Will of
Margery Nichols

Mason County KY Will Book:

Margery Kirk Nichols,

In the name of God, Amen. I Margery Nicholls being of sound disposing mind and memory do make ordain and declare this my last Will and testament as follows towit: First I desire that my executor herein after mentioned shall pay and satisfy all just demands which I may leave unsatisfied. Secondly I will and bequeath unto my beloved nephew George Kirk son of Thomas Kirk Junior and to his heirs and assigns forever all and singular the tract of land whereon I now live, also all the household and kitchen furniture, which I may leave in the house and kitchen or on the said farm, and my farther will is that my executors herein after appointed shall pay to my said nephew the sum of five hundred dollars.

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My farther will is that my said nephew shall have all my stock of horses, cattle sheep and hogs, and all and every kind of farming tools and utensils which I now have or may have at the time of my death.

Item, I give and bequeath to my brother Thomas Kirk the Sum of one hundred dollars to be paid him by my executors as soon as they can conveniently collect the same.

Item I give and bequeath to my brother-in-law George Plummer the sum of fifty dollars to be paid by my executors so soon as they can collect the same.

Item, I will and bequeath to my Neice Mary Thomas wife to William Thomas the sum of fifty dollars to be paid to her by my executors.

Item. I will and bequeath to Isaiah Nicholls son to my Nephew Thomas Nicholls the sum of fifty dollars to be paid to his guardian by my executors, or in case he thinks proper to secure it, so that it shall answer for a fund for schooling the said Isaiah.

Item. My will and desire is, that all the residue of my said estate, not herein bequeathed shall be equally divided between all the children of my brother Thomas Kirk and my sister Nancy Plummer deceased, except such cloathing as I may leave, which I direct to be divided between my sister-in-law Elizabeth Kirk, my neice Mary Thomas, Malinda Dollas and Sally Kendall, wife of Aaron Kendall.

Item, I appoint my friend Thomas Manhall Executor to this my last Will and testament hereby revoking all and every other will or wills heretofore made by me. In testimony whereof, I have hereunto set my hand and seal this third of September eighteen hundred and eleven.

Signed, sealed Published &
Pronounced as the last Will
& Testament in the presence of
       Teste                         her
J.R. Bullock          Margery X Nichols {Seal}
Manhall Key                    mark
Peyton R. Key

I Margery Nicholls being still of sound mind and memory as make this codicil to my will as follows towit
It is my will and desire that my negro boy Armstead be free after the year eighteen hundred and twenty four and my executor is hereby directed and empowered to sell the said boy for that term and no longer and to give him the privilege of choosing his master if he shall think proper.

My farther will is that my nephew George Kirk shall receive but three hundred dollars instead of five hundred mentioned in the body of my will. In testimony whereof I have hereto set my hand and seal the nineteenth of September eighteen hundred and eleven.

Mason County Kcty April Court 1823
This last Will and testament of Margery Nicholls deceased was produced in Court and proved by the oath of Peyton R. Key and Marshall Key, witnesses thereto and ordered to be recorded. And it appearing to the satisfaction of the Court that Thomas Marshall the executor named in said Will has departed this life, on motion of George Kirk, administration with the will annexed of the estate of the said Margery Nicholls deceased is granted to the Said George Kirk, whereupon he made oath &c and upon his motion certificate is granted him for obtaining letters of administration thereof in due form, upon his giving Security, whereupon he together with Daniel Rees and William Rankins his securities entered into and acknowledged bond in the penalty of Six thousand dollars conditioned as the law directs.

Attest
Manhall Key, Clk.

Transcribed by J.L. McKenzie. Words/comments in [brackets] were inserted by me for clarification. This Margery was the wife of Thomas Nichols who was the brother of my 6th great grandfather, John Nichols. Interestingly, in spite of Thomas's wishes, stated in his will, Margery wrote left her entire estate to her brother, her sister and their children, save for $50.00 to Isaiah Nichols, son of her husband's nephew, Thomas Nichols.