Tuesday, May 28, 2013

Ellen's Will

The Last Will and Testament of A. E. Ellen Simmons Kernachan gives away a lot of detail concerning her personality, her devotion and her business accumen. She was one sharp lady, it's very clear. Well-educated, well-situated, religiously devout and moral, and full of horse-sense.

She out-lived her husband by nearly 30 years and her oldest son by ten. She was survived by only two sons, John Simmons Kernachan I, and Dr. William Jones Kernachan and by the two sons of her oldest son Robert III, named in the will as Robert and Moore. 

The easiest way to detail her will, as it is so clear, is just to present it in its entirety. I give you, Mrs Ann Elizabeth Ellen Simmons Kernachan:


Last Will and Testament of A. E. Ellen Kernachan

I A. E. Ellen Kernachan do make and publish this as my last will and testament hereby revoking all former wills by me made.
1st I wish all my just debts paid.
2nd I give and bequeath to the Board of Church Extention (sic) of the Methodist Episcopal Church South Five Thousand dollars of the Capitol Stock of the Florence Land Mining and Manufacturing Company to be used by said Board for Purposes of Church Extention(sic) in such manner as in the opinion of said Board the best interest of the  M. E. Church South may require.

3- I hereby give and bequeath to the Board of Missions of the Methodist Church Episcopal Church South Five Thousand dollars of the Capital Stock of the Florence Land Mining and Manufacturing Company to be used by said Board for Missionary purposes in such way as in their opinion the best interest of the M. E. Church South may require. 

4- I give and devise to my sons John S. and Wm J Kernachan in Equal parts the quarter acre of land owned by me in Florence, Alabama & being a part of the Brandon tract of land. 

5- All the remainder of my Estate I give and devise to my said sons John S and Wm J Kernachan and to my grandchildren Robert and Moore Kernachan.  Each of my said Sons taking one third and my two said grandchildren the other third. 

6- It is my intention to give the 100 shares of Stock mentioned in items 2 and 3 of this will to the Methodist Episcopal Church but the same is to be paid over to said Board as soon as practicable after my death to be by them used for the purposes herein before indicated. 


7- My Executor herein after named is given full power to manage and control, sell or otherwise dispose of the property herein given to my said grandchildren and to make such investments of the same as he may think best. In a word my said Executor shall have as much power in the management, control, disposition investment and reinvestment of said interests as if they were his own until the youngest of my said grandchildren shall arrive at the age of twenty-one years when their said interests or  estates shall be turned over to them. Should either of said grandchildren die before the period last named the survivor shall take his interest in estates.


8- I hereby appoint my son John S Kernachan the executor of this my last will and testament and direct that he be not required to give bond as such and that he be not required to make any settlement or settlements of his Executorship in any Court.

Signed sealed published and declared to be my last will and testament at Florence, Alabama on this 7th day of January 1888 in the presence of Henry C. Jones, & George P. Jones who in my presence and in the presence of each other have subscribed the same as witnesses given under hand and seal.

                                            A. E. Ellen Kernachan

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