12. | GAYLE, John was born on 26 Nov 1777 in Caroline, Virginia, USA (son of GAYLE, John and WALDEN, Joanna); died on 23 Apr 1861 in New Liberty, Owen County, Kentucky. Notes:
JOHN GAYLE, OWEN COUNTY, KY.
June 8, 1849 --- Will Book E, Page 209-210
I, John Gayle, Sr. of Owen County, Kentucky make this my last will & testament. I have heretofore given to my sons John, Robert, and James and to my daughter Joanna, wife of John M. Leonard, all that I design to give them out of my estate, and I do now notify said gifts of reality, slaves or personality and exclude them from all participation in the estate of which I may died possessed.
To my son Thomas I have given Land and slaves by deed recorded and the second by deed yet unrecorded. of date the 4th____ such gifts subject to an Estate for life for myself & wife Malinda Gayle. I have given him other things which I now confirm. And I did once own a building in New Liberty at present occupied by Peebles Co. Druggist which I gave to my son Thomas & which he sold to his brother Robert. Said gift and sale I now confirm. As to all other property which I am or may become possessed, I hereby give it to my said wife for her lifetime, should she survive me,if not or at her death, I give it to my Said Son Thomas, constituting him my residuary Legatee, subject to my said wifes estate for life, and with this further exception that by the deed of date 4th Int by which I gave certain slaves to Thomas. I also gave a slave girl named Fanny to my said wife which gift I now confirm. I make my said Son Thomas, my Executor. I direct that he shall not be required to give Security as such or to make any sale of my Estate and further that no appraisement of any part thereof shall be required to be made.
June 8, 1849 signed John Gayle
Attest
Lyman Martin
John B. Mussey
* * * * * * * * *
I, John Gayle, being of sound mind but in feeble health do make the following Codicil and amendment to the above will made by me on June the eighth 1849, In which my son Thomas Gayle was made My Executor and residuary Legatee. I now revoke Such part of Said will and constitute James Gayle and R. H. Gale My Executors. And my beloved wife Malinda Gale is to have all the stock farming implements household and kitchen furniture cash notes and money I now have on hand and such other things as I may have conveyed by Deeds of gifts now recivd'd for her use and benefit and to be disposed of by her as she pleases and in such manner as she may think proper. I desire my Executors and my wife to see that my Son John who is afflicted shall be cared for and made comfortable if it be possible, and I also desire that my wife's sister, Mrs. Nancy Searcy, shall have such assistance as my wife Malinda can give her over and above caring for my son John.
April 23, 1861 (signed) John Gayle
Witnesses:
Henry Blanton
W. A. Bond
KENTUCKY OWEN COUNTY COURT FOR JULY TERM 1861
The foregoing instrument of writing purporting to be the last will and testament of John Gayle, Sr., deceased, with the codicil annexed, was produced in court and was proven by the witnesses Lyman Martin, Henry Blanton, & W. A. Bond subscribing witnesses thereto and also the attestation of John B. Mussey as the other Subscribing witness thereto that the same was signed by themselves and acknowledged by the testation in the presence of each other whereupon the same was offered to be recorded as the testament of said John Gayle deceased.......
Thos. A. Ireland, clk.
John married BRASSFIELD, Malinda on 2 Aug 1808 in Gallatin, Kentucky, USA. Malinda (daughter of BRASFIELD, James and UNKNOWN, Eliza) was born in 1790 in Virginia, USA; died on 5 Jun 1864 in New Liberty, Owen County, Kentucky; was buried in New Liberty, Kentucky (Gayle Family Plot). [Group Sheet] [Family Chart]
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