Last Will & Testament


Will of Zachariah Summerville, Dec’d

I, Zachariah Summerville, of Mayfield, Graves County, Kentucky, being of sound mind and memory, and desiring to dispose of my property by Will, do hereby declare and publish this my last Will and Testament, hereby rescinding all former wills made by me.

Item First: I give and devise to my beloved wife, Minnie B. Summerville, one house and lot situated on North 6th Street, in Mayfield, Graves County, Kentucky, and is bounded on the South by the property of Mrs. - - - Caufman, and on the North by the property of Joe Hamlet, said property being my residence, in the town of Mayfield, Kentucky, to have said house and lot absolutely and in fee simple.

Item Two: I give and devise to my beloved wife, Minnie B. Summerville, one lot and brick store-house, situated on Broadway Street, in the town of Mayfield, Graves County, Kentucky, bounded on the West by the property of Ed Johnson and on the East by the Dewey building, to have and to hold said property and appurtenances hereunto belonging while she remains my widow, but if the said Minnie B. Summerville should marry, then the said lot and brick store-house shall pass to my children, Nellie Bougeno, Harry Summerville, Mamie Summerville, Milton Summerville and Lillian Summerville, to have and to hold absolutely and in fee simple, or if my said wife should not marry, the said property shall pass to my said children upon her death in fee simple. I mean that upon the marriage of my said wife or her death, whichever happens first, that the above lot and brick store-house described in this item shall pass to my children, as provided herein.

Item Three: I give and devise to Nellie Bougeno, my married daughter, one house and lot, situated in the town of Mayfield, Graves County, Kentucky, west of the Cumberland Presbyterian Church, of Mayfield, and adjoining the property of Mrs. - - - - Gough, to have and to hold said property absolutely and in fee simple.

Item Four: I give and devise to my son, Harry Summerville, one house and lot near the woolen mills, in Mayfield, Graves County, Kentucky, and bounded on the east by Judge Elmore’s property and on the west by an alley; also one lot and one frame two-room cottage thereon, said lot of ground situated in West Mayfield, and being in Graves County, Kentucky, to have the above described property in fee simple.

Item Fifth: I give and bequeath to my children Mamie Summerville, Milton Summerville, and Lillian Summerville twenty shares of bank-stock in the City National Bank, of Mayfield, Kentucky, to be divided among them equally.

Item Sixth: I give, devise and bequeath the remainder of my property, real and personal, to my wife, Minnie B. Summerville, and my children, Nellie Bougeno, Harry, Mamie, Milton and Lillian Summerville, to be divided among them equally after the payment of all my just debts and funeral expenses, all of which I desire to be paid as soon as practicable after my death.

Item Seventh: If there is not a sufficiency of my property remaining to pay all my just debts and cost of administration after satisfying the special devises and bequests made herein by items numbers one, two, three, four and five, then it is my desire and will that each and every devisee and legatee herein named shall be liable for such unpaid debts or cost of administration, if any, in proportion to the value of the property that each shall respectively receive under this, my last Will and Testament.

Item Eighth: I also hereby nominate and appoint Henry S. Hale as my Executor, under this will, and I request that he act as my Executor and to wind up my estate to the best of his ability, according to my Will.

In Witness Whereof, I hereunto subscribe my name this the 10th day of June, 1899.
Zachariah Summerville


Codicil & addition to the above Will.

1~Since making the above Will the store building on the lot on Broadway St. in Mayfield, KY., willed above, has been destroyed by fire & it is now my will & desire that the fire insurance money owing me by the companies or a sufficiency thereof be used by my Executor in replacing & building on same lot a store building similar to the one that burned.

2~I will and bequeath to Mayme Summerville, Lillian Summerville and Milton Summerville the sum of one thousand dollars, one third of this amount to go to each, and same to be used by my Executor for the maintenance and education of said three named children – the object of this devise being to make them about equal to Harry Summerville and Nellie Bougeno.

3~I will and desire that my Executor shall use out of my general estate the sum of one thousand to twelve hundred dollars to buy a lot, erect a vault and place a monument at my grave after my death.
Z. Summerville

Orders{Graves County Court Regular Term, Monday 18" Day, February 1901

An Instrument of Writing purporting to be the true last Will and Testament, together with a Codicil attached thereto, of Z. Summerville, Dec’d was this day freed in open court and offered to be probated as such. Then came T. L. Orise, one of the attesting witnesses to the Instrument purporting to be the true last Will and Testament of the said Z. Summerville, Dec’d., and after being duly sworn as the law directs, testified in open court as follows, viz: "That he and Lula Flowers, the other attesting witness to said Instrument, were present and saw the said Z. Summerville sign his name to said Instrument, that at the time of signing same he was thoroughly informed as to the contents of same and that he was of sound mind and disposing memory; that, at the time of signing said Instrument, he declared same to be his true last Will and Testament and acknowledged same to be his act and deed, and at his request and in his presence and in the presence of each other, they both, the said Orise and Flowers, signed their names to said Instrument as attesting witnesses." Then came A.E. Johnson, one of the attesting witnesses to the Instrument annexed to that purporting to be said true last Will and Testament of the said Z. Summerville, Dec’d, and testified as follows, viz: "That he and H.S. Hale, the other attesting witness to said Instrument, were present and saw the said Z. Summerville sign his name to said Instrument and he then declared same to be a true Codicil to, and a part of, his true last Will and Testament, and acknowledged same to be his act and deed; that he was, at the time of signing same, of sound mind and disposing memory, and at his request they the said Johnston and Hale, signed their names to said Instrument as witnesses, in his presence and in the presence of each other." It is, therefore, adjudged by the Court that the first above mentioned Instrument of Writing is the true last Will and Testament of the said Z. Summerville, Dec’d and is hereby probated as same and ordered to be recorded as such, and it is further adjudged that the last above mentioned Instrument is a true Codicil to, and a part of, the true last Will and Testament of the said Z. Summerville, Dec’d. and is hereby probated as same and ordered to be recorded as such.