RFenwickwill.htm

 Franklin County, KYGenWeb  


Will  Book 1

1795 - 1823

Page  54

In the name of the ever blessed and adorable trinity God the Father, God the Son and God the Holy Ghost. Amen.

I Robert Fenwick being in good health and in my sound senses, yet remembering the mortality of men and thinking proper whilst in good health and senses, to direct what after my death
shall be done with the worldly goods it has pleased Almighty God to bless me with.  Therefore I do make and declare this to contain my last will and testament hereby also declaring all
former will or wills heretofore made by me null and void.  First my will and desire is that my executors hereafter named see that after my decease my body be decently buried agreeable
to the rules, rites, ceremonies of the Roman catholic church of which Church (to unworthy) I freely heartily and sincerely profess myself a member.

Secondly my will and desire is that my executors hereafter named pay all my lawful debts of every kind to be affected by suits, means and measures as my executors deem best and the
exigencies of my of my debts and estate may point out.  Thirdly, I give and bequeath to my beloved wife Balinda a negro woman named Bridget a negro boy named Joe & a negro girl named
Eliza together with the whole of my household and kitchen furniture to her, her heirs and assigns forever.  Fourthly, I given and bequeath to my son Cornelius Fenwick ten pounds in property to
be paid to him in case of his death to his lawful representatives after my wifes decease without interest. Fifth I give and bequeath to the four sons of my son John Fenwick deceased ten
Pounds in property their shares being fifty shillings each to be paid to them as they severally come of age without interest, but if any one or more of them should die under age my desire
is that the ten pounds shall be equally divided among the survivor of survivors of them. Sixth I give and bequeath to my daughter Elizabeth Calhoon a negro man named Moses and a negro
woman named Agnes to her, her heirs and assigns forever to have hold and enjoy the said negroes from and after my wifes decease and not before unless my wife may think proper to suffer
her to have hold & enjoy the said negroes sooner. Seventhly, I give and bequeath to my son Joseph Fenwicks children seventy five pounds in money to be equally divided between them or
such of them as shall or may be living to be paid to them at my wifes decease without interest which sum of seventy five pounds is to be raised and paid on the condition and manner herein
after pointed out. Eighthly, I give and bequeath to my son Enoch Fenwick a negro girl named Anne to him, his heirs and assigns forever to have hold and enjoy the said negro Anne from and
after my wifes decease and not before unless my wife should think proper to suffer him to do so sooner. Ninthly, I give and bequeath to my son Henry Fenwick a negro girl named Prudence
to him, his heirs and assigns forever to have hold and enjoy the said negro Prudence from and after my wifes decease and not before unless my wife should think proper to suffer him to do
so sooner. Tenthly, I give and bequeath to my son Ignatius a negro man named Sam alias Samuel a negro boy named Babtist a negro girl named Clara and the plantation whereon I now live
with all and Singular its appurtenances to him, his heirs and assigns forever to have and to hold and enjoy the said negroes & plantation from and after my wifes decease & not before unless
my wife may think proper to suffer him to have hold and enjoy the said negroes & plantation sooner & provided however and it is to be understood that my said son Ignatius has been already
at considerable expence and labour and will be at considerable additional expence and labour in fixing and establishing a farm yard. What my will and desire is that he have, hold and enjoy
one acre of ground including his Farm yard from and immediately after my decease provided however also That it is distinctly to be understood that what herein given and bequeathed to my
said son Ignatius is to stand charged with and be subject to the payment of the legacy of the seventy five pounds in money to my son Joseph Fenwicks children on the following condition
however that is to say, what I have herein given & bequeathed to my son Ignatius Fenwick is to stand charged with and be subject to the payment of the legacy of the seventy five pounds in
money to my son Joseph Fenwicks children provided that the negro boy named Babtist herein given and bequeathed to my said son Ignatius should outlive my wife and my said son Ignatius
get the free full and undisturbed possession of the said negro Babtist as his property under this my last will & testament and not without which said legacy of seventy five pounds in money to
my son Josephs children to be paid in equal divisions as they severally come of full age without interest. Eleventhly, I give and bequeath to my grandson Robert Fenwick Calhoon a negro boy
named Leo to him, his heirs and assigns forever to be holden and enjoyed by my wife during her life and afterwards by my daughter Elizabeth Calhoon during her natural life or widowhood, But
in case my wife should die or my daughter Elizabeth Calhoon should marry during the --- age of my said grandson Robert Fenwick Calhoon my will and desire is that the said negro boy Leo
shall be hired out from year to year by the guardian of my said grandson and the money arising from the hire be appropriated towards his maintenance and education and at a full age to have,
hold enjoy the said negro Leo to him, his heirs & assigns forever. Twelfthly, My will and desire is that after my wifes decease and the payment of the specific legacies of ten pounds to my son
Cornelius Fenwick and thirteen pounds to my son John Fenwicks children that the whole of my estate both real and personal not herein otherwise disposed by sold and the money arising
therefrom be equally divided between my son Cornelius, the children of my son John as one share, my daughter Elizabeth, the children of my son Joseph as one share, my son Enoch, my
son Henry and my son Ignatius or their lawful representatives in case of the death of any. Thirteenthly my will and desire is that my wife shall have full free & entire liberty to remove the whole
or any part of my estate herein willed or bequeathed in which she has a life estate to any part of the United States or out of the same in case she may think proper to do so without the liberty
or consul of any one of the Devisees or legatees. Lastly I appoint my beloved wife Balinda and my son Ignatius executrix and executor to this my last will and testament, or either separately
in case either should refuse to act, and in case they should both act my will and desire is that my wife shall not be holden to security for the faithful execution of this my last will and testament,
but that my son Ignatius shall be holden to security whether he acts seperately or jointly with his mother. But should both or either die or refuse to act my will and desire is that the person or
persons who may administer with the will annexed to be bound to give security as in other cases agreeable to law. In witness whereof I the said Robert Fenwick have here unto set my hand
and affixed my seal this fifteenth day of September one thousand eight hundred and six.

Robert Fenwidk {Seal}

Witness
James G twyman
David Shelton
Teresa Twyman
Philip Callender

At a court held for the County of Franklin at the courthouse in Frankfort on Monday the 21st day of December 1807.
The last will and testament of Robert Fenwick deceased was produced in court and proved by James Twyman one of the subscribing witnesses thereto and ordered to be certified.
Att. Daniel Weisiger Clk

At a Court held for the County of Franklin on Monday the 18th day of January 1808.
The last will and testament of Robert Fenwick which was proven by the oath of James Twyman at the last court is now further proven by the oath of David Shelton a subscribing witness
thereto . . As also by the oath of Philip Chandler which is ordered to be recorded.
Daniel Weisiger Clk.

Submitted by:  Michelle Woodham
[email protected]


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