Page
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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.
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