WILL OF ROBERT MARSHALL, JR.
Contributed by Rhoda Fone
from the research files of Mrs. Edna
Bushnell of Birmingham, Alabama
Fayette County, KY, Will Book C, page
299
Dated July 1814, Proven October 1814.
In the name of God Amen. I ROBERT
MARSHALL of Fayette County & State of Kentucky do make ordain and declare
this instrument to be my last Will and Testament revoking all others. In
________ all my debts of which there are but few and none of my ______ are to
be punctually paid.
Item, to my dearly beloved WIFE MARY
ANN MARSHALL, I give and bequeath the tract of land I now live on during her
widowhood, but in case she should remarry she is then to hold one third of the
said land during her natural life the other two thirds to be rented out until
my youngest child shall arrive to the age of twelve years old which rents are
to be applied to schooling and supporting my five youngest children viz:
ROBERT, CYNTHIA, AMERICA, DORINDA, AND CALISTA shall arrive as above stated to
the age of twelve years old then the above mentioned two thirds of said land to
be given up to my said SON ROBERT which I give and bequeath in fee simple unto
him and his heirs forever, and the other third in case it should be returned by
his mother by her marrying again, as above state, I give and bequeath also to
my son Robert and his forever at the decease of MARY ANN MARSHALL HIS MOTHER.
It being my will he should hold all of the land.
Item, I also give and bequeath to my
wife during her natural life the following negroes viz: Daniel, Rose and Vina
and at her death them and their increase if any to be equally divided among all
my children.
Item, I also give and bequeath to my
wife during her natural life my Waggon team and gun and at her death to be
equally divided amongst all my children.
Item, I also give to my wife four cows
and calfs, 25 sheep and twenty-five hogs, the cows, sheep and hog to be taken
out of my stock of her own choice.
Item, I also give to my wife the one
half of the crop that is now growing the other half to be sold and then money
applied to the support and schooling the five children as above mentioned. I
also give her two ploughs and 3 hoes.
Item, I also leave in the possession of
my wife all my household and kitchen furniture to be given out to my seven
children that are not with us when they marry or shall come of age and require it
to each as nearly equal to what those children have had that have left us as
she can possibly. . . of at it.
Item, I also give and bequeath unto MY
DAUGHTER ELIZABETH HILL one negro boy named Martin to her and her heirs
forever which said boy she has already received.
Item, I also give and bequeath unto MY
DAUGHTER SUSANN BURTON one negro boy named Darius to her and her heirs forever
to which said boy she hath already received. I also give and bequeath unto MY
DAUGHTER NANCY OLDHAM one negro girl named Kezza to her and her heirs forever
which said girl she hath already received.
Item, I also give and bequeath unto MY
DAUGHTER POLLY SYMPSON one negro girl named Hannah to her and her heirs forever
which said girl she hath already received.
Item, I also give and bequeath unto MY
DAUGHTER MALINDA MARSHALL one negro girl name Lucy to her and her heirs forever
also a rone filly, saddle and bridle.
Item, I also give and bequeath unto MY
DAUGHTER PEGGA MARSHALL one negro boy named Bill to her and her heirs forever,
also a bay mare with a bald face, also one saddle and bridle.
Item, I also give and bequeath unto MY
SON ROBERT MARSHALL one negro boy named Peter, to him and his heirs forever and
one bay horse colt saddle and bridle.
Item, I also give and bequeath unto MY
DAUGHTER CYNTHIA one negro girl named Amy to her and her heirs forever also to
be furnished with a horse, bridle and saddle worth sixty dollars when she shall
arrive at fourteen years of age.
Item, I also give and bequeath unto MY
DAUGHTER AMERICA one negro boy named Dennis, to her and her heirs forever, also
to be furnished with a bridle, saddle worth sixty dollars when she shall arrive
at fourteen years of age.
Item, I also give and bequeath unto MY
DAUGHTER DORINDA one negro boy named Ned to her and her heirs forever, also to
be furnished with a horse saddle worth sixty dollars when she shall arrive at
14 years of age.
Item, I also give and bequeath unto MY
DAUGHTER CALISTA one negro girl named Eliza to her and her heirs forever also
to be furnished with a horse, bridle saddle worth sixty dollars when she shall
arrive at 14 years of age.
It is my will and desire that my two
negro men viz: Jacob and Jack shall be hired out annually for eight years and
that my executors have full power to select good prices for them and hire them
at private bargain for the best prices they can get at such places which said
hire is to be applied to the furnishing the horses saddles and bridles and also
for schooling and supporting the five youngest children as far as is necessary
and the balance of the money thrown into stock, and at the expiration of the
above mentioned eight years these two negroes are to be sold by my executors in
the same manner in that I have directed them to be hired, that is they are to
select good masters for them and sell them at public bargain for the best price
they can get of such men and the money arriving from the sale of them thrown
into the common stock. It is also my wish and desire that one negro man named
Harry shall be sold at the death of my mother, under the same rules I ….
as is mentioned for Jacob and Jack and my interest I have in him which is five
eights which may be seen by reference to my papers, thrown into the common
stock, disposed of as I shall hereafter direct. It is also my will and desire
that all the property that I may die in possession of not heretofore mentioned
shall be sold at public sale by my executors and the money arising therefrom to
be thrown into common stock as before mentioned and every amount of every kind
not before bequeathed shall be equally divided among all my children, as soon
as the eight years as before mentioned expires the negroes are sold and the
money collected for them and that time the division shall then take place I wish
those children parts that are not of age to be retained until either they marry
or come of age. Lastly I constitute and appoint my dearly beloved WIFE MARY
ANN MARSHALL executrix and William Collins and William Davenport executors of
this Will and Testament. In testamony whereof I have hereunto set my hand this
30th day of July 1814.
ROBERT
MARSHALL (Seal)
In the presence of:
Thomas Ferguson
Christy Epperson
Henry (his X mark) Walker
Fayette Co., KY Court Order Book 3,
page 180. October 1814
The last Will and Testament of Robert
Marshall dec’d was this day returned to Court and proved by the Oaths of Thomas
Ferguson and Henry Walker Subscribing Witnesses thereto and ordered to be
recorded.
Fayette Co., KY Court Order Bk. 3,
page 181, October 1814
Mary Ann Marshall and William Davenport
the Executrix and Executor named in said Will came into Court and took the Oath
required by law and executed bond October 1814, the penal sum of $15,000 each,
with John Winn the Security of William Davenport and Eli Cleveland* the
security of Mary Ann Marshall, and George Stapleton, Eli Cleveland and Joseph
Bentley and George Muir or any three of them are appointed to appraise in
current money the Slaves (if any) and personal estate of Robert Marshall dec’d
and make report thereon to this Court. July 1815.
(*Note from Rhoda: Eli
Cleveland was married to Mary (Simpson) Canterbury Cleveland, aunt of Mary Ann
(Simpson) Marshall.)