Person:John Fenton (7)

Will Transcript

Will of John Fenton

October 7th, 1835

Pgs 146, 147 & 148

Be it remembered that I John Fenton of Frederick County and State of Virginia being in a weak bodily state but of sound mind and memory being impressed with the uncertainty of my continuance in this state of mortality do this seventh day of the tenth month (October) in the year of our Lord One thousand eight hundred and thirty five 1835 make and publish this my Last Will and Testament in manner and form following to wit.

First I do order and direct that all my just debts and funeral expenses be fully and as early paid after my decease as may be by my Executors hereafter named and not of such monies as may come into their hands.

Second I do give and bequeath to my two daughters Viz. Mary Flower wife of Richard Flower and Rachel Jackson wife of Abel Jackson the following described tract or parcel of Land to wit.

Beginning at two small pines on the top _ the Hill East of Babbs run in Elmores line running thence therewith at N & W 15 perches to the centre of the Hollow which comes down through the plantation formerly owned by Jacob Whiteman? now owned as part of the Estate of Carrs? extending thence same course with Ellmores line 15 perches to a small apple tree and white Oak in Ellmores line and corner to land of Rebecca Fenton decd which was divided amongst her brothers of which this is a part extending therewith is also with Ellmores line same as aforesaid 24 poles to a stake in Elmores line and corner to lot No. 2 in the division of the land of said Rebecca Fenton decd thence with said Lott No2 at N 63 1/2 W 292 perches to a heap of stones corner to lott No2 and in Onions line thence therewith at S16W 45 poles 15 links to several small saplins corner to John Fentons former land in Onions line thence therewith same course as aforesaid 55 perches to three white oaks in a hollow said to - Onions Corner thence S 8 3/4 E 196 poles to two pines near the head of a hollow on the West side of Big Hunting Ridge thence Sq E 25 1/2 perches to two pine trees and small sasafrass on the west side of said Ridge near the Top thence N 15 3/4 E. 194 perches to a pine Tree on the West Edge of Hunting Ridge thence S 76 1/2 E (208?) perches to the Beginning containing one hundred and ninety acres of Land be the same more or less according to the above Boundaries to them the said Mary Flower and Rachel Jackson and their heirs and assigns for Ever, with each of them or their heirs or assigns paying one hundred dollars (that is to say $100 a piece) to my daughter Ruth Pickering wife of William Pickering.

Thirdly I do give and bequeath to my four Grand children being children of my son Joseph Fenton Jr. decd Viz. Ruth Eleanor Fenton, John D. Fenton, Rebecca Fenton, James Peyton Fenton all the residue of my land that shall remain after bequeathing as aforesaid unto my two daughters Mary Flower and Rachel Jackson containing about two hundred and twenty one acres with all the appurtenances thereunto belonging is in any wise appertaining to them and their heirs and assigns forever.

I Except notwithstanding I have bequeathed the aforementioned Land to my four grandchildren as aforesaid I do reserve and give to my daughter in law Eleanor Fenton the mother of my aforementioned Grandchildren to have hold occupy and enjoy the one equal third part of the profits that may or shall arise from the said two hundred and twenty one acres of Land during her natural life, and also

I give and bequeath unto my daughter in Law Eleanor Fenton all my personal Estate of every discription that shall remain after the payment of my just debts and funeral expence by my Executors and also Ten dollars I direct my Executors to pay unto Sidney Daniel wife of Benjamin Daniel and likewise I direct my Executor to pay unto the legal heirs and representatives of my daughter Sarah Davis dec'd the sum of Ten dollars.

Fourthly. I have directed my Executors to pay unto my daughter Sidney Daniel wife of Benjamin Daniel the sum of Ten dollars which I give and bequeath to her to be paid within twelve months after my decease

Fifthly. I have directed in this my last will that my daughters Mary Flower and Rachel Jackson that they do pay unto daughter Ruth Pickering the sum of one hundred dollars each, which sum I do give and bequeath to her

Sixthly. I have directed my Executors to pay unto the legal heirs and representatives of my daughter Sarah Davis decd the sum of Ten dollars which sum I give and bequeath to them and direct my Executors to pay it to them within 15 months after my decease.

Seventh and Lastly. I do nominate and appoint my Grandson John Davis and Enoc Fenton son of Benjamin Fenton Executors to this my last will and Testament revoking and disannulling all former and other wills by me at any time made and only constitute this to be my last will and Testament In witness whereof the said John Fenton did to these presents set his hand and seal.

(Signed) John Fenton (Seal)

Signed Sealed and delivered by the said John Fenton to be his last Will and Testament in presents of us

David Smith

Thomas Barrett

Richard Barrett

James R. Barrett

Enoch Fenton

At a Court held for Frederick County the 1st day of February 1836 This Last Will and Testament of John Fenton decd was proved by the affirmations of Thomas Barrett and Richard Barrett two of the witnesses hereto and ordered to be recorded. John Davis one of the Executors therein named in open Court refused taking on himself the burthen of the Execution thereof, and it appearing to the satisfaction of the Court that Enoch Fenton the other Executor therein named also renounces his right, - On the motion of Walter W. French who made Oath according to Law, certificate is granted to him for obtaining Letters of administration with the will annexed on the Estate of the said deceased, on his giving security, whereupon he together with Gabriel H. Davis his security entered into and acknowledged bond in the penalty of One Thousand dollars conditioned for his due and faithful administration of the said decedants Estate.

By the Court

T.A. Tidball

1. ↑ ^1.0 1.1 Family tree maker. (MyFamily.com, Inc., c2003).

   47. JOHN4 FENTON (ENOCH JR.3, ENOCH SR.2, ELEAZER1) was born 1755 in BURLINGTON, BURLINGTON CO., NEW JERSEY, and died February 01, 1836 in FREDERICK CO., VIRGINIA. He married RUTH WRIGHT 1779 in MONTGOMERY CO.,PENNSYLVANIA, daughter of ISAAC WRIGHT and SIDNEY ROGERS. She was born Bet. 1754 - 1757 in FREDERICK CO., VIRGINIA.
   
   Children of JOHN FENTON and RUTH WRIGHT are:
   
   105 i. SARAH5 FENTON, born 1780 in MONTGOMERY CO., PENNSYLVANIA; died May 07, 1822 in FREDERICK CO., VIRGINIA. She married (1) UNKNOWN PAPSMORE 1795. She married (2) GABRIEL H. DAVIS August 19, 1799 in FREDERICK CO., VIRGINIA.
   
   More About UNKNOWN PAPSMORE and SARAH FENTON:
   Marriage: 1795
   
   More About GABRIEL DAVIS and SARAH FENTON:
   Marriage: August 19, 1799, FREDERICK CO., VIRGINIA
   
   106 ii. MARY FENTON, born 1788 in FREDERICK CO., VIRGINIA. She married RICHARD FLOWERS October 07, 1815 in FREDERICK CO., VIRGINIA.
   
   More About RICHARD FLOWERS and MARY FENTON:
   Marriage: October 07, 1815, FREDERICK CO., VIRGINIA
   
   107 iii. RUTH FENTON, born in FREDERICK CO., VIRGINIA. She married WILLIAM PICKERING July 22, 1815 in FREDERICK CO., VIRGINIA.
   
   More About WILLIAM PICKERING and RUTH FENTON:
   Marriage: July 22, 1815, FREDERICK CO., VIRGINIA
   
   + 108 iv. RACHEL WILKINSON FENTON, born May 05, 1795 in FREDERICK CO., VIRGINIA; died September 16, 1867 in FREDERICK CO., VIRGINIA.
   + 109 v. SIDNEY FENTON.
   110 vi. JAMES FENTON, born in FREDERICK CO., VIRGINIA.
   111 vii. JOSEPH FENTON, born in FREDERICK CO., VIRGINIA; died 1823. He married ELEANOR DUNCAN August 29, 1818 in FREDERICK CO., VIRGINIA; born 1774.
   
   More About JOSEPH FENTON and ELEANOR DUNCAN:
   Marriage: August 29, 1818, FREDERICK CO., VIRGINIA
   
   112 viii. JOSHUA FENTON, born in FREDERICK CO., VIRGINIA.
   
   http://familytreemaker.genealogy.com/users/j/o/n/Margery-G-Jones/GENE6-0006.html#CHILD47