The Will of
Will Book "C", p. 292
Last will and testament of Robert Davenport of Plymouth. I Robert Davenport of Plymouth Luzerne County Pennsylvania farmer being of sound mind and disposing memory, do make and publish this my last Will and Testament, hereby revoking all Wills by me at any time heretofore made.
In the first place I order and direct that all my just debts be paid by my Executors out of my personal Estate as soon after my decease as convenient.
Item. To my wife Phebe, I do give and bequeath all of my household property, and the one third part of my personal Estate, after the payment of my debts, absolutely; and the rents issues and profits of the one third part of my real estate during her life. She shall also have the exclusive rights to the use and occupancy of my dwelling house, garden and the one third part of my barn during her life. At her decease, such of the property as I have bequeathed to her shall descend and be enjoyed in the same proportions to my children and their heirs as herin after designated, i.e. such part of it as may not have been disposed of by her.
Item. All the residue and remainder of my estate real and personal - not already devised I do give, devise and bequeath the same, share and share alike, to all my children, or in the event of the death of any one, the children of such deceased child , and their heirs, always excepting the children of my son Samuel, now deceased to whom I do not give any portion of my Estate for reasons hereinafter assigned. - But my daughter Rhoda shall have in addition to her share one hundred and fifty dollars as an out set - and there shall be deducted from the share of Grandchildren, issue of my decease daughter Liva, wife of John Smith one hundred and fifty dollars the value of a lot I give to the said Liva.
In the foregoing devise the children of a deceased child and their heirs, shall be entitled to one share - In the devise as made to my children and their issue - there will be six shares as follows:
one sixth to my daughter Jane married to Sanuel Van Loon & her heirs -
one sixth to my daughter Elizabeth married to John Madden and her heirs.
one sixth to my daughter Lydia married to S. H. Dodson & her heirs -
one sixth to my daughter Sarah married to Andrew Santee and her heirs -
one sixth to my grand children, issue of my deceased daughter Liva, wife of John Smith
and their heirs subject to the deduction heretofore named and
one sixth to my daughter Rhoda Ann and her heirs, with the addition as heretofore named-
The reason why I do not devise any portion of my estate to my son Samuel's children arises from no want of parental feeling, but that during the life of my son Samuel, I made advances to him in cash and property in more than double the share that any one of other children will receive out of my estate when he commenced business as a merchant. I gave him in the way of advancement over Twelve hundred dollars in ready cash, at various times afterwards I loaned him money on notes, which at this time including interest, amounts to about Two Thousand dollars. To the recovery of these notes, the administrator of my son Samuel interposes the plea of the statute of limitations: So that I receive in judgements only about four hundred dollars. For these reasons it would be doing my other children injustice should I leave any portion of my estate to the heirs of my son Samuel. As their father has already received double the share of any of his sisters. My grand children when they come to maturity will understand the reason of this disposition of the remainder of my estate. Any claim, demand, book account or judgements against my son Samuel's Estate is to be considered as a part of my personal estate. I do not wish to be understood as releasing the same or any portion of it.
I do hereby name constitute and appoint my sons in law Samuel Van Loon and S. H. Dodson, or the survivor of them, my executors of this my last will and testament.
In testimony whereof I have herunto set my hand and seal this eighteenth day of August one Thousand eight hundred and fifty one.
Signed sealed published and declared in the presence of us and who signed in the presence of each other
Hendrick B. Wright
Geo. P. Steele
Hendrick B. Wright
W. C. Reynolds
Hendrick B. Wright
Donated by Pat Krivak