The Will of
THOMAS DAVENPORT

Will Book "A", p. 131

 

Be it remembered that Thomas Davenport of the township of Plymouth in the county of Luzerne being weak in body but of sound mind and memory blessed by God for the same, do make and publish this my last will and testament in the manner and form following, that is to say: First, I order my debts and funeral expenses to be paid. I give and devise to my six sons viz: John, Thomas, Robert, Samuel, Daniel and Stephen all my lands situated in the township of Plymouth aforesaid the houses buildings improvements and improvements and appurtenances thereunto belonging or in anywise appertaining, together with all my other freehold estate to hold to them their heirs assigns forever subject however to the payments and encumbrances hereinafter mentioned to be equally divided between the said John, Thomas, Robert, Samuel, Daniel and Stephen as they may agree to divide the same among themselves but if it should so happen that they cannot agree upon the division, then and in such case they shall each choose one man who shall make the division of said lands agreeably to the intention before mentioned, and it is my will that my several sons shall work the lands & premises aforesaid together for the term of nine years from my decease and support their mother and as heretofore with all things necessary and convenient for such a family, and the surplus profits if said lands shall be equally divided, among my three sons John, Thomas & Robert until my sons Samuel, Daniel and Stephen shall severally arrive at the age of eighteen years, then they shall severally share equally by their other brothers there after in the profits of said lands as they severally arrive at the age of eighteen years aforesaid. Equally when my said son, Samuel is at eighteen years of age he be furnished out of the profits of my said lands with a ? Good horse of about the age of five years and good saddle obn? And my said sons Daniel and Stephen shall be each furnished likewise with such horse saddle and bridle when they shall arrive at eighteen years of age. I also give to my son Stephen at the death of his mother a good feather bed and bedding.

And my will is that my three eldest sons viz: John, Thomas and Robert do pay to my executors hereinafter named severally the sum of one hundred and ninety two dollars at the expiration of four years from my decease and my two sons Samuel and Daniel severally to pay to my executors aforesaid the sum of one hundred and ninety two dollars at the expiration of said time from my decease.

I give to my beloved wife, Charity Davenport one third of my land with the dwelling house in which I now reside and the garden thereunto belonging and the privilege of one half the orchard for apples on my said lands during her life. I also give to my said wife, Charity, all my household goods and furniture of what kind or nature soever during her life. I also give to my wife Charity under care and do ? all my stock of cattle, sheep & service, but it is to be considered that my said sons is to have the free use of my said stock of all denominations and my farming utensils and implements of husbandry during the term of nine years as aforementioned in which they work the lands and premises together as has been done heretofore, but it is my will that the cattle & sheep not be disposed of without the consent and agreement of said wife during the said term.

And it is my will that the value of the said stock and implements of husbandry shall not be depreciated or impaired unless accident during the term aforesaid and at the expiration of nine years as aforesaid I give to my said wife, Charity her choice of cows out of said stock that shall then be and the remainder that there are left and my farming utensils I give to my sons viz: John, Thomas, Robert, Samuel, Daniel and Stephen to be equally divided between them.

And it is further my will that my two youngest daughters Franky, Phebe be made equal to their two other sisters by cows out of the stock of the lands aforesaid and by furniture to be provided for them by their Mother out of my estate or profits thereof. And it is my will that after the death of my said wife aforesaid it is my will that the household furniture left by her be equally divided among my four daughters Elizabeth the wife of Abraham VanLoon, Hannah the wife of Jacob Gould, Frankey the wife of William Craig and Phebe.

And I further will and direct my executors hereinafter named to my daughter Elizabeth VanLoon four years from the time of my decease the interest accruing on two hundred and forty dollars ?ly from the said four years during her life, but if at any time my said daughter Elizabeth should become a widow then and in such case it is my will that my executors do pay to my said daughter, Elizabeth the said sum of two hundred and forty dollars and her interest should cease, but if it should so happen that my said daughter Elizabeth should become infirm and have no maintenance, then it is my will that my sons shall jointly provide her with a home and reasonable maintenance, but it at anytime during her coverture my Executors shall be of opinion it is necessary for the support of my said daughter Elizabeth that she shall have a further support that her interest named in my will is that my executors do pay to my said daughter from time to time so much of the two hundred and forty dollars as to ? May appear right, and at the death of my said daughter Elizabeth the two hundred and forty two dollars above mentioned or the remaining part thereof, if any shall be divided as follows, one half thereof, ? Half thereof I give to my grand daughter Charity daughter of said daughter Elizabeth and the other half to be equally divided among the other children of my said daughter Elizabeth.

It is also my will that my Executors do pay to my daughter Hannah Gould to hundred and forty dollars at he expiration of four years of my decease, and to my daughter Frankey the sum of ninety six dollars at the expiration of four years after the time of my decease and the further sum of one hundred and forty four dollars at the expiration of six years from the time of my decease, and to my daughter Phebe Davenport the sum of two hundred and forty dollars at the expiration of six years from the time of my decease, or if she shall be of the age of eighteen at that time then to be paid to her on her arrival at eighteen years of age.

It is also my will that my sons will find a good horse for their mother to ride whenever she may desire one.

And Lastly I hereby appoint my sons John Davenport, Thomas Davenport and Robert Davenport and my friend Jesse Fell Esq. of WilkesBarre my sole executors of this my last will and testament hereby revoking all former wills by me made, In witness whereof, I have hereunto set my hand and seal this twelfth day of August in he year of our Lord one thousand eight hundred and nine.

Thomas Davenport

 
Signed sealed published and
declared by the above named
Thomas Davenport to be his last
will and testament in the presence
of us who at his request and at
his presence have hereunto subscribed
our names as witnesses to the same
Thomas Lamoreaux
George P. Ransom
James Roberts Jr.

Luzerne County SS:
Be it remembered that on the twentieth of May Anno Domini one thousand eight hundred and twelve before me George Denison, Register for the probate of Wills and granting Letters of Admnistration in and for the county of Luzerne personally came Thomas Lameraux and George P. Ransom and being duly sworn do respectively say that thier names to this instrument subscribed are of their own proper handwriting, that they saw Thomas Davenport the testator therein named sign and seal heard him publish and declare the foregoing Instrument writing as and for his last will and testament, that at the time of doing thereof the said testator was of sound mind & memory and of a disposing understanding to the best of their knowledge and belief, that they signed their names thereto as witnesses at the request and in the presence of the testator and in the presence of each other, and that they saw James Roberts, Jr. also sign the same as a witness in the presence of the testator.
Geo. Denison, Register

In conformity to the following will letter testamentory in granted to John Davenort, Thomas Davenport, Robert Davenport and Jesse Fell Esquire Executors therein named they having first been duly sworn truly to perform the same, exhibit a true inventory and render a just account of their administration. Given under my hand and seal of office at WilkesBarre May twentieth A. D. 1812.
George Denison, Register

Registered May 20th 1812.

 

Donated by Pat Krivak