I the name of God. Amen!
I Colbard Fugate of the county of Russell & state of Virginia being sick and weak in body but of sound mind and disposing memory (for which I thank god) and calling to mind the uncertainty of human life, and being desirous to dispose of all such worldly estate as it hath pleased God to bless me with - I give and bequeath the same in manner following, that is to say:
1st. I bequeath to Hannah Fugate my wife the plantation whereon I now live together with my farming utensils and household furniture except such part thereof as is herein otherwise disposed of, my stock of hogs, one sorrell mare called Phillis one three year old colt called the Brafford colt, three milk cows to be choosen by herself and all my slaves also ten head of sheep; all which I give and bequeath to her during her widowhoodfor the maintenance of herself and my infant children Samuel Bracken, Isaac Beverly, Lucinda Clark, and Lydia Drucilla Milford Fugate, If my said wife should hereafter marry then it is my will and desire that she should have the use of my said plantation during her natural life together with every thing above devised to her, except my slaves, which in that event, she is to have no part of.
2d. I have heretofore given to my son Robert Fugate and conveyed to him, the tract of land whereon he lives except a small portion of the purchase money which he paid, in addition to which I give and bequeath to him fifty acres of land adjoining his said plantation, which said 50 acres was purchased by my said son Robert and myself, together with all other property advanced by me to him.
3d. I have given to my son Zachariah Fugate the plantation in Scott County which I purchased of James Gibson Sen. who did not convey the same previous to his death, some of his heirs have conveyed part of it to my said son Zachariah & myself. It is my will and I hereby bequeath to my said son Zachariah the said plantation together with all the other property which I have advanced to him, and desire that a complete conveyance be made to him of the said land by the heirs and representatives of the said Gibson, or if they all not make the said conveyance, that by a suit as ___ he compel them to do so. And this property being more than I desire for the share of my said son Zachariah, I require that he pay to my son Samuel Bracken Fugate within seven years from the date of this my will, five hundred dollars which I leave as a charge on the said land.
4th. I bequeath to my daughter Mary Dorton one hundred dollars in cash, in addition to what I have already advanced to her, and in addition to her equal share with my other children of such devises herein after inserted as shall dispose of any part of my property in that manner.
5th. I bequeath to my son John one hundred acres of land lying on Mocherson Ridgeat the head of Dever's branch and one hundred dollars in cash, in addition to what I have already advanced him, and also in addition to what will be herein after devised to him equally with my other children.
6th. I bequeath to my daughter Edith one grey mare, saddle and bridle which she has now in possession: two good cows being those two called hers. Eight head of sheep: One feather bed and furniture and one hundred dollars in cash in addition to what will be herein after devised to her equally with my other children.
7th. I bequeath to my son Samuel Bracken Fugate five hundred dollars to be paid him as aforesaid by my son Zachariah. Also two cows, one two year old heifer and one yearling one spotted 2 year old colt, a bridle and saddle to be purchased by my executors and to be worth thirty dollars; one feather bed and furniture, and if the said horse dies before my said son attains full age, then I give him one hundred dollars in addition. I also give to my said son Samuel Bracken my negro boy Billy hereby revoking so much of the devise to my wife as as gives the said negro boy Billy to her. I also give to my said son Samuel Bracken the north west quarter of section seven of township four north, in range eight west of the tract of country appropriate for military bounty land in the state of Illinois, which quarter section contains one hundred and sixty acres, and was conveyed to me by Thomas Ja___ and Mary his wife.
8th. I bequeath to my son Isaac Beverly Fugate ___ in the plantation whereon I now live. ___ ___ him in fee simple one third of the said plantation when he attains full age so as such third does not interfere with the buildings thereon. One sorrell mare colt one cow and calf a bridle and saddle worth thirty dollars to be purchased by my executors, one feather bed and furniture. By the plantation whereon I live I mean the tract I first purchased and all others which I have since added to it. and I hereby revoke so much of the devise to my wife as is inconsistant with this devise.
9th. I bequeath to my daughters Lucinda Clark and Lydia Drucilla Melford being my two youngest children four hundred dollars each to be paid by my executors when they the said Lucinda & Lydia severally attain full age: and I desire that my executors should place out this money in safe hands at interest for the use and benefit of my said two daughters.
10th. All my personal estate not herein specifically devised I direct shall be sold by my executors, and the money arrising therefrom, after the payment of just debts and funeral expenses, to be first applied to the payment of the pecuniary legacies herein devised and not otherwise provided for and the residue if any to be equally divided amongst all my children except my sons Robert & Zachariah to whom I have already devised their full proportion of my estate, and all that I intend for them.
11. I desire my executors to sell a small tract of land lying in Scott County, adjoining the lands Samuel Stalliards lived on till his death. and also a tract of land in Russell County called the Crockett place lying on the head of the Drift Timber branch for which I hold Ashur Crocketts bond for title and for which a suit is now pending in the County Court of Chancery at Russell courthouse, and the money arising therefrom to go in aid of the fund created by the 10th devise herein made, and to be applied in the same manner as the money is therein directed to be applied.
12th. I direct my executors or the survivors of them after the lapse of ten years from this date to sell a tract of land of one hundred and sixty acres, lying in the Illinois state being the north east quarter of section twenty three of Township five north in range six west. And I require my said executors to pay the taxes thereon and to do all that ___ ___ to ___ the said land until the time arrives when they are herein directed to sell it. And when sold the money is to be applied as in the 10th devise herein made is directed.
13th. After the death or marriage of my said wife I direct that all my slaves and their issue not herein before specifically devised to any of my children to be equally divided amongst my children except my two sons Robert and Zachariah to whom I have already devised all the portion of my estate that I intend for them.
14. And lastly I herein appoint my father-in-law John Tate and my son Robert Fugate executors of this my last will and testament, hereby revoking all former wills made by me and establishing this to be my last Will and Testament. In witness whereof I have hereunto set my hand and affixed my seal this seventh day of July in the year of our Lord one thousand eight hundred and nineteen.
Colbard Fugate (Seal)
Signed sealed and
published as his last
will and testament
in presence of us
At a superior court of law continued and held for Russell County the 14th day of September 1819.
This instrument of writing was exhibited in court as and for the last Will and Testament of Colbard Fugate deceased, and proven by the oaths of Benjamin Estill & Andrew McHenry the sunscribing witnesses thereto, and ordered to be recorded. And on the motion of John Tate and Robert Fugate executors therein named who took the oath of an executor, and together with James McFarlane and Andrew Caldwell their securites, entered into and acknowledged a bond in the penalty of eight thousand dollars, conditioned as the law directs, certificate is granted them for obtaining probat of the said will in due form.
Teste, James P. Carrell DC