Fayette County Genealogy Project
JAMES FOUCH
Contributed by Kathi Hoon <-nospam-khoon@charter.net> WILL OF JAMES FOUCH In
the name of God Amen I, James Fouch of Fayette County State of
Pennsylvania now reduced to a low state of bodily strength yet being of
sound mind, memory and understanding and considering the uncertainty of
this transitory life have thought fit to make this my last will and
testament in the manner following that is to say first I recommend my
soul into the hands of God and my body I recommend to the earth.
And respecting the worldly estate and effect wherewith it has
pleased God to bless me with I dispose of them in the following manner
that is to say it is my will that my just debts and funeral expenses be
paid by my executors hereinafter named as soon after my decease as
conveniently may be. First I bequeath to my son John Fouch fifty
acres of the lower part of the bottom farm.
Secondly, I bequeath to my son Jeremiah Fouch fifty acres
of the upper part of the bottom farm.
It is to be understood that I have paid my son John for building
a house on the bottom farm and every other debt and he has received of
my estate towards his legacy eighty four dollars which he is to have
without interest till my decease. My
son Jeremiah also has received of my estate sixty dollars towards his
legacy which he is to have without interest till my decease.
Thirdly I bequeath to my son Isaiah Fouch fifty acres of
the lower part of the home farm. My son Isaiah has received sixty
dollars towards his legacy which he is not to pay interest for till my
decease. Fourthly I
bequeath to my daughter Hannah fifty acres of the upper part of
the home farm. My daughter
Hannah has received sixty dollars of my estate towards her legacy which
she is not to pay interest for till my decease.
Fifthly I bequeath to my son George Fouch fifty acres part
of the home farm and part of the McCormick farm and part of the bottom
farm. My son George has
received of my estate one hundred and twenty four dollars towards his
legacy which he is not to pay interest for till my decease.
Sixthly, I bequeath to my son Samuel Fouch fifty acres of
the upper part of the McCormick farm.
My son Samuel has received of my estate sixty dollars towards his
legacy which he is not to pay interest for till my decease.
The above farms that I have bequeathed unto my children it is my
will that they shall pay twenty dollars per acre which the whole amount
will be six thousand dollars it is my will that my beloved wife Sarah
shall have one third of the above amount for her proper(?) use
which will be two thousand dollars to be paid to her equally by all my
children, also it is my will that she shall have the two additional
rooms in the mansion house for her use, and the back stable and meadow(?).
It is my will that all that remains of what I have bequeathed to
my wife shall be equally divided amongst all my children at her death.
It is my will that my son Absalom Fouch shall have one
equal share with all my children after the one third is taken out of the
six thousand dollars which will be four thousand dollars to be equally
divided amongst all my children. It
is my will that my children shall have possession(?) of their
fifty acres of land at my decease as bequeath to them and as surveyed by
Freeman Lewis. It is my
will that my executor shall make deeds for the land that I have
bequeathed to my children. My son Absalom has received of my estate one
hundred sixty four dollars and fifty cents toward his legacy which I
bequeath to him for to make him equal with the other children that has
had land in possession(?). It
is my will that my son Absalom shall have his share of my estate paid to
him in two equal payments of my children after my decease that is to say
the first payment the first year after my decease, and the second
payment the second year, and I do hereby nominate my son Jeremiah Fouch
and Joseph Moser executors of this my last will and testament. In
witness whereof I, James Fouch the testator have hereunto set my hand
and seal the third day of December one thousand eight hundred and forty
four signed, sealed and declared by James Fouch the testator as and for
his last will and testament in the presence of us who at his request and
in his presence and in the presence of each other have sulocinbate(??)
our names as witnesses.
James Fouch (seal) John J. Cover
Fayette County On this 7th day of June AD 1850 before me Joseph
Gadd(?) John Hamer
Reg Seal
Registrar for the probate of wills and granting of letters of Administration in and for said County, came
John J. Cover and John Hamer the subscribing
witnesses to the foregoing instrument of writing purporting to be the
last will and testament of James Fouch late of Fayette County dec and
being affirmed according to law do each depose and say that they were
present and heard the testator James Fouch dec acknowledge and declare
the same to be his last will and testament by asking them to witness the
same such that at the time of so doing he was of sound mind, memory and
understanding to the best of their knowledge and belief, that they know
of no undue influence used or later will made by the testator and that
they signed their names as witnesses thereto in the presence of and at
the request of the testator. In testimony whereof I hereunto set my hand
seal of the Registers Office at Uniontown the day and date above
written.
Joseph Gadd Reg Memo Letter Testamentary
granted to Jeremiah Fouch and Joseph Moser who was duly affirmed 7th
June AD 1850 Sept 10th 1850
Declaration of Sarah Fouch widow of James Fouch dec declining the
provisions of his will in her behalf rr(?) filed with will. Registered
and Compared(?) 7th June AD 1850 Timeline and info: 03 Dec 1844
Date of Will 27 May 1850
James Fouch date of death 07 June 1850
Will Probated 10 Sept 1850
Sarah Fouch Declaration 10 Sept 1873
Sarah Fouch date of death This will does NOT mention
two of his other children who predeceased him: Jacob Fouch d. 1821 and
Lydia Fouch d. 1832
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