Wills: James Fouch 1844

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 7 th 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 7 th June AD 1850

Sept 10 th 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(?) 7 th 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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