Ritchey and I are now citizens of Boyle County, Kentucky! Boxes are still everywhere, but you know I can’t wait to share genealogy bits with you! Since my last post included the photo of Joshua Fry’s gravestone – from Bellevue Cemetery in Danville – I decided to post his will. But, as always with genealogy research, we have to know our dates. Boyle did not become a county until 1842, portions of Mercer and Lincoln counties taken to form the new county. And Mercer is where we find the will of Joshua Fry.
In the will one son, Thomas W. Fry, and four sons-in-law are listed – John Speed, David Bell, John Green and William C. Bullitt. Most of these marriages probably occurred in Mercer County. But, alas, my Mercer County marriage books are still in boxes. Of my seven bookcases I have about one third filled. Also listed is an unnamed sister, grandsons John Green and Joshua F. Bullitt. Also, ‘young friends and guardians’ Eliza Edwards; Martha, Sarah and Nancy Green. Joshua’s wife Peachy is mentioned as deceased. Thomas Fry and the four sons-in-law are made executors. Son Thomas must be in ill health as a Deed of Trust is made for Thomas and his wife and children.
Will of Joshua Fry
Mercer County Wills 1826-1838
Page 598
I, Joshua Fry of Garrard County do make and ordain this my last Will and Testament, hereby revoking all other instruments of the kind.
First. It is my will and desire that my debts be paid as speedily after my decease as practicable and to this my executors are vested with full power over every species of property of which I may die possessed of or entitled to.
Secondly. I give, bequeath and confirm unto my son Thomas W Fry, my sons-in-law John Speed, David Bell, John Green and William C. Bullitt, respectively, and to their respective heirs all and any right and title to the lands and other property put into their hands and of which they are now possessed.
Thirdly. I give and bequeath unto my sister, during her natural life, the slaves Betty and Hannah, now in her possession as also Tucker and Henry.
Fourthly. I give and bequeath unto my executors hereinafter named the following property, viz., all my land in the County of Garrard, together with all the household and other furniture, stock, crops, provisions, farming utensils found there on at my death, as also the following slaves – Toney, his wife Chinda, her present and future offspring. Belinda and her present and future offspring and Isham, together with all the property mentioned in a Deed of Trust of record in the County of Mercer from my son to me except such parts of the foresaid trust property as is herein or may have heretofore been otherwise disposed of, the said property to be held by them in trust for the following uses and purposes, viz., for the comfortable support of my said son John and his wife during their joint lives and the life of the survivor so long as he or she remains single. Their children to be well raised and educated and each on arriving at lawful age or marriage to receive a reasonable advance at the discretion of my Executors who will pay a due regard to the inclination as well as comfort of my said son, John
Page 599
and his wife or the survivor and at the decease of my said son and his wife their children, such as are now or may hereafter be born or the survivors of them shall be entitled to receive the residue of said property in equal proportions to them and their heirs respectively.
Fifthly. I give to my Executors the slaves named in Deed of Trust from John T. Langhorn of record in the county of Garrard to be held by them in trust for the uses therein subscribed.
The children of my son John are hereby assured that the trust created for their benefit has been managed greatly for their advantage and they are expected to acquiesce in all the dispositions that have been or are herein made or that may hereafter be made under the penalty of forfeiting all claims to any benefit from the bequests contained in this instrument which shall in such case accrue to the advantage of my other residuary legatees. Nor are they to call on my executors to account for any of my acts or doings concerning the premises under this penalty.
Sixth. I give and bequeath the following legacies, viz., to my grandsons John Green and Joshua F. Bullitt, the sum of one hundred dollars each with compound interest to be compounded from the first day of January 1821. To my young friend and guardians and pupils, Eliza Edwards , Martha and Sarah Green each, that survives, one half a dozen silver spoons, the letters A.D. to be engraved on the handles and to their sister Nancy a plain gold watch to cost not less than two hundred nor more than two hundred and fifty dollars.
Lastly I do hereby appoint my son Thomas W. Fry, my sons-in-law John Speed, David Bell, John Green and William C. Bullitt, Executors of this my last Will and Testament, written and signed with my own hand, with a hope that all will qualify and appoint one or more to act and to enable them the more efficiently to carry into effect all the dispositions herein made. They are invested with all the powers that I myself possess over every species of property hereby devised. The residue of which is to be divided into six equal parts are of which to go to my Executors for the benefit of the trust created in for of my son John and his family, the other five parts to my son Thomas and my daughters equally or their representatives. I desire my body to be interred as near to that of my departed wife as practicable with as little ceremony, parade or expense as decency will permit and not an article of
Page 600
mourning of any kind be observed or worn on account of my decease. Signed this 28th of August 1824.
Joshua Fry
I do hereby direct this addition to be considered as a codicil to and a part of my last Will and Testament, viz., on mature consideration of the large advances of money heretofore made to my son John and the comfortable position both for him and his family otherwise made in my said will, I have determined in justice to my other legatees to exclude him and his family from all participation in my residuary estate, as also in and to my Negro man Isham and I hereby direct that my residuary estate, including the said Isham, go equally amongst my other five children or their legal representatives where bequests are made in dollar species is to be understood, written and signed with my hand this fifth of September 1824.
Joshua Fry
I do hereby constitute this a codicil of the foregoing will.
Item First. Having sold a Negro woman, Jenny, and her child, part of the trust estate held by me for the benefit of my son John’s family, I hereby, in consideration thereof, reinstate them as a part of my residuary legatees as in the foregoing will expressed and for that purpose revoke the above codicil under date of September 5, 1824.
Item Second. I give to my grandsons William Green and Joshua Fry Bullitt each the sum of three hundred dollars and should either of them die before me or underage, such legacy is to go to his next eldest brother then living.
Item Three. I hereby declare it my intention that Jacob and Mary his wife, as also Henry and Tucker at present in possession of my son Thomas and not given to him but are to constitute a part of my residuary estate after the bequest to my sister shall be satisfied.
Item Fourth. Should either of my children die before me it is my will that the portion bequeathed to such child accrue to the benefit of the legal representatives of him or her.
Item Fifth. The devises to my young friends Elizabeth Edwards, Martha and Nancy Green and to my grandson’s John Green and Joshua Fry Bullitt in the body of my will have been satisfied by me and are therefore resolved.
Signed and published this 18th day of April 1832.
Joshua Fry
Page 601
Mercer County – January County Court 1838
The foregoing last Will and Testament of Joshua Fry, deceased, was this day produced into Court and the handwriting of said decedent being recognized and proved by J. S. Hopkins, Thomas Barbee, William C. Bullitt and John Speed, Jr., was ordered to be recorded.
Attest. Thomas Allin, C.C.
Categories: Old Wills
