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Theodocius Wathen Will

Privacy Level: Open (White)
Date: 1 May 1860 to 6 Mar 1862
Location: Union, Kentucky, United Statesmap
Surname/tag: Wathen
This page has been accessed 23 times.


  • 1860 Theodocius Wathen Will. Kentucky, Union County, Will Book F, pp. 73-74, County Court. Digital images 42-43 of 281, FamilySearch ([1]: accessed 17 May 2021)

Will Transcription

in the name of God Amen I Theodocius Wathen of the County of Union & state of Kentucky, being but blessed with a sound mind and memory and calling to mind the great uncertainty of the duration of human life, and to prepare my worldly effects for the coming event of death that awates all mankind. I do make and publish the following as my last will and testament towit First I will my soul to God who give it existence and my body to its mother earth & to receive a christian burial
Second It is my will that after my death that my family be kept together under the care and direction of my beloved wife Susan until such time as my children may arrive at full age and Marry
Third I will and desire that no administration be had or granted on my estate and that my property real personal & mixed remain entire and undisposed of for the use, comfort & support of my family and the raiseing and educating of my younger children and to be under the control and management of my executors hereafter named to be used and applied for that purpose
Fourth I will and desire to my beloved wife Susan all of my estate real personal or mixed during her natural life or widowhood, But if she should hereafter marry it is my will and desire that she then shall have and hold one third part of my estate during her natural life but this devise is to be subject to the the conditions of restrictions hereafter named. Fifth I have given my two oldest sons James & Charles a good education, having had the advantage of a collegiate course, and at a final division of my estate amongst all of my children, is to stand Charged with two hundred dollars and Charles is to stand charged with one hundred & fifty dollars for these advantages. Sixth my two youngest sons Ignatius and Samuel is to be sent to school and advanced in education as far as my tow sons Theadore & Elisha has been educated and on failure of my executors to give them this education they are to receive the sum of fifteen hundred dollars each from my estate over and above my other children when they arrive at the age of twenty one
Seventh my two next youngest sons Wingate and William Thomas. I desire that my executors send them to school untill they be advanced in education as far as my said two sons Theadore & Elisha and in case they shall not receive this advantage they are to receive from my estate the sum of twelve hundred dollars each when they arrive at the age of twenty one which they are to have over what my other children is to receive at the final division of my estate
Eighth When my youngest child arrives at the age of twenty one years a final & equal division of my estate is then to be made & not before between al of my children Towit Eveline, Ann Cambron, James, Charles, Elisha J, Theadore, Julia, William T, Wingate, Ignatius and Samuel A under the restrictions Conditions & exceptions before named
Ninth My daughter Ann has intermarried with Madison Cambron to whom I loaned a negro girl which they now have in possession this I now declare & make known to be a loan and not a gift and said girl is yet part and parcel of my estate but my wife has the right to take possession of her at such time as she pleases and reloan her or put another servant in her stead as she can conveniently spare one
Tenth I do hereby revoke and forever annul all former wills & codicils heretofore made by me. Eleventh I do hereby appoint my beloved wife Susan Wathen Executrix and James Wathen Charles Wathen & Samuel A Wathen my sons executors to this my last will and testament and do not require them or either of them to give security at the probate of this will.
In Testimony of which I have here unto set my hand & seal this first day of May 1860
Theodosius Wathen
Witness Hiram McElroy
William T. Buckman

A Codicil to the foregoing upon mature reflection I have concluded to make a change in the fifth clause in this will in which I have directed that on a final settlement of my estate that my son James is to stand charged with two hundred and fifty dollars and my son Charles is to stand charged with one hundred and fifty dollars, by reason of advantages they have received at my hands in the way of education as therein set forth. I have expended a large sum of money in educating them and to do justice to my other children I now desire & direct that my said two sons James & Charles be charged upon a final settlement of my estate the sum of five hundred dollars each for the said advantages they have received instead of the sums named in said fifth clause of the will I advanced to my daughter Ann wife of Madison Cambron one yellow mare and upon settlement of my estate she is to stand charged with the sum of one hundred dollars for said mare and in case she retains the possession of the negro girl Levinia that I loaned her as named in the foregoing will after my death She is to pay my estate at the rate of forty dollars per year hire for said girls service, but said hire is not to commence until after my death I have appointed my sons James & Charles Wathen two of my executors to my will as they are both of age and perhaps may leave the family shortly and do hereby release them from the trouble of the execution of this will. And I do hereby discharge them from the appointment as executors as state in the eleventh clause of my will I testimony of which I have signed published & proclaimed this codicil to my last will and testament its provisions to be carried out this 10th day of April 1861.
The Wathen
Witness James Onan
Hiram McElroy

At a county court held for Union county at the courthouse thereof on the 4th day of March 1862 This instrument of writing purporting to be the last will and testament & codicil thereto of Theodocius Wathen deceased was proven by the oath of Hiram McElroy a subscribing witness to said will & codicil and at a subsequent term of said court held at the same place on the 6th day of March 1862 said will was further & fully proven by the oath of William T. Buckman the other subscribing witness thereto & the codicil fully proven by the oath of James Onan the other subscribing witness whereupon the same was ordered to be recorded as the last will and testament of said decedant which has been accordingly done
Att Tho. S. Chapman Clk

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