SHAWHAN-KY-1845

Will of John SHAWHAN (1771-1845)
Bourbon County, Kentucky, April 1845

Articles in will pertinent to slavery:

"In the name of God Amen, I, John Shawhan of the County of Bourbon and State of Kentucky, do make, ordain and declare this my last will and testament.

"3rd--After the payment of my debts, I wish all my property to be kept together during wife Margaret Shawhan's natural lifetime and I wish her to have the benefit of the hole (sic) of my land and negroes and all personal estate, as long as she remains my widow.  If she should ever marry again, she is then in that case, restricted to her thirds during her lifetime and at her death, it is my wish that my son Daniel Shawhan shall have the preference of buying my place that I now live on, thought to be 180 acres, at a fair price and I wish him to have five annual payments on it, and I desire it shall not be put at Public Auction without it is Daniel's wish to have it done, I just wish him to have it at a fair price and to make the thing more plain, I here give my reason for wishing him to have it.  I don't wish it to go out of the family and thinking from the present prospect of things at this time he will be better prepared, to buy it than any of my other children and at or after my wife Margaret's death, I wish all negroes and whatever be of my personal estate and the proceeds of the land, equally divided among all my children.  Daniel to have an equal part with all the rest of the children of the hole estate, real and personal and furthermore I wish it understood that whereas I have paid a considerable amount of money for my son Joseph Shawhan to Noah Spears, Hugh (initial) Brent, Calip Morris and Joseph Shawhan, Guardian for Mays (may be "Ways") heirs, and other small debts to dependent persons, which will show on my books, also the notes with what I have applied, where he was principal and I was security with all the interest up so paid by me, I furthermore state that he must account for the above mentioned debts and money paid by me for him on said debts further than up to the time that I paid the debts which will show on the Book and if he should fall behind with my estate and the business is entirely round up, I don't want my Executor or any of the rest of my heirs to compel him to pay anything back to the estate.

"Furthermore it is my wish and desire that if any of my negroes should become turbulent or ungovernable in the family that my Executor shall sell such negro for the best price that can obtain for it or them and account for the money with interest therein or the estate as above mentioned.

At the April term of the County Court of Bourbon County Kentucky on the seventh day of April 1845 this last will and testament of John Shawhan Deceased was produced and proved in open court by the oaths of Joseph Shawhan, Sr. and Sam'l Ewalt the subscribing witnesses thereto is ordered to record, ______Thomas P. Smith Clerk of said Court the date above.

Tho. P. Smith clk

J. M. Smith (?)

Contributed by: darby@visi.net "Bob Francis"