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The Will of
Robert Davenport


Will Book "C", p. 292


Last will and testament of Robert Davenport of Plymouth. I Robert Davenport of Plymouth Luzerne County Pennsylvania farmer being of sound mind and disposing memory, do make and publish this my last Will and Testament, hereby revoking all Wills by me at any time heretofore made.

In the first place I order and direct that all my just debts be paid by my Executors out of my personal Estate as soon after my decease as convenient.

Item. To my wife Phebe, I do give and bequeath all of my household property, and the one third part of my personal Estate, after the payment of my debts, absolutely; and the rents issues and profits of the one third part of my real estate during her life. She shall also have the exclusive rights to the use and occupancy of my dwelling house, garden and the one third part of my barn during her life. At her decease, such of the property as I have bequeathed to her shall descend and be enjoyed in the same proportions to my children and their heirs as herin after designated, i.e. such part of it as may not have been disposed of by her.

Item. All the residue and remainder of my estate real and personal - not already devised I do give, devise and bequeath the same, share and share alike, to all my children, or in the event of the death of any one, the children of such deceased child , and their heirs, always excepting the children of my son Samuel, now deceased to whom I do not give any portion of my Estate for reasons hereinafter assigned. - But my daughter Rhoda shall have in addition to her share one hundred and fifty dollars as an out set - and there shall be deducted from the share of Grandchildren, issue of my decease daughter Liva, wife of John Smith one hundred and fifty dollars the value of a lot I give to the said Liva.

In the foregoing devise the children of a deceased child and their heirs, shall be entitled to one share - In the devise as made to my children and their issue - there will be six shares as follows:
one sixth to my daughter Jane married to Sanuel Van Loon & her heirs -
one sixth to my daughter Elizabeth married to John Madden and her heirs.
one sixth to my daughter Lydia married to S. H. Dodson & her heirs -
one sixth to my daughter Sarah married to Andrew Santee and her heirs -
one sixth to my grand children, issue of my deceased daughter Liva, wife of John Smith
and their heirs subject to the deduction heretofore named and
one sixth to my daughter Rhoda Ann and her heirs, with the addition as heretofore named-

The reason why I do not devise any portion of my estate to my son Samuel's children arises from no want of parental feeling, but that during the life of my son Samuel, I made advances to him in cash and property in more than double the share that any one of other children will receive out of my estate when he commenced business as a merchant. I gave him in the way of advancement over Twelve hundred dollars in ready cash, at various times afterwards I loaned him money on notes, which at this time including interest, amounts to about Two Thousand dollars. To the recovery of these notes, the administrator of my son Samuel interposes the plea of the statute of limitations: So that I receive in judgements only about four hundred dollars. For these reasons it would be doing my other children injustice should I leave any portion of my estate to the heirs of my son Samuel. As their father has already received double the share of any of his sisters. My grand children when they come to maturity will understand the reason of this disposition of the remainder of my estate. Any claim, demand, book account or judgements against my son Samuel's Estate is to be considered as a part of my personal estate. I do not wish to be understood as releasing the same or any portion of it.

I do hereby name constitute and appoint my sons in law Samuel Van Loon and S. H. Dodson, or the survivor of them, my executors of this my last will and testament.

In testimony whereof I have herunto set my hand and seal this eighteenth day of August one Thousand eight hundred and fifty one.

Robert Davenport

Signed sealed published and declared in the presence of us and who signed in the presence of each other
Hendrick B. Wright
Geo. P. Steele
Jacob Kutz

CODICIL
January 4, 1854 upon further and careful consideration I do now make this codicil to my last will and testament - In consideration of previous gifts and services rendered to my so in law - John B. Smith and the fact that he is a man of wealth - I revoke the devise to his children - and also children of my daughter Liva - except as to the lot which it is my desire they should have - and I give and devise the share they would be entitled to under my will - excepting the lot referred to share and share alike to the other devises named in my will to wit Jane Van Loon & her heirs: Elizabeth Madden and her heirs: Lydida Dodson & her heirs: Sarah Santee & her heirs: and my daughter Rhoda Ann & her heirs.-
Witness my hand and seal

R. Davenport
Signed published and declared in presence of
Hendrick B. Wright
W. C. Reynolds

CODICIL
February 6, 1857 I, Robert Davenport above named do make and publish this as a further Codicil to this my last will as Testament - I direct that my real Estate shall not be divided until two years after my decease without the consent of my son-in-law Samuel Van Loon-who shall have and enjoy all the same except my dwelling for two years after my decease on paying to the heirs and widow the one third of the proceeds of the same-the taxes to be paid by the widow nd heirs - and after that, the same shall be disposed of as I have directed in my will - the said Samuel to keep up the fences and farm the land in a workmanlike manner. Also having given my daughter Rhoda Ann her outfit. She shall come in equal to the other devises named - excepting always the children of my son Samuel and my daughter Liva.
Witness my hand and seal
Robert Davenport
Done in the presence of
Hendrick B. Wright
Charles Pike


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