Will of Jesse Foster, 9 Oct. 1828

In the name of God amen, I Jesse Foster of the Bourbon County being of sound and disposing memory but of weak health do make and establish this my last will and Testament, as follows, viz. in the first place it is my will and ? that all my past debts are paid and that all my estate of every ? be divided amongst my wife Patsy….following children, viz. George, Hubble, Fanny, Asa, Nancy, Elizabeth, Wharton, and children of my son Nathaniel, giving to each an equal portion, except that I wish my son Asa to have one hundred dollars more than an equal portion and one years schooling, and I wish Nathaniel’s children to have no more than what would have been their father’s portion and I wish, Elizabeth and Wharton to have one hundred dollars less than an equal portion than the others of my aforementioned legators.  To my daughters Philadelphia Penn I give nothing because they have already received by way of advancement a full child’share.  It is my will that my Executor having after named shall have the portion which aforementioned part of my Estate both ….and balance which I have devised above to the children of my dec. son Nathaniel, in trust for their benefit until respectively become of age, and that they or des. to have respective shares of said when they respectively come to the age of twenty one and I leave to the discretion of my Executor to convert the property into money or not, as they do, to lend the money saving the money of said children to safe persons, and the Ex may reserve both principal and Interest in hand until the children come of age or a portion at their discretion, during  Maturity for their support.  In the foregoing part will I have given to my present wife Patsy a portion which is intended to be a full ninth of my estate, both real and personal.  Also to Beth and Wharton, the two children which I had by her I have given above a portion less by one hundred dollars than one ninth said Estate.  Is my will that my Said ? shall after my decease …to take said (property?) in lieu of dower or the provision which the law makes for widows, that the portions given Elizabeth and Wharton shall in that ? amongst my other legatees, to wit: George, Fanny, and Nancy, to each one fifth the remaining one sixth to the children of Nathaniel, and the other five are my children by my former (cut off).  The last devise to Nathaniel’s children subject to like regulations in the portion to them in the first plan.  It is also my (wish) if my wife should claim the provisions the law makes for widows that the….ninth…..given to her shall be the same ….as in that wasn’t…..,,,with respect to Elizabeth and Wharton…to give my widow aforementioned….wife….question of said provision to such as may be curious to know I assign as the reason that before my marriage with my present wife she accepted a willingness to accept of a child’s part in case she should be the longest liver, and my Estate has received but little added to by my marriage with her and one third is too large a share to be received by her if her children should be equal sharers in the remainder.  Lastly, I make and constitute my Sons George Foster and Hubble Foster Executors of this my last Will and Testament, hereby revoking all former wills, repasts of wills or …. By me hereto fore made.  In Testimony whereof I do hereby inscribe my name and affix my seal this 9^th day of October 1828.  Signed: Jesse Foster

Teste: T. Foster, Wm. Amergies (?) (Note from Adrienne: This could very possibly be Thomas Foster of Bourbon KY, since he didn’t die until 1830)

Family of Jesse Foster:

1^st wife not named in will

Sons: George, Hubble, Asa, Nathaniel (dec.)

Daughters: Philadelphia, Nancy, Fanny (Jenny?)

Children of Jesse and 2^nd wife Patsy: Elizabeth and Wharton

Children of Nathaniel Foster:  unnamed, but possibly Josiah? Asa Jr?

Bourbon County Marriage records say Jesse Foster married Patsy Jones.

Mason County Deed Book 1, A-L Abstracts
Records compiled and contributed by 'Kari' KNort21285@aol.com

NOT necessarily in chronological order.

SAMPLE DEED This indenture made 14 July 1798 between Jessy Foster of the county of Mason and Commonwealth of Kentucky, of the one part, and Drury Ragsdale and James Threlkeld of the same place of the other part.

Witnesseth that the said Jessy Foster for and in consideration of the sum of one hundred and fifty pounds current money of Kentucky to him paid by the said Dreury Ragsdale and James Threlkeld, hath granted, bargained and sold . . . all that part of a tract of land hereafter described, it being part of a survey of thirty thousand acres patented in the name of Anthony Thornton situated in the county of Mason on the waters of the north fork of Licking River.

Beginning for said part at two hickory trees and a sugar tree standing in Captain Philip Buckner's north line and running from thence three hundred poles to a white oak and two dogwoods standing at Kenton's . . . together with all buildings, improvements . . .

Signed sealed and delivered in presence of . . .

Henry Briece DV Paine Charles
Signed Jessy Foster

The above deed appears in the abstract book as:

378  14 July 1798 Jessy Foster of Mason co (GRANTOR) AND Drury Ragsdale and James Threlkeld of Mason co (GRANTEE) Tr: Sale of land in Mason co (TRANSACTION) Desc: Part of Anthony Thornton survey, by Captain Philip Buckner, and Kenton's corner to Richard McKinley. (DESCRIPTION) Wt: Henry Briece, DV Paine, Charles Ford (WITNESSES) Clerk: Francis Taylor (CLERK OF COURT)

MASON COUNTY MARRIAGES http://kykinfolk.com/mason/bk1groom.html:

29 November 1797 William Shropshire married Betsy Foster, daughter of Jeremiah Foster: “My daughter Betsy Foster has consent to marry William Shropshire therefore I desire you to deliver the marriage license.  Signed: Jeremiah Foster

Bondsman: Jesse Foster

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