Name: John SHAWHAN

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Birth: October 23, 1771 Hampshire County, Virginia

Death: April 5, 1845 Bourbon County, Kentucky Age: 73

Burial: John Shawhan Family Cemetery, Bourbon County, Kentucky1

Occupation: Farmer

Religion: Presbyterian

Father: Daniel SHAWHAN Jr. (1738-1791)

Mother: Margaret Fry BELL (1742->1830)

Will of John Shawhan, Paris, Bourbon County, Kentucky[1]

"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.

"Item 1st--When life is no more with me I commend my sole (sic) to Almighty God that gave it and my body to be decently buried.

"2nd--After my Decease I wish all debts to be punctually paid.

"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.

"Furthermore I wish and desire my daughter Susan Allison to have my home here with her Mother in the same way she has heretofore with me as long as she remain single, free of any charge.

"Furthermore I wish my Executor to finish a wall that I have begun around the Graveyard and it is my wish and desire that in all sales, transfers, or change of hands or property, the said Graveyard shall be reserved from Sale or from any other use other than a burying ground.

"Furthermore and lastly, I appoint my son Daniel Shawhan, my Executor of this my last will and testament, Given under my hand and seal this 7th day of Mar 1845."

--John Shawhan

Attest:

Joseph Shawhan

P.B. Furthermore on reflection I have thought it proper to name in addition to the above that it is my wish as I have full confidence in my son Daniel, that he shall not be bound to give security on the administration on my estate this haveing (sic) always for sometime back been my intention but omitted letting it until it was closed but thought of it immediately afterwards, And it is my wish and desire, that it shall have the same affect annext here below as if it was in the above body of my will I also have set my hand and seal this 7th March 1845. John Shawhan (seal)

attest

Joseph Shawhan, Sr.

Sam,l Ewalt

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 (?)

Spouses

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1: Margaret "Peggy" McCUNE

Birth: May 20, 1775 Squirrel Hill, Pennsylvania

Death: March 24, 1857 Harrison County, Kentucky Age: 81

Burial: John Shawhan Family Cemetery, Bourbon County, Kentucky1

Father: William McCUNE (1750-1830)

Mother: Elizabeth McCLINTOCK (?) (ca1738-ca1812)

Margaret Shawhan Will[2]

In the name of God Amen. I Margaret Shawhan of the County of Bourbon and State of Kentucky, do hereby make and Constitute this my last Will and Testament.

Item 1st. When life is no more with me I wish my body to be decently buried and all my funeral expenses paid and also all my just debts if any there be, to be punctually paid which I know at this time is very few and none of magnitude.

Item 2nd. Whereas my husband John Shawhan deceased, did by will leave and give to me the use and benefit the whole of his land and negroes during my lifetime or so long as I remained his widow to have the whole benefit of the said land and negroes and all his personal Estate, and as I have managed so as I think there will be something left to which I have made off of the place and negroes since the death of my husband, which consists of cash notes and personal property--and I do hereby dispose of the whole of my Estate in the following manner, to wit: I give and bequeth to my Grandson John Shawhan who is the son of my son Jos. Shawhan deceased fifty dollars. And the balance of my Estate whatever it may be equally divided amongst my Children and Grand Children as here named. Daniel Shawhan, Wm. M. Shawhan, John L. Shawhan and Elizabeth Smith, Margaret Redding (sic), Nancy Rush, and whereas my Daughter Susan Allison has three daughters, and whereas I believe my daughter Susan has disposed of her property by will or deed of conveyance and cut off her two oldest daughters with a very small portion of her estate, as I have been informed, therefore I give and bequeth unto my daughter Susan ten dollars. The balance of the one seventh part of my Estate I give to my two Grand daughters, namely, Amanda Smith and Margaret Hinkson who is the daughters of Susan Allison, to be equally divided between the above named Amanda Smith and Margaret Hinkson. That is they are to have one seventh part of my Estate after the ten dollars which I have given daughter Susan is taken from the seventh part of whatever it may be, the remainder I give to my two above named grand daughters--And furthermore I appoint my friend and brother-in-law Jos Shawhan my Executor of this my last Will and Testament.

Given under my hand and seal this 29th day of March 1855,

att

Jno. L. Shawhan

Henry Ewalt

Margaret (her mark) Shawhan (seal)

Bourbon County Court April Term, April 6th 1857.

This last Will and Testament of Margaret Shawhan dec’d was this day produced and proved in open court by the oath of John L. Shawhan and Henry C. Ewalt. Attesting witnesses thereto having been sworn by Jos. Shawhan the Executor therein named is ordered to record. Witness H.J. Brown Clerk of said Court the date above. H.J. Brown Clerk

Sources

[1] “Will of John Shawhan,” Will Book M--pp. 291-292, Bourbon County Court House, Paris, Kentucky.

[2] M. Shawhan Will, Bourbon County, Kentucky Will Book P. pp. 638-639.

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Last Modified: January 9, 2001

Created: February 23, 2003