The Will of John C. Fowler

Locating documents to verify life events is an important part of family research. Even when one is lucky enough to find a birth or death certificate, finding other supporting sources is beneficial. Records for my ancestor John C. Fowler can be found in the Monongalia County courthouse in West Virginia. These documents, especially those concerning his death, have provided significant information about John and his family.

John’s death was listed in the Monongalia County’s death registry and his wife Hannah was the informant. However, John’s death date of Nov. 30, 1868 in the registry cannot be correct. John also wrote a will dated January of 1863 and the same day he decided to include a short codicil, or addition to the will for clarification of several items. His will entered probate on Nov. 9, 1868, proving he had died before the 9th. The date on the registry may be the date it was recorded, but he likely died the first week of November. Other documents, or even a gravestone might provide his actual death date.

When John crafted his last will and testament he was about 73 years old, an age when most recognize their mortality. Often noted by genealogists, executors and witnesses were close family friends or relatives. He named William Robison and William W. John as executors, trusting them to manage his estate after his decease “as they think best for the welfare [sic] of the family.” In his first codicil, John requested that the executors be paid a reasonable compensation for their work. Levi Britt and Isaac Conn were the witnesses. The connections have not yet been established for these men, but Isaac probably was a maternal cousin.

Mentioned first in the will was his wife Hannah. John laid out provisions that she and her children should be supported by profits from the farm in his estate; she would have to rely on the executors for her care. John must have valued education, as he directed Hannah to school his children with some of the money left to her. John also stipulated in his codicil that Hannah would only receive the benefits of his estate as long as she remained his widow; if she remarried her share in the farm proceeds would cease.

Next named as heirs were the first set of children to his wife Martha who died in 1853, namely: Ruth Hayden, Catharine, Mary Lyons, Hannah Jenkins, Caleb, Asa, John P. Shedrick, Richard and Martha Gans. The will established who the daughters married but Catharine remained single. Two children, Hannah and John died before the will was drafted; John Sr. mentioned his grandchildren William and John Jenkins, sons of Hannah, and then Callendine (known to family as Caleb), Hannah, Charles, Catharine, Simeon and Asa, children to John Jr., which provided evidence of the next generation of Fowlers.

John differentiated his children with Hannah as being the “second set.” Listed are Susan, David James, Joshua G. and Jacob. Oddly, the word “living” was written after Susan. I wonder if the recorder misplaced this word and it should have read “the second set of children living” before Hannah’s children were listed.

Reviewing John’s will there might be clues as to how he regarded his children. As mentioned above, he wanted his children to have some schooling. In the codicil he instructed Hannah to have his sons put to the trades at age 17. Like any father, he wished his sons to be able to make their way in the world, although it was not clear if money from the farm was to assist them in this pursuit. He chose to support his minor daughters until they were 18, at which time they had to take care of themselves. His unmarried daughter Catharine was an exception.

When her father died, Catharine was over 50 years of age and a few years older than her stepmother Hannah. John stated that as long as Hannah lived, Catharine would be provided for as well. Most likely Catharine lived with Hannah on the farm. In his first codicil John compensated Catharine for “her cervice [sic] taken care of my mother when sick” and bequeathed her a bed with bedding, a clock and a chest.

First codicil of John C. Fowler

John’s mother, Lydia Conn Fowler, had inherited property in PA from her father George Conn’s estate with a stipulation that the land would go to John when Lydia died. According to the tax records, the Fowlers left that land and moved across the border to Virginia where they settled. Lydia was a widow and lived with her son John in the 1850 census; she died sometime in that following decade. Exactly when Lydia died has not been determined as no death record has been found for her. Perhaps Lydia died closer to 1860 and this prompted John to give his daughter additional items for the care of her grandmother.

At Hannah’s death the farm was to be sold and equally distributed among the children. But John called out a few of his children in the will. Shedrick, who lived on a part of the farm, was given his share of the estate in the land where he resided. Caleb was to get an additional $25 out of the proceeds. Clearly John wanted these sons to have special consideration. However, Asa was to get only $5 and nothing more. Although no details were given, it appeared Asa had some falling out with his father. Five years after writing the initial will, John wrote his second codicil in September 1868. Here he instructed that Asa should receive the same share as his other children, rather than just $5; whatever issue was between them apparently was resolved.

Not everyone writes a will, but when one is found it can provide information about the family being researched. Fortunately, my ancestor John Fowler created such an instrument. His will is simple, straightforward and demonstrates his intent to care for his family after his death. It assists with documenting his children and the identification of each child’s mother was clear with two lists. It also confirmed his daughters’ married names, and mentioned an additional generation of heirs for his deceased children. Other instruments, such as a distribution list, and inventory of the estate might shed additional light, but even without those, John’s will is a valuable document for the Fowler family tree.

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