Descendants of Captain Arthur Fenner
Will of Daniel Abbott
In the name of God Amen I Daniel Abbott of Providence in the county of Providence and colony of Rhode Island & ct. Esq, being grown, aged and infirm, but of save mind and disposing memory, blessed be God and considering my mortality, and the uncertainty of human life, do make and ordain this my last will and testament, in manner and form following. That is to say principally and first of all I commend my soul to Almighty God who gave it. And my body to the earth, to be decently interred at the discretion of executors hereafter named, and all the worldly estate God hath bestowed upon me in this life, I give & dispose of as follows, that is to say…imprimis. My will is that all my just debts, and funeral expenses be first punctually paid by my executors…
ITEM—I give and devise unto my nephew, Thomas Fenner all the rents that shall arise on my farm, lying in said Providence, near the town and now in the occupation of James Hoyle, for his support and maintenance during the term of his natural life, and to be paid him annually by my executors, to whom specially I give the sole authority of letting the same from time to time for his use and benefit.
ITEM—I give unto my executors a plenary and indefeasible power and authority to sell and convey by authentic deed or deeds with warranty, such and so much of my out lands as they find necessary for the payment of my just debts, if my personal estate shall prove insufficient for that purpose, and to appropriate the money arising by the sale in the most advantageous manner to the above said purpose. Always excepting out of the power above delegated to my executors the following lands as well as my homestead, [namely], my aforesaid farm the rents whereof I have given to my nephew Thomas Fenner also the farm whereon Andrew Knox dwelt, lying partly in Johnston partly in Cranston, and all my farms lying the township of Scituate called Parker farms, all which lands I hereby prohibit my executors to sell.
ITEM—After all my just debts are fully paid by the provision. I have made for that purpose as above expressed. I give and devise unto my cousins, namely Abbot Fenner, and Antram Fenner, sons of my said nephew, Thomas Fenner; to Samuel Fenner, Daniel Fenner, sons of my nephew Daniel Fenner; to William Fenner and Stephen Fenner, sons of my nephew William Fenner—and to Jabez Bowen and Oliver Bowen, sons of niece Mary Bowen, all my house, lands and tenement and real estate whatsoever and wheresoever found to be equally, respect being had to quantity and quality, divided amongst them, and to be and remain unto them respectively, their heirs and assigns forever, under the payments conditions, and limitations hereafter specified, [for example],
• 1st: My will is, that my farm assigned for the support of my nephew Thomas, be not divided among my devisees, during the said Thomas’s natural life.
• 2nd: My will is that Samuel Fenner, aforesaid being of age may, presently, after my decease, enter upon his estate herein given him he paying unto my executors the sum of one thousand pounds old tenor, to be by them applied towards the redemption of my nephew Daniel Fenner’s lands, mortgaged to Doctor Ephraim Bowen of said Providence.
• 3rd: My will is that said cousins Jabez Bowen enter on their said estates as they severally attain the age of twenty one years—the said Jabez paying or giving security to pay with interest, the sum of one thousand pounds old tenor, to my executors to be by them appropriated to the redemption of the aforesaid lands of Daniel Fenner as soon as the same can be conveniently done.
• 4th: My will, specially is, that if other of my two cousins, Jabez Bowen or Oliver Bowen, shall die without lawful issue, that the other of them shall inherit the part of the deceased, but if both of them die without such legitimate issue that then both their dividends in my estate, however modified, devolve on, and I hereby give the same to be equally divided among my afore named cousins, and to be and remain to them in fee—simple forever.
• 5th: My will that my said cousins—Abbot Fenner, Antram Fenner, Daniel Fenner, Thomas Fenner, William Fenner—shall not enter upon their respective estates herein given them until the completion and expiration of ten full years from the date of these presents that my executors shall let and manage their parts, and out of the rents arising therefrom pay unto each and every of the daughters of my aforesaid three nephews, Thomas, Daniel, and William Fenner, however named, one hundred pounds old tenor money apiece or currency equivalent according as they shall be enabled by their receipts, and the circumstances of said legatees require in their judgement, and the remainder of said rents, be by my said executors—applied to the fencing, clearing, and subduing of their lands, and repairing the houses on them erected.
Lastly, my will is that if my said cousins, Samuel Fenner and Jabez Bowen or either of them refuse to pay, or give good security to pay the thousand apiece above enjoined them, the entry of him who refuses shall be stopped, and my executors shall receive, and take the rents of his divisible part, until the aforesaid thousand pounds be raised out of the rents of it , for the use abovesaid.
ITEM—I constitute appoint and make my said cousin Jabez Bowen and my good friend Darius Sessions of said Providence shopkeeper, joint executors of this my last will and testament. And I do hereby utterly revoke, disannul, and disallow all former and other wills, testaments, legacies, and devises by me heretofore made, given, or devised, ratifying and confirming this and no other as my last will and testament, in testimony whereof, I have hereunto set my hand an seal the second day of July in the thirty fourth year of his majesty’s reign George the Second King of Great Britain, and in the year of our Lord one thousand seven hundred and sixty.
Signed, sealed, published, pronounced, and declared by the said Daniel Abbot as his last will and testament in presence of us.
At a town council held at Providence on the 17th day of November AD 1760 Daniel Jenckes, James Angell, and George Taylor personally appeared and declared upon oath, that they saw the testator Daniel Abbot sign, seal publish, pronounce, and declare that the afore written instrument to be his last will and testament, and that he was then in his perfect mind and memory, and that they in his presence subscribed their names as witnesses thereto, and Jabez Bowen, and Darius Sessions, namely executors in said will, appeared and accepted of said trust, wherein, said will was by said council approved, accepted, and allowed.
Test. James Angell, council clerk
Revised will of Daniel Abbott
Recorded ye 21st day of Nov. 1760. James Angell, clerk. Be it known unto all men by these presents that whereas I Daniel Abbot of Providence in the county of Providence and colony of Rhode Island & in New England have made and declared and published my last will in writing, bearing the date the second day of July, in the year of our Lord one thousand seven hundred and sixty—now I the said Daniel Abbot do by this present codicil, republish, ratify and confirm my said last will and testament, with such alterations therein, as are in these presents specified and made, €specifically›, whereas in a paragraph of my said last will are these words—
• 5th: My will is that my said cousins Abbot Fenner, Antram Fenner, Daniel Fenner, Thomas Fenner, and Stephen Fenner, shall not enter upon their estates herein given them until the completion and expiration of ten full years from the date of those presents that my executors shall let and manage their parts, and out of the rents arising therefrom pay unto each and every of the daughters of my aforesaid three nephews, Thomas, Daniel, and William Fenner, however named one hundred pounds old tenor money apiece, or currency equivalent according as they shall be enabled by their receipts, and the circumstances of said legatees require, in their my said executor’s judgements and the remainder of said rents be by my said executors applied to the fencing clearing and subduing of their lands and repairing of the houses on them erected.
But now upon a more mature deliberation and recollection judging that the provision or fund I have made and in my so last will provided for the payment of my debts, may not be sufficient for that purpose. I do by these presents, ratify and confirm the power and authority delegated to my executors, in the above paragraph for the time therein limited, but with this difference that the rents arising out of the lands therein mentioned shall be by them, wholly applied to the payment of my debts together with the other, provision by me, in my said last will, made for that purpose, in the most in the most advantageous manner until the whole or all my debts be paid unless in the meantime it should be necessary to lay out some part of said rents in repairing the houses on said lands which my said executors are required to do, to prevent dilapidations. And my will further is that after all my debts are fully paid and discharged, the money legacies, in my said last will give to the daughters of my said three nephews. Thomas, Daniel, and William Fenner shall be fully paid out of the residuum left of the whole and for payments of my debts, provided for both in my said last will, and also in this schedule, but if the said residuum should not be sufficient for that end, they shall then take and have an equal average thereof, in lieu of their whole legacy, but if it should prove sufficient for the full discharge of said money legacies, and anything should remain over such remainder I give unto my aforesaid cousins the rents of those lands, be me to them devised as aforesaid—have been set apart for ten years towards the payment of my debts, as is herein above expressed. And my will and meaning is that this codicil or schedule be annexed to, and adjudged to be part and parcel of my sad last will referred to and that all things herein contained, and mentioned shall faithfully and truly performed, as fully and amply in every respect as if the same were declared and set down in my last will and testament.
In witness whereof I hereunto set my hand and seal the fifteenth day of September in the year of our Lord one thousand seven hundred and sixty—
Signed, sealed, published, and declared by the testator, Daniel Abbot as his last will and testament in presence of us.
At a town council held at Providence on the 17th day of November 1760 Daniel Jenckes, James Angell, and George Taylor personally appeared and declared upon oath, that they saw the testator Daniel Abbot sign, seal publish, pronounce, and declare that the afore written instrument to be his last will and testament, and that he was then in his perfect mind and memory, and that they in his presence subscribed their names as witnesses thereto, whereupon the aforewritten instrument was adjudged to be part and parcel of the aforesaid Daniel Abbot’s will, and was by said council approved accepted and allowed as such.
Test. James Angell, council clerk
Recorded ye 21st day of Nov. 1760, James Angell, council clerk.
Whereas Daniel Abbot of Providence in the county of Providence in the colony of Rhode Island, who departed this life 7th day of November AD 1760, testate, and did name ordain and appoint Jabez Bowen, Jr. and Darius Sessions shopkeeper both of said Providence executors to his last will and testament who have accepted of said trust and proved said will.
These are therefore in his majesty’s name George the second King of Great Britain to authorize you the said Jabez Bowen and Darius Sessions to take into your clear possession and custody all and singular the goods, chattels, rights, and credits, that belonged to the said Daniel Abbot at the time of his decease and on the same fully administer according to law in order to pay debts and legacies, and fully perform said will, and render a just and true account of your administration when legally called thereunto—
Given at a town council held at Providence on the seventeenth day of November AD 1760. And in the 34th year of his said majesty’s reign.
Signed and sealed by order and in behalf of the council of James Angell, council clerk.