Kent County, Delaware - Will: Samuel Graham ************************************************************************ USGENWEB ARCHIVES NOTICE: These electronic pages may NOT be reproduced in any format for profit or presentation by any other organization or persons. Persons or organizations desiring to use this material, must obtain the written consent of the contributor, or the legal representative of the submitter, and contact the listed USGenWeb archivist with proof of this consent. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. Contributed for use in USGenWeb Archives by: Jerri Burket: February 16, 2002 ************************************************************************ DE 1832 Probate for Samuel Graham A statement showing the amts received fro the years 1832 & 1833 from the Lands late of Samuel Graham deceased, by Louisa Graham his widow & executrix and the guardian of his children and by the said Louisa Graham & Shadrach Raughley after their intermarriage, and showing also the apportionment of the said rents among the widow and children of the said Samuel Graham deceased. The aforesaid Samuel Graham died on the 6th day of May 1832, having duly made and executed his last will and testament bearing date the 27th day of December 1831, and leaving to survive him his widow, the aforenamed Louisa Graham and four children namely Robert E. Graham, Edmond P. Graham, John G. Graham and Elizabeth T. Graham, all of whom are now alive; the said last will and testament of the said Samuel Graham dec'd was duly proved and allowed before and by he Register of Kent County on the 26th day of May 1832 and on the same day letters testamentary thereon were granted to the said Louisa Graham the widow of the said testator and the sole executrix named in the said will, and the said will is recorded in Book Q, fol. 205 & 6. On the 3rd day of December 1832 the said Louisa Graham appeared voluntarily in the Orphans Court in and for Kent County and renounced all claim and interest under the will of her said deceased husband and elected to take her dower according to law. (see Orphans Court Record Book, M 174). On the 27th day of March 1833, the said Louisa Graham was appointed the guardian of all the aforenamed children of the said Samuel Graham deceased by the Orphans Court of Kent County. On the 5th day of September 1833 she intermarried with and is now the wife of said Shadrach Raughley. The aforesaid Samuel Graham did by his said last will and testament among other things, give to his said wife the aforesaid Louisa Graham one third part of his real and personal estate during her life, and he also gave her the remaining two thirds of his real and personal estate until his youngest child should arrive to the age of twenty one years, if she should not marry again after his decease, for the purpose of raising and schooling such of his children as would be to be raised and schooled, clear of any charge to them, but if she his said wife, should marry after his decease, then she should have no more of his estate than the thirds first willed to her as aforesaid and his children severally should have the liberty of choosing guardians as the law directs; he then gave all his Lands, in separate and distinct parcels, severally and respectively, to his aforesaid three sons at the time his youngest child should arrive to the age of twenty one years or when his said wife should marry; he then gave to his daughter, the aforesaid Elizabeth T. Graham, all his personal property or the amount of it at his decease, at the time his youngest child should arrive at the age of twenty one years, or when his wife should marry, if it should amount to eight hundred dollars, if not for the said sum to be made up out of the rents and interest of his real estate that he had willed in proportion to the value of the farms in such a sum or sums as will not take all the rents yearly or as his sons should be able to pay or spare every year: The said Elizabeth T. Graham was the youngest child of the said Samuel Graham and she was not a year old at the time of the death of her said father: The said Louisa Graham, the widow of the said testator, refused to abide by the will as above stated and intermarried as aforesaid with the said Shadrach Raughley on the 5th day of September 1833: From the time therefore of the death of the said testator till the marriage of the said Louisa Graham his widow, that is form the 6th day of May 1832 till the 5th day of September 1833, the property did not pass under the will, but remained as intestate property and the widow and all the children were entitled to their respective interests in the Lands as intestate property, that is, the widow was entitled to one equal third part of the rents and the four children were each respectively entitled to one equal fourth part of the remaining two equal third parts of the said rents; all the rents for the year falling due on the 1st of January 1833 passing in this manner; of the rents falling due on the 1st January 1834, Louisa Graham, as the widow, is entitled to her full equal one third part for the whole year and each child is entitled to one equal fourth part of such proportion of the remaining two equal third parts of the said last mentioned rents falling due as aforesaid on the said 1st day of January 1834 as such proportion will bear, according to the time extending from the 1st of January 1833 till the 5th of September 1833, to the time extending from the 5th of September 1833 till the 1st of January 1834, the proper proportion of the said two thirds for the time from the 1st of January 1833 to the 5th September 1833 belonging equally to the said four children as rents of intestate property and the proportion for the balance of the year from the 5th September to the 1st of January 1834, going to the respective devises under the will.