Will: William McDowell Fogle, 1895: Casey County, Kentucky



Contributed for use in USGenWeb Archives by David C. Fogle, dcfogle43@yahoo.com

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Will of William McDowell Fogle [eldest son of Robert Hammett Fogle]: 

McDowell Fogle deceased Will 

In pursuance of a previously fixed purpose of mind, I McDowell Fogle of Sound mind and 
disposing memory do make and with my own hand write and publish this my will and testament
1st Should my wife Martha J. Fogle Survive me all of my real estate of every kind I give 
her during her life, all of my personal estate I give her absolutely to dispose of as she 
pleases
2nd After my aforesaid Wife's death all of my lands laying on the North side of Green River 
known as the Rife Murphy lands, the Milt Woods place and 60 acres of timber land on Locust 
branch I give to the five children of my first wife, the Widow and children of my Son 
William taking his one fifth of Same The Said lands to be held and disposed of by them 
according to the Kentucky laws of decent and distribution.
3rd I reserve and give to any of my children that may own, cultivate or have cultivated 
the 30 acres of land my wife bought of David Murphy a convenient passway to and from said 
30 acres of land to cultivate the same and Secure the crop thereon raised over the aforesaid
Riffe Murphy Murphy lands.
4th All the remainder of my lands after the death of my wife I give to her six children to 
be held and disposed of by them according - the laws of decent and distribution of Kentucky 
Subject to the following limitation and encumbrance to wit: My home farm consisting of 
several boundaries is not to be sold or divided without the free consent of my Daughter 
Lizzie Fogle but the same is to be kept and used as the joint property of the said six 
children encumbered as follows. In addition to an equal Share of one Sixth of the rents 
and profits of My home farm my Daughter Lizzie at any time She wishes to do so has the 
right to occupy free of rent the upper and lower east rooms in the dwelling house in which 
I now live the right to pass to and from same to use so much of the out buildings barn yard 
and garden as She may think necessary for her comfort and convenience. The lands I have 
given to my six children by my present wife I designate as my home farm and the Several 
boundaries attached thereto my land on Walnut Ridge and my land on the trace fork. Should 
any of the Six children die without leaving children then their part of Said lands is to 
go to the Survivors of the Six and in the Same way and under like limitations, the lands 
given to the five children of my first wife are to be held and decend to their survivors, 
one Set of children is not to inherit from the other Set of children but the Survivors of 
each Set of children is to have the shares of his or her deceased full Brother or Sister. 
I appoint as the executors of this my Will my wife Martha J. Fogle, My Son Jesse E. Fogle 
and my Son James C. Fogle who are not to be required to give any bond where they or either 
of them qualify as executors of this my Will, Written entirely by me and with my own hand. 
Signed this 17" of December 1895.
McDowell Fogle 

Codicile: The limitations and encumbrances mentioned in the 4" paragraph of this My Will 
for the benefit of my daughter Lizzie Fogle is upon the condition She remains Single. 
Should She marry, then they cease and become null. The object of them being that She should 
not want for a comfortable home while She lives and remains Single.
March 27" 1896.
McDowell Fogle 

No. 2: I revoke So much of My Will as makes my Son Robert B. Fogle a diviser of my estate 
leaving the remainder of Said Will with its limitations in full force, the estate given by 
My Will to the Six children of my present wife, I now give to the five following children 
of hers to wit: James, Lizzie, Lena, Edgar and Preston, leaving out My Son Robert B. Fogle 
who is to have no part of my estate, wherever the word Six is used in Said Will in 
reference to my present Wifes children I now change to five. Should My Son Robert B. 
Fogle be returned from the insane assylum permanantly and thoroughly cured of insanity the 
said five children with the aid of such other means as my Son Robert may have and his own 
reasonable exertions, are to furnish him with comfortable lodging, foods, clothing, nurse 
and medical attention when sick so long as he lives and after death decently bury him in 
the family grave yard on his Mother's farm in Casey County and place neat and proper slabs 
at his grave to mark the place of his burial.
Written and signed by my own hand this 16" day of May 1901
McDowell Fogle