FONTAINE WILL - PONTOTOC CO., MS Will of Patrick Henry Fontaine (1775-1852) Contributed by Mary Page Being desirous of making a disposition of my property, I therefore make this my last Will and Testament, hereby revoking all others. My debts must be paid. I think there will be a sufficient fund for doing so in bonds, notes, etc. due to me, if not let my executors sell as much of the perishable property as will be sufficient to do so. I bequeath to my wife Nancy, during her natural life, my Seat known and called "Ridgeway", on which I now live, consisting of various lots and parcels of land, purchased of different persons and at different times, but all lying contiguous. That my said wife Nancy should enjoy and possess all the stock of horses, cattle and hogs, all the household and kitchen furniture, all the farming utensils, and all the growing crop, of every kind, to her proper use and behalf. I also give and bequeath to my said wife Nancy, the following slaves, to wit Jesse, Anthony, Ted, Easter, Grace, Jim and Violet. It is my will and desire that all of the above enumerated property, real and personal, shall be under the control and management of my executors, so that she enjoy the whole and sole benefit thereof. It is further my will and desire that the above mentioned slaves which I have hereby given and bequeathed to my said wife Nancy, during her natural life, shall, at her death, be equally divided among my children. I give and bequeath to my daughter Louisa Winston, wife of Edmund Winston, "Ridgeway" as above described, after the death of my said wife Nancy, with everything appertaining thereto, together with the stock of every kind, farming implements, household and kitchen furniture, crop of every kind which may remain, be on or at "Ridgeway" at the decease of my said wife Nancy. The above bequest is all that I wish her to have of my real estate. Having heretofore given to my daughter Nancy Brooks, and my son Charles D. Fontaine a section of land each, which I think of nearly equal value, I now proceed to give to my remaining children the same quantity, and of the same value, as near as I can I give and bequeath to my son Edward and his heirs forever my section of land lying on Mud creek near the bridge and on both sides of the Turnpike road, said land lying and being in Pontotoc County. I give and bequeath to my daughter, Martha Perkins, wife of the Reverend William Perkins, of the State of Missouri, and her heirs forever, five quarter sections of land lying on Tallahatchie river, to be laid off contiguous to each other. I give and bequeath to my daughter, Mary B. Perkins, wife of Jesse Perkins of Madison County Mississippi, and her heirs forever, five quarter sections of land lying on Tallahatchie river to be laid off contiguous to each and to be of the same value as nearly as can be, of the land bequeathed to my daughter Martha. Having made advances to all of my children, so as to place them on terms of equality, I hereby will, order and direct that an equal distribution be made to all my children or their heirs, herein before mentioned, of all my negroes--my wife retaining a life estate in those given her, as aforesaid. If any one of the said negroes should be unwilling to go to the person to whom he or she may be allotted, then it is my desire and direction that my executor or executors should sell said negro slave in such mode and manner as in their discretion they may deem best, and pay over to the person entitled to said slave the amount for which he or she may be sold. I desire to be buried in the burying-ground belonging to the Corporation of the town of Pontotoc, and that a plain stone, with suitable inscriptions be placed over my grave and that of my wife Nancy; for which purpose and for enclosing a family burial ground in a suitable manner, the necessary sum of money must be raised out of any part of my property, previous to any distribution thereof among my legatees. I give and bequeath my old violin, and my walking cane given me by my cousin, William H. Roane, son of Judge Spencer Roane, to my son Edward. This cane was once the property of Judge Spencer Roane. It is my wish and desire that my daughter Louisa and her family should live and reside at "Ridgeway" with my wife Nancy. It is my wish and desire that my library be equally divided among my children, giving to my son Edward first choice. It is my will and desire that all of my land not heretofore disposed of, be equally divided among my children, excepting from among them my daughter Louisa. I hereby appoint my friend Richard Bolton of Pontotoc County, and my son Charles D. Fontaine of the same county my executors, and it is my desire that neither of them shall be required to give security as such. In Witness whereof, I have hereunto set my hand and affix my seal to this my last will and testament on this the eighteenth day of September, A.D. 1852 P.H. Fontaine (Seal) Signed, sealed and declared by Patrick Henry Fontaine to be his last will and testament in the presence and hearing of us, who at his request and in his presence have subscribed our names as witnesses. E.W. Rootes J.W. Drake W.W. Leland The State of Mississippi } In the Probate Court of said Pontotoc County } County .. At the October term A.D. 1852 thereof In the matter of a certain instrument of writing purporting to be the last Will and testament of Patrick Henry Fontaine deceased Be it remembered that at a term of the Probate Court of the County of Pontotoc began and held at the Courthouse thereof in and for said County, on the first[?] Monday of October, A.D. 1852 personally appeared in Open Court, the above named Edmund W. Rootes, James W. Drake and William W. Leland subscribing witnesses to the foregoing instrument of writing purporting to be the last Will and testament of Patrick Henry Fontaine late of said County deceased [. . .] date the eighteenth[?] day of September [?], A.D. 1852; who being first duly sworn depose[?] and say that the said Patrick H. Fontaine signed, sealed, published and declared said instrument as his last Will and testament in the presence of these deponents on the day of the date thereof; and that said testator was then of sound, disposing mind and memory, and more than twenty one years of age, and that these deponents subscribed said instrument as [?] thereto, at the instance and request and in the presence of said Testator, on the day and year aforesaid Sworn to and subscribed } E.W. Rootes in Open Court this 4th } J.W. Drake day of October A.D. 1852 } W.W. Leland W.P. Tindall } Probate Judge } ====================================================================      USGENWEB NOTICE: In keeping with our policy of providing          free information on the Internet, data may be used by          non-commercial entities, as long as this message          remains on all copied material. These electronic          pages may NOT be reproduced in any format for profit          or for presentation by other persons or organizations.          Persons or organizations desiring to use this material          for purposes other than stated above must obtain the          written consent of the file contributor.          This file was contributed for use in the USGenWeb          Archives by: Mary Page ====================================================================