The Shemwell Family

Transcription: "At a Court held for Louisa County on the 14th day of September 1801, this Will was this day in open Court and proved by the oaths of Joseph Graves and William Davis, two of the witnesses thereto and by the Court is ordered to be recorded ... " Note that the legal definition of "Proving a Will" means that when you pass away, your beneficiaries and Executor may have to prove the Will is valid through a process called probate. Probate is a process where a court considers the many legal aspects of the will, including if it was legally created. The dates suggest that James March McGehee Sr died before September 14, 1801 ..... and assuming that early September 1801 is probably a reasonable assumption.

"Will John McGehee of Louisa Co., to wife Mary McGehee during her life 100 acres including 1 room of the dwelling house also 5 Negroes Adam, Sarah, Barbara, Capius and Thornton, horse, cows, furniture, etc. To dau. Nancy Edwards during her life 1 Negro Absolem now in her possession. To dau. Lucy HIcks during her life Negro Sarah. To dau. Mary Williams Negro Matilda now in her possession. To dau. Jane Williams Negro Harvey. To dau. Martha Tate during her life negro Eliza now in her possession. To son Dillard McGehee Negro Edmund. To son Car McGehee Negro Lucy, to son Garrett C. McGehee Negro Margarett. To 3 sons Dillard, Carr and Garrett C. all my lands equally including the 100 acres I lend unto my wife after her decease. Residue of estate to be sold and our of proceeds debts to be paid and £35 to each of my daughters instead of land. Also proceeds of above sale to 2 grand children Edward L. McGehee and Louisa Ann McGehee children of my deceased son John S. McGehee entitled to their deceased father's portion of my estate in money equal to what each of my other sons portions to be put in trust until they arrive at age 21. Residue to be equally divided among all children. After decease of my wife that part of my estate which I have lent to her is to be sold and proceeds equally divided. Appoint 3 sons Dillard, Carr and Garrett C. McGehee executors. 24 Oct 1824 Sig. John McGehee (X). wit. Richd. W. Thompson, Armistead Cole, William V. Cole. Recd. 13 Jun 1825." Transcription from http://www.trevilians.com/probate/will7.html

The Last Will and Testament of Carr McGehee documents the following family members: Carr McGehee, Lucy McGehee (nee Tate), Charles McGehee, James McGehee (Executor), Mathilda H McGehee, Ann E McGehee, Nancy E McGehee, John C McGehee, Mary J Martin (nee McGehee), Francis Ann Perkins (nee McGehee), Amanda L Harrison (nee McGehee), and Martha E Glenn (nee McGehee). Note that there is no mentioned of Parmelia McGehee who, based on input from other researchers, was born and died on October 3, 1826. A source for this child still needs to be found. However, for now she will be included in the family listing. Transcribed Will (I have added punctuation for clarity): I, Carr McGehee, of the County of Todd and State of Kentucky being of sound mind and disposing memory do make and constitute this my last will and testament. 1. It is my wish that all my just debts be paid. 2. I give and bequeath to my wife Lucy the farm on which I now live containing two hundred and nineteen acres more or less, also the following slaves viz: Toby, and his wife Tarmon, and Harriet said family & slaves I give to my wife Lucy. During her life only I give and bequeath to my wife Lucy forever the following property viz: one third of the products of my farm which may be on hand at my death: one waggon and one yoke of oxen, two horses such as she may choose, three plows and gears which she may choose, all my household & kitchen furniture, all my stock of hogs, twelve sheep & four cows such as she may choose, and my buggy. 3. I give and bequeath to my son Charles fifty dollars. I give to my sons, James & Charles, equally at the death of their mother Lucy, the farm which I have willed to Lucy during her life and two of the slaves viz: Toby and Tarmon which are also willed to Lucy during her life. 4. I give and bequeath to my daughters Mathilda H McGehee, Ann E McGehee, & Nancy E Mcgehee thirty dollars severally. 5. I give and bequeath to my children John C McGehee, Mary J Martin (nee McGehee), Frances Ann Perkins (nee McGehee), Amanda L Harrison (nee McGehee), Martha E Glenn (nee McGehee), Mathilda H McGehee, Ann E McGehee, and Nancy E McGehee equally the following slaves viz: Garret, Louisa, George, Margaret, Frank, Jef, Ellis, Henry, & Sally also all the personal property of which I may die possessed which has not been disposed of by this will also Harriet & her children at the death of my wife Lucy their mother. 6. I appoint James McGehee executor of this my last will and testament given under my hand this the 23rd day of July 1852. Signed: Carr McGehee (seal) Test: WB Taylor, HB Groomes"