Rachel Graham v. Frances Swann. Will of Richard Brown
In the name of God Amen. I Richard Brown of Charles County Maryland being of Sound & disposing mind memory & understanding do make this my last Will & Testament in manner & form following to wit. First it is my Will & desire that I be decently buried by the side of my first wife without parade according to the Rites of the Church of England. Item I give to my two Daughters Ann & Elizabeth all that part of a tract of Land called Rich Hill which I bought of William Courts late of Charles County, to them & the lawful Heirs of ther bodies forever, & I will that the said part of the tract of Land Called Rich Hill be equally divided between them, but if either of my Said Daughters Ann & Elizabeth Shall die without lawful Issue, then it is my Will that the whole of the said part of the Tract of Land Called Rich Hill, go to the surviving daughter to her & the lawful heirs of her body forever And if the last surviving Daughter Shall also die without lawfull Issue, then the aforesaid whole part of the tract of Land called Rich Hill Shall be Sold & the money arising from the Sale thereof Shall be equally divided among all my Children who Shall be living at the time of Such Sale, my Son John always Accepted. Item I give to my Son Richard to him & the lawful heirs of his body forever all that part of a Tract of Land called dinyard lying on the Clements Bay in Saints Marys County, and if my Said Son Richard Shall die without lawfull heirs of his body, then I give the Said Land Called Dinyard to the Eldest Son of my Son William who Shall be living at that time And I also give and bequeath to my Said Son Richard to him & the lawful heirs of his body forever, my whole Share of one fourth part of a Mill Seat lying & being on the head of Clements Bay in Saints Marys County, which Share I bought of a Certain Joseph Walker, and if my Said Son Richard Shall die without lawful heirs of his body I give the Said Share to one fourth part of a Mill Seat to the Eldest Son of my Son William who Shall be living at the time, to him & his heirs forever. Item I give all that Tract of Land Called Pinner & Pinners enlargement lying on the South Side of Mattawoman Swamp to my Son Gustavus & to his heirs forever. Whereas I have three Aged Slaves to wit. Tomboy, Abigail, & Nanny, it is my Will & desire that my Executors hereafter named, provide for them out of my Estate in Such manner as may prevent their wanting Necessary Cloathing & food so long as they Shall live. Item. It is my Will that the two Negroes I some time ago put into the possession of my son in law William Magruder, to wit, Jude & Easter, Serve him the Said William Magruder until they arrive to the age of twenty one years, after which the Said negroes Jude, & Easter Shall be free. I also give the Said William Magruder the negroes Called Kate, Henny and Beck, daughter of Hannah until they arrive at the age of thirty one years, at which time it is also my Will that the Said Negroes Kate Henny & Beck Shall be free, and it is further my Will & desire that the ofsprings of each & every of the Negroes aforesaid, on Serving the Said William Magruder his heirs or assigns to the age of thirty one years Shall be free. Item. I give my Negro blacksmith called Carrol, to my Son Robert, & I give Boy called Nace to my Grandson Richard Son of Robert. Item it is my Will that my two Negroes Called Tom, & Lett Shall Serve my daughter Ann, for & during the term of Seven years, to commence from the day of my death and that the Said two Negroes called Tom & Lett Shall be free at the Expiration of the Said term. I also give the Negroes Called Silvia, Milly, & Abigal the daughters of Lett to my Daughter Ann & her heirs or assigns, each of them to Serve my Said daughter Ann, until they arrive at the age of thirty one years, after which term of thirty one years it is my will that the Said Negroes Silvia Milly & Abigal Shall be free, and the ofsprings of each & every of the Negroes So given to my daughter Ann, Shall become free, when they arrive at the age of thirty one years. Item. I give my negroes called Dick & Liverpool, to my son Richard for, & during the term of Seven years, to commence from the day of my death and at the expiration of the Said term of Seven years, the Said Negroes Dick & Liverpool Shall be free. Item. I give to my Daughter Elizabeth my Negroes Charles and Milly, to serve my Said Daughter Elizabeth for the term of Seven years, to commence from the day of my death, & at the expiration of the Said term of Seven years, the Said negroes Charles & Milly Shall be free. I also give my negro Boy called Harry & my negro Girl Called Molly to my Daughter Elizabeth her heirs & Assigns, until they Shall arrive at the age of thirty one years, and after they Shall have Served the Said term of thirty one years, the Said negroes Harry, & Molly Shall be free, & it is my Will, & desire that all the ofsprings of the Said Negro Molly Shall be free, as they Shall respectively arrive at the age of thirty one years. Item. I give to my Son William, my Negroes Neptune & Hannah for & during the term of Seven years, after which term I Will & desire that the said Negroes Neptune, & Hannah be free, & as they have been faithfull Slaves & Hannah is infirm it is my request that my Son William treat them in Such manner as he knows will be pleasing to me. I also give the Negro Called Will to my Son William his heirs or assigns to keep him as a Slave during life, or to Set him free at the option of my Said Son William. Whereas there is a Bond granted to me by my Son Gustavus for more then twelve hundred pounds Sterling which Bond is lodged with my factor in Scotland, it is my Will & desire that no Interest Shall be demanded of my Said Son Gustavus which may have arison or which Shall arise on the Said Bond from the date thereof to the day of my Death, and I will & desire that the principal of the Said Bond with the Interest arrising thereon from the day of my death, until paid be divided among all my Daughters Married, & Single, So as to make all and each of them Equal and be it remembered that whatever I have given or Shall hereafter give during my life to any of my daughters Shall be Considered as So much of their portions paid, & that those that have received the least in my lifetime are to be paid in Such proportion after my death as will make all their portions equal. Item. I give my fourteen Silver Spoons marked GFB and which were my fathers to my Son Gustavus. Item. I give the Silver Soop Spoon & the twelve Silver Table Spoons marked RHB in Cipher, to my daughter Ann & will and desire that a Silver Soop Spoon & twelve Silver table Spoons of equal value be bought for my Daughter Elizabeth by my Executors as Soon as may be After my death. Whatever money of mine Shall appear to remain in the hands of Cuthbert Bullett Esquire in the County of Prince William in Virginia I give to my two Sons Alexander & Robert to be equally divided between them and all other moneys or Tobacco remaining to my Estate either herein Scotland or else where, I will to be equally divided between my Son William, & all my daughters. Item. I give to my Son William my house Clock and all my family pictures. Also on third part of my Library and allow him to make choice of the books. Item I will & sire that my other Children be allowed to choose out of the Residue of my Library such Books as they may think proper, but they Shall account with my executors hereafter named, for the books So taken according to the appraisement of the Said books, and after my Son William Shall have received his portion of my Library and my other Children Shall have received Such books as they Shall choose, I will & desire that remaining be Sold & the money arrising from the Sales thereof be equally divided among all my daughters. It is my will & desire that the part of a tract of Land called Rich Hill which I have bequeathed to my Daughters Ann & Elizabeth be burthened with the payment of one thousand pounds of Crop Tobacco to my wife Catharine yearly during her life, which burthen Shall be discharged by the payment of five hundred pounds of Crop Tobacco by my Daughter Ann, & five hundred pounds of Crop Tobacco by my Daughter Elizabeth yearly & once every year to my said Wife Catharine during her life. I will & desire that my household furniture, not already divised, & all my Stock of Horses, Cattle hogs & Sheet be equally divided between my Wife Catharine & my two daughters Ann & Elizabeth, to each one third part. Whereas my Son John while he lived with me applied various large Sums of money & Tobacco of mine to his own use Contrary to my desire, & without my Consent or knowledge, I will & desire that my Executors discover as far as may be the amount of Such Sums of money, & Tobacco & endeavour to receive the Same, & when So recovered, that my Said Executors divide the Same equally between my Son Alexander & Robert. And Should any disputes concerning the Settlement of my Estate arise between any two of my Children except my Son John, I will & desire that my Executors hereafter named lay a full & fair State of Such disputes before Some one of the Judges of the General Court of the State of Maryland, & obtain his opinion in writing & Under his Signature, which oppinion I desire to be decisive and final between the parties. And lastly I do hereby constitute & appoint my brother Gustavus Richard Brown, my Son William Brown & my Son in Law William Magruder Executors of this my last Will & Testament hereby revoking every other Will here to fore made by me. I witness whereof I have hereunto Set my hand & affixed my Seal this 30 day of June Anno Domini one thousand Seven hundred & eighty Nine. Signed Sealed published & declared by Richard Brown to be his last Will & Testament in the presence of us & each of us, who witnessed the Same in his presence & in the presences of each other.
Ann Hanson, Jane Hawkins Senr.
Jane Hawkins Junr. John Cambell
Henry S. Hawkins
Charles County sst. 12th October 1789 Then Came Ann Hanson & Henry Smith Hawkins two of the Subscribing witnesses to the foregoing last Will and Testament of the Revd. Richard Brown late of Charles County decd. & Severally made Oath on the holy Evangels of Almighty God that they did See the Testator therein named Sign & Seal this Will that they heard him publish pronounce & declare the Same to be his last Will & Testament that at the time of his So doing he was to the best of their Apprehensions of Sound & disposing mind memory & Understanding & that they together with Jane Hawkins Senr. Jane Hawkins Junr., & John Cambell the other three subscribing witnesses respectively Subscribed there names as witness to this Will in the presence & at the request of the Testator & in the presence of each other.
Certd. by John Muschett Regr. of Wills
Charles County Sst. 26th October 1789 Then came Doctr. Gustavus Richard Brown Doctr. William Brown & William Magruder joint Executors of the Revd. Richard Brown late of Charles County decd. & Severally made Oath on the holy Evangels of Almighty God that the foregoing Instrument of writing is the true & whole last will & Testament of the said decd. that hat come to their hands or possession & that they do not know of any other.
Certd. by John Muschett Regr. of Wills
Maryland Charles County Sst.
In Testimony That the aforegoing Will, & probates are truly Copied from Liber D Folios 195, 196, 197, & 198, one of the Records of the Orphans Court of Charles County, I have hereunto Set my hand and Affixed the Seal of my Office this fourth day of June Anno Domini One Thousand Seven Hundred, & Ninety Eight.
Humphrey Barnes Regr. of Wills
Rev: Richd Browns Will
The Revd. Richard Browns Will