Joe Thompson v. Walter Clarke. Will of John Thompson

 

In the name of God Amen I John Thompson of St Mary's County &c. do make this my last Will & Testament after my Debts & funeral charges are paid, I devise and bequeath as follows——

Item I give and bequeath unto my beloved wife Elizabeth Thompson, one third part of my real Estate during her natural life only— also one third part of my personal Estate, to her & her heirs forever

Item. In case my beloved wife afsd should be delivered of a Child or children, within Nine months from my death, then and in that case, I give and devise unto the said Child or Children, to his, her or their heirs forever, the whole of my Estate both Real and personal, saving my wifes third as devised her above— But incase my said wife should not be delivered of a Child or Children within the time aforesaid; then and in that case I give unto my following named slaves their freedom or liberty after ten years servitude after my death, towit, Joe, Henry the Blacksmith, Toby, Sarah, Joe the Blacksmith and Nell his wife, also I give unto the whole of my other slaves who at my death should be under the age of Twenty-five years their liberty & freedom when they respectively arrive at the age of thirty years, except those who at my death should be over the age of Twenty five years of age   all of whom are to remain in servitude for five years after my death only, and except those who at my death should be over the age of forty five years, all of whom (over 45 years as afsd) to remain in slavery and be supported as usual out of my Estate during their natural lives—

Item. Incase of my said wife should not be delivered of a Child or Children within the time aforesaid, then and in that case I give and bequeath to the following persons the sum of money hereafter mentioned to wit,

To the Children of my brother Thomas Thompson (seven in number) namely, Ignatius, Samuel, John, Susanna, Ann, Elizabeth and Henrietta, one hundred Dollars each—

To my nephew Elijah Thompson and my niece Mary Cullison, one hundred Dollars each—. To my sister Elizabeth Abell, of the State of Kentucky Two hundred pounds current money—.

Item. In case my said wife should not be delivered of a Child or Children within the time aforesaid then and in that case, I give, devise and bequeath all the rest and residue of my Estate both real and personal, to   my nephew James Thompson during his natural life, and after his death, to the first Child of the said James Thompson present wife, if a son, and in case she should not have such son as aforesaid, then it is my will and desire that the said James Thompson should give the said Estate to any one of his children he may chuse— and after the death of such child my will and desire is that the said Landed Estate should go to the mail heir of said Child & so on in continual succession forever agreeably to the laws of England which were inforce in this Country before the America Revolution—

Whereas my Bond to Wm Somervill dated the 13th day of September 1799. for the Conveyance of certain Land therein mentioned as also his Bond of Conveyance some of the same date for the conveyance of certain Lands therein mentioned remain yet to be cancelled, These are therefore to authorise and I do hereby authorise and empower my nephew James Thompson to fullfill the Conditions of my said Bond, when the Said Somervill shall fullfill on his part, the Conditions of   his Bond afsd to me. as fully and completely as I could do the same myself were I then living— I further direct and will that the Deed of Conveyance from the Said Somervill is to be made to my nephew James Thompson conformably to the Said Somervills Bond of Conveyance, to me.

And lastly I constitute & appoint my Dear wife Elizabeth Thompson and my nephew James Thompson my Executors &c. In Testimony &c.

Clarke
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