Joe Thompson v. Walter Clarke. Will of John Thompson

 

In the name of God amen I John Thompson of Saint Mary's County and State of Maryland, being sick and weak of body, but of sound and disposing mind memory and understanding, considering the certainty of death, and the uncertainty of the time thereof, and being desireous to settle my worldly affairs, and thereby be the better prepaired to leave this World, when it shall please God to call me hence, do therefore make and publish this my last will and testament, in manner and form following; that is to say. First and principally, I commit my soul into the hands of almighty God, and my body to the earth to be decently buried at the discretion of my Executors hereinafter named, and after my just debts and 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 and her heirs forever. Item Incase 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 for ever, the whole of my Estate both real and personal, saving my wife's thirds as devised her above— But 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 unto my following named slaves their freedom and liberty after ten years servitude after my death to wit: 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 thirty five years their liberty and   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 who 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 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 and bequeath to the following persons the sums 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's 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 for ever agreeably to the laws of England which were in force in this Country before the American Revolution. Whereas my bond to William Somervill dated the 13th day of September 1779— for the conveyance of certain lands there   -in mentioned as also his bond of Conveyance to me of the same date for the conveyance of certain lands therein mentioned remain yet to be cancelled these are therefore to authorize and I do hereby authorize and empower my nephew James Thompson to fulfill the conditions of the said bond when the said Somervill shall fulfill on his part the conditions of this bond afsd to me as fully and compleatly as I could do the same myself were I then living. I further direct and will that the deed of Conveyance from the sd. Somervill is to be made to my nephew James Thompson Conformably to the said Somervill Bond of Conveyance to me. And lastly I do hereby constitute and appoint my dear Wife Elizabeth Thompson and my nephew James Thompson my Executors of this my last will and testament revoking and annulling all former wills by me heretofore made, ratifying and confirming this and none other to be my last will and testament. In testimony whereof I have hereunto set my hand and affixed my seal, this twenty seventh day of October in the year of our Lord one thousand eight hundred and four

Signed, sealed, published and declared by John Thompson the within named testator as and for his last will and testament in the presence of us who at his request, in his presence, and in the presence of each other, have subscribed our names as witnesses thereto.
Joseph Booth
John Johnston
John Neale
E. J. Hillard

Jno. Thompson (seal)

To the Justices of the Orphans Court of the Regr wills for St Mary's County I Elizabeth Thompason widow of John Thompson, late of St. Mary's County deceased, do hereby renounce and quit all claim   to any bequest or devise made to me by the last will of my husband exhibit out and proved according to the law, and I elect to take, in law thereof endower, or legal Share of the Estate of my Dead Husband or Such parts thereof as the laws wch are now in force will entitle me to

Saint Mary's County, to wit, the 31 day of December 1804. Then came Elizabeth Thompson and James Thompson and severally made oath on the holy Evangels of almighty God, that the written instrument accounting[?] is the true and whole will and testament of John Thompson late of Saint Mary's County deceased, that hath come to their hands or possession and that they do not know of any other.

Certified of Jeremiah Jordan Reg of Wills for St. Marys County

Saint Marys County. Ss the 31 day of December 1804 Then came John Neale John Johnston & Enoch J. Hillard the of the four subscribing witnesses to the within last will & Testament of Jno Thompson late of St Mary's County, deceased and severally made oath on the Holy Evangels of almighty God that they did see the testator therein named sign and seal this will an that they heard him publish pronounce and declare the same to be his last will and Testament, that at the time of his so doing he was to the best of their apprehensions of Sound and disposing mind memory and understanding, and that they respectively subscribed their names as witnesses to this will in the presence and at the require of the testator and in the presence of each other, also that they did see Joseph Booth the other witness to this will subscribe the same in the presence and at the request of the said Testator.

Certified ss Jeremiah Jordan Reg Wills for St Mary's County

 

To the Justices of the Orphans Court, or the Register of Wills for Saint Mary's County.

I Elizabeth Thompson widow of John Thompson late of Saint Mary's County, deceased, do hereby renounce and quit all claim to any bequest or devise made to me by the last will of my husband exhibited and proved according to law; and I elect to take in lieu thereof any dower or legal share of the Estate of my said husband or such part thereof as the laws which are now inforce will entitle unto.

Feb. 11. 1805.

Elizabeth Thompson.

I certify that the aforegoing is a true copy taken from the last will and testament of Jno Thompson deceased— In Testimony whereof I have hereunto set my hand this 15 June 1816—

Jas Forrest Reg Wills for St Marys County

 

Copy.

The last Will & Testament of John Thompson.