The Will of John Mitchell of Worcester County, Maryland

The Will of John Mitchell, of Richard, of Worcester County, Maryland


 

John Mitchell (of Richard)
Worcester County, Maryland Wills Lib. LPS #1, folio 100-102
Dated 14 March 1834
Probated 5 October 1837

In the name of God amen, I John Mitchell (of Richard) of Worcester County and State of Maryland, being in perfect health of body and of sound and disposing mind, Memory and understanding. Considering the certainty of death and the uncertainty of the time thereof, and being desirous to settle My worldly affairs, and thereby be the better prepared to leave this world when it shall please God to cal 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 Executor hereinafter Named, and after My debts and funeral charges are paid, and my wife’s thirds taken out, I desire and bequeath as follows.

Item. I give and devise unto William My Eldest son My plantation whereon he now lives with some other parts of tract(s) adjoining the same to wit; all my land that lyeth on the North side of the run of the branch called Green branch Except the one fifth part of a tract of land which I own in partnership with My sons and son in law Namely William, Richard, George and Archibald Bayker (Baker) and Except that part which My son George now lives on; said land to be divided between My sons William and George as followeth. Beginning at a marked pine standing near the run of said branch and from thence running North Easterly to intersect the first line of the aforesaid partnership tract of land six perches from the land end of said line. All my land Excepted lying on the North of said branch and on the East of the above mentioned line to My son William his heirs and assigns forever.

Item. I give and devise unto Richard My second son My land lying on the south side of the aforementioned branch __ a part described followeth. Beginning at the afore mentioned pine and from thence running nearly south across my dwelling plantation to a lightwood post set up in a ditch, thence up the said ditch and binding thereon in it’s serpentine direction to where said ditch turns short to the North thence leaving said ditch but continuing the former course until it intersects the west side of my land, all of which, Except one half of the Poplar and pine timber suitable for logs, which I give to my son Elijah, I give to My son Richard and in case that he should decease without lawful Issue to My two sons Peter and Elijah Equally.

Item. I give and devise unto George My third son all My land lying on the North side of the afore Mentioned branch Except as before excepted and in case that he should decease without a male lawful begotten heir to My son William, he and his heirs and assigns forever.

Item, I give and devise unto Peter My fourth son all my land that lyeth to the south of my son Richard’s bequest and further down said ditch as before Mentioned on it’s serpentine direction to the eastward to a lightwood post set up in said ditch by a wild (cherry) tree standing to the south of My dwelling house and from thence with a line drawn nearly south to and through the old (gate?) way until it intersects the out line of My land to the south, in case that My son Peter should decease with out lawful Male Issue to My son Elijah and his heirs and assigns forever.

Item. I give and devise unto My fifth son Elijah all the remainder of My landed estate Except the one half of the fifth part of the before Mentioned Partnership tract which I give to My son Peter and the same not being not being Mentioned in his bequest. And further I give and devise to My son Elijah the one half of the Poplar and pine timber suitable for saw logs which stands on My son Richard’s bequest, to My son Elijah and in case of his death without lawful Issue to My son Richard and Peter Equally.

Item, and further My will and desire is that after my Just debts and funeral and burial charges is paid and My wife’s thirds taken out, that my five daughters shall divide the rest and residue of My estate equally, share & share alike.

And lastly, I do hereby constitute and appoint My son William Mitchell to be Sole Executor 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 fourteenth day of March A.D. one thousand eight hundred and thirty-four.

             His                                                     
John
+ Mitchell, of Richard (Seal)   
            Mark                                                  

Witnesses:
James Hopkins
John Pusey
Thomas S. Pusey

Worcester County, SST The 5th day of October Anno Domini 1837 Then came William Mitchell and made Oath on the Holy Evangels of Almighty God that the aforesaid Instrument of writing is the true and whole last will and testament of John Mitchell of Richard, late of Worcester County deceased that hath come to his hands or possession and that he doth not know of any other.

 

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