Kent County, Delaware - Wills: Emory Graham ************************************************************************ USGENWEB ARCHIVES NOTICE: These electronic pages may NOT be reproduced in any format for profit or presentation by any other organization or persons. Persons or organizations desiring to use this material, must obtain the written consent of the contributor, or the legal representative of the submitter, and contact the listed USGenWeb archivist with proof of this consent. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. Contributed for use in USGenWeb Archives by: Jerri Burket: November 24, 2001 ************************************************************************ Will - Emory Graham - 1860 admitted to probate August 4, 1860 In the Name of God Amen: I Emory Graham of Mispillion Hundred, Kent County, and State of Delaware being in usually good health of body and possessing a sound disposing mind, considering the uncertainty of life, and the certainty of death, and being desirous of settling my wordly affairs that I may be the better prepared to leave this world when it shall please God to call me home [rip in paper obscures next few words] do make publish and declare this to be my last Will and Testament revoking and annuling all former Wills by me made, in manner and form following, to wit. First and principally I commit my soul into the hands of Almighty God and my body to be decently buried and after my funeral charges and just debts are paid I give and bequeath unto my beloved Wife Elizabeth Graham my house and lot at Vernon in and on which I now reside the same lying and being on the North side of the Public Road leading from Vernon to Greenville together with all and singular the improvements and appurtenances there unto pertaining during the entire term of her natural life and at and after her death the house lot improvements and appurtenances thereunto pertaining: herein to her devised to revert to and to become apart of the lands hereinafter bequeathed to my Grand Son David Spence: and furthermore I give and bequeath unto my said wife Elizabeth Graham one Bed Bedstead and Furniture first choice one Bureau, one sett of chairs together with the entire contents of Cupboard of tea ware &c. I give and bequeath unto my Grand Son David Spence my Farm lying and being on the North side of the Public Road leading from Vernon to Greenville adjoining lands of Samuel Graham’s Heirs, Sulah Graham and Henry Callaway, with all and singular the improvements and appurtenances thereunto pertaining, together with the one third part of my timbered land forming a part of or adjoing said Farm, and after the death of my aforenamed wife Elizabeth Graham the house and lot with the improvements and appurtenances there unto pertaining herein bequeathed her toherein the said David Spence and his heirs forever. I give and bequeath unto my two Grand Sons Emery Spence and Richard John Spence my Farm lying and being on the South side of the Public Road leading from Vernon to Greenville adjoining lands of Reuben [Ross?], the heirs of the late Joseph Ward and others to be equally divided between them (subject however to a devise herein after made my Grand Daughter Susan Ann Barwick) together with the two thirds of my timbered land adjoining the land herein before devised to my Grand Son David Spence which said two thirds of my timbered land also to be equally divided between them my said Grand Sons Emery Spence and Richard John Spence and their heirs forever. I give and bequeath unto my Grand Daughter Susan Ann Barwick the full sum of Five hundred dollars current money of the United States of America to be paid to her, her legal representative or representatives on the day of my death by my two said Grand Sons Emery Spence and Richard John Spence in equal proportions and furthermore I give and bequeath with my said Grand daughter Susan Ann Barwick the full half of my entire Rail Road Stock. I give and bequeath unto my Grand Daughter Hester Ann Graham the full sum of one hundred and thirty six Dollars current money of the United States of America to be paid to her and to no other person or persons claiming by through or under her by my herein after named Executor upon the expiration of the time usually by law requires for the closing or final settlement of estates. I give and bequeath unto my step Daughter Matilda Rachel all my goods and chattels now in her tenure forever provided that neither she nor any other person or persons claiming by through or under her shall demand the payment of an amount less or more of or from my Estate their and in that event the said goods and chattels herein to her bequeathed shall revert to and be considered a part of my estate and be dealt by accordingly by my herein after named Executor. I give unto Thomas Emery Obier the full one half of my entire Rail Road Stock. I give and bequeath to my Wife Elizabeth Graham and Grand Children, David Spence, Emery Spence, Richard John Spence and Susan Ann Barwick any residue of assits which may remain [unec-unded] if any, after the settlement of my estate to be between them equally divided. And lastly I do constitute and appoint Richard H. Merriken Executor of this [can’t read rest of paragraph]. Signed sealed published and declared by Emery Graham the herein named Testator to be his last will and Testament, at whose request, in whose presence and in the presence of each other we have subscribed our hands as witnesses hereto this Tenth day of April in the year of our Lord one thousand eight hundred and sixty. Lemuel Dill John Darcy Abner E. Wooters Vernon, Del. August 10th 1860 D. C. Godwin, Register Dear Sir this is to say to you (as Register) that I desire you to appoint David Spence to settle the estate of my Husband Dec. (Rev. E. Graham), as I relinquish all my right title and claim to said David Spence to settle the Same and desire you to appoint him to settle the Same. As witness my hand & seal Elizabeth Graham