Wills: Reverend Henry B. White, 1856-1859: New Castle County, Delaware Contributed for use in USGenWeb Archives by Rebecca Hobson email Sunnybrk@aol.com This will transcribed from copy of original in her possession handed down from King Valentine White to Sarah Amanda Abbie White Holland to Charles A. Holland, Jr. to Rebecca Hobson ************************************************************************ 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. http://www.usgenwebarchives.org Transcription of Will of White, Rev. Henry 1856 - 1859 page 1 In the name of God Amen! I, Henry White, of New Castle County in the State of Delaware, a preacher of the Gospel in the Methodist Episcopal church do make and ordain this to be my last will and testament hereby revoking all wills by me heretofor made, To wit; Item 1st - I give and devise to my grandson Edward White and King Valentine Dennis White, as tenants in common and their heirs and assigns, all my lands formerly of ---- Davis, by whatever lines they may be bounded. whereon my nephew James Duncan now lives, situate in Worcester County, State of Maryland; and it is my will that if either of my said gandsons shall die before attaining the age of twenty one years without lawful issue living at time death, then the estate herein devised to heirs shall go to the survivor of my said two grandsons, his heirs and assigns forever. It is, however, my will that my said nephew, James Duncan shall he agree, he shall have and retain peaceable possession of the land and premises hereby devised until the younmgest of my said grandsons shall attain the age of twenty one years (should he live so long) he, the said James Duncan keeping with the repairs and cutting wood Page 2 only for the necessary purposes of the farm and paying for the use of my grandsons aforesaid to their legal guardian or guardians in equal ----ties (sureties?) one half the proceeds of the corn raised on said lands as the same is delivered to market, first deducting the amount the taxes; the said James to deliver the said corn to market free of expense to my said grandchildren; - after - the eldest of my said grandsons attains his majority, his share of said proceeds to be paid directly to him. Item 2d - I give and devise to my granddaughter Sally Elizabeth White and my grandson John D. White, as tenants in common, and their heirs and assigns, all the lands which were conveyed to me by Robert Given and wife. Also a certain tract of land formerly devised by Valentine Dennis , father of Mary, wife of William M. White, to the said Mary, and conveyed to me, the whole of the lands herein described being situated in Worcester County aforesaid and adjoining each other; provided that if either of my said grandchildren shall die under the age of twenty one years and without lawful issue being at his Page 3 Or her death the estater herein devised him or her shall go to the survivor, his or her heirs and assigns forever; and provided also, the my said son William M. White and Mary his wife during their joint lives , and the survivor during his or her life, shall have the privilege of residing on and occupying that protion of the lands conveyed to me by the said Robert Given and wife which the said William now occupies, free from rents, with the privelege also of cutting wood only for the necessary use of the farm. It is expressly my will that my said son William and Mary his wife, and the survivor, take no interest or estate in the said premises last mentioned beyond the privelege of occuping them free from rent for the purpose of their maintenance and that upon the removal of the said William and Mary, or the Survivor, from the said premises, the same shall vest absolutely under the devise above made to the said Sally Elizabeth and John Item 3d Whereas my son John F J (not sure if initials are correct) White is indebted to me on two several obligations in my favor, both dated September 21st A.D. 1847, one being for the real debt of three thousand Seven hundred and ninety two dollars ninety cents, and the other for Page 4 Two thousand two hundred and forty one dollars, with interest from their dats, it is my will and I hereby forever release and discharge my said son John F J White, his executors and administrators, of and from the payment of the first named obligation for three thousand Seven Hundred and ninety two dollars and ninety cents, with all the interest accrued thereon at my death; and I also release and discharge my said son, his executors or administrators of and from the payments of one equal fourth part of the pricipal and interest which shall be due and unpaid upon the second n-med obligation for two thousand two hundred and forty one dollars at my decease. - he remaining, however, liable to pay the other three fourth parts of the principal and interest of the last named obligation as hereinafter directed- And with respect to the said three fourth parts of the principal and interest which shall be unpaid at my decease, I give and bequeath the sums to my three grandchildren, the children of my deceased daughter Elizabeth R. McClannahan, viz; John Henry, Yal-ton and Sarah Anne, equally to be divided among them; provided, that Page 5 If any one or more of my said grandchildren die under the age of twenty one years without leaving lawful issue, then the share which would have been taken by any such deceased grandchild shall vest in the survivors, equally to be divided between them. I direct that the payment of the said three fourths part of the last named obligation by my son, John F. J White shall not be enforced otherwise than in three equal annual instalments, the first to be payable at the expiration of one year after my death. If at my decease any of said grandchildren should be under age I direct that the share of said grandchild or grandchildren shall be receivable by a guardian or guardians of such grandchild or grandchildren, who shall keep the same invested in good securities, together with the interest accruing thereon , and upon the arrival of said grandchild or grandchildren or either of them at the age of twenty one years shall pay to him or her his or her share as aforesaid, or upon the death of either under age and without issue living at his or her decease, shall pay the same to and among the survivors of said grandchildren, equally, as before provided- I expressly direct that no part of any money to which my said grandchildren PAGE 6 SHALL BECOME ENTITLED UNDER MY WILL SHALL COME INTO THE HANDS OF THEIR FATHER. I also direct that if my son John F J White shall make any charge or claim against my said grandchildren, or either of them, for any matters orthing previous to the death of their grandmother Lucy Mc Claninahan, such charge or claim shall be deducted from the amount above released to him upon said obligations, and he shall be liable to pay the amount of such charge or claim in a -eli-la/eon to what he would otherwise be liable to pay upon said obligation- The first named obligation I direct my executor to deliver up cancelled to the said John F J White upon his releasing any and all claim or charge against my said grandchildren as aforesaid; - and the second obligation I direct my executor to assign and deliver to the said grandchildren or their guardian or guardians as the case may be- Item 6B I give and devise to my daughter Ann B. Peters, wife of Benjamin Peters, all my real estate and lands, with the appertenances Page 7 Situate in New Castle County in the State of Delaware, to her the said Ann, her heirs and assigns; subject nevertheless, to the payment of the whole sum of two thousand six hundred dollars, as follows, to wit, one hundred dollars to the Treasurer for the time being of the Parents Mission-any Society of the Methodist Episcopal Church for the use of said Society, payable within one year after my decease; Four Hundred Dollars to the Trustees for the Time being of the Methodist Episcopal Church in the Village of Christiana, New Castle County, aforesaid, to aid in the erection of a new Methodists Episcopal Church in the said Village, or its vicinity, the same not to be payable until such new church having been commenced shall be roofed in; -- and two thousand one hundred dollars, with interest from the day of my decease, to the hereintofor named three grandchildren, children of said Elizabeth R. Mc Clannahan, equally to be divided between them; the sum to be payable in three equal annual installments the first of which to be paid at the expiration of one year after my decease- All the provisions of the 3rd Item of my will (meaning the legacy therein bequeathed to the children of the said Elizabeth R. MC Clannahan Page 8 I will shall apply to the legacy bequeathed to them in this Item- If my son in law Benjamin Peters shall after my decease make or prefer any change or demand upon my executor or against my estate, I direct that such charge or demand shall be considered as charged upon and payable out of the real estate hrein devised to the said Ann B. Peters and the same shall not affect any other part of my estate - Item 5th Whereas I have by deed of mannumitsion dated March 11th, 1852 and recorded in the office for recording deeds in and for New Castle County in Book K, Vol 6, p. 65, manumitted my two slaves (H?)enry and Lucy, children of my colored woman Kisten, on their respectively attaining the age of twenty one years I give and bequeath to my daughter Ann B. Peters this unexpired terms of service of the said Henry and Lucy, together with any increase the said Lucy may have during her term of service, to serve the said Ann B. Peters agreeably to the laws of the State of Delaware in that behalf; the terms of service of said Henry to expire, according to said manumission Page 9 On the 15th day of October A. D. 1863, and the term of service of said Lucy on the 15th day of February A. D. 1869- Item 6th I give and bequeath to my daughter Ann B. Peters my wearing apparel, and all of my household furniture, plate and books, and all my personal affects of every description which shall be upon the farm now occupied by her husband at my decease; and I desire that no inventory or appraisements be made of the same- Item 7th I give my silver watch to Edward White son of William M. White - Item 8th - I give and bequeath to my grandson William H White Three Hundred Dollars, but should I advance him any sum of money during my lifetime, the same to be deducted from this legacy - Item 9th - I direct that my sum of money which may be due and owing from my son William M. White to the abovementioned James Duncan, at my decease, be paid out of my estate, provided that this direction shall not affect any legacy or devise hereinbefore contained - Page 10 Item 10th - I direct that any advance in money hereafter made by me to any devisee or legatee under my will or any account or claim left by me against such devisee or legatee at my decease, shall be deducted from the amount herein devised or bequeathed to such devisee or legatee; in the case of a devisee the same to be considered as in favor of my residuary devisees and legatees charge, on the real estate taken by him or her, and in case of a legaee the same to be deducted from his or hr legacy- Item 11th - All --- residue of my estate real and personal, I give, divise and bequeath unto my grandchildren, children of William M. White, viz, Sally Elizabeth, John D., Edward and King Valentine Dennis White, their heirs , executors and administrators, share and share alike; the "-f-ers of any of such grandchildren who may be deceased nc my Death to take among them equally, if more than one, the shonethe parent of living would take- Page 11 Lastly- I nominate, constitute and appoint my friend Thomast Titus, executor of this my last will and testament- If he should decline to serve or die before this settlement of my estate I desire that my friends Jacob L or S (?) Weedin and Cyrus Starn or one of these should act as executors in his place. In witness whereof I Henry White have this 25th day of January A. D. 1856 have set my hand and seal, and published this to be my last will and testament, writtem upon (three or these can't tell for sure) Of papers, my name being also subscribed in the margin of the first two sheets- Signed, Sealed, published, and Henry White Seal declared by the said testator on and for his last will and testament in the presence of and who at his request, in his presence have hereto set our hands as witnesses; the following interlineations being first made before execution viz: on page "4" his executors or administrators";- on page 5 his word 'grand" three times: amd 'pm ptjer pf the, '' on page 4, ' his executors and administrators", "' on page 9" at my decease." And on page 10 'in favor of my residuary divisees and legatees - Margaret H. Bates Geo Plunkett David M. Bates