Sussex-Statewide County DE Archives Wills.....Hearn, Marcellus  Wilmer October 26, 1915
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File contributed for use in USGenWeb Archives by:
James B. Hearn Hearn29@msn.com March 20, 2008, 9:38 am

Source: Book Of Wills, Pgs 70-72 @ Georgetown, Del. Also On Microfilm; Rg4545.009, Roll No. 107.
Written: October 26, 1915
Recorded: February 23, 1916


   Will of Marcellus W. Hearn
  (Page’s no. 70-72, from the Hall of Records entitled wills, @ Georgetown Del, 
Also on microfilm RG4545.009, roll # 107.) 
   Will written 26 Oct, 1915, Presented for probate 23 Feb, 1916

Last will and testament:
           I, Marcellus W. Hearn of Seaford Hundred, county of Sussex and state 
of Delaware, being of sound and disposing mind, memory, and understanding, for 
the purpose and with the intent of disposing of my estate, real, personal, and 
mixed, of which I may be seized and possessed at the time of my death, do 
therefore make, publish, and declare this as and for my last will and 
testament, hereby revoking any and all wills heretofore made, in the manner 
following, that is to say:
First:  I desire and direct that all my just debts and funeral expenses shall 
be paid by my executor, herein named, as soon after my death, as shall be found 
convenient.
Second:  I give, devise, and bequeath unto my beloved wife, Assenath R. Hearn, 
the house and lots where I now reside numbered on the plot to be filed with 
this will, as no. 1 (one) and 1A for and during the term of her life, and no 
longer; also I give unto her my said wife, all of my household and kitchen 
furniture and the sum of one-thousand ($1000.) dollars in money, together with 
all of the chickens, one cow, one horse, carriage, and Harness, absolutely. It 
is my will and desire that my said wife should have the necessary food and 
bread stuff from the mill, free of any charge to her, for her own consumption, 
and in the keep and maintenance of a horse, cow and chickens, as long as she 
shall live. It is expressly understood that acceptance of the provisions in 
this item mentioned shall be in lieu of dower.
Third: I give, devise, and bequeath unto my son George H. Hearn, the house and 
lot where he now lives, numbered on the said plot as number 3-C; also a half 
interest in my mill in Seaford Hundred, together with the machinery, property, 
mill pond, water, water rights, mill wagons, and truck, absolutely and in fee.
Forth:  I give and bequeath unto my daughter, Amanda Jane Ricards, the sum of 
six thousand, ($6000.), dollars in money absolutely.
Fifth:  I give, devise, and bequeath unto my daughter, Mary Corrine Rawlins, 
from and after the death of her mother, the house and lots numbered on said 
plot as numbered 1 and 1-A, and all the buildings thereon, for and during the 
term of her life, I also give and devise unto her the said Mary Corinne 
Rawlins, the other interest in my mill, in Seaford Hundred, together with the 
machinery, property mill pond, water, water rights, mill wagons, and truck, for 
and during the time of her life. At her death the property in this item 
mentioned, I give and devise unto the children of my daughter Mary Corinne 
Rawlins, living at the time of my death absolutely in equal shares.
Sixth: I give, devise, and bequeath unto my daughter, Theodosia Wilson Smith, 
the house and lots numbered on the said plot as number 2 and number 2-B, for 
and during the term of her life, and no longer. I also give and bequeath unto 
her the said Theodosia Wilson Smith, the sum of three thousand ($3000.) 
dollars, in money absolutely.
Seventh: I give, devise and bequeath unto my grandson, Jacob H. Moore, the sum 
of two-thousand, ($2000.) dollars, and direct that it shall be deposited in the 
first National Bank of Seaford, Seaford, Delaware in the interest or savings 
department by my executor herein after named, to remain there until my said 
grandson shall arrive at the age of twenty-one years, and there to be paid over 
to him. Also I give and devise unto my said grandson, six acres of land more or 
less   I own on the north side of my millpond. adjoining lands of Andrew J. 
Dolby, and all the buildings thereon, absolutely and in fee . I also give and 
devise unto my said grandson, the one-half interest, I now own, in a gristmill 
with the appurtenances hereunto belonging, located at Gales town, Maryland, 
absolutely in fee. Should my grandson not be twenty-one years of age at the 
time of my death I give and bequeath the rents, issues, and profits arising 
from my interest in said mill property to my son George H. Hearn, until my said 
grandson shall reach the age of twenty-one years.
Eight: All the rest and residue of my estate, of whatsoever nature or kind, I 
direct shall be equally divided between and amongst my son, George H, Hearn, my 
daughter, Mary Corrine Rawlins and my grandson, Jacob H. Moore, to them, their 
heirs and assigns forever.
Lastly: I do nominate and appoint my said son, George H. Hearn, to be executor 
of this my last will and testament, and direct that his compensation or 
allowance for so doing, shall be the sum of three-hundred-dollars and no more.
 In witness, whereof, I have hereunto set my hand and seal this twenty six day 
of October, A.D.1915.
                           Marcellus W. Hearn    seal
Signed, sealed, published, and declared by Marcellus W. Hearn, as and for his 
last will and testament, in the presence of us, who at his request and in his 
presence and in the presence of each other, have hereunto subscribed our names 
as witnesses.
                                W. Elwood Wright
                                 Minos O. Short

State of Delaware, Sussex Co.

       Be it remembered that on the 15th day of February, in the year of our 
lord, one-thousand-nine-hundred and sixteen, came before me, Oliver D. 
Robinson, Register for the probate of wills and granting letters of 
administration in and for the county aforesaid, appeared W. Edward Wright, and 
Minos O. Short, the subscribing witnesses to the within and foregoing 
instrument of writing, purporting to be the last will and testament of 
Marcellus W. Hearn, late of the county aforesaid, deceased; and being solemnly 
sworn on the Holy Evangels of Almighty God, deposit and  saith that they saw 
the said, Marcellus W. Hearn, the testator, sign the said instrument of 
writing, and heard him publish, pronounce, and declare the same as and for his 
last will and testament; that  at the doing thereof, he was of sound  and 
disposing mind and memory, and upwards of twenty-one years of age, that these 
deponents attested and subscribed their names as witnesses to the said 
instrument of writing at the instance and in the presence of the said Marcellus 
W. Hearn, testator.
Subscribed and sworn before Oliver D. Robinson, Register.
                                                         
W. Elwood Right.
Minos O. Short.

Be it remembered that on the 15th day of February, A.D., 1916, the aforesaid 
last will and testament of Marcellus W. Hearn, deceased; of which the above and 
foregoing is a true copy, was proven by the subscribing witness, of whose 
affidavit the above and foregoing is a true copy and the same was allowed by 
the register, and gave bond with Andrew J. Dolby and Thomas J. Ricards, as 
surely in the penal sum of twenty thousand dollars.     
                                           Oliver D. Robinson, Register.


Additional Comments:
Marcellus W Hearn is the son of Burton R. Hearn and Grandson of Thomas Hearn.
     The above has been copied and
    revised from "Runk's Biographical
    Encyclopedia of the
    State of Delaware"
          1899
                      Marcellus Wilmer Hearn, son of Burton R. and Eleanor, b 
1841, died, 1916, was educated in the public schools of Little Creek Hundred, 
Sussex County, and remained at home assisting hia parents on the homestead 
until he obtained his majority, when he shipped as a deck hand on one of the 
river freighters. After one years experience he took charge of a vessel and for 
twenty-one years he was captain of river sailing freighters, plying from ports 
on the nanticoke, Chesapeake and Delaware rivers bound for Boston and other 
eastern and southern ports.
                      Capt. Hearn was successively commander and part owner 
of "The Fair Wind", "The Bee", and "The Farmers Friend".
                      In 1883, Captain Hearn, abandoned the sea and removing to 
Seaford Hundred, bought the "Cannon Grisp Mill".
                      In 1882, He took down the old mill and rebuilt it with 
improved machinery and appliances and at a cost of $7000. dollars fitted it for 
the "Roller Process".
                      It is known as "The Clear Brook Roller Mill", capacity of 
forty barrels per day.
                      Captain Hearn is also engaged in general farming and 
fruit raising, he has erected a comfortable dwelling, a barn, and outbuildings.
                      Marcellus W. Hearn was married in 1865, in Little Creek 
hundred, to
    Asneth Ruth (or Arcadia), daughter of Hugh Collins of Little Creek
    hundred, where Nirs.' Hearn was born. Their children are 1. Maggie D. ,
    who died young. 2. George H., manager of the Clear Brook Roller mill.
    3. Amanda Jane, wife of Thomas J. Ricards. 4. Theodosia Wilson,
    (Mrs. Harry Smith). and 5 Mary Corinna, wife of the late Jacob Friedel
    Moore, now married to Philip H. Rawlins. Captain Hearn, wife and
    family are very popular in the community in which they lived and are
    members and active workers in Browns M. E. church in Cannon, Delaware.
    the welfare of the county, and has served as clerk of the board of
    school commissioners for ten years. Captain Hearn is highly esteemed
    in the community for his honorable, upright life, and his kind, genial
    disposition.
            


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