Sussex-Statewide County DE Archives Wills.....Hearn(e), Benjamin October 11, 1802 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/de/defiles.htm ************************************************ File contributed for use in USGenWeb Archives by: James B. Hearn Hearn29@msn.com January 13, 2011, 9:40 am Source: Liber Ebn, No. 23, Folio 56 Written: October 11, 1802 Recorded: October 30, 1802 Recorded in Liber EBN No. 23 folio 56. ( Georgetown, Delaware) Will of Benjamin Hearn , son of wm & Elizabeth & grandson of Wm., Merchant & Mary. In the name of God, Amen. I, Benjamin Hearn, of Somerset county, and state of Maryland, in his perfect sences do make this my last will and testament revoking all former will or wills that may have been made.... In the first place I give and bequeath unto my beloved wife Sarah Hearn, all my lands and houses, where I now live, including the lands I bought, where Geo. Vicent formily lived, durning her natural life, for the use of her and my three daughters. Viz: Sally Hearn, Elizabeth Hearn, & Hannah Hearn and after her death, I give and bequeath unto my son Spencer Hearn all my lands in Somerset county, except the lands hereafter to my three daughters . Viz: Sally Hearn, Elizabeth Hearn, & Hannah Hearn, to him and his heirs and assigns forever.... I give and bequeath unto my three daughters Sally Hearn, Elizabeth Hearn, Hannah Hearn, all the lands I bought of Benjamin McLellin, also all the land I bought of James Fletcher, also twenty-five acres of land that I bought of John Johnson, to be equally divided between them, and their heirs and assigns forever, They are not to take possession of the said land from Spencer Hearn, until the decease of their mother, also I give and bequeath unto my three daughters; Sally Hearn, Elizabeth Hearn, & Hannah Hearn, three feather beds & furniture, eight head of sheep, 3 horses, They are to have the choice of one apiece out of my flock, also three negros. Viz: Phillis, Easter, & Levin, to be equally divided between them also three cows and three calves, all the looms, Stays, Geers, etc.,one bofat, also I give them one negro man named Isaac, also I give them a bond due me from Wm. and John Morris, for one- hundred and twenty pounds principal and the interest due thereon, to be equally divided between them.... I give and bequeath to my beloved wife, one negro man named Joe, also one cart and yoke oxen, one cow and calf, all my harrows, plows, & chains, etc. also all my hoggs, four sheep, one feather bed and furniture, also all the pott mettle frying pans, one horse, three pewter basons, two ditto dishes, all the earthern ware and glass ware, also all my crop that is on hand. I give and bequeath unto my son, Samuel Hearn, all my lands lying in Worchester & Sussex County, to him & his heirs .... also all the personal estate, belonging to me lying in Sussex County to him and his heirs.... I give and bequeath unto my son Spencer Hearn one negro man named Hercules to him and his heirs....Also I give and bequeath unto Nathan Gordy, one negro boy named Jack, to him and his heirs....I give and bequeath unto my granddaughter, Polly Vicent, one negro woman, Patt, to her & her heirs .....The remaining part of my estate to be equally divided between my wife & seven children. Viz: Samuel Hearn, Polly Vicent, Levina Gordy, Spencer Hearn, Sally Hearn, Elizabeth Hearn, & Hannah Hearn, to them & their heirs forever... It is my desire that the plantation where John Johnson now lives, that I bought of Janes Fletcher, should be rented and the rent paid in to my wife and three daughters . Viz: Sally Hearn, Elizabeth Hearn, & Hannah Hearn, durning the natural life of my wife Sarah Hearn... Lastly I appoint my daughter Sally Hearn, whole and sole executrix of this my last will and testament . In testimony where of I have here unto set my hand & seal this 11th October, Anno Dom'l, 1802. Signed, sealed and acknowledged the within to his last will and testament. Benjamin Hearn seal Willstone John Maddux George Maddux October the 30th day, 1802. Then came Sally Hearn and made oath on the Holy Evangels of Almighty God, that the within instrument of writing is the true and whole last will and testament of Benjamin Hearn, late of Somerset County ,deceased that hath come to her hands or possession, and that she doth not know of any other.... Before Geo. Handy, Reg.wsc. October the 3oth day, 1802. Then came John Maddux and George Maddux, two of the subscribing witnesses to the within last will & testament of Benjamin Hearn, late of Somerset county, deceased and severally made oath on the Holy Evangels of Almighty God, that they did see, the testator within named, sign and seal this will, and that they heard him publish, pronounce, declare the same to be his last will, & testament, and that at the time of his so doing, he was, to the best of each of their apprehensions, of sound and disposing mind, memory, and understanding, capable of executing a valid deed, and with that they did respectively subscribe their names as witnesses to this will in the presence and at the request of the within named testator, and in the presence of each other and in the presence of the other subscribing witness. They further disposed that William Stone subscribed his name as a witness to this will in the presence of the testator... Before Geo. Handy, Reg.wsc Recorded in Liber E B N0 23 folio 56 Benjamin Hearn seal Willstone John Maddux George Maddux October the 30th day, 1802. Then came Sally Hearn and made oath on the Holy Evangels of Almighty God, that the within instrument of writing is the true and whole last will and testament of Benjamin Hearn, late of Somerset County ,deceased that hath come to her hands or possession, and that she doth not know of any other,... Before Geo. Handy, Reg. wsc. October the 3oth day, 1802. Then came John Maddux and George Maddux, two of the subscribing witnesses to the within last will & testament of Benjamin Hearn, late of Somerset county , deceased and severally made oath on the Holy Evangels of Almighty God, that they did see, the testator within named, sign and seal this will, and that they heard him publish, pronounce, declare the same to be his last will, & testament, and that at the time ofhis so doing, he was, to the best of each of their apprehensions, of sound and disposing mind, memory , and understanding, capable of executing a valid deed, and with that they did respectively subscribe their names as witnesses to this will in the presence and at the request of the within named testator, and in the presence of each other and in the presence of the other subscribing witness. They further disposed that William Stone subscribed his name as a witness to this will in the presence of the testator... Before Geo. Handy, Reg.wsc Recorded in Liber E B NO 23 folio 56 Examined Test Geo. Handy, Reg wsc. Additional Comments: The below information is from the Hearne History by William T. Hearne. Ref: Hearne History, pg.97. BENJAMIN HEARNE, sixth child of William and Elizabeth, we have no record of except that his wife was named Sarah, and they had three sons that we know of: William, Thomas and Spencer. Spencer was born Feb. 6, 1762, and died some time between 1836 and 1840. His wife was named Betsy Venibles Hearne; she died in 1843 or 1844. They had five sons, one of whom, Hiram. inherited his father’s old homestead. Ichabod Dashiell, another son, born April 9, 1808, died Feb. 6, 1852. He married Lucretia C. Harris, Sept. 18, 1833. She was born Sept. 11, 1808, died Nov. 1, 1847: children: Elizabeth Lemmon, born June 18, 1834; married Isaac Wooten Mitchell, Dec. 14, 1852. Joseph Spencer, born Jan. 4, 1836; married Elizabeth Hearne, his second cousin. Noah Thomas, born Feb. 23, 1838; married Miss Rosa Taylor. Cadmus Dashiell, born Feb. 11, 1840; died Oct. 11, 1859. Lucretia Ellen, born Nov. 17, 1841; lives in Salisbury, Maryland, and has never married. David Ichabod, born Mar. 31, 1843; married Bettie N. Hughes. of Sedalia, Missouri. John Americus Scarborough, born Feb. 6, 1846; married Alice Catlin More About BENJAMIN HEARNE: Will: October 30, 1802, Sally Hearn presented will @ this date. Children of BENJAMIN HEARNE and SARAH MADDOX are: i. WILLIAM9 HEARNE. Notes for WILLIAM HEARNE: Name from Hearne Book by Wm. Hearn, not in will.. ii. THOMAS HEARNE. Notes for THOMAS HEARNE: Name from Hearne History by Wm Hearn, not in will. 2. iii. SPENCER HEARNE, b. February 06, 1762; d. Bet. 1836 - 1840. iv. SAMUEL HEARNE. Notes for SAMUEL HEARNE: Samuels name is listed in will but not in Hearn History. v. SALLY HEARNE. Notes for SALLY HEARNE: Sallys name is listed in will but not in Hearne History, She is listed in his will as executor of his estate, and she did present the will to be settled. 3. vi. ELIZABETH HEARNE. vii. HANNAH HEARNE. Notes for HANNAH HEARNE: Listed in Benjamins will but not in the Hearne History by Wm. Hearne, author. viii. LEVINA HEARNE, m. NATHAN GORDY. Notes for LEVINA HEARNE: Listed in Benjamins will but not in Hearne History by Wm Hearne, author. ix. POLLY HEARNE, m. _____VINCENT. Generation No. 2 2. SPENCER9 HEARNE (BENJAMIN8, WILLIAM7, WILLIAM6, NICHOLAS5 HERNE, RICHARD4, NICHOLAS3, JOHN2, JOHN1 HERON) was born February 06, 1762, and died Bet. 1836 - 1840. He married BETSY VENIBLES. She died Bet. 1843 - 1844. Notes for SPENCER HEARNE: Spencer is listed in Hearn History and is in will. Spencer & Betsy Venibles Hearne had five sons, (ref: Hearne Book) Children of SPENCER HEARNE and BETSY VENIBLES are: i. HIRAM10 HEARNE. More About HIRAM HEARNE: Inherited: His fathers old homestead. ii. ICABOD DASHIELL HEARNE, b. April 09, 1808; d. February 06, 1852; m. LUCRETIA C. HARRIS, September 18, 1833; b. September 11, 1808; d. November 01, 1847. 3. ELIZABETH9 HEARNE (BENJAMIN8, WILLIAM7, WILLIAM6, NICHOLAS5 HERNE, RICHARD4, NICHOLAS3, JOHN2, JOHN1 HERON) She married THOMAS BYRD. Notes for ELIZABETH HEARNE: Listed in Benjamins will but not in the Hearne History, by Wm Hearne, author. Children of ELIZABETH HEARNE and THOMAS BYRD are: i. HANNAH10 BYRD. ii. SPENCER BYRD, d. 1837; m. BETSY. File at: http://files.usgwarchives.net/de/sussex/wills/hearne44gwl.txt This file has been created by a form at http://www.genrecords.org/defiles/ File size: 10.7 Kb