Sussex County, Delaware - Wills: James McIlvane ----------------------------------------------------------------------- Submitted by: Iva Thompson June 25, 2001 *********************************************************************** USGENWEB 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. Files may be printed or copied for personal use only. The submitter has given permission to the USGenWeb Archives to store The file permanently for free access. *********************************************************************** Will of James McIlvane - April 8, 1754 Sussex County, De. In the Name of God Amen I James McIlvane of the County of Sussex upon the Delaware being sick in body but of sound mind and memory Calling to mind the Certainty of Death do make this my Last will and Testament in Manner & form following, and Principally I resign my Soul to God in hopes of a Happy Resurrection Thro Jesus Christ, I order that my body be Decently Interred by my Executrix hereafter mentioned as to my worldly Estate I Give Devise & Bequeath in form Following Impr: I Give Devise and bequeath unto my Dearly beloved wife Frances McIlvane the Land Houses Buildings and all other Appurtinances whereon I now Live at Coolspring in Said County During her Natural life (Excepting as is hereafter Reservd) and after my wife is Dead to my Son David McIlvane his Heirs and Assigns forever in fee, Reserving Nevertheless, my will is, that my Son David Shall have the Liberty Immediately after my Decease to Build on Said Land at the Crop Roads, and Improve to the Northward and Southward of the Same, Likewise the field formerly Called Becky Camells to Tend until my Loving wifes Decease as aforesaid, Its further reserved by this my Last will and Testament that if my Son David McIlvane Should Die, without Lawfull Issue, then the above plantation Called Coolspring to be Equally Divided after his and my Loving wifes Death to all my Children both Sons and Daughters Item: I Give Devise and Bequeath to my Son Robert McIlvane the Land Houses and Buildings with all other Appurtinances whereon he now Dwells to him and his Heirs and Assigns forever in fee Simple and also if my Said Son Robert Should Decease without issue then his Said Land and appurtinances to be Equally Divided between Each of my Children both Sons and Daughters Item: I Give Devise and bequeath to my Son Andrew McIlvane the Land Houses and Buildings with all other Appurtinances whereon he now Dwells to him and his Heirs and Assigns forever in fee Simple. Also if my Said Son Andrew McIlvane Should Decease without Issue then the said Land Buildings and Appurtinances to be Equally between Each of my Children both Sons and Daughters Item: I Give and Devise and bequeath unto my Son James McIlvane and to his Heirs and Assigns forever in fee Simple all the Land Houses Buildings and Appurtinances where on he now Dwells and whereon I Lately Dwelt In Indian River Hundred in the aforesaid County, as Also the Land and Appurtinances I bought of my Brother George McIlvane with One Hundred Acres of Warrant Land Adjoining to the Same provided my Said Son James McIlvane his Heirs and Exeutrs or Admrs and Assigns Shall pay the Sum of Sixty Pounds Current Lawful Money of Pennsylvania as follows that is to Say, Twenty five Pounds thereof to be Divided between my Son Robert's Children vizt Mills, James, Andrew, Lydia and Winefred Equally and the remaining Thirty five pounds thereof unto Executrix hereafter Mentioned to be by her Added to my personal Estate and Disposed of Accordingly Item: I Give Devise and Bequeath unto my Son John McIlvane & to his Heirs and Assigns forever In fee Three Hundred Acres of Land with the appurtinances which I have in the back Country Called Catts Cabin Likewise if my Said Son John Should Decease without Issue then the said Land & appurtinances to be Equally divided between my Children Sons & Daughters Item: I Give to my Dearly beloved wife Frances McIlvane the full and Equal third part of my Personal Estate after my funeral Charges and Just Debts are paid and before my Legacies hereafter mentioned shall be paid or Delivered, I also Desire and Leave my Negro fellow Called Justice and my Negro wench Called Sib to my Loving wife aforesaid During her Life, and afterwards to my Three Daughters hereafter mentioned vizt Prudence Wiltbank, Mary McIlvane & Frances McIlvane. Item: Whereas I have formerly given unto my Daughter Prudence Wiltbank the wife of Jacob Wiltbank Sundrys amounted by my Computation to the Value of Sixty Pounds when my Estate shall pay her forty Shillings more which I Give to her and her Heirs forever Item: I Give unto my Son John McIlvane before mentioned Ten Pounds Current money of Pennsylvania likewise the Bed & furniture he has Received from me already to him and his Heirs forever. Item: I Give unto my Son David one Mare that he has in his possession One Bed and Bolster, One pare of Sheets, One Blanket, One Rug to him and his Heirs forever Item: I Give Devise and Bequeath unto my Daughter Mary McIlvane one Negro boy Called Jupiter One Mare which She has in her possession. One Sadle and Bridle that She has. Also One Bed and Bolster One pare of Sheets One Blanket Two pillows and One Rugg to her and her Heirs forever Provided she has Issue and if not then the above Negro Boy Called Jupiter is to be Equally Divided between my Children Sons and Daughters that Survives her after her Decease Item: I Give Devise and Bequeath unto my Daughter Frances McIlvane One Negro Boy Called Cain One Bed & Bolster, One pare of Sheets, One Blankett, Two pillows and One Rugg also Fourteen pounds Current Lawfull money of Pennsylvania to her and her Heirs forever provided she has issue, and if not then the above Negro Boy Called Cain is to be Equally divided between my Children Sons and Daughters that Survives hereafter her Decease Item: I Give Devise and Bequeath the Remaining part of my personal Estate to be Equally Divided Amongst all my Children Vizt Robert, Andrew, James, John, and David McIlvane, Prudence, Mary, and Frances McIlvane aforementioned after all my Just Debts and funeral Charges is paid, Likewise my wifes Thirds the Legacies Left her by me is Received by her and all the other Legacies Bequeathed by me to my Children Sons and Daughters above Mentioned Lastly I Do hereby constitute Ordain and Appoint my Dearly beloved wife Frances McIlvane the Sole Executrix of this my Last will & Testament Revoking and Disannuling all former wills or Testaments by me made Ratifying and Confirming this Only and no other to be my Last will and Testament In Testimony whereof I have hereunto Set my hand and Seal this Eight day of April One Thousand Seven Hundred & Fifty Four Sealed pronounced & Declared & Delivered in presence of us George West Rebeckah Camell James McIlvain (seal) Henry Blackwood