Last Will and Testament of James McGIRR (1853), Allegany County, MD

Contributed for use in USGenWeb Archives by Larry McGirr [lmcgirr@ssai.org]

Copyright.  All Rights Reserved.
http://www.usgwarchives.net/copyright.htm
http://www.usgwarchives.net/md/mdfiles.htm
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In the name of God.  Amen.  I James McGirr of Allegany County and State of 
Maryland, being in feeble health, but of sound and disposing mind, memory and 
understanding, considering the certainty of death and the uncertainty of the 
time thereof and desirous to settle my worldly affairs and thereby to be better 
prepared to leave this world when it shall please God to call me hence.  I do 
therefore make and publish this, my last will and testament revoking all others 
made by the said James McGirr.

First and principally I commit my soul into the hands of God who gave it, and my 
body to (be) decently buried – and after my debts and funeral charges are paid I 
give and bequeath to my wife Mary McGirr during her natural life all my property 
both real and personal for her use and benefit –

It is my desire that she should live with her daughter Margaret Warnick – if she 
should be come dissatisfied living with said Margaret Warnick my executor shall 
make choice for her –

I give and bequeath to my daughter Margret Warnick one hundred acres of land 
adjoining the house I now live in, out of my lands owned by me contiguous 
thereto.  It is also my will that my wife Mary McGirr shall not rent the farm to 
any other person than my daughter Margaret – or her husband William Warnick 
without a just Cause, and approved by my executor – Also if any of my personal 
property is left at the death of my wife it is to be the property of my daughter 
Margaret Warnack ---

I give and bequeath the balance of the lands owned by me, after the hundred 
acres already divided is taken out, to my daughter Mary Jane Duckworth one half 
of said remainder, and my son William C. McGirr the remaining half-

I therefore constitute and appoint Patrick Hammill my sole executor of this my 
last will and testament –

In testimony whereof I hereto set my hand and seal this first day of March One 
thousand eight-hundred & fifty-three.  Signed, sealed & delivered in the 
presence of 


John T. Barnard			his
 Wm. N. Barnard                      James X McGirr
  Wm. McRobie		           mark

			Test – Henry Hammill—

Allegany, Allegany County, to wit: --

On the 5(th) day of July 1853, came, Patrick Hammill and made oath on the Holy 
Evangely of Almighty God that the aforegoing instrument of writing is the true 
and whole will and testament of James McGirr, late of Allegany County, 
dec’(eased), that hath come to his hands or possession and that he doth know of 
any other

		Test – W. R. McCulley, Register

Maryland, Allegany County, to wit:  --

On the (5th) day of July 1853, came William N. Barnard and William McRobie, two 
of the subscribing witnesses to the aforegoing last will and testament of James 
McGirr, late of Allegany County, deceased, and made oath on the Holy Evangely of 
Almighty God that they did see the Testator therein sign and seal this will, and 
that they heard him publish, pronounce and declare the same to be his last will 
and testament; that at the time of his so doing he was to the best of their 
apprehensions of sound and disposing mine, memory and understanding, and that 
they respectively subscribed their names as witnesses thereto in the presence 
and at the request of the Testator, and that they did also see John T. Bernard, 
the other subscribing witness, sign his name as witness to said will at the 
request of the Testator, in his presence and in presence of each other.

		Test – W. R. McCulley, Reg’

Note: the will is located in the Maryland House of Records, Annapolis, Maryland.  
However it is indexed under the name James McGinn (vs McGirr).



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