Last Will & Testament of Joseph BARNS (1751); Cecil County, MD Contributed for use in USGenWeb Archives by Edgar Bralley http://www.rootsweb.com/~archreg/vols/00014.html#0003267 Copyright. All Rights Reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/md/mdfiles.htm ********************************************************* Last Will and Testament of Joseph Barns, West Nottingham, Pennsylvania 1751 (Joseph Barns was actually a resident of Cecil County, Maryland) In the Name of God, Amen. This Twelfth Day of August in the Year of our Lord One Thousand Seven Hundred and fifty one. I Joseph Barns of West Nottingham in the County of Chester, Province of Pennsylvania being Sick and weak of Body, but of sound mind and Memory, for which I Desire to be thankful to God, and Calling to mind the Mortaliaty of the Body, and that it is appointe for all Men once to Die, I judge it y Duty and Likewise I embrace the Opportunity Time overly to Dispose of my Worldly Estate, And I Do Accoordingly Ordain, make, and Constitute this my last Will and Testament, I do recommend my Soul to the Mercy of God in Christ, to the Earth to be Decently Buried at the Discretion of my executors, being fully persuaded I shall be raised from the Dead by the Power of God my Saviour. And as to that Portion of Worldly Goods it hath pleased God to allow me Thereby: First, I appoint and order all my Legal Debts to be paid out f the Whle of my Estate truly and faithfully; Secondly, I Bequeath unto my well Beloved Wife Mary one of my Horses as she shall chuse, and also one of my Cows, and a Feather Bed, with the Cloathes belonging there to as a Special Bequeathment, provided my Wife Shall Stand to and Acquisce in this my Last Will and Testament in Respect of what share I Allow her herein; if otherwise, then this Article of Special Bequeathment Shall be void; Thirdly, I Ordain, Order, and Bequeath to my Daughter Frances, My Daughter Mary, and my Son James to Each of Said Children five Shillings, Pennsylvania Money to be aid to Said my Children a Year after my Decease; if Demanded by them. Fourthly, I Ordain and order the Remainder of my Estate to be equally Divided Among my Wife and the rest of my Children, (the first three above mentioned being Excluded) Each of whom Shall have an Equal Share and Portion. Fifthly, I Order that three honest Neighbors, Such as my Beloved Wife and Guardians Shall Chuse: Do Appraize my Plantation and other moveables and Chattels, Excepting the Special Bequeathments, And that my Wife shall have Said Estate and Apprizements, if she shall chuse to live with said my children and take care of their Education till they come to Age and Shall be Accountable for no more than the said Appraizment, having he Benefit of Each of the Children’s Share, till each Child comes of Age, to assist her in maintaining and Educating them And if said Wife Shall Die before any or all of said children come to Age, my Guardians shall then Dispose of said Children, putting Such of them in to such Trades as are fit, as province may Direct them. To instruct and Binding the rest out so long as they shall see fit in Such families where they have reason to think my Children may meet with a Christian Education and Religious Example. Or, if said Wife Shall Chuse to Marry, if her then Husband Shall give Sufficient Security for the Share of Each child Accordingi to the Above Appraizements and shall be willing to Maintain and Educate my Children, it is my Will that said my Children Continue with their Mother and her Husband, and that the interest of Each Child, Share be allowed them for their pain and Charge, it being always left to the Guardians to Confide when any of the said Children are first to be put to the Trades, and their money to interest for them and they Act Accordingly, or if Said Wife Mary, and Die at any time after or before said Children Come to Age, her surviving Husband shall have no power over said Children. But the Guardians Shall Dispose of them and their portion of said Child Shall Be Divided Equally among the rest of my Children (Excepting the above-named Three) and if my said Wife Shall be then alive, and in Widow-hood and Equal share in said Division shall be allowed to her. Tho’ on this Division, I have acted as I Judge, the most Equitable part Yet if my Wife should Refuse to Stand there unto and apply to the Law for such a share as the Law may order then the Article of her Special Bequeathment Shall Be Void, and my whole Estate sold at public Vendue and such part of my Estate as the Law shall order for my children, the first three mentioned, shall with said Children be at the Disposal of the Guardians, Each of my Children being allowed as above, an Equal Share. But, if even then my Wife Shall Chse to keep said Children maintain and Educate them, I order her the interest of their share for her help so long as she continues in widowhood and they in non-age. But if she marries, I put it entirely in the poser of my Guardians, and leave it to their Discretion whether said Children shall abide with said Mother and Husband, and on what Terms, and how long. And if said Mother Married Shall Die before Said Children of any of them Shall be of Age, Said Guardians Shall then Dispose of said Children and their portions as above directed as a good Conscience will Require. Sixthly, I appoint, Chuse and ordain as Guardians my Beloved and Trusty friends James Porter, Samuel Scott and William Maxwell, hoping that God will Incline them to undertake; And Enable them faithfully to manage the Trust I have Committed to them. Lastly, I appoint my well Beloved Wofe and my son-in-law John Poak as sole Executors of this my Last Will and Testament, And so Committing and recommending my wife and Children to the Special Care and Protection of Almighty God who is able to provide for them, Counsel, Guide and Direct them (and my the Lord take them under his Special Care and grant them an interest in his Blessed Convenants), I do constitute this my Last will and Testament: I do hereby utterly Disannul and Revoke any other wills heretofore by me Ordained, and Accordingly. [Signed] Joseph Barns (SEAL) Do publish, pronounce, ordain and appoint, Sign and Seal, this my Last Will and Testament in the presence of his David P Patten Mark [Signed] Jno. Brally Jurat 29th of August 1753 Inv. Of Octer 1st next. Exor. Sworn. N.B. Before Signing and Sealing the Words (the first three mentioned being excluded as above) were interlined.