Will of John Baptist Thompson (1814); Charles County, Maryland File contributed for use in USGenWeb Archives by Charles Page Magno. ========================================================================= USGENWEB NOTICE: In keeping with our policy of providing free information on the Internet, data may be freely used by non-commercial entities, as long as this message remains on all copied material. These electronic pages may NOT be reproduced in any format for profit or presentation by other organizations. ========================================================================= Will of John Baptist THOMPSON, b. 17__ d. 1814 Register of Wills, Charles County, Maryland Volume HB #13 pp. 302 & 382 p. 302 June Term 1814 John Baptist THOMPSON Will In the name of God, Amen. I John Baptist THOMPSON of Charles County, in the State of Maryland being in perfect health of body and of sound and disposing mind memory and understanding, considering the certainty of death, and the uncertainty of the time thereof, and being desirous to settle my worldly affairs, and thereby be the better prepared to leave this world when it shall please God to call me hence, do therefore make and publish this my last will and testament in manner and form following that is to say-First and principally I commit my soul into the hands of Almighty God and my body to the earth to be decently buried at the discretion of my Executrix herein after named and, after my just debts and funeral charges are paid I devise & bequeath as follows. I give and bequeath unto my son Ignatius Fielder THOMPSON two negroes the called Pol (who is the wife of Nace) and the other her Child called Gusta, as also the said Pols future increase that she may have hereafter to be paid him after the natural life of my wife Eleanor and myself at which death my last happen. But in case my said son shall die without lawful issue and before he possess the said negroes and increase thereof my will and desire is that the whole of them shall go to my daughter Mary Ann THOMPSON, in case she my said daughter should die as aforesaid my will & desire is that the property aforesaid shall go to my second daughter Elizabeth THOMPSON and so on down to the youngest of my children. This being according to a particular contract made with my brother in law Ignatious MIDDLETON at the time I swapt with him for said negro Pol. Item- I devise and bequeath all the rest and residue of my estate both real and personal unto my beloved wife Eleanor THOMPSON during her single life or widowhood with the liberty and desire of me that my said wife shall dispose of by last will & testament or any other instrument of writing the said estate so devised & bequeathed to her among my seven children to wit; Richard Aloyisius, Ignatius Fielder, Mary Ann, Elizabeth, Ann, Joseph and Henrietta THOMPSON in such manner as she my said wife may think most deserving or proper to give them, so as my said estate shall be divided amongst my said seven children at her death; But in case she my said wife shall marry then and in that case this devise and bequest unto my said wife shall be void, and I will & bequeath unto her my said wife Eleanor THOMPSON her legal dower to be paid her out of my estate in lieu of the above devised & bequeathed estate which in that case (after my said wife's thirds are taken out) it is my will & bequest that all the rest & residue of my said estate shall be equally divided between my said seven children to them their heirs and assigns forever; my will & meaning is that my three sons, Richard Aloyisius, Ignatius Fielder & Joseph THOMPSON shall have all my landed estate divided equally between them & their heirs in Fee Simple, reserving to my four daughters Mary Ann, Elizabeth, Ann & Henrietta THOMPSON the use of my dwelling plantation & house during their single lives respectively and my said four daughters to have their respective parts in my personal estate so as all my said seven children to be made equal alike or so near as the nature of my estate will permit a division to be made and in order to be more explicit it may perhaps be that Ignatius Fielder and daughter Elizabeth THOMPSON _?_negroes independent that will render them better of than the rest of my said children in that case they and each of them shall being their said negroes into my estate before they can be intitled to an equal share with the rest of my said children; This latter part of my will shall have not effect, provided my said wife do not marry which in that case, as mentioned above she is at liberty to give and dispose of my estate, as well real as personal to her seven children at her discretion ~ Whereas at different times I have given to my daughter Mary Teresa McWILLIAMS (wife of Clement McWILLIAMS) more than I can give to any one of the rest of my children (to make them all equal) and she being better of, than the rest, and whereas the property which I now possess hath been chiefly acquired by my last wife together with her joint industry and frugality, these are motives of justice strong in my mind why I do not give her anything more than what I have already given on former occasions ~ And lastly I do hereby constitute and appoint my dear wife Eleanor THOMPSON to be sole Executrix of this my last will and testament, revoking and annulling all former wills by me heretofore made ratifying and confirming this and none other to be my last will and testament. In testimony whereof I have hereunto set my hand and affixed my seal this twelfth day of October in the year of our Lord, Eighteen Hundred and Eight ~ Signed sealed published and declared by John Baptist THOMPSON the above named testator as and for his last will and testament, in the presence of us, who at his request in his presence and in the presence of each other have subscribed our names as witnesses thereto ~ Jno W. McPHERSON, Joseph SIMPSON, William BOWLING, John BOARMAN On the back of the aforegoing will it is thus written- Charles County _?_June 15th 1814 Then came Eleanor THOMPSON Executrix of John B. THOMPSON late of Charles County deceased and made oath on the Holy Evangely of almighty God that the aforegoing instrument of writing is the true and whole last will and testament of said deceased that hath come to her hands or possession and that she doth not know of any other ~ Wit. Humphrey Barnes Reg'r of wills Charles County _?_ October 11th 1814 Then came Joseph SIMPSON one of the subscribing witnesses to the aforegoing last will and testament of John B. THOMPSON late of Charles county deceased and made oath on the Holy Evangely of almighty God that he did see the testator therein named sign and seal this will and that he 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 his apprehension of sound and disposing mind memory and under standing and that he together with John W. McPHERSON, William BOWLING and John BOARMAN the other subscribing witnesses respectively subscribed their names as witnesses to this will in the presence and at the request of the testator and in the presence of each other Test. Humphrey Barnes Reg'r of wills Charles County _?_ November 16th 1814, Then came John W. McPHERSON one of the subscribing witnesses to the aforegoing last will and testament of John B. THOMPSON late of Charles County deceased and made oath on the Holy Evangely of Almighty God that he did see the testator therein named sign and seal this will and that he heard him publish testament that at the time of his so doing he was to the best of his apprehension of sound and disposing mind, memory and understanding and that he together with Joseph SIMPSON, William BOWLING and John BOARMANn the other subscribing witnesses respectively subscribed their names as witnesses to this will in the presence and at the request of the testator and in the presence of each other. Test. Humphrey Barnes Reg'r. of wills p. 382 June Term 1815 John B THOMPSON. Codicil Whereas I John Baptist THOMPSON of Charles County and State of Maryland have made and duly executed my last will and testament in writing bearing date in the year of our Lord one thousand eight hundred and eight the day and month not now recollected which said last will and testament and every clause bequest and devise therein contained I do hereby ratify and confirm, saving and excepting such clauses bequests and devises therein mentioned as are by me herein after revoked and made void; and being desirous to alter such parts thereof and of making additions thereto do therefore make this my Codicil, which I will and direct shall be taken and held as a part of my said will and testament in manner and form following, this is to say,- I give and bequeath to my daughter Mary Teresa McWILLIAMSs and her heirs the sum of five hundred pounds current money of Maryland to be levied on and paid out of my estate ~ And - also I do hereby appoint Clement McWILLIAMS Executor to my last will and testament jointly with my beloved wife Eleanor THOMPSON~ In testamony whereof I have hereunto set my hand and affixed my seal this third day of March in the year of our Lord one thousand eight Hundred and nine~ John B THOMPSON **SEAL** Signed and sealed in the presence of us~ Daniel A. ROBINSON – Alle herXmark SMITH - Jas. McWILLIAMS On the back of the aforegoing Codicil it is thus written Charles County _?_ April 26th 1815 Then came Clement McWILLIAMS one of the appointed executors of the last will and testament and Codicil of John Baptist THOMPSON late of Charles County deceased and made oath on the Holy Evangely of almighty God that the annexed instrument of writing is the true and whole Codicil to the last will and testament of said deceased that hath come to his hands or possession and that he doth not know of any other.~ At the same time the said McWILLIAMSs made oath as aforesaid that he gave Mrs Eleanor THOMPSON notice that said Codicil would be exhibited for probate this day who refused to attend~ Test. Humphrey Barnes Reg'r of wills Charles County _?_ April 26th 1815 Then came Alle Smith one of the subscribing witnesses to the within Codicil of John Baptist THOMPSON late of Charles County deceased and made oath on the Holy Evangely of Almighty God that she did see the testator therein therein named sign and seal the same and that she heard him publish pronounce and declare the same to be a codicil to his last will and testament that at the time of his so doing he was to the best of her apprehension of sound and disposing mind memory and understanding and that she together with Daniel A ROBINSON and James McWILLIAMS the other subscribing witnesses respectively subscribed their names as witnesses to this Codicil in the presence of the testator and at his request ~ Test. Humphrey Barnes Reg.'r of wills Charles County _?_ April 26th 1815 Then came James McWILLIAMS one of the subscribing witnesses to the within Codicil of John B THOMPSON late of Charles County deceased and mad oath on the Holy Evangely of Almighty God that he did see the testator therein named sign and seal this Codicil and declare the same to be a Codicil to his last will and testament that at the time of his so doing he was to the best of his apprehension of sound and disposing mind memory and understanding and that he together with Alle Smith one of the subscribing witnesses respectively subscribed their names as witnesses to the within Codicil in the presence of the testator and at his request ~ Test. Humphrey Barnes Reg'r of wills 6th Sides --------------------------------------------------------------------------------