Will of James SMALLWOOD (1723); Charles County, MD

Contributed for use in USGenWeb Archives by Bob J. & Hope Coslett Pees, 
<jouett@satx.rr.com>

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Charles County, Maryland
Will probated December 12, 1723
 
James Smallwood
 
In the Name of God Amen
 
I James Smallwood of Charles County {illegible}
 
Item  I give & bequeath to my Wife's Daughter Elenor one Negro Woman called by 
the name of Sue with her increase to her & her Heires forever & in case she dyes 
without lawfull Issue then I bequeath the said Negro Woman with her increase to 
my sons Matthew & James.
 
Item  I give & bequeath to my Wife's daughter Elinor one feather Bedd one Rugg & 
pair of blanketts.
 
Item  I give & bequeath to my Son Matthew one Negro Boy named Charles to him & 
his Heirs forever, and one feather bed, one Rugg & one pair of blankets to be 
delivered him at the Age of Eighteen Years & in case he dyes before he comes to 
that Age then I give & bequeath the said Negro to my sons James.
 
Item  I give & bequeath to my Son James one Negro Girl called Nell after my 
wife's Decease with all her increase & one feather Bed, one Rug, & one pair of 
Blanketts all to be delivered him at the Age of Eighteen Years, & in case he 
dyes before that Age or at any time without lawfull Heirs begot of his Body, 
then I give & bequeath the said Negro and her increase to my son Matthew & his 
heirs.
 
Item  I give & bequeath to my Daughter Lydia one Negro Girl called Sarah and her 
increase to her & her Heirs forever lawfully begotten of her Body to be 
Delivered her at the Age of Sixteen years or Day of Marriage which shall first 
happen and allso I give my said Daughter Lydia one feather Bedd, one Rugg & one 
pair of Blanketts & in case she dyes before she arrives to the Age of Sixteen 
Years or Day of Marriage then what I give her to be at her Mother's Disposall.
 
Item  I give & bequeath to my Wife's son John one Negro Boy called Bowles to him 
& his Heirs forever.
 
Item  I give & bequeath to my wife's son William one Negro Boy called Nacy to 
him & his Heirs forever.
 
Item  I give & bequeath to my loving Wife Mary Smallwood one Negro Man called 
Tony & one Negro Woman called Mareer & one English Woman Servant named Mary 
Daginat to her & her Heirs forever.
 
Item  My will is that my Son Matthew & my Son James shall make no bargains 
whatsoever till they come to the age of twenty one Years without the Consent of 
their Mother or Brother John.
 
Item  My Will is & I do hereby give & bequeath to my Wife's Sons John, William, 
Matthew & James & their Heirs forever all that tract of Land I bought of Majr. 
William Dent to be equally divided among them (my wife's thirds during life 
excepted) together with all advantages Benefitts profitts Costs damages and 
Interests that may can or shall be had or recovered by me in a Law Suit with the 
Dents concerning the same Land, one third part whereof I do hereby give to my  
Wife & the remaining part to my wife's Sons John William Matthew & James 
mentioned and in case the Law Suit should abate by my Death undetermined I do 
hereby Impower my Wife & her Son John to renew & prosecute the Suit afd. to a 
finall Determination thereof for the uses above mentioned.
 
Item  My Will is that my Stock of Cattle be equally divided between my wife Mary 
Smallwood my son Matthew my Son James my Daughters Lydia & Elenor & that they 
have their parts delivered then when they arrive to the age afore mentioned.
 
Lastly I constitute my loving Wife Mary Smallwood Execr of this my last will 
{illegible} this thirteenth day of November Anno Domini 1723.
 

/s/ James (the mark of II) Smallwood
 
Signed Sealed Published Pronounced & Declared by the same James Smallwood to be 
his last Will & Testament in the presence of
 
The mark of
Mary M. Dagnall
The mark of
James I. Griffen
Thos. Thomson
 
Xber 12th 1723
 
Then came Mary Dagnall James Griffin and Thos. Thomson and made oath on the Holy 
Evangelists {illegible}
 
_______________

__________________________
Bob J. & Hope Coslett Pees
Seguin, Texas
jouett@satx.rr.com
http://www.geocities.com/jouettseguin/1remington.htm