Will of Jacob STALEY / STAYLEY (1760); Frederick County, MD Contributed to the USGenWeb Archives by Sharon L. Casteel http://www.usgwarchives.net/copyright.htm ********************************************************* In the name of God Amen the Twelved Day of December in the year of our Lord on Thousand seven hundred & sixty I Jacob Stayley Steyley [sic] of Frederick County in the province of MarylandFarmer being very sick & weak of body, but of perfect Mind & sound Memory, thanks be given unto God therefore, Calling unto mind the mortality of my Body & knowing that it is appointed for all men once to die to make & ordain this my Last Will & Testament, that is to say principally and first of all I give and recommend my Soul into the hands of God that gave it, and for my Body I recommand it to the Earth to be buried in a Christian Like and Decent manner at the Discretion of my Executors nothing doubting but at the general Resurrection I shall receive the same again by the mighty power of God; and as touching such worldly Estate wherewith it hath pleased God to pless me in this Life I give divise & dispose of the same in the following manner & form Imprimis it is my Will & I do order that in the first place my just Debts and funeral Charges be paid & satisfy'd. Item I give to my beloved Wife Margaretha the thirt part of all and Sineur the Movables according to Law one good Bed one Spinning Wheel one good Cow. Item I give to my Daughter Phillibinah one good Feather Bed & a new Sude of black Cloth, & two Cows to her own proper use. Item I give to my Daughter Maria Shoub the Sum of sixty pounds in Cash to be paid to her by the Executor of my Estate. Item I give to my said Daughter Phillibinah the Sum of sixty pounds the same to be paid by the Executors aforesaid. Item I ordain the Remainder of my Estate to be equally divided into five parts among my five Children -- as Jacob, Henry, Joseph, Mary and Phillibina. Item I give to my Son Joseph the Plantation whereon I now live called Swizerland for him his Heirs and assigns forever to his and their own proper use, but if he should die under age the same shall be divided into two equal parts among the foresaid Jacob and Henery. Item I give to my Son Henry that Tract or parcel of Land called part of a Resurvey on Ottershain to him his Heir & assigns forever. Item I give to my Son Jacob all that Tract or parcel of Land called part of Resurvey on Ottershaim & par of Swizerland to him his Heirs & assigns forever. The said Tracts of Land & plantation, shall be devided into three equal parts as nye as possible by my Executors, so that everyone of my aforesaid Sons Jacob Henery & Joseph have one hundred fifty seven and one half an Acre. And I make and ordain my aforesaid beloved Wife Margaretha to my Sole Executor of this my Last Will in trust for the Intents and Purposes in this my Will contained to take Care and see the same performed according to my ture Intent & meaning. In Witness whereof I the said Jacob Staley have to this my Last Will & Testament set my Hand & Seal the day and year first above written. Signed Seal'd & Delivered by the said Jacob Staley as & for his Last Will and Testament in the presence of us who were present at the signing & Sealing thereof Thomas Schley, Stephen Ramsburg, Gilbert Kemp Thomas Schley, Stephen Ramsburg, and Gilbert Kemp the subscribing Witnesses to the foregoing Will being duly & solemnly sworn on the holy Evangels of almighty God depose & say that they saw the Testator Jacob Staley sign the foregoing Will & heard him publish & declare the same to be his Last Will & Testament that at the time of his so doing he was to the best of their apprehensions of sound & disposing mind & memory & that they subscribed their respective Names as Witnesses to the said Will in the presence of the said Testator and at his Request Jany 12, 1761 Sworn before Peter Butler Deputy [???] Fredk Cty 26 Jany 1761 Margaretha Staley Wife to the Deceased refuses to sand to the aforegoing Will & has Recourse to her Thirds agreeable to Act of Assembly. before Peter Butler Depty Comy Fredk County