Will of Joseph STALEY (of Jacob) (1808); Frederick County, MD Contributed to the USGenWeb Archives by Sharon L. Casteel http://www.usgwarchives.net/copyright.htm ********************************************************* Will of Joseph Staley (of Jacob), 4 February 1808 In the Name of God Amen I Joseph Staley, (of Jacob) being sick and weak of Body but of sound and disposing mind memory and understanding and capable of Executing a valid Deed or contract considering the certainty of Death and the uncertainty of the time thereof and being desirous to settle my worldy affairs before it shall please Almighty 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 principally and first of All I commit my soul into the hands of Almighty God and my Body to the Earth to be Buried in a decent and Christian like manner at the discretion of my Executor hereinafter named and after my Debts and funeral charges are first paid and satisfied I Give Devise and bequeath as follows -- Item I give and bequeath to my beloved wife four of my cows her choice and four Beds Bedsteads and Bedding her choice for the use of the Children who are yet living with her and herself and the House Clock and the Chest of Drawers - and all the pork and Beef both in Salt and in the Smoke House. Three Spinning wheels her choice and her side saddle, all the flax and the Yarn and Hemp - Item I give and Devise unto my son Jacob Staley the Tracts of Land I bought of, and conveyed to me by Henry Cronise by Deed bearing Date the Twelfth day of April one thousand eight Hundred as may appear by reference thereto being had which said Tracts or parcels of Land I had long since sold to my said son Jacob Staley and for which he has made me a valuable consideration by payment and had not heretofore conveyed to him to my said son Jacob Staley and his heirs forever as full and effectually as If I had done the same by Deed of conveyance. And Whereas I have heretofore given to my son Jacob Staley, that part of my land whereon he now Dwells and conveyed to him by Deed I do therefor now Exclude him from receiving any further share of my Estate both real & personal that having been conveyed to him by me as and for his full Portion of my Estate - Item It is my will and I order and direct my Executor hereinafter named to sell my Tract of Land which I bought of and conveyed to me by George Murdock by Deed bearing Date the Thirteenth day of June one htousand eight Hundred containing in quantity about One Hundred and Eight Acres, at public Sale, and on such Terms as he may think most Advantageous and that as soon as he can with convenience after my Death and convey the same to the Purchaser or Purchasers thereof as full and affectually as I my self could were I present at the doing thereof. And the proceeds of the sale of the said Tract of Land I give and bequeath to my sons George Staley Solomon Staley and Moses Staley in Equal Shares share and share alike to be paid by my executor to place at Interest for their use as fast as the money of the Sale aforesaid shall come into his hands - Item I give and Devise unto my son Jacob Staley the plantation whereon I now Dwell at and for the price of Two Thousand Pounds current Money Exclusive of my wifes Thirds or Dower which I desire shall consist of the Dwelling House Garden and Other Improvements near the Dwelling and about Twenty five Acres of Land clared with the priviledge of fire wood all during her Natural life. And the two thousand pounds aforesaid to be paid by my said son Jacob Staley to my ten following named children That is to say to Ann Mary Smith Elizabeth Staley Catharine Wachter George Staley, Solomon Staley - Molly Staley, Margaret Staley, Moses Staley, Susanna Staley Maria Julianna Staley, in equal shares making to each the sum of Two Hundred Pounds current money - which I desire and request him to pay in the following manner - One Hundred Pounds to each within one year after my death and One Hundred Pounds to each at the Expiration of two years after my Death to all my children named aforesaid except Moses, Susanna and Maria Julianna who are yet under the ages as prescribed by law, their parts I desire my said son Jacob to pay them respectively as they ma arrive at Age - and my will is that he pass bonds to hose of age for he sums allotted to each and payable at the periods above stated. Which said plantation whereon I now live containing about One Hundred and ninety two Acres more or less, I Give and Devise as aforesaid to my said son Jacob Staley his heirs and assigns forever in fee Simple he complying and pay to my other children the sums aforesaid and letting my wife enjoye for and during her life that part assigned to her for her thirds or Dower unmolested - Item it is my will and I order and direct my Executor to sell at Public sale all the residue of my personal property and not before bequeathed on such Terms as he may deem most advantageous and my money and Debts with the said property to form an Aggregate fund, which I give and bequeath as follows - One third part therefor to my beloved wife and the residue to my children named aforesaid, excluding my son Jacob except what may be allowed to him by the Orphans Court or other Tribunal before whom the same may be setled, who I hope will give him what is reasonable and proper. It is my will also that my son Jacob retain out of the personal first of all the sum of Fifty pounds for the purpose of schooling my three youngest children and the Balance of any that may be left to be Divided among the said three children equally and Lastly I nominate and appoint my said son Jacob Staley my sole Executor of this my last will and Testament ratifying and confirming this and none other Annulling and revoking all former wills by me howtofore made In Witness Whereof I have hereinto set my hand and affixed my Seal this fourth day of February one thousand eight hundred and Eight Signed Sealed Published and Declared by Joseph Staley of Jacob the Testator as and for his last will and Testament in the prescence of us who at his request and in his prescence have Subscribed our names and all in the presence of each other - William Bottenberg Jacob Wussli [?] John Staley Frederick County to wit on the 7th Day of February 1808 then came Jacob Staley and made Oath on the holy Evangels of Almighty God that the forgoing instrument of writing is the True whole will and Testament of Joseph Staley late for Frederick County, Deceased that hat come to his hands and possession and that he doth not know of any other. Rich. Butler Regr. Frederick County to wit on the 7th day of February 1808 then came William Bottenberg, Jacob Staley, and John Staley the three subscribing witnesses to the foregoing last will and Testament of Joseph Staley late of Frederick County, Deceased and made oath on the holy Evangels of Almighty God that they did see the Testator therein named Sign and seal this will 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 a sound and Disposing mind memory and understanding that they respectively Subscribed their names as witnesses to this will in the presence and at the request of the Testator and all in the presence of each other. - Rich. Butler Regr.