Will of Joseph Benton of Montgomery Co., MD USGENWEB NOTICE: In keeping with our policy of providing free information on the Internet, material may be freely used by non-commercial entities, as long as this message remains on all copied material, AND permission is obtained from the contributor of the file. These electronic pages may NOT be reproduced in any format for profit or presentation by other organizations. Persons or organizations desiring to use this material for non-commercial purposes, MUST obtain the written consent of the contributor, OR the legal representative of the submitter, and contact the listed USGenWeb archivist with proof of this consent. Made available to The USGenWeb Archives by emcraw@azstarnet.com (Ellen M. Crawford). I am attaching the file of the will of Joseph Benton of Montgomery Co MD. His son Joseph Benton was named as one of the executos of the will, but there must have been some friction for on 4 Mar 1807 he went to court and refused to be an executor of his father's will. The first wife of Joseph Benton was Elizabeth, surname unknown. His second wife and wife at the time of his death was Rachel Tuell. She was a widow, her first husband having been killed in the Revolutioanry War. It is possible her family name was Offutt but that is not proven. She had two children by her first marriage, Anastasia and Horatio. Anastasia married James B Fulton. Anastasia and her husband, Horation Tuell and their half-brother Leaven Benton moved to York, SC. From there Leaven and his family moved to TN. Some of the Benton children stayed in MD, and others moved to KY. My ancestor Erasmus Benton and Sarah Roberts Benton moved to Scott Co KY by 1800. This will was sent to me by Montgomery County MD 22 Aug 1994 The Inventory was copied from LDS Film # 14,232 on 6 Aug 1994 WILL OF JOSEPH BENTON IN THE NAME OF GOD, AMEN, I Joseph Benton of Montgomery County and State of Maryland being weak in body but of sound mind and memory blessed be God for the same, do this twentieth day of July Eighteen hundred and three do make and publish this my last will and testament in manner following: Item.. I give and bequeath unto my ---?--- beloved wife Rachel Benton one negro man named Cooke, also Hanah and her daughter Flora, also a negro girl named Sucke. I give the above named negroes and their increase to my wife, her heirs and assigns for ever. Also two feather bed, three horses such as she may choose out of my stock, also the plantation utensils and house furniture, also four cows and calves to her, her heirs and assigns for ever. Item. I give and bequeath to my two sons Nathaniel Offutt Benton and Leaven Benton, six negroes namely Leathey, Aleck, Grace, Abraham, Anthony and Henny, also two feather beds with bedstead and furniture, two desks, two walnut tables, two chests, one Donsin (?) pewter plates, two dishes and two basons, two iron pots, also two mares as they now claim, also two cows and calves, also four ewes and lambs, the above mentioned negroes I give with their increase to my two sons Nathaniel and Levin to them and their heirs and assigns forever. Its my desire that if either of my two sons above named should die before they arrive to the age of twenty-one years in that case the survivor shall possess the whole of the property willed to them both unless either of them should marry in that case they may divide the whole of the above mentioned property when they arrive at twenty one years of age. It is my will and desire that my eleven children by my first wife shall each have ten pounds current money, namely Joseph Benton, William Benton, Mordacai, Erasmus Benton, Benjamin Benton, Nathan Benton, Hezekiah Benton, Marian Sedwick, Elizabeth Ford and as my son Thomas and my daughter Ann Sedwick are both dec'd, its my desire their shares shall be equally divided amongst their children. It is also my desire that my wife and her two sons before mentioned shall possess all the residue of my personal estate not before mentioned by paying of the above legatees and what debts I may owe. Its my will and desire that my wife shall have peaceable possession of my lands and improvements I now possess her natural life unless she should marry and in that case its at the discretion of my two younger sons to put her to her thirds---its also my desire that at the death of my wife all my lands I now possess shall be sold to the highest bidder, all but my two youngest sons by my last wife, their parts shall be valued by men skilled in land laid off to them at the northwest end of my dwelling plantation next to Captain John --?--. Its my will that there be an equal division of the money arising from the other eleven shares amongst my eleven children by my first wife. Its my will that in case my wife should die before my two youngest sons arrives to the age of twenty one, in that case they shall possess all my land and improvements I am now possessed with till they arrive to the age of twenty one years. Lastly I appoint my wife and son Joseph Benton to be joint executors of this my last will and testament in witness whereof I have hereunto set my hand and seal the day and year first mentioned. Signed, sealed and delivered by Joseph Benton the Testator as and for his last will and testament in the presence of us who here subscribe our names as witnesses. his Joseph Benton mark Seal James Wallace Sam B Magruder Walter Magruder Montgomery County Pct. on the 6th day of March 1807 there came James Wallace and Samuel Magruder two of the subscribing witnesses to the within last will and testament of Joseph Benton late of said County, deceased and severally made oath on the Holy Evangels of Almighty God that they did see the testator herein named sign and seal this will and that they heard him publish, pronounce and declare the same to be his last will and testament and that at the time of his so doing he was to the best of their apprehension of sound and disposing mind, memory and understanding and that they respectively subscribed their names to this will as witnesses in the presence and at the request of the testator and in the presence of each other and also in the presence of Walter Magruder the other subscribing witness hereto. Certified by Saml. Turner, Reg. Item. It is further my will and desire not revoking of any part of the within will that all that part or portion of land part of Doull's park which I bought of Patrick Magruder as will appear by my bond jointly with Samuel Brown Magruder for the purchase money and a part of a tract of land called Trouble Enough containing forty seven acres which was bought of Samuel Brown Magruder should descend unto my two sons Nathaniel O Benton and Levin Benton and their heirs forever it being understood that the above described land was bought by my two sons Nathaniel O Benton and Levin Benton and having possessed my bond jointly with Samuel Brown Magruder it being intended as their security for the payment of the purchase money to Patrick Magruder and my bond solely to Samuel Brown Magruder for forty seven acres of Trouble Enough in case of my death before a deed is made to them, it is my will and intention that none of the rest of my children shall inherit any part of the above described premises in this codicil my two sons Nathaniel O Benton and Levin Benton paying the purchase money aforesaid. In witness whereof I have hereunto set my hand and affixed my seal this twenty first day of July Eighteen hundred and three. Signed, sealed, and delivered by Joseph Benton the testator in the presence of us who subscribe our names as witnesses his James Wallace Joseph Benton Seal William Wallace mark Charles Wallace Received from Montgomery Co MD, 22 Aug 1994 ______________________________________________________________________________ JOSEPH BENTON'S INVENTORY An inventory of the goods and chattels of Joseph Benton late of Montgomery County, deceased, by us the subscribers in Dollars and Cents. Dolls Cts Wearing apparel...................................... 20 Negro, Jack, aged 25 yrs............................. 350 " Cook, aged 35 yrs............................. 300 " Alek, aged 22 yrs............................. 350 " Abraham, aged 12 yrs.......................... 280 " Anthony, aged 10 yrs.......................... 200 " Isaac, aged 4 yrs............................. 80 " James, aged 3 yrs............................. 60 " Basil, aged 3 yrs............................. 60 " Hannah, aged 30 yrs and her child 15 months old............................. 300 " Cass, aged 42 yrs............................. 150 " Leathey, aged 20 yrs.......................... 250 " Henry, aged 14 yrs............................ 250 " Grace, aged 14 yrs............................ 250 " Sucke, aged 12 yrs............................ 200 " Mariah, aged 8 yrs............................ 160 " Flora, aged 7 yrs............................. 150 " Matilda, aged 5 yrs........................... 90 1 gray gelding aged 10 yrs........................... 25 1 bay ditto aged 11 yrs............................. 40 1 bay mare aged 10 yrs............................... 40 1 dark bay mare aged 8 yrs........................... 40 1 dark bay gelding aged 12 yrs....................... 35 1 bay gelding aged 5 yrs............................. 55 1 gray horse colt aged 2 yrs......................... 25 5 breeding hogs 4 dollars each....................... 20 13 young hogs 2 dollars each......................... 26 18 pigs 1/2 dollars each............................. 9 3819 5 cows at 12 dollars each............................ 60 2 young cattle at 6 dollars each..................... 12 3 yearlings 4 dollars each........................... 12 15 head of sheep and 8 lambs......................... 33 1 bushel pickled herrings............................ 5 5 stone judgs........................................ 1 50 Tinware.............................................. 3 Small old trunk...................................... 1 some hollow glass and slate.......................... 1 25 1 spice mortar....................................... 1 4 candle sticks and snuffers......................... 1 25 2 old copper tea kettles............................. 1 50 5 brushes............................................ 50 peester.............................................. 12 gun.................................................. 3 knives and forks..................................... 1 Hillards............................................. 1 25 Hand iron and tongs.................................. 2 50 Some old books....................................... 3 1 pair old wood cards and sheep shers................ 75 2 hand saws and joiners tools........................ 2 Scythes and cradles.................................. 8 1 Wire sifter........................................ 1 3 Iron bound cegs and old tubs....................... 2 50 4 bushels flax seed.................................. 3 3 straw baskets...................................... 2 1 meal bag and old poplar bedstead................... 1 50 Some leather......................................... 6 50 37 Wt (?) wood....................................... 15 6 bushels of wheat................................... 7 50 First bed with furniture............................. 45 Second ditto...................................... 35 Third ditto...................................... 35 4149 50 Fourth ditto...................................... 32 Fifth ditto...................................... 28 1 Walnut desk........................................ 12 1 cherry tree ditto................................. 12 1 cherry tree table.................................. 6 2 walnut ditto 5 dollars each...................... 10 1 ditto 1 dollar, 1 quill ditto 1 dollar 50 c....... 2 50 1 cupboard........................................... 4 2 painted chests at 2 dollars each................... 4 2 old ditto........................................ 1 50 6 windsor chairs and one armed ditto................. 7 50 8 old splintered bottom chairs, one armed ditto...... 2 50 2 small looking glasses.............................. 2 1 small case with 12 bottles......................... 1 50 4 bowls with some plates of Queen's Ware............. 3 25 Some bottles and Phyols.............................. 1 50 Tea canister......................................... 25 6 silver teaspoons................................... 4 7 stone butter pots.................................. 3 wagon and gear....................................... 100 59 Wt hackling tow......at 6 cents................... 3 54 42 Wt hackled flax at 30 cents....................... 12 60 2 pair flat irons.................................... 1 25 Table linen and towels............................... 2 50 2 linen wheels....................................... 3 50 4 narrow axes and one broad ditto.................... 4 1 grind stone........................................ 2 4 potts and frying pan............................... 6 50 3 pot racks.......................................... 2 50 Water vessels........................................ 1 1 plow and other plow irons.......................... 10 4436 39 4 harrow hoes........................................ 2 25 2 old cart bands..................................... 2 75 2 iron wedges........................................ 50 A parcel of old iron................................. 5 100 clabboards....................................... 1 25 5 tobacco hogsheads and 3 mobley stands.............. 8 Cyder casks and pickle tubs.......................... 14 50 2 bee hives.......................................... 3 Flax brake........................................... 1 Cyder mill and trough................................ 5 Some shoemakers tools................................ 1 40 barrels of corn at 4 dollars...................... 160 4 barrels nubings.................................... 6 800 Wt bacon at 10 cents of pound.................... 80 27 bushels of ry at 80 cents of pound................ 21 60 8700 Wt tobacco first quality at 5$ 50 cents......... 492 50 2100 Wt ditto second quality at 3$ 50 Cents.......... 73 50 158 bushels wheat at 1$ 25 cents..................... 172 50 18 turkeys at 5 cents 4$, 9 Dunghill fowls at 25 ditto 2$ 25 cents........................... 6 25 Iron crow bar 75 cents, old spade 50 ditto........... 1 25 5494 24 We hereby testify that to the best of our judgment we have appraised the goods and chattels of the late Joseph Benton so far as hath come to our sight and knowledge given under our hands and seals this seventh day of May Eighteen Hundred and Seven. James Wallace William Sodge Montgomery County Pct On the 11th day of August 1807 then came Rachel Benton executrix of Joseph Benton late of said county deceased and made oath on the Holy Evangels of Almighty God that the foregoing is a true and perfect inventory of all and singular the goods and chattels of the late Joseph Benton deceased that hath come to her possession or knowledge at the time of the making thereof and that what hath since come or shall hereafter come she will return an additional inventory that she knows of no concealment of any part or parcel of the said deceased estate by any person or persons whatsoever and that if she should hereafter discover any concealment or suspect any to be she will acquaint the judge's of the Orphan's Court a the time being with such concealment or cause of suspicion that it may be inquired into according to law. Certified by Saml. Turner, Register A list of Desperate Debts due the Estate of Joseph Benton Senr late of Montgomery County Deceased. Benjamin L Benton on note.....................................$41.33 John Mehorney on ditto....................................... 28.00 Nathaniel Offutt of Edwd on note part paid...........L 2.2.0 Mordica Benton on acct............................... 19.0.0 Benjamin Benton on ditto............................. 15.10.0 Erasmus Benton on ditto.............................. 4.17.0 Hezekiah Ford on ditto............................... 11.12.0 Thos Benton's widow on ditto......................... 7.10.0 John Sedwick on ditto................................ 11.5.0 Montgomery County Crt On the 11th day of August 1807 came Rachel Benton Executrix of Joseph Benton late of said county deceased and made oath on the Holy Evangels of Almighty God that the aforegoing is a true and perfect list of desperate debts due the said deceased that hath come to her knowledge or possession Certified by Saml Turner Regtr Know all men by these presents that we Rachel Benton, Samuel Ballogender (?) and Charles Wallace of Montgomery County are held and firmly bound unto the State of Maryland in the sum of Eight Hundred dollars to be paid to the State aforesaid or its certain attorney to which payment well and truly to be made, and vow and bind ourselves, our heirs, our executors and administrators firmly , by these presents with our seals and date this sixth day of March one thousand eight hundred and seven. THE CONDITION of the above obligation is such that the aabove named Rachel Benton shall will and truly discharge the duty of her required by law as executrix aforesaid without any --?-- or damage to any person interested in the faithful performance of the said office than the above obligation held --?-- and it is therefore to be in full force and virtue in law. Signed sealed and delivered in the presence of -?- Holland Rachel Benton (her mark) Samuel B----?--- Charles Wallace LDS Film # 14, 232 Montgomery County, MD Wills 1802-1810 copied 6 Aug 1994 ----------------------- Headers -------------------------------- Return-Path: Received: from relay25.mail.aol.com (relay25.mail.aol.com [172.31.109.25]) by air19.mail.aol.com (v36.0) with SMTP; Fri, 28 Nov 1997 09:47:10 -0500 Received: from mailhost.azstarnet.com (mailhost.azstarnet.com [169.197.1.8]) by relay25.mail.aol.com (8.8.5/8.8.5/AOL-4.0.0) with ESMTP id JAA15081 for ; Fri, 28 Nov 1997 09:47:08 -0500 (EST) Received: from hp-customer (dialup14ip56.tus.azstarnet.com [169.197.36.184]) by mailhost.azstarnet.com (8.8.5-nerd/8.8.5) with SMTP id HAA28320 for ; Fri, 28 Nov 1997 07:47:02 -0700 (MST) X-Sent-via: StarNet http://www.azstarnet.com/ Message-ID: <347ED921.1304@azstarnet.com> Date: Fri, 28 Nov 1997 07:45:53 -0700 From: "Ellen M. Crawford" Reply-To: emcraw@azstarnet.com X-Mailer: Mozilla 3.01C-KIT (Win95; U) MIME-Version: 1.0 To: parooter@aol.com Subject: Re: Joseph Benton Will, Montgomery Co MD References: <347CEBC8.3815@azstarnet.com> <19971127.100546.12014.2.mdgenweb@juno.com> <347ED6D3.10AF@azstarnet.com> <347ED806.26DB@azstarnet.com> Content-Type: multipart/mixed; boundary="------------59056CD6150C"