Montgomery County MD Archives Wills.....Clagett, Henry July 13, 1777 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/md/mdfiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Patricia O'Connor p-oconnor@att.net February 22, 2006, 3:15 pm Source: Montgomery Co., Md Will Bk A, P 22-24 Written: July 13, 1777 Recorded: February 2, 1778 CLAGETT; MAGRUDER; BEALL; PACK; OFFUTT In the Name of God amen, I Henry CLAGETT of Montgomery County, province of Maryland being sick of Body but of good and perfect mind and memory do make constitute and ordain this my last Will and Testament in manner and form following Viz - I give and bequeath unto my son Samuel CLAGETT all that Tract of Land called MAGRUDERS Chance as lies between MAGRUDERS Chance and the main Road that leads from Muddy Branch to Nimian BEALLs, to be held by my son Samuel his heirs or assigns forever - I also give unto my sons Joseph & Zachariah CLAGETTE the Land whereon the widow IRVIN now dwells to be equally divided between them, as also fifteen acres of Land that lies between Joseph CUMTONs & Benjamin HOLLANDS to be equally divided between my two sons aforesaid, Joseph & Zachariah to be held by them, their heirs and assigns forever - I give also to my two sons Hezekiah & Josiah CLAGETTS that Land whereon William PACK now dwells with all the other remaining part of that Tract of Land called the QUINN Orchard that belongs to me to be held by them their heirs and assigns forever - I also give unto my dearly beloved Wife the Tract of Land whereon I now dwell during her natural life as also I give unto my beloved wife all the remaining part of that Tract of Land called CLAGETTS folly excepting what Mordeau [?] OFFUTT is to have by agreement and after my wifes death to be equally divided between my sons, Thomas, Henry & David CLAGETT and I also desire that when either of the three last mentioned of my sons shall be at age then that part of Land called CLAGETTS Folly to be delivered to them and after my Wifes decease to have the whole of the Tract whereon I now live to be equally divided between my last mentioned sons Viz Thomas Henry & David CLAGETTS to be held by them their heirs & assigns forever and when my last three mentioned sons shall have possession of the Lands left them by me, then they shall pay forty pounds common Currency to my two sons Hezekiah and Josiah CLAGETT to be equally divided between them, and it is also my desire that every one of my foresaid Children shall receive their Land as they come to age, and I also desire that there be twenty five pounds Common Currency a piece to my two Daughters Ann & Sarah CLAGETTS to be levied out of my personal Estate more than their equal part - Then the residue of my personal Estate to be divided as the Law directs - and if any of my Children before mentioned should die before the receive their part then their part to be divided amongst the remaining Survivers of my Children And lastly I appoint Constitue and Ordain my dearly beloved Wife Ann CLAGETT and my son Samuel CLAGETT to be my whole and sole Executors of this my last Will and Testament and in case any difference should arise in the division of the Land then the Land to be sold, and the money to be equally divided between them contending - As Witness my hand and Seal this 13th day of July 1777 Henry CLAGETT [seal] Signd Seald and Deliverd in presence of us John FLEMING Zach OFFUTT Peter BENAFT Montgomery County February 2 1778 Then came Ann CLAGETT and Samuel CLAGETT and made Oath on the Holy Evangels of Almighty God, that the within instrument of writing is the true and whole Will and Testament of Henry CLAGETT late of the said County deceased that hath come to their hands or possession and that they doth not know of any Other Certified by Richard WOOTTON Regr of Wills Montgomery County Sct This 2nd day of February anno Domini 1778 Then came John FLEMINGS and Zachy OFFUTT two of the subscribing Witnesses to the within last will and Testament of Herny CLAGETT late of Montgomery County deceased and severally make Oath on the Holy Evangels of Almighty God, that they did see the Testator therein named sign and seal this will and 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 sound and disposing mind memory and understanding and that they and Peter BECRAFT (the other subscribing witness to this last will and Testament) 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 -- Certified by Richard WOOTTON Regt of Wills I further certify that Ann CLAGETT the widow and Samuel CLAGETT the Heir at Law to the deceased were present at the time the above probate was taken and that they did not object to the taking of the same -- Richard WOOTTON R of W Transcribed by Patricia O'Connor p-oconnor@att.net This file has been created by a form at http://www.genrecords.org/mdfiles/ File size: 5.3 Kb