Wills: John Hurley, 1848: Montgomery County, MD

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molliek@aol.com 

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Transcript from Montgomery County Will Book, Liber HH3, folio 188-193, as 
follows:

In the name of God Amen I John Hurley of Montgomery County in the state of 
Maryland, being sick and weak in body but of sound and disposing mind, memory 
and understanding, considering the certainty of death and the uncertainty of 
the time thereof, and being desirous to settle my worldly affairs, and 
thereby be the better prepared to leave this world when it shall please God 
to call me home, do therefore make and publish this my last will and 
testament in manner and form following.  That is to say, after my debts (with 
the exception of the two hereinafter named) funeral charges and the expenses 
attending the settlement of my estate are paid, and my wife's third of my 
personal estaet taken out, I devise and bequeath as follows:
Item-- In the first place, as I am indebted to my son Nathaniel T, I give and 
bequeath to him my negro boy George, to be taken and considered in payment of 
what I may justly owe him.  And if the value of said boy should not fully 
discharge said debt, the balance of said debt to be paid out of my estate, 
adn if the value of said boy should exceed the amount of said debt, the 
excess over said debt is to be taken and considered as a part of his equal 
one-ninth part of my personal estate, which I hereby bequeath to him.
Item -- As I am also indebted to my son Otho W., I give and bequeath to him 
my negro boy Dick, out of whose value what I may fully owe him is to be paid, 
and the balance of his valuation or the excess of his value above the payment 
of the said debt is to be reckoned as a part of his one-ninth part of my 
personal estate, which I hereby bequeath to him.
Item -- I give and bequeath to my daughter Charity Ann Boswell and her 
children my negro Susan, the value of said negro and the sum of 125 dollars 
and eighty cents, heretofore advanced by me, to be reckoned in her one-ninth 
part of my personal estate, which I hereby bequeath to her, and if the said 
negro and the said sum of 125 dollars and eight cents should be more than her 
equal one-ninth part of my personal estate, she shall account to my estate 
for such excess.
Item -- I give and bequeath to my son Reuben one ninth-part of my personal 
estate.
Item -- I have heretofore advanced to my son William Levi the sum of 365 
dollars, and to my son Obed the sum of 400 dollars, and I now give, devise 
and bequeath to them a tract or parcel of land which I own near Clarksburg in 
Montgomery County aforesaid to them their heirs and assigns forever, as also 
said ninth-parts of my personal estate to each of them, the said advancements 
to be included in their ninth parts respectively according to the amount so 
advanced to each, and the value of the said lot of land containing about 
forty acres to be accounted for equally by them in their said ninth parts of 
my personal estate, and for the excess of the said advancements and the 
valuation of said land over and above their one-ninth parts of my said 
personal estate, they are to retain each one ninth-part thereof and to 
account to my executor for the remainder to be distributed amongst the rest 
of my children equally having respect to their advancement as in other cases.
Item -- I have heretofore advanced for my daughter Sarah Baker the sum of 400 
dollars, and I now bequeath to her the one-ninth part of my said personal 
estate, the said sum so advanced to be reckoned in her said ninth part.
Item -- I have heretofore advanced to my son John who is dead the sum of 58 
dollars.  I hereby give and bequeath to his three children namely John Henry, 
George Benton and Eliza Hurley one ninth part of my said personal estate, the 
said advancement to be reckoned in the said ninth part of my personal estate, 
which is to be equally divided between them and to be paid to them when they 
come of age respectively.
Item -- I have heretofore advanced to my daughter Elizabeth Magruder the sum 
of 350 dollars, and I hereby give and bequeath to her one ninth part of my 
personal estate, the said advancement to be reckoned in her said ninth part 
of my personal estate.
Item -- I give and bequeath to my wife Elizabeth Hurley the farm upon which I 
now reside, containing about 337 acres during her natural life, and after her 
death I give and devise 30 acres part thereof to my daughter Charity Ann 
Boswell to be laid off as follows: the said land to begin at a stone under a 
gum tree near rich Branch and running thence in an easterly direction with 
the line between my land and James Douden's farm until it meets the line of 
Joseph King's farm, then in a westerly direction with the line between my 
land and the said King's to such a point as with a straight line from thence 
to the beginning will contain 30 acres, which said 30 acres of land I give 
and devise to my said daughter Charity Ann Boswell and her children to them 
their heirs and assigns forever, and the remainder of the said land upon 
which I now reside being about 307 acres, I give and devise unto my three 
sons Nathaniel T., Reuben and Otho Hurley, to them and their heirs and 
assigns forever, the said Charity Ann paying out of the said land so devised 
to her after the expiration of one year after she has possession thereof . . 
. the sum to bring equal to one ninth share to the children of said deceased 
son John, in equal parts as they come of age.  and my said three sons . . . 
paying out of the land so devised . . . the one ninth part to the children of 
said deceased son John . . . from one year after they have possession.  ..
Item -- and lastly, I do hereby constitute and appoint my son William Levi 
Hurley to be sole executor of this my last will and testament, revoking and 
annulling all former wills by me heretofore made, ratifying and confirming 
this and none other to be my last will and testatment.  
In testimony whereof I have hereunto set my hand and affixed my seal this 
28th day of November in the year of our Lord one thousand eight hundred and 
forty eight -- 
signed, sealed, published and declared by John Hurley
witnesses Erasmus West, Samuel Connell, John P. Connell

Codicil:
I John Hurley of Montgomery County in the state of Maryland do make and 
ordain this a codicil to my last will and testament heretofore accounted by 
me, bearing date th 28th of November 1848 and hereto annexed, in manner and 
form following: viz,
First -- I nominate and appoint my son Obed to be guardian to the three 
children of my deceased son John, namely John Henry, George Benton, and Eliza 
Hurley, and to have the sole direction and control of the share of my estate 
left to them in my said last will and testament.
Item -- Whereas I appointed my son William Levi sole executor of my last will 
and testament, I now revoke that appointment and do hereby constitute and 
appoint my two sons William Levi and Obed Hurley to be joint executors of my 
said last will and testament, and of this codicil thereto, hereby ratifying 
and confirming every matter and thing contained in my said last will and 
testament, except what is hereby altered and revoked. 
In testimony . . . . 22 April 1850, signed . .  .John Hurley.
same witnesses.

On 27 August 1850, William L. Hurley declined to serve his executorship, 
asking that Obed Hurley take over.  On 2 September 1850, Obed, Elizabeth, 
Nathan T. and William L. bound over 8 thousand dollars toward settling the 
estate.