Wills: Joseph Benton, 1807: Montgomery County, MD Contributed for use in USGenWeb Archives by Mollie Merrick King, molliek@aol.com ************************************************************************ USGENWEB ARCHIVES NOTICE: These electronic pages may NOT be reproduced in any format for profit or presentation by any other organization or persons. Persons or organizations desiring to use this material, 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. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. http://www.usgwarchives.net *********************************************************************** Note: This was already submitted with much more detail by another genealogist, but I believe I was able to make out a few more words to add to her transcript. Transcript of will from Montgomery County Wills, Liber F, folio 5-7, as follows: 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 20th day of July 1803 do make and publish this my last will and testament in manner following. Item -- I give and bequeath unto my well-beloved wife Rachel Benton a negro man named Cooke, also Hannah and her daugher Flora, also a negro girl named Lucky. I gie the above named negros and their increase to my wife her heirs and assigns for ever. Also two feather beds.. Also the plantation utensils and house furniture, also four cows and calves to her her heirs and assigns for ever. Item -- I give and unto my two sons Nathaniel Offutt Benton and Leavon Benton six negroes, namely Leathey, Aleck, James, Abraham, Anthony and Henny. Also two feather beds with bedsteds and furniture, two desks, two walnutt tables, two chests one dozen pewter plates, two dishes and two basons, two Iron potts. 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 Leavon, 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 fo 21 years in that case the survivour 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 21 years of age. It is my will and desire that my 11 children by my first wife shall each have 10 pound current money namely Joseph Benton, William Benton, Mordecai Benton, Erasmus Benton, Benjamin L. Benton, Nathan Benton, Hezekiah Benton, Marian Sedwick, Elizabeth Ford, and as my son Thomas and my daughter Ann Sedwick are both dead its my desire that their shares shall be equally divided amongst their children. Its 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 legacies 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 youngest 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 of to them at the northwest end of my dwelling plantation next to Captain John Run. Its my will that there be an equal division of the money arising from the other eleven shares of 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 21 in that case they shall possess all my lands and improvements I am now possesst with till they arrive to the age of 21 years. Last, 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 mentioned signed sealed and delivered by Joseph Benton. Witnessed by James Wallace, Samuel Bellagruder, Walter Magruder. Presented for probate March 6, 1807, by the witnesses, with the following codicil: Item - It is further my will and desire, not revoking of any part of the within will that all that part of portion of land part of Douler park which I bought of Patrick Magruder as will appear by my bond jointly with Samuel Bellagruder for the purchase money and a part of a tract of land called Trouble Enough containing 47 acres which was bought of Samuel Bowen Magruder should descend unto my two sons Nathaniel O. Benton and Levin Benton and their heirs forever it being understood that the above described lands were bought by my two sons Nathaniel O. Benton and Levon Benton and having passed my bond jointly with Samuel Bowen Magruder it being intended as their security for the payment of the purchase money to Patrick Magruder and my bond solely to Samuel Bower Magruder of 47 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 fixt my seal this 21st day of July 1803. witnessed by James Wallace, William Wallace, Charles Wallace. Presented March 6, 1807 by James and Charles Wallace.