Wills: Charles Miles, 1842: Montgomery County, Maryland Contributed for use in the USGenWeb Archives by Janice Miles Parker jimjan@magicnet.net ************************************************************************ 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 ****************************************************************************** Last Will and Testament of Charles Miles In the name of God amen, I Charles Miles of Montgomery County and the state of Maryland, being in health of body, and 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 hence, do make therefore, and publish this my last Will and Testament, in manner and form following, that is to Say__ First and principally, I commit my soul into the hands of almighty God, and my body to the earth to be decently buried at the discretion of my Executor herein after named, and after my debts and funeral charges are paid, I devise and bequeath as follows, 1st I give and bequeath, unto, Uriah Miles, Freeborn Garrison Miles, James Hanson Miles, (my three sons), all of my home Mountain Farm, containing about three hundred acres of land, where I now live, more or less to be equally divided between them to share and share alike, in valuation unto them their heirs or assigns in fee simple. Provided either of my said sons should die, before any division should take place, or are disposed of, the past share and portion, shall descent to their heirs, as it may be. 2nd I give and bequeath unto, (my grandchildren) the children of Samuel, all that tract and parcel of land called Cow Pasture, containing about one hundred and sixty acres of land, more or less, which I purchased of Henry Griffith, as a deed in the clerks office of said county, will appear, to be equally divided between them - to share and share alike in fee simple. 3rd I give and bequeath unto my son Allen all that tract of land called Cow Pasture, containing ninety acres of land more or less. I purchased of Arnold T. Windsor as a deed recorded in the clerk's office of said county, unto him, his heirs or assigns in fee simple. 4th I give and bequeath unto my daughter Delilah King ten acres of land whereon she now lives, as laid of it being part of the land aforesaid willed to my son Allen and part of the Mountain Farm. My will is that provided I do not give a deed of conveyance, those of my children, whom I have willed the land shall make her a good deed of conveyance, for the same. 5th I give and bequeath unto my daughters, namely Jemima King, Delilah King, Acona Nelson, Elizabeth Burdit, Rebecca Day, Sarah Swamsley, Casander Trail, Elizabeth Ann Layton all my personal estate, after my debts, funeral expenses and expenses of the administration of settlement of said personal estate, to be divided between them to be equally divided between them to share and share alike. And furthermore the part share and portion of Casander Trail. She shall have no right therein in her own person that her husband shall have any control of whatsoever. But do hereby constitute my son Uriah Miles, Trustee to take charge of all her share and portion of said Casander Trail during her natural life, and pay over unto her all the yearly income and interest. thereof, and for him to dispose of said share to the best advantage he may think proper, by posting it to the interest and as circumstances may be for the best, and after the death of said Casander, I give the past share and portion unto her son Charles Nathan, or whatever he may be called. 6th I give unto my grandson Charles Miles, (the son of my son Charles died) my silver watch. Lastly I do hereby appoint my son Uriah sole executor of this my last Will and Testament, but provided he should resign his executorship, I do appoint William William of John my executor Thereof acknowledging this to be 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 Testament. In testimony whereas, I have hereunto set my hand affixed my seal this twenty fifth day of January in the year of our Lord one Thousand eight hundred and forty two. his Charles Miles Mark Signed, Sealed, published and declared by Charles Miles The above named testator, as and for his last Will and Testament in his presence, and in the presence of each other, Have subscribed our names as Witnesses thereto; Wm. William of John Caleb Lewis John W. Shaw Montgomery County Court: on the 5th day of April 1842 came William William son of John, Caleb Lewis and John W. Shaw all three of the subscribing witnesses to the last will and testament of Charles Miles, late of Montgomery County Deceased and made oath on the Holy Evangel of almighty God that they did see the testator therein named sign and read this will and that they heard him publicly pronounce and declare the same to be his last will and testament and that at the time of so doing he was to the best of their apprehension of sound and disposing mind memory and understanding and that they respectively subscribe their names to this will as witnesses in the preserve and at the request of the testator and in the presence of each other. Certified by James W. Au ? Registrar Charles Miles Will Filed 5th April 1842 By all of the witnesses. Recorded in Liber 426 James W. Au?? Registrar Transcribed from a copy of the original will by Janice Miles Parker August 1997.