The Will of Pere Wilmer, 1866, Queen Anne's County, Maryland

Contributed for use in USGenWeb Archives by Cathy Downes [Cathy_Downes@msn.com] 

Copyright.  All Rights Reserved.
http://www.usgwarchives.net/copyright.htm
http://www.usgwarchives.net/md/mdfiles.htm
*********************************************************

PERE WILMER

The will of Pere Wilmer, 1866, Queen Anne's County, Maryland

In the name of god, Amen, I Pere Wilmer of Queen Anne's
County being of sound and disposing mind memory and
understanding do make, publish and declare, this to be my last will
& testament revoking all former wills by me heretofore made and
ratifying and confirming this as my only last will and testament.

Item. It is my will and desire that all the rents of my lands and all
the hire of my negroes for the year in which I shall die shall go to
my Executor as part of my personal estate for the payment of debts
and legacies and I also give to my Executor for the same purpose
the hire of my negroes for the payment of debts and legacies until it
shall be ascertained that there is sufficient sum to pay debts and
legacies without the sale of my negroes or any part of my real
estate.

Item. I give and devise to my nephew Pere Wilmer (Junior), his
heirs and assigns forever the following lands to wit, my home
plantation generally known by the name of "Landsown" composed
of the following tracts of land viz.: "Upper Deal", "Wrights
Chance", "Nats Adventure" & "Hazard" all my land, which I
purchased of Col. John Tilghman Trustee for the sale of the real
estate of John J. ____ (Meirs?) that lies on the north side of the
public road leading from Centreville to Colgans X Roads - also all
that portion of the property which I purchased of Philemon Startt
lying on the north side of public road also my tract of land called
Downes Forrest and Roe's Addition, also the land I
purchased of Ben Thomas, also all the land I purchased of Joshua
Kennard, also all the land I purchased from Robert Wright and
wife and Clinton & Henry Wright also the land I purchased of
Clinton Wright being woodland and any other land which I may
now have adjoining the lands aforesaid which may lie on the north
side of the aforesaid public road, to be held by him the said Pere
Wilmer in fee simple, and I also give and bequeath to my said
nephew Pere Wilmer the following negroes to wit: Charles
Campbell, Frisby Furgusson, John Harris, Joe Williams, Jim
Anderson, Sharp Woodland, Joe Woodland, Charles Handy,
George Handy, Kitty and her children named Jim, Henny, Perry,
and Billy, Luvinia's children, Joshua and Jim Henny, old
Julia - Mary Woodland and her daughter Harriett and young Julia
grand daughter of old Julia, it is further my will and desire that my
negroes shall none of them be sold in any event and be subject to
the first item of this will, and in case of the death of my said nephew
Pere Wilmer without issue that the negroes bequeathed to him be
divided between my nephew Henry Wilmer and my nieces
Margaret & Catherine and the children of my niece Frances
equally, the children to have one fourth part to be divided between
them and I wish and direct that the negroes which may be allotted
to Henry Wilmer and my nieces Margaret M. Lear and Catherine
Emory and the children of my nephew Henry Wilmer and my
deceased niece Frances A. Wilmer as follows one fourth to
Margaret, one fourth to Catherine one fourth to the children of
Henry deed the other fourth to the children of Frances and ___
(their? her?) heirs. But it is my will that whatever may be divided to
my nieces Margaret & Catherine or held in trust for their separate
benefit by the said D.C. Emory during their respective lives for their
use and benefit and after their death to their children in fee simple.
It is also my will and I hereby direct my nephew Pere Wilmer to
pay to my cousin Horace Ringgold for and during the natural life of
the said Horace, eighty dollars annually and in quarterly payments
which I charge upon the lands devised to the said Pere Wilmer and
further that that (repeated in document) my nephew Pere shall
permit the said Horace to have the use and benefit of the house and
lot now occupied by the said Horace with five cords of wood
annually to be delivered at said house, the use of the house and lot
and the supply of wood to continue during the lifetime of the said
Horace - it is further my will and desire that in case it should so
happen that my nephew Pere Wilmer should die before me and I
should not make another will that his wife Issabella shall have her
regular dower in the lands devised to him for and during her natural
life and if he survived me nothing in the will shall operate to deprive
her of her right of dower in his estate.

Item. I give, devise and bequeath to my nephew Pere Wilmer and
his heirs in trust for my nephew Henry Wilmer all the lands I
purchased from Robert C. Baynard, also a lot of land purchased of
George __ (F.?) Mason Trustee for the sale of William
Seth's land, also my farm occupied by __ (G.?) Mullikin,
which embraces all the land I purchased of the heirs of Samuel __
(T.?) Pratt - also a lot of woodland purchased of ___ (D. or Dr.)
James R. Harper adjoining the lands I sold to Samuel R. Clayland,
also all my interest in the granary at the Centreville wharf and also
all the land I purchased of George and Washington Finley now
occupied by William Holland, and it is my will that my said nephew
Pere Wilmer hold all the said lands in trust for the use and benefit
of my nephew Henry Wilmer during the natural life of the said
Henry and that he receive the rents issues and profits thereof and
pay the same for the support of the said Henry Wilmer and his
family, and upon the death of the said Henry I give and devise the
same lands to his children & their heirs equally share and share
alike, to be held however by my nephew Pere in trust for their
separate use and benefit as aforesaid, and it is my will that upon the
death of my said nephew Henry Wilmer living his wife Jane Wilmer
___ (that?) she shall have her dower in said lands during
widowhood as if the same had not been left in trust, and I also give
to my said nephew Pere Wilmer in trust as aforesaid the following
negroes to wit: Isaac, Washington and Rebecca and all her children
the said Pere Wilmer to hold the said negroes in trust for the said
Henry during his life and afterwards for his (Henry's
children) subject however to the first item of this my will and not to
be sold at any time or be liable for the debts of the said Henry or of
his children.

Item. I give and devise to my nephew Pere Wilmer and his heirs in
trust for my niece Margaret M. Lea__ my tavern house in
Centreville and the lot of ground attached thereto including the
dwelling house offices and stables - also my dwelling house in the
city of Baltimore on the corner of Liberty and Lexington Streets,
the said Margaret to receive the rents issues and profits thereof
during her life for the support of herself and children and upon her
death it is my will that if her daughter Eugenia shall be living that the
said property shall go to her and the heirs of her body; but if she
should die without such heirs or should not be living herself at the
death of her mother it is then my will that the said lands shall belong
to her half brother Pere (W.?) Hanson and her half sister Catherine
Hanson & their heirs forever. It is further my will and I hereby
bequeath to my said nephew Pere Wilmer in trust for my niece
Margaret the following negroes, Minty and all her children and
upon the death of the said Margaret in further trust for the benefit
of Pere (W.?) Hanson and Catherine Hanson subject to the first
Item of this my will and not to be sold for their or either of their
debts. It is my will and I do hereby direct that the above property
shall be and continue in the possession control and management of
the said Trustee or such person or persons as he shall appoint
during the life of her the said Margaret and during her life that the
profits thereof shall be paid to the said Margaret and that any
receipts or writings witnessing the payment of such hire, rents,
issues and profits to her the said Margaret and signed by her
(though covert) shall be sufficient discharges for such hire, rents,
issues and profits and not otherwise.

Item 5. I give and devise to Pere Wilmer Hanson and Catherine
Hanson children of my niece Margaret aforesaid and their heirs all
my right, title and claim to the lands in Kent County Maryland
which belonged to their father George Hanson upon condition that
they relinquish their claims against me as their guardian or
otherwise.

Item 6. I give and devise unto my nephew Pere Wilmer and his
heirs in trust for the use and benefit of my niece Catherine Emory
wife of Wm. __ (I.?) Emory all the following lands to wit - my farm
generally called "The Pickering" composed of the following tracts
of land to wit - Abingdon, __________ (Tercester or Lercester)
fields, Pleasant Park, Pleasant Park Addition, Burks Forrest, and
Pratts Chance purchased of Philip Wallis, also a tract of land called
Pratts resolve, also a tract called Pratts Chance and Pratts Lot,
also the land I purchased from the commissioners for the division of
the Heathers Land and also the lands purchase of Thomas B.
Booker, and Sara Turpin, also the farm I purchased of P.B.
Hopper Trustee in the sale of the lands of Samuel Smith, except the
thirty acres of woodland being part of Hazard already devised to
my nephew Pere Wilmer - also the land I purchased of I.K. Cook
and George C. Palmer with all lands I may own adjoining any of
said lands, also the farm I purchased of Dr. Enoch George and
wife, also the farm purchased of the heirs of Solomon E. Wright
sold by commissioners, and also the lands which I hold contiguous
or adjoining the last mentioned tracts included by the road leading
from Colgans X Roads to Ruthsburgh, beginning where my lands
intersect the lands of Daniel Newman and running thence with the
public road aforesaid to Ruthsburgh crop roads and then by and
with the road leading from Ruthsburg to Centreville until it
intersects the land of Joseph K. Cook and then with Cooks land
until it intersects the lands purchased of Dr. E. George & wife
except the lot deeded to the Methodist Protestant Church - also a
piece or parcel of land which I purchased of Daniel Newman
adjoining the lands of Solomon E. Wrights ____ to be held by the
said Pere Wilmer and his heirs in trust for the use of my said niece
Catherine during her life and upon her death I give and devise the
same in further trust for the use of the children of my said niece
Catherine as tenants in common, and I also give and bequeath to
my said nephew Pere Wilmer in trust for my said niece Catherine
and her children the following negroes viz.: John Anderson,
Andrew Johnson, Sally Ann, Henry Chew & Eliza his wife and all
their children & Teney ___ (Pipes?), neither the negroes named
nor their issues to be sold for her or their debts but to be subject to
the first Item of this my will and it is my wish and I do hereby direct
that all said real and personal property so devised and bequeathed
for the use of my said niece Catherine as above shall be and
continue under the control and management of my said nephew
Pere or such person or persons as he may appoint during the
lifetime of the said Catherine and that during her life the hire, rents,
issues ad profits thereof shall be paid to the said Catherine in
person - and that any receipts or writings witnessing the payment of
the same to her and signed by her (though ____) shall be sufficient
discharges for such hire, rent & ___, and not otherwise. And I
further give and bequeath to my said niece Catherine all my
household and kitchen furniture for her sole and separate use
without being subject to the control of her present or any future
husband and without being subject to his debts and also the sum of
x x x x x x x x x x x x (this is how it appears in the will) in money to
be paid to her in person by my Executor for the support of herself
and children in equal quarterly payments during the first year after
my decease and any receipt or writing signed by her shall be a
sufficient discharge.

Item 7. I give and devise to William I. Emory the sum of money
which he owes me and also to Henry Wilmer the sum of money he
owes me.

Item 8. I give and devise unto Lydia, Mary Elizabeth, D. Hopper,
Maggie John and Fannie children of my late niece Frances A.
Emory wife of D.C.H. Emory and their heirs all the following
property to wit: the brick store house in Centreville now in the
occupancy of McKenney ___ on the main street and near the
Court House yard - also the house and lot in Centreville purchased
from John Gordon, also my farm adjoining Ruthsburgh called
Timber Neck purchased of Willaim Kemble and wife, also my farm
now occupied by J.H. Sylvester adjoining the lands of John B.
Thomas and the Alms House property, also my farm occupied by
Daniel Faulkner being all the lands which I purchased of William
Price and I give and bequeath to the said D.C.H. Emory Jr. the use
and benefit of his said children being also the children of my said
niece Frances, the money which I have advanced to him, and also
the sum of seven thousand dollars out of my estate making the sum
of twelve thousand dollars, and it is my will that the lands devised
to the said Lydia, Mary Elizabeth, Hopper, Maggie, John and
Fannie and the said twelve thousand dollars being first invested in
real estate, and the rents issues and profits thereof shall be divided
between them, when and as their aforesaid father shall think proper
and in case of no such division by him then equally share and share
alike, and he is thereby released from any responsibility to them as
their agent to make the investment or distribution, I also give and
bequeath to the said D.C.H. Emory in trust for his said children the
following negroes to wit: Joe Rayal, George Brown, Charles and
Washington purchased of A. Emory, Ann and her children and
Sarah and her children, said negroes not to be liable for the debts
of said children or any of them, but to be subject to the first Item in
this my will.

Item 9. I give and devise to my nephew Pere Wilmer in trust for
Henry Driver son of my deceased niece Mary Elizabeth all the
lands following to wit, all those tracts and parts of tracts of land,
which I hold and own on the south side of the road leading from
Ruthsburgh to Bridge Town and on the east side of the road
leading from Ruthsburgh to Hillsborough, adjoining the lands of the
late Alumby Jump, John B. Thomas & Christopher Wilkinson, now
in the occupancy of James ____ (Fickey?), Cooper Bush, & also a
lot of woodland purchased by J.B. Thomas of Edwin H. Pratt and
the land of the late James Baynard and part of E.H. Matts, Tully
Neck farm also the farm the said Henry now occupies which
embraces the land on the south side of the road that I purchased of
Philemon Starr, also all on the south side of said road (which leads
from Centreville to Colgans X Roads) that I purchased of Col.
Tilghman Trustee for the sale of the real estate of John T, Meirs
called Robinson's farm and ________ (G---fields Additon)
to be held in trust by the said Pere Wilmer for my said grand
nephew Henry Driver his heirs and assigns but if the said Henry
Driver should die without issue living at the time of his death it is my
wish and desire that the lands so devised to him shall be divided
between my nephews Henry Wilmer and Pere Wilmer and my
nieces Margaret M. Lea__ and Catherine Emory and the children
of my late niece Frances Emory the last named taking one fifth -
their heirs and assigns, and in such case the proportion allotted to
Henry, Margarett & Catherine to be held in trust for them as is
provided for in the lands devised above to them - and I also give to
my said nephew Pere Wilmer in trust for the said Henry Driver the
following negroes, Ellen and all her children, boy John and his sister
Ellen, not to be sold or held liable for the debts of the said Henry
or anyone claiming under him but to be subject to the first Item of
this will. It is my will that Elizabeth Driver shall receive from the
land herein devised to Henry Driver the sum of one hundred dollars
annually during her natural life and I hereby charge the same on the
land so devised.

Item 10. I hereby order and direct that my nephew Pere Wilmer
shall pay to his mother Margaret Wilmer annually the sum of two
hundred dollars during her natural life out of the rents and profits if
the lands devised to him the further sum of two hundred dollars as
aforesaid out of the rents and profits if the lands devised to him the
further sum of two hundred dollars as aforesaid out of the rents and
proftis of the land devised to him as Trustee of Henry the further
sum of two hundred dollars as aforesaid out of the rents & profits
of the lands devised to Margarett, two hundred dollars out of the
land's rents & profits devised to Catherine's use
and also one hundred dollars as aforesaid out of the rents and
profits of the lands devised in trust for Henry Driver and that
D.C.H. Emory pay the sum of two hundred dollars annually out of
the rents and profits of the land devised to his children so that the
said Margaret Wilmer shall received annually the sum of eleven
hundred dollars during her natural life from the several sources
named and that said amounts shall be charges upon the lands
respectively, and I will that the said Margarett Wilmer shall be
entitled to a home at Lansdowne in addition so long as she may
live.

Item 11. It is my will and desire that in case of the death of either of
my nieces Margarett and Catherine leaving their husbands, that
their said husbands shall receive during their lives out of the lands
devised to their wives three hundred dollars annually to be paid to
them and no other person and not to be liable for their debts or
subject to attachment and also that the said D.C.H. Emory shall
retain annually during his life the sum of three hundred dollars out of
the rents and profits of the land devised to his children and it is my
will that Luvenia Driver wife of Henry Driver shall be entitled to
dower interest in the lands devised to the use of the said Henry
Driver in the same manner as if the same were devised directly to
him.

Item 12. All the rest and residue of my estate real, personal and
mixed I give and devise as follows viz.: to my nephew Pere Wilmer
one fifth part, to said Pere Wilmer in trust for Henry Wilmer, one
fifth - to said Pere in trust for Margaret McLea_, one fifth to said
Pere in trust for Catherine Emory, one fifth, and to D.C.H. Emory
for his children being also the children of my late niece Frances,
one fifth to be held as the property hereinbefore devised for their
use respectively, and I further will and direct that if my grand
nephew Henry Driver shall die without issue living at the time of his
death that the negroes bequeathed to him shall be divided to the
same persons and in the same manner as the residue of my estate is
directed to be divided, and I also will and direct that the issue of all
the above and foregoing named negroes belong to the persons to
whom the mother belongs and be held in like manner.

Item 13. It is my will and I do hereby authorize the said Pere
Wilmer Trustee of my nieces Margaret and Catherine to sell the
whole or any part of the real estate devised to their use and
reinvest the same upon the like uses and trust if they or either of
them shall request him so to do and that the said D.C.H. Emory
shall also have power to sell the lands devised to his children and
invest the proceeds for them if he shall think proper.

Item. It is my will that my nephew Pere Wilmer Trustee as above
shall not be held responsible except for wilfull negligence and for no
monies that do not actually come into his hands or possession.

Lastly I do hereby constitute and appoint D.C.H. Emory of
Baltimore to be sole Executor of this my last will and testament. In
testimony whereof I have hereunto set my hand and affix my seal
this sixteenth day of August in the year Eighteen Hundred and sixty.

Pere Wilmer (seal)

Signed, sealed, published, and declared by Pere Wilmer the above
named testator as and for his last will and testament in the presence
of us who at his request, in his presence and in the presence of
each other subscribed our names as witnesses thereto.

Lloyd Tilghman

Wm. McKenney

J.L. Goldsborough

(Will shows that there are 10 stamps placed here, each valued at
10.00)

Queen Anne's County, __ May 8th 1866

Then came Lloyd Tilghman, Wm. McKinney and J.L.
Goldsborough, the subscribing witnesses, to the foregoing will, and
made oath on the Holy evangely of Almighty God, that they did see
Pere Wilmer, the within named Testator sign his name to the
foregoing Will, that they heard him publish, pronounce and declare
the same to be his last Will and Testament, that at the time of so
doing he was to the best of their apprehension of sound and
disposing mind, memory and understanding, that they subscribed
their names as witnesses to the said will in the presence of each
other, in the presence of the testator, and at his request.

W.A. Johnson, Reg. Wills for Queen Anne's County

Whereas I Pere Wilmer of Queen Anne's County in the
state of Maryland am desirous to add to and in some respects to
change the provisions of my last will and testament dated on the
sixteenth day of August in the year Eighteen hundred and sixty I do
hereby make this codicil thereto. Whereas since the making of my
said last will and testament I have executed & delivered to my
nephew Pere Wilmer Hanson and my niece Catherine Richardson
wife of William A. Richardson a deed of the farm in Kent County
which I had devised to them, I do therefore now ratify and confirm
the said deed according to its terms and the provisions thereof and
adopt the same in lieu and stead of the provisions in my said will
and the three hundred dollars in said deed provided to be paid to
my niece Margaret A, McLea_ wife of W.H.M. McLea_ is
intended & hereby declared to be given to her and made payable
by said Pere & Catherine in addition to the provisions made for her
in my said will and whereas I omitted to dispose of my negro girl
"Tilly" in my said will I do hereby give and bequeath her the said
"Tilly" unto my nephew Pere Wilmer and whereas also since the
execution my said will several negro children have been born and
others may be born and being desirous to prevent the separation of
families as much as possible it is my wish and I do so direct and
bequeath that the children of my several negro woman born since
the making of my said will or such as may hereafter be born shall
go to and be the property of such of my legatees as are entitled to
the mother & upon the same terms and in the same uses & trust. 

And whereas I omitted to dispose of a small farm in Tuckahoe
which I purchased of and was conveyed to me by Charles Murry
& wife, it is my wish and I do hereby devise that the said farm shall
be sold by my Executor and the proceeds applied as my personal
estate and the residue of my estate.

And whereas since the making of said will I have purchased from
Mrs. Charlotte A. Wright and others about seventy five acres of
land as will more fully appear by reference to their deed dated
April the third Eighteen hundred and sixty three, I do hereby give
and bequeath the said land to my nephew Pere Wilmer and Henry
W. Driver on the same terms and for the same uses, trust and
purposes as stipulated in regard to the other property devised t
them and in their use in my said last will and testament - to be
divided between them as it is now divided by the road leading from
the public road through said land to the woods, all on the west side
of said dividing road I give to my nephew Pere Wilmer, and all the
east side to Henry W. Driver to be held as aforesaid.

And whereas in my said last will & testament the amount intended
to be given to Catherine P. Emory for the support of herself and
family for the year in which I may die is left blank and no sum is
mentioned I now fill up said blank with five hundred dollars and
direct that the said sum of five hundred dollars be paid to her as
there provided.

And whereas the property devised and bequeathed for the use and
benefit of my said niece Catherine P. Emory is devised to Pere
Wilmer my nephew in trust for her and as it is my wish that she
shall have the free and full use of the same, I do hereby direct and
declare that my said niece Catherine shall have the full control and
management of the property so devised and bequeathed for her
use without the interference of any one whatever except my
executor to carry out the provisions intrusted to him in my last will.

With the additions and alterations above specified and particularly
set fourth I do hereby ratify and confirm my said last will and
testament.

In testimony whereof I have hereunto set my hand and affixed my
seal this fifth day of January Eighteen hundred & sixty four.

Pere Wilmer (seal)

Signed, sealed, published and declared by Pere Wilmer the above
named testator as and for a codicil in his last will and testament in
our presence, who at his request and in his presence and in the
presence of each other have hereto set our names as witnesses
thereto.

W. C. Tilghman

C.C. Harper

Wm. McKenney

Queen Anne's County, ___ May 10th 1866

Then came Wm. C. Tilghman, C.C. Harper and Wm. McKenney,
the subscribing witnesses to the foregoing codicil, and made oath
on the Holy Evangely of Almighty God, that they did see Pere
Wilmer, the within named testator sign his name to the foregoing
codicil, that they heard him, publish, pronounce and declare the
same to be a codicil to his last will and testament, that at the time of
so doing he was to the best of their apprehension of sound and
disposing mind, memory and understanding, that they subscribed
their names as witnesses to the said codicil in the presence of each
other, in the presence of the testator and at his request.

W.A. Johnson, Reg. Wills for Queen Anne's County

Queen Anne's County ___ May 10, 1866

Then came D.C. H. Emory the Executor within named and made
oath on the Holy Evangely of Almighty God, that the foregoing
Instrument of writing is the true and whole last will and testament
and codicil of Pere Wilmer, late of Queen Anne's County,
deceased, that has come to his hands or possession, and that he
does not know of any other. 

W.A, Johnson, Reg. Wills for Queen Anne's County