Will of Francis ABELL (1837); St. Mary’s County, Maryland This file was contributed by Judith Burger. ************************************************************************ * USGENWEB NOTICE: In keeping with our policy of providing free information on the Internet, data may be freely used by non-commercial entities, as long as this message remains on all copied material. These electronic pages may NOT be reproduced in any format for profit or presentation by other organizations. ************************************************************************ Francis Abell Signed: July 25, 1837 Proved: August 11, 1837 The last Will & Testament Of Francis Abell This is the last Will and Testament of me Francis Abell of Saint Mary's County and State of Maryland, as follows. ~~~ After payment of my just debts and funeral charges, I give and devise all my lands, tenements, and hereditaments, and all other my real estate whatsoever and wheresoever situated, to my dear Wife Ann Abell, during her natural life, and at her death to all my children namely, Mary Elizabeth Thompson wife of James R. Thompson Esq. William Cuthbert Abell, Catherine Anne Hebb Abell, Ellen Cecelia Abell, and Francis Joseph Abell their heirs and assigns in fee simple, to be equally divided among them, in equal portions, share and share alike. ~~~~ I give and bequeath all my negroes, money, horses and stock of every description, and all other my personal Estate whatsoever and wheresoever it may be, to my dear Wife Ann Abell during her natural life only, and at her death to all my children as aforesaid, namely, Mary E. Thompson, William C. Abell, Catharine A. H. Abell, Ellen Cecelia Abell and Francis Joseph Abell, to be equally divided among them, in equal portions, Share and share alike. I give to my Executor hereafter to be named, the power of selling any of my personal property of a perishable nature or that may be subject to waste for the benefit of my Estate, if in their discretion and judgements they may think it expedient. The Education of my three youngest children being unfinished and incomplete, I will and direct that my daughters Catharine A. H. and Ellen Cecelia shall receive the benefit of such a course of instruction as is usually taught in the best female Academies, at this time in Saint Mary's County, and that my youngest Son Francis Joseph shall receive the Benefit of a Classical Education and of each other branches of Learning as are commonly taught in the best classical or Latin-Grammer Schools of the Country, and I do hereby confer upon my Executors herein after to be named the power of selling any of my personal property they may think proper in their discretion and judgements, and the money arising from such Sale is to be applied towards the Education and Maintenance of my three youngest children aforesaid, provided the interest and profits arising and occuring from my real and personal Estate should not be sufficient for that purpose; And in case of the death of my dear Wife as aforesaid, before the completion of the Education of my children Catharine A. H. Ellen Cecelia and Francis Joseph, or either of them, then and in that case, I will and direct that any of my personal property as aforesaid may be sold and the proceeds of such Sale shall be applied to the Education, as above directed, of my three youngest children as aforesaid, or either of them, until their, his, or her Education shall be completed; and it is expressly my intention that the expenses and charges to be incurred for the Education and Maintenance of Catharine A. H. Ellen Cecelia, and Francis Joseph are to be considered and understood as exclusive of , and in addition to the respective portions of my real and personal Estate, that each or either of them may be entitled to by virtue of this Will, And in no case are they the said Catharine A. H. Ellen Cecelia and Francis Joseph to be charged for their board, education or maintenance. ~~~~ And lastly, I hereby nominate, constitute and appoint my dear Wife Anne Abell and James R. Thompson my Executrix and 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 Testament. In Testimony whereof I have hereunto set my hand and affixed my Seal this twenty fifth day of July in the year of our Lord eighteen hundred and thirty seven. ~~~~~~ Francis Abell (((Seal))) Signed, sealed published and declared by Francis Abell the above named testator as and for his last Will and Testament, in presence of us, who at his request, in his presence and in the presence of each other, have subscribed our names as Witnesses thereto. ~~~~ John Thompson Thomas E. Dent Enoch Hammett T. J. Franklin ~~~ Saint Mary's County, to wit, The 11th day of August 1837. The last Will and Testament of Francis Abell late of Saint Mary's County deceased; being exhibited to me as Register of Wills for said County this day in the recess of the Orphans Court and James Richard Thompson in right of his Wife Mary E. Thompson a daughter of the deceased attending and making no objections and entering no Caveat, I thereupon proceeded to take the probat accordingly. ~~~~ Test G. Combs Regr. Of Wills for Saint Mary's County Saint Mary's County, to wit, The 11th day of August 1837. Then came John Thompson and Enoch Hammett two of the four subscribing witnesses to the within last Will and Testament of Francis Abell late of Saint Mary's County deceased, and made oath on the holy Evangels of Almighty God that they did see the Testator therein named sign and seal the 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 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; And also that they did see Thomas E. Dent d T. J. Franklin the other witnesses to this Will subscribe the same in the presence and at the request of the said Testator. ~~~~~~~ Certified by G. Combs Regr of Wills for Saint Mary's County Saint Mary's County, to wit, The 26 day of August 1837. Then came Ann Abell and James R. Thompson and made oath on the holy Evangels of Almighty God that the within and (illegible) instrument of writing is the true and whole Will and Testament of Francis Abell late of Saint Mary's County deceased, that hath come to their hands or possession, and that they do not know of any other. ~~~~~~~~ Certified by G. Combs Regr. Of Wills for St. Mary's County. ~~~~~ ******************************************************************************** ******************************* Transcribed by Judith A. Burger March 25, 2001 from a photocopy of the original court record, EJM 1, 365-366-367, obtained from Norma I. Dawson, Register of Wills, Saint Mary's County, Maryland. The photocopy was good, but the writing so small it was almost illegible. I made no corrections of any kind.