Will of Samuel ABELL, Jr. (1774); 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. ************************************************************************ Samuel Abell, Junr. Signed: July 21, 1774 Proved: July 15 1777 JJ-I Pg. 5-8 Samuel Abell Junr.. Will deceased Maryland, to wit, In the name of God I Samuel Abell Junr. Of Saint Marys County, being in health of body and of sound and perfect mind memory, and understanding but considering the uncertainty of this life, in order to provide for a better, have thought proper to make this my last will and Testament in manner and form following and first of all, I bequeath my Soul to God, and my body at his will and pleasure to the Earth, to be buryed in such decent and Christian like manner as to my executors here after named shall seem meet, and as what Worldly good which the Lord hath been pleased to laud me I have thought proper to dispose of in the following manner Viz. ^ Item I give and bequeath unto my loving wife Eleanor Abell the first Bid (illegible)of Item I give and bequeath to my loving Wife Elleanor Abell the use of one third part of my water Mills, and one third part of the Land Condemned for the Mills use, and one third of my Bolting Mill, and Cotton, and one third part of my Miller negro Daniel, and one third part of all utencials to the said Mills Belonging or in any ways appertaining for and during her natural Life, she paying one third part of all necessary expenses that shall arise thereon.~~~~~~~~~~~~~ Item I give and bequeath to my Grandson Elisha Morgan one Negro Girl called Sarah, and her increase and further will, that if it should please God that this Negro Sarah should die before the said Elisha arrives to age that then there shall be paid him out of my estate a likely Negro Girl of not less than thirteen years of age, in same sort to repair his loss.~~~~~~~~~~~~~ Item I give and bequeath to my Grandson Bennet Wimsatt to be paid him by my executors at the time he arrives to the age of Eighteen years (and not before) one likely Negro girl not less than Thirteen years of age. ~~~~~~~~~~~~ Item. My Just debts being paid, I will and bequeath to my loving wife Ellianor Abell one third part of the Residue of my movable Estate~~~~~ Item. I will that my loving wife Ellianor Abell have the use of one full third part of all Lands I shall die possessed of during her natural Life and in case it should so happen that she should be put to her thirds in the house, I will that she shall have her room and the Bed room , and the Milk house in her third part.~~~~~~~~~~ Item. The foregoing part of my will being performed, I will and bequeath to my Daughter Ellianor, one third part of the Residue of my movable Estate.~~~~~~~ Item. I give and bequeath to my two Sons Samuel Abell and Robert Abell all the remainder of my Estate whether Real or personal whether here or else where, to be equally divided between them and their heirs forever, Item. By this clause I mean to will to my two Sons aforesaid the several Legacies devised by the foregoing part of this will to my wife during her life to be at her death equally divided between them and their heirs forever. ~~~~~~~~~~~~~~~~~~ Item. To the true performance of this my last will and Testament, I nominate Constitute, ordain and appoint my two Sons (?)Samuel Abell, and Robert Abell Jointly wholo and solo executors, hereby revoking all other will or wills by me heretofore made or said to be made, either verbal or in writing, and do here by ordain and appoint this and no other to be my last will and Testament~~~~~~~~ Item I will that no account from my Books shall be claimed against any of my Daughters husbands, any other ways than in discount against any accounts they may bring against me. In witness that the above and foregoing is my last will and Testament, I have hereunto set my hand and affixed my Seals this twenty first day of July anno Quo Domin 1774~~~~~~~~ Sam.l Abell Junr. (((seal))) Signed Sealed published & declared to be his last will & Testament in the presents of us, the subscribers who, in his presents & at his requests Signed our names thereto & (?) in In the presents of each other~~ John Abell, Less. Thomas . Abell Arthur . Abell See forward a Codicel to the above and foregoing will~~~~~~~~~~~~~~~~~~~ A Codicil to the foregoing will~~~~~~~~~~~~~ Item Be it remembered that at the omitted in the foregoing will, it is my will that my two Sons Samuel Abell & Robert Abell, in case it is found to be expedient have liberty to sell four Negros, to pay debts, viz. Ned, Sam, Bess, and Dick or Tom which they think proper.~~ Item do my Mills and the land Condemined for the Mills use will during my wifes Life be the undivided property of my wife Ellianor and my two Sons Samuel and Robert, I hereby will and order that they or any of them shall not under any pretence whatever cut any wood or Timber growing on the Mill Land, and on the South side of the Mill Run, except for the Mills use, nor order nor suffer any person whatever to Cut the same, except half an acre of the Swamp part adjoyning the Mill for air.~~~~~~ Item If any dissance should arise between my wife and my two sons (which God forbid) so that she comes to be thirded in the Land my will is my Sons shall be at all expense of the division, and without any trouble or expence to her lay out the Land exclusive of the Mill Land and that then she shall have her choice, but in the Mill Land they are Joint Tennants, she shall not be thirded.~~~~~ In witness as a Codicil to my last will and Testament, I have hereunto Set my hand and Seal this 21st day of July anno Dom. 1774~~~~~~ Sam Abell Junr. (((Seal))) Signed Sealed published declared to Be a Codicil to the foregoing will in the presents of us, whose names are under written, who Signed our names hereto as witness at his request & in his presents & (?) in the presents of each other~~~~~~~~~~ John Abell S of Saml. Thomas Abell Arthur Abell Saint Marys County Ssn. July 15th 1777. Then came Samuel Abell Junr and Robert Abell and made oath on the holy evangels of almighty God, the within instrument of writing is the true & whole will and Testament of Samuel Abell Junr. Late of Saint Marys County deceased, that hath come to their hands or possession, and that they do not know of any other~~~~~~~~ Certified by Jeremiah Jordan Regr. Wills Saint Marys County for the 15th day of July 1777~~~~~~~~~~~~ Then came John Abell (son of Samuel) Thomas Abell & Arthur Abell the three subscribing witnesses to the within last will and Testament of Samuel Abell Junr. Late of Saint Marys County deceased, and severally made oath on the holy evangels of almighty God that they did see the Testator therein named Sign and Seal this will & Codicil 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 & understanding; and that they respectively subscribed their names as witnesses to this will & Codicil, in the presence, & at the request of the Testator and in the presence of each other~~~~~ Certified by Jeremiah Jordan Reg. Wills On the 19th day of August, 1777, Came Elenor Abell the widow of Samuel Abell Junr, late of Saint Marys County deceased & Quitted her claim to the several legacies & devises made to her in the will of her said husband & elected in lieu there after dower or third or third part of the of the deceased estate Both real & personal~~~~~~~ (Crferd?) Jeremiah Jordan Regr. Will ******************************************************************************** ******************************* Transcribed by Judith A. Burger from a photocopy of an original court document obtained from Norma I. Dawson, Register of Wills of Saint Mary's County, Maryland, December 13, 2000. The photocopy was good, but the writing at times too small and distorted to be legible. I made no corrections of any kind. A question mark indicates the word was illegible or unclear to me.