Will of John BAILYE (1751); 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. ************************************************************************ John Bailye Signed: July 20 1751 Proved: March 3, 1752 The Last Will of John Bailey In the name of God Amen I John Bailye of St.Mary's County the province of Maryland being Sick and weak of body but of sound and perfect memory and well considering the uncertainty of this Life I do think it fitt & convenient settle my affairs in order for a better-first and principally I give and bequeath my soul to almighty God my Lord & saviour Jesus Christ by whose meritorious, death and passion I hope to obtain everlasting life, and my body to the Earth to be buried in such decent manner as my Exer hereafter shall, think meet & convenient & for what worldly Goods it has pleased God to Send me I give and dispose of in manner and form following ~~ Impris. Item I give and bequeath unto my son John Ignatius Bailey the House and orchard where he now lives & a slip to take in his water for to same his spring and one third part of my land higher ground and marsh, with that slip to take in the spring, and so down to the marsh by Clement Stratfords & his sisters Land in the narrow slipe from the upper and of my Land to the said marsh one third of my marsh next to sd. Stratfords Land & marsh unto him my sd son John Ignatius Bailey and his heirs for ever, but not to sell or give but to each other, that is to say from the sd John Ignatius Bailye to either of his Brothers James Bailye & John Baptist Bailye if other wise disposed of his all shall be voyde & his part fall to the James & John Baptist Bailye, as also if either James or John Baptist Bailye shall offer to sell there parts to any person than to one of there Brothers, such of them shall loose his Right or property to the sd Land shall be the right property of the other Brothers & their heirs forever.~~~Item I give & bequeath unto my son James Bailye, one other third part of my high Land & marsh nest adjoyning to his brothers John Ignatius Bailye Land to him & his heirs for ever wth Restriction before about selling or giving to be truly observed & one feather bed and furniture & one Ewe & Lamb~~Item I give and bequeath unto my son John Baptist Bailye, the other part of my land next to his uncle James Bailyes with the Restriction on high Land Marsh as before mentioned to be truly observed, which said Land & marsh to him the said John Baptist Bailye & his heirs for ever, Item my will and desire is that if either of my sons, James Bailye or John Baptist Bailye dye without lawful issue that then their part of Land shall fall to my daughter Hennerita Bailye & her heirs for ever, and with the same observations as before~~~Item I give and bequeath to my five children John Ignatius Bailye, Elinor Howard, Mary Bailye, John Baptist Bailye & Henerita Bailye each of them one Ewe & Lamb~~Item I give and bequeath unto my beloved Wife Elinor Bailye all the Rest of my estate and appoint her my wholo and solo Executrix of this my Last Will and Testament Revoking and making void, all other Will or wills, by me heretofore made either Verball or in writing its to be also understood that my three sons before mentioned shall have Equal property & Right to firewood on my said Land and Rail Timbers for their own use but to sell or wast the same. In testimony where of I have here unto set my hand & seal this twentyeth day of July 1751~~~ John Bailye (((seal))) Signed Sealed and delivered & published In the presence of Anne X Fisto James + Bailye Jas Thompson St. Mary's County SS~~~March ye 3rd 1752 Then Anne Fisto James Bailye and James, Thompson the subscribing witnesses to the foregoing will being duly and solomnly sworn on the holy Evangels of almighty God depose and say that they saw the Testator John Bailye, Sign the foregoing will and heard him publish and declare the same to be his Last Will and Testament that at the time of his sodoing he was to the best of their apprehension of sound and disposing mind and memory, and that They subscribed their Respective names as witnesses to the foregoing will in the presence of the said Testator and at his Request~~~~~~~~~ Sworn to before me Tho Aisquith Depty Comissry of St. Mary's County~~~~~~ ******************************************************************************** ******************************* Transcribed from a photocopy of the original court document, Libra T. A. No. 1, p. 284-285, obtained from Norma I. Dawson, Register of Wills, St. Mary's County, Maryland by Judith A. Burger February 7, 2001. The photocopy was good, the writing small but legible. I made no corrections of any kind.