Will of Bennet MATTINGLY (1807); 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. ************************************************************************ Bennet Mattingly Signed: May 15, 1807 Proved: June 9,1807 Bennet Mattingly's p.177 Last Will and Testament In the name of God, Amen. I Bennet Mattingly of Saint Mary's County and State of Maryland being Sick and Weak in body but of Sound and disposing mind memory and understanding, calling to mind the certainty of Death, but the uncertainty of the time thereof, and being desirous to Settle my worldly affairs and and thereby be the better prepared, when it Shall please God to take me----do make and Constitute this my last Will & testament in Manner and form following that is to say----- First and principally, I will my Soul into the hands of Almighty God who gave it, in Sure and certain hope of a happy Resurrection hereafter-----and my Body to be the Earth to be decently buried at the Discretion of my Executors herein named---------and after my just Debts are paid & discharged I will and bequeath as follows-----------Item. I give and bequeath unto my beloved wife Eloisa Mattingly One Negro man named Benjamin One Bay mare called Pigion, three Ewes & Lambs One cow & calf and one feather Bed & furniture to her and her Heirs------- --Item. I give and bequeath to my beloved Son Sylvester Mattingly One Negro man named John, One Sorrel colt three years old and my Bridle and Saddle all my wearing Apparel, three Ewes & Lambs one cow and calf, one good Bed & furniture, and my Hand Mill---but my will and desire is that my wife have the use of Said hand mill during her Single life----- Item. I give and bequeath to the Rev. James Griffin Twenty Dollars to be paid him as Soon as possible after my decease…Item. My will and desire is that the Residue of my personal Estate be devided as follows, One third part to my beloved wife Eloisa Mattingly and the other two thirds to my Son Sylvester Mattingly…but my will and desire is that my wife have the use and possession of the Said Residue untill my Son arrives to the age of twenty years. p.178 Item. I give and bequeath to my Son Sylvester Mattingly when he are arives to the age of Twenty years all that part of my Land I purchased of Mary Edelin being part of a Tract of Land called Howards Mount to him and his Heirs-----Item I give and bequeath to my Dear Wife Eloisa Mattingly All the rest and residue of my land during her natural life, (She paying to my Son Sylvester Ten pounds Current Money every year Untill he arives to the age of Twenty years) and after her decease to my Son Sylvester & his heirs forever--My will and meaning is that my wife have the use of all my real Estate untill my Son arives to the age of Twenty Years, She committing no unnecessary waste & permitting his to repair any of the Houses he may think necessary.-----Item my will and desire is that if my Son Sylvester Should die without Lawful issue then all my Said Land to go to Thomas Mattingly Son of my Brother Zacha. Mattingly and his heirs. ----Finely I hereby constitute and appoint my dear wife Eloisa Mattingly and my friend James Cooke whole and Sole Executrix and Executor of this my last will & Testament annulling all Other wills by me heretofore made Ratifying and confirming this and none Other to be my last will and Testament. -- Benet Mattingly (((Seal))) Signed Sealed published and declared by Bennet Mattingly the Testator herein named, as and for his last will and Testament, in the presence of us the Subscribers who in his pres ence and at his request and in the presence of Each other have put our names as witnesses thereto William X Bradburn Richard Smith James Hayden In the Name of God, Amen I Bennet Mattingly of St. Mary's County do hereby make and constitute this codicil to my last will and Testament as above Executed~~my will and desire is that every clause and bequest in this my last will Shall be and remained as they now Stand Expressed Except the bequest of Twenty Dollars to the Rev. James Griffin, which bequest is hereby Revoked and annulled, In Testimony whereof I have hereunto Set my hand and Seal this 15th day of May 1807. Bennet Mattingly (((Seal))) Witnesses Bernard Spalding Richard Smith James Hayden p. 179 Saint Mary's County, to wit, the 9th day of June 1807 Then Came Eloisa Mattingly and James Cook and made Oath on the Holy Evangels of Almighty God, that the aforegoing instrument of writing is the true and whole will and Codicil of Bennet Mattingly 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. James Forrest Regr Wills for Saint Mary's County Saint Mary's County, Ss, the 9th day of June 1807. Then came William Bradburn and Richard Smith, two of the three Subscribing Witnesses to the aforegoing will, and Severally made Oath on the Holy Evangels of Almighty God that they did See the Testator herein named Sign and Seal this 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 doing he was to the best of their apprehension 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, also that they did see James Hayden the Other witness to Said will Subscribe the Same in the presence and at the request of the Said Testator---And also at the Same Came Bernard Spalding and Richard Smith two of the three Subscribing witnesses to the aforegoing codicil to the last will and Testament of Bennet Mattingly late of Saint Mary's county deceased, and made Oath on the Holy Evangels of Almighty god, that they did See the Testator Bennet Mattingly Sign and Seal the Same, and 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 his Sodoing, 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 Said codicil in the presence and at the request of the Said Bennet Mattingly and in the presence of each other---Also that they did see James Hayden the other witness to Said Codicil, Subscribe the Same as a witness, in the presence and at the request of the Said Bennet Mattingly----- Certified by: James Forrest Regr Wills For Saint Mary's County~~~~ ******************************************************************************** ******************************* Transcribed by Judith A. Burger October 22, 2000 from a photocopy, courtesy Lynne L. O'Brien, of the original court record from Saint Mary's County, Maryland,. The photocopy was good and the writing legible. I made no corrections of any kind.