Will of Ignatius MATTINGLY (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. ************************************************************************ Ignatius Mattingly Will Signed: April 4, 1837 Codicil Signed: April 4, 1837 Proved: March 6, 1839 The Last Will & Testament OfIgnatius Mattingly In the name of God, Amen. I Ignatius Mattingly of Saint Mary's County in the State of Maryland being weak in body and advanced in years, but of sound and disposing mind, memory and understanding; considering the certainty of death and the uncertainty of the time thereof, and being desireous to settle my wordlly affairs and thereby be the better prepared to leave this world when it shall please God to call me hence, do therefore make and publish this my last Will and Testament, in manner and form following, that is to say---- First; and principally, I command my soul to the hands of Almighty God and my body to the earth to be decently buried at the discretion of my Executors herein after mentioned. Item; It is my will and desire that my funeral expenses and all my just debts should be paid by Executors as soon as they can uise the funds out of my property conveniently without a sacrifice----Item; I give and bequeath to my Daughter Catherine Mattingly(note: the word Mattingly is crossed out) one Cow and Calf; such as she may choose out of my stock, also one bed, bedstead and furniture, which she has heretofore claimed; I do also give and bequeath to my said Daughter Catherine whatever she my have made, or, may make since my other children left me( which was in Janry eighteen hundred and thirty two) in beding or any other articles of household furniture, also the Poultry and the proceeds thereof clear of any claim from any other person whatsoever--- It is my Will and desire that should my daughter Catherine be unmarried at my decease, that she should take sufficient Corn & Meat out of what I may leave, to serve her twelve months thereafter------Item; I give and bequeath to my Daughter Mary Rosetta Edwards (wife of Howton Edwards) her next choice of one Cow & Calf out of my stock-------Item; It is my wish and desire, that fair valuation should be laid on the land on which I now reside, called and known by the name of Retirement containing one hundred and eighty eight acres, more or less; and that my children choose two good judging men that are competent and by a valuation on it; and that if either and or two of my sons should agree to take the said land at the valuation laid on it (by the men appointed to do the same) he or they shall have the privalige of taking the said land at the valuation laid upon it as above mentioned , by paying, or secureing to be paid to each of my heirs hereinafter mentioned his or her respective part or parts of the valuation of said land; but if my son, or sons shuld not determine to take the said land on the condition herein specified, then the said land to be sold to the highest bidder; and the money arising from the sale thereof to be divided as herein after mentioned------ Item, I give and bequeath to my Daughter Catherine one side saddle and one Chest--Item, It is my will and desire, that all the residue due of my personal and mixed property, also, the Crop growing or in doors shall be sold at publick sale, that are not disposed off. Item, It is my will and desire, that all my Children now living, to wit: Maria Hayden (wife of Joseph)Sarah Matilda Swann (wife of Henry) Edward Mattingly, John Barnett Mattingly, George Sylvester Mattingly, Mary Rosetta Edwards (wife of Howton Edwards) and Catherine Mattingly, and Jane Russell's Children (to receive their Mother's part, as she would, had she lived: and the said Children to receive an equal proportion of the property not disposed off otherwise, or devised. Item, I give and devise to my grandson James, the son of my son James Mattingly, and my grandson John James, son of Elias Brookbank a sum to each, equal to that my other grandchildren; viz. Jane Russell's Children will each separately be entitled to-The parts of which said grand Children, to wit: James Mattingly and John James Brookbank to be held by my Executor herein after mentioned, until grand Children James Mattingly and John James Brookbank shall respectively arrive at age of twenty one years, then their parts to be paid to them respectively by my Executors, but if either or both the named grandchildren, viz James Mattingly or John James Brookbank shall die before they arrive to the age of twenty one years, then his or their portional part to be equally divided between my surviving children------ Lastly, I constitute and appoint my two sons, Edward Mattingly and George Sylvester Mattingly Executors of this my last will and Testament. In Testimony hereof I have hereunto set my hand, and affixed my seal, this the fourth of April, in the year of our Lord one thousand eight hundred and thirty seven. Ignatius Mattingly (((Seal))) Signed, sealed, published and declared By Ignatius Mattingly the above named Testator, as and for his last Will and Testament in the presence of us, who at his request and in his presence, and in the presence of each other, have subscribed our names as witnesses thereto William Shamell, Benjamin Good, James Penn ******************************************************************************** ******************************* Saint Mary's County to wit: The 6th day of March 1839. The last Will and Testament and Codicil of Ignatius Mattingly late of Saint Mary's County deceased, being this day in the (illegible) of the Orphan's Court of Saint Mary's County Exhibited to us for proof, and it appearing (from the affadavit of Edward Mattingly & George S. Mattingly filed) that notice having been given to Catherine Mattingly a daughter of the deceased, and she having assented to the same and there being no objection or caveat made or filed, Thereupon proceeded to take the probate thereto and grant Letters Testamentary accordingly. Certified by G. Combs Regr Wills For Saint Mary's County Saint Mary's County, to wit: The 6th day of March 1839. Then came Benjamin Good and James Penn two of the three subscribing witnesses to the within said Will and Testament of Ignatius Mattingly 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 & Testament; that at the time of his so 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 said Testator and in the presence of the other witness , and also that they did see William Shamwell the other witness to this will subscribe the name in presence and at the request of the said Testator. Certified by G. Combs, Register Wills For Saint Mary's County Saint Mary's County to wit. The 6th day of March 1839. Then came Edward Mattingly & George S. Mattingly and made oath on the Holy Evangels of Almighty God, that the within instrument of writing is the true and whole will & Testament & Codicil of Ignatius Mattingly late of Saint Mary's County deceased, that hath came to their hands or possession, and, that they do not know of any other. Certified by G. Combs Reg. of Wills for Saint Mary's County Codicil In as much as I have given to my daughter Mary Rosetta Edwards (wife of Howton Edwards) a cow and calf in my last Will & Testament above written which upon consideration she has received a Cow & Calf; I do therefore here revoke that part relative to the Cow & Calf bequest to daughter Mary Rosetta Edwards and give it not; as witness my hand and seal this fourth of April eighteen hundred and thirty seven. Ignatius Mattingly (((seal))) Witness William Shamwell Benjamin Good James Penn Saint Mary's County, to wit; the 6th day of March 1839. Then came Benjamin good and James Penn two of the three subscribing witnesses to the within Codicil to the last Will and testament of Ignatius Mattingly late of Saint Mary's county deceased and made oath on the Holy Evangels of Almighty God, that they did see the Testator named sign and seal this Codicil, and that they heard him publish pronounce and declare the same to be a Codicil to his last Will and Testament, that the time of his so 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 witness to this Codicil in the presence, and at the request of the Testator, in the presence of each other, and also that they did see William Shamwell the other witness to this Codicil subscribe the name in the presence and at the request of the said Testator. Certified by G. Combs Register of Wills for Saint Mary's County 166A Filed 6th March 1839 ******************************************************************************** ******************************* Transcribed by Judith A. Burger October 18, 2000 from a photocopy, courtesy Lynne L. O'Brien, of an original court document from Saint Mary's County, Maryland,. The photocopy was good. I made no corrections of any kind. In the first part of the will where the word Mattingly is crossed out, I am unable to determine if it was done on the original document or on the copy of the photocopy.