Will of Zachariah MATTINGLY (1826); 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. ************************************************************************ Zachariah Mattingly of Luke Signed: March 16 1826 Proved: April 25, 1826 Zach. Mattingly of Luke last Will & Testament In the name of God, Amen. I Zachariah Mattingly of Luke of Saint Mary's County in the State of Maryland, being sick and weak in body but of sound, and disposing mind memory and understanding, considering the certainty of death and the uncertainty of the time thereof and being desirous to settle my worldly affairs, and thereby be the better prepaird to leave this world when it shall please God to call me hence do therefore make and publish his my last Will and testament, in manner and form following; That is to say first and principally I commit my soul in to the hands of Almighty god, and my body to the Earth to be decently buried at the discretion of my Executor herein after mentioned and after my debts and funeral charges are paid I devise and bequeath as follows; First Having a view to the disposial and distribution of my property heretofore made by me, to wit in the yeare of Eighteen Hundred and twenty three among my three children, as follows, Clement Mattingly Thomas Mattingly and my Daughter Julia Ann the wife of Henry Miles Item. It is my will and desire that the said division and disposal of my property, as made by me, boath personal and real to my three children Clement Mattingly Thomas Mattingly and my Daughter Julian the wife of (Henry Miles) and as to them respectively delivered by me, shall be and remain the property of said children (seperately to them and theire heirs and assigns for ever, and I do hereby ratify agree to, and confirm the said division and distribution, in manner and form as it was made and done at that time by me, and as ment mentioned or Intended so to be; and where as at the time of the division and distribution of my property as above mentioned, there was still certain debts, by me owing to sundry persons, the amount or amounts at that time could not be assertained, It is my will that the said debts or amounts, is subsequently assertained, or when assertained shall be come a charge on all my property boath real and personal, as well that which has been respectively delivered, allotted, and given over to them by me, as any property I may have in my possession at the time of my death, that is to say, they shall be paid in Equal share and amount by Thomas Mattingly the heirs of Clement Mattingly and Henry Miles, in consideration of theire having received my property as aforesaid, and before they shall have a share and legal tittle to the property they have respectively received from me. Item. I give and divise unto my son Thomas Mattingly the Land whereon he now lives, (Called Shircliffs, and rome, or By whatsoever name or names the same may be called Including the Mill seat, as also a small piece of Woodland which I purchased of Elenor Baily, and Bennet Saxton Called part of Joshuas plains, and addition to Joshuas plains, or by whatever name the same may be called containing------------thirteen acres and one half or there abouts, to him the said Thomas Mattingly, his heirs, and assigns forever- Item. I Give and bequeath to my said son Thomas Mattingly a note of hand now in suite, drawn by Josiah Turner &c or some of the Turners In faviour of Samuel Jimson of Charles County and by him assigned to me, to him and his heirs and assigns forever, And lastly I do hereby constitute and appoint Thomas Mattingly to be sole Executor of this my last will and testament revoking and annulling all former wills by me 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 afficed my Seal this Sixteenth day of March in the year of our Lord Eighteen hundred and twenty six. Zachr. Mattingly of Luke ((((Seal)))) Signed Sealed and published and declared by Zachariah Mattingly of Luke the above named testator as and for his last will and testament in the presence of us, who at his request in his presence, and in the presence of each other have subscribed our names as witnesses thereto Charles Morgan Ignatius Morgan Nathl. X Knott Geo. Morgan ******************************************************************************** ******************************* Saint Mary's County, to wit The 25th day of April 1826. Then came Thomas Mattingly and made Oath on the Holy Evangels of Almighty god, that the within instrument of writing is the true and whole will and testament of Zachariah Mattingly of Luke late of Saint Mary's County deceased, that hath come to his hands or possession, and that he doth not know of any other. Certified by James Forrest Reger. Of Wills for Saint Mary's County ******************************************************************************** ******************************* Saint Mary's County, to wit; The 2nd day of May 1826. Then came Charles Morgan, Ignatius Morgan, Nathaniel Knott, and George Morgan the four subscribing witnesses to the within last Will and testament of Zachariah Mattingly of Luke late of Saint Mary's 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; 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. Certified by James Forrest Regr. Of Wills for Saint Mary's County ******************************************************************************** ******************************* Transcribed by Judith A. Burger May 31, 2000 from a photocopy, courtesy of Lynne O'Brien, of an original court record from Saint Mary's County, Maryland. The photocopy, was good and the writing legible. The parenthesis containing the name Henry Miles was part of the original document. I made no corrections of any kind.