Will of Zachariah 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. ************************************************************************ Zachariah Mattingly Signed: November 27, 1836 Proved: January 17, 1837 Last Will & Testament of Zachariah Mattingly In the name of God, Amen. I Zachariah Mattingly of St. 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 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 commit my soul into the hands of Almighty God, and my body to the earth, to be decently buried at the discretion of my Executor herein after named, and after my debts and funeral charges are paid, and my wifes third taken out, I desire and bequeath as follows. Item Should my dear wife Susan Mattingly choose to take in lieu of her third a Tract or parcel of Land, lying lying and being in Saint Josephs forrest, Saint Mary's County called and known by the name of Great St. Thomas and Little St. Thomas to have & to hold the same for and during her single life, also one negro man named Ignatius, and negro woman named Harriet, all my household and kitchen furniture, except one feather Bed and furniture, which will be otherwise devided hereafter, also one sorrel horse called Tom, one bay mare called Till, one yoke oxen, to be chosen by her out of my drawing steers, five head of cattle, such as she may choose from my stock of cattle, omiting drawing steers, Six head of Sheep, six head of hogs, such as she may choose after the pork is fatted and killed, also two thirds of the pork when killed, and as much fodder & provander as may be sufficient to winter the Stock contained in this Item, also two ploughs and (three?) hoes, and half of the beef on hand at my demise, and a Cart and the sum of thirty dollars Cash, and forty Barrels of long Corn, The same being by us considered appraised equal to one third of my estate, should my dear wife Susan Mattingly, receive the same in lieu of her thirds then this Item to be valid and effectual, but on the contrary should she choose to receive her thirds of the whole estate in preference, then this Item to be null, void and of (no effect?) in law. Item. I give and bequeath to my Daughter Ann Priscilla Mattingly one negro boy named Ignatius. Item. I give and bequeath to my Daughter Susan Mattingly one negro boy (child) named George. Item. I give and bequeath to my daughter Mary Amanda Mattingly, one negro Boy named Hampton. Item. I give and bequeath to my daughter Mary Lucinda Mattingly one negro child named Caroline, nevertheless provided my said daughter Mary Lucinda should not live to arrive to the age of eighteen years, then the said negro Caroline, shall be the right and estate of my son Henry Mattingly. Item. I give and bequeath to my Son Thomas Mattingly, after the death, or intermarriage of my dear wife Susan Mattingly, which ever may first happen, all that Tract or parcel of Land called and known by the name of Great Saint Thomas and little St. Thomas, lying and being in St. Joseph's forrest in Saint Mary's County, to him the said Thomas Mattingly, and his heirs forever, and should my dear wife, Susan Mattingly die before mine & her female children are grown, to wit: Priscilla, Susan, Mary Amanda and Mary Lucinda, Then my Son Thomas Mattingly shall carefully provide homes for them with him,----- Item I give and bequeath to my Daughter Ann Mattingly one negro boy named John and one feather Bed and furniture reserved in the first Item.---- Item. I give and bequeath to my Son Zachariah Mattingly the sum of two hundred and fifty two dollars, to be paid to him the said Zachariah, when he arrives at the age of twenty one years by my Executor herein after named. Item. The Crop of Tobacco that I may die posessed with, my Executor hereinafter named shall apply to the discharge and payment of my just debts. Item. I will and bequeath all that Tract or parcel of Land , called and known by the name of Harrons Hills lying and being Saint Mary's County, adjoyning to Chaptico, and bonding on the North eastern side of Chaptico Marsh or by any other name whatsoever the same may be called, to my five children to wit: Henry Mattingly, William Mattingly, Zachariah Mattingly, Elizabeth Barbara Morgan, and Ann Mattingly, all in equal proportion, to them and their heirs forever. Item. I give and bequeath to my daughter Elizabeth Barbara Morgan , an equal proportion with Henry Mattingly, William Mattingly & Zachariah Mattingly and Ann Mattingly the residue of my Stock not before desired, after taking out all horses and work Steers not as being reserved for another purpose. Item. I give and bequeath to my two Sons Henry Mattingly and William Mattingly the horses and work steers, with the residue of my stock not otherwise desired or disposed of. Item. In consideration of the sum of thirty dollars, should my wife receive in lieu of her thirds as desired in the first item, She (Susan Mattingly my wife) will in the event of my early death take my Daughter Ann Mattingly for one year, without an (aportion?) of Board or any remuneration whatsoever.----- And lastly, I do hereby constitute and appoint my two Sons, Henry Mattingly and William Mattingly to be Sole Executors of this my last Will and Testament, revoking and annulling all former Wills by me heretofore 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 affixed my seal this twenty seventh day of November in the year of our Lord, one thousand eight hundred and thirty sigs. Zachariah Mattingly (((seal))) Signed, Sealed, published and declared by Zachariah Mattingly 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. Edward Turner H. R. Wright Wm. H. Garner Saint Mary's County, to wit: the 17th day of January 1837. The Will of Zachariah Mattingly Late of Saint Mary's County decd. Being exhibited to me for probate in the recess of the Orphan's Court and (William Morgan who married a daughter of the decd.) The next relation of the said deceased, who could conveniently be served with notice thereof having assanted thereto (is assent in writing being filed) and there being no Caveat or objection intended or made to the said Will. I thereupon proceeded to take the probate thereto & to grant Letters Testamentary accordingly Certified by G. Combs Reg. Of Wills for Saint Mary's County. Saint Mary's County, to wit: The 17th Day of January 1837. Then came Henry R. Wright and William H. Garner two of the subscribing witnesses to his within last Will and Testament of Zachariah Mattingly 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 doing he was to the best of their apprehensions of sound & 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 each other. And also that they did an Edward Turner the other witness to this Will subscribe the same in the presence and at the request of the said Testator. Certified by G. Combs Reg. Of Wills for St. Mary's County Saint Mary's County, to wit: The 17th day of January 1837. Then came Henry Mattingly and William Mattingly and severally 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 late of St. Mary's County deceased that hath come to their hand or possession and that they do not know of any other. Certified by G. Combs Reg. Of Wills for St. Mary's County filed 17th Jany. 1837 1590A I the subscriber do hereby agree to take in lieu of my third such property as my Dear Husband Zachariah Mattingly has bequeathed me in his last Will and testament. As Witness my hand and seal this 18th day of January 1837. Susan Mattingly (((seal))) Filed 31st Jany 1837 *************************************************** Transcribed by Judith A. Burger, October 17, 2000 from a photocopy, courtesy Lynne L. O'Brien, of the original court record pages 350, 351, 352 and 353 of Saint Mary's County, Maryland. The book was not noted. The photocopy was good but the writing was extremely small and hard to decipher. I made no corrections of any kind.