Will of Thomas GILBERT (1793): Frederick County, MD Contributed for use in USGenWeb Archives by Sue Davis <Smgdavis@aol.com> ************************************************************************ USGENWEB ARCHIVES NOTICE: These electronic pages may NOT be reproduced in any format for profit or presentation by any other organization or persons. Persons or organizations desiring to use this material, must obtain the written consent of the contributor, or the legal representative of the submitter, and contact the listed USGenWeb archivist with proof of this consent. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. http://www.usgwarchives.net *********************************************************************** Will of Thomas Gilbert, Frederick Co, MD 4-588 This is the form I Desire & Direct that my law shall be divided into Viz. my son Jeremiah's part is to begin at the end of 20 paces on the giving line of my whole Tract _____ and running S74 1/2 D W of 3 paces to a Stone N29 W15 P to a Stone S64 d W75 P to poplar sapling S71 d W14 P to a Stone N36 d W40P N56 W14 P S69 W40 P to Intorsed the outline of the whole Tract about the end of the 5th line of Zara than with the said outlines round to this first beginning. The part my wife hannah is to have is to begin at the Stone Standing at the end of the 2nd line of Jeremiah's part & Running S65 W24 P to a Stone then S22 E144 P to a Stone standing on the outlines of the whole Tract. Than revorsing said outlines till the come to the beginning of Jeremiah's part & with said part to the beginning & the part where Green now lives is to begin at the same Stone that Hannahs part does & to run with said to the Stone on the outlines as aforesaid and with said outlines Round till it joins Jeremiahs part & reversing said lines to the beginning. This is the last form that I have givon of Dividing my & Suppose it to be the Agreeable with my last Will Witness of my hand this 27th day of July 1793. Thomas Gilbert Present William Startessey Jonathan Stiller =================== Will of Thomas Gilbert, Frederick Co, MD 4-20 In the Name of God Amen I Thomas Gilbert of Frederick County in the State of Maryland Farmer being some what weak in Body but of Perfect mind and memory thanks be given unto God Calling into mind the mortality of my Body and knowing that it is appointed for all men once to die do make and ordain this my last will and Testament that is to say principally and first of all I give and recommend my Soul into the hands of God athat Gave it and my Body I recommend to the Earth to be Buried in decent Christian Burial at the Discretion of my Executors nothing Doubting but at the General resurrection I shall receive the same gain by the might Power of God. And as touching such Worldly Estate wherewith it has pleased God to Bless me in this life I give demise and dispose of the same in the following manner and form--First I give and bequeath unto my dearly beloved wife Hannah Gilbert one negro girl named Cleo she being all the Negroes I now have to be her real right and property to do with her & her increase if any as she shall think fit And I also give my said wife the first choice of all my Moveable Estate after the appraisment to the Amount of her third and as concerning my Lands I also give my said wife that part of Land where my now House in which we now live is built according to the Divisions which I shall show more plain in another paper left with my Executors with all the building and Improvements thereon to be peaceable possessed by her her natural lifetime. I also give unto my said wife all my share of all the crops and Fruit and all other profits comeing to me Yearly from Francis Green my Tenant untill his time is out according to our agreement made in writing my said wife upon this Condition is to pay all Public Taxes that shall come against said Land During said Greens Farm of possession as aforesaid and if the said Green does not comply according to our agreement left in the hands of Jacob Burton he is to be dispossed by my Executors and the part of the place he has to be disposed as hereafter Directed ____ word is to have peaceable possession of the land he now lives on by his performing his part of our Bargain, until his lease is out & then that Tract of Land is be sold and the money disposed of as I shall hereafter Direct. Secondly I give unto my beloved son Jeremiah Gilbert that parcel of Land whereon I now possess according as it is now laid off Beginning for said part at the end of twenty perches on the giving line of my whole Tract reverse & Running as the Courses & Stones now Planted Directs to be his right and Property with all the Buildings & Improvements that belonging I desire that my Debts shall be paid out of my Moveable Estate now concerning the part of Land where my wife lives is to be sold at her Death and all my other Lands except my son Jeremiah's is to be sold when the time is Expired that they are rented out for and at the time the last land is sold and the money got in for it. All my Children and Grand Children that is then living is to have an Equal Part of all the said Lands & what is left of the moveable Estate if any of my Grand children should marry before the Land is all sold my Executors if any of the land is sold is to give them at his Discretion as much money as he Expects will be near to their part so as taking an Account he may give them the rest of their part when the next receives theirs as above said. I also leave five pounds to be paid out of my moveables to Sularg Rotruck or his heirs as soon as my Executors can make it convenient Jacob Burton & Joseph Johnson if he chooses to Act Whom I likewise Constiture make & ordain to be the Executors of this my last Will and Testament And I do hereby utterly disallow revoke and disannul all and every other former Testaments wills legacies bequests and Executors by me in any wise before named willed and Bequeathed ratifying and Confirming this and no other to be my last will and Testament. In Witness whereof I have hereunto set my hand and Seal this 27th day of July in the year of our Lord one thousand seven hundred and ninety three. Thomas Gilbert Signed Sealed published pronounced and declared by the said Thomas Gilbert as his last Will & Testament in the presence of us who in his presence and in the presence of each other have hereto subscribed our hands William Martoney, Jonathan Miller Solomon Miller, Francis Green Frederick County Dec 29th 1794 Then came Jonathan Miller and Francis Green two of the subscribing witnesses to the aforegoing last Will and Testament of Thomas Gilbert late of Frederick County deceased and made oath on the holy Evangels of Almighty God that they did see the Testator therein named sign & seal this will 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 a sound and disposing mind memory and understanding that they respectively subscribed their names as witnesses to this will in the presence and at the request of the Testator and that they did also see Solomon Miller the other subscribing witness sign his name as a witness to said will in the presence and at the request of the Testator and all in the presence of each other. Geo. Murcock Regt.