Will of Joseph STALEY (of Jacob) (1808); Frederick County, MD

Contributed to the USGenWeb Archives by Sharon L. Casteel 
<castiron@the-casteels.com>

http://www.usgwarchives.net/copyright.htm
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Will of Joseph Staley (of Jacob), 4 February 1808

In the Name of God Amen I Joseph Staley, (of Jacob) being sick and weak of Body 
but of sound and disposing mind memory and understanding and capable of 
Executing a valid Deed or contract considering the certainty of Death and the 
uncertainty of the time thereof and being desirous to settle my worldy affairs 
before it shall please Almighty 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 principally and first of All I commit my soul into the hands of Almighty God 
and my Body to the Earth to be Buried in a decent and Christian like manner at 
the discretion of my Executor hereinafter named and after my Debts and funeral 
charges are first paid and satisfied I Give Devise and bequeath as follows --  
Item I give and bequeath to my beloved wife four of my cows her choice and four 
Beds Bedsteads and Bedding her choice for the use of  the Children who are yet 
living with her and herself and the House Clock and the Chest of Drawers - and 
all the pork and Beef both in Salt and in the Smoke House.  Three Spinning 
wheels her choice and her side saddle, all the flax and the Yarn and Hemp -

Item I give and Devise unto my son Jacob Staley the Tracts of Land I bought of, 
and conveyed to me by Henry Cronise by Deed bearing Date the Twelfth day of 
April one thousand eight Hundred as may appear by reference thereto being had 
which said Tracts or parcels of Land I had long since sold to my said son Jacob 
Staley and for which he has made me a valuable consideration by payment and had 
not heretofore conveyed to him to my said son Jacob Staley and his heirs forever 
as full and effectually as If I had done the same by Deed of conveyance.  And 
Whereas I have heretofore given to my son Jacob Staley, that part of my land 
whereon he now Dwells and conveyed to him by Deed I do therefor now Exclude him 
from receiving any further share of my Estate both real & personal that having 
been conveyed to him by me as and for his full Portion of my Estate - Item It is 
my will and I order and direct my Executor hereinafter named to sell my Tract of 
Land which I bought of and conveyed to me by George Murdock by Deed bearing Date 
the Thirteenth day of June one htousand eight Hundred containing in quantity 
about One Hundred and Eight Acres, at public Sale, and on such Terms as he may 
think most Advantageous and that as soon as he can with convenience after my 
Death and convey the same to the Purchaser or Purchasers thereof as full and 
affectually as I my self could were I present at the doing thereof.  And the 
proceeds of the sale of the said Tract of Land I give and bequeath to my sons 
George Staley Solomon Staley and Moses Staley in Equal Shares share and share 
alike to be paid by my executor to place at Interest for their use as fast as 
the money of the Sale aforesaid shall come into his hands -

Item I give and Devise unto my son Jacob Staley the plantation whereon I now 
Dwell at and for the price of Two Thousand Pounds current Money Exclusive of my 
wifes Thirds or Dower which I desire shall consist of the Dwelling House Garden 
and Other Improvements near the Dwelling and about Twenty five Acres of Land 
clared with the priviledge of fire wood all during her Natural life.  And the 
two thousand pounds aforesaid to be paid by my said son Jacob Staley to my ten 
following named children That is to say to Ann Mary Smith Elizabeth Staley 
Catharine Wachter George Staley, Solomon Staley - Molly Staley, Margaret Staley, 
Moses Staley, Susanna Staley Maria Julianna Staley, in equal shares making to 
each the sum of Two Hundred Pounds current money - which I desire and request 
him to pay in the following manner - One Hundred Pounds to each within one year 
after my death and One Hundred Pounds to each at the Expiration of two years 
after my Death to all my children named aforesaid except Moses, Susanna and 
Maria Julianna who are yet under the ages as prescribed by law, their parts I 
desire my said son Jacob to pay them respectively as they ma arrive at Age - and 
my will is that he pass bonds to hose of age for he sums allotted to each and 
payable at the periods above stated.  Which said plantation whereon I now live 
containing about One Hundred and ninety two Acres more or less, I Give and 
Devise as aforesaid to my said son Jacob Staley his heirs and assigns forever in 
fee Simple he complying and pay to my other children the sums aforesaid and 
letting my wife enjoye for and during her life that part assigned to her for her 
thirds or Dower unmolested - Item it is my will and I order and direct my 
Executor to sell at Public sale all the residue of my personal property and not 
before bequeathed on such Terms as he may deem most advantageous and my money 
and Debts with the said property to form an Aggregate fund, which I give and 
bequeath as follows - One third part therefor to my beloved wife and the residue 
to my children named aforesaid, excluding my son Jacob except what may be 
allowed to him by the Orphans Court or other Tribunal before whom the same may 
be setled, who I hope will give him what is reasonable and proper.

It is my will also that my son Jacob retain out of the personal first of all the 
sum of Fifty pounds for the purpose of schooling my three youngest children and 
the Balance of any that may be left to be Divided among the said three children 
equally and Lastly I nominate and appoint my said son Jacob Staley my sole 
Executor of this my last will and Testament ratifying and confirming this and 
none other Annulling and revoking all former wills by me howtofore made In 
Witness Whereof I have hereinto set my hand and affixed my Seal this fourth day 
of February one thousand eight hundred and Eight

Signed Sealed Published and Declared by Joseph Staley of Jacob the Testator as 
and for his last will and Testament in the prescence of us who at his request 
and in his prescence have Subscribed our names and all in the presence of each 
other -
William Bottenberg  Jacob Wussli [?]  John Staley

Frederick County to wit on the 7th Day of February 1808 then came Jacob Staley 
and made Oath on the holy Evangels of Almighty God that the forgoing instrument 
of writing is the True whole will and Testament of Joseph Staley late for 
Frederick County, Deceased that hat come to his hands and possession and that he 
doth not know of any other.  Rich. Butler Regr.

Frederick County to wit on the 7th day of February 1808 then came William 
Bottenberg, Jacob Staley, and John Staley the three subscribing witnesses to the 
foregoing last will and Testament of Joseph Staley late of Frederick County, 
Deceased and made oath on the holy Evangels of Almighty God that they did see 
the Testator therein named Sign and 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 all in the presence of each other.  - Rich. Butler Regr.