Wills: Mary Stewart, 1812: Frederick County, Maryland
Probated: 1812
Will Book Vol.6, page 350
Surnames: Stewart
Transcribed from SAMPUBCO copy and contributed for use in USGenWeb Archives by
Sarah Dart <sndgen@mac.com>
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In The Name of God Amen I Mary Stewart of Frederick County in the State of
Maryland being weak in Body but sound in mind and memory (considering it my Duty
as my poor husband Benjn. Stewart has long been Insane and still remains so) to
make some disposal of the property it has pleased god in his providence to bless
me with so that I may do equal Justice to my children. I do therefore make and
Ordain this my last will and Testament in manner and form following to wit in
the first place it is my will and desire that the plantation on which I now live
containing about One hundred and Sixteen Acres be Divided by a line running from
a Stake imediately back of the old and new Dwelling houses which we now Occupy
Strait thus the center of the Vacancy or Passage dividing the Old from the new
house thence runing Strait on to a line of Nicholas Cloppers Land there to
Corner and then running with Cloppers line to a corner between Cloppers Land and
the Land I am now disposing of thence with the line of said Cloppers Land up the
Lane to the Land N Clopper sold to William McBeal then to by and with Beals Land
to a Stake in or near the Branch near unto a Servise bush on the NW Side of my
Dwelling & from thence to the beging and I do hereby nominate and appoint my
friends Joseph M Cromwell and Nicholas Clopper as commissioners or agents to
ascertain the quantity lay of and Value the same which piece or parcel of Land
Supposing it to contain about fifteen Acres more or less including the old
Dwelling House and other appurtenances I give and bequeath unto my five
Daughters Viz. Eleanor, Sarah, Mary, Margaret and Caty equal to them and their
heirs Executors Administrators and Assigns forever.
2d Item the residue of my Land which will Include the new House, Well, Barn &
Supposed to contain about an hundred Acres I give and bequeath to my three Sons
Viz. Jurdon Benjamin and Craven except half an Acre as herein after mentioned
Equal share and share alike as near as practicable to be Valued and Divided by
my friends and Agents Cromwell and Clopper aforesaid and allow them to Adjust
and settle how much money and affix the times of payment that the said Jurdon
Benjamin and Craven shall be bound to pay unto their Sisters, Eleanor, Sarah,
Mary, Margaret and Caty so as to make them Equal Share and share alike as near
as may conveniently be and desiring that the free use of the Waters of the well
and Springs to be mutual among the Brothers and Sisters and the said Jurdon
Benjamin and Craven to put a Sufficient fence around that part of the Land
bequeathed to my Daughters aforesaid
3d Item It is my will and desire anything in the aforegoing to the contrary
notwithstanding that one half an Acre of the One hundred and Sixteen acre Tract
which I now hold and am now Disposing of be marked and laid of by Messrs.
Cromwell and Clopper aforesaid at the Corner between Reids Land Ocupied by
Robert Pickens the property of WM Beall and the Land said Beal purchased of
Nicholas Clopper said half Acre so laid of to be considered as a family and
public Burial Ground forever
4th Item I give and bequeath to my son Jurdon the Bay horse called his also
Saddle & Bridle--
5th Item I Give and bequeath to my son Benjamin the colt he claims called Maria
with Saddle & Bridle--
6th Item I give and bequesah to my son Craven the Colt he Claims called Mercury
with Saddle and Bridle or the value thereof
7th Item I Give and bequeath to my Daughters Sarah Mary and Caty each one Cow
and Calf as near as may be in value to those given to my Daughters Eleanor and
Margaret The Eldest Daughter first chusing and so on and Sarah and Caty each to
keep their own Saddle & no Account taken of their Value. 8th Item I give and
bequeath to my Daughters Eleanor, Sarah, Mary & Caty each a Bed and furniture
equal in Value as may be to the one Given to my Daughter Margaret the Eldest
Daughter taking first choice and so on in Succession
9th Item it is my will and desire that all the remainder of my Goods and effects
be Valued and after paying any just claims and incidental expences they be
equally Divided between my Eight beforenamed children Share and share alike in
Amot. And thereby will and direct that my poor Husband -- Benjamin Stewart be
kindly and Carefully cherished and Supported by all and every of my children and
that each contribute an Equal portion out of their Several Shares toward the
Support and proper Maintenance of their poor Afflicted father Benjamin Stewart--
- Lastly I hereby appoint my son Jurdon Stewart the Executor of this my last
will and Testament and desire him to see that Every part and particular of this
my will be fully and faithfuly executed and performed and in case that in the
Valuation and Division of my Estate my said Agents Joseph M Cromwell and
Nicholas Clopper cannot fully Agree they shall chuse a third person and the
award or Decision of any two of them shall be final-- In Testimony whereof I
have herein to set my hand and seal this 11th day of May Eighteen hundred and
twelve.
Mary Stewart {seal}
Signed Sealed and Delivered in presence of us the Subscribed--
Rebekah Osborn, Samuel Noland, Nicholas Clopper
Frederick County to wit on the 26th day of May 1812 Then came Jordan Stewart and
made Oath on the holy Evangels of Almight God that the foregoing Instrument of
writing is the True whole will and Testament of Mary Stewart late of Frederick
County Deceased that hath come to his hands and possession and that he doth not
know of any other--
Richd. Butler Regr.
Frederick County to wit on the 26th day of May 1812 then came Rebecca Osborn
Samuel Noland and Nicholas Clopper the three Subscribing Witnesses to the
foregong last will & Testament of Mary Stewart late of Frederick County Deceased
and make Oath on the holy Evangels of Almighty God that they did see the
Testatrix therein named Sign and Seal this will that they heard her publish
pronounce and Declare the same to be her last will & Testament that at the time
of her so doing she was to the best of their apprehensions of a sound &
disposing mind memory & understanding that they respectively Subscribed their
names as Witnesses to this will in the presence & at the request of the
Testatrix and all in the presence of each other. Richd. Butler Regr.
This file is located at:
http://files.usgwarchives.net/md/frederick/wills/stewart-m.txt