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1862: Will of John L Deputy

Privacy Level: Open (White)
Date: 10 Dec 1862 [unknown]
Location: New Castle County, Delaware, United Statesmap
Surname/tag: Deputy
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  1. Date: 10 Dec 1862
    1. Will of John L Deputy [1]
      1. Location: New Castle Hundred, New Castle County, Delaware

Contents

Will

In the name of God Amen. I John L Deputy of the Hundred and County of New Castle in the State of Delaware being of sound and disposing mind and memory do make and publish this my Last Will & Testament as follows, to wit:
Imprimis. It is my will and I do direct that my farm and tract of land situate in the Hundred and County of New Castle containing eighty acres more or less with the appurtenances being the same which I purchased from James T Bird and on which I now reside and also my house and lot in the City of Wilmington in the County of New Castle being the same which I purchased from William McCauley be sold by my executor herein after named for the best price that can be obtained therefore either at public or private sale as my said Executor shall think best, and that my said Executor shall by a sufficient deed or deeds convey the said tract of land and house and lot respectively to the purchaser or purchasers thereof in fee.
Item. I give and bequeath to my wife Mary Deputy the sum of three hundred dollars annually during her life in lien of and in satisfaction of dower out of my real estate, the said annuity to arise from the interest of certain monies secured by the mortgage of lands in Kent County in the State of Maryland and to be paid as herein after provided.
Item. It is my will that the mortgage to the secure payment of the sum of twenty two thousand five hundred dollars which I hold against my two sons; Charles M Deputy and Elias Deputy, upon their lands in Kent County Maryland, and is the same which is referred to in the preceding item: shall not be foreclosed until ten years after my death provided my said sons, their executors, administrators or assigns shall regularly pay the annual interest accruing thereon to the several parties or to my Executor in Trust for them, to whom by this my will, I shall bequeath the said mortgage and monies secured by it.
Item. I give and bequeath to my son Solomon Deputy in Trust for himself and for each of my other children, To wit: Charles M Deputy, Elias Deputy, Anthony Deputy, Samuel Deputy, James KP Deputy, Mary Jane wife of William Gale, Susan wife of Samuel McCall and Elizabeth Deputy, the mortgage for twenty two thousand five hundred dollars which I hold against the farm of my son's Charles M and Elias Deputy in Kent County in the State of Maryland, for the use and benefit of my said children equally share and share alike, with the provison. That out of the annual interest accruing thereupon there shall first be paid to my wife, Mary Deputy, during her life annually the sum of three hundred dollars herein before bequeathed to her and that if the said mortgage shall be paid off during her lifetime that each of my said children shall secure to my said wife during her life, out of such share of the said principal sum, an annuity equal to the one ninth part of three hundred dollars.
Item. I give to my wife Mary Deputy such articles of my household furniture as she may select not exceeding in the whole, the value of two hundred dollars
Item. I give to my granddaughter Catherine Deputy the daughter of my son Elias the sum of five hundred dollars
Item. I give to my grandsons, John the son of Charles M Deputy. John the son of Solomon Deputy, and John the son of Susan McCall, each one hundred dollars.
Item. All the rest and residue of my estate except what I have herein before specifically bequeathed, including the proceeds of sale of my lands, herein directed to be sold, and the proceeds of my personal property not herein before bequeathed, after the payment of all my just debts, funeral expenses, and legacies to my several grandchildren herein before named, I give and bequeath to my children share and share alike and do declare that the Trust reported in my son Solomon, in regard to the mortgage against Charles M and Elias Deputy shall determine whenever the money secured on the said mortgage shall become due and ready to be paid over to the several legacies thereof. Lastly, I do hereby make and constitute my son Solomon Deputy, Executor of this my Last Will & Testament, hereby revoking all former wills by me at anytime heretofore made and do declare this to my Last Will & Testament
In Witness; Whereof I the said John L Deputy have to this my Last Will & Testament, contained in this sheet of paper, set my hand and seal the 10th day of December in the year of our Lord one thousand eight hundred and sixty two
John L Deputy (seal)
Signed sealed published and declared by the above named John L Deputy as and for his Last Will & Testament, in the presence of us, who have hereunto subscribed our names as witnesses thereto in the presence of the said Testator and in the presence of each other
G.B. Rodney
Wm H McCullough
Westleigh Robesson

15 Jan 1863

State of Delaware }
New Castle County } ss
Personally came before me Peter B Vandever, Register for the Probate of Wills and Granting Letters of Administration in and for New Castle County in the State of Delaware. George B Rodney, William H McCullough and Westleigh Robesson, the three subscribing witnesses to the foregoing instrument of writing and being solemnly sworn on the Holy Evangels of Almighty God, did say that they [witnessed] John L Deputy, the testator, sign and seal said instrument of writing and heard him publish, pronounce and declare the same to be his Last Will & Testament, that at the time of his so doing, he was to the best of their belief, of a sound and disposing mind and memory, that it was at his request, in his presence and in the presence of each other that they respectively signed their names thereto as witnesses.
In testimony whereof I have hereunto subscribed my name at New Castle, this 15th day of January A.D. 1863.
Peter B Vandever, Register

Codicil

I John L Deputy, do hereby declare this present writing to be as a codicil to my Last Will & Testament as herein before duly made and executed of the same date hereinwith, and direct the same to be annexed thereto and taken as part thereof as follows:
I hereby declare it to be my intention that the mortgage for twenty two thousand five hundred dollars bequeathed to my son Solomon Deputy in Trust for all my children as mentioned in my said Will shall take effect as a specific bequest and be transferred as soon as the settlement of the residue of my estate will justify it and that when transferred it shall be held by the said Trustee without security.
In Witness whereof I have hereunto set my hand and seal the tenth day of December A.D. one thousand eight hundred and sixty two
John L Deputy (seal)
Signed, sealed, published and declared by the said Testator John L Deputy as a codicil to his Last Will & Testament aforesaid in the presence of us who have hereunto subscribed our names in his presence and in the presence of each other.
Geo B Rodney
Wm McCullough
Westleigh Robesson
State of Delaware}
New Castle County } ss
Personally came before me, Peter B Vandever, Register for the Probate of Wills and Granting Letters of Administration in and for New Castle in the State of Delaware. George B Rodney, William H McCullough and Westleigh Robesson, the three subscribing witnesses to the foregoing instrument of writing and being solemnly sworn on the Holy Evangels of Almighty God, did say that they saw John L Deputy the Testator, sign and seal said instrument of writing and heard him publish, pronounce and declare the same to be a codicil to his Last Will & Testament, that at the time of his so doing he was to the best of their belief of a sound and disposing mind and memory, that it was at his request, in his presence and in the presence of each other that they respectively signed their names thereto as witnesses.
In testimony whereof I have hereunto subscribed my name at New Castle this 15th day of January A.D. 1863.
Peter B Vandever, Register

Research Notes

  1. Son: John Deputy (1828-1851) was not mentioned in Estate records because he was deceased prior to his father's death.

Sources

  1. "Will of John L Deputy". New Castle County Delaware Register of Wills. ancestry.com. Subscription required. (Accessed 29 May 2017)




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