Location: St. Mary's, Maryland, United States
1809 Ignatius Abell Will, Saint Mary’s County, Maryland, Orphan’s Court, Register of Wills, Book J.J. No. 3, pp. 269-271, 3 November 1809, digital images 311-313 of 590, FamilySearch.org, (: accessed 23 April 2021)
Ignatius Abell’s last will & testament.
In the name of God amen, I Ignatius Abell of Saint Mary’s County, in the State of Maryland, being sick and weak in body, but of sound and ??posing 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 thereof be the better prepared to leave this world where it shall please God to call me hence, do therefore make and publish this my last will and testament, in manner & form following; that is to say, First – I give and bequeath unto my nephew & Godson John Thomas' of the State of Kentucky, one negro woman named Rose to heir this hereof also her four children by names Lewis, Henry, Joe and Sarah until they respectively attain the age of twenty three year – Lewis being now of the age of nine years, Henry Seven, Joe Five and Sarah one and a half years of age, and as they the said Lewis, Henry, Joe & Sarah respectively arrive at the age of twenty three years – my will and desire is that they be set a liberty at those periods and I do hereby at those periods manumit and set free the said Lewis, Henry, Joe and Sarah – also – I give and bequeath unto my said Godson and nephew John Thomas one hundred Dollars current money in lieu of Negro Jim who I wished to give him but Jim’s unwillingness to go to Kentucky has prevented – Then I give and bequeath and my will and desire is that the said negro Jim remain on my now dwelling plantation for the use of the proprietor for the time being – Further my will and desire is that my said nephew and Godson John Thomas shall be at full liberty and my wishes are that he take the said negroes Rose, Lewis, Joe and Sarah away at his discretion at any time . Item. I give and bequeath unto my beloved wife Mary Abell, the rest and residue of my Estate both real & personal (except as above devised) for and during her natural life. Upon her paying the above legacy of one hundred dollars to my said nephew & Godson John Thomas when called for. Item. I give and devise unto my nephew John Thompson of Thomas, after my Wife’s decease my now dwelling plantation to him the said John Thompson of Thomas and the heirs of his body lawfully begotten, and in failure of such heirs there to his sister Elizabeth Thompson to her and her heirs and assigns forever. Item. I give and bequeath unto my niece Elizabeth Thompson aforesaid, a house and home for and during her single life on my now dwelling plantation. Also my will and desire is and I hereby give and bequeath unto my said niece Elizabeth Thompson the sum of one hundred Dollars to be paid to her by my said nephew (her Brother) John Thompson at his entrance & occupation of my said dwelling plantation under the aforesaid devise after my beloved wife’s death. Item. I give and bequeath unto Mary Norriss daughter of William Head? Of Mash a bed and furniture after my beloved wife’s decease. Item. I give and bequeath unto my nephew John Thompson and my niece Elizabeth Thompson all my household furniture and stock of every kind with my plantation utensils (except my cart wheels) to be equally divided between them share and share alike – Item. I give and bequeath unto my said nephew John Thompson my cartwheels – also my will and desire is that after my wife’s decease my negro man Jerry be liberated & set free. Item. My will and desire if that after my wife’s decease my negroes, Peter, Mathew and Mary, serve my nephew & niece John & Elizabeth Thompson for the term of three years – after which time I manumit and set them free – Item, my will and desire is that my negroes (Poll’s two children) Sam and Ann serve my Niece Elizabeth Thompson after my wife’s decease until they respectively arrive at the age of twenty three years of age, after which my will and desire is that they be free and manumitted – Item, my will and desire is that should Poll have any more children during her servitude, that they serve after my wife’s decease, my niece Elizabeth Thompson until they arrive at the age of twenty three years, after which I manumit and set them free. Item, my will and desire is that should there be any money in my possession at my death or any due and owing unto me, that the same belong to my beloved wife – and further should I have left any property of any sort undivised or bequeathed at my death my will and desire is that the same go to and become the property of my said wife – and lastly, I do hereby constitute and appoint my dear wife Mary Abell to be Sole Executrix of this my last will & testament – in testimony whereof I have hereunto set my hand and affixed my seal, this third day of November in the year of our Lord Eighteen hundred and nine.
Signed, sealed, published & declared by Ignatius Abell 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 threreto
[witnesses] Mary Abell, Jane Greewell, E.J. Millard,
Saint Mary’s County to wit, the 13th day of June 1811. There came Mary Abell, Executrix of the Ignatius Abell late of Saint Mary’s County deceased, and made oath on the Holy Evangels of Almighty God that the written Testament of writing is the true and whole Last Will and Testament of the said deceased that hath come to her hands or possession and that she doth not know of any other-
Certified by – James Forrest Rg Wills
For Saint Mary’s County
Saint Mary’s County ?? the 13th day of June 1811. There came Mary Abell widow of Samuel Abell and Enoch Joseph Millard two of the three subscribing witnesses to the aforegoing last Will and testament of Ignatius Abell late of Saint Mary’s County deceased, and severally made oath on the Holy Evangels of Almighty God that they did see that Testator therein names 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 so doing, he was to the best of their apprebei??ons of sound and 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 Testator and in the presence of each other; also that they did see Jane Greenwell the other witness subscribe her name as a witness to the same in the presence and at the request of the said Testator.
Certified by James Forrest Ry Wills
For Saint Mary’s County Saint Mary’s County to wit, the 16th day of July 1811. Mary Abell widow of Ignatius Abell deceased, quit her claim to the bequest made her in the Will of her said Husband and elects to take in lieu thereof her devise or legal share of the said deceased’s estate in the words following to wit.
“I Mary Abell widow of Ignatius Abell late of Saint Mary’s County deceased, do hereby renounce and quit all claim to any bequest or devise made to me by the last Will of my husband, exhibited and proven according to law – and I elect to take in lieu thereof my dower or legal Share of the Estate of my said Husband – given under my hand and Seal this Sixteenth day of July ?? Eighteen hundred and eleven.
Witness present E. J. Millard
To the Register of Wills for St. Mary’s County