Location: Calvert, Maryland, United States
Surnames/tags: Weems Wheeler Elzey
Will of James Weems (1778): Calvert County, MD
Contributed for use in USGenWeb Archives by Anne Agee
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Will of James Weems
In the name of God Amen. I James Weems of Calvert County in the State of Maryland Mercht being in perfect health and of sound mind and memory considering the uncertainty of this Life do make this my Last Will and Testament Directing in what manner the Real and Personal Estate which Almighty God hath bestowed on me shall be distributed after my Decease
I give to my son William Loch Weems and his Heirs forever all my Lands in Prince Georges County, all my Lands in Calvert County bought of the heirs of Thomas Edmonds, of Mary Weissman, and James Freeman, also all my Lands in the State of Virginia
I give to my son James Weems and his Heirs forever the Land whereon he Lives and all other my Lands thereto adjoining together with the Water Mill bought of John Waters and also all my Lands near Calvert County Court House bought of Wm Woodward, John Wood, Richard Young, Thomas Tucker Wilson Jnr., G Clagate, the Lands I took up called The Meadows Preserved and my Lot adjoining said Court House.
I give to my Son John Weems and Heirs forever all my right to the land in Anarundel County devised to me by my Dear Deceased Uncle Doctr William Loch and for as much as there is now depending a suit at law concerning the title thereof, it is my Will and desire that my sd son defend the same to the Darnear resort, if needfull, at the expense of my Estate. I also give to him and his Heirs forever my Lott in HuntingTown with all improvements thereon and appurtenance thereto belonging.
Notwithstanding I advanced for my Daughter Susannah Weems after her Intermarriage with Mr. Roger Wheeler her full share of the personal estate I was then possessed of and have lost considerably by administering on that Estate and bringing up their children, it is my will and desire that my Executor sell at publick vendue negro Nell and her Issue and Negro ______ and Issue, if any, also any of the Effects belonging to that Estate not heretofore disposed of and remaining at Cox Town, to which add the sum of Four Hundred Pounds and Divide the whole amongst the Four Sisters equally, to be by each of them kept and given to their children in such proportion as they shall think proper, after they are of age, or married. But whatever I have given or may hereafter advance in my Lifetime shall be considered as a part of the above bequest and discounted out of her or their parts.
Notwithstanding I advanced for my daughter Sarah Weems after her intermarriage with Mr. Samuel Chew, very handsomely, considering the short time she lived with him, It is now my desire that what I further intended for my daughter’s portion shall be paid to my Grandson Samuel Chew, when he shall attain the age of Twenty One Years, Provided his father will then, or before, secure to him and his Heirs forever, at least one equal share of all his Lands and personal effects and have some consideration of the sum he did receive in his mother’s lifetime, in confidence that my said Son in Law will not refuse to comply with the above reasonable request, I hereby bequeath to my afs Grandson, Certificates in the Continental Treasure for one Thousand Pounds and require my Executor to receive the interest yearly after my decease, add it to the principal and pay him the whole when he attains his age as afsd. But if he should die (which God forbid) before he comes to that age; or his father refuse or neglect to make the aforesaid provision for him; in either case it is my will and desire that the afsd Sum shall become part of my Estate
I give to my daughter Margaret Weems Elzey, in Continental Certificates one Thousand Five Hundred Pounds, discounting therefrom only such sums of money as I have heretofore given or may hereafter give her, before my Death. I also give her the Boy Gabriel and his sister Juday, the Choice of my Carriages and my Carridge Horse, also a Horse Saddle and Bridle fit for the Boy to wait on her, and note that Negroes Fancy and Beck, ye plate and Household furniture heretofore given her is not to be acctd as any part of the above bequest.
All the remaining part of my Personal Estate, except the Silver Plate, Viz Negroes, Horses, Cattle, be sold at Publick Vendue and the money arrising therefrom to be put into the Continental or State Treasury and that after my Just debts, Funeral expenses, and [Sigaugs?] are discharged, the remaining sum shall be divided into three equal parts and put into the possession of my three sons to be by them kept in such Treasury and the Interest thereon added to the principal yearly to be by them kept for the benefit of all their Lawfully begotten children and also those that may be hereafter by either of them, and that each of my sons shall pay to their children all the afsd part and Interest in such proportion as they shall think proper after their girls are married and their sons attain the age of Twenty One Years. But if either of my Sons shall neglect so to do in their Lifetimes or by their Last Will devise how they would have it done, It is my will that the same be equally divided amongst them and if either of them should die before they receive their part, such part shall be equally divided amongst the other children of such sons as afsd and no other person shall have any part thereof. It is my desire (if possible) to be Buried by the side of my dear deceased wife, the Mother of all my children, in a decent and private manner and request that none of my family put on mourning for me. I also desire that the Burial place be brickt in, posted and railed or pailed in at the Expense of my Estate, as my Executor shall think proper and request that my Heir hereafter possessing the sd Land shall always keep the same in good repair at his own expense.
Lastly, I appoint my son John Executor of this my Last Will and Testament and desire he will Indulge any of my Debtors who are not able to pay immediately with a reasonable time, upon making such security as is in their power, and where they are very poor, release any part or even the whole if he thinks proper, rather than deprive them of the Necessaries of Life. I request my Executor to compleat every part of the foregoing will with all convenient speed and for his Trouble, to retain in his hands Five Hundred Pounds in lieu of commissions for selling, receiving, or paying.
In Witness whereof I have hereunto set my hand and Seal this 14th November One Thousand Seven Hundred and Seventy Eight.
Signed, Seal’d Published and Declar’d by the said James Weems as his last Will and Testament in the presence of us who have hereunto set our names as witnesses thereto In the presence of the testator and at his request in the presence of each other
Francis Woolf Sampson Crane George Raley
State of Maryland, Calvert County 10th September 1781. Then came Francis Woolf and Sampson Crane the Two Subscribing Witnesses to the within last will and Testament of James Weems late of Calvert County deceased and severally made oath on the Holy Evangels of Almighty God that they saw the testator herein named 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 the apprehensions 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 the presence of the other witnesses.
State of Maryland 10th September 1781 came John Weems and made Oath on the Holy Evangels of Almighty God that he doth not know nor have heard of any other will made by the deceased.
Copied 26 May 1791 as part of a Chancery Case on the settlement of the estate Chancery Case #4931 Maryland State Archives
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