Will of Luke Gardiner

Date: 1673 to 1674
Location: St. Mary's County, Province of Maryland

The following is the complete will and codicil for Luke Gardiner (Gardiner-470), (1622-1674)

Written: 4 Dec 1673 Probated: 12 Aug 1674


In the name of God amen. I, LUKE GARDINER of St. Mary's County in the
Province of Maryland being in perfect health and memory thanks be to
God, but yet Calling to mind the uncertain Condition of the Transitory
Life Do make ordain and Declare this my Last Will and Testament by
these presents. Revoking annulling and makeing void all wills by me
formerly made whither by word of mouth or in writing.
Imprimis I give and bequeath my Soul unto the hands of Allmighty God
that gave it, and my Body to be Decently buried in the Earth according
to the Ceremonies of the holy Roman Catholic Church believing
assuredly that I shall be Saved by the merits Death and passion of my
Redeemer and Saviour Jesus Christ and that at the General Day of
Judgment my Soul Shall be united with joy Eternally to possess the
Kingdom of Heaven prepared for the Elect and Chosen of Allmighty God.
Item my will is that all those Debts and Duties that I owe in Right or
Conscience to any person or persons whatsoever be well and truly
Satisfied and paid or ordered to be paid in Convenient time after my
Decease.

• 
Item I give and bequeath unto the Pastor of the Church at Newtown one
Thousand pounds of Tobacco and unto the Pastor of the Church at Port
Tobacco four hundred pounds of Tobacco and unto the Pastor Living at 
the Governors by name Mr. Massey four hundred pounds of Tobacco and 
unto Mr. Carew Living at the Chancellors four hundred pounds of
Tobacco in Token that I died a Roman Catholic and do desire the
prayers of the holy Roman Catholic Church.
• 
Item I give and bequeath unto my Ever Loving Wife ELIZABETH GARDNER my 
plantation and housing and all that Tract of Land of mine at Canoe
neck for ever and St. Clement's & Land the term of time that I have at 
my Decease in it.
• 
Item I give and bequeath unto my Eldest Son RICHARD GARDNER all that 
Tract of Land Lying on the north Side of Piscadaway Creek in Charles
 County Called by the name of Barberton Manor & with all the houseing 
thereon to him and his heirs for Ever and likewise one of my horses 
the which my said Son RICHARD GARDNER Shall Choose out of all my Stock 
of horses to him for Ever.
• 
Item I give and bequeath unto my next Eldest Son JOHN GARDNER all that 
houseing and Land of mine Lying in the Woods in St. Mary's County
 Called St. John's to him and his heirs for Ever. Except three hundred
 acres thereof which I give and bequeath unto my Son LUKE GARDNER to 
him and his heirs for Ever Injoining my Said Son LUKE GARDNER to take 
his said Three hundred acres of Land on the west Side of a main branch 
Running by the Said Tract of Land Called St. John's unto the head of
 St. Clement's Bay but at which End of the Said Land the Said LUKE
 GARDNER please to take it.
• 
Item I give and bequeath unto my son JOHN GARDNER all my right Title
 and Interest in a tract of Land Lyeing at the head of St. Clement's
Bay Called St. John's Landing to him & his heirs for Ever.
• Item I give
 and bequeath unto my Son LUKE GARDNER all that Tract of Land of mine
Lying near the head of Chaptico Bay Called Hillilee and the landing by
 Chaptico Bay Called Gardners Landing Containing about two acres of 
Ground with all the Marsh that Lyeth opposite to and bequeath unto my 
Son LUKE GARDNER to him & his heirs for Ever all that Tract of Land of 
mine Called Grimditch with the Land thereunto belonging Situate Lying 
and being in Charles County near Mattawoman.

• Item I give and bequeath unto my youngest Son THOMAS GARDNER to Him 
and his heirs for Ever all that Tract of Land of mine that Lyeth up 
the branch of Piscadaway Creek the which I have a Warrant to resurvey 
and to make it up Eight hundred acres and likewise my half of a tract 
of Land that is Betwixt my Brother in Law MR. ZACHARY WADE and to him and his heirs for Ever.
• 
Item my will is that immediately after my Debts that I owe and my 
Legacies aforesaid are paid that then my Ever Loving Wife ELIZABETH
 GARDNER and my fours sons RICHARD, JOHN, LUKE and THOMAS GARDNER make
 Choice of four Sober honest men of their Relations which shall divide 
all my personall Estate whatsoever they Can or may come to the
 knowledge of into five Equall parts all Except that horse afore
mentioned which I have given unto my Son RICHARD GARDNER.
• 
Item my will is that immediately after the Division of my personall 
Estate as aforesaid that my Ever Loving Wife ELIZABETH GARDNER have 
her fifth of my personall Estate the which I give and bequeath unto
 her for Ever and that my Eldest Son RICHARD have immediately his par t
being the fifth part of my personall Estate so divided as
aforementioned the which I give and bequeath unto him and his heirs
 for Ever.
• Item I give and bequeath unto my three Sons JOHN GARDNER, 
LUKE GARDNER, and THOMAS GARDNER to Each and Every of them his fifth 
part of my personall Estate aforesaid to them and their heirs for
Ever.
• 
Item my will is that my Children be not of age until they attain unto 
the age of Eighteen Years and that they be not of age to Sell or give 
any part of parcell of Land until they attain unto the age of twenty 
and five years.
• Item my Will is that Each of my Sons know his own 
particular Estate but not to possess any part of his Estate until he
 attain unto the age of Eighteen Years and not to dispose of or Sell 
any part of his Land until he attain unto the Age of Twenty five Years 
as aforesaid.
• Item my Will is that if any of my aforesaid Children 
Should Chance to dye before he attain unto the age of Eighteen Years
 that then his part of Land and goods shall be Equally divided among 
the rest of his brothers which are alive to them and their heirs for 
Ever.
• Item I do Constitute and appoint my Son RICHARD GARDNER Overseer
 over the Estate of my Son THOMAS GARDNER in the behalf and for the 
profit of him the Said THOMAS GARDNER Until the Said THOMAS GARDNER 
attain unto the Age of Eighteen Years and then the Said THOMAS GARDNER
 to have his Estate in his own possession.
• Item I do Constitute and 
appoint my Son JOHN GARDNER overseer over the Estate of my Son LUKE
 GARDNER when my Son JOHN GARDNER do attain unto the age of Eighteen 
Years and that then he Oversee and Manage his Said Brother LUKE
 GARDNER'S Estate until his Said Brother LUKE GARDNER Do attain unto 
the age of Eighteen Years and then his Said Brother to have his Estate 
in his own possession.
• Item my Will is that my Ever Loving Wife 
ELIZABETH GARDNER and my Son RICHARD GARDNER be Guardians over the
 Estates of my Sons JOHN and LUKE GARDNER until my Said JOHN GARDNER 
attain unto the age of Eighteen Years and then the Said JOHN GARDNER 
to have his Estate in his own possession and be Guardian over his 
brother LUKE GARDNER as aforesaid.
• 
Item my Will is that my three Sons JOHN, LUKE and THOMAS GARDNER be 
kept at School and have Such Education as this Country and their 
Estates afford them Until they Successively attain unto the Age of 
Eighteen years.
• Item my Will is that if in Case my Eldest Son RICHARD
 GARDNER Should dye before my youngest son THOMAS GARDNER cometh to Age 
that then the next Eldest Son with his Mother shall be guardians over 
the Younger and So Successively and if the Mother and all the Elder 
Brothers should dye before the Younger Come to age Aforesaid then I
Constitute & appoint My Brother in Law Major THOMAS BROOKE to be 
Guardian over the Estate of my Youngest Son until he attain unto the
 age of Eighteen Years.


LUKE GARDNER wrote the following codicil to his will:

• Item my Will is
 and I Command all my Children that they be obedient to their mother
and to ask her advice in all their undertakings that are of any 
Consequence and of any Difference should arise amongst them that they
 Choose some Sober honest men among their own Relations to End all
 Differences betwixt them that in no ways they go to Law one with 
another.
• 
Item my will is that if any of my Children before he Cometh unto age 
of Twenty and five years, should prove Irreverent and Stubborn and
 Change his Religion that he be no Roman Catholic that then that part
 of his Land and Goods that doth appear of what I gave him shall be 
divided Equally amongst his Brothers to them and to their heirs for
Ever.
• Item My will is that if my Sons should Chance all to dye before
 they come to age then I give and bequeath unto my Ever Loving Wife
 ELIZABETH GARDNER all my Land and half the moveables belonging before 
to my Said Children to her for Ever and the other half the moveables 
to be given as followeth (viz) one moiety to the Church the other
 moiety to poor people Such as my said wife shall think Convenient to
 give it unto and if my wife and Children should all be dead before any
 of my Children Shall Come to Age then I give and bequeath all my Land 
aforesaid unto my Brother in Law Major THOMAS BROOKE'S his Children 
and the half of my Moveables unto my God Daughter MARY BROOKE and the 
other half of my Moveables to be divided as followeth (vis) one moiety
 to the Pastor of New Town Church and the pastor of St. Mary's Church
 the other moiety to be Divided amongst poor people to whom the Said
 Pastors Shall See fitt. In Testimony of this my Last Will and
Testament I hereunto put my hand and seal the fourth day of December 
in the year of our Lord God One Thousand Six Hundred Seventy and
 Three. <Prerogative Court Wills LIber 1/631

Luke Gardiner Test. Proc. 6, 263 Elizabeth his wife Administration Bond August 12, 1674 Double value of estate

As no executor named in will, dead as intestate.

Thomas Brooke, Zachary Wade, William Hatton and Randall Hanson or any 2 apprs.

Benjamin Solley or John Stone to swear, Widow unable to travel so far as St. Marys.

Thomas Solley and Benjamin Solley to administer the oath to her.

Nov 11, 1674

Richard Gardner son and heir of Luke exhibits an inventory for his mother.

More time asked as there is one Plantation mofre not brought to the iew of the apprs. yet.

November 14, 1674 Test. Proc. t6, 319-20

Commission Returned

Thomas Notley returnes bond he took of Elizabeth in 200,000 lbs. tob.