Location: Calvert County MD
File contributed for use in USGenWeb Archives by: Karl Whittington firstname.lastname@example.org September 23, 2011, 6:39 pm
Source: Maryland State Archives Written: May 17, 1783
In the Name of God Amen
I Thomas Whittington considering the uncertainty of this Life and being at this time of perfect sound mind and Memory do make and ordain this my Last Will and Testament in manner and form following - -
I Give and bequeathe unto my Son John one half of all my Land and to my son Thomas the other half to be Divided as follows.
To my Son John fifty Acres of Gory Banks and the remainder of his half to be given him out of Maidstone as follows. Eight Acres and one Quarter being half of the Sixteen and half Acres of Land I bought of Samuel Lewin and thirty Eight and half Acres where my Dwelling house stands to be laid off for him so as he may have that part lying next to the main Branch of Halls Creek to him and his heirs forever.
To my Son Thomas all the remainder of my Land that I purchased of Richard & Samuel Lewin the remaining eight and Quarter Acres of the Sixteen and half acres I bought of Samuel Lewin to be laid off so as to join the rest of my said Sons Land and the new house I am now Building shall be included on his part of the Land I have given him and his heirs for ever. If my said son dies without Heirs Lawfully begotten, his part I give and Bequeathe unto my Son Benjamin to him and his Heirs forever
I Give and bequeathe unto my Son Benjamin One hundred and Seventy Seven pounds in Lieu of one third part of my Land the said Money to be paid to him by my Sons John and Thomas out of their parts of their Shares I have given them My Will and desire is that if my Son Thomas die without Heirs Lawfully Begotten, in that case my Sons John and Benjamin shall pay unto my four Daughters One hundred and Seventy seven pounds in twelve Months after his Decease as aforesaid to be equally dividend amongst them If my Son ^John claims any part of Gory Banks as Heir at Law to his Mother in that case he and his Heirs shall make over an equal number of Acres out of Maidstone to my Son Thomas to him and his Heirs forever.
I Give and bequeathe unto my three Daughters Catharine Ann and Elizabeth each one Mare or Horse, one cow or heifer one sow two ewes.
To my Daughter Whililmina one Mare or Horse.
I Give and bequeathe to my Loving Wife all my household furniture to be entirely at her own disposal. My Will and Desire is that she shall not be turned on her thirds but for her to have Liberty to work any part of my Land so long as she remains a widow so that she only works the Land for her Support and for the Support of my three Daughters so long as they shall remain Single
If it should please God to call me out of this Life before I Settle my affairs my Will and Desire is that my Sons John and Thomas shall Sell the Sixteen Acres & half of Land I bought of Samuel Lewin and with the Money arising from the Sale pay of all my Debts of what Nature soever and after my Debts are paid all the remainder of my Estate be equally Divided amongst all my children
My Son Thomas shall suffer and allow my Son John to have a Cart Road thro' his Land to the Eight and Quarter Acres Will'd to my said Son John as aforesaid And I do hearby appoint my Sons John and Thomas Executors of this my Last Will and Testament as Witness my hand and Seal this Seventeenth Day of May Anno Domini 1783
Sign'd Sealed and Acknowledged Thomas Whittington (Seal) in the presence of us Zackariah Child Sampson Crane Thomas Smith
(Died prior to May 1, 1786)
Additional Comments: Additional notes: Thomas Whittington's will is dated May 17, 1783 and was probated May 1, 1786. His oldest son John refused to act as executor:
"I John Whittington one of the appointed Executors in the Last Will and Testament of Thomas Whittington late of Ann Arundel County Deceased do hereby refuse to Act as Executor to said Will, by Virtue of such appointment, and do therefore renounce all my right Title and claim to said Executorship accordingly.
May 1, 1786 Test John Whittington Benjamin Whittington"
This file is located at: http://files.usgwarchives.net/md/calvert/wills/whittington-t.txt