Will of James Whittington

In the name of God, Amen, I James Whittington of Somerset County, in the State of Maryland, being weak of body but of sound and disposing mind, memory and understanding, considering the certainty of death, and the uncertainty of time thereof, and being desirous to settle my world- ly affairs; and thereby be the better prepared to leave this world when it shall please God to call me hence, do therefore make and publish this my last will and testament in manner and form following; that is to say, First and principally, I commit my soul into the hands of Almighty God, and my body to the earth, to be decently buried at the discretion of my executor hereinafter named, and after my debts and funeral charges are paid I devise and bequeath as follows, Item, I give and devise unto my wife Sally Whittington my plantation whereon I now dwell, known by the name of Whittingtons Conclusion, during her natural life or widowhood; and after her decease or marriage, I give and devise unto my son William C. Whittington all of my said land lying to the south and west of a persimmon near the mouth of a ditch up the County road from my gate, to him and his heirs and assigns forever; and unto my son Thomas E. Whittington all of my said land from the persimmon near the mouth of said ditch along the County road, up to a certain place called the Hickories to him his heirs and assigns forever; and unto my son Littleton Whittington all of my said land on the north and east side of the said Hickories along the County road, to him his heirs and assigns forever; and I further direct my said three sons William, Thomas and Littleton in equal proportions of one third by each to pay to my son Isaac twelve months after the death or marriage of my said wife, a sum equal to one fourth of the value of my said lands, and the same is hereby charged upon the said lands so as aforesaid devised according to the proportions payable by each. Item, I give, and bequeath unto my wife Sally Whittington one third part of all my personal estate, to her, her heirs and assigns forever; I devise and bequeath all the rest and residue of my estate, to be equally divided among my sons William, Littleton, Isaac, and Thomas, to them their heirs and assigns, in equal portion, share and share alike. And lastly, I do hereby constitute and appoint my son William C. Whittington to be sole executor of this my last will and testament revoking and annulling all former wills by me heretofore made, ratifying and confirming this, and none other to be my last will and testament. In testimony whereof I have hereunto set my hand, and affixed my seal this twenty seventh day of April in the year of our Lord one thousand eight hundred and forty nine. James Whittington (Seal) Signed, sealed, published and declared, by James Whittington 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 thereto, Joshua R. Handy, George W. Lankford, William Adams. Somerset County to wit: September 25th 1849. Then came William C. Whittington and made Oath on the Holy Evangely of God, that the foregoing instrument of writing is the true and whole last will and testament of James Whittington late of Somerset County deceased, that hath come to his hands or possession, and that he doth not know of any other, Before S. M. Jones Reg W. S. C. Somerset County to wit: September 25th 1849. Then came Joshua R. Handy and William Adams two of the subscribing witnesses to the foregoing last will and testament of James Whittington late of Somerset County, deceased, and severally made oath on the Holy Evangely of Almighty God, that they did see the Testator therein named, sign and seal this will, 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 each of their apprehensions of sound and disposing mind, memory and understanding, capable of executing a valid contract, and that they subscribed their names as witnesses to this will in the presence and at the request of the Testator, and in the presence of the other subscribing witness. They further deposed that they did see George W. Lankford subscribe his name as a witness to this will, in the presence and at the request of the Testator. Recorded in Liber J. P. No 5 folio 162. Test S. M. Jones Reg W. S. C. Before S. M. Jones Reg W. S. C.