Somerset County, Maryland · proved 1697
Contributor: These transcriptions were contributed to Somerset County MDGenWeb by Ed Smith.
Source note: Ed's collection contained two transcriptions of this same Thomas Smith will. Both are preserved here rather than treating them as two different wills.
Transcription
October 6th 1696 In the name of god Amen I Thomas Smith of Somerset
County in the Province of Maryland being sick and weak of body but of
good and perfect Memory and knowing the Uncertainty of this present
life, and being desirous to put things in Order doe Make this my Last
will and Testament in Manner and form following, first and principally I
commend my soul to god Almighty my Creator, assuredly believing that I
shall receive full and free Pardon of all my Sins and be Saved by the
Precious Death & Merits of my blessed Saviour and redeemer Jesus Christ
and my body to the Earth from whence it was taken to be buried after a
decent and Christian Manner by my Exrs hereafter Named, and as touching
what worldly Estate the Lord in his Mercy hath Lent it is my will that
it be bestowed as hereafter is specified -- 2d. It is my Will that what
debts and Duties I owe to any Manner of persons whatsoever be Paid and
Satisfied, within a Convenient time after my decease 3. I leave unto my
son William Smith One hundred Acres of Land of the Tract Hartlebury,
where my now dwelling house and Plantation is reserving My Wifes
interest in my said Plantation during her Natural Life as hereafter
shall be Expressed to my said son Wm Smith and his heirs for Ever 4. I
Leave unto My son John Smith the remainder of the above sd tract
together with a parcel of Land adjoining thereto called Corporals Ridge
to the sd John Smith and his Heirs for Ever 5. I leave unto my son Robt.
Smith a Parcel of Land Called Smiths field bounded as by Alienation doth
Appear to the sd. Robt. Smith and his heirs for Ever 6. I leave unto my
beloved Wife Janet Smith my Now dwelling house And Plantation during her
Natural Life for the good of my sd. Wife and Children and as Touching
what other worldly goods the Lord hath in his Mercy lent me I leave a
third of the Whole to my said Wife to be at her disposing as also What
furniture is now within My sd. house, the remainder or other Two Parts
to be divided and given to my Six Children According to what there is
when they Come to age be it More or Less. And in Case my sd. Wife shall
Continue a Widow it is my will that the two boys Live and Continue with
her while they come to Eighteen years of age, but if she Marry that both
boys and Girls wth what belongs to them be taken from her and that they
choose their Guardians ~ I Leave unto my son Robert the Loom & Gairs &
whatsoever ~ My Long gun, I give Leave unto my son William. and the
Short gun to my son John ~ I Constitute And Appoint my Beloved Wife
Janet Smith and my son Wm Smith to be Exrs: of this my last will &
Testament. disannulling and Making void any former Will or Wills, by me
Made Either by word or write and my friends John Gray & John Brown,
Overseers hereof. In Wittness whereof I have hereunto set my hand and
seal the day & year above Written, ~ Signed Sealed in Presence of Wm
Lane Thomas Smith ~ (Seal) Wm O. Owens his Mark Wm W. Knox his Mark.
Memorandum: that this 20th day of 7ber 1697. Proved this Will by the
Oaths of All the Witnesses. then Sworn Exrs and Exrx: as also the
Appraisers and Granted Lettrs Testamentry. Witness. J. Hopkins. Comry.
(Endorsement: Recorded Liber no K fol: 330. 331.) Recorded in Liber EB
No 5 folio 140. Teste. Ephm Bayly Regr W.S.C.
View the second transcription supplied in Ed Smith's collection
In the name of God Amen I Thomas Smith Somerset County in the province of
Maryland being sick and weal of body but of good and perfect Memory and
knowing, the uncertainty of this present life and being desirous to put
things in order doe make this my last will and Testament in manner and form
following, first and principally I commend my soul to god Almighty my
Creator: assuredly believing that I shall receive full and free pardon of
all my sins and be saved by the precious death and meritts of my blessed
savoir and redeemer Jesus Christ and my body to the Earth from whence it
was taken to be burried after a decent and Christian Manner by my Executors
hereafter named, and as touching what worldly Estate the Lord in his Mercy
hath lent it is my will that it be bestowed as hereafter in expressed
2nd It is my will that what debts and duties O owe to any manner of persons
whatsoever be paid and satisfied, withen a convenient time after my decease
3rd I leave unto my son William Smith one hundred Acres of land of the
tract Kartleberry, where my now dwelling house and plantation is reserving
my wifes interest in my said plantation during her Natural is life as
hereafter shall be expressed to my said son Wm. Smith and his heirs forever
4th I leave unto my son John Smith, the remainder of the above sd. tract
together with a parcell of land adjoining there to called Corporalls Ridge
to the sd. John Smith and his heirs forever
5th I leave unto my son Robert Smith a parcell of land called Smiths Field
bounded as by a Plantation doth appear to the sd. Rob. Smith and his heirs
forever_____
6th I leave unto my beloved wife Janet Smith my now dwelling house and
Plantation during her Natural life for the good of my sd. wife and children
and as touching what other worldly goods the lord hath in his Mercy lent me
I leave a third of the whole to my said wife to be at her disposing as also
what furniture is now withen my sd. house, the remainder or other tow parts
to be divided and given to my six children according to what there is when
they come to age be it more of less and in case my sd. wife shall continue
a widow it is my will that the tow boys live and continue with her while
they come to eighteen years of age. But if she marry that both boys and
girls with what belongs to them be taken from her and that they choose
their guardians ___
I leave unto my son Robert the loom and gairs and whatsoever - My long gunn
I leave unto my son William and the short gunn to my son John___
I constitute and appoint my beloved wife Janet Smith and my son Wm. Smith
to be Executors of this my last will and testament disanulling and making
void any former will or wills by me made either by word or write and my
friends John Gray and John Brown, overseers hereof In witness whereof I
have hereunto set my hand and seal the day and year above written____
Signed Sealed in Presence of
Wm. Lorn
Wm. O. Owens
His mark Thomas Smith ~ Seal
Wm. W. Knox
His mark Memorandum that this 20th day of
Sept. 1697 proved this will by the oaths of all the witnesses. Then sworne
Extix. and Exec. As also the appraisers and granted lar[????] Testamentry,
witness
S. Hopkins Dep.Comm
(Indorsement, Recorded Liber No. K folio 330.331)
Recorded in Liber EB No. 5 folio 140 ~
Test. Esme Bayly Regr. W.S.C.