Will of Frederick County, Maryland


Will of James Wells, Frederick County, Maryland
and Bracken County, Kentucky
29 May 1801


In the name of God Amen I James Wells of Frederick County in the State of Maryland but now in Kentucky & being now in health but very infirm & knowing the certainty of death but the uncertainty of the time itself do make ordain & constitute this to be my last will and testament in order to dispose of the worldly concerns which it has been pleased God to entrust me with for the benefit of my children & to keep them from differing about it when I am gone-- And first I desire that my body may be dueatty intered in a plain manner and after any just debts & funeral charges are paid & satisfied I give & bequeath as followeth

Item I give and bequeath to my well [beloved son] Richard Wells all the property now in his hands that should or could be called mine be the same what it may except only one bond he pays to me & not yet due for upward of 100 his first having a credit thereon for a flat he purchases for John Hedges I also give him one shilling considering he has had his full share

Item I give & bequeath to my well beloved son Francis Wells all the property now in his hands that should or could be called mine be the same what it may except only his account whereon he is now due me but not yet settled I also give him one shilling considering he has had his full share

Item I give & bequeath to my well beloved son Robert Wells all the property now in his hands that should or could be called mine be the same what it may (execpt a note I have of his for upwards of 100 I also give him one shilling considering that he has had his full share--

Item I give & bequeath to my well beloved son Joseph Wells all the property now in his hands that should and could be called mine be the same what it may (except a note I have of his the sum I dont know & several receipts & accounts against him now due in the amount I do not know) I also give him one shilling considering he has had his full share

Item I give & bequeath unto my well beloved daughter Rachel Hedges & her husband John Hedges five hundred pounds Pennsylvania Currency to be paid them immediately in Cash or good property as soon as said John Hedges shall make and establish a good & sufficient title for 500 acres of land which my sons Robert & Joseph now lives on which I bought of him & paid him for which he passed me his deed which deed as I hear has been demurred against by his father John Hedges I also give the said John & Rachel his wife one shilling considering that to be their full share

Item I give and bequeath to my well beloved wife Jennet Wells all the property now in her hands in the State of Maryland that should or could be called mine be the same what it may to her her heirs and assigns forever-- & lastly I give and bequeath to my well beloved son James Wells all and every part & parcel be it what it may whether real personal or slaves whether bill of sailed assigned or otherwise previously gave him together with all balance or balances of both real or personal or slaves bonds notes accounts or other Debts that should or could be called mine be the same what it may to him his heirs & assigns forever and I do also appoint him my last mentioned son James Wells to be my whole & sole executor of this my last will & testament as witness my and & seal this twenty ninth day of May 1801--

Signed: James Wells

In witness whereof we the subscribers at the particular request of this said James Wells & in his presence have sen him sign & seal the above & within testament & have signed it as witnesses in presence of each other

Signed: Robert Davis
Dick-n Morris [Dickinson Morris]
Charles McClain

A Codicill to the foregoing Will which is dated twenty nine May 1801--
It is therein stated that I give and bequeath to my well beloved daughter & her husband John Hedges 500 Pens Currency to be paid them emmediatly as therein stated provided that as soon as sid John Hedges shall make and establish a good & sufficient title for 500 acres of land which Robert & Joseph Wells now lives on It is herein intended to provide and I do hereby provide & make it part of my will that in case the said John Hedges shall not or cannot make & secure the aforesaid title to them the said Robert & Joseph Wells as aforesaid that then & in that case that the 500 shall be paid (or the balance thereof which may not be in their hands) unto them the said Robert & Joseph Wells that is to say 250 each & it is my will that the money before mentioned in my will & excepted as due from them to me and any other money or bonds debts or other wise that may be in their hands shall be left and kept in their hands tall the event is known & established any thing in the aforegoing will to the Contrary notwithstandng as witness my hand & seal the above 29th day of May 1801

Signed: James Wells

Signed sealed published and declared in our presense by the testator and at his particular request have signed it as witness in the presense of each other

Signed: Robert Davis
Dick-n Morris [Dickinson Morris]
Charles McClain

Bracken County Court Scs [Session?]
Oct Term 1805

The aforegoing last will and Testament of
James Wells deceased together with the codicile there unto un- neded was produced in Court and proved by the Oath of Dickinson Morris and Charles McClain two of the subscribing witnesses thereto & was ordered to be recorded And upon motion of James Wells the executor therein named who took the oath prescribed by law and entered into bond with John Hunt and James Barkley his securities in the penalty øf fifteen hundred pounds conditioned according to law. certificate is granted him to obtain probate thereof in due form--

Attest: John Blanchards, Clk [or Blanchard]

Source: From Bracken Co. Court Records?/Will Book? pages 72-76; Inventory of the Estate of James Wells, deceased continue on pages 76-103 -- this inventory has many names listed as owing money to James Wells.


Provided by Kathy Merz - Tacoma, Washington

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