Nathaniel Freeman Will
In the name of God, Amen. I Nathaniel Freeman of Charles County and the state of Maryland being in as good health of body as I am expect at this my advanced age of perfect mind and memory and of disposing judgment considering the certainty of death and the uncertainty of the times thereof do make this my last will and testament hereby revoking all former Wills and Testaments at any time heretofore made by me, and so I make it in manner and form following , that is to say.
I give and devise to my friends William Vincent, James Elgin Marshall, Luke Francis Mathews, Joseph Shirbine, William Shirbine, Obadiah Scroggan, Godshall Douglass and Francis Sewall my trustees or to such of them as shall accept of and undertake the trust hereafter mentioned and declare and to their heirs in fee simple as joint temamts and not as tenants in common all my lands and tenements , goods and chattels, rights and credits and all my Estate real and personal and mixed of what nature or kind dower it may be upon trust and confidence nevertheless as my trustees for the uses Interests and purposes in this my last will and testament hereafter meant mentioned and declared and for no other use, intent or purpose whatsoever that is to say.
First it is my will and desire that my said trustees or the major part who may accept and service permit my son James Freeman for and during his nature life and Eleanor Freeman his wife if she should survive him for and during her widowhood and until her second marriage or death which ever first happens, to have the use occupation and enjoyment of all my lands and real estate for an habitation and support for themselves and family. Buy the said real estate is not in any manner to be affected be liable for or subjected to any debt or debts that my son James Freeman or my said daughter in law Eleanor Freeman have contracted or may contract without the approbation of my said trustees, or the majority of the survivors.
Secondly. I will and desire at the death of my said son James and at the death or marriage of my said Daughter Eleanor Freeman, If she survives the said James, all my lands and real estate shall be for the use and behoof of my grandson, John Douglass Freeman so of aforesaid James and Eleanor
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until he arrives at the age of twenty one years if he shall so long live and if the said John Douglass Freeman should die under the aforesaid leaving no law full issues and the said estates in the real estate aforesaid of the said James and Eleanor being said as before mentioned, then and in that case, it is my will and desire and hereby direct that my trustees aforesaid or the majority of them or the majority of the survivors of them, Shall sell at public or private sale as they think best and convey in fee simple all my said real estate and I here by empower them so to do and the money arrived from the said sale shall be equally divided between all my present and future grand children and if any of them be dead leaving lawful issues such issues shall have the proportions or share of the parent, as if he or she were alive, but in case the said John Douglass Freeman shall attain the age of twenty one years and the estate of his father and mother in said lands are ended as mentioned before then and in that case the real estate aforesaid shall be the property and estate of the said John Douglass Freeman and his heirs in fee simple, and if he dies before he attains the age of twenty one years the estate in the said land of James and Eleanor being ended leaving lawful issues then and in that case such issues shall take in the land aforesaid and estate to them and their heirs in fee simple, and if more than one child as tenants in common and not joint tenants
Thirdly, it is am will and desire that my trustees aforesaid or the majority of them or the majority of the survivors permit my son James for the support of him and family for and during his natural life to have the labors, use and profit of the following Negro slaves, to wit, Guy, Rachell, Bill, Beth, Milly, Spencer and Roswell, But said Negroes nor their increase, nor profit arising shall not be liable to or affected by nor answerable for any debts that the said James has contracted or may contract without the approbation of my said trustees or the majority of them , or the majority of the survivors and it is my will and intention that the said
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James shall not have any greater right or advantage in or by the increase or children, which the said Negroes may have than, that which he has to these particularly mentioned, but at the death of the said James all the before mentioned Negroes and their increases shall be equally divided among all the children of his present or any future marriages he may contract, and if any of the said children should be dead leaving lawfull issues, such issues shall receive the share of the parents as if such parent was in life.
Fourthly, I will and direct that my trustees aforesaid or the majority of them or the majority of the survivors permit my said daughter in law Eleanor Freeman for and during her natural life to have the labor use and profit of the following Negro slaves, to wit, Linda, oldest Sam, Jane, and her young child John George, Sarah and young Tom, and I hereby empower the said Eleanor to dispose of said Negroes and increase by deed of gift or by will during her present co venture and I will and direct that my said trustees do confirm the same by conveyances from themselves for said Negroes and increases and if my said daughter in law Eleanor Freeman shall survive her present husband, then and in that case I will and direct that my said trustees or the majority of them or the majority of their survivors shall immediately at her request or without her request convey and make over to her the said Eleanor Freeman her heirs and issues all the above named Negroes and their increases in the most ample and full manner, that she may have full power and right to dispose of same as she pleases and shall think fit.
Fifthly, It is my will and desire that that my grand daughter Mary Freeman receive as her right a and property one mulatto boy named Kendly, one Negro boy Charles & son of Cate and Elizabeth formerly made over to her by deed of gift and one good feather bed and furniture from my estate when she arrives at the age of sixteen years or day of her marriage, which ever may first happen.
Sixthly, It is my will and desire that my Grand daughter Nathaniel Freeman
Eleanor Francis Freeman receive from my estate as her right and property the following Negro slaves to wit, Lucy and her increases, Luck and her increases Baptist and Sam younger, one good feather bed and furniture when she shall arrive at the age of sixteen years or the day of her marriage which ever shall first happen.
Seventhly, It is my will and desire that my grand son John Douglass Freeman shall receive from my estate as his right and property the following Negro slaves, to wit, Chlor and her increases, Harry and Phill, one good feather bed and furniture when he arrives at the age of twenty one years or day of his marriage which ever may first happen.
Eighthly, It is my will and desire that my trustees aforesaid or the majority of them or the majority of the survivors shall permit Obadiah Scroggan to have the use and service, one Negro boy called Luke to wait on him, or to hire out for his support for and during the natural life of the said Obadiah, but the said Negro boy is not to be affected by or subject to any debt which Obadiah hath contracted or may contract without the approbation of my said trustees or the majority of them or the majority of the survivors, And if said Obadiah shall attempts to sell the said Negro to make him liable to his debts then this bequest and all the benefit thereby intended shall be void and of no effect and my trustees aforesaid or the majority of them or the Marjory of the survivors shall take the said Negro boy Luke into their possession and upon the taking aforesaid or the death of Obadiah the said Negro boy is to be sold by my said trustees or the majority of them and the money arising thereby is to be equally divided among all my present or future grand children and if any of them shall be dead, leaving lawfull issues such issues shall have the share that the parents if in life would been entitled to.
Ninthly, It is my will and desire that my trustees Aforesaid or the majority of them or the majority of the survivors confirm by bill of sale or otherwise a gift which I made to my grand daughter Ann Douglass Marshall on her day of marriage
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Of one mulatto girl called Amey and her future increases and which said girl I delivered to my said grand daughter.
Tenthly, I will and direct that out of my other Negro slaves not mentioned and bequeathed in the former part of this my will shall be paid all my just debts and I hereby will and direct my trustees or the majority of them or the majority of the survivors to make sale of so many of said Negro slaves as will be sufficient to pay all my just debts and I hereby empower them to do so either at public or private sale as they shall think best and in making such sale as aforesaid, I will and direct that no child under four years of age shall be sold, separate or a part from it mother and the remainder of my Negroes hereby so wit. A part for the payment of my debts after said debts are paid, shall by permission of my Said trustees or the majority or the majority of the survivors be kept and worked for the benefit of my son James and his wife Eleanor and their family until my grand daughter Mary Freeman shall arrive at the age of sixteen years when the said Negroes and all their increases shall be equally divided among all my grand children who may then diest and the child or children of a grand child shall have the par ants share as if the said parent was in life, but if it should happen that the labor of the above mentioned slaves with the provisions hereby made for the support of my son James , his wife Eleanor and their family should prove insufficient to maintain and support them decently and property as a majority of my said trustees or a majority of the survivors shall think they ought to be then and in such case my will and desire is that a majority of my said trustees or a majority of the survivors shall from time to time sell as many of the said slaves or their increases as may be sufficient for the purpose aforesaid.
Eleventh, I will and direct that out of the other part of my personal estate as horses, hoggs, cows and other things, Thomas Brown son of Francis Brown shall receive if he arrives at the age of twenty one years, Horse, saddle and Bridle the whole to be worth forty dollars for and in
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Consideration and as an acknowledgement f favors which I think I received from a certain Thomas Stonestreet his reputed father in his life time.
Twelfthly, I leave and bequeath to my son Jams and his wife Eleanor each one good father bed and furniture.
Thirteenthly, I will and direct that Richard Land Douglass son of Benjamin Douglass receive from my estate my young bay horse dabster three years old my saddle and bridle, one cow and calf or yearling, one good bed and furniture, in lieu of a small balance due by me from the sale of his father personal property.
Fourteenthly, It is my will desire that all my property of what kind so ever in which I mean is to include, my house furniture and stock of cattle, horses, hoggs, sheep and poultry not herein before particularly appropriated and bequeathed be and remain for the use and support of my son James and Eleanor his wife during their lives. Buy if the said James and Eleanor or either of them should during their covertures or unmarried state desire and request a division of said property then and in that case, Iii will and direct my said trustees so divide said above mentioned property into two equal parts for which James and Eleanor may draw lotts, and the lott which James may draw that he enjoy the same use and benefits of it as I direct, he is to have the Negroes mentioned in the third clause of his my will and no more, and I will and direct that to and over the lott Eleanor shall draw she shall have the same power and rights as I have directed to be given her to certain Negroes mentioned in the fourth clause of this my will, and at the death of my said son James, I will and direct that the lott of my personal property aforesaid which he shall draw with the increase or remainder of it shall be equally divided among my grand children and the child or children of any of my grand children who may be dead shall receive the part the parent would have received if he or she had been in life.
Fifteenthly, It is my will and desire that my said Nathaniel Freeman
Executers apply all the money which may be due to me , and in time collected and all the crop of tobacco and wheat that may be in the house at my draft toward the payment of my debts except such part thereof as my trustee aforesaid as aforesaid may deem necessary for the support and maintenance of my son James and his family and that they will permit such a part as they shall judge necessary to be made use of for that purpose.
Sixteenthly, It is my will and desire that if John Douglas Freeman, Eleanor Frances Freeman, Mary Freeman or either of them should die without leaving child or children before the times or ages when they are seuarlley to receive their estates the said property and increase thereof is to be equally divided among all my grand children as is directed
In the case of the Negroes mentioned for the use of James Freeman in the third article of this my will and in the meantime to be used and kept by him as the rein mentioned.
Seventeenthly, I hereby give full and complete power and authority to my trustees or such part of them who may accept of said trust and to the majority of them and to the majority of the survivors of them, to carry into full and complete effect this my last will and testament and in doing this they shall be considered the legal proprietors of my estate for the purpose of making all such Deeds, writings, bills of sale, acquaintances, deliveries, Resumptions, conveyances and grants according to the purpose true intention and meaning of this will as I could do myself and as if all such deeds, writing, bill of sales, acquaintances, deliveries resumptions, convinces and grants had been particularly mentioned set down and declared and in particular I direct my said trustees shall execute Bills of Sales to the purchasers of the Negroes that may be sold by my executors for the payment of my debts and funeral expenses as directed by me in the tenth clause of this my will.
Eighteenthly, It is my will and desire that all my Negroes be appraised and all my other personal property and after appraisement or inventory is returned to the orphans.
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Court for record, neither my executors nor trustees shall be called upon for a settlement of any kind by said court until they have fully completed their trust agreeable to this my will unless a lawfull and well grounded complaint for malconduct be preferred against them which I never expect will the case well knowing and having confidence that my trustees and executors will do every thing for the benefit and advantage of my representatives they shall not therefore be amendable or liable to be called on by them my said representatives to account for their intromissions in my said estate, or for any other purpose except for the payment and delivery of the several legacies by me, here given when the same may become due and payable.
Lastly I constitute and appoint my friends James Elgin Marshall and William Vincent Executors of this my last will and testament. In witness whereof I have subscribed the last seven former pages and this page I also subscribe and to it affix my seal this twenty fourth day of July in the year of our lord Christ one thousand eight hundred and six.
Signed, Sealed, and published And
Declared By Nathaniel Freeman Nathaniel Freeman Seal
The above and before named
Testators as and for his last
Will and testament in the
Presences of us at his request
And in his presence and in
The presence of each other do subscribe
Our names as witnesses thereto.
On the back of the aforegoing will it is thus written
Charles County sek August 20th. 1807 Then came James Elgin Marshall and William Vincent the appointed Executors to the aforegoing last will and testament of Nathaniel Freeman late of Charles County deceased and made oath on the Holy Evangel of almighty God that the aforegoing Instrument of writing is the true and whole last will and testament of said deceased that hath come to their hands or procession and they do not know of any other .
Test. Humphrey Barnes deg. Of will
Charles County sct. August 20 1807 Then Robert Fergusson Benjamin Freeman and
Oliver Halieh The three subscribing witnesses to the aforegoing last will & testament of Nathaniel Freeman. Late of Charles County deceased and made oath on the Holy Evangel of almighty God that they did see the testator the reiu named sign and seal this will and that they heard him publish pronounce and declare the same to be his last will and testament that the time of his so doing he was to the best of their apprehend: signs, sounds and disposing mind, memory and understanding and that they respectively subscribed their names to this will in the presents and the request of the testator and in present of each other.
Test. Humphrey Barnes Reg. Of wills
Transcribed June 25, 2004
By: Warren Lee Freeman
Charles County, Maryland
Will Book AL-12 page 446
Maryland Hall of Records:
Microfilm CR 49 156
Electronically posted 06/25/04