Thomas Birdwhistell III's Will, 1802-1803.

Thomas Birdwhistell III and Thomas Birdwhistle II

December 21, 1802

In the Name of God Amen I Thomas Birdwhistell of Montgomery County and State of

Maryland being sick and weak of body but of perfect mind and memory. Do make and ordain this my last Will and Testament in manner and form following Viz. I give and bequeath to my loving wife Susanna Birdwhistell all my Estate Real and Personal during her widowhood except the Legacies hereafter mentioned. After which my desire that it shall be Equally divided amongst my surviving children or their Issue. I Give and bequeath to my Daughter Ann Pelley fifty acres of Land to be laid off in such manner as to include the field commonly known by the name of the Shopfield and to injure as little as possible the property of the other Legatees. Item I Give to my said Daughter Ann Pelley one Negroe Girl named Minta. One feather Bed and furniture. Item I give to my Son Thomas one Negroe Girl named Milly. Item I give to my Son James one Negroe Woman named Lucy, and one large Bible, Item give to my Son William one Negroe Girl named Mocha. Item I Give and Bequeath to my Daughter Eleanor one Negroe Girl named Drady, One Negroe Boy named Stephen and one other Negroe boy named Francis. Lastly my desire is after my said Daughter Ann’s part of Land before mentioned is laid off to her, that the residue of my Land be Equally divided among the remaining part of my Children and further my desire is that Henrietta my old negroe Woman shall dwell with which of the children she pleases after the death of her mistress and not to be held bound to dwell with any particular one of them, but to not go out of the Family. Lastly do hereby Constitute and appoint my son Thomas and Benjamin Pelley my son in law Executors of this my last will and Testament. In witness whereof I have hereunto set my hand and affixed my seal this Ninth day of November Eighteen hundred and two.                                                                                             

 Signed sealed published and Declared the                           Thomas     Birdwhistell

day and year mentioned. In the presence

of the Subscribers- - - -

Ozburn Trail. Basil Mullican[?] John Higdon

 

Directly below the transcription of the will in the clerk’s book is the report of its probation on February 21, 1803

Will of Thomas Birdwhistell III who died in 1802.  Clerk marked this on Feb 1803.