Will of Nicholas DAY, of Baltimore Co. dated 31 March 1738

Will of Nicholas Day Jr, dated March 31, 1738, and proved May 25, 1739, on file in the Hall of Records (BALTIMORE CO. WILLS, Box 6, Folder 7). Transcription:

I Nicholas Day of the Town of Joppa and Province of Maryland being Sick & weak of body, but of Sound & pareft disposeing Mind and Memory Do think It necessary to make & ordain this my Last Will & Testament in Manner & Form following.

Item. I Give & bequeath unto my son Thomas Day that Moity or one Half of one hundred & fifty Acres of Land My Part of a Tract or percell of Land called William the Conqueror whereon the buildings and Improvements are Made with the Appurtenances thereto belonging to my Said Son Thomas & his heirs for Ever: but in case my Said Son Thomas should die without lawfull issue or before he attains to the Age of twenty One years my Will and Mind is that the Said Moity with the Buildings & Improvement thereon & Appurtenances thereto belonging Shall go & redound to my son Laban Day & his heirs for Ever.

Item I Give & bequeath unto my son Laban Day the other Moity or Half of Said One hundred & fifty Acres Part of Said Tract of Land call William the Conqueror to him & his heirs for Ever but in case my son Laban die without lawfull Issue of before he attains tha Age of twenty one years my will & mind is that Said Moity Shall go & redound to my Said son Thomas & his heirs for Ever.

Item I Give & Bequeath unto my Son Samuel Day my Three Lotts of Ground in the town of Joppa with all the buildings & Improvements thereon and Appurtenances thereto belonging And Also A Certain Tract or Percell of Land called Dock containing One Hundred & fifty Acres or thereabouts to him my Siad Son Samuel & his heirs for Ever-- But if my Siad Son Samuel die without Alwfull Issue of before he Attains the age of Twenty One years My Will & Mind is that my Said Lotts with the Appurtenances & Said Tract of Land called Dock Shall go & redound to my Son Laban Day & his heirs for Ever.

Item I Give and bequeath unto my Said Son Samuel & his heirs for Ever One Negro woman named Dina

Item I Give & bequeath unto my Said Son Laban Day & his heirs for Ever One Negro woman named Jenny

Item I Give & bequeath unto my daughter Hanah Day & her heirs for Ever One Negro woman named Judith and my Will & Desire is that my wife shall have the use & Services of the three Said Negroes names Dinah Jessy & Judith bequeathes my Said three Children Samuel Laban & Hanah as aforesaid (to be appropriated to their Education) dureing their Minority or untill they are capable of chooseing Gaurdians

Lastly As to the Residue of my personal Estaste my Will is that the Same be Equally divided amongst my Eight children viz John, Thomas, Laban, Samuel, Mary, Elizabeth, Sarah & Hanah & I Do hereby make ordain Constitute & appoint My beloved wife Whole & Sole Executrix of this my Last Will & Testament

In Testimony Whereof I have here unto Set me hand & affix'd my Seal this thirty first day of March, Anno One thousand Seven hundred & thirty eight

Signed Sealed Publish'd & declared by the Said Nicholas Day to be his Last Will & Testament

/s/ Nich Day

In the presence of us

John Roberts

Thomas Harropp (?)

William Cooke, H Wells Stokes

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May the 25th 1739 Then Came Thomas Harropp and John Roberts two of the Subscribing Wittnesses to the foregoing Will and being duly & Solemnly Sworn on the holy Evangilists of Almight God deposed and Sayd that They saw the Testator Nicholas Day sign the foregoing Will and heard him publish 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 their Apprehension of Sound and Disposing mind and Memory and that they Subscribed Their respective Names as Witnesses to the said Will in the presence of The said Testator and at his request, and the said Thomas Harrapp and John Roberts further depose and Say that they Saw William Cook and Humphry Wells Stokes two other of the Subscribing witnesses to the said Will Sign their names as Evidence thereto in the presence Of the Testator and also at his request-- Sworn to before H Wells Stokes Dep Com of Baltimore County

Inscribed on the outside of the folded will was the notation: Baltimore County 1739 (315) Nicholas Day his Will...16th July Recorded in Lib: DD No.1 fo:77

Wm. Rogers Reg. Recorded in Liber A W.B. Case 2 ==================================================================

Contributed by Wally Garchow

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