Vol. 39, Pg(folio) 831-833, Dated: 4 May 1773, Executed: 13 Feb 1774
Maryland to wit: In the name of God Amen.
I THOMAS GASSAWAY Senr. of Ann Arundel County being of a sound mind memory and understanding and considering the uncertainty of this transitory life do make published this my last Will and Testament in manner and form following ( that is to say) I recommend my soul unto Almighty God my Creator trusting on his infinite goodness and mercy through Jesus Christ my gracious Lord and redeemer for the remission of all my Sins, my body to the Earth to be buried in a decent manner as appointed by the Church of England and for such worldly goods as it hath pleased God of his bounty to possess me with I do hereby Will and Dispose of as followeth.
Item: I give and devise unto my loving wife MARY GASSAWAY during her natural life all those two tracts or parcels of land which I purchased of CHARLES STEWART on one of which my dwelling house now stands and one other small tract lately taken up adjoining, called Gassaway's Meadow, but if in case the land will give her a right of Dower in the Lands that were entailed by my deceased father, then it is my Will that she shall have only one third part of the Lands I purchased of CHARLES STEWART as a foresaid during her natural life as abovementioned and after her death I give and Devise unto the first child either male or female of my niece SARAH THORTON and to his or her heirs and assigned for ever all the above mentioned lands I purchased (of) CHARLES STEWART with the other small tract called Gassaway's Meadow as above said, and two negro girls, the one commonly called RADDY and the other commonly called NELFEY.
Item: I give and bequeath unto my said loving wife one third part of my personal Estate after my just debts are paid.
Item: I give and divise unto my loving brother NICHOLAS GASSAWAY, his heirs, and assigns forever all my lands except the above mentioned lands I purchased of CHARLES STEWART and the other small tract called Gassaway's meadow as above said.
Item: I give and bequeath unto my loving brother NICHOLAS GASSAWAY one negro man named Joe and one negro man named Tom, also my gold seal and silver hilted sword.
Item: I give and bequeath unto my cousin THOMAS GASSAWAY, son of HENRY GASSAWAY, fifty pounds sterling money.
Item: I give and bequeath unto my cousin HENRY GASSAWAY, son of my uncle NICHOLAS GASSAWAY, forty pounds sterling money.
Item: I give and bequeath unto my cousin SUSANNA HOWARD one young negro woman FANNY.
Item: I give and bequeath unto my cousin ELIZABETH HOWARD one negro girl named GRACE.
Item: I give and bequeath unto my uncle HENRY GASSAWAY all the money he is owing me on land or otherwise.
Item: I give and bequeath unto REBECCA WELSH, a poor widow, and her heirs and assigns forever, the house she now dwelleth in with all that part of a tract of land called Hester's Habitation that belongeth to me.
Item: I give and bequeath unto my sister ANN RAWLINGS my gold stud.
Item: I give and bequeath unto JOHN JACOBS, my old schoolmaster, 20 pounds common current money.
Item: I give and bequeath unto ELIZABETH PURDY, a poor widow, 10 pounds common current money.
Item: I give and bequeath unto SARAH BURGESS, widow of WILLIAM BUIRGESS, 10 pounds common current money.
Item: I give and bequeath unto ANN STEWART, widow of VINCENT STEWART, 10 pounds common current money.
Item: I give and bequeath unto JOHN HETT, 10 pounds common current money and also all the money he shall owe me at the time of my death.
Item: I give and bequeath unto JOSEPH GILL, JR, son of JOSEPH GILL, one negro boy named JIM.
Item: I give and bequeath unto my nephew WILLIAM CHAPMAN my silver watch and shoe buckles.
Item: I give and bequeath unto CATHERINE WELCH, a poor widow, 10 pounds common current money.
Item: I give and bequeath unto DANIEL CARROLL, poor old man, 5 pounds common current money.
Item: I give and bequeath unto CATHRINE CONNER, a poor old woman, 5 pounds common current money.
Item: I give and bequeath unto MARGARET CARROLL, a poor girl, 5 pounds common current money.
Item: I give and bequeath unto ANN COLLINGS, a poor girl, 5 pounds common current money.
Item: I give and bequeath unto SUSANNA HETT, a poor girl, 5 pounds common current money.
Item: It is my Will that my negro man TOBY and negro woman CATE commonly called great TOBY and great CATE shall be sold at public sale which with the money owing me be applied towards paying the aforegoing legacies.
Item: I give and bequeath all the remaining part of my personal estate after my wife's thirds are taken out and the aforegoing legacies to my sister's four children ... WILLIAM CHAPMAN, ANN CHAPMAN, ELIZABETH RAWLINGS, and RAWLINGS to be equally divided between them.
Item: It is also my Will that if any of the Legatees for money only should dye or leave this province within 3 months after my decease that then and in such case such Legacy shall not be paid to the heirs or assign of such Legatee so dying or leaving the province as aforesaid but shall return to my personal Estate and be accounted for in same manner as if such Legacy has never been mentioned.
Lastly, I do hereby appoint my son's loving wife MARY GASSAWAY Executoress of this my last Will and Testament hereby revoking all former Will and Wills by me heretofore made in Witness whereof I have hereunto set my hand and Seal this 4th day of May in year of our Lord 1773.
Signed sealed and published and declared by the said THOMAS GASSAWAY, SR. as
and for his last Will and Testament in the presence of us who have hereunto
Subscribed our names as Witnesses. Thereto in the presence of said Testator
and in the presence of each other
JOHN PURDY, son of EDMOND,
at the foot of the aforegoing Will was written.
Ann Arundel County to wit
18th February 1774
came GEORGE STALKER, RUTH STALKER, JOHN PURDY subscribing evidenced to the within Will and Testament of THOMAS GASSAWAY, SR. late of Ann Arundel County deceased and made oath on the Holy Evangels of Almighty God that they did see the Testator herein named, sign and seal the within Will and Testament and that at the time of his so doing he was to the best of their apprehension of sound and perfect mind, memory and understanding together with WILLIAM SEFTON and that they respectively subscribed their names as witnesses to the said Will in the presence and at the request of the Testator and in the presence of each other.
before Elie Vallette A.A. County