Will of Nicholas Gassaway of Anne Arundel Co. dated 13 Sept 1806


Vol. JG#2, pp. 377-379, Date: 13 September 1806, Executed: 20 November 1806

In the Name of God Amen. I NICHOLAS GASSAWAY of Anne Arundel County, State of Maryland, being sick and weak of body but of sound and disposing mind, memory and understanding considering the certainty of death and the uncertainty of the time thereof, and being desirous to settle my worldly affairs, and thereby, be the better prepared to leave this world when it shall please God to call me hence, do therefore make and publish this my last Will and Testament in manner and form following that is to say:
First and principally, I commit my soul into the hands of Almighty God and my body to the earth to be decently buried at the discretion of my Executrix and Executor herein aftermentioned and after my debts and funeral expenses are paid. I devise and bequeath as follows:

I give and bequeath unto my dearly beloved wife AMELIA GASSAWAY one tract of land called More Houses Generosity containing three hundred and sixty acres, be the same more or less, also Dorsey's addition to THOMAS's lott containing fifteen acres be the same more or less, together with all singular the improvements thereon during her natural life and no longer. Also one negro boy called BURR, one negro woman called ROSES, one negro girl called LYDD, one negro boy called NATHAN, one sorrel mare, one blaze colt, eight head of sheep, six head of Hogs, two cows and calves, two feather beds first choice and furnitures, one bar shear plow, two shovels, three sets gears, six green chairs, one large looking glass, two trunks, one dining table, one round tea table, all my silver teaspoons.

It is my will and desire that my Executrix and Executor hereafter named shall dispose of in any manner they think best the following property to wit. Forty acres of land lying in Allegany County, adjoining the land of MOSES BENNETT, to be laid off so as to best suit the residue of my land adjoining, also one piece or parcel of land lying near town creek in said county containing fifty-one acres more or less on which GEORGE REED now lives, all my personal property not devised in this my last Will and Testament and the money arising from the sale of said property to be applied to the settlement of all my just debts, and should their be more money than will pay my debts, the balance to be equally divided between my three sons HANSON GASSAWAY, JOHN GASSAWAY, and BERRY GASSAWAY in just proportions.

Item - I give and devise unto my beloved son HANSON GASSAWAY one bay horse called Figure and one feather bed and furniture.

Item - I give and devise unto my beloved son JOHN GASSAWAY one bay mare and one feather bed and furniture.

Item - I give and devise unto my beloved son BERRY GASSAWAY one feather bed and furniture and the lands above devise to my dearly beloved wife AMELIA GASSAWAY during her natural life, after her departure. I give and bequeath unto my said son BERRY GASSAWAY and his heirs forever.

Item - I give and devise unto my beloved sons HANSON GASSAWAY and JOHN GASSAWAY all the residue of land which I hold in Alleghany county in equal proportion after the disposal of the two pieces as above devised to be sold, to them and their heirs forever.

Item - I give and devise unto my aforesaid three sons in equal portions the following negros: DINAH, GERRARD, BEN, WATT, HARRIET and PATRICK and their Issue to them and their Heirs forever.

Be it understood that it is my Will and Desire that all the property herein devised to my three sons, should be and remain in the hands of Executrix and Executor herein after named until my said sons shall arrive to the age of twenty-one years, and that my said sons respectively shall be well educated out of the profits arising therefrom and should either of my said sons depart this life before they arrive at the age of twenty-one years, I do hereby devise his or their parts to go to the survivor or survivors.
And lastly, I do hereby constitute and appoint my dear wife AMELIA GASSAWAY and my friend JOHN THOMAS (the third) to be Executrix and Executor of this my last will and Testament, revoking and annulling all former wills by me heretofore made, ratifying and confirming this to be my Last Will and Testament. In Testimony whereof I hereunto sett my hand and affix my seal this thirteenth day of September in the year of our lord one thousand eight hundred and six.

~ NICHOLAS GASSAWAY (Seal)

Signed, Sealed, Published and declared by NICHOLAS GASSAWAY the above named Testator as and for his last Will and Testament in the presence of us who at his request in his presence and in the presence of each other have subscribed our names as Witnesses thereto:
CHARLES ALEXANDER WARFIELD,
JOSEPH BURGESS,
DEBORAH BERRY.

Anne Arundel County, the 20th November 1806 -- Then came JOSEPH BURGESS one of the subscribing Witnesses to the within last Will and Testament of NICHOLAS GASSAWAY late of Anne Arundel County deceased and made oath on the Holy Evangels of Almighty God that he did see the Testator therein named sign and seal this will and that he heard him publish pronounce 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 his apprehension of sound and disposing mind memory and understanding and that he together with CHARLES ALEXANDER WARFIELD and DEBORAH BERRY respectively subscribed their names as Witnesses to this will in the presence and at the request of the Testator and all in the presence of each other.
Sworn before JOHN GASSAWAY, Reg. Wills, A.A. County

Anne Arundel County, the 15th December 1806 -- Then came AMELIA GASSAWAY and JOHN THOMAS, III and made oath on the Holy Evangel of Almighty God that the within Instrument of writing is the true and whole will and Testament of NICHOLAS GASSAWAY late of Anne Arundel County deceased, that hath come to their hands or possession and that they do not know of any other.
Sworn before JOHN GASSAWAY, Reg. Wills, A.A. County

Anne Arundel County, the 17th December 1806 -- Then came CHARLES ALEXANDER WARFIELD one of the subscribing Witnesses to the within last Will and Testament of NICHOLAS GASSAWAY late of Anne Arundel County deceased and made oath on the Holy Evangels of Almighty God that he did see the Testator therein named sign and seal this will and that he heard him publish pronounce 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 his apprehension of sound and disposing mind memory and understanding and that he together with JOSEPH BURGESS and DEBORAH BERRY respectively subscribed their names as Witnesses to this will in the presence and at the request of the Testator and all in the presence of each other.
Sworn before JOHN GASSAWAY, Reg. Wills, A.A. County


Contributed By Mark Jerkatis