In the name of God, Amen. I, Thomas McCool of Baltimore County and Province of Maryland, being weak in body but of sound disposing mind and memory, before God, this Fifth day of September, Anno Christi Seventeen Hundred and Sixty-seven, make and publish this my last Will and Testament in manner following (that is to say):
FIRST, my Will and Pleasure is that the tract of land whereon I now live containing two hundred and twenty-one acres or there about be sold in six months after my decease by my executor herein after mentioned in order to defray my just debts and if that should not be sufficient as much more of my remaining estate as shall suffice for that purpose.
SECOND, after all my just debts are discharged, I do hereby give and bequeath unto my dear wife, the third part of a tract of land in Mecklenburg County, Carolina, containing four hundred and fifty-five acres together with the thirds of all the residue of all the rest of my remaining estate whatsoever and whosesoever, for and during her natural life and after her decease, I give and bequeath the aforesaid third part of said lands unto my four children viz: Joseph, Agnes, Martha and Adam McCool to be equally divided amongst them or the survivors of them.
THIRDLY, I give and devise unto my said children, Joseph, Agnes, Martha and Adam McCool, to them, their heirs and assigns forever, the remaining two-thirds of the aforesaid tract of four hundred and fifty-five acres together with the two thirds of all the residue of my estate, real and personal whatsoever and where so ever the same can be found and in case of any of the said children should die before they come of age, my will is that their parts should be equally divided amongst the surviving children.
FOURTHLY, my Executrix (in case the said children shall so long continue to live with her) shall instruct or cause them to be instructed to read, write and cipher, so far as may enable them to do their own or any common business by the time they are fourteen years of age, at which age, my two sons, Joseph and Adam shall each be bound to trades viz: Joseph to a hatter and Adam to a blacksmith. No charge what so ever shall be made by my said executor against any of my said children for schooling or apparel whereby their estates may be diminished, saving a lawful use of them until they come of age. But in case the said children or any of them should think themselves to hardly used by their Mother, then they shall be at liberty to go to any other person or persons whom their guardian hereafter mentioned shall think fit which person or persons is hereby empowered to take immediately into their possession the estate or estates of such of them as they shall have under their care, without any let or hindrance of my said executor, in order to receive the profit of the same, for the said estates as the children whom they may have under their care shall either die or come of age which shall first happen.
FIFTHLY, I make and ordain my dear wife Margaret McCool, sole executor of this my Will, in trust for the intent and purposes in this my Will contained.
SIXTHLY, and lastly, I make my loving brother Adam McCool guardian to my said children and overseer of this my Will, to take care and see the same performed according to my true intent and meaning. In testimony whereof, I, the said Thomas McCool have to this my last Will and Testament set my hand and seal the day and year above written.
Signed, sealed and delivered by the said Thomas McCool as and for his last Will and Testament in presence of us who were present at the signing and sealing thereof.
Elihu Hall Bay.
On November 16, 1767 came Paul Gaddis, James Kennedy and Elihu Hall Bay, the three subscribing witnesses to the within Will and being duly and solemnly sworn on the Holy Evangelist of Almighty God, depose and say that they saw the Testator Thomas McCool sign, seal, publish, pronounce and declare the foregoing as for his last Will and Testament by making his mark that at the time of his doing, he was to the best of their apprehension of sound and deposing mind and memory that they subscribed their respective names as witnesses to the said Will and in the presence of the said Testator and at his request.
Sworn before: W. Young and D. Comly, Baltimore County
The widow of Thomas McCool this day came and renounced the devise in her husband's Will and stands to what the law gives her. November 30, 1767, all within the forty days from the day of the Probate of said Will.
Test: W. Young, D. Comly
This will was submitted to the USGenWeb Project by Joyce McCool
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