Will of Samuel Drury, Sr, Anne Arundel County, Maryland

Date: 28 Jan 1842 to 17 Jul 1850
Location: Anne Arundel, Maryland, United States
Surname/tag: Drury

Will of Samuel Drury Sr (abt.1758-aft.1850), Anne Arundel County, Maryland ^[1]

In the name of God Amen. I Samuel Drury of Anne Arundel County and the State of Maryland, being infirm from age 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 better prepared to leave this world when it shall please God to call me home, 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 Executors herein after named and after my funeral charges are paid I devise and bequeath as follows:

Item: I give and devise unto my beloved wife during her natural life, should she survive me and not otherwise, all my real estate with the use of all my servants, farm stock, farming utensils, etc., to carry on and work said estate solely for her use and benefit. Also all my crops of every description on hand and growing at my death. The Real & personal property devised as above to my beloved wife is in lieu of her right of dower in my Estate. therefore, should she not consent to receive the same instead of or in lieu of her dower, I hereby annul all the devises and gifts made herein in her favor just as if she was not named in this will or instrument at all. At the death of my beloved wife, should she survive me and stand to this will, it is my will and desire that the whole of my Estate shall be divided as follows:

Item: I give and bequeath to my two grandsons George H Lyles and Plummer I Lyles, sons of my deceased daughter Elizabeth, the sum of three hundred and fifty dollars each and no more, but with this proviso nonetheless that in case either of them or anyone by their authority shall set up a claim to any other part of my estate under my plea whatever, that my Executors shall not be bound to pay either of them or their heirs the aforementioned legacies.

Item: I give and bequeath to my grandson John W Gardner my Negro boy Zachariah, about fourteen years of age [and] now in his father's possession and when John shall drive at the age of twenty-one years, a legacy of fifty dollars also.

Item: It is my will and desire that the residue of my personal estate (including what is left to my beloved wife during her lifetime) shall be divided into nine parts or shares and paid over in the following manner, viz:

—My daughter Ruth Welch and her heirs to have and receive one part of ninth share;

—My daughter Ann Gardner and her heirs to have and receive one part of ninth share;

—My daughter Mary Humphreys to have and receive one part of ninth share during her life only, and after her death to be equally divided amongst her present children and their heirs under this express proviso nevertheless that my Executors shall not be compelled to pay into the hands of her husband anything herein willed to my said daughter Mary Humphreys but that the same shall remain and continue in the hands of my Executors or such person or persons as she shall appoint during the life of her husband and that during his life the profits thereof shall be paid to my said daughter Mary and that any receipts or writing witnessing the payment of any part thereof to the said Mary Humphreys and signed by her though covert shat be sufficient discharge to m Executors of person or persons by her appointed as aforesaid.

—Levin Gardner to have and receive one part or ninth share, in trust nevertheless that the same shall be exclusively for the use and benefit of may daughter Margaret Hill during her life and at her death the balance (if any) shall be equally divided amongst her heirs legally begotten of her body.

—My son Plummer J [Drury] and his heirs to have and receive one part or ninth share.

—My granddaughter Louisa B Jones and her heirs to have and receive one ninth share, with this proviso nevertheless that the debt her husband owes me is to come out of her share or proportion if not paid at my death as part or parcel of her share.

—My son Henry C and his heirs to have and receive two parts or two ninths shares, my Negro man Moses to be included in his share as part and parcel of his appraisements.

Item: I give and bequeath to my son John I [Drury] the feather bedstead and furniture now used by him and a home in my dwelling house in case said house on the division of my land shall fall to my son Henry. But in case it does not, my Executor is to build him, John I, a small comfortable house onto the land that falls to my son Henry, not to cost over three hundred and fifty dollars, the cost of which my son Henry is to pay one-half of and my sons Samuel and Plummer I the other half.

Item: I give and bequeath to my son Plummer I one-fourth part of my real estate after the death of his mother to him and his heirs forever.

Item: I give and bequeath to my son Samuel and his heirs one-fourth part of my real estate after the death of his mother.

Item: I give and bequeath to my son Henry C, after the death of his mother, and his heirs one-half of my real estate, the same to be laid off adjoining his farm. And in consideration of having left my son Henry C more property than any other child, it is my will and desire that he pay towards my son John I and his heirs legally begotten of his body reasonable support, the sum of one hundred and fifty dollars annually while my son John I or his said heirs shall live. But in case my son John I and his heirs as aforesaid survive my son Henry C, it is my will and desire that one half of the land herein bequeathed to Henry C shall revert back to my son John I or his heirs as aforesaid unless my son Henry C's heirs, Executors or Administrators shall pay him or them the sum of sixteen hundred dollars as a consideration for the same. But in case my son Henry C survives John I or his heirs as aforesaid, all the property herein bequeathed to Henry C is to be his and his heirs fee simple forever.

Item: I hereby will and direct my Executors shall soon after my death enclose my family Graveyard under a good and substantial rail or pail fence, the costs of which is to be paid out of my Estate before a final division of the same, the cost thereof to be considered a part of my funeral expenses. And lastly, I do hereby constitute and appoint my sons Samuel and Henry C [Drury] Executors of this my last will and testament, revoking and annulling all others by me made, certifying and confirming that this and none other to be my last will and testament.

In Testimony whereof I have hereunto set my hand and seal this 28 day of January eighteen hundred and forty-two. /s/ Samuel Drury {seal}

Codicil One

[General Introduction] ....Whereas, the bequest or legacy given in my said will to my granddaughter Louisa B Jones my be taken by her husband's creditors at my death if there be no alterations relative thereto, and being desirous to prevent it, it is my will and desire that the one-ninth share or proportion of my personal estate devised to her shall be paid over to her or her heirs legally begotten of her body by my Executors with this express promise that she, through a married woman, may be competent to give them good and sufficient receipts for what she may receive in her lifetime, and in case she dies before her part is paid over to her, the residue to be paid over to the legal Guardian or guardians of her children for the children's use and benefit. In case Louisa B Jones should prefer my Executors keeping her share of my estate under their management and they are willing to do so, it is my will and desire that her wishes on the subject should be gratified and any directions she may think proper to give.... It is my will and desire that Jones's debt to me shall be collected by my Executors and to constitute a part of my Estate just as if not mentioned in my will, as I do not wish my granddaughter to pay any part thereof.... (Signed and dated on 18 July 1844)

Codicil Two

[General Introduction] ...preferring certain # servants to be allotted to [heirs] respectively as part of their said shares:

—To daughter Ruth Welch and her heirs, "My Negro woman Nell & infant girl, valued at four hundred dollars, with her son Sam, valued at two hundred and fifty dollars, and her daughter Harriet Ann valued at seventy-five dollars."

—To daughter Ann Gardner and her heirs, "My Negro girl Louisa, valued at four hundred dollars."

—To daughter Mary Humphreys and her heirs, "My Negro girl Sally (Ematine's child), valued at one hundred and fifty dollars, and my Negro woman Bet & infant girl, valued at four hundred dollars."

—To daughter Margaret Hill and her heirs, "My Negro man Amos, valued at two hundred and fifty dollars, my Negro woman Octivia, valued at four hundred dollars, and her son Tom, valued at one hundred and twenty-five dollars."

—To son Plummer I and his heirs, "My Negro woman Ann, valued at three hundred dollars, and her four children, viz., William, valued at three hundred dollars; Caroline, valued at two hundred dollars; Margaret, valued at one hundred dollars; and Albert, valued at one hundred dollars."

—To son Samuel and his heirs, "My Negro woman Abbey, valued at four hundred dollars, and her three children, viz., Jim, valued at three hundred dollars; Mary, valued at two hundred and fifty dollars; and Eliza, valued at two hundred dollars."

—To son Henry C and his heirs, "My woman Emaline, valued at four hundred dollars, and her four children, viz., John, valued at three hundred dollars; George, valued at two hundred and fifty dollars; Celestia, valued at one hundred dollars; and Elizabeth, valued at seventy-five dollars. Also my boy Tom (Maria's child), valued at two hundred and fifty dollars. and my Negro man Moses as a legacy, free of any valuation."

—To granddaughter Louisa Jones, "My Negro girl Poll, valued at four hundred dollars."

—Revoked cash legacy to grandson John W Gardner. (Signed and dated on 20 October 1847)

Codicil Three

[General Introduction] ....Whereas since the making of my said will, my son John I is dead without lawful heirs, I hereby give and devise to my son Henry C all and every part of my real and personal estate (formerly left to son John I).

—Item: I give and bequeath to my Negro woman Rachel her freedom, to take effect on and from the day of my death, upon condition that my son Henry C will agree to protect and keep [her] under his control. (Signed and dated 20 September 1849)

Presented at Probate 17 Jul 1850 in Anne Arundel County, Maryland

Sources

1. ↑ "Maryland Register of Wills Records, 1629-1999": Will and Codicils of Samuel Drury; Anne Arundel County, Vol 41, p 112ff FamilySearch (Unindexed Book)