First I give and devise to my beloved wife Jane Penn the plantation on which I now dwell being part of a tract of land called Spitts Land lying situate and being in Charles Town on Posey Creek in Charles county aforesaid for and during her ordinary life to enable her to maintain and educate my three youngest children, who are also her children provided she stands to and abides by this my last Will and testament with respect to the disposition of my personal property then and in such case it is my wife and I do positively declare that she shall not have any interest -use or property of or in my said Land but that the same shall immediately become the Estate of my before mentioned three youngest children and their Heirs forever.
Secondly I give and devise my said plantation on tract of land immediately after the death of my above named wife, to my three youngest children to wit, Benjamin Dent Penn, Emanuel Rezin Dent Penn and Eliza Jane Penn and to their Heirs and assigns forever as tenants in common and not as Joint Tenants and in case either of my said above named children shall die before he or she shall arrive at the age of twenty-one years and without lawful issue, then and in such (?) the share or portion of the said land of the child or children so dying without lawful issue shall become the Estate and property of the survivors or survivor so arriving at the age of twenty-one years and the Heirs and assigns of such survivors or survivor as Tenants in Common. And I further I will and devise in case all my said above named children shall die before they arrive at the age of twenty-one years without leaving lawful issue my said Plantation on tract of Land to my sons James Thomas Penn, William Penn and Thomas Penn or such of them as may be living at the time of the death of my first mentioned children dying before they attain to the age of twenty-one years and without lawful issue and the Heirs and assigns of the said James Thomas Penn, William Penn and Thomas Penn.
Thirdly as to my personal property I will and bequeath the use of the same to my said beloved wife during her life and after her death it is my will and desire that all the same that may (?) together with the increase at the time of the death shall be equally divided among my following children, James Thomas Penn, William Penn, Thomas Penn, Sarah Bateman, Tabitha Penn, and Matilda Tracey to be equally divided among them. Lastly I constitute and appoint my beloved wife Jane Penn Executive of this my last will and testament . In witness whereof I have herewith subscribed my name and affixed my seal this twentythird day of December in the year of the Lord and Savior Jesus Christ One Thousand Eight hundred and twenty seven.
(signed ) John Penn (seal)
Signed sealed and acknowledged by
John Penn the Testator as said for
His last Will and testament in the
presence of us the subscribers who
have subscribed our names as witnesses
thereto at the request of the said Testator
in his presence and in the presence of each
(signatures) I. Campbell
At the foot of the foregoing accord it is thus written.
Charles County Md Nov 6 1828 then came David Jenifer one of the Subscribing witnesses to the aforesaid Last Will and testament and made oath on the Holy Evangity of Almighty Lord that he did see the Testator therein named sign and seal the same that he heard him publish pronounce and dictate 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 John Campbell and Washington Taylor the other subscribing witnesses respectively subscribed their names as witnesses thereto in the presence and at the request of the testator and in the presence of each other (Seal) Wm D. Merrick Regr of Wills
Charles County Md November 2nd 1828 there came Jane Penn who within named Executrix and made Oath on the Holy Evangity of Almighty God that the aforegoing is the true and whole last will of John Penn deceased that hath come to her hands (?) and that she doth not know of other.
(Seal) W. D. Merrick Regr of Wills Transcript of Will of John Penn from MSA No. Cm412, Charles County Register of Wills, book WDM #15 pp. 292-295 WK 246-247
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