Vol. 30, pp. 297-299, Dated: 18 Feb 1757, Executed: 17 May 1757
In the name of God Amen, I NICHOLAS GASSAWAY of Queen Caroline Parish in Ann Arundel County being very sick and weak in Body but of perfect mind and memory thanks be given unto God thereof and calling into mind the mortality of my Body and knowing that it is appointed for all men to die do make and ordain this my Last Will and Testament that is to say Principally and First of all I give and Recommend my Soul into the hands of Almighty God that gave it and my Body I recommend to the Earth to be buried in a Decent Christian Manner nothing doubting but at the general Resurrection I shall receive the same again by the mighty power of God. And as to the mortal Estate wherewith I hath pleased God to help me in this Life, I dispose of the same in the following manner:
Item - I give and bequeath to my deceased daughter ANN PIERPOINT's Heirs SAMUEL PIERPOINT one Shilling current money./ To my daughter ELIZABETH SELLMAN one Shilling Current Money. To my daughter SUSANNAH MANSILL one Shilling Current Money and to my son NICHOLAS GASSAWAY one Shilling Current Money.
Item- I Give and bequeath to my three sons BENJAMIN, RICHARD & ROBERT GASSAWAY all my tract or parcel of land called Talbot's Resolution manner containing three hundred acres more or less equally to be divided between them each to have hundred acres , only my son BENJAMIN to have first choice after being divided. If either of my said sons should die before they come to age Twenty-one years then go to the survivor two now mentioned to be equally divided between them, or the whole to one, if two should die before they come to the age of Twenty-one years, to their or his heirs forever.
Item- I appoint my wife RACHEL GASSAWAY to be my whole Executor of this my Last Will and Testament and after paying all my just debts, I give and bequeath all my personal Estate to my wife and children hereafter named. ELIZABETH, THOMAS, and JAMES GASSAWAY, HANNAH PORTER, MARY GASSAWAY, and LUCY NICHOLSON, BENJAMIN, SARAH, RICHARD, ROBERT and RACHEL GASSAWAY to be divided among them in such manner as the Law directs for the Distribution of Surplusage of Intestate Estates.
Item - I further Impower and appoint my Executor to pay of my foresaid children their parts as shall be by Division of all to each of them either in money or affects at apraisment to be at the Choice of the Executor. In Testimony whereof I have hereunto put my hand and seal the Eighteenth Day of February in the year of our Lord one thousand seven hundred and fifty seven.
Signed Sealed Published and declared to be his Last Will and Testament in
presence of us:
JOHN DORSEY (of JOHN),
CALEB DORSEY (son of John).
At the foot of the foregoing Will was this written:
Came on the 21st day of April 1757 William Lian and William Aldridge two of the subscribing witnesses to the foregoing will and made oath on the Holy Evangel of Almighty God that they saw the aforegoing Testator Sign and Seal the foregoing Will and heard publish Pronounce and declare the aforegoing will as his Last Will and Testament. That at the time of his so doing, he was to the best of their apprehension of sound and disposing mind and memory and that they subscribed their names as witnesses to the said will in the presence of the Testator and at his request.
Sworn before Benjamin Teisher
On the 17th day of May John Dorsey (of John) one of the subscribing
witnesses to the foregoing will made oath on the Holy Evangel of Almighty
God that he saw the before named Testator NICHOLAS GASSAWAY Sign Seal
Publish and Declare the foregoing to be his last Will and Testament. That
at the time of his so doing he was to the best of his apprehension of a
Sound and Disposing mind and memory and that he subscribed his name in the
presence of the said testator at his request.
Sworn before M. Mainemard