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Will of Francis Waring of Prince Georges Co., dated 15 December 1765

In the name of God Amen. I, Francis Waring of Prince Georges County in the Province of Maryland, being in Health, and of sound mind, memory, and understanding, but considering the uncertainty of the transitory life, do make and ordain this my last Will and Testament in manner and form following recommending my soul to God who gave it and my body to the earth to be buried by my Executrix & Executor hereafter named.

First I will that all my debts be paid.

Item. My Will and desire that my beloved wife Mary Waring should not be put to her thirds of my lands, it being her desire to have part of the tract whereon I now live assigned herduring her widowhood in lieu thereof. It is therefore my desire that she shall during her widowhood and no longer, have all that part of the lands which I now live on being part of Magoonsion & addition which lyeth to the westward of the main road which leads from my mill to the church, and also the land which I lease of Gerard Truman Greenfield.

Item. I give at my demise & bequeath unto my son Leonard Waring & his heirs forever one tract of land called The Gore containing twenty-five acres, also one Negro woman called Priss, my watch, holsters and pistols, one looking glass with gilt frame and one cherry tree desk, provided he suffers his mother to enjoy the lands which I have allowed her in the foregoing paragraph, but if he refuses to comply with my request, and offers to disturb his mother in the said lands during her widowhood, then it is my will intent and meaning that my son Leonard shall not have any part of the above bequest but that the same shall go to and be the right of my beloved wife, her heirs and assigns forever in as full and ample manner as it would have been my son Leonard's had he comply'd with my request aforesaid.

Item. I give, devise and bequeath to my son Thomas Waring his heirs and assigns forever one tract of land lying in Frederick County called Warington containing two hundred seventy acres, also one Negro man Abraham and one Negro woman Nell.

Item. I give and bequeath unto my son James Haddock Waring his heirs and assigns forever one tract of land lying in Prince Georges County called Terra Excultabilis (??) enlarg'd containing four hundred sixty-five acres also one young Negro man Peter, and one Mulatto girl Rachel.

Item. I give and bequeath to my son Clement Hollyday Waring his heirs and assigns forever one tract of land lying in Prince Georges County called Warings Park containing one hundred and fifty acres, also one Negro girl Hannah.

Item. I give, devise, and bequeath to my son Basil Waring his heirs and assigns forever the land I purchased of Thomas Smith Greenfield being part of Trumans Hills lying Prince Georges County containing fifty-six acres & two-thirds of an acre, also one Negro girl Rachel.

Item. I give and bequeath to my daughter Ann Hawkins one Negro boy Alexander.

tem. I give and bequeath to my daughter Margery Waring one Negro boy Hazard and one Negro boy Ben.

Item. I give and bequeath to my daughter Martha Waring one Negro girl Kate.

Item. I give and bequeath to my daughter Elizabeth and Mary Waring two Negro girls Nell and Abigail.

Item. I give to Mr. William Luckett of Frederick County sixty Spanish mill'd dollars to be paid twelve months after my decease.

Item. I give and bequeath to my beloved Wife the use of my Negro carpenter Guy to enable her the better to support, maintain, & educate my children during her widowhood and at her death or marriage I give the said Negro Guy to my son Leonard.

Item. I give and bequeath to my beloved wife Mary Waring one Negro man Tom, one Negro man Michael, one Negro man Gilderoy, one Negro woman Nan & one Negro woman Jenny.

Item. I will than my Negroes Charles & Ned be sold by my Executrix and Executor to pay my debts and the residue of my estate be divided that is to say one-third thereof to my beloved Wife and the remaining two-thirds equally among my children.

Lastly I constitute and appoint my well beloved wife Mary Waring and my son Leonard Waring to be Executrix and Executor of this my Last Willand Testament. In Witness whereof the said Testator have hereunto set my hand & affixed my seal this fifteenth day of December Anno Domini 1765. In the presence of the under written witnesses who were present & were desired to attest the same --

John Frederick Augustus Priggs
Thomas S(mith) Greenfield
Francis Whitehorn

At the foot of the aforegoing will was thus written Viz. Maryland, Prince Georges County. On the twenty-seventh day of February 1769. Came Thomas Smith Greenfield & made oath on the Holy Evangelists of Almighty God that he did see Major Francis Waring late of said County deceased sign and seal the above Instrument of Writing and publish the same as his last Will and Testament that at the time of his so doing he was to the best of this Deponents apprehension of sound memory and of a disposing mind when in his presence and at his request this Deponent did subscribe the same as a Witness at which time John Frederick Augustus Priggs & Francis Whitehorn did the same.
Sworn before me
G. Scott D. Comry

Citation note: Maryland State Archives (MSA), Probate Records, Index 1, Volume 25, State Record (SR) 4431, Liber 37, Folio 272
Contributed by: Cynthia Waring Shockley

Note: Maiden name of Francis Waring's wife is Mary Hollyday (or Holliday). Francis (1715-1769) was the son of Basil Waring II who was born in 1683 and died in 1773. Basil II was married to Martha Greenfield, daughter of Colonel Thomas Greenfield and his wife Martha Truman. Basil was the son of Basil Waring who was the son of Sampson Waring who came to Maryland from England about 1648.