Will Of Joseph Beall

Will of Joseph Beall (1717/1719-20 Oct 1799) In the name of God Amen I Joseph Beall of Frederick County and State of Maryland being of sound mind, memory, and understanding, and considering the certainty of Death and the uncertain period thereof do in order to be the better prepared therefore make my will and testament in manner following: First, I give devise and bequeath to my beloved wife Rachel Beall one third part of my lands during her natural life and I order and direct that the same be laid off to her where I now live so as to include my dwelling plantation, I also give her in addition the old meadow on and Bonnotts Crook during her natural life and I hereby license and authorize to take such timber from any other of my lands as may be necessary for building or repairing houses already built on her part if she should incline to build __ committing no waist of timber nor appropriating it to any other purpose than those of building or repairing the houses on her part of the land. I also give and bequeath unto my wife a riding mare or horse and one equal third part of all my personal estate remaining after satisfying my debts and the specific gifts either in this will or otherways and thereby declare that the aforesaid ______ of my Real Estate and bequest of personal property to my wife and in lieu of every claim which she would otherways be intitled to as my widow. And be it known, that on the Twenty eighth day of August one thousand seven hundred and ninety nine I gave my bond for Convey___ of part of my land beginning at the beginning _____ of Fat Oxen and running thence sixty nine degrees east forty porches than north thirty eight degrees east one hundred and sixty porches than north fifty two porches then north seventy eight degrees west one hundred and twenty porches then south thirty two degrees west three hundred and forty six porches to the out line of the original and without south twenty three degrees east and hundred and twenty eight porches then north thirty eight degrees east forty four porches then north forty five degrees west twelve porches then north forty nine degrees east one hundred porches then west eight porches then north ten degrees west eighteen porches to the end of the first line of the original then by a straight line to the beginning containing eight and one half acres as will more ____ appear by reference to the bond - Now I order and ____ my heirs and administrators on a demand being made to convey the above land according to the Tenor of my bond by a good and sufficient deed to the heirs of Charles Beall as mentioned in the will so as to enable his administrators to settle his estate as ____________ by him and as I am desirous to provide for my grandchildren Attaiah Beall Jerusiah Beall and Charlotte Beall the younger children of my daughter Tabitha Beall who were not mentioned in their fathers will I hereby give and bequeath to my said grand children Attaiah Beall, Jeruiah Beall and Charlotte Beall or the survivor of them should either of them die before they come of age or marry and to their heirs forever all that part of my land Eying on the east side of Bennots Crook. also the whole and every part of a tract of land formally called Lost and found but my wife to hold the old meadow for her life also the third part of my personal estate remaining after payment of my debts and gifts to them and the survivors of them should either of them die before they come of age or

marry and thereby authorize my daughter Tabitha Beall to keep possession and to manage without control the lands and personal property ____ by me to my said three granddaughters, Attaiah Beall, Jeruiah Beall, and Charlotte Beall the furnishing ___ out of the profile of their estate bequeathed by me with what may be necessary for their education clothing and support so long as they continue unmarried the ____ of the profits and advantages are to be returned or her own use and behoove during her life or as my divisor for my three grandchildren was not from a preference of them to their brother and sister, but to put them on an equality with them. I do hereby direct that if the children of Charles Beall whom __ hath mentioned in his will shall on their coming of full age agree to commit the said three grand children to receive an equal share of their fathers Charles Beall Estate with those whom he hath named in his will and should execute proper instrument of writing to secure to the said three grandchildren herein named or such of them as may be alive and the child or children of the deceased in case of the death of my living a child do equal those of Charles Bealls Estate ___ & personal with those named by him in his will that then and ain that case it is my will that every part of my estate and ___________. I have herein devised to my three grandchildren Attaiah Beall Jeruiah Beall and Charlotte Beall shall be equally divided between the children of my daughter Tabitha Beall now alive and the representatives of any who may die after complying with the aforesaid conditions the same to them in ___ but not to injure or affect in any manner the interest and support in the land and property as devised to my daughter Tabitha Beall and as it may be probable that any daughter Tabitha Beall may think it fit for the advantage of my three grandchildren to dispose of the whole or part of the land and personal property I have devised to them before or after they shall come of age now in that event I do hereby authorize and impower my said daughter Tabitha Beall my Friend Assa Beall and Elisha Beall_________________________ of all my real and personal property herein bequeathed to Attaiah Beall Jeruiah Beall and Charlotte Beall for Cash or on such ______ will enable my daughter Tabitha whom she may think it most for the advantage of either of them or their heirs to pay them their respective proportion of the price of said property owing and insuring to my daughter Tabitha all the interest accruing on said _____ during her life -and I also impower the said Tabitha Beall Assa Beall and Elisha Beall or the survivors of them to convey in ___ to the purchasers of said land and personal property on their complying with the terms of sale I give and bequeath unto my son Nathan Beall and his heirs forever all the residue of my undivided land held by and in Frederick County and after the death of my wife I give and bequeath unto him and his heirs the land I have devised to her during her life and I also give to my son Nathan and his heirs all my wearing apparel and one equal third part of my personal property remaining after payment of my debts and the specific gifts given by this will or otherways – Thereby appoint my beloved wife Rachel Beall my daughter Tabitha Beall my grandson Assa Beall and my friend Elish Beall my Executors and Executrixos of this my last will and testament

in testimony whereof I have hereunto inscribed my name and affixed myself this twenty fifth day of April seventeen hundred and ninety eight. Signed Sealed Published and declared by Joseph Beall the testator as his last will and testament in the presence of us who at his request in his presence and in the presence of each other have subscribed our names as witnesses: James Kendall James Brady William Kendall John Poter Frederick County October 20th 1799 Then came Rachel Beall and Tabitha Beall and ____ oath in the holy evangels of Almighty God that the aforegoing instrument of writing is the true and whole will and testament of Joseph Beall ___ of Frederick County Deceased that hath come to their hands and possession and that they do not know of any other. - George Murdock Reg. Frederick County October 20 1799 Then came James Kendall William Kendall and John Peter three of the subscribing witnesses to the aforegoing last will and testament of Joseph Beall late of Frederick County deceased and made oath on the holy evangels of Almighty God that they did see the testator therein named sign and seal this will that they heard him publish pronounce and declare the same to be his last will and testament that at the time of his __doing he was to the best of their apprehensions of a sound and disposing mind memory and understanding that they respectively subscribed their names as witnesses to this will in the presence and at the request of the testator and that they did also see James Brady the other subscribing witness sign his name as a witness to said will in the presence and at the request of the testator and all in the presence of each other. - George Murdock Reg. Dear Madam Mrs. Tabitha Beall was with me the other day and I told her it did not suit me to act as executor and I expected there would have been some other person appointed I hope madam you will not depend on me as it does by no means suit Mrs Rachel Beall Iam Madam Elisha Beall 27th Oct 1799 I Tabitha Beall and of the ex___ appointed in the last will and testament of Joseph Beall late of Frederick County deceased do hereby refuse to act as executrix to said will by virtue of said appointment and I do therefore renounce all my right title and claim to said executorship according as witness of my hand this thirteenth day of November 1799. - Tabitha Beall