WILL OF BENJAMIN HORNER, 1842
In the name of God amen ~ I Benjamin Horner of Somerset County in the State
of Maryland, being sickly and weak in body, but of sound mind and memory,
and of understanding considering the certainty of death and the uncertainty
of the time thereof, and being anxious to settle my worldly affairs, and
thinks be the better purpose to leave this world when it shall please God
to call me home, do therefore make out xxx (pathib?) this my last will and
Testament, in manner and foresee following: that is to say ~
Item 1. I give unto Elizabeth Horner and Nancy Horner my two daughters
three acres of land where the dwelling house now stands, and also I give
unto them two -- their feather beds and furniture belonging to them, and
one chest of drawers, and one clock and case and six Windsor chairs and
one cubords, and one walnut (?) table, and of either of them should die
without heirs lawfully ligario the whole of the above to the other ~
Item 2. I give to my son James Horner where his house stands and he now
lives a certain quantity of land. Beginning xxx(near) land or division in
land between Travis Horner and myself, to xx x (the?) South so as to run by
and with the second apples xxx (row/now?) accept as far as my land goes so
as to give him all the lands east of xxx (Snide? River?)~
Item 3. I give all xxx (them atornment?) of my land except one and half
aces down at the west end of my land, where the will be a post set up for
a beginning of it, to my two sons Benjamin Horner and Moses Horner to be
equally divided between them and their lawfull legatos heirs.~
Item 4, I give my daughter, Susan Kirwin one dollar and no more, also my
daughter Rhodah martin one dollar and no more, also my daughter, Mary
Roberson one dollar and no more of my property.~
Item 5. I give my grandaughter Elizabeth Roberson the sum of ten dollars. ~
Item 6. All the xxx (?) of my xx (?) and personal property that’s not willed
xxx (away?) after my final debts is paid to be equally divided between five
of my children xxx(?) to say Elizabeth Horner & Nancy Horner and Benjamin
Horner and Moses Horner and James Horner - share and share alike ~
Item 7. My will is that all my children shall and is to have a
xxx (pathway?) to the xxx? without molestation of any and of them mentioned
in this will and, further any and of them wishing to sell his part of land,
that he shall sell to the other brothers or sisters and no one else - except
they all shall agree to seal the same ~ In testimony where of, I have hence
and unto set my hand and offered, my seal this 28th day of April xxx (?) one
thousand eighty hundred and forty(One or two)
Benjamin Horner - His mark - seal
Witnessed by:
George Rowe
G.W. Rowe
Zachariah Webster
Will was filed May 31, 1842
Sorry to say some of the words could not be read - these have been marked with xxxx.
Transcribed by H. and D. Carmine.
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