Will - John GASSAWAY

Dated 27 May 1762; Executed 09 Jul 1762

In the name of God Amen. I JOHN GASSAWAY of Ann Arundel County of the province of Maryland being weak of body but of a sound and disposing mind and memory thanks be to God for the same and knowing the uncertainty of human life do make this my last Will and Testament in the manner and form following. That is to say-- First I recommend my soul to Almighty God my Creator trusting on his infinite goodness and mercy thro Jesus Christ my gracious Lord and Redeemer for the remission of all my sins and assured resurrection and a happy and glorious state of blessedness forever my body to the earth to be buried in a decent manner appointed by the church of England and for such worldly goods as it hath pleased God of his bounty to posses one with. I do hereby will and dispose of as followeth Imprimis.

I give and bequeath to my beloved wife SARAH GASSAWAY my now dwelling plantation during the term of her natural life desiring she will let my son THOMAS GASSAWAY work such part of the said land as she shall see fit and convenient for him and after my said wife's decease I will give and bequeath unto my said son THOMAS GASSAWAY the said dwelling plantation to him and the heirs of his body lawfully begotten forever. But in case my said son THOMAS GASSAWAY should die without issue, I then give and bequeath my said dwelling plantation to my son NICHOLAS GASSAWAY and the heirs of his body lawfully begotten forever.

Item: I give and bequeath to my son NICHOLAS GASSAWAY the plantation formerly the dwelling of his uncle WILLIAM COTTER, deceased, also another tract of land lying in the mouth of Road River which I purchased of THOMAS RATLAND also one other tract of land joining to the former being the land formerly JAMES CADLES, all which these several tracts of land I give and bequeath to my said son NICHOLAS GASSAWAY to him, his heirs and assigns forever.

Item: I give and bequeath to my son NICHOLAS GASSAWAY my silver spurs.

Item: I give and bequeath to my daughter ANN CHAPMAN one negro man called YOUNG BACON, one negro boy called SAGEMORE, one negro woman called LUCY and all her increase except one boy called SUDDY which boy I give and bequeath to my grandson WILLIAM CHAPMAN. I also give to my said daughter ANN CHAPMAN one negro woman called LITTLE ESTER and all her increase except the child CASSEY which I give to my granddaughter ANN CHAPMAN. I also give unto my said daughter ANN CHAPMAN one guinea.

Item: I give to my son THOMAS GASSAWAY one negro man called OLD BACON, one negro woman PRISS and all her increase, one negro woman called SUE and all her increase, and one negro boy called TOLLA, also my silver hilted sword.

Item: I give and bequeath to my granddaughter SARAH JOHNS one mollato girl called SPINNAGE, one negro girl called BESS, one negro boy called JACK, one other negro boy called DICK, my stone studs set in gold, two heifers, four live lambs and two brooding sows. It is also my will that my said grandchild SARAH JOHNS shall be clothed, maintained, and supported at the expense of my estate till she arrives at the age of sixteen or to the day of her marriage which ever first shall happen and also that the sum of twenty-five pounds to be paid out on her education in such manner as her grandmother and mother shall think proper.

Item: I give to my son-in-law WILLIAM CHAPMAN Ten shillings sterling.

Item: I give to my beloved wife my silver watch.

Item: I will and direct that my executors hereafter mentioned do sell at publick vendue the following tracts of land -- part of a tract of land called Mary's Mount which I purchased of JOHN GALLOWAY, one other tract of land called triangles which I bought of THOMAS STOCKETT. part of a tract of land called Larkins Hills resurveyed and part of a tract of land called Bossender both which last tracts I purchased of JOHN HOWARD.

Item: It is my will and Testament that after payment of all my just debts the remainder of my Estate be equally divided between wife SARAH GASSAWAY, my son THOMAS GASSAWAY, and my son NICHOLAS GASSAWAY.

Item: I do appoint my beloved wife SARAH GASSAWAY and my son THOMAS GASSAWAY to be executrix and executor of this my last Will and Testament revoking all wills by me formally made and declaring this to be my last Will and Testament. In witness whereof I have herewith set my hand and seal this twenty-seventh day of May Seventeen Hundred and sixty-two.

~ JOHN GASSAWAY

Signed Sealed and declared by the said John Gassaway to be his last Will and Testament before us
GEORGE STEWART,
JAMES DICK,
JOHN BARCLAY,
HENRY GASSAWAY.

On the 9th July 1762 came doctor GEORGE STEWART, JAMES DICK, and HENRY GASSAWAY the subscribing witnesses to the aforegoing will and made oath on the Holy Evangels of Almighty God that they saw the Testator JOHN GASSAWAY sign and seal the foregoing Will and heard him publish pronounce and declare the same to be his last will and testament and that at the time of his so doing was to the best of their apprehensions of sound and disposing mind and memory and understanding and that they and each of them subscribed their respective names as witnesses to the said will in the presence of the said Testator and at his request and that they also saw JOHN BARCLAY the other subscribing witness to the said will subscribe his name as a witness to said will in the presence of the testator.
Sworn before DAVIDGE Depty Comry., Ann Arundel County

The above probate was taken in the presence of THOMAS GASSAWAY heir at law to the deceased who made no objection thereto. For widows renunciation see folio 839.

Contributed By Mark Jerkatis
Source: Vol. 31, Pg. 684-686