Will - Nicholas GASSAWAY

Dated 19 July 1784

Maryland to Wit -- In the name of God Amen I NICHOLAS GASSAWAY, son of John, of Ann Arundel County being of sound mind, memory and understanding, and considering the uncertainty of this transitory life do make publish and declare this my last will and testament in manner and form following. That is to say First I recommend my soul unto Almighty God my creator trusting on his infinite goodness and mercy through Jesus Christ my gracious Lord and Redeemer for the remission of all my sins my Body to the Earth to be buried in a decent manner as appointed by the Church of England and for such worldly goods as it hath pleased God of his bounty to possess me with I do hereby will and dispose of as followeth:

Imprimis - I give and bequeath unto my loving son JOHN GASSAWAY and to the heirs of his body lawfully begotten all my real Estate at the age of twenty-one years provided he does not marry before he arrives to the above age of twenty-one years. If he does marry then it is my will that no part of my Real Estate shall be delivered unto him until he arrives at the age of twenty-five years and the profits arising on the said Real Estate during the term of five-years to be equally divided between my two daughters hereafter named but if my said loving son JOHN GASSAWAY should die without lawful Issue I then give and bequeath unto my loving daughter MARY GASSAWAY and my loving daughter SARAH COTTER GASSAWAY and to the heirs of their bodies lawfully begotten all my real Estate to be equally divided between them. It is also my will that if my said loving daughters should marry before the age of twenty-one years that then my said real Estate shall be taken into the possession of my Executor hereafter named and not to be given to them till they arrive to the age of twenty-five years.

Item- I give and bequeath unto my said loving son JOHN GASSAWAY my clock watch, gold seal, my silver spurs, one silver strainer and one silver tankard.

Item- I give and bequeath unto my said loving daughter MARY GASSAWAY one silver flat bottom can.

Item- I give and bequeath unto my said loving daughter SARAH COTTER GASSAWAY one silver can. I also give and bequeath unto my said two loving daughters all the money that should be due me at the time of my death either from Bond Note Certificates or Open Accounts including the interest thereon to be equally divided between them when they arrive to the age of twenty-one years and after the payment of all my just debts. I give and bequeath unto my said loving three children all the Residue of my personal Estate to be delivered to them when they arrive to the age of twenty-one years to be equally divided amongst them. It is also my will that my dwelling house shall be a home for my two loving daughters as long as they remain single without any molestation or disturbance from my loving son JOHN GASSAWAY or from any person or persons whatsoever.

Lastly I do hereby nominate and appoint Doctor ROBERT POTTENGER a Relation of my said children my sole Executor of this my last Will and Testament revoking all wills by me formerly made and declaring this to be my last Will and Testament. In witness whereof I have hereunto set my hand and seal this Nineteenth Day of July One thousand seven hundred and eighty four.

~ NICHOLAS GASSAWAY (Seal)

Signed Sealed and delivered by the said Nicholas Gassaway to be his last will and testament in the presence of us who have hereunto subscribed our names as Witnesses in the presence of the said Testator:
WILLIAM CHAPMAN,
ANN CHAPMAN,
SUSANNA GASSAWAY.

On the back of the foregoing Will was written:
Anne Arundel County the 4th day of June 1791-- Then came WILLIAM CHAPMAN and SUSANNA GASSAWAY, now SUSANNA CHAPMAN, two of the subscribing Witnesses to the within Last Will and Testament of NICHOLAS GASSAWAY, late of Anne Arundel County deceased and made oath on the Holy Evangel of Almighty God that they did see the Testator therein named sign and seal the within instrument but at the time of his so signing the same they did not know whether it was a Will or not that the said NICHOLAS GASSAWAY acknowledged to be his hand and seal and that at the time of his so doing he was to the best of their apprehensions of sound disposing mind memory and understanding and that they together with ANN CHAPMAN (the other subscribing witness who is since deceased) respectively subscribed their names as Witnesses to this Will in the presence and at the request of the Testator and in the presence of each other.
Sworn before JOHN GASSAWAY, Regt. Wills, A.A. County

Anne Arundel County the 1st day of September 1791--Then came ROBERT POTTENGER the Executor Appointed in the within Will and made oath on the Holy Evangels of Almighty God that this Instrument of writing is the true, whole, and Last Will and Testament of NICHOLAS GASSAWAY late of Anne Arundel County deceased that hath come to his hands or possession and that he doth not know any other.
Sworn before JOHN GASSAWAY, Reg. Wills, A.A. County

Contributed by Mark Jerkatis
Source: Vol. JG#1, folio: 238-240