Will - Benjamin PENN

Dated 08 Feb 1777; Proved 24 Apr 1777

In the Name of God Amen. I Benjamin Penn of Anne Arundel County of the Province of Maryland Planter being sick in body but of Goode and sound memory thanks be to Almighty God and Calling to remembrance the uncertain Estate of this Transitory life and that all flesh must yield to death when it shall please God to call, do make Constitute ordain and declare this my Last Will and Testament in manner and form following revoking and anulling by these presents all and every Testament or Testaments Will or Wills heretofore by me made and declared either by word or writing and this to be taken only for my last Will and Testament and none other and first being Penitent and sorry for my past sins most humbly desire forgiveness for the same, I give and commit my Soul unto Almighty God my Savior and Redeemer in whom and by the merits of Jesus Christ I trust and believe assuredly to be saved and to have full Remission and forgiveness of all my sins and that my soul with my Body at a General day of the resurrection shall rise again with Joy and through the Merits of Christs death and passion possess and Inherit the Kingdom of Heaven prepared for his elect (or "elite") and chosen and my Body to be buried in such a place where it shall please my Executors herafter named to appoint and now for the setling of my Temporal Estate I will that all these debts and dues as I owe in right or conscience to any manner of Person or Persons whatsoever shall be well and truly paid within convenient time after my decease by my Executors hereafter named.

Item. I give and bequeath unto my beloved Wife Dinah Penn one third part of my whole Estate during her life.

Item. I give and bequeath unto my beloved Son Charies Penn one Shilling sterling and no more of my estate.

Item. I give and bequeath unto my beloved Son Edward Penn one shilling sterling and no more of my estate.

Item. I give and bequeath unto my Daughter Jane Murphey a Cow & Calf and my sorrel Horse and no more of my Estate.

Item. I give and bequeath unto my beloved Son Joseph Penn a feather bed & furniture.

Item. I give and Bequeath unto my beloved daughter Mary Penn one Negro Girl named Airy and a Cow and Calf.

Item. I give and bequeath unto my Son Benjamin Penn Five thousand weight of Tobacco likewise a Cow and Calf.

Item. I give and bequeath unto my beloved son Shadrack Penn my dwelling Plantation to him and his heirs forever.

Item. I give and bequeath to my beloved daughter Sarah Pen A Negro Girl named Rachel and a Feather Bead and Furniture.

Item. Lastly I Constitute Ordain & Appoint my two sons Benjamin Penn & Shadrack Penn my whole and sole Executors after my wife receives her third out of the Estate then the rest of my Estate equally to be divided between Mary Penn, Benjamin Penn, Shadrack Penn, Sarah Penn & Joseph Penn this being my last Will and Testament. In witness whereof I have hereunto set my name and affixed my seal this eighth day of Februar One thousand seven hundred and seventy seven.
Benjamin Penn, his mark.

Signed sealed and acknowledged in the presence of Sam Hobbs of Wm., Thomas R'igby, Jeremiah Duvall.

On the back of the foregoing Will was thus Written Viz. Anne Arundel Co. April 24, 1777. Came Samuel Hobbs and Jeremiah Duvall two of Suscribing witnesses to this within Will and made oath that they saw Benjamin Penn the Testator sign & seal this 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 he was to the best of their apprehensions to be of sound and disposing mind memory and understanding and that they signed their names as witnesses to this will together with Thomas Rigby in the presence and at the request of the Testator and in the presence of each other. Sworn by me Elie. Nallotte (or Vallotte) Deputy Com. A. A. Coty.

Ann Arundel Coty. Jct (or Sct.?) C'ame Dinah Pen the widow of the deceased and renounced the Legacies bequeathed to her in this Will and claims what the Law allows Widows in cases where there are no children. Before me ElieVallotte D. Com. A. A. Coty.

Source: Prerogative Court (wills) 41, pp. 429-430, 1777 [MdHR 1324, 1-112-9].
[Note:The "Magruder's Maryland Abstracts. . . " comp by James M. Magruder Jr., states near the end of the abstracted version of this will that "Dinah Penn widow claims 1/3 of the estate".]