Anne Arundel County
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In the name of God, Amen.
I, John C. Weems, being advanced in life and desirous of making my final arrangements of
my property and making quiet disposition of it among my family do make this my last
will and testament, hereby revoking all others.
Firstly, I have deeded to my son Franklin Weems about three hundred acres of land adjoining my present homestead which I now confirm to him. I now will, devise and bequeath to my five daughters, Catherine, Mary, Sarah Ann, Elizabeth, and Francis Weems all the rest and residue of my real and personal estate, share and share alike, including the farm on which I now reside, it being my wish that they shall take and possess and enjoy it to them, their heirs, executors, administrators and assigns, subject to the following limitations. It is my will that my son Franklin Weems shall take and hold all said property of every description (exception the said three hundred acres deeded to him) in trust for his said sisters and my dear wife, Elizabeth, she to receive from him an equal part of the proceeds and yields of said Estate with each of my said daughters, during her life, that is, each of them receiving and enjoying the one sixth part of the same, after the compensation to my said son Franklin hereinafter provided for, for the services hereinafter exacted of him and after also, there shall have been deducted the annuities and legacies I may hereinafter leave and will.
I will, accordingly, that to enable my said son Franklin to work and till my said lands for the benefit of those hereby provided for, he shall take the said lands and my Negroes and personal property in trust; he to work my said lands and his three hundred acres and crop them all together with my said Negro slaves, horses, teams, etc. to reserve and hold for himself one fourth part of the net yield of all said lands and property including said three hundred acres and paying to his said mother and sisters equal sixth parts of the remaining three fourths part of said net yield.
But I will that first of all and before any division takes place, my said son Franklin Weems shall pay to my granddaughter Catherine Weems, daughter of my son Doctor Stephen Weems, the sum of one hundred dollars a year, during her single life, it being my wish that she should have a home among my family as long as she shall desire it, being unmarried, and that my said son Franklin may from year to year lay out said hundred dollars for her education, support, etc. according to his own judgment.
The interest and property I have given and hereby willed to my said daughters, I will that they shall hold and enjoy to their own sole and separate use free from the use and control of any husband, either of them may have at the time of my death or at any time afterwards. It is my will that after my death, my said son Franklin shall go on and as he heretofore has done, apply all the net yield of my estate to the payment of my debts till all is removed and the estate is clear.
It is my will that my wife and each of my said daughters as long as each shall continue single, shall have a home and residence in my present dwelling house at Lock Eden it being my wish that the said estate should not be divided till all my debts are paid and so long as my said son Franklin shall have consent to hold the trust hereby reposed in him. While paying my debts until they are all paid. I will and desire that my said son Franklin shall work the estates all together as aforesaid he applying each year such portion to the debts of the said proceeds as he deems judicious, before any division takes place among the family. Should my said son Franklin Weems be induced for any cause to relinquish the trust herein reposed in him or should my beloved wife and daughters be deprived of his protection and assistance by death, it is my will that my wife, acting with the advice and consent of a majority of my daughters shall employ or appoint another person to be a trustee upon such terms and for such time as they shall agree on, so that no sale or division of my said estate Loch Eden shall be made or effected during the life of my said wife nor while there be one of my said daughters remaining unmarried.
Lastly, I will further express a desire (not my will) to have what weight and influence it may, with my dear wife and her children herein named and provided for as aforesaid. To wit, that should either of her sons now living or their families or the family or any member of the family of my dear deceased son John W. Weems or my dear niece Elizabeth Hackara (?) or any child of hers ever be in want of assistance, that such assistance may be afforded them or any of them so far as circumstances will permit, just as they can readily believe that I would myself tender to his, her, or their wants were I living.
I hereby establish and appoint my dear wife Elizabeth Weems and my son Franklin Weems Executor of this my last will and testament. In witness thereof, I have hereunto set my hand and seal this twentieth day of June 1850.
Witness:
David G. Weems
Hezekiah Fisher
S. S. Griffith
Whereas I, John C. Weems of Anne Arundel County and State of Maryland have made and executed my last will and testament in writing, bearing date the twentieth day of June 1850, which said last will and testament and every clause, bequest and devise therein contained, I do hereby ratify and confirm (saving and excepting such clauses , bequests, and devises therein mentioned as are by me hereinafter revoked and made void) and being desirous to alter some parts thereof, and of making some additions thereto, do therefore hereby make this my codicil which I will and direct shall be taken and held as part of my said last will and testament, in manner and form following.
Whereas, since the making of my last will and testament, I find it necessary and incumbent on me to make some provision for my son Doctor Stephen W. Weems and his family and in consideration of such hereinafter made for my said son Stephen W. Weems, I hereby revoke that part of my will and testament wherein I gave and bequeathed to my granddaughter Catherine Weems, the daughter of my son Stephen the annuity of one hundred dollars.
And whereas by my said last will and testament, I did will and devise and bequeath to my five daughters, Catherine Weems, Mary Weems, Sarah Ann Weems, Elizabeth Weems (now Elizabeth Tilliard) and Frances Weems all the rest and residue of my real and personal estate, share and share alike, including the farm on which I then resided, and do now reside, subject to and under certain conditions and which I do hereby desire and will to be carried out and observed and whereas in order and with a view to providing for my said son Stephen and his heirs an equal portion of the estate so willed , bequeathed and devised to my five daughters herein before named, conferring on him and confirming unto him my said son Stephen the same right and title to an equal share of my aforesaid estate as is conferred upon my daughters by my said last will and testament, subject however to the same conditions and limitations therein mentioned and instead of my wife and daughters receiving one sixth part the proceeds and yield of my said estate after compensating my son Franklin Weems as therein provided for, they and each of them, that is to say, my wife, daughters, and my son Stephen shall each receive one seventh thereof, it being my intention that my Stephen and his heirs shall be benefited in an equal degree and to an equal extent and to share equally with my daughters before and after the division of my estate.
I hired to my son John W. Weems, now deceased, at the time he removed to the South several Negro slaves for the use of which (by agreement) he was to pay me a portion of the crop of cotton annually, which he failed to do with the exception of one year and as he had their services without any remuneration or compensation for several years thereafter and until at and by his own request, I transferred the services of said slaves to my son A. Wellington Weems who has had and enjoyed their services ever since without compensation or remuneration, notwithstanding said transfer was made upon the same terms and under the same stipulations that my said son John W. Weems had taken them, to wit, they and each of them agreeing to pay me annually a portion of the crop of cotton so long as it suited my convenience or pleasure to let them remain in their possession and believing as I do that the gratuitous services of said slaves enjoyed and received by my said sons John W. and A. W. Weems is fully equal to any provision I have made or can make for the residue of my estate, all things considered and the time having now arrived when the services of said slaves are absolutely necessary to enable my son Franklin Weems to cultivate my lands and to execute the trust reposed in him by my last will and testament (to which I affix this as a codicil and which I hereby direct shall be taken and held as part of my last will and testament) I have directed and empowered my son A. Wellington Weems now on his way to or in the state of Louisiana, to sell and dispose of said slaves or such of them as may be alive and the increase of all, who may be living or dead and to remit to me, if living or to my son Franklin Weems should I die before my son A. W. Weems executes the trust reposed in him in relation to said slaves, the money arising or accruing from the sale of said slaves together with the amount received for Negro boy Alex who was sold by my son A. W. Weems by and with my consent with the understanding that the slave so sold should be replaced by the purchase of another, and I hereby do require (it being my will and desire that my said son Franklin Weems shall lay out, invest and appropriate the money arising from the sale of such slaves as are herein referred to, in the purchase of slaves to be employed in the cultivation of the lands mentioned or referred to in my last will and testament.
In order and with the view and intention of assisting my son A. W. Weems and Mrs. Martha Weems, the widow of my dec'd son John W. Weems, and their children, and to prevent the Island now held and possessed by my son A. W. Weems and Mrs. M. Weems and her children from being sold at Sheriff's sale, I advanced certain sums of money to pay judgments on said land and directed said judgment or judgments be entered in the docket in the county in the state of Louisiana wherein the said island lies and is situated, for my use. Now it is my will and desire that my executors named in my last will and testament shall proceed to collect the amount of said judgment or judgments as the case may be and apply the proceeds thereof to the payment of my debts.
In making this codicil to my last will and testament, I have not given to my grandchildren, the children of my deceased son John W. Weems, any portion of my estate or property. For reasons not necessary to enumerate but sufficiently necessary to satisfy my own mind of the propriety and justice of my course, but fearing that an omission on my part to make some provision for them might be construed as a want of affection, I feel it my duty to declare that, I entertain for them and each of them an equal share of love and affection that I entertain for my children or other grandchildren and further it may not be improper to say that their mother has it in her power to provide for them more substantially than I have provided for my own children.
In witness whereof, I have hereto set my hand and affixed my seal this fifth day of February in the year of our Lord one thousand eight hundred and fifty eight.
Witness
T. J. Franklin
R. Mackubin
John Crandell
Anne Arundel County, the 19th day of February 1862, Dr. Thomas J. Franklin affirms the will for probate.
Contributed by Anne Agee
Source: Will of John C. Weems, Anne Arundel County, Liber BEG #1 Folio 476,
at the Maryland Archives Anne Arundel County Wills Box 5 Folder #22
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