Will of Nicholas Day 1704

Will of Nicholas Day of Baltimore Co., Dated 1 Dec 1704, Proved Feb. 2, 1705

Baltimore County. In the name of God Amen. this first Day of December one thousand Seven hundred and four I Nicholas Day of Baltimor County being Sick and weak in body but perfect Strength and Memory thanks to all mighty God for and Calling to minde the uncertaine Estate of the Transitory life Doe Constitute and ordaine and Declare this my last will and testament in manner and forme following-- Revoaking and by those presents testamt or wills heretofore by me made and Declared Either by word or wrighting and this to be Taken only for my last will and testament and none other

viz I give my Soul to all might God my Saviour and Redeemer in hume and by the merrits of Jesus Christ I trust and believe assurdly to be Saved and to have full remission and forgiveness for all my ______ [not transcribed] that my Soul with my body at the genrall Day of Resurrection Rise againe in Joy and through the merritts of heaqven prepared for his Elect and y body to be buried in such manner as it Shall please my Executr. hereafter I shall appoint

and now for the Settling of my Temporall Estate

first I Desire that all my Just Debts that I owe in right to any man Shall well and truly be paid or ordered to be paid in Due time after this my Decease by my Executr. however named

Item I give unto my Sonn Nicholas Day all that tract of Land at Gunpowder Called or Knowne by the Name William the Concour to the said Nicholas Day and his heirs for Ever and for want of such heirs after his Decease to be Deemed the proper right and Interest of my Second Sonn Knowne by the name Edward Day to him and his heirs for Ever

Item I give unto my Sonn Nicholas Day all that parte of my Stock of hoggs that is of his proper Marke and alsoe I give to my daughter Sarah Day all that parte of my Stock of hoggs that is of her proper markes. Item I give unto Obediah Pritchett Six young Sows with pig or pigges by them Due alsoe I give unto Walter Pardue four young Sow Shoat

Item I give unto my Two youngest Daughters Elizabeth Day and Dinah Day all that part of land whereon I now live to be Equally Divided between them after the Death of my Loveing wife Sarah Day to them and their heirs for Ever.

as for my personal Estate I do ordaine it to be Equally Devided between my wife and my five children

and lastly I Doe hereby Constitute and ordaine and apoint my above Said true and loveing wife Sarah Day to be my Sole and only Executrix of this my last will and testamt as witness my hand and Seale the day and year above written
Signed Sealed and Delivered
Nicholas ND Day (seal)

in the presense of
John (his mark Whittaker
Cath. (her mark) Whitakker
Jno Deaver
Hannah Deaver

Feby 2nd 1704/05

Then came John Whittaker and Catherine his wife John Deaver and Hannah his wife the wittnesses to the above written will and proved the Same in common forms before me
Henry Wriothesley Depty Com of Baltemore County

Contributed by Wally Garchow
Source: Baltimore Co. Wills, Lib.3 Fol.437-8.