Will of Nicholas Gill 1795

Will of Nicholas Gill of Baltimore County, Dated 31 Dec 1795, Proved 3 Feb 1796

In the Name of God Amen. I Nicholas Gill of Baltimore County in the state of Maryland, being of a sound and disposing mind memory and understanding Praised be God for the same, but Considering the certainty of Death and the uncertain time thereof do make publish and declare this my Last Will and Testament in manner and form following that is to say/ First and Principally I Commend my soul into the hands of Almighty God who Gave it and my body I committ to the earth to be decently Interred at the Discretion of my Executor hereinafter named. And as to which Temporal Estate wherewith it hath pleased the Almighty God to bestow upon me, I Give devise and dispose of the same as follows. I will and desire in the First place that after the just debts I shall owe at the time of my decease the same being Legally proved be fully paid and Satisfied and discharged as also my funeral expences.

Imprimis I Give devise and Bequeath unto Susannah Gill Catharine Gill and Elizabeth Gill daughters of Elizabeth Gill (of William) my Good and Loving wife born on her body before marriage each and every of them the sum of one English Guinea to be paid to them out of my personal Estate by my Executor hereinafter named As they shall Severally attain to their respective ages of sixteen Years. But in Case either of the said Susannah Gill, Catharine Gill, or Elizabeth Gill should depart this life before she or they attain her or their age or ages of sixteen years then and in such Case my will and meaning is that the said Bequest or Bequests of her or them so dying, shall Go and descend to the survivor or Survivors of them. And as for the Rest Residue and Remainder of my real and personal Estate of what nature or kind soever that I shall die Possessed of, after my just debts and funeral Expences are fully paid and satisfied I give devise and Bequeath unto Stephen Gill son of the said Elizabeth Gill my Good and Loving wife born on her body before marriage and to his heirs Executors Administrators and assigns forever, as soon as he shall attain his full Age of eighteen years and not before, but in Case the said Stephen Gill should depart this life before he attains the full age of Eighteen years then and in that case I Give devise and bequeath my real and personal Estate so by me Given and devised and bequeathed to the said Stephen Gill to Susannah Gill, Catharine Gill and Elizabeth Gill Daughters of the said Elizabeth Gill my Good and loving wife or to such of them as shall be living at the time of the decease of the said Stephen Gill share and share alike and to her and their heirs Executors administrators and assigns forever. Nevertheless it is my will and desire that in Case I should depart this life before the aforesaid Stephen Gill attains the age of Eighteen Years, That the aforesaid Elizabeth Gill (of William) my Good and loving wife shall keep possession of all my Real and personal Estate of whatever nature and kind soever for the maintainance of herself and her four children viz. Stephen, Susannah, Catharine and Elizabeth Gill he the aforesaid Stephen Gill arrives to the age aforesaid provided she remains my widow. Otherways it is my will that she shall be deprived of every Benefit herein Contained. And I do hereby authorize Constitute and appoint John Kemp of the County and state aforesaid sole Executor of this my Last Will and Testament hoping and Trusting that he will see it Executed and performed according to the true Intent and meaning thereof and Lastly, I do hereby revoke disannul and make void all former and other wills and Testaments by me heretofore made and do declare this and none other to be and Remain my Last Will and Testament Contained in one sheet of Paper.

In Witness whereof I the said Nicholas Gill the Testator have hereunto set my hand and affixed my seal this Thirty first day of December in the Year of our Lord one thousand seven hundred and ninety five.

Nicholas [his mark] Gill {Seal}

Signed sealed published and declared by the said Nicholas Gill as and for his Last Will and Testament in the presence of us who in his presence and at the Request and in the Sight and presence of each other have witnessed the same.
Jere. Johnson
Jere. Johnson Jun^r
Stephen Gill

Baltimore County to wit on the third day of February 1796 Came Jeremiah Johnson Sen^r and Jeremiah Johnson Jun^rand Stephen Gill subscribing Evidences to the aforegoing Last Will and Testament of Nicholas Gill late of said County deceased and made oath on the holy Evangels of Almighty God that they did see the Testator sign and seal this Will that they heard him publish pronounce and declare the same to be his Last Will and Testament that at the time of his sodoing he was to the best of their Apprehensions of sound disposing mind memory and understanding and that they subscribed their names as Witnesses to this Will in his presence at his request and in the presence of each other. Sworn before me. Register of Wills for BCounty.
W^m Buchanan

Baltimore County to wit on the third day of February 1796 came Elizabeth Gill the widow of Nicholas Gill late of said County deceased and made her Election to stand to and abide by the will of her deceased husband with Regard to the Real Estate only, and that she Claims her Dower or third part in the Personal Estate according to Law. Before Wm Buchanan, Regs. Wills, Balt County.

I John Kemp the appointed Executor in the Last Will & Testament of Nicholas Gill late of Baltimore County deceased do hereby refuse to act as Executor to said Will by virtue of such appointment and do therefore Renounce all my Right Title and Claim to said Executorship accordingly.

Witness
Giles Cole
John Kemp

Contributed by Cheryl Kemp Perkins
Source: MSA: Baltimore County Wills - CR72,242-1 Liber 5, Folio 348-351