Will of Nicholas Haile 1729

Will of Nicholas Haile of Baltimore Co., Dated 27 Feb 1729, Probated 18 April 1730

In the name of God Amen. I Nicholas Haile of Baltimore County in the Province of Maryland being weake of body but of perfect mind and memory thanks be given to God for the same hoping sure trusting to him for remission of my sins through his Son Jesus Christ our Savior & knowing the uncertainty of this mortal life have ordained and do ordain this to be my last Will and Testament & I do hereby utterly Disallow and make invalid all other former wills by me made but do fully confirm this my last Will and Testament. I also will that my well beloved Wife Francis Haile to be my whole and Sole Executor of this my last Will and I do trust to her for a decent Burial. I also will that all funeral charges and just debts to be honestly and legally paid and discharged.

Item: I will unto my eldest son Nicholas Haile have that tract of and called Hailes Fellowship whereon he now liveth to him & his heirs of his body lawfully begotten forever. (sic. There is a paragraph here that is so small I could not read it. It is like it was written in afterward and mentions his son George) his Heirs of his body lawfully begotten forever but and if my two sons Nicholas Haile and George leave no lawful heirs them his or their part or parts of Land to the next of kin and so constitute as aforesaid forever.

Item: I will to my well beloved Wife Frances Haile my now Dwelling plantation called part of Merryman's Lott and my new plantation called Hailes Addition to her and for her without Molestation During her natural life and after Disease to my son Neale Haile and my daughter Mary Haile . Item: to my Son Neale Haile my now dwelling Plantation which is called part of Merrymans Lott to him and his heirs for ever also I will that my son Neale Haile to have part of that tract of Land called Hailes Addition adjoining to my new dwelling Plantation and to begin at a great ? ? by the great Run of this tract and to him with a ?? line to a bounded black oake being on the land called Hailes Addition to my son Neale Haile and his heirs lawfully begotten by him, but and if he dies without heirs fully begotten then all his land to the next of kin.

Item: I also will that my eldest daughter Mary Haile shall have all the remainder part of that tract of land called Hailes Addition to her and her heirs of her body lawfully begotten then that land to the next of kin. Item: I will unto my two daughters Hannah Haile and Ann Haile my tract of land called Mount Pleasant containing one hundred and fifty acres to be equally divided between them and for them and their heirs lawfully begotten for ever. Hannah to have her first choice but and if they, one or both die without issue lawfully begotten then to the next of kin as above said.

Item: I give to my two Daughters Millisant Haile and my Daughter Sabbiner Haile one hundred acres of Land lying on Stonyruning called Hailes Folley to be equally divided between them Millisant to have her first choice to them and their heirs lawfully begotten for ever but and if they die without issue lawfully begotten then to the next of kin and each of them one heifer apiece besides their equal share in the ? Estate.

Item: I also will that my three old Negroes be to my wife to maintain her herself and my son Neale Haile so long as long as she liveth but and if any negro Woman bring children then the first child to my youngest Daughter Ann Haile & the next to the next youngest and so on till every one of my children has one negro child if so be that my Negro woman or women should bring so many but and if my wife should die then the three old Negroes to my son Neale Haile but and if he should die without heirs to the next of kin. Item: I will that my son George Haile have the mare cold that is now with and came of my mare called Dainty and the nest colt that either of my mares bring to my Daughter Millisant and the next to my Daughter Sabbriner and the next to my Daughter Ann and the next to my son Neale Haile also all the rest of personal Estate to be equally divided amongst all my children. In Testamony hereunto I have fixed my hand and Seal this Twenty seventh Day of February one Thousand seven Hundred and Twenty nine. Sealed published and Declared by the said Nicholas Haile to be his last Will and Testament in the Presence of us
John (His mark) Merryman,
Johannah (her mark) Merryman,
Francis Hinckley.
Signed Nicholas (N his Mark) Haile (seal)

On the back of the aforegoing Will was thus written: Balt. County for April 18, 1730 came John Marryman Johannah Merryman & Francis Hinckley the subscribing witnesses to the within Will and made oath on Almighty Evangelist of Almighty God that they saw the Testator Nicholas Haile Sign Seale and heard him publish and declare the within to be his last Will and Testament & that at the Time of his so doing he was to the best of their knowledge of sound and disposing mind and that they subscribed the said Will in the presence of the said Testator sworn to before Tha Sharedine D. for Balt Co.

Contributed by Selena DuLac

Data copied from the Will of Nicholas Haile, Baltimore Co., MD, dated 27 Feb 1729, Probated 18 Apr 1730, SLC Family History Center Microfilm #0012848 R, Probate Records of MD Vol 19-20 1726-1734