Will of John Ward 1822

Last Will and Testament of JOHN WARD, of Baltimore Co., Md., Dated 3 January 1822

In the name of God, Amen, I John Ward of Baltimore County and State of Maryland being weak in body but of sound disposing mind and memory do make and ordain this my last will and testament in manner and form following Vizt. First, I bequeath my soul into the hands of Almighty God who gave it in hope of salvation through Jesus Christ my saviour, and my body to ye earth to be decently buried at the discretion of my executor hereafter named, and as for my worldly estate which God of his mercy hath been pleased to bestow upon me, I give, devise and bequeath as follows Vizt.

First, I give, devise and bequeath unto my son ROBERT WARD two hundred acres of land called New Tavern, in two pieces (that is to say) the first piece thereof beginning at the beginning trees of said land and running thence with an allowance of three degrees for variation North twenty seven degree East eighty perches, still North twenty seven degrees east twenty two perches to the center of the Liberty main road then with the center of said road North eighty three degrees West twenty six perches until it intersects the second line of said land then North twenty degrees east seventy eight perches to a hickory tree marked with six notches, still the same course that strikes said hickory tree twenty two perches until it intersects the south fifty seven degrees east two hundred and seventy six perch line of said land, then with said line south fifty seven degrees east one hundred and fifty seven and a half perches to the end thereof; then south seventy five and a half degrees west forty four perches, then, south twenty seven degrees west ninety four perches west fifty perches south thirty five degrees west sixty seven perches north sixty seven degrees west fifty perches, then with a straight line to the beginning, containing one hundred and twenty six acres. The second piece beginning for the same at the end of four perches on the north forty one and a half degrees east forty eight perch line of said land and running thence with the original lines of said land as deeded to my father ROBERT WARD by John Hawkins, north forty one and a half degrees east forty four perches north twenty four degrees east one hundred and twenty perches south thirty nine degrees east one hundred and fifty five perches and then with a straight line to the beginning containing seventy four acres, and my will is that the aforesaid two hundred acres of land be considered as and for the two hundred acres of said tract of land called New Tavern which was bequeathed to him by my father Robert Ward and if the said two pieces of land should contain less or more than the two hundred acres willed him by my said father, my will is that the deficiency or overplus be added or subtracted as need may require in a paralled direction with the last mentioned given him, also, I give unto my son Robert Ward one shilling sterling, and my will is that the aforesaid land and legacy is all that he or his heirs shall have of my estate.

Item, I give, devise and bequeath unto my son JOHN WARD his heirs and assigns forever (the following pieces or parcels of land Vizt.) the first piece being part of the tract of land called New Tavern beginning at the end of fifty perches on the north sixty seven degrees west ninety perch line of said land and running thence with the said line north sixty seven degrees west forty perches north thirteen degrees west forty perches and then with the given line of the said land south fifty nine degrees east sixty six perches to the beginning trees of said land and then with a straight line to the beginning. The second piece being part of said tract of land beginning at the end of the first line thereof and running thence north twenty seven degrees east twenty two perches to the center of the Liberty main road then with the center of said road north eighty three degrees west twenty six perches until it intersects the second line of the said land and with it reverse to the beginning the said pieces containing eleven acres of land more or less likewise I give unto my said son John Ward his heirs and assigns forever the one half of that part of my tract of land called Eagles Nest that lies south of the said Liberty road and east of the main falls of Petapseco.

Item, I give, devise and bequeath unto my son JOSEPH WARD his heirs and assigns forever the following pieces or parcels of land Vizt. part of the tract of land called New Tavern beginning for the same in the center of the Liberty main road where the fifth line of said land crosses said road and running thence with said line south fifteen degrees eleven perches to the end thereof then south seventy four degrees west eighty four perches north thirty five degrees east fifty three perches to the center of said road, and then with it to the beginning, ten acres of land more or less, likewise I give unto my son Joseph Ward his heirs and assigns forever the other half part of my tract of land called Eagles Nest that lies south of the said road and east of the main falls of Petapseco and my will is that my said son John and Joseph or their heirs should amicably divide the said part or portion of eagles Nest above given them so that each may have his part thereof as contiguous as possible to their personal dwelling.

Item, I give, devise and bequeath unto my son WILLIAM WARD (for and during his natural life) all that part or portion of land hereafter described being part of the tract of land called New Tavern and lying and being north of a line drawn across the said tract of land from the beginning of the south fifty seven degrees east two hundred and seventy six perches line of said land to the end of the north forty six perches line of said land and south of his said brother Robert Wards piece of seventy four acres heretofore described, but not to pillage or waste, and I do hereby appoint, request and impower my sons Robert and John Ward to have the care of said piece of land and see that the timber thereof be not cut to waste and the detriment of the legatees first after this named and after my said son Williams decease, my will and desire is that the piece of land above devised to him be equally divided among his children and their heirs and assigns forever.

Item, I give, devise and bequeath unto my son SAMUEL WARD, his heirs and assigns forever, all that part of the tract of land called New Tavern on the north side of the said Liberty main road and not heretofore devised by me.

Item, I give, devise and bequeath unto my four daughters or their heirs or legal representatives, vizt. MARY GOSNEL, ELIZABETH SIMMONS, SARAH BORING, and RACHEL COOK, one hundred and fifty dollars each and likewise I give one hundred and fifty dollars to the heirs of my deceased daughter ANN BURNSIDE to be them respectively as hereafter directed Vizt. My will is that my son John Ward or his heirs pay unto his sisters Mary Gosnel and Elizabeth Simmons or their heirs one hundred and twenty five dollars each in three years after my death and that my son Joseph Ward or his heirs pay unto his sisters Sarah Boring or her heirs and the heirs of my deceased daughter Ann Burnside twenty five dollars each in three years after my death. Also my will and meaning is that the legacies above given shall have a lien each on the lands of my sons respectively who are above enjoined to pay the same and that the land or lands of the delinquent or delinquents shall be answerable for the said legacies respectively, they being intended to be in lieu of their parts of my land. Likewise my will is that in case of my son Robert or his heirs should not abide the division as I have in this my will made for his or their part of the tract of land called New Tavern given him by his Grandfather Robert Ward and it should be divided so a to interfere with any of the parcels or pieces of land above devised to my other sons, my will is that my sons John, William and Samuel or their heirs should proceed to a new division of the remaining part of said tract of land called New Tavern on the north side of the Liberty main road, moving the lines and so altering of them that each may have their preportion thereof as first by me allotted them if not in the same place.

Item, I give, devise and bequeath unto my granddaughter Elizabeth Ward, daughter of my son William, and her heirs, a bearough and one feather bedstead and furniture thereto belonging.

Item, I give, devise and bequeath unto my granddaughter Sarah Gosnel or her heirs her choice of one of my cows and sucking calf if the cow should have any, likewise here choice of one of my feather beds with bedstead and furniture thereto belonging.

Item, my will is that after all my just debts, funeral expenses, and legacies that are before given out of my personal estate are paid all the remaining part of my said personal estate be equally divided into five parts and given one fifth thereof to each of my said daughters or their heirs and the remaining fifth part to be equally divided between the heirs of my deceased daughter Ann Burnside.

Item, I hereby appoint my said son Samuel Ward executor of this my last will and testament both to pay all my just debts and funeral expenses and legacies given out of my personal estate and to collect and receive all debts of whatever nature so ever that may be due me and I hereby impower him to do so without taking out any letters of administration on my estate, it being my will and desire that no letters testamentary should be taken or granted thereon; moreover I hereby disannul and revoke all other will or wills heretofore by me made publishing, pronouncing and declaring this only to be my last will and testament. In Testimony whereof I have hereunto set my hand and affixed my seal this third day of January eighteen hundred and twenty two.

John Ward (seal)

Signed, sealed, published, declared in the presence of Elijah Robosson, Jesse Bennet, Solomon Allen.

Contributed by Linda Lawhon
Source: Baltimore Co. wills 13 (2-28-12)pp. 258-62