Will of Captain John BAYNE (1700); Charles County, Maryland Copyright(c) 2003 by Ann Stinson http://www.usgwarchives.net/copyright.htm ******************************************************** Will of Captain John Bayne, dated 5 October 1700, proved 25 October 1701. (Land Office, Annapolis, MD, Wills, Liber T.B. No. 11, folio 217) “In the Name of God Amen, I John Bayne of Charles County being sick and weak in body but in sound and perfect mind and memory thanks be to Almighty God I doe hereby Constitute ordain and appoint this to be my Last Will and Testament Revoaking and annulling all former will or wills by me made. “Imprimis – I bequeath my Soul to Almighty God that gave it and my body to the grave to be decently buried by my executor or executrix hereafter mentioned – “Impris – I give and bequeath unto my dear and loving son Ebsworth Bayne all those three tracts or parcells of Land being the Forrest Quarter the one called BRATHWOOD containing eight hundred acres INDIAN CABIN being two hundred acres and two hundred acres called NEVITTS DESIRE in all twelve hundred acres the said three Tracts of Land I give unto him and his heirs forever. I also give and bequeath a Certain Tract of Land lying in Piscattaway on the one hundred and fifty acres or thereabouts formerly bought of Mr. William Hutchison the said Tract of Land I give to hime the said Ebsworth and his heirs forever after the death of dear wife – 3dly WHEREAS I have a speciall warrant of two thousand acres of Land and the said Warrant is in possession of the Surveyor Mr. Clement Hill Junr, I have ordered part of the said warrant to be laid out for my Daughter Ann all that part that lyes on the South or South East side from the Lines of LOCKUST THICKETT to the Timber marsh supposeing two or three hundred acres –I give to my Daughter Anne and her heirs forever of the said Land warrant Soe likewise I have entred with the said Surveyor what Land lyes on the North side of the said Tract of Land called LOCKUST THICKETT for my son Walter Bayne out of the said warrant and also what Land lyes to broad Creek Landing I allow and give to my son Ebsworth and Daughter Anne on – acres of Land a piece for a store house for each of them and their heirs forever or what Land is (blank) their Soe that according to these reserves laid and nominated I bequeath out of the remainder part of the warrant that may remaine Eight hundred acres of the said warrant to my dear and Loving Son Ebsworth Bayne to hime and his heirs forever and I doe pray and request my Trusty and well beloved and Esteemed friend the Honble Coll John Addison to the Layor out or director where the said warrant should be laid either up att Rock Creek or where else he shall think most convenient and properest for the use and benefit of my son Ebsworth also beseeching my said friend for what is remaining of the said Warrant that belongs to my son Walter to Crave his favours in the like nature where he shall think most convenient for my said Son Walter’s Advantage and Interest – Whereas I bought two tracts of land of J. Benjamin Posey one called Muddell Branch by Pattent one hundred and odd acres the other by Deed from Nicho: Bellaine to John Posey one hundred acres I give the said two tracts of land to my son Ebsworth Bayne to hime and his heirs forever As for my personal estate that God hath been pleased to bless me with I doe give and bequeath to my dearly beloved wife Anne Bayne and my son Walter Bayne my son Ebsworth and my daughter Anne Bayne according to the direccons hereafter mentioned that is to say att their coming to age or day of marriage every of the said children to have four negroes and ninth part of the rest of my personall Estate to be delivered according as hereafter mentioned that is to say my Dear Trustees and well beloved friends Coll John Courts and Major James Smallwood. Coll John Addison and Majr. Wm. Dent and Mr. Benjr. Hall them or the majr. Part of them or two of them I doe Intreat and beg to be as my Trustees for settling and ending any matter of difficulty or difference in dividing to each child its proportionable proporcon yearly and timely as they shall become due to be divided and what you or any major part of you Trustees as aforesaid shall act or doe according to these direccons here and hereafter nominated shall be finall and determinate and that is to say to the Inheritance of my personall Estate amongst my wife and children aforesaid is to be divided as aforesaid only if she lives a widdow unmarried – But in case my said wife should marrie then my children to have and to be claimed and divided by you that are my Trustees such and such parts as shall become their equall child’s porcon each to other att the time of such intermarriages or according to Inventory as you my said Trustees shall best approve on Between my said wife and children and soe to be divided by you in six or ten months att your convenience or discretion after or before such intermarriage but in case my said wife should remaine a widdow that she should have all and every part saving as before menconed of my whole and sole estate in her possession profits and benefits during her widdowhood and life and upon alteracon thereof if she dye before my said children comes to age my will is that my whole estate be kept intire according to the best of my Trustees discretion and appointment for the use of my said Children and that it should be divided yearly as they shall become to age or marriage my son Ebsworth att Eighteene to claim his age for inheritance but not to dispose of a negroe or sell any Land untill he is twenty one years of age my Son Walter att age att my death but if it pleases God I should dye before I return from England the said Walter not to be at age till twenty one ---WHEREAS I have past my lands that I have thought fit for my son Ebsworth those to be his and none other My Daughter Ann that menconed to be hers in this said will and the Plantacons formerly given by deed of gift that is to say the one moyety of LOCUST THICKETT on the south side Ainsons branch and for what further Lands I am possessed of at this time saving the MEADOWS belonging to my son Ebsworth if any claimes should arrise by marriage I bequeath to my son Walter as heir to Inheritt and enjoy forever after the death of my dear wife Anne Bayne and now my wife Estate hereafter menconed hath a claime of her thirds of the said disposed lands this my will is that if she will respectfully claime and comand the same then I doe order each child shall claime from her one negroe each more upon her claiming the said Lands or after marriage such an one as at the discretion of Trustees before menconed shall think meet and convenient – Further for the especiall Trust true love and pure affection I have and bear to my before menconed Trustees Coll John Courts, Major James Smallwood, Coll. John Addison, Major William Dent and Mr. Benjamine Hall I doe bequeath and give each and every one of them ten pounds Sterl to buy each a mourning Ring suit and good Rings and in Case Cloth for mourning suits cannot be obtained and gott here my will is that my Executrix hereafter menconed shall send for England for such and soe many suits and Rings as shall be to receive for It’s my full desire and will that it should be in the very suits and rings delivered and not otherwise I doe give unto Thomas Whicholey – a Servant four years to serve at least and the horse called Cropp and five pounds sterling to be paid out in a mourning suit and not otherwise Also my two God Children that are of my owne name Bayne Smallwood and Griggs I doe give and bequeath each of them one Cow and Calfe one mare and foale and Sows and Piggs and two Yewes and lambs and a bible and a Comon Prayer book to be delivered by my Exectrix or Trustees And for what other God Children I am God Father to I give each of them a Young heifer or young mare and one years schooling together with bible and Comon prayer book at the discretion aof my Executrix and Trustees LASTLY I doe hereby ordaine Constitute and appoint my Trusty and well beloved wife Anne Bayne my whole and sole Executrix of this my last will and Testament In Witness whereof I have hereunto sett my hand and seale this Fifth day of October Annoq Din one thousand Seven hundred JNO BAYNE (Seal) Signed Sealed and delivered in presence of us Elinor Bayne x her mark Elinor Beale x her mark Thomas Wicholey Wm. Holt Joseph Cowper 25th Octobr. 1701. Then came before me Elinor Beale and William Holt two of the Severall and respective witnesses to the Last will and Testament of John Bayne late of Charles County deced and gave oath upon the holy Evangelist that they did each of them see the said deced Bayne in his life time Signe seal and deliver pronounce publish and declare the Instrument in writing hereunto annexed to be his Last will and Testament Richd Boughton Deputy Comry Carol Comit