Will of Robert Darnall Sewall, Prince Georges County, Maryland 1852

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Will of Robert Darnall Sewall
Resident of Prince Georges County, Maryland
December 31, 1852

In the Name of God Amen.  I Robert D. Sewall of Prince Georges County 
Maryland being of perfect health of body and of sound and disposing mind, 
memory and understanding and capable of executing a valid deed or contract, 
(?) the certainty of death and the uncertainty of (??) and being desirous 
of settling my worldly affairs and thereby be the better prepared to leave 
this world when it shall please God to call me hence do therefore make and 
publish this my last will and testament in manner and form following that 
is to say:

First and principally I commit my soul unto Almighty God and my body to 
the earth to be decently buried at the discretion of my Executors herein 
after named and after all my debts and legacies and funeral charges are 
paid I devise and bequeath as follows;

ITEM:   I will and direct that all my stock of cattle, horses, sheep, hogs, 
farming utensils and implements of husbandry together with all my crops of 
every description be sold by my Executors and the proceeds  thereof  
together with all monies which may be due me at the time of my death be 
applied to the payment of any just debts, legacies and funeral charges.  
And if this portion of my estate shall not be sufficient for this purpose, 
then I direct that my Executors shall sell such portion of my negros as 
they may select to provide for such deficiencey.

ITEM:    I give and bequeath to my faithful and trustworthy houseservant 
Abraham Clarke his freedom and being aware of the laws of my own state 
upon this subject and the difficulty of his acquiring his freedom in 
this state I do hereby further direct that the sum of one hundred dollars 
be allowed to him by my Executors to enable him to remove to the District 
of Columbia or elsewhere where he can be secure in the enjoyment of his 
freedom.

ITEM:  I give and bequeath to Thomas F. Bowie junior, eldest son of my much 
esteemed friend through life Thomas F. Bowie, Esquire, a negro boy not under 
ten nor more than fifteen years years old, to be selected from my stock of 
negros and delivered to him by my Executors, to him the said Thomas F. 
Bowie, jr,  his executors, administrators and assigns.

I also give and bequeath to Mary Mackall Bowie, second daughter of my said 
valued friend Thomas F. Bowie, Esq  a negro girl not to be under 10 or more 
than fifteen years old in further consideration of my great regard for her 
father to be selected and delivered over to her in the same manner as in 
the preceeding bequest to her the said Mary Mackall Bowie her executors, 
administrators and assigns forever.  I also direct that a mourning dress 
suitable to his estate and condition in life shall be furnished to my said 
friend Thomas F. Bowie Esquire by my Executors at the expense of my estate 
should he esteem my memory to accept the same.

ITEM:  I give and bequeath to my friend William P. Brinham a suit of mourning 
to be furnished him at the expense of my estate also my double barrell gun.

ITEM:  I give and bequeath to my niece Ellen C. Daingerfield, daughter of 
Henry Daingerfield Esq my gold watch and chain and seals.

ITEM:  I give and bequeath to my nephew Henry S. Mitchell my library and 
all my books also any wardrobe and clothes and an equal share with my two 
nieces Susan S. and Ellen C. Daingerfield of all my silver plate except 
my service of teaplate which service of teaplate I give and bequeath to 
my said nieces Susan S. and Ellen C. Daingerfield to be equally divided 
between them share and share alike.  I also give to my two said neices 
Susan S. and Ellen C. Daingerfield an equal share with my nephew Henry S. 
Mitchell in all my other silver plate, that is to say one third of said 
plate to each of them share and share alike.

ITEM:  I give and bequeath unto Robert D. Sewall Mitchell, son of  my 
nephew Henry S. Mitchell one negro girl to be selected by his father 
from the stock of my negros not to be over fifteen or younger than ten 
years old to him the said Robert D. Sewall Mitchell  his executors 
administrators and assigns,  provided nevertheless that the negro girl 
so bequeathed to the said Robert D. Sewall Mitchell shall be taken and 
deducted from the share of my negros slaves (???????) Henry S. Mitchell 
(???) him as a part of his distributive share thereof.

ITEM:  I give and devise to my nephew Henry S. Mitchell his heirs and 
assigns all that portion of my real estate which I purchased of Charles 
B. Calvert and which was conveyed by deed bearing date the eleventh day 
of February in the year eighteen hundred and forty two (1842) from George 
W. Briscoe as trustee lying on the eastern side of Piscataway Branch 
containing about four hundred and seventy six acres of land more or less, 
reference being had to said deed duly recorded among the land records of 
Prince Georges County in Liber J.B.G., No 2 folios 97 and 98 and will 
more fully and at large appear to him the said Henry S. Mitchell her heirs 
and assigns in fee simple forever.

ITEM:  I also give and devise to my said nephew Henry S. Mitchell, his 
heirs and assigns all the portion of my real estate lying east of the 
said Piscataway Branch which I purchased of Arthur P. West and Eleanor 
his wife and Horatio C. Scott called Woodstock and Popular Neck and the 
Lower Quarter which is mentioned and described in a deed from him said 
Arthur P. West and wife and Horatio C. Scott bearing date the eighth day 
of January eighteen hundred and forty (1840) and duly recorded in Liber 
A.B. No. 12, folios 449, 450  one of the land record books of Prince 
Georges County reference being thereto  and will more fully and at large 
appear containing in all five hundred and twenty four acres of land more 
or less to him the said Henry S. Mitchell his heirs and assigns in fee 
simple forever.

ITEM:  I also give and devise to my said nephew Henry S. Mitchell his 
heirs and assigns  all my lots of ground  in or near Carrollsburgh in 
the City of Washington which are unimproved:  but my house and lot of 
ground thereto attached situated on Capitol Hill in the said City of 
Washington recently in the occupancy of the Hon. Reverdy Johnson I give 
and devise to my two neices Susan S. Daingerfield and Ellen C. Daingerfield 
their heirs and assigns forever as tenants in common and not as joint 
tenants share and share alike.

ITEM:  I give and devise to my neices Susan S. Daingerfield and Ellen C. 
Daingerfield to them their heirs and assigns forever as tenants in common 
and not as joint tenants my homestead plantation on which I now reside 
commonly known as Popular Hill  the same consisting of a part of a tract 
called Darnalls Discovery and also that part of my real estate consisting 
of woodland which I purchased of Charles B. Calvert lying immediately 
adjacent to Popular Hill being also a part of His Lordships Kindness and 
now in my possession and also all those tracts parts of tracts or parcels 
of land on where William P. Brinham now resides and which were devised to 
me by the last will and testatment of my deceased brother Richard B. Sewall 
lying on the western side of Piscataway Branch and adjoining The Popular 
Hill estate,  the same being a tract or parcel of land called the Addition 
to His Lordships Kindness and a tract or parcel of land called Darnalls 
Discovery and all the land adjacent thereto now in my possession the whole 
of said lands  comprising that portion of my real estate which lies on the 
western side of the said Piscataway Branch containing in the whole share  
two thousand acres of land more or less to be equally divided between them 
the said Susan S. Daingerfield and Ellen C. Daingerfield their heirs 
executors administrators and assigns as tenants in common and not as 
joint tenants .

ITEM:  I give and devise to my said neices Susan S. Daingerfield and Ellen 
C. Daingerfield their heirs, executors administrators and assigns as tenants 
in common and not as joint tenants all the property real, personal or mixed 
which I may hereafter acquire by devise or bequest from my friend William P. 
Brinham by whose last will and testament as now executed I am sole legatee 
and devisee to be equally divided between them the said Susan S.  and 
Ellen C. Daingerfield as tenants in common share and share alike.
ITEM;  I give and bequeath to my said nieces Susan S. Daingerfiled and Ellen 
C. Daingerfield all my household and kitchen furniture of every kind and 
description whatever including bedsteads, beds, bed clothes and every 
other article or thing whatever which may be in my house at Popular Hill 
at the time of my death (except those articles herein before bequeathed 
and specifically enumerated,)  to them the said Susan S. And Ellen C. 
Daingerfield, their heirs, executors adminstrators  and assigns to be 
equally divided between them share and share alike.  And it is my will 
and desire and I do hereby enjoin it on my executors that no inventory 
shall be made or taken of said household and kitchen furniture or other 
articles as aforesaid for record in the Orphans Court and that no commission 
shall be allowed or received by them on the value of said household and 
kitchen furniture except so far as the same may be necessary to secure 
to the State of Maryland the collateral taxes which may accrue on the same.

ITEM:  It is my will and desire (after the payment of all my just debts, 
funeral charges and the aforesaid specific legacies)  and I do hereby
give and bequeath all my negro slaves, men, women and children (excepting 
Abraham Clarke and the specific legacies herein before mentioned ) 
together will all their increase to my said nephew Henry S. Mitchell and 
my said nieces Susan S. Daingerfield and Ellen C. Daingerfield their heirs
 executors administrators and assigns to be divided among them in three 
equal shares, share and share alike,  provided nevertheless that in regard 
to that portion of the said negro slaves which may fall to the share of 
the said Henry S. Mitchell, my will and desire is and I do hereby direct 
that all sums of money which the said Henry S. Mitchell owes me at this 
time or may owe me at the time of my death on bonds, notes open accounts 
or otherwise or by reason of my being security for him to George Thomas 
and others, or if my estate should be obliged to pay the same after my 
death,  whether the said bonds, notes,  open accounts and other indebtedness 
should or may be barred by limitations or not,  shall be deducted and 
abated by my executors from his the said Henry S. Mitchell's share of 
the value of said negro slaves so bequeathed to him by this clause of 
my will and that the remaining portions in value of said slaves after 
providing as aforesaid for the payment of his said indebtedness to me 
shall not be paid over or delivered to him.  It being my desire and 
intention so as to promote equality and justice that the said Henry S. 
Mitchell's share of said negros hereby bequeathed to him shall be charged 
with the payment of all money he may owe me or I may be answerable for 
him at the time of my death.  And as to the said negroes so to be deducted 
and abstracted from the share of the said Henry S. Mitchell,  I give and 
bequeath them with all their increase to my said two neices Susan S. and 
Ellen C. Daingerfield their executors administrators and assigns in equal 
proportions share and share alike, and also to Henry S. Mitchell who shall 
have one third part thereof,  an equal share with the said Susan S. and 
Ellen C. Daingerfield.

ITEM:  I give and bequeath to my said nephew Henry S. Mitchell and to my 
said neices Susan S. and Ellen C. Daingerfield in equal proportions share 
and share alike the nett proceeds of my claim against the government of 
the United States for the burning of my father's house in the City of 
Washington by the British troops in the War of 1812 whenever the same 
shall be collected or paid.

ITEM:  I will and direct that a sum of money not exceeding fifteen 
hundred dollars which I hereby bequeath to my executors for that 
purpose shall be expended by them in the repairs and fitting up of 
the Family Graveyard at Popular Hill in such manner as they may think best.

ITEM:  I give, devise and bequeath all the rest and residue of my estate 
not herein before devised or bequeathed, whether the same be real, personal 
or mixed unto my nephew Henry S. Mitchell and my two neices Susan S. and 
Ellen C. Daingerfield to be equally divided between them in three equal 
portions share and share alike.  And lastly I do hereby constitute and 
appoint my nephew Henry S. Mitchell and my brother in law Henry 
Daingerfield Esq. of Alexandria, Virginia to be sole Executors of this 
my last will and testament revoking and annulling all other wills by me 
heretofore made, ratifying and confirming this and none other to be my 
last will and testament.  In testimony whereof  I have hereunto set my 
hand and affixed my seal this thirty-first day of December in the year 
of our Lord one thousand eight hundred and fifty-two.
                                           Robert D. Sewall         SEAL

Signed sealed and published and declared by Robert D. Sewall the above named 
testator as and for his last will and testament in the presence of us who at 
his request in his presence and in the presence of each other, have 
subscribed our names as witnesses therein.
                                           R.H. Marshall
                                           Edward H. Calvert
                                           C.B. Calvert

Prince Georges County Sct:  Then came Richard H. Marshall and Charles B. 
Calvert two   April 6th, 1853 of the subscribing witnesses to the within 
will and made oath on the Holy Evangely of Almighty God that they did see 
Robert D. Sewall the testator therein named sign and seal this will and 
heard him publish, pronounce and declare the same to be his last will and 
testament that at the time of his so doing he was to the best of their 
apprehension of sound and disposing mind memory and understanding and that 
they together with Edward H. Calvert  the other subscribing witness 
respectively subscribed their names as witnesses to this will in the 
presence of the testator at his request and in the presence of each other. 
                           Sworn before William A. Jarboe Reg. of Wills 
                           for P.G. County