Somerset County MDGenWeb David Spence of Somerset County Will Written 29 Mar 1678/9 Probated Aug 1679

This will transcription has been provided by Janie Keenum. Thanks, Janie!

In the name of God Amen, I David Spence of Wiccomocomo on ye eastern shore doo make this my last will & testam: in manner & form following. Imprimis. I committ my soul unto my Lord God & my body to ye grave therein to be decently buryed.

Item; It is my will & I doo give unto my two sonnes John Spence & James Spence theire heirs & assignes for ever the plantation & land belonging to it that I now dwell on with all houses orchards profitts & benefitts thereunto belonging or in any wise appertaining containing five hundred acres of land as in my patten doth appeare & it is my will that if my two sonnes before named shall attain to ye age of eighteen years at which time it is my will that my said sonnes John & James shall be & deemed & reputed to be of full age & then aforesaid land to be equally divided between them together with ye houses & orchards belonging to it.

Item; It is my will that if either of my two sonnes John & James should happen to dye before they attain to ye age of eighteen years that then the survivours of them shall have & injoy ye whole devident of land before expressed to him his heires & assigns for ever or if either of them chance to dye without issue although a division be made...the land be solely to ye surviv his heirs & assignes as before expressed.

Item; I doo give unto my two sonnes John & James each of them two cowes & calves apeece at twelve yeares of age with their future increse both male & female.

Item; I doo give to my sonne John my mill that is now in my house and it is my will that ye cowes & calves before mentioned shall be wholy & properly for ye use & benefitt of my two sonnes when they shall attain to ye age of twelve years to them their heirs & assignes foreever with all their increases from that day forward male & female but not to be at their owne desposall till they attain to ye age of eighteen years as aforesaid.

Item; It is my will & I doo give unto my two sonnes David & Alecander two hundred & fifty acres of land to them theire heirs & assignes forever it being on yee north side of Cuttymortyes River with all of the benefitts there unto belonging or any wise appertaining & it is my will that if my two sonnes last named shall abtain to ye age of eighteen years at which time it is my will that my said sonnes David Spence and Alecander Spence shall be & be reputed to be of age and then the aforesaid land to be equally devided between them.

Item; It is my will that if either of my two sonnes David or Alecander should happen to dye before they attain to ye age of eighteen years that then ye suviver of them shall have and injoy ye whole devident of land before expressed.

Item: It is my will and I doo give unto my sonne David Spence one fouling peece about four feet by ye barrell.

Item: It is my will and I doo give unto my sonne Alec Spence to him his heirs & assignes forever when he shall abtain to ye age of twelve years one cow and calve with all her increase both male & female forever.

Item: It is my will and I doo give unto my daughter Ann Spence two two years old heifers the one called Black Bird & ye other called Mouse to her and her heires forever with ye increase of ye cow called Black Bird both male & female & she shall have only ye female cattails that comoth of ye cow called Mouse. It is my will that the male cattaile that comoth from ye cow called Mouse may be imploied & expended in ye nurtoring and educaeon of my said daughter Ann.

Item; It is my will & I doo give unto my daughter Ann ye first colt that ye old mare Nany brings with all the increase to her & her heires & assignes forever & one iron pott containing ten gallons there about & the puter dishes.

Item; I give unto my servant maid named & called Sofuoea one cow & calve with all her increase to her & her heires forever to be delivered unto her ye last year she have to serve.

Item: It is my will that if my said daughter shall attain to ye age of thirteen years she shall be & be reputed of age then to receive what so ever within my will is mentioned to be given unto her.

Item; I doo make & ordaine my wife Ann my sole & full Exc of this my will & doo give unto her her heirs & assignes forever all ye remainder of cattell goods chattells & subtance & all belonging thereto both without doores & within (except what is before expressed to be given to my children & servent) to be at ye desposall of her & her assignes immediately after my decease.

Item:I doo make & ordain Benjamin Cottman & Philip Ashue overseers of this my will & testem: to whome I doo give full power & authority to act & doo on ye behalfe of my said wife & children whatsoever shall be just & necessary to ye performing of this my will & testam, this my last will & testam I have made being in my perfect memory & sence. In testimony where of I have hereunto put my hand & seale ye twenty ninth day of March Anno Dominy 1678.

His
David Spence Sealed
Mark

At yee signing here of
Benj: Cottman
Philip x Ashue
His Mark

And on ye backside of ye foregoeing will was thus written.

August 1679   Then appeared before me Philip Ashue & Benj'a Cottman & made oath they saw ye testat David Spence signe seale & dd & publish the within writing to be his last will & testam & that at ye time of ye publishing ye same he was of perfect sense and memory.

Thomas Walker...Signed

The five children's birth dates were listed on a separate sheet.

David Spence..b Jan 25, 1666
Alecander Spence..b Sept 13, 1669
John Spence..b Apr 11, 1672
James Spence..b Jan 25, 1674
Ann Spence...b Oct 30, 1677

Monday, 10-Sep-2018 10:04:35 MDT