I, James H. Claggett, of Washington County, State of Maryland, being in good health - of sound mind, memory, and understanding, do make and publish this to be my last Will and Testament.
To my dear wife Elizabeth A. Clagett, I give and bequeath one half of all the Estate, real and personal, of which I may die possessed, reserving and excepting only the promissory notes hereafter mentioned.
To my son Joseph E. Clagett, I give and devise one half of the rest and residue of my estate real and personal {being one quarter of the whole} to dispose of at his will whenever he may come into possession of the same, But if said Joseph E. Clagett never can, from any cause, come into possession of said Estate, as above devised, then I would hand said Estate to his daughter Rosa Clagett, her heirs &c.
To my daughter Laura F. Young, wife of Augustus Young, I give all the rest and residue of my Estate real and personal {being one quarter of the whole} of which I may die possessed, to her her heirs &c.
It is my will, that the two promissory notes given to me by Joseph E. Clagett, dated April 1" 1837 amounting in the aggregate to twenty five hundred and fifty dollars, and also the promissory note given me by Augustus Young dated April 1" 1863 amount Twenty Eight hundred and forty Dollars, be not considered in, nor as part of the Estate devised to my wife Elizabeth, but as Special legacies to the makers of the same, with the request that the amounts of said notes be so considered in the division of the Estate between Joseph Clagett and Laura F. Young wife of said Augustus that they share & share alike.
It is further my will, that the within mentioned note given me by Jos. E. Clagett dated April 1" 1857, amount One Thousand Dollars, purporting to be "for a tract of land in Calloway County Missouri containing Three Hundred and twenty one acres of land, more or less," be considered as a bona fide and valuable consideration for said tract of land, entitling said Joseph to a legal conveyance, I desire my Executrix tomake to him, if not made by me, and in case said Joseph E. Clagett never can from any cause, receive or come into possession of said "tract of land" I would have the same given and conveyed to his daughter Rosa Clagett in fee simple.
Lastly, I do hereby constitute and appoint my dear wife Elizabeth A. Clagett to be Executrix of this my last Will and Testament, revoking and annulling all former wills be me made, ratifying and confirming this and none other to be my last will and testament.
In testimony whereof I have this twelfth day of March 1864 affixed my hand and seal.
James H. Clagett (seal)
Signed, sealed, published and declared by James H. Clagett the above named testator to be his last will and testament in the presence of us who have on this twelfth day of March 1869 in testimony thereof affixed our hands and seals.
Samuel B. Preston (seal)
Barton Boteler (seal)
William G. Burns (seal)
State of Maryland. Washington County to Wit:
On this 19 day of March A.D. 1869 came Samuel B. Preston and Barton Boteler two of the three subscribing witnesses to the foregoing last Will and testament of James H. Clagett late of Washington County deceased and severally made oath on the Holy Evangely of Almighty God that they did see the said Testator sign and seal said Will, that they heard him publish, pronounce and declare the same to be his last Will and testament and that at the time of his so doing he was to the best of their apprehensions of sound and disposing mind memory and understanding, and that they subscribed their names as witnesses thereto at the request and in the presence of said Testator in the presence of each other and in the presence of William G. Burns the other subscribing witness whom they saw do the same.
Sworn in Open Court
Test.
M. S. Barber - Register-of Wills
(Internal Revenue Stamp $3.00)
To the Judges of the Orphans Court for Washington County, Maryland
I hereby relinquish all my right to the Executrixship given me in the will of my late husband James H. Clagett by you appointing in my stead Joseph E. Clagett (my son) and Augustus Young (son in law) as my Executors for the same.
Witness my hand and seal this 18" day of March 1869
Elizabeth A. Clagett (seal)
Witness
Warren Garrott
Samuel B. Preston
State of Maryland Washington County to wit:
On this 19" day of March 1869 came Joseph E. Clagett and Augustus Young Administrators C.T.A. of James H. Clagett deceased and severally made oath on the Holy Evangely of Almighty God that the aforegoing is the true and whole Will of said deceased that has come to their hands and possession, and that they do not know, nor have they heard of any other.
Sworn in Open Court,
Test.
M. S. Barber - Register of Wills