In the name of God, Amen. I, John Clagett of Washington County and State of Maryland being of sound and disposing mind and mind and memory do make and publish this my testament and last will in manner and form following that is to say: First I give devise and bequeath to my two sons David and Beall and their heirs, equally to be divided between them, the plantation or farm in Washington County which I purchased of Henry Schroeder containing about four hundred and twenty acres with all and singular the appurtenances thereto belonging and if any part of the purchase money of the said plantation shall at the time of my decease be unpaid, or if any other debts shall at that time be due and owing by me, I further direct and devise that my said sons David and Beall shall take occupy and enjoy the whole of my estate real and personal (subject to their mother's interest therein) - from the time of my death until all my debts shall be paid and discharged, they yielding and paying therefor annually the sum of One thousand pounds to be applied by my executors towards the payment of my debts. I also direct and it is my will that my said sons David and Beall, as a further consideration for the said occupation of my said estate: for and during the time above mentioned, shall educate and support and be at the entire trouble and expense of educating and supporting my son Hezekiah and my daughter Sophia out of the rents an profits arising of my said estate from the time of my decease until my debts are paid -- and after the whole of my debts shall be so paid my sons David and Beall and their heirs shall take and hold the plantation herein before devised to them pursuant to that devise.
Item - I give and bequeath to my daughter Sarah Dorsey and her heirs the brick dwelling house and lot in Hagerstown with the appurtenances, which I purchased of Benjamin Clagett which house and lot valued at four thousand dollars together with what she has already received in furniture and other things will amount to about eight thousand dollars.
Item - I give and bequeath all and singular the residue of my estate real and personal (subject to my dear wife's interest therein) to my six children Samuel, David, Beal, Sarah, Hezekiah and Sophia and their heirs to be divided between them (as soon as my be after all my debts are paid under the following proviso and restrictions that is to say: I will devise and direct that the sum of four thousand dollars which I have heretofore advanced to my son Samuel and the house and lot herein before devised to my daughter Sarah Dorsey to be estimated together with what she has already received at eight thousand dollars shall be taken unto reckoning and be considered in the division as a part of the aforementioned residue of my estate it being my will and intention that my son Samuel including the sum of four thousand dollars which he has already received and my daughter Sarah including the aforementioned house and lot and what she has received to be estimated at eight thousand dollars shall each be only equally provided for with my son Hezekiah and my daughter Sophia - and in case either my son Samuel his heirs or representatives shall refuse to bring the said sum of four thousand dollars into the common stock or reckoning or my said daughter Sarah her heirs or other representatives shall refuse to bring the above devised house and lot and what she has received to be estimated together at eight thousand dollars into the common stock or reckoning I will and direct that the person so refraining shall not received or be ????? to any part of the said residue of my estate but that the whole shall go to my other children and be equally divided between them. And lastly I hereby constitute and appoint my sons, Samuel, David and Beall the survivor or survivors of them Executors of this my testament and last will. In witness whereof I have hereunto set my hand and seal this twenty day of August in the year One thousand eight hundred and four.
John Clagett (seal)
Signed sealed published and acknowledged to be his testament and last
will by the aforementioned John Clagett in the presence of
Jno. Ragan Jun'r
John Harry
James Breathed
Washington County to wit
On the 28th day of Sept. 1808 came Samuel Clagett, David Clagett and John Beall Clagett and made oath on the Holy Evangels of Almighty God that this is the true and whole will of John Clagett late of Washington County deceased that hath come to his hands and possesion and that he doth not know of any other.
At the same time came John Ragan Jun'r and John Harry and made oath on the Holy Evangels of Almighty God that they did see the Testator herein named sign and seal this will that they 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 apprehentions of sound and disposing mind memory and understanding and that they subscribed their names to this will in the presence and at the request of the Testator and that they saw James Breathed the other subscribing witness do the same.
Certified by George C. Smort, Reg'n