Western Pennsylvania Family History Research

Last Will and Testament of Zachariah Clagett

In the name of God, Amen. I, Zachariah Clagett of Washington County in the State of Maryland, Being infirm in Body but of said disposing mind, memory and understanding, considering the certainty of Death and uncertainty of the time thereof 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 home, Do hereby make and publish this my Last Will and Testament in manner and form following That is to say - First and Princibly I commit my soul into the hands of Almighty God and my Body to the Earth, to be decently Buryed at the discretion of my Executors hereafter named, and after my debts and Funeral charges are paid I devise and Bequeath as follows -

Item. I Give and Bequeath to my son Horatio Clagett or his Heirs, all my Lands adjoining him bought of Boleters Heirs, and Deeded to me by the said Horatio Clagett Laying about the old meeting house, containing about eighty seven acres more or less, as his full Proportion of my Estate.

Item. I Give and Bequeath to my Daughter Rachel Clagett or her heirs, all that part of my Land formerly owned by Posthumous Clagett with the Improvements thereon lying to the West side of the Publick road Leading by the new meetinghouse, as Laid off by Alexander Grim Esq'r for Fifty five acres & Three fourths of an acre be it more or less, likewise my negro Girls Catharine & Harriett, (Children of Grace) with there increase, likewise my Young Greymare, Two cows and six head of sheep of her choise of my stock, likewise her choise of Two Feather Beds Bedsteads curtains and furniture compleat, and Five Hundred Dollars instead of other furniture; she likewise is to have the carpit or floor cloth belonging to the Girls room, and out of the above property which I give my Daughter Rachel Clagett she is to furnish my old faithfull servants James & Henny his wife, one acre of Land and Build them a small house for there accomodation for or during their lives, as I set them free by this my Last will and provided they should be disabled from maintaining themselves in their old age she is to take them into her family and support them. They Labouring for her as much as they are able.

Item. I give and Bequeath to my sons Alfred Clagett or his heirs my negro woman Grace (wife of John) with her increase after my Death likewise the choise of one of my waggons, one wind Mill belonging to the Barn on the farm, and provided my Daughter Rachel Clagett should think Proper to live with him and he will Give her full and free priviledge of the Room up stairs called the Girls room during her single life for the incumbrance thereof. I will Give him my side Board settee six chairs & looking glass and Carpitting in the Hall room passage & stairs, otherwise to remain in general stock with the Ballance of my furniture to be divided as hereinafter directed.

Item. I Give and Bequeath to my Grand Daughter Elizabeth Garrott or her heirs, my negro Girl Liddy with her increase, likewise my riding Horse & Bridle one Feather Bed, Bedstead & furniture compleat; for the trouble she had in nursing her Grandmother.

Item. I Give and Bequeath to be equally divided between my seven following Children, or their Heirs, all the Ballance of my Estate not heretofore sisposed of both real and personal including my Montgomery Land, notes Bonds Negroes Stock Plantation Tools Household firniture &c viz: -- Robert Clagett, Mary Ann Garrott, Sarah Boteler, Eliza Clagett, Elizabeth Gray, Matilda Clagett, Alantha Boteler, or each of their heirs.

Item. I do hereby direct my Executors hereafter named to deliver to my Two nephews viz. Hezekiah & Thomas Clagett Two Bonds Drawn Payable to them from Thomas Boteler when they arrive of age, which will be found among my Bonds. and Lastly I do hereby constitute and appoint my Three sons Robert Clagett, Horatio Clagett and Alfred Clagett to be my Executors of this my Last Will and Testament revoking and annulling all former wills by me heretofore made ratifying and confirming this and no other to be my Last Will and Testament. In Testimony whereof I have hereunto set my hand and affixed my seal this Twenty eight day of July in the year of our Lord One Thousand Eight Hundred and Twenty four.

Zach'h Clagett (seal)

Signed, sealed Published and declared by Zachariah Clagett, 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 witness Thereto

Elias Crampton, Tobias Brown, Joseph Clagett

Washington County, To wit:

On this 7th of February 1825 came Robert Clagett, Horatio Clagett and Alfred Clagett and made oath on the Holy Evangels of Almighty God that this is the true and whole will of Zachariah Clagett late of said County deceased that hath come to their hands and possession except a codicil herewith shown and that they do not know of any other.

At the same time came Elias Crampton, Tobias Brown, & Joseph Clagett and made oath as aforesaid 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 apprehensions of sound and disposing mind, memory and understanding, that they subscribed their names as witnesses to this will in the presence and at the request of the testator and in the presence of each other.

Certified by Geo. C. Smoot, Reg.

I give Alfred Clagett for his outfitting exculsive of what is left in my will one new feather Bed & furniture, one old Bed with common furniture. Uncles old Clock, oval Table 1/2 dozen Green or white chair 1 pot 1 Bake oven, my old family Bible and Library of old Books one old Looking Glass (formerly uncles) 2 stoves (franklin) in the new and old house. Rachel Clagett is to have the chest of Drawers in the small back room in the new house, exclusive of what is left her in my will.

Zach'h Clagett. Aug'st 2nd 1824