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Will of Capt. Lynn 1833

THE LAST WILL AND TESTAMENT OF CAPT. DAVID LYNN.  Recorder Liber A-Folio- Office Orphans Court in and for Allegany County, Maryland.

            By this my last will and testament, I desire and bequeath as follows:

            I bequeath to my wife Mary Lynn the land on which we live to include the several adjoining tracts on the west side of Wills Creek and adjoining the west side of the town of Cumberland together with the dwelling house and all the personal property on it during her life which is to be in lieu of dower, and and the distributive share she would be by law entitled to cut of my estate, subject only to what she may consider necessary support for one daughter Ellen Jane Lynn, I direct that my executrix may pay my debts out of the sale made of my lands in Coshectin County in the state of Ohio or any other land or property I possess, and make deeds for the land sold or to be sold for that purpose.

            I give and bequeath unto Frederick A. Schley and his heirs forever one undivided half part of all those tracts or parcels of land called the White Plains Addition to White Plains and lot no. 4061 all being any lying in Allegany County to which said undivided moisties of said tracts of land to the said Frederick A. Schley is entitled under an agreement between us, he having paid the composition money and all the expense incurred in securing the titles to said lands, I also give and bequest to the said Frederick A. Schley and his heirs and assigns or undivided third part of all that tract of land called Goodly Land lying and being in Allegany County, I further give and bequeath to said Frederick A. Schley his heirs and assigns so much of the land owned by me lying in the Narrows on Wills Creek immediately above the Town of Cumberland sufficient to include a mill seat on said stream of water with said seat.

            I give and bequeath to Jonathan W. Magruder, his heirs and assigns forever an undivided third part of all that tract of land called Goodly Land, lying in Allegany County to which said undivided third part of said tract of land the said Jonathan W. Magruder is entitled under an agreement between us he having paid his proportion of the composition money and expenses incurred in securing the title to said land.

            I give and bequeath to John Galloway Lynn, his heirs and assigns forever one undivided third part of all that tract of land called Goodly Land lying and being in Allegany County for services rendered to me.

            It is my will and desire that my wife shall have an absolute right to one girl, Maria Norris to dispose of her as she pleases.  It is my will and desire that Ely (who has been a faithful servant) shall be manumissioned because because his wife and children are all slaves and scattered about the country and can never have it in their power to contribute to his comfort or support in old age if he should require it and because I am very certain there is no member of my family who will not consider it their duty as well as inclination to take care of him at any time of his life, he is therefore to have the privilege if he should live longer than his mistress to determin which branch of my family he will attach himself who must be considered as having the right to control him except on this occasion as well as to take care of him at all times.

            It is my will that the residue of my property both real and personal be equally divided among all my children including Frederick A. Schley after deducting from George Lynn's share on thousand dollars and from James Cheston Lynn's share three hundred dollars which was so much paid for their educations more than was paid for either of their brothers or sisters and from Mary Magruder's share three hundred and seven dollars the value of property put into the hands of her husband and from Ann B. Tilghman's share two hundred and fifty dollars the value of property put into the hands of her husband which they may divide or sell at any time and in such manner as they in their discretion may think most advantageous to themselves as well as what is herein decised to their mother which is to be divided among them in the same proportion,.  After her decease, I appoint my wife, Mary Lynn to be my executix in witness whereof I have here-un-to subscribed my name this 19th day of June 1833.

                                                                                                                                                David Lynn

 

In testimony whereof we have hereto subscribed our names in the presence of the testater Ebenezer Vowell, R.T. Lowndes, Nicholas Ridgeley.

We have no objection to the probate of the will of our father, David Lynn, deceased May 30th, 1836.

Jonathan W. Magruder       William Lynn     James C. Lynn     Ellen J. Lynn     Ann B. Tilghman

Allegany County to-wit:

In the 1st day of June 1835, then came Mrs. Mary Lynn, and made oath on the Holy Evangely of Almighty God that the foregoing instrument of David Lynn, late of Allegany County, deceased that hath come to her hands and possession and that she doth not know of any other.

Test Charles Heck, Register.  Allegany County to-wit:

On the first day of June 1835 then came Ebenezer Vowell, Richard T. Lowndes and Nicholas Ridgley, the subscribers subscribing witnesses to the foregoing last will and testament of David Lynn late of Allegany County deceased and made oath o the Holy Evangely of Almighty God, that they did see the testator therein named sign and seal this will and that they heard him publish pronounce and declare the same to be his last will and testament that at the time of his doing he was to the best of their apprehensions of sound disposing mind, memory and understanding and that they respectively subscribed their names as witnesses to this will in the presence and at the request of the testator and all in the presence of each other.

Sworn beforeCharles Heck, Register.

Whereas David Lynn of Allegany County and State of Maryland have made and duly executed my last will and testament in writing dated the 19th day of June 1833, which said last will and testament and every clause bequest and devise therein contained, I do hereby ratify and confirm and I do hereby constitute and appoint my son, William Lynn and my son-in-law, Jonathan W. Magruder Trustees for the purpose of having my said will carried into full effect, I do therefore hereby declare this present writing to be a codicil which I will and direct shall be taken and held as a part of my said last will and testament.  In Testimony whereof I have hereunto set my hand and seal this 24th day of January 1835.                                                              

                                                                                                              David Lynn (seal)

Signed, sealed, published and declared by David Lynn, the above named testator as and for a codicil to the annexed to be to his last will and testament and be taken as part thereof.  In the presence of as who at his reqauest and his presence have subscribed our names as witnesses hereto:  John Hoye, Mary Smith, John S.B. Burbridge, Allegany County to wit:

On this 1st day of June 1835 came John Royne and Miss Mary Smith and made oath on the Holy Evangely of Almighty God that they did see David Lynn the within testator sign and seal this codicil, and that they heard him publish, pronounce and declare the same to be a part of his last will and testament, that at the time of his so doing he was to the best of their apprehension of sound disposing mind, memory and understanding, that they subscribed their names as witnesses thereto in the presence and at the request of the testator and in the presence of each other, and they saw the other subscribing witness do the same.

Sworn before Charles Heck, Register.