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| Charles County, Maryland Will probated April 9, 1735 Thomas Smallwood In the Name of God Amen The fourteenth day of April in the year of our Lord God 1734 I Thomas Smallwood of Charles County being very sick and weak in body but of perfect mind and memory {illegible} Imprimis I give my well beloved son James Smallwood all my land belonging to me that lyeth on that side of Piney Branch whereon he now liveth to him and the Heirs of his body lawfully begotten forever forever but in default of such I give at his decease to be equally divided between my Sons Thomas and Pryor and to their Heirs Lawfully begotten forever the Land given here is all that part of Poor Call whereon the said James liveth -- Item I give to my beloved Son Thomas Smallwood a Tract of Land called Moore's Rest beginning at an Ancient Oak standing {illegible} 200 acres to the said Thomas and the Heirs of his body {illegible} in Default of such issue at his decease to be given to my Son Pryor and the heirs {illegible} and also do give unto him one Negro Man called Charles likewise one featherbed with furniture one Iron pot two Basons and six plates and do order that if my Son Pryor should die without Issue that my Son Thomas may have a Negro called Davy - Item I give unto my Son Pryor Smallwood all that parcel or Tract of Land called Poor Call Lying on the northside of Piney Branch being the Plantation whereon I now live also a Tract of Land called Batchelors Delight also a Tract of land Adjoining to Smallwoods Plain whereon a certain Thomas Murphey now liveth containing 250 Acres do give it unto the said Pryor and the Heirs of his Body {illegible} and in Default of such Issue do give unto my Son James Smallwood all that part of Poor Call whereon I now live to him {illegible} the other Tracts to wit Batchelor's Delight and the Tract whereon Thomas Murphey now liveth if Pryor should decease without issue to be given unto my Son Thomas and the Heirs of his body {illegible} and also do give unto the said Pryor one Negro man called Davy one feather bed with Furniture one Iron pot Two Pewter Dishes and Six plates and his choice of two young Sorrel Horses - Item I give unto my Daughter Elizabeth Cawood one Negro boy called Jeffry - Item I give unto my Daughter Sarah Roby one Negro boy called Davy Item I give unto my Daughter Esther Harrison one Negro Girl now in her possession called Judy - Item I give unto my Daughter Charity Davy the use of a Negro Woman called Pegg from next April 1735 for and during her natural Life afterwards do give her to her two children Ann and Eleanor Davy and their Heirs forever. Item I give unto Humphry Berry a Tract of Land called Smallwood's Plain containing Three Hundred Acres and after his Decease to be equally divided between his Sons Humphry and Thomas begotten of the body of my Daughter Mary to them and the Heirs of their boyds Lawfully begotten forever. Item I give and bequeath unto my dearly beloved Wife Alice Smallwood whom I likewise constitute and ordain my only and sole Executrix of this my last Will & Testament one Negro Man called Brieger {?} and two Negro Women called Moll and Lucy, one Negro Child Violetta and do also give unto her all the residue of my Household Goods or stuff Cattle Horses and Mares, Implements Utensils moveables and all the remainder of my Personal Estate Together with all Debts dues Demands & Tobacco whatsoever ordaining and requesting her the said Alice to pay what Debts is owing from me to any Person or persons whatsoever. Thomas Smallwood (his T mark) William (his W mark) Atchison Thomas Metcalfe John (his E mark) Robison Thomas owned "Smallwood's Plains" 300 acres (1718), "Smallwood's Addition" 100 acres (1723), "Amendment" 250 acres (1728), and purchased 200 acres in Prince William County called "Moore's Rest" (formerly "Wheeler's Choice") from his sister Sarah & husband Henry Moore on 30 November, 1732. He took in the children of his deceased brother William per the Will of his father, Colonel James, for which service he was promised 2000 lbs. of tobacco. This was never paid and in 1717 Thomas sued his step-mother Mary (Executrix of his father's Will) and her new husband, Alexander Herbert, and won the suit. Thomas' 2nd wife Alice remarried to Thomas Middleton. Since Thomas Smallwood's son filed a caveat, his Will was not probated until 17 September 1735 by which time Alice, who was originally named Executrix, was deceased, and Thomas Middleton took over as Executor of the estate. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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