Will of John McElfresh
Be it remembered that I, John McElfresh, of Frederick Co.
and state of Maryland, being in a weak state of body but of sound
judgment and mind, and calling to mind the uncertainty of this
life, and knowing it is once appointed for all men to die, do
make and ordain this, my last will and testament, and on touching
what wordly estate that I have been blessed with in this life,
I dispose of the same in the following manner and form, to wit:
Item 1: I will that all my just debts be paid and contracts
to others by my executors.
Item 2: I give unto my two grandsons, Lloyd McElfresh
and John McElfresh, their heirs and assigns forever, all
the following part of a tract of land called "Hobbs' Purchase",
beginning at a bound _____ white oak being the beginning _____
of a tract of land called Rocky Hill, and running from thence
and with the outline of said Hobbs' Purchase until it intersects
a red oak marked by two notches, standing in the leading from
James Adams to the Widow Plummers, then by the and with the meanders
of said road until it intersects the land called Rocky Hill...then
the said Rocky Hill roads to the beginning in full, for their
part of my estate.
Item 3: I give and bequeath unto my son, Philip McElfresh,
his heirs and assigns forever, part of a tract of land called
"The Land of Promise", which I purchased from Edward
Crow, being only the southeast part beginning for his said part
of my purchase of said Crow at a bounded black oak standing at
or about fifty perches on the first line of said land purchase
of Edward Crow, and running with the first line said Crow's part,
as he formerly purchased from Joseph Plummer, south eighty-eight
degrees last until it intersects the outlines of Hobbses Purchase,
being a south thirteen degrees east course of said Hobbses Purchase,
then with said land reverse to the beginning of said line of Hobbses
Purchase, and then by a straight line to the beginning. Also,
all the following part of a tract of land called "Hobbses
Purchase" beginning for said part at the end of the south
sixty-three degrees east eighty-six perches course of said "Hobbses
Purchase", and running thense across said land for the division
between my said son , Philip, and the part hereafter willed
to my son, Joseph. North forty-seven degrees, east one-hundred
and twenty-five perches until it intersects the north forty degrees
west two-hundred perch line of said "Hobbses Purchase",
at the end of ninety perches on said line. Then with said land
reverse until it intersects the land called "Pretty Sally",
then across said "Hobbses Purchase" with and adjoining
a line of said "Pretty Sally" till it intersects the
outlines of said "Hobbses Purchase" reverse to the first
place of beginning.
Item 4: I give and bequeath to my son, Charles McElfresh,
his heirs and assigns forever, all that tract of land called "The
Principle", as conveyed to me by John Bordley (or Bortley)
on the 16th day of October 1788, for two-hundred and twenty-five
acres, more or less.
Item 5: I give and bequeath to my son, Henry McElfresh,
his heirs and assigns forever all the following lands, to wit:
one-hundred-and-five acres, part of Cowman's Manor, as deeded
to me by John Cowman on the sixteenth day of January seventeen
hundred and ninety, and all that part of two tracts of land as
conveyed in a deed from Joshua Hobbs to me, bearing date, eighth
day of November seventeen hundred and eighty-six, for part of
a tract of land called "I Have Got It All", and part
of "Hazzard" and "Never Fear", also all my
remaining part of "Hobbses Purchase" which lays to the
eastward of the part already bequeathed to my son, Philip McElfresh.
Item 6: I give and bequeath to my son, Joseph Mackelfresh,
his heirs and assigns forever, a part of "Hobbses Purchase",
where I now live, beginning foresaid part at the end of ninety
perches, on the sixth line of the whole survey called "Hobbses
Purchase", and running round with the outlines of said land
till it comes round to the end of the third line of a tract of
land called "Food Plenty", then south fifty-five degrees
east till it intersects a line drawn north fifty-four degrees
east from a marked black oak standing at or near the end of fifty
perches on the first line of that part of the "Land of Promise",
as conveyed to me by Edward Crow, then with said line north fifty-four
degrees east forty-two perches to the beginning of the south sixty-three
degrees east eighty-six perches line of "Hobbses Purchase",
then by a straight line to the beginning, also all that tract
of land called "Tarrapine Bite", as I now possess.
Item 7: It is my will and desire that all the remainder
part of my lands shall be sold by my executors, hereafter named,
with my house and lot in New Markett and the money arising from
the sale thereof to be equally divided between all my children
to wit: Philip Mackelfresh, Charles Mackelfresh, Henry Mackelfresh,
Joseph Mackelfresh, Sarah Wood, and Rachel Smith, to them
their heirs and assigns forever. Also, all my personal estate
whatsoever with all my money, bonds and notebook accounts to be
equally divided between them, their heirs, et al.
Lastly, I appoint my sons, Philip, Charles, Henry and Joseph
Mackelfresh executors of this my last will and testament,
and I do hereby fully impower them to - or the survivors of them,
in case of the death of any or either - to convey by good and
sufficient deed all and any part of my land to any person, or
persons, that may purchase, such are to be sold by this will,
which shall be good to all intent and purposes as though I had
actually done the same while living, and I do hereby utterly disallow,
revoke and disannull, all and every other former testaments, wills
and legacies, bequeaths, ratifying and confirming this and no
other to be my last will and testament. In witness whereof I have
hereunto set my hand and seal this the third day of May seventeen
hundred and ninety nine.
John Mackelfresh (seal)
Witnesses: William Ballinger
Basil Dorsey
Jonathan Plummer
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Codicil - Be it known to all men by those presents that I, John
Mackelfresh, of Frederick County and State of Maryland, have
made and declared my last will and testament in ____, bearing
date third day of May seventeen hundred and ninety-nine. I, the
said, John Mackelfresh, by this present codicil do ratify
and confirm my said last will and testament, and do further will
and bequeath to my three granddaughters, Sarah, Ann and Rachel
Mackelfresh, the sum of ten pounds each, to be paid unto them
by my executors out of my estate, to them their heirs and assigns
forever, in full, for their part of my estate and my will and
meaning is that this codicil be adjudged to be a part and parcel
of my last will and testament, and that all things therein mentioned
and contained be faithfully and truly performed and as fully and
amply in every respect as if the same was declared and set down
in my said last will and testament. Witness my hand and seal this
the fourteenth day of June seventeen hundred and ninety-nine.
John Mackelfresh
Witnesses: William Ballinger
Basil Dorsey, Jr.
Sam Boggass
Richard Robert
Probated: September 13, 1799. Philip, Charles, and Henry appeared
with witnesses on this date.