Transcribed by Sharon Clark, 2007 from scans of the original documents contributed by Mary Kennedy, 2007
In the name of God Amen I Robert Fergusson of Mulberry Grove in Charles County and State of Maryland being in good health of body of perfect mind and memory and of disposing Judgement Considering the certainty of death and the uncertainty of the time thereof Do now make this my last Will and Testament hereby revoeking all former Wills and Testaments at any time by me heretofore made and ?so? I make it in manner and form following that is to say
I give and Devise to my Executors herein after named all my Real Estate Subject to the following limitations and disposition thereof That is
I Will and Direct that all my lands be sold by my Executors for the purpose of paying my just Debts and I order and direct my said Executors or the survivors or survivor of them to sell the same as soon as conveniently may be after my decease at publick or private sale as will best answer the purpose and the money arising from such sale shall and must be applied to the payment of my just Debts and I do further Will and Empower my said Executors or either of them or the Survivor of them to convey by sufficient Deeds the fee simple of said lands to the respective purchasers.
Since the year Seventeen hundred and Eighty three sundry Bonds and promissory notes have been taken payable to me for debts due on the Books of John Glassford and Company I do therefore hereby Will give bequeath assign and set over unto James Gordon and others surviving partners of said John Glassford and Company all the money and to ?cace? which shall be recovered and received from such Bonds and promissory notes and if this mode of assignment be not sufficient to vest the property in them I hereby Will and direct that my Executors herein after named do assign and transfer said Bonds and Notes unto the said surviving partners as aforesaid and I do hereby empower them so to do It has also happened that for Debts due to James Gordon and others surviving partners of John Glassford and Company lands and other property have been taken in payment and said lands and other property have been conveyed to me every instance where that is the case and has happened I hereby Will and Direct that the money arising from the Sale of said lands and other property be paid by my Executors to the attorney in fact of said James Gordon and others surviving partners of John Glassford and Company And it is my Will and direction that the vouchers in my possession and the ?entries? made by other agents and myself on the several Books and general ledger for collecting all now in my possession and which belong to said James Gordon and others be sufficient proofs to my said Executors that the Bonds and Notes so taken and made payable to me in Trust and entered in said ledgers and that the lands and other property so taken and conveyed to me in Trust and entered in said ledgers are the Right and property of said James Gordon and others surviving partners of John Glassford and Company and do not belong to my Estate. It is not my meaning or intention that my Estate be liable or subject to any loss by any of these Debts becoming insolvent or by the lands and other property selling for less than they were taken or be at any expense in ??fecting? or receiving said Debts or in making sale of the lands. What ??er Books of Accounts Bonds promissory Notes and other vouchers ?? Debts and other papers that may be found in my possession which belong to or concern the affairs of John Glassford on whose Estate in this Country I have obtained letters of administration of James Gordon and others surviving partners of John Glassford and Company and of Henry Glassford My Executors are hereby directed carefully to preserve?? and without difficulty or delay to deliver up the same to the person or persons empowered to receive them
I have received and acted under a power of attorney from the surviving partners of Glassford Gordon ?Monteeth? and Company and Neil Jameson and Company formerly of Norfolk for collection of their Debts in Virginia and elsewhere Therefor whatever Effects Books of Accounts or other Vouchers of Debt and other papers which belong to or concern and can throw light on the affairs of said Companies may be found in my possession at the time of my death I hereby direct my Executors to assign the same where necessary to the surviving partners of said Company and to deliver them up without delay to the attorney in fact of said companies
I have received powers of attorney from the following persons and companies To wit Peter Campbell, John Blair, James Blair, Mary Blair and James Milne her husband heirs of Mathew Blair, James Brown and
Rob Fergusson
and Company and William Parker and Company of Lisbon Therefor whatever Effects Books of Accounts Notes Bonds or other Vouchers of Debt and other papers which belong to or concern said persons and companies may be found in my possession at the time of my death I hereby direct my Executors to deliver up the same property assigned without delay to the attorney in fact of said persons and Companies among which papers so described are sundry Notes of hand from William Wilsson of Alexandria payable in Trust to me for a Debt due to said William Parker and Company and as a security for the payment of which notes the said William Wilsson has assigned to me part of a mortgage for certain property made to him by General Henry Lee Reference to the Notes and and assignment being had the ammount will appear the attornies in fact for said companies paying my Executors for any expences I may have I have been out or laid out and for any Services I may have rendered that are not repaid or recompensed in the affairs of said Companies and which will appear ?by? my Books of Accounts
I Will and Direct that the Books of Accounts and other Vouchers of Debt belonging to the Company of Henderson Fergusson and Gibson and any property appearing by ?said? books to belong to them be it real or personal which may be found in my possession at the time of my death it being ?antly delivered up to my surviving partners or a person authorized by them to receive the same that [?is inter??? ?? may take ??? - can't read it] in collecting the Debts [can't read] company [can't read] ??? and that proper assignment be made on any of the vouchers which are payable to me where necessary and if any lands have been taken for debts [can't read] company and conveyed to me [can't read] from the sale of such lands must be paid to my said surviving partners, the lands being held by me in Trust for the said Company my Estate is to suffer no loss by the sale for a less price than they may have cost; or the expense of the sale
Some years ago were sent me by Benjamin Reeder of Morgan Town in the Common Wealth of Virginia ?certificates? on which two patents on grants for land [can't read] . . . to me . . . patent called the twenty ?sixth? day of October seventeen hundred and ninety five for Five hundred acres of land in the county of Harris ?on? one other patent called the [?twenty?] first day of October seventeen hundred and ninety six for Five thousand acres in the county of Ract??alph These patents were grants to and held by me [can't read] and Benjamin Reeder [can't read] certain creditors . . . the twenty first day of August seventeen hundred and ninety three [can't read] . . . land . . . creditors of Benjamin Reeder . . . which . . . is in the hands . . . [can't read] . . . directed and empowered to convey the same [can't read] . . . of my said obligation but without any expense to my estate
Item I give and devise to my old servant Charity Hill during her natural life the occupation and use of the houses wherein she now lives and six acres of ground around them on that side of the main road whereon they stand Also the freedom ?? privelege to take fencing for said lot from my grounds adjacent and wood for ?her? fire but [can't read] . . . ?manner? as not to commit coaste I likewise give her priveledge to take water from the springs on the land which I bought of ?Theophilus Mathews? But said houses and ?land? are not to be ?subject? or put into the [can't read] . . . or occupation of any other person by ?her? under the penalty of forfeit ?? the right hereby given her. I also give and bequeath unto said Charity Hill the sum of Forty dollars yearly to be paid her on every New year's day, the first payment to be made on the first new years day after my death and on every new years day after during her life from ?a fund which I shall hereafter appropriate for same
Item I give and bequeath to Alexander Hill son of the said Charity Hill the sum of one thousand dollars to be paid him at the end of twelve months from the day of my death, but if he should die before said day of payment or afterwards
or afterwards before it is paid, without being withheld after it is called for or demanded, and shall leave no children lawfully begotten this legacy shall merge and make part of the residue of my Estate, if he leaves children lawfully begotten they shall take this legacy.
Item I hereby emancipate and set free my negro slave Tom or Thomas and if this mode of emancipation be not effectual for his freedom I will and Direct that my Executors do execute a valid Deed of emancipation to him and put the same on record and I hereby give and bequeath to said Tom the sum of six pounds yearly the first payment to be made as directed for Charity Hill and so on from a fund I shall appropriate.
Item I hereby emancipate and set free my negro woman Mary or Molly whom I bought of William ?Lydebotham? and if this mode is not sufficient for her freedom I hereby direct that my Executors do for her as I have ordered for Tom.
Item I hereby emancipate and set free my Negro boy Will or William the son of Sarah born on the fourth day of October seventeen hundred and ninety eight when he shall arrive at the age of thirty years and compleat the same and I give his service during and until that time unto my nephew John Fergusson on the following conditions That when Will shall arrive at the age of twenty years he shall put him for three years to the trade of a joiner or carpenter or such other trade as Will may choose and that he shall not sell the service of Will nor send or carry him out of the State of Maryland to reside except it be in his own family to serve himself nor shall Wills service be amenable for any Debts of the said John Fergusson and if the said John Fergusson shall die before Will shall arrive to the age of thirty years I give and bequeath the residue of Wills servitude to my nephew Robert Fergusson on same conditions as to John Fergusson.
Item I give and bequeath to my nephew Robert Fergusson of Baltimore my gold watch which for some years past he has had in his possession together with my steel [can't read] and ?Cornelian? seal set in gold having on them the crest and . . . [can't read] . . . Fergusson.
[NOTE: Starting with this paragraph, it appears part of the will was torn. There are about 4 partial lines that are upside down that don't match where these lines are in the will. The upside down part is:
last will and testament
former pages and
on this twenty eight
. . . eight hundred . . .]
. . . [can't read] . . . ??eath [Probably: Item I give and bequeath] to my nephew John Fergusson all my wearing [page torn] . . . away as he thinks proper but not to sell
. . . [page torn] . . . ?other John Murphy of Westmoreland County in Virginia
. . . [page torn] . . . ?? of Four hundred and twenty four pounds twelve
. . . [page torn] . . . for the land negroes given me by the late John Bal-[lentine]
. . . [page torn] . . . ?? his daughter Elisabeth and for one phaeton and one
. . . [page torn] . . . me as will appear by the charge thereof made in my
. . . [page torn] . . . he granted me two notes to wit one for Three hundred
. . . [page torn] . . . of the land slaves and one for eighty four pounds
. . . [page torn] . . . ??ice of the phaeton and horse which notes are lost but
. . . [page torn] . . . ??wledge to be just Being d??reous that all the property
. . . [page torn] . . . my Dear Deceased Wife shall go to her young relations I Will and direct that ??? of the aforesaid sum due me for the phaeton and horse my said brother deduct and pay himself the sum of ten pounds Virga Curry for a brown mare I had of him also the sum of about Twenty six pounds Sterling paid for me by him to Thomas ?Blane? of London ?? by his account and receipt will appear likewise the further sum of about seventy pounds Sterling charged to his account by Henry Riddle of Glasgow for the cost and charges of the Iron Work for a Thrashing Machine ?arrived? to me in the summer seventeen hundred and ninety nine the remainder of said sum ?? phaeton and horse, if any be ???h the sum of Three hundred and forty pounds for the ???d and slaves aforesaid
??? [PROBABLY: Item I give] and bequeath to the present children of the said John Murphy in the following ??? portions To my Nephews John Ballantine Murphy ?and? Robert Murphy the sum of Ten pounds Sterling to each to be laid out in good pl?in silver watches for them when they come to the age of discretion to take care of them to my three lovely neices whom I equally regard I give the remainder but on account of the names they bear not in equal proportions To my neice Elisabeth Fergusson Murphy I give two fifth parts To my neice Ann Murphy I give one fifth part and to my neice Jean Crosbie Murphy I give the remaining two fifth parts to be paid them my said neices by their Father when they shall arrive at the age of sixteen years or day of marriage whichever shall first happen free of any interest for I charge him no interest thereon and if any of my said neices should die before the age of sixteen unmarried her proportion shall divided between her sisters and if two shall die the remaining sister above named shall have the whole.
I am indebted to my said brother John Murphy the sum of seven hundred and fifty pounds seven shillings and three pence sterling for ?? ?bill? borrowed of him to pay for part of my land called ?Rosers? Refuge for which sum I have executed to him a bond
a bond dated the third of May Eighteen hundred and two The whole of said Bond or what part thereof may be due at my death I hereby Will and direct that it shall be paid to him the said John Murphy his executors or administrators agreeable to the tenor thereof without any reference to the debt by him to me which I have willed to his children as above.
Item I Will and bequeath to my neice Jean Crosbie Murphy my little negro girl named Jean the daughter of Sarah well knowing my said neace is a sweet and amiable tempered child and will be kind to her little maid Jean.
Item I Will and direct that all my Negroes not willed away and not set free by me and all my other chattel property of what kind so ever not before willed or bequeathed by me be sold and out of the money arising therefrom shall a sufficient fund be appropriated by my Executors for the prin?? [?principal?] payment of the annuities to Charity Hill and Negro Tom and for the taking care of Old William who must be mentained out of my Estate during his life and I recommend it to my Executors and Legatees to be kind to these three objects of my bounty And when they shall die said appropriated fund for their annuities and mentainance shall be divided as the residue of my Estate.
Item I will and Devise bequeath and direct that all the residue of my Estate which may arise from the ?sales? of my Real Estate after paying my just Debts as before directed and sale of my personal Estate as above ordered and from Debts due to me or in any other manner after paying my Debts as aforesaid and Legacies by me here before bequeathed and mentioned be divided as follows To my brother William Fergusson in ?Minniave? parish of Glencaern in Scotland I give one moity of said residue and after his death said moity to be equally divided between the children of his second marriage and any after marriage he may make If said William Fergusson shall die before me the children of his second marriage and any other after marriage shall take said moity equally among them The other moity of said residue I give and bequeath to my nephews Robert Fergusson and John Fergusson of Baltimore to be equally divided between them and if either die before me and I make no alteration by a codicel respecting this moity the survivor of them shall take the whole.
Lastly I constitute and appoint my brother John Murphy of ?Ayrfield? Westmoreland County Virginia my nephews Robert Fergusson and John Fergusson of Baltimore and my friend Thomas Mundell of Prince George County . . [can't read] . . .Executors . . . [page torn] . . .
[NOTE: it appears part of this page was torn off.]
In Witness whereof I have subscribed the [can't read] . . . [page torn] . . .
this page I also subscribe and to it affix my . . . [page torn] . . .
day of July in the year of our Lord Christ . . . [page torn] . . .
and three
Signed sealed ?subscribed? and delivered by Robert Fergusson above and before named Testat[?or?] ?? and for his last Will and Testament in the presence of us who at his request and in the presence and in the presence of each other [can't read] subscribe our names as witnesses thereto.
Ignatius ?Semmes?
Jno. B. Brooke
Will. Vincent
Copyright © 2008 - 2018 Fergus(s)on Y-DNA Project