Mason, William
Charles County, Maryland
Wills H.B. No. 14, Fol. 51
Written: Nov. 7, 1817
Entered: Dec. 8, 1818

Will and Codicil

I William Mason of Charles County and state of Maryland being of perfect & sound mind and memory and in good health, but mindfull of the uncertainty of human life and the imprudence of a man's leaving his affairs to be settled upon a death bed, do make and appoint this my last will & testament, my soul I resign into the hands of my almighty Creator whose tender mercies are over all his works who hateth nothing that he hath made, and to the Justice & wisdom of whose dispensations I willing & chearfully submitt my body I desire may be decently buried at the discretion of my Executors hereinafter named, and as for all the worldly Estate with which it has pleased God to bless me I dispose of it in manner and form following.

Imprimis. I give and bequeath unto my wife Ann Mason for and during the term of her natural life the Sum of five Hundred dollars per annum to be paid by all my five children or by my Executors out of the property of such of them as shall not have arrived at the age of twenty one years or married in the following proportions to wit, each of my three son's shall pay one fourth part thereof, and each of my two daughters one eigth part thereof, on the first day of January in every year after my death, but if my wife Ann Mason shall not agree & stand to this my last will and testament but claim her thirds of my property, then my two eldest sons shall pay their above mentioned fourth parts of said annual sum to my three [p.44] youngest children on said day for and during the above mentioned term or so long as my wife shall hold and keep her thirds of said property. Item. I give and bequeath unto my wife Ann Mason for and during the term of her natural life the choice of ten negroes of any I may die possessed of, one half male the other female at her death to be equally divided among all my five children or their heirs when they shall arrive at the age of twenty one years or marry whichever shall first happen. Item. I give and bequeath unto my wife Ann Mason for and during the term of her natural life my carriage & Horses and all my household & Kitchen furniture and all the plate I may die possessed of and at her death to be the property of my two daughters if unmarried (or whichever of them shall at that time be unmarried) for and during the term of their or her life or until they or her shall marry, then to be equally divided among my five children or their heirs when they shall arrive at the age of twenty one years or marry whichever shall first happen. Item. I give and bequeath unto my wife Ann Mason for and during the term of her natural life one fourth of my stock & Horses, Mules, Cows, sheep & Hogs at her death them and their increase to be equally divided among my three youngest children or their heirs, when they shall arrive at the age of twenty one years or marry whichever shall first happen. Item. I give and bequeath tomy eldest son William Mason and to his heirs forever the twelve following negroes and their increase to wit Mat, Toney, Gufs, Louis, Adam, Lucy, Nelly, Eleanor, Leannah, Mathelda, Josuia and Henny all and each of which he has now in possession. Item. I give and bequeath unto my second son George Mason and to his heirs forever the following thirteen negroes and their increase to wit George, Harry, John, Henry, Peter, Anne, Mary, Hannah, Liza, Ciatha, Lilly, and Tammy the daughter of Hannah, all and [p. 45] each of whom he had now in possession. Item. I give and bequeath to my third son Edgar Eilbeck Mason and to my two daughters Ann Sarah Stuart Mason and Mary Elizabeth Mason and their heirs forever when they shall arrive at the age of twenty one years or marry whichever shall first happen each of them four negro Men, two Boys, thre women and three Girls out of my negroes I may die possessed of after my wife has made choice of ten as above directed and mentioned. Item. I give and bequeath unto all my five children & their heirs forever when they shall arrive at the age of twenty one years or marry whichever shall first happen all the increase and all the remainder of my negroes (except those specially given and bequeathed above) to be equally divided among them. Item. I give and bequeath to my three youngest children and their heirs forever they shall arrive at the age of twenty one years for marry whichever shall first happen all my stock of Horses, Mules, Cows, Sheep and Hogs of which I may die possessed of (after my wife shall have received her fourth part as Given and Bequeathed above) to be equally divided among them. Item. I give and bequeath unto my wife Ann Mason for and during the term of her natural life seventy Barrels of Corn and three of flower per annum or their value in money (or such part of either as she shall think proper to demand) to be furnished or paid by all my five children or by my Executors out of the property of such of them as shall not have arrived at the age of twenty one years or married in the following proportions to wit each of my three son's shall furnish or pay one fourth part thereof and each of my two daughters one eighth part thereof one the first day of January in every year after my death. Item. in consideration of the lands I have already given to my two eldest sons William Mason and George Mason as will appear by deeds made and Given them this seventh day of October Eighteen Hundred and Seventeen I will and devise direct and order that all the land I may die possessed of in the state of Maryland shall be sold by my Executors (if they shall think [p.46] it more for the benefit and advantage of my three youngest children) as soon as practicable after my death or at any time previous to someone of my three youngest children arriving at the age of twenty one years or marrying whichever shall first happen and all the money thence arriseing to be divided and disposed of in the following manner and proportions to wit First one half of said money to be laid out in Bank stock or such landed property as my Executors shall think fit to be the property of my third son Edgar Eilbeck Mason and his heirs forever when he shall arrive at the age of twenty one years or marry whichever shall first happen-- one third of the remainder to be laid out in such landed property and Houses (as my Executors shall think fit) to be considered as a home and place of residence for my wife and daughters and to remain the property of my wife for and during the term of her natural life at her death to be the property of my daughters if unmarried or such one of them as shall then be unmarried to be and remain her property for and during her natural life or until she may marry, them to be sold and the money thence arrising to be equally divided between both of them or their heirs forever. The remaining two thirds of the remainder of the money arrising from the first above mentioned sale of my land to be laid out in bank stock or such landed property (as my Executors shall think fit) to be equally divided between and to be the property of my two daughters and their heirs forever when they shall arrive at the age of twenty one years or marry whichever shall first happen. But if my Executors shall find it impossible to sell and dispose of my land as above directed and ordered at what they shall think the value of the same I will and devise unto my wife Ann Mason for and during the term of her natural life my dwelling House & all the out Houses on the lot adjacent to the same with my [p. 47] Garden & orchards and the land included within the same likewise to be considered as a home and place of residence for my two daughters for and during the term of their natural or until they shall marry and I direct and order that for and during the said term or terms my wife or duaghters shall be furnished with fire wood and whatever limber shall be necessary for repairing or improving said Houses from my land adjacent. I will devise direct and order that the remainder of my land be either cultivated for rented out (as it shall seem best to my Executors) for the benefit and support of my three youngest children, until some one of them shall arrive at the age of twenty one years or marry whichever shall first happen when it shall be divided between them in the following manner to wit one half of all of said land according to quantity and quality to be the property of my third son Edgar Eilbeck Mason and his heirs forever when he shall arrive at the age of twenty one years or marry whichever shall first happen the other half to be equally divided between and be the property of my two daughters Ann Sarah Stuart Mason and Mary Elizabeth Mason and their heirs forever when the shall arrive at the age of twenty one years or marry whichever shall first happen. But if at any time after said division above mentioned shall have taken place my Executors shall be enabled to sell the part or parts of such child or children as shall not then have arrived at the age of twenty one years or married I direct and order that they shall do so and then lay out the money thence arrising in the manner above directed and mentioned. Item I will and devise that all the land I may die possessed of in the state of Kentucky to be sold (if it shall then seem best to my Executors) and one sixth part of the money thence arrising I give and bequeath to my wife Ann Mason for and during the term of her natural life to be put at Interest for her benefit at her death to be equally divided [p. 48] among all my five children. I give and bequeath the remainder of the money arrising from the sale of said land to be equally divided among and to be the property of all and each of my five children when they shall arrive at the age of twenty one years or marry whichever shall first happen. But if my Executors shall think it more to the advantage and for the benefit of all my five children not to sell said land I then direct and order that it shall be equally divided into six parts and I will and devise unto each of my five children one of said sixth parts of said land to be the property of them or their heirs forever, when they shall arrive at the age of twenty one years or marry whichever shall first happen, and I will and devise the othersixth part of said land unto my wife Ann Mason for and during the term of her natural life at her death to be equally divided between and be the property of all my five children and their heirs forever when they shall arrive at the age of twenty one years or marry whichever shall first happen. Lastly I appoint my two eldest sons William Mason and George Mason and my two respected friends Richard Stuart and Townshed I. Dade both of King George County state of Virginia Executors of this my last will and testament and guardians to my three youngest children until they respectively come of age hopeing they will excuse the trouble I now give them when they reflect upon the necessity that dying men are under of thus imploying the care and kindness of the living which must also one day be their own case.

In witnefs whereof I have to this my last will and testament set my hand and affixed my seal this seventh day of October in the year of our Lord one thousand Eight Hundred and seventeen-

Signed sealed published and
declared to be the last will and [p. 49]
testament of William Mason in
our presence and subscribed by us
in his presence "the words seventh
in the fifth and October in sixth line
of page the sixth being first interlined
and the words seventh in the eleventh
and October in the twelfth line of page
the twelfth being also interlined.
Wm. Mason

Joseph N. Stonestreet
Wm. Brawner
James N. Hickey
Geo. Jenkins
James B. Pye

Codicil
I William Mason of Charles County and state of Maryland do this 9th day of January 1818 make and publish this Codicil to my last will and testament in manner following— And as there are several debts owing to me from different persons and particularly from my brother John Mason a partner of the House of Fenwick Mason & Co. on account of shipments made them during his residence in France also my part of a considerable sum of money due from said House to the Representatives of the Late Col. George Mason do hereby will direct and order that all such money when recovered and the money arrising from the sale of a small tract of land which I have in the neighborhood of Port Tobacco (respecting the purchase of which I have been in treaty with a man now residing on it) shall first be appropriated to paying a debt now owing from me to George T.Thornton of King George County Virginia and after to discharging such debts as shall be due from me at the time of my death the remainder to be appropriated to the purpose of educating my three youngest children. And I enjoin it particular by on my Executors to take the most speedy means for recovering the said money and for the immediate application of in the manner above directed as it is absolutely necessary for that purpose. And lastly it is my desire [p. 50] that this my present Codicil be annexed to and made a part of my last will and testament to all intents and purposes. In witness whereof I have hereunto set my hand & seal this 9th day of January 1818

Signed sealed published and declared by the above
named William Mason as a Codicil to be annexed
to his last will and testament in our presence
and subscribed by us in his presence
Wm Mason

At the foot of the aforegoing will & Codicil are the following probates to wit-
Charles County (set) December 8th, 1818 Then came William Mason one of the Executors of William Mason late of Charles County deceased and made oath on the Holy Evangely of Almighty God that theaforegoing instrument of writing is the true and whole last will and testament and Codicil of the said deceased that hath come to his hands or possession and that he doth not know of any other.
Test. Humphrey Barnes Register of Wills Charles County (set) December 8th, 1818 Then came Joseph N. Stonestreet one of the subscribing witnesses to the aforegoing last will and testament of William Mason late of Charles County deceased and made oath on the Holy Evangely of Almighty God that he heard the testator therein named acknowledge the same to be his last will and testament that at the time of his so doing he was to the best of his apprehension of sound and disposing mind memory and understanding and that he together with William Brawner one other of the subscribing witnesses respectively subscribed their names and witnesses to this will in the presence and at the request of the testator and in the presence of each other.

Test. Humphrey Barnes Register of Wills Charles County (set) December 8th, 1818 Then came George Jenkins one of the subscribing witnesses to the aforegoing last will and testament of William Mason late of Charles County deceased and made oath on the Holy Evangely of Almighty God that he heard the testator therein named acknowledge this same to be his last will and testament that at the time of his so doing he was to the best of his apprehension of sound and disposing mind memory and understanding and that he together with James B. Pye one other of the subscribing witnesses respectively 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.

Test. Humphrey Barnes Register of Wills Charles County (set) December 8th, 1818 Then came George Mason (of Gunston Virginia) and made oath on the Holy Evangely of Almighty God that he was well acquainted with the hand writing of William Mason late of Charles County deceased and that we verily believes that the aforegoing Codicil and the signature thereto affixed to be in the hand writing of him the said William Mason
Sworn to in open Court
Humphrey Barnes
Register of Wills
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