Will of Zephaniah Offutt 1754-1796
Montgomery Co., Md.; Wills, Liber Co f. 226
In the name of God, Amen. I, ZEPHANIAH OFFUTTT of Montgomery Co., and State of Maryland, planter, being week in body but of sound mind, memory, and understanding, and considering the uncertainty of this mortal life, do make, publish, pronounce, and declare this my last will and testament. And principally I recommend to the earth to be buried in a Christian-like decent burial at the discretion of my executors, not doubting but at the General Resurrection I shall receive again by the mighty power of God.
As touching such worldly estate wherewith it hath pleased God to bless me with in this life, after all my just debts and funeral charges are fully paid and Satisfied, I give, devise, bequeath, and dispose of the same in manner and form following, to wit:
Samuel Offutt deceased leaving several tracts of land to be divided between his three sons, namely Mordecai Burgess Offutt, Hezekiah Offutt, and Zephaniah Offutt and after resurveying the several tracts of land by the three sons already named, the said several tracts is now called the "Brothers' Industry". and after having the tract or tracts of land divided agreeable to the bond passed by each of the above parties indifferently to each other and agreeable to my father's will, That part which was assigned to me and whereon I now dwell, my will and desire is that my beloved wife, Margarett Offutt shall have, occupy, and possess with all the appurtenances thereunto belonging during her natural life or during her widowhood without hindrance or restraint (she not making any willful waste an the premises more than necessity requires.)
And in case my beloved wife should marry and take another husband, that my children after her intermarriage shall possess and continue on the land and premises until my son Zephaniah Burgess Offutt arrives at the age of twenty-one years.
And in case he should die before that period, until my daughter, Catherine Christie Offutt arrives at the age of eighteen years, then the land to be sold at public sale and after timely notice, and money thence arriving to be equally divided between my seven children, namely, Rezin Beall Offutt, Elizabeth Chew Offutt, Lucy Burgess Offutt, Samuel Chew Offutt, Zachariah Offutt, Zephaniah Burgess Offutt and Catherine Christie Offutt.
Item: I will that my beloved wife have, hold, and enjoy the one-half of my personal estate during her widowhood but provided she should contract matrimony and take another husband, she shall have only her thirds limited by law, and the other two thirds to be equally divided between my seven children.
Item: I give and bequeath to my beloved wife one negro man named Henry, also one negro woman named Eleanor, her and of the increase she may have after my decease as my wife's own right and property to her and her heirs after my decease for ever.
Item: I give and bequeath unto my daughter, Elizabeth Chew Offutt, one negro girl named Anna to her and her heirs forever, and no person to have power to sell her without my daughter's free and voluntary consent.
Item: I give and bequeath to my daughter Lucy Burgess Offutt one negro named Rachel to her and her heirs forever, not to be disposed of without my daughter's consent.
Item: I give and bequeath to my daughter Catherine Christie Offutt one negro girl named Esther to her and her heirs forever, not to be disposed of without my daughter's consent.
Item: It is my will that my beloved wife shall give my two youngest sons five years schooling each in the English Education, likewise four years to my daughter, Catherine Christie Offutt before she is thirteen years of age, and my son Samuel Chew Offutt three years schooling in the language as aforesaid.
Item: It is my will that my four sons receive their portions of their personal estate at the age of twenty one and my daughters at the age of eighteen years.
Item: My will is that my son Rezin Beall Offutt bring into my estate the legacy of twenty-five pounds left him by Robert Beall to be divided with his brothers and sisters, and him to share equal with them agreeable to my will; otherwise, he is not to have any part of my estate with the rest of my children, and after my wife's decease, the whole of my personal estate to be equally divided between my children that doth comply with my will as aforementioned, and if any one or more of my children should by law or otherwise act contrary to this my will, such child or children shall have no part in my estate.
Item: It is my will that if either of my children shall or will obstinately go from or leave my wife and reside or abide at any other place or places contrary to her desires without a just cause shown and made known and appear, that such of my children thus acting shall have no part of my estate, and the same shall be certified to the whole of my children publicly or as often as need my require by my executor and three sensible, discreet freeholders.
Item: It is my will that neither of my children shall have any part of my estate until they give bond with approved serenity to my beloved wife first that they will be content with this my will.
Item: My wife is not to be liable for any loss in my estate by death, worn out by age, crippled or strayed, taken by distress, or any unlawful loss that she could not avoid, but she is not to give, lend, sell, or otherwise dispose of any part of my estate so as to diminish it by extravagance.
Item: It is my will that all the increase of my estate both real and personal after my wife's decease and any of my estate that hereafter may be found on, or in those possessions fall, if the same may or shall be found shall be equally divided between my children agreeable to my will as before directed.
Item: It is my will that if either of my children die without heirs that their part of such deceased estate shall return to the rest of my children then surviving that agreed to my will as aforesaid.
Item: It is my will that if my children or any of them should choose to live or abide with my wife after they are of age while they live single, they shall maintain themselves by their own industry.
Item: It is my will that if my wife should not give the children the schooling as is mentioned in this my will that then she shall not have the negroes bequeathed to her by me in this my will. And provided that if my wife should die before the Said children get their term of education aforementioned I do compel the executor of this my will to have them educated conformable to this will, and for that purpose he shall draw from my estate a sufficient sum to be adjudged by the Orphans' Court to defray the expenses of their education.
Item: I do hereby nominate and appoint my beloved wife Margarett Offutt my heir and sole executrix of this my last will and testament, hereby revoking all former wills by me heretofore made. And in case of my wife's death, I leave my four sons or either of them to act as executor or executors to this my last will and testament.
In witness whereof I have hereunto set my hand and affixed my seal this fourteenth day of January one thousand seven hundred and ninety six. (14 Jan 1796)
ZEPHANIAH OFFUTT (Seal)
Signed, sealed, published and declared by the above said Zephaniah Offutt as his last will and testament in the presence of us who have subscribed our names as witnesses thereto and in the presence of each other known.
George Culp
Zachariah Offutt
Thomas Clagett
----------------------------
Montgomery Co. to witness. On the 23rd day of February 1796 came George Culp, Zachariah Offutt, and Thomas Clagett, the three subscribers to the annexed will of Zephaniah Offutt, late of said county deceased, and severally made oath on the holy Evangels of Almighty God that they did see the testator therein named sign and seal this will, that hereby they publish, pronounce and declare the same to be his last will and testament and 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 severally subscribe their names as witness thereto in the presence of the testator at his request and in the presence of each other.
Certified by Sam'l Turner,
Reg'r.
True copy
Testified by Solomon Holland, Reg.