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Last Will and Testament of John Outten, Lawyer

1708. IN THE NAME OF GOD, AMEN. I John Outten of Somerset county in ye Province of Maryland, being very sick and weak of body but of perfect memory, bless the name of the Lord, and knowing the uncertainty of this transitory life and willing to settle my temporal estate. In the first I give and commit my soul to God who gave it, and my body to the earth from whence it came, to be decently buried at the discretion of my executrix hereafter named, and Doe believe in ye Resurrection of ye body and the remission of sins and the life everlasting and for all sins committed am heartily penitent for and hope the forgiveness of the same and when all my lawful debts being paid I give and bequeath my will as followeth.

Imprimis - I give and bequeath to my loving son Thomas Outten my dwelling plantation to be made out 200 acres of land and marsh to be bounded by the inlett adjoining next to William Selby and not to go over into that marsh formerly belonging to John Bishop called tansie for any part of said 200 A.

Secondly - I give and bequeath unto my loved son Samuel Outten 100 A of land and marsh belonging to it so far as Pegg (or Prigg) Point and so to have marsh along adjoining as ye woods bears in the 180A.

Thirdly - I also give and bequeath unto my loved son Abraham Outten 100 A of land to be laid out at the head of my tract my now dwelling plantation and beyond upon the division line of Thomas Selby and also 50 A of marsh called tansie formerly belonging to John Bishop.

Fourthly - I also give and bequeath unto my well loved son John Outten all my lands and marsh belonging to me lying upon Moromacoe creek in the neck called Condocus onely excepted 50 A sould to Peter Kersie as after will be mentioned.

Fifthly - In case my son John should depart this natural life without lawful begotten issue of his body then those lands and marshes bequeathed to him as Moromscoe (Maromsco) to be the right of my son Thomas to enjoy and the same my said son Thomas not to have any right or claim to that 200 A bequeathed him in this will of my now dwelling plantation but the said 200 A of land and marsh to be equally divided betwixt my two sons Samuel and Abraham and in case that my Thomas should die without lawful issue begotten of his body and should not survive his brother John then that 200 A bequeathed him in this will to be equally divided betwixt my two youngest sons Samuel and Abraham.

Sixthly - I give and bequeath unto Peter Kersie 50 A of marsh being at the West end of Patent called Discovery lying upon a creek called Ease creek near a Sandie beach.

Seventhly - All my land bequeathed in this will to my four beloved sons, Vizt. Thomas, Samuel, Abraham and John, shall enjoy, dispose, make sale as to them shall seem meet as they attain to age and to enjoy the same to them their heirs forever.

Eightly - In case my two eldest sons should die without lawful issue begotten of their bodies then my youngest sons Samuel to enjoy my dwelling plantation at (B?) Pocotenorton with all the lands, marshes and privileges and my son Abraham all my lands, marshes and all privileges thereunto belonging Moromscoe.

Ninthly - It is my will that if my wife now going with child should have a son that every son (Vizt) Thomas, Samuel and Abraham and John shall contribute 200 pounds of tobacco each of ye and if it pleaseth God to be a girl then each to allow 500 pounds of tobacco towards the maintenance not cutting it of her of his due proportion of my principal estate.

I doe nominate and appoint my loved wife Mary Outten to be my whole and sole executrix to see this my will performed this my first and last will and testament as witness my hand and seal.
SIGNED SEALED AND DELIVERED

JOHN OUTTEN
(SEAL)
his
Thomas X Clark
mark
in the presensce of us
Matthew Scarbrough
Nathanll Hopkins
Samuel Hopkins

On the back of the avorsaid will was thus endorsed Vizt.
This day (Vizt) this 27th day of May Anno Domoni 1709 came Mr. Mathew Scarbough and Mr. Nathanll Hopkins and made oath yt they did see the within mentioned John Outten signe and seal the within mentioned will and decalare same to be his last will and testament. Sworn before me

Peter Dent Depty Comdy

(Copied at Land office at Annapolis from Vol. 12 of Wills pg 93).


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