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
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.
Witnesses: William Ballinger
Basil Dorsey, Jr.
Probated: September 13, 1799. Philip, Charles, and Henry appeared with witnesses on this date.