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Records held in the Public Domain of Worcester County, Maryland
Prepared and transcribed by Suzanne B. Hurley

This record is from our Wills records.
Henry Zadock P.

Will Date: 9/17/1870

Probate Date: 12/27/1870

Information in this record:
Zadock P. Henry 17 September 1870w 27 December 1870
Know all men that it may concern that I Zadock P. Henry, Senior,
of Worcester County in the State of Maryland; being of sound and disposing mind, memory and understanding do hereby make ordain publish and declare my last will and testament in manner and form following to wit--First I give and devise to my son Zadock P. Henry, Junior in fee simple all those tracts of land or parts of tracts or parcels of land lying in said county called _ Genezar, Goshen or Goshen Mayfield _ or however named. which was conveyed to me by Ephriam K. Wilson, Trustee by deed dated the sixteenth day of December in the year eighteen hundred and sixty seven and recorded among the land records of said ******County in Liber G W R No. 3 folio 101 as by reference thereto will appear. With the following promise and upon the following express condition that my said son Zadock shall pay to my executor or executors, administrator or administrators for distribution among my heirs at law and distributes the sum of five thousand dollars in two equal annual installments, with interest from the day of my death which said sum of five thousand dollars I do hereby constitute a charge upon the lands of aforesaid. Secondly: I will and devise that if my wife shall refuse to release to my said son Zadock all her right of dower in and to said lands then my son shall not be bound to pay and shall not pay into my estate the said sum of five thousand dollars or any part thereof but shall hold and enjoy said lands free and clear of the charge aforesaid.

Item: I give and devise to my son John W. Henry in fee simple all the lands owned by me lying on the North or right hand side of the road leading from Berlin to Libertytown known as the Whittington lands, the Smith lands, the Timmons lands or however known being the land now occupied by Irving Henry, James Foreman and John W. Pitts together with the woodland and cypress swamps adjoining said lands being contiguous to and adjoining the lands of Lemeul Showell, George Fassitt and others with the following promise and upon the following express conditions that my said son John shall pay to my executor or executors the sum of two thousand dollars in two equal annual installments with interest from the day of my death which said sum of two thousand dollars I constitute a charge upon the lands.

Item: I give and devise to my son John W. Henry and my daughter Mary Polk in fee simple all that tract of land being on both sides of and adjoining Pocomoke River and near to and below Givans Bridge known as Straban, or however named, it being land purchased by me which formerly belonged to my brother Robert Henry.

Item: I give and devise to my daughter Adeline Bird in fee simple the house wherein I now live with all the land attached thereto including all the land belonging to me lying on the North or right hand side of the road leading from Buckingham cemetery to John E. (H or W) Marshall's gate and also all that tract of woodland adjoining Robert I Henry's farm containing forty five acres more or less both said tracts having been purchased by me from Dr. Ratliffe. I likewise give and devise in fee simple to my said daughter Adeline Bird all that lot of ground near the Hotel in Berlin on the west side of the main street of said town being the land whereon the Town Hall and the storehouse now occupied by Charles Collins stand together with all intervening? and adjoining land belonging to me except the house and lot sold to Major Hastings.

Item: I give and devise in fee simple to Moses Johnson and Mary Johnson children of my daughter Elizabeth Johnson, deceased, all that tract of land adjoining the lands belonging to the ____? estate of Henry Johnson, deceased, being the land now in possession of said estate on which rent has been paid to me including all the land belonging to me lying on the south or left hand side of the road leading from Buckingham cemetery to John E. Marshall's gate, said lands being part of the lands formerly belonging to Henry Franklin, Senior. And in case I shall sell or alienate the said land herein devised to my grand-children Moses Johnson and Mary Johnson, before my death, then I give and bequeath to my said grand-children in lieu thereof the sum of three thousand dollars each, to be paid to them respectively when they reach the age of twenty-one years and my executors shall account to them for the principal sum with simple interest thereon at the rate of four per centum per annum from the date of my death, upon reaching said age. And in case either of my aforesaid grand-children should die with out issue living at the time of his or her death before reaching said age then the whole amount shall be paid to the survivor at said age of twenty-one years, and in case both of them should die before reaching said age of twenty-one years without issue living at the time of their death then it is my will that the whole amount be paid into my estate upon the happening of such event. It is my meaning and intention that the aforesaid legacies of money shall not be paid to my said grand-children unless I should sell or alienate before my death the land hereinbefore devised to them.

Item: I give and devise to my daughters Laura Henry and Adeline Daugherty in fee simple all that tract belonging to me being land formerly owned by my father, it being all the land owned by men on the south or right hand side of the road leading from Liberty Town to Poplar Town including the land now occupied by Rily( Walston or Hatston) together with all adjoining and contiguous lands belonging to me known as the Gunby land, Desire's Addition or however named.


Item: I give and devise to my wife Sally Mary, for her life in lieu of her dower in my lands all that tract of land bought by me during the year eighteen hundred and sixty nine from Isaac B. Purnell and Mary his wife, including all the land owned by said Isaac in Newport Neck at the time of my purchasing said land from him except the part of said land hereinafter devised to my daughter Henrietta and after the death of my wife I give and devise in fee simple to my son George Edward Henry, all the aforesaid land brought by me from Isaac B. Purnell except said part hereinafter devised to my daughter Henrietta and in case my wife shall not abide by my will but shall elect to take her dower in lieu thereof it is my wish and intention that the rent and profits of the lands hereinafter devise to her shall during her life be equally divided among all my children except my son George.

Item: I give and devise in fee simple to my daughter Henrietta Mitchell that part of the aforesaid land purchased by me from Isaac B. Purnell which lies on the South side of the road leading from Newport Bridge to Hayes Landing. I likewise give and devise to my said daughter Henrietta all that tract of marsh land purchased by me from Isaac B. Purnell(previous?) to the year eighteen hundred and sixty-nine which lies west of Witch Creek and between Witch Creek and Deep Landing. And it is my will and intention that my executors hereinafter named shall pay all purchase money due at the time of my death upon the land purchased by me from Isaac B. Purnell so that same land shall go as herein devised clear of any encumbrances of purchase money.

Item: I give and bequeath to my daughter Laura, my piano.

Item: I give and bequeath to my daughter Adelia Dougherty my melodeon.

Item: I give and bequeath to my wife my household wares and kitchen furniture.

And whereas it is my desire that my daughter Mary Polk should receive and enjoy the sole use and possession of all that tract of land known as Long Ridge which formerly belonged to her mother and that my other children by my first wife should release their interest in said land to her. Therefore is case my sons John W. Henry and Zadock P. Henry, Jr. and my daughter Adeline Bird, Laura Henry and and Adelia Doughtery and my grand-children Moses Johnson and Mary Johnson or any of them, being co-heirs in said land, shall when ? requires, if of legal ages refuse or unreasonably? neglect to convey in fee simple
to my daughter Mary Polk all their right title and interest in said tract called Long Ridge, including all the land which descended from my first wife to her children then and in that case it is my will and intention that such of my aforesaid children and grandchildren being co-heirs in said land shall so refuse or neglect shall receive no benefit from this my will and that all devises and bequeaths herein contained shall so regard such of them as shall so refuse or neglect become void and of no effect.

And in case my grand-children Moses Johnson and Mary Johnson shall receive or claim any part of the rents, profits or income occurring from the aforesaid tract of land called Long Ridge during their minority then they shall receive no benefit from this my will.

Item: It is not my intention that any debt due to me at the time of my death from any of my Executors, devises or legatees shall be thereby released.

Item: In case the assets in the hands of my Executors and the real estate not herein devised shall not be sufficient to pay all my just debts and legacies and charges upon my estate then it is my will and desire that my Executors hereinafter named shall retain in their hands the income and profits from all my lands except the land devised to my son Zadock and to apply said income to pay off such debts and charges until they are fully discharged.

Item: It is my will that the residue of my estate not hereinbefore devised or bequeathed shall be equally divided among my children after my debts have been paid.

And lastly I do hereby appoint my sons John W. Henry and Zadock P. Henry, Jr. to be joint Executors of this my last Will and Testament, who shall not receive more than two hundred dollars each for their commissions as such Executors. In testimony whereof I do hereto set my hand and affix my seal this seventeenth day of September in the year eighteen hundred and seventy. ZADOCK P. HENRY
Witness:
Lemuel Showell
R. Henry
John W. Pttts

Note:
Some entries show dates specifically and separately. Some have the dates within the Information notes:
c = Chancery Court Date
f = Family Court Date
o = Orphan Court Date
w = Will Date
p = Probate Date

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