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WILL OF BENJAMIN HORNER, 1842

In the name of God amen ~ I Benjamin Horner of Somerset County in the State of Maryland, being sickly and weak in body, but of sound mind and memory, and of understanding considering the certainty of death and the uncertainty of the time thereof, and being anxious to settle my worldly affairs, and thinks be the better purpose to leave this world when it shall please God to call me home, do therefore make out xxx (pathib?) this my last will and Testament, in manner and foresee following: that is to say ~ Item 1. I give unto Elizabeth Horner and Nancy Horner my two daughters three acres of land where the dwelling house now stands, and also I give unto them two -- their feather beds and furniture belonging to them, and one chest of drawers, and one clock and case and six Windsor chairs and one cubords, and one walnut (?) table, and of either of them should die without heirs lawfully ligario the whole of the above to the other ~ Item 2. I give to my son James Horner where his house stands and he now lives a certain quantity of land. Beginning xxx(near) land or division in land between Travis Horner and myself, to xx x (the?) South so as to run by and with the second apples xxx (row/now?) accept as far as my land goes so as to give him all the lands east of xxx (Snide? River?)~ Item 3. I give all xxx (them atornment?) of my land except one and half aces down at the west end of my land, where the will be a post set up for a beginning of it, to my two sons Benjamin Horner and Moses Horner to be equally divided between them and their lawfull legatos heirs.~ Item 4, I give my daughter, Susan Kirwin one dollar and no more, also my daughter Rhodah martin one dollar and no more, also my daughter, Mary Roberson one dollar and no more of my property.~ Item 5. I give my grandaughter Elizabeth Roberson the sum of ten dollars. ~ Item 6. All the xxx (?) of my xx (?) and personal property thatís not willed xxx (away?) after my final debts is paid to be equally divided between five of my children xxx(?) to say Elizabeth Horner & Nancy Horner and Benjamin Horner and Moses Horner and James Horner - share and share alike ~ Item 7. My will is that all my children shall and is to have a xxx (pathway?) to the xxx? without molestation of any and of them mentioned in this will and, further any and of them wishing to sell his part of land, that he shall sell to the other brothers or sisters and no one else - except they all shall agree to seal the same ~ In testimony where of, I have hence and unto set my hand and offered, my seal this 28th day of April xxx (?) one thousand eighty hundred and forty(One or two)

Benjamin Horner - His mark - seal

Witnessed by:
George Rowe
G.W. Rowe
Zachariah Webster
Will was filed May 31, 1842

Sorry to say some of the words could not be read - these have been marked with xxxx.

Transcribed by H. and D. Carmine.

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