Old Wills

1752 Will of Peter Montgomery of Charles County, Maryland

Peter Montgomery was a citizen of France who came to Charles County, Maryland, in the years before 1727.  In that year he and his two sons already born, Francis and John Baptiste Montgomery, became English subjects of King George II.  ‘Every of them shall from hence forth be adjudged reputed and taken as natural born people of this Province of Maryland and that they and every of them by the authority aforesaid be enabled and adjudged to all intents and purposes to demand challenge, ask have hold and enjoy any land tenements, rents & hereditaments to which they might in any wise be entitled as if they were free and natural born subjects and liege people and also that they and every of them shall & may be enabled to maintain, prosecute, avow, justify, and defend all manner of actions, suits, pleas, plaints and other demands whatsoever as liberally frankly, freely, fully and securely as if they and every of them had been natural born people and subjects of his most sacred Majesty King George the second any law, statute, usage or custom to the contrary in any wise notwithstanding.’  Liber LL, Page 182-183.

Peter was my fifth great-grandfather.  He wrote his will in January, 1752, and it was probated in December of 1754.

Peter Montgomery, Sr. Will

Charles County, Maryland – Will Book Volume 5, Pages 31-33

In the name of God, Amen.  I, Peter Montgomery of Charles County in the province of Maryland, being infirm of body but in sound and perfect memory, do make this my last will and testament as follows.

Imprimis, I bequeath my soul to God who gave it me, my body to the Earth after my departure, to be decently buried at the charge of my estate and direction of my executor hereafter named.

Item.  I will that my just debts and funeral charges be first paid.

Item.  I give and bequeath unto my loving son, Francis Montgomery, one shilling sterling.

Item.

I give and bequeath unto my loving son, John Montgomery, one shilling sterling.

Item.  I give and bequeath unto my loving son, Peter Montgomery, fifty-six acres of land beginning at the first bound tree and lay it out on the same side of a branch that the tree hand to trim and his heirs forever, also one feather bed and covering and one cow and calf.

Item.  I give and bequeath unto my loving son, Joseph Montgomery, fifty-six acres of land to be laid out on the west side of a branch joining to his brother Peter and the branch to divide them, to him and his heirs forever.

Item.  I give and bequeath unto my loving wife, Margret Montgomery, the plantation I now dwell upon with one hundred and twelve acres of land, joining thereunto during her natural life and after her death to my loving son, William Montgomery, to him and his heirs forever.

Item.  I give and bequeath unto my loving daughter, Mary Magdalene Higdon, and my loving son, Elisha Montgomery, all the remaining part of my lands to be equally divided to them and their heirs forever.

Item.  I give and bequeath unto my loving son, James Montgomery, one shilling sterling.

Item.  I give and bequeath unto my loving son, Richard Montgomery, one feather bed and covering and one cow and calf.

Item.  I nominate, constitute and ordain my loving wife, Margaret Montgomery, whole and sole executrix of this my last will and testament, to whom the aforesaid Margaret, my wife, I give and bequeath all the remaining part of my personal estate.  I ordain that this present will to be my last will and testament.  In witness whereof I set my hand and fixed my seal this 16th day of January in the year of our Lord, 1752.

Peter Montgomery

Edward Turner, Jacob Moreland, John Hunt

Amended to the foregoing will was the following probate, to wit

Charles County, 26th December 1754, came Edward Turner, Jacob Moreland and John Hunt, the three subscribing witnesses to the foregoing will, who being duly and solemnly sworn on the holy Evangelist of Almighty God that they saw the testator, Peter Montgomery, sign and seal the aforesaid will and heard him publish and declare the same to be his last will and testament and that at the time of his so doing was to the best of their apprehensions of sound and disposing mind and memory and that they severally subscribed their names as witnesses to the said will in the presence of the testator

And at his request which probate was taken after Francis Montgomery, heir at law, had signified he had no objections.  Before Daniel Jenifer, D.C. of Charles County.

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