OFFUTT, James W.
In the name of God, amen: I, James W. Offutt of Allegany County in the State of Maryland, being in feeble and infirm bodily health but of sound and disposing mind, memory & understanding, considering the certainty of death and the uncertainty of the time thereof, and being desirous to settle my worldly affairs and thereby be the better prepared to leave this world when it shall please God to call me hence, do therefore make and publish this my last will and testament in the manner and form following, that is to say: _
First and principally I commit my soul to God in whom I trust, and my body to the earth, to be decently buried at the discretion of my Executrix hereinafter named, and after my debts and funeral charges are paid I devise and bequeath as follows, ~
I give, devise and bequeath to my beloved wife Sarah Jane one-third of the rents and prfits of all my real estate to have and enjoy the same during her natural life - And I also give and bequeath to my said wife one third of all my personal property.
I further give, devise and bequeath to my two sons Francis M. Offutt and Ross J......(?) Offutt all the rest & residue of my estate real and personal, to be equally divided between them share and share alike. ~
And I do further constitute and appoint - my dearly beloved wife Sarah Jane to be sole Executrix of this my last will and testament, revoking and annulling all former wills by me heretofore made - and I do further provide and desire that my said Executrix shall not be required to give any security for the faithful performance of the trust hereby reposed in her as Executrix fo this my last will and testament. ~
And I do hereby constitute and appoint my beloved wife aforesaid Guardian for my said children Francis M. Offutt & Ross J......(?) Offutt - to have the sole and entire management and control of all my estate real and personal until my said children shall be of mature age. ~ And I hereby authorize and desire my dear wife aforesaid to collect the rents and profits of my said estate real and personal, and after deducting all expenses incurred in the management thereof and her thirds, to apply so much of the remainder to the support and maintenance and education of my said children as to her may seem proper and right and if any portion thereof should still remain unsuspended (?), then it is my desire that my said wife as the Guardian of my said children shall invest the same for their benefit in such manner as to her may seem best. ~~~~~
In testimoney whereof I have hereunto set my hand & affixed my seal this fourteenth day of July in the year of our Lord one thousand eight hundred & fifty-four. ~
Signed, sealed, published & declared
by James W. Offutt, the above named
testator as & for his last will and
testament, in the presence of us, who
at his request & in his presence
and in the presence of each other
have subscribed our names as witness
thereto = The alteration from J........?
R Offutt to "Ross J......? Offutt" being made
before the execution thereof ~
A. P. Shepperd
S. H. White
Maryland, Allegany County to wit:
On the 20th day of July 1854, came Mrs. Sarah Jane Offutt, and made oath on the Holy Evengely of Almighty God that the foregoing instrument of writing is the true and whole will and testament of James W. Offutt, late of Allegany County, decd that hath come to her haneds or possession, and that she doth not know of any other. ~
Test: W. R. McCully Regr
Maryland, Allegany County to wit:
On the 20th day of July 1854, came A. P. Shepperd, S. H. White and I. H. Gordon, the subscribing witnesses to the foregoing last will and testament of James W. Offutt, late of Allegany County, dec'd and made oath on the Holy Evangely of Almighty God that they did see the testator therein named sign and seal this will - that they heard him publish, pronounce & declare the same to be his last will and testament; that at the time of his so doing he was to the best of their apprehensions of sound and disposing mind, memory and understanding, and that they respectively subscribed their names as witnesses to this will at the request of the testator, in his presence and all in the presence of each other. ~~
Test - W. R. McCulley, Regr.
Note: I can not make out the Registers handwriting - the name looks like "Jrebien"
Posted August 17, 2012