Jonathan A. Hearn of Sussex, b. 1812
I, Jonathan A. Hearn of the town of Laurel, county of Sussex and state of Delaware, do make, publish, and declare my last will and testament in the manner and form following "To Wit"..
First and principally I recommend my soul to Almighty God who gave it, and my body to the earth from which it taken, to be buried in a decent christian like manner.
Item First: My will and desire is, that my tract of land situated near Delmar, in the county of Sussex and state aforesaid containing eighty acres, more or less be divided into three lots or parcels, and sold by my executor hereafter to be named, to the highest bidder or bidders, therefor (reserving one quarter of an acre for a burial ground, where my father and mother are buried, for the purpose of burying relatives and friends of the family) and out of the proceeds thereof to pay all just debts outstanding against me at this date, and the balance of the said proceeds, together with a judgment note I hold against Nehemiah B. Lecates, and my mule and cart, to be equally divided between four of my children ( Viz: Alfred W., Stephen G., Mary E., and Martha A. to them and each of them, their heirs and assigns forever.
Second: I desire and direct my said executor to sell one third of an acre on the east side of my lot at the depot in Laurel, adjoining the lot of James B. Phillips, to the highest bidder therefor, and with the proceeds thereof pay such debts as may be contracted by me from this date, burial expenses, and erect tombs to the graves of myself, my wife, my son Patrick, such as Theodone Mitchell has placed at the grave of his wife in the M.E. Cemetery in Laurel, and the residue of said proceeds to be equally divided between my two sons Job S. and Elijah R. Hearn, to them and their heirs forever.
Third: I give and bequeath unto my two sons Job S. and Elijah R. Hearn, all my carpenters tools to be equally divided between them.
Fouth: I give and bequeath unto my wife Frances S. Hearn, all the residue of my lot at the depot in Laurel, together with the houses thereon, also all the household furniture to be held by her for and during the period of her natural life ( in lien of dower in the lands devised to be sold) and at the death of her my said wife, for the lot and houses to be equally divided between my two sons Job S. Hearn and Elijah R. Hearn, to them during their natural lives and at their death to their children respectively, their heirs, and assigns forever, and the household goods to be equally divided between my two sons Job S. and Elijah R. and my daughter Mary E. , to them and their heirs forever, and I hereby authorize and enpower my executor to convey the lands authorized to be sold to the purchasers thereof by good and sufficient deeds for the same.
It is also my desire that each portion of my said property bear its own expense in the settlement of my estate.
Lastly, I hereby constitute and appoint William B. Records of the town of Laurel, aforesaid sole executor of this my last will and testament, hereby revoking all former wills heretofore my me made.
In witness whereof I have hereunto set my hand and seal this third day of September in the year of our Lord one-thousand-eight-hundred and eighty-four.
Jonathan A. Hearn seal
Signed, sealed, and published by Jonathan A. Hearn, the testor, as and for his last will and testament , in the presence of us, who at his request and in his presence and in the presence of each other have subscribed ouw names as witnesses thereto:
W. S. Callaway
James H. Williams
Transcribed by James Hearn.
© Copyright Brian Cragun, 2007. All rights reserved.