Tuesday, March 22, 2011

Will: Matthew W. Brooke

Prince William County Will Book L, pg. 8
18 Aug 1816; proved 03 Dec 1816

I MATTHEW W. BROOKE of the county of Prince William being sick and infirm in body, but of sound and perfect mind do make this my last will and testament as follows – First I commit my soul to Almighty God and my body to the earth to be decently intered at the discretion of my Executor hereafter named.  Secondly I subject the whole of my Estate to the payment of my debts and afterwards the residue thereof both real and personal to be kept together for the mutual benefit of my beloved wife and daughter BETTY WHITING during the minority of the latter, unless she marry before it expire.  Upon her attainment of the age of twenty one years, or marriage before that period, it is my will and desire that an equal division of the whole of my estate be made between my wife and daughter, and that the former hold her moity during her natural life, if she shall so long remain in a state of widowhood.  Thirdly, if my wife shall at any time marry I devise and bequeath to her one third only of my estate real and personal during her natural life, and direct that upon her marriage if no division of my estate shall have been made at that time, she shall receive and be entitled to no more, and if a division at that time shall have been made, that the excess above one third be restored to my daughter.  Fourthly, in the event of my daughter’s death before she shall have attained the age of twenty one years I give to my wife in like manner one moity of my estate real and personal during her widowhood and in case of her marriage, one third only during her natural life, at her death to be divided between my sister LUCY INGRAM’s children now living.  Lastly, I commit the protection of my wife, and guardianship of my daughter, to my friend Mr. THOMAS INGRAM whom I do hereby appoint my Executor.  In testimony hereof I affix my hand & seal this 16th day of August eighteen hundred and sixteen.

M. W. BROOKE   {seal}

Signed & published in presence of

At a Court held by adjournment for Prince William County December 3rd 1816.

This last will and testament of MATHEW W. BROOKE decd was presented to the Court by THOMAS INGRAM the Executor therein named who made oath to the same according to law and the said will being proved by the oaths of LUCY B. DIGGES and JAMES W. WALLACE is ordered to be recorded and the said THOMAS INGRAM having taken the oath of an Executor and performed what is usual in such cases certificate is granted him for obtaining a probate thereof in due form.

Teste, PHIL. D. DAWE

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