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Subject: [DESUSSEX] Re: DESUSSEX-D Digest V03 #146
Date: Thu, 25 Sep 2003 10:46:34 EDT

In a message dated 9/25/03 10:01:30 AM Eastern Daylight Time,
writes:
<>
Subject: [DESUSSEX] Re: John Henry Timmons, b. 1849
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In Worcester County Maryland which is on the Eastern Shore, We have Timmons
and Henry's.Ocean City, Maryland Life Saving Station Museum Home, Historical
showplace of the United States Life Saving Service, Ocean Ci...
You could try that for related wills and family information.
Just search under Timmons or Henry.
Zadock P. Henry Will Date: 9/17/1870 Probate Date: 12/27/1870
Zadock P. Henry 17 September 1870w 27 December 1870 Know all men that it may
concern that I Zadock P. Henry, Senior, of Worcester County in the State of
Maryland; being of sound and disposing mind, memory and understanding do hereby
make ordain publish and declare my last will and testament in manner and form
following to wit--First I give and devise to my son Zadock P. Henry, Junior in
fee simple all those tracts of land or parts of tracts or parcels of land
lying in said county called _ Genezar, Goshen or Goshen Mayfield _ or however
named. which was conveyed to me by Ephriam K. Wilson, Trustee by deed dated the
sixteenth day of December in the year eighteen hundred and sixty seven and
recorded among the land records of said ******County in Liber G W R No. 3 folio
101 as by reference thereto will appear. With the following promise and upon the
following express condition that my said son Zadock shall pay to my executor
or executors, administrator or administrators for distribution among my heirs
at law and distributes the sum of five thousand dollars in two equal annual
installments, with interest from the day of my death which said sum of five
thousand dollars I do hereby constitute a charge upon the lands of aforesaid.
Secondly: I will and devise that if my wife shall refuse to release to my said son
Zadock all her right of dower in and to said lands then my son shall not be
bound to pay and shall not pay into my estate the said sum of five thousand
dollars or any part thereof but shall hold and enjoy said lands free and clear of
the charge aforesaid. Item: I give and devise to my son John W. Henry in fee
simple all the lands owned by me lying on the North or right hand side of the
road leading from Berlin to Libertytown known as the Whittington lands, the
Smith lands, the Timmons lands or however known being the land now occupied by
Irving Henry, James Foreman and John W. Pitts together with the woodland and
cypress swamps adjoining said lands being contiguous to and adjoining the lands
of Lemeul Showell, George Fassitt and others with the following promise and
upon the following express conditions that my said son John shall pay to my
executor or executors the sum of two thousand dollars in two equal annual
installments with interest from the day of my death which said sum of two thousand
dollars I constitute a charge upon the lands. Item: I give and devise to my son
John W. Henry and my daughter Mary Polk in fee simple all that tract of land
being on both sides of and adjoining Pocomoke River and near to and below Givans
Bridge known as Straban, or however named, it being land purchased by me
which formerly belonged to my brother Robert Henry. Item: I give and devise to my
daughter Adeline Bird in fee simple the house wherein I now live with all the
land attached thereto including all the land belonging to me lying on the
North or right hand side of the road leading from Buckingham cemetery to John E.
(H or W) Marshall's gate and also all that tract of woodland adjoining Robert I
Henry's farm containing forty five acres more or less both said tracts having
been purchased by me from Dr. Ratliffe. I likewise give and devise in fee
simple to my said daughter Adeline Bird all that lot of ground near the Hotel in
Berlin on the west side of the main street of said town being the land whereon
the Town Hall and the storehouse now occupied by Charles Collins stand
together with all intervening? and adjoining land belonging to me except the house
and lot sold to Major Hastings. Item: I give and devise in fee simple to Moses
Johnson and Mary Johnson children of my daughter Elizabeth Johnson, deceased,
all that tract of land adjoining the lands belonging to the ____? estate of
Henry Johnson, deceased, being the land now in possession of said estate on
which rent has been paid to me including all the land belonging to me lying on the
south or left hand side of the road leading from Buckingham cemetery to John
E. Marshall's gate, said lands being part of the lands formerly belonging to
Henry Franklin, Senior. And in case I shall sell or alienate the said land
herein devised to my grand-children Moses Johnson and Mary Johnson, before my
death, then I give and bequeath to my said grand-children in lieu thereof the sum
of three thousand dollars each, to be paid to them respectively when they
reach the age of twenty-one years and my executors shall account to them for the
principal sum with simple interest thereon at the rate of four per centum per
annum from the date of my death, upon reaching said age. And in case either of
my aforesaid grand-children should die with out issue living at the time of
his or her death before reaching said age then the whole amount shall be paid to
the survivor at said age of twenty-one years, and in case both of them should
die before reaching said age of twenty-one years without issue living at the
time of their death then it is my will that the whole amount be paid into my
estate upon the happening of such event. It is my meaning and intention that
the aforesaid legacies of money shall not be paid to my said grand-children
unless I should sell or alienate before my death the land hereinbefore devised to
them. Item: I give and devise to my daughters Laura Henry and Adeline
Daugherty in fee simple all that tract belonging to me being land formerly owned by my
father, it being all the land owned by men on the south or right hand side of
the road leading from Liberty Town to Poplar Town including the land now
occupied by Rily( Walston or Hatston) together with all adjoining and contiguous
lands belonging to me known as the Gunby land, Desire's Addition or however
named. Item: I give and devise to my wife Sally Mary, for her life in lieu of her
dower in my lands all that tract of land bought by me during the year
eighteen hundred and sixty nine from Isaac B. Purnell and Mary his wife, including
all the land owned by said Isaac in Newport Neck at the time of my purchasing
said land from him except the part of said land hereinafter devised to my
daughter Henrietta and after the death of my wife I give and devise in fee simple to
my son George Edward Henry, all the aforesaid land brought by me from Isaac
B. Purnell except said part hereinafter devised to my daughter Henrietta and in
case my wife shall not abide by my will but shall elect to take her dower in
lieu thereof it is my wish and intention that the rent and profits of the
lands hereinafter devise to her shall during her life be equally divided among all
my children except my son George. Item: I give and devise in fee simple to my
daughter Henrietta Mitchell that part of the aforesaid land purchased by me
from Isaac B. Purnell which lies on the South side of the road leading from
Newport Bridge to Hayes Landing. I likewise give and devise to my said daughter
Henrietta all that tract of marsh land purchased by me from Isaac B.
Purnell(previous?) to the year eighteen hundred and sixty-nine which lies west of Witch
Creek and between Witch Creek and Deep Landing. And it is my will and
intention that my executors hereinafter named shall pay all purchase money due at the
time of my death upon the land purchased by me from Isaac B. Purnell so that
same land shall go as herein devised clear of any encumbrances of purchase
money. Item: I give and bequeath to my daughter Laura, my piano. Item: I give and
bequeath to my daughter Adelia Dougherty my melodeon. Item: I give and
bequeath to my wife my household wares and kitchen furniture. And whereas it is my
desire that my daughter Mary Polk should receive and enjoy the sole use and
possession of all that tract of land known as Long Ridge which formerly belonged
to her mother and that my other children by my first wife should release their
interest in said land to her. Therefore is case my sons John W. Henry and
Zadock P. Henry, Jr. and my daughter Adeline Bird, Laura Henry and and Adelia
Doughtery and my grand-children Moses Johnson and Mary Johnson or any of them,
being co-heirs in said land, shall when ? requires, if of legal ages refuse or
unreasonably? neglect to convey in fee simple to my daughter Mary Polk all their
right title and interest in said tract called Long Ridge, including all the
land which descended from my first wife to her children then and in that case
it is my will and intention that such of my aforesaid children and
grandchildren being co-heirs in said land shall so refuse or neglect shall receive no
benefit from this my will and that all devises and bequeaths herein contained
shall so regard such of them as shall so refuse or neglect become void and of no
effect. And in case my grand-children Moses Johnson and Mary Johnson shall
receive or claim any part of the rents, profits or income occurring from the
aforesaid tract of land called Long Ridge during their minority then they shall
receive no benefit from this my will. Item: It is not my intention that any debt
due to me at the time of my death from any of my Executors, devises or
legatees shall be thereby released. Item: In case the assets in the hands of my
Executors and the real estate not herein devised shall not be sufficient to pay all
my just debts and legacies and charges upon my estate then it is my will and
desire that my Executors hereinafter named shall retain in their hands the
income and profits from all my lands except the land devised to my son Zadock and
to apply said income to pay off such debts and charges until they are fully
discharged. Item: It is my will that the residue of my estate not hereinbefore
devised or bequeathed shall be equally divided among my children after my
debts have been paid. And lastly I do hereby appoint my sons John W. Henry and
Zadock P. Henry, Jr. to be joint Executors of this my last Will and Testament,
who shall not receive more than two hundred dollars each for their commissions
as such Executors. In testimony whereof I do hereto set my hand and affix my
seal this seventeenth day of September in the year eighteen hundred and seventy.
ZADOCK P. HENRY Witness: Lemuel Showell R. Henry John W. Pttts

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