Jeremiah Banning (b. 1733 - d. 1798)
MSA SC 5496-001666
Slaveholder in Oxford, Talbot County, Maryland
Transcription of Jeremiah Banning's Will:
Words in italics signifiy poor legibility.
Page 309
I Jeremiah Banning of St Michaels Parish in Talbot County,
do make and constitute this and no other to be my last will and Testament
in manner and form following – First I desire that my body may be buried
by those of Mr Nicholas Goldsborough and my mother and that
a Tombstone be erected over each – Towards the inscription it maybe necessary
to say that the former died on the 14th of November 1756, in
the 52nd year of his age, and the latter on the 11th
of November 1767. myself was borne on the 25th March 1733. I
desire also that the burying place may be enclosed with stone, brick or
other endurable material, the doing of which, together with the erecting
of the Tombstones I enjoin my Executors to have completed without delay.
I give and devise unto my adopted son Robert Banning alias Gossage, son
of Mary Gossage, my now dwelling Plantation together with three others,
namely, the one purchased of a certain Vinton Barwood one other bought
of the late William Nicols the Plantation purchased of Henry Banning and
which he just before bought of Richard Hopkins the elder and Richard Hopkins
the younger. the two last adjoining the first and the three latter Plantations
being parts of a tract of land called Hopkins’s Point – all and every part
and parcel of the aforenamed Plantations, lands and premises I give unto
the aforesaid Robert and to the heirs of his body issuing forever with
the full and ample powers of making distribution thereof among such issue
by devise similar and conformable to these presents. In order to
avoid repetition I would have this last clause to be annexed to and so
construed in each and every devise and bequest hereinafter (with a reserve
of the Plantation bought of William Nicols to his mother the aforesaid
Mary during her life) In failing of issue as above in said Robert I then
give all the aforementioned Lands and premises to his brother Freeborn
Banning, alias Gossage son of the aforesaid Mary, and to the heirs of his
body issuing forever– Should he also die without leaving such issue, then
the above named Plantations, Lands,
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and premises I give unto his sister Clementina Banning, also Gossage,
daughter of Mary aforesaid, and to the heirs of her body issuing forever–
Should the aforenamed Robert, Freborn and Clementina die without leaving
issue as above then all and every part of the aforenamed Lands and Plantations
I give to be equally divided between the children of my brother Henry Banning,
and the daughter of my late brother Anthony Banning Mrs Catherine
Chew of Philadelphia, and to the heirs of their body issuing forever– I
further give by way of legacy unto my said son Robert for and during their
time of service, a negro boy called Hector and a Girl named Sidney, my
Horse and Carriage, Gold Watch, Silver tankard, Coffee Pot and Server of
silver, soup-spoon of the same, six best silver table spoons cream post
of silver, six silver tea spoons, one pair of Silver sugar tongs two of
my fowling pieces, the one half of my little Library and the folio volume
of Copper plates or universal Penman– I also upon conditions hereafter
explained, give unto the said Robert the whole of my Household & kitchen
furniture– All, or so much of the above legacies as may with propriety
be deemed heir looms I design as such and to descend with the premises.–
I have in general been lead to conclude, that the age of twenty one years
is too early a perioud for youth to be in trusted with the management of
their Estates– my will therefore is, that my aforesaid son Robert be not
put into the possession of his before the first day of January, Seventeen
hundred and ninety eight or time of Marriage, he having first complied
with the conditions herein after required and never to marry contrary to
the approbation of my Executors or Trustees. I give and desire unto my
adopted son Freborn Banning, alias Gossage, son of the aforesaid Mary the
five following plantations, tenements or farms. Vidilecit the one purchased
of a certain George Gleave, together with a parcel of land adjoining the
same bought of James Braddock and Joseph Harrington, & which plantation
and lands are situate and near the parish Church of St. Michaels, and which
have been known by the names of Chance, Taylors & James’s Discovery
and Paisly Neck– The Plantation purchased of Daniel Barlett, and the one
adjoining, of Richard Trippe, and whereon Moses Hopkins at present dweleth,
both the last named Plantations being parts of a tract of land called Hambiltons
Neck.–
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One other plantation bought of James Lenard, together with a parcel
of Land within and adjoining the same purchases of Jonathan Rigby, and
The Plantation bought of late Robert Newcome contiguous to the former Plantations
and lands, being parts of a tract of a tract called the William and James
& Partnership– All and every part and parcel of the above named Plantations
lands and tenements, and by whatsoever other name or names the same have
been known called or distinguished by, I give unto the said Freborn and
to the heirs of his body issuing forever– Failing therein then to his brother
the aforesaid Robert and to the heirs of his body issuing forever– should
he also fail therein then to his sister the aforenamed Clementina and to
the heirs of her body issuing forever– But should it so happen, that the
said Freborn, Robert and Clementina die without leaving heirs of their
body issuing, then every part and parcel of the aforesaid Plantations,
Lands and tenements I give in like manner as the first divise of lands
herein, the children of my two aforenamed brothers, and to the heirs of
their body issuing forever– Should my son Freborn aforesaid inherit of
possess the lands herein divised to his brother Robert, and in the consequence
of this my will, then all that part of Hambiltons Neck belonging to me
and bought of Daniel Bartlett and Richard Trippe I give unto his sister
the aforenamed Clementina & to the heirs of her body issuing forever,
but in default thereof again to revert to her brother the said Freborn
as if this clause had never existed. I also give by way of legacy to the
aforenamed Freborn One hundred and fifty pounds towards building him a
dwelling House, and which sum I request my Executors or trustees to have
employed in that way, unless I should have the same don, and provided also,
that I leave so much either in money, debts or that may be raised by the
sale of a crop then in hand, and that may be remaining after debts or more
urgent claims are paid and discharged, and not otherwise. I also desire
my Executors or trustees to apply the profits of Freborns estate, or at
least so much thereof as can be spared, to the same purposes. –
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In like manner I give unto the aforenamed Freborn the time of service
of a negro boy called Will and that of a girl named Esther the one half
of my little Library– And in lieu of his share of my Household and Kitchen
furniture I give him two hundred Dollars, and which I likewise intreat
my Executors or trustees to assist him in the disposal thereof in that
manner. But this Legacy like all other money legacies herein, to depend
on the same contingencies as the first and tho’ my present circumstances
may well warrant all such , yet a reverse of fortune or some unforeseen
occurrence may arise so as to render them improper– And I have too often
seen the evil of saddling Young people with debts should it be found inconvenient
or inconsistent with the above reasons for the payment of these two hundred
Dollars, then wherein it may fall short, to be made up by such furniture,
and in equal dividend to be made of all such money legacies first given
preference to the more distant. I do not mean by the foregoing dispositions,
that my son Robert is to have less than one third of my household and kitchen
furniture, exclusive of that left him as a legacy. –
My will is, that the said Freborn shall not be permitted during his
minority to idle or loiter away his time, but to be duly & constantly
employed at sea, and here after which he will not act the part of a simpleton
(as is too frequently the case) after encountering the rougher and most
disagreeable part of the business quit it, and shamefully thereafter lounge
out the remainder of their days in want and misery– If any necessary part
of Freborns education should want completing, I direct the same to be done.–
For the like reasons assigned the postponing the delivery of my son Roberts
estate, I order that the aforesaid Freborns be not put into his possession
before the first day of January, seventeen hundred and ninety nine, he
first complying with the requisitions herein, and not to Marry contrary
to the approbations of my Executors or trustees. I give and devise unto
my adopted Daughter Clementina Banning, alias Gossage, daughter of the
aforenamed Mary, the Plantation purchased of the late Thomas Goldsborough
Esquire called Barmiston and Cox’s Chance, also the Lot of Ground and improvements
thereon in
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Easton, purchased of the late Sarah Bartlett, and which Plantation
with the lot of ground and the improvements thereon, I give unto the Clementina
and to the heirs of her body issuing forever– Failing of such issue, then
the Lot of ground with the improvements thereon in Easton I give unto her
brother, the aforesaid Robert and to the heirs of his body issuing forever–
in default thereof then to his brother the aforenamed Freborn, together
with the Plantation bought of Thomas Goldsborough, to him and the heirs
of his body issuing forever. In order to render the contingencies in the
devise to my daughter Clementina more explicit, my meaning is, that should
she die without leaving heirs of her body issuing that the lot of ground
in Easton descend to her brother Robert, and the Plantation purchased of
Thomas Goldsborough to her brother Freborn, and so in reversion as above.–
But should the aforesaid Clementina, Robert and Freborn die without leaving
heirs of their bodies issuing, then all and singular the aforenamed Plantation,
Lot and improvements thereon I give to be equally divided between the children
of my brothers Henry and Anthony Banning and to the heirs of their bodies
issuing forever – As I find that I have not in the above, provided for
the reversion of the Plantation and Lands bought of Thomas Goldsborough
in case it should descend to the aforesaid Freborn in consequence of the
death of his sister Clementina without having heirs of her body issuing–
My will therefore is, that the aforenamed plantation and Lands descend
to his brother Robert above named, and to the heirs of his body issuing
for ever– I further give by way of legacy to the said Clementina one hundred
and fifty pounds, and for the same use and purposes as the like sum bequeathed
to her brother Freborn, and subject (as I design all other money legacies
herein) to the like provisos and conditions.– I also in lieu of her share
of my household & kitchen furniture give unto the said Clementina two
hundred dollars, and to be applied in like manner and under each and every
regulation provided for in the case of her brother Freborn aforesaid my
will is that no part of the above property, or anything herein devised
given or bequeathed unto the said Clementina, further
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than a maintenance be delivered to, or put into her possession before
the first day of January in the year of Eighteen hundred, or time of marriage,
& even not then, or any time, unless she the said Clementina in the
opinion of my executors or trustees, or a majority of either of them, conducts
and behaves herself with that propriety, prudence and discretion so becoming
in the virtuous part of the Sex, and not to marry contrary to the consent
and approbation of my executors or trustees– In derogating from either
of the above requisitions, or in not complying with every other herein
stipulated, I do hereby revoke and disannul every part and clause hereby
made in favor of the said Clementina, and that the same pass in reversion
as in ease of her death– I do not mean by any future clause to alter the
construction of the above, and that in this instance the opinion only of
my executors or trustees, as I observed before shall be sufficient to determine–
I request my Executors will so dispose of the aforesaid Clementina, that
she may be brought up in a pious, virtuous, and industrious manner. I do
no mean, neither would I have it to be so construed, that I intend in any
of the foregoing devises to bar courticies to husbands or dower to wives
according to the law of the land.– From the present law and opinions, intails
seem of little avail, and believe that the most competent judges are opposed
to the idea of perpetuity of land in the hands of particular persons– It
might therefore have the appearance of singularity to risk an opinion to
the contrary—but when we reflect on the various snares & allurements,
that are strewed in the paths of unwary youth with a vice to inveigle them
out of their property, gives me I must confess the strongest reason to
doubt the justice of the policy and the law, and have ever held, that whatever
is morally wrong could never be reconciled by political reasonings– And
surely every violence and infringement of the plain and express words of
a last Will and Testament deserves that epithet, and besides, it is a direct
violation of our boasted liberty of disposing of our property in the manner
most agreeable to our selves. However as I find myself rambling into matters
of mere speculation, shall only observe, that what I have here done by
way of intail, may
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perchance hereafter secure a home for some yet unborn relative. And
as the chief of my property was acquired by a long and perilous Sea service,
it is but natural to suppose that my feelings revolt at the idea of the
same hereafter being idlely and foolishly squandered away. And altho’ as
I observed before, that the law may countenance the alienation of the estates
tail– ye the simple and unhappy victim is ever after treated with scorn
and contempt – shunned by their acquaintance – deserted by their friends
–abandoned by all –left at last to drag out a miserable life – loaded with
remorse and full (tho’ too late) of repentance. I could wish to impress
these horrors to powerfully on young minds, that they might never be forgot
–at least I have done my part by showing the rocks, and it remains with
them only to avoid the danger. After legacies and other claims are paid,
the remainder of my personal property I leave (the use of it only) to be
equally devided between my three aforesaid adopted children, namely Robert
Freborn and Clementina Banning alias Gossage, sons and daughter of the
aforenamed Mary Gossage, for and during their lives, and the lives of the
heirs of their body issuing should either of them die destitute of such,
then their part and that may be remaining to be equally divided between
the survivors, or the whole to the survivor and the heirs of their body
issuing – And in the same light are those legacies to be considered herein
bequeathed to the said children, except such as are deemed heir Looms–
should the said Robert, Freborn and Clementina die without leaving heirs
of their body issuing, then in like manner as my real estate similarly
circumstanced, I give all such personal property to be equally divided
between the children of my brothers Henry and Anthony Banning. since the
late contest with Great-Britain our mother County for liberty, I believe
it hath lead most americans seriously to reflect on the impropriety of
our conduct in holding others at the same time in the most abject bondage
that we were clamouring for liberty – I mean the negroes and hope the period
not far remote before first in part then totally slavery will be abolished,
and that these unfortunate and much injured people may be redressed– And
as those of mine have been brought up under my own eye, and may say daily
fed by my own hand and to which I may also add with regret that I
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bought most of them or their ancestors from Africa their native country,
the justice of which traffick at that time seemed not in the least to have
been considered–with this further inducement also to claim my commiseration
and protection, that they have generally behaved with great honesty and
faithfulness so as to interest my gratitude and friendship in their favor
– And do most sincerely filicitate my Country on the legislature repealing
that most absurd and arbitrary Law prohibiting the disposal of our property
as we see please, I allude to that of giving freedom to negroes by last
Will and Testament – And it now only remains for a more enlightened period
to follow the laudable example of our northern fellow citizens to complete
the work and to erase from the inspection of future generations these horred
laws for shooting of negroes and cutting off their ears, and for offences
too, that would not now risque the life of a cat. But notwithstanding the
savage and barbarous disposition which marked the darkened age giving birth
to them, I must now in justice to my countrymen and with infinite pleasure
to myself freely and with truth declare, that the humane and benevolent
treatment of that class of people for some years past, stand first among
our great reforms and improvements – With these sentiments (and which sentiments
no man would dared to have published forty years ago) it would seem strange
and inconsistent not in some degree to alleviate the situation of those
negroes which chance or fortune hath placed in my power. My will therefore
is, that at the time of my death, Ishennic, Esther, and on the first day
of January thereafter, Lenegal, Lucy Scipio and Hannah be manumit, free
and at their liberty, and that the two former be permitted to dwell in
what is called the spinning house during their lives, and that a small
piece of ground be provided and inclosed for them with the use of a milch
cow, together with a few of necessarys as my Executors may think proper,
and that they also be supplied with firewood, and when to able to support
themselves, that it be done, together with the above, at the expence of
my son
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Robert's estate, and who I enjoin never to permit them to want. To
Senegal and his wife Lucy during their lives I give the house wherein they
now dwell, with two acres of cleared land within that field on the East
side of my Plantation, a cow & pasturing for the same, and liberty
of getting old and down wood for fireing– To Scipio during his life, I
give the house wherein he now lives the enclosed ground about it, containing
one or two acres, and adjoining Senegals on the east, a cow and pasturing
for the same with liberty likewise of getting old down wood from off the
land called Barwoods for fireing– But the continuence of the above favours
to Senegal, Lucy and Scipio, in regard to residence intirely to depend
on their future behavior, and the supporting a good character –Nor shall
they sell rent or in any manner dispose of the same, or any part thereof
contrary to the will of the proprietor of the surrounding premises– And
my will further is that each and every of my other negroes shall in like
manner be manumit, free and at their liberty on the first day of January
in the following years, to wit Phillis, Frank and Bob in 1799. Alice Sal
and Mable, in 1802. Othello and Bet, in 1804. Passa, Hagar and Flora in
1806. Hector, Narmy and Sidny in 1813. Darky Jacob and Ennals in 1817.
Rebecca, Rachel, Kate and Jesse in 1820. Should I have omitted in the foregoing
manumissions giving freedom to any particular negro, it is my will, that
all such shall be so, according to the above regulations– My will also
is , that all hereafter to be borne of any of my negroes their issue or
offspring during their servitude shall in like manner be manumit, free
and at their liberty on the first day of January after they shall respectively
arrive to the age of twenty-five years. It is very possible some little
hardships may arise in the aforesaid arrangements but that risk I found
unavoidable conformable to the mode fix on– As to my favourite boy Jaba
(and who by this it maybe supposed will think himself forgot) who never
that I know of told me a falseity or betrayed a confidence, and from his
pleasing spirited and chearful disposition greatly leads me to provide
for his future welfare and happiness. I do therefore direct, that he be
apprenticed to a House
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carpenter and Joiner, and such a one as may follow that business only,
and for a term, my executors may jude sufficient, and to covenant with
his master, that he shall not during his apprenticeship be employed in
any other occupation except that of his trade. And rather than to fail
in his being so apprenticed, I order that he be provided with clothing
at the expence of my Estate– and that the said Juda be free and at his
liberty on the first day of January in the year Eighteen hundred and fives,
and at which time I desire my Executors or trustees will provide him with
tools suitable to the profession to the amount of twenty dollars worth
– this money legacy to be under the same restrictions as the former, with
this difference only of it being last complyed with– I also direct, that
my little boy Anthony when arriv’d to a proper age, be in like manner apprenticed,
and for a term not less than six years, and on the same conditions and
provisos stipulated for his brother Juba in each and every particular,
and that he be manumit and free on the first day of January , in the year
of Eighteen hundred and eighteen– I entreat my Executors and trustees not
to neglect the above requests should either of my adopted children or their
representatives at any time hereafter be disposed to manumit any of the
aforesaid negroes, their issue or offspring at an earlier period than is
herein provided for, nothing is to be construed as to forbid so laudable
a design– Or should any inheriting hereunder be inclined to have any of
the aforesaid negroes, their issue or descendents properly and thoroughly
educated–The males in the trade of House Carpenter and joiner, ship-carpenter,
brick maker and layer, Black smith, the whole process of leather dressing,
Taylor and shoe-maker, and provided as above that they are made perfect
in any or either of the aforenamed trades, shall be obliged to serve three
years longer than aforelimitted. The females, if well instructed in the
trade or business of Weaving Tayloring or Shoe making shall serve tow years
longer. I do not mean to include Juba and Anthony in the extra Service–In
order the more effectually to prevent and Guard against every Species of
abuse or ill treatment of my negroes or their descendents forever hereafter.
It is my will,
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And I do keenly empower and authorize my Executors and trustees after
being well assured of the truth thereof to take from any such master, mistress
or other person every negro so misused or ill treated and to dispose of
them in, a manner as they in their judgments may think most conformable
to the tenor hereof,–I order, that the proprietor of each and every negro
herein contemplated shall at some one time, and when thereunto requested
by any particular one, furnish an extract hereof so far forth as may concern
my negroes and their issue in general together with a certificate of their
birth of any hereafter to be borne, and which certificate shall if required
be verified on Oath to the best of their knowledge. } Jere. Banning L.S.
I also direct, that the last proprietor of each and every negro do and shall comply with any requisition the law may require, such as indemnifying the County that they shall not hereafter become a charge thereon. So much do I feel myself interested in the future welfare and happiness of my negroes, their issue and offspring forever hereafter in having every part and clause herein relative to them strictly and literally fulfilled and complyed with, that should any claiming hereunder attempt to evade or counteract my will, not only in respect to my negroes and their descendents, but in all things relative thereto, I do absolutely hereby revoke and disannul every part and clause herein made in favor of such, and that all property by them possessed in consequence hereof pass in reversion as if they had died. I desire that my Executors will become Guardians to my children nothing doubting but they will do by them as they in turn may hope and expect others on a like occasion to do by theirs; but should they contrary to my wishes decline the same, it is my desire that none be appointed but by their approbation– It is my express will, that no part of my property either real or personal especially that which is hereby declared to be hereditary shall at any time forever hereafter be delivered to the party claiming the same before they enter into bond with my executors or trustees herein provided for as constituted, and in such sum as they may jude adequate– Conditioned that they will on demand of my Executors or trustees or a majority of them redeliver the whole thereof to them or their order as may then be in existance and not destroyed or consumed by time or casualty should he or her in the opinion of those herein
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constituted to determine not conduct and behave themselves with that
prudence, prosperity and discretion, so as to promise by their economy
and good management to make a proper use of it, and not to squander away
and dissipate the same, and that they will in all things herein required,
and as expounded and explained by those hereafter nominated and appointed
for that purpose. On a breach, now comply once or non conformity in the
above, I do hereby empower and authorize my Executors or trustees, or a
majority of them to devest the party delinquent of all such property both
real and personal, and after reimbursing themselves for their expence and
trouble to dispose of the remainder as it would have descended had the
party delinquent have died.–
I do also empower and authorize my executors and trustees to add any
further words or clause to the above condition, that they may judge necessary
or expedient the better and more effectually to answer the plain drift
intent and meaning herein designed.– by way of further explaining myself
on the foregoing, my meaning is, that I intend hereby to deligate to my
executors and trustees, every power & authority in the resuming and
disposal of my property in the line herein directed in every respect
as myself had I been living and loaned the same resumable at pleasure –
provided nevertheless, that those who do or ought to have given bond as
aforesaid, in case of a scrutiny of their conduct good behaviour and management
as before rezited taking place, shall have the power and previlege
of chosing the like number of respectable, senseable and disinterested
men as they may be of my Executors, or trustees to join with them in way
such scrutiny and duly examining, weighing and considering each and every
aligation circumstance and appearance relative thereto, may will is that
no judgement conclusion or decision of theirs shall operate against, or
effect the party, unless such judgement determination or conclusion be
unanimous.– ‘Tis also my Will, that this enquiry or Scrutiny be made at
any time and as often as my Executors, or trustees, or a majority of them
may think requisite.– }Jere: Banning L.S.
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I desire that my Executors and trustees will during all minorities
put the minors lands to rent (especially if such is like to prove long)
into the hands of responsible tenants, and that they be at all times restricted
in the use of timber and firewood, & limitted in the clearing and cultivation
of the lands, and also to be covenanted with for the manuring and keeping
up with repairs.– I give unto my much esteemed brother Henry Banning One
hundred dollars, (but to depend on the same provisos as the foregoing money
legacies) and do constitute and appoint him one of my Executors to this
my last Will and Testament, and from the sincere friendship that hath always
subsisted between us together with his laudable love of Justice and equity,
I rest perficly assured that he will faithfully discharge the trust herein
reposed. I give unto my worthy brother Andrew Banning an annuiety of ten
pounds during his life. Five of which to be paid by my son Robert’s estate,
three by Freborns & two by Clementinas. I give unto my nephew
Jeremiah Banning twenty dollars as a Testimony of Approbation.– I hope
my neices Mrs Ann Drury And Mrs Jane Parratt
will accept of my former gratuities as a mark of my affection. I give unto
my much beloved neice Mrs Catharine Chew of Philadelphia a gold
enamel’d mourning ring, and tho’ such memento’s have in the revolution
of customs like many other things, pretty well grown out of fashion, yet
I flatter myself she will accept of it merely for my sake.–
To Mrs Araminta Banning my brothers wife, as a tribute due
her unfeigned piety and goodness I give a suite of mourning. I give unto
Mr John Kersey, who married my brother Henrys daughter, and
whose probity and integrity I have always held in the highest estimation,
the largest of my fowling pieces distinguished by the name of St. Mathew,
or Monts. Meag – Ithe rather present him with this token of my regard
because I remember to have heard him express a desire for her, and do appoint
him one of my executors, having obtained his leave for that purpose.– I
give unto Benjamin Chew Esquire of Philadelphia and who married the daughter
of my
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late brother Anthony (and whose affection and kindness to my much beloved
niece gives me the greatest pleasure, and are I hope happy presages of
their future felicity my Mahogany flint bottled spirit case, and do appoint
him one other of my executors and as he hath intimated his consent thereto
hope his assistance will not be withheld as his legal knowledge maybe of
use joined with my other friends.– I do constitute and appoint my aforesaid
adopted son Robert Banning one of my executors, but not to be exempt from
complying with all and every requisition herein stipulated or is he to
preside or act in any thing or matter inconsistent with the spirit hereof
I mean in points where those present may vary the common duty of executors.
I give unto Mary Gossage before named for and during her life the plantation
bought of the late William Nicols, but on express condition, that she doth
not suffer any further part of the said land to be cleared, and not to
be cultivated contrary to the opinion of my Executors or trustees, or to
commit any waste, sale or improper use to be made of the timber or fire
wood. I also leave her for the lifetime the use of a negro Girl and to
be replaced occasionally as my Executors or trustees may think proper,
& so as not to interfere with their freedom.–
Jere. Banning L.S.
I further for her life time leave her the use of thirty pounds worth of my personal property according to appraisement or other Valuation, and in such articles as my Executors or trustees may judge most suitable for her purpose, and that part of the amount may be made up out of my household furniture, notwithstanding my conditional bequest thereof –The whole of which personal property at her death or at least so much thereof as may be remaining unconsumed by time or casualty to revert again to my estate and for the performance of which bond is to be given. But in this as in all other instance of the kind herein mentioned, security is not to be required– Or do I mean to prohibit the free use thereof but merely that of selling or otherwise squandering the principal.– Should buildings or repairs of necessity be wanting on the aforesaid Farm
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In the opinion of my Executors or trustees, the expence thereof to
be defrayed by my son Roberts estate – On the whole it is to be hoped her
children will never be so far lost to every sense of filial duty as to
permit their mother to be distressed. After examining and maturely considering
the estate of my foregoing will, and every part and clause thereof, and
being perfectly content and satisfied therewith – but for the better assurance
of the several devises, bequests and gifts & every other disposition
therein being fully and literally accomplished and fulfilled, and for the
answering my utmost wishes and desire in future– I do therefore absolutely
give devise and bequeath the whole of my property, real as well as personal
unto my first three named Executors, and after them to my trustees hereafter
directed to be elected & chosen in Trust and for the express end and
purposes herein before directed, with full and ample powers and authority
at any time and at all times forever hereafter of usuming or taking into
their possession any part or the whole of any property hereby devised,
given and bequeathed from those who do not act. perform and conduct themselves
conformable to the terms and conditions herein prescribed and their delinquency
being first established and determined on as before directed, and to dispose
of and distributed the same in the line of descent as heretofore provided
for on the death of either of my three first named executors, or declining
to act as such, I do authorize my aforesaid adopted children and their
representatives in virtue hereof forever thereafter to chose in their room
an honest and senseable man, neither interested in, or related to the parties
concerned, to fill up such vacancy – and also on the decease or resignation
of any so chosen, a new election shall be made, so that the number Three
shall forever be kept up– And all, so elected or chosen I do denominate
Trustees and invest them (so far forth as in my power) with all the authority
incident and appertaining to an executor–with this difference, that a trustee
may be changed whenever a majority claiming hereunder may be so disposed–
And all, so claiming and not disabled by any legal impediment shall neglect
to comply herewith in regard to chosing electing and perpetuating trustees
as aforesaid are removed, or other default not in them– my will is that
may forfeit and loose every benefit deriving herefrom, and that all such
property descend as in case of their death. – Many things in these
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last clauses should be deemed inconsistent and absolutely incompatible
with the claus, or that cannot possibly be complied with or that may be
a means of defeating my former dispositions and arrangements– Should either
of these objections certainly arise (I mean in particularly in the devise
of all my property in trust to my executors & trustees I do hereby
revoke and disannul all such parts and clauses–} Jere: Banning L.S.
If any necessary be omitted herein, or if any thing appears doubtful or contradictory, as possible may be the case from it’s being wrote more in a hurry than I would have wished–should any such omissions or imperfections appear, I desire that my executors or trustees will call to their assistance (if during the minority of the party or parties concerned otherwise by them) three or more respectable and judicious men, neither interested in or related to the parties or party concerned to assist in judging of and determining the same, by considering them and compairing them with what I have more explicitly written, & that a majority of their opinions or construction on such doubtful or dubious passages, given from under their hand and seals and recorded in the records appointed for Testamentery affairs in this County and if not permitted to be there recorded a copy thereof authenticated as aforesaid and delivered to the parties concerned shall be equally binding and conclusive as if I had written the same – And should any claiming hereunder litigate, or attempt to frustrate the full Execution of this my last Will and Testament in all it’s parts (the doubtful or dubious passage to be explained as above directed) then every devise, bequest and fits, and all advantages and benefits flowing or arising herefrom to such I do absolutely declare to be null and void as to them, but the same shall descend to their issue as aforesaid or next representative conformable hereto–
In Witness where of I Jeremiah Banning conformable hereto– my last Will
and Testament and contained on five sheets of paper all written with my
own hand and to which I have put my name and affixed my seal to each sheet
this fifteenth day of April in the year of our Lord One Thousand seven
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Hundred and ninety––
Jere: Banning L.S.
Signed, Sealed, Published and declared by the above Testator Jeremiah
of us, who at his request and in his presence and in the presence of Thomas
Keys, William Mathews, James Esgate, Thomas Esgate, A Codicil to be added
to and be part of the last Will and Testament of Jeremiah Banning. Whereas
since the making and publishing my said last Will and Testament, bearing
date on or about the 15 date of April Anno Domini 1795 I have purchased
two plantations or Farms, to wit, the one of Doctor Charles Frazier of
Queen Anns County situate, lying and being in Caroline County the other
of Samuel Turbult Wright, being part of a tract of land called Wright’s–
Hope, lying in Queen Anns County, both and every of which Plantations and
the lands and premises hereunto belonging I do hereby give and devise unto
my aforenamed adopted son Freborn Banning, alias Gossage son of Mary Gossage
heretofore named, and to the heirs of his body issuing forever in the failure
thereof then to his brother the beforementioned Robert Banning and to the
heirs of his body issuing forever – in default therein to his Sister Clementina
Hopkins and to the heirs of her body issuing forever. Should the aforenamed
Freborn, Robert and Clementina die without leaving issue as aforesaid,
then the Plantations and Lands above mentioned I give to the children of
my brother Henry Banning and to the daughter of my Deceased brother Anthony
Banning Mrs Catherine Chew of Philadelphia, to be equally divided
between them and to the heirs of their body issuing forever. In consequence
of my giving the two aforesaid Plantations to my son Freborn I do hereby
give and devise unto his above mentioned brother Robert Banning the two
following Plantations, namely the one purchased of James Lenard, and the
other of Robert Newcome together with the Lands adjoining bought of Jonathan
Rigby, to him and the heirs of his body issuing forever, in default of
such issue, then again to revert to his aforesaid brother Freborn in like
manner as if a contrary devise had never taken place. Instead of giving
as I once intended to Clementina Hopkins an equal share with her brothers
of my personal property – but I now only leave
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her the use of the following articles. Videlicit, Six negroes namely
Phillis, Jenny, Dick, Rachel, Patty and Jacob, during their time of servitude
as provided for in my foregoing Will, in like manner I give the said Clementina
two Horses–her brothers first choosing one each so in rotation– ten head
of cattle, ten of sheep and ten head of hogs, these to be sorted, that
is, a proportionate number of each Quantity– But if from loss or otherways
the above numbers should exceed the third, then to be limited to such third.
I also give her the one third, then to be limited to such third. I also
give her the one third of any beds and bed furniture these to be chosen
by the mode prescribed for the choice of the second article – the above
mentioned chattels to the said Clementina I design and intend to be in
full of all her part of my personal property, and those to be held under
the same tenor, stipulations ad conditions in each and every particular
as is provided for and directed by the second clause in the eighth page
of my aforesaid Will– and I do hereby revoke and disannul every part thereof
relative to legacies and personal property bequeathed to the said Clementina–
so far as relates to chattels only, but not those comprehending real or
reversionaries of any denomination– And I do also revoke and declare void
all particular legacies, either in money, plate, household furniture, or
in any other personal property bequeathed to my aforesaid adopted dons
Robert and Freborn or either of them, but that all the residue of my undevised
personal property (after my Debts and all legal claims are paid) be equally
divided between the two aforesaid brothers Robert & Freborn. Nor do
I intend any clause or expression herein to interfere with or abridge the
liberty & emancipation of my negroes as provided for by my last Will
and Testament.– And as I have sufficiently Guarded against any hereafter
ill treatment of them, so on the contrary I must caution them and Guard
against their future conduct and ill behaviour. therefore if any of my
negroes or their offspring should run away so as to depart the State, or
whose characters should prove uniformly bad, in that case I do revoke every
benefit flowing herefrom to such, but not in respect to their issue.– As
to the enclosing of the burying place as directed by my Will, I think it
but of little importance and refere that business to the succeeding Tenant
– I mean and intend
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All the devises and and bequests herein to be subject to the same conditions,
provisos and superintending control of my executors and trustees in each
and every particular as is heretofore provided for and directed. And which
trust and confidence reposed (in) in my Executors and trustees, I hope
will be strictly and literally complied with.– The fowling piece given
to my friend W. John Kersey I have since disposed of, therefore in the
room thereof I request his acceptance of my silver can. Whereas at the
time of executing my said last Will and Testament, and to which this is
a Codicil to be annexed, suffering under a violent fever, and which so
Disordered my nerves as to render me incapable of writing my name in the
usual legible manner, but notwithstanding which I do hereby acknowledge
the signature to be mine, and do ratify and confirm any said last Will
and Testament in all it’s parts, not herby altered or varied, and do declare
this to be a Codicil, and to be taken as part thereof.– In Witness whereof
I have hereunto set my hand and Seal this twenty first day of August in
the year of our Lord One thousand seven hundred and ninety Seven.–
Jere: Banning L.S.
Signed, Sealed, and published by the above named Jeremiah Banning as
a Codicil, and to be taken as part of his last Will and Testament in the
presence of us who subscribed our names as Witnesses in the presence and
at the request of the said Testator.–
Charles Lecompte, Thomas Troth, Bn Linthicum.–
Be it known by those present that I Jeremiah Banning of Talbot County
have made and declared my last Will and Testament in writing bearing date
on or about the 15th day of April 1795, with a Codicil thereto annexed
dated on or about the 25th, August 1797. I the said Jeremiah Banning by
this second Codicil do ratify & confirm my said last Will and Testament
with the codicil thereto adjoined.– And whereas those to whom I have bequeathed
the principal part of my property have now arrived to an age as to be capable
of the management thereof consequently no legal appraisement will be necessary,
and therefore direct that my brother Henry Banning together with such other
of my Executors as may think proper to attend make appraisement and distribution
and take receipts for the same from the several claimants in order to compel
a respon-
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sibility hereafter should they fall under certain forfeiting clauses
provided for by my said Will– And whereas I have given my aforesaid brother
one hundred dollars designed as a compensation for his trouble and attention
in the management assigned him, and which legacy was conditioned, to wit,
if I should leave so much money after debts and burial expenses were paid,
and as it is probably he may loose much of his time in adjusting my business,
I add further funds for the payment, namely book debts and specialties–
and it is also my express injunction, that my two sons Robert and Freborn
conform and conduct themselves according to the direction of my said brother
and other executors, that may think proper to advise (and) and if either
of my aforenamed adopted sons should obstinately persevere in acting or
doing contrary to such advice and instruction, I do hereby revoke &
disannul all benefits ariseing to such under my Will– And as it is perhaps
the last solemn request I shall ever make to my executors, I trust they
will rigidly and strictly comply therewith. I do hereby further appoint
my friend Mr James Earle Denny one other of my executors, and
tho’ there be opinions that such cannot be constituted by a Codicil, still
better authority, practice and reason declare to the contrary.– I devise
that the balance due James Pamphilion from my son Robert for his Lots and
Houses in Oxford may be paid by my Estate, and with the particular specialties
sorted out and pinned in my day book for that purpose which together with
the present rent £20, will and discharge the Debt. the Lot and House
lately purchased by me of Sarah Wilkinson I devise unto my said adopted
son Robert Banning, and in the same manner and under the like conditions
and contingences as the lands adjoining the same, with a reserve of the
said Lot & House to my boys Juba and Anthony during their lives, with
liberty of down wood for fire, so long as they or either of them may reside
on it, but shall not be permitted to let it to another without permission
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of the reversionary. I direct that my said son Robert pay the balance
due for the said lot and house after the same is conveyed I desire and
enjoin my two sons always to be attentive aiding and assisting to Mrs
Peacock, and that each of them in the rotation annually on or before the
20th of November deliver her at the most convenient landing to their woodlands
ten cord of good oak fire wood, and on the third year of the proprietor
of my land called Cox’s chance shall deliver her the like quantity at a
landing on Isleland creek – since making my will I have with concern observed
some unfavorable symptoms in the conduct of three of my negroes, namely
Sall, Passey and Hector which make it necessary to use some precaution
before they are let loose on the public. I do therefore direct that the
said Sall shall not be free at the time limitted in my Will or until my
brother or other executors may think her reformed. As to Passey & Hector
I order that each of them serve two years longer than prescribed in my
will, any time after which if my executors be of opinion their conduct
merits the favor they are to be at their liberty.– In Witness whereof I
have hereunto set my hand & Seal this seventeenth day of September
in the year 1798.–
Jere. Banning L.S.
Signed, Sealed published and declared by the above named Jeremiah Banning
as a second Codicil & to be taken as part of his last Will and Testament
in the presence of us, who subscribed our names as Witnesses in the presence
and at the request of the said Testator.– Joseph Haskins, Nathaniel Potter,
Thomas Goldsborough.–
Talbot County Sc.t
22nd of January 1799} Then came Henry Banning Robert Banning,
alias Robert Gossage, John Kersey, and James Earle Denny, four of the Exors:
named in the annexed Will, and severally made Oath on the holy evangels
of almighty God, that the annexed instrument of wiring together with the
two Codicils thereto annexed is the true, and whole Will and Testament
of Colo Jeremiah Banning late of the County aforesaid deceased,
that have come to their hands or Possession, and
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that they do not know of any other.– Certified Per
James Price Regr of Wills for Talbot County
Talbot County Sct.
22nd day of January 1799.} Then came James Esgate, Thomas
Esgate, Thomas Keys and William Matthews, the four Subscribing Witnesses
to the annexed last Will and Testament of Colo Jeremiah Banning
late of the County aforesaid Deceased, and severally made on the holy evangels
of almighty God, that they did see the Testator therein named sign and
seal this Will, and that they heard him publish, pronounce and 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, in the presence, and at the request of
the Testator, and in the presence of each other.– Certified by James Price
Regr of Wills for Talbot County.
Talbot County Sct.
22nd of January 1799} Then came Doctr. Nathaniel Potter,
Thomas Goldsborough and Joseph Haskins, the three Subscribing Witnesses
to the second Codicil annexed to the last Will and Testament of Colo
Jeremiah Banning, late of the County aforesaid deceased, (and) and severally
made Oath on the holy evangels of almighty God, that they did see the Testator
herein named sign & seal the said Codicil, and that they heard him
publish, pronounce and declare the same to be a Second Codicil to, and
part and parcel of his said 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 the said Codicil, in the presence, and at the
request of the Testator, and in the presence of each other. Certified Per
James Price Regr Of Wills for Talbot County.
Talbot County Sct.
16th day of April 1799} Then came Charles Lecompte, one
of the subscribing Witnesses to the first Codicil, annexed to the last
Will and Testament of Colo Jeremiah Banning late of the County
assd. deceased, and made Oath on the holy evangels of almighty God, that
he did see the Testator therein named sign and seal the same Codicil, and
that he heard him publish pronounce and declare the same to be a Codicil
to and part & parcel of his said last Will and Testament; that at the
time of his sodoing, he was,
Page 331
to the best of his apprehension, of sound and disposing mind, memory,
and understanding; and that he, together with Thomas Troth and Benjamin
Linthicum, the other subscribing Witnesses, respectively Subscribed their
names as Witnesses to the said first Codicil, in the presence, and at the
request of the Testator, and in the presence of each other– Certified Per
James Price Regr of Wills for Talbot County.–
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