Mrs. Juliana Paca (b. 1783 - d. 1861)
MSA SC 5496-29983
Property Owner, Queen Anne's County, Maryland
Transcription of Will:
In the name of God Amen, I, Juliana Paca of Queen Ann's county, in the State of Maryland, being in tolerable health, and of sound and disposing mind, memory & understanding, do make and publish this my last Will and Testament in manner, following:
I give and devise unto my son William B. Paca the estate in Queen Ann's county, called Wye Island, for and during the time of his natural life and no longer, with a power to nominate by his Will, one or more of his children to enjoy the inheritance of the said Estate. From and after the death of my said son, I give and devise the said estate called Wye Island to his brother Edward T. Paca and his heirs, In trust, Nevertheless to convey the same immediately after the decease of the said William B. Paca, in fee simple, to his appointee or appointees under his Will; and in default of such appointment In Trust within twelve months after his death to convey the estate to all his children in fee to be held by them as tenants in common and not as point tenants. In the event of the said William B. Paca leaving a surviving wife, it is my desire she should have one third of the said Wye Island, for and during her natural life, unless by an arrangement between her and her husband she should consent to take less of the said estate.
All the personal estate on the said Island, at the time of my death, and belonging thereto, consisting of negroes and any other kind of personal property, I give and bequeath unto my said son, William B. Paca forever.
I give and devise unto my son, Edward T. Paca, all the Estate where I reside, and have long resided, devised to me by my Aunt Chew, for and during the term of his natural life, and no longer, with a power to nominate by his Will, one or more of his children to take the inheritance of the said estate. From and after the death of my said son, I give and devise the said estate to his brother, William B. Paca, and his heirs forever, In Trust Nevertheless to convey the same, in fee simple, immediately after the death of the said Edward T. Paca unto the appointee or appointees under his Will, and in the default of such appointment, In Trust within twelve months after his death, to convey the same to all his children in fee to be held by them, as tenants in common, and not as joint tenants. In the event of the said Edward T. Paca leaving a surviving wife, it is my desire she shall have on third part of the said home estate, for and during the term of her natural life.
All the personal estate on the said home estate at the time of my death, and belonging thereto, consisting of negroes, and any other kind of personal property, I give and bequeath unto my said son Edward T. Paca forever.
I give and bequeath and devise unto my grandson Philemon Davidson for and during the term of his natural life, and no longer all my estate in Kent County called Bloomy Neck and the [landed?] estate I hold in Allegany county in this state. From and after his death I give and devise the said estate, in fee simple, to my sons William B. Paca and Edward T. Paca and their heirs, in Trust Nevertheless, that immediately after the decease of my said grandson, they shall convey in fee simple to such one or more of his children, as by his last Will and Testament he may appoint to take the Inheritances and in default of such appointment to convey the said estate to all the children of the said Philemon Davidson in fee simple, and if he should die without children, further in Trust to convey the part called Bloomy Neck and the estate in Allegany county to my right heirs in fee simple to be equally divided among them. I give and devise unto my said grandson Philemon Davidson, for and during his natural life and no longer, one sixth part of the Island lying at the mouth of the Susquehanna River devised by my Aunt Chew to me from and after his death to my sons William B. Paca and Edward T. Paca and their heirs, to be conveyed by them to one or more of his children in fee simple, as by his last Will and Testament he shall appoint to take the Inheritance, and in default of such appointment, to convey the same to all the children of the said Philemon Davidson in fee, and if he should die without children further In trust to convey the said part of the said Island to my right heirs in fee simple to be equally divided among them. All my personal property of every description on my estate in Kent County, I give and bequeath unto my said grandson Philemon Davidson for and during the Term of his natural life, and from and after his decease to my aforesaid sons William B. Paca and Edward T. Paca, In Trust to convey the same to his children nominates by his Will and if no such nomination to convey the same to his children, and if he should die without a child, In Trust to convey the said property to my personal Representatives forever.
I give and devise one third part of my Turkey Point Estate in Cecil County to my Grandson John P. Paca for his life and no longer. From and after his decease, I give and devise the said one third part to his uncles William B. Paca and Edward T. Paca and their heirs, In Trust Nevertheless to convey the same to one or more of his children, appointed by his Will to receive the Inheritance; and in default of such appointment to convey the said one third of Turkey Point to his children in fee simple; and if he should die without children to convey the same to his sisters in fee, and in case his sisters Anna K. Paca and Juliana C. Paca, die before him without issue, In Trust to convey the said one third part of Turkey Point to my right heirs in fee simple. I give and devise one third part of my tract in Cecil County, called Turkey Point, unto my grand daughter Anne N. Paca for the term of her natural life and no longer. From & after her death, I give and devise the said one third part of Turkey Point, to my sons, William B. Paca and Edward T. Paca and their heirs, In Trust nevertheless to convey the said one third part to one or more of her children, appointed by her will to receive the Inheritance, and in default of such appointment, to convey the said one third part to all the children of the said Anne N. Paca in fee; and if she should die without children, In Trust to convey the same to her brother, John P. Paca & her sister Juliana C. Paca & their heirs, and can they should not survive her, In Trust to convey the said third of Turkey Point to my right heirs. I give and devise the remaining third part of Turkey Point, unto my grand daughter, Juliana C. Paca, for her life time, and from her death, I give and devise the same to my sons, William B. Paca and Edward T. Paca, and their heirs in fee simple, In Trust Nevertheless to convey the same to one or more of her children, appointed by her Will to take the Inheritance; and in default of such appointment In Trust to convey the same in fee to all her children; and in the event of her decease without children further In Trust to convey the said one third part of Turkey Point to her surviving brother & sister, and their heirs if they should outlive her; and if they should not, then In Trust to convey the same in fee to my right heirs. I give and devise all the said estate called Turkey Point to my friend Charles C. Tilghman, In Trust to hold the same until the first day of January next following the arrival at age of my grandson, John P. Paca, and to divide the dear profits thereof, together with the profits arising from the personal estate thereon, between my three grand children and their mother Esther Paca, wife of my deceased son, John P. Paca. If the said Profits, at any time exceed twelve hundred dollars, I request my said friend, Charles C. Tilghman, to put the same at interest for the benefit of my said grand children. I give and bequeath my personal estate on the said tract called Turkey Point to be equally divided between my said grand children. If all should die before arriving to the age of twenty years, without issue then I give and devise all my estate in Cecil the Island excepted real and personal, to all the rest of my children and their descendants. After my said Grand son John P. Paca arrives at age, I give and devise one third part of Turkey Point to my daughter in law Esther Paca, for and during her widowhood, and no longer, and upon her death or marriage I desire the same shall return to my grand children aforesaid if they should be living, and if not, that the same should return to my right heirs.
I give and devise one moiety of my Island in Susquehanna River to my son, William B. Paca and his heirs, one sixth part there of to my son Edward T. Paca and his heirs, and sixth part of the same to my grandson as afd. Philemon Davidson and his heirs, and one sixth part thereof in six parts to be divided to be the children of my son John P. Paca, deceased and their heirs. I request my friends Charles C. Tilghman, John Tilghman and George Earle to make the division by the said Island among my children at the expense of my said devisees & in making the partition to have respect to the fisheries on said Island. The portion of the same, allotted to three children of my son John P. Paca, deceased, I direct shall in every respect be disposed of during their minority, and [illegible], as their Turkey Point estate is disposed of by this my Will, except as to the right of their brother in the said Cecil estate at Turkey Point aforesaid.
I give two fifths of my plate to my son William B. Paca, to my son Edward T. Paca, one fifth part thereof. The remaining two fifths part thereof, I give to my sons William B. Paca and John Paca, their Executors and administrators, In Trust to convey one fifth part thereof to my grand children, the children of my said son John P. Paca on condition that the same shall return to their uncles and their families, if my said grand children should die without children; and to convey a fifth part of the said plate to my grandson, Philemon Davidson upon the condition that the same should return to his uncles and their families if the said Philemon dies without children. The said division in five parts of my plate, to be agreeably to a written division I have made and shall leave of the said plate.
In witness where of the said Juliana Paca has hereunto set her hand and affixed her seal this twentieth day of July 1842.
Signed, sealed, published & declared by Juliana Paca, the above named testatrix, as and for her last Will and Testament in the presence of us, who at her request and in her presence, and in the presence of each other, have hereunto set out hands, the day & year above mentioned.Juliana Paca, Seal
Queen Anne's County Court, Sct. April 23rd, 1861. Then came Chas. C. Tilghman & Mary L. Tilghman & made oath on the Holy Evangely of Almighty God, that they did see Juliana Paca, the Testatrix therein named, sign her name to the foregoing Will that they heard her publish, pronounce & declare the same to be her last Will and Testament, that at the time of so doing she was to the best of their apprehension of sound and disposing mind, memory and understanding & that they signed their names as witnesses; and saw Ro. T. Earle (who is now deceased) sign his name as witness & the said Will in the presence of each other, in the presence of the Testatrix and at her request.Ro. T. Earle
Mary L. Tilghman
Chas. C. Tilghman
Whereas I, Juliana Paca of Queen Ann's county in the State of Maryland have made and duly executed my last Will and Testament in writing bearing date the twentieth of July eighteen hundred and forty two, and whereas my son Edward T. Paca, one of the devisees named in said Will has departed this life since the execution thereof and this and other circumstances has determined me to alter some of the devises and bequests made in my said Will.W. A. Johnson, Reg. Wills,
for Queen Ann's county.
Now, I do hereby revoke every devise or bequest in said Will to my daughter in law Mariana E. Paca, widow of Edward T. Paca, and in lien Thereof, I do hereby give, devise and bequeath unto the said Mariana E. Paca the sum of six hundred dollars per annum to be paid to her by my Executor in each and every year from the date of my decease so long as said Mariana E. Paca shall remain unmarried and no longer, said annuity to be paid from the Wye estate and I do hereby charge the said estate with the payment thereof accordingly.
Also, I do hereby revoke every devise or bequest made in said will to my daughter in law J. M. Paca, wife of my son William B. Paca and in lien thereof, I do hereby give, devise and bequeath unto the said J.M. Paca, if she shall survive her present husband, the sum of six hundred dollars per annum to be paid from the Wye Island estate, which I do hereby charge with the payment thereof, provided however that said annuity shall only be payable to said J.M. Paca during her widowhood and shall cease if she should marry again after the death of her present husband.
Also, I hereby change the devise and bequeath [illegible] in my will to Nannie N. De Courcy, wife of Walter De Courcy in the manner following, that is to say, I do hereby give devise and bequeath unto my son William B. Paca, as Trustee all the property and estate of every description devised and bequeathed to said Nannie, in my said will to be held by said William B. Paca in trust for her separate use and benefit and free of all control of her husband or liability for his debts he the said Trustee to pay over to her in each year the interest or income of such property either in money or in the necessaries of life as he may think most to her advantage; and said trustee with the consent of said Nannie shall be authorized to sell or exchange said property or any part thereof and the proceeds of such sales to invest in other property; this property to so received in exchange or purchased to be held by said trustee upon the like trusts as that devised or bequeathed by this Codicil. And after the death of said Nannie the said trustee shall convey all of said property to her children if she shall leave any surviving her, and if she shall leave no children then said Trustee shall convey said property to her brother John P. Paca and her sister Juliana Paca, or to the survivor of them, or in case both them should then be dead then to their children if any then living; and in case there shall be no such child or children then living the said the said property shall rest in my legal heirs, and in case the said William B. Paca should at any time hereafter see proper to do so, he shall be authorised to convey all the said property held by him as trustee for the said Nannie to her brother John P. Paca to be held by said John P. Paca in trust for the sole and separate benefit of said Nannie in the same manner and upon the same conditions in every respect as it was authorised to be held by said William B. Paca.
Also I do hereby change the devise and bequest made in my Will to the children of my son Edward T. Paca, now deceased, in the manner following, that is to say, I do hereby give, devise and bequeath unto my son William B. Paca, as Trustee all the property devised or bequeathed by my said Will to my son Edward T. Paca or to his children, the same to be held by said William b. Paca in trust for the benefit of such of the children of said Edward T. Paca, as may be living at the time of my decease until all of the said children shall have arrived at age, when it shall be come their absolute property free and discharged from said Trust, but in case after one or more of said children shall have arrived at age, it is formed that it will be to the advantage of all of them that said property should be divided, then such division may be made, and there of age shall receive and hold their property absolutely, while the said William B. Paca shall continue to hold as trustee aforesaid the shares of the minors until they shall have respectively become of age when such shares shall belong to them absolutely free clear and discharged of the trust. And I do hereby bequeath to said William B. Paca as trustee aforesaid for the use and benefit of the said children of my son Edward T. Paca deceased all their fathers proportion of my silver plate - being the fifth part of the whole, which share I have selected and set apart for them.
Also I do hereby nominated and appoint my son William B. Paca Sole Executor of my said Will and of this Codicil and limit his commissions to fifty dollars.
In Testimony whereof, I have hereunto set my hand and affixed my seal this twenty seventh day of May in the year eighteen hundred and fifty four.
Signed, sealed, published and declared by Juliana Paca. The above named Testatrix, as and for a Codicil to her last Will and testament, in the presence of us, who at request is her presence, and in the presence of each other, have subscribed our names, as witnesses thereto.Juliana Paca, Seal
Queen Ann's County Sct., August 27, 1861. Then came Jno. McKenney & P.B. Hopper & made oath on the Holey Evangely of Almighty God, that they did see Juliana Paca the Testatrix therein named sign her name to the foregoing Codicil that they heard her publish, pronounce & declare the same to be a Codicil to her last Will and Testament, that at the time of so doing she was to the best of their apprehension of sound and disposing mind, memory & understanding, & that they signed their names as witnesses, and saw Geo. C. Palmer (who is now deceased) sign his name as a witness to the said Codicil, in the presence of each other, in the presence of the Testatrix and at her request.Jno. McKenney
Geo. C. Palmer
P.B. Hopper, Jr.
Whereas I Juliana Paca of Queen Ann's county, have made and duly executed my last Will and Testament in writing bearing date the twentieth day of July in the year of our Lord Eighteen Hundred and forty two and have also made and duly executed a Codicil there to in writing bearing date the twenty seventh day of May in the year eighteen hundred and fifty four by which said Codicil some of the devises and bequest contained in my said last Will and Testament were revoked, annulled and changed and when I am desirous of being more explicit in regard to some matters than I have heretofore been in my said Testament any papers and of making some further provision than I have already made in them, I do therefore here by make this my further Codicil, which I will and direct shall be taken and held, as part of my said last Will and Testament, in manner and form following that is to say:W.A. Johnson, Reg. Will
for Queen Ann's County
Whereas my Codicil aforesaid to my said Will I did limit the commissions to my son William B. Paca, as the Executor thereof to the sum of Fifty Dollars, now I do here by declare and make known that said provision had referenced exclusively to his compensation as Executor and not as Trustee, and I do hereby further will and direct that my said son William B. Paca shall receive and retain as compensation for the duties to be performed by him as Trustee under said Codicil in managing the estates real and personal of my grand children. Therein named and in receiving and disbursing their income until they shall come into the absolute possession of the property. Therein devised to them, such compensation as is usually allowed by the Orphans court of Queen Ann's county to Guardians for similar duties in the reference to their Wards, that is to say, a commission of seven and a half per centum on their income.
Item, It is my will and desire and I do accordingly direct that the surplus of income, if any there shall be arising from the property devised and bequeathed by me in trust for the children of my deceased son Edward T. Paca, after paying the amount bequeathed to his widow my daughter in law Mariana E. Paca, according to the provision made further, and after the maintenance and education of said children, shall from time to time be applied, in the discretion of my said son William B. Paca in improving and keeping up the estate devised to them, or if he shall think best be invested so as to accumulate and be divided between said children when there shall be a division of their property as contemplated by my said Codicil.
Item, whatever articles of personal property, I shall die possessed of not disposed of by any of my testamentary papers, I give and bequeath to my Executor William B. Paca to be distributed by him according to my known wishes already expensed to him or to be hereafter expressed to him.
Item, It is my will and desire, that there shall be no appraisement of my personal estate, unless it is indispensable under the existing laws of the state, and that there shall not be a sale of any part thereof, but that the whole be delivered according to the directions of my said will and the several codicils thereto.
Item, I do here by revoke all former devises made by me, in regard to the Island in the mouth of the Susquehanna called "Palmers" or "Watsons Island" having disposed of the same to my son William B. Paca.
In testimony where of I have hereunto set my hand and I affixed my seal. This ninth day of June eighteen hundred and fifty five.
Signed, sealed, published and declared by Juliana Paca, the above named testatrix, as and for a further Codicil to her last Will and Testament in the presence of us who, at her request, in her presence and in the presence of each other have subscribed our names, as witnesses Thereto.Juliana Paca, Seal
Queen Ann's County, Sct., August 27th 1861. Then came Jno. McKenney, P.B. Hopper & Wm. McKenney & made oath on the Holy Evangely of Almighty God, that they did see Juliana Paca, the Testatrix Therein named sign her name to the foregoing Codicil, that they heard her publish, pronounce and declare the same to be a Codicil to her last Will and Testament, that at the time of so doing she was to the best of their apprehension of sound & disposing mind, memory and understanding, & that they subscribed their names as witnesses to the said Codicil in the presence of each other, in the presence of the Testatrix, and at her request.Jno. McKenney
P.B. Hopper Jr.
Wm. McKenney
I, Juliana Paca of Queen Ann's county, do make this as a further and third codicil to my last will and Testament.W.A. Johnson, Reg. of Wills
for Queen Ann's county
Item, Whereas my son William B. Paca has heretofore advanced sums of money to my grand children John P. Paca, Nannie De Courcy and Juliana C. Paca, children of his deceased son John, and it may be, that they may required other loans from him, and it is my desire to encourage my son William B. Paca to accommodate [illegible] when he shall be satisfied that they require assistance and at the same time to make him safe in his said money advances to them, I do therefore by this my devise the share of my foregoing grand children which is left them by me, with their payment of the sums that have already been loaned, or shall hereafter be loaned them respectively by my said son, William, that is to say the share of each with the sum or sums respectively advanced to him or her.
Item 2. I do further charge The Turkey Point Estate with the payment of the debt due to the lat Henry Morling, which I have assumed to pay.
In Testimony whereof I have hereto set my hand and affixed my seal this twenty fifth day of September in the year eighteen hundred and fifty seven.
Signed, sealed, published and declared by Juliana Paca, the above named testatrix, as and for a Codicil to her last Will and Testament, in the presence of us who at her request, in her presence and in the presence of each other, have subscribed our names as witnesses thereto.Juliana Paca, Seal
Queen Ann's County, Sct., Aug. 27th, 1861. Then came W.J. Gibson & P.B. Hopper, two of the subscribing witnesses to the foregoing Codicil and make oath on the Holy Evangely of Almighty God, that they did see Juliana Paca, the Testatrix, therein named sign her name to the foregoing Codicil, that they heard her publish, pronounce & declare the same to be a Codicil to her last Will & Testament, that at the time of so doing she was to the best of their apprehension of sound & disposing named memory & understanding & that they subscribed their names as witnesses & saw J.K. Slaughter (who is now deceased) sign his name a witness to the said Codicil in the presence of each other, in the presence of the Testatrix, and at her requestJ.K. Slaughter
W.J. Gibson
P.B. Hopper Jr.
W.A. Johnson, Reg. Wills
for Queen Ann's county
Item 2. I do hereby revoke and annul the provision heretofore made for Mrs. Marianna Paca, and in lieu Thereof do hereby will and direct, that so long as her present widowhood shall continue and no longer, she shall be furnished with board upon The Wye estate, shall be priviledged to keep two horses and as many servants and as many servants as the trustee Wm. B. Paca shall think necessary until the aforesaid debts are paid, and shall receive from said Trustee per annum one hundred and fifty Dollars for her personal expenses. The said Trustee is to exercise sound discretion as to what sum he shall supply to the family on The Wye estate in addition to the allowances to Mrs. Paca, for their support in view of payment of the aforesaid indebtedness.
Item 3. After the aforesaid indebtedness is discharged, I will and direct that the money allowance to Mrs. Marianna Paca shall be increased to Four hundred Dollars per annum to be paid by the said Trustee so long as her present widowhood continues, which is to be in full of all her demands on the Wye Estate.
Item 4. The debt due Morling and all the debts due the merchants for Turkey Point estate to be paid by the Turkey point estate, and I do hereby charge the said estate with the payment of them and exempt my other property from any liability for and on account of the same.
Item 5. Having heretofore conveyed [illegible] to my son William B. Paca, The Wye Island estate and all the personal property thereon and appear tenant thereto, I do hereby confirm the same by this my last Will and Testament and my Codicil thereto.
In Testimony whereof, I have hereto set my hand and affixed my seal This first day of October in the year eighteen hundred and fifty eight.
Signed, sealed, published and declared by Juliana Paca, the above named testatrix, as and for a Codicil to her last Will and Testament in the presence of us, who at her request, in her presence and in the presence of each other, have subscribed our names as witnesses thereto.Juliana Paca, Seal
Queen Ann's County, Sct., Aug. 27th, 1861. Then came Jno. McKenney, Wm. McKenney & P.B. Hopper, and made oath on the Holy Evangely of Almighty God, that they did see Juliana Paca, the Testatrix therein named, sign her name to the foregoing Codicil that a Codicil to her last Will and Testament, that at the time of so doing she was to the best of their apprehension of sound and disposing mind, memory and understanding, and that they subscribed their names, as witnesses to the said Codicil in the presence of each other in the presence of the Testatrix and at her request:Jno. McKenney
Wm. McKenney
P.B. Hopper, Jr.
Queen Ann's County, Sct., Aug. 27th, 1861. Then came Wm. B. Paca the Executor, Therein named & made oath on the Holy Evangely of Almighty God, that the foregoing Will and Codicils on the time and whole last Will and Testament of Juliana Paca, late of Queen Anne's county, decd., that came to his hands or possession & that he does not know of any other.W.A. Johnson, Reg. Wills
for Queen Ann's county.
W.A. Johnson, Reg. of Wills,
for Queen Ann's county
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