Moses America
This is the Last Will and Testament of Moses America of East Dover Hundred Kent County and State of Delaware
Item 1. I direct that my debts be paid by my Executor
Item 2. It is my Will that my wife Elizabeth shall have no part of my Estate either real or personal Whether by gift from me or otherwise as her conduct has not been such as to deserve it
Item 3. I order and direct that my Executors hereinafter named or such other person as may have the Execution of my will shall sell all my real Estate as well that which I now own as that which I may hereafter acquire and whereof I may be seized at the time of my death at public or private sale and in whole or in parcels and for cash or on credit or part cash and part credit as may be advisable and shall make deed or deeds to the purchase or purchasers and I declare that the purchase money produced by such sale shall be taken to be personal estate
Item 4 I give and bequeath all the rest and residue of my Estate whether originally personally the proceeds of land ordered to be sold are herein declared to be personally remaining after payment of debts and of the Expenses of sale and other charges to which my Estate is incident to unto and among all and every such person and persons (other than and exclusive of my said wife who is to be debarred from receiving any part thereof) as according to the statutes of the state of Delaware in force at the time of m death regulating the distribution of the personal estate of persons dying intestate would be entitled to take my personal estate in case I had then died intestate and in the same shares and proportions as they would thereby be thereunto respectively entitled.
Item 5. I Nominate and appoint my sons James A America and Moses America to be the Executors of this my will hereby revoking all other and former Wills by me at any time heretofore made and declaring this and this only to be my last will and Testament In Witness whereof I Moses America the Testator have hereunto set my hand and seal this twelfth day of June in the year of our Lord one thousand and eight hundred and eighty six. Moses America {seal]
Signed Sealed published & pronounced and declared by Moses America the Testator as and for his Last Will and Testament in the presence of us who in his presence at his request and in presence of each other have hereunto subscribed our names as witnesses. J.H Bateman P. Burnett
State of Delaware Kent County ss: John H Bateman one of the witnesses to the within and foregoing instrument of writing purporting to be the Last Will and Testament of Moses America deceased late of East Dover Hundred Comes before James Francis Wilds Register for the Probate of Wills and Granting letters of Administration & for Kent County in the State of Delaware, and on solemn oath says that he saw the said Testator sign and seal the said instrument and heard him Publish pronounce and declare the same as and for his last Will and Testament: that at the time of his so doing and saying he was of sound disposing mind memory and understanding and upwards of twenty one years of age: that he the said John H Bateman subscribed the same as a witness at the instance and in the presence of the Testator and in the presence of Philip Burnett the other subscribing witness who subscribed the same in the presence of the Testator and this deponent. J. H BATEMAN
Sworn and subscribed this 29 day of December A.D. 1886 before J. F. Wilds Register
Delaware, U.S., Wills and Administrations, 1683-1947, Kent County, Volume W1, Image 112, Page 211
Transcribed by Nancy Maliwesky
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