Probate File Joseph Melson 1809-1814

Joseph Melson’s Will Recorded in Book F folio $ 382 Copy made awt 5th December 1809

In the name of God amen I Joseph Melson of Sussex County in the State of Delaware being sick and weak in body but of sound and disposing mind and memory (praise to the preserver of my life) and calling to mind the uncertainty of this mortal life and that it is appointed unto all men once to die, do make ordain pronounce and declare this to be my last will and testament in manner and form following VIZ. My soul I commit into the hand of Almighty God who gave it and my body to the earth from whence it was taken to be buried in a decent christian like manner. And as touching such worldly goods and estates wherewith it hath pleased the father of mercies to bless me I give, bequeathe, devise and dispose of, in the following manner to wit.

First 1 My will and desire is that my Just debts together with my funeral expenses be fully satisfied and paid out of my moveable or personal estate.

Secondly 2 I give and bequeathe unto my son John Melson the four following tracts of Land namely Cruelty, Safety, Melson folly, and savannah swamp, until my four Grand sons Daniel Melson, John Melson, William Melson and Benjamin Melson shall respectively arrive to the age of twenty one year; and my will and desire is that the same be then equally divided between them the said Daniel, John, William and Benjamin Melson so that each of them shall receive their part or portion thereof so soon as they shall separately arrive to the age of twenty one years to them their heirs and assigns for ever. The said lands lying on the North side of a branch that leads into the mill point where I now live and of line drawn from the end of the fifth line of Melson’s folly north eighty degrees east one pole, thence south seventeen degrees east ninety seven poles to a marked red oak at the edge of the branch aforesaid, I also give and bequeath unto my son John Melson the one half part of my saw and grist mill where I now live with one half the stream plank and stock yard, and all my land that lieth to the west side of my mill pond and between the said pond and branch and an old road that leads from Thomas Johnsons to the place where Sarah Gibbons formerly lived) and joining the lands of Manain Bull, William Anderson Joseph Copes and Thomas Johnson and all the land that lieth between my two mill branches to the southward of a line drawn from a marked Hickory standing near the tale of my saw mill south fifty five and a half degrees east through my lane untill it intersects the second one of a piece of land laid off at the west end of my little mill dam and will hereafter be devised to Priscilla Pusey; thence with the said second line reversed to the beginning and from thence with the first line reversed to a marked pine the beginning of the aforesaid piece of land to him the said John Melson his heirs and assigns for ever. I also give unto my son John Melson all my wearing apparel to him his heirs and assigns for ever.

Thirdly 3 I give and bequeath unto my grand son Joseph Melson the one half part of the saw mill and grist mill where I now live, with one half the stream plank and stock yard, also all the land that lieth between my two mill ponds and the following Boundaries Beginning at a marked pine standing at the north Corner of a tract of land called Jones’s neck and running thence North thirty one degrees east nine poles thence South fifty nine degrees east two hundred and sixty four poles and a half to a marked red oak near the edge of a Branch that leads into my little mill pond thence down the said Branch and pond to a marked pine near the pond side, thence North sixty eight degrees west thirteen poles, thence south forty four degrees west untill it intersects a line drawn from a marked Hickory standing near the tale of my saw mill south fifty five and a half degrees east though my land thence with the said line reversed to the marked Hickory thence up the pond untill it intersects a line drawn from the end of the first line above mentioned north fifty nine degrees west thence with the same reversed twenty five poles and from thence to the beginning to him his heirs and assigns for ever.

Fourthly 4 I give and bequeath unto my Daughter Priscilla Pusey my little saw mill and stream and as much land and distances Beginning at a marked pine standing a little below the dam near the edge of the branch and runing thence North five degrees west twenty four poles thence North forty four degrees east thirty eight poles to a marked red oak saplings thence south sixty eight degrees east thirteen poles to a marked pine near the edge of the mill pond thence down the edge of the mill pond and branch to the place of begining, also all the land that lieth to the westward of my little pond that is included within the following meets and bounds. Begining at a marked red oak standing near the edge of a Branch and at the end of the second line of the land devised to my grand son Joseph Melson thence up and with the said branch untill a line drawn south fifty degrees east will strike a white Oak the first bounden of a tract of Land called conclusion to Hickory ridge, thence south fifteen degrees east fifteen poles to the edge of a branch that leads into my little Mill pond thence down the edge of the said branch and pond to the mouth of the branch first mentioned thence across the mouth of the same to the west side thereof and from thence up the edge of the said branch on the west side thereof to the place of begining. Also all my land on the south east side of my little mill pond that lieth between the said pond and the land of Jesse Stokely, Jacob Cannon; Philip Matthews and the lines of the Land that I bought at sheriffs sale that was sold as the property of Henry Wingate for and during the term of her natural life; and at her decease my will and desire is that the same be equally divided between my three Grandsons namely Joseph Pusey, John Pusey and Puch Pusey to them their heirs and assigns forever. I also give and bequeathe unto my Daughter Priscilla Pusey my neg[ro] man called George for and during the term of two years from and after my decease and at the expiration of that time my will and desire is that he be free from my heirs and from her the said Priscilla Pusey her heirs and assigns,

Fifthly 5 I give and bequeathe unto my daughter Polley Rodney all the lands that I bought at sheriffs sale that was sold as the property of Henry Wingate, for and during the term of her natural life; and at he decease it is my will and desire that the same be equally divided between my three grand sons namely John Rodney George Rodney, and Daniel Rodney, to the their heirs and assigns for ever.

Sixthly 6 I give and bequeathe unto my Daughter Lovey Harris all my Houses and Lotts in George Town to her, her heirs and assigns for ever. Also all my land to the northward of an old road leading from Thomas Johnsons to the place where Sarah Gibbins formerly lived (and between the said road and the County road leading from broad creek Bridge to Lewes Town) and adjoining lands of Joseph Copes, Edmund Hitchens senior, and Thomas Johnson, for and during the term of her natural life; and at her decease it is my will and desire that the same became the right and property of my grandson Joseph Harris, to him his heirs and assigns for ever. I also give and bequeath unto my daughter Lovey Harris one negro man named Sam that now lives with her to her, her heirs and assigns for ever also one negro man named Mingo to her her heirs and assigns for ever.

Seventhly 7 I give and bequeath unto my Daughter Hannah Russel one hundred and fifty acres of land for which I gave her my alienation or conveyance bond to her her heirs and as- signs for ever also one hundred and fifty acres of land more to be laid off to her out of my land to the south and west end of the land mentioned in the said bond adjoining the same and adjoining the lands that Jacob Cannon bought of William Johnson for and during the term of her natural life and at her decease it is my will and desire that the same be equally divided between my there Grandsons namely Joseph Sharp John Sharp and Nathaniel Jones to them their heirs and assigns for ever.

Eighthly 8 I give and bequeath unto my Grandson Stephen Melson all that part of a tract of land called third choice that is not included in a Deed from me to my son John Melson and all that tract of land called Gibralter granted to me by patient from the State of Delaware to him his heirs and assigns for ever

Ninthly 9 I give and bequeathe unto my Grand son Joseph Pusey one negro boy named Sam to him his heirs and assigns for ever.

Tenthly 10th I give and bequeathe unto my Nephew John Melson son of my Brother Jesse, all my land that lieth between a Branch that leads into the mill pond where I now life and between a division line that divides Thomas Johnsons land and mine, and a division line between Peter Hitchins and myself and the westward of two lines drawn from the end of the fifth line of a tract of land called Melsons Folly north eighty nine degrees east one pole thence south seventeen degrees east ninety seven poles to a marked red Oak standing at the edge of the aforesaid Branch to him his heirs and assigns for ever.

Item. It is my will and desire that all the lands which I bought of Thomas Skinner with the saw mill and Stream thereon and all my Houses and Lotts in Laurel Town be (by my Executors herein after named) sold for the best price that can be obtained for the same on a credit of ten years and the payments therefor secured by bond and good security and that the money arising from the sale of the said lands mill, Houses and Lotts with the Interest thereon be equally divided between my Grand daughters namely Hannah Betts, Holland and Priscilla Melson Daughters of my son John Melson, Polley Rodney Daughter of William Rodney Nelly, Betsey, and Polly Pusey Daughters of Puah Pusey Priscilla, Betsey, and Kitty Harris Daughters of Abraham Harris and Nancy Cannon daughter of Hannah Russell to them their heirs and assigns for ever.

Item I give and bequeath unto Ann Bryan that now lives

with me one good bed and furniture, and one Cow and calf to her her heirs and Assigns for ever.

Item My will and desire is that my old negro man named Thomas, and my two negro women the one called Sylvia and the other Peggy be free at my decease from my heirs Executors and administrators for ever

Item I give and bequeathe unto my five children namely John Melson, Polley Rodney, Priscilla Pusey, Lovey Harris and Hannah Russell all my moveable or personal estate that I have not heretofore disposed of to be equally divided between them, to them the said John Melson Polly Rodney, Priscilla Pusey, and Lovey Harris their heirs and assigns for ever and to the said Hannah Russell and the heirs lawfully begotten of her body forever.

Item All the residue and remainder of my estate real and Personal I give and bequeathe unto my Five children namely John Melson, Polly Rodney, Priscilla Pusey, Lovey Harris and Hannah Russell to be equally divided between them to them their heirs and assigns for ever

Item It is my will and desire that the Honorable Chancellor of the State of Delaware on Application to him made by any of my children or Grand children to whom I have divided any real property to be equally divided between them  do appoint five sober discreet Judicious persons to go upon the lands that application shall be made to divide and make partition and division thereof agreeable to my Will having regard to quality as well as quantity in making their division and a return of such division as they shall agree upon shall be made into the Orphans Court for the County of Sussex in the State of Delaware

Lastly I do hereby nominate and appoint my son John Melson and Puah Pusey whole and sole executors of this my last Will and Testament hereby revoking and utterly disannulling all former Wills Legacies and bequest by me at any time heretofore made or done, ratifying and confirming this and no other to be my last Will and Testament. In Testimony whereof I have hereunto sett my hand and affixed my seal this twenty second day of February in the year of our Lord one thousand eight hundred and eight_ 1808._ Joseph Melson {seal}

Signed sealed published pronounced and declared by the above named Joseph Melson to be his last Will and Testament in the presence of us have hereunto subscribed our names as Witnesses in the presence of the said testator and of each Other William Jones. Jonathan Downing Wm B Cooper

Sussex County Sst Memorandum 5th December 1809 before me Phillips Kollock Register appointed for the probate of Wills and granting Letters of Administration for the County afsd appeared William B Cooper and Jonathan Downing Two of the Subscribing witnesses to the within and foregoing Will who being duly Sworn on the Holy Evangels of Almighty god did severaly depose and say that in their sight presence and hearing the Testator Joseph Melson did sign seal publish pronounce and declare the same to be his last will and Testament and that at the doing thereof he seemed to be of a sound disposing mind memory and Judgement and that they and each of them ???????? With William ?????? [sub]scribed the same as Witnesses in presence of the said Testator and at his request. Phillips Kollock Regr

Testamentary Bond of John Melson & Puah Puzey on the estate of Joseph Melson decd with Jacob Cannon & Benton Harris Surities

5th Dec 1809

“Sussex, Delaware, United States records,” images, FamilySearch (https://www.familysearch.org/ark:/61903/3:1:3Q9M-CS5K-4984-N?view=explore : Sep 4, 2026), image 464 of 921; Delaware Public Archives (Dover).

Image Group Number: 104373261

Transcribed 4 Sep 2026 by Nancy Maliwesky