Will of John McCay

District 7, Cecil Co., MD

March 15th, 1794

                  In the name of God Amen, I - John McCay of  Cecil County and State of Maryland Being of Perfect and Sound Mind, Memory and Understanding Do make, Publish and Declare  this my Last Will and Testament in Manner and Form following, to Witt:. -- I give and Devise unto my son Hugh McCay all that Tract or Parcel of Land called Johnson’s Adventure, Containing Two Hundred and Twenty-two Acres, to him and his Heirs and Assigns for Ever, Excepting out of said Johnson’s Adventure that Part Included within the Different Fields upon the Hill supposed to contain about Twenty Acres of Land.  Also the old Meadow that is now enclosed, supposed to contain about twelve acres of Land and as Much Timber as will make Rails Sufficient to keep said Meadow under good fence - also Liberty of a Road to and from said Meadow.

            I give and Devise unto my Sons William McCay and James McCay All that tract or Parsel of Land Called Hall’s Choice, Containing Ninety-One Acres, also all that tract or Parsel of Land Called McCay’s Choice, Containing one hundred and thirteen and one half acres, also my Fishery at the Mouth of Octorara Creek with full Liberty and Priviledge of making Use of as much Land on the Sides of the Creek and River for the Use of  Drawing the Sain [seine] and for Waggons and Horses to Carry away the fish and Build a fish house on as is necessary for the Convenience of said Fishery.  Also a Small Iseland in Susquehanna River called McCay’s Iseland, Containing three Acres of land - also the old Meadow supposed to contain twelve Acres of  Land with Liberty of Cutting as much Timber for Rails on that Land given my son Hugh as will keep it under good fence - also all that part of Johnson’s Adventure that is included within Fields on the Hill - also all that Part of a Tract or Parsel of Land called the Glass House which I possess, containing one hundred and forty-five acres, excepting all the woodland adjoining my son John in the out side of the field on the Right-hand of the great Road Leading from my Dwelling to my son John’s, to them their heirs and assigns for Ever, Provided they pay the Legacies Herein after named Except what my son Hugh is to Pay.

            I give and Devise unto my son John McCay all the woodlands adjoining him on the Right-hand [side of the great Road, to him his Heirs] and Assigns for Ever and no More, he having received his Portion already.

            I give and Bequeath unto my Daughter Ann Love the Sum of one hundred Pounds Current Money to be paid her one year after my Decease and no more.

            I give and Bequeath unto my Daughter Margaret [Goodson?] the Sum of one hundred Pounds Current Money to be paid her two years after my Decease and no more.

            I give and Bequeath unto my Daughters Jean McCay, Agness McCay, Elisabeth McCay, Frances McCay, and Catherine McCay and to Each of them Two Cows, Six head of Sheep, one Horse and Saddle, one Feather Bed and Furniture, one Case of Drawers, Six Chairs, one Table, and also the sum of One hundred and Fifty pounds Current Money to be paid unto Each of them in one year after Marriage or at the Age of Twenty-one years if unmarried and no more.

            I give and Devise unto my Beloved Wife Frances McCay all that Tract or Parsel of Land called McCay’s Purchase Containing Eighty-four Acres of land to her and her Heirs and Assigns for Ever, Excepting she should get married, then and in that Case my will is that it shall be Sold By my Executors after named and Equally divided among all my Children, also I give and Bequeath to my beloved wife one third Part of all the Land which I have given to my sons William McCay and James McCay to her during her natural Life Including the Stone House I now live in, also one third Part of all my Household Furniture, also two Cows, two Horses, and one third Part of all the Sheep that I shall possess at the time of my Death, also Negro Dinah, also Negro Dave, During her natural Life.  Also the sum of Fifty pounds to be paid Six Months after my Decease.

            In Consideration of having given my son Hugh McCay [considerable?] Real Estate uncumbred my will is that my son Hugh McCay Pay unto my Five Daughters Hereafter mentioned the sum of one hundred and Eighty pounds Current Money to be paid at the time and as Part of the above Legacies -- to witt: To my Daughter Jean McCay the sum of thirty-six pounds -- To my Daughter Agness McCay the sum of thirty-six pounds -- To my Daughter Elisabeth McCay the sum of  Thirty-Six Pounds -- To my Daughter Frances McCay the Sum of Thirty-Six Pounds -- And to my Daughter Catherine McCay the sum of thirty-six pounds -- My Will is that my Daughters is to be maintained out of and on the land willed to my sons William McCay and James McCay if they see Cause to stay on it to they are Twenty-one years of age.  My will is that my son James McCay Pay unto my Daughter Jean McCay One hundred and fourteen pounds, it being the one Part of the one hundred and fifty pounds Before Bequeathed In Discharge of Money already received as ___ Receits.  I give and bequeath unto my sons William McCay and James McCay all the Remaining Part of my Estate that I have not already given away, and my will is that my said sons William McCay and James McCay Pay of all the remaining Part of the Legacies, Funeral Expenses, and Just Debts which will be left unpaid at my Decease, Each to pay an equal Part.  Except the one hundred and fourteen pounds that my son James is to pay unto my daughter Jean McCay, and the one hundred and eighty pounds which my son Hugh McCay is to pay out of that Part of my Estate given him.

            Lastly I hereby nominate and appoint my two sons William McCay and James McCay Executors of this my Last Will and Testament, Hereby revoking all Former Wills or Wills by me Heretofore made.  In Witness whereof I have hereunto set my hand and affixed my seal this Fifteenth Day of March one thousand seven hundred and Ninety-Four.

John McCay [his seal]

Signed, Sealed, Published and Declared by the above-named John McCay as and for his Last Will and Testament  in Presence of us who have hereunto subscribed our Names as Witnesses thereto in the Presence of the said Testator and in the Presence of Each other.

James Evans

Robert Evans

William McCrackin

 Transcribed 5/6/97 by Fred KelsoOxford,PA