JOSIAH O'NEAL
LAST WILL AND TESTAMENT
written March 29, 1852
In the name of God, Amen, I Josiah O'Neal of Broad Creek Hundred, Sussex County and State of Delaware, being afflicted in body but of sound mind and memory, and calling to mind the frailty and the uncertainty of human life, and being desirous of settling my worldly affairs, and directing how my estate, with which it has pleased Almighty God to bless me shall be disposed of after my decease, and while I have strength so to do, do make, publish and declare this my last "Will and Testament" hereby revoking and making null and void all other Wills and Testaments by me heretofore made. And first I commend my immortal being to him who gave it, and my body to the earth from whence it was taken, and to be buried in a decent and Christian like manner as my Executor herein after named shall direct. And as to my wordly estates, and all the property real, personal and mixed of which I shall die seized and possessed or to which I shall be entitled at the time of my decease, I desire bequeath and dispose there of in the following manner.
Imp----. My will and desire is that all my just debts and funeral charges shall by my executor herein after named be paid out of my personal estate as soon after my decease as shall be found convenient.
Item 1st. I give and divise to my son Thomas O'Neal all my lands lying and being to the North and North East of the land that I have heretofore deeded to my son William O'Neal and adjoining lands formerly belonging to Peggy Ellegood, dec'd. and others be the quantity what it may to him the said Thomas O'Neal, his heirs and assigns forever.
Item 2nd. I give and divise to my son Cyrus O'Neal all that certain lot of ground situated lying and being in Little Creek Hundred in the County of Sussex and lying on the south side of the county road leading from the town of Laurel to William W. Dulaney's Mills on Little Creek and being the same lot which was conveyed to me by my said son Cyrus O'Neal and wife to him the said Cyrus O'Neal his heirs and assigns forever.
Item 3rd. I give and divise to my son Anthony O'Neal all that part or portion of my lands that may be found lying and being on the North and Westward of the following lines and locations, that is to say beginning at a small white oak standing in the field north westwardly from my dwelling house and near a ditch the division between me and my son William O'Neal and on the south side of said ditch and running from thence south nineteen and one quarter degree west to a pine and small black gum marked for the corner thence westerly to a persimmon tree marked for a corner and from thence to a white oak marked for a corner, and from thence to a marked maple in or near the edge of a swamp and from thence with a line drawn - north forty degrees west until it intersect the outlines or bounds of my land and from thence with the outlines of my land north eastwardly until it intersect the line of William O'Neal's land and from thence with the division line between my lands and the said William O'Neal's land home to the place of beginning be the quantity what it may, to him the said Anthony O'Neal his heirs and assigns forever and it is my wish and desire that if my said son Anthony should not be willing to settle on the said lands, but should be disposed to sell the same that he give the offer first to my other sons or grandchildren.
Item 4th. I give and divise all the residue and remainder of my lands and premises including my mansion house and the lands that I bought of Nancy Benson to my grandson William Chipman to take effect when he the said William shall have arrived to the age of twenty one years upon the condition that he the said William Chipman pay to my executor herein after named the sum of six hundred dollars lawful money of the United States of America. But if the said William Chipman should die before he arrives at the age of twenty one years or having arrived to that age, should refuse to accept the land and pay the said sum of six hundred dollars as is provided for above then my will and desire is and I hereby direct and require my said executor to sell the same to the best advantage and after paying the several legacies herein after named that the balanceor residur remaining should be dqually divided between all my grandchildren share and share alike. But if the said William Chipman shall and does when he arrives at the age of twenty one years accept the lands and promises according to this divise then it is to him his heirs and assigns forever. And further it is my will and desire that my said executor should after my decease take charge of the lands and premises mentioned in this item until the said William Chipman shall arrive at the age aforesaid or shall die, that he receive the rents and profits thereof and after pay in taxes and all other incidental expenses that he expend the balance of the yearly rents for the purpose of improving the lands, until the said William Chipman shall have arrive to the age of twenty one or until his death should he die before he arrives to the age of twenty one years.
Item 5th. I give and bequeath to my daughter Peggy Ward one hundred dollars in cash to her heirs and assigns forever.
Item 6th. I give and bequeath to my daughter Mary Owens one hundred dollars in cash to her heirs and assigns forever.
Item 7th. I give and bequeath to my son Anthony O'Neal the sum of one hundred dollars in cash to him his heirs and assigns forever. The foregoing legacies are to be paid by my executor herein after named out of the funds arising under Item 4th and to be clear of interest until the money is realised under said Item.
That is the three above legacies are not due and payable until the said William Chipman arrives to the age of twenty one years; but so soon as the said William Chipman shall arrive to the age aforesaid and accepts under the divise aforesaid or refuses to accept and a sale can be effected then the said legacies are due and payable and from and after that time interest shall be calculated until paid.
Item 8. I give and bequeath to my wife Abigal O'Neal one bed, bed sted, and all the bed covering and furniture which she the said Abigal brought with her to my house after our marriage or as many pieces as she had when we were married. Also all the earthen and qucensware or as many pieces as she brought with her. All the pot mettle and tight ware she had when I married her or as many pieces. Also one hundred weight of bacon such as she may choose and corn enough to support her one year. All the pottry of what ever kind on the farm one white yearling. And the sum of one hundred and twenty five dollars in cash to be paid her as soon after my decease as convenient for my executor so to do.
Lastly I nominate and appoint my son William O'Neal my whole and sole executor of this my last "Will and Testament".
In testimony where of I the said Josiah O'Neal have hereunto set my hand and seal and published and declared this to be my last "Will and Testament" in the presence of the witnesses named below this twenty ninth day of March in the year of our Lord one thousand Eight hundred and fifty two (1852)
Signed, sealed, published and declared by Josiah O'Neal as and for his last Will and Testament in the presence of us who in his presence and in the presence of each other and at his request have subscribed our names as witnesses hereto.
(signed)
John Moore (signed) Josiah O'Neal seal
J.M. Bacon
C.C. Windsor
Transcribed from a copy of the actual will which is located at the Delaware State Archives, by Debby O'Neal on June 11, 1996.
