Will of Benaiah Fleming

In the name of God, Amen, I, Benaiah Fleming, of Mispillion Hundred in the county of Kent of the state of Delaware, having taken into consideration the uncertainty of life and the more certainty of death, and being of sound mind and memory, do hereby publish these presents as and for my last will and testament in writing; and as it has been pleasing to God to bless me with property, both real and personal, the division of which after my decease is to be as follows:

First: That my lawful debts be paid out of my personal estate and next I give and bequeath unto the heirs of my daughter Nice Tharp, deceased, all the property that I have heretofore let her have and was in her possession at the time of her death, to them and their heirs and assigns forever, and no more of my estate.

Item: I give and bequeath to my daughter Jane Bradley, all the property that I have heretofore let her have and is in her possession, to her and her heirs and assigns forever, and no more of my estate.

Item: I give and bequeath to my son Nathan Fleming (by paying unto his brother Charles Turner Fleming the sum of two hundred and fifty dollars in two years after my decease and after that time to be on interest until paid) all my home farm whereon I now dwell with all it appurtenances unto a division line between it and the other farm where Benjamin Turner Fleming now lives; and the said division line begins at a scrub white oak sapling, a corner of my other tract of land known by the name of Wood Bank, running from thence N. 2 E. 102 perches to a stabbed Spanish oak tree, then N.80 E. 102 perches to the center of the state road from the Maryland line across Grim Island and to Milford, the said road being one of my outlines, with the sum of one hundred and twenty-nine dollars and fifty-two cents, this being the balance of the sum of money he paid for his brother William Fleming, the above said land and money to him, the above said Nathan Fleming his heiars and assigns forever, and no more of my estate.

Item: I give and bequeath to my son Charles Turner Fleming the difference of sums of money, that is to say, the two hundred and fifty dollars that is to be paid by the above named Nathan Fleming and also the sum of the one hundred and fifty dollars to be paid him by his brother Benjamin Turner Fleming within two years after my decease, the different sums to be on interest after the expiration of two years after my decease provided they are not paid before that time, the above money to him, his heirs, and assigns forever and no more of my estate.

Item: I give and bequeath unto my son Benjamin Turner Fleming (by his paying unto his brother Charles Turner Fleming or his heirs the sum of one hundred and fifty dollars, with interest after the expiration of two years from the time of my decease, provided the same is not paid before that time) all my land lying on the east and north of the division line of the gift to my son Nathan Fleming with the plantation where he now dwells with all the appurtenances belonging to him, his heirs, and assigns forever, and no more of my estate.

And my will and desire is that my son Nathan Fleming shall take my Negro boy named David after my decease at the appraisement and pay that sum to over to my personal estate, the said David to serve him or his heirs until he shall arrive at the age of twenty five years, at that date of the presents David is thirteen years and six months old.

And further my will and desire is that Charles Turner Fleming, my son, shall take my Negro girl named Ann and a Negro boy named James at the appraisement after my decease and pay both the sums of money over to my personal estate, then they said Ann to serve him or his heirs until she arrives to the age of twenty-one tears - Ann is at the date of these presents ten years and six months old -; and also James is to serve him or his heirs until he shall arrive to the age of twenty-five years - James is at the date of these presents seven years and six months old. The above named Negroes, that is to say, David, Ann, and James, after they have served out their time aforesaid, are each of them to be free and at their liberty.

And further my will is that if I depart this life and leave any kind of crop of grain in the ground I now live on the crop is to be appraised in my personal estate.

And further my will and desire is that all my personal estate shall be sold by my executor at public sale (except the Negroes), then after my lawful debts and other expenses are paid the remainder of my personal estate, if there should be any remaining, is to be equally divided between my children, namely, Starlin Owens, Jane Bradley, Nathan Fleming, Charles Turner Fleming, Mary Dorman and Benjamin Fleming, to share and share alike.

And lastly I do appoint my son Nathan Fleming to be whole and sole executor of this my last will and testament, at this time revoking and disallowing any will or wills heretofore made by me.

In witness, whereof I, the aforesaid Benaiah Fleming, the testator, have to this my last will and testament on this sheet of paper set my hand and affixed my seal this twentieth day of August in the year of our Lord one thousand eight hundred and forty-one.

Benaiah Fleming (Seal)

Witnesses:

William H. Powell

James G. Redden

William Fleming Family by Francis Marion Brand