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Will of Mary Malseed of Philadelphia, PA, Dated 30 May 1862, Filed 26 Mar 1869

In the name of God amen.  I Mary Malseed of the City of Philadelphia in the Commonwealth of Pennsylvania widow of John Malseed deceased do hereby make publish acknowledge and declare my last will and testament in manner and form following to wit:

After the payment of all just claims if any against my estate I give and bequeath my gold watch and chain also one of my large parlor mirrors to and unto my daughter Anna N. Baggs wife of William Montgomery Baggs of California absolutely.

Secondly I give devise and bequeath all my undivided one fifth part of all that certain house and lot of ground situate on West Broadway in the City County and State of New York now or late numbered “24” in said street containing in front and rear nineteen feet and eight inches and in length or depth seventy five feet more or less being the same premises which my deceased husband John Malseed died seized of four undivided fifth parts and being the same premises of which my mother Ann McDonald died seized in fee and is part of the land formerly purchased by Effingham Embre from John Ireland and known and distinguished on the map thereof as lot No 147. To and unto my daughters Margaret Bell wife of Thomas Bell and the said Ann N. Baggs their heirs and assigns as tenants in common forever and it is my express will and intention that the estate hereby and herein devised and bequeathed to my said daughters shall not be subject to the marital rights of any husband they have or may hereafter have or take nor shall the estate herein devised and bequeathed be subject to the estate by the curtesy[1] but that the same shall be held used and enjoyed by them separate and appart[2] from their husbands to and for their sole and separate use no husband of either of my said daughters shall ever have any estate property right claim or control over the estate herein devised and bequeathed.

Thirdly I give devise and bequeath all the rest residue and remainder of my property real and personal of whatever nature or kind soeve[3] and wherever the same may be at the time of my decease to and unto my said daughter Margaret Bell her heirs executors administrators and assigns forever.

And lastly I nominate constitute and appoint my nephew Samuel Floyd executor of this my last will and testament.

In witness whereof I have set my hand and seal this 30th day of May AD eighteen hundred and sixty two.

Signed sealed acknowledged and declared by Mary Malseed the testatrix above named as and for her last will and testament in the presence of us who in her presence at her request and in the presence of each other have hereunto set our names and residences as witnesses.  Note the word “of” being first erased on the fourteenth line from the top of the first page.

Samuel Wilson             Mary Malseed      seal
Margery Mann                                    
Thomas W. Denney

Signed sealed acknowledged and declared by Mary Malseed that the above named codicil to be her last will and testament this June 9th 1864.
Robert T. Carter
Alderman

I Mary Malseed the testatrix within named do make this as and for a codicil to my foregoing last will and testament.

First I revoke the appointment of Samuel Floyd as executor of my said will and instead thereof I nominate constitute and appoint my nephew Harry K. Bennett to be the executor of my said will.

Secondly I revoke the residuary devise and bequest of all the rest residue and remainder of my property to my daughter Margaret Bell her heirs executors administrators and assigns and instead of such devise and bequest I give devise and bequeath all the rest residue and remainder of my property real and personal of whatever nature or kind soever and wherever the same may be at the time of my decease and not otherwise disposed of by my said will to and unto my said daughters Margaret Bell and Anna N. Baggs their heirs executors administrators and assigns forever as tenants in common.

And I hereby republish my aforesaid last will and testament except so much thereof as is hereby changed altered and amended.

In witness whereof I have hereunto set my hand and seal this 7th day of June Anno Domini one thousand eight hundred and sixty four.

Signed sealed acknowledged and declared by Mary Malseed the testatrix above named as and for a codicil to her last will and testament in the presence of us who in her presence at her request and in the presence of each other have hereunto set our names and residences as witnesses.

Margery Mann           Mary Malseed         seal
Thomas W. Denney

Unsigned memorandum
Philadelphia July 17th 1867.

I Mary Malseed this day give all my household furniture together with my clothing or wearing apparel to my daughter Margaret Bell some few articles of mine she is instructed to send to my daughter Anna N. Baggs now residing in California written in presence of my sister Margery Mann as witness.

Margery Mann  713 S 3d St.
Hermann H. Meyer
W H N

City and County of Philadelphia
Registers Office Mch 23d 1869

There personally appeared Margery Mann and Thomas W. Denney two of the subscribing witnesses to the foregoing last will of and codicil thereto of Mary Malseed deceased and on their solemn oaths did say that they were present and did see and hear Mary Malseed deceased and on their solemn oath did say that they were present and did see and hear Mary Malseed deceased[4] the testatrix therein named sign seal publish and declare the same as and for her last will and testament and that at the doing thereof she was of sound disposing mind memory and understanding to the best of their knowledge.

Margery Mann
Thomas W. Denney

Sworn and subscribed before me the date above
John H. Campbell
Dep Reg

City and County of Philadelphia
Registers Office Mch 26th 1869

I do swear that as the executor of the foregoing last will and testament, and that at the doing thereof, of Mary Malseed deceased I will well and truly administer the goods and chattels rights and credits of said deceased agreeably to law and that I will comply with the provisions of the law relating to collateral inheritance.

Sworn and subscribed before me the date above and letters testamentary granted unto him
H K Bennett

John H. Campbell   745  S  4th St.
Dep Reg

[1] Sic

[2] Sic

[3] Sic - soever.

[4] Duplicate text in original.

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Page last updated: 14 March 2007


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