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 In the name of God
Amen this second day of March One Thousand Seven Hundred
and Sixty Nine I Matthew Bayne of the county of
Westmoreland although weak in body yet of sound and
perfect memory thanks be to God therefore do constitute
make and ordain this my last will and testament in
manner and form as follows.
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Imprimis. I leave to
my loving wife the use of all my whole estate both real
and personal within doors and without during her
remaining a widow or otherwise til her death and after
her intermarriage or decease to be disposed of in the
following manner and form.
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Item. I give and
bequeath to my son William Bayn my tract of land that I
now live on which I purchased of William Bridges
deceased and also my Negro Wench named Nann and my Negro
Boy named Jeremy to him and his heirs forever.
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Item. I give and
bequeath to my son Caron Bayn all my lands that I
purchased of the Popes and also a tract of land that I
purchased of Nathaniel Butler; Except that my daughter
Sarah Vigour shall live upon the said tract of land that
I purchased of Nathaniel Butler as usual during her
widowhood and also my Negro man called Great Dick and my
Negro Wench named Jenny to him and his heirs forever.
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Item. I give and
bequeath to my son William Bayne my tract of land I
purchased of John Higdon and also my Negro man called
Dick and my Negro boy named Jesse to him and his heirs
forever.
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Item. I give and
bequeath to my son Richard Bayn my Negro boy named
Charles during of his natural life and after his decease
to return to his daughter Mary Bayn and her heirs
forever.
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Item. I give and
bequeath to my son John Bayn thirty pounds to be paid
him by my Executors within nine month after my Will is
recorded and it is my will and desire that my son John
Bayn shall have no more of my estate besides what I have
already given him.
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Item. I give and
bequeath to my son Daniel Bayn my Negro boy named Jack
during of his natural life and after his decease to
return to his daughter Ann Bayn and her heirs forever.
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Item. I give and
bequeath to my son George Bayn and my Negro boy named
Clark to him and his heirs forever.
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Item. I give and
bequeath to my daughter Sarah Vigour my Negro Wench
named Lucy during her natural life and after her decease
the aforesaid Negro Wench and her increase if any such
to return to the heirs of her body begotten by William
Vigour to them and their heirs forever.
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Item. I give and
bequeath to my daughter Amey Bridges my Negro boy named
Natt during her natural life and after her decease to
return to her son Matthew Bridges and his heirs forever.
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Item. I give and
devise to my daughter Elizabeth Bayn my Negro boy named
Toney and also my Negro boy named Tom to her and her
heirs forever.
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Item. I give and
bequeath to my two sons Matthew Bayn and Caron Bayn in
copartnership my still kettle and warmer (??) to them
and their heirs forever.
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Item. My will
and desire is that the profits that shall arise from the
labour of my slaves after my decease during the time
that my wife shall be possessed shall be solely at her
disposal to give to whomsoever she shall think fit.
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Item. I give and
bequeath all the remainder part of my estate not before
mentioned to be equally divided between my four children
Matthew Bayn Carol Bayn William Bayn & Elizabeth Bayn to
them and their heirs forever and my will and desire is
that my daughter Elizabeth Bayne should live and remain
in my mansion house as usual till her intermarriage.
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Item. My will
and desire is that if any of the legaties before
mentioned in my Will should die without an heir
Lawfully begotten of their bodies then the said legacies
devised to them should return and be equally divided
between my four children Matthew Bayn Carol Bayn William
Bayn & Elizabeth Bayn to them and their heirs forever.
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Item. It is my
will and desire that none of the aforementioned legacies
should be possessed or enjoyed by any of the persons to
whom they are devised till after the intermarriage or
otherwise the decease of my wife.
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Item. I appoint,
ordain & constitute my beloved wife Eleanor Bayn my son
Matthew Bayne and my son Carol Bayn to be my Executors
of this my Last Will and Testament I do hereby utterly
disallow revoke and disannul all and every other form
Will legacy and bequest by me before this time Will’d
and bequeathed ratifying and confirming this and no
other to by my Last Will and Testament. In witness
whereof I have hereunto set my hand and affixed my seal
the day month and year first above written.
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I acknowledge this to
be my hand & seal
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Matthew Bayn Senr
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Signed sealed
published
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& declared by the said
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Matthew Bayn as his
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Last Will & Testament
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In presence of
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George Payne
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William Berkley
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Charles (his X marks)
Poor
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I saw Matthew Bayn
Senr sign seal and acknowledge this will to be his last
will and that he was in his perfect sense & memory at
the time and I wrought the will agreeable to his
desire,
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Oct, 17th
1770
William Berkley
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William Berkley swore
oath to the above before me.
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John Martin
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At a court held for
Westmoreland County the 28th day of May
1771. This will was proved according to law by the
George Bayn and Charles Poor witnesses thereto and
ordered to be recorded and on the motion of Eleanor Bayn
Widow and executrix named in the said will who swore
oath thereto according to law and together with Caron
Bayn and Matthew Bayn for securities entered into and
acknowledged bond with conditions
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as the law directs
certificate is granted her for allowing a probate
thereof in due form Matthew Bayn and Caron Bayn the
other Exors named in the said Will personally appeared
and refused to take upon themselves the Burthen of the
Execution thereof.
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Transcribed by & Credited to P.
Pavilos
with many thanks!
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