A copy of Francis Newman's will dated 26th September 1817 is illustrated below. The text has been transcribed as follows:
Last Will and Testament of Francis Newman September 1817
In the name of God Amen I Francis Newman of Charles County in the State of Maryland North America being weak in body but of sound and disposing mind do make and publish this my last Will and testament in manner and form following – Imprimis I give and bequeath to my dear sister Susan Bird Friers during her single life a Room in my house with my family – Item I give and bequeath to my dear wife Elizabeth Hanna Newman whose maiden name was Elizabeth Hanna Friers during her single life all my estate real personal and mixed wherever it may be in any of the United States of America And also all of those of my other estates & property real & personal debts dues and demands interest consolidated three percent Annuities and all other stock whatever belonging to me or which may hereafter belong to me in the Kingdom of Great Britain or to which I have or may hereafter have any claim and in the event of her marriage or decease I will that all my Estate as above described both real and personal be equally divided amongst my children to wit between Francis Newman Elizabeth Rachel Woodyer John Francis Newman Francis Hollis Newman Emily Newman Susan Bird Newman and Francis Olis Newman and any other child or children of mine who may hereafter be born to them their Heirs and Assigns for ever I hereby authorize and empower my said wife to compound and compromise any suits that may be pending in my name in any of the courts either of Law or Equity in the Kingdom of Great Britain Item I will and bequeath that my dear wife above named shall have full power and authority either by deed or will to appoint a Trustee or Trustees to receive the share or proportion of my estate that may belong to my daughters or either of them with the power to hold the said share for their separate use and support of my said daughter or daughters Item I will and direct that the property and money that I have given or paid over to my two first named children shall be considered as a part of their proportion of my estate to be paid over to them hereafter Lastly I constitute and appoint my dear wife Elizabeth Hanna Newman sole executrix of this my last will and testament hereby revoking all former Wills by me heretofore made. In testimony hereof I have hereunto set my hand and affixed my seal this 26th day of September Anno Domini 1817.
F Newman
Signed sealed published and declared by Francis Newman the testator as and for his last Will and testament in the presence of us who at his request and in his presence and in the presence of each other have subscribed our names as witnesses - Nicholas Stonesheet – John Weems – Charles Sewall.
Codicil
Francis Newman of Charles County in the State of Maryland having duly executed and published my last Will and testament date the twenty sixth day of September Anno Domini 1817 do hereby ratify and confirm same to be my last Will and testament but being anxious to make an addition to the said will do make execute and publish this as a codicil to my will. First I give and bequeath to my dear wife Elizabeth Hanna Newman the farm on which I live known by the name of The Grange containing about eight hundred acres to her and to her heirs forever In trust for the following purposes, to wit, to convey a fee simple estate in the said land to Wilfred Manning of Charles County agreeably to the terms of a contract entered into some short time since between the said Wilfred Manning and myself for the sale of the Grange Farm Item I give and bequeath to my dear wife Elizabeth Newman my tract of land called Benfield lying about two miles below Port Tobacco and also the land on such Francis Sewall now lives and which was purchased by me from the representative of the late Doctor Daniel ??infer containing in the whole about one thousand acres to her and to her heirs and assigns forever In trust for the following purposes, to wit, to sell and dispose of the same as soon as conveniently it can be done without a sacrifice and to apply the purchase money first to the extinguishment of any claim the United States may have on me, Secondly to satisfy all judgements against me And the residue to go according to the directions of my Will to which this is a codicil. In testimony whereof I have hereunto set my hand and affixed my seal this thirtieth day of September 1817.
F Newman
Signed sealed as a codicil to his last Will and testament by the testator in the presence of us who subscribe the same ??? at his request and in his presence and in the presence of each other the day and year above written - Nicholas Stonesheet – Mary Sewall – Ann Franklin.
Additional Codicil
In the name of God Amen I Francis Newman of Charles County and State of Maryland having duly made and executed my last Will and testament date the twenty sixth day of September 1817 and a codicil dated on the 30th day of September 1817 both which I ratify and confirm but being desirous to make an addition thereto do hereby make and execute the following as an additional codicil to be taken as and for a part of my last Will and testament. Imprimis I hereby authorize and empower my wife Elizabeth H Newman to execute any deed or instrument in Law conveying my right and property in and to certain lands lying in Charles County and by me sold to Hugh Cox and also to John A Dyer according to my separate contracts with them respectively to that effect upon their compliance fully with the terms of the said contract or agreement upon their parts. Item I give and bequeath unto my sister Susan Bird Friers the sum of one thousand dollars to be paid out of my estate at the expiration of one year from my decease. In the event of the death marriage or refusal of my wife to stand to and abide by this my last Will I hereby name and appoint my sister Susan Bird Friers and my son John Francis Newman to be my executrix and executor to this my last Will who shall thereupon have the all the same powers and authorities before delegated to my said wife and in the same event I hereby commit the guardianship and custody of my infant children namely Francis Hollis Newman Emily Newman Susan Bird Newman and Francis Olis Newman for and during their minority unto my sister Susan Bird Friers – in testimony whereof I have hereunto put my hand and the day and year aforesaid.
F Newman
Signed and published by the testator as a codicil to his Will in the presence of us who in his presence and in the presence of each other have hereunto signed our names – Francis Diggs – Charles Sewall – Catherine Sewall.
A typscript copy of this will was sent to me by Monica Peterson, one of Francis's g-g-g-g-g-granddaughers, at the bottom of which appears the following probate notes/records:
At the foot of the aforegoing will and Codicils are the following probates to wit:
Charles County Sct. 8th Mar 1818 Then came Elizabeth Hannah Newman executrix of Col. Francis Newman late of Charles County deceased and made oath on the Holy Evangely of Almighty God that the aforegoing instruments of writing is the true and whole last will and testament and Codicils of the said deceased that both came to her hands or possession and that she doeth not know of any other.
Test Humphrey Barnes, Register of Wills.
Charles County Sct. 8th Mar 1818 Then came Nicholas Stonestreet one [words missing: of the subscribing witnesses to the aforegoing will] of Col. Francis Newman late of Charles County deceased and made oath on the Holy Evangely of Almighty God that he did see the testator therein named sign and seal this will and that he heard him publish pronounce and declare the same to be his last will and testament that at the time of his so doing he was to the best of his apprehension of sound and disposing mind memory and understanding and that he together with John Weems and Charles Sewell the other two subscribing witnesses respectively subscribed their names as witnesses to this will in the presence of and at the request of the testator and in the presence of each other.
Test Humphrey Barnes, Register of Wills.
Charles County Sct. 8th Mar 1818 Then came Nicholas Stonestreet one of the subscribing witnesses to the aforegoing codicil of Col. Francis Newman late of Charles County deceased and made oath on the Holy Evangely of Almighty God that he did see the testator therein named sign and seal this Codicil and that he heard him publish pronounce and declare the same to be a Codicil of his last will and testament that at the time of his so doing he was to the best of his apprehension of sound and disposing mind memory and understanding and that he together with Mary Sewell and Ann Franklin the other two subscribing witnesses respectively subscribed their names as witnesses to this Codicil in the presence of and at the request of the testator and in the presence of each other.
Test Humphrey Barnes, Register of Wills.
Charles County Sct. 8th Mar 1818 Then came Francis Digges one of the subscribing witnesses to the aforegoing additional Codicil of Col. Francis Newman late of Charles County deceased and made oath on the Holy Evangely of Almighty God that he did see the testator therein named sign and seal this Codicil and that he heard him publish pronounce and declare the same to be a Codicil of his last will and testament that at the time of his so doing he was to the best of his apprehension of sound and disposing mind memory and understanding and that he together with Charles Sewell and Catherine Sewell the other two subscribing witnesses respectively subscribed their names as witnesses to this Codicil in [words missing: the presence of and at the request of the testator and in the presence of] each other.
Test Humphrey Barnes, Register of Wills.