Person:Joshua Ewing (1)

Will of Joshua Ewing

Will of Joshua Ewing, written August 9, 1753, probated on August 16, 1753, and recorded in Cecil County, Maryland (Will Book Liber BB #2, Folio 125). A transcription appears in Chapter XXV of Margaret Ewing Fife's book, and the transcription is reproduced here for reader convenience:

In the name of God, Amen. I, Joshua Ewing of Cecil County and Province of Maryland, Yoeman, being in perfect mind and memory, calling to mind the mortality of this life and knowing that it is appointed for all men once to die, do make and constitute this my last Will and Testament in ye manner and form following, Viz.

First of all I recommend my Soul to ye hand of Almighty God that gave it, and my body to be buried in a Christian and decent manner at ye discretion of my Executors, nothing doubting but I shall receive ye same at ye Reserection by ye mighty power of God. And as touching ye worldly Estate wherewith it hath pleased God to bless me in this life, I order in ye manner and form following:

1st. I order all my just debts and funeral charges to be justly paid and discharged.

Item 2. I order and appoint my beloved wife, Jane, to have a third part of all my lands together with its improvements during her lifetime or widowhood. But if she marry she must leave it, taking for it ye yearly Dower of twelve pounds per annum "for no stranger shall ever inherit here", and this twelve pounds shall be paid in this manner, Viz: The inheritors of Borans Forrest and Addition to Success shall pay eight pounds equally betwixt them, and the inheritors of Dividing four pounds equally betwixt them.

Item 3. I order and appoint my daughter, Catherine, or her husband in and through her to have one hundred pounds value of goods or chattels, out of my whole moveable Estate, by way of Dower, whereof there is seventy-eight pounds already paid, and further I order her to receive twenty pounds more out of the said moveable estate by way of gift, to be paid at ye discretion of her mother or brothers when they can conveniently do it. And I hereby depose said daughter or her husband and their heirs of any power or right, either by law or equity, forever to claim any more either by legacy or Dower of or from me or my heirs forever.

Item 4. As touching ye rest of my moveable Estate I order my eldest son, Patrick Ewing, to have ye value of thirty pounds of ye goods as he shall choose, and ye remainder to be divided into five equal shares between my wife and four sons, Viz: Patrick, Robert, Samuel and Nathaniel, each of the five having an equal share.

Item 5. As touching my real Estate in land, I order and appoint my two eldest sons, Patrick and Robert Ewing to have ye Plantation I bought of Jared Nelson called Borans Forrest and Addition to Success. I appoint it to them and to ye lawfully begotten heirs of their body forever.

Item 6. I appoint my two youngest sons, Viz: Samuel and Nathaniel Ewing to have ye Plantation I now live on called ye Dividing, containing three hundred acres, and I order it to them and ye lawfully begotten heirs of their body forever.

And further I do hereby depose for ever all my four sons and their heirs of all power and authority forever to sell or alienate, or to sell, mortgage, or rent said lands. But in process of time, if they and their best friends see cause, they may sell one to another. But ye lands not to depart from ye family while there is a righteous or lawfully begotten heir to be found belonging to me.

And if any of my four sons die a minor before they come of age, his part I appoint to be equally divided among ye other three. But if Patrick or Robert die a minor his part of ye estate I appoint to be also equally divided only Samuel to succeed ye deceased brother in his part of ye land and said Samuel deliver up his right and title to ye part of ye Dividing to be equally divided among the three remaining brothers. Further, I also order and appoint ye there be no division made between my sons until the two eldest come of age or see cause to marry, and longer if possible.

I order and appoint [that] ye two plantations be subservient one to another both in meadow and in timber as occasion may require, and if they see cause to make any improvements by a mill on any of ye places, either before or after ye division, they must all be equal in the expense and equally in the benefits arising from thence.

I do hereby order and appoint my beloved wife and oldest son, Patrick to be my Executors, and further appoint James Porter, William Ewing, Snr. [Alexander Ewing's son] and John Ewing, Junr., be my guardians, to see that justice and equity be done.

And lastly revoking and disannulling all Will or Wills before made by me, I do hereby make and constitute this my last Will and Testament. As witness my hand and seal this Ninth day of August in ye year of our Lord, One Thousand Seven Hundred and fifty three.

[Signature] Joshua Ewing [Seal]

Margaret Ewing Fife adds the following comments:

This Will was signed, sealed and acknowledged in presence of John Ewing, and probated August 16, 1753, in Cecil County, Maryland.

On the back of the foregoing Will was thus written, Viz: Cecil County, August 16th 1753, John Ewing the subscribing witness to the within Will ... saw the testator, Joshua Ewing sign the within Will ...

The William Ewing, Sr. [mentioned in the will] is, surely, the son-in-law of Joshua Ewing [husband of his daughter Catherine] as we saw in the preceding Chapter XXIV. William Ewing Sr. was the eldest [son] of Nathaniel Ewing. William Ewing, Jr. was 3rd son of Alexander Ewing of THE LEVEL, Cecil Co., MD who died 1738. John Ewing, [the witness to the will], is the 2nd son of Alexander Ewing of THE LEVEL and was married with one child by 1753 as proven by family records. John Ewing, Jr. is one of the twin sons of Nathaniel and Rachel (Porter) Ewing. He was, at that time, almost 22 years old and said to be teaching in Dr. Allison's school there.

Source: Ewing Family Association Website

Notes

http://jimmcmcl.home.att.net/Chapter5.htm#ewing3761

5. Joshua Ewing {83} was born about 1704 in Ulster, Ireland. He was the son of William Ewing {78} and his second wife. Joshua died Aug 1753 in Cecil County, Maryland. He married Jane Patton {3769}. She was the daughter of Robert Patton {4325}. Her maiden name is based on a will of her father Robert Patton. His will was probated 4 Dec 1755, Lancaster County, Pennsylvania, Will Book B-1, page 116. He states in his will "to Daughter, Jean who married Joshua Ewing £55". Fife, p. 183.

Close In a much earlier document M. E. Fife had indicated that the wife of Joshua was Jane Gillespie, but in correspondence in 1995 she indicated the earlier Gillespie information was incorrect.

Joshua Ewing's birth is based on a Cecil County, Maryland Land Commissions records 1724-1751 in a deposition dated October 28, 1736, where he states he is about 32 years of age. His will is recorded in the Cecil County, Maryland Will Book 2 folio 125, and it is dated 9 Aug 1753 and probated 16 Aug 1753. In 1728, he purchased 600 acres called Dividing jointly with his half-brother Nathaniel.

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Known children of Joshua are:

+ 31. i. Patrick Ewing {3770}, born 1 Feb 1737/1738, died 11 Apr 1819.

32. ii. Robert Ewing {3771}, born 1739 in Cecil County, Maryland, died before 1780 and his death is based on Patrick Ewing paying the taxes in Fawn twp, York County, Pennsylvania for the sixty acres that Robert Ewing owned.

33. iii. Samuel Ewing {3772}, born about 1740 in Cecil County, Maryland, died 1817 in Russell County, Virginia.

34. iv. Nathaniel Ewing {3773}, born about 1741/1742 in Cecil County, Maryland. He married Rebecca Osborne {4326} about 1762 in NC. She was the daughter of Alexander Osborne {4327} and Agnes McWhorter {4328}. Nathaniel died 23 Aug 1822 in Christian County, KY. He moved to Prince Edward County, Virginia, then to Rowan and Iredell County, North Carolina. His last move was to Christian County, Kentucky.

+ 35. v. Catherine Ewing {3774}, born about 1735, died about 1794.

36. vi. Margaret Ewing {3775}. "She is not mentioned in the will of Joshua Ewing. Wills do not always contain the names of all children, however; and so I give this statement by Hon. W.H. Ewing regarding Margaret in this family for what it may be worth, Ewing, p. 182.

Close ." M E Fife in her book adds Margaret to this family but states she had died before 1753, when her father made his will.