Daniel Durbin (1725-1774) Will

Daniel Durbin (1725-1774)
Son of John Durbin (1681-1743) the brother of Samuel Durbin (1698-1752)

Husband of Ann "Nancy" Mitchell (1726-1760)
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Daniel Durbin of Baltimore County in Maryland do make and ordain this my last Will and Testament in manner and form following.  First it in my Will and Desire that all my just debts and funeral charges be paid and dis***** my executors hereafter named.

Also it is my will that my beloved son Thomas Durbin have my tract of land called Durbins Beginning containing sixty acres being the place whereon I now live with tract of land called Durbins Beginning with all the buildings and improvements thereon I give and devise unto my said son Thomas to him his heirs and assigns forever.

As I have James Pritchards land for the conveying to me my heirs or assigns two tracts of land the one called Obediahs Venture containing fifty acres and the improved Venture containing also fifty acres I give and devise unto my beloved daughter Avarilla Durbin all my right interest and gain in the the said two tracts of land and the appurtenances hereto belonging except as is herein after attested willing and desiring that the said two tracts of land with the appurtenances thereto belonging be by the said James Pritchard or his heirs conveyed unto my said daughter Avarilla and I do hereby give and devise unto my said daughter Avarilla the said two tracts or parcels of land (except **** part thereof as I have heretofore disposed of to Charles Gilbert) to her, her heirs and assigns forever.

As I have heretofore sold unto Charles Gilbert part of the two tracts of land by me purchased of James Pritchard and which has not been conveyed me the quantity estimates to contain between three and four acres as has be heretofore **** of to the said Charles I do hereby order and direct that James Pritchard do convey unto the said Charles Gilbert such part of the land I purchased of him as had sworn by me heretofore sold that said Charles and should it so happen that James Pritchard should died before the conveyance is perfected I give and devise the said land sold by my to the said Charles Gilbert and described as aforesaid to him the said Charles his heirs and assigns forever.

Also as I have heretofore sold a **** of land to Robert Adair deceased called Durbin Chance which is not conveyed to the said Adair I do hereby impower and order that if the deed for the same should not be made in my lifetime that my firend and relation Kent Mitchell Jr. execute a deed agreeable to my bargain to the proper representative of the said Robert Adair at anytime hereafter when legally required.   

Also it is my will and desire that on my decease my house I live in and the land thereto belonging be rented out by my friend Charles Gilbert for the best price that can be got until my son Thomas arrives at the age of twenty one years for the sole benefit and advantage of my said son Thomas the rents to be yearly received and reserved for him and paid him on his arriving at the age of twenty on years as aforesaid and if it should happen that I die before my said son is put to some trade it is my will and desire that my said friend Charles Gilbert bind out my said son Thomas to some good calling until he shall arrive at ages as aforesaid.  And I do hereby appoint my said firend Charles Gilbert the guardian of my said son and his estate.

Also I do hereby give and devise unto my beloved daughter Avarilla all the rest and remainder of my estate in every shape and from that it may consist to her, her heirs and assigns forever and I do appoint my said daughter Avarilla the sole executrix of this my last and only will in witness whereof I have hereunto set my hand and affixed my seal this 19th day of January Anno Domini 1774.

Daniel Durbin

Signed Sealed and Delivered by the Testator as his last Will & Testament at whose request and in whose presence we have subscribed our names as evidenced hereto

Amos Garrett

Nicholas Baker Jr.

Kent Mitchell Jr.

At the foot of this aforegoing Will and thus written **** Harford County *** on the 23 day of March 1774 came Amos Garrett, Nicholas Baker Jr. and Kent Mitchell Jr., subscribing evidences to the within last Will and Testament of Daniel Durbin and severally made oath on the Holy Evangelist of Almighty God that they saw the Testator sign and seal and heard him publicly 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 their several apprehensions of sound mind memory and understanding and that they severally subscribed their names as evidenced there in his presence at his request and in the presence of each other.

Sworn to before me the subscriber

I. Beale Howard Dep. C***

Harford County