John Daniel Durbin (1681-1774)
Maryland Wills, 1774, Volume 39, pp. 701-702
I, Daniel Durbin, of Baltimore County in Maryland, do make and ordain this my last will and testament in manner and form following.
First, it is my will and desire that all my just debts and funeral charges be paid and discharged by my executors hereafter named.
Also, it is my will that my beloved son, Thomas [William] Durbin, have my tract of land called Durbin's 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 Prichard's bond for the conveying to me my heirs or assigns two tracts of land the one called Obediah's Neutwic containing fifty acres and the Improved Neutwic containing also fifty acres I give and devise unto my beloved daughter, Avarilla Durbin, all my right interest and claim in the said two tracts of land and the appurtenatures thereto belonging except as is herein after accepted willing and desire that the said two tracts of land which the appurenatures thereto belonging be (but) the said James Prichard 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 such part thereof as I have heretofore disposed of to Charles Gilbert) to her, her heirs and assigns forever.
As I have heretofore sold to Charles Gilbert part of the two tracts of land by me purchased of James Prichard, and which has not been conveyed to me the quantity estimated to contain between three and four acres, and has been heretofore lain of to the said Charles, I do hereby order and direct that James Prichard do convey unto the said Charles Gilbert such parts of the land I purchased of him as had been by me heretofore sold that said Charles. And should it happen that James Prichard should die before said conveyance is perfected, I give and devise the said land sold by me 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 parcell of land to Robert Adair deceased called Durbin's Chance which is not conveyed to the said Adair. I do hereby impower and order if the deed for the same should not be made in my lifetime that my friend and relation Brent Mitchell Junior execute a deed agreeable to my bargain to the proper representative of the said 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 sole benefit and advantage of my said son Thomas the rent to be yearly received and reserved for him and paid him on his arriving at the age of twenty one years as aforesaid. And if it should happen that I die before my said son is sent 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 should arrive at age as aforesaid. And I do hereby appoint my said friend, 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 form 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 will and only will, in the witness thereof I have hereunto set my hand and affixed my seal this 19th day of January Anno Domini 1774.
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