St. Mary's County

In the name of God amen.

I Luke Gardner of St. Mary's County in the province of Maryland and being in perfect health and memory (thanks be to God) but yet calling to mind the uncertain condition of this trasitory life do make ordain and declare this my last will and testament by these presents - revoaking annulling and makeing void all wills by me formerly made whiter by word of mouth or in - writeing. Imprimis I give and bequeath my soul into the hands of Allmighty God that gave itt, and my Body to be decently buried in the earth according to the ceremonies of the Holy Roman Catholic Church believeing assuredly that I shall be saved by the morits death and possession of my redeemer and saviour Jesus Christ and that at the genl day of judgement my sould shall be united with joy eternally to possess the tKingdom of heaven prepared for the ----------- chosen of Almight God

Item my will is that all those debts and duties that I owe in right or conscience to any person or persons whatsoever be well and truly satisfied and paid ordered to be paid in convenient time after my de (death ?) Item I give and bequeath unto the Pastor of the Church at Newtown one thousand pounds of Tobacco, four hundred pounds of Tobacco and unto the Pastor living at the Gov'rs by name Mr Massey four hundred pounds of tobacco and unto Mr Careco living at the Chancellors found hundred pounds of Tobacco in token that I dye a Roman Catholique and ------------- the prayers of the holy Roman Catholick Church. Item I give and bequeath unto my everloving wife Elizabeth Gardiner my plantation and housing and all that tract of land of mine at Camoe Neck forever and St. Clements Iland the term of time that I have at my decease in it. I give and bequeath to my son Richard Gardner all that tract of land lying on the northside of Piscadaway creek in Charles County called by the name of Barberton Manno and with all the houseing theron to him and his heirs for ever and likewise one of my horses the which my said son Richard Gardner shall chose out of all my stock of horses to him forever - Item I give and bequeath unto my next eldest son John Gardner all that houseing and land of mine lying in the woods in St. Mary's County called St. John's to him and his heirs forever. Except three hundred acres thereof which I give and bequeath unto my son Luke Gardner to him and his heirs forever injoining my son Luke Gardner to take his said three hundred acres of land on the west side of ---------- branch running by the said tract of land called St. John's unto the head of St. Clements Bay but at which end of the said land the said Luke Gardner please to take it. Item I give and bequeath unto my son John Gardner all my right title and interest in a tract of land lyeing at the head of St. Clements Bay called St. John's Landing to him & his heirs forever.

Item I give and bequeath unto my son Luke Gardner all that tract of land of mine lying near the head of Chaptus Bay - called Hillilee and the landing by Chaptus Bay called Gardners Landing containing about two acres of ground with all the marsh that lyeth opposite to the said two acres called Gardners Landing to him and his heirs forever. Item I give and bequeath unto my son Luke Gardner to him & his heirs forever all that tract of land of mine called Gruindite with the Iland thereunto belong in Scitucite lying and being in Charles County near Matteiwoman: Item I give and bequeath unto my youngest son Thomas Gardner to him and his heirs forever all that tract of land of mine that lyoth up the branch of Piscidaway Creek the which I have a warrt. to resurvey and to make it up eight hundred acres and likewise my half of a tract of land that is betwixt my brother in law Mr Teichary ---- and F. to him and his heirs forever. Item my will is that immediately after my debts that I owe and my lega---- aforesaid are paid that then my ever loving wife Elizabeth Gardner and my four sons - Richard, John, Luke and Thomas Gardner make - choices of four sober honest men of their relations which shall divide all my personal effects whatsoever that they can or may come to the knowledge of into five equal parts all Except that here afore mentioned the which I have given unto my son Richard Gardner - Item my will is that immediately after the division of my personall estate and afd (aforesaid) that my everly loving wife Elizabeth Gardner have her fifth of my personal estate the which I give and bequeath unto her forever and that my eldest son Richard have immediately his part being the fifth part of my personal estaet so divided as afore mentioned the which I give and bequeath unto my three sons John Gardner, Luke Gardner and Thomas Gardner to each and every of them his fifth part of my personall estate divided as aforesdaid to them and their heirs forever. Item my will is that my children be not at age untill they attain unto the age of eighteen years and that they be not of age to sell or give any part or parcell of land untill they attain unto the age twenty and five years. Item my will is taht each of my sons know his own particular estate but not to possess any part of his estate until he attain unto the age of eighteen years and to to dispose of or sell any part of his land untill he attain unto the age of twentyfive years of age. Item my will is that if any of my aforesaid children should chance to dye before he attain unto the age of eighteen years that then his part of land and goods shall be equally divided amongst the rest of his brothers which are ------ to them and their heirs forever. Item I do constitute and appoint my son Richard Gardener overseer over the estate of my son Thomas Gardner in the behalf and for the pro--- of him the said Thomas Gardner until the said Thomas Gardner attains unto the age of eighteen years and then the said Thomas to have his estate in his own possession.

Item I do constitute and appoint my son John Gardner oversser over the estate of my son Luke Gardner when my son John Gardner do attain the age of eighteen years and that then the oversee and manage his said brother Luke Gardners estate until his said brother Luke Gardner do attain unto the age of eighteen years and then his said brother to have his estate in his own possession. Item my will is that my ever loving wife Elizabeth Gardner and my son Richard Gardner be guardians over the estates of my sons John and Luke Gardner for and in the behalfe and prof----- of them the said John and Luke Gardner until my said son John Gardner attain unto the age of eighteen years and then the said John Gardner to have his estate in his own possession and be guardian over his brother Luke Gardner as aforesaid. Item my will is that my three sons John, Luke and Thomas Gardner -------- at school and have such education as this countrey and their estates will afford them - untill they successively attain unto the age of eighteen years. Item my will is that if in la-- my eldest son Richard Gardner should dye before my youngest son Thomas Gardner cometh of age that then the next eldest son with his mother shall be guardians over the younger and so successively and if the mother and all the elder brothers should dye before the younger come to the age aforesaid then I constitute and appoint my brother in law Major Thomas Brooke guardian over my said youngest son Thomas Gardner and if in la-- my brother in law Major Thomas Brooke should dye before my youngest son come to the age afd then I appoint Thomas Brooke the eldest son of my brother in law Major Thomas Brooke to be guardian over the estate of my youngest son untill he attain unto the age of eighteen years.

Sealed        Luke Gaardner

Item my will is and I command all my children that they be obedient to their mother and to ask her advice in all their undertakeings that are of any consequence and if any differences should arise amongst them that they ------ ----- sober ----- ----- among their own relations to end all differences betwixt them that in no way's they go to law one with another. Item my will is that if any of my children before be cometh unto the age of twenty and five years should prove irrevent and stubborn and change his religiion that he be no Roman Catholick that then that part of his land and goods that doth appear of what I gave him shall be divided equally amongst his brothers to them and to their heirs forever. Item my will is that if my sons should chance all to dye before they come to age then I give and bequeath unto my everloving wife Elizabeth Gardner all my land and half the moveables belonging before to my said children to her forever and the other half of the moveables to be given as followeth (viz): one monity to the church the other monity to poor people such as my said wife shall think convenient to give it unto - and if my wife and children should all be dead before any of my children shall come to age then I give and bequeath all my land aforesaid unto my brother in law Major Thoms Brookes his children and the half of my moveable unto my god daughter Mary Brooke and the other half of my moveable to be divided as followeth (viz): one monety to the Pastor of Newtown Church and the pastor of St Mary's Church the other moneity to be divided amongst poor people to whom the said Pastors shall ---------- Testimony of this my last will and testament I hereunto put my hand and seal the fourth day of December in the year of our Lord God one thousand six hundred seventy and three - - - - - -- Luke Gardner Sealed

Sealed Signed and published
in the presence of
Robert Carvile
Clement Hill
Elizabet Rider
Richard T. Lankfores mark

And the said Robert Carvile further made oath that upon the sixth day of July ----- affidavit (viz): whereupon the judge here considreed that there being no executor in the will named, the said Luke Gardnder was dead as intestate and therefore ordered letters of sd --- to Elizabeth the widow of the said Luke to be committed and that Majr Thomas Brookes, Zachary Wade, William Hatton and Randall Hanson or any two of them be appraisers of the said estate and that Benjamin Solley or John Stone Gentl. do swear them and in regard Elizabeth the widdow of the said Luke is unable to travaile so fare as St Mary's ordered further that commission issue to Thomas Notley and Benjamin Solley Gentl to administer unto her the Oath of adm. and to take bond in double the vallue of the goods and chattells of the said Luke for her true ----- of the said goods & chattells which affidavit being forgotten to be recorded in its due place follows in these words as followeth: Robert Carvile of the City of St. Mary's Gentl aged thirty eight years or thereabouts being sworn and examimed before the