FAZENBAKER, George
In the name of God, Amen. I George Fazenbaker of Allegany County and State of Maryland being weak and sick in body but of perfect and and sound disposing mind and memory, thanks be to Almighty God therefor, calling to mind the mortality of my body and knowing that it is appointed for all men once to die, do make, ordain and appoint this my last will and testament in manner and form following.
First and principally I commend my Soul into the hands of Almighty God who gave it in sure and certain hope of the resurrection from the dead by the might and power of our Lord and Saviour Jesus Christ and my body to be buried in a Christian like and decent manner and as touching such worldly substance wherewith it hath pleased Almighty God in this life to bless me with I give, devise and Dispose of the same in the manner and form following ~ It is my will and I do hereby order that all my just debts and funeral charges be fully paid and satisfied then
First I give and bequeath unto my dearly beloved wife Elizabeth Fazenbaker the whole of my personal Estate, that is to say, all my Household goods, farming utensils, stock of every kind to her her heirs and assigns forever ~ and also that my said wife Elizabeth shall have use, occupy, possess and enjoy during her natural life the whole of my real Estate, containing one hundred acres of land lying and being in the County and State aforesaid, known and distinguished by Lots number Three thousand eight hundred and fifty eight, three thousand eight hundred and fifty nine.
Secondly, I give devise and bequeath unto my sons and daughters hereafter named, that is to say, to Jacob Fazenbaker, to Sarah intermarried with Henry Clouse, to John Fazenbaker, to Elizabeth Fazenbaker, to Godfrey Fazenbaker, to Catherine Fazenbaker, to George Fazenbaker, to Conrad Fazenbaker and to Mark Fazenbaker, share and share alike all of my real Estate as mentioned above, only my son Jacob having received of me forty dollars and my daughter Sarah intermarried with Henry Clouse, having received likewise of me the like sum of forty dollars it is hereby to be understood that the said sums of money received by my son Jacob and daughter Sarah aforesaid be considered as part of their shares of the real estate above mentioned after my dear wife Elizabeth's decease to them their heirs and assigns forever. ~
And lastly I do hereby constitute and appoint my dearly beloved wife Elizabeth sole Executrix of this my last will & testament hereby revoking and disallowing all and every former will or wills by me made or done, ratifying and confirming this and none other to be my last will and testament in manner and form aforesaid. ~
In testimony whereof I the said George Fazenbaker have hereunto set my hand and seal this seventeenth day of October in the year of our Lord one thousand eight hundred and nine. ~ ~ ~
Signed, sealed, published, declared & pronounced }
by the said George Fazenbaker to be his last will }
and testament & that at doing the same he was and } George (his X mark) Fazenbaker (seal)
appeared to be in perfect & sound disposing mind, }
and memory & that we signed our names thereto at his }
request & in the presence of each other. ~ ~ }
Wm. Shaw }
James Wells }
Conrad Corbus }
Allegany County 12~ May 1810
Then came Elizabeht Fazenbaker and made oath &c. that the within Instrument of writing is the true and whole will of George Fazenbaker, dec^d, that hath come to her hands or possession
Sworn before
G. Bruce, Register
Allegany County 12~ May 1810
Then came William Shaw and James Wells, two of the subscribing witnesses to this will and made oath &c. that they did see the testator therein named sign and seal this will, that hey 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 their apprehension of sound disposing mind, memory and understanding and that they respectively subscribed their names as witnesses to this will in presence and at the request of the testator and in the presence of each other.
Sworn before
G. Bruce, Register
~Genie
Posted March 16, 2013
FAZENBAKER, Marcus
In the name of God Amen: I Marcus Fazenbaker of Garrett County, in the State of Maryland being in feeble health of body but of Sound and disposing mind memory and understanding considering the certainty of death and the uncertainty of the time thereof and being desirous to Settle my worldly affairs and thereby be the better prepared to leave this world when it shall please God to call me hence do therefore make and publish this my Last will and Testament in manner and forme[sic] following that is to say.
First and principally I commit my soul into the hands of Almighty God, and my body to the earth to be decently burried[sic] and after any debts and funeral charges are paid, I devise and bequeath as follows.
I give and devise to my dear wife Jane all of my Real Estate and persomnal[sic] property of whatever descrption[sic] during her natural lifetime and at her death my Son Oliver is to have the Farm which I now live on after he payes[sic] to my son Marcus M. Facenbaker[sic] the sum of One hundred and forty six dollars, to my Dauter[sic], Rebeca Fromhart the sum of two hundred dollars, and to my Daughter Nancy Michael the sum of Two hundred dollars, and to my Son Ephrain One Hundred dollars, and to my Son Oath One dollar and to my Sone[sic] Jessee One dollar and to my Dauter[sic] Sharlotte Patricks one dollar, and to my Son Jefferson one dollar, and to my dauter[sic] Smith (?? illegible) Wilson one dollar. And Should my Son Oliver die before my dear wife Jane, without any heires[sic] then the Farme[sic] is to revert back to the forementioned heires[sic].
In Testimony whereof I have hereunto set my hand and affixed my seal this 22 day of January in the year of our Lord One Thousand Eight hundred and Eighty Six.
Signed Sealed } Marcus Fazenbaker (seal)
published and declared }
in the presents[sic] of us }
who at his request in }
his presence and in }
the presence of Each }
other have Subscdribed our }
names as witnesses thereto }
Charles H. Foster }
Kelita Michaels }
State of Maryland, Garrett County to wit:
On this 25th day of May 1886 came Charles H. Foster and Kelita Michael, the two subscribing witnesses to the aforegoing Last Will and Testament of Marcus Fazenbaker late of Garrett County, deceased, and made oath in due form of law that they did see Marcus Fazenbaker the Testator therein named Sign and seal said will. That they 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 their apprehensions, of Sound, and disposing mind memory and understanding, capable of executing a valid deed or contract, and that they subscribed their names as witnesses to said will in the presence of and at the request of the testator and in the presence of each other.
Test Samuel Lawton Register
~Genie
Posted February 23, 2013
FESENMEIER, Mrs. Adelheit
In the name of God, Amen
I, Adelheit Fesenmeier, widow of Michael Fesenmeier, deceased, do make this my last Will and Testament, in manner following,- that is to say: After the payment of all my just debts and funeral expenses, I give, devise and bequeath my estate as follows: _____________
First, I give and devise all my estate, real, personal and mixed of every kind and wheresoever situated, unto my daughter, Theresa Fesenmeier, her heirs and assigns forever in trust, nevertheless to pay the net income and profits thereof, as follows: one-third thereof to Catherine Kearney, wife of John J. Kearney, during the term of her natural life, one-third thereof to George Fesenmeier, during the term of his natural life, and one-third thereof to herself, the said Theresa Fesenmeier, during the term of her natural life, and from and after the decease of any or all of them, as the same shall occur, then said property, to the extent of one third, is to vest in the heirs of said Theresa, one third in the heirs of George Fesenmeier, and one-third in Catherine Kearney's heirs absolutely. Said Trustee to have the power to sell any or all of said property and convert the same into money, and re-invest the same at her discretion. __________
Second, In case of death of said Theresa Fesenmeier, before the death of George Fesenmeier, it is my wish that the Circuit Court for Allegany County, in Equity, appoint a suitable person as trustee, in place of said Theresa, to carry out the provisions of said trust. ___________
Third, It is also my wish and request that no bond be given by or required of said Theresa Fesenmeier, either as trustee or executrix. ________________
Fourth, I do hereby appoint my said daughter, Theresa, to be the Executrix of this my last Will and Testament, hereby revoking all former Wills heretofore made by me,. ___________________
In Testimony Whereof, I have hereunto subscribed my name and affixed my seal this ____ day of August, in the year eighteen hundred and ninety nine.
Adelheit (her X mark) Fesenmeier (seal)
Signed, sealed, published and declared by the above named testatrix, as and for her last Will and Testament, in the presence of us, who, at her request, in her presence and the presence of each other, have hereunto subscribed our names as witnesses. _______________________
Douglas H. Bauer, Jno. J. Maguire
State of Maryland,
Allegany County to wit: On the 12th day of June, 1911 came Theresa Fesenmeir[sic], the Executrix named in the aforegoing last Will and Testament of Adelheit Fesenmeier, late of Allegany County, Maryland, deceased, and made oath in due form of law: that she received the said Will for safe keeping from the hand of Adelheit Fesenmeier, the testatrix, on or about the 10th day of August, 1899, the date of the signing and sealing thereof. And the said Theresa Fesenmeier further made oath: that the aforegoing Instrument of Writing, is the true whole last Will and Testament of the said Adelheit Fasenmeier[sic], deceased, that hath come to her hand or possession, and does not know of any other Will and Testament of the deceased aforesaid. ____________
Test: Hervey W. Shuck
Register of Wills
State of Maryland,
Allegany County, to wit: On this 13th day of June, 1911, came Douglas H. Bauer and John J. Magire, the two subscribing witnesses to the aforegoing last Will and Testament of Adelheit Fesenmeier late of Allegany County Maryland, deceased, and made oath in due form of law: that they did see Adelheit Fesenmeier, the testatrix, sign and seal said Will: that they heard her publish, pronounce and declare the same to be her last Will and Testament: that at the time of so doing, she was, to the best of their apprehensions of sound and disposing mind, memory and understanding, capable of executing a valid deed or contract, and that they respectively subscribe their names as witnesses thereto, at the request of Adelheit Fesenmeier, the testatrix, in her presence, and all in the presence of each other.
Test: Hervey W. Shuck
Register of Wills
Admitted to probate June 13th 1911
~Genie
Posted July 29, 2012
FESENMEIER, Michael L.
I, MICHAEL L. FESENMEIER, of Cumberland, Allegany County, Maryland, do hereby make, publish and declare my last will and testament as follows:-
I hereby cancel, annul and declare void any and all other wills or testamentary documents by me heretofore made.
After the payment of all my just debts and funeral expenses, I give, devise and bequeath all of my property and estate of every kind and wheresoever situated as follows:-
I give and bequeath the sum of Five Thousand Dollars ($5,000.00) as well as all the furniture and silverware belonging to me and now in her possession, to my daughter, Mrs. Adelheit Bradly, wife of Emmett Bradly.
I give and bequeath to my wife, *Bertha H. Fesenmeier, all the furniture, hangings, silverware, carpets and like articles in our home in Cumberland, Maryland, and also any automobile or other motor car which I may personally own at the time of my death.
All the rest and residue of my property and estate of every kind, wheresoever situated, I give, devise and bequeath to The Second National Bank of Cumberland, Maryland, a body corporate, IN TRUST NEVERTHELESS, with the powers and for the purposes hereinafter set forth:-
Said Trustee shall have full and complete power and authority to hold, manage, invest, sell, re-invest, pledge, mortgage, and in every other way deal with the property constituting said Trust Estate and shall have all power which may be necessary and proper for the control, preservation and management of the same, including the power to continue and conduct any business in which the same may be invested at the time of my death. Said Trustee shall not be restricted to such investments as are authorized for Trustees by law, or by the rules of any Court, and shall have full power to invest and re-invest in such businesses, securities or properties as to said Trustee may seem best, and to sell and re-invest or exchange all or any part of said Trust Estate or the businesses or securities or properties to which the same may be converted, whenever in the judgment of said Trustee it is proper so to do, and to make good, sufficient and lawful deliveries, whether by deed, assignment or otherwise, of any part or of all of said property, without the obligation of any purchaser or transferee to see to the application of the proceeds arising out of such a sale or transfer. I hereby declare it to be my desire and intention that no person having any interest under this will, and/or the trust created herein, shall have the right to have the said Trust Estate administered under the supervision of a Court of Equity, as provided in Chapter 501 or the Acts of 1929 or the State of Maryland. It is my desire and intention that the powers and rights herein given to my Trustee shall not be limited or abridged by any Court.
Said Trustee shall pay all taxes, levies, water rents, assessments, insurance, repairs, up-keep, interest on indebtedness and all other proper charges in respect of or connected with said property constituting said trust fund; and after the payment of all of the same, including a proper commission to itself for its services and all legal costs and expenses, if the same be necessary, shall hold and dispose of said trust fund as follows:-
For and during the life of my wife, Bertha H. Fesenmeier, said Trustee shall pay to her the sum of One Hundred Dollars ($100.00) a month, payable monthly, the same to be paid out of the net income from said trust property, and said Trustee shall hold so much of the corpus of said trust fund during the life of my said wife as it may deem necessary in order to pay her the monthly income of One Hundred Dollars ($100.00) as aforesaid.
The balance of the corpus of said trust fund shall be held by such Trustee only so long as it may think necessary and proper, of which it shall be the sole judge, in order to enable it to settle up my estate and manage my property and investments, so that the same shall be in shape for distribution as hereinafter provided without material loss to those entitled to receive the same and without seriously interfering with the management and conduct of any businesses or enterprises constituting my estate at the time of my death. When said Trustee shall have managed and arranged my said property and estate, so that the same may be distributed as hereinbefore indicated, then said Trustee shall pay or transfer the corpus of said trust fund (except so much thereof as it shall deem necessary to hold in order to pay my said wife the monthly income hereinbefore provided) to my daughter, Adelheit Bradly, my daughter, Mrs. Walter C. Distler, and my son Leo Fesenmeier, equally, share and share alike, each to receive one-third of the same to be hers or his absolutely. If any one of my said children at said time shall be dead, the share which he or she would have received if alive shall be paid or transferred to his or her issue if any per stirpes and not per capita. If any child of mine shall be dead without issue, then the share which he or she would have received if alive shall be paid or transferred to my surviving children equally share and share alike, or if they be dead to their issue per stirpes and not per capita. If at said time all of my children shall be dead without issue, then said trust fund shall be distributed among those who would have been entitled to receive the same under the law of the State of Maryland if I had died at such time intestate owning said trust fund.
Upon the death of my said wife, that part of the corpus of said trust fund held by said Trustee for the purpose of paying her the monthly income hereinbefore provided shall be distributed among my children, or their issue, exactly in the same manner as hereinbefore provided as to the other part of said trust fund.
Provided, however, that nothing hereinbefore contained shall be construed to mean or is intended to mean that the trust hereinbefore created shall continue or extend longer than or beyond the time of the death of the survivor or my said wife, Bertha H. Fesenmeier, my said daughter, Adelheit Bradly, my said daughter, Mrs. Walter G. Distler, and my said son, Leo Fesenmeier, at which time said trust shall in any event cease and terminate and any funds therein shall be distributed in the manner as hereinbefore set forth.
Not withstanding anything herein to the contrary, it is my will that all payments both of corpus and income to any of the beneficiaries herein named shall be made in their hand alone and not into the hands of any other, whether claiming by attachment, pledge, assignment, judgment, or in any other manner, and without power of any beneficiary to anticipate any payment.
I constitute and appoint The Second National Bank of Cumberland, Maryland, as Executor of this my last will and testament, and I give it power as such to sell any securities or property, real and personal, belonging to my estate for the purpose of satisfying any debts or discharging any legacy or for any other proper purpose without application to any Court, and no purchaser thereof shall be under any obligation to see to the application of any purchase money paid.
Witness my hand and seal this 26th day of September, 1930.
Michael L. Fesenmeier. (SEAL)
Signed, sealed, published and declared by the above named Testator as and for his last will and testament, in the presence of us, who at his request, in his presence, and in the presence of each other have hereunto subscribed our names as witnesses thereto; and said Testator for purposes of identification having also in like manner in our presence signed his name on the bottom of each of the three preceding type-written pages thereof.
Taylor Morrison.
Lewis M. Wilson.
A. Taylor Smith
Codicil to Last Will and Testament of Michael L. Fesenmeier.
I, MICHAEL L. FESENMEIER, of Cumberland, Allegany County, Maryland, do hereby make, publish and declare this the first codicil to my last will and testament, which was dated the 26th day of September, 1930.
In my said last will and testament, I use the following language in the paragraph beginning at the bottom of page two thereof:-
"For and during the life of my wife, *Bertha H. Fesenmeier, said Trustee shall pay to her the sum of One hundred Dollars ($100.00) a month, payable monthly, the same to be paid out of the net income from said trust property, and said Trustee shall hold so much of the corpus of said trust fund during the life of my said wife as it may deem necessary in order to pay her the monthly income of One Hundred Dollars ($100.00) as aforesaid."
I desire to change this provision so that my said wife, Bertha H. Fesenmeier, shall receive the sum of Two Hundred Dollars ($200.00) a [month] during her life instead of the sum of One Hundred Dollars ($100.00) a month as provided therein, and to that end and for that purpose I hereby change the language of said paragraph so that the same shall read as follows.
"For and during the life of my wife, Bertha H. Fesenmeier, said Trustee shall pay to her the sum of Two Hundred Dollars ($200.00) a month, payable monthly, the same to be paid out of the net income from said trust property, and said Trustee shall hold so much of the corpus of said trust fund during the life of my said wife as it may deem necessary in order to pay her the monthly income of Two Hundred ($200.00) as aforesaid.
I do hereby ratify, confirm, republish and declare my said last will and testament, dated the 26th of September, 1930, as aforesaid in all other respects except as changed by this codicil.
In Witness Whereof, I have hereunto set my hand and seal this 14th day of December, 1933.
Michael L. Fesenmeier. (SEAL)
Signed, sealed, published and declared by the above named Testator as and for the first codicil to his last will and testament, in the presence of us, who at his request, in his presence and in the presence of each other, have hereunto subscribed our names as witnesses thereto.
Nora Emerson.
Marie Bissett.
A. Taylor Smith
Sworn the 2nd August 1934 by Allan B. Spier, Trust Officer of the Second National Bank of Cumberland, Maryland, a corporation, the Executor
Proven 2nd August by Taylor Morrison, Lewis M. Wilson and A. Taylor Smith
Codicil proven 2nd August 1934 by Marie Bissett and A. Taylor Smith.
Admitted to Probate 3rd August 1934; Liber Q, folio 471 &c
*Bertha is Michael's second wife, whom he married in 1930, shortly before the date of his will. His first wife, and mother of his children, was Elizabeth, who died between 1920-30.
~Genie
Posted October 19, 2013
FIKE, Levi J.
In the name of God, Amen. I Levi J. Fike of Garrett County, in the State of Maryland, being in perfect health of body, and of sound disposing mind, memory and understanding, considering the certainty of death, and the uncertainty of the time thereof, and being desirous to settle my worldly affairs, and thereby be the better prepared to leave this world when it shall please God to call me hence, do therefore make and publish this my last will and testament, in manner and form following that is to say: First and principally, I commit my soul into the hands of Almighty God, and my body to the earth to be decently buried at the discresion[sic] of my executrix hereinafter named, after my just debts and funeral charges are paid, I devise and bequeath as follows:
Item. I give and devise unto my dear wife, Anna B. Fike all my estate both real and personal, that I may be possessed of at the time of my decease, during her lifetime or widowhood, and after death or remarriage, to my son Dorsy E. Fike, and his heirs and assigns, in fee simple.
2nd. I give and bequeath to my daughter Etta P. Fike one hundred dollars, and two good beds, to be paid one year after the death or remarriage of my said widow, and lastly, I do hereby constitute and appoint my dear wife, Anna B. Fike to be sole executrix of this mylast will and testament, revoking and annulling all former wills by me maded and confirming this and none other to be my last will and testament.
In testimony whereof, I hereunto set my hand and seal this 29th day of December, A. D. 1904
Levi (his X mark) Fike (seal)
Signed, sealed, published by the above named Levi J. Fike, as and for his last will and testament, in our presence, who at his request, in his presence and in presence of each other have hereto set our hands as witnesses hereto.
Wm. H. Thomas,
Jasper Fike
Geo. W. Fike
State of Maryland, Garrett County, to-wit:
On this 22nd day of August, 1925, came Anna B. Fike and made oath in due form of law that she does not know of any Will or Codicil of Levi J. Fike, late of Garrett County, deceased, othe[sic] than the aforegoing instrument of writing and that she received same from among testators private papers on or about the 13th of August, 1925.
Test: E. E. Friend, Register.
State of Maryland, Garrett County, to-wit:
On this 22nd day of August, 1925, came Jasper Fike and George W. Fike, tow of the subscribing witnesses to the aforegoing last Will and testament of Levi J.Fike, late of Garrett County, deceased, and made oath in due form of law that they did see the testator sign this Will; that they heard him publish, pronounce and declare the same to be his last Will and testament; that at the time of his do[sic] doing he was to the best of their apprehension, of sound and disposing mind, memory and understanding; and that they subscribed their names, as witnesses, to this Will at the request of the testator, in his presence and in the presence of each other.
Test: E. E. Friend
In the Orphans' Court for Garrett County:
The Court, after having carefully examined the aforegoing last Will and testament of Levi J. Fike, late of Garrett County, deceased, and also the evidence adduced as to its validity, orders and decrees, this 8th day of September, 1925, that the same be admitted in this Court as the true and genuine last Will and testament of the said Levi J. Fike, deceased.
Test; E. E. Friend, Register
~Genie
Posted February 28, 2013
FITZPATRICK, John
LAST WILL AND TESTAMENT JOHN FITZPATRICK
In the name of God, Amen, I, John Fitzpatrick of Allegany County State of Maryland, being in perfect health of body, And of sound and disposing mind, memory and understanding considering the certainty of death and the uncertainty of the time thereof, and being
desirous to settle up my worldly affairs, and thereby be the better prepared to leave this world when it shall please God, to call me hence,
do therefore make and publish this my last Will and Testament in manner and from following, that is to say –
First and principally, I commit my soul into the hands of Almighty God, and my body to the earth to be decently buried at the discretion of my executor herein-after named, after my debts and funeral charges are paid, I devise and bequeath as follows:
I give and devise unto Thomas Fitzpatrick my son, all my Real Estate in Allegany County Maryland consisting of three lots of ground in the town of Moscow in the County and state of aforesaid, and known as lots, numbered Eighty one, Eighty two, and Eighty three, with the improvements thereon. The same was conveyed to the said John Fitzpatrick by A. B. Shaw, and Mary M. Shaw, his wife, by Deed dated September Sixteenth AD 1885, for which deed reference is hereby made for more minute particulars.
And lastly, I do hereby constitute and appoint my son Thomas to sole executor of this my last will and testament, revoking and annulling all former wills by me heretofore made, ratifying and confirming this and none other to be my last will and Testament.
In testimony whereof, I hereto set my hand and seal this Twenty third day of January Anno Domino One Thousand Eight hundred and eighty six.
John Fitzpatrick X his mark
Signed, sealed, published and declared by the above named John Fitzpatrick as and for his last will and testament, in our presence, who, at his
request, in his presence, and in presence of each other, have hereto set our hands as witnesses thereto.
Cornelius S. Murphy
Thomas Ford
Henry
Hepburn
(Courtesy of Patti McDonald)
Posted
July 13, 2010
FITZPATRICK, John
LAST WILL AND TESTAMENT OF JOHN FITZPATRICK DECEASED
Filed for probate and record this 16” day of March 1889.
The miteir will was sworn to as to custody by Thomas Fitzpatrick the executor therein named and was sworn by C. S. Murphy and Henry Hepburn two of the subscribing witnesses thereto and was exhibited for probate and record and no objections thereto having been filed on any ca? entered the said will was this 19th day of March 1889 admitted to probate and record.
A.H. Dowden, Regr
(Courtesy of Patti McDonald)
Posted July 13, 2010
FOLEY, Thomas
I Thomas Foley, of Everets Tunnell, County of Garrett State of Maryland, being aware of the uncertainty of Life and in feeble health but of sound mind and memory, do make this my last Will and testament in manner following, to wit:
I Bequeath to my Wife Bridget Foley, all my Real and Personal Properties all money or any other properties that may be found belonging to me scattered or any other goods or chattels, to have to hold and use as she wishes untill[sic] her death. And then such of said properties or moneys that remain to be equally divided between my two daughters named respectively Margaret and Mary Foley.
Witness my hand and seal this 30th day of May - Eighteen hundred and eighty-nine. 1889 I further desire that no bond be required.
Thomas (his X mark) Foley (seal)
Witness
John F. Gilmore
Francis Faherty
Sworn 8 August 1889 by John F. Gilmore
Proven 8 August 1889 by John F. Gilmore
9 August 1889 by Francis Faherty
~Genie
Posted December 7, 2013
FOLK, Jonas J.
In the name of God, Amen. I, Jonas J. Folk, of Grantsville, Garrett County, Maryland, being of sound and disposing mind, memory and understanding, considering the certainty of death and the uncertainty of the time thereof, and being desirous to settle my worldly affairs and thereby be the better prepared to leave this world when it shall please God to call me hence; do therefore make and publish this my last will and testament, in manner and form following, that is to say, First and principally I commit my soul into the hands of Almighty God, and my body to the earth to be decently buried at the discretion of my Executor hereinafter named, And after all my just debts and funeral expenses are paid, I give, devise and bequeath to my several children sons and Daughters share and share alike in my estate, both personal and real estate which I may be possessed of at the time of my death, any of my Sons or Daughters that are or may be deceased at the time of my death, such Son or Duaghter leaving issue such issue or their child or children shall constitute one heir and share equally with my children that are living, any direct heir of mine leaving no children at their decease, such heirship shall be divided equally among the living children along with the residue of my estate, my wife Nancy Folk, who without cause has left my bed and board and is now living away from me, refusing to return, it is my will that she be not allowed to participate in my estate to any extent other or further than she would be allowed by law, deeming that to be her dower interest, and I hereby constitute and appoint my son Frank J. Folk, Executor or this my last Will and testament, he to furnish bond as set and called for by the Court, I also give him the right and power as such Executor to sell at private or public sale any or all of my property, personal and real estate dividing the proceeds thereof as heretofore stated, upon mutual agreement among all of my personal effects or their share of the same may be divided among themselves as they may agree. In witness whereof I have hereunto set my hand and seal this 15th day of Dec. in the year of our Lord 1921.
Jonas J. Folk (seal)
Signed, sealed, published and declared by the above named Jonas J. Folk, as and for his last will and testament, in our presence who at his request, in his presence and in the presence of each other have set our hands as witnesses hereto.
Witnesses. John O. Getty,
G. J. Gnegy.
State of Maryland, Garrett County, to-wit:
On this 31st day of August, 1925, came G. W. Diefenbach, Cshier[sic] of 1st State Bank Grantsville, Md., and made oath in due form of law that he does not know of any Will or codicil of Jonas J. Folk, late of Garrett County, deceased, other than the aforegoing instrument of writing and that he received same from the testator, for safe keeping on or about the 15th day of December, 1921.
Test: E. E. Friend, Register
State of Maryland, Garrett County, to-wit:
On this 31st day of August, 1925, came G. J. Gnegy one of the subscribing witnesses to the aforegoing last Will and testament of Jonas J. Folk, late of Garrett County, deceased, and made oath in due form of law that he did see the testator sign this Will; that he heard him publish, pornounce and declare the same to be his last Will and testment; 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 O. Getty subscribed their names, as witnesses, to this Will at the request of the testator, in his presence and in the presence of each other.
Test: E. E. Friend, Register
State of Maryland, Garrett County, to-wit:
On this 31st day of August, 1925, came Geo. W. Diefenbach and g. J. Gnegy, both of Garrett County, Maryland, and after being duly sworn, did depose and say that they were acquainted with J. O. Getty, one of the subscribing witnesses, to the last Will of Jonas J. Folk. deceased. said Will being dated the 15th day of December, 1921, that the said John O. Getty is now deceased; that they were well acquainted with the handwriting of said John O. Getty, and that his signature to said will as a witness is in his own proper handwriting and his genuine signature.
Test: E. E. Friend, Register
In the Orphans' Court for Garrett County:
The Court, after having carefully examined the aforegoing last Will and testament of Jonas J. Folk, late of Garrett County, deceased, and also the evidence adduced as to its validity, orders and decrees, this 31st day of August, 1925, that the same be admitted in this court as the true and genuine last Will and testament of the said Jonas J. Folk, deceased.
Test: E. E. Friend, Register
~Genie
Posted February 28, 2013
FOUTZ, Tobias
In the name of God, amen etc etc...............
I Tobias Foutz of Allegany County in the State of Maryland....................
I devise and bequeath as follows. to my Daughter Ida Willard Dawson Five dollars to my Daughter Sarah Caroline Seggie Five dollars and to my Daughter Mary Ellen Vincent Five dollars. And to my Son Isaac Foutz Five dollars and to my son John Wesley Foutz Five dollars and to my Son Clita Isreal Foutz Five dollars. And to my Daughter Mary Costello Five dollars and all of my remaining money after my Funeral expenses are Paid. to my Daughter Susan Jane Seggie
And lastly I do hereby Constitute and appoint George Seggie to be Sole AdministratorExecutor of this my last will and Testament revoking And Annulling, all former wills by me here to fore made. ratifying and Confirming this and none other to be my last will and Testament. in testimony whereof I here unto Set my hand and Seal this 16th day of March 1922.
Tobias his mark Foutz (seal)
Witnesses
Emery G Plummer (seal)
Johnson C Devore (seal)
Posted April 29, 2018 (transcribed as written ~Genie)
FRENCH, George
In the name of God Amen I George French of Allegany County and State of Maryland being in pretty good health of body and of sound and disposing mind mind[sic] memory and understanding and considering that I am old and cannot expect to live many years longer and being desirous to settle all my worldly affairs and thereby be the better prepared to leave this present world for a better whenever it may please Almighty God to call me hence do therefore make and publish this my last will and testament in manner and form following that is to say In the first place I commit my soul into the hands of Almighty God in Hope of salvation through the merits of my devine Redeamer[sic] Jesus Christ his blessed son and my body to the earth to be buried at the discretion of my Executor hereinafter to be named in a decent manner and after my debts and funeral charges are paid any[sic] my wifes[sic] thirds taken out I give devise and bequeath all my estate real personal and mixed (except my negro woman Grace) to my daughter Phebe my child by my last wife to her and her heirs forever haveing[sic] heretofore given to my eldest daughter Land and to her husband all I design for them Item It is my will and desire that my negro woman Grace above mentioned be absolutely free at my death.
Lastly I do hereby constitute and appoint my friend and neighbor Lenox Martin sole Executor of this my last will and testament In testimony whereof I have hereunto set my hand and affixed my seal this twenty ninth day of September in the year of Lord Eighteen hundred and twenty eight.
George French (seal)
Signed Sealed published and declared by George French the above testator as and for his last will and testament in the presence of us who at his request in his presence and in the presence of each other have subscribed our names as witnesses thereto.
Andrew Hile Deborah W. Martin Hannah S. Martin
Allegany County to wit
On the 12th day of October 1831 then came Lenox Martin and made oath on the Holy evengely of Almighty God that the foregoing instrument of writing is the true whole will and testament of George French late of Allegany County deceased that hath come to [his]hand and possession and that he doth not know of any other.
Test Charles Heck Register
To the Register of Wills of Allegany County
I Lenox Martin, Executor appointed by the will of George French late of Allegany County deceased do hereby refuse to administer on the estate of said deceased and do therefore renounce all my rights title and claim to said administration as witness my hand this 12th day of October 1831
Lenox Martin
Test Charles Heck
Allegany County to wit
On the 8th day of November 1831 then came Andrew Hile and Hannah S. Martin two of the subscribing witnesses to the foregoing last will and testament of George French late of Allegany County deceased and made oath on the Holy Evangely of Almighty God that they did see the testator therein named sign and seal this will and that they 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 their apprehension of sound disposing mind memory and understanding and that they together with Deborah W. Martin the other subscribing witness respectively subscribed their names as witnesses to this will in the presence and at the request of the testator and all in the presence of each other
=========Sworn before Charles Heck Register
~Genie
Posted July 20, 2012
FRENCH, James
In the year of our Lord A.D. 1815, February 13th ~
In the name of God Amen, I, James French of Allegany County State of Maryland, being very sick and weak in body but of perfect mind and memory, thanks be given unto God, calling into mind the mortality of my body and known that it is appointed for all men once to die, do make and ordain this my last will and testament, that is to say, principally and first of all I give and reccommend[sic] my soul into the hand of Almighty God who gave it and my body I recommend to the earth to be buried in decent Christian burial at the discretion of my Executors, nothing doubting but at the general resurection[sic] I shall receive the same again by the mighty power of God, and touching such worldly estate wherewith it hath pleased God to bless me in the life I give, devise and dispose of the same in the following manner and form. ~
First, I give and bequeath to Jane [Humberston] French, my dearly beloved wife, the sum of one hundred and fifty dollars for to be paid from Patrick Coulter, his heirs or assigns, coming due from him in the year of our Lord 1820.
Also I give and bequeath to my dearly beloved children my real property lying and being in the Commonwealth of the State of Pennsylvania and in the County of Bedford and in Providence Township, to be equally Divided amongst them all.
Signed, sealed, published, pronounced & declared by the said James French as his last will & testament in the presence of us who in his presence & in the presence of each other have hereunto subscribed our names.
Peter Krigbaum _Henry Wright _
Jacob (X-his mark) Koontz
February 25, 1815, Allegany County, to wit-:
Then came Peter Krigbaum and Jacob Koontz, two of the subscribing witnesses to the within last will and testament of James French, late of Allegany County, decd., and severally made oath on the Holy Evangels of Almighty God that they did see the testater therein named, sign and seal this will, and that they heard him publish, pronounce and declare the same to be his last will and testament, and that at the time of his so doing he was to the best of their apprehension of sound and disposing mind, memory and understanding, and that they respectively
subscribed their names as witnesses to this will in the presence and at
the request of the testater & in presenced of each other.
Sworn before
Geo. Bruce, Register
~~
"Will proven 25 February 1815 and filed the same day"
~Genie
Posted May 19, 2012
FRIEND, Andrew
In the name of God Amen, I Andrew Friend of Garrett County and State of Maryland being in delicate health of body but of sound and disposing mind and memory (praised be the Lord for the same) and being desirous of settling my worldly affairs while I have strength and capacity so to do, do make and publish this my last Will and testament that is to say
First I give and bequeath and devise my estate and property as follows, that is to say, first I give and bequeath and devise to my beloved wife Sarah Friend my home farm consisting of lot No 3281 and part of lot No 3280 [?3282?] and part of a tract of land called Salem, which lands are fully described by deed to me and Recorded in the land records of Allegany County Maryland for and during her natural life with all and everything of the personal property, which may in any wise belong to me at my deceased[sic] for her maintenance and support during her natural life.
Second to my elder son Joshua M Friend, I give and devise all the above mentioned farm or parcel of land contained in said farm or in any wise belonging to said deeds above refered[sic] to after the decease of my said Wife to him and his heirs forever.
Third to my second son Jonathan Friend I give and bequeath the sum of two hundred dollars to be paid to him one year after the decease of my said wife
Fourth, to my third son Joab Friend, I give and bequeath the sum of two hundred dollars to be paid him two years after the decease of my said wife.
Fifth to my fourth son Andrew C Friend I give and bequeath the sum of two hundred dollars to be paid him three years after the decease of my said wife.
Sixth to my grand Son Andrew T. Collins I give and bequeath the sum of two hundred dollars, to be paid him four years after the decease of my said wife and lastly I do hereby appoint Joshua M. Friend, to be the sole Executor, fo this my last will and testament hereby revoking all former will by me made.
In Witness Whereof I hereunto set my hand and seal this Eleventh day of October one thousand Eight hundred and Seventy three.
attest. Benj. Griffith.
Andrew Friend (seal)
Signed by said Andrew Friend as and
for his last Will and Testament in the
presence of us who in his presence and
in the presence of each other, and at
his request hereto subscribed our
names as witnesses
{Abraham S. Steele
(witnesses) {William A Coddington
{Benj Griffith
Feby 27 1877
Recorded Liber A, folio 64 of Wills
Sworn 19 March 1877 by Joshua M. Friend
Test: Wm L. Rawlings, Register
of Wills for Garrett County M^d^
~Genie
Posted August 10, 2013
FRIEND, Benjamin F.
In the name of God, Amen. I, B. F. Friend of Friendsville in Garrett County and State of Maryland, being in medium health of body and of sound and disposing mind, memory and understanding, considering the certainty of death, and the uncertainty of the time thereof, and being desirous to settle my worldly affairs, and thereby be the better prepared to leave this world when it shall please God to call my hence, do therefore make and publish this, my last will and testament, in manner following, that is to say:
First and principally, I commit my soul into the hands of Almighty God, and my body to the earth, to be decently buried at the discretion of my Executrix, hereinafter named.
After my debts and funeral charges are paid, I devise and bequeath as follows:
Item I give and bequeath to my beloved wife, Mary C. Friend, my lot of ground, whereon I now dwell, lying in the town of Friendsville, Garrett County, and State of Md. and containing Seventy eight and forty three, one hundreths Perches, and more fully described in deed from Mary S. Friend to Benjamin F. Friend Filed and Recorded March 25th 1904, in Liber E. Z. T. No. 46 folio 501, one of the Land Records of Garrett County, Md. together with all the buildings and improvements on said lot of ground.
Item I devise and bequeath all the rest and residue of my estate both real and personal including all moneys, notes, Mortgages or accounts to which I may die lawfully seized, unto my wife Mary C. Friend.
And lastly, I do hereby constitute and appoint my dear wife Mary C. to be sole Executrix of this, my last will and testament, revoking and annulling all former wills by me heretofore made, ratifying and confirming this and none other, to be my last Will and testament.
In testimony whereof, I hereunto set my hand and seal, this First day of August in the year 1906.
B. F. Friend (seal)
Signed, sealed, published and declared by the above named, B. F. Friend as and for his last will and testament, in our presence, who, at his request, in his presence and in presence of each other, have hereto set our hands as witnesses hereto.
T. C. Ringer
S. P. Friend
Wm. H. H. Friend
State of Maryland, Garrett County, to-wit:
On this 10th day of January, 1925, came Mary C. Friend widiow of B. F. Friend and made oath in due form of lae that she does not know of any Will or Codicil of B. F. Friend, late of Garrett County, deceased, other than the aforegoing insturment of writing and that she received same from the testator on or about the 1st day of August, 1906.
Test: E. E. Friend, Register
State of Maryland, Garrett County, to-wit:
On this 10th day of January, 1925, came Mary J. Friend of Garrett County, Maryland, and after having been duly seworn, did depose and say that S. P. Friend, one of the subscribing witnesses to the aforegoing last Will and testament of B. F. Friend, deceased, is now dead; and on being shown the signature of the said S. P. Friend, as a witness to said Will did ay that she was well acquainted with the handwriting of the said S. P. Friend, and that his signatureto said will, as a subscribing witness is in his own proper handwriting and is his genuine signature.
Test: E. E. Friend, Register
State of Maryland, Garrett County, to-wit:
On this 13th day of January, 1925, came Geo. D. Browning, and Walter G. Myers of Garrett County, Maryland, and after having been duly seorn, depose and say that they were well acquainted with Wm. H. H. Friend, one of the subscribing witnesses to the last Will and testament of B. F. Friend, deceased, that the said Wm H. H. Friend is now deceased, that they were well acquainted with the handwriting of said Wm H. H. Friend, and on being shown his signature as a witness to the said last Will of B. F. Friend, deceased, did say that his signature as witness to said Will is in his own proper handwriting and his genuine signature.
Test: E. E. Friend, Register
In the Orphans' Court for Garrett County:
The Court, after having carefully examined the aforegoing last Will and testament of B. F. Friend, late of Garrett County, deceased, and also the evidence adduced as to its validity, orders and decrees, this 27th day of January, 1925, that the same be admitted in this Court as the true and genuine last Will and testament of said B. F. Friend, deceased.
Test: E. E. Friend, Register
~Genie
Posted February 28, 2013
FRIEND, Joseph
In the name of God, Amen.
I, Joseph Friend of Garrett County, Maryland, being of sound and disposing mind, memory and understanding, do make, ordain, publish and declare the following my last Will and testament:
1. I direct that my debts and funeral expences[sic]be paid and that the place of my interment be suitably marked and enclosed.
2. To my son, Freeman C. Friend, I give Five Dollars.
3. To each of my grand children (except Mary C. Nethkin), who may be living at the time of my death, I give One hundred dollars, she the said Mary C. Nethkin, having been heretofore provided for by me.
4. To my son, Hanson B. Friend and daughters Mary C. Chisholm and Rebecca J. Chisholm, I give and bequeath all the rest and residue of my personal estate, to be equally divided between them share and share alike.
5. I direct that my executors hereinafter named shall give separate bonds as such executors.
6. And lastly, I hereby appoint the said Hanson B. Friend, Executor and the siad Mary E. Chisholm Executrix of this my last Will and testament- revoking and annulling all former Wills by me heretofore made ratifying and confirming this and none other to be my last Will and testament.
Witness my hand and seal this tenth day of December in the year eighteen hundred and eighty nine.
Joseph Friend of J. (seal)
Signed, sealed published and declared by Joseph Friend, the above named testator as and for his last Will and testament in the presence of us, who at his request, in his presence and in the presence of each other have subscribed our names as witnesses hereto.
I. I. Thompson
William J. Wilson
James (his X mark) Lee
I. O. Thompson
First Codicil
This is the first Codicil to the last Will and testament of me Joseph Friend of John, of Garrett County, Maryland, which is dated the tenth day of December in the year 1889.
Whereas Hanson B. Friend and Mary E. Chisolm was by my said Will nominated and appointed Executor and Executrix thereof, respectively, and Whereas for best reasons known to myself and which are sufficient to me, and with a view to prevent any discord among my own children I have determined to appoint another and disinterested person, to be my executor. Now therefore, it is my Will that Gilmor S. Hamill, of Oakland, Garrett County Maryland shall be substituted in the place of said Hanson B. Friend, and Mary E. Chisolm as Executor of said Will, with the same powers and authority as though hehad been originally named as my Executor therein in all other respects I confirm my aforesaid Will.
In testimony whereof I have hereunto subscribed my name and affixed my seal this eight day of May 1891
Joseph Friend (seal)
of John
Signed, sealed published and declared by the above named testator as and for his last Will and testament (and first Codicil)
in the presence of us, who at his request, in his presence and the presence of each other, have hereunto subscribed our names as witnesses.
I. I. Thompson
C. E. Hilleary
State of Maryland,
Garrett County, to wit:
On this 10th day of July 1894, came Gilmor S. Hamill and made oath in due form of law, that he does not know of any Will or Codicil of joseph Friend, late of Garrett County, deceased, other than the above instrument of writing and that he received the same from the said testator onor about the eighth day of May 1891.
Test: J. W. White
State of Maryland, Garrett County, to-wit:
On this 10th day of July 1894, came I. I. Thompson, one of the subscribing witnesses to the aforegoing last Will and testament and Codicil, of Joseph Friend of John, late of Garrett County, deceased, and made oath in due form of law, that he did see the testator sign and seal this Will and Codicil; that he heard him publish, pronounce and declare the same to be his last Will and Codicil; that at the times 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 William J. Wilson, James N. Lee, I. O. Thompson and C. E. Hilleary subscribed his name as a witness to this Will and Codicil, in his presence at his request and in the presence of each other.
Test: J. W. White, Register
State of Maryland, Garrett County to-wit:
On this 12th day of July 1894, came William J. Wilson etc. etc
On this 13th day of July 1894, came James N. Lee etc. etc.
On this 14th day of July 1894 came C. E. Hilleary etc. etc
On this 14th day of July 1894 came I. O. Thompson etc. etc.
~Genie
Posted February 28, 2013
FRIEND, Lucinda
Be it known to all men,
That I, Lucinda Friend, being sick in body but of sound mind, memory and undertanding and wishing to do right ~ and a my Mother is now taking good care of me and treating me with all the kindness that she possibly can, and now all that I can do for her is to authorise[sic] and request my Attorney Mr. Sincell to pay over the amount of money that will be due me when he collects it which is all the pay or satisfaction that I am able to give or make to her and this I do with all heart and only reget that I am not able to do more for her.
Witness my hand _ seal this tenth day January A. D. 1890
Lucinda (her X mark) Friend (seal)
Test: }
William McRobie }
Julia A. Lee }
State of Maryland
Garrett County to wit:
on this 11th day of February 1890, came William McRobie, and made oath in due form of law, that he does not know of any Will or Codicil of Lucinda Friend, lated of Garrett County, deceased, other than the above instrument of writing, and that he received the same from Lucinda Friend, on or about the 10th day of January 1890.
Sworn to in open Court,
Test: J. W. White, Register
State of Maryland, Garrett County, to wit:
on this 11th day of February 1890 came William McRobie, one of the subscribing witnesses to the aforegoing last Will and Testament of Lucinda Friend, late of Garrett County, deceased, and made oath in due form of law, that he did see the testatrix sign and seal this Will, that he heard her publish, pronounce and declare the same to be her last Will and Testament; that at the time of her so doing she was, to the best of his apprehension, of sound and disposing mind, memory and understanding; and that he together with Julia A. Lee, subscribed his name as witness to this Will in her presence at her request and in the presence of each other. Sworn to in open Court,
Test: J. W. White, Register
State of Maryland, Garrett County, to wit:
on this 6th day of May 1890, came Julia A. Lee, one of the usbscribing witnesses to the aforegoing last Will and testament of Lucinda Friend, late of Garrett County, deceased, and made oath in due form of law, that she did see the testatrix sign and seal this Will, that she heard her publsih, pronounce and declare the same to be her last Will and testament; that at the time of her so doing she was, to the best of her apprehension of sound and disposing mind, memory and understanding; and that she together with WilliamMcRobie subscribed her name as witness to this will in her presence at her request, and in the presence of each other, Sworn to in open Court
Test: J. W. White, Register
~Genie
Posted February 28, 2013
FRIEND, Stephen Willis
In the name of God, Amen,
I, Stephen Willis Friend Sen, of Garrett County, in the State of Maryland, being afflicted, but of sound and disposing mind, considering the certainty of death and the uncertainty of the time thereof, and being desirous to settle my worldly affairs and thereby be the better prepared to leave this world when it shall please God to call me hence, do therefore make and publish this my last Will and testament, in manner and form following, that is to say,
First and principally I commit my soul into the hands of Almighty God, and my body to the earth to be decently buried at the discretion of my Executrix hereinafter named, and after my debts and funeral charges are paid, I desire and bequeath as follows,
I give and devise unto Molinda Friend, (my younger daughter living) my "Plantation" whereon I now dwell known by the name of "Part of Western Territory" and one lot of land called "William Hoye's Neglect" containing one hundred and fifty four acres of land more or less in the two pieces or tracts, to her the said Molinda Friend her heirs and assigns.
Item, I give and devise unto my grand son Norman Willis Friend my Colt which is about eighteen months old.
Item, I give and devise and bequeath all the rest and residue of my personal property to my said daughter Molinda Friend, she shall pay the sum of Twenty dollars in money at the expiration of five years after my death to my son Stephen W. Twenty dollars after the expiration of Ten years after said time to my daughter Mary Abigail she shall pay to my son David H. Twenty dollars at the expiration of fifteen years after my demise and shall pay to my oldest son Ellis S. Twenty dollars after the expiration of twenty years after my death.
And lastly I do hereby constitute and appoint my daughter Molinda to be sole Executrix of this my last Will and testament, ratifying and confirming this and none other to be my last Will and testament.
In testimony whereof, I have hereunto set my hand and affixed my seal, this twenty fourth day of February, in the year of our Lord one thousand eight hundred and ninety.
Stephen W. Friend (seal)
Signed, sealed, published and declared by Stephen W. Friend, Sen, the above named testator, as and for his last Will and testament in the presence of us, who, at his request, in his presence and in the presence of each other have subscribed our names as witnesses thereto.
Joseph H. Friend
Florence L. Friend
D. H. Friend
Amos W. Savage
State of Maryland
Garrett County, to wit:
On this 10th day of January 1895, came D. H. Friend and made oath, in due form of law that he does not know of any Will or Codicil of Stephen W. Friend, late of Garrett County, deceased, other than the above instrument of writing and that he received the same on or about the 17th day of December 1894.
Test: J. W. White, Register.
State of Maryland,
Garrett County, to wit:
On this 10th day of January 1895, came Joseph H. Friend, Florence L. Friend, D. H. Friend and Amos W. Savage the subscribing witnesses to the aforegoing last Will and testament of Stephen W. Friend, late of Garrett County, deceased, and made oath, in due form of law, that they did see the testator sign and seal this Will, that they 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 their apprehension, of sound and disposing mind, memory and understanding; and that they subscribed their names, as witnesses to this Will in his presence, at his request and in the presence of each other.
Test: J. W. White, Register
~Genie
Posted March 23, 2013
FROST, Josiah, Senior
In the name of God, Amen, I Josiah Frost, Senior, of Allegany County and State of Maryland, Husbandman, being weak in body, but of perfect sound disposing mind and memory, thanks be unto God therefor, calling to mind the mortality of my body and knowing that it is appointed unto all men once to die, do make and ordain this my last will and testament, that is to say, principally and first of all I recommend my soul into the hands of Almighty God that gave it, and my body to the earth, to be buried in decent Christian burial at the discretion of my Executors hereinafter named, nothing doubting but at the General Resurrection I shall receive the same again my the mighty power of God. And as touching such worldly estate wherewith it has pleased God to bless me in this life, I give, devise and dispose of the same in the following manner & form.
First and principally I will and command that all my just debts and funeral charges be fully and justly paid and satisfied, then,
Secondly, I give and bequeath unto my dearly beloved son Isaiah Frost, his heirs and assigns forever, the following piece, parcel or tract of land lying and being in the County aforesaid and distinguished as follows, to wit, Beginning at the end of three perches on a line drawn North sixty two degrees, West from a bounded white oak standing on the North side of the Turnpike Road, and running North seventy four and one half degrees, East thirty one perches to the end of eighty perches on the first line of Lot 4088, then running said line North ten degrees, West ten perches to a stake, South Eight five degrees, East eleven perches, North twenty twenty six degrees, East forty eight perches to a stake standing about three fee from a Cucumber Tree marked six notches, then North sixty eight perches to the end of fifty two perches on the fourth line of Lot No. 4088 and with it North seventy nine degrees, West forty five perches to the end of the third line of a tract called "Good Luck" and with it West Eighty perches, North forty five degrees, West forty perches, West forty perches, South fifteen degrees, West twenty perches, to the centre[sic] of the road, then with the road South thirty one degrees, East seventy perches, South forty, two degrees, East forty perches, then leaving the road South forth eight degrees, West eight perches, South forty two degrees, East forty six perches, North forty three degrees, East twenty perches, North ten degrees, West fourteen perches, North forty three degrees, East twenty perches, North ten degrees, West fourteen perches, South eighty one degrees, East seven perches, South nine and one half degrees, East twenty one perches, South forty two degrees, East thirty perches, South twenty eight degrees, West six perches, then by a straight line to the beginning, be i more or less, also
I hereby give unto my son Isaiah aforesaid the use and benefit of a spring of water being on my son Meshacks land hereafter mentioned known by the name of Stophels Spring, without any let, hinderance or molestation to him his heirs and assigns. ~
Thirdly, I hereby give and bequeath unto my dearly beloved son Meshack Frost, his heirs and assigns forever, the following pieces, parcels or tracts of land lying and being in the County aforesaid and distinguished as follows: to wit, for the first piece or parcel beginning at the end of three perches on a line drawn North sixty two degrees West from a bounded white oak standing on the North side of the turnpike road and running North sixty two degrees, West twenty perches, North twenty eight degrees, East six perches, West twenty one perches to a stake North eighty one degrees, West seven perches to a stake, South ten degrees East fourteen perches, South forty three degrees, West twenty perches, North forty two degrees, West forty six perches, North forty eight degrees East eight perches to the entre of the road North forty two West forty perches, North thirty one degrees West seventy perches to the seventh line of a tract of land called "Good Luck" and with it South fifteen degrees West fifty perches South eighty degrees West thirty perches South forty four perches to the end of the third line of Lot No 3628, then South thirty degrees, East ninety four perches, then by a straight line to the beginning be it more or less. ~ ~ And for the second piece of parcel beginning at the above beginning and running North seventy four and one half degrees, East thirty one perches to the end of thirty perches on the first line of Lot No. 4088, and with it reversed North ten degrees, West ten perches to a stake, North eighty five degrees, East eleven perches, North twenty six degrees, East forty one perches East forty one perches, to a Chestnut tree marked six notches then South Eighteen degrees, West seventy perches, South thirty three degrees West twenty six perches to the end of twenty perches on the third line of Lot No. 3640, then with it North thirty six and one half degrees, West forty two perches, North sixty eight degrees West six and three quarter perches to the end of the first line of Lot No. 4088, then by a straight line to the beginning, be it more or less. ~ Also I give unto my son Meshack aforesaid the use and benefit of a spring of water being on my son Isaiah's land aforesaid know by the name of the Cold Spring without any let, hindrance or molestation to him his heirs and assigns.
Fourthly, I hereby give and bequeath unto my dearly beloved son Josiah Frost, his heirs and assigns forever, the following piece, parcel and tract of land lying and being in the County aforesaid and distinguish as follows, to wit, Beginning at the beginning of Lot No. 3629 and running South twenty one degrees, East one hundred and sixteen perches, South forty four degrees, West one hundred and six perches to a white oak, North forty two degrees, West thirty eight perches South forty four degrees, West nineteen perches to the end of the second line of Lot No. 3627, and with the third line North thirty six and one half degrees West twenty perches, North thirty nine degrees East twenty six perches to a stake, North eighteen degrees East seventy perches to a Chestnut tree marked with six notches, then West forty one perches to a stake North twenty six degrees East seven perches to a stake North sixty eight perches to the end of fifty two perches on the fourth line of Lot No. 4088 and with it reversed South seventy nine degrees East fifty two perches South twenty eight degrees West seventeen perches then by a straight line to the beginning be it more or less. Also the whole of a tract of land called "This or None", Nevertheless the saw mill and coal mine situated and being on this my son Josiah's part it is my will and pleasure and I do hereby ordain that my two sons, to wit, Isaiah and Mechack[sic], shall have shares alike in the said saw mill and Coal mine with my son Josiah, that is to say, each one third to them and their heirs and assigns forever. ~ ~ ~
Fifthly, I hereby give and bequeath unto my dearly beloved daughters and their issue the following legacies, to wit, to Catherine Davis, the sum of thirty four pounds seventeen shillings, current money, to my daughter Abigail Davis thirty five pounds twelve shillings of like money, to Elizabeth Stridiker thirty four pounds three shillings of like money, to my grand-children the descendents of my daughter Rebecca Porter, Decd., to wit, to James Porter, Josiah Porter, John Porter, Moses Porter, and Margaret Porter the sum of twenty six pounds, current money as aforesaid, that is to say, share and share alike, to be paid to them by my sons Isaiah, Meshack and Josiah Frost equally when they arrive at full age, to my daughter Mary Arnold the sum of twenty five pounds of like money, to my daughter Margaret Porter the sum of Fifty six pounds five shillings of like money, and to my daughter Ann Frost the sum of Fifty six pounds of like money, to be paid to them their heirs, Executors, Administrators or assigns, by my sons as aforesaid, each of them paying equal shares of the said legacies.
Sixthly, All my personal property I may die possessed of it is my will and pleasure and pleasure that my Executors divide the same equally, that is to say, share and share alike among my children and grand children, that is to say, my grand children above mentioned to have their dear Mother's part to them, their heirs and assigns forever. ~
And lastly, I do hereby nominate, appoint and constitute my sons Isaiah Frost, Meshach Frost and Josiah Frost Executors of this my last will and testament, hereby revoking and disallowing all and every other former testaments, wills, legacies, bequests or Executors by me in any wise before manner, willed and bequeathed, ratifying and confirming this and no other to be my last will and testament. ~
In testimony whereof I have hereunto set my hand and affixed my seal this thirtieth day of March in the year of our Lord one thousand eight hundred and thirteen and the thirty seventh year of our Independance[sic].
Signed, sealed, published, pronounced and }
declared by the said Josiah Frost to be his last }
Will and testament in the presence of us, who at }
his presence, in the presence of each other, and at } Josiah Frost (seal)
his request have subscribed our names hereunto. }
Wm. Shaw }
Wm. McNair }
John (his X mark) Porter of Henry }
Allegany County, the 28th day of August 1819.
Then came Meshack Frost and Josiah Frost, and on the 6th day of October 1819 came Isaiah Frost, and severally made oath on the Holy Evangely of Almighty God that the within instrument of writing is the true and whole will and testament of Josiah Frost, Senior, late of Allegany County, deceased, that hath come to their hands and possession, and that they do o know of any other.
Sworn before, Charles Heck, Register
Allegany County, September 3rd 1819
Then came William McNair, one of the subscribing witnesses to the within last will and testament of Josiah Frost, Senior, late of Allegany County, decd., and made oath on the Holy Evangels 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 their apprehensions of sound and disposing mind, memory and understanding, and that he subscribed his name as a witness to this will in the presence and at the request of the testator, and in the presence of the other witnesses. ~ And on the 12th day of October in the year aforesaid personally appeared George Bruce and made oath on the Holy Evangely of Almight God that the handwriting of William Shaw, one of the subscribing witnesses to the within will, who is now deceased, is the handwriting of the said William Shaw.
Sworn before, Charles Heck, Register
~Genie
Posted March 23, 2013
FRYE, Conrad
I Conrad Frye late of Greensbrugh[sic], Pennsylvania, being much debilitated in bodily strength, but being perfectly in my reason and understanding, do publish, pronounce and declare this to be my last will and testament,
I will and bequeath unto James Black of Allegany county, State of Maryland, one grey mare, one saddle, Bridle, Saddle Bags, Gold Watch, set of Shoemaker tools and Eight dollars and fifty cents Cash, it being all the property I have in Allegany County. ~
Given under my hand and seal this first day of August one thousand eight hundred and twelve. ~ ~
Witness present Dan. Collins } Conrad (his X mark) Frye (seal)
John Earsom }
Saml Young }
Proven by Daniel Collins October 13h 1812
Sworn before Geo Bruce, Register
~Genie
posted August 1, 2013
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