Will of Aquilla B. Rice - 1869 - 1872, Allegany County, Maryland File contributed for use in USGenWeb Archives by Carol Ann Nida. augazelle@erols.com USGENWEB NOTICE: In keeping with our policy of providing free information on the Internet, data may be freely used by non-commercial entities, as long as this message remains on all copied material. These electronic pages may NOT be reproduced in any format for profit or presentation by other organizations. ************************************************************************ Aquilla B. Rice Maryland State Archives Microfilm CR 28-1,2,3 , Folio 40 ( page 40 in beginning of reel, after page 42) In the name of God, Amen, I Aquilla B. Rice of Allegany County in the State of Maryland, being weak in body, but of sound and disposing mind memory and understanding, do make ordain, publish and declare this to be my last will and testament in manner and form following, that is to say: First and principally I commit my spirit to the keeping of its merciful author and my body to the Earth to be decently buried at the discretion of my Executors herein after named and after the payment of my debts and funeral expenses, I devise and bequeath as follows: To my daughter Tacy Ash I give and bequeath twenty five dollars. To my dear wife Lucinda Rice I give devise and bequeath all the rest and residue of my estate both real and personal for during her natural life - and after the death of my said wife it is my will and I hereby direct Any Executors to sell and dispose of all of said estate and to divide the proceeds of Sales thereof equally among my five children viz: Priscilla Birchfield, Mary Ann Clites, Sarah E. Smith, William B. Rice and Tacy Ash, share and share alike. And lastly I do hereby constitute and appoint Robert Christie and David Clites Executors 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 witness whereof I have hereunto set my hand and seal this 31st day of March in the year of our Lord 1869. Aquilla B. Rice Signed, sealed published and declared by Aquilla B. Rice 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. William Beall O. P. Hendrickson James H. Clark In the name of God, Amen, I Aquilla B. Rice of Allegany County Maryland being in feeble health but of sound mind and memory do hereby, add this codicil to this my last will and Testament as recorded above namely: First I revoke so much of said will as doth appoint David Clites one of my Executors and in lien of the same I do hereby appoint John Hinkle of D? as the other Executor to act with Robert Christie whose appointment is hereby affirmed. I do hereby further will and desire that if in the judgment of my said wife as mentioned above shall find it inconvenient or undesirable to keep said farm She shall have the power with my Executors to sell all the property bequeathed to her in the foregoing will and invest the proceeds in some safe manner and if the interest is not sufficient to maintain her comfortably, she shall appropriate so much of the principle thus invested as shall render her a fair support. Aquilla B. Rice Signed sealed published and delivered by Aquilla B. Rice the above named testator as a faithful codicil to his last will and testament in the presence of us and in his presence and in the presence of each other have subscribed our names as witnesses thereto this 18th day of June 1872. William Beall James H. Clark O.P. Hendrickson State of Maryland Allegany County to wit: On this 27th day of August 1872 Came Robert Christie one of the Executors named in the a foregoing last will and testament of Aquilla B. Rice, late, of Allegany County deceased and made oath in due form of law that the a foregoing instrument of writing is the true whole last will and testament of said deceased that hath come to his hands or possession and that he does not know of any other. Test - Elijah Fuller - Register State of Maryland Allegany County to wit: On this 27th day of August 1872 Came William Beall, James H. Clark, and O.P. Hendrickson the three subscribing witnesses to the a foregoing last will and testament of Aquilla B. Rice late of Allegany County deceased and to the codicil thereto and made oath in due form of law that they did see 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 despairing mind, memory and understanding capable of executing a valid deed or contract and that they respectively subscribed their names as witness to said will at the request of the testator in his presence and all in the presence of each other. Test - Elijah Fuller - Register