Will of Sarah Twigg (Allegany Co. MD - Will B35) Made: 11/10/1846 Probated: 6/30/1851 File contributed for use in USGenWeb Archives by Sharon Banzhoff. shabanz@intrepid.net 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.
_________________________________________________________________________ Note: No corrections have been made to spelling, punctuation or grammar. Sarah was the 2nd wife of John McElfish Twigg m. around 24 Nov. 1842 She was the widow of Isaac Ward and the daughter of Richard Burgess & Mary Gassaway. In the name of God Amen I Sarah Twigg of Allegany County in the State of 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 wordly affairs do 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 to 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 my debts and funeral expenses are paid I devise and bequeath as follows: I will and devise that all my negro men and boys, slaves, be free at the age of forty five years and that my negro slaves (females) be free at the age of thirty five years. And it is my will and desire that as soon as convenient after my death, my executor shall sell all my negro slaves at public or private sale, the males to serve until they arrive at the age of forty five and the females until they arrive to the age of thirty five years, being the time at which I devise and will them free as aforesaid and that said slaves be sold to persons living within the limits of the State and not for the purpose of being removed to the South or parts beyond the limits of the State of Maryland. Item I will and devise the proceeds of the sale of the negroes aforesaid, together with all money and personal property whatever unto my executor hereinafter named in trust for the use and benefit of my Grandaughter Sarah Ellen Stallings, the daughter of Eliza Stallings formerly Eliza Ward and for the use and benefit of such other children as my daughter Eliza Stallings may hereafter have, to hold the said property in equal shares for such Grand-children. Item And it is my will that my said executor shall and he is hereby directed to invest all money in hand proceeds of negroes and all personal property in good judgments in Allegany County Court the interest of said judgments to be paid to said executor annually. Item It is my will that when my said Grandaughter Sarah E. Stallings shall arrive at the age of twenty one years and her mother Eliza Stallings shall have no child or children then living, that my executor pay and make over to said Sarah E. the money, judgments and personal property then in his hand and which is devised to said Sarah E. by this my will, but should her mother Eliza Stallings have a child or children other than the said Sarah E. then my executor shall make over or pay an equal share of said property money or judgment and the shares of such other child or children to be paid and made over as he, she or they shall arrive at the age of twenty one years. Item It is my will and desire that in the event that my daughter Eliza Stallings should die leaving no child surviving her and my Grandaughter Sarah E. Stallings should die without issue then all the money, judgments and personal property aforesaid shall be the property of my niece Sarah the daughter of Alfred Burgess my deceased brother, and Richard Burgess the son of Joseph Burgess also my brother Joseph Burgess, being now a resident of Perry County Ohio. Item I will and devise that all my household furniture be devised to my daughter Eliza Stalling the same to be held by her for the use and benefit of my said Grandaughter Sarah E. Stallings and should my said Grandaughter die unmarried and without issue then I bequeath said house- hold furniture to my said daughter Eliza Stallings. Item It is my will and desire that my executor in his discretion may use and appropriate any part of the money and property herein devised to my Gran-daughter Sarah E. Stallings for her maintenance and education. And lastly I do hereby constitute and appoint my friend Elias Wilson of Allegany County executor of this my last will and testament revoking and annulling all former wills and confirming this to be my last will and testament. In testimony whereof I set my hand and affix my seal this tenth day of November in the year of our Lord eighteen hundred and forty six. her Sarah X Twigg seal mark Signed, sealed, published and declared by Sarah Twigg, the above named testatrix as and for her last will and testament, who at her request and in their presence of each other have subscribed our names as witnesses thereto. John Piper, Jr. John Johnson Sally Piper *************************************************************************** To the Register of Wills of Allegany County: I, Elias Wilson, the appointed executor of the last will and testament of Sarah Twigg, late of Allegany county, deceased, to hereby refuse to act as executor to said will, by virtue of said appointment, and therefor renounce all my right, title and claim to said executorship, accordingly, desiring at the same time, that letters of Administration with the will annexed may be granted to some other person - as witness my hand this 15th day of July, 1851. Elias Wilson Test -- W. R. McCulley, Rep. ******************************************************************* Maryland, Allegany County, to wit: On the 30th day of June 1851, came Elias Wilson, and made oath on the Holy Evangely of Almighty God, that the within instrument of writing is the true, and whole will and testament of Sarah Twigg, late of Allegany County, deceased, that hath come to his hand or possession, and that he doth not know of any other. Test-- W. R. McCulley, Register ************************************************************************** Maryland, Allegany County, to Wit: On the 28th day of June, 1851, came John Piper, Jr. and Sally Piper, two of the subscribing witnesses to the foregoing last will and testament of Sarah Twigg, late of Allegany county, deceased, and made oath on the Holy Evangely of Almighty God, that they did see the Testatrix therein named sign and seal this will; that they 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 their apprehensions, of sound and disposing mind, memory and understanding, and that they respectively subscribed their names as witnesses to said will, in the presence and at the request of the Testatrix, and that they did also see John Johnson the other subscribing witness sign his name as witness to said will at the request of the Testatrix, in her presence, and all in the presence of each other. Test-- W. R. McCulley, Register