Last Will and Testament of Joseph Swann BEARD (1883); Baltimore County, Maryland

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              LAST WILL AND TESTAMENT OF JOSEPH SWANN BEARD

IN THE NAME OF GOD AMEN.  I, Joseph Beard of the City of Baltimore in the State 
of Maryland, being of sound and deposing mind, memory and understanding though 
in failing health, considering the certainty of death and the uncertainty of the 
time thereof and being desirous of settling my worldly affairs and of directing 
how the property with which it has pleased God to bless me, shall be disposed of 
after my death, 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 
being after named and after all my just debts are paid and my funeral expenses 
settled, I give, devise and bequeath as follows:

     Second, I give and bequeath unto my son Joseph S. Beard for and during his 
natural life and longer Twenty Thousand dollars of my Baltimore City stock upon 
which the interest is paid quarterly, so that he may be suffered and permitted 
during his life to receive and collect the interest and income to be derived 
therefrom, and from and immediately after the death of my son Joseph S. Beard, I 
give and bequeath the aforesaid twenty thousand dollars in city stock unto his 
children, John Joseph Beard, Hannah Josephine Beard, Margaret Fields Beard and 
Mary Laretta Beard, unto each five thousand dollars absolutely.  I also give and 
bequeath unto my son Joseph S. Beard absolutely the following described 
property: Our brick house in Baltimore City Maryland, Number 33 East Baltimore 
Street between Albermarle and High Streets.

     Third, I give and bequeath unto my daughter Mary Elizabeth Duncan, formerly 
the wife of John Caldwell (deceased), Executrix as hereafter mentioned, ten 
thousand dollars of my Baltimore City Stock upon which the interest is paid 
quarterly, to hold it in trust for the use and benefit of my son Charles Howard 
Beard.  I desire my said trustee to suffer and permit my son Charles Howard 
Beard to receive and collect the interest and income derived from said stock 
until he shall have arrived at the full age of thirty years when said trustee 
shall sell one third part of said stock and pay over to my said son Charles 
Howard Beard the proceeds thereof, or transfer him said third part of the stock 
as he may elect, after such sale or transfer.  I desire my Trustee to suffer and 
permit my said son Charles Howard Beard to collect the interest on the remaining 
two thirds of the said stock as before, until he shall have arrived at the full 
age of thirty five years, when said Trustee shall sell another third part of the 
stock and pay over to him the proceeds on transfer.  I desire my Trustee to 
suffer and permit my said son Charles Howard to collect the interest and income 
on the remaining third part as before until he shall have arrived at the full 
age of forty years when my said Trustee shall deliver over and transfer unto my 
said son Charles Howard the remaining third part of said stock absolutely.  But 
if my son the aforesaid Charles Howard Beard should die before attaining any one 
of the ages before mention, there in that case it is my will that my Trustee 
Mary Elizabeth Duncan shall retain said stock or any portion of it which may 
remain and any interest that may have accrued thereon to her own use and benefit 
absolutely or in case she be dead at that time, then I desire that said property 
be transferred to her personal representative and assigns.

     Fourth, I devise and bequeath unto my daughter Mary Elizabeth Duncan all 
the rest of my Baltimore City stock, all my bonds and mortgages, the balance of 
my real estate, all notes of hand and what ever rents and debts that may be due 
in at the time of my death, and in general, I give, devise and bequeath unto my 
said daughter Mary Elizabeth Duncan all the rest and residue of my property, 
real, personal or mixed, that is not otherwise disposed of.

     Finally and Lastly, I appoint and constitute my daughter Mary Elizabeth 
Duncan, formerly Mary Elizabeth Caldwell, sole Executrix of this my last will 
and testament, hereby revoking all other wills and testaments heretofore made by 
me and ratifying and confirming this which I again declare to be my last.  In as 
much as I have perfect confidence in my daughter Mary Elizabeth Duncan, I 
particularly request that she shall not be required to give any bond or security 
whatever for the performance of her duties as Executrix.  I hereby give her full 
authority to carry out all the provisions of this will, with or without 
application to the Orphans Court.  In Testimony whereof I hereunto set my hand 
and seal on this Fourth day of December in the year of Our Lord eighteen hundred 
and eighty three. 

                        Jos. Beard seal

     Signed sealed published and declared by the above name testator Joseph 
Beard as and for his last Will and Testament in the presence of us who at his 
request and in his presence and in the presence of each other have hereunto 
subscribed our names as witnesses thereto.  Baltimore County SS.  On this 28th 
day of April 1884 came Joseph C. Y. Duncan witness to the aforegoing last will 
and testament of Joseph Beard late of said county deceased and made oath on the 
Holy Evangely of Almighty God that he did see the testator sign and seal this 
will, that he heard him publish pronounce and declare the sawe to be his last 
will and testament, that of the time of his so doing, he was to the best of his 
apprehension of sound and disposing mind, memory and understanding, and at the 
same time cause Mrs. Mary E. Duncan made oath on the Holy Evangely of Almighty 
God that she is well acquainted with the signature and hand writing of the said 
Joseph Beard and she believes the signature to the aforegoing paper to be his.

           Test.  Thomas Phiel of Register of wills for Baltimore County

     Baltimore County SS on the 28th day of April 1884 came Joseph C. Y. Duncan 
and made oath on the Holy Evangely of Almighty God that he doth not know of any 
other will or codicil of Joseph Beard late of said c bounty deceased other than 
the above instrument of writing and that received the sawe from the testator on 
or about the 4th day of December 1880.

     Test.  Thomas Phiel of Register of wills of Baltimore County

     In the matter of the estate of Joseph Beard, Deceased

     In the Orphans Court of Baltimore County on April 29th 1884.  On the 
aforegoing affidavit of Joseph C. Y. Duncan and Mary E. Beard to the aforegoing 
paper writing.  It is ordered by the Orphans Court of Baltimore County that said 
paper writing be and at the same sawe is hereby admitted to probate as the last 
will and testament of Joseph Beard deceased as a will to convey personal 
property.

     Mark Melton    John Goutnum     B. Howard Gorsuch

     Exhibited, proved and filed by order of the Orphans Court of Baltimore 
County on the 29th day of April 1884.  Same day filed recorded and examined.

     Test.  Thomas Phiel of Register of Wills of Baltimore County