Will of Araminta WINDER 1844: Baltimore County, Maryland Contributed by Ann Winder ************************************************************************* USGENWEB ARCHIVES NOTICE: These electronic pages may NOT be reproduced in any format for profit or presentation by any other organization or persons. Persons or organizations desiring to use this material, must obtain written consent of the contributor, or the legal representative of the submitter, and contact the listed USGenWeb archivist with proof of this consent. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. http://www.usgwarchives.net ************************************************************************* Will of Araminta Winder of Baltimore County, MD (C-7), Registered 13 June 1845, Franklin County, OH: I Araminta Winder of Baltimore County and State of Maryland do make and declare this instrument of Writing to be my last will and testament. To my dear children I give and bequeath the following articles which I desire them to keep as a small memento of their mothers regard, and are therefore not to be subject to any of the limitations, conditions and Trusts hereinafter expressed in relation to my other property, to wit, To my daugthter Mary Stoughton Winder, three portraits, half a dozen Table Spoons marked W, two Salt Spoons, One pair Sugar Tongs, marked E.S.B., and one silver knife and fork, To my Daughter Sally Rogers WInder, six table Spoons, marked S.R. four tea spoons, marked S. R. and one Butter Knife - To my daughter Araminta Sidney WInder, One GOld Watch, One cream jug, One dozen tea spoons, marked H.H.B. and one silver knife and fork - To my Daughter Lydia Hollingsworth Winder, one soup ladle marked H.H.B., one silver Strainer, Two Small Ladles and one pair salt spoons. I will, order and direct that all the rest, residue and remainder of my personal Estate be sold by my Executors hereinafter named, for hte purpose of paying such Debts as may be justly due by me at the time of my decease, and should my personal property so ordered to be sold not be sufficient to discharge all the Debts I may owe, then I order and direct my Executors to sell so much of my real Estate as will fully pay off all Debts, due by me, and I authorise and empower my said Executors to sell the said personal Estate, and the said real Estate, either at public or private sale as they may deem best, and at such time and upon such terms as they may think most judicious, and I hereby authorise and empower my Executors to convey and assign by good and sufficient Deed and Deeds such part of my Real Estate as they may deem necessary to sell for the full payment of my just Debts as afresaid, - all the rest, residue and remainder of my Estate of every kind and description whatsoever whether real personal or mixed, and wheresoever situated or being, which I amy own or have any right or title to at the time of my decease, including any balance which may be in the hands of my Executors after payment of my Debts. I give, devise and bequeath to John W. Ward and Thomas A. Emory and their successors to be appointed in the manner hereinafter provided, and to be held by them the said John W. Ward and Thomas A. Emory, and their successors as afresaid forever, in trust however and subject to all the conditions, uses, limitations and trusts, herein after provided and contained in relation to the same, that is to say: that they will divide all my Said Estate into four equal parts or shares as near as can be, as such perior or periods as they may deem most proper and judicious but until such division be made, they and their successors are to hold my said Estate in trust for the same uses and purposes in every respect, and subject to the same conditions and limitations as are hereinafter mentioned and expressed in relation to said Estate when divided into four equal parts or shares as aforesaid. First. One fourth part or share of my Estate as aforesaid to be held by the said Trustees and their successors for the following uses and purposes, that is tosay, the interest and income thereof to be for the sole, exclusive and separate use and benefit of my daughter Mary Stoughton Winder, during her life, and to be at all times free from and clear of the power or control of any husband she may at any time have, and free from and without any liability for the Debts, contracts or engagements of any husband she may have. Second. One other fourth part or share of my Estate as aforesaid to be held by the said Trustees and their successors for the following uses and purposes, that is to say, the interest and income thereof to be for the sole, exclusive and separate use and benefit of my daughter Sally Rogers Winder during her life, and to be at all times free from and clear from the power or control of any husband she may have, and free from and without any liabilities for the debts, contracts or engagements of any husband she may have. Third. One other fourth part or share of my Estate as aforesaid to be held by the said Trustees and their successors for the following uses and purposes, that is to say, the interest and income thereof to be for the sole, exclusive and separate use and benefit of my daughter Araminta Sidney Winder during her life, and to be at all times free from and clear from the power or control of any husband she may have, and free from and without any liabilities for the debts, contracts or engagements of any husband she may have. Fourth. One other fourth part or share of my Estate as aforesaid to be held by the said Trustees and their successors for the following uses and purposes, that is to say, the interest and income thereof to be for the sole, exclusive and separate use and benefit of my daughter Lydia Hollingworth Winder during her life, and to be at all times free from and clear from the power or control of any husband she may have, and free from and without any liabilities for the debts, contracts or engagements of any husband she may have. And it is my express will and desire, and I do so order and direct that all and every part of my Estate which my said four Daughters or either of them may at any time acquire or be in any manner or way entitled to under or by virtue of this my last Will and Testament and all and every desire or bequest made to my said daughters or either of them in this will or any interest or benefit which they may respectively in any manner or form or at any time or upon any contingency or events happening acquire or be intitled to i__ by virtue of any devise or bequest in this Will contained, is upon this further express condition, limitation and restriction, that is to say, that it shall all be held by the said Trustees and their successors forever, for and during the term of the natural lives of my Daughters respectively. The interest or income of each Daughter One fourth part or share as aforesaid to be paid to such daughter for her sole and separate use during her sife, and to be free from the power and control and without any liability for the debts, contracts or engagements of any husband she may at any time have, and for which payments her receipts alone are to be an acquitance to said Trustees or their successors. And from and after the death of such Daughters, the said one-fourth part or shares the interest or income of which is given to her for life as afresiad is to be held and continued in further Trust by the said Trustees and their successors, to and for such person or persons, and with such limitations and conditions as such Daughters may by her last Will and Testament, or by any instrument of Writing in the nature of a last Will and Testament, notwithstanding any coverture she may be under executed in the presence of three or more witnesses, name, limit and appoint to take the ___ provided, however such Daughter shall be of the age of Twenty one years or upwards at the time of the execution of such Will or instrument of Writing but in case such daughter should die under the age of Twenty one years [copier missed some text here] leave a child or children living at the time of her decease, such child or children shall then take and be entitled forever to the said one fourth part or share intended for such daughter, and in case any of my daughters should die after attaining the age of Twenty one years and leave no Will or Instrument of writing in the nature of a Will executed in manner aforesaid, then the one fourth part or share intended for such Daughter shall be held and continue in further Trust by the said Trustees and their successors for the child or children or Descendants of such Daughter forever equally per stirpes and not per capita in case such Daughter should leave a child, children or descendant of a child. But should such Daughter die either before or after attaining the age of twenty one years and leave no child, children or descendant of a child living at the time of her death, and no Will or Instrument of Writing executed after attaining the age of Twenty one years in manner aforesaid, then the one fourth part or share intended for such Daughter shall continue and be held in further Trust by the said Trustees and their successors for such of my children and the descendants forever as my be living at that time, in equal proportions share and share alike, and to take per stirpes and not per Capita. The part or share however which any of my daughters may thus acquire or be entitled to is to be held in Trust by the said Trustees and their successors in the same manner and to the same extent and in every respect as the original portion or one fourth share of such Daughter as is herein before expressed in this Will. And so on with the part or share of each and every of my Daughters as aforesaid: it being my Will and intention to place my said four Daughters Mary Stoughton Winder, Sally Rogers Winder, Araminta Sidney Winder, and Lydia Hollingsworth Winder as relates to such limitations restrictions, conditions, requests and power in every respect upon the same footing. My Will also is, and I do so order and direct that in case any of my Daughters should be under the age of Twenty one years and unmarried at the time of my decease, then and in such case the said Trustees and their successors are to act as Guardians for each and every of such Daughters until she shall attain the age of twenty one years or be married, and the said Trustees and their successors are to appropriate only such part of the income intended for such Daughters as they in the judgment and discretion shall deem to be right and proper for the comforable and suitable maintainance and liberal education of such Daughters until she shall arrive to said age or be married, as aforesaid, when the whole income intended for her in this Will is to be paid to her according to the provisions hereinbefore mentioned and expressed in relation thereto. And to prevent all doubts which might otherwise arise, I hereby declare that my Will is, and the devises and bequests to all my daughters aforesaid, or for their benefit, is subject to this express condition, limitation and restriction, that is to say, in case any or either of my said Daughters should die under the age of Twenty one years and leave no child living at the time of her death, then the part or share intended for each daughter or daughters so dying as aofresaid, shall be held and continue in further Trust by the said Trustees and their successors for such of my daughters and their descendants as may be living at the time of the death of said Daughter who may die under said age without ____ aforesaid in equal proportions share and share alike, and to take per stirpes and not per Capita. The part of share however which any of my Daughters may at any time thus acquire or be entitled to is to be held in Trust by the said Trustees and their successors in the same manner and to the same extent, and shall be subject to the same restrictions, limitations, and conditions in every respect as the original portion or one fourth share of such Daughter as is herein before expressed in this Will in relation thereto. I hereby authorise and enpower the said Trustees and their successors in case they shall be of the opinion at any time that is is necessary for the purpose of making a division among those entitled or in case they shall deem it advantageous to the parties interested in the same, to sell the whole or any part of my Estate, real, personal or mixed, and that the same may be sold either at public or private sale as to them shall seem most beneficial for the parties interested, the trusts and devises however or rights of the parties in relation to my Estate or property so sold not to be changed thereby, but the procedes of any such sales are to be held by said trustees and their successors in trust in the same manner in all respects and to the same extent as they are hereintofore in this my Will directed to hold the Estate or property so sold and such proceeds to be subject to all the trusts, limitations, conditions, restrictions and contingencies in every respect, and to the same extend, and shall be held, and shall go in the same manner as in this Will is heretofore mentioned and expressed in relation to the original Estate or property so sold. In relation to my property or estate real or personal, which may at any time come into the hands of the said Trustees or their successors for my said children or either of them or which may have been devised in trust for them or either of them in this Will I hereby authorise and empower the said Trustees and their successors to sell or lease for such Term or Terms of years as they may think proper, the whole or any part thereof either at public or private sale..... .... Signed, sealed, published and declared by Araminta Winder the Testatrix above named as and for her last Will and Testament in our presence, who in her presence, at her request and in the presence of each other, hereunto subscribe our names as Winesses to the same this first day of October 1844. Michael Alder William T. Smith H. C. Trumbull Baltimore County __ On the 15th day of February 1845 came Michael Alder and on the 26th day of the same month in the year aforesaid came Henry bull, and on the 3rd day of March in the year aforesaid came William T. Smith, the three subscribing witnesses to the aforegoing last Will and Testament of Araminta WInder, late of said County, desceased, and made oath on the Holy Evangely of Almighty God that they did see the Testatrix 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, whe was to the best of their apprehensions of sound and disposing mind memory and understanding and that they subscribed their names as witnesses to this Will in her presence, at her request and in the presence of each other. I, Araminta Winder, Do make and publish the collowing as a Codicil to any foregoing Will and Testament, this is to say. In case it shall so happen that all my said four Daughters named in my foregoing Will should depart this life, without having child or children or Descendants of the same living, and without making and publishing a last Will and Testament and I have authorized and empowered my said Daughter respectively to do, then the principal part of the said rest and residue of my Estate shall be held in trust for and I do hereby give, devise and bequeath the same unto Elizabeth Taylor Winder (Widow of Edward Winder, the Brother of my deceased husband William Sidney Winder), her heis, Executors, administrators and assigns for ever absolutely. In Testimony Whereof, I the said Araminta Winder have herunto subscribed my name and affixed my seal this eleventh day of January Eighteen hundred and forty five. Araminta Winder