Will of Peter BIXLER (1848); Carroll County, Maryland

Copyright(c) 2003 by Richard B. Huneke < rickhuneke@hotmail.com >.

http://www.usgwarchives.net/copyright.htm
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Last Will and Testament of Peter Bixler
Wills - Carroll County, MD


In the name of God amen.  I, Peter Bixler of Carroll County in the State of 
Maryland being of sound and disposing mind, memory and understanding do make and 
ordain this my last will and testament in manner and form following: that is to 
say:

I will and bequeath to my son Benjamin Bixler all my personal estate of 
whatsoever kind, nature or description the same may be and wheresoever lying or 
being that I shall be seized or possessed of at the time of my death, including 
in my said personal estate, all my debts due and owing to me on bonds, notes, 
single bills, Book accounts and otherwise, and all the ready money I shall leave 
at my death.  To my personal estate I will and bequeath unto my said son 
Benjamin Bixler, on condition and consideration, that he my said son, do and 
shall, thereof and thereout pay all my just debts and expenses of my funeral, 
and also pay or cause to be paid to my wife Catharine Bixler, for her better and 
more comfortable support, and as she may require, the sum of one hundred dollars 
in each year that my said wife shall survive me:  Such yearly payments to cease 
at the expiration of three years from and after my death, or at my wife’s death 
should that event happen sooner: on condition and in consideration also that he 
my said son Benjamin Bixler do and shall out of my personal estate herein 
bequeathed to him, give and yield to my wife Catharine, and allow and permit her 
in case she survives me to have, hold, possess, use and enjoy for her benefit, 
two cows, her choice of my stock (during the term of her life) also during the 
term of her life, or so long as she my said wife shall remain or continue to 
reside on my home plantation as hereinafter provided, to give and yield to her 
my said wife, and allow her to have, hold, use, possess and enjoy of my said 
personal estate, two sheep, two hogs, two bedsteads, beds and bedding, one 
spinning wheel, one dining Table, six chairs, one case of drawers, one Corner 
Cupboard and such of its contents as she may see fit to keep thereof, one stove 
and pipe which she may also choose also as much of the kitchen furniture as she 
shall or may select as necessary to her for housekeeping as also my family bible 
and such of my other books as she may desire to have and use.  I further give 
and devise unto my said son Benjamin Bixler, his heirs and assigns all my farm 
or plantation whereon I now dwell, situate in Carroll County, Maryland, 
containing two hundred and two acres of land, more or less, with all and every 
appurtenances thereto, and I further give and devise unto my said son Benjamin 
Bixler, his heirs and assigns all my other lands or real estate, situate in the 
County and State aforesaid, and wheresoever situate: To have and to hold my said 
home farm or plantation and all my other lands or real estate with all and every 
the appurtenances thereto unto him my said son Benjamin Bixler his heirs and 
assigns forever nevertheless on the conditions and for the considerations 
hereinafter mentioned, and subject to the following reservation.  To Wit:  I 
hereby reserve one eighth part of an acre of ground on my said home farm or 
plantation whereon I now dwell, in the upper part of that field on said 
plantation next to the barn, and near an apple tree standing in said field as a 
burying ground (to be laid off square, or as near square as can be) for the use 
of such members of my family, and such of my relations and friends who may 
desire the use of the same to bury the dead therein, and I also reserve a right 
of way of sufficient width, from the County road, over and across the said field 
to the said burying ground, the said way to start at a point in the said public 
or County road, nearest to the said burying ground, and I hereby reserve the 
free ingress and regress for my family, relations and friends to said burying 
ground, at all times forever by the way hereby reserved.  And I enjoin it 
especially and particularly on my Executors hereinafter named, after my death, 
to cause my dead body to be laid and buried in the said burying ground.  On 
condition that for and in consideration for my Home farm or plantation and all 
other my lands and real estate herein devised by me to my son Benjamin Bixler, 
his heirs and assigns, he my said son Benjamin Bixler, his heirs Executors or 
administrators do and shall pay or cause to be paid at the expiration of one 
year after my death the sum of three hundred dollars to each of my other 
children to wit:  My son John Bixler, my daughter Polly Bish wife of Daniel 
Bish, my son David Bixler, my son Samuel Bixler, my daughter Elisabeth Jones 
wife of John Jones, my daughter Catharine Bish wife of William Bish, my daughter 
Sarah Rigle wife of David Rigle, and my son Joel Bixler, and shall also pay or 
cause to be paid the further sum of three hundred dollars to each of my said 
named children at the times following, viz:  To my said son John Bixler at the 
expiration of the second year following after my death:  To my said daughter 
Polly Bish at the expiration of the third year following after my death:  To my 
said son David Bixler at the expiration of the fourth year following after my 
death:  To my said son Samuel Bixler at the expiration of the fifth year 
following after my death:  To my said daughter Elisabeth Jones at the expiration 
of the sixth year following after my death:  To my said daughter Catharine Bish 
at the expiration of the seventh year following after my death:  To my said 
daughter Sarah Rigle at the expiration of the eighth year following after my 
death:  To my said son Joel Bixler at the expiration of the ninth year following 
after my death:  said payments to bear no interest until they fall due, and 
until fully paid and satisfied the same to be a lien on the real estate herein 
devised by me to my said son Benjamin Bixler, his heirs and assigns:  on 
condition also and for further consideration, that he my said son Benjamin 
Bixler do and shall of and out of the proceeds, profits and emoluments of the 
real estate devised to him by me, find, furnish and provide for my wife 
Catharine, good and sufficient boarding, apparel and all other necessaries 
requisite for her comfortable support during her lifetime: or in lieu thereof in 
case she my said wife shall prefer to keep house to herself, that then and in 
such case he my said son Benjamin Bixler, his heirs, executors, administrators 
and assigns do and shall of and out of the profits and proceeds of the real 
estate devised to him my said son by me give, yield, furnish and deliver to my 
wife Catharine in each and every year after my death during her life ten Bushels 
of good clean Wheat, five Bushels of Rye, five Bushels of Corn, tow hundred 
pounds of good pork, fifty pounds of food beef, ten pounds of flax, ten pounds 
of good ? coffee, ten pounds of good sugar, ten Bushels of potatoes and two 
bushels of salt, and also during the lifetime of my said wife, or during the 
time she shall remain and continue to remain on my home farm, find furnish 
provide and deliver to her constant and sufficient supply of firewood cut small 
for both stove and hearth use, and also hay, fodder provender and pasturage for 
her two cows and two sheep, if she my said wife chooses to have such animals and 
further that he my said son Benjamin Bixler, his heirs, Executors, 
administrators or assigns do and shall and permit my said wife Catharine Bixler 
during her life, or during such time as she may continue to remain on my home 
farm to have the use and occupation of the two back rooms in the dwelling house 
standing on said home farm or plantation, the one room on the lower story, and 
the other in the second story of said house, the privilege of the kitchen for 
her cooking, the use of the spring of water, of the spring house, of the smoke 
house, of the cellar and part of the garden for her necessary purposes, the use 
of the stable for her two cows, two sheep and hogs if she shall think proper to 
have and keep such animals with free ingress, egress and regress for my said 
wife during the time herein specified, to her said dwelling rooms, kitchen, 
spring of water, spring house, smoke house, garden, cellar and stables.  Any 
litter for her cattle shall be furnished to her, and all the grain that she 
shall have occasion to have ground for her uses, shall be taken to the mills and 
when ground be returned to her free of charges by him my said son Benjamin 
Bixler, his heirs, Executors, heirs or assigns:  The provision herein made by me 
for the better support of my wife Catharine of and out of my real estate in case 
she survives me, to be a lien and charge on my said real estate during the time 
herein before mentioned for her enjoyment thereof, and the said provision 
together with the bequests made by me to my said wife of my personal estate, to 
be in lieu of her right of dower in all my lands or real estate, and in 
satisfaction to her claim to thirds in all my personal estate:  Should any of my 
outstanding claims bequeathed to my son Benjamin Bixler go lost, then and in 
such case it is my will and desire that he my said son may if he sees proper so 
to do, abate from the sums he is charged to pay to my other children, in equal 
and like portions, such losses as he may sustain and not being occasion by his 
fault or negligence any thing herein contained to the contrary thereof in any 
wise notwithstanding:  And lastly I hereby constitute and appoint my son 
Benjamin Bixler and my son in law David Rigle Executors of this my last Will and 
Testament giving to them and to the acting or surviving one of them full and 
ample power to carry into effect and execution all and every provision, clause, 
matter and thing therein contained hereby revoking all my former wills and 
testaments.  In witness whereof, I Peter Bixler, hereunto subscribe my name and 
affix my seal this twenty second day of February eighteen hundred and forty 
eight.

Peter Bixler (signature) (seal)

Signed sealed published pronounced and declared by Peter Bixler 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.

Phillip H. L. Myers
William Bachman
John Weaver

Maryland, Carroll County to wit:  On the 31st day of January 1853, before the 
Orphan’s Court for Carroll County, came Benjamin Bixler, the person who 
exhibited the aforegoing instrument of writing, and in open Court, solemnly, 
sincerely, and truly declared and affirmed, that the said instrument of writing 
is the true and whole and last Will and testament of Peter Bixler, late of 
Carroll County, deceased, that hath come to his hands and possession:  That the 
said Peter Bixler, before his death, delivered the same to him for safe keeping:  
and that he does not know of any other Will left by said deceased.  
Test:  Joseph M. Parke, Register of Wills


Maryland, Carroll County to wit:  On the 31st day of January 1853, Before the 
Orphan’s Court for Carroll County, came Phillip H. L. Myers, William Bachman and 
John Weaver, the subscribing Witnesses to the aforegoing last Will and Testament 
of Peter Bixler, late of Carroll County, deceased;  and in open Court made oath 
on the Holy Evangely of Almighty God, that they did see Peter Bixler the 
Testator therein named, sign and seal said Will.  That they heard him publish, 
pronounce and declare the said to be his last Will and Testament.  That at the 
time of so doing, he, the said Peter Bixler, was, to the best of their 
apprehensions, knowledge and belief, of sound and disposing mind, memory and 
understanding.  And that they subscribed their respective names as witnesses to 
the said Will, at the request of the said Peter Bixler, in his presence and in 
the presence of each other.  
Test:  Joseph M. Parke, Register of Wills







From the Carroll County Courthouse, transcribed by Richard B. Huneke