Will of Michael FROCK (1838); Carroll County, Maryland

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

http://www.usgwarchives.net/copyright.htm
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No. 134.  Last Will and Testament of Michael Frock, Decd.
Wills – Courthouse, Carroll County, MD

The last will and testament of Michael Frock of Carroll County in the State of 
Maryland as follows; to wit:

I will and bequeath to my two sons, William Frock and Jacob Frock, all my 
wearing apparel, share and share alike.

I will and bequeath to my wife Catharine, in case she survives me of my goods 
and chattels, two cows, two hogs, which she may choose out of my stock, two 
bedsteads, beds and bedding, one stove and pipe, one table, six chairs, one 
clock and case, one chest, one corner cupboard, one large german bible, one 
spinning wheel, one ?, one copper kettle, two iron pots, two pans, two tin 
buckets, one wooden bucket, two tubs, and such other of my household and kitchen 
furniture, as she my said wife may see fit to retain for her use for keeping 
house.

I give and devise to my son William Frock all my following described real 
estate, situate in Carroll County, State of Maryland, to wit:

All that plantation or tract of land whereon I now dwell, and whereon my said 
son doth now also dwell, being part of a tract of land called “Patience Care”, 
and part of a tract of land called “Owing’s Choice”, being the same land 
heretofore conveyed to me, by a certain John Baker, for the quantity of one 
hundred and sixty-five acres more or less, by his deed, dated on the 15th day of 
April 1805, recorded amongst the land records of Frederick County, in Liber W. 
R. No. 27, Folio 18, 19 & 20.  Also one other tract of land being part of a 
tract of land called and known by the name of a part of “The fifth part of the 
resurvey on Lookabout”, being the same tract of land heretofore conveyed to me 
for the quantity of seventy three and one half of an acre, by a certain 
Frederick Janey?, by his deed dated the 4th day of December, 1807, recorded 
amongst the land records of Frederick County, in Liber W. R. No. 33, folios 232, 
234, 235 & 236.  Also all the following part or parcel of land, to wit: part of 
a tract called “The resurvey on Lookabout”, being the same part or parcel of 
land heretofore conveyed to me by a certain John Mikesall, ?, for the quantity 
of thirty three acres and one hundred square perches, by his deed dated the 13th 
day of April 1814, recorded amongst the land records of Frederick County, in 
Liber W. R., No. 47, folios 562 & 563, to Have and to Hold, the said tracts, 
parts and parcels of land, so as aforesaid described, with all and every to 
appurtenances thereto, to him my said son William Frock, his heirs and assigns 
forever, nevertheless on the conditions and for the considerations following, 
that is to say:

On condition and in consideration, that he my said son William Frock, his heirs, 
executors, administrators, or assigns, do and shall allow and permit my wife 
Catharine in case she survives me, to have, hold, use, occupy, possess, and 
enjoy the dwelling house wherein I now dwell, standing on my first above named 
and described plantation, together with the springhouse, garden, stable & to the 
same, and the lot of ground appurtenant thereto, and containing about two acres, 
for and during the widowhood of my said wife.

On condition and in consideration also, that he my said son William Frock, his 
heirs, executors, administrators or assigns, do and shall at all times during 
the term of the widowhood of my said wife, find, furnish, provide and at her 
door, clear of charge, a sufficient supply of good fire wood for her use, and 
cure, find, provide, and deliver into her stable, a sufficient quantity of hay 
and fodder, for the feeding and foddering of her two cows and straw for litter, 
and allow, find and provide pasture for her two cows, during the seasons for 
pasturing, and also give and yield to her my said wife, during said term, the 
one third part or share of all the grains and other produce, clover seed, 
potatoes & hay of which latter she is to receive as already provided excepted, 
that may or shall be grown, raised or cultivated on my said real estate, so as 
aforesaid devised to my said son William, my said wife’s share or part of such 
grain and produce to be delivered to her threshed and cleaned and by the bushel, 
and also allow and permit my said wife to have and take as much fruit from the 
orchard on my said real estate, in each and every fruit year as she may want for 
her use & consumption.  He my said son William Frock, shall at all times during 
my wife’s widowhood, sell and dispose for her, any grain or other produce that 
she may have over and above or more than she may want or need for her use and 
consumption, and shall apply all, or such part of the money arising from such 
sales, to the support and maintenance of my said wife; and should any money 
arising from such sales remain in the hands of my said son after having 
contributed thereof sufficient to enable my said wife to live with comfort, 
convenience and ease, such money to be disposed of and applied as hereinafter 
directed.

On condition and in consideration also, that my said son, William Frock, his 
heirs, executors, administrators or assigns, so and shall during the widowhood 
of my said wife Catharine from year to year rent the dwelling house, standing on 
my second above described tract of land, with the privileges & to the same, as 
are now granted to, and enjoyed by, James Hines, the present occupant, and shall 
pay over the rents so arising to my said wife, for her better and more ample 
support during the term aforesaid.

The several provisions in this my last will and testament for the support, 
comfort and convenience of my said wife, Catharine, to be in lieu and in full 
satisfaction of her right of dower, and claim to thirds in all my real estate 
real and personal.

On further condition and in consideration, also that my said son, William Frock, 
his heirs, executors, administrators or assigns, do and shall in addition to the 
foregoing, pay or cause to be paid, for my said real estate, the sum of thirty 
two hundred dollars current money to my following named children and 
grandchildren, and payable on the manner and at the times hereinafter specified, 
that is to say, 

The sum of five hundred and sixty dollars, part of said sum, at the expiration 
of one year from and after the death or marriage of my wife Catharine whichever 
event shall first happen, in case my said wife survives me, or at the expiration 
of one year from and after my death, should my said wife depart this life before 
me, in equal shares to my son Jacob Frock and to my daughters Elizabeth wife of 
Adam Humbert and Susannah wife of John Humbert; and the sum of two hundred 
seventy dollars at the expiration of each and every year for twelve years 
thereafter.  The first, fifth and ninth payments whereof, to be paid to my 
daughter Elizabeth, wife of Adam Humbert; the third payment whereof to be paid 
to my granddaughter Susannah Frock, daughter of my son Michael Frock, deceased; 
the fourth, eighth and twelfth payments whereof to be paid to my daughter 
Susannah, wife of John Humbert; the seventh payment whereof to be made to my 
granddaughter Rebecca Frock; and the eleventh payment to be made to my grandson, 
Henry Frock, children of my son Michael Frock, deceased.

I also will and bequeath to my son William Frock, for the term of one year, from 
and after my death, the use, possession and occupation of my farm or plantation 
situate in Carroll County and the issues and profits thereof, being a part of a 
tract of land called “Patience Care”, and part of a tract called “James Fancy”, 
containing together as now included in one survey, one hundred and fifty four 
acres more or less, and heretofore conveyed to me by David B. Earhart and Jacob 
Yingling, executors of John Yingling, deceased, by their deed dated on the 24th 
day of July 1807, recorded amongst the land records of Carroll County, in Liber 
W. W., No. 1, folios 265, 266 & 267.

I order my executors and empower them to do the following acts: to wit:
To sell by public or private sale at the expiration of one year from and after 
my death, on three payments, my plantation so hereinbefore described, conveyed 
to me by David B. Earhart and Jacob Yingling, executors of John Yingling, 
deceased, as hereinbefore mentioned, and convey to the same to purchaser or 
purchasers, my executors in such sale to reserve for the use and benefit for my 
son, William, any grain or produce standing or growing on my said plantation at 
the expiration of the time or term for which I have willed the same to my said 
son, and being the offspring of his labor and cultivation, and the money arising 
from the sale of my said plantation, I will and bequeath as follows:

To Susannah Frock, Rebecca Frock and Henry Frock, children of my son Michael 
Frock, deceased, the sum of Eighty dollars each, Susannah Frock to be paid out 
of the first payment, Rebecca Frock to be paid out of the second payment, and 
Henry Frock to be paid out of the third payment of the purchase money for said 
plantation:  The residue of the money arising from said plantation, I will and 
bequeath to my sons William Frock & Jacob Frock and my daughters Elizabeth wife 
of Adam Humbert and Susannah wife of John Humbert, and including in my son 
Jacob’s share the sum of five hundred and sixty three dollars, without interest, 
heretofore advanced to me to my said son.

To sell as soon as conveniently may be after my wife’s death or marriage 
whichever event shall first happen, in case my said wife survives me.  The goods 
and chattels herein willed by me to her or such part thereof as may be 
remaining.  To sell by public auction soon as conveniently may be after my 
death, such as my goods and chattels not herein bequeathed by me, or all my 
goods and chattels in case my wife depart this life before me.

To collect all moneys due and owing and to be come due to me, and the money 
arising from the sale of my goods and chattels not herein willed from 
collections of moneys due and owing and to become due to me, including all 
moneys which I shall leave at my death, left and remaining in the hands of my 
executors after payment of my debts, the charges of my funeral, and the costs 
and charges of purchasing a pair of tomb stones of good quality for me, and 
setting up or causing the same to be set up at my grave, together with such 
moneys as shall come into the hands of my son William from the sale and sales of 
any surplus grain or produce of the share of my real estate, willed by me to my 
wife, that she may not want for her comfortable maintenance & support in case my 
wife survives me, I order my executors to put or place in some bank or public 
stock, fund or otherwise on good & sufficient security, during the widowhood of 
my said wife, as a fund for her better support, my said executors to apply the 
interest arising on the same, or any part or all the said fund to the payment of 
the hire and wages of some female housekeeper or nurse for my said wife, and for 
my wife’s better support in case the means hereinbefore provided for that 
object, should be insufficient to enable her to live with comfort, during said 
term, and any receipts or writings witnessing the payment or application of the 
interest accruing on the fund aforesaid, or of any part or all the said fund to 
my said wife for her support & of any female or females, hired or employed in 
the service of my said wife, and signed by these respectively, shall be 
sufficient discharges to my executors, against the claims and demands of all and 
every person & persons whomsoever.

Should my daughter Susannah depart this life, then and in such case, at her 
death, all the money which I have willed of my estate to my said daughter, or 
such part as she shall not have received thereof, I will and bequeath to all her 
children to be equally divided amongst them share alike.  

In the event that my son William Frock shall, after my death, refuse or decline 
to accept of my real estate herein devised by me to my said son, on the 
conditions and for the consideration herein before mentioned, expressed & 
contained of and concerning the same, and shall deem it to be for his interest, 
benefit and advantage, to take an equal share with my other children of all my 
estate then and in such case, I will and bequeath my estate real and personal as 
follows.  To wit:

I will and bequeath to my wife Catharine, in case she shall survive me, and in 
lieu of her dower in my lands and claim to thirds of my personal estate, the 
same of my goods and chattels herein before described, and devised to my son 
William Frock, his heirs and assigns: To have and to hold the same goods and 
chattels and the said real estate with all and every the appurtenances thereto, 
and all the profits, rents, issues and proceeds thereof, for and during the term 
of my said wife’s widowhood only.

I order and empower my executors hereinafter named, as soon as conveniently may 
be after my death to sell my goods and chattels not herein willed, at public 
sale, to collect all moneys due and owing, and to become due to me, also at the 
expiration of one year from and after my death, to sell by public or private 
sale, and on such terms as they may deem most advantageous, my plantation or 
real estate, herein before described being the same land conveyed to me by David 
B. Earhart and Jacob Yingling, executors of John Yingling, deceased, and convey 
the same purchases (my son William to have the use, possession and profits of my 
said plantation for one year from and after my death, & my executors at the sale 
thereof to reserve for the use and benefit of my said son any crop thereon 
standing or growing being the offspring of his labor or cultivation during the 
term for which he holds the same, and the money arising from such sale & 
collections, including all monies which I shall leave at my death, left in the 
hands of my executors, after paying my debts, the expenses of my funeral, and 
the cost of a pair of tomb stones for me, and setting them up at my grave, I 
will and bequeath as follows.  To wit:

To my grandchildren Barbara Frock, Rebecca Frock and Henry Frock, children of my 
son Michael Frock, deceased, each the sum of Eighty dollars, residue to my son 
William Frock & Jacob Frock, and my daughters Elizabeth, wife of Adam Humbert 
and Susannah, wife of John Humbert, shares alike, including in my son Jacob’s 
share, the sum of five hundred and sixty three dollars, without interest, 
heretofore advanced by me to my said son.

I further order and empower my executors as soon as conveniently may be after 
the marriage of my said wife or her death whichever shall first happen in case 
she survives me, or as soon as conveniently may be after my death, should my 
said wife depart this life before me, to sell by public auction the goods and 
chattels herein willed and bequeathed by me to my said wife, or such as may be 
remaining thereof at m said wife’s marriage or death.  Also sell by public or 
private sale, and on such terms and conditions as they may deem to be most 
advantageous, all those my lands or real estate will by me to my wife Catharine, 
during her lifetime only & convey the same to purchaser and purchasers; and the 
money arising from the sale of said goods and chattels and lands I will and 
bequeath as follows.  To wit:

To my sons William Frock & Jacob Frock and my daughters Elizabeth, wife of Adam 
Humbert, and Susannah, wife of John Humbert and my grandchildren Susannah Frock, 
Rebecca Frock & Henry Frock, children of my son Michael Frock, deceased, to each 
of them my said children and grandchildren, the sum of two hundred and twenty 
dollars, residue to my said sons William and Jacob, and daughters Elizabeth and 
Susannah, to be divided amongst them share alike.

Should my daughter Elizabeth depart this life, then and in such case, at her 
death, all the money willed and bequeathed by me by all my estate to my said 
daughter, or such part as she shall not then have received thereof, I will and 
bequeath to all her children, to be equally shared amongst them, that is share 
and share alike.

Should my daughter Susannah depart this life, then and in such case, at her 
death, all the money willed and bequeathed by me by all my estate to my said 
daughter, or such part as she shall not then have received thereof, I will and 
bequeath to all her children, to be divided amongst them share and share alike.

And lastly I do hereby constitute and appoint my two sons, William Frock and 
Jacob Frock, executors of this my last will and Testament, giving and granting 
them and the acting or surviving one of them full power to carry into execution 
all and every or any provision contained in this my last will and Testament, and 
also to convey by deed duly executed and acknowledged according to law to a 
certain John Frock, so soon as the purchase money for said land be paid or 
secured to be paid to my executors or the acting or surviving one of them, 
hereby revoking and annulling all my former wills or testaments.

In Testimony whereof I hereto subscribe my name, and affix my seal, this Tenth 
day of May, Eighteen hundred and thirty eight.

Michael Frock (his signature and seal)

Signed, sealed, published, pronounced and declared by Michael Frock, 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, hereby 
subscribe our names as witnesses thereto:

John Flickinger 
John Weimer
John Flickinger, Jr.

Maryland, Carroll County, To Wit:

On the 22nd day of August 1842, Before the Orphans Court for Carroll County came 
William Frock the person who exhibited the aforegoing instrument of writing and 
in open Court made Oath on the Holy Evangely of Almighty God, that the said 
aforegoing instrument of writing is the true and whole last will and testament 
of Michael Frock, late of Carroll County deceased, that hath come to his hands 
and possession.  That he found the same since the death of the said Michael 
Frock deposited with other of this writings and that he does not know of any 
other will left by said deceased.

Test.  John Baumgartner, Regr.

Maryland, Carroll County, To wit:

On the 22nd day of August 1842, Before the Orphans Court for Carroll County came 
John Flickinger, John Weimer and John Flickinger, Jr. the subscribing witnesses 
to the aforegoing last will and testament of Michael Frock late of Carroll 
County, deceased, and in Open Court made oath on the Holy Evangely of Almighty 
God, that they did see Michael Frock, the testator therein named sign & seal 
said will.  That they heard him publish, pronounce & 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, knowledge and belief of sound and disposing of mind, memory 
and understanding.  That they subscribed their names as witnesses to the said 
will at the request of the said Michael Frock, in his presence and all in the 
presence of each other.  

Test.  John Baumgartner, Regr.


Transcribed by Richard Huneke, April, 25, 2003.