File contributed for use in USGenWeb Archives by Sue Bundy. (rbundy@ccpl.carr.lib.md.us) 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. ================================================================== No 767 1862 December 29 The last Will and Testament of Philip Flater decd. Filed December 29th, 1862 and recorded in Liber I.M.P. N 3 folio 176 etc. one of the Record Books of Wills in the Office of the Register of Wills for Carroll County Maryland. Test: Jos. M. Parke Register Carroll County Book 3 Folio 176 Probated 24 December 1862 In the name of God Amen, I Philip Flatter of Carroll County in the state of Maryland being sick and weak in body, but 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 worldly affairs and thereby be the better prepared to leave this world when it shall please God to call me hence, 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 executor herein after named, and after my debts and funeral charges are paid, I devise and bequeath as follows - I give and bequeath unto my daughter Mary or Polly Logue five dollars and no more of my estate - I give and devise unto my son Peter Flatter all that tract or parcel of land which I heretofore sold to him containing twenty five and a half acres of land, it being the land which he now resides on, free from all incumbrances to have and to hold the same him and his heirs and assigns in fee simple - And the ballance of my real estate, that is my land I will to be equally divided between my four children viz. Peter, Rebecca, Rachel and Susannah and for the purpose of dividing the same I do hereby appoint Thomas L. Brown, Stephen Oursler, and John Armacost to divide and value the same and to say which lot or parcel of land shall pay to the other lot or lots of land, so as to make them of equal valuation - and then after it is divided and valued it is my will that my son Peter shall have first choice, Rebecca second choice, Rachel third choice and Susannah to have the other lot of land, each of them, to have and to hold their several lots or parcels of land them and their heirs and assigns forever subject to the restriction herein after named - And as for my personal estate I also will that it shall be valued by the same parties that I have appointed to value the land and to be equally divided between my four children viz. Peter, Rebecca, Rachel and Susannah, Peter to have first choice and so on as in the land - It is also my will that my son Peter have the management and control of the lot or parcel of land herein intended for my daughter Susannah by his paying her a reasonable rent during her single life, but when ever she shall marry she is to have the free and full possession of the lot or parcel of land intended for her - But in case my said daughter Susannah is at this time Married or has disposed of herself in Mariage to Thomas Taylor or shall hereafter marry him or dispose of herself in mariage to him then I do hereby revoke, annul, and make absolutely void and of none effect my said devise legacy and bequest to my said daughter Susannah and it is my will that if she Marry Thomas Taylor her part to be sold by my executor and the money arising from the sale thereof after pay expenses, to be equally divided Between my son Peter, my daughter Rebecca and my daughter Rachel, and I do hereby authorize my son Peter to convey the same by a good and sufficient deed of conveyance - And lastly I do hereby constitute and appoint my son Peter Flatter to be sole executor of this my last will and testament revoking an annuling all former wills by me heretofore made, ratifying and confirming this and non other to be my last will and testament - In testamony whereof I have hereunto set my hand and affixed my seal this first day of February one thousand eight hundred and sixty Philip Flatter signed sealed published and declared by Philip Flatter the within 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 - Thomas S. Brown Charles W. Brodin Stephen Oursler Maryland Carroll County To wit: On the 29th of December 1862, before the Orphans' Court for Carroll County came Stephen Oursler, the person who exhibited the aforegoing instrument of writing, and in open Court, made oath on the Holy Evangely of Almighty God, that the same is the true and whole last will and testament of Philip Flater, late of Carroll County deceased: That he received it from the Testator for safe Keeping; and that he does no know of any other will, or codicil, left by said deceased. Test: Jos. M. Parke, Register Maryland Carroll County To wit: On the 29th of December 1862, before the Orphans' Court for Carroll County, came Tomas S. Brown, Charles W. Brown and Stephen Oursler, the subscribing witnesses to the aforegoing last will and testament of Philip Flater, late of Carroll County deceased; and in open Court, made oath on the Holy Evangely of Almighty God, that they did see Philip Flater, the Testator in said will named, sign and seal said will - making his mark thereto. - That, at the time of so doing he, the said Philip Flater, 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 said will, at the request of the said Testator, in his presence, and in the presence of each other. Test: Jos. M. Park, Register of Wills