Last Will and Testament and Orphans Court Account of Samuel Arbuckle (1905), Elkton, Cecil County, MD Contributed for use in USGenWeb Archives by Doug Arbuckle ************************************************************************ 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 the 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 *********************************************************************** Cecil County Will File, 21-Dec-1916, Samuel J Arbuckle I, Samuel Arbuckle, of Cecil County in the State of Maryland, being in good health of body and 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 as my last will and testament in manner and form following: Item First -- After the payment of all my just debts and funeral expenses, I give, devise and bequeath all the rest and residue of my estate, whether real, personal or mixed, wheresoever the same may be and whether vested or prospective, to my dear wife, Catharine M. Arbuckle, absolutely and in fee simple. This I do in loving remembrance of her tender affection and constant devotion during a married life of nearly forty years. Item Second -- I do hereby constitute and appoint my dear wife Catharine M. Arbuckle, to be sole executrix of this my last will and testament, authorizing and empowering her to sell either at public or private sale any or all of my said estate, and revoking and annulling all former wills or codicils by me heretofore made, ratifying and confirming this and none other to be my last will and testament; and as I have entire confidence in my said Executrix I desire that she shall be excused from the necessity of giving bond for the faithful performance of her duties, further than shall be required by law to secure the payment of all debts and taxes and assessments properly chargeable upon my estate after my decease. In Testimony Whereof, I hereunto set my hand and seal this Twentieth day of September, in the year of our Lord nineteen hundred and five. Saml J. Arbuckle Signed, sealed. published and declared by the above named Testator, Samuel J Arbuckle, 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 hereunto set our hands as witnesses. Rufus D. Bowland Robert D. Brown Cecil County, Dec 21st, 1916 Then came Catherine M. Arbuckle, Executrix named in the foregoing instrument of writing, and made oath in due form of law, that the same is the true and whole last Will and Testament of Samuel J Arbuckle late of Cecil County, deceased, that hath come to her knowledge and possession; that due publication of the contents thereof hath been made, and that she knows of none other or any reason why the probate thereof should not be taken. Test: Rufus D. Bowland, Register Cecil County, December 21st, 1916 Then came Rufus D. Bowland and Robert D. Brown, the subscribing witnesses to the foregoing instrument of writing, and severally made oath in due form of law, that they did see Samuel J. Arbuckle, the testator therein named, sign and seal the same; that they heard him publish, pronounce declare the same to be his last Will and Testament, and at the time of his so doing he was to the best of their apprehension and belief of a sound and disposing mind, memory and understanding; that they severally subscribed their names as witnesses thereto, in the presence, at the request, of said testator and in the presence of each other. Test: James J McCanley(?), M. S. Sentinau(?), Alexander P. Jackson Judges of the Orphans' Court In the matter of the Estate of Samuel J. Arbuckle In the Orphans Court of Cecil County To the Honorable the Judges of said Court: The petition of Catharine M. Arbuckle, executrix of the last will and testament of Samuel J. Arbuckle, deceased, dated the 20th day of September, 1905, duly admitted to probate by this Honorable Court on this 21st day of December, 1916, respectfully shows unto your Honors: (1) That by the second item of the said will your petitioner, as executrix as aforesaid, is authorized and empowered to sell either a public or private sale any or all of the estate of her decedent. (2) Your petitioner, believing that a speedy sale of both the real and personal estate of said decedent, in pursuance of said power and authority, would be of advantage to the estate, respectfully prays your Honors to pass an order authorizing her, as executrix, to sell the real estate and personal property of which the said decedent died seized and possessed, either at public or private sale, at such time or times and under such terms and conditions as she may deem best. And as in duty bound, etc.. Chas. B. Finley(?) Jr Solicitor for Petitioner ORDER OF COURT Ordered, this Twenty first day of December, 1816, upon the aforegoing petition that the said petitioner, Catharine M. Arbuckle, executrix, be and she is hereby authorized and empowered to sell all the estate, both real and personal, of which her decedent, Samuel J. Arbuckle, died seized and possessed, either at public or private sale, as a whole or parts, at such time or times, and under such terms and conditions as she may deem best; to execute and deliver to the purchasers such deeds or instruments of transfer as may be necessary to properly convey the said property or any parts thereof to the purchaser or purchasers of the same, and to receive the purchase moneys therefore, accounting for the same as executrix, to this Court. James J McCanley(?) M. S. Sentinau(?) Alexander P. Jackson The 1st and final Acct. of Catherine M. Arbuckle, Executrix of Samuel J. Arbuckle, deceased. -------------- D. -------------- This accountant chargeth herself with Amt contained in the Inventory dated Jan'y 26, 1917 $460.05 Also with Amt of Acct in bank at time of death of Testator 390.42 Also with 5 Shares of Stock of the Second National Bank of Elkton @ $140 700.00 Also with Amt rec'd from Mortgage of Robert Plummer 5,000.00 $6,550.47 And this accountant claims an allowance for the following payments -------------- C. -------------- For Amt paid State Tax due on Const(?) as required by Acts of 1916, Chap 559 $65.50 For Amt paid Register for probating and recording will, bond, letters, etc., per receipt 14.xx For Amt paid "Cecil Whig", advertising notice to Creditors, subscription, etc. 12.zz For Amt paid Robert B. Frazer, account, per receipt 0.yy For Amt paid Clark S. Grant, funeral director, per receipt 345.50 For Amt paid George Underwood, threshing and bailing, per receipt 39.52 For Amt paid "Cecil Democrat, advertising, per receipt 4.50 For Amt paid Keys & Miller Lumber Co., accounts, per receipt 47.30 For Amt paid M. F. Magrout, for repairs, per receipt 0.40 For Amt paid Westminster Cemetary Co, funeral emblem, per receipt 3.00 For Amt paid Alexander & Son, hardware acct, per receipt 23.30 For Amt paid Samuel J. Smith, stable work, per receipt 16.70 For Amt paid John E. Govce, stone acct, per receipt 69.84 For Amt paid Leroy H. Scott, carpenter work, per receipt 4.50 For Amt paid John R. Chapman, dry goods, per receipt 19.60 For Amt paid L. T. R. Ward, grocery account, per receipt 7.25 For Amt paid D. T. Devlin and L. T. R. Ward, appraisers, $2 each 4.00 For Amt paid Second National Bank of Elkton, Geo. J. Jamison note and interest, per voucher 128.56 For Amt paid Second National Bank Note dated Oct. 24, 1914, and interest, per voucher 209.10 For Court costs, Stating this Acct., record, copy, etc., Recording Inventory, Petitions and Orders of Court, Making Distribution, Releases, etc. 29.70 Amt. Of Disbursements $1,045.87 Bal. In Accountants hands $5,504.60 Estate Accounted for $6,550.47 Cecil County, Aug. 15th, 1917 Then came Catharine M. Arbuckle, the aforesaid Accountant, and made oath in due form of law, that the aforegoing account, as stated, is just and true, and that she hath bona fide paid, or secured to be paid, the several sums for which she claims an allowance therein. Test: Rufus D. Bowland, Register By the Orphans Court, Examined and passed. Test: Rufus D. Bowland, Register By the Orphans Court of Cecil County ----------August 15, 1917----------- By the first and final Acct of the Estate of Samuel J. Arbuckle, deceased, exhibited by Catharine M. Arbuckle, Executrix of Said deceased, and passed; It appears that after paying all the debts due by said deceased, and costs of administration there remains in the hands of said Executrix the sum of $5504.60 to be distributed according to law and agreeably to the last will and testament of said deceased which distribution is as follows, to wit: ---------------------------------- To Catharine M. Arbuckle, widow of said deceased, all of said residue, (see will) $5504.60 Test: Rufus D. Bowland, Register See my Web site for more info in this individual and relatives http://homepages.rootsweb.com/~pda/wc_toc.htm