Last Will and Testament of Frank BURNS Sr. (1922), Cecil County, MD Contributed for use in USGenWeb Archives by Cyndie Enfinger Copyright 2004. All Rights Reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/md/mdfiles.htm ********************************************************* Last Will and Testament of Frank Burns Sr. Being of sound mind and understanding I Frank Burns of near Elkton Cecil County Maryland make this my last will and testament as follows: The property I own and live on being about an acre more or less I give and divise after my death to my beloved wife Rachel. After her death the aforesaid property is to be sold at public auction and after all debts connected with the sale are paid the money of the sale of my property is to be divided amongst all of my living children equally share & share alike. The bank account I have with the First National Bank is to be turned over to my wife Rachel after all my lawful debts are paid. I appoint as the executor of my will and testament Mr Joseph Holt the auctioneer In witness of the above will and testament I, P. P. Arnd and I William Mahan have affixed our names and seal each in presence of the other and have witnessed the signature of Frank Burns this 18 day of September nineteen hundred and twenty two. Witnesses P. P. Arnd [seal] Frank Burns [seal] Wm. Mahan -------------------------------------------------------------------------------- Cecil County, SS: Sept 12th, 1923 Then came Joseph Holt, Executor 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 Frank Burns late of Cecil County, deceased, that hath come to this knowledge and possession; that due publication of the contents thereof hath been made, and the he knows of none other or any reason why the probate thereof should not be taken. Test: Robert J. McCauley REGISTER. Cecil County, SS: Sept 12th 1923 Then came Rev. P. P. Arnd and Wm. Mahan the subscribing witnesses to the foregoing instrument of writing, and severally made oath in due form of law, that they did see Frank Burns the testator therein named, sign and seal the same; that they heard him publish, pronounce and 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: R. J. McCauley Register. In the Orphans’ Court of Cecil County: The Register of Wills after having carefully examined the above last Will and Testament of Frank Burns, late of Cecil County, deceased, and also the evidence adduced as to its validity, Orders and Decrees, this 12th day of September, A. D. 1923, that the same be admitted to probate in this Court as the true and genuine last Will and Testament of the said Frank Burns, deceased. Robert J. McCuley Register of Wills. -------------------------------------------------------------------------------- PETITION FOR LETTERS TESTAMENTARY --------------------------------- To Robert J. McCauley, Register of Wills for Cecil County, Maryland: In the matter of the Probate of the Last Will and Testament of Frank Burns deceased: The petition of Joseph F. Holt respectfully showeth that he is the Executor named in the Last Will and Testament of Frank Burns dated the 18th day of September, A. D., 1923. That said Frank Burns was a resident of Cecil County, State of Maryland, and departed this life near Elkton in said County, on Saturday the 8th day of September, A. D., 1923, at ____ o’clock, ___ M. That said decedent left surviving him the following hears, viz: Mrs Rachel Burns widow (NOTE. – Here name all heirs of deceased, their ages and place of residence.) Mary Foard daughter Elkton Frank Burns son Chester Pa Katie Hoagland daughter Chester Pa Andrew Burns son Elkton Dennis Burns son Elkton John Burns son Elkton Joseph Burns son Chester Pa all of legal age Therefore the said Joseph P. Holt respectfully applies for probate of said Last Will and Testament and for Letter of Testamentory thereon. Jos F. Holt Cecil County, ss: Personally appeared Joseph F Holt petitioner named in the above application, and being duly sworn according to law, did depose and say that the matter and things set forth in the aforegoing petition are true to the best of his knowledge, information and belief: Sworn and subscribed before me this 12th day of September Jos F Holt A. D. 1923 Robert J. McCauley Register -------------------------------------------------------------------------------- Know All Men By These Presents, That We Joseph P. Holt, R J. McCauley and W. D. Bratton are held and firmly bound unto the State of Maryland in the just and full sum of One Thousand dollars current money, to be paid unto said State, to which payment, well and truly to be made and done, we bind ourselves, and everyone of us, and everyone of our heirs, executors and administrators, in the whole and for the whole jointly and severally, firmly by these presents. Sealed with our seals, and dated this 12th day September in the year nineteen hundred and twenty three THE CONDITION of the above Obligation is such, that if the above bounden Joseph F. Holt shall well and truly perform the office of Executor of Frank Burns late of Cecil county, Md deceased, according to law, and shall in all respects discharge the duties of him required by law, as Executor aforesaid, without any injury or damage to any person interested in the faithful performance of the duties of said office, then the above obligation shall be void; it is otherwise to be in full force and virtue in law. TEST: Jos F. Holt {seal} R McCauley {seal} W. D. Bratton {seal} -------------------------------------------------------------------------------- State of Maryland Cecil Count, ss: Sept 12 1923 THEN CAME Joseph F Holt North East RD #2 Executor of Frank Burns late of Cecil County, Md deceased, and made oath in due form of law that he would well and truly administer the goods, chattels, personal estate, and credits of said deceased, to the best of his knowledge, according to law, and give a just account of his administration, when thereunto lawfully called; also that he would diligently and faithfully regard, and well and truly comply with the laws of Maryland, imposing a tax on commissions allowed to executors and administrators, and a tax on collateral inheritances, distributive shares and legacies. TEST: Robert J. McCauley REGISTER BY THE ORPHANS’ COURT } The foregoing Bond is examined and approved. Sept 18th 1923 TEST: Robert J. McCauley REGISTER. -------------------------------------------------------------------------------- NOTES: Frank Burns (Francis T. Burns) served in Co. K, 6th Regt., MD Infantry in the Civil War. Rachel was Frank’s second wife. His first wife Anna died in 1911. See their obituary transcription on this site.