Last Will and Testament and Orphan's Court Account of David T. Devlin (1918), 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 *********************************************************************** I David T. Devlin of Cecil County, State of Maryland, do make this my last Will and testament, in the manner following, that is to say. I give devise and to the Trustees of Cherry Hill M. E. Church, the sum of Fifty Dollars, to be by them invested in some safe security, and the annual income used in keeping my lot in said Cemetery in good condition. I give devise and to the Trustees of Ebenezer M. E. Church near Farmington, Cecil County, Maryland, the sum of Fifty Dollars, to be by them invested and the annual income used in keeping my lot in said Cemetery in good condition. If my cousin Lucy Devlin who resides at Linwood, PA, be living at the time of death, I give devise and bequeath to her, the sum of One Hundred Dollars, to be paid to her within one year from the date of my death, without interest. All the rest residue and remainder of my estate, I give devise and bequeath to my beloved wife Margaret Brown Devlin, with full power to sell any or all my real estate, and to use the income for her own comfort and support. If the income from my Estate should not be sufficient for her comfort and maintenance, I direct that she use whatever of the principal, is necessary for her comfort and maintenance, if that should take the entire Estate. If she should not use it all, I request that she dispose of what remains of my Estate by a last Will and testament, as follows: To the Trustees of Cherry Hill M. E. Church, Fifty Dollars, the income to be used in keeping my lot in the Cemetery adjoining said Church, in good condition. To the Trustees of Ebenezer M. E. Church the sum of Fifty Dollars, to be by them invested, and the income used to keep my lot in said Cemetery in good condition. One half of the residue of my Estate she shall dispose of in whatever way, she chooses, the other half I request she dispose of as follows: To Paul T. Arbuckle Jr., if he should be living, the sum of Five Hundred Dollars, to be paid to him within one year from the date of the death of my wife Margaret Brown Devlin, if he should not be living at the time of her death, the said sum of Five Hundred Dollars, shall revert to and become a part of my residuary Estate, and to be disposed of by my said wife. And the balance of said one half, I would like to have equally divided between my Sister Rebecca Harter and her two children, Thurlow Devlin Harter and Kenneth Harter, share and share alike. If my sister Rebecca Harter should not be living, I request the amount she would receive from my said Estate be given in equal shares to her two sons, Thurlow Devlin Harter and Kenneth Harter. I constitute and appoint my said wife Margaret Brown Devlin, to be the executrix of this my last Will and testament, and direct that she shall not be required to give bond, hereby revoking all other Wills and codicils by me heretofore made. In testimony whereof, I have herewith subscribed my name and affixed my seal this 30th day of July, in the year Nineteen hundred and Eighteen. David T. Devlin Signed, sealed. published and declared by 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 the presence of each other, have hereto subscribed our names as witnesses. George Eben Brown Isaac D. Davis The 1st and final Acct. of Margaret B. Devlin, Executrix of David T. Devlin, deceased. -------------- D. -------------- This accountant chargeth herself with the amount contained in the Inventory and appraisement, f'd Feb'y 4, 1919 $1864.70 Also with Cash in house at time of death of said Testator 125.00 Also with Cash in Second National Bank of Elkton at time of death 761.43 Also with deceased's 1/2 interest in a Virginia and Midland R. R. bond 500.00 Also with Amt rec'd from Harry Beers in payment of Pork 47.38 Also with amt rec'd for deceased's 1/2/ interest in poultry and eggs 19.91 Also with Amt received from H. Dolfinger, two milk chu(?) 40.29 Also with Amt rec'd from McVey and Gatehill, for wheat 202.40 Also with Amt rec'd from sale of Poultry 9.81 $3,570.92 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 $35.70 For Amt paid Register for probating and recording will, bond, letters, etc., per receipt 12.85 For Amt paid Clement M. Egnor, work on farm, per receipt 20.00 For Amt paid Daniel Driebelbis feed for stock, per receipt 12.00 For Amt paid Lucy Devlin, for helping in house, per receipt 16.00 For Amt paid Arthur M Spratt, Acct for fodder, per receipt 13.75 For Amt paid W. D. Ewing, calling sale of personal estate, per receipt 29.97 For Amt paid Ernest A. Brown, for carpenter work, per receipt 10.00 For Amt paid Clark S. Grant, funeral director, per receipt 203.45 For Amt paid Charles V. Moore, account for Corn, per receipt 15.00 For Amt paid Dr. F. B. West, medical attention, per receipt 5.00 For Amt paid Roger Witworth, for hardwood, per receipt 3.70 For Amt paid Charles P. Clark, account for feed, per receipt 8.22 For Amt paid William Creswell, blacksmith work, per receipt 4.40 For Amt paid Joseph Steele, work on farm, per receipt 1.00 For Amt paid Edgar T. Janney, for corn, etc., per receipt 14.00 For Amt paid Dr. W. D. Cowley, medical attention, per receipt 15.00 For Amt paid Dr. C. P. Corries, medical attention, per receipt 4.00 For Amt paid E. N. Sweet, repairs to automobile, per receipt 12.57 For Amt paid Mollie D. Arbuckle, acct for butter, per receipt 3.00 For Amt paid Frank Brown for work on farm, per receipt 15.00 For Amt paid E. H. Gallaher, fertilizer acct., etc., per receipt 39.40 For Amt paid Mrs. Thomas Saunders, storage of furniture, per receipt 2.00 For Amt paid I. D. Davis, cashier, bank box rent, per receipt 6.00 For Amt paid Geo. W. Bibs, account for feed, per receipt 8.10 For Amt paid Geo. McCormick, account for groceries, per receipt 5.49 For Amt paid Harry Peterson, for insurance, per receipt 1.00 For what the goods and chattles sold for less than appraised value 19.06 For Amt paid Cecil Whig, advertising notice to Creditors, etc., per receipt 10.50 For Amt paid Wilson T. Wright, claim for fertilizer, etc. per receipt 70.07 For Amt paid E. D. Carhart, Sec'y, Farmers & Mechanics Ins. Co., per receipt 7.06 For Amt paid Keys & Miller, account probated and passed, per receipt 13.32 For Amt paid Dr. Howard Bratton, medical attention, per receipt 12.00 For Amt paid Geo. B. Underwood, for threshing, per receipt 10.34 For Amt paid Trustees Cherry Hill M. E. Church, legacy devised by will ($50), less Colloteral Tax 5% 47.50 For Amt paid Ebenezer M. E. Church Trustees, legacy devised by will ($50), less Col. Tax of 5% 47.50 For Amt paid Lucy Devlin, cousin of deceased, money legacy ($100) less Colloteral Tax of 5% 95.00 For Amt of Colloteral Tax paid on the above bequests 10.00 For Amt paid Albert D. Mackey, Atty, Counsel fee, per receipt 13.00 For Court Costs, Stating this Acct., Record Copy, etc., Recording Inventory and List of sales, Making Distribution, Petitions and Orders of Court, Releases, 29.60 Amt. Of Disbursements $ 901.55 Bal. In Accountants hands $2,669.37 Estate Accounted for $3,570.92 Cecil County, July 9th, 1919 Then came Margaret B. Devlin, 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 -----------July 9th, 1919----------- By the first and final Account of the Estate of David T. Devlin, deceased, exhibited by Margaret B. Devlin, 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 $2669.37 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 Margaret B. Devlin, widow of said deceased, for her use, Comfort and maintenance as in said will provided, all of said residue, $2669.37 Test: Rufus D. Bowland, Register IN RE: THE ESTATE OF DAVID T. DEVLIN, DECEASED IN THE ORPHANS COURT FOR CECIL COUNTY PETITION TO THE HONORABLE, THE JUDGES OF SAID COURT: The Petition of Charles M. Huester respectfully represents: 1. That it has been brought to the attention of your Petitioner that in the immediate future a bill is to be filed in the Circuit Court for Cecil County, in Equity, seeking a construction of the Will of David T. Devlin, deceased. 2. That the executrix named in the Will of the said David T. Devlin is deceased and as far as your Petitioner can ascertain there are no near relatives of the said David T. Devlin residing in the State of Maryland to whom letters testamentary might be issued. 3. That as a possible result of the decree or decision that in all probability will be rendered by the Circuit Court for Cecil County, in Equity, certain funds, now in the hands of the Administrators of the Estate of Margaret B. Devlin, may be Ordered to be paid over to the Estate of the said David T. Devlin for distribution according to the terms of his Will which is now of record among the Will Records of Cecil County in Liber O, No. 22, folio 177. 4. That at the present time there is no person to accept and to administrate said funds if they should be forthcoming. WHEREFORE YOUR PETITIONER PRAYS: That he be appointed Administrator c.t.a. of the Estate of David T. Devlin. Chas. W. Huester, Petitioner ORDER The aforegoing Petition having been read and considered, it is thereupon this 1 day of Oct, 1952 Ordered by the Orphans Court for Cecil County that Charles M. Huester be and he is hereby appointed Administrator c.t.a. of the Estate of David T. Devlin. N Munson Jackson Calvin M. Blake Howard S. Vincent Judge Judge Judge See my Web site for more info in this individual and relatives http://homepages.rootsweb.com/~pda/wc_toc.htm