Wills: Will of Jacob Nail, January 25, 1833: Frederick County, MD Contributed for use in USGenWeb Archives by Roger Nale (rnale@erols.com) ************************************************************************ 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 *********************************************************************** Liber GME 1, Folio 479 Microfilm CR 49, 164; Maryland State Archives Will of Jacob Nail, son of Philip Daniel Nail, January 25, 1833. "In the name of God, Amen; I Jacob Nail of Frederick County, in the State of Maryland, being weak in body, But of sound and disposing mind, memory, and understanding, thanks be given to Almighty God, and knowing it is appointed for all men to die, and being desirous to settle my wordly affairs, and thereby to the better prepared to leave this world, when it shall please God to call me hence, do therefore make & publish this my last will and Testament, in the manner and form following -- 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 herin after named, and after my debts and funeral charges are first paid and satisfied, I give devise and bequeath as follows; I give and devise unto my beloved wife, Elizabeth, the one third of my estate; Real & personal; after the payment of my debts, And I also give and bequeath, in addition to the said thirds, the following property to wit, One cow, the choices of my stocks, her chest with the contents therein, one Bed, Bestead, and furniture compleate, And as much of my kitchens furniture as she may want, not exceeding the sum of ten dollars worth. -- Item. I give and devise unto my daughter Lovis, her cow and heifer, Bureau, Bed, Bedstead and Beding complete, her spinning wheel, her _binsor chairs, and forty dollars in cash, to be paid unto her, out of the first money that may come into my Executors hands, said sum of forty dollars, and personal property to make her equal with the rest of her sisters, in addition with an equal share of the balance of my Estate; Item. My will and desire in that the whole and remainder of my Real and personal Estate, to be sold, by my Executor, immediately after my decease and the money arising therefrom, after my debts, funeral charges, and Legacy are fully paid, to be equally divided amongst my seven living children, and the heirs of my daughter Elizabeth Wolf, now deceased, that is to be divided into Eight equal shares, One equal part to be given to the heirs of my deceased daughter Elizabeth, intermarried with Jacob Wolf, and one equal share to be given to my daughter Rachel now the wife of Henry Brown ____ to her heirs and assigns, and one equal share to be given to my daughter Magdalene, now the wife of William Burgoon, or to her heirs and assigns, and one equal share to be given to my daughter Polly now the wife of ____ Harman, or to heirs and assigns, One equal share to be given to my son Peter, or to his heirs and assigns, one equal share to be given to my daughter Nancy, now the wife of John Stoneseifert, or to her heirs and assigns, Each one to have share and share alike, Except Lovis to have as aforsaid, in addition to her share. Item. It is my will and desire, as soon as convienient, after my death, the Executor of my Estate, have all my personal Estate appraised, and an Inventory of the same made out, and returned to the Orphans Court of Frederick County, and to sell the same at public Sale to the best advantage. -- Item. I do hereby direct as aforesaid, that my plantation and other lands, that I at present possess, is to be sold as aforesaid, The same privately, if it cannot be sold in that way, then the same to be sold at public sale, as soon as possible, and the money arising from said sales, to be disposed of as aforesaid. -- Item. I order and direct, that any accounts, standing open on any of my books, against any of my children, for any advancements made by me to them, or otherwise, shall account for such accounts with my Executor, and settle the same, and shall pay interest if it should be required by my executor on said ammount. -- Item. And I do hereby fully authorize and impower my said Executor, to make and execute a good and sufficient deed, or Instrument of writing to the purchaser or purchasers, of the whole or any part of said Land, as fully as though I were living to convey the same myself, at any time previous to my death. And lastly I do hereby constitute and appoint my truily friend J. Henry Hoppe, to be sole Executor of this my last will and testament, revoking and annulling all former wills by me made heretofore, ratifying & confirming this and none other to be my last will and Testament. -- In testimony whereof I have hereunto set my hand and affixed my seal, this twenty fifth day of January, in the year of our Lord, Eighteen hundred and thirty three.-- Signed, sealed, published and declared, by Jacob Nail (Seal) Jacob Nail, 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 have subscribed our names as witnesses thereto. Adam Yingling John Yingling Michael Lynch Maryland Frederick County to wit On the 4th day of June 1833, came J. Henry Hoppe and made Oath on the Holy Evangel of Almighty God, that the foregoing instrument of writing, is the true whole will and testament of Jacob Naile, late of Frederick County, deceased, that hath come to his hands and professes, that he recd the same from the testator for safe keeping, and that he does not know of any other. Test. G. M. Eichelberger Reg. Maryland Frederick County to wit. On the 3rd day of June 1833, came John Yingling and Michael Lynch, two of the subscribing witnesses to the foregoing last will and testament of Jacob Naile, decd., and made oath on the Holy Evangels of Almighty God, that they did see the Testator, therein named, Sign and seal this will, that they heard him publis, pronounce and 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, of a sound and disposing mind, memory and understanding, that they respectively subscribed their names, as witnesses thereto, at the request of the testator, and in his presence, and that they did also see Adam Yingling, the other subscribing witness, subscribe his name, as a witness thereto, at the request of the testator, and in his presence, and all in the presence of each other. -- Test. G. M. Eichelberger Reg.