Will of JACOB SHANK (1858) Frederick County, Maryland This file was contributed by Mark Ault Copyright. All Rights Reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/md/mdfiles.htm ********************************************************* Will of Jacob Shank Frederick County, Maryland Liber TLMc 1, Folio 371 In the name of God Amen. I Jacob Shank of Frederick County in the State of Maryland, being 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 hencee, 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 almight God and my body to the earth to be decently buried, at the discretion of my executors hereinafter named, and after my debts and funeral charges are paid I desire and bequeath as follows, In as much as I have advanced during my lifetime, certain sums of money to my children and my son William has not received as much as the rest, I give unto my son William, the sum of Eleven hundred and eight dollars, first and foremost; and after the said sum is deducted from my estate, and reserved for the use of my son William, or his children according to the directions hereinafter given to my executors, then the balance of my estate whatsoever it may be real personal or mixed, I wish and desire to be equally divided among my nine children. It is to be distributed in equal shares to my son John, my son Lewis, my son Peter, my son George, my son Jacob, my son William, my daughter Sarah married to a certain Lewis Birely, my daughter Catharine married to a certain Jonathan Linebaugh and my daughter Ann married to a certain John J. Harman, and to their heirs each of my nine children named above is to have share and share alike after the reservation of the eleven hundred and ! eight dollars aforesaid. The reason that or why I give, will or bequeath nothing to the heir of my deceased daughter Maria, is this. I have given her during my lifetime heretofore her full portion and quota of my estate. Since I sold my real estate to my two sons Jacob and John, I hereby authorize and empower my executors to convey good rights and titles to my sons John and Jacob by good and sufficient deeds of conveyances, such as I could execute, were I alive. Those deed of conveyances shall however not be made or executed by my executors until all the purchase money is paid over to my executor by my said sons John and Jacob, and in those title papers or deed of conveyances to be made by my executors to my son John and Jacob, my son John is to have a water right to the spring on the land, near the house of my son Jacob, the reservation is to be made in the deed to Jacob, and the privilege to be granted in the deed to John, to get water at said spring as much as my said son John shall need, for ! family use, however my son John and his family shall not disturb or injure anything belonging to my son Jacob, when they fetch water at the spring on the land of my son Jacob. And I direct and order that the whole of the part of that part or portion of my estate willed and bequeathed to my son William, namely his the said William’s whole share of my estate, shall remain in the hands and care of my hereinafter named executors, and my executors shall annually with the interest coming from the share of my son William procure and furnish the family of my son William with such things and articles which they my said executors shall deem most needful for the subsistence and comfort of my son William and his family and should my son William die, then the interest of the money of my son William shall still be applied by my executors in the same manner above stated for the use of my son William’s children and his widow, but if his widow, my son’s wife marry again, then she shall no more enjoy any of the benefits of said interest accruing from the money of my son William whatsoever, but in such case, the said interest, shall be entirely applied to the use of! the children of my son William and after the death of my son William his money, placed into the hands of my executors as trustees shall be equally divided or distributed amongst the children of my son William, each to have share and share alike, notwithstanding should my son William at any time reform or forsake his ill habits and life of dissipation and become a sober industrious and economical man and lead a moral life then after my said executors shall be convinced and satisfied that thorough reformation has taken place, and his sobriety and morality is firm and worthy of full confidence they shall pay over to my son William his full share of my estate but otherwise not. And Lastly I do hereby appoint and constitute my two sons Peter and George to by my sole executors of this my last will and testament revoking and annulling all former wills by me heretofore made, satisfying and confirming this and none other t be my last will and testament. In testimony whereof, I have hereunto set my hand and affixed my seal, 12th day of April in the year eighteen hundred and fifty eight. Jacob Shank {seal} Signed sealed published and declared by Jacob Shank the above named testator as and for his last will and testament n the presence of us who at his request in his presence and in the prexence of each other have subscribed our names as witnesses thereto Wm Metzger Daniel Linebaugh Ezra Moser State of Maryland, Frederick County, to wit: On this 30th day of April 1867 came George Shank and made oath on the Holy evangley of almighty God, that this aforegoing instrument of writing is the true whole will and testament of Jacob Shank late of Frederick County deceased, that has come to his hands and possession that he found the same among the private papers of the testator and that he does not know of any other of a later date. Test. T. L. McLain, Regst. State of Maryland, Frederick County, to wit: On the 30th day of April 1867 came William Metzger and Daniel Linebaugh and Ezra Moser the subscribing witnesses to the aforegoing last will and testament of Jacob Shank late of Frederick County, deceased, and they first made oath on the holy evangely of Almighty God and the latter solemnly sincerely and truly declared and affirmed that they did see Jacob Shank the Testator therein named sign and seal this will, that they heard him publish 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 apprehension, of sound and disposing mind memory and understanding and that they respectively subscribed their names as witnesses to said will in the presence of and at the request of the testator and that they did also see each the other subscribing witness sign his name as witness to said will at the request of the testator in his presence and all in the presence of each other. Test. T.L. McLain Regst.