The Will of Thomas DeRochbrune, 1875, Queen Anne's County, Maryland Contributed for use in USGenWeb Archives by Cathy Downes [Cathy_Downes@msn.com] Copyright. All Rights Reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/md/mdfiles.htm ********************************************************* THOMAS DEROCHBRUNE The will of Thomas DeRochbrune, 1875, Queen Anne's County, Maryland In the name of God Amen, I Thomas DeRochbrune of Queen Anne's County in the State of Maryland being weak and feeble in body but of sound and disposing mind, memory and understanding, do make publish and declare this my Last Will and testament as follows. I give bequeath and devise to James Mullikin and Emily Mullikin his wife for and during their join lives and to the survivor of them for and during his or her life and to the children of the said James Mullikin and Emily Mullikin that may be living at the time of the death of the said survivor of them all my real estate consisting of the farm whereon I now reside and which I purchased of the late Pere Wilmer and which will be found to be fully described in a deed from the said Pere Wilmer to me duly recorded among the land records of Queen Anne's County upon the following conditions and requirements to wit, that the said James Mullikin shall take out letters testamentary and administer upon my personal estate, and apply all of my personal estate except certain articles which I have hereinafter specifically bequeathed to my wife and to Emily Mullikin respectively to the payment of my just debts, funeral expenses and the costs and charges of administration upon my said personal estate and shall also pay the balance of my debts remaining unpaid after my said personal estate shall have been applied as aforesaid and exhausted and shall also pay the pecuniary legacies which I hereinafter bequeath and set forth, and the annuity which I also hereinafter bequeath and in the event of the refusal or failure of the said James Mullikin to comply with and perform any and all of the aforesaid conditions and requirements I hereby declare and and (repeated in document) pronounce the aforesaid devise of my real estate and each and every part of the aforesaid devise of my real estate to be null and void and of no effect, and I hereby require the said James Mullikin to signify in writing to Orphan's Court for Queen Anne's County within thirty days from the time of my death his willingness to accept and to perform the aforesaid requirements and conditions otherwise he shall be regarded as having refused and declined the same. And should the aforesaid devise of my real estate be of no effect and void by reason of the refusal or failure of the said James Mullikin to comply with and perform any and all of the aforesaid conditions and requirements I hereby give and devise said real estate consisting of the farm aforesaid to Joseph B. Orrell provided the said Joseph B. Orrell will take the same and pay for the same at the rate of twenty dollars per acre, and I hereby require the said Joseph B.Orell to signify in writing to the Orphan's Court for Queen Anne's County within thirty days from the time of the refusal or failure of the said James Mullikin to comply with the conditions and requirements aforesaid, his willingness to take said real estate and pay for the same at the rate and price aforesaid; otherwise he the said Joseph B. Orrell shall be regarded as having refused and declined the same and the aforesaid devise of my said real estate to him the said Joseph B. Orrell shall be null and void and of no effect. And should both of the aforesaid devises of said real estate be of no effect and void for the reasons and causes above set forth, then I hereby authorize and empower and direct my son George DeRochbrune to sell and dispose of all my real estate consisting of the farm aforesaid at public sale to the highest bidder after giving twenty days public notice of the time place and terms of sale which terms shall be a credit of twelve and eighteen months, and I hereby further direct and empower my said son George DeRochbrune to distribute the proceeds of said sale equally among my children Emily Mullikin, Adaline Orrell, Mary E. Leaverton, George DeRochbrune, Sarah Ann Mullikin, and Eliza Wilkinson. Said sale to be made subject to the annuity of fifty dollars, which I hereinafter bequeath to my wife and which in the event of said sale I hereby charge upon said real estate. I hereby give and bequeath to my children Mary E. Leaverton, George DeRochbrune, Sarah Ann Mullikin & Eliza Wilkinson each the sum of two hundred dollars and to my child Adaline Orrell the sum of three hundred dollars to be paid to my said children respectively by the said James Mullikin should the said James Mullikin elect to comply with and perform the conditions and requirements _____ upon him in the former part of this will; and should the said James Mullikin refuse said conditions and requirements and the said Joseph B. Orrell elect to take my real estate at the sale and price of twenty dollars per acre as herein before stated then I revoke each and all of the foregoing legacies and give and bequeath and devise to my children Adaline Orrell, Emily Mullikin, Mary E. Leaverton, George DeRochbrune, Sarah Ann Mullikin and Eliza Wilkinson each and equal share and portion of the money to be paid by said Joseph B. Orrell as aforesaid. I give and bequeath and devise to my wife Margaret DeRochbrune for and during her natural life and in lieu of her dower, the annual sum of fifty dollars and hereby charge my real estate with the payment of this annuity in whosoever or whatever hands said real estate may go, and it is also my will that my wife the said Margaret DeRochbrune shall have the privilege of occupying the room known as the parlor in my present dwelling and I also give and bequeath to my wife the said Margaret DeRochbrune her choice of one bed, and one bedstead and such bedding as she may select and my silver tablespoons. (First sheet of will and testament of Tho.DeRochbrune of December 11 - 1867. The balance being written upon one side of another sheet. T. DeRochbrune Test" ___ Keating Annie E. Orrell Alfred Tucker And I hereby give and bequeath to my daughter Emily Mullikin such furniture in my dwelling as is known as the parlor furniture and my silver tea spoons - and I hereby constitute and appoint James Mullikin Executor of this my last Will and testament. Witness my hand and seal this Eleventh day of December eighteen hundred and sixty seven. T. DeRochbrune (seal) Signed sealed published and declared by Thomas DeRochbrune as and for his last Will and testament in our presence who at his request and in his presence and in the presence of each other have subscribed our names hereto as witnesses hereto - the words "Adaline Orrell" having first been interline in the fourteenth line from the top of the fourth page of said Will and testament and the work "Mullikin" having first been erased and the work "Wilkinson" written above said erasure in the tenth line of the third page of said Will from the bottom of said line. Thos. ? Keating Annie E. Orrell Alfred Tucker Queen Anne's County set, August 27 1875 Then came Thos. ? Keating, Annie E. Quimby (formerly Annie E. Orrell) and Alfred Tucker, the subscribing witnesses to the within and foregoing Will and made oath on the Holy Evangely of Almighty God; that they did see Thomas Derochbrune, the within named Testator sign his name to the foregoing Will; that they heard him publish, pronounce and declare the same the same (repeated in document) to be his last Will and Testament, that at the time of so doing, he was to the best of their apprehension of sound and disposing mind memory and understanding that they subscribed their names as witnesses to the said Will in the presence of each other, in the presence of the Testator and at his request. James P. Dudley Reg Wills for Queen Anne's County Queen Anne's County set, 1875 Then came James Mullikin Executor herein named and made oath on the Holy Evangely of Almighty God that the foregoing Will is the true and whole last Will and Testament of Thomas Derochbrune late of queen Anne's County deceased that hat come to his hands or possession, and that he does not know of any other. James ? Dudley Reg Wills for Queen Anne's County To the Honorable the Judges of the Orphan's Court for Queen Anne's County. I hereby accept and agree to perform the requirements and conditions contained in the last will and testament of Thomas DeRochbrune late of Queen Anne's County, deceased, recorded in Liber WA? ?? folios 143,144,145 & 146. Witness my hand and seal this eleventh day of September eighteen hundred and seventy five. James Mullikin (seal) Witness B. Palmer Keating.