Will of James Franklin ABELL (1896); St. Mary’s County, Maryland This file was contributed by Judith Burger. ************************************************************************ * USGENWEB NOTICE: In keeping with our policy of providing free information on the Internet, data may be freely used by non-commercial entities, as long as this message remains on all copied material. These electronic pages may NOT be reproduced in any format for profit or presentation by other organizations. ************************************************************************ James Franklin Abell Signed: February 26, 1896 Proved: January 24, 1899 Last Will and Testament of James Franklin Abell In The name of God Amen: I, James Franklin Abell, of St. Mary's County, state of Maryland, being of a sound and disposing mind, memory and understanding, and considering the certainty of death and the uncertainty of the time thereof, and being desirous of settling my worldly affairs and thereby be the better prepared to leave this world when it may please g od to call me hence, do, there fore, make, publish and declare this to be my last will and testament in manner and terms as follows, ~~ to wit: First and principally I commit my soul into the hands of Almighty God and my body to this earth to be decently burried, and after my debts and funeral expenses are paid by my Executor hereinafter named, I give, devise and bequeath all my estate real, personal and mixed as follows: Item 1st : I give, devise and bequeath to my son Charles Abell, in fee simple, the two farms I bought of James H. Wilson, trustee of the estate of the late B. I. Abell, called and known as "Placentia" and Retirement, together with all the crops and rents of the same which may be due at the time of my death; also about twenty acres of Marsh land near Medley's Neck C. C. Church, the latter being a part of a farm I bought of Danl. C. Hammett, trustee of the estate of the late J. Thompson Yates. Item 2nd: I give, devise and bequeath to my son Enoch B. Abell, in fee simple, the farm I purchased at Sheriff's Sale and known as the "Tommie Wilkinson" farm; also the tracts or parcels of land I purchased of Geo. C. and Enoch B. Abell, trustees of the estate of the late Jno. B. Abell, called and known as Abell's Content, or more Commonly "The Hells" or "Hell Gate"; also another tract or parcel of land similarly purchased called and known as "Bought of Spalding and Three Friends"; also the farm I purchased of Leo M. Wathen, Sheriff called and known as Landsdale, including two lots near Fenwick's Mill; also a part of tract or parcel of land similarly purchased, called and known as "Ishmaels Freehold", the crops and rents of same due at the time of my death, also the sum of five thousand dollars cash, the same to be deducted from my personal estate before the distribution of same shall be made. Item 3rd : A. I give , devise and bequeath to my daughters, Ann E. Greenwell, Lillian B. Abell and Susan M. Abell, the following property, during their natural life, with full authority and power of disposing of same by gift, deed, last will and testament, or otherwise, provided, that in the event of the death of either of my said daughters without issue of their body lawfully begotten, or without having disposed of the property hereby to either of them bequeathed, the same shall revert to the survivor, or survivors of my said daughters; and provided further, that in the event of the death of all of my said daughters without issue of their body lawfully begotten, or without having disposed of the property by this my last will and testament to them bequeathed, the said property shall revert to my estate and rest I my proper heirs at law; viz. ~~~ To Ann E. Greenwell, subject to the above terms and conditions, as part of my home farm called and known as Revel's Backlide, contained within the following lines, to wit.` Beginning for the same at a point on Breton' bay where a line of fence divides my said farm from that of Joseph F. Gough, in Medley's Neck section, 3rd election District, thence with said line of fence to the public road leading down through Medley's Neck to the Potomac river; thence in an easterly direction with a line of fence along said road to the road that leads to the wharf, thence with a lone of fence along said wharf road to a point about two hundred yards from my barn, and near where the outer lane gate used to stand, thence across said wharf road and with a line of fence in Fox's Point field to the first ravine, thenc with another line of fence in said field to a point on the shore near what is known as the old lime Kiln, thence with said shore towards the mought of the bay to the beginning, together with the wharf and the buildings and appurtenances, rights and ways thereon, or thereto ~ belonging. Item 3rd B. I give devise and bequeath to my daughter Lillian B. Abell, subject to the terms and conditions above named in item 3rd A., the balance of the arable portion of my said home farm contained in the following lines, ~ Beginning from the same at a point on Breton's bay near what is known as the old lime Kiln and running with a line of fence to a point near the head of a ravine, thence with another line of fence to the road leading to the wharf, thence up said wharf road until it intersects the public road leading from Our Lady's Chapel to St. George's thence with said road in the direction of said chapel to the line of fence deviding my said home farm from the lands of James C. Greenwell's heirs, thence with said deviding line to a point on Breton's bay near Fox's Point thence with said shore to the begining: also the detached tract of land called Cedar Hill. Item 3rd C. I give, devise and bequeath, subject to the terms and conditions named in item 3rd A., The woodland belonging to my home farm, in common to my daughters Ann E. Greenwell and Lillian B. Abell ~ Item 3rd D. I give, devise and bequeath to my daughter Susan M. Abell, subject the terms and conditions named in item 3rd A., the farm I purchased of John F. Harris and others, called Rosedale; also the farm I purchased of Geo. C. and Enoch B. Abell, Trustees of the estate of the late John B. Abell, called Green Hills, or Johnson's Neck; also about 60 acres of woodland similarly purchased and called "Bought of Geo. Forbes' Heirs", together with all the crops and rents of the same which may be due at the time of my death. Item 3rd E., I give and bequeath to my daughters Ann E. Greenwell, Lillian B. Abell and Susan M. Abell, share and share alike, and subject to the terms and conditions named in iten3rd A., all the crops and rents that may be due at the time of my death, on my home farm, together with all the live stock of every description thereon; also all the household and Kitchen furniture, farming implements, carriages, buggies and all other tangible personal property of every Kind and description that may be on my said home farm at the time of my death. Item 4th A. I give, devise and bequeath to my sons Charles Abell and Enoch B. Abell, in trust, for the use and benefit of my grand children, Mary Lucile Camalier, Franklin A. Camalier and Ruth E. Camalier, the following property, to be held in trust, during their minority, by said trustees, and to be controlled and managed by said trustees at their discretion, during said minority, and, upon their arrival at legal age, to be conveyed by said trustees, to my said grand children for and during their natural life, with full and complete authority and power of disposing of the same by gift, deed last will and testament, or otherwise, provided, however, that in the event of the deathe of either of said grand children without issue of his or her body lawfully begotten, or without having disposed of the property to them bequeathed, then the same shall revert tot he survivor, or survivors of said grand children; and provided, further, that in the event of the death of all of said grand children, without issue of their body lawfully begotten, or without having disposed of the property hereby , to them bequeathed, then it shall revert to my estate and rest in my proper heirs at law, viz. ~ (This was a defective leaf. Philip Buckler, Register of Wills Page 67 Item 4th B. In trust as above, subject to the conditions heretofore named, for the use and benefit of my grand daughter, Mary Lucile Camalier a house and lot in Leonardtown, located near the Court House, together with the restaurant, and all buildings thereon; also a lot I bought of Joseph H. Key and lying immediately back of said house and lot with the rents due on said property at the time of my death; also one thousand dollars in cash to be deducted from my personal estate before the distributi9on of same hereinafter shall be made. Item 4th C. In trust as above, subject to the conditions thereafter named in item 4th A., for the use and benefit of my grand son, Franklin A. Camalier, the farm I purchased of Joshua Stone, called and known as the Brick House Farm; also all my interest (the same being one third) in a farm purchased of the estate of the late Ignatius Hayden, together with the crops and rents of the same due at the time of my death. Item 4th D., In trust as above, subject to the conditions thereafter named in item 4th A., for the use and benefit of my grand-daughter, Ruth E. Camalier, the farm I purchased of Lewis F. Combs and wife situated upon the Potomac river, together with all the crops and rents of the same due at the time of my death; also fifteen hundred dollars in cash to be deducted from my personal estate before the distribution of same hereinafter named shall be made. Item 5th. I give, devise and bequeath to the Trustees of Our Lady's Chapel, Medley's Neck, for the benefit of the Church, the sum of one hundred dollars. Item 6th: I give, devise and bequeath to my executors herein after named the sum of four hundred dollars to be distributed by them at their discretion for charitable purposes; the said last two bequests to be deducted from my personal estate before the distribution of same shall be made. Item 7th: All the rest and residue of my estate, consisting of Bonds, Mortgages, Notes, Judgements, Bills of Sale, Money &c., with the exception of the special bequests in cash herein before made, I give, devise and bequeath as follows: One sixth part thereof to my son, Charles Abell, absolutely; one sixth part thereof to my son; Enoch B. Abell, absolutely; one sixth part thereof to my daughter, Ann E. Greenwell, subject to the terms and conditions named in item 3rd A. of this my last Will and Testament; one sixth part thereof to my daughter, Lillian B. Abell, subject to the terms and conditions named in item 3rd A., of this my last will and Testament; one sixth part of same, to my daughter Susan M. Abell; subject to the terms and conditions named in item 3rd A., of this my last will and testament; and the remaining one sixth part thereof to my sons Charles Abell and Enoch B. Abell, in trust for the use and benefit of my grand children Mary Lucile Camalier, Franklin A. Camalier, and Ruth E. Camalier, in accordance with the terms and conditions as specified in item 4th A., of this my last will and testament. Item 8th : And lastly I do hereby constitute and appoint my two sons, Charles Abell and Enoch B. Abell, Executors of this my last will and testament, without being required to give bond for the faithful performance of their duties either as Executors or trustees under this my last will and testament, revoking and annulling previous wills and testaments and codicils by me made, and declaring, ratifying and confirming this and no other to be my last will and testament. In testimony whereof I have hereunto set my hand and affixed my seal this 26th day of February, in the year 1896. James F. Abell (((Seal))) Signed, sealed, published ad declared by the above named testator, James F. Abell, as and for his last will and testament, in the presence of us all, who at his request, in his presence and in the presence of each other have hereunto subscribed out names as witnesses thereto. Frank M. Holmes Walter B. Dorsey Filed Jany 24th 1899 St. Mary's County, ss.On the 24th day of January, 1899, came Charles Abell and made Oath in due form of law that he does not know of any other Will of James F. Abell, late of said County, deceased other than the above instrument of writing, and that he received the same from Enoch B. Abell, son of said deceased, on the 24th day of January, 1899. Sworn in open Court. Test: Philip T Buckler; Regr..of Wills for St. Mary's County. St. Mary's county, Ss.On the 24th day of January, 1899, came Walter B. Dorsey, one of the two subscribing witnesses to the aforegoing last Will and testament of James F. Abell, late of said County, deceased, and made oath in due form of law, that he did see the Testator Sign and seal This Will, that he 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 his apprehension of sound and disposing mind, memory, and understanding, and that he together with Frank N Holmes subscribed their names as witnesses to this Will in his presence at the request of the Testator, and in the presence of each other. Certified By: Philip T. Buckler.Regr. Of Wills for StMary's County St. Mary's County, to wit: On the 24th day of January, 1899, came Ashby Burroughs and made oath in due form of law, that Frank N. Holmes one of the subscribing witnesses to aforegoing last Will and Testament, is now deceased; that he is familiar with the hand-writing of the Testator and also of the witness, Frank N. Holmes and that the signatures affixed to the aforegoing will are the genuine signatures of said testator and said subscribing witness. Certified By:Philip T. Buckler Regr.. Of Wills for St. Mary's County (over) In the Orphans' Court of St. Mary's County: The Court, after having carefully examined the above last Will and Testament of James F. Abell, late of St. Mary's county, deceased, and also the evidence adduced as to its validity, Orders and Decrees, this 24th day of January, A.D. 1899, that the same ve admitted in this Court as the true and genuine last Will and Testament of the said James F. Abell, deceased. A.A. Lawrence, Chief Judge Benj. M. Dunbar} John H. Mattingly} Associate Judges Test:Philip T. Buckler Regr.. of Wills. ******************************************************************************** ******************************* Transcribed by Judith A. Burger March 29, 2001 from a photocopy of the original court record, PHD 1, 64- 70, obtained from Norma I. Dawson, Register of Wills, Saint Mary's County, Maryland. The photocopy was good, and the writing legible. I made no corrections of any kind.