Transcription of the 1st and 2nd Will of John Fasnacht - 1807 Washington County, Maryland Contributed for use in USGenWeb Archives by Suzy Bettac. suzybettac@juno.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 ************************************************************************ EDITOR'S NOTE: John Fasnacht made two wills both of which were recorded in the will book in Washington County, MD. The second will was recorded first. Transcription of the 1st and 2nd Will of John Fasnacht - 1807 Washington County, Maryland Liber C, Folio 116-118 [Second Will] In the name of God, Amen I John Fausnaught of Washington County and State of Maryland bein gin perfect health of body and 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 better prepared to leave this world when it shall please god to call me home do therefore make and publish this my last Will and Testatment in manner and form following, that is to say. - 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 descretion of my Executrix and Executors herein after named and after my debts and funeral charges are paid I devise and bequeath as follows, It is my will and desire that my beloved wife Juliana and my executors shall rent out the place & that my beloved wife shall have the one third of the rent during her natural life the small grain to be delivered to her in the bushel the hay and second crop to be hauled in the barn & that she shall have the Priveledge of living in the House where I at Present live and to have the benefit and use of all my Personal Estate during her natural life I also give unto my wife Juliana and unto my Executors herein after named full Power and authority to sell and convey all my estate both real and Personal, Provided my wife should be willing to sell during her life and it is my will should there be a sale that she shall have one third part of my estate both real and personal during her natural life and after her decease her portion to be equally divided among all my Children and the Heirs of my Daughters Anna Maria and Susanna and the Heirs of such as may be dead; it is also my that no appraisement shall take place until my wifes decease without she should agree to sell the place and it is also my will and desire that until my place is sold that the tenant that may be on it shall make and haul five hundred rails every year from my mountain land in order to save the Timber on the home place. It is further my will and desire that should there not be a sale during the natural life of my wife, that after the Decease of my wife my Executors herein after named shall sell and dispose of at Publick Sale all my estate both Real and Personal to the best advantage hereby giving into my said Executors full power and authority to convey the same, and it is my will and desire that the money arising from such sale shall be equally divided among all my children and the children of such as may be dead, and it is further my will and desire that my executors shall put the share belonging to the Heirs of my Daughter ^Anna Maria to interest and pay it to them as they may arrive at lawful age, and it is also my will and desire thay my Executors shall put the share belonging to the Heirs of my Daughter Susannah to interest and only pay to my Daughter Susannah the interest thereof during her natural life, but if the Interest should not be sufficient to support her comfortably, that then it is my will that my Executors shall give her every year as much Principal as he may think proper and the Balance should there be any left after her death to be equally divided among her lawful Heirs begotten of her body.- And lastly I do hereby constitute and appoint my dear wife Juliana Executrix and Henry Shafer sole Executor of this my last Will and Testament, revoking and annulling all former wills by me heretofore made, ratifying and confirming this and none other to be my last Will and Testament. In Testamony whereof I have hereunto set my hand and affixed my seal this second day of June in the year of our Lord one thousand eight hundred and six. John (X-his mark) Fausnaught (seal) Signed, sealed, Published and declared by - John Fausnaught the above named Testator as and for his last Willa nd 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 - Jacob Schnebly, John Hefleich, Wm. Pehrson Washington County: to wit On the 15th day of June 1807 came Juliana Fausnaught and Henry Shafer and made oath on the Holy Evangels of Almight God that this is the true and whole will together with the annexed intrument also puporting to be the last Will of John Fausnaught late of Washington County Deceased that hath come to their hands and possession and that they do not know of any other. At the same time came Jacob Schuebly and John Hefflex and made oath & that they did see Testator herein named sign and seal this will also the annexed instrument of writing purporting to be the last 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 apprehensions of sound and disposing mind memory and understanding and that they subscribed their names to this will in the presence and at the request of the Testator and that they saw the other subscribing witness do the same Certified by George C. Smoot, Reg. [First will also registered] In the name of God, Amen. I, John Fausnaught of Washington County and State of Maryland being weak in body but of good and sound understanding thanks be to God for the same, knowing that it is appointed for all men once to dye do make and Publish this my last will and testament, First I recommend my soul to God who gave it and hoping at the General day of resurrection to rise again and through the merits of Jesus Christ to Inherit the Kingdom of Heaven prepared for his Elect and chosen and for setling my temporal Estate and such Goods and Chattles as it hath pleased God to bless me with above my Desarts, I settle in the following manner (to wit) first it is my will and desire that all my just debts shall be paid in a Convenient time after my Decease by my Executors hereinafter named. I will and order that my beloved wife Juliana shall have & enjoy all my real and Personal Estate during her natural life or during her widowhood, and it is my will and desire that after my wife's decease or in case she should marry again that then my Executors shall dispose of at Publick Sale both my real and Personal Estate, and the money arising from the real and Personal shall be equally divided among all my children excepting my Daughters Susanah Ardenhouse and Anna Maria Creak, the Heirs of each of them to have the mothers share equal to one of the other children when the arrive at Lawful age, and it is my will and desire that my Daughters Susanah Ardenhouse shall have the interest that may arise from the share alloted to her children during her Natural life provided she does not marry again to be paid her by my Executors I do hereby authorise and impower my Executors to make a Deed of Conveyance to the purchaser on the last payment of the Purchase money for my real estate and lastly I do hereby nominate and Appoint my trusty friends Adam Shoop and Henry Shafer sole Executors of this my last Will and Testament hereby revoking all former wills by me made. In witness whereof I have hereunto set my hand and seal this third day of August one thousand eight hundred and four. John (X - his mark) Fausnaught (seal) Signed, sealed, Published and declared by - John Fausnaught the above named testator 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 David Harry, Jacob Schnebly, john Hefleick.