Will of Jacob HESS (1815); Washington Co, Maryland This file was contributed by John Wolfe . ************************************************************************ 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. ************************************************************************ WILL OF JACOB HESS IN THE NAME OF GOD, AMEN, I, Jacob Hess, of Washington County and the State of Maryland, being of an old age but of sound and understanding and knowing that it is appointed for all flesh to yield unto death, I do hereby on the twelfth day of March in the year One Thousand eight hundred and fifteen constitute and ordain this my last will and testament. And first I recommend my Soul to Almighty God who gave it whoping through the merits of Jesus Christ to inherit the Kingdom of Heaven prepared for his elect and chosen and now for Setling my temporal estate and such goods and chattels as it has pleased God to bless me with, I settle in the following manner, and bequath unto my son David Hess his heirs and assigns forever all that part of land I have any right or title to which may be included in the following meets and bounds, to begin at a large stone set up and planted by the side of Frederick Welty's adjoining the waggon road leading from my Mill to Boonsbury and runing by and with said road towards Boonsbury untill it intersects the West lines of the whole of my land then to run and bound Westerly on my outline adjoining Michael Specart and Jacob Thomas until it entersects Anteetam Creek then to run and bound on and with the banks of said Creek downward until within three quarters perches above the Spring known by the name of Burrel's Spring and from thence to run one half perch unto said Creek then to run four perches down paralel with the meanders of said creek one half perch in said creek then to run south untill the bank of said creek then still down and with the banks of said creek and on the East side thereof as far as I hold land adjoining on the East side of said creek and thence from the beginning of a tract of land Burrels Bower and from thence to run with my outlines untill it intersects the Resurvey on Dear Bought then to run with that tract to the end 46 perches on the twentieth line of said Resurvey and from thence North 17 1/2 degrees East 3 perches to a stone marked A set up for the division of my son David and my daughter Margratt and to run from thence South 56 degrees East 49 1/2 poles North thirty three and one half degrees East 4 perches to a stone, then with a straight line to the beginning, Excepting that part of land that I have heretofore conveyed to Andrew Rinehart containing by estimation about two hundred and fifty acres of land be the same more or less, he my son David his heirs or assigns to pay for the tract of land the sum of Seven Hundred pounds and on the following condition(towit), One year after my decease to my daughter Rozenah Shafer, the second payment to Catherine Grove, the third payment to my granddaughter Elizabeth Mumma, the fourth payment to Rozena Shafer, the fifth payment to Catherine Grove and Sixth and last payment to Elizabeth Mumma. If my son David should pay any part of the aforesaid legacy to any of my children as aforesaid dureing my lifetime any receit from any of my children to which he hereby is bopund to pay, shall be a bar and discharge whatever amount of payment may be stated in said receit. I hereby subject and burden the aforesaid land for the payment of the aforesaid Seven Hundred pounds. I also give to my Son David his Heirs and assigns forever the residue of my land in the South Mountain which is not willed or conveyed to any of my other children hereafter named, he my son David to let the rest of my children hereafter named have a waggon road through his land to their land. I hereby will and bequeath unto my daughter Margratt her heirs and assigns forever all the following land that may be included in the following meets and bounds, (to wit, beginning at the said part at the beginning of my son David's part and running thence South fifty three degrees West fourteen perches then in the centre of the new road laid off from my Will to Boonsbury South two degrees West forth poles South fifty five degrees West forth two perches Soutrh twenty nine and one half degrees West forteen perches-South forty eight degrees West thirteen and one half perches, then leaving said road and running North eighty degrees west thirty one and one half perches to a large stone near the Creek from said stone North eighteen degrees East three and one half perches and two feet-North sixty two degrees west two perches lacking ten feet-South seventy degrees west five and one quarter perches, North sixty five and one half degrees west nineteen perches to a stone on the hill of the creek-North fifteen and one half degrees east twenty eight perches and three feet to a stone-North sixty eight degrees west seventy five perches to a stone-North seventeen and one half degrees East one hundred and thirty eight and one half perches to a stone marked A set up and planted as a devesion line between my son David and Magrat and from thence to run and bound to David's part to the beginning, containing by istemation about one hundred acres of land more or less. I also will and bequath to my daughter Margratt her heirs and assigns forever all that small piece of land to the East of the new waggon road leading from my Mill to Boonsbury, it being the part heretofore or hereafter not willed or conveyed away. I will and bequath unto John Hess, David Hess, Henry Hess, Elizabeth Hess, Samuel Hess and Susanna Hess, heirs and children of my son John Hess, now deceased, to them their heirs and assigns forever, the whole of my land and Mills hereafter discribed. The first parcel being the land I now live on with the improvements Mills and all the utensils thereto belonging, the said land to be bounded as follows, to begin at the end of the first line of Margratt's part and to run by and with Margratt's part untill it intersects the land my son John purchased from Robert Smith and from thence to run in such manner as to include all the land in this my homeplace hereafter not willed away by me, and a small tract of land near Antiatem Creek it being the land I purchased from James Chapline and also a tract of land I hold adjoining George Showman's and Nicholas Huffer and the p[lace I purchased from Benjamin Burrel it being also the land I purchased from James Chapline and also another tract of land on Antiatam Creek lying between George Lowman and Michael Spesart-and above the Spring house known by the name of Donalson's Spring, it being the land I purchased from Laurence O'Neal, the whole of the aforesaid lands and mills to be held on the following condition- that my son Jacob Hess, david Hess, henry Shaver, Andrew Rinehart and Philip Grove shall hereby have full power and authority to rent out the aforesaid estate to the best advantage, that they in their best judgment may think most advantageous for the use and benifit of the aforesaid six children, amd the aforesaid five gentlmen, shall see to the decent maintenance and education of the whole of my six children, and if the aforesaid five gentlmen are of one unanimous opinion that it would be advantageous to said six children to have the estate sold and the money divided among them that they shall have full power and authority to sell and convey the aforesaid estate upon such condition as they on their judgment may think best for the whole of the aforesaid six children and that the aforesaid six children shall draw and equil portion out of the aforesaid estate that John Hess shall draw and receive out of the aforesaid estate two hundred pounds more than one of the rest-my reason for doing so is his grandmother and myself raised him as our own child. My will and order is that the aforesaid five gentlmen shall have in their power to pay the aforesaid six children their respective legacys as they may think just and right, they are not bound to pay them by seniority. I will and order that if any or more of the aforesaid five gentlmen should depart this life before the whole of the estate is finally setled, that the survivors shall choose and appoint another gentlman in the stead of those deceased who shall and are hereby fully authorized to act in the place of those that I have appointed. I hereby subject and burden the aforesaid to pay to Elizabeth Mumma my granddaughter the sum of six hundred pounds current money with interest from the date of this will, to be paid by the aforesaid five gentlmen when they can conveniently receive it out of the aforesaid estate. I will and order that Susan Hess, widow of my son John Hess, shall receive such a sum of money out of the aforesaid estate as to make it amount to one thousand pounds imbracing her thirds of her husband's personal property, that is to say after the aforesaid five Gentlmen has ascertained what she has received from her husband's estate whatever it may be lacking of the one thousand pounds they are hereby bound to pay out the aforesaid children's part of the estate such a sum as to compleat the aforesaid one thousand pounds that is to be hers forever. I further give and bequath unto the aforesaid widow the new part of my Dwelling house-the east end of the Spring house-the little horse stable above the house-the part of the garden east of the upper road that runs through the garden and to have the priviledge of the choice of five apple trees in the orchard so that they shall not be all of one sort and full priviledge of the one half of the kitchen and one fourth of the seller and pasture for two cows and one horse and have priviledge of cuting yearly seven cords of wood whare eather of the gentlmenb aforesaid may direct her third to be and remain untill the estate may be sold or as long as she remains a widow but as soon as the estate is sold or that she marry again that the above to sease except the part of the aforesaid one thousand pounds that to be hers forever, without any execptions. Signed in the Presents of the following witnesses: Michael Piper, John Hine, Jonas Hogmore, John Sigler Jacob Hess The following Codicil was made by me 15th of April 1815. Upon further reflection of the aforegoing I hereby in sound understanding make the fololowing alterations. First I hereby give the aforesaid five persons named in the aforegoing will full power and authority that if they think proper the aforegoing estate that I have will to my six grandchildren to one or more of them at what ever price in their judgement they think that such of the children receives said estate pay unto the rest of them that got no part of said Rail estate and that if the afoursaid five men should determine and agree to give said estate to any of them at what they shall value the part-inthat case they shall and are hereby authorized to make them a deed of conveyance for the said estate they taking bonds with sufficient Security for those children to whome they may think proper to convey to for use and benefit of thoes other children that receives no part of said Rail estate. My will and desire is that the afoursaid five men shall and may eather sell the afoursaid estate and divide the smae as stated in my first will or to give it to any one or more of said six children at what they shall apprase the estate that shall be left entirely to them at their discretion. I further will and bequath unto my daughter Rozenah Shafer, Margratt Rinehart and Philip Grove and my granddaughter Elizabeth Muma the whole of my personal property which is not heretofore willed away, they to divide among the same among themselves and they to pay my just debts(if any) out of said personal property. I hereby will and order that if I in my lifetime should pay Elizabeth Mumma as part of the aforesaid six hundred pounds which is to come and be raised out of the land willed to my six grandchildren any receit shall be deducted out of the aforesaid 600 pounds as so much paid to her. In Witness whare unto I have hereunto set my hand and affixed my seal to this my Codicil in Presents of the following subscribers: Michael Piper, John Sigler, Jonas Hogmire. Jacob Hess