Frederick County MD Archives Wills.....Buckingham, Elias August 23, 1844 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/md/mdfiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Kimberly Sterling azgnilrets@cox.net April 14, 2005, 11:01 pm Source: Will Written: August 23, 1844 Recorded: October 21, 1844 In the name of God Amen, I Elias Buckingham of Frederick County in the state of Maryland being sick and weak in body but of sound and disposing mind memory and understanding, considering the certainty of death, and the uncertainty of the time there of, 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 hence, do therefore make and publish this my last will and testament in the manner and form following, that is to say. First and principally I commit my soul into the hands of the almighty God, and my body to the earth to be decently buried at the discretion of my debts and funeral charges are paid. I devise and bequeath as follows, that is to say. First it is my will and desire, that my executors herein after named shall continue the loan of money made to me, if the same can be done, as it is my will and desire that my estate shall not be exposed at public auction at the present. And if the aforesaid loan must be paid, I will that my executors herein after named, shall borrow as much as will liquidate the said claim, and mortgage my real estate for the same. And so on from time to time until the increase arising from said estate liquidizes the said claim, but notwithstanding. I will my executors to have free and full power to sell my estate at any time, whenever they may honestly and justly conceive? it to be the most advantage and beneficial to my family, and if such sale shall take place, I will that my executors shall have full power to make to the purchaser or purchasing a good and sufficient deed for the same, and after all my just debts shall have been paid by my executors, the residue of the money arising from such sale. It is my wish and desire, that my executors purchase (but by the consent of my widow if the same she be) a real estate to as near the amount of the residence as possible. And when this shall have been done, I give and bequeath unto my wife Matilda Buckingham during her natural life if she continues in widowhood, all of the real estate last mentioned, but if she does marry on the day of marriage she shall be excluded to all right titles or interest whatsoever to my estate. And if such marriage should take effect as foresaid, then the said property to be still in the hands of my executors to be rented or disposed of for the benefit of my children namely William G. Buckingham, Lucinda S. Buckingham, Silas H, Buckingham and Martha Ann Buckingham, as my executors may judge to be for the better, to share and share alike. I also will and bequeath all my personal estate to my wife Matilda Buckingham under and by the same conditions as that of my real estate. But if the sale aforesaid be not made, and my executors see proper not to sell, It is my will that my wife Matilda Buckingham while she shall live unmarried after my death, to have free and full power of the farm on which I now reside and also my personal estate during her single life, but if she shall marry, on the day of her marriage she shall be excluded from right title claim or interest to said estate, and if she does marry then the estate to be still in the hands of my executors to be rented or disposed of accordingly to the best of their knowledge for the benefit of my children before named to be equally divided between them share and share alike and it is also my will and wish that which ever way my executors may see proper to do with my property aforesaid, that all and each of my children shall have a home on said property while they may live single provided they behave as children ought to do towards a parent. And lastly, I do hereby constitute and appoint Henry Nelson and John Harding to be my sale executors 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 witness whereof, I have hereunto set my hand and affix my seal this twenty third day of august in the year of our Lord one thousand eight hundred and forty four. Signed sealed published and declared by Elias Buckingham the above named testator as and for his last will and testament in his presence, and in the presence of each others have subscribed or names as witness thereunto Joel Hall James Smith Mahlon Swamley State of Maryland, Frederick County, to wit; On this 21st day of October 1844 came Henry Nelson and made oath on the Holy Evangely of almighty God, that the foregoing instrument of writing, is the whole will and codicil of Elias Buckingham late of Frederick county deceased that his widow, and that he does not know of any other. Test G. M. Eichelburger State of Maryland, Frederick County to wit; On this 21st day of October 1844 came Joel Hall, James Smith and Mahlon Swamley the subscribing witnesses to the foregoing last will and testament of Elias Buckingham late of Frederick County deceased the first named of whom solemnly, sincerely, and truly affirmed and declared and the two latter named, made oath on the Holy Evangely of the Almighty God, that they did see Elias Buckingham the testator therein named signed and sealed 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 apprehensions of a sound mind and disposing mind, memory and understanding, and that they respectively subscribed their names as witnesses to said will in the presence and at the request of this testator and all in the presence of each other. Test G. M. Eichelburger Whereas I Elias Buckingham of Frederick County in the state of Maryland have made and duly executed my last will and testament in writing bearing the date the 23rd day of August in the year of 1844. Which said last will and testament and every clause, bequest and devise there in contained. I do hereby ratify and confirm and saving and excepting such clauses bequest and devise therein mentioned as an and by me herein after revoked and made void and being desirous to alter some parts thereof. And of making additions thereto, do therefore hereby make this my codicil which I will and direct shall be taken, and held as part of my soul will and testament in the manner and for on following, that is today. Whereas I did constitute and appoint John Harding to be an executor of my said will. Now I do by this codicil, with and direct that John Harding shall be an executor of my said will and do hereby revoke my appointment of him as such and in his room and stead do hereby constitute and appoint Lovling Gardner of Carroll County to be my sole executor (in conjunction with the foresaid Henry Nelson) of my said will as fully and effectively as if he and no other person had been originally in and by my said will constituted and appointed executor thereof. In testimony, whereof I have hereto set my hand and affixed my seal this twenty third day of September in the year of 1844. Signed sealed published and declared by Elias Buckingham the above named testator as and for codicil to his last will and testament in the presence of us who at his request and in his presence and in the presence of each other have subscribed our names as witnesses thereunto. Joel Hall James Smith Mahlon Swamley Elias Buckingham (seal) State of Maryland, Frederick County to wit; On the 21st day of October 1844, came Joel Hall, James Smith and James Mahlon Swamley the subscribing witnesses to the foregoing codicil to the last will and testament of Elias Buckingham late of Frederick County deceased, the first named of whom solemnly, sincerely and truly affirmed and declared, and the two later made oath on the Holy Evangely of Almighty God, that they did see Elias Buckingham the testator therein named sign and seal this codicil, that they heard him publish, pronounce and declare the same to be a codicil to his last will and testament, that at the time of his so doing he was in the best of their apprehensions of sound mind, memory and understanding, and that they respectively subscribed their names as witnesses to said will in the presence and at the request of the testator and all in the presence of each other Test G. M. Eichelburger To the Hon bl, The Orphaned court of Frederick County, I hereby decline acting as one of the executors to the last will and testament of Elias Buckingham Oct 31 1844 Henry Nelson This file has been created by a form at http://www.genrecords.org/mdfiles/ File size: 9.1 Kb