Will of Jacob MILLER (1810) Frederick County, Maryland This file was contributed by Susan Buyer <susanb@nlm.nih.gov> ************************************************************************ * 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. ************************************************************************ Frederick Co MD Vol 6 page 143 Jacob Miller, Frederick Town probated: not listed - see note below In the Name of God Amen I, Jacob Miller of Frederick town in Frederick County and State of Maryland being sick and weak in body but of sound & disposing mind memory and understanding. Thanks be to Almighty God for the same being, deserious to settle all my Temporal concerns and thereby be the better prepared to leave this transitory world when ever it shall please God to call me home, do therefore make and publish this instrument of writing as and for my last will and Testament in manner and form follwing to wit. First, I order and direct that all my just debts and funeral expenses be fully paid and satisfied by my executors hereinafter named as soon as possable after my decease. Secondly, I give and bequeath unto my dearly beloved wife Catharine during her natural life one third part of all my real & personal estate and also the uninterupted right & priviledge of living in the small brickhouse situate on the west side of Market Street & which is now occupied by Doctr. William Potts, for and during the term of her natural life with as much ground back of it as may be necessary for her convenience. Thirdly, I give and devise unto my son George Miller his heirs and assigns forever all my house and lott situate lying and being in Patrick Street, Frederick Town adjoining Major Peter Mantz of which property my said son is now in possession (subject however to my wife's right of dower as aforesaid) - together with all the buildings outhouse * other improvements thereunto belonging or appurtaining... Fourthly, I give and devise unto my son John Miller his heirs and assigns forever the house and lot in which I now live as also the small brick house and premises now occupied by Doctor William Potts together with all the buildings outhouses and other improvements to the above mentioned two houses & Lotts of ground belonging or appurtaining subject however to my wife's right of dower and the priviledge of living in the Brick House during her natural life as aforesaid. And in consideration of the above devise it is my will and desire and I do hereby order & direct that my said son John Miller do and shall well and truly pay or cause to be paid unto each of my three grandchildren namely Catharine Bier, Rebecca Bier, and Henry Bier the sum of one hundred pounds current money and that the property which I have devised to him shall be liable to and chargeable with the payment of the same Catharine and Rebecca to receive their portions when they respectively arrive at the age of sixteen years and Henry to receive his portion when he shall arrive to the age of twenty one years. I also give and devise untoy said son John Miller & his heirs and assigns my house clock after the decease of my wife Catharine. Fifthly, It is my will and desire that my Executors shall sell to the bet advantage at publick sale or as soon as they shal deem it proper after my decease all my ral and personal Estate not herein before devised (except the choice of two beds, two tables, six chairs & one ten plate, stove and pipe and the choice of as much of my household & kitchen furniture as my wife Catharine may want for her own private use during her natural life which I give & bequeath to her accordingly, and the monies arising from such sales, together with all monies due me on Bond, note, or book account I give and bequeath to be equally divided between all my children namely George Miller, John Miller, Elizabeth Mantz and Catharine Baker their heirs and assigns share & share alike. Sixthly and lastly, I constitute & appoint my beloved wife Catharine and my beloved son John Miller Executor of this my last will and testament hereby revoking and making void all former wills and bequests by me at any time heretofore made or executed ratifying & confirming this and none other to be my last will and testament. In witness whereof I have hereunto set my hand and affixed my seal this twenty third day of October in the eyar of our Lord Eighteen hundred and ten. Signed sealed published pronounced and declared by the said Jacob as and for his last will and testament in the presence of us who at his request and in his presence and all in the presence of each other have subscribed our names as witnesses thereto. Jacob Miller (seal) witnesses: Henry Steiner Jacob Shriver Lawr. Brengle Whereas I Jacob Miller of Frederick County & state of Maryland have made and duly executed my last will and testament in writing bearing date the twenty third day October Eighteen hundred and ten, which said last will and testament and every clause bequest and evise therein contained, I do hereby ratify and confirm (saving and excepting such clauses bequests & devises therein mentioned as are by me herein after revoked and made void) and being desirious of making some alterations therein do therefore hereby make this my codicil which I will & direct shall be taken and held as a part of my said last will and Testament in form following (that is to say). Whereas in my said last will and testmanet I gave and eevised to my son George Miller and to his heirs and assigns forever the house and lott wherein he now resides situate lying and being in Patrick Street, Frederick Town with all the appurtenances thereunto beloning subject to the right of dower of my wife Catharine during her natural life and being of opinion that under all circumstances the devise made to my son George Miller is more than his share of my estate ought to be - therefore my will and devise is and do herey order and direct that my said son George Miller do and shall well truly pay or cause to be paid to my daughter Elizabeth Mantz widow of David Mantz, decd., the full and just sum one hundred and fifty pounds current money within two years after my decease which said sum I give & bequeath to my said Daughter Elizabeth Mantz and to her heirs and assigns forever over ad above such part of my estate as she will be entitled to by virtue of my aforesaid Last will and testament and I further order and direct that the property devised to my said George shall be answerable for the payment of the aforesaid legacy ot my Daughter elizabeth Mantz and not to be released from such liability until the said legacy is fully paid and satisfied. In witness whereof I have hereuto set my hand and affixed my seal this sixth day of November eighteen hundred & ten. page 146 and 147 missing from the old will book.