Wills: Will of Jacob Nail, January 25, 1833: Frederick County, MD

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Liber GME 1, Folio 479Microfilm CR 49, 164;  Maryland State Archives

Will of Jacob Nail, son of Philip Daniel Nail, January 25, 1833.

"In the name of God, Amen;  I Jacob Nail of Frederick County, in the State of Maryland, 
being weak in body, But of sound and disposing mind, memory, and understanding, thanks 
be given to Almighty God, and knowing it is appointed for all men to die, and being 
desirous to settle my wordly affairs, and thereby to the better prepared to leave this world, 
when it shall please God to call me hence, do therefore make & publish this my last will 
and Testament, in the manner and form following --
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 discretion of my executor herin after named, and 
after my debts and funeral charges are first paid and satisfied, I give devise and bequeath 
as follows;
I give and devise unto my beloved wife, Elizabeth, the one third of my estate; Real & 
personal; after the payment of my debts, And I also give and bequeath, in addition to the 
said thirds, the following property to wit, One cow, the choices of my stocks, her chest 
with the contents therein, one  Bed, Bestead, and furniture compleate, And as much of my 
kitchens furniture as she may want, not exceeding the sum of ten dollars worth. --
Item.  I give and devise unto my daughter Lovis, her cow and heifer, Bureau, Bed, 
Bedstead and Beding complete, her spinning wheel, her _binsor chairs, and forty dollars in 
cash, to be paid unto her, out of the first money that may come into my Executors hands, 
said sum of forty dollars, and personal property to make her equal with the rest of her 
sisters, in addition with an equal share of the balance of my Estate;
Item.  My will and desire in that the whole and remainder of my Real and personal Estate, 
to be sold, by my Executor, immediately after my decease and the money arising 
therefrom, after my debts, funeral charges, and Legacy are fully paid, to be equally divided 
amongst my seven living children, and the heirs of my daughter Elizabeth Wolf, now 
deceased, that is to be divided into Eight equal shares, One equal part to be given to the 
heirs of my deceased daughter Elizabeth, intermarried with Jacob Wolf, and one equal 
share to be given to my daughter Rachel now the wife of Henry Brown ____ to her heirs 
and assigns, and one equal share to be given to my daughter Magdalene, now the wife of 
William Burgoon, or to her heirs and assigns, and one equal share to be given to my 
daughter Polly now the wife of ____ Harman, or to heirs and assigns, One equal share to 
be given to my son Peter, or to his heirs and assigns, one equal share to be given to my 
daughter Nancy, now the wife of John Stoneseifert, or to her heirs and assigns, Each one 
to have share and share alike, Except Lovis to have as aforsaid, in addition to her share.
Item.  It is my will and desire, as soon as convienient, after my death, the Executor of my 
Estate, have all my personal Estate appraised, and an Inventory of the same made out, and 
returned to the Orphans Court of Frederick County, and to sell the same at public Sale to 
the best advantage. --
Item.  I do hereby direct as aforesaid, that my plantation and other lands, that I at present 
possess, is to be sold as aforesaid, The same privately, if it cannot be sold in that way, then 
the same to be sold at public sale, as soon as possible, and the money arising from said 
sales, to be disposed of as aforesaid. --
Item.  I order and direct, that any accounts, standing open on any of my books, against 
any of my children, for any advancements made by me to them, or otherwise, shall account 
for such accounts with my Executor, and settle the same, and shall pay interest if it should 
be required by my executor on said ammount. --
Item. And I do hereby fully authorize and impower my said Executor, to make and 
execute a good and sufficient deed, or Instrument of writing to the purchaser or 
purchasers, of the whole or any part of said Land, as fully as though I were living to 
convey the same myself, at any time previous to my death.  And lastly I do hereby 
constitute and appoint my truily friend J. Henry Hoppe, to be sole Executor of this my last 
will and testament, revoking and annulling all former wills by me made heretofore, 
ratifying & confirming this and none other to be my last will and Testament. --
In testimony whereof I have hereunto set my hand and affixed my seal, this twenty fifth 
day of January, in the year of our Lord, Eighteen hundred and thirty three.--
Signed, sealed, published and declared, byJacob Nail  
(Seal)
Jacob Nail, the above named testator, as and
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.
Adam Yingling
John Yingling
Michael Lynch

Maryland Frederick County to wit
On the 4th day of June 1833, came J. Henry Hoppe and made Oath on the 
Holy Evangel of Almighty God, that the foregoing instrument of writing, is the true whole 
will and testament of Jacob Naile, late of Frederick County, deceased, that hath come to 
his hands and professes, that he recd the same from the testator for safe keeping, and that 
he does not know of any other.
Test.  G. M. Eichelberger Reg.

Maryland Frederick County to wit.
On the 3rd day of June 1833, came John Yingling and Michael Lynch, two 
of the subscribing witnesses to the foregoing last will and testament of Jacob Naile, decd., 
and made oath on the Holy Evangels of Almighty God, that they did see the Testator, 
therein named, Sign and seal this will, that they heard him publis, 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 and disposing mind, memory and understanding, 
that they respectively subscribed their names, as witnesses thereto, at the request of the 
testator, and in his presence, and that they did also see Adam Yingling, the other 
subscribing witness, subscribe his name, as a witness thereto, at the request of the testator, 
and in his presence, and all in the presence of each other. --
Test.  G. M. Eichelberger Reg.