Wills: Will of Philip Daniel Nail, November 5, 1804: Frederick County, MD
Contributed for use in USGenWeb Archives by Roger Nale (rnale@erols.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
***********************************************************************
Liber GMRB 1, Folio 73; Microfilm CR 49, 161, Maryland State Archives.
The text of Philip Daniel Nail's will, as transcribed from the original by Roger Nale,
follows:
(Capitalization, spelling and punctuation copied exactly as shown in original text.)
"In The Name of God Amen. I Philip Daniel Nail of Frederick County and State of Mary.
being weak in Body but of Sound mind & memory Do make and ordain this my last will &
Testament as follows to wit. My Soul I commend to Almighty god & My Body I commit
to the Earth to be Buried in a decent Christian like manner at the Discretion of my
Executor -- And whereas I have fully Satisfied my four Sons, Jacob, Daniel, Frederick &
Christophel in Land & have taken Bonds for what their Land is worth more than their
shares I therefore hereby Declare that it is my will that neither of them Shall have any
further share of my Estate either Real or Personal. And that they are to pay their Several
Bonds unto my Executors.
First I give and bequeath to my beloved Wife Margaret the Bed Bedstead & Bedding
which we have used as our own, her Chest & Cloathing a Cow such as she shall choose
from among my Flock, To my son Henry a Four year old mare -- which has been
considered as his with the Saddle & Bridle thereto belonging & one Sett of Gears
compleat for her to be by him selected from among what Gears are left at my Decease the
Bedstead and bedding which he makes use of -- To my Daughter Cathrine her Bed
Bedstead & bedding Chest & two Cows which have all been set apart and considered as
hers -- To my Daughter Mary her Bed Bedstead & bedding Chest & two Cows set apart
as hers as aforsaid and Ten Pounds in Money to be paid out of the first Money that shall
come into the hands of my Executors after payment of Debts & my other two Daughters
Lovice & Eve have been satisfied equal to the above given to Cathrine & Mary & one to
have Nothing except their Distributive Share hereafter mentioned All the Flax & Wool
together with the thread and Yarn left at my Decease is to be equally Divided between My
Wife my son Henry & my Daughter Catherine & Mary Share & Share alike, & further it is
my will that my Debts shall be paid out of the Book Debts due me & after payment thereof
all that remains shall also be equally Divided between my Wife my son Henry and my two
Daughters Cathrine & Mary Share & Share alike -- And whereas there are about Fifty
Dollars left in my hands of Money received for the Support of Catherines two Children
Casper & Hannah /unexpended for their Support/ It is therefore my Desire that my
Executors put out that much on Interest and pay the Same with the Interest received
thereon to the said two Children when of Age That is to Casper Twenty five Dols. & the
Interest when he shall be Twenty one -- And Twenty five Dols. and the Interest to Hannah
when she shall be Sixteen and if one Should Die before of Age then the whole Fifty Dolls.
& Int. to go to the Survivor and if both Should die then the Fifty Dols. & Int. to be
Equally Divided between all my living Children & Wife share and Share alike
And it is my will that my son Henry is to Have the plantation on which I now live with
the Saw Mill thereon together with the Stove in the House all plank be on the place at the
time of my Decease he paying Yearly to my Executors Twenty five pounds for fourteen
Years to commence one year after my Decease & to Support his Mother to her
Satisfaction during her Natural life in such a manner as they can Agree together or if they
cannot Agree to pay her yearly Twenty Dollars during life -- And all the residue of my
Estate is to be sold by my Executors & the Money to be Divided as follows one third to be
my Wife & the remainder to be Equally Divided between my Four Daughters Cathrine,
Lovice Mary & Eve Share & Share alike And the twenty five Pounds to be paid by Henry
Together with the bonds due by my Other sons & all monies becomming due Yearly is to
be collected by my Executors & paid yearly One third to my Wife & the residue Equally
Divided between my four Daughters Cathrine Lovice Mary & Eve as aforesaid and if my
Wife or either of my unmarried Children Should die before they receive their Share, Such
part of their Share as is unpaid to be Equally Divided Between my wife and my living
Children -- And out of the Money to be paid to Catherine my Executors Shall retain Fifty
Dollars which Shall be put out on Interest & paid to her two Children Casper & Hannah
when of age in the Same manner as the fifty Dolls. aforsaid -- And out of the Money to be
paid to my Daughters Lovice & Eve my Executors are to retain one half & put it out on
Interest & pay it with the Interest to each of their oldest Children when of Age & if they
Should Die /that is their oldest Child/ then to pay it the Mother as first above provided --
And I appoint Peter Erb & Jacob Banker Executors of this my Will -- In Testimony
whereof & of this & no other being my last will & Testament I have hereto set my hand &
Affixed my Seal this Sixteenth day of December Eighteen Hundred and three --
Signed Sealed Published & pronouncedhis
as his last will & Testament in Philip Dan. Nail
presence of -- mark
Frederick Slyder, Philip Slyder Seal
Andw. Shriver
Frederick County November the 5th 1804 Then came Philip Slyder one of the Subscribing
Witnesses to the aforgoing & Annexed last will and Testament of Philip Daniel Nail late of
Frederick County Deceased and made Oath on the Holy Evangels of Almighty God that
he did see the Testator therin named Sign & Seal this will that he 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 his apprehension of a Sound and Disposing mind memory and
understanding that he Subscribed his name as a Witness to this will in the Presence and at
the request of the Testator And that he did also see Frederick Slyder and Andrew
Shriver the Other Subscribing Witnesses Sign 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
George Murdock Reg..
Where as the last years Crop of Winter Grain was Sowed down by my son Henry and my
son in law John Stone and each of them is therefore entitled to one third of the winter
Grain growing in the fields next to Hoffackers and to Slyders and the Buckwheat field
containing together about Thirteen Acres in the said three fields And Henry is entitled to
one half of the Winter Grain growing in the Small field of about four Acres towards Sholls
there being therefore only one third of Three fields and one half of the fourth remain, It is
therefore my will That any part thereof Together with all the Grain Flour and Meat on
hand when I die Shall belong to my Wife, my son Henry and my Daughters -- Catharine
and Mary for their Joint Support so long as they Shall live together as one Family, And
John Stone is to have one Third of the winter Grain in the above three fields And my son
Henry the Other third and he also to have one half of the four Acre field as aforsaid, The
Executor or appraisers are not to have anything to say to the Grain Flour or Meat any
thing in the above will contained contrary thereto not with standing. In Testimony whereof
I have hereunto set my hand and Affixed my seal this tenth Day of January Eighteen
Hundred And four____.
Signed Sealed published andhis
pronounced as a Codicil to his last Philip Danl Nail
Will hereto Annexed in presence ofmark
Magdalena Banker, George ErhartSeal
John Sholl, Andw. Shriver
Frederick County November 5th 1804. Then came George Erhart and John Sholl two of
the Subscribing witnesses to the aforgoing and Annexed Codicil to the last will &
Testament of Philip Daniel Nail late of Frederick County Deceased and made Oath on the
holy Evangels of Almighty God that they did see the Testator therein named Sign & 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 to the best of their
apprehensions of a sound & disposing mind memory and understanding that they
respectively Subscribed their names as Witnesses to said Codicil in the presence and at the
request of the Testator -- And that they did also see Magdelena Banker & Andrew Shriver
the other Subscribing Witnesses sign their names as Witnesses to said Codicil in the
presence and at the request of the Testator and all in the presence of each other.
George Murdock Reg.
I Peter Erb one of the appointed Executors in the last will and Testament of Philip Daniel
Nail late of Frederick County Deceased do hereby refuse to Act as Executor to said Will
by Virtue of said Appointment And do therefore renounce all my rights title and Claim to
said Executorship."