Will of JACOB SHANK (1858) Frederick County, Maryland

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Will of Jacob Shank
Frederick County, Maryland
Liber TLMc 1, Folio 371


In the name of God Amen.  I Jacob Shank of Frederick County in the State of 
Maryland, being weak in body, but of sound and disposing mind, memory and 
understanding, considering the certainty of death, and the uncertainty of the 
time thereof, and being desirous to settle my worldly affairs, and thereby be 
the better prepared to leave this world, when it shall please God to call me 
hencee, do therefore make, and publish this my last will and testament, in 
manner and form following that is to say;
First and principally , I commit my soul into the hands of almight God and my 
body to the earth to be decently buried, at the discretion of my executors 
hereinafter named, and after my debts and funeral charges are paid I desire and 
bequeath as follows,
In as much as I have advanced during my lifetime, certain sums of money to my 
children and my son William has not received as much as the rest, I give unto my 
son William, the sum of Eleven hundred and eight dollars, first and foremost; 
and after the said sum is deducted from my estate, and reserved for the use of 
my son William, or his children according to the directions hereinafter given to 
my executors, then the balance of my estate whatsoever it may be real personal 
or mixed, I wish and desire to be equally divided among my nine children.  It is 
to be distributed in equal shares to my son John, my son Lewis, my son Peter, my 
son George, my son Jacob, my son William, my daughter Sarah married to a certain 
Lewis Birely, my daughter Catharine married to a certain Jonathan Linebaugh and 
my daughter Ann married to a certain John J. Harman, and to their heirs each of 
my nine children named above is to have share and share alike after the 
reservation of the eleven hundred and !
 eight dollars aforesaid.
The reason that or why I give, will or bequeath nothing to the heir of my 
deceased daughter Maria, is this.  I have given her during my lifetime 
heretofore her full portion and quota of my estate.  Since I sold my real estate 
to my two sons Jacob and John, I hereby authorize and empower my executors to 
convey good rights and titles to my sons John and Jacob by good and sufficient 
deeds of conveyances, such as I could execute, were I alive.  Those deed of 
conveyances shall however not be made or executed by my executors until all the 
purchase money is paid over to my executor by my said sons John and Jacob, and 
in those title papers or deed of conveyances to be made by my executors to my 
son John and Jacob, my son John is to have a water right to the spring on the 
land, near the house of my son Jacob, the reservation is to be made in the deed 
to Jacob, and the privilege to be granted in the deed to John, to get water at 
said spring as much as my said son John shall need, for !
 family use, however my son John and his family shall not disturb or injure 
anything belonging to my son Jacob, when they fetch water at the spring on the 
land of my son Jacob.
And I direct and order that the whole of the part of that part or portion of my 
estate willed and bequeathed to my son William, namely his the said William's 
whole share of my estate, shall remain in the hands and care of my hereinafter 
named executors, and my executors shall annually with the interest coming from 
the share of my son William procure and furnish the family of my son William 
with such things and articles which they my said executors shall deem most 
needful for the subsistence and comfort of my son William and his family and 
should my son William die, then the interest of the money of my son William 
shall still be applied by my executors in the same manner above stated for the 
use of my son William's children and his widow, but if his widow, my son's wife 
marry again, then she shall no more enjoy any of the benefits of said interest 
accruing from the money of my son William whatsoever, but in such case, the said 
interest, shall be entirely applied to the use of!
  the children of my son William and after the death of my son William his 
money, placed into the hands of my executors as trustees shall be equally 
divided or distributed amongst the children of my son William, each to have 
share and share alike, notwithstanding should my son William at any time reform 
or forsake his ill habits and life of dissipation and become a sober industrious 
and economical man and lead a moral life then after my said executors shall be 
convinced and satisfied that thorough reformation has taken place, and his 
sobriety and morality is firm and worthy of full confidence they shall pay over 
to my son William his full share of my estate but otherwise not.  And Lastly I 
do hereby appoint and constitute my two sons Peter and George to by my sole 
executors of this my last will and testament revoking and annulling all former 
wills by me heretofore made, satisfying and confirming this and none other t be 
my last will and testament.
In testimony whereof, I have hereunto set my hand and affixed my seal, 12th day 
of April in the year eighteen hundred and fifty eight.

Jacob Shank {seal}

Signed sealed published and declared by Jacob Shank the above named testator as 
and for his last will and testament n the presence of us who at his request in 
his presence and in the prexence of each other have subscribed our names as 
witnesses thereto
Wm Metzger
Daniel Linebaugh
Ezra Moser

State of Maryland, Frederick County, to wit:
On this 30th day of April 1867 came George Shank and made oath on the Holy 
evangley of almighty God, that this aforegoing instrument of writing is the true 
whole will and testament of Jacob Shank late of Frederick County deceased, that 
has come to his hands and possession that he found the same among the private 
papers of the testator and that he does not know of any other of a later date.
Test. T. L. McLain, Regst.

State of Maryland, Frederick County, to wit:
On the 30th day of April 1867 came William Metzger and Daniel Linebaugh and Ezra 
Moser the subscribing witnesses to the aforegoing last will and testament of 
Jacob Shank late of Frederick County, deceased, and they first made oath on the 
holy evangely of Almighty God and the latter solemnly sincerely and truly 
declared and affirmed that they did see Jacob Shank the Testator therein named 
sign and seal 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 apprehension, of sound and disposing mind memory and 
understanding and that they respectively subscribed their names as witnesses to 
said will in the presence of and at the request of the testator and that they 
did also see each the other subscribing witness sign his name as witness to said 
will at the request of the testator in his presence and all in the presence of 
each other.
Test. T.L. McLain Regst.