Will of JOHN SHANK (1824) Frederick County, Maryland This file was contributed by Mark Ault <meault@yahoo.com.com> Copyright. All Rights Reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/md/mdfiles.htm ********************************************************* Will of John Shank Liber GME 1, folio 355 In the name of God Amen. I John 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 hence 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 hand of Almighty 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 to wit to my sons and daughters as John Shank, Adam Shank, Jacob Shank, Henry Shank, Peter Shank, Margareth the wife of Adam Shroyer and Elizabeth the wife of Philip Lepole I say both my real and personal estate share and share alike to the aforesaid sons & daughters. It is my will that after my death my Executors shall dispose of my personal estate at public sale as soon as possible and in six months after my death my Executors shall sell all my real estate likewise at public sale to the best advantage. It is my will and I wish to be understood that whereas my son Philip Shank, stands indebted to me in the sum of tow hundred and fifteen dollars the same shall him be charged without interest when a distribution of my estate shal! l take place. I wish further to be understood and it is my will that whereas my son John Shank is indebted to my son Henry Shank to the amount of two hundred and twelve dollars with interest on one hundred dollars from the 29th day of October 1817 the same shall be deducted out of the legacy of my son John Shank and by my Executors paid over to my son Henry Shank. I wish more to be understood and it is my will that whereas my son Peter Shank is indebted to my son Henry Shank in the amount of one hundred and fifteen dollars with interest for the same from the 7th day of August 1820 the same shall be deducted out of the legacy of my son Peter and paid over by my executors to my son Henry. And further I wish to be understood and it is my will that whereas my son in law Philip Lepole stands indebted to my son Jacob Shank to the amount of seventy six dollars with interest on the same from the 24th day of June 1823 the same shall be deducted out of the legacy of my daughter El! izabeth Lepole and paid over to my son Jacob by my executor. I furthe r order and direct that whereas my son in law Adam Shroyer stands indebted to me in the sum of fifty dollars the same shall be deducted out of the legacy of my daughter Margreth Shrayer when a distribution of my estate shall take place. Nevertheless subject to the following reservation revocation and intention whereas my son in law Adam Shroyer the husband of my daughter Margreth has a house credit on my land and other buildings that I have layed off for him and his heirs two acres of land when he gave his obligation for to me of fifty dollars the same heretofore charged to him the said Adam Shroyer shall have and hold the said lot during the life time of his present wife, Margreth and after her death he may hold the same as long he keeps single. After his death or his marriage I give and bequeath the same to my greant child John Shroyer as he is ??? the whish of Providence very lame. I further five to my greant child Jospeh Shroyer (both children of my daughter Margreth)! the sum of forty dollars out of the legacy of my daughter Margreth and the residue of her legacy shall be equally divided amongst the heirs of said my daughter Margreth in case one of them shall die the legacy shall be giving over to the rest of her heirs in case all the heirs of my daughter Margreth shall die before a distribution shall take place then the same shall fall to the rest of my heirs. I further order and direct that out of the legacy of my son Adam Shank Fifty dollars shall be taken and paid to the hands of my greant child Ezra Shank son of my son Adam Shank as he is lame from childhood in case my son Adam shall die before a division shall take place then the rest of his legacy shall be giving and equally divided to his children named Solomon, Conrad, Abraham and Ezra. Further I do order and direct that in case my son Henry should die without heirs then his legacy shall be giving to any person or persons by his order of my son Henry. Whereas I have heretofo! re made and constituted a will and testament have the same sealed and therein enclosed several notes of hand one of two hundred and fifteen dolaas on Philip Shank one on Adam Shroyer for Fifty dollars the said will and notes are mislaid or lost now it is my order that all notes given before this date if the shall be found the same shall be paid by my Executors as the amount is all ready mentioned in the presents. Further I do hereby authorise my Executors after a sale is made of all my real estate to make and constitute a good and lawfull deed of conveyance in fee simple to the buyer thereof. And lastly I do hereby constitute and appoint John Doub and my son Jacob Shank to be sole Executors of this my last will and testament revoking and annulling all former wills by me heretofore made ratifying and confirming this and non other to be my last will and testament. In Testimony whereof I have hereunto set my hand and affixed my seal this 23rd day of November in the year of our Lord one thousand eight hundred and twenty four. Johannes ????? (written in a way that it is very hard to tell what is written) Signed, sealed, published and declared by John Shank the above named Testator as and for his last will and testament in the prescence of us who at his request in his presence and in the precsence of each other have subscribed our names as witness thereto. Jacob Neff Daniel Shoemaker Andrew Smith Maryland, Frederick County, to wit: On the 16th day of February 1829 came Jacob Shank, and made oath on the Holy Evangely of Almighty God that this forgoing instrument of writing is the true whole will and testament of John Shank late of Frederick County, deceased., that come to his hands and possession and that he doth not know of any other. Test GM Eichelberger Regst Maryland, Frederick County, to wit: On the 16th day of February 1829 came Jacob Neff and Daniel Shoemaker, two of the subscribing witnesses to the foregoing last will and testament of John Shank, late of Frederick County, deceased the former of whom solemnly, sincerely and truly affirmed and declared, and the latter of whom made oath on the holy evangely of Almighty God, that they did see the testator therein named, sign and seal said 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 and disposing mind, memory and understanding, that they respectively subscribed their names as witnesses to said will in the prescence and at the request of the testator and that they did also see Andrew Smith the other subscribing witness sign his name as a witness to said will in the presences and at the request of the testator and all in the prescence of eac! h other. Test GM Eichelberger, Regst [then 3 lines in what I think might be German, I can't make it out. Then 2 names one is maybe ???? Doctors???, the other is definitely Peter Shank]