Frederick County MD Archives Wills.....Joseph STAUFFER, August 17, 1858 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/md/mdfiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Mark Ault meault@yahoo.com February 20, 2009, 3:09 pm Source: Frederick County Register Of Wills, Liber Gh-1, 336 Written: August 17, 1858 Recorded: October 17, 1845 Will of Joseph Stauffer Frederick County Register of Wills Liber GH-1, Folio 336 Joseph Stauffer decd. Will and Codicil, John Stauffer, Extr. In the name of God, Amen. I, Joseph Stauffer, of Frederick County in the state of Maryland, do make and publish this my last will and testament in manner and form following, that is to say, after my debts and funeral charges are paid. I give and bequeath to my beloved wife Catharine, all the household furniture I now possess or of which I may be in possession immediately before my decease (Except certain articles hereinafter mentioned) together with the privileges granted by my son Simon W. by a certain instrument of writing dated on or about the twenty fourth day of April last. Also my carriage, harness and Horse Billy, the said Simon, to have the privilege of using said horse for his feed or keeping when his mother may not want him, also a note of hand against my son John for the sum of one hundred and fifty dollars, also the annual interest on the notes of hand of fifteen hundred dollars each, the one against my son Henry, and the other against my son Simon, should any part of the said three thousand dollars be paid during the lifetime of the said Catharine, I hereby direct my Executor to put it out on interest in safe hands for her benefit. The articles referred to above are my tools, my interest in some blacksmiths tools, saddle ?? to which I direct my Executor to put a valuation, and my sons may divide them among themselves. My intention is to make an equal distribution of all my estate, among all my children, to wit, my four sons John, Joseph, Henry, & Simon Wesley, and my three Daughters Susan Kemp, Catherine Cromwell, and Elizabeth Thomas, with this restriction to wit, that the portion devised to my daughter Susan Kemp shall remain in the hands of my Executor in trust as follows viz First that he pay to my son Joseph such sum as the said Joseph shall lose (if any) in consequence of having loaned to Daniel M. Kemp the husband of the said Susan two hundred and fifty dollars, part of the estate of my late brother Samuel. Further in trust that he pay to my son John such sum as he the said John, shall have had to pay, as one of the endorsers of the said Daniel in the Farmers & Mechanics Bank of Frederick County without any interest on the principal sum so paid. And further in trust that he pay to the said Susan Kemp from time to time as her necessities may require and for her separate use such sum as he shall deem right and proper. Having entire confidence in the prudence and integrity of my Executor, I intend by this clause, to invest him with discretion as to the expenditure of said trust fund intending that any receipt signed by my said daughter Susan though ???? shall be good and that under no circumstance whatever shall the said Daniel M. Kemp or any of his creditors or assigns be entitled to any portion of my estate and that in the event of the death of my said daughter before the whole of the trust fund shall have been expended the balance remaining be equally divided among her children and so held that in case either of them dies a minor without leaving issue the share of such one so dying go to the surviving ones. In the equal distribution of my estate as before mentioned. I intend to include the several amounts with which each may have been charged previous to my decease and in paying off the several shares I wish my Executor as he collects money due my estate to begin to pay shares to whom least is charged and when he has by such payments made them nearly equal to pay off the oldest first and so on according to their respective ages, until all shall have been paid always however observing the restriction with regard to my daughter Susan's share. And Lastly I do hereby constitute and appoint my son John Stauffer to be sole Executor of this my last will and testament revoking and annulling all former wills by me heretofore made ratifying and confirming this and none other to be my last will and testament. In testimony whereof, I have hereto set my hand and affixed my seal this seventeenth day of October in the year of our Lord eighteen hundred and forty five. Joseph Stauffer (seal) Signed sealed published and declared by Joseph Stauffer 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. Isaac Walker, William Reinhart, John Nicodemus Where I Joseph Stauffer of Frederick County have made and duly executed my last will and testament in writing bearing date the seventeenth day of October in the year of our Lord Eighteen hundred and forty five, which said last will and testament and every clause bequest and devise therein contained I do hereby ratify and confirm (Excepting what may hereinafter be made void) and being decsious to make some little additions or variations thereto I do therefore make this my Codicil which I will and direct shall be taken and held as a part of my said will and testament in manner and form following that is to say. Whereas on or about the Seventeenth day of January last my son Henry did execute and acknowledge a deed of mortgage for the purpose of securing to me my heirs ??? the payment of certain monies therein mentioned. Now it is my will that whenever the said money shall be fully paid according to the purpose and intention of said instrument of writing the said Henry's property should be fully released from the effects of said mortgage. And I do hereby invest my Executor with full power to make execute and acknowledge such release in a full and perfect a manner as I could myself do were I living at the time of such payment as aforesaid. And whereas I directed in my will that the interest on two notes of fifteen hundred dollars each should be paid annually to my wife Catharine for her support during her life, one of said notes has been already paid. Now it is my will that my Executor keep the sum of three thousand dollars at interest wherever he may think safe and pay the interest semiannually to her and should it so happen that the said interest should not be sufficient, I hereby authorize him to take a part of the principal for here comfort and support. My Horse & carriage and Harness, saddle and bridle or any other articles that my wife shall not want, may by him be sold at either public or private sale. In Testimony whereof I have hereto set my hand and seal this thirteenth day of March in the year of our Lord Eighteen hundred and fifty one. Joseph Stauffer (seal) Signed, sealed, published, and declared by Joseph Stauffer the above named testator as and for a codicil to 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 witness thereto. Isaac Walker William Reinhart State of Maryland, Frederick County, to wit. On the 10th day of August 1858 came John Stauffer and solemnly sincerely and truly declared and affirmed that the foregoing instrument of writing is the true whole will, testament and codicil thereto of Joseph Stauffer late of Frederick County deceased, that has come to his hands and possession that he received the same from the testator for safe keeping and that he does not know of any other of a later date. Test. A.G. Kessler, Reg. State of Maryland, Frederick County to wit. On the 17th day of August 1858 came William Reinhart and John Nicodemus & on the 24th day of August came Isaac Walker the subscribing witness to the foregoing last will and testament of Joseph Stauffer late of Frederick County deceased the former of whom made oath on the holy evangely of almighty God and the latter solemnly sincerely and truly declared and affirmed that they did see Joseph Stauffer 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 apprehensions of sound and disposing mind memory and understanding and that they respectively subscribed their names as witnesses thereto in the presence and at the request of the testator in his presence and all in the presence of each other. Test. A.G. Kessler, Reg. State of Maryland, Frederick County to wit. On the 17th day of August 1858 came William Reinhart and on the 24th day of August 1858 came Isaac Walker the subscribing witness to the foregoing codicil to the last will and testament of Joseph Stuffer late of Frederick County decease and mad oath on the holy evangely of almighty God that they did see Joseph Stauffer the testator therein named sign and 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 sound and disposing mind memory and understanding and that they respectively subscribed their names as witnesses thereto in the presence and at the request of the testator in his presence and in the presence of each other. Test. A.G. Kessler Reg. This file has been created by a form at http://www.genrecords.org/mdfiles/ File size: 9.8 Kb