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No 767
1862 December 29
The last Will and Testament
of
Philip Flater decd.
Filed December 29th, 1862 and recorded in Liber I.M.P. N 3 folio 176
etc. one of the Record Books of Wills in the Office of the Register of
Wills for Carroll County Maryland.
Test: Jos. M. Parke
Register
Carroll County Book 3 Folio 176 Probated 24 December 1862
In the name of God Amen, I Philip Flatter of Carroll County in the state
of Maryland being sick and 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 hands of Almighty
God, and my body to the earth to be decently buried at the discretion of
my executor herein after named, and after my debts and funeral charges
are paid, I devise and bequeath as follows -
I give and bequeath unto my daughter Mary or Polly Logue five dollars
and no more of my estate -
I give and devise unto my son Peter Flatter all that tract or parcel of
land which I heretofore sold to him containing twenty five and a half
acres of land, it being the land which he now resides on, free from all
incumbrances to have and to hold the same him and his heirs and assigns
in fee simple - And the ballance of my real estate, that is my land I
will to be equally divided between my four children viz. Peter, Rebecca,
Rachel and Susannah and for the purpose of dividing the same I do hereby
appoint Thomas L. Brown, Stephen Oursler, and John Armacost to divide
and value the same and to say which lot or parcel of land shall pay to
the other lot or lots of land, so as to make them of equal valuation -
and then after it is divided and valued it is my will that my son Peter
shall have first choice, Rebecca second choice, Rachel third choice and
Susannah to have the other lot of land, each of them, to have and to
hold their several lots or parcels of land them and their heirs and
assigns forever subject to the restriction herein after named - And as
for my personal estate I also will that it shall be valued by the same
parties that I have appointed to value the land and to be equally
divided between my four children viz. Peter, Rebecca, Rachel and
Susannah, Peter to have first choice and so on as in the land - It is
also my will that my son Peter have the management and control of the
lot or parcel of land herein intended for my daughter Susannah by his
paying her a reasonable rent during her single life, but when ever she
shall marry she is to have the free and full possession of the lot or
parcel of land intended for her - But in case my said daughter Susannah
is at this time Married or has disposed of herself in Mariage to Thomas
Taylor or shall hereafter marry him or dispose of herself in mariage to
him then I do hereby revoke, annul, and make absolutely void and of none
effect my said devise legacy and bequest to my said daughter Susannah
and it is my will that if she Marry Thomas Taylor her part to be sold by
my executor and the money arising from the sale thereof after pay
expenses, to be equally divided Between my son Peter, my daughter
Rebecca and my daughter Rachel, and I do hereby authorize my son Peter
to
convey the same by a good and sufficient deed of conveyance - And lastly
I do hereby constitute and appoint my son Peter Flatter to be sole
executor of this my last will and testament revoking an annuling all
former wills by me heretofore made, ratifying and confirming this and
non other to be my last will and testament -
In testamony whereof I have hereunto set my hand and affixed my seal
this first day of February one thousand eight hundred and sixty
Philip Flatter
signed sealed published and declared by Philip Flatter the within 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 -
Thomas S. Brown
Charles W. Brodin
Stephen Oursler
Maryland Carroll County To wit:
On the 29th of December 1862, before the Orphans' Court for Carroll
County came Stephen Oursler, the person who exhibited the aforegoing
instrument of writing, and in open Court, made oath on the Holy Evangely
of Almighty God, that the same is the true and whole last will and
testament of Philip Flater, late of Carroll County deceased: That he
received it from the Testator for safe Keeping; and that he does no know
of any other will, or codicil, left by said deceased.
Test: Jos. M. Parke, Register
Maryland Carroll County To wit:
On the 29th of December 1862, before the Orphans' Court for Carroll
County, came Tomas S. Brown, Charles W. Brown and Stephen Oursler, the
subscribing witnesses to the aforegoing last will and testament of
Philip Flater, late of Carroll County deceased; and in open Court, made
oath on the Holy Evangely of Almighty God, that they did see Philip
Flater, the Testator in said will named, sign and seal said will -
making his mark thereto. - That, at the time of so doing he, the said
Philip Flater, was, to the best of their apprehensions, knowledge and
belief, of sound and disposing mind, memory and understanding; and that
they subscribed their respective names, as witnesses to said will, at
the request of the said Testator, in his presence, and in the presence
of each other.
Test: Jos. M. Park, Register of Wills