Will of Philip Daniel NAIL (1803), Carroll County, MD
Contributed for use in USGenWeb Archives by Roger Nale <rnale1@comcast.net>
http://www.usgwarchives.net/copyright.htm
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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 & pronounced his
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 and his
pronounced as a Codicil to his last Philip Danl Nail
Will hereto Annexed in presence of mark
Magdalena Banker, George Erhart Seal
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."