Will of George Everhart, 1835

Date: 1835
Location: Bachman Valley, Maryland
Surname/tag: Everhart Weaver Houck

WILL OF GEORGE EVERHART, senior. In the name of God, Amen! I, George Everhart of Baltimore Co., in the State of Maryland; being weak in body, of sound and disposing mind, memory and understanding, considering the certainty of death, and the uncertainty 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:

First and principally, I commit my soul into the hands of Almighty God, who gave it, and my body to the earth, to be decently buried at the discretion of my executor hereinafter named.

I will and bequeath all my wearing apparel and family bible, unto my son George Everhart.

I will and bequeath one secretary, one looking glass, one desk, and one book case, one chest of drawers, three bedsteads, beds and bedding belong thereto, three small stands and six chairs, to my three daughters, viz; Polly wife of George Weaver, Rachel wife of Conrad Kerlinger, and Elizabeth wife of Samuel Myers, to be equally divided amongst them. But in the event that my three daughters cannot agree upon a division of said property, then and in such case, I direct and empower my executor to sell said property at public sale, and to divide the money arising from such sale amongst my three daughters, equally, share alike.

I will & bequeath all my books (the bible as above devised excepted) to my son George, and my three daughters, Polly, Rachel & Elizabeth, to be divided amongst them as they may agree.

I order direct empower & authorize my executor, as soon as conveniently may be after my death, to sell all my personal property not herein before devised by me, and the money arising from such sale, left in the hands of my executor, after the payment of my debts and the charges of my funeral, to be divided in four equal shares, which I will and bequeath as follows to wit: One equal share to my son George, one equal share to my daughter Polly wife of George Weaver, one equal share to my grandson George Everhart of Geo, Jun. in trust to apply the same to the separate use and benefit of my daughter Rachel wife of Conrad Kerlinger, and any receipts or writings from my said daughter to my said grandson, witnessing the payment or application of said money for her separate use and benefit, signed by her though a feme-covert, to be sufficient discharges to my said grandson for the same.

One equal share to my grandson George Myers, in Trust, to apply the same to the separate use and benefit of my daughter Elizabeth, wife of Sanuel Myers, and receipts or writings from my said daughter to my said grandson, witnessing the payment or application of said money for her separate use and benefit, signed by her, though a Feme-covert, to be sufficient discharges to my grandson for the Same

I will and bequeath all my tract of land lying and being in Baltimore Co., called "Coxes' Ketch" (it being the same land conveyed to me by Samuel Myers, by his deed bearing date the 13th day of October in the year of our Loril eighteen hundred and twenty six, and recorded amongst the land Records of Baltimore Co., in Liber W. G. No.182 folios 661) unto my grandson George Myers and his heirs forever, upon the following Trusts, and to and for the following purposes, to wit:

first, in trust, to allow and permit my daughter Elizabeth to have, hold, use, occupy, possess and enjoy the said Land, for and during her lifetime (and in case her said husband shall survive her) and then to apply the profits and proceeds of the same, to the separate use, benefit and maintenance of my said daughter for and during her said life.

Secondly, in trust, to convey the said tract of land as soon as conveniently can be (after the death of my said daughter in case her said husband shall survive her) to all the children of my said daughter, their heirs and assigns as tenants in common, equally to be divided amongst them, and in case that any of the children of my said daughter should die leaving issue, then and in such case, the issue of the child or children so dying, to stand in the place and have the same proportion of the said land, that the parent of such issue, if living, would be entitled to, and my grandson as Trustee to convey accordingly.

And lastly, in trust, in case my daughter Elizabeth shall survive her husband Samuel Myers, then as soon as conveniently can be after the death of said Samuel Myers to convey the said tract of land to my daughter Elizabeth, her heirs and assigns forever.

I give and devise my plantation or tract of land, whereon I now dwell, situate part in Baltimore Co., and part in Frederick Co., Md, adjoining the lands of Jacob Bixler, the heirs of John Weaver, deceased, Christian Geiman, George Weaver, of Henry, Mr. Whine and others: Also all that part or parcel of land, being part of a tract called "Hall's Addition," being situate as the above plantation, adjoining the lands of George Mathias, John Borns, Jacob Bixler, George Gummel, the aforesaid plantation and the above part of the said tract, containing about three hundred acres of land, be the same more or less, unto my son George Everhart, his heirs and assigns forever.

In consideration of which my son George Everlart shall pay to my grandson Geo. Everhart of Geo. Jr., in trust, for the use and benefit of my daughter Rachael, wife of Conrad Kerlinger, the sum of five hundred and thirty four dollars, on payments as follows: One hundred dollars, part thereof, to be paid to him, my grandson, at the end of one year after my death. One hundred dollars, part thereof, at the end of three years: One hundred dollars, at the end of five years: One hundred dollars, at the end of six years, and the balance of one hundredl and thirty four dollars at the end of seven years after my death; said payments to be without interest.

And my grandson Geo. Everhart of Geo. Jr., shall apply said money to the separate use, benefit and maintenance of my daughter Rachel during her lifetime. (And in the event that my daughter shall die leaving no issue and leaving money in the hands of my grandson, or coming into his hands for the use of my said daughter, of my Estate and not expended by her; then and in such case, I will and bequeath the said money to my grand-daughter Elizabeth wife of Henry Houck, to her and her heirs to be paid unto her as the same shall come into the hands of my said grandson, and any receipts or writings, witnessing the payment by her or her husband shall be a sufficient discharge to my grandson for any sum or sums of money by him paid to her or him.)

And any receipts or writings witnessing the payment or application of the said money or any part thereof to the separate use, benefit and maintenance of my said daughter and signed by her though a Feme-covert, to be a sufficient discharge to my grandson, for any sum or sums of money by him applied for her use and benefit.

And my son George Everhart shall likewise exonerate, acquit, release and discharge Conrad Kerlinger, his heirs and assigns forever from the payment of eighty six dollars, owing to him the said George Everhart, from the said Conrad Kerlinger, on this day and date of the execution of this will. And I do acquit,exonerate, release & forever discharge the said Conrad Kerlinger, his heirs, executors and administrators from all demands and claims whatsoever, which I have against him, for, by and on account, or by means of any sum or sums of money, or by property by me given or advanced to him, in part of my said daughter Rachel's portion of my Estate & charged to Conrad Kerlinger on my book of accounts.

And my son George Everhart, also shall pay to my daughter Polly, wife of George Weaver, the sum of two hundred and fifty dollars.

One hundred dollars thereof to be paid to my said daughter Polly, at the end of two years after my death, and the balance of one hundred and fifty to be paid to my said daughter Polly at the end of four years after my death, said payments to be without interest.

And then also my said son George Everhart shall likewise deliver, cancel or destroy all receipts, notes or obligations which he holds against the said George Weaver, the husband of my daughter Polly, for any sum or sums of money paid or advanced to him by my said son George Everhart, to him the said Geo. Weaver in part of my daughter Polly's portion of my Estate being the sum of four hundred and seventy seven dollars, on the day and date of this will.

And I do hereby acquit, exonerate, release and forever discharge the said George Weaver, his heirs, executors and administrators, from all Claims and demands whatsoever, which I have against him, for, by and on account, or by reason or by means of any sum or sums of money or property by me given or advanced to him in part of my daughter Polly's portion of my Estate, and charged to said George Weaver on my book of accounts.

And whereas I have not left any part or portion of my Estate to the children of my son David now, deceased, I deem it proper here to state, that it is not from want of regard or affection on my part towards them, that they have been excluded, but in consequence of the large amount of debts, which I have paid of his contracting, monies and property real and personal, by me advanced to my said son in his lifetime, which debts, paid monies and property advanced by me to my said son stands charged to him on my book of accounts, and I do hereby declare that the amount of monies charged to my said son David on my book of accounts, and from which I do by these presents acquit and discharge his heirs, executors and administrators, shall go in full satisfaction of all right, title, interest, claim and demand whatsoever, which the heirs of my said son David, deceased, may or can in any way pretend to have or claim of, in, or to all, or any part of my Estate, whether real, personal or mixed. (except the one of said, dec'd, daughter's herein before mentioned, being Elizabeth the wife of Henry Houck).

And I do by these presents likewise acquit and discharge my son-in-law Samuel Myers, his heirs, executors and administrators from all claims and demands whatsoever, which I have against him for monies and property advanced by me in my lifetime, to the said Samuel Myers and charged to him on my books of accounts.

And lastly I do hereby constitute, nominate and appoint my son George Everhart to be my sole Executor of this any 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 hereunto set my land and affixed my seal this seventeenth day of July in the year of our Lord eighteen hundred and thirty three. George Everhart. [Seal.]

Signed, sealed, published and declared by George Everhart, 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 hereunto subscribed our names as witnesses thereto. George Weaver, of Henry. Christian Geiman. George Mathias, Jr. J. Henry Hoppe.

In testimony that the aforegoing is a true copy taken from the original, filed and remaining in the Office of the Register of Wills for Baltimore Co., I hereunto subscribe my name and affix the seal of my Office this 30th day of April 1835. Test: D. M. Perine, Register of Wills for Baltimore Co., Md. [Seal.]