Estate #1 on file at the Carroll County Courthouse,
copright © 2003 by Jeffrey L. Thomas
27 February 1837
In the name of God Amen, I Elizabeth Tawney of Carroll County in the state of Maryland, being in a feeble and uncertain state of health of 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 home, do therefore make and publish this my last will and testament in the manner and form as follows, 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 hereafter names, and after my debts and funeral charges are paid, I devise and bequeath as follows:
Secondly, I give and bequeath unto my granddaughter Margaret - daughter of my daughter Catherine, one bed and suitable bed clothes (and bedstead) and this bed is to be the one I generally use myself - and a cow, such as may be set aside for her by my executor, and a burass.
Thirdly, I give and bequeath unto to my son George more than his share of my estate, which will be designated here (?) one horse such as he may choose, and a desk which is general(ly) known as his fathers.
Fourthly, I direct my executor hereafter mentioned as soon after my decease as may be to sell and dispose of the residue of my estate, both real and personal, and as the proceeds may come into his hands, to pay it over to my heirs as hereafter directed viz: I direct the proceeds to be divided into seven shares, one share to be paid to my son Jacob Tawney - one share to my son John Tawney - one share to my son David Tawney - one share to my son George Tawney - one share to my daughter Sally - and two shares to my daughter Catherine. The shares coming to my son David and George to be first out of interest, by the directions of the orphan's court, and the interest that may accrue upon, the same to be paid to them annually, and also at any time such part of their shares, as the court may think necessary for their use. And the share that I direct to be paid to my daughter Sally to be paid by my executor into her own hands, and her receipt individually, to be his justification. The sale of my property to be made at public or private sale, but if made at private sale to be subject to the ratification of the orphan's court, and after sale and approven security is given by the purchaser or purchasers - my executor shall convey the same, all their right(s), titles and interest I may have had in the same - such conveyance to be a good and sufficient (bar?) to all my heirs, and all under me - and at the death of my sons David and George, their two shares or such part as may remain to be equally divided among my then surviving children, and the representatives of those dead, the representatives of each taking only their parent's share. But should either of my said sons, or both David or George leave children at their death, their respective shares or such part as may remain shall go to their children inclusively.
Whereas there is now depending a suit in the Chancery Court brought by creditors of my late husband Frederick Tawney against me, it is my desire, should said suit not be concluded at my decease, that my said executor shall not proceed immediately afterwards to dispose of my real estate, unless he shall be of the opinion that said estate will sell as advantageous(ly) then as at any other time, and if he does this, immediately dispose of the same as is my direction (torn) to be retained out of the proceeds as much as shall be necessary to repay the probate expenses of said suit, and that he divide the balance among my children in the manner and proportions above stated. After said suit is concluded and the expenses of same thus defrayed should any money remain in the hands of my executor, the same shall be divided among my children in the manner and proportions stated above. It is my further direction to my said executor that in executing this part of my will (that) he consults with and be directed by the orphan's court.
And lastly, I do ordain and appoint Jacob Shriver my executor of this my last will and testament, to execute the same agreeable to the intent and meaning thereof.
In testimony whereof I have hear set my hand and seal this 27 day of February - 1837
Elizabeth X Tawney (seal)
Signed, sealed, published and declared by Elizabeth Tawney as and for her last will and testament in our presents (presence) and who were witnesses at her request.
John Roop, Jr.
Maryland, Carroll County to wit:
On the 10th day of April 1837 came Jacob Shriver and made oath on the holy Evangels of Almighty God, that the foregoing instrument of writing is the whole true last will and testament of Elizabeth Taney, late of Carroll County decd that has come into his hands and possession. That he received the same from the testatrix for safe keeping; and that he (does not) know of any of a later date.
Maryland, Carroll County to wit:
On the 10th day of April 1837 came David Roop, John Schweigart and John Roop, Jr. the subscribing witnesses to the foregoing last will and testament of Elizabeth Taney late of Carroll County deceased.
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