The Last Will and Testament of Ellen Byers, 1857 File contributed for use in USGenWeb Archives by Gwen Hurst. (gwnj@shentel.net) USGENWEB NOTICE: In keeping with our policy of providing free information on the Internet, data may be freely used by non-commercial entities, as long as this message remains on all copied material. These electronic pages may NOT be reproduced in any format for profit or presentation by other organizations. ================================================================== The Last will and Testament of Ellen Byers 1857 Carroll Co., Maryland In the name of God Amen I Ellen Byers of Carroll County in the State of Maryland being weak and sick 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 Almighty God to call me hence. Do therefore make and publish this Instrument of writing my last will and Testament, in manner and 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 executors herein after named and after my debts and funeral charges are paid, I give and bequeath my estate as follows. Towit: I give and bequeath unto my daughter Susan Byers my negro girl, named Jane Ann Gibson, aged thirteen years, on the 13th day of October 1857, and my negro boy named David Sekins aged four years on the 8th day of November 1856. My said two negroes to serve my said daughter Susan and her heirs during their lives, but in case my daughter Susan should sell or otherwise dispose of said negroes, ten and, in that case, said negro or negroes, to serve no longer ten to the age of thirty five years at which time I manumit and from slavery set free said negroes: -- I give and bequeath unto my son Daniel Byers, my negro man Samuel Gibson, slave for life, and also my negro boy Richard David Robinson aged seventeen years on the 2d day of April 1857, said negro boy to serve my son Daniel, and his heirs, during life, but not to sell said negro, and if sold by my said son Daniel or his heirs, then not to be sold for, or serve a longer time than to the age of thirty five years - at which time, if sold I do hereby from slavery set free said negro boy. I also give and bequeath unto my son Daniel my Roan mare. I give and bequeath unto my son John Franklin Byers my negro Boy called Samuel Owings Gibson, aged fifteen years on the 12th of July 1857, and also my negro boy Charles Allen Gibson aged ten years on the 16th day of January 1857, my said two negro boys to serve my son John Franklin, his heirs during their lives. But in case my son John Franklin should sell, or be sold under any circumstances whatsoever, not to serve longer than and until to the age of thirty five years, at which time if sold by my son or his heirs, then I hereby manumit and from slavery set free said negro or negroe. I give and bequeath unto my daughter Elizabeth now the wife of William G. Bansemere and her heirs, my negro woman Lindy Hunt, aged thirty years the first of April 1857 - slave for life- It is my will and order and direct that none of the aforegoing negroes as given and bequeathed to my children as aforesaid to be sold out of the State of Maryland. I order and direct that all my goods an chattels not herein before bequeathed, to be sold, at public sale, by my executors hereinafter named, with such interest as I have, by purchase or otherwise of in and to the real estate of which my husband John A. Byers died seized and possessed. - and the money arising from the sale of the said property. - I order and direct out of the same to pay my debts, funeral and insidental [sic] expenses of settling my estate, and the balance to be equally divided among my five children, viz: William G. Byers, Susan Byers, Daniel Byers, John Franklin Byers, and Elizabeth, now the wife of William G. Bansemer, to them their heirs and assigns, share and share alike. And whereas I purchased at Sheriff sale, the right and interest of William G. Byers, of in and to the real estate of John G. Byers decd. containing about 130 acres of land more or less, and I now request that Joseph Schaeffer Sheriff of Carroll County, convey said Interest so purchased, upon the payment of the purchase money, to my children namely William G. Byers, Susan Byers, Daniel Byers, John Franklin Byers, and Elizabeth now the wife of William G. Bansemer, to them their heirs & assigns. And lastly I do hereby constitute and appoint my son Daniel Byers, & my son in law William G. Bansemer, to be executors of this my last Will and Testament, Revoking and annulling all former wills by me heretofore made satisfying this and none other to be my last will and testimony. In testimony whereof I have hereunto subscribed my name and affixed my seal this first day of November in the year of our Lord in eighteen hundred and fifty seven. Ellen her x mark Byers (Seal) Signed sealed published and Declared by Ellen Byers the above named Testatrux as and for her last will and Testament in the presence of us, who at her request, in her presence, and, in presence of each other have subscribed our names as witnesses thereto. Joseph us H. Hopper George W. Stoner J. Henry Hopper Maryland. Carroll County, Towit: On the 23d day of November 1857 before the Orphans' Court for Carroll County, came Joseph us H. Hopper, George W. Stoner, and John Henry Hopper, the subscribing witnesses to the aforegoing last will and Testament of Ellen Byers, late of Carroll County deceased; and in open Court, made oath on the Holy Evangely of Almighty God, that they did see Ellen Byers, the Testatux in said will named, sign and seal said will, by making her mark thereto: That they heard her publish, pronounce and declare the same to be her last will and Testament: That, at the time of so doing, she, the said Ellen Byers, 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 Testatux, in her presence, and in the presence of each other. Test: Jos. M. Parke, Register of Wills. (Carroll Co. Will Book 2:359-3611). -------------------------------------------