Will of Jacob FROCK (1855); Carroll County, Maryland

Copyright(c) 2003 by Richard B. Huneke < rickhuneke@hotmail.com >.

http://www.usgwarchives.net/copyright.htm
********************************************************

No 625: Last Will and Testament of Jacob Frock, Decd.
Wills - Carroll County, MD, 

In the name of God Amen.

I Jacob Frock, of Carroll County in the State of Maryland, being of sound and 
disposing mind and 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 as follows.  To wit:

I give and bequeath to my wife Elizabeth Frock, upon the conditions herein after 
written, all the following Personal Property viz:
Two Cows, two Hogs, all my sheep, Cooking Stoves and Fixtures, all my Iron Pots, 
all my earthen ware, Corner Cupboard, Tables, Baureau [sic], one large and one 
small tub, all my Buckets, one Butter Churn, Looking Glass, Spinning wheel, all 
my Pewter ware, all my Tin ware, all my Delf [sic] ware, Chest, all my Beds and 
Bedsteads, half dozen Knifes [sic] and Forks, Five Bags, all my Bedding, Five 
Bushels of Wheat, Five bushels of Corn, all my Flax and Tow Linen, all my Flax 
and tow, all my woolen Cloth for woman's ware, all my Linsey for woman's ware, 
all my dried Fruit, half dozen Chairs, one Rocking chair, Dought [sic] Trey 
[sic] stand, all my baskets, as also the sum of twenty-four dollars yearly 
during the life time of my said wife to be paid to her my said wife in the 
manure [sic] and by the persons, heiren [sic] after directed or mentioned.

The foregoing Bequest, I give to my said wife, Elizabeth Frock, Provided she 
shall remove from and leave my real Property in six months from the time of my 
death, and also relinquish all and any right of Dowers, which she may or might 
have of in and to to [sic] my whole Estate, otherwise said Bequest be null, void 
and of none effect to all intents and purpose, and in place thereof.

I give and bequeath to my said wife, Elizabeth Frock, during her life time only 
or while she remains my widow the following personal Property viz:  Two cows, 
Two hogs, all my sheep, Cooking stove and Fixtures, twelve earthen pots, all my 
earthen dishes, Tables, Bureau, Corner Cupboard, one large and one small tub, 
all Buckets, Butter Churn, Looking Glass, Spinning Wheel, all my Tin ware, all 
my Delf [sic] ware, Chest, Beds and Bedsteads, half half  [sic] Dozen Knives and 
Forks, three Bags, six Chairs, one Rocking Chair, Dought [sic] Trey [sic]  and 
one stand, as also during the life time or widowhood of my said wife Elizabeth 
Frock, the Tract or parcel of ground upon which I now reside at this time lying 
in and being in Carroll County, called High Germany and containing Fifty three 
acres of Land more or less, which land adjoints [sic] Joseph Warner and Joseph 
Yingling and others, and also in like manure [sic] my wood lot which I have 
bought of Joseph Sharrer, lying and being in Carroll County, Maryland, a part of 
a tract of land called Walkers' Paradise containing eight acres more or less 
adjoining Sharrer's Land, to have, use and occupy the same.  Provided that she 
my said wife shall not farm more than one field yearly, on said land whereon I 
now reside.  Also that she my said wife, Elizabeth Frock, will put upon said 
land fifty bushels of Lime yearly, also that she my said wife Elizabeth Frock 
shall pay the Taxes, yearly upon said land.  Also that she my said wife shall 
not be permitted or suffer anny [sic] Hay or Straw or manure of anny [sic] kind 
to be taken off the premeises [sic].  Also that she my said wife shall take in 
to pasture of anny [sic] kind.  Provided also that she my said wife shall not 
take no familly [sic] to her said land, none but single.  And my said wife shall 
take no timber off the Land called High Germany except such as my Executors 
herein after named may order and direct to make a sufficiences [sic] of firewood 
for my said wife Elizabeth Frock.  Any rails necessary for the Fencing my said 
wife shall make the same on the wood lot mentioned in Sharrers Lot, for the use 
of keeping the fencing in repair.  And I further request that my said wife has 
to pay the expenses to make the Rails and also to deliver on said land.  In the 
event that my said wife Elizabeth Frock, shall make choice of the first Bequest 
herein made to her, I do then direct that my son Michael Frock, my son John 
Frock, my daughter Anna Catharine Myers wife of Christian Myers, shall pay to my 
said wife the yearly interest or legacy of twenty four dollars as therein 
contained share and share alike the first payment thereof to be made two years 
from the time of my death, and yearly thereafter during the lifetime of my said 
wife.

I give an [sic] Bequeath to my son Michael Frock my weaving loom with all the 
fixtures belonging to it, also all the stove pipe belonging to me on the 
premises occupied by my son Michael Frock.

I give an [sic] Bequeath to my son Michael Frock my Farm or tract of land upon 
which my son now reside lying and being in Carroll County adjoining land of 
Benjamin Bixler and Joseph Hoover and others called and nowed [sic] by the name 
of James Mistake, and a part of a tract of Land called the Discovery containing 
one hundred and eighteen acres of land more or less, an also one acres and 
twenty four square perches of land more or less which small tract I Boug [sic] 
of Joseph Hoover with water rights and all the courses, to the said farm above, 
and also any two wood lots, being a part of a tract of land called Bachelors 
Prospect, lying and adjoining each other lying and being in Carroll County, 
State of Maryland and containg [sic] in the aggregate twelve and one quarter 
acres of Land more or less, adjoining together to him my said son Michael Frock, 
to his heirs assigns forever, and for his youse [sic].  Provided Nevertheless 
that he my said son Michael Frock shall out the just and full sum of three 
thousand six hundred and fifty Dollars, eight payments, in the following sums, 
at the following times, and to the following named persons, viz:

First, To my John Frock the sum of four hundred and fifty Dollars, to be due and 
payable two years from the time of my death.  

Second, To my son John Frock the sum of four hundred and fifty dollars, to be 
due and payable three years from the time of my death.  

Third, To my daughter Mary Brown wife of Henry Brown the sum of four hundred and 
fifty dollars, to be due and payable four years from the time of my death.  

Fourth, To my daughter Mary Brown wife of Henry Brown the sum of four hundred 
and fifty Dollars, to be due and payable five years from the time of my death.  

Fifth, To my daughter Anna Catharine Frock wife of Christian Myers the sum of 
four hundred and fifty dollars, to be due and payable six years from the time of 
my death.

Sixth, To my daughter Anna Catharine Frock wife of Christian Myers the sum of 
four hundred and fifty dollars, to be due and payable seven years from the time 
of my death.

Seventh, To my son John Frock, to my daughter Mary Brown wife of Henry Brown, 
and to my daughter Anna Catharine Myers wife of Christian Myers the sum of four 
hundred and fifty dollars, to be equally divided among them share and share 
alike to be due payable eight years from the time of my death.  

Eight to my son John Frock the sum of two hundred Dollars, to my daughter Mary 
Brown wife of Henry Brown, the sum of one hundred and fifty dollars, to my 
daughter Anna Catharine Myers, wife of Christian Myers, the sum of one hundred 
and fifty dollars, to be due and payable nine years from the time of my death.  

The foregoing payments to be no interest, untill [sic] they shall fall due and 
the aforesaid payments, accounting in the agregate [sic] to the sum of three 
thousand six hundred and fifty dollars, are fully paid and satisfied by my son 
Micheal [sic] Frock the manner herein Before directed by me for said tract of 
land which I had bought of Emanuel Bixler, which I at this time Devise by me to 
my son Micheal [sic] Frock.  I do hereby expressly declare it is my will and 
intention that the same shall be to all intends [sic] and porposes [sic], be 
remained and continued a charge and Lein [sic] on my said Plantation.   Also 
stand as a good claim or claims against my said son Micheal [sic] Frock, his 
heirs assings [sic], untill [sic] the same shall be fully paid and satisfied, 
and then and not till then shall my said son Micheal [sic] Frock be fully 
exonated [sic] and acquire a full perfect and legell [sic] estate of in and to 
my farm or Tract of land and premiseis [sic] and improvement belonging thereto, 
after all money paid out his title shall be good fore evere [sic], as I at this 
so as aforesaid devises under this my last will and testament to my said son 
Micheal Frock, his heirs and assigns forever.  I do order and direct authorise 
[sic] and empower my Executors herein after named, or the Survivor of them to 
dispose of at public sale my real estate, called High Germany lying as aforesaid 
and the same land I receide [sic] at this time and containg [sic] as aforesaid 
fifty three acres of land more or less, in one year from the time of my death, 
or in one year from the time of the death, or marrage [sic] of my said wife 
Elizabeth Frock, as owing to the choice she shall make of the Legacys [sic] 
herein before Bequeathed.  And further if my said wife Elizabeth Frock will make 
the choice to stay on said land called High Germany she will not receive the 
anuly [sic] Interest of twenty four Dollars, as mentioned Before of namly [sic] 
of my son Micheal [sic] Frock, and my son John Frock, and of Mary Brown wife of 
Henry Brown, Anna Cathrine [sic] Myers wife of Christian Myers.  But if my wife 
leve [sic] this shee [sic] shall draw annuly [sic] the interest as mentioned 
before, to her said Real estate, I do order and direct to be sold upon the terms 
following terms viz:  Four hundred dollars of the purchase money to be paid in 
hand and the balance in two equal annual payments, said payments to be on no 
interest untill [sic] they fall due, and at the same time to dispose of at 
public sale my wood lot known as Sharres [sic] lot, containg [sic] eight and one 
half acres of land more or less, upon the following terms viz:  one half of the 
purchase money to be paid in hand, and the balance [sic] one year thereafter 
said payment to be no interest untill [sic] due or the same shall fall or becom 
[sic] due.

And when my Real estate is sold I by this my last will and Testament impower 
[sic], I do order and direct when sold I hereby authorise [sic] and empower my 
said Executors hereinafter named, or the survivor of them to convay [sic] said 
Real Estate to the purchase thereof as I might or could do.  I also order and 
direct my Executors hereinafter named or the survivor of them in the event that 
my said wife Elizabeth Frock shall make choice of the second Bequest, herein 
before made to her, dispose of at public sale or soon as conveniently may be 
after the death or marrage [sic] of my said wife all the personall [sic] 
property bequeathed to her by the second Bequest herein contained.

I also order, direct, authorise [sic] and empower my Executors hereinafter named 
or the survivor of them, as soon as may be after the death to do the following 
acts and things to wit:  To dispose of at public sale the entire residue of my 
whole Personal Estate, as son as convenient [sic] after my death.  To collect by 
suits or otherwise all monies due and owing to me or to become due to me wether 
[sic] Bonds Notes, single bill, Book accounts or otherwise.  And from the 
proceeds of the sale or sales of my real estate as herein before directed, as 
also from the collections of debts due, used as also what money I may leave at 
the time of my death which may come into the hands of my Executors after the 
payment thereof and thereout all my just debts and funeral charges are paid.  I 
give and bequeath the entire residue of my whole Estate to my son Micheal [sic] 
Frock, to my son John Frock, to my daughter Mary Brown wife of Henry Brown, and 
to my daughter Anna Catharine Myers wife of Christian Myers, to be equally 
divided amongs [sic] them share and share alike.  

And lastly, I do hereby constitute and appoint my two sons John Frock and 
Micheal [sic] Frock Executors of this my last will and Testament Revoking and 
enmolling [sic] all formers [sic] wills by me heretofore made.  Ratifying and 
confeirming [sic] this and non [sic] other to be my last will and testatement 
[sic].  In testimoney [sic] whereof I have hereunto set my hand and affixed my 
seal this twenty eight day of April in the year of our Lord eighteen hundred and 
fifty five.

Jacob Frock (his signature)   Seal


Signed, sealed, published and declared by Jacob Frock, the above names Testator 
as and for his last will and Testament in the Present [sic] of us who at his 
request and in his presence and in the presence of each other have subscribed 
our name as witness thereto.

Michael Sholl
Abraham Koontz
Jacob B. Earhart

Maryland, Carroll County To wit:  On the 24th of January 1859, before the 
Orphans Court for Carroll County, came Jonathan William Earhart, 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 Jacob Frock, late of Carroll County, deceased.  That he 
received it, since the Testator's death, from the Testator's brother William 
Frock; and that he does not know of any other will, or codicil, left by the said 
deceased.

Test:  Jos. M. Parke, Register


Maryland, Carroll County, To wit:  On the 24th of January 1859, before the 
Orphans Court for Carroll County, came Micheal Sholl and Abraham Koontz, tow of 
the subscribing witnesses to the aforegoing last will and Testament of Jacob 
Frock, late of Carroll County deceased, and in the Court, made an oath on the 
Holy Evangely of Almighty God, that they did see Jacob Frock, the Testator in 
said will named, sign and seal said will.  That they heard him publish, 
pronounce and declare the same to be his last will and Testament.  That at the 
time of so doing, he, the said Jacob Frock, was, to the best of their 
apprehensions, knowledge and belief, of sound and disposing mind, memory and 
understanding, and that they, together with Jacob B. Earhart, the other 
subscribing witness to said will, 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. Parke, Register of Wills



From the Carroll County Courthouse, transcribed by Richard B. Huneke