Will of Michael FROCK (1838); Carroll County, Maryland Copyright(c) 2003 by Richard B. Huneke < rickhuneke@hotmail.com >. http://www.usgwarchives.net/copyright.htm ******************************************************** No. 134. Last Will and Testament of Michael Frock, Decd. Wills Courthouse, Carroll County, MD The last will and testament of Michael Frock of Carroll County in the State of Maryland as follows; to wit: I will and bequeath to my two sons, William Frock and Jacob Frock, all my wearing apparel, share and share alike. I will and bequeath to my wife Catharine, in case she survives me of my goods and chattels, two cows, two hogs, which she may choose out of my stock, two bedsteads, beds and bedding, one stove and pipe, one table, six chairs, one clock and case, one chest, one corner cupboard, one large german bible, one spinning wheel, one ?, one copper kettle, two iron pots, two pans, two tin buckets, one wooden bucket, two tubs, and such other of my household and kitchen furniture, as she my said wife may see fit to retain for her use for keeping house. I give and devise to my son William Frock all my following described real estate, situate in Carroll County, State of Maryland, to wit: All that plantation or tract of land whereon I now dwell, and whereon my said son doth now also dwell, being part of a tract of land called Patience Care, and part of a tract of land called Owing's Choice, being the same land heretofore conveyed to me, by a certain John Baker, for the quantity of one hundred and sixty-five acres more or less, by his deed, dated on the 15th day of April 1805, recorded amongst the land records of Frederick County, in Liber W. R. No. 27, Folio 18, 19 & 20. Also one other tract of land being part of a tract of land called and known by the name of a part of The fifth part of the resurvey on Lookabout, being the same tract of land heretofore conveyed to me for the quantity of seventy three and one half of an acre, by a certain Frederick Janey?, by his deed dated the 4th day of December, 1807, recorded amongst the land records of Frederick County, in Liber W. R. No. 33, folios 232, 234, 235 & 236. Also all the following part or parcel of land, to wit: part of a tract called The resurvey on Lookabout, being the same part or parcel of land heretofore conveyed to me by a certain John Mikesall, ?, for the quantity of thirty three acres and one hundred square perches, by his deed dated the 13th day of April 1814, recorded amongst the land records of Frederick County, in Liber W. R., No. 47, folios 562 & 563, to Have and to Hold, the said tracts, parts and parcels of land, so as aforesaid described, with all and every to appurtenances thereto, to him my said son William Frock, his heirs and assigns forever, nevertheless on the conditions and for the considerations following, that is to say: On condition and in consideration, that he my said son William Frock, his heirs, executors, administrators, or assigns, do and shall allow and permit my wife Catharine in case she survives me, to have, hold, use, occupy, possess, and enjoy the dwelling house wherein I now dwell, standing on my first above named and described plantation, together with the springhouse, garden, stable & to the same, and the lot of ground appurtenant thereto, and containing about two acres, for and during the widowhood of my said wife. On condition and in consideration also, that he my said son William Frock, his heirs, executors, administrators or assigns, do and shall at all times during the term of the widowhood of my said wife, find, furnish, provide and at her door, clear of charge, a sufficient supply of good fire wood for her use, and cure, find, provide, and deliver into her stable, a sufficient quantity of hay and fodder, for the feeding and foddering of her two cows and straw for litter, and allow, find and provide pasture for her two cows, during the seasons for pasturing, and also give and yield to her my said wife, during said term, the one third part or share of all the grains and other produce, clover seed, potatoes & hay of which latter she is to receive as already provided excepted, that may or shall be grown, raised or cultivated on my said real estate, so as aforesaid devised to my said son William, my said wife's share or part of such grain and produce to be delivered to her threshed and cleaned and by the bushel, and also allow and permit my said wife to have and take as much fruit from the orchard on my said real estate, in each and every fruit year as she may want for her use & consumption. He my said son William Frock, shall at all times during my wife's widowhood, sell and dispose for her, any grain or other produce that she may have over and above or more than she may want or need for her use and consumption, and shall apply all, or such part of the money arising from such sales, to the support and maintenance of my said wife; and should any money arising from such sales remain in the hands of my said son after having contributed thereof sufficient to enable my said wife to live with comfort, convenience and ease, such money to be disposed of and applied as hereinafter directed. On condition and in consideration also, that my said son, William Frock, his heirs, executors, administrators or assigns, so and shall during the widowhood of my said wife Catharine from year to year rent the dwelling house, standing on my second above described tract of land, with the privileges & to the same, as are now granted to, and enjoyed by, James Hines, the present occupant, and shall pay over the rents so arising to my said wife, for her better and more ample support during the term aforesaid. The several provisions in this my last will and testament for the support, comfort and convenience of my said wife, Catharine, to be in lieu and in full satisfaction of her right of dower, and claim to thirds in all my real estate real and personal. On further condition and in consideration, also that my said son, William Frock, his heirs, executors, administrators or assigns, do and shall in addition to the foregoing, pay or cause to be paid, for my said real estate, the sum of thirty two hundred dollars current money to my following named children and grandchildren, and payable on the manner and at the times hereinafter specified, that is to say, The sum of five hundred and sixty dollars, part of said sum, at the expiration of one year from and after the death or marriage of my wife Catharine whichever event shall first happen, in case my said wife survives me, or at the expiration of one year from and after my death, should my said wife depart this life before me, in equal shares to my son Jacob Frock and to my daughters Elizabeth wife of Adam Humbert and Susannah wife of John Humbert; and the sum of two hundred seventy dollars at the expiration of each and every year for twelve years thereafter. The first, fifth and ninth payments whereof, to be paid to my daughter Elizabeth, wife of Adam Humbert; the third payment whereof to be paid to my granddaughter Susannah Frock, daughter of my son Michael Frock, deceased; the fourth, eighth and twelfth payments whereof to be paid to my daughter Susannah, wife of John Humbert; the seventh payment whereof to be made to my granddaughter Rebecca Frock; and the eleventh payment to be made to my grandson, Henry Frock, children of my son Michael Frock, deceased. I also will and bequeath to my son William Frock, for the term of one year, from and after my death, the use, possession and occupation of my farm or plantation situate in Carroll County and the issues and profits thereof, being a part of a tract of land called Patience Care, and part of a tract called James Fancy, containing together as now included in one survey, one hundred and fifty four acres more or less, and heretofore conveyed to me by David B. Earhart and Jacob Yingling, executors of John Yingling, deceased, by their deed dated on the 24th day of July 1807, recorded amongst the land records of Carroll County, in Liber W. W., No. 1, folios 265, 266 & 267. I order my executors and empower them to do the following acts: to wit: To sell by public or private sale at the expiration of one year from and after my death, on three payments, my plantation so hereinbefore described, conveyed to me by David B. Earhart and Jacob Yingling, executors of John Yingling, deceased, as hereinbefore mentioned, and convey to the same to purchaser or purchasers, my executors in such sale to reserve for the use and benefit for my son, William, any grain or produce standing or growing on my said plantation at the expiration of the time or term for which I have willed the same to my said son, and being the offspring of his labor and cultivation, and the money arising from the sale of my said plantation, I will and bequeath as follows: To Susannah Frock, Rebecca Frock and Henry Frock, children of my son Michael Frock, deceased, the sum of Eighty dollars each, Susannah Frock to be paid out of the first payment, Rebecca Frock to be paid out of the second payment, and Henry Frock to be paid out of the third payment of the purchase money for said plantation: The residue of the money arising from said plantation, I will and bequeath to my sons William Frock & Jacob Frock and my daughters Elizabeth wife of Adam Humbert and Susannah wife of John Humbert, and including in my son Jacob's share the sum of five hundred and sixty three dollars, without interest, heretofore advanced to me to my said son. To sell as soon as conveniently may be after my wife's death or marriage whichever event shall first happen, in case my said wife survives me. The goods and chattels herein willed by me to her or such part thereof as may be remaining. To sell by public auction soon as conveniently may be after my death, such as my goods and chattels not herein bequeathed by me, or all my goods and chattels in case my wife depart this life before me. To collect all moneys due and owing and to be come due to me, and the money arising from the sale of my goods and chattels not herein willed from collections of moneys due and owing and to become due to me, including all moneys which I shall leave at my death, left and remaining in the hands of my executors after payment of my debts, the charges of my funeral, and the costs and charges of purchasing a pair of tomb stones of good quality for me, and setting up or causing the same to be set up at my grave, together with such moneys as shall come into the hands of my son William from the sale and sales of any surplus grain or produce of the share of my real estate, willed by me to my wife, that she may not want for her comfortable maintenance & support in case my wife survives me, I order my executors to put or place in some bank or public stock, fund or otherwise on good & sufficient security, during the widowhood of my said wife, as a fund for her better support, my said executors to apply the interest arising on the same, or any part or all the said fund to the payment of the hire and wages of some female housekeeper or nurse for my said wife, and for my wife's better support in case the means hereinbefore provided for that object, should be insufficient to enable her to live with comfort, during said term, and any receipts or writings witnessing the payment or application of the interest accruing on the fund aforesaid, or of any part or all the said fund to my said wife for her support & of any female or females, hired or employed in the service of my said wife, and signed by these respectively, shall be sufficient discharges to my executors, against the claims and demands of all and every person & persons whomsoever. Should my daughter Susannah depart this life, then and in such case, at her death, all the money which I have willed of my estate to my said daughter, or such part as she shall not have received thereof, I will and bequeath to all her children to be equally divided amongst them share alike. In the event that my son William Frock shall, after my death, refuse or decline to accept of my real estate herein devised by me to my said son, on the conditions and for the consideration herein before mentioned, expressed & contained of and concerning the same, and shall deem it to be for his interest, benefit and advantage, to take an equal share with my other children of all my estate then and in such case, I will and bequeath my estate real and personal as follows. To wit: I will and bequeath to my wife Catharine, in case she shall survive me, and in lieu of her dower in my lands and claim to thirds of my personal estate, the same of my goods and chattels herein before described, and devised to my son William Frock, his heirs and assigns: To have and to hold the same goods and chattels and the said real estate with all and every the appurtenances thereto, and all the profits, rents, issues and proceeds thereof, for and during the term of my said wife's widowhood only. I order and empower my executors hereinafter named, as soon as conveniently may be after my death to sell my goods and chattels not herein willed, at public sale, to collect all moneys due and owing, and to become due to me, also at the expiration of one year from and after my death, to sell by public or private sale, and on such terms as they may deem most advantageous, my plantation or real estate, herein before described being the same land conveyed to me by David B. Earhart and Jacob Yingling, executors of John Yingling, deceased, and convey the same purchases (my son William to have the use, possession and profits of my said plantation for one year from and after my death, & my executors at the sale thereof to reserve for the use and benefit of my said son any crop thereon standing or growing being the offspring of his labor or cultivation during the term for which he holds the same, and the money arising from such sale & collections, including all monies which I shall leave at my death, left in the hands of my executors, after paying my debts, the expenses of my funeral, and the cost of a pair of tomb stones for me, and setting them up at my grave, I will and bequeath as follows. To wit: To my grandchildren Barbara Frock, Rebecca Frock and Henry Frock, children of my son Michael Frock, deceased, each the sum of Eighty dollars, residue to my son William Frock & Jacob Frock, and my daughters Elizabeth, wife of Adam Humbert and Susannah, wife of John Humbert, shares alike, including in my son Jacob's share, the sum of five hundred and sixty three dollars, without interest, heretofore advanced by me to my said son. I further order and empower my executors as soon as conveniently may be after the marriage of my said wife or her death whichever shall first happen in case she survives me, or as soon as conveniently may be after my death, should my said wife depart this life before me, to sell by public auction the goods and chattels herein willed and bequeathed by me to my said wife, or such as may be remaining thereof at m said wife's marriage or death. Also sell by public or private sale, and on such terms and conditions as they may deem to be most advantageous, all those my lands or real estate will by me to my wife Catharine, during her lifetime only & convey the same to purchaser and purchasers; and the money arising from the sale of said goods and chattels and lands I will and bequeath as follows. To wit: To my sons William Frock & Jacob Frock and my daughters Elizabeth, wife of Adam Humbert, and Susannah, wife of John Humbert and my grandchildren Susannah Frock, Rebecca Frock & Henry Frock, children of my son Michael Frock, deceased, to each of them my said children and grandchildren, the sum of two hundred and twenty dollars, residue to my said sons William and Jacob, and daughters Elizabeth and Susannah, to be divided amongst them share alike. Should my daughter Elizabeth depart this life, then and in such case, at her death, all the money willed and bequeathed by me by all my estate to my said daughter, or such part as she shall not then have received thereof, I will and bequeath to all her children, to be equally shared amongst them, that is share and share alike. Should my daughter Susannah depart this life, then and in such case, at her death, all the money willed and bequeathed by me by all my estate to my said daughter, or such part as she shall not then have received thereof, I will and bequeath to all her children, to be divided amongst them share and share alike. And lastly I do hereby constitute and appoint my two sons, William Frock and Jacob Frock, executors of this my last will and Testament, giving and granting them and the acting or surviving one of them full power to carry into execution all and every or any provision contained in this my last will and Testament, and also to convey by deed duly executed and acknowledged according to law to a certain John Frock, so soon as the purchase money for said land be paid or secured to be paid to my executors or the acting or surviving one of them, hereby revoking and annulling all my former wills or testaments. In Testimony whereof I hereto subscribe my name, and affix my seal, this Tenth day of May, Eighteen hundred and thirty eight. Michael Frock (his signature and seal) Signed, sealed, published, pronounced and declared by Michael Frock, 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, hereby subscribe our names as witnesses thereto: John Flickinger John Weimer John Flickinger, Jr. Maryland, Carroll County, To Wit: On the 22nd day of August 1842, Before the Orphans Court for Carroll County came William Frock the person who exhibited the aforegoing instrument of writing and in open Court made Oath on the Holy Evangely of Almighty God, that the said aforegoing instrument of writing is the true and whole last will and testament of Michael Frock, late of Carroll County deceased, that hath come to his hands and possession. That he found the same since the death of the said Michael Frock deposited with other of this writings and that he does not know of any other will left by said deceased. Test. John Baumgartner, Regr. Maryland, Carroll County, To wit: On the 22nd day of August 1842, Before the Orphans Court for Carroll County came John Flickinger, John Weimer and John Flickinger, Jr. the subscribing witnesses to the aforegoing last will and testament of Michael Frock late of Carroll County, deceased, and in Open Court made oath on the Holy Evangely of Almighty God, that they did see Michael Frock, the testator therein named sign & seal said will. That they heard him publish, pronounce & declare the same to be his last will and testament, that at the time of his so doing he was to the best of their apprehensions, knowledge and belief of sound and disposing of mind, memory and understanding. That they subscribed their names as witnesses to the said will at the request of the said Michael Frock, in his presence and all in the presence of each other. Test. John Baumgartner, Regr. Transcribed by Richard Huneke, April, 25, 2003.