Will of Jacob NAIL (1833), Carroll County, MD

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http://www.usgwarchives.net/copyright.htm
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Liber GME 1, Folio 479      Microfilm CR 49, 164;  Maryland State Archives

Will of Jacob Nail, son of Philip Daniel Nail, January 25, 1833.

"In the name of God, Amen;  I Jacob Nail of Frederick County, in the State of 
Maryland, being weak in body, But of sound and disposing mind, memory, and 
understanding, thanks be given to Almighty God, and knowing it is appointed for 
all men to die, and being desirous to settle my wordly affairs, and thereby to 
the better prepared to leave this world, when it shall please God to call me 
hence, do therefore make & publish this my last will and Testament, in the 
manner and form following --
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 herin 
after named, and after my debts and funeral charges are first paid and 
satisfied, I give devise and bequeath as follows;
I give and devise unto my beloved wife, Elizabeth, the one third of my estate; 
Real & personal; after the payment of my debts, And I also give and bequeath, in 
addition to the said thirds, the following property to wit, One cow, the choices 
of my stocks, her chest with the contents therein, one  Bed, Bestead, and 
furniture compleate, And as much of my kitchens furniture as she may want, not 
exceeding the sum of ten dollars worth. --
Item.  I give and devise unto my daughter Lovis, her cow and heifer, Bureau, 
Bed, Bedstead and Beding complete, her spinning wheel, her _binsor chairs, and 
forty dollars in cash, to be paid unto her, out of the first money that may come 
into my Executors hands, said sum of forty dollars, and personal property to 
make her equal with the rest of her sisters, in addition with an equal share of 
the balance of my Estate;
Item.  My will and desire in that the whole and remainder of my Real and 
personal Estate, to be sold, by my Executor, immediately after my decease and 
the money arising therefrom, after my debts, funeral charges, and Legacy are 
fully paid, to be equally divided amongst my seven living children, and the 
heirs of my daughter Elizabeth Wolf, now deceased, that is to be divided into 
Eight equal shares, One equal part to be given to the heirs of my deceased 
daughter Elizabeth, intermarried with Jacob Wolf, and one equal share to be 
given to my daughter Rachel now the wife of Henry Brown ____ to her heirs and 
assigns, and one equal share to be given to my daughter Magdalene, now the wife 
of William Burgoon, or to her heirs and assigns, and one equal share to be given 
to my daughter Polly now the wife of ____ Harman, or to heirs and assigns, One 
equal share to be given to my son Peter, or to his heirs and assigns, one equal 
share to be given to my daughter Nancy, now the wife of John Stoneseifert, or to 
her heirs and assigns, Each one to have share and share alike, Except Lovis to 
have as aforsaid, in addition to her share.
Item.  It is my will and desire, as soon as convienient, after my death, the 
Executor of my Estate, have all my personal Estate appraised, and an Inventory 
of the same made out, and returned to the Orphans Court of Frederick County, and 
to sell the same at public Sale to the best advantage. --
Item.  I do hereby direct as aforesaid, that my plantation and other lands, that 
I at present possess, is to be sold as aforesaid, The same privately, if it 
cannot be sold in that way, then the same to be sold at public sale, as soon as 
possible, and the money arising from said sales, to be disposed of as aforesaid. 
--
Item.  I order and direct, that any accounts, standing open on any of my books, 
against any of my children, for any advancements made by me to them, or 
otherwise, shall account for such accounts with my Executor, and settle the 
same, and shall pay interest if it should be required by my executor on said 
amount. --
Item. And I do hereby fully authorize and impower my said Executor, to make and 
execute a good and sufficient deed, or Instrument of writing to the purchaser or 
purchasers, of the whole or any part of said Land, as fully as though I were 
living to convey the same myself, at any time previous to my death.  And lastly 
I do hereby constitute and appoint my truily friend J. Henry Hoppe, to be sole 
Executor of this my last will and testament, revoking and annulling all former 
wills by me made heretofore, ratifying & confirming this and none other to be my 
last will and Testament. --
In testimony whereof I have hereunto set my hand and affixed my seal, this 
twenty fifth day of January, in the year of our Lord, Eighteen hundred and 
thirty three.--
Signed, sealed, published and declared, by                    Jacob Nail  (Seal)
Jacob Nail, 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 subscribed our names as witnesses thereto.
            Adam Yingling
            John Yingling
            Michael Lynch

Maryland Frederick County to wit
            On the 4th day of June 1833, came J. Henry Hoppe and made Oath on 
the Holy Evangel of Almighty God, that the foregoing instrument of writing, is 
the true whole will and testament of Jacob Naile, late of Frederick County, 
deceased, that hath come to his hands and professes, that he recd the same from 
the testator for safe keeping, and that he does not know of any other.
                                          Test.  G. M. Eichelberger Reg.

Maryland Frederick County to wit.
            On the 3rd day of June 1833, came John Yingling and Michael Lynch, 
two of the subscribing witnesses to the foregoing last will and testament of 
Jacob Naile, decd., and made oath on the Holy Evangels of Almighty God, that 
they did see the Testator, therein named, Sign and seal this will, that they 
heard him publish, pronounce and 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, of a sound and disposing mind, memory and understanding, that 
they respectively subscribed their names, as witnesses thereto, at the request 
of the testator, and in his presence, and that they did also see Adam Yingling, 
the other subscribing witness, subscribe his name, as a witness thereto, at the 
request of the testator, and in his presence, and all in the presence of each 
other. --
                                          Test.  G. M. Eichelberger Reg.