Will of Philip Daniel NAIL (1803), Carroll County, MD

Contributed for use in USGenWeb Archives by Roger Nale <rnale1@comcast.net>

http://www.usgwarchives.net/copyright.htm
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Liber GMRB 1, Folio 73; Microfilm CR 49, 161, Maryland State Archives.

The text of Philip Daniel Nail's will, as transcribed from the original by Roger 
Nale, follows:
(Capitalization, spelling and punctuation copied exactly as shown in original 
text.)

"In The Name of God Amen.  I Philip Daniel Nail of Frederick County and State of 
Mary. being weak in Body but of Sound mind & memory Do make and ordain this my 
last will & Testament as follows to wit.  My Soul I commend to Almighty god & My 
Body I commit to the Earth to be Buried in a decent Christian like manner at the 
Discretion of my Executor -- And whereas I have fully Satisfied my four Sons, 
Jacob, Daniel, Frederick & Christophel in Land & have taken Bonds for what their 
Land is worth more than their shares I therefore hereby Declare that it is my 
will that neither of them Shall have any further share of my Estate either Real 
or Personal.  And that they are to pay their Several Bonds unto my Executors.
  First I give and bequeath to my beloved Wife Margaret the Bed Bedstead & 
Bedding which we have used as our own, her Chest & Cloathing a Cow such as she 
shall choose from among my Flock,  To my son Henry a Four year old mare -- which 
has been considered as his with the Saddle & Bridle thereto belonging & one Sett 
of Gears compleat for her to be by him selected from among what Gears are left 
at my Decease the Bedstead and bedding which he makes use of -- To my Daughter 
Cathrine her Bed Bedstead & bedding Chest & two Cows which have all been set 
apart and considered as hers -- To my Daughter Mary her Bed Bedstead & bedding 
Chest & two Cows set apart as hers as aforsaid and Ten Pounds in Money to be 
paid out of the first Money that shall come into the hands of my Executors after 
payment of Debts & my other two Daughters Lovice & Eve have been satisfied equal 
to the above given to Cathrine & Mary & one to have Nothing except their 
Distributive Share hereafter mentioned  All the Flax & Wool together with the 
thread and Yarn left at my Decease is to be equally Divided between My Wife my 
son Henry & my Daughter Catherine & Mary Share & Share alike, & further it is my 
will that my Debts shall be paid out of the Book Debts due me & after payment 
thereof all that remains shall also be equally Divided between my Wife my son 
Henry and my two Daughters Cathrine & Mary Share & Share alike -- And whereas 
there are about Fifty Dollars left in my hands of Money received for the Support 
of Catherines two Children Casper & Hannah /unexpended for their Support/ It is 
therefore my Desire that my Executors put out that much on Interest and pay the 
Same with the Interest received thereon to the said two Children when of Age  
That is to Casper Twenty five Dols. & the Interest when he shall be Twenty one -
- And Twenty five Dols. and the Interest to Hannah when she shall be Sixteen and 
if one Should Die before of Age then the whole Fifty Dolls. & Int. to go to the 
Survivor and if both Should die then the Fifty Dols. & Int. to be Equally 
Divided between all my living Children & Wife share and Share alike
 
  And it is my will that my son Henry is to Have the plantation on which I now 
live with the Saw Mill thereon together with the Stove in the House all plank be 
on the place at the time of my Decease he paying Yearly to my Executors Twenty 
five pounds for fourteen Years to commence one year after my Decease & to 
Support his Mother to her Satisfaction during her Natural life in such a manner 
as they can Agree together or if they cannot Agree to pay her yearly Twenty 
Dollars during life -- And all the residue of my Estate is to be sold by my 
Executors & the Money to be Divided as follows one third to be my Wife & the 
remainder to be Equally Divided between my Four Daughters Cathrine, Lovice Mary 
& Eve Share & Share alike  And the twenty five Pounds to be paid by Henry 
Together with the bonds due by my Other sons & all monies becomming due Yearly 
is to be collected by my Executors & paid yearly One third to my Wife & the 
residue Equally Divided between my four Daughters Cathrine Lovice Mary & Eve as 
aforesaid and if my Wife or either of my unmarried Children Should die before 
they receive their Share, Such part of their Share as is unpaid to be Equally 
Divided Between my wife and my living Children -- And out of the Money to be 
paid to Catherine my Executors Shall retain Fifty Dollars which Shall be put out 
on Interest & paid to her two Children Casper & Hannah when of age in the Same 
manner as the fifty Dolls. aforsaid -- And out of the Money to be paid to my 
Daughters Lovice & Eve my Executors are to retain one half & put it out on 
Interest & pay it with the Interest to each of their oldest Children when of Age 
& if they Should Die /that is their oldest Child/ then to pay it the Mother as 
first above provided -- And I appoint Peter Erb & Jacob Banker Executors of this 
my Will -- In Testimony whereof & of this & no other being my last will & 
Testament I have hereto set my hand & Affixed my Seal this Sixteenth day of 
December Eighteen Hundred and three --

Signed Sealed Published & pronounced                              his
as his last will & Testament in                         Philip Dan.         Nail
presence of --                                                    mark
Frederick Slyder, Philip Slyder                                          Seal
    Andw. Shriver

Frederick County November the 5th 1804  Then came Philip Slyder one of the 
Subscribing Witnesses to the aforgoing & Annexed last will and Testament of 
Philip Daniel Nail late of Frederick County Deceased and made Oath on the Holy 
Evangels of Almighty God that he did see the Testator therin named Sign & Seal 
this will that he 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 
his apprehension of a Sound and Disposing mind memory and understanding that he 
Subscribed his name as a Witness to this will in the Presence and at the request 
of the Testator    And that he did also see Frederick Slyder and Andrew Shriver 
the Other Subscribing Witnesses Sign their names as Witnesses to said Will in 
the presence and at the request of the Testator and all in the presence of each 
other
George Murdock  Reg..

Where as the last years Crop of Winter Grain was Sowed down by my son Henry and 
my son in law John Stone and each of them is therefore entitled to one third of 
the winter Grain growing in the fields next to Hoffackers and to Slyders and the 
Buckwheat field containing together about Thirteen Acres in the said three 
fields  And Henry is entitled to one half of the Winter Grain growing in the 
Small field of about four Acres towards Sholls there being therefore only one 
third of Three fields and one half of the fourth remain, It is therefore my will 
That any part thereof Together with all the Grain Flour and Meat on hand when I 
die Shall belong to my Wife, my son Henry and my Daughters -- Catharine and Mary 
for their Joint Support so long as they Shall live together as one Family, And 
John Stone is to have one Third of the winter Grain in the above three fields 
And my son Henry the Other third and he also to have one half of the four Acre 
field as aforsaid, The Executor or appraisers are not to have anything to say to 
the Grain Flour or Meat any thing in the above will contained contrary thereto 
not with standing. In Testimony whereof I have hereunto set my hand and Affixed 
my seal this tenth Day of January Eighteen Hundred And four____.

Signed Sealed published and                            his
pronounced as a Codicil to his last         Philip Danl      Nail
Will hereto Annexed in presence of                     mark
Magdalena Banker, George Erhart                        Seal
John Sholl, Andw. Shriver

Frederick County November 5th 1804.  Then came George Erhart and John Sholl two 
of the Subscribing witnesses to the aforgoing and Annexed Codicil to the last 
will & Testament of Philip Daniel Nail late of Frederick County Deceased and 
made Oath on the holy Evangels of Almighty God that they did see the Testator 
therein named Sign & Seal this codicil that they heard him publish pronounce and 
Declare the same to be a codicil to his last will and Testament that at the time 
of his so doing he was to the best of their apprehensions of a sound & disposing 
mind memory and understanding that they respectively Subscribed their names as 
Witnesses to said Codicil in the presence and at the request of the Testator -- 
And that they did also see Magdelena Banker & Andrew Shriver the other 
Subscribing Witnesses sign their names as Witnesses to said Codicil in the 
presence and at the request of the Testator and all in the presence of each 
other.
George Murdock Reg.

I Peter Erb one of the appointed Executors in the last will and Testament of 
Philip Daniel Nail late of Frederick County Deceased do hereby refuse to Act as 
Executor to said Will by Virtue of said Appointment And do therefore renounce 
all my rights title and Claim to said Executorship."