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Maryland Wills, Probates and Estate Records

David Smelser
Michael Smeltzer
Valentine Smeltzer

Carrol County, Maryland

LAST WILL AND TESTAMENT OF DAVID SMELSER
Abstracted from "Asters at Dusk" by Polly Pollock

In the name of God, amen--I David Smelser of Carrol County in the State of Maryland, do make and publish this my Last Will and Testament--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 descretion of my Executors hereinafter named.

I direct my Executors, to collect all the money that may be due or that may become due to my estate; and after all my just debts and funeral expenses are paid, I will and devise as follows:  That my widow Mary Smelser, occupy and enjoy the use of all my real and personal property, untill such time that my youngest child shall arrive at the age of twenty-one years; upon the condition of paying over from year to year, such sum or sums of money as she may have left after defraying the expenses necessary for her comfort, and the repairs of the real property--such money as she may pay over, to be applied towards paying the legacies of my eldest children, as hereinafter directed.

When my youngest child shall have arrived at the age of twenty one years, I direct my Executors to sell all my real and personal property of every description, and to collect the money arrising from said sale or sales.

I then will and bequeath to my widow Mary Smelser, the sum of two thousand dollars.

Whereas I hold two notes of hand (?) against my son William W. Smelser amounting together to the sum of one thousand five hundred and five dollars and twenty-five cents; besides which I have heretofore given him in household articles to the amount ninety four dollars and seventy five cents, amount in the aggregate to the sum of of one thousand , five hundred dollars, which I hereby will and devise to my son William W. Smelser, the same to him and his heirs I then direct that each of my older children, receive out of my estate as much as to make them equal to my son William. 

I then direct that the balance of my estate, be equally divided among my five children, and their respective heirs--In the event of my widow not living untill my youngest child should arrive at the age of twenty-one years, I order my real and personal property to be sold, as soon as may be convenient after her death, and a distribution to be made according to the tenor of what I have hereintofore directed.

The two thousand dollars herein bequeathed to my widow, I direct that the same, or whatever she may enjoy or possess of the same at the time of her death, be equally divided among my five children and their heirs or representatives. 

Lastly, I hereby constitute, and appoint my widow Mary Smelser and my sons William W. Smelser, and David P. Smelser, to be sole Executors of this my last Will and Testament, with as full power to sell release and convey as I myself could have were I living; revoking all former wills by me heretofore made; ratifying and confirming this and none other to be my Last Will and Testament.  In testamony whereof I hereunto subscribe my name and affix my seal the twelfth day of June in the year of our Lord one thousand eight hundred and sixty three.

    David Smelser                 

Signed, sealed, published and declared by David Smelser the within named Testator, as and for his Last Will and Testament in our presence, who at his request in his presence, and in the presence of each other, have subscribed our names as witnesses thereto

Isaac Lambert
Wilson Englar
Phillip Boyle

1864 March 31-True copy Test:

    Jos. W. Parke
Reg'r of Wills

Admitted to probate Feb 29, 1864


Frederick County, Maryland

Abstracted from "Asters at Dusk" by Polly Pollock

IN THE NAME OF GOD AMEN:  I Michael Smeltzer of Frederick County, in the State of Maryland, being in reasonable health of Body and 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, before it shall please God to call me hence, I do therefore make and publish this my last Will and testament, in 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, and after my debts and funeral charges are paid, I devise and bequeath as follows:

I give and bequeath unto my beloved wife Mary Smeltzer, one fether bed, bed sted, and all the furniture and bed clothes thereto belonging to the same, one cow, two hogs, case of Drawers, one Iron pot, tea kettle, frying pan, six tea spoons, (silver) one coffe and tea pots; one dozen cups and saucers, one dozen plates, half a dozen knives and forks, ten plate stove and pipe, my clock and case, six chairs my wearing apparel, and the sum of One thousand Dollars, Current Money, to dispose of as she thinks proper.

I give and bequeath unto my son George Smeltzer, the sum of one hundred and fifty dollars, current money to be paid as hereinafter described.

I give to my daughter Mary Norris the sum of one hundred and fifty dollars, current money, to be paid as hereinafter described.

I give and bequeath to my daughter Catherine Winrode the sum of one hundred and fifty dollars, current money, to be paid as hereinafter directed.

I give and bequeath unto my Daughter Sally Lantz the sum of one hundred and fifty dollars, current money, to be paid as hereinafter directed.

The above legacies to be paid by my Executors in the following manner.

At the end of one year after my death the sum of seventy five dollars, is to be paid to my son George.  At the end of two years after my death, the sum of seventy five dollars, is to be paid to my daughter Mary Norris.  At the end of three years after my death the sum of seventy five dollars, is to be paid to my daughter Catherine Winrode and at the end of four years after my death, the sum of Seventy five dollars, is to be paid to my daughter Sally Lantz and so on yearly, the sum of Seventy five dollars, until the whole is paid commencing with my son George, and so on yearly to each of my daughters as before stated.

All the remaining part of my Estate Real, personal and mixed, I give, devise and bequeath unto my son David Smeltzer, his heirs and assigns forever;  And lastly I do hereby nominate, constitute and appoint my son David Smeltzer and my friend John Roop (of Joseph) Executors of this my last Will and Testament, authorizing and empowering them my said Executors, or the surviving or acting one to convey by good and sufficient deeds of conveyance, all or any part of my real Estate, to the purchasers in as full and ample a manner as I could now do, revoking and annulling all former Wills by me heretofore made, Ratifying and confirming this and none other to be my last Will and testament.  In Testimony whereof, I have hereunto subscribed my name and affixed my seal this first day of October, in the year of our Lord 1827.

Signed, sealed, published and                                          Michael Smeltzer  (SEAL)
declared by the above named Testator
as and for his last Will and Testament
in the presence of us who at his request
and in his presence, have subscribed our
names as witnesses thereto.
William Durbin
John Wampler
Jacob Shriver
 

Washington County, Maryland

Abstracted from "Asters at Dusk" by Polly Pollock

In the name of God, Amen.  I valentine Smeltzer of Washington County, and Province of Maryland, Farmer being Sick and weak in Body but of sound mind memory and understanding do make and publish this my last Will and Testament in manor and form following (to Wit.)  first I recommend my Soul to the Almighty God who gave it to me in hopes of a glorious Resurrection at the last day and my Body to be deasently buried at the discretion of my Executors hereafter named and as for the Worldly estate it has been pleased God to bless me with I give and bequeath as follows viz first I will that all my Just debts and funeral charges be paid.

Item I give and bequeath to my oldest Son Adam Smeltzer Twenty shillings sterling and no more for his birthright.  Item I give and bequeath unto my well beloved Daughter Catherine Smeltzer one House and Lot in Jerusalem Town whereon I now live and twenty pounds Currency one cow and all the Household furniture to be Enjoyed by my loving Wife Carteraut Smeltzer and Daughter Catherine joyntly during my said Wifes Life and at her decease to become the whole and sole property of my said Daughter Catherine her Heirs and Assigns for ever.  Item I give and bequeath to my well beloved Wife Cauteraut the use of all the remaining part of Estate for and during her natural Life and after her decease to be divided amongst my Sons Adam Valentine's deceased his Children a Child's part when they come of age and Peter, Daughters Catherine and Odiliah to be divided amongst them at my said Wifes discretion in her last Will and Testament.   Lastly I do hereby appoint my loving Wife Cauteraut and Frederick Keger Sen.r whole and sole Executors of this my last Will and Testament making nul and void all other Will or Wills by me heretofore made.  In witness whereof I have hereunto set my hand and seal this 22n day of August 1777.

/S/  Valentine Smeltzer (SEAL)

Signed Sealed published and declared to be the last Will and Testament of Valentine Smeltzer the Testator in the presence of us who Subscribed our names at the Testators request and in his presence.

Thomas Brooke     Jacob Smith      Conrad Jacoby

Washington County.  Sat 18 October 1777.  Then came Frederick Keger and made Oath on the Holy Evangels of Almighty God that Instrument of Writing is the true and whole Will of Valentine Smeltzer late of said County.  deceased that have come to his hands or possession and that he does not know of any other   And on the same day came Jacob Smith and Conrad Jacoby two of the subscribing witnesses to the within last Will and Testament and separately made Oath on the Holy Evangel's of Almighty God.  that they did See the Testator herein 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 Sound and Disposing Mind Memory and Understanding and they respectively subscribed their Names to this Will in the presence and at the request of the Testator and in the presence of each other, and that they see Thomas Brooke the other Witness do the same.

Certified by
Sides)  Recorded 18th October 1777     Thomas Spriggs Reg.r