1829 - Heide to Thomas, et al- Clarke Co, VA

1829 - Heide to Thomas, et al- Clarke Co, VA

11/28/1829

3

Certified Copy of Will of George Heide
In the name of God Amen
I George Heid of the City of Baltimore in the State of Maryland, being of sound and disposing mind memory and understanding, do make and publish this as my last will and testament in manner following, that is to say.
I order and direct all my just debts and funeral expenses to be paid out of my estate as soon as circumstances will admit.
Item After the payment of my debts and funeral expenses, I give and devise to my beloved wife Rachel Heide the equal third part of my real estate, for and during the term of her natural life, to be laid off and fixed on that part of my real estate devised absolutely to my residuary devises, by three judicious men to be appointed by the Orphans Court of Baltimore County, or any other court of record in the State of Maryland: or the same may be made up in whole or in part of the annuities or yearly ground rents owned by me. I also give to my said wife Rachel Heide, her executors, administrators and assigus the one third part of my personal estate; which may remain after the payment of my debts and funeral expenses to be ascertained by the Orphans Court aforesaid. I also direct that my said wife may take the whole or any part of my household and kitchen furniture at the appraised value of the same, on account of her said one third part of my personal estate.
Item I give and devise to my friends Christian Newcomer and Henry Kumber and the survivor of them, and the heirs of such survivor, the annuity or yearly ground rent of eighty dollars arising from and the fee and reversion of and in all that lot or parcel of ground and premises situate the east side of South Street in the City of Baltimore aforesaid heretofore conveyed by Richard B. Morgander trustee to me, by indenture bearing date the twentieth day of February in the year eighteen hundred and twenty three, and recorded among the land records of Baltimore County Court in [?Liber?] W.G. No166 folio 725 and so forth in trust and specific confidence nevertheless that the said Christian Newcomer and Henry Kumber or the survivor of them, or the heirs of such survivor, do and shall so long as the denomination of Christians commonly called and known by the name of the United Brethren in Christ, furnish the congregation of Otterbein’s church in the said City of Baltimore, from time to time with suitable and experienced preachers of the Gospel, apply and appropriate the said annuity or yearly ground rent toward the payment of the salary of such preachers. But in case such preachers shall not be furnished, or if furnished and not received and accepted by said congregation – Item In trust that the said annuity shall be appropriated and applied by the said Christian Newcomer and Henry Kumber or the survivor of them, or the heirs of such survivor toward defraying the expense of preaching the Gospel among other congregations of Christians attached to the United Brethren in Christ aforesaid.
Item I give and bequeath unto my niece Araminta Everaldt during her widowhood but no longer the sum of one hundred and fifty dollars per annum to be paid to her from the time of my decease out of the rest and residue of my estate, in equal quarterly payments, and applied toward the support of herself and the support and education of her children.
Item I devise and bequeath to my friends Nicholas Popplein, James Campbell, and Philip Sitting and the survivors or survivor of them, and the heirs, executors, and administrators of such survivor, my plantation lands and premises situate and lying in the County of Frederick and State of Virginia, conveyed to me by James Wiggington, together with the stock, farming utensils, implements of husbandry, and other goods and chattels thereon belonging to me. In trust and special confidence nevertheless and to for and upon the uses, trusts and purposes hereinafter mentioned and expressed of and concerning the same; that is to say in trust that my son George Heide, for and during the term of his natural life shall be permitted and suffered to have, hold, use and occupy and enjoy the said premises and property and the rents, issues, income and profits thereof to receive, take and apply to his use and benefit, and from and immediately after the decrease of my said son George then in trust for and the said premises and property shall descend to and be equally divided between all and every the child or children the said George now hath and may hereafter have, whenever the youngest of a female attains the age of eighteen years or of a male to the age of twenty one years. To hold to them their heirs, executors, administrators and assigus forever as tenants in common share and share alike reserving however one third of the said plantation lands and premises including the dwelling house and appurtenances, and one third of the stock, farming utensils, and other personal property thereon for the benefit of the widow of the said George should he leave one, during the term of her natural life, but no longer. But in case my said son George shall depart this life without leaving any child or children or descendants of the same, then in trust the said Nicholas Popplein, James Campbell and Philip Sitting or the survivors of survivor of them, or the heirs, executors, or administrators of the survivor, shall immediately after the decease of the said George sell and dispose of the said plantation, lands and premises with the stock farming utensils and other personal estate thereon to the best advantage, and for the most money that can be had therefore, and upon receipt of the purchase money make execute and deliver in due form of law, one or more good and sufficient deed or deeds of conveyance therefore to the purchaser or purchasers thereof his her or their heirs and assigus, and from and immediately after such sale and conveyance or conveyances then in trust as to the monies or proceeds arising there from or thereby, that the same shall be disposed of in manner following, that is to say, one third thereof to the widow of the said George should he leave one and she shall be then living, and the remaining two thirds thereof, or in case the said George leaves no widow, or she shall then be dead, then the whole of said proceeds shall be equally divided among my three daughters Eliza Baynard, Caroline Ferguson and Mary Ann Norris and their respective representatives share and share alike.
Item. I give to all and each of my negro or mulatto slaves their freedom at the expiration of the respective periods following. My black boy named Thomas whom I purchased of Beale Owings, is to be free in July eighteen hundred and thirty three; Elizabeth, whom I purchased of William M Wallace is to be free in January eighteen hundred & fifty; and Mary, who I purchased of Major Wheeler is to be free in October eighteen hundred and forty. But if either of the said slaves shall absent themselves from the person or persons owning them before they are free, then in that case he or she so absenting themselves shall serve his or her owner double the time of such absence.
Item all the rest and residue and remainder of my estate, real personal & mixed of every kind and nature not hereinbefore disposed of I give and devise in manner following, that is to say 1st the dwelling house and warehouse and lots of ground and premises on Cheapsides in the City of Baltimore, the lot of ground and premises on the South Side of Baltimore Street between Pacd & Green Streets & extending to German Street, the lot of land or ground and premises now also situate in said city heretofore purchased by me of Samuel Chase trustee appointed by a decree of the Chancellor of Maryland, all my annuities or yearly ground rents with the fee and reversion of and in the grounds from which they arise, the lands I own on Fishing Creek in the State of Virginia all monies deposited by me in any of the banks, all monies due to one on notes of hand and other debts owing to me, together with my negroes, and all my stocks of every description (except the ten thousand dollars worth of stock here in after devised for the benefit of my grand daughter Caroline Cooch) with all the residue of my personal property, not herein otherwise disposed of shall be allotted to, and equally divided between my three daughters Eliza Baynard, Caroline Ferguson & Mary Anne Norris in manner and by the persons hereinafter mentioned and directed to hold to my said three daughters their heirs, executors, administrators, and assigus absolutely as tenants in common without limitation or restriction, in part & on account nevertheless of their shares of the whole residue of my estate.
2nd The sum of ten thousand dollars in bank stock of the kind & description to be fixed on and assigned by the persons appointed to divide the said rest and residue of my estate as hereafter directed, I devise and bequeath to my friends Nicholas Popplein, James Campbell, and Philip Sitting and the survivors or survivor of them, and the executors and administrators of the survivor, in trust and special confidence nevertheless that the dividends arising therefrom shall be applied to the use and benefit of or be received by my grand daughter Caroline Cooch, until she attains the age of twenty one years if she should so long live, without being subject to the control power or disposal of any husband she may have, or liable for the payment of his debts, contracts or engagements and upon her attaining the age of twenty one years, then in trust that the same stock shall be transferred to said Caroline Cooch, or her assigus, or in case the said Caroline shall depart this life before she attains that age leaving a child or children the said stock, shall descend to such child or children and be transferred to them accordingly in equal proportion. But in case of the decease of said Caroline under the age aforesaid, without leaving any child or children the said stock shall descend to and be equally divided between my said three daughters, or the survivor or survivors of them or the representatives of the survivor.
3rd Whatever may remain of the said rest and residue of my estate, I give and devise unto my said friends Nicholas Popplein, James Campell, and Philip Sitting & the survivor or survivors of them and the heirs, executors, and administrators of the survivor in trust and special confidence nevertheless that the same shall be divided and allotted by the persons and in the manner hereinafter mentioned & directed among and between my said three daughters Eliza Baynard, Caroline Ferguson, and Mary Ann Norris (taking into views however the portion of the residue of my estate that may be allotted to them absolutely as herein before directed, so as to make each one’s share equal in amount) and when the estate embraced in the section of my will is so divided, in trust that each one of my said three daughters may during her natural life, have, hold use occupy possess and enjoy her respective part or share and the rents, issues, profits, income, and interest thereof (after deducting the amount necessary to pay taxes and such repairs as may be required) to receive take & apply to her own separate use and benefit the coverture of any of my said daughters notwithstanding and so that neither of the parts or shares of my daughters nor the rents, issues, profits, income, or interest of the same shall at any time be subject to the control, power or disposal of their husbands respectively, or liable for the payment of their or either of their debts, contracts or engagements, and the receipts of my said daughters respectively alone whether covert or de-covert, shall be good and effectual acquittances & discharges for such rents, issues, profits, income and interest, and from and immediately after the decease of my said daughters respectively, then in trust that her part or share shall from thenceforth be held for the use & benefit of her children respectively, and the rents, issues, profits, income, and interest thereof divided among, paid to, or applied for the benefit of such children until the youngest one of them if a female attain the age of eighteen years, or if a male shall attain the age of twenty one years, when & not before the principal part or share shall be equally divided among the children if more than one their heirs, executors, administrators, and assigus as tenant, in common share and share alike, and in case either of my three daughters above named shall depart this life without leaving any child or children, or descendants of the same, then the part or share of her or them so dying, shall descend to and become the estate and property of the survivors or survivor of them, my said daughter and the heirs, executors, administrators and assigus of such, survivors or survivor, and in order that the divisions aforesaid of my estate may be fairly, equally and equitably made among my said three daughters and the allotment of stock intended for my said granddaughter, Caroline Cooch, be justly assigned. I do hereby order and direct that the same shall be done by five persons who shall be disinterested, and of respectable standing to be appointed by the Orphans Court of Baltimore County or any other court of record in the State of Maryland of which appointment my executors Zebulon Cooch and Alexander Fridge of living shall be two, and the award decision or allotment of any three of them shall when made be returned to and recorded among the records of the Orphans Court aforesaid or among the records of Baltimore County Court, and shall be final and conclusive on all and each of my residuary devises, and each of their legal representatives. Provided always, and it is to be understood, and I do hereby order and direct, that in making a division of that portion of the residue of my estate embraced in the preceding third section, there shall be allotted and assigned in conformity with the limitations and provisions of that section, in trust for my daughter Eliza Baynard, my house and lot situate on the southside of Baltimore Street between Sight and Charles Street, in the City of Baltimore aforesaid with the appurtenances, the valuation of which shall not exceed fourteen thousand dollars, and my two houses and lots of ground and premises, the one in the corner of Calvert and Bank Streets, the other on Bank Street in said City with their appurtenances, the valuation of which shall not exceed four thousand dollars to be determined and estimated by the persons appointed as aforesaid & in case it shall appear upon a fair division of the entire residue of my estate that my said daughter Eliza’s share or proportion thereof shall not be equal to that estimate or determination, she shall be bound to pay the difference between such estimate and what she is entitled to, unto my other residuary devises or such of them as may be appointed to receive it by the commissioners dividing my estate as aforesaid, to be paid in five equal annual payments after such allotment without interest, and the difference or money so to be paid shall be a lien on the said houses and lots & considered a security therefore. Provided also, and it is to be understood, and I do hereby order and direct that in making a division of that portion of the residue of my estate embraced in the said preceding third section, there shall be assigned and allotted in conformity with the limitations and provisions of that section, in trust for my daughter Caroline Ferguson the third house and lot of ground and premises owned by me from the northwest corner of Pratt and Light Streets, on the northside of Pratt Street in said city with all its appurtenances at the price or valuation of six thousand dollars & my house and lot of ground and premises, on the northside of Pratt Street next to the northwest corner of Pratt & Sight Streets; and the lower or southernmost house and lot fronting on Light Street, with the appurtenances and rights as now used, at the price or valuation of seven thousand five hundred dollars, and I do hereby expressly declare it as my will, and do therefore order and direct that if the sum of one thousand four hundred and eighty two dollars heretofore loaned to Thomas Ferguson (the husband of my said daughter Caroline) by my daughter Eliza Baynard shall not be paid to the latter before or at the time of settling my estate then that amount without interest shall be deducted from the portion of my estate above devised in trust for my said daughter Caroline, and paid to my said daughter Eliza or representatives. Provided also, and it is to be understood, and I do hereby further order and direct that in making the division of that portion of the residue of my estate embraced in the said preceding third section, there shall be allotted and assigned in conformity with the limitations and provisions of that section, in trust for my daughter Mary Ann Norris, my house and lot of ground and premises at the northwest corner of Pratt and Sight Streets, and the upper or northernmost house and lot fronting Light Street with the appurtenances and rights as now used at the price or valuation of seven thousand five hundred dollars, and my house and lot of ground and premises on Hanover Street in said city (purchased by me from Peter Fowble) at the price or sum of five thousand five hundred dollars and if the shares of my two daughters Caroline & Mary Ann or either of them to whom the said houses and lots on Pratt and Sight Streets and Hanover Street are to be allotted as aforesaid, shall exceed the share or shares of my other daughter or daughters such excess shall be paid to whosoever may be entitled to receive the same in five equal annual payments without any interest thereon such excess to be a lien on said houses and lots respectively, in the same manner as above stated in relation to my houses and lots on Baltimore, and Calvary & Bank Streets. And provided also and I do further order and direct, that in making the said division there shall be brought into view and charged to my three daughters all and every sum or sums of money or other property, they or either of them, or their respective husbands, stand charged without my books or may be answerable to me for my notes or otherwise, it being my intention that each daughter shall be charged with whatever there may appear to be charged against her or their respective husbands so that each daughter’s part of the residue of my estate may be made equal, and that also that in making up the amount of stock devised to my granddaughter Caroline Cooch, any thing or amount of money that I have charged on my books against my late daughter Ann Cooch shall be brought into view and charged to and deducted from my said grand daughter’s part or portion. And provided likewise, I do hereby order & direct that in as much as it is not ascertained of what quality my lands are which I own on Fishing Creek in the State of Virginia, the said lands shall not be rated to any of my devises higher than fifty cents per acre.
Item. I also order and direct that if it is deemed necessary that any part of the residue of my estate should be sold for the purpose of effecting a division thereof as aforesaid, then and in such case a sale thereof shall be made by the said commissioners so appointed as before mentioned to divide the same, or a majority of them, who shall have, and I do hereby vest in them full power to execute deeds for the same to the purchaser or purchasers, and also in case any of the commissioners shall die or refuse to act, before the trust reposed in them is completed, the vacancy shall be filled up by the court appointing them.
Lastly, I do hereby nominate, constitute and appoint my beloved wife Rachel Heide Executrix, and my friends Zebulon Cooch and Alexander Fridge Executors of this my last will and testament, and in case of the death, refusal to act or other disqualifications of either of them, the other two or one of them shall have and exercise all the authority herein delegated to the whole three hereby revoking all former wills by me made.
In testimony whereof I have hereunto subscribed my name and affixed my seal this fourteenth day of March in the year of our Lord eighteen hundred and twenty nine.
George Heide (seal)
Signed, sealed, published, and declared by George Heide, the testator, to be his last will and testament in the presence of us who in his presence, at his request, and in presence of each other have hereto subscribed our names as witnesses.
James Keyser
Nicholas Huppman
George Popplein

Baltimore County SS
On the 28th day of November 1829 came Nicholas Huppman and George Popplein two of the subscribing witnesses to the foregoing last will and testament of George Heide late of said county- deceased & solemnly declared and affirmed that they did see the testator 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 that they together with James Keyser, the other subscribing witness thereto subscribed their names as witnesses to this will in his presence at his request and in the presence of each other.
Affirmed to in open court
Teste D.M. Perine Register of Wills for Baltimore County

WB F:174

Last Will & Testament