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DAILEY, Ann Rebecca
 
In the name of God, Amen. I Ann Rebecca Dailey of Garrett County in the State of Maryland being in feeble health but 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 and to be thereby the better prepared to leave this world when it shall please Almighty God to call me hence, do therefore make and publish this my last will and Testament in manner and from[sic] the following that is to say:
 First and principally I commit my soul unto the hands of the Almighty God, and my body to the earth to be decently buried at the discretion of my executor hereinafter named, and after my debts, if I have any and funeral charges are paid, I give devise and bequeath as follows,
Item = I give devise and bequeath to my beloved husband John Dailey, should he survive me, all of [my] property of every kind, character and description real personal and mixed wheresoever located or situated during his natural life, to have, use and enjoy the same as his own property, for and during the aforesaid time, And all of my said property of every kind, character, and description , real personal and mixed wheresoever located or situated remaining at the death of my said husband John Dailey, I give devise and bequeath to my three children, Charles James, Dailey, Mary wife of Gen George Crook, and Fanny wife of John M. Read, to be equally divided between my said three children share and share alike. The share of my said property hereby given and bequeathed to my said daughter, Fanny, wife of John M. Read, I give and bequeath to her in her own right, to her sole and separate use and not to be in any manner subject to the control of her said husband. But in case my said husband John Dailey shall not survive me, then I give, devise, and bequeath the whole of my said property of every kind, character and description real and personal and mixed wheresoever located or situated to my said three children Charles James Dailey, Mary wife of Gen. George Croook and Fanny wife of John M. Read to be divided equally between them share and share alike, and the share of my said property hereby given to my said daughter Fanny wife of John M. Read, I give and bequeath to her for and to her sole and separate use, and not any manner to be subject to the control of her said husband.
 Lastly, I do hereby constitute and appoint my beloved husband John Dailey the sole executor of this my last will and testament, hereby revoking and annulling all former wills hertofore by me made, ratifying and comprising this and none other to be my last will and testament.
  In testimony whereof I hereby set my hand and seal this first day of May in the year of Our Lord one thousand eight hundred and seventy seven.
 
    Ann R. Dailey  (seal)
 
Signed, sealed, published and declared by the above named Ann Rebecca Dailey as and for her last will and testament in our presence who at her request, in her presence and in the presence of each other have hereto sett[sic] our hands as witnesses hereto
    W H. Tower
    W. P. Townshend
    J. W. Veitch
 
Sworn 22nd day of February 1881 by John Dailey
Test: W H Hagans
Proven 22nd February 1881 by W H Tower, W. P. Townshend and J. W. Veitch
Test: W H Hagans
 
~Genie
Posted August 16, 2013



 
DAILEY, John
 
 In the name of God, amen. I, John Dailey of Garrett County in the State of Maryland being in good 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 and be thereby the better prepared to leave this world when it shall please Almighty God to call me hence, do therefor make and publish this my last Will and Testament, in manner and form following, that is to say:
 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 hereinafter named and after my debts, if I have any, and funeral charges are paid, I devise and bequath as follows:
Item:  I give, devise and brqueath unto my beloved wife Ann Rebecca Dailey, should she survive me all mly property of every kind and character whatsoever, real, personal and mixed, wheresoever situated during her natural life, to have, use and enjoy the same as her won property, and all my said property of every kind, character and description, real, personal and mixed, wheresoever situated, remaining after the death of my said wife Ann Rebcca, I give, devise and bequeath to my three children Charles James Dailey, Mary, wife of General George Crook, and Fanny, wife of John M. Read to be equally divided between my said three children share and share alike. But in case my said wife, Ann Rebecca shall not survive me, then I give devise and bequeath the whole of my property of every kind and character whatsoever real, personal and mixed, wheresoever situated, to my three said children Charles James Dailey, Mary, wife of General George Crook and Fanny, wife of John M. Read to be divided equally between them share and share alike.
 Lastly, I do hereby Constitute and appoint my said wife Ann Rebecca Dailey & my son-in-law Jno M. Read to be the sole executors of this my last will and Testament, hereby 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 hereto set my hand and seal this first day of May in the year of our Lord one thousand Eight hundred and seventy seven.
                                                                                                                   John Dailey  (seal)
 
Signed, sealed, published and declared by the above named John Dailey 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 hereto set our hands as witnesses hereto.
    W. H. Tower
    W. P. Townshend
    J. W. Veitch
 
Sworn 22d of September A.D. 1881 by Mary D. Crook
Proven 22d of September A.D. 1881 by W. H. Tower and W. P. Townshend & 7 October 1881 by J. W. Veitch
Test: W. H. Hagans, Register
 
~Genie
Posted August 16, 2013


 


DAVIS, Joseph B.
 
  In the name of God Amen,
I Joseph B. Davis of Garrett County, State of Maryland, being of sound mind and memory, do make this my last will and testament, hereby revoking all other Wills and testaments heretofore made by me,
1st my personal property to be disposed of, all debts and funeral expenses paid, the household property and furniture to remain at the disposal of my dear wife Sarah Davis, my half of the real estate to remain for the support of my wife while living unless otherwise arranged by mutual consent of a majority of the parties interested -
After all my debts and funeral expenses are paid I give and bequeath to my Daughter Ann Harned or her heir Joseph E. Harned, One dollar,
To my Daughter Sarah I. Scott, One dollar,
To my Son John M. Davis, 1000 one thousand dollars &
To my Son Samuel Wesley Davis 700 Seven hundred dollars, this distribution to be made from the first proceeds of sales after cancelling[sic] all remaining debts & equalize the last with the first named heirs, according to what they have received heretofore.
After paying all expenses, debts &c. including care and attendance the remainder of my estate (if any) real and personal shall be equally divided among my four legal heirs viz. Ann Harned, or her heir, Joseph E. Harned, Sarah I. Scott (if living) John M. Davis, and Samuel Wesley Davis.
Finally I nominate and appoint my Son John M. Davis to be the Executor of this my last Will and testament,
In testimony whereof I hereunto set my hand and seal on this eighteenth day of April in the year of our Lord one thousand eight hundred and eighty seven. to this my last Will and testament, hereby revoking all other Wills by me heretofore made.
   Signed, sealed, published & declared by the above named testator Joseph B. Davis as and for his last Will and testament in the presence of us who at his own request and in his presence & in the presence of each other have hereunto subscribed our names as witnmesses thereto.
                                                                                                                        (signed) Joseph B. Davis  (seal)
Chas. S. Davis
Wm Casteel
S. L. Townshend
Arthur Townshend
 
Sworn to the 23rd day of September 1890 by John M. Davis
Proven the 23rd day of September 1890 by Charles S. Davis, S. L. Townshend & Arthur Townshend.
Test: J. W. White, Register
 
~Genie
Posted December 7, 2013



DEAKINS, Maria Louisa
 
 In the name of God Amen:
I, Maria Louisa Deakins of Garrett County, State of Maryland, of sound and disposing mind, but of feeble health, being aware of the uncertainty of life and desirous of closing up all my worldly affairs, so that i may be the better prepared to leave this world, when it shall please the Lord to call me hence, do make this my last Will and testament.
In the first place I desire that my funeral expenses and all just debts due at the time of my death may be paid without unnecessary delay, or the sacrifice of my property.
Secondly, I give and bequeath to my beloved husband William F. Deakins and my daughters Jane Ora Bayard, Olivia M. Deakins, Oberlin Deakins and Florence Deakins all of my property of every description, real, personal and mixed, to have and to hold unto them and their heirs share and share alike; and it is my desire that they shall reside at my present place of residence Fort Pendleton, State of Maryland, as long as they can make it comfortable and profitable; but if at any time, before my youngest child shall become of age, they may have an opportunity of selling the place advantageously, and they desire to do so, I authorize my Executor, hereinafter named, to sell and convey the same, and to distribute the proceeds of sale in the following manner to wit:
After paying to James A. Bayard first the sum of Six hundred dollars (he being the husband of my daughter Jane Ora) then to pay to my husband, and my four daughters hereinbefore named, share and share alike. The remainder: and if any of my daughters should not be of age, at the time of sale, I desire that my Executor shall invest their interest for them until they do become of age.
And whereas my daughter Ozella has conducted herself so contrary to my desire and advice, as to constrain me to leave her out, in the distribution of my estate, I yet pray and hope that she may so see the error of her way, and give such evidence of it, as to induce her Father and Sisters to make some suitable provision for her.
And lastly, I do hereby appoint Daniel E. Offutt, of Oakland, State of Maryland, my lawful Executor of this my last Will and testament, hereby revoking and annulling any, and all Wills, heretofore made by me.
 In testimony whereof I have hereunto set my hand and seal this 12th day of October, in the year 1889
 
      Maria Louisa Deakins. (seal)
 
Signed, sealed and acknowledged by her, the said Maria Louisa Deakins, as her last Will and testament, in our presence, who at her request and in her presence and in the presence of each of us we have hereunto set our hands and seals as witnesses thereto, this 12th day of October 1889.
 
    H. W. McComas (seal)
     Oakland, Md.
    Ellen Carter  (seal)
     Philada Penna
    John H. Cassin  (seal)
     Washington D.C.
 
 State of Maryland,
  Garrett County, to wit:
on this 8th day of March, 1892, came D. E. Offutt, the Executor named in the aforegoing last Will and testament of Maria L. Deakings, deceased, and made oath in due form of law, that he does not know of any Will or Codicil of Maria L. Deakins, late of Garrett County, deceased, other than the above instrument of writing, and that he received the same from W. F. Deakins on or about the 12th day of February 1892.  Sworn to in open Court
     Test: J. W. White, Register
 
 State of Maryland
  Garrett County to wit:
On this 15th day of March 1892, came John H. Cassin and H. W. McComas, two of the subscribing witnesses to the aforegoing last Will and testament of Maria Louisa Deakins, late of Garrett County, deceased, and made oath in due form of law, that they did see the testatrix sign and seal this Will; that they heard her publish, pronounce and declare the same to be her last Will and testament; that at the time of her so doing she was, to the best of their apprehension, of sound and disposing mind, memory and understanding; and that they together with Ellen Carter subscribed their names as witness to this will.....etc. etc.
 
     Test: J. W. White, Register
 
~Genie
Posted February 28, 2013




DEETZ, Christian
 
In the name of God Amen. I, Christian Deetz of Allegany County and State of Maryland, being sick of body but of a sound, disposing mind and memory, thanks be to God for his mercies, and calling to mind the mortality of man, do make and constitute this my last will and testament in manner and form following, to wit:
First of all I recommend my soul into the hands of Almighty God who gave it and my body to the earth to be buried in a Christian like manner, and my worldly estate I dispose of in the manner and form, to wit,
 First, it is my will that all my just debts and funeral charges be paid out of my estate. ~~
 Secondly, I give and bequeath unto my beloved wife Catherine the whole of my estate both real, personal or mixed during her widowhood, but if in case she should marry again then she is to have only the third part of my estate that then will be left and the residue both real, personal or mixed I give and bequeath unto my five lawful children that is to say, my sons George, Samuel, William, John & Michael Deetz to equally [be] divided among them.
 And I do hereby constitute and appoint my beloved wife Catherine sole Executrix of this my last will and testament which alone I do ratify and confirm, revoking and Disannulling all former wills and bequests by me heretofore made. ~
 In witness whereof I have hereunto set my hand and affixed my seal this fourth day of June in the year of our Lord Eighteen hundred & eight.
 
 Signed, sealed, published & declared
by the testator to be his last will & testament
in the presence of us who at his request, in his
presence & in the presence of each other
have subscribed our names as witnesses
thereto. George Hoffman                      }
 John Stonecypher                                 }  Christian (his X mark) Deetz (seal)
 Peter Bourweit                                      }
 unreadable name [scribbled]  (German) }
 
Allegany County 6, July 1808
 Then came Catherine Deetz and made oath &c. that the within instrument of writing is the true and whole will of Christian Deetz, late of Allegany said County, and that hath come to her hands or possession, and that she doth not know of any other. ~ Sworn before
     G. Bruce, Register
 
Allegany County 6 July 1808
 Then came George Hoffman, John Stonecipher & Peter Bornweit, the three subscribing witnesses to the above will and made oath &c. 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 apprehention[sic] of sound, disposing mind, memory and understanding; and that they respectively subscribed their names to this will in the presence and at the request of the testator & in presence of each other.
  Sworn before
    G. Bruce, Register

~Genie
Posted March 16, 2013



DEETZ, Samuel
 
In the name of God, Amen, I Samuel Deetz of Allegany County and State of Maryland, being in a low state of health, but of sound, disposing mind and memory, calling to mind the certainty of death and the uncertainty of the time thereof, do make this my last will and testament.
  First and principally, I recommend my soul to my Creator hoping for a happy resurrection through the merits and sufferings of a blessed Redeemer, and my body to the earth to be decently buried, and as to my worldly goods or property I give and bequeath the same be it real, personal or mixed, (after my just debts and funeral charges are paid) to my dear and affectionate mother Catherine Frithy for her own use and benefit, during her natural life, and after her death to be equally divided between my three brothers or their heirs, share and share alike.
  In testimony whereof I have hereunto subscribed my name and affixed my seal this twenty second day of November in the year of our Lord Eighteen hundred and twenty. ~ ~
 
Signed, sealed, published and declared                }
by the Testator as and for his last will                  } Samuel Deetz  (seal)
and testament in our presence who at                 }
his request have signed our names thereto as       }
witnesses thereto.                                             }
 Peter Baumward                                                          }
 Martin Rizer of Matthias                                            }
 Thos. Pollard                                                               }
 
  Allegany County Sct. the 9th day of January 1821.
 Then came Catherine Frithy and made oath on the Holy Evengels of Almighty God that the within instrument of writing is the true and whole will and testament of Samuel Deetz, late of Allegany County, Decd., that hath come to her hands or possession, and that she doth not know of any other.
   Sworn before, Charles Heck, Register
 
Allegany County Sct. the 9th day of January 1821.
 Then came Peter Baumward & Martin Rizer of Matthias two of the subscribing witnesses to the within last will and testament of Samuel Deetz, late of Allegany County, deceased, and severally made oath on the Holy Evangels of Almighty God that they did see the testator therein named sign and seal this will and 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 respectively with Thomas Pollard subscribed their names as witnesses to this will in the presence and at the request of the testator and in the presence of each other.
   Sworn before Charles Heck, Register
 
~Genie
Posted March 23, 2013



DEVECMON, Thomas J.
 
I Thomas J. Devecmon of Allegany County and State of Maryland being of sound mind and memory make this my last will and testament In the following manner to wit I wish and direct all my just debts to be paid
Secondly I give and bequeath unto my beloved Sister Nancy McCarty and her heirs lot 938 with all the improvements thereon and her choice of two of my cows.
Lastly I Give and bequeath unto my truly beloved Brother George W. Devecmon all the  remainder of my estate both real and personal in the County of Allegany State of Maryland, and wherever else it may be found that I have other affects[sic] and property and do by these presents nominate and appoint my said beloved Brother George W. Deveckmon[sic] my sole and only Executor to this my last will and testament given under my hand & seal this twenty third day of April 1827.}
Test John D Armestead                            }        Thomas J Devecmon (seal)
William Armstrong James D Armstrong    }
 
Sworn the 14th day of August 1827 by George W. Devecmon
Proven the 14th day of August 1827 by William Armstrong and James D. Armstrong
Sworn before Charles Heck Register
 
~Genie
Posted October 12, 2013



DONOHOE, Thomas

CHURCH RECEIVES $1,000 GIFT IN DONOHOE WILL

Elkins, W. Va June 6—The entire estate of Thomas Donohoe, aged 70, who died last week, has been left to his widow and daughter, with two other bequests, according to his will filed and probated at the Randolph county courthouse. The St Brendan's Roman Catholic Church has been presented with a gift of $1,000 while a nephew, Edward Reynolds, is to receive $2,500. Mrs. Mary Donohoe has been named executrix, and she receives one half of all personal property and one third Interest in all real estate and holdings. His daughter, Miss Mary Frances Donohoe is to receive the other half of all personal property and the remaining two-thirds interest in real estate and holdings. Mr. Donohoe had just returned from Florida where he spent the winter, when he succumbed to an attack of acute indigestion. Mr. Donahoe was born in Newburg, W. Va, January 10, 1854, and spent his early life in railroading. He was a passenger conductor, on the Baltimore & Ohio between Grafton and Wheeling, for ten years, following which he was yardmaster in Wheeling for three years, moving from Wheeling to Davis in 1885. He resided in Davis where he was prominently identified with the business life of the city for 16 years until he moved to Elkins in 1902. He was made a director of the Davis National Bank at Davis in 1900 and was president of that institution from 1917 until the time of his death. His business interests in Elkins were extensive having been for 15 years a director in the Baldwin Supply company and a director in the Elkins Provision Storage Company and the Davis Trust Company for a number of years. He retired from active business about 14 years ago. His fraternal
affiliations included membership in Council COS, Knights of Columbus and Elkins Lodge No, 1135, B. P. O. E. In 1881 he was married to Miss Sarah Reynolds of Grafton, who died in October 22, 1911. On October 16, 1913 he was married to Mrs. Mary E. Durkin, who with a daughter, Mary Frances, age nine years, survives him. Surviving him also are two sisters: Mrs. Ellen Welch, of Pittsburgh and Mrs. Susan Malloy of Westernport, Md. Rev. Father Thomas J. Lennan, Catholic Army Chaplain at Fort Benning, Ga., is a nephew and Miss Mary Lennan of Elkins, a niece.
Cumberland Evening Times; Cumberland, Allegany Co, Md - June 6, 1924 - pg 3, col 3
(Courtesy of Pat Dailey)
Posted September 4, 2010



DORR, Yost

    In the name of God, Amen. I Yost Dorr of Garrett County in the State of Maryland being [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 and thereby be the better prepared to leave this World when it shall please God to call to call me hence do therefore make and publish this my last Will and Testament in Manner and form following that is to say,
    First and principally I commit my Soul into the hands of Almighty God and my Body to the Mother Earth to be decently buried at the discretion of my beloved Wife.
Whereas it has pleased God to allow me with the Assistance of my Wife to accumulate some of this Worlds Goods and having Children some of witch[sic] are yet to[sic] young to manage Property of there[sic] and needing the care and attendence[sic] of there[sic] Mother I decree [??] it my duty as it is my heartfelt Pleasure to provide for my said Wife.
    Therefore after my unpretending funeral charges and my just debts are paid I give devise bequeath to my said Wife Catharine Dorr all my Property real and personal as well as all my money Bonds, Notes, Accounts and all Evidence of Debts whatsoever that I may own and posess[sic] at the Time of my Death for her to hold in her possession as long as She lives and after her death the Property witch[sic] may be left is to be divided between my children but if my said Wife Catharine Dorr should marry again all my Estate is to be settled and dvided[sic] between Mother and Children as the Laws of the State of Maryland directs.
    And lastly I do hereby constitute and appoint my said Wife Catharine Dorr to be sole Executrix of this my last Will and Testament.]
    In Testimony whereof, I have hereto set my hand and affixed my seal this twenty forthfourth day of May Eighteen hundred and seventy Eight 1878

                                                                                                                                               Yost Dorr  (seal)

Signed Sealed published and declared
by Yost Dorr 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   
                    August Bonig

                    Johannes Yomer

Proven 8th October 1878 by August Bonig and John Yomer
Sworn to in open Court ~ Test: Wm L. Rawlings, Register
            of Wills for Garrett County Md
Proven 8th October 1878 by Catharine Dorr
Sworn to in open Court ~ Test: Wm L. Rawlings, Register
            of Wills for Garrett County Md

Note: The clerk who copied the original into the Book of Wills, did so verbatim, underscoring errors in the original.
~Genie
Posted August 10, 2013





DREES, George H.
 
I George H. Drees of the village of Finzel County of Allegany State of Maryland being of sound mind and memory do make publish and declare this to be my last will and testament to wit. First. all my Just Debts and Funeral Expenses[sic] shall be paid
Second I give all my real Estate and personal property to my bloved[sic] wife Dessa D. Drees to have to hold to her my said wife and to her heirs and assigns forever. Third. I nominate and appoint my said wife Dessa D. Drees to be the Executor of this my last will and testament hereby revoking all former wills by me made in witness whereof I have set my hand and seal this 26th day of May 1928.
Geo. H. Drees
   (Seal)
Will filed & proven 20 June 1928
Admitted to Probate 22 June 1928
Recorded Liber O, Folio 361
 
~Genie
Posted March 30, 2013




 
DREES, Jasper F.
 
Last will and testament of Jasper F. Dress[sic] & Jasper F. Dress[sic] of (Finzel) Allegany Co. Md. Farmer. Realizing the uncertainty of life and being of feeble health but of sound mind and judgement to make and declare this to to[sic] be my last will and Testament in manner and form following to Wit-=
First; I sell to my Eldest Son John Drees my Farm situated in Allegany Co Maryland with all the tenements and Improvements thereto belonging to have and to hold unto my said Son his heirs and assigns forever for the Sum of $3,000.00.
Second; I give to and bequeath unto my beloved Wife Anna absolutily[sic] all the Furniture Including China, Parlor Suite, Bed room Furniture, Wearing apparel etc- together with $1,000.00 the same the same[sic] to be in lieu of her dower, at common law.
Third; I give to my Daughter Minnie the Sum of $76.42
Fourth; I give to my Son William the Sum of $176.42.
Fifth; I give to my Son Albert the Sum of $241.42.
Sixth; I give to my Son Henry the Sum of $376.42
Seventh; I give to my Son Anthony the Sum $376.42
Eighth; I give to my Daughter Mary the Sum of $371.42
Ninth; I Direct that my Debts and Funeral expenses be paid out of the money
 
In witness where of I have hereunto set my hand and Seal this 18th Day of November one Thousand Nine Hundred and Eighteen.
 
 (seal) { Jasper F Drees (his X mark)
          {
 
Signed Sealed Published Declared and Acknowleged[sic] by the above named Testator to be his last will and Testament in our presence and we each at his request and in his presence and in the presence of each other Subscribe our names as Witnessess.
 
  { Henry E. Burkhart
  { Howard Layton
  { William Finzel
 
Will filed & proven 28 February 1919
Admitted to Probate 4 Marcy 1919
Recorded Liber M, Folio 34 &c.
 
~Genie

Posted March 30, 2013


DUDLEY, John
 
     Eckhart Mines, Md., Dec. 4, 1913
The Last Will and Testament of John Dudley Sr.
In the name of God, Amen.
I John Dudley Sr, now residing at Eckhart Mines, Allegany Co. State of Maryland, do declare this to be my last Will and Testament. That after the payment of my debts if any, and funeral expenses, All of my property and estate of whatever sort and decription[sic] and wheresoever situated, shall be divided equally between my children or their heirs as follows
Frederick Dudley, John Dudley Jr, Mrs. Mollie Bannatyne, Miss Annie Dudley, Mrs. John Lafferty, Mrs. Roy Stewart and Samuel Dudley.  In case of the death of any of the above named children, Their share shall go to their children If an of my above named children have no children their share shall be divided equally between any remaining children. And I appoint my son John Dudley Jr. to be the Executor of this my last Will and Testament
 Witness my hand and seal this 4 day of December 1913
      John Dudley Sr. (seal)
 
The aforegoing was signed and sealed by       }
the said John Dudley Sr in our presence and  } John D. Myers
we in his presence at his request and in        } Albert L. Shanholtz
the presence of each other sign hereto as      }
witnesses                                                              }
 
First and Final Accout of John Dudley, Jr. Executor of John Dudley, Sr., deceased
Filed and sworn to by the said Executor this 3rd day of January 1919.
   Test. Hervey W. Shuck
    Register of Wills.
Passed, ratified and confirmed per Order of Court passed this 3rd day of January 1919.
   Test. Hervey W. Shuck
    Register of Wills.
Recorded Liber R, Folio 19 &c.
 
~Genie
Posted March 30, 2013



DURBIN, Comfort
 
In the name of God Amen, I, Comfort Durbin of Allegany County in the State of Maryland, being sick and weak in body but 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 and thereby be the better prepared to leave this world when it shall please God to call me hence, do therefore make and publish this my last will and testament in manner and form following, that is to say,
First and principally, I commit my sould into the hands of Almighty God and my body to the earth to be decently buried at the discretion of my Executor hereinafter named and after my debts and funeral charges are paid I devise and bequeath as follows:
 I give and bequeath unto my daughter Honour Mattingly, wife of Henry Mattingly Senr., one Cow of a black and white color. ~
 I give and bequeath unto my daughter Mary McKinsey, wife of Aaron McKinsey, Senr., all the residue of my property, furniture, Beds & Bedding.
 And lastly, I do hereby constitute and appoint and constitute Aaron McKinsey Sr. to be sole Executor of this my last will and testament. ~
 In testimony whereof I have hereunto set my hand and affixed my seal this twenty ninth day of July in the year of our Lord one thousand Eight hundred and Seventeen. ~
Signed, sealed, published and declared by          }
Comfort Durbin the above named testatrix,         } Comfort (her X mark) Durbin (seal)
as and for her last will and testament, in            }
the presence of us, who at her request, in her     }
presence and in the presence of each other         }
have subscribed our names as witnesses thereto }
   A. Bruce   ~    F. Bruce
 Elijah Durbin
 
Sworn to & Proven 29th June 1822
Test: Charles Heck, Register
 
~Genie
Posted JUne 7, 2013




DURBIN, Samuel
 
The last will and testament of Samuel Durbin of Allegany County, State of Maryland. ~
 Imprimis, I bequeath my body to the ground from whence it sprung to be enterred[sic] in a plain and decent manner in hopes of its resurrection through the merits of my redeemer Jesus Christ. ~
 2nd I give unto my son Isaac Durbin one two year old Heifer which has always been called by him as his own property.
 Lastly I give and bequeath unto my wife Comfort Durbin the residue of my Estate whatever the same may be after paying any debts I may owe & paying my funeral charges, and I do hereby constitute and appoint my said wife Executrix of this my will.
 As witness my hand and seal this 6~ Day of March 1807.
 
Signed, sealed and pronounced in the presence     }
of us as the last will of Samuel Durbin                  }
& subscribed as witnesses thereto in his as well    }  Samuel (his X mark) Durbin (seal)
as in the presence of each other the 6~ Day of      }
March 1807 by us                                                         }
  Jonathan Arnold                                                           }
  Archibald Arnold                                                          }
 
Allegany County 10~ February 1808
 Then came Johnathan[sic] Arnold and Archibald Arnold and made oath &c. 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 and that at the time of his so doing he was to the best of their apprehension of sound disposing mind, memory and understanding, and that they respectively subscribed their names as witnesses to this will in the presence and at the request of the testator and in the presence of each other.
  Sworn before
    G. Bruce, Register
 
~Genie
Posted March 16, 2013



DURST, John S.
 
 In the name of God, Amen:
I John S. Durst, of Garrett County, Maryland, being of infirm bodily health, but of sound and disposing mind, memory and understanding, knowing the uncertainty of life, and being dersired[sic] to have my worldly affairs in order when it may please God to call me hence, do make and declare this my last Will and testament being in form and effect as follows, that is to say:
First, I desire that my body be decently and properly interred according to my circumstances and position in life, and that all my just debts and funeral expenses be paid as soon as my Executor hereinafter appointed shall find it convenient to do so.
Item I give and devise unto my beloved Wife Sarah Durst, all my Farm upon which I  now reside together with all and singular everything thereunto belonging or in any wise appertaining so long as she may live, that is to say, for the full period of her natural life, with all the right, title and interest which I now have in the same, to cultivate the land, to cut such timber as she may wish, and such quantities as she may desire, collect all moneys arising from the produce of the said farm and pay all debts for the use of the said land, or the benefit thereof, in short to own, hold and possess the said land as entirely her own, during full period of her natural life as aforesaid.
And I direct that after her, the said Sarah Durst's decease, the said hereby devised Farm and land shall be equally divided, that is to say share and share alike amongst the Children of the said Sarah Durst, my Wife as aforesaid, and myself.
I also give and bequeath to my beloved Wife, Sarah Durst, aforesaid, all my personal property, of any and every kind whatsoever, and every item thereof, including all farm Tools, Horses, Cattle and all other stock, to and for the sole use of my said Wife forever.
I also hereby appoint my Brother, Samuel S. Durst, to be the sole Executor of this my last Will and testament, revoking all former Wills by me made, declaring this only to be my last Will and testament.
In testimony whereof I hereunto set my hand and seal this twenty first day of January in the year of our Lord one thousand eight hundred and seventy six.
     John S. Durst, (seal)
 
signed, sealed and published in the presence of us by the testator, as his last Will and testament, in the presence of us who have subscribed our names hereto as witnesses in the presence of each other, the words "Sarah Durst" on first page interlined before signing.
 
Francis McKinzie
Joseph (his X mark) Spiker
John F. Patterson
Christian J. Otts
 
  State of Maryland,
   Garrett County to wit:
On this 4th day of October 1889, came Samuel S. Durst, the Executor by said Will appointed, and made oath in due form of law, that he does not know of any Will or Codicil of John S. Durst, late of Garrett County, deceased, other than the above instrument of writing, and that he received the same from Mrs. Sarah Durst on or about the 23rd day of August 1889
 
  Test: J. W. White, Register.
 
  State of Maryland
   Garrett County to wit:
On this 4th day of October 1889, came Christian J. Otts and Joseph Spiker, two of the subscribing witnesses to the aforegoing last Will and Testament of John S. Durst, late of Garrett County, deceased, and made oath in due form of law, 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 apprehension of sound and disposing mind, memory and understanding; and they together with Francis McKinzie and John F. Patterson subscribed their names as witnesses to this Will in his presence at his request, and in the presence of each other.
   Test: J. W. White. Register
 
  State of Maryland, Garrett County, to wit:
on this 16th day of May 1890, came Francis McKenzie, one of the subscribing witness to the aforegoing last Will and Testament of John S. Durst, late of Garrett County, deceased, and made oath in due form of law, that he did see the Testator sign and seal this will;.........etc. etc.
 
~Genie
Posted February 23, 2013



DURST, Michael S.
 
   In the name of God, Amen,
 I Michael S. Durst of Garrett County in the State of Maryland, being Sick and weak in body, but 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, and thereby be the better prepared to leave this world when it Shall please God to call me hence, 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 at the descretion[sic] of my bleved[sic] wife. Whereas it has pleased the Almighty to allow me the assistance of my good wife to accumulate Some of this worlds goods, and deeming it my duty as it is my heartfelt pleasure to provide amply for my Said wife during her natural life,
 Therefore after my unpretending funeral charges and my just debts are paid I give and devise and bequeath to my Said wife Barbara Ellen Durst absolutely during her natural Life, or so long as she remains my Widow, all my property Real and personal, as well as all my money, Bonds, Notes, accounts, and all evidences of Debts whatsoever, that I may own and possess at the time of my death and after the death of my Said Wife Barbara Ellen Durst, or in Case She Should marry again, all the aforementioned property both real and personal to be devided[sic] Share and Share alike, between my Seven children or their lawful heirs, namely, Winfield S. Durst, John A. Durst, Nancy Louisa Garlitz intermarried with George L. Garlitz, George W. Durst, Norman B. Durst, Michael W. Durst, Emma L. Durst, And lastly I do hereby Constitute and appoint my Said Wife Barbara Ellen Durst to be Sole Executrix of this my last Will and Testament.
  In testimony whereof I have hereunto Set my hand and affixed my Seal this (9th) ninth day of January in the year Eighteen hundred and Eighty five (1885).
 
    Michael S. Durst  (seal)
 
Signed, Sealed, published and declared
by Michael S. Durst, 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 pre-
sence of each other, have Subscribed our
names as Witnesses thereto.
 
Benjamin (his X mark) Wilhelm
Benjamin N Pope
Norman Durst
 
State of Maryland, Garrett county, to wit:
 On this 11th day of March A.D. 1885 came Banjamin Wilhelm, Benjamin Pope and Norman Durst the subscribing Witnesses to the afoegoing[sic] last Will and Testament of Michael S. Durst late of Garrett Couty deceased and made oath in duie form of law that they did See Michael S. Durst the Testator therein named Sign and Seal Said Will that they heard him publisdh pronounce and declare the Same to be his last Will and Testament that tat the time of his so doing he was to the best of their apprehension of sound and disposing mind memory and understanding capapble of executing a Valid deed or Contract and that they respectively Subscribed their names as Witnesses to Said Will in the presence of and at the request of the Testator and also in the presence of eath other.
Sworn before  W. H. Hagans
   Register
 
State of Maryland, Garrett County, to wit:
 On this 11th day of March, A. D. 1885 before the Subscriber Register of Wills of Said State in and for Garrett County personally appeared Barbara Ellen Durst and made oath in due form of law that the aforegoing instrument of writing is the true whole last Will and Testament of Michael S. Durst late of Garrett County, deceased that has come to her hand and possession and that she does not know of any other.
 Sworn before
  W. H. Hagans
   Register
 
~Genie
Posted February 23, 2013



DYE, James
 
In the name of God- Amen, I James Dye of Allegany County in the State of Maryland being in perfect 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 thereby be the better prepared to leave this world when it shall please God to call me hence do therefore make and publish this my last will and testament in manner and form following that is to say Firstly and principally, I commit my soul into the hands of Almighty God, and my body to the earth to be decently buried at the discretions of my Executors hereafter named, and after my debts and funeral charges are paid and my wife's thirds taken out (or her portion as hereafter described), which either way she may choose, That's to say she may take her one third of all both personal and Real estate, or if she should remain my widow she may with any two sons hereafter named hold all the personal and real estate as their own during her natural life, at her death all said property will return to my two sons hereafter named and if my wife should marry again she will forfeit a choice and be confined to her thirds, I then devise and bequeath as follows.  I give and bequeath unto my daughter Susanna, who's now married to Peter Staup, the sum of five dollars to be paid by my executor hereafter named.  I give and bequeath unto my daughter, Elizabeth, who is married to John Dye, the sum of five dollars.  I give and bequeath to my daughter Mandy who is married to Jefferson Barnes the sum of five dollars.  I give and bequeath unto my daughter Mary Ellen who married with Salem Ross the sum of five dollars.  I give and bequeath unto my daughter Rachel who is married to Jacob Beeman the sum of five dollars.  I give and bequeath unto my daughter Charlotte who is married to Henry Beeman the sum of five dollars.  I give and bequeath unto my daughter Catharine who is married to Robert Groves the sum of five dollars.  I give and bequeath unto my daughter Christina who is married to Benjamin Metts the sum of five dollars.  I give and bequeath unto my daughter Lavenia Dye the sum of five dollars, all the forgoing bequeaths to be paid by my executor hereafter named.  I give and bequeath unto my two sons James Henry Dye and John Jefferson Dye all the personal property subject to the widows right of dower and also all the Real Estate I have in Allegany County, being two pieces land one known by the name of Mount Gabriel and the other by the name of Mount Michael with all improvements, that is to say the two named sons are to have and to hold as their own so long as the said James Henry Dye shall live, but at the death of the said James Henry Dye, said described land and all the property and improvements is to fall back and become the property of said John Jefferson Dye his heirs and assigns forever reserving at all time any widow full right of dower.  And lastly I do hereby constitute and appoint my dear wife Mary Dye and James Henry Dye my Executors of this my last will and testament revoking and annulling all former heretofore made and confirming this and no other to be my last will and testament May 31st 1866.
 
Signed Sealed and delivered in the presence of
 
/s/ JohnS. Combs
/s/ Uriah Duckworth
/s/ L. J. Duckworth

           (His mark)
/s/ James  X    Dye  {SEAL}
 
Sworn by Mary Dye and James H. Dye 10 March 1876
Proven, Admitted to Probate & Recorded 10 March 1876
 
(Courtesy of Barry Thoerig)
Posted June 15, 2013

 



 
DYE, John
 
In the name of God - Amen
I John Dye of Allegany County in the State of Maryland being in perfect 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 very desirous to settle my worldly affairs and thereby be the better prepared to leave this world when it shall please God to call me hence do therefore make and publish this my last will and testament in manner and form following that is to say
 
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 Executors hereafter named.  After my debts and funeral charges are paid and my wife's thirds taken out I devise and bequeath as follows to my wife Mary Elizabeth Dye.  I give possession of my farm situate on Dan's Mountain during her natural life providing she remains a widow unmarried.  In the event of her death or marrying then the farm shall be sold and the proceeds of such sale to be divided equally among my son John Dye, Jr. and my daughters Susan A. Dye, and Collesta M. Groves wife of James Groves.  I also desire that my wife Mary Elizabeth Dye shall have two milch cows and one horse of her choosing to have and to hold as her own individual property  also the use of the household furniture as it stands during her life or widowhood even after appraisement of such be necessary.  In the event of my widow remarrying to be permitted to take her own bed and bedding together with the two cows and horse before mentioned the balance of personal property to be sold and after my wifes thirds are taken out the residue to be equally divided between my children John Dye, Susan A. Dye and Collesta M. Groves should my daughter Susan or son John marry and die without issue their interest or interests to be divided share and share alike to those surviving as also in the event of the death of Collesta M. Grove wife of James Grove without issue her interest to revert back to either or both share and share alike to John Dye or Susan A. Dye.  If either or any of my children have issue in the event of their death their interest to be given to their children and last I do hereby constitute and appoint my dear wife Mary E. and my son John Dye to be my executors of this my last will and testament 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!here unto let my hand and seal this thirtieth day March in the year eighteen hundred and ninety three.
 
    /s/ John Dye Sr.  {SEAL}
 
Signed and sealed published and declared by the above name John Dye, Sr. as for his last will and testament in our presence who at his request in his presence and in the presence of each other have hereto set our hands as witnesses thereto.
 
/s/ John C. Douglas
/s/ Henry Hepburn
/s/ Andrew Speir
 
Filed & Sworn by Mary Elizabeth Dye & John Dye Jr. 31 January 1902
Proven by John C. Douglas & Andrew Speir 6 February 1902
Admitted to Probate and Recorded 7 February 1902
 
(Courtesy of Barry Thoerig)
Posted June 15, 2013










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