JUNE 1, 1843

Last Will & Testament of HENRY WILHELM

In the name of God, Amen. I, Henry Wilhelm of Baltimore County and State of Maryland, being sick and weak, in body, but of sound mind, memory and understanding, praised be to God for it, and considering the certainty of death and the uncertainty of the time thereof, and to the end I may be the better prepared to leave this world whenever it shall please God to call me hence do therefore make and declare this my last Will and Testament in manner following, that is to say:

First and principally I commend my soul into the hands of Almighty God my Creator hoping for free pardon and remission of all my sins, and to enjoy everlasting happiness in the heavenly kingdom through Jesus Christ my Saviour, my body I commend to the earth at the discretion of my Executors hereinafter named.

I will that all my past debts as shall be by me owing at my death, together with my funeral expenses and all charges touching the proving of or otherwise of this my will, shall in the first place out of my personal Estate and effects be fully paid and satisfied, and from and after payment thereof and subject thereto, then my will is that my dear wife, Catherine, have all the furniture that was in the room commonly called her room on the 18th day of April last, which has since been moved out of said room. Also two cows, and one good horse of the stock, the carriage and harness, two copper kettles, the clock and ten bushels of good wheat and ten bushels of corn.

I further will and bequeath that my wife have one third of all the proceeds of the residue of my personal estate and the land that is to be sold to be paid unto her by my Executors hereinafter named in current money, as soon as the said Executors shall sell the same and collect the amount thereof. It is also my will that my wife have the small house called the cellar house on the home place together with a garden and potato patch, stabling for her horse and one cow, and a sufficiency of fire wood to be hauled to her door. Peter B. Wilhelm to furnish the same, and also a sufficiency of hay and feed for said cow and horse, and the said Peter B. Wilhelm to have privilege to work said horse when his mother does not want him for her own use.

I further will that each of my children namely, Jacob, Henry, Mary who is intermarried with Henry Kone, Daniel, and Elizabeth who is intermarried with Robert Wright, shall pay unto my wife each Twenty dollars per year after my death during her natural life. I further will, that my son Peter B. Wilhelm pay my wife Ten dollars per year during her natural life, the lands willed to the children to be bound for the payment for the same during her natural life, severly to be collected by distress or otherwise if not punctually paid.

I further will that my black girl named Beck, belong to my wife during her natural life or until she, the said black girl, arrives to the age of forty years, and if my wife departs this life before the said black girl arrives to the age of forty years, she is then to be sold by my Executors and the proceeds thereof to be equally divided between all my children share and share alike. And at the age of forty years it is my will she shall be set free and should the said black girl have children it is my will that they shall all be set free when they shall arrive at the age of thirty five years.

It is also my will that my son Daniel B. Wilhelm have my black boy named John until he is thirty five years old, then to be free.

It is my further will that my black boy named Asel shall belong to my sons Henry B. Wilhelm and Peter B. Wilhelm until he is thirty five years of age to work year about alternately with them but that Peter B. Wilhelm to have him the first year, and at the age of thirty five years, it is my will he shall be free. And it is my will that neither Henry B. Wilhelm nor Peter B. Wilhelm is to sell their titles in said boy without the consent of both and that each shall find him in clothing during the time he is in their service.

I further will that my Executors give up the note or obligation I hold against my son Jacob B. Wilhelm at my death, and also that they give up unto my son Daniel B. Wilhelm all the notes or obligations I hold against him my son Daniel B. Wilhelm, except four notes given by my son Daniel B. Wilhelm to me bearing the date the 9th day of May 1843, for Fifty dollars each which is to come into the common stock when paid.

And I further will that my son Henry B. Wilhelm have the plantation where Lyzander Mccullough now lives as soon as the said Mccullough's lease is expired to take possession thereof and to occupy the same and if the said Henry B. Wilhelm shall behave soberly and study for the term of five years from my death, it is my will that my Executors shall then make and execute a good and lawful deed clear of all encumbrances unto him the said Henry B. Wilhelm, his heirs and assigns forever, for the said land and premises as though I was personally present and had done it myself. But if the said Executors is of the opinion that the said Henry B. Wilhelm will waste and destroy said property, and (can show good grounds for said opinion) then they are by this my last Will and Testament to apply to the proper authority and have a trustee or trustees appointed to take charge of the same for the use of himself, his wife, and children during his natural life, and at his death to be the right title and estate of his heirs and their assigns forever. And that his wife shall have her right of dower in the same during her natural life or widowhood. The same land or farm is now valued by me to Five hundred and fifty dollars. To the said Henry B. Wilhelm, the rent to be collected from the said Lyzander Mccullough by my Executors, and come into the common stock.

And I have heretofore conveyed unto my son Jacob B. Wilhelm one plantation valued to Three hundred and fifty dollars; and I have conveyed unto my son Daniel B. Wilhelm one plantation valued to Four hundred dollars.

I now will and bequeath unto my son Peter B. Wilhelm one plantation where I now reside, containing one hundred and thirty two acres and three quarters of an acre, more or less agreeable to a survey made by Enoch Dorsey, March 3, 1843, which I value to Five hundred and fifty dollars. And there is a valuable saw mill on the land I now will to Peter B. Wilhelm, and my son Jacob B. Wilhelm getting no part therein nor in the negroes. It is my will that my son Peter B. Wilhelm pay unto my son Jacob B. Wilhelm One hundred dollars in four equal annual payments clear of interest, the first payment to be made in three years after my death, and the others annually thereafter, to be paid out of his own funds and not out of my estate.

I also will and bequeath unto my daughter Mary who intermarried with Henry Kone the plantation where Peter B Wilhelm now resides containing Eighty five acres three quarters of an acre and twenty perches more or less agreeable to a survey made by Enoch Dorsey the 2nd day of March 1843 which I value to Five hundred dollars.

I further will and bequeath unto my daughter Elizabeth who intermarried with Robert Wright all the land that I purchased from Donaldson and Evans, Trustees for Thomas H Gist's heir, except six acres of woodland adjoining my other wood lot including as much old field as will make a road along Ebaugh's line to Coopers corner, containing One hundred acres one quarter of an acre and three perches more or less valued by me to Five hundred dollars.

I further will that my wife have privilege of a room up stairs in the house that I will unto Peter B. Wilhelm for to put a bed in and that she have free intercourse to and from the same for to lodge herself or her friends when she thinks proper, the said lands and premises before mentioned to be the right, title and estate of the before mentioned parties their Heirs and Assigns forever agreeable to the foregoing Will and the restrictions and exceptions therein mentioned. I further will that my wife have one other bed besides the one included in the furniture that was in her room.

It is further my will that Jacob B. Wilhelm and Daniel B. Wilhelm give unto their mother a written obligation severly binding themselves and their respective Heirs to pay unto her each Twenty dollars per year during her natural life as before mentioned before they shall receive any part of the estate more than the premises which hath heretofore been conveyed unto them by me.

I further will that all the residence of my personal property be sold by my Executors according to law except the part willed by me to my wife, and the two black boys willed by me to Peter, Henry, and Daniel. And also all the residence of my real estate not heretofore mentioned and willed shall be sold within two years after my death by my Executors at public sale who is hereby vested with full power and authority to convey the same to each and every person purchasing as though I was personally present and had bone it myself.

I further will that the balance of my personal property not herein willed when sold and the money collected that my Executors shall pay the amount to my children that hath got the least value of my real estate shall have the proceeds of the personal property, when the necessary expenses are paid, provided there is enough to make them equal agreeable to my valuation they shall pay so far as it will reach towards making them all equal, according to my valuation as aforesaid; and when the land is sold by my Executors they shall make them all equal. And what ever is over and above making them equal after taking out the proper expenses shall be equally divided share and share alike among all my children before mentioned.

The intent of this my last Will and Testament is that the two black boys namely John and Asel shall not come into the common stock, but to be the right, title and estate of Peter, Henry, and Daniel as before stated.

And lastly, I make and ordain my two sons Peter B. Wilhelm and Daniel B. Wilhelm Executors of this my last Will and Testament revoking all other Wills heretofore made by me.

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Signed, sealed, and acknowledged by the Testator in the presence of us, and in the presence of each other, as his last Will and Testament this first day of June 1843. Henry Kidd

Jacob M. Hampsher

Solomon Heckman

Baltimore County: On the 10th day of August 1843 came Henry Kidd, Jacob M. Hampsher, and Solomon Heckman, the three subscribing witnesses to the foregoing last Will and Testament of Henry Wilhelm late of said County, deceased and made Oath on the Holy Evangel of Almighty God 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 the subscribed their names as witnesses to this Will in his presence, at his request, and in the presence of each other.

Sworn to before the Subscriber Register of wills for Baltimore County.

D.M. Perine

(Transcribed by Steve Pearce January 30, 1992)

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