I Francis Earlougher of Howard District of Anne Arundel County in the State of Maryland being sound in mind do make and publish this my last will and testament in manner and form following to wit that is to say
First I divise and bequeath all my real estate of every kind to my Executors herein after named and their heirs (or if but one should act as such their to him or her and his or her heirs) in Trust to sell the same and to convey the title thereof to the purchaser or purchasers and out of the proceeds of such sale first to pay all my debts to the entire relief of my personal estate. Then to pay over to my wife Rebecca Earlougher such part of the balance of such proceeds as shall be equal by the rules of the court of Chancery to not less than one third of the said balance of said proceeds of my real and personal estate and after paying all my said debts and the said portion of my said wife as aforesaid then to pay over and dispose of the balance in the following manner to wit;
One eighth thereof to my daughter Mary Ann Timanus, one eighth to my son Jacob Earlougher less by three hundred dollars than the eighth share of my other children three hundred dollars being the amount paid to him heretofore by me, one eighth to my daughter Sally Ann, one eighth to my daughter Emily Ann, one eighth to my son Francis Earlougher, one eighth to my daughter Blanche, one eighth to my daughter Martha Ann (the said Blanche and Martha Ann now living with me) and one eighth part thereof to my son Jacob and his heirs in trust to invest the same and to pay over the interest dividends and profit thereof to my daughter Elizabeth Davis so long as she shall remain married free from the control of her husband and from liability for his debts and upon the death of the said Elizabeth during her present converture I direct that the said one eighth part or the investment thereof shall be paid over and given by said Jacob and his heirs to and divided amongst the children of my said daughter Elizabeth or their descendants living at her death in such manner as that the descendants of each child of said Elizabeth shall have the eighth share which their deceased parent would have taken if alive, at the death of said Elizabeth. But if my daughter Elizabeth should become discorert during her life then the said part or the investment thereof shall be paid or given to my said daughter Elizabeth by the said Jacob or his heirs.
Item I give and bequeath one third of my real and personal estate after all debts and necessary expenses have been paid to my wife Rebecca Earlougher. Item I give and bequeath the balance of my personal property to my children above named so that each shall have one eighth thereof but the share my daughter Elizabeth shall rest in my son Jacob and his heirs in trust to invest the same and to apply it and the profits thereof in the same manner and for the same purposes as herein before directed.
Item I also give and bequeath to my son Jacob my double barrel gun. Item I also give and bequeath to my son Francis my small single barrel gun. Item I give and bequeath to John Porter who is now living with me one hundred dollars and also my duck gun.
Item I also give and bequeath to my daughter Blanche my small mahogany work stand.
Item I also give and bequeath to my daughter Martha Ann my high post maple bedstead one feather bed bolster two pillows one pare of sheets blanket quilt and counterpane and in case of the death of my daughter Martha Ann in her infancy then to my daughter Blanche and in case of her death in infancy then to my wife Rebecca Earlougher.
And lastly I hereby constitute and appoint my wife Rebecca Earlougher and Edwin C. Lyons executors of this my last will and testament and if practicable I desire and will that they may execute their duties of such without giving security for the faithful performance of their duties hereby revoking and annulling all former will by me heretofore made ratifying and confirming this and none other to be my last will and testament. In testimony I have hereunto set my hand and seal this twenty fourth day of April in the year eighteen hundred and forty nine.
Signed Sealed and published and
declared by Francis Earlougher 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 and in the presence
of each other have subscribed our names in witness
Thomas Burgess of ___
William ___ Miller
Howard District of Anne Arundel County Sct.
The 31st day of July 1849 came John Conner, Thomas Burgess of ___ and William ___ Miller the subscribing witnesses to the aforegoing land will and Testament of Francis Earlougher late of Howard District of Anne Arundel County deceased and made oath on the Holy Evangely of Almighty God that they did see the Testator herein named sign and seal this will and 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 appreciation of sound and 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 all in the presence of each other. ___ to in open court
Test. Thomas Jenkins Register of Wills for Howard District of A. A. Co.
Source: Wills, Liber WG, No. 1, folio 202, Maryland State Archives, Francis Earlougher, dated April 24, 1849. Microfilm WK 1303.
Contributed to the USGenWeb/MDGenWeb Project by Donna Thomas
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