Last Will and Testament of Joseph C. Caple of Carroll Co.,
dated Sept 1898, Probated 16 Jan 1899


           I, Joseph C. Caple, of Carroll County, in the State of Maryland, do make this my last will and testament, in manner following, that is to say:      After the payment of my debts and my funeral expenses, I give devise and bequeath my estate as follows:

     (Item 1:)I give and devise all my real estate, being all the land mentioned in a deed to me from Abram N. Zeutz, and wife, dated September 13, 1898, and recorded among the Land Records of Carroll County, on that date, and any and all other real estate, to which I may be entitled at the time of my death, unto my wife Rebecca H. Caple, to be held by her during the term of her natural life; and from and after the death of my said wife, then to my daughter Eurith A. Zeutz, in fee simple, subject to the payment, by her, to my son William F. Caple, of a sum equal to one half the difference between the value of my said real property at the time of the death of my said wife, and the account of all charges against said real property, existing at the time of the death of my said wife, at which time the value of the said real property shall be estimated and determined by three disinterested appraisers, one by my son William F. Caple, one by my daughter Eurith A. Zeutz and the third by the other two; provided however that should my said daughter Eurith A. Zeutz so elect, she may, at the time of the death of my said wife, demand, in lieu of this devise, of my hereinafter names executor, that the said real estate be sold by him, at public or private sale, as to him shall seem best, and that the net proceeds, after payment of all debts for which my said real estate may be liable, be divided equally between my said son William F. Caple and my daughter Eurith A. Zeutz; and provided further that should my said daughter Eurith A. Zeutz be deceased at the time of the death of my said wife, her children, then living shall take per [?] and not per [?], the same share and rights, which their mother, my said daughter Eurith A. Zeutz, would have acquired hereby if living.

     (Item 2:) I give and bequeath to my said son William F. Caple at the death of my said wife Rebecca H. Caple, a sum equal to one half the difference between the value at that time of my aforesaid real estate, and the amount of all charges against said real estate, existing at that time, as provided in item one, to be paid to him by my said daughter Eurith A. Zeutz, and hereby charged upon the said real estate, herein before devised, to her, provided that she does not demand that sale be made as provided in said "Item 1", but in case my said daughter Eurith A. Zeutz demands such sale and devision as aforesaid, I give and bequeath to my said son William F. Caple, one half of the net proceeds of said sale remaining after payment of all debts for which my said real estate may be justly liable; and further provided that should my said son William F. Caple be deceased at the time of the death of my said wife Rebecca H. Caple, his children, then living shall take, per [?] and not per [?], the same share and rights which their father my said son William F. Caple, would have acquired hereby, if living.      (Item 3:) I give and bequeath all my household furniture and other personal property within my dwelling, to my wife Rebecca H. Caple, during the term of her natural life, and at her death to my daughter Eurith A. Zeutz absolutely.

     (Item 4:)All the rest and residue of my estate of every nature kind and descreption, wheresoever situated, I give and bequeath to my wife Rebecca H. Caple, her personal representatives and assigns.

     (Item 5:) I constitute and appoint my son William F. Caple, to be the executor of this my last will and testament, hereby revoking all other wills and codicils by me heretofore made and I hereby direct, authorize and empower him, as my executor, in case a sale of said real estate is demanded and made as provided in item one, to execute and deliver a proper deed to the purchaser or purchasers, conveying a good and sufficient title thereto in fee simple, free and discharged from any charge herein made.

          In testimony whereof I have hereunto subscribed my name and affixed my seal this ---------- day of September, in the year eighteen hundred and ninety eight.

Joseph C. Caple, (Seal)

     Signed, sealed, published and declared by 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 the presence of each other have hereunto subscribed our names as witnesses.
Harry H. Hering
Chas. R. Woods


Source:
Carroll County Register of Wills, Maryland.
Will Book #8, pages 210, 211, 212
Probated: January 16, 1899
Carroll Co., MD.


This Will transcript was contributed to the USGenWeb/MDGenWeb by Brian K. Ring


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