Last Will and Testament of William Janell Caple, Sr. of Carroll Co.,
dated 11 June 1856, Codicil dated 13 June, 1857, Proved 22 Jan 1857


In the name of God Amen:
          I, William Caple of Carroll County in the State of Maryland, being of sound, disposing mind, memory and understanding, being desirous to settle my worldly affairs, do therefore, make and publish this my last will and testament, in manner and form following, that is to say.

     (First:) I commit my soul into the hands of Almighty God, and my body to be decently buried, at the discretion of my executor, herein after named, and after my debts and funeral charges are paid, I devise and bequeath as follows:

     Whereas all my real estate lyes in Carroll County in the State of Maryland, and my home Farm is composed of parts of several tracts of land. I have caused a plat to be made, so as include th whole, which now contains together one hundred and ninety two and one half acres more or less; which I direct to be divided into two lots, No.1 to include the mansion house, begining at a point in the division line between Thomas S. Brown and me, and running thence Southerly, and paralel with the Turnpike Road, until it intersects the division line between Owen Buckingham and me, so as to include one hundred and sixty acres more or less, in lot number one. Should I live, I expect to have this lot marked off on the ground and plat.

     (Item) I devise and bequeath lot No.1 unto my son William Caple Junior, to occupy, manage, and improve the same, he is to apply the proceeds or profits to his own use, and to the comfortable support of his family, and to keep up the improvements, he is hereby forbid to sell or destroy the timber, but simply to use such as may be necessary for the support of the place, and for firewood, until his son William Caple, now about six months old, arrives at the age of twenty five years old, then it shall go to my said Grand Son, William Caple, in fee simple. Should he die before he arrives at the age of twenty five years, or after, without leaving any lawfull issue, in that case it shall go to his next youngest brother, should he have no younger brother, it shall go his eldest brother, in fee simple: But if my son William Caple Junior, and his wife, become reduced and needy, they shall have a home and comfortable support out of this devise.

     Lot No.2 is comprised of all that part of the home farm, lying Easterly of said division line, containing forty two and a half acres more or less; and the lot with the stone house at the Turnpike Road containing Five acres more or less; Also the Manning lot containing Ninety seven and a half acres more or less, including in the whole, one hundred and forty five acres, more or less.

     (Item) I devise and bequeath this lot No.2 to my grandson Hezakiah Caple in fee simple.

     (Item) I devise and bequeath Lot No.3 being part of "Flag Meadows" known as "Malons Place", containing one hunderd and forty six acres, more or less, unto my nephew William Henry Caple in fee simple. But at his death it shall go to his eldest son then living, in like manner.

     (Item) I devise and bequeath lot No.4 being part of the real estate of the late Dr. E. J. Hall, containing one hundred eighteen acres, three roads and seventeen perches, more or less, to my Nephew William Flatter, son of Peter Flatter in fee simple, but if he dies without leaving any lawful issue, it then is to go to his brother Jacob Flater in fee simple, and I expressly direct, in either case, should their father and mother need it, they shall have a comfortable support from this devise.

     (Item) I give and bequeath all my household and kitchen furniture, to all the daughters of my son Wm. Caple Junior, to be by him, divided between them, share and share alike.

     (Item) I give and bequeath unto my nephew William Caple, being now in the State of Iowa, Five hundred dollars, provided I do not advance it to him in my lifetime, upon the latter contingency, this bequest shall be null and void.

     (Item) I give and bequeath unto my son Wm. Caple Junior my negro boy "Frank", three years old on the first day of April last, also my negro boy "Jim", born on the last day of January last, each to serve until they are severally twenty one years old, then to be free, they are to be instructed in practical farming, and treated with humanity, and not to be sold. When free under this will, each of shall have two suits of good new clothing and ten dollars a piece in cash.

     (Item) I give and bequeath unto my brother Jacob Caple, my negro "Mary", now twenty six years old to serve until she is thirty two years old, then to be free, also my yellow girl "Eliza" now twenty two years old, to serve until she is twenty eight years old, then to be free. Likewise any child or children that may be born during their servitude, shall be free at the age of twenty one years old. If my brother Jacob dies before the said negroes are free, than they shall go in like manner, to my Grandson Hezakiah Caple.

     (Item) I devise and bequeath unto my son Wm. Caple Junior all the rest and residue of my estate both real and personal, and none of it is to be sold, and I also direct him to convey the land I sold to my sister Mary Caple, on receipt of the payment of the balance of the money that is due me thereon, if it should not be done in my lifetime.

     And lastly, I constitute and appoint my said Son William Caple Junior, Executor of this my last will and testament, revoking and annulling all former wills by me heretofore made, and ratifying this and none other, to be my last will and testament.

     In testimony whereof, I have hereunto set my hand and affixed my seal this Eleventh day of June in the year of our Lord one thousand eight hundred and fifty six.

Wm. Caple, (Seal)

     Signed, sealed and declared by William Caple 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.
Wm. Jameson
J. S. Warfield
Jacob Wickert


Codicil of William Janell Caple, Sr.

     Whereas, I, William Caple, of Carroll County Maryland, have made and duly executed my last Will and testament in writing, bearing date the eleventh day of June in the year eighteen hundred anf fifty six, which said last will and testament and every clause bequest and devise therein contained, I do by here ratify and confirm, (saving and excepting such clauses, bequests and devises therein mentioned as are by me hereinafter revoked and made void) and being desirous to alter some parts thereof, and of making additions thereto, do therefore hereby make this my Codicil, which I will and direct shall be taken and held as part of my said will and testament, in manner and form following, that is to say.

     Whereas, by my said will, I did give and bequeath unto my nephew William Henry Caple, Lot No.3 being part of "Flag Meadows, known as "Malons Place"; now I hereby revoke the said legacy, and direct that the said "Malons Place" be sold and conveyed by my Executor, and the proceeds thereof be divided as follows, viz: One fourth to my Brother Jacob Caple and the balance equally between my sisters Ellen Edmondson, Sally Caple, Susan Ogg, Hianthy Blizzard, Nancy Wagers, and Matilda Flatter, share and share alike.

     And Whereas, by my said Will I did give and bequeath to my nephew William Flatter lot No.4 being part of the real estate of the late Dr. E. J. Hall. I do now revoke said legacy, and hereby direct that said lot No.4 be sold and conveyed by my Executor, (the tenant now occupying the premises, to have possession of the farm, one year longer than the present contract calls for). The proceeds of said sale to be divided equally among the children of my son William Caple Jr., share and share alike.

     And I further will and direct that all the rest and residue of my Personal Estate (my colored servants excepted) be sold at public sale, and the proceeds thereof, as well as all monies on hand at the time of my decease, and monies arising from the collection of debts due me, either on notes, Bonds or Book accounts, after my lawful debts are paid, be divided as follows, viz: Five hundred dollars to the Trustees of the new Stone Church, recently built near "Sandy Mount", in Carroll County Md. known by the name of "Pleasant Grove"- of the "Methodist Episcopal Church"- to be by said Trustees appropiated to the erection of suitable Tombstones over my grave, the enclosing of the Church lot and grave yard (where I desire to be buried), the finishing and furnishing of the Church, and such other purposes as they may deem necessary + proper for the benefit of said Church property. The balance of proceeds of said personal property, I hereby devise and bequeath to the children of my said son William Caple Jr., share and share alike, excepting Elizabeth Ann Caple, who, in consideration of her kindness and attention to me in my affliction, I hereby will and direct shall have twice as much as any of the other children out of said balance.

     In testimony whereof, I have hereto set my hand and affixed my seal, this thirteenth day of June eighteen hundred and fifty seven.

William Caple, (Seal)

     Signed, sealed, published and declared by William Caple the above named testator, as for a codicil to this 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.
Thomas S. Brown
Joshua J. Brown
J. S. Warfield


Source:
Carroll County Register of Wills, Maryland.
Will Book #2, Pages 320, 321, 322, 323, 324
Probated: January 22, 1857
Carroll Co., MD.


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


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