The last Will and Testament of Samuel Elder of the City of Baltimore in the State of Maryland.
I authorize and direct my Executors hereinafter named to have erected
over my remains a tombstone the cost of which shall not exceed Two hundred
Dollars.
It is my will and I hereby direct my Executors hereinafter
named to set apart the sum of Three Thousand Dollars and to invest the
same in some safe security and as Trustees hold such Security In Trust
for Samuel James Elder, minor son of my brother James Elder deceased until
the said Samuel J. Elder shall attain the age of Twenty one years or until
the said Samuel James Elder shall have issue whichever shall happen the
soonest and upon the said Samuel James Elder attaining the age of twenty
one years or having issue then In Trust to convey and assign such investment
unto the said Samuel James Elder to be by him held thenceforth absolutely
for ever, but in case the said Samuel James Elder shall die in his minority
without issue then In Trust as to one third thereof for his the said Samuel
James Elder’s mother absolutely and as to the other two thirds for Margaret
White and Florence Harwood in the same manner as herein prescribed in relation
to the portion of my Estate Specifically bequeathed in Trust for the said
Margaret White and Florence Harwood, respectively, and for their respective
children and descendants.
I give to Robert Wilson White, son of my old friend
Henry White deceased, Two thousand Dollars, in case he shall survive me,
but if he be dead at my decease then I give the same to such child or children
and descendants of him the said Robert Wilson White, as shall be living
at the time of my death to take per stirpes and not per capita but if there
shall be no such children or descendants then living then I direct that
the said Two thousand dollars shall be invested by my Executors and the
property in which such investment shall be made, then my said Executors
as Trustees shall hold in Trust for his Sister Margaret White and his sister-in-law
Anna White, wife of his half brother William White for the same uses and
purposes as the property specifically herein bequeathed In Trust for them
respectively.
To Margaret White daughter of my old friend Henry White
deceased, I give the bedstead, feather bed, matress and bedclothes in the
back room of my present dwelling and I direct that my Executors shall set
apart the sum of Eight thousand dollars and invest the Same in some good
productive Security and the property in which the same shall be invested
Shall be held by my said Executors as Trustees In Trust to collect the
revenue and income thereof and pay the same to the said Margaret White,
during the term of her natural life, and from and after her death then
In Trust for all the children and descendants which the said Margaret shall
leave living at the time of her death to take per stirpes and not per capita
but if the said Margaret White shall leave no such children or descendants
then In Trust for The Union Protestant Infirmary of the City of Baltimore,
The Baltimore Humane Impartial Society and Aged Women’s Home, The Baltimore
Orphan Asylum, and the Baltimore Home of the Friendless, share and share
alike.
To Florence Harwood, daughter of my nephew James Harwood,
deceased, I give the bedstead, feather bed, matress and bedclothes in the
front room of my present dwelling, and I direct that my Executors shall
set apart the sum of Six thousand dollars and invest the same in some safe
productive security and the property in which the same shall be invested
shall be held by my Executors as Trustees In Trust to collect the revenue
and income threreof, and pay the same to the said Florence Harwood during
the term of her natural life and from and after her death then In Trust
for all the children and descendants which the said Florence Harwood shall
leave living at the time of her death to take per stirpes and not per capita,
but if the said Florence Harwood shall leave no such children or descendants,
then In Trust for The Union Protestant Infirmary of the City of Baltimore,
The Baltimore Humane Impartial Society and Aged Women’s Home, The Baltimore
Orphan Asylum and the Baltimore Home of the Friendless, share and share
alike.
I direct that the Sum of Three Thousand Dollars be invested
by my Executors and be held by them as Trustees, In Trust, for Margaret
Buck infant daughter of my niece Margaret Buck...
for and during the term of her natural life so that she shall receive
the issues and income therefrom, and from and after her death In Trust
for all her children and descendants whom she shall leave living at the
time of her death to take per stirpes and not per capita but if the said
Margaret Buck shall have no children or descendants living at the time
of her death then in Trust for her Aunt Olivia Buck and her heirs absolutely.
I direct that the sum of Two thousand dollars shall
be invested by my Executors and by them be held as Trustees, In Trust
to suffer and permit Anna White the Wife of my nephew William White to
collect the revenue and income from such investment for and during the
term of her natural life and from and after her death then In Trust for
all the children and descendants which the said Anna White shall leave
living at the time of her death to take per stirpes and not per capita
and for their right heirs for ever but in case the said Anna White shall
have no children or descendants living at the time of her death then In
Trust for
The Union Protestant Infirmary of the City of Baltimore, The Baltimore
Humane Impartial Society and Aged Women’s Home, The Baltimore Orphan Asylum,
and the Baltimore Home of the Friendless, share and share alike.
I direct that the Sum of Six thousand dollars shall
be set apart by my Executors and shall be by them invested and held as
Trustees In Trust to pay the income and revenue therefrom unto Mary Elder
Harwood and Esther McKinley Harwood children of my nephew Henry Harwood
deceased, for and during the term of the joint natural lives of them the
said Mary Elder and Esther McKinley and from and after the death of either
of them In Trust as to one half thereof to the Survivor of them, for an
during the term of the natural life of such Survivor and from and after
the death of such Survivor then In Trust for all the children and descendants
which such Survivor of them shall leave living at the time of her death
but in case such survivor shall leave no children or descendants living
at the time of her death then In Trust for the children and descendants
then living of the one of them who shall have first departed this life,
but if there shall be none of said last named children or descendants then
living then In Trust for The Union Protestant Infirmary of the City of
Baltimore, The Baltimore Humane Impartial Society and Aged Women’s Home,
The Baltimore Orphan Asylum, and the Baltimore Home of the Friendless,
share and share alike,
and as to the other one half thereof In Trust for the children and
descendants of the one of them the said Mary Elder and Esther McKinley
who shall have first departed this life, if any such children or descendants
there Shall be then living but if there shall be no such children or descendants
then living then In Trust for the Survivor or longest liver of them the
said Mary Elder and Esther McKinley for and during the term of the natural
life of such Survivor and from and after her death then In Trust for all
the children and descendants which she shall have living at the time of
her death, but if there shall then be none of said last named children,
or descendants then living then In Trust for
The Union Protestant Infirmary of the City of Baltimore, The Baltimore
Humane Impartial Society and Aged Women’s Home, The Baltimore Orphan Asylum,
and the Baltimore Home of the Friendless, share and share alike.
In regard to all the foregoing bequests I wish it distinctly
understood that the said amounts shall be clear for the purposes aforesaid,
and that any tax of any kind thereon shall be paid by my Executors out
of my estate so as to form the net sums herein before specifically mentioned
for the purpose of investment under this Will.
In addition to the foregoing bequests in favour of
Margaret White and Florence Harwood, I direct my Executors to pay to each
of them monthly for a period of two years accounting from the day of my
decease the sum of Twenty five dollars.
All the rest residue and remainder of my estate, I give unto William White my Nephew and to Oliver F. Lantz, and the Survivor of them, to be held by them In Trust as to one third thereof for the herein before named Margaret White her children and descendants, and as to the other one third for the herein before named Margaret Buck, minor, her children and descendants in the same manner and for the same purposes hereinbefore prescribed in relation to the specific legacies herein given in trust for them respectively, and their respective children and descendants.
And I constitute and appoint the said William White and Oliver F. Lantz to be the Executors of this my Will, and I authorize them as such Executors, and I authorize them and the Survivor of them as Trustees or Trustee hereinbefore named to sell the whole or any parts or part of my estate and property held at anytime by them for the purpose of re-investment from time to time or when in their judgment a change of investment may by them, or by the Survivor of them be considered judicious and I impower them, or the Survivor of them to execute Deeds to carry out any and all sales made by them.
IN WITNESS Whereof, I have hereunto Subscribed my name, and
affixed my Seal on the Second day of May in the year one thousand eight
hundred and Sixty three.
Sam’l ELDER (seal)
Signed, Sealed, Published and Declared by Samuel Elder the
within named Testator as and for his last Will and Testament, in the presence
of us, the Subscribers, who at his request, in his
presence, and in the presence of each other have hereunto subscribed
our names as Witnesses thereto.
Warfield T. Browning
Wm H. Burdick
Geo. R. Cinnamond
Baltimore City, Ss: --on the 19th day of March 1866 came Oliver F.
Lantz and made Oath on the Holy Evangely of Almighty God, that he doth
not know of any Will or Codicil of Samuel Elder, late of said City deceased,
other than the above instrument of writing, and that he found the same
among the papers of the deceased on or about the 10th day of March 1866.
Sworn to in Open Court
Test: ISAAC P. COOK. Register of Wills for Baltimore City.
BALTIMORE CITY, Ss: On the 20th day of March 1866 came Warfield T.
Browning and William H. Burdick, two of the Subscribing Witnesses to the
aforegoing last Will and Testament of Samuel Elder, late of said City,
deceased, and made Oath on the Holy Evangely 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 they together
with George R. Cinnamond the other subscribing Witness thereto Subscribed
their names as witnesses to this Will in his presence, at his request,
and in the presence of each other.
Sworn to in open Cort,
Test: ISAAC P. COOK. Register of Wills for Baltimore City
Renunciation of William White.
To the Honorable the Judges of the Orphans’ Court of Baltimore City,
The Undersigned appointed one of the Executors of the last Will and Testament
of his Uncle Samuel Elder deceased, renounce the appointment of Executor
under the said Will.
Signed, William White
Witness: G. I. M.Gwinn, Baltimore, March 20, 1866
Received to be recorded on the 21st day of March 1866, same day
filed and recorded and examined.
Test: ISAAC P. COOK, Register of Wills for Baltimore City
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portrait:
Caroline Cinnamond Browning (Mrs. Warfield T. Browning) c. 1860
Oil on canvas
http://www.marylandartsource.com/artwork/detail_000000853.html
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