Wills H. SI, page 184-186, Frederick County, Maryland

In the name of God Amen, I Benjamin Souder of Frederick County in the State of Maryland being weak of body, but of Sound and disposing mind memory and understanding capable of executing a valid deed or contract considering the certainty of death and the uncertainty of the time thereof and being desirous to arrange and settle my worldly affairs and thereby be the better prepared to leave this world when it shall please almighty God to call me hence, do therefore make and publish this my Last will and testament in manner and form following that is to say:

First and principally I commit my soul into the hands of Almighty God and my body to the earth to be buried in a decent and Christian like manner, and after my Debts and funeral charges are paid I devise and bequeath as follows:

Item.  I give and bequeath unto my beloved wife, Ann the white mare she in common rides, one of my cows her choice, her choice of bed and furniture and any other articles of Household and Kitchen furniture she may choose or want, and the privilege of any part of the house to have the same authority and control she now has, the use of stable and pasture for the mare and cow and to be found and provided with good and sufficient Boarding maintenance and support for herself in all respects by my two sons David and Joshua who are also to ford furnish and provide food and provender for the Mare and Cow aforesaid, I also give and Bequeath to my said wife Twenty five pounds current money for each and every year during her life to be raised out of my Estate as follows herein after.

Item.  I give and Bequeath unto my son Jacob Souder the sum of fifteen hundred pounds current money, but having advanced to him in amount, One thousand and Seventy four pounds current money as will appear by my book it is my will that the same shall be first deducted to be allowed by my Executor herein named, out of a note owing to me by my said son Jacob for thirteen Hundred and thirty Eight Dollars conveying on Interest from the 7th day of March 1815 and such sum as may be due at my death - to be accounted for by my said son Jacob to my Executor.

Item.  I give and devise unto my Daughter Elizabeth, wife of Aaron Umsted the sum of fifteen hundred pounds current money But having advanced her the sum of one hundred and thirty Seven pounds thirteen shillings and seven pence current money as will appear by my Books, it is my will that the same shall be first deducted the balance to be raised as follows, all the Bonds due or owing to me by Jacob Boam and Martin Boam of Lancaster County and State of Pennsylvania to be paid in part and the residue out of my Estate in manner as hereinafter provided for except the last Bond owing by said Boam's.

Item.  I give and bequeath to my son Joshua, the land bond owing to me by Jacob and Martin Beam aforesaid amounting to the sum of One Hundred and Eighty pounds current money's.

Item.  I give and devise to my sons David Souder and Joshua Souder the whole of my Real Estate that I may die seized of, being of the Lands conveyed to me by Nicholas Randall and that by Harvey Creager to them the said my sons their heirs and assigns forever and tenants in Common and not as Joint tenants they providing my beloved wife with the necessaries, designed and allotted to her by the first part of my will and paying yearly the sum of One Hundred pounds current money to my Executor as long as it may be necessary to carry the object and intent of my will into full effect, and whoever that shall happen to pay only the sum of twenty five pounds yearly during the life time of my wife Ann for her better support and comfort in addition to what I have first before provided for her.

Item.  It is my will and I do hereby order and direct my Executor hereinafter named to dispose of all my personal property (except what my wife may choose as aforesaid) at public sale, on such credit as he may think fit not exceeding One year to collect what may be due and owing to me by my Son Jacob and otherwise not heretofore given or disposed of and to receive from my Sons David and Joshua, the yearly sum they are to pay, until he shall have received a sufficiency to pay to my creditors what I owe them, to discharge my funeral expenses, to pay to my Beloved wife the sum of twenty five pounds for each and every year during her life, and to pay Elizabeth Umstead the balance of her legacy as fast as it comes to his hands.  and as my executor may find charges against my son David on my Book.  It is my will that nothing be brought against him.  It being my intention that he is to pay nothing more than what is here enjoyed by this will with Joshua.  as I do not calculate that there will be any thing left after paying debts and Legacies, on a sale of my personal property and collections of money owing to me.  I have thought it necessary to say how that is to be disposed of it any, but should there be it will be equally divided among my sons and Daughters.

And Lastly, I do hereby name, constitute and appoint my worthy friend and neighbor Frederick Baker to be my sole Executor of this my Last will and testament, revoking and annulling all former wills by me made ratifying and conforming this and none other to be my last will and Testament.  In testimony whereof I have hereto set my hand and affixed my seal this twenty sixth day of December 1815.
                                                              Benjamin Souder      seal

Signed, Sealed, published and declared
by Benjamin Souder the Testator named
as and for his Last will and Testament in
the presence of us, who at his request,
and in his presence have subscribed our
names as witnesses thereto.
John Walker
Philip Kaiser
Davis Hup

Codicil

As changes has taken place since I made my Last will and Testament, I see it necessary to make a few alterations so as to make it more equal and Just the particulars are as follows as my will directs that no charges are to be brought against my son David that stand in my Book against him I therefore will and devise that my Son David shall discharge the first payment one year after my decease due to Aaron Umsted as my will directs after the first payment David is to pay fifty pounds and Joshua fifty pounds annually till Aaron has received fifteen Hundred pounds with what he already got.  I likewise will and devise that if the two Bonds against Martin and Jacob Beam One due 1818 the second 1819 are not paid till after my decease that my Executor shall collect the money and divide it equally amongst my four children the bond which is due 1820 Containing 180 pounds I will that my Executor shall collect it and pay one hundred pounds to my son Joshua and divide the remainder to my four children equally and so all my money that remains after all debts are discharged is to be equally divided among my four children.  David is to bring no charges against the estate nor against Joshua, this is my last Will and request.  In witness whereof, I set my hand seal this 31 day of May 1817.
                                                                          Benjamin Souder   Seal
In the presence of
John Walker
Philip Kaiser
David Hup

On the 17th day of August 1818, then came Frederick Baker and made Oath on the Holy Evangely, of Almighty God that the foregoing and annexed Instrument of writing is the true whole will testament and Codicil of Benjamin Souder later of Frederick County deceased.  that hath come to his hands and possession, and that he doth not know of any other.
                                                                         Henry Steiner   Regist.

Frederick County, to wit:

On the 17th day of August 1818, then came Philip Kaiser and David Hup two of the subscribing witnesses to the foregoing and annexed Last Will Testament and Codicil of Benjamin Souder late of Frederick County deceased and made Oath on the Holy Evangely of Almighty God, that they did see the Testator therein named sign and seal said will and Codicil, that they heard him publish, pronounce and declare the same to be his Last Testament and Codicil, that at the time of his so doing he was to the best of their apprehensions of a sound and disposing mind memory and understanding and that they together with John Walker the other subscribing witness, respectively subscribed their names as the Testator and all in the presence of each other.
                                                                         Henry Steiner  Regst.

Note:  Benjamin Souder sold land to Martin Beam in Lancaster Co PA on 26 March 1808.

Record of Wills HS-2, Pages 379-383, Frederick County Courthouse, Frederick, Maryland.
April 18, 1820

In the name of God, Amen.  I Jacob Souder of Frederick County in the State of Maryland, being sick and weak in body, but of sound and disposing mind memory and understanding, considering the certainty of death, and the uncertainty of the time thereof, and being desirous to settle my worldly affairs; and thereby be the better prepared to leave this world when it shall please God to call me hence, do therefore make and publish this my last will and testament in manner and form following; that is to say:

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

I give and bequeath unto my dear wife, during her natural life, the old part of the house which was built and standing upon the place whereon I now live previous to the time of my purchasing it, and one third of the garden attached or belonging thereto, which part of the garden she may choose; my clock, corner cupboard, two beds and bedsteads of her choice, her choice of house hold and kitchen furniture so far as may be necessary for her comfort or convenience, as to what may be fitting or necessary or proper for her to take of the furniture she is to be regulated by my executor herein named and by two disinterested able men; the mare she now rides, one cow to be chosen by her and feed pasturage stabling etc. for one horse and one cow.  a sufficiency of firewood, one half of which is to be furnished and delivered at her door by my son Daniel and the other half to be furnished and delivered as aforesaid by my son John, also the following annuity for each and every year that she may survive me to be furnished delivered and paid to her by my son John viz. twelve bushels of wheat, two Barrels of corn, four bushels of potatoes, one fat hog weighing not less than one hundred and forty pound - fifty pounds of beef and fifty dollars in cash.  Also the privilege of taking as much fruit as she may want for her own use of all kinds that may grow upon the place hereinafter devised to my son John.

Item.  I give and devise unto Daniel my Eldest son, the three following described pieces, parcels or tracts of land, viz:  First part of a tract of land called "Dulaney's Lot" Beginning for the part hereby devised at a stone planted on the South Bank of the Mill race and running thence with said race 1st South fifty nine and three quarters degrees west, twenty and four tenths perches; 2nd South eighty one degrees, west, ten perches; 3rd South Eighty two and a quarter degrees west, fourteen and six tenths perches; 4th North fourteen and a half degrees west, one and a half perches across said Mill race; 5th South eighty one and a half degrees west, six and a half perches; 6th North eight degrees East, twenty three perches; 7th North eighty three degrees West, fifty six and eight tenths perches; 8. South twelve degrees west, one hundred and twenty one and seven tenths perches; 9th. South Sixty nine and a half degrees east; one hundred and forty one and six tenths perches; 10th. North two degrees west, one hundred and fifty two and a half perches to the place of beginning containing ninety seven acres three rods and twenty four perches.  Second part of a tract of land called "The Four Friends" beginning for the part hereby devised at a stone planted at the end of eleven and six tenth perches on the third line as purchased from Thomas Link and running thence south seven degrees west, four tenths of a perch to end of it; 2. South nine degrees east thirty perches; 3 North eighty six and a half degrees west fifty nine and three fourths perches; 4th. North eleven and a quarter degrees west, thirty eight and two tenths perches; 5th South seventy nine degrees east Sixty two and four tenth perches to the place of beginning; containing twelve acres one rod and eight perches.  Third, part of a tract of land called "Mackeys Luck" Beginning for the part hereby devised at the original boundary as I purchased it, and running thence 1 North fifty nine degrees west, fifty one and a quarter perches; 2. North five and a quarter degrees east forty perches; 3 North fifty and a quarter degrees west twenty six perches; 4 South sixty seven and a twelfth degrees east one hundred and thirteen and six tenths perches; 5th South forty eight and three quarters degrees west, fifty eight and eight tenth perches to the place of beginning, containing twenty one acres, one rod and thirty five and a half perches of land - to him the said Daniel, his heirs and assigns in fee simple.

Item.  I give and devise unto John, my second son the three following pieces, parcels or tracts of land, viz.  First - Parts of two tracts of Land called "Dulaney's Lot" and spring Garden." Beginning for the part hereby devised at the end of the seventh line of the same tract herein before devised to my son Daniel and running thence 1 North twelve degrees east, sixty five and fifty five hundredths perches; 2 North seventy four degrees east, one hundred and nineteen and three tenths perches; 3 South four and three quarters degrees east, two hundred and eighty three and two tenths perches; to the end of the 9th line of land herein devised to my son Daniel thence with the 10th, 1st, 2nd, 34d, 4th, 5th, 6th, & 7th lines thereof as follows; North two degrees west, one hundred and fifty two and a half perches; south fifty nine and three quarters degrees west, ten perches; South eighty two and a quarter degrees west, fourteen and six tenths perches; North fourteen and a half degrees west, one and a half perches; South eighty one and a half degrees west, six and a half perches; North eight degrees east, twenty three perches; North eighty three degrees west fifty six and eight tenths perches; containing by calculation one hundred and fifteen acres and four perches of land.  Second - Part of a tract of land called "The Four Friends" Beginning for the part hereby devised at the original beginning as purchased of Thomas Link and running thence 1st South thirty seven degrees east, twenty perches; 2 South forty six degrees east twenty two perches; 3 South seven degrees west, eleven and six tenths perches, to the beginning of the part herein before devised to my son Daniel then with the last line thereof reversed, North seventy nine degrees west, sixty two and four tenths perches; North eleven and a quarter degrees west, thirty six and three tenths perches; then by a straight line to the place of the beginning, containing twelve acres two rods, and twenty eight perches of land. - Third - part of a tract of land called "Mackey's Luck" Beginning for the part hereby devised at the end of the third line of the part of the same tract herein before devised to my son Daniel and running North twelve degrees West, nineteen and three quarter perches; North thirteen and three quarter degrees East, sixteen perches; South Sixty Seven and a half degrees East, one hundred and forty three and a quarter perches; South forty eight and three quarter degrees West, thirty six and sixty four hundredths perches; North Sixty seven degrees and five minutes West, one hundred and thirteen and tenths perches to the place of beginning; containing twenty six acres, one rod and thirty five and a half perches of land; to him the said John and his heirs and assigns in fee simple.
I also give and bequeath unto my son John as aforesaid the mare he now calls his, and his choice of another horse with two sets of gear complete, one wagon, one plough and one harrow.

Item.  I give and bequeath unto each of my six daughters; that is to say to Elizabeth wife of Haines Dixon, Ann the wife of Thomas Coe, Mary, Susanna, Lydia, and Martha a sum of money sufficient to make up, to each one, when added to that with which they may have been respectively charged, two thousand dollars, which legacies are to be paid to them or to their guardian or guardians (as the case may be) by my two sons Daniel and John, each son to pay annually the sum of four hundred dollars.  The first payment viz: eight hundred dollars to be made within eighteen months after my decease and the like sum annually thereafter till all shall have been paid.  The first four payments to be equally divided between the five younger daughters; next the legacy to the oldest to be fully paid, and so on, completing the payment to each according to their respective ages omitting to complete the legacy to the youngest till the last - none of the above legacies to draw interest till they become due.

Item.  I give devise and bequeath all the rest and residue of my estate, both real and personal, to be equally divided among my sons and daughters to them, their heirs and assigns forever, in equal portions share and share alike  And lastly I hereby constitute and appoint Joseph Stauffer of Frederick County to be sole executor of this my last will and testament revoking and annulling all former wills by me hereto made, ratify and confirming 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 eighteenth day of April one thousand eight hundred and twenty.
                                                                  Jacob Souder     Seal

Signed sealed published and declared by Jacob
Souder 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 in the presence
of each other have subscribed our names as
witnesses thereto.
Christian Rohrer
E. H. Rockwell
Frederick Bakers

(page 382)
Codicil, Whereas I Jacob Souder of Frederick County have made and duly executed my Last will and testament in writing bearing date the eighteenth day of April in the year Eighteen hundred and twenty which said last will and testament and every clause bequest and devise there in contained I do hereby ratify and confirm but being desirous of making several additions thereto, do therefore 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 in consideration of services performed by my son John since the first of August 1819 such as plantation work in general, besides particular attention paid to my person, my interest and the comfort of my family in general I do hereby give and bequeath to him the said John as follows, One third part of the wheat rye and Indian corn now in the barn, in stack and growing upon the part of the farm devised to him the said John provided he the said John shall continue to manage and labour upon the farm as he has hitherto done, until the said grain shall be put in a merchantable situation, he the said John to be assisted in the Labour necessary to said business as he has heretofore been, the expense of which shall be paid by my executors out of the joint funds of my estate, also the said John shall resume upon the same terms and conditions as above, one half of all the potatoes made upon the said farm and one third of all the hay now upon said farm and all the clover seed now saved - The intention of the above bequests to my son John is that the family shall live with him and be supported thereupon.

Item.  I give and bequeath unto my son John in addition to the preceding the colt which is the foal of the mare bequeathed to him in my will.  In testimony whereof I have hereto set my hand and affixed my seal the eleventh day of August in the year of our Lord eighteen hundred and twenty.
                                                               Jacob Souder   seal

Frederick Count to wit; On the 11th day of September 1820, then came Joseph Stauffer and made Oath on the Holy Evangely of Almighty God, that the foregoing instrument of writing is the true whole will and testament and Codicil of Jacob Souder late of Frederick County deceased that hath come to his hands and possession and that he doth not know of any other.
                                                                Henry Steiner Record

Frederick County to wit:  on the 11th day of September 1820, there came said Elikie H. Rockwell, Frederick Baker, and Christian Rohrer the three subscribing witnesses to the aforegoing last will and testament and Codicil of Jacob Souder late of Frederick County deceased, the former of which made oath on the Holy Evangely of Almighty God and the latter solemnly and sincerely affirmed and declared that they did see the testator therein named sign and seal this will and Codicil that they heard him publish pronounce and declare the same to be his last will and testament and Codicil, that at the time of his doing he was to the best of their apprehensions of a sound and disposing mind memory and understanding that they respostively subscribed their names as witnesses to this will and Codicil in the presence and at the request of the testator and all in the presence of each other.
                                                                Henry Steiner Recorder

Jacob bought four friends land 13th April 1809- Said Jacob Souder of Lancaster Co PA
"            "      Delaney's Lott & Spring Garden    "      "         "               "           "   ", 13 Apr 1809

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In the Name of God Amen.  I John Souders of Frederick County in the State of Maryland being of sound mind memory and understanding considering the uncertainty of life and being desirous to settle my worldly affairs and thereby be the better prepared to leave this world when it shall please God to call me hence do therefore make and publish this my last Will and Testament in manner and form following to wit:  That is to say first and princefully I commend my Soul into the hands of Almighty God, and my body to the earth to be decently buried at the direction of my Executor herein after to be named and after my debts and funeral charges are paid I devise and bequeath unto my dear Wife Eliza a sufficiency for her support during her life time or widowhood out of the proceeds of my property personnel and real which I desire shall be sold and Conveyed by my Executor herein after named and the proceeds held by him in trust and paid over to her as her necessity in his discretion demands and the remainder after her decease or marriage, I devise and bequeath unto my dear children as follows to wit:  To my daughter Sarah Stoles one fifth part.  to my son Jacob Souders one fifth part.  To my Daughter Elizabeth Souders one fifth part.  To my Daughter Marie Jones one fifth part, and to my son John Souders One fifth part of all that remains of my Estate personal or Real after the deceased or widowhood of my wife as aforesaid.

And lastly I do hereby constitute and appoint George W. Miller to be my Executor of this my last Will and Testament revoking and annulling all former wills by me heretofore made satisfying and confirming 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 twenty six day of August in the year of our Lord One Thousand Eight hundred and Seventy, and in case of the decease of my Executor before my decease I desire that Edward Barvick act in his stead.
                                                                       John (his X mark) Souders
Signed Sealed Published and Declared
by John Souders the within Named
Testator as and for his last Will and
Testament who at his request in his
presence and in the presence of each
other have hereunto Subscribed our
names as witness thereto.
Edward Barvick
Michael Wachter
John M. Miller

Maryland Frederick County.  To Wit:
On this 15th day of March 1871.  Came George W. Miller and made Oath on the Holy Evangely of Almighty God, that the aforegoing instrument of meeting is true and whole will and Testament of John Souders late of Frederick County, deceased, that has come to his hands and possession.  That he received the same from the Testator for safe keeping and that he does not know of any other of a later date.
                                                        S. G. Cockey Register of Wills

State of Maryland, Frederick County.  To Wit:
On the 21st day of March 1871.  Came Edward Barvick, Michael Wachter and John M. Miller the subscribing witnesses to the aforegoing last will and Testament of John Souders late of Frederick County, deceased, and made Oath on the holy Evangely of Almighty God.  that they did see John Souders the Testator therein named 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 apprehension of sound and disposing Mind, Memory and Understanding and that they respectively subscribed their names as Witnesses to said Will, in the presences of and at the request of the Testator, and that they did also see each of the other subscribing Witness sign his name as Witness to said Will at the request of the Testator in his presence, and all in the presence of each other.
                                                        Test.  S. G. Cockey Register of Wills

George Souder

I George Souder of Frederick County State of Maryland do make publish ordain and ____ this as and for my last Will and testament and ___ following to wit

After the payment of my just debts and funeral ____, I will devise and bequeath as follows  I give devise and bequeath to my wife Mary Catharine Souder all my real personal and ____ to be hers absolutely.  And lastly I do hereby ____ appoint my wife Mary Catharine Souder Executrix of this my last will ____ whereof I have hereunto set my hand and seal this Seventeenth day of October in the year Eighteen hundred and eight eight.
                                                                        George Souder  Seal

Signed Sealed published and declared by said testator as and for his  ___ in our presence, who at his request in the presence and in the presence of ____ have Signed our names as witnesses hereto
                                                                         Charles W. Ross
                                                                         Benj F. Ruck
                                                                         W.R. Johnson

Maryland Frederick County To Wit
On this 28th day of January 1892 came Charles W. Ross and made oath ___ Evangely  of Almighty God that the aforegoing instrument of writing is the true whole ____ Testament of George Souder Late of Frederick County deceased that has come to his ___ ___that he received the Same from the testator for Safe keeping and that ____ know of any other of a later date.
                                                                           Test
                                                                                  James K. Waters
                                                                                  Register of Wills for Frederick
 

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