Last Will and Testament of William Garber
In the name of God, amen. I William Garber of Frederick County in the state of Maryland, being advanced in life, but of sound and disposing mind, and considering the uncertainty of life, and wishing to make some disposition of my property before it shall please God to call me hence, do therefore make and declare this instrument of writing to be my last will and testament as follows, to-wit! I. In the first place, I commit my soul into the hands of Almighty God, humbly relying on his infinite mercy, and my body to the earth to be decently buried under the direction of my dear family and friends and after my funeral expenses and all proper charges against my estate are paid, including the cost of a plain stone to mark my resting place, I dispose of all estate and property I now own, or may hereafter acquire, as follows to-wit: II. I give and bequeath to my son John H. Garber my tall eight-day clock with brass works in the same. III. All the residue of my estate, of whatsoever kind it may consist, or of which I may be possessed or entitled to at the time of my death. I give devise and bequeath to my following named children in four equal shares to them, their respective heirs and assigns, as follows to-wit. To my son John H. Garber one of said shares; to my daughter Martha E. Eppley, wife of John B. Eppley, one of said shares; to my daughter Ann L. Grimes, wife of William B. Grimes one of said shares; to my daughter Sarah S. Repp, wife of Samuel F. Repp, one of said shares, the said first two names shares to be subject however to the following conditions: No. 1: My son John H. Garber shall have his choice of the two lots, the one on which he now resides, or the lot on which I now live that has the shop on. The lot so selected of the above named two lots shall be appraised by three disinterested men to be selected as follows “my executors herein – after named shall select two of said men and, they the two men so selected shall choose the third man, and they shall appraise the lot so selected by my son John H. Garber, in dollars and cents, and should the appraised value of the lot so selected by my son John H. Garber be more in value than his equal share with the other heirs, then he shall pay what is over his share, into the general fund of my estate enough, so as to reduce the amount appraised on said lot, that his share will be equal with the rest of my children, and should the appraised value of the lot selected by my son be less in value than to amount to his shall, he shall have enough from the general fund of my estate to make him equal with the other children, be it further understood “that should my son John H. Garber not wish to take the house & lot of ground selected of the two lots mentioned above at the appraised value placed on said lot, then it is my wish that the said lot be sold at public sale at the same time and place on said lot, then it is my wish that the said lot be sold at public sale at the same time and place and on the same terms as my executors hereinafter named shall sell the rest of my real estate, and my son John H. Garber shall take his share in dollars and cents of my estate to make him equal with my other children.” No. 2: I further wish and desire that the house and lot of ground in the town of Union Bridge, on which my daughter, Martha E. Eppley, wife of John B. Eppley now resides shall be appointed by the same appraisers selected to appraise my son John H. Garber’s lot and the said Martha E. Eppley wife of John B. Eppley shall have her choice to take said house and lot as her share, with this provision should the appraised value placed on said house and lot, be more than her share, she shall pay out enough into the general fund of my estate to make her share equal to the rest of my heirs, but should the appraised value of said house and lot not be enough to make her share equal with the other children, then she shall be paid enough out of my estate to make her share equal with the other children. Should my daughter Martha E. Eppley wife of John B. Eppley, not wish to own or take the house and lot of ground on which she now lives in the town of Union Bridge, and prefer to have her share in cash money, then my executors hereinafter named shall sell the said house and lot of ground at public sale at the same time and place and on the same terms as the rest of my real estate is sold and the said Martha E. Eppley wife of John B. Eppley shall take her share in dollars and cents of my estate to make her equal with my other children.” IV. The remainder of my real estate I now own in the town of Union Bridge adjoining the house and lot devised to my daughter Martha E. Eppley wife of John B. Eppley, I wish my executors hereinafter named to divide the said piece or lot of ground into three equal lots of ground and sell the same at public sale on the same terms, time and place as the rest of my real estate is sold and the proceeds there from go to the general fund of my estate V. All the rest of my estate both real and personal that I may own at my death, I hereby authorize my executors to sell at public sale and convey the real estate, and distribute the proceeds arising from both real and personal property with the general fund of my estate to the parties or heirs entitled according to clause III of this will. VI. Lastly I hereby appoint my son John H. Garber and my son-in-law John B. Eppley, to be the executors of this my last will and testament authorizing them to do every act and thing necessary to settle my estate and I do hereby revoke all other wills by me heretofore made, ratifying this and no other to be my last will and testament. In testimony whereof I do hereunto subscribe my name and affix my seal this eight day of June in the year of our Lord one thousand eight hundred and ninety-five. Signed, sealed, published and declared by William Garber the above estator as and for his last will and testament in the presence of us: William H. Dotterer Edward O. Norris David O. Metz |