Will of Joseph Swann Beard 1883

Last Will and Testament of Joseph Swann BEARD, Dated 4 Dec 1883, Proved 28 April 1884

IN THE NAME OF GOD AMEN. I, Joseph Beard of the City of Baltimore in the State of Maryland, being of sound and deposing mind, memory and understanding though in failing health, considering the certainty of death and the uncertainty of the time thereof and being desirous of settling my worldly affairs and of directing how the property with which it has pleased God to bless me, shall be disposed of after my death, 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 Executrix being after named and after all my just debts are paid and my funeral expenses settled, I give, devise and bequeath as follows:

Second, I give and bequeath unto my son Joseph S. Beard for and during his natural life and longer Twenty Thousand dollars of my Baltimore City stock upon which the interest is paid quarterly, so that he may be suffered and permitted during his life to receive and collect the interest and income to be derived therefrom, and from and immediately after the death of my son Joseph S. Beard, I give and bequeath the aforesaid twenty thousand dollars in city stock unto his children, John Joseph Beard, Hannah Josephine Beard, Margaret Fields Beard and Mary Laretta Beard, unto each five thousand dollars absolutely. I also give and bequeath unto my son Joseph S. Beard absolutely the following described property: Our brick house in Baltimore City Maryland, Number 33 East Baltimore Street between Albermarle and High Streets.

Third, I give and bequeath unto my daughter Mary Elizabeth Duncan, formerly the wife of John Caldwell (deceased), Executrix as hereafter mentioned, ten thousand dollars of my Baltimore City Stock upon which the interest is paid quarterly, to hold it in trust for the use and benefit of my son Charles Howard Beard. I desire my said trustee to suffer and permit my son Charles Howard Beard to receive and collect the interest and income derived from said stock until he shall have arrived at the full age of thirty years when said trustee shall sell one third part of said stock and pay over to my said son Charles Howard Beard the proceeds thereof, or transfer him said third part of the stock as he may elect, after such sale or transfer. I desire my Trustee to suffer and permit my said son Charles Howard Beard to collect the interest on the remaining two thirds of the said stock as before, until he shall have arrived at the full age of thirty five years, when said Trustee shall sell another third part of the stock and pay over to him the proceeds on transfer. I desire my Trustee to suffer and permit my said son Charles Howard to collect the interest and income on the remaining third part as before until he shall have arrived at the full age of forty years when my said Trustee shall deliver over and transfer unto my said son Charles Howard the remaining third part of said stock absolutely. But if my son the aforesaid Charles Howard Beard should die before attaining any one of the ages before mention, there in that case it is my will that my Trustee Mary Elizabeth Duncan shall retain said stock or any portion of it which may remain and any interest that may have accrued thereon to her own use and benefit absolutely or in case she be dead at that time, then I desire that said property be transferred to her personal representative and assigns.

Fourth, I devise and bequeath unto my daughter Mary Elizabeth Duncan all the rest of my Baltimore City stock, all my bonds and mortgages, the balance of my real estate, all notes of hand and what ever rents and debts that may be due in at the time of my death, and in general, I give, devise and bequeath unto my said daughter Mary Elizabeth Duncan all the rest and residue of my property, real, personal or mixed, that is not otherwise disposed of.

Finally and Lastly, I appoint and constitute my daughter Mary Elizabeth Duncan, formerly Mary Elizabeth Caldwell, sole Executrix of this my last will and testament, hereby revoking all other wills and testaments heretofore made by me and ratifying and confirming this which I again declare to be my last. In as much as I have perfect confidence in my daughter Mary Elizabeth Duncan, I particularly request that she shall not be required to give any bond or security whatever for the performance of her duties as Executrix. I hereby give her full authority to carry out all the provisions of this will, with or without application to the Orphans Court. In Testimony whereof I hereunto set my hand and seal on this Fourth day of December in the year of Our Lord eighteen hundred and eighty three.

Jos. Beard seal

Signed sealed published and declared by the above name testator Joseph Beard as and for his last Will and Testament in the presence of us who at his request and in his presence and in the presence of each other have hereunto subscribed our names as witnesses thereto.

Baltimore County SS. On this 28th day of April 1884 came Joseph C. Y. Duncan witness to the aforegoing last will and testament of Joseph Beard late of said county deceased and made oath on the Holy Evangely of Almighty God that he did see the testator sign and seal this will, that he heard him publish pronounce and declare the sawe to be his last will and testament, that of the time of his so doing, he was to the best of his apprehension of sound and disposing mind, memory and understanding, and at the same time cause Mrs. Mary E. Duncan made oath on the Holy Evangely of Almighty God that she is well acquainted with the signature and hand writing of the said Joseph Beard and she believes the signature to the aforegoing paper to be his.
Test. Thomas Phiel of Register of wills for Baltimore County

Baltimore County SS on the 28th day of April 1884 came Joseph C. Y. Duncan and made oath on the Holy Evangely of Almighty God that he doth not know of any other will or codicil of Joseph Beard late of said c bounty deceased other than the above instrument of writing and that received the sawe from the testator on or about the 4th day of December 1880.
Test. Thomas Phiel of Register of wills of Baltimore County

In the matter of the estate of Joseph Beard, Deceased
In the Orphans Court of Baltimore County on April 29th 1884. On the aforegoing affidavit of Joseph C. Y. Duncan and Mary E. Beard to the aforegoing paper writing. It is ordered by the Orphans Court of Baltimore County that said paper writing be and at the same sawe is hereby admitted to probate as the last will and testament of Joseph Beard deceased as a will to convey personal property.

Mark Melton
John Goutnum
B. Howard Gorsuch

Exhibited, proved and filed by order of the Orphans Court of Baltimore County on the 29th day of April 1884. Same day filed recorded and examined.
Test. Thomas Phiel of Register of Wills of Baltimore County

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