Will of Benjamin Gorsuch 1889

Will of Benjamin Gorsuch of Baltimore County, MD, Dated 13 April 1889

I Benjamin Gorsuch of Baltimore County, in the state of Maryland being weak in body but of sound and disposing mind, onjury(?) and understanding, considering the certainty of death and the uncertainty of the time thereof and being desirous to settle my wordly affairs do therefore make and publish this y last will and testament in maner and form following, that is to say, After all my just debts and funeral charges are paid, I devise and bequeath as follows:

Item, I give, devise and bequeath unto my wife Elizabeth Gorsuch her choice and selection of any and all household and kitchen furniture I may have at the time of my decease and one Cow and one horse her own selection to be absolutely aand after all due allowances for expenditures in the way of necessary repairs, taxes, and other expenses incident to the keeping up of my property in the City of Baltimore shall have been paid out of the profits and income of said property I will and bequeath unto my said wife an equal share of the surplus of said profits and incoe with each of my sons for and during her natural life or widowhood to be paid to her annually, but in case said property should be sold as hereinafter provided, previous to the death or marriage of said wife then and in case myexecutor hereinafter named shall so arrange the investment of a portion of the proceeds of said sale so that my said wife shall derive an annual income therefrom not less than shehad been receiving previous to the said sale, And I further give and devise unto my siad wife for and during her natural life or widowhood only my home farm on which I now reside containing about one hundred and thirty acres and after death of marriage, whichever should first occur, I give and devise my said home farm unto my son Lewis A. Gorsuch for and during the time of or terms of his natural life and after his ----- his child or children in wedlock lawfully begotten, and -------children to be divided between them share and share alike. but in case he should die without issue lawfully begotten then said farm shall be sold by my surviving executor and the proceeds of such sale distributed to my sons then living and their lawfully begotten child or children then living of any deceased son of mine in manner as follows:

Said proceeds shall be divided into as many equal shares as there are sons of mine then living and sons of mine then dead who have left lawfully begotten child or children and each son then living shall have one said shares and said child or children of each deaceased son one share.

Having given mmy son Thomas J. Gorsuch two thousand? two hundred and fifty four dollars I give nothing more except as hereinafter bequeathed.

Having given my son Jacob S.Gorsuch but thirteen hundred dolloars, I devise and bequeath unto him five hundred dollars in money and the lot of land containing seven and a half acres mor or less which I purchased from J. Heath(?) Wisner; said lot of land I bequeath to him for and during his natural life, and after his death to his childrenin fee simple, nothing more except as herein after bequeathed,

Having given my son George W. Gorsuch money and property amounting to twelve hundred and ninety dollars, I devise and bequeath unto him in addition, for and during his natural life only and after his death to his child or children lawfully begotten a lot of land opposite his house called "Yoehoe" containing twenty eight and a half acres more or less and half of my woodlot adjoining said lot called "Yoehoe" provided that in case said George W. Gorsuch should die leaving no lawful issue be sold by my executor and the proceeds distributed to my sons then living and the lawfully begotten children of a deceased son or sons in the same or a like way and manneras is set forth in the bequest hereintofore ade of my homefarm unto my son Lewis, I do not give said George W. Gorsuch any more of my estate except as hereinafter bequeathed.

Having given my son B. Howard Gorsuch property amounting in value to one thousand dollars, I give and bequeath unto him the sum of eight hundred dollars in addition these and nothing more except as hereinafter bequeathed.

I give, devise, and bequeath unto my son Lewis A. Gorsuch the sum of five hundred dollars in addition to the bequest of my home farm as hereinbefore bequeathed and nothing more except as hereinafter bequeathed.

Having given unto each of the four of the children of my deceased daughter Sarah Benson the sum of one hundred dollars, I do not give them any more of my estate.

I give, devise, and bequeath unto Harry A. Benson, and Dora L. Benson the sum of one hundred dollars each to make them stand equal with their brothers and sisters who have each received one hundred dollars.

Having given John G. Miller, husband of my deceased daughter Hester five hundred dollars to distribute bwtween his and my deceased daughter's children, I do not give them any ore of my estate.

Item, I give, devise, and bequeath, unto my grand daughter Della Miller one hundred dollars.

Having given my daughter Elizabeth A. Benson, five hundred dollars, I do not give her any more of my estate.

All the rest and residue of my estate whether real or personal and whereever situated or found shall be sold by my executors hereinafter named and the money arising from such sale or sales together with any other money belonging to the estate not herein provided for, shall be equally divided among all my sons viz: Thomas J. Gorsuch, John E. Gorsuch, Jacob S. Gorsuch, George W. Gorsuch, B. Howard Gorsuch, and Lewis A. Gorsuch subject to the condition that in case one or more of my sons shall die leaving no child or children lawfully begotten, thanand in that case his or their share or shares under this residuary clause shall be equally divided among those having a lawfully begotten child or children and if any one of y siad sons has died and left a lawful child or children such child or children shall have its father's share.

In order to pefect and sale of my real estate made by my executors, I hereby fully authorize and empower them to make and execute all and every kind of proper and necessary conveyance of said real estate to the purchase or purchasers thereof.

....the legatees under this will shall not be satisfied with all the bequests, conditions, and provisions therein contained or shall by deed or act anifest any intentions todelay ro obstruct part or parcel of this will by litigation or otherwise shall have but the sum of twenty five dollars only, in lieu of all bequests to him or her contained therein and if any so acting should therein be named as an executor his act in opposing any part or parcel of this my siad will shall forever debar him from acting as executor notwithstanding appointments by e as executor.

And Lastly I do hereby constitute and appoint my three sons B. Howard Gorsuch, John E. Gorsuch, and Lewis A. Gorsuch to be sole executors of this my last will and testament revoking and annulling all former wills by mme heretofore made, ratified, and confirming this and non other to be my last will and testament, In testimony whereof I have hereunto set my hand and affixed my seal this thirteenth day of April A.D. eighteen hundred and eighty nine.

Benj. Gorsuch {seal}

Signed Sealed Published and declared by Benjamin Gorsuch 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 presence of each other have subscribed our names as witnesses thereto:
Silas V. Miller
William H. Tracey
Craver M. Cole
Thos. G. Rutledge

We the undersigned family physicans of Benjamin Gorsuch above testator do hereby certify that in the capacity of---- physicans, we have visited him frequently and that in ------ course with him as such we have found him a man of strong and sound mind and that on the day of the date of the forgoing will he was fully capable to execute a valid deed or contract.
A. R. Mitchell MD
On this 29th day of April 1889 I visited Benj. Gorsuch professionally and fully endorese above statement in reference to his mental capability.
F. D. Meitchell M. D.

Baltimore County SS. On the 18th day of September 1889 came B. Howard Gorsuch, and made oath on the Holy Evangley of Almighty God that he does not know of any other Will or Codicile of Benjamin Gorsuch, lateof said County, deceased, other thanthe above instrumment ....

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