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Last Will and Testament George Scarf of Baltimore County, Dated 31 Dec 1844, Proved 8 Feb 1845
Renunciation of George W. Scarf and James H. Scarf
Renunciation of Ann Maria Moore and Others
George Scarf Administration Bond
Be it known, the I, George Scarf, of the City of Baltimore, in the State of Maryland, being sick and weak in body but of a sound disposing mind, memory and understanding, considering the certainty of death and the uncertainty of the time thereof, do make and publish this as my last Will and Testament in manner following, that is to say:
I order and direct all my just debts and funeral expenses to be fully satisfied and paid out of my Estate.
Item. All the ready money or cash in my possession at the time of my deceases I give to my dearly beloved wife Mary Scarf, and my children George W. Scarf, James H. Scarf, William W. Scarf, Nelson Scarf, Ann Maria Moore, Mary Starr, Louisa Ruckle and Caroline V. Scarf to be equally divided between them.
Item. I give and devise to my son George W. Scarf my silver watch: to my four sons above named I give all my plastering tools and implements and to my daughter Caroline V. Scarf, I give the Bureau now in her possession.
Item. In case the term of servitude of my Mulatto Boy Charles shall not have expired before the decease of my wife, then immediately after her death, I do herby declare him to be free and released from bondage and slavery.
Item. I give, devise and bequeath, all the rest and residue of my estate, real, personal, and mixed, unto my two sons George W. Scarf and James H. Scarf, above named and the survivor of them, and the Heirs, Executors, and Administrators of the survivor, In trust, for the uses and purposes hereinafter mentioned, expressed, and declared, of and concerning the same and for no other use, trust or purpose whatever, that is to say. In trust, that the name be preserved and kept together, and made productive during the life time of my beloved wife Mary Scarf, and that she be permitted and suffered, during the term of her natural life, to use and enjoy all my household and kitchen furniture, with any one of my houses and lots that she may select, and the rents issues, and profits of such house and lot, take, receive and apply to her own separate use and benefit during that period; and in further trust, that out of the income of the residue of my Estate, there shall be paid to my said wife annually, by my said Trustees, or the survivor of them the sum of One hundred and fifty dollars ($150) in equal quarterly payments, during her natural life for her support and maintenance. And in further trust, that the balance of such income during the life time of my said wife, after payment of taxes, repairs, and incidental expenses, shall annually, by my said Trustees, or the survivor of them be disposed of in manner following: that is to say, four ninths thereof to be equally divided between my said sons George W. Scarf, James H. Scarf, William W. Scarf, and Nelson Scarf their Heirs, Executors, Administrators and Assigns, in equal proportions; four other ninth parts thereof to be held by my said sons George We. and James H. Scarf, and the survivor of them, and the Heirs, Executors, and Administrators of the survivor, In trust, that one ninth shall be paid over annually to each one of my four daughters, namely, Ann Maria Moore, Mary Starr, Louisa Ruckle and Caroline V. Scarf, respectively, without being subject to the control, power or disposal of their husbands respectively or liable for the payments of their debts or bound for the fulfillment of their contracts or engagements and the receipts of my said daughters respectively alone, whether sole or covert, shall be good and sufficient a quittance and discharges therfor: and in the event of the decease of any of my said four daughters during the lifetime of my said wife, the share or shares of the daughter or daughters so dying shall become the property of their child or children respectively, and for the want of such child or children, then the same shall go to or towards the support, maintenance and education of my four grand children: George S, Lauretta, Adeline and Frances Johns the children of my deceased daughter Eliza Johns, and in case of the decease of any of my said Grand children, during the life time of my said wife, under age and without issue living at his or her death, the share or shares of him, her or them so dying shall go to and become the property of the survivors or survivor of them. And in further trust, immediately after the decease or my said wife, that the said rest and residue of my Estate shall be divided into nine equal parts or shares which I devise, bequeath, and dispose of in manner following, that is to say. One of said parts or shares I give to my said son George W. Scarf, his Heirs, Executors, Administrators and Assigns for ever. One other of said parts or shares to my said son James H. Scarf, his Heirs, Executors, Administrators and Assigns for ever. One other of said parts or shares to my son William W. Scarf, his Heirs, Executors, Administrators, and Assigns for ever. One other of said parts or shares to my son Nelson Scarf, his Heirs, Executors, Administrators, and Assigns for ever. four other parts or share shall be held by my said sons George W. and James H. Scarf, and the survivor of them, and the Heirs, Executors and Administrators of the survivor in trust that each one of my said daughters Ann Maria Moore, Mary Starr, Louisa Ruckle and Caroline V. Scarf, respectively, be suffered and permitted, during their respective natural lives, to have, hold, use, possess and enjoy one of said parts or shares, and the rents, issues, and profits thereof to receive, take, and apply to their sole and separate use and benefit, respectively, without being subject to the control, power, or disposal of their respective husbands, or liable for the payment of their debts, or bound for the fulfillment of their contracts or engagements. and the receipts of my said four daughters respectively, alone, whether sole or covert, shall be good and sufficient release and discharges for such rents, issues, and profits, and from and immediately after the decease of my said four daughters respectively, then in trust that the principal Estate of one of said four parts or shares shall go to and become the property of their child or children respectively, his, her, or their Heirs, Executors, Administrators, and Assigns absolutely, if more than one as tenants in common, to be equally divided between them share and share alike the issue of any deceased child of my said four daughters respectively if any such issue there should be to have and take the part or share the parent of such issue respectively would, if living, be entitled: and in the event of the decease of any of the children of my said four daughters respectively, under age and without issue living, the part or share of him, her, or them so dying, shall go to his, her, or their surviving brother or brothers and sisters or sisters. And in case it shall so happen that either of my four daughters shall depart this life without leaving a child or children or descendants of the same living at her decease, then in trust that the part or share of the daughter or daughters so dying, shall go to and become the property of my other children, their Heirs, Executors, Administrators and Assigns for ever: and the remaining ninth part or share I give, devise, and bequeath to my said four grandchildren George S, Lauretta, Adeline and Frances Johns, their Heirs, Executors, Administrators, and Assigns absolutely, to be equally divided between them share and share alike. The income and profits arising therfrom, however, during their minority, respectively, to be appropriated and applied by my said Trustees, or the survivor of them, to or towards the support, maintenance and education of said grandchildren. And in the event of the decease of any of my said grandchildren, under age and without issue living at his or her death, the part, share or proportion of him, her, or them so dying, shall go to and become the property of the survivors or survivor of them. And in case all my said four grandchildren shall depart this life without having a child or children, or descendants of the same living, then in trust that said one ninth part or share shall go to and become the property of my said children George W. Scarf, James H. Scarf, William W. Scarf, Nelson Scarf, Ann Maria Moore, Mary Starr, Louisa Ruckle, and Caroline V. Scarf, their Heirs, Executors, Administrators, and Assigns for ever as tenants in common, equally.
Lastly, I do herby nominate and appoint my said sons George W. and James H. Scarf, to be the Executors of this m last Will and Testament hereby revoking all former Wills by me made and declaring this to be my only one.
In testimony whereof, I the said George Scarf have hereunto subscribed my name and affixed my seal, this thirty first day of December in the year of our Lord One Thousand Eight Hundred and Forty Four.
George Scarf [Seal]
Signed, sealed, published and delivered by George Scarf, the testator, to be his last Will and Testament
in the presence of us who in his presence at his request and in the presence of each other, have hereto
subscribed our names as witnesses.
James Girvin
Joshua Hering
Fielder Israel
Baltimore County Ss. On the 8th day of February 1845, came James Girvin, Joshua Hering and Fielder Israel,
the trhee subscribing witnesses to the afergoing last Will and Testament of George Scarf, late of said County
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 the subscribed their names as witnesses to this Will in his presence at his request and
in the presence of each other. Sworn to in Court.
Test D.M. Perine, Register of Wills for Baltimore County.
We George W. Scarf and James H. Scarf, appointed Executors in the last Will and Testament of George Scarf, late of Baltimore county deceased, do herby refuse to act as Executors of said Will and do therefore renounce all our right to Letters testamentary upon said deceased's Estate, and all right, title and claim that we may or could have had by virtue of said appointment. In testimony whereof, we hereunto subscribe our names this 8th day of February 1845.
| Witness | George W. Scarf |
| George R. Dodge | James H. Scarf |
The undersigned next of kin of George Scarf, late of Baltimore County deceased, do herby refuse to administer upon the Estate of the said deceased, and do therefore renounce all our right, title and claim to the Administration with the Will annexed thereof, desiring at the same time that Letters may be granted to John W. Walker. In testimony whereof, we hereunto subscribe our names this day of February 1845.
| Witness | Ann Maria Moore |
| Charles Klassen | Nelson Scarf |
| Louisa Ruckle | |
| Caroline V. Scarf | |
| Mary Scarf her mark x | |
| William Stall | William W. Scarf |
| H. Starr | Mary Starr |
Received to be recorded on the 20th day of February 1845, same day filed, and recorded and examined. Test D.M. Perine, Register of Wills for Baltimore County
Maryland, Sc. Know all men by these Presents. That we, John W. Walker, Patrick Caughy and Jacob Zimmerman all of Baltimore County, are held and firmly bound unto the State of Maryland, in the full and just sum of Twenty thousand Dollars, to be paid to the State of Maryland aforesaid: To which payment, well and truly to be made and done, We bond ourselves and every of us, our and every of our Heirs, Executors, and Administrators, in the whole, and for the whole, jointly, and severally, firmly by these presents, sealed with our seals, dated this 21 day of February in the year of our Lord Eighteen hundred and forty five.
The condition of the above obligation is such that if the above bounded John W. Walker shall well and truly perform the office of Administrator with the Will annexed of George Scarf late of Baltimore County, deceased, according to law, and shall in all respects discharge the duties of him required by law, as Administrator with the Will annexed aforesaid, without any injury, or damage to any person interested in the faithful performance of the said office, then the above obligation shall be void, it is otherwise to be in full force and virtue of law.
| Signed, Sealed and delivered in the | John W. Walker [seal] |
| presence of D.M. Perine | Patrick Caughey [seal] |
| J. Zimmerman [seal] |
Approved by the Orphans Court of Baltimore County on the 21st day of February 1845.
same day filed, and recorded and examined.
Test. D.M. Perine Register of Wills for Baltimore County.
Contributed 14 Nov 2001 by Mark T. Scharf
Source: LDS Family History Library in Salt Lake City, the Baltimore County Wills 1844-1845,
Book 20, Page 242. Film Number: 0013599, item 2.
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