Will of John E Taylor 1859

Last Will & Testament & Codicil of JOHN E. TAYLOR of Baltimore County, Dated 6 August 1859

I, John E. Taylor, of Baltimore County, in the State of Maryland, do make and declare this instrument to be my last will and testament after my wife's dower in the real estate and her legal right thereof in my personal estate are taken out, I devise and bequeath as follows:

My slave Sandy I direct shall be free at my decease and I also give and devise to John Kelly and Daniel Haubert in trust the lot or parcel of ground lying on the southeast side of the York Road beginning at the Northwest corner of Munna's lot; thence running northeasterly and binding on the southeast side of the York Road sixty-eight feet; thence south eighty-nine and one-half degrees east and parallel with Munna's lot to the nortwesternmost side of a road, as now used; thence southwesterly binding on said road south forty-six and one-half degrees west seventeen perches to the turn or crook in said road; thence north eighty-nine and one-half degrees west about one perch to the southeast corner of the lot leased to Naughton; thence north half a degree east binding on said lot one hundred and thirty-two feet to the northeast corner thereof; thence north eighty-nine and one-half degrees west still binding in part on said lot twenty-six perches more or less to the beginning. Also the lot or parcel of ground beginning at the beginning of the whole lot No. 34 being part of the track of land called "Sheridan's Discovery" and running thence binding on the first line of said whole lot north fifty-three degrees west thirty-eight and one-tenth perches; thence south seventy-five degrees west nine and eight-tenths perches; thence south twenty degrees east thirty-two and one-half perches to the outline of the whole lot belonging to me; thence north seventy degrees east binding on said outline to the place of beginning; containing four acres of land more or less; also all of my right and title and especially the reversion and remainder in and to the lot east of Munna's lot, which was leased as above mentioned to Naughton and it is now occupied by his widow, the same being about one hundred feet by one hundred and thirty-two feet. To have and to hold said real estate unto the said John Kelly and Daniel Haubert and to the survivor of them and to the heirs and assigns of such survivor in trust to collect and pay over the income, rents and profits thereof as often, at least as semi-annually, unto the said Sandy so emancipated as above mentioned and to his heirs forever. And I empower and authorize the said trustees and the survivor of them and the heirs and assigns of such survivors to lease said real estate or an part thereof as may be most expedient and advantageous for the said Sandy and to his heirs forever.

I give and bequeath to Philip Courteny of Govanstown the sum of fifty dollars.

I give and devise all the rest residue and remainder of any estate, real, personal and mixed, unto Ellen Kelly, wife of John Kelly, Jane Haubert, wife of the said Daniel Haubert, and Sarah Daugherty, wife of Edward Daugherty, equally, to be divided between them, share and share alike. To have and to hold the same unto the said Ellen, Jane and Sarah free from all marital control, power or responsibility and to their heirs and issue forever. But this devise and bequest is upon two express conditions; first, that the said Ellen, Jane and Sarah shall pay to Daniel Haubert one-third each of whatever amount of indebtedness, if any, I may owe him at the time of my death, and secondly, that the said Ellen, Jane and Sarah shall pa to Martha Pentoney during her life the sum of ten dollars; and I expressly charge said rest, residue and remainder of my estate with the payment of said debt and annuity.

I appoint John Kelly and Daniel Haubert my executors and I request and expect them to make no charge for settling up my estate. In testimony whereof I hereto set my hand and seal this 6th day of August in the year of our Lord Eighteen Hundred and Fifty-nine.

John E. Taylor.

Signed, sealed, published, etc. in the presence of Owen Bouldin, Thomas Cross and William B. Perrin.

Daniel Haubert qualified as Executor and Trustee. John Kelly declined to act and was excused from doing so.

CODICIL

Whereas I, John E. Taylor, of Baltimore County, State of Maryland, have made and duly executed my last will and testament dated the 6th day of August, 1859, and am desirous of altering a part thereof as hereinafter mentioned, confirming the said will in all other particulars.

And whereas in and by my said ill I have devised and given to John Kelly and Daniel Haubert and the survivors of them and to the heirs and assigns of such survivors certain real estate and property in trust as therein mentioned for the benefit of my servant Sandy and his heirs forever with power to them as therein mentioned to lease said estate as may be most expedient and for the benefit of said Sandy and his heirs. Now therefore I revoke the said gift and devise to John Kelly and Daniel Haubert and to the survivors of them and to the heirs and assigns of such survivors, said real estate and property in trust to collect and pay over the income, rents and profits thereof as often at least as semi annually unto the said Sandy, otherwise called Alexander Johnson for and during the term of his natural life, and, upon his death to his children then living, and if he die without leaving children living at the time of his death, then I give and devise said real estate and property in the same manner in every particular as I have in and by my said will given and devised all the rest, residue and remainder of my estate, that is , to Ellen Kelly, Jane Haubert and Sarah Daugherty. To have and to hold the same as in and by said will is directed and I empower and authorize the said trustees and the survivors of them and the heirs and assigns of such survivors to lease said real estate, or any part thereof as may be most expedient and advantageous to the said Sandy and his children.

Next paragraph changes the name of Philip Coureny to Patrick Courtany.

In testimony, etc.

John E. Taylor

Signed, sealed and declared, etc., in presence of John Bosley of G., George F. Wheeler, W. B. Perrin.

NOTES:
Sandy Taylor petitioned Court to allow sale of property. Jane Haubert offered to buy at $500. Court refused private sale and ordered sale at public auction. George E. Hooper appointed by court trustee to sell property for benefit of Sandy and his children, owing to Sandy's wife having cancer and no help or money. Property sold at public auction to John E. Stansbury for $710. Sale ratified by court. There is no life estate after Sandy's death, owing to fact that Sandy left two children. If Sandy had died without children, or if his children had died before he did, then property would have come back to parties named in will. Therefore, as Sandy left two children when he died there is no longer any life estate and the property was rightfully sold by the court and is entirely legal and will never come back to heirs. All of these proceedings can be found at Towson Court house in a case entitled Alexander Johnson vs... Taylor Johnson and Alfred Johnson, John Kelly and Daniel Haubert, Trustees. I also examined the deed from George E. Hooper trustees to John E. Stansbury, which is also on record at Towson.
/s/ Agnes (Connelly) Kelly.
January 21, 1925.

Contributed by Kristen Cerny