I, Nathan Webb, of the City of Baltimore in the State of Maryland, being sick and weak in body, but of sound and disposing mind, memory and understanding, do make and publish this my last Will and Testament, in manner and form following, that is to say after my debts and funeral charges are paid, I give and devise and bequeath as follows:
ITEM, I give and bequeath unto my beloved Wife, Martha H. Webb, all my furniture and household effects of every sort and description, at present contained in my residence, No. 326 West Saratoga Street, in said City.
ITEM, I will and direct that the amount received from the Policy of Insurance upon my life for five thousand Dollars in "The Mutual Benefit Life Insurance Company" of Newark, State of New Jersey, be invested by my Executors, hereinafter named, as soon after my death as the same may be done advantageously, in first class permanent ground rents, in said City, in the name of my brother Henry A. Webb, to be held by him and his heirs, In Trust, for the use and benefit of my beloved Wife, Martha H. Webb, during the term of her natural life, if she shall so long continue my Widow and unmarried, with no power to my said Wife to dispose of the said equitable life estate or any part thereof, in any way or to encumber the same, and from and immediately after her death or second marriage, whichever may first occur, then In Trust for the use of my children living at the time of her death, or second marriage, share and share alike, and in the event of the death of either of said Children, then, in further trust, for the use of the survivors or survivor of them, and from and immediately after the death of such survivor then to the child or children of such Survivor, living at the time of his or her death, free, clear, and discharged from said Trust.
ITEM, It is my Will that the amount that I have in business with my said brother Henry, trading under the name and firm of N. Webb & Brother remain in said business , and I earnestly request my said brother to use that same to the best possible advantage, and to pay over to my Wife, in monthly installments for the support of herself and my children and for their education, half of the net profits of the said business, less the Salary that he may from time to time pay to a competent salesman to fill my place. But if the whole of my share of said net profits (that is one half less said salary) exceed what may be necessary for the support of my said family and the education of my children, then I direct that the balance be invested, from time to time, in said business and placed to the credit of my Estate, provided however, that during the time that my said Brother Henry should see fit, to so continue said business, said Martha H. Webb shall remain my Widow and unmarried, in the event however of her death or second marriage, during said time, then I will that the whole of said net profits, if necessary, be devoted to the support and education of my said children the the balance, if any, invested as aforesaid.
And I request that my said brother Henry continue in his employment Leonard Burbank and that he receive a liberal compensation for his services. And I further will and direct that upon the death of my said brother Henry, or upon his determining no longer to carry on said business, that my interest therein be sold, and that the proceeds of the
sale thereof together with the share due my estate of the amount collected from the debts at the time due and owing to the concern, be invested, as soon as the money from such sale and collections is received, in first class permanent ground rents in said City in the name of David Burbank, to be held by him and his heirs, In Trust for the use and benefit of my Wife, Martha H. Webb, if she be then living and my widow and unmarried, during the time of her natural life if she shall so long continue my Widow and unmarried, with no power to my said Wife to dispose of said equitable life estate or any part thereof, in any way or to encumber the the same said from and immediately after her death or second marriage, whichever may first occur, then, In Trust, for the use of any children living at the time of her death or second marriage & share and share alike, and in the event of the death of either of said Children, then in further trust, for the use of the survivors or survivors of them, and from and immediately after the death of such survivor, then to the child or children of such survivor living at the time of his or her death, free, clear and discharged from said Trust, and in the event of my said Wife dying before my said brother Henry, and while he is carrying on said business, then I will and direct that upon his death, or his declining longer to continue said business, that the said proceeds of sale and collections be invested, as aforesaid, for the use of my children then living, share and share alike, and on the death of either of said children then to the survivors or survivor and his or her heirs as aforesaid.
ITEM, I hereby constitute and appoint my said brother Henry A. Webb, Guardian of my children during their minority, and I beg that he will see that they be properly educated.
AND LASTLY, I do hereby appoint and constitute my said Wife Executrix, and my said brother Henry A. Webb Executor of this my Last Will and Testament, revoking and annulling all former Wills by me heretofore made and ratifying and confirming this said document to be my Last Will and Testament.
IN TESTIMONY, Whereof, I have hereunto set my hand and affixed my seal on this twenty third day of June, Eighteen hundred and sixty five.
NATHAN WEBB (seal)
Signed, sealed, published and declared by Nathan Webb, the testator aforenamed,is and for his last Will and Testament, in the presence of us, who at his request in his presence and in the presence of each other have subscribed our names as Witness thereto.
George E.
Sangston
James D. Lowry
Theo. B. Horwitz
BALTIMORE CITY, On the 7th day of November 1865 came Henry A. Webb and made Oath on the Holy Evangely of Almighty God that he doth not know of any Will or Codicil of Nathan Webb late of said City, deceased, other than the above instrument of writing, and that this Will was found in the Safe of the firm of Nathan Webb & Bro. after his death on the 6th day of November 1865.
Sworn to in open Court, Test: ISAAIC T. COOK, Register of Wills for Baltimore City..... BALTIMORE CITY,: On the 7th day of November 1865 came George E. Sangston, James D. Lowry, and Theophilis B. Horwitz, the three subscribing witnesses to the aforegoing last Will and Testament of Nathan Webb, late of said City, 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 they subscribed their names as Witnesses to this Will, in his presence, at his request, and in the presence of each other.
Sworn to in Open
Court,
Test: ISAAIC T. COOK, Register of Wills for
Baltimore City
**See Renunciation Folio 33.