Equity Court Abstracts

These are abstracts from Equity Court Records of Frederick County, Maryland, many times providing family data on the defendant and sometimes on persons not mentioned on the docket. Some of the listings are quite informative while others, being dismissed, may only have the date and name of plantiff and defendant. However, the cases brought before the judge consisted of sworn testimony and each one holds a story. Perhaps you will find a story connected to your search.
[Records Located at Maryland State Archives]

CM-2, 1-8 - WATERS, MOLESWORTH, RICHARDSON

Thomas MOLESWORTH  vs  Isaac WATERS - Oct 1868

Land - "Mantz" Fatigue", 2+ acres; 
To Richard WATERS and Isaac WATERS (two coloured men) for $53;
from Thomas MOLESWORTH & w/ Mary A. in 1860.  Adjoins lot of
Maranda RICHARDSON (coloured woman).

Richard WATERS lived on the property for some years and made
improvements, then in 1868, he and his wife, Elizabeth WATERS, 
sold their share to Thomas MOLESWORTH for $280.
Some years ago, Isaac WATERS enlisted in the Army of the United
States and does not reside in the state.  Asks for sale of
real estate.

Trustee was Joel HALL.  Sale was held 27 March 1869 on the premises, 
about 1 mile north of turnpike from Frederick to New Market on the
road to Prospect Chapel in New Market District; high bidder was:
- Thomas MOLESWORTH at $430

Distribution:  court costs, $109.90
- Thomas MOLESWORTH, 1/2, $160.05
- Isaac WATERS, 1/2, $160.05

Filed 29 May 1869.



CM-2, 8-47 - TODD, BRENGLE, BROWN, HOLLUM, ADAMS, BUXTON, PICKETT, DAVIS, TUCKER, THOMPSON, 
JOHNSON, CROWEL, GROVE, BURDET, NELSON, DEITRICK, HARRISON, RUNKLES, SAYLOR, MULLINIX, BAKER

Charles W. TODD & Others  vs  Ruth GROVE & Others - Jun 1868

Benjamin TODD of Carroll County, d/ Dec 1866, intestate
widow - Ruth, now w/o Samuel E. GROVE - Carroll County
They had no lawful children.

bro/ Samuel TODD & w/ Airy - Carroll County
.....Samuel B. TODD - Baltimore city

bro/ Charles W. TODD
bro/ Vachel B. TODD & w/ Margaret - Out of State

sis/ Lucy TODD, dec'd w/o John BRENGLE
.....Charles W. BRENGLE
.....Vachel BRENGLE
.....Mary BRENGLE  w/o J. R. HOLLUM
.....Susan BRENGLE  w/o John ADAMS
.....Margaret BRENGLE  w/o Vachel TODD
.....Sarah BRENGLE  w/o J. T. BUXTON
.....Ellen BRENGLE  w/o Upton BROWN
.....Julia Ann BRENGLE  w/o ______ PICKETT

bro/ Alexander TODD, dec'd
.....Mary E. TODD  w/o Peter DAVIS
.....Ira W. TODD
.....Rachel R. TODD  w/o J. E. TUCKER
.....Ann Jenette TODD
.....Margaret A."Maggie" TODD  w/o James F. THOMPSON
.....Susan C. TODD  w/o Henry JOHNSON
.....Benjamin W. TODD
.....Martha A. TODD  w/o William L. CROWEL

sis/ Mary TODD, dec'd w/o _____ BROWN
.....James H. BROWN

LAND:
- "Hobbs Purchase", 8+ acres, in New Market, on road from Bartholow's 
Switch to Watkins' Mills. Improved with a log house.
From Harry LUCKETT, atty for Basil LUCKETT in 1863 
(previously from Samuel TALBOTT & w/ Catharine in 1857).
 
- "Shivers Integrity", stone House & Lot, 1 acre, in Ridgeville in Carroll 
County on Frederick-Baltimore Turnpike, Opposite Frederick GRIMES' 
Tavern.
From William HOBBS of Samuel in 1829.  

- "Shiver's Integrity", House & Lot, 1 acre, in Ridgeville in Carroll County.
Part from William HOBBS of Samuel and part from Margaret GRIMES in 1836.

- "Parr's Ridge", House & Office & Lot, 2 acres, also in Ridgeville, on Baltimore
to Frederick turnpike, about a mile and a half from Mount Airy on the 
Baltimore & Ohio Railroad.
Improved with a 2-story frame house, back buildings attached, stable, corn 
house, etc. and fruit trees.
From William HOBBS Sr & w/ Susan in 1832.  

- Home & Farm of Benjamin TODD, 100 acres, in Ridgeville. 
From John C. DUVAL, trustee of William T. DUVALL, dec'd, of Carroll County 
in 1866.

- "Parr's Ridge", House & Lot, in Parrsville, Carroll County, on Baltimore 
to Frederick turnpike.
From John CAIN & w/ Mary Ann in 1861 (Previously from James A. ALBAUGH).

- "Trouble for Nothing" and "Hampton Continued", 35 acres, in Howard & Carroll 
Counties.
From William RUNKLES & w/ Amelia of Sangamon Co, Illinois in 1856.

- 140 acres (4/5 share), in Howard County; with interests to Leven HOOD 
& w/ Caroline, James HOOD and Kitty HOOD, all   of Howard County; 
Conveyed to them by themselves and Samuel T. HOOD and Joshua TODD Jr, 
Benjamin TODD & wife and John HOOD & wife in 1841 in Anne Arundel County.  
Also conveyed from Samuel B. HOOD & w/ Juliet Ann of Howard County in 1863.

- "Parr's Ridge", 2 acres, in Carroll County, located at crossing of the old tract 
of Baltimore and Ohio Railroad with Frederick-Baltimore Turnpike at Parrsville.
From George HASELTON.

- "Warfield & Snowden" and "Neal's Chance".
To Leven HOOD from Eudolphia L. JACKSON of Howard Co, MO in 1867 
(previously from Kitty HOOD to Leven HOOD and others, which Eudolphia 
 inherited from her mother, Letitia TODD, formerly Letitia HOOD).
(1/5 share is to Leven HOOD)

Samuel TODD & w/ Airy conveyed his interest to his son, Samuel B. TODD 
of Baltimore city in 1867.

The widow, Ruth, now w/o Samuel E. GROVE, requests her dower share 
to all the land holdings be laid off for her, rather than collect her dower 
share from the sale of lands.

Trustee for the sale was James W. PEARRE. 
SALE was held 15 April 1869 at the hotel in Ridgeville in Carroll County; 
high bidders were:
- Samuel BURDET for 8+ acre Lot in New Market with small log house at $146.
- Samuel E. GROVE for lots with improvements at $540; subject to the life estate 
  of the widow in Ridgeville, on Frederick-Baltimore Turnpike, 1 mile from Mount 
  Airy Depot on Baltimore & Ohio Railroad.  It has two 2-story frame dwellings, 
  one double and slate covered, also stable, smoke house, etc.  One house contains 
  a store room.
- Robert A. NELSON for E. C. LEWIS for 2 acres with house and office at $925 
- John DEITRICK for the last residence of Benjamin TODD with 18 acres at $2,750 
  (adjoins his land).  Parcel lies in Ridgeville on the Baltimore & Frederick Turnpike, 
  about 1 1/2 miles from Mount Airy and Baltimore & Ohio Railroad.  It has a 
  2-story weatherboarded frame house with coverered portion in front and on side 
  and has freshly been painted and papered; also has a good barn, corn house, etc, 
  as well as a good office building and fine young orchard with apples, pears, cherries.
- Nimrod HARRISON for farm of 80 acres at $2,420 
- John B. RUNKLES for House & 1-acre lot in Parrsville at $355;
  two miles from Mount Airy Depot, Baltimore & Ohio Railroad. 
- John J. SAYLOR for 44 acre tract in Carroll & Howard Counties
  at $221.25 (comprised of three previous tracts).  It has chestnut
  timber and plenty of running water; previously from Wm. RUNKLES
  and wife.
- Upton MULLINIX for farm of 124 acres in Howard County at $1,271;
  with 3 log houses, log barn, good fencing and tobacco houses.
  It is well watered and has a fine orchard.
- A. J. BAKER for 2 acres of unimproved land at $17.10
- Robert A. NELSON for House & Lot in Ridgeville at $501; 
  on the Buffalo Road .  It has a 2-story log house on 1/2 acre and 
  is short distance from the crossing of the road with the Baltimore 
  & Frederick Turnpike.
Total sales, $9,146.30, plus other rents due to estate.

Distribution of $10,361.17; 
- court costs, $1,216.38 (includes commissions to trustee)
- State Collateral inheritance tax, $137.17
- John C. DUVALL, trustee, claim, $1,975
- Levin HOOD, (1/5 share of $1,271), $254.20
- Charles TODD, 1/6, $1,129.73
- Vachel B. TODD, 1/6, $1,129.73
- Samuel B. TODD, assignee of Samuel TODD, 1/6, $1,129.73
- children of Lucy BRENGLE
.....Charles BRENGLE, 1/8 of 1/6, $141.21
.....Vachel BRENGLE, 1/8 of 1/6, $141.21
.....Mary HALLUM, 1/8 of 1/6, $141.21
.....Susan ADAMS, 1/8 of 1/6, $141.21
.....Margaret TODD, 1/8 of 1/6, $141.21
.....Sarah A. BUXTON, 1/8 of 1/6, $141.21
.....Ellen BROWN, 1/8 of 1/6, $141.21
.....Julia Ann PICKETT, 1/8 of 1/6, $141.21
- children of Alexander TODD
.....Mary E. DAVIS, 1/8 of 1/6, $141.21
.....Ira A. TODD, 1/8 of 1/6, $141.21
.....Rachel R. TUCKER, 1/8 of 1/6, $141.21
.....Ann Jeanette TODD, 1/8 of 1/6, $141.21
.....Margaret A. TOMPSON, 1/8 of 1/6, $141.21
.....Susan C. JOHNSON, 1/8 of 1/6, $141.21
.....Benjamin W. TODD, 1/8 of 1/6, $141.21
.....Martha A. CROWEL, 1/8 of 1/6, $141.21
- James H. BROWN, s/o Mary BROWN, 1/6, $1,129.73

Filed 18 May 1869.



CM-2, 47-75 - BURGEE, HENDRY, WILLIAMS, SMITH, ENGLAND, ADDISON, LINTHICUM, SLAVES, MUSSETTER

Nathaniel B. HENDRY & Others  vs  John T. WILLIAMS & Others - Nov 1867

Jane BURGEE  d/ June 1866, testate

All negro slaves listed in her Will were freed by abolution of slavery in Maryland.

SLAVES 
- JIM (negro boy) (was slave for life) to friend John MUSSETTER
- ANN (servant woman) ($10 and be set free)
- LLOYD (servant man) (to set free on 1 Apr 1865; before that to
  granddaughter Jane E. WILLIAMS, w/o John T. WILLIAMS)
- UPTON & ANN MARIAH (negro boy & girl)(slaves for life) 
  to grandson Charles HENDRY Jr.
- ALPHEUS (negro boy) to grandson Nathaniel B. HENDRY
- SARY ANN (negro girl)(slave for life) to granddaughter Jane E. WILLIAMS
- HARRIET (of JANE) (negro girl)
  to granddaughter Ann Rebecca SMITH, w/o Thomas A. SMITH
- MATILDA (negro girl) to granddaughter Mary Ellen HENDRY
- MARTHA (negro girl) (slave for life) to granddaughter Martha HENDRY
None to be sold out of the state of Maryland.

d/ Eleanor  w/o Charles HENDRY Sr.

Grandchildren:
...Charles HENDRY Jr, dec'd, no issue
...Nathaniel B. HENDRY
...Jane E.  w/o John T. WILLIAMS 
...Isaac S. HENDRY
...Mary Ellen  w/o John W. ENGLAND 
...Ann Rebecca  w/o Thomas A. SMITH 
...Martha C.  w/o John D. ADDISON
...Sarah Amanda  w/o John W. LINTHICUM  
...Emily HENDRY, a minor (by friend Nathaniel B. HENDRY)

Execs/ John T. WILLIAMS & Charles HENDRY Jr.
Witnesses:  John H. WORTHINGTON, Thomas CLAGGETT, Richard PLUMMER
[ Will written 31 Aug 1857]

Codicil on 2 Dec 1863 indicated Charles HENDRY Jr had died and now replaces 
him with her daughter, Eleanor HENDRY, w/o Charles HENDRY Sr, as execs 
and trustees for minor grandchildren.
Witnessed by Thomas CLAGGET, N. J. WORTHINGTON, Nicholas WORTHINGTON.

LAND - 232 acres valued at $10,000
- "Paris the Third" (originally "Paris"), 107 acres; Lies on Bush Creek.
- "Paris the Third" (originally "Paris"), 92 acres; 
- "Duvall's Forest", 13 acres;
- "Seth's Folly", 19 acres; 
Conveyed to her by Singleton BURGEE in his Will dated 30 Jul 1838.
(Previously to Singleton BURGEE by Jacob IJAMS in 1829.)

Jane BURGEE conveyed the above estate to Jane E. WILLIAMS on 
1 Aug 1862 with provision for herself to have life estate 
(signed by mark).
Note - This directly conflicts with her prior Will of dividing everything evenly 
among all the grandchildren.

Petition claims all lands should be part of estate as Will states, to be evenly 
divided among all the grandchildren.  Defendants, granddaughter Jane E. 
WILLIAMS & husband John T. WILLIAMS, claim, in addition to keeping 
the above lands, they are also entitled to an additional share with the other 
grandchildren for any remaining estate.

Jane was named after and raised by her grandmother Jane BURGEE since she 
was three years old.

Jane's parents, Eleanor & Charles HENDRY Sr, testified the decedant intended 
to give all the grandchildren an equal share and there was no intent to give 
granddaughter Jane all that land and also an equal share with her other siblings.

More land, not conveyed to granddaughter Jane.
- Division 1 - "Resurvey on Daniel's Small Tract", 181 acres, home farm; 
on Urbana to New Market road, adjoining land of Charles E. WORTHINGTON 
and tract "Resurvey on Seth's Folly", 20 perches, on east side of Urbana 
to Ijamsville road..
From Isaac FORD & w/ Elizabeth R..

- Division 2 - "Resurvey on "Seth's Folly", 152 acres; on Urbana to New Market 
road to Burgee's Mill, being on corner of Nicholas J. WORTHINGTON's farm.

- Division 3 - "Resurvey on Daniel's Small Tract", 186 acres; near branch 
of Bennett's Creek and adjoining previous tract.
To Thomas BURGEE from Caleb DORSEY in 1809.

- Division 4 has three detached parcels totaling 82+ acres: 
  1) Mill and "Jacob's Cowpen" and part "William and John" 
     (from Thomas WOOD to Eli BRASHEARS in 1802), 35 acres; adjoins 
      land of the late Yate PLUMMER and land now of Richard PLUMMER.
  2) "William and John" (from William BRASHEARS to Thomas WOOD in 1800), 
      1 1/3 acre; with priviledges and exceptions for mill race and road 
      in previous deed.
  3) "Benjamin's First Choice" and "William and Elizabeth", 46 acres.

- Division 5 - "Carolina Farm" a/k/a "Resurvey on Daniel's Small Tract", 
201 acres;  adjoins tract "Resurvey on Solomon's Flower".
From Walter C. HAMMOND & wife to Singleton BURGEE.

Lands were valued at $29,297.80.

Divisions were allotted to:
1 - Nathaniel B. HENDRY, 181 acres, valued $7,257
2 - Martha C. ADDISON, 152 acres, valued $5,347
3 - Mary Ellen ENGLAND, 186 acres, valued $6,890
4 - Emily HENDRY, 82 acres, valued $4,767
5 - Rebecca SMITH, 201 acres, valued $5,035

Monies deemed due to the following to make equal shares:
  - Isaac S. HENDRY, monies of $4,185 as his share
  - Sarah Amanda LINTHICUM, monies of $4,185 as her share

To be paid as follows:
- from Nathaniel B. HENDRY, $3,071 
- from Martha C. ADDISON, $1,161.72
- from Mary Ellen ENGLAND, $2,700
- from Emily HENDRY, $582
- from Rebecca SMITH, $850

Additionally, Distribution of $4,515.27 was made to:
- N. B. HENDRY, 1/7, $645.03
- Isaac S. HENDRY, 1/7, $645.03
- Mary E. ENGLAND, 1/7, $645.03
- Ann R. SMITH, 1/7, $645.03
- Sarah A. KINTHICUM, 1/7, $645.03
- Emily HENDRY, 1/7, $645.03
- Martha C. ADDISON, 1/7, $645.03

Filed 7 Jun 1869.



CM-2, 76-126 - EAGLE, COOLEY, BELT, JARBOE, GRIFFITH, MILLER

George W. HORSEY, Charles W. MILLAR & Samuel BALTEN, partners
vs  Lycurgus EAGLE & wife - Aug 1865

Lycurgus EAGLE held a mercantile busines in Montgomery County in 1864
and owed huge debts to Baltimore businesses for merchandise.
In May 1865, EAGLE sold the merchandise, in original unpacked boxes, to
his brother-in-law, William A. COOLEY (husband of his wife's sister, but
later corrected to state she was a niece by Lycurgus; later record has
her as a cousin) for $3,000, allegedly applied to a debt which he owed 
to Maria BELT, wife of William H. COOLEY.  
EAGLE also mortgaged his property to William H. COOLEY and w/ Maria E. 
in 1865.

Land - "Fox Hall", Lot# 4 on Lower farm, 157 acres; to deed to wife Sarah
"Sallie" P. EAGLE in 1865.  Of this, 67 acres was sold to Daniel T. JONES 
a few months later.  In Buckeytown District, adjoins land of Daniel T.
JONES; has weatherboard house, apple orchard and fine spring on the farm.

Equity Court case in 1862 of Basil DELASHMUTT and Thomas A. JARBOE, 
trustees, in case of Basil DELASHMUTT & w/ Elizabeth Frances & Others 
vs George W. EAGLE and w/ Sarah 
- sold to Lycurgus EAGLE for $4,094, Lot# 4, 157 acres, known as the Lewis 
farm on "Resurvey on Fox Hall", adjoining Carrollton Manor and on road 
from Greenfield Mills to Adamstown, by mill and Grafton DUVALL's lot.

Testimony was heard from Charles W. MILLER, William A. R. GRIFFITH, 
George W. BURNS, Edward F. THOMAS, Curtis B. BREADY, Henry S. FORNEY, 
Daniel T. JONES, Richard F. SMALL, James FITCH, Henry S. MARKEY 
and John RITCHIE for the complainants.

For the defendants:  
- William H. COOLEY testified and stated Lycurgus EAGLE married in 
   Sep 1863 with his wife's parents' opposition, being why he deeded the 
   property to his wife.  
- L. R. NICHOLSON
- George C. FISHER
- George RICHARDSON testified his father, John RICHARDSON purchased 
   the farm in 1864 and sold it back shortly thereafter.  
- John R. BELT testified Lycurgus EAGLE deeded his property to his wife in
   case he and his son, who were both sick, should die; this would provide 
   for his wife, else his half sisters, Fannie JARBOE and Laura JARBOE, would 
   get the farm.
- Lycurgus EAGLE stated he had suffered with bronchitis since childhood and
   felt he had been mistreated by his family and his wife was now shunned by
   her previous friends and family and he wanted to provide for her.
- Sarah P. EAGLE also stated the same.

The court ruled that the deed to wife Sarah was fraudulent and monies are
due to creditors.  The deed to Jones stands, but the remainder of property
to be sold with right of dower to Sarah.  

Trustee was Charles W. ROSS. 
SALE was held at the City Hotel in Frederick on 27 Mar 1869; 
high bidder was:
- William A. N. GRIFFITH and Charles W. MILLER for for 78 acres 
   and store house lot, 120 perches, all at $24/acre; 
   on road from Adamstown to Greenfield Mills.  
   Store house was then in possession of Mr. D. FOUT.
Total sales, $1,890.30.

Sarah & Lycurgus assigned Sarah's share of dower, 1/7 ($195.37), to the 
purchasers who were of Baltimore City; balance went to various creditors.

Filed 24 Jun 1869.



CM-2, 126-135 - WELTY, AGNEW - Jul 1868

Barbara WELTY, exec/of Joseph WELTY  
vs  James WELTY & Samuel WELTY

Joseph WELTY of Marion Co, WV
w/ Barbara (was exec)

Children mentioned, but not named.

Witnesses:  W. MAHONEY, Z. O. SIMMONS, Grayson EICHELBERGER
[Will written 29 Apr 1857]

Land - 45 acres  one mile west of Emmittsburg; adjoined the lands of Franklin
WELTY and John TAYLOR; has running water in every field and a fine mountain 
spring, close by the mansion.  It had a weatherboarded house, stabling and a 
large orchard.
From Bernard WELTY by his Will to son Jacob WELTY, through Joseph M. WELTY 
with payment due to Joseph of $945.05, by mortgage.  

Property is sold subject to life estate in half the house and half the garden 
of Polly WELTY and Eliza WISE(?), both above middle age.

Jacob also was indebted by mortgage to Samuel WELTY.

Jacob WELTY  d/ 1868

s/ James M. WELTY & w/ Ellen
d/ Sarah A. WELTY

Trustee was Samuel WELTY.
Sale was held 26 Jan 1869 at Peter HOKE's hotel in Emmittsburg; 
high bidder was:
- Barbara WELTY at $2,250

Distribution of #2,250; court costs, $238.77
- Mary WELTY, her legacy, $154
- James L. AGNEW, his legacy, $28.40
- Samuel WELTY, assignee of Barbara WELTY 
  as exec, $1,253.84
- Samuel WELTY, for mortgage, $538.94
- James M. WELTY, 1/2, $18.02
- Sarah WELTY, 1/2, $18.02

Filed 13 Apr 1869.



CM-2, 135-154 - WILLARD/WILLIARD, WEAVER, REMSBURG, MYERS, THOMAS, SMITH, ERVING, SLAVES, CULLER

Philip WILLIARD, et al  vs  Fannie WILLIARD, et al - Oct 1865

George WILLIARD / WILLARD  d/ 24 Dec 1849, testate
w/ Susanna (d/ May 1864)

s/ Philip WILLARD & w/ Margaretta - Pennsylvania
d/ Mary (WILLARD) w/o Christian WEAVER - Iowa
d/ Susanna WILLARD, now w/o Dr. James WILLARD - Illinois
s/ Henry WILLARD & w/ Ellen - Western Virginia
d/ Ann Eliza WILLARD - Illinois
s/ George T. WILLARD - Frederick County
d/ Catharine WILLARD, dec'd

s/ John WILLARD (d/ 6 May 1856)
.....John M. WILLARD - Baltimore city
.....George WILLARD - Pennsylvania
.....Fannie WILLARD, a minor - Pennsylvania
.....Mary WILLARD, a minor - Pennsylvania
.....Arthur WILLARD, a minor - Pennsylvania

d/ Elizabeth (WILLARD) (d/1848) w/o Jacob REMSBURG 
.....George P. REMSBURG of J.
.....Lucinda V. (REMSBURG) wid/o Tilghman MYERS
.....WASHINGTON Z. REMSBURG
.....Gideon J. REMSBURG
.....Calvin F. REMSBURG
.....Philip A. W. REMSBURG
.....Elizabeth R. (REMSBURG) w/o Daniel/John P. THOMAS
.....Annah E/A. REMSBURG, now w/o Lewis E. SMITH
.....Albert REMSBURG, a minor

d/ Catharine ERVING (d/ 1857 w/o issue)

Land - to wife - House & Lot in Jefferson; from Dr. Lloyd DORSEY.
Included a 2-story weatherboarded house with seven rooms with kitchen 
and office attached, stable, corn house, etc.

- to son John - 100-acre farm, tanyard and blacksmith shop, the latter then 
in the occupancy of John ERVIN.  Also, two houses and lots on the south side 
of street in Jefferson; one then occupied by the widow LITTLE and the other 
by Mr SENEGA, subject to widow's dower.

- to son Henry - rest of real estate, subject to widow's dower.
- to son Philip, $600, from sons John & Henry
- to son George T., $1,000, from sons John & Henry
- to daughter Ann Eliza, $1,000, from John & Henry
- to daughter Susannah, $880, from John & Henry
- to daughter Elizabeth RAMSBURG, $600 (was advanced $400)
  from John & Henry
- to daughter Mary WEAVER, $600 (was advanced $400)
  from John & Henry
- to daughter Catharine ERVIN, $36/per year whilst she remains childless; 
  if she should have a child, $600, from John & Henry

SLAVES
- negro PERRY and female slave SARAH (to son Henry)
- negro MARY (to daughter Susannah)
- negro man PETER (to wife, upon her death, to be supported by the estate)

CODICIL
- negro VIRGINIA (oldest child of negro SARAH) (to son Henry); as well as all 
other children of negro SARAH, including future children, bequeathed to son Henry.  
(signed 26 Aug 1848)

Execs/ John WILLARD and Henry WILLARD
Witnesses:  M. B. LUCKETT, George W. HOFFMAN, Joshua JONES
[Will written 11 April 1845]

(Note - Not all children and grandchildren's names listed here appeared in the Will, 
 only in court records.)

Susanna & Eliza as single daughters were given a life estate, along with their mother, 
until they marry or die.  
After Susanna married, Ann Eliza went with her sister to Illinois.

Guardian was Joseph W. L. CARTY.  
Testimony was heard from George T. WILLARD and George P. REMSBURG.

Trustee was Henry WILLARD who, because he lived in Virginia, asked the court 
to substitue John LOATS, esquire, which the court approved.

SALE was held on 23 Mar 1867 in front of A. SPENCER's store in Jefferson; 
high bidder was:
- Henry CULLER for the House and Lot at $1,780; 
  formerly occupied by Dr. James WILLARD

Daniel CULLER and Henry CULLER, execs/of Henry CULLER, 
petitioned the court for a judgment against George T. WILLARD for $5,000 
owed to the late Henry CULLER.

Distribution of $1,780; court costs, $208.43
- held by trustee, $1,571.57

Estate is still considered a trust fund for the life of Ann Eliza WILLARD 
or upon her marriage.
Filed 8 Sep 1869.

NOTES - from Frederick County Marriage Licenses
- Catherine WILLIARD to William T. ERVIN  on 7 Dec 1838
- Mary WILLIARD to Christian WEAVER on 8 Nov 1824
- Susanna WILLARD wed Dr. James WILLARD in 1847
  (the latter by Equity Record testimony above)



CM-2, 154-157- MOLESWORTH, WATERS

Thomas MOLESWORTH  vs  Isaac WATERS - May 1869

Land -"Mantz' Fatigue", 2 1/2 acres, New Market District; 
previously from Thomas MOLESWORTH & wife to Richard WATERS
and Isaac WATERS in 1860.

Thomas MOLESWORTH purchased said property from Joel HALL, 
trustee in Equity of Thomas MOLESWORTH vs Isaac WATERS in 1869.  
Rachael WATERS, mother of Isaac WATERS, was then in possession 
of said property and refused to leave.
The court ordered her to vacate the property.

Filed 20 Sep 1869.



CM-2, 157-177 - HOGG, DOUB, PARSONS, WATERS

James HOGG & Others  vs  John K. HOGG & Others - Apr 1868

Samuel R. HOGG  d/ 1 Apr 1868, intestate
w/ Barbara Ann

s/ James HOGG
d/ Elizabeth R.  w/o Ezra DOUB - Baltimore city
d/ Amelia J. HOGG
d/ Harriet A.  w/o Simon PARSONS
d/ Rachel O.  w/o Horatio WATERS
s/ John K. HOGG, a minor
d/ Emma V. HOGG, a minor
s/ Samuel R. HOGG Jr., a minor

LAND
- Lot# 272 on Patrick St in Frederick Town with stone house; 
Improved with a 2-story stone house with back buildings, a shop 
with a soap and candle factory and machinery; adjoins lots of James 
A. GALLIGHER and Miss BAER.
From Gideon BANTZ, trustee, in 1843, in an Equity case of 1837 with 
Gideon being guardian of Mary Jane, Elmira, John & Isaac REID and 
selling the widow's dower (widow of Jacob REED).
Previously to Mary FOUT, widow of Peter FOUT.  

- "Three Springs" and "Duvall's Forrest", 69+ acres; adjoins lands of 
Jacob KELLER and William C. HOFFMAN.
From Adolphus FEARHEAKE & w/ Elizabeth in 1860.

- "Give and Take", 25 acres; from Jacob KELLER of J. & w/ Ann Elizabeth 
in 1861.

- "Altogether", Lot# 9, 31+ acres excepting right of way.
From Lewis M. NIXDORFF & Henry M. NIXDORFF, trustess (in Equity 
Case of Samuel HINKS & Others vs George SMITH & Others) in 1862.  
Previously to Henry NIXDORFF by Tobias JOHNSON & w/ Ruth in 1835.

The last three parcels appear to be adjoining to create 126 acre farm 
in New Market District which has a two-story weatherboarded house, 
stable, etc.

The heirs requested that Barbara A. HOGG be appointed trustee.
Guardian was Harman C. KOEHLER.  
Testimony was heard from Edward TRAIL and Philip B. KUNKEL.

SALE was held 10 Oct 1868 at the Dill House in Frederick city;
high bidders were:
- James HOGG & John K. HOGG for house and shop property at $7,200
- Simon PARSONS for the farm at $15.25/acre (at 2nd sale)
  Simon petitioned to be released from sale and substitute 
  J.E.R. WOOD.

Distribution of $5,732.06; court costs, $440.51
- Barbara HOGG, in lieu of dower, (1/9 of $8,990.67) $998.96
- James HOGG, 1/8, $536.69
- Elizabeth DOUB, 1/8, $536.69
- Amelia J. HOGG, 1/8, $536.69
- Harriett A. PARSONS, 1/8, $536.69
- Rachel O. WATERS, 1/8, $536.69
- John K. HOGG, 1/8, $536.69
- Emma V. HOGG, 1/8, $536.69
- Samuel R. HOGG, 1/8, $536.69

Filed 4 Nov 1869.



CM-2, 177-186 - HENDRY, ENGLAND, SMITH, ADDISON, WILLIAMS, LINTHICUM, SMITH, KING

John W. ENGLAND & Others  vs  Charles HENDRY Sr. - Nov 1867

Charles HENDRY Jr.  d/ c1864 intestate, single, w/o issue

bro/ Nathaniel B. HENDRY & w/ Cassandra E.C.
sis/ Mary E.  w/o John W. ENGLAND
sis/ Ann R.  w/o Thomas A. SMITH
sis/ Martha C.  w/o John D. ADDISON
sis/ Jane  E.  w/o John T. WILLIAMS
sis/ Amanda S. w/o John W. LINTHICUM
bro/ Isaac S. HENDRY
sis/ Emma C. HENDRY, a minor, but turned 21 before 27 Mar 1869

Land - "Resurvey on Hope", 155 acres, a/k/a 'Georgia Farm', adjacent to 
Urbana; adjoined land formerly owned by Robert DARNALL, John F. 
SIMMONS, Upton WORTHINGTON, Singletown KING and Col George 
R. DENCUS(?).
Improved with a 1 1/2-story brick house with back building, small barn, good 
stables and spring of fine soft water near the house and other springs on the 
farm; has five fields and 40 acres in timber:  Hickory, White Oak, Black Oak 
and Dog Wood..
Mrs. Isaac BURGEE had resided there previously.
From Jane BURGEE in 1862.
Previously to Singleton BURGEE (husband of Jane) from John H. McELFRESH 
in 1824.  

Trustee was Grayson EICHELBERGER.  
SALE was held 19 Jun 1869 at the store of Thomas A. SMITH in Urbana; 
however, no sufficient bid was received.  
Later sale was again held 14 Aug 1869 at the Dill House in Frederick;
high bidder was:
- Singletown KING at $9,300

Distriution of $9,300; court costs, $521.40
- each 1/8 share to siblings, $1,097.32

Filed 30 Sep 1869.



CM-2, 186-225 - PLAINE, STEM, CRUMBACKER, JACOBS, KLINE, HOSLER, ECKER, EINHART, SNYDER, BARTHOLOW, 
CASTLE, STONER, SMITH, HARNE, ENGLAR, PFOUTZ, HOLLENBERRY, OTT, RIFE, JOHNSON, HAINES, ZIMMERMAN, 
SHAFFELL, HITESHEW, BEAM, BROWN, PERRY, WAYBRIGHT, JORDAN, ROOP, REESE, NICHODEMUS, KINZER, 
SAYLOR, CRAWFORD

CM-2, 186-225 - David PLAINE, Jonathan JACOBS & Others  
      vs  Reuben SAYLOR & Joseph ENGLAR
      - Sale of Real Estate - Equity #3326 - Dec 1866

Jonathan PLAINE   died testate
w/ Lydia  d/ 3 Oct1866

Upon the termination of her widowhood, estate to Martin DIEHL, Jacob 
SAYLOR Sr, Thomas OGLE and Abraham WOLFE of Martin as trustees.

1/4 to brothers' and sisters' children
1/4 to Lydia's brothers' and sisters' children
2/4 to the poor

Exec/ the widow
Witnesses:  Samuel ECKER, David W. ECKER, William CRUMBECKER
[Will written 30 Jan 1834]

LAND - "Absolom's Chance", 46 acres in Baltimore County (now Carroll County); 
on Sams Creek in Carroll County, adjoining the lands of Dr. F. CRAWFORD, 
William YOHN and J. S. COVER; had a house and dairy, supplied by spring.
From Dr. Charles HUBBS (w/ Susanna) of Baltimore County in 1815.

- Lot #7, parts of "John's Industry" and "Lawrence Pleasant Valley", 34 acres, 
in Baltimore County; from Abraham WAMPLER, exec/of Ludwig WAMPLER
in 1833; for Chancery Court case of James PORTER of Joshua, W. S. PORTER, 
Ludwig WAMPLER & Others vs  Samuel MOALE of Baltimore City.

- Undivided 1/2 of "Deer Park", "Resurvey on Mount Pleasant" and "Bedford", 
134 acres; now in Carroll County (previously in Frederick County), near Union 
Bridge; adjoined lands of Archibald GRAHAM, Solomon SHEPARD , Joseph 
ROOP and previously of John ENGLE.
Improved with a large stone house, a large brick barn and fruit orchards.
To Jonathan PLAINE  and William CRUMBECKER from William HUFFMAN 
& w/ Elizabeth in 1834.  

On 11 May 1835, siblings of Jonathan:  David PLAINE, Samuel PLAINE, 
William PLAINE, Daniel PLAINE, Nancy CRUMBACKER, Sarah STEM 
& husband Jacob, conveyed their shares to Joseph ENGLAR.

Jacob SAYLOR, then the only survivor of the trust, died within the previous 
year, leaving his eldest son (and first of nine children), Reuben SAYLOR 
to settle his estate.  
Reuben then applied and became administrator for Jonathan PLAINE's estate; 
but has refused to distribute the estate, claiming no knowledge of the trust 
and believes the "use of the poor" is not specific.

Testimony was heard from: 
- William CRUMBACKER of Carroll County testified to the date of death of the 
   decedent and confirmed his signature.
- Joseph ENGLAR, exec/of Lydia PLAINE, testified he found the Will of Jonathan 
   PLAINE after the widow's death on 3 Oct 1866, in a drawer and on the back 
   was written that the paper was to be kept at home.

Trustee for sale was Reuben SAYLOR; however, he appealed the decision that 
the trustees had no interest in said property.  
Court of Appeals decree on 25 Aug 1869 - property to be sold and distributed 
among the heirs of Jonathan PLAINE; trustee to be Reuben SAYLOR.

SALE was held on 4 Oct 1869; high bidder was:
- Francis J. CRAWFORD for 80 acres (77 1/2 acres) at $22/acre
   (first two tracts mentioned above were combined).
    
No sufficient bid was received for the Crumpacker Farm, 130 acres.  

Jonathan PLAINE's Siblings’ Children:

bro/ John PLAINE, dec'd, (unknown heirs)

sis/ Nancy (PLAINE) w/o Peter CRUMBACKER, both dec'd
......1/ Elizabeth CRUMBACKER - Carroll County
......2/ William CRUMBACKER - Carroll County
......3/ David CRUMBACKER - Carroll County
......4/ Nathan CRUMBACKER - Carroll County

bro/ Samuel PLAINE, dec'd, (left no children)

bro/ William PLAINE, dec'd & w/ Margaret
…..1/ Beniah E. PLAINE
......2/ Elizabeth (PLAINE) w/o Michael BARTHOLOW - Washington County
......3/ Hiram PLAINE - Carroll County
…..4/ David H. PLAINE - Virginia
......5/ (Mary) Catharine (PLAINE) w/o Otho T. CASTLE

bro/ Daniel PLAINE (d/ 2 Jul 1872, Carroll County) & w/ Penelope
        (left no  children)

bro/ Jacob PLAINE, dec'd, Carroll Co, MD)
.....1/ Alfred PLAINE
…..2/ Miles PLAINE

sis/ Sarah (PLAINE) w/o Jacob STEM, both dec'd - Seneca Co, Ohio
......1/ Emeline (STEM) w/o Ezra STONER
......2/ Matthias STEM
......3/ Jesse STEM, dec'd, (unknown heirs)
......4/ Elizabeth STEM
......5/ Lydia STEM
......6/ Leander STEM, dec'd, (unknown heirs)
......7/ Catharine (STEM) w/o _____ SMITH
......8/ Clementine STEM
......9/ Ezra STEM

bro/ David PLAINE, dec'd - Carroll County                   
.....1/ Margaret (PLAINE) w/o Adam JACOBS, both dec'd
. . . . . . .Catharine JACOBS
. . . . . . .Barbara JACOBS
. . . . . . .Mary JACOBS  w/o Frederick KLINE
. . . . . . .Margaret M. JACOBS
. . . . . . .Sarah J. JACOBS
. . . . . . .Eliza JACOBS
. . . . . . .Adam C. JACOBS
. . . . . . .David JACOBS
.....2/ Matilda (PLAINE) w/o Jacob JACOBS, both dec'd
. . . . . . .Jonathan JACOBS
.....3/ Stephen PLAINE, dec'd & w/ Nancy
. . . . . . .Ann C. (PLAINE)  w/o Thaddeus HOSSLER
. . . . . . .Mary M. PLAINE
. . . . . . .Tabitha (PLAINE)  w/o Daniel ECKER
. . . . . . .Jesse PLAINE
. . . . . . .Hannah PLAINE
. . . . . . .Stephen PLAINE
. . . . . . .Jacob PLAINE
. . . . . . .Henry J. PLAINE
.....4/ Susannah PLAINE
.....5/ Jonathan PLAINE
.....6/ Maria (PLAINE)  w/o Andrew REINHART
.....7/ Sarah (PLAINE)  w/o William J. SNYDER


Lydia PLAINE's Siblings’ Children:

bro/ Mathias STEM
......1/ Jacob STEM & w/ Sarah PLAINE (sister of Jonathan)
. . . . . . .Emeline (STEM) w/o Ezra STONER
. . . . . . .Matthias STEM
. . . . . . .Jesse STEM, dec'd, (unknown heirs)
. . . . . . .Elizabeth STEM
. . . . . . .Lydia STEM
. . . . . . .Leander STEM, dec'd, (unknown heirs)
. . . . . . .Catharine (STEM) w/o _____ SMITH
. . . . . . .Clementine STEM
. . . . . . .Ezra STEM
......2/ Elizabeth (STEM) w/o Daniel HARNE, both dec'd
. . . . . . .Elizabeth (HARNE) w/o John ENGLAR
. . . . . . .Sidney Ann (HARNE) w/o Lewis PFOUTZ
. . . . . . .Hiram HARRIS

bro/ John STEM, dec'd
......1/ Samuel STEM
......2/ Elizabeth (STEM) w/o _____HOLLENBERRY
......3/ Lydia (STEM), dec'd w/o George OTT
. . . . . . .Juliett OTT
. . . . . . .Salome (OTT) w/o ____RIFE

sis/ Salome (STEM) w/o Christopher JOHNSON, both dec'd
......1/ Peter JOHNSON
......2/ Catharine (JOHNSON) wid/o ____ HAINES
......3/ David JOHNSON
......4/ Samuel JOHNSON
......5/ Conrad JOHNSON

sis/ Catharine (STEM) w/o _____ ZIMMERMAN, both dec'd
......1/ Matthias ZIMMERMAN
......2/ Mary (ZIMMERMAN), dec'd w/o _____ SHAFFELL (unknown heirs)
......3/ Elizabeth (ZIMMERMAN), dec'd w/o _____ HITESHEW (unknown heirs)
......4/ Ann (ZIMMERMAN), dec'd w/o _____ BEAM (unknown heirs)
......5/ Lydia (ZIMMERMAN) w/o William CRUMBACKER
......6/ Jacob ZIMMERMAN, dec'd (unknown heirs)
......7/ John ZIMMERMAN, dec'd (unknown heirs)

sis/ Mary (STEM) w/o Jacob ENGLAR, both dec'd
......1/ David ENGLAR, dec'd (unknown heirs)
......2/ Philip ENGLAR, dec'd (unknown heirs)
......3/ John ENGLAR, dec'd (unknown heirs)
......4/ Elizabeth (ENGLAR), dec'd w/o Jacob BEAM
. . . . . . .William BEAM
. . . . . . .Joseph BEAM
. . . . . . .Elizabeth BEAM
. . . . . . .Mary BEAM
......5/ Margaret (ENGLAR), dec'd w/o Ephraim BROWN
. . . . . . .Elizabeth (BROWN) w/o Peter PERRY
. . . . . . .Mary Ann (BROWN) w/o Abraham ENGLAR
. . . . . . .Susan (BROWN) w/o John WAYBRIGHT
......6/ Conrad ENGLAR, dec'd (unknown heirs)
......7/ Susanna (ENGLAR) w/o John JORDAN

sis/ Elizabeth (STEM) w/o David ENGLAR, both dec'd
......1/ Joseph ENGLAR
......2/ Lydia (ENGLAR), dec'd w/o David ROOP
. . . . . . .David ROOP
. . . . . . .Elhanan ROOP
. . . . . . .Ezra ROOP
. . . . . . .Nathan ROOP
. . . . . . .Abraham ROOP
. . . . . . .Elizabeth ROOP w/o John REESE
. . . . . . .Louisa ROOP
......3/ Hannah ROOP, dec'd w/o John NICODEMUS
. . . . . . .John Louis NICODEMUS
. . . . . . .Nathan NICODEMUS (unknown heirs)
. . . . . . .Augustus NICODEMUS
. . . . . . .Eli NICODEMUS
......4/ Nathan ENGLAR
......5/ Josiah ENGLAR
......6/ David ENGLAR
......7/ Josias ENGLAR
......8/ Elizabeth ENGLAR, dec'd w/o _____ KINZER
. . . . . . .John David KINZER

Distribution was not listed.
Filed 4 Dec 1869.



CM-2, 225-251 - LEASE, CRONISE, MILLER, NICHOLAS, DYER, WINCHESTER, PUMPHREY, WHITEHILL, 
HURLEY, ROUTZAHN, MURPHEY, BAUMGARDNER, CARLIN, RICE

Jacob M. MILLER, et al  vs  William LEASE & Jane R. LEASE - Apr 1869

William LEASE  d/ Fall of 1863, intestate
w/ Rebecca  d/ Apr 1869, intestate

s/ William LEASE (died bef his father)
.....William LEASE, a minor
.....Jane R. LEASE, a minor

d/ C. Elizabeth (LEASE) w/o B. Franklin CRONISE - Washington County
d/ Jane C. (LEASE) w/o Jacob M. MILLER
s/ David/Daniel H. LEASE & w/ Mary Jane NICHOLAS
s/ Nicholas Calvin LEASE & w/ E. Ellen DYER
d/ F. Manzella LEASE
s/ Franklin M. LEASE

LAND - part "Tasker's Chance", in Frederick city on north end of Market St; 
from George LEASE (& w/ Elizabeth) in 1828.  
Previously to Lease from Henry KOONTZ in 1811.  
It had a 2-story brick house.
One acre was sold to Juliett WINCHESTER, w/o Hiram WINCHESTER in 1862.
Also, adjoining
- 3 acres, on west side of turnpike from Frederick Town to   the Monocacy bridge; 
  adjoins lots of William LEASE, John FAUBLE and John SCHLEY, dec'd;  
  from Mary PUMPHREY in 1837.  
  Previously to Pumphrey from John PUMPHREY of Greenburg, as trustee 
  for Vachel PUMPHREY, dec'd, through Chancery Court.

The heirs requested that Jacob M. MILLER and Benjamin F. CRONISE be trustees.  
Guardian was Walker Y. PAGE.
Testifying was Christian NIGHHOFF and James CARLIN.

SALE was held at the Dill House in Frederick on 1 Jul 1869;
property was divided into lots; high bidderes were:
- James WHITEHILL for Lot #1 (30' x 240') at $355 
  Runs back to land of James CARLIN; has 2/3 of old brick blacksmith shop, 
  now used as a cooper's shop; also has   fruit trees.
- Franklin LEASE for Lot #2 (30' x 245') at $280 
  Adjoins Lot #1; has 1/3 of old blacksmith shop and fruit trees.
- B. F. M. HURLEY for Lot #3 (48' x 240') at $1,543
  includes the 2-story brick house and back building; has fruit trees, grapevines, 
  entrances on south and north sides of house. 
- Joseph ROUTZAHN & W. D. BOWERS for Lot #4 (30'x 250') at $231
  has a frame stable, 
- Joseph ROUTZAHN & W. D. BOWERS for Lot #5 (30'x 253') at $211
- Dennis MURPHEY for Lot #6 (30'x 257') at $210 (his agent, James CARLIN)
- Henry BAUMGARDNER for Lot #7 (30'x 260') at $200 (his agent, Charles E. LEASE)
- James WHITEHILL for Lot #8 (30'x 263') at $180
- James CARLIN for Lot #9 (30' x 268') at $206
- James CARLIN for Lot #10 (30' x 272') at $230
- J. Edward RICE for Lot #11 (30' x 276') at $263
  adjoins land of James WHITEHILL on the south.
All lots front on the Turnpike and run back to land of James CARLIN.
Total sales, $3,909.

B.F.M. HURLEY petitioned the court because the property did not have 
the second entrance as was advertised and he needs it for wagons and 
carriages to the premises.  He had been unable to have trustees work 
out the north entrance and therefore is unwilling to take the property.

Lot #3 was resold to Mrs. Eliza M. NICHOLAS at $1,541.

1st Distribution of $1,625.64; court costs, $356.42
- each child's 1/7 share, $185.74.

Filed 7 Dec 1869.  (Also see CM-4, 76



CM-2, 251-260 - REMICK, DENT, EICHELBERGER

George W. DENT  vs  Joseph REMICK & w/ Jane
- Foreclosure - Oct 1868

Land - House & Lot at Point of Rocks; had weather board house and ground 
for a large garden.

Sold to Jane REMICK for $450 (she was then married, but sale was only to her) 
by George W. DENT by mortgage. 
Previously to DENT by James H. BESANT, trustee of Equity case in 1859.

Trustee for the sale was William P. MAULSBY Jr.
SALE was held 6 Mar 1869 at Point of Rocks; high bidder was:
- Mary E. EICHELBERGER at $320

Balance, after court costs, to:
- George DENT, $216.45 on mortgage which was paid short.

Filed 21 May 1869.



CM-2, 260-275 - HATCHER, KUNKEL, BUCKEY, NIXDORFF

Charles McGill LUCKETT  vs  Edwin P. HATCHER & Others - Oct 1868

Edwin P. HATCHER and w/ Elizabeth J. executed a mortgage to
Central Bank of Frederick and another to L. M. & H. M. NIXDORFF.
They also executed another mortgage to John B. KUNKEL.

Land - 200 acre farm in Mechanickstown, adjoins Catoctin Furnace 
property; from Grayson EICHELBERGER as trustee in 1865.
Adjoins land of John B. KUNKEL and Adam BLACK.
There were extensive orchards of 1,329 budded and grafted trees,
1,230 were peach trees of every variety and the remainder were
apple, cherry and pear trees and 300 grapevines of the choicest
varieties.  There were also strawberry, raspberry and blackberry 
patches producing 1600 quarts in 1869.  Improvements consist of
a large 2 1/2 story stone house of seven rooms and two attic rooms,
a summer kitchen and stables.  There were also three good springs, 
two of which were never failing with a well and pump at the door;
and is elevated with a beautiful view.  It also has a tenement house.

Jacob M. BUCKEY had obtained a judgement against Hatcher,
but Buckey now lives in Virginia.

Trustee for the sale was Charles W. ROSS.
Sale was held 30 Oct 1869 at the City Hotel in Frederick; 
high bidder was:
- John B. KUNKEL, Esq. at $5,000

1st Distribution of $1,666.66; court costs, $197.63
- Central Nat. Bank, in part, $1,469.03

Filed 12 Feb 1870.



CM-2, 276-298 - KIRBY, HAMILTON, SMITH, MURPHY, BRUNNER

John HAMILTON & wife and George V. SMITH & wife
vs  Hadrick MURPHY & wife 
- Petition to Sell Real Estate - May 1865

Elizabeth KIRBY  d/ Dec 1864, intestate

d/ Elizabeth E.  w/o John HAMILTON
d/ Harriet J.  w/o George V. SMITH - Washington County
d/ Mary Sophia  w/o James/Sam Haderick MURPHY

Land - House and 14 acres, in New Market District, near 
Baltimore-Frederick Turnpike.

The Murphys issued a claim of $400 against the estate for services 
and attention to her mother from 22 Nov 1861 to 22 Nov 1864.

Trustee was William P. MAULSBY Jr.  
SALE was held 23 Feb 1866 on the premises, 6 miles east of Frederick 
in New Market District; high bidder was:
- James H. MURPHY at $405; however, he was unable to comply with
   the terms.
After two more sales, property was sold on 9 Mar 1867 to:
- John HAMILTON at $265

William LARE testified Mrs. KIRBY had been bedridden for the last 3-4 years 
of her life and had been cared for by Mrs. MURPHY and her 13-year-old daughter. 
On recall testimony, he stated he had been a trustee of the Public School for 
6-7 years and he knew the daughter of Mrs. Murphy and she attended the 
school free of charge with no expense to Mrs. Kirby. 

Cyrus SPONSELLER also testified and stated the Murphys lived in a house 
close to Mrs. Kirby and had an older daughter who lived at home.  
The younger daughter stayed with Mrs. KIRBY day and night and he had seen 
Mrs. Murphy there in the evenings.

Mrs. B. TROUT also testified to much the same, stating Mrs. MURPHY 
was back and forth at Mrs. Kirby's and the girl went to a free school; and 
Mrs. Kirby raised the girl since she was 11 months old.

Mrs. Nancy PLANE testified Mrs. Murphy and her younger daughter did all 
the work, milked, raised poultry, attended market, took care of bed-ridden 
Mrs. Kirby.  Mr. Murphy cut wood, fodder and other duties on the property.  
She had lived in the neighborhood during the last two years.

Peter BOYER lived about a half mile from Mr. Kirby and claimed the going rate 
for nursing services was $2 a week.

Mr. BEEL stated Mrs. Kirby had told him if it was not for Mr and Mrs MURPHY, 
she would have died, this said in Oct 1863.

Dr. J. N. WOOD stated Mrs. Kirby was an invalid.  He had not seen Mrs. Hamilton 
there within 3-4 years and saw Mrs. Murphy there once in 3-4 years.  He had seen 
Haderick MURPHY there splitting wood and gathering fodder a few times.

Adam BOYER, a farmer of eight years in the area, stated Mrs. Hamilton waited 
on Mrs. Kirby until her marriage; the young girl waited on her a good deal.  
Mrs. Murphy was there sometimes and was there regularly for some months before 
Mrs. Kirby died.  Mrs. Kirby gave Murphy a deal of what was sent there and he 
ate there.  Others who cut an hauled wood were Frank DUVALL, John H. BOYER 
and himself.

Franklin DUVALL was frequently around the house and, although the Murphys were 
there and cared for Mrs. Kirby, they also used the money and flour and corn and 
vegetables from the garden of Mrs. Kirby.

Daniel SWARMLEY stated he had only been to the Kirbys once since Mr Kirby died.  
Murphy had no property and worked very little.

The court awarded Mary S. MURPHY $216 for services.

John HAMILTON has since sold the property to
- Valentine S. BRUNNER (amount not disclosed)

Distribution of $265; court costs, $197.25
- Mary S. MURPHY, claim in part, $67.75

Filed 28 Feb 1870.



CM-2, 298-309 - SAYLOR/SAYLER, SCHLEY, McKINSTRY

Alfred SCHLEY & w/ Harriet H. SCHLEY 
- Foreclosure - Apr 1869

Solomon SAYLOR & w/ Harriett were indebted by mortgage to Harriet SCHLEY 
(witnessed by Abdiel UNKEFER).  He also was indebted to Samuel McKINSTRY 
of Carroll County.

Land - "Carver's Lot", 52 acres; adjoins land of Daniel SAYLOR & w/ Mary Ann 
and Jonathan GARBER & w/ Lydia;
- also, "Ivy Church", but resurveyed and included in "Crowels Good Will", 
  58 acres;   from Samuel GARBER;
- "Simpson's Chance", 10 acres; from Leonard YOUNG;
(Other names listed as sellers were:
- John PFOUTZ & w/ Sarah
- Michael BOHUE & w/ Anna
- Wesley REPP & w/ Elizabeth
- John SAYLER & w/ Margaret
- Samuel REPP & w/ Mary Ann
- Abraham SAYLOR)
Totals 120+ acres in three parcels.

Trustee was William P. MAULSBY.  
SALE was held 27 Nov 1869 in Liberty town at the store of Thomas G. MAYNARD; 
high bidder was:
- Samuel McKINSTRY for the farm of 123 acres at $6,050

Distribution of $6,052; court costs, $519.60
- Harriet SCHLEY, claim in full, $4,054.50
- in hands of trustee, $1,475.90

Filed 5 Feb 1870.  (Also see CM-2, 366)



CM-2, 309-315 - GEIDELMAN, WOOD, HARDT

John C. HARDT, President of Lincoln Building Assoc of Frederick City - Dec 1869

Mortgage to Mrs. Sarah GEIDELMAN.

Land - Lot# 108 on north side of East Second St in Frederick; adjoins 
property of James BRUNNER on the east and the brick house of Estate of Jacob 
WELCH on the west.  It had a 2-story brick house with large brick back building; 
13 rooms, and fronts 28 feet with a 10-foot inlet, depth of 196 feet with many 
choice fruit trees, and stable.
(Previously to Harriet BOONE by Asbury H. HUNT in 1853.)

SALE was held 1 Dec 1869 at the Dill House in Frederick City;
high bidder was: 
- John E.R. WOOD at $3,700

After court costs and mortgages and claims were paid, balance
of $673.60 went to Sarah GIDDLEMAN.

Filed 12 March 1870.



CM-2, 315-346 - WOLF/WOLFE, FARST, TOMS, BRUNER, GORDON, MILLER, HESSONG, RIDDLEMOSER, 
SMITH, WILLIAMS, KLINE

David WOLF of S. & Others - Jul 1868

David WOLFE, dec'd (Will only partially listed)

s/ Jacob WOLF (already received)
s/ Samuel WOLF (112 acre plantation where Samuel then lived,
   parts "Good Luck" and "Addition to Good Luck"
=====

Samuel WOLF / WOLFE  d/ 24 Jul 1861, intestate

s/ David WOLF of S. & w/ Elizabeth
d/ Melinda  w/o Samuel FARST
s/ Henry WOLF & w/ Catharine
s/ Daniel WOLF
d/ Mary Ann  w/o Samuel TOMS of W.
d/ Catharine  wid/o _____ BRUNER
d/ Elizabeth  w/o Daniel GORDON
s/ James K. WOLF & w/ Melinda
d/ Nancy WOLF
s/ William WOLF & w/ Nancy

s/ George W. WOLFE, dec'd
.....Andrew J. WOLF - Ohio or Indiana
.....Martha Magdalene WOLF  w/o Henry C. MILLER - PA or Washington County
.....Benjamin WOLF, a minor - Washington County

Land - "Foxes Chase", 20 acres, in northern part of Middletown 
  Valley and also adjoining "Addition to Good Luck", 6 acres;
  from Peter MONG & w/ Susanna of Washington County in 1852.
  Located on road from RIDENOUR's old tavern to Wolfsville.
- "Dry Weather", 18 acres; from William TOMS & w/ Mary in 1833.
  (surveyed for John BEARD in 1796)
- "Piney Meadow" and "Good Hope", 76 acres, adjoining land of
  George COON; from Jacob WILLIAMS & w/ Catharine and Henry BURN 
  & w/ Magdalena, heirs of George KROM, in 1840. (a/k/a Kuhn tract,
  formerly owned by George KUHN)
- Lot# 3 of "Byers Prospect", 19 acres; on road from Jacob RIDENOUR's 
  to Wolfsville; from William D. BROWN & w/ Mary and Abraham TOMS Jr. 
  & w/ Susan in 1850.

Guardian was Thomas L. McLEAN.  Testimony was heard from David WOLF
of S. and William TOMS.  Trustee was Grayson EICHELBERGER; land was
divided into lots and surveyed by John W. HOOVER in Mar 1869.

Sale was held on 24 Apr 1869 on the premises, high bidders were:
- John HESSONG for the 'Home Farm', 88 acres, at $1,171.91;
  located 3 miles north of Wolfsville, had 1 1/2 story log
  house and barn, well watered for farming, 10 acres in Hickory
  and Rock Oak, Poplar, Chesnut.
  John HESSONG failed to comply with terms; property resold to:
  - Daniel WOLFE at $710.75

Plat 1 - adjoined the farm, timber land of oak, poplar, hickory
- Dr. William A. RIDDLEMOSER for Lot# 1, 11+ acres, at $82.60
  on "Byers Prospect". 
- Daniel WOLF for Lot# 2, 11+ acres, at $83.95
  on tracts "Byers Prospect", "Addition to Good Luck" and "Dry Weather"
- James K.P. WOLF for Lot# 3, 4+ acres, at $42.19
- Daniel WOLF for Lot# 4, 8+ acres, at $85.71
- Daniel WOLF for Lot# 5, 7+ acres, at $41.23
- Henry WOLF for Lot# 6, 5+ acres, at $82.92
- Samuel FARST for Lot# 7, 5+ acres, at $70.05
- Daniel SMITH for Lot# 8, 6+ acres, at $75.16
- Daniel WOLF for Lot# 9, 13+ acres, at $85.05
- Samuel FARSHT for Lot# 10, 9+ acres, at $111
- William WOLF for Lot# 11, 11+ acres, at $55.89

Plat 2 - a/k/a the Kuhn Tract
- Jacob WILLIAMS for Lot #1, 32+ acres, at $261.25;
  farm with orchard and fencing, well watered, 4 acres 
  wooded.
- James K.P. WOLF for Lot #2, 22+ acres, at $224.69;
  timber lot of Rock Oak, Chesnut and Pine.
- Michael KLINE for Lot #3, 18+ acres, at $199.13;
  timber lot of Rock Oak, Chesnut and Pine.
Total sales, $2,672.11.

Daniel WOLFE and Samuel WOLFE were admin/of their father's estate.

1st Distribution of $2,210.45; court costs, $414.89
- Daniel WOLF, as adm for payments made, $34.28
- each child's 1/11 share, $160.11

Filed 5 Feb 1870.



CM-2, 346-366 - HARDING, RUNKLES, CREAGOR, CLARY, KELLER

Columbus HARDING & Others 
- Sale of Real Estate - Oct 1868

William HARDING  d/ 2 Jun 1868, intestate

s/ Columbus HARDING - Ohio
d/ Barbara Ann  wid/o William RUNKLES
d/ Sarah Ellen  w/o Manasses CREAGER
d/ Mary Jane  w/o Samuel J. CLARY
d/ Cornelia E.  w/o John CLARY - Kansas
d/ Julia A. wid/o Nicholas CLARY - Kansas
d/ Clara HARDING
d/ Lauretta HARDING, a minor

Land - "Dispute Continued", "Establishment", 51 acres and grist mill 
where William then resided.
To Christian HARDING from Daniel JAMES in 1792.
- "Hunting Lot", 1 acre where old saw mill stood.
Devised to William HARDING from his father Christian HARDING's Will 
(written 11 Oct 1848; filed 6 Nov 1848).

Administrator was Columbus HARDING.

The heirs requested that Joel HALL be chosen as trustee, but later 
recommended Manasses CREAGER; both were appointed, however,
Joel HALL later renounced the duty.  

Guardian was Herman C. KOEHLER. 
Testimony was heard from Joseph MOLESWORTH and Philip HARDING 
(Williams's uncle and brother of William's father).

SALE was held on 26 Jun 1869 at Buckey's Store in the village in New London 
for the properties known as Harding's Mills, on new road from New London 
to the Old Annapolis Road, about one mile from New London.  
There were 12 acres in timber, seven acres of meadow land, a 3-story stone 
mill with one pair of burs and one pair of country chopping stones and an 
excellent saw mill attached with an abundance of footer.  
The house has 7-8 rooms, a meat house, dairy, log stable, garden and two 
fine springs on the farm.
High bidder was:
- Jacob KELLER of J. at $3,500

1st Distribution of $1,166.66; court costs, $412.42
Balance to creditors, including a debt owed to Philip HARDING for $393.87.

2nd Distribution of $1,219.15
- various creditors including a debt owed to Philip HARDING for $386.07
- Columbus HARDING, 1/8, $58.57
- Barbara A. RUNKLES, 1/8, $58.57
- Sarah E. CREAGER, 1/8, $58.57
- Mary J. CLARY, 1/8, $58.57
- Cornelia E. CLARY, 1/8, $58.57
- Julia A. CLARY, 1/8, $58.57
- Clara HARDING, 1/8, $58.57
- Lauretta HARDING, 1/8, $58.57

Filed 16 Apr 1870.



CM-2, 366-367 - McKINSTRY, SAYLOR, SCHLEY, GARBER

Jonathan GARBER & w/ Lydia  
vs  Harriet H. SCHLEY (w/o Alfred) and Solomon SAYLOR 
- Jan 1870 (Also see CM-2, 298)

Answer of Samuel McKINSTRY for claims against Estate of Solomon SAYLOR

Court ruled to favor claim of Samuel McKINSTRY for $1,475.90.

Filed 26 Apr 1870.



CM-2, 367-384 - HOFFMAN, SWITZER, BOWERS, HARSHMAN, WARSTLER, LUCKEY, WOLFE, SCHILDTKNECHT, 
DUPEL, CLARY, EASTERDAY, MARKER

Joseph H. HOFFMAN & Others - Jan 1869

Ann Mary HOFFMAN  d/ 1862, intestate
- w/o Henry HOFFMAN  d/ Oct 1868

s/ Joseph H. HOFFMAN & w/ Mary Ann
s/ Martin HOFFMAN & w/ Emaline
s/ Samuel H. HOFFMAN & w/ Barbara - Illinois
s/ John William HOFFMAN & w/ Sarah Ann - Illinois
d/ Eva Margaret  w/o Henry SWITZER - Illinois
d/ Mary Ann Elizabeth  w/o Jacob BOWERS - Illinois

s/ Joshua HOFFMAN, dec'd
.....Sarah Margaret  w/o John HARSHMAN
.....Ezra Cornelius HOFFMAN & w/ Maria - Illinois
.....John R. HOFFMAN

s/ Solomon HOFFMAN, dec'd
.....Henry C. HOFFMAN, a minor - Ogle Co, Illinois
.....Charles C. HOFFMAN, a minor - Ogle Co, Illinois
.....Elias Calvin HOFFMAN, a minor - New Paris, Elkhart Co, Indiana

Land - "We Have Got the Bird in the Cage", 34+ acres; 
   Adjoins land of Jacob DUSING and tract "Fuller's Delight"
- "Fuller's Delight", 58+ acres;
to Ann Mary HOFFMAN from John GELTZINGER & w/ Elizabeth 
and Jonathan PERRY & w/ Elizabeth in 1849.
Surrounding neighbors were:  D. GARNAND, MARKEN, L. EASTERDAY, 
ZENTMYER and Daniel DUSING.

Guardian for Elias Calvin HOFFMAN was J. H. WARSTLER (Feb 22, 1869).
Guardian for Henry C. & Charles C. HOFFMAN was James C. LUCKEY.
Testimony was heard from Martin HOFFMAN and John HARSHMAN.

Trustee was Martin HOFFMAN.
SALE was held 6 Jan 1870 on the premises: high bidders were:
- George W. BOWERS for the home farm, 54 acres, at $1,399.31
- Mary A. HOFFMAN for 10 acres at $198.31
- Mary A. HOFFMAN for 3 acres at $116.25
- Jacob D. WOLFE for 4 acres at $221.18
- William SCHILDTKNECHT for 4 acres at $208.82
- John D. DUPEL for 4 acres at $179.71
- William H. CLARY for 6 acres at $268.75
- Lawrence EASTERDAY for 5 acres at $303.87
Total sales, $2,896.91.

George W. BOWERS and Mary C. BOWERS (relationship not stated) 
petitioned the court to substitute Mary in place of George as 
the purchaser of the home farm.

Also petitioned for substitution of purchaser was Jacob D. WOLFE 
to David MARKER.

Distribution of $2,896.91; court costs, $263.38
- Each 1/8 share to children, $329.19
The grandchildren's share was $109.73.

Filed 7 Mar 1870.



CM-2, 384-402 - OHLER, MORT, HOUCK, CLEM, LYNN, POWELL, CHAMBER, SHORB, DIEHL, KRISE, HARRIS, 
HOOVER, STOUTER, SLUSS, POWELL

Solomon OHLER & Others  vs  Margaret OHLER & Others - Jan 1869

Frederick OHLER Sr  d/ 11 Jan 1869, intestate
widow - Margaret, and children,

1/  Catharine  w/o William MORT
2/  Elizabeth  w/o Michael HOUCK
3/  Solomon OHLER & w/ Mary Ann CLEM
4/  Levi N. OHLER & w/ Catharine - Ohio
5/  George A. OHLER & w/ ______ LYNN - Iowa
6/  Julia Ann  w/o Daniel C. POWELL
7/  Joshua OHLER & w/ Emeline CHAMBER - Ohio
8/  Frederick OHLER & w/ Mary SHORB - Carroll County
9/  Delilah OHLER
10/ Allie  w/o Ham DIEHL - Iowa

LAND - in Emmitsburg District in Frederick County and partly in Carroll County:

- "Resurvey on Boxes Search", 100 acres; lies along the Monocacy River in now 
Carroll County and is considered 'Monocacy Bottom land'; adjoins land of Henry 
BAUMGARDNER and David FORNEY.  
Improved with a 2-story log house, log barn and orchard.
From George Crabb HARRIS in 1834 (devised to him from his father, Thomas HARRIS 
by execs/ Joshua DELAPLANE & Francis SPALDING - Will written 9 Dec 1821).  

- "Resurvey on Boxes Search", 130 acres; lies 4 miles from Emmittsburg on the 
Monocacy in Frederick County and one mile south of Bridgeport.  Adjoined lands 
of James OHLER and John SLUSS.  
Improved with a 2-story stone house, Switzer Barn and two wells of fine water 
and a good orchard.
From George Adam OHLER in 1837 (to him from Alexander BLACKBURN in 1808);
 
- "Carolina", Lot #3, 8-acre mountain lot; lies near road from Monocacy to 
Harbaugh Valley and Frederick TROXEL's tract, "Good Wife" and Mr 
WHITMORE's land; on Turkey Run on road from Sabillasville to Emmittsburg, 
two miles west of Emmitsburg and adjoins land of Christopher CORRELL.
From Francis J. HOOVER, exec/of John HOOVER, in 1844.  

On 1 Feb 1869, Solomon KRISE made oath the widow was 75 years old and 
her general health was good.

Testimony was heard from Daniel C. POWELL, John SLUSS and James OHLER.

Trustees were Solomon OHLER and Charles W. ROSS.
SALE was held on 23 Oct 1869 at the Taylor House, but now at the Western 
Maryland Hotel in Emmittsburg; high bidders were:
- Frederick OHLER for the home farm of 130 acres at $5,590
- Delilah M. OHLER for the 100-acre farm at $3,000
- Michael STOUTER Jr for mountain lot at $385; his sureties
  were George BISHOFF and Michael STOUTER Sr
Total sales, $9,167.50.

Distribution of $6,975; court costs, $479.75
- Margaret OHLER, widow, in lieu of dower, 1/10, $868.77
- Catharine MORT, 1/10, $562.64
- Solomon OHLER, 1/10, $562.64
- Michael HOUCK, assignee of Lewis N. Ohler, 1/10, $562.64 
- George A. OHLER, 1/10, $562.64
- Julia Ann POwELL, 1/10, $562.64
- Joshua OHLER, 1/10, $562.64
- Elisabeth HOUCK, 1/10, $562.64
- Frederick OHLER, 1/10, $562.64
- Delilah OHLER, 1/10, $562.64
- Allie DIEHL, 1/10, $562.64

Joshua OHLER had been in possession of the property that Frederick OHLER 
purchased at the sale; Joshua now refuses to give up possession and 
Frederick had to petition the court to withhold Joshua's share until he 
released possession of the property; so ordered.

This segment filed 9 May 1870.  (Also see CM-3, 748-750)



CM-2, 402-412 - YEAKLE, MARTIN, SMITH

Joseph YEAKLE & William YEAKLE, adm/of Jacob YEAKLE
vs  Potomac Manufacturing Company - Jul 1869

Jacob YEAKLE, dec'd, of Springfield Twp, Montgomery Co, PA

Land - 2 Lots and mill or factory (stone, rough cast) and other buildings 
on Factory Street in Weaverton, Frederick County, which runs to the Potomac 
River.  Includes water rights of the Weaverton Manufacturing Company 
extent of 200 horse power.  
- The other Square #8, now designated on the plan of Weaverton as 
Section #5, was on the public way along south side of Baltimore and 
Ohio Rail Road on the east by 5th St, on the south by Canal Avenue 
and on the west by 4th St; it has two blocks of buildings, each block 
has 6 separate houses built by the Potomac Mfg Co for use of operators, 
built of stone, rough cast, 2 1/2 stores high with small lot in rear 
of each, presently occupied by tenants.  The Baltimore & Ohio Railroad 
and the Chesapeake & Ohio Canal run along the property.
Conveyed to Potomac Manufacturing Company from Weaverton Manufacturing 
Company in 1850; mortgaged by the former to Jacob YEAKLE.  Potomac's 
attorney and president was Abraham MARTIN; secretary was P. Frazier SMITH 
who signed the certification in Philadelphia; all officers lived out of state.

Trustee was Charles W. ROSS, Esquire.  Sale was held at the Dill House in 
Frederick on 19 Oct 1869; high bidders were:
- Joseph YEAKLE and William YEAKLE at $2,900

After court costs, the YEAKLES received $2,569.75.
Filed 4 Nov 1869.



CM-2, 412-423 - HOSTETTER, LONGNECKER, TINDERMAN, KEAGY, CRAMER

Jacob HOSTETTER, guardian of Samuel HOSTETTER, et al  vs  Barbara HOSTETTER - Mar 1869

Abraham HOSTETTER  d/ 14 Feb 1868, intestate - Union Twp, Adams Co, Pennsylvania
widow - Mary H. (age 43 in May 1869) 
        (She and all her children lived in Union Twp, Adams Co, Pennsylvania)

d/ Barbara HOSTETTER (age 21 in 1869) 
s/ Samuel HOSTETTER, a minor 
s/ Jacob HOSTETTER, a minor 
d/ Anna Martha HOSTETTER, a minor 
s/ Emanuel HOSTETTER, a minor 
d/ Mary Elizabeth HOSTETTER, a minor 
d/ Sarah Jane HOSTETTER, a minor 
s/ Aaron HOSTETTER, a minor 
d/ Alberta HOsTETTER, a minor 

LAND - 193 acres, in Mount Pleasant; located by Links Tree and by Susanna 
BEATTY's "Dulaneys Lot", Samuel COOK and James BEATTY's tracts; near 
the turnpike from Woodsboro to Frederick, about 5 miles from Frederick on 
Israel's Creek; adjoining lands of Samuel HOKE, George THOMAS of Henry 
and a Mr. JOHNSON.  
Improvements were a 2-story brick house with kitchen attached, bank barn 
with wagon shed attached, carriage house and other buildings.  
There is a spring of water with works attached to run water to the house and 
barn; also has an orchard.
Presently residing on the farm is Jacob TINDERMAN.
From John KLINE & w/ Letilda in 1866 (witnessed by Jacob DILLER and 
Henry DEHOFF) (previously to them from Henry NICODEMUS & w/ Margaret 
in 1858).  

Guardian for the minor children was Benjamin H. LONGNECKER of Adams 
Co, PA.  He also testified at the hearing, along with Joseph KEAGY.

Trustee was Jacob HOSTETTER; after a failed sale, private sale
was made to:
- Ezra L. CRAMER at $19,500

Distribution:  court costs, $790.70
- Mary H. HOSTETTER, widow, in lieu of dower, $2,600
- each child's 1/9 share, $1,789.92

Filed 17 Mar 1870.



CM-2, 423-437 - WACHTER, STALEY, DUDERAR, URNER, GRABILL, MARSH, METZGER

Randolph DUDERAR, assignee of George WACHTER of J.  
vs  Jacob H. STALEY - Aug 1869

George WACHTER of J. possessed the following tracts:

Land - in Creagerstown District, near Devilbiss Bridge on the Monocacy; 
adjoining lands of Edward T. GETZENDANNER, Dr. COCKEY and Jacob 
H. STALEY; adapted for use as a market farm.  
Improvements of house, barn, fruit trees, timber with good fencing and 
excellent water near the house.

- "Ogle's Necessary Compact", 1 acre; 
From Jacob WACHTER & w/ Margaret in 1855 (witnessed by Thomas 
PICKING).  
(Previously from Samuel DEVILBISS in 1832 for 1 acre).

-   also "Ripshire", 33 1/2 acres.
To Jacob WACHTER from John FUNDENBURG in 1828.

- 3/4 acre, adjoins previous tract and runs to the west bank of the 
Monocacy River. 
From Edward J. (or S.) GETZENDANNER & w/ Catharine E. in 1859.  
(Previously from George SMITH, trustee in 1854.)

George WACHTER agreed to sell said lands to Jacob H. STALEY
on 1 Apr 1865 for $2,400; Staley paid $800 and took possession
of the lands, but has failed to pay the balance.  In 1868, he
assigned the notes to Randolph DUDERAR.

Testifying was George WACHTER who stated Jacob H. STALEY was
living in Ohio.  Randolph DUDERAR also testified.

Trustee was Milton Y. URNER.  Sale was held 7 April 1870 on the
premises; high bidder was:
- John D. GRABILL at $1,583.75

Petition filed by George METZGER as guardian of George W. T. MARSH 
and Joel J. MARSH.  He had obtained the mortage ($500) on the real 
estate sold which was executed prior to the sale to Jacob H. STALEY.

Distribution of $1,583.75; court costs, $198.14
- George METZGAR, claim, $532.50
- Randolph DUDERAR, in part claim, $853.11

Filed 18 May 1870.



CM-2, 437-452 - HIMMEL, LEASE, WILLIS, MARTIN, ALBAUGH, KOEHLER, NUSBAUM, DOLL, HALLER, SIMMONS

George H. LEASE & Others  vs  William LEASE & Others - Dec 1869

Catharine HIMMEL  d/ 1849 
- 1st h/ Nicholas LEASE

s/ George H. LEASE
s/ Ezra LEASE  d/ 1863, his children
.....William LEASE, a minor - Washington, DC
.....Charles LEASE, a minor - Washington, DC
.....Alice LEASE, a minor - Washington, DC
.....Emma LEASE, a minor - Washington, DC
d/ Harriet LEASE, now w/o William B. R. WILLIS - Washington, DC
s/ Edward LEASE - Baltimore city

- 2nd h/ John D. HIMMEL (d/ Dec 1868 in Baltimore city)

s/ Jacob E. HIMMEL - Baltimore city
s/ John C. HIMMEL - Baltimore city
d/ Catharine M. HIMMEL, now w/o John C. MARTIN - Baltimore city

LAND - "Addition to Frederick Town, Lot #235 on Fifth St; 
adjoining George LOWE's Lot.
- two vacant lots on Sixth St, adjoining Mr. HOUFFMAN's lot.
Conveyed to William LEASE from William H. ALBAUGH & w/ Susannah in 1833, 
in trust for John D. HIMMEL & w/ Catharine during their natural lives, then 
for Catharine's children.  
Previously to the ALBAUGHs by Jacob ROW & w/ Susanne in 1831.

William (Ezra) LEASE died several years before, leaving his oldest son, 
William LEASE, to fulfill the trust.

Guardian was Eliza LEASE of Washington, DC; but later William C. KOEHLER 
was appointed guardian for William LEASE.

Testimony was heard from: 
- Jacob NUSBAUM who knew the deceased.  
- Harriet DOLL who has known the family all her life; stated William LEASE 
  (Ezra?) died in Frederick County three or four years ago, leaving children.

Trustee was George H. LEASE.  
After three failed sales, private sale was made to:
- Michael H. HALLER at $900

Distribution:  court costs, $214.76
- George H. LEASE, 1/7, $97.87
- Harriet WILLIS, 1/7, $97.87
- John A. SIMMONS, assignee of Edward LEASE, 1/7, $97.87
- William LEASE, 1/4 of 1/7, $24.47
- Charles LEASE, 1/4 of 1/7, $24.47
- Alice LEASE, 1/4 of 1/7, $24.47
- Emma LEASE, 1/4 of 1/7, $24.47
- Jacob E. HIMMEL, 1/7, $97.87
- John C. HIMMEL, 1/7, $97.87
- John MARTIN, curtesy share, $18.35
- Mary C. MARTIN, $13.25
- Lucinda V. MARTIN, $13.25
- Emma M. MARTIN, $13.25
- John E. MARTIN, $13.25
- Clara G. MARTIN, $13.25
- Ella J. MARTIN, $13.25

(Evidently Catharine (HIMMEL) MARTIN died, per the distribution.)
Filed 15 April 1870.



CM-2, 453-475 - ANDES / ANDERS, BEARD, CLANTZ, FOGLE, BOSTIAN

Joseph D. ANDERS, et al  vs  SALMA BEARD, et al - May 1869

Adam ANDERS / ANDES  d/ 2 Feb 1829 on his farm, intestate
widow - Christina  d/ 1 Jan 1844

s/ William ANDERS* (age 29), now dec'd
s/ Andrew ANDERS (age 21) - Liberty District
s/ George ANDERS (age 19), now dec'd & w/ Ann
d/ Salma ANDERS, now wid/o Peter BEARD
d/ Elizabeth "Betsy" ANDERS (d/ aft her father, intestate)
d/ Eliza ANDERS (d/ aft her father, intestate)
d/ Mary Ann Catharine ANDERS, now w/o Charles CLANTZ - Tuscarawas Co, Ohio by 1839
d/ Anna/Honor Christina ANDERS, now w/o William FOGLE
d/ Mary "Polly" ANDERS, now w/o William BOSTIAN - Delaware Co, Ohio by 1837

Land - 2 1/2 miles from Woodsboro, on  road from Woodsboro to Liberty Town; 
70 acres in wood, mostly chestnut, 7 acres in meadow.
Improvements were a 2-story log house, log barn and stable and milk house, 
two springs near the house and a good apple orchard.

- "Resurvey on Goodwill", 80 acres, and "Williams", 6 acres 
  (being part of "Andrew's Chance") and contiguous to the other tract.
   To Adam ANDERS from Philip SMITH, farmer, and w/ Mary Magdalena 
    in 1797 (Witnessed by Francis Brown SAPPINGTON & Daniel DORSEY).
- "Indian Graves", 100 acres, on north side of draught of Runny(?) Run and 
   on the NW side of Indian Grave hill.
   To Adam ANDIS/ANDERS, farmer, from Christian SMITH, farmer, and 
   w/ Appolonia in 1790 (Witnessed by Upton SHENDINE and Nicholas HOBBS).
- "Resurvey on Standing Stone", 13 acres.
   To Adam ANDIS from Henry BOSTIAN & w/ Elizabeth in 1798 
   (Witnessed by Francis Brown SAPPINGTON & Daniel DORSEY).

Mary BOSTIAN and Catharine CLANTZ conveyed their shares to William ANDERS.  
Christina FOGLE & George ANDERS coveyed their shares to Andrew ANDERS 
(witnessed by F. SHAW).  
This left 3/7 to William ANDERS, 3/7 to Andrew ANDERS and 1/7 to Salma BEARD.

William ANDERS*  d/ 1 Feb 1865, intestate
widow - Mary (age 69)

d/ Susannah E. ANDERS (age 44)
s/ Andrew ANDERS Jr & wife (age 37)
s/ Joseph D. ANDERS & wife (age 34

Testimony was heard from Andrew ANDERS who listed the ages of his brothers
and stated George and William were now dec'd and there were only two sisters 
living.
Also testifying was Andrew ANDERS Jr and Joseph D. ANDERS.

Trustee was James W. PEARRE.  
SALE was held 19 Mar 1870 on the premises; high bidder was:
- Joseph D. ANDERS for the whole 199 acre farm at $5,785.50

Distribution:  court costs, $419.91
- Salma BEARD, 1/7, $766.51
- Andrew ANDES, 3/7, $2,299.53
- Mary ANDES, (wid/o Wm.), in lieu of dower, 1/10 of 3/7, $229.95
- Susannah E. ANDES, 1/3 of 9/10 of 3/7, $689.86
- Andrew ANDES Jr, 1/3 of 9/10 of 3/7, $689.86
- Joseph D. ANDES, 1/3 of 9/10 of 3/7, $689.86

Filed 16 May 1870



CM-2, 475-486 - CECIL, BAKER, CRAWFORD, BAKER, DAVIS, HOLLAND, NELSON, WILLIAMS

Otho U. CECIL, et al  vs  Hamadethea CECIL, et al - Jul 1869

Samuel CECIL  d/ intestate at age 70
widow - Anne (age abt 60)

s/ Otho U. CECIL - Montgomery County
s/ Wilson H. CECIL - Montgomery County
s/ Levin R. CECIL - Frederick County
d/ Catharine (CECIL) w/o Charles H. BAKER - Frederick County
s/ Hamedatha CECIL - California
d/ Rhoda E. (CECIL) w/o George W. CRAWFORD - Indiana
d/ Amanda (CECIL) w/o George E. BAKER - Virginia

Land - "Labyrinth", and "McKay's Chance", 183 acres; from Aquilla TAYLOR 
& w/ Rachael of Clermont Co, Ohio in 1836.  Parts in both Frederick and 
Montgomery Counties; adjoins land of John Hamilton SMITH, John RHOADS, 
Joshua KNIGHT and William KNIGHT. 
At the time of the sale, neighbors were Samuel T. SIMMONS and William CECIL 
and was located near the road from Hyattstown to Barnesville with a log weather-
boarded house and out buildings, a spring and apple orchard.

Testimony was heard from Isaac DAVIS and R.W. HOLLAND.
Trustees were Frederick J. NELSON and Isaac DAVIS.
SALE was held 5 Mar 1870 on the premises; high bidder was:
- William WILLIAMS at $1,440

Distribution:  court costs, $173.35
- each 1/7 share, $162.85

Filed 13 Jun 1870.



CM-2, 486-500 - HOWARD, NIXDORF, CULLER, RHODERICK, SMITH, STAUB

Edward HOWARD, next friend of Annie E. HOWARD & Others
vs  Annie E. HOWARD & Others - Jul 1869

Charles E. HOWARD  d/ 6 Nov 1869
widow - Joanna

d/ Annie E. HOWARD, a minor
s/ Charles S. HOWARD, a minor
d/ Clara HOWARD, a minor
s/ Edward B. HOWARD, a minor

Land - "Lambeth", 38 acres; from Mahlon RHODERICK & w/ Mary Ann in 1863.
Located on south side of road from Frederick to Harper's Ferry and adjoining 
lands of Edward HOWARD and Samuel HARGATE.
- "Jackson's Mountain Range" and "Tryall", 10 acres of mountain land; 
from Henry M. NIXDORF in 1868.  Adjoins land of Susan EDWARDS, George H. 
RIZER and Henry M. NIXDORF and is located a mile above Shookstown.
Timber is oak, chestnut and hickory.

Guardian was Adolphus FEARHAKE Jr, Esquire.
Testimony was heard from Henry CULLER, Mahlon RHODERICK, Henry M. 
NIXDORFF and George W. SMITH.

Trustees were George W. SMITH and William H. HOWARD.
Sale was held 5 Mar 1870 at the City Hotel in Frederick; 
high bidders were:
- Edward HOWARD for the 38 acres at $75/acre
- Andrew J. STAUB for the mountain tract at $30/acre
Total sales, $3,214.68.

Distribution:  court costs, $223.69
- H.M. NIXDORFF, note, $232.10
- Joanna HOWARD, widow, in lieu of dower, 1/7, $426.57
- each child's 1/4 share, $581.80.

Filed 7 May 1870.



CM-2, 500-523 - BUXTON, BRENGLE, BAKER, HOOD, MULLINIX, SALMAN, DORSEY, BRANDENBURG, FLEMING, WOOD, RYAN

John T. BUXTON & Others  vs  James L. BUXTON & Others - Aug 1869

Brook BUXTON Sr  d/ Mar 1869, intestate
widow - Lydia A.

s/ John T. BUXTON & w/ Sarah (BRENGLE)
s/ Brook BUXTON Jr & W/ Emma J. (BAKER)
s/ William H. BUXTON
s/ Basil F.BUXTON 
d/ Mary C.  w/o Ephraim HOOD
s/ James L. BUXTON, a minor

d/ Susan Jane MULLINIX, dec'd w/o John MULLINIX
.....Ella Catharine MULLINIX, a minor - Montgomery County
.....William M. MULLINIX, a minor - Montgomery County
.....Samuel W. MULLINIX, a minor - Montgomery County

Land - located in both Frederick and Montgomery Counties, near
Mount Airy and the Baltimore & Ohio Railroad:
- "Ridgeley's Good Will", 302 acres; from Francis BRENGLE, trustee 
   in case of Rhoderick DORSEY & Janet DORSEY  vs  Henrietta DORSEY & Others, 
   in 1869 (previously from Joab WATERS to William HOBBS of Samuel in 1811).  
   Surveyed for John HOBBS in 1773.
- "Hazard", "Never Fear" and "I Have Got It All", 110 acres, 
   in Frederick County; from Henry LYDY & w/ Catharine in 1843 
  (previously from Henry McELFRESH to Jesse ENGEL and by him to Henry LYDAY).

Administrator was John T. BUXTON with sureties as William E. SALMAN 
& William R. DORSEY.  Guardian was Walker Y. PAGE, Esquire.

Testimony was heard from Leonard C. MULLINIX who stated Brook Sr died 
at the Relay House fram an injury received from being struck by the cars.
Also testifying was George M. CLAY.  Both listed the maiden names of Brook 
Sr's daughter-in-laws.

John T. BUXTON testified that the widow, Lydia, was about 44 years of age 
and her general health was good (17 Dec 1869).

Trustee was John T. BUXTON.  Sale was held 31 Mar 1870 
in front of JARRETT's Hotel in Ridgeville; tracts divided 
into lots and sold to:
- Brook BUXTON Jr. for Lot #1 at $2,200; 110 acres with house and orchard.
- Jesse BRANDENBURG for Lot #2 at $2567.60; 196 acres, 3/4 in timber.
- Thomas FLEMING for Lot #3 at $501.75; 27 3/4 acres, cultivated.
- Joseph WOOD for Lot #4 at $742.50; 49 1/2 acres, mostly timber.
  However, he petitioned to have Jeremiah LEWIS substituted as buyer.
- Jesse RYAN for Lot #5 at $748.46; 46 acres, half timber, half cultivated.

Distribution of $6,760.31; court costs, $535.90
- Lydia A. BUXTON, widow, in lieu of dower, 2/15, $829.92
- each child's 1/7 share, $770.64
  (grandchildren's share was $256.88 each)
Filed 13 Jun 1870.



CM-2, 523-538 - WOLFE, WILSON, DAY, MULLIIX, HYATT, HOOD, MOXLEY, DAY

Evan WILSON & Others  vs  Priscilla WOLFE & Others - Sep 1869

George W. WOLFE  d/ Dec 1868 (or following month), intestate
widow - Priscilla and 7 children

d/ Rachael (WOLFE) w/o Evan WILSON
d/ Leah (WOLFE) w/o Thomas J. DAY
d/ Jane (WOLFE) w/o Upton MULLINIX
s/ William WOLFE & w/ Susan (HYATT)
d/ Sarah "Sallie" (WOLFE) w/o George W. HOOD

d/ Kitty Ann (WOLFE), dec'd w/o Reuben M. MOXLEY
.....Lucinda MOXLEY
.....George MOXLEY - Montgomery County
.....Leah (MOXLEY) w/o Gassaway HOOD - Carroll County

s/ Isiah WOLFE, dec'd
.....Ann L. (WOLFE) w/o William FLEMING - Carroll County
.....William D. WOLFE, a minor
.....Daniel Webster WOLFE, a minor

Land - "Burke's Lot", being part of "Hobbs Purchase" and "Hazard" 
and "Never Fear", 12+ acres; from Benjamin TODD (however, no deed).
Located on north edge of Kemptown road to Ridgeville in Carroll County.

Priscilla WOLFE, made oath she was age 60 and in good health (2 Dec 1869).
Guardian was Arthur POTTS.  Testifying was Thomas J. DAY, Upton MULLINIX 
and Evan WILSON (he married 20 years).

Trustee was Evan WILSON.  Sale was held 16 Apr 1870 on the premises;
high bidder was:
- Thomas J. DAY at $501.01

Distribution:  court costs, $141.56
- Priscilla WOLFE, widow, in lieu of dower, $35.84
- each chid's 1/7 share, $46.08

Filed 11 Jun 1870.



CM-2, 538-561 - MILLER, MYERS, LONG, CRAWFORD

Frederick Town Savings Institution  vs  Sarah B. MILLER & Others - Feb 1869

Charles MILLER  d/ Feb or Mar 1869, intestate
- 2nd w/ Sarah B. (married 31 May 1866)

children from 1st wife who died

d/ Elizabeth (MILLER) w/o Jacob MYERS - Washington County
s/ Frederick MILLER - Washington County
s/ Hezekiah MILLER, a minor - Washington County
d/ Sarah MILLER, a minor - Washington County

LAND - "Mary's Delight", 129 acres; in Harbaugh's Valley; near sawmill 
and dwelling of Jacob HARBAUGH and land to Frederick MILLER from 
John MILLER in 1849.
Improved with a house, large Switzer barn and other out buildings and 
orchard of fruit trees.
Conveyed from Lewis CRAWFORD, trustee (Equity case of Charles MILLER 
& Others  vs  Eve C. MILLER & Others) in 1865.  
(Previously from Armor BIGHAM to John MILLER.)  

Mortgages to the bank and Henry LORENTZ.

Charles MILLER conveyed 33 acres to Simon P. MILLER in 1866
(previously owned by John MILLER, dec'd).

By March 1869, Frederick MILLER had become a non-resident of Maryland.

Guardian was Arthur POTTS.  Testifying was Lewis CRAWFORD, Louis 
V. SCHOLL (for the bank), H. C. KOEHLER and William J. ROSS.

Trustee was Lewis CRAWFORD.  
SALE was held 31 Mar 1870 in Sabillasville; high bidder was:
- Joseph MYERS for the 90-acre farm in Hauvers District, 1 1/2 miles 
  east of Sabillasville at $2,115.

Distribution:  court costs, $245.69
- Frederick Town Savings, mortgage lien, $1,282.20
- Sarah B. MILLER, widow, in lieu of dower, 1/8, $173.38
- Henry LORENTZ, mortgage lien, $499.08
- each child's 1/4 share, $3.66

Filed 11 Jun 1870.

NOTE - Frederick County Marriage Records
- Charles MILLER, 56, widowed, farmer, to Sarah B. LONG, 
  on 31 May 1866 by J.D. FREED at Mrs. EYLER's.



CM-2, 561-574 - BAKER, ILER, WARFIELD, HYDER, MEALY, FOGLE

Daniel M. HYDER & Others  vs  Nathan L. BAKER & Others - Jun 1869

Ellen BAKER, widow,  d/ Oct 1867, intestate

s/ Nathan L. BAKER & w/ Juliannna (ILER)
s/ William H. BAKER & w/ _______ (WARFIELD)
d/ Mary E. (BAKER) w/o Daniel M. HYDER
s/ Theodore Harrison BAKER & w/ Jemima MEALEY
d/ Sarah A. C. (BAKER) w/o John W. FOGLE
s/ Samuel Jacob BAKER & w/ Mary (WARFIELD)
s/ Basil BAKER
s/ John BAKER
s/ Ruben Sidwell BAKER, a minor
d/ Martha E. BAKER, a minor

Land - "Resurvey on Good Neighbourhood", 1+ acre, 2 miles west from 
Johnsville on road from Johnsville to Woodsborough; adjoined land of 
Jacob STITELY.
Improvements were a 2-story log house with back building and good 
fruit trees.
To Ellen BAKER from Alexander WARFIELD & w/ Eliza.

Guardian was Walker Y. PAGE.  
Testifying was Moses DIEHL and William DIEHL.  

Trustee was John W. FOGLE.
SALE was held 9 Apr 1870 on the premises; high bidder was:
- John D. BAKER at $350

Distribution:  court costs, $125.20
- each 1/10 share to children, $22.48

Filed 27 Jun 1870.



CM-2, 574-602 - WATERS, GIBSON, DORSEY, PENDLETON, DOUB, TAYLOR, KOONTZ, LAMAR, SIM

Robert N. PENDLETON & w/ Fanny  vs  Joshua G. GIBSON & Others - Sep 1869

Dr. William WATERS, Frederick City,  d/ 1862, testate
w/ Frances C. WATERS  d/ several years before husband

d/ Susan (WATERS) (d/ 1864) w/o Dr. Joshua Gregg GIBSON - Jefferson Co, VA/WV
.....Fanny (GIBSON) w/o Robert N. PENDLETON - Virginia
.....William W. GIBSON, a minor
.....Agnes GIBSON, a minor
.....James GIBSON, a minor
.....Ann P. GIBSON, a minor

d/ Ann P. WATERS (d/ 1865-1869) w/o Dr. Harry W. DORSEY - (New Market Distr)
.....Sarah Waters DORSEY

Exec/ wife
Witnesses:  L.J. BRENGLE, Ezra HOUCK, Grayson EICHELBERGER
[Will written 8 May 1856]

Land - "Rocky Spring", 220+ acres, 2 1/2 miles NW of Frederick on road 
from Frederick City; adjoined tracts, "County Seat", David KEMP's "Safest Way".
Improvements were 2-story stone house of nine rooms and kitchen attached 
with a first-rate cellar under the house and kitchen; a tenant house of five 
rooms near the mansion; two dairies, summer and winter; large stone Switzer 
barn with stabling underneath for 12 horses and 12 cattle; a double corn house, 
storing up to 300 barrels of corn with granery above it to store 1500 bushes 
of grain; wagon shed to accomodate two wagons and other vehicles; hog pen 
with crib above to hold 75 barrels of corn; fine carriage house to house two 
carriages; a smoke house, blacksmith shop, well within six yards of the kitchen 
and large spring near the barnyard and running water to supply the stock 
of the entire farm; also an orchard of choice fruit.
From Ezra DOUB (exec/of Valentine DOUB and trustee of Valentine DOUB Jr) 
and William H. DOUB (exec/of Joshua DOUB who was an heir of Valentine 
DOUB) in 1857.  
Mortgaged to Ezra DOUB, surviving exec/of William DOUB and trustee of Esther 
DOUB, wid/of William DOUB, in 1857.
   
- "Safest Way", 8+ acres; from David KEMP (w/ Ruth S.) in 1852.
- "Kemp's Discovery", Lot #3, 16+ acres, within two miles of the 
   farm, well covered with timber.; from Joseph G. MILLER in 1854.
   Previously to MILLER from John McPHERSON of William in 1854.
   
Susan and Dr. J.G. GIBSON mortgaged their share to Mary TAYLOR
for benefit of Nancy TAYLOR (Godfrey KOONTZ, agent), who then 
assigned/transferred it to Ann P. DORSEY (formerly Ann P. WATERS).
Dr. H.W. DORSEY was admin/of Ann P. DORSEY with sureties as Lewis
M. THOMAS and Godfrey KOONTZ.

Guardian was H.C. KOEHLER, Esq; testimony from Godfrey KOONTZ, 
John REIFSNIDER and Cornelius STALEY who testified that Joshua
GIBSON and Harry DORSEY now live in Frederick Co, MD.

Trustee was Godfrey KOONTZ.  
SALE was held 8 Apr 1870 at the City Hotel in Frederick; 
high bidders were:
- Richard J. LAMAR for the 229+ acre farm at $95.60/acre;
  then occupied by Dr. J.G. GIBSON.
- John T. SIM for the 16-acre mountain lot at $16.75/acre.
Total sales, $2,205.80.

Distribution:  court costs, $1,294.26
- Ezra DOUB, claim, $4,734.02
- H.W. DORSEY, adm/of A.P. DORSEY, $3,905.60
- Fanny PENDLETON, $839.63
- W.W. GIBSON, $839.63
- Agnes GIBSON, $839.63
- James GIBSON, $839.63
- Ann P. GIBSON, $839.63
- Harry W. DORSEY, curtesy share, $2,532.42
- Sarah DORSEY, $5,571.33

Filed 13 Jun 1870.



CM-2, 603-619 - EARNST, ALBAUGH, SMITH, BAKER, EYLER, WHITMORE, FOUTZ

John B. BAKER & Others  vs  Sarah E. EARNST - Oct 1869

Peter EARNST  d/ Frederick Co, MD 

- Solomon EARNST*
- Esther EARNST  w/o Daniel ALBAUGH
- Hannah EARNST
- Catharine EARNST  w/o John Philip SMITH
- Barbara EARNST  w/o Abraham EARNST

Land - 239+/- acres; near road from Liberty to Woodsboro and about two 
miles from Liberty, adjoining lands of Jacob BEARD, J.P. BEARD, G.W. 
CRAPSTER and John SMITH.
-"Weavers Choice", 100 acres; "Addition to Weavers Choice", 30 acres; 
"Round About", 90 acres; to Peter EARNST from   David EADER.
- "Gerhards Forrest", 16+ acres; to Peter EARNST from John HOOVER.

In 1830, Barbara & Abraham EARNST of Columbia Co, Ohio conveyed their 
1/5 share to Solomon EARNST.  
In 1834, Esther & Daniel ALBAUGH, Catharine & John Philip SMITH and 
Hannah EARNST all coveyed their 1/5 shares of the 239 acres to Solomon 
EARNST.

Solomon EARNST  d/ Mar 1864, intestate *
widow - Susan Maria

d/ Hester  w/o John B. BAKER
d/ Anna Mary  w/o John F. EYLER
s/ Solomon Peter EARNST
d/ Sarah Elizabeth EARNST, a minor

Guardian was A. FEARHAKE, Esq.  
Testifying was Enoch J. NALTZ and Josiah VALENTINE, both claiming 
the widow Susan Maria EARNST must be near 70 and was in tolerable health.  

Land was divided: 
- Home farm of 132 acres, 35 in timber; good fencing, 11 fields including 
two meadows and two orchards.  Had 2-story log house, weatherboarded with 
large basement, good barn, horse stable, corn house, wagon shed, meat house, 
springhouse, wash house and excellent spring of water near the house.  
Adjoins land of Josiah VALENTINE.
- Upper farm of 82+ acres, 25 in timber; six fields including a good 
  meadow, under good fencing; house and stable with sping of water.
  Adjoins land of heirs of Philip BEARD and Josiah VALENTINE and
  John SMITH of M.
- Wood lot of 7+ acres, lying south of road to Woodsboro.  
- Wood lot of 6+ acres, lying north of said road.  South part
  lies on public road.

Trustee was Solomon P. EARNST.  Sale was held on the premises on
19 Mar 1870; high bidder was:
- John B. BAKER for the home farm of 132 acres at $40.50/acre
  or $5,376.88
- John F. EYLER for 83 acres at $30/acre or $2,497.87
- George H. WHITMORE for 7 acres at $43.50/acre or $331.28
- Isaac PFOUTZ for 6 acres at $49.87/acre or $314.36
Total sales, $8,523.39.

1st Distribution of $8,520.39; court costs, $485.96
- Susan M. EARNST, widow, in lieu of dower, 1/10, $803.44
- Hester BAKER, 1/4, $1,807
- Anna M. EYLER, 1/4, $1,807
- Solomon P. EARNST, 1/4, $1,807
- Sarah E. EARNST, 1/4, $1,807
Filed 16 May 1870.



CM-2, 619-635 - GARDNER, SMITH, GROSS, NIEMYER, BECKENBAUGH, RECK, ALBRIGHT, WACHTEL

John GARDNER, et al  vs  John P. GARDNER, et al - Mar 1869

John Peter GARDNER  d/ 5 Sep 1857 near Middletown, intestate *
widow - Elizabeth, now w/o Jacob SMITH - Middletown *

d/ Ann Maria Catharine  wid/o John W. GROSS *
   and now w/o Charles L. NIEMYER

s/ John GARDNER & w/ Susan BECKENBAUGH *

d/ Barbara Ann, dec'd w/o Frederick RECK - Ohio
.....Lewis H. RECK, a minor - Jefferson Co, WV

s/ George P. GARDNER - West Virginia
s/ John P. GARDNER & w/ Julia Ann ALBRIGHT *
d/ Elizabeth GARDNER - Pennsylvania
d/ Sarah Ann Rebecca  w/o John WACHTEL - Ohio *
d/ Mary Ann Rebecca GARDNER, d/ c1861, a minor, no issue

Land - "Forrest", 3+ acres; from Isaac BOWLUS & w/ Sarah Ann in 1848.
Adjoins land of George MILLER and John MILLER of H. and Jacob EVERHART, 
runs to east side of Catoctin Creek.  Lies on north side of road from 
Middletown to Bolivar, two miles west of Middletown.  Improved with
two dwellings, a good stable, well of good water and choice fruit trees.

Petition filed by Charles L. NIEMYER stated:
he married Ann Maria Catharine GROSS on 22 Jul 1869.

Guardian was George P. GARDNER.  Testifying was Johsua D. KOOGLE 
and Daniel C. MILLER.  Trustee was C.V.S. LEVY.
Sale was held 5 Feb 1870 at the Valley Rigister office; 
high bidder was:
- John GARDNER at $300

On 18 May 1870, Christopher BURTEL/BUETEL testified the widow, 
now Elizabeth SMITH, was 45 years of age and her health was good.

On 20 May 1870, John RECK of Jefferson Co, WV gave oath that 
Frederick RECK was 36 years of age and now uncertain of his health.
(Recorded by George W. CHASE in Shepherdstown, WV.)

Distribution of $300; court costs, $122.55
- John MILLER of H., $99.98
- Elizabeth SMITH, in liew of dower, 1/9, $19.71
- Anna Maria Catharine Niemyer, 1/7, $8.25
- John GARDNER, 1/7, $8.25
- George P. GARDNER, 1/7, $8.25
- John P. GARDNER, 1/7, $8.25
- Elizabeth GARDNER, 1/7, $8.25
- Sara Ann Rebecca WACHTEL, 1/7, $8.25
- Frederick RECK, 5/16 of 1/7, $2.58
- Lewis RECK, 11/16 of 1/7, $5.67
Filed 30 Aug 1870.

NOTES - from Frederick Co, MD Marriage Licenses *
- John Peter GARDNER to Elizabeth BERGER on 26 Apr 1834
- Ann Maria Catharine GARDNER to John W. GROSS on 9 Dec 1854
- John GARDNER to Susanna BECKENBAUGH on 12 Jun 1860
- Elizabeth GARDNER to Jacob SMITH on 17 Mar 1864
- John P. GARDNER to Julian M. E. ALLBRIGHT on 21 Dec 1864
- Rebecca GARDNER, 19 to John L. WACHTEL, 21, wheelwright on 12 Mar 1867



CM-2, 635-666 - CREAGER, BURRIER, DEVILBISS, MURPHY, DRONEBERGER, CRAMER

Mary Ann CREAGER & Others  vs  John David CREAGER & Others
- Petition for Sale of Real Estate - Nov 1869

John William CREAGER  d/ 1864 (Will)
widow - Mary Ann

s/ John David CREAGER (eldest son) & w/ Matilda C.
d/ Cecelia CREAGER  w/o Joseph MURPHY
d/ Mary Catharine CREAGER  w/o Jacob H. DRONEBERGER
s/ William Henry CREAGER (youngest son), a minor (age abt 15)

Per John W. CREAGER's Will, his two sons to take estate and pay their 
mother and two sisters 3/5 of the appraised value.

Land - "Retreat", 170 acres, Lot #33, part of "Monocacy Manor";
   from William GRIMES Jr (w/ Mary) in 1822.  
   (Witnessed by Joseph HEDGES and Middleton SMITH.)
- "Retreat", 1+ acres, Lot #33, part of "Monocacy Manor"; 
   from John FULTON & w/ Sarah in 1842.  (Was part previously sold 
   to FULTON from John W. CREAGER.)  (Witnessed by Brooke BAKER 
   and David F. YANTIS.)
- "Retreat", 51+ acres, including a road from public road to the home farm, 
   then occupied by Josiah & Mary E. JONES; from William J. ROSS, trustee 
   for Josiah & Mary E. JONES, in 1853.
- "Huckleberry Hill" and "Creager's Lot", 25 acres; 
   from Heirs of Solomon CREAGER:  Mary CREAGER, widow, and  his son, 
   Solomon CREAGER & w/ Susanna in 1839.

Solomon CREAGER  d/ intestate 
w/ Mary

s/ Adam CREAGER
s/ Jacob CREAGER
s/ Solomon CREAGER
d/ Catharine  w/o Christian CRAMER
d/ Lydia  w/o Daniel BURRIER
d/ Mary  w/o George DEVILBISS
d/ Sophia CREAGER

Son Solomon purchased the shares of his mother and siblings 
except for Mary DEVILBISS.  
Frederick BARRICK was legal trustee for Adam CREAGER in 1835.
----------

Land Sold:
- Sold part of "Monocacy Manor", 2 3/4 acres, in Woodsborough District, 
  to Hugh McALEER from John William CREAGER & w/ Mary Ann in 1864.  
  Adjoins tract "Self Defence".
- Sold 46 acres of said land conveyed to Robert FULTON from John William 
  CREAGER & w/ Christena in 1832.  (Witnessed by Malachi BERNARD and
  Gideon D. CRUMBAUGH.
- Sold 247 acres of said land conveyed to Joseph WOOD from John William 
  CREAGER & w/ Christena in 1832. (Witnessed by Malachi BERNARD and
  William GRIMES.)
- Sold 50 acres of said land conveyed to David HINES from John William 
  CREAGER & w/ Christena in 1838.  (Witnessed by Mason PARSONS and
  Henry W. DERR.)
- "Peter's Promise", 1 1/2 acres, with priviledge of road from publick 
   road through Solomon CREAGER's other lands; from Solomon & w/ Susanna 
   CREAGER in 1840.  (Witnessed by Mason R. MARSH and Isaac WALKER.)

Guardian was William Nash YOUNG, Esquire.  
Testimony was heard from John FULTON, John MILLER and Joseph MURPHY.
Trustees were Milton Y. URNER and Joseph MURPHY.

John David CREAGER then occupied the property.

SALE was held 9 Jul 1870 on the premises; high bidders were:
- Theodore F. CRAMER for the Home Farm, 121 acres, at $11,107.48;
  located about 2 miles north of Walkersville and south of Woodsboro,
  on the Frederick-Woodsboro turnpike; lies in fertile Glade Valley
  with fields and good fencing; has spring of excellent water near
  the 2-story weather-boarded house on the west and facing the
  turnpike; a brick dairy with running water through the troughs,
  a log barn, new hog house, meat house, etc.  Also a large orchard
  of choice fruit.  Also bordered by the Frederick and Pennsylvania
  Railroad and lands of John FULTON and the WINEBRENNERs.

The wood lot wasn't sold, due to insufficient bid.  It had 27 acres 
and was about 2 miles east of the farm; adjoining lands of John 
CRAMER and Jacob CRAMER.

Distribution of $11,107.48; court costs, $614.67
- Mary Ann CREAGER, $2,172.69
- Cecelia MURPHY, $2,172.69
- Mary Catharine DRONEBERGER, $2,172.69
- John David CREAGER, $1,987.37
- William Henry CREAGER, $1,987.37

Filed 2 Sep 1870.



CM-2, 666-675 - METZGER, GLADHILL, HOFFMAN, POFFINBERGER, BUHRMAN, SUMMERS, BROWN - Feb 1870

Lydia METZGER and Mosheim M. METZGER  
vs  James S. GLADHILL, exec/of William METZGER

William METZGER  d/ 1868, testate

Execs/ Lydia METZGER, Mosheim M. METZGER and James S. GLADHILL

Elias HOFFMAN & w/ Mary Ann E. were indebted to William METZGER
and stopped payment on the mortgage in June 1868.

Land - "New Saxony", 1 1/2 acre; conveyed to Jacob POFFINBERGER Jr, 
  father of Mary Ann E. HOFFMAN, by Jacob POFFINGERGER Sr in 1823.
  Provision for access to the pump and well, being on the line 
  between she and her brother, Aaron POFFINBERGER.
  Land runs by lands of Leander WACHTER and Cyrus ROUTZAHN.
  Improvements were 2-story frame store house and ware room with
  right to use the pump and orchard.

- Lot #2, "Resurvey on Panmure", 6 1/2 acres; on Old Hagerstown Road 
  and by land of Jacob SUMMERS of J.; conveyed to Jacob POFFINBERGER 
  Jr, father of Mary Ann E. HOFFMAN, by Jacob SCHILDTNECHT & Others 
  in 1830 (JS-33, 600-603). 

- Lot #3, 1 1/2 acres on "Saxony"; conveyed to Jacob POFFINBERGER Jr, 
  father of Mary Ann E. HOFFMAN, in 1833 (JS-41, 377-379).

- Lot #4, 12 acres on tract "Narrition"; conveyed to Jacob POFFINBERGER Jr, 
  father of Mary Ann E. HOFFMAN, by William SCHLEY in 1829 (JS-31, 35). 
  Starts at dividing line between her and her  brother, Aaron POFFINBERGER 
  and by Joseph GAVER's "The Year of Plenty" and by William METZGER's 
  "Metzger's Home".

- Lot #5, 2+ acres on "Resurvey on Panmure"; conveyed by Jacob SMITH of M. 
  & wife in 1844.  Improvements of 2-story log house with back building.
  Lands run by the Old Hagerstown Road and land of Jacob SMITH of M.
  (see Land Deed ES-5, 348-352)  Exceptions were 1/4 acre sold to William
   METZGER and 3 acre lot sold to Jacob YOUNG of D. and lot deeded to Mary
   Ann E. HOFFMAN by Mary POFFINBERGER in 1862 (BGF-7, 300).  

Report of Sales on foreclosed property in Myersville in Jackson District 
on 22 Jan 1870; property divided into lots.  High bidders were:
- Upton BUHRMAN for Lot #1 of 3+ acres at $429.18
- Jacob SUMMERS of J. for Lot #2 of 4+ acres at $725.26
- Joseph BROWN for Lot #3 of 1+ acre at $362.25
- Joseph BROWN for Lot #4 of 30 perches with store house at $800.25
Total sales, $2,316.94.  It was not necessary to sell Lot #5.

Distribution of $2,316.94; court costs, $262.64
- Lydia METZGER & other execs for mortgage, $1,752.53
- Elias HOFFMAN, surviving mortgagee, $301.21.

Filed 7 Apr 1870.



CM-2, 676-682 - KILER, BONHAM - Sep 1868

Sarah A. KILER  vs  David KILER and Elizabeth KILER
Petition to Survey and Seperate Dower Land

Isaac KILER  d/ 1865, intestate
widow - Sarah A.

bro/ David KILER & w/ Elizabeth - Carroll County

Land - "Resurvey on Stripes Purchase", 164+ acres; 
from Elizabeth BONHAM and Nelson M. BONHAM in 1838 
(sold their shares for $1100).
Previously from John LUGENBEEL to Heirs of Malachi BONHAM in 1820.

Malachi BONHAM, dec'd, his heirs,

- Elizabeth BONHAM
- Deborah BONHAM
- James F. BONHAM
- Richard BONHAM
- Nelson M. BONHAM

Survey was made to section off the widow's dower for Sarah A. KILER.  
Her 1/3 became 31 3/4 acres plus 8 1/4 wooded acres which began on 
the public road at the corner of Mrs. BOSTIAN's lot.

Filed 19 Dec 1868.



CM-2, 682-686 - JURICKS, BURALL

Samuel BURALL - on Petition - May 1870

Samuel BURALL forclosed on a mortgage he held from Jacob JURICKS Jr.  
Upon not being able to obtain a substantial bid, BURALL purchased the 
property himself at $490.  

Distribution was to Samuel BURALL for $387.25 after court costs 
which was only part of the mortgage.

Filed 2 Jul 1870.



CM-2, 686-710  - YOUNG, DELAPLANE, TRIMMER, HER, FERRIS

Abraham TRIMMER  vs  Susan YOUNG & Others - Sep 1869

Samuel YOUNG  d/ Feb 1869, Intestate
widow - Susan and 9 children

d/ Mary C. YOUNG, a minor
s/ John H. YOUNG, a minor
s/ Samuel David YOUNG, a minor
d/ Sarah L. YOUNG, a minor
d/ Susan E. YOUNG, a minor
d/ Margaret A. YOUNG, a minor
d/ Ida F. YOUNG, a minor
d/ Sophia E. YOUNG, a minor
s/ William P. YOUNG, a minor

Adm/ Susan YOUNG with sureties as William DELAPLANE and Nathan BAKER.

Land - "Nothing Ventured Nothing Get", "First Chance" and "Fifth Dividend", 
2 acres; from Philip CUTSHALL & w/ Lydia in 1850.
Located 2 miles north of Woodsboro and adjoins lands of Eli SLAGLE and 
Susan RENNER.  
Improvements were 2-story log house, outbuildings, apple and peach orchard 
and well in yard.

- "Fifth Dividend", 10+ acres; from Joseph DELAPLANE & w/ Susanna in 1858.  
Located in Woodsboro District, on road leading from the York Road at Samuel 
BOSTIAN's(?) to the mills formerly belonging to EICHELBERGER and next to 
"Welch Cabin".  
Previously to DELAPLANE from Henry KRISE, John CARMACK and Paul 
CARMACK in 1830.  
Adjoined lands of William KRISE and Henry KRISE.  
Improvements were a 2-story log house with basement, recently built, with 
stable and other out buildings; also has young orchard and well in the yard 
near the house.

Guardian was Herman C. KOEHLER.  The widow Susan YOUNG released her
dower rights on the 10+ acres, but maintained it for the 2 acres.
On 29 Oct 1869, Jacob DELAPLANE made oath the widow was about 44 and
her health was moderately good.

Testimony was heard from Jacob DELAPLANE, John H. YOUNG and Isaac 
TRIMMER.
Trustee was Jacob DELAPLANE.  

SALE was held 26 Feb 1870 on the premises; high bidders were:
- John HER of P. for the 2 acres at $710, subject to widow's dower.
- John F. FERRIS for the 10+ acres at $1,280; however, he left the 
  state and never paid for the property.  
  A resale was made to Susan YOUNG at $1,025

Distribution of $1,735; court costs, $239.39
- Susan YOUNG, in lieu of dower, 2/15, $104.74
- Abraham TRIMMER, for claim, $627.49
- each child's share, $84.81

Filed 22 Oct 1870.



CM-2, 710-737 - WORTHINGTON, DORSEY, HOLLINGSWORTH, MACKALL, LAWSON, WOOD, WILLIAMS

Joshua WORTHINGTON & Others  vs  Catharine WORTHINGTON & Others - Feb 1870

Upton WORTHINGTON  d/ 14 Oct 1869, intestate
widow - Catharine

d/ Lloyd Anna (age 28) w/o Nicholas W. DORSEY
d/ Elizabeth WORTHINGTON (age 26)(non compos mentis)
s/ Joshua WORTHINGTON (age 25) & w/ Henrietta
d/ Lavenia WORTHINGTON (age 21)
s/ James WORTHINGTON, a minor
s/ Frank WORTHINGTON, a minor

Land - "Resurvey on Hope", 300+ acres; from Eliza MURDOCK in 1852.
Located on main road leading from New Market to Buckeystown, on 
east side of Johnson's Road.  Previously the Estate of Benjamin MURDOCK.
N.W. DORSEY was then living on the premises.
- "Many Makes One", 2,800 sq yards, in village of Urbana on north side 
   of road from Georgetown to Frederick city, adjoins north corner of
   Zachariah T. WINSOR's brick mansion house; from Richard MACKALL & 
   w/ Isabella, Mary HOLLINGSWORTH and Margaret HOLLINGSWORTH of Cecil 
   Co, MD in 1864.  Previously to Robert HOLLINGSWORTH from Richard H.
   THOMPSON & wife in 1856.  Improvements were 2-story brick house with
   small building for a doctor's office attached in the rear of main 
   builing, a smoke house, ice house, stabling and a well of pure water.
   The house has three rooms on the first floor and four on the second
   with a kitchen in the rear, front yard is beautifully landscaped.

Guardian was Herman C. KOEHLER.  Testimony was heard from John T. 
WORTHINGTON and C. Keefer THOMAS.

The widow's dower land was laid off, she receiving 114 acres and 
a wood lot of 12 1/2 acres.

Trustee was Nicholas J. WORTHINGTON.  Sale was held 30 July 1870
at Jamison's Store in Urbana; high bidders were:
- John H. LAWSON and William P.N. LAWSON for 126 acres of the farm 
  at $50.50/acre; on road leading from Urbana to Buckeystown, adjoining 
  lands of Col. John McPHERSON, Thomas A. SMITH of P. and John T. SIMMONS.
  Improvements were 2-story brick house with corn crib, wagon shed,
  stable; has five fields with running water and a fine orchard.
- Catharine WORTHINGTON for 126 acres of the farm at $17.55/acre, being
  the widow's dower portion of the farm.  Improvements were a 2-story
  log house, stabling, corn house; divided into four fields with running
  water and 12-acre wood lot, 300 yards from the farm.
- Joseph WOOD for 47+ acre wood lot at $42.60/acre; on road from Urbana 
  to Barnesville, 3/4 mile from farm and 3/4 mile from Urbana.  Timber
  on land was white oak, black oak, walnut, hickory and poplar.
There was not a sufficient bid for "Many Makes One".

Distribution of $10,624.83; court costs, $639.69
- each 1/6 chid's share, $1,664.19

Private sale was made to John T. WILLIAMS in Aug 1870 at $1,800.
After court costs, each child received 1/6, $288.85.

Filed 8 Feb 1871.