Equity Court Abstracts Book ES-2 - 1850-1855 Frederick County, Maryland
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]
ES-2, 1-13 - WARFIELD, SHREEVES, JONES, SWEADNER, FOX, SAYLER Suratt D. WARFIELD Jr. & Others vs Richard D. WARFIELD & Others - Feb 1852 Surat D. WARFIELD d/ 1851 intestate s/ Surat D. WARFIELD Jr. d/ Minerva A. WARFIELD w/o Francis E. SHREEVES s/ Richard D. WARFIELD d/ Henrietta WARFIELD w/o John A. WARFIELD d/ Elizabeth WARFIELD d/ Ann Matilda WARFIELD w/o William H. JONES s/ James H. B. WARFIELD, a minor d/ Rachel C. WARFIELD, a minor LAND - "Warfield's Lot" and "Resurvey on Good Neighbourhood", 188 acre Home farm in Johnsville. About 150 acres are cleared and laid off in fields with running water in each field, the balance in timber. The land is composed of blue slate and limestone and there are two churches and a school house within 3/4 mile of the house and is also within 4-5 miles of good Merchant Mills. There is a large brick house, Switzer barn, a house for servants, meat house, spring house, dry house, carriage house, wagon shed and corn crib. It has a large orchard and there is an adjoining farm of 115-125 acres. (From Will of Alexander WARFIELD) - "Warfield's Lot" and "Resurvey on Good Neighbourhood", 115 acre farm in Johnsville; from Washington BURGESS in 1835; located next to lands of Owen BURGESS, Washington BURGESS and Samuel BURGESS and w/ Elizabeth. It has a two-story log house, Switzer barn, wagon shed, corn crib, spring house and a stream running through the farm. Guardian was Daniel SWEADNER; testimony was heard from Jacob FOX. Trustees were Suratt D. WARFIELD Jr and John A. WARFIELD with sureties as Jacob ROOT, Ephraim CREAGER and Alexander WARFIELD. On 30 Sep 1852, sale was made to Richard D. WARFIELD for 115 acres at $35/acre. On 8 Feb 1853, sale was made to John SAYLER for 188 acres at $45.06/acre. Distribution after costs of $11,501.43 Each child's 1/8 share, $1,475.17 Filed 27 May 1853. ES-2, 14-29 - KINZER, STONER, WILLIAR, UMSTEAD, PAXTON, ENGLAR, GARBER, BUFFINGTON John KINZER Jr, surviving exec/of John KINZER Sr vs Elizabeth KINZER & Others - Sep 1852 John KINZER Sr d/ 12 Nov 1846, testate widow - Ann (d/ 1848) s/ Henry KINZER s/ John KINZER Jr s/ Jasper KINZER d/ 28 Jun 1851 intestate ...w/ Elizabeth S. ......John David KINZER, a minor ......Ann Elizabeth KINZER, a minor ......Jasper Newton KINZER, a minor (d/ 3 Dec 1852) d/ Elizabeth STONER d/ Sarah WILLIAR d/ Catharine UMSTEAD d/ Mary Ann PAXTON d/ Margaret ENGLER Per John KINZER Sr's Will, after the death of John Kinzer Sr's widow, Ann, his son Jasper was given the option of taking the farm at its valuation and making yearly payments which would be divided among his siblings, less their advances, with yearly payments by oldest to youngest. Execs/ John KINZER Jr and Jasper KINZER Witnesses: G. M. EICHELBERGER, Grayson EICHELBERGER and Harvey EICHELBERGER. [Will written 19 Mar 1846] LAND - "Shure Bind Sure Find", farm of 163 acres, lying in Valley of Beaver Dam within a 1/2 mile of the Tunker Church; adjoining lands of Mrs. Mary HERRING, Nathan ENGLAR and Rev. Jacob SAYLER. Improved with a large dwelling house, large brick Switzer barn, 80 feet long, a wagon shed, corn crib, smoke house, stone dairy, two orchards of fine fruit; with running water in every field and has 40 acres in timber. Guardian was Jonathan GARBER. Testimony was heard from Nathan ENGLAR. Trustee was John KINZER Jr with sureties as John WOLF Sr and Andrew BUFFINGTON; SALE was held 11 Jan 1853; high bidder was: - Nathan ENGLAR at $56/acre or $9,081.80 On 18 Feb 1853, Alexander BUFFINGTON testified Elizabeth S. KINZER, widow of Jasper, was about 34 years old and in good health. On 26 Mar 1853, Dr. SIM testified that Jasper Newton KINZER, the youngest child of Jasper KINZER, died on 3 Dec 1852. Distribution of $4,500: court costs, $418.76; - John KINZER Jr., purchase money, $2,934.40 - widow of Jasper KINZER, 1/7 or $818.38 - John D. KINZER, a son, 1/3 or $109.48 - Ann E. KINZER, a daughter, 1/3 or $109.48 - to trustee for inheritance tax on Jasper N. KINZER's share, $2.73 - John D. KINZER and Ann E. KINZER, each 1/2 of remainder 1/3 or $53.37 Filed 3 May 1853. (Supplemental at ES-1, 589) ES-2, 29-51 - BECHTOL, WIELAND / WILLAND, RINGER, KEAFAUVER, CULLER, NEIKIRK, BISER, GETZENDANNER, BAER, DERR, BRANDENBURGH, HOOPER - May 1852 Daniel BECHTOl & Others vs Catharine BECHTOL & Others Lewis BECHTOL d/ Nov 1851 near Middletown, intestate widow - Catharine (WIELAND / WILLAND) d/ Elizabeth w/o Thomas RINGER - Amherst Co, VA d/ Catharine w/o Daniel KEAFAUVER d/ Hannah w/o Peter CULLER d/ Mary M. w/o George NEIKIRK s/ Daniel BECHTOL and w/ Mahala BISER s/ John BECHTOL and w/ Mary Ann GETZENDANNER d/ Sarah, dec'd w/o Daniel KEAFAUVER ...Horatio B. KEAFAUVER, a minor Lewis BECHTOL was the son-in-law of Bernard WIELAND who devised property to Bechtol in his Will. LAND - "In War a Tory, in Peace a Rebel", "Resurvey on Chevy Chase" and "Resurvey on Small Meadow", 185 acres; and mountain lot, "Grammer's Deer Park", 50 acres. Devised to Lewis BECHTOL by his father-in-law, Bernard WIELAND, with annual payments to Barbara WIELAND, d/o Bernard. Previously to Wieland from Christopher MICHAEL (w/ Catharine) in 1819. Barney WILLAND died testate widow - Catharine s/ Barney WILLAND (gave him farm "Kenbaugh") d/ Barbara WILLAND d/ Catharine and her husband Lewis BECHTOL Exec/ son Barney WILLAND Witnesses: John R. MAGRUDER, James BURGARD(?), Jacob COBLENTZ [Will written 10 Feb 1826] Guardian for Horatio was A. W. MARRIOTT; however, the actual guardian was Daniel KEAFAUVER. Testimony was heard from George BOWLUS. Trustees were Daniel BECHTOL and John BECHTOL. Sale was held 25 Oct 1852 at the hotel of William COOKERLY in Middletown; high bidders were: - John DERR for 4 acres at $61/acre - Samuel BRANDENBURGH for 19 3/4 acres at $61/acre - Charles HOOPER for mountain tract at $27.62/acre There was no bid for 2 1/2 acre section (located on opposite side of Middletown Road, thus separated from main section) or for the 'Home Farm', 160 acres; but it was later agreed: - Daniel BECHTOL would purchase the 'Home Place' for $61/acre. Total sales, $12,609.12. On 4 Feb 1853, Jacob BAER testified that he knows Catherine BECHTOL, widow of Lewis, and that she is 70 years old and her general health is delicate. The remaining section of land was sold to: - Peter CULLER at $500. Distribution of $13,109.12: court costs $590.25 - Catherine BECHTOL, widow as life tenant, 1/9 or $1,390.98 - Daniel KEAFAUVER, h/o Catherine, 1/9 or $1,737.43 - George NEIKIRK, h/o Mary M., 1/9 or $1,737.43 - Daniel BECHTOL, 1/9 or $1,737.43 - John BECHTOL, 1/9 or $1,737.43 - Horatio B. KEAFAUVER, 1/9 or $1,737.43 - Thomas RINGER, h/o Elizabeth, 1/9 or $713.26 (less previous advance) Filed 13 Apr 1853. ES-2, 51-65 - BRANDENBURG, POFFENBERGER, MAUGINS, FORREST - Nov 1852 Samuel BRANDENBURG vs John BRANDENBURG & Melinda C. BRANDENBURG Henry BRANDENBURG d/ 2 Aug 1845 intestate widow - Mary s/ Samuel BRANDENBURG s/ John D. BRANDENBURG d/ Mary Ann Elizabeth BRANDENBURG w/o Henry POFFENBERGER d/ Melinda Cordelia BRANDENBURG, a minor Mary Ann and Henry POFFENBERGER conveyed their interest to Samuel BRANDENBURG in 1851. Land - "Forests Purchase", 200 acres, conveyed to Samuel BRANDENBURGH from Joseph M. PALMER, trustee for heirs of Levin HAYS in 1822 (conveyed to Palmer by Jonathan FORREST in 1823); located on South Mountain and adjoined land of Jonathan FORREST and tracts "Hickory Ridge", "Valentines Gift" and "Gauring(?) Castle". On 31 May 1830 it was conveyed from Samuel BRANDENBURGH Sr to Henry BRANDENBURGH for $1200. Guardian was Samuel MAUGINS who also gave testimony. Dower land was to be laid out for the widow before the sale of the remainder of the real estate; commissioner to lay out land were: John SENSENBAUGH, John RICKER, Solomon FORREST, Paul KLINE and John SMITH of L. Surveyor was William D. BROWN and chain carrier was Henry KUHN. The widows portion was the southern 45 acres. Samuel BRANDENBURGH, as eldest son, elected to take the estate, thereby paying out to his siblings their equal share of the estate as they become of age and annual payments. Since Mary Ann had already sold her portion to her brother Samuel, only John and Melinda were due monies. Amount of valuation, $3,096.52 with Samuel paying 1/3, $1,032.17. Distribution: court costs, $120.74; - Melinda C. BRANDENBURG, $227.85 - John BRANDENBURG, $227.85 - Melinda C. BRANDENBURG (1st & 2nd bond), $258.04 - John BRANDENBURG (1st & 2nd bond), $258.04 Filed 14 May 1853. ES-2, 66-71 - MEREDITH, HARRY - Apr 1851 Margaret R. HARRY vs Surran MEREDITH & w/ Mary Ann MEREDITH Margaret HARRY is foreclosing against the MEREDITH's for $475 still due her from notes. Land - House and Lot #13 in Graceham Trustee for sale was Mountjoy B. LUCKETT; on 25 Jun 1853, sale was held at the premises for personal property and the real estate. Personal property was sold for $29.77; the house and lot were sold to Pamenu R. HARRY at $475. Distribution of $504.77; - court costs, $118.21 which includes $47.52 that was still due on purchase money to United Brethren church in Graceham. - Margaret R. HARRY, $386.56 Filed 1 Apr 1854 ES-2, 71-83 - SHOEMAKER, FLOOK, ROUTZAHN, TOMS, SLIFER, SUMMERS, BEACHLEY, LYONS, KEPLER, ZITTLE, SHEFFNER, SHANK John P. FLOOK, et al vs E. BEACHLEY, et al - Dec 1852 Magdalena SHOEMAKER d/ Feb 1852 d/ Magdalena w/o John P. FLOOK d/ Catharine w/o Jacob ROUTZAHN d/ Elizabeth w/o Jacob TOMS - Washington County d/ Lydia w/o William SLIFER - Washington County s/ Daniel SHOEMAKER and w/ Catharine - Darke Co, Ohio d/ Hannah w/o Frederick SUMMERS - Darke Co, Ohio d/ Esther, dec'd w/o Daniel BEACHLEY, dec'd ...Martin Henry BEACHLEY ...Rebecca BEACHLEY w/o John LYONS - Washington County ...Ezra BEACHLEY, a minor ...Ann Magdalena BEACHLEY, a minor and w/o William KEPLER ...Daniel BEACHLEY Jr, a minor ...Hanson BEACHLEY, a minor ...Jonas BEACHLEY, a minor ...John BEACHLEY, a minor Land - "Shoemaker's Tricks", 25 3/4 acres; lies next to "Resurvey on Bear Swamp", "Adams Hill". Land by Deed of Trust by Daniel MAIN, as trustee of Frederick SUMMERS, to Magdalena SHOEMAKER in Apr 1846. Guardian for the minors was Jacob ZITTLE. Testimony was heard from Daniel SHEFFNER on 4 Jan 1853 who gave the date of death for Magdalena SHOEMAKER. Trustee for sale was George BOWLUS, esquire, with sureties as Isaac BOWLUS and Jesse HERBERT; sale was held on 5 Mar 1853 at the stone of Joshua D. KOOGLE's at Bolivar, in the neighborhood of the property where sale was made to - Jacob SHANK Jr at $401. Distribution: court costs, $108.64; - Each 1/7 share, $41.76 (each of Esther's children received $5.22 each) Filed 19 May 1853. ES-2, 84-99 - ABRECHT, OLIVER, HOLTER, TEPPUE, KARNS/CARN, POOLE, WILLS, EICHELBERGER, NIXDORFF George ABRECHT & Others vs William POOLE & Others - Feb 1853 George ABRECHT d/ 1828 intestate widow - Magdalena d/ Mary w/o ____ OLIVER, dec'd - Ohio d/ Ann w/o _____ HOLTER, dec'd - Ohio s/ George ABRECHT (Jr) and w/ Mary TEPPUE - Ohio d/ Barbara w/o Philip KARNS/CARN d/ Catharine w/o William POOLE s/ John ABRECHT and w/ Rebecca WILLS s/ william ABRECHT and w/ sarah EICHELBERGER Shortly after George Sr's death, his children, George, Barbara, Catharine, John and William, all deeded their interest to the property to their mother. William filed for insolvency in 1829 and William POOLE was his incolvent trustee; however, the second time he filed for insolvency in 1847, William S. BANTZ was appointed as his insolvent trustee. Land - House and Lot #26 in Bentz Town (Patrick & Bentz St area) (an additional lot to Frederick Town) on tract "Long Acre" (previously part of "Tasker's Chance"), from Hugh COYLE in 1802; located on north side of man road leading from Frederick Town to Middle Town and at SE corner of Lot #27, then occupied by a William CRUM. On 8 Mar 1853, testimony was heard from Andrew HEIM and Col. Thomas SAPPINGTON (the latter only testified to the property, not the people). Trustee was William C. SAPPINGTON; sale was held on 14 May 1853 to Henry NIXDORFF at $350. Distribution: court costs, $139.97; each 1/7 share, $30.45 Filed 27 Sep 1853. ES-2, 99-121 - WASKEY, BESANT, CASTLE, ZIMMERMAN, KEMP James H. BESANT vs Mary F. WASKEY & Others - Sep 1850 Jacob WASKEY d/ abt 1848 intestate s/ Jacob A. WASKEY (Jr.) d/ Mary F. WASKEY, a minor d/ Sarah I. WASKEY, a minor Land - "Castle Henry", 49 + 15 acres Previously to Peter HARGET from George SLUTZER in 1805. - Lot #13 in "Fielderia", 6 acres Previously to Peter HARGET from Lewis LAWFER in 1806). From: - Richard WINPIGLER (w/ Elizabeth) in 1820 - John P. RAMSBURG and (w/ Ann Magdalena) in 1821 - John Peter RAMSBURG in 1821 as purchaser of the life estate of Charlotte SEISS, w/o Alexander SEISS of Allegany Co, MD (she was entitled to 1/3 part of estate of Samuel RIDGELY for life because Ridgely was her first husband). - "Castle Henry", 12 acres, and Lot #12 of Fielderia, 17 acres. From Thomas W. MORGAN, sheriff in 1822; for suits against Jacob STUB and Jacob GETZENDANNER by Elizabeth GETZENDANNER and Margaret FOUT. - Lot #12 of Fielderia, 15 acres From Jacob GETZENDANNER of Jacob in 1822. Previously from Basil BEALL. - "Pleasant Plains", 41 acres - Lots #60 and 61 in Jefferson From Abraham BLESSING of George in 1838; (his half of mortgage issued to him and Jacob WASKEY from David STOCKMAN and w/ Sophia in 1837). - "Resurvey on George's Discovery", 16 acres From William J. ROSS in 1833 as trustee for estate of Augustus WASKEY, dec'd. Previously to Augustus WASKEY from George HOFFMAN in 1793. - Lot #21 in "Fielderea", 4 acres. From James CASTLE Sr in 1839. Guardian was James H. BESANT for Mary and Sarah WASKEY and was also administrator of Jacob WASKEY's estate. Testimony from Jesse KING in Oct 1851 who stated the oldest child of Jacob WASKEY was under six. Trustee was James H. BESANT. Property was adjoining and was sold as three lots: - Lot #1, farm, 59 acres - #2, a 5 acre wooded lot - #3, a 6 acre wooded lot SALE was held 29 Oct 1850; high bidders were: - James E. CASTLE for Lot #1 at $11/acre (private sale on 22 Nov 1851) - George ZIMMERMAN for Lot #2 at $50.50/acre - Lewis KEMP for Lot #3 at $57.50/acre Distribution of $1,312.31: court costs, $195.54; - each child's 1/3 share, $372.25. Filed 6 Jul 1853. ES-2, 121-143 - SMITH, WILHIDE, SIDWELL, STONER, REDDICK, REPP, YOUNG, SPRIGGS Joseph SMITH Jr & Others vs John W. WILHIDE & Others - Dec 1851 Joseph SMITH d/ 1850 intestate widow - Mary s/ Joseph SMITH Jr s/ John SMITH s/ Thomas SMITH d/ Mary E. SMITH, now w/o John W. WILHIDE d/ Sarah A. SMITH, now w/o Dr. Reuben SIDWELL d/ Margaret S. SMITH, a minor, later w/o Ephraim STONER (m/ bef Feb 1852) s/ Samuel D. SMITH, a minor s/ James T. SMITH, a minor s/ Ephraim R. SMITH, a minor LAND - "Addition to Ebberts Inheritance", 109 acres, (Home place); adjoined "Richards Hunting Ground", "Duke's Woods", "Resurvey on Winfields Delight", "Black Oak Slipe" and "Long Slipe". To Joseph SMITH from Philip EBBERT in 1822 ("in consideration of natural love and affection", indicates possible family connection to Joseph or his wife). - House & Lot #19 in Liberty - 250 acres near Liberty Town. From: ...heirs of Leonard REDDICK Sr (mortgage of Leonard REDDICK in 1838 for 2/3 share or 84 acres) ...Thomas GURLEY, sheriff, in 1840. (property had belonged to Leonard REDDICK) ...1/6 share or 42 acres to Leonard REDDICK from Daniel REPP and w/ Elizabeth of Jefferson Twp, Montgomery Co, Ohio in 1833. ...from Jacob YOUNG and w/ Nancy (REDDICK) of Carroll Co, Indiana in 1843 ...from Mary (REDDICK) YOUNG in 1847 Guardian was John SMITH of M. who also testified on 3 May 1852 that he was acquainted with the widow and that she was 55 years old and her general health was good. Testimony was heard from Daniel SWEADNER. Trustees were Reuben S. R. SIDWELL and Ephraim STONER with sureties as John W. WILHIDE, Henry STONER and George PFOUTZ. SALE was held on 1 Jan 1853; high bidders were: - Mary SMITH for the Home place at $50/acre - Philip SPRIGGS for the house and lot at $146.50 Total sales at this point, $5,450. On 5 Mar 1853, sales went to - Joseph M. SMITH for the 250 acres at $11.14/acre Distribution of $8,257.28; court costs, $449.96; - Mary SMITH, widow, 1/9 or $867.48 - each child's 1/9 share, $771.09. Filed 27 Jun 1853. NOTES - Also see HS-23, 473 and ES-4, 84-99 for parents' estates. ES-2, 143-153 - WINDSOR, CLARY, KESSLER, YINGLING, KING, LEATHER, JOHNSON - Jan 1853 Cornelius CLARY and w/ Amana vs Edmund L. WINDSOR & Others Zadoc WINDSOR d/ Mar 1852 intestate d/ Amana w/o Cornelius CLARY d/ Angelina w/o Jacob KESSLER d/ Catharine "Caty" w/o William G. YINGLING d/ Caroline w/o Walter J. KING d/ Drucilla w/o James L. LEATHER s/ Edmond L. WINDSOR s/ Zadoc H. WINDSOR s/ Arnold H. WINDSOR s/ Thomas Jefferson WINDSOR - Ohio (died intestate) ...Caroline WINDSOR, a minor ...Peter WINDSOR, a minor (died abt Jul 1853) ...Susannah WINDSOR, a minor ...Angelina WINDSOR, a minor ...Thomas Jefferson WINDSOR, a minor ...George W. WINDSOR, a minor ...James W. WINDSOR, a minor ...Sophiah WINDSOR, a minor Land - "Bloomsberry", 60 acres, from Charles JOHNSON in 1838 (to him from his father, Roger JOHNSON); lies on south side of Bennett's Creek and by "Resurvey on the Hope". Edmund L. WINDSOR was guardian to the minor children. Trustee was William M. MERRICK; sale was held on 9 Jul 1853 to Edmund L. WINDSOR, Zadoc H. WINDSOR and Arnold H. WINDSOR, three of the children of Zadoc WINDSOR, at $1,512.50. Distribution not given. Filed 1 Sep 1853. ES-2, 153-166 - SHOEMAKER, GRIMES, BOONE, MORNINGSTAR, DIFFENDALL, SAYLOR - Dec 1852 Daniel P. SAYLOR & Others vs Wilson L. GRIMES, exec/of John SHOEMAKER & Others John SHOEMAKER d/ 13 Feb 1852 (Will written 15 Apr 1845) widow - Mary s/ Daniel SHOEMAKER d/ Nancy SHOEMAKER w/o Wilson L. GRIMES s/ Margaret S. SHOEMAKER, now w/o George Washington BOONE Exec/ Wilson L. GRIMES, son-in-law Witnesses: William H. BOWMAN, David HAUGH, Jacob HAUGH Land - "Good Neighborhood", 53 acres (home place), to son along with - 3 acres of woods on ASHBAUGH's side of the other lots; - Lot to be divided between two daughters. The note for $54.51 to Daniel P. SAYLOR was witnessed by Abraham SAYLOR. Daniel SHOEMAKER submitted a bill to the estate for $3,250 for boarding, washing clothes and maintenance of John SHOEMAKER for six years. Trustee was Wilson L. GRIMES with sureties as Samuel BIRELY and Jacob ROOT. Sale was held on 19 Feb 1853, sales to - Mr BAER for 24 acres at $343.99 - Washington BOONE for 29 acres at $499.50 On 18 Feb 1853, John MORNINGSTAR testified he well knew Mary SHOEMAKER, the widow and that she was 68 years old. G. Washington BOONE was unable to pay half of the costs of the section he bought, so it was resold at private sale (the public sale failed) to Samuel DIFFENDALL at $499.50 Distribution of $843.49; court costs, $170.98; - widow (her name here listed as Catharine, maybe Mary Catharine?), 1/9 or $74.72 - C. N. & W. GARBER, $8 - Wilson L. GRIMES, $223.95 - Daniel SHOEMAKER, $250 - each 1/3 share to the children, $13.14 Filed 18 Aug 1853. ES-2, 166-176 - WACHTEL, SMITH, METZGER, MAIN, GLADHILL, SHEID - 1851 Estate of Solomon WACHTEL On 1 Apr 1848, Samuel SMITH, Solomon WACHTEL and Daniel WACHTEL, entered into an agreement with Walter H. SHEID to sell a lot for $682.10 to be paid in one year plus interest. Sheid moved onto the property but only paid a partial amount; then sold his interest in the two acres to Daniel GLADHILL who is now in possession of it. Solomon WACHTEL d/ 13 Jan 1851 intestate, leaving 3 minor children, widow - Catharine ..George Washington WACHTEL ..Joshua Daniel WACHTEL ..Jacob Solomon WACHTEL Administrator was Daniel WACHTEL (Solomon's brother); guardian was the children's mother, Mrs Catherine WACHTEL. William METZGAR testified the family lived in Middletown Valley. Land - "Call Hill", 6 1/2 acres (part of John HORINE's land). Part of Solomon's land had to be sold to pay his debts. Trustee was Daniel MAIN; sale made to Daniel GLADHILL for $600. Creditors mentioned were Henry WACHTEL, Samuel SMITH, and Samuel TOMS. Distribution of $602.50; court costs, $102.50; - Samuel SMITH, co-tenant of Solomon WACHTEL, $250 - balance went to various creditors, one being Henry WACHTEL. Finalized 23 Sep 1853. ES-2, 176-194 - WAESCHE, PENNINGTON, SMITH, McKINSTRY, SAYLOR - Sep 1851 George W. WAESCHE vs Catharine WAESCHE & Others George W. WAESCHE d/ 11 Jun 1849, intestate widow - Catharine s/ George W. WAESCHE (Jr) s/ William H. WAESCHE, a minor s/ John F. WAESCHE, a minor s/ Joseph A. WAESCHE, a minor s/ Thomas R. WAESCHE, a minor s/ Charles A. WAESCHE, a minor s/ Leonard R. WAESCHE, a minor s/ James F. WAESCHE, a minor Land - 398 acres, part in Frederick County and part in Carroll County; exception is 174 acres previously sold. - "Resurvey on Terra Rubra" (to Richard James WINCHESTER from John Ross KEY in 1795), - "Six Brothers" (to Joshua DELAPLANE from Joseph BIGGS in 1814), - "Stoney Ridge", - "Resurvey on Welsh Cabbin" (to Joshua DELAPLANE from Jacob & Anna OTTO in 1814), - "Tom's Fancy", - "the Cliffs" (to Joshua DELAPLANE from Richard & James WINCHESTER in 1803), - "This or None", - "Resurvey on Welsh Cabbin" (previously from Samuel CARMAC and John CARMAC in 1829), - "Six Brothers", Total of 91 acres; to George A. WAESCHE from Horatio McPHERSON and John McPherson BRIEN (residuary legatees under the Will of John McPHERSON, dec'd), William MILLER (w/ Mary) and John CARMACK (w/ Mary) for $28,000 in 1832; the latter two being sureties on a mortgage for John McPHERSON to Joshua DELAPLANE and John DELAPLANE. (The mortgage was released, but a judgment was placed against the Delaplanes for debts owed.) Property lies across Pipe Creek and by mouth of small branch called Tobacco Log Branch and runs by forks of Little and Big Pipe Creek; neighbors were the ELLIOTTS, John MILLER and Conrad DUTRO (tract "So Far so Good"), by road leading to Hagerstown and tract "Resurvey on Pipe Creek Hills" and on south bank of Double Pipe Creek. The widow served as the guardian of the minor children. Testimony was heard from Noah PENNINGTON who also testified on 24 Sep 1851 that he was personally acquainted with the widow and had known her for many years and she was about 41 years of age and in good health. Trustee was Joshua SMITH with sureties as Jacob REESE and J. S. WARFIELD. After two failed public sales, the property was sold at private sale on 21 Feb 1853 - to Henry C. McKINSTRY for 26 acres with grist mill, saw mill, fulling mill and various dwellings and other out houses at $8,000. - to Daniel P. SAYLOR on 15 Oct 1852 at private sale for 366 acres at $13,000. 1st Distribution of $8,000; court costs, $393.14; - widow in lieu of dower, 2/15 or $1,014.25 - each 1/8 share to the children, $824.07. 2nd Distribution of $13,000; court costs, $482.17; - widow in lieu of dower, 2/15 or $1,668.79 - each 1/8 share to children, $1,355.89. Filed 5 Jun 1854. ES-2, 194-212 - SCHLEY, SCHAFF, CROMWELL, GOLDSBOROUGH, BARTHOLS, HALLER, PAGE - Dec 1852 George SMITH vs Edward SHRIVER & Others David SCHLEY d/ 14 Oct 1852 intestate widow - Georgeana M. SCHLEY and 11 children s/ Alfred SCHLEY d/ Mary E. SCHLEY w/o Philip SCHAFF - PA s/ William Louis SCHLEY s/ David SCHLEY (Jr.) - Out of State d/ Sarah C. SCHLEY - PA s/ Robert H. SCHLEY (turned 21 in March 1849) d/ Anna M. SCHLEY, a minor s/ George J. SCHLEY, a minor s/ John SCHLEY, a minor d/ Susan S. SCHLEY, a minor s/ Allen SCHLEY, a minor Land - House & Lot #63 on north side of E. Patrick St in Frederick, from Edward SHRIVER and John H. WILLIAMS, trustees of Mary WILSON, who endorsed notes to Eliza THOMAS and Phebe THOMAS). - 1/2 undivided share of House & Lot, on the corner of Market and Church Streets in Frederick Town and bounded on the west by the German Reformed Church and on the south where George KOONTZ then resided, on the east by Market St and on the north by Church St; to David SCHLEY & Thomas HALLER trading as David SCHLEY & Thomas HALLER from Frederick A. SCHLEY and w/ Barbara in 1847 (previously to Frederick A. SCHLEY from John P. THOMSON in 1833). Administrator was Georgeana M. SCHLEY with sureties as Nicholas CROMWELL, Charles GOLDSBOROUGH and John N. BARTHOLS; guardian was Edward SCHLEY. Testimony was heard from Major Henry SCHLEY who was also the appointed trustee with surety as John T. SCHLEY and signed by Fairfax SCHLEY. Public sale was held at the City Hotel in Frederick on 23 Jun 1853, sales were made to: - Thomas HALLER for the 1/2 undivided interest at $1,440 - Calvin PAGE for the dwelling house and lot at $3,010 Distribution of $5,450; court costs, $393.65 - widow, 2/15 of $1,007.50 (the jointly-owned property), $134.33 - Eliza & Phebe THOMAS as assignees, $2,712.50 - Mutual Ins Co, $1,065 - Multiple creditors, $1,144.52 Filed 5 Nov 1853. ES-2, 212-219 - EICHANBRODE, PERITZER, FIROR, GEISELMAN, FOX, WHITMORE, HAMMETT, MANTZ, MATHEWS - Feb 1853 Daniel EIGHANBRODE - Petition Petition was filed to appoint a trustee to manage the interest share in property for Ann Maria EIGHANBRODE who has been of unsound mind since birth. On 12 Feb 1853, an inquisition was held at the school house at Landis' Mills in Mechanics Town before Sheriff Casper MANTZ with oaths from Jacob MARTIN, William C. LANDERS, George LANDERS, David EYLER, John B. PICKING, William SEFTON, James HOSPELHORN, Jonn RONZEL, John A MARTIN, Daniel WIREMAN, Michael DORSEY, Ezra YOUNG, Joel WELLER, Perry EYLER, Ephraim HARBAUGH, Jacob HARNER, Ezra EYLER and William LYONS. Land - 99 acres in Mechanics Town district, now in possession of Daniel EIGHANBRODE and adjoining land of James HOSPELHORN. Ann Maria EICHANBRODE had the following relatives: - Susan EICHANBRODE, mother - Sophia PERITZER - Mary FIROR - Daniel EICHANBRODE - Elizabeth GEISELMAN - Charlotte FOX - Catharine WHITMORE - John EICHANBRODE - Sarah HAMMETT - Susan EICHANBRODE Jonas MATHEWS was appointed trustee for Ann Maria EICHANBRODE with surety as Gideon BANTZ; however, Casper MANTZ was guardian. On 26 May 1853, sale was made to Daniel EICHANBRODE at $100 for Ann Maria's share. After court costs, the remaining amount of $33.43 was left in the hands of the trustee. Filed 7 Oct 1853. ES-2, 219-230 - INGMAN, CLARKSON, NUSZ, LUCKETT, BIRELY, SIVEN - Feb 1852 Frederick town Savings Institution vs Mary CLARKSON & Others Joshua INGMAN d/ 7 Feb 1852 (Will written 5 Feb 1852; filed 24 Feb 1852) - Mary Ann CLARKSON (with whom he lived with for many years) and their children d/ Cecelia INGMAN w/o Oliver T. NUSZ - Baltimore City d/ Harriet Ann INGMAN, a minor s/ Randolph INGMAN, a minor Witnesses to Will: M. B. LUCKETT, Philip H. CRAMER, J. W. BIRELY Administrator was Mary Ann CLARKSON with sureties as J. W. BIRELY and David KENAGA. Land - Four Houses & Lots and another Lot in Frederick Town Trustee was M. B. LUCKETT; sale was held at the City Hotel in Frederick Town on 1 Sep 1853; high bidders were: - John T. SIVEN for Lot along Fifth St and Middle Alley at $850 Distribution of the first half of the money went to creditors. Filed 2 Jun 1854. ES-2, 230-241 - HIGHTON, BISHOP, LORENTZ - Aug 1853 Oliver BISHOP vs Mark BISHOP & Others Sarah A. HIGHTON d/ Mar 1850 intestate w/o Mark BISHOP Jr. (d/ May 1850) s/ Oliver BISHOP s/ Mark BISHOP, a minor s/ Charles BISHOP, a minor s/ George S. BISHOP, a minor d/ Sarah Ann BISHOP, a minor d/ Isabella BISHOP, a minor s/ Benjamin BISHOP, a minor Land - Lot #238 in "Addition to Frederick town", fronting Sixth St, to Sarah from William H. ALBAUGH and w/ Susannah in 1838 (to Albaugh from Jacob ROWE). - Lot #236 (1/4) in "Addition to Frederick Town", on south side of E. Sixth St; to Sarah from Mark BISHOP Jr in 1832 (to Mark from George A. COLE in 1831). Guardian was William J. ROSS, esq; testimony was heard from William GLEASNER. Trustee was Grayson EICHELBERGER; on 15 Oct 1853, sale was held at Shank's Hotel in Frederick, high bidders were: - Henry LORENTZ for Lot #236 at $275 - Henry LORENTZ for Lot #238 at $116 Distribution of $391; court costs, $104.21 - each child's 1/7 share, $39.54 Filed 3 Dec 1853. ES-2, 241-253 - MONTGOMERY, BRYANT, IJAMS, CARPENTER, BROWN, SLAVES, BAUGHMAN James IJAMS & Others vs John M. CARPENTER & Others - Sep 1849 John MONTGOMERY Sr d/ abt Sep 1849, testate s/ John C. MONTGOMERY d/ Isabella C. BRYANT s/ James MONTGOMERY d/ Mary Ann w/o Plummer IJAMS (see WBT-4, 701) ...James IJAMS ...Rebecca (d/ Jul 1849) w/o John M. CARPENTER ------William Henry CARPENTER, a minor - Out of State ------Julia Rebecca CARPENTER, a minor - Out of State ...Richard IJAMS ...Joshen IJAMS, now w/o William S. BROWN LAND - "Duvalls Forrest" (from Samuel DUVALL) and "The Rights of Man" (from John H. McELFRESH), 207 acres, mansion farm near Ijamsville (South half to son John and other half to children of deceased daughter, Mary Ann IJAMS); located west of B&O Rail Road and on north side of Bush Creek, next to land of Henry NIXDORFF and by land of Col. John MONTGOMERY. - House & Lot on Halloway St in Baltimore, previously from Marcus DENNISON (to daughter Isabella during her natural life, then to children of Mary Ann) - Farm on George Town Road where son James then lived (to son John after the death of son James and his wife or if James has children, then convey to his children) land previously from Joshua JOHNSON. SLAVES - negroes JACK and ALLEN (to son James); others not named Execs/ son John and friend & son-in-law, Plummer IJAMS Witnesses: Aden ANDERSON, William B. DORSEY, G. M. EICHELBERGER [Will written 24 Jan 1846] Testimony was heard from John MONTGOMERY who claimed to know all the parties since their birth except for Mr BROWN and has known him since 1847. Trustees were James IJAMS and Richard IJAMS with sureties as John MONTGOMERY, John WILCOXON and G. M. EICHELBERGER. SALE was held 26 Mar 1853 in Ijamsville, but, receiving no sufficient bids, was later sold at private sale to: - James A. BAUGHMAN at $2,600. Distribution of $2,600; court costs, $366.51 - James IJAMS, Richard IJAMS and Joshen BROWN, each 1/4, $558.37 - John M. CARPENTER, curtesy share of 5/16 of 1/4, $170.49 - W. H. CARPENTER and Julia R. CARPENTER, each $191.94 Filed 30 Aug 1853. (See Supplemental at AF-2, 89) ES-2, 253-256 - CARPENTER - Mar 1854 John M. CARPENTER of King George Co, VA John M. CARPENTER petitioned the court in 1854 for his children, William Henry CARPENTER (age 10) and Julia Rebecca CARPENTER (age 5) to obtain their legacies from the Estate of Plummer IJAMS Sr. and from Estate of Issabelle C. BRYANT and from Estate of John MONTGOMERY Sr. Sureties for the bond posted in Virginia were Richard V. TEFFEY and James PHILLIPS. The court approved the monies be paid to John M. CARPENTER for his children. ES-2, 256-266 - JACKSON, DIGGS, HOWARD, WINDSER - Mar 1853 William J. ROSS, creditor vs William G. HOWARD, adm/of John JACKSON & Others John JACKSON, a free negro, d/ Feb 1853 intestate d/ Christina DIGGS d/ Mary JACKSON - Virginia (Possibly there may have been other children, but these two were listed as being the only children free at his death and were entitled to possess the land.) Land - "Omi Land" and "Resurvey on the Two Bachelors", 8+ acres, from Charles JOHNSON in 1838; on the south side of Bennetts Creek, it being the southern margin of the Old Forge Dam. Administrator was William G. HOWARD with sureties were Daniel BAKER and Daniel HOOD. Sale was made to Edmund L. WINDSER at $250. Distribution: Court Costs, $61.81; - Balance to William J. ROSS of judgment he filed. Filed 16 Dec 1853. ES-2, 266-291 - RICE, BATEMAN, CAMPBELL, DALASHMUTT, KEEFER, MILLER - Dec 1853 Farmers Bank of Maryland vs Elkanh BATEMAN, surviving partner Lewis RICE & Elhanah BATEMAN were partners in a milling business, trading as Rice & Bateman, until the death of Lewis RICE. Land - "Keefer's Prospect", 21 acres with a mill, buildings and water rights; from Michael KEEFER (w/ Catharine A.) in 1850 (previously from Major Henry KEEFER); located on west side of county road leading from Frederick Town to Keefer's Mill; property known as "Grapefield Mills" and situated on Ballenger's Creek. - Lot in Frederick Town known as The Union Hotel, on the east side of South Market St and beginning at the 74' 9" from SE corner of Market & Patrick Sts; from Joshua DILL in 1851 (previously owned by Benjamin GILBERT and lost from insolvency). Lewis RICE d/ 14 Oct 1852 widow - Rosanna D. RICE d/ Sarah R. (age 23) w/o Elkanah BATEMAN s/ Charles J. RICE (AGE 19), a minor d/ Martha M. RICE (AGE 16), a minor s/ Benjamin F. RICE (AGE 14), a minor s/ Lewis F. RICE (AGE 8), a minor (Ages given on 24 Jun 1853 and they resided in Frederick city.) Guardian was Abner CAMPBELL; testimony was heard from Elkanah BATEMAN and Elias L. DALASHMUTT. Trustee was Michael KEEFER with sureties as Jacob KEEFER and Griffen TAYLOR; after a failed sale, a second sale was held at the City Hotel in Frederick on 24 Sep 1853. High bidders were: - John F. MILLER for the lot in Frederick Town at $4,301 - for the mill property, a bid was received for $5,100, but was rejected. Distribution of the $4,301 went to court costs and the mortgage owed to the bank. Michael KEEFER asked to be discharged from being trustee so that he could bid on the mill property (he was standing to lose a lot of money because a sufficient bid wasn't offered again). Then, William J. ROSS and M. B. LUCKETT were appointed trustees for the sale. The next sale was held at the Hotel of N. B. HARDING in Frederick on 5 Nov 1853 and high bidder was Michael KEEFER at $5,050. Distribution for the latter sale went to court costs, mortgage to Jacob KEEFER and part of judgment to the bank. Filed 30 Dec 1853.' ES-2, 291-307 - KOONTZ, KELLER, WADE, HOBBS, STRAEFFER - Dec 1853 George SMITH vs Margaret KOONTZ & Others George KOONTZ d/ 28 Sep 1852 intestate widow - Margaret d/ Ann Minerva KOONTZ, w/o John H. KELLER s/ George S. KOONTZ - Baltimore city d/ Elizabeth KOONTZ, w/o Thomas WADE s/ Charles F. KOONTZ, a minor d/ Fanny R. KOONTZ, a minor s/ James KOONTZ, a minor d/ Sophia W. KOONTZ, a minor Land - Lot #63 in Frederick Town on the west side of Market St; from Godfrey KOONTZ in 1842 (previously from Griffin TAYLOR and w/ Susan Ann Rebecca TAYLER in 1842. Administrator was Worthington ROSS; guardian was Peter L. STORM. Testimony was heard from Resin HOBBS. Trustee was Worthington ROSS with sureties as William J. ROSS and Godfrey KOONTZ. Sale was held at the Hotel of Ezra SHANK in Frederick on 5 Mar 1853 for the previous home of George KOONTZ; hight bidder was John STRAEFFER at $2,305. On 21 Mar 1853, Rezin HOBBS testified he knew the widow who was 47 years old and in good general health. Distribution: court costs, $204.70; - the widow, 1/8 or $262.53 - Balance to creditors. Filed 3 Jan 1854. ES-2, 307-327 - STONER, ANDREWS, HITESHEW, ENGLAR, KINZER, ROBERTS, RINEHART, SHRINER, WOLFE, PLAINE, McKINSTRY, STOUFFER - Aug 1853 Ephraim STONER & Others vs John STONER & Others John STONER of Carroll County, MD d/ 2 Sep 1852 intestate widow - Elizabeth s/ Ephraim STONER s/ Henry STONER - Carroll County d/ Mary Ann w/o Aaron ANDREWS d/ Elizabeth w/o Charles HITESHEW - Carroll County s/ John STONER (abt age 19), a minor d/ Hannah, dec'd w/o Howard ENGLAR, dec'd ...Mary E. ENGLAR (abt age 12), a minor - Carroll County Land - "Resurvey on Forest In Need", "Hard Lodging", "The Oval", (Home place and mill property), 136 acres, (lies in both Frederick and Carroll counties); starts on east side of Sam's Creek. - Lot #4, 42 acres - Lot #5, 33 acres - Lot #12, 10 acres - Lot #6, 26 acres - Lot #7, 10 acres - Lot #8, 7 acres - Lot #9, 14 acres - Lot #10, 10 acres - Lot #11, 12 acres Guardian of Mary was William N. HAYDEN, Esq; guardian of John was Samuel CARMACK, Esq. Testimony was heard from John KINZER. Trustees were Ephraim STONER, Henry STONER and William ROBERTS with sureties as John W. WILHIDE, Samuel McKINSTRY and John SMITH. Sale was held on 21 Nov 1853 at the homestead in Carroll County; high bidders were: - Jonas ENGLAR and Josiah ENGLAR for home place and mill at $13,208.48. - Jonas ENGLAR and Josiah ENGLAR for Lot #4 at $2,225.93 - Israel RINEHART for Lot #5 at $1,822.12 - Israel RINEHART for Lot #12 at $1,183.55 - Aaron ANDREWS for Lot #6 at $1,468.50 - Isaac SHRINER for Lot #7 at $817.87 - Samuel WOLFE for Lot #8 at $911.19 - Jacob SHRINER for Lot #9 at $280.50 - Hyram PLAINE & Joseph STOUFFER for Lot #10 at $312 - Joseph McKINSTRY for Lot #11 at $112.50 Total sales, $22,342.66. Distribution of $8,426.55; court costs $911.37; - the widow, 1/9 or $835.02 - each child's 1/6 share, $1,113.36 ES-2, 328-338 - SCHLOSSER, ROUTZONG, ROUZER, MAIN, AHALT, WATERS, SMITH - May 1853 Samuel AHALT, exec/of Peter SCHLOSSER & Others vs Jacob SMITH & Others Peter SCHLOSSER d/ Sep 1851 (Will) d/ Lydia wid/o Enos ROUTZONG d/ Catharine w/o Henry ROUZER d/ Elizabeth w/o Frederick MAIN d/ Mary Ann w/o Samuel AHALT d/ Ann w/o James WATERS Deed of trust to Peter SCHLOSSER from Jacob SMITH of M. and w/ Rebecca, for the creditors of Jacob. Land - "Aaron's Rod", "The Resurvey on Pamman" and "The Year of Plenty", 118 acres; previously to Smith from Tobias HORINE in 1858. Deed of Trust included farm animals and equipment. Trustee was Samuel AHALT with sureties as Jacob BAER and Edward L. HERRING. Private sale was made to Jacob SMITH of M. at $8,910. After outstanding debts were paid to creditors, $4,585.20 was received by Jacob SMITH of M. Filed 30 Dec 1853. ES-2, 338-348 - HALLER, COLE, BOTELER - Oct 1853 Ann L. HALLER, guardian of Maria HALLER and Caroline HALLER Philip HALLER d/ abt 1841 intestate widow - Ann Louisa d/ Malinda D. HALLER (age 21) s/ Abner HALLER (age 21) d/ Maria L. HALLER (age 17), a minor d/ Calvin J. HALLER (age 16), a minor Land - Lots #156, 157, 158 in "Addition to Frederick Town", fronting Market St and along All Saints St; previously from Jacob HANE in 1825. The lots were opposite Rice's Hotel. An agreement was made to sell parts of the lots to Baltimore & Ohio Rail Road Company for $2,000 of which $266.66 was to be paid as a dower to the widow. William G. COLE was appointed as guardian. Testimony was heard from Henry BOTELER and Jacob HALLER. The sale was approved to the Rail Road and the minor children's interest was to be invested. ES-2, 348-373 - MILLER, YOUNG, MUSSELMAN, LIGHTER - Dec 1853 Hannah YOUNG by her next friend John H. YOUNG vs Henry YOUNG Sr & others Conrad MILLER d/ 1804 intestate s/ John MILLER and w/ Catharine d/ Mary w/o David MUSSELMAN d/ Ann w/o Henry LIGHTER d/ Hannah w/o Henry YOUNG ...s/ John H. YOUNG ...s/ Henry YOUNG Jr ...s/ Jonas YOUNG Land - "Resurvey on Wooden Platter", 129 acres, from Jacob MILER in 1795; neighbor was Henry BOTELER and William KLEIN, John MILLER of H., Peter YOUNG and is on east side of Catoctin Creek and by road leading from Old Hagerstown Road to George BETEBENNER's mill; there was a spring leading to Middle Creek on the north side of land. It includes "Taken in Time", 6 acres, previously from Thomas BEATTY in 1797. Included was a portion of 15 acres which had previously been sold to Christian BALLINGER and w/ Mary. Henry YOUNG purchased all the interests of Hannah's siblings. Later, Henry conveyed to John J. SMITH the property in trust to pay off all the debts of Henry. Smith sold said land to Jonathan PERRY at $6,723.64, but Hannah is still claiming her dower portion. However, there had been a previous mortgage on the property to George BOWLUS. Testimony was heard from John J. SMITH, George BOWLUS, and John ALEXANDER, The court approved that Hannah have her 1/4 interest as dower. ES-2, 373-396 - COBLENTZ, REMSBURG, ROUTZONG, KEAFAUVER, DERR, CAMPBELL, SIFFORD, DANNER, LOATS, BECKENBAUGH, YOUTSEY, MOTTER, DOUT, SUMMERS - Apr 1853 John COBLENTZ of P. & Others vs Philip COBLENTZ & Others John Philip COBLENTZ d/ 28 Jan 1853 intestate widow - Elizabeth s/ John COBLENTZ and w/ Sarah REMSBURG s/ Henry COBLENTZ and w/ Ann Magdalena ROUTZONG s/ Philip COBLENTZ and w/ Mary Ann KEAFAUVER d/ Sarah w/o John ROUTZONG d/ Elizabeth w/o Daniel DERR d/ Eve wid/o George L. ROUTZONG d/ Leonora w/o Jacob KEAFAUVER d/ Catharine, dec'd w/o John REMSBURG, and their children, ...Lewis H. REMSBURG (age 25) ...Stephen Carlton REMSBURG (age 23) ...John Harman REMSBURG (was age 21 by 22 Jun 1853) ...Ann Rebecca E. REMSBURG (age 19, a minor ...Joshua Philip REMSBURG (age 17), a minor ...George Israel REMSBURG (age 16), a minor ...Henry Calvin REMSBURG (age 14), a minor ...Amos W. REMSBURG (age 12), a minor ...Mahlon Reuben REMSBURG (age 8), a minor Land located in Middletown Valley - "Stoney Land", 218 acres; from Harman COBLENTZ in 1806 (previously from Peter COBLENTZ in 1791) and also "Elversen", 3+ acres (previously from Martin KEPLINGER in 1797; - Lot #4 of "Resurvey on Mansylvania", 50 acres; next to tract "All Bottles Full"; from heirs of George BECKENBAUGH in 1833 - all of Montgomery Co Ohio: - Catharine & John YOUTSEY - Elizabeth & Henry MOTTER - Margaret & Henry DOUT - Mary & William T. SUMMERS - John BECKENBAUGH & w/ Catharine - Magdalena & Peter COBLENTZ - George BECKENBAUGH (now of Frederick Co, MD in 1833). - Lot #3 of "Mansylvania", 50 acres, from Adam KELLER & w/ Maria and David BOWLUS & w/ Sophia in 1833. Guardian was Abner CAMPBELL. Testimony was heard from John SIFFORD, Joseph DANNER (gave children's ages). On 27 Jul 1853, the widow testified she was 75 years old. Trustees were John COBLENTZ of P. and Henry COBLENTZ with sureties as Samuel BOWLUS and John RAMSBURG. Sale was held on 17 Dec 1853, sales for mountain land went to - Philip COBLENTZ for the home place at $50/acre - John SIFFORD and John LOATS for Lot #1, 16+ acres, at $41/acre - John SIFFORD and John LOATS for Lot #2, 14 acres, at $40.25/acre - John SIFFORD and John LOATS for Lot #3, 18+ acres, at $45/acre Distribution of $12,999.37; court costs $571.48; - widow Elizabeth COBLENTZ, 1/10 or $1,242.78 - each 1/8 share to children was $1,398.13. Filed 14 Feb 1854. ES-2, 397-423 - SMITH, RAMSEY, ANDERSON, THOMAS, RINEHART, SLAVES - Nov 1852 Thomas A. SMITH & Others vs CORVILLA H. SMITH & Others John H. M. SMITH d/ abt 1 Jan 1850 (Will written 22 Dec 1849) widow - Corvilla(?) H. SMITH bro/ Philemon M. SMITH Sr. of Montgomery Co, MD, his children .....Philemon M. SMITH Jr. - Washington Co, MD .....Thomas A. SMITH .....William H. SMITH (d/ between 1850-1852) .....Charles C. SMITH .....Ann E. SMITH, now w/o Charles RAMSEY - Baltimore city .....Mary H. SMITH, a minor .....Joseph R. SMITH, a minor .....Rachel Ann SMITH, a minor .....Ary SMITH, a minor Nephews - Nacy W. SMITH - Montgomery Co, MD - William P. ANDERSON - Henry M. ANDERSON - Charles C. ANDERSON - Absalem ANDERSON sis/ Ann THOMAS Exec/ wife and nephew Philemon M. SMITH Jr. Witnesses: E. W. MOBBERLY, Samuel STEPHENS and Edward HOUCK Land - "Hickory Plains" and "Dorseys Partnership", 120 acres, farm and mill near New Market (conveyed to John H. M. SMITH and Thomas ANDERSON as tenants in common in 1830 by Silas HIBBARD and John MILLS, trustees for estate of Joseph HIBBERD). Land was previously owned by Anthony POULTNEY and located on the east side of the road leading from the mill to Hyatts Town. Thomas ANDERSON d/ 1852; trustee was H. M. ANDERSON who sold Thomas' half interest to David RINEHART who is now in possession of the farm and mill and he is using, occupying and taking all the rents and profits. John H. M. SMITH's will freed his "servants" when they arrived at the age of 35, but no names were given. Guardian was Philemon M. SMITH Jr. Testimony was heard from Benjamin F. SCHWARTZ Trustee was H. Mortimer ANDERSON. Sale was held on 10 Jul 1852 in front of the tavern of Thomas ETCHISON in New Market. Sale to - Mrs. Ann THOMAS for Lots 26 & 93 with dwelling in the village at $1,701 - Doctor George HUGHES for "New Market Plains", 1 acre, at $117 - Joshua WOOD for "New Market Plains", 7/8 acre, at $100 - David RINEHART for undivided half of farm and mill at $3,625 - Hugh McALEER for undivided half of lot and stone house on a corner of mill farm at $525 part of "Hobbs Purchase", 14 1/2 acres, was not sold as widow's dower had not been calculated on it. Gross sales, $6,524.45. Private sale was later made to David RINEHART for the remaining property at $7,250 On 14 Apr 1853, petition was filed by H. Mortimer ANDERSON to obtain fees charged for medical services for William H. SMITH, now deceased. William had been ill for the past two years. Distribution of $7,250; court costs, $353.68 - David REINHART, 1/2 or $3,452.54 - widow, Corvilla H. SMITH, 1/3 or $382.64 - George HOSKINS, register for taxes, $76.52 - children of Philemon M. SMITH Sr, each 1/9, $373.07 ES-2, 424-439 - SHOEMAKER, BOWERS, OHLER, HOCKENSMITH, HITESHEW - May 1853 Adam T. HOCKENSMITH, John HITESHEW and w/ Hannah and Isaac OHLER and w/ Izariah, creditors & Others vs Elizabeth SHOEMAKER & Others Daniel SHOEMAKER (Will written 10 Mar 1852) widow - Elizabeth s/ Daniel Lawrence SHOEMAKER, a minor s/ John Maxwell SHOEMAKER, a minor s/ Jeremiah David SHOEMAKER, a minor Witnesses: Henry SIX, Samuel VALENTINE, Samuel OHLER (sons were not named in Will) Land - 100 acres, in Emmitsburg District Administrator was Adam BOWERS; Guardian was Samuel CARMACK. Testimony was heard from John ROWE. Trustee was Adam BOWERS with sureties as Michael SLUSS and William GILLELAN. On 3 Dec 1853, sale was made to Isaac OHLER for 58 acres at $11.50/acre or $671.38. Distribution went to creditors, except for $34.75 to each of the children. ES-2, 439-449 - SHEETS, HARBAUGH, NULL, WAYBRIGHT - Sep 1853 Jacob SHEETS & Elias SHEETZ - on Petition George SHEETS d/ Jun 1852 (Will 5 Feb 1850) widow - Ann Elizabeth s/ Elias SHEETS d/ Mary HARBAUGH d/ Susannah w/o Samuel NULL (d/ betw Jul 1852- Sep 1853) s/ Jacob SHEETS s/ Mathias SHEETS, now dec'd - Out of State ...Henry W. SHEETS, a minor ...Julia Ann SHEETS, a minor ...Anne E. SHEETS, a minor ...Mathias SHEETS, a minor d/ Sabella SHEETS w/o John SHEETS s/ Lewis SHEETS Exec/ son-in-law, Samuel NULL Witnesses: Jacob ZUMBRUN, Samuel VALENTINE, Jacob SHOEMAKER Land - "Neighbors Agreement", 132 acres, from Jacob SHEETS Sr in 1805; adjoining lands of Jacob SHOEMAKER and William WHALTER; located on great road leading from Emmitsburg to Littlestown. Trustee was Jacob SHEETS with sureties as Andrew ANNAN and Joshua MOTTER. Sale was held on 30 Nov 1853; high bidder was Abraham WAYBRIGHT at $2,367. Distribution in Jan 1854 of $2.367; court costs, $181.60; - widow, $828 - in trust for Elias SHEETS, $828 (he was possibly disabled in some way as monies were to be used for his support and later burial (originally to go to Samuel NULL as his caretaker) - Mary HARBAUGH, Susanna NULL, Jacob SHEETS, Sebilla SHEETZ, Lewis SHEETS - each rec'd $88.23 - children of Mathias SHEETZ - each rec'd $22.05 The trust fund for Elias SHEETS was transferred to Andrew ANNAN. Filed Apr 1854. ES-2, 449-463 - KUHN, DEVILBISS, HERRING, BIGGS, COVER, CARMACK - Aug 1852 Edward DEVILBISS & Others vs Catharine E. KUHN & Others Zebulon KUHN d/ (Will 31 May 1841) widow - Catharine E. s/ Joseph L. KUHN - Out of State d/ Louisa w/o Edward DEVILBISS d/ Eliza w/o William H. HERRING s/ Franklin KUHN, a minor d/ Ellen Jane KUHN, a minor Execs/ William BIGGS of J. and Leonard PICKING (he declined trust); but William BIGGS is now deceased. Witnesses: William LYONS, Jacob GERNAND, Henry BUCKMYER Land - House & Lot in Woodsborough Guardian was William H. HERRING. Testimony was heard from John COVER who stated that the KUHN's are children of his sister. Trustee was William H. HERRING with sureties as John COVER and John SMITH of M. Sale was held on 10 Dec 1853 on the premises; high bidder was William CARMACK of John at $700. Distribution of $700; court costs, $133.38 - widow, 2/15 or $75.55 - each 1/5 to the children, $98.22 Filed 22 Sep 1854. ES-2, 464-472 - SUMMERS, PUTMAN - Jan 1853 John PUTMAN vs John SUMMERS Land - Home Farm, 23 acres, from Robert PATTINGALL and w/ Sarah in 1839, lies adjacent to John HORINE's Mill and near village of Beallsville. - "At Last Agreed", 24 acres of mountain land near Hamburg, adjoining lands of John STINE and others; from Eli MICHAEL and Elizabeth MICHAEL in 1841. - "The First Day of June", 34 acres of mountain land, from Adam MILLER and Others in 1837. The three parcels were owned by John SUMMERS and mortgaged to John PUTMAN; said mortgage now delinquent. Testimony was heard from William METZGER. Trustee for the sale of the property was George BOWLUS with sureties as Daniel KEAFAUVER and Lingan BOTELER. Sale was held at J. PERRY's store in Beallsville on 3 Sep 1853, but a sufficient bid wasn't received. Since then, private sale was made to Samuel T. SUMMERS for the 'Home Farm', first described above, at $875. Distribution: court costs, $99.84 - John PUTMAN, $598.63 - John SUMMERS, $176.53 balance. Filed 15 Mar 1854. ES-2, 473-478 - WEAVER, LOGUE, BARTGIS, HENRY, ADAM - Jan 1853 Lewis LOGUE and Mary LOGUE - On Petition Catharine WEAVER of Frederick Town d/ Jan 1853 (Will 15 Sep 1851) - Mary & Lewis LOGUE ...d/ Mary Catharine LOGUE ...d/ George Anna Virginia LOGUE ...s/ William Samuel LOGUE - Margaret wid/of Mathias E. BARTGIS sis/ Mary HENRY Land - House & Lot on corner of East 5th St & Middle Alley and part of Lot #234 in the "Addition to Fredericktown", conveyed to Mary HENRY and Catharine WEAVER by Jacob ROWE and wife in 1831. - Adjoining House & Lot conveyed to Eve HENRY by Peter DOFLER in 1802 Exec/ Lewis LOGUE Witnesses: Lewis H. DILL, George T. DILL and J. M. HARDING Petition asked that a substitute be appointed as trustee for sale of property; Grayson EICHELBERGER was appointed. Sale was held on 28 Jan 1854 at SHANK's Hotel; sales to: - Lewis LOGUE (1st mentioned lot above) at $300 - William ADAM for (2nd mentioned lot above) at $286. Distribution of $586; court costs $131.17; - taxes $115.38 - Mary LOGUE, 1/2 or $169.72 - Margaret BARTGIS, 1/2 or $169.72 Filed 23 Mar 1854. ES-2, 478-486 - BRAWNER, BAUGHER, KERRIGAN, PEARSON - Jan 1854 James W. BAUGHER, surviving partner of Isaac BAUGHER & Co vs Ann M. BRAWNER & Others Joseph M. BRAWNER was indebted to Isaac BAUGH & Co. Isaac BAUGHER died in 1848 leaving James W. BAUGHER as the surviving partner of their company. Joseph M. BRAWNER d/ 1850 intestate (died in Wheeling, VA/WV) widow - Ann Maria d/ Genevieve BRAWNER, a minor s/ Joseph BRAWNER, a minor (children are between the ages of 5 to 12) Land - 7 acres, lying 3 miles south of Emmitsburg near Mt St Mary's College, from William MORT and w/ Catharine in 1846. Guardian was James KERRIGAN Jr. Testimony was heard from Isaac E. PEARSON. Trustee was Grayson EICHELBERGER. Private sale was made to Joseph BAUGHER at $400. After court costs, the balance went to James W. BAUGHER. Filed 28 Mar 1854. ES-2, 486-498 - ADAMS, KIMMEL, DEVILBISS, BITZENBERGER - Jul 1853 Ezra CRAMER, next friend of John ADAMS, an infant - on Petition Jacob ADAMS d/ abt 1850 s/ John ADAMS, (age 17) a minor Land - "Ogles Necessary Compact", 3/4 acre, from Samuel DEVILBISS, heir of John DEVILBISS of Caspar in 1828 (previously to John DEVILBISS from Alexander OGLE). - Lot #5 of "Resurvey on Remsburgs Chance", 7 1/2 acres, from JACOB ADAMS to Elizabeth ADAMS in 1816; (adjoins other tract). Guardian was Anthony KIMMEL; testimony was heard from David DEVILBISS who stated that Elizabeth ADAMS also died about 1850, about a week after her brother, Jacob ADAMS. He also stated that Jacob didn't own any property and that Elizabeth owned the property and her nephew John ADAMS was her only heir. Ezra CRAMER was appointed trustee to sell the property; sale held 28 Jan 1854, high bidder was William BITZENBERGER for 1 1/2 acres at $150. Distribution: court costs, $77.47 - to John Adams $72.53. Filed 5 Jan 1855. ES-2, 498-513 - TROXELL, NICKUM, WISE, DAVIS, BAUGHER, CLUTZ, STUART - Dec 1852 William TROXELL & Others vs John NICKUM & Others Samuel TROXELL of Emmittsburg, dec'd (Will 8 Jan 1851) bro/ William TROXELL sis/ Eliza (d/ Spring 1852) w/o John NICKUM, her minor children, .....Romanus J. WISE .....Eugene WISE .....Ann Elizabeth WISE .....Clara Amanda NICKUM .....Catharine Sophia NICKUM sis/ Mary Ann w/o John DAVIS sis/ Catharine s/o James BAUGHER sis/ Amanda TROXELL Exec/ brother William TROXELL Witnesses: George W. AUGENBAUGH, Joshua ROWE and Isaac PEARSON Land - Lots #4 and 5 in "Shields Addition to Emmitsburg", to Samuel TROXELL and William TROXELL as tenants in common from their mother Catharine TROXELL's Will dated 29 Dec 1852; lots front Main St and #4 has one-story frame house and one-story stone house and #5 has a two-story brick house and a brick tan house and a brick bark shed and tanyard and is on north side of Main St. There are also four back lots containing 6-7 acres and are bounded by Jacob WINTER on the east and Robert CROOKSON on the north, by the Gunbutt on the west and by an alley on the south which has a barn. - Samuel and William also had a tannery in partnership with the state of Virginia. - "Carrollsburg", 3 acres, to Samuel TROXELL and William TROXELL from Alfred JONES and w/ Mary Ann in 1847; from Will of George WEAVER dated 9 Mar 1840; located next to Isaac BAUGHER's land and lane leading by German Church to Poplar Ridge. Guardian was John NICKUM; testimony was heard from Eli CLUTZ who testified that John D. NICKUM was between 35-40 years old. Trustee was William TROXELL. Private sale was made to - Margaret B. STUART for Lot #5 (tanyard property & was home of Jacob TROXELL, dec'd) at $1,350 - John D. NICKUM for 2 Lots (on North side fronting the alley next to Joshua SHORB on the East, Jacob MOTTER on the north and meadow lot of Samuel & William TROXELL on the west), 4 acres, at $387 - Frederick TROXELL & Philip HARDMAN for the Jones Lot at $102 Total sales, $1,839.60. Distribution: court costs $176.43 - William TROXELL, co-tenant, $831.28 - Taxes, $20.78 - William TROXELL, Mary A. DAVIS, Catharine BAUGHER & Amanda TROXELL, each received 1/5 or $162.10 - John D. NICKUM, his curtesy portion 3/16 or $30.39 - Each of Eliza NICKUM's children, $26.34 Filed Feb 1853. ES-2, 513-522 - STALEY, LENHART, HOUCK, SNOOK, CARMACK, WEDRICK, MULLEN, WACHTER - Aug 1853 Jacob STALEY and John STALEY vs William STALEY & Others George F. STALEY d/ June 1853 intestate bro/ Jacob STALEY bro/ John STALEY bro/ William STALEY sis/ Polly w/o Henry LENHART sis/ Catharine w/o Daniel HOUCK sis/ Susanna w/o Joshua STALEY sis/ Rebecca STALEY sis/ Elizabeth, dec'd w/o Simon SNOOK .....Dennis SNOOK Land - Farm, 114 acres, Guardian was Samuel CARMACK, esquire. Testimony was heard from Hugh MULLEN who stated that George was indebted to his mother, Elizabeth STALEY for the purchase of the real esate, she being an heir of Christian WEDRICK, dec'd. Trustee was Jacob STALEY, with sureties Adam STULL and Jacob STULL. Sale was held on 13 Feb 1854 at the farm of Ezra SHUNK, high bidder was Philip WACHTER Jr at $4,681.83. Distribution: court costs $256.09 - Elizabeth STALEY, her claim, $2,680.57 - state tax $43.50 - each 1/8 share to George's siblings, $212.08 Filed 18 Apr 1854. ES-2, 522-546 - HAINES, ENGLAR, LIGHTNER, SHUGH - Dec 1854 John ENGLAR of P & Others vs Ann HAINES & Others William M. HAINES d/ 4 Oct 1852 intestate widow - Anna and three minor children d/ Elizabeth HAINES d/ Rosalia HAINES s/ Jesse HAINES The widow was the administrtor. Land - Farm, "Hazel Valley" and "Resurvey on Forrest in Need", 192 acres, lies in both Frederick and Carroll Counties, the larger portion is in Frederick county where the mansion house is situated; from Daniel HAINES and w/ Elizabeth (parents of William M. HAINES) in two deeds in Jan 1846 and Apr 1849. Land lies next to land of Mathias STEIN and is on Sams Creek and has stone house, stone barn, stone spring house, hog house and two waggon sheds with two streams. - also adjoining Lot #2 in "Resurvey on Small Beginning", 24 acres, lies next to "Rich Indian Garden" and lands of William WEBB and Joel PUSEY. - "Resurvey on Forrest in Need", 16 acres, mostly in Carroll County, lies next to "Rich Indian Garden", from Daniel HAINES and w/ Phebe in 1849 (Daniel is William's father); also "Hazel Valley" and "Resurvey on Small Beginning", 51 acres, in Frederick County. Guardian was John ENGLAR of Joseph. Testimony was heard from Daniel HAINES who stated the widow was about 24 or 25 years old. Trustee was Daniel HAINES with sureties as John ENGLAR, Joel HAINES, and Jacob SHRINER. Sale was made on 14 Oct 1853 to John A. SHUGH at $70.42/acre. On 20 Dec 1853, Davis LIGHTNER testified the widow, Anna HAINES, and stated she was 24 years old and was born Jan 25, 1828, about 7 am. Distribution of $13,260.08; court costs and survey $565.14; - Anna HAINES, widow's dower, 1/7 or $1,813.56 - Hiram S. HAINES, his claim, $1,105 - Joel HAINES, his claim, $552.50 - Nathan HAINES, his claim, $2,209.67 and several other creditors, leaving a balance for heirs of $6,736.36 - Anna HAINES, for maintenance of Jesse HAINES who has since died, $40.50 and $5 for his tombstone - Elizabeth HAINES and Rosela HAINES, each $2,049.86 ES-2, 546-573 - MILLER, EICHELBERGER, GILBERT, DUTTERER, EYLER, KOONTZ, LAUGHTERBAUGH, OTT, BROWN, MORT, HINEY John W. MILLER & Others vs Thomas A. MILLER & Others - Nov 1851 William MILLER d/ Jul 1851 intestate (Woodsboro District) widow - Mary Ann or "Polly" s/ John W. MILLER and w/ Joana (EICHELBERGER) s/ William MILLER Jr and w/ Ann Eliza (GILBERT) d/ Mary Ann MILLER and h/ HEZEKIAH DUTTER/DUTTERO - Carroll County, MD s/ Thomas Augustus MILLER and w/ Sarah (EYLER) s/ Zachariah MILLER (a lunatic) d/ Catharine MILLER (d/ 1834), dec'd w/o Isaac KOONTZ - Ohio .....Thomas F. KOONTZ - Ohio .....Clemantine Matilda KOONTZ w/o John LAUGHTERBAUGH - Ohio .....William Wallace KOONTZ - Maryland .....Frederick Francis KOONTZ, a minor - Ashland Co, Ohio LAND - "Millers Fancy", 526 acres less 100 acres sold; obtained by Special Warrant in 1829 and included parts of "Sixth Dividend", "Resurvey on Tura", "Resurvey on Royerton Plains", "Pittingers Lot", "Water Lot" and "Resurvey on This or None". Property started at corner of (Daniel) PITTINGER's Grave Yard. Neighbors were Peter ALBAUGH, James GRIMES, John GRIMEs, John FLOWER, Jacob OTT and the Monocacy River. (see Equity JS-3, 48-56) - Mountain tract, 46 acres, from William CREAGER and w/ Elizabeth in 1839; neighbors were Washington BENNETT (east), Christian HOOVER and John HOOVER (north), heirs of Richard H. JONES (west) and Jacob FIROR (south); (previously from Nathan EYLER to Creager in 1835); lies one mile from Mechanics Town. - Mountain lot, 60 acres, from Susan OTT's Will (previously from estate of John GRINDER and his widow Magdalena GRINDER in 1843; located on road from Mechanics Town to Smithsburg. Susan OTT, dec'd (daughter of Michael OTT) bro/ John OTT nephew/ Thomas OTT cousin/ William MILLER (mountain lot) Exec/ William MILLER Witnesses: John OTT, John WARNER and John W. MILLER [Will written 21 Oct 1853] Zachariah's share is held in trust by his brother, Thomas A. MILLER. Guardian for Zachariah for the sale of the real estate was John A. LYNCH. Guardian in Ashland Co, Ohio for Frederick F. KOONTZ was John H. McCOMBS. On 2 Mar 1852, testimony was heard from John TROUT and John SMITH of M. The latter claimed he had heard land in Indiana was also owned by William MILLER. At an inquisition regarding Zachariah by Sheriff Norman B. HARDING on 16 Oct 1851, the following ages were given for the Miller children: John W., 45; William, 38; Mary Ann, 34; Thomas A., 30; and for Catharine Miller Koontz' children: Thomas, 25; Clementina, 23; William, 21; and Frederick, 18. On 25 Apr 1852, John OTTO testified the widow, Mary Ann MILLER was 71 and her general health was tolerable. Trustee for the sale was John W. MILLER; on 30 Sep 1852, sale went to: - John COVER for mountain lot (Creager's) at $4/acre or $160. No sufficient bids were received for the other properties; therefore private sale was later made to - Ignatius BROWN for the larger mountain lot at $200 - William MORT for 181 acres of part of 'Pittinger Farm', now known as "Miller's Fancy (recently surveyed by Joshua BIGGS) at $30/acre - Henry HINEY for 3 acres on SW side of 'Pittinger Farm" @ $25/acre 1st Distribution of $5,865; court costs, $359.95; - to widow, Mary Ann MILLER for 1/10 dower, $550.50 - each child's 1/6 share, $825.75 (Catharine KOONTZ's children each rec'd $206.43 from her share) Filed 19 May 1854. (also see ES-3, 176-179; ES-3, 517-519; ES-4, 386-388; BGF-1, 271-274) ES-2, 573-592 - ROUTSONG, SHAFER, CAMPBELL, MAIN - Apr 1853 Daniel ROUTSONG vs Jonathan ROUTSONG & Others Ezra A. ROUTSONG d/ Feb 1853 intestate widow - Margaret A. (SHAFER) (age 33 in Mar 1853) d/ Frances Virginia ROUtSONG, a minor (age 11 in Mar 1853) d/ Charlotte Elizabeth ROUTSONG, a minor (age 8 in Mar 1853) Administrator was Johnathan ROUTSANG. Margaret ROUTSONG, the widow, had become "insane" (Feb 1853 inquisition stated she was that way since 1845) and Thomas SHAFER was appointed her trustee. Land - "Mantz Management", "Wardroof" and "I Have Lost the Most", 176 acres, from his father, Daniel ROUTSONG, lies next to lands of Daniel ROUTZAHN, Jacob SMITH, George SMITH, John ROUTZAHN of B., Jonathan ROUTZAHN, Mrs. Hannah BAKER, Main Road from Middletown to Jefferson, near Mount Nebo School House, George SHAFER, Henry BURGESS; surveyed by John W. RAMSBURG. It lies 2 1/2 miles south of Middletown, has 2-story stone dwelling with a back building attached, an 80-foot long Switzer barn, wagon shed, horse stable, carriage house, smoke house and spring house Guardian was Abner CAMPBELL; trustee was Joseph ROUTSONG. Sale was held on 31 Dec 1853, high bidder was Daniel MAIN at $13,228.16. John SHAFER's estate was sold by trustees, John Randolph SHAFER and Robert SHAFER, with a portion of $2,337.36 going to Margaret ROUTZONG, one of his daughters. Distribution of $11,821.25; court costs, $545.29; - Daniel ROUTZAHN (purchase money due him), $5,946.82 - Margaret ROUTZAHN, widow, in lieu of dower, 1/7 or $761.30 - Randolph & Robert SHAFER, trustees, their claim, $2,470.61 - Frances V. ROUTZAHN, $1,048.61 - Charlotte E. ROUTZAHN, $1,048.61 Filed 13 May 1854. ES-2, 592-600 - BIGGS, KNOFF, KUHN, COVER, SMITH, MARTIN, OGLE, BLAIR, RIDENOUR, HESSER, DEBILBISS, HERRING, TROXELL - May 1853 Joseph S. KUHN & Others vs John SMITH & Others Jacob BIGGS d/ Oct 1822 (Will 3 Oct 1822; 21 Oct 1822) s/ Jacob BIGGS (Jr) (gave him 217 acres) s/ William BIGGS (gave him 170 acres) d/ Catharine BIGGS, dec'd w/o John KNOFF (KNOUFF), dec'd .....Jacob KNOFF .....John KNOFF Jr. .....Mary KNOFF w/o Jeremiah MARTIN .....Catharine KNOFF w/o Benjamin OGLE .....Susannah KNOFF w/o William G. BLAIR .....Eve KNOFF w/o William RIDENOUR .....Amy KNOFF w/o George HESSER d/ Amy BIGGS, dec'd w/o Zebulon KUHN, dec'd .....Joseph S. KUHN .....Louisa KUHN w/o E. DEVILBISS .....Eliza KUHN w/o William H. HERRING .....Franklin KUHN d/ Susannah BIGGS w/o John COVER d/ Mary BIGGS w/o John SMITH (Uniontown, Carroll Co, MD) Land - Plantation of 211 acres - "Resurvey on Bucks Forrest", 115 acres, located four miles north of Graceham, adjoining lands of Jacob BIGGS and John TROXELL with a stream running through it, has 1 1/2-story log house and indications of deposits of copper ore Execs/ Jacob BIGGS and Zebulon KUHN Witnesses: Joshua DELAPLANE, William DERN and Frederick BIGGS Trustee was John COVER, esquire. Sale was held on 18 Feb 1854 at the tavern of P. R. HARRY in Graceham, high bidders were: - Abraham TROXELL for 115 acres at $6.54/acre Distribution of $752.10; court costs, $127.79; - each daughter received 1/4 or $156.07 Filed 29 May 1854. ES-2, 600-617 - SNOWDEN, SLAVE, SCHLEY, CAMPBELL, DOUB, SHILLMAN, THOMAS - Mar 1853 Frederick Town Savings Institution vs Ezra DOUB, adm/of Solomon SNOWDEN & Others Solomon SNOWDEN d/ 1 Feb 1853 intestate widow - Sophia s/ George SNOWDEN d/ Mary SNOWDEN d/ Margaret SNOWDEN. a minor Administrator was Ezra DOUB; he and George GITTINGER held a mortgage as sureties to Solomon's loan to the bank. Land - Lot #12 in "Addition to Frederick Town", fronting Fifth St, from William H. ALBAUGH and w/ Susannah in 1836 (and previously to them from Jacob ROWE and w/ Susannah in 1831). By 12 Apr 1853, it was said that the son, George SNOWDEN was then a slave of F. A. SCHLEY, Esquire, and therefore could not be made a party to the suit. Guardian was Abner CAMPBELL; testimony was heard from Lewis LOGUE, and Joseph FAUBLE. Trustee appointed for the sale was Ezra DOUB. On 29 Jul 1853, an affidavit of widow's age was file; William SHILLMAN testified he knew the widow and that she was about 50 years old and that the state of her health was not good. On 20 Aug 1853, sale was held at DERR's Hotel in Frederick, high bidder was Lewis M. THOMAS at $286. Distribution of $286; court costs, $116.99; - widow, in lieu of dower, 1/8 or $21.12 - Frederick town savings, partial claim, $147.89 Filed 2 May 1854. ES-2, 618-628 - MAUGHT, RHODES, STREAM, HEIMS/HYMES, ENOS, WERTZ, WHIP, AHALT - Nov 1853 Frederick SLAGLE and Samuel MAUGHT vs Daniel MAUGHT & Others William MAUGHT d/ intestate (s/o Andrew MAUGHT) bro/ Daniel MAUGHT (lives in Ohio) bro/ Samuel MAUGHT bro/ Henry C. MAUGHT sis/ Catharine RHODES, dec'd .....Catharine M. STREAM .....Henry G. RHODES .....Barbara Ellen w/o Samuel S. HEIMS/HYMES --------Nancy ENOS .....Catharine w/o Cornelius WERTZ bro/ John MAUGHT, dec'd .....Thomas J. MAUGHT .....Andrew C. H. MAUGHT .....Barbara Ann w/o George WHIP .....Catharine Ann w/o Joshua AHALT .....Sarah A. Ellen MAUGHT .....Eliza Ann E. MAUGHT .....Juliana A. S. MAUGHT .....Conrad W. MAUGHT Land - "Brothers Good Will", "Merry Peep A Day", "Fielderia" and "Juliana", 29 acres; previoulsy to William MAUGHT from Henry MAUGHT and Mary Ann MAUGHT in 1850; - Same tracts of 20 acres in deed of mortgage from William to Samuel MAUGHT in May 1853; it was his portion of the real estate of his deceased father, Andrew MAUGHT. Trustee was Henry MAUGHT with sureties Henry MAUGHT and William S. LAKIN; sale was held on 11 Mar 1854, high bidder was Henry MAUGHT at $50/acre. Distribution of $1,250; court costs, $198.67; - Frederick SLAGEL, for mortgage claim, $504.16 - Samuel MAUGHT, for mortgage claim, $527.17 Petition filed because, at the time of William MAUGHT's death, he left a negro woman named GRACE, 75-80 years old, helpless and decrept and asks an allowance be set aside for her support. On 9 Jan 1855, $500 was set aside for her support, with remainder after her death, to be returned to the court. ES-2, 628-629 - EIGENBRODE, MATHEWS - Jan 1855 Supplemental of Estate of Ann M. EIGENBRODE, a lunatic and Jonas MATHEWS, trustee (from ES-2, 212) Statement of 2nd Account: - Balance in Trustees hands, $33.43 - Interest from 27 Jul 1853 to 1 Jan 1855, $2.84 - Amt of Distributive share from Daniel EIGENBRODE, adm/of John EIGENBRODE, $41.58; and interest, $73.60 - Amount received as contribution from D. EIGENBRODE, $30 Total monies, $181.45 - to Trustee for commission, 9/10 or $9.15 - Misc court costs, $10.52 - To Trustee for Bond for Lunatic, $50 Leaving balance in Trustee's hands, $111.77. Filed 4 May 1855. ES-2, 629-644 - ELDER, CRETIN, COX, BLAIR, WALTER, CROUSE, WITHEROW, STUART, GRABILL - Jun 1853 William H. GRIMES vs Lydia Ann ELDER & Others Thomas ELDER d/ 22 Mar 1853 (Will written 11 Mar 1850) widow - Lydia Ann s/ Thomas G. ELDER d/ Ellen wid/o Samuel CRETIN, dec'd - Baltimore, MD sometime in 1854, she remarried to George COX (children were not named in the will) Witnesses to the will: Leonard PICKING, Jacob KNOUFF, Jeremiah WHITMORE. The widow renounced the duties of executrix and administrator became John WALTER. Land - Two tracts of "Peace and Plenty", 112 acres, to Thomas ELDER from Guy ELDER and Eleanor BLAIR and husband Lewis BLAIR. Land from Will (written 29 Dec 1805) of Guy ELDER (Sr), dec'd, to his three children, Guy ELDER (Jr), Thomas ELDER and Eleanor BLAIR (w/o Lewis BLAIR) in equal shares; deed was for his third. Property adjoins lands of Mayor Joseph OGLE, dec'd, Henry KUHN and Jacob HOLTZMAN. Since the petition was filed, it was discovered that John S. STUART held a mortgage on the property and he has since died; John GRABILL is Stuart's administrator. Trustee was John WITHEROW; on 17 Dec 1853, sale was made to Michael CROUSE for 65 acres at $2,425. The balance of the tracts had been sold previously by Thomas ELDER in his lifetime. Distribution of $2,425; court costs $273.18; - John GRABILL, adm/of John S. STUART, balance on mortgage, $330.29 - Multiple creditors - $836.08 - Lydia A. ELDER, widow's portion, per agreement, $328.48 - Thomas ELDER, 1/2 or $328.48 - Ellen CRETIN, 182 or $328.48 On 20 Feb 1855, Rebecca BECKWITH testified she heard a conversation between the father and son and the father agreed to pay his son if he would stay and work there until the father's death; and that she was at the residence for several months in 1847 had visited muliple times and saw the son there and working for him. A claim was submitted by the son for $425 figured at $10/month which the daughter opposed. The son's age was given as 29 years old. On cross-examination, she stated Thomas G. ELDER was in New York from May 1851 until Oct 1851 when he returned with Rebecca to his father's house. The widow testified to the months the son had worked there and stated he left for New York on 12 Sep 1848 and returned in corn planting time about the 1st of May 1849 and left again in the fall of 1851. The court approved the son's claim which was partially deducted from the daughter's share. Filed 24 Apr 1855. ES-2, 644-652 - WACHTER, OHLER, CARMACK - Aug 1854 John WACHTER and Solomon OHLER vs Levi N. OHLER David F. WACHTER d/ 3rd or 20th of Jul 1854 intestate s/ Edwin R. WACHTER, a minor s/ Robert D. WACHTER, a minor Adm/ Joshua DILL In Sep 1852, a deed of trust was conveyed to David F. WACHTER by Levi N. OHLER and Solomon OHLER. The property was sold in the deed of trust and John WACHTER and Solomon OHLER became the purchasers. Land - Mill and 34 acres, adjoins lands of Widow Hill and J. CUSTIS. Guardian was Samuel CARMACK. Trustee was Joshua DILL. Distribution of $710.46; court costs, $114.54 - Solomon OHLER, 93% of his claim, $277.52 - Levi N. OHLER, 93% of his claim, $318.40 Filed 14 May 1855 ES-2, 652-682 - HAYS, HIGGINS, CREDLER, BENNETT, LAWRENCE, DORSEY - Sep 1851 William ANDERSON and Harpers Ferry Savings Institution vs Maria HIGGINS and Harriet E. HAYS Joseph G. HAYS d/ 7 Aug 1850 intestate, of Jefferson Co, VA (later WV) widow - Harriet D. (all now living in Frederick Co, MD except as noted) d/ Ellen S. HAYS, dec'd s/ William Henry HAYS d/ Cynthia Susan HAYS - Carroll Co, MD d/ Maria E. HAYS d/ Mary A. M. HAYS Land - 144 acres, from Joseph G. HAYS of Jefferson Co, VA to Maria HIGGINS in 1849 for $5,760, as Deed of Trust for the benefit of Hays' daughters, he wishing to exclude his son since he had previously assigned property to him(?). Tracts previously to Hays: for 50 acres from Perry BENNETT and w/ Eleanor in 1848; and 94 acres; from William HIGGINS and others by partition in 1837. Maria HIGGINS of Carroll Co, MD, was the sister of Joseph HAYS' wife, Harriet, and testified to the names of his children, she being an aunt to only two of them since Hays was twice married. She also stated Hays had wished to make a Will; however, before he was able to do that, he was stricken with Cholera which was prevalent in Harpers Ferry at that time and died within a few days. After the death of Hays, she issued notes to each of the three surviving daughters for $3,000 each in order to secure their interests in their father's estate as he had wanted it. Harriet HAYS claimed her husband had paid back more than their records showed, but was unable to find her husband's book in which he kept those records. ANDERSON has since resigned and moved to Frederick Co, MD. Testimony was heard from Henry WARD, S. STEPHENS, M. CREDLER, A. M. KITZMILLER and William J. STEPHENS in Harpers Ferry. On 18 Oct 1853, a petition was filed by George T. HAYS and William HIGGINS, stating Harriet E. HAYS had died intestate; she had been the administrator of her husband's estate. Administrator of Joseph HAYS' estate was George T. HAYS with sureties as Roderick DORSEY and Mary A. M. HAYS; administrator of Harriet HAYS' estate was William HIGGINS with sureties as Maria E. HAYS and John BARTHOLEW. Trustee was William M. MERRICK with sureties as Grayson EICHELBERGER and Hugh McALEER. The deed to Maria HIGGINS from Joseph HAYS was declared null and void and sale of his property was decreed. Sale was held on 19 Nov 1853 on the premises, high bidders were: - Perry BENNETT for the 49.5 acres at $71.87/acre - Maria HIGGINS for the 94 acres at $35.25/acre Since the sale, Maria transferred her rights to Harry W. DORSEY. Gross sales, $6,871.31. Distribution of $6,889.03; court costs $738.20 - Various creditors, $2,871.90 - Harpers Ferry Savings, $3,148.77 Remaining balance to heirs, $130.13. 1/4 or $32.53 each to - Mary A. M. HAYS - Cynthia HAYS - William H. HAYS - Maria E. HAYS On 23 May 1845, Dr. Daniel H. LAWRENCE sold to (Dr.) Joseph G. HAYS his drug and medicine store in Harpers Ferry to include everything including outstanding debts, some of which Augustus M. CRIDLER has incurred. Exchange ws to be made for Hays to sell his farming implements and stock and obtain notes to transfer to Lawrence. 2nd Amended Distribution of $6,889.03; court costs $871.98 - Ann F. MOTTER, mortgage, $315.30 - Ariana TRAIL, mortgage, $111.56 - Harriet S. HAYS, 92% of claim, $323.48 - Dr. D. H. LAWRENCE, $1,380.26 - Harpers Ferry Savings, $2,862.63 - Other Misc Creditors received the balance Filed 17 Feb 1855 ES-2, 683-694 - DEVILBISS, DEBOW, RINEHART Adam DEVILBISS and John DEBOW vs Adam W. DEVILBISS, adm/of G. W. DEVILBISS & Others - Aug 1854 George W. DEVILBISS d/ 27 Jun 1854, intestate widow - Maranda O. s/ Rufus W. DEVILBISS, a minor s/ Henry C. DEVILBISS, a minor d/ Ann M. DEVILBISS, a minor s/ George A. DEVILBISS, a minor LAND - Mill and 16 acres, known as Ijams Ville Merchant and Saw Mills with two pairs of French Burrs and one pair of Country stones and necessary machinery for cleaning of wheat and manufacturing flour, propelled by two overshots; situated on Bush Creek and on Baltimore & Ohio Rail Road, 56 miles from Baltimore where produce can be loaded free of charge. There is also a log dwelling hours with kitchen attached, smoke house, variety of fruit trees and has a bed of slate. Mortgaged to John DEBOW with surety as Paul P. DEVILBISS. - "Devulls Forrest" and "Mays Fall", 16 acres, lies on road leading through Ijamsville; next to lands of Plummer IJAMS. To John DEBOW of Baltimore City from James IJAMS of Berkeley Co, Virginia (WV now) and Richard IJAMS, as trustees, dated 26 Apr 1853. Adm/ Adam W. DEVILBISS Guardian was the children's mother. Testimony was given by Adam W. DEVILBISS who stated George and his family lived in IJAMSVILLE; gave his death date listed above. also gave children's names and stated the widow was age 35 and her health was tolerably good. Trustee was Maranda O. DEVILBISS; providing bond was Adam W. DEVILBISS, Thornton POOLE, John PHILLIPS. SALE was hedl 12 Jan 1855; high bidder was: - A. M. RINEHART at $4,300 The property was presently being rented until June. 1st Distribution of $1,433.33; court costs $280.12' - John DEBOW, part of his claim, $1,153.21 Filed 24 Apr 1855. Supplemental at ES-3, 341 ES-2, 694-713 - GETTIER, CAMPBELL, KERRIGAN, McBRIDE, GAMBLE, GELSON, BAUGHER - May 1853 David GAMBLE and Richard GELSON vs Elizabeth GETTIER & Others David GAMBLE (w/ Margaret) and Richard GELSON (w/ Margaret) held a mortgage from Daniel G. GETTIER who previously lived in Emmitsburg. James W. BAUGHER held a second mortgage (which included personal property) from Daniel G. GETTIER which he transferred to Gamble and Gelson. In 1850, Channcey BROOKS and Henry W. HISER, trading as Brooks and Heiser, obtained a judgment against Daniel G. GETTIER. Daniel G. GETTIER d/ 1853 intestate in Baltimore city widow - Elizabeth - Baltimore city s/ Joseph A. GETTIER - Baltimore city s/ John GETTIER, a minor - Baltimore city d/ Mary GETTIER, a minor - Baltimore city s/ William GETTIER, a minor - Baltimore city d/ Rose GETTIER, a minor - Baltimore city s/ Edward GETTIER, a minor - Baltimore city s/ Peter GETTIER, a minor - Baltimore city s/ George GETTIER, a minor - Baltimore city Land - Lots #6 & 7 in Emmitsburg, on the north side of Main St, then known as the Emmitsburg Hotel Guardian was Abner CAMPBELL; testimony was heard from James KERRIGAN Jr. Sale was held on 5 Nov 1853 at the house of Daniel WILS in Emmitsburg; high bidder was Anthony McBRIDE for the lot and tavern stand at $1,800. Distribution of $1,800; court costs $179.70 - David GAMBLE and Richard GELSON, in part of their claim, $1,620.30 Filed 13 Feb 1854. ES-2, 713-729 - RONEY, CLAGETT, PRESTON, SUTER, TABLER, LYNCH - Apr 1853 Samuel CLAGETT vs Margaret RONEY & Others John D. RONEY d/ Jan-Feb 1852 intestate widow - Margaret s/ John RONEY (age 11 in Jan 1854) s/ Joseph RONEY (age 9 in Jan 1854) d/ Alice RONEY (age 7 in Jan 1854) d/ Catharine RONEY (age 3-4 in Jan 1854) Land - Lot #31 and brick house in Knoxville, between lot of John P. GARROTT and lot of Mrs. S. GARROTT, dec'd, on which Job MILLER then resided. Lot lies on road leading to Hickory Landing from Frederick/Harper's Ferry Road; allowance was made for a ten-foot alley. Lot deeded from Thomas BOTELER in 1848. The back part of the lot was owned by Samuel B. PRESTON. John D. RONEY's father had a farm nearby. Administrator was Samuel B. PRESTON; guardian was Henry SUTER, but transferred to William B. TABLER. Testimony was heard from Milton M. CLAGETT and Samuel B. PRESTON. Trustee was Z. S. CLAGETT with Samuel CLAGETT and Milton M. CLAGETT as sureties, all of Washington County. After a failed public sale, private sale was later made to Mrs. Ellen LYNCH at $300, subject to the dower of Margaret RONEY, the widow. Distribution of $300; court costs $103.33 Balance to creditors. Filed 22 Feb 1855. ES-2, 729-744 - SLAGLE, EASTERDAY, KNOTT, CUNNINGHAM, KEMP, DUVALL, MAUGHT - May 1854 Joseph EASTERDAY and wife, Sarah A. N. vs Francis A. KNOTT & Others Frederick SLAGLE d/ 5 May 1854 intestate d/ Sarah A. N. w/o Joseph EASTERDAY d/ Ruth W. w/o Francis A. Knott d/ Elizabeth D. dec'd w/o Edward C. CUNNINGHAM - St Charles City, Missouri .....Frederick CUNNINGHAM, a minor - Missouri .....Edward L. CUNNINGHAM, a minor - Missouri .....John M. D. CUNNINGHAM, a minor - Missouri Land - Home Farm, 105 acres, on west side of Catoctin Creek and on Frederick & Harpers Ferry Ridge Road in Middletown Valley, half way between Frederick and Harpers Ferry and adjoining lands of Rebecca HILLEARY, Heirs of Solomon BLESSING and Heirs of Henry SLAGLE; has 2-story brick house with back building, a barn granary and a well within 3-4 yards of the house; also has fields with running water. - 2nd Farm, 80 acres, then occupied by Francis A. KNOTT; lies two miles from the Home Farm and adjoins lands of Henry C. DUVALL, Joseph CARTZENDAFFNER and is on county road leading from Peters Ville to Point of Rocks; has log house, barn, corn house with five fields with running water. - Wood lot, 15 acres, one mile from Home Farm, adjoining land of Thomas CLAGETT, David CARTZENDAFNER and Rebecca HILLEARY. The above farms lie 3-5 miles from Baltimore & Ohio Rail Road and Chesapeake & Ohio Canal and are in the vicinity of several large merchant mills. Testimony was heard from Henry BOTELER and Andrew KESSLER; trustees were Francis A. KNOTT and Joseph EASTERDAY. On 2 Feb 1855, sale was held, high bidders were: - William A. KEMP for the home farm at $6,752 - Henry C. DUVALL for the second farm at $3,971.55 - Samuel MAUGHT for the lot at $684.75 Distribution of $4,408.30; court costs $535.97; - Sarah A. N. EASTERDAY, 1/3 or $3,624.11 - Ruth W. KNOTT, 1/3 or $3,624.11 - Children of Elizabeth CUNNINGHAM, $1,208.03 each. Filed 6 Apr 1855. ES-2, 744-745 - PHILLIPS, EADER, BENTON, MAGERS - Feb 1855 EADER & Others vs MAGERS & Others Supplemental of HS-6, 65 Col. Noah PHILLIPS, trustee for Ely PHILLIPS Collection of rent money from William BENNETT. Distribution of $750; court costs $66.18; - Miranda EADER, daughter, 1/9 of 2/3, $50.65 - Malinda BENTON, daughter, 1/9 of 2/3, $50.65 - Ruth MAGERS, daughter, 1/9 of 2/3, $50.65 - John PHILLIPS, son, 1/9 of 2/3, $50.65 To the following, 1/9 of 2/3 as heir, plus 1/5 of 1/3 as heir to Catharine PHILLIPS, widow of Eli PHILLIPS and who as survivor of her husband was entitled to 1/3: - Eli PHILLIPS, $96.24 - Ann PHILLIPS, $96.24 - Jason PHILLIPS, $96.24 - William PHILLIPS, $96.24 - Amelia PHILLIPS, $96.24 Filed 23 Apr 1855. The End of ES-2 Frederick MDGenWeb Coordinator - Dorinda Shepley MDGenWeb © Copyright 2024 Last revised on May 28, 2024

Equity Court Abstracts

Book ES-2 - 1850-1855

Frederick County, Maryland

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]

ES-2, 1-13 - WARFIELD, SHREEVES, JONES, SWEADNER, FOX, SAYLER

Suratt D. WARFIELD Jr. & Others vs Richard D. WARFIELD & Others - Feb 1852

Surat D. WARFIELD d/ 1851 intestate

s/ Surat D. WARFIELD Jr.
d/ Minerva A. WARFIELD w/o Francis E. SHREEVES
s/ Richard D. WARFIELD
d/ Henrietta WARFIELD w/o John A. WARFIELD
d/ Elizabeth WARFIELD
d/ Ann Matilda WARFIELD w/o William H. JONES
s/ James H. B. WARFIELD, a minor
d/ Rachel C. WARFIELD, a minor

LAND - "Warfield's Lot" and "Resurvey on Good Neighbourhood", 188 acre
Home farm in Johnsville. About 150 acres are cleared and laid off in
fields with running water in each field, the balance in timber. The
land is composed of blue slate and limestone and there are two churches
and a school house within 3/4 mile of the house and is also within 4-5
miles of good Merchant Mills. There is a large brick house, Switzer
barn, a house for servants, meat house, spring house, dry house, carriage
house, wagon shed and corn crib. It has a large orchard and there is an
adjoining farm of 115-125 acres. (From Will of Alexander WARFIELD)
- "Warfield's Lot" and "Resurvey on Good Neighbourhood", 115 acre farm
in Johnsville; from Washington BURGESS in 1835; located next to lands of
Owen BURGESS, Washington BURGESS and Samuel BURGESS and w/ Elizabeth. It
has a two-story log house, Switzer barn, wagon shed, corn crib, spring
house and a stream running through the farm.

Guardian was Daniel SWEADNER; testimony was heard from Jacob FOX.
Trustees were Suratt D. WARFIELD Jr and John A. WARFIELD with sureties as
Jacob ROOT, Ephraim CREAGER and Alexander WARFIELD.
On 30 Sep 1852, sale was made to Richard D. WARFIELD for 115 acres at $35/acre.
On 8 Feb 1853, sale was made to John SAYLER for 188 acres at $45.06/acre.

Distribution after costs of $11,501.43
Each child's 1/8 share, $1,475.17

Filed 27 May 1853.

ES-2, 14-29 - KINZER, STONER, WILLIAR, UMSTEAD, PAXTON, ENGLAR, GARBER, BUFFINGTON

John KINZER Jr, surviving exec/of John KINZER Sr
vs Elizabeth KINZER & Others - Sep 1852

John KINZER Sr d/ 12 Nov 1846, testate
widow - Ann (d/ 1848)

s/ Henry KINZER
s/ John KINZER Jr
s/ Jasper KINZER d/ 28 Jun 1851 intestate
...w/ Elizabeth S.
......John David KINZER, a minor
......Ann Elizabeth KINZER, a minor
......Jasper Newton KINZER, a minor (d/ 3 Dec 1852)
d/ Elizabeth STONER
d/ Sarah WILLIAR
d/ Catharine UMSTEAD
d/ Mary Ann PAXTON
d/ Margaret ENGLER

Per John KINZER Sr's Will, after the death of John Kinzer Sr's widow,
Ann, his son Jasper was given the option of taking the farm at its
valuation and making yearly payments which would be divided among
his siblings, less their advances, with yearly payments by oldest
to youngest.

Execs/ John KINZER Jr and Jasper KINZER
Witnesses: G. M. EICHELBERGER, Grayson EICHELBERGER
and Harvey EICHELBERGER.
[Will written 19 Mar 1846]

LAND - "Shure Bind Sure Find", farm of 163 acres, lying in Valley
of Beaver Dam within a 1/2 mile of the Tunker Church; adjoining
lands of Mrs. Mary HERRING, Nathan ENGLAR and Rev. Jacob
SAYLER.
Improved with a large dwelling house, large brick Switzer barn,
80 feet long, a wagon shed, corn crib, smoke house, stone dairy,
two orchards of fine fruit; with running water in every field and
has 40 acres in timber.

Guardian was Jonathan GARBER.
Testimony was heard from Nathan ENGLAR.
Trustee was John KINZER Jr with sureties as John WOLF Sr and
Andrew BUFFINGTON;

SALE was held 11 Jan 1853; high bidder was:
- Nathan ENGLAR at $56/acre or $9,081.80

On 18 Feb 1853, Alexander BUFFINGTON testified Elizabeth S. KINZER,
widow of Jasper, was about 34 years old and in good health.

On 26 Mar 1853, Dr. SIM testified that Jasper Newton KINZER,
the youngest child of Jasper KINZER, died on 3 Dec 1852.

Distribution of $4,500: court costs, $418.76;
- John KINZER Jr., purchase money, $2,934.40
- widow of Jasper KINZER, 1/7 or $818.38
- John D. KINZER, a son, 1/3 or $109.48
- Ann E. KINZER, a daughter, 1/3 or $109.48
- to trustee for inheritance tax on Jasper N. KINZER's share, $2.73
- John D. KINZER and Ann E. KINZER, each 1/2 of remainder 1/3 or $53.37

Filed 3 May 1853. (Supplemental at ES-1, 589)

ES-2, 29-51 - BECHTOL, WIELAND / WILLAND, RINGER, KEAFAUVER, CULLER, NEIKIRK,
BISER, GETZENDANNER, BAER, DERR, BRANDENBURGH, HOOPER - May 1852

Daniel BECHTOl & Others vs Catharine BECHTOL & Others

Lewis BECHTOL d/ Nov 1851 near Middletown, intestate
widow - Catharine (WIELAND / WILLAND)

d/ Elizabeth w/o Thomas RINGER - Amherst Co, VA
d/ Catharine w/o Daniel KEAFAUVER
d/ Hannah w/o Peter CULLER
d/ Mary M. w/o George NEIKIRK
s/ Daniel BECHTOL and w/ Mahala BISER
s/ John BECHTOL and w/ Mary Ann GETZENDANNER

d/ Sarah, dec'd w/o Daniel KEAFAUVER
...Horatio B. KEAFAUVER, a minor

Lewis BECHTOL was the son-in-law of Bernard WIELAND who
devised property to Bechtol in his Will.

LAND - "In War a Tory, in Peace a Rebel", "Resurvey on Chevy Chase"
and "Resurvey on Small Meadow", 185 acres; and mountain lot, "Grammer's
Deer Park", 50 acres.
Devised to Lewis BECHTOL by his father-in-law, Bernard WIELAND,
with annual payments to Barbara WIELAND, d/o Bernard.
Previously to Wieland from Christopher MICHAEL (w/ Catharine) in 1819.

Barney WILLAND died testate
widow - Catharine

s/ Barney WILLAND (gave him farm "Kenbaugh")
d/ Barbara WILLAND
d/ Catharine and her husband Lewis BECHTOL

Exec/ son Barney WILLAND
Witnesses: John R. MAGRUDER, James BURGARD(?), Jacob COBLENTZ
[Will written 10 Feb 1826]

Guardian for Horatio was A. W. MARRIOTT; however, the actual
guardian was Daniel KEAFAUVER.

Testimony was heard from George BOWLUS.
Trustees were Daniel BECHTOL and John BECHTOL.

Sale was held 25 Oct 1852 at the hotel of William COOKERLY
in Middletown; high bidders were:
- John DERR for 4 acres at $61/acre
- Samuel BRANDENBURGH for 19 3/4 acres at $61/acre
- Charles HOOPER for mountain tract at $27.62/acre

There was no bid for 2 1/2 acre section (located on opposite side
of Middletown Road, thus separated from main section) or for
the 'Home Farm', 160 acres; but it was later agreed:
- Daniel BECHTOL would purchase the 'Home Place' for $61/acre.
Total sales, $12,609.12.

On 4 Feb 1853, Jacob BAER testified that he knows Catherine
BECHTOL, widow of Lewis, and that she is 70 years old and
her general health is delicate.

The remaining section of land was sold to:
- Peter CULLER at $500.

Distribution of $13,109.12: court costs $590.25
- Catherine BECHTOL, widow as life tenant, 1/9 or $1,390.98
- Daniel KEAFAUVER, h/o Catherine, 1/9 or $1,737.43
- George NEIKIRK, h/o Mary M., 1/9 or $1,737.43
- Daniel BECHTOL, 1/9 or $1,737.43
- John BECHTOL, 1/9 or $1,737.43
- Horatio B. KEAFAUVER, 1/9 or $1,737.43
- Thomas RINGER, h/o Elizabeth, 1/9 or $713.26 (less previous advance)

Filed 13 Apr 1853.

ES-2, 51-65 - BRANDENBURG, POFFENBERGER, MAUGINS, FORREST - Nov 1852

Samuel BRANDENBURG vs John BRANDENBURG & Melinda C. BRANDENBURG

Henry BRANDENBURG d/ 2 Aug 1845 intestate
widow - Mary

s/ Samuel BRANDENBURG
s/ John D. BRANDENBURG
d/ Mary Ann Elizabeth BRANDENBURG w/o Henry POFFENBERGER
d/ Melinda Cordelia BRANDENBURG, a minor

Mary Ann and Henry POFFENBERGER conveyed their interest to Samuel
BRANDENBURG in 1851.

Land - "Forests Purchase", 200 acres, conveyed to Samuel BRANDENBURGH
from Joseph M. PALMER, trustee for heirs of Levin HAYS in 1822 (conveyed
to Palmer by Jonathan FORREST in 1823); located on South Mountain and
adjoined land of Jonathan FORREST and tracts "Hickory Ridge", "Valentines
Gift" and "Gauring(?) Castle". On 31 May 1830 it was conveyed from Samuel
BRANDENBURGH Sr to Henry BRANDENBURGH for $1200.

Guardian was Samuel MAUGINS who also gave testimony. Dower land was to
be laid out for the widow before the sale of the remainder of the real
estate; commissioner to lay out land were: John SENSENBAUGH, John RICKER,
Solomon FORREST, Paul KLINE and John SMITH of L. Surveyor was William D.
BROWN and chain carrier was Henry KUHN. The widows portion was the
southern 45 acres.

Samuel BRANDENBURGH, as eldest son, elected to take the estate, thereby
paying out to his siblings their equal share of the estate as they become
of age and annual payments. Since Mary Ann had already sold her portion
to her brother Samuel, only John and Melinda were due monies.

Amount of valuation, $3,096.52 with Samuel paying 1/3, $1,032.17.
Distribution: court costs, $120.74;
- Melinda C. BRANDENBURG, $227.85
- John BRANDENBURG, $227.85
- Melinda C. BRANDENBURG (1st & 2nd bond), $258.04
- John BRANDENBURG (1st & 2nd bond), $258.04
Filed 14 May 1853.

ES-2, 66-71 - MEREDITH, HARRY - Apr 1851

Margaret R. HARRY vs Surran MEREDITH & w/ Mary Ann MEREDITH

Margaret HARRY is foreclosing against the MEREDITH's for $475
still due her from notes.

Land - House and Lot #13 in Graceham

Trustee for sale was Mountjoy B. LUCKETT; on 25 Jun 1853, sale
was held at the premises for personal property and the real estate.
Personal property was sold for $29.77; the house and lot were sold
to Pamenu R. HARRY at $475.

Distribution of $504.77;
- court costs, $118.21 which includes $47.52 that was still due on
purchase money to United Brethren church in Graceham.
- Margaret R. HARRY, $386.56
Filed 1 Apr 1854

ES-2, 71-83 - SHOEMAKER, FLOOK, ROUTZAHN, TOMS, SLIFER, SUMMERS, BEACHLEY,
LYONS, KEPLER, ZITTLE, SHEFFNER, SHANK

John P. FLOOK, et al vs E. BEACHLEY, et al - Dec 1852

Magdalena SHOEMAKER d/ Feb 1852

d/ Magdalena w/o John P. FLOOK
d/ Catharine w/o Jacob ROUTZAHN
d/ Elizabeth w/o Jacob TOMS - Washington County
d/ Lydia w/o William SLIFER - Washington County
s/ Daniel SHOEMAKER and w/ Catharine - Darke Co, Ohio
d/ Hannah w/o Frederick SUMMERS - Darke Co, Ohio

d/ Esther, dec'd w/o Daniel BEACHLEY, dec'd
...Martin Henry BEACHLEY
...Rebecca BEACHLEY w/o John LYONS - Washington County
...Ezra BEACHLEY, a minor
...Ann Magdalena BEACHLEY, a minor and w/o William KEPLER
...Daniel BEACHLEY Jr, a minor
...Hanson BEACHLEY, a minor
...Jonas BEACHLEY, a minor
...John BEACHLEY, a minor

Land - "Shoemaker's Tricks", 25 3/4 acres; lies next to "Resurvey on
Bear Swamp", "Adams Hill". Land by Deed of Trust by Daniel MAIN, as
trustee of Frederick SUMMERS, to Magdalena SHOEMAKER in Apr 1846.

Guardian for the minors was Jacob ZITTLE. Testimony was heard from
Daniel SHEFFNER on 4 Jan 1853 who gave the date of death for Magdalena
SHOEMAKER.

Trustee for sale was George BOWLUS, esquire, with sureties as Isaac
BOWLUS and Jesse HERBERT; sale was held on 5 Mar 1853 at the stone of
Joshua D. KOOGLE's at Bolivar, in the neighborhood of the property
where sale was made to
- Jacob SHANK Jr at $401.

Distribution: court costs, $108.64;
- Each 1/7 share, $41.76 (each of Esther's children received $5.22 each)

Filed 19 May 1853.

ES-2, 84-99 - ABRECHT, OLIVER, HOLTER, TEPPUE, KARNS/CARN, POOLE, WILLS,
EICHELBERGER, NIXDORFF

George ABRECHT & Others vs William POOLE & Others - Feb 1853

George ABRECHT d/ 1828 intestate
widow - Magdalena

d/ Mary w/o ____ OLIVER, dec'd - Ohio
d/ Ann w/o _____ HOLTER, dec'd - Ohio
s/ George ABRECHT (Jr) and w/ Mary TEPPUE - Ohio
d/ Barbara w/o Philip KARNS/CARN
d/ Catharine w/o William POOLE
s/ John ABRECHT and w/ Rebecca WILLS
s/ william ABRECHT and w/ sarah EICHELBERGER

Shortly after George Sr's death, his children, George, Barbara,
Catharine, John and William, all deeded their interest to the
property to their mother. William filed for insolvency in 1829
and William POOLE was his incolvent trustee; however, the second
time he filed for insolvency in 1847, William S. BANTZ was appointed
as his insolvent trustee.

Land - House and Lot #26 in Bentz Town (Patrick & Bentz St area)
(an additional lot to Frederick Town) on tract "Long Acre" (previously
part of "Tasker's Chance"), from Hugh COYLE in 1802; located on north
side of man road leading from Frederick Town to Middle Town and at SE
corner of Lot #27, then occupied by a William CRUM.

On 8 Mar 1853, testimony was heard from Andrew HEIM and Col. Thomas
SAPPINGTON (the latter only testified to the property, not the people).
Trustee was William C. SAPPINGTON; sale was held on 14 May 1853 to
Henry NIXDORFF at $350.

Distribution: court costs, $139.97;
each 1/7 share, $30.45

Filed 27 Sep 1853.

ES-2, 99-121 - WASKEY, BESANT, CASTLE, ZIMMERMAN, KEMP

James H. BESANT vs Mary F. WASKEY & Others - Sep 1850

Jacob WASKEY d/ abt 1848 intestate

s/ Jacob A. WASKEY (Jr.)
d/ Mary F. WASKEY, a minor
d/ Sarah I. WASKEY, a minor

Land - "Castle Henry", 49 + 15 acres
Previously to Peter HARGET from George SLUTZER in 1805.
- Lot #13 in "Fielderia", 6 acres
Previously to Peter HARGET from Lewis LAWFER in 1806).
From:
- Richard WINPIGLER (w/ Elizabeth) in 1820
- John P. RAMSBURG and (w/ Ann Magdalena) in 1821
- John Peter RAMSBURG in 1821 as purchaser of the life estate
of Charlotte SEISS, w/o Alexander SEISS of Allegany Co, MD
(she was entitled to 1/3 part of estate of Samuel RIDGELY
for life because Ridgely was her first husband).

- "Castle Henry", 12 acres, and Lot #12 of Fielderia, 17 acres.
From Thomas W. MORGAN, sheriff in 1822; for suits against Jacob
STUB and Jacob GETZENDANNER by Elizabeth GETZENDANNER
and Margaret FOUT.

- Lot #12 of Fielderia, 15 acres
From Jacob GETZENDANNER of Jacob in 1822.
Previously from Basil BEALL.

- "Pleasant Plains", 41 acres
- Lots #60 and 61 in Jefferson
From Abraham BLESSING of George in 1838;
(his half of mortgage issued to him and Jacob WASKEY from David
STOCKMAN and w/ Sophia in 1837).

- "Resurvey on George's Discovery", 16 acres
From William J. ROSS in 1833 as trustee for estate of Augustus WASKEY,
dec'd.
Previously to Augustus WASKEY from George HOFFMAN in 1793.

- Lot #21 in "Fielderea", 4 acres. From James CASTLE Sr in 1839.

Guardian was James H. BESANT for Mary and Sarah WASKEY
and was also administrator of Jacob WASKEY's estate.

Testimony from Jesse KING in Oct 1851 who stated the oldest child
of Jacob WASKEY was under six.

Trustee was James H. BESANT.
Property was adjoining and was sold as three lots:
- Lot #1, farm, 59 acres
- #2, a 5 acre wooded lot
- #3, a 6 acre wooded lot

SALE was held 29 Oct 1850; high bidders were:
- James E. CASTLE for Lot #1 at $11/acre (private sale on 22 Nov 1851)
- George ZIMMERMAN for Lot #2 at $50.50/acre
- Lewis KEMP for Lot #3 at $57.50/acre

Distribution of $1,312.31: court costs, $195.54;
- each child's 1/3 share, $372.25.

Filed 6 Jul 1853.

ES-2, 121-143 - SMITH, WILHIDE, SIDWELL, STONER, REDDICK, REPP, YOUNG, SPRIGGS

Joseph SMITH Jr & Others vs John W. WILHIDE & Others - Dec 1851

Joseph SMITH d/ 1850 intestate
widow - Mary

s/ Joseph SMITH Jr
s/ John SMITH
s/ Thomas SMITH
d/ Mary E. SMITH, now w/o John W. WILHIDE
d/ Sarah A. SMITH, now w/o Dr. Reuben SIDWELL
d/ Margaret S. SMITH, a minor, later w/o Ephraim STONER (m/ bef Feb 1852)
s/ Samuel D. SMITH, a minor
s/ James T. SMITH, a minor
s/ Ephraim R. SMITH, a minor

LAND - "Addition to Ebberts Inheritance", 109 acres, (Home place);
adjoined "Richards Hunting Ground", "Duke's Woods", "Resurvey on
Winfields Delight", "Black Oak Slipe" and "Long Slipe".
To Joseph SMITH from Philip EBBERT in 1822 ("in consideration
of natural love and affection", indicates possible family connection
to Joseph or his wife).

- House & Lot #19 in Liberty
- 250 acres near Liberty Town.
From:
...heirs of Leonard REDDICK Sr
(mortgage of Leonard REDDICK in 1838 for 2/3 share or 84 acres)
...Thomas GURLEY, sheriff, in 1840.
(property had belonged to Leonard REDDICK)
...1/6 share or 42 acres to Leonard REDDICK from Daniel REPP and
w/ Elizabeth of Jefferson Twp, Montgomery Co, Ohio in 1833.
...from Jacob YOUNG and w/ Nancy (REDDICK) of Carroll Co, Indiana
in 1843
...from Mary (REDDICK) YOUNG in 1847

Guardian was John SMITH of M. who also testified on 3 May 1852
that he was acquainted with the widow and that she was 55 years old
and her general health was good.

Testimony was heard from Daniel SWEADNER.
Trustees were Reuben S. R. SIDWELL and Ephraim STONER with
sureties as John W. WILHIDE, Henry STONER and George PFOUTZ.

SALE was held on 1 Jan 1853; high bidders were:
- Mary SMITH for the Home place at $50/acre
- Philip SPRIGGS for the house and lot at $146.50
Total sales at this point, $5,450.

On 5 Mar 1853, sales went to
- Joseph M. SMITH for the 250 acres at $11.14/acre

Distribution of $8,257.28; court costs, $449.96;
- Mary SMITH, widow, 1/9 or $867.48
- each child's 1/9 share, $771.09.

Filed 27 Jun 1853.

NOTES - Also see HS-23, 473 and ES-4, 84-99 for parents' estates.

ES-2, 143-153 - WINDSOR, CLARY, KESSLER, YINGLING, KING, LEATHER, JOHNSON - Jan 1853

Cornelius CLARY and w/ Amana vs Edmund L. WINDSOR & Others

Zadoc WINDSOR d/ Mar 1852 intestate

d/ Amana w/o Cornelius CLARY
d/ Angelina w/o Jacob KESSLER
d/ Catharine "Caty" w/o William G. YINGLING
d/ Caroline w/o Walter J. KING
d/ Drucilla w/o James L. LEATHER
s/ Edmond L. WINDSOR
s/ Zadoc H. WINDSOR
s/ Arnold H. WINDSOR

s/ Thomas Jefferson WINDSOR - Ohio (died intestate)
...Caroline WINDSOR, a minor
...Peter WINDSOR, a minor (died abt Jul 1853)
...Susannah WINDSOR, a minor
...Angelina WINDSOR, a minor
...Thomas Jefferson WINDSOR, a minor
...George W. WINDSOR, a minor
...James W. WINDSOR, a minor
...Sophiah WINDSOR, a minor

Land - "Bloomsberry", 60 acres, from Charles JOHNSON in 1838
(to him from his father, Roger JOHNSON); lies on south side
of Bennett's Creek and by "Resurvey on the Hope".

Edmund L. WINDSOR was guardian to the minor children.
Trustee was William M. MERRICK; sale was held on 9 Jul 1853
to Edmund L. WINDSOR, Zadoc H. WINDSOR and Arnold H. WINDSOR,
three of the children of Zadoc WINDSOR, at $1,512.50.
Distribution not given. Filed 1 Sep 1853.

ES-2, 153-166 - SHOEMAKER, GRIMES, BOONE, MORNINGSTAR, DIFFENDALL, SAYLOR - Dec 1852

Daniel P. SAYLOR & Others vs Wilson L. GRIMES, exec/of John SHOEMAKER & Others

John SHOEMAKER d/ 13 Feb 1852 (Will written 15 Apr 1845)
widow - Mary

s/ Daniel SHOEMAKER
d/ Nancy SHOEMAKER w/o Wilson L. GRIMES
s/ Margaret S. SHOEMAKER, now w/o George Washington BOONE

Exec/ Wilson L. GRIMES, son-in-law
Witnesses: William H. BOWMAN, David HAUGH, Jacob HAUGH

Land - "Good Neighborhood", 53 acres (home place), to son along with
- 3 acres of woods on ASHBAUGH's side of the other lots;
- Lot to be divided between two daughters.

The note for $54.51 to Daniel P. SAYLOR was witnessed by Abraham SAYLOR.

Daniel SHOEMAKER submitted a bill to the estate for $3,250 for
boarding, washing clothes and maintenance of John SHOEMAKER for
six years.

Trustee was Wilson L. GRIMES with sureties as Samuel BIRELY and
Jacob ROOT. Sale was held on 19 Feb 1853, sales to
- Mr BAER for 24 acres at $343.99
- Washington BOONE for 29 acres at $499.50

On 18 Feb 1853, John MORNINGSTAR testified he well knew Mary SHOEMAKER,
the widow and that she was 68 years old.

G. Washington BOONE was unable to pay half of the costs of the section
he bought, so it was resold at private sale (the public sale failed) to
Samuel DIFFENDALL at $499.50

Distribution of $843.49; court costs, $170.98;
- widow (her name here listed as Catharine, maybe Mary Catharine?),
1/9 or $74.72
- C. N. & W. GARBER, $8
- Wilson L. GRIMES, $223.95
- Daniel SHOEMAKER, $250
- each 1/3 share to the children, $13.14
Filed 18 Aug 1853.

ES-2, 166-176 - WACHTEL, SMITH, METZGER, MAIN, GLADHILL, SHEID - 1851

Estate of Solomon WACHTEL

On 1 Apr 1848, Samuel SMITH, Solomon WACHTEL and Daniel
WACHTEL, entered into an agreement with Walter H. SHEID
to sell a lot for $682.10 to be paid in one year plus
interest. Sheid moved onto the property but only paid a
partial amount; then sold his interest in the two acres
to Daniel GLADHILL who is now in possession of it.

Solomon WACHTEL d/ 13 Jan 1851 intestate, leaving 3 minor children,
widow - Catharine

..George Washington WACHTEL
..Joshua Daniel WACHTEL
..Jacob Solomon WACHTEL

Administrator was Daniel WACHTEL (Solomon's brother);
guardian was the children's mother, Mrs Catherine WACHTEL.
William METZGAR testified the family lived in Middletown
Valley.

Land - "Call Hill", 6 1/2 acres (part of John HORINE's land).

Part of Solomon's land had to be sold to pay his debts.
Trustee was Daniel MAIN; sale made to Daniel GLADHILL for
$600. Creditors mentioned were Henry WACHTEL, Samuel SMITH,
and Samuel TOMS.

Distribution of $602.50; court costs, $102.50;
- Samuel SMITH, co-tenant of Solomon WACHTEL, $250
- balance went to various creditors, one being Henry WACHTEL.
Finalized 23 Sep 1853.

ES-2, 176-194 - WAESCHE, PENNINGTON, SMITH, McKINSTRY, SAYLOR - Sep 1851

George W. WAESCHE vs Catharine WAESCHE & Others

George W. WAESCHE d/ 11 Jun 1849, intestate
widow - Catharine

s/ George W. WAESCHE (Jr)
s/ William H. WAESCHE, a minor
s/ John F. WAESCHE, a minor
s/ Joseph A. WAESCHE, a minor
s/ Thomas R. WAESCHE, a minor
s/ Charles A. WAESCHE, a minor
s/ Leonard R. WAESCHE, a minor
s/ James F. WAESCHE, a minor

Land - 398 acres, part in Frederick County and part in Carroll
County; exception is 174 acres previously sold.
- "Resurvey on Terra Rubra" (to Richard James WINCHESTER from John Ross KEY in 1795),
- "Six Brothers" (to Joshua DELAPLANE from Joseph BIGGS in 1814),
- "Stoney Ridge",
- "Resurvey on Welsh Cabbin" (to Joshua DELAPLANE from Jacob & Anna OTTO in 1814),
- "Tom's Fancy",
- "the Cliffs" (to Joshua DELAPLANE from Richard & James WINCHESTER in 1803),
- "This or None",
- "Resurvey on Welsh Cabbin" (previously from Samuel CARMAC and John CARMAC in 1829),
- "Six Brothers",
Total of 91 acres; to George A. WAESCHE from Horatio McPHERSON and John McPherson
BRIEN (residuary legatees under the Will of John McPHERSON, dec'd), William MILLER
(w/ Mary) and John CARMACK (w/ Mary) for $28,000 in 1832; the latter two being
sureties on a mortgage for John McPHERSON to Joshua DELAPLANE and John DELAPLANE.
(The mortgage was released, but a judgment was placed against the Delaplanes for
debts owed.)
Property lies across Pipe Creek and by mouth of small branch called Tobacco Log
Branch and runs by forks of Little and Big Pipe Creek; neighbors were the ELLIOTTS,
John MILLER and Conrad DUTRO (tract "So Far so Good"), by road leading to Hagerstown
and tract "Resurvey on Pipe Creek Hills" and on south bank of Double Pipe Creek.

The widow served as the guardian of the minor children. Testimony was heard from
Noah PENNINGTON who also testified on 24 Sep 1851 that he was personally acquainted
with the widow and had known her for many years and she was about 41 years of age
and in good health.
Trustee was Joshua SMITH with sureties as Jacob REESE and J. S. WARFIELD.
After two failed public sales, the property was sold at private sale on 21 Feb 1853
- to Henry C. McKINSTRY for 26 acres with grist mill, saw mill, fulling mill and
various dwellings and other out houses at $8,000.
- to Daniel P. SAYLOR on 15 Oct 1852 at private sale for 366 acres at $13,000.

1st Distribution of $8,000; court costs, $393.14;
- widow in lieu of dower, 2/15 or $1,014.25
- each 1/8 share to the children, $824.07.

2nd Distribution of $13,000; court costs, $482.17;
- widow in lieu of dower, 2/15 or $1,668.79
- each 1/8 share to children, $1,355.89.
Filed 5 Jun 1854.

ES-2, 194-212 - SCHLEY, SCHAFF, CROMWELL, GOLDSBOROUGH, BARTHOLS, HALLER, PAGE - Dec 1852

George SMITH vs Edward SHRIVER & Others

David SCHLEY d/ 14 Oct 1852 intestate
widow - Georgeana M. SCHLEY and 11 children

s/ Alfred SCHLEY
d/ Mary E. SCHLEY w/o Philip SCHAFF - PA
s/ William Louis SCHLEY
s/ David SCHLEY (Jr.) - Out of State
d/ Sarah C. SCHLEY - PA
s/ Robert H. SCHLEY (turned 21 in March 1849)
d/ Anna M. SCHLEY, a minor
s/ George J. SCHLEY, a minor
s/ John SCHLEY, a minor
d/ Susan S. SCHLEY, a minor
s/ Allen SCHLEY, a minor

Land - House & Lot #63 on north side of E. Patrick St in Frederick,
from Edward SHRIVER and John H. WILLIAMS, trustees of Mary WILSON,
who endorsed notes to Eliza THOMAS and Phebe THOMAS).
- 1/2 undivided share of House & Lot, on the corner of Market and
Church Streets in Frederick Town and bounded on the west by the German
Reformed Church and on the south where George KOONTZ then resided, on
the east by Market St and on the north by Church St; to David SCHLEY
& Thomas HALLER trading as David SCHLEY & Thomas HALLER from Frederick
A. SCHLEY and w/ Barbara in 1847 (previously to Frederick A. SCHLEY
from John P. THOMSON in 1833).

Administrator was Georgeana M. SCHLEY with sureties as Nicholas
CROMWELL, Charles GOLDSBOROUGH and John N. BARTHOLS; guardian
was Edward SCHLEY. Testimony was heard from Major Henry SCHLEY
who was also the appointed trustee with surety as John T. SCHLEY
and signed by Fairfax SCHLEY.
Public sale was held at the City Hotel in Frederick on 23 Jun 1853,
sales were made to:
- Thomas HALLER for the 1/2 undivided interest at $1,440
- Calvin PAGE for the dwelling house and lot at $3,010

Distribution of $5,450; court costs, $393.65
- widow, 2/15 of $1,007.50 (the jointly-owned property), $134.33
- Eliza & Phebe THOMAS as assignees, $2,712.50
- Mutual Ins Co, $1,065
- Multiple creditors, $1,144.52
Filed 5 Nov 1853.

ES-2, 212-219 - EICHANBRODE, PERITZER, FIROR, GEISELMAN, FOX, WHITMORE, HAMMETT, MANTZ, MATHEWS - Feb 1853

Daniel EIGHANBRODE - Petition

Petition was filed to appoint a trustee to manage the interest
share in property for Ann Maria EIGHANBRODE who has been of
unsound mind since birth.
On 12 Feb 1853, an inquisition was held at the school house at
Landis' Mills in Mechanics Town before Sheriff Casper MANTZ with
oaths from Jacob MARTIN, William C. LANDERS, George LANDERS, David
EYLER, John B. PICKING, William SEFTON, James HOSPELHORN, Jonn RONZEL,
John A MARTIN, Daniel WIREMAN, Michael DORSEY, Ezra YOUNG, Joel WELLER,
Perry EYLER, Ephraim HARBAUGH, Jacob HARNER, Ezra EYLER and William LYONS.

Land - 99 acres in Mechanics Town district, now in possession of Daniel
EIGHANBRODE and adjoining land of James HOSPELHORN.

Ann Maria EICHANBRODE had the following relatives:
- Susan EICHANBRODE, mother
- Sophia PERITZER
- Mary FIROR
- Daniel EICHANBRODE
- Elizabeth GEISELMAN
- Charlotte FOX
- Catharine WHITMORE
- John EICHANBRODE
- Sarah HAMMETT
- Susan EICHANBRODE

Jonas MATHEWS was appointed trustee for Ann Maria EICHANBRODE with
surety as Gideon BANTZ; however, Casper MANTZ was guardian.
On 26 May 1853, sale was made to Daniel EICHANBRODE at $100 for Ann
Maria's share. After court costs, the remaining amount of $33.43 was
left in the hands of the trustee. Filed 7 Oct 1853.

ES-2, 219-230 - INGMAN, CLARKSON, NUSZ, LUCKETT, BIRELY, SIVEN - Feb 1852

Frederick town Savings Institution vs Mary CLARKSON & Others

Joshua INGMAN d/ 7 Feb 1852 (Will written 5 Feb 1852; filed 24 Feb 1852)
- Mary Ann CLARKSON (with whom he lived with for many years)
and their children

d/ Cecelia INGMAN w/o Oliver T. NUSZ - Baltimore City
d/ Harriet Ann INGMAN, a minor
s/ Randolph INGMAN, a minor

Witnesses to Will: M. B. LUCKETT, Philip H. CRAMER, J. W. BIRELY

Administrator was Mary Ann CLARKSON with sureties as J. W. BIRELY
and David KENAGA.

Land - Four Houses & Lots and another Lot in Frederick Town

Trustee was M. B. LUCKETT; sale was held at the City Hotel in Frederick
Town on 1 Sep 1853; high bidders were:
- John T. SIVEN for Lot along Fifth St and Middle Alley at $850

Distribution of the first half of the money went to creditors.
Filed 2 Jun 1854.

ES-2, 230-241 - HIGHTON, BISHOP, LORENTZ - Aug 1853

Oliver BISHOP vs Mark BISHOP & Others

Sarah A. HIGHTON d/ Mar 1850 intestate
w/o Mark BISHOP Jr. (d/ May 1850)

s/ Oliver BISHOP
s/ Mark BISHOP, a minor
s/ Charles BISHOP, a minor
s/ George S. BISHOP, a minor
d/ Sarah Ann BISHOP, a minor
d/ Isabella BISHOP, a minor
s/ Benjamin BISHOP, a minor

Land - Lot #238 in "Addition to Frederick town", fronting Sixth St,
to Sarah from William H. ALBAUGH and w/ Susannah in 1838 (to Albaugh
from Jacob ROWE).
- Lot #236 (1/4) in "Addition to Frederick Town", on south side of E.
Sixth St; to Sarah from Mark BISHOP Jr in 1832 (to Mark from George A.
COLE in 1831).

Guardian was William J. ROSS, esq; testimony was heard from William GLEASNER.
Trustee was Grayson EICHELBERGER; on 15 Oct 1853, sale was held at Shank's
Hotel in Frederick, high bidders were:
- Henry LORENTZ for Lot #236 at $275
- Henry LORENTZ for Lot #238 at $116

Distribution of $391; court costs, $104.21
- each child's 1/7 share, $39.54
Filed 3 Dec 1853.

ES-2, 241-253 - MONTGOMERY, BRYANT, IJAMS, CARPENTER, BROWN, SLAVES, BAUGHMAN

James IJAMS & Others vs John M. CARPENTER & Others - Sep 1849

John MONTGOMERY Sr d/ abt Sep 1849, testate

s/ John C. MONTGOMERY
d/ Isabella C. BRYANT
s/ James MONTGOMERY

d/ Mary Ann w/o Plummer IJAMS (see WBT-4, 701)
...James IJAMS
...Rebecca (d/ Jul 1849) w/o John M. CARPENTER
------William Henry CARPENTER, a minor - Out of State
------Julia Rebecca CARPENTER, a minor - Out of State
...Richard IJAMS
...Joshen IJAMS, now w/o William S. BROWN

LAND - "Duvalls Forrest" (from Samuel DUVALL) and "The Rights of Man"
(from John H. McELFRESH), 207 acres, mansion farm near Ijamsville (South
half to son John and other half to children of deceased daughter, Mary
Ann IJAMS); located west of B&O Rail Road and on north side of Bush Creek,
next to land of Henry NIXDORFF and by land of Col. John MONTGOMERY.
- House & Lot on Halloway St in Baltimore, previously from Marcus DENNISON
(to daughter Isabella during her natural life, then to children of Mary Ann)
- Farm on George Town Road where son James then lived (to son John after the
death of son James and his wife or if James has children, then convey to his
children) land previously from Joshua JOHNSON.

SLAVES - negroes JACK and ALLEN (to son James); others not named

Execs/ son John and friend & son-in-law, Plummer IJAMS
Witnesses: Aden ANDERSON, William B. DORSEY, G. M. EICHELBERGER
[Will written 24 Jan 1846]

Testimony was heard from John MONTGOMERY who claimed to know
all the parties since their birth except for Mr BROWN and has known
him since 1847.

Trustees were James IJAMS and Richard IJAMS with sureties as
John MONTGOMERY, John WILCOXON and G. M. EICHELBERGER.

SALE was held 26 Mar 1853 in Ijamsville, but, receiving no sufficient bids,
was later sold at private sale to:
- James A. BAUGHMAN at $2,600.

Distribution of $2,600; court costs, $366.51
- James IJAMS, Richard IJAMS and Joshen BROWN, each 1/4, $558.37
- John M. CARPENTER, curtesy share of 5/16 of 1/4, $170.49
- W. H. CARPENTER and Julia R. CARPENTER, each $191.94

Filed 30 Aug 1853. (See Supplemental at AF-2, 89)

ES-2, 253-256 - CARPENTER - Mar 1854

John M. CARPENTER of King George Co, VA

John M. CARPENTER petitioned the court in 1854 for his children,
William Henry CARPENTER (age 10) and Julia Rebecca CARPENTER (age 5)
to obtain their legacies from the Estate of Plummer IJAMS Sr. and
from Estate of Issabelle C. BRYANT and from Estate of John MONTGOMERY
Sr. Sureties for the bond posted in Virginia were Richard V. TEFFEY
and James PHILLIPS. The court approved the monies be paid to John M.
CARPENTER for his children.

ES-2, 256-266 - JACKSON, DIGGS, HOWARD, WINDSER - Mar 1853

William J. ROSS, creditor vs William G. HOWARD,
adm/of John JACKSON & Others

John JACKSON, a free negro, d/ Feb 1853 intestate

d/ Christina DIGGS
d/ Mary JACKSON - Virginia

(Possibly there may have been other children, but these two were
listed as being the only children free at his death and were entitled
to possess the land.)

Land - "Omi Land" and "Resurvey on the Two Bachelors", 8+ acres,
from Charles JOHNSON in 1838; on the south side of Bennetts Creek,
it being the southern margin of the Old Forge Dam.

Administrator was William G. HOWARD with sureties were Daniel BAKER
and Daniel HOOD. Sale was made to Edmund L. WINDSER at $250.

Distribution: Court Costs, $61.81;
- Balance to William J. ROSS of judgment he filed.
Filed 16 Dec 1853.

ES-2, 266-291 - RICE, BATEMAN, CAMPBELL, DALASHMUTT, KEEFER, MILLER - Dec 1853

Farmers Bank of Maryland vs Elkanh BATEMAN, surviving partner

Lewis RICE & Elhanah BATEMAN were partners in a milling business,
trading as Rice & Bateman, until the death of Lewis RICE.

Land - "Keefer's Prospect", 21 acres with a mill, buildings and water
rights; from Michael KEEFER (w/ Catharine A.) in 1850 (previously from Major
Henry KEEFER); located on west side of county road leading from Frederick
Town to Keefer's Mill; property known as "Grapefield Mills" and situated
on Ballenger's Creek.
- Lot in Frederick Town known as The Union Hotel, on the east side of South
Market St and beginning at the 74' 9" from SE corner of Market & Patrick Sts;
from Joshua DILL in 1851 (previously owned by Benjamin GILBERT and lost from
insolvency).

Lewis RICE d/ 14 Oct 1852
widow - Rosanna D. RICE

d/ Sarah R. (age 23) w/o Elkanah BATEMAN
s/ Charles J. RICE (AGE 19), a minor
d/ Martha M. RICE (AGE 16), a minor
s/ Benjamin F. RICE (AGE 14), a minor
s/ Lewis F. RICE (AGE 8), a minor

(Ages given on 24 Jun 1853 and they resided in Frederick
city.)

Guardian was Abner CAMPBELL; testimony was heard from Elkanah
BATEMAN and Elias L. DALASHMUTT. Trustee was Michael KEEFER
with sureties as Jacob KEEFER and Griffen TAYLOR; after a failed
sale, a second sale was held at the City Hotel in Frederick on
24 Sep 1853. High bidders were:
- John F. MILLER for the lot in Frederick Town at $4,301
- for the mill property, a bid was received for $5,100, but was
rejected.

Distribution of the $4,301 went to court costs and the mortgage
owed to the bank.

Michael KEEFER asked to be discharged from being trustee so that
he could bid on the mill property (he was standing to lose a lot
of money because a sufficient bid wasn't offered again). Then,
William J. ROSS and M. B. LUCKETT were appointed trustees for the
sale. The next sale was held at the Hotel of N. B. HARDING in
Frederick on 5 Nov 1853 and high bidder was Michael KEEFER at
$5,050.

Distribution for the latter sale went to court costs, mortgage
to Jacob KEEFER and part of judgment to the bank.
Filed 30 Dec 1853.'

ES-2, 291-307 - KOONTZ, KELLER, WADE, HOBBS, STRAEFFER - Dec 1853

George SMITH vs Margaret KOONTZ & Others

George KOONTZ d/ 28 Sep 1852 intestate
widow - Margaret

d/ Ann Minerva KOONTZ, w/o John H. KELLER
s/ George S. KOONTZ - Baltimore city
d/ Elizabeth KOONTZ, w/o Thomas WADE
s/ Charles F. KOONTZ, a minor
d/ Fanny R. KOONTZ, a minor
s/ James KOONTZ, a minor
d/ Sophia W. KOONTZ, a minor

Land - Lot #63 in Frederick Town on the west side of Market St;
from Godfrey KOONTZ in 1842 (previously from Griffin TAYLOR and
w/ Susan Ann Rebecca TAYLER in 1842.

Administrator was Worthington ROSS; guardian was Peter L. STORM.
Testimony was heard from Resin HOBBS. Trustee was Worthington ROSS
with sureties as William J. ROSS and Godfrey KOONTZ.
Sale was held at the Hotel of Ezra SHANK in Frederick on 5 Mar 1853
for the previous home of George KOONTZ; hight bidder was John STRAEFFER
at $2,305.

On 21 Mar 1853, Rezin HOBBS testified he knew the widow who was 47
years old and in good general health.

Distribution: court costs, $204.70;
- the widow, 1/8 or $262.53
- Balance to creditors.

Filed 3 Jan 1854.

ES-2, 307-327 - STONER, ANDREWS, HITESHEW, ENGLAR, KINZER, ROBERTS, RINEHART,
SHRINER, WOLFE, PLAINE, McKINSTRY, STOUFFER - Aug 1853

Ephraim STONER & Others vs John STONER & Others

John STONER of Carroll County, MD d/ 2 Sep 1852 intestate
widow - Elizabeth

s/ Ephraim STONER
s/ Henry STONER - Carroll County
d/ Mary Ann w/o Aaron ANDREWS
d/ Elizabeth w/o Charles HITESHEW - Carroll County
s/ John STONER (abt age 19), a minor

d/ Hannah, dec'd w/o Howard ENGLAR, dec'd
...Mary E. ENGLAR (abt age 12), a minor - Carroll County

Land - "Resurvey on Forest In Need", "Hard Lodging", "The Oval",
(Home place and mill property), 136 acres, (lies in both Frederick
and Carroll counties); starts on east side of Sam's Creek.
- Lot #4, 42 acres
- Lot #5, 33 acres
- Lot #12, 10 acres
- Lot #6, 26 acres
- Lot #7, 10 acres
- Lot #8, 7 acres
- Lot #9, 14 acres
- Lot #10, 10 acres
- Lot #11, 12 acres

Guardian of Mary was William N. HAYDEN, Esq; guardian of John
was Samuel CARMACK, Esq. Testimony was heard from John KINZER.
Trustees were Ephraim STONER, Henry STONER and William ROBERTS
with sureties as John W. WILHIDE, Samuel McKINSTRY and John SMITH.
Sale was held on 21 Nov 1853 at the homestead in Carroll County;
high bidders were:
- Jonas ENGLAR and Josiah ENGLAR for home place and mill at $13,208.48.
- Jonas ENGLAR and Josiah ENGLAR for Lot #4 at $2,225.93
- Israel RINEHART for Lot #5 at $1,822.12
- Israel RINEHART for Lot #12 at $1,183.55
- Aaron ANDREWS for Lot #6 at $1,468.50
- Isaac SHRINER for Lot #7 at $817.87
- Samuel WOLFE for Lot #8 at $911.19
- Jacob SHRINER for Lot #9 at $280.50
- Hyram PLAINE & Joseph STOUFFER for Lot #10 at $312
- Joseph McKINSTRY for Lot #11 at $112.50
Total sales, $22,342.66.

Distribution of $8,426.55; court costs $911.37;
- the widow, 1/9 or $835.02
- each child's 1/6 share, $1,113.36

ES-2, 328-338 - SCHLOSSER, ROUTZONG, ROUZER, MAIN, AHALT, WATERS, SMITH - May 1853

Samuel AHALT, exec/of Peter SCHLOSSER & Others vs Jacob SMITH & Others

Peter SCHLOSSER d/ Sep 1851 (Will)

d/ Lydia wid/o Enos ROUTZONG
d/ Catharine w/o Henry ROUZER
d/ Elizabeth w/o Frederick MAIN
d/ Mary Ann w/o Samuel AHALT
d/ Ann w/o James WATERS

Deed of trust to Peter SCHLOSSER from Jacob SMITH of M. and w/ Rebecca,
for the creditors of Jacob.
Land - "Aaron's Rod", "The Resurvey on Pamman" and "The Year of
Plenty", 118 acres; previously to Smith from Tobias HORINE in 1858.
Deed of Trust included farm animals and equipment.

Trustee was Samuel AHALT with sureties as Jacob BAER and Edward L. HERRING.
Private sale was made to Jacob SMITH of M. at $8,910.
After outstanding debts were paid to creditors, $4,585.20 was
received by Jacob SMITH of M.
Filed 30 Dec 1853.

ES-2, 338-348 - HALLER, COLE, BOTELER - Oct 1853

Ann L. HALLER, guardian of Maria HALLER and Caroline HALLER

Philip HALLER d/ abt 1841 intestate
widow - Ann Louisa

d/ Malinda D. HALLER (age 21)
s/ Abner HALLER (age 21)
d/ Maria L. HALLER (age 17), a minor
d/ Calvin J. HALLER (age 16), a minor

Land - Lots #156, 157, 158 in "Addition to Frederick Town",
fronting Market St and along All Saints St; previously from
Jacob HANE in 1825. The lots were opposite Rice's Hotel.

An agreement was made to sell parts of the lots to Baltimore
& Ohio Rail Road Company for $2,000 of which $266.66 was to
be paid as a dower to the widow.

William G. COLE was appointed as guardian. Testimony was heard
from Henry BOTELER and Jacob HALLER.
The sale was approved to the Rail Road and the minor children's
interest was to be invested.

ES-2, 348-373 - MILLER, YOUNG, MUSSELMAN, LIGHTER - Dec 1853

Hannah YOUNG by her next friend John H. YOUNG
vs Henry YOUNG Sr & others

Conrad MILLER d/ 1804 intestate

s/ John MILLER and w/ Catharine
d/ Mary w/o David MUSSELMAN
d/ Ann w/o Henry LIGHTER
d/ Hannah w/o Henry YOUNG
...s/ John H. YOUNG
...s/ Henry YOUNG Jr
...s/ Jonas YOUNG

Land - "Resurvey on Wooden Platter", 129 acres, from
Jacob MILER in 1795; neighbor was Henry BOTELER and
William KLEIN, John MILLER of H., Peter YOUNG and is
on east side of Catoctin Creek and by road leading
from Old Hagerstown Road to George BETEBENNER's mill;
there was a spring leading to Middle Creek on the
north side of land. It includes "Taken in Time",
6 acres, previously from Thomas BEATTY in 1797.
Included was a portion of 15 acres which had
previously been sold to Christian BALLINGER and w/ Mary.

Henry YOUNG purchased all the interests of Hannah's
siblings. Later, Henry conveyed to John J. SMITH the
property in trust to pay off all the debts of Henry.
Smith sold said land to Jonathan PERRY at $6,723.64,
but Hannah is still claiming her dower portion.
However, there had been a previous mortgage on the
property to George BOWLUS.

Testimony was heard from John J. SMITH, George BOWLUS,
and John ALEXANDER, The court approved that Hannah have
her 1/4 interest as dower.

ES-2, 373-396 - COBLENTZ, REMSBURG, ROUTZONG, KEAFAUVER, DERR, CAMPBELL,
SIFFORD, DANNER, LOATS, BECKENBAUGH, YOUTSEY, MOTTER, DOUT, SUMMERS - Apr 1853

John COBLENTZ of P. & Others vs Philip COBLENTZ & Others

John Philip COBLENTZ d/ 28 Jan 1853 intestate
widow - Elizabeth

s/ John COBLENTZ and w/ Sarah REMSBURG
s/ Henry COBLENTZ and w/ Ann Magdalena ROUTZONG
s/ Philip COBLENTZ and w/ Mary Ann KEAFAUVER
d/ Sarah w/o John ROUTZONG
d/ Elizabeth w/o Daniel DERR
d/ Eve wid/o George L. ROUTZONG
d/ Leonora w/o Jacob KEAFAUVER
d/ Catharine, dec'd w/o John REMSBURG, and their children,
...Lewis H. REMSBURG (age 25)
...Stephen Carlton REMSBURG (age 23)
...John Harman REMSBURG (was age 21 by 22 Jun 1853)
...Ann Rebecca E. REMSBURG (age 19, a minor
...Joshua Philip REMSBURG (age 17), a minor
...George Israel REMSBURG (age 16), a minor
...Henry Calvin REMSBURG (age 14), a minor
...Amos W. REMSBURG (age 12), a minor
...Mahlon Reuben REMSBURG (age 8), a minor

Land located in Middletown Valley
- "Stoney Land", 218 acres; from Harman COBLENTZ in 1806
(previously from Peter COBLENTZ in 1791)
and also "Elversen", 3+ acres (previously from Martin
KEPLINGER in 1797;

- Lot #4 of "Resurvey on Mansylvania", 50 acres; next to
tract "All Bottles Full";
from heirs of George BECKENBAUGH in 1833 - all of Montgomery Co Ohio:
- Catharine & John YOUTSEY
- Elizabeth & Henry MOTTER
- Margaret & Henry DOUT
- Mary & William T. SUMMERS
- John BECKENBAUGH & w/ Catharine
- Magdalena & Peter COBLENTZ
- George BECKENBAUGH (now of Frederick Co, MD in 1833).

- Lot #3 of "Mansylvania", 50 acres, from Adam KELLER &
w/ Maria and David BOWLUS & w/ Sophia in 1833.

Guardian was Abner CAMPBELL. Testimony was heard from John SIFFORD,
Joseph DANNER (gave children's ages). On 27 Jul 1853, the widow
testified she was 75 years old.

Trustees were John COBLENTZ of P. and Henry COBLENTZ with sureties
as Samuel BOWLUS and John RAMSBURG. Sale was held on 17 Dec 1853,
sales for mountain land went to
- Philip COBLENTZ for the home place at $50/acre
- John SIFFORD and John LOATS for Lot #1, 16+ acres, at $41/acre
- John SIFFORD and John LOATS for Lot #2, 14 acres, at $40.25/acre
- John SIFFORD and John LOATS for Lot #3, 18+ acres, at $45/acre

Distribution of $12,999.37; court costs $571.48;
- widow Elizabeth COBLENTZ, 1/10 or $1,242.78
- each 1/8 share to children was $1,398.13.
Filed 14 Feb 1854.

ES-2, 397-423 - SMITH, RAMSEY, ANDERSON, THOMAS, RINEHART, SLAVES - Nov 1852

Thomas A. SMITH & Others vs CORVILLA H. SMITH & Others

John H. M. SMITH d/ abt 1 Jan 1850 (Will written 22 Dec 1849)
widow - Corvilla(?) H. SMITH

bro/ Philemon M. SMITH Sr. of Montgomery Co, MD, his children
.....Philemon M. SMITH Jr. - Washington Co, MD
.....Thomas A. SMITH
.....William H. SMITH (d/ between 1850-1852)
.....Charles C. SMITH
.....Ann E. SMITH, now w/o Charles RAMSEY - Baltimore city
.....Mary H. SMITH, a minor
.....Joseph R. SMITH, a minor
.....Rachel Ann SMITH, a minor
.....Ary SMITH, a minor

Nephews
- Nacy W. SMITH - Montgomery Co, MD
- William P. ANDERSON
- Henry M. ANDERSON
- Charles C. ANDERSON
- Absalem ANDERSON

sis/ Ann THOMAS

Exec/ wife and nephew Philemon M. SMITH Jr.
Witnesses: E. W. MOBBERLY, Samuel STEPHENS and Edward HOUCK

Land - "Hickory Plains" and "Dorseys Partnership", 120 acres,
farm and mill near New Market (conveyed to John H. M. SMITH
and Thomas ANDERSON as tenants in common in 1830 by Silas
HIBBARD and John MILLS, trustees for estate of Joseph HIBBERD).
Land was previously owned by Anthony POULTNEY and located on
the east side of the road leading from the mill to Hyatts Town.

Thomas ANDERSON d/ 1852; trustee was H. M. ANDERSON who sold
Thomas' half interest to David RINEHART who is now in possession
of the farm and mill and he is using, occupying and taking all
the rents and profits.

John H. M. SMITH's will freed his "servants" when they arrived
at the age of 35, but no names were given.

Guardian was Philemon M. SMITH Jr. Testimony was heard from
Benjamin F. SCHWARTZ

Trustee was H. Mortimer ANDERSON. Sale was held on 10 Jul 1852
in front of the tavern of Thomas ETCHISON in New Market. Sale to
- Mrs. Ann THOMAS for Lots 26 & 93 with dwelling in the village at $1,701
- Doctor George HUGHES for "New Market Plains", 1 acre, at $117
- Joshua WOOD for "New Market Plains", 7/8 acre, at $100
- David RINEHART for undivided half of farm and mill at $3,625
- Hugh McALEER for undivided half of lot and stone house on a corner
of mill farm at $525
part of "Hobbs Purchase", 14 1/2 acres, was not sold as widow's dower
had not been calculated on it.
Gross sales, $6,524.45.

Private sale was later made to David RINEHART for the remaining property
at $7,250

On 14 Apr 1853, petition was filed by H. Mortimer ANDERSON to obtain
fees charged for medical services for William H. SMITH, now deceased.
William had been ill for the past two years.

Distribution of $7,250; court costs, $353.68
- David REINHART, 1/2 or $3,452.54
- widow, Corvilla H. SMITH, 1/3 or $382.64
- George HOSKINS, register for taxes, $76.52
- children of Philemon M. SMITH Sr, each 1/9, $373.07

ES-2, 424-439 - SHOEMAKER, BOWERS, OHLER, HOCKENSMITH, HITESHEW - May 1853

Adam T. HOCKENSMITH, John HITESHEW and w/ Hannah
and Isaac OHLER and w/ Izariah, creditors & Others
vs Elizabeth SHOEMAKER & Others

Daniel SHOEMAKER (Will written 10 Mar 1852)
widow - Elizabeth

s/ Daniel Lawrence SHOEMAKER, a minor
s/ John Maxwell SHOEMAKER, a minor
s/ Jeremiah David SHOEMAKER, a minor

Witnesses: Henry SIX, Samuel VALENTINE, Samuel OHLER

(sons were not named in Will)

Land - 100 acres, in Emmitsburg District

Administrator was Adam BOWERS; Guardian was Samuel CARMACK.
Testimony was heard from John ROWE. Trustee was Adam BOWERS
with sureties as Michael SLUSS and William GILLELAN.
On 3 Dec 1853, sale was made to Isaac OHLER for 58 acres at
$11.50/acre or $671.38.
Distribution went to creditors, except for $34.75 to each of
the children.

ES-2, 439-449 - SHEETS, HARBAUGH, NULL, WAYBRIGHT - Sep 1853

Jacob SHEETS & Elias SHEETZ - on Petition

George SHEETS d/ Jun 1852 (Will 5 Feb 1850)
widow - Ann Elizabeth

s/ Elias SHEETS
d/ Mary HARBAUGH
d/ Susannah w/o Samuel NULL (d/ betw Jul 1852- Sep 1853)
s/ Jacob SHEETS

s/ Mathias SHEETS, now dec'd - Out of State
...Henry W. SHEETS, a minor
...Julia Ann SHEETS, a minor
...Anne E. SHEETS, a minor
...Mathias SHEETS, a minor

d/ Sabella SHEETS w/o John SHEETS
s/ Lewis SHEETS

Exec/ son-in-law, Samuel NULL
Witnesses: Jacob ZUMBRUN, Samuel VALENTINE, Jacob SHOEMAKER

Land - "Neighbors Agreement", 132 acres, from Jacob SHEETS Sr
in 1805; adjoining lands of Jacob SHOEMAKER and William WHALTER;
located on great road leading from Emmitsburg to Littlestown.

Trustee was Jacob SHEETS with sureties as Andrew ANNAN and Joshua
MOTTER. Sale was held on 30 Nov 1853; high bidder was Abraham
WAYBRIGHT at $2,367.

Distribution in Jan 1854 of $2.367; court costs, $181.60;
- widow, $828
- in trust for Elias SHEETS, $828 (he was possibly disabled in
some way as monies were to be used for his support and later
burial (originally to go to Samuel NULL as his caretaker)
- Mary HARBAUGH, Susanna NULL, Jacob SHEETS, Sebilla SHEETZ,
Lewis SHEETS - each rec'd $88.23
- children of Mathias SHEETZ - each rec'd $22.05

The trust fund for Elias SHEETS was transferred to Andrew ANNAN.
Filed Apr 1854.

ES-2, 449-463 - KUHN, DEVILBISS, HERRING, BIGGS, COVER, CARMACK - Aug 1852

Edward DEVILBISS & Others vs Catharine E. KUHN & Others

Zebulon KUHN d/ (Will 31 May 1841)
widow - Catharine E.

s/ Joseph L. KUHN - Out of State
d/ Louisa w/o Edward DEVILBISS
d/ Eliza w/o William H. HERRING
s/ Franklin KUHN, a minor
d/ Ellen Jane KUHN, a minor

Execs/ William BIGGS of J. and Leonard PICKING (he declined trust);
but William BIGGS is now deceased.
Witnesses: William LYONS, Jacob GERNAND, Henry BUCKMYER

Land - House & Lot in Woodsborough

Guardian was William H. HERRING. Testimony was heard
from John COVER who stated that the KUHN's are children
of his sister. Trustee was William H. HERRING with sureties
as John COVER and John SMITH of M.
Sale was held on 10 Dec 1853 on the premises; high bidder
was William CARMACK of John at $700.

Distribution of $700; court costs, $133.38
- widow, 2/15 or $75.55
- each 1/5 to the children, $98.22
Filed 22 Sep 1854.

ES-2, 464-472 - SUMMERS, PUTMAN - Jan 1853

John PUTMAN vs John SUMMERS

Land - Home Farm, 23 acres, from Robert PATTINGALL and w/ Sarah
in 1839, lies adjacent to John HORINE's Mill and near village of
Beallsville.
- "At Last Agreed", 24 acres of mountain land near Hamburg, adjoining
lands of John STINE and others; from Eli MICHAEL and Elizabeth MICHAEL
in 1841.
- "The First Day of June", 34 acres of mountain land, from Adam
MILLER and Others in 1837.
The three parcels were owned by John SUMMERS and mortgaged to
John PUTMAN; said mortgage now delinquent.

Testimony was heard from William METZGER. Trustee for the sale of
the property was George BOWLUS with sureties as Daniel KEAFAUVER
and Lingan BOTELER.
Sale was held at J. PERRY's store in Beallsville on 3 Sep 1853,
but a sufficient bid wasn't received. Since then, private sale
was made to Samuel T. SUMMERS for the 'Home Farm', first described
above, at $875.

Distribution: court costs, $99.84
- John PUTMAN, $598.63
- John SUMMERS, $176.53 balance.
Filed 15 Mar 1854.

ES-2, 473-478 - WEAVER, LOGUE, BARTGIS, HENRY, ADAM - Jan 1853

Lewis LOGUE and Mary LOGUE - On Petition

Catharine WEAVER of Frederick Town d/ Jan 1853 (Will 15 Sep 1851)

- Mary & Lewis LOGUE
...d/ Mary Catharine LOGUE
...d/ George Anna Virginia LOGUE
...s/ William Samuel LOGUE

- Margaret wid/of Mathias E. BARTGIS

sis/ Mary HENRY

Land - House & Lot on corner of East 5th St & Middle Alley and part
of Lot #234 in the "Addition to Fredericktown", conveyed to Mary HENRY
and Catharine WEAVER by Jacob ROWE and wife in 1831.
- Adjoining House & Lot conveyed to Eve HENRY by Peter DOFLER in 1802

Exec/ Lewis LOGUE
Witnesses: Lewis H. DILL, George T. DILL and J. M. HARDING

Petition asked that a substitute be appointed as trustee for
sale of property; Grayson EICHELBERGER was appointed.
Sale was held on 28 Jan 1854 at SHANK's Hotel; sales to:
- Lewis LOGUE (1st mentioned lot above) at $300
- William ADAM for (2nd mentioned lot above) at $286.

Distribution of $586; court costs $131.17;
- taxes $115.38
- Mary LOGUE, 1/2 or $169.72
- Margaret BARTGIS, 1/2 or $169.72
Filed 23 Mar 1854.

ES-2, 478-486 - BRAWNER, BAUGHER, KERRIGAN, PEARSON - Jan 1854

James W. BAUGHER, surviving partner of Isaac BAUGHER & Co
vs Ann M. BRAWNER & Others

Joseph M. BRAWNER was indebted to Isaac BAUGH & Co.
Isaac BAUGHER died in 1848 leaving James W. BAUGHER as the
surviving partner of their company.

Joseph M. BRAWNER d/ 1850 intestate (died in Wheeling, VA/WV)
widow - Ann Maria

d/ Genevieve BRAWNER, a minor
s/ Joseph BRAWNER, a minor
(children are between the ages of 5 to 12)

Land - 7 acres, lying 3 miles south of Emmitsburg near Mt St
Mary's College, from William MORT and w/ Catharine in 1846.

Guardian was James KERRIGAN Jr. Testimony was heard from Isaac
E. PEARSON. Trustee was Grayson EICHELBERGER. Private sale was
made to Joseph BAUGHER at $400. After court costs, the balance
went to James W. BAUGHER.
Filed 28 Mar 1854.

ES-2, 486-498 - ADAMS, KIMMEL, DEVILBISS, BITZENBERGER - Jul 1853

Ezra CRAMER, next friend of John ADAMS, an infant - on Petition

Jacob ADAMS d/ abt 1850

s/ John ADAMS, (age 17) a minor

Land - "Ogles Necessary Compact", 3/4 acre, from Samuel
DEVILBISS, heir of John DEVILBISS of Caspar in 1828
(previously to John DEVILBISS from Alexander OGLE).
- Lot #5 of "Resurvey on Remsburgs Chance", 7 1/2 acres,
from JACOB ADAMS to Elizabeth ADAMS in 1816; (adjoins
other tract).

Guardian was Anthony KIMMEL; testimony was heard from David
DEVILBISS who stated that Elizabeth ADAMS also died about
1850, about a week after her brother, Jacob ADAMS. He also
stated that Jacob didn't own any property and that Elizabeth
owned the property and her nephew John ADAMS was her only heir.

Ezra CRAMER was appointed trustee to sell the property; sale
held 28 Jan 1854, high bidder was William BITZENBERGER for
1 1/2 acres at $150.

Distribution: court costs, $77.47
- to John Adams $72.53.
Filed 5 Jan 1855.

ES-2, 498-513 - TROXELL, NICKUM, WISE, DAVIS, BAUGHER, CLUTZ, STUART - Dec 1852

William TROXELL & Others vs John NICKUM & Others

Samuel TROXELL of Emmittsburg, dec'd (Will 8 Jan 1851)

bro/ William TROXELL

sis/ Eliza (d/ Spring 1852) w/o John NICKUM, her minor children,
.....Romanus J. WISE
.....Eugene WISE
.....Ann Elizabeth WISE
.....Clara Amanda NICKUM
.....Catharine Sophia NICKUM

sis/ Mary Ann w/o John DAVIS
sis/ Catharine s/o James BAUGHER
sis/ Amanda TROXELL

Exec/ brother William TROXELL
Witnesses: George W. AUGENBAUGH, Joshua ROWE and Isaac PEARSON

Land - Lots #4 and 5 in "Shields Addition to Emmitsburg", to Samuel
TROXELL and William TROXELL as tenants in common from their mother
Catharine TROXELL's Will dated 29 Dec 1852; lots front Main St and
#4 has one-story frame house and one-story stone house and #5 has a
two-story brick house and a brick tan house and a brick bark shed
and tanyard and is on north side of Main St. There are also four
back lots containing 6-7 acres and are bounded by Jacob WINTER on
the east and Robert CROOKSON on the north, by the Gunbutt on the
west and by an alley on the south which has a barn.
- Samuel and William also had a tannery in partnership with the state
of Virginia.
- "Carrollsburg", 3 acres, to Samuel TROXELL and William TROXELL from
Alfred JONES and w/ Mary Ann in 1847; from Will of George WEAVER dated
9 Mar 1840; located next to Isaac BAUGHER's land and lane leading by
German Church to Poplar Ridge.

Guardian was John NICKUM; testimony was heard from Eli CLUTZ who testified
that John D. NICKUM was between 35-40 years old. Trustee was William TROXELL.
Private sale was made to
- Margaret B. STUART for Lot #5 (tanyard property & was home of Jacob TROXELL,
dec'd) at $1,350
- John D. NICKUM for 2 Lots (on North side fronting the alley next to Joshua
SHORB on the East, Jacob MOTTER on the north and meadow lot of Samuel &
William TROXELL on the west), 4 acres, at $387
- Frederick TROXELL & Philip HARDMAN for the Jones Lot at $102
Total sales, $1,839.60.

Distribution: court costs $176.43
- William TROXELL, co-tenant, $831.28
- Taxes, $20.78
- William TROXELL, Mary A. DAVIS, Catharine BAUGHER & Amanda TROXELL,
each received 1/5 or $162.10
- John D. NICKUM, his curtesy portion 3/16 or $30.39
- Each of Eliza NICKUM's children, $26.34
Filed Feb 1853.

ES-2, 513-522 - STALEY, LENHART, HOUCK, SNOOK, CARMACK, WEDRICK, MULLEN, WACHTER - Aug 1853

Jacob STALEY and John STALEY vs William STALEY & Others

George F. STALEY d/ June 1853 intestate

bro/ Jacob STALEY
bro/ John STALEY
bro/ William STALEY
sis/ Polly w/o Henry LENHART
sis/ Catharine w/o Daniel HOUCK
sis/ Susanna w/o Joshua STALEY
sis/ Rebecca STALEY

sis/ Elizabeth, dec'd w/o Simon SNOOK
.....Dennis SNOOK

Land - Farm, 114 acres,

Guardian was Samuel CARMACK, esquire. Testimony was heard from
Hugh MULLEN who stated that George was indebted to his mother,
Elizabeth STALEY for the purchase of the real esate, she being
an heir of Christian WEDRICK, dec'd. Trustee was Jacob STALEY,
with sureties Adam STULL and Jacob STULL.

Sale was held on 13 Feb 1854 at the farm of Ezra SHUNK, high
bidder was Philip WACHTER Jr at $4,681.83.
Distribution: court costs $256.09
- Elizabeth STALEY, her claim, $2,680.57
- state tax $43.50
- each 1/8 share to George's siblings, $212.08
Filed 18 Apr 1854.

ES-2, 522-546 - HAINES, ENGLAR, LIGHTNER, SHUGH - Dec 1854

John ENGLAR of P & Others vs Ann HAINES & Others

William M. HAINES d/ 4 Oct 1852 intestate
widow - Anna and three minor children

d/ Elizabeth HAINES
d/ Rosalia HAINES
s/ Jesse HAINES

The widow was the administrtor.

Land - Farm, "Hazel Valley" and "Resurvey on Forrest
in Need", 192 acres, lies in both Frederick and Carroll
Counties, the larger portion is in Frederick county where
the mansion house is situated; from Daniel HAINES and w/
Elizabeth (parents of William M. HAINES) in two deeds in
Jan 1846 and Apr 1849. Land lies next to land of Mathias
STEIN and is on Sams Creek and has stone house, stone barn,
stone spring house, hog house and two waggon sheds with two
streams.
- also adjoining Lot #2 in "Resurvey on Small Beginning",
24 acres, lies next to "Rich Indian Garden" and lands of
William WEBB and Joel PUSEY.
- "Resurvey on Forrest in Need", 16 acres, mostly in Carroll
County, lies next to "Rich Indian Garden", from Daniel HAINES
and w/ Phebe in 1849 (Daniel is William's father); also "Hazel
Valley" and "Resurvey on Small Beginning", 51 acres, in Frederick
County.

Guardian was John ENGLAR of Joseph. Testimony was heard from
Daniel HAINES who stated the widow was about 24 or 25 years old.
Trustee was Daniel HAINES with sureties as John ENGLAR, Joel HAINES,
and Jacob SHRINER. Sale was made on 14 Oct 1853 to John A. SHUGH
at $70.42/acre.

On 20 Dec 1853, Davis LIGHTNER testified the widow, Anna HAINES,
and stated she was 24 years old and was born Jan 25, 1828, about
7 am.

Distribution of $13,260.08; court costs and survey $565.14;
- Anna HAINES, widow's dower, 1/7 or $1,813.56
- Hiram S. HAINES, his claim, $1,105
- Joel HAINES, his claim, $552.50
- Nathan HAINES, his claim, $2,209.67
and several other creditors, leaving a balance for heirs of $6,736.36
- Anna HAINES, for maintenance of Jesse HAINES who has since died, $40.50
and $5 for his tombstone
- Elizabeth HAINES and Rosela HAINES, each $2,049.86

ES-2, 546-573 - MILLER, EICHELBERGER, GILBERT, DUTTERER, EYLER, KOONTZ, LAUGHTERBAUGH,
OTT, BROWN, MORT, HINEY

John W. MILLER & Others vs Thomas A. MILLER & Others - Nov 1851

William MILLER d/ Jul 1851 intestate (Woodsboro District)
widow - Mary Ann or "Polly"

s/ John W. MILLER and w/ Joana (EICHELBERGER)
s/ William MILLER Jr and w/ Ann Eliza (GILBERT)
d/ Mary Ann MILLER and h/ HEZEKIAH DUTTER/DUTTERO - Carroll County, MD
s/ Thomas Augustus MILLER and w/ Sarah (EYLER)
s/ Zachariah MILLER (a lunatic)

d/ Catharine MILLER (d/ 1834), dec'd w/o Isaac KOONTZ - Ohio
.....Thomas F. KOONTZ - Ohio
.....Clemantine Matilda KOONTZ w/o John LAUGHTERBAUGH - Ohio
.....William Wallace KOONTZ - Maryland
.....Frederick Francis KOONTZ, a minor - Ashland Co, Ohio

LAND - "Millers Fancy", 526 acres less 100 acres sold; obtained by
Special Warrant in 1829 and included parts of "Sixth Dividend",
"Resurvey on Tura", "Resurvey on Royerton Plains", "Pittingers Lot",
"Water Lot" and "Resurvey on This or None". Property started at
corner of (Daniel) PITTINGER's Grave Yard. Neighbors were Peter
ALBAUGH, James GRIMES, John GRIMEs, John FLOWER, Jacob
OTT and the Monocacy River. (see Equity JS-3, 48-56)

- Mountain tract, 46 acres, from William CREAGER and w/ Elizabeth
in 1839; neighbors were Washington BENNETT (east), Christian HOOVER
and John HOOVER (north), heirs of Richard H. JONES (west) and Jacob
FIROR (south); (previously from Nathan EYLER to Creager in 1835);
lies one mile from Mechanics Town.
- Mountain lot, 60 acres, from Susan OTT's Will (previously from
estate of John GRINDER and his widow Magdalena GRINDER in 1843;
located on road from Mechanics Town to Smithsburg.

Susan OTT, dec'd (daughter of Michael OTT)

bro/ John OTT
nephew/ Thomas OTT
cousin/ William MILLER (mountain lot)

Exec/ William MILLER
Witnesses: John OTT, John WARNER and John W. MILLER
[Will written 21 Oct 1853]

Zachariah's share is held in trust by his brother, Thomas A. MILLER.
Guardian for Zachariah for the sale of the real estate was John A. LYNCH.
Guardian in Ashland Co, Ohio for Frederick F. KOONTZ was John H. McCOMBS.
On 2 Mar 1852, testimony was heard from John TROUT and John SMITH of M.
The latter claimed he had heard land in Indiana was also owned by William
MILLER.

At an inquisition regarding Zachariah by Sheriff Norman B. HARDING on
16 Oct 1851, the following ages were given for the Miller children:
John W., 45; William, 38; Mary Ann, 34; Thomas A., 30; and for Catharine
Miller Koontz' children: Thomas, 25; Clementina, 23; William, 21; and
Frederick, 18.

On 25 Apr 1852, John OTTO testified the widow, Mary Ann MILLER was 71
and her general health was tolerable.

Trustee for the sale was John W. MILLER; on 30 Sep 1852, sale went to:
- John COVER for mountain lot (Creager's) at $4/acre or $160.
No sufficient bids were received for the other properties; therefore
private sale was later made to
- Ignatius BROWN for the larger mountain lot at $200
- William MORT for 181 acres of part of 'Pittinger Farm', now known as
"Miller's Fancy (recently surveyed by Joshua BIGGS) at $30/acre
- Henry HINEY for 3 acres on SW side of 'Pittinger Farm" @ $25/acre

1st Distribution of $5,865; court costs, $359.95;
- to widow, Mary Ann MILLER for 1/10 dower, $550.50
- each child's 1/6 share, $825.75
(Catharine KOONTZ's children each rec'd $206.43 from her share)

Filed 19 May 1854. (also see ES-3, 176-179; ES-3, 517-519; ES-4, 386-388; BGF-1, 271-274)

ES-2, 573-592 - ROUTSONG, SHAFER, CAMPBELL, MAIN - Apr 1853

Daniel ROUTSONG vs Jonathan ROUTSONG & Others

Ezra A. ROUTSONG d/ Feb 1853 intestate
widow - Margaret A. (SHAFER) (age 33 in Mar 1853)

d/ Frances Virginia ROUtSONG, a minor (age 11 in Mar 1853)
d/ Charlotte Elizabeth ROUTSONG, a minor (age 8 in Mar 1853)

Administrator was Johnathan ROUTSANG. Margaret ROUTSONG, the widow,
had become "insane" (Feb 1853 inquisition stated she was that way since
1845) and Thomas SHAFER was appointed her trustee.

Land - "Mantz Management", "Wardroof" and "I Have Lost the Most", 176 acres,
from his father, Daniel ROUTSONG, lies next to lands of Daniel ROUTZAHN,
Jacob SMITH, George SMITH, John ROUTZAHN of B., Jonathan ROUTZAHN,
Mrs. Hannah BAKER, Main Road from Middletown to Jefferson, near Mount Nebo
School House, George SHAFER, Henry BURGESS; surveyed by John W. RAMSBURG.
It lies 2 1/2 miles south of Middletown, has 2-story stone dwelling with
a back building attached, an 80-foot long Switzer barn, wagon shed, horse
stable, carriage house, smoke house and spring house

Guardian was Abner CAMPBELL; trustee was Joseph ROUTSONG. Sale was held
on 31 Dec 1853, high bidder was Daniel MAIN at $13,228.16.

John SHAFER's estate was sold by trustees, John Randolph SHAFER and Robert
SHAFER, with a portion of $2,337.36 going to Margaret ROUTZONG, one of his
daughters.

Distribution of $11,821.25; court costs, $545.29;
- Daniel ROUTZAHN (purchase money due him), $5,946.82
- Margaret ROUTZAHN, widow, in lieu of dower, 1/7 or $761.30
- Randolph & Robert SHAFER, trustees, their claim, $2,470.61
- Frances V. ROUTZAHN, $1,048.61
- Charlotte E. ROUTZAHN, $1,048.61
Filed 13 May 1854.

ES-2, 592-600 - BIGGS, KNOFF, KUHN, COVER, SMITH, MARTIN, OGLE, BLAIR,
RIDENOUR, HESSER, DEBILBISS, HERRING, TROXELL - May 1853

Joseph S. KUHN & Others vs John SMITH & Others

Jacob BIGGS d/ Oct 1822 (Will 3 Oct 1822; 21 Oct 1822)

s/ Jacob BIGGS (Jr) (gave him 217 acres)

s/ William BIGGS (gave him 170 acres)

d/ Catharine BIGGS, dec'd w/o John KNOFF (KNOUFF), dec'd
.....Jacob KNOFF
.....John KNOFF Jr.
.....Mary KNOFF w/o Jeremiah MARTIN
.....Catharine KNOFF w/o Benjamin OGLE
.....Susannah KNOFF w/o William G. BLAIR
.....Eve KNOFF w/o William RIDENOUR
.....Amy KNOFF w/o George HESSER

d/ Amy BIGGS, dec'd w/o Zebulon KUHN, dec'd
.....Joseph S. KUHN
.....Louisa KUHN w/o E. DEVILBISS
.....Eliza KUHN w/o William H. HERRING
.....Franklin KUHN

d/ Susannah BIGGS w/o John COVER

d/ Mary BIGGS w/o John SMITH (Uniontown, Carroll Co, MD)

Land - Plantation of 211 acres
- "Resurvey on Bucks Forrest", 115 acres, located four miles north
of Graceham, adjoining lands of Jacob BIGGS and John TROXELL with
a stream running through it, has 1 1/2-story log house and indications
of deposits of copper ore

Execs/ Jacob BIGGS and Zebulon KUHN
Witnesses: Joshua DELAPLANE, William DERN and Frederick BIGGS

Trustee was John COVER, esquire. Sale was held on 18 Feb 1854
at the tavern of P. R. HARRY in Graceham, high bidders were:
- Abraham TROXELL for 115 acres at $6.54/acre

Distribution of $752.10; court costs, $127.79;
- each daughter received 1/4 or $156.07
Filed 29 May 1854.

ES-2, 600-617 - SNOWDEN, SLAVE, SCHLEY, CAMPBELL, DOUB, SHILLMAN, THOMAS - Mar 1853

Frederick Town Savings Institution vs Ezra DOUB, adm/of Solomon SNOWDEN & Others

Solomon SNOWDEN d/ 1 Feb 1853 intestate
widow - Sophia

s/ George SNOWDEN
d/ Mary SNOWDEN
d/ Margaret SNOWDEN. a minor

Administrator was Ezra DOUB; he and George GITTINGER held a
mortgage as sureties to Solomon's loan to the bank.

Land - Lot #12 in "Addition to Frederick Town", fronting Fifth St,
from William H. ALBAUGH and w/ Susannah in 1836 (and previously
to them from Jacob ROWE and w/ Susannah in 1831).

By 12 Apr 1853, it was said that the son, George SNOWDEN was then
a slave of F. A. SCHLEY, Esquire, and therefore could not be made
a party to the suit.

Guardian was Abner CAMPBELL; testimony was heard from Lewis LOGUE,
and Joseph FAUBLE. Trustee appointed for the sale was Ezra DOUB.
On 29 Jul 1853, an affidavit of widow's age was file; William SHILLMAN
testified he knew the widow and that she was about 50 years old and
that the state of her health was not good.
On 20 Aug 1853, sale was held at DERR's Hotel in Frederick, high
bidder was Lewis M. THOMAS at $286.

Distribution of $286; court costs, $116.99;
- widow, in lieu of dower, 1/8 or $21.12
- Frederick town savings, partial claim, $147.89
Filed 2 May 1854.

ES-2, 618-628 - MAUGHT, RHODES, STREAM, HEIMS/HYMES, ENOS, WERTZ, WHIP, AHALT - Nov 1853

Frederick SLAGLE and Samuel MAUGHT vs Daniel MAUGHT & Others

William MAUGHT d/ intestate (s/o Andrew MAUGHT)

bro/ Daniel MAUGHT (lives in Ohio)
bro/ Samuel MAUGHT
bro/ Henry C. MAUGHT

sis/ Catharine RHODES, dec'd
.....Catharine M. STREAM
.....Henry G. RHODES
.....Barbara Ellen w/o Samuel S. HEIMS/HYMES
--------Nancy ENOS
.....Catharine w/o Cornelius WERTZ

bro/ John MAUGHT, dec'd
.....Thomas J. MAUGHT
.....Andrew C. H. MAUGHT
.....Barbara Ann w/o George WHIP
.....Catharine Ann w/o Joshua AHALT
.....Sarah A. Ellen MAUGHT
.....Eliza Ann E. MAUGHT
.....Juliana A. S. MAUGHT
.....Conrad W. MAUGHT

Land - "Brothers Good Will", "Merry Peep A Day", "Fielderia" and
"Juliana", 29 acres; previoulsy to William MAUGHT from Henry MAUGHT
and Mary Ann MAUGHT in 1850;
- Same tracts of 20 acres in deed of mortgage from William to Samuel
MAUGHT in May 1853; it was his portion of the real estate of his deceased
father, Andrew MAUGHT.

Trustee was Henry MAUGHT with sureties Henry MAUGHT and William S. LAKIN;
sale was held on 11 Mar 1854, high bidder was Henry MAUGHT at $50/acre.

Distribution of $1,250; court costs, $198.67;
- Frederick SLAGEL, for mortgage claim, $504.16
- Samuel MAUGHT, for mortgage claim, $527.17

Petition filed because, at the time of William MAUGHT's death, he left
a negro woman named GRACE, 75-80 years old, helpless and decrept and
asks an allowance be set aside for her support. On 9 Jan 1855, $500
was set aside for her support, with remainder after her death, to be
returned to the court.

ES-2, 628-629 - EIGENBRODE, MATHEWS - Jan 1855

Supplemental of Estate of Ann M. EIGENBRODE, a lunatic and
Jonas MATHEWS, trustee (from ES-2, 212)

Statement of 2nd Account:
- Balance in Trustees hands, $33.43
- Interest from 27 Jul 1853 to 1 Jan 1855, $2.84
- Amt of Distributive share from Daniel EIGENBRODE, adm/of
John EIGENBRODE, $41.58; and interest, $73.60
- Amount received as contribution from D. EIGENBRODE, $30
Total monies, $181.45
- to Trustee for commission, 9/10 or $9.15
- Misc court costs, $10.52
- To Trustee for Bond for Lunatic, $50
Leaving balance in Trustee's hands, $111.77.
Filed 4 May 1855.

ES-2, 629-644 - ELDER, CRETIN, COX, BLAIR, WALTER, CROUSE, WITHEROW, STUART, GRABILL - Jun 1853

William H. GRIMES vs Lydia Ann ELDER & Others

Thomas ELDER d/ 22 Mar 1853 (Will written 11 Mar 1850)
widow - Lydia Ann

s/ Thomas G. ELDER
d/ Ellen wid/o Samuel CRETIN, dec'd - Baltimore, MD
sometime in 1854, she remarried to George COX

(children were not named in the will)
Witnesses to the will: Leonard PICKING, Jacob KNOUFF, Jeremiah
WHITMORE.
The widow renounced the duties of executrix and administrator
became John WALTER.

Land - Two tracts of "Peace and Plenty", 112 acres, to Thomas
ELDER from Guy ELDER and Eleanor BLAIR and husband Lewis BLAIR.
Land from Will (written 29 Dec 1805) of Guy ELDER (Sr), dec'd,
to his three children, Guy ELDER (Jr), Thomas ELDER and Eleanor
BLAIR (w/o Lewis BLAIR) in equal shares; deed was for his third.
Property adjoins lands of Mayor Joseph OGLE, dec'd, Henry KUHN
and Jacob HOLTZMAN.

Since the petition was filed, it was discovered that John S. STUART
held a mortgage on the property and he has since died; John GRABILL
is Stuart's administrator.

Trustee was John WITHEROW; on 17 Dec 1853, sale was made to Michael
CROUSE for 65 acres at $2,425. The balance of the tracts had been
sold previously by Thomas ELDER in his lifetime.

Distribution of $2,425; court costs $273.18;
- John GRABILL, adm/of John S. STUART, balance on mortgage, $330.29
- Multiple creditors - $836.08
- Lydia A. ELDER, widow's portion, per agreement, $328.48
- Thomas ELDER, 1/2 or $328.48
- Ellen CRETIN, 182 or $328.48

On 20 Feb 1855, Rebecca BECKWITH testified she heard a conversation
between the father and son and the father agreed to pay his son if
he would stay and work there until the father's death; and that she
was at the residence for several months in 1847 had visited muliple
times and saw the son there and working for him. A claim was submitted
by the son for $425 figured at $10/month which the daughter opposed.
The son's age was given as 29 years old. On cross-examination, she
stated Thomas G. ELDER was in New York from May 1851 until Oct 1851
when he returned with Rebecca to his father's house.

The widow testified to the months the son had worked there and stated
he left for New York on 12 Sep 1848 and returned in corn planting time
about the 1st of May 1849 and left again in the fall of 1851.
The court approved the son's claim which was partially deducted from
the daughter's share. Filed 24 Apr 1855.

ES-2, 644-652 - WACHTER, OHLER, CARMACK - Aug 1854

John WACHTER and Solomon OHLER vs Levi N. OHLER

David F. WACHTER d/ 3rd or 20th of Jul 1854 intestate

s/ Edwin R. WACHTER, a minor
s/ Robert D. WACHTER, a minor

Adm/ Joshua DILL

In Sep 1852, a deed of trust was conveyed to David F. WACHTER by
Levi N. OHLER and Solomon OHLER. The property was sold in the
deed of trust and John WACHTER and Solomon OHLER became the purchasers.

Land - Mill and 34 acres, adjoins lands of Widow Hill and J. CUSTIS.

Guardian was Samuel CARMACK. Trustee was Joshua DILL.

Distribution of $710.46; court costs, $114.54
- Solomon OHLER, 93% of his claim, $277.52
- Levi N. OHLER, 93% of his claim, $318.40
Filed 14 May 1855

ES-2, 652-682 - HAYS, HIGGINS, CREDLER, BENNETT, LAWRENCE, DORSEY - Sep 1851

William ANDERSON and Harpers Ferry Savings Institution
vs Maria HIGGINS and Harriet E. HAYS

Joseph G. HAYS d/ 7 Aug 1850 intestate, of Jefferson Co, VA (later WV)
widow - Harriet D. (all now living in Frederick Co, MD except as noted)

d/ Ellen S. HAYS, dec'd
s/ William Henry HAYS
d/ Cynthia Susan HAYS - Carroll Co, MD
d/ Maria E. HAYS
d/ Mary A. M. HAYS

Land - 144 acres, from Joseph G. HAYS of Jefferson Co, VA to Maria HIGGINS
in 1849 for $5,760, as Deed of Trust for the benefit of Hays' daughters,
he wishing to exclude his son since he had previously assigned property to him(?).
Tracts previously to Hays: for 50 acres from Perry BENNETT and w/ Eleanor
in 1848; and 94 acres; from William HIGGINS and others by partition in 1837.

Maria HIGGINS of Carroll Co, MD, was the sister of Joseph HAYS' wife, Harriet,
and testified to the names of his children, she being an aunt to only two of
them since Hays was twice married. She also stated Hays had wished to make a
Will; however, before he was able to do that, he was stricken with Cholera which
was prevalent in Harpers Ferry at that time and died within a few days. After
the death of Hays, she issued notes to each of the three surviving daughters for
$3,000 each in order to secure their interests in their father's estate as he
had wanted it.

Harriet HAYS claimed her husband had paid back more than their records showed,
but was unable to find her husband's book in which he kept those records.
ANDERSON has since resigned and moved to Frederick Co, MD.

Testimony was heard from Henry WARD, S. STEPHENS, M. CREDLER, A. M. KITZMILLER
and William J. STEPHENS in Harpers Ferry.

On 18 Oct 1853, a petition was filed by George T. HAYS and William HIGGINS,
stating Harriet E. HAYS had died intestate; she had been the administrator of
her husband's estate. Administrator of Joseph HAYS' estate was George T. HAYS
with sureties as Roderick DORSEY and Mary A. M. HAYS; administrator of Harriet
HAYS' estate was William HIGGINS with sureties as Maria E. HAYS and John BARTHOLEW.

Trustee was William M. MERRICK with sureties as Grayson EICHELBERGER and Hugh McALEER.
The deed to Maria HIGGINS from Joseph HAYS was declared null and void and sale of his
property was decreed. Sale was held on 19 Nov 1853 on the premises, high bidders were:
- Perry BENNETT for the 49.5 acres at $71.87/acre
- Maria HIGGINS for the 94 acres at $35.25/acre
Since the sale, Maria transferred her rights to Harry W. DORSEY.
Gross sales, $6,871.31.

Distribution of $6,889.03; court costs $738.20
- Various creditors, $2,871.90
- Harpers Ferry Savings, $3,148.77
Remaining balance to heirs, $130.13. 1/4 or $32.53 each to
- Mary A. M. HAYS
- Cynthia HAYS
- William H. HAYS
- Maria E. HAYS

On 23 May 1845, Dr. Daniel H. LAWRENCE sold to (Dr.) Joseph G. HAYS his drug
and medicine store in Harpers Ferry to include everything including outstanding
debts, some of which Augustus M. CRIDLER has incurred. Exchange ws to be made
for Hays to sell his farming implements and stock and obtain notes to transfer
to Lawrence.

2nd Amended Distribution of $6,889.03; court costs $871.98
- Ann F. MOTTER, mortgage, $315.30
- Ariana TRAIL, mortgage, $111.56
- Harriet S. HAYS, 92% of claim, $323.48
- Dr. D. H. LAWRENCE, $1,380.26
- Harpers Ferry Savings, $2,862.63
- Other Misc Creditors received the balance
Filed 17 Feb 1855

ES-2, 683-694 - DEVILBISS, DEBOW, RINEHART

Adam DEVILBISS and John DEBOW vs Adam W. DEVILBISS,
adm/of G. W. DEVILBISS & Others - Aug 1854

George W. DEVILBISS d/ 27 Jun 1854, intestate
widow - Maranda O.

s/ Rufus W. DEVILBISS, a minor
s/ Henry C. DEVILBISS, a minor
d/ Ann M. DEVILBISS, a minor
s/ George A. DEVILBISS, a minor

LAND - Mill and 16 acres, known as Ijams Ville Merchant and Saw Mills
with two pairs of French Burrs and one pair of Country stones and
necessary machinery for cleaning of wheat and manufacturing flour,
propelled by two overshots; situated on Bush Creek and on Baltimore
& Ohio Rail Road, 56 miles from Baltimore where produce can be loaded
free of charge. There is also a log dwelling hours with kitchen
attached, smoke house, variety of fruit trees and has a bed of slate.
Mortgaged to John DEBOW with surety as Paul P. DEVILBISS.

- "Devulls Forrest" and "Mays Fall", 16 acres, lies on road leading
through Ijamsville; next to lands of Plummer IJAMS.
To John DEBOW of Baltimore City from James IJAMS of Berkeley
Co, Virginia (WV now) and Richard IJAMS, as trustees, dated
26 Apr 1853.

Adm/ Adam W. DEVILBISS
Guardian was the children's mother.
Testimony was given by Adam W. DEVILBISS who stated George
and his family lived in IJAMSVILLE; gave his death date listed above.
also gave children's names and stated the widow was age 35 and
her health was tolerably good.

Trustee was Maranda O. DEVILBISS; providing bond was Adam
W. DEVILBISS, Thornton POOLE, John PHILLIPS.

SALE was hedl 12 Jan 1855; high bidder was:
- A. M. RINEHART at $4,300
The property was presently being rented until June.

1st Distribution of $1,433.33; court costs $280.12'
- John DEBOW, part of his claim, $1,153.21

Filed 24 Apr 1855. Supplemental at ES-3, 341

ES-2, 694-713 - GETTIER, CAMPBELL, KERRIGAN, McBRIDE, GAMBLE, GELSON, BAUGHER - May 1853

David GAMBLE and Richard GELSON vs Elizabeth GETTIER & Others

David GAMBLE (w/ Margaret) and Richard GELSON (w/ Margaret)
held a mortgage from Daniel G. GETTIER who previously lived in
Emmitsburg.
James W. BAUGHER held a second mortgage (which included personal
property) from Daniel G. GETTIER which he transferred to Gamble
and Gelson.
In 1850, Channcey BROOKS and Henry W. HISER, trading as Brooks and
Heiser, obtained a judgment against Daniel G. GETTIER.

Daniel G. GETTIER d/ 1853 intestate in Baltimore city
widow - Elizabeth - Baltimore city

s/ Joseph A. GETTIER - Baltimore city
s/ John GETTIER, a minor - Baltimore city
d/ Mary GETTIER, a minor - Baltimore city
s/ William GETTIER, a minor - Baltimore city
d/ Rose GETTIER, a minor - Baltimore city
s/ Edward GETTIER, a minor - Baltimore city
s/ Peter GETTIER, a minor - Baltimore city
s/ George GETTIER, a minor - Baltimore city

Land - Lots #6 & 7 in Emmitsburg, on the north side of Main St, then
known as the Emmitsburg Hotel

Guardian was Abner CAMPBELL; testimony was heard from James
KERRIGAN Jr. Sale was held on 5 Nov 1853 at the house of Daniel
WILS in Emmitsburg; high bidder was Anthony McBRIDE for the lot
and tavern stand at $1,800.

Distribution of $1,800; court costs $179.70
- David GAMBLE and Richard GELSON, in part of their claim, $1,620.30
Filed 13 Feb 1854.

ES-2, 713-729 - RONEY, CLAGETT, PRESTON, SUTER, TABLER, LYNCH - Apr 1853

Samuel CLAGETT vs Margaret RONEY & Others

John D. RONEY d/ Jan-Feb 1852 intestate
widow - Margaret
s/ John RONEY (age 11 in Jan 1854)
s/ Joseph RONEY (age 9 in Jan 1854)
d/ Alice RONEY (age 7 in Jan 1854)
d/ Catharine RONEY (age 3-4 in Jan 1854)

Land - Lot #31 and brick house in Knoxville, between lot of John P. GARROTT
and lot of Mrs. S. GARROTT, dec'd, on which Job MILLER then resided. Lot
lies on road leading to Hickory Landing from Frederick/Harper's Ferry Road;
allowance was made for a ten-foot alley. Lot deeded from Thomas BOTELER
in 1848. The back part of the lot was owned by Samuel B. PRESTON.
John D. RONEY's father had a farm nearby.

Administrator was Samuel B. PRESTON; guardian was Henry SUTER, but
transferred to William B. TABLER. Testimony was heard from Milton M.
CLAGETT and Samuel B. PRESTON. Trustee was Z. S. CLAGETT with
Samuel CLAGETT and Milton M. CLAGETT as sureties, all of Washington
County. After a failed public sale, private sale was later made to Mrs.
Ellen LYNCH at $300, subject to the dower of Margaret RONEY, the
widow.

Distribution of $300; court costs $103.33
Balance to creditors. Filed 22 Feb 1855.

ES-2, 729-744 - SLAGLE, EASTERDAY, KNOTT, CUNNINGHAM, KEMP, DUVALL, MAUGHT - May 1854

Joseph EASTERDAY and wife, Sarah A. N. vs Francis A. KNOTT & Others

Frederick SLAGLE d/ 5 May 1854 intestate

d/ Sarah A. N. w/o Joseph EASTERDAY
d/ Ruth W. w/o Francis A. Knott

d/ Elizabeth D. dec'd w/o Edward C. CUNNINGHAM - St Charles City, Missouri
.....Frederick CUNNINGHAM, a minor - Missouri
.....Edward L. CUNNINGHAM, a minor - Missouri
.....John M. D. CUNNINGHAM, a minor - Missouri

Land - Home Farm, 105 acres, on west side of Catoctin Creek and on
Frederick & Harpers Ferry Ridge Road in Middletown Valley, half way
between Frederick and Harpers Ferry and adjoining lands of Rebecca
HILLEARY, Heirs of Solomon BLESSING and Heirs of Henry SLAGLE;
has 2-story brick house with back building, a barn granary and a well
within 3-4 yards of the house; also has fields with running water.
- 2nd Farm, 80 acres, then occupied by Francis A. KNOTT; lies two
miles from the Home Farm and adjoins lands of Henry C. DUVALL,
Joseph CARTZENDAFFNER and is on county road leading from Peters
Ville to Point of Rocks; has log house, barn, corn house with five fields
with running water.
- Wood lot, 15 acres, one mile from Home Farm, adjoining land of Thomas
CLAGETT, David CARTZENDAFNER and Rebecca HILLEARY.
The above farms lie 3-5 miles from Baltimore & Ohio Rail Road and
Chesapeake & Ohio Canal and are in the vicinity of several large merchant
mills.

Testimony was heard from Henry BOTELER and Andrew KESSLER;
trustees were Francis A. KNOTT and Joseph EASTERDAY.
On 2 Feb 1855, sale was held, high bidders were:
- William A. KEMP for the home farm at $6,752
- Henry C. DUVALL for the second farm at $3,971.55
- Samuel MAUGHT for the lot at $684.75

Distribution of $4,408.30; court costs $535.97;
- Sarah A. N. EASTERDAY, 1/3 or $3,624.11
- Ruth W. KNOTT, 1/3 or $3,624.11
- Children of Elizabeth CUNNINGHAM, $1,208.03 each.
Filed 6 Apr 1855.

ES-2, 744-745 - PHILLIPS, EADER, BENTON, MAGERS - Feb 1855

EADER & Others vs MAGERS & Others
Supplemental of HS-6, 65

Col. Noah PHILLIPS, trustee for Ely PHILLIPS

Collection of rent money from William BENNETT.
Distribution of $750; court costs $66.18;
- Miranda EADER, daughter, 1/9 of 2/3, $50.65
- Malinda BENTON, daughter, 1/9 of 2/3, $50.65
- Ruth MAGERS, daughter, 1/9 of 2/3, $50.65
- John PHILLIPS, son, 1/9 of 2/3, $50.65
To the following, 1/9 of 2/3 as heir, plus 1/5 of 1/3 as heir
to Catharine PHILLIPS, widow of Eli PHILLIPS and
who as survivor of her husband was entitled to 1/3:
- Eli PHILLIPS, $96.24
- Ann PHILLIPS, $96.24
- Jason PHILLIPS, $96.24
- William PHILLIPS, $96.24
- Amelia PHILLIPS, $96.24

Filed 23 Apr 1855.

The End of ES-2

Equity Court Abstracts

Book ES-2 - 1850-1855

Frederick County, Maryland

MDGenWeb © Copyright 2024 Last revised on May 28, 2024

MDGenWeb © Copyright 2024
Last revised on May 28, 2024