Equity Court Abstracts

Book ES-3 - 1850-1856

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-3, 1-8 - DIXON, CULLER, THOMAS, HARDT, MAHONEY, SCHLEY, MARRIOTT
Philip CULLER & Others vs William H. DIXON & Others - May 1855 James DIXON d/ May 1835 widow - Sophia (d/ 1854) s/ William Henry DIXON s/ James DIXON (Jr) (only mentioned in testimony) s/ Richard T. DIXON d/ Ann R. DIXON w/o Philip CULLER d/ Sophia E. DIXON w/o Lewis THOMAS s/ Robert DIXON d/o c1844, single, no issue s/ Benjamin F. DIXON s/ Joseph A. DIXON, a minor LAND - 28 acres, lies near FLEAGER's Mill In 1847, William sold his share to his mother as did Richard in 1848. In 1851, William H. DIXON applied for insolvency and Henry CULLER Jr was appointed his trustee. In 1854, Richard T. DIXON applied for insolvency and Alpheus W. MARRIOTT was appointed his trustee. Guardian was William MAHONEY. Testimony was heard from Edward SCHLEY. Trustee was Philip CULLER with sureties as George SMITH and Daniel J. SHELLMAN; a failed sale was held on 1 Dec 1854, but a later sale was made to George HARDT for $1,200. Distribution of $1,200; (at the time of the widow's death, she owned 1/3 of the property) - court costs $142.39; - Ann K. CULLER, 2/9 or $235.02 - Sophia E. THOMAS, 2/9 or $235.02 - Benjamin F. DIXON, 2/9 or $235.02 - Joseph A. DIXON, 2/9 or $235.02 - Henry CULLER, trustee of Wm. H. DIXON, 1/18 or $58.75 - A. W. MARRIOTT, trustee of Richard T. DIXON, 1/18 or $58.75 Filed 16 May 1854.
ES-3, 8-15 - SCHWARTZ, HICKSON, WYGALL/WEIGLE, SCHROEDER, ALBAUGH, TRISLER, LOWRA - Feb 1855
William C. HICKSON & Others vs Mary WYGELL & Others Valentine SCHWARTZ Jr of Frederick Town (Will 4 Feb 1806; 14 Mar 1806) father/ Valentine SCHWARTZ, dec'd mother/ Susannah SCHWARTZ sis/ Mary (SCHWARTZ), dec'd w/o Thomas HICKSON .....Henry HICKSON, dec'd -------William C. HICKSON .....Susannah w/o William H. ALBAUGH .....Thomas V. HICKSON sis/ Margaret (SCHWARTZ) WYGALL .....Mary WYGALL/WEIGLE (single and over 60 in 1855) sis/ Susannah (SCHWARTZ), dec'd w/o Henry SCHROEDER .....Henry SCHROEDER Jr .....William SCHOEDER, dec'd -------Charles SHROEDER -------Henrietta SHROEDER .....Edward SCHROEDER*, dec'd - Baltimore city - Elizabeth TRISLER, d/o Valentine TRISLER Land - 1/2 of Lot #57 in Frederick Town, extends from Patrick Street to Church Street, next to Nicholas HIGHLER - 1/2 of Lot #57 in Frederick Town, extends from Patrick Street to Church Street, next to Michael OLLER Witnesses: Jacob BALTZELL, Philip PYFER and John MANTZ ==== Edward SHROEDER* d/ Baltimore, MD (Will 15 Oct 1839; 11 Feb 1847) (Edward and his siblngs listed here were children of Henry SCHROEDER and another wife, but not of Susannah; but since Valentine SCHWARTZ' will stated Henry,William and Edward were her children, perhaps Edward's Will meant Eliza and Charles were of another mother.) bro/ William SHROEDER sis/ Eliza M. SHROEDER bro/ Charles SHROEDER, dec'd - Betsy LOWRA Edward noted he was leaving for the south (where sickness prevailed) when he wrote his will. Witnesses: John WEVER, James S. WEVER and Charles DAVIDSON. Thomas V. HICKSON sold his interest to William H. ALBAUGH, who was appointed trustee. On 15 Feb 1855, he sold the real estate at private sale to the Frederick Female Seminary at $1,050. Distribution - court costs, $121.48; Remaining in trustees hands, $928.92; interest to be paid to Mary WIGALL during her lifetime, then divided upon her death. Filed 21 Apr 1855.
ES-3, 15-49 - SHRINER, SCHALL, TITLOW, KEMP, KLINE, REICH, SCHLEY, KRANTZ, ANDERS - Sep 1854
Edward A. SHRINER vs Mary Phoebe SHRINER & Others Cornelius SHRINER d/ Sep 1854 intestate widow - Mary Phoebe s/ Edward A. SHRINER d/ Mary Catharine SHRINER, a minor s/ George W. B. SHRINER, a minor s/ Cornelius H. SHRINER, a minor (d/ abt Jan 1855) Land - Ceresville Mills and 40 1/2 acres, from Richard POTTS, as trustee for estate of William E. WILLIAMS in 1832 (originally surveyed for Charles W. JOHNSON); also included a blacksmith shop. This was the home place of Cornelius and ws three miles from Frederick on road leading to Woodsborough; mill house was stone, 45 x 60 feet with wheel house attached, five stories high and storage for 15,000 bushes of grain. It had four pair of burrs, three for grinding plaster, etc. The mills were propelled by water of Israel's Creek and also had a saw mill. The house was rebuilt, three stories high with large and airy rooms, 50 feet in length with a wing 16 x 18 feet, a frame barn with stabling, corn house, carriage house, ice house and has a school house on the premises, three tenant houses, cooper shop, blacksmith shop and waggon makers shop. - Carroll Creek Mills on "Taskers Chance" and "Pipe Meadow", 6 acres, from Edward SCHLEY and w/ Eve Margaret in 1843; tract laid on bank of Monocacy river near the mouth of Carroll Creek and by road leading from Frederick Town to Campbell's Ford and by farm of Richard POTTS, esquire, embracing grist and saw mills. Situated 1 1/4 miles east of Frederick Mill House, 35 x 50 feet, four stories high with two pair of burs for wheat, etc.; one pair of choppers for grinding plaster and custom work. It has dwelling house, two stories high with stabling, carriage and other out houses. - parts of Lots #22, 23, 24 & 27 in Frederick town, from Samuel CANBY of Baltimore County, Samuel DUER and wife Matilda to Cornelius SHRINER and Louis V. SCHALL in 1841 (previously from Ashton ALEXANDER and Elizabeth M. MARSHALL by George ALEXANDER and wife Alice R.); laid north of Patrick Street on on northern edge of Carrolls Creek. ----Also included - "Linganore Mills" and 112 acres, (previously from David KENAGA to Horatio McPHERSON, then to Mary S. McPHERSON, John McPHERSON and John R. DALL, then to Canby and Duer in 1839); built of brick, 60 x 80 feet, five stories high with three water wheels and four pair of superior five foot burs. A distillery is connected to the mill and was built four years ago, 30 x 80 feet, stone and frame, two stories high with boiler and coal sheds attached, can mash 150 bushels of grain per day. There is a saw mill, school house, four dwellings and tenant houses, large switzer barn, stabling for 15 horses and 16 cattle, etc. ----Also included "Charles & Elizabeth", 9 acres, on road leading to Canby & Duer's Mill; (previously from Thomas H. HOWARD and wife Eleanor in 1840). ---- Also Lot #3 of "Benvenue", 59 acres, to Canby & Duer from Jonathan EADER in 1836, (previously patented to Levi HUGES in 1816, then conveyed to James ROBERTSON); laid on west side of Monocacy and the lot of Baltimore & Frederick Turnpike Company (toll house lot). - "Hammonds Request", 6 acres, from Daniel DORSEY and wife Harriet to Cornelius SHRINER and Louis V. SCHELL in 1846 (previously from Charles HAMMOND to James ROBERTSON; lays on north side of Linganore Creek. - "Charles and Elizabeth", 151 acres, (Home place of Thomas H. HOWARD), from Joshua DILL, esquire as exec/of Thomas H. HOWARD; sold to Cornelius SHRINER for $4,538.25. Adjoins Linganore Mills property, has one-story weather board house on high ground with fine view of Frederick city, stabling, wagon sheds, spring house and spring of soft water near the house. Louis V. SCHALL and wife Jemima sold his interests to Cornelius SHRINER in 1852 for $11,000. Guardian for the minor children was Abraham KEMP who also testified. The widow's dower land was laid off to include parts of "Charles and Elizabeth" and "Benvanue" for 60 acres which lay between the Monocacy River (ending at bridge) and road to Linganore Mill; also a 32 acre lot on the west side of Monocacy which lies between Monocacy and the lot of the Baltimore & Frederick Turnpike Company. She also received a section of the other tracts, 2 acres and 20 acres. Trustee was Edward A. SHRINER with sureties John DERR, Abraham KEMP, Louis V. SCHOLL and Daniel SCHOLL. Sale was held at the City Hotel in Frederick on 7 Feb 1855: - Linganore Mills, 185 acres, to Louis V. SCHOLL and Aaron ANDERS at $21,600 - The Howard Farm, 96 acres, to Caspar CLINE at $3,816 - House & Lot, 2 acres on west side of Monocacy, to Philip REICH at $116 - Carroll Creek Mills with right-of-way over lands of Edward SCHLEY, 6+ acres, to Frederick KRANTZ at $5,575 - Ceresville Mills, 40 acres, withheld from sale. Edward A. SHRINER decided he now wanted to bid on the Ceresville Mills property, his family home, so asked to be excused as trustee so he would be able to bid on the property; Abraham KEMP was then appointed trustee. At the next public sale, Edward became the high bidder at $14,600. On 14 Mar 1855, Daniel TITLOW testified the widow, Mary Phoebe SHRINER was about 36 years old and her health was tolerably good. 1st Distribution of $31,111.47 - court costs, $1,422.87 - widow, 1/7 or $4,241.23 - Edward A. SHRINER, 1/3 or $8,482.45 - Mary C. SHRINER, 1/3 or $8,482.45 - George W. B. SHRINER, 1/3 or $8,482.45 2nd Distribution of $14,600 - court costs, $512.42 - widow, 1/7 or $2,012.51 - Edward A. SHRINER, 1/3 or $4,025.02 - Mary C. SHRINER, 1/3 or $4,025.02 - George W. B. SHRINER, 1/3 or $4,025.02 Filed 24 Apr 1855.
ES-3, 49-56 - TOOP, ENGLE, CARMACK, BUCKINGHAM, GREENWOOD - Jun 1855
Daniel ENGLE and Peter ENGLE vs Norris TOOP & Others Elijah TOOP d/ 1853 intestate widow - Elizabeth Ann s/ Norris TOOP, a minor s/ Dennis TOOP, a minor - Carroll County s/ Lemuel N. TOOP, a minor - Carroll County s/ Singleton TOOP, a minor - Carroll County s/ Samuel TOOP, a minor d/ Mary TOOP, a minor d/ Amanda TOOP, a minor Land - House Lot in Liberty Guardian appointed was Samuel CARMACK; testimony was heard from Richard P. BUCKINGHAM. The widow requested her dower land be laid off. Trustee was Peter ENGEL with sureties as Jacob LANDIS and Abdon CARLILE. Sale was held on 28 Dec 1854; high bidder was Isaiah GREENWOOD at $162 Distribution of $162 - court costs, $79.07 - widow, in lieu of dower, $20 - Daniel & Peter ENGLE, judgement lien, $62.56 - G. W. POLE, part of claim, $.37 Filed 28 Jun 1855.
ES-3, 56-65b - EVITT, NICHOLLS, WERTENBAKER, HAMILTON, ETCHISON, BURGESS, KESSLER, BOTELER, SLAVES, PENN - May 1854
Peter NICHOLLS and wife vs Mary EVITT & Others Woodward EVITT d/ (Will 12 Aug 1830; 17 Oct 1830) widow - Mary (she appears to be a 2nd wife w/ no children by him in Aug 1830) d/ Mary w/o Peter NICHOLLS d/ Susannah** (now dec'd) w/o William WERTENBAKER .....William WERTENBAKER .....George W. E. WERTENBAKER - Out of State .....Woodward WERTENBAKER - Out of State .....Mary w/o Thomas ETCHISON .....Ann A. w/o Washington BURGESS - Baltimore City .....Catharine w/o Absalom P. KESSLER s/ George W. EVITT * (now dec'd) d/ Catharine w/o John HAMILTON s/ Joseph EVITT - Ohio SLAVES - negro girls, MARY (to be freed 13 Mar 1834) and ELIZA (to be freed 10 Nov 1845) (willed to wife) Land - House & Lot, on south side of Turnpike road and adjoined Baltimore & Ohio Rail Road Company (life estate to wife. - Brick House on Patrick St in Frederick (occupied by James WALLING), 1/2 lot divided idway between Patrick and Church Streets (to d/ Mary NICHOLS) - House & Lot on Patrick St in Frederick (from Philip PYFER), presently occupied by James WHITEHILL (to d/ Susannah WERTENBAKER) - Lands adjoining and east of Monocacy, (to s/ George W. EVITT) - Lands north of Planthston Branch (to d/ Catharine HAMILTON) (south side to d/ Mary NICHOLLS and Smith Shop on Church St, then occupied by David SPRINGLE) - Lands adjoining and east of Monocacy (to s/ George W. EVITT and d/ Catharine HAMILTON) - House on Patrick St in Frederick, then occupied by Stocton & Strokes as a stage office (in trust to s/ Joseph EVITT for his minor children) also rear portion of ground running back to Church St with brick house, then occupied by George W. SHARP as a printing office. Exec/ widow; Witnesses: John KUNKEL, Lewis BIRELY, Edward TRAIL and David STEINER The widow of Woodward, Mary EVITT, is willing the real estate be sold and proceeds to surviving heirs of Woodward. Mary and Woodward didn't have any children together. *George W. EVITT of Frederick Town (Will 22 Oct 1834; 10 Nov 1834) - Mary EVITT, wid/o Woodward EVITT (personal and real estate except as noted below) - Elizabeth PENN - Baltimore City, but was living in Virginia in 1854. (Lands lying on south side of Turnpike Road and adjoining the Baltimore and Ohio Rail Road, then occupied by Mary EVITT) Exec/ Mary EVITT; Witnesses: John WILLS, William WILLS, N. TURBUTT William WERTENBAKER filed for insolvency; his trustee was Michael H. HALLER. George W. E. WERTENBAKER filed for insolvency in 1847 in MD and his trustee was William WERTENBAKER. ** Petition filed 5 Oct 1854 by John E. BOTELER and Ann S. E. BOTELER, children of Elias BOTELER, dec'd s/o Susannah WERTENBAKER who claim a share of their grandmother's estate and were previously omitted. Trustee for sale was Seth H. NICHOLS with sureties as Peter NICHOLS and P. H. SINN. Sale was held on 5 Apr 1855 at the City Hotel in Frederick; high bidder was A. D. O'LEARY at $3,425. Distribution: court costs, $200 The balance to be invested by Seth H. NICHOLLS, trustee, for the use of Mary EVITT during her natural life. Filed 5 May 1855.
ES-3, 65b-76 - MAYBERRY, HOLLY, SCHLEIGH, MOBLEY, RUTTER, HALL, HOUCK, LITTLE, KAUFMAN, MILLER, SIM, HALLER - Dec 1854
Thomas HALLER vs Israel MAYBERRY & Others Thomas HALLER was surviving partner of D. SCHLEY and T. HALLER and a creditor of Albert G. MAYBERRY. Albert G. MAYBERRY d/ 6 May 1854 intestate, no issue bro/ Israel MAYBERRY - Virginia sis/ Rebecca MAYBERRY sis/ Elizabeth HOLLY sis/ Mary A. SCHLEIGH bro/ Justinian MAYBERRY sis/ Sophia (Mayberry) w/o Ely MOBLEY - Washington Co, MD sis/ Henrietta RUTTER, dec'd .....Alfred RUTTER - Philadelphia .....Mary A. R. (Rutter) w/o John HALL - Baltimore city .....Ellen RUTTER - Baltimore city .....John RUTTER, a minor - Baltimore city .....Laura V. RUTTER, a minor Land - 2-Story brick House & Lot on west side of Market St in Frederick Town near the bridge over Carroll Creek; from Jacob LITTLE by agreement Jan 1854 (previously to Little from Warner KAUFFMAN and wife). Administrator was Michael BROMETT; guardian was William G. COLE. Justinian MAYBERRY filed for Insolvency and Henry HOUCK was appointed his trustee. Jacob LITTLE d/ Jul 1854 (Will) d/ Harriet A. w/o Warner KAUFMAN - Baltimore city d/ Christiana w/o George MILLER d/ Mary A. C. LITTLE d/ Comfort M. LITTLE Execs/ Warner KAUFFMAN of Baltimore city and George D. MILLER. Testimony was heard from Mary A. SCHLEIGH and George D. MILLER. Trustee for sale was Michael BROMETT; sale was held on 15 Mar 1855 at City Hotel in Frederick Town; high bidder was John T. SIM at $2,425. Distribution: court costs $221.03 - George D. MILLER & Warner KAUFMAN, exec/of Jacob LITTLE, $1,066.16 - George HOSKINS, tax collector, $28.44 leaving $1109.37 for heirs: - Israel MAYBERRY, 1/7 or $158.48 - Elizabeth HOLLY, 1/7 or $158.48 - Mary A. SCHLEIGH, 1/7 or $158.48 - Rebecca MAYBERRY, 1/7 or $158.48 - Sophia MOBLEY, 1/7 or $158.48 - Henry HOUCK, trustee for Justianian MAYBERRY, 1/7 or $158.48 - children of Henrietta RUTTER, each rec'd 1/5 of 1/7, $31.69 Filed 4 Jun 1855.
ES-3, 76-87 - HAMBURG, LIDY, IZER, ISER, ROYER, STONER - May 1853
Abraham STONER vs Margaret HAMBURG & Others Abraham STONER of Waysborough, Franklin Co, PA, made a Contract of sale to Conradt HUMBURG in Feb 1841, but it hasn't been fully paid. Land was then occupied by James MANAHAN and David MANAHAN. Land - part "Fox Range", 70 acres, in Harbaughs Valley, one and a half miles north of Sabillisville, adjoining lands of David FELSON, George HARBAUGH; to Abraham STONER from James RAYMOND, trustee of estate of Col. George FLAUTT, Conradt HAMBURG d/ c1851 intestate and insolvent widow - Margaret s/ Jacob HAMBURG - Out of State s/ David HAMBURG - Out of State s/ Henry HAMBURG - Out of State d/ Henrietta HAMBURG w/o John LIDY d/ Elizabeth HAMBURG d/ Sidney HAMBURG w/o Luther IZER d/ Barbara HAMBURG d/ Jane HAMBURG d/ Caroline HAMBURG w/o Henry ISER s/ Abraham HAMBURG, a minor d/ Susanna HAMBURG, a minor Testimony was heard from David FELSON; trustee was Grayson EICHELBERGER. On 10 Feb 1855, sale was held in Sabillisville; high bidder was Samuel ROYER at $472.50 Distribution: court costs, $110.70 - Abraham STONER, received balance, $360.80. Filed 21 Apr 1855.
ES-3, 87-104 - DEVILBISS, GREENWOOD, WARFIELD, INGLES, PARISH, DORSEY, LEE, ENGLES, MAYNARD
John GREENWOOD & Others vs Sarah DEVILBISS & Others - Dec 1854 Levi DEVILBISS of Liberty d/ summer 1852, intestate widow - Sarah d/ Ann M. w/o John GREENWOOD s/ John Lewis DEVILBISS s/ George W. DEVILBISS s/ Jesse L. DEVILBISS d/ Sarah E. DEVILBISS d/ Hannah DEVILBISS, a minor d/ Margaret A. DEVILBISS, a minor LAND - Lot #1: part "Warfields Inheritance", 5 acres, parts in Frederick and Carroll counties. Improved with merchant mill, saw mill and clover mill and 2-story dwelling & kitchen and log stable. To Levi DEVILBISS and Thomas DEVILBISS from Joshua WARFIELD and Jesse L. WARFIELD, execs/of Alexander WARFIELD in 1835; and from Thomas DEVILBISS and w/ Mary A. for undivided 1/2 part. - Lot #2: parts "Warfields Inheritance" (same conveyance as above) and "Pork Hall", 43 acres, in Carroll County; lies next to land of David ENGLES. To Levi DEVILBISS from Thomas INGLES and w/ Margaret in 1839. - Lot #3: part "Warfields Inheritance", 3 acres, (same conveyance as Lot #1), parts in Frederick and Carroll counties. Improved with a 2-story dwelling & kitchen, stable, smoke house and corn crib. - Lot #4: parts "Caledonia" and "Edenburg", 13 acres, in Carroll County; has chestnut timber; on public road from Westminster to Washington City and adjoins lands of Grove SHIPLEY. From Daniel ENGEL, trustee for Thomas INGLES, in 1850. - Lot #5: part "Windsor Forrest Corrected", 47+ acres, in Carroll County; bounded by new road leading from Baltimore to Liberty, "Eppington Forest" and by old road leading from Liberty to Baltimore. Surveyed for George W. DEVILBISS and John GREENWOOD, admins/of Levi DEVILBISS. - Lot #6: part "Windsor Forrest Corrected", 19+ acres, in Carroll County. - Lot #7: parts "Grey Hound Forrest" and "Benjamins Claim", 13 acres, in Carroll County; lies next to land of Joseph ROOP, Lewis SHUEY and Mr CRISWELL.. From William ECKER and Jacob ECKER, execs/of John ECKER in 1838. - Lot #8: parts "Legh Castle", "Jones Inheritance", "Moores Contentment", "Mountain Stage", 54+ acres, in Carroll County, lies one mile east of Mount Vernon on the old Liberty Road; next to lands of Tobias MOORE and Jacob SNADER. Improved with a log stable and is well watered. From Jacob SNADER and w/ Maria in 1833, - Lot #9: parts "Warfields Inheritance", "Legh Castle", "Fathers Gift" and "Difficulty", 81+ acres; lies on Roop Road and adjoins land of Jacob NUSBAUM and near the Paradise School House; adjoins lands of John R. MILLS, Abraham NUSBAUM and Boston HAMMOND. From Aaron E. COVER and w/ Mary. - Lot #10: part "Legh Castle", 11 acres, in Carroll County; timber land lying on Buffalo Road where Roop Road crosses. Improved with 1-story dwelling. From Charles A. WARFIELD of A. - Lot #11: parts "Brothers Inheritance", "Mulberry Bottom", "Brothers Generosity", "Pork Hall", 1/4 acre, lies in village of Mount Vernon in Carroll County; next to lands of David W. NAILL and John CROOKS. Improved with a 2-story dwelling, shop and log stable. To John INGLES from Beale OWINGS of Christopher. - Lot #12: parts "Caspars Loss", "Howards Discovery", "Resurvey on Leonard Range", "Resurvey on Pork Hall", "Resurvey on Mattingsley", 120+ acres; Devised to Levi DEVILBISS from Will of Caspar DEVILBISS; and "Resurvey on the Deeps" conveyed by Rachel HYDE in 1837. - Lot #13: parts "Caspars Loss", "Quilting Frolic", 43+ acres; next to lands of Frederick ECKER and Jacob LANDIS and tract "Margarets Fancy". Guardian was William G. COLE. Testimony was heard from David W. NAILL. Trustees were John GREENWOOD and George W. DEVILBISS; with sureties as D. W. NAILL and Levi Z. BARNES. SALE was held 1 Mar 1855 at the Mill of Levi DEVILBISS on Sam's Creek; high bidders were: - Jesse L. DEVILBISS for Lots 1 & 2 at $3,300 - Jesse L. DEVILBISS for Lot 3 at $1,615 - Moses PARISH for Lot 4 at $26.75/acre - David A. DORSEY for Lot 5 at $22/acre - Joshua LEE Jr for Lot 6 at $17.50/acre - Peter ENGEL for Lot 8 at $44.12/acre - Jesse L. DEVILIBISS for Lot 9 at $18/acre - Dennis H. MAYNARD for Lot 10 at $25.75/acre - Hanson T. ENGELS for Lot 11 at $194 Total sales, $11,157.12. Distribution of $11,157.12; court costs $550.87; - Levi DEVILBISS' children, each 1/7, $1,515.17 Filed 28 Jun 1855. (Also see ES-3, 580)
ES-3, 104-116 - BUCKEY, KEMP, GUYTON, WELLING, DUVALL, HESTER, CUNNINGHAM, BAKER, DELASHMUTT, BAER, McGILL, SIMMONS
Daniel BUCKEY & Others vs Ann Rebecca BUCKEY & Others - Nov 1850 Estate of George BUCKEY; Trustee was Lewis KEMP - Supplemental of HS-8, 321 Private Sale was made to: - Abraham GUYTON for "New Bremen", 25 acres, at $275 in Jun 1843 - Levin WELLING for a Lot at $50 in Aug 1848 Public sale was held 29 Jun 1850 in Buckeystown; high bidder was: - Grafton DUVALL for House & Lot at $195 Distribution of $731; court costs, $100.73; - Lewis G. KEMP & wife, 1/3 or $210.09 - Daniel BUCKEY, exec, 1/3 or $210.09 - George H. BUCKEY, 1/6 or $105.04 - David BUCKEY, 1/6 or $105.04 SALE held 14 Mar 1853 in Buckeystown; high bidders were: - Albert HESTER for double brick house and lot in Buckeys Town at $505; but he has refused to give bonds for payments - Benjamin A. CUNNINGHAM, Grafton DUVALL, Daniel BAKER and Arthur DELASHMUTT for stone tavern house and 2-acre lot at $625 - Benjamin Amos CUNNINGHAM and Grafton DUVALL, trading as Cunningham & Duvall, for 5-acre Lot adjoining store of Mr DUVALL at $639.37 It seems the house that Albert HESTER had bought at the sale afterwards caught fire; the house, kitchen and meat house were all destroyed without him ever taking possession of it. The court ruled that the property would be resold. SALE held 27 May 1854; high bidder was: - George BAER at $346 George H. BUCKEY and David B. BUCKEY are sons of David BUCKEY, dec'd. David D. BUCKEY conveyed his interest to George H. BUCKEY on 20 May 1853; land record of Baltimore County. George then conveyed this to George T. McGILL for monies due on mortgage of tavern house. Simon C. SIMMONS is assignee of George T. McGILL. Daniel KEMP, the previous trustee, is now deceased. Lewis KEMP died Dec 1854; administrator of his Estate was Lewis George KEMP. Jacob BUCKEY was admin/of Estate of Daniel BUCKEY. New trustee for Estate of George BUCKEY was Samuel TYLER, esquire. Distribution on Estate of George BUCKEY: Amount $1,379.70; court costs $130; - Lewis G. KEMP, ex/of Lewis KEMP, 1/3 or $416.56 - Jacob M. BUCKEY, 1/3 or $416.56 - S. C. SIMMONS, assignee, 1/3 or $416.56 Filed 8 May 1855. (Also see HS-8, 321)
ES-3, 116-117 - MAUGHT, RHODES, STREAM, HEINES, WHIP, AHALT - May 1855
Estate of William MAUGHT by trustee, Samuel MAUGHT Supplemental of ES-2, 618 Distribution of $1,325; court costs, $521.17; - Samuel MAUGHT on claim, $5.93 - George HOSKINS, tax collector, $19.94 - Daniel MAUGHT, brother, 1/5 or $155.59 - Samuel MAUGHT, brother, 1/5 or $155.59 - Henry MAUGHT, brother, 1/5 or $155.59 - children of Catharine RHODES, dec'd sister (1/3 of 1/5 or $51.86 each) ...Catharine STREAM ...Henry G. RHODES ...Barbara E. HEINES - children of John MAUGHT, dec'd brother ( 1/8 of 1/5 or $19.44 each) ...Thomas J. MAUGHT ...Conradt W. MAUGHT ...Andrew C. H. MAUGHT ...Barbara A. WHIP ...Catharine A. AHALT ...Jacob E. MAUGHT ...Eliza A. MAUGHT ...Juliana MAUGHT Filed 10 Aug 1855
ES-3, 117-120 - BAUGHER, COPPERSMITH, EICHELBERGER, EYLER, WETSEL - Jan 1851
Grayson EICHELBERGER & Others vs Virginia BAUGHER & Others Supplemental of WBT-3, 514 Estate of Isaac BAUGHER and James W. BAUGHER Trustees, Lewis F. COPPERSMITH and Grayson EICHELBERGER, sold the Araby farm to Oscar BAUGHER at the 3rd public sale in Jan 1831 for $16,250. Distribution: court costs, $63.17; - Louisa COPPERSMITH, 1/11 or $1,471.53 - Amanda EICHELBERGER, 1/11 or $1,471.53 - James W. BAUGHER, 1/11 or $1,471.53 - Oscar BAUGHER, 1/11 or $1,471.53 - Edmond H. BAUGHER, 1/11 or $1,471.53 - Virginia B. BAUGHER, 1/11 or $1,471.53 - Charles H. BAUGHER, 1/11 or $1,471.53 - John F. BAUGHER, 1/11 or $1,471.53 - Anna E. BAUGHER, 1/11 or $1,471.53 - Isaac A. BAUGHER, 1/11 or $1,471.53 - Emma C. BAUGHER, 1/11 or $1,471.53 The trustees then sold the undivided half of the 'Pool farm', 222 acres, to Perry EYLER at $2,112.74. They also sold at private sale a mountain tract of 22+ acres to Josiah WETSEL at $80. Total sales, $2,192.74. Distribution: court costs, $29.37; - 1/11 or $196.67 each to the individuals named above in the other distribution. Filed 18 May 1855.
ES-3, 121-133 - COST, MULLENDORE, COLEMAN, BISER, WHIP, COOPER, RHORER, EASTON, HUFFER, TOBEY, HOUSE, SLAVE, MAHONEY, GROVE, WENNER, AUSHERMAN - Feb 1854
Margaret BISER & Others vs John MULLENDORE & Others George COST Sr wrote his Will on 24 Aug 1818 w/ Mary Elizabeth s/ George COST Jr (home plantation, "Costs Content", 226 acres, except for 50 acres to wife and 93 acres to daughter Catharine MULLENDORE) d/ Catharine MULLENDORE d/ Elizabeth COLEMAN (tract "Resurvey on Stickers Timberland Enlarged", 66 acres, devised to her and her brother George) d/ Margaret w/o Jacob BISER (tract listed below) d/ Uly MULLENDORE d/ Mary w/o George WHIP (negro slave, CHARITY) Execs/ Jacob BISER and Geoge WHIP Witnesses: Patrick MACGILL, Presley WARFIELD, Jacob MARTIN Land - "High Up", 58+ acres, a mountain tract (to daughters Catharine and Margaret) Margaret sold her undivided share to John AUSHERMAN in 1850. Catharine (Cost) MULLENDORE died without issue, but leaving bro/ George COST Jr, dec'd .......Elizabeth (Cost) w/o James C. COOPER sis/ Margaret BISER sis/ ULY dec'd w/o John MULLENDORE - Washington Co, MD .......Daniel MULLENDORE - Washington Co, MD .......Jacob MULLENDORE (later died) - Washington Co, MD ---------______ (Mullendore) dec'd w/o Jeremiah RHORER - Washington Co, MD ---------.........Mahala RHORER - Washington Co, MD ---------Malinda MULLENDORE - Washington Co, MD ---------John MULLENDORE - Washington Co, MD ---------Jacob MULLENDORE - Washington Co, MD ---------Daniel MULLENDORE - Washington Co, MD ---------Joseph MULLENDORE, a minor - Washington Co, MD ---------Julia Ann MULLENDORE, a minor - Washington Co, MD ---------Sarah MULLENDORE, a minor - Washington Co, MD .......Mary (Mullendore) w/o William EASTON - Washington Co, MD .......Catharine (Mullendore) w/o Joseph L. HUFFER sis/ Mary w/o George WHIP, both dec'd .......Emanuel WHIP - Out of State .......Jacob WHIP - Out of State .......George T. WHIP and w/ Mary A. B. .......Julia A. (Whip) w/o Jonathan TOBEY sis/ Elizabeth w/o Jacob COLEMAN, both dec'd .......George COLEMAN - Virginia .......Joseph COLEMAN - Ohio .......David COLEMAN - Ohio .......Mary (Coleman) HOUSE - Ohio Guardian was William MAHONEY; testimony was heard from Manassas J. GROVE. Trustee was John A. LYNCH with sureties as Henry BOTELER and George BECKENBAUGH. Sale was held at the store of M. J. GROVE in Burkittsville on 16 Apr 1855; the 1/2 interest in the 58 acres was sold to Michael WENNER at $1,170. Distribution: court costs, $136.35; - Margaret BISER, 1/5 or $216.73 - Elizabeth COOPER, 1/5 (father's share) or $216.73 - Elizabeth COLEMAN heirs, 1/5 or $216.73 - Mary WHIP heirs, 1/5 or $216.73 - Uly MULLENDORE heirs - ...John MULLENDORE Sr, curtesy share, $22.97 ...Daniel MULLENDORE, $45.94 ...Mary EASTON, $45.94 ...Catharine HOFFER, $45.94 ...Jacob MULLENDORE heirs - .......Malinda MULLENDORE, $7.65 .......John MULLENDORE, $7.65 .......Jacob MULLENDORE, $7.65 .......Daniel MULLENDORE, $7.65 .......Julia A. MULLENDORE, $7.65 .......Sarah MULLENDORE, $7.65 .......(son Joseph MULLENDORE and granddaughter Mahala RHORER were not listed in distribution) Filed 4 Jun 1855.
ES-3, 133-143 - TROXELL, HINCH, SHOWERS, HINKLE, CARLINGER/HASLINGER, MARKS, WENTZ, SMITH, MOTTER - Jan 1854
Sophia TROXELL vs Joshua MOTTER & Others - Sale of Real Estate In 1831 Jacob TROXELL conveyed to Joshua MOTTER a Deed in Trust for the use of John TROXELL, his widow and children, if any. If there were no children of John upon his death, then the property should be sold and 1/3 for the benefit of the widow and the remaining 2/3 should be divided in equal portions to: - Jacob TROXELL (w/ Catharine) - Magdalena HINCH - Elizabeth SHOWERS - Barbara HINKLE - Mary CARLINGER/HASLINGER - Margaret MARKS - Catharine WENTZ Land - "Harris' Delight", 115 acres, 1 mile south of Emmitsburg; Land adjoins Peter TROXELL on the north, Ignatius BRENONER(?) on the west, Felix B. TANEY on the south, and heirs of Peter TROXELL on the east and northeast; and is presently occupied by tenant George HECKMAN. John TROXELL* d/ Nov 1853 widow - Sophia s/ Zephaniah L. TROXELL, a minor (age 12 in Jun 1854) d/ Ann Eliza TROXELL, a minor (age 11 in Jun 1854) s/ John Francis TROXELL, a minor (age 9 in Jun 1854) s/ Oscar Isaiah TROXELL, a minor (age 7 in Jun 1854) Sophia, the widow, petitioned for the sale of the real estate. Guardian was Eli SMITH; testifying was Joshua MOTTER; trustee was Grayson EICHELBERGER. Public sale was held at the hotel of H. A. Hager in Emmitsburg on 31 Mar 1855, high bidder was John TROXELL at $1,811.25. Distribution: court costs $243.97; - to trustee for the widow Sophia, 1/3 or $522.42 - children of John TROXELL each rec'd $261.21 Filed 19 May 1855. Note - Other equity court records to see: JS-13, 27; GME-7, 292; GME-9, 97; GME-10, 131; GME-11, 110; and Inventory GME-5, 176.
ES-3, 143-151 - WATSON, FOX, KIZER, HAMILTON, BANKS - Jun 1854
Fredericktown Savings Institution vs Mary WATSON, adm/of William WATSON, dec'd William WATSON d/ Aug 1851 intestate w/ Mary sis/ Martha WATSON sis/ Elizabeth FOX sis/ Jane Ann w/o John KIZER bro/ Isaac WATSON bro/ Conrad WATSON, dec'd (location unknown) .....John WATSON - Out of State .....William WATSON - Out of State .....Susan WATSON - Out of State bro/ Daniel WATSON (location unknown) bro/ Ephraim WATSON (location unknown) sis/ Mary HAMILTON, dec'd .....Catharine HAMILTON - Out of State .....Susan HAMILTON, a minor - Out of State sis/ Harriet BANKS, dec'd .....Elizabeth BANKS - Out of State .....Thomas BANKS, a minor - Out of State .....Isaac BANKS, a minor - Out of State ....._____ BANKS, a minor - Out of State Land - "Sharps Conclusion", 1 acre lot and house, from Elizabeth SHOUP in 1847; next to land of Peter BUZZARD and on road from Frederick Town to High Nob. Trustee was Ezra DOUB; sale was held at Davis Hotel in Frederick on 3 Feb 1855, high bidder was Mary WATSON at $311. Distribution: court costs $109.14; - creditors, $173.53 - William WATSON's siblings each received 1/9 or $3.14 Filed 22 May 1855.
ES-3, 151-166 - HOLLENBERGER, BECKENBAUGH, SCHLOSSER, NEWCOMER, ISNAGLE - Oct 1854
W. S. HOLLENBERGER vs Elizabeth HOLLENBERGER & Others William HOLLENBERGER d/ (Will written 25 Sep 1848) w/ Elizabeth s/ Washington S. HOLLENBERGER d/ Catharine L. HOLLENBERGER s/ John HOLLENBERGER and w/ Priscilla s/ David HOLLENBERGER and w/ Elizabeth s/ James S. HOLLENBERGER and w/ Mahala s/ William H. HOLLENBERGER and w/ Elmira d/ Lydia A. HOLLENBERGER s/ Samuel S. HOLLENBERGER d/ Mary HOLLENBERGER, a minor s/ George HOLLENBERGER, a minor s/ Joshua HOLLENBERGER, a minor d/ Lorretta HOLLENBERGER, a minor (Names of children not provided in Will.) Exec/ George SCHLOSSER, esquire Witnesses: David MYERS, William H. OTT, John DEVILBISS Land - "Ripshin", 109 acres, to Elizabeth HOLLENBERGER by George BECKENBAUGH and w/ Martha V., George BECKENBAUGH, Elijah M. BARTHOLOW (of Baltimore county) and Tideman HULL, exec/of Valentine SHRYOCK, dec'd, in 1850; was previously sold at private sale to William HOLLENBERGER, but he died before the conveyance was made. (Previously land from John HILL and wife to Adam SNOOK of A. in Mar 1843 and then to George BECKENBAUGH and Valentine SHRYOCK in May 1843. The farm was located along the Monocacy, adjoining lands of John DEVILBISS, George SCHLOSSER and was about two miles east of road leading from Frederick to Creagerstown (9 miles from Frederick and 4 miles from Creagerstown), 10 acres in timber, has 1 1/2 story log house, bank barn, new corn crib, large stone blacksmith shop, fine young orchard and never-failing spring near the house. Trustee for the sale was John HOLLENBERGER with sureties as John NEWCOMER and Michael NEWCOMER of Washington County. Sale was held 11 Apr 1855 at STIMMELL's Hotel in Woodsboro, high bidder was Michael ISNAGLE at $1,400. Distribution: court costs $197.49; - claims against estate, $443.76 - John HOLLENBERGER, in trust to be invested for the widow during her natural life, $753.75 Filed 29 May 1855.
ES-3, 166-176 - CREAGER, WELLER, DAVIDSON - Oct 1854
John T. CREAGER & Others by their next friend, Frederick WELLER Levi CREAGER d/ intestate widow - _______ (WELLER), now dec'd s/ John T. CREAGER, a minor d/ Sarah CREAGER, a minor s/ Joseph CREAGER, a minor s/ Charles CREAGER, a minor d/ Josephine CREAGER, a minor d/ Martha CREAGER, a minor Land - "Breeches Pocket" and "Resurvey on Johns Delight", 13 acres, from Manasses CREEGER and Zeba CREAGER of Twin Twp, Darke Co, Ohio in 1850 (their undivided share of Jacob CREAGER's estate); adjoins lot of Jacob STULL and land of Leonard PICKING. The undivided shares of John WELLER and w/ Deborah and James CREAGER were conveyed to Levi in Oct 1850 (but not recorded until Oct 1854). In 1846 Jacob CREAGER (w/ Catharine) conveyed the same tracts to Levi CREAGER although it wasn't recorded until 1854. Guardian had been Frederick WELLER who was the brother of Levi CREAGER's deceased wife. Guardian appointed by the court was John NEED; Frederick WELLER was trustee for the sale with sureties as Elias WELLER and Uriah WELLER. Sale was made to Joseph D. DAVIDSON at $532. Distribution: court costs, $126.39 - each of Levi's children received 1/6, $67.60. Filed 21 Apr 1855.
ES-3, 176-179 - MILLER, DUTROW, KOONTZ, LAUGHTERBAUGH, EILER
Estate of William MILLER - Supplemental - Oct 1854 Trustee, John W. MILLER, has since sold, at private sale to: - John EILER, part of tract "Millers Fancy", 9 acres, at $62/acre - Thomas A. MILLER, Lot #2 of same tract, 149 acres, at $28/acre Total sales, $4,784.25. 2nd Distribution: court costs, $192.34 - Mary Ann MILLER, widow, in lieu of dower, 1/10 or $459.19 - John W. MILLER, 1/6 or $688.78 - William MILLER, 1/6 or $688.78 - Thomas A. MILLER, 1/6 or $688.78 - Mary A. DUTROW, 1/6 or $688.78 - Thomas A. MILLER, as trustee for Zachariah MILLER, 1/6 or $688.78 - Catharine KOONTZ's children, 1/4 of 1/6 or $172.19 each .....Thomas F. KOONTZ .....Clementine M. LAUGHTERBAUGH .....William W. KOONTZ .....Frederick F. KOONTZ Filed 22 May 1855. (3rd Distribution at ES-3, 517) (Also see ES-2, 546-573)
ES-3, 179-200 - BAUGHER, COPPERSMITH, EICHELBERGER, SHEETS, CLUTZ, SMITH, WILE - Dec 1855
James BAUGHER & Others - Petition to Sell Real Estate Isaac BAUGHER of Emmitsburg d/ 1 Apr 1848 (Will written 16 Dec 1845) widow - Ann E. (everything to wife and, upon her death, divided among children) s/ James W. BAUGHER - Baltimore city d/ Maria Louisa w/o Lewis F. COPPERSMITH d/ Amanda w/o Grayson EICHELBERGER s/ Oscar BAUGHER and w/ Ruth Elizabeth M. s/ Edmund H. BAUGHER s/ Charles H. BAUGHER s/ John F. BAUGHER d/ Virginia BAUGHER (d/ fall of 1851) w/o Levi D. SHEETS ....James Addison SHEETS, a minor s/ Isaac Albert BAUGHER, a minor d/ Ann Elizabeth BAUGHER, a minor d/ Emma Catharine BAUGHER, a minor Land - House and Lot in Emmitsburg on "Silver's Fancy", 3 acres, where Isaac then lived, from Jacob TRENKLE (w/ Sarah) in 1821. - Lots #42, 43, 44, 45, 46 in Emmitsburg, fronting road to Frederick Town, from Jacob TROXELL, exec/of John TROXELL, dec'd, in 1832; lies south of tavern stand (then occupied by Mrs. Agnew); barn and stable lie in #46 (#30 on town plat). - House & Lots #154, 155, 156, 157 & 158, 2 acres, on Church St, north side of Emmitsburg from sheriff's sale in 1825, was property of John TRUX/TRUCKS; lies east of road from Emmitsburg to Gettysburg. - Lot, 2+ acres, (adjoins previous lot) from Jacob FAUBLE - Mountain lot adjoining lands of Robert CROOKS, (previously belonged to Isaac's father-in-law). - House and Lot #29 in Emmitsburg (was partnership of George SMITH and Frederick OTT); from Frederick OTT, and Lewis MOTTER as exec/of George SMITH Estate in 1818; located on corner lot adjoining the square. Virginia BAUGHER married after her father's death. Oscar BAUGHER and wife conveyed their interest to James W. BAUGHER. Guardian was Eli CLUTZ of Emmitsburg; testimony from Eli SMITH. Trustees were James W. BAUGHER, Lewis F. COPPERSMITH and Grayson EICHELBERGER; however, Baugher and Coppersmith declined. Sales were made to: - Daniel WILE for Lots #42-46 at $500 (private sale) Distribution: Court costs, $132.95 - Balance to the trustee in trust for the widow. Sales to: - Eli CLUTZ for lots on suburbs of Emmitsburg at $460 Distribution: Court costs, $41.72 - Balance to trustee in trust for the widow. Filed 17 Jul 1855.
ES-3, 200-227 - EICHELBERGER, SEABROOKS, ROUZER, DORSEY
Michael F. EICHELBERGER & Others vs Elizabeth EICHELBERGER & Others - Oct 1854 Joseph EICHELBERGER d/ Apr 1854 intestate widow - Elizabeth (age 50-60) and children, d/ Harriet A. EICHELBERGER (d/ betw Oct 1854, intestate, no issue) d/ Mary M. w/o John SEABROOKS s/ Michael F. EICHELBERGER d/ Virginia EICHELBERGER d/ Susan M. EICHELBERGER, a minor s/ Martin J. EICHELBERGER, a minor s/ Grayson M. EICHELBERGER, a minor s/ Marion E. EICHELBERGER, a minor LAND - "Resurvey on Middle Choice" and "Resurvey on True Friendship", 105 acres; from Martin EICHELBERGER and w/ Maria of Jefferson Co, VA (WV) in 1854 (to Martin from John DEVILBISS in 1832); next to lands of Daniel SPRATZMAN (to him from Lawrence CREAGER) and Jacob SPRATZMAN. - "The Mistake is Rectified", "Rushers Purchase" and "Choice", 421 acres; to Martin & Joseph EICHELBERGER from Frederick EICHELBERGER; land lies on Owings Creek. - Half part of mountain land near Mechanics Town, 119 acres, by Frederick EICHELBERGER - 81 acres, to Frederick EICHELBERGER from Daniel WELLER Total quantity is 200 acres from John P. ZIMMERMAN, an exec/of Frederick EICHELBERGER to Martin EICHELBERGER (w/ Maria) in Aug 1843. (Frederick EICHELBERGER was the father of Joseph and Martin.) Also - from George BECKENBAUGH and w/ Martha V. in 1848. - Lots #1, 2, 3 & 4 in Creagerstown (previously to Beckenbaugh by John B. STIMMEL & wife in 1842) - Lots of 14 acres in Creagerstown on SE corner of Samuel & Mathias KOLB's lots; on the "Big Road" to Eichelberger's Mill where it intersects with land of William COOKERLY and Mrs. GRINDER and William A. HART, then to Water Street (in 1840, conveyed to John WICKHAM by Elias A. GROSLING). - 28 acres; near David HULL's land (to Hull from David WAGNER & John R. CURTIS, execs/of John WAGNER in 1840) - 5 acres; by Hull's deed and on NW side of road from Creagerstown to Eichelberger's Mill (previously to John WICKHAM by William COOKERLY in 1837; and to George BECKENBAUGH by George RICE, Sheriff, in 1844). - "The Friendship", 29 acres, from George HESSER and w/ Amy in 1852; next to "Exchange" and Great Road from Creagerstown to Eichelberger's Mill. (Previously to Hesser from John B. STIMMEL in 1849). Guardian for the sale was Lewis F. COPPERSMITH who also testified. A commission: Michael ZIMMERMAN, John W. MILLER, Elias KRISE, Goerge W. BARRICK and Michael L. BECKENBAUGH, was appointed and with the surveyer, Singleton H. O'NEAL, decided the lands and mill could not be divided equally amongst the heirs. The widow's dower was laid off for 200 acres from the home site of "The Mistake is Rectified" and "Rushers Purchase" and "True Friendship". Other parts of mountain land was also laid off, 6 acres, 25 acres, 12 acres. Plat of home farm shows Owings Creek S'ing its way across the public road and going into the Monocacy River. The older children refused to take the real estate at valuation and placing it into sale. Trustee was Michael F. EICHELBERGER. Sale was held 29 Mar 1855 at the hotel of Charles STEVENS in Creagerstown: - no bid for home property - to John ROUZER for mountain tract, 139 acres, at $1,255.50 - to Michael DORSEY for mountain tract, 40 acres, at $1,304 On 8 May 1855, Martin EICHELBERGER testified the widow was 55 years old and in very delicate health, having had one or more attacks of paralysis. Distribution of $2,559.50; court costs, $435.37; - widow, in lieu of dower, 1/9 or $236.01 - each 1/7 to surviving children, $269.73. Filed 30 May 1855. Also see ES-4, 71
ES-3, 227-241 - FISCHER, ZANTZMYER, BEVAN, CAULIFLOWER, SHIPMAN, GOMBER, NEALL, STEINER
Joseph BEVAN & Others vs John A. STEINER & Others - Jun 1854 William FISCHER of Washington, DC d/ Feb 1852 widow - Harriet of Washington, DC d/ Harriet Ann (FISCHER), now w/o William C. ZANTZMYER - Washington, DC mother/ Elizabeth FISCHER sis/ Sarah w/o Joseph BEVAN sis/ Ann Eliza w/o William F. CAULIFLOWER sis/ Miranda SHIPMAN sis/ Margaret w/o Ezra GOMBER nephew/ George NEALL Execs/ wife and brother, George J. FISCHER [Will written 25 Mar 1846] Land - Lot #275 w/ two-Story brick house in Frederick Town and vacant lot on adjoining west side (to his mother during her lifetime); lies on north side of East Patrick St. In 1847, William sold the lot to John A. STEINER (w/ Mary Ann) of Frederick City; however, in Nov 1851, he purchased the lot back from Steiner and paid part of the money before he died. Since then, the executors have paid the balance, but a deed has not yet been conveyed. The Will of William FISCHER provided the said lot rentals be for the support of his mother during her lifetime and, upon her death, to be divided evenly amongst his four sisters. Petition by William's wife for claim to the property as his widow for her and her daughter and has refused to give any of the monies to the widow. Other Land - to George J. FISCHER & Robert S. PATTERSON (w/ Harriet) in trust for grandson William Fischer ZANTZINGER during his minority; and upon his death or reaching adulthood, for the benefit his his daughter Harriet Ann, w/o William C. ZANTZINGER during her lifetime and then to her heirs: - 3-story brick house on Patrick St in Frederick Town - 3-story brick house on Bridge St in George Town, DC (Lots #22 in Sq 491 and #2 in Sq 223; Lots #16 & 17 in Sq 216; Lot #7 in Sq 405; Lot #2 in Sq 59) Other land - Several lots in DC, one on C St, to wife. Distribution of rents received since death of William FISCHER for Lot #275, $383.56: - court costs and expenses for maintenance, $110.47 - to Elizabeth FISCHER as life tenant, $273.09 Filed 12 Jan 1855.
ES-3, 241-247 - HARBAUGH, LIVERS, BARKDOLL, HAUVER, WELTY, JOHNSON, SHRIVER, COON, CRAWFORD, GALL, BROWN
George HARBAUGH Jr. vs David HARBAUGH & Others - Jun 1854 George HARBAUGH d/ 5 Feb 1854 intestate s/ David HARBAUGH - Kentucky s/ Leonard HARBAUGH - Ohio s/ John HARBAUGH - Illinois d/ Elizabeth HARBAUGH w/o David LIVERS - Illinois s/ Henry HARBAUGH - Pennsylvania d/ Margaret BARKDOLL - Pennsylvania d/ Nancy HARBAUGH w/o Jacob HAUVER - Pennsylvania d/ Catharine HARBAUGH w/o Abraham WELTY - Pennsylvania d/ Susan HARBAUGH w/o William JOHNSON - Pennsylvania s/ George HARBAUGH - Pennsylvania LAND - (previously to George from his brother, Henry HARBAUGH) ---------- Henry HARBAUGH of Harbaugh's Valley, Frederick Co, MD bro/ Elias HARBAUGH (exec) ......Jacob HARBAUGH (exec) ......Leonard HARBAUGH (exec) bro/ Yost HARBAUGH ......Daniel HARBAUGH and his sisters bro/ Jacob HARBAUGH - to his children bro/ John HARBAUGH - to his children nephew - Henry SHRIVER and his sisters LAND to brother Elias HARBAUGH - "Sugar Tree Valley", timberland of 125 acres (Willed to Henry by his father) - 417 acres, in Adams Co, PA; from Peter KELLENBERGER & wife in 1824. - "Fox Range", 51 acres of mountain land, adjoining land of his brother in Frederick County, MD. - "Peace is Best", mansion farm (Willed to him by his father) - "Jacobs Last Chance", mountain lot of 217 acres (Willed to him by his father) - "No More", mountain lot of 30 acres (Willed to him by his father) - "Fox Range", mountain lot of 75 acres, from ELLICOTTS and Samuel GODFREY Witnesses: Jacob WILLIARD, Joseph WISE and G. M. EICHELBERGER [Will written 1 Sep 1843] Trustees for sale of George HARBAUGH Sr was George HARBAUGH Jr and John W. COON. SALE was held on 19 Mar 1855 near Yost HARBAUGH's on South Mountain; high bidders were: - Yost HARBAUGH for Lot #1, 7 acres, at $338.98 - Lewis CRAWFORD for Lot #2, 17 acres, at $754.72 - John GALL for Lot #3, 15 acres, at $701.01 - Joseph B. BROWN for Lot #4, 11 acres, at $416.20 Total Sales, $2,210.91. Distribution: court costs, $174.81 - 1/10 or $203.61 each to George HARBAUGH's children ...David HARBAUGH ...Leonard HARBAUGH ...John HARBAUGH ...Elizabeth LIVERS ...Henry HARBAUGH ...Margaret BARKDOLL ...Nancy HAUVER ...Catharine WELTY ...Susan JOHNSON ...George HARBAUGH Filed 17 Jul 1855.
ES-3, 247-260 - BRENNER, FINCH, McCAFFRY, RICHARDS, ENGLAND, ACQUILLA
BRENNERS vs BRENNERS- Mar 1855 Anthony BRENNER d/ abt 1848 intestate widow - (unnamed) d/ abt 1855 s/ Peter BRENNER s/ John BRENNER d/ Elizabeth (Brenner) FINCH, a widow d/ Ann (Brenner) w/o Michael McCAFFRY s/ William BRENNER, dec'd (d/ abt 1842) ....Sarah C. w/o John H. D. RICHARDS ....William F. T. BRENNER, a minor ....Henrietta BRENNER, a minor Land - Lot #124 in Frederick; from Henry GETZENDANNER (w/ Hannah) in 1803 and John GEBHART (w/ Elizabeth) in 1810 Guardian was Mary Ann ENGLAND of Frederick city who also testified that she h known the family for 30 years. Trustee was E. Louis LOWE; on 26 May 1855, sale was made to Michael McCAFFRY at $432. McCAFFRY resold the property to Alfred ACQUILLA (a free colored man) and asked the deed be conveyed to him. Distribution of $432; court costs, $91.60 - each 1/5 children's share, $68.08 Filed 3 Aug 1855.
ES-3, 260-275 - KELLER, SHAEFFER, DERR, CONRAD, BAER, SMELTZER, REMSBURG, BOWLUS, CRIST - Dec 1851
Daniel KELLER et al vs Martin A. KELLER et al Rosanna KELLER d/ 28 Jun 1851 - widow of Jacob KELLER s/ Daniel KELLER s/ Joel KELLER and w/ Nancy (SHAEFFER) s/ Ezra KELLER (d/ 1848) ....Martin A. KELLER, a minor - Springfield, Clarke Co, Ohio ....Sarah KELLER, a minor - Springfield, Clarke Co, Ohio d/ Elizabeth (d/ 1838), dec'd w/o John DERR ....Sarah DERR, a minor Land - Lot in "Resurvey on Watsons Welfare", lying in "Kellers Addition to Middletown" and adjoining "Smithfield", to Rosanna from Jacob THOMAS of John and Sophia BOWLUS, both executors of David BOWLUS' estate in 1844. House was 2-story log and weatherboard with attached kitchen, a log stable, spring house, never-failing pump in yard and garden. Guardian for Martin and Sarah KELLER was Frederick W. CONRAD of Clarke Co, Ohio. Guardian for Sarah DERR was Jacob BAER. (Dec 1851) Testimony was heard from Henry R. SMELTZER. Trustee was Daniel KELLER with George BOWLUS as surety. Sale was held on 13 Mar 1852, high bidder was Josephus REMSBURG at $800. Two creditors had not been paid: - Sophia CRIST (her agt Joseph CRIST), $316 - Mary CRIST (her agt Joseph CRIST), $84 Distribution (amended): - each 1/4 share, $69.41. Filed 3 May 1853.
ES-3, 275-304 - BEAM, GASAWAY, ROSS, KAHLER, SAPPINGTON, DELASHMUTT, HOSSELBACH - Oct 1853
Noah A. GASAWAY & John W. ROSS, partners t/a Noah A. GASAWAY & Co vs Jacob BEAM and Adam KAHLER The complaintants of Baltimore city extended credit in 1853 to Jacob BEAM, also of Baltimore city, who had been operating a mill (Brookland Mill) or mills near there. His drafts now amount to $4,000 and they do not wish to extend any further credit to him and requested a mortgage of his Frederick County property for the liabilities, to be null and void upon payment of the debt. However, since this mortgage, Beam has conveyed the same property by mortgage to an Adam KAHLER, also of Baltimore city. At that time, $2,582.56 with interest was due, but Beam has refused to pay it. Land - Lots #1 & 2 of "Adams Bones" and "Resurvey on Right and Good Reason", 69 acres, to Beam by Jacob LEWIS and w/Adelia LEWIS in Jan 1853 (previously to Lewis by William B. NORRIS, exec/of George HOSSELBACH in Dec 1852); on west side of Bennetts Creek. The stone mill, two stories high with strong stream of water, then in the occupancy of Joseph BEAM, was situated between the Fleecy Dale Factory and the Greenfields Mills, within four miles of the B&O Railroad and five miles from the C&O Canal. There were two pair of burs and a pair of country stones, was repaired two years ago, has a saw mill with a two-story log house for the miller and other necessary buildings. Testimony was heard from Samuel GASSAWAY, a brother of Noah, and Jacob BEAM. Trustees for the sale were Worthington ROSS and William C. SAPPINGTON with William J. ROSS and Greenberry R. SAPPINGTON as sureties. Sale was held 15 July 1854; high bidder was Joseph BEAM, as agent of William BEAM of Baltimore city, at $3,000; however, William BEAM failed to comply with the terms. Since then, William C. SAPPINGTON, co-trustee, died and a request was made to vacate the sale. On 2 Sep 1854, the property was resold to Arthur DELASHMUTT at $2,165. The sale was protested for several reasons, one being the auctioneer was the buyer, but the objection was later withdrawn. By Feb 1855, the surviving trustee, Worthington ROSS, died and a new trustee, William J. ROSS, was appointed. Distribution of $2,165; court costs, $280.51 - N. GASSAWAY & Co, in part, $1,884.90 Filed 14 Sep 1855.
ES-3, 304-311 - BURGEE, MARTIN, LEWIS, WALKER, TODD - Mar 1855
Nathan BURGEE & Shadrach BURGEE vs Isaac BURGEE & Others Abraham BURGEE d/ Aug 1854 intestate bro/ Nathan BURGEE bro/ Shadrach BURGEE bro/ Isaac BURGEE sis/ Maria (Burgee) w/o William MARTIN sis/ Hester (Burgee) w/o Thomas LEWIS Isaac had filed for insolvency and his trustee was George T. DILL. Land - Lot #12 of "Resurvey on Mackeys Luck", 16 acres, to Abraham BURGEE from Shadrach BURGEE of Washington County in 1842; exception is 1 acre that was sold to Isaac BURGEE. Trustee was Samuel D. WALKER with sureties as Daniel BURRIER and D. C. JOHNSON; sale was made to William TODD at $354. Distribution: court costs, $87.81 - state tax, $6.66 - each 1/5 share, $51.90 Filed 10 Oct 1855.
ES-3, 311-329 - JOHNSON, WILLIAMS, KEEFER - Mar 1852
Thomas JOHNSON & w/ Catharine & Others vs Richard E. JOHNSON & Others Richard JOHNSON d/ (Will written 31 Dec 1850) - (natural son by Sarah WILLIAMS), Richard Edwin JOHNSON, a minor bro/ Thomas JOHNSON's children ......Edwin JOHNSON ......Francis R. A. JOHNSON ......Jane JOHNSON, a minor ......Thomas JOHNSON Jr, a minor ......Wyndham JOHNSON, a minor ......Fanny JOHNSON, a minor ......Catharine Virginia JOHNSON, a minor ......Mary Bedloe JOHNSON, a minor Land - 'Home farm', 256 acres - "Peria Sand" (Boteler farm), 159 acres Both were sold by trustee, Michael KEEFER. Balance of real estate in both Washington and Frederick counties: - "Mountain Side", 38 acres, adjoining lands of John CRAMPTON on the south, Barton GARROTT on the west, Bryan PHILPOT (then in possession of Mrs. COST) on the east and Shamburg on the north, lies near Knoxville. - "Mountain Side" Lot #2, 20 acres, near Knoxville, adjoining lands of Tilghman HILLEARY on the north, William GARROTT on the east, Barton GARROTT on the west and Mr. SHAMBURG on the south. - Lots #21, 22, 23 in "Keep Triest", in Washington County. ...#21, 37 acres, next to Robert CUSHING's lot. ...#22, 28 acres, next to Edward EVANS' lot. ...#23, 24 acres, next to Edward EVANS' lot and east edge of the main road. Trustee for sale was Michael KEEFER. Francis R. A. sold his interest to Thomas. Guardian was William MAHONEY who also testified. New trustee was Col. Thomas JOHNSON with sureties, W. Cost JOHNSON, Joseph CARTZENDAFUER and Levin RICE. On 12 Mar 1853, public sale was held at Knoxville, the farm not receiving a sufficient bid. Sale to: - Robert McDUEL for mountain lot #21, 37 acres, at $1,285.49 - Dr. J. MARLOW for mountain lot #23, 24 acres, at $387.29 - Robert McDUEL for "Mountain Side" at $647.90 - Tilghman HILLEARY for Lot #2 of "Mountain Side" at $320 Total sales so far, $2,641.29. Petition of creditors, John R. JAFFREY, Arthur W. JAFFREY, Edward S. JAFFREY and Richard W. JAFFREY was filed on 31 Mar 1852 for claims of debts against the share of Francis R. A. JOHNSON. 2nd Report of Sales - - Valentine BIRELEY for mountain lot near Point of Rocks, 57 acres, at $1,130.50; (previously to Richard JOHNSON from Lewis MOTTER in 1834) - MORRISON & DRILL for Lot #25 in Knoxville at $310; by Joseph KNOX's lot and Main St to Ridge Road to Rail Road. - William Cost JOHNSON for "Daniel's Diligence", 73 acres, at $4,029.78; located a half mile from Jefferson between road to Harpers Ferry and Jefferson & Sharpsburg Rd, adjoining land of Joseph RODERICK on SW, Mr STRINE on the north and village of Centreville. Total sales, $5,470.28. Distribution of $8,111.57; court costs, $515.76; - multitude of creditors, $2,151.77 - inheritance tax, $136.10 - to his son, nieces & nephews, each 1/9 share, $589.77 Filed 22 Jan 1855.
ES-3, 329-341 - MILES, DUDDERAR, DAVIS, NORWOOD, JAMISON, RICE, MAGERS, COCKEY - Feb 1855
Isaac DAVIS & Others vs Albert F. MILES & Others Charles MILES d/ 1857 intestate widow - Almeda (age 55) and children d/ Elizabeth (d/ c1853) w/o Conrad DUDDERAR .....Henry DUDDERAR, a minor .....Frances DUDDERAR, a minor .....George DUDDERAR, a minor .....Emily DUDDERAR, a minor .....Charles W. DUDDERAR, a minor d/ Catharine S. w/o Isaac DAVIS d/ Elvira w/o Jeremiah NORWOOD s/ John W. MILES s/ Charles P. MILES s/ James W. MILES s/ Albert F. MILES, a minor s/ Francis MILES, a minor Land - Farm, "The Principal", 247 acres, one mile from Price's Mill and 2 1/2 miles from Urbanna, adjoins land of E. PRICE and J. McKINSTRY; Wesley MILES was then living there. - 2 Lots in Hyattstown, Montgomery County James W. MILES sold his share to Isaac DAVIS. Guardian was John RITCHIE, esquire. Testimony heard from Joshua McCLAIN who had known the family for 20-30 years. Trustees appointed were Isaac DAVIS and John W. MILES who renounced the duties; John J. JAMISON was then substituted with sureties as Upton WORTHINGTON and William JOHNSON. Property sold on 8 Aug at public sale on the premises to: - Edward T. RICE for the farm at $16.29/acre - John T. MAGERS for the lots at $200 On 24 Oct 1855, William COCKEY, made oath that Almeda MILES was 55-60 years old. Distribution of $4,237.08; court costs, $326.84 - Almeda MILES, in lieu of widow's dower. $391.02 - each 1/8 share to children, $439.90 Filed 17 Nov 1855.
ES-3, 341-343 - DEVILBISS, DEBOW
Estate of George W. DEVILBISS; trustee was Adam W. DEVILBISS - 2nd Accounting - Jan 1856 - Supplemental of ES-2, 683 2nd Distribution of $3,199.67; court costs, $16.27 - John DEBOW, balance of claim, $368.39 - Miranda O. DEVILBISS, in lieu of dower, $402.14 - various creditors, $2,217.75 - Rufus W. DEVILBISS, a child, $48.78 - Henry C. DEVILBISS, a child, $48.78 - Ann M. DEVILBISS, a child, $48.78 - George A. DEVILBISS, a child, $48.78 Filed 24 Mar 1856.
ES-3, 343-344 - BASFORD - Jan 1856
Estate of Alfred BASFORD; John T. BASFORD, trustee Supplemental of ES-1, 619 2nd Distribution of $177.27; court costs, $10.17 Each 1/9, $18.56 to - John T. BASFORD - Ellen BASFORD - Eliza BASFORD - Henry BASFORD - Charlotte BASFORD - George BASFORD - Alfred BASFORD - Adam A. BASFORD Filed 28 Jan 1856. (Note - pages 344 and 347 are switched online)
ES-3, 344-357 - SMITH, MOTTER, McLANAHAN, SLAVES, FOUT - Oct 1854
John C. MOTTER & Edward S. MOTTER vs Mary A. V. MOTTER & Others Rebecca SMITH d/ (Will written 25 Jan 1851) d/ Mary Ann MOTTER d/ 1 Jun 1854 intestate; w/o John S. MOTTER .....John C. MOTTER .....Edward S. MOTTER .....Mary A. V. MOTTER, a minor .....George R. MOTTER, a minor .....William H. MOTTER, a minor .....Joseph E. MOTTER, a minor .....Cecelia A. MOTTER, a minor s/ John Jacob SMITH s/ Ezra SMITH, dec'd .....Henrietta R. SMITH s/ William H. SMITH s/ George SMITH d/ Ann Rebecca McLANAHAN .....Alice R. McLANAHAN .....William H. McLANAHAN granddaughter/ Eveline C. SMITH grandson/ John T. SMITH SLAVE - coloured girl NELLY (slave for life), to daughter Mary Ann MOTTER - coloured boy JOE (slave for life), to son John Jacob SMITH - negro girl CATHARINE (or KEPP), to granddaughter Eveline (with stipulations) - coloured girl ELIZA (slave for life), to daughter Ann Rebecca (provision for trustees to sell Eliza if they choose to and buy another in her place) Land - House & Lot on W. Patrick St, Frederick Town (western portion to daughter Mary Ann MOTTER); eastern portion was then occupied by David SCHLEY, esquire (given to daughter Ann Rebecca in trust provided she not return to her husband who does not provide for her and her children; then to her children); lies next to lot of George MARKELL. Execs/ son George SMITH and son-in-law John S. MOTTER Witnesses: Ezra HOUCK, George BECKENBAUGH, Daniel HALLER Guardian was John S. MOTTER and was also trustee for the sale. Second sale was successful with high bidder, - John H. FOUT, esquire, at $2,005 Distribution: court costs, $213.62 - Each 1/7 to Mary Ann MOTTER's children, $255.91 Filed 11 Feb 1856.
ES-3, 358-358 - BRENNER, ENGLAND - Jan 1856
Estate of Anthony BRENNER; E. Louis LOWE, trustee Supplemental of ES-3, 274 Mary Ann ENGLAND, guardian of William Francis Thomas BRENNER and Henrietta BRENNER, petitioned for payment for their shares.
ES-3, 359-384 - CRABBS, HOOVER, EYLER - Jan 1853
John EYLER & John MATTHEWS vs Frederick CRABBS Supplemental of WBT-4, 687 Estate of Frederick CRABBS; Jesse HOOVER, exec, with sureties as Frederick CRABBS and David MORRISON of John Land - Sale made by Frederick CRABBS Sr (w/ Christiana) who sold parts of "Ilers Content", "Wolfs Harbour", "Resurvey on Margaret and Jones Partnership", "Bowling Green" and "Sugar Tree Valley", 459 acres in South Mountain on Little Piney Mountain and north of road leading from Emmitsburg to Harbaughs Valley to John EYLER for $6,000. Frederick CRABBS had purchased much of this land at a sheriff's sale which had previously been owned by EYLERs. John EYLER then became insolvent, still owing $2,031.86. Testimony was heard from Michael C. ADELSPERGER, William B. PITTINGER and John NEED. Trustee for the new sale was Grayson EICHELBERGER; however, Eyler asked for a delay to allow him time to finish paying the balance. Filed 7 Mar 1856.
ES-3, 384-392 - CUNNINGHAM, RIGHTER, SHAW, DAVIS, McALEER - Jul 1855
Benjamin A. CUNNINGHAM & James L. DAVIS vs Elizabeth SHAW & Hugh McALEER Elizabeth RIGHTER (now w/o Zachariah SHAW) was guardian of her child, Susan RIGHTER and securities were Benjamin Amos CUNNINGHAM and James L. DAVIS. Susan is now of age and Elizabeth is unable to pay the balance due to her which the sureties paid, $390.99. Land - 1 1/2 story frame house & Lot #2 of "Small Gains", 267 sq perches, bordered on SE side by Baltimore & Ohio Rail Road, on NW side by road leading from Frederick Town to Nolands Ferry (1 1/2 miles from Buckeystown). (Previously deeded to Elizabeth by Daniel RINEHART and wife, James RINEHART and Catharine w/o Jacob CRONISE in 1837.) In Feb 1855, Zachariah SHAW was convicted of persuading slaves to runaway and was sentenced to confinement in the state penitentiary for six years and two months. The Shaws made a deed of mortgage to Hugh McALEER for the $100 owed to him. Trustee was B. Amos CUNNINGHAM; sale was held 8 Dec 1855; high bidder was Hugh McALEER at $500. Distribution of $500; court costs, $109.56 - B. A. CUNNINGHAM & James L. DAVIS, $390.44 Filed 18 Mar 1856.
ES-3, 392-399 - HERRING, COLE, BOWLUS, COBLENTZ - Dec 1854
John HERRING of C. vs Josiah T. HERRING & Others John HERRING of C. issued petition as next friend for the minor children listed below who were tenants in common for real estate listed below. Daniel C. HERRING, dec'd widow - Ann E. s/ Josiah T. HERRING, a minor d/ Sarah E. HERRING, a minor d/ Lavinia A. HERRING, a minor Land - Lot #12 on the north side of Main St in Middletown, divided into two equal parts with houses on each half. Guardian was William G. COLE; trustee was John HERRING of C. with Jacob LORENTZ as surety. Sale was held on 5 Jan 1856, sales to: - Samuel BOWLUS for western half at $1,599.50. Later the eastern half was sold at private sale to: - Hamilton N. COBLENTZ at $1,200 Distribution of $2,799.50; court costs, $260 - widow in lieu of dower, 1/7, $399.93 - each child, 1/3, $733.19 Filed 25 Apr 1856.
ES-3, 399-401 - GRAHAM, LUCKETT, WHITE, HEMPSTONE, DICKINSON, FISH, TRUNDLE, POOLE, FLETCHER, WALTMAN - Feb 1856
HEMPSTONE et al vs TRUNDLE et al Supplemental of ES-1, 591 Estate of A. T. HEMPSTONE & Heirs of Nathan HEMPSTONE, M. B. LUCKETT, trustee On 27 Dec 1852, M. B. LUCKETT, trustee, sold to William GRAHAM real estate; however, before final payment and the deed transfer, William GRAHAM died, leaving heirs, - James GRAHAM - Catharine GRAHAM - William GRAHAM & w/ Henrietta - Mary w/o Josiah C. LUCKETT - John GRAHAM & w/ Mary - ______ w/o Josias WHITE - Israel GRAHAM Distribution of $1,439.16; court costs, $10.67 - A. T. HEMPSTON, co-tenant, $714.24 - George HOSKINS, Register for state tax, $17.85 - A. T. HEMPSTON, brother, 1/6, $116.06 - Christy DICKENSON, sister, 1/6, $116.06 - Elizabeth FISH, sister, 1/6, $116.06 - children of Ann TRUNDLE .....William O. TRUNDLE, 1/12, $58.05 .....Mary E. TRUNDLE, 1/12, $58.05 - children of Harriet POOLE .....William H. POOLE, 1/24, $29.01 .....Thomas POOLE, 1/24, $29.01 .....Mary FLETCHER, 1/24, $29.01 .....James F. POOLE, 1/24, $29.01 - children of Francis TRUNDLE .....William H. TRUNDLE, 1/30, $23.31 .....James O. TRUNDLE, 1/30, $23.31 .....Sarah T. TRUNDLE, 1/30, $23.31 .....Ann V. TRUNDLE, 1/30, $23.31 .....Susan E. TRUNDLE, 1/30, $23.31 The heirs have sold said land to Joseph WALTMAN and request conveyance to him. Filed 25 Apr 1856.
ES-3, 401-413 - MENTZER, ADELSPERGER, MOTTER, CAMPBELL, GAMBLE, STOKES - Jun 1854
David GAMBLE vs Joshua MOTTER, adm/of George MENTZER & Others George MENTZER d/ Jul 1853 intestate widow - Mary Ann (ADELSPERGER) and minor children, d/ Catharine S. MENTZER s/ Jacob A. MENTZER s/ James S. MENTZER s/ Lewis F. MENTZER Administrator was Joshua MOTTER. Land - House & Lot on Main St in Emmitsburg in "Shields Addition to Emmitsburg", from David GAMBLE in 18 (previously to Gamble from Joseph BAUGHER and Joseph WELTY, execs/of Joseph DANNER in 1847); lies next to lot of John T. BADER, dec'd and separated by alley to Joshua MOTTER's property. Consists of 2-story brick house, log smith shop, brick smoke house and frame stable. Guardian was Abner CAMPBELL. On 2 Jun 1855, Sebastian ADELSPERGER of Emmitsburg, testified his daughter, Mary Ann MENTZER, the widow, was born 26 Feb 1812 and is in good health. Testimony was heard from Joshua MOTTER who stated George was due a small inheritance from his father and sister. Trustee was David GAMBLE with sureties as Robert CROOKS and George W. ROWE. On 3 Mar 1855, sale was held at Devitt's(?) Hotel in Emmitsburg, high bidder was Henry STOKES at $801. Distribution: court costs, $146.18 - D. GAMBLE, $649.51 - Mary Ann MENTZER, dower, $1.61 - MOTTER & ROWE, in part of claim, $9.71 Filed 26 Jul 1855.
ES-3, 414-433 - CRAMPTON, KNOTT, GRAHAM, PHILPOTT, JANNEY, ELLIOTT, PHILLIPS - Jun 1855
CRAMPTON vs CRAMPTON Thomas CRAMPTON d/ Oct 1854 intestate widow - Martha V. and 10 children s/ Oscar P. CRAMPTON s/ Thomas A. CRAMPTON s/ Benjamin P. CRAMPTON, a minor s/ Robert S. CRAMPTON, a minor d/ Ann E. CRAMPTON, a minor d/ Mary E. CRAMPTON, a minor s/ Charles D. CRAMPTON, a minor s/ John F. CRAMPTON, a minor s/ Lewis W. CRAMPTON, a minor s/ Clinton F. CRAMPTON, a minor Land - Lots #19 & 20 of "Resurvey on Merryland", 172 acres, to Heirs of Thomas CRAMPTON from George SHAFER and w/ Elizabeth in 1835 (to Shafer from John R. BROOKE, exec/of Mary A. BROOKE in 1844). - "Peria Land", 256 acres, from Michael KEEFER, trustee, in 1854 (sale was to Henry F. DEAVER for $14,090.31, but petition requested Thomas CRAMPTON be substituted as buyer); located on Ridge Road leading from Frederick to Harpers Ferry. - tract "John & Priscilla", 117 acres, from Hanson MARLOW and w/ Louisa in 1848. - parts of Lots #19 & 20 on "Resurvey on Maryland" and part "Hawkins Merry Peep A Day", 189 acres, from Otho THOMAS and Harriet THOMAS in 1836 (previously to THOMAS from Tobias BELT, trustee of Jeremiah BELT in 1820). Guardian was Francis A. KNOTT; 297 acres (1/3 of each tract) was laid out for the widow's dower before the sale of the real estate. Public sale was held 2 Feb 1856, high bidders were: - John GRAHAM for old homestead farm (188 3/4 acres) at $11,702.50 - William GRAHAM for farm (Exhibit 3) (117 3/4 acres) at $6,476.93 - Benjamin PHILPOTT for farm (Exhibit 1) (172 acres) at $10,458.93 - George W. JANNEY & William ELLIOTT for small 1/4 acre lot, for school lot, at $35 Total sales, $28,673.37. Distribution: court costs, $1,045.71 - each 1/10 to the children, $2.762.76 Petition was made to substitute John G. PHILLIPS in place of John GRAHAM as buyer. Filed 6 May 1856.
ES-3, 433-437 - PEARL, WIDRICK, DRANTZ, ROSS, SIFFORD - May 1854
Ellen PEARL vs William J. ROSS & Others In 1845, Jacob WIDRICK conveyed to W. J. ROSS and John SIFFORD his real estate in trust to sell. They sold part of it to John KRANTZ, but subsequently he sold to Ellen PEARL a part being a house and lot containing about 3 acres for $300. She paid William LOWE, agent for Krantz, the money. Krants was unable to pay the balance of his purchase and the property was resold in Mar 1849 to cover the unpaid money, except for the house and lot sold to Ellen and she is now requested a conveyance to her for the house and lot. John KRANTZ was then living in Baltimore City. Receipt shows Miss Ellen PEARL's payment notated "for James PEARLE". A deed was to be issued to Ellen PEARL reserving to Catharine KRANTZ, the grantee of SIFFORD & ROSS, a right of transit over the lands of PEARL for getting water and also right of transit for PEARL to the road leading from Frederick-HarpersFerry Road to PHLEEGER's Mill. Filed 6 Mar 1856.
ES-3, 437-442 - JOHNSON, DAVIS, BROWN, SLAVES, TRUNDLE - Dec 1855
Charles JOHNSON, surviving executor of Roger JOHNSON - Petition In Apr 1832, Charles JOHNSON, along with Joseph A. JOHNSON, as executors of Roger JOHNSON, sold property to Peter H. BROWN for $115. Land - Lot #8 at Point of Rocks There is a remaining balance due on the notes. On 25 Mar 1835, Peter H. BROWN executed a Deed of Trust unto Thomas J. DAVIS for the property. DAVIS was to sell the property to pay the outstanding expenses; however, DAVIS died before the sale was made. In addition, Thomas J. DAVIS had signed as security on a bond for Peter H. BROWN for Brown's administration for the estate of Matthew BROWN, dec'd. So, Peter H. BROWN issued a Deed of Trust to Thomas J. DAVIS for his (Brown's) property, "Resurvey on the Hope", 180 acres, (from Peter FINK of Baltimore City); and also for the Lot at Point of Rocks. Also included by Peter H. BROWN was 'personal property' - SLAVES - negro men, LEWIS, PETER, JARED and NAT and negro boy GEORGE; in addition to livestock, farming implements and grain. Ross JOHNSON was appointed trustee for the sale with George JOHNSON as surety. On 9 Dec 1855, sale was held at the tavern of F. McGACKIN in the town of Point of Rocks; high bidders were: - Otho W. TRUNDLE for the lot at $100 Distribution: court costs, $42.77 - Charles JOHNSON, in part of his claim, $57.23 Filed 6 Mar 1856.
ES-3, 442-444 - TROXELL, DAVIS, BAUGHER, NICKUM, WISE, BLACK, ROWE - Dec 1855
William TROXELL & Others vs John D. NICKUM & Others Supplemental of ES-2, 498 Estate of Samuel TROXELL; William TROXELL, trustee Report of Private Sales to- - Frederick BLACK for Lot #4 with stone house at $500 on 17 Sep 1853. - Joshua ROWE, Elias S. ROWE & James A. ROWE for 2 lots with barn at $275 on 10 Jun 1855. Distribution: court costs, $59.32 - William TROXELL, co-tenant, 1/2 or $357.84 - George HOSKINS, Reg., state tax, $8.94 To heirs: - William TROXELL, 1/5 or $69.78 - Mary A. DAVIS, 1/5 or $69.78 - Catherine BAUGHER, 1/5 or $69.78 - Amanda TROXELL, 1/5 or $69.78 - John D. NICKUM, surviving husband of Eliza NICKUM, dec'd curtesy share, 3/16 of 1/5 or $13.08 - Children of Eliza NICKUM: ...Romanus J. WISE, 1/5 of residue of 1/5 or $11.34 ...Eugene WISE, 1/5 of residue of 1/5 or $11.34 ...Ann E. WISE, 1/5 of residue of 1/5 or $11.34 ...Clare A. NICKUM, 1/5 of residue of 1/5 or $11.34 ...Catherine S. NICKUM, 1/5 of residue of 1/5 or $11.34 Filed 26 Dec 1855.
ES-3, 444-456 - CRAMER, SLAVES, CAMPBELL, TOMS - Dec 1855
Noah CRAMER, next friend of Catharine B. CRAMER & Margaret E. CRAMER Jacob CRAMER (of Henry) d/ May 1855 (Will written 14 May 1855) widow - Susan d/ Catharine B. CRAMER, a minor d/ Margaret E. CRAMER, a minor SLAVE - negro MIRANDA (to daughter Catharine) - negro VIRGINIA (to daughter Margaret) Execs/ his brothers, Henry CRAMER and Noah CRAMER Witnesses: William J. ROSS, Randolph DUDERAR and Samuel CRAMER Land - Lot #12 of "Jacob's Fountain" on Monocacy Manor, 114 acres (Exception is part sold to Philip H. CRAMER); from Henry CRAMER and w/ Barbara in 1840 (previously to Henry from John HOLTZ and w/ Catharine in 1834. - "Good Intention" & part of Lot #12 on Monocacy Manor, 139 acres; from Nicholas CROMWELL, exec/of Philemon CROMWELL in 1853. Guardian was Abner CAMPBELL. The widow petitioned to renounce the will after learning the estate would not be sufficient to pay her the $2,000 devised to her in her husband's will. She stated she was 31 years old on the 13th of Dec 1855. Trustees were Noah CRAMER and Henry CRAMER with Christ. WINEBRENNER and Samuel CRAMER as sureties; sale was held 15 Feb 1856 at the home place, high bidders were: - Samuel TOMS for 198 acres of "Monocacy Manor" at $11,967.15 On 18 Mar 1856, Henry LAMBRECHT testified the widow, Susan CRAMER, was about 31 years old and in good health. Distribution of $11,967.15: court costs, $510.16 - Susan CRAMER, widow, in lieu of dower, 1/7 or $1,636.71 - Catharine B. CRAMER, 1/2 or $4,910.14 - Margaret E. CRAMER, 1/2 or $4,910.14 Filed 25 Apr 1856.
ES-3, 457-473 - CROMWELL, SLAVES, BOONE, JARBOE - Oct 1855
CROMWELLs vs CROMWELLs Richard CROMWELL d/ 1844 (Will written 7 Apr 1840; filed 9 Apr 1844) - widow - Caroline Jane d/ Mary Elizabeth M. CROMWELL s/ Richard CROMWELL S/ Stephen A. CROMWELL s/ Curtus A. CROMWELL, a minor d/ Teresa C. CROMWELL, a minor d/ Emily S. CROMWELL, a minor SLAVES - (not named), allowed them to be sold to another master of their choosing, and not to be sold out of state nor to any person they are unwilling to live with. Exec/ widow - (Children were not named in the Will.) Witnesses: M. E. BARTGIS, Samuel DUER and James M. HARTING Everything was to go to the widow and upon her death to be divided amongst the then living children. The widow and older children petitioned for sale to reinvest monies for support of family. Land - Lot #6 of "Carrolton Manor", 1+ acre, from Catharine HARPER of Baltimore City in 1833; next to "Good Luck" - Lot #6 of "Carrolton Manor", 22 acres, from Catharine HARPER of Baltimore City in 1839, (previously to Harper from Charles CARROLL of Carrolton in 1821). - "Good Luck", 89+ acres, from James HENDERSON SR (w/ Sarah) in 1803; located on the north side of a long glase that falls into Ballinger's Creek and along Manor Road; also part "Addition to Carrolton" and "Richards Amendent", 11 acres. The estate totaled 122 of surveyed acres, 12 acres wooded with hickory and oak, an apple orchard, a fine cistern beside a never failing pump close to the house and a never-failing pump in the barnyard; it has a brick and frame dwelling with a bath house attached, a stone barn, hay barricks, stabling for 24 horses, graneries, corn house, ice house, dairy, meat house, poultry houses, etc, including outhouses for servants. There are three mills within three miles of the farm; the farm being five miles from Frederick and one mile from the Baltimore and Ohio Rail Road. Guardian was Jerningham BOONE; testimony was heard from Robert BOONE and Dr. Jerningham BOONE. Trustee was Mrs. Caroline J. CROMWELL with sureties as Stephen A. CROMWELL Richard CROMWELL, Mary E. M. CROMWELL, Robert BOONE and Benedict BOONE. After a failed public sale, private sale was made to John S. W. JARBOE at $11,010.93. Distribution: court costs, $447.30 leaving $10.563.63 in the hands of the trustee. Filed 26 Apr 1856.
ES-3, 473-483 - BARNES, ENGLE, KEEFER, SNADER - Dec 1854
Jacob SNADER vs Peter ENGLE, Dennis BARNES & Others Joshua BARNES d/ 3 Oct 1854 intestate s/ Dennis BARNES, a minor s/ Gustavus BARNES, a minor d/ Anna M. BARNES, a minor s/ Noah M. BARNES, a minor d/ Mary C. BARNES, a minor d/ Martha E. BARNES, a minor s/ James H. BARNES, a minor s/ William P. BARNES, a minor d/ Issabella R. BARNES, a minor Administrator was Peter ENGLE with sureties as Levi Z. BARNES and John S. NICHODEMUS; guardian was William MAHONEY. Testimony was heard from Richard P. BUCKINGHAM. Land - Farm in Liberty, 149 acres, consisting of - "Resurvey on Smiths Lot", 46+ acres, to John NUSBAUM from Gabriel MARKEL in Aug 1810 - "Fathers Gift", 100 acres, to John NUSBAUM from Adam MARKEL in 1799 - "Resurvey on Cold Friday", 5 acres, to John NUSBAUM from Adam MARKELL in 1804 All conveyed to Joshua BARNES by Nimrod NORRIS, trustee, in Oct 1851; located along road from Liberty Town to Baltimore. Trustee for sale was Peter ENGLE with D. W. NAILL as surety. After a failed public sale, private sale was made to Lewis KEEFER at $1,490. Distribution of $1,023.12; court costs, $161.57 - Jacob SNADER, his claim, $224.50 - Peter ENGEL, his claim, $316.04 - Daniel ENGEL, his claim, $114.75 - each child's 1/9 share, $22.91 Filed 1 Aug 1856.
ES-3, 483-483 - HOLLENBERGER, ISENAGLE, CRIST - May 1856
W. S. HOLLENBERGER vs Elizabeth HOLLENBERGER & Others Supplemental of ES-3, 151 On 14 Dec 1854, John HOLLENBERGER, trustee, sold real estate to Michael ISENAGLE at $1,400. Joseph CRIST has agreed and contracted to take the land in place of Michael ISENAGLE who wants to move West. Court ruled for deed to be conveyed to Joseph CRIST. Filed 1 May 1856.
ES-3, 484-503 - FLOOK, BOWLUS, MUMMA, WILLIARD, SMELTZER, JARBOE, ROUTZAHN, MICHAEL, SMITH - Sep 1853
John LORENTZ, creditor vs Jacob C. FLOOK, adm/of Jacob FLOOK of John & Others Jacob FLOOK of John d/ 15 Apr 1853 intestate in Middletown Valley widow - Barbara s/ John Hanson FLOOK & w/ Elizabeth (BOWLUS) - Washington County s/ Daniel B. FLOOK & w/ Elizabeth (MUMMA) d/ Elizabeth FLOOK w/o Dewalt WILLIARD s/ Jacob C. FLOOK & w/ Susan (SMELTZER) d/ Evelina E. FLOOK w/o Henry JARBOE - Indiana d/ Catharine C. FLOOK w/o Joshua ROUTZAHN s/ John Philip FLOOK d/ Lydia FLOOK s/ Josiah FLOOK, a minor d/ Margaret FLOOK, a minor s/ Perry FLOOK, dec'd .....Dawson FLOOK, a minor .....Howard FLOOK, a minor Land - "Resurvey on the Blooming Month of May", 23 acres - "Ebenezer", 57 acres of mountain land - "Resurvey on Locust Level", 16 acres, from Abraham SNYDER. List of inventory and debts was included. Administrator was Jacob C. FLOOK with sureties as Edward T. RICE, Jacob NICKEL and Jesse HERBERT. The court appointed William G. COLE as guardian of the minors. Testimony was heard from Mahlon RHODERICK and George BOWLUS. John H. FLOOK of Washington County was appointed trustee for the sale with sureties as Jacob C. FLOOK and Jacob KEAFAUVER. On 8 Apr 1854, public sale was held, high bidders were: - John WILLIARD for 32 acres of "Ebenezer" at $12/acre - Daniel FLOOK for 26 acres of "Ebenezer" at $8.80/acre - Daniel FLOOK for 9 acres of "Locust Valley" at $4.87/acre - Daniel FLOOK for waggon makers shop with 1/2 acre at $100.02 The house and lot with blacksmith's shop was withdrawn due to no bids. The total sales were $750.56. On 25 Feb 1856, sale was held in front of the office of the Catoctin Whig for the house and lot of 1 1/2 acres on the road from Middletown to Burkittsville, then in the occupancy of Henry MICHAEL, and sale was made to Jacob B. SMITH at $500. Disbribution of $1,260.47; court costs, $221.65 - to trustee for expenses paid out, $518.88 - to multiple creditors, $519.94 Filed 25 Apr 1856.
ES-3, 504-505 - JOHNSON, ARMSTRONG, McCOLLOH, DORSEY, WHEAT, CHAPLINE, ELLIOTT - Feb 1856
Charles JOHNSON vs Eli DORSEY, William ARMSTRONG & Others Supplemental of HS-9, 321 & ES-1, 549 Estate of Roger JOHNSON, dec'd Charles JOHNSON, trustee, sold at private sale to John ELLIOTT Lot #112 in Point of Rocks at $75. Distribution: court costs, $43.82 - Charles JOHNSON, 1/4 or $7.79 - J. A. JOHNSON (to assignee Charles JOHNSON), 1/4 or $7.79 - Eliza ARMSTRONG (to assignee Charles JOHNSON), 1/8 or $3.89 - Eliza ARMSTRONG, legatee of Henrietta JOHNSON, dec'd, 1/8 or $3.89 - Dorothea McCOLLOH, legatee of Henrietta JOHNSON, dec'd, 1/8 or $3.89 - Eli DORSEY, surviving husband of Sarah DORSEY, 2/9 or $1.29 Children of Sarah DORSEY- each received 1/5 of residue, $.51 ...William H. DORSEY ...Elizabeth WHEAT ...Dorcas CHAPLINE ...Morris DORSEY ...John DORSEY Filed 20 May 1856.
ES-3, 506-515 - RAMSBURGH, ANGELBERGER, EATON, ROBERTS, O'NEAL - Feb 1856
Daniel RAMSBURG & Others vs David ANGELBERGER & Others Mary RAMSBURGH d/ 15 May 1855 intestate widow of John RAMSBURGH s/ Daniel RAMSBURG s/ David J. RAMSBURG s/ Samuel RAMSBURGH s/ John F. RAMSBURG d/ Catharine (RAMSBURGH), dec'd w/o David ANGELBERGER .....John Philip ANGELBERGER, a minor .....Luther Henry ANGELBERGER, a minor .....David Frederick ANGELBERGER, a minor .....Ann Catharine ANGELBERGER, a minor .....Marietta ANGELBERGER, a minor Land - "Resurvey on Turnock", 19 acres, to Mary RAMSBURGH from Daniel RAMSBURG, trustee for John RAMSBURGH in 1848; (Previously to John RAMSBURGH from Jacob HOLTZ in 1822). - 13 acres in two tracts, (previously to John RAMSBURGH from Martin ZEISG in 1829). - 38 acres, (previously to John RAMSBURGH from Jacob HOLTZ and wife in 1834). - Lots #151 & 152 in Lewis Town (previously conveyed to Frederick CRONISE, Jonathan BOWERS and Daniel S. ECKMAN, trustees of the Protestant Methodist Church, in 1844 and were then sold by Edward BALTZELL to Ann E. RAMSBURG in 1848). Guardian was William G. COLE; trustee was Daniel RAMSBURG with sureties as Frederick CRONISE and Amon H. BALTZELL. On 28 Mar 1856, sale was held at the tavern of Henry EATON in Lewis Town; high bidders were: - Michael ROBERTS for Lots in Lewis Town with house of Mary RAMSBURG at $290 (Jesse ROBERTS was his surety) On 3 May 1856 at Derr's Hotel in Frederick city, sale was held for the balance of real estate listed above, a 70 acre farm which lies on Fishing Creek, two miles SW of Lewis Town, high bidder was - Thomas H. O'NEAL at $1,655. Distribution of $1,945; court costs, $179.79 - each 1/5 share to children, $353.04 Filed 11 Aug 1856.
ES-3, 515-517 - STALEY, MULLEN, WIDRICK, WACHTER
Estate of George F. STALEY; Hugh MULLEN & Jacob STALEY, admins - Supplemental of ES-1, 214 - Apr 1854 Petition filed by Daniel PALMER, Peter GAVER, John GAVER, Nathan O. NEIGHBORS, Charles BROADRUP, John F. NEIGHBORS, Joseph CRONISE, Hugh MULLEN and Jacob STALEY, adms/of George F. STALEY, dec'd. Since the sales of the estate, both trustees, Jacob WEDRICK and George F. STALEY, have died and a request for a new trustee to convey the deeds is needed. After the request for the trustee to be Jacob STALEY, it was approved by the court. The 114 acre home farm of Christian WIDRICK, dec'd, was sold to George F. STALEY, but a deed was never conveyed. Upon George F. STALEY's death, the farm was been sold to Philip WACHTER Jr. who is petitioning for a deed which the court approved. Filed 6 Jun 1856.
ES-3, 517-519 - MILLER, DUTTERER, KOONTZ, LAUGHTERBAUGH, WARNER
John W. MILLER & Others vs Thomas A. MILLER & Others Supplemental of ES-3, 176 - May 1856 Estate of William MILLER Trustee, John W. MILLER, sold at private sale to: - Lycurgus MILLER & w/ Ann Eliza, "Millers Fancy" (aka 'Coppermine Field'), 40 acres, at $31/acre; also "Millers Fancy", 7 acres, at $31/acre. - John WARNER, "Millers Fancy", 6 acre wood lot, at $62/acre; adjoining neighbor was Washington SAMPLE. He also received $20 rent for an unsold property. Total receipts, $1,867.10. 3rd Distribution: court costs, $153.27 - widow Mary Ann MILLER, in lieu of dower, 1/10 or $171.38 - John W. MILLER, child, 1/6 or $257.07 - Thomas A. MILLER, child, 1/6 or $257.07 - William MILLER, child, 1/6 or $257.07 - Mary A. DUTTERER, a child, 1/6 or $257.07 - Thomas A. MILLER, trustee of Zacharia MILLER, 1/6 or $257.07 - Thomas F. KOONTZ, s/o Catharine KOONTZ, 1/4 of 1/6 or $64.26 - Clementina M. LAUGHTERBAUGH, 1/4 of 1/6 or $64.26 - William W. KOONTZ, 1/4 of 1/6 or $64.26 - Frederick F. KOONTZ, 1/4 of 1/6 or $64.26 Filed 11 Jun 1856. (Also see ES-2, 546-573)
ES-3, 519-533 - BLESSING, GIDDINGS, THOMAS, RAMSBURG - Feb 1856
William H. BLESSING & Others vs Elizabeth E. BLESSING Neri BLESSING d/ abt 1846 intestate widow - Mary s/ William H. BLESSING s/ Francis T. BLESSING s/ George W. BLESSING d/ Mary I. BLESSING d/ Elizabeth E. BLESSING, a minor d/ Penelope R. BLESSING, a minor d/ Lucinda V. BLESSING, a minor d/ Ann Maria BLESSING, a minor Land - 100 acres, from William GIDDINGS of Montgomery Co, Ohio in 1845, (previously from Samuel PATTINGALL to John WHIP and then to GIDDINGS), lies along county road from Frederick to Point of Rocks; has 1 1/2 story log house, new log stable, meat house, bake oven, orchard and spring of water near the house. - also Lot #14 of "Fielderia", 27 acres, to GIDDINGS from James GIDDINGS & wife, next to land of Joseph L. SMITH. - "The Mountain", 29+ acres, from Jacob THOMAS of John & w/ Sophia in 1832, lies near two springs on south side of Kittoctin (Catoctin) Mountain. - "Resurvey on George's Discovery", 100 acres, from Barbara THOMAS, wid/of Leonard THOMAS, Lewis RAMSBURG & w/ Barbara, Margaretta WASKEY, Catharine THOMAS and Elizabeth THOMAS in 1834 (previously conveyed to Leonard THOMAS by Adam WOLFE in 1799). The home farm was located seven miles south of Frederick and 3/4 mile from the Manor Church and adjoined lands of Jacob RAMSBURG, George THOMAS of H.; included 1 1/2 story log dwelling with well near the door, log barn, stable, corn crib, has new railings and posts, apple orchard. The Red Hill school house and the Manor church adjoined the farm and a flouring mill was convenient. Guardian was William G. COLE; testimony was heard from Jacob RAMSBURG. Trustee for the sale was William H. BLESSING with sureties as Michael ZIMMERMAN and Daniel J. SHELLMAN. Sale was held on 15 Mar 1856, high bidders were: - George W. BLESSING for the home farm at $5,793.39 (surveyed at 105 acres) The remainder didn't get a sufficient bid. Private sales were made to: - George THOMAS of Henry for the farm from Giddings, surveyed at 98 acres, at $2,019.82 - George W. BLESSING for mountain lot of 27 acres at $547.12 Distribution of $8,360.33; court costs, $383.68 - widow in lieu of dower, 1/9 or $886.29 - each child's 1/8 share, $886.29 Filed 23 Aug 1856.
ES-3, 534-546 - WISE, THOMAS, SHEFFER, ROUTZAHN, KOOGLE, CASSELL, LIGHDERT, MURDOCK - Jun 1855
Daniel SHEFFER & John ROUTZAHN of George, creditors vs Lewis O. WISE & Others Peter WISE d/ abt 1854 (Will written 15 Jul 1854) widow - Sarah s/ Lewis O. WISE s/ William P. WISE d/ Ann Maria C. WISE s/ Josephus WISE, a minor s/ Henry WISE, a minor s/ Samuel WISE, a minor d/ Eleanor WISE, a minor d/ Amanda WISE, a minor d/ Julia A. M. THOMAS Note - Children were not named in the Will except for Julia. Exec/ Lewis O. WISE Witnesses: Daniel KOOGLE of C., John W. KOOGLE, Daniel CASTLE of T. Land - Lot, 1 acre, from John MURDOCK and w/ Harriet in 1849 (previously to Murdock from Henry MUCK and w/ Julia in 1845); lies at corner of former George KOONTZ's lot now Daniel HOUPTS and on Baltimore and Frederick Turnpike; other neighbors were Jacob EVERHART and Daniel KOOGLE and Adam KOOGLE. - also Lot (previously to John MURDOCK from Daniel KOOGLE and w/ Annna and Adam KOOGLE and w/ Catharine in 1840); located on south side of Baltimore and Frederick Turnpike, adjoining lands of Jacob EVERHART (now dec'd), KOOGLES, MURDOCK and Peter LEIGHDERT (LIGHDERT) - also Lot adjoining others, (previously to MURDOCK from Peter LIGHDERT & w/ Elizabeth in 1849). Guardian was Daniel KOOGLE of C.; testimony was heard from Daniel CASSELL. Trustee for the sale was Lewis O. WISE with sureties as Henry HERRING and Henry LIGHDER. A failed public sale was held 9 Feb 1856; afterwards, private sale was made to: - William P. WISE at $800 Distribution: court costs, $129.13 - creditors, $202.62 - widow, $468.25 Filed 11 Jun 1856.
ES-3, 546-557 - SAYLOR, CAMPBELL, ROOP, WOOD - Jun 1856
Sarah SAYLOR, creditor vs Estate of Henry SAYLOR Henry SAYLOR d/ 30 Jun 1854 intestate widow - Catharine and 5 minor children s/ Catharine Elizabeth SAYLOR s/ Benjamin Franklin SAYLOR s/ Ezra James SAYLOR d/ Sarah Anne SAYLOR d/ Mary Ellen SAYLOR Land - "Long Bottom Enlarged", 160 acres, from David ROOP and w/ Susan Ann of Carroll County in 1842; adjoined lands of John ILER and Mathias FOGLE, Jacob HYDER and tract "Resurvey on Fogles Inheritance". Adm/ George SAYLOR; guardian was Abner CAMPBELL (pages 553 & 554 are missing and 652 & 653 were in their place) Public sale was held, but a bid of only $4,800 was received; private sale was made 21 Sep 1855 to Charles WOOD for $5,280. Distribution: court costs, $284.47 - widow, Catharine SAYLOR in lieu of dower, 1/7 or $713.64 - creditors, $2,154.61 - each child's 1/5 share, $425.45 Filed 14 Jun 1856.
ES-3, 557-565 - ROTHOCK, LEILICH, MERHLING - Dec 1855
Frederick Town Savings Institution vs Maria ROTHOCK, adm/of John G. ROTHOCK John G. ROTHOCK was indebted to the bank by note with sureties as John WALTER and John LIPPS. John George ROTHOCK d/ Oct 1854 intestate; he was born in Germany and purchased the land after he was naturalized. He had no living relatives, except for his wife, Maria. Land - House and Lot #11 and parts of # 8. 9 and 10 on Harpers Ferry Ridge Road, from John WALTER and w/ Elizabeth in 1854 (previously to them from George SMITH & wife in 1853). Trustee was Jacob LEILICH with sureties as Henry BOTELER and John T. SINN. After several failed public sales, private sale was made to Daniel MERHLING at $550. Distribution: court costs, $106.84 - creditors, $338.87 - the widow received the balance of $104.29 Filed 20 Jun 1856.
ES-3, 565-568 - BUCKEY, KEMP, SIMMONS, TYLER, HEATER, BEAR - Sep 1855
Daniel BUCKEY and Lewis KEMP vs Ann Rebecca BUCKEY & Others Estate of George BUCKEY, dec'd Samuel TYLER, was trustee to replace former trustee Lewis KEMP. Previous purchaser of real estate was Albert HEATER, but was resold to George BEAR at $346 plus interest. Distribution of $272.02; court costs, $44.44 - Lewis G. KEMP, exec/of Lewis KEMP, dec'd, 1/3 or $75.86 - J. M. BUCKEY, exec/of Daniel BUCKEY, 1/3 or $75.86 - J. M. BUCKEY, assignee of George H. BUCKEY, 1/6 or $37.93 - S. C. SIMMONS, assignee of George H. BUCKEY, 1/6 or $37.93 Filed 9 May 1856.
ES-3, 569-580 - LUNG, RODKEY, BAKER, YANTIS, ROOT - Nov 1852
Jacob RODKEY & Jacob ZUMBUM, execs/of George RODKEY, all of Carroll Co, MD vs Henry LUNG & w/ Synith & Others George RODKEY of Carroll County died with a Will naming his executors as stated above to settle his estate which included a mortgage he held for benefit of Henry LUNG and his wife, Synith who had an outstanding balance due. Land - "Link Together", 47 acres, to Henry from Peter FOGLE & w/ Catharine in 1842; adjoined lands of Samuel BIRELY and Peter DIFFENDALL. Testimony was heard from Brooke BAKER who witnessed the mortgage along with his son-in-law, David F. YANTIS who died 24 Mar 1851. Court appointed William N. HAYDEN of Westminster to be trustee for the sale of the property with sureties as John J. BAUMGARTNER and Jacob REESE, both of Carroll County. On 21 Mar 1854, sale was held with high bidder as Jacob ROOT at $375. After court costs of $100.10, the balance of $274.90 went to the executors of George RODKEY to pay in part the mortgage. Filed 29 Oct 1855.
ES-3, 580-582 - DEVILBISS, GREENWOOD
GREENWOOD & Others vs DEVILBISS & Others - Feb 1856 Estate of Levi DEVILBISS, dec'd The Home Farm being Lot #12, assigned as dower land to Sarah DEVILBISS as widow was not sold, but since then, she has died. Trustee, George W. DEVILBISS has purchased said land for $7,000 from trustee John GREENWOOD, subject to the court's approval. All of Levi's descendants are of full age except Margaret DEVILBISS who is 18. Distribution of $7,000; court costs, $27.07 - Ann M. GREENWOOD, 1/6 or $1,162.15 - George W. DEVILBISS, 1/6 or $1,162.15 - Jesse S. DEVILBISS, 1/6 or $1,162.15 - Sarah E. DEVILBISS, 1/6 or $1,162.15 - Hannah DEVILBISS, 1/6 or $1,162.15 - Margaret A. DEVILBISS, 1/6 or $1,162.15 NOTE - From Distribution, it appears son John Lewis DEVILBISS had died without issue. Filed 24 Sep 1856. (Also see ES-3, 87
ES-3, 582-583 - EIGENBRODE, MATHEWS - Jun 1856
Estate of Ann M. EIGENBRODE, a lunatic; Jonas MATHEWS, trustee Supplemental of ES-2, 628 Distribution of $111.77; court costs, $15.75 - to trustee for Boarding & Clothing for Ann, $101 - balance in trustee's hands, $114.70
ES-3, 583-596 - RIDENOUR, BALLARD(?), GURLEY, BEATTY - Aug 1855
William RIDENOUR vs Sarah Ann RIDENOUR, adm/of Charles A. RIDENOUR and Alfred A. RIDENOUR Charles A. RIDENOUR d/ Apr 1855 intestate widow - Sarah Ann s/ Alfred Augustus RIDENOUR, a minor age 6-7 in Feb 1856 Land - "Hammer & Tongs", 1 acre w/ house, in Mechanics Town, from Thomas GURLEY Jr in 1846 (previously to Gurley from Henry FICK in 1844). - "Hammer & Tongs", 3 acres, from William C. LANDERS in 1845; both tracts adjoined "Anvil" granted to Caspar SMITH. Jacob GERNAND acted as agent for William RIDENOUR who had left the state of Maryland by July 1855. On 27 Aug 1855, William H. BALLARD(?) testified the widow was 30 years old and her health was good. Guardian was Abner CAMPBELL; testimony was heard from Lewis A. BEATTY. Trustee was Thomas GURLEY Jr. with sureties as Samuel DIFFENDALL and Thomas GURLEY Sr. Sale was held 29 Mar 1856, high bidder was Thomas GURLEY Sr at $215.50. Distribution of $215.50: court costs, $95.19 - the widow, in lieu of dower, 1/7 or $17.18 - creditors, $65.94 - Alfred A. RIDENOUR, $37.19 Filed Aug 1856.
ES-3, 596-597 - OGBORN, HUTTON - Aug 1856
Account of Caleb OGBORN, trustee of Rebecca HUTTON & Others Supplemental of HS-7, 213 Receipts of $1,783.13 with various expenses paid out, balance remaining with trustee. Filed 24 Sep 1856.
ES-3, 597-627 - BANTZ, EBBERT, HARTMAN, BRUNNER, HARDTMAN, COBLENTZ, PORTER, DAVIS, LYONS, NICHOLS, LORENTZ, LUGENBEEL - Jun 1855
Gideon BANTZ Jr & Others vs Peter Sowers BANTZ Gideon BANTZ Sr of Frederick Town d/ Oct 1854 intestate widow - Anna Maria (she released dower to children) d/ Elizabeth M. wid/of A. F. EBBERT s/ Gideon BANTZ Jr (eldest son) and w/ Julia (HARTMAN) s/ William S. BANTZ & w/ Caroline S. (BRUNNER) s/ Theodore S. BANTZ & w/ Cecelia (HARDTMAN) - Baltimore city s/ Edward BANTZ & w/ Malinda (COBLENTZ) - Baltimore city s/ Algerman S. BANTZ & w/ Isabella (PORTER) - Missouri d/ Catharine A. S. BANTZ w/o Henry G. DAVIS - Virginia s/ Peter Sowers BANTZ, a minor - Piedmont, Virginia Land - (by Exhibit #) #1 - Lots #341 & 216, fronting Bentz St (side is Fifth St) in Frederick Town from Adam RICHEY and w/ Ann in 1845. #? - Lot #216, fronting south side of Fifth St and southwardly towards Fourth St in Frederick Town, included addition of three foot width being part of Lot #215, from Ezra DOLL & w/ Harriet in 1835; (previously to Ezra from George SHULTZ & w/ Sophia in 1833). #2 - Lot on north side of Patrick St in Frederick Town, from John H. McELFRESH & w/ Theresia in 1841; located at SE corner of 2-story dwelling owned by Mrs. Mary OTT and by tannery of Gideon BANTZ; (previously to McElfresh from Henry McELFRESH). #3 - Lot fronting W. Church St in Frederick Town, adjoining lot of Christian SEIGMAN (formerly Abraham CHASE's); from Susan DUFFIN (a free colored woman) in 1830 (previously to Duffin from Peter SOWERS in 1826). #4 - Lot w/ house and tan yard in Frederick Town, from Peter SOWERS (w/ Pamelia) in 1829 (previously to Sowers from George BAER Jr in 1807). #5 - Lot located at SW corner of William HOFFMAN's lot and on east side of Bentz St to Church St and at SW corner of Methodist Episcopal Church lot; from Lewis RAMSBURGH & w/ Susan B. in 1836 (previously to Ramsburgh from Lenox(?) MARTIN in 1794). #6 - "Long Acre", 10 acres, being part of "Taskers Chance"; located next to lot of Richard MARSHALL and land of heirs of Stephen RAMSBURGH; from Daniel BENTZ & w/ Mary E. of Frederick city in 1836. #7 - Lot #4 of "Resurvey on Tuscarora", 230 acres, located along New Cut Road leading from Frederick Town through Hamburgh on the mountains and next to Lot #3 of Nicholas HOLTZ from William F. JOHNSON and w/ Elizabeth in 1853 (previously to Johnson from Philip REICH and wife in 1847). All the lands were in Frederick County except a slate quarry on the railroad near Ijamsville which Bantz may not have owned and is not listed above (the latter per testimony of Uriah S. BANTZ). Guardian for Peter Sowers BANTZ was E. C. LYONS of Piedmont, VA. Testimony was heard from Uriah S. BANTZ in Jun 1855 who knew all the parties and their wives since their marriages and provided maiden names of wives; at that time Peter S. BANTZ lived in Frederick County and Catharine & Henry G. DAVIS lived in Allegany Co, MD. Two of the sons elected to take property at valuation. Gideon BANTZ, eldest son, elected to take Exhibits #6 & 7 at valuation of the commissioners. William S. BANTZ, 2nd son, elected to take Exhibits #3 & 4 at valuation of the commissioners. Trustee to sale remainder of property was Gideon BANTZ (Jr) with sureties as William TYLER and Uriah S. BANTZ. Sale was held on 27 Feb 1856 at Shank's Hotel in Frederick, high bidders were: - Tyler DAVIS for House & Lot on Patrick St at $1566; then occupied by Mrs. Georgiana SCHLEY - John R. NICHOLS for house & Lot on W. Patrick St at $1,578; then occupied by Frederick SCHLEY - William S. BANTZ for Lot on West Church St at $872; then occupied by James W. McDERMOTT - Henry LORENTZ for Lot on Bentz St at $399.01; then occupied by William S. BANTZ - William S. BANTZ for barn and lot on corner of Bentz & Fifth St at $325 - James W. LUGENBEEL for house and lot on W. Church St at $925; then occupied by Frederick NELSON, esquire, as a law office - No bid for house and lot at intersection of W. Church St & Bentz St Total sales, $5,665.01 Distribution: court costs, $359.74 - each 1/8 share to the children, $663.15 2nd Audit Report of Valuation of property - taken by Gideon BANTZ Jr - $2,083.26 - court costs, $7.17 - each 1/8 share to the children, $259.51 3rd Audit Report of Valuation of property - taken by William S. BANTZ - $7,250 - court costs, $7.17 - each 1/8 share to the children, $905.35 Filed 8 Jul 1856.
ES-3, 627-640 - MYERS, SMITH, BIRELY, DOLL, STEINER, RAMSBURG - Apr 1856
John J. SMITH vs Hiram E. SMITH et al John MYERS, dec'd (Will written 17 Jan 1824; filed 19 Jan 1824) mother/ Ann Margaret MYERS sis/ Charlotte BIRELY ........William BIRELY bro/ Israel MYERS ........Mary (Israel's eldest daughter)* sis/ Ann Mary w/o Jacob DOLL Land - "Shiverstat", 27 acres, (part of "Taskers Chance"), (to John MYERS from Israel MYERS).* - "Puzzlesome Corrected", 20 acres, (to John MYERS from Solomon STALEY).* - "Puzzlesome Corrected", 28 acres, (to John MYERS from Jacob STALEY in 1820) (western part next to Dr. William Tyler to bro/Israel & southern part to sis/Charlotte) - "Mendricks Fancy", 50 acres, (from Richard POTTS and w/ Ann L. to William BIRELY in 1817 and to John MYERS from Will of William BIRELY in 1821) (Willed by John MYERS to his sister Charlotte BIRELY). - Lot #342 in Frederick Town (Western half Willed by John MYERS to his sister Charlotte BIRELY, and then to her son, William; southern half, except for weaver's shop, to his mother, then to bro/Israel and sis/Ann Mary). Signed - John MYER Execs/ mother, bro/Israel & bro-in-law/Jacob DOLL. Witnesses: George ROHR, Nicholas LEASE, Philip ROHR *Mary (MYER) SMITH d/ 29 Aug 1842, intestate, w/o Ezra SMITH (d/ 14 Sep 1842) d/o Israel MYER, dec'd s/ William Edward SMITH s/ Hiram Ezra SMITH, a minor d/ Henrietta Rebecca SMITH, a minor s/ John Thomas SMITH, a minor In Nov 1855, William sold his interests to John J. SMITH. Guardian was John A. LYNCH. Testimony was heard from George SMITH regarding full names of children and dates of death for Ezra & Mary and was previous guardian of her children. Also testifying was George DERTZBAUGH. Trustee for the sale was George SMITH with sureties as Christian SMITH and George K. SHELLMAN. On 12 Jul 1856, public sale was held at the City Hotel in Frederick Town; high bidders were: - Jacob STEINER for 27 acres at $5,115 - William H. RAMSBURG for 20 acres $1,117.25 Total sales, $6,232.25. Distribution: court costs, $317.07 - each 1/4 share to Mary & Ezra's children, $1,478.79; however, William's share went to John G. SMITH as noted above. Filed 3 Sep 1856.
ES-3, 640-652 - FORREST, WOLFE, HAYNES, GRIMES - Feb 1856
Samuel WOLFE, adm/of David A. FORREST vs Solomon FORREST, adm/of John J. FORREST et al John O. FORREST d/ 1852 intestate widow - Mary Anne d/ Celestia Ann FORREST, a minor David A. FORREST d/ 1852 widow - Lovinah s/ David FORREST, a minor Land - conveyed to John & David FORREST - "Three Mill Seats, 52 acres, from John BUSSARD & w/ Susanna in 1849 (witnessed by William D. BUSSARD and William TOMS). Guardian appointed was Solomon FORREST; trustee for sale was Samuel WOLFE with surety as Jacob WOLFE. On 17 May 1856, sale was held in Wolfsville, high bidder was Jacob WOLFE Sr at $186.37. On 4 Sep 1856, John HAYNES testified the widow Mary Ann was 27 years old and Lovinah was 24 years old and both in good health. Distribution of $186.37: court costs, $86.62 - Wm. H. GRIMES, assignee of Henry McHENRY, his claim in part, $49.87 - Samuel WOLFE, his claim in part, $49.87 Filed 21 Jan 1857.
ES-3, 652-675 - ZEILER, BRENGLE, HARMAN, BOYER, SCHLEY, ENGLEBRECHT, KOONTZ, KOLB, SLAVE, LEASE, HIMMEL, DOLL, BLUGROVE, STEINER - Mar 1856
Lawrence J. BRENGLE & Others vs Eleanor ZEILER & Others Henry ZEILER (Will written 28 Dec 1819) s/ George ZEILER* d/ Elizabeth (ZEILER), now dec'd w/o John BRENGLE, dec'd ..........Lawrence J. BRENGLE & w/ Eliza ..........Eva Margaret w/o Edward SCHLEY ..........Ann M. w/o George ENGELBRECHT ..........Daniel BRENGLE, dec'd -----------Virginia BRENGLE -----------John William BRENGLE, a minor -----------Robert BRENGLE, a minor -----------Fanny BRENGLE, a minor d/ Margaret (ZEILER) (d/ Mar 1856) w/o Jacob HARMAN ..........Maria w/o Godfrey KOONTZ ..........Ann Margaret w/o Wilson W. KOLB d/ Ann Maria (ZEILER) BOYER - Kentucky s/ Adam ZEILER, dec'd ..........Louisa ZEILER ..........Ann Maria ZEILER ..........Elizabeth ZEILER Land - to Henry ZEILER - "Stumbling Block", to Henry ZEALER from Michael WHITMORE (w/ Catharine) in 1793 (previously to Whitmore from Benjamin LOUNDER in 1792); except for 1 acre conveyed to Michael RAYMER by Whitmore in 1792; also "Resurvey on Meadow", (conveyed to Michael WHITMORE by Michael RAYMER in 1792). - Lot on "Taskers Chance", from Baker JOHNSON (w/ Catharine) in 1805 in exchange for a new waggon; lies on road leading to Johnson's Mills; has 1-story brick house, barn & smith shop. - "Pipe Meadow" and "Resurvey on Meadow", 8 acres, from Richard POTTS in 1795 (previously to Potts from Michael RAYMER); adjoins "Stumbling Block" and land of James BEATTY. SLAVES - negro boy, LLOYD (to d/ Elizabeth BRENGLE) Exec/ son-in-law, John BRENGLE (his eldest son, Lawrence J. BRENGLE was appointed to replace him after John's death) Witnesses: Jacob MARKELL, George HAUER & P. MANTZ (The names of the children and grandchildren of Elizabeth and Margaret were not listed in the Will.) George ZEILER* d/ (Will written 9 Jan 1827) .....widow - Barbara s/ Henry ZEILER (d/ after his father, intestate, no issue) widow - Eleanor d/ Catharine (ZEILER) w/o Nicholas LEASE, dec'd ..........George H. LEASE ..........Harriet (LEASE) BLUGROVE, a widow ..........Edward LEASE ..........Ezra LEASE - Washington, DC .....2nd h/ John D. HIMMEL - Baltimore City ..........Catharine M. HIMMEL, now w/o John MARTIN - Baltimore City ..........Jacob E. HIMMEL - Baltimore City ..........John HIMMEL, a minor - Baltimore City d/ Harriet (wife's daughter) wid/o Ezra DOLL Land - to George ZEILER - "House's Addition", from John BRUNNER (5 1/2 acres) in 1798 and from James SMITH (1 3/4 acres) in 1800. - Blacksmith tools to son Henry Exec/ brother-in-law, John BRENGLE Witnesses: Jacob MARKELL, Henry BANTZ Jr & Valentine J. BRUNNER Guardian was Charles COLE. Testimony was heard from James BRUNNER and Jacob HIMMEL. Trustee for sale was Lawrence J. BRENGLE. On 23 Aug 1856, public sale was held at the City Hotel in Frederick, high bidder was: - John STEINER and Francis STEINER for all of Henry ZEILER's property (9 acres total) at $2,400 - John KREH for crop of grain at $42.50 Note - Land was subject to removal of a corn house by Wilson W. KOLB. It was located on the corner of public road leading to the lime kiln and by road from Frederick to Weaser/Weaver's Mill. Distribution of $2,442.51; court costs, $254.55 - Harriet DOLL, 1/2 of 1/3, $364.65 - children of Catharine LEASE HIMMEL, 1/2 of 1/3, $364.65 divided equally among her seven children ($52.09 each) - Lawrence J. BRENGLE, 1/4 of 1/3, $182.32 - E. M. SCHLEY, 1/4 of 1/3, $182.32 - Ann M. ENGLEBRECHT, 1/4 of 1/3, $182.32 - children of Daniel BRENGLE, dec'd, 1/4 of 1/3, $182.32 each of the four children received $45.58 - Margaret KOLB, 1/2 of 1/3, $364.65 - Maria KOONTZ, 1/2 of 1/3, $364.65 Filed 24 Oct 1856.
ES-3, 675-695 - EBERT, RAMSBURG, BANTZ, COLE - Mar 1855
EBERTS vs EBERTS John EBERT, dec'd (Will written 15 Mar 1851) s/ William E. EBERT d/ Ann Rebecca w/o Jacob RAMSBURG s/ Benjamin EBERT s/ Augustus F. EBERT d/ 5 Nov 1836 ...widow - Elizabeth M. .............Octavius A. EBERT .............Maria L. EBERT, a minor .............Augustus EBERT, a minor s/ Valerius EBERT s/ John M. EBERT Execs/ sons Valerius and John M. EBERT Witnesses: M. B. LUCKETT, Jacob ENGELBRECHT and George BECKENBAUGH Will contained a provision that Ann Rebecca's husband was not to receive any monies. Land - Lot #3 in "Bentz Town" ("Addition to Frederick Town), from Rachel STEINER in 1854 (previously to Steiner from Henry KOONTZ in 1827 and part to Steiner from John C. FRITCHIE in 1827). John EBERT and his son Augustus were in business t/a John Ebert & Son. The property was to John EBERT & Son; therefore John and Augustus were tenants in common even though it was paid for by John EBERT. Augustus took over the property and lived there with his family until his death and then his widow and children lived there and also rented the property. Claim is made for 1/2 of rents due and expenses for repairs paid by John EBERT. Guardian was Urias S. BANTZ who claimed the expenses claimed were accrued more than three years ago and are barred due to the statute of limitations. The widow of Augustus claimed no rent was ever charged to them during the lifetime of John EBERT and denies liability. Testimony was heard from George METZGER and Michael BROMETT, the latter being a tenant of the widow. Also testifying was Joseph P. FLEMING who also claimed to have been a tenant thru the widow's agent, Gideon BANTZ. William S. BANTZ also testified and claimed that the child Maria EBERT has reached the age of 21 within the last two months. This dated 26 May 1856. The court ruled the claims were valid, using the Will in making their decision ("balance" of John EBERT's estate was devised to his two sons, Valerius and John M. EBERT); trustee appointed was E. Louis LOWE with surety as A. N. LOWE. On 25 Aug 1856, sale was held at the City Hotel in Frederick, high bidder was William G. COLE at $2,250, free of dower. Distribution: court costs, $199.89 - Valerius EBERT, 1/2 of 1/2, $521.90 - John M. EBERT, 1/2 of 1/2, $521.90 - Valerius & John M. EBERT, 1/2 of rents, $180 - Elizabeth M. EBERT, in lieu of dower, 2/15 of 1/2, $139.17 - each of Augustus EBERT's three children received $241.54 Filed 1 Nov 1856.
ES-3, 695-702 - YASTE, PICKING, EYLER, DORSEY, RHODY - May 1855
Abraham RHODY vs John B. PICKING Catharine YASTE d/ intestate She left no known heirs. Land - "The End of Strife", 1 acre, House & Lot near Mechanics Town; from J. James MATHEWS, exec/of Philip MATHEWS. - "Bald Eagle Nob", 13 acres, mountain land near Mechanics Town; by warrant to Philip YEAST in 1797. Administrator was John B. PICKING with sureties as Ezra SHANK and John NEED. Trustee was John B. PICKING with sureties as Henry BLACK and G. EICHELBERGER. On 24 Nov 1855, sale was held at the hotel of Michael DORSEY in Mechanics Town; high bidders were: - David EYLER for house & lot at $150.50 - Michael DORSEY for mountain tract at $78.81 Total sales, $229.31. Distribution: court costs, $109.22 - various creditors, $51.09 - to trustee for future order of the court, $69 Filed 19 May 1856.
ES-3, 702-744 - TAYLOR, JOHNSON, KOONTZ, KEEFER, LORENTZ, ROGERS, LEWIS, WHEATLEY, BALL, HYATT - Oct 1855
Allen G. QUYNN & John Alfred RITTER vs Susan A. R. TAYLOR & Others Griffin TAYLOR d/ 1855 intestate widow - Susan A. R. and 9 children - Elizabeth Leigh (Taylor) w/o Dr. Richard P. JOHNSON - Missouri - Alexander McComb TAYLOR - San Francisco - Francis Dzrerozyuski TAYLOR, a minor - Robert Mackall TAYLOR, a minor - Eugene Augustus TAYLOR, a minor - Charles James TAYLOR, a minor - Ann Virginia Corinne TAYLOR, a minor - Griffin Ewel TAYLOR, a minor - Victorine Chelton TAYLOR, a minor Land - "Supply", 12 acres (to Samuel BEALL in 1756), lies on east side of Monocacy above Bush Creek; and "Araby", 47 acres, also lying on the Monocacy, next to land of Col. TAYLOR and Daniel and Edward BAKER; both from William J. ROSS as trustee for John McPHERSON and w/ Fanny R. in 1847. - "Wet Work", 512 acres, from William J. ROSS, Madison NELSON and James M. HARDING, as trustees from equity suit against James M. HARDING; next to land of Henry SMITH (to him from James MARSHALL) and Arthur SHAFF (to him from James MARSHALL in 1801); exception for part conveyed to Daniel BAKER and Edward BAKER. - "Arcadia", 656 acres, lies on both sides of the Monocacy, from John McPHERSON, as trustee for John BRIEN, in 1835 (previously to John BRIEN from John McPherson BRIEN & w/ Isabel Ann in 1833 and, prior to that, to John McPherson BRIEN from Mary SHUFF, William MABERRY and Roger B. TANEY, as exec/of John P. Mc. SHUFF in 1826). - "Araby Farm", 260 acres + 41 acres of woodland on the east side of the road; located on road from Frederick Town to George Town; by Article of Agreement from James W. BAUGHER, trustee of Oscar BAUGHER in 1852. On 7 Jun 1845, Griffen and wife made a Deed of Trust to Bushrod TAYLOR of Winchester, VA for one portion for security of Province McCORMICK of Clarke Co, VA & bond by McCORMICK to Mrs. Nancy TAYLOR, widow of Even TAYLOR, and mother of Griffen TAYLOR. Bushrod TAYLOR is now deceased leaving William TAYLOR of Berryville, Clarke Co, VA as his heir. In 1851, William M. MERRICK, formerly of Frederick City, but then of Washington City, DC, was made trustee to replace Bushrod TAYLOR. The land in Deed of Trust was "Arcadia", on both sides of the Monocacy River and of the Baltimore & Ohio Railroad near Frederick Town; it totaled 856 acres, 676 of which was purchased from John BRIEN, 132 acres from HARDING's heirs and 48 acres from McPHERSON. The administrator was the widow; guardian was Henry LORENTZ for the Frederick County minors and Daniel ROGERS was appointed guardian at Mare Island, CA for Alexander TAYLOR of San Franciso, CA. On 10 Dec 1855, Godfrey KOONTZ testified the widow was 46 years old and her general health was good except for a nervous depression of spirits under which she has labored for some time, suppedly an affliction in her family. Trustees were Godfrey KOONTZ and Michael KEEFER with sureties as E. S. DELASHMUTT, Thomas H. O'NEAL and Calvin PAGE. On 8 Mar 1856, sale was held at the City Hotel in Frederick; high bidders: - Lloyd HYATT of Middletown, T. A. BALL and J. F. WHEATLEY of George Town, DC, for "Araby Farm" (est 261 acres) at $77/acre; located 3 miles south of Frederick with a large 2-story brick mansion house, a stone tenant house, blacksmith shop, large Switzer barn, corn crib, smoke house, ice house, running water in every field, a pump and fountain in barn yard and a large iron ore bank. - Lloyd HYATT of Middletown, T. A. BALL and J. F. WHEATLEY of George Town, DC, for the Clifton Farm (est 300 acres) at $66.75/acre; has 2-story brick house and kitchen, good frame barn & corn crib, surrounded on three sides by the Monocacy River. - Jacob LEWIS for Wood Land (est 50 acres) at $13/acre Previously, Griffin had sold "Supply", 12 acres, to Jacob SCHALL. Lloyd H. HYATT was discharged from his obligation as one of the purchasers. Total acreage for Clifton Farm was 302 acres, for Araby Farm, 254 acres. Distribution of $40,485.60; court costs, $1,769.59 - Godfrey KOONTZ as trustee for Mrs. Nancy TAYLOR, $13,000 - Godfrey KOONTZ as trustee for Mrs. Nancy TAYLOR, $14,732.60 - Mrs. Susan A. R. TAYLOR, 1/8 of $25,750, $3,219.12 - various creditors, $1,507.64 - Mrs. Nancy TAYLOR for note, $12,420 - Mrs. Nancy TAYLOR for interest, $1,957.86 - children of Griffin TAYLOR, each 1/9, $627.77 An overage of interest to Mrs. Nancy TAYLOR caused a decrease to her of $1601.53 which was divided among the nine children. Filed 28 Oct 1856


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