Equity Court Abstracts

Book HS-3 - 1825-1838

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]

HS-3, 1-13 - SMITH, RIFE, WEISE / WISE / WHITE, OTTER, SLUSS
George WINTER vs George M. WEISE - Sale of Real Estate - Feb 1836 George SMITH, dec'd (Will written 8 May 1793) s/ John SMITH d/ intestate, leaving .....David SMITH and w/ Mary - Bedford Co, PA .....Sophia SMITH, now w/o Jacob RIFE - Emmitsburg John inherited 1/6 part of 139+ acres from his father. LAND - "Second Resurvey on Cattail Branch", 139.25 acres; being an undivided 1/6 part containing 23.25 acres laid out for John SMITH. To Jacob WISE from Jacob RIFE (w/ Sophia) at $1,400 in Sep 1815. Other half to Jacob WHITE from David SMITH (w/ Mary) of Bedford Co, PA t $255.75 in Apr 1830. Jacob WEISE (also spelled WISE, WHITE, WINTER) d/ intestate s/ George Michael WEISE (age abt 7) Guardian was George WINTER. Commissioners were Doctor Jefferson SHIELDS, Lewis MOTTER and Samuel BAUMGARDNER, to determine if property could be rented out until the minor child became of age or, if in such disrepair, would better be sold and monies invested for the minor child. Guardian appointed was William OTTER. Trustee was Richard H. MARSHALL. SALE was held in Emmitsburgh at the tavern of David AGNEW; high bidder was: - Michael SLUSS? at $1,413.60 Distribution: - Guardian received for the minor child, $1,309.72 Closed 12 Aug 1836. (Note - problem with reduced pages started before page 14.)
HS-3, 14-29 - KELLER, KUNKLE, STAUFFER, REICH, BARTGIS, EADER, CAUBLY - Jan 1836
John KUNKLE, pro chien ami for C.J. KELLER and others vs Jonathan KELLER and others Frederick KELLER, dec'd widow - Catharine and 4 minor children, - Charles John KELLER - Dewit Clinton KELLER - Eugenia KELLER - Elizabeth KELLER Land sold in 1834 - to Joseph STAUFFER, 140 acres, (Frederick KELLER's residence) at $3,815; - Catharine KELLER, 59 acres at $767, where she lived and used as a tavern, lies 2 1/2 miles east of Frederick, adjoining the Frederick and Hagerstown Turnpike; - to Philip REICH, 3+ acres at $136; all conveyed from Jonathan EADER, trustee, for the estate of Frederick KELLER. Catharine KELLER died in Sep 1835, intestate, leaving the same minor children. She also possessed 1/8 of an undivided 10 acres, from her father's estate; lies on south side of Baltimore and Hagerstown Turnpike and opposite Mrs. Dorcas COOKERLY's White Tavern, about 2+ miles east of Frederick. Guardian was Mathias E. BARTGIS; trustee was Jonathan EADER; on 5 Mar 1836, at the tavern of John DILL, sale was made to Samuel CAUBLY and Samuel DUEN at $2,100. The one undivided eight part of the ten acre lot was sold to Philip REICH at $60. Each 1/4 share was $494.93; finalized 9 Jun 1836.
HS-3, 29-40 - RIGHTER, CRONISE, STIMMELL, RHINEHART, WARING - Jan 1837
Jacob CRONISE vs Susan RIGHTER - Sale of Real Estate Anthony RIGHTER d/ Oct 1836 intestate, leaving d/ Susan RIGHTER, a minor Land - Small Gains", Lot #2, < 1 acre, to Jacob CRONISE and Anthony RIGHTER, as tenants in common, by deed from Henry WARING and w/ Millicent of Montgomery County in Sep 1835; lies on southeast side of Baltimore and Ohio Railroad and northwest of the road from Frederick Town to NOLAND's Ferry and next to "Addition to Carrollton". Guardian was James RAYMOND. Testimony was given by Joseph STIMMELL; trustee was Nicholas H. PITTS. On 15 Apr 1837, sale was made to David RHINEHART at $208. Jacob CRONISE and Susan RIGHTER each received $112.73; finalized 15 Jun 1837.
HS-3, 40-52 - KLINHART, SIMPSON, DILL, SLAVE, HARDING, SANDERSON - Feb 1836
Lewis SIMPSON and others by Joshua DILL, pro ami - Petition to Sell Francis KLINHART died in Frederick Town, testate s/ Frederick KLINHART d/ Wilheminia w/o Thomas SIMPSON d/ Mary DILL (residue of estate to her heirs) son-in-law - Joshua DILL (household goods for the use of Wilheminia, but for safekeeping from her husband's debts) SLAVES - negro woman SALLY (age 38), to be freed for her faithful service. To be buried at English Presbyterian Church. LAND - To purchase a house and lot in Frederick Town for son Frederick to live in, then be divided amongst his children upon his death. - Lot #126 (62x195) in Frederick Town to daughter Wilheminia, then be divided amongst her children upon her death, repairs to be made (to Klinhart from Henry HOFFSTATLER in 1807). - Lot in Frederick Town adjoining the burying ground of the English Presbyterian Church, from Clarissa STEINER. - Lots #335 thru 340 in Frederick Town, from Martin WALTZ in 1797; to be sold at public sale. Executors were Joshua DILL and Henry BANTZ Jr. Witnesses: G. M. EICHELBERTER, Frederick NUSZ, John McDONALD. [Will written 24 Jul 1827; filed 20 Sep 1827] ---------- Thomas SIMPSON d/ Jan 1835 w/ Wilhelmina (KLINHART) d/ Jan 1835 (after husband), leaving 3 minor children s/ Lewis SIMPSON d/ Julian SIMPSON s/ Samuel SIMPSON Guardian was James M. HARDING. Trustee was John DILL. SALE was held Feb 1836; high bidder was: - William R. SANDERSON at $530 Distribution: - Joshua DILL, as guardian for the minor children, balance, $415.14 Filed 5 May 1836.
HS-3, 52-65 - MAGRUDER, CASTLE, PRICHARD, MARTIN, SIFFORD, BECKENBAUGH - Mar 1836
Phineas PRICHARD vs Elias L. MAGRUDER and others - Title Land - "Christy's Folly", 1 acre, next to "Oxford"; and "Oxford", next to George STOTTLEMYER's land to road leading from Kittoctin Birzo? to Shoulesburgh, then to road to John MARSHALL's line; conveyed from John BECKENBAUGH in 1823. In an 1824 agreement, John R. MAGRUDER and Thomas CASTLE, as tenants in common, agreed to sell 6 acres, previously in the possession of Henry MARTIN, to Phineas PRICHARD. John R. MAGRUDER d/ Dec 1829, leaving children, - Elias L. MAGRUDER - Out of State - Edward MAGRUDER - Elizabeth MAGRUDER - John A. MAGRUDER - Henry MAGRUDER - Hezekiah MAGRUDER - Sarah Ann MAGRUDER On 14 Jul 1837, testimony was given by John SIFFORD; commission was to appoint a trustee to make deed to Phineas PRITCHARD; closed Feb 1837.
HS-3, 65-89 - BISER, SLIFER, GAVER, WILLIARD, KELLER, MOTTER, FLOOK, SHAFER, RAMSBURG, KEMP, DAMON, MILLER, CLAGETT
Tilghman BISER vs Samuel SLIFER and Others - Feb 1836 Daniel BISER SR. died testate w/ Elizabeth s/ Jacob BISER s/ John BISER s/ Daniel BISER (See HS-2, 414-439) d/ Mary GAVER d/ Catharine WILLIARD d/ Elizabeth KELLER d/ Susannah MOTTER d/ Esther FLOOK d/ Eva SHAFER Land - "Surveyor's Industry", 79+ acres (to son Jacob); - "Surveyor's Industry" (?), 140+ acres, where son John now resides (to son John); - "Surveyor's Industry" (part remaining) and "The Nipple" (to son Daniel); - land from Michael EASTERDAY (to dau/ Mary). Executors: sons Jacob and John. Witnesses: Henry BURKITT, Philip FINK, Jacob SLIFER, Eli JAMES and George FREISE. Jacob BISER and John BISER presented the will. [ Will written 13 Aug 1817; filed 20 Oct 1817] ---------- John BISER d/ 8 Aug 1835 intestate, leaving widow - Lydia and 5 children, s/ Tilghman BISER d/ Sally (Biser) w/o Emanual SLIFER s/ John G. BISER, a minor s/ Thomas BISER, a minor d/ Mary BISER, a minor Administrator was Tilghman BISER. LAND - "Forrest of Needwood", 10+ acres, from John Dawson GARROTT (w/ Priscilla) in 1807 (to him from Mary GATES in 1809 for 22 acres); - "Alexandria", 150+ acres, to Daniel BISER from Enos GARROTT (w/ Eleanor) in 1804; - "Sword's March" and "Fielderea Manor", 43 acres, from Thomas John CLAGETT (w/ Sophia) in 1821 (which he received from his father, Thomas John CLAGETT Sr. of Prince George's County), lies next to "Resurvey on Merryland"; - "The Two Sisters", 84+ acres, from Esther DAMON*; except for one acre already sold to Solomon FINK (deed also appears to have been signed by Mary Gertrude KEMP). Also, 3 1/2 acres of same tract from Susannah MILLER in 1830. *Christian KEMP died with a will written 7 Nov 1789, leaving land, "Kemp's Long Meadow" and "Kemp's Content", to his two daughters, Esther and Susannah. They had the two tracts resurveyed into one tract in 1792 and renamed it "The Two Sisters", containing 169 acres. Guardian was Daniel S. BISER. Testimony was heard from Henry MILLER on 2 Mar 1836. Trustee was Tilghman BISER. SALE was held 28 Mar 1836 at William KNOX's(?) tavern in Burkittsville; high bidders were: - Henry SHAFER for the farm where John BISER had resided, containing 193+ acres, at $11,036.02 - Isaac RAMSBURG for 84+ acres at $4,228.38 Total Sales, $15,264.40. On 3 Mar 1836, Lemuel/Samuel SLIFER Sr. testified he knew Lydia BISER, the widow, and she was 52 years old. Distribution: - Lydia BISER, widow, 2/17 in lieu of her dower, $1,851.73 - John BISER's children, each 1/5 share, $2,777.60 Closed 9 Jun 1836.
HS-3, 89-152 - BEALL, SWEARINGEN, WILLIAMS, GRIFFITH, AYDENLOT, EDWARDS, TURNER, SLAVES, SPRIGG, BENTLY, LYLES, GRAFF, McPHERSON, JOHNSON
Tabitha SWEARINGEN of Mason Co, VA vs Estate of Otho SPRIGG - Mar 1825 In 1779, Joseph BEALL had sold "Fat Oxen", 293 acres to Charles BEALL, the former husband of Tabitha SWEARINGEN. Charles BEALL d/ 1790 w/ Tabitha (Beall) and 6 children, 1/ Priscilla (Beall), dec'd w/o Edward O. WILLIAMS - VA .....d/ Eleanor WILLIAMS (d/ Jan 1820) w/o Cornelius GRIFFITH . . . . . their 2 children - Alexandria, DC . . . . . Edward Cabell GRIFFITH, a minor . . . . . Eliza GRIFFITH, a minor .....d/ Eliza WILLIAMS (d/ Mar 1819) w/o Benjamin AYDENLOT . . . . . (child) - Corydon, IN . . . . . Eleanor Priscilla AYDENLOT, a minor .....s/ Charles B. WILLIAMS (d/ abt May 1825) - VA . . . . . Lydia WILLIAMS, a minor . . . . . Edward O. WILLIAMS, a minor . . . . . Rawleigh WILLIAMS, a minor . . . . . Priscilla E. WILLIAMS, a minor 2/ Susanna (Beall), now w/o Headon EDWARDS - KY in 1800 3/ Asa BEALL - KY in 1800 4/ Betsy (Beall), now w/o Richard TURNER - Montgomery Co in 1801 5/ Bysey BEALL d/ betw 1783-1790, no issue 6/ Sarah BEALL d/ betw 1783-1790, no issue SLAVES - negroes: - GAMBIA?, JACOB, BOB (to wife; but to be sold after wife's death); - FLORA and her d/ MILLA (to d/ Priscilla); - HANNAH and mulatto girl PAUL (to d/ Susannah); - lad JOHN and mulatto girl CATE (to s/ Asa); - lad LON/LEN and child BETT (to d/ Betsy); - girl LUCE? (to d/ Bysey); - girl DELLA and boy NAT? (to d/ Sarah). He appointed Hardage LANE of Virginia and Alexander CULBRETH (or/ CATLETT) of Montgomery County, Maryland to sell the Montgomery lands; however, they never made the sales and have since died. The proceeds were to be used to purchase land in the "back lands" of Virginia and be divided among his children. (Spouses and grandchildren not listed in will.) Executrix was his wife, Tabitha. Witnesses: Ninian BEALL, Joseph BEALL, James KENDALL [Will written23 Oct 1783; filed5 Mar 1790] In 1791, Tabitha, along with Joseph BEALL, made agreement to sell the 314 acres to Thomas SPRIGG. ---------- Joseph BEALL (s/o Ninian) d/ 1799, testate widow - Rachel and 2 children, d/ Tabitha BEALL ...her younger daughters (not in their father's will) .....Attariah BEALL .....Zeriah BEALL .....Charlotte BEALL s/ Nathan BEALL - KY in 1800 LAND - "Lost and Found", and land lying on the East side of Bennett's Creek (except widow Rachel to have the Old Meadow for her life estate). Nathan to have widow's estate after her death and the undivided residue from the other tract. Executors were the widow, daughter, grandson Asa BEALL and friend Elisha BEALL. Witnesses: James KENDALL, James BREADY, William KENDALL, John PETER. [Will written 25 Apr 1798; filed 28 Oct 1799] In 1800, Nathan BEALL, Susannah and Headon EDWARDS and Asa BEALL sold their shares to Thomas SPRIGG. In 1801, Elizabeth and Richard TURNER sold their share of "Marry Makes One" to Thomas SPRIGG; lies next to "Fat Oxen" and "This Is The Way" (surveyed for Elisha BEALL in 1786) and the dividing line between land of Joseph BEALL, Tabitha BEALL and Elisha BEALL. Also, 1/4 share of "Choice Improved Resurvey" & "Margaret's Delight" (surveyed for Margaret TURNER in 1769). Capt. Thomas SPRIGG d/ summer of 1810, intestate widow - Lucy Belt SPRIGG (d/ abt May 1826) d/ Lithania, dec'd w/o John SPRIGG - Montgomery County ...their 6 children, .....William SPRIGG .....Martha Elizabeth SPRIGG, a minor .....Randolph SPRIGG, a minor .....Jane SPRIGG, a minor (d/ abt Apr 1826) .....Ann Maria SPRIGG, a minor (d/ aft May 1826) .....Edward Thomas SPRIGG, a minor (d/ aft aft May 1826) s/ Otho SPRIGG (d/ bef his mother), leaving ...w/ Ann W. and 6 mnior children, .....Thomas O. SPRIGG .....Elie Dorsey SPRIGG .....Sarah Ann SPRIGG .....Singleton SPRIGG .....Elizabeth SPRIGG .....Columbia SPRIGG d/ Harriet w/o Eli P. BENTLY d/ ________ HURSTONS*, dec'd, leaving two children .....Maria w/o Marcus Y. GRAFF .....Juliet w/o Robert LYLES - Montgomery County Administrator was Otho SPRIGG. Spriggs Land - "I Am Loser Still", 496 acres, from Willilam Murdoch BEALL (w/ Mary) in 1790; - "Resurvey on Hope", from Thomas DARNELL in 1793 to establish property lines (granted to Richard BENNETT in 1723); adjoins previous tract. - "Resurvey on Fat Oxen", 53 acres, from Jeremiah LINTON (w/ Ruth) in 1802 (Jeremiah was son & heir of Samuel LINTON). Before Otho's death, he had purchased Harriet BENTLY's share and Juliet LYLES' share. Guardian for Lithania SPRIGG's children was Joseph A. JOHNSON; Ann W. SPRIGG was guardian for her children. Trustee was William SCHLEY. SALE was held 30 Sep 1826; high bidder was: - Col. John McPHERSON for an undivided 3/4 share (639 1/2 acres of Otho's part) at $8,956.50, sold free of dower as the widow has died. Distribution: - Tabitha BEALL, lien portion, $1,793.73 - Other creditors were paid Remaining in the hands of the trustee, $6,595.46 Filed 4 Jan 1831. *NOTE - Frederick Co, MD Marriage Licenses - Maria HURSTONS m/ Marcus Y. GRAFF 9 Nov 1818
HS-3, 152-165 - REED, POFFENBERGER, BANTZ, RIGNEY, WALLING, HOGG, FOUT, BRENGLE, KENEGA
Gideon BANTZ as guardian to Heirs of Jacob REED - Jan 1837 Jacob REED d/ bef Jul 1829 intestate, leaving widow - Susanna and 4 children, - Mary Jane REED, a minor - John REED, a minor - Elvina REED, a minor - Isaac REED, a minor In 31 Jul 1829, dower land was laid off for the widow, who later married Jacob POFFENBERGER and died in the Fall of 1836. On 15 Aug 1832, Gideon BANTZ was appointed guardian for the minor children listed above. Land - Widow's dower consisted of Log House and 16 acres, on Baltimore and Frederick Turnpike; - a Log House and lot of 5 acres and 1/2 acre Lot; - Log House and Lot <1 acre; - a full lot fronting Church Street running back to Church Street with a 2-story Stone House (subject to Mrs. FOUTZ's dower) on Patrick Street and a Log House on Church Street. Residue of Jacob Reed's estate consisted of farm, 56 acres; - Log House on wooded lot on Linganore Hill, 34 acres; - House and parts of 2 lots on north end of Market Street; - 2-Story Brick House near Market Street Bridge; - 3 Lots on Market Street, adjoining property of John WALLING, Henry KOONTZ and others. Guardian was William H. RIGNEY. On 20 Feb 1837, testimony was heard from James WALLLING. Trustee was Gideon BANTZ; sale made to Samuel R. HOGG for two-story stone house on Patrick St at $1,035; to Mary FOUT for the south end of the lot fronting Church St with incumbrance of dower at $200; to Alfred BRENGLE for the lot of 5 1/2 acres with log dwelling on the road to Baltimore at $105/acre; to Alfred BRENGLE for the lot of 16 acres on the opposite side of the road at $70/acre; to David KENEGA for the log tenement with 30 perches at $200; total sales was $3,037.50. Each 1/4 share, $718.46; finalized 17 Aug 1837.
HS-3, 166-184 - HENRY, ORNDORFF, FORMWALT, LANTZ, WEBB - Nov 1835
John FORMWALT and Joseph ORNDORFF vs Francis HENRY - Foreclosure Francis HENRY and w/ Elizabeth mortgaged their property with John FORMWALT, Joseph ORNDORFF and Joseph LANTZ as sureties. The Henrys have since moved out of state with debt still due. Land - Lot #6 and 7 of "Fanny's Meadow", from William OURSLER in 1824, runs to NE corner of Cherry Alley, the turnpike road leading from Westminster to Taneytown and Union Alley. - also Lot #5 from Nicholas OGG, purchased by Joseph ORNDORFF by judgment sale against Francis HENRY and Joseph LANTZ in Sep 1835. Trustee was Joseph ORNDORFF. SALE wash held 22 Oct 1836; high bidder was: - George WEBB for dower rights of Lot #5 at $1.25 - George ORNDORFF for Lots #6 and 7 at $1,700 Distribution: ; after debts: - Francis HENRY, $465.04 Filed 16 Mar 1837.
HS-3, 184-234 - SMITH, McPHERSON, BRIEN, TYLER, JOHNSON, PRICE, ROSS, etc
John, Horatio and Edward B. McPHERSON vs Wm. S. McPHERSON & Others - Jan 1830 James SMITH, merchant, d/ c1803 intestate, leaving only heir, d/ Sarah (d/ Jul 1821) w/o Col. John McPHERSON (d/ Nov 1829) - their 8 children, ...1/ John McPHERSON Jr. (trustee for brother James) ...2/ Horatio McPHERSON (d/ before May 1837) ...3/ Edward B. McPHERSON ...4/ James S. McPHERSON (declared insolvent) ...5/ Harriet, d/ Apr 1826 intestate, w/o John BRIEN . . . . . Robert Coleman BRIEN . . . . . John McPherson BRIEN . . . . . Henry Augustus BRIEN . . . . . Edward BRIEN, a minor (not shown in distribution) . . . . . William Coleman BRIEN, a minor . . . . . Harriet BRIEN, a minor (not shown in distribution) ...6/ Robert G. McPHERSON, d/ 1824 intestate, leaving . . . .w/ Maria (now w/o William Bradley TYLER) . . . . . Catharine McPHERSON, a minor . . . . . Robert G. McPHERSON, a minor . . . . . John Hanson Thomas McPHERSON, a minor ...7/ William S. McPHERSON ...8/ Alexander McPHERSON, d/ Feb 1825 intestate, leaving . . . .w/ Matilda and 3 children - Baltimore County . . . . . Catharine McPHERSON, a minor . . . . . John McPHERSON, a minor . . . . . Matilda McPHERSON, a minor In Jun 1821, Sarah and John McPHERSON conveyed to their son, William S. McPHERSON, a house and lot in Frederick Town; and to son Alexander, real estate which he later sold to Worthington JOHNSON. Lands of James SMITH which descended to his daughter - - Lot #159, 160 and 161 in Frederick Town, fronting south side of All Saints Street and continuing on west side of Market Street, from Eleanor CHARLTON, exec/of Arthur CHARLTON in 1773 (1/6 part from Abraham FAW (w/ Mary Ann) in 1791 (to son William for their life estate and care in 1821). - "Resurvey on Locust Level", Lot #31, 77+ acres, from William COOK, esquire of Baltimore and Benjamin DULANEY of Alexandria, VA and Rebecca DULANEY of Newport, Rhode Island, widow of Daniel DULANEY, in 1801; also Lot #32, 11+ acres; Lot #33, 209 acres; and and #34, 132 acres (to son Alexander for the care of his parents); lies on road from Frederick Town to George Town; Lot #32 lies on road from Frederick to Noland's Ferry on the Potomac River. Lots in Frederick Town (numbers not given) lie on West All Saints St and back to South Street; neighbors were George Jacob SCHLEY and Richard POTTS, esquire. - part of Lot #177 and #178 and dwelling house on Market St in Frederick Town, from the son and widow of Jacob MICHAEL, William MICHAEL and Catharine, now w/o Philip Jacob LOTT in 1795. - Lot #22 in Frederick Town, from William KING (w/ Elizabeth Anne) of George Town in the District of Columbia in 1792; except the part conveyed by William THOMAS (s/o Hugh THOMAS) to Doctor Philip THOMAS in 1790). Plantiffs petitioned for sale of real estate and claimed William S. and Alexander had already received their share and should not receive any further part of their mother's estate. Guardian for the Brien children was Benjamin PRICE, esquire; for Alexander's children, William ROSS; and for Robert's children, William Bradley TYLER. Trustees were William S. McPHERSON and Horatio McPHERSON; sales to - Henry NIXDORF for stone house and lot in Bentz Town at $640; - Henry NIXDORF for house and lot near William SMALL's brewery fronting All Saints Street at $301; - Evan CARMACK for lot on South Street at $316. On 17 Mar 1832, another sale held, buyers were - John BRIEN for 5+ acres at $2,122; - Worthington JOHNSON for 18+ acres at $50/acre; - John McPHERSON for unimproved lot on Market Street opposite George W. ENT at $400. Private sales were made to - Samuel MEGAN for lot at "Cannon Hill" on All Saints Street at $100; - William Bradley TYLER for two brick houses and lots on Market Street at $6,750; - William Bradley TYLER for 65+ acres at $65/acre; - John McPHERSON for the Linton Farm, 198 acres, adjoining the lands of Elisha BEALL, John MONTGOMERY Zadock FOWLER, at $1,080; - Henry NIXDORF for 80 acre farm on Bennett's Creek for $400, adjoining the lands of Richard JOHNSON and Charles JOHNSON. On 6 Jul 1833, public sale made to - Edward B. McPHERSON for six lots (#3, 4, 5, 11, 12, 13) on South Street at $354; - James MEGAN (at private sale) for three lots, plots 1 and 2 on South Street and plot 2 on All Saints Street at $250; - John McPHERSON (private sale) for 16 remaining lots, #6-10 on South Street and #3-13 on All Saints Street at $500. On 28 Jul 1834, Catharine Worthington ROSS gave testimony she was at the bedside of Mrs. McPHERSON, the widow of the late Colonel, and, through her labored breathing, said in part "George BAER has been here. I have secured Matilda (Alexander's wife) a good home and I have given to my son, the doctor, the stone house as compensation to him for his kindness to me. He has attended me long and has made no charge. He has been my friend, my doctor and my nurse and I have given him the ole stone house which was my father's as a compensation and fee for his professional services and his affection and attention to me." Also, John McPHERSON Jr testified to witnessing the deed to William Smith McPHERSON. He also claimed his mother told him since William had Smith in his name and in consideration of his services to her as a physician, she wished to give her father's house to him and asked if that was how the deed read since she was too weak to sit up and read it. He said William was very devoted to his mother and sat up with her night after night. The next day, testimony was heard from Dr. John BALTZELL. On 11 Feb 1834, Bolton JACKSON petitioned to be substituted as purchaser in place of John BRIEN, dec'd. After John BRIEN died, John McPHERSON and John R. DOLL were administrators; John McPHERSON was made trustee to sell his real estate to cover his debts; property was sold to Edward B. McPHERSON who later sold it to Bolton JACKSON of Baltimore. Each 1/8 share, $2,169.34; finalized 20 May 1837.
HS-3, 234-255 - LIND - LICHTENWALTER, SWOPE, ROBERTS, STAUFFER, etc - Jan 1836
John McKALEB, Nicholas LIND and John R. BOGEN vs William ROBERTS et al John LIND d/ 20 Dec 1834 intestate, leaving widow - Judith and only child, - George Washington LIND, a minor Administrators were Abraham LICHTENWALTER and Juliet LIND. William ROBERTS held a mortgage for John LIND, petitioners; were creditors. LAND - [A] "The Orchard", 1/2 acre, with a tavern house in Union Town, conveyed from Peter STEM (w/ Nancy) in 1832 (to them from Henry HINER and Abraham HITESHEW in 1830), on the Great Road and part of original tract "Hard Grubbing"; previously from Moses SHAW to Philip HITESHEW; formerly from Thomas MEDCALF to Earhart COVER in 1802; consists of large dwelling house, brick stables, warehouse and other out buildings. - [B] "Brothers Inheritance", 7+ acres, from John WILDAMOOD or MILDERWOOD in 1832 (from Stephen BOWERS to James FISHER in 1831) - [C] ("Deerbought", 20+ acres, previously owned by Dr. Thomas BOYER by right of his wife, Hannah BOYER,and divided in 1828 by agreement with John ROBERTS into lots) - Plot #5, 2 acres, in Union Town on the corner of the alley leading to Daniel ZOLLICKOFFER's farm. Guardian was Henry SWOPE; trustee was Abraham LICHTENWALTER; on 25 Jun 1836, sale made to William ROBERTS for [B] at $161.65; to John ROBERTS for [C] at $12.75. On 29 Jul 1836, he sold [A] to David STAUFFER at $510 at private sale. Total sales were $684.38; proceeds short of debts, creditors paid part of debt; finalized 16 Mar 1837.
HS-3, 255-278 - DORSEY, GRIMES, GAITHER - Dec 1830
Evan DORSEY of Seneca Co, Ohio vs Roderick DORSEY - Division of Real Estate Upton Lawrence DORSEY d/ 1829 intestate, leaving widow - Janet and 2 minor children, - Susan H. DORSEY - Basil Evan DORSEY - William James Higgins DORSEY - Upton L. DORSEY Administrator and guardian was Roderick DORSEY. LAND - "Resurvey on Drummond", 200 acres - "Resurvey on Darbey's Delight, 11.25 acres, next to land of Basil DORSEY Sr (from Joshua WADDINGTON of New York). Property had been divided into five equal parts from estate of Basil DORSEY Sr.; Upton received Lot #3 as stated above. Trustee was John H. McELFRESH. SALE was held 9 Apr 1831; high bidder was: - Cornelius GRIMES for the Drummond farm at $8,366.24 On 4 May 1831, William GAITHER petitioned to be named purchaser instead of Grimes at the request of Grimes. On 8 Jan 1831, Roderick DORSEY testified he knew the widow and she was 35 years old. Distribution: - widow, 2/15 (before debts), $2,217.66 - Debts were paid - Each child's 1/4, $1,16.83 Filed 4 Jun 1835.
HS-3, 278-332 - HYATT, DAVIS, FOWLER, RICHARDS, PHILLIPS, NORWOOD, TABLER, HALL, HULL, SLAVES, DORSEY
Asa HYATT, Levi PHILLIPS, George DAVIS & wife vs Estate of Ely HYATT - Oct 1835 ELY HYATT d/ 22 Jul 1815, testate widow - Mary Ann and ten children s/ Asa HYATT s/ William HYATT d/ Elizabeth w/o George DAVIS d/ Mary "Polly" w/o Elisha R. HYATT d/ Charlotte w/o Thomas FOWLER; later w/o William RICHARDS s/ Ely HYATT Jr ( b/ 1800) d/ Susanna w/o John PHILLIPS d/ Mary Ann w/o Ralph NORWOOD s/ Samuel HYATT - Montgomery County s/ Lloyd HYATT (names of children not given in will) Executors were Asa and William HYATT. Witnesses: Charles McELFRESH, Levi PHILLIPS, George WOLFE. [Will written 22 Jul 1815; filed 7 Aug 1815] LAND - "Addition to Discovery", 130 acres and "Trademan's Valley", 30 acres in Montgomery County and 278 acres in Frederick County, contiguous to each other. (Total 471.52 acres) Levi PHILLIPS of Montgomery County purchased the interests of Samuel, Ely Jr, Mary and part of Williams; however, Ely Jr was only 18 on 30 Dec 1818 when this commitment was made. Ely Jr's share was also sold to Harry G. WATERS and Mul BURGEE in 1823. Mul BURGEE died intestate with Barrick HALL as administrator. In 1822 in Montgomery County, Levi PHILLIPS purchased land from Sheriff William CLEMENTS for a fieri facias from Frederick County court against William HYATT (William's share of the Montgomery County property). Trustees were John NELSON and William SCHLEY. SOLD on 21 Dec 1825 to: - Lloyd HYATT for 81+ acres at $995; but Lloyd was unable to comply with the terms and Barrick HULL became responsible and was transferred as the purchaser in 1826. SOLD on 7 Jan 1826 to: - Levi PHILLIPS for 193+ acres at $990.22 - George DAVIS for 196+ acres at $1,475.63 George DAVIS sold his wife's share to Lewis TABLER and Abraham TABLER in 1826. Mary HYATT (d/o Ely and w/o Elisha) petitioned the court for her share as her husband was poor, could not provide for her and her children, and had already spent her portion of her father's estate (without her signature). She is disputing Levi PHILLIPS' claim against her part and asking for any remaining share. (Evidently the widow, her mother, died during this time and her 1/3 of the estate would now go to her children. ---------- Barrick HALL d/ Oct 1830 widow - Mary nephew - William B. DORSEY nephew - Barrick HULL (s/o Thomas HULL) SLAVES - negroes, CATE (for life) - JOHN THOMAS (to be freed at age 25) Land - Real Estate in Hyatts Town in Montgomery County; to his wife, and after her death, to his nephew, William B. DORSEY. Executors were widow, Mary HALL and Philemon L. McELFRESH. Witnesses: Charles McELFRESH, Frederick LINTHICUM, Samuel OWENS and Philip M. LINTHICUM. [Frederick Co Will written 8 Sep 1830; filed 21 Oct 1830] The executors refused their duties and recommended Lewis TABLER as administrator. Barrick HALL still owed on the property. Petition to sell the real esate to cover debts due. Trustee was L.P.W. BALCH. SALE was held 16 Mar 1833; high bidder was: - William B. DORSEY for 81+ acres at $345.31 Barrick HALL's Distribution - proceeds short, - each creditor paid $.11 on the dollar. ---------- Asa HYAT and William HYATT were insolvent and their shares were being held. For HYATT's Distribution - widow received $2,138.36, but she died, so this went to her children; each 1/10 share after debts, $345.96 Filed 21 Dec 1835.
HS-3, 332-348 - RUNKLES, BROWER - Sep 1835
Basil ROOT vs Estate of John RUNKLES John RUNKLES d/ intestate, leaving 7 minor children, d/ Hannah RUNKLES d/ Elizabeth RUNKLES s/ Washington RUNKLES s/ John Brice RUNKLES d/ Margaret Eve RUNKLES s/ J. Thomas RUNKLES d/ Sarah Ann RUNKLES Administrator and guardian was Isaac BROWER. Land - "Cold Friday", 38+ acres, from Cordelia H. DOWNEY in 1834 for $47.50; next to land of Solomon BURALL and road leading to Thomas B. OWINGS' Mill to William WORMAN's Mill. - "Resurvey on Joshua's Lot Recitified", 55+ acres, 4+ acres, 30 acres; from John WIEANT/WIAND (w/ Hetty) in 1829; next to land conveyed by Joshua WRIGHT and James McDANIEL. On 11 Dec 1835 at the office of James M. HARDING in Frederick city, testimony was given by Joel WOOD. Isaac BROWER also testified and claimed he had known John RUNKLES for the past 10-12 years. On 16 Jan 1836, sale of the 130 acre farm in Liberty District was made to Mary RUNKLES (the widow?) at $340. After debts, each child received $.55; finalized 27 Feb 1838.
HS-3, 348-358 - MOORE, HAINES, CAUFFMAN/KAUFFMAN, LESCALETT, ENGLE - Jul 1836
William MOORE et al vs Christian MOORE et al - Sale of Real Estate Tobias MOORE (of Tobias) d/ Jun 1831 (will 11 Feb 1831; 13 Jun 1831) widow - Elizabeth (recently died) s/ William MOORE d/ Elizabeth w/o Daniel HAINES d/ Catharine MOORE s/ John MOORE s/ Christian MOORE - Out of State s/ Henry MOORE - Out of State d/ Margaret CAUFFMAN/KAUFFMAN - Out of State granddaughter - d/ Susanna LESCALETT Executor was son John MOORE who refused the duties. Witnesses: Abner BAILLE, John MURRAY and Edward CRAWFORD. Will was left with Evan L. CRAWFORD. Land - Lots #22 and 23 of "Legh Castle", 157 acres, from trustees, Samuel CHASE the Elder, James CLARKE, Joseph G.J. BEND and John WEATHERBURN, all of Baltimore, for the estate of Legh Hopkins MASTERS in Jan 1808; next to "Link Spring", "Louisa's Inheritance" and "Jones' Inheritance". In 1832, 65+ acres were sold in a suit brought by Samuel KILER and Frederick PROUGH against Daniel HAINES and others. Sale was made by trustee, Abraham BOYLE at $122.50 Trustee was Nathan H. OWINGS; posting bond along with the trustee was Orvalance H. OWINGS. On 9 Feb 1837, sale was held at Jonesburg?, high bidder for the 88 acres was Daniel ENGLE at $869. John, Chrisitan, Henry and Margaret each received $.64 after the other legacies were paid; the granddaughter received $19.19; finalized Oct 1837.
HS-3, 358-362 - DUDDERAR, COLLEBERRY - Nov 1837
Susan COLLEBERRY vs John H. DUDDERAR - Title Jacob DUDDERAR d/ 1804 (copy of will not given) Administrators were sons, s/ Samuel DUDDERAR (d/ soon after his father) s/ David DUDDERAR (d/ 16 Jan 1837) .....John H. DUDDERAR (eldest son and administrator) Land - Lot #100 on the west end of Liberty Town, from John COLLEBERRY (w/ Susannah) in 1793 In Jun 1836, the surviving executor, David, sold the lot to Susan COLLEBERRY for $306 but never received a deed. On 16 Nov 1837, deed was granted.
HS-3, 362-381 - WILLIARD, GUMP, COONES, ELLER, CANE, CUSTARD, RHODES, WINBIGLER, HARLEY, SHAFER, SLAVE - Jan 1837
John WILLIARD, Henry WILLIARD, et al vs Mary WILLIARD, et al Elias WILLIARD, dec'd (will 9 Oct 1813; 31 May 1819), leaving 13 children s/ John WILLIARD s/ Philip WILLIARD s/ George WILLIARD s/ Elias WILLIARD s/ Daniel WILLIARD d/ Mary GUMP d/ Catharine COONES d/ Margaret ELLER d/ Rosanna? CANE d/ Elizabeth WILLIARD (Ellis CUSTARD) d/ Polly ENNIS (George) d/ Sarah RHODES (Henry) d/ Susanna WINBIGLER (Jacob) SLAVE - negro DICK Also had goldmine. Land - "Uncle's Gift", 167 acres, plantation, 14 acres and - "Honesty Best", 4+ acres Devised to son, John, and he to pay sums to his 12 brothers and sisters. Executors were sons, George and Daniel. Witnesses: John FINK, Samuel GAVER and George SHAFER. John WILLIARD of Elias d/ intestate, leaving widow - Mary and 6 children, s/ John WILLIARD Jr s/ Henry WILLIARD d/ Catharine w/o Otho HARLEY s/ George W. WILLIARD, a minor s/ Ezra WILLIARD, a minor d/ Maria Rosanna WILLIARD, a minor Land - "Resurvey on Uncle's Gift", 14 acres, from Adam KARN and Philip KARN (w/ Barbara) in 1825 (8 acres were from David ARNOLD in 1817) - "Dunkards Not Mistaken", 100 acres, but should be called "Resurvey on Dunkards Not Mistaken", yet now "The Prospect Before Us"; from John SHAFER in 1824; and next to "Resurvey on Mason's Folly". - "Shepherd's Mountain", 68+ acres, from William LEE, Outerbridge HORSEY and w/ Eliza of Cecil County and John LEE of Frederick County in 1821. In Feb 1837, testimony was heard from Michael THOMAS and Henry SHAFER. Guardian was Adam CUSTARD; trustee was John WILLIARD. On 24 Mar 1837, sale made to John LEE for 14 acres at $75/acre; to Otho HARLEY for 177+ acres at $64.25 /acre. John LEE did not comply with the terms and so John WILLIARD, the trustee was substituted. The 101 acres of "Prospect" was sold to Peter SHAFER at $40/acre; total sales were $16,534.43. On 17 May 1837, George SHAFER testified he was well acquainted with the widow, Mary WILLIARD, and she was between 55-56 years old; she received 1/9 share, $1,770.72. Each 1/6 share was $2,360.95; finalized 11 Jan 1838.
HS-3, 381-402 - HACKNEY, LYNCH, GARROTT, DRILL, FAIRFAX, LANTZ, HOUSER, WILLIAMS - Nov 1836
Barton GARROTT vs William LYNCH et al Mary Barton HACKNEY d/ 1 Dec 1821 intestate h/ Jacob HACKNEY and children, d/ Sarah w/o William LYNCH d/ ________ GARROTT - her children, .....Barton GARROTT .....Mary E. w/o Francis B. FAIRFAX - VA .....John P. GARROTT .....Joseph E. GARROTT s/ _________ HACKNEY - his children, .....Maria Louisa HACKNEY .....Martha E. HACKNEY .....Charles P. HACKNEY - Ohio .....Susan HACKNEY .....Sarah E. HACKNEY, a minor - Missouri d/ __________ DRILL - her children - Washington County .....Elizabeth Ann DRILL .....Mary B. w/o George W. LANTZ .....Sarah E. w/o John HOUSER .....Susan R. DRILL, a minor .....Martha C. DRILL, a minor Land - Lot #22 of "Merryland", from John Philpott GARROTT (w/ Elizabeth) in 1801, lies on the Potomac River. - "Resurvey on Merryland", "Payne's Delight", from John Philpott GARROTT of Fairfax County, Virginia in 1807; runs along Payne's Branch and land of Barton PHILPOTT Sr and Levi FRAZIER. In 1812, Jacob and Mary Barton HACKNEY transferred to Lingan BOTELER of Washington County, one undivided moriaty in "Merryland", "Payne's Delight" and "Hawkins Merry Peep-A-Day; land runs along Potomac River and road leading from Frederick to Harpers Ferry and to George HACKNEY's lot. In 1816, Mary Barton HACKNEY transferred to Henry JARBOE parts of "Merryland", "Payne's Delight" and "Hawkins Merry Peep-A-Day, 3/4 acres. Guardian of Martha and Susan DRILL was John H. WILLIAMS; trustee was Nicholas H. PITTS. Decree to take testimony was issued 19 May 1837 and the file ends.
HS-3, 402-418 - SOLLERS, MAYNARD, DORSEY, COALE, McCLEARY - Oct 1835
Thomas E. SOLLERS vs Thomas G. MAYNARD et al - Petition to Sell Sabritt SOLLERS d/ Jul 1834 intestate s/ Thomas E. SOLLERS and w/ Barbara d/ Sarah D. SOLLERS d/ Mary D. SOLLERS d/ Susan SOLLERS d/ Ariana and Thomas G. MAYNARD d/ Margaret SOLLERS, a minor Land - "Bealy's Delight", "Resurvey on Beatty's Range" and "Slate Stone Point"; 126+ acres; from Sheriff William M. BEALL Jr. in 1821 from lawsuits against Eli C. DORSEY, Otho DORSEY, John DORSEY and Elizabeth DORSEY by Amos DORSEY; against Eli DORSEY and Otho DORSEY by Warfield TODD; and against Mary DORSEY by Warfield Simpson TODD. Lands were previously deeded to Eli C. DORSEY, Otho DORSEY and Mary DORSEY by William COOKERLY. On 19 Jan 1836, testimony given by Richard COALE; he was also the guardian. Trustee was Thomas G. MAYNARD; on 31 Mar 1836, private sale was made to Robert McCLEARY at $800. Each 1/6 share was $117.81; finalized on 2 Jul 1836.
HS-3, 418-421 - EADER, STAUFFER, KELLER - Nov 1837
Joseph STAUFFER vs Jonathan EADER, exec/of Frederick KELLER Jonathan EADER died 4 Nov 1837, intestate, before final payment and deed could be made to Joseph STAUFFER for the sale of Frederick KELLER's estate. John H. McELFRESH was appointed trustee to make the deed and receive the final monies. Finalized 18 Jan 1838.
HS-3, 421-430 - HILLIARY, BALSER - May 1837
Perry HILLIARY vs Tilghman HILLIARY et al - Title John H. HILLIARY d/ Jan 1835 intestate, leaving widow - Cornelia and 5 minor children, d/ Sarah Ann Perry HILLIARY s/ Perry Thomas HILLIARY d/ Ellen McGill HILLIARY s/ Tilghman HILLIARY s/ John William HILLIARY Administrators were the widow and Tilghman HILLIARY, the brother of the deceased. Land - "Catoctin Ridge" and "Resurvey on Well's Invention"; 50+ acres; next to "Depford" and corner of Abraham EASTERDAY's land. Land was sold to Perry HILLIARY, a co-partner in a distillery business. Perry HILLIARY granted his portion to George BALSER in 1807. Guardian was the mother who was given power to make deed to Perry HILLIARY; finalized 10 Jul 1838.
HS-3, 430-462 - AHALT, YOUNG, FINK, FLOOK, McDEWELL, BEACHLEY, RUDY - Oct 1834
Jacob AHALT, John YOUNG et al vs John AHALT et al - Sale of Real Estate Jacob AHALT Sr d/ Feb 1834 intestate, leaving widow - Eve Margaret and 7 children, s/ Jacob AHALT Jr d/ Catharine w/o John YOUNG d/ Elizabeth w/o Samuel FINK (recently died intestate) s/ Mathias AHALT s/ Samuel AHALT s/ John AHALT s/ Joshua AHALT, a minor Land - "Barrell", 100 acres; "Barrel", 125 acres (7 acres of which lie in "Thick Neck"), from Frederick MURRY (w/ Elizabeth) in 1797; next to Jacob SAILORS. - "Jacob's Out Lot", 2+ acres; was "Resurvey on Black Acorn", from William TUCKER (w/ Rachel) (eldest s/o William TUCKER, dec'd) in 1811. - "Resurvey on Tom's Gift", 1 acre; from James/Thomas CHAPLINE (exec/of Joseph CHAPLINE) in 1823. - "Resurvey on Locust Valley, 38 acres; "Resurvey on Locust Valley", 10 acres, from Thomas J. MARLOW of Loudon Co, VA and John SHAFER of Frederick Co, MD in 1824; next to "Resurvey on Stony Ridge" on the east side of South Mountain; also 78 acres of same tract from Thomas MARLOW (w/ Elizabeth) in 1811. - "Carty's Discovery", 136 acres; a resurvey of "The Mill Is Safe", "Lamar's Generosity", "Virgin's Delight", and "Resurvey on Virgin's Delight"; next to land of Jacob THOMAS and John FISTER (from Jacob FISTER). Total in all is about 380 acres. Widow's dower to be laid off. - from John KEPHART (w/ Eve) in 1811: - 1/7 part of "Resurvey on Learning", "Addition to Learning", and part of "Resurvey on Learning"; 41 acres, orginally conveyed to Mathias AHALT by Jacob FLOOK in 1769. - "Second Resurvey on Black Acorn", 70 acres (previously conveyed to Mathias AHALT by William TUCKER in 1773. - "Resurvey on Tom's Gift", 70 perches, (conveyed to Mathias AHALT by Joseph CHAPLINE in 1785; and to John KEPHART from Jacob KEPHART and wife in 1806 In 1811, Jacob AHALT received a special warrant to resurvey "Resurvey on Learning", "Addition to Learning", and part of "Resurvey on Learning", orginally granted to Jacob FLOOK in 1766 for 467 acres; part of the "Resurvey on Tom's Gift", originally granted to Joseph CHAPLINE in 1764 for 1,013 acres; "Resurvey on Black Acorn", originally granted to William TUCKER in 1764 for 248 acres; and another part of "Resurvey on Black Acorn", originally granted to William TUCKER in 1773 for 208 acres; includes 2 acres of vacancy and all is contigious; it is now called "Jacob's Loss", 154 1/2 acres; lies next to "Resurvey on Trembling" granted to Micahel BIEGLERY in 1762, and "Spurgeon's Folly". Guardian was Jacob FLOOK of John; trustee was Samuel AHALT; widow's dower land laid off. On 16 Mar 1835, sales made to: - John BEACHLEY for 3/4 acre at $18.10. - Frederick RUDY for 3 acres at $150.21. from Marlow & Shafer's tract - - Mathias AHALT for 10 acres of mountain land at $1.80; - Henry McDEWELL for 9 acres of mountain land at $360 and also 9 more acres at $333. at private sale to - Elizabeth FINK for 91 acres at $4,186; adjoins lands of Henry AHALT and Samuel RAMSBURG. On 2 Apr 1835, private sale made to Jacob AHALT for 136 acres at $5,168. John AHALT was indebted to his father for notes paid for him to Catharine HARSHMAN and Ann Mary COST. Since his notes were so excessive, he was excluded from receiving a share and, in fact, owed the estate. Each 1/6 share was $1,667.16 + $1,608.69. Finalized 14 May 1837.
HS-3, 462-481 - SHOEMAKER, FLOOK, ROUTZAHN, BEAGLEY, SUMMERS - May 1836
John P. FLOOK and Magdalena FLOOK vs Jacob ROUTZAHN et al Henry SHOEMAKER d/ intestate, leaving widow - Magdalena and 8 children, d/ Magdalena w/o John P. FLOOK d/ Catharine w/o Jacob ROUTZAHN d/ Esther w/o Daniel BEAGLEY d/ Hannah w/o Frederick SUMMERS d/ Elizabeth SHOEMAKER s/ Daniel SHOEMAKER and w/ Catharine d/ Llydia SHOEMAKER s/ Jacob SHOEMAKER (died since his father) - Indiana ....widow - Catharine and 5 minor children, .....George SHOEMAKER .....Louisa SHOEMAKER .....Henry SHOEMAKER .....Sarah SHOEMAKER .....Catharine SHOEMAKER Land - "Resurvey on Midall Pickall", "I Hope It's Well Done", "Shettled Marletany", 153 acres, from Christian SHOEMAKER (w/ Susannah) in 1810 (to him from John ROWANSON in 1798); next to "John's Delight", the Main Road, Jacob SMITH's and Christian ROWANSAN. - "Trail's Jaunt", 52 acres, unimproved lot, from Frederick SCHLEY as trustee for Michael MENSOR Estate in 1818; next to Henry PEAGLEY's land, "Resurvey on the Gap", "John's Delight", "Resurvey on Machtany", "Neff's Ill Will" and "Friendship". Daniel SHOEMAKER sold his interest to John Philpott FLOOK. In Aug 1836, testimony was heard from John J. SMITH. Guardian for Llydia was L.P.W. BALCH; trustee was John J. SMITH. On 20 Dec 1836, John J. SMITH testified he knew Catharine, the widow of Jacob SHOEMAKER, and she was 35 years of age and in good health. Sales were made to John P. FLOOK for the home plantation, now said to contain 161 acres, at $51.12/acre and the other lot of 49 acres at $8/acre, all subject to Magdalena's dower rights (Henry's widow); total sales $8,648.68; each 1/8 share was $1,036.56; widow Catharine received 2/15 of 1/8, $138.20; finalized 22 Dec 1836.
HS-3, 482-484 - YOUNG, EICHELBERGER - Dec 1831
John YOUNG vs John YOUNG and Peter YOUNG - Title John YOUNG of Adams Co, PA purchased real estate from the equity case of John YOUNG and Peter YOUNG against David YOUNG, with John and Peter as trustees to sell the real estate of David YOUNG, deceased, devised to him by his father, Peter YOUNG. It is where John YOUNG built a mill. The trustees now live out of state, John being in Greencastle, PA and Peter being in Ohio. George M. EICHELBERGER testified to that in Jun 1832; he was chosen to act as trustee to convey the deed. Land - Farm, 125 acres.
HS-3, 484-508 - DAVIS, INGMAN, LEWIS, HAMMOND, DEAN, WILLCOXEN - Dec 1831
Ormond HAMMOND Jr. vs Luke DAVIS et al Gilbert DAVIS d/ 4 Oct 1830 (will 20 Jul 1830; 11 Oct 1830) widow - Elizabeth and 5 children and 4 grandchildren, s/ Luke DAVIS d/ Amelia INGMAN s/ Ephraim DAVIS d/ Elizabeth w/o Samuel B. LEWIS s/ James DAVIS - Washington County s/ Thomas DAVIS, dec'd - his 4 minor children, .....James H. DAVIS .....Drucilla DAVIS .....Gilbert DAVIS .....John Quincey Adams DAVIS Executors were the widow and son, Luke. Witnesses: James SUMMERS, William WILLCOXEN and Thomas DUVALL. The widow refused the duties and asked for her son-in-law, Samuel B. LEWIS be administrator instead. Administrator for Gilbert DAVIS' estate was Samuel B. LEWIS with Lewis BIRELY and George WHIP as sureties. Land - "Rights of Man", 40 acres; from James DEAN in 1818 (DEAN inherited his share of land from the 1814 will of Joseph RATCLIFFE as s/o Catharine DEAN; Ratcliffe was conveyed 512 acres in 1804 from Sheriff Lawrence BRENGLE and Samuel DUVALL, Esquire, by separate deeds). At this time, DEAN's share was undivided. In 1828, a deed of division was made containing Davis' 'mansion house'. It lay on the division line between Catharine DEAN's part and Susannah DAVIS' heirs' part. Other names shown were Ephraim DAVIS, Charles A. HARVEY and w/ Sarah, William WILLCOXEN and Thomas DEAN. Nathan HAMMOND was the s/o Ormond HAMMOND Jr. Guardian was Henry BARNES; trustee was John H. McELFRESH. On 17 Jan 1835, sale was held at the tavern of John DILL, purchaser was William WILLCOXEN at $160.40, subject to the widow's dower. After court fees, the widow received the balance of $111.49 as part of monies due her from the note she paid in her husband's name (to protect her interest of her property of 112 acres of same tract). Ended on 11 Mar 1835.
HS-3, 508-521 - DAVIS, HAMMOND - Oct 1830
Ormond HAMMOND Jr. vs Luke DAVIS and w/ Mary DAVIS - Foreclosure Land - "Forrest Range", "Resurvey on Wild Cat Hill", "Falconer's Adventure"; from Ormond HAMMOND Jr. (from his father, Nathan HAMMOND by 1807 will). - "Ijam's Revolution" (to Ormond HAMMOND Jr. by Christopher MUSSETTER and w/ Ruth in 1819); from Ormond HAMMOND Jr. in 1828, totaling 272 acres. (pages 514-515 missing online) Trustee was John H. McELFRESH; on 25 Feb 1832 at the house of Margaret MICHAEL, sale was made to Ormond HAMMOND Jr. at $2,720; proceeds only paid about half of claim; ended 15 Nov 1832. (NOTE - there are two pages each numbered 351 and 368 in this book; pages missing online in this book are 514, 515)
HS-3, 521-535 - UTZ, FEISER, STONESIFER, BISH, WEAVER, BACKMAN - Jul 1836
Michael UTZ, et al vs Jacob STONESIFER, et al Michael UTZ d/ 11 Aug 1823 intestate, leaving s/ Michael UTZ, Jr. s/ Joseph UTZ d/ Barbara UTZ s/ Jacob UTZ d/ Elizabeth UTZ d/ Rachel w/o Henry FEISER d/ Sarah (d/ aft her father) w/o Jacob STONESIFER .....Caroline STONESIFER, a minor .....Elizabeth STONESIFER, a minor s/ George UTZ s/ John UTZ d/ Lydia UTZ, a minor Land - "Second Amendment", "Legonier", "Greenberry's Second Attention", "Holmes' Lot"; 158 acres, contiguous; from George SNIDER (w/ Barbara) in 1802; except for 4 acres sold to Christian CARVER/GAVER. (Michael UTZ was listed as being from Baltimore County.) Guardian was Adam BISH. Testimony was heard from John BOYERS, 33; John SAWYER, 43; William SULLIVAN, 45. Trustee was John H. HOPPE; on 16 Feb 1837, sale was made to Henry WEAVER of Baltimore County for $2,382.38; but afterwards was transferred to Frederick BACKMAN of Frederick County. Each 1/10 share was $222.13; Jacob STONESIFER received 3/15 of 1/10, $44.42, as his curtesy share. Ended 3 Nov 1837.
HS-3, 535-554 - HOOVER/HAUVER, BAER, ROHRBAUGH, SNIDER, WHIBLING, BISH, FORSYTHE, BACHMAN - Aug 1836
Jacob BAER, et al vs Joseph HOOVER, et al - Sale of Real Estate George HOOVER d/ 11 Jun 1835 intestate widow - Catharine and 7 children, d/ Elizabeth w/o Jacob BAER d/ Sally w/o Lawrence ROHRBAUGH d/ Polly w/o Peter SNIDER d/ Eve w/o John ROHRBAUGH d/ Catharine w/o Charles WHIBLING s/ Joseph HOOVER, a minor s/ Joshua HOOVER, a minor Land - "Legioner", 86 acres; in undivided parts from the 5 children of John LONG, dec'd - from Samuel LONG in 1821 - from David LONG in 1822 - from Peter LONG in 1826 to J. Henry HOPPE (w/ Rachel) and from them to George HAUVER/HOOVER in 1833 - from John LONG in 1833 - from Catharine and husband, Jacob YOE in 1834 of Preston Co, VA/WV Guardian was Adam BISH; testimony was heard from John SAWYER, 43; William SULLIVAN, 45; John BOYER, 33. Trustee was John H. HOPPE with Jacob SNIDER as surety; ad was placed in The Carroltonian newspaper. On 17 Feb 1837, sale was made to Jacob FORSYTHE at $873.33; but, just after the sale, he transfered the sale to Frederick BACHMAN. Each 1/7 share, $109.07; ended 14 May 1838.
HS-3, 554-566 - KEEFER, THOMAS, ZIMMERMAN, THRASHER - Feb 1837
George THOMAS as guardian of Margaret KEEFER and Sophia KEEFER Adam KEEFER d/ Spring 1837 intestate w/(unnamed), d/ Spring 1837 d/ Margaret KEEFER d/ Sophia KEEFER Land - "Fieldera", 21+ acres; from William SCHLEY in 1835, acting from a deed of trust for Joseph L. SMITH (to Smith from Bernard RENN in 1792); runs to top of Catoctin Mountain. Guardian and trustee was George THOMAS who made sale of property to On 1 Aug 1837, testimony was heard from Henry ZIMMERMAN. On 1 Jan 1838, sale was made to Thomas THRASHER at $430. Each daughter received $179.88; ended 31 May 1838.
HS-3, 566-586 - JOHNSON, BROWN, KEPHART, HAHN/HANN - Apr 1837
Charles JOHNSON, exec/of Roger JOHNSON vs Alexander H. BROWN, George KEPHART et al Roger JOHNSON, dec'd - executors were sons, Joseph A. JOHNSON and Charles JOHNSON. Joseph A. JOHNSON died in 1835, leaving Charles JOHNSON as surviving executor. Land - "Mine Bank Farm" at Point of Rocks (aka Point Johnson). Land was laid off into lots except the part lying between the Potomack River and the Canal which is inteded to be sold to the Chesapeake and Ohio Canal Company with proceeds to be paid to Casper MANTZ who holds a mortgage. On 10 Apr 1832, Lot #6 was sold to William H. GILPIN of Cecil County and Alexander H. BROWN at $100; and Lot #48 to Alexander H. BROWN at $102.30. Neither of these men ever complied with the terms of sale even though they have had possesion of the land. It has been learned that GILPIN transfered his interest to BROWN. In Jan 1834, Alexander H. BROWN mortgaged Lots #6 and #49 to George FRICK of Baltimore City (Brown had no title to Lot #49). In Sep 1836, Sheriff Mahlon TALBOTT conveyed to George KEPHART, Lots #6 and #48 with knowledge of the lien. Trustee was William J. ROSS; on 5 Jan 1838, the sale was finally made as private sale to John HAHN/HANN at $550. George KEPHART petitioned the court for public sale, stating the court had not approved a private sale and he was prepared to pay more for the property had it been at a public sale (he had previously bid at a public sale but bid was not perceived as being the best that could be attained). Court ruled for a public sale; however, the highest bid obtained was $350 from James G. COBB as agent for George KEPHART. The balance of the sale was paid to George KEPHART who had a paid claim on the property. Closed on 5 Jun 1838.

The End of HS-3

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