Last Will and Testament

Emanuel Custer, Jr.

Sworn before Charles Heck Register

In the Name of God Amen I Emanuel Custer of Allegany County and State of Maryland being weak in body but considering the uncertainty of this Mortal life and being of sound and perfect mind and memory ---- e Almighty God for the same do make this my last will and testament in manner and form following I give and bequeath unto my beloved wife Catharine Custer all the land and property that I now profess in this world as long as she continues in my name and if the said Catharine Custer git married she must give up all to the children and it is my wish for her to keep the children with her until they become of age and give them schooling so they can keep their own books and give them one hundred and fifty dollars when they become of age if she can do so without injuring herself and if not to do what she can for them and if so be that Daniel Custer should wish to buy @ five acres more of the track of land that he has already taken part of to have it at eight dollars and twenty five cents per acre or if any of those that are yet under age should wish to take that which contains fifty five acres is to have it at the same and if none of them do want it then the said Catharine Custer is to hold the same until the youngest child becomes of age then to make sale of that fifty five acres of land and all the property left except what she does want to support herself as long as she continues in my name if that be as long as she lives but it is to be understood that when this sale is made value or money is to be divided among all the Heirs that are of the Estate so that they all become an equal share with what they already have received that is them that are of age namely Adam John David and Daniel Custer these four has each of them received one hundred and fifty dollars and these are four children at home and one grandchild namely Samuel Peter Catharine and Jeremias and the grandson Joseph Custer that has not yet received any part of their Estate which a- then at or after the sale to have a share in proportion with those that are now of age and I give and bequeath all that is stated above here to my said beloved wife Catharine Custer whom I hereby appoint sole Execut--- of this my last will and testament in witness where of I have hereunto set my hand --- this thirteenth day of June Eighteen hundred and twenty nine. Emanuel Custer Seal

Signed sealed published and declared by the above named Emanuel Custer to be his last will and testament in the presence of us who have hereunto subscribed our names as witnesses in the presence of the testator

his

John Ziboug --- Christopher 'x' Durst

Mark

Peter Miller

Allegany County to wit

On the 3rd day of July 1829 then cam Catharine Custer and did solemnly sincerely and truly affirm and declare that the foregoing instrument of writing is the true whole will and testament of Emanuel Custer Jr. late of Allegany County deceased that hath come to her hands and possession and that she doth not know of any other Test Charles Hick Register

Allegany County to wit

On the third day of July 1829 then cam John Zibough Christian Durst and Peter Miller subscribing witnesses to the forgoing last will and testament of Emanuel Custer late of Allegany County deceased and made oath on the Holy Evangely of Almighty God that they did see the testator therein named sign and seal this will and that they heard him publish pronounce and declare the same to be his last will and testament that at the time of his so doing he was to the best of their apprehension of sound disposing mind manner and understanding and that they respectively subscribe their Names as witnesses to this will in the presence and at the request of the testator and all in the presence of each other

Sworn before Charles Heck Register

Source: copy of handwritten will of Emanuel Custer, dated 3 July 1829, Signed by Charles Heck, Register, MSA No. CM82, Allegany County register of Wills, Emmanuel Custer, volume A, pp. 288-290, WK871-872-3, Number of pages: 3, Record Request: SL99794713488, Receipt No.: N02654, request received 02/05/99 and answered 03/08/99.

The following is the transcription of the will as I was able to read it. Any words that I was unable to make out I placed ------ in the place of letters or words. Barbara E. Custer V-aillancourt, 12 March 1999