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Frederick County, Maryland

Equity WBT-1


These are abstracts from Equity Court Records of Frederick County, Maryland, Liber WBT-1; 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)

Equity WBT-1

1-14 - FUNDENBURG, JOHNSON, BROWN, DEVILBISS, CRAMER - Mar 1845
David DEVILBISS vs E. Lincoln BROWN and Others - Title The estate of Henry FUNDENBURG, deceased, was sold after the death of his widow by his executor, Samuel STEM to Cornelius CRAMER. Stem was removed as executor and replaced by administrator E. Lincoln BROWN. Brown issued a judgment against Cramer and also to David DEVILBISS who had signed as security. Since then, Devilbiss has paid to Sheriff George RICE the monies due. Henry FUNDENBURG, dec'd (Will 18 Dec 1835; 22 Feb 1836) widow - Mary d/ Juliana w/o George H. JOHNSON d/ Ann Maria w/o E. Lincoln BROWN (Daughters were minors and unmarried when the will was written.) SLAVE - black boy (unnamed), shall not sell out of state and for no more than 14 years from date of will. Executor - friend Samuel STEM Witnesses - Jacob FIRROR, Jacob CRONISE, William SEFTON Land - "Buck's Horn", 32 acres, to Devilbiss from the Sheriff in 1845; (previously to Fundenburg from Henry CREAGER in 1835 and earlier to Jacob WELLER from John WELLER in 1786; (Exception was made for two acres that Fundenburg had sold to Nathaniel EYLER in 1830.) and also part of "Mountain Tract", from Joseph WILHIDE and Ezra WILHIDE in 1835. Francis BRENGLE was appointed trustee to make to David DEVILBISS; closed on 22 May 1845.
14-33 - TITLOW, ALLEN, KEFAUVER, YASTE, SIFFORD, MAGRUDER - Feb 1845
Sophia YOUNG and Samuel YASTE vs John KEFAUVER (s/o George), adm/of George TITLOW and Others George TITLOW d/ 20 Feb 1842 widow - Elizabeth (lives in Middletown) d/ Eveline w/o Isaac H. ALLEN s/ Flavius "Harvey" B. TITLOW d/ Mary C. TITLOW, a minor d/ Sophia S. TITLOW, a minor d/ Elizabeth E. TITLOW, a minor d/ Enphelia C. Y. TITLOW, a minor s/ Benjamin F. TITLOW, a minor Administrator was John KEFAUVER of George. Land - Lot #3 in Middletown along with all his personal property including a large German Bible and a large English Bible. Mortgaged to Sophia YOUNG and John KEFAUVER of George, but Kefauver assigned his interest to Samuel YASTE. Other sureties were David BOWLUS and Jacob THOMAS of John. Property was conveyed to John SIFFORD but monies have not been distributed by the administrator. Guardian was Dr. George W. MORRIS; testimony was heard from George BOWLUS and J.T.C. MILLER. Trustee was Samuel YASTE. On 18 Apr 1845, sale was made to Hezekiah MAGRUDER for Tavern Stand in Middletown and lot at $850, subject to the widow's dower. The personal property was sold for $145.94. Creditors were paid; closed 22 Sep 1845.
33-42 - BRENGLE, SLAVES, THOMAS, PERCIVAL - Mar 1845
John MACKELL and Sons vs Lawrence BRENGLE and Others Daniel BRENGLE d/ May 1842 (will 6 May 1842; 24 May 1842) widow - Caroline and four minor children, d/ Virginia BRENGLE s/ John W. BRENGLE s/ Robert BRENGLE d/ Fanny C. BRENGLE (Children's names were not given in the will.) SLAVES - negroes, EZRA and CHARITY, to wife for life; other slaves to be sold for life but not to negro traders; except HENRY who shall be free after ten years after Brengle's death. Mrs. Catharine THOMAS is listed to renew her note. Land - 50 acres of woodland on east side of Monocacy River. - 40 acres from William KRUM. Exec/ brother, Lawrence J. BRENGLE Witnesses/ Francis BRENGLE, William PHILLIPS, K.T. RUSSMA? Guardian was Charles F. PERCIVAL; Listed property was to be sold to purchase a house in Frederick Town for the widow and children; the sales now must be used to pay the debts. Closed Jul 1845.
43-54 - HOFFMAN, CRUM - Mar 1844
Francis A. HOFFMAN vs Peter HOFFMAN Land - "John's Prospect", 102 acres, resurveyed for John HOFFMAN of Francis in 1839 including parts of original tracts, "George's Discovery", "Good Luck", "Resurvey on George's Discovery", "Resurvey on Mount Pleasant", "Daniel's Addition", "Obtese Triangle"; was previously devised to John HOFFMAN by his father, Francis HOFFMAN thru his Will of Jun 1826; and now in deed of mortgage to Francis HOFFMAN from Peter HOFFMAN in 1841. Peter HOFFMAN obtained lands from heirs of George HOFFMAN and also from (and indebted to) George W. CRUM (of Washington Co), John CRUM, Mary A. CRUM, Elizabeth CRUM and Margaret CRUM, heirs of Barbara CRUM. Trustee was M. B. LUCKETT; sale was made to Henry TERREMESMAN(?) at $6,370. Petition was also filed by creditors, James CASTLE Sr and William WATERS who were securities on a note to Dr. Richard DORSEY. Creditors paid; closed 9 Apr 1845.
54-60 - GARBER, HARTLY, HARMAN - Jul 1843
George W. HARTLY vs John L. GARBER and Isaac HARMAN Jonathan GARBER d/ 1819 intestate widow - (unnamed), now w/o Isaac HARMAN d/ Magdalena w/o George W. HARTLY s/ John G. GARBER Land - 130 acres, previously from Richard COALE to Christian GARBER in 1797. John GARBER sold his interest to Isaac HARMAN. Trustee was Isaac BROWER; sale was made, subject to widow's dower, to George W. HARTLY at $5,200, but he contracted to sell it to Isaac HARMAN who requested the deed be put in his name instead and was approved by court. Closed 15 Jul 1845.
61-74 - FOX, JACOBS, MUMFORD, LEAKINS, ALBAUGH, BAKER - Nov 1844
Elihu H. ROCKWELL vs Mary Magdalena FOX, Jacob FOX and Others George FOX, dec'd of Liberty District (Will 11 Nov 1842; 24 Jan 1843) widow - Mary Magdalena and 10 children s/ Jacob FOX s/ George K. FOX - Ohio s/ Jeremiah FOX d/ Mary Ann "Amelia" w/o Ignatius JACOBS d/ Elisabeth w/o James MUMFORD d/ Catharine w/o John LEAKINS - Ohio d/ susan w/o Lewis ALBAUGH d/ Margaret w/o Dr. William H. BAKER d/ Julianna FOX s/ Francis FOX, a minor Exec/ son, Jacob FOX. Witnesses/ Dr. Abdiel UNKEFER, Isaac PFOUTZ, David KLING. Land - "Whiskey Springs", 100 acres, to George FOX by patent in 1754. - "Deficiency Regained", 11 acres, to George FOX by patent in 1789. - "Woods Chance", 11 acres, to Fox by Christian HUFFORD in 1792. - "Timber Ridge", 4 acres, to Fox from Daniel FUNDENBURG in 1805. - "Resurvey on Seven Originals", 1 acre, from Daniel FUNDENBURG in 1805. - "Base Hill", 15 acres, from John STEPHENSON in 1793. - "Resurvey on Spring Garden", 2 acres, from Stephen RICHARDS in 1754. - "Resurvey on Spring Garden", from Rachel BENGERS and others in 1839. Totals 336 acres less 49 acres previously sold in parts to D. FUNDENBURG, Abraham ENGLE and John ENGLE. Also minus an elder survey error of 70 acres, leaving a balance of 265 acres. After the death of the testator, 50 acres were sold to George LOCKE. Guardian was William MORRISON; trustee was John A. Warfield. ON 1 Feb 1845, sale was made to Jacob FOX at $3,553.92, subject to the widow's dower. Closed 20 Sep 1845.
74-83 - HOFFMAN, SIFFORD, BOLLER, COVER - Jan 1845
John H. HOFFMAN vs George HOFFMAN and others Michael HOFFMAN conveyed land in 1819 to his two sons, s/ John HOFFMAN s/ George HOFFMAN d/ 1834 intestate ...John Henry HOFFMAN ...Rebecca HOFFMAN, a minor ...George HOFFMAN, a minor ...Samuel HOFFMAN, a minor Land - "Friendship", 138 acres, located one and a half miles north of Creagers Town on Owings Creek; previously conveyed by Margaret CREAGER to Michael HOFFMAN in 1787. - 50 acres of mountain land, one mile west of Mechaneck Town, adjoining the lands of Daniel ROUZER, from James COOPER as trustee in 1828 (prev- iously owned by James OGLE to Samuel OGLE to Rouzer). In 1819, John HOFFMAN (w/ Hannah) sold his share to his brother, George HOFFMAN. Guardian was John R. BOLLER; testimony was heard from Joseph EICHELBERGER and Elias A. GROSHON; Trustee was Grayson EICHELBERGER. On 8 Mar 1845, sale was made to John Henry HOFFMAN for the 138 acres at $2,106.40. The mountain land was divided into lots: Lot#1, 12+ acres, to William SIFFORD at $62; Lot#2, 11+ acres, to William BOLLER at $93.94; Lot#3, 12+ acres, to William BOLLER at $62.50; Lot#4, 13+ acres, to John COVER at $87.94; total sales, $2,406.81. Distributions: each 1/4 share, $559.49. Closed 22 Sep 1845.
83-96 - WILLIARD, RICE, GROVE, SHAAFF, BISER - Dec 1843
Dewalt WILLIARD et al - Petition to Sell Real Estate Abraham WILLIARD d/ abt 1817 intestate widow - Catharine (d/ May 1843 intestate) and 6 children s/ Peter WILLIARD d/ 1827 ...w/ Martha and 3 children, ......Rueben Dewalt WILLIARD, dec'd, unmarried and w/o issue ......George Washington WILLIARD, a minor ......Abraham Peter WILLIARD, a minor s/ Daniel WILLIARD d/ 17 March 1842 intestate ---w/ Ann and 5 children ------Thomas Henry WILLIARD, a minor ------Mary Catharine WILLIARD, a minor ------Ann Elizabeth Augusta WILLIARD, a minor ------Lewis Abraham WILLIARD, a minor ------Genevieve Manmitta WILLIARD, a minor s/ Dewalt WILLIARD d/ Sarah Ann WILLIARD d/ Elizabeth wid/o Thomas RICE (he died several yrs ago) d/ Mary Ann w/o William GROVE Land - (A)"Resurvey on Kemps Long Meadows", 73 acres, and "Madams Defeat", 321 acres; to John WILLIARD and Abraham WILLIARD, brothers, as 2nd and 3rd sons of Dewalt WILLIARD from Dewalt's will (also mentioned in the will excerpt was their sister Mary LEM); - (B)"Resurvey on Houses' New Design", 116 perches, from John HOUSE in 1801; - (C)"If I Don't Keep It All, I'll Keep Some", 123 acres; from Jacob BARGESSER in 1800, next to "Good Fare", "Fieldera Manor", "Anchor and Hope", "Below the Nipple and Bubby"; all totaling 321 acres. An 1818 petition brought by the widow laid off 106 acres for the widow's dower, but surveyed became 119 1/4 acres; plat shows the tract was next to a school house. All lands had been previously sold by Dewalt WILLIARD as trustee except for the widow's dower. Guardian was Daniel SHAAFF; trustee was Dewalt WILLIARD. Testimony was heard from Daniel L. BISER in Feb 1844. On 20 Feb 1845, sale was made to Elizabeth RICE for 119 acres of B and C above at $6,638.22 Distribution: each child's 1/6 share, $1058.36; closed 19 Jun 1845.
96-112 - SIMMONS, TORRANCE, COST, DADE, SCHOLL, RISSLER, WINDSOR - Feb 1845
John F. SIMMONS - Petition to Sell Real Estate James SIMMONS Sr, dec'd (Will GME-1, 82, filed 22 Sep 1829) left 1/2 estate to s/ James SIMMONS * and the other half to his 3 daughters d/ Drucilla w/o James TORRANCE d/ Mary Ann COST d/ Ruth w/o Robert Townes DADE - Montgomery County Land - "The Hope" or "Resurvey on Hope", 327 acres, from Charles Fenton MERCER of Aldie, Loudoun Co, VA in 1818; lies below the Monocacy River, part of the estate of Thomas DARNALL, next to lands of Robert DARNALL, Thomas SPRIGG, Thomas BINNS and George BUCKEY. In 1830, the sisters sold thier shares to their brother James Jr. * Major James SIMMONS Jr d/ 8 Mar 1844 intestate widow - Sophia and 13 children s/ John F. SIMMONS and w/ Henrietta s/ James S. SIMMONS d/ Rebecca L. w/o Henry SCHOLL s/ Abraham H. SIMMONS and w/ Elizabeth Ann d/ Elizabeth Drucilla SIMMONS s/ Charles L. SIMMONS d/ Ann Sophia SIMMONS, a minor s/ Richard E. SIMMONS, a minor s/ Rezin E. SIMMONS, a minor d/ Mary Ruth SIMMONS, a minor d/ Serena SIMMONS, a minor s/ Thomas W. SIMMONS, a minor s/ Vernon SIMMONS, a minor - "Foul Play" and "Bloomsberry", known as Lot# 37, 137 acres, from the Bank of the United States, Philadelphia, in 1833 and previously to the Bank from Joseph A. JOHNSON and Charles JOHNSON, exec/of Roger JOHNSON in 1832. - "Foul Play", known as Lot# 36, 74 acres, from the Bank of the United States, Philadelphia, in 1833 and previously to the Bank from Joseph A. JOHNSON and Charles JOHNSON, exec/of Roger JOHNSON in 1832. Guardian was Jacob RISSLER; testimony was heard from Zachariah T. WINDSOR. Trustees were the elder two sons. On 21 May 1845, sale was held at the residence of the late James SIMMONS; sales to - Mrs. Sophia SIMMONS for 327 acres at $6,542.50 - Henry SCHOLL for mountain lot #1, 45 acres, at $125.41 - Henry SCHOLL for mountain lot #2, 52 acres, at $12.94 - Zachariah T. WINDSOR for mountain lot #3, 53 acres, at $53.17 - Zachariah T. WINDSOR for mountain lot #4, 45 acres, at $32.61 Total sales, $6,874.47. Distributions: each 1/13 share, $504.85; closed 27 Oct 1845.
113-125 - HEMP, FEASTER, KESSLER, KOONTZ, KELLER, DARE - Mar 1845
Fredericktown Savings Instituion vs Estate of Frederick HEMP Frederick HEMP d/ 17 Mar 1845 intestate widow - Julian and 7 children d/ Ann Rebecca w/o Jacob FEASTER Jr. s/ John HEMP d/ David HEMP s/ Abraham HEMP, a minor s/ Samuel HEMP, a minor s/ William A. HEMP, a minor d/ Ellen Catharine HEMP, a minor David HEMP filed for insolvency and deeded his assets to his trustee, Absalom P. KESSLER. Land - Lot# 2 of "Daniel's Diligence", 100 acres, from Julian SHELHOUSE in 1836; on road leading from Jefferson to Burkittsville and next to land of Thomas JOHNSON (deeded to him by Richard JOHNSON of William). Guardian was David HEMP; trustee was William J. ROSS. On 18 Apr 1845, testimony was heard from George KOONTZ, and Joseph FAUBLE of the bank. On 29 Sep 1845, Catharine KELLER(?) stated the widow was 52 years, 11 months and 10 days old and her health was good. On 28 Jun 1845, sale was held at the tavern of Robert B. WINDSOR in Jefferson, high bidder was John DARE at $3,687.46. Distribution: The widow received 1/9 after mortgage, $387.70; to the Bank, $1,904.34; balance remaining with the trustee, $1,197.31. Closed 27 Oct 1845.
125-133 - BEALL, WAGGONER, WILLIAMS, EDWARDS, TURNER, SWEARINGER - Aug 1844
Edmond WAGGONER and w/ Zeruiah vs Estate of Charles BEALL Charles BEALL, dec'd (land not contained in will) widow - Tabetha (now Tabetha SWEARINGER) d/ Priscilla w/o Edward P. WILLIAMS, both d/ intestate, w/o issue d/ Susan w/o Adam EDWARDS - Out of State s/ Asa BEALL - Bourban Co, KY d/ Elizabeth w/o Richard TURNER, both d/ intestate .....Ninian TURNER, only child - Out of State d/ Itaria w/o Andrew WAGGONER - Out of State d/ Zeruiah w/o Edmond WAGGONER Land - 'Backland', 172 acres, on waters of Big Benett's Creek; from John BORDLEY (w/ Jane) of Kent Co, MD in 1788. Trustee was John H. WORTHINGTON; on 1 Mar 1845, sale was made to Zeruiah WAGGONER at $1,180, but she was married and unable to comply with the terms. Private sale was later made to Mrs. Tabitha SWEARINGER for the 160 acres at $1,180. Distribution: widow received 1/10, $102.42; each 1/5 share, $184.35, but the widow got Ninian, Itaria and Asa's shares because she had already given them advances for their shares. Closed 27 Oct 1845.
133-141 - ZIMMERMAN, STALEY, BURKHART, MARTZ - Jan 1845
George MARTZ vs Estate of George ZIMMERMAN George ZIMMERMAN of N., d/ Fall of 1843, intestate widow - Mary Ann and 5 minor children s/ Elijah F. T. ZIMMERMAN s/ Oliver T. ZIMMERMAN d/ Ann R. ZIMMERMAN d/ Marietta M. ZIMMERMAN s/ Lewis M. ZIMMERMAN Land - "Good Wife", 68 acres, from David ZIMMERMAN of N. in 1839. Guardian was Cornelius STALEY. Testimony was heard from Nicholas ZIMMERMAN. On 25 Jan 1845, Charles H. BURKHART testified he knew the widow and she was about 34 and in general health. Trustee was George MARTZ (who had also been the administrator). On 4 Apr 1845, sale was made to David ZIMMERMAN at $524. Distribution: the widow's 1/7, $63.08; to administrator for his overpayment, $146.16; each 1/5 share, $46.47. Closed 17 Dec 1845.
141-150 - CAREY, DUVALL, BANTZ, OSBURN - Apr 1844
Otho THOMAS vs Estate of John CAREY John CAREY d/ abt Dec 1843 or Jan 1844, intestate widow - Lucinda and three minor sons s/ John CAREY Jr. s/ Jacob CAREY s/ James CAREY Administrator was Daniel DUVALL; guardian was Edward BANTZ. Land - "Resurvey on Flag Pond", 136 acres, from Catharine JOHNSON (dower land) in 1839, next to "Addition to Carrollton" and Trammelsburg Road. Trustee was Daniel DUVALL. Land was surveyed and dower portion (1/3) was laid out for the widow, Lucinda for the middle 45 acres; the balance of 91 acres to be sold to cover debts. Sale was made to John C. OSBURN for 42 acres at $1,124.57 and the other 49 acres were sold at private sale to John C. OSBURN $1,103.30. All monies received were paid to creditors; closed 11 Dec 1845.
150-163 - WOOD, GRIFFITH, ETCHISON, WRIGHT, BURGESS, SLAVES, JAMES - Jun 1845
Sir Pratley JAMES vs John Henry WOODS and others Henry WOOD d/ intestate, leaving his only heir, - John WOOD d/ abt 1839 intestate ...w/ Ruth H. (Burgess) and 15 children ...John Henry WOOD and w/ Louisa ...Sarah Ann w/o Libbeus(?) GRIFFITH ...Basil WOOD and w/ Charlotte ...Jacob Gruber WOOD ...Joseph WOOD and w/ Evelina R. ...Rachel w/o Green H. ETCHISON - Montgomery County ...William WOOD (d/ at age 21, w/o issue) ...Joshua WOOD, a minor (turned 21 in May 1845) ...Charles WOOD, a minor ...Elias WOOD, a minor ...Moses WOOD, a minor ...Isaac WOOD, a minor ...Lydia R. H. WOOD, a minor ...Mary Ellen WOOD, a minor ...Elizabeth H. WOOD, a minor (any other children died as minors, intestate and w/o issue) Land - "Pools Industry", to Henry WOOD and Samuel WRIGHT from Dennis POOLE as exec/o Henry POOLE Sr. (w/ Elizabeth) in 1821. In 1834, agreement was made by Samuel WRIGHT and John WOOD to sell to Richard HOWARD. Samuel WRIGHT's only heir was Jesse WRIGHT who has conveyed a deed for that half to Richard HOWARD. In 1845, Richard HOWARD made a deed of trust to Sir Pratley JAMES to assist in covering Howard's debts. Howard also transferred to Sir Pratley JAMES: SLAVES - negro man SAM, age 33; negro girl CHARLOTTE, age 18; both slaves for life. Guardian was Washington BURGESS who also testified and was the brother of the widow, Ruth H. WOOD. Other testimony was heard from Ruth H. WOOD, Jesse WRIGHT, William LOWE. Court ruled the title be transferred to Sir Pratley JAMES; closed 23 Dec 1845.
163-168 - GARROTT, ORTMAN, BOTLER, PRESTON - Apr 1845
John T. GARROTT vs John ORTMAN and others John ORTMAN was indebted and mortgaged to John T. GARROTT and Thomas ORTMAN, but he later filed for insolvency; trustee was Casper MANTZ. The court appointed Casper MANTZ as trustee to sell the property to pay the mortgages. The property was divided into lots. Land - Lot #31 of Maryland Tract, part of "Paynes Delight" and "Hawkins Merry Peep of Day", previously from Ed A. LYNCH in 1841. On 17 May 1845, sale was made to: - John T. GARROTT for lot and dwelling house at $433 (Thomas ORTMAN's bid was not accepted because he is unable to comply with the terms.). - John T. GARROTT for lot at $110. - Thomas BOTLER for lot at $60. These were on the front of the lot. - John T. GARROTT and Samuel PRESTON for the back lot at $79. Total sales, $682. Distribution to creditors: John T. GARROTT, $525.60; Thomas ORTMAN, $75.73. Closed 20 Jan 1846.
169-179 - JARBOE, GROVER, AMNAN, BAUGHER - Oct 1843
Raphael JARBOE by Andrew AMMAN, his next friend vs George GROVER George GROVER of Emmitsburg had been appointed as guardian for Raphael JARBOE, an heir of Alexander JARBOE and Ann Elizabeth JARBOE and legatee of Theresa Adeline JARBOE, but the court revoked it after Grover was unable to post bond. George GROVER was the grandfather of Raphael JARBOE. During the time of guardianship, Grover collected $1094.25 which is still due to the minor. On 5 Jun 1843, Andrew AMNAN was appointed guardian by the court. George GROVER made a deed of trust to George M. GROVER to protect the interests of Raphael JARBOE, but has since filed for insolvency with William B. PITTINGER as his trustee. George M. GROVER lives out of state. Land - Lots #26 and 27, with stone house on Main Square of Emmitsburg; previously conveyed by James HUGHES and w/ Lucy to Patrick QUINN and from James McDIVIT and Patrick OWINGS, trustees of Patrick QUINN, to George GROVER and recently by James HUGHES, since the death of his wife Lucy, to George GROVER. Trustee was Andrew AMMAN; on 8 Mar 1845, sale was made to Isaac BAUGHER at $202.02. Distribution to the minor, Raphael JARBOE, $892.98; closed 8 Dec 1845.
179-190 - HEMP, FEASTER, KEEFER, KOONTZ, CULLER, HORINE, KELLER - Mar 1845
Henry CULLER Sr vs Jacob FEASTER and Others Frederick HEMP d/ 17 or 20 Mar 1845 intestate widow - Juliana d/ Ann Rebecca w/o Jacob FEASTER Jr. s/ John HEMP s/ David HEMP s/ Abraham HEMP, a minor s/ Samuel HEMP, a minor s/ William Alexander HEMP, a minor d/ Ellen C. HEMP, a minor Administrators were John FEASTER Sr and Jacob FEASTER Jr. Guardian was Michael KEEFER. David HEMP filed for insolvency in 1844 with Absalom P. KESLER as his trustee. Testimony was heard from George KOONTZ. Trustee appointed was Henry CULLER Sr. Land - "The Three Mills Secured", 45 acres, from Juliana SHELLHOUSE in 1826; next to the late Valentine EBERTS' "Resurvey on Anchor and Hope" and "Wills Inventure", "Resurvey on Wills Mountain" and on Catoctin Creek and next to part of "Anchors Hope" that was deeded to Jacob KLINE from Michael CRAGER; - also inclueded was adjoining tract, "Resurvey on Wills Invention" 20 acres, conveyed to Peter SHELHORSE from William JOHNSON, William B. LAMAR in 1811, farm previously owned by Richard JOHNSON; exception is 2 acres that Juliana sold to negro BENLEY(?) - Home Place, 130 acres, not to be sold unless monies are insufficient to cover all the debts. On 21 Jul 1845, sale was made to Henry CULLER Jr for the Mill property and adjoining land at $3,030. On 14 Aug 1845, private sale was made to Tobias HORINE for the Home Place at $6,324.50. On 24 Nov 1845, Catharine or Charlotte KELLER testified the widow was 53 years old and her general health was good; she was awarded 1/9 share of proceeds of sale, $943.47. Remainder of proceeds went to debts; closed 12 Dec 1845.
190-196 - KEMP, PHILIPS, JARBOE, WRIGHT - Jan 1845
Noah PHILIPS vs Daniel M. KEMP and Henry J. JARBOE Daniel M. KEMP and his wife, Susan M., mortgaged their property to Noah PHILIPS in 1839 with payments to be made by Daniel M. KEMP or David KEMP. In 1842, Daniel M. KEMP and his wife, Susan M., also conveyed the same land to Henry J. JARBOE. Land - 270 acres, conveyed by Lewis MOTTER as trustee for George TROXELL, dec'd, to Jacob WINEBRENNER in 1835, who conveyed it to Ezra CRAMER and Christian WINEBRENNER in 1837; then it was conveyed by Ezra CRAMER (w/ Mary) and Christian WINEBRENNER (w/ Phebe) to Daniel M. KEMP in 1839. Property lies on the great road leading from Emmitsburg to Middleburgh and adjoins the lands of Frederick TROXEL and Joseph CRABBS. Trustee was Noah PHILLIPS; on 10 Oct 1845, sale was made to Isaac WRIGHT at $6,000. Distribution: Noah PHILLIPS, $5,387.03; John PFOUTZ, $252.97 for part of his judgment claim. Closed 16 Jan 1846.
196-217 - BAKER, JONES, NUSBAUM, DORSEY, DEMPSEY, SAPPINGTON, ALBAUGH, OVELMAN - May 1842
Abraham NUSBAUM & Others vs Susannah BAKER & Others Christian KEENER and John B. FITZGERALD of Baltimore, trading as Keener & Fitzgerald, Abraham JONES, Abraham NUSBAUM, Rachel HAMMOND, Willliam BAKER, exec/of Adam BAKER, all filed suit as creditors. Dr. Henry BAKER Jr d/ 1837 or 1838 (will 22 Sep 1837; 22 Jan 1838) widow - Susannah Witnesses: Abraham JONES, James CHAMBERLAIN, Thomas CARR. The widow was named as executrix, but renounced it, then Noah PHILLIPS was named Administrator. SLAVE - negro woman, age 87 (in Aug 1844), slave for life and estate responsible for her support. Land - Lots #206, 207, 208 and 209 in Liberty Town, from Richard COLE (w/ Catharine) in 1815. - Lot #243 in Liberty Town, part of "Dukes Woods", from May SENSEY in 1811, located on draught of Linganore Creek called Piney Run. - "Dukes Woods", 2 acres, from Abraham JONES (w/ Charity) in 1834, located at the east end of Liberty Town next to "Carmacks Farewell". - "Long Streaks", 50+ acres, (for undivided 1/4 parts) from Edward DORSEY (s/o Ed) (w/ Deborah) of Anne Arundel County to Henry BAKER and David HINES in 1817 (previously patented to Ed DORSEY of John, father of Edward DORSEY of Ed in 1782). - "Long Streak", 50+ acres, (for undivided 1/4 part) from Henry DORSEY (s/o Ed) (w/ Elizabeth) of Harford County to Henry BAKER and David HINES in 1817. Abraham NUSBAUM died about July 1842. Private sale was made by Susanna BAKER to Warner DEMPSEY for the 2 acres at $150 (Deed HS-17, 58); other parts of the estate were sold by her to Thomas SAPPINGTON and William ALBAUGH. On 18 Jan 1845, public sale was made to Mrs. Prudence OVELMAN for a house and lot in Liberty Town at $600. Creditors paid; closed 24 Oct 1845.
217-233 - FINK, COOPER, GALWITH, KOONTZ, HARN, ROHRER, GAVER, PHILLIPS, KANER - Oct 1844
Emanuel FINK vs John FINK and Others John FINK Sr d/ 1844 intestate s/ Emanuel FINK s/ John FINK Jr (d/ bet Jun 1845 and Jan 1846, no issue) s/ Joseph FINK and w/ Margaret - Cooper Co, MO d/ Elizabeth (Fink) w/o John W. GALWITH d/ Sarah (Fink) w/o John KOONTZ d/ Susanna (Fink) w/o George HARN s/ George FINK, dec'd - Ohio ...Joseph FINK - Ohio ...Daniel FINK, a minor - Ohio ...George W. FINK, a minor - Ohio ...Elizabeth FINK, a minor - Ohio ...John FINK, a minor - Ohio d/ Rebecca (Fink) ROHRER, dec'd w/o Samuel ROHRER - Ohio ...John H. ROHRER - Ohio ...Emanuel ROHRER - washington Co, MD ...Catharine ROHRER - Ohio ...Jacob ROHRER - Ohio ...Rebecca ROHRER - Ohio ...Elizabeth ROHRER, a minor - Ohio ...Samuel ROHRER, a minor - Ohio Land - "Confusion Amended", 26 acres, next to "Friends Good Will" and "Uncles Gift"; also "Federal Manor", 5 acres, adjoins other tract, from Philip FINK Sr (w/ Elizabeth) in 1799. - from Henry FINK of Washington County, PA in 1804, who conveyed his interest in same land to John FINK (Henry got the land from his father, Philip FINK thru his will). - "Confusion Amended", 89 acres, from Frederick FINK of Hanover Co, VA; Philip FINK, Daniel FINK, Samuel GAVER and w/ Barbara, Solomon FINK; and John PHILLIPS and w/ Susannah of Washington Co, MD; to John FINK in 1803; surveyed by certificate for Philip FINK Sr in 1796. Located in Burkittsville. Note - Land Records Indicate John FINK's father was Philip and brothers were Henry, Frederick, Philip FINK Jr, Daniel and Solomon FINK; sisters, Barbara GAVER, and Susannah PHILLIPS In 1844, son Joseph FINK and w/ Margaret of Cooper Co, Missouri, sold his share to his brother John FINK Jr; however, Joseph was indebted to Kemp, Buckey & Co (by Lewis KEMP, Daniel BUCKEY and Samuel SHAFFNER). Testimony was heard from Adam CUSTARD, John HOUSE. Trustee was Emanuel FINK. On 5 Apr 1845, sale was made for farm of 115 acres to George KANER at $5,192. Distribution: Each 1/8 share, $616.94; Joseph FINK's share to be held pending court decision. Before distribution was made, John FINK Jr died and claim of George FINK's fifth child was amended. Distribution was recalculated dividing John FINK Jr's share among his siblings: each 1/7 share, $703.98 with Joseph's still pending. Closed 2 Feb 1846.
233-244 - SMITH/SCHMITT, ADAM, HOOVER, YOUNG, RECHER - Feb 1844
Jacob YOUNG vs John W. HOOVER, Catharine E. SMITH and Others John SMITH/SCHMITT, tobacconist d/ Aug 1843 (will 6 May 1843) widow - Catharine Elizabeth d/ Annetta Sabylla SMITH (also listed as Antoinette) s/ John William SMITH, a minor s/ George Henry SMITH, a minor d/ Caroline E. SMITH, a minor bro-in-law/ in Germany sister/ Margaret ADAM in Germany Exec/ Catharine Elizabeth SMITH and John W. HOOVER Land - in Graceham; from Benj. SIESS and Frederick WELLER, trustees of the United Brethren in 1832; property mortgaged to John HOOVER, Christian HOOVER, Jacob YOUNG, John YOUNG and Joseph M. PALMER. Christian HOOVER, now dec'd s/ John HOOVER s/ Augustus HOOVER s/ Jacob HOOVER d/ Serena HOOVER w/o Frederick RECHER d/ Ann HOOVER d/ Magdalena HOOVER Guardian of the Smith minor children was Jacob YOUNG. Report of Sales appears to be missing, but sales totaled $350 and Jacob YOUNG received a part of his claim for having paid the mortgage payments. Closed 6 Feb 1846. Note - page 242 and 243 are missing from online files.
245-251 - MEALY, LOWE, KOONTZ, LINN, MARKELL, METZGER - Nov 1845
President & Directors of Farmers Bank of Maryland vs Isaiah MEALY and Others Isaiah MEALY (w/ Elizabeth) filed for Insolvency in Nov 1844 and William LOWE was appointed as his trustee. Godfrey KOONTZ was appointed trustee to sell the mortgaged property. On 20 Dec 1845, sale was held at the hotel of Michael ZIMMERMAN; the two houses and lots on South Street were sold to John J. LINN at $955; the vacant lot of 2 1/2 acres on South Street to John MARKELL at $455; the brick house on West Patrick Street to George METZGER at $605; total sales were $2,015. After the mortgage was paid, the residue of $12.80 was paid to William LOWE as insolvent trustee for Isaiah MEALY/ Closed 21 Feb 18/46.
251-258 - BOTELER, NICHOLS, KESSLER, WERTS, KUHN, FLINN, PHILLIPS, MAHONEY - Feb 1845
Ed L. BOTELER, John NICHOLS and others vs Amanda PHILIPS and others Henry A. BOTELER d/ 1844 intestate widow - Mary (about 80 years old) s/ Ed L. BOTELER d/ Mary A. w/o John NICHOLS d/ Sarah w/o Israel KESSLER d/ Catharine w/o William WERTS d/ Elizabeth w/o John KUHN d/ Jane FLINN s/ Henry A. BOTELER Jr. d/ Susan PHILLIPS, dec'd .....Amanda PHILLIPS, a minor .....Thomas PHILLIPS, a minor Land - Lot #2, located in New Town (present-day Jefferson) from Abraham LAKIN in 1795 (to Lakin in 1775 from Leonard SMITH, exec/of Eleanor MEDLEY). Guardian was Israel KESSLER. Testimony was heard from Daniel H. THOMAS, who knew the decendant's family for 15-20 years; also, Jacob DUBBLE. Trustee was Ed L. BOTELER; on 3 Nov 1845, sale was made to William MAHONEY at $500, subject to the right of dower. Distribution: each 1/8 share, $52; closed 6 Mar 1846
258-266 - WILSON, WILLIAMS, HOLTZ, TYLER, WILCOXEN, NIXDORFF - Sep 1845
President, Directors & Co of Farmers Bank of Maryland and Nicholas HOLTZ vs Charles WILSON and Lot NORRIS Land - "Loom", 122 acres, part of "Taskers Chance", to Charles WILSON from Lewis REMSBERG, ex/of Stephen REMSBERG in 1838 - "Taskers Chance", two Lots, 1 acre, to Charles WILSON from Solomon GETZENDANNER (w/ Susan) in 1840. - part of 'Bell Air' farm, 1 acre, to Charles WILSON from Ed TRAIL (w/ Lydia) in 1841. - "Long Acre", to Charles WILSON from Ed GOLDSBOROUGH (w/ Margaret) in 1842. and mortgaged by Charles WILSON to Nicholas HOLTZ in 1844. Trustee was John H. WILLIAMS; on 17 Nov 1845, sale was held at the tavern of Michael ZIMMERMAN in Frederick; sales were to: - Dr. William TYLER for the portion north of the mill of 61 acres at $4,880. No sufficient bids for the remainder, but private sale made to: - John WILCOXEN for 60 acres at $6,000. - Henry NIXDORFF for the remaining tenement in 'Battle Town' in Frederick Town at $400. Closed 16 Mar 1846.
266-277 - McNAIR, ELLIS, TOOT, EYSTER, ARTHUR, McCALLISTER, PEARSON, ZIMMERMAN, BAUGHMAN, BAUGHER - Oct 1843
Alexander A. McNAIR, Benjamin ELLIS and others vs Samuel ARTHUR and others Samuel McNAIR of Adams Co, PA d/ Sep 1826 intestate d/ Alexander A. McNAIR - Philadelphia, PA d/ Margaret w/o Benjamin ELLIS - York Co, PA s/ Samuel S. McNAIR - Adams Co, PA d/ Martha w/o George TOOT - Adams Co, PA d/ Lavinia w/o Andrew EYSTER d/ Eugenia (d/ 1843) w/o Samuel ARTHUR .....Indiana ARTHUR, a minor .....Lavinia ARTHUR, a minor .....Samuel McNair ARTHUR, a minor .....Catharine ARTHUR, a minor .....Cornelia ARTHUR, a minor d/ Agnes w/o John Williams McCALLISTER - Carroll Co, MD d/ Maria w/o Isaac E. PEARSON d/ Ann w/o George ZIMMERMAN Land - "Fox Town", 2 acres, (from Charles ROBERTSON to John ARMSTRONG in 1811); - Lot #19, 10 acres, (laid out by Rev. Patrick DAVIDSON and conveyed from James HUGHES to John ARMSTRONG in 1811); - Lot #10, 10 acres, (laid out by Rev. Patrick DAVIDSON and conveyed from John HUGHES in 1812); - "Alexander's Prospect", "Resurvey on Dawthers Chance", and piece of land lying between the two, 27 acres, (as conveyed by Dr. Robert L. ANNAN to John ARMSTRONG in 1814); - "Alexander's Prospect", 7 acres, (from Henry NEED to John ARMSTRONG), on road leading from Emmitsburg to Gettysburg. All located near Emmitsburg and totaling 56 acres, to Samuel McNAIR of Adams Co, PA from John ARMSTRONG (w/ Agnes) in 1822. - "Resurvey on Dowthers Chance", 10 acres, (from Patrick DAVIDSON to Patrick BRADLEY in 1810); - "Foxtown", "Resurvey on Dowthers Chance", 3 acres, (from Lewis WEAVER to Patrick BRADLEY in 1814); and 1 acre (from Patrick ROGERS to Patrick BRADLEY in 1818; - "Alexander's Prospect", 177 perches, (from Henry NEED to Patrick BRADLEY in 1818. Totals 15 acres, to Samuel McNAIR from Lewis MOTTER, ex/of Patrick BRADLEY, in 1822. Trustee was John W. BAUGHMAN; testimony was heard from George M. EICHELBERGER, Jefferson SHIELDS. Trustee was William J. ROSS; on 3 Feb 1844, sale was held at Mrs AGNEW's tavern in Emmitsburg. There was no suffiecient bid and was rescheduled where all 72 acres were sold to Isaac BAUGHER at $1,170.50. Each 1/9 share, $110.97, filed on 3 Feb 1846. However, Isaac E. PEARSON filed a petition to claim a judgement against Samuel McNAIR (appears to be the younger one). A subpeona was issued for Samuel McNAIR; to continue at a later date.
278-292 - BLICKENSTAFF, HARN, MAIN, GROSSNICKLE, etc - Feb 1844
John BLICKENSTAFF vs Henry L. HARN and others Daniel BLICKENSTAFF d/ 11 Aug 1843 intestate widow - Anna d/ Elizabeth w/o Henry S. HARN, a minor d/ Mary BLICKENSTAFF, a minor (came of age during this period) s/ Daniel BLICKENSTAFF Jr, a minor Administrator was Daniel MAIN with Jacob LEATHERMAN and Jacob SOMMERS of C as securities; guardian was George GROSSNICKLE. Testimony was heard from George BOORMAN, George BOWLUS and Daniel MAIN. Land - in Middletown near John M. STOTTLEMYER's mill and saw mill. - "The Range", 48 acres, from John STOTTLEMYER and w/ Mary in 1836; - "Forest Purchase", 57 acres, from William DRAPER and w/ Mary in 1838 (previously to Henry NEWCOMER from Michael FIRESTONE and w/ Susannah in 1816); - "The Range", 26 acres, from Peter GROSSNICKLE of John and w/ Hannah, Peter BUZZARD and w/ Sarah, William J. HAVNE and w/ Susannah, John BROWN and w/ Mary Ann in 1839; - "The Range", 50 acres, from Jacob EVERHART and w/ Anna in 1836 (resurveyed for Yost BLICKENSTAFF); - "There is Good Luck for Another Old Buck", 50 acres, from Yost BLICKENSTAFF (w/ Margaret) to his sons, Daniel BLICKENSTAFF, William BLICKENSTAFF and John BLICKENSTAFF in 1818; - "Marker's Delight", 37 acres, from John McDONALD and w/ Anna Barbara in 1842; - "I'll Take It All", ? acres, from David MAUGINS in 1842. Trustee was Joshua DILL; on 15 Apr 1845, sales were made: - to John SCHANFELT for 26 acres at $200; - to John BLICKENSTAFF for 48 acres of mountain land at $63; - to Henry KUHN for 577 acres; - to Thomas WINFIELD for 50 acres at $77; - to Noah Exhibit(?) for 50 acres at $19; - to John BLICKENSTAFF for 3 acres at $312; - to Henry DELAUTER for 4 acres at $50; - to William GREEN for 37 acres at $250; - to Jacob WOLF and Samuel WOLF for 7 improved acres at $303; - to George LEASE Sr for 40 acres at $100. On 15 Nov 1845, sales were made to: - Henry FREY for 40 acres at $380; - John BUZZARD for 77 acres at $101 Creditors were paid, leaving only a balance of $71.51; closed 18 Mar 1846.
292-300 - SIMMONS, GITTINGER, ALLEN, SLAVES, HILLEARY, McPHERSON, HAMMOND - Aug 1845
John H. T. McPHERSON vs Edward T. HEBB, adm/of John H. SIMMONS, and others - Petition for Title Col. John H. SIMMONS (will 3 Apr 1837; s/ John E. H. SIMMONS - PA s/ Zachariah T. SIMMONS - PA s/ Baker H. SIMMONS s/ Samuel F. SIMMONS * .....Sarah Ellen SIMMONS d/ Rebecca F. GITTINGER * d/ Elizabeth Ann SIMMONS, now w/o Abraham Howard TIMMONS d/ Belinda E. ALLEN s/ James H. SIMMONS SLAVES - negro man, FREDERICK (to be freed 3 months after his death); none of the other slaves were to be sold, but were to be divided up amongst his children. Bequeathed 3-acre lot and stone house to daughter Rebecca, which he purchased at sheriff's sale, formerly property of Henry HILLEARY * They had already received their full share and balance of estate was not divided among them. Exec/ sons, Zachariah and John SIMMONS; Witnesses: John L. HARDING, Davis RICHARDSON, Henry HOUCK and G.M. EICHELBERGER. In 1843, John E. H. SIMMONS, by authority of his father's will, sold his father's 268 acre mansion to John H. T. McPHERSON through his agent, Charles HAMMOND, at $13,033.77. John E.H. SIMMONS revoked the duties of the executor before completion. Zachariah T. SIMMONS revoked the duties of executorship and because John E.H. SIMMONS failed to provide bond and was removed as executorship. He was replaced by Edward T. HEBB. Title was granted; closed 5 Feb 1846.
300-309 - LEE, WATERS, BARR, CROMWELL, BEALL - Apr 1846
William M. BEALL and John LEE and wife, Harriet vs Baker WATERS and others Land - Lot #4 of Carrollton", part of Carrollton Manor, 411 acres and 370 acres; located on the road leading from Frederick Town to Nolands Ferry on the the Potomac River. John LEE and w/ Harriett were entitled to a life estate in the property. Baker WATERS of Montgomery County failed to pay all of the money for his purchase. George SCHLEY of Washington County, trustee of Catharine BARR, The Frederick Town Savings Institution and Caroline CROMWELL (exec/of Richard CROMWELL) were summoned. William M. BEALL was trustee for Harriet LEE and sold off some of the original 1000 acres to cover debts of John LEE. Court ordered remainder of lands to be sold to cover debts of Baker WATERS providing for the life estate of Harriett LEE; with William M. BEALL to provide deeds; closed on 4 Apr 1946.
309-317 - STOCKTON, AUSTIN, REGNEY, STOKES, DUKE, NIXDORFF - Jul 1845
Catharine STOCKTON vs Samuel L. AUSTIN and others Richard C. STOCKTON of Baltimore, d/ 1 Nov 1837 intestate widow - Eliza P. (in Union Town, PA) and 6 children d/ Catharine w/o L. W. STOCKTON, dec'd - PA d/ Ann M. w/o Samuel L. AUSTIN - PA s/ Richard C. STOCKTON, a minor - PA d/ Ellen P. STOCKTON, a minor - PA d/ Margaret L. STOCKTON, a minor - PA s/ John H. E. STOCKTON, a minor - PA Land - "Taskers Chance", 3 acres, in Frederick on All Saints St, from Daniel HAUER (w/ Catharine) in 1827. It consists of a small 1-story house and frame barn bounded on the east by Peter MANTZ's lot, on the south by two streets running past the Baptist Church, on the west by the Alle running down to Patrick Street at the tavern of Thomas NUVENS(?), on the north by lots owned by heirs of LEVY, John BRUNNER, Jacob RIEHL and the town creek and by Mr SPINGER's. - Lot #3 in Frederick Town on PatricK St with a brick stable, from Thomas CARLTON, Sheriff, in 1826. Sale was in judgement of Peter LOWER against Robert HENDERSON. (Previously it was conveyed by William C. HOBBS, trustee of William SPRINGER(?) to Peter LOWER in 1808.) Testimony was heard from John REGNEY and Robert Y. STOKES. William B. STOKES testified on 21 Jan 1846 that the widow was between 48-50 years old. Trustee was George C. STOKES of Baltimore. Sale was held 24 Jul 1846 at ZIMMERMAN's Tavern, high bidders were: - Green H. DUKE for stable property at $925 - Henry NIXDORFF for the 3 acres at $1,000. Distribution: the widow's 2/15, $208.10; each 1/6 share, $260.12. Closed 16 Apr 1846.
318-323 - MYERS, SHRIVER, SCHOLL - 1845
John SCHOLL vs William H. MYERS and others Christopher MYERS d/ 1844 intestate s/ William H. MYERS s/ Lewis C. MYERS d/ Ann C. MYERS, a minor s/ Charles R. MYERS, a minor Administrator and guardian was Lewis C. MYERS. Trustee was Edward SHRIVER; sale was held at the hotel of M. ZIMMERMAN in Frederick Town on 8 Jan 1846, high bid went to Lewis C. MYERS at $710; creditors short paid. Closed 16 Apr 1846.
324-330 - KRAMER, BRANDENBURG, KOONTZ, LUGENBEEL, DILL, SCHOLL, NIXDORFF - Jan 1845
Moses LUGENBEEL and others vs Rebecca KRAMER and others Adam KRAMER d/ 1829 (will 6 May 1826) widow - Margaret (d/ Oct 1844) s/ John Adam KRAMER - Franklin Co, IL s/ Daniel Jacob KRAMER (d/ bet 1834-1835) ....his d/ Rebecca KRAMER, a minor (abt 13) - Jefferson s/ Philip KRAMER - IN s/ Frederick William KRAMER d/ Salome w/o Jacob BRANDENBURG - Montgomery Co, OH d/ Christina w/o Abraham KOONTZ - Buckeystown d/ Maria Charlotte w/o Moses LUGENBEEL - Buckeystown Exec/ wife and son Daniel J. KRAMER Witnesses: D. RICHARDSON, P. ONEIL, George THOMAS. Land - two small farms, 274 acres, in Buckeystown District. Guardian was John DILL; testimony was heard from John SCHOLL. Trustee was Moses LUGENBEEL; after a failed public sale, private sale was made to Henry NIXDORFF at $6/acre, totaling $1,648.50. Distribution: each 1/7 share, $216.92; closed 3 Jul 1846.
331-339 - WITHEROW, STEWART, STAMMERS, WILLIAMS - Nov 1845
Jane E. WITHEROW and Others vs John WITHEROW and Others - Sale of Real Estate John WITHEROW Sr d/ Jun 1841 intestate d/ Jane Eleanor WITHEROW d/ Margaret B. w/o John T. STEWART s/ John R. F. WITHEROW d/ Elizabeth WITHEROW (d/ abt Jul 1844) s/ Thomas L. WITHEROW, a minor d/ Sarah A. J. WITHEROW, a minor Land - parts of "Buck Forrest" and "Brooks Reserve", 343 acres; - "Creager's Surprise", 176 acres of mountain land. - "Rock and Stones", 73 acres; divided into five lots. Guardian and trustee was John WITHEROW; testimony was heard from John H. WILLIAMS. Sale was held in Dec 1845, high bidders were: - John R. F. WITHEROW for the farm at $20/acre, totaling $6,870; - William STONER for the mountain tract at $1.02/acre, $179.77; - Henry VALENTINE for Lot #1, 6 acres, at $46.33; - William KOUFTER for Lot #2, 13 acres, at $100; - William SEFTON for Lot #3, 18 acres, at $93.23; - John F. ELDER for Lot #4, 17 acres, at $207.30; - John LONG and Henry BLACK for Lot #5, 18 acres, at $297.80. Distribution: each 1/6 share, $226.71; closed 10 Jun 1846. Will of Elizabeth WITHEROW (filed Jul 1844) - cousin, Jane E. STAMMERS - bro/ John R. F. WITHEROW (1/2) on condition he support sister/ Jane Eleanor WITHEROW - sister/ Margaret B. STEWART - sister/ Sarah A. J. WITHEROW (Pages 332 and 333 are missing from online scans which included part of Elizabeth's will.) Note - Continued on page 734.
339-345 - ENGLAR, HAMMOND, SIMPSON, WALTZ - Jan 1846
Nancy SIMPSON vs John ENGLAR and others Basil ENGLAR d/ 22 Jan 1845, intestate widow - Eleanor S. and 4 minor children, s/ John ENGLAR s/ Solomon ENGLAR d/ Mary E. ENGLAR d/ Sarah C. ENGLAR Land - 5 acres, from Richard SIMPSON and W/ Nancy on 7 Jan 1846. Guardian was Eleanor S. ENGLAR; testimony was heard Jan 1846 from John HAMMOND and Richard SIMPSON. Administrators were Eleanor S. ENGLAR and Enoch I. WALTZ. Trustee was Richard SIMPSON; sale made to Eleanor S. ENGLAR for $501. Proceeds slightly short to cover the creditors; closed 10 Jul 1846.
345-360 - EVERHART, LEGHDERT/LIGHTERT, BITENBENER, BOWLUS, ZITTLE - Jul 1844
Daniel SHAFER and George BITENBENER, creditors vs Jacob EVERHART Jr and others Jacob EVERHART d/ 1843 intestate widow - Sarah(?) s/ Jacob EVERHART Jr. and w/ Elizabeth s/ John EVERHART - Dearborn Co, Indiana s/ Daniel EVERHART and w/ Peny Ann - Montgomery Co, Ohio d/ Elizabeth w/o Peter LEGHDERT/LIGHTERT d/ Lydia w/o George BITENBENER Administrators were Peter LEGHDERT and Jacob EVERHART Jr. Power of Attorney for John and Daniel EVERHART was George BOWLUS, esq. Land - tracts in Middletown - "Trails Good Will", "Taken in Time", "Resurvey on Mendall", "Pick All", "Last Shift", Forrest", "I Hope It Is Well Done", "Shittle Matitency", "Wooden Platter", "Addition to What Not" and "Everhart's Purchase". Tracts conveyed to Jacob EVERHART from Samuel MAGRUDER; Abraham BOGUE(?) (w/ Elizabeth); Jo SWEARENGER (w/ Ruth); Samuel JOHNSON of Baltimore City and exec/of James USHER who was exec/of Abraham USHER; Henry YOUNG (w/ Hannah); Bartholow BOOKER (w/ Margaret); Christian ROUTZAN (w/ Barbara); Andrew SMITH (w/ Mary E.); Nathaniel TRAIL. Heirs of Sarah EVERHART, dec'd, sold 80 acres to Peter LEGHDERT and 155 acres to Jacob ZIDLTE/ZITTLE. Merchant mill with a brick house and 80 acres wasn't sold. (All are adjoining tracts.) Distribution: Each 1/5 share, $1,415.24; closed 18 May 1846. Note: pages 350 and 351 are duplicated online.
361-376 - LEATHERMAN, SUMMERS, GESEY, CRAVER, MAUGINS, MAIN, WARRENFELTS, LUDY, DERR, SMITH, STOTTLEMYER, etc - Oct 1844
Jacob LEATHERMAN and John SUMMERS and others vs David GESEY and others Godfrey LEATHERMAN d/ intestate, leaving 11 children, s/ Jacob LEATHERMAN d/ Margaret (Leatherman) w/o John SUMMERS s/ Daniel LEATHERMAN d/ Susan (Leatherman) w/o Jacob GESEY (both died bef her father) .....Daniel GESEY .....Mary (Gesey) w/o Henry DERR .....Susan (Gesey) w/o Percy G. SMITH .....David GESEY - Out of State .....Jacob GESEY - Out of State .....William GESEY .....Elizabeth GESEY .....Catharine GESEY, a minor s/ Frederick LEATHERMAN (died aft his father) ...w/ Elizabeth - all Out of State .....Daniel LEATHERMAN .....Mary Ann LEATHERMAN .....Christian LEATHERMAN .....Frederick LEATHERMAN .....Sarah Ann LEATHERMAN .....Joseph LEATHERMAN .....Conrad LEATHERMAN d/ Elizabeth w/o Jacob CRAVER (both died bef her father) .....Peter CRAVER .....Mary (Craver) w/o Daniel MAUGINS - Out of State .....John CRAVER .....Ellizabeth CRAVER .....Susan (Craver) w/o Peter WARENFELTS - Out of State s/ John LEATHERMAN (died aft his father) ...w/ Eve - All Out of State .....John LEATHERMAN .....Rebecca LEATHERMAN .....Elizabeth LEATHERMAN .....Delilah LEATHERMAN, a minor .....Eve LEATHERMAN, a minor .....Lafayette LEATHERMAN, a minor .....Mary A. LEATHERMAN, a minor d/ Magdalena w/o Daniel MAUGINS (she died bef her father) .....Susan MAUGINS, a minor - Out of State .....Rezin MAUGINS, a minor - Out of State .....Daniel MAUGINS, a minor - Out of State .....Elizabeth MAUGINS, a minor - Out of State d/ Sarah w/o John A. MAIN (she died aft her father) .....Adam MAIN, a minor .....Susan MAIN, a minor .....Mary A. MAIN, a minor .....Edward MAIN, a minor .....William Henry MAIN, a minor .....Frederick MAIN, a minor d/ Catharine (Leatherman), a minor and w/o Philip WARRENFELTS d/ Mary (Leatherman), a minor and w/o Jacob LUDY Land - "Leatherman's Chance", 10 acres, from Jacob STOTTLEMEIER (w/ Ezelula) and David STOTTLEMEYER (w/ Barbara) in 1830. - "The Third Time", 332 acres, from George A. KLINE (w/ Catharine) in 1808. - "What You Please", 20 acres, from John WISEMAN in 1812. - "Maple Bottom" and "Middle Land", from Daniel MAUGINS and w/ Magdalena in 1831. Guardian was John A. MAIN; testimony was heard from John P. STOTTLEMYER. Trustee was Jacob LEATHERMAN; on 18 Apr 1845, sale was made to: - Plot #1-1, 117 acres to John SUMMERS of C. at $3,019.18 - Plot #1-2, 53 acres to John A. MAIN at $583 - Plot #2-1, 36 acres to Daniel STOTTLEMYER at $367.43 - Plot #2-2, 34 acres to George PALMER at $485.45 - Plot #2-3, 34 acres to Jacob STOTTLEMYER at $379.22 - Plot #2-4, 32 acres to George PALMER at $321.64 - Plot #2-5, 25 acres to Christian LEATHERMAN at $245.99 - Plot #3 ("What You Please"), 20+ acres to John SUMMERS of C. at $264.56 Total sales, $5,666.49. Distribution submitted: each 1/11 child's share, $414.18. - Surviving spouses of Frederick LEATHERMAN, John LEATHERMAN and Sarah MAIN were supposed to have received 1/11 of their spouse's share before distribution of the remainder to their children (would be $37.65 each). Petition was made to place distribution on hold as several of the buyers failed to comply with the terms: Christian LEATHERMAN, John SUMMERS of C., George PALMER and Jacob STOTTLEMYER. Plots had to be resold: - Plot #3 to Daniel STOTTLEMYER at $264.56 - Plot #1-1 to Jacob WOLF at $2796 - Plot #2-2 to Jacob WARRENSFELT at $433.43 - Plot #2-3 to Josiah WARRENSFELT at $247.87 - Plot #2-4 to Joshua WARRENSFELT at $168.03 - Plot #2-5 to Samuel HOOVER at $166.08 Total sales, $4,075.99. File closed 4 Mar 1846.
377-385 - SHAFFER, EDWARDS, HOFFMAN, CRUMBINE, OTT, SMITH, HOWARD - Dec 1844
Peter SHAFFER and Others vs David SHAPIN and Others John SHAFFER d/ 5 Nov 1845, intestate without issue widow - Elizabeth bro/ Peter SHAFFER sis/ Susan (Shaffer) w/o Richard EDWARDS sis/ Elizabeth (Shaffer) w/o John HOFFMAN bro/ Jacob SHAFFER, dec'd .....Mary A. (Shaffer) w/o Daniel CRUMBINE .....Jacob SHAFFER .....David SHAFFER, a minor .....Sarah A. SHAFFER, a minor .....Catharine SHAFFER, a minor .....Harriet SHAFFER, a minor Land - "Lambeth" and "Fairfield", 300+ acres, located along Harpers Ferry Road. Guardian was George SMITH; testimony was heard from Peter(?) OTT. Trustee was George SMITH; petition by widow to have dower land laid off before sale of remainder of estate. On 14 Mar 1846, sale was held at Hotel of William COOKERLY in Frederick Town, sales went to: - Ed HOWARD for 85 acres at $2,571.93 - William H. SMITH for 154 acres at $3,137.87 Distribution of 1/3, now in hands of trustee; to the minor children of Jacob SHAFFER: David, $446.79; Catharine, $423.84; Sarah A., $432.33; Harriet, $425.79. Closed 20 Jul 1846.
385-392 - VORE, LANE/McLANE, DEEMS, STEVENS, ANDERSON, BALDWIN - Feb 1846
Jesse WRIGHT, adm/of Samuel WRIGHT vs Mary VORE and Others Mordecai VORE, dec'd (will 18 Dec 1837; 23 Jan 1838) widow - Mary d/ Harriet M. (Vore) w/o Samuel M. LANE (or McLANE) s/ William VORE - Out of State d/ Eliza Ann (Vore), dec'd w/o Adam DEEMS - Baltimore Co .....Caroline DEEMS, a minor .....William DEEMS, a minor .....George DEEMS, a minor - Howard Distr of Anne Arundel Co .....Mary A. DEEMS, a minor .....Sarah A. DEEMS, a minor Execs/ wife and son. Witnesses: David BOWLUS, Peter H., Daniel MILLER. Guardian was Joshua DILL; testimony was heard from John STEVENS. Trustee was William P. ANDERSON; sale was held 6 Aug 1845, high bidder was Mary BALDWIN at $428 (no description of real estate in file). Proceeds short, but Jesse WRIGHT received partial payment. Closed 16 May 1846.
393-400 - BEST, CRAMER, WALKER - Dec 1845
Jacob CRAMER of H. pro ami of Henry L. BEST and others John F. BEST, dec'd widow - Catharine and 5 minor children, s/ Henry L. BEST s/ George W. BEST s/ John C. BEST d/ Mary E. BEST s/ Noah BEST Land - parts of "Braden's Lot", "Mackey's Luck" and "Good Luck", 12 acres, from Fred BARRICK, trustee for Adam CREAGER, in 1835; starts at Lot #11, part of "Dulaney's lot" and "Spring Garden" and next to lot of John MARTIN and Daniel CREAGER; Also "Abraham's Offering", 10+ acres, adjoins "Spring Garden" and goes across Israel's Creek; plus another 4 acres by "Spring Garden" and rights to the mill race. It had a mill, house, stable, milk house and fencing. - 1/2 of Lot #37 in Woodsborough, part of "Woods Town Land", from Henry C. DONSIF and w/ Charlotte in 1837. - Lot #38 in woodsborough, part of "Woods Town Land", from George BEST in 1828. Guardian was David SCHLEY, esquire; trustee was Jacob CRAMER of H. who also testified on 4 Mar 1846 that the widow was between 35 and 40 years old. On 14 Jul 1846, sale was made to Samuel D. WALKER at $3,400 Distribution: (first 1/3 of proceeds, $1,133.33): widow's 1/7, $479.14; each child's 1/5 share for first distribution, $95.82. Closed 16 May 1846.
400-406 - ANDERSON, SMITH, SLAVES, BURGESS, WELKEY - Jan 1845
William P. ANDERSON and Henry M. ANDERSON vs Charles C. ANDERSON and others will of Mrs. Rachel SMITH (will 3 Sep 1841; 22 Mar 1842) s/ John H. M. SMITH d/ Ann (Smith) ANDERSON .....Philemon S. ANDERSON .....Thomas ANDERSON .....William P. ANDERSON .....Henry M. ANDERSON .....Mary H. S. ANDERSON SLAVES - negro girl LOUISA (to son John until she is 35, then to be free, but if John dies before that, then she would go to grdaughter Mary mentioned above.) - negro woman MINTY ANN (to dau Ann until she is 35, then to be free) - negro boy ISAAC (to grson Philemon until he is 35, then to be free) - negro boy ABRAHAM (to grson William until he is 35, then to be free) - negro boy NOAH (to grson William until he is 35, then to be free), but not to be taken from his mother until he is 3. - negro boy GEORGE (to grson Henry until he is 35, then to be free) - negro girl MIRANDA (to grdau/Mary until she is 35, then to be free) Land - House and Lot in New Market to dau/ Ann; - House and Lot at Baltimore & Ohio Railroad (from Jesse WRIGHT) to grson/ Thomas. Execs/ grsons/ William, Philemon and Henry. Witnesses: H.M. SNYDER, J. THOMAS, David J. W. GEZER. ==== Thomas ANDERSON d/ Sep 1844 intestate bro/ William P. ANDERSON bro/ Henry M. ANDERSON bro/ Charles C. ANDERSON, a minor - Baltimore Co bro/ Absolom ANDERSON, a minor sis/ Mary A. ANDERSON, a minor Land - house and lot Guardian was Joshua DILL; testimony was heard from Washington BURGESS(?); trustee was William P. ANDERSON. Sale was held at the tavern of Thomas ECHESOn in New Market, high bidder was Charles L. WELKEY at $309. Distribution: each 1/5 share, $48.03; closed 30 Jul 1846.
406-420 - RAMSBURG, ANGLEBERGER, O'NEILL, SNOOK, HOFFMAN, OTT, WORTHINGTON - Jan 1846
Daniel RAMSBURG vs Mary RAMSBURG and others John RAMSBURG of Jacob d/ 1845 intestate widow - Mary (age abt 58 in Jun 1846) s/ Daniel J. RAMSBURG d/ Nancy RAMSBURG s/ John T. RAMSBURG s/ David J. RAMSBURG s/ Samuel RAMSBURG, a minor d/ Catharine (Ramsburg), dec'd w/o David ANGLEBERGER .....John Philip ANGLEBERGER, a minor .....Lutten/Luther H. ANGLEBERGER, a minor .....David F. ANGLEBERGER, a minor .....Ann C. ANGLEBERGER, a minor .....Manetta ANGLEBERGER, a minor Land - "Strong/Stoney Corner", 19 acres, from William P. JONES and w/ Margaret A. in 1844. - "Laurel Hill", 56 acres, from George DUTTERO (w/ Catharine) in 1803; next to Jacob RAMSBURG's part of "Turkey Manor" and land of Jacob HUMBERT. - "Resurvey on TearnocK", 38 acres, from Jacob HOLTZ and w/ Susanna in 1834. - "Turkey Manor", 55 acres, from Frederick RAMSBURG, trustee for Jacob RAMSBURG, in 1827. - "Baltzell's Content", 78 acres, from John STONER Jr and w/ Elizabeth of Seneca Co, Ohio in 1825; (from Jacob BALTZELL to Daniel BALTZELL in 1800). - "Resurvey on Tearnock", 5 acres, from Martin ZEIGS (w/ Christina) in 1829 (previously from Michael TANEY to Jacob CULLER); and also 8 acres (previously from from George MARKER to Nicholas HOLTZ in 1808). - "Resurvey on "Tearnock", 19 acres, from Jacob HOLTZ in 1822; lies on south bank of Fishing Creek (next to land of Stephen STONER conveyed to George MARKER Jr). Guardian was Thomas H. O'NEILL; Testimony was heard from Jacob SNOOK. Trustee was Daniel RAMSBURG; on 26 Mar 1846, sales went to: - Samuel RAMSBURG for 29 acres of "Baltzell's Content" at $733.53. - William C. HOFFMAN for 27 acres and another small lot on same tract at $1,458.79. - J. F. RAMSBURG for 29 acres and 25 acres, parts of "Laurel Hill" and "Turkey Manor" at $236.25. - David J. RAMSBURG for 29 acres and 25 acres on same tracts for $497.25. - William OTT for 31 acres, part of "Laurel Hill", for $714.37. - Charles WORTHINGTON for 19 acres, part of "Strong/Stoney Corner", at $270.75. - Mary RAMSBURG for the farm where she resided, part of "Resurvey on Turnock", 70 acres, at $5,667.91. Distribution: widow, $536.12; each child's 1/6 share, $804.19. Closed Aug 1846.
420-422 - WORMAN, DUDDERAR - Mar 1842
John DUDDERAR and Juliana WORMAN vs Maximas J. WORMAN and others Supplemental and Trustee's 2nd Report John DUDDERAR, trustee for the estate of Andrew WORMAN, sold the remaining real estate at private sale to MAXIMUS WORMAN for "Rural Felicity", 41 acres, known as the Mill property on Baltimore Road, about four miles east of Liberty Town and formerly owned by Andrew WORMAN, dec'd, at $5,000. Creditors paid; closed 7 Aug 1846.
422-423 - BARRICK, CRONISE - Jan 1844
Ezra BARRICK, next friend of Mary J. BARRICK and others - Petition Supplemental and Trustee's 2nd Report Ezra BARRICK, trustee for estate of Frederick BARRICK, dec'd, has now sold at private sale to - Isaac CRONISE, 1/2 part of No C, part of "The Mountain Tract", 30 acres (previously to Frederick BARRICK by Frederick CRAMER) at $210. (Reported 17 May 1845) Distribution: Catharine BARRICK, widow, 1/9 or $21.46; - Juliana w/o J. CRONISE, 1/7 or $24.53; - Catharine A. R. BARRICK, 1/7 or $24.53; - Estate of Simon BARRICK, $122.65, divided as follows: his widow, Ann C., $17.52; and to each of his three children, $35.04, named as Mary Jane, Susan C. and Frederick D. BARRICK. Closed 16 May 1846.
424-424 - HOLTZMAN, EARHART, TWIGGS - Mar 1846
HOLTZMAN vs HOLTZMAN Supplemental and Trustee's 2nd Report M. B. LUCKETT, trustee for estate of Jacob HOLTZMAN, dec'd, has received final payment on sales of real estate. Distribution: Total amount for distribution, $250.88, as follows, - William EARHART and wife, $47.96 - Joseph TWIGGS and w/ Sarah, $46.93 - John HOLTZMAN, sole heir of C. HOLTZMAN, $92.64 - Charles HOLTZMAN, $63.35 Closed 16 Mar 1846.
424-435 - HARDT, DOLL, ROHR - Nov 1845
John HARDT and George HARDT vs Catharine HARDT and others Peter HARDT d/ abt 1825 (will 16 Feb 1820) widow - Charlotte d/ abt Oct 1845 s/ John HARDT and w/ Catharine s/ George HARDT and w/ Eliza - Montgomery Co, MD s/ Peter HARDT Jr d/ aft his father, intestate ...w/ Catharine (she and her children live in PA) ......Theodore HARDT ......Edwin HARDT ......William HARDT, a minor ......Charles HARDT, a minor ......Mary E. HARDT, a minor ......Philip R. HARDT, a minor ......Ferdinand HARDT, a minor ......Camilla HARDT, a minor One of the executors of Peter Sr's will, John DOLL, has since died. Another executor, Philip ROHR is incapable of acting as executor because of impariment of his mind by old age. Land - #2 which is parts of Lots #83 and 84 in Frederick Town, from Frederick BOOGHER (w/ Christina) in 1800 (to Boogher from Henry LEATHERMAN in 1794). Trustee was James BRUNNER; sale went to the Junior Fire Company at $1,825. Henry HOUCK was insolvent trustee for John HARDT. Distribution: to George HARDT and John HARDT's trustee, $847.52 each. Closed 25 Jul 1846.
435-452 - SWOMLEY, WEBB, SLAVE, NELSON, DEVILBISS, CLARY, MERCER, OWINGS, LEASE, McELFRESH, MANTZ, BURRALL, LECKLE - Jan 1846
Asa SWOMLEY vs Elisha SWOMLEY and others Mahlon SWOMLEY d/ 14 Sep 1845 near New Market (will 12 Aug 1845; 22 Sep 1845) widow - Sarah and 4 minor children, d/ Marian A. (age 20) w/o George W. WEBB s/ Elisha SWOMLEY (age 18) s/ Daniel SWOMLEY (age abt 16) d/ Lydia SWOMLEY (age 9) SLAVE - black girl LUCINDA (to wife) Executor - Nathan NELSOn witnesses: John MILLER, John HARDING, Joel HALL. Widow renounced will and chose to take 1/3 dower of estate. Land - "Resurvey on Hall's Choice" and "Turner's Promise", 155 acres, in New Market District, from Asa SWOMLEY (w/ Mary) in 1828; adjoining lands of Benjamin HALL, Asa SWOMLEY, John MILLER, John WARFIELD and others; on Linganore Creek. - "Peace and Plenty", (22 acres), from John H. McELFRESH and w/ Theresa in 1828 (inherited by Theresa from her mother, Mary MANTZ). - "Peace and Plenty" and "Hall's Choice", 80 acres, from Abelard STEVENSON (w/ Matilda) in 1833; adjoining lands of Joshua RUSSEL, Walter C. HAMMOND and the late Elias BUCKINGHAM. - "Drummine", 3 roods, House & Lot in New London; in 1836 from heirs of Elisha NELSON: widow - Aseneth, now w/o John LEASE; and siblings, - Benjamin NELSON (and trustee) and w/ Hester - Robert NELSON - Henry NELSON - Nathan NELSON - Matilda and h/ George DEVILBISS - Sophia and h/ Solomon CLARY - Mary and h/ Archibald MERCER of Anne Arundel County - Maranda and h/ Luther OWINGS of Kentucky - Catharine and h/ William H. NELSON - "Resurvey on Drummine", 4 acres, from Amos CLARY and w/ Elizabeth in 1842 (to them from Benjamin NELSOn in 1837); next to land of James SMITH. This was sold to John SHULTZ by Mahlon before his death. One of the farms was then occupied by John BURRALL and Francis LECKLE, a field was near William HOBB's Mill. Guardian was Joel HALL; testimony was heard from Nathan NELSON who stated he has known the children since their infancy and the widow before her marriage and witnessed her marriage. The widow's dower was laid out for 80 acres on parts of "Peace and Plenty" and "Hall's Choice" and a wood lot on "Peace and Plenty" of 22 acres. Closed 18 May 1846.
453-481 - DEVILBISS, STEELE, CLARY, BARRICK, NUSBAUM, CAMPBELL - Oct 1843
David DEVILBISS and w/ Elizabeth vs Estate of George DEVILBISS The complainant David DEVILBISS is the brother of George DEVILBISS and owned land jointly with him, inherited from their father. Their brother William DEVILBISS conveyed his interest to his brothers in 1820. Adam DEVILBISS, dec'd (will 19 Aug 1894) (was s/o George DEVILBISS) widow - Catharine s/ George DEVILBISS * s/ David DEVILBISS s/ William DEVILBISS d/ Catharine DEVILBISS d/ Barbara DEVILBISS d/ Rosanna DEVILBISS (later married a STEELE) (unborn child) DEVILBISS Exec/ wife; witnesses: Upton SWEDENER, William MERRYMAN, James MUMFORD, Jr. Land - "Resurvey on Dear Bought" and "Ushers Freehold", 210 acres, (patented to Adam DEVILBISS in 1787). - "Dear Bought", 50 acres, next to "Partnership". * George DEVILBISS d/ 22 Apr 1842 intestate wife died prior to his death. s/ Adam W. DEVILBISS and w/ Rosanna s/ Henry A. DEVILBISS d/ 20 Aug 1842 (no wife or children) d/ Elizabeth A. w/o Amos CLARY (both died aft her father in 1843) .....Sarah C. CLARY, a minor (L/w John & Catharine Barrick in Ohio) .....James H. CLARY, a minor .....Eugenia Jane CLARY, a minor d/ Catharine S. w/o John W. BARRICK - Seneca Co, Ohio d/ Miranda O. DEVILBISS, now w/o George W. DEVILBISS s/ Luther M. DEVILBISS d/ Ascenia R. DEVILBISS, a minor - Ohio d/ Matilda America DEVILBISS, a minor s/ George C. DEVILBISS, a minor s/ Thomas E. DEVILBISS, a minor d/ Barbara DEVILBISS, a minor Guardian for the three youngest children was Adam W. DEVILBISS; for America, it was Amos CLARY; and for Ascenia, it was John W. BARRICK. Claim was made that Thomas E. DEVILBISS was mentally impaired and requested he have a trustee. After this supplemental petition was file, Caspar MANTZ was appointed guardian of Matilda A., George C., Barbara and Thomas E. DEVILBISS and James H. and Jane CLARY. Property had been sold to Adam NUSBAUM for $4,000in 1845 by private sale and debts were paid; most were paid to David DEVILBISS who had paid many of the claims. Abner CAMPBELL was appointed as trustee for Luther M. DEVILBISS for his insolvent petition. Distribution: after 1/2 was paid to David DEVILBISS for his 1/2 ownership, balance to distribute among George DEVILBISS' children was $$2,669.91, each 1/10 share, $266.99. Closed 7 Sep 1846. (Online copy pages 458-459 were skipped; 464 and 465 were repeated)
481-483 - LEATHERMAN, MAIN - Oct 1844
Jacob LEATHERMAN and John SUMMERS and others vs David GESEY and others Administration of Estate of Frederick LEATHERMAN Distribution: - Estate of Frederick LEATHERMAN, $414.18 - Heirs of John LEATHERMAN, $414.18 - Heirs of Sarah MAIN, $414.18 - Elizabeth LEATHERMAN (age 50-55), wid/o Frederick, $51.52 - Daniel LEATHERMAN, s/o Frederick, 1/7 of 1/3, $51.52 - H.A. (or M.A.) LEATHERMAN, s/o Frederick, 1/7 of 1/3, $51.52 - Jacob LEATHERMAN, trustee in place of Charles LEATHERMAN, s/o Frederick, 1/7 of 1/3, $51.52 - Frederick LEATHERMAN, s/o Frederick, 1/7 of 1/3, $51.52 - Sarah A. LEATHERMAN, d/o Frederick, 1/7 of 1/3, $51.52 - Joseph LEATHERMAN, s/o Frederick, 1/7 of 1/3, $51.52 - Conrad LEATHERMAN, s/o Frederick, 1/7 of 1/3, $51.52 - Eve LEATHERMAN (age 60), wid/o John, $41.21 - John LEATHERMAN, s/o John, (1/7 of 1/3, $52.99 - Rebecca LEATHERMAN, d/o John, (1/7 of 1/3, $52.99 - Elizabeth LEATHERMAN, d/o John, (1/7 of 1/3, $52.99 - Delilah LEATHERMAN, d/o John, (1/7 of 1/3, $52.99 - Eve LEATHERMAN, d/o John, (1/7 of 1/3, $52.99 - Lafayette LEATHERMAN, s/o John, (1/7 of 1/3, $52.99 - Mary A. LEATHERMAN, d/o John, (1/7 of 1/3, $52.99 - John A. MAIN (age 44), widower of Sarah, $77.28 - Adam MAIN, s/o Sarah, 1/6, $55.81 - Susan MAIN, s/o Sarah, 1/6, $55.81 - Mary A. MAIN, s/o Sarah, 1/6, $55.81 - Ed MAIN, s/o Sarah, 1/6, $55.81 - William H. MAIN, s/o Sarah, 1/6, $55.81 - Frederick MAIN, s/o Sarah, 1/6, $55.81 Closed 7 Aug 1846.
483-492 - BRENGLE, GOYER, SHUPP/SHOPE, SPONSELLER, HUGHES, HECKATHORNE, PRINCE - Jun 1846
John GOYER and others vs Lemuel PRINCE and Mary E. PRINCE George BRENGLE died 1810 leaving a will naming his daughters, Mary GOYER and Elizabeth SHUPP who are both now deceased. The properties were then to go to their children. Executor was Lawrence BRENGLE; will written 31 Mar 1810. George BRENGLE of Frederick Town, dec'd d/ Mary GOYER, dec'd .....Jacob GOYER .....Elizabeth GOYER .....John GOYER - Out of State .....Rebecca (Goyer), dec'd w/o Thomas PRINCE .....---Mary E. PRINCE, a minor .....---Lemuel PRINCE, a minor d/ Elizabeth SHUPP/SHOPE d/ 1844 .....George B. SHUPP .....Catharine (Shupp) w/o Jacob SPONSELLER .....Sophia (Shupp) w/o Edward HUGHES .....Mary (Shupp) w/o Christian HECKATHORNE .....John W. SHUPP - Out of State Land - House and Lot in Frederick Town (Home Place) and two lots (to daughter Mary); - House and Lot in Frederick Town, then in possession of Daniel STOUFFER (to daughter Elizabeth). A lot adjoined Christian BRENGLE. Trustee was Gideon BANTZ. On 14 Jul 1846, sales went to: Lot #1 - HANSHEW & MARKEY at $230 Lot #2 & Lot #3 - John G. SIM, on Third St, at $410 Lot #4 - ___ner KAUFFMAN at $230 Lot #5 - Bartol MAYER at $155 Lot #6 - Fred SUMSTRIN at $150 Lot #7 - John G. SIM at $140 Lot #8 - John G. SIM at $140 Larger Lot - Henry SHULTZ, on Third Street next to lot of heirs of Andrew YOUNG, at $345 Larger Lot - William B. SHOPE, next to other larger lot, at $366 Total sales, $2,266. Trustee for insolvent George B. SHOPE/SHUPP was Joshua DILL. Distribution: each 1/9 share for the children of Mary GOYER and Elizabeth SHOPE was $232.57. Closed 18 Sep 1846.
493-499 - WILKER, LINTHICUM, SCHAFFER, DEVILBISS - Jan 1846
Samuel DEVILBISS of John and Susanna SHAFER vs John LINTHICUM and others Lewis WILKER d/ Jan 1846, intestate sis/ Mary Ann w/o John LINTHICUM sis/ Eliza WILKER sis/ Mary Magdalene WILKER sis/ Margaret w/o Hanson SCHAFFER sis/ Harriet WILKER, a minor sis/ Caroline WILKER, a minor bro/ William WILKER, a minor Land - Lot #5 of "Murdock's Mountain", 119 acres, from Jacob WEIST. Guardian was David SCHLEY, Esq; testimony was heard from Joseph M. EBBERTS, John M. LINTHICUM and Jacob WEIST. Trustee was Joshua DILL. Sale was held at the tavern of Benjamin GILBERT on 20 Apr 1946, and the high bidders were Samuel DEVILBISS and Hanson SHAFER at $480. All monies went to creditors, but proceeds were short; closed 18 Sep 1846.
499-507 - BECK, WALKER - Feb 1846
Jacob WALKER, next friend of Mary E. BECK - Petition for Title Edward BECK d/ Aug 1845 (will written 31 Jul 1845) widow - Ann (d/ Nov 1845, intestate) d/ Mary E. BECK (their only child) parents - Michael (dec'd) and Mary Ann BECK (He gave his mother a house and lot in Woodsborough) Exec/ wife; witnesses: Adam CREAGER, N. C. HAMMOND, Wm. REINHART. Land - "Federal", 1+ acre, from Isaac WALKER and Jacob WALKER, exec/of John WALKER; located on south side of public road in the village of Walkersville. It had a house, waggon maker shop and stable. Guardian and trustee was Jacob WALKER; on 17 Mar 1846, sale was made to Aaron BECK at $600. After debts were paid, the daughter received $406.27; closed 1 Jul 1846.
507-512 - HITESHEW, RAMSBURG, HARISON - Jul 1843
George RAMSBURG, creditor vs Daniel HITESHEW Land - Lot #18 and 19 in Frederick Town; - Lots 16 and 17 in "Addition to Frederick Town" and out of "Long Acre" which previously was part of "Tasker's Chance"; both mortgaged in 1841. Trustee was Frederick A. SCHLEY; on 30 Mar 1844, sale was made to Abraham B. HARISON at $1,000. Creditor paid; closed 18 Dec 1845.
512-517 - SIMMONS, ALLEN, GITTINGER, SLAVE - Oct 1845
Baker H. SIMMONS vs Edward T. HEBB, Adm/of John H. SIMMONS, dec'd Col. John H. SIMMONS, dec'd (will written 3 Apr 1837) s/ John E.H. SIMMONS - PA s/ Zachariah T. SIMMONS - PA s/ Baker H. SIMMONS d/ Elizabeth A. s/o Abraham H.SIMMONS d/ Belinda E. ALLEN s/ James H. SIMMONS d/ Rebecca F. GITTINGER (gave lot of land previously belonging to Henry HILLEARY) s/ Samuel F. SIMMONS, dec'd .....Sarah E. SIMMONS SLAVES - negro man FREDERICK (to be freed 3 months after the death of John H. SIMMONS) Execs/ sons John E.H. SIMMONS and Zachariah T. SIMMONS. Witnesses: John S. HARDING, Davis RICHARDSON, Perry HOUCK and G. M. EICHELBERGER Land - 127 acres and 6 acres; sold to Baker H. SIMMONS by John E.H. SIMMONS as executor, but since he and Zachariah both moved to Pennsylvania, a trustee needs to be named to convey the deed. At that time, Baker was already living on the farm. Administrator was Edward T. HEBB; Francis THOMAS was appointed trustee to convey the deed. Closed 8 Oct 1846.
518-523 - SIMMONS, HEBB - Oct 1845
James H. SIMMONS vs Edward T. HEBB, Adm/of John H. SIMMONS and others (Similiar to the previous record 512-517) Land - 128 acres, purchased from his father's estate at $1,633.03. by John E.H. SIMMONS as executor, but since he and Zachariah both moved to Pennsylvania, a trustee needs to be named to convey the deed. Administrator was Edward T. HEBB; Francis THOMAS was appointed trustee to convey the deed. Closed 8 Oct 1846.
523-530 - GEESEY, RAMSBURG, BENNET - Jun 1846
Henry RAMSBURG and w/ Charlotte and others vs Mary E. BENNET and others John GEESEY d/ May 1846 intestate widow - Elizabeth d/ Charlotte w/o Henry RAMSBURG s/ George GEESEY d/ Rebecca GEESEY s/ Thomas GEESEY d/ Ann Elizabeth BENNET, dec'd .....Mary C. BENNETT .....Samuel J. BENNETT .....Margaret A. BENNET .....July Ann E. BENNET Land - "Force Put", 158 acres, previously called "Millers Chance", from William FLANIGAN (and unnamed wife) in 1828; lies next to "Piney Neck" and land of George SCHLOSSER. Also, contiguous to this, "Patrick Day in the Morning", 2+ acres; prevuously to Lawrence BRENGLE in 1802. - "Force Put", 9 acres, from Nicholas HOLTZ in 1844; next to lands of Henry REMSBERG and Daniel HAUN. Testimony was heard from Washington A. BENNET; trustee was Henry RAMSBURG. On 29 Aug 1846, sale was made to George GEESEY at $2,675. Distribution: each 1/5 share, $145.13; closed 27 Oct 1846.
530-546 - HOBBS, DORSEY, HYATT, SLAVES, WATERS, BURGEE, DAVIS, GILBERT, PHILLIPS, NORRIS, BENTON - Nov 1838
Roderick DORSEY and Janet DORSEY vs Henrietta DORSEY and Others William HOBBS of Samuel d/ 4 Jul 1829 (Will written 27 Oct 1828) s/ Warner HoBBS, dec'd s/ William HOBBS d/ Rachel (d/ 23 Jun 1830) w/o Roderick DORSEY .....Hentrietta DORSEY, a minor .....Kitty H. DORSEY, a minor .....William R. DORSEY, a minor d/ Janet w/o Upton L. DORSEY (d/ 9 Nov 1829) (gave land "Chase's Forrest" in Baltimore Co) d/ Kitty HOBBS d/ 1831 (gave land in Anne Arundel Co) (her Will written 25 May 1831 gave the Anne Arunel Co land to the daughters of her sister Rachel; the Frederick and Baltimore county lands to the s/o her sister Rachel; her exec/ Roderick DORSEY; will filed 18 Jul 1831) s/ Philip D. HOBBS (trustee was Roderick DORSEY) - Samuel OWINGS of Thomas (to convey land previoulsy sold to him) friends - James WOOD of John, William DOWNEY and Cornelius GRIMES SLAVES - negroes ELIZA, PEGGY and ISAAC (gave to Kitty provided she would not manumitt them until the man is 35 and the women are 30.) (Kitty willed ELIZA to her niece Henrietta; PEGGY to her niece Kitty; and ISAAC to her nephew William; the slaves were each to receive $100) - negroes BEN, SAM, JOHN, SIMON (or TIMON), ZACK and HARRY (An acre of land and house was to be provided to each for the use of their families during their lives.)(Kitty's will provided that SIMON be set free upon her death and WESLEY to be set free at age 30.) (Son William and three daughters to divide remainder of estate.) Land - "Ridgeley's Good Will", 303 acres, partly in Montgomery County, from Joab WATERS (w/ Ruth) in 1811; conveyed by Roger NELSON as trustee for John HOBBS, dec'd (half of land was to go to William and he to sell the other half and give Joab WATERS that portion). Located on Bennets Creek. Exec/ Roderick DORSEY Ely HYATT was then living on the property and an injunction was requested to prevent him from continuing to cut down the timber. Joab WATERS, dec'd, of Perry Co, Missouri (Will 18 Jan 1830; 12 Sep 1831) companion - Polly A. E. CALDWELL, now called Polly A. E. WATERS (gave all lands in Missouri and personal property, including the 640 acre farm where they then lived, at the lower end of the Bear Brule Bottom; after her death to go to her children by him; stated in will his sons were by his first wife) s/ Joab WATERS Jr s/ John WATERS (gave Joab Jr and John each 1/2 share of Joab Sr's 1/2 of the 2,000 acres of "Terre Blue", owned with Joseph HARTSOCK and purchased by them from the reps of John PRICE) s/ Henry G. WATERS of Frederick Co, MD (owes his father's estate $3,000; said monies to be divided among Henry and all six other siblings) d/ Ann (Waters) BURGEE (gave $1) d/ Eleanor (Waters) DAVIS (gave $1) (also listed as Eleanor GILBERT) d/ Jane (Waters) PHILIPS (gave horses and lot in New Market) d/ Miranda (Waters) w/o Ely HYATT (gave her his share of land owned with Wm. HOBBS of Samuel) Exec/ Polly WATERS Guardian was Henry G. WATERS. Miranda and Ely HYATT transferred their interests to William NORRIS in Jan 1842 for Miranda and upon her death for her children with no control of her husband (Wm. NORRIS became her trustee). Trustee for sale of property was Roderick DORSEY. On 14 Feb 1840 sale was made for 290 acres to Brooke BENTON at $1,235.40. Distribution: - Janet DORSEY, 1/6, $181.36 - Wm. R. DORSEY (devisee of Kitty HOBBS), 1/6, $181.36 - Henrietta DORSEY, Kitty H. DORSEY and Wm. R. DORSEY, $60.45 each - Wm NORRIS as trustee for Miranda HYATT, $509.10 ($35 had been deducted for Samuel TYLER as a fee) Closed 29 Sep 1846.
546-558 - LARE, DELASHMUTT, RHINE, ELLICOTT - Feb 1846
James BRUNNER vs Estella M. LARE and others Henry C. LARE d/ 20 Apr 1845 intestate widow - Maria (age 30 in Apr 1846) d/ Estella M. LARE, a minor d/ Elizabeth C. LARE, a minor d/ Susan M. LARE, a minor Administrator and guardian was Maria LARE. Land - Lot# 275 in Frederick Town, the northern part of the eastern half of the lot, on Church St extending to Patrick St, from George DOLL and w/ Mary in 1843 (previously to the Dolls from Absolam KOLB and w/ Susanna in 1819. - Lot# 3 of "Middle Plantation", 50 acres, to Thomas H. ONEAL and Henry C. LARE from Henry HOUCK, late Sheriff in 1843, as court judgement against William LARE, Henry C. LARE, Edward LARE, T.W.H. ONEAL and Michael HALLAR for Jacob SCHOLL. Located next to land of Lawrence BRENGLE. Trustee was Elias L. DELASHMUTT; on 21 Mar 1846, sale was made to Henry RHINE(?) for 25 acres of "Middle Plantation" at $300; and to James G. ELLICOTT for Lot# 275 at $1,120. Distribution: the widow's 1/7, $177.49; creditors paid 46% of their claims. Closed 14 Jan 1847.
558-564 - KERRIGAN, BOYLE, HOOVER, McCLOSKEY - Apr 1846
President and Council of Mount St Mary''s College vs James KERRIGAN Jr. and w/ Mary A.T. For notes from Kerrigan for the benefit of Elizabeth BOYLE, executrix of Peter BOYLE. Kerrigan filed for insolvency and Francis J. HOOVER became his trustee. Land - Brick House and Lot #92 in Emmitsburg Trustee for sale of property was E. Louis LOWE; sale was made to John McCLOSKEY, treasurer of Mt St Mary's College at $725. Closed 12 Dec 1846.
564-568 - SHROYER, PERRY, BROADRUP, DILL - Apr 1846
Henry PERRY vs Solomon SHROYER and w/ Lydia Henry PERRY was a co-signer for Shroyer for notes to Joshua DILL. Land - "Distillery", 11 acres Trustee for sale of the property was Joshua DILL; sale was made to Charles BROADRUP at $230. After debt was paid, Lydia SHROYER (by her separate answer to the court stating she had previously held the land in her own right) received the balance of $69.76. Closed 11 Jan 1847.
569-575 - DOYLE, HOFFMAN, KEEFER - Oct 1845
Sarah DOYLE vs Ezra HOFFMAN - Dower Claim Lawrence DOYLE d/ Jan 1845 widow - Sarah (married Lawrence in 1825) Land - "Altogether", 78 acres, from Alexander SMITH and w/ Margaret in 1840; (50 acres to Smiths from Henry and Sarah STONER in 1835; 8 acres to Smith from John W. McPHERSON and w/ Fanny R. in 1836). Property located on road leading from Frederick city to George Town. The widow, Sarah DOYLE, has petitioned the court for her 1/3 dower claim in property that Joshua DILL, trustee, sold to Ezra HOFFMAN for the bankruptcy of her late husband. She asks for her 1/3 of the said property to be petitioned off for her benefit. Dower land was laid out for 25 acres plus 3 acres. At that time, George KEEFER occupied that farm and the court awarded 1/3 of that rental money ($25) be awared to the widow as well. Closed 28 Sep 1846.
575-583 - HART, BLACKSTONE, CHAMBERS, EICHELBERGER, PALMER - Oct 1846
Margaret CHAMBERS by William CHAMBERS, her next friend vs CHAMBERS, BLACKSTONE John HART d/ intestate, leaving only one child widow - Catharine (now w/o Benjamin BLACKSTONE) (has dower share) d/ Ann Margaret (Hart) w/o William CHAMBERS Land - House and Lot #92 in Frederick Town, fronting on Church St and adjoining property of David BOYD, Joseph M. PALMER, Mrs ATWOOD and heirs of William KOLB on north, and on Peter SOWERS on the west. Property conveyed to John HART from Jacob HART and Peter R. SHAFNER (and w/ Ann M.) in 1826. The widow Catharine later married Benjamin BLACKSTONE in 1832; he treated her badly and left to parts unknown about 11 years ago, leaving her with two young children. He gave her no support and she has not heard from him for more than seven years and believes he may be dead. The last time she heard from him, he had married another woman even though they were still married. Guardian was Grayson EICHELBERGER. On 3 Oct 1846, Margaret (Hart) CHAMBERS was listed as being 20 years old. Trustee was Jacob HART; private sale was made to Joseph M. PALMER at $1,400. Distribution: Catharine BLACKSTONE, $452.17; Margaret CHAMBERS, $904.34. Closed 4 Jan 1847.
584-588 - SIESS, EGGART, HARBAUGH, GARNAND, HARRY, PARK, GAMBLE, FORMAN, NAGLE - Jan 1846
John SIESS and William SIESS - Petition Paul SIESS d/ 1834 (Will 18 Jun 1834) widow - Maria Magdalena, now dec'd friend - John NAGLE of Sabillisville in Harbaugh Valley bro/ John Jacob SIESS, dec'd .....George SIESS .....Jacob SIESS .....John SIESS .....Daniel SIESS .....Samuel SIESS .....Sarah SIESS bro/ Godfrey SIESS, dec'd .....John SIESS .....William SIESS .....Caroline SIESS .....Rosenna (Siess) w/o Alexander HARBBAUGH .....Rebecca (Siess) w/o Em. GARNAND .....Salome (Siess) w/o P. R. HARRY .....Elizabeth (Siess) w/o George PARK .....Maria SIESS .....Elias SIESS bro/ George SIESS, dec'd .....Jacob SIESS .....Samuel SIESS .....Benjamin SIESS .....Daniel SIESS .....Catharine SIESS .....Elizabeth (Siess) w/o Conrad WILHIDE .....Maria (Siess) w/o Frederick WAMPLER sis/ Mary EGGART, dec'd .....Benjamin EGGART .....Christian EGGART .....Elizabeth EGGART .....Ann EGGART Exec/ Christian HOOVER, miller on Owings Creek; Witnesses: William B. PITTINGER, B. R. HAUG?, J. R. HAUG? Land - "Content", 3+ acres, w/house in Graceham; from Henry BEITZELL in 1846. The executor died without selling the property as listed in the will. Trustee was David GAMBLE; sale was held 12 Mar 1846 at the tavern of Pad. H. HARRY in Graceham; high bidder was George W. FORMAN at $525. Distribution: John NAGLE, $50; John Jacob's children, $16.97 each; Godfrey's children, $11.31 each; George's children, $14.54 each; Mary's children, $25.46 each. Closed 8 Jul 1846.
589-597 - HAYS, CARMACK, BAUGHMAN, PAGE, HARDING - Jan 1845
Hugh McALUR and Sarah VERMILLION vs Estate of William H. HAYS William H. HAYS d/ May 1841 widow - Katurah and 5 minor children d/ Elizabeth Ann HAYS s/ George William HAYS d/ Sarah Ellen HAYS d/ Josephine H. HAYS d/ Maria L. HAYS Land - "Foul Play", 88+ acres, Lots #1, 2 and 3, near Sugarloaf Mountain in Frederick County. Administratrix was Juliana HAYS. On 13 Feb 1845, Samuel CARMACK testified the widow was of ill health and a cripple and 46 years of age. Trustee was John W. BAUGHMAN. On 15 Mar 1845, sale was held at HAGEN's Store in Barnestown in Montgomery County. High bidder was Calvin PAGE for Lot #1, 2 and 3 at $287.98. Distribution: widow, $23.28; numerous creditors paid. Samuel H. HAYS, listed as creditor, referenced a case of Cephas HEMPSTONE and Christian T. HEMPSTONE, exec/of C. T. HEMPSTONE against Juliana HAYS and Richard H. HARDING in Montgomery county. Closed 22 May 1846.
598-598 - HEMP, CULLER - Nov 1846
Henry CULLER vs Jacob FEASTER Jr. and others 2nd Accounting by Henry CULLER as trustee for Frederick HEMP, dec'd. Several creditors were paid; closed 21 Dec 1846.
598-609 - RUTHERFORD, COLE, SHAW, MARKELL, SHRIVER, BISHOP - Jun 1846
RUTHERFORD vs RUTHERFORD Benjamin RUTHERFORD d/ (will 14 Sep 1838) s/ Charles Worthington RUTHERFORD d/ Ann M. RUTHERFORD d/ Caroline S. w/o Louis M. COLE d/ Virginia R. w/o John A. SHAW s/ George RUTHERFORD d?/ Frances M. RUTHERFORD Exec/ John MARKELL (until his son Charles becomes of age, then his son Charles) Witnesses: Jacob KULLER, Frederick A. SHEAVE, Isaac HYSONG (John MARKELL renounced the executorship and administrator was Joseph SCHELL.) Land - Lot on Patrick Street in Frederick; from Charles SCHELL in 1822 (to SCHELL from John FERGUSON in 1759). - "Resurvey on Locust Level", Lot #1, 11+ acres; Lot #2, 12+ acres; from Valentine ADAMS (w/ Sibylla) in 1824; on main road to Baltimore. (Valentine received said land from the will of Abraham ADAMS after the death of Abraham's daughter, Lucinda.). - "Locust Level", 15 acres, from Joseph SCHELL, trustee for Charles SCHELL, dec'd, in 1824; also "Resurvey on Meadows", 10 acres; also mountain land, "Fielderea", 47 acres, (to SCHELL from Michael FOUT in 1807). Guardian was Miss Ann RUTHERFORD; testimony was heard from Jacob MARKELL. Trustees were Charles RUTHERFORD and Edward SHRIVER. Sale was held on 22 Aug 1846 at the City Hotel; high bidder was Abraham SHRIVER for the Town property at $4,225; to Mark BISHOP for the 47 acres at $5/acre. The remainder of the Homestead did not receive a sufficient bid. Distribution: each child received $205.49. Closed 16 Sep 1846.
609-615 - HOUCK, DOLL, LARE, GOMBER, QUYNN, MANTZ - Jul 1846
Ezra HOUCK, adm/of George DOLL, dec'd vs Edward LARE and others In 1842 mortgage was made by Ed LARE to Charles A. GOMBER, Casper QUYNN and Charles A. MANTZ, trading as Charles A. GOMBER & Company; and in 1838 to George DOLL. Land - Lot #278 in Frederick Town on Patrick Street; (previously conveyed to LARE by Daniel KOLB and w/ Caroline in 1840); and also blacksmith equipment. Trustee for sale was Ezra HOUCK; sale was held 18 Dec 1846 at the tavern of Michael ZIMMERMAN; high bidder was the firm trading as Charles A. GOMBER & Company at $1,205. Distribution: Ezra HOUCK, $518.38; Charles A. GOMBER & Co, $577.21. Closed 8 Mar 1847.
616-628 - DERR/TARR, KELLER, BAER, SCHILDNECHT, BURGESS, SMITH, YOUNG, MILLER - Feb 1846
John KELLER and w/ Magdalena, Philip DERR and others vs DERR Philip TARR (a/k/a DERR), dec'd (will 14 Oct 1817) s/ John TARR * s/ Jacob TARR Land - given to son John - "Cuckholds Horn", 14 acres; "Quakers Mistake" and "Resurvey on Wooden Platter", 10 acres; from Nicholas HOUPT in 1805. - "Spoon" and "Cuckhold Horn", 98 acres; from John MOSER and others in 1810. - "Cuckhold Horn", 25 acres; on east side of main road leading from Middle town to Hagers Town, next to Henry SMITH. - "Knaves Good Will", 25 acres. Land - given to son Jacob - "Goosebill", 50 acres, from Daniel NEFF in 1790. - "The Sun is Down and the Moon is UP", 5 acres, from Henry SCHLOSSER in 1805. - "Cuckhold Horn", 75 acres, next to "Rams Horn". - "Beauty Spot", 2 acres. - "Shraders", 15 acres (by patent in 1790). - "Knaves Good Will", 24 acres. ===== John DERR * d/ 12 Aug 1845 d/ Magdalena w/o John KELLER - Ohio d/ Catharine w/o Henry BAER - Ohio d/ Susan w/o John SCHILDNECHT - Ohio s/ Philip DERR s/ David DERR d/ Rebecca w/o Jonathan KELLER s/ Ezra DERR d/ Elizabeth w/o William KELLER s/ Henry DERR, a minor d/ Mary M. DERR, a minor s/ Joshua DERR, a minor Land - "Bloomsburg", 27 acres; "Cuckholds Horn", 10 acres; from Jacob COBLENtZ and David BOWLUS, exec/of Nicholas HAUPT (w/ Margaret) in 1827. - also - "Resurvey on Wooden Platter", 38 acres, 2 acres; - "Quakers Mistake", 5 acres, next to land of Adam NEFF and adjoins last mentioned tract and runs to stone planted by Jacob BUSSARD and Melcher KIZER; from heirs of the late widow KOOGLE. The total lands (his and inherited from his father) laid between the Old Hagerstown Road and Catoctin Creek (plat shown). Guardian was Washington BURGESS; testimony was heard from John J. SMITH; trustee was Philip DERR. On 5 Jan 1847, sales were made to Peter YOUNG for Lots 1 & 2, 118 acres at $7,473.47; to Adam BOWLUS for Lot #3, 112 acres at $5,040; to John MILLER for the mountain lot ("Knaves Good Will"), 25 acres at $12.750. Total sales, $12,640.87. Distribution: each 1/11 share, $338.45; closed 12 Mar 1847.
629-633 - FEASTER, THOMAS, GITTINGS - Jul 1846
John FEASTER Sr. vs Daniel H. THOMAS John FEASTER Sr signed as surety on a loan made by Daniel H. THOMAS from the Frederick Town Savings Institution, and whereby Daniel signed a mortgage to Feaster, but Daniel has since moved to the western states. Land - from Lloyd GITTINGS and w/ Catharine in 1843, located in Jefferson. Trustee was M.B. LUCKETT; sale was held 21 Jan 1847 with high bidder as John FEASTER Sr at $1,375. Distribution: John FEASTER Sr received $1,260.36 in part on his claim. Closed 12 Mar 1847.
633-651 - COVELL, HAMMOND, WARTHEN, GAVIER, ATKINS, SCHLEY, MURPHY, DILL - Feb 1846
Thomas HAMMOND vs Joel COVELL and others Jonathan COVELL d/ 1827 intestate s/ Jeremiah COVELL and w/ Ann s/ Joshua COVELL and w/ Lydia s/ Edemiah COVELL s/ Jonathan F. COVELL s/ Joel COVELL s/ Frederick COVELL s/ Nehemiah COVELL d/ bef Feb 1846 .....Joshua COVELL Jr - Ohio Land - "Wildcat Hill", 97 acres, next to "Polly's Inheritance". Edemiah conveyed his interests to Nathan HAMMOND in 1841 and Joshua did the same in 1840. Jonathan F. conveyed his share to Grafton HAMMOND (w/ Mary E.A.R.) in 1830 and Jeremiah did the same in 1831. In 1832, Grafton conveyed the shares he bought to Nathan. Then in 1844, Nathan conveyed all of the acquired shares to Thomas HAMMOND. In 1836, Frederick conveyed his share to John Francis WARTHEN. John Francis WARTHEN, dec'd (will 12 Jan 1838; 10 Apr 1838) - left his estate to Kearny ATKINS (mother of his six children), including his tavern, for life and after her death, to his four sons, with an equality of share to his two daughters, s/ John F. WARTHEN (to be blacksmith) s/ James H. WARTHEN (to be wagon maker) s/ Andrew J. WARTHEN, a minor d/ Belinda WARTHEN, a minor (m/ William GAVIER abt Jun 1846) s/ William H. WARTHEN, a minor d/ Elizabeth WARTHEN, a minor At the filing of the petition, Kearny was still living and residing in Frederick County. The tavern was conveyed to him by Nathan HAMMOND of Vachel. He also had a house and lot conveyed to him by Jeremiah COVELL and then occupied by William BARE/BANE which lay on the north side of the road leading from Frederick Town to Baltimore. He also had a house and lot of 20 acres, then occupied by Henry WARTHEN which lay on the south side of the same road. Execs/ Nathan HAMMOND, Grafton HAMMOND, Thomas C. BRASHEAR. Witnesses: Henry NICHOLS, Henry WARTHEN, Joseph COVELL Guardian for the Warthen children was D. SCHLEY. Testimony was heard from Philemon MURPHY. Trustee for the sale of property was Joshua DILL. Sale was held on 30 Dec 1846, high bidder was Thomas HAMMOND for the 97 acres at $975. Distribution: Thomas HAMMOND for 4/7, $473.50; Joshua DILL as trustee of Warthen's Estate for 1/7, $119.37; Joel COVELL for 1/7, $119.37; and Joshua COVELL Jr (s/o Nehemiah) for 1/7, $119.37. Closed 27 Feb 1847.
651-656 - WEAVER, ENNIS, SMITH, BISER - Oct 1846
John ENNIS and others vs Christian WEAVER Henry WEAVER d/ intestate s/ Christian WEAVER d/ Delana w/o John ENNIS d/ Mary w/o Andrew SMITH d/ Harriet WEAVER d/ Matilda WEAVER Land - "Shriver's Fields", 70 acres; from John FAHNER in 1802. - "The Farmers Mill Seat", 12 acres; by patent in 1802. - "Fieldera Manor", 15 acres; by Fielder GANTT in 1804. - "Fielderea", 4 acres; by Peter TRITT in 1811. Trustee for sale was George SMITH; sale was made to John G. BISER at $2,797. Each 1/5 share, $148.71. Closed 16 Apr 1847.
656-663 - TROXELL, KERRIGAN, TANEY, HOUCK - Feb 1846
Joshua TROXELL vs James KERRIGAN Jr and others In 1842, Joshua TROXELL and Augustine TANEY purchased a house, store house and lot from John HOUCK Jr, as trustee under the insolvent laws for Michael WISE for $1,105. In Oct 1844, Troxell contracted to sell his 1/2 undivided interest to James KERRIGAN Jr for $800 to be made in two payments for two years. Kerrigan took possession of the premises, but has never made payments as agreed and is now insolvent. However, in Apr 1845, Kerrigan conveyed all his interest in said property to Chauncey BROOKS and Henry W. HUSIX/HUSER of Baltimore City. Land - Lots #130, 131 and 135 on Main Street in Emmitsburg, beginning at north side of northern alley (Church Alley) between lots of Patrick QUYNN and Thomas HAYS. Previously conveyed to Michael WISE by Joseph BAUGHER and w/ Julia A. in 1836. Trustee for sale was Grayson EICHELBERGER; on 20 Mar 1847, sale was made to Dr. Augustine TANEY at $566. Distribution: Joshua TROXELL, $482.99 in part for his claim. Closed 5 Jun 1847
663-669 - DELAUTER, ZANTMYER, BUSSARD, STRIN - Mar 1846
George DELAUTER, Henry DELAUTER and David DELAUTER - Petition Henry DELAUTER Sr, dec'd (will 5 May 1845; 23 Feb 1846) widow - Catharine s/ Israel DELAUTER d/ Mary Ann DELAUTER s/ David DELAUTER probably others not named Land - two tracts of "Last Choice", 65 acres; one being conveyed from David DELAUTER Sr in 1815 and the other part from Elias DELAUTER and Peter DELAUTER in 1841. - three tracts of mountain land, 40 acres; two of them conveyed from Peter GROSSNICKLE as part of "Murdock's Mountain; the other one from Daniel BLICKENSTAFF as "Sheep Pasture". - Lot, part of "Last Choice", 7 acres (to son Israel), next to Peter GROSSNICKLE Exec/ son David DELAUTER and Lewis REMSBERG of M. Witnesses: Peter GROSNICKLE Jr, John P. GAVER, Samuel GREEN The executors renounced the duties and Jacob ZANTMYER Jr became the administrator and then also was appointed trustee for the sales. A survey was made and the widow's 1/3 was divided off for her. On 20 Jun 1846, sale was made to - John W. BUSSARD for 32 acres at $810 - John STRIN for a house and lot at $46 - David DELAUTER for 6 acres at $31 - George DELAUTER (at private sale) for 41 acres ("Murdocks Mountain") at $41. Total sales, $927; creditors paid. Closed 12 Mar 1847.
669-675 - HAUPT, SCHLEY, KOONTZ, HUFFER, SMITH, WERKING, GOODMAN - Jan 1847
HAUPT vs HAUPT Daniel HAUPT d/ May 1846 intestate and without issue bro/ Jonathan HAUPT bro/ Jacob N. HAUPT - Ohio sis/ Elizabeth A. HAuPT, a minor sis/ Mary M. HAUPT, a minor sis/ Lydia C. HAUPT, a minor bro/ Laban HAUPT, a minor Land - 3 Lots from Henry KOONTZ and w/ Juliana in 1846; two are on 'Millers Farm' in "Huffers Addition to Burkittsville", Lot #1, on west side of Sharpsburg Road (previously from Joseph HUFFER); Lot #16, on east side of Sharpsburg Road (previously from Joseph HUFFER and w/ Catharine). and Lot #19 in Burkittsville on "Burketts' Residence" (previously from George BAIR, trustee of Henry BURKETT, dec'd. Guardian was David SCHLEY, Esq; testimony was heard from John J. SMITH who was also appointed as trustee for the sale. On 3 Apr 1847, sales were made to - William G. WERKING for Lot 16 at $175 - Jacob GOODMAN for Lot 1 at $358.10 Total sales, $533.10. Distribution: each sibling received $37.14. Closed 7 Jun 1847.
675-692 - FINK, GALWITH, KOONTZ, KARN, ROHER, etc - Jan 1845
Emanuel FINK vs Joseph FINK, John W. GALWITH and others John FINK Jr d/ 1844 intestate bro/ Emanuel FINK bro/ Joseph FINK - Out of State sis/ Elizabeth w/o John W. GALWITH sis/ Sarah w/o John KOONTZ sis/ Susanna w/o George KARN bro/ George FINK, dec'd - Out of State .....Joseph FINK JR - Out of State .....Daniel FINK, a minor - Out of State .....George W. FINK, a minor - Out of State .....Elizabeth FINK, a minor - Out of State sis/ Rebecca, dec'd w/o Samuel ROHER - Out of State .....John H. ROHER - Out of State .....Emanuel ROHER - washington Co, MD .....Catharine ROHER - Out of State .....Jacob ROHER - Out of State .....Rebecca ROHER - Out of State .....Elizabeth ROHER, a minor - Out of State .....Samuel ROHER, a minor - Out of State Land - Lots in Burkittsville - "Millers Farm", 1/4 acre, from Joseph HUFFER (w/ Catharine) in 1831. - Lot, 1/4 acre, from John KARN (w/ Maria) in 1843; next to lots of John ARNOLD and John SCHINDLER. - "Burketts Long Lane", 128 acres, from Henry BURKETT (w/ Elizabeth) in 1838 (previously to Burkett from his father Henry BURKETT). - "Millers Farm", 1/4 acre, from Joseph HUFFER (w/ Catharine) in 1832. - agreement of sale from Jacob GOODMAN in 1836 (previously conveyed to Goodman by Tilghman BISER); formerly occupied by John GAVER. Testimony was heard froom George BOWLUS. Trustee was Emanual FINK; sale was held at the tavern of Jacob WETNIGHT on 7 Feb 1846, high bidders were: - Jonathan TOBY for the 128 acre farm at $35/acre - Thomas BISER for Lot #2 with stone house at $595 - George KARN for Lot #3 at $77 - Peter BRANDENBURG for Lot #4 at $268 - John J. MILLER for Lot #5 at $130 - George KARN for 20 acres of Lot #3 at $600 - Peter HOPEWELL for House and Lot (Goodman's) at $125 Lot #126 wasn't sold because of insufficient bid. - William J. WERKING for Lot #1 at $375 on 21 Nov 1846 - Ezra WILLIARD for Lot #10 with house at $525 at private sale on 26 Jan 1847 Total sales, $4,617.20. Disbursement: only creditors paid. Closed 6 Jul 1847.
692-698 - BIRELY, VALENTINE, HARTSOCK, MATHEWS, HARBAUGH, ROOT - Feb 1847
Samuel BIRELY - Petition George BIRELY d/ (will 8 Dec 1827) widow - Elizabeth (d/ 24 Dec 1846) and 8 children s/ Jacob BIRELY (d/ Jan 1847) .....David BIRELY .....Lewis BIRELY .....William BIRELY .....Mary BIRELY .....Elizabeth BIRELY s/ George BIRELY s/ Samuel BIRELY d/ Lena w/o Solomon VALENTINE s/ Frederick BIRELY d/ Margaret (d/ bef Dec 1846) w/o Nicholas HARTSOCK (no children) d/ Susan w/o James MATHEWS - Ohio d/ Maria (d/ bef Dec 1846) w/o Henry HARBAUGH .....Mary Ann HARBAUGH, a minor .....George W. HARBAUGH, a minor .....Samuel HARBAUGH, a minor .....Augustus HARBAUGH, a minor Exec/ son Jacob BIRELY Land - Farm, 162 acres, in Ladiesburg (6 acres to son Jacob), on tracts, "Seventh Dividend", 100 acres, from Henry GRIFFITH in 1792 and 1795; "Williams Hill", 11 acres, from George KINSEY in 1805; "Bushy Neck", 16 acres, from Arnold HARDY in 1819; Trustee was Samuel BIRELY for sale of property; sale went to Daniel ROOT at $11.95/acre; survey to be made which came to 158 1/4 acres; total sales was $1,892.13. Distribution: each 1/8 share, $215.57; however, Margaret's share was distributed among her siblings since she had already received an advance. Closed 16 Jul 1847.
698-715 - DEMUTH, SHORB, BROWN, STULL, BALDWIN, GILBERT, HART, WORTHINGTON, BRONCH? - Jul 1841
Henry DEMUTH and others vs Sarah A. DEMUTH and others Henry DEMUTH Sr d/ 22 May 1841 intestate widow - Sarah A. (previously w/o Jacob SHORB) and 8 children s/ Henry DEMUTH s/ David DEMUTH s/ John DEMUTH s/ Jacob DEMUTH d/ Elizabeth w/o Joseph BROWN d/ Lena w/o Christopher STULL d/ Mary w/o John BROWN - Out of State d/ Catharine, dec'd w/o Elijah BALDWIN - Out of State .....Sophia BALDWIN, a minor .....Margaret A. BALDWIN, a minor .....Elijah BALDWIN, a minor .....Delilah BALDWIN, a minor Land - Lots in Creagers Town, from Sarah A. SHORB in 1839. - "Joshua's Fancy", Lot #7, 10 acres; from Peter TROXELL (w/ Catharine) in 1828; adjoining lands of Felix B. TANEY and John ARTER. - Lot #5 and 6 in Creagers Town, from John B. GILBERT (w/ Catharine) in 1840. - 20 acres from William PATTERSON and James A. SHORB. One of the lots had a tavern formerly kept by Jacob SHORB. One of the lots fronted Mechanics Town Road and joined land of Mr PARKINSON on the south, Henry FAVORITE on the north, George BECKENBAUGH and Mr GRIMES on the west. Another one fronting the road runs to the furnace, bound on one side by lands of William COOKERLY and on the other side by George BECKENBAUGH. Testimony by George HISSER claimed Sarah married Henry DEMUTH about 1839. Also testifying were William COOKERLY, William BIGGS, William GROSHON, M.E. BARTGIS, Benjamin GILBERT, David KOLB, James McCLELLAN, Zelotus WEDDEL, Jacob B. WISE, Jacob CRISE, Charles WORTHINGTON and Alphonso HART; the latter stating that a daughter of Sarah married a GILBERT. Testimony from John P. ZIMMERMAN indicates Sarah's sons were Alphoonso HART and Alexander HART and son-in-laws were Charles WORTHINGTON, Benjamin GILBERT and J. W. BRONCH?. Trustee for sale was Joseph BROWN. From the plat, the lots appear to be Lots 1-6 north of Church St and west of Main St (north and south of these are additional parcels and also a parcel on the east side); also Lot 7 which is south of Church St and east of Main St. Sale was held on 21 Jan 1847 at the tavern of James A. ZIMMERMAN in Creagers Town; sales went to - Sarah A. DEMUTH for house and lot containing 4 acres (tavern property), then occupied by Dr. Wm. ZIMMERMAN and fronting Church St and on street leading to Emmitsburg, at $501.25. - Sarah A. DEMUTH for lot fronting Main St at $76. - Sarah A. DEMUTH for lots fronting Main St and opposite HESSEN's Blacksmith Shop (Lots 1-5) at $40.12. - Sarah A. DEMUTH for lot nearly opposite the church, Lot #6 at $15.25. - Sarah A. DEMUTH for house and lot (from John B. GILBERT) at $10. - Samuel BARTON and Thomas H. BARTON for part "Joshua's Fancy", 10 acres, at $21.62 (from Peter TROXELL). - Henry DEMUTH for mountain lot of 10 acres at $13.25 (from Dr. J.A. SHORB). Total sales, $677.50, all subject to widow's dower. Distribution: each 1/8 share, $57.06. Closed 17 Apr 1847.
716-728 - HOFFMAN, FEASTER, SLAVE, JORDAN, CASTLE, MARLOW - Jul 1843
Michael KEEFER vs David M. HOFFMAN and others David M. HOFFMAN was indebted to Michael KEEFER and filed insolvency. He made Francis A. HOFFMAN his trustee and deeded over property to him for the benefit of his creditors. He also made mortgage deeds to Peter HOFFMAN and one to James CASTLE and Joseph CARTZENDAFNER. Land - part of "Fielderea", now occupied by Jonathan FEASTER; and a portion of an undivided mountain lot. Slaves - Negro man Benjamin JORDAN (Age 44 in Mar 1843) Trustee for sale of property was James CASTLE Sr; however, he died before Jul 1845, before he was able to sell the property. The new trustee was Joseph CARTZENDAFNER. Sale was held 25 Oct 1845, high bidder was Tuesco? MARLOW for the 116 acre farm at $3,092.25. Distribution: Margaret A.R. HOFFMAN, widow, $478.95 (doesn't specify who she was the widow of); creditors were paid portions. Closed 3 Apr 1847.
729-730 - EVERHART, BITIBENNER, LIGHTER, BOWLUS - Apr 1847
Daniel SHAFER and Others vs Jacob EVERHART and Others - Supplemental George BOWLUS, trustee of Jacob EVERHART, dec'd, made sale of estate on 27 Mar 1847 to: - George BITIBENNER for 80 acres with merchant mill, saw mill, plaster mill and brick dwelling at $6,131. The executors of Jacob EVERHART's estate were Jacob EVERHART Jr and Peter LIGHTER. Distribution after creditors were paid: $1004.18 each (1/5) to Jacob EVERHART, John EVERHART, Daniel EVERHART, Elizabeth LIGHTER, Lydia BITTEBENNER. Closed 30 Aug 1847.
731-732 - HEMP, CULLER - Nov 1847
Henry CULLER vs Jacob FEASTER and Others - Supplemental Henry CULLER Sr, trustee for Frederick HEMP, dec'd, reports 3rd Accounting: Numerous creditors received 38% of their claims. Closed 29 Jan 1848.
732-734 - HEMP, FEASTER - May 1847
Frederick Town Savings Institution vs Juliana HEMP, Jacob FEASTER and Others John FEASTER Sr, representing the bank, had filed suit for payment of a mortgage against the estate of Frederick HEMP, dec'd, and his heirs, - Ann Rebecca w/o Jacob FEASTER Sr - John HEMP - David HEMP - Abraham HEMP - Susanna HEMP - William A. HEMP - Ellen C. HEMP Distribution made to creditors. Closed 10 Jul 1847.
734-735 - WITHEROW - Dec 1846
Jane E. WITHEROW and Others - Supplemental Distribution of 2nd Accounting of Estate of John WITHEROW Sr. by trustee, John WITHEROW Jr. Each 1/6 share, $457.88, to - Jane E. WITHEROW - Margaret STEWART - John K. T. WITHEROW - John WITHEROW, exec/of Elizabeth WITHEROW - T. S. WITHEROW - Sarah A. D. WITHEROW Distribution of 3rd and Final Accounting of Estate of John WITHEROW Sr by trustee, John WITHEROW Jr. Each 1/6 share, $477.86, to - Jane/James E. WITHEROW - Margaret STEWART - John K. F. WITHEROW - John WITHEROW, exec/of Elizabeth WITHEROW - T. J. WITHEROW - Sarah A. K. WITHEROW Closed 29 Jan 1848.
735-737 - RIDGELY, HARDING, HOUSE, DEVER - Apr 1845
William RIDGELY of Allegany Co, MD and Others vs Susanna RIDGELY and Others In Apr 1845, the property, previously purchased by John MICHAEL but never paid for, was resold to Henry CULLER in Jefferson at $2,140.56. A mountain tract of 90 acres was sold at private sale to Samuel PATTENGALL at $2,000 by Eli RIDGELY as trustee for Jacob RIDGELY, dec'd. Distribution of 2nd Accounting of $1,927.08 to heirs: - $275.29 each (1/7) to William RIDGELY, Nestell? RIDGELY, Ely RIDGELY, Sarah HARDING, Ruth HOUSE, Martha HOUSE; - $39.32 each (1/7 of 1/7) to nephews and nieces: Thomas H. RIDGELY, Mary E. DEVER, Robert RIDGELY, Cornelia RIDGELY, William RIDGELY, Jacob J. R. RIDGELY, Bethany RIDGELY. Closed 14 Jan 1848. ================== The End of WBT-1 ==================


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