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Frederick County, Maryland

Equity WBT-3


These are abstracts from Equity Court Records of Frederick County, Maryland, Liber WBT-3; 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-3

1-15 - SPANGLER, GRABILL, WARTHEN, EICHELBERGER, BAUGHER - Aug 1847
Isaac BAUGHER vs Margaret SPANGLER and Others Daniel SPANGLER d/ summer of 1845, intestate widow - Margaret (she and her children were living in York, PA) d/ Anna Mary SPANGLER, a minor d/ Elizabeth SPANGLER, a minor s/ Landus SPANGLER, a minor s/ Calvin SPANGLER, a minor Administrator was Peter GRABILL. Land - "Five Brothers", 3 acres, near Emmittsburg; from his brother, Michael SPANGLER (w/ Sarah) in 1842; adjoining lands of Felix B. TANEY, Joseph ELDER and by road leading from Emmittsburg to Frederick Town. (Part of lot was sold by Michael BLESSING to Robert ALLISON, but Allison resold it to Michael SPANGLER; part of the lot was sold by Michael SPANGLER to Caspar J. BULEKE.) Trustee was Grayson EICHELBERGER; on 25 Mar 1848, sale was held at AGNEW's Tavern in Emmittsburg with high bidder as Henry WARTHEN at $340, subject to the widow's dower. Distribution: multiple creditors received 61% of their claims. Closed 3 Jul 1848.
15-34 - LOGAN, MURPHY, KELLY, LYNCH, McELROY, KIRK, O'NEALL - May 1848
Rosanna LOGAN, guardian of LOGAN children vs James A. GALLAGHER and Others Robert LOGAN, dec'd, of Frederick Town (Will 16 Oct 1835; 20 Oct 1835) sis/ Ann MURPHY ..........Elizabeth MURPHY, now w/o Owen KELLY - Philadelphia, PA bro/ Patrick LOGAN (d/ 1840), leaving .....wid/ Rosanna and 5 minor children, ..........Elizabeth LOGAN (b/ 11 Apr 1829) - Cincinnati, Ohio ..........Thomas LOGAN (b/ 8 Feb 1832) ..........Robert LOGAN (b/ 10 Oct 1833) ..........Mary LOGAN (b/ 11 Aug 1835) ..........James LOGAN (b/ 8 May 1837) - Rev. John McELROY - Thomas KIRK (for care of his brother) Land - To niece for her natural life - Lot w/ 2-story brick house on South St and stabling next to it. After her death, to his brother, Patrick LOGAN for his natural life. - To his brother, Patrick LOGAN for his natural life - land from Richard CROMWELL (w/ Caroline). Witnesses: James MEGHEINS, Michael RIEARDON, Philip DAWSON. Trustees were Edward A. LYNCH and James A. GALLAGHER, to convert property to the children of Patrick LOGAN after his death and the death of Elizabeth MURPHY. Edward A. LYNCH, Esquire d/ 1843, leaving 4 minor children, s/ William F. LYNCH - Abroad d/ Mary Ellen LYNCH s/ Charles E. LYNCH s/ Junius J. LYNCH On 13 Jul 1840, Rosanna LOGAN was appointed guardian of the Logan children. On 9 May 1848, the court appointed John W. BAUGHMAN as guardian to the Logan children living in Frederick County. Also in May 1848 the court appointed Mountjoy B. LUCKETT as guardian of the three Lynch children living in Frederick County. On 3 Aug 1848, Edward B. BALTZELL was appointed guardian of William F. LYNCH. Testimony was heard from William SAWELL, Joshua DILL, Robert BOONE. Trustee was James A. GALLAGHER to sell the propertyl on 24 Jul 1849, sales went to: - Israel C. O'NEALL for Lot #1 at $140, next to John HOOPER's lot. - Israel C. O'NEALL for Lot #2 at $84 - Lots #3 and 4 did not receive any bids; these lots had improvements. Distribution: To each of the Logan children, 1/5 or $28.38. Closed 19 May 1849.
34-46 - LEASE, WALCH, HAMILTON, POOLE - Mar 1848
Otho LEASE and Others vs John HAMILTON and Others Henry LEASE d/ May 1847 (Will 11 Aug 1846(?); 7 Jun 1847) widow - Eliza s/ Otho LEASE and w/ Balinda - Ohio s/ Joseph LEASE and w/ Delila - Ohio s/ Jacob LEASE and w/ Mary Jane - Ohio s/ Eden LEASE and w/ Mary - Ohio s/ Henry LEASE and w/ Jane - Ohio d/ Mary B. w/o John WALCH - Ohio s/ John H. LEASE - Texas d/ Maria (Lease) w/o John HAMILTON s/ Robert LEASE, a minor s/ Andrew Jackson LEASE, a minor Land - "Wet Time", 110 acres. Exec/ widow; witnesses: Caleb OGBORNE, Asa SWOMLEY, George CLARKE. Guardian was Caspar MANTZ; testimony was heard from Michael LEASE. Trustee was William M. MERRICK, Esq.; on 8 Jun 1849, sale was made to: - Samuel POOLE for 45 acres at $10.50/acre (resurveyed at 48 1/2 acres) - Charles LEASE for 65 acres at $10/acre (resurveyed at 70 3/4 acres) 1st Distribution of $876.37: each 1/10 share, $63.67. Closed 27 Jun 1849.
46-67 - SWOMLEY, WEBB, SLAVE, BURALL, SICKLE, NELSON - 1847
Marian A. WEBB by George W. WEBB, her husband and next friend vs Nathan NELSON, Elisha SWOMLEY and Others Mahlon SWOMLEY d/ 1845 (Will 12 Aug 1845) widow - Sarah d/ Marian, a minor and w/o George W. WEBB s/ Elisha SWOMLEY, a minor s/ Daniel SWOMLEY, a minor d/ Lydia Ann SWOMLEY, a minor SLAVE - black girl, LUCINDA (to wife) Land - House and Lot in New London - "Hall's Choice", a farm of 80 acres, where John BURALL and Francis SICKLE then resided, adjoining William HOBB's Mill and lands of Joshua RUSSELL, Walter C. HAMMOND and Heirs of Elias BUCKINGHAM. - "Hall's Choice" and "Peace and Plenty", the Home Farm, 155 acres, adjoining lands of Benjamin HALL, Asa SWOMLEY, John MILLER. Exec/ Nathan NELSON; Witnesses: John MILLER, John HARDING and Joel HALL. On 11 Dec 1845, the widow renounced the will of a life estate and asked for her 1/3 dower share; the executor, Nathan NELSON also renounced the duties of the trust. Guardian for the three younger children was Nathan NELSON; testimony heard from Henry NELSON. Trustee was Nathan NELSON; on 20 Mar 1847, sale was held in New London with the house and lot to Marian A. WEBB for $1,010. Distribution: to John LEASE as trustee for the benefit of Marian A. WEBB as part of the legacy from her father, $890.68 Closed 3 Jun 1848. [pages 54 & 55 are omitted from the online scan]
68-81 - HIGGINS, MAYNARD, HAYS, BENNETT, CLARY - Feb 1848
MAYNARD Children by their father and next friend, Ephraim H. MAYNARD - Petition to Sell Real Estate James L. HIGGINS d/ abt 1837 s/ James HIGGINS and w/ Elizabeth - Jefferson Co, VA/WV d/ Harriett w/o Joseph G. HAYS - Jefferson Co, VA/WV d/ Maria HIGGINS s/ William HIGGINS d/ Eleanor w/o Perry BENNETT - Carroll Co, MD d/ Juliet, dec'd w/o Ephraim H. MAYNARD .....Juliet Elizabeth MAYNARD .....James Henry MAYNARD Land - part of two tracts, "Resurvey on Darbey's Delight", 160 acres, from deed of division by other heirs in 1837; lies on Linganore Creek and adjoins land of Daniel JAMES and tract, "Brandywine Springs Enlarged". Lands previously conveyed from John JAMES and John PANCOAST. Guardian and trustee (to sell Juliet's part) was Epharaim H. MAYNARD with sureties as Basil MAYNARD and Jacob FITTERLING. Sale was made to W. Henderson CLARY for $2,700. Distribution: to each of Juliet's children, $1,245.89. Closed 18 Jul 1849.
81-93 - WERTENBAKER, LONGMAN, MARKER, MACE, JOHNSON, INGLES, SHROYER, STOTTLEMYER, etc - Feb 1848
John STOTTLEMYER Jr, John SHROYER and w/ Sarah vs John WERTENBAKER and Others Jacob WERTENBAKER d/ 1805 (Will 25 Jan 1805; 29 Jul 1805) widow - Elizabeth s/ John WERTENBAKER d/ Susan w/o Jacob LONGMAN d/ Elizabeth w/o John MARKER s/ Philip WERTENBAKER d/ Mary w/o James MACE (now dec'd) s/ Jacob WERTENBAKER (Jr) d/ Magdalene w/o Jacob JOHNSON d/ Catharine w/o _______ INGLES - Out of State d/ Sarah w/o John SHROYER (Only the sons were named in the Will.) Exec/ George MARKER Sr (d/ bef 1848) Witnesses: Daniel MARKER, Jacob HUBER, Philip TASS, Jo SWEARINGEN. In Oct 1823, Elizabeth and John MARKER sold their interest to John STOTTLEMYER Sr (w/ Sarah), the father of the complainant, who then conveyed it to his son (the complainant) in Jan 1826. Land - "The Range About the Miserable Nobs", 208 acres. Trustee was John SIFFORD with sureties, Benedict BOONE and Henry LORENTZ; sale was made to: - Christian HAWMAN for Lot #1 of 87 acres at $2,209.59 - Jacob DERR for Lot #2 of 39 acres at $646.40 - Jacob LOGMAN (LONGMAN?) for Lots #3, 4, 5 of 5 acres at $156.85 - Joseph LONGMAN for Lots #6 & 7 of 6 acres at $125.56 - George A. DELAUTER for Lot #8 of 2 acres at $29.59 - Ignatius JACOBS for Lot #9 of 11 acres at $163.53 - George STOTTLEMYER for Lot #10 for 16 acres at $279.72 - Samuel HOFFMAN for Lot #11 for 20 acres at $350.32 - Daniel MAIN for Lots #12 & 13 for 18 acres at $476.95 Total sales, $4,438.51 for real estate and $100.63 for personal property. (Plats shown) It appears that Jacob WERTENBAKER (Jr) must have died before May 1849 as it seems his legacy was divided amongst his brothers/siblings. Distribution: John WERTENBAKER, $266.66; Philip WERTENBAKER, $133.33; 1/8 of the remainder to each of the children (except Jacob Jr), $476.74; (Elizabeth Marker's share went to John STOTTLEMYER as assigned). Closed 11 Jun 1849.
93-121 - WILCOXEN, GRIFFITH, BANTZ, WINDSOR, LIPPS, LAMBERT, DERR, SMITH - Feb 1847
Hanson T. WILCOXEN and Others - Petition to Sell Real Estate Horatio WILCOXEN d/ 1844 intestate widow - Sarah A. s/ Hanson T. WILCOXEN d/ Henrietta w/o Uriah H. GRIFFITH s/ Uriah C. WILCOXEN, a minor d/ Sarah W. WILCOXEN, a minor d/ Emily W. WILCOXEN, a minor d/ Margaret Ann WILCOXEN, a minor Land - "Resurvey on Choice Improved", from Charles JOHNSON, exec/of William T. JOHNSON in 1837; previously from Joseph BEALLSON (s/o Ninian) in 1760; - "Many Makes One"; previously from Joseph BEALLSON (s/o Ninian) in 1783; next to Zachariah T. WINDSER, John H. T. COCKEY and Richard JOHNSON (s/o Roger); totaling 299 acres. - "Long Acre", part of "Taskers Chance", lying in Frederick Town; from Elizabeth STEINER (wid/of Stephen STEINER) in 1837 (previously from George REMSBURG to Stephen STEINER in 1799); located on main road from Frederick Town to Harpers Ferry. - "Bloomsberg", 21 acres, from James T. JOHNSON (w/ Emily) in 1838; lies next to tract "Hope" and "Resurvey on Choice Improved". - parts of "Waymans Retreat" and "Bloomsberg", 28 acres, from John H. SIMMONS in 1838 (by deed of trust of Richard JOHNSON and w/ Juliana in 1835); lies next to lands of Benjamin DUDDERAR and by Bennett's Creek. - "Taskers Chance", from Owen EVANS in 1838; lies on east side of main road leading from Frederick Town to Harpers Ferry; next to lot of John DILL on north edge of South Street (previously to Evans from Robert and Mary Eliza ROACH of George Town in DC. Guardian was Gideon BANTZ Jr; testimony was heard from Zachariah T. WINDSOR; Trustee was was Grayson EICHELBERGER; sale was held at KEEFER's Hotel on 28 Mar 1848, high bidders were: - John LIPPS for house and lot on West Patrick St at the fork of the Hagerstown and the Harpers Ferry roads at $1,600. (This is the present-day Steiner House.) - Sarah A. WILCOXIN for farm near Urbana, 221 acres, at $1,511,56. The Lot behind the house and lot on West Patrick St was divided into 11 lots: - John A. LAMBERT for Lots #1, 2 & 3 at $51, $45, $36. - Daniel DERR for Lot #4 at $31. - George SMITH for Lots #5, 6, 7, 8, 9, 10 and 11 at $182. The total sales were $3,456.56. The widow's dower was laid off from the farm tract for 221 acres prior to the sale by Thomas H. O'NEILL with George LORENTZ and Mr DRONEBURG as chain carriers. This land was from parts of "Resurvey on Choice Improved", "Many Makes One", and "Bloomsberg" and was along the Buckeystown and New Market road. John A. LAMBERT died between 7 Aug 1847 and 23 May 1848; his administrators, George SMITH and Harriet LAMBERT, thus asked that the sale be rescinded. Lots #1, 2 & 3 were resold at private sale to John LIPPS at $132 (same amount). 1st Distribution of $3,173.66: each 1/6 share to children, $528.94. Closed 3 Jul 1848.
122-137 - YOUNG, MARTIN, WRIGHT, PUZENETT, ROBINSON, PAYNE - Feb 1849
Ann PUZENETT and Mary Ann ROBINSON vs Perry Andrew YOUNG and Others Andrew YOUNG Sr, dec'd (Will HS-2, 459-460, 21 Mar 1821, 10 Apr 1821) s/ Andrew YOUNG Jr, now dec'd ........Henry YOUNG and w/ Susan G. ........Ann Elizabeth (Young) w/o William C. MARTIN ........Perry YOUNG, now dec'd ........-----Perry Andrew YOUNG, a minor s/ Thomas YOUNG, dec'd ........Joseph YOUNG d/ intestate, w/o issue s/ David YOUNG, dec'd ........Harriett A. (Young) w/o Edward WRIGHT - Baltimore City ........Margaret YOUNG - Baltimore City d/ Ann PUZENETT, a widow ........Lawrence A. PUZENETT - Baltimore City d/ Mary Ann ROBINSON, a widow ........Mary C. ROBINSON ........Clara A. ROBINSON ........John A. ROBINSON - Baltimore City ........Elizabeth ROBINSON, a minor ........Barbara ROBINSON, a minor ........Ellen Margaret ROBINSON, a minor Land - House & Lot #127 in Frederick Town on the north side of Third St, left to decedant's two daughters (the back half of the lot was left to the sons). In 1849, the children and grandchildren of age conveyed the half part of the lot to the two daughters; there remained value for the underaged heirs. Guardian was Henry YOUNG; testimony was heard from William C. MARTIN and John HOUCK Sr. Trustee was Richard H. MARSHALL; on 16 Jun 1849, sale was made to John W. PAYNE for $601 with Joseph PAYNE as his surety. Distribution: Ann PUZENETT and Mary Ann ROBINSON, $197.88 each; Perry A. YOUNG, 1/15, $31.66; Elizabeth, Barbara and Ellen M. ROBINSON, 1/30, $15.83 each. Closed 27 Aug 1849.
138-201 - HAMMOND, BROMWELL, SLAVE - Feb 1847
George F. WEBSTER, creditor vs Matilda HAMMOND and Richard T. HAMMOND, Adm/of Walter C. HAMMOND and Others Walter C. HAMMOND d/ 23 Aug 1846 intestate widow - Matilda and 11 children s/ Richard T. HAMMOND, eldest s/ John W. HAMMOND - Baltimore City s/ Nicholas HAMMOND s/ Philip HAMMOND s/ Worthington HAMMOND s/ Thomas HAMMOND d/ Louisa w/o Hosea H. BROMWELL d/ Ann Matilda HAMMOND, a minor d/ Eugenia HAMMOND, a minor d/ Susannah HAMMOND, a minor s/ Walter C. HAMMOND (Jr), a minor Land - "Nathan's Undertaking", 155 acres; from the Will of Thomas MAYNARD Sr (GM-4, 216-218 dated 23 Jul 1806) to Brice MAYNARD and from Brice MAYNARD's Will (dated 6 Jun 1810) to his son and daughter, Thomas G. MAYNARD and Elizabeth B. MAYNARD and recorded by deed dated 1832 by Thomas G. MAYNARD and Amon RIGGS and w/ Elizabeth B. to Walter C. HAMMOND; lies next to tract "Drummine". Property was mortgaged to William HOBBS in 1842. - "Altogether", 603 acres, from George BALTZELL and John McPHERSON, trustees for Henry DOYLE, in 1842; lies next to land of John HANE, John GRAHAM, Michael REELS and John MONTGOMERY. - "Peace and Plenty", 122 acres, to Walter Charles HAMMOND of Anne Arundel County from Jesse WRIGHT, exec/for John BURKHART (Will dated 23 Dec 1812), in 1817; lies next to lands of Michael MUSSETTER(from George BURKHART), Elisha FALCONER (from John BURKHART), Elizabeth BURKHART, Benjamin NORRIS, Christian HARDING (from John BURKHART) and tract "Hall's Resurvey". - "Peace and Plenty", 50 acres, to Walter Charles HAMMOND of Anne Arundel Co, MD from Daniel SIMMONS and w/ Elizabeth of Jefferson Co, OH in 1818 (devised to Elizabeth SIMMONS from her father, John BURKHART by his Will dated 23 Dec 1812); next to lands of John SMITH, Benjamin NORRIS - "Peace and Plenty", 22 acres, from David BARR and w/ Christina of Washington Co, MD in 1842. - "Pease and Plenty", Lot #4, 23 acres, to Walter C. HAMMOND of Frederick County from George SCHLEY of Washington Co, MD, for trustee John H. McELFRESH by Will of Caspar MANTZ for benefit of Christiana BARR, in 1842; next to land of Mary MANTZ. Walter C. HAMMOND also owned - SLAVES - negro woman MARY and child Trustee was David SCHLEY, Esquire; testimony was heard from Nathan C. HAMMOND (a nephew and rear neighbor of Walter C. HAMMOND) and Abraham ADAMS. Petition was file by widow to have her dower land laid off before the sale; commission appointed for this were Anthony KIMMELL, Joel NORRIS, David WAGNER, John MONTGOMERY and Ezra CRAMER. Lands were laid out for dower in two parts, 122 acres and 46 acres, adjoining. The sales and exceptions and petitions continue for another 30 pages; closed 5 Jul 1849.
202-208 - HARDING, METZGER, EICHELBERGER - Jul 1845
George METZGER vs James M. HARDING & George M. EICHELBERGER - Title Land - Farm, 222 acres, to James M. HARDING from George EICHELBERGER, trustee; where William EADER resided, on Baltimore Turnpike, one mile from Frederick. James HARDING sold 37 acres of this (part conveyed to Caspar MANTZ by Jacob HUMMELL) to George METZGER in 1843, but has never received the title. Court ruled to convey deed to Metzger. Closed 22 Jul 1846.
208-209 - TAYLOR, COX, WARING, BROOKS - 1849
Griffin TAYLOR, Henry B. WARING & Nicholas BROOK - Petition Griffin TAYLOR conveyed land, in trust, to Clement COX, to secure payment to Milicent WARING and Nicholas BROOKS; upon payments to them, the conveyance would be returned to Griffin TAYLOR. Millicent WARING died (of Montgomery County) and Henry B. WARING was administrator of her estate. Then, Clement COX died, leaving heirs, - Walter S. COX - Elizabeth COX - Clement COX, a minor - Washington, DC Guardian was Walter S. COX who joined in the conveyance of land to Griffin TAYLOR. Closed 4 Aug 1849.
209-226 - HYATT, DAVIS, WOLF, TODD, BROWN, SLAVES, LYDAY - 1846
Levina WOLFE, Ezra DAVIS & Others vs Henry LYDAY Ezra HYATT d/ 1845 (Will 5 Apr 1839; 10 Dec 1845) - Susan w/o Vachel B. TODD (given a feather bed) Estate to be divided into thirds among his sis/ Betsey DAVIS sis/ Lavenia WOLF and nephew - Ezra DAVIS. SLAVES - negro FRANK to be freed upon Hyatt's death. (He is also to be given 1 acre from the home tract adjoining the lot where his wife then lived, on Mrs DOWNEY's land - NEGROES (now held by Henry McELFRESH) to be reclaimed and freed upon Hyatt's death. Exec/ Ezra DAVIS Witnesses: Brook BUXTON, George W. WOLFE, Roderick DORSEY Land - "Carolina", 225 acres, adjoins land of Henry DOYLE; - "Land of Promise", 230 acres, adjoins land of Thomas NORWOOD; - Also had land in Virginia. On 4 Apr 1842, Henry LYDAY, then insolvent, obtained a deed from Ezra HYATT (claimed to be by fraud as Ezra was old, weak and intoxicated at that time). Lyday was to get 1/3 of the estate in exchange for him to care for Hyatt during his old age. This deed was never executed with three witnesses. However, Lyday took possession of the property, but never provided any care for Hyatt (per claim of the petition). Lyday was married to Hyatt's niece. Ezra HYATT's siblings, nieces and nephews sis/ Betsey DAVIS, dec'd; her children, ..........Amos DAVIS ..........Thomas DAVIS ..........William DAVIS ..........Zachariah DAVIS ..........Cordelia DAVIS ..........Amelia DAVIS ..........Susannah w/o Samuel ENGLAND ..........Elizabeth w/o Abraham ENGLAND ..........Ezra DAVIS* sis/ Sarah WOLF, dec'd; her children, ..........Catharine WOLF ..........George W. WOLF ..........Henry WOLF ..........Sarah WOLF ..........Tabitha WOLF sis/ Sophia TODD, dec'd; her children, ..........Vachel TODD ..........Howard TODD ..........William TODD ..........Washington TODD ..........Rachel TODD ..........Susan TODD bro/ Eli HYATT, dec'd; his chldren, ..........Asa HYATT ..........William HYATT ..........Ely HYATT ..........Mary HYATT ..........Lloyd HYATT ..........Samuel HYATT ..........Elizabeth HYATT ..........Susan HYATT ..........Charlotte HYATT ..........Mary Ann HYATT bro/ Asa HYATT sis/ Catharine HYATT sis/ Susan (Hyatt), dec'd w/o Vachel BROWN, their child ..........Sarah BROWN bro/ Jesse HYATT, dec'd; his children, ..........Elisha HYATT ..........Jesse HYATT ..........Mashsa HYATT ..........Dehlia HYATT ..........Sally HYATT bro/ Joseph HYATT, dec'd; his children, ..........Margaret HYATT ..........Susan HYATT ..........Sarah HYATT ..........Elizabeth HYATT Trustees were Grayson EICHELBERGER and Mountjoy B. LUCKETT. After a failed public sale on 24 Feb 1849 at Henry LYDAY's Tavern, Hamilton STIER made an offer of $4/acre for one of the farms, "Carolina", resurveyed at 237 acres, making the sale $948.42. The Baltimore and Frederick Turnpike ran through the northern edge of the property; also adjoined "Dorseys Search", "Resurvey on Moab". On 31 Mar 1849, public sale was held again, this time at the Tavern of Thomas H. ETCHISON in New Market. The sale was once again unsuccessful and reheld at the same place again on 16 Jun 1849. This time the sale was made to Henry LYDAY at $3/acre amounting to $690. 1st Distribution only provided creditors with 90% of their claims (only first of three yearly payments have been made on property sales). Closed 25 Aug 1849.
226-233 - SHIPLEY, BENNETT, HAMMOND, NICODEMUS - c1848
Isaac SHIPLEY and Others - Sale of Real Estate Frederick SHIPLEY d/ 2 Jul 1826 (Will Jun 1822; 29 Aug 1826) widow - Margaret, d/ 29 Jan 1835 (children were not named in the will) s/ Isaac SHIPLEY s/ Nathaniel SHIPLEY s/ Joshua SHIPLEY s/ Frederick SHIPLEY (Jr) d/ Catharine SHIPLEY w/o Tilghman B. BENNETT d/ Patience SHIPLEY, dec'd (no children) d/ Mary SHIPLEY w/o Walter HAMMOND, both dec'd .......Catharine HAMMOND .......Mary HAMMOND s/ Henry SHIPLEY, dec'd, and wid/ Mahaly (Howell) .......Howell SHIPLEY, a minor .......Esther SHIPLEY, a minor d/ Margaret SHIPLEY, dec'd (no husband or children) Land - "Sickly Season", 4 acres, from Abel RUSSELL (w/ Elizabeth) in 1820 (previously to RUSSELL from Richard ROBERTS and Asael ROBERTS in 1816). Tract lies along the turnpike road. The will left everything to his wife and to be divided among his children upon her death; however, the children's names were not given in the will. Neither did he appoint a trustee to sell the real estate. The widow was the executrix and witnesses were Ormand HAMMOND Jr, Thomas C. SHIPLEY and Francis WARTHING. Trustee for the sale was John NICHODEMUS; on 10 Mar 1849, private sale was made to Tilghman B. BENNETT at $1,050. 1st Distribution: 1/7 each, $134.21, to Isaac SHIPLEY, Nathaniel SHIPLEY, Joshua SHIPLEY, Frederick SHIPLEY, Catharine BENNETT; 1/14 each, $67.10, to Catharine HAMMOND, Mary HAMMOND, Howell SHIPLEY and Esther SHIPLEY. Closed 16 Jun 1849.
234-246 - DEMUTH, GILBERT, WORTHINGTON, HART, BARNECLOE, ZIMMERMAN, SEABROOKS, BENTZ - c1848
Lewis BENTZ, Benjamin GILBERT and Mark BISHOP, mortgage holders vs Heirs of Sarah Ann DEMUTH Sarah Ann DEMUTH d/ 1848 d/ Mary Caroline w/o Benjamin GILBERT d/ Ann Elvira w/o Charles WORTHINGTON s/ William A. HART - Allegany Co d/ Dove Malvina E. w/o Jonathan W. BARNECLOE - Baltimore City s/ Henry Alexander HART Land - (1) Brick House and Lot, 4 acres, in Creagerstown, then occupied by Dr. William ZIMMERMAN; lies on Church Street and Main Street, leading to Emmitsburg. - (2) Lots #1-5 on Main St in Creagerstown opposite from HESSER's Blacksmith Shop - (3) Lot #6, opposite the church - (4) House and Lot on Church St Lots were previously from John B. GILBERT and wife to Henry DEMUTH. Property was mortgaged, subject to the widow's dower. Testimony was heard from Wilson W. KOLB; trustee was Joshua DILL. Sale of held on 10 Aug 1849 with sales going to: - Dr. William ZIMMERMAN for (1) at $500 - Jesse SEABROOKS for (2) at $100 Other properties weren't sold. Distribution: $498.56 to Lewis BENTZ in part for his claim. Closed 19 Sep 1849.
247-265 - COCKEY, McCANNON, BEATTY, KARN - 1848
John Paul COCKEY and Others vs William H. McCANNON John COCKEY d/ May 1848 intestate s/ John PAUL COCKEY and w/ Eliza - Baltimore City s/ Joseph C. COCKEY - Baltimore City s/ John H. T. COCKEY and w/ Elizabeth - New York s/ Sebastian G. COCKEY and w/ Elizabeth d/ Margaret E. COCKEY s/ Theodore F. COCKEY d/ Eleanor G. w/o William H. McCANNON Land - "Monocacy Manor", Lot #11, 129 acres; Lot #24, 60 acres; Lot #22, 3 acres; to John COCKEY Jr. of Baltimore County from Mountjoy BAYLEY (w/ Elizabeth) in 1801; lies along the Monocacy River. - "Monocacy Manor", Lot #11, 1+ acres; from Michael DOTRO (w/ Mary) in 1802. - "Rip Shin", 70 acres, from John M. BEATTY (w/ Letty) and Charles A. BEATTY (w/ Eunice) of George Town in the District of Columbia in 1806, who were sons of Col. Charles BEATTY (he d/ Sep 1804). Their brother Thomas J. BEATTY had conveyed his part to his brother Charles A. BEATTY. Property adjoined the Monocacy River and was free of the dower of Mrs. Verlenda BEATTY, widow of Col. Charles BEATTY. - "Seven Bits United", 196 acres, and "Oxes Chance", 50 acres, from Nicholas HOLTZ, Michael MYERS and Andrew HEDGES, commissioners for the heirs of John KAHRN/KARN (he died since 1788; his eldest son was Jacob KARN), in 1808. - "Williams Project", 1 acre, by warrant in 1809; surveyed and then called "Addition to Bloomfield"; lies along the Monocacy River. - "Merry Makes One", 5 acres, in the village of Urbana, from William WILLSON of John from Montgomery County in 1837 (previously to Willson from George E. PRAGER in 1835). Trustees were William J. ROSE and Madison NELSON; on 4 Aug 1849, sales went to - Joseph C. COCKEY for the Home Farm, "Bloomfield", 215 acres, at $6.50/acre. - Joseph C. COCKEY for mountain land, "Oxes Chance" at $10/acre. - Joseph C. COCKEY for House and Lot in Urbana at $1,500. Total sales, $15,007.50. Distribution: Each 1/7 share, $2,064.03; Closed 6 Oct 1849.
265-273 - WIDDRICK, KRANTZ, PEARL - 1848
John SIFFORD and William J. ROSS, trustees of Jacob WIDDRICK vs John D. KRANTZ Jacob WIDDRICK signed over a deed of trust for his creditors to John SIFFORD and William ROSS as trustees who sold 55 acres to John D. KRANTZ, who now lives in Fairfax Co, VA. Krantz paid the first third, but is not able to pay the second and third installment; therefore, request is made to resale the property. Property was sold free of dower. Land - 'Estes Farm', to Widdrick from Frederick A. SCHLEY, Esquire; lies north of the old Mill Road and adjoins land of John PHLEEGER. Exception is made for house and 3-acre lot where Eleanor "Nelly" PEARL is now living, sold to her by Krantz. A failed public sale was held on 17 Mar 1848 at Benjamin GILBERT's Tavern in Frederick Town. On 16 Mar 1849, the trustees sold the remaining 52 acres to Catharine KRANTZ at $1,343.25. After monies were paid to trustees for creditors, the remaining balance of $4.27 went to John D. KRANTZ. Closed 23 Aug 1949.
273-284 - CLAGETT, MARLOW, DUVALL, MADDOX, CHEW, McGILL - 1847
Thomas J. CLAGETT and Others vs Ann CLAGETT and Others Rev. Thomas John CLAGETT, Bishop of Protestant Episcopal Church, d/ 1835 intestate s/ Thomas J. CLAGETT (Jr) d/ Laura E. CLAGETT d/ Violetta w/o Tusco MARLOW d/ Sarah w/o Henry DUVALL d/ Mary P. w/o Thomas MADDOX - St Mary's County d/ Genevieve w/o John CHEW - St Mary's County d/ Ann CLAGETT, a minor s/ Samuel CLAGETT, a minor Land - 1/2 moriety of "Deep Run", "By the Garden", "Contentment", "Puzzle", "Resurvey on Choice", "Lovely Peggy" and "Resurvey on Pierpoints Discovery" from John McGILL (w/ Elizabeth) of Prince George's County in 1793 (devised by will to McGill's two sons, John McGILL and Patrick McGILL, who resurveyed the tracts into one tract now named "Lambeth", 249 acres, and obtained a patent for it in 1791; lies along road from Frederick Town to Harpers Ferry. Guardian was David SCHLEY, Esquire; testimony was heard from Benedict BOONE. Trustee for sale of real estate was Thomas J. CLAGETT (Jr) with bond posted by Sophia CLAGGETT and Horatio CLAGGETT. After a failed public sale on 30 Sep 1847, private sale was made to Laura E. CLAGGETT at $5,000. Distribution: each 1/8 share, $596.21. Closed 5 Mar 1849.
284-294 - BUZZARD, LONG, SHAFFER, TOMS, BROWN - Jan 1848
George LONG vs Martha A. BUZZARD and Others Enos BUZZARD d/ 24 Jun 1847 intestate widow - Catharine d/ Martha Ann BUZZARD, a minor s/ John E. BUZZARD, a minor Land - "Good Luck", "Altogether", 21 acres, to Enos from George LONG in 1843. - "Three Mill Seats", 22 acres, to Enos from George LONG in 1844. Administrator of estate was George LONG with Jacob HAUVER and George BUHRMAN as sureties. Guardian was Caspar MANTZ. Testimony was heard from John BUZZARD. Trustee was Adam W. SHAFFER with sureties as John W. BUZZARD and George LONG of Washington County. Sale was held on 15 Mar 1848 at WOLF's Tavern with high bidders as: - William TOMS for the 21 acres at $500; - William BROWN for 6 acres at $43. Distribution: the widow in lieu of dower, 1/7 or $63.60; creditors paid; each child's 1/2, $21.87. Closed 22 May 1849.
294-307 - REMSBURG, FEASTER, GEISBERT, LAKIN, THOMAS, HAWKER, RENN - 1847
The Farmers & Mechanics Bank of Frederick County vs Sebastian REMSBURG and Others George REMSBURG Sr d/ 3 May 1847 intestate Widow - Catharine s/ Sebastian REMSBURG d/ Elizabeth (Remsburg) w/o John FEASTER Sr. s/ Jacob REMSBURG d/ Anna (Remsburg) w/o Hamilton GEISBERT d/ Susan (Remsburg) w/o William LAKIN d/ Catharine (Remsburg) w/o Emanuel THOMAS - Missouri Administrators were Jacob REMSBURG and Sebastian REMSBURG. Land - "Poplar Thicket", "Grubly Hollow" and "Feltys Neglect", 79 acres; and "Poplar Thicket", 144 acres; and "Resurvey on George's Discovery", 188 acres; and "Poplar Thicket", 2 acres, from Sebastian REMSBURG, George Cost BISER, William LAKIN, John FEASTER Sr. and Jacob REMSBURG, whereas they acted as securities on various notes to Charlotte BUCKEY, Susan STONER, Thomas W. MORGAN, Lewis REMSBURG (secretary of bank), Elizabeth THOMAS, Owen EVANS. Trustees were John FEASTER Sr. and William LAKIN. After a failed public sale, private sale was made on 15 Dec 1848 to Jacob REMSBURG for 178 acres at $35/acre or $6,259.53; sold free of widow's dower ("Poplar Thicket"?). 1st Distribution of proceeds: the widow, 1/10 or $594.57; notes paid. On 17 Jul 1849, sale was held at the tavern of William TABLER in Jefferson, but no sufficient bid was received. Private sale ("George's Discovery") was made to - Jacob REMSBURG for 39 acres at $431 - Philip HAWKER for 21 acres at $464.75 - Alexander H. GEISBERT for 126 acres at $2,520 - John H. RENN for 19 acres at $614.19 Total sales, $4,030.27. Final Distribution: to the widow, $59.91 and $385.65; creditors paid; the remaining balance of $693.50 was divided among the six children, $115.58 each. Closed 16 Aug 1849.
308-322 - DUDDERAR, FURSTON, PEARREE, NICHODEMUS, BLOOM, ECKER, WORMAN, LINDSEY, DANNER - 1847
David DUDDERAR vs Margaret DUDDERAR and Others Conrad DUDDERAR, dec'd (Will GME-1, 227 dated 23 Jun 1823) (Codicil 23 Jun 1823; filed 9 May 1831) s/ John DUDDERAR (previously deeded him land) s/ Samuel DUDDERAR (land in Lincoln Co, KY conveyed to Conrad from Benedict SWOPE) s/ Benjamin DUDDERAR (land "Upper Marlboro" to Conrad and John DUDDERAR from Michael HAINES Sr. in Baltimore County) s/ William DUDDERAR * (home plantation in tracts: "Mistake Rectified" and "Pleasant Fields" from Thomas DORSEY; "Justices Delight" from Adam MARKLE; "Black Walnut Rudge", 50 acres on north end) s/ David DUDDERAR (plantation where David lives: "Pleasant Fields" to Conrad from William GOODWIN; "Black Walnut Ridge", 25 acres) d/ Sarah FURSTON (Apple Orchard, next to "Browns Delight") d/ Elizabeth DUDDERAR ($400 plus furniture) d/ Susannah DUDDERAR ($400 plus furniture) s/ Conrad DUDDERAR Jr. (residue of personal property, shared with sisters) Executor was son William DUDDERAR. Witnesses: Robert CUMMING, George OVELMAN, John GERHARD. Witnesses for Codicil: Robert CUMMING, George OVELMAN, George P. BUCKEY. (Robert CUMMING died before May 1831) ~~~~~~~~~~~~~~ *Willliam DUDDERAR d/ 27 Feb 1847 intestate widow - Margaret s/ G. Washington DUDDERAR d/ Eliza (Dudderar) w/o James PEARREE d/ Susannah (Dudderar) w/o Isaac C. NICHODEMUS d/ Mary (Dudderar) w/o Adam BLOOM - Carroll County d/ Sarah (Dudderar) w/o Jacob ECKER - Carroll County d/ Elizabeth (Dudderar) w/o Josiah M. WORMAN - Ohio d/ Ellen (Dudderar) w/o David LINDSEY - Ohio s/ Peter DUDDERAR Land - "Resurvey on Justices' Delight" (from his father's will). Administrator was G. Washington DUDDERAR who also testified and was the trustee for the sale of the real estate to payoff the creditors. Those who posted the bond with him were Levi L. BARNES and Israel MILLER. On 24 Apr 1849, after a failed public sale, private sale was made to Daniel DANNER for 25 1/2 acres at $637.50. On 25 Sep 1949, Benjamin DUDDERAR testified that Margaret, William's widow, was about 65 years old and in rather delicate health; she was awarded 1/10 of the proceeds before the creditors were paid. Distribution: the widow, $113.75; creditors were paid 24 2/5 %of their claims. Closed 1 Nov 1849.
322-340 - CRONISE, SALMON, PHILLIPS, LEVERING, KEMP - 1849
Thomas W. LEVERING and Leonidas LEVERING, partners trading as T. W. & L. LEVERING vs J. Stoll CRONISE and Others Jacob Stoll CRONISE and his wife Marianna were indebted to Hamilton H. SALMON of Baltimore City (the Leverings were also of Baltimore City and Salmon's interest was transferred to them) on 28 Jun 1847. Cronise was also indebted to William H.V. CRONISE of Baltimore City on 18 Oct 1847, Mortgages were written to both sets of creditors. On 1 Mar 1849, J. Stoll Cronise applied for solvency. Land - Lot #26 in Jefferson (previosuly devised to Abraham KEMP by Dorothy KEMP by her Will dated 20 Mar 1826, GME-1, 312-314). - Lot #28 in Jefferson (previously devised to Dorothy KEMP by Bernard HERSHPERGER by his Will dated 11 Jun 1798, GM2-1, 312-314) Trustee was William C. SAPPINGTON with sureties as Thomas SAPPINGTON and Greenberry R. SAPPINGTON. On 21 Apr 1849, sale was made to Thomas H. PHILLIPS for Lot #28 at $2,000; however, Phillips failed to pay and moved to Montgomery County. Property was resold on 24 Aug 1849 to the LEVERINGS by their agent, Worthington ROSS for Lot #26 at $1,800. The LEVERINGS received the proceeds. Closed 20 Oct 1849.
341-343 - KEEFER, FINNEY, PALMER, THOMAS, SHRIVER - 1849
Henry KEEFER Estate Third Statement of Account by Jacob KEEFER and Michael KEEFER, trustees. Monies for land from Charlotte FINNEY - $2,094.16 + Interest $187.86, totals $2,282.02. After expenses, balance for heirs, $2,109.56. 3rd (?) Distribution of Henry KEEFER's Estate bro/ Jacob KEEFER, 1/5 or $421.91 sis/ Charlotte FINNEY, 1/5 or $421.91. bro/ Christian KEEFER, dec'd, 1/20 or $105.47 to each of his heirs ...........Ezra KEEFER ...........Michael KEEFER ...........Caroline KEEFER ...........Mary PALMER, $35.15 to each of her children -------------Elleanor A. PALMER -------------Caroline P. PALMER -------------Mary J. PALMER bro/ Michael KEEFER, dec'd, 1/10 or $210.95 to each of his children ............Peter KEEFER (M. B. LUCKETT, trustee) ............Hiram KEEFER (George KOONTZ, trustee) sis/ Mary THOMAS, dec'd, 1/15 or $140.65 to each of her children ............Christian K. THOMAS ............William W. THOMAS (Michael KEEFER, assignee) .............Anne E. SHRIVER Additionally, the rent for the mill from Michael KEEFER of $500 was distributed in the same portions. Closed 21 Nov 1849.
343-350 - SHRIVER, WILSON, WILLIAMS, GAMBRILL, RUTHERFORD, KEEFER, FISCHER - 1848
George J. FISCHER vs Edward SHRIVER and Others Abraham SHRIVER d/ 29 Jul 1848 (Will) s/ Edward SHRIVER s/ William E. SHRIVER - Baltimore d/ Mary w/o Charles WILSON - Virginia d/ Ellen w/o John H. WILLIAMS d/ Ann M. GAMBRILL, dec'd ..........Ann M. GAMBRILL, a minor - Baltimore s/ Charles SHRIVER, now dec'd (between Jul 1848 to Jul 1849) ..........Charles E. SHRIVER, a minor Exec/ Edward SHRIVER, John H. WILLIAMS and Charles Wilson SHRIVER. Witnesses: Land - from Edward SHRIVER and Charles RUTHERFORD, trustees for Benjamin RUTHERFORD, dec'd; but was sold by Abraham SHRIVER to George J. FISCHER for $2,400. Petition is for title to land. Testimony was heard from John H. WILLIAMS. Guardian was Michael KEEFER. Title was granted; closed 20 Sep 1849.
351-369 - McGEE, MURPHY - 1845
Peter McGEE vs Patrick MURPHY and wife Mary Patrick MURPHY's land was sold to Thomas JOHNSON by the sheriff, George RICE, but Murphy agreed to pay Johnson the full amount plus $100 more to buy back the land; Peter McGEE loaned him the money and the property was mortgaged to McGee. Murphy had never paid anything to McGee. Land - Lies in both Frederick and Montgomery Counties; "Rome", 158 acres, on SW side of Little Monocacy and next to "Molly's Mountain" and land of John WHITE. - "Necessity Enlarged" and "Stoney Hill", 216 acres, devised to Murphy from his father, William MURPHY, dec'd (Will GM & RB-4, 214-216). Trustee was Madison NELSON; on 28 Feb 1846, sale was held at the tavern of Benjamin GILBERT in Frederick City with high bidder being Peter McGEE for the farm of 296 acres at $2,668.50. 1st Distribution: Peter McGEE, $2206.32; Patrick MURPHY, $279.72. Patrick MURPHY objectioned to the sale at $9/acre, claiming it could have been sold for $15 an acre if sold at the premises 12 miles out of Frederick; however, the court ruled in favor of Peter McGEE who had to get an injunction to have the Murphys removed from the property. Closed Jul 1847.
369-385 - RUNNER, ROHRER, DEGRANGE, SHOW, WOLF, KENNEDY, HENEBAUGH, MORE, CULLER, TRUNDLE, JONES, BEARD, FAUBLE - 1847
John DEGRANGE and wife, Catharine ROHRER and Others vs Henry RUNNER and Others Daniel RUNNER d/ 1846 intestate and single sis/ Catharine (Runner) ROHRER, a widow bro/ Michael RUNNER, dec'd, his children ..........Elizabeth (Runner) w/o John DEGRANGE ..........Michael RUNNER (Jr) sis/ Mary (Runner) KENNEDY, a widow bro/ Henry RUNNER sis/ Charlotte (Runner) WOLFE, dec'd, her children ..........Lewis WOLF ..........Peter WOLF ..........John WOLF ..........Catharine (Wolf) w/o ______ RUNNER ..........Mary (Wolf) w/o John ROHRER sis/ Elizabeth (Runner) SHOW ..........John SHOW ..........Jacob SHOW ..........Conrad W. SHOW ..........Henry SHOW ..........Daniel SHOW ..........William SHOW ..........Mary (Show) HENEBAUGH, a widow ..........Charlotte (Show) MORE, a widow Trustee was John DEGRANGE. Sale was held on 19 Jun 1847, sales to - David TRUNDLE of Otho for old home farm, 124 acres, at $5,123.97. - Catharine ROHER for 182 acre farm at $2,822.06. - Abraham JONES for wood land of 14 acres at $349.12. - Henry CULLER for wood land of 8 acres at $274. - Henry CULLER for wood land of 13 acres at $228.29. - Henry CULLER for wood land of 9 acres at $232.64. - Catharine ROHER for wood land of 8 acres at $337. - Jacob FAUBLE for 52+ acres at $949.61. - Henry CULLER for wood land of 13 acres at $549.63. - Abraham BEARD for wood land of 12 acres at $364.12. - Peter BEARD for wood land of 9 acres at $102.37. Total sales, $11,332.87. Three lots were by KING's Blacksmith Shop. Objection was made by David TRUNDLE that he wasn't aware that the water flow had been changed for the mill. John DEGRANGE testiified that everyone who viewed the property was able to see the water flow went to the mill race and it had been that way for years. By 16 Jun 1848, Frederick A. SCHLEY, representing David TRUNDLE, claimed that David TRUNDLE had been confined to the Maryland Hospital as a lunatic and was of unsound mind and that, at the time of the bid, he was unsound of mind and the sale should be declared void and the property resold. The court agreed. 1st Distribution: $5,683.21. Each brother and sister received 1/6 or $947.20; the deceased siblings' shares were divided equally among their children listed above. On 22 Jul 1848, the old home farm was resold at public sale to Peter BEARD and Abraham BEARD at $38/acre or about $4,712 in yearly payments. 2nd Distribution: $1,435.16 (after court/admin fees), each 1/6 share, $239.17. 3rd Distribution on 29 Dec 1848, $1,545.31: each 1/6 share, $257.55. Closed 27 Nov 1849.
385-404 - WARTHEN, ATKINS, GARVER/GAVIER, BANE, SLAVES, MURPHY, REICH, OGBORN, PHELPS - Jun 1846
Kearney ATKINS and James H. WARTHEN & Others vs William H. WARTHEN & Others - Petition to Sell John Francis WARTHEN, dec'd (Will 12 Jan 1838; 10 Apr 1838) - Kearney ATKINS (he lived with her and she had six children by him) s/ John Francis WARTHEN (Jr), eldest s/ James Henson WARTHEN s/ Andrew Jackson WARTHEN d/ Belinda (WARTHEN) w/o William H. GARVER/GAVIER s/ William Henry WARTHEN d/ Ann Elizabeth WARTHEN Land - Tavern stand and 4 acres, from Nathan HAMMOND of Vachel (to eldest son, John Francis WARTHEN). - House & Lot from Jeremiah COVEL, then occupied by William BANE, located on North side of the Turnpike Road leading from Frederick Town to Baltimore and contiguous to the present home site (to son James Henson WARTHEN). - House and Lot of 20 acres (Eastern end), then occupied by Henry WARTHEN, from John BASH and Joseph HILL, located on the South side of the Turnpike Road and contiguous to other lands. Executors: Nathan HAMMOND, Grafton HAMMOND and Thomas C. BRASHEAR. Witnesses: Henry NICHOLS, Henry WARTHEN and Joshua COVELL. Guardian was Joshua DILL; testimony was given by James H. MURPHY. Trustee was Joshua DILL; on 28 Sep 1846, sales were made to: - William REICH for 66 acres at $7/acre - James WARTHEN for 13 acres at $13/acre - Caleb OGBORN for 152 at $12.25/acre - Joshua PHELPS for house and lot at $199. Total Sales, $2,852.36. Jesse WRIGHT petitioned the court that on 30 Dec 1843, he had purchased all the rights and interests of Kearney ATKINS and John F. WARTHEN from estate devised to them by John F. WARTHEN Sr. at Sheriff's sale (Sheriff George RICE). 1st Distribution of $712.32 - Jesse WRIGHT (for 1/7 in lieu of life estate of Keaney ATKINS), $332.62 - each 1/6 of the balance, $63.28 to the children; except Jesse WRIGHT received John F. WARTHEN's share. Additional monies were received, some were from sales of SLAVES - negro man PATT - $500 - negro man TATT - $50 - old negro woman TATREG(?) - $25 2nd Distribution of $1,769.65 - John H. WARTHEN, 5/7 of $500 or $357.14 - W. H. WARTHEN, 1/7 of $500 or $71.43 - Ann E. WARTHEN, 1/7 of $500 or $71.43 - each 1/6 of balance, $211.61 to each child; except John F. WARTHEN's share went to Joshua DILL as Insolvent Trustee. Additional claim to estate for credit for goods to Kearney ATKINS after the death of John H. WARTHEN was filed by Hugh McALEER, but he later withdrew it. Closed 15 Dec 1849.
404-453 - POFFENBERGER, ROUTZAHN, BOGNER, KINNA, SCHILDKNECHT, YASTE, HOFFMAN, SUMMERS, MICHAEL, MAUGENS - May 1846
Adam ROUTZAHN vs Andrew POFFENBERGER & Others Jacob POFFENBERGER Sr d/ May 1846 intestate, leaving 11 children d/ Mary Ann (Poffenberger) w/o Adam ROUTZAHN s/ Andrew POFFENBERGER - Washington County s/ George POFFENBERGER - Fayette Co, PA s/ Jonathan POFFENBERGER & w/ Jane - DeKalb Co, IN s/ John POFFENBERGER - Out of State s/ Joshua POFFENBERGER, a minor d/ Elizabeth (Poffenberger) w/o John BOGNER d/ Rachel (Poffenberger) w/o George POFFENBERGER - Out of State d/ Susan (Poffenberger) w/o Samuel KINNA (separated about Jun 1846) s/ Henry POFFENBERGER, dec'd, his children ..........Jacob POFFENBERGER ..........Henry POFFENBERGER ..........Daniel POFFENBERGER ..........Eleanor (Poffenberger) w/o Joseph SCHILDKNECHT ..........Elizabeth POFFENBERGER ..........George POFFENBERGER (age 21 just prior to filing petition) ..........Magdalena POFFENBERGER s/ Jacob POFFENBERGER Jr., dec'd, his children ..........Aaron POFFENBERGER ..........Joshua POFFENBERGER, a minor ..........Mary Ann Eve POFFENBERGER, a minor Land - in Middletown Valley - "John Toms Folly", <1 acre, from Samuel and Mary TOMS in 1833; runs along main road. - "Pleasant Hill", 21 acres, and "Fox Hole", 3 acres, from Michael MENSER (w/ Magdalena) in 1804; next to "Goats Horn". - "Middle Road", 33 perches, from Michael HOFFMAN (& w/ Sophia) in 1840. - "Gilbert's Inheritance Enlarged", 5+ acres, from Jacob SUMMERS (w/ Eliza) in 1814; next to "Pallentine". - "Resurvey on Panmire", Lot #3, 45 acres, (also Lot #5, 25 acres), from Robert CHENEY (w/ Julia) of Washington County in 1810; lies along Middletown to Hagerstown road and next to "Goathorn" and Catoctin Creek. - "Resurvey on Panmire", Lot #3, 10 acres, (also Lot #4 and "Zero", 97 acres), from Joseph ELLER (w/ Elizabeth) in 1800; next to "John Toms Folly". Also Lot #7, 167 acres; next to "Resurvey on Pilgrim's Harbour" and "Palestine" and land of John CACEY (to him from Conrad MOSER). - "Resurvey on Palentine and Shady Grove", 14+ acres, from Jonathan FREY (& w/ Elizabeth) in 1840; next to land of John POFFENBERGER (land to him from Benjamin MOSER) and along Catoctin Creek. - "Branch & Creek" which is part of "Tomps Folly", 9 acres, from John HARP (& w/ Elizabeth) in 1841. - "New Saxony", 383+ acres, resurveyed for Jacob POFFENBERGER in 1818; begins at "John Toms Folly" which was resurveyed for Catharine TOMS in 1744, runs along Catoctin Creek to "Pallentine" and "Exchange", and "Resurvey on Pilgrims Harbour" (resurveyed for Thomas GILBERT in 1765), along "Gilbert's Inheritance Enlarged", "Zero", "Fox Hole", and "Rams Horn" (surveyed for Daniel DULANEY in 1739), and by "Goats Horn" (granted to Daniel ARNOLD in 1749) and along Middletown to Hagerstown road. Plat shows all lands contiguous with majority of land south of Old Hagerstown Road and New Cut Road bordering the West and County Road bordering East. The Catoctin Creek flow up throught the land north and almost to the Old Hagerstown Road and then descends down to the east. Guardian for Joshua POFFENBERGER was John POFFENBERGER. Trustee was Adam ROUTZAHN. Guardian for Joshua POFFENBERGER and Mary Anne Eve POFFENBERGER was Jacob YOUNG of D. On 5 Feb 1847, testimony was heard at the store of Summers & Poffenberger with Thomas H. BOWLUS taking the testimony. Testifying was Jacob SUMMERS of J. who had known them for more than 20 years; also John HARP who had known the family for more than 30 years. Samuel KINNA filed petition for John SIFFORD to be trustee in place of Adam ROUTZAHN; said request was granted. Sureties on John SIFFORD's bond were Benedict BOONE and James KINNA. On 3 Jan 1848, sales went to - John BOGNER for Lot #1, 138 acres at $42/acre; and woodland: Lots #7, 19 acres, & #8, 22 acres, at $31.50/acre; & Lot #9, 23 acres, at $38/acre; totaling $7,980.50 - Adam ROUTZAHN for Lot #2, 46+ acres at $40.25/acre; Lots #4 and #12, 44 acres at $70/acre; and Lot #10, 23+ acres of woodland at $48/acre, totaling $6,089.50. - Michael HOFFMAN for Lot #3, 12+ acres at $80/acre, totaling $1,000. - Aaron POFFENBERGER and Joshua POFFENBERGER for Lots #5, 15 acres at $71.35/acre; and #11, 23 acres of woodland at $41/acre, totaling $2,036.25. - Mary M. SUMMERS for Lot #6, 13+ acres at $33/acre, totaling $437.25. - Daniel MICHAEL for Lot #13, 14+ acres at $52.30/acre, totaling $771.43. - John MAUGENS Jr. for 36 acres of mountain land at $2.60/acre, totaling $93.60. GRAIN SALES - James KINNA for wheat at $4.50/acre, totaling $110.70 - Adam ROUTZAHN for 50 acres of wheat at $4.75/acre and 10 acres of rye at $1.31/acre, totaling $250.62. Grand Total of Sales, $18,770.04. Susan KINNA was represented by Samuel YASTE who petitioned the court that her husband not receive her share of the estate or he would squander it and she and her five small children would be left to suffer with no means of support. She stated her husband had cruel, barbarous and intemperate habits and she was separated for her safety. Samuel KINNA was subpeoned for testimony and denied everything, but stated he had not been a drining man for upwards of twelve months and has never been under the influence of liquor. He also stated he occasionally "frolicked" but never treated his wife otherwise than with greatest affection and respect. He also claimed he was now a housekeeper and his four oldest children were living with him and being supported by him; the youngest was with its mother. He claimed he had asked her to return, but she refused; and he also felt the monies were his property in right of his wife and he had right to demand them. Adam ROUTZAHN claimed he is entitled to three other shares of the estate besides his wife's share which the Routzahns signed over to Sifford as collateral until their purchase money has been paid to the estate. He claimed purchase of shares from George POFFENBERGER (for $1,300), Andrew POFFENBERGER (for $1,300) and Jonathan POFFENBERGER (for $1,600). Distribution: each 1/11 share, $1,568.07; Susan KINNA's share was to be placed in the Fredericktown Branch Bank until a trustee was appointed. They petitioned the court to appoint George BOWLUS, Esquire; which they did. Closed 11 Feb 1850.
453-464 - McGILL, LUCKETT, HOOK - Apr 1849
Thomas J. McGILL & Others vs Betsy McGILL LUCKETT Charles B. McGILL d/ 19 Feb 1833 intestate sis/ Arabella W. McGILL sis/ Sarah A. E. McGILL bro/ Thomas J. McGILL bro/ Patrick McGILL Jr. sis/ Elizabeth HOOK, dec'd ..........James HOOK - Washington County sis/ Elleanor LUCKETT, now dec'd ..........Betsy McGill LUCKETT, a minor ..........Charles McGill LUCKETT, a minor Land - "The Title is Good", 58 acres, from George REMSBURG, trustee for estate of Henry HERSPERGER, in 1832; along the main road and next to land of Patrick McGILL Sr. and Edward L. BOTELER . Patrick McGILL Jr. conveyed his interest to Thomas J. McGILL in 1842; James HOOK did the same in 1844. Guardian was Patrick McGILL. Testimony was heard from John DARE and Jesse M. LITTLE. Trustees were M. B. LUCKETT and Edward SHRIVER. Sale was held at the tavern of W. B. TABLER in Jefferson on 22 Dec 1849; high bidders were: - Thomas J. McGILL for 44 acres at $49/acre - Thomas J. McGILL for 5+ acres at $60/acre - Abraham RICHARDS, at private sale, for "Chestnut Hill", 10 acres at $30/acre. Total sales, $2,801.03. Distribution: each 1/6 share, $430.02 Closed 11 Jul 1850.
465-478 - NULL, WOOD, BLAIR, GRINDER, McGARY, WHITE, BOWER - Jul 1848
Isaac NULL & Others vs John McGARRY & Others John NULL d/ Apr 1848 intestate widow - Mary and 7 children s/ William NULL s/ James NULL d/ Mary wid/o Joel WOOD d/ Catharine w/o Francis BLAIR d/ Harriett w/o Samuel GRINDER s/ Joseph NULL d/ Elizabeth, dec'd w/o James McGARY ..........John McGARY, a minor ..........Francis McGARY, a minor ..........Mary Catharine McGARY, a minor Land - "Resurvey on Isles Mountain" and "Resurvey on Den of Wolves", 105 acre farm, from Samuel DUVALL, as insolvent trustee for Jacob BRANDENBURG, in 1821 (34 acres had previously been sold to George ZIMMERMAN). - House & Lot of 2+ acres, adjoining the farm, from Daniel SCHMEY (w/ Elizabeth) in 1831. - House & Lot #98 (220x60 feet) in Creagerstown, from David MYERS (w/ Elizabeth) in 1840 (previously to Myers from Francis A. BLAIR; and to Blair from Michael WACHTER Sr in 1832). Testimony was heard from Michael ZIMMERMAN. Guardian was James McGARY. Trustee was Joshua DILL; on 5 Sep 1849, sale was held at the farm with sales to - Francis A. BLAIR for the home farm between Lewistown and Creagerstown at $2,227.50. - Francis A. BLAIR for the house and lot in Creagerstown at $251. - Frederick WHITE for the other house and lot at $174. Distribution: to the widow in lieu of dower, $246.46; William NULL for claim, $300; each 1/7 share to children, $274.02. Closed 29 Dec 1849. Note - Frederick County Marriage License Index lists Daniel SCHMEH to Elizabeth BOWER on Jun 12, 1828
478-480 - BELT, WEST, JAMISON, LOWE, McELROY - 1850
Joseph WEST, Henry JAMISON and Others - Petition (See Previous Record HS-4, 249-262) Statement of Account - Estate of Tobias BELT with trustees, Henry M. JAMISON and Joseph WEST Distribution of $10,004.73 (after costs) - Adelaide V. LOWE, $ 1,067.66, principal and interest on her claim - Henry M. JAMISON and Joseph WEST, exec/of Margaret Ann BELT (who was executrix of Tobias BELT) for interest paid to Lowe, $420 and for overpaid assets, $1,313.20; and for heirs under will of Margaret Ann BELT (devised to her for application by Tobias BELT) with interest, $5,447. - Rev. John McELROY, by will of Tobias BELT, $1,796.75. Closed 9 Feb 1850.
480-492 - BAUGHER, LOY, WITHEROW, MARTIN, YONSON, OFFUTT - 1849
James W. BAUGHER, Lewis F. COPPERSMITH and Grayson EICHELBERGER, exec/of Isaac BAUGHER Estate vs Daniel S. LOY and his sureties, Henry YONSON and Jeremiah MARTIN Henry YONSON and John WITHEROW endorsed a note for Daniel S. LOY. John WITHEROW died between Sep 1839 and Oct 1841, and Jeremiah MARTIN replaced him as an endorser. Yonson and Martin were given a mortgage by Loy and they later assigned this to Isaac BAUGHER. Daniel S. LOY later became insolvent and never repaid Baugher for payment on the mortgage that Baugher had covered for him; Baugher had obtained a judgement against Loy. Land - "Lost and Found", 4+ acres, east and west of Owings Creek and one mile from Graceham, and the tail race; - "Disappointment", "Chance" and "Make the Meadow Bigger", 5 acres, to Daniel S. LOY in 1839 from John SEISS, Exec/of William DELEPLAINE. Isaac BAUGHER died Apr 1848 with a Will. Trustee was James W. BAUGHER; sale was held on 2 Mar 1850, high bidder was Charles OFFUTT at $301. Distribution after court costs: $263.83, to estate of Isaac BAUGHER. Closed 7 Mar 1850.
492-506 - BOLLER, SEISS, STORCK, IRONS, HOFFMAN, STONER - Jan 1849
William H. BOLLER & Others vs John R. BOLLER & Others William BOLLER d/ Dec 1848 intestate s/ William H. BOLLER d/ Sarah w/o Benjamin SEISS d/ Catharine w/o William STORCK s/ John R. BOLLER s/ David BOLLER s/ Jacob BOLLER - Out of State d/ Eliza w/o Michael IRONS d/ Mary w/o George HOFFMAN, both dec'd .....John H. HOFFMAN .....Rebecca HOFFMAN .....George HOFFMAN, a minor (turned 21 before 18 Jun 1849) ....(Samuel R. HOFFMAN, a minor, was a son of George HOFFMAN and a subsequent wife, not a son of Mary) Land - "Arnold's Delight", 132 acres, farm in Graceham, from John BOLLER (w/ Catharine) and William BOLLER (w/ Ann Maria) in 1843; (previously from Mathias YOUNG to William BOLLER Sr in 1805 and then to John BOLLER and William BOLLER in 1833). - "Good Neighbour", Lot #3, 4 acres, from John R. BOLLER in 1844. - "The Mountain Tract", 60 acres, from John STEWART, exec/of John MOYER, in 1830; next to land of Peter SHOVER. - tract of 16 acres, where Michael IRONS and wife then lived. Jacob BOLLER filed for insolvency in 1841 and made a deed of trust to Isaac E. PEARSON, Esq. Guardian for George HOFFMAN was Jacob GERNAND; trustees were Wm. H. BOLLER and Jacob GERNAND. On 21 Aug 1849, sales were made to - John ROUGEN? for Lot #1 of 11 acres at $161.82 - John ROUGEN? for Lot #2 of of 11 acres at $168.75 - Perry EYLER for Lot #3 of 10 acres at $150 - Henry BLACK for the limestone lot of 4 acres at $78.80 - Elizabeth JONES for 12 acres of mountain land at $120 - Daniel STONER for the home farm (did not obtain a sufficient bid at sale, but was sold at private sale on 2 Nov 1849) at $3,300. Total amount of sales, $3,979.37. Distribution after costs - each 1/8 share to children, $469.37. Closed 3 Jan 1850.
507-513 - GEIGER, GROSHON, STALEY, EYLER, ALBAUGH, HAHN, KEEFER, CUSTIS, FOX, YOUNG, EIGENBRODE, MYERS, ABLE, SHRIVER, SCHUYLER, HAWN, SMITH- Sep 1849
Abraham GROSHON & Others - Petition Leonard GEIGER, dec'd (Will 1 Feb 1831) widow - Eve M. (d/ abt Jul 1849) - Elizabeth w/o Michael SCHUYLER - Abraham HAWN (a former apprentice of his) sis/ Margaret (Geiger), dec'd w/o John GROSHON (1/2) .....John GROSHON (d/ 1849) ----------George GROSHON ----------Sophia (Groshon) w/o Daniel EYLER .....Elias GROSHON, dec'd ----------George W. GROSHON ----------Ephraim GROSHON .....Margaret (Groshon) w/o Isaac ALBAUGH, both dec'd ----------John ALBAUGH ----------Isaac ALBAUGH ----------Thomas ALBAUGH ----------Catharine (Albaugh) wid/o Elias HAHN ----------Mary Ann (Albaugh) w/o William KEEFER .....Mary (Groshon), dec'd w/o ______ CUSTIS ----------Ann CUSTIS ----------John CUSTIS .....Elizabeth (Groshon), dec'd w/o John FOX ----------May (Fox) w/o David YOUNG ----------Elizabeth (Fox) w/o John EIGENBRODE ----------John FOX ----------Jacob FOX ----------Sophia (Fox) w/o George W. GROSHON .....Abraham GROSHON sis/ Louisa (Geiger), dec'd w/o John STALEY (1/2) .....Susan (Staley) w/o Jacob MYERS .....John STALEY .....Elizabeth STALEY w/o ___________ .....Joseph STALEY .....Abraham STALEY .....Catharine (Staley) w/o Christian ABLE .....Hannah (Staley), dec'd w/o ______ SHRIVER ----------Elizabeth Ann SHRIVER ----------Mary J. SHRIVER Exec/ nephew, John GROSHON (d/ 9 Feb 1849) Witnesses: Jacob FIROR, John SMITH and Henry FIROR. Land - "Resurvey on Taylor Bodkin's Stoney Corner" and "Black Oak Neck", 154 acres. Abraham GROSHON assigned his share to George BECKENBAUGH who was also the exec/of Elias GROSHON (Mary's son). Trustees were Abraham GROSHON and George BECKENGAUGH. Sale was held on 10 Nov 1849, high bidder was Henry C. SMITH at $2,702.70. Distribution: each 1/6 to Mary GROSHON's children, $197.43; each 1/7 to Elizabeth STALEY's children, $169.22. Closed 21 Mar 1850.
514-547 - BAUGHER, COPPERSMITH, EICHELBERGER, SLAVES, MYERS, MOTTER - Sep 1849
Grayson EICHELBERGER & Others vs Virginia BAUGHER & Others Isaac BAUGHER of Emmittsburg, d/ 1 Apr 1848 (Will 16 Dec 1845; 28 Apr 1848) widow - Ann Elizabeth and 11 children d/ Maria Louisa w/o Lewis F. COPPERSMITH d/ Amanda w/o Grayson EICHELBERGER s/ James W. BAUGHER s/ Oscar BAUGHER s/ Edmund H. BAUGHER d/ Virginia BAUGHER, a minor s/ Charles H. BAUGHER, a minor s/ John F. BAUGHER, a minor d/ Ann Elizabeth BAUGHER, a minor s/ Isaac Albert BAUGHER, a minor d/ Emma Catharine BAUGHER, a minor Land - House & Lot (Baugher's home), 2 acres, on north side of Emmitsburg, formerly property of John TRUX; lies east of road from Emmitsburg to Gettysburg. - Adjoining Lot, 2 acres, from Jacob TRENKLE. - Lot of 2 acres in Emmitsburg housing barn and stable, from exec/of John TROXELL, lies south of tavern stand now occupied by Mrs AGNEW. - Mountain lot, adjoining Robert CROOK's land (formerly owned by his father-in-law). - DC property, now in possession of Lewis SMITH who was the former owner; Smith and his wife to have life estate. SLAVES - All to be freed upon his death. - colored slave MARY MYERS - Henry L. BAUGHER for Education Society of Evangelical Lutheran Church in Gettysburg, $2,000 - Joseph BAUGHER - real & personal property owned jointly with Joseph and trading as Joseph Baugher & Co, to remain and continue during Joseph's lifetime or until he wishes to cease business. - Mercantile business, Isaac Baugher & Co, conducted in Emmitsburg with son James W. BAUGHER - to continue for two years after his death. - Theological Seminary in Gettysburg, $500. - PA College in Gettysburg, $500 - American Tract Society in New York, $500 - American Board of Commissioners for Foreign Missions, $500 Exec/ son James W. BAUGHER, Lewis F. COPPERSMITH and Grayson EICHELBERGER. Witnesses: Eli SMITH, John McINTIRE, Joseph LONG, Emanuel BRUGH. Land - "Araby" and "Resurvey on the Hermitage", 33 acres, containing the Mansion House farm, from Worthington JOHNSON in 1847; property line starts at Georgetown Road and adjoins land of Col. Griffin TAYLOR (to Johnson from Wm. J. ROSS, trustee of Col. John McPHERSON in 1847. - "Araby", 226 acres, from Worthington R. JOHNSON and w/ Ann R. in 1847; adjoins the previous property and runs to the bridge crossing the Monocacy and along the river. - "Enlargement", 22 acre mountain lot, from Ebenezer SHIELDS, trustee of John JORDAN, dec'd, in 1835; starts at NE side of Carrick's Creek and joins land of George M. EICHELBERGER. - Lot #90 in Frederick Town, from Mountjoy B. LUCKETT, trustee in case of Wm. F. LYNCH & Mary E. LYNCH & Others in 1848, (previously to Edward A. LYNCH from William SCHLEY and w/ Ann C. in 1837). - "Silvers Fancy", 1 acre by a 30' alley, near Emmittsburg "North" and in town limits, from Hugh TURENEY and w/ Bridget of Liberty Twp, Adams Co, PA in 1842. - Lot #3, 27 acres (McKissick's), on road leading from Emmittsburg to Hagerstown, from Thomas W. MORGAN, Sheriff, for debt settlement of William McKISSICK, John EYLER and Henry FIROR, in 1824. - Tract of 15 acres (previously from Lewis MOTTER, exec/of Patrick BRADLY to McNair in 1822); and Tract of 56 acres (previously from John ARMSTRONG to McNair in 1822); from William J. ROSS in 1846, he trustee for lands of Samuel McNAIR in the case of Alexander H. McNAIR, Boydman ELLIS and w/ Margaret & Others vs Samuel ARTHUR & Others. - "Resurvey on Douthers Chance" and "Silver Fancy", 7 acres, by Gettysburg Road with 10' alley, from Joseph BAUGHER and w/ Julia J. in 1836. - "Douthers Chance", 22 acres, near Emmittsburg on road leading from Emmittsburg to Gettysburg, from William PATTERSON and w/ Mary in 1835; adjoins lands of James HUGHES, heirs of A. McNAIR and William PATTERSON. - House & Lot #121 in Emmitsburg, from Andrew ANNAN in 1846, trustee for Equity Bill #1912 in Dec 1844, from Sheriff Peter BRENGLE in 1832 for properties of Magdalena WHITMORE, Henry W. WHITMORE and Benjamin WHITMORE and in payment to John TRUX and John GRABILL. - Tract of 222+ acres; to Isaac BAUGHER and James SHORB from Bushod POOLE of Carroll County and George H. WAESCHE of Frederick County in 1845, trustees of deed of trust of Daniel J. POOLE of Carroll County. Exception - 92 perches had previously been sold to Frederick DORSEY; (previously to Daniel J. POOLE from John KNOUFF and w/ Catharine, Zebulon KUHN and w/ Amy, John COVER and w/ Susannah, and John SMITH and w/ Mary in 1824). His will failed to empower anyone to sell the lands. Guardian was George M. EICHELBERGER who also testified. Trustees were James W. BAUGHER, Lewis F. COPPERSMITH and Grayson EICHELBERGER. Sale was held in Emmittsburg at GETTIER's Tavern on 19 May 1849, high bidders were: - Samuel MOTTER for 2-story brick house & lot on SW corner of the diamond in Emmittsburg at $1,210 - Lewis M. MOTTER for house & lot on south side of Main St, then in occupancy of Asa WEBB, at $475 - Lewis M. MOTTER for house & 1-acre lot near Emmitsburg on road to Gettysburg at $360 - Charles H. BAUGHER for the 40-acre McNAIR farm on road to Gettysburg at $2,000 - Charles H. BAUGHER for 30-acre lot near Emmittsburg on road to Gettysburg at $1,500 (Patterson's) - Ann Elizabeth BAUGHER for house & lot on East Church St in Frederick (late residence of Isaac BAUGHER) at $7,200 in private sale. On 21 Apr 1849, public sale was held at KEEFER's Hotel in Frederick for the 'Araby' farm, but no sufficient bid was given. 1st Distribution of $12,745, after court costs, $12,615.50 - each 1/11 share, $1,146.86. Closed 26 Jan 1850.
548-555 - CRONISE, WERTENBAKER, LORENTZ, SIFFORD - 1849
John SIFFORD and Henry LORENTZ vs William H. V. CRONISE Woodward E. WERTENBAKER held a mortgage on property of William H. V. CRONISE (later lived in Baltimore City) and later assigned the mortgage to John SIFFORD and Henry LORENTZ. Land - "New Market Plains", Lot 1, 192 acres, (1/3 undivided part that Cronise purchased from Woodward), to William WERTENBAKER Sr from Nicholas PITTS, exec/of Elizabeth PITTS, in 1839. Trustee was Henry LORENTZ. On 20 Dec 1849, sale was made to Thomas M. PLUMMER at $1,076. After mortgage payments, balance left was $207.76. Closed 13 Apr 1850.
555-574 - ZIMMERMAN, COOKERLY, WOOD, COPPERSMITH - Jan 1849
James A. ZIMMERMAN Estate James A. ZIMMERMAN d/ Spring 1848, intestate widow - Margaret and two minor children s/ Eugene ZIMMERMAN s/ James William ZIMMERMAN Land - Lots #45 & 46 near Creagerstown, previously owned by William COOKERLY, but sold at sheriff's sale (Sheriff George RICE) to cover his vast debts (to Cookerly from Mary DUVALL in 1832. - Lots #66 & 67 in Creagerstown, and "Town Tract", 5 acres, (previously from George BECKENBAUGH and w/ Martha in 1847) from John W. STAUP and w/ Eve in 1847; also "Town Tract", 12 acres, (previously to Staup from Frederick HANKY in 1846). The children's uncle, John P. ZIMMERMAN, petitioned the court on their behalf and for the widow; he was the guardian and trustee for the sale. On 1 Sep 1849, sale was made for the taven stand, but bidder did not comply with the terms; it was later sold at private sale to Basil WOOD at $900. The lots were sold to Lewis F. COPPERSMITH at $325. The sales were $175 less than the appraisal. On 17 Dec 1849, William COOKERLY testified he was personnaly acquainted with the widow and that she was 26 years old and healthy; she was awarded 1/7 share in lieu of her dower. Distribution of $1044.66: the widow, $149.23; balance paid to creditors. Closed 5 Feb 1850.
574-585 - BOGNER, SIFFORD, POFFENBERGER, SUMMERS, GROSSNICKLE - Jan 1849
John SIFFORD vs John BOGNER At the Estate sale of Jacob POFFENBERGER in 1847, John BOGNER purchased Lot #1, 138 acres, at $5,796; Lot #7, 19 acres at $598.50; Lot #8, 22 acres at $693; Lot #9, 23 acres, at $893; which totaled $7,980.50. Bogner has only paid $625 and has failed to comply with terms of sale. Trustee for resale of property was John SIFFORD. On 24 Feb 1849, sale was held in Middletown, high bidders were: - George GROSSNICKLE and Joshua GROSSNICKLE for Lot # 1, 131 acres at $5,764 and also Lot #9 at $893, totaling $6,657. - Samuel TOMS for Lot #8 at $682. Total sales, $7,339. Lot #7 was sold at private sale to John BOGNER at $658. Bogner had previously sold 7 acres of Lot #1 to Mary M. SUMMERS and gave those proceeds to the trustee (amount not disclosed). The final total of sales was then declared at $7,997.35. Bogner was charged $145.18 for the difference between the two sales, including additional costs and giving him credit for his previous payment. George and Joshua GROSSNICKLE petitioned the court to substitute Peter GROSSNICKLE as the buyer instead of themselves who were acting as agents for Peter who has already paid in full. Substitution was allowed. Closed 20 Mar 1850.
585-601 - HAMMOND, HALL, SMITH, ETCHISON, PLUMMER, WOOD, TRAYER, SOWERS - Aug 1847
Nicholas HALL, Denton HAMMOND & Others vs Grafton HAMMOND & Others Denton HAMMOND Sr d/ 11 Aug 1836 intestate d/ Elizabeth w/o Nicholas HALL (N. H. SHIPLEY as notation for her) s/ Denton HAMMOND (Jr) s/ Augustus HAMMOND d/ Isabella HAMMOND, a minor s/ Grafton HAMMOND, a minor s/ Thomas E. HAMMOND, a minor s/ Wellington HAMMOND, a minor Guardian was Elias W. BOTELAR who gave testimony to validate petition. Trustee was Denton HAMMOND Jr who gave bond along with Thomas HAMMOND and Evan D. HAMMOND. Thomas HAMMOND petitioned the court regarding Denton's lack and he was removed and George SMITH was then named as trustee with securities as John J. SMITH and Edward SHRIVER. Land - 1/7 undivided part of "Locust Thicket", 152 acres, from Henry MAYNARD and wife in 1830. - "Lapland", 128 acres, from Nathan C. HAMMOND (w/ Mary) in 1834. During Denton HAMMOND Jr's period of trustee, he held public sale at the tavern of Thomas ETCHISON in New Market, but never received an adequate bid. On 1 May 1848, he sold at private sale to Zebulon CLAY and Cornelius CLAY the property at $2,250 and received 1/3 cash. Trustee George SMITH sold cut wood and grain. A survey of the proprty was done in Feb 1850 showing the bulk of the property south of the county road to New Market with an unnamed road running to the west of the property going diagonally to the south of property. The southern division is listed as 89.1.37 acres, the northern as 102.2.15 acres with three adjoing lots: Lot 1 is nw, Lot 2 is wedged north of the two intersecting roads and Lot 3 is north of the propety and divided by the county road (as was Lot 2). Public sale at the tavern of Thomas ETCHISON in New Market produced sales: - Eli SOWERS for homestead, 162 acres at $2,601.50 - Joseph WOOD for southern division, 89 acres, at $1,570.39 - William Handy TRAYER for Lot #1, 7 acres, at $195 - W. B. PLUMMER for Lot #2, 3 acres, at $101.95 - W. B. PLUMMER for Lot #3, 2 acres, at $46.77 Total sales, $4,515.51. Eli SOWERS and Joseph WOOD petitioned to substitute E. W. MOBBERLY as the buyer which was approved. Total sales collected from both trustees, $7,123.16. Distribution of $6,583.95: each 1/7 share, $940.56. Closed 4 Jun 1850.
601-620 - ROUTZAHN, COBLENTZ, BOWLUS, HALLER, OWENS, HAGAN, SMITH - Aug 1849
Basil NORRIS vs Henry COBLENTZ & Others George L. ROUTZAHN d/ 28 Apr 1849 widow - Eve and 4 minor children d/ Elizabeth Sarah Ann ROUTZAHN d/ Eugenia ROUTZAHN d/ Malinda Catharine ROUTZAHN s/ John ROUTZAHN (died Apr-Aug 1849) Administrator was Henry COBLENTZ. Land - "Little Bottle", "Delight", "Stony Land", "Resurvey on Hunters Delight" (tracts not stated in the following two deeds) - Plantation of 154 acres, from Henry BOWLUS in 1823 (Deed JS-17, 665); and "Puzzlesome Corrected", 57 acres, from David BOWLUS in 1823; Both parcels to John ROUTZAHN and George L. ROUTZONG (sons of Benjamin ROUTZAHN) in 1838 from Benjamin ROUTZAHN of Adam, exec/of Benjamin ROUTZAHN (Will dated 11 Jul 1825). John ROUTZAHN and w/ Sarah sold their half share to George L. ROUTZAHN in Apr 1838 for $4,760. - Tract of 6 acres (previously to Henry SMITH from George SMITH and Jacob SMITH in 1829), from George W. ABRECHT and w/ Mary in 1848. - "Resurvey on Hunters Delight", 1 acre, (previously to Thomas SHROYER from Michael KELLER in 1815). - "Deer Spring", 1 acre, adjoining the other acre, (previously from Christopher RADER in 1830). Both parcels from Elizabeth ROUTZAHN in 1836. Guardian was Thomas HALLER; testimony received from Henry COBLENTZ and George BOWLUS. On 24 Oct 1849, Philip COBLENTZ testified the widow was about 34 years old. Trustee was Henry COBLENTZ with sureties as John COBLENTZ of P. and John ROUTZAHN. Sale was held 12 Jan 1850 in Middletown; high bidders were: - Hugh OWENS for mountain land, Lot #1, 24 acres, at $397.56 - Michael P. HAGAN for mountain land, Lot #2, 24 acres, at $339.56 - John ROUTZAHN of B. for farm of 161 acres in Middletown at $10,191 - John SMITH of Henry for 2 acre lot w/buildings at $646.50 Total sales, $11,574.62. Distribution of the 1st third of sales, $3,858.20; after costs, $3,213.06 - widow's 1/7, $1,653.51 - multitude of creditors paid 13 7/10 of their claims. Closed 18 May 1850.
621-634 - EPPERLY, GARBER, STITELY, BOSTIAN, DORSEY, KLING - Aug 1849
John EPPERLY & Others vs Josiah STITELY & Others John EPPERLY d/ abt 1 Oct 1824 (Will 13 Nov 1818, signed as Johannes EBIRELEY) widow - Susanna (d/ Jan 1849 intestate) s/ John EPPERLY (Jr) s/ Jacob EPPERLY d/ Lydia (Epperly), now dec'd w/o Adam GARBER ..........Elizabeth (Garber) w/o Isaac BOSTIAN ..........Julian (Garber) w/o Clagett W. DORSEY d/ Elizabeth EPPERLY, now w/o Samuel STITELY d/ Mary Ann EPPERLY, now dec'd w/o George STITELY ..........Josiah STITELY, a minor ..........Basil STITELY, a minor ..........William H. STITELY, a minor ..........Ann M. A. STITELY, a minor d/ Susannah EPPERLY (born Feb 1824) John EPPERLY wrote a will but did not name an executor. Witnesses: George FOX, John PELAN and Worthier? HOGNEL. When he died, there was a pending sale of real estate to Benjamin TAYLOR which wasn't paid off and Susannah resold only a portion of it. Susanna EPPERLY purchased additional land after her husband's death. Lydia and Mary Ann died between the time their father died and before their mother died. Land - "Whiskey Spring", 6+ acres, to Susannah EPPERLY from Abraham ENGLE and w/ Tacey in 1837. Guardian was Francis Dominick TOUNEY/TORMEY, esq. Testimony was heard from David KLING who had known the parties since they were children. Trustee was Jacob EBERLY with Peter BOND and Denton HAMMOND as sureties. Sale was made at the second public sale to Samuel STITELY at $650.12. Distribution of $472.76: each 1/6 share, $78.79. The shares of the minor children were placed in savings until they become of age. Closed 24 May 1850.
634-637 - DELAUTER, ZENTMYER - Nov 1849
Jacob ZENTMYER Jr, trustee for Estate of Henry DELAUTER 2nd Distribution of $314.91 on 25 Sep 1847 - paid creditors 16% of their claims. 3rd Distribution of $250.70 on 23 Nov 1849 - paid creditors 3% of their claims.
637-654 - GARROTT, BOTELER, McCUBBIN, MOORE, McDUELL, SMITH - Feb 1849
Barton GARROTT & John P. GARROTT vs Edward GARROTT & Others Sarah GARROTT d/ Nov 1848 intestate ..... (w/o Erasmus GARROTT, Will written 17 Oct 1832) sis/ _______ GARROTT, dec'd ..........Barton GARROTT ..........John P. GARROTT bro/ Edward GARROTT - Washinngton County, MD sis/ _________ BOTELER, dec'd ..........Thomas BOTELER - Washinngton County, MD ..........Mary Ann MOORE - Washinngton County, MD ..........Barton BOTELER - Washinngton County, MD bro/ ________ GARROTT, dec'd ..........William GARROTT - Baltimore, MD ..........Maria (Garrott) w/o Alpheus McCUBBIN - Williamsburg, MO Land - "Peria Land", 26+ acres, from Richard JOHNSON of W. in 1837 which includes use of spring in Johnson's field; lies west of Ridge Road leading from Frederick Town to Harpers Ferry and adjoins "Maryland". - Undivided 1/5 parts of "Merryland", Lot #14 and 15; and "Fieldera Manor" (all devised to Sarah from her father, Barton GARROTT, dec'd); to John Philpott GARROTT from Erasmus & Sarah GARROTT in 1814. - "Merryland", Lot #31; "Paynes Delight"; "Hawkins ____ Peep of Day"; to Sarah from John P. GARROTT and w/ Martha E. in 1844. - parts of "Merryland", Lot #14 and 15, to Edward GARROTT of Washington Co, MD from Erasmus & Sarah GARROTT in 1814. Trustee was Edward GARROTT of Washington Co, MD with sureties Samuel CLAGETT, Horatio CLAGETT, John D. GARROTT and Henry McDUELL. On 12 Feb 1850, sale was held with high bidders as - Robert McDUELL for "Resurvey on Merryland", Div #1 at $55/acre - Willliam GARROTT for "Resurvey on Merryland", 72 acres, adjoining lands of William GARROTT & James GEDDINGS; and the adjoining "Grimes Grips", 80 acres; at $15/acre (public sale failed, so was sold at private sale). (Since the sale, William GARROTT's land, known as "Long Fields" and Lot #3 were surveyed and found to contain 79.3.39 acres) - William GARROTT for Lot #1 in Knoxville at $360 on 31 May 1849; he, being an heir of Sarah GARROTT, purchased said property for Eliza A. GELBERT. - William SMITH for Lot #2 in Knoxville, 1/2 acre, at $400. The latter two sales were private after several failed public sales. Total sales, $17,134.73. On 1 Apr 1850, further sales were made to - Barton GARROTT for "Resurvey on Grimes Delight", 69+ acres of mountain land at $348.19. Distribution after costs, $16,679.51 - each 1/4 share to siblings, $4,169.87. Closed 18 Jun 1850.
654-657 - KING, BELT, DUVALL - Apr 1849
Estate of Thomas R. KING (See previous record, WBT-2, 334-341) Alfred BELT and Lloyd T. DUVALL, trustees, sold at private sale the remaining 120 acres to Lloyd C. BELT at $1,840.50. Rents and interest were also received and court costs paid, leaving a balance of $348.10 to distribute to Sarah A. KING as provided by deed of trust. Closed 15 Jul 1850.
658-667 - FOX, BROWN, BUHRMAN, BOORMAN, WINTER, BONN? - Feb 1850
John FOX & Others vs Philip FOX & Others George FOX d/ 10 Mar 1848 intestate s/ John FOX s/ George P. FOX s/ Jacob FOX d/ Susan FOX d/ Elizabeth (Fox) w/o William B. BROWN d/ Catharine (Fox) w/o Jacob BUHRMAN s/ Philip FOX - Ohio d/ Maria (Fox) w/o Abraham BURHMAN/BOORMAN - Ohio Land - "Fox's Habitation", 280 acres, (except for 43 acres sold to George P. FOX), by special warrant of resurvey to George FOX Sr in 1832 and now at 260 acres; contained "Resurvey on Asp Hill", 160 acres (previously granted to Henry FERN), "Additions Enlarged", 66 acres (previously to George RIGHDER), "Stoney Island", 50 acres (previously to Christian PERRIER). Trustee was George P. FOX with sureties as John BUSSARD and William B. BROWN. On 27 Mar 1850, sales went to - William B. BONN? for Lot #1, 85+ acres of mountain land at $ 2,465 - Thomas A. BROWN for Lot #2, 50+ acres at $1,032.99 - Joseph WINTER for Lot #3, 25+ acres at $379.85 - David BURHMAN for Lot #4, 22+ acres at $774.22 - Jacob WINTER for Lot #6, 13+ acres at $327.93 - John BROWN for Lot #5, 12+ acres at $311.24 Total sales and interest collected, $5,292.13. Distribution after court costs, $5,020.93 - each 1/8 share, $627.61. Closed 19 Aug 1850.
667-670 - RUTHERFORD, NIXDORFF, BISHOP, EICHELBERGER - 1846
Charles RUTHERFORD, Ann M. RUTHERFORD & Others vs George RUTHERFORD & Others (see WBT-1, 598 and WBT-2, 86 and 485) Henry NIXDORF and Grayson EICHELBERGER petitioned the court regarding the sale of the real estate of the late Benjamin RUTHERFORD. Trustees for the Rutherford estate were Edward SHRIVER and Charles RUTHERFORD. In 1846, they sold a 47+ acre mountain lot, "Fieldera", to Mark BISHOP who, after making two of the three payments, died on 19 May 1850 leaving a will and naming Grayson EICHELBERGER as his executor who then sold said mountain land to Henry NIXDORFF. However, Eichelberger cannot provide Nixdorff with a good deed because the property was never conveyed to Bishop and Charles RUTHERFORD, one of the trustees for Benj. Rutherford has recently died. Requested a deed from Shriver to Nixdorf for said land. Court approved. Closed 27 Aug 1846.
670-682 - CRUM, CRUMBAUGH, CREAGER - Jan 1849
George ZIMMERMAN vs Gideon D. CRUMBAUGH & Others Henry CRUM d/ Jun 1847 (Will 10 May 1847; 8 Jun 1847) widow - Sarah and 8 children s/ Adam CRUM s/ John W. CRUM d/ Susan CRUM (bad health) d/ Margaret CRUM d/ Catharine CRUM s/ Solomon CRUM d/ Eve CRUM, a minor s/ Simon CRUM, a minor Exec/ Gideon D. CRUMBAUGH Witnesses: George ZIMMERMAN, Jacob DUDROW, John BURRIER Land - 56 acres, adjoins lands of Jacob DUDROW, Jacob BURRIER Sr. Guardian was Solomon CREAGER who also testified. Trustee was Gideon D. CRUMBAUGH with sureties as Isaac WALKER and Christian WINEBRUNER. On 26 Dec 1849, public sale was held on the premises and high bidder was John W. CRUM at $370.05. Partial payments were made to creditors, sale being less than total of debts. Closed 17 Sep 1850.
682-690 - McPHERSON, HAMMOND, MARRIOTT, BANTZ, GETZENDANNER, KOONTZ - Feb 1849
Gideon BANTZ Sr, creditor of John McPHERSON of William - Petition On 17 Feb 1845, John McPHERSON of William executed a deed of trust to Charles S. HAMMOND, who is now deceased and leaves only his sister, Adelia (Hammond) w/o Alpheus W. MARRIOTT. Request for trustee to carry out duties for deed of trust. McPhersom was indebted assecurity for Col. John McPHERSON and Dr. William S. McPHERSON Land - (from the Will of Col. John McPHERSON) - tract near Frederick Town (from William PATTERSON), then occupied by Jacob GETZENDANNER, devised to Dr. William S. McPHERSON for the rents to benefit and support of his brother, James S. McPHERSON. - "Cary's Mountain Tract", 150 acres, devised to John McPHERSON, the eldest s/o William S. McPHERSON. Trustee was Gideon BANTZ; sale was held on 1 Oct 1849 at Ezra SHANK's tavern in Frederick. Sales for John McPHERSON of Wm.'s interest went to: - Godfrey KOONTZ for the home place, 158 acres, at $3,710 - Godfrey KOONTZ for the mountain tract at $598. On 14 Mar 1843, Bantz sold John McPHERSON of Wm.'s personal property at $2,346.52. Godfrey KOONTZ petitioned the court because The Farmers Bank of Maryland filed a bill to vacate the said deed. The sales were declared void and distribution was only made on the personal property which was distributed to creditors. Closed 23 May 1850.
691-691 - HYATT, WOLF, DAVIS, LYDAY - Sep 1851
Lewis WOLFE, Ezra DAVIS & Others vs Henry LYDAY Estate of Ezra HYATT with Grayson EICHELBERGER and W. B. LUCKETT, trustees 2nd Distribution after costs, $1,219.97; creditors paid; - Eli WOLF, adm/of Lavinia WOLF, $299.46 - Henry LYDAY, assignee of Ezra DAVIS of the heirs of Betsey DAVIS, $733.11
691-693 - ROUTZONG, COBLENTZ - Jan 1851
George L. ROUTZONG with Henry COBLENTZ as trustee 2nd Distribution after costs, $4,035.78 Creditors were paid 30% of their claims.
694-694 - COBLENTZ, NORRIS - Jan 1851
Basil NORRIS vs Henry COBLENTZ & others 2nd Distribution - Auditors report was ratified, but no distribution was shown.
694-703 - ZIMMERMAN, O'BRIAN, CREAGER, BURRIER, CRUM, DINTERMAN - Jul 1850
William H. ZIMMERMAN & others - Petition George ZIMMERMAN d/ 4 Feb 1850 intestate widow - Rozanna and 8 children s/ William H. ZIMMERMAN (age 25) d/ Mary Ann (age 23) w/o William O'BRIAN s/ Isaiah/Joshua Wesley ZIMMERMAN (age 22) s/ George A. ZIMMERMAN, a minor (age 20) s/ Jacob M. ZIMMERMAN, a minor (age 17) d/ Minerva ZIMMERMAN, a minor (age 15) d/ Barbara Ellen ZIMMERMAN, a minor (age 13) s/ Theodore Calvin ZIMMERMAN, a minor (age 11) Guardian was Daniel BURRIER. On 14 Nov 1850, testimony was heard at Solomon CREAGER's and testimony was given by him as he had known them for 20 years or more and gave their ages and names. Trustee was Gideon D. CRUMBAUGH; the widow released her dower rights in the two separated tracts, but maintained her dower in the home place. On 1 Feb 1851, public sale was held with high bidders as: - George DINTERMAN for 67 acres at $1,340 - Solomon CRUM for 24 acres at $380 The remainder of the property wasn't offered as the dwelling house had 'taken' fire. On 25 Feb 1851, sale was held for the home place of 156 acres which went to Rozanna ZIMMERMAN at $4,212. Total sales, $5,932. 1st Distribution after costs, $4,692.42 - the widow, 1/10 of two sub tracts, $172 - each 1/8 share to children, $558.80. Closed 26 Jun 1851. ================== The End of WBT-3 ==================


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