Will of Daniel Albaugh
Ephraim Albaugh, Executor
Liber TS #1, Folio 155, October 20, 1851
FHC Film # 14024

In the name of God Amen. I Daniel Albaugh of Frederick County in the State of Maryland being sick and weak body but of sound and disposing mind memory and understanding considering the certainty of death, and the uncertainty of the time thereof, and being desirous to settle my worldly affairs and thereby be the better prepared to leave this world when it shall please God to call me hence do therefore make and publish this my last will and testament in manner and form following that is to say First and principally, I commit my soul into the hands of Almighty God and my body to the earth to be decently buried at the discretion of my Executor hereinafter named and after my debts and funeral charges are paid I devise and bequeath as follows

I order that as soon after my decease as convenient that my executor make sale of all my personal property and also that within one year after my decease he make sale of my real property and the following disposition to be made of the proceeds arising from said sales.

First I devise unto Mary Jane Ives, my granddaughter who resides with me a certain bed, bedstead and bedding that I heretofore gave and also a certain trunk with its contents

2ND I devise and bequeath that all the balance of the proceeds of the said sales be divided among all my children or their survivors, equally share and share alike after their several notes and accounts have been deducted from their respective shares, I wish my executor to charge interest from the date of each separate note upon each ones respective share and I wish my executor to exact the payment of a certain account charged against my son David in as much as I made him more. These I consider a fair compensation for my board and the board of my grand child over and above those several articles charged in said account and as it is my full wish and intention to ** my children equal and alike in their respective shares it is my wish that my executor procure for me a pair of tombstones coresponding with those of my wife's out the proceeds of the sales. The share coming to my daughter Sarah Ann who has intermaried with a certain John Ives I bequeath unto her **** and her children all of the said portion, he the said John Ives to have no control or ownership of ***** the said legacy.

And lastly I do hereby constitute and appoint my son Ephraim Albaugh sole Executor of this my last will and testament revoking and annuling all former wills by me heretofore made, ratifying and confirming this and none other to be my last will and testament.

In testimony whereof I have hereunto set my hand and affixed my seal this 6^th day of May in the year of our Lord one thousand eight hundred and fifty one

                                                                                Daniel Albaugh (seal)

Signed, sealed, published and declared by Daniel Albaugh the above named Testator as and for his last will and testament in the presence of us who at his request in his presence and in the presence of each other have subscribed our names as witnesses thereto.

                                                                                  Gideon D. Crumbaugh,                                                                                   George W. Devilbiss,                                                                                   Philip Beard

Whereas I Daniel Albaugh of Frederick County have made and duly executed my last will and testament in writing bearing date on the 6^th day of May 1851 which said last will and testament and every clause bequest and devise therein contained, I do hereby ratify and confirm, saving and excepting such clauses bequests and devise herein mentioned as are by me hereinafter revoked and made void and being desirous to after such parts thereof and making additions thereto do therefore hereby make this my codicil which I will and direct shall be taken and held as a part of my said will and testament in manor and form following that is to say.

And whereas to my said will & test. I did give and devise daughter Sarah Ann who intermaried with a certain John Ives of Frederick County her full and equal proportion, now I do hereby revoke the said legacy as devised to her, and do give devise and bequeath the said legacy to her said husband he having the full power and control over the same, this alteration I have made, so as to enable my son David to recover from the said John, a certain amount of money he has been compelled to pay for him as security, and lastly I do hereby constitute and appoint my son Ephraim Albaugh sole Executor of my codicil as made this day and intended to be a part of my said last will and testament. In testimony whereof I have hereunto set my hand and seal this 13^th day of June in the year of our Lord one thousand eight hundred and fifty one.

                                                                                      Daniel Albaugh

Signed, sealed, published and declared by Daniel Albaugh the above named testator as and for a Codicil to his last will and testament in the presence of us who at his request in his presence and in the presence of each other have subscribed our names as witnesses thereto.

                                                                                        G.D. Crumbaugh,                                                                                         Philip Beard,                                                                                         Jacob Harmis

State of Maryland, Frederick County to wit:                                                                                                                                               On the 20^th day of October 1851 came Gideon D. Crumbaugh and made oath on the Holy Evangely of Almighty God that the foregoing instrument of writing is the true whole will and testament and codicil to the last will and testament of Daniel Albaugh late of Frederick County, deceased that has come to his hands and possession and that he does not know of any other.

                                                                                   Test: Thomas Sappington, Regr.                                       

State of Maryland Frederick County to wit:                                                                                                                                                       On the 20^th day of October 1851 came Gideon D. Crumbaugh, George W. Devilbiss and Philip Beard the subscribing witnesses to the aforegoing last will and testament of Daniel Albaugh late of Frederick County deceased and make oath on the Holy Evangely of Almighty God that they did see Daniel Albaugh the testator therein named sign and seal this will that they herd him publish pronounce and declare the same to be his last will and testament that at the time of his so doing he was to the best of their apprehension of sound and disposing mind memory and understanding and that they respectively subscribed their names as witnesses to said will at the request and in the presence of the testator and all in the presence of each other.

                                                                                    Test: Thomas Sappington, Regr.

State of Maryland Frederick County to wit:                                                                                                                                               On the 20^th day of October 1851 came Gideon D. Crumbaugh, Philip Beard and Jacob Harmis the subscribing witnesses to the foregoing codicil to the last will and testament of Daniel Albaugh late of Frederick County deceased and made oath on the Holy Evangely of Almighty God that they did see Daniel Albaugh the testator sign and seal this codicil that they herd him publish pronounce and declare the same to be a codicil to his last will and testament that at the time of his so doing he was to the best of their apprehension of sound and disposing mind memory and understanding and that they respectively subscribed their names as witnesses to said codicil at the request of the testator in his presence and all in the presence of each other.

                                                                                    Test: Thomas Sappington, Regr.

Frederick Co., Md. Administration Account. TS5:604,754. First account 14 Jul 1852, Second and Final account 18 Nov 1852. Ephraim Albaugh, exec. for Daniel Albaugh.