Will of Mary E. (Fogle) Albaugh
John F. Yinger, David Elias Yinger, Executors
Liber SDT #1 Folio 419, May 25, 1914
FHC Film #1299257

I, Mary E. Albaugh, widow of Elias V. Albaugh, late of Frederick County deceased, being of sound mind, disposing mind, memory and understanding do make this my last Will and Testament, hereby revoking all other wills by me heretofore made.

After my debts and funeral expenses are paid, I give, devise, and bequeath as follows:

First, I give and devise unto my grandson David Elias Yinger, son of my deceased daughter, Sarah E. (wife of John F. Yinger, of Frederick, Maryland), all my real estate, consisting of a farm located in Frederick county, aforesaid, containing about one hundred and fifty two acres of land, more or less, and also two wood lots in said county, containing together about twenty-six acres of land, more or less in fee Reformed for title to which may be had as follows: Deed from Jeremiah W. Albaugh et. al to Elias V. and Mary E. Albaugh, dated March 26, 1879, and recorded in Liber TG No. 11, folio 235, and deed from same to same, dated October 5, 1878, recorded in T.G. No. 10, 452 and to the last will of Elias V. Albaugh, recorded in office of the Register of Wills of Frederick County, and to deed recorded J.L.J. No. 5, 342.

Second - I give and bequeath to John M. Smith, of said county, who now resides with me, and rents the farm, the sum of Three Hundred Dollars.

Third - I give and bequeath to Avie C. Smith, wife of John M. Smith, the sum of Three Hundred Dollars.

Fourth - I give and bequeath unto John F. Yinger, surviving husband of my deceased daughter, Sarah E. Yinger, the sum of Two Hundred Dollars.

Fifth - To Martha A. Albaugh, widow, of my deceased son William H. Albaugh, I give the sum of Two Hundred Dollars provided that of the said Martha A. Albaugh shall not be satisfied with this bequest and should contest this my will, or cause my trouble in regard its validity, then she shall have no share in my estate whatsoever and the said sum of two hundred dollars shall fall into the residence of my estate, and pass as hereinafter directed.

Sixth - I give and bequeath to Mt Olive Cemetery, a body corporate, the sum of twenty dollars in trust that the said body corporate will apply the funeral interest therefrom to keeping in order the family lot in said cemetery, wherein are buried my husband, Elias V. Albaugh and my son William H. Albaugh, and where I also expect to be buried. An I ask my executors to see that the said income is duly applied to the purpose specified.

Seventh - All the rest and residue of my estate, wherever situated, both real and personal I give, devise, and bequeath to my grandson, a love named, David Elias Yinger, absolutely.

Justly, I do hereby constitute and appoint my son in law, John F. Yinger and my grandson, David Elias Yinger to be the executors of this, my last Will and Testament, to serve without bond.

Witness my hand and seal this 12^th day of April in the year 1906.

                                                                               Mary E. Albaugh (seal)

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

                                                                                 M. E. Doll                                                                                  C. C. Ausherman                                                                                  Glenn H. Worthington

Maryland, Frederick County, towit:
         On this 25 day of May 1914, came David E. Yinger and made oath in due form of law that the aforegoing instrument of writing is the true whole Will and Testament of Mary E. Albaugh late of Frederick County, deceased, that has come to his hands and possession; that he received the same from the Register of Wills Office where it was left by the Testatrix for safe keeping, and that he does not know of any other of a later date; That said Mary E. Albaugh, died, on or about 18^th May, 1914.

                                                                                   Test:  Samuel D. Thomas                                                                                    Register of Wills for Frederick County

State of Maryland, Frederick County, towit:
         On the 25^th day of May, 1914, same Glenn H. Worthington, one of the subscribing witnesses to the aforegoing last will and testament of Mary E. Albaugh, late of Frederick County, deceased, and made oath in due form of law that he did see Mary E. Albaugh, the testatrix therein named, signed and seal this Will; that he heard her publish, pronounce and declare the same to be her last Will and Testament; that at the time of her ***ding she was, to the best of his reprehension, of sound and disposing mind, memory and understanding, and capable of executing a valid deed or contract, and that he subscribed his name as Witness to said Will, in the presence of and at the request of the Testatrix and that he did also see M. E. Doll, dec'd. and C. C. Ausherman who is outside of the jurisdiction of the Court, the other subscribing Witness sign their name as Witness to said Will, at the request of the Testatrix, in her presence, and all in the presence of each other, and that he is acquainted with and knows the handwriting of M. E. Doll, deceased, and C. C. Ausherman who resides in Florida, and that their names are in their own handwriting

                                                                                     Test:  Samuel D. Thomas                                                                                Register of Wills for Frederick County

In the Orphans' Court of Frederick County
         The Court, after hearing carefully, examined the above last Will and Testament of Mary E. Albaugh, deceased, and also the evidence adduced us to its validity, Orders and Decrees, this 25^th day of May, A.D. 1914, that the same be admitted to probate in this Court as the true and genuine last Will and Testament of the said Mary E. Albaugh, deceased.