Ann Catherine Castle Albaugh

Will of Ann Catherine (Castle) Albaugh                                                                               
Charles A. Castle, Executor                                                                                                    
Liber WBC #1, Folio 188, November 20, 1905                                                                 
FHC Film #1299256

Know all men by these presents, that I Ann Catherine Albaugh, of Burkittsville in the county of Frederick, State of Maryland, being in moderately good health and of sound disposing mind and memory, do make, publish and declare this my last Will and Testament, hereby revoking all former wills by me any time here made.

I hereby authorize, empower and direct any executor hereinafter named to sell at either public or private sale all my estate and property, real, personal and mixed, of which I shall die seized and possessed, or to which I shall be entitled at the time of my decease, the proceeds of which said sale I will and bequeath in the manner following, to-wit:

2ND . My will is, and I hereby direct my executor hereinafter named to pay all my just debts and funeral expenses out of my estate as soon after my decease as shall by him be found convenient.

3rd I give, and bequeath unto the Burkittsville Cemetery Company of Frederick County, MD, in which cemetery lie the bodies of my deceased husband and child and in which I hope to be buried, the sum of five dollars, in trust for the purposes hereinafter set forth.

4th I give, devise and bequeath unto the Council of the Evangelical Lutheran Church "Zion" of Middleton, Maryland, in the cemetery of which Church lie the bodies of my deceased father, mother, three sisters, and brother the sum of twenty five dollars in trust for the purposes hereinafter set forth.

5th I give, devise and bequeath unto the Council of the Lutheran Congregation of St. Paul's of Jefferson, Maryland, in the cemetery of which church, lie the bodies of Jacob Flook and his wife, (who was my sister) and their family the sum of twenty five dollars, in trust for the purposes hereinafter set forth. The said respective sums mentioned in items 3, 4, and 5, 6 be invested in some safe and productive fund by said respective Company and Councils therein named and having charge of said cemeteries, and the interest thereon, I direct shall be spent annually by said Company and Councils respectively, to keep in repair the graves and tombstones of the parties named buried therein, the principal sums not to be spent nor in any way diminished.

6th Whereas certain persons having paid money on Sheriff and Constable bonds for my deceased husband, Singleton Albaugh, and feeling it my duty and privilege to recompense them to the amount hereinafter named, I give, devise and bequeath the sum of Five Hundred Dollars ($500.00) for such purpose to be distributed in the names following:

    1. I give, devise and bequeath unto the children of George T. Whipp deceased who was a surety on his Sheriffs' bond, and their heirs forever, the sum of Two hundred dollars and twenty four cents to be distributed among the children of the said George T. Whipp, share and share alike, the heirs of any deceased child to take per stirpes*
    2. I give devise and bequeath unto Henry M. Wiener a son of Michael Wiener deceased, who was a surety on his Sheriff's bond the sum of Two hundred dollars and twenty four cents, to be paid to the said Henry M. Wiener if living at the time of my death, and if not, then to be divided among his children equally, the heirs of any deceased child to take per stirpes
    3. I give, devise and bequeath unto Milton B. Slifer son of Emanuel Slifer deceased, who was surety on his constable bond the sum of forty nine dollars and seventy six cents, and if the said Milton B. Slifer should die before my decease then I will said sum to his heirs forever per stirpes.
    4. I give, devise and bequeath unto the wife and children of Charles E. Slifer a son of said Emanuel Slifer deceased, the sum of forty nine dollars and seventy six cents to be distributed among said wife and children equally, share and share alike.
    5. I do not mention Thomas J. Maught, who was one of the sureties on his
    6. constable bond, as both he and his wife are dead, having died childless.

7th All the rest and residue of my estate, real, personal and mixed of which I shall die seized and possessed into which I shall be entitled at my decease, I give, devise and bequeath unto my nephews and nieces and their heirs forever, do be divided equally between them share and share alike, the heir or heirs of any deceased nephew or niece to take per stirpes.

8th And lastly I do nominate and appoint Milton B. Slifer to be the executor of this my last Will and Testament.

In testimony whereof I have hereunto subscribed my name and affixed my seal this 18th day of March, in the year A.D. nineteen hundred and three.

                                                                Ann Catharine Albaugh (seal)

Signed, sealed, published and declared by the above named testatrix, Ann Catharine Albaugh, as and for her last Will and Testament in the presence of us, who, at her request, in her presence, and the presence of each other, have hereunto subscribed our names as witnesses.

Daniel D. Zecher                                                                  
W. Scott Kefauer*

Codicil:

This is the first codicil to the last will and testament of me, Ann Catharine Albaugh of Burkittsville, in the County of Frederick, State of Maryland, which is dated the 18th day of March in the year A.D. nineteen hundred and three.

Whereas Milton B. Slifer of said Frederick County was in my said Will nominated and appointed the Executor thereof, and which said nomination and appointed as executor in said will, I now desire to revoke, and to nominate and appoint Charles A. Castle, of said Frederick County, in the place of the said Milton B. Slifer as herein - after expressed. Now therefore, it is my will that Charles A. Castle, of said Frederick County, shall be substituted in the place of the said Milton B. Slifer as Executor of my said last will and testament with the same privies and authority as though he had been originally named as my executor therein, and the appointment of the said Milton B. Slifer as Executor as aforesaid by and the same is hereby revoked. In all other aspects I confirm my aforesaid will.

In testimony whereof I have hereunto subscribed my name and affixed my seal this 18th day of February, in the year nineteen hundred and five.

                                                           Ann Catharine Albaugh (seal)

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

                   
                    Daniel D. Zecher
                    W. Scott Kefauer*

Maryland, Frederick County, to wit:                                                                                                                             
On this 17th day of November 1905, came Charles A. Castle, and made oath in due form of law, that this aforegoing instrument of writing is the true whole will and testament and codicil of Ann Catharine Albaugh, late of Frederick County, deceased that has come to his hands and possession; that he received the same from the testatrix for safe keeping, and that he does not know of any other of a later date.                                                                                                                                                         

                                                                                      Test:   Wm. B. Cutshall                                                                               Register of Wills for Frederick County

State of Maryland, Frederick County, to wit:                                                                                                                
On the 20th day of November 1905; came W. Scott Kefauer and Daniel D. Zecher the subscribing witnesses to the aforegoing last will and testament and Codicil of Ann Catharine Albaugh late of Frederick County, deceased and made oath in due form of law, that they did see Ann Catharine Albaugh the testatrix therein named, sign and seal this Will and Codicil; that they heard her publish, pronounce and declare the same to be her last Will and Testament and Codicil; at the time of her so doing she was, to the best of their apprehension, of sound and disposing mind, memory and understanding, and capable of executing a valid deed or contract and that they respectively subscribed their names as witnesses to said Will and Codicil in the presence of and at the request of the testatrix and that they did also see each the other subscribing witness sign his name as witness to said will and codicil at the request of the testatrix in her presence, and all in the presence of each other.                   

                                                                               Test:   Wm. B. Cutshall                                                                                                                                           Register of Wills for Frederick County

In the Orphans Court of Frederick County:                                                                                                               
The court after having carefully examined the above last Will and Testament of Ann Catharine Albaugh, late of Frederick County, deceased, together made the Codicil thereunto attached, and also the evidence adduced as to its validity, orders and decrees, this twentieth day of November A.D. 1905, that the same be admitted to probate in the Court as the true and genuine last Will and Testament and Codicil of the said Ann Catharine Albaugh deceased.

Russell E. Lighter } Judges of                                                                 
Jacob M. Birely    }      the                                                                         
Wm. H. Pearre    } Orphans Court

Back