Last Will and Testament
FREDERICK STEMBELL (SR.)
September 17, 1838
In the name of God, Amen. I Frederick Stembell of Frederick County in the State of Maryland being in perfect health and sound mind, memory and understanding, considering the certainty of my death, and the uncertainty of the time thereof and being desirous to settle my worldly affairs, and be thereby better prepared to leave this world, when it shall please God to call me home, do thereby make and publish, this my last will and testament, in manner and form following.
To wit: First and principally, I commit my soul into the hands of the Almighty God, and my body to the earth to be discretely buried by my Executor herein after named, and after my debts and funeral charges are paid, I give and bequeath unto my son John Stembell the sum of Four hundred dollars current money as a special legacy to be paid by my Executor unto the said John Stembell or his heirs out of the first money that may come into his hands.
And I further order and direct that my Executor pay unto my coloured woman Sally the sum of forty dollars, so soon after my death as he shall have it in his person to do. And I hereby order and direct that all my coloured people viz: Frank, Sally, and Abraham be set free and manumitted, so soon as my Executor shall have disposed of my personal estate, as shall herein after directed, and I do hereby fully and clearly manumit and set free from slavery all the above Coloured persons.
And I hereby order and direct that my Executor dispose of all my personal property in as short a time after my death at Public Sale as the nature of the case will admit of, and upon such terms as he may think advantageous to my estate, and the proceeds thereof to be disposed as herein directed. And I hereby further order and direct that my Executor sell and dispose of all my real estate both in Town and Country, at public sale at any time within one year after my death, and upon such conditions as he and the Orphans Court of Frederick County may think of the most advantage to my estate, and when the said real estate is sold, and conditions thereof complied with, I hereby authorize and empower my Executor to convey all the ( ? ) ( ? ) by good and sufficient deeds of bargain and sale to the purchasers, in as full and ( ? ) manner as I could do, were I personally present.
And after the proceeds of the sale or sales shall have been collected, I hereby order and direct that the proceeds of all the real estate, all the personal estate, all the money that may be collected by my Executor on notes, bonds, and book accounts, as well as all moneys that may be in my possession at my death and all the advancements by me heretofore made to my children (which will herein be named) shall be added together, and the whole amount then equally divided amongst all my children or their heirs as herein after named share and share alike.
First in each case deducting the advancements as herein after charged and also such legacy as already bequeathed or as may be herein after bequeathed. The following are my six children or their legal heirs, to wit, Catherine Michael, Henry Stembell's heirs, Frederick Stembell's heirs, Elizabeth Leavy's heirs, John Stembell, and Mary Hoffman and her heirs.
I further order and direct that one tenth of the proportional share that may be due and coming to Catherine Michael upon a full settlement by the Orphans Court by my Executor, be paid by my said Executor unto Mary Keller, the wife of William C. Keller, and a daughter of said Catherine Michael.
The advancements above alluded to are as follows. To wit, to Christopher Michael husband of Catherine Michael, the sum of Nineteen hundred dollars, to Henry Stembell the sum of Four Thousand one hundred and forty nine dollars, to Frederick Stembell the sum of Three thousand two hundred and eighty dollars, to Elizabeth Leavy the sum of Eleven hundred dollars, to John Stembel the sum of Seven thousand and sixty dollars, and Jacob Hoffman the husband of Mary Hoffman the sum of Five thousand eight hundred and forty dollars.
Each advancement as above to be deducted from each respective share, and should any of the advancements made as above amount to more than said child's share in my Estate, I order and direct that the same be forgiven to said child and not charged by my Executor, and my Executor shall be released from making any demands upon such child for any balance that might be due my Estate.
And I particularly order and direct, that the proportional share that may appear due to my son Frederick upon my Executors final account being settled with the Orphans Court be paid over by my Executor to three children of said son Frederick viz: Jacob, Ann Elizabeth, and John N. Stembel, or their legal heirs and representatives.
And I further order and direct that the proportion that may appear due from my Estate as above to my son Henry Stembell, be paid by my Executor to the widow of my said son Henry, and her three children share and share alike, viz: to Elizabeth Protzman, Roger Stembell, and Caroline Smith.
And lastly I do hereby constitute and appoint Christopher Michael Sole Executor of this my last will and testament, hereby ratifying and confirming this and none other to be my last will and testament ( ? ) whereof I have hereunto set my hand and affirm my seal this 17th day of September, 1838.
Signed, sealed and acknowledged
by Frederick Stembell as his last
will and testament in our presence,
who at his request, in his presence
and in the presence of each other have
subscribed our names as witness thereto.
Michael Keller, James Cook, George Bear
The State of Maryland Frederick County to wit: on the 23rd day of Nov. 1840, came Christopher Michael, and made oath on the Holy Evangely of Almighty God, that the foregoing instrument of writing is the true whole Will and testament of Frederick Stembell late of Frederick County deceased, that hath come to his hands and possession and that he found the (same) in a drawer of the deceased sealed up, and that he does not know of any other.
Test. G. M. Eichelberger, Regr
State of Maryland Frederick County to wit: On the 23rd day of November, 1840, came Michael Keller, James Cook, and on the 27th came George Bear, certifying to the foregoing last will and testament of Frederick Stembell, late of Frederick County deceased. The two former made oath on the Holy Evangel of Almighty God, and the latter solemnly sincerely and truly affirmed and declared that they did see the Testator therein named sign and seal his will, that they heard 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 apprehensions of a sound and disposing mind, memory and understanding that they respectively subscribed their names as witnesses to this will in the presence and at the request of the Testator and all in the presence of each other.
Test. G. M. Eichelberger, Regr