Last Will and Testament of Christopher Michael

Written 15 April 1840
Christopher died 8 March 1846

In the name of God Amen I Christopher Michael of Frederick County and state of Maryland being in reasonable health of body, and 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 should 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 preferably 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 executors hereinafter to be named and after my debts and funeral charges are paid I devise bequeath as follows:

Item first I give and bequeath to my beloved wife Catherine the sum of three thousand dollars to be and remain in the hands of my three executors hereinafter named, each of said executors to hold one thousand dollars of said sum of three thousand dollars, and the executor so holding said sum of one thousand dollars shall be accountable for said sum of one thousand dollars and no more, and each excecutor shall pay interest on his separate sum of one thousand dollars annually "(or if required by my wife aforesaid sooner or during the year the said interests are accruing) to my beloved wife Catherine:--And I further give and bequeath to my wife aforesaid all such furniture as my beloved wife aforesaid may think necessary for her comfort and convenience; for this purpose she shall have a full and ample right to select and choose before any of my furniture is sold. The foregoing gifts and bequests shall be in full and in lieu of dower to my wife aforesaid.

Item 2nd I give and bequeath to my daughter Mary Ann Esther the sum of three hundred dollars, two hundred dollars of said sum of $300 I give her for the purpose of purchasing furniture if she sees proper to do so, and the other sum of one hundred dollars in consideration for her faithful services now rendering me, which said sum of 300 dollars to be paid to her as soon as anything or money is realized after my decease, and no account shall be taken of said 300 dollars it being considered by me a special legacy to my daughter aforesaid. My daughter aforesaid shall also take and hold the property now owned and claimed by her on or about my premises, free of charge.

And whereas, I have and hold several slaves, and as I am desirous to limit their time of slavery and thus free them from perpetual bondage, do therefore make the following provisions for them respectively, viz. William Edward Jones I give to my son John Frederick; which said William was born on the 11th July 1829, to serve until the 11th day of July one thousand eight hundred and fifty seven, after which 11th day of July 1857 said William Edward Jones shall be free and manumitted from slavery forever.

My slaves Geo Washington Jones, born on the 21st day of February 1831, and Amanda Jones born the 23rd day of September 1833. I give and bequeath to my daughter Susan / married to a certain John Nyrich [sp. Nykirk or Nikirk] / said Geo Washington Jones to serve my daughter Susan aforesaid until the 21st day of February eighteen hundred and fifty nine, and the said Amanda Jones to serve my daughter Susan aforesaid until the 23rd day of September one thousand and eight hundred and sixty one, after which several limited periods of servitude, the said Geo Washington and Amanda Jones shall be free and manumitted from slavery forever; and further should the said Amanda Jones have any issue during the time of her servitude, such issue or children shall become free when they arrive respectively at the age of twenty one years. My slaves Sarah Jane Jones born the 6th day of January 1835 and Daniel Francis Jones born the 21st day of June 1836 I give and bequeath to my daughter Lucinda married to a certain Samuel H. Bowlus, said Sarah Jane Jones to serve my daughter Lucinda aforesaid until the 6th day of January eighteen hundred and sixty three, and Daniel Francis Jones until the 21st day of June one thousand eight hundred and sixty four, after which several terms of servitude the said Sarah Jane Jones and Daniel Francis Jones shall forever thereafter be free and manumitted from all slavery whatever, and further, should the said Sarah Jane Jones have any issue or children before the said 6th day of January 1863 such issue or children shall be freed and manumitted from slavery after they arrive respectively to the age of twenty one years.

My slaves Caroline Elizabeth Jones, born the 1st day of January 1838 and Jacob Hamilton Jones, born February the 21st 1840 I give and bequeath to my daughter Mary Ann Esther. Said Caroline Elizabeth Jones to serve until the 1st day of January 1866 and said Jacob Hamilton Jones to serve until the twenty first day of February 1868, after which limited and separate periods of servitude the said Caroline Elizabeth Jones and Jacob Hamilton Jones shall be forever freed and manumitted from slavery, and should the said Caroline Elizabeth Jones have any children during the term of her servitude then such children or issue shall be freed and manumitted when they arrive respectively at the age of twenty one years. And I hereby manumit, set free and discharge from slavery, my slave or negro woman Rachel Jones, at the time of my decease in condition, that the said Rachel will raise and bring up John Thomas and Ann Maria her two last born children, which John Thomas and Ann Maria shall serve her the said Rachel Jones, their mother, till they arrive respectively to the age of twenty one years, from thence forth the said John Thomas and Ann Maria and their children or issue, whether born during or after their servitude shall be free and manumitted forever from slavery.

And whereas my old servant David, who served me most faithfully and is now unable to gain a livelihood, I do therefore hereby particularly injoin, that the children to whom I have divided my slaves shall furnish him a comfortable and ample support during his life. They the said children shall mutually and proportionally contribute for his support and comfort and in case one or more should refuse to contribute as here directed, then shall he, she or they whoever may support him recover by law in action instituted for such purposes in the support of him the said David.

And whereas I am in possession of considerable real estate in this state of Maryland, and also some lying and being in the state of Ohio I do hereby order and direct, that all my real estate no matter where located be sold either at public or private sale as my executors may think it best; provide the same be sold within three years after my decease; and my real estate so sold shall be conveyed by my executors hereinafter named or the survivor or the survivors of them to the purchasers conveying the same by deeds in fee simple. No conveyance however shall be made till the whole of the purchase money is paid by the purchaser respectively made; that is to say; when any one purchaser has paid in full to him shall forthwith a conveyance be made. I also direct that my personal estate not disposed of above be sold at public sale as soon after my decease as possible.

And whereas I hold various notes or obligations for current money heretofore loaned to several of my sons in law, viz. two several notes against my son in law Elias Lowe amounting to the sum of nine hundred and twenty seven dollars and thirty nine cents; two several notes against my son in law Perry Darby amounting in the aggregate to the sum of seven hundred and eighty seven dollars and against my son in law John Poffenberger one note of four hundred dollars with which final amounts above named, the parties against whom the [stand] shall be charged and the respective amounts deducted from the amounts coming to them by reason of their having married daughters of mine. It is my will however that the principal shall only be charged and that no interest shall be required;--and whereas I also hold and have against my son in law Levi Parsons one note or obligation for four hundred dollars, and also a book account of one hundred and fifty dollars, which sum of 550 dollars shall be considered as a gift to my daughter, Maria, and said note for 400 dollars nor book account shall not be for against said Levi Parsons, nor demanded.

And I further direct that my executors hereinafter named, shall have and hold the sum of two thousand four hundred dollars during the natural lifetime of my said daughter Maria, the legal interest of which sum of 2400 dollars shall be annually paid to her my said daughter Maria: each of my executors shall hold the sum of eight hundred dollars of the aforementioned sum of 2400, and said executors shall only be accountable or responsible for the sum by him separately and respectively held, and as here directed. Should however my daughter Maria have a child or children, then shall my said daughter Maria have an equal portion with my other children. Should however such child or children depart this life before final distribution is made of my estate, then the said sum of two thousand and four hundred dollars or whatnot be paid over at the time of the deaths of such child or children shall remain in the hands of my executors as aforesaid and the interest paid as already provided; and I further direct that after the death of my daughter Maria the said sum of 2400 dollars shall be divided amongst my heirs at law.

And I further direct that the balance of my estate real and personal shall be equally divided amongst my children here especially named, viz. my son John Frederick, my daughters Sarah, Elizabeth, Rebecca, Ann Catherine, Susan, Mary Ann Esther, and Lucinda. And I wish it distinctly understood that those of my sons in law to whom I have loaned money as mentioned in the foregoing part of this will, and which monies so loaned shall be considered as advances made to them shall receive any portion shall receive any portion of the first distributions made for my estate; being desirous that those who have not yet received any portion of my estate shall receive first., with view that the most perfect and equal distribution shall be made (taking into consideration that the notes or advances mentioned above) among the said John Frederick, Sarah, Elizabeth, Rebecca, Ann Catherine, Susan, Mary Ann Esther, and Lucinda in equal portions share and share alike.

And whereas that no misconstruction in regard to the disposition of my slaves may take place, I wish it to be distinctly understood that thou to whom I have given the said slaves during their term of servitude shall not pay anything for said slaves except what they shall contribute to the support of my servant David; and that I consider the faithful raising and keeping of the said slaves as much as they will be worth until their term of servitude expires.

And lastly I do hereby constitute and appoint my son John Frederick Michael and my sons in law David Schindler and Samuel H. Bowlus to be my executors of this my last will and testament, revoking and annulling 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 fifteenth day of April eighteen hundred and forty [15 April 1840] signed, sealed, and published and declared by Christopher Michael.

Christopher Michael 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 hereunto subscribed our names as witness thereto.

Mahlon Harley
Daniel Brown
G. Bowlus

State of Maryland Frederick County to wit

Test Thomas Sappington Req'r.