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Garrett County Maryland
Wills and Probate Records


Ezekiel Totten
In the name of God, Amen:
I, Ezekiel Totten of Garrett County in the state of Maryland; being weak in health but of sound and disposing mind, memory and understanding, considering he certainty of death, and the uncertainty of the time thereof, and the uncertainty of all things connected with time; and being desirous to settle my worldly affairs, and thereby be the better prepared to leave this world, when it shall please God, the Father of all that mortal and immortal to call me home, to be no more on this earth.
I do therefore make and publish this my last will and testament in manner and form following, that is to say:
First, I give back my soul into the hands of Him who gave it and my body to be returned to its mother dust.
Second. After all my lawful debts and funeral expenses are paid, which latter are to be controlled and subject to the discretion of my executor hereinafter named, I direct that my executors hereinafter named shall sell all my property, real, personal and mixed, and the proceeds thereof to be distributed among my children equally, share and share, and the children of my children to take the share of their parent ___ ______, agreeably to the laws of decent and distribution in the state of Maryland.
Third. I direct that should any of my heirs as aforesaid, chose to take any part of my real estate in lieu of their distribution share, the same shall be laid off and partitioned by three disinterested appraisers, to be appointed by my said executors, if said partitions can be made without injury or loss to my estate, or to my other heirs; and upon said partition being made, I direct my executor to execute and deliver a deed for the same.
Fourth. I direct that where there are notes or bonds executed and given to me by any of my heirs, as aforesaid for money or anything else advanced to them during my life, the amount of such advanced shall be deducted from their respective distribution shares upon settlement with my executors, said amounts not to be chargeable with interest.
Fifth and lastly, I do hereby constitute and appoint my son William P. Totten, and son-in-law George W. Merrill to be my full and lawful executors of this my last will and testament and I do hereby ratify and confirm this to be my last will and testament.
In testimony whereof I have hereunto set my hand and affixed my solemn seal this first day of June 1875.
Ezekiel Totten
Signed, sealed, published and declared as and for his last will and testament, by the above named testator in the presence of us who at his request, in his presence and in the presence of each other, hereto subscribe our names as witnesses thereto.
Gilman S. Hamil
Wm. L Rawlings
Theodore Bush

State of Maryland, Garrett County to wit:
On the 22nd day of March A.D. 1881 came Gilman L. Hamil, Wm. L. Rawlings, and Theodore Bush, the three subscribing witnesses to the aforegoing last will and testament of Ezekiel Totten, late of Garrett County, deceased and made oath in due form of law that they did see Ezekiel Totten, the testator therein named sign and seal this 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 apprehension of sound and disposing mind, memory and understanding, capable of executing a valid deed or contract, and that they respectively subscribed their names as witnesses to said will in the presence of and at the request of the testator and also in the presence of each other.
Test W. H. Hagans, Register
State of Maryland, Garrett County to wit:
On the 28th day of March A.D. 1881 came W. P. Totten and made oath in due form of law, that the aforegoing instrument of writing is the true whole last will and testament of Ezekiel Totten, late of Garrett County deceased that has come to his hand and possession and that he does not know of any other.
Test W. H. Hagans, Register

State of Maryland
Garrett County to wit:
I. W. H. Hagans, Register of wills of said state in and for Garrett County, hereby certify that the aforegoing is a true copy of the last will and testament of Ezekiel Totten, late of Garrett County, deceased, as taken from Wills Liber a folio 1088c one of the record books of the Orphans Court of Garrett County.
In testimony whereof I hereunto subscribe my name and affix the seal of the Orphans Court of Garrett County this 13th day of June 1882.
W. H. Hagans
Register of Wills of Garrett County

State of Maryland
Garrett County to wit:
I, Isaac H. Kooken, Chief Judge of the Orphans Court in and for the county aforesaid and the same being a court of record and having a seal do hereby certify that W. H Hagans, is register of wills for the county aforesaid that the foregoing attestation of his as register is in due form of law, and by the proper officer and that all due faith and credit is and ought to be given to his attestation as register aforesaid.
In testimony whereof I hereunto set my hand and seal this 13th day of June 1882.
Isaac H. Kooken
Chief Judge of the Orphans Court of Garrett County, Md.

State of Maryland
Garrett County to wit:
I, W. H. Hagans, Register of Wills for Garrett County do hereby certify that Hon. Isaac H. Kooken, is chief judge of the Orphans Court of Garrett County aforesaid duly commissioned and qualified according to law.
In testimony whereof I hereunto subscribe my name and affix the seal of the Orphans Court of Garrett County this 13th day of June 1882.
W. H. Hagans
Register of Wills of Garrett County

State of West Virginia
Mineral County to wit:
Be it remembered that on this 11th day of August A.D. 1882. The aforegoing instrument of writing purporting to be a copy of the last will and testament of Ezekiel Totten, deceased, with the annexed probate certificate etc. was presented before the Clerk of the County Court of the aforesaid county and was admitted to record.
Teste W. T. Head, Clerk

Mineral County, West Virginia will book 1
[Transcribed for Genealogy Trails by Jo Chavers]



Hester A. Wilson
In the name of God, amen.
I, Hester A. Wilson of Garrett County and State of Maryland, being sick and weak in body but of sound mind 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 unto the hands of Almighty God and my body to the earth to be decently buried at the discretion of my executrix, hereinafter named. After my debts and funeral charges are paid, I devise and bequeath as follows.
I give and bequeath to my brother A. J. Wilson one dollar. I give and bequeath to my sister Susan V. Davis wife of David Davis, one dollar. I give and bequeath to my sister Elizabeth H. Welch, wife of Denney Welch, one dollar. I give and bequeath to my nephew J W. Baker one dollar. I give and bequeath to Nelson Baker one dollar. I give and bequeath to my sister Rachel F. Wilson my one half interest in one house and two lots in the town of Keyser, Mineral County, West Va. Also my one seventh part in the limestone farm where Hiram Tasker now lives. Also, all my interest in the real estate of my father, Jonathan Wilson deceased, in Garrett County, Maryland. Also my personal property, noted, bonds, money, etc. And lastly, I do hereby constitute and appoint my sister Rachel J. Wilson to be sole executrix 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 hereto set my hand and seal this first day of June in the year 1880.
Hester Wilson
Signed, sealed, published by the above Hester A. Wilson, as and for her last will and testament in our presence who at her request in her presence and in presence of each other have hereto set our hands as witnesses thereto.
Witness F. McRobie
George W Paugh

State of Maryland, Garrett County to wit:
On this 19th day of July 1880 came Rachel J. Wilson, the executrix named in the last will and testament of Hester A. Wilson, late of Garrett County deceased, and made oath in due form of law that the foregoing instrument of writing is the true whole last will and testament of Hester A. Wilson, late of Garrett County deceased, that has come to her hand or possession and that she does not know of any other.
Test. W. H. Hagans, Register

State of Maryland Garrett County to wit:
On this 19th day of July 1880 came F. McRobie and George W. Paugh the witnesses to the aforegoing last will and testament of Hester A. Wilson, late of Garrett County, deceased, and made oath in due form of law that they did see Hester A. Wilson, the testatrix therein named, sign and seal this will, that they heard her publish, pronounce and declare the same to be her last will and testament, that at the time of her so doing she was to the best of their apprehension of sound and disposing mind, memory and understanding, capable of executing a valid deed or contract, and that they respectively subscribed their names as witnesses to said will in the presence of and at the request of the testatrix and also in the presence of each other.
Test. W. H. Hagans, Register



State of Maryland
Garrett County, to wit:
I hereby certify that the aforegoing is a true copy of the last will and testament of Hester A. Wilson, late of Garrett County, deceased, as taken from wills, Liber A. folio 138 etc. one of the record books of the Orphans Court of Garrett County, Maryland.
In testimony whereof I hereunto subscribe my name and affix the seal of the Orphans Court of Garrett County this 27th day of January A.D. 1885.
W. H. Hagans
Register of wills of Garrett County, Maryland

State of Maryland, Garrett County to wit:
I, W. H. Barnard, Chief Judge of the Orphans Court in and for the county aforesaid and the same being a court of record and having a seal do hereby that W. H. Hagans is register of wills for the county aforesaid that the aforegoing attestation of his as register is in due form of law and by the proper officer and that all due faith and credit is and ought to be given to his attestation as register aforesaid.
In testimony whereof I hereunto subscribe my name and affix my seal this 27 day of January A.D. a885
W. H. Barnard
Chief Judge of the Orphans Court of Garrett County, Maryland

State of Maryland, Garrett County to wit:
I. W. H. Hagans, Register of Wills for Garrett County, Maryland, do hereby certify that W. H. Barnard is Chief Judge of the Orphans Court of Garrett County, aforesaid and duly commissioned and qualified according to law.
In testimony whereof I hereunto subscribe my name and affixed the seal of the Orphans Court for Garrett County, Maryland, this 27th day of January 1885.
W. H Hagans, Register of Wills of Garrett County, Maryland

In the clerks office of the county court of Mineral County, West Virginia on this 5th day of February 1885 before J. V. Bell, clerk of said court, in the recess of said court came Abraham J. Wilson and presented a duly authenticated copy of the will of Hester A. Wilson, late of Garrett County, Maryland, deceased, which will was admitted to probate and record in said Garrett County, Maryland and it appearing that said will was proven before the Orphans Court of said county in such manner as to make it a valid will of both personal and real estate in the State of West Virginia, the said will is admitted to probate and record as a will of both real and personal estate.
Given under my hand this 5th day of February 1885,.
J. V. Bell, Clerk


Mineral County, West Virginia will book 1 - Transcribed by Jo Chavers


Thomas Foley
I, Thomas Foley of Everett's Tunnel, County of Garrett, State of Maryland, being aware of the uncertainty of life and in feeble health but of sound mind and memory, do make this my last will and testament in manner following. To wit: I bequeath to my wife Bridget Foley, all my real and personal properties, all money or any other properties that may be found belonging to me scattered or any other goods on chattels to have to hold and use as she wishes until her death and then such of said properties or money that remain to be equally divided between my two daughters named respectively Margaret and Mary Foley. Witness my hand and seal this 30th day of May eighteen hundred and eighty nine 1889. I further desire that no bond be required.
Thomas Foley
Witness
John F. Gilmore
Francis Faherty

State of Maryland, Garrett County, to wit: On this 8th day of August 1889 came John F. Gilmore, one of the subscribing witnesses to the aforegoing last will and testament of Thomas Foley, late of Garrett County, deceased, and made oath in due form of law that he did see the testator sign and seal this will, that he 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 his apprehension of sound and disposing mind, memory and understanding and that he together with Francis Faherty subscribed hi name as witness to this will in his presences at his request and in the presence of each other.
Test J W. White, Register
State of Maryland, Garrett County, to wit: On this 9th day of August 1889 came Francis Faherty, one of the subscribing witnesses to the foregoing last will and testament of Thomas Foley, late of Garrett County, deceased, and made oath in due form of law. That he did see the testator sign and seal this will; that he 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 his apprehension of sound and disposing mind, memory and understanding and that he together with John F Gilmore subscribed his name as witness to this will in his presence at his request and in the presence of each other.
Teste J. W. White, Register
State of Maryland, Garrett County to wit: I hereby certify that the aforegoing is a true copy from the original will of Thomas Foley, late of Garrett County in the state of Maryland, deceased, and of the probate thereto as filed and recorded in "Wills" Liber A Folio 296 rc one of the record books of the Orphans County for Garrett County. In testimony whereof I hereunto set my hand and affix the seal of the Orphans Court of said County this 13th day of August 1889.
Test J W. White
Register of Wills for Garrett County
State of Maryland, Garrett County, to wit: I, Nathan Casteel, Chief Judge of the Orphans Court for Garrett County in the State aforesaid do certify that the aforegoing attestation of James W. White, Register of Wills for said county is in due form and by the proper officer. Given from under my hand at the town of Oakland, Md. This 13th day of August in the year eighteen hundred and eighty-nine.
Nathan Casteel C. J. O. C.
State of Maryland, Garrett County, to wit: I hereby certify that the Honorable Nathan Casteel by whom the above certificate was given and who hath thereto subscribed his name was at the time of so doing, Chief Judge of the Orphans Court for Garrett County, duly elected, commissioned and qualified. In testimony whereof I hereto set my hand and affix the seal of the said court this 13th day of August 1889.
J. W. White, Register of Wills for Garrett County, Maryland


Mineral County to wit: Be it remembered that on this 20th day of August 1889 the foregoing will with the annexed certificates as presented in the clerk's office of the county court and admitted to record.
J. V. Bell, Clerk

Mineral County, West Virginia will book 1
Transcribed by tr. by Jo Chavers








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