Will of William Scharf 1839

Last Will and Testament of William Scharf of Baltimore County, Dated 1 March 1839, Proved 13 May 1840

In the name of God, Amen, I, William Scharf of Baltimore County, State of Maryland, being of sound and disposing mind, memory and understanding, do make and publish this my last Will and Testament in manner and form following to wit.

I give and bequeath to my daughter Margaret Scharf and her issue, and my sons William Scharf, John H. Scharf, Elijah T. Scharf and Elisha Scharf and their lawful issue the farm on which I now dwell and which I purchased of Charles Reed, William Willson and John Spear Smith, and also the Mill on the same, and should any of my above mentioned children die without issue, then it is my will and desire that the said farm and mill shall exclusively belong to those of my above mentioned children who may be living or their issue, and as my intention in making this devise is to prevent any part of my said farm or mill from being sold out of my family whilst my youngest son Elisha Scharf is a minor, and it may be found inconvenient to conduct the farm and mill with so many interests, I hereby authorize and empower either of my above mentioned children to purchase all or any of the interests of the other heirs who may have arrived at the age of twenty one years; and if when my son Elisha Scharf arrives at the age of twenty one they shall deem it their interest to sell, it is my will and desire that the said farm, and mill shall be sold and the money equally divided among the said children. And should either of my above mentioned children believe it their interest not to reside on the said Farm, then it is my will and desire that they shall receive no part of the proffits of the said farm or mill during the minority of my son Elisha. And this bequest is made with the express proviso that the said Margaret Scharf, William Scharf, John H. Scharf, Elijah T. Scharf and Elisha Shcarf shall pay all my just debts and funeral expenses, and furnish Moses Rockhold with a comfortable home during his life and his death have him decently buried at their expense.

I give and bequeath to my daughter Margaret Scharf and my sons William Scharf, John H. Scharf, Elijah T. Scharf and Elisha Scharf all my stock, farming utensils, furniture and personal property of every kind whatsoever.

I give and bequeath to my daughters Patience T. Wheeler, Anna T. McPherson, Sarah T. Woodward, Hannah T. Smith their Heirs and Assigns and my son Joseph Scharf (if living) and if dead his part to be divided equally among my said daughters, all the remainder of my real estate consisting of two lots of ground situate and lying on the Harford Turnpike, being a part of a tract of land called Grendon, and containing about One hundred and seventy acres.

I give and bequeath to my son Isaac Scharf one dollar having already given him a liberal proportion of my estate.

I give and bequeath to my son Robert Scharf one dollar only having had large sums of money to pay for him.

And lastly, I hereby constitute and appoint my two sons William and John Scharf Executors of this my last Will and Testament.

In witness whereof I have hereunto set my hand and seal this first day of March in the year of our Lord One thousand eight hundred and thirty nine

William Scharf [seal]

Signed sealed published and declared by William Scharf the above mentioned Testator as and for his last Will and Testament in the presence of each other have subscribed our names as witnesses thereto.
Henry Crowl
William Crowl
W.G. Howard

Baltimore County Ls:
On the 13th day of May 1840, came Henry Crowl and William Crowl, two of the subscribing witnesses to the aforegoing last Will and Testament of William Scharf late of said County deceased, and made Oath on the Holy Evangely of Almighty God, that they did see the Testator 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 apprehensions of sound and disposing mind, memory and understanding, and that they together with William G. Howard the other subscribing witness thereto, subscribed their names as witnesses to this Will, in his presence at his request and in the presence of each other. Sworn to in Open Court.
Test D. M. Perine Register of Wills for Baltimore County.

Baltimore County Ls.
On the 15th day of May 1840 came William G. Howard one of the subscribing witnesses to the aforegoing last Will and Testament of William Scharf late of said County deceased, and made Oath on the Holy Evangely of Almight God, 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 Henry Crowl and William Crowl the other two subscribing witnesses thereto, subscribed their names as witnesses to this Will in his presence, at his request and in the presence of each other. Sworn to in Open Court.
Test D. M. Perine Register of Wills for Baltimore County.

William Scharf's Administrative Bond

Maryland, Ls. Know all men by these Presets That we William Scharf, Jun., John H. Scharf, Benjamin R. Wheeler and Isaac T. Scharf are held and firmly bound unto the Sate of Maryland in the full and just sum of Twenty thousand Dollars to be paid to the State of Maryland aforesaid; To which payment, well and truly to be made and done; We bind ourselves and every of us, our and every of our Heirs, Executors, and Administrators in the whole and for the whole, jointly and severally, firmly by these presents, sealed with our seal, dated this 19th day of May in the year of our Lord eighteen hundred and forty.

The condition of the above obligation is such That if the above bounden William Scharf Jun and John H. Scharf shall well and truly perform the office of Executors of William Scharf, late of Baltimore County, deceased, according to law, and shall in all respects discharge the dutuies of them required by law, as Executors aforesaid, without any injury or damage to any person interested in the faithful performance of the said office, then the above obligation shall be void, it is otherwise to be in full force and virtue in law.

William Scharf, Jr. [Seal]
John H. Scharf [Seal]
B. R. Wheeler [Seal]
Isaac T. Scharf [Seal]

In the presence of
D. M. Perine

Approved by the Orphans Court for Baltimore County on the 19th day of May 1840 same day filed, and recorded and examined
Test. D. M. Perine Register of Wills for Baltimore County.

William Scharf's Counter Security Administration Bond

Maryland L.S. Know all men by these Presents That we William Scharf, Jun., John H. Scharf, William G. Howard and Elijah Scharf all of Baltimore County, are held and firmly bound unto the State of Maryland in the full and just sum of Twenty thousand Dollars, to be paid to the State of Maryland, To which payment, will and truly to be made and done, We bind ourselves, and every of us our and every of our Heirs, Executors, and Administrators in the whole and for the whole, jointly and severally, firmly by these presents, sealed with our seals; dated this 30th day of June in the year of our Lord eighteen hundred and forty.

Whereas Administration of all the goods, chattels, credits and personal Estate of William Scharf, deceased, was heretofore granted and committed by the Orphans Court for Baltimore County unto the above William Scharf, Jun, and John H. Scharf they the said William Scharf, Jun, and John H. Scharf having first given Bond to the State of Maryland with Benjamin R. Wheeler and Isaac T. Scharf as their securities, to well and truly perform the office of Executors of the said deceased according to law, and which Bond is filed and recorded in the office of the Register of Willis for Baltimore County.

And Whereas, the said Isaac T. Scharf, one of the securities in the said Bond conceiving himself in danger of suffering from the said suretyship, has applied to the said Orphans Court which granted the said Administration praying that the said William Scharf, Jun., and John H. Scharf might be called upon and compelled to give him the said Isaac T. Scharf Counter Security to be approved by the said Court.

An the said William Scharf, Jun., and John H. Scharf being summoned on Petition, and ordered by the said Court to give him the said Isaac T. Scharf Counter Security according to law: Now the condition of the above obligation is such That if the above bounden William Scharf, Jun., John H. Scharf, William G. Howard and Elijah Scharf do and shall in all things, and at all times well and sufficiently save, indemnify and keep harmless the said Isaac T. Scharf, his Heirs, Executors,a nd Administrators of, from and against all, and every kind of loss, injury, damage, suit, costs, expense, claim or demand, which shall be occasioned to or be brought, exhibited or prosecuted, and received against him the said Isaac T. Scharf, or his Heris, Executors, or Administrators, or any of them for or on account of him the said Isaac T. Scharf having been securely forever bound with the said William Scharf, Jun., and John H. Scharf for their well and truly performing the office of Executors of the said deceased and aforesaid, or otherwise relating thereto, then the above obligation shall be void, it is otherwise to be in full force and virtue of the law.

Wm. Scharf, Jr. [Seal]
John H. Scharf [Seal]
W. G. Howard [Seal]
Elijah Scharf [Seal]

Signed, sealed and delivered
In the presence of
D. M. Perine
Approved by the Orphans Court for Baltimore County on the 30th day of June 1840, same day filed, and recorded and examined.
Test. D. M. Perine Register of Wills for Baltimore County

Contributed 16 Aug 1998 by Mark Scharf
Source: LDS Family History Library in Salt Lake City, Utah. Film # 0013652.