9/10/00
JAMES SHIMER WILL---Cumberland,
Allegany County, Maryland
Courthouse Record --- 9 March 1840
In the name of God Amen I James Shimer of Allegany County in the
State of Maryland being weak in body but of Sound and disposing mind memory and
understanding considering the certainty of death and all uncertainty of the time
thereof and being desireous 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 into the hands
of Almighty God and my body to the Earth to be decently buried at the discretion
of my Executor here in after named and after my debts and funeral charges are
fully paid, I divide and bequeath as follows.
Item; I give and bequeath unto my beloved wife ABIGAIL SHIMER all
my personal propterty that I now-possess of the Debts due me excepted, and all
the money on hand and should she live so long as to receive it the sum of One
Hundred Dollars, it being One payment due me from a certain JOHN BARNES of
Abigail, agreeable to his note which will become due on the first day of April
eighteen hundred and forty eight, should she not live to receive the said
hundred dollars the same to be equally divided amongst my children herein after
named.
Item; I give and bequeath to my daughter ELIZABETH married to
RICHARD GREEN in addition to what I have heretofore given her, one note of hand
drawn by her husband R. Green and bearing date of 13th day of December eighteeen
hundred and thirty two, $45.00 and the further sum of twenty eight dollars and
should the said note be mislaid or lost and not come into the hand of my
Executor to give up as above, in that case to be considered given up.
Item; I give and bequeath to my daughter SUSANNAH married to JOHN
GREEN in additon to what I have heretofore given her, the sum of Seventy three
dollars
Item; I give and bequeath to my daughter CATHERINE married to
JOHN SWIGERS, MARY married to WILLIAM AYERS or their heirs the sum of fifty
dollars to each daughter as above or to their heirs.
Item; I give and bequeath to my son JAMES SHIMER the sum of One
hundred Dollars to him or his Heirs
Item; I give and bequeath to my son JACOB SHIMER or his heirs the
sum of one hundred dollars.
Item; I give and bequeath to my son ISAAC SHIMER or his heirs the
sum of fifty dollars
Item; I give and bequeath to heirs and legal representaves of my
son EZEKIEL SHIMER , Dec’d, the sum of One hundred dollars to be equally
divided amongst the said heirs of Ezekiel ---Share and Share alike.
Item; And I give and bequeath all the rest and residue of my
Estate Real and personal to my son WILLIAM SHIMER or his heirs.
I having sold my farm and plantation to a certain JOHN BARNES of
“ABIGAIL” for the securing the payment of the purchase money thereof, I hold
his notes, and a mortgage on said farm bearing the date of the eighth day of
Decemember eighteen hundred and thirty eight by or with said notes as recited in
said mortage together with other notes, bonds and accounts due me my Executor
herein after mentioned is to collect and receive all moneys that may be due me,
for the purpose of paying over to all of my above sons and daughters as is above
recited, all and every sum or sums of money so collected and so to be deducted
out of each payment the sum of Ten percent commission to be kept by my Executor
for his trouble and services for settling all the business of said payments, in
case there should not be a sufficiency of money due me nor collected to pay the
above and aforsaid recited bequeaths after Expenses are all paid so as to pay to
my son WILLIAM the Sum of One hundred dollars in that case a equal ________ part
to be, by my Executor kept out of each of the aforesaid bequeaths so as to make
the sum of one hundred dollars at least to him the said WILLIAM, the above
recited bequeaths are to be paid on payable to the aforesaid parties, as soon
after the last payment for my farm , Sold and Signed to herein before , together
with all other sums that may be due me can be collected, and my Executor can
make a full and final settlement and not before so as to fully enable the said
Executor to collect all sums or ------.
And lastly I do herby constitute and appoint my friend WILLIAM
SHAW to be Sole Executor 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 9th day of March 1840.
JAMES A. (his mark) SHIMER
Signed Sealed and Published and Declared by JAMES SHIMER, the above named testator. as and for his last will and testament in the presence of us, who at his bequeath in his presence and in the presence of each other, have subscribed our names as Witnesses thereto
URIAH DUCKWORTH
DAVID (his mark) INSKEEP
WILLIAM WARNICK
Return to Shimer Family History Newsletter