Notes:
Her stone reads,
"Elizabeth Muma, consort to John Muma and daughter of John and Elizabeth Shafer
August the 1st 1820
age 29 years 5 months and 11 days"
She is mentioned in her Grandfather's Will.
Will of Jacob HESS (1815); Washington Co, Maryland
This file was contributed by John Wolfe computerwolf@yahoo.com.
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WILL OF JACOB HESS
IN THE NAME OF GOD, AMEN, I, Jacob Hess, of Washington County and the State of
Maryland, being of an old age but of sound and understanding and knowing that it
is appointed for all flesh to yield unto death, I do hereby on the twelfth day
of March in the year One Thousand eight hundred and fifteen constitute and
ordain this my last will and testament. And first I recommend my Soul to
Almighty God who gave it whoping through the merits of Jesus Christ to inherit
the Kingdom of Heaven prepared for his elect and chosen and now for Setling my
temporal estate and such goods and chattels as it has pleased God to bless me
with, I settle in the following manner, and bequath unto my son David Hess his
heirs and assigns forever all that part of land I have any right or title to
which may be included in the following meets and bounds, to begin at a large
stone set up and planted by the side of Frederick Welty's adjoining the waggon
road leading from my Mill to Boonsbury and runing by and with said road towards
Boonsbury untill it intersects the West lines of the whole of my land then to
run and bound Westerly on my outline adjoining Michael Specart and Jacob Thomas
until it entersects Anteetam Creek then to run and bound on and with the banks
of said Creek downward until within three quarters perches above the Spring
known by the name of Burrel's Spring and from thence to run one half perch unto
said Creek then to run four perches down paralel with the meanders of said creek
one half perch in said creek then to run south untill the bank of said creek
then still down and with the banks of said creek and on the East side thereof as
far as I hold land adjoining on the East side of said creek and thence from the
beginning of a tract of land Burrels Bower and from thence to run wi
outlines untill it intersects the Resurvey on Dear Bought then to run with that
tract to the end 46 perches on the twentieth line of said Resurvey and from
thence North 17 1/2 degrees East 3 perches to a stone marked A set up for the
division of my son David and my daughter Margratt and to run from thence South
56 degrees East 49 1/2 poles North thirty three and one half degrees East 4
perches to a stone, then with a straight line to the beginning, Excepting that
part of land that I have heretofore conveyed to Andrew Rinehart containing by
estimation about two hundred and fifty acres of land be the same more or less,
he my son David his heirs or assigns to pay for the tract of land the sum of
Seven Hundred pounds and on the following condition(towit), One year after my
decease to my daughter Rozenah Shafer, the second payment to Catherine Grove,
the third payment to my granddaughter Elizabeth Mumma, the fourth payment to
Rozena Shafer, the fifth payment to Catherine Grove and Sixth and last payment
to Elizabeth Mumma. If my son David should pay any part of the aforesaid legacy
to any of my children as aforesaid dureing my lifetime any receit from any of my
children to which he hereby is bopund to pay, shall be a bar and discharge
whatever amount of payment may be stated in said receit. I hereby subject and
burden the aforesaid land for the payment of the aforesaid Seven Hundred pounds.
I also give to my Son David his Heirs and assigns forever the residue of my land
in the South Mountain which is not willed or conveyed to any of my other
children hereafter named, he my son David to let the rest of my children
hereafter named have a waggon road through his land to their land. I hereby will
and bequeath unto my daughter Margratt her heirs and assigns forever all the
following land that may be included in the following meets and bounds, (to wit,
beginning at the said part at the beginning of my son David's part and running
thence South fifty three degrees West fourteen perches then in the centre of the
new road laid off from my Will to Boonsbury South two degrees West forth poles
South fifty five degrees West forth two perches Soutrh twenty nine and one half
degrees West forteen perches-South forty eight degrees West thirteen and one
half perches, then leaving said road and running North eighty degrees west
thirty one and one half perches to a large stone near the Creek from said stone
North eighteen degrees East three and one half perches and two feet-North sixty
two degrees west two perches lacking ten feet-South seventy degrees west five
and one quarter perches, North sixty five and one half degrees west nineteen
perches to a stone on the hill of the creek-North fifteen and one half degrees
east twenty eight perches and three feet to a stone-North sixty eight degrees
west seventy five perches to a stone-North seventeen and one half degrees East
one hundred and thirty eight and one half perches to a stone marked A set up and
planted as a devesion line between my son David and Magrat and from thence to
run and bound to David's part to the beginning, containing by istemation about
one hundred acres of land more or less. I also will and bequath to my daughter
Margratt her heirs and assigns forever all that small piece of land to the East
of the new waggon road leading from my Mill to Boonsbury, it being the part
heretofore or hereafter not willed or conveyed away. I will and bequath unto
John Hess, David Hess, Henry Hess, Elizabeth Hess, Samuel Hess and Susanna Hess,
heirs and children of my son John Hess, now deceased, to them their heirs and
assigns forever, the whole of my land and Mills hereafter discribed. The first
parcel being the land I now live on with the improvements Mills and all the
utensils thereto belonging, the said land to be bounded as follows, to begin at
the end of the first line of Margratt's part and to run by and with Margratt's
part untill it intersects the land my son John purchased from Robert Smith and
from thence to run in such manner as to include all the land in this my
homeplace hereafter not willed away by me, and a small tract of land ne
Antiatem Creek it being the land I purchased from James Chapline and also a
tract of land I hold adjoining George Showman's and Nicholas Huffer and the
p[lace I purchased from Benjamin Burrel it being also the land I purchased from
James Chapline and also another tract of land on Antiatam Creek lying between
George Lowman and Michael Spesart-and above the Spring house known by the name
of Donalson's Spring, it being the land I purchased from Laurence O'Neal, the
whole of the aforesaid lands and mills to be held on the following condition-
that my son Jacob Hess, david Hess, henry Shaver, Andrew Rinehart and Philip
Grove shall hereby have full power and authority to rent out the aforesaid
estate to the best advantage, that they in their best judgment may think most
advantageous for the use and benifit of the aforesaid six children, amd the
aforesaid five gentlmen, shall see to the decent maintenance and education of
the whole of my six children, and if the aforesaid five gentlmen are of one
unanimous opinion that it would be advantageous to said six children to have the
estate sold and the money divided among them that they shall have full power and
authority to sell and convey the aforesaid estate upon such condition as they on
their judgment may think best for the whole of the aforesaid six children and
that the aforesaid six children shall draw and equil portion out of the
aforesaid estate that John Hess shall draw and receive out of the aforesaid
estate two hundred pounds more than one of the rest-my reason for doing so is
his grandmother and myself raised him as our own child. My will and order is
that the aforesaid five gentlmen shall have in their power to pay the aforesaid
six children their respective legacys as they may think just and right, they are
not bound to pay them by seniority. I will and order that if any or more of the
aforesaid five gentlmen should depart this life before the whole of the estate
is finally setled, that the survivors shall choose and appoint another gentlman
in the stead of those deceased who shall and are hereby fully authorized to act
in the place of those that I have appointed. I hereby subject and burden the
aforesaid to pay to Elizabeth Mumma my granddaughter the sum of six hundred
pounds current money with interest from the date of this will, to be paid by the
aforesaid five gentlmen when they can conveniently receive it out of the
aforesaid estate. I will and order that Susan Hess, widow of my son John Hess,
shall receive such a sum of money out of the aforesaid estate as to make it
amount to one thousand pounds imbracing her thirds of her husband's personal
property, that is to say after the aforesaid five Gentlmen has ascertained what
she has received from her husband's estate whatever it may be lacking of the one
thousand pounds they are hereby bound to pay out the aforesaid children's part
of the estate such a sum as to compleat the aforesaid one thousand pounds that
is to be hers forever. I further give and bequath unto the aforesaid widow the
new part of my Dwelling house-the east end of the Spring house-the little horse
stable above the house-the part of the garden east of the upper road that runs
through the garden and to have the priviledge of the choice of five apple trees
in the orchard so that they shall not be all of one sort and full priviledge of
the one half of the kitchen and one fourth of the seller and pasture for two
cows and one horse and have priviledge of cuting yearly seven cords of wood
whare eather of the gentlmenb aforesaid may direct her third to be and remain
untill the estate may be sold or as long as she remains a widow but as soon as
the estate is sold or that she marry again that the above to sease except the
part of the aforesaid one thousand pounds that to be hers forever, without any
execptions.
Signed in the Presents of the following witnesses: Michael Piper, John Hine,
Jonas Hogmore, John Sigler
Jacob Hess
The following Codicil was made by me 15th of April 1815. Upon further reflection
of the aforegoing I hereby in sound understanding make the fololowing
alterations. First I hereby give the aforesaid five persons named in the
aforegoing will full power and authority that if they think proper the
aforegoing estate that I have will to my six grandchildren to one or more of
them at what ever price in their judgement they think that such of the children
receives said estate pay unto the rest of them that got no part of said Rail
estate and that if the afoursaid five men should determine and agree to give
said estate to any of them at what they shall value the part-inthat case they
shall and are hereby authorized to make them a deed of conveyance for the said
estate they taking bonds with sufficient Security for those children to whome
they may think proper to convey to for use and benefit of thoes other children
that receives no part of said Rail estate. My will and desire is that t
afoursaid five men shall and may eather sell the afoursaid estate and divide the
smae as stated in my first will or to give it to any one or more of said six
children at what they shall apprase the estate that shall be left entirely to
them at their discretion. I further will and bequath unto my daughter Rozenah
Shafer, Margratt Rinehart and Philip Grove and my granddaughter Elizabeth Muma
the whole of my personal property which is not heretofore willed away, they to
divide among the same among themselves and they to pay my just debts(if any) out
of said personal property. I hereby will and order that if I in my lifetime
should pay Elizabeth Mumma as part of the aforesaid six hundred pounds which is
to come and be raised out of the land willed to my six grandchildren any receit
shall be deducted out of the aforesaid 600 pounds as so much paid to her.
In Witness whare unto I have hereunto set my hand and affixed my seal to this my
Codicil in Presents of the following subscribers: Michael Piper, John Sigler,
Jonas Hogmire.
Jacob Hess