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Note: N190 CHANCERY COURT (Chancery Papers) 1831/03/14 9741: Horatio McPherson, John McPherson, Jacob Ritter, and Abraham Ritter vs. Esther McPherson, David Hoffman, William Gillingham, Jane Gillingham, Jonathan Janny, Elizabeth Janny, Nathaniel B. Whitaker, Ann Whitaker, Mary McPherson, William McPherson, Martha McPherson, Hannah McPherson, Lydia McPherson, Sarah McPherson, and Isaac McPherson. BA, FR. Mortgage foreclosure on Resurvey on Jedburgh Forrest in FR. and petition to sell three lots in BC. Recorded (Chancery Record) 143, p. 69.
Know All men by these presents that we John Brien, John McPherson and Edward B. McPherson all of Frederick County in the State of Maryland are held and firmly bound unto William Gunton and both of the city of Washington in the District of Columbia in the sum of Twelve Thousand eight hundred and twenty five Dollars current money of the United States to be paid to the said William Gunton and or to their certain attorney, Executors & administrators or assigns to which payment well and truly to be made, We bind our heirs, executors and administrators firmly by these presents, sealed with our seals dated Sixth day of May One Thousand eight hundred and thirty one.
Whereas certain William J. McPherson and Horatio McPherson as trustees for the sale of certain property in George Town in the District aforesaid late of Sarah McPherson their late mother deceased caused the same to be offered for sale by public auction on the fourth day of May instant and at which the above named William Gunton became the bidder for, and purchaser of a dwelling house, store and lot situated at the corner of Bridge and High Streets and nowtin the occupation of Otto M. Louthecum, at the price of Eight Thousand five hundred and fifty Dollars and whereas the said purchase was made by the said William Gunton at the request of the above bounden John Brien, John McPherson and Edward B. McPherson and for andton behalf of the several heirs at law of the said Sarah McPherson, and he hath given to the said trustees in order the more fully to execute their trust his three promissory notes bearing even date with the within obligation each for the sum of two thousand one hundred and thirty seven Dollars and fifty cents payable one of them on the fifth day of May one thousand eight hundred & thirty two, another of them on the fifth day of May one thousand eight hundred thirty three and the other of them on the fifth day of May one Thousand eight hundred and thirty four, being for the last three installments of the purchase money aforesaid, and the before named obligors have undertaken that the first installment thereof shall be discharged forth with agreeably to the conditions of sale, now the above written obligation is such that if the above bounded John Brien, John McPherson and Edward B. McPherson or any of them their or any of their heirs, executors or administrators shall and do well truly satisfy pay or discharge the several installments of the said purchase money for which notes have been given as aforesaid by the said William Gunton and as and when the same shall become due payable and shall and do from time to time and at all times hereafter well and sufficiently save defend keep harmless and indemnify the said William Gunton andt their heirs, executors and Administrators and their lands and tenements goods and chattels of and from all actions suits, costs, charges and damages which be they or any of them shall or may incur or sustain for or by reason of his or their having made the aforesaid purchase and given notes here in before mentioned of any of them. Then the before written obligation shall be void or else be and remain in full force and virtue in law----------- Signed Sealed and Delivered in the presence Of
R. Roack
Horatio McPherson of Washington County and State of Maryland being confined to bed by illness but being of a clear and discerning mind memory and understanding, do make and declare this to be my last Will and testament
tt In the first place I will that all my debts be paid by my Executrix herein after named, and after all my debts and funeral expenses are paid it ist my will that the balance of my property of whatsoever kind be invested or secured and the proceeds thereof to be the property of my beloved wife Mary S. McPherson the support of herself and my children; and upon their arrival at age or marriage, I will and direct that each child including my foster child or children, shall receive out of my estate so invested or secured each portion as the law of this State would allow him or her in case I had departed this life intestate my intention being that my said wife shall also have and enjoy the same portion Viz. of my estate that the law would allow her in case of my intestacy.
tt I appoint my said wife sole guardian of my children; and direct that no inventory by taken and delivered of my estate to the Orphans Court or any accounting thereof; and Viz. such sales be made of any part of my estate as my said executrix may chose and by her, and the proceeds invested as herein before directed. I assign my dearly beloved wife Mary S. McPherson sole executrix of this my last will and testament.
Signed sealed published and delivered the last Will and testament of HoratioMcPherson in my presence and the presence of each other this third daytttttttttttttttttttttttttttttttttttttttttH. McPherson oftttttttttttttttttttttttttttttttttttttttttttttSeal June AD. 1836
W.Vauleart MA.Finley,t Jas. Burchanan To the register of Wills of Washington County Maryland
tI Mary S. McPherson widow of Horatio McPherson late of Washington County deceased being the appointed executrix in the last Will & Testament of said deceased do hereby refuse to administer on the estate of said deed and do therefore renounce all my right title and claim to the said Administrator doing at the same time their letters of administration to John McPherson of Frederick County & John R. Dall of Washington. County witness my hand this 13th day June 1836 last. ttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttt Mary S. McPherson
Emily L. Cory Washington County towit on this the 14th day of June 1836 came John McPherson & John R. Dall and made oaths that this is the true and whole Will of Horatio McPherson late of said County Deceased they both come to their hands and possession and that they do not know nor have heard of any other and at the same time came M.Vaulear, James A. Buchananand Micheal A. Finley and made with oath that they did see the testator herein named sign and seal this Will that they heard him publish, pronouncd and declare the same to be his last will andTestament that at the time of his sodoing he was to the best of their apprehension of sound and deserning mind memory and understanding that they subscribed their names as witnesses to this will with the presenceand at the request of the testators and in the presence of each other. tttttttttttttttttttttttttttttttttttttttttttttttttttttttt Certified by tttttttttttttttttttttttttttttttttttttttttttttttttttttttt Daniel Schuebly Reg.. Washington County Towit tttttttttttttttttttttttttttttttt In testimony that the aforegoing is a true copy tttttttttttttttttttttttttttttttt from the original I have hereunto set my tttttttttttttttttttttttttttttttt hand and affixed my seal of office this 15th ttttttttttttttttttttttttttttttttday of June 1836ttttttttttttttttt ttttttttttttttttttttttttttttttttttttttttt xxxttttttttt Daniel Schuelby Reg.
tMcPherson, Horatio Will 03 June 1836
This Indenture made this twenty-fourth day of September in the year of our Lord eighteen hundred and thirty three between Horatio McPherson acting Executor of Col. John McPherson deceased of Frederick County and State of Maryland of the one part and William S. McPherson of the County and State aforesaid of the other part. Witnesseth that the aforesaid Horatio McPherson Executor as aforesaid for and in consideration of the sum of Two Hundred Dollars current money to him in hand paid by the said William S. McPherson, before the sealing and delivering of these presents the receipt whereof is hereby acknowledged hath and by these presents doth grant bargain and sell alien and confirm unto the said William S. McPherson and his heirs all that lot or parcel of land, laid out as an additional Lot to Frederick town, to wit number one hundred and sixty-five the said two thirds part of the Lot of ground aforesaid, and hereby intended to be conveyed being the same parcel of land which was conveyed by William Marsh & Christian MacNell by deed bearing date the 12th day of March 1787 and recorded in Liber W.R. No 7 folio 166 & 167 one of the land records of Frederick County aforesaid and which was devised by Christian MacNell to George MacNell, and by as said George MacNell conveyed to said John McPherson by deed bearing date on the 20th day of April 1810 and recorded in the land records of County aforesaid Liber W.R. No 37 folio 177,178 & 179 as by referenced to said deed will now fully appear. To have and to hold the said lot or parcel of land and premises and all advantages and appurtenances to the said William S. McPherson his heirs and assigns forever- In witness where of the said Horatio McPherson Executor as aforesaid has hereunto subscribed his hand and affixed his seal the day and year first herein written. ttttttttttttttttttttttttttttttttttttttttHoratio McPhersont seal Acting Ex.
Signed and sealed & Delivered in presence of M. Hancy M. Tims
Maryland Frederick Countyt To wit.
On 24th day of September 1833 before the subscribers two Justices of the peace in and for Frederick County aforesaid appeared Horatio McPherson the grantor mentioned in the foregoing deed or instrument of writing and acknowledged the same to be his act and deed for the purposs therein mentioned, and the said Horatio McPherson executor as assigns according to the act & assembly in such cases made and provided, and we also certify that we are satisfied of our knowledge that the grantor acknowledging the same is the person described and prosessing to be grantors in said deed.
M. Kindy
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