Will and Codicils of John Waters

In the name of God, Amen! I, John Waters of Somerset County, do make and and ordain this as and for my last Will and Testament: First, I give and devise the Farm whereon I now reside, to my daughter Sally Elizabeth Boggs and her present husband Francis Boggs for and during their natural lives; and during the life of the survivor of them, upon the following conditions, to wit: first, that my said daughter and her said husband, shall during their joint lives, and the survivor, during his or her life, shall maintain educate clothe and support from the rents & profits of said farm my three grand children, Susan Waters and Mary Waters, the children of my deceased son Samuel Waters, and Emily Waters the daughter of my deceased son John Waters; and secondly, that Rosa Waters the widow of my said son Samuel shall have a home on said farm, be kept and be supported from the rents and profits thereof, during her widowhood and no longer. Secondly, Immediately from and after the death of the said Francis Boggs and his said wife my aforesaid daughter, I give and devise the said Farm to my said grand daughters, Susan and Mary, the children of my said son Samuel and their heirs forever, upon the condition, that they pay to my said grand daughter Emily, the daughter of my said son John the sum of Fifteen Hundred dollars in three equal annual payments, the first within one year from the day the said Mary Waters arrives at twenty one years of age; or, if she shall arrive at twenty one years of age before the death of Francis Boggs or his said wife within one year from the death of the survivor of them; and the succeeding payments to be made at intervals of a year each; and also subject to the aforesaid provision made for Rosa Waters their mother. Third: If the said Francis Boggs and my said daughter his wife shall both die before my said grand daughters Susan & Mary shall both arrive at the age of twenty one years, my will is that the profits of said land, subject to the aforesaid provision for the widow of my said son Samuel, shall be devoted to the support and education of my three aforesaid grand daughters until the said Mary shall arrive at twenty one years of age; and upon her arrival at twenty years or if dead on the day she would have arrived at twenty one years of age the said sister or the survivor shall become entitled to the possession of the said farm hereinbefore Fourth: If my said granddaughter Susan and Mary shall die, leaving no issue living at the time of her death, of the survivor of my said granddaughter then I give & devise the said farm to my son William S Waters and his heirs forever subject to the aforesaid provision for Rosa Waters, widow of my son Samuel; and all on the condition, that he pay the aforesaid sum of fifteen hundred dollars to my granddaughter Emily in three equal annual payments to be made at the time, and in the manner aforesaid. Fifth. I further devise and will that if my granddaughter Emily should die without issue living at the time of her death, before my said grand- daughter Mary shall arrive at twenty one years of age if living, or if dead, before she would have arrived at that age, the said charge of fifteen hundred dollars on said land for her use, shall sink and become inoperative and void Sixth. All the rest and residue of my estate, after the payment of my debts I give and bequeath, one third to my said daughter Sarah Elizabeth, one third to the two children of deceased son Samuel, and the balance to the said Emily daughter of my deceased son John; and I appoint the said Francis Boggs Executor of this my Will - In testimony I set my hand & seal hereto, as and for my last Will & Testament on this 23rd August 1854 Signed sealed published & declared by the testator to be his last Will & Testament in the presence of us, who at his request & in his presence & in the presence of each other have set our hands hereto as Witnesses J. W. Crisfield, W J Brittingham, James Phoebus John Waters (Seal) Somerset County, to wit: July 24th 1860 Then came John W Crisfield and made oath on the Holy Evangely of Almighty God, that the foregoing instrument of writing, is the true and whole last Will and Testament of John Waters late of Somerset County deceased, that hath come to his hands or possession, and that he does not know of any other. Before S C Long Reg W.S.C. Somerset County, to wit: August 6th day 1860 Then came John W Crisfield one of the subscribing witnesses to the foregoing last Will and Testament of John Waters, late of Somerset County, deceased, and made oath on the Holy Evangely of Almighty God, that he did see the Testator therein named 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 under- standing, capable of executing a valid deed or contract; and that he subscribed his name as a witness to this Will in the presence and at the request of the Testator and in the presence of the other subscribing witnesses thereto He further deposed that he saw William J Brittingham and James Phoebus subscribe their names as witnesses to this Will in the presence and at the request of the Testator. Recorded in Liber S.C.L No 5 folio 36 Before S. C. Long Reg W.S.C. Test S C Long Reg W.S.C. Filed July 24th 1860 Test S C Long Reg W.S.C. 1815-10

37 I make & ordain this as a Codicil to my will, and wish it to be considered as altering and modifying the same. I revoke and annul so much of the first Clause of my Will as charges my farm in the hands of my daughter & her husband, with the support of my granddaughter Emily, during the life of my said daughter & her husband and the survivor of them And wish said Clause to be construed as if the said provision for my said granddaughter were not contained therein: & I hereby alter the second clause of my said Will so as to give my said grand daughter Emily, Five Hundred instead of Fifteen Hundred dollars, and I direct the said second clause to be construed as if I had written "Five Hundred" in the place of "Fifteen Hundred" With these alterations I reaffirm and hereby republish my said Will Witness my hand & seal this 3 Octob 1856 Witnesses John Waters Seal William J Byrd W. J. Brittingham J. W. Crisfield Somerset County, to wit: August 6th day, 1860. Then came John W. Crisfield one of the subscribing witnesses to the foregoing Codicil to the last Will and testament of John Waters late of Somerset County, deceased, and made Oath on the Holy Evangely of Almighty God, that he did see the Testator therein named sign and seal the Codicil to this Will; that he heard him pub- lish, pronounce and declare the same to be a Codicil to 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 cap- able of executing a valid deed or contract; and that he subscribed his name as a witness to the Codicil to this Will in the presence, and at the request of the Testator and in the presence of the other subscribing witnesses, And he further deposed that he saw William J Byrd (since deceased) and William J Brittingham subscribe their names as witnesses to the Codicil to this Will in presence and at the request of the Testator Before Recorded in Liber S.C.L. No. 5 folio 37 &c S.C. Long Regr. S.C. Long Regr. I John Waters, do make this as and for a fourth Codicil to this my Will, and wish it to be considered as altering and modifying my said Will: I annul and revoke so much of the third clause of my said Will as devotes the profits of my land to the support and education of my granddaughter Emily; and in the contingency provided for in said third clause, I wish said profits to be devoted to the support & education of my granddaughter Susan Mary, subject to the provision for the widow of my son Samuel therein contained: with this alteration I reaffirm my said Will and the Codicils heretofore made, and hereby republish the same. Witness my hand and seal this 25 day of March 1860 Witnesses John Waters Seal J. Dennis Mack John W. Phedus Susan J Boggs Somerset County, to wit August 6th day, 1860. Then came John W. Phedus one of the subscribing witnesses to the foregoing Codicil to the last Will and testament of John Waters late of Somerset County, deceased and made oath on the Holy Evangely of Almighty God, that he did see the Testator therein named sign the Codicil to this Will; that he heard him publish, pronounce and declare the same to be a Codicil to 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 C 1815-10