John Martin Derr, Jr. was born about 1737, a son of Johan Martin Derr, Sr. and Maria Gertraut Echard, He married Anna Maria Ursula Cassell abt 1760 in Frederiuck County, Maryland. They were the parents of eleven children; ten of which are named within this Last Will and Testament. One son (Apr 1783- 17 Aug 1783) died as a child.
Full Transcription
In The Name of God Amen I John Martin Derr of Frederick County in the State of Maryland being Sick and Weak in body but of Sound and Disposing mind memory and understanding considering the certainty of Death and the uncertainty of the time thereof and being Desirous to Settle my Worldly affairs and thanks for 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 hereinafter named and after my Debts & funeral charges are paid and my wives thirds thereof out I Devise and bequeath as follows –
I Devise and bequeath unto my ten Children and one Grand Child to wit George, John, Margaret, Christina, Elizabeth, Catharine, Mary, Susanna, Eve and Sally my sons and Daughters and Betsey Miller the daughter of my Daughter Barbara Deceased under the restrictions and provisions hereinafter mentioned all my Estate both real and personal that I am Seized Possessed of by this will to them their heirs and assigns forever Share and Share alike Provided always that Should any Daughter Eve not Succeed in procuring a Lad to annul the marriage heretofore Solemnized between the said Eve and Conrad Holtzman who has since Left her then and in that case the Share which the said Eve would otherwise be entitled to I Devise and bequeath to the Children of the said Eve which She now has to be Equally Divided between them but Should the said Eve at any time before the said Children are of age want assistance my Executors hereinafter Directed in case the said Eve Shall Post an Obligation to the said Children with such Security as he Shall approve of for the Payment of their respective Shares to Each of them when they Severally arrive of full Age to Pay over to the said Eve the Amount of such Share _____ Item I give and bequeath unto my Dear Wife Elizabeth one bed and the furniture thereto & Chattels of her Dower I give and bequeath unto my Dear Wife the one third Part of my Personal Estate - the Partition of one third of my real Estate during her life time together with one of the Smallest houses on the old Place which I Submit not behalf of any my time So during my Executor to have it done in a compleat manner out of my Estate also so much of the Garden as Extends from the Shop to the Grave Stone - It is my will and desire that Should my dear Wife Prefer an Annuity to the use of one third of my Land then & in that case I direct my Executor to Pay Annually And every year during her Life the one third of the rent of my real Estate after Deducting necessary repairs and taxes to her or her Order But Should she Prefer having her Dower laid off I Desire that my Friends John Granice Christopher Still and Michael Myers be the Persons to make the Erection of said Dower without any Interference in the Least Whatever And I do hereby appoint them commissioners for that Purpose and Should Either of them die before my Decease I accomplish the & Provisions are to be made to Share a third Person to fill the Vacancy So further direct that this Location be returned to the Office of the Clerk of Frederick County Court to be recorded which return and location I will be as binding on those concerned as if it had been done by a Legal commission.
Item I give and bequeath unto Betsey Miller the wife of John Miller herein before mentioned the Sum of Twenty five Pounds three Shillings five Pounds are to be Deducted from the Share of the said Betsey Miller and for like before the said Betsey arrives at full age my Executor Shall find out her Portion on Interest till She becomes of Age
Item I now much as my Daughter Elizabeth has had Advancement give to the amount of Eighty Pounds it is my will that the Same be brought into view and Deducted from her Share
Item my legacies are to be Divided between my son George and my son John ___ Item my Personal Property not otherwise disposed of Situated my Executor to Sell at Public Sale and Pay over the Proceeds thereof to the Several Persons Entitled by this will
Item in case my Dear wife accepts this Annuity herein Provided in lieu of her Dower my Executor herein after named is hereby authorized to rent out my real Estate annually during her life time and after Paying the annuity aforesaid to Divide the residue among all those Entitled share and share alike except that which Betsey Miller is Entitled shall be Put on Interest as is hereinbefore Provided - but none my wife Prefer having her dower Laid off then and in that case She shall be rent out the remaining two thirds and Divide the rent as aforesaid ___ Item After the death of my wife my Executor is hereby Authorized and required to sell all my Real Estate Either at Private or Public Sale to the best advantage and Divide the money arising from such sale among those Entitled under the Provisions of this will as legal heirs
Item my Executor herein after named is hereby Authorized to Execute a good and Sufficient conveyance to the Purchasers of any real Estate in as ample a manner as I my self could do
Item I give and bequeath unto my son George and I him all my Wagon making tools Share & Share alike
Will I lastly do hereby constitute and appoint my trusty friend John Granice to be Executor of this my Last will and Testament - and if the said John Granice Shall die before his duties as Executor of this will Shall be finally done then and in that case I do hereby constitute and appoint my trusty friend Michael Myers to succeed him as 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 act will and testament.
In testament whereof I have hereunto Set my hand and Affixed my seal this twenty second day of November in the year of our Lord one thousand Eight Hundred and nine.
Signed, Sealed Published and Declared John M Derr [seal]
by John M Derr the above named
Testator as and for his Last will and
Testament in the Presence of us who
at his request in his Presence and in
the Presence of each Other have Subscribed
our names be Witnesses hereto
Jacob Cramer, Ephraim Ridge
John Cramer
Frederick County to wit on the 23rd day of March 1812 then came Jacob Gramer and made Oath on the Holy Evangel of Almighty God
That the foregoing Instrument of writing is the true whole will and Testament of John Martin Derr late of Frederick County Deceased that hath come to his hands and Possession and that he doth not know of any Other Rich Butler Reg
Frederick County to wit on the 23rd day of March 1812 then came Jacob Cramer, Ephraim Ridge and John Cramer the three Subscribing Witnesses to the foregoing Last will & Testament of John Martin Derr late of Frederick County Deceased and made oath on the holy Evangel of Almighty God that they did See the Testator therein named Sign Seal this will that they heard him Publish Pronounce and declare the Same to be his Last will & Testament That at the time of his so doing he was to the best of their apprehensions of a Sound & disposing mind memory and understanding That they respectively Subscribed their names as witnesses to this will in the Presence and at the request of the testator and all in the Presence of each Other
Rich Butler Reg
Summary of Will Provisions
Beneficiaries:
The will names the following children and grandchild as primary beneficiaries:
Sons: George and John
Daughters: Margaret, Christina, Elizabeth, Catharine, Mary, Susanna, Eve, and Sally
Granddaughter: Betsey Miller (daughter of deceased daughter Barbara)
Key Provisions:
1. Equal Distribution with Conditions:
All beneficiaries receive equal shares of the estate
Special condition for daughter Eve: If she cannot annul her marriage to Conrad Lollyman (who abandoned her), her share goes to her children instead
2. Wife Elizabeth's Provisions:
One bed and furniture
One-third of personal estate (dower rights)
Choice of either:
One-third life interest in real estate plus use of smallest house and part of garden
OR annual payments equal to one-third of rental income from real estate
3. Special Bequests:
Betsey Miller (granddaughter): £25 (with £5 deducted from her inheritance share, money held in trust until she comes of age)
Daughter Elizabeth: Her previous advancement of £80 to be deducted from her inheritance
Sons George and John: Share all farming/wagon-making tools equally
4. Estate Management:
Executor: John Granice (with Michael Myers as alternate)
Personal property to be sold at public sale
Real estate to be rented during wife's lifetime, then sold after her death
All proceeds distributed according to the will's provisions
5. Legal Formalities:
Will signed November 22, 1809
Probated March 23, 1812 in Frederick County, Maryland
Witnessed by Jacob Granice, Ephraim Rudge, and John Granice
Notable Features:
Reflects the complex family dynamics of the early 1800s
Shows concern for abandoned daughter Eve and her children
Provides flexibility for the widow's living arrangements
Demonstrates the testator's involvement in wagon-making trade
Includes provisions for estate management over an extended period
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