Johan Martin "Hans" Derr, Jr.
1737 - 27 April 1812
In The Name of God, Amen I John Martin Derr of Frederick County in the State of Maryland being - Sick and weak in belly 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 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 - last will and Testament That is to say - First in 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 wifes thirds taken out I Devise and bequeath as follows - Devise and bequeath unto my ten children and one Grand Child To wit George, John, Margaret, Christena, 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 is not otherwise disposed of by this will to them their heirs and Assigns forever Share and share alike provided always that should my Daughter Eve not Succeed in procuring a law to annul the marriage heretofore solemnized between the said Eve and Conrad Holtzman who has since lest her then and in that case the share which the said Eve Could 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 we at any time before the said Children are of Age want Assistance my Executors are Directed
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in case the said Eve shall pass an Obligation to the said of Children with such as he Shall approve of for the payment of their respective shares to Each of them when they Severally arrive at full age to pay over to the said We the amount of James to said of such share - Item I Give and bequeath, unto my Dear Wife Elizabeth one bed and the furniture thereto Exclusive of her Dower. I give and bequeath unto my Dear for said wife the one third part of my personal Estate - the possession of one third of my real Estate during her life time Together with one of the small houses on the old place which if I should not repair it in my time I do direct my Executor to have it done in a compleat manner out of my Estate also so much of the his Garden as Extends from the shop to the Grape Vine - it is my will and desire that should my dear wife prefer an annuity and to the use of one third of my land then & in that case I direct my the Executor to pay annually and every year during her life the one third 178 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 do laid off I Desire that my Friends John Cronise Christopher Will and cent Michael Myers be the persons to make the Location of said Dower of and without any Interference in the law whatever and I do hereby appoint them commissioners for that purpose and should either of them die before my Desire is accomplished the Survivors are directed to choose and a third person to fill the Vacancy I further direct that their Location unto be returned to the Office of the Clerk of Frederick County Court John to be recorded which return and location shall be as binding on those concerned as if it had been done by a legal commission daughter Item I give and bequeath unto Henry Miller the father of Betsy Miller and herein before mentioned the sum of Twenty five pounds these Twenty five pounds are to be deducted from the Share of the said Betsey Miller them, and if I die before the said Betsey arrives at full age my Executor shall deed Lend out her portion on Interest till she becomes of age,
Item in asmuch as my Daughter Elizabeth has had advances from the me to the amount of Eighty pounds it is my wish that the same be brought in to view and Deducted from her share - Item my cloathing are to be Divided between my son George and my son John - Item my personal property not otherwise disposed of I direct my Executor to sell at - public sale disposed and pay over the proceeds thereof to the several persons Entitled by this will Item in case my Dear wife accepts the will Annuity - herein provided
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in lien of her Dower my Executor herein after named is directed to rent out my real Estate annually during her life and after paying the annuity aforesaid to Divide the residue among all those Entitled Share and share alike except that part to which Betsy Miller is Entitled shall be put on Interest as is herein before Provided - but should my wife prefer, having her dower laid off then and in that case he is to 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 wi my Real Estate Either at private or public sale to the best advantage and Divide the money arising from such sale among these Entitled under the provisions of this will as legatees - Item my Executor therein after named is hereby Authorized to Execute a good and sufficient conveyance to the purchased of my real Estate in as ample a manner as I myself could do - Item I give and bequeath unto my sons George and John S. all my waggon making Tools share & share alike - And Lastly I do hereby constitute and appoint my Trusty, friend John Cronise to be Executor Trusty, of this my last will and Testament - and if the said John Cronise 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 last Will and Testament.
In Testimony 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 ℗
by John M. Deer 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 as witnesses thereto.
Jacob Gramer, Ephraim Ridge, John Cramer
Frederick County to wit on the 23d day of March 1812 then came John Cromise and made oath on the Holy Evangels of Almighty God day of March 1812 that the foregoing Instrument of writing is the true whole will 25 ter and Testament of John Martin Deer late of Frederick County Deceased all that hath come to his hands and possession and that he doth not know of any other
Richd Butter Regrs
Frederick County to wit on the 23rd day of March 1812 then came off Jacob Cramer Ephraim Ridge and John Cramer the three subscribing Witnesses to the foregoing last will & Testament of John Martin Deer late of Frederick County Deceased and made Oath on the Holy Evangels of Almighty God that they did see the Testator therein named sign & Seal all 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.
Richd Butter Regr
Johan Martin "Hans" Derr, Jr. is my 5th Great Grand Uncle
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1. Federick County, Maryland, https://www.familysearch.org/ark:/61903/3:1:3QS7-L9S1-ZGK4: pages 282, 283 & 284; Deed Book GM & RB 1 Johan Martin Derr Jr.; Family History Library, Salt Lake City, Utah
