Will of James B. Higgins
Montgomery County, Maryland
Will Book 3: 1-2
Written 9 May 1844
Filed 1 August 1848
“In the name of God Amen, I James B. Higgins of Montgomery County in the State of Maryland do make, execute, publish and declare the following as and for my last will and testament, viz: I give devise and bequeath to my sons Johnᵒ H. Higgins and Charles A. C. Higgins one twelfth part being a childs part of all the real and personal estate I may leave at the time of my death, after my debts & funeral charges have been paid and my wife’s dower and thirds have been taken out (if she should survive me) to them and their heirs or the heirs of the survivor of them in trust, for the use and benefit of Margaret Rebecca Higgins, wife of Jesse T. Higgins and the children of the said Margaret Rebecca and Jesse T. Higgins now begotten or which may hereafter be begotten during the life of the said Margaret Rebecca and after the death of the said Margaret Rebecca in trust for the children of the said Margaret Rebecca and Jesse T. Higgins, their heirs and assigns equally to be divided between them.
And in consideration of the preceding devise to and for the use and benefit of the wife and children of my son Jesse T. Higgins, I will and direct that he shall have no part of my estate real or personal but that the residue thereof be divided and disposed of as if I had died intestate among all my children (except the said Jesse T. Higgins) their heirs and assigns.
In testimony whereof, I have hereunto set my hand and affixed my seal this ninth day of May eighteen hundred and forty four.
Signed, sealed, published and}
declared by the above named tes-}
tator, as and for his last will and}
testament, in our presence, who at} James B. Higgins [seal]
his request, in his presence and in}
the presence of each other, have sub-}
scribed our names as witnesses thereto}
H. Franklin Viers}
Montgomery County to wit: On this 1st day of August 1848 came H. Franklin Viers one of the subscribing witnesses to the last will and Testament of James B. Higgins late of said County deceased and made Oath on the Holy Evangely of Almighty God that he did see the testator herein named sign and seal this will and that he heard him publish, pronounce and declare the same to be his last will and testament and that at the time of his so doing he was to the best of his apprehension of sound and disposing mind, memory and understanding and the he subscribed his name to this will as a witness in the presence and at the request of the testator, also in the presence of William O. Chappell and
[page 2] Richard Ricketts the other subscribing witnesses thereto,
Certified by Henry Harding Register
[Seal of Montgomery County]
Know all men by these presents, that we Charles A.C. Higgins, George Knowles and John H. Higgins of Montgomery County are held and firmly bound to the State of Maryland in the sum of Ten Thousand dollars, current money, to be paid to the State aforesaid or its certain Attorney to which payment will and truly to be made, we bind ourselves, our heirs, executors and administrators jointly and severally, firmly by these presents, sealed with our seals, and dated this first day of August in the year of our Lord one thousand eight hundred and forty eight.
The conditions of the above obligations is such, that if the above bounden Charles A. C. Higgins shall well and truly perform the office of Administrator with the will annexed of James B. Higgins, late of Montgomery County deceased, according to law, and shall in all respect discharge the duties of him acquired by law, as Administrator aforesaid, without any injury or damage to any person interested in the faithful performance of the said office, then the above obligation shall be void: it is otherwise to be in full force and virtue in law.
Signed, Sealed and C. A. C. Higgins [seal]
delivered in the presence of George Knowles [seal
C. A. Harding John H. Higgins [seal]
State of Maryland Montgomery County Orphans Court August 2nd 1848
Then came Charles A. C. Higgins and made Oath on the Holy Evangely of Almighty God that he will well and truly administer the goods, chattels, personal estate and credits of James B. Higgins late of said County deceased to the best of his knowledge according to law and will give a just account of his administration when thereto he shall be lawfully called and that he will diligently and faithfully regard and well and truly comply with the provisions of the Acts of Assembly passed at December Session 1844 entitled “an Act imposing a tax or commissions allowed to Executors and Administrators to aid in paying the debts of the State” and an Act entitled “an Act imposing a tax on collateral inheritances, distributive shares and legacies to aid in paying the debts of the State.”
Henry Harding Register”
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© 2014 transcription by Deborah Sweeney
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