File contributed for use in USGenWeb Archives by Susan Sorge.
petsus@erols.com
http://searches.rootsweb.com/usgenweb/archives/md/allegany/wills/humbird_f.txt
USGENWEB NOTICE: In keeping with our policy of providing free information on the Internet, data may be freely used by non-commercial entities, as long as this message remains on all copied material. These electronic pages may NOT be reproduced in any format for profit or presentation by other organizations.
_________________________________________________________________________
Will of Fannie Elder Humbird
In the name of God Amen, I, Fannie Elder Humbird, being of sound mind, memory and disposition, and wishing to dispose of my earthly affairs, according to wish, before it shall please Almighty God to call me hence, do make and publish this my Last Will and Testament in manner following: After my just debts and funeral expenses are paid, I will and devise all my property as follows:
ITEM: I give, devise and bequeath unto my dear beloved husband, J. Wilson Humbird, all my property, real, personal and mixed, of every kind and wheresoever situate, unto him, his heirs, executors, administrators and assigns, in fee simple, as to realty and absolutely as to personality.
If I should survive my husband, J. Humbird Wilson, I direct and order that the proceeds of my estate, both real, personal and mixed, shall be applied to guarentee all provisions and pay out any and all bequests made by my said husband in his last will and Testament, in which his wishes are expressed as follows:
"Upon the death of my said wife, Fannie Elder Humbird, I will, devise and bequeath to Margaret Elder and James W. Elder, each $______ to be paid to either of them after the death of my said wife, Fannie Elder Humbird, when they arrive at the age of 24. During the minority of the said Margaret Elder and James W. Elder, they shall be supported, clothed, cared for and educated at the expense of my estate, and between the age of 21 and 24, they, or either of them shall receive from my estate, such sums for their support as may be deemed best for their interests, and upon the death of my said wife, Fannie Elder Humbird, I will , devise and bequeath the balance of my said property, real, personal and mixed, unto my daughter, Mary Humbird Offutt. In case my said daughter, Mary Humbird Offutt, shall have died leaving no issue or descendants, then in that case, I will, devise and bequeath all said remainder of my said property to Margaret Elder and James. W. Elder, children of my brother-in-law, William D. Elder of Chambersburg, Pennsylvania; if only one of living then, the whole to him or her and if both are living, then to them in equal shares".
And I do appoint my said husband, J.Wilson Humbird the Executor of this my last Will and Testament, and having every confidence that he will carry out and execute the intentions of this will as herein set forth, I do request the Orphans' Court of Garrett County that it do not require my said husband to give any executor's bond for the faithful performance of his executorship.
WITNESS MY HAND AN SEAL this 20th day of December 1917.
Fannie Elder Humbird(Seal)
THE AFOREGOING PAPER was on the above day signed, sealed, published and declared by Fannie Elder Humbird as and for her last Will and Testament, in our presence, who in her presence, at her request, and in the presence of each other, have signed our names hereto as witnesses thereof.
Anna Dickey Spier
Mollie Elizabeth Spier
CODICIL TO MY LAST WILL AND TESTAMENT
This instrument is a codicil to my last will and testament, made and executed by me on the 20th day of December, 1917, and hereto attached.
My husband, J. Wilson Humbird, having predeceased me, I hereby make the following changes and additions to my last will and testament above mentioned:
First: - By the will of my husband, J. Wilson Humbird, to which I have referred, and from which I have quoted in my last will, attached herto, James W. Elder, my nephew, and Margaret Elder, my niece, were given specific bequests of $_______, each, when they respectively reached a certain specified age. The estate of my deceased husband, J.Wilson Humbird, having been insufficent to meet these said specific requests, or any part thereof, and the respective legatees named having long since reached an age beyond 24 years, I do hereby give, devise and bequesth unto my said nephew and said niece, to wit, James W. Elder and Margaret Elder, out of my estate, real or personal or both, the sum of $_______ each.
Second:- I give, devise and bequeath all of my hpusehold furnishings as follows:- One-third (1/3) of such household furnishings jointly to my grandchldren, whose names are as follows:- Fannabell Doub, Mary Jane Burton, Helen H. Offutt, Humbird Offutt and Caroline Humbird; one_third (1/3) of such household furnishings to my nephew, James W. Elder; and one-third (1/30 of such household furnishings to my niece, Margaret Elder.
This bequest to be in addition to the specific bequests made in the first paragraph or item of this codicil in so far as the said James W. Elder and Margaret Elder are concerned. It is my wish that under no circumstances shall such household furnishings be sold by my executor as a part of my estate if it be humanly possible to meet these conditions otherwise.
Third: - I hereby appoint the Liberty Trust Company of Cumberland, Maryland, to be executor of my last will and testament and this codicil thereto.
Witness my hand and seal this 2nd day of March, 1938.
Fannie Elder Humbird
The aforegoing paper was, on the aforementioned date, signed, sealed, published and declared by Fannie Elder Humbird as and for a Codicil to her last will and testament, in our presence, who, in her presence, at her request, and in the presence of each other, have signed our names hereto as witnesses thereof.
Anna D. Spier
James J. Johnson, Jr.
WITNESSES
NOT FINISHED__________________________________