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358 undisposed of be her by deed contract or delivery In trust for the use and benefit of such person or persons or for such uses and purposes as the said Anna Maria Howard her coverture notwithstanding or whether covert or single shall or may by any instrument of writing in the nature of or purporting to be her last will & testament signed in the presence of and witnessed by two or more credible persons name direct limit or appoint and if no such nomination limitation or appointment shall be be made then in trust for all and every the child or children which the said Anne Maria Howard now hath or may hereafter have their heirs and assigns in equal proportions share and share alike the issue of any deceased child or children of the said Anna Maria Howard if any such issue then should be to take use and have the part share or proportion only to which the parent of such issue if living would be entitled and in case of the decease of any of the children of the said Anna Maria Howard unmarried or under age and without issue the part share or portion of him her or their so doing shall descend to the survivor or survivors of them in equal proportions share and share alike But in case the said Anna Maria Howard shall depart this life leaving a child or children or descendants of the same living at the time of her death and without exercising the power of nomination limitation or appointment above conferred then in trust for the use benefit and behoof of the said Allen Bowie Howard his heirs and assigns And lastly it is hereby declared that the said Thomas C. B. Howard trustee nor his executors administrators or assigns shall be in any manner liable or answerable for any casual or voluntary loss of damage that may happen or accrue to the said property or the interest increase or income thereof In Witness whereof the said Allen Bowie Howard hath hereunto set his hand and seal on the day and year first above written and the said Thomas C. B. Howard Trustee in testimony of his acceptance of the trust hereby above created hath also set his hand and seal on the said day and year Signed sealed and delivered in the presence A. B. Howard (seal) of J W Hunter, Owen M. Taylor T. C. B. Howard Trustee (seal) State of Maryland Anne Arundel County sct Be it remembered and it is hereby certified that on this eighth day of August in the year of our Lord one thousand eight hundred and forty nine before the subscribers two Justices of the peace of the state of Maryland in and for Anne Arundel County aforesaid personally appears Allen Bowie Howard he being known to us to be the person who is named and described and professing to be the party grantor to the foregoing deed or Indenture and doth acknowledge the said Indenture or instrument of writing to be his act and deed In Testimony whereof we hereunto subscribe our names on the day and year aforesaid J. W. Hunter Owen M. Taylor Anne Arundel County sct I certify that Thomas C. B. Howard has this day paid one dollar being the duty chargeable by law on this instrument of writing the receipt whereof is herein endorsed agreeably to the act of assembly of December session 1846 Chapter 61 Given under my hand this eighth day of August 1849 Jos. H. Nicholson Clk Recorded on the 8.th day of August 1849 Del.d to grantee Feb 27 1850 Cost $1.62½ paid |
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Anne Arundel County Court, Chattel Records, 1845-1851
| Volume 818, Page 358 View pdf image |
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