Old Wills

1804 Will of Charles Elder, Sr. – Frederick County, Maryland

Today we travel to Frederick County, Maryland, for a will written in 1804 by my fifth great-grandfather, Charles Elder, Sr.  Charles was the son of William Elder and Ann Wheeler, born about 1730.  He married Julia Ward, daughter of Augustine Ward, and to my knowledge, had six children.  I descend from Mary Ann, the eldest child, born November 15, 1761.  She married Charles Montgomery; the couple eventually moved to Washington County, Kentucky.  Since most of Charles Elder, Sr.’s, children are not mentioned in his will, I was happy to see Mary Ann’s name, and with her married name, to link her to her father.  The other five children of Charles Elder and Julia Ward were Richard, John, Walter, Bennet and James.  Bennet died in May of 1804, just before his father’s death.

Will of Charles Elder, Sr.

Frederick County, Maryland, Will Book No. 1, 1803-1809, Pages 33-34

To all whom it may concern.  Whereas my son, Bennet Elder, deceased, has been faithfully working of me several years before he was married and after his being of age, in consideration thereof, I give to his children, Viz. Charles Elder, Harry Elder, Elexius Elder, Benedict Elder and Elizabeth Elder, the sum of one hundred and fifty pounds to be equally divided amongst them over and above a child’s part which they are to get from my estate.  And, whereas my daughter, Mary Ann Montgomery, has received the value of one hundred pounds in slaves, this sum is to be deducted from her share of my inheritance.  And whereas my son James Elder has received the sum of seventy-five pounds, this sum is also to be deducted from his share of my inheritance.  As witness my hand and seal this 8th day of May, one thousand eight hundred and four.

Charles Elder, Sr.

Witnesses present, Aloysius Elder, Guy Elder

Frederick County, Maryland                                         June 26th 1804

Then came Aloysius Elder, one of the

subscribing witnesses to the aforegoing last will and testament of Charles Elder, Sr., late of Frederick County, deceased, and made oath on the Holy Evangels of Almighty God that he did see the testator therein named sign and seal this will, that he heard him publish, pronounce and declare the same to be his last will and testament, that at the time of his so doing he was, to the best of his apprehension, of a sound and disposing mind, memory and understanding, that he subscribed his name as a witness to this will in the presence and at the request of the testator and that he did also see Guy Elder, the other subscribing witness, sign his name as a witness to said will in the presence and at the request of the testator and all in the presence of each other.

George Murdock, Registrar

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