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REF.70

Will of Joseph Waltman

In the name of God Amen. I Joseph Waltman of Frederick County, State of Maryland, do make and publish this my last will and testament as follows: I will and direct that my body be decently buried by my executors herein after named, in the grave yard of the Evangelical Lutheran Church (New Jerusalem) at or near Lovettsville in the County of Loudon State of Virginia, and do authorize and direct my executors at the expense of my estate to erect tomb stones over the graves of my father, mother, step mother, brother Elias, my sister Elizabeth Sue, wife of Jonathan Wenner, and also my own grave. I authorize and empower my said executors to sell all my real and personal estate at public or private sale as whole or in part without the previous order of the Orphans Court for Frederick County. After the payment of all my just debts and funeral charges I give devise and bequeath as follows: The proceeds of sale of my real and personal estate, I charge with payment of my debts. Erection of tomb stones, as above provided, and all funeral expenses. I give and bequeath to the Treasury of the Evangelical Lutheran Church (New Jerusalem) formerly known as the Stone Church near Lovettsville in the County of Loudon, state of Virginia, the sum of one thousand dollars. The interest on which is annually to be applied to the repairs of the Church and the grave yard attached thereto.

I give devise and bequeath to William w. Wenner my brother in law and his heirs that portion of my land near Berlin. Now used as a grave yard and also a portion of land to be designated by him not exceeding and acre of land lying south of the grave yard and north of the rail road and north of the first street in the town of Berlin in trust to hold the same for the purposes of burial until the Incorporation of an Evangelical Lutheran Church or congregation in said town at which time I will devise and direct that he and his heirs convey such land to said church or congregation by its corporate name. I will devise and bequeath all the rest and residue of my estate from whatever source divided including proceeds of sale of land after payment of all debts, funeral expense costs of erecting tomb stones as herein before provided and the precumiary legatees bequeaths. By this my will in the following manner subject never the less to the express condition that in case any of the legatees precumiary or residuary shall prefer any claims account demand 1