Charles H KLINE

George married Nancy ZENTMYER 20 Mar 1845, Roxbury, Maryland. Nancy (daughter of Jacob ZENTMYER and Mary Ann PROTZMAN) was born 6 Feb 1822; died 11 Feb 1902, Boonesboro, Maryland; was buried Boonesboro Cemetery, Boonesboro, Maryland. [Group Sheet]

Jacob married Mary Ann PROTZMAN 14 Dec 1813, Hagerstown, Washington Co., Maryland. Mary was born 12 Oct 1796; died 3 Aug 1876, Wolfsville, Frederick Co., Maryland; was buried St. Marks Church, formerly Wolfsville Lutheran Church. [Group Sheet]

Notes:

There is much additional material related to Christopher on the York Co. and Franklin Co. pages on this web site.



The deed by which Christopher conveyed his farm to his son Daniel was also his will, a shrewd legal strategy, see 'Third' below. But it is an interesting document for several reasons.

First, John Wesley Zentmyer was a special grandson to Christopher and Barbara Zentmeyer. When the will was written in 1824, there was a special provision for John to receive two hundred dollars from the estate at Christopher's death. By 1824 Christopher had as many as eighteen additional grandchildren, none of whom were similarly provided for. The will also indicates that one John Zentmyer was living nearby at that time, and since Christopher's son John was living in Brownsville, Virginia by then, one must conclude the John residing near Christopher's farm must have been John Wesley Zentmyer. The will also provided for a shed to be built and finished adjoining John Zentmyer's house for Christopher to enjoy during the remainder of his natural life. So it appears John Wesley Zentmyer and his wife Eleanor cared for grandparents Christopher and Barbara into their old age, and were therefore rewarded in the will.

Second, the will illuminates for us the diversity of economic activity on the farm. There are references to crops of wheat, rye, corn, hay, and apples; a stable with cows, horses, cattle, and hogs; a weaver shop, and wool, so presumably sheep; and firewood production indicating logging.

Third, the will presented an interesting legal question, namely do certain economic provisions in a grant deed survive a foreclosure. The deed stated that "Daniel Zentmeyer engages to give to his father Christopher Zentmeyer yearly and every year during his natural life and the life of his wife Barbara twenty bushels of wheat, twenty bushels of rye, and twenty bushels of corn, also two good loads of hay, and one third of the rows of apple trees divided the short way and pasture two cows and one horse with his own cattle also to let them keep four hogs which are to run with his hogs." Neighbor George Harbaugh took title to the farm in 1828 after a foreclosure sale, and ceased fulfilling the provisions Christopher had specified in the deed. The Zentmeyers sued Harbaugh. The court held: "I look upon it as a covenant to pay rent in kind; and if it be, it is a covenant running with the land, and the defendant is clearly liable; for, upon such covenants, which concern real property, or the estate therein, the assignee of the lessee is liable for an action for a breach of covenant after the assignment of the estate to him." So Harbaugh was required to continue to supply the goods and services to Christopher as required in the deed, a much better result than had Christopher simply written a will.

Johann married Barbara LAUMAN 22 Apr 1777, St. James Episcopal Church, Lancaster, Pennsylvania by Rev. Barton. Barbara was born Abt 1750, Pennsylvania; died Jan 1844, Washington Twp., Franklin Co., Pennsylvania; was buried Zentmyer Cemetery, Washington Twp., Franklin Co., Pennsylvania. [Group Sheet]