Brake Family History

Johan Jacob BRAKE, Sr.'s Will

We know very little about the elder Brake family. Johan Jacob Brake Sr. and his wife Mary Margaret were probably born in Germany. When they immigrated to America is unknown, although it was before the marriage of their son, Jacob Brake Sr., which probably took place before 1750, likely in Pennsylvania. Johan Jacob Brake Sr. died in Frederick County, VA towards the end of 1758. Prior to his death he drafted the following will.

In the name of God Amen the 18th day of August one thousand seven hundred fifty eight, I, John Jacob Braeak being sick of body but of perfect mind and memory thanks be given unto God therefore calling into mind the mortality of my body and knowing that it is appointed for all men once to die do make and ordain this my last Will and Testament. That is to say principally and first of all, I give and renounce my soul unto Almighty God that gave it and my body I recommend to the earth to be buried in decent Christian Burial at the discretion of my executors nothing doubting but at the general resurrection I shall receive the same again by the Power of God and as something such worldly estate wherewith it hath pleased God to bless me with in this life I give, demise and dispose of the same in manner following. I give and bequeath to Mary Margret my dearly beloved wife all and singular to live and to her use and that she may leave it to whom she please at her decease. Accepting to my son Martin that is now in Germany, Elizabeth House, Catherine Gryder and Margret Batchler five shillings to each of them and I do hereby revoke all former wills as witness my hand the day of year above mentioned.

Witness present
George Ludwick Hochimer        John Jacob Break mark
Moses Striker
Lawrence Stephens
At a Court held for Frederick County June 1st, 1760 this Last Will and Testament of John Jacob Brake was proved by the oath of Moses Striker and Lawrence Stevens witnesses thereto and ordered to be recorded and Margaret Brake, Widow of the said deceased, having made thereto Certificate for obtaining administration of all and singular the goods and chattels, rights and credits of the said descendents with this said will annexed is granted her, she having with Leonard Cooper her security entered into and acknowledged bond in the penalty of two Hundred Pounds for the faithfully administration of the said estate.

By the Court,
I.A. Keith[1]

Know all men by these presents that I, Margaret Brake, and Leonard Cooper are held and firmly bound unto Thomas Speake, Lewis Moore, Joseph Glass and Joseph Landgon Justices in the Commission of the Peace for Frederick County in the sum of two hundred pounds to be paid to the said justices, their creditors, administratios (sic) and assings (sic) to which payments will and truly to be made we bind ourselves and every of our heirs, executors and administrators jointly and severally firmly by those presents sealed with our seals and dated this first day of June 1762.

The condition of this obligation is such that if the above bound Margaret Brake Administratrix with the Last Will and Testament of Jacob Brake deceased annexed to make or cause to be made a true and perfect inventory of all and singular the good, chattels and credits of the said deceased which goods, chattels and credits of the said deceased which have or shall come to the hands possession or knowledge of her, the Said Margaret Brake, the hands or possession of any other person or persons for her and the same so bade do exhibit or cause to be exhibited unto the County Court of Frederick at such time as it shall be thereto required by the said Court and the same goods, chattels or credits of the said deceased at the time of her death which at any time after shall come to the hands of possession of the said Margaret or into the hands if possession of any other person or persons for her to well and truly administer according to Law and further do make a Just and true account of her actings and doings therein when thereto required by the said Court and also do well and truly pay and deliver all the Legacies contained and specifyed in the said Testament as far as the said Goods, Chattels and Credits will thou unto extend according to the value thereof and as the Law shall charge deal in this obligation is bound otherwise to remain in full Force and Value.

Signed and Sealed and Delivered        Mary E. Brake     seal
in the presence of[2]
Leonard Cooper

At a Court held for Frederick County June 1st, 1762. This Bond was acknowledged by Mary Brake and Leonard Cooper parties thereto and ordered to be recorded.

By the Court,
J.A. Keith, C.C.

A small appraisement of his estate was recorded on August 4, 1762 in Frederick County, VA. Note that Margaret signed the above document Mary E. Her name may have been Maria Margaretha Elizabetha or this may be a clue to her maiden name. After finalizing her obligations to her husband's estate, Margaret may have left Frederick County with her son, Jacob Brake Sr. and settled on the South Branch. In November of 1767 a Margaretha Brechtel is recorded on a list of communicants from the South Branch in the records of the Evangelical Reformed Church of Frederick, MD.[3]

[1]Frederick Co. Will Bk:3, p. 50.

[2]No one listed on the original.

[3]Armstrong, David, he cites Hinke, William J., p. 384.

Page maintained by Dan Hyde, hyde at Last update September 23, 1998