Kent Co., MD Land Records: BC-6-414 [Benjamin Webb died Intestate-1800] ************************************************************************* USGENWEB ARCHIVES NOTICE: These electronic pages may NOT be reproduced in any format for profit or presentation by any other organization or persons. Persons or organizations desiring to use this material, must obtain the written consent of the contributor, or the legal representative of the submitter, and contact the listed USGenWeb archivist with proof of this consent. ************************************************************************ Contributed for use in USGenWeb Archives by Judith Webb Lockard KENT COUNTY LAND RECORDS BC-6-414 Maryland, Kent County *For* At a County Court of the Second judicial District of the State of Maryland, begun and held at the Court House in the Town of Chester in and for the said County of Kent on the third Monday of March being the eighteenth day of the said month in the year of our Lord one thousand eight hundred and eleven and in the thirty fifth year of the Independence of the United States of America-----HERE PRESENT Richard Tilghman Earle Esquire Chief Judge The Honorable Samuel Purnele Thomas Worrell Esquire Associated Judges Edward Wilkins, Esquire Sheriff and Benjamin Chambers,Clerk In the record of proceedings of the said Court amongst others were the following to wit,- Be it remembered that on the eleventh day of June in the year of our Lord one thousand eight hundred and three David Webb and William Webb by William Scott their attorney, prefers to the Court here their petition in the following words, to wit, "To the Honorable the Justices of Kent County Court, The petition of David Webb and William Webb respectfully represents that your petitioners Priscilla the wife to a certain Joshua Marlay and James and Freeman Webb, Ann and Mary Standley, William, James and Elizabeth Marlay who are minors and under the age of twenty one years seized in fee of a Tract of land called New Town Resurveyed and a tract of land called Out Range lying and being in Kent County aforesaid which said tracts of land descended to your petitioners and the aforesaid Priscilla, wife to the aforesaid Joshua Marlay and the aforesaid James and Freeman Webb, Ann and Mary Standley and the said William, James and Elizabeth Marlay from a certain Benjamin Webb late of Kent County aforesaid who died intestate your petitioners therefore pray your Honors to appoint and issue a Commission (according to the Act of Assembly in such case made and provide to five discreet sensible men to adjudge and determine whether the tracts of land above mentioned will admit of being divided without injury or loss to either of the parties entitled and to ascertain the value of the said lands in current money and if the said lands can in the opinion and judgement of the commissioners, or a majority of them, be divided without loss or injury to either of the said parties entitled, that they will then divide and make partition of the same fairly and equally in value between the parties interested according to their several just proportions and your petitioners will pray for Wm. Scott for petitioners." Whereupon the court here being fully satisfied that the requisiter of the said Act, entitled "An act to direct descents, the court here appoint James*-------------* has vice and thereupon order and direct. *------* Blackiston, Edward Eubanks and Kennard Blackiston five discreet sensible men of the County aforesaid and which said Commission accordingly issues in the following words, today "Kent County for the State of Maryland To Doctor John Thomas, John Comegys, Lewis Blackiston, Edward Eubanks and Kennard Blackiston of Kent County gentlemen, greeting. Whereas at a County Court begun and held at the Court House in the Town of Chester in and for the said County of Kent on the third Monday of March in the year of our Lord one thousand eight hundred and three, David Webb and William Webb of Kent County prefers to the Justices of the said County Court their petition setting forth and alleging, "That their petitioners and Priscilla the wife to a certain Joshua Marlay and James and Freeman Webb, Ann and Mary Standley, William, James and Elizabeth Marlay, who were minors and under the age of twenty one years were seized in fee of a tract of land called New Town Resurveyed and of a tract called Out Range lying and being in Kent County aforesaid which said tracts of land descended to their petitioners and the aforesaid Priscilla wife to the aforesaid Joshua Marlay and the aforesaid James and Freeman Webb, Ann and Mary Standley and the said William, James and Elizabeth Marlay from a certain Benjamin Webb late of Kent County aforesaid who died intestate their petitioners therefore prayed their Honors to appoint and *face* a Commission (according to the act of assembly in such case made and *-----*, to five discreet sensible men to adjudge and determine whether the tracts of land above mentioned would admit of being divided without injury or loss to either of the parties entitled and to ascertain the value of the said lands, in current money and if the said lands could in the opinion and judgement of the Commissioners or a majority of them, be divided without loss or injury to either of the said parties, entitled that they would then divide and make partition of the same fairly and equally in value between the parties interested according to their several just proportions" which said petition was by the said court granted. Be it therefore know, that the said Court having great confidence in your prudence and integrity have thereupon given you or a majority of you, and by these presence do give you or a majority of you, full power and authority to enquire whether the said allegations be true and if true to go to and enter upon, the aforesaid tracts of land of the said Benjamin Webb and if the same will admit of division without loss or injury to the parties interested, that you or a majority of you (first taking oath hereunto annexed and giving notice to all the parties intrested) value and appraise the same in current money and proceed to divide and make *partition* of the said tracts of land among the representatives of the deceased, according to law in shares equal according to situation quality and everykind of advantage, and you or a majority of you, shall cause the respective share, if necessary to be ascertained bounded and laid off by the County Surveyor or any other person properly qualified, and you or a majority of you, shall allot to the said representatives, their shares of said lands, and after such allotment or partition, make return of your proceedings under hand and seal to the next County Court, which shall happen thereafter, and if you or a majority of you are of opinion that the said tract of land cannot be divided without loss or injury to all the parties interested thereon, you or a majority of you shall under hand and seal make return to the said County Court of your judgement and the reason upon which the same is formed and the real value of the said tracts of land so descending to the representatives of the deceased and this shall be your sufficient authority Witness the honorable James Tilghman Esquire Chief Justice of the County Courts in the Second Judicial District of the State of Maryland, the twenty first day of March Anna Dimini One thousand eight hundred and three. Issued the twenty first day of September Anna Domini One thousand eight hundred and three. Thomas Worrell, Clk. Commissioner's Oath Kent County *for* Be it remembered that on the Seventh day of October in the year of our Lord one thousand eight hundred and three, personally appeared John Comegys, Lewis Blackiston, and Kennard Blackiston, Doctor John Thomas and Edward Eubanks before me the subscriber one of the Justices of the Peace of the State of Maryland for Kent County aforesaid and made oath in the Holy Evangely of Almighty God that in pursuance of the within Commission they will *---* and truly and without favours, partiality or predjudice adjudge and determine whether the Estate within mentioned will admit of being divided without injury and loss to all the parties entitled and that they will ascertain the value of such Estate in current money, and if the said Estate can in their opinion and judgement, or in the opinion and judgement of a majority of them, be divided without loss and injury to all parties entitled, that then they will divide and make partition of the same fairly and equally in value between all the parties interested, according to their several just proportions. Sworn before John Thomas, Doctor John Thomas and Edward Eubanks sworn before me John Comegys,"- And now here, at this day, to wit, the Second Monday of October being the Tenth day of the said month in the year Eighteen hundred and three, the commissioners aforesaid make return to the Court here of the said Commission, with their report and return thereto annexed, and where is contained in the following words, to wit," Kent County *For*. By virtue of the commission to us directed and hereunto annexed, from Kent County Court, we the subscribers commissioners therein named do return to Kent County Court that on the Seventh day of October in the year Eighteen hundred and three, we, and each of us , generally, to wit, John Comegys, Lewis Blackiston, Kennard Blackiston, and Edward Eubanks took the oath prescribed by law before John Thomas Esquire one of the Justices of the Peace for Kent County. We further certify and return, that the said John Thomas being one of the commisioners named in the annexed commission, after qualifying, the Commissioners aforesaid and before we proceeded in the execution of the commission aforesaid, also took the oath prescribed by law before John Comegys Esquire one of the commissioners qualified as aforesaid. We further certify that we gave ten days notice to David Webb and William Webb and Joshua Marlay and Priscilla his wife, and also to James Howell GUARDIAN to James and Freeman Webb, Ann and Mary Standley and James and Elizabeth Marlay the parties concerned, before any proceeding was had; we further certify that we met together on the land and having made an accurate view and observation of the said land and premises, and having caused the same to be surveyed, we did thereupon adjudge and determine that the said land will not admit of a division among all the parties entitled without considerable loss and injury to all of the parties interested; we further return to the court the reasons upon which we found our opinion, to wit. That the land will not admit of a division into shares of fifty acres to each of the parties entitled there being but the quantity of two hundred and three acres and one-fourth of an acre, that the land is not worth more than Fifteen Pounds, ready money per acre, that the land is so inconsiderable in value and quantity and the valuation and forms such it being an oblong with a small quantity of woodland at one end and the residue at the other end, that it divided among the heirs of the first class who are three in number, one share must be entirely cut off from wood the other but an inconsiderable portion both as quantity and quality and the third would consist almost entirely of woodland. We therefore proceeded to value the same in current money agreeably to the directions of the said commission and do return the same worth the sum of nine dollars current money per acre. In witness whereof we have hereunto set our hand and affixed our seals this tenth day of October in the year of our Lord Eighteen hundred and three. John Comegys(seal) John Thomas(seal) Lewis Blackiston(seal) Edward Eubanks(seal) NOTE- "A" represents the beginning of New Town Resurveyed "B" the beginning of this part of Out Range "C" the beginning of the dividing line---- Part of New Town Resurveyed, Beginning at the end of 25 "ps" south by East from a small Birch sappling now bounded which comes about five feet west from a white Oak it being the original beginning of New Town, and running East by South 109 "ps" then South 4ø degrees, West 56 "ps" till it intersects with a tract of land called Chesterfield then with that tract West 100 "ps" then with the same tract South 61 "ps" till it intersects with New Town originally then West 145 "ps" till it intersects with a tract of land called Out Range then with that land North East and by North 136 "ps" then with Out Range North West and by West 70 "ps" to the first line of the original tract of New Town then East 35 "ps" to a tract of land called Chance then South 7 "ps" to a corner of Chance then with a straight to the beginning. Part of a tract of land called Outrange beginning at a marked Chestnut tree standing at the end of 73 "ps" on the North West by west line of a tract and running South 63ø West 97 "ps" then South East by south 91 "ps" to the main road leading from the Head of chester to Duck Creek then with the road the three following courses *---*.--- South by East 14 "ps", north 78ø East 14 "ps", south 71ø East 11"ps", to the first line of the original tract then North East by North 106"ps" then with a straight line to the beginning containing in the two parts of tracts together 203¬ acres------- The part allotted to David Webb contains----- 78« Acres The part allotted to William Webb contains--- 124 Acres 203¬ Acres The division line between them is as follows- beginning at a Gum tree by the side of which a stone is filled. Being the end of the West line of a tract of land called Chesterfield and running North 77ø West 72 "ps" then North 22«ø West till it intersects with the out lines of the New Town Resurveyed , the part to the Eastward of the said division line is laid off for David Webb and contains 78« acres and the part to the Westward is laid off for William Webb and contains 124 acres. Thereupon further process of and upon premises aforesaid by consent of the said petitioners and their attorney aforesaid and by order of the Court here thereon is further continued until the third Monday of March next. At which mentioned third Monday of March in the year one thousand eight hundred and four came again into County Court here the said petitioners by their attorney aforesaid. And thereupon further process of and upon the premises aforesaid by consent of the said petitioners and their attorney aforesaid and by order of the Court here thereon is further continued until the Second Monday of October in the year Eighteen hundred and four aforesaid came again into the County Court here the petitioners aforesaid by their attorney aforesaid. Thereupon further process of and upon the premises aforesaid by consent of the said petitioners and their attorney aforesaid and by order of the Court here thereon is further continued until the third Monday of March next. At which mentioned third Monday of March in the year Eighteen hundred and five. Came again into the County Court here the said petitioners by their attorney aforesaid. Thereupon further process of and upon the premises aforesaid by consent of the said petitioners and their said attorney and by order of the Court here thereon is further continued until the Second Monday of October next. At which mentioned Second Monday of October in the year of our Lord one thousand eight hundred and five aforesaid came again into the County Court here the petitioners aforesaid by their attorney aforesaid. Thereupon further process of and upon the premises aforesaid by consent of the said petitioners and their attorney aforesaid and by order of the Court here thereon is further continued until the third Monday of March next. At which mentioned third Monday of March being the Seventeenth day of the said month in the year Eighteen hundred and six came again into the County Court here the said petitioners by their attorney aforesaid. Whereupon the return of the Commissioners aforesaid being read and considered and mature deliberation thereupon had, it is considered by the Court here, that the judgement of the Commissioners and the return aforesaid be confirmed, it is also considered by the Court here that Priscilla Marlay, the eldest Heir of the said Benjamin Webb may elect to take the said lands at the valuation and pay to the other representatives their just proportion of the value thereof in money, but the said PRISCILLA MARLAY files in Court here the following REFUSAL in writing and which is contained in the following words to wit, "To the Honorable the judges of Kent County Court gentlemen, AS THE ELDEST HEIR OF BENJAMIN WEBB LATE OF KENT COUNTY WHO DIED INTESTATE, I DO HEREBY RENOUNCE AND FOREVER RELINQUISH MY RIGHT OF ELECTION (UNDER THE ACT OF ASSEMBLY ENTITLED, "AN ACT TO DIRECT DESCENTS," TO TAKE THE ESTATE OF THE SAID INTESTATE UPON WHICH ESTATE A COMMISSION (UNDER THE SAID ACT) HATH ISSUED FOR A DIVISION THEREOF AMONG THE RESPECTIVE HEIRS. AS WITNESS MY HAND THIS TWENTY SIXTH DAY OF MARCH 1806. WITNESS- PRISCILLA STANDLEY PRISCILLA X MARLAY I certify that the above mentioned Priscilla Standley came into Court and made an oath in open court that she saw Priscilla Marlay make the above mark and that she did the same freely and willingly. Attest Tho. Worrell Clk. Thereupon the court here, order and direct that the Commissioners appointed to divide the lands of Benjamin Webb deceased or a majority of them be and are hereby directed to sell the said lands of the said Benjamin Webb deceased on the following, terms, to wit. To be sold on a credit of two years, bond with security ( at the discretion of the Commissioners) to be given for the repayment of one-half the purchase money in one year from the day of sale with interest from the date thereof and the remaining half in two years from the day of sale with interest from the sale thereof, Male heirs to be paid in six months after they arrive at the age of Twenty one years and Female heirs to be paid in six months after they arrive at Sixteen years of age.--- Thereupon further process of and upon the premises aforesaid by consent of the said petitioners and their attorney aforesaid and by order of the Court here thereof is further continued until the third Monday of September next. At which mentioned third Monday of September being the fifteenth day of the said month in the year Eighteen hundred and six aforesaid. Came again into the County Court here the petitioners aforesaid by their attorney aforesaid and the Commissioners aforesaid make no returns to the court here of the order of sale aforesaid-- Thereupon further process of and upon the premises aforesaid by consent of the said petitioners and their attorney aforesaid and by order of the Court here thereon is further continued until the third Monday of March next. At which mentioned third Monday of March in the year of our Lord one thousand eight hundred and seven came again into the County Court here the petitioners aforesaid by their attorney aforesaid and the Commissioners aforesaid make no return to the Court here of the order of sale aforesaid. Thereupon further process of and upon the premises aforesaid by consent of the said petitioners and their attorney aforesaid and by order of the Court here thereon is further continued until the third Monday of September next at which mentioned third Monday of September in the year Eighteen hundred and seven aforesaid came again into the County Court here the said petitioners by their attorney aforesaid and the Commissioners aforesaid make no return of the order of sale aforesaid. Thereupon further process of and upon the premises aforesaid by consent of the petitioners aforesaid and their said attorney and by order of the Court here thereon is further continued until the third Monday of March next-- At which mentioned third Monday of March in the year one thousand eight hundred and eight- Came again into the county Court here the petitioners aforesaid by their attorney aforesaid and the said Commissioners make no return on the order of sale aforesaid. Thereupon further process of and upon the premises aforesaid by consent of the said petitioners and their attorney aforesaid and by order of the Court here thereon is further continued until the third Monday of September next. At which mentioned third Monday of September in the year Eighteen hundred and eight aforesaid came again into the County Court here the said petitioners by their attorney aforesaid and the said Commissioners make no return of the order of sale aforesaid. Thereupon further process of and upon the premises aforesaid by consent of the said petitioners and their attorney aforesaid and by order of the Court here thereon is further continued until the third Monday of March in the year Eighteen hundred and nine. Came again into the County Court here the petitioners aforesaid by their attorney aforesaid and the said Commissioners make no return of the order of sale aforesaid. Thereupon further process of and upon the premises aforesaid by consent of the said petitioners and their said attorney and by order of the Court here thereon is further continued until the third Monday of September next. At which mentioned third Monday of September in the year of our Lord one thousand eight hundred and nine aforesaid. Came again into the County Court here the petitioners aforesaid by his attorney aforesaid and the Commissioners aforesaid make no return of the order of sale aforesaid. Thereupon further process of and upon the premises aforesaid by consent of the said petitioners by their attorney aforesaid and by order of the court here thereon is further continued until the third Monday of March next. At which mentioned third Monday in March in the year of our Lord one thousand eight hundred and ten. Came again into the County Court here the said petitioners by their attorney aforesaid and the said Commissioners make no return of the order of sale aforesaid. Thereupon further process and upon the premises aforesaid by the consent of the petitioners aforesaid and their attorney aforesaid and by order of the Court here thereon is further continued until the third Monday of September next. At which mentioned third Monday of September in the year of our Lord one thousand eight hundred and ten aforesaid. Came again into the County Court here the said petitioners by their attorney aforesaid and the Commissioners aforesaid make no return of the order of sale aforesaid. Thereupon further process of and upon the premises aforesaid by the petitioners and their said attorney and by order of the Court here thereon is further continued until the third Monday of March next.----- And now here at this day, to wit on the said third Monday of March being the eighteenth day of the said month in the year of our Lord one thousand eight hundred and eleven, Comes again into the County Court here the said David and William Webb, petitioners aforesaid by William Scott their said attorney and the Commissioners aforesaid make return to the Court here of the said order of sale with their report and return thereunto annexed and which is contained within the following words and of the *tenor* following, to wit, Kent County *For* We the subscribers Commissioners appointed by the honorable the Judges of Kent County Court to divide the lands of Benjamin Webb late of said County deceased, in persuance of the provisions of the Act of Assembly of the State of Maryland entitled "An Act to Direct Descents," do return to the Honorable the judges of Kent County Court that by virtue of the order hereto annexed we advertised the said lands for public sale and did agreeable to the notice contained in the said advertisement offer the same at public sale, when William Webb became the purchaser thereof at the rate and for the sum of seven dollars current money paid amounting in the whole to the sum of fourteen hundred and twenty two dollars and seventy five cents current money that after deducting there from the sum of three hundred and forty five dollars Eighty four cents the amount of principal interest and costs of *---* of a judgement obtained in Kent County Court at March term Eighteen hundred and eleven by Cornielius Comegys administration of *Malacki* Ambrose for the use of James Armstrong against David and William Webb and other heirs of BENJAMIN WEBB WHO WAS HEIR OF JOHN WEBB the said William Webb assuming upon himself the payment of the said judgement and also deducting thereupon the sum of seventydollars and ninety five cents current money allowed by the said Court to David and William Webb for their expenses in processing and prosecuting the Commission and order for the sale of the said lands we divided the purchase money among several parties entitled and took the said William Webb's bond with David Webb and William Anderson his securities for the payment of the same in the manner and to the several persons herein after mentioned and named. That is say, to DAVID WEBB-AN UNCLE AND ONE OF THE HEIRS OF THE SAID BENJAMIN WEBB, we took the said William Webbs Bond with William Anderson his security for the payment of the sum of one hundred and sixty seven dollars and sixty five cents with interest thereon from the Seventh day of March last which was the day of sale of the said lands payable in two equal annual installments to Joshua Marlay in right of his WIFE PRISCILLA- AN AUNT , AND ANOTHER OF THE SAID HEIRS, we took the said William Webbs Bond with David Webb his security for the payment of the sum of one hundred and sixty seven dollars and sixty five cents with interest thereon from the day of sale aforesaid payable in two equal annual installments, to JAMES WEBB, THE SON OF ROBERT WEBB, DECEASED-AN UNCLE OF THE SAID BENJAMIN WEBB DECEASED and another of the Heirs we took the said William Webb's Bond with David Webb and William Anderson his securities for the payment of the sum of eighty three dollars and eighty two cents and a half with interest from the day of sale aforesaid payable in two equal installments; to FREEMAN WEBB ANOTHER SON OF THE SAID ROBERT WEBB, and also another Heir of the said intestate we took the said William Webb's Bond with David Webb and William Anderson his securities for the payment of the like last aforesaid sum of money with interest as aforesaid in six months after he arrives to the age of twenty one years to ANN STANDLEY, THE DAUGHTER OF HANNAH STANDLEY, FORMERLY HANNAH WEBB, DECEASED, AN AUNT OF THE SAID INTESTATE and another of the Heirs we took the said William Webb's Bond with David Webb and William Anderson securities for the payment of the sum of Eighty three dollars and Eighty two and an half cents with interest from the day of sale aforesaid and payable in two equal annual installments; To EBENEZER MASSEY, IN RIGHT OF HIS WIFE MARY, WHO WAS ALSO A DAUGHTER OF THE SAID HANNAH, we took the said William Webb's Bond with David Webb and William Anderson his securities for the like last aforessaid sum of money with interest as aforesaid in the manner aforesaid to,WILLIAM MARLAY (THE SON OF LETITIA MARLAY, FORMERLY LETITIA WEBB, DECEASED,-AN AUNT OF THE SAID BENJAMIN WEBB, and another of the Heirs, we took the said William Webb's Bond with David Webb And William Anderson his securities for the payment of the sum of Eighty three dollars and eighty two and an half cents with interest from the day of sale aforesaid and payable in two equal annual installments; to JAMES MARLAY, ALSO A SON OF THE SAID LETITIA, and another of the Heirs we took the said William Webb's Bond with David Webb and William Anderson his securities for the payment of in like manner of the like part aforesaid sum of money with interest as aforesaid, We further return to the Court that ELIZABETH MARLAY, Named in the petition of the said David and William which was preferred to the said Court for the division of the said lands as one of the said Heirs of the said Benjamin Webb, HATH DIED INTESTATE AND WITHOUT ISSUE SINCE THE RETURN AND CONFIRMATION OF THE COMMISSION and the proceedings therein in this case and that we have allotted her part or share of the proceeds of the said lands to her brothers WILLIAM AND JAMES MARLAY; We further return that we allotted to WILLIAM WEBB WHO IS ALSO AN UNCLE AND ONE OF THE HEIRS OF THE SAID BENJAMIN WEBB, the sum of one hundred and sixty seven dollars and sixty five cents at the part or share of the proceeds of the sale of the said lands. On Testimony whereof we have hereto set our hands this this tenth day of April in the year of our Lord Eighteen hundred and eleven-------- John Thomas Lewis Blackiston Edward Eubanks Whereupon the return last aforesaid being read and considered and mature deliberation thereupon it is the consideration and adjudged by the Court here that the return last aforesaid in form aforesaid made by the said Commissioners be satisfied and confirmed, and that the said return to receive and recorded agreeably to the act of assembly aforesaid.--- ==================by Attest-Ben Chambers Clerk