Chancery Court: John Lodman Elbert vs. John L. Garey (1790-1794); Queen Anne 
County, MD

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Chancery Court, 1791MSA S512-2-1768, accession no MdHR: 17,898-1697-1/5
Location 1/36/1  John Lodman Elbert vs. John L. Garey
Transcription done by Cathy Downes
 
Petition of Mary Gordon, relict of Rev'd John Gordon of Talbot Cou. and 
executrix of James Gibson, late of TA Co., that James Gibson with a certain 
William Garey and Jacob Gibson both of Talbot County in the year 1773 became 
bound for a certain Henry Elbert of same County his administering all the goods 
and chattels of Doctor Lodman Elbert of same county.  That the said Henry Elbert 
did not comply with his obligation of administering the said estate greatly to 
the prejudice of the securities.  James Tilghman Esqr. of Chester Town did 
commence his action against the Securities in the year 1788 and obtained a 
judgment April term 1790 for the sum of 240 lbs and 574 pounds of tobacco 
against your petitioner and the rest of the securities.  That two actions have 
been obtained by two of the children of Doctor Lodman Elbert deceased against 
your petitioner & the securities, that a debt of a very considerable sum is due 
from the said estate to the estate of James Lloyd Chamberlaine; and your 
petitioner is now called on for the payment of the same and expects to be 
obliged to submit to judgment this fall term.  The petitioner further sheweth 
that she hath paid her proportion of all the judgments that have already been 
obtained against her on account said estate as will appear and that she is still 
liable to be executed for the remainder of one or two said judgments Mr. 
Tilghmans & Mr. Chamberlaines.  That both the other securities are dead, Gibson 
husband and Garey no personal estate left after paying his other creditors.  
That Garey has left 500 acres of land lying in Talbot County.  Your petitioner 
therefore prays to order and direct so much of the land of William Garey may be 
sold to pay his full proportion of the said Judgments agst. the said securities 
by the creditors& heirs of Lodman Elbert.  Eastern Shore General Court April 
term 1790
James Tilghman vs. Mary Gordon extx. of James Gibson
Judgment for L333.6.8 to be released on payment of L240 current money and 
interest thereon from 15th July 1789.  Stay execution till 
Sept 1790.
 
The Petition of John (Lodman) Elbert of Talbot County humbly showith that a 
certain Lodman Elbert, late of Co. afsd. and father of your petitioner, on or 
about the twentieth day of July in the year 1772 at the county afsd. died 
intestate, leaving a considerable personal estate, more than was sufficient for 
the payment of his debts, & leaving also our petitioner and Richard Elbert, 
Elizabeth Goldsborough, deceased, and Henry Dalton Elbert, his children and 
legal representatives.  That soon after the death of the said Lodman Elbert, 
that is to say, on the sixth day of August in the year afsd. a certain Henry 
Elbert obtained letters of administration on the Estate of the said Lodman 
Elbert & entered into the usual --- for the faithful performance of his trust & 
furnished a certain James Gibson, Jacob Gibson, William Garey of the county 
afsd. as his sureties in the said administration.  That at the time of the death 
of the sd. Lodman Elbert his representatives were all infants under the age of 
one & twenty years, and utterly incapable of attending to the conduct of the 
said administration.  That the said Henry Elbert, the admin. either by the 
intervention of the late War or for some other cause, did neglect the settlement 
of the estate & suffer the same to become wasted; and in the end became 
insolvent & entirely unable to satisfy the portions of their father's estate, to 
which the said representatives were justly entitled & which by such negligence 
and waste were considerable diminished.  That soon after the arrival at age of 
your petitioner, he did on his own account & likewise on behalf of his brothers 
Richard Elbert and Henry Dalton Elbert, & also as administrators of his sister 
Elizabeth Goldsborough then deceased, prosecute suits on the said administration 
bond against Mary Gordon, executrix of the last will & testament of the said 
James Gibson, & also against Jeremiah Garland and Henry Garey, Executors of the 
last will & testament of the said William Garey, in order to recover the filial 
portions of their said Father's Estate, to which they were entitled as 
aforesaid; and after the continuance of the said actions in the General Court of 
the Eastern Shore for ---- Terms, your said petitioner on his own account, and 
also in behalf of his brother the said Richard Elbert, did obtain several 
Judgments agst. the said Mary Gordon for their respective portions; and at April 
term last your said Petitioner, as administrator of the said Elizabeth 
Goldsborough, and also in behalf of the said Henry Dalton Elbert, who is yet an 
Infant under the age of one and twenty years, did obtain several Judgments agst. 
the said Jeremiah Garland and Henry Garey for their respective portions; as by 
the said last mentioned Judgments, annexed to this petition, will fully and at 
large appear.  That the said Judgments yet remain unsatisfied & no part of 
parcel thereof hath been every paid or secured to your petitioner, as admin. of 
the said Elizabeth Goldsborough or in any other manner, or to the said Henry 
Dalton Elbert, or to any other person.  That on a final settlement of the estate 
of the said William Garey by the said Jeremiah Garland and the said Henry Garey, 
his executors, it is found that only a balance of forty four pounds, eighteen 
shillings and eight pence three farthings current money is remaining in their 
hands, and that the personal estate of the said William Garey is not sufficient 
to pay all the debts due by him, and especially the debts aforesaid recovered by 
your Petitioner and the said Henry Dalton Elbert agst. his executors as 
aforesaid. That the said William Garey at the time of his death left a 
considerable real estate more than sufficient together with his personal estate 
to discharge his debts and devised the same by his last will & testament to his 
several children who were at the time of his death, and yet are Infants under 
the age of twenty one years; as by the said last will & testament of the said 
William Garey, annexed to this petition, will at large appear.  That your 
Petitioner in order to secure the filial portion of his said sister, and also 
the portion of his said brother Henry Dalton Elbert in whose behalf he is 
likewise your Petitioner, is obliged to make application to the Chancellor to 
direct a sale of the real estate of the said William Garey, or of so much 
thereof as may be necessary, for the payment of the said debts, according to the 
act of assembly in such case made and provided.  Your petionter therefore prays 
that your honor would take the premises into tender consideration, and grant him 
such relief as to your Honor shall seem expedient, and your Petitioner as in 
duty bound will every pray.  John L. Elbert, Sept. 17th 1791
Your petitioner further showeth unto your Honor that on examining the will of 
the said William Garey it appears that the same was subscribed by two witnesses 
only; by reason whereof your Petitioner begs leave to state to your Honor that 
the said William Garey, with respect to his real estate, died intestate or about 
the first ---- February in the years seventeen hundred eighty nine, leaving his 
several children his heirs at law, who are all respectively Infants under the 
age of twenty one years.  J.L. Elbert
 

The Petition of Samuel Sharp, William Buchanan, & W--- Bond, Peter Gordon & 
William Hayward shewith that by a former decree of the Honorable the Chancellor 
of Maryland, Jeremiah Garland late of Talbot County was appointed Trustee to 
sell the lands of William Garey late of the said County deceased to pay his just 
debts, and your petitioners beg leave to state to your Honor that a certain 
portion of the real estate of the said Garey was sold unto a certain Richard 
Dudley on the 14th day of August 1793 for the sum of L538.4.  The said Dudley 
also gave his bonds for the payment thereof with good security, for one half the 
purchase money payable on the first day of August 1794 and the other half 
payable on the first day of August 1795 with interest from the date which said 
bonds remain in the hands of James Price Executor of the last will and testament 
of said Jeremiah Garland now deceased who is willing to give them up or assign 
them to any person whom your Honor may appoint, your petitioners beg leave to 
state that the said Richard Dudley is willing a trustee should he be appointed 
to comply with the terms of the sale your Petitioners also state to your Honor 
that they are creditors to the Estate of said William Garey and the further 
request that James Shaw Esquire of Talbot County or any other person your Honor 
shall deem proper be appointed trustee as well for the complying with the former 
sale made to said Dudley by the said Jeremiah Garland as also to make a further 
sale of your Honor should deem it necessary in order that your petitioners may 
receive their just claims & they as in duty bound will pray.  Buchanan & Bond 
and others, Petition filed Nov. 3, 1794