Section VI - Massey Data Bank

One Maryland Massey Family by George Langford, Jr. 1901-1996 ©Cullen G. Langford and George Langford, III, 2010

Maryland Land Records, Kent County, JS #27, pp. 347-351
Abraham Falconar and Daniel Massey, petition, November 20, 1753

Frederick Absolute Lord and Proprietary of the provinces of Maryland and Avalon, Lord Baron of Baltimore etc. to Messrs. Nicholas Smith, William Smith, William Comegys, Junior, and Isaac Freeman of Kent County. Whereas Abraham Falconar and Daniel Massey of the same County by their humble petition exhibited to the justices of Kent County court the third Tuesday of March 1759 have set forth that they are seized and possessed in their own rights of any part of a tract of land called Partnership lying near the head of Chester River in the county aforesaid the boundaries where of are decayed and in danger of becoming doubtful and do therefore have prayed us to to grant or commission to persons asked to us should then meet to take the examination in writing of such witnesses as they or any other persons concerned can produce touching their knowledge of the boundaries of the said land or any other land whereon it may depend or where to it does relate etc. and whereas it hath appeared to us that the allegation and the petition are true and that the prayer of the petitioners ought to be granted we do therefore authorize and empower you the said Nicholas Smith, William Smith, William Comegys, Junior, and Isaac Freeman or any three or two of you commissioners according to acts of assembly, entitled An Act for the Ease of the Inhabitants of this province relating to the [illegible] of lands us as etc. you having first taken an oath before our said County Court or some magistrate of the same county duly and impartially to examine all such evidences as shall be to you or any three or two of you nominated by the said petitioners or any other persons concerned to be and appear before you or any three or two of you at a certain day to be by you or any three or two of you appointed upon the aforesaid land called Partnership and to examine all such evidence upon their corporal oaths to be by you or any three or two of you administered of their knowledge of the boundaries of the said land or any other land where upon it may depend or where to it does relate, etc. with such examination being by you reduced into writing and certified to the aforesaid County Court may there be recorded in perpetual memory agreeable to act of assembly in such case made and provided and to the end that all persons concerned may have do notice thereof, you or any three or two of you are before your meeting on the land aforesaid to affix public notes at the parish church door where the land lies three Sundays at least before your meeting intimating your intentions and the time of your meeting and if all persons interested are known and any of them live out of the county wherein the land lies such notice shall be given by affixing a note at the church door of the parish in which the party resides forty days at least before your meeting and further you or any three or two of you are to return a certificate of your having given such notice as aforesaid with the examination of the evidences as shall be produced to you or any three or two of you and this commission to the next County Court which shall be after the execution whereof thereof under your hands to be recorded in perpetual memory. Witness Bedingfield Hands, Esquire, Chief Justice of our said court this twentieth day of March in the second year of the Dominion etc. Anno Domini 1753. Order [of the] Court. Sam. Smith Clerk Kent County aforesaid. I hereby certify on the 18th day of July Anno Domini 1753 personally appeared before me, the subscriber, the within Nicholas Smith, William Smith, William Comegys, Junior, and Isaac Freeman and made oath to execute the within commission according to the purport of the same. Jacob Jones The deposition of John Falconar aged about 33 years being sworn on the holy Evangells of Almighty God that being sworn as an evidence concerning the bounds of a tract of land called Partnership and being now on the spot where the aforesaid bounded tree was by the said John understood to stand and further this deponent saith that he has been well acquainted with the place and tree ever since his memory and for further this deponent saith that he this deponent have been informed by several old standards that the aforesaid tract of land began at the aforesaid tree and further this deponent saith that he was present at the executing of a warrant of resurvey on said tract between [illegible] Ward and Daniel Massey which warrant was executed by the surveyor and sheriff of aforesaid county and they then began at the tree aforesaid, part of which tree was then standing where now is a Mulberry post set up, the aforesaid post now standing about one hundred yards above the bridge that goes over Chester River and about four or five perches North from the said river and further saith not. Sworn to this 4th day of September 1769. John Falconar Nicholas Smith, Isaac Freeman, William Smith, William Comegys, Junior. The deposition of the Nathan Massey, aged about thirty [illegible] years, being sworn on the holy Evangelist, deposeth and saith, about eighteen or nineteen years ago or thereabouts, he this deponent was there with several other persons. They run from a large black oak tree standing about 100 yards above the bridge that now goes over Chester River about four or five perches North from the river side to find the beginning tree of a tract of land belonging to Daniel Dulaney, Esquire. This deponent saith that he heard several old standards say at that time both before and since that the said oak was the beginning of a tract of land called Partnership.The said oak stood on the right hand of the road that now leads from Chester bridge to Duck Creek where a bounded mulberry post now stands or near their about, and further saith not. Sworn to this 4th day of September 1753. Nathan Massey Nick Smith, Isaac Freeman, William Smith, William Comegys, Junior The deposition of Samuel Davis, aged about 38 years, being sworn on the holy Evangelist deposeth and saith that he has several times been informed by sundry persons that the bounded tree of a tract of land called Partnership stood about a hundred yards yards above the bridge that goes over the head of Chester River and about four or five perches North from said river and at or near where now stands a mulberry post and this deponent further saith he has been showed a root of a tree at or near the said place which he this deponent was informed was a root of the aforesaid bounded tree and further saith not. Sworn to this fourth day of September 1753. Sam Davis Nicholas Smith, Isaac Freeman, William Smith, William Comegys, Junior To the worshipful Justice of Kent County Court etc. By virtue of the commission thereunto annexed we, the subscribers, being the commissioners therein mentioned, do hereby certify in obedience to the said commission after qualifying by taking the oath therein mentioned because published noticed to be given as the therein directed a point to meet on the land therein mentioned on the first Tuesday in September being the fourth day of the same month Anno Domini seventeen hundred and fifty and three and on the same day we did accordingly meet and proceeded to examine the evidence to us produced which is John Falconar, Nathan Massey, and Samuel Davis, who were all sworn. The tennor of their depositions are as follows in this sheet of paper as witness our hands seals this 4th day of September 1753. Nicholas Smith, William Smith William Comegys, Junior Isaac Freeman Recorded this 20th of November 1753. James Smith County Clerk