| 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 #W, pp. 223-2[27]
Sarah Massey, Simon Williams & Henry Evans, November 16, 1721
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November 16, 1721 (recorded
May 8, 1722): Tripartite indenture between Sarah Massey (widow of Samuel
Massey, deceased tallow chandler, of Philadelphia, and represented by
James Harris, Esquire), Simon Williams (gentleman of Philadelphia), and
Henry Evans (merchant of Philadelphia). Land parcel: Bright Helinstone
in Kent County, 1,000 acres. One-third willed by Samuel Massey to wife
Sarah, the other two-thirds going to their children Sarah, Daniel,
Wight, Elizabeth and Mary Massey. Simon Williams acting as
trustee-arbiter to oversee the dividing of the lands between the
heirs. Sarah sells all 1,000 acres for 100 pounds to Henry
Evans. The parcel originally was patented by James Kendall of
Bright Hemston in England, which he left to his wife Elizabeth Kendall
and their daughter Elizabeth (who later died); Elizabeth (nee
Brocklesby) the mother willed the land to her brother Edward Brocklesby,
who in turn willed it to his brother Thomas Brocklesby, who sold it to
Samuel Massey in October 1710 (Baltimore County, Lib No.JS, fol. page
62). Witneses: Gilbert Falconar, [illegible], Charles Brockden,
[illegible] Evans, and [illegible] Ellis. Acting for the Crown: John March and Simon Wilmer, Justices of the Peace for Kent County; James Smith, Kent County Clerk. |
| This
indenture tripartite made the sixteenth day of November in the year of
our
Lord one thousand seven hundred and twenty one. Between Sarah Massey,
widow, the relief of Samuel Massey, late of the City of
Philadelphia in the Province of Pennsylvania, tallow chandler, decedent
and executor of his last Will and Testament of the first part,
Simon Williams of the aforesaid city, gentleman of the second part, and
Henry Evans of the said city and merchant of the third part. Whereas
Charles Absolute Lord and Proprietary of the Province of Maryland and
Avalon Lord Baron of Baltimore in and by a certain patent or instrument
under those lands of [illegible] Henry Darnall and Col.
William Diggs, Commissioner Gen. of the said Province of Maryland and
[keeper of the] great seal of the same province for the consideration
therein mentioned
did grant unto James Kendall (then) of Bright Hemston in England,
mariner, all that tract or parcel of land called Bright Helinstone (now
situate lying and being in Kent County and the Province of Maryland).
Beginning at a corner marked pick hickory
standing on the south
side of Choplank Road near the head of a branch belonging to
Sassafras River called the Mill Branch and running from the said tree
South East four hundred perches then
with a line drawn North East four hundred perches and from thence with a
line
drawn North West four hundred
perches and from thence with a line drawn to the
aforementioned pick hickory containing and laid out for one thousand
acres more or less together with all the rights, profits,
benefits, and privilege thereunto belonging. To hold to him the said
James Kendall, his heirs, and assigns, forever paying heretofore yearly
unto the said Proprietary and his heirs at his receipt and at the City
of St. Mary's at the two feasts most usual in the
year viz.: The feast of the Annunciation of the Blessed Virgin Mary
and Saint Michael the Archangel by even and equal portions the rent of
two
pounds sterling in silver or gold for a fine upon every alienation
of the said land or any part or parcel thereof of one whole year's rent
in silver or gold or the full value thereof of such commodities as the
said Proprietary and his heirs or such officer or officers as should be
appointed by the said Proprietary and his heirs from time to time
collect and receive the same should accept in discharge thereof at the
choice of the said Proprietary and his heirs or such officer or
officers as aforesaid as in and by the said recited instrument dated
the tenth day of August Anno Domini one thousand six hundred and eighty
four and recorded in Lib. [illegible] Relation being thereunto had at
large
appears. By force and virtue whereof or for some other good conveyance
or
assurance
in law duly had executed he the said James Kendall became in his
lifetime lawfully seized in his demesne as of fee of and in the said
tract
or
parcel of land and being so thereof seized made his last Will and
Testament in writing dated the one and thirtieth day of August one
thousand six hundred and eighty one and gave and devised all his estate
in Maryland both real and personal (including the
said described tract or parcel of land) onto his loving wife
Elizabeth Kendall and their daughter Elizabeth and their heirs forever
as in and by the said recited Testament entered of record in
Baltimore County in Maryland aforesaid and Book E 434 [illegible]
relation
being thereunto had at large appears and the said James Kendall shortly
after died so seized as in his estate aforesaid. By virtue
whereof they the said Elizabeth Kendall the mother and Elizabeth Ken
doll the daughter became lawfully seized in their domesne as of
fee of and in the said tract or parcel of land and premises and being so
seized she the said Elizabeth Kendall the daughter died whereupon the
estate of and in all the said tract or parcel of land and premises
vested in the said Elizabeth the mother by right of survivorship and
the said Elizabeth the mother being so seized by her last Will
and Testament in writing bearing date the second day of April Anno
Domini one thousand six hundred and ninety two gave and bequeathed all
her real and personal estate in
Maryland aforesaid (including said one thousand acres) to her brother
Edward Brocklesby and his heirs forever and shortly after died seized as
aforesaid by virtue whereof or of some other good conveyance or
assurance in law duly had and executed he the said Edward Brocklesby
became lawfully seized in his domesne as of fee of and
in the said tract of land and premises and being so seized died
intestate as to the land and estate aforesaid. Whereupon the same land
and premises descended unto and vested in his brother and heir at
law, Thomas Brocklesby of the city of Cork in the Kingdom of Ireland,
gentleman. And whereas the said Thomas Brocklesby in and by certain
indentures of
lease and release bearing date respectively the second and third
days of October Anno Domini one thousand seven hundred and ten for the
consideration therein mentioned
did grant and confirm unto the said Samuel Massey (int. aforesaid) all
the
said one thousand acres of land with the appurtenances. To hold to him
the said
Samuel Massey, his heirs, and assigns, forever as in and by the said
recited indentures of lease and release recorded
in Baltimore County aforesaid in Lib JS net fols 62, relation being
thereunto had at large appears by force and virtue of which said recited
indentures of lease and release he the said Samuel Massey became in his
lifetime lawfully seized in his demesne as of fee of and in the said
tract or parcel of land and premises and being so thereof seized made
his last Will and Testament in writing bearing date the fifteenth day of
the sixth month Anno
Domini one thousand seven hundred and twenty and thereby willed and
ordered that all these lands lying in Maryland which he bought of Thomas
Brocklesby (including the said described one thousand acres) should be
sold
by his executors and as to what part of the price hereof should remain
as well as all the rest and residue of his said estate after his just
debts and funeral charges were paid and discharged he willed that his
loving wife Sarah Massey should have one third part thereof and the
other two thirds to be equally divided between his children, viz.:
Sarah, Daniel, Wight, Elizabeth, and Mary Massey, share and share
alike, and of his said Will did nominate and appoint his loving wife
Sarah sole executor with a clause or proviso on the said Will contained
that his said executrix should not act or do anything in the execution
of his said Will without the advice and consent of his friend the said
Simon Williams whom he appointed as Trustee to see his Will duly
performed as in and by the the said recited Testament, relation
being thereunto had at large appears and the said Samuel Massey
shortly after died so seized in his estate aforesaid and the same Will
was duly proved and entered in the Register General's office at
Philadelphia aforesaid. Now this indenture. Witnesseth that for
and
in consideration of the sum of one hundred pounds sterling money of
Great Britain to the said Sarah Massey in hand well and truly paid by
the said Henry Evans at or before the sealing and delivery hereof, the
receipt whereof she doth hereby acknowledge and thereof doth acquit and
forever discharge the said Henry Evans, his heirs, and assigns by these
presents, she the said Sarah Massey hath granted, bargained, sold,
aliened, enfeoffed, released, and confirmed, and (by the direction of
the
said last recited Testament and by force and virtue thereof and by and
with the advice and consent of the said Simon Williams testfied by
his being made party hereunto and sealing and delivery hereof) doth
hereby grant, bargain, sell,alien, enfeoff, release, and confirm unto
the said Henry Evans (in his actual possession and seizing now
being by force and virtue of a bargain and sale unto him made by the
said Sarah Massey for the term of one year from the day next before the
date hereof by Indenture Tripartite bearing date the day next before the
day of the date of these presents and made between the same parties as
these presents & by force and virtue of this Statute made for
transferring of uses into possession) and to his heirs and assigns all
that the said described tract or parcel of land situate bounded and
being as aforesaid and containing one thousand acres as aforesaid.
Together also with all and singular the buildings, improvements, ways,
woods, waters, watercourses, meadows, marshes, savannahs,
swamps, criples, fishings, fowlings, hawkings, huntings, rights,
liberties, privileges, hereditaments, and appurtenances, whatsoever
thereunto belonging or in any wise appertaining and the reversion and
reversions, remainder and remainders, rents, issues, and profits
thereof and true copies of all deeds, evidences, and writings
whatsoever concerning the premises to be had and taken at the proper
cost
and charges of the said Henry Evans, his heirs, and assigns to the only
proper use and behoof of the said Henry Evans, his heirs and assigns
forever under all and singular the rents and reservations aforesaid as
well already due as hereafter to grow due and payable for the hereby
granted premises. And the said Sarah Massey for herself, her heirs, and
assigns, by these presents in manner following, that is to say, that she
the said Sarah Massey and her heirs the aforesaid one thousand acres of
land and hetreditaments and premises hereby granted and released or
mentuoned to be granted and released with the appurtenances unto the
said Henry Evans, his heirs, and assigns, against her the said Sarah
Massey and her heirs and against the heirs of the said Samuel Massey and
Edward Brocklesby deceased and against the said Thomas Brocklesby and
his heirs and against all and every other person and persons whatsoever
lawfully claiming or to claim by from or under her them or any of them
or by from or under the said Samuel Massey or Edward Brocklesby shall
and will warrant and forever defend by these presents. And that he the
said Henry Evans, his heirs, and
assigns, shall or lawfully may from time to time and at all times
hereafter forever freely, quietly, and peaceably have, hold, and enjoy
the said one thousand acres of land, hereditaments and premises hereby
granted and released or mentioned to be granted and released with the
appurtenances and receive and take all the rents, issues and profits
thereof without any lett, suit, trouble, or molestation of the said
Sarah Massey or her heirs or of the heirs of the said Samuel Massey or
Edward Brocklesby decedent or of the said Thomas Brocklesby or his heirs
or of any other person or persons whatsoever lawfully claiming or to
claim by from or under them or any of them or by or with them or any of
their act, means, privity, consent or procurement. And that the said
Sarah Massey and her heirs and the heirs of the said Samuel Massey and
Edward Brocklesby and the said Thomas Brocklesby and his heirs and all
and every other person and persons whatsoever having or lawfully
claiming or that shall or at any time or times hereafter so have or
claim any estate, right, title, or interest of in or to the premises or
any part or parcel thereof by from or under them or any of them shall
and will at any time or times hereafter upon the reasonable request,
cost and charges in the law of the said Henry Evans, his heirs, and
assigns, make, execute, and acknowledge or cause to be made, executed,
and acknowledged all and every such further and other reasonable and
acts, deed or deeds, device or devices in law whatsoever for the further
and better assurance and confirmation of the said one thousand acres of
land, hereditaments, and premises hereby granted and released or
mentioned to be granted and released with the appurtenances unto the
said
Henry Evans, his heirs, and assigns as by him or them or by his or
their counsel learned in the law shall be reasonably devised, advised,
or required. And the said Simon Williams for himself, his heirs,
executors, and administrators doth covenant, promise, and grant to and
with the said Henry Evans, his heirs, and assigns, by these presents
that he the said Simon Williams hath not done, committed or wittingly or
willingly suffered any act or thing whereby the premises hereby granted
and released or mentioned to be granted and released or any part or
parcel thereof are is or shall or may be any ways impeached, charged, or
encumbered
in estate, title, charge, or otherwise howsoever. In witness whereof
the
said parties to these presents have interchangeably set their hands and
seals here unto, dated the day and year first above written. Sarah Massey
Simon Williams
On the back side of the preceding conveyance with the following endorsements viz.: Received the day of the date of the within indenture of the within named Henry Evans sum of one hundred pounds sterling money of Great Britain being the full consideration within mentioned. I say recorded by me. Sarah Massey
Witnessed Charles Brockden Charles Osborne Kent County this date to wit: The twenty sixth day of April Anno Domini one thousand seven hundred and twenty two came James Harris attorney of the within mentioned Sarah Massey before us, John March and Simon Wilmore, two of His Lordship's Justices for aforesaid County and did acknowledge the within deed of conveyance to the use within specified before us. John March
Simon Wilmer Memorandum: The within written conveyance received into my hands to be recorded in the records of Kent County according to act of assembly in such laws made and provided. Witness my hand this fourth day of May Anno Domini one thousand seven hundred and twenty two. James Smith, County Clerk
Recorded this eighth day of May Anno Domini 1722 by me. James Smith, County Clerk
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