| 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, EF #6, pp. 37,38,39,40
Daniel Toas Massey, et al. to Massey, March 19, 1781
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March 19, 1781 (recorded May 19,
1781): Mary Massey, et al, widow of Daniel Massey, inherits the tract
called Partnership, 110 acres
of which are to be divided amongst the heirs: John Massey (100 acres)
his four grandsons Daniel Toas Massey, Stephen Massey, Joseph Massey,
and John Massey, (two thirds of the unstated remainder) and his 10
granddaughters (one acre each), from Mary Massey to receive the last
one third of the remainder from among the four grandsons' lands.
Commissioners: Robert Maxwell, James Pearce, and Nathaniel Comegys
under a bond of 10,000 pounds of specie. Mary Massey is the widow of
Daniel Massey, decedent, whose Will is being settled. Guardians
for the underage heirs: Abraham Falconar, guardian to Joseph Massey,
son of Joseph; Josiah Massey, guardian to John Massey, son of said
Joseph. Note: the
acreage of Partnership is
nowhere mentioned, and the survey of the entire tract is not included
in this document. Adjoining tracts include Henry Clark's land and
Holdman Johnston's heirs' land. Ben. Chambers is Kent County
Clerk. |
| Know all men by these presents that we, Daniel Toas Massey,
Stephen Massey, Abraham Falconar, guardian to Joseph Massey, son of
Joseph, and Josiah Massey, guardian to John Massey, son of said Joseph,
all of Kent County, State of Maryland, are held and firmly bound unto
Mary Massey, widow of Daniel Massey, late of said county and state,
decedent in the first and full sum of 10,000 pounds of specie to be
paid to the said Mary Massey, her certain attorney, their executors,
administrators, or assigns. To the which payment well and truly to be
made and done we bind ourselves our heirs, executors, and
administrators, each and every of them, jointly and severally, for the
whole firmly by these presents. Sealed with our seals and dated this
twenty sixth day of December one thousand seven hundred and eighty. The condition of the above obligation is such that if the above bounden Daniel Toas Massey, Stephen Massey, Abraham Falconar, guardian of Joseph Massey, son of Joseph, and Josiah Massey, guardian of John Massey, son of said Joseph or their certain attorneys, heirs, executors, or administrators, or either of them, shall and do well and truly stand to abate and abide to the determination or award of Messrs. Robert Maxwell Esquire, James Pearce, Esquire, and Nathaniel Comegys on the division of that part of a tract of land called Partnership that the aforesaid Daniel Massey, decedent, willed between his son John Massey, his four grandsons Daniel Toas Massey, Stephen Massey, Joseph Massey, and John Massey, and his 10 granddaughters as by his Will will appear, which tract of land is on the West side of the main road that heads from the head of Sassafras [River]to the head of Chester [River] after deducting out of the aforesaid tract of land 100 acres devised by said Daniel Massey to his son John as also 10 acres to his grand daughters aforesaid. Now the further conditions of this obligation: that if the above bounden Daniel Toas Massey, Stephen Massey, Abraham Falconar, guardian to Joseph Massey, son of Joseph, and Josiah Massey, guardian of John Massey, son of Joseph, do well and truly stand to abide by and comply with the award or division made by the aforesaid Robert Maxwell, James Pearce, and Nathaniel Comegys indifferently chosen as will be the aforesaid Daniel Toas Massey as also by the aforesaid Stephen Massey, Abraham Falconar, and Josiah Massey, as also by the aforesaid Mary Massey to divide the lands aforesaid and that they the aforesaid Robert Maxwell, James Pearce, and Nathaniel Comegys shall by such their award to be by them delivered in writing from under their hands and seals to the parties contending on or before the first day of March next ensuing the date hereof and shall by such their award say in what manner and form the aforesaid Daniel Toas Massey, Stephen Massey, Joseph Massey, and John Massey, parts of said land shall be laid off after the said John Massey the elder's 100 acres is first laid off according to the said Daniel Massey's will as also the 10 acres for his aforesaid granddaughters as also to lay off the said Mary Massey's thirds as in their judgment may sum meet, then the above obligation to be void or else to be and remain in full force and writing and virtue in law.
N.B. The above named Daniel Toas Massey, Stephen Massey, Abraham Falconar, and Josiah Massey acknowledged in presence of us, the subscribers their assignation to the erasing the name of Samuel Davis out of the above bond and inserting James Pearce, Esquire, in his stead and also the penalty of said bond to be ten thousand pounds specie this seventh day of February one thousand seven hundred and eighty one. William Smith James Hynson [illegible] We the within arbitrators have annexed our award from under our hands and seals to the within will bond as witness our hands this 27th day of February 1781. Robert Maxwell
James Pearce Nathaniel Comegys Whereas Daniel Massey, late of Kent County, deceased, did in his last Will amongst other things devise a part of a tract of land lying and being in Kent County, Maryland and on the West side of Chester Road and South side of the Chapel Road between his son John Massey and ten of his granddaughters and four of his grandsons, sons of his son Joseph Massey, deceased viz.: Daniel Toas Massey, Stephen Massey, Joseph Massey, and John Massey, which said land he requested by his will might be divided between his grandsons aforesaid by three honest farmers as by said will may appear and we, the subscribers, being appointed by the parties concerned to make the aforesaid division as like to give our opinion how Mary Massey widow of the aforesaid Daniel shall have her thirds of the said lands laid out for her and how the ten acres of the said land left by his Will to his ten granddaughters had best be laid out for them and how the hundred acres of the said land left in his Will to his son John Massey had best be laid out for him and on our considering of the said Will and devising the land and premises and examining a plat of the said land to show us the quantity of woodland and cleared land contained in the whole we are of opinion to make it most convenient and most to advantage of the parties concerned the hundred acres of land devised to his son John Massey be laid out as follows: To begin where the N to E line of the said tract comes to Henry Clark's part of the aforesaid land and reversing the N to E line [illegible] fifty six perches then East such a number of perches as to make it contain one hundred acres of land clear of the aforesaid Henry Clark's land on the South side of the road that leads from George Town to the Chapel; and we are of the opinion that the ten acres of land devised to the said Daniel Massey's granddaughters be laid out as follows viz.: To begin in the road at the corner on the West side of Chester Road and the South side of Chapel Road and to be laid out in a long square as follows: to run down by and with the road that leads from the Chapel to George Town one hundred perches of length and to extend so far back towards Chester River as to contain ten acres of land and that divided into ten lots of one acre each in such manner that each of the said lots that shall come to the road that leads from the Chapel to George Town aforesaid; and with respect to the division of the remainder of the said land amongst the four grandsons aforesaid we have divided as follows: into four lots or equal parts, beginning for the first lot North in the main road that leads to the head of Chester [River] at that corner of the said land belonging hope to Holdman Johnston's heirs and running from thence North by East seventy eight perches and one quarter of a perch and West till it intersects the N by E line of the original tract; and for the second lot, #2 to begin at the end of this 78 1/4 perches aforesaid and to run from thence North by East seventy nine perches and then West till it intersects the northbound line of the original tract; and for the third lot #3 to begin at the end of the seventy nine perches aforesaid and to run northbound seventy eight perches and from thence West till it intersects the northbound line of the original tract as aforesaid; and for the fourth lot #4 all the remainder of the said land on the west side of the Chester Road and South side of the Chapel Road except that hundred and ten acres of land left in the Will of the said Daniel Massey to his son John Massey and his ten granddaughters and the and after the said division the grandsons and their illegible and lots for to know which of the lots by the division aforesaid should fall to each party and we hereby certify the lot #1 fell to Stephen Massey, lot #2 to Daniel Toas Massey, lot #3 to Joseph Massey and the lot #4 to John Massey; and we are of opinion that Mary Massey, widow of the aforesaid Daniel, should have her thirds of the land belonging and laid out as above for the four grandsons laid out for her as follows: to begin in the Chester Road on that corner of the land adjoining to the land belonging to the heirs of Holdman Johnston and to run West with said Johnston's land such a number of perches as that the northbound line from the end thereof to extend to a road that leads to the Chapel from George Town shall include between that line and Chester Road one third of all the cleared land that is laid out for the four grandsons aforesaid, all which land with the buildings and improvements thereon the said Mary Massey is to have for her thirds of her four grandsons' cleared land and for the said Massey's part of the woodland belonging to the four grandsons we are of opinion it ought to be laid out in the lots #'s 2, 3, & 4 with West lines from the grandsons' cleared lands to extend to the northbound line of the original tract in such a manner that the lines shall take her thirds equally alike from each of the #2, 3 & 4 and it is our opinion that the said Mary Massey shall be obliged to cut down what wood or timber she may want for firewood or to keep the plantation in repair as nearly equal alike as can be judged just from each of her grandsons' woodland that she is possessed of or that is laid out for her thirds and that the wood or other timber that she may have occasion to cut shall be cut adjoining to her grandsons cleared land and lastly we are of the opinion that Mary Massey shall have a road or roads alongside of the division lines from her cleared land to her woodlands and that her grandsons shall have a like privilege of a road or roads from the Chester roads alongside of the West lines of the division through her cleared land to their cleared land. As witness our hands and seal this 27th day of February 1781.
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