Mary, Frances & Judith Townley

Mary Townley, cousin of Maryland Gov. John Seymour, married first Col^o John Contee, second Philemon Hemsley, and third Capt. William Rogers. When she died intestate and without issue her estate was divided between her sister, Frances, and the heirs of her sister, Judith.

Judith Townley married first John Warren and second John Bruce. She remained in Charles County, Maryland and had descendants.

Frances Townley married James Wooton, Rector of St. Anne's Parish in Annapolis. They returned to England.

Archives of Maryland, Volume 435, Page 165
A History of Printing in Colonial Maryland: 1686-1776 by Lawrence C. Wroth

The Rev. James Wooton received the royal bounty for his passage to America on Aug. 12, 1703. (Fothergill). A brief account of him is found in Allen, St. Ann's Parish.

Archives of Maryland, Volume 26, Pages 69-70
Proceedings and Acts of the General Assembly, September, 1704-April, 1706

By the House of Deleg^s Sept^r 25^th 1704
This House are very well Satisfyed with the well composed Discourse preached by the Reverend Doctor Wotton at opening of the Annapolitan Church and think it highly worthy of the press which if your Ex^cy does we pray your Ex^cy to give Order for
Signed p order W Taylard Cl.
Which was assented to by the Council.
W Bladen Cl Coun.

Archives of Maryland, Volume 662, Page 130

Commissary General or Judge of Probate

Col. THOMAS BROOKE II and Col. JOHN CONTEE of Charles County (Prot. ), com. jointly by Gov. Seymour, 1 Dec. 1704 and sworn 20 Feb. 1704/5. Contee had just married one Mary Townley, Seymour's favorite cousin.

Col. JOHN CONTEE, com. sole Commissary General, 5 Sept. 1706; died in office, 3 Aug. 1708.

Maryland Calendar of Wills: Volume 3

Contee, John, Col., gentleman, Chas. Co.
1708
21st Aug., 1708.

To nephew John, son of brother Peter, personalty.
To son-in-law John Coates, 2 parcells of land --, left him by his father, John Coates.
To mother Grace Contee and sister Agnes Berry, of England, Effton Hills and Rozebury in Chas. Co., also to sd. mother, money to purchase rings for relatives -- in England.
To brother Peter, of Barnstable, England, plantation -- nr. Pope's Creek and land bought from John Baker.
To neph. Alexander, son of sd. brother Peter, 327 A., part of Walberton Manor at Piscataway, Chas. Co., bought of John and Luke Gardiner, also a plantation, 100 A., -- in Chas. Co., nr. land of Oliver Burchis and John Noes.
To 3 children-in-law (by marriage with Mrs. Charity Coates, widow of John Coates), viz., Charity, Charles and William, personalty at majority.
To the ministry, personalty.
Wife Mary and hrs., extx. and residuary legatee of estate, real and personal, including 1000 A., Baltimore's Bounty, 1000 A., Rozer's Refuge on Port Tobacco Creek, 2 tracts -- in Chingumuxon, bought of Edward Ruckwood, 1 tract -- bought from John Speake, and Buck Range in Balto. Co. Personalty to include that also in England and Virginia.
Proved by Will not signed.

Depositions of Philip Lynes, Francis Searson, John Frasier (Clerk Rector of Port Tobacco Parish), Col. James Smallwood, Eliza: Berry, spinster, aged 30 yrs., Alex Contee, gent., aged 17 yrs., John Courts, gent., aged 17 yrs., John Warren, aged 21 yrs.
12.276.

Philip Lynes was married to Ann Seymour, a cousin of Mary Contee. James Smallwood was the father of Bayne Smallwood who married Charity Courtes, step-daughter of Col. John Contee. Alex Contee was the nephew of Col. John Contee. John Courts was the step-son of Col. John Contee. John Warren would later marry her sister, Judith Townley.

Archives of Maryland, Volume 27, Pages 240-241
Proceedings and Acts of the General Assembly, March, 1707-November, 1710

06 Dec 1708

M^rs Mary Contees Petition praying Leave to bring in a Bill for Confirming Col Contees Will. Recommended to the House and sent by Col Coursey Col Greenfield and M^r Lynes

A Bill for confirming and making valid the last Will & Testam^t of Col Contee. Read the first Time and with the aforegoing Bills sent to the House by Col Holland and M^r Lynes

Philip Lynes was married to Ann Seymour, a cousin of Mary Contee.

Archives of Maryland, Volume 27, Pages 287, 289
Proceedings and Acts of the General Assembly, March, 1707-November, 1710

06 Dec 1708

Read the Petition of James Roberts of Calvert County praying to be naturalized which was granted and Leave given to bring in a Bill as prayed The Honble Col^o William Coursey, Thomas Greenfield and Philip Lynes Esq^rs enter the House and deliver M^r Speaker the Petition of Madam Mary Contee praying Leave to bring in a Bill to make valid the last Will and Testament of her late Husband, John Contee Esq. deceased with several Depositions proving the same to be his Will being read Leave is given to bring in a Bill as prayed.

Col^o Contee's Will and several Depositions relating thereto with William Bennett's Petition for Allowance as one of the Guards sent up to his Excellency and Council by Mr Salter, M^r Hemsley, M^r Mariartee, and M^r Robins. They return and say they delivered the same. The House adjourns till to Morrow Morning ten O'Clock.

Philip Lynes was married to Ann Seymour, a cousin of Mary Contee's.

Archives of Maryland, Volume 27, Page 292
Proceedings and Acts of the General Assembly, March, 1707-November, 1710

07 Dec 1708

Bill for confirming Col^o Contee's Will, Read the second Time & past for ingrossing.

Maryland Calendar of Wills: Volume 3

John Seymour, Gov.
12th Dec., 1708;
17th Sept., 1709.

Codicil to will which he states is already in possession of Thomas Edwards of Bristol, Eng.
Ratifles sd. will excepting as to certain points herein mentioned.
To dau. Jane, personal estate and all plate, etc., at decease of presont wife Hester.
To son John, £1000 in lieu of annuity.
To wife Hester, £30 annually and £50 to buy coach and 1 pr. horses; she to live in house at Bittons during life, which, at her decease, is to pass to son Berkley; dau. Jane afsd. to live with her until she shall marry.
To cous. Mary Contee, personalty.
Son Berkley (now of age) ex. and residuary legatee of estate in Gt. Brittain.
Friends Mayor Gen. Edward Loyd and William Bladen to collect moneys, etc., due in the province.
Test: W. Bladen, Jno. Freeman, Richard Hix, Thos. Holmas.
Part 2-12.155.

Did Gov. Seymour update his will because of all of the problems his cousin, Mary Contee, was having with her husband's will?

Archives of Maryland, Volume 27, Page 324
Proceedings and Acts of the General Assembly, March, 1707-November, 1710

15 Dec 1708

The last Will and Testament of Col^o John Contee Read and assented to by the House and ordered it be indorsed.
By the House of Delegates December 15^th 1708.
Read and assented to by the House of Delegates
Signed p Order Rich^d Dallam Cl. Ho. Del.

Archives of Maryland, Volume 27, Page 326
Proceedings and Acts of the General Assembly, March, 1707-November, 1710

16 Dec 1708

The foregoing four ingrossed Bills and the ingrossed Bill confirming and making valid the last Will and Testament of Col^o John Contee deceased sent up to the Honble for their Assent by M^r Tyler and M^r Covington. They return & say they delivered the same.

Archives of Maryland, Volume 27, Page 327
Proceedings and Acts of the General Assembly, March, 1707-November, 1710

16 Dec 1708

The House proceeds to settle the Fees to be paid for private Bills past

Madam Mary Contee Bill confirming and making valid the last Will and Testament of Col^o John Contee deceased
To the Honble Speaker 15£ 0s 0d
To Richard Dallam Clerk of this House 7£ 10s 0d

Archives of Maryland, Volume 27, Page 329
Proceedings and Acts of the General Assembly, March, 1707-November, 1710

16 Dec 1708

The Honble Philip Lynes Esq. enters the House and delivers
M^r Speaker the following ingrossed Bills
Bill for Relief of poor Debtors and languishing Prisoners.
Bill reviving an Act laying an Imposition of 3 Pence p Hogshead on Tobacco for defraying the publick Charge of the Province
Bill reviving the Act ascertaining the Height of Fences &^ta
Bill entituled an Act to the Supplementary Act for the Advancement of Trade and erecting Ports and Towns &^ca
Bill confirming and making valid the last Will and Testament of Col^o John Contee dec^d
All severally indorsed December 16th 1708 Then was this Bill read & assented to by her Majesty's Honble Council and
Signed p Order W Bladen Cl. Co.

Philip Lynes married Ann Seymour, a cousin of Mary Townley.

Archives of Maryland, Volume 27, Pages 368-369
Proceedings and Acts of the General Assembly, March, 1707-November, 1710

17 Dec 1708

An Act for Confirming and making Valid the last will & Testament of Colonell John Contee

Whereas Colonell John Contee late of Charles County deceased on thirty first Day of July one thousand seven hundred and Eight made his Last will and Testament in writeing and now Recorded in the prerogative Court of this Province leaveing Mary his wife Sole Executrix thereof and haveing well Considered and perused the same Will declared his full approbation thereof but before he Could Signe & sollemnly publish the same dyed suddenly. This present Generall Assembly being well Informed thereof and willing (as in good Reason and Conscience obliged) to see the Will of the Dead performed do pray that it may be Enacted. And be it Enacted by the Queens most Excellent Maj^ty by and with the Advice and Consent of her Maj^tys Governour Councill and Assembly of this province and the authority of the same That the af^d Last will & Testament of the said Colonel John Contee Recorded as af^d shall by the authority of this Assembly and by Vertue of this Act in all Courts and before all Judges be Held deemed reputed and taken to be the Last will and Testament of the af^d Colonell John Contee as if the same had been by him in his Life time actually Signed Sealed published and declared in the presence of the three wittnesses who have proved the same in Comon forme & that the Severall Devises and bequests therein specified shall be deemed taken & adjudged to be of full force & Efficacy to all Intents and purposes whatsoever to intitle the severall Persons therein named and their heires & Assignes to the Goods Chattells Lands & Tenem^ts therein & thereby to them Expressed to be bequeathed & devised notwithstanding the Defect of the same Will not being Signed Sealed published & declared by the said Coll Contee any Law Statute Vsage or Custome to the Contrary in any wise notwithstanding.

By the house of Del 15^th December 1708.
Read and assented to by the house of Del,
Signed p order Rich^d Dallam Cl: ho: Del :

December the 16th 1708.
Then was this bill read assented to by her Maj^tys hon^ble Council.
Signed p order W Bladen Cl Council.

December 17th 1708.
On the behalf of our Sovereigne Lady Ann Queen of Great Brittain &c. I will this be a Law
Jo: Seymour

John Seymour was a cousin of Mary Contee.

Maryland Calendar of Wills: Volume 3, page 147

Lynes, Philip, Chas. Co.,
6th Aug., 1709;
15th Aug., 1709.

Testator ratifies bequests of land and personalty, devised by a will mentioned as being in his house in Chas. Co., to parishes of Pickiawaxen, Newport, Port Tobacco and Durham in Charles Co., also bequest to Piscataway parish in Prince George's Co. and certain bequests to godchildren and devises: To Jane Seymour, Mary Contes, brother Capt. Thos. Seymour, William Bladen, Mrs. Frances and Mrs. Judith Townley, James Wooten, Amos Garrett and Col. Thomas Greenfield. personalty.
To Joane, young. dau. of Col. Greenfield, 110 A., Haton, in Prince George' Co., adjoining Bean's Land. In event of testator not living to sell Kent Fort Manor, it is devised to cousin Mary Contee, Wm. Bladen and hrs., each 1/4; residue to be sold for benefit of wife Ann.
To wife Ann, extx., and hrs., any tract -- she shall select, 8/4 of personalty and dower rights in all real estate in Penna., this province or in any other part of America.
To cous. Mary Contee, residue of personalty.
To sd. cous. Mary Contee, Wm. Rladen and hrs., and wife afsd., proceeds from sale of certain real estate which shall be sold.
In event of testator dying in Annapolis, sd. cous. Mary Conte (if she be in the country) and Wm. Bladen to have charge of funeral, and if he die in Chas. Co., desires to be buried in Pickiawaxen Church under direction of sd. cous., Mary Contee.
Test: James Wotten (Rector of St. Annes), Thos. Jones, Jane Burnell.
Part 2-1a. 151.

Philip Lynes was married to Ann Seymour, a cousin of Mary Contee's. James Wotten later married Mary's sister, Frances Townley. At the time his will was written it appears that neither Frances Townley nor Judith Townley had married.

Charles County Land Records, Liber C#2, page 153
03 Jan 1709/10; Walter Bayne and Martha his wife endorse back of deed in folio 146 & 147; recorded at request of Mary Contee
02 Jan 1709/1710; recorded by Mary Contee; Walter Bayne of Prince George's Co., for 50,000# tobacco and £100 for deed dated 03 Oct 1709 between said parties have delivered all cattle, hogs, sheep, steers, poultry, boars, sows, barrows or piggs and the plantation to Mary Contee
/s/ Walter Bayne
wit. Arthur Jackson, John Warren, John Rogers, Clerk

John Warren married Mary Contee's sister, Judith Townley. John Rogers married Col. John Contee's step-daughter, Anne Courts.

Archives of Maryland, Volume 77, Pages 192-194
Maryland Court of Appeals

MARYLAND ss. Att a Provinciall Court held at the City of Annapolis in Ann arundell County for the province of Maryland the Second tuesday of October being the Eleventh day of the Same month in the Eight yeare of the reigne of our Sovereigne Lady Queen Anne etc. Anno Domini 1709. Present: The Honourable William Holland; Thomas Smith; Philemon Lloyd; Robert Bradley, Esq^rs Justices John Gresham Junior Sheriffe of Ann arundell County

Mary Contee Ex^rx Collonel John Contee ag^t S^r John Rogers

Memorandum the plantiff obtained her Majesties writt of Attachment the tennor of which follows in these words.

Anne by the grace of god of great Brittaine France and Ireland Queen defender of the faith etc. To the Sheriffe of Charles County We Comand you that you Attach any the goods Chattles rights or Creditts of S^r John Rogers Barronett late of the Burrough of Plymouth in the County of Devonshire in the Kingdome of great Brittaine Merchant otherwise called S^r John Rogers Barronett of Charles County in the Province of Maryland Merchant if they shall be found in your Bailywick to the Value of five hundred thirty Eight pounds Sixteen Shillings an tenn pence Sterling and tenn thousand pounds of Tobacco and when you have the Same so attached or any part thereof the Same in your Custody Safe keep So that you have them before the Justices of our provinciall Court to be held at Annapolis the Second tuesday of October next then and there to be Condemned according to act of Assembly to and for the use of a Certaine Mary Contee Widdow Ex^rx of the last will and testament of John Contee of Charles County Esq^r deceased unless he the said S^r John Rogers by himself or his attorney shall appeare and answer unto the said Mary Contee Es^rx as aforesaid in A plea of Trespass upon the Case According to Law and that by good and Lawfull men of your Bailywick you make known unto the person or persons in whose hands you make the Same attachment that he She or they be and appeare before the Justices of our Said to beheld as aforesaid to Shew Cause (if any he she or they have) why the same goods Chattles, rights or Creditts So attached in his her or their hands ought not to be Condemned according to Law if to him her or them it Shall Seem meet and how you shall Execute this writt that you mak known unto our said Justices at the day and place aforesaid and have you there this writt Wittness William Holland Esq^r Chief Justice of our Said Court the 15^th day of July in the Eight yeare of our Reigne etc. Anno Dni 1709

(W Bladen) Jn^o Beale Cl

Alt which said Second tuesday of October to witt the 11^th day of the Same Month Anno Dni 1709 being the day of the returne of the said writt comes the said Mary Contee Ex^rx aforesaid by William Bladen her Attorney and the Sheriffe of the County aforesaid comes and make returne to the Court here of the aforegoeing precept directed to him as aforesaid Endorsed in these words (Viz^tt) By Vertue of the within precept to me directed I certifie to the Justices within Contained that I have attached of the goods and Chattles rights and Creditts of the within named S^r John Rogers the Summe of Six thousand pounds of tobacco in the hands of Mad^a Mary Contee towards Satisfaction of the within named Mary Contee Ex^rx of the last will and Testament of Colt John Contee Deceased her Damages and Costs within Specified and have made known unto the Said Mary Contee of her being and Appearing before the Justices at the day and place within Contained to Shew cause if any etc. before William Newman and Samuell Smallwood two good and lawfull men of my Bailywick as by the Same I am Comanded
Joseph Manning Sheriff:
of Charles County.

Thereupon the said Mary Contee Ex^rx as aforesaid by her attorney aforesaid (that upon giveing Securely according to act of Assembly that the said goods and Chattles so as aforesaid Attached in the hands of the said Mary Contee to the value of the Summe aforesaid also of the goods and Chattles rights and Creditts of the said S^r John Rogers may be Condemned in the hands of the said Mary Contee in part of Satisfaction for her the Said Mary Contee Ex^rx as aforesaid damages and Costs aforesaid Whereupon the said Mary Contee altho' Sollemnly Called comes not but makes default nor does any other person appeare or Shew Cause to the Contrary etc. And whereupon William Bladen Esqr one of the Attorneys of this present [sic] here in Court undertake[s] for the said Mary Contee Es^rx as afsaid according to acct of Assembly that in Case the said S^r John Rogers do at any time within a yeare and a day appeare and make all or any part of the said Mary Contee Es^rx as aforesaid Claime against him appeare to be Satisfied or otherwise to have been undue before the laying this attachment that then the said Mary Contee Ex^rx as aforesaid Shall make Restitution unto him the said S^r John Rogers of all or Such part thereof as Shall So be made appears to be undue etc. or that he the said William Bladen will do it for her Therefore it is Considered by the Justices here the 11^th day [of] October aforesaid that the said Summe of Six thousand pound[s] of tobacco as of the goods and Chattles rights and Creditts so as aforesaid Attached be Condemned in the hands of the said Mary Contee as of the goods and Chattles rights and Creditts of the said S^r John Rogers towards Satisfaction of the said Mary Contee Ex^rx as aforesaid her damages and Costs aforesaid and that she Have the Value of her Execution according to act of Assembly.

In testimony Whereof the Seale of the Provinciall Court is hereunto Affixed
per John Beale Clerk.

Afterwards to witt on the nineteenth day of July Anno Domini One thousand Seaven hundred and Fourteen that same day before his Excy John Hart Esq^r Captain General and Governour in chief in and over her Maj^ts Province of Maryland and before her Maj^ts Hon Councill of the same province came the said S^r Edmond Pridiaux Barronet and Dame Mary his wife Executrix of the last Will and Testament of S^r John Rogers Barronett deceased by Daniell Dullany their Attorney and Say that in the Record and process aforesaid as also in rendring of Judgment it is Manifestly Erred.
Imp^rs. In this that attachment was awarded against the said Sr John Rogers it not appearing that ever he lived in this Province.
2^dly. It is Erred in this that Attachment was awarded ag^t the said S^r John Rogers without two Non Est Inventus being returnd.
3^dly. It is Erred in this that attachment was awarded against the said S^r John A coppy of the declaraco[n] not being returned to be left according to the directions of the Act of Assembly in such case made and provided:
4^thly. Fourthly it is Erred in this that attachment] was awarded against the said S^r John in the sam[e] plea not being A plea of Debt nor the demand reduce[d] to A certainty.
5^thly. It is Erred in this that attachment was granted proo[f] by law required not being made of the said Action
6^thly. It's erred in this that the action being brought on A quantum Merruit attachment is granted without enquiry for the sume the said Mary Cont[ee] Averrd to be reasonably deserved in the declaration] and therefore pray that the Judgment aforesaid for the Errors aforesaid and others in the said w[ritt] and Process being may be reversed annulled and altogether] held for nought and that the said Sr Edmond Prideaux and Dame Mary his wife Executrix as aforesaid to all things that the said S^r John Rogers in his life time or they the said Edmond and Dame Mary his Wife lost thereby may be restored and that the Court of our Lady the Queen here may proceed to the Examination as well of the record and process aforesaid as of the matters aforesaid above for Errors assigned and that the said Mary who since the rendring the rendring [sic] the said Judgment intermarryed with Philemon Hemsley Gentn to the Errors aforesaid May rejoyne.

Da Dullany per Quer.

Thereupon Comes As well the said Phil^o Hemsley Gentⁿ and Mary his wife Ex^rx of the aforesaid John Contee Esqr by Thomas Bordley their Attorney, as the Said S^r Edmond Prideaux et ux^r Exc^rx of the said S^r John Rogers by Dan^l Dullany their attorney, and the said Phil^o and Mary by their said Attorney prays leave to imparle hereunto untill next Court and he hath it and the same day is given to the Plantiffs also.

Att which said next Court to witt the twenty Seaventh day of Sept Annoque Dmi 1714 this cause is continued untill the next Court and day is fur- ther given to partys plantiffs and defend^ts untill the next Courts.

Att which said next Court to witt the tenth day of March Anno Domi 1714 comes againe the party's plantiffs and Defend^ts aforesaid by their Attorneys aforesaid and the said Philemon Hemsley and Mary his Wife Ex^rx as afd by Thomas Bordley their att^ry saith that neither in the Record and process nor in the rendring of Judgment aforesaid it is in any thing Erred prays the Court of our Lord the King here (her late Maj^ty Queen Anne of Glorious memory being dead) will procceed to Examinacon of the Record and process aforesaid Th Bordley and the said Dan^ll Dullany also Dan Dallany.

Now here at this day to witt the day and Year last mentioned the whole procceedings aforesai[d] being read heard and by the Court here fully understood It is thereupon considerd by the Co^rt the same day and Year that the Judgment of the Provinciall Court aforesaid rendred in the cause aforesaid for the Erro^rs in the Record and process being be reversed anulld and altogeath[er] held for none and that the said S^r Edmond Prideaux and Dame Mary his wife Exec^rx as aforesaid to all things that the said Sir John Rogers in his life time or they the said S^r Edmond and Mary his wife lost thereby be restored and thereof have execucon and the Def^ts in mercy.

Daniel Dullany later married Charity (Courts) Smallwood, step-daughter of Col. John Contee.

Charles County Land Records, Liber C#2, page 146

12 Oct 1709; Recorded at the request of Madam Mary Contee:
03 Oct 1709; Indenture from Walter Bayne of Prince George's Co., Gent., and Martha his wife, to Mary Contee; for 50,000# tobacco and £100; a parcel of land near Wicomico River, originally granted William Marshall 20 Mar 1650; sold by Marshall to Walter Bayne, grandfather of afsd. Walter, 29 Sep 1660; containing 500 acres with dwelling house, etc.
/s/ Walter Bayne, Martha Bayne
wit. Hickford Leman, John Rogers, Alexander Contee

John Rogers married Anne Courts, step-dadughter of Col. John Contee. Alexander Contee was Col. John Contee's nephew.

Charles County Land Records, Liber C#2, page 153
03 Jan 1709/10; Walter Bayne and Martha his wife endorse back of deed in folio 146 & 147; recorded at request of Mary Contee
02 Jan 1709/1710; recorded by Mary Contee; Walter Bayne of Prince George's Co., for 50,000# tobacco and £100 for deed dated 03 Oct 1709 between said parties have delivered all cattle, hogs, sheep, steers, poultry, boars, sows, barrows or piggs and the plantation to Mary Contee
/s/ Walter Bayne
wit. Arthur Jackson, John Warren, John Rogers, Clerk

John Rogers married Anne Courts, step-dadughter of Col. John Contee.

Charles County Land Records, Liber C#2, page 168
Recorded at request of Daniel Steward:
06 Feb 1709/10; Indenture from Mary Contee, widow, to Daniell Steward, planter; for rents and services; a parcel of land of 100 acres lately in possession of Richard Lemaster next to Zachia Swamp
/s/ Mary Contee, Daniell Steward (mark)
wit. ___ Leman, John Rogers

John Rogers married Anne Courts, step-dadughter of Col. John Contee.

Charles County Land Records, Liber C#2, page 161
13 Apr 1710; Recorded at request of Mary Contee:
24 Mar 1710; Indenture from Richard Lemaster to Mary Contee, widow, for £9 and 6,000# tobacco; 2 tracts of land; one called Georges Rest on the west side of a branch of Zachia Swamp, formerly in St. Mary's Co.; bounded by Dennis Husoulaw and The Hills, part of a tract conveyed 1671 from William Boarman of St. Mary's Co., Gent. to Abraham Lemaster, father of the afsd Richard; from Abraham to William Taylor of Arundel Co., Gent.; from Taylor to Richard Lemaster afsd.; containing 100 acres; alaso a tract called Strife conveyed to Richard Lemaster from Benja. Hall, Gent. dated 12 Dec 1706; tract Hall sold to Samuel Smallwood of St. Mary's Co., bounded by Wm. Boarman, land of Abraham Lemaster called Betty Delight; containing 100 acres
/s/ Richard Lemaster
wit. Alexander Contee, John Rogers
ack. by Richard Lemaster and Martha his wife

John Rogers married Anne Courts, step-dadughter of Col. John Contee. Alexander Contee was Col. John Contee's nephew.

Charles County Land Records, Liber C#2, page 219
09 Feb 1710/11; Recorded at request of John Parry, factor:
18 Sep 1710; Indenture between Walter Bayne of Prince George's Co., Gent., and John Parry, factor; for £15 and 3,600# tobacco; a parcel called Rochester bounded by John Clark, land where Eleanor Baynes formerly lived (which land was of late sold by Walter Bayne to Madam Mary Contee and now in her possession); containing 200 acres
/s/ Walter Bayne
wit. Wm Harbert, Thomas Crabb, Cornelius White
John Parry paid above
/s/ Walter Bayne
wit. Wm. Harbert, Thomas Crabb, Cornelius White
ack. by Walter Bayne and Martha his wife
23 Feb 1710/11 alienation paid by John Parry, factor

Archives of Maryland, Volume 27, pages 496-497

Proceedings and Acts of the General Assembly, March, 1707-November, 1710
By the House of Delegates October 27th 1710

The Representation of M^r John Dansey her Majesty's Receiver of Potowmack District read as followeth Viz.

May it please your Honours
By Virtue of your Honour's power to me granted to be her Majesty's Receiver of the District of Potowmack In pursuance thereof I was directed by her Majesty's Attorney for the County of S^t Marys to make a Demand of the Estate of one George Askin of Charles County being forfeited to her Majesty In obedience I made Demand and found it lodged in the Hands of Madam Mary Contee whose answer was that she would keep said Estate by order of the late Governour and if I wanted it I might sue his Exec^rs for she had it & would keep it I humbly crave your Honours further directions therein that I may not be charged with said Estate in giving an Acct to the Lord High Treasurer of Great Brittain how her Majesty's Rev- enue is appropriated. I likewise inform your Honours that I have received from the Clerk of S^t Mary's County a List of several sums of tob^o and mony which has been forfeited to her Majesty in M^r George Muschamps Time and find none will be payed
I humbly Crave to be discharged from such Demands unless your Honours will be pleased to give further Directions to Compell the Sheriffs of said Countys to Execute the same on Denial otherwise her Majesty's Revenue and her proper officer in the due Execution of his Duty will be invalid With the greatest Submission I waite your Honours Commds.

Annapolis October the 27^th 1710

Which being considered of and the Board informed that the said George Askin has brought a Writt of Error on the af^d Judgem^t do not think fitt to order any further proceedings thereon until the s^d Writt of Error is fully disputed. But as to the Fines and Forfeitures mentioned to have become due in M^r Muschamps Time they do direct M^r Dansey to Encourage the Clerk of the Indictm^ts in S^t Marys County to get those Fines by due Course of Law

Maryland Calendar of Wills: Volume 3

Numan, William, Chas. Co.
21st Feb., 1710/11;
3rd Aug., 1714.

To wife Mary, extx., entire estate, real and personal.
Test: Mary Contee, Judith Warren, D. Dulany.
13.736.

Charles County Land Records, Liber C#2, page 245
03 Mar 1710/11; Indenture from Ralph Lomax, planter, and Margaret his wife to Mary Contee, widow; for 20,000# tobacco; a parcel of land in the tenure of Ralph Lomax containing 300 acres; part of tract called Rich Hills containing 600 acres; formerly granted 19 Apr in the 34th year of his dominion to Hugh Thomas, dec'd; conveyed to Thomas Lomax, dec'd
/s/ Ralph Lomax (mark), Margtt Lomax (mark)
wit. Da. Dullany, John Bleen, Jno. Mellor
16 Jun 1711 Margaret Lomax, wife of Ralph Lomax, ack. deed by her attorney
03 Mar 1710/11; above 20,000# tobacco paid
/s/ Ralph Lomax (mark)
wit. same

Daniel Dullany was married to Charity (Courts) Smallwood, step-daughter of Col. John Contee.

Charles County Land Records, Liber C#2, page 247
03 Mar 1710/11; Ralph Lomax to continue possession of plantation and may redeem it within 3 years
/s/ Mary Contee
wit. Dall. Dullany, John Blee, Jno. Mellor

Daniel Dullany was married to Charity (Courts) Smallwood, step-daughter of Col. John Contee.

Charles County Land Records, Liber C#2, page 247
03 Jul 1711; Recorded at request of Mary Contee:
03 Mar 1710/11; Ralph Lomax appoints his wife, Margarett to ack. deed for 300 acres being part of a tract called Rich Hills of 600 acres
/s/ Ralph Lomax (mark)
wit. Danll Dullaney, John Blee, Jno. Mellor
16 May 1711; Daniel Dullany makes oath regarding signature of Ralph Lomax on Letter of Attorney

Daniel Dullany was married to Charity (Courts) Smallwood, step-daughter of Col. John Contee.

Maryland Calendar of Wills: Volume 3, page ___

Lynes, Ann, Chas. Co.
20th Nov., 1711;
17th Dec., 1711.

To Mary Chismund and hrs., goddau. Ann, dau. of James Tyre; Ann Hoskins, wife of Col. Philip Hoskins; Frances, wife of Col. Rice Hoe, in Va.; Major Walter Story, Sarah Story, dau. of sd. Walter and Mary, his wife; Robert Bates; Mary, wife of Philemon Hensley; Rice Loe and hrs; Judith, wife of John Warren; Eliza:, wife of Benja. Douglass, and Mary, dau. of Joseph and Penelope Douglas, personalty.
To Robert Yates, Brittish boy John Radfield, in payment of debt due by late husband, --.
To John, eld. son of Col. John Seymour (late governor), and his hrs., 1000 A., Bellconnell, on Elk R.
Ex.: Maj. Walter Story.
Test: Michael Martin, Matthew Scarborough, Henry Ayres.
13.325.

Charles County, Maryland Land Records Liber C#2, page 268
04 Feb 1711/12; Recorded at request of Alexander Contee:
02 Feb 1711/12; John Contee, by his will, left his nephew, Alexander Contee stock purchased from Samuel Fearson; to be delivered by Mary, relict of John Contee and now wife of me, the subscriber; authorizes Alexander to claim his inheritance
/s/ Phile Hemsley
wit. Elizabeth Berry, Jno. Stevens

The will of John Warren dated 12 Aug 1713, proved 13 Feb 1713/14 in Charles County Maryland was witnessed by John Maddox, Alexander Contee & Thos. Lewis. He devised to his wife Judith Warren the 500 a. dwelling plantation and Hatton's Point. He divided the remaining property between his two daughters, Mary Warren and Ann Warren. Mary Warren received from her father tracts Rich Thicketts with 500 a. adjoining tracts The Hills and Warren's Discovery. Ann Warren received The Tanyard and Smoot's Purchase.

Aunt Mary Hemsley be guardian to their daughters should Judith die before they are sixteen years old

Archives of Maryland, Volume 38, pages 171-173

Acts of the General Assembly hitherto unpublished 1694-1698, 1711-1729
Acts of Oct 1713

An Act for the relief of John Smith of Cecill County in the regulateing a mistake in a certain deed of bargaine and Sale from the devisees of Phillip Lynes Esq^r to him made

Whereas John Smith of Cecill County son and heir at law to William Smith late of the same County deceased has by his humble petition and allegations Shewn and set fourth to this present Generall Assembly that it was heretofore to witt on or about the fourth day of February in the Year of our Lord Christ one thousand seven hundred and One agreed by and between Phillip Lynes late of Charles County Esquire deceased (who was seized in fee of two large tracts of land in the aforementioned Cecill County the one Called Friendship the other Belleconell) of the one Part and the aforementioned W^m Smith of the other part that the said Phillip in Considⁿ of two hundred and five pounds Sterling should Convey assigne make over and Confirme unto the s^d W^m his heirs and Assignes for ever a good sure and Indeffeazable Estate of Inheritance in fee simple of in and unto one hund^d & thirty acres of land out of fourteen hundred acres Called Friendship and also of in and unto Eight hundred and Seventy acres of that Land Called Belleconell which Lay next the water on Each side of the run of Elk river in the whole one thousand acres of Land to the use of the s^d W^m his heirs and assignes for ever for the better Assureing the performance whereof the s^d Phillip Lynes Esq^r past his Obligation to the same W^m on the fourth day of May Anno Dom Seventeen hundred and three whereby he Oblidged himself and his heirs in the penall Sum of five hundred and fourteen pounds Sterling with Condⁿ that in Case he performed his part of the agreement aforementioned upon payment of the Considⁿ money above Exprest, that then the same Obligation should be Void And whereas as well the s^d Phillip Lynes as the said William dyed before the Execution of any deed of Sale or Feofment of said land or before the Considⁿ mony fully paid And for that the said John as Son and heir at Law to the said W^m hath since Compleated the payment thereof, and for that the devisees of the said Phillip Lynes to witt Anne Lynes, W^m Bladen Esq^r and Mary Contee (then) widdow being minded to Execute and performe on the part of their devisor what In his lifetime was oblidged to perform towards the said W^m Smith and his heirs Executed a deed of bargaine and Sale dated the twentyeth day of September seventeen hundred and Eleven Intending thereby to Convey Assure and Confirme unto the said John Smith the son and heir at law as af^d and his heirs and Assignes the said one thousand acres of Land agreed for by the meets and bounds in the Same deed Exprest as by the same deed acknowledged and Enrolled in the records of Cecill County Court referance thereto being had may more at Large appear But forasmuch as it is made appear to this present Generall Assembly that the land Exprest in the same deed to be surveyed out of that tract Called Belleconell for Eight hundred thirty two acres Contains really within the bounds thereof, as mentioned in said deed but about four hundred fifty four acres the surveyor that Laid out the same haveing Expended that number of pearches in the turnings winding and Meanders of the branch which if Extended in a right Line northerly up the branch would by an East and west Line run Athwart the said main tract from the End of such northerly Line and by the Originall bounds of the said land to the southward of such East and west Line, have Included the quantity of Eight hundred thirty two acres out of the said Belleconell which mistake is prayed to be rectifyed, And for that Ann Lynes one of the devisees of the said Phillip Lynes who had Elected the residue of the s^d tract Called Belleconell to herself is Dead since the Executing of the deed of Sale af^d and hath not left any heir or devisee that Can be made Lyable to any Suit of the, said John in Maryland, And for that the true Intent and Meaning of the said Phillip Lynes and W^m Smith deceased and of the said devisees and the said John Smith is sufficiently made appear to have been that the parcell of Land Conveyed as af^d out of Belleconell as af^d for Eight hundred thirty two acres ought to Contain that quantity, But by the mistake af^d it really Containes but about the Quantity of four hundred fifty four acres above mentioned according to the bounds mentioned in the said deed and for that the payment of the Consideration mony of said land is plainly made appear to have been duly made by the said W^m Smith and John Smith it is therefore humbly prayed that it may be Enacted.
And be it Enacted by the Queens most Excellent Maj^ty by and with the advice and Consent of her maj^tys President Councill and Assembly of this province and the authority of the same that it shall and may be lawfull for the s^d John Smith his heirs and Assignes for ever to have hold use Occupy possess and Enjoy as well the said one hundred Sixty Eight acres of land part of the Friendship Conveyed as af^d as also Eight hundred thirty two acres of land out of the tract Called Belleconell according to the description following (that is to say) the said Eight hundred thirty two acres to be bounded on the south on the East and on the west w^th the originall bounds of the main tract Called Belleconell and on the north with an East and west Line to be drawn athwart the said tract from the Eastermost to the westermost bounds thereof at such a place as may devide the said quantity of Eight hundred thirty two acres to the Southward of said East and west Line and on the southermost part of said main tract from the residue of the said land lying to the northward of said East and west Line and that the said John Smith his heirs and Assignes for Ever shall peaceably have hold use occupy possess and Enjoy the Same Eight hundred thirty two acres part of Belleconell and the one hundred Sixty Eight acres part of the friendship in the whole Containing one thousand Acres and as good sure an Indefeazable Estate of Inheritance in fee simple therein to the use of him the said John his heirs and Assignes as af^d to all Intents Constructions and purposes as if the said deed of bargaine and Sale had legally Conveyed the same one thousand acres according to the discription thereof herein mentioned to the said John and his heirs and assignes to the uses afores^d according to the form of the Act of Assembly of this province for quieting possessions Inrolling Conveyances and secureing the Estates of purchasers any thing in said act or any other defect in said deed or in the Survey therein mentioned to the Contrary Notwithstanding

Charles County, Maryland Land Records (1714-1716), Liber F#2, page 84
21 Jan 1715; Indenture from Judith Warren, widow, relict of John Warren, dec'd, to John Bruse; for 5s; a parcel of land on the Wicomico River formerly granted Thomas Hatton, Gent.; bequeathed by John Warren to his widow Judith; containing 500 acres;
/s/ Judith Warren (mark)
wit. Jno. Fendall, Geo. Dent
ack. by Judith Warren 10 Jan 1715

Archives of Maryland, Volume 30, page 38

38 Assembly Proceedings, April 26-June 3, 1715.
By the House of Delegates
May the 10th 1715

May It please your Excellency and Honours This House taking notice of a Complaint of some of the Militia Officers of Charles County Referred to the House of Delegates by the honble Council on the 6th of May 1712 against M^r Philemon Hemsley and Mary his wife lately called Mary Contee about Embezling some of the Arms and Ammunition of this Province delivered out of the publick Store at Annapolis in the year 1706 to Col John Contee dec^d thought fit to call the said Philemon and Mary before the Bar of this House to answer the same on Examination of whom It fully appears that the said Philemon & Mary his wife as she is Executrix of Col John Contee are still accountable to the pub- lick for one Barrel of good Gunpowder con. 100^ls weight one Barrel of muskett shot 3 pair of Pistols, one Cutlace with Belt, two Drums, & two muskets they having produced no Receipt of the same being delivered by the said Col Contee in his Life time or themselves since to any Person qualifyed to discharge them and therefore pray your Excellency & Honours will order such effectual Care may be taken that the said Philemon and Mary his Wife may be Obliged to make Satisfaction for the said Deficiency that Embezlements of the Magazine may be discouraged for the future
Signed p order Tho^s Macnemara Cl Ho Del.

Which being read and likewise the Petition of M^r Philemon Hemsley praying to be heard thereto Resolved the said Mr Hemsley be admitted before this Board to offer what he has to say in his defence upon the said Representation
Who appeared and alledged that as to the powder Col Contee's Executrix had delivered 86^£ to the order of Col James Smallwood since her Husband's Death, and that there had been two General musters in which the rest of the powder that Col Contee had was Expended except what was fired away at his Burial, That as to the Drums they were in the county one of the Musketts were broke, and one other broke by two drunken Soldiers of the Militia And also one Cutlace so broken by a Drunkard. But as to the Pistols he having no proper discharge is willing to answer for them
Which not being wholly Satisfactory, Ordered That M^r Hemsley State & give this Board a fair account of the Arms and Ammunition Col Contee had delivered him And that he lay the said Account before this Board to morrow morning by nine of the Clock

Wednesday May the nth 1715

M^r Philemon Hemsley according to the Order of the Board yesterday laid before his Excell in Council the Account of Arms & Ammunition received by Col John Contee late of Char^s County dec^d out of the publick Store at Annapolis Which Account being Inspected & Examined by the Board Resolved that M^r Philemon Hemsley & Mary his wife Executors of the s^d Col Contee stand accountable for three pair of Horse Pistols which they are hereby required to deliver to the Col or Commander in chief of the Militia of Charles County As likewise for two Drums which they are to deliver to the said Officer Unless the said Drums be already delivered to the proper officers in the s^d County

In 1716 two ships, the Friendship of Belfast and the Good Speed of Liverpool, arrived in Annapolis Maryland with Jacobite prisoners taken in the Rebellion at Preston, in Lancashire. These two shiploads of prisoners were sent over after the defeat of Mar and Derwentwater's "risings" in 1715-1716. The ship Good Speed, commanded by Arthur Smith, left Liverpool, England, on 28 July 1716 and arrived in Annapolis, Maryland, on October 18, 1716, carrying fifty-five prisoners, most of whom were sold as indentured servants. The Rebels transported were "sold by the factor of Messrs. Richard Guildard & Company" to serve a term of seven years. John Bruce is listed as the "purchaser" for Wm. Ferguson and James Dixon. Judith Bruce is listed as the "purchaser" for Tho. Hume.

Testamentary Proceedings, Liber 23, page 82
30 Jan 1716/7, John Bruce, who had married the widow, petitioned the court to pass their account upon the estate of John Warren.

Maryland Calendar of Wills: Volume 4

Hemsley, Philemon, Queen Anne's Co.,
14th Apr., 1719;
7th Nov., 1719;
10th Nov., 1719.

To child. William and Anne, certain negroes and residue of estate on Eastern Shore. To wife Mary, certain negroes and residue of personal estate on Western Shore, with debts due on Eastern Shore to estate of Col. John Contee, of Charles Co., dec'd, viz.: from Philemon Lloyd, John Bozman, ex., and Thomas Kellton, of Cecil Co. Also share from cargoes held in partnership with Jonathan Forward, mercht., of Loudon, with management of same. Sd. bequests in lieu of any claim against estate on Eastern Shore. Debts contracted by testator concerning estate on Eastern Shore to be pd. by exs. appointed for management of estate on that Shore, viz.: Robert Noble and son William. All rest and residue of debts, due in England or on Western Shore relating to wife's dealings when in England or concerning her proper estate, or that of Col. John Contee, be pd. by extx. for her estate on Western Shore, viz.: wife Mary. Shd. she refuse executorship and legacies, Thomas Boardley, Esq., to act in her place. Son to be of age at 18.

Test: Rich. Cotton, Geo. Constable, David Lindsay, Mary Owens. 15. 266.

Note Codicil, date afsd. To dau. Anne, pt. of Towtenfields at hd. of Choptank R., Queen Ann's Co., bou. of Renatus Smith, and formerly laid out for Col. Vincent Lowe.

Charles County Deeds Book L#2, page 84

22 Apr 1723

Know that I, Mary Hemsley of Annapolis in Anne Arundel County, widow, for the love I have for my sister, Mrs. Judith Bruce of Charles County, decd, I give unto her 4 children viz -

To Charles Bruce, eldest son of the afd Judith - 1 Negro boy called Toney, aged about 5 years.
To Townley Bruce, youngest son - a Negro boy, named Nacey, aged about 16 months, both being the sons of a Negro woman called Jeany.
To Francis Bruce, eldest daughter of the afd Judith - a Negro girl called Bett, daughter of a Negro woman called Sarah, aged about 2 years.
To Eliz^a Bruce, youngest daughter - a Negro girl called Sarah, daughter of a Negro woman called Dubba, aged about 2 years.

If any of the afore mentioned children dies, their part to sd Francis Bruce, & in case of her death, to the afd Charles Bruce. In case of both of their deaths, to the surviving heirs of the afd Mrs. Judith Bruce.

Signed Apr 19, 1723 - Mary Hemseley

Wit. - James Rutherford, Wm Rogers, David Rutherford.

The gifts were likely made shortly before Mary Hemsley's marriage to William Rogers.

26 Oct 1723
William Rogers, City of Annapolis, and his wife Mary conveyed part of a tract called Strife, containing 135 acres.

04 Apr 1724
William Rogers, City of Annapolis, and his wife Mary conveyed lot #20, on East side of the main fresh or head of Portobacco Creek.

24 May 1725
Mary Rogers died in St. Anne's Parish.

Archives of Maryland, Volume 38, pages 384-386

Acts of the General Assembly hitherto unpublished 1694-1698, 1711-1729

An Act to Repeal an Act Entituled an Act for Confirming and Making Valid the Last will and Testament of Collonel John Contee

Whereas att a Session of Assembly held at Annapolis the twenty ninth day of November in The year of Our Lord One Thousand Seven hundred and Eight An Act past Entituled An Act for Confirming The Last Will and Testament of Colonel John Contee Reciting that whereas the said John Contee had on the Thirty first day of July then Last past made his Last will and Testament In writing then Recorded in the perogative Court Of This province naming Mary his wife Sole Executrix thereof and that he had well Considered and perused the said will and declared his free Approbation thereof but that before he Could Sign and Solemnly publish the Same he died Suddenly notwithstanding which recital it is now made manifestly Appear to this Assembly that the said pretended will was wrote by a person Verry Officious to Oblige The said Mary in a room Distant from that in which The said John Contee Lay Sick where it was not possible for him to Communicate his mind to the said writer and that after the said pretended will was wrote and brought to him he Refused to perfect the same and Declared his Disapprobation thereof and Could never be prevailed on to perfect the same Though Frequently Importuned and tho he Lived Severall Days after the writing the said Instrument and Continued all the time of Sound and disposing mind And whereas it is Likewise made Appear to This Assembly that the Evidence which Induced The former Assembly to pass the said Act were partial Examinations of wittnesses by an Officer who had Certified under his hand in the name of his Office which was Judicial that the said Will was prov'd in Common form before him whereas in truth the very paper Pretended to be the Designed will of the said John Contee being produced to this present General Assembly Appears to have been neither Sign'd nor Sealed By the pretended Testator and Consequently could not be prov'd in Common form without Evident perjury By which and other means too shocking to be Transmitted to posterity but not too shocking to be then made use of by the Interest and Influence of particular persons in power by whose Interest and Influence the said Act past both Houses of Assembly the very next Day after Leave was given To bring in the Bill Contrary to the Standing rules of The Lower House whereby the Heir at Law and other Legal representatives of the said John Contee who were Subjects of Great Brittain and then actually resideing in Great Brittain were Devested of the real and personall Estate of the said John Contee without The Least notice of such a proceeding or Opportunity of defending their Right Contrary to Equity and naturall Justice all which appears more fully sett forth in the petition Lodged in the proper Office and is well made Out to this present Generall Assembly And Whereas Due notice of the application hath Been Given to M^r John Bruce the father and Natural Guardian of Charles Bruce Son and heir att Law of a Supposed Sister of the said Mary the wife of the said John Contee and unto William Rogers John Courts John Speake Richard Speake and John Neale being all the persons known that had any Claim to the Estate of the said Mary by purchase or Otherwise within this province Or under the said pretended Will, Be it Therefore Enacted by the Right honble the Lord Proprietary by and with the Advice and Consent of his Lordships Governeur and The upper and Lower Houses of Assembly and the Authority of the Same That the said Act Entituled An Act Confirming the Last will and Testament of Colonel John Contee be and is hereby repealed Abrogated and made Void Provided nevertheless That no person that hath Purchas'd any of the Lands or Tenements whereof the said John Contee Died Seized and that hath actually really and Bona fide paid the Consideration Agreed for shall Be prejudiced by this Act nor any Contract for The sale of Any the said Lands made by the said Mary be Defeated provided the purchase Money be paid to the said heir at Law Where not already Actually paid to the said Mary Any thing therein To the Contrary notwithstanding And in regard the whole personal Estate of the said John Contee is Disposed of Be it Enacted that nothing in this Act shall Extend or be Construed to Extend to prejudice any person now possest of any part thereof but that all persons so possest shall hold and Enjoy the same Saving to his most Sacred Majesty his heirs and Successors and to all Body's politick and Corporate and all others not mentioned in this act their Severall and respective rights Anything in this Act to the Contrary notwithstanding.

Archives of Maryland, Volume 38, pages 403-404

Acts of the General Assembly hitherto unpublished 1694-1698, 1711-1729

An Act to make Valid a Deed of bargain & Sale from W^m Rogers & Mary his wife to Jn^o Tenneson of Charles County when Recorded John Tenneson of Charles County haveing by his humble pet^t set forth that in the year of our Lord One thousand Seven hundred & Twelve he purchased of a Certain Philemon Hemsley and Mary his wife one hundred & thirty five acres of Land part of an Other Tract Called Strife for the Valuable Consideration of Twelve thousand pounds of Tob^o and that tho he often Importuned them to Execute a Deed for that purpose Drawn & had made severall fruitless Journys to Annapolis for that End and been at Great Expence & fatigue yet was allways put of with frivolus Excuses & Delays till after the Death of the said Philemon and Intermarriage of the said Mary with M^r William Rogers when being by him again Sollicited They promised the said Tenneson to Execute a Deed and send the same Down to him without Occasioning him any further Trouble or Expence for the fullfilling of which the said Tenneson waited untill he heard of the Death of M^rs Rogers when again Coming up to Annapolis on that Occasion he found a Deed had been Executed in the Life time of the said Mary bearing date the Twenty Sixth day of October Anno Dom: Seventeen hundred & Twenty three and he had neither notice Given According to promise or any Knowledge thereof till that time being May Seventeen hundred & twenty six whereby the said Tenneson became Intirely Deprived of the benifit of haveing the same Enrolled according to Law wherefore the said Tenneson hath in humble Manner Pray'd Leave to bring in a bill to Supplye the Defect af^d and for that the Truth of the s^d Tennesons Allegations is made Appear to this Generall Assembly and the Deed aforemenconed produced Signed & Acknowledged in Due form of Law before the Honble Jn^o Mackall Esq^r one of the then Justices of the Prov^ll Court Tis therefore prayd that it may be Enacted
And be it Enacted by the R^t Honble the Lord prop^ry by and with the Advice & Consent of his Lordships Governeur & the Upper and Lower houses of Assembly and the Authority of the same that it shall & may be Lawfull for the said John Tenneson at any time w^thin six months after the End of this Session of Assembly to Enroll or Cause to be Entered on the Records of Charles County the Deed of Sale of the Tract of Land aforesaid purchased from the said Philemon & Mary his wife made Over by W^m Rogers & the said Mary as aforemenconed and when so Enrolled the said John Tenneson His heirs & Assignes for Ever shall by vertue thereof and of this Act be Invested with the same Estate Right Title Interest property Claim & Demand of in and to the said Tract of Land part of a Tract of Land Called Strife and shall have hold Occupy and Possess & Enjoy all and Singular the Rights Members and Appurtenances to the Same belonging and in any wise Appertaining in as full and Ample Manner to all Intents Constructions and purposes in the Law whatsoever as if the said Deed had been Recorded within Six months from the date and Acknowledgement of the said Deed any Law Statute useage or Custom to the Contrary in any wise notwithstanding Saveing to the Kings most Excellent Majesty and the Lord proprietary their heirs & Successors and all bodies Politick and Corporate and all others not Menconed in this Act their Severall & Respective Rights.

Archives of Maryland, Volume 37, page 251

Proceedings and Acts of the General Assembly, May, 1730-August, 1732
Assembly Proceedings, July 13-July 29, 1731

An Act to Supply some Defects in a Deed of Bargain and Sale from Audrey Taylard Late of S^t Maries County Widow to Philemon Hemsley and Mary his wife of a Lot or Portion of Ground Lying in Annapolis now in the Possession of the Honourable Charles Calvert Esq^r.
Whereas Audry Taylard late of S^t Maries County Widow By Deed of Bargain and Sale by her Sealed and Delivered bearing Date the first day of October One Thousand Seven Hundred and Eighteen for the Consideration of Thirty pounds Sterling sold and Conveyed to the said Philemon Hemsley and Mary his wife their heirs and Assigns for Ever One Lot or portion of Ground Lying in Annapolis now in the Possession of the Honourable Charles Calvert Esq^r which said Deed was by Virtue of a Letter of Attorny bearing Equal Date therewith and proved by the Oath of Two Creditable Witnesses to have been Sealed and Delivered by the said Audry Impowering John Beall Gent, to acknowledge the same the Eighteenth day of Aprill Anno Domini One Thousand Seven hundred & nineteen Acknowledged before James Stoddert Esq^r then One of the Justices of the Provincial Court by the said John Beall and not by the said Audry in person. And Whereas the said Deed was Omitted to be recorded untill the thirtieth Day of Aprill Anno Domini One Thousand Seven Hundred & nineteen and that it is Doubtfull that the Omission of the said Audrys Acknowledging the said Deed in person and of its being recorded within Six Months after the Execution thereof may render the Title of the said Philemon Hemsley and Mary his Wife from the said Audry Disputable for prevention whereof
Be it Enacted By the Right Honourable the Lord Proprietary by and with the Advice and Consent of his Lordships Governeur and the Upper & Lower Houses of Assembly and the Authority of the same that the said Deed of Bargain & Sale shall be as good Effectual and Available in Law to bar the heir or heirs of the said Audry Taylard from any Claim Estate or Demand of in or to the said Lot, And to Invest the Heir or Assignes or those who have the Estate of the Heir or Assigns of the said Philemon Hemsley and Mary His wife or Either of them in the said Lot as if the same Deed had been Acknowledged by the said Audry in her proper person according to the Act of Assembly for Quieting Possessions & Enrolling Conveyances and Recorded within Six months after the Date thereof any Defect or Omission in the Same Deed or any Law Usage or Custom to the Contrary notwithstanding Saving to his Sacred Majesty his heirs and Successors the Right Honourable the Lord Proprietary his heirs and Successors and all Bodies Politick & Corporate and all other persons not named in this Act their Respective Rights.

Charles County Land Records Book M#2 page 292

At the request of Colo John Fendall of Charles County, the following deed was recorded this Jul 31, 1732.

Dec. 13, 1731 from James Wotton of Ogburn St George in the county of Wilts in Great Britain, Clerke, and Frances, his wife (lately called Frances Townley, one of the sisters and co-heirs of Mary Rogers decd, formerly called Mary Contee of Charles County, (widow) to John Fendall of Charles County, Esq. William Marshall, late of Charles County, decd, by virtue of a pattent dated Mar 20, 1650, for 500 acres commonly called Mash Land, lying in Charles County on the west side of Wiccicomoco River, bounded by .. . Sd Wm Marshall, by his deed of 1663, sold to Walter Bayne late of Charles County, decd, the afd tract of land, except for 50 acres, and part of the 500 acres mentioned in the deed by sd Marshall to John Clark decd, by means of which sd conveyance the afd Walter Bayne became seized in fee to 450 acres, part of the afd 500 acres, & thereby died possessed, which sd 450 acres descended to John Bayne, son & heir of Walter Bayne, who likewise died thereof possessed, by who demise the land descended to Walter Bayne, son and heir at law to the afd John Bayne, to which sd Walter Bayne last mentioned, by his deed dated Jun 1, 1700, he conveyed the land to the afd Mary Contee .. called Mary Rogers, died thereby seized, without issue and intestate, whereby the land descended to the heirs of Judith Bruce, late of Charles County, decd, lately called Judith Townley, one of the sisters & co-heirs of the afd Mary. Now this deed witnesses that sd James Wotton & Frances, his wife, for 112 £ 10 shillings sterling money of Great Britain, the sell to sd John Fendall, one moiety or half part of the 450 acres.

Signed - James Wotton, Frances Wotton
Wit - Francis Buckeridge, John Lucas

Charles County. On Jul 28, 1732 came before us, 2 Charles County Justices, George Dent and Samuel Hanson of Charles County, acknowledged the within deed.

Signed - Robert Yates, Jno Howard.

I, Thos Lypyeatt, Mayor of Burrough of Marlebourough in the County of Wilts in Great Britain, know that before me today came John Lucas of Marleborough afd, Gent, being a person well known and worthy of credit, and did, by solem oath, declared that he was present and saw James Wotton of Ogburn St George in the County of Wilts, Clerk, and Frances his wife (lately called Frances Townley, one of the sisters & co-heirs of Mary Rogers decd, formerly called Mary Contee of Charles County, widow) seal and deliver the afd deed dated Dec 13, 1731, and their power of attorney.

Charles County Land Records Book M#2 pages 345-346

At the request of John Fendall of Charles County, the following power of attorney was recorded this Jun 19, 1733.

James Wotton of Ogburn St George in the County of Wilts in Great Britain, Clerk, and Frances, his wife, send greeting.

Sd James and Frances, his wife, (lately called Frances Townley, one of the sisters and co-heirs of Mary Rogers decd, formerly called Mary Contee of Charles County, widow, by a certain indenture dated Dec 13, 1731, sold to John Fendall of Charles County, Esq, the moiety or half part of 450 acres, part of a tract of 500 acres commonly called Marshalls Land, lying in Charles County on the west side of Wicocomoco River. NOw know that we, sd Jame and Frances, for the better confirmation of the lands in the afd deed to JOhn Fendall, have appointed George Dent, Robt Hanson, Gustavus Brown, & Samuel Hanson of Charles County, Gent, or any 2 of them, our attorneys, to acknowledge sd deed and lands to be the absolute estate of the afd John Fendall.

Signed Dec 12, 1732 - James Wotton, Frances Wotton.
Wit. Geo: Buckeridge, Samuel Wilde.

Charles County. Jun 12, 1733. Then came Capt. Geo: Bukeridge and made oath that he saw James Wotton & Francis Wotton, his wife, seal the within power of attorney, and that Samuel Wilde was, likewise, present and subscribed as a witness that the sd Wilde died on board the sd Bickeridge's ship in his passage to Maryland.
Wit - Sam Hanson, Clk Cru.

Charles County Land Records Book O#2 page 6B

Recorded Oct 10, 1733. Dec. 13, 1731 from James Wotton of Ogburn St George in the county of Wilts, clerk, and Frances, his wife (lately called Frances Townley, one of the sisters and co-heirs of Mary Rogers deceased, formerly called Mary Contee of Charles County, widow) to John Fendall of Charles County, Esq. William Marshall, late of Charles County, deceased, by virtue of a patent dated Mar 20, 1650, owned 500 acres commonly called Marshalls Land, lying in Charles County on the west side of Wiccomoco River. Said Wm Marshall, by his deed dated 1663, sold to Walter Bayne of Charles County, deceased, the afd tract of land, excepting 50 acres, to be sold by said Marshall to John Clark deceased, by means of which sd Walter Bayne came to own the 450 acres, part of the 500 acres, & thereof died possessed, whereby the 450 acres descended to John Bayne, son and heir of Walter Bayne, who likewise died thereof possessed, by whose demise the land last mentioned descended and became the proper estate and inheritance of Walter Bayne, son and heir of the afd John Bayne. Said Walter Bayne last mentioned, by his deed dated Jun 1, 1706, conveyed the land to the afd Mary Contee. Said Mary Contee afterwards called Mary Rogers, died thereof seized, without issue and intestate, whereby the land descended to the heirs of Judith Bruce, late of Charles County, deceased, lately called Judith Townley, one of the sisters and co-heirs of the afd Mary and to the said Frances the other sister and co-heir as afd. Now this deed witnesses that sd James Wootton & Frances, his wife, for 112 £ & 10 shillings sterling, sell to John Fendall, one moiety or half part of the 450 acres.

Signed - James Wootton, Frances Wotton
Wit - Francis Buckeridge, John Lucas

On Oct 5, 1733 by virtue of a power of attorney directed to George Dent, Robert Hanson, Gust: Brown, Samuel Hanson, or any 2 of then from the within named James Wotton & Frances, his wife, dated Dec 12, 1732, came before Robert Yates and John Howard, 2 Charles County Justices, and acknowledged the within deed.

Charles County, Maryland Court Record Book T#2, page 265
13 Nov 1736
Charles Bruce, son of Mr. John Bruce, decd, in Court here, on his motion, is admitted to choose his guardian, and accordingly makes choice of Notly Maddox, who in Court here accepts thereof and is so appointed.

Notly Maddox was the brother-in-law of Charles Bruce, having married Mary Warren, daughter of Judith Townley and John Warren.

Charles County, Maryland Court Record Book T#2, page 416
08 Nov 1737
Townly Bruce, an orphan, is by this Court put under the Guardianship of William Dent, who accepts thereof.

William Dent was the brother-in-law of Townly Bruce, having married Anne Warren, daughter of Judith Townley and John Warren.

Charles County Land Record Libre X#2, pages 83-85

At the request of Robert Yates of Charles County, the following deed was recorded on April 17, 1744.
March 1, 1743 from Charles Bruce of Charles County, Gent:, to Robert Yates and Sarah, his wife, of Charles County, for 15,000 lbs tobacco, and for the execution of a deed of even date with these resents, by which deed he, the said Robert and Sarah relinquished their right of dower to 2 tracts of land, and for divers and other good causes, Charles Bruce hereby sells to Robert Yates and Sarah, his wife, or the survivor of them, the 3 following tracts of land, during their natural lives; that is to say, one tract of land in Charles County near Wicomico River side, being one moiety of the land which originally was the land of William Marshall of Charles County, and assigned by said Marshall to Walter Bayne, which assignment was dated Sep 29, 1664, and afterwards conveyed by Walter Bayne and Martha, his wife, to Mary Contee by deed dated Oct 3, 1709, and also divided between Colo: John Fendall, and John Bruce, natural guardian to the said Charles Bruce. The land is bounded by a read oak standing in the woods by the land of Charles Yates, containing and laid out for about 225 acres. But as the tract of land (to wit the whole 450 acres) was divided during the minority of the said Charles Bruce, which division is not good and available in law, but of necessity the tract must or may be divided again, between the heir or devisee of sd Colo John Fendall, and Robert Yates or Sarah, his wife, or the survivor of them, the one moiety of the wole tract so divided, which, by choice or otherways, may happen to fall to their lots by any division so made, between the heir or devisee of sd John Fendall and Robert Yate or Sarah, his wife, or the survivor of them, according to the metes and bounds at such time hereafter made and fixed, for and during their natural lives, another tract of land called Himslays Marsh, lying on the west side of Wicomico River in Charles County, adjoining the land of Colo John Fendall and Charles Yates, bounded by the edge of Wicomico Marsh, containing and laid out for about 70 acres, as appears by patent granted to Mad^m Mary Hamsly on May 2, 1723, and also aother tract of land called Hemesley Meadows, lying on the west side of Wicomico River in Charles County, adjoining the land of Colo John Fendall and Thomas Marshall in Charles County, bounded by Wicomico Marsh, Clarks Run, containing and laid out for about 130 acres (as appears by patent, granted to Mad^m Mary Hemsley on May 2, 1723).
Signed - Charles Bruce
Wit - Peter Wood, Mary Neale

11 Mar 1786
Charles County, Maryland Land Records Liber Z#3, page 228

Bond, award, and plat, recorded at the request of John Bruce.
I, Doctor Benjamin Fendall, give bond to John Bruce in the just sum of 1000 £ sterling cash, this Feb 8, 1786, to warrant that I shall abide by the opinion and determination of Colo John Marshall, Colo Thomas Harriss, and Benjamin Philpott as their award may make appear in what manner and form sd John Bruce and I shall settle and adjust a dispute between us concerning a division of a certain tract of land called Marshall land, both being possessed with part thereof.
Signed - B Fendall.
Wit - Jno Marshall, Benj. Philpott.

Charles County. Whereas there has been a dispute between John Bruce & Benjn Fendall, both of Charles County, concerning a divisional line of a tract of land called Marshall Land, containing, by the original grant, 500 acres, partly in possession of sd Bruce, & partly in possession of sd Fendall, 50 acres of which was sold out of sd tract, the remaining 450 acres was ordered to be equally divided between the predecessors of the sd Bruce and Fendall in the year 1732 by the Justices of the Provincial Court, as appears by a transcript from one of the records of sd Court, Liber WG No. 3 folio 80. Now the sd Bruce alleging that his father was a minor at the time this happened, thinks himself injured by sd division, and in consequence of which, sd dispute subsists. Sd Fendall appears willing to avoid disputes and anxious to settle all differences concerning the division afd, offered to refer the same to us, which offer the sd Bruce accepted, and they then reciprocally gave bond to each other in the sum of 1000 £ sterling cash, to abide by our award. We ordered sd tract of land to be resurveyed, and upon an accurate resurvey find it contains 561½ acres, and after hearing the allegations of the parties and considering the premises, we are of the opinion and do award that each of the sd parties shall have 255¼ as their moiety, exclusive of the 50 acres purchased, and do divide the same by a line which is bounded by the Low grounds, the hills near the main road leading from Wicomoco [River] to Allens Fresh; the land to the west of the divisional line is Fendall's, and that upon the east is Bruce's. Each party bears an equal part of the expense of the resurvey.
Signed Mar 11, 1786 - Jno Marshall, T Harris.
Recorded Mar 17, 1786. [A plat was annexed]

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