Monday, November 11, 2013

Amanuensis Monday - Estate of Rachel Baynard Todd

The Queen Anne's County Land Commissions record involving the estate of Rachel Baynard Todd contains an unusual amount of information about her family. The land involved is part of Relief and Hawkins Pharsalia in Queen Anne's County, Maryland. I've found several transactions for my Councill family involving Hawkins Pharsalia and I think my 2x great-grandfather Francis Councill may be the son of John Councill and Ann Baynard. I thought this particular record was interesting due to the large number of heirs that are mentioned.

Page 350/Image 357 Book JB 1 Queen Anne's County Land Commissions
The following is from the Queen Anne County Land Commissions, Book JB 1, 1810-1834, images 357-362. The images are available from the Maryland.gov site.

Queen Anns County, to wit, Be it remembered that in the second day of November in the year of our Lord, 1827, Thomas B. Cook and Thomas B. Turpin of the said County proffered to the Court here their petition in the following words viz
   To the Honorable the Judges of Queen Anns County Court. We Tho. H. Cook and Tho. B. Turpin represent to your Honours that about the year 1733 Thomas Baynard departed this life leaving the following children his ?, John, George, Thomas, Nathan, Deborah, Rachel & Esther, that his son George departed this life in the year 1758 leaving George & Rachel his legitimate children, to whom he devises certain real estate, that his son George died intestate leaving no child or children & insolvent, that his daughter Rachel intermarried with a certain William Todd of the state of New Jersey whom the said Rachel survived, but died in March 1826 intestate and without heirs & in possession of certain real estate part of Relief & part of Hawkins Pharsalia containing one hundred & eighty five acres which is as devised to her by her father George the son of Thomas. We being one of us a child of a descendant of Nathan the brother of George the elder & the other a descendant of Thomas the brother of George the elder, are of the opinion that we with a number of others are the legal heirs to the said land lying in Tully's Neck in Q.Anns County: the following are a number of persons supposed to be the heirs with ?, Sarah Hardcastle, Mary Hardcastle, Elizabeth Casson, Robert C. Baynard, John Baynard, Nathan Harden, White Turpin and others. We therefore pray your honor to take the subject into consideration and issue a commission to certain persons to have the lands surveyed & report to the Court their proceedings in order that one of the heirs may take the land at their valuation or that it may be sold for the benefit of all concerned.   Nov. 2. 1827


Solomon Scott is appointed guardian to the minors mentioned in the petition. Too bad it doesn't say which ones those are!

The petition is repeated again, but with a longer list of heirs: Sarah Hardcastle, Mary Hardcastle, Elizabeth Casson, Robert C. Baynard, John Baynard, Sarah Baynard, Margaret Baynard, Thomas H. Baynard, Ann Baynard, Ferdinand Baynard, Nathan Harden, White Turpin and others.

The Land Commission is formed and oaths are taken in March 1828. The commission reports back on June 17 1828 that "the said lands could not be divided without loss to all the parties interested for the following reason to wit: that there is not sufficient quantity to divide amongst so many heirs claiming and we did further adjudge and determine the real value of the said lands with the improvements to be seven dollars per acre." It goes on to say that Joseph B. Sparks surveyed the land and his findings were certified. The map below shows his survey of the tract of land.


On May 14, 1829, the "Commissioners proceed to expose to public sale the real estate of the said Rachel Todd having first given twenty days notice in the Centreville times and other public places in the County.  Terms were that $100 be paid on the day of sale and one half of the residue in twelve months thereafter and the balance in two years with interest from the day of sale the purchaser giving bond or notes with approved security."

Solomon Scott was the highest bidder at $4 an acre for a total of $712 on August 11, 1829. Seems like he got a bargain since it was appraised at $7 an acre. Interesting too that he was named the guardian of the minors involved.

Then comes the full list of heirs! Most received $20.40 with a few splitting that amount between them. There is an Ann Baynard in the list, but mine would have been married to John Councill by this date. Some of these are pretty hard to read, but here are my best guesses.

1  Sarah Hardcastle wife of Robert
2  Mary Hardcastle
3  Elizabeth Casson
4  Robert C. Baynard
5  John Baynard
6  Sarah Baynard
7  Margaret Baynard
8  Thomas H. Baynard
9  Ann Baynard
10 White Turpin
11 Ferdinand Baynard
12 Ruth Flanday
13 Nathan Hardin
14 Ann Hodson wife of Stephen Hodson
15 James Glourding
16 Joseph Cook
17 Thomas B Cook
18 Thomas B Turpin
19 Miers? Cassons
20 Elizabeth Wheatley wife of Wm Wheatley
21 Henry Whiteley
22 Elizabeth Thompson
23 Benj A Whiteley
24 John Martin
25 Ann Martin
26 Mary Emmonds
27 Margaret White
28 Thurman?
29-36 Mary Holland and several other Hollands
37 William Davis
38 John Davis
39 Carline Fermington? wife of James Termington


From the information in the land record, I came up with this partial tree for the Baynards:


The land record also tell us that Thomas B. Cook and Thomas B. Turpin are descendants of Nathan and Thomas Baynard. That's quite a lot of information in one record!

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