Samuel Swann – Disbursement of Estate – 11 Dec 1809

Amanuensis[i] Monday
Darling, Swayzee, Walker, Swann Line

By Don Taylor

The disbursement of the Samuel Swan Estate confirmed names and relationships and reminded me that sometimes ledgers are sometimes wrong.

Maryland Register of Wills Records, 1629-1999 – St. Mary’s – Distributions 1782-1829, Page 320.

Transcription

Saint Mary’s County, test. the 11th day of December 1809

The account of Samuel Swann, late of Saint Mary’s County, deceased, by Thomas M. Swann Executor

Estate accounted for £ 914, 11, 11½
Payments & Disbursements allowed      88,   6, 10½
Balance due and Distributable    826, 11, 11½
Distribution as follows to wit £ 914, 11, 11½
To the children of Samuel H Swann, namely Henry, Philip, Ann, Catharine D and Margaret C Swann negro Ben £112.10.0 & 1/8 of other property £33.13. 5-3/8.  

146.3.5-3/8

To the children of Edward B Swann,

To John Samuel Swan negro Charles £56.5.0

Also one third and 1/8 part of sundry property 11.4.5-5/8

To Elkanah Swann Negro Elick   33.15.0

Also one third and 1/8 part of sundry property 11.4.5-5/8

To Elick D Swann negro Jeremiah  18.15.0

Also one third and 1/8 part of sundry property 11.4.5-5/8

 

 

 

 

 

 

 

142/8/5-3/8

 

Maryland Register of Wills Records, 1629-1999 – St. Mary’s – Distributions 1782-1829, Page 321.
To the deceased’s son John Swann negro Rose £75 Negro Vincent £33.15.0 negro Janet £18.15.0 one horse colt £15, and one bed and furniture £5.12.6  

148.2.6

To the deceased’s daughter Anna Garner one eighth part of sundry property. 33.13.5-3/8
To the deceased’s daughter Margaret Walter one eighth part of sundry property. 33.13.5-3/8
To the deceased’s granddaughter Lydia D Swann negro Mary £93.15.0 £93.15.0
To the deceased grandchildren Anna Maddox and John D Swann one eighth part of sundry property.  

33.13.5-3/8

To the deceased’s son Thomas M Swann one eighth part of sundry property 33.13.5-3/8
To the same or such of the deceased’s children as the three following negroes may chose to remain with to wit Hephaniah £9.7.6 Phillis £9.7.6 and Jane £37.10.0  

56.5.0

To the deceased’s grand daughter Catharine D Swann negro Charity 37.10.0

also one eighth of sundry property. 33.13.5-3/8

 

71.3.5-3/8

£ 826.5.1

Test, James Forrest Reg’r wills
For St. Mary’s County —


Findings

One eighth was disbursed to seven individuals,

  1. Children of Samuel
  2. Children of Edward Burch
  3. Anna
  4. Margaret
  5. Children of Henry
  6. Child of Philip
  7. Thomas


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The disbursement document was missing a line regarding Elizabeth who was mentioned in the will. I suspect her not being mention was an oversight, apparently by the Register of Wills. The sum of the individual amounts disbursed do not total the bottom-line total and is off by about £33, which is a one-eighth share. So, I think when he transcribed the original document into his ledger he missed a line.

I find it interesting that John, the one child that didn’t receive a share of the sundry property did receive the greatest value of materials, He received a colt, bed, furniture, and three enslaved people.

Samuel required Thomas to give consent to John’s selling or disposing of any of the property which suggests to me that John was mentally challenged,

Citation

“Maryland Register of Wills Records, 1629-1999,” images, FamilySearch (https://familysearch.org/ark:/61903/3:1:33SQ-GYMC-9G6: Accessed 20 May 2014), St. Mary’s > Distributions 1782-1829 > image 173 of 250; Hall of Records, Annapolis.

ENDNOTES

[i] John Newmark started the “Amanuensis Monday” category in 2009 on his Blog,  Transylvanian Dutch  and many bloggers have followed suit using the tag. Google provides the following meaning for amanuensis: “A literary or artistic assistant, in particular one who takes dictation or copies manuscripts.”

The Will of Samuel Swann, St. Mary’s County, Maryland – 20 Nov 1807

Amanuensis[i] Monday
Darling-Swayze-Walter-Swan

By Don Taylor

Photo of Don Taylor with cat Nasi.

Wills and probate records are generally a gold mine of information. The will of Samuel Swann is no exception. It provides key information, particularly that he had five children living and four children, who had issue, that had died before he created his will in 1807. One of the five children required being cared for.

From the Maryland Register of Wills, Saint Mary’s County, comes the following:


TRANSCRIPTION BY DON TAYLOR

Samuel Swann’s last will and testament}

In the name of God, Amen. I Samuel Swann of St. Mary’s County in the state of Maryland being sick & weak in body, buts of sound and disposing mind, memory & understanding, considering the certainty of death, and the uncertainty of the time thereof, and being desirous to settle my worldly affairs, and thereby be the better prepared to leave this world when it shall please God to call me hence, do therefore make and publish this my last will & testament in manner & form following, that is to say.— First & Principally, I commit my soul into the hands of Almighty God, and my body to the earth to be decently buried at the discretion of my Executor herein after named, and after my debts & funeral charges are paid, I devise and bequeath as follows —

Item. I give & bequeath unto my grandchildren (Children of my deceased son Samuel Hatch Swan (towit) Henry Swan, Philip Swan, Anna


Swann, Catharine Dent Swan, & Margaret Compton Swann, all that parcel of land, being part of a Tract of Land called Eagleton (except one half acre where the Graveyard is) laying & being in Charles County to them and their Heirs forever also to my grandchildren above mentioned I give and bequeath one Negro man by the name of Ben, and one-eighth part of my personal estate not specifically bequeathed.

Item. I give & bequeath unto my son Thomas Mercer Swann & his Heirs forever, all my land in St. Mary’s county being part of five Tracts of land (to wit) Quaintan, Swann’s Forrest, Swan’s Venture, Hopewell & Thorn’s Venture, provided my said son Thomas Mercer Swann pays unto the children of my deceased son Edward Burch Swan[i], the sum of six hundred dollars when they come to legal age, to be equally divided among them or the surviving part of them, also to my said grandchildren above mentioned, representatives of my deceased son Edward Burch Swann, to wit, to John Samuel Swann, I give and bequeath a Negro Boy by the name of Charles, to Elkanah Swann, I give & bequeath a Negro Boy by the name of Elich, to Eli Dent Swann I give & Bequeath a Negro Boy by the name of Jeremiah, in case wither of said John Samuel Swann, Elkanah Swan or Eli Dent Swann should die before they come to age, my will & desire is that the survivors or survivor of them shall inherit the property left the whole of them, but in case the whole of them should die before they come to age my will & desire is that the property left them by this my will, shall go to my children or to their Representatives, also to my Grand Children Representatives of my deceases son Edward B Swann I give & bequeath one eighth part of my property that is unrevised.

Item. I give & bequeath unto my son John Swan one Negro woman by the name of Rose one Negro boy by the name of Vincent and a negro girl by the name of Jennet with the future increase of the said Negro Women Rose, a horse colt & one bed & furniture, to him & his heirs forever, but under this restriction, that the said John Swann shall not sell or dispose of any part of the property left by me, without the license or consent of his brother Thomas Mercer Swann, under whose care I leave the said John Swann, and his


property, and in case of the death of the said Thomas Mercer Swann the person whom he may appoint to take care of him. And I further will & desire that after the death of the said John Swann that the property left him by this my will shall go to my son Thomas Mercer Swann or his heirs forever.

Item. I give & bequeath unto my Daughter Anna Garner or her legal representatives one eighth part of my unrevised estate.

Item. I give & bequeath unto my daughter Margaret Walter or her representatives one eight part of my property unrevised.

Item. I give & bequeath to my daughter Elizabeth Barber one eighth part of my undevised property –

Item. I give & bequeath to my granddaughter Lydia Dyson Swann, one negro girl named Mary and her increase, to there and her heirs forever but in case she should die without issue, my will & desire is that the aforesaid bequest shall devolve to her brother, John Dyson Swann and her sister Anna Maddose or their issue.

Item. I give & bequeath to my grandchildren Anna Maddox & John Dyson Swann one eighth part of my unrevised property, to them or their heirs.

Item. I give & bequeath to my granddaughter Catharine Dent Swann (alias) Reynold, as it is said she is married to a man of that name) Daughter of my deceased son Philip Swann, one negro girl by the name of Charity to her and her heirs lawfully begotten.

Item. I give & bequeath to my son Thomas Mercer Swann one eighth part of my unrevised property. Lastly, I hereby nominate, constitute, & appoint my son Thomas Mercer Swann Elecutor of this my last will & testament, hereby revoking, disallowing & annulling all & every will or wills by me heretofore made or done, and acknowledging this and only this my last will & testament.

In witness whereof – I have hereinto set my hand & affix my seal this twentieth day of November eighteen hundred & seven.

Signed, sealed, acknowledged & declared to by the last will and testament of Samuel Swann the Testator, in the presence of us Gustavis Cartwright, Robert Barber Benjamin Wood.

Sam’ll Swann {Seal}


Before signing this my will, I have thought fit to make the following addition hereto (That is to say) I will desire that my three old slaves (to wit) Hep, Philis & Jane shall remain on the land whereon I now live and be supported by the property of my son Thomas or his heirs, provided they are willing to live with him, but if they prefer going to any of my other children, and they will take them, my will & desire is that they shall be gratified. — Sam’ll Swann

On the back of the foregoing was the following, to wit, Saint Mary’s County, to wit, the 8th day of December 1807 — Then came Thomas Mercer Swann and made oath on the Holy Evangels of Almighty God, that the afore going instrument of writing is the true and whole last will and testament of Samuel Swann lat of Saint Mary’s County deceased, that had come to his hand or profession & that he doth not know of any other.

                      Certified by James Forrest – Reg-wills for Saint Mary’s County.


Saint Mary’s County the 8th day of December 1807.  Then came Gustavus Cartwright and Robert Barber, two of the three subscribing witness to the aforegoing last will and testament of Samuel Swann late of Saint Mary’s County deceased, & made oath on the Holy Evangels of Almighty God, that they did see the testator therein named sigma and seal this will and that they heard him, publish pronounce and declare the same to be his last will and testament, that at the time of his so doing he was to the best of their apprehensions of sound and disposing mind, memory & understanding and that they respectively subscribed their names as witnesses to this will in the presence and at the request of the testator in the presence of each other; also that they did see Benjamin Wood the other witness to this will subscribe his name as a witness in the presence and at the request of the said testator

                      Certified by James Forrest Reg. wills


Conclusion

  • Samuel Swan created a will on 20 Nov 1807.
  • Samuel Swann’s wife, Catherine, is not mentioned, so I presume she died before 20 Nov 1807.
  • The children of Samuel Swann included 5 living and 4 deceased who had issue.
  1. Thomas Mercer – Executor. Provided care to John.
  2. Philip (Deceased) Philip died before 20 Nov 1807.
    Children:  Catharine Dent Swann Reynold?
  3. Edward (died before 20 Nov 1807.)
    Children: Elkanah, Eli Dent, John Samuel
  4. Henry (died before 20 Nov 1807.)
    Children: Lydia Dyson, Anna Maddox & John Dyson Swann
  5. Elizabeth Barber (a Robert Barber was a witness)
  6. Margaret Walker
  7. Anna Garner
  8. John (was under the care of brother Thomas Merce Swan)
  9. Samuel Hatch (Samuel died before 20 Nov 1807).
    Children:  Henry, Philip, Anna, Catharine Dent, & Margaret Compton.

All the grandchildren mentioned were born before 20 Nov 1807.


Source:

“Maryland Register of Wills Records, 1629-1999,” images, FamilySearch: Accessed 20 May 2014), St. Mary’s> Wills 1777-1820 vol 1-3 > image 543 of 743; Hall of Records, Annapolis. https://www.familysearch.org/ark:/61903/3:1:33SQ-GYMH-9WF4?i=542


ENDNOTES

[i] John Newmark started the “Amanuensis Monday” category in 2009 on his Blog,  Transylvanian Dutch  and many bloggers have followed suit using the tag. Google provides the following meaning for amanuensis: “A literary or artistic assistant, in particular one who takes dictation or copies manuscripts.”

Ancestor Sketch – James Walter

Darling-Swayze-Walter
By Don Taylor

Image by Kate Honish from Pixabay

It is always difficult to follow a person’s records when their name is recorded differently over the years.  James’ surname was recorded as “Waters,” “Walter,” and “Walters” over the many years. I have settled on Walter because it appears to be the surname he was buried with. James was a Patriot, serving in a Virginia artillery detachment during the Revolutionary War.

Howell/Darling – Ancestor #102

List of Grandparents

James Walter (aka Walters, aka Water) (1752-1838)

James Walter was born on either 16 or 17 Feb 1752.[i]in the Province of Maryland (now state of Maryland). He was the first child of John Walter and Ann Parker. He had five siblings, namely: William, Rebecca Conyers, Richard, Lawrence, and James.

Military service

Image courtesy of the Kentucky Secretary of State.

James was a Sergeant in the Revolutionary War. It appears that he joined up about 1777 in Virginia. On 02 Apr 1782 he was assigned to an Artillery detachment commanded by Capt-Lt Lewis Booker. He was known as the “Forage Master.” After the war, he received a warrant for 400 acres of Bounty Land, in what would become Kentucky, for his Revolutionary War Service to Virginia.

In 1793, when he was 40, he married Margaret Ann Swan of Virginia.

James and Margaret Ann (Swan) Walter had six (known) children.

    1. Nancy Anne Walter was born in 1788.
    2. Elkina Walter was born in 1789. she died in 1852.
    3. Catherine Ann Dent Walter was born on 15 Jun 1794 in. She married David Swayze on 30 Jan 1817 in Fairfield County, Ohio. She died on 16 Apr 1868 in Kalamazoo, Michigan, at the residence of her daughter, Elizabeth.
    4. James C Walter was born in 1800; he died in 1874.
    5. Elizabeth Walter was born before 05 Jan 1804[ii].
    6. John Walter was also born before 05 Jan 1804ii.

In 1804, James Walter executed a Deed of Trust transferring his property in Kentucky to Elijah Pollard of Frederick, Virginia, USA

James Walter died on 10 May 18381 in Lancaster, Fairfield County, Ohio, USA. He was buried at the Old Methodist Cemetery. Later, he was reinterred at the City Burial Plot, Lancaster, Fairfield County, Ohio.

Continue reading “Ancestor Sketch – James Walter”

James Walter – Buried in Ohio

James Walter (1752-1838) – Revolutionary War Soldier was buried in Lancaster, Fairfield County, Ohio

Darling-Swayze-Walter
By Don Taylor

In my searches for information on my wife’s 4th great-grandfather, James Walker (1752-1838), I kept running into a source that seemed to be the source used in many other people’s trees but was not cited. Eventually, I determined the mystery source. It was, The Official Roster of the Soldiers of the American Revolution Buried in the State of Ohio. It was compiled under the Direction of Frank D. Henderson, The Adjutant General.  A copy of the book is available online at one of my favorite sites, Archive.Org.

Document Image

Roster of Revolutionary War Soldiers buried in Ohio – Page 385 – James Walter

Transcription

On page 385 is an entry for Walter, James, (Fairfield Co.). It reads:

WALTER, JAMES, (Fairfield Co.)

Sgt “Forage Master.” Br Maryland, 1759. Mar Margaret Ann Levan, of Maryland, after the Revolutionary war, date not known. Children : Nancy, mar Leevir ; Elkanah, mar Rachel Decker ; Catherine Ann Dent, mar David Levayzee , Eliz, mar Chas Stockard 1, James Gurley 2; James, mar Polly ___  John, mar Belinda Reese. D May 10, 1838, Lancaster, O. Bur Old Methodist Cem and City Burial Plot Lancaster, O. Cem converted into park, bodies moved to new Cem in Lancaster, marking on head stone obliterated and identification impossible. MI: “James Walter, died May 10, 1838, aged 80 years, 2 mo, 23 da.”_ Jan 4, 1804 received transfer of 400 acres in Ky for serv in Rev War. Deeded in Frederick Co, Va. His name appears on a muster roll of a detachment of artillery commanded by Capt Lt Booker, belonging to the 1st Regt, dated Camp near Bacon Bridge, Apr 2, 1782, covering the months of Jan, Feb and Mch, 1782, which shows that he enlisted for the war. Ref: Natl No 12581 James Lincoln (Capt) Mass. Old Northwest Genealogical Quarterly Vol 3, p 74. Letter fr War Dept signed “Lutz Wahl,, Brigadier Gen, Acting the Adj Gen, by E. W. M.” Fur infor War Dept The Adj Gen Office Washington.

Discussion

I know there are a few errors. Certainly “Margaret Ann Levan” is Margaret Ann Swan and “David Levayzee” is David Swayzee. I’ve seen handwriting where a capital “S” could look like an “Le,” so, I understand the possibility for errors of this type. Also, the birthdate is not consistent with other sources.

Conclusion

Although I know there are minor errors in the entry, I’m tentatively accepting the following as facts:

James Walter

  • Born:   1759 in Maryland [Inconsistent – Alternate]
  • AKA:    “Forage Master”
  • Military Service:          Was a Sergeant in the Revolutionary War.
  • Military Service:          Assigned to an Artillery detachment commanded by Capt Lt Booker, belonging to the 1st Regt, dated Camp near Bacon Bridge, Apr 2, 1782, covering the months of Jan, Feb and Mch, 1782.
  • Marriage:        Margaret Ann Levan [Swan] after April 19, 1783.
  • Children:
    • Nancy, married Leevir [possibly Sevir];
    • Elkanah, married Rachel Decker ;
    • Catherine Ann Dent, married David Levayzee [Swayzee],
    • Eliz, married Chas Stockard 1, James Gurley 2;
    • James, married Polly ___
    • John, married Belinda Reese.
  • Property: 1804 received transfer of 400 acres in Ky for serv in Rev War. Deed in Frederick Co, Va.
  • Died: May 10, 1838, Lancaster, O.
  • Buried: Old Methodist Cemetery – reinterred: City Burial Plot Lancaster, Ohio. Cemetery
  • Headstone obliterated.
  • Note: Margaret Ann Levan [Swan] was “of Maryland”

Future Actions

This record embodies my experiences that finding one record leads to a dozen other things to research. In this case, I want to do the following future actions:

  1. Assess the birth records for James Walter.
  2. Learn more about Captain Lt. Booker and the 1st
  3. Learn more about the Camp near Bacon Bridge.
  4. Research further his marriage date to Margaret Swan.
  5. Research his land in Kentucky.
  6. Review DAR Natl No 12581 James Lincoln (Capt) Mass. and determine how that record fits with James Walter.
  7. Review Old Northwest Genealogical Quarterly Vol 3, p 74. Letter fr War Dept signed “Lutz Wahl, Brigadier Gen, Acting the Adj Gen, by E. W. M.”