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Contributed by Shirley Middleton Moller
Charles County, Wills A I 10.345
The Will of Benjamin Burch
This Jul 13, 1785, I Benjamin Burch of CC, planter, am very weak & low in body but of perfect mind & memory.
To Elizabeth Price - the just sum of seven thousand pounds of crop tobacco, one thousand of which shall be paid annually until the whole seven thousand pounds is paid.
To my son Thomas Burch - all my real & personal estate after my just debts & the above mentioned bequeathed tobacco is paid. If Thomas dies without heirs of his body lawfully begotten, then my cousins Victorah Sarah, & Jane Cooksey, each of them shall be paid one thousand pounds of crop tobacco & my brother Justinian T. Burch the rest of my real and personal estate.
Executors: my friends Francis Hamersley & John Winter.
Signed - Benjamin Burch.
Wit - John Cooksey, Hatch Dent, Sam. Turner.
Probated on Apr 13 1790 by both executors and by the oath of witness John Cooksey.
Thomas Burch, the heir at law, is a minor & was not present when the above probate was taken.
On Apr 13, 1790, Letters Testamentary were granted to both executors; their securities were Benjamin & Jonathan Burch.
=== Contributed by Ralph D. Smith
Nov. 1776 - Benjamin Burch appointed Constable in the room of William Scott.
Source: Charles Co., Md. Circuit Court, Liber X No. 3, Page 528.
Comment: Benjamin is also found at Liber X No. 3, Page 562 and 563 in 1777-8.
July 1777 - Benjamin Burch, Ensign, July 5, 1777, Charles Co., 12th Battalion.
Source: Clements, S. Eugene and Wright, F. Edward, "The Maryland Militia in the Revolutionary War," Page 58.
Mar. 1778 - Benjamin Burch, age 18 or older, is in the Census of Newport East Hundred, and takes the Oath of Allegiance to Maryland. Signs his name.
Source: Charles Co., Md. Circuit Court, Liber X No 3, Page 633 and 643.
July 1779 - Benjamin Burch of Newport East Hundred and of Trinity Parish, Charles Co., Md., subscribed to a Trinity Parish fund for raising a salary for a Clergyman to officiate in Trinity Parish.
Source: LDS Microfilm Roll 0013759, Vol. 2 (Trinity Parish Vestry Minutes, Minutes of 1779.)
Feb. 19, 1782 - Benjamin Burch signs, as creditor, the Charles Co., Md. inventory of Ignatius Simpson.
Source: Charles Co., Md. Estate Records, 1777-1782, Page 696.
Sep. 16, 1782 - Zachariah Chunn, Benjamin Burch and John Winter are bound to the State of Maryland in the quantity of 40,000 lbs. of crop tobacco. The condition of this obligation is that the above bound Zachariah Chunn well and truly perform all the duties of Inspector at Piles's Warehouse. Signed Zachariah Chunn, Benjamin Burch, John Winter (signatures not marks.) Witness: Henry Barnes.
Source: Charles County Tobacco Inspection Record, 1774-1786, Page 103. (MSA Microfilm Roll CR 34,672 part 1)
Apr. 1783 - Letters Testamentary were granted on the estate of Thomas Reed Cooksey to Henry Cooksey and his bond with Bennet Dyson and Benjamin Burch his securities was taken in the sum of fifteen hundred pounds current money for due administration.
Source: Charles Co., Md. Estate Records, Liber B1 (1782-1785), Page 145.
June 1783 - Benjamin Burch witnesses the Charles Co., Md. will of Eleanor Winter, probated June 1784.
Source: Charles Co., Md. Wills, 1780-1791, Page 349.
1783 - Benjamin Burch is in the 1783 Tax List of Newport Hundred, Charles Co., Md., as follows:
--1 white inhabitant
--no slaves
--2 horses
--5 black cattle
--2 tracts of land as follows:
(1) "Penuary" [sic; "Penray"], 36 acres (26 acres arable, 10 acres wooded), value 108/0/0, no improvements on the land.
(2) "Burch's Help," 8 acres (all arable), value 24/0/0, no improvements on the land.
--total value of all property: 166/0/0.
Source: Maryland Tax List of 1783; District 2 (Newport Hundred) of Charles Co. (MSA Microfilm Roll M871)
Oct. 1783 - Letters Testamentary were granted on the estate of Elizabeth Pile to Francis Hamersley and his Bond with Baker Brooke and Benjamin Burch his securities was taken in the sum of 5000 lbs. current money for due administration.
Source: Charles Co. Md. Estate Records, Liber B1 (1782-1785), Page 230.
July 1784 - The 1st Charles Co., Md. administration account of Ignatius Simpson shows that Simpson's estate made a payment of 3/2/3 to Benjamin Burch.
Source: Charles Co., Md. Estate Records, Liber B1 (1782-1785), Page 375.
Aug. 1785 - The 1st Charles Co., Md. administration account of Henry Swann shows that Swann's estate received from Benjamin Burch 413 lbs. crop tobacco valued at 7/4/5.
Source: Charles Co., Md. Estate Records, 1785-1788, Page 101.
July 1789 - The Charles Co., Md. administration account of Francis Posey shows that Posey's estate received a payment of 23/16/6 from Benjamin Burch.
Source: Charles Co., Md. Administration Accounts, 1788-1791, Page 91-2. (MSA Microfilm Roll CR 49,155, part 2)
Apr. 1790 - In Apr. 1790, there was probated in Charles Co., Md., the July 1785 will of Benjamin Burch (son of Justinian Burch, Jr.) This is the Benjamin Burch who it is believed was married to Mary Matthews. At the time of probate, the executors named in Benjamin's will, Francis Hammersly and John Winter, posted their administration bond, and their sureties were Benjamin Burch and Jonathan Burch.
Source:
Charles Co., Md. Wills, Liber AI 10, Page 345-7. It is this Apr. 1790 Benjamin Burch, surety, who has not been indentified. The other surety, Jonathan Burch, is believed to be the son of Thomas Burch, Jr. There is no Benjamin Burch in the 1790 or 1800 Census of Charles Co., Md.
Apr. 1802 - Maryland High Court of Chancery. Henry Cooksey, of Charles Co. vs. Benjamin Burch's heirs. Cooksey set forth that on Mar. 23, 1786, he contracted with Benjamin Burch of Charles Co., since deceased, for the purchase in fee simple of sundry tracts of land lying in Charles Co., known by the name "Lumley," "Pernury" [sic] and "Burch's Help" [sic] and on the day and year aforesaid passed his bond to the said Burch for the quantity of 47,659 lbs. of tobacco. Cooksey futher stated that the said Benjamin Burch put him [Cooksey] in full and quiet possession of the lands sold to him, and that the said Benjamin shortly afterward, that is to say in the year 1786 or 1787, departed this life leaving the following persons his heirs at law to wit, Leonard Burch, Eleanor Burch, issue of Leonard Burch a deceased brother, Sarah Burch, a sister of the said Benjamin. and now the wife of Zadock Harris, Susanna, another sister, and now the wife of Notley Maddox, Anne, another sister, and now the wife of Peregrine Thorn, and Sarah Burch, issue of Justinian Burch, A deceased brother [that is, Benjamin's brother Justinian Thomas Burch], that all the heirs of the aforesaid Benjamin Burch are living and residing out of the jurisdiction or this state in the commonwealth of Virginia as he [Cooksey] has been informed and believes, and that the said Benjamin Burch left Francis Hammersly and John Winter of Charles Co his executors.
Henry Cooksey brings this action to obtain a conveyance in fee simple of the following tracts of land in Charles County to wit "Lumley," "Pernury" [sic] and "Burch's Hope" [sic] which Benjamin Burch of said County since deceased sold'to him [Cooksey] at and for the quantity of 212 lbs. of tobacco per acre.
The Deposition of Samuel Turner aged sixty nine years, being duly sworn, deposeth, and saith, that Samuel Amery and Benjamin Burch married two sisters, that he was well acquainted with all Benjamin Burch's family, that the said Benjamin had only one child a son, who died before he arrived to legal age, that the said Benjamin had two brothers and three sisters, the eldest brother Leonard left two children a son and a daughter, who it is said live in Kentucky. The other brother Justinian left a daughter who it is said lives in Virginia, the 2nd sister Sarah was married to Zadock Harris and it is said lives in Ky., and the third sister Anne was married to Peregrine Thorne, who says he lives in Virginia ... and all of them reside out of state .... Jan. 18, 1803. [Deposition of Samuel Amery made in Charles Co., Md. an Jan. 18, 1803 and included an Page 248' of this Chancery Court case.]
Source: 53 Maryland Chancery Court Records - Liber S.H.H. Nei. 9 - 1802, Page 242-250 [above abstract from Marilu's book,
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Leonard Burch 103.40 CH £89.1.11 Apr 18 1770
Appraisers: Thomas Reeder, Jr., Thomas Richard Cooksey.
Creditors: John Craig for John & James Jamieson, Samuel Hanson.
Next of kin: Anne Burch, Benjamin Burch.
Administratrix: Susannah Burch.
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Contributed by Shirley Middleton Moller
Charles County, Wills AF 7. 658
Anne Burch's Will.
I, Anne Burch of CC, am infirm of body but in sound and perfect memory.
To my daughter Susannah Maddox - 1 Negro woman named Judah.
To my daughter Sarah Harris - 1 Negro woman named Lucy, provided she claim no part of her father, Justinian Burch's estate, there being a balance due her from sd estate. The above Negro woman I give her in lieu of sd balance.
To my daughter Anne Burch - 1 Negro boy named John.
To my children, Susannah Maddox, Sarah Harris, Benjamin Burch, Anne Burch, and Justinian Thomas Burch - after my just debts are paid, the rest of my estate to be equally divided between them.
Signed May 14, 1781 - Anne [X her mark] Burch.
Wit: Bennett Dyson, Hatch Dent of Hatch, Perrgrene Thorn.
Probated Aug 21, 1781 by the oaths of witnesses Bennet Dyson, Hatch Dent, and Peregrine Thorn
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Contributed by Shirley Middleton Moller
Charles County, Maryland Land Records, Book D No 4:160
Bond, recorded at the request of Henry Cooksey.
I Justinian Thomas Burch of CC, am bound to Benjamin Burch of CC in the just sum of 24,000 lbs of crop tobacco, to the payment of which well and truly to be paid and done, I do hereby bind myself this Jan 15, 1783. Now the condition of the above obligation is such that whereas I have this day sold to the afsd Benjamin Burch, all his right in a certain tract of land now in my possession, and being part of a tract of land called Lumley, lying in CC, for which the sd Benjamin Burch is to pay me 171½ lbs of crop tobacco per acre for as many acres as upon a survey and measurement, to be made thereon at my expense, there shall appear to be contained in the sd tract of land. Now if I, within 3 months from the above date, lay off the afsd tract of land, and upon the payment of the tobacco being made by the sd Benjamin Burch, forthwith execute a good deed making over to the sd Benjamin Burch, all his right in sd lands, then this bond becomes void. Signed - Justinian T. Burch Wit - JParnham,
Henry Cooksey. Recorded Nov 14,1787
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Contributed by Shirley Middleton Moller
Charles County, Maryland Land Records, IB 5.491
At the Request of Henry Cooksey the following Decree was recorded this 1st day of October Anno Domini 1803
Henry Cooksey v Leonard Burch Eleanor Burch Zadock Harris & Sarah his wife Notley Maddox & Susanna his wife & Sarah Burch heirs of Benja Burch
In Chancery June Term 1803
The said Cause standing ready for hearing and being submitted and no person having appeared in consequence of the publication against the absent defendants the Bill Exhibits publication and all other proceedings were by the Chancellor read and considered and the Chancellor being persuaded that the matters stated in the Bill are trice
It is thereupon this twenty second day of July Eighteen hundred and three by Alexander Contee Hanson Chancellor and by the authority of this Court adjudged ordered and decreed that the Bill of the Complainant be and the same is hereby declared to be taken pro Confesso It is further adjudged Ordered and decreed that the defendants shall by a good deed or deeds to be executed and acknowledged according to law shall give grant bargain and sell convey and transfer to the Complainant and his heirs the following Tracts or parcels of land situate lying and being in Charles County to wit Lumley Pernury and Burches Help supposed to contain together Two hundred acres and upon the due Execution acknowledgment and recording of the said deed the Complainant shall be entitled to hold the same free clear and discharged from all claim of the Defendants or either of them claiming under the deceased Provided Nevertheless that if the sd Defendants or either of them their or either of their heirs devises or Representatives shall appear in the Chancery Court at any time within Eighteen Calendar months from the date of this decree and require a review of the same the Chancellor upon a Bill Filed by such person so appearing shall proceed to an Examination of the matters in dispute and to a final decree in the same manner as if the said person had originally appeared before him
A C Hanson Chanrs
Test Samuel Harvey Howard Reg Cur Cain
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Charles County Land Records 1775-1782; Liber V#3; Page 549. Jul 2, 1781 from Justinian Thomas Burch of Cc, planter, to Benjamin Burch of CC, planter, for 4000 his of crop tobacco, part of a mill seat in CC, which wee devised to him by his father, Justinian Burch, by his will Signed - Justinian Thos Burch, Benjamin Burch. Wit - Walter Winter, Bennett Dyson (CC JPs). Susanah Burch, wife to the sd Justinian Thomas Burch, relinquished her right of dower to the lands within mentioned. Recorded Dec 29, 1781,
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Charles County Land Record Book S#3, 1770-1775; Page 512. Certificate. Jan 20, 1774, This is to certify that Benjamin Burch brought before me as a stray, a light gray horse with several dark spots. Signed - Philip Briscoe*. Recorded Jan 24, 1774.
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Charles County Land Records 1786-1790; Liber D#4; Page 158, Bond, recorded at the request of Henry Cooksey. We, Benjamin Burch and Zachariah Chunn are bound to Nathaniel Harris of Montgomery County in the just sum of 700 £ to the which payment truly to be made, we bind ourselves, dated this Mar 9, 1779. Whereas the above bound Benjamin Burch has purchased of the above Nathaniel Harris, guardian to a certain Leonard Burch, an orphan, all his, the sd Nathaniel Harris and his wife's claim from right of dower in and to part of a tract of land called Lumbley, a tract or part of a tract called Penney, and a tract called Burches Help, and also one sixth of a mill, all lying in the County afd, and the sd Nathaniel Harris has engaged that the sd orphan, upon his arriving at the age of 21 years, shall also make over his right to the sd Benjamin Burch. And whereas the sd Harris has entered into a bond jointly with Robert Slye for fulfilling the above engagement, in which bond he has engaged to make over his wife's right of dower to $d lands and mill, and give possession thereof unto the sd Benjamin Burch by next Jun 1, now if the sd Benjamin Burch shall pay unto the afd Nathaniel Harris at the rate of 6 £10 shillings for as many acres as may be contained in the sd lands & sixth part of Mill Land, then the above bond to be void. Signed - Benjamin Burch, Zach Chunn. Wit - John Parnham, Gerard Wood. Recorded Nov 14, 1787.
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Charles County Land Records 1786-1790; Liber D#4; Page 159. Bond, recorded at the request of Henry Cooksey. We, Nathaniel Harris of Montgomery County, and Robert Slye of CC, are bound to Benjamin Burch of CC in the just sum of 1500 £, to which payment well and truly to be made, we bind ourselves and dated this Mar 9, 1779. The condition of the above written obligation is such that whereas the above bounden Nathaniel did heretofore marry Susanna Burch, relict of Leonard Burch of CC, decd, and is at present also guardian to Leonard Burch, an orphan son to the above named Leonard Burch. And whereas the sd Nathaniel Harris, in consequence of his sd wife's right of dower and his being guardian to the sd orphan, is possessed of part of a tract of land, Lumbley, a tract or part of a tract called Pennry, and a tract called Burchs Help, situated in CC, being the landed estate of sd Leonard Burch decd. And whereas the sd Nathaniel Harris, in consequence of the above right of dower and guardianship to sd orphan, is also entitled to one sixth part of a mill, situated on Gilbert Swamp in CC, and whereas the sd Nathaniel Harris has sold all his and his wife's property from her right of dower in the afd lands and mill, to the above mentioned Benjamin, and has on the part of the orphan, also engaged that he, the sd orphan, if he lives to the age of 21 years, or in case of the sd orphan's death before that period, the next heir to the sd lands and sixth part of the mill shall make over all his or her right to the lands and mill to the sd Benjamin Burch, for which lands and mill lands the sd Benjamin Burch has engaged to the sd Nathaniel Harris, 6 £10 shillings per acre for as many acres as upon a survey to be held thereon at the expense of the sd Benjamin Burch, there shall appear to be contained in the above lands and sixth part of the mill, for the payment of which sum, the sd Burch has entered into a bond of 700 £, payable to the sd Nathaniel Harris by next Jun 1, provided the sd Nathaniel Harris & his wife shall, by that day, make over to the sd Benjamin Burch, his sd wife's right of dower to sd lands and mill. Now if the sd Nathaniel Harris and his wife shall, by next Jun 1, make over by a good deed, all his wife's right to sd lands and sixth part of the afd mill unto the afd Burch upon his or their paying at the rate of 6 £10 shillings per acre for every acre contained in the sd lands and part of mill, and deliver unto the sd Benjamin Burch, full possession of sd lands and part of mill, and if sd Leonard Burch, orphan, at his arriving to the age of 21 years, or in case of his death before age 21, the next heir to sd lands and part of mill, shall make over by a good deed, sd lands and part of the mill, then this obligation to be void. Signed - Nathaniel Harris, Robt. Slye. Wit - John Parnham, Gerard Wood. Recorded Nov 14, 1787.
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Charles County Land Records 1786-1790; Liber D#4; Page 160. Bond, recorded at the request of Henry Cooksey. I, Jestinian Thomas Burch of CC, am bound to Benjamin Burch of CC in the just sum of 24,000 lbs of crop tobacco, to the payment of which well and truly to be paid and done, I do hereby bind myself this Jan 15, 1783. Now the condition of the above obligation is such that whereas I have this day sold to the afd Benjamin Burch, all his right in a certain tract of land now my possession, and being part of a tract of land called Lumley, lying in CC, for which the sd Benjamin Burch is to pay me 171-1/2 lbs of crop tobacco per acre for as many acres as upon a survey and measurement, to be made thereon at my expense, there shall appear to be contained in the sd tract of land. Now if I, within 3 months from the above date, lay off the afd tract of land, and upon the payment of the tobacco being made by the sd Benjamin Burch, forthwith execute a good deed making aver to the Ed Benjamin Burch, all his right in sd lands, then this bond becomes void, Signed - Justinian T. Burch. Wit - JParnham, Henry Cooksey. Recorded Nov 14, 1787.
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Charles County Land Records 1786-1790; Liber D#4; Page 161. Bond, recorded at the request of Henry Cooksey, I, Benjamin Burch of CC, am bound to Henry Cooksey of CC in the just sum of 50,000 lbs of crop tobacco, to be paid to sd Henry, to the which payment truly to be made, I bind myself this Mar 23, 1786, to warrant that 1 make over, by a good deed, all that tract of land in CC, and known as Lumley, and also all that tract of land in CC called Pernury (except the mill and mill, land, which is not meant or intended to be sold) and also all that tract of land called Burches Help, by next May 1. Signed - Benjamin Burch. Wit - Bent Dyson. Recorded Nov 14, 1787.
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1642-1753 Rent Rolls Charles County MD Hundred - Newport: Rent Roll page/Sequence: 368-47: LUMBEY: 450 acres; Possession of - 225 Acres - Burch, Oliver: 225 Acres - Noe, John: Surveyed 31 Jan 1664 for Thomas Lomax on the North side the main swamp that falls into Piles fresh: Conveyance notes - 125 Acres - Thomas Dyson from John Noe; 27 Feb 1726, 100 Acres - John Ingram Twainbrook from John Noe; 25 Sept 1727,100 Acres - Edmund Murphy from John Ingram Twainbrook; 13 Nov 1728, 46 Acres - Sarah Noe from Thomas Dyson; 10 June 1729, 100 Acres - William Davis from Edmund Murphy; 24 March 1734, 112-1/2 Acres - Justinian Burch Jr. From Justinian Burch Sr.; 14 June 1743,
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1642-1753 Rent Rolls Charles County MD Hundred - Newport: Rent Roll page/Sequence: 362-1: PENRICK: 40 acres; Possession of - 40 Acres - Burch, Oliver: Surveyed 31 March 1705 for Oliver Burch lying adjoining to the lands he now lives on beginning at a bound chestnut: Conveyance notes - 46 Acres - Justinian Burch Jr. from Justinian Burch Sr.; 14 June 1743,
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Early Colonial Settlers of Southern Maryland and Virginia's Northern Neck Counties
1750 - 1790 (~ 45 years)