As James Downing died prior to 2 July 1761, could he have died in 1760 and his son John b. 1749 be the orphan John Downing recorded in the 1760 Frederick Co, MD court records? There is a calendar change in 1750 which could help account for the difference in birth years. John was the eldest of James and Susannah's four sons as stated in a letter by Capt. Timothy Downing's son John to Lyman Draper in 1863. As the eldest son, John is listed on the 1762 Air Twp, Cumberland Co, PA Tax List - even though he was a minor. Two items are involved at this point: 1. Colonial Law - minors could be landowners, since they could acquire land by gift or inheritance. Land was never without title, so a father's will devising land to a minor resulted in the minor's immediate ownership regardless of age. Likewise, the land of an intestate person fell immediately to a specific heir, even if a minor, under the law of succession. (Bob's Genealogy Filing Cabinet - Minors and Land.) Also, Pennsylvania granted equal divisions of land and movables in intestates with a double share to the eldest son. 2. On the 1762 Tax List, John Downing has 50 acres and Widow Downing has 200 acres of "Unseated Land." Land that is privately owned but not cultivated, improved, or occupied. And the tax list includes non-residents. That raises the interesting concept that James and Susannah were at the Great Cove when the settlers were expelled in 1750 and had a claim to land there. We know they returned to Frederick Co, Maryland as established by their son James' 1750 birth place. We assumed that James and Susannah returned to the Great Cove c. 1751 and James' probate record and the 1762 tax list were confirmation. But, if you read the 1762 tax record, they were listed as owning "Unseated Land" - unoccupied with no improvements such as a cabin, a barn or a garden. In other words - no family had lived there. Also, son Timothy was born in Maryland in 1755. 1 No one in Great Cove was able to obtain a clear title to their land until after the Indians relinquished their rights in 1765. As James died in 1760, he was unable to receive a warrant for his land. It appears that his widow Susannah filed an estate for James in Cumberland Co. hoping to secure their 1750 land claim. When she married Joseph Wells in late 1761 or early 1762, he then became the administrator for James' estate. No further record seems to exist in Cumberland County. However, there is a record showing a Joseph Wells obtained a lease for 150 acres in Conococheague Manor in 1763. State of His Lordships Manor [Conegocheague?] 1767. Joseph Wells - Lot #15, 150 acres held by Certificate dated Feb. 10th, 1763. (Maryland Records - Colonial, Revolutionary, County, and Church by Brumbaugh.) As a result of the above documents and historical facts: 1. James and Susannah were at Great Cove in 1750 when the Pennsylvania Authorities expelled the settlers. They returned to Frederick Co, Maryland and remained there until James died in 1760/1761. The Downing entries on the 1762 Aire Twp, Cumberland Co, PA tax list were as non-residents who had claim to 250 acres of unseated land. 2. James and Susannah had four sons and John b. 1749 was the oldest. The John Downing who appears in the Frederick Co, MD court records in 1760 as an orphan very probably is their son. 3. Susannah m. Joseph Wells and they lived in Frederick/Washington Co, MD until the family moved to Catfish Camp, now Washington Co, PA, 1773-1776. 4. Nancy Ann b. 1762 is the daughter of Joseph Wells and his wife Susannah [Downing].