Francis SMITH d: w/o issue 1719/1720. His 18th Aug 1714 will was contested by the Rev Richard SEWELL on behalf of St Stephen's parish. The 1714 will designated his sister, Sarah PEIRCE and his nephew Robert EYRE as heirs to his estate. Unfortunately, records of the final disposition of the estate have been lost or at least cannot be found. Final settlement of the estate may have occurred as late as 1729/30. Maryland Archives: MSA #S541, Prerogative Court Testamentary Papers, Francis SMITH, Box 26, Folder 25, 1-13-1-15 St Stephen's Parish, Cecil County, Jun: 1: 1720 There died in my parish lately one Francis SMITH an English man and once a Mr of Arts in Oxford and who many years since came into this Province and had 12 hundred acres of land on Elk river the place of his abode. He was very old & having no issue he told me (not long since) that he intended to give his land for a free school in this Parish and has done so in ye best manner he was able just at his dyage. He called for what papers he had by him relating to this matter (and 'undecipherable word' - scratched out) 2 papers yL wer' shown to him by Mr Pierce a kins-man, throwing them both away saying these will not due, but Mr .. Alexander & some other Neighbours knowing his former resolution askt' him how much land he do give toward a free-school he answer'd a Thousand acres and being able to sign this on a paper as his will, being very weak, but yet sensible, he only set down a Mark instead of his full name and did not write his name at length. But as ye will find the now living Evidency declare will (I hope) satisfie way fully his intention & resolv'd will. for. (undecipherable) former wills he made he then revok'd & threw away saying often a school, a school this will due. Sir, I must refurr you to the Depositions which I think will fully prove that was ye undoubted will of Mr.. SMITH, that he left a Thousand Acres of land for a free school and 2 hundred to Rob't AIRS a kins-man. As to what former wills may appear I can't tell for he has made (undecipherable) but I'm sure he (undecipherable) for the use of a free school. I am assur'd you this was his will (undecipherable) : but how it may be alterd or chang'd in fore (undecipherable) I know not. (Undecipherable) and Christian Charity seems fit & proper, just and (undecipherable) be very sorry if any strict & rigid (undecipherable) and formality of law (undecipherable) such a useful Donation and an uncommon Charity. All that I can or ought to beg of you is that you (undecipherable) favour our sause, as much as ye can (undecipherable) may (undecipherable) amongst others of my parish will infinitly oblige (undecipherable) good. Your most huh: Petition hearty Love & (undecipherable) : to (undecipherable) Rich. SEWELL The Deposition of Samuel ALEXANDER as Followeth, __ Deponent __ that being __ by Robt HEIRS to __ to his uncle Smythe __ put him in remembrance(?) of two hundred acres of land that he promised him __ deponent asked accordingly the said __ __ his answer was __ Robt HEIRS might have them __ deponent asking how much his answer was two hundred acres __ __ __ deponent asking how much was __ __ __ for __ free school his answer was a thousand acres __ __ deponent __ __ __ __ Francis SMYTHE put his hand to a paper __ __ __ __ __ __ __ said was his due __ further saieth not The deposition of Gavin HUTCHINSON as followeth; __ saeth __ __ Francis SMYTHE in his life time __ on__ day where his wive's funeral was __ deposing him __ deponent to take __ children of __ __ __ child belonging to Henry ROBERTS __ any of the neighboring children that were __ to __ and them to teach __ __ doing promised __ __ __ further promising__ to erect a school house to __ __ __ a dwelling house for the said deponent to live in upon his own land. The deposition of Mildred BRISTOW as followeth; Being (undecipherable) of a neighbors before the departure of Mr Francis SMYTH I saw a paper (undecipherable) by Mr Henry PEIRCE to (undecipherable) perusal of Mr Smyth (undecipherable) paper he threw aside and said ill would not due (undecipherable) Mr Smyth wee will write a preamble of a will to see how you will like it that is to say (undecipherable) heads (undecipherable) 10th being (undecipherable) was brought (undecipherable) after the (undecipherable) of Mr Smyth he said this will due & furthermore Robt HEIRS (undecipherable) ALEXANDER to put Mr SMYTHE in Remembrance of two hundred acres of land he promised to him (undecipherable) soe doing Mr SMYTHs answer was he must have (undecipherable) further (undecipherable) answer was two hundred acres and (undecipherable) remainder of my land for a free school and pointing to Mr PEIRCE he said and to you my movables. __ of paper being brought __ after deliberate perusal he said the will __ __ __ for some time __ __ __ __ but now sing then being brought to him he presented __ __ __ __ __ __ pen __ __ __ __ __ __ (__ __ __ __ __ permitted __ __ __ __ would due __ __ __ building __ people good __ __ __ __ __ The Deposition of Mary WALTHAM as followest: Being present & being sent for to assist __ __ __ Mr Francis SMYTH while __saw a paper brought by Mr Henry PEIRCE to __ __ of Mr SMYTHE the __ __ paper __ __ he threw __ __ __ that paper being brought he __ approve of __ __ __ Mr PEIRCE __ __ he might be minded that when he grew better the paper might be signed & after some time he took up a pen and made a mark. 12th April 1720 All of above depositions were solemly sworne by the several persons before me. 1720 __ VANDERHEYDEN

Sounds like Eyre owed a debt to me but the position of the church is unreal. Ten or even twenty acres maybe! Yep, that is weird. Ginny -----Original Message----- From: downeast@concentric.net To: mdcecil@rootsweb.com Sent: Fri, 24 Nov 2006 6:27 AM Subject: [MDCECIL] SEWELL, EYRE, PEIRCE, ALEXANDER, BRISTOW Francis SMITH d: w/o issue 1719/1720. His 18th Aug 1714 will was contested by the Rev Richard SEWELL on behalf of St Stephen's parish. The 1714 will designated his sister, Sarah PEIRCE and his nephew Robert EYRE as heirs to his estate. Unfortunately, records of the final disposition of the estate have been lost or at least cannot be found. Final settlement of the estate may have occurred as late as 1729/30. Maryland Archives: MSA #S541, Prerogative Court Testamentary Papers, Francis SMITH, Box 26, Folder 25, 1-13-1-15 St Stephen's Parish, Cecil County, Jun: 1: 1720 There died in my parish lately one Francis SMITH an English man and once a Mr of Arts in Oxford and who many years since came into this Province and had 12 hundred acres of land on Elk river the place of his abode. He was very old & having no issue he told me (not long since) that he intended to give his land for a free school in this Parish and has done so in ye best manner he was able just at his dyage. He called for what papers he had by him relating to this matter (and 'undecipherable word' - scratched out) 2 papers yL wer' shown to him by Mr Pierce a kins-man, throwing them both away saying these will not due, but Mr .. Alexander & some other Neighbours knowing his former resolution askt' him how much land he do give toward a free-school he answer'd a Thousand acres and being able to sign this on a paper as his will, being very weak, but yet sensible, he only set down a Mark instead of his full name and did not write his name at length. But as ye will find the now living Evidency declare will (I hope) satisfie way fully his intention & resolv'd will. for. (undecipherable) former wills he made he then revok'd & threw away saying often a school, a school this will due. Sir, I must refurr you to the Depositions which I think will fully prove that was ye undoubted will of Mr.. SMITH, that he left a Thousand Acres of land for a free school and 2 hundred to Rob't AIRS a kins-man. As to what former wills may appear I can't tell for he has made (undecipherable) but I'm sure he (undecipherable) for the use of a free school. I am assur'd you this was his will (undecipherable) : but how it may be alterd or chang'd in fore (undecipherable) I know not. (Undecipherable) and Christian Charity seems fit & proper, just and (undecipherable) be very sorry if any strict & rigid (undecipherable) and formality of law (undecipherable) such a useful Donation and an uncommon Charity. All that I can or ought to beg of you is that you (undecipherable) favour our sause, as much as ye can (undecipherable) may (undecipherable) amongst others of my parish will infinitly oblige (undecipherable) good. Your most huh: Petition hearty Love & (undecipherable) : to (undecipherable) Rich. SEWELL The Deposition of Samuel ALEXANDER as Followeth, __ Deponent __ that being __ by Robt HEIRS to __ to his uncle Smythe __ put him in remembrance(?) of two hundred acres of land that he promised him __ deponent asked accordingly the said __ __ his answer was __ Robt HEIRS might have them __ deponent asking how much his answer was two hundred acres __ __ __ deponent asking how much was __ __ __ for __ free school his answer was a thousand acres __ __ deponent __ __ __ __ Francis SMYTHE put his hand to a paper __ __ __ __ __ __ __ said was his due __ further saieth not The deposition of Gavin HUTCHINSON as followeth; __ saeth __ __ Francis SMYTHE in his life time __ on__ day where his wive's funeral was __ deposing him __ deponent to take __ children of __ __ __ child belonging to Henry ROBERTS __ any of the neighboring children that were __ to __ and them to teach __ __ doing promised __ __ __ further promising__ to erect a school house to __ __ __ a dwelling house for the said deponent to live in upon his own land. The deposition of Mildred BRISTOW as followeth; Being (undecipherable) of a neighbors before the departure of Mr Francis SMYTH I saw a paper (undecipherable) by Mr Henry PEIRCE to (undecipherable) perusal of Mr Smyth (undecipherable) paper he threw aside and said ill would not due (undecipherable) Mr Smyth wee will write a preamble of a will to see how you will like it that is to say (undecipherable) heads (undecipherable) 10th being (undecipherable) was brought (undecipherable) after the (undecipherable) of Mr Smyth he said this will due & furthermore Robt HEIRS (undecipherable) ALEXANDER to put Mr SMYTHE in Remembrance of two hundred acres of land he promised to him (undecipherable) soe doing Mr SMYTHs answer was he must have (undecipherable) further (undecipherable) answer was two hundred acres and (undecipherable) remainder of my land for a free school and pointing to Mr PEIRCE he said and to you my movables. __ of paper being brought __ after deliberate perusal he said the will __ __ __ for some time __ __ __ __ but now sing then being brought to him he presented __ __ __ __ __ __ pen __ __ __ __ __ __ (__ __ __ __ __ permitted __ __ __ __ would due __ __ __ building __ people good __ __ __ __ __ The Deposition of Mary WALTHAM as followest: Being present & being sent for to assist __ __ __ Mr Francis SMYTH while __saw a paper brought by Mr Henry PEIRCE to __ __ of Mr SMYTHE the __ __ paper __ __ he threw __ __ __ that paper being brought he __ approve of __ __ __ Mr PEIRCE __ __ he might be minded that when he grew better the paper might be signed & after some time he took up a pen and made a mark. 12th April 1720 All of above depositions were solemly sworne by the several persons before me. 1720 __ VANDERHEYDEN ------------------------------- To unsubscribe from the list, please send an email to MDCECIL-request@rootsweb.com with the word 'unsubscribe' without the quotes in the subject and the body of the message ________________________________________________________________________ Check out the new AOL. 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