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An American Family History

Settling the Estate of William Heard and Bridget Yowkins

 
Charles County, Maryland
 
 

From Abstracts of the Testamentary Proceedings of the Prerogative Court by V. L. Skinner and V.L. Skinner, Jr.

Will of William Heard (p. Puttomacke River).
Overseers: Henry English, John Douglas,
Bequests: wife Bridgett Heard.
Date: 4 January 1664.
Witnesses: Walter Story, Andrew Ward

Will proved 26 January 1664.

25 January 1664. Bridgett Heard was granted administration on estate of her husband William Heard.
Security
: John Heard

 
 
 
Testis (Test) is latin for witness. Testes is the plural.

Maryland Calendar of Wills

Heard, Bridget, Potomac River
4th Mch., 1664
;
11th Apr., 1665.
To son William, when of age,½ estate, real and personal.
To sister Mary Yowkins and to John Douglass, Jr., son of John Douglass of Pickiawoxen,½ estate in equal parts.
To mother Katharine Yowkins, personalty.
Exs.: John Douglass, Sr., and Humphrey Warren of Wicomico River.
Test: John Emerson, Walter Story.
1. 224.

 
 
 
 

From Maryland Prerogative Court, Testamentary Proceedings, Liber 1E, pp. 103-105, 118-120.

Apr. 11, 1665 - John Douglas was granted administration on estate of Bridget Heard relict of William Heard. Humphrey Waring (merchant) was nominated, but relinquished.
Bond: John Douglas.
Appraisers: Francis Pope, John Cage.

Apr. 22, 1665 - Inventory of Bridget Heard.
Will proved 4 May 1665.
Appraisers: Francis Pope, John Cage.

 
 
 
 

from Abstracts of the Testamentary Proceedings of the Prerogative Court by V. L. Skinner and V.L. Skinner, Jr.

11 April. John Douglas was granted administration on estate of Bridget Heard relict of William Heard. Humphrey Waring (merchant) was nominated, but relinquished.
1E:104
Bond: John Douglas.
Appraisers: Francis Pope, John Cage.
Date: 11 April 1665.
Will of Bridget Heard.
Bequests: son William Heard (under age), sister Mary Yowkins & John Douglas (son of John Douglas (Pickwaxton)).
Executors: John Douglas, Sr., Humfry Warren (Wiccocomico River).
105 Bequests: mother Katherine Yowkins, Margaret Stephens (servant), Andrew Ward, Sr. Date: 4 March 1664.
Witnesses:: John Emerson, Walter Story.
Will proved 11 April 1665

 
 
 

The Potomac River flows into the Chesapeake Bay and is about 405 miles long.

from Charles County Circuit Court, Liber B, 15 Nov 1665, Page 500 - 502

Mr. John Emerson, atty. of Mr. John Longe, Plt.;
Mr. John Douglas, admn. of Brigit Heard, Def.;
plaintiff swore to his account of 798 pounds of tobacco and defendant confessed judgment; court ordered payment

John Stone, physician, Plt.;
Mr. John Douglas, admn. of Mrs. Brigit Heard, Def.;
debt of 1,770 pounds of tobacco; 6 Oct 1665;
signed John Stone, physician;
defendant confessed judgment; court ordered payment

Robert Long, by his atty. Mr. Samuell Cressey, Plt.;
John Douglas, admn. to Brigit Heard, Def;
plaintiff seeks 400 pounds of tobacco for his wife taking care of Mrs. Heard during her illness;
Jermima Long, wife of Robert Long, swore the above was true;
3 Nov 1665; before William Marshall (mark);
certification of her oath; Walter Beane (mark);
defendant confesses judgment;
payment ordered

Planter is an archaic term for a settler. Plantation was a method of colonization where settlers were "planted" abroad. A plantation is also the kind of large farm that was the economical basis of many American Colonies and owners of these farms were also called planters.

A plaintiff (plt, plte, plt) or orator is the person who brings a case against another.
A defendant (def tf) is a person accused of a crime or someone challenged in a civil case.

 
 
 
The first European settlements in Maryland were made in 1634 when English settlers created a permanent colony.
Personal property can be called personalty (personality), goods, chattels, articles, or movable property. It includes both animate or inanimate property.

Provincial Court Proceedings, 1666. 23

Walter Story Complaineth against John Doughlas Administrator to the Estate of Bridgett Heard decd In an accõn of Debt
For that whereas the said Bridgett Heard in her life time did buy and purchase of this Complaint severall Goods and merchandize to the vallue of Eighte Thowsand One hundred Twenty and fowre pounds of tobacco and Caske

for the which she the said Bnidgett did unto this Complainant pass her Obligacõn for the quantity of Sixteene Thowsand pounds of tobacco and Cask for the performance of the payment of the said Eight Thowsand one hundred Twenty and fowre pounds of tobacco and Caske the tenth day of septembr now last past as by the said Obligacõn and Condicõn thereunto annext may more Amply appeare,

Now soe it is that this Complainant hath of him the said Doughlas as Administrator aforesaid often demand made for the prformance of the said Obligacõn but he hath and still doth the same deny to per forme, wherefore this Complainant Craveth Judgmt of this Honble Court agst the said Doughlas as Administrator aforesaid for the said Sixteene Thowsand pounds of Tobacco and Cask together wth Cost of suite &c:

Know all men by these prsents that I Bridget Heard of Charles County in the Province of Maryland widdw doe by these prsents Owe and stand Justly Endebted unto Walter Story of London Merchant his heires Executors Admrs and Assignes in the quantity of sixteene Thowsand pounds of good sound merchantable leafe tobacco and Caske and for the true prformance hereof I binde Mee my heires Executors and Administrators firmly by these prsents as wittnes my hand and seale this 4th day of february in the yeare of Our Lord God Verte 1664

The Condicõn of this Present Obligacõn is such that if the above bounden Bridgett Heard her heires Executors Administrators or Assignes doe well and truely pay or Cause to be paid unto the abovesaid Walter Story his heires Executors Administrators or Assignesthe Just quantity of Eighte Thowsand One hundred and twenty four pounds of Good sound merchantable leafe Tobacco and Cask att some Convenient place in Charles County in Maryland att or upon the tenth day of September next ensueing the date hereof wthout fraud or delay that then this prsent Obligacõn to be void or else to stand in full force power and strength and uertue in law Sealed & delivered in the presence of Us
Bridgett Heard (seald)
Wm Baker
Jno Small
Jno Emerson

The spelling cõn is the same as tion.

Tobacco is a native American herb that is cultivated for its leaves which are prepared for smoking, chewing or snuff. In parts of colonial America, it was used as money. Tobacco plantations in the colonial south fueled the need for enslaving people.
 
 

Prior to the publication of Dictionary of the English Language in 1755, there were no spelling rules and even names were spelled many different ways.

Charles County Court Proceedings, 1662-1666. p. 521
Mr Walter Story Produced an Accoumpt of William Heards wife Brigit Heard for six hundered and ten pounds of tobacco whearupon the Administrator of the sayd Brigit Heard desired that the sayd Walter Story might might bee sworne to his Accoumpt which, was granted the Accoumpt is as followeth

Brigit heard dr to Walter story viz Ponegoune
350 P tobacco payd p yr order to James Smith
100 P tobacco payd p yr order to walter Peacke 160 lb 610 610

Walter Story Sworne and Examined in open Court Sayeth that the Estate of Brigit Heard Stand Justly indebted unto him P accoumpt the sume of six hundered and ten pounds of tobaco and further sayeth not for which the sd Duglas Confeseth a Judgment as the Administrator of the sayd Brigit Heard for six hundered and ten pounds of tobacco

It is thearfor ordered that John Duglas as Administrator of Brigit heard shall pay unto Mr Walter Story the sume of six hundered and ten pounds of tobacco

Mr Benjamin Rosier in the behalf of Mr Wm Burton and Company of Rotardam Marchants Produced this ensuing bill of Wm Heards and Craveth an order of Court thearupon against John Duglas the Administrator of Wm Heards wife Brigit Heard

This bill bindeth mee william Heard of Charleses County in the Province of Maryland Planter mee my heirs Executors Administra tors and Assignes to pay or Cause to bee payd unto Mr Wm Burton and Company Marchants in Roterdame or to their Assignes the full and iust quantitie of three hundered fifty and four pounds of good sound bright and Large Mariland leafe tobacco and Caske at or upon the tenth of October next ensuing the daet hearof at my now dwelling hows as witnes my hand this 24th of December Ao 1664
Test Samuell Clarke the marke of
John hillen William H Heard

A surety bond is a promise to assume responsibility for the obligation of a borrower. The person who provides this promise, is known as a surety or security. Bondsmen were usually relatives or family friends.
 
 
 

Charles County Circuit Court, Liber B, 13 Mar 1665/6, Page 524
Marmeduke Snow did pass word for payment 28 Jan 1654;

petitions the court for 647 pounds of tobacco on behalf of Brigit Heard deceased to John Foxhall of St. Mary's County, merchant, for goods; petitioner was constrained by the Commissioners of St. Mary's Co. in Nov 1665;
John Douglas as admn. confessed judgment; payment ordered from estate of Brigit Heard

 
     
 

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©Roberta Tuller 2020
tuller.roberta@gmail.com
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