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Deposition of Thomas Ignatius Carrico
CHANCERY COURT (Chancery Record)
Helmes agt. Langley & wife, chancery case, Feb Term 1801,
Liber 47, ff. [20-34], MSA SM1-55,
Microfilm no. SR 5150;
Maryland State Archives, Annapolis, Maryland.

My thanks to Michael Hait for obtaining the copies from the Archives of Maryland for me.



All pages "recorded February Term 1801", but involves earlier dates in the proceedings

page 20

7th of August 1755 Came Margaret Helms Administratrix of Charles Higgenbotham deceased before me the subsciber Deputy Commissary of Frederick County............... A true copy By Thomas Belt Reg Washington County

An inventory of the Estate of Charles Higgenbotham late of Frederick County Deceased now appraised in Current money by us the subscribers
December 17th 1753 viz............

page 21

(inventory signed by)
Henry Farrell, John Perins, Mary Jackson, Lucina Webb as nearest of kin
James Dickson & John Cary as creditors

On the 19th day of June 1754 personally appeared before me the subscriber Deputiy Commissioner of Frederick County, Margaret Higgenbotham Administratrix of Charles Higgenbotham Deceased..........


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And on the 15th day of May 1791 the Commissioners made Return of their proceedings in the words following...To Thos. Sprigg, Richard Pindle, Ignatius Taylor, & Thomas Hart of Washington County Greeting. Know ye that we have appointed your or any three or two of you to be our commissioners to Examine Evidences in a Cause depending in our High Court of Chancery between Thomas Helmes by Ambrose Geogohan his Guardian Complainant and John Langley & Sarah his wife, William Lee and the attorney, General Defendants..........

page 23

Washington county...Depositions of Witnesses produced, sworn and examined on Tuesday the Twenty seventh day of July in the year of our Lord Seventeen Hundred and Ninety..........proceeded to Examine the evidences on the following Interrogatories to Wit~

1st Interrogatory ~ Do you know the parties Complainant and Defendant in this Cause or either and which of them and how long have you know them Respectively.
2nd ~ Do you know the Land Called Chlares Mount formerly the property of Charles Higgenbotham and how long have you known the same and what is the present value there of.
3rd ~ Do you know what was the value of the said Land in or about the year seventeen hundred and sixtyone - and whether the said Land incumberted with the Dower of the said Charles Higgenbothams Widow would then have sold in Ready money for more than the sum of One hundred and fifty Eight pounds fourteen shillings and two pence sterling or for any Greater and what sum.
4th Intr ~ Do you know of any and what improvements made on the said Land after the Death of the said Charles Higgenbotham and to what value were the same.
5th ~Do you know if the said Charles Higgenbotham left any Heirs at his Decease and who they were and there they nor or at anytime since his Deceace have resided.
6th Do you know what has been the annual value of the same Land since the Death of the said Joseph Helmes, what it would now Rent for per year and who has Received the Rents and profits of the said land since the Death of the said Joseph and is now in the possession of the same.
7th Do you know of any other thing for the benefit and advantage of the Complainant in this Cause, if you do disclose it and your Reasons for the same.

Ignatius Simmes of Washtington County farmer aged forty eight years or upwards, being produced, sword and Examined on behalf of the Complainant deposes as followeth ~ To the first Interrogatory this Deponeth saith thathe knew them, that he this Deponant knew Thomas Helms since he was born he knew Sarah Langley all his life time she being his sister John Langley for or five years and William Lee fifteen years or upwards.
To the second Interogatroy this Deponant saith the he is well acquainted with the Land Called Charley Mount. It was formerly the property of Charles

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Higginbotham he this Deponant knew the Land Seventeen or Eighteen years and he believes the present value to be Nine hundred pounds.
To the third Interrogatory this Deponant saith nothing as he this Deponant having not know the Land till long after the year seventeen hundred and sixty one.
To the fourth Interrigatory this Deponant saith that since he this Deponant has been acquainted with the Land Joseph Helmes and them holding under him in his lifetime made Improvements in Buildings which in his opinion must have Cost two hundred and sixty-Eight pounds and at this time are worth about two hundred and fifty pounds and that they have also cleared nd fenced in about seventy acres of Land, five of which is sewn down in Grass and the Expense of the same he this Deponant supposes would be on hundred and fifty pounds, and that since William Lee has been in possession of the said Land he has Repaired the Houses then on the Land to the amount of Hine pounds ten shillings and that William Lee has done Ditching which he supposes might have costtwenty pounds but which he thinks has not profited the Estate five pounds.
To the fifth Interrogatory this Deponant saith The he this Deponant never heard that Charles Higgenbotham left any Heirs and always understood that he left none.
To the Sixth Interrogatory this Depnant saith that the annual amount of the same Land has been since the Death of Joseph Helms worth fifty pounds p year Exclusive of part of the same land under lease for years at twelve pounds p Annum ~ amounting in the whole to sixty two pounds p year and it still is worth the same. The Land except the Land Lease for years Sarah Helms now Sarah Langley lived on the same till some time after Daniel of St. Thomas Jenifer Esq. Intendant sold the same and Recieved the profits thereof and since that time the same has been and still is in the possession of William Lee who has Received the Rents and profits for three years or upwards and that part of the same land under lease for years at twelve pounds p year, one years Rent of the same has been paid to Sarah Helms now Sarah Langley. one years Rent has been paid toThomas Brooke in his lifetime. two years Rent has been paid to Ambrose Geoghegan and one years Rent now is due, and in the hands oft this Deponant Tenant in posession.
To the seventh Interrogatory this Deponant saith that Thomas Brooke & Sarah Helms as Executors of Joseph Helms purchased this Land of Daniel of St. Thomas Jenifer Esq. Intendand in trust for the complainant for the sum ofNine hundred pounds Specia certificates, that he this Deponant understood from Daniel of St. Thos. Jenifer Esq. that he had sold it cheaper than he otherwise would have done in Consequence of its having been purchased for the benefit of the Infant that some time after the sale he this Deponant Received a title from Thomas Brookes, John Langley and Sarah his wife formerly Sarah Helms, informing this Deponant that he must Give up that Land which he held under an

page 25
unexpired lease for years from Joseph Helms at the Rent of twelve pounds p year or else pay them fifty pounds per anium for the same and that he this Deponant understood from the said Thomas Brookes, John Landly and Sarah his wife that they had agreed to sell one half of the said Land Called Charley Mount Lakin Dorsey for one Thousand pounds but that sometime afterwards, the said Thomas Brooke, John Langely andSarah his wife informed this Deponant that not being able to satisfy an Execution that Came against them for the Interest of the purchase money, they had assigned the purchase to William Lee, and this Deponant afterwards saw in the hands of John Langley an Instrument of Writing by which William Lee bound himself to convey to John Langley and wife in fee simple as he understood it a certain part of said Land supposed to be fifty acres in case he the said William Lee got a good title for the whole of the Tract of land Called Charley Mount and further this Deponant saith not.

(contiunues with Dpeosition of Jeremiah Cheney of Washington Co.)

page 26 continues with Cheney deposition then begins deposition of Robert Smith of Washington Co.

page 27 continues with Smith & begins Deposition of Thomas Ignatius Carrico as follows:

Thomas Ignatius Carrico of Washington County farmer aged forty nin years of upwords, being produced sworn and examined on behalf of the Complainant deposeth, as followeth~
To the first Interrogatory this Deponent saith That he knew them for four years past.
To the second, third, fourth and fifth Interrogatorys this Deponeth saith nothing.
To the sixth Interrogatory this Deponant saith, That the annual value of a tract of land called Charley Mount except part of the same tract Rented ot Ignatius Simmes for a term of years is worth at this time fifty pounds p year and that William Lee has possession of the same land except the part Leased to Simmes.
To the seventh Interrogatory this Deponeth saith that he Rented part of the said land of William Lee from april last past to April next ensueing and pays forty pounds for the same and John Langley holds part of the same and he this Deponant is of the opinion that Langleys part is worth ten or twelve pounds p year and further saith not.

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