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..........
page 22
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
page 24
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.