Person:Edward Burgess (1)

Will of Edward Burgess

Will Edward Burgess

29th Aug. 1721 (will written)

14th March 1722 (will proven)

To wife Sarah, the dwelling plantation "Burgess his Rite" during life, and 1/3 personal estate absolutely; residue to child. equally.

To Margaret Ware, 15 A. nr. Home Cove during life. 100 A. on Scotch Ck. to be sold for benefit od estate. to their daughter Margaret Ware during life only.

To sons Samuel and John, residue of lands; after decease of sd. Samuel and Elizabeth his wife, son Samuel's portion to their child. Edward, Benjamin and Elizabeth. Son John's wife Jane to have life interest in his portion; he dying without issue, to pass to rest of testator's child.

Executors - wife Sarah Burgess and sons John Burgess and Samuel Burgess

Test: thomas Fallows, John Vines, Stephen West, Benjamin Gaither, John Piburn

[Source: Maryland Calendar of Wills, Vol 5, 1720-1726, Calendar of Wills 1720-1726, Page 143, Maryland wills 4:242-245, FHL microfilm 0,012,843].

Notes

From "Anne Arundel Gentry, A Genealogical History of Some Early Families of Anne Arundel County, Maryland" by Harry Wright Newman, Vol. 1, Family Line Publications:

Edward Burgess, son and heir of Colonel William Burgess by his wife Elizabeth Robbins, was born about 1655 in South River Hundred. He followed early in the footsteps of his father and in 1676 accompanied him on the punitive expedition against the Nanticoke Indians, for which he was voted 80 lbs. tob.

On June 6, 1679, he was commissioned one of the Gentleman Justices of Peace for Anne Arundel County, and was at times a member of the Quoru. In 1683, he and his father were appointed members of a commission to 'survey and Manage the Building of the Court House'.

As early as 1676 it has been shown that he was active in Indian warfare and at the time it is believed that his position was that of a junior offiver. In 1696 he was addressed as Captain, and in 1689, the year of the Revolution, it was definitely stated that he was 'Captain of the Foote' in Anne Arundel County. In 1693 he was questioned relative to 45 muskets belonging to the Provincial Magazine then in the custody of Dr, Mordecai Moore and which weere acquired in some manner by the insurgents in 1689.

The success of the Protestant Revolution led by Bkackiston, Coode, Beall and others resulted in the Calverts losing their Province for a number of years as landlords. In consequence those who formerly held office and were loyal to the Calverts retired to their plantations and thier names no longer were among those who held office. It is particularly significant that after 1689 the name of Edward Burgess is no longer found as a public servant of the Province.

After the establishment of the Church of England as the State Church of Maryland upon ascension of William and Mary, Edward Burgess was appointed one of the vestrymen of South River or All Hallow's Parish, but the appointments of the various vestries were more on the grounds of leadership and character than political.

Some time after July 26, 1676, Captain Burgess married Sarah Chew, the daughter of Colonel Chew who had been associated with Colonel William Burgess in military affairs died testate in Anne Arundel County and bequeathed personal property to his daughter Sarah Chew. The will was dated July 28, 1676, and admitted to probate on June 12, 1677. Madam Chew, the widow of Colonel Chew, in her will of February 20, 1694, named her daughter Sarah Burgess...

On February 9, 1685/6, Edward Burgess, Gent., conveyed to John Gaither, Planter, several tracts of land which had been obtained from Robert Proctor, Innholder. '...and whereas Lord Baltimore at St. Mary's City on 16 February 1658 did grant to John Freeman, Planter, land called ffreemanston lying on the west side of Chesapeake Bay in a land called South River near the head of South River between two main branches containing 150 acres...and whereas 75 acres became the right of Robert Proctor in right of Elizabeth his now wife, the late wife of the said John Freeman, and also 300 acres of ffreeman's fancy came to to the right of the said Robert Proctor in right of his wife Elizabeth...and whereas Lord Baltimore did grant to Robert Proctor on 8 September 1668 The Landing... and whereas the said Robert Proctor and Elizabeth his now wife by their indenture of 10 January 1673 granted to George Puddington, of South River, Gent., the 75 aforesaid acres of land, being part of 150 acres of ffreemanston also 100 acres of ffreeman's fancy, also 70 acres of The Landing in all 245 acres...and whereas George Puddington being seized thereof by his will of 15 August 1674 bequeathed to the said Edward Burgess all that land amounting to 245 acres...'. Thereupon, Edward Burgess sold the plantations to John Gaither for 13,000 lbs. tob. Sarah Burgess, wife of Edward, waived all dower rights.

On April 14, 1704, he conveyed to William Nicholson, Gent., for and in consideration of 'a marriage shortly to take place between the said William Nicholson and Elizabeth Burgess the daughter of the said Edward Burgess' a portion of 'Puddington Harbour' granted by Lord Baltimore to George Puddington and by will willed to Edward Burgess. Sarah Burgess waived all dower.

The records of All Hallow's Church state that he was buried on March 4, 1722/23. His last will and testament, dated August 29, 1721, was admitted to probate in Anne Arundel County on March 14, 1722/23, by Thomas Fallows, John Vines, Stephen West, Benjamin Gaither and Joohn Piburn...

The inventory of his personal estate was recorded as 'Captain Edward Burgess late of Anne Arundel COunty deceased Gent.' and filed on April 6, 1723. The appraisement was L188/8/8, including a silver seal, cane, books and six negro slaves. Margaret Ware and Benjamin Gaither approved as the nearest kin. The final account filed on March 2, 1736/7, showed n overpayment of L36/6/11, by his executors Samuel Burgess and John Burgess.

The last will and testament of his widow was written on September 6, 1738, in the presence of Richard Goodman, James Craft and William Disney. It was presented at court in Anne Arundel County for probation on May 12, 1740.

The estate of her deceased husband was to be divided into three equaled parts; 1/3 to son Samuel Burgess; 1/3 to son John Burgess; 1/3 to be divided among the daughters Ann White, Sarah Gaither and Susanna Richardson.

To grandson William Ware 40 shillings

To granddaughter Ann Balenea [Balmda] 40 shillings

Executors - sons Benjamin Gaither and John Burgess

The personal estate was appraised on May 16, 1740, by William Sellman and James Nicholson at L238/16/16. Samuel Burgess and Susanna Richardson signed as next of kin, while Samuel Preston Moore and Rachel Moore signed as the greated creditors. It was not recorded at court until May 28, 1741, by Benjamin Gaither and John Burgess.

At an account filed on May 19, 1742, L57/5/3/ were paid to 'Thomas Richardson in right of his [wife] Susanna Richardson' as heir to the residuary estate, also to Robert White in right of Ann his wife a daughter of the deceased, and to Sarah Gaither, another daughter of the deceased.

Citations

http://wc.rootsweb.ancestry.com/cgi-bin/igm.cgi?op=GET&db=brucen&id=I39