A comment about the 1777 Will of Augustine Ward, posted earlier this month gave a link to the following pages from the court records of Charles County, Maryland dated February 8, 1777.  Evidently there was a reason for depositions concerning the land that Augustine Ward, my sixth great-grandfather, owned in Charles County, Maryland.  Only the depositions are given here, but there is a wealth of knowledge if we read between the lines.  First are the ages given for each of the persons making depositions.  If Augustine was 74 in 1777 – the year the depositions were given – he was born about 1703 (give or take a few years).

In the deposition of Henry Halifax, he said that Augustine had Milburn Simms ‘run out his land’ called Charles Town.  This tract was owned by Augustine’s father, John Ward, who died in Charles County in 1734.  Augustine Ward is not specifically mentioned in John Ward’s will.  Son Achilles – brother to Augustine – was given Ward’s Addition, containing 76 acres, ‘adjoining to a tract of land whereon I now live called Charles Town.’  The land known as Charles Town, Ingersole and Ward’s Delight would pass to Augustine Ward, his father’s eldest son.  In his own will Augustine gave Charles Town to his son, John Ward, a grandson of the elder John Ward.  Since Augustine was the eldest son, and older that brother John, the land given him by his father was likely already his when his father died.  John Ward’s wife and Augustine’s mother was Agnes Ward is mentioned in the depositions. Kenelen Ward, brother to Augustine, died a few years after this deposition was taken.

I find it interesting to see so many depositions taken to prove that land belonged to a particular person.  This is common not only in Maryland.  While researching deeds in Washington County, Kentucky, there are many notices of depositions taken to prove ownership.  But in many instances you find information about family relationships that may otherwise be lost.

Charles County Maryland Court Records, 1774-1778; 1788-1780

Pages 580-582

In pursuance of the annual commission, we the subscribers have taken the following depositions:

Augustine Ward, aged 74 years, being duly sworn on the Holy Evangelists

declares the place where we now are at is a bound tree of Kenelen Ward’s land, that this deponent bounded the said tree and was the taker of said land tract and further sayeth not. 

Henry Halifax, aged 71 years, being duly sworn as above, declares that about 30 years ago Augustine Ward got Milburn Simms to run out his land called Charles Town, and that they began at the place where we now stand, which is near a water mill of Kenelen Ward’s and that they run the first course up the hill from said place that Richard Wheeler told this deponent that Agnes Ward, the former possessor of the aforesaid tract called Charles Town, that at the place aforesaid was the bound tree of her land called Charles Town and further sayeth not.

John MacAtee, aged about 46 years, being duly sworn as above declares, that about 30 years ago Agnes Ward, who then claimed the land called Charles Town, showed him this deponent a white oak, which she said was the bound tree of her land called Charles Town, which he thinks stood near the place we now are, at which below a water mill of Kel Ward and on the south side of the run but how far below the said mill he does not remember and further sayeth not.

Henry MacAtee, aged about 45 years being duly sworn as above, declares that about 30 years ago that Agnes Ward, who then claimed the land called Charles Town, showed this deponent a bound tree which she sayeth was the beginning tree of her land called Charles Town, which tree stood about 50 yards below a water mill of Kenelen Ward and further sayeth not.

At the request of Augustine Ward the following depositions were taken:

Benjamin Brawner, aged about 46 years, being duly sworn as above, declares that about 30 years ago he carried the chain on a resurvey made by William Hanson for Augustine Ward as he, this deponent, understood, and that they began at a sycamore which is about 3 or 4 hundred yards below a water mill of Kenelen Ward’s, on a hillside near the run and on the south side of said run and near a gully and on the survey they came very near the other boundaries of Charles and further sayeth not.

Peter Farnandis, aged about 36 years, being duly sworn as above, declares that about 23 years ago his father showed him the place above described and told him there stood at the beginning tree of Charles Town a tract of land in possession of Augustine Ward and that a sycamore tree was bounded in the place where the original tree stood, and further sayeth not.

Kenelen Ward, about 63 years of age, duly sworn on the Holy

Evangelists declares that about 48 years ago Obediah Gardiner showed him a bound white oak and told him it was the bound tree of his father’s land and afterwards John Gardiner showed him, this deponent, the same tree and told him it was his father’s, John Ward’s, bound tree, which tree stood near or at the sycamore described in Benjamin Brawner’s deposition and further sayeth not.

Mary Ward, aged about 60 years, being duly sworn as above, declares that about 49 years ago Obediah Gardiner showed her a white oak with a spreading top and white bark and told her it was a bound tree of John Ward’s land, which she thinks stood at or near the sycamore described in Benjamin Brawner’s deposition and further sayeth not.

William Mankin, aged about 57 years, being duly sworn above, declares that about ten years ago some of his neighbors showed him the sycamore described in Benjamin Brawner’s deposition and told him it was the bound tree of Augustine Ward’s land and further sayeth not.

John Brawner, aged about 54 years, being duly sworn as above, declares that about 30 years ago William Hanson, the Deputy Surveyor, began at the sycamore described in Benjamin Brawner’s deposition to execute a warrant of resurvey for August Ward as he then understood and further sayeth not.

In witness whereof we have hereunto set our hands and seals this 8^th day of February 1777.

Peter Dent, Archibald Johnston