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42 Aprill 23.th 1676 Upon the humble peticon of Robert Danvile gentl & Johanna his wife one of the Daughters of Alexander Dhynyosa gentl late of this Province & deceased in Holland this day exhibitted here into this Court as well in the behalfe of themselves as for & on the behalfe of Alexander Mary Johannes & Barbara Dhynyosa brothers & sisters of the said Johanna & Children of the said Alexander deceased thereby setting forth that the said Alexander Dhynyosa was in his life tyme seized of a parcell of land called Poplars Island or Thompsons Manno.r scituate in the County of Kent in the said Province of Maryland & being so seized made his last Will & Testament in writing & thereby devised the said land to be equally divided amongst his said five children & shortly after dyed in Holland as aforesaid By vertue of which With the said Peticon &c are become Entituled to a fifth part of the p.rmisses but for want of the said originall Will or an Authentique coppy thereof & sufficient authority from their said Brothers & Sisters Alexander Mary & Barbara (Johannes liveing with the Peticon.rs both which they will endeavour to procure with what speed may be then cannot make appeare their legall interests in the said land And there being no person in this Province in Law as yett capacitated to looke after the same the said Peticon.r & their brothers & Sisters are & will be much damnified for in the interim the land will be much wasted & spoiled the timber cutt downe the houses runn to ruine the tenant in possession not compellable to pay his rent now & hereafter to be in Arreare nor can any improvem.t be made of the p.rmisses And therefore they prayed that this Court would Impower the said Robert Carvile for & on the behalfe of himselfe & wife & their said other brothers & Sisters to take the said land into his possession for the uses aforesaid & to sett & lett the same as he shall see fitt till such tyme as he can procure the said will & authority from his brothers & sisters as aforesaid This Court thereupon takeing the p.rmisses into consideracon & considering also the great p.rjudice may be done to the said land by comitting wasts & spoyles & suffering the houses to fall to ruine & other damages doe think fitt & so order that the said Robert Danvile be & is hereby authorized & impowered to take into his posssession the said land & to receive the rent Arreare & to sett & sett the same for the uses abovesaid as he shall thinke convenient & to endeavour to restraine all wasts & Spoyles in what nature soever till such tyme as he can gett the said Will & succor power ot of Holland as aforesaid Maryland fs To the Hon.ble the Deputy Lieu.t of the Province of Maryland most humbly sheweth to yo.r Hono.rs The humble peticon of John Wood of Charles County That M.r Robert Doyne hath much prejudiced yo.r poore & humble peticon.r by a Surety he hath lately made into his land & taken away great part of his Orchard pasture & a tobacco house with a considerable quantity of rough land uncleared to the great damage & injury of yo.r poore & humble Peticon.r the which said land Orchard & house hath bin in the possession of Cap.t Robert Trope & yo.r Peticon.r this thirteen or fourteen yeares & hath bin alwayes accounted by the Neighbourhood to be the land the said Trope in his life tyme held but by some mistake of the aforesaid M.r Robert Doyne & Richard Edelen Survey.r hath taken the said land away by their survey & hath forwarned yo.r Peticon.r from makeing use of the said Orchard houseing ground or Fenceing to his great damage for which reason yo.r Peticon.r beggs yo.r Hono.r will be pleased to order a Survey.r to Resurvey the said land & that there may be a Jury of the Neighbourhood Impannelled to be there that yo.r Hono.r may be informed who the land taken away belongeth to & that yo.r Peticons may not be so wronged by the losse thereof unjustly And as in duty bound yo.r humbler Peticon.r shall over pray for yo.r Hono.r To the Hon.ble Philip Calvert Esq.r Chancelour & the rest of the Hon.ble Justices of the Provinciall Court I desire that an order may be past in the Provinciall Court for a writt to be directed to the sheriffe of Charles County for the impannelling an Inquest of the Neighbourhood to lay out a tract belonging to M.r Robert Doyne called Rotterdam in Charles County purchased by the said Doyne of the R.t Hon.ble the Lord Prop.ry as also an order to Charles Boteler to attend the Inquest & an order to the Secry to deliver a coppy of the Certificate of the former Survey to the said Boteler for his regulation therein requiring the said Sheriffe to make a returne of the report of the Inquest upon the Resurvey to the next Provinciall Court Tho Notley I consent to the peticon Philip Calvert |
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Provincial Court Land Records, 1676-1700
| Volume 717, Page 42 View pdf image |
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