Newsletter of
The Maryland State Archives
Vol. 15, No. 4
February 26, 2001
www.mdsa.net
A SLAVE FAMILY IN ANNE ARUNDEL COUNTY:  GENEALOGICAL CLUES IN COURT RECORDS 
by Pat Melville 
Research into the ancestry of African American families can be uniquely difficult when the family line includes slaves. Then search efforts become centered on records pertaining to the owner or owners. Such inquiries can be lucrative and provide interesting, but unexpected, sidelights. A good example is found in Anne Arundel County Circuit (Equity Papers) OS288 in series C70 [MdHR 40215-254-1/5]. 

The court case began on October 25, 1860, with the filing of a bill of complaint by Fielder Suit of Prince George's County against John T. Drury, his wife Sarah E. Drury, and their children -- Ellen O. Atwell, Fannie V. Drury, Josephine Drury, and John T. Drury. Suit had tried to collect a four year old debt from John T. Drury through a civil suit. He obtained judgments in April 1860 and executions were issued to the Anne Arundel County sheriff to seize and sell Drury's slaves. Only then was it discovered that in January 1860 Drury had conveyed these slaves and other personal property to his wife. At the same time he deeded his land, Fox Hall, consisting of 178 1/2 acres, to his four children. Ellen O. Atwell was actually the daughter of Sarah E. Drury from her first marriage. All four children were minors. 

Shortly after signing over all his property, Drury left Maryland and had not been heard from since. Suit alleged that the conveyances were executed to fraudulently deprive creditors payment of their debts. He asked the court to void both the bill of

sale and deed and order the properties sold for the payment of the judgments, and any other debts of creditors who joined his law suit. 

Exhibits filed with the bill of complaint furnished family information about the slaves owned by John and Sarah Drury. The bill of sale listed the slaves by name: "negro man Bill, negro woman Susan, negro woman Sarah Ann, negro girl Margaret, negro girl Emma, negro girl Dinah, negro girl Molly, negro boy Thom, and negro boy Jim...." The schedules of property to be levied on by the sheriff included family relationships, ages, and the man's surname: "One negro woman Susan 35 years old and her seven children -- namely Sarah Anne 21 years, Margaret 16 years, Emily 12 years, Mary 8 years, Dinah 6 years, Thomas 4 years, and a boy child 3 months -- & negro man Bill or William Waters about 40 years old." Some of the names differed slightly and the baby was named in only one document. Assuming correctness in given ages, Susan first gave birth at age fourteen, a young age at any time. 

Other documents filed and created during the course of this equity case, a span of fourteen years, offered insights into the income and expenditures of the Drury family and their personal interactions. The papers included answers filed by the defendants, petitions of other creditors to join the suit along with their accounts and transcripts of judgments, testimony, decree, and sale report. 

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The Archivists' Bulldog
A SLAVE FAMILY 
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John Drury and Sarah Atwell were married in March 1851. Everyone agreed that money for the acquisition of land and slaves after the marriage came from Sarah. In fact, she described John as so poor that she bought his clothes for the wedding ceremony and paid many of his debts. Sarah had inherited about $25,000 from Joseph Fowler, an uncle who had lived in New Orleans. That money was used to purchase two parcels of land, slaves, livestock, and farm equipment and to build a house. As a result Sarah claimed that the slaves really belonged to her and that the bill of sale executed by John was designed only to clarify her title to the property. She also asserted that they had intended all along to list the children as the grantees in the deed for Fox Hall. Supposedly such a document had been prepared, but never recorded. Thus, the 1860 deed was designed to correct this oversight. Sarah, of course, disclaimed any attempt to defraud creditors. 

By 1856 three children had been born to John and Sarah Drury. In 1860 the youngest, John T., died at age four. 

John probably did not leave Maryland solely because of his debts. In addition, he may have signed over the land and personal property to ease his conscience or to meet demands from an angry and upset wife. Sarah had discovered adulterous acts committed by her husband with his stepdaughter. Shortly after John left the state in January 1860, Sarah filed for divorce which was granted in June 1861 [OS273, MdHR 40215-241]. She was awarded all property she brought into the marriage and any they acquired afterwards even if the title was in his name. 

John Drury returned to Maryland in 1863 and testified in the equity case twice within the next two years. By September 1864 Sarah Drury  had resumed use of the surname Atwell, and Ellen Atwell had married George W. Owings.


The Archivists' Bulldog 
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RECORD TRANSFERS 

ANNAPOLIS MAYOR AND ALDERMEN 
    (Contracts and Agreements) 1973-2000 
        [MSA T2390] 
    (Miscellaneous Papers) 2000 [MSA T390 
    (Ordinances and Resolutions) 1951-1998 
        [MSA T2389] 

ANNE ARUNDEL COUNTY CIRCUIT COURT 
    (Civil Docket) 1968-1991 [MSA TM620] 
    (District Court Liens) 1976-1982 [MSA T2575] 
    (Divorce Docket) 1966-1991 [MSA TM619] 
    (Election Returns) 1969- [MSA T1145] 
    (Equity Docket) 1963-1991 [MSA TM616] 
    (Equity Record) 1852-1967 [MSA T914] 
    (Federal Tax Lien Record) 1967- [MSA T1128] 
    (Financing Record) 1961-1999 [MSA TM131] 
    (Homeowners Association Record) 1992-1997 
        [MSA TM620] 
    (Hospital Lien Docket) 1937 [MSA T3270] 
    (Judgment, Other Courts & Agencies) var.d. 
        [MSA T3267] 
    (Land Records) 1855-1947 [MSA T2790] 
    (Licenses, Business) 1977-1979 [MSA TM620] 
    (Miscellaneous Bond Record) n.d. [MSA T3268] 
    (Notice of Sale Requests) n.d. [MSA T3271] 
    (Paternity Docket) 1963-1991 [MSA TM617] 
    (Sale Notice Requests) 1990-1998 
        [MSA TM441] 
    (Tax Sale Papers) 1885-1942 [MSA TM620] 
    (Trustee Bonds) 1986- [MSA T1130] 
    (URESA Docket) 1965-1987 [MSA TM618] 

ANNE ARUNDEL COUNTY DEPARTMENT OF PUBLIC WORKS 
    (Capital Improvements Projects) var.d. 
        [MSA TM620] 

ANNE ARUNDEL COUNTY REGISTER OF WILLS 
    (Estate Papers) 1994-1995 [MSA T72] 
    (Small Estate Papers) 1994-1995 [MSA T1179] 

BALTIMORE CITY CIRCUIT COURT 
    (Civil Papers, Equity and Law) 1983-1985 
        [MSA T2691] 
    (Civil Papers, Equity and Law, Transcripts) 1987 
        [MSA T3244] 
    (Equity Papers B, Divorces and Foreclosures) 
        var.d. [MSA T54] 

BALTIMORE CITY CIRCUIT COURT NO. 2 
    (Paternity Contempt Orders) 1926-1999 
        [MSA T2992] 

BALTIMORE COUNTY CIRCUIT COURT 
    (Civil Papers) 1990-1991 [MSA T697] 

BALTIMORE COUNTY REGISTER OF WILLS 
    (Estate Papers) var.d. [MSA T679] 

CALVERT COUNTY CIRCUIT COURT 
    (Plats, Index) 1882-2000 [MSA T2509] 
 
 
 

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RECORD TRANSFERS 
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CHARLES COUNTY BOARD OF COUNTY COMMISSIONERS 
    (Proceedings) 1941-1968 [MSA T3221] 

CHARLES COUNTY CIRCUIT COURT 
    (Charter Record) 1877-1992 [MSA T2725] 
    (Charter Record, Index) 1877-1993 [MSA T3233] 
    (Court Record) 1796-1858 [MSA T3236] 
    (Criminal Papers) 1987-1990 [MSA T2663] 
    (Docket) 1833 [MSA T399] 
    (Election Returns) 1897-1972 [MSA T3238] 
    (Equity Papers) 1980-1981 [MSA T2154] 
    (Equity Record) 1979-1992 [MSA TM224] 
    (Equity Record) 1844-1885 [MSA T3239] 
    (Equity Record, Foreclosures) 1967-1992 
        [MSA T3241] 
    (Execution Docket) 1874-1885 [MSA T3231] 
    (Judgment Docket) 1846-1949 [MSA T3230] 
    (Judicial Docket) 1846-1978 [MSA T3229] 
    (Land Commission Record) 1844-1904 
        [MSA T3235] 
    (Magistrates Judgments) 1885-1903 [MSA T2164] 
    (Marriage Record) 1886-1997 [MSA T2167] 
    (Marriage Register) 1964-1986 [MSA T3240] 
    (Military Discharge) 1973-1995 [MSA T3228] 
    (Tax Sale Record) 1903-1946 [MSA T3232]