September Term 1795
Be it remembered that heretofore to wit at a County Court of the State of Maryland begun and held for Prince George County at Upper Marlborough Town in said County on the first Monday in April in the year of our Lord one thousand seven hundred and ninety four Zachariah Riddle of Loudon County in the State of Virginia preferred to the Court here his petition in the following words to wit:
To the Honourable the Justices of Prince Georges County Court. The petition of Zachariah Riddle of Loudoun County Virginia humbly sheweth that your petitioners father John Riddle late of Prince Georges County deceased and who died intestate was at the time of death seized & possessed of a tract of Land in said County consisting of several small tracts all contiguous viz. part of the Addition to Hope Enlarged containing 76 ½ acres, poplar thickett containing fifty three and a half acres more or less. That he left issue Jacob Riddle, James Riddle, your petitioner, Basil Riddle & Sally Nicholson (she having intermarried with Francis Nicholson) and several grand Children, to wit the Children of George Riddle, his Eldest son; the children of John Riddle another son; the Children of Samuel Riddle another son; and the Children of his daughter Elizabeth who intermarried with John Beck of Prince Georges County, two of which to wit. Jeremiah Beck and James Beck are minors under the age of Twenty one years. –– Your petitioner therefore prays your Honours to appoint five discreet persons to proceed according to the act of 1786, to direct descents, to divide or otherwise value the said Lands or any other of which he may have been seized at the time of his death, and he will pray & soforth.
G. Duvall for Pettr.
And thereupon the Court ordered and directed Commission to issue to James Beck, Joseph Beck, Richard Walker, Thomas Duvall and Jesse Cheney five discreet sensible men of the County aforesaid and which said Commission was accordingly issued on the words and figures following to wit:
Prince Georges County to wit. The State of Maryland, To Messrs James Beck, Joseph Beck, Richard Walker, Thomas Duvall and Jesse Cheney of Prince Georges County Gentlemen Greeting. –– Whereas Zachariah Riddle of Loudoun County Virginia preferred to the Justices of our County Court held for the County aforesaid at Upper Marlborough Town in said County on the first Monday last his petition setting forth and alleging that his father John Riddle late of Prince Georges County deceased, and who died intestate was at the time of his death seized and possessed of a tract of Land in said County consisting of several small Tracts all contiguous Vizt. part of the Addition to Hope Enlarged containing seventy six acres and a half acres, Poplar Thickett containing fifty acres; and addition to Poplar Thickett containing sixty three acres and a half, more or less. That he left issue Jacob Riddle, James Riddle, the Petitioner, Basil Riddle and Sally Nicholson (she having intermarried with Francis Nicholson) and several Grand Children, to wit the Children of George Riddle his eldest son; the Children of John Riddle another son; the Children of Samuel Riddle another son, and the Children of his Daughter Elizabeth who Intermarried with John Beck of Prince Georges County, two of which vizt. Jeremiah Beck and James Beck are minors under the age of Twenty one years and praying the Justices of the same Court to appoint five discreet persons to proceed according to the Act of Seventeen hundred and eighty five Entitled "An Act to direct descents" –– to divide or otherwise value the said Lands or any other of which he maybe may have been seized at the time of his death. –– Know ye that we have given you or a majority of you and by these present do give you or a majority of you and by these presents do give you or a majority of you full power and authority to enquire whether the said allegations be true; and if true to go to and enter upon the aforesaid Lands of the said John Riddle deceased or any other Land of which the said John Riddle may have been seized at the time of his death and if the same will admit of division without loss and injury to the parties interested. That you or a majority of you (first taking the Oath hereunto annexed) and giving notice to all parties interested, value and appraise the same in Current money and proceed to divide and make partition of the said Lands amongst the Representatives of the deceased according to Law in shares equal according to situation, quality, and every kind of of every kind of advantage; and you or a majority of you shall cause the respective shares if necessary to be ascertained, bounded, and laid off by the County Surveyor or other persons properly qualified and you or a majority of you shall allot to the said Representatives their respective shares of the said Lands and after such allotments or partition make return of your proceedings under Hand and seal to us at our next Court which shall happen thereafter and if you or a majority of you are of opinion, that the said Lands cannot be divided without loss and injury to all parties interested therein then you or a majority of you shall under hand and seal make return to us of your Judgment and the reasons upon which the same is formed and the Real Value of the said Lands in current money so descending to the Representatives of the said John Riddle deceased, and this shall be your authority. Witness Michael Jenifer Stone Esquire Chief Justice of our said County Court at the Town aforesaid the 27th day of June Anno Domini S eventeen hundred and ninety four ––
Heard the 1st day of July 1794. Jno R. Magruder Clk.
And now here at this day to wit the first Monday in April in the year of our Lord one thousand seven hundred and ninety five four of the Commissioners aforesaid make return to the Court of the Commission aforesaid with the following Certificate of the qualification of the commissioners thereon written to wit:
On the 16 day of October 1794 Came James Beck, Joseph Beck, Richard Walker, Thomas Duvall and Jesse Chaney Commissioners within named before me one of the Justices of the Peace for Prince Georges County and made Oath on the Holy Evangels of Almighty God that in pursuance of the within Commission they would well and truly make a true and just partition of the Lands therein mentioned between all the parties interested according to law equal as may be, having regard to quantity, quality and every kind of advantage without favour or partiality to their best of their Judgment or otherwise in all things conform themselves to the directions of this Commission Sworn before me the day and year above written.
Gabriel P. VanHorn
And the said Commissioners return with the said Commission their Report and return in the words and figures following to wit:
Prince Georges County to wit: We whose names are hereunto subscribed being appointed Commissioners by the Honourable the Justices of Prince Georges County Court, by the annexed Commission, and having taken an Oath well and truly and without favour, partiality or prejudice to adjudge and determine whether the Estate of John Riddle deceased will admit of being divided, and to ascertain the value of such Estate in current money; do hereby certify and return that we have examined the Land in question and have enquired into the number of persons invested and we find that the said land John Riddle left Children who are now living vizt. Jacob Riddle, James Riddle of Prince Georges County, Zachariah Riddle of Loudoun County Virginia, Basil Riddle of North Carolina, and Sally his Daughter who intermarried with Francis Nicholson of Frederick County, that he also left Grand Children in George Riddle, Samuel Riddle, Jeremiah Riddle, Mary the Wife of Benjamin Hutchinson, Elizabeth Walker (the Wife of Joseph Walker, and Ann Riddle, all Children of George Riddle, eldest son of said John Riddle and all living in Loudoun County in Virginia, Randall Riddle and John Riddle Sons of Jno Riddle second son of John Riddle decd, both living in Grenville County in North Carolina, John Riddle and Sarah Riddle, Children of Saml Riddle the son of said John Riddle the Intestate, of Montgomery County and John Beck, Anthony Beck, Jeremiah Beck and James Beck, Children of Elizabeth his Daughter, who intermarried with Anthony Beck, now decd. that John lives Kentucky, Anthony and Jeremiah in Montgomery County, and James Beck in Prince Georges County with Joseph Beck his Guardian that the said Jeremiah Beck and Joseph Beck are both minors under the age of twenty one years, that John Beck son of James is Guardian to the aforesaid Jeremiah & with whom he lives. We also find that the said Lands contain the quantity of one hundred & ninety acres and that the Land is of inferior quality; and we are of opinion that the said Land cannot be divided without loss to all the parties interested, because of the smallness of the quantity, the inferior quality, it's situation and the number of persons interested, we further certify that we are of opinion that the Real value of the said Land in Current money is worth our opinion three dollars p. acre. Given under our hands this 16th day of October 1794.
Whereupon the Return of the Commissioners aforesaid being considered, and mature deliberation thereon had It is considered by the Court here that the judgment of the Commissioners and return aforesaid be confirmed – And for further proceedings in the premises day is by the Court here given until the first Monday in September next. ––
And now here at this day to wit the first Monday in the year of our Lord one thousand seven hundred and ninety five aforesaid Jacob Riddle the eldest son of John Riddle deceased appears in the County Court aforesaid in proper person and declines taking the Land at the valuation and signs the same in writing and James Riddle the second son of the said John Riddle also appears here in Court in his proper person and declines taking the same at the valuation, and also signs the same in writing. And it appearing to the Court here that Zachariah Riddle is the third son of the said John Riddle who now also appears in Court and elects to take the Land at the valuation made by the Commissioners under the Act to direct descents and to pay to the other Representatives their several and respective proportions, The Court accordingly gives the said Zachariah the preference he paying to the other Representatives of the said John Riddle their several and respective proportions of the said valuation. –
Test John Read Magruder Jr. Clk.