Worldwide Smoot etc.

Maryland
Smoot, Smoote, &c., of Charles County, Maryland
by Fred Smoot and Carole Hammett

Charles County, Province of Maryland was established in 1658 from St. Mary’s County. The first known Smoots (including all variant spellings) recorded in what would become Charles County are the family of “William the Boatright” who came to Maryland in 1646 from York County, Virginia, claiming headrights (at 50 acres per “head”) for having transported eight individuals, including himself: (See also Records of Provincial Maryland):


“William SMOOTE(S) Immigrated about 1646 with Grace, his wife, Thomas, Richard, Elizabeth, Ann, & Ales, his children, Elizabeth WOOD, his wife’s daughter, & Ann WOODNOT, his servant.” (A Supplement to The Early Settlers of Maryland compiled by Carson Gibb, Ph.D. AB&H:230, 243 Film No.: SR 7344; MSA SC 4341-2303)

p. 154 4 June 1651 400 acres laid out on the west side of the Wiccomico River....for Will: SMOOT. (FHL microfilm 13064, MD patents, Liber ABH (Vol. 4) extracted by Fredric Z. Saunders)

p. 230 13 Nov. 1652 “William SMOOTES his Titles for Land Viz. for Transporting himself Grace his Wife Thomas Richard Elizabeth Ann and Ales SMOOTE his Sons and Daughters and Elizabeth WOOD his Wives Daughter about the year 1646 and Ann WOODNOT his Servant about two Years Since upon which Rights he took up Three Hundred Acres upon the Herring Creek and Four Hundred Acres since upon Wiccohomico River.” (FHL microfilm 13064, MD patents, Liber ABH (Vol. 4) extracted by Fredric Z. Saunders)

p. 242 26 Jan. 1652 Laid out for Will: SMOOTE land on the west side of Wiccohomico River....400 acres. (FHL microfilm 13064, MD patents, Liber ABH (Vol. 4) extracted by Fredric Z. Saunders)

p. 243 26 Jan. 1652 Patent to Will: SMOOT of 400 acres “for Transporting Elizabeth Ann and Alis SMOOTE his Daughters and Elizabeth WOOD his Wive’s Daughter in to our said Province before the year 1651....” (to side in different handwriting is written Atwicks Purchase) (FHL microfilm 13064, MD patents, Liber ABH (Vol. 4) extracted by Fredric Z. Saunders)

The information is somewhat ambiguous, but it appears to likely be but one William Smoot. The 13 Nov. 1652 record shows that the William who received the 300 acre tract on Herring Creek (“Smoot”), and the 400 acre tract on the Wiccohomico River (“Atwicks Purchase”) were the same person. The patent for the 400 acre “Atwicks Purchase” shows this was for transportation of his wife and 3 daughters. The warrant for “Smoote” was listed for transportation of himself, wife, and two children. He would have been entitled to 400 acres here, but only received a patent on 300 acres (presumably for himself and two sons), thus using his wife’s transportation later on “Atwicks Purchase.” What is confusing is the 4 June 1649 warrant for 100 acres for transportation of himself and two children. If this is a different William Smoot, he should have been entitled to 300 acres, not 100 acres. If this is the same William Smoot, he shouldn’t have been entitled to any land, as he had already received the 300 acre “Smoote” for those threes transportation. The only explanation I can figure is that he was trying to get the additional 100 acres that he didn’t get when he got only a 300 acre patent, for transportation of himself, wife and two children, when he was entitled to 400 acres. Technically then the warrant should have only mentioned transportation of one person, not three. Although there is the warrant, I don’t find a patent for this 100 acres. It would appear he didn’t follow through on this, and decided then to transfer his wife’s transportation to the 400 acre “Atwicks Purchase.” No mention of land claimed for his wife’s daughter Elizabeth Wood, and servant Ann Woodnot. There is the mention of 50 acres being assinged to Thomas Bushnell, possibly he assigned the rights of the other 150 acres, also.

Vol. 53, p. 342

Charles County Court Proceedings

At A Court held in Charleses County the 17th of March Ao Doni 1662 Mr Henry Addames          Presentes Mr Francis Pope Mr Walter Beane Commissioners Mr William Marshall

  Caecilius Absolut Lord and Proprietary of the Prouinces of Mari land and Aualon Lord barron of Baltemor &c to all Persons to whom thees Presants shall cum greeting in owr Lord God Euerlasting know yee that wee for and in Consideration that William Smoot of owr Prouince hath dew unto him too hundered acres of Land Assigned him from John Lewger Junior as appears upon Record and upon such Conditions and tearmes as are exprest in owr Condition of Plantation of owr sayd Prouince of Mariland under owr greater seal at Armes baring daet at London the second day of July in the year of owr Lord God one thowsand six hundered and forty nine and Re maining upon record in owr sayd Prouince doe hearby grant unto the sayd William Smoote all that tract or parcell of land lung on the west sid of wicocomeco Riuer begining at a marked oake standing at a littel Creeke near the land formarly layd out for francis Pope run ing north and by East from the sayd Oake for the lenght of one hundered and sixty Pearches to a marked oake standing at the hie grounds bounding on the north with a line drawne East and by south for the lenght of too hundered Perches to a marked oake on the East wth a line drawn South and by west from the end of the formar line untill it intercect a parrarell line drawne from the first marked oake on the south with the sayd Parrarell on the west with the forsayd north and by East line Contayning and now layd out for too hun dered Acres more or lesse together with all profits Rights and Bene fits thearunto belonging Royall mines excepted to haue and to hould the same unto him the sayd William Smoot his heirs and Assignes for euer to bee houlden of us and owr heirs as of owr mannor of St Maries in free and Common Sockage by fealty only for all saruices yealding and paying thearfor yearly unto us and owr heirs at owr Receipt at St Maries at the too most usuall feasts in the year videli cet at the feast of the annuntiation of the blessed Virgin Mary and at the feast of St Michell the Archangell by euen and equall portion the Rent of four Shillings Starling in siluer or gold or the full valew thearof in such Commodities as we and owr heirs or such officer or officers appoynted by us or owr heirs from time to time to Collect and

Page 343

Charles County Court Proceedings, 1662-1666. 343 neceaue the sam shall accept in discharg thearof at the Choice of us Liber B and own heirs or such officer or officers as aforsayd giuen at St Maries under owr great seall of owr sayd Prouince of Mariland the six and twentith day of May in the twentith six year of own dominion of owr sayd Prouince of Mariland Ao Doni 1658 witnes own trusty and well [p. 98] beloued Josias fendall Escp own liuetennant of own sayd Prouince Josias Fendall

Endossed on the backe of the sayd Patten as followeth Be it knowne unto all men that I william Smoot doe assigne and make ouer all my right and title of this patten to Richard Smoot his heirs Administrators or Assignes as witnes my hand this 28th of may
Ao 1658    William W Smoot
Test Edmond James    his marke
   and william Barton and acknowledged by the sayd Smoote and his wife hear in open Court

Bee it knowne unto all men by thees Presants that I Richard Smoote doe resigne and make ouer all my right and title of this patten unto Gils Tomkins his heirs Administrators or assignes as witnes my hand this 22th of Nouemben Ao Doni 1659
Witnes William Barton junior Richard Smoot
John Gooldsmith his marke

Bee it knowne unto all men by thees Presants that I Gils Tomkins doe assigne and make ouer from mee my heirs unto John Morris his heirs or Assignes all my right and titell of this Pattent for euer as witnes my hand this 17th of March Ao Doni 166o Test Georg Newman   Giles A Tomkins    Walter Hall    his marke And acknowledged to the sayd Morris now in open Court:

Caecilius Absolute Lord and Proprietarie of the Prouinces of [p. 99] Mariland and Aualon Lord Baron of Baltemor &c to all Person to whom thees presants shall Come greeting know yee that wee for and in Consideration that william Smoot of Owr Prouince of Mariland Planter hath four hundered Acres of land dew to him in own sayd Prouince for transporting Elisabet Ann and aels smoot his Daughter and Elisabeth wood his wifes daughter into owr sayd Prouince befor the one thowsand six hundened and fifty one thear to inhabit and dwell and upon such Conditions and tearmes as are expressed in own Condition of Plantation of own sayd Prouince under own greater seale at Armes baring daet at London the second day of July in the yeare of own Lord one thowsand six hundered and forty nine Re maining upon Record in owr sayd Prouince doe hearby grant unto the sayd William Smoö all that Parcell of land Lung on the west

Page 344

344    Charles County Court Proceedings, 1662-1666.

Liber B    side of Wicokomeco Riuer begining at a marked Oake the bound tree of John hatches land and bounding on the East with a line drawne north an by west from the sayd oake for the lenght of too hundered Pearches to an oake standing neane the land of John Courts on the north with a line drawne west and bee south from the end of the fonmar line for the lenght of three hundered and twenty perches to a marked red Oake standing upon the head of a branch Called Smots Branche till it intercects a parrarell line drawne from the sayd hatches Oake on the south with the sayd Parranell Containing and now Layd out for four hundened Acres more or lesse together with
p. 100]   all profits rights and benefits thearunto belonging Royall mines Ex cepted to haue and to hould the same unto him the sayd william Smoote his heirs and assignes foreuer to bee holden of us and own heirs as of own mannon of West St Manys in free and Common sockage by fealty only for all saruices yealding and paying thearfon yearly unto us and owr heirs at own usuall Receipt at St Maries at the feast of the Natiuitie of own Lord the rest of eight Shillings in mony starling or the full valew thearof in such Commodities as wee and owr heirs or such officer or officers appoynted by us and own heirs from time to time to Collect and neceaue the same shall accept in discharge thearof at the Choyce of us and own heirs or such officer on officers as aforsayd giuen at St Maries under the Great scale of own sayd Pnouince of Mariland the 26th day of January in the 21th year of own dominion of own sayd Pnouince Ao Doni 1652 witnes own liuetentnant of own sayd Prouince of Maniland
William Stone Endosed on the bake of the aforspecificed Fatten as followet and acknowledged in open Court by the say SMOOTE and his wife Grace Thees Presants witneseth that I william SMOOTE doe assigne set and make ouer all my right of this within specified Fatten unto humphery Attwicks and Richard SMOOT as witnes this my hand this twentith eight of May Ao 1656   marke of
test Christopher Russell William ws SMOOTE

Know all men by thees Presants that I Richard SMOOTE doe assigne my whole wright and titell of this Fatten unto Thomas Michell or his Assignes as witnes my hand this 8th day of January Ao 1656 test humphery 6 Atwicks    Richard SMOOTE
   Tho: Lomax   marke
Know all men by thees Presants that I Thomas Michell of the Prouince of Mariland doe hearby make ouer from mee my heirs or Assignes all my Right titell and interest of this within mentioned pat ten unto humphery Attwicks of the sayd Pnouince his heirs or As signes witnes my hand this 3d of may Ao 1659 Thomas Michell
testes    henry more
Tho Lomax

Page 345

Charles County Court Proceedings, 1662-1666.    345

and this Count acknowledged by the Joane Michell the relict of the Liber B sd Michell

Humphery Atwicks and his wif Elisabeth acknowledgeth thear as- [p. 101]
sigment of this Pattent from them and thear heirs unto Thomas Percie his heirs and assignes for euer March the 17th Ao 1662 in open Court ut testimonium facit
Georgius Thompsonus Amanuensis

Know all men by thes Presants that I Thomas Percy doe assigne all my Right title and interest of the within specief Pattent unto Thomas Canuell his heirs and Assignes for euen as witnes this my hand this this 17th of March Ao 1662 Thomas TP Pensey
Witnes Samuell Cressey

& Thomas Caruell doath assigne all his right titell and interest of this Pattent from him his heirs on assignes for euer unto Mr John Legat his heirs on Assignes for euer in open Court witnes George Thompson Clarke

27 Jun 1647 Maryland Provincial Court and Testamentary Business, 1647. Liber A. June 27th Memorandm tht I Willm SMOOTE doe acknowledge my selfe to owe vnto Cuth: ffenwick Gent 210 l Tob: assigned unto him by Robt CLARKE Surueyor being the charges of his suruey dew from mee W S
Teste me Willm BRETTON Clk. (Archives of Maryland, Vol. IV, page 318

3 Nov 1647. Maryland Provincial Court and Testamentary Business, 1647. Liber A. Nouemb: 3 Whereas Capt: John PRICE hath vndertaken in my behalfe to pay certaine vnto seuemall psons wthin this prouince: ffor his better security: I doe hereby sell, assigne and set ouer vnto the sd John PRICE, my Pinnace I bought of Leonard CALUERT Esqr wth all the rigging, sales, Anchoridge, or what-so-euer belongs vnto hem: I will and doe hereby avouch the sale against all men wittness my hand the day and yeare aboue written    Signe
Concordat cum origini Willia W S SMOOT
Wittness Robt CLARKE
John METCALFE Teste me Robt CLARK Clke

15th Jan., 1652; 14th Feb., 1652. Nuncupative will of William STEPHENSON. Humphrey ATWICKS, ex. and sole legatee. Test: William SMOOTE. (1. 41. Maryland Calendar of Wills: Volume 1) [County not stated]

4 Sep 1660. Charles County, Maryland Court.
Thomas MITCHELL senior hauinge giuen unto Ellizabeth ATWICKES Junior One Kow Calf e Dessires her Marke to be Recorded, beinge Ouerkeeled on the Right Ear and A hole in the left Ear
Grace SMOOTE haith giuen Grace ATWICKES A Younge Kow And Dessires her marke to be Recorded, beinge Ouerkeeled on both Eares (Archives of Maryland, Vol. 53, page 92)

29 May 1662 - (blank). Will of William BATTIN of St. Mary’s County. To wife Margery, exec. 1/2 of estate. To Charity ADAMS, Wm. LOVE, daughter Ledia NEWMAN, son George NEWMAN, children of sd. daughter, viz., George, William and Margaret NEWMAN, sister Jane SMUTE and William SMUTE, son of sd. sister, residue of estate personal. Overseers: Capt. Josias FENDALL, Robert. HENLEY, brother-in-law Thomas SMUTE. Test: Sam’l. CLARKE, Mary OONELL, Thos. MORE, Edmund PINSONN.

10 Jan 1664 Liber B [p. 398] At A Court held in Charleses County the 10th of January Ao 1664... “William SMOOTE Presents Ales BROUNE to haue her Age judged of who is judged to bee twenty too years old.”
(Charles County Court Proceedings, 1662-1666, Archives of Maryland, p. 542

14 Nov 1665 Charles County Court, Liber B. Thomas SMOOT acknowledged this Ensuing float to his father William SMOOTE (Viz)
Bee it knowne to all whom it may Concerne that I Thomas SMOTE doe deliuer upe the Child william hungar ford [HUNGERFORD] and his whole Estaet to my father SMOOTE during his lif time and after his Deceas the Child and his Estate shall fall to mee in acknowledgment I set my hand this 14th of Nouember 1665 Thomas (T S his marke) SMOOTE Witnes by us John HATCH Wm BARTON Juor

(Charles County Court Proceedings, 1662-1666, Archives of Maryland, Vol. 53,
Pages 598-9

1666-1668 Charles County Court Proceedings, Liber C: pp.252-3.
Will. BARTON: William BARTON the Sonne of Nathaniell BARTON was Borne on the Nineteenth Day of Februarie in the yeare of our Lord one thousand Sixe hundred and Sixtie Seaven.

Will. BARTONS Child: William BARTON Junr had a Child borne on the twentie fifth of March in the yeare of our Lord one Thousand sixe hundred & sixtie Seaven.

Grace SMOOTE: Grace the wife of William SMOOTE Died on the fourteenth Day of Januarie in the yeare of our Lord one thousand Sixe hundred and Sixtie five

Eliza. SMOOTE: Elizabeth Daughter of Richard SMOOTE was Borne on the 15th of December 1666.
(Archives of Maryland, Vol. 60, page 116)

23rd Apr., 1676; 31st Oct., 1676. Will of Richard SMOOTE of Charles Co, MD. To eld. son Richard, and hrs., home plantation at 21 yrs. of age. To 2nd son Edward, and hrs., 100 A., “Smoote’s Purchase” at 21 yrs. of age. To 5 child., viz., Richard, Edward, Eliza:, William, and Ellinor, residue of estate, equally. Overseers: Brothers Wm. BARTON and Robt. ROWLAND. Test: Henry HENLEY, Wm. BROWNE. (5. 157. Calendar of Wills: Volume 1)

Jan 1676/7. At the court held in Charles County Elizabeth SMOOT ”by the consent of Captain William BARTON one of the overseers of the estate of Richard SMOOT late of Charles County deceased” was placed under the guardianship of Elizabeth wife of Henry BONNER “till she arrives at the age of 16 years or marriage and said Elizabeth BONNER to learn the orphan to read and write and not to work without the house... Edward SMOOT chose Thomas TAYLOR to be his guardian, and Richard SMOOT chose Walter DAVIS. (Newman, page 8)

20 Jan 1677 Walter DAVIS of Charles County, the greatest creditor of Richard SMOOT, appeared in court and declared that the overseers ”would not to further intermeddle with goods”. Furthermore, he stated that Richard SMOOT, the eldest son, was then of age sufficient to select his own guardian and that he had chosen him. The judge ordered that the goods and chattels of Richard SMOOT be transferred to Walter DAVIS. (Newman, page 8)

20 Jan 1677. Letter from Walter DAVIS from Philip CALVERT: “I understand that William BARTON Jr. hath intermeddled with goods of Richard SMOOT and not fit to administer. He brought an inventory which I ordered to be recorded ... The orphans are under your care now and I desire you to look after them”. (Newman, page 8)

15 May 1577. Inventory of the personal estate of Richard SMOOT Sr. was appraised by John CAGE and George CREDUCLE on May 15, 1677, with William BARTON Jr., as the executor. (Newman, page 8)

18 Jul 1677 Captain Humphrey WARREN in court exhibited the bond of Walter DAVIS, the administrator of Richard SMOOT Sr., deceased, with John HATER and Robert INGLESBY as the sureties. (Newman, page 8)

24 Oct 1679 Maryland Probate Records. 6.504. #28433. Accounting of the estate of Richard SMOOTHE, decd. Payments to: [not yet extracted]. Distribution to: orphans (unnamed). Administratrix: Mary DAVIS.

17 May 1683 Indenture. William SMOOTE (planter) to Thomas SMOOTE, his brother, parcel formerly granted John GOLDSMITH of St. Mary’s Co., lately dec’d, lying on the W. side of Wicomico R., cont 150 acres. (Early Charles County Maryland Settlers 1658-1745 GEN 975.247 BATES)

5 Aug 1684 William SMOOTE (planter) and Anne his wife conveyed part of tract called Wicomico Fields, 105 acres, on west side of Wicomico River, and on 7 Aug 1686, part of tract called The Hills, formerly occupied by Richard SMOOT, dec’d., cont 50 acres; and a parcel called Wicomico Fields, cont 100 acres, witnessed by Edward SMOOT, Richard SMOOT, Thomas SMOOT, and Thomas WARREN. (Early Charles County Maryland Settlers 1658-1745 GEN 975.247 BATES)

9 Jul 1686. Maryland Probate Records. 9:52. L103.75 Accounting of estate of George NEWMAN, decd. Charles County. Payments to William NEWMAN, Edward SMOOTE, John MONOUGH (in right of his wife (her thirds), William TAYLARD. Legatees: accountant. Administrator: Charles NEWMAN.

03 Apr 1688 Arthur CARR account. Received from Edward SMOOT, who married widow NEWMAN, James HEATH. Legatees: Arthur MACKMILLION paid to Joseph BULLOT, William NEWMAN, Lydia NEWMAN, John NEWMAN, Geroge NEWMAN, John SMITH. Ex.: Rebecca YATES wife of Robert YATES (executor of James TYRE) (acct: 9: 4747 ----; 03 Apr 1688) (EARLY CHARLES COUNTY MARYLAND SETTLERS 1658-1745, Marlene Strawser Bates & F. Edward Wright 1995, published by Family Line Publications, Westminster, MD: pg. 48)

5 Apr 1689 William SMOOT to Edward SMOOT, a portion of “Wicomico Fields,” lying on the west side of the Wicomico River (Newman, p. 9).

14th Aug., 1689; 25th Feb., 1694. Will of Humphery WARREN of Charles Co, MD. To wife Margery during life, “Hatton’s Point,” 500 A. To son Notley and hrs., sd. land at death of wife afsd. Sd. land to pass to surviving child. and their hrs. in natural succession. In event of testator’s brother (unnamed) coming into the Province and wife Margery is forced to renounce 250 A., she is to have 190 A., part of “The Hills.” To son Benjamin and hrs., 190 A., part of “The Hills” on w. side Wicocomico R., and 280 A., “Warren’s Discovery.” To son Charles, 50 A., residue of “The Hills,” and 100 A., “Smoote’s Purchase,” purchased of Edw. SMOOTE, and 100 A., part of “Wicomico’s Fields,” part of tract purchased of Wm. SMOOTE. To son John, 400 A. on w. side of Wicocomico R., formerly belonging to Jno. GOOCH. To unborn child, 2 tracts, 170 A., “The Town House.” In event of death of any of sons afsd., viz., Benjamin, Charles, John, and unborn child afsd. without issue, deceased’s portion to pass to eld. son Notley and his hrs., and in netural succession to other child. of testator. Child. to be of age at 21 yrs. To son Notley, personalty in lieu of that bequeathed him by Hon. Thomas NOTLEY. To child. afsd., all personalty. By note dated Jan. 21st, 1694, testator bequeaths to son Humphery 2 tracts of land bequeathed in his will to supposed unborn child, and appoints son Notley joint ex. with wife Margery afsd. Test: Thos. BUFORT, Jno. WILDER, Jno. GOOCH, Eliza: DUTTON. (7. 65. Calendar of Wills: Volume 2 page 88)

25th Jan., 1693; 7th Feb., 1693. Will of John LAMBERT of Charles Co., MD. To Eliza:, dau. of John GOURLY, Prudence, dau. of Nicholas COOPER, and to James SMOOT, personalty. Thomas WITCHELL of Portobacco and William DENT of Nanjcmy, joint exs. and residuary legatces of estate, real and personal. Test: Wm. HALL, Ann HIDE. 2. 246. (Calendar of Wills: Volume 2)

23rd Jan., 1699; 20th Feb., 1699. Will of Hugh TEARES of Nanjemy, Chas. Co., MD. To wife Ellinor, extx., and dau. Eliza:, entire estate, real and personal. In event of death of either survivor to inherit deceased’s portion. Should both die estate to pass as follows:- To Ann BAYNE, Jr., and Ebsworth BAYNE and their hrs., 300 A. To Henry and Ruth HAWKINS, 300 A. To Ellinor and Eliza: STONE, 300 A. To Charles and Edward PHILPOT, Jr., 100 A. Certain personalty which belonged to dec’d wife is also bequeathed to dau. Eliza: afsd. Overseers: Capt. Jno. BAYNE, Maj. Jas. SMALLWOOD, Jno. HAWKINS. Test: Thos. SMOOT, Wm. DEARE, Nath’l BOSSWELL, Eliza: DUTTON. By codicil atached to afsd. will, testator provides in event of death of all forementioned devisees the estate gradually to pass as Glebe Land to the churehes at Newport and Portobacco in King and Queens’ Parish. 11. 189. Calendar of Wills: Volume 2

23rd Jan., 1702; 17th Apr., 1703. Will of William HAWTON of Charles. Co., MD. Testator provides that brother-in-law William HATCH shall be provided for according to contract and that Sarah WORRELL, dau. of sd. brother-in-law shall be paid certain amount according to sd. contract. To Richard SMOOT, certain personalty, provided his mother confirms his indentures to testator’s extx. To John NEWTON, godson William OARD and goddau. Mary WILDER, personalty. To wife Lydia, extx., ½ of estate, real and personal, during life. To son William, residue of estate, and entire estate at decease of wife afsd. Estate to pass in turn to his child., viz., John, William and Thomas. Test: Dorothy NEALE, Jno. NOBLE, Thos. BALL. (11. 377. Calendar of Wills: Volume 3)

12th June, 1702; 12th Jan., 1702. Will of Henry HAWKINS of Charles Co, MD. To son Alexander, 200 A. of land belonging to plantation at Piscataway. To son Tubman, daus. Eliza: and Ellinor, personalty. Wife Sarah, extx. and residuary legatee of estate, real and personal, including 130 A., “Swney,” in Prince George’s Co., which testator orders sold for benefit of estate. Test: Wm. BARTON, Thos. SMOOTE, Jas. COX, Jno. NEAL. (11. 371 Calendar of Wills: Volume 3)

19th Apr., 1703; 6th Nov., 1705. Will of William BARTON, of Prince George’s Co, MD. To wife Sarah, extx., dwelling plantation -- and part of “The Exchange” adjoining sd. plantation, also use of “Perrywood” during minority of dau. Katharine, and testator’s part of “The Exchange.” To dau. Katharine, land as afsd., at majority. To dau. Sarah and hrs., lands in possession of father, Wm. BARTON, adjoining Zachiah Swamp, also 100 A., “The Addition,” also 300 A. on n. side Swanson’s, alias Fradsham’s Creeke, formerly part of Hugh STANLEY’S land. To Thomas GANT and hrs., 100 A., part of “Barton’s Hope.” To dau. Sarah afsd., residue of “Barton’s Hope.” To son-in-law Bazill WARING, 300 A., part of “Hadlow” in Chas. Co.; to revert to wife Sarah should he die during minority or without issue. To son-in-law Marsham WARING, to cousin Elizabeth SMOOTE, and to John WARREN, personalty. To wife Sarah and child. afsd., residue of personal estate. Child. to be brought up in Church of England. By codicil dated 19th April, 1703, testator devises to John Nathan SMOOTE and his brother William, 400 A., “Barton’s Hazard” on n. side Zachiah Swamp, provided they make over to their brothers Thomas and Charles SMOOTE, 400 A., -- bequeathed them by their father Thomas SMOOTE; otherwise sd. “Barton’s Hazard” to go to daus. Katharine and Sarah afsd. Also devises certain personalty to sister Margaret HUNGERFORD. Trustees, in event of death of wife during minority of child., Thos. BROOKE, Thos. GREENFIELD, John WIGHT, Col. Walter SMITH, Samuel QUEEN and Thos. SMOOTE. Test: Thos. GREENFIELD, Benjamin BERRY, Jno. WARREN. (3. 643. Calendar of Wills: Volume 3, p. 62)
William BARTON, son of William BARTON and Ann SMOOT, widow of William HUNGERFORD.
6th Jan., 1704; 30th Jan., 1704-5. Will of Thomas SMOOTE of Charles Co, MD. To sons Thomas and Charles jointly and hrs., 150 A., “Cabbin,” 32 A., “Gwinn’s Choice,” 21 A., “Bargain,” all on w. side Wiccomoco R. In event of death of both sons afsd. without issue, sd. land to pass to sons William and John Nathan and hrs., successively. To sons William and John Nathan and hrs., 200 A. (unnamed) at majority. To daus. Elizabeth, Rachell, Ann and Mary, personalty. To eld. son Barton, personalty, and to be joint ex. together with brother-in-law Lt. Col. Wm. BARTON. Should Col. BARTON die during minority of sd. son Barton, Thomas TANEY, Richard HARRISON, Robert YATES and Wm. HERBERT to assist in administration of estate. Test: Thos. WHICHHALEY, Thos. CARELESS, Samuell DURHAM, Jos. DEWELL. (3. 486. Calendar of Wills: Volume 3 page 57)

22nd Jan., 1704; 14th Mch., 1704-5. Will of William HUNGERFORD of Charles Co, MD. To 4 sons, viz., William, Thomas, John and Charles, jointly, 2 tracts, 150 A., “Johnson Choice” and 250 A., “Smoot’s Choice.” Should any son die without issue, his portion of estate to pass successively to daus. Ann, Elizabeth and Mary and their hrs. To son Barton and hrs., 28 A., “Hungerford’s Choyce.” To daus. Ann, Eliza: and Mary afsd., personalty. Extx: Wife Margaret; she dying during minority of child., son Barton to assume executorship and care for his brothers and sisters. Test: Sam’ll DURHAM, John RYON, Joseph DEWELL. (3. 650. Calendar of Wills: Volume 3)

5th Mch., 1705; 18th July, 1705. Will of Samuel LUCKETT of Charles Co, MD. To wife --, 150 A., “Smootes Chance,” at Port Tobacco. To eld. son Samuel, 200 A., “Hussey’s Discovery,” also 150 A. adjacent to the land formerly knowne to be Capt. Josias FENDALL’S and now adjoining the widow Eliza: HAWKINS. To son Thomas, 500 A. in Virginia, near Quanticott. To son Ignatius, 100 A., “Thompson’s Square.” To young. son Thomas Hussey LUCKETT, personalty. In event of death of any son or sons afsd. during minority or without issue, survivor or survivors to inherit deceased’s portion. Residue of estate to wife and child. afsd., including money due in England. Exs.: Wife and son Samuel. Test: Philip BRISCOE, Sr., Jos. VENOM, Michaell WATERER. (3. 649 Calendar of Wills: Volume 3)

22 Nov 1706 Maryland Probate Records. 26.125. Charles County. L209.16. L181.18.10. List of debts [incredibly long list, partial extraction]: ... John DODSON... Mary MICHELL [MITCHELL?]... John SANDERS... John LAMBERT... Richard COMBS, Thomas AUSTIN, widow CORNISH... Henry WHARTON... Edward ROOKWOOD, Randolph BRANDT... Payments to: [ditto] Margaret HUNGERFORD... George NEWMAN (2)... Marmaduke SIMS... Joseph ALVEY... William NEWMAN... Joseph MANNING... Mrs. Lydie HAWTON, Giles TOMPKINS, John LOFFTON, All Faith Parish... Edmond HOWARD for John WATHEN... Anthony SIMS, Martin COMBALL... Mentions: widow (unnamed) dead. Executor: Barton SMOOT

15 Jul 1707 - 16 Aug 1707. Estate of Edward SMOOT. Letters of administration were issued on July 15, 1707, to Gerard O’CANE who had married the widow. His personal estate was appraised on August 16, 1707, by William MADDOX and Richard MORRIS. John LOFTUS was surety for the administrator. (Newman, p. 10)

19 Jun 1708 Maryland Probate Records. 28.128. Accounting of estate of Edward SMOOTH decd. Charles County. L28.8.8. L7.2.2. Payments to Richard WALKER, Thomas REIVES. Administrator: Garrard OCAINE.

10th Apr., 1709; 18th Apr., 1709. Will of John WILLIAMS, planter of Charles. Co., MD. To wife Sarah, 100 A., part of tract --, to pass at her decease to son John and hrs. To eld. son William and hrs., residue, 150 A. of tract afsd. Wife extx. and residuary legatee, she to make gifts of personalty to following persons besides those already named, i. e., daus. Eliza: MACKAY and Mary and Anne WILLIAMS, at 14 yrs. of age, and to god-son John SMOOT at majority. Test: Archibald BISHOP, Moses FITZ HERRALD, Alex. NELSON. (Part 2-12. 58. Calendar of Wills: Volume 3)

25 Apr 1709 Maryland Probate Records. 29.225 Charles County. #56130. Accounting of estate of Thomas SMOOTH, decd. A second inventory #7899. Total equivalent to #51865. Payments to: [partial extraction]. John ROGERS, William MUSGROVE, Ralph SHAW, Elizabeth HAWKINS, Charles MUSGROVE, Claborn LOMAX, Mr. GRESHAM, Saml. HANSON, Mr. Edmund HOWARD, Mr. William CHEW, John STANBURY, Charles JONES, John BRADSHAW, Mrs. Elizabeth BONNER per Rev. Jonathan WHITE, Capt. Thomas DENT executor of William DENT, Vestry of Port Tobacco. Administrator: Barton SMOOTH.

3rd Dec., 1709; 5th Jan., 1713. Will of Edmund HOWARD, gent., Charles. Co., MD. To eld. son Wm. Stevens (HOWARD) and hrs., 100 A., --, where he now lives. To 2nd son Thomas and hrs., dwelling plantation --, and addition thereto, tract to contain 150 A. To 3rd son John and hrs., 100 A. layed out by Joseph MANNING, surveyor. To only dau. Eliza: and hrs., that part of “Saturday Work” belonging to testator, at 16 yrs. or marriage, and negro as per recorded deed of gift in Chas. Co. To young. son George at 21 yrs. and hrs., residue of lands not already devised and land devised dau. Eliza:, should she die without issue. To little granddau. Margaret HOWARD, personalty, including mourning ring in memory of late deceased brother, Geo. DENT, and ring in memory of her grandmother, deceased, marked M. H. To brother Rich’d EYTON, merchant in London, and only sister, Mrs. Hester TYNDALE, wife of Athelstand TYNDALE, upholsterer in Bristol, personalty. To 4 sons and dau. afsd., residue of estate. No lands to pass out of name while there is a male survivor. Exs.: 2 eld. sons. Test: Geo. DENTT, Rachell SMOOT, Mary POSEY, Jane THOMPSON, Anne DODD. (13. 632.) By codicil --, 1712-In event of birth of certain negress, she is devised to Edmund HOWARD at 21 yrs., son of eld. son Wm. Stevens HOWARD, and Eliza:, his wife; and provisionally, certain personalty to his sister Margarett afsd., dau. of same. Test: Jno. FENDALL, Jane COE, Rich’d COE. (Calendar of Wills: Volume 4, page 3)

11 Mar 1712 Charles Co, MD. Barton SMOOT (planter) and Sarah his wife. Indenture to Henry HAWKINS Jr. son of Sarah for love and affection; parcel called Smith’s Venture (Early Charles County Maryland Settlers 1658-1745 GEN 975.247 BATES)

8 Mar 1713. Charles Co, MD. Gerrard OCAINE Inv. mentions Eleanor SMOOT, daughter of Edward SMOOT 13 Mar 1720. Garrat OCAINE Acct. 13 Mar 1720/1 mentions Robert YATES. (EARLY CHARLES COUNTY MARYLAND SETTLERS 1658-1745, Marlene Strawser Bates & F. Edward Wright 1995, published by Family Line Publications, Westminster, MD: pg. 210)

12th Aug., 1713; 13th Feb., 1713. Will of Jno. WARREN of Charles. Co., MD. To dau. Mary and hrs., “Rich Thicketts,” with tract 50 A., --, adjacent, also “The Hills,” “Warren’s Discovery” and personalty. To dau. Anne, tract, --, formerly belonging to John GOOCH, “The Tanyard,” “Smoot’s Purchase,” now in tenure of Edward LLOYD, and personalty. Should either dau. afsd. die during minority, sd. lands to pass to survivor. To wife Judith, extx., and hrs., dwelling plantation and land “Hatton’s Point,” she being reversionary legatee in event of daus. afsd. dying during minority. Test: Jno. MADDOX, Alex. CONTEE, Thos. LEWIS. (13. 627. Calendar of Wills: Volume 4)

5th Sept., 1717; 22nd Sept., 1717. Will of William BARTON, gent., of Charles Co, MD. To grandsons Barton SMOOT, Barton WARREN and William SMOOT, granddaus. Rachell (wife of Mathew STONE), Ann SMOOT, Mary HUNGERFORD, Eliza: (wife of Charles PHILPOTT), Eliza (wife of John NEALE), personalty. To 3 youngest child. of dau. Margaret MILLER, half residue of estate, and to Thomas and Barton (sons of grandson Barton SMOOT), the other half. Exs.: Dau. Margaret MILLER and grandson Barton SMOOT, jointly. Test: Wm. HOWARD, John JONES, Jno. WILLARD. (14. 658. Calendar of Wills: Volume 4)

26th Dec., 1717; 23rd Jan., 1717. Will of John HAWTON, blacksmith of Charles Co. To 2 bros., Joseph and Benja., and their hrs., land devised testator by grandfather --. To grandmother Mrs. Lydia YATES, bro. Joseph afsd., Judith O’CAIME and Mrs. Sarah MADDOX, personalty. To John MADDOX, ex., a servt. boy Richard SMOOT, with what estate of the SMOOTS now in testator’s hands, until sd. boy comes of age. To 4 bros., --, residue of estate. Test: Sam. HANSON, Jno. OWENS, Richd. SMOOT. 14. 498.

1719. Maryland Probate Records. Estate of Thomas SMOOTE deceased. Appraisers: Joseph DOUGLAS, Thomas HAWES. Kinsmen: Barton SMOOT and Barton HUNGERFORD. Administrator: Edward GARDNER. (Newman, p. 133)

9 Nov 1726 - 18 Nov 1726. Maryland Testamentary Records. 19.12. Will of William SMOOT, planter, of Charles Co., MD. To son Thomas, personalty; to be in charge of Mark PENN, ex., until 21 yrs. of age, and to receive 2 yrs. schooling. To son William, personalty; to be in charge of John WILDER until 21 yrs. of age, and to receive 2 yrs. schooling. Sd. WILDER to receive with son William half what remains. Test: Thomas MORRIS, Elizabeth WEEDEN, Thomas HAWTON. (Maryland Calendar of Wills: Volume 6)
Newman adds that Mark PENN was named executor of William SMOOT’S estate, that his will was presented to the court on November 19, 1726, by Mark PENN as the executor, with Matthew DUTTON and William CAGE as his sureties; and that the inventory of his personal estate was taken on March 15, 1726/27, and appraised at L30.13.7 by William HAWTON and Robert YATES, with William BARTON and Thomas SMOOT signing as next of kin and Thomas SMOOT as greatest creditor.
4 Dec 1728 - 15 Dec 1728 Maryland Probate Records. 13.352. L126.4.5. Estate of John SMOOT deceased. Charles County. Appraisers: George DENT, John COURTS. Creditors: Mark PENN, Elizabeth HANNAY. Next of kin: Lidia SMOOT, James SMOOT. Administrator/Executor: John GROVES (his wife, who is joined with him in the administration, is “not capable of riding at this time”)
Newman, places this inventory in April, not December, and with James SMITH [sic] and Lydia SMOOT as kinsmen, and Mark PENN and Alexander HANNA as creditors. He also includes the name (Posthuma) of John GROVES’ wife and identifies here as “Posthuma GROES, relict and administratrix,” and that Mark PENN and William HAWTON were bondsmen.
29 --- 1729 Maryland Probate Records. 15.396. Charles County. Inventory. Estate of John LOFFTON [LOFTIN] deceased. Appraisers: Ed. ANDERSON, Mark PENN. Mentions: John LANCASTER, John HARRIS. Mentions: Parsiler NEWMAN, Oriah SMOOT. Administrators: Francis BROWN and his wife Ruth BROWN.

7 Jan 1729 Survey for Thomas SMOOT, 100 acre tract, “Monday’s Disappointment.” (Newman who adds that this was later conveyed to William SMOOT, and that this same year, Thomas SMOOT also patented the 121 acre tract, “Smoot’s Hazard.”)

29 May 1731 Maryland Probate Records. 11.97. Accounting. Charles County. Estate of John LOFTEN deceased. L16.16.6 Payments to: (included) John HARRIS, Oriah SMOOT, John LANCASTER, executrix of estate of Henry CALVERT, Esq., Samuel HANSON. Distribution to accountants, two sisters (unnamed). Administrators: Francis BROWN and his wife Ruth BROWN.

16th Apr., 1735; 20th May, 1735. Will of Sarah HOWARD of Charles Co., MD. To sons Henry TRUMAN, James TRUMAN and William HOWARD, daus. Elizabeth and Sarah and grandson Henry SMOOT, personalty, including silver marked T. T. Residue of estate to be divided between three child. William, Elizabeth and Sarah HOWARD. Should either die during minority survivors to divide portion of deceased. Whereas husband William Stevens HOWARD, deceased, disposed of two horses belonging to his son Edmund certain personalty is bequesthed sd. Edmund to compensate him for any loss sustained. Sons Henry and James TRUMAN are cautioned to behave toward sd. Edmund with tenderness. Test: George DENT, Anne SMOOT. (21. 344. Maryland Calendar of Wills: Volume 7)

5th Feb., 1739-40; 24th July, 1740. Will of Susanna BRISCOE of Charles Co, MD. To bro. Samuel SWANN, personalty. To dau. Elizabeth, personalty. To child. of son John, dec’d. viz.: Samuel WILLIAMSON (BRISCOE), Philip, James, Hezikiah, John and Martha WILLSON, personalty. To dau. Ann Wood and to her dau. Mary, personalty. To granddau. Elizabeth GARNER, personalty. To grandson William HOWARD, personalty and all remaining child. -- of dau. Sarah HOWARD, 1s. each. To granddau. Sarah PARKER, personalty. To granddau. Susanna WHITELY, personalty and all remaining child. -- of dau. Susanna COMTON, 1s. each. To grandsons Briscoe DAVIS and George DAVIS, personalty. To grandson Robert, son of son Edward, dec’d. and to all other child. -- of sd. son, 1s. each. To grandson Leonard, 1s. To child. -- of dau. Judith BROOK, dec’d., granddau. Rebecca BRISCOE and grandsons Williamson (BRISCOE) and Henry SMOOT, 1s. each. To sons Philip and James, exs., residue of estate. Test: John BRISCOE, Jr., John BRISCOE, minor, Philip BRISCOE, minor. (22. 212). (Maryland Calendar of Wills: Volume 8 page 93) SW: COMPTON

22 Sep 1744 - 16 Jan 1744. Maryland Probate Records. 23: 662-664. Will of Barton SMOOT of Charles County, gentleman. To wife Ann my divided plantation and 200 acres at Port Tobacco, “Skipten,” 100 acres near Charles FISHER’S “Fishpond.” To son Barton, 200 acres, “Brant’s (?) Cliffs,” also “Mt. Clipsham,” containing 68 acres; also 100 acres Marsh land - at his death to testator’s grandson, Henry SMOOT; then to Geo. SMOOT. To son, Isaac, “Smoot’s Delight,” 88 acres; “Smoot’s Swamp,” 50 acres; “Smoot’s Swamp Addition,” 55 acres; “Lomax Addition,” 58 acres. To son, William, “Barton’s Hope,” 100 acres; part of “Daniel’s Mount,” 25 acres; “Monday’s Disappointment,” 100 acres. To son Thomas [blank]. To wife Ann, 1/3 of my personal estate. Residue of Estate to be divided among my four sons and daughter: Thomas, Barton, Isaac, William; and Elizabeth GUYTHER. Test: Philip DORNEY; Tobias COOHAGEN; Margaret COOHAGEN. (Maryland Calendar of Wills, Vol. 9, p. 8)

12 May 1754. Maryland Prerogative Court. 36.91. L249.1.9. L44.0.3. Charles County. Accounting of estate of William SMOTT. Sureties: Henry MARTIN, John MACPHERSON. Payments to... [not yet extracted]. Representatives: widow (unnamed), 3 children: Thomas SMOOT (aged 12); Ellionor SMOOT (aged 14), William SMOOT (aged 2). Administratrix: Ellionor SMOOT, now wife of Benjamin THOMAS. (Skinner, p. 153)

William Smoot died intestate. The inventory of his personal effects was made on March 8, 1753, with his widow as the administratrix. Thomas Smoot and Alexander Hawkins signed as the next of kin, while Gustavus Brown and John Semple signed as the greatest creditors.





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