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Montgomery County, Maryland Wills
BEATTY, CHARLES of Frederick Co. L E f 124 23 Dec 1776
L 2 p 43 21 Nov 1804
Wife: Martha - lots #83 and #84 in Frederick Town, Frederick Co. (south of Market House Ground) with improvements
Children: John Meddagh Beatty, Charles Affordly Beatty, Thomas Johnson Beatty, Mary Franckfeld Beatty, Randle Hulse Cradock Beatty (some are under age 21)
Wife's brother and sisters: John Meddagh, Mary Rickey, Susannah Johnson
Testator's brothers and sisters: Thomas Beatty, James Beatty, Susanna Maynard, Sarah Maynard
Ex: Wife Martha
Wit: Frederick Henop, Philip Bier, Peter Hoffman (witnesses appeared in Balt. Co. and original will is filed and recorded there)
===
1770-1772 Frederick County MD Land Records {Patricia Abelard Andersen}
JUSTICES OF THE FREDERICK COURT & OTHER OFFICIALS
Beatty, Charles, [1736-1804]. Son of Thomas Beatty. He was mamed twice, first to
Mary Middagh and 2nd to Verlinda Offutt. Served in the Lower House of Legislature from
Frederick County, 1771. Also very involved in this volume in selling lots in the Addition to
Georgetown., where he owned and developed considerable property. His will was probated in
Baltimore County, with a copy to Washington, D.C.
===
http://openjurist.org/27/us/566/charles-beatty--v-daniel-kurtz-
27 US 566 Charles Beatty v. Daniel Kurtz
27 U.S. 566
2 Pet. 566
7 L.Ed. 521
CHARLES A. BEATTY AND JOHN T. RITCHIE, APPELLANTS
v.
DANIEL KURTZ AND OTHERS, TRUSTEES OF THE GERMAN LUTHERAN
CHURCH OF GEORGETOWN, APPELLEES.
January Term, 1829
APPEAL from the circuit court of the county of Washington.
The appellees filed their bill in the circuit court against Charles A. Beatty and John T. Ritchie, which states, in substance, that the late colonel Charles Beatty and George Frazier Hawkins, in the year 1769, laid out on lands belonging to them, and adjoining the town of Georgetown, a certain town known by the name of 'Beatty and Hawkins's addition to Georgetown;' the lots whereof were laid down and distinguished on a plot, and disposed of by lottery. That Beatty in laying out the said addition, distinguished and set apart a certain lot or portion of ground in the said addition, for the sole use and benefit of the German Lutheran church; declaring the same to be their absolute right and property, to be held by them for religious purposes, and the use of said congregation, and caused the same to be so entered and designated in the plot of said addition, as now appears by the plot and papers on record in the clerk's office for Washington, to which they beg leave to refer: which plot and papers were recorded under authority of the act of Maryland 1796, ch. 54; which lot is described in the said plot of said addition, as the German Lutheran church lot, and also in the general plot of the town of Georgetown and its additions, deposited in the office of the clerk of the corporation of Georgetown. That soon after the lots in the said addition were laid off and disposed of as aforesaid, the said lot was taken possession of by the said German Lutherans, and was enclosed, and a church erected thereon; and hath been kept and held by them ever since, during a period, as they believe, of upwards of fifty years, and hath been used by them as a burying-ground for the members of the said church, with the avowed intention of building thereon another church or place of worship, the building first erected being decayed, whenever their funds would enable them to do so. That during all this period, neither their possession nor title hath ever been questioned, and the lot has been exempted from taxation at their request, by the corporation of Georgetown, as being church property. That Charles Beatty died about sixteen years ago, and without having made any conveyance of the said lot, and that Charles A. Beatty is his heir at law. They therefore pray that he may be made defendant, and be compelled to convey the title to the complainants, in trust for the German Lutheran church.
===
http://supreme.justia.com/us/12/98/
U.S. Supreme Court
Beatty's Administrators v. Burnes' Administrators, 12 U.S. 8 Cranch 98 98 (1814)
Beatty's Administrators v. Burnes' Administrators
12 U.S. (8 Cranch) 98
Syllabus
The statute of limitations of Maryland of three years is a good bar to an action of assumpsit for money had and received brought to try a title to lands in the City of Washington under the 5th section of the Act of Maryland, Nov., 1791, ch. 45.
The statute of limitations has been emphatically declared a statute of repose, and the Court should not feel at liberty to break in upon its general construction by allowing an exemption which has not acquired the complete sanction of authority.
Page 12 U. S. 99
The case as stated by STORY, J. in delivering the opinion of the Court, was as follows:
This is an action for money had and received brought by the plaintiffs as administrators of Charles Beatty, deceased, against the defendant as administrator of David Burnes, deceased. The declaration alleges the promise to have been made in the lifetime of the respective intestates. The defendant has pleaded the general issue and the statute of limitations of Maryland.
Upon the trial in the Circuit Court for the District of Columbia, the plaintiffs sought to support their action under the 5th section of the statute of Maryland of Nov. 1791, ch. 45, concerning the Territory of Columbia and the City of Washington. That section is as follows
===
BEATTY, THOMAS, Frederick Co. Feb, 1768; 8 Apr, 1769
Wife: Mary.
Children: Thomas, James, Sarah, Charles, Susannah Maynard, wife of Nathan Maynard.
Friends: Daniel Richards and John Carmack, to act as attorney for wife.
Exs: Wife Mary, and son Chas.
Wit: Wm. and John Beatty, John Middach, 37. 225
===
1770-1772 Frederick County MD Land Records {Patricia Abelard Andersen}
234-236. Charles Beatty, Geo Fraser Hawkins recorded 20 July 1770. Indenture made 7 July between Stephen West of PGC, for £900 sterling, conveys tract conveyed by James Smith and his wife to a certain George Gordon, 30 November 1734, 100 acres in Frederick County, adjoining to Georgetown, a part of Knaves Disappointment, except such part thereofcontaining 26 11/16 acres, condemned out of it for Georgetown, and one acre sold by George [sic John] Gordon, son and heir to the said George Gordon, to a certain Samuel Bond [sic Samuel Boone], and Stephen West conveys 136 acres more or less of said tract, which was conveyed from Mathew Hopkins to George Gordon, 30 October 1745. Signed Stephen West, before David Crawford, Jos Sprigg. Receipt. Acknowledgment and Hannah wife to said Stephen West released dower rights. Witnesses justices of Prince George's County, Thos Sim Lee Clerk. Alienation fine paid. to Wm Murdock Beall.
===
1770-1772 Frederick County MD Land Records {Patricia Abelard Andersen}
239-240. Stephen West recorded 23 July 1770, made 21 July between Charles Beatty, and George
Fraser Hawkins of PGC, for £36 sterling, sells and assigns six lots in the Addition to Georgetown,
being parts of a tract called Knave's Disappointment, number 2,33,82, 148,261 and 262. Signed
Charles Beatty, G. Fraser Hawkins before Jos Wood, Thos Price. Receipt. Acknowledgment, and
Martha wife of aforesaid Beatty released dower rights. On 23 July 1770, came Susanna Trueman wife
to George Fraser Hawkins, and relinquished her right of dower before Charles Jones, Andrew Heugh
===
1773-1778 Frederick County Land Records; {Patricia Abelard Andersen}
BD2:4-6. John Beall recorded deed 9 Aug 1775 from Charles Beatty and George Fraser Hawkins. For £6, lot #184 in Addition to Georgetown, on tract called Knave's Disappointment. Martha wife of Charles Beatty and Susan Trueman wife of George Fraser Hawkins released dower rights.
===
Contributed by Shirley Middleton Moller
Frederick Co Land Records
FCLR BD 2.4
21st July 1770
From: Charles Beatty of Frederick County, MD
George Fraser Hawkins of Prince Georges County, MD
To: John Beall of Frederick County, MD
For Six Pounds Sterling; Portion of Ground in the Addition to George Town being pt of a Tract of Land called Knaves Disappointment lying in Frederick County, Number One Hundred and Eight from as will appear by the plan of the Addition to George Town; provided that the sd John Beall his heirs and assigns do pay unto the sd Charles Beatty and George Fraser Hawkins Their Heirs and Assigns Yearly and every year for ever the Annual Rent of one penny Sterling Money on the First Day of February Yearly; signed C. Beatty, G. Fraser Hawkins
Wit: Jos. Wood, Tho. Price
Acknowledged 21st July 1770 by Martha wife to the sd Beatty, acknowledged 23d of July 1770 by Susanna Truman Wife to George
Fraser Hawkins Recorded 9th Aug 1775
===
1773-1778 Frederick County Land Records; {Patricia Abelard Andersen}
BD1:384-386. Charles Beatty recorded deed 6 April 1775, from William Deakins Jr. for £10, lot in tract called Frogland, #9, 386 ft. from stone #1, in beginning of Second Addition to Georgetown, provided Charles Beatty is not to improve lot to the detriment of the navigation of the river.
===
1773-1778 Frederick County Land Records; {Patricia Abelard Andersen}
BD1:386-388. William Deakins Jr. Recorded deed 6 April 1775, from Charles Beatty for £31..5, lot #8 in Frogland, adjacent to Second Addition to Georgetown, provided that he not improve the lot to detriment of navigation of the river.
===
1773-1778 Frederick County Land Records; {Patricia Abelard Andersen}
BD1:589-593. Charles Beatty recorded deed 13 June 1775, from George Frazer Hawkins of Prince George's County. Whereas Stephen West, of Prince George's County, by deed of bargain and sale recorded in Liber N folio 234, did convey to said Beatty and Hawkins, parts of tract known as Knave's Disappointment, for 100 acres and a second part of 136 acres; for £1000 conveys all his interest on the said lot. Susanna Trueman Hawkins released dower rights.
===
Montgomery County Land Records, 1777-1781; Liber A1, Page 36. Aug 14, 1777 from Charles Beatty of Frederick County, Gent, to William Bayly Jr and Andrew Rinesell (Rinesel) of M. Whereas the afd Charles Beatty and George Fraser Hawkins, by their deed dated about Aug 17, 1771, and recorded in Liber N folio 593, one of the Land Records [Books] of Frederick County, intended to have conveyed and made over to the afd William Bayly Jr and Andw Rinesell, lot #90 in the Addition to George Town. But whereas the number, courses, and distances of lot #89, were by mistake inserted in the above mentioned deed instead of the number, courses, and distances of lot #90, and whereas the sd George Fraser Hawkins, by his deed dated about Mar 25, 1775, conveyed to the sd Charles Beatty, all his right to the rents, issues, and profits of all the lots by them, sd Charles Beatty and George Fraser Hawkins, laid off and sold, which were part of a tract of land called Knaves Disappointment, and also all his, sd George Fraser Hawkins' estate in all the lots, parts of the same tract, which were then remaining unsold. This deed therefore witnesses that the sd Charles Beatty, for rectifying the above recited error, and for 5 shillings, granted to sd Wm Bayly Jr and Andrew Rinesell, conveys all that lot in the Addition to George Town, being part of a tract of land called Knaves Disappointment, lying in M, #90, bounded by lot #89, High Street, as will appear by the plan of the Addition to George Town, which is recorded in the Frederick County Records, provided that sd Bayly and Rinesell pay to sd Charles Beatty yearly and every year, the annual rent of 1 penny sterling on each Feb 1, and provided they quit claim to the sd Charles Beatty, all the estate which they have to lot #89 in consequence of sd erroneous deed. Signed - C. Beatty. Wit - Will Deakins Jr*, Joseph Wilson*. Recorded Aug 20, 1777.
===
Montgomery County Land Records, 1777-1781; Liber A1, Page 128. Apr 9, 1778 from George Graff and Mary, his wife, of M, to Charles Beaty (Beatty) of Frederick County, Bearnard ONeill of St. Mary's County, and William Deakins Jr of M, Merchants, for 1200 £, all that tract of land and Mills and Mill Seat, in M near the mouth of Senica Cr, to wit, all that tract of land called Senica Ford alias Senica Fork, containing about 159 acres (exclusive of 1 acre conveyed to Richard Johns). To have and to hold, one undivided third part of the sd land and premises with the appurtenances to him, sd William Deakins Jr, to the intent that the sd Charles Beaty shall have one undivided third part of the sd land and premises with the appurtenances, and that the sd Bearnard ONeill shall have one undivided third part of the sd land and premises with the appurtenances, and that sd William Deakins Jr shall have one undivided third part of the sd land and premises with the appurtenances, as tenants in common and not as joint tenants. Signed - Georg Graft, Mary Graf ft. Wit - Joseph Wilson*, Gerd Briscoe*. Mary, the wife of the sd George Graft, relinquished her right of dower to the within mentioned land. Recorded Apr 13, 1778.
===
Montgomery County Land Records, 1777-1781; Liber A1, Page 169. Sep 11, 1778 from Robert Moses of M, to Susannah Fowler of Prince George's County, for 12 £, lot #265 in the Addition to George Town, being part of a tract of land called Knaves Disappointment, lying in M, as will appear by the plan of the Addition to George Town, which is recorded in Frederick County Records, provided that sd Susannah Fowler pays Charles Beatty and George Fraser Hawkins, yearly, the annual rent of 1 penny sterling on each Feb 1, starting next Feb 1. Signed - Robert (X his mark) Moses. Wit - Richard Thompson*, Wm. Baker*. Margaret, the wife of the sd Robert Moses, relinquished her right of dower to the within mentioned lot. Recorded Sep 12, 1778.
===
Montgomery County Land Records, 1777-1781; Liber A1, Page 245. Sep 28, 1778 from Charles Beatty of Frederick County, to James Wood of the same County, tailor, for 6 £sterling, lot #112 in the Addition to George Town, being part of a tract of land called Knaves Disappointment, lying in M, bounded by lot #111, Second Street, as will appear by the plan of the Addition to George Town, which is recorded in Frederick County Records, provided that sd James Wood pays to sd Charles Beatty, yearly, the annual rent of 1 penny sterling on Feb 1 starting next Feb 1. Signed - Cha. Beatty. Wit - Chrisr Edelen, James Johnson. This deed was ack. by Charles Beatty in Frederick County; Martha, the wife of the sd Charles Beatty, relinquished her right of dower to the within mentioned land. Wm. Ritchie, Frederick County Clk, certified that Christopher Edelen and James Johnson, Esqs, are Frederick County Justices. Recorded Mar 10, 1779.
===
Montgomery County Land Records, 1777-1781; Liber A1, Page 292. Mortgage, recorded at the request of Charles Beatty. May 3, 1779 from Lawrence Creager of M, brick maker, to Charles Beatty of M, Gent. Whereas the sd Lawrence Creager owes sd Charles Beatty 150 0 9 shillings and 4 pence, and whereas Henry Yoast, before the Justices of Frederick County Court, on Feb 2, 1779, obtained a judgment against the sd Charles Beatty as bail of the afd Lawrence Creager, amounting to 29 £10 shillings and 8 pence, including debt, interest, and cost, which the sd Charles Beatty has paid, this deed therefore witnesses that sd Lawrence Creager, for 5 shillings, grants to sd Charles Beatty, the west half of lot #4 on the north side of Bridge Street in George Town in M, and which was conveyed on about Mar 14, 1775 by James Wells of Prince George's County to the same Lawrence Creager for 150 £, as by the deed thereof, entered among the records of Frederick County will more fully appear. If, however, sd Lawrence Creager pays sd Charles Beatty the afd 150 £9 shillings and 4 pence and 29 £10 shillings and 8 pence, with interest on both sd sums from today, by Jun 1, 1781, then this deed shall cease. Signed - Lorentz Krieger7, Cha Beatty. Wit - Will Deakins r*, Richard Thompson*. Recorded May 10, 1779.
===
Montgomery County Land Records, 1777-1781; Liber A1, Page 415. Dec 23, 1779 from Charles Beatty, Bernard 0 Neill, and William Deakins Jr, all of M, Gentlemen, to Brooke Beall of M, Gentleman, for 10,224 £, a tract of land in M (and on and near the mouth of a Cr or draught of water called Seneca) called Senica Ford, containing 159.75 acres clear of elder surveys (and exclusive of 1 acre part thereof conveyed by George Graff and Mary, his wife, to Richard Johns) which same tract was conveyed by the afd George Graff and Mary, his wife, to the afd Charles Beatty, Bernard ONeill, and William Deakins r, by deed dated Apr 9, 1778, and recorded Apr 30, 1778 in Liber A folio 128-130, one of the Land Records of M. Signed - Cha. Beatty, Bernard 0 Neill, Will Deakins Jr. Wit - Charles Jones*, Richard Thompson*. Martha, the wife of the sd Charles Beatty, and Jane, the wife of the sd William Deakins Jr, did severally relinquish their right of dower to the land within mentioned. Recorded Jan l, 1780.
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Montgomery County Land Records, 1777-1781; Liber A1, Page 570. Sep 5, 1780 from Charles Beatty of M, to Hugh Riley of M, for 6 £sterling, all that lot in the Addition to George Town, being part of a tract of land called Knaves Disappointment, lying in M, #108, bounded by Frederick Street, 1st Street, as per the plan of the Addition to George Town which is recorded in Frederick County Records, provided that the sd Hugh Riley pays to sd Charles Beatty the annual rent of 6 pence sterling on Feb 1 yearly, the 1st payment to start next Feb 1. Signed - Cha. Beatty. Wit - George Beall, Thos. Beall of Geo. Recorded Oct 20, 1780.
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1780-1784 Prince George's County, Maryland Land Records Liber FF 1 [Abstract by Mike Marshall]; Page 304. At the request of Charles Beatty the following Deed was enrolled March 15, 1783
Indenture made March 15, 1783; Jacob Funk [Funck] of Washington County, Maryland in consideration of the sum of 10 pounds current money paid by Charles Beatty of Montgomery County, Maryland has sold "Lot Number 115", 80 feet front on Market Street and 230 feet back to Arch Street and "Lot Number 286", 80 feet front on Mulberry Street and 230 feet back, both lying in the Town of Hamburgh and subject to a yearly quit rent of one half penny sterling from September 29th next. Signed Jacob Funk in the presence of Thomas Johns, Aquila Johns in the presence of and acknowledged before Joshua Beall, Wm Berry
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1789-1790 Prince George's County, Maryland Land Records Liber II [Abstract by Mike Marshall]; Page 4. At the request of Charles Beatty the following Deed was recorded January 7, 1789
Indenture made July 5, 1788; Whereas John Biddle and Clement Biddle and his wife Rebekah Biddle of the City of Philadelphia, Pennsylvania, did by their deed of indenture bearing date March 1, 1785 did convey unto William Pollard, Charles Pettit, James Crawford, Jacob Spicer and John Barclay of the City of Philadelphia, Pennsylvania, merchants parts of contiguous tracts in PGCo called "Widows Mite" containing 248 1/8 acres; "Vineyard" containing 9 ¾ acres; "Flints Discovery" containing 52 ¼ acres; and 22 lots in the Town of Hamburgh laid out by Jacob Funck, Lot Number 8, Lot Number 10, Lot Number 25, Lot Number 27, Lot Number 32, Lot Number 44, Lot Number 45, Lot Number 55, Lot Number 76, Lot Number 91, Lot Number 92, Lot Number 99, Lot Number 103, Lot Number 117, Lot Number 167, Lot Number 182, Lot Number 187, Lot Number 211, Lot Number 212, Lot Number 243, Lot Number 247, and Lot Number 269 as recorded in PGCo Liber AA No. 2, folio 398 and 399 and General Court Liber TBH No. 1, folio 33; and which three tracts and 22 lots were conveyed to John Biddle and Clement Biddle by Jacob Funck as recorded in PGCo Liber CC {No. 2}, folio 369, 370 and 371. Now this indenture witnesseth that William Pollard, Charles Pettit, James Crawford, Jacob Spicer and John Barclay and John Biddle and Clement Biddle and his wife Rebekah Biddle in consideration of 1 pound and 3 shillings paid by Charles Beatty of Montgomery County, Maryland has sold "Lot Number 243" in the Town of Hamburgh. Signed William Pollard, Charles Pettit, James Crawford, Jacob Spicer (in the presence of Thomas G. Pollard, Adam Melcher) and John Barclay and John Biddle and Clement Biddle and his wife Rebekah Biddle (and relinquished her right of dower) in the presence of George Namp, Thomas G. Pollard and acknowledged before Honorable George Bryan, Esq, Judge of the Supreme Court for the Commonwealth of Pennsylvania
July 5, 1778; Isaac Walker and Leonard Deakins, Gentlemen of PGCo authorized attorneys by the above signatories to acknowledge the written indenture and on July 22, 1788, Thomas G. Pollard of the City of Philadelphia made oath to the power of attorney before Rd Cramphin; and on August 15, 1788, Isaac Walker by virtue of his power of attorney acknowledged the indenture before David Craufurd, John Smith Brookes
===
Washington County Circuit Court
Patent Record IC H, p. 676 1795 Hunting Ground, 368 acres, Certificate in name of Charles Beatty; Patent 0 0 MSA S 1427-1613
Patent Record IC H, p. 676 1802 Good Friendship, 111 1/4 acres, Certificate in name of Charles Beatty; Patent 0 0 MSA S 1427-1300
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Early Colonial Settlers of Southern Maryland and Virginia's Northern Neck Counties
1736 - 1804 (68 years)