William Barton
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William Barton                                                     see FAMILY TREE
Born: Abt 1634 of Charles Co., MD

 

   
Married: 1st Nov 1658 to Anne Smoot

Married:2nd Abt 1665 Charles Co., MD to Mary

   
Died: Bef. 22 Sep 1717 Charles Co., MD   In the Name of God Amen I William Barton of Charles County in the Province of Maryland Gentl. being very Sick & Weak of body but of Sound & perfect Mind & Memory Praised be Almighty God for the same & Considering the frailty of humane Life & that all Must Yield when God by Death is pleased to Call doe make this My last Will & Testament in manner & forme following hereby Disannulling & makeing Voyd all former & other Will or Wills by Me heretofore Made.
Imprimis I Give My Soul to Almighty God Trusting & Relying upon the full Pardon Remission of my Sinns through Mercies and Intercessions of my Blessed Saviour & Redeemer Jesus Christ my Body I Committ to Earth to be buryed in Such Decent Manner as My Executor hereafter named Shall think most Convenient and as for what Worldly Estate God hath been pleased to bless me with I Dispose of the Same as Followeth.
Item I Give & bequeath unto my Grandson Barton Smoott My Negro Man Sam & do hereby Desire him to use him Kindly during his Natural Life knowing it was My Intent if the Laws would have permitted to have given him his freedome.
Item I Give & bequeath unto My Grand Daughter Rachell Stone the Wife of Matthew Stone the feather bed & furniture that I now Lye on.
Item I Give & Bequeath unto my Grand Daughter Ann Smoot two Cowes with Calves by theirs Sides to be Delivered after my Decease by My Executor.
I Give & Bequeath unto my Grand Daughter Mary Hungerford two Young Cowes or Yearling Heifers to be Delivered as afsd.
Item I Give & Bequeath unto My Grand Daughter Eliza Philpott the Wife of Charles Philpott the feather bed & furniture belonging to the Same which is in the Great house Room to be delivered as afsd.
Item I Give & bequeath unto my Grand Son Barton Warren Two Young Cows or heifers of Two Years old also one full share of my present Crop of Tobacco.
Item I Give & Bequeath unto My Grand Son William Smoot one full share of my present Crop of Tobacco.
Item I Give & Bequeath unto my Grand Daughter Eliza: Neale the Wife of John Neale one Cow & Calfe & forty Ells of Linnen.
Item The full half of all the Remaining part of my Estate of what Nature Kind Soever it be or wheresoever the Same Shall or May be found I doe Give Bequeath unto My Daughter Margarett Miller & her three Youngest Children, the other halfe part I doe give bequeath unto Thomas Smoot & Barton Smoot the Two Sons of My Grand Son Barton Smoot.
Lastly I doe hereby Nominate Consitute Ordaine & Appoynt my Daughter Margarett Miller & my Grand Son Barton Smoot to be joyntly Executors of this my last Will & testament desiring them to doe & performe every article & Clause herein Contained. In Witness whereof I have hereunto Set My hand & affixed My Seale this 5th Day of September Anno Dom. 1717.
Signed Sealed Published & Declared to be the last Will & Testament of Wm. Barton Wm Barton his mark in presence of Wm. Howard, John Jones Jno Willard
The will was proved 22 Sep. 1717.

FATHER

William Barton

MOTHER

 unknown

WIFE

1st. Anne Smoot

b. 13/Aug/1641 York Co., VA

d. 1662 Charles Co., MD

 

  Liber P.C. R. p 461 Atchison v. Cager
Provincial Court Proceedings, 1661 Maryland
To the honorable the Governor and the rest of the Councell now Sitting
The humble peticon of Robert Cager Sheweth That yo'r peticon'r being very weake in body and in noe Capacity to cast or putt all Accompt and Reckoninge in any forme of a Suite depending Betweixt Vinson Attcison and yo'r pet'r. Yo'r peticon'r craves yo'r Honros for a Refference till the next Courte and he shall pray &c.
In Consideracon that one of the def'ts Wittnesses lying very sick It is referred whilst the next Courte and the def't is to bring the deposicon of the Relict of William Hungerford now wife to William Barton at the next Courte under the hand of some of the com'rs for this County.

2nd Mary unknown

CHILDREN with Anne Smoot

1. Grace Barton b. 26 Aug 1659 Charles Co., MD                        

2. William Barton b. 29 Jun 1662 Charles Co., MD                        

CHILDREN with Mary

1. Mary Barton b. 25 Mar 1667 Charles Co., MD

2. Margaret Barton b. 1665 Charles Co., MD

3. William Barton b. 27 Feb 1666/67 Charles Co., MD

4. Elizabeth Barton b. 7 Feb 1671/72 Charles Co., MD

We are not sure who Mary Bartonís mother was. There has been some speculation that it was Ann Smoot, but we believe that it was Mary M., William Bartonís second wife, although there is not much doubt that William Bartonís first wife was Ann Smoot.
We know that William Barton Jr. was married to Ann, relict of William Hungerford. (See the statement of Robert Cager, Archives of Maryland Vol 41 pg 455) We also know from a deposition that she gave, that she married William Barton Jr. as early as 1655 and as late as 1661. (See the deposition of Ann Hungerford, Archives of Maryland Vol 41 pg 469) In the deposition she also stated that she was ďtwenty years and upwardĒ, which means that she was born about 1641.
In 1646 William Smoot was given a patent for land in Maryland as an Immigrant. (See Patent series Vol 4, Patents Liber AB&H, folio 230) In that patent he stated that his wife was Grace, and that his children were Ales, Ann, Elizabeth, Richard and Thomas. If Ann Smoot is indeed the same as Ann (Hungerford) Barton mentioned above, she was about 5 years old when she came to Maryland.
In March of 1662 William Barton Jr. assigns his rights to a certain tract of land to Thomas Smoot, his brother in law, for the use of William Hungerford Jr, son of William Hungerford deceased. This same land had been assigned by William Smoot to William Barton Jr. in 1658, and William Smoot had in turn had assigned him by John Lugar Jr. in 1649. (See Charles County Land Records, MSA CE 82-1, Liber A, pg 242-244) As we have seen this Thomas Smoot had a sister named Ann who would be of the right age to be married to William Barton Jr. in 1662. In addition, there is evidence that William Smoot and Thomas Smoot were heavily involved in the care of William Hungerford Jr., son of the deceased William Hungerford who left a widow named Ann who married William Barton, Jr. As we have just seen, Thomas Smoot took over the care of the child from William Barton Jr.
In addition on Nov 14, 1665 (see Charles County Land Records, book B p 246a) Thomas Smoot gave up the estate and the care of the child William Hungerford Jr. to Thomasí father, William Smoot. All of this suggests that William Hungerford Jr. was a Smoot.
Richard Smoot, son of William Smoot, in his 1676 will calls William Barton Jr. his brother and names him as a coexecutor of the will. This fits well with the assumption that Ann Smoot was the Ann Hungerford who was married to William Barton Jr by 1661.
The birth records of William Barton Jr.ís children give some indication of who their mothers were. Grace Barton was born and died in August of 1659. (CCLR, LIBP, pg 204) William Barton was born 29 June 1662. (CCLR, LIBP, pg 204) These two were undoubtedly the children of William Barton Jr. and Ann Smoot. Ann (Smoot) Barton gave a deposition, alluded to previously, in June 1661, so it seems highly unlikely that Ann would have died and that William Barton would then have married his second known wife, Mary, in enough time to have a son born by June of 1662.
In 1667, (CCLR, LIBER C p. 252) shows that an unidentified child was born to William Barton Jr. on March 25. The same record on p. 260 shows that he had a son named William Barton on February 27, 1667. This, of course, isnít possible. Our best guess is that the March 25 record refers to a baptism and the February 27 record refers to when he was actually born. If this is true, then the William Barton born in 1662 was likely dead since you normally wouldnít give the name of a living child who is only 5 years old to a newborn.
In 1671/62 Elizabeth, daughter of William Barton Jr., was born on Feb. 27. (CCLR, LIBER E, pg 729)
There are no known birth records for Mary and Margaret. In 1688 William Barton Jr. and Mary M., his wife, give land to Mary, Margaret and Elizabeth and their respective husbands. Itís likely that the three sisters couldnít have been more than 5-6 years apart, thus Mary and Margaret were probably born somewhere between 1666 and 1671. It is important to note that Margaret could not have been Ann (Smoot) Bartonís child, since Margaret married William Hungerford Jr. who was definitely Ann (Smoot, Hungerford) Bartonís child by her first husband William Hungerford. If Margaret was born before Elizabeth, then Elizabeth was also not Ann (Smoot) Bartonís child. This leaves Mary, who if also close in age to Margaret and Elizabeth, as not a likely daughter of Ann (Smoot) Barton.
It is also worth noting that whereas Ann (Smoot) Barton named her first born daughter Grace, after Annís mother, the other daughters are not named after anyone in the Ann Smootís family.
Finally, we need to cope with the fact that Richard Smoot in his 1676 will calls William Barton Jr. his brother. Our interpretation of this is that this was so because Ann Smoot was Richardís sister and she had married William Barton Jr. This would seem to imply that Ann was alive in 1676, in which case all of William Barton Jr.ís children were also Annís, which we have seen in the case of Margaret was impossible. We are fairly well convinced that Ann could have already died by 1676 and that William Barton Jr. would have continued to be considered a brother-in-law of Richard Smoot. In that 1676 will, Richard Smoot also refers to Robert Rowland as his brother-in-law. This is because Jane Batten had been married to Richardís brother Thomas. Jane had married Robert Rowland by 1676 after Thomas had died. Thus not only did the title survive the death of the brother, but it was transferred to the sister-in-lawís new husband!
For all of these reasons we believe that Mary M. And not Ann Smoot was Mary Bartonís mother.

Chase Brooke  Oct 2012

 

 

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