Transcribed by by Ann Stinson <astinson@midamerica.net>

Will of Captain John Bayne, dated 5 October 1700, proved 25 October 1701.

(Land Office, Annapolis, MD, Wills, Liber T.B. No. 11, folio 217)

            “In the Name of God Amen, I John Bayne of Charles County being sick 

and weak in body but in sound and perfect mind and memory thanks be to Almighty 

God I doe hereby Constitute ordain and appoint this to be my Last Will and 

Testament Revoaking and annulling all former will or wills by me made.

      “Imprimis – I bequeath my Soul to Almighty God that gave it and my body to 

the grave to be decently buried by my executor or executrix hereafter mentioned 

–

      “Impris – I give and bequeath unto my dear and loving son Ebsworth Bayne 

all those three tracts or parcells of Land being the Forrest Quarter the one 

called BRATHWOOD containing eight hundred acres INDIAN CABIN being two hundred 

acres and two hundred acres called NEVITTS DESIRE in all twelve hundred acres 

the said three Tracts of Land I give unto him and his heirs forever.  I also 

give and bequeath a Certain Tract of Land lying in Piscattaway on the one 

hundred and fifty acres or thereabouts formerly bought of Mr. William Hutchison 

the said Tract of Land I give to hime the said Ebsworth and his heirs forever 

after the death of dear wife –

      3dly WHEREAS I have a speciall warrant of two thousand acres of Land and 

the said Warrant is in possession of the Surveyor Mr. Clement Hill Junr, I have 

ordered part of the said warrant to be laid out for my Daughter Ann all that 

part that lyes on the South or South East side from the Lines of LOCKUST 

THICKETT to the Timber marsh supposeing two or three hundred acres –I give to my 

Daughter Anne and her heirs forever of the said Land warrant Soe likewise I have 

entred with the said Surveyor what Land lyes on the North side of the said Tract 

of Land called LOCKUST THICKETT for my son Walter Bayne out of the said warrant 

and also what Land lyes to broad Creek Landing I allow and give to my son 

Ebsworth and Daughter Anne on – acres of Land a piece for a store house for each 

of them and their heirs forever or what Land is (blank) their Soe that according 

to these reserves laid and nominated I bequeath out of the remainder part of the 

warrant that may remaine Eight hundred acres of the said warrant to my dear and 

Loving Son Ebsworth Bayne to hime and his heirs forever and I doe pray and 

request my Trusty and well beloved and Esteemed friend the Honble Coll John 

Addison to the Layor out or director where the said warrant should be laid 

either up att Rock Creek or where else he shall think most convenient and 

properest for the use and benefit of my son Ebsworth also beseeching my said 

friend for what is remaining of the said Warrant that belongs to my son Walter 

to Crave his favours in the like nature where he shall think most convenient for 

my said Son Walter’s Advantage and Interest – Whereas I bought two tracts of 

land of J. Benjamin Posey one called Muddell Branch by Pattent one hundred and 

odd acres the other by Deed from Nicho: Bellaine to John Posey one hundred acres 

I give the said two tracts of land to my son Ebsworth Bayne to hime and his 

heirs forever

      As for my personal estate that God hath been pleased to bless me with I 

doe give and bequeath to my dearly beloved wife Anne Bayne and my son Walter 

Bayne my son Ebsworth and my daughter Anne Bayne according to the direccons 

hereafter mentioned that is to say att their coming to age or day of marriage 

every of the said children to have four negroes and ninth part of the rest of my 

personall Estate to be delivered according as hereafter mentioned that is to say 

my Dear Trustees and well beloved friends Coll John Courts and Major James 

Smallwood.  Coll John Addison and Majr. Wm. Dent and Mr. Benjr. Hall them or the 

majr. Part of them or two of them I doe Intreat and beg to be as my Trustees for 

settling and ending any matter of difficulty or difference in dividing to each 

child its proportionable proporcon yearly and timely as they shall become due to 

be divided and what you or any major part of you Trustees as aforesaid shall act 

or doe according to these direccons here and hereafter nominated shall be finall 

and determinate and that is to say to the Inheritance of my personall Estate 

amongst my wife and children aforesaid is to be divided as aforesaid only if she 

lives a widdow unmarried –

      But in case my said wife should marrie then my children to have and to be 

claimed and divided by you that are my Trustees such and such parts as shall 

become their equall child’s porcon each to other att the time of such 

intermarriages or according to Inventory as you my said Trustees shall best 

approve on Between my said wife and children and soe to be divided by you in six 

or ten months att your convenience or discretion after or before such 

intermarriage but in case my said wife should remaine a widdow that she should 

have all and every part saving as before menconed of my whole and sole estate in 

her possession profits and benefits during her widdowhood and life and upon 

alteracon thereof if she dye before my said children comes to age my will is 

that my whole estate be kept intire according to the best of my Trustees 

discretion and appointment for the use of my said Children and that it should be 

divided yearly as they shall become to age or marriage my son Ebsworth att 

Eighteene to claim his age for inheritance but not to dispose of a negroe or 

sell any Land untill he is twenty one years of age my Son Walter att age att my 

death but if it pleases God I should dye before I return from England the said 

Walter not to be at age till twenty one ---WHEREAS I have past my lands that I 

have thought fit for my son Ebsworth those to be his and none other My Daughter 

Ann that menconed to be hers in this said will and the Plantacons formerly given 

by deed of gift that is to say the one moyety of LOCUST THICKETT on the south 

side Ainsons branch and for what further Lands I am possessed of at this time 

saving the MEADOWS belonging to my son Ebsworth if any claimes should arrise by 

marriage I bequeath to my son Walter as heir to Inheritt and enjoy forever after 

the death of my dear wife Anne Bayne and now my wife Estate hereafter menconed 

hath a claime of her thirds of the said disposed lands this my will is that if 

she will respectfully claime and comand the same then I doe order each child 

shall claime from her one negroe each more upon her claiming the said Lands or 

after marriage such an one as at the discretion of Trustees before menconed 

shall think meet and convenient – Further for the especiall Trust true love and 

pure affection I have and bear to my before menconed Trustees Coll John Courts, 

Major James Smallwood, Coll. John Addison, Major William Dent and Mr. Benjamine 

Hall I doe bequeath and give each and every one of them ten pounds Sterl to buy 

each a mourning Ring suit and good Rings and in Case Cloth for mourning suits 

cannot be obtained and gott here my will is that my Executrix hereafter menconed 

shall send for England for such and soe many suits and Rings as shall be to 

receive for It’s my full desire and will that it should be in the very suits and 

rings delivered and not otherwise

      I doe give unto Thomas Whicholey – a Servant four years to serve at least 

and the horse called Cropp and five pounds sterling to be paid out in a mourning 

suit and not otherwise

      Also my two God Children that are of my owne name Bayne Smallwood and 

Griggs I doe give and bequeath each of them one Cow and Calfe one mare and foale 

and Sows and Piggs and two Yewes and lambs and a bible and a Comon Prayer book 

to be delivered by my Exectrix or Trustees And for what other God Children I am 

God Father to I give each of them a Young heifer or young mare and one years 

schooling together with bible and Comon prayer book at the discretion aof my 

Executrix and Trustees

      LASTLY I doe hereby ordaine Constitute and appoint my Trusty and well 

beloved wife Anne Bayne my whole and sole Executrix of this my last will and 

Testament

      In Witness whereof I have hereunto sett my hand and seale this Fifth day 

of October Annoq Din one thousand Seven hundred

JNO BAYNE   (Seal)

Signed Sealed and delivered in presence of us 

Elinor Bayne x her mark 

Elinor Beale  x her mark

Thomas Wicholey

Wm. Holt

Joseph Cowper

      25th Octobr. 1701.  Then came before me  Elinor Beale and William Holt two 

of the Severall and respective witnesses to the Last will and Testament of John 

Bayne late of Charles County deced and gave oath upon the holy Evangelist that 

they did each of them see the said deced Bayne in his life time Signe seal and 

deliver pronounce publish and declare the Instrument in writing hereunto annexed 

to be his Last will and Testament

                                         Richd Boughton Deputy Comry Carol Comit