Section VI - Massey Data Bank

One Maryland Massey Family by George Langford, Jr. 1901-1996 ©Cullen G. Langford and George Langford, III, 2010

Maryland Land Records, Queen Anne's County, STW #5, pp. 439,440,441,442
Abraham Falconar to Sarah Massey, et. al., October 31, 1801

[Marginal note: Deed delivered W. Faulkner 28th of October 1803 - GL,III,,ed.] Queen Anne's County to wit: Be it remembered that on the thirty first day of October Anno Domini eighteen hundred and one the following deed was brought to be recorded to wit: this indenture made the twenty second day of May in the year of our Lord eighteen hundred and one. Between Abraham Falconar of Kent County Maryland, gentleman, and Sarah his wife, devisee of John Seal, late of Queen Anne's County, deceased, of the one part and Sarah Massey, Anna Massey, and Elizabeth Massey, daughters of Joseph Massey and Elizabeth his wife, devisee of the aforesaid John Seal of the other part. Whereas the aforesaid John Seal, late of Queen Anne's County, deceased, being seized in fee simple of and in all that tract or parcel of land lying in the county aforesaid called Robotham's Park and, so being siezed, made his last Will and Testament in writing, duly executed, approved, and registered with records of this state according to law and amongst other things did devise in manner and form following to wit: And if both my sons and my daughters shall die without leaving issue or child or children without selling or disposing my lands then it is my Will that all my lands or all such parts as may not be sold or disposed of as aforesaid shall descend to my heir at law now in England, provided only my said heir at law now in England shall come over and dwell upon and possess the same him or herself, in which case only I bequeath the same to my heir-at-law above named and to his or her heirs of their body lawfully begotten forever, and in case my heir at law now in England do not come over to possess my said lands in manner aforesaid within the space of five years after such descent to him or her as aforesaid and the lands bequeathed and limited as above to my heirs at law now in England, I give and bequeath unto my two nieces Sarah Hall and Elizabeth Hall to be equally divided between them to them and the heirs born of their ladys respectively forever. And whereas the son and daughter of the aforesaid John Seal died without leaving issue or child or children there without selling or disposing of any or all his lands and the person designated as his the said John Seal's heirs at law in England not having complied with the terms and conditions by not having come over, dwelt, and possessed the same within the aforesaid five years according to the terms and conditions herein expressed in being an alien incapable of holding lands in this state the said lands called Robotham's Park mentioned and expressed in the aforesaid last Will and Testament became the right and estate of the aforesaid Sarah, the wife of the aforesaid Abraham Falconar, and Elizabeth, late wife of the aforesaid Joseph Massey who entered into the premises and were seized and possessed of the said lands called Robotham's Park and of the estate therein according to the limitations contained with aforesaid last Will and Testament as the law requires. And whereas the aforesaid Elizabeth hath lately departed this life leaving the aforesaid children Sarah, Anna, and Elizabeth Massey, co-heiresses and coparceners of her real estate, doubts having been entertained whether the estate of the aforesaid John Seal so limited as aforesaid to the aforesaid Sarah Falconar and Elizabeth Massey was and is estate in joint tenancy or a tenancy in common, and the aforesaid Abraham Falconar and Sarah his wife in case the said estate in the lands called Robotham's Park shorter might hereafter be considered as an estate in joint tenancy have consented and agreed finally to decide all doubts which might arise respecting the quantity and nature of the said estate have agreed and consented for the considerations herein after mentioned to convey, assure, and make over onto the aforesaid Sarah Massey, Anna Massey, and Elizabeth Massey, their heirs, and assigns, forever one undivided moiety or half part of all that tract or parcel of land called Robotham's Park in manner and form as is herein after expressed. Now this indenture: Witnesseth that the said Abraham Falconar and Sarah his wife for and in consideration of the sum of five shillings current money of Maryland to the said Abraham Falconar and Sarah his wife when paid by the said Sarah Massey, Anna Massey, and Elizabeth Massey, at or before the ensealing and delivery of these presents the receipt and payment whereof the said Abraham Falconar and Sarah his wife doth hereby acknowledge and thereof and of every part and parcel thereof do clearly exonerate, acquit, and discharge the said Sarah Massey, Anna Massey, and Elizabeth Massey, their heirs, executors, administrators. and assigns, in every of them forever by these presents and for diverse other good causes and considerations him the said Abraham Falconar and Sarah his wife thereunto specially moving have granted, bargained, sold, aliened, enfeoffed, released, and confirmed, and by these presents do grant, bargain, sell, alien, enfeoff, release, and confirm unto the said Sarah Massey, Anna Massey, and Elizabeth Massey, their heirs, and assigns, forever as tenants in common and not as joint tenants all that undivided moiety or half part of a tract of land lying and being in Queen Anne's County aforesaid called Robotham's Park, containing and laid out for five hundred acres more or less with the appurtenances thereunto belonging and also all and every the estate and the estates, rights, title, claims, interest, and demands whatsoever of them the said Abraham Falconar and Sarah his wife or either of them into or out of the lands hereby granted and bargained premises and every part and parcel thereof. To have and to hold the said undivided moiety or half part of a tract of land called Robotham's Park with the appurtenances thereunto belonging and the premises hereby granted bargained and sold or mentioned or intended to be hereby granted and sold in every part and parcel thereof with this and every of their appurtenances unto the said Sarah Massey, Anna Massey, and Elizabeth Massey, their heirs, and assigns, forever as tenants in common and not as joint tenants, to the only and proper use and behoof of them the said Sarah Massey, Anna Massey, and Elizabeth Massey, as tenants in common and not as joint tenants, their heirs,and assigns, forever. Provided always nevertheless that nothing herein contained or expressed shall be deemed or construed or taken in any wise to affect the right, title, property, estate, claims, interest, or demand of and into the other undivided moiety or half part of the aforesaid tract or parcel of land called Robotham's Park or any part or parcel thereof it being the true intent and meaning of the parties grantors to consider that the said granted premises are held in tenancy in common and not in joint tenancy. In witness whereof the parties to these presents have hereunto set their hands and affixed their seals the day and year first within written. Abraham Falconar {seal} Sarah Falconar {seal} Signed sealed and delivered in the presence of T. Roberts    J. Thompson On the back of the original deed was thus endorsed to wit: Received the day of the date of the within named Sarah Massey, Anna Massey, and Elizabeth Massey, the sum of five shillings being the consideration money within mentioned to be paid by them to me. I say received by me. Abraham Falconar Sarah Falconar Witnesses T. Roberts    Joseph Thompson Maryland Queen Anne's County to wit: Be it remembered that the within named Abraham Falconar and Sarah his wife came before us, two of the Justices of the Peace for Queen Anne's County, and acknowledged the within deed to be their act and the lands and premises with the appurtenances thereby bargained and sold to be the estate of the within named Sarah Massey, Anna Massey, and Elizabeth Massey, their heirs, and assigns, forever and the said Sarah wife of the said Abraham Falconar being by us examined privately out of the hearing of her husband declared that she made the above acknowledgment willingly and freely and without being induced thereto by fear or threats of ill usage by her husband or fear of his displeasure. Taken and certified according to the act of assembly in that case made and provided by the undersigned this twenty second day of May Anno Domini 1807. T. Roberts J.   Thompson