In the Name of God Amen I John Bolayn being very weak and Sick but in
perfect Memory praised be God Doe in the first place bequeath my Soul to
God allmighty and my body to the Earth And as for my worldly goods and
Estate I do dispose of us as followeth vizt:
Imp: I desire William MARSHALL and Peter CARR to be the overseers for
the good of my Children.
Ittem I do give and bequeath the one half of my Estate personall and
real unto my Children.
Ittem the other half of my Estate as afsd unto my wife and her children
and as long as my wife Shall or doth keep the Children that then she to
make use of the whole Estate and to this my will and Testamt I Sett my hand
this twenty third day of May 1663.
Witness The marke of John Bolayn
The marke of Alexander SMITH
The will was proved 3 Nov. 16631
On 8 August 1676, Nicholas BELAINE, son of John BELAINE chose John POSIE,
his "Brother-in-Law" to be his guardian, and Grace, daughter of John BELAINE
chose John MOULD and his wife Anne, her "Sister-in-Law" to be her guardian.
At the same time was presented a petition of Alexander SMITH, "who married
ye Relict of ye sd John BELAINE." The petition stated than when he married
her, she had two small children, and that he had brought the said children
up in a decent manner and schooling and they had cost the petitioner eleven
years or thereabouts, and desiring to be on their own, more by ill council
were persuaded to leave him. He asked for satisfaction due for his labor,
care, and pains in bringing up the said children. The court ordered that
the estate of John BELAINE was to remian in the hands of the petitioner
until Nicholas came to age, and Grace arrive to age sixteen or marriage.2
At court in 1680, Alexander SMITH presented receipts from the 4 heirs of
John BELAINE from his will:
12 April 1669 Anne POSEY, "daughter of Francis Posey decd. doe at this
present before the solemnity of Marriage betwixt Jno. Mould" acknowledged
her 1/4 share bequeathed by her "father in Law Jno. BELAINE."
23 May 1670, Jno. POSEY acknowledged full receipt of everything left him
by the will of his "father in Law Jno. BELAINE."
3 Feb. 1678 Giles COLLIAR, "who married Grace Belaine the daughter of Jno
Belaine" acknowldged receipt from Alexander SMITH, "who married the Relict
of the sd. Jno Belaine" of her portion of the estate.
6 Dec. 1679 Nicholas BELAINE, "son of Jno. BELAINE" acknowledged full receipt
of his portion of his father's estate.3
In January 1679 John MOULD petitioned that he had married the daughter of
Francis POSEY, whose widow married John VALLAINE, who died possessed of
300 acres of land, besides goods and chattel, and before his death by will
bequeathed one half of his estate real and personal unto his wife and her
two children she had by Francis POSEY to be equally shared among the three,
and the other half to his two children he had by his said wife, and after
the death of John VILLAINE, Alexander SMITH married his widow and had the
original will of said VILLAINE, so that the petioner supposes there was
never any administration on the estate, nor accounting of his share of the
estate in right of his wife. The Petitioner asked the court to summons
Alexander SMITH to bring in the will and his accounting of the estate.4
The statement of there being only TWO children of Francis would dispute
claims by some researchers that Benjamin POSEY was a son of Francis.
Some researchers had interpretted the records of Nicholas BELAINE calling
John POSEY his "brother-in-law" as meaning John's wife Susanna was a BELAINE,
daughter of John BELAINE. The above records show that "brother-in-law"
meant half brother. John BELAINE's will had left half his estate to (all)
his children, and the court records show he had only two chilren, Nicholas
and Grace, and no daughter named Susanna.
The court records state that Francis POSEY and Elizabeth had only two children,
who were shown to be Anne (POSEY) MOULD, and John POSEY, who became guardians
for their half brother and sister Nicholas BELAINE and Grace BELAINE.
1. John Bolayn will, MD wills 1:206-207 [image 206 of 640].
2. Charles Co., MD land records Deeds F1:199.
3. Charles Co., MD land records H1:248-249.
4. John Mould petition, MD Testamentary Procedings 11:100.
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