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Samuel received the lands of his brother's James and John as per the terms of their father's will. The inheritance of each set of children was kept separate. For the each set, if any child died without heirs then the survivors of the set inherited that childs legacy. So, when James and John died unmarried, their estates went to Samuel. By these terms, if Elizabeth died unmarried then her brothers' Alexander and Nathaniel would inherit the 200 arce tract called, Craighnaigh.
Two deeds:
1) 21 June 1701. From Alexander Magruder and Nathaniel Magruder both of PGC., gentlemen, to Samuel Magruder of PGC. for the price of 34 pounds sterling, 100 acre part of Craighnaigh, now called "Magruder's Delight", bounding on Samuel Magruder's land "Good Luck" Witnessed by John Hawkins and Hickford Leman. Acknowledged by Alexander Magruder and wife Anne, and Nathaniel Magruder. Recorded 4 July 1701, Vol. A, p. 379 PGC
2) 2 August 1718. From Alexander Magruder, gentleman of PGC. to Samuel Magruder, planter of PGC. for the price of 55 pounds sterling, a tract of land called Craighnaigh in PGC, bounded by "Magruder's Delight", containing 100 acres. Witnessed by Philip Lee and Samuel Perrie. Aknowledge by Susannah Magruder, wife of Alexander Magruder. Recorded1October, 1718. folio 100/656
The simplest explaination for Alexander and Nathaniel's posession of Craighnaigh is that Elizabeth Magruder died young and unmarried and as per her father's will, her brothers automatically got her property. Can there be other explainations? Sure, just a little more complex.
Scenario 1): Elizabeth married young to John Pottinger and they sold Craighnaigh to her brothers jointly (a stretch due to her age and that the buyers were both her brothers-- why not one or someone else completely?). If this happened it did so before 1695 and the creation of PGC. Otherwise the deed of sale would have survived (All Calvert county records destryoed by fire).
Scenario 2): Elizabeth married young to John Rigden. John Rigden wrote his will on 16 December, 1706, proved 3 Feb 1706/07 in PGC. He names son John, born 1701 and daughter Elizabeth born 1699. Elizabeth to receive personality, including that which belonged to her mother. Executor was Samuel Magruder Sr. Trustees were Thomas Holdsworth, George Smith and Thomas Clagett. Witnesses were John Coate, Sibella Grame, Anne coate, Joshua Cecel and Susannah Parke.
So, let's say (complete speculation on my part) Elizabeth Magruder married John Rigden. They sold Craighnaigh (her real estate inheritance)to her brothers (before 1695) and she kept the person estate which her husband past on to her namesake daughter. Samuel Magruder, as uncle to the orphans, was apppointed to be executor to the estate of John Rigden.
Scenario 3): 1 and 2 but with unknown spouse.
Topic Two:
Is there proof that Sarah was not a daughter of Ninian Beall? Well it's kind of impossible to prove a negative. The weight of the evidence says not though. Colonial law concern consanguinity should have prohibited the marriage of Ninian Beall Jr. to Elizabeth Magruder if Elizabeth's mother Sarah was Ninian Sr's daughter. And hard to imagine that Sarah, Samuel and Ninian Sr would all have still included bequests to this family in their wills. Ninian and Ruth name, in 8 separate deeds of 10 March, 1706, eight of their children: Charles, Ninian Jr., Thomas, John, George, Hester, Mary and Rachel. I've heard that a scouring of MD records finds proof of two other children finds two more: Jane and Hannah.
People have included Sarah as a child of Ninian because she and Samuel named their second child Ninian. Well, Ninian Beall was one of the colonies wealthiest and well known members. And admired. And yes, Alexander Magruder (immigrant) did appointhim as an overseer to his will but here Ninian's importance works against us: he was the overseer or executor of seven wills that I have seen.
1) William Mills 1676: overseers- Alex. Magruder, Sam. Taylor and Ninian Beall
2) Alexander Magruder 1677: overseers- Nathaniel Truman, Samuel Taylor and Ninian Beall
3) Patrick Cammell 1670: overseer Ninian Beall
4) Robert Lasly 1680: executors Ninian Beall and James Moore (James Moore called Ninian a Brother in a deposition once. Robert Lasly might be the connection to illuminate Ruth's birth family?)
5) John Witton 1680: overseers Captain Ninian Beall and Richard Gardner
6) Peter Archer 1683: executors Ninian Beall and John Chittan
7) Thomas Elles 1689: executors Thomas Greenfield, Major Ninian Beall and David Small
All Calvert County.
So, how much can you weigh a connection between Ninian Beall and the Magruders with out giving equal weight to these people. It might just be that Ninian had the trust and reputation and the finacial means to be overseer and excutor for all these people. Peter
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