John Toms b. 1748 Frederick County, Maryland, British Colonial America d. 1 Mar 1813 Washington Township, Franklin County, Pennsylvania, United States: Tangled Roots

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1748 - 1813 (65 years)

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Name	John Toms
Born	1748	Frederick County, Maryland, British Colonial America
Gender	Male
Military	28 Jul 1781
	American Revolution Private 1st Battalion Cumberland County 28 July 1781 Cumberland, Pennsylvania, United States
Census	1790	Frederick County, Maryland, British Colonial America [1]
	as John Toms
Died	1 Mar 1813	Washington Township, Franklin County, Pennsylvania, United States
Probate	30 Mar 1813	Franklin County, Pennsylvania, United States [2]
	Address: Orphans Court
Probate	8 Jun 1813	Franklin County, Pennsylvania, United States
	Address: Orphans Court
	Franklin County Orphans Court Docket vol. B, p6 The petition of Abraham Toms eldest son and Heir at law of John Toms late of Washington Township deceased, was read setting forth that the said Petitioners father died Intestate about the month of March last, leaving a widow named Catharine and issue eleven children to wit, Abraham the petitioner, Elizabeth intermarried with Michael Kneif, Hannah intermarried with Hezekiah Robison, David, Susanna intermarried with Jacob Wilds, Sollomon (who died in the life time of his father leaving three children, to wit, Mary, George and John) and John Samuel, Catharine intermarried with Benjamin Peters, Elias and Jonathan the two last of who are yet in their minority; That the said Intestate died seized in his demesne as of fee of and in two tracts of land situate in Washington Township and County of Franklin one of the said tracts containing two hundred and ten acres adjoining lands of John Snowberger and Joseph Menzer and held by Patent, the other tract situate in the same Twp. and adjoining lands of Wendel Gilbert and others containing fifty acres and held by Warrant and survey only with the appurtenances; And thereupon prayed the Court to award and Inquest to view the premises aforesaid and enquire whether the same can be divided to and amongst the Widow and all the children of the said deceased or to and amongst as many of them as the same premises with the appurtenances will accommodate or value the whole undivided ???. Whereupon the Court did order and device that the Sheriff in his proper person with twelve good and lawful men of his bailiwick, in presence of all the parties who shall choose to attend the Guardians of the minor children (if any there be) having due and previous notice thereof, do hold an Inquest on the said premises with the appurtenances, and divide the same to and amongst the Widow and all the children of the said deceased, if the same can be done without prejudice to and spoiling the whole and if they so find that they proceed to make partition accordingly by metes and bounds; and if they find that the same will not conveniently accommodate the Widow and all the children of the said deceased without prejudice to and spoiling the whole there that they proceed to inquire whether the same will accommodate more than one of the children of the said deceased without prejudice to and spoiling the whole and if they so find that it will accommodate more than one of the children of the said deceased that then they proceed to make partition accordingly and value and appraise each ___part, but if they find that the same cannot be so divided and will not conveniently accommodate more than one of the children of the said deceased without prejudice to and spoiling the whole then that they proceed and value the whole undivided and make return of their proceedings to the next Orphans Court, as well under the hand and seal of the said Sheriff as also under the hands and seals of the said Jurors whose oaths and affirmations such Inquisition shall be taken. vol. B, p81 On Motion. Rule that the children of Soloman Toms decd. on their legal representating as guardian be and appear at Chambersburg, at an orphans court there to be held on the second Tuesday in June next then and there (in right of their father) accept, or refuse to take a part of the real Estate of John Toms (their grand father) late of washington township and to be served personally. On motion. Rule that the heirs and legal representatives (or their guardians) of Abraham Toms, decd. (eldest son of John Toms late of washington township in the County of Franklin decd. be and appear at Chambersburg at an orphans court, there to be held on the second Tuesday in June next and then and there (in right of their father Abraham Toms) accept or refuse to take as part of the real estate of John Toms (their grand father) late of washington township in the County of Franklin County and notice to be given equally to law. vol. B, p164 23rd August 1815. On Motion. of Mr. Crawford by the first day of the next Orphan Court rule to show cause why the Inquisition into on the real estate of John Toms late of Washington Township decd. should not be set aside. Same day. On Motion of Mr. Brown, rule on the heirs of Representating of Abraham Toms & also on the heirs & Representatings of Solomon Toms to be held at Chambersburg in the County of Washington on the Second Morning in November next & take or refuse to take the real estate of John Toms decd. vol. B, p176 The County also took into consideration the administration account of Catherine Toms, John Toms & Samuel Toms, Administratings of the estate of John Toms decd. and did approve thereof whereby it does appear that the sum one thousand four hundred & seventeen dollars & eight cents remaing in the hands of the accountants subject to distribution according to law. vol. B, p182 24 January 1816 On Motion Rule on the heirs & representatives of Abraham Toms and also on the heirs and representatives of Solomon Toms decd. to appear at an Orphan Court to be held at Chambersburg in the County of Franklin on tuesday the twelfth day of March next and then and there take on representating the real estate of their grand father John Toms decd at the valuation thereof. vol. B, p202 The Inquisition held by William H____ Esq. High Sheriff of the County of Franklin on the real estate of John Toms late of the Township of Washington in the County aforesaid consisting in two tracts of land situate in the Township of Washington aforesaid, and hereof containing two hundred & ten acres, the other containing fifty acres, held on the twenty third day of June 1813, in pursuance of an order of this County dated the 18th day of June 1813, whereby it does appear by the oath of William Ble____ Esq. William Mooney, Jenny McKay, John Micodenny, William Fulton, John Flanagan, Charles Mounan John Wilson and George Coffey & by the affirmation of Daniel Hefleybour, John Stoney & Andrew Friedly twelve free horses and lawful men of his bailiwick who on their oaths and affirmations aforesaid respectively do say that they went to the ____ Tenement and tract of land whereof John Toms in the said order named died seized & also twenty to the tract of land adjoining Wendel Gilbert and having viewed both tracts item & there did find that the same could not be parted & divided to & among the parties in the said writ named without prejudice to & spoiling the whole thereof. And the Jurors aforesaid upon their oaths & affirmations aforesaid respectively do say that the premises in the said writ mentioned will conveniently accomodate three of the children of the said estate, & that they have divided the said lands & Tenements in the following manners by metes & bounds to wit One ___part thereof including the mannor house improvements Beginning at a Lost pine running thence North forty two degrees east nineteen perches South forty three & half ___ fifteen perches North fifteen & half degrees East ninety six perches North Eighty one & half West twenty eight perches North four & half East ninety two perches & seven tenths South fifty eight West one hundred & three perches South eight & half West Sixty three & half perches S. Sixty seven & half East twenty three perches South seven & half East twenty six perches and six tenths South forty eight East sixty one perches & two tenths to the place of Begginning with the addition of a tract of mountain land supposed to be fifty acres as stated in the Petition containing One hundred and twenty seven perches three roods & three perches and allowed which the Jurors aforesaid do appraise & value at the sum of Slx throws and eight hundred & Sixty dollars and thirty nine cents being the whole amt. And the Jurors aforesaid do further say that they have laid off & divided the lands aforesaid by the following metes & bounds leaving the second division on purpart bounded as follows North forty two East nineteen perches South forty three & half East fifteen perches North fifteen & half East Ninety six perches North Eighty one & half West twenty eight perches North four & half East Ninety two perches and seven tenths South sixty two East forty one perches & two tenths, South twelve & three fourths West fifty four perches, South eighty four & a half East, thirty two perches South three & one fourth West Niney four perches South eighty one & an half east fifty six perches South eight degrees East Sixty perches and five tenths North eighty one & half West One hundred and eighty perches North forty eight degrees West forty three perches and three tenths, to the place of beginning containing seventy seven perches & eighteen perches which last Mentioned purparty being the second part of the land beforesaid the Jurors aforesaid do Value and appraise at the sum of fifty six dollars per acre, Amounting in the whole to the su of four thousand three hundred and eighteen dollars & fifty cents. And the Jurors aforesaid do further say that they have laid off & divided the lands aforesaid by the following metes & bounds leaving the third purpart bounded as follows South twelve & three fourth degrees west fifty four perches South eighty four & a half east thirty two perches South three & one fourth degrees West ninety four perches South eighty one & an half degrees east fifteen six perches North eight West thirty nine & half perches South Eighty seven degrees east thirty five perches North eight & half West fifty six perches North forty seven & a half degrees west fifty three perches North thirty three degrees East three & a half perches North sixty two degrees West fifty nine perches & six tenths to the beginning containing fifty five acres two roods & fifteen perches at fifty eight collars per acre, Amounting to three thousand two hundred & twenty dollars and eighty one cents. As & for which sums aforesaid the request valued & appraised the said purpart respectively. Whereupon 9th March 1814 Inquisition returned & approved of by the Court & now Viz 12th March 1816, It appearing to the Court that notice had been given to the heirs of Soloman Toms & Abraham Toms according to the act of Assembly, & neither they or any person in their behalf appearing And David Toms second son, John toms third son & Samuel Toms fourth son appeared in open Court & Testified their desire to take the real estate of their Father John Toms decd. at the Valuation thereof, continued until the President be present. 15th April 1816 Contd. till monday next & now 22d April 1816. David Toms aforesaid again appeared & Testified his desire to take purpart ___at the revaluation thereof. Whereupon the Court do decree purpart Second to the said David Toms as his freehold, to him his heirs & Assigns forever he entering into a recognizance for the payment of the respective Shares to the other heirs & legal Representatives of the said deceased; which recognizances taken and acknowledged in open Court are as follows Viz. David Toms bound unto the heirs & legal representatives of John Toms decd. in the sum of Four Thousand two hundred & ninety eight dollars & fifty cents it being the amount of the valuation of purpart second after deducting its proportion of the costs of this proceeding ; conditioned for the payment of the sum of Two hundred & sixty dollars & fifty one cents in one year from the state hereof with Interest & the further sum of one hundred & thirty dollars & twenty five cents at the death of the Widow to the heirs & Representatives of Abraham Toms decd. See January to April Term 1818 No. 63.
Person ID	I11194	TangledRoots
Last Modified	7 Jul 2021

Father	Living
Mother	Caltherine, d. 1770
Family ID	F4519	Group Sheet \| Family Chart

Family Catherine English, b. 1751, County Dublin, Ireland , d. 1817, Frederick County, Maryland, United States (Age 66 years)

Married 1770 Frederick County, Maryland, British Colonial America

Children

	1. Abraham Toms, b. Abt 1771, Frederick County, Maryland, British Colonial America , d. Abt 1816 (Age 45 years)
	2. Elizabeth Toms, b. 12 Dec 1772, Frederick County, Maryland, British Colonial America , d. 1828, Miami County, Ohio, United States (Age 55 years)
	3. Hannah Toms, b. 6 Oct 1775, Frederick County, Maryland, British Colonial America , d. 24 Mar 1824, Washington, Franklin County, Pennsylvania, United States (Age 48 years)
	4. Susannah Toms, b. 1776, Frederick County, Maryland, British Colonial America , d. 1 Dec 1856, Quincy, Franklin County, Pennsylvania, United States (Age 80 years)
	5. David Toms, b. Abt 1777, Frederick County, Maryland, British Colonial America
	6. Solomon Toms, b. Abt 1781, Maryland, United States , d. 1811, Franklin County, Pennsylvania, United States (Age 30 years)
	7. John Toms, b. 1783, Maryland, United States , d. Yes, date unknown
	8. Samuel Toms, b. 6 Oct 1784, Maryland, United States , d. 13 Dec 1852, Washington, Franklin County, Pennsylvania, United States (Age 68 years)
	9. Catherine Toms, b. Abt 1790, Maryland, United States , d. Abt 1860 (Age 70 years)
	10. Elias Toms, b. 1795, Maryland, United States , d. Yes, date unknown
	11. Living

Last Modified 16 Jan 2022

Family ID F4255 Group Sheet | Family Chart