James Waters I

 

 

 

 

 

 

It has been difficult to find exact dates for the first James Waters. It would appear he was of age in 1709, when he was a bondsman for his brother, Joseph Waters. Using that, it can be determined he was probably born between 1680 and 1690. His marriage date is no more definite. He married sometime between 20 May 1712 and July 1715.

Margaret Carnell (Cornell) was the wife of James. She had first been married to James Tyer (Tyler). The Tyer will was admitted for probate 20 May 1712. He named his wife, Margaret, as executrix.

Before the completion of the administration of the estate of James Tyer by his widow, she had married James Waters as follows: July session of the Prerogative Court during 1715, James Waters and Margaret , his wife, "The executors of the estate of James Tyer, late of Charles County, deceased," petitioned the Commissary to pass their account.

James Waters served many times as bondsman for his neighbors:

2 Feb 1724/5 surety for Rebecca Tyre, the administratix for John Glass.

Feb 1725/6 surety for Joseph Crismond, administrator of Joseph Crismond, Sr.

5 March 1725/6 James Waters of Charles County, Planter, bought of Benjamin McKay of St. Mary's County, for 10,000 pounds of tobacco, 15 acres of land patented 30 Jan 1668/69 by Justinian Dennis, formerly lying in St. Mary's County, but then in Charles County, known as "Mile End", adjoining the land of John Gwynn and John Brooks.

4 April 1726 proved will of Walter Story.

17 Dec 1726 was administrator of estate of Peter Collins

2 May 1734 surety for Elizabeth Compton, the administratrix of William Compton.

8 Jan 1738 surety for George Thomas, the executor of George Thomas, Sr.

19 Oct 1717 James Waters and wife, Margaret, of Charles County, conveyed to Raphael Neale, for a consideration of 20,000 lbs. Of tobacco the tract "Hopewell", "Batton Clift" of 550 acres, and "Dover," containing 300 acres. James signed his name, while his wife, Margaret, made her X mark.

9 June 1719 James Waters of Charles County, described in the deed as "taylor" and Margaret his wife, reaffirmed their conveyance of above land. This time Margaret Waters signed her name.

1734 James Waters patented "Waters Addition" of 26 acres, lying in Charles County.

James Waters died intestate, sometime the fall of 1742. His son, James Waters, Jr. (II) was appointed administrator.

James and Margaret had at least 7 children: James, Lidia Perrie, John W., Dorothy St. Claire, Mary, Susannah Gallon and Elizabeth Gallon. Margaret had two daughters with her first marriage---Rebecca and Ann Tyer.

MARGARET CARNELL TYER WATERS

She was the daughter of Joseph Carnell. Again no dates have been found for her. Her father's will was proved in Charles County 30 Jan 1693/94. At that time, she was underage.

Joseph Carnell wrote his will 16 December 1693 and said he was from "Pyckyawaxon" of Charles County and was a "Planter". There are a few lines that are very interesting. At one point he says he is "sorry from the bottom of my heart for my sins past and humbly desiring forgiveness for the same."

Later Joseph Carnell says "I do give and bequeath unto my said daughter Margaret Cornell the plantation whereby I now live with appurtenances and land there unto belonging being two hundred acres being part of a tract or parcell of land called Dover containing three hundred acres in all to have and to hold the said land and plantation with the appurtenances unto her the said Margaret Carnell and her heirs forever but in case it shall please God that my said daughter Margaret Carnell shall happen to dye before she comes to age or without heirs lawfully begotten on her body then I do give and bequeath the above said land and plantation with the appurtenances as also the other two tracts or parcells of land called Hopewell and Battons Clifts unto my son in law William Wozzell and to my daughter in law Mary Lovett ats? Herberts the wife of William Herberts of Charles County to have and to hold the said land and plantation with the appurtenances and the above said two tracts or parcells of land called Hopewell and Battons Clifts with their appurtenances unto them and their heirs forever and the same to be equally divided between them but in case either my son in law William Wozzell or my daughter in law Mary Lovett ats? Herberts the wife of the said William Herbert shall happen to dye without heirs lawfully begotten on their bodys the survivor of them to enjoy and possess the said land and plantation with the appurtenance and the above two tracts or parcels of land and their appurtenances to his or his heirs forever.

Item: I give and bequeath unto my son in law William Wozzell one young horse and ______ _______saddle and the said horse to be delivered to him he is fitt to be broke and made use of.

Item: I do give and bequeath unto William Ward all my wearing apparell.

Item: I do give and bequeath unto my daughter Margaret Cornell one young filly about nine months old with her increase and the said filly with her increase to be for the use of my daughter."

Joseph Carnell appointed, as he sole executor, William Herbert.

Joseph gave instructions for the care of Margaret Carnell and William Wozzell. "And it is further my will and desire that my son in law Wm. Wozzell be and remain with the said William Herbert, my executor until he comes to aid of twenty years and also that my daughter Margaret Cornell be and remain with executor until she come to age or marriage which shall first happen."

 

From all this, it sounds like Joseph had a couple of "extra" children. I do not know how the term "son in law" was used, but Joseph seems especially worried about his "past sins" and anxious to know that William Wozzell had a guardian.

Another will tells where Joseph Carnell acquired some of his land.

John Pope of Charles County wrote his will 25 Sept 1784. In it he said "I give and bequeath unto my well beloved friend Joseph Cornell of Charles County a parcel of land called Battons Clifts being three hundred and fifty acres." Later he said, "I give and bequeath unto Joseph Cornell above mentioned my grey horse called Anthony."

So, when James Waters and wife, Margaret, sold the three tracts of land 19 Oct 1717 for 20,000 pounds of tobacco to Raphael Neale, they were selling Margaret's inheritance from her father.

Some researchers think Joseph Carnell's wife was Margaret Newman. No documentation has been found. A Margaret Newman was the daughter of George Newman, born 1 Sept 1629 in England. He came to Maryland and married about 1655 to Lydia Ashcomb. George Newman died in Maryland about 1683.