Thomas Hearn ¹

  Notes:

The birth years of the sons of Thomas Hearn are estimated based upon when they show up in the Somerset Tax Lists (they must be age 15 before they are listed as taxable).

Thomas Hearn made a deposition "age about 40 years" in 1726 concerning boundaries of land as recorded in the Somerset court records: "Somersett County fs: Thomas Hearn aged about forty Years being sworn on the Holy Evangelist of almighty God and Laith his hand upon the white oak standing in the old field deposeth that some time agoe being in Company with Andrew Caldwell & Jno rion the said Andrew told this Deponent that white Oake was ye first Bounder of a tract of Land Called Maiden head now in the possession of John Caldwell as Tho.s Cox told him ho sould said Land to his father and showed him when they first Come there to Live being about forty Years ago and going a Little into the woods along a path to ye westard that Leads to Jno Catons this deponient Comes to ye s.d stooping white oak & laying his hand thereon decleared that in Like Manner Andrew Caldwell showed him that tree and told him it was the Second Bounder of said Maiden head as Thos Cox told him when he showed his father & him the first Bounder of Said Land and further Saith Not --Sworn before us this 10th day of Oct 1726." This would place his birth year at 1686. (SoJ-1727/30:93)

On Sep 27 1728, Ebenezer and Benjamin Handy filed suit against Thomas Hearn in Somerset Co. claiming he owed them 40 bushels of Indian corn. He claims he paid the 40 bushels and then they claimed he owed damages totalling 80 bushels. A jury was empanelled and the Handy's lost the suit and had to pay Hearn 332 pounds of tobacco charges and costs. (SoJ-1727/30:208-210)

On Aug 19 1730, William and Thomas Hearn each purchased half (425a) of the 850a tract called "Stains" from Thomas Layfield and wife Catherine. (SoLR-SH:280,281). This may imply that Catherine Layfield was the mother of Thomas/William Hearn where her previous husband William Hearn had died (intestate) and she was giving up her dower rights to her sons. More reseach needed to be sure, however- this is speculative. Thomas Hearn then conveys 125a of his portion to his son Nehemiah on Sep 21 1745 and then 150a to son George on Dec 1745. (Ibid-X:171,176 resp.) This land is located south of Delmar, MD bounded on the south by the upper branches of the Wicomico River and extending northward to include Connelly Mill Road and Foskey Lane areas.

In the March 1733/4 court for Somerset, we find the following listing: "Ordered by the Court that
Thomas Hearne be Overseer of the Roads from James Kings to Coxes Branch and that the Road
from James King to the Cypruss Bridge be No Longer a County road but that a New road be Cleared from said Kings Over Coxes Branch to Stevenses Bridge According to the Directions of said Cal^d^well and Ebenezer Handy &a" (SoJ-1733/35:139). In November 1733 Joshua Caldwell and Thomas Hearn, both planters, gave security for John Carr's petition to run an ordinary or ale house in Somerset. (Ibid:85)

Hearn was brought to court in 1736 for assaulting one Robert Mills: "The Jurors for the right honourable the Lord proprietary that now is for the body of Somerset County afd upon their Oath do present that Thomas Hearn late of Stepney parish in the County afd planter the first day of November Anno Dom seventeen hundred thirty and six at the parish afd in the County afd within the Jurisdiction of this Court in and upon a Certain Robert Mills of the same County planter in the peace of God and of the said Lord proprietary then and there being with force and arms An assault did make and the same Robert then and did beat wound and evilly treat so that of his life it was much despaired and other harms to him then and there did to the great damage of the same Robert [illegible] peace of the said Lord proprietary that now is his good rule and Goverment &c
Test Robt Mills Isaac Handy Mitchell Dashiell
On the foregoing Bill of Indictmt it was Endorsed viz.t Ignoramus William Jones foreman afterwards to witt the Sixteenth day of November anno Dom One thousand seven hundred and
thirty Six before the Justices of his Lordships County Court of Somerset now here held at Dividing
Creek in and for the Same County Came the said Thomas Hearn in his proper person according to a certain Recognizance by him ^and his security^ before acknowledged and prays that his appearance may be recorded and he and his Security accordingly ^be^ discharged &c Thereupon the said Thomas Hearns appearance is recorded and he and his Security accordingly discharged &c." (SoJ-1735/37:271)

Thomas Hearn had two land tracts surveyed for him: "Hearns (Ad)Venture" for 100a on Nov 28 1740 and "St. Kitts" for 50a on Dec 11 1759. The land is located just west and a bit south of modern Delmar, MD/DE along Waller Road where it bends southwest ward heading west from Delmar. In 1740, "Hearns Adventure" was indicated to have the following improvements: 19a cultivated land inclosed with fence rails, 28 apple trees, one pear tree, 100 peach trees, 11 cherry trees with a logged tobacco house 20'x16', and old logged house 15'x12', a house 10'x10' and three logged corn stacks.

In the November court of 1740 we find: "Ordered by the Court here that Thomas Hearn recover against Alex.a McCants one hundred and twenty pounds of tobacco being due unto him for his Attendance four days as an Evidence on behalfe of the said Alexander McCants at suit Joshua
Caldwell he having made Oath to the same &c" (SoJ-1740/42:54)

Hearn was deposed by the Council of Maryland to help define the boundary between Maryland and Delaware in 1759 when he was "age 69 years or there abouts" : "Worcester County sst Thomas Hearne of Somerset County in the Province of Maryland Gent Aged Sixty nine years or there abouts being sworn on the holy Evangels of Almighty God Deposeth and saith that in the year of our Lord One thousand seven hundred and thirteen he this Deponent Travelled from the Head of Nanticoke into Sussex County where he met with one Abel Pride a liver there who informed this Deponent that Green Branch and the Beaver dam Drains were the Division between the Province of Maryland and the County of Sussex And this Deponent further saith that in the year of Our Lord seventeen hundred and thirty two he this Depont was Sub sheriff to Joshua Caldwell high Sheriff of then Somerset County and that all the Inhabitants to the Southwestward of the aforesaid Branch Beaverdams & Drains paid their Levies unto him this Deponent & submitted to any Precept he had against them from the then County of Somerset And this Deponent further saith that he was informed that the Inhabitants of the Eastermost side of the Branch Beaverdams & Drains aforesaid were within the County of Sussex and those of the Southwest Side were within the Province of Maryland And this Deponent further saith that in the year Seventeen hundred & thirty one he was present when a Certain John Caldwell then Deputy Surveyor of Somerset County Surveyed a Parcel of Land for one Dobson near the aforesaid Drains and that he this Deponent then heard the said Caldwell say that the aforesaid Drains were the Division between the Province of Maryland and the County of Sussex And this Deponent further saith that the Bridge across Gravelly Branch at the Place formerly called the Wading Place is six or seven Miles within the reputed lines aforesaid of the Province of Maryland and further this Deponent saith not. ---Thos Hearne Senr Taken & Sworn to this 29th Day of August Anno Dom 1759. Jos Collins Before Wm Ellegood" (Proceedings of the Council of Maryland, 1753/61:384)

Thomas Hearne wrote his will Jan 27 1762 and it was proven in Somerset Co., MD on Mar 26, 1762:
- To son George, negro man Hercules
- To son Ebenezer, negro fellow Jeffery and as much tobacco as to get him 5 pounds sterling
- To son Thomas, negro wench Sue
- To daughter Elizabeth, wife of Isaac Moore, negro wench Patience
- To grandsons Elisha, William and Joshua, son of my son Nehemiah Hearn, one negro boy, the eldest to get the boy and the other two to get 5 pounds each.
- To daughter Jemima Hearn, one negro fellow London, he to be hired out till she is of age or married and the money to be applied for the care of my youngest children. She also to get feather bed/furniture and bedstead and a cow/calf and a large pewter dish and basin, 3 new pewter plates and spoons and a spinning wheel
- To son John, 100a of land called "Hearns Venture" and 50a of "St. Kitts" plus a feather bed, cow/calf, large pewter dish/basin, 3 pewter plates/spoons, small gun, my black vest/britches, my best hat, negro wench Doll and her increase, and negro wench Hannah
- To daughter Mary, w/o Joshua Morgan, 20 pounds, all she is to get
- To daughter Sarah Hearn, feather bed/furniture, cow/calf, pewter dish/basin, 3 new pewter spoons, negro girl Pegg
- To daughter Ann Hearn, feather bed/furniture/bedstead, cow/calf, pewter dish/basin, 3 new pewter spoons, negro boy Andrew
- To daughter Esther, w/o Benjamin Vincent, negro boy Holborn,
- To James Hearn, the son of William, 150a of land taken out of the 420a tract called "Stains" near Coxes Branch
- Rest of moveable estate to be divided equally amongst all my children
- Son Thomas to be executor
Witnesses: John Williams, Elijah Hearn, George Martin (SoW-EB4:93)

Thomas married Sarah Newbold, daughter of Thomas Newbold and Jane (?), about 1714 in Somerset Co., MD. (Sarah Newbold was born on 01 Nov 1691 in Somerset Co., MD and died before 1762 in Somerset Co., MD.)