Benjamin Gaither (1682 - bef. 1741)

Born 20 Feb 1682 in South River, Anne Arundel, Province of Maryland

Ancestors

Husband of Sarah (Burgess) Gaither — married 8 Sep 1709 in Anne Arundel, Maryland

Descendants

Died before 31 Aug 1741 before age 59 in Anne Arundel, Province of Maryland

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Biography

1681 Birth and Parents

Benjamin Gaither. Benjamin Gather born 20 Feb. 1681/2 and baptized. All Hallows Parish, Anne Arundel County. ^[1]

Benjamin Gaither^[2]

Benjamin Gaither was b. 20 Feb 1681/2, ^[3]

February 26 1679/80 South River, Anne Arundel County, MD

20 FEB 1681 South River, Anne Arundel, Maryland, USA^[2]

Siblings

Ruth Beard Gaither had eight children, seven with her first husband John Gaither, and one with her second husband, Francis Hardesty.

1. John Gaither III. John Gather born 15 Jan. 1677/8 and baptized. All Hallows Parish, Anne Arundel County. ^[1] Married first Jane Buck' 21 Aug. 1701; ^[4] Parents of Charles Gaither. ^[4] Married second Elizabeth Duvall Warfield 20 August 1719'^[5] Died between 4 May and 20 June 1739 Anne Arundel Co., MD ^[6] Probate 20 Jun 1739, Anne Arundel County, Maryland ^[7]
2. Ruth Gaither. Ruthe Gather, born 8 Sep. 1679 and baptized. All Hallows Parish, Anne Arundel County.^[1] Married first John Warfield 16 Feb. 1696; ^[8] Married second Daniel Carter 17 June 1719;^[8] living 1728. ^[9] Died after 9 Jan 1726/27, Anne Arundel County, Maryland (Age > 48 years)^[7]
3. Benjamin Gaither. Benjamin Gather born 20 Feb. 1681/2 and baptized. All Hallows Parish, Anne Arundel County. ^[1] Married Sarah Burgess 8 Sep. 1709;^[8] d. between 26 Mar. and 31 Aug. 1741 Anne Arundel Co., MD when he wrote his will. ^[10] Died 31 Aug 1741, Anne Arundel County, Maryland - Probate (Age 59 years)^[7] His children were baptized in All Hallows Parish. ^[11]
4. Rachel Gaither Rachell Gather, born 19 Apr. 1687 and baptized. All Hallows Parish, Anne Arundel County.^[1] Married Samuel White. ^[12] Died after 1755, Anne Arundel County, Maryland (Age > 69 years)^[7]
5. Edward Gaither Edward Gather, born 28 Sep. 1689 and baptized. All Hallows Parish, Anne Arundel County. ^[1] Married first Mary Duvall 21 Feb. 1709;^[8] Married Second, Rachel ;^[8] Married third Margaret Sellman Williams ^[13] died between 2 Jan. and 10 Apr. 1741 Anne Arundel Co, MD ^[13] Died 10 Apr 1741, Anne Arundel County, Maryland - Probate (Age 51 years)^[7]
6. Mary Gaither Mary Gather, born 13 Apr. 1692 and baptized. All Hallows Parish, Anne Arundel County.^[1] Married first Joseph White 9 Feb. 1709^[8] Married second Edward Nichols (or Nicholson). Died after 1734, Anne Arundel County, Maryland (Age > 43 years)^[7]#Rebecca Gaither Rebeckath Gather, born 24 May 1695 and baptized. All Hallows Parish, Anne Arundel County.^[1] Married Richard Simpson or Stimson. Living 17421. Died after 1744, All Hallows Parish, Anne Arundel County, Maryland (Age > 50 years)^[7]
7. Susannah Gaither Susana Gather, daughter of John Gather and Ruth, born 22 July 1697 and baptized July 1698. All Hallows Parish, Anne Arundel County. ^[14] Also Susan) b. 22 July 1697^[8] She died young ^[15]
8. Francis Hardesty, born 27 Feb 1707/08, All Hallows Parish, Anne Arundel County, Maryland died before 1744 in Prince George's County, Maryland ^[16] He married Alice Brown, daughter of Mark & Susannah (Ijams) Brown.^[15]

1709 Marriage

He married Sarah Burgess, 8 Sep 1709. ^[3]

1709 Guardian of Josiah Darby

In 1709, Josias Darby chooses Benjamin Gaither as guardian who will educate him.

"At a court of our Sovereigne Lady, Queene Ann of Great Britaine ext. held at the City of Annapolis for Ann Arundell County, the Ninth day of August, in the Eighth Year of her Matyes reigns, ex Anno Die, 1709.

• Josiah Darby, comes into court and by consent thereof chuses Benjamine Gaither his guardian.
• Josiah Darby by consent of his mother, Rebecca Jones, binds himself to Benjamin Gaither till he attaine the age of twenty years, he being now fifteene years of age, and the said Benjamin Gaither to teach him to build tobacco houses and sett up tobacco hhds, and learne or cause the said Josiah Darby to read in the bible and at the expiration of the aforesaid terme to give him clothes according to Act of Assembly in such cases made provided." ^[17]

Enslaved Persons

Benjamin Gaither was a slaveholder. In addition to those referred only as "one good Negro", the following enslaved persons are named in his will:

• Negro girl Jemima to son Benjain
• Negro called Peter to son John
• Negro called Jack to daughter Elizabeth Daviss

1741 Will and Death

Death

31 AUG 1741 Anne Arundel, Maryland, USA^[2]

He died between 26 Mar and 31 Aug 1741 in Anne Arundel Co, MD, when he wrote his will. ^[3]

Will

In the Name of God Amen the Twenty Sixth Day of March in the Year of our Lord one thousand Seven hundred & forty One I Benjamin Gaither of Ann Arundel County do make this my Last Will & Testament in manner and form following my will and meaning is that the same shall be Imployed and bestowed as hereafter by this will is Expressed and first I do make renounce frustrate and make void all wills by me formerly made and Declare and appoint this my Last Will and Testament.

Imprimis I Give and bequeath to my well beloved wife Sarah Gaither the Mannor House wheron I now Dwell During her life & no Longer.

Item I give and bequeath unto my son Benjamin Gaither and his Heirs forever all that whole Tract of Land called Polecat Hill Lying in the fork of Polecat in Ann Arundel County with half the Orchard During his Mothers Life and the other half at her Decease also half of a Tract of Land called Turkey Neck lying in Ann Arundel County in the fork of Patuxon to him his part adjoyning to the aforesaid Polecat HIll.

Item I give and bequeath unto my son John Gaither and his Heirs forever of that Tract of Land Called Bite Biter whereon he now Dwells and to have the whole Tract Equally divd betwixt him & his brother Samuel in Goodness and acres.

I give and bequeath unto my Son Edward Gaither and his Heirs forever three hundred and fifty Acres of Land where he now dwells being part of a Tract of Land Called Benjamins Lott lying in Prince Georges County.

Item I give and bequeath unto my Son Samuel Gaither and his Heirs forever the remainig part of that Tract of Land Called Bite the Biter and the Plantation where Peter Pinkston did Live to be Equally Divided in Quantity of Acres and Goodness Betwixt him & his brother John that will together ----- Tract Equally Divided.

Item I Give and bequeath unto my Son Henry Gaither and his Heirs forever three Hundred and fifty acres of Land called Gaithers Chance Lying in Prince Georges County and to begin at the beginning Tree and to Inherit this Land at the age of twenty one years.

Item I Give and bequeath unto my Son William Gaither and his Heirs forever Two hundred acres of Land called Gaithers Fancie whereon I now Dwell with half the orchard and the remaining part of the orchard and House at his Mother's Decease and Also the Addition to Gaithers Fancie Containing on hundred and Eighty Acres of Land as also the half of a Tract of Land Being part of a Tract of Called Turkey Neck lying in Ann A. County in the fork of Patuxon and to Enjoy the Land at the Age of Twenty one Years.

Item I give to my Daughter Elizabeth Daviss and her Heirs forever the Lower part of a tract of Land Called Benjamins Lott lying in Prince Georges County containing one Hundred & Sixty Acres.

Item I give and bequeath unto my Daughters Sarah Gaither, Ann Gaither, Mary Gaither, Cassandra Gaither and their Heirs forever the remaining part of that Tract of Land Called Gaithers Chance lying in Prince Georges County Containing Seven hundred and Ten Acres to be Equally Divided amongst those four in Quantity of Acres and Goods and to Inherit the Land and ------ at the Day of their Marriage or at the age of One & Twenty.

Item I Give and bequeath unto my Son Benjamin one negro Girl called Jemima.

Item I Give and bequeath unto my Son John Gaither one Negro called Peter? which he hath now in his Possession.

Item I Give and bequeath unto my Son Edward Gaither one Good Negro between the age of fifteen & Twenty five.

Item I Give and bequeath unto my Son Samuel Gaither one Good Negro between the age of fifteen and Twenty five.

Item I Give and bequeath unto my Son Henry Gaither one good Negro between the age of fifteen & Twenty five.

Item I Give and bequeath unto my Son William Gaither one good Negro between the age of fifteen & Twenty five.

Item I Give and bequeath unto my Daughter Elizabeth Daviss one Negro Called Jack which is now in her Possession.

Item I Give and bequeath unto my Daughter Sarah Gaither one Good Negro between the age of fifteen & Twenty five.

Itme I Give and bequeath unto my daughter Ann Gaither one good Negro between the age of fifteen & Twenty five.

Itme I Give and bequeath unto my daughter Mary Gaither one Good Negro between the Age of fifteen & Twenty five.

Item I give and bequeath unto my Daughter Cassandra Gaither one good Negro between the age of fifteen & Twenty five.

Item In case any of my Children should Depart this Life before they come to their Personal Estate or Land that theirs is Equally to be Divided amongst the rest of my Children.

Item for my Moveable Estate Except the above mentioned Negroes after my Worldly Debts are paid the rest is to be Equally Divided amongst all my Children.

Item My will and Meaning is that what my Eldest Children has Received or may Receive in my Lifetime shall be Deemed as part of my Estate and part of their Portions.

Item I do appoint my well beloved Wife Sarah Gaither, Benjamin Gaither, Edward Gaither, Samuel Gaither, Henry Gaither & William Gaither my Sons to be Executors of this my Last Will & Testament as Witness my hand and Seal the Day and Year aforesaid.

Benja Gaither

Signed Sealed in the presence of us

John Thompson Thomas Davis Francis Davis

The will was proved on 31 Aug. 1741.

Children of Benjamin Gaither and Sarah Burgess

Benjamin GAITHER and wife Sarah BURGESS had children born in All Hallow's Parish, Anne Arundel Co., MD:^[3]

1. Benjamin Gaither b. 16 July 1710;11 never married; d. between 21 Apr.23 and 7 Oct. 178422 Anne Arundel Co., MD ^[3]
2. Elizabeth GAITHER b. 14 Oct. 1711;11 m.1. Thomas24 DAVIS16;24 m.2. Mark BROWN25;24 living 177434 ^[3]
3. John GAITHER b. 24 Apr. 1713;11 m. Agnes (ROGERS)26 WILLIAMS26,27; d. 6 Sep. 178428 Anne Arundel Co., MD29 ^[3]
4. Edward Gaither b. 20 Dec. 1714;11 m. Eleanor;30 d. between 26 Mar. and 11 June 1777 Montgomery Co., MD30 ^[3]
5. Samuel GAITHER b. 19 Jan. 1718;11 m. Mrs. Ann25 BURMAN5 d. between 23 Sep. and 8 Oct. 1762 Anne Arundel Co., MD25 ^[3]
6. Ruth GAITHER b. 23 Oct. 171911; d. before 26 Mar. 174116 ^[3]
7. Joseph GAITHER b. 18 Sep. 1722;11 d. before 26 Mar. 174116 ^[3]
8. Henry GAITHER b. 7 May 1724;11 m. Martha31 RIDGELY;32 d. between 13 Mar.22 and 21 Aug. 178331 Montgomery Co., MD31 ^[3]
9. Sarah Gaither b. 29 Mar. 1726;11 m.1. Richard WARFIELD22;33 m.2. John SEDGEWICK25;33 living 177434 ^[3]
10. William GAITHER b. 11 July 1728;11 never married; d. between 2 Oct. 1777 and and 7 Jan. 1782 Anne Arundel Co., MD35 ^[3]
11. Anne GAITHER b. 25 Feb. 172911 [1729/30); m. John HAMMOND22,25 14 June 1748;11 d. between 29 May 1783 and 26 June 1784 Baltimore Co., MD36 ^[3]
12. Mary GAITHER b. 17 Mar. 1732;11 m.1. Edward NORWOOD22;37 m.2. Mr. LONG22,35; d. between 13 Mar. 178322 and 14 Oct. 178839 ^[3]
13. Cassandra GAITHER b. 23 Mar. 1734/5;11 m. Thomas LINTHICUM22;38 living 7 Oct. 178422 ^[3]

Sources

1. ↑ ^{1.0 1.1 1.2 1.3 1.4 1.5 1.6 1.7} Wright, 1
2. ↑ ^{2.0 2.1 2.2} OneWorldTree
3. ↑ ^{3.00 3.01 3.02 3.03 3.04 3.05 3.06 3.07 3.08 3.09 3.10 3.11 3.12 3.13 3.14 3.15 3.16} Fredric Z. Saunders, Midvale, UT. John Gaither. Genealogy of Gaither Family of Virginia to Maryland to North Carolina. Accessed Nov 25, 2015.
4. ↑ ^{4.0 4.1} Wright, 13
5. ↑ Archives of Maryland 40:88. Cited Saunders (2015)
6. ↑ John Gaither will, MD wills 22:60 [image 62 of 545]. Cited by Saunders (2015)
7. ↑ ^{7.0 7.1 7.2 7.3 7.4 7.5 7.6} Mike Marshall. Early Colonial Settlers of Southern Maryland and Virginia's Northern Neck Counties. Profile for John Gaither 1642-1702 Accessed 1 June 2021 jhd
8. ↑ ^{8.0 8.1 8.2 8.3 8.4 8.5 8.6} Wright, Page not specified.
9. ↑ Maryland Testamentary Proceedings 28:173. Cited Saunders (2015)
10. ↑ Benjamin Gaither will, MD wills 22:380-382 [image 382 of 545]. Benjamin Gaither will transcription. Cited Saunders (2015)
11. ↑ Wright, 44
12. ↑ Benjamin Gaither inventory, MD inventories 27:1-4. Rachel White and Rebecca Stimson signed as next of kin. Cited by Saunders (2015)
13. ↑ ^{13.0 13.1} Edward Gaither will, MD wills 22:409-410 [image 411 of 545]. Cited by Saunders (2015)
14. ↑ Wright, page 4
15. ↑ ^{15.0 15.1} Find A Grave: Memorial #61430416 Memorial for Ruth Gaither Hardesty, created by P Fazzini, Nov 11, 2010. Accessed November 20, 2015
16. ↑ Mike Marshall. Early Colonial Settlers of Southern Maryland and Virginia's Northern Neck Counties. Profile for Ruth MNU Gaither Accessed 25 July 2021 jhd
17. ↑ August Court, page 76. From Genealogy of the Darby Family, George Darby, 1726 - 1788 of Montgomery Co., Maryland, by R. C. Darby, 1914, citing T. B., A. A. Co., an old book of court proceedings found in cellar of Land Record office, Annapolis.

Bibliography of Frequently Cited Works.

• Saunders, Fredric Z. (2023) Genealogy of Gaither Family of Virginia to Maryland to North Carolina Accessed 21 May 2023. Contains numerous citations, many of which are referenced separately in this profile. (2015) Citations from an earlier version of Saunders' site.
• Warfield, J.D. The Founders of Anne Arundel and Howard Counties, Maryland: A Genealogical and Biographical Review from wills, deeds and church records. Baltimore: Regional Publishing Company, 1973.
• Wright, F. Edward. Anne Arundel Couty Church Records of the 17th and 18th Centuries. Westminster, Maryland: Family Line Publications. No date

See also:

• Ramsburgh, Edith Roberts. Genealogical Department, "Daughters of the American Revolution Magazine" (The National Society of the Daughters of the American Revolution, Nov. 1923) Vol. 57, No. 11, Whole No. 375 Page 687
• OneWorldTree (The Generations Network, Inc.; Location: Provo, UT, USA) Record for John Gaither
• Find A Grave: Memorial #87800731
• 8 Sep 1709 Ancestry.com. Maryland, U.S., Compiled Marriage Index, 1634-1777 [database on-line]. Provo, UT, USA: Ancestry.com Operations, Inc., 2012. Original data: Barnes, Robert, compiler. Maryland Marriages, 1634–1777. Baltimore, MD: Genealogical Publishing Co. Inc., 1975.