Property Division of David Marshall of Camden, New Jersey and East Brandywine, Pennsylvania

Date: [unknown] [unknown]
Location: Camden, New Jersey
Surnames/tags: Marshall Sources

The 1790 will of Thomas Marshall of Gloucester County, New Jersey named five children, all sons:

• John Marshall
• Randall Marshall
• David Marshall
• William Marshall
• Thomas Marshall

William and Thomas were said to be under 15, suggesting that David was not, but probably born only a little before 1775.

In the 1850 census, we find a David Marshall reportedly born around 1780 living in Camden County, which had been formed from Gloucester County in 1844.^[1]

In the 1860 census, we find a David Marshall reportedly born around 1774 in New Jersey living at East Brandywine Twp. in Chester County, Pennsylvania.^[2]

On 8 July 1861, letters of administration were granted in Camden County on the estate of David Marshall late of Chester County, Pennsylvania deceased to Isaac McClure of Chester County.^[3]

On 15 June 1870, Mary R. Sheeley of Tuckahoe in Cape May County, New Jersey petitioned the Orphans' Court of Chester County, Pennsylvania, stating that she was an heir-of-law of the estate of David Marshal late of E. Brandywine Twp. deceased, that letters had been granted on the estate at Chester County to Isaac McClure of E. Brandywine Twp., and stating that more than one year had passed and that Isaac had neglected to present an account on the estate and hoping that the court would issue a citation commanding Isaac to present the account.^[4]

All this to say that the David Marshall whose estate went into probate in 1861 was the same man who was living in East Brandywine in 1860, that he was also connected to Camden, and was likely the man in the 1850 census record cited above, and that at least in 1860 he was about the right age to be the son that Thomas Marshall named in his will.

The record of the division of property of his estate proves beyond doubt that he was the son of Thomas, as he died without heir and so the property was divided among the descendants of his siblings. These siblings were named John Marshall, Randall Marshall, and William Marshall, leaving little doubt that these were the four sons of Thomas Marshal (youngest son Thomas seemingly having died without heir sometime after assigning power of attorney to his brother David in 1807, at which time Thomas Jr. was called a mariner). John and William lived in Camden County as well, and it was pretty clearly with William's widow and son Randall that David was living in the 1850 census.

The division of property is an essential document for the genealogy of this family, since it names all of the surviving heirs of Thomas Marshall Sr. at the time David's property was divided on 27 May 1862. The fresspace page provides a transcription of this record.

The Division Record

A transcription of the division of property of David Marshall deceased recorded 27 March 1862:^[5]

In the matter of the Exhibit & Account of Samuel P. Chew, John Clement & Ezra Stokes Commissioners to sell the Real Estate of David Marshall deceased — Taxation of Cost, Allowance of Act., Order for distribution

The said commissioners having presented an Exhibit and account in this case showing the amount of sales, with the necessary costs & charges attending the same &^c and the moneys in hand &^c It is orded [sic] that the costs and charges be Taxed as therein stated to Wit. at the sum of three hundred and forty two dollars, and that the account be allowed. and it appearing that the net proceeds of said Sales is Ten Hundred and fourteen dollars and sixty cents ($1014.60) It is Ordered that the same be paid out as follows To Wit One Third one third [sic] part thereof amounting to three hundred and thirty eight dollars and Twenty cents ($338.20) be paid out to the three living children and the representatives of the two deceased children of John Marshall dec^d who was a brother of the aforesaid David that is to Elizabeth wife of Thomas W. Stanger, to Ann the Widow of Josiah Strang, and to Rebecca the wife of James D. Dotterer be paid the sum of sixty seven dollars and sixty four cents (67.64) to each one. and the same amount ($67.64) equally divided among the six children of the said John^s deceased son Thomas To Wit, ¹Hannah, ²Mary the wife of ___ Stanger, ³John, ⁴Alfred, ⁵Charles, and ⁶Edward that is the sum of Eleven Dollars & twenty seven cents ($11.27) be paid to each one, and the same amount ($67.64) equally divided among the eight children of the said John^s dec^d son John, To Wit, ¹George, ²Henry, ³Ebenezer, ⁴John, ⁵Charles, ⁶Mahlon, ⁷Harriet, and ⁸Ann Louisa, the wife of _____ Buckelback, that is the sum of Eight Dollars & forty five cents ($845) be paid to each one. One other third part ($338.20) be paid out to the three living children & the representatives of the deceased child of Randal Marshall dec^d who also was a brother of the aforesaid David, that is, to ¹Thomas Marshall, ²to Randolph Marshall, to ³Mary the widow of Ebenezer Seely, his children and to ⁴Ann the widow of _____ Edwards the only Representative of the said Randals deceased daughter Ann, be paid the sum of eighty four dollars & fifty five cents ($84.55) to each one, and the Remaining third part ($338.20) be paid out to the five children of William Marshall Dec^d who was also a brother of the aforesaid David, that is to ¹David Marshall, to ²Jerusha, the widow of Thomas Pierce, to ³Ann the wife of Isaac Albertson, to ⁴William Marshall, and to ⁵Randal L. Marshall be paid the sum of sixty seven dollars and sixty four cents ($67.64) to each one. and the share of a minor be paid to his or her Guardian. Amount Paid out ($1014.60) E. B. Dayton Ogden Pr^s judge done in Open Court May 27th, 1862, J. H. Cowperthwait, James D. Dotterer

Sources

1. ↑ "United States Census, 1850," database with images, FamilySearch (https://www.familysearch.org/ark:/61903/1:1:M6M8-JPD : 23 December 2020), David Marshall, Waterford Township, Camden, New Jersey, United States; citing family , NARA microfilm publication (Washington, D.C.: National Archives and Records Administration, n.d.).
2. ↑ "United States Census, 1860", database with images, FamilySearch (https://familysearch.org/ark:/61903/1:1:MXPF-17N : 18 February 2021), David Marshall in entry for David Marshall, 1860.
3. ↑ Camden County, New Jersey, administrators bonds vol. A pages 21–3
4. ↑ Chester County, Pennsylvania Orphans' Court dockets vol. 26 page 447
5. ↑ Camden County, New Jersey, Orphans' Court minutes vol. C pages 259–60