James Waters (abt. 1683 - bef. 1741)

Born about 1683 in Charles County, Province of Maryland [uncertain]

Husband of Margaret (Cornell) Waters — married before 2 Oct 1716 in Charles County, Province of Maryland

Husband of Elizabeth (Unknown) Conner — married about 1730 in Charles County, Province of Maryland

Descendants

Died before 21 Feb 1741 before about age 58 in William and Mary Parish, Charles County, Province of Maryland

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Biography

James Waters was a Maryland colonist.

James Waters is the son of John Waters and his wife, Penelope.

He resided in Charles County, Maryland, inheriting from his father an equal share with his two youngest brothers in the plantations "Bristol" and "James Guift".

James married around 1714 to Margaret Cornell, the widow of James Tyer, Jr.

His wife brought substantial real estate holdings into the marriage, which she inherited as her father's only child. These plantations were "Dover", "Hopewell" and "Batten's Clifts".

Together with Margaret, James had nine children:

1. James Waters
2. John Waters
3. Elizabeth Waters
4. Dorothy Waters
5. Susanna Waters
6. Lidia Waters
7. Mary Waters
8. William Waters
9. Catherine Waters

A special relationship (yet unknown) with Rapheal Neale is seen in a series of back and forth real estate transactions between 1717 and 1719 concerning the tract, "Hopewell".

James became a widower and later remarried to a woman named Elizabeth.

His will, written 3 October 1740, proven 21 Feb 1740/1, names his second wife, his children William and Catharine and no others. However, his other children are listed as such in administration records.

James' eldest son, also named James Waters, was the administrator for his estate. He already had his inheritance shored up by the laws of primogeniture and therefore, did not need to be named in the will. He inherited his father's land, "Bristol".

The rest of James' unmentioned children were daughters. He may have already given them their share of his estate as dowery when they married.

However, James Waters was a strict Roman Catholic and devised in his will that his named children would lose their inheritance should they marry a Protestant or otherwise embrace a Protestant faith. It is possible that the other children are missing from his will because they broke with the Catholic faith.

His will also names a Peter Garrett, Sr. and son Peter Garrett, Jr. of St. Mary's County - relationship as yet unknown. He also names any Waters relations in County Sloughah [sic Sligo] in West Ireland - which may be indicative of his birth place or that of his father.

Land Transactions

19 October 1717. Indenture from James Waters and Margaret his wife to Raphael Neale, for 25,000 pounds of tobacco, 3 parcels of land containing 750 acres: "Hopewell", "Batton's Clifts" and "Dover".

12 Nov 1717 - Raphael Neale to James Waters, for £50 and "natural love and affection", two parcels of land called "Hopewell" and "Battons Clifts" containing 500 acres, and 200 acres part of 300 acre tract "Dover"; total of 3 tracts containing 750 acres.

9 June 1719. Indenture from James Waters, tailor, and Margaret his wife, to Raphael Neale, Gent., for 20,000 pounds tobacco; a 200 acres parcel called "Hopewell"; bounded by land of Richard Watson called "Wakefield" on the Potomac River; also land on the east side of the Potomac adjoining land of Richard Watson of 350 acres; also a 200 acres tract called "Dover" on Hampton creek and the Potomac River.

9 June 1719. Indenture from Raphael Neale, Gent., to James Waters, tailor, for 20,000 pounds tobacco, 200 acres "Hopewell", 350 acres tract baounded by Richard Watson land "Watfield", 200 acres "Dover".

Probate

In the name of God, Amen. I, James Waters, of Charles County in the Province of Maryland, being very and weake of body but of perfect and sound mind and memory do make this my last will and testament in manner of form following - Imprimis. I give and bequeath to my well beloved wife, Elizabeth Waters, one third part of the plantation I now live on known by the name of Dover, that is I will to her during her natural life. - I give and bequeath to my son, William Waters, the remaining part of the said tract of land to him and the heirs of his body lawfully begot and for want of such heirs I give and bequeath the said land to my daughter Catherine Waters and the heirs of her body lawfully begot. And for want of such heirs to Peter Garrick Senior and his son Peter Garret, both of St. Mary's County, by occupation taylor, to them and their heirs lawfully begot. For want of such heirs to the name of Waters that any relation of that to them and their heirs forever living County Sloughah in the west Britons. - Item. I give to my well beloved wife, Elizabeth Waters, one negro man named Toney during her natural life. - Item. I give to my son, William Waters, one negro man named Jack. - Item. I give to my daughter, Catherine Waters, one negro wench named, Volluby, in case she marrys a Roman Catholick or live single life but in case she marrys a Protestant, I will the said negro woman to my son WIlliam Waters. - Item. The remaining part of my personal estate I will to be equally divided betwixt my wife and two children but in such sort that if either my children should apostatize from their religion or marry contrary to Roman religion the other to have two parts but principally I will that any just debts be duly discharged. In witness hereof I have hereunto set my hand and seal this third day of October 1740. { W } James Waters

Test: Josh. Wilson, Luke Scantlong, Mathew Martin

Item. I give to my son, William Waters, all the best of my wearing cloths, that is my best coate and vest, my best hatt, a couple of my best shirts, one pair of my best shoes & stockings, my best great coate & my best breeches & my best trousers. - Item. I give May Price barrell of corn. - Item. I give Widow barrell of corn. I hereby constitute and appoint Mr. John Caseen and Ignatius Doynes as Trustees over my two children, William and Catherine Waters.

Proven 21 Feb 1740/1. Heirs at law William Waters and Catherine Waters, having notice, refused to be present when will was probated.

Slaves

Both his will and an inventory of James Waters' estate lists the following persons enslaved in chattel bondage:

1. Toney
2. Jack
3. Bolubo (Volluby/Bolybo)

Sources

• "Maryland Register of Wills Records, 1629-1999", digital image, FamilySearch (Online: Intellectual Reserve, Inc., 2010), [Original source: Prerogative Court (Charles County, Maryland), Hall of Records, Annapolis, Maryland, "Wills 1734-1752 vol 4", pp. 120-122]

• "Maryland Register of Wills Records, 1629-1999", digital image, FamilySearch (Online: Intellectual Reserve, Inc., 2010), [Original source: Prerogative Court (Charles County, Maryland), Hall of Records, Annapolis, Maryland, "Administration accounts 1738-1759", pp. 66-67]

• "Maryland Register of Wills Records, 1629-1999", digital image, FamilySearch (Online: Intellectual Reserve, Inc., 2010), [Original source: Maryland, Register of Wills (Charles County), "Inventories 1735-1753", pp. 144-145]

• Jourdan, Elise Greenup, "Abstracts of Charles County Circuit Court, Court and Land Records, Volume 3, 1694-1722", (Rockville: Willow Bend Books, 2000), pp. 147-148, 167

• "Deed between James Waters to Raphael Neale", 19 Oct 1717, PDF file, MDLandRec (Online: Maryland State Archives, 1999-2016), [Original source: Prince George's County (Maryland) Court, Land Records Department, Deed Book H 2, p. 104]

• "Deed of gift Between Raphael Neale to James Waters", 12 Nov 1717, PDF file, MDLandRec (Online: Maryland State Archives, 1999-2016), [Original source: Prince George's County (Maryland) Court, Land Records Department, Deed Book H 2, p. 101]

• "Deed James Waters and Raphael Neale", 9 Jun 1719, PDF file, MDLandRec (Online: Maryland State Archives, 1999-2016), [Original source: Prince George's County (Maryland) Court, Land Records Department, Deed Book H 2, p. 255]

• "Deed from Raphael Neale, Gent., to James Waters, tailor", 9 Jun 1719, PDF file, MDLandRec (Online: Maryland State Archives, 1999-2016), [Original source: Prince George's County (Maryland) Court, Land Records Department, Deed Book H 2, p. 260]

See also:

• https://www.colonial-settlers-md-va.us/getperson.php?personID=I011178&tree=tree1