The Guardianship and Administration of the Estate of Robert Lacy of Sussex County, Delaware
Robert Lacey (or Lacy) is a name that appears throughout Sussex County, Delaware throughout the 18th and early 19th centuries. The administration of the estate of one Robert Lacey 1780-1787 and the guardianship of his three children involves at least three individuals named Robert Lacey: (1) Robert Lacey, deceased, who died February 1780 and is the subject of the administration; (2) Robert Lacey, minor son of Robert Lacey (1); and, Robert Lacey, a relative and Guardian of minor Robert Lacey (2). To distinguish these individuals the following designation is used:
- Robert LaceyD =
Robert Lacey, deceased, 1780
- Robert LaceyG = Robert
Lacey, Guardian of minor son Robert Lacey.
- Robert LaceyJr = Robert Lacy, minor son of Robert LaceyD
Administration Account and Inventory
Robert LaceyD, yeoman, of Sussex County Delaware died intestate in 1780. His death appears to have been recorded in the records of the Lewes, Coolspring Presbyterian Church as 20 February 1780. [1]
On 23 February 1780, Mary Lacey and Phillip Marvel posted a bond of £2000 as Executors and Administrators of the estate of Robert Lacey, deceased. [2] An inventory of the estate of Robert Lacey was made by Simon Kollock and George Frame and reported on 2 March 1780. The estate was valued at £16,770, a considerable amount. [3] Mary Lacey, “administrartrix of all Singular good and chattels Rights and Credits that were of Robert Lacy late of the County of Sussex” makes an accounting shortly after 2 March 1780 (no date recorded) including the £16,770 from the inventory, which had been depreciated to £447:1:6.[4]
Petitions to Appoint Guardians
On 18 August 1781, Mary Lacey petitioned the Orphans Court
of Sussex County, Delaware to appoint guardians for her three minor children, under
the age of 14, of Robert Lacey, deceased: Hezekiah Lacey, Ann Lacey, and Robert
LaceyJr. She “[h]umbly prays your Worships to appoint some person
as to you shall seem fit to be Guardian to said Minors persons and Estates
during there [sic] Minority.” Signed Mary Lacy [5]
The Court considered her request and appointed her, Mary
Lacey, as Guardian and she accepted. She then provide and accounting as
Administratrix of the estate of Robert LaceyD in the amount of
£447..1..6 less £10..3..2 for her own expenses to be disbursed to Mary Lacey.
All
seems fairly straightforward until 7 August 1783. A Robert LaceyG, a nephew of the deceased, (son of John Lacey and
Ann Parker) came into the Orphans
Court and stated that a Claypoole Davidson had “intermarried” with Mary Lacey
who had been the Guardian of Robert LaceyJr, son of Robert LaceyD,
deceased. He “and others” made the case that Claypool Davidson and his wife
Mary “did not Act the part of Guardian to said minor [Robert LacyJr]
but on the Contrary used him very ill.” The Court removed Claypool Davidson as
Guardian and appointed Robert Lacey as Guardian. [6]
In the next Orphans Court entry, also on 7
August 1783, Hezekiah Lacey and Ann Lacey, the other two minor children of
Robert LaceyD, “being above the age of fourteen years” requested
that John Morris, “son of William,” be appointed their Guardian. The Court
approved. [7]
John Morris, as it turns out, is a first cousin
of Robert LaceyG and nephew of Robert LaceyD through his
sister’s (Elizabeth or Betty Lacey) marriage to William Morris. [8]
In other words, it appears that Mary Lacey, who had been
appointed Guardian to all three children of Robert LaceyD in 1781, had married Claypool Davidson after
1781 and before 1783 and that they did not perform their Guardianship duties
and, in fact, treated the third minor child, Robert LaceyJr “very
ill.” Robert LaceyG,
nephew of the deceased, stepped in to rescue Robert LaceyJr
from what seems a bad situation and the
Court approved his as Guardian.
It appears from these two entries in the Orphans Court of 7
August 1783 that of the three children of Robert LaceyD, that Robert
LaceyJr was the youngest child and under fourteen in 1783. Hezekiah
and Ann are now over 14, but only two years earlier were under 14. Hezekiah
appears to be the eldest, followed by Ann.
Both
Robert Lacey, Guardian of Robert LaceyJr and John Morris, Guardian of
Hezekiah and Ann Lacey, children of Robert LaceyD posted bonds on 7
August 1783 at £200 and £500, respectively. [9] Robert LaceyG was the first signature on the
former and John Morris the first signature on the later.
Accounting of Estate of Robert Lacey, deceased
An additional account of Claypool Davidson and Mary his
wife, “late Mary Lacey Relict and administratrix of Robert Lacey, deceased”
was produced. The accountants charge themselves with a balance of the estate
settled in August 1781 at £441 : 8 : 4. The accountants claim that mistakes were made in the
last settlement in the amount of £41 :0 : 9 [10]
Also on 25 November 1783, Claypoole Davidson and
his wife, the late Mary Lacey widow of Robert LaceyD produced an
accounting of their administration of the estate of Robert LaceyD with
a distribution of £82..19..51/2 to each of the children: Hezekiah,
Ann, and Robert. The transcribed record in the Orphans Court Docket D recorded
Hezekiah Lacey twice and the clerk meant the minor Robert LaceyJr
[11]
Accounting of Lands of Robert Lacey, deceased
On
4 February 1784 the Court was informed by both Robert LaceyG and John
Morris, Guardians, that the children of Robert LaceyD were “seized of
Lands and tenements” in Indian River Hundred and that free holders of the Court
were sent to evaluate and set an annual valuation. A separate valuation was made for the lands of
Robert LaceyJr, minor of Robert LaceyD and the lands of
Hezekiah and Ann Lacey. [12]
The
Court appointed three free holders: Simon Kollock, Esquire; Nathaniel Waples,
Esquire; and Captain William Newbold and they reported separately on the lands
of Robert LaceyD and the lands of Hezekiah and Ann Lacey. For Robert
Lacey’sJr valuation, the land in Indian River Hundred was worth one
pound, thirteen shillings, and four pence [13]; the same land was valued at
three pounds sixteen shillings and eight pence for Hezekiah and Ann Lacy. They
further described that the land contained a dwelling house, twenty feet by
sixteen feet that was made of “Hughed” logs, a pine board floor and brick
chimney. There was also a small log “Chitchen,” 567 pannels of fencing and thirteen
fruit trees. [14]
And
there things stood until three years later on 8 March 1787 when Hezekiah Lacey
appeared in Court to request that five free holders go onto the lands of Robert
LaceyD, deceased and to divide and partition the lands amongst the
three heirs, namely himself, Ann Lacey and Robert LaceyJr, all children
of Robert LaceyD .[15] The five free holders, namely Simon Kollock, Thomas
Burbagge, William Brittingham Ennis, George Mislick, and Joshua Morris employed
a skilled Surveyor, William Butcher, to survey the land for division and
partition among the three heirs. [16]
On
5 May 1787 the free holders and Surveyor returned a report that the land, 100
acres in Indian River Hundred, would not divide amongst the heirs without “marring
or spoiling” the property. [17]
On 6 June 1787, the report on the division of Robert Lacey’s land was delivered. Also, Hezekiah Lacey came into the Court and acknowledged that John Morris, his late Guardian, had fully satisfied and paid him the whole of his Estate and discharges the Guardian from his Guardianship. [18]
Presumably, Hezekiah Lacey had reached the age of 21. Hezekiah Lacey returned to Court on 7 June 1787
and asked the Court to appoint three free holders to make a “just estimate
of the intrinsic value of the lands.”
[19]
There are no other entries in the Orphans Court
regarding the matter. No record in the Orphans Court has been located as to
whether the Court appointed the requested free holders and no report was
recorded on the value of the lands. There are no records after 1787 that
mention Ann Lacey. She apparently passed away or married as only Hezekiah Lacey
appears in Court on 7 June 1787 to ask for value of the lands. No other records
are found in the Orphans Court or other Courts of Sussex County, so it
was assumed that the 100 acres remained undivided amongst the heirs.
The Death of Robert Lacey, Jr.
In
1801, Hezekiah Lacey appears as an administrator of the estate of Robert Lacey,
Jr as apparently Robert LaceyJr, son of Robert LaceyD had
died
[20]. The administration includes a final accounting of the
Guardian Robert Lacey. [21]
Both Robert LaceyG and Hezekiah Lacey
post $500 bond for the administration of the estate of Robert Lacey, Jr. [22] No mention is made in the final guardian account or in the
administration accounting of any land in possession of Robert LaceyJr.
Hezekiah Lacey appears on the 1820 Census for
Dagsboro Hundred, Sussex County, but disappears from the records after that
date. His name appears on the 1828 Tax Assessment for Dagsboro Hundred, but the entry is crossed out indicating he
moved from the area or passed away. [23] There are no probate, census or deed records in any of the
surrounding counties are states for Hezekiah Lacey.
What Happened to the 100 Acres of Undivided Land?
