Elizabeth Donaldson

** Litigation regarding husband John Johnson Sothoron’s will - Maryland

Is a beneficiary of husband John Johnson Sothoron’s will (see his Notes).

Baptist Barber & Elizabeth his Wife agt. Samuel & Richard Southern exers. of John Johnson Southern

            Libel.

Citation having been issued against defendants for answer returnable to this Court. Sheriff makes return. Whereupon said Samuel and Richard Southen by William Cummings Esq. their Procurator appear, case continued to next Court (Test Proc 32:10, St. Mary's Co., 1746.07.22)

Barber vs Southern. Ordered that attachment be issued against defendants, returnable January Court next. (Test Proc 32:29, 1746.11)

Barber vs Southern. Defendants appear in their Procurator William Cummings Esq. & file their answer to the libel. Continued to next Court. (Test Proc 32:61, 1747.03)

Barber vs Southern. Continued. (Test Proc 32:80, 1747.05)

Barber vs Southern. Notice to be given that application is to be filed. (Test Proc 32:104, 1747.07)

Barber vs Sothoron. No reply to order last Court, continued to next Court. (Test Proc 32:117, 1747.09)

Barber vs Sothoron. Premptorialy ruled for hearing at next Court. (Test Proc 32:130, 1747.11)

Before the Prerogative Court, Daniel Dulany Esq presiding:

Baptist Barber gent. Wife Elizabeth Southern widow & relict of John Johnson Sothoron late of Charles Co., who died shortly after making his will. Prosperous. Inventory claimed to be imperfect and with purposeful omission of valuable items, including slave woman, one slave boy, surveying instruments, andirons, gold ring. Claims brothers of executors owe money to the estate and refuse to pay, including money received from Mrs. Forbes. Elizabeth's father John Donaldson. Executors sued by several creditors. Barber's wife also called "Rachel." Summons issued for executors to answer charges, returnable 9 Sept 1746.

- Continued several times, answered 10 Mar 1747. The noted items were purposefully left out, since they were not rightful property of testator. The slave woman was given to Henry Greenfield Sothoron (HGS), son of testator, by his grandmother soon after he was born. The andirons were a gift from testator's mother, and were reclaimed after his death. Testator had married one of daughters of Henry Peregrine Jowles of St. Mary’s Co., and before or after death of his first wife had preferred a libel against Dryden Forbes widow & executrix of Henry Peregrine Jowles for some portion of his wife's portion of the estate. Judgment was in favor of testator a few days before his death, for £35.5 gold & silver, £32 paper. Mrs. Forbes was reportedly disturbed at parting with so much money which would go to the widow & children of testator's second wife, so arranged giving it directly to Henry G. Sothoron to keep it out of testators estate. Reference is made to a legacy to Richard Sothoron from Mary Rose's estate. Testator had one brother of whole blood named Benjamin, who died since testator; and half brother John Burch. Elizabeth's father called "parson".

- On 5 March 1745 the testimony of Susanna Donaldson, about 21, that she heard Mrs. Dryden Forbes & Mrs. Rebecca Jowles discuss the gift of a slave to Henry G. Sothoron, and the slave's child to go to Henry's brother John. Testator called "Captain".

- Leonard Clark 37 year old testified on 5 March 1745 that the slave was the property of Henry G. Sothoron, and that testator told him the surveying instruments would be given to HGS when he learned to use them.

- John Briscoe, 24 years old, on same date confirmed slave ownership, and John Burch confirmed ownership of the surveying instruments.

- On 25 March 1745 Leonard Clark confirmed the money being given to HGS, noting the money "...came by his mother Mary Sothoron."

- Continued on several occasions. Judged 12 June 1747, dismissed with costs, if cause not shown by January next. (Test Proc 32:139, St. Mary's Co., 1748.01.16)

(Test Papers Box 47, Folder 53, 1747/8.01.16)

Was executrix of father's will (see his Notes).