Nicholas Day, II (c.1685 - d.)

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Birthplace: Baltimore, Maryland, USA
Death: Died in Joppa, Harford, Maryland, United States
Managed by: David Embrey
Last Updated:
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Immediate Family

About Nicholas Day, II

Will of Nicholas DAY, of Baltimore Co. dated 31 March 1738

Will of Nicholas Day Jr, dated March 31, 1738, and proved May 25, 1739, on file in the Hall of Records (BALTIMORE CO. WILLS, Box 6, Folder 7). Transcription:

I Nicholas Day of the Town of Joppa and Province of Maryland being Sick & weak of body, but of Sound & pareft disposeing Mind and Memory Do think It necessary to make & ordain this my Last Will & Testament in Manner & Form following.

Item. I Give & bequeath unto my son Thomas Day that Moity or one Half of one hundred & fifty Acres of Land My Part of a Tract or percell of Land called William the Conqueror whereon the buildings and Improvements are Made with the Appurtenances thereto belonging to my Said Son Thomas & his heirs for Ever: but in case my Said Son Thomas should die without lawfull issue or before he attains to the Age of twenty One years my Will and Mind is that the Said Moity with the Buildings & Improvement thereon & Appurtenances thereto belonging Shall go & redound to my son Laban Day & his heirs for Ever.

Item I Give & bequeath unto my son Laban Day the other Moity or Half of Said One hundred & fifty Acres Part of Said Tract of Land call William the Conqueror to him & his heirs for Ever but in case my son Laban die without lawfull Issue of before he attains tha Age of twenty one years my will & mind is that Said Moity Shall go & redound to my Said son Thomas & his heirs for Ever.

Item I Give & Bequeath unto my Son Samuel Day my Three Lotts of Ground in the town of Joppa with all the buildings & Improvements thereon and Appurtenances thereto belonging And Also A Certain Tract or Percell of Land called Dock containing One Hundred & fifty Acres or thereabouts to him my Siad Son Samuel & his heirs for Ever-- But if my Siad Son Samuel die without Alwfull Issue of before he Attains the age of Twenty One years My Will & Mind is that my Said Lotts with the Appurtenances & Said Tract of Land called Dock Shall go & redound to my Son Laban Day & his heirs for Ever.

Item I Give and bequeath unto my Said Son Samuel & his heirs for Ever One Negro woman named Dina

Item I Give & bequeath unto my Said Son Laban Day & his heirs for Ever One Negro woman named Jenny

Item I Give & bequeath unto my daughter Hanah Day & her heirs for Ever One Negro woman named Judith and my Will & Desire is that my wife shall have the use & Services of the three Said Negroes names Dinah Jessy & Judith bequeathes my Said three Children Samuel Laban & Hanah as aforesaid (to be appropriated to their Education) dureing their Minority or untill they are capable of chooseing Gaurdians

Lastly As to the Residue of my personal Estaste my Will is that the Same be Equally divided amongst my Eight children viz John, Thomas, Laban, Samuel, Mary, Elizabeth, Sarah & Hanah & I Do hereby make ordain Constitute & appoint My beloved wife Whole & Sole Executrix of this my Last Will & Testament

In Testimony Whereof I have here unto Set me hand & affix'd my Seal this thirty first day of March, Anno One thousand Seven hundred & thirty eight

Signed Sealed Publish'd & declared by the Said Nicholas Day to be his Last Will & Testament

/s/ Nich Day

In the presence of us

John Roberts

Thomas Harropp (?)

William Cooke, H Wells Stokes

---------------

May the 25th 1739 Then Came Thomas Harropp and John Roberts two of the Subscribing Wittnesses to the foregoing Will and being duly & Solemnly Sworn on the holy Evangilists of Almight God deposed and Sayd that They saw the Testator Nicholas Day sign the foregoing Will and heard him publish and declare the same to be his last Will and Testament-- That at the time of his so doing he was to the best of their Apprehension of Sound and Disposing mind and Memory and that they Subscribed Their respective Names as Witnesses to the said Will in the presence of The said Testator and at his request, and the said Thomas Harrapp and John Roberts further depose and Say that they Saw William Cook and Humphry Wells Stokes two other of the Subscribing witnesses to the said Will Sign their names as Evidence thereto in the presence Of the Testator and also at his request-- Sworn to before H Wells Stokes Dep Com of Baltimore County

Inscribed on the outside of the folded will was the notation: Baltimore County 1739 (315) Nicholas Day his Will...16th July Recorded in Lib: DD No.1 fo:77

Wm. Rogers Reg. Recorded in Liber A W.B. Case 2 ==================================================================

-------------------- Nicholas Day, Jr b c. 1685 of Nicholas [c1620], married Elizabeth Cox, daughter of Christopher and Mary Cox, on July 14, 1709, as recorded in the Register of St. John's Parish in Baltimore County. (SJPR:17R; AAI:4)

Assuming that Nicholas Day was not younger than 21 at the time of his marriage, he would not have been born later than 1688. At that time his parents were presumably still in Anne Arundel County, which would be the county of his birth. According to his father's will, he was the elder son. "One of the first to settle (or take up lots) in Joppa, new county seat of Baltimore County was Nicholas Day, Jr.

The town was laid out April 20, 1725."(70) "Joppa, along with 41 other towns, was created in 1707 by a special act of the General Assembly, and it was established as the county seat by another act in 1712. And finally, in 1724, the General Assembly passed an act for laying out a town at Joppa. The town commissioners laid out 21 acres of 40 half-acre lots and one acre, God's Acre, was set aside for St. John's parish church. On this acre was built a brick church completed before 1730. "Although Joppa had difficulty in becoming established, it grew rapidly into a booming seaport with an excellent harbor. The Gunpowder River was a source of power for its grist and iron mills. A number of substantial houses and buildings were constructed of brick, and there was even a shipbuilding industry at Joppa. "Its chief source of revenue was from the export of tobacco which came "rolling down the roads" from the upper sections of the country. Farmers would pack their tobacco in huge hogsheads, fasten pins to these, attach shafts to the pins, and have horses pull and roll them to the warehouses at Joppa. The area had many fine "rolling roads: as a result of this St. John's parish itself was created in 1692, and thus Joppa was its second location when the church was completed around 1730. In a history of the parish, a number of Day descendants are mentioned. After Joppa declined a generation or more later, a new church for St. John's parish was built in Kingsville. Kingsville was the location where Nicholas Day, Jr, had settled, although it acquired that name only in 1815. On the tract William the Conqueror, originally bought by Nicholas Day, Sr, Nicholas, Jr in 1710 began building "the first section of the 16 room mansion now known as the Kingsville Inn...

The oldest part of the Inn, which included what is now the large dining room at the north end of the building, was built by Nicholas Day, Jr. This room was at least two rooms originally. A fireplace in the south end was sealed off when it was converted to one room. The floor is about 10 inches above the original floor. The large fireplace was the center of activities and supplied all of the heat and cooking facilities. On the left of the fireplace is some evidence of an old oven. This room has been kept as plain as possible to resemble its original kitchenlike appearance.

Nicholas Day, Jr, lived on the property until his death in 1740 [sic], and his widow lived there until 1742. Nicholas Day, Jr is mentioned as witness to a will in 1731

His own will was dated 31 March 1738 (Baldwin VIII:36) with notary record May 25, 1739 (Faulkner). It is on file in the Hall of Records(76) and the following is a transcription made from a photostat of it:

I Nicholas Day of the Town of Joppa in Baltimore County and Province of Maryland being Sick & weak of body, but of Sound and perfect disposeing Mind and Memory Do think it necessary to make & ordain this my Last Will & Testament in Manner & Form following.

Imp. I Give & bequeath unto my Son Thomas Day that Moity or one Half of one hundred & fifty Acres of Land My Part of a tract or percell of Land called William the Conqueror whereon the buildings and Improvements are Made with the Appurtenances thereto belonging to my Said Son Thomas & his heirs for Ever: but in case my Said Son Thomas should die without lawful Issue or before he attains to the Age of twenty One years my Will and Mind is that the Said Moity with the Buildings & Improvements threon & Appurtenances thereto belonging Shall go & redound to my Son Laban Day & his heirs for Ever.

Item. I Give & bequeath unto my Son Laban Day the Other Moity or Half of Said One hundred & fifth Acres Part of Said Tract of Land called William the Conqueror to him & his heirs for Ever but in Case my Said Son Laban die without lawfull Issue or before he attains to the Age of twenty one years my will & mind is that Said oity Shall go & redound to my Said Son Thomas & his heirs for Ever.

Item. I Give & bequeath unto my Son Samual Day my Three Lotts of Ground in the Town of Joppa with all the Buildings & Improvements thereon and Appurtenances thereto belonging And Also A Certain Tract or Percell of Land called Dock containing One hundred & fifty Acres or threabouts to him my Said Son Samuel & his heirs for Ever--But if my Said Son Samuel die without Lawfull Issue or before he Attains to the Age of Twenty One years My Will & Mind is that my Said Lotts wth. the Appurtenances & Said Tract of Land called Dock. Shall go & redound to my Son Laban Day & his heirs for Ever.

Item I Give & bequeath unto my Said Son Samuel & his heirs for Ever One Negro woman named Dina.

item I Give & bequeath unto my Son Laban Day & his heirs for Ever one Negro woman named Jenny

Item I Give & bequeath unto my daughter Hanah Day & her heirs for Ever One negro woman named Judith and my Will & Desire is that my wife shall have the use & Service of the Said three Negroes named Dinah Jenny & Judith bequeathed my Said threee children Samuel Laban 7 Hannah as aforersaid (to be appropriated to their Education) dureing their Minority or untill they are capable of chooseing Guardians

Lastly As to the Residue of my personal Estate my Will is that the Same be Equally divided amongst my Eight Children viz John, Thomas, Laban, Samuel, Mary, Elizabeth, Sarah & Hanah & I Do hereby make ordain Constitute & appoint My beloved wife Whole & Sole Executrix of this my Last Will & Testament In Testamony Whereof I have here unto Set my hand & affix'd my Seal this thirty first day of March, Anno One thousand Seven hundred & thirty eight.

Elizabeth Day administered the estate on May 6, 1740 and rendered accounts on August 13, 1742 (Md. Admin Accts 19:189.

She then married (2) Robert Bishop on September 22, 1742. Robert Bishop and wife Elizabeth were given as executors in additional accounts for the estate of Nicholas Day, Jr in 1744 , specifically February 14, 1744 and November 4, 1745.

Elizabeth died February 22, 1770 and Robert Bishop died in 1780.(79) His will was written December 121, 1779(80) and he devised to his 'daughter-in-law' (step-daughter) Hannah Day, 'all my estate...both real and personal, and appointed her executrix. It was witnessed by Mark Brown Sappington, J. Beal Howard, Lucenia Allender and Ann Travis on Febraury 21, 1780. Children of Nicholas and Elizabeth Day were registered in St. John's Parish. Elizabeth Day d. 2/22/1770 in Balto Co. (Barbara Turner).

1. Nicholas III (Aug 25 1710 - Jun 18 1733) 2. Mary, b. Oct 23, 1713 (+) 3. John, b. Sep 6, 1716 (+) 4. Elizabeth, b. Mar 17, 1719 (+) 5. Sarah, b. Jan 29, 1720 (+) . 6. Thomas, b Jul 5, 1723 (+) 7. Laban, b. Apr 2, 1726 (+) 8. Hannah, b. Jan 19, 1728 (+) 9. Samuel, b. Mar 1, 1730 (+) a. Nicholas IV (Apr 23 1734 - Aug 1 1735) b. Betteyer (Nov 21 1736 - Nov 21 1736)

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Nicholas Day, II's Timeline

1685
1685
Baltimore, Maryland, USA
1709
July 14, 1709
Age 24
Baltimore, Maryland
1716
September 6, 1716
Age 31
Baltimore County, Maryland
1719
March 17, 1719
Age 34
1953
March 23, 1953
Age 268
1956
February 9, 1956
Age 271
1961
March 28, 1961
Age 276
????
Baltimore County, Maryland, U.S.A.
????
Joppa, Harford, Maryland, United States