Mary Sterling

Mary Brashears wrote a will on 25 May 1663, naming her three sons and five daughters, all of whom were underage.

The children named in her 1663 will were:

1. (1) son Robert Brashear (described as under 21 years old in 1663)
2. (2) son Benjamin Brashear (described as under 21 years old in 1663)
3. (3) son John Brashear (described as under 21 years old in 1663)
4. (4) daughter Mary Brashear (described as under 16 years old in 1663)
5. (5) daughter Ann Brashear (described as under 16 years old in 1663)
6. (6) daughter Susannah Brashear (described as under 16 years old in 1663)
7. (7) daughter Martha Brashear (described as under 16 years old in 1663)
8. (8) daughter Elizabeth Brashear (described as under 16 years old in 1663)

Two months after writing her will, Mary Brashears filed a prenuptial contract with Thomas Sterling, whom she planned to marry, that relinquished all claims he might have to any part of her estate she had willed to her children.

Mary ^ BROWNE was born about 1614. She died after 1663 at Maryland. It is not proven that Mary was the wife of Benois Brashear. He did pay passage for her, but she came as an indentured servent on an English ship. She signed her will after marrying Thomas Sterling as "MS". Many sources list her as Mary Richford, because that was her married name when she married Benois. However, her true maiden name was Browne.

• Will 25 MAY 1663 Calvert County, MD
• Death: AFT 25 MAY 1663 in Calvert County, MD

(1) Brashear, Charles, A Brashear(s) Family History, Descendants of Robert and Benois Brasseur, Vol. 1, San Diego, CA: 1998, pp. 33-34, 35-39:

MARY, WIDOW OF THE CLIFFS

Mary was left, a young widow (probably under 40), with eight children ranging in age from about 2 to about 16, and no property. She had to be a woman of great resources and courage, for she moved immediately to consolidate her position. She either fulfilled Benjamin's contract to purchase "Upper Bennet" or made one of her own:

• ”Known all men by these presents that I, Richard Bennitt, of Virginia, merchant, do hereby alien, sell, and conveigh unto Mary Brasseur, widow of the Cliffs, in the Provence of Maryland, and to her heirs forever, all my right, title, and interest in that parcel of land on which she now lives, being eleven hundred and fifty acres more or less, together with all stock of servants, cattle, hogs, and whatever else thereupon or thereunto any ways belonging or appertaining for and in consideration of two hundred and twenty hogs heads of tobacco [about 110,000 pounds] to bee paid according to specialty under her hand and seal, bearing date with these presents, all which land with the servants, cattle, 86c. aforesaid were formerly treated and bargained to bee sold unto Mr. Benois Brasseur, in his life time, which became void by reason of defect and dislike in relation to the said land in point of quantity, and because he, the said Brasseur, never had any livery and season thereof from me, nor never paid any thing at all to me for it, in which regard [I] have now bargained, sold, and delivered the said estate of land, &c. unto the aforesaid Mary Brasseur and her heirs aforesaid, and do promise and bind myself, my heirs, executors, and administrators to make such further convenience and assurance of the premises as is requisite and as it lays in my power to do whensoever the same shall be demanded or required.
• The servants names are as followeth: Tho. Smyth, Geo. Davison, William Whitehead, Tho. Frost, and Sarah-a negro woman.

I do also hereby give unto the said widow Brasseur full possession of the afforesaid land, servants, cattle, hogs, &c., with warranty against all or any person or persons whatsoever claiming any right thereunto by, from or under me or my heirs.

• In witness whereof, I have hereunto sett my hand seal the 17th day of April, 1663.
• Richard Bennett
• Sealed, subscribed and delivered in presence of: Thomas Sterling, Robert Brasseur.
• (Provincial Court Proceedings, 1663-1664, Maryland (Bound volume in DAR Library, Wash, DC, p. 178); Maryland Land Patents, Book BB, p.238; Maryland Archives, v.41, p.178.)

The servants' names appearing this way would suggest that they were Bennett's indentured servants, but at least Frost had come to Virginia as a free man and all of them are claimed as Maryland head rights due Benjamin, filed in Maryland in 1663. I don't have an explanation for how Benjamin's head rights got on Bennett's deed, or vice versa.

Will

On May 25, 1663, Mary Brasseur, widow of "The Clifts," made and filed her will (MdHR, Wins, Book 1, pp.187-89) as part of a prenuptial contract with Thomas Sterling, whom she married after 25 July and before 2 August 1663. In the will, she named her children by her former husband and secured to them their inheritance from his estate. We are not certain about the order of the children, except that Robert was the oldest, Mary was the youngest, the only one born in Maryland, and we have birth dates for some others from descendants; some of the girls may have been interspersed with the boys. The boys were all less than 21 years old, the girls all less than 16. . . .

• Will of Mary Brasseur, widow of The Clifts: . . .
• In the name of God, Amen. I, Mary Brasseur, widow of the Clifts, in the Province of Maryland, being of sound and perfect mind and memory, but knowing the uncertainty of this life, do make and ordaine this my last will and testament in manner and form following:
• Imprimis [in the first place], for the natural love and affection I bear to my children and for their future maintenance and livelyhood, I give and bequeath to each of them as followeth; that is to say, two hundred acres of woodland to Robert, two hundred acres of the like land to Benjamin, and also two hundred acres of the like to John Brassures, my sons, the said land to come to them and either of them, their heires assignes for ever, when they shall accomplish the age of one and twenty yeares; and in case any or either them shall depart this life before he or they shall attaine to his or their respective ages of one and twenty years, the land of him or them so dyeing shall remaine and be to the surviving brother or brothers; and my will and desire is that no timber trees shall be fallen for any use whatsoever on the said land until the said children shall come of age; but if they shall all depart this life before they shall attaine to their respective ages, then the said land to remaine and be to such daughter and daughters of me, the said Mary Brasshear, as shall then be living, the said six hundred acres of land being part of the land on which I now live, seituate at the Clifts, and bought by mee of Mr. Richard Bennett, merchant.
• Item. I do also give and bequeath unto each of my sons above-named one feather bed, with the rug, blankets, curtains, and such like appurtenances to the same belonging.
• Item. I give to each of my sons, when they shall attaine to their respective ages, one servant a peece.
• Item. To Benjamin one cow, called the Wild Heifer, and another, called Goate; to my son John one heifer named Dainty, and one heifer named Starr, the said cowes and heifers, with their female encrease, to be delived to them at such time and when they shall attaine their several and respective ages aforementioned; and if any or either of them shall depart this life before they shall come of age, the said cattell, with their female encrease, to be equally divided between the surviving brothers; and my will and desire is that the two hundred acres of land that I have bequeathed to my son Robert shall be the two hundred acres which is next adjoining unto and on this side that parcell of land lately sold unto my brother in law Robt. Brasseur; and that Benjamin, my son, shall have his two hundred on this side of my son Robert; and that my son John shall have his next unto Benjamin's.
• Item. I give and bequeath to my daughter Mary two heifers, called and known by the names of Pascoll and Phillpaill, with their female encrease, to be delivered to the said Mary when she shall accomplish the age of sixteene years or day of marriage, which shall first happen. Also, I give and bequeath to my daughter Ann two heifers, called and known by the names of Ioneeasy and Sarah, with their female encrease, to be delivered to her when she shall accomplish the age of sixteen years or day of marriage, which shall first happen; also I give and bequeath to my daughter Susannah two heifers, called and known by the names of Fancy and Pye, with their female encrease, to be delivered unto her when she shall accomplish the age of sixteene yeares or day of marriage, which shall first happen; also I give and bequeath to my daughter Martha three heifers, called and known by the names of Brouning, Primrose & Roase, with their female encrease, to be delivered unto her at such time and when she shall accomplish the age of sixteen years or day of marriage, which shall first happen; also I give and bequeath to my daughter Elizabeth three heifers, called and known by the names of Christmas, Cole and Nutt, with their female encrease, to be delivered unto her at such time and when she shall accomplish the age of sixteen years or day of marriage, which shall first happen; and in case either of my said daughters shall depart this life before they shall accomplish their severall and respective ages, then the cattle, with their encrease, of her or them so dyeing to remaine and be and equally to be divided amongst the surviving daughters.
• Item. I give my five daughters each of them a servant to be delivered them at the age of sixteene yeares or day of marriage, which shall first happen.
• As for that part of my estate that I shall have at my decease and not herein and hereby already given and bequeathed, I give and bequeath to my daughters, equally to be divided between them, share and share alike, to be delivered them at such time and when as they shall accomplish their several ages or days of marriage, which shall first happen. And my will and desire is that if I depart this life before my children come of age, the overseers of this, my will, take care that my children shall peaceably and quietly enjoy the plantaçon I now live on, with all appurtenances whatsoever, without the lett or molestaçon of any person or persons whatsoever until they shall accomplish their severall and respective ages or days of marriage, which shall first happen. And I nominate and constitute my loveing friends, Thomas Sterling, and Robert Brasseur, my brother-in-law, to be overseers of this, my last will and testament, desireing them in all things to see it carefully performed; and I publish and pronounce it to be the absolute last will and testament of mee, Mary Brasseur.
• IN WITNESS whereof, I have hereunto sett my hand and seale, May the five and twenty, one thousand six hundred sixty and three.
• The marke of Mary [MB] Brasseur
• Signed and sealed as the last will and testament of the said Mary Brasseur in the presence of:
• Theophilus Lewis, James Pugslep (MdHR Wills, Bk 1, pp.187-89)

Note that the surname was spelled Brasseur, Brassures, and Brasshear. Subtracting the 320 acres sold to brother-in-law Robert and the 600 acres given to the three sons leaves 230 acres for the girls to divide.

MARY'S PRENUPTIAL ARRANGEMENTS

Mary Brasseur, Widow of the Clifts, was neither ill nor ailing when she made and filed her will, but she was contemplating marriage to Thomas Sterling, and she wanted to secure Benjamin's estate to his and her children. Just two months after she had made the will, Thomas Sterling filed a prenuptial contract that relinquished any and all claims he might have to any part of that estate:

• WHEREAS by God's assistance and permission, ther is a marryage shortly intended to be had & solemnized between Thomas Sterling and Mary Brasseur, wid'w, late wife of Benjamin Brasseur; and whereas the said Mary Brasseur hath made her last will & testament in [?] writing und'r her hand and seale, and therein & thereby disposed of most of the estate the said Benjamin dyed possessed of, amongst her children; now if the said marriage shall take effect, these may certifye [to] all those whom it any wayes concernes that I, the said Thomas Sterling, for naturall love I beare unto the said Mary Brasseur, wid'w, and out of affecçon to her children, doe grant, assigne, and sett over all the residue of the estate that was late the said Benjamin Brasseur's, that I shall dye possessed of, as cattle, hoggs, houses, land, household stuffs, and whatever else the said Mary Brasseur hath not given nor bequeathed in her last will and testament unto Robert Brasseur, her brother-in-law, to and for the sole onely proper use, benefitt, and behoofe of the daughters of the said Mary, equally to be divided betwixt them as they shall attaine to theire severall 86 repective ages or days of maryage, which shall first happen; and that they shall bee and remaine peaceably att the new plantaçon of the said Mary Brasseur till such times as they come of age or are maryed, according to the tenor 86 effect of the said Maryes will, without the lett, disturbances or molestaçon of mee, the said Thomas Sterling, or any one from, by, or und'r mee. WITTNESS my hand and seale the twenty fift of Julye, one thousand six hundred sixty three.
• Thomas Sterling
• Signed, sealed and delivered in the presence of: Robert Heighe, James Hume
• And I furthermore promise that the said Mary Brasseur shall dispose as she will her selfe of the 10,000 lbs of tobacco due from Robert Brasseur upon bill, as witness my hand.
• (MdHR, Testamentary Proceedings, Book 1, pp.126-27. Copy in Back and Brashear, The Brashear Story, p.15-16.)

The 10,000 pounds of tobacco was the purchase price of the 320 acres. But brother-in-law Robert died 5 Dec 1665, before it could be paid; in 1666, his will was being argued in court. . . . Mary Brasseur died about the same time; her will entered probate in 1668.

On 2 Aug 1663, Benjamin's widow, Mary, who had married Thomas Sterling after 25 Jul 1663, registered:

• A list of rights due Mrs. Mary Sterling never entered upon record or land taken up for them, viz . . . Benjamin Brashear Sen, Mary Brashier Sen, Robert Brashier Jun, Benjamin Brashier Jun, John Brashier, Ann Brashiers, Susanna Brashier, Martha Brashier, Elizabeth Brashier, Thomas Sterling, Edmond Joyce, Joseph Owen, transported Anno 1661 . . . John Selman, Andrew Munrow, Mary Tire, Thomas Smith, Thos Frost, George Davison, John Morgan, William Whitehead, Robert Jarvis, John Cheney, James Polley, Alice Woodyard, Robert Welk (or Webb), Nathan Daw, Robert Brashier Sen, Thomas Morgan Know all men by these presents that I Thomas Sterling and Mary my wife have assigned unto Thomas Trueman all our right and title of thirteen of those rights of land first mentioned, as witness our hands this 2 of August 1663.
• /s/ Thomas Sterling
• /s/ M S [her mark]
• Witness: Robert Brashier. Jam:s Ingley
• The said Mary had a warrant in her husbands name, Thomas Sterling, for the remainder of her rights, being 800 acres, dated 20th September return last May next. . . .

(Because the original records were decaying, Maryland authorities have caused the records to be copied twice: in 1725-26 and again in 1836. These land records above are in original Book AA, p.353, year 1663, which are cited in the margins of the later records. The blanks are apparently passages the copyists could not decipher. Thanks to Kathleen Woodbury for Xerox copies of these records, which record three transactions, without division.)

These headrights of Benjamin Brasseur are part of what made "Thomas Sterling one of the important landowners of his day" in Maryland, to use the phrase of Charles Francis Stein in A History of Calvert Co, MD, p.319. "He [Sterling] was transported to Calvert County by the early Huguenot Benois Brasseur, whose widow he married. Brasseur had purchased extensive land holdings on the Upper Cliffs but had not yet patented them, and the patents for these lands were thereafter issued to Thomas Sterling in the right of his wife, the widow Brassuer (Brashears). They included the grants of Sterling's Nest, Sterling's Perch, and Sterling's Chance. He also acquired Major's Choice, which adjoined these holdings on the north. He acquired about 1500 acres of land in Calvert County in all. He also acquired Nova Scotia, a large grant in Baltimore County." At least to some extent, Sterling cashed in on Benjamin Brashear's headrights.

Back comments that Mary must have been beautiful and charming, to be able to attract Thomas Sterling in marriage, even though she had eight children and insisted upon giving them her estate as of the time of marriage. She may well have been beautiful and charming, but considering the way Sterling cashed in on Benjamin's head rights, he wasn't exactly living in the poor house, and Mary was not exactly unwise. If Mary had not given "Upper Bennett" to her children, they would have inherited nothing.

Even so, it's not certain how much of "Upper Bennett" came into the possession of Sterling. Thomas Sterling's will dated 24 Jan 1684, proved 27 Jun 1685 names his wife, Christian (née Dalrymple) (life interest in home place & part of "Upper Bennett"); his son, Thomas Sterling Jr, (home plantation, & part of "Upper Bennett," 500-acre "Major's Choice," 550-acre "Stirling's Chance," and 40 acres unamed); daughter, Elizabeth (1000 acres in Baltimore County, part of "Nova Scotia"); and "brother Derumple" (Sterling always referred to William Dalrymple Jr as "brother Derumple") 500-acre residue of "Nova Scotia." Says Stein: "Thomas Sterling died in 1685, a Justice of Calvert County. One of his daughters was the wife of James Derrumple (or Dalrymple) who settled in Calvert Co. about the year 1672 and founded a family identified with the County for many generations. Both Sterling and Dalrymple were of Scottish origin."

Sterling does not mention any of his Brashear step-children in his will (see Maryland Calendar of Wills, I:156).

(2) Mary RICHFORD is mentioned in the the following land patent: Virginia Colonial Records, 1600s-1700s [database online], Genealogy.com: Cavaliers and Pioneers, Patent Book 3, p. 257:

BENJAMIN BRASSEUR, 300 acs. at the head of Indian Cr, a branch of the Western br. of Nansemun Riv., joyning land of Mr. John Parrett (altered--may be Garrett). 12 Apr. 1653, p. 89. Trans. of 6 pers: Charles Drurey, Richard Bateman, Mary Richford, Humph. Evan, Hugh Edwards, John Harris.

(3) Maryland State Archives < http://www.mdarchives.state.md.us >:

Proceedings of the Provincial Court, 1663-1666 Vol. 49, pp. 178-179 (April 17, 1663):

“Know all men by these prsnts that I Richard Bennitt of Virgeina merchant doe hereby Alien Sell and Conueigh unto Mary Brasseur widdow of the Clifts in the prouince of Maryland and to her heires for euer all my right title and Intrest in that parcell of land on which she now liues being eleauen hundred and fifty acres more or lesse, together with all the Stock of Seruants Cattle hoggs and whatsoeuer else thereupon or thereunto any wayes belonging or appertayning for Liber B B and in Consideracon of two hundred and twenty hoggsheads of tobacco to bee paid according to speciality undr her hand and Seale bearing date with these prsents all which land wth the Seruants Cattle &c aforesaid were formerly treated and bargained to bee sold unto Mr Benois Brasseur in his life time which became uoid by reason of a defect and dislike in relacon to the said land in point of quantity and because hee the said Brasseur neuer had any liuery and Seison thereof from mee nor neuer paid any thinge att all to me for it in which regard - haue now bargained sold and deliuered the said Estate of land &c unto the aforesaid Mary Brasseur and her heires as aforesaid, And doe promise and binde my selfe my heires Executors and Administrators to make such further Conueighance and assurance of the prmisses as is requisite and as it lyes in my power to doe, whensoeuer the same shall bee demanded or required?The Servants name are as follow (uizt) Thomas Smyth Geo: Davison William Whitehead Thomas frost and Sarah a negro Woman.

   I doe also hereby give unto the said widow Brasseur full quiet possession of the aforesaid land Servants Cattle & hogs with warranty angst all or any person or persons whatsoever claiming any right thereunto by from or under me or my heirs.

In witness whereof I have hereunto set my hand & seal the 17th day of April 1663
Richard Bennett Locus Sigilli
Sealed Subscribed and deliuered in prsence of
Thomas Stirling
Robert Brasseur
Vppon the backside of a Pattent for One thowsand One hundred and ffifty acres of land Granted to Richard Bennitt Esq bearing date the 18th day of August in the Seauen and twentyth yeare of his Lordsps Dominion in the yeare of Our Lord God One thowsand Six hundred fifty eighte, was this ensueing assignment following (uizt)?The land belonging unto mee by this Pattent I doe hereby Alien Sell make ouer and Conueigh unto Mary Brasseur widdow and her heires for euer all my right title Intrest and Claime thereunto or to any part thereof acknowledging to bee fully Sattisfyed Contented & paid for the same according to a bill of Sale and a bill Obligatory for payment of twp hundred and twenty hhgs of tobacco bearinge date with this Assignment Wittnes my hand this 17th day of Aprill 1663
By mee Richard Bennett --

Marriage 1 Benjamin BRASSEUR b: ABT 1620 in France

   * Married: 1645 in VA

Marriage 2 Thomas STERLING

   * Married: BET 25 JUL AND 02 AUG 1663

The surname of Mary Brasseur is believed to be Richford. This is based solely on the importation of a Mary Richford by Benois Brasseur as mentioned above.

After the death of Benois, Mary secured a deed to the land and the house the family had from Richard Bennett (Maryland Archives, vol. 41, p. 

178). She also made a will at this time. The will was probated after she became the wife of Thomas Starling.

WILL of MARY BRASSEUR, Maryland Hall of Records, L. 1, ff. 187-189. In the name of God, Amen. I, Mary Brasseur, widow of the Cliffs, in the Province of Maryland, being of sound & perfect mind and memory, but knowing the uncertainty of this life, do make and ordaine this my last will and testament in manner and form following: Imprimis, for the natural love and affection I bear to my children and for their future maintenance and livelyhood, I give and bequeath to each of them as followeth; that is to say, two hundred acres of woodland to Robert, two hundred acres of like land to Benjamin, and also two hundred acres of the like to John Brassures, my sons, the said lland to come to them and either of them, their heires & assignes for ever, when they shall accomplish the age of one and twenty yeares; and in case any or either of them shall depart this life before he or they shall attaine to his or their respective ages of one and twenty years, the land of him or them so dyeing shall remaine and be to the surviving brother or brothers; and my will and desire is that no timber trees shall be fallen for any use whatsoever on the said land untill the said children shall come of age; but if they shall all depart this life before they shall attaine to their respective ages, then the said land to remaine and be to such daughter and daughters of me, the said Mary Brasshear, as shall be then living, the said six hundred acres of land being part of the land on which I now live, situate at the Cliffs, and bought by mee of Mr. Richard Bennett, merchant. Ittem. I do also give and bequeath unto each of my sons above-named one feather bed, with the rug, blankets, curtains, and such like appurtenances to the same belonging. Ittem. I give to each of my sons, when they shall attain to their respective ages, one servant a peece. Ittem. I give to my son Robert two cowes, called and known by the names of Cherry and Button. Ittem. To Benjamin one cow, called the Wild Heifer, and another, called Goate; to my son John one heifer called Dainty, and one heifer named Starr, the said cowes and heifers, with their female increase, to be delivered to them at such time and when they shall attaine their severall and respective ages aforementioned; and if any or either of them shall depart this life before they shall come of age, the said cattell, with their female increase, to be equally divided between the surviving brothers; and my will and desire is that the two hundred acres of land that I have bequeathed to my son Robert shall be the two hundred acres which is next adjoining unto my brother in law Robt. Brasseur; and that Benjamin, my son, shall have his two hundred on this side of my son Robert; and that my son John shall have his next unto Benjamin's. Ittem. I give and bequeath to my daughter Mary two heifers, called and known by the names of Pascoll and Phillpaill, with their female encrease, to be delivered to the said Mary when she shall accomplish the age of sixteene yeares or day of marriage, which shall first happen. Also, I give and bequeath to my daughter Ann two heifers, called and known by the names of Ioneeasy and Sarah, with their female encrease, to be delivered to her when she shall accomplish the age of sixteen years or day of marriage, which shall first happen; also I give and bequeath to my daughter Susannah two heifers, called and known by the names of Fancy and Pye, with their female encrease, to be delivered unto her when she shall accomplish the age of sixteene years or day of marriage, which shall first happen; also I give and bequeath to my daughter Martha three heifers, called and known by the names of Brouning, Primrose & Roase, with their female encrease, to be delivered unto her at such time and when she shall accomplish the age of sixteen years or day of marriage, which shall first happen; also I give and bequeath to my daughter Elizabeth three heifers, called and known by the names of Christmas, Cole and Nutt, with their female encrease, to be delivered unto her at such time and when she shall accomplish the age of sixteen years or day of marriage, which shall first happen; and in case either of my said daughters shall depart this life before they shall accomplish their severall and respective ages, then the cattle, with their encrease, of her or them so dyeing to remaine and be and equally to be divided amongst the surviving daughters. Ittem. I give my five daughters each of them a servant to be delivered them at the age of sixteene yeares or day of marriage, which shall first happen. As for that part of my estate that I shall have at my decease and not herein and hereby already given and bequeathed, I give and bequeath to my daughters, equally to be divided between them, share and share alike, to be delivered them at such time and when they shall accomplish their severall ages or days of marriage, which shall first happen. And my will and desire is that if I depart this life before my children come of age, the overseers of this, my will, take care that my children shall peaceably and quietly enjoy the plantacon I now live on, with all appurtenances whatsoever, without the lett or molestation of any person or persons whatsoever untill they shall accomplish their severall and respective ages or day of marriage, which shall first happen. And I nominate and constitute my loveing friends, Thomas Sterling, and Robert Brasseur, my brother-in-law, to be overseers of this, my last will and testament, desireing them in all things to see it carefully performed; and I publish and pronounce it to be the absolute lastwill and testament of mee, Mary Brasseur. IN WITNESS whereof, I have hereunto sett my hand and seale, May the five and twenty, one thousand six hundred sixty and three. Signed and sealed as the last will and testament of the said Mary Brasseur in the presence of: Theophilus Lewis, James Pugslep. Mary MB Brasseur

• Updated from WikiTree Genealogy via son Robert Brasseur aka Brashears, Brashear by SmartCopy: Dec 11 2014, 21:51:58 UTC

  ---

Benjamin (Benois) Brashear (Brasseur) Parents: Robert & Florence? Brasseur

Born abt 1620 France Died abt May 1663 CalvertCo, Maryland

Married Mary Richford (Rickford)

Born 1630 Died 1685 CalvertCo, MD

Children Robert (abt 1646-1712) m. 1. Unknown 2. Alice (Jackson) Benjamin (d. 1675)

John (abt 1650-1696) m. Anne Dalrymple

Anne m. William Dalrymple Jr.

Susannah (1650-1692) m. Mareen Duvall Elizabeth (abt 1654-1728) m. Jonathan Sellman

Martha (aft 1658-1688) m. Henry Kent Jr.

Mary (abt 1660-1702) m. Christopher Ellis

1658: Regional historians say that Benois entered negotiations with Richard Bennett for 1,150 acres, where he built in or about 1658 a home now known as Upper Bennett.

1661: Benois Brasseur was named first Justice in 1661 and later Sheriff.

1663: Mary Richford Brashear's will was recorded in 1663 along with a prenuptial contract with Thomas Starling.

Will of Mary Brasseur, widow of The Clifts:

In the name of God, Amen. I, Mary Brasseur, widow of the Clifts, in the Province of Maryland, being of sound and perfect mind and memory, but knowing the uncertainty of this life, do make and ordaine this my last will and testament in manner and forme following: Imprimis [in the first place], for the natural love and affection I bear to my children and for their future maintenance and livelyhood, I give and bequeath to each of them as followeth; that is to say, two hundred acres of woodland to Robert, two hundred acres of the like land to Benjamin, and also two hundred acres of the like to John Brassures, my sons, the said land to come to them and either of them, their heires & assignes for ever, when they shall accomplish the age of one and twenty yeares; and in case any or either them shall depart this life before he or they shall attaine to his or their respective ages of one and twenty years, the land of him or them so dyeing shall remaine and be to the surviving brother or brothers; and my will and desire is that no timber trees shall be fallen for any use whatsoever on the said land until the said children shall come of age; but if they shall all depart this life before they shall attaine to their respective ages, then the said land to remaine and be to such daughter and daughters of me, the said Mary Brasshear, as shall then be living, the said six hundred acres of land being part of the land on which I now live, seituate at the Clifts, and bought by mee of Mr. Richard Bennett, merchant.

Item. I do also give and bequeath unto each of my sons above-named one feather bed, with the rug, blankets, curtains, and such like appurtenances to the same belonging.

Item. I give to each of my sons, when they shall attaine to their respective ages, one servant a peece.

Item. To Benjamin one cow, called the Wild Heifer, and another, called Goate; to my son John one heifer named Dainty, and one heifer named Starr, the said cowes and heifers, with their female encrease, to be delived to them at such time and when they shall attaine their several and respective ages aforementioned; and if any or either of them shall depart this life before they shall come of age, the said cattell, with their female encrease, to be equally divided between the surviving brothers; and my will and desire is that the two hundred acres of land that I have bequeathed to my son Robert shall be the two hundred acres which is next adjoining unto and on this side that parcell of land lately sold unto my brother in law Robt. Brasseur; and that Benjamin, my son, shall have his two hundred on this side of my son Robert; and that my son John shall have his next unto Benjamin's.

Item. I give and bequeath to my daughter Mary two heifers, called and known by the names of Pascoll and Phillpaill, with their female encrease, to be delivered to the said Mary when she shall accomplish the age of sixteene years or day of marriage, which shall first happen. Also, I give and bequeath to my daughter Ann two heifers, called and known by the names of Ioneeasy and Sarah, with their female encrease, to be delivered to her when she shall accomplish the age of sixteen years or day of marriage, which shall first happen; also I give and bequeath to my daughter Susannah two heifers, called and known by the names of Fancy and Pye, with their female encrease, to be delivered unto her when she shall accomplish the age of sixteene yeares or day of marriage, which shall first happen; also I give and bequeath to my daughter Martha three heifers, called and known by the names of Brouning, Primrose & Roase, with their female encrease, to be delivered unto her at such time and when she shall accomplish the age of sixteen years or day of marriage, which shall first happen; also I give and bequeath to my daughter Elizabeth three heifers, called and known by the names of Christmas, Cole and Nutt, with their female encrease, to be delivered unto her at such time and when she shall accomplish the age of sixteen years or day of marriage, which shall first happen; and in case either of my said daughters shall depart this life before they shall accomplish their severall and respective ages, then the cattle, with their encrease, of her or them so dyeing to remaine and be and equally to be divided amongst the surviving daughters.

Item. I give my five daughters each of them a servant to be delivered them at the age of sixteene yeares or day of marriage, which shall first happen. As for that part of my estate that I shall have at my decease and not herein and hereby already given and bequeathed, I give and bequeath to my daughters, equally to be divided between them, share and share alike, to be delivered them at such time and when as they shall accomplish their several ages or days of marriage, which shall first happen. And my will and desire is that if I depart this life before my children come of age, the overseers of this, my will, take care that my children shall peaceably and quietly enjoy the plantaçon I now live on, with all appurtenances whatsoever, without the lett or molestaçon of any person or persons whatsoever until they shall accomplish their severall and respective ages or days of marriage, which shall first happen. And I nominate and constitute my loveing friends, Thomas Sterling, and Robert Brasseur, my brother-in-law, to be overseers of this, my last will and testament, desireing them in all things to see it carefully performed; and I publish and pronounce it to be the absolute last will and testament of mee, Mary Brasseur.

IN WITNESS whereof, I have hereunto sett my hand and seale, May the five and twenty, one thousand six hundred sixty and three. The marke of Mary [ MB ] Brasseur Signed and sealed as the last will and testament of the said Mary Brasseur in the presence of: Theophilus Lewis, James Pugslep (MdHR Wills, Bk 1, pp.187-89).

Two months after her will, which was apparently made to protect her children with Benois Brasseur, Mary Brasseur, Widow of the Clifts, filed a prenuptial contract with Thomas Sterling, with whom she planned to marry, that relinquished all claims he might have to any part of her estate:

WHEREAS by God's assistance and permission, ther is a marryage shortly intended to be had & solemnized between Thomas Sterling and Mary Brasseur, wid'w, late wife of Benjamin Brasseur; and whereas the said Mary Brasseur hath made her last will & testament in [ ? ] writing und'r her hand and seale, and therein & thereby disposed of most of the estate the said Benjamin dyed possessed of, amongst her children; now if the said marriage shall take effect, these may certifye [to] all those whom it any wayes concernes that I, the said Thomas Sterling, for naturall love I beare unto the said Mary Brasseur, wid'w, and out of affecçon to her children, doe grant, assigne, and sett over all the residue of the estate that was late the said Benjamin Brasseur's, that I shall dye possessed of, as cattle, hoggs, houses, land, household stuffs, and whatever else the said Mary Brasseur hath not given nor bequeathed in her last will and testament unto Robert Brasseur, her brother-in-law, to and for the sole onely proper use, benefitt, and behoofe of the daughters of the said Mary, equally to be divided betwixt them as they shall attaine to theire severall & repective ages or days of maryage, which shall first happen; and that they shall bee and remaine peaceably att the new plantaçon of the said Mary Brasseur till such times as they come of age or are maryed, according to the tenor & effect of the said Maryes will, without the lett, disturbances or molestaçon of mee, the said Thomas Sterling, or any one from, by, or und'r mee. WITTNESS my hand and seale the twenty fift of Julye, one thousand six hundred sixty three. Thomas Sterling Signed, sealed and delivered in the presence of: Robert Heighe, James Hume

And I furthermore promise that the said Mary Brasseur shall dispose as she will her selfe of the 10,000 lbs of tobacco due from Robert Brasseur upon bill, as witness my hand. (MdHR, Testamentary Proceedings, Book 1, pp.126-27. Copy in Back and Brashear, The Brashear Story, p.15-16.)

Author Charles Brashear relates: The 10,000 pounds of tobacco was the purchase price of the 320 acres. But brother-in-law Robert died 5 Dec 1665, before it could be paid; in 1666, his will was being argued in court. Mary Brasseur died about the same time; her will entered probate in 1668. On 2 Aug 1663, Benjamin's widow, Mary, who had married Thomas Sterling after 25 Jul 1663, registered:

A list of rights due Mrs. Mary Sterling never entered upon record or land taken up for them, viz ... Benjamin Brashear Sen, Mary Brashier Sen, Robert Brashier Jun, Benjamin Brashier Jun, John Brashier, Ann Brashiers, Susanna Brashier, Martha Brashier, Elizabeth Brashier, Thomas Sterling, Edmond Joyce, Joseph Owen, transported Anno 1661 ... John Selman, Andrew Munrow, Mary Tire, Thomas Smith, Thos Frost, George Davison, John Morgan, William Whitehead, Robert Jarvis, John Cheney, James Polley, Alice Woodyard, Robert Welk (or Webb), Nathan Daw, Robert Brashier Sen, Thomas Morgan..... Know all men by these presents that I Thomas Sterling and Mary my wife have assigned unto Thomas Trueman all our right and title of thirteen of those rights of land first mentioned, as witness our hands this 2 of August 1663. /s/ Thomas Sterling /s/ M S [her mark] Witness: Robert Brashier. Jam:s Ingley

The said Mary had a warrant in her husbands name, Thomas Sterling, for the remainder of her rights, being 800 acres, dated 20th September return last May next ...