Deed Book D, No 4, p. 410, Sussex Co., DE.
This Indenture made the fourth day of February in the Sixth year ofour S overaigne Lord George by the Grace of God over Great Brittaine,France & I reland King Defender of the Faith, Anno Dom 1719 BetweenJohn Russell l ate of Sommerset & the Province of Maryland but now ofSussex County up on Delaware yeoman of the one part & AndrewMakelvaine husbandman & Rob ert Mickey clothier Late of the Kingdom ofIreland both of them but now o f the County aforesaid of the otherpart Wittneseth Whereas by vertue o f a warrant granted by the Courtunto Thomas Bessants of Sussex County u pon Delaware yeoman had laidout & Surveyed for him a certaine tract an d percel of Land calledBessants Bower situate lying and being in the C ounty aforesaid in theIndian River Hundred Lying upon the south side o f Bracies Branchwhich proceeds out of Middle Creek which cometh out of R ehoboth BayBeginning at a corner white oake standing on the said branc h &running from thence by a line of marked trees South ninteen degrees west two hundred forty six perches to another corner white oakestanding i n the woods & thence east nineteen Degrees South by a lineof marked tr ees three hundred twenty foure perches to another Cornerwhite oake sta nding in the woods upon the West side of the CountyRoad & thence north n inteen degrees west three hundred & two perchesby a line of marked tre es to another marked white oake stand upon thesaid Branch a little bel ow the Brige & thence up the said Branchbinding on the water Courses t hree hundred fifty five perches with astreight line to the first bound er containing & laid out for fivehundred & fifty acres of Land To Have & T o Hold the said Tract ofland together with all the rights profits bene fits & privilegeshereunto belonging unto him the said Thomas Bessants h is heirs &assignes for Ever This Indenture further Witnesseth that the s aidThomas Bessants in his lifetime Intermarried with Jean who was his wif & lived long time in wedlock but in procoss of time it pleased Godt o remove the said Thomas Bessants by Death without Leaving any Issuebe hind him the said Jean his wife being Executrix of his estate alldebts & A dministered upon what moves before this tract of Land he had& afterwar ds was married unto Samuel Knowls of this County yeomanThis Indenture f urther Witnesseth that the said Samuel Knowls & Janehis wif a good con sideration in hand unto them paid by John Russelaforesaid did by their e Indenture duly execut did give grant bargainesell alienat enfeofe & C onfirm unto John Russel aforesaid & unto hisheirs & assignes forever t he aforesaid tract of land called BessantsBowre Containing five hundre d fifty acres with all its profitsprivileges & benefits thereunto belo nging To Have & to Hold the saidfive hundred & fifty acres of land as i t was by a generall warrantgranted unto the said John Russel resurveye d since March 4th Anno1714 & unto him his heirs & assignes for Ever Th is Indenture furtherWittnesseth that he paid John Russel aforesaid for d ivers fayvors orvaluable considerations him hereunto moving but more e specialy for &in Consideration of ninty three pounds in hand paid befo re theDelivery & ensealing of these presents unto him the the said Joh nRussel by Andrew Makelvain & Robert Mikey aforesaid the reciot whereof & of every part & parcal thereof the said John Russel dothacknowledg e & it doth fully Clearly & absolutly acquit oxonorat &discharge them o f every part percel thereof & also dischargoth theireherres & executor s thereof By vertue of this Indenture have givengranted bargained Sold a lienated enfeoed & confirmed unto AndrewMakelvain & Robert Mikey afore said & unto theire heires assignes forEver all & whole the aforesaid t ract of Land before Mentioned CalledBessants Bowre excepting & be it e xceped one acre of Land where theChurch now standeth upon which was fo rmerly by me Sold and made overTo Have & to Hold the said tract of Lan d & plantation together withall its Rights profits priviledges benefit s houses fences orchardswoods trees & timber like trees & all whatsoev er is thereuntobelonging or in any maner of wise appertaining unto the m the saidAndrew Makolvaine & Robert Mickey their heires & assignes fo r ever &that they the said Andrew Makelvain & Robert Mickey theire hei res &assignes shall & may peaceably & quietly have occupy possess & en joythe Land aforesaid with all & wholly the commodities & appurtenance sthereunto belonging without the let sale or disturbance of any portion whatsoever as allso free & Cleare freely & Clearly exonerated &disch arged of & from all maner other or former gifts grants bargainsSales c ausos or goyntures or other encumbrances had or done by thesaid John R ussel or by any person or persons what soever by his ortheirs or any o f their right title or procurement In Confirmatiom &full Assurance of t he truth above written the said John Russel hathunto these presents se t his hand & seale giving deed & state withfull quiet & peaceable poss ession by every siezin at the aforesaidLand & premises & as theire Sub scriptions & the witnessessubscriptions do manifest day & year above w ritten
Signed Sealed Acknowledged & delivered in presence of us John Russell( seal) Robt Pirrie
Adam Hall
Deed Book A, No 1, p. 246, Sussex Co., DE.
John Russell yeoman Appeared In Open Court and Acknowledged andDeliver ed, a Certain Deed of sale, unto Andrew McIlvain and RobertMickey for f ive hundred and fifty acres of Land, Lying In ThisCounty, and Butted a nd Bounded as in Said Deed is Setfourth, whichBears date the fourth Da y of February Ano Dom 1719 According to Lawand Contents of Said Deed.
From this transaction it is reasonable to assume that Andrew McIlvainei mmigrated to the colonies some time before 1719. The CompleteHistory o f the McElvain - McIlvaine Family Line, by Frank C.McElvain, notes tha t the Delaware Archives states that, "AndrewMcIlvaine, Ayr, Scotland, w ent to Aughnacloy, Ireland, and in 1719emigrated to America with two o thers of the same name, settling alongthe Delaware River. He died at L ewes, Sussex Co., Del. His son,James, born in 1693, died 1754 at Lewes , Del."
The following is from Torrence and Allied Families by Robert McIlvainT orrence:
"Andrew McIlvain, Sussex County, on Delaware, hath for ye ear-marks:Fo r cattle, sheep, horses and hogs, a crop and two stittes on yeright ea r and a swallow's firk on ye left."
The following entry comes from Abstracts of the Proceedings of theOrph ans' Court of Sussex County, Delaware, by V. L. Skinner, Jr.:
Liber 1, 1728-1743. f. 21, 9 March 1730. James Mackellwane executor ofA ndrew Mackelwane. Inventory is 40.9.0. Accounts are 33.7.5. Legaciesto : Alexander Mackelwane, Andrew Mickey & William Mickey.Distribution to : Martha Mackelwane.
It is believed by most family researchers that Robert Mickey wasmarrie d to Mary McIlvain, sister of Andrew, and that the wife ofAndrew was M artha Mickey, sister of Robert Mickey. From the followingland records i t is apparent that Robert Mickey owned approximately220 acres of the 5 50 acres that he and Andrew McIlvain purchasedtogether on Feb. 4, 1719 :
Deed Book K, p. 92, Sussex Co., DE.
29 April 1741. Bond of Conveyance. Robert Mickey of Sussex Countyyeoma n am firmly bound unto William Burton of same county gentlemanin the s um of 192 pounds the condition of this obligation is suchthat if Rober t Mickey make over unto William Burton a tract of landsouth side of Br aceys Branch one half mile from Saint Georges Chapeladjoining John Lit tle & William Warrington 200 acres, then thisobligation to be void. Wi tnesses: Christopher Topham, Daniel Nunez.Proved 3 Jan 1745 by Daniel N unez and that he saw Christopher Tophamdeceased sign as an evidence to t he same. Attest: RS Holt clerk.
Deed Book N, No 13, p. 195, Sussex Co., DE.
12 May 1780. Deed. Levin Derickson Esq Commissioner of Act of FreePard on & Oblivion to dispose of forfeited lands sells to ColonelHenry Neil l of Sussex for three thousand pounds: tract in IndianRiver Hundred ad joining Braceys Branch, adjoining Andrew McIlvain &John Little, 220 ac res, on which Saint Georges Chapel stands,formerly belonging to Robert M ickey. And parcel in the same hundredon north side of Braceys Branch, o pposite Chapel, 2 acres laid offfor mill built on aforesaid branch. Th omas Robinson of Sussex ownedhalf both tracts, late of Sussex, on 16 M ay 1778, & being one ofoffenders named in aforesaid Act & not having s urrendered to JP fortrial for treason by that date he forfeited lands. H enry Neillhighest bidder. Witnesses: Andrew McIlvain, Leonard McIlvain .Acknowledged 10 Nov 1785.
Deed Book N, No 13, p. 204, Sussex Co., DE.
7 Nov 1785. Deed. Henry Neill merchant of Lewes & Mary his wife sellto P eter Robinson of Angola & Indian River Hundred, merchant, for 240pound s: tract in Indian River Hundred on south side of Braceys Branchadjoin ing Andrew McIlvain & John Little, 220 acres, on which SaintGeorges Ch apel stands, formerly owned by Robert Mickey late ofSussex; and tract i n Indian River Hundred on north side aforesaidbranch opposite Chapel, c ontaining 2 acres laid off for mill; LevinDerickson Esq Commissioner f or sale of forfeited estates by virtue ofAct of Pardon & Oblivion seiz ed half of both tracts from ThomasRobinson late of Sussex (he being na med in Act) & sold them withgrist mill on 16 May 1778 to Henry Neill a foresaid for 3000 pounds.Witnesses: David Train, Hebron Dod. Examiner J ohn Wiltbank.Acknowledged 22 Nov 1785.
The following is a copy of the will of Andrew McIlvaine
Oct. 4, 1726, Sussex Co., De.
In the name of God Amen I this fourth day of October Anna DominiO ne thousand Seven Hundred and Twenty-Six I Andrew Muckelvaine ofSussex C ounty yeoman (being of perfect mind and Memory), Thanks beto God do m ake this my Last will and Testatment in manner and formFollowing:
First I bequeath my Soul and Spirit unto the hand of AlmightyGod m y Heavenly Father by whom of His Meer and Only Grace I trust tobe Rece ived into Eternal rest thru the death of my Saviour JesusChrist and my b ody to be buried in a Christian decent Like Manner atthe discretion of m y Executor hereafter Named, and as to what worldlyEstate it hath pleas ed the Lord to Endow me with I dispose of same asfolloweth:
Imprs. I will that all such Debts as I owe shall be Truly paid.
Item I give unto my son John McCalvaine one hundred Acres of Land thep lantation whereon he now liveth Also my new Suit of Cloaths, hepaying t o my Executor the sum of four pounds.
Item I give and bequeath unto my Son James one hundred Acres of Landth e plantation whereon he now Liveth to him and his Heirs forever.
Item I Give unto my Daughter Martha McCalvain Three Cows and twoCalves , my riding horse, One feather bed, a white rug Blanket, andputer and m y Great Iron pot also my will
is that my said Daughter shall have preveledge of the flax Twentyyards o f Linnen to purchase a Side Saddle and when my debts are paidmy will i s that said Daughter shall be in the possession of my sonJohn till she m arries or is Capable of Taking charge of.
Item I give unto my Son George McCalvaine One Hundred Acres of Landbei ng part of the plantation whereon I now Live Togather with all myIron w ork, a Gun, a Great Coat, a Small pot, One Brown Rigg, One Marewith he r increase forever.
Item I give unto "Andrew McCalvaine 30 acres of land adjoining thepla ntation where "son James lives."
Item I give unto Andrew McKee one great Coat also to Wm. McKeen OneIro n small pott
Item I give unto Alexander Muckewaine One yearling.
Also I will and Ordain that my son George during his minority shallre main with my son James and that my son George shall at the age ofTwent y one years Take unto his Own possession what I have hereinbequeathed.
Item I will and Ordain that my son James to be my full whole and soleE xecutor of this my Last will and Testament and I do utterly Revokeall f ormer wills and Testaments by me in anywise heretofore made ordeclared .
Witnesses: Andrew Mucklewaine (seal)
signed Sealed published pronounced and Declared in sight and presenceo f us Daniel Micker (Mickey?) Tho. Cokayne his mark
Francis X Mackelvaine
Memorandum this 28th day of October, 1726 Daniel Mickey appearedb efore me, Philip Russell Deputy Register for the County of Sussexupon D elaware and made oath on the Holy Evangelos that in their sightpresenc e and hearing the above Andrew McClevayne signed, sealed,published an d declared the above and within written instrument to behis
last Will and testament and at the doing thereof the said Testator waso f sound disposing mind and memory (to the best of his judgement) andal so that he saw Thos. Cokayne and Francis Mucklevane sign with himas wi tness to the same.
Test. Philip Russell - Register Sussex Co., Prob. Oct,. 28, 1726, Arch
vol. A87, page 170. Reg. of Wills, Liber A., folios 206-207
