Many people mistakenly think that Edward Milstead, Jr. was the son of Edward I. In fact, he was the grandson of Edward I. The confusion comes from the fact that both Edward I and Edward II refer to themselves in their wills as Edward Milstead, Sr. To keep this all straight, it is best to refer to the three generations of Edwards as Edward I, II, and III. In his will Edward III provides that “To my father Edward Milstead - I will that he shall be maintained out of my estate during his life.” He was referring to Edward II. You can best reconstruct the basic structure of the early Milstead families by reading the wills below.
The Will of Edward Millstead Sr.
December the 14th day 1733. In the name of God Amen. I Edward Millstead Sen. of Charles County in the province of Maryland ??? being sick of body but of sound and ??? memory thanks to God ??? do make and ordain this my last will and testament in manner and form following that is to say first and ??? I commit and commend my soul and spirit into the hands of Almighty God hoping through his mercy and the merits of my dear Savior's blood which he hath shed for me and all others who through faith and belief in His name do obtain ??? and ??? ,,, my body I commit unto the earth and to Christian and ??? burial to the discretion of my well beloved wife Mary if she survives me or my eldest son if he die before and touching the disposal of my temporal estate which God hath blessed me with all my will is to dispose thereof as followeth:
Item: I give unto my son Edward Millstead my wearing apparel also an orphan boy Jno Ettil??? and one pair of hand millstones and one pair of iron ??? at my decease
Item: I give unto my wife Mary Millstead the one third of my cattle and of hoggs and of the ??? during her life and after her depose to fall to Jno (??) Millstead and William Millstead also appoint my well beloved wife Mary Millstead the whole executor of this my last will & testament
Item: I give unto James Mordock one cow and calf at my decease Item: I give and bequeath the residue of my personal estate which is not here mentioned to be equally divided in three parts between William Millstead and John Millstead and John ???
Item: I give unto Benjamin Shacklit one feather bed & one cow and calfe & ??? which is now in his possession
All my children that are not here mentioned I give unto them one shilling
Signed sealed and delivered in the presence of Christopher Carney, Anne Ast??tt,
/s/EDWARD E MILLSTEAD
On the back of the foregoing will was endorsed the ???? Charles County on the 17th day of January 1733 came Christopher Carney and Ann Hott & made oath on the Holy Evangelists that they saw Edward Milstead sign seal the within writing and heard him publish and declare the ??? to be his Last Will and Testament and that at the time of his so doing he was of sound and ??? memory to the best of their judgments. Sworn before ??? ???
Charles County Maryland Probate Records, Inventories, Book 1717-1735 For Probate Records from 1673-1753 see LDS microfilm #137400/3375-04.366: Edward Milstead decd 9 May 1734 - Edward Millstead & William Millstead nearest kin - John Milstead adm.
In the name of God Amen, I Edward Milstead Sen
of Charles County in the province of Maryland Being
weak in body but of sound and perfect mind and
memory thanks be to God for the same. Knowing the
uncertainty of mans life and that it is appointed for
all men once to die. Do make and ordain this to be my
last will and testament in manner and form follow
ing making null and void all other wills by me
heretofore made. First and principally I recommend
my soul to the hands of Almighty God that gave
it me, and my Body to the Earth to be Buried dea
cently at the discretion of my Executors hereafter named
and as to what worldly Estate it hath please God
to bless me with, I Dispose of in the following manner
Imprim.. I will that all of my Just Debts and fu
nerall Expences be first paid. Item: I give to my
Grandson Samuel Milstead Eighty acres of Land, part
of a tract of Land, called the Two Loving Brothers to be
laid out by a line drawn parallel to the Giving line of
the said Tract of Land called the Two loving Brothers to
him and the heirs of his body lawfully begotten forever
Item, I Give to my son Matthew Milstead the remaining
part of The Tract of land called the two loving Brothers
that is now in my Possession to him and his heirs
forever also I give to my said son Matthew Milstead
one Square Table, five wooden chairs, and one feather
Bed and furniture there unto belonging now in
his possession. Item, I give to James Mordock Son of James
and May Mordock one Feather bed. Item, I Give to
Catherine Clinkscales one Chest. Item, I give to my
Daughter Elizabeth Franklin one English Shilling and
no more. Item, I Give to my Daughter Frances Hudson
one English Shilling and no more. Item I give to
my Daughter Jain Coe one English shilling and no
more. Item, I Give to my Daughter Anne Clinkscales
one English Shilling and no more. And Lastly I con
stitute and appoint my Son Edward Milstead to be
the whole and Sole Executor of this my last will and
Testament. In Witness whereof I have hereunto Sett
my hand and affix my Deale this second day of
February anno Domini 1771
Signed, Sealed, and Delivered
In presents of
Elizabeth Milstead
Thomas Delozier
John Elgin
Edward Milstead
On the back of the forgoing will it is thus written
Charles County ? 15th May 1796 Then came Mat
thew Milstead & made oath on the holy Evangels of
Almighty God that the within Instrument of wri
ting is the trice ? whole last will & Testament of Ed
ward Milstead Sen late of Charles County decd that
hath come to his hands of possession & that he
doth not know of any other.
Certify John Muschett Register of Wills
Charles County ? 16th May 1796 Then came Thomas
Delozier one of the Subscribing witnesses to the forego
ing last will & Testament of Edward Milstead Sen
late of Charles County decd & made oath on the
holy Evangels of Almighty God that hi did see Testa
tor therein named Seal this will that he heard him
publish pronounce and declare the Same to be his last will
& Testament that at the time of his sodoing he was to the
best of his apprehensions of Sound & disposing mind me
mory & understanding What he together with Elizabeth De
lozier formerly Elizabeth Milstead and John Elgin the other
two Subscribing witnesses respectively Subscribed their names
as witnesses to this will in the in the presence of the Testator & in
the presence of each other. At the same time Elizabeth
Delozier formerly Elizabeth Milstead another of the sub
scribing witnesses to the within will & made oath on
the holy Evangels of the Almighty God that she did Subscribe
the name as a witness to the said will in the presence
of Edward Milstead Sen the Testator & in the presence of
Thomas Delozier & John Elgin the other two Subscribing
witnesses that at the time of her sodoing the Said
Testator was of Sound & disposing mind memory &
understanding but does not remember any other
circumstance respecting the execution of the Said
Will. Certd by John Muschett Reg of Wills
of Ledes?
Transcribed 2/27/2003 by Robert B. Milstead
From Maryland Hall of Records
CR 49, 156-1, pg 342-344
Charles County, MD Register of Wills
June Term 1796
I, Edward Milstead Jr
of CC, am sick and weak of body but of
sound and perfect
memory.
To my wife Elizabeth
Milstead - all my lands and tenements which
I now enjoy, during
her widowhood or natural life. Likewise
my
household [furniture'
and stock of horses, cattle, sheep, and
hogs, except what is
hereafter mentioned to some of my children.
If my wife remarries,
then she is only to enjoy her thirds of
land, stock, &
household furniture during her life.
To my son John Barker
Milstead - 1 mare colt which came of my
mare Streamer. To my
father Edward Milstead - I will that he
shall be maintained
out of my estate during his life.
To my son Barton
Milstead - 1 mare colt which came of my mare
Nancy Dawson.
To my son William
Milstead - the next colt which
comes of my mare Nancy
Dawson.
To my son Peter
Milstead - a colt of one of my mares at the
discretion of his
mother.
To my 4 sons afd -
after the death of my wife, my lands shall be
equally divided
amongst them.
To my daughter
Benedictor Milstead - a colt of my mare Streamer.
To my daughter
Elizabeth Milstead - a heifer and calf at the
discretion of her
mother.
To my daughters Elenor
Stuart, Ann Gambrie, & Catherine Stuart -
1 shilling sterling
each.
Executors: my wife and
my son John Barker Milstead
Signed Sep 13, 1782 -
Edward Milstead,
Wit - George Dunnington, Peter Dunnington,
William Dunnington.
Probated on Feb 25,
1783 by the oaths of the executors and by the
oaths of all 3
witnesses."
David Scott is not a natural child. This is the source; From Charles County Probate Records
1777-1780 pg 2 "David Scott an orphan aged 17 years on July 4th last, came
into court and made choice of Edward Milstead as his guardian. which was
accepted. Ordered that said orphan's
estate be delivered to the afsd guardian, upon his giving bond with sufficient
security. Taken Aug. 16,
1777"
The fourth will is of another Edward that is believed
by some to be the son of Joseph and Rebecca Milstead of Amhearst, VA. If this is true it may shed some light on
the next question about the origins of Joseph Milstead of Amhearst, because
this Edward states he was of Charles County, so that would tie in Joseph to the
Charles County clan. Unfortunately,
other than a belief among the Southern Maryland Milsteads alive today, there is
no evidence available as to who this Edward was.
Edward Milstead Will
In the name of God,
Amen. I Edward Milstead
of Charles County in
the State of Maryland being weak
in body but of sound
and disposing mind memory
and understanding,
considering the certainty of
death and the
uncertainty of the time thereof and
desirous to settle my
worldly affairs and thereby be the
better prepared to
leave this world when it shall please
God to call me home do
therefore make and publish
this, my last will and
testament in manner and form
following, that is to
say.
First and principally
I commit my soul unto the
hands of Almighty God
and my body the earth to
be decently buried at
the discretion of my Executor
herein after named,
and after my debts and funer
al charges are paid I
devise and bequeath as follows
Item
I give and bequeath unto my wife Ann E. Mil
stead all my property
of every description whatever
during her single or
unmarried life and no longer
and after her death or
marriage I give and bequeath
as follows
Item I give and bequeath unto my grandson Edward
Milstead so of Wm D
Milstead decd one negro Girl
child about six months
old the daughter of my negro
woman called Milly
alias Betsey and if my said grand
son Edward Milstead
should die before he arrives to
the age of twenty one
years, then in that case the
said negro child shall
go to my son James D. Milstead
to him and his heirs
forever.
Item
I give and bequeath unto my son Frances
D. Milstead my
daughter Arsino? Scroggin and James ?
Milstead three fourths
of all the rest of my property
equally divided amongs
them to share and share alike.
Item
I give and bequeath unto my three Grand children
Albert, Eldridge, and
Edward Milstead children of my deceased
son William D.
Milstead the remaining one forth of my property
to be equally divided
among them when they arrive at the
age of twenty one
years, and until that time my will and desire
is that my son James
D. Milstead retain the property above
willed to my three
grand children and the interest and hires
arrsing from said
property to be paid by the said James D
Milstead yearly for
the Education and maintenance of my
said Grand children
until they arrive to the age of twenty one
years, and if either
of my said grand children should die before
the arrive to the age
of twenty one years then in that case the
above willed property
shall go the survivors of survivor and
in case of the death
of my grand children above
named before they
arrive to the age of twenty one years then the
one fourth part of the
residue of property willed to my said grand
children shall be the
property of my son James D. Milstead his
heirs and assigns
forever
And lastly I do hereby constitute and
appoint my son
James D Milstead to be
sold Executor of this my last Will and
testament revoking and
annulling all former Wills by
me heretofore made
ratifying and confirming this and none
other to be my last
will and testament
In testimony whereof I have hereunto set
my hand and
affixed my seal this
Eleventh day of December in the year of our
Lord one thousand
Eight Hundred and forty –
Signed sealed
published and declared by
Edward Milstead the
above named testator
as and for his Last
Will and testament in
the presence of us who
at his request in
his presence and in
the presence of each
other have subscribed
our names as witnesses
thereto
Jno B. Lawson
Tho. Milstead
At the foot of the
aforegoing Will it is thus written
Charles County Set? June 7th
1842 then came James D. Milstead
Executor of the
testament and last Will of Edward Milstead ?
Charles County
deceased and made oath on the Holy Evangels?
of Almighty God that
the aforegoing Instrument of writing is the
true and whole last
will and testament of said deceased
that hath come to his
hands of possession, and that he doth not
know of any other.
Test Aquilla Bateman Regr of Wills
Charles County Set?
June 7th, 1842 then came John B. Lawson
one? of the
subscribing witnesses to the aforegoing last will and
testament of Edward
Milstead late of Charles County deceased
and made Oath On the
Holy Evangely of Almighty God that
he did see the
Testator therein named sign and seal this will
and that he heard him
publish pronounce 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 his apprehension of sound
and disposing mind
memory and understanding and
that he together with
Thomas Milstead the other subscribing
witness respectively
subscribed their names a witnesses to this
will in the presence
and at the reuest of the Testator and
in the presence of
each other –
Test Aquilla Bateman Regr of Wills
Transcribed 2/28/2003 by Robert B. Milstead
From Maryland Hall of Records
WK 246-47-2, pg 264
Charles County, MD Register of Wills
April Term 1842