Next of Kin in Colonial Maryland

It was recently pointed out to me that next of kin in colonial Maryland probate proceedings may provide clues to family relationships.  The Testatmentary Act of 1715 required the presence and approval of "next of kin" at estate appraisals, these were not necessarily direct descendants, but could be any two heirs who might be "in line" (under English laws in effect at the time). Next of kin might, for example, include parents, grandparents, uncles or aunts, siblings, or nieces or nephews (the latter often referred to as "cousins" in early records). And, although the next of kin present did not have to be nearest kin, they did have to be adults; and might be the representative (guardian) of a minor child (A male child was not considered an adult until age 21, but a female was an adult at age 16 or marriage, whichever came earlier).

The probate of the estate of Charles Scaggs of Frederick County, Maryland is an interesting case for Scaggs researchers. Charles, who died in 1749, was the eldest son of Aaron Scaggs of Prince George's County. The next of kin listed in Charles' probate documents were:

Kin: Mariah (her mark) BRESHEARS and Thomas (his mark) BRESHEARS

Since Thomas Brashears, the son of Benjamin Brashears and Rebecca Walker, was not known to be related to Charles Scaggs, his wife, Mariah, must have been. Her marital status would allow her to qualify as next of kin at age 16, while her brothers, Charles, James and Samuel were minors under 21. From this we can speculate with some confidence that Charles, James and Samuel had an older sister, Mariah.