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Historical Graves Moved to Build Shopping Center

The graves of a family from the 19th century are dug up to make room for a shopping center off Crain Highway in Upper Marlboro.

 

More than six graves of a prominent Prince George’s County family from the 1850s have been dug up and moved to make way for a shopping center in one of the largest development projects in Upper Marlboro. Some family descendants say they tried to stop the developer to no avail.

Archaeologists excavated the graves of the George W. Hilleary family, buried in the 1850s on the Beechwood Mansion property off Crain Highway last week.

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“I tried to stop this,” Cecily Hilleary, a descendant said. “I went out there and told them I was not happy.”

George W. Hilleary was a brother of a great aunt’s husband about five generations back, Cecily learned through Ancestry.com. She said George’s grave is one of those removed.

Another descendant, Margaret Whippee, who now lives in Anne Arundel County, said her great, great-grandfather, the late Henry Hilleary, was also buried on the site.

“I don’t see any reason to [move the graves],” she said. “The developer should have built around it; marked it with a little fence.”

Cecily, of Potomac, learned of the planned relocation earlier this year from a local activist. She contacted the state’s attorney’s office and the county’s historical society, but said she was told there was nothing she could do legally.

The shopping center will be built on 28-acre lot next to the 1,200 acre-Beechtree neighborhood off Leeland Road, which will contain at its completion about 1,700 single-family homes, 500 townhouses and 240 multi-family units. Ground broke on the development in 2002, according to The Washington Post.

More than 20 years ago, Ryko Development was approved to develop on the property, according to Jennifer Stabler, an archeology planner coordinator with Prince George’s County’s Historic Preservation staff. They were given permission by the state’s attorney’s office to excavate the graves on Oct. 14, 2009, if they filed the correct paperwork and received permission from the family, the state's attorney's office confirmed Monday.

The Houston-based developer contacted a family member—also named Henry Hilleary of Centreville, MD—to receive permission and it was granted, the family confirmed. 

Henry Hilleary said on Tuesday that he made his decision based on what he believed the family would have wanted.

"If it were me, I would rather be moved and buried in a cemetery, than remain in the middle of a shopping center," he said. He said he was contacted nearly a year before the dig after no one else responded to an advertisement in the paper.

Stabler said the developer advertised the project twice in local papers and also filed legal documents with the county’s health department.

John Erzen, a spokesman for the Prince George's County state's attorney's office, also confirmed the 2009 advertisement was published in The Washington Post and the public was given 15 days to respond to the ad with concerns.

Several calls were made to landowner Vienna-based VOB Limited Partnership, which represents Ryko locally, but they were not returned. A call made to Ryko's Houston office was also not returned.

The Hillearys were a well-known family who settled in Prince George’s County sometime in the 1600s and owned the Beechwood Mansion property starting sometime in the early 19th century, according to Maryland Historical Trust documentation. The home and land were passed down through the generations and after the original home burned down in 1913; it was rebuilt to what it looks like today as a part of the county’s historical sites.

Although there are no plans to remove the mansion, the graves of its owners no longer exist on the property.

“[The graves were] not designated a historic site or a part of the county's historic plan,” Stabler said, “but we encourage the developers to keep the cemetery in place. We don't like these things to be moved.

Stabler said it is legal in Maryland to move graves, although it’s discouraged. The Maryland code outlines in what circumstances a grave can be moved, according to Erzen. He said the state's attorney's office followed the code and its requirement for this project.

Archaelogists removed the remains and in the coming weeks will be analyzing what they found, she said.

There may not be much left to analyze, Stabler said, because soil in the area is acidic and preservation techniques in the 19th century were unsophisticated.

“They should be able to find teeth or buttons,” she said, adding that the grave shafts will be treated with care and respect. “A physical anthropologist will study to see if they are male or female and if they had died of a disease.”

Three markers designate the graveyard, Stabler said—noting its occupants were two males and one female who died in the mid 1850s and early 1860s.  She also said the excavation has revealed a number of unmarked graves that were first thought to be those of children but now are believed to be those of adults, possibly slaves.

“I think we have a pretty good idea of who they are from the unmarked records,” she said, noting they could also be the remains of family members buried before the 1850s.

Stabler noted that two other graveyards remain on the property but there are no plans to remove those. However, there are plans to move an old tobacco barn and intergrate it into the shopping center, according to county documents.

After they are studied, the remains will find their final resting place at the Trinity Episcopal Church in Upper Marlboro, where Stabler noted other family descendants are buried. Stabler said the developers would pay for the interment. Whippee said the late Henry Hilleary's wife is buried at the church.

“I’m not happy about this at all, I’m really not,” Cecily said. “There could be slave graves because slaves were buried with the family. I think it’s a shame.”

This story was updated to include comments from Henry Hilleary, the descendant that gave developers permission to dig. An update on this story can be found: Archaelogists Say 15 Buried in Hilleary Cemetery.

What do you think: Should gravesites be moved for development in Prince George's County? Tell us in the comments.

Related Topics: Beechtree, Beechwood Mansion, Development, Graves, Hilleary, Magruder, and Prince George's County

Cecily Hilleary

5:37 pm on Monday, October 1, 2012

The writer's facts make me sound a heck of a lot older than I am! :) George was the brother of my ancestor John Hilleary--which makes George my 5th great grand uncle. They were descended from the original ancestor, Thomas Hilleary, who came to Maryland in the mid-to-late 1600s and established a family that is still alive and well in Maryland today--with ties to some other prominent old families--the Berrys, the Wilsons, the Smiths, the Bealls, the Magruders and the Claggetts. Not only that, but our ancestors' fortunes were made on the backs of unnamed African slaves and their descendents, who were buried alongside their "owners" without so much as a marker. I was quite certain that slaves were buried there at Moore's Plains, and the excavations have borne this out. They deserve an honored resting place as much, if not more, than my own ancestors.

Maryland's history is really quite brief, when we think of it. I cannot understand why we are so eager to erase what little evidence we have of our past and replace it with strip malls and chain stores. And I'm unhappy that "city hall" was as unresponsive as it was.

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Jacob Bourne

5:46 pm on Monday, October 1, 2012

How did they choose the one family member to give consent when other family members clearly didn't agree?

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Cecily Hilleary

6:53 pm on Monday, October 1, 2012

Jacob, that's all the law requires. And it's in their interests to take the path of least resistance.

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Jacob Bourne

7:24 pm on Monday, October 1, 2012

So if 100 family members say no and one says yes, that's all it takes?

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Cecily Hilleary

7:33 pm on Monday, October 1, 2012

Apparently so. The developer was just lucky enough to find one that said yes--out of county, I might add--before calling anyone else.

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Emily Fanning

9:59 am on Tuesday, October 2, 2012

I think it is a disgrace for the powers to be to not remove the other graves to the church. The slaves were just as important in our history as the original families. And since our govt does not feel the slaves were important enough, the developer should step forward & do something to honor these other graves with the history noted. If we cannot show respect to our graves & the history of the persons in the grave - we are not honoring our roots & our history or being respectful of it. It is a slap in the descendants face who should be proud of their history whether it involved slavery or not. It is our history. I am very sad about this. If the church site could not hold the graves, then that developer should step up to the plate & honor them somehow. Otherwise I sure wont visit or shop at any developing he does. That is how strongly I feel about lack of respect.

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Cecily Hilleary

10:39 am on Tuesday, October 2, 2012

I wasn't aware that the other remains were NOT relocated to the church--and if they are not, I would be doubly upset. Perhaps the Patch can look into this?

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Jonathan Ebbeler

10:57 am on Tuesday, October 2, 2012

I disagree with County staff that there was nothing they could have done. The MHT and MNCPPC historic review was done 20+ years ago and the County has dramatically altered its interpretation of historic interpretation and preservation efforts. In review of the County's Historic Sites and Districts Plan (found here http://www.mncppcapps.org/planning/publications/Publication_download.cfm?FilePath=http://www.mncppcapps.org/planning/Publications/PDFs/235/Approved Historic Sites and Districts Plan.pdf ) much of what was reported is contradicted either in stated goals or existing exceptions. The normal interpretation for burial sites being included in PG are typically a contributing element to a designated historic church or building but as the Plan discloses there are departures from this including the Steed Family Cemetary and Skinner Family Cemetery (81B-001 and 86B-004 respectfully). I disagree with MHT's conclusion that the site fails to qualify just because of who was buried there. The National Registry lists out 6 discrete criteria that are connected by an "OR" not an "AND" indicating any of the 6 would qualify. One of those is "age of the burials." I suspect that County Policy in regards to the collection of oral history of the cemetary was not followed. This is specifically important to identify and preserve unmarked slave and African-American burial grounds. Shame on all of us for letting this happen.

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Julia Hilleary

11:03 pm on Saturday, October 6, 2012

I am just recieving this news due to the kindness of an old friend who noticed an article reminding her of our childhood in Maryland. It is making me sick. I am shocked & dumfounded & incredibly at loss. Thank you all who have contributed, cared & posted this information. Cecily, Your work with theFamily History is invaluable, Thankyou ..

Emil Farkwarp

1:37 pm on Tuesday, October 2, 2012

In the future remember to tell anyone you know that is considering moving there that the place is built over a burial ground. I'll write the first Yelp review!

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Avocado

10:44 am on Wednesday, October 3, 2012

Totally! Maybe the new shopping center will be haunted!

I think a grassy burial area surrounded by a fence with benches for reflection, inside the new development, would have been a great solution. Our society is far too quick to move history and evidence of our mortality, rather than living with it and acknowledging it as natural.

Cecily Hilleary

2:27 pm on Tuesday, October 2, 2012

It's too late for this particular graveyard--but PG County is large, with many tracts of land still preserved and undeveloped, and I am sure there are many graves, marked and unmarked, that remain intact. I hope that in the future, the County will think twice before granting permission to developers--and you can be sure as a result of this, many of us will be a little more vigilant about future development plans.

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greenbeltsgr8

6:32 am on Wednesday, October 3, 2012

I would like to know why the remains are being studied? To me, respectfully moving them does not include disturbing the remains in this way.

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Pete Grosso

7:28 am on Wednesday, October 3, 2012

All this disrespect and disgrace for what? Another CVS, nail salon, and Chinese carry out, not to mention empty stores. I hope those people that were "moved" come back and haunt everything and everyone involved. History, we just wipe out any of it that's left, what a damn shame!

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ConteeRdSauropod

7:49 am on Wednesday, October 3, 2012

Thank you, for the researched info, Sonia! According to this article, the state's attorney office granted permission for the houston-based developer to move graves with consent from one family member. That sounds like the process to alter.

Thank you, Cecily, for trying to make them let graves rest besides moving them to make way for another economic development project. Thank you for sharing your story.

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Nick

8:42 am on Wednesday, October 3, 2012

"Another CVS, nail salon, and Chinese carry out, not to mention empty stores." My goodness, what (or whom) could you be referring to?

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Angela Rodriguez

8:51 am on Wednesday, October 3, 2012

I used to live in Upper Marlbor, and still receive the news for this area. This is the first time I have heard about this very sad story. I am sure, what is being left out, is that the one family member was PAID OFF by the developer to give his consent. I too, was mystified about why and who needed to "study" the remains. Good lord, let them rest already. And next, the family should be contacting their local delegates and congressment to CHANGE that law immediately. They are getting ready to go into session and this needs to be one of the laws that definiately changes.

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Pete Grosso

8:58 am on Wednesday, October 3, 2012

I'm referring to the fact that everywhere you look is a strip mall with the same tenants, nail salon, carry out, and empty store fronts. This should have never happened and I sure hope it doesn't happen again.

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Angela Rodriguez

9:05 am on Wednesday, October 3, 2012

Pete, you are most definitely correct. I used to live in the Condo's across from the country club and the shopping plaza rent was priced so high, the merchants could make anything and kept going out of business, and we had empty super market stores and restaurants, coffee shops, and hair salons, just empty everything. The super market was probably empty more than occupied before the Amish Market came in. Then as I was returning just last week, while driving down Route 301, I passed another strip mall right between Bowie and Upper Marlboro, with another huge empty super market store. So, how does this translate to the fact that yet another strip mall is needed when you have nothing but empties around you?? These developers obviously didn't drive around within a 5 mile radius and check the area out.

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Avocado

10:52 am on Wednesday, October 3, 2012

Well they did make the plans to build 20 years ago. Shouldn't there be a limit on how long permits are good for after they are issued? Maybe 3 years...not 20! Things change!

J Carter

9:20 am on Wednesday, October 3, 2012

Over 9 remains were accounted for according to the original report and someone said there has been over a dozen + more found

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Cecily Hilleary

9:35 am on Wednesday, October 3, 2012

Oh, this makes me ill to read, J Carter. I could tell from my and others' research that there had to be very many more graves than just George Hilleary and his wife Rebecca Magruder. And yes--studying the remains to see whether they had "diseases" or not? I'd wager they want to do DNA to determine who should be buried where. Unless someone would care to prove me wrong.

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Sonia Dasgupta

9:54 am on Wednesday, October 3, 2012

Hey all, thanks for the discussion, as we find out more, I'll continue to update the story: The most recent story was published last night— Archaelogists Say 15 Buried in Hilleary Cemetery— http://patch.com/A-yrTB

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Cecily Hilleary

10:29 am on Wednesday, October 3, 2012

Sonia, I'd like to thank you for your hard work on this story!

Pachacutec

10:34 am on Wednesday, October 3, 2012

I agree with the comments about tearing down a historic site to have yet another strip mall which in all likelihood will be half empty in a year or 2. There are strip malls, shopping centers, vacant sites which have had businesses in the past all over this area; why is it necessary to uproot a site like this, to tear down the few wooded areas we have left, just so some developer can make a few bucks? A quick example - across from PG Plaza, the Mall at Prince Georges, whatever it's being called this week; all of that development, all those restaurants, etc., opened and now? Pretty much a ghost town. There's Hanks, Carolina Kitchen, a few other places, but a lot of the storefronts are vacant and I understand that the company which did the building is in financial straits. Disgusting.

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Avocado

10:54 am on Wednesday, October 3, 2012

It is disgusting. Natural areas are so much more valuable, more calming to people, and more eco-friendly than all this impermeable concrete. Why can't Maryland have more parks and tree areas rather than stupid strip malls?

mary ann hartnett

7:24 pm on Wednesday, October 3, 2012

And Upper Marlboro has flooding problems now. Keep paving. Things can only get worse.

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Jerome C Gray

11:52 pm on Wednesday, October 3, 2012

Jerome C. Gray
This story is very very SAD. If the Ryko Development had information that this was a family grave site. They should have search for another location to built a shopping center. If it was their family, would they want to dig up their family members? What happen to REST IN PEACE!!!!!!!!!!! The family members that were remove from their graves, should be returned ASAP! They have the right to REST IN PEACE! Shame on the Ryko Development. Do you remember the Three Sister Bridge Project on the Potomac River in Washington, DC and what happen!

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arlean hill

7:55 am on Thursday, October 4, 2012

Sadly here again money wins out over respect. One should not be surprised by the developers lack of a social conscience,however we now know that our local officals
lack the same thing. The saying rest for an eternity and not until someone wants to make money is what most of us would like to think. Remember it could be your beloved ancestors next if the laws are not changed. The persons who were burried there were part of the very early colonial families of Maryland.Read up on them in
the book "Colonial Families of the U.S.A, Volume I issue. When our historial sites and grave yards are not preserved our history is lost forever.

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Brook Hubbard

8:35 am on Thursday, October 4, 2012

Has no one watched Poltergeist or similar stories?

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sean auld

6:38 pm on Thursday, October 4, 2012

I am someone who also grew up in this area really close they also need to look very close around the old tobacco barn I do remember finding what we (my 3 siblings and myself ) believe was an old Indian grave sight. I am so sorry for what they are doing but it shows they are more interested in trying to make a buck then to save the proof of where our history lies.

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Johnl

10:54 pm on Friday, October 5, 2012

This happen in Glen Cove,L.I.,NY a quaker burial ground was paved over for a parking lot

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Peggy Anne

11:27 am on Sunday, October 7, 2012

Ghoulishness ! Developers remind me of vivisectionists. Wow ! Another shopping center ? The windshield wipers from hell. I hope the place is haunted like the Beltway Plaza.

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Mike Henry

3:11 pm on Sunday, October 7, 2012

A similar thing happened in Parkville. A number of years ago, 17th century graves were removed from to make way for a small house to be built. The grave yard, located along Acton Road, belonged to the Hiss family. The Hiss Mansion is one street over on Willoughby Ave next to Hiss Ave. My friends, who volunteered their time, used to take care of the graves and cut the grass. One day when they came to do regular landscaping, a backhoe was digging the graves up. A lot of human remains didn't make it to the new location. Many bones ended up in the dump truck headed to the landfill.

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JustObserving

9:58 am on Monday, October 8, 2012

It is very sad and I believe some of the government employees involved in the process are also upset and saddened that more development in Prince George's County is causing the destruction of the cemetery. However, those that live in Prince George's County elect the pathetic government officials (aka Jack Johnson and others) who make the decisions on letting development take the county over. Maybe the family members that sold the property in the first place should have made accommodations for the cemetery in the agreements with the developers they sold to. Personally, I would have done whatever I could to ensure that my loved ones would remain where they were buried. I find it sad everyone wants to blame everyone and say there's more they could do when the officials you elect are, when it comes down to it, the ones to blame.

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Cecily Hilleary

10:36 am on Monday, October 8, 2012

The house ended eventually passed on to Effie Gwynn Bowie, who was the county's historian/biographer and author of "Across the Years in PG County." It remained in the Bowie family until the 1980s. In 1987 it sold to developers. This has been pending for many, many years, unbeknownst to many of us. I find it hard to believe they would have wanted the graveyard to go--that's a decision that appears to have rested entirely with the developer(s), though for the life of me I cannot see why the graveyard, as close to the road as it was and resting in a small copse of woods, would have interfered at all with the building of a shopping center. There seems to be plenty of land there--for the living and the dead.

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CMACK

10:10 pm on Monday, April 1, 2013

Update to all who are concerned! All of the 15 remains are not reinterred. I go by the cemetery almost everyday and nothing has been done. They moved quickly when word got out aboutan Preservationist and family fighting to keep the cemetery intact. But now they are moving slowly to put these people back to rest. Well to all the Belts, Hodges, Hillearys, Smiths, Bowies,Moores, please look into lost loveones who are not showing up in other cemeterys. They might be in this one. On This Plantation there were about a hundred or so of slaves over a period of time and guess what. No slave grave has showed up after all the houses , club house, community house and big golfcourse has been built. Crazy HUH! Well This has been going on all over the county. There is a site right now that sitting in the woods on a homeowers lot that is clearly a slave-exslave built house that a developer has built all around in Bowie. I searched through the developers development records and he clearly left it out of the record. and the county didn't say or do anything about it in the record. See ! The biggest county of slaves owners at one time and just a piece or two of record about us. A chapel here and a house there. Crazy! There should be Sites all over the place! because We have aerial maps from the early 1930s and satellits photos that show plantation layouts still in the 1960-1990s. Wake-up and get active on sites in maryland.ASK QUESTIONS ! Peace and Love
From MACK

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