[p.9] of the Dominion of Caecilius Absolute Lord And Proprietary of the Province of Maryland & Avalon Lord Baron of Baltimore Anno Domini one thousand six hundred & seaventy Betweene Stephen Mountague of Charls County in the Province of Maryland Planter of the one part And Hugh French of the County & Province aforesd Planter of the other parte Witnesseth tht the sd Stephen Mountague as well for & in Consideracon of the Quantity of tenn thousand poundes of Tobacco to him in hand paid by the sd Hugh French the receipt whereof the sd Stephen Mountague doth hereby acknowledge

[p. 10] & of Every parte & parcell thereof doth hereby absolutely & clearely exonerate acquitt & discharge the sd Hugh French his Executors Administrators & Assignes by these prsnts Give grant bargaine aliene sell enfeoffe and Confirme unto him the sd Hugh French his heirs & Assignes forever all tht parcell of land Called by the name of Batchellours harbour lyeing on the East side of PisCataway river about two miles from Piscataway Creek beginning at a marked

[p. 11] Cedar standing att the mouth of a Creek in the sd river Called St Georgio Creeke & running south and East downe the river for the length of three hundred & twenty perchs to A marked red Oake standing att the mouth of a Creeke Called Jecomo Creeke bounding on south wth the sd Creeke & a line drawn East north East for the length of five hundred perches to a marked Oake on the East wth a line drawne North West from the end of the former line to the head of a Creeke tht falleth into St Georgio's Creeke call'd Ash Creeke on the north wth the said Creeke on the West wth the sd river

[p. 12] Containeing & now laid out for Eight hundred Acres more or lesse together wth all rights titles profitts & benefitts thereunto belonging

Royall mines excepted and alsoe all Pattent's Deed's writinges and Liber D Evidences touching & Concerning the Same To have & to hold the said Parcell of Land & all & singular the bargained premises unto him the said Hugh French his heirs & Assignes for ever & he the said Stephen Mountague for himself his heirs Executors & Administrtrs doth hereby Covenant & Grant to & wth the sd Hugh French His heires & Assignes tht he the sd Stephen Mountague his heirs [r. 13] Exectrs and Administrators the sd parcell of land & all other the bargained premises unto him the sd Hugh French his heires & As- signes against all persons wtsoe ever shall & will warrant & for ever defend by these prsnts the rents & services hereafter to become due to the Lord Proprietary for the same alwaies excepted & foreprized & fur- ther tht the sd Stephen Mountague his heirs & Assignes shall and will from time to time & att all times hereafter during the space Of [p. 14] seaven years att the reasonable request & att the pp Cost & charge in the law of him the sd Hugh French his heirs & Assignes make doe execute & suffer & cause to be made done executed & suffered & all & every such further & other act or Acts thing or things device or devices Assurance or Assurances wtsoever requisite in the premisses for the better Assuring & more sure makeing of the said bargained prmisses unto him the said Hugh French his heirs and Assignes for Ever be it by inrolement of these presents fine Feoffements or other- [p. 15] wise or by any such law full waies and meanes as by him the said Hugh French his his heirs or Assignes or Councell Learned in the law shall be reasonably devised advised or required in Witness whereof the parties to these Indentures have interchangeably here-unto sett their hands & seales the day & yeare above written

Signed Sealed & Delivered 0 in psence of Us Stephen Mountague

Henry Bonner
Phillip Lines

Hugh1 French, 1679, Thomas Swaney

Proceedings of the Provincial Court, 1681-1683 Vol 070, pg 237

Provincial Court Proceedings, 1682. 237

Thomas Swaney Hugh French late of Charles County Planter was agt attached to answere unto Thomas Swaney of a Hugh French plea of trespasse upon the Case And Whereupon the said Thomas Swaney by Robert Ridgely his Attorney complayneth that Whereas the said Hugh ffrench the Tenth day of March 1679 in Consideracon that the said Thomas Swaney would come to his Plantacon at Picka waxon in Charles County aforesaid and worke with his servant or servants in a Cropp of Come Tobacco and beanes the yeare Ensueing in the nature of an Overseer, Hee the said Hugh ifrench did Assume upon himself and to the Said Thomas Swaney did ffaithfully promise that dureing the time the said Cropp should be in hand the said Hugh would find and Provide for the said Thomas sufficient dyet washing and Lodgeing, and when the said Cropp was finished would deliver unto the said Thomas One equall share of all the Tobacco Come and beanes that should be made upon the said Plantacon And that the said Hugh would not take off or any otherwayes Employ any servant or servants that should be put with the said Swaney, And the said Thomas was to allow the said Hugh, If but one servant worked with him, One thousand pounds of tobacco for his Accomodations for that prsent yeare, and if more servants worked wth him then Onely five barrels of tobacco.

Hugh1 French, 1682, Thomas Swaney

Provincial Court Proceedings, 18 Jul 1682

Liber W. C. Come for his accomodacon for that prsent yeare And the said Thomas in fact sayth that trusting to the faithfull promise and Assumption of the said Hugh to him the said Thomas soe as afore said made hee the said Thomas Swaney the said tenth day of March in the yeare aforesaid did worke with two servants of the said Hugh ifrench as their overseer as aforesaid and did upon the ground of the said Hugh at Pickawaxon aforesaid that yeare make a Cropp of Corne Tobacco and beanes viz Seaventeen hogsheads of good sound Corne One hogshead of Nubbins and two bushells of beanes, And did fill with Tobacco Ninety foot of houseing, wch said Cropp of Corne Tobacco and beanes was of the Vallue of Tenn thousand pounds of Tobacco, one third part whereof properly be longed and appertained to the said Thomas Swaney deducting Onely out of the Come ffive barrells for his Accomodations had the sd Hugh found him with dyet and Lodgeing dureing the makeing of the Cropp aforesaid But the aforesaid Hugh ifrench his promise and Assumption soe as aforesd made not regarding but deviseing and fraudulently intending him the said Thomas Swaney of his Labour aforesaid to deceive and defraud The Eighteenth day of July then next following refused to allow the said Thomas dyett, and in the heighth of the Cropp in the month of August then next following one John storey One of the said ifrench's Servants then in the Cropp with the said Thomas he the said Hugh ifrench did take away & detaine for the Space of ffifteene dayes, And when the said Cropp was fully finished he the said Hugh the said Thomas swaney his share of Corne Tobacco and beanes aforesaid to deliver according to his promise aforesaid although often thereunto re quired denyed & as yet doth denye to the damage and losse of the said Thomas Swaney ffive thousand pounds of Tobacco and there upon he bringeth his Suite

p. 589 And the said Hugh ffrench by Thomas Burford his Attorney cometh & defendeth the force and Injury when &c and prayeth Liberty to imparle hereunto untill next Provinciall Court and it is granted unto him the same day is given to the plantiffe likewise Now here at this day to wit the Sixteenth day of October in the seaventh yeare of the Dominion Of the Right honoble Charles Lord Baltemore &c Annoq Doni 1682 Came the said Thomas Swaney by Robert Carvile his Attorney and the said Hugh ifrench by his Attorney aforesaid And the said Hugh ifrench by his said Attorney sayth That he did not Assume upon himself in manner and forme as the said Thomas Swaney above against him hath complained and of this he putteth himself upon the Country And the plt likewise Itt is therefore comanded the sheriffe of St Maryes County that he Cause to come here twelve &c by whome &c & who Neither &c. to recognize &c because aswell &c. On w± said sixteenth day of October in the yeare aforesaid came the said partyes by their Attorneys aforesaid. and the Jurors Im- Liber W. C. pannelled being Called likewise came to wit Symon Wilmore, Henry Mitchell ffrancis Gutterick George Hodgeson, James Peterkin, Richard Jones, Leonard Greene, John Alward, John Miller, John Cassock Samuel Dobson & Robert Gutterick Who being elected tryed and sworne to say the truth in the premisses Upon their Oathes doe say That the said Hugh ifrench did assume upon himself in manner and forme as the said Thomas Swaney above against him hath Complayned and they assesse the Damage of the said Thomas to Two thousand foure hundred pounds of Tobacco: Therefore Itt is Considered by the Court here that the said Thomas Swaney Recover against the said Hugh ffrench Aswell the aforesaid sume of Two thousand foure hundred pounds of Tobacco Damages by the Jurors aforesaid informe aforesaid Assessed as also the sume of three thousand one hundred eighty nine Pounds of Tobacco for costs of Suite And the said Defendant in mercy &c.

Hugh1 French, Will, 20 Jan 1699

Wills of Richmond County, Virginia 1699-1800 Robert K. Headley Jr.

Wills and Inventories 1699-1709

F33v Hugh French, St Mary’s Parish, Richmond County, Virginia, Will 20 Jan 1699 proved 3 Dec 1701 200 acres in Maryland to be sold and money paid to son Hugh; daughter Mary 200 acres bout of David (Darnall), sons Daniel and Mason, daughter Margaret 130 acres executor wife Margaret. Witnesses John Battaile, Simon Miller, John Miller

In the Name of God Amen I Hugh French of the Parish of St Maries and County of Richmond being sick in body but in Sound and perfect Sence and memory do make this my Last will and Testament In manner and form following. Imprimis I bequeath my Soul to God that Gave it hoping by the Merritts of my blessed Savior to receive a Joyfull Resurection att y(e) Last day my body to the Earth to Be Buried att the discretion of my Deare wife. My Will is that my Land in Maryland being two hundred Acres be sold by my Executrix for money Sterl and that the full produce be paid my Son Hugh and in Case she does not Sell it for money I give the land to him and his heirs forever. I Give my Daughter Mary two hundred acres of Land out of that Tract I bought of David Darnell next adjoyning to the Land Simpson Darnell gave my said Daughter to her and her heires forever, also one Negro woman and child called Sarah and all the said Negro womans Increase (a white Counterpaine and Suite of white Curtaine and Valance (after her mothers deceases) and I give her the best Feather bed in the House (Except her mothers) with furniture & two paire of Holland Sheets four fine pillow beers three paire of Course sheets Six pewter dishes one dozen of plated one dozen peening (?) two brass kettles two Iron potts a spitt dripping pan and frying pan two table Cloathes twelve napkins Six towells foure Cowes and a darke gray paceing horse with side saddle and furniture w(ch) I Lately bought for her all the promisses by me bequeath to my Said Daughter, and her heires forever to be delivered att the day of her marriage or death of her mother which shall first happen also Six Sows and ten sheep I give her also two thousand pounds of tobb(a) to be paid att the aforesaid time. Item the remaining part of the Land I bought of David Darnell I give unto my Sonnes Daniell & Mason Equally to be divided when the Eldest is of age to them and theire heires forever. Item One Hundred and thirty acres which Lyes upon the back of John Fosakers plantation I Give my Daughter Margarett French and to her heires forever and four Cowes a feather bed and furniture and two paire of Sheets and ten thousand pounds of tobb(a) to be paid att the day of her Marriage. I Give to each of my Sonns a feather bed furniture and Sheets and Each of them a horse and five thousand pounds of tobb(a) Each of them to be paid when they shall attaine the age of Sixteene w(ch) I do make them then Capable then of manageing what I leave to all of them to Each I give a pott and frying pan also I give my daughter Margarett a brass Kettle. All the rest of my Estate unbequeathed I Give to my deare wife Margarett French whome I make Exectrix of this my Last will and Testament and do Revoake all former wills by me made. In Witnesse whereof have Sett my hand and Seale this twentieth day of Jan 1699/1700. Signed Sealed and Published to be the Last will by Hugh French before us

Jno Battaile
Wm Marshall
Simon Miller
John Miller

On 3 December 1701, Hugh's will was presented for probate by his wife's stepsons Simon and John Miller. The copy of the will recorded in the Will Book in Richmond County was recopied as the handwriting style is contemporary with the 20th century. The inventory of Hugh's estate was presented on 1 July 1702. Hugh's net worth at his death is the measure of success he achieved over his lifetime. Footnote for last will and testament of Hugh French.

"Last Will and Testament of Hugh French," 1 January 1699/1700 (recorded 3 December 1701) Richmond County, Virginia Will Book 1701 pp. 340, 341-42, Office, Clerk of Circuit Court, Richmond County, Warsaw, Virginia. Also abstracted as cited before in end note number one.

F55r - Hugh French Inventory (10 Nov 1702)

Hugh1 French, Land Records, 1692-1693

Abstracts of Land Records of Richmond County, Virginia 1692-1704 by Mary Marshall Brewer Richmond County Deed Book 1 1692-1693

Sep 1693 Deed. John Fosaker and Elizabeth his wife of St Mary’s Parish, Richmond County for 2000 pounds of tobacco sold to Hugh French OF SAME PLACE A 146 Â½ acre parcel of land being the remaining part of Fosaker’s back land which came by hissaid wife Elizabeth daughter of Mr Mott adjoining land sold to David Darnell. Wit: Tho Parke, Antho Prosser. Mrs Fosaker came before Alexander Doniphan and Francis THORNTON & declared she was not compelled but did it freely and willingly. Acknowledged 4 Oct 1693. (Book 1 page 86)

30 Sep 1693 . Power of Attorney Elizabeth FOSAKER of Richmond Count do appoint Alexander DONIPHAN of same county to be my attorney to ackn the (above deed unto Hugh French). Witness Alexander DONIPHAN junior, Benjamin Harvey Book 1 page 88.

1693. Bond John Fosaker of St Mary’s Parish Richmond County am firmly bound unto Hugh FRENCH of same place in the quantite of 10,000 pounds of tobacco and caske the condicon of this obligation is such that if John FOSSAKER & Elizabeth his wife shall keep all the covenants in the above deed , then this present obligacon to be void. Wit: Alexander Doniphan, Francis Thornton. Book 1 page 89.

Sep 1693 Deed John Fosaker & Elizabeth his wife of St Mary’s Parish Richmond County for 3000 pounds of tobb sold to Hugh French of same place.. 100 acre parcel of land bounded by Captain Geo Mason, Wm Coston, Capt John Glendening, and the said Fosaker, Wit: Wit Alexander Doniphan, Fran Thornton, Tho Parke, Antho Prosser, Acknowledge 4 Oct 1693 (Book 1 page 90)

21 Sep 1693 Deed. David Darnell (Darnall) & Margaret his wife of St Mary’s Parish Richmond County for 7000 pounds of tobb in caske sold to Hugh French of same place a 600 acres parcel of land adjoining William Thornton, Colnll Wm Fitzhugh, Rich Shipway and James Orchard part of a patent lying in Rappa and Stafford Cos granted to Mr Mottswitness: John Fosaker, John Carter, Manser Hubbart, acknowledged 4 Oct 1693 (Book 1 page 91)

21 Sep 1693. Bond. David Darnall of St Maryed, then this present obligacon to be void. Wit John Fosaker, John Carter, Manser Hubbard (Book 1 page 93)

22 Sep 1693 Power of Attorney. David Darnall and Margarett do appoint Edward Jones our attorney to acknowledge the above deed to Hugh French. Witness John FOSAKER, Manser Hubert, John Carter (Book 1page 93)

Abstracts of Land Records of Richmond County, Virginia 1692-1704 by Mary Marshall Brewer Richmond County Deed Book 2 14 Jan 1923/3
Deed of Gift. Simon MILLER of Essex County planter for several good consideration and the love and affection I bear unto Tho Parke of Essex County schoolmaster being in perfect memory give unto the said Tho Parke a tract of land adjoining Hugh French, Anthony Savage, Robert Paine during the life time of the said Tho Parke, and after his death, what improvements shall be upon said land except his moveable estate shall return to me the said Simon Miller. Wit Rees Evans, Samll Jacques. Acknowledged 3 Jan 1693 (book 2 page 2)

Abstracts of Land Records of Richmond County, Virginia 1692-1704 by Mary Marshall Brewer Richmond County Deed Book 3 1697-1704
27 Sep 1699. Deed. Sampson DOWELL of Glouster County, Virginia and Elizabeth my wife for a valuable consideracon assign unto John BATAILE of Essex County, Virginia, all our right of the within deed of 300 acres on the other 200 acres being already passed by gift unto Mary FRENCH daughter of Hugh FRENCH Witness B. Ackn 4 Oct 1699 Book 3 page 43

Hugh1 French Did Not Marry Margaret Gaines

From Margaret Amundson, 7 Sep 2003

Below is a segment of a manuscript dealing with several issues related to Daniel Gaines. One is his daughter Margaret. This was published in its entirety in The Virginia Genealogists.

There are several messages on the Gaines, Prosser, Miller or French Genfourm Bulletin Boards that have a subject lines with Margaret Gaines the wife of either Hugh French or Simon Miller in them. Anthony Prosser the son of Margaret (?) and John Prosser was born by 1673, the year his father John signed his will and named him among his legatees. The eldest child of Daniel Gaines and wife, Margaret, would be no older than ten years in 1673; an age not acceptable for marriage in that society.

There is no evidence any investigation into the information proving or disproving these facts was ever conducted before passing it on to other unsuspecting armchair genealogists. So how does one check this type of information? They look for records created by or on behalf of the person and check to see if the statement is true. Does that mean they look for a marriage record with the exact date, when hope of finding one is nil? Of course not, but they can build a biography based on dates when Daniel appeared in court that will help to build a framework for further analysis.

After reading Daniel’s will it is apparent his children Bernard and Mary were too young to be married. By implication his daughter Margaret’s marriage, is fairly recent because he wants her to have property associated with setting up a household. Was Margaret, the daughter of Daniel Gaines, the same Margaret who married John Prosser as so many have stated over the years?

Women seldom created records on their own behalf, therefore records for the men in their lives are important in establishing the milestones. A comparison of the age of the two Margaret’s answers the above question. In this part of the case study three of the four men who married Margaret (maiden name as yet unknown) died testate so the wills of these men are important to read and the various provisions, dates and names noted and assembled in chronological order.

Daniel Gaines, Will, 1682

From Margaret Amundson, 7 Sep 2003:

Please read the will of Daniel Gaines (quoted below). You will note in it he did have a daughter Margaret who appears to have been newly married. As you read further down in the will you will note Daniel Gaines had no natural grandchildren on the date in 1682 when he signed his will. In his will he make a provision should all his children die without issue that his land should go to his step-grandson John Smith.

After you have read the will, go back and look at the information on Margaret, the wife of John Prosser. In the will of Symon Miller we learn she had a son Anthony by John Prosser who was born at the time Prosser signed his will. [making about 12 years old at the time Gaines signed his will] Anthony Prosser died about 1719 so he was living when Gaines wrote his will. Certainly Daniel Gaines would have made his residual heir his grandson before he would a step grandchild. The wife of Hugh French was not Margaret the daughter of Daniel Gaines. Who she was is a mystery.

Gaines Genealogy

Sparacio, comps., Will Abstracts of (Old) Rappahannock County, Virginia 1682-1687 (McLean, VA: The Antient Press, 1990) p. 39-41

Margaret Gaines, the daughter of Daniel Gaines, was not the wife of Hugh French.

1a. Daniel GAINES married Margret left his will on 18 Aug 1682 in Sittenbourn Parish, Old Rappahannock County, Virginia

2a. Bernard GAINES

2b. Margaret GAINES

2c. Mary GAINES

(son in law John SMITH) grandson John SMYTH

Mentions Ophants of Colnll John CATLETT

Loving kinsman, John Catlett, & sons in law John Smyth and Ralph Rowzey, and not to go to law one with the other.

Daniel Gaines Will

Old Rappahannock County Will Book 1672-1687, Pp 47-48

In the name of God Amen. I Daniel Gaines of the Parish of Sittenburne in the County of Rappa; being in good health of body and of sound and perfect memory Praise be therefore given to Almighty God to make and ordaine this my last Will and testament in manner and form following; That is to say, First & principally I commend my soul in the hands of Almighty God hoping that through the merits death & passion of my Saviour Jesus Christ to have full and free pardon and forgiveness of all my sinces and to inherit everlasting life and my body I commit to the Earth to be decently buried at the discretion of My Executrx here after named. As as touching the disposition of all such worldly estate as it hat please God to bestow upon me I give and dispose thereof as followeth:

Imprimis. It is my will that ll my debts that I justly owe to any man be well & truly paid & and in the first place the the orphants of Colnll John Catlett deceased to be paid out of the negroes and other goods that did belong to the sd Colnll Catlet’s estate the negroes & goods to be paid as they were appraised to me as my appear by Inventory.

Item I give and bequeath unto my son Bernard, all my land that I now live upon to him & his heires lawfully begotten & that he shall not let sell or mortgage any part of parcel of the same so longe as his two sisters, Margret & Mary, or their heires be alive. It is my will that if all my children died with out heirs of their bodyes then my land to fall to my grandson, John Smyth & to his heirs forever.

Item I give to my daughter Mary, the mare colt that now sucks on my Mare Betty and and all her encrease to her & her heires for ever.

Item It is my will that the mare heifer & hogs that I have give to my grandson in law John Smith be & remaine to his proper use forever.

Item. It is my will that the first living Child that my negro Cate doth bring be give to my daughter Margrett, and to her heirs forever & if it lives to the age of three yeares to be in lieu of a man servant, otherwise to be in no stead.

Item I do give to my son Bernard my silver hilted sword & Belt and my seale ring.

Item I give unto my deare & loveing wife, Margret, one third of all my estate in lieu of her Dowre

Item My will is that the other two parts of my estate be devided between My three children, Bernard, Margaret, and Mary and no part is to be apprised but to be inventoried and delivered in kind.

Item It is my will that my daughter Margaret, have a good feather bead & furniture at my death in full of her part of my bedding.

Item It is my will that my daughter Mary, have the use of so much housing & land as she needs soe long as she continued unmarried.

Item It is my will that as soone as it can a man servant be bought with Tobacco for my daughter Margaret in part of he porcon.Item. It is my will that my wife, son Bernard and Daughter Mary keep their shares together for their menteynance doing their best by their endeavor to increase the same as long as my Wife continues a widow or so long as either of my children continue unmarried and at the day of marriage of my wife or either of my children. Then my children’s part to be delivered them in kind.

Item My will is that my two children, Bernard & Mary have as many things a piece out of my Estate as my daughter, Margaret, hath already and the rest to be devided between them equally by my loveing kinsman, John Catlett, & sons in law John Smyth and Ralph Rowzey, and not to go to law one with the other.

It is my will that my estate be inventoried within ten dayes after mydecease

Item I give to my dear and loveing wife twenty shillings to buy her a mourning ring to ware for my sake and to my two daughter each of them a ring of ten shillings price.

Item It is my will that if I die having no tobacco in my house that my servants bee and remain together till they make a good crop of Arenoco tobacco out of which my wife having first taken her thirds, then my son Bernard & daughter Mary have out of the rest each of them as much as my daughter Margrett, hath already then if any re remaining over and above to be devided equally between them all three.

Item It is my will that my children have their estate at the death or day of marriage of my wife whether they be of age or not.

Item It is my will that the children of Colnll John Catlett remaine with my wife till they come of age, if my wife continue unmarried.

Item I nominate and appoint my dear and loveing wife my sole executrix of this my last Will and Testament and Guardian to my children so longe as she live a widow. It witness where of I the said Daniel Gaines to this my last will and Testament do set m and seale this eighteenth day of August in the yeare of our Lord one thousand six hundred eighty two.

Daniel Gaines
Signed sealed and delivered and declared this to be
My last will and Tesamt in the presence of Wm Murrow
John Catlett, Wm Browne.

Wee the subscribers do hereby testifie and declare upon or Oaths that wee did see Capt Danll Gaines within menconed signe seale and deliver this with in menconed as his last Will & Testament to be best of our knowledge. William Murrow, John Catlett, Wm Browne Juratisunt in Cur Com rappa 1 die 8bris ano 1684 recodatr 16

Margaret Gaines: Rouzee

Daniel Gaines married the widow Rouzee in 1662. This marriage date is derived from the record whereby John Catlett turned over the property of his half brother’s children to Gaines. Therefore the Gaines children would be born after that date. Anthony the son of Margaret (?) was born by 1673. A date when the eldest child of Daniel Gaines and wife Margaret would be no older than ten years; an age not acceptable for marriage in that society [21].

January 1662 Daniel Gaines in court regarding the property of Ralph and Sarah Rowzee. The property transferred hands from John Catlett the half brother of Ralph Rowzee deceased, to Daniel Gaines the children’s new step-father. This record establishes a time frame for the marriage of Daniel Gaines and the widow Rouzee and determines the range wherein a first child could have been born.

1682 Daniel Gaines signed his last will and testament. He named his wife Margaret, and two daughter’s Margaret, Mary and a son Bernard, sons-in-law Ralph Rowzee and John Smith and a grandson-in-law John Smith.

When records on the two Margaret’s are compared it is apparent Margaret the daughter of Daniel Gaines, was too young to be the same Margaret who married John Prosser and gave birth to a son Anthony by 1673, therefore they are not the same person [21].

John Prosser, Will, 1677

Old Rappahannock County, Virginia Deeds & Wills Part pp 23-25

IN THE NAME OF GOD AMEN. I JOHN PROSSER of the GOLDEN VALLE in the Parish of Sittingbourne in the Freshes of Rappae County being very sick and weak but yet in perfect strength of memory blessed be God doe make this my last Will and Testament in manner and forme following

Imprs I give my Soule to God that gave it who is my Creator hoping to be saved by his mercy in Jesus Christ my Savior and Redeemer and not by any Merrits of my own for I am less that the lest of all his Mercies and my Body to the Earth wth descent and Christian buriall by my first wife, Martha.

Item, I give unto my wife that now is, I meane my loving wife, Margarett, five hundred acres of land on the North side of the River joyning to five hundred acres sold to Thomas Pannell to her and her heirs and assigns for ever, and one halfe of my movable Estate my Debtsand funerall charge being paid; and if my movable estate will not pay my debts, then so much of my land back upon Pewmansin to be sold by her as will fully satisfie all, she I doe hereby make my full and whole executrix to execute my whole Will.

Item, I give to my Eldest son, John Prosser, my Plantation called the Nutgrove, and the land thereto belonging to his and his heires for every and in case he die without issue the surviving brethern to have it divided amongst equally.

Item, I give unto my second sonne Samuel Prosser, four hundred acres of land joyning upon his brother John, to him and his heires for ever he dying without issue the land to be divided among the surviving Brethren.

Item my Plantation of the Golden Valle and the land in that neck I give to My loveing wife Margaret, during her Naturall life and then to fall to myeldest son John Prosser and his heirs forever.

Item I give to my two sons joyntly by name Roger Prosser and Anthony Prosser a devident of land containing one thousand one hundre acres lying upon Mattepony Swamp to them and their heires for ever to be divided by lott, when the eldest of them come of age and they dying without issue to be equally divided betweene the surviving Brethren; yest this shall be no barrr to any of them or to hinder any one of them from selling his own proper inheritance if occasion require.

Item I give unto my sonne in law Robert Goffe and Thomas Goffe, two hundred acres of land joyntly, joyning upon my Back Line of my divident of the Golden Valley for them and their heirs forever.

Item I what land I have over and above what I have disposed of as aforesaid to be equally divided among my four sonnes by name John Prosser, Samuel Prosser, Roger Prosser, and Anthony Porsser and I leave under God all mysonnes under the protection of my loving wife Margarett, until they come one after another to the age of eighteen and to whom she shall think fitt to put them too and do hereby desire Mr James Kay to assist my said executrix in performing all my Will and Testament and whereas I have sold some land that as yet hadth no conveyance doe hereby impower my said executrix of Mr James Kay or his or her certain Attorney to give conveyance for the same and to acknowledge it to be recorded and in confirmation of these Revoaking all other wills and testaments to this my last Will and Testament. I have set to my hand and seale this 28th day of August 1673. Signed Sealed and confirmed for the Last Will and Testamt of John Prosser in the presence of us John Waight, Hugh C Palmer

JOHN PROSSER

The Witnesses hereunto according to an order of Court held for Rappae County were sworne before us this 30th day of Jun 1677

ANTHONY SAVAGE
James KAY

Symon Miller, Will, 1684

Old Rappahannock County, Virginia Will Book 1682-1687 pp 13-15

IN THE NAME OF GOD Amen. The last Will & Testament of Symon Miller of the Freshes of Rappa aged Seaven and thirty yeares or thereabout being of true and perfect memory doe in the first place commit my Soule unto God as a Mercifull Creator relying upon Jesus Christ my Redeemer by whose precious blood I hope to be saved, I commit my Body to the earth to be decently buried I doe will and bequeath as follows:

Item I give unto my Sonn, Symon Miller, halfe the devidend of land I now live on to him and his heires for ever. Any my Son Symon Miller, to cleare and plant as he shall think fitting in his Mothers Life time upon the said Devidend excepting the Plantation. And Further I give to my Son, Symon, a sorrill Mare with a white blaze on the face and all her increase to him forever. And in case I dye it is my will that my Son, Symon be sent the next five years for England.

Item I give and bequeath to my Sonn, William Miller, the other halfe divident of land to him and his heires forever and a Chessnut Mare with her Increase forever and full power I give to my Son William Miller to clear and plant as he shall think fitting upon any part of the said devidend.

Item I give unto my son, John Miller, two hundred acres of land adjoyning to Doctor Reynolds to him and his heirs forever and a black mare with a hook brand on the near buttock with her increase forever.

Item I give unto my Daughter, Susanna Miller fouwer hundre eight acres and a halfe of land being the halfe devidend of land adjoyning to Col Cadwalldr Jon on the head of Pumans Inn to her and her heirs forever. And my old Mare with her increase for ever.

Item, I give to my daughter Isabella Miller, the other halfe of the devident at Pumans Inn to her and her heires for ever, and a black mare about two years old and her increase forever, The Mare is branded with LM on her near Buttock.

Item I give unto my daughter Margaret Miller, two hundred acres of land on back of my land adjoyning to Doctor Reynolds to her and her heires for ever and a brown mare branded LM with her increase for ever.

And Last of all I leave my wife full Executrix, and the rest of my Estate I give my wife to bring up my children and to be at her disposing after my decease my debts and other my estate to be devided equally betwixt my children.

It is my will that the three Mares given to my son will andmy son John and my daughter Susan that the foales they go with all shall goe into the stock and if any of them being a Mare foale it is to be given to my wifes son ATNHONY PROSSER and if they doe bring a mare foale my wife as she thinkgs fitting is to dispose of so much of the stock to purchase her sonn Anthony a mare foale.

And all the male increase of all the smares, except my son Symon to goe into ye said former stiock till my children come to the age of fourteen then male and female of the children to have ye full increase and if any of these children dy before they come of lawfull age then that estate land or mare to be equally devided among the survivors and if any of the childrens mare dy then my wife is to by out of the said stock to make good the same.

And to the sons of Mr Prosser every one of them are to have a heifer delivered to them one after anoth when they come ti eighteen years of age to be delived by executors after my decease.

Item I give unto my wife Margaret Miller the plantation and houses I not live in during her natural life. And in case she should mary one that should lett the house and orchard goe to Ruin then she is to return to her thirds accouding

And I make James Ashton overseer over my estate and children and the overseer Jas Ashton to dispose of the children at sixteen years of age as he shall think fitt but in case the said Mr James Ashton dyeth en the children to be at their own disposing if they lie to goe to any handy craft trade they have a mind unto.

Sealed and delivered in the presence of us
Nathaniell Tomlin
Francis Thornton
SYMON MILLER
James Taylor

Mr Francis Thornton aged about 32 yeares or there abouts saith that on Febby 18 1679 was at the house of Capt Symon Millers and he then and there called me into his inner room and presented this Will to me and said it was his which accordingly I witnessed it further saith not. FRANCIS THORNTON Juratus est THORNTON in Cur Com Rappa quinto die 7bris Anno 1683

I the Subscriber doe hereby testifie and declare that I did see with testar signed and publish this with in mentioned to be his last Will and Testament and that he was then in perfect sense and memory to the best of mthis deponts knowledge and Further saith not JAMES TAYLOR

Juratus est TAYLOR in Cur Com Rappa 7 die Maii Ano 1684 Probtr p Sacrament Recordatr xx2 die May Ano 1684 TEST WM COLSTON Cl Cur

Anthony Savage Land to Francis Thornton, 1678

Website: http://orphanlegacy.anna-leeaton.com/106.html

_"On November 20, 1678, Anthony Savage, of the upper precinct of Sittinburne parish, conveyed to Francis Thornton and Alice Savage Thornton, his wife, 300 acres to be divided from the tract he then lived on of 1,000 acres, called Mongoheocaia with division to granddaughter, Margaret Thornton, who afterward married Wm. Strother, Jr., son of the first William Strother in America and his wife Dorothy.

In 1727, William Strother, Jr., and his wife, Margaret Thornton, conveyed this land to their son, William Strother, of "Stafford," (who married Margaret Watts) (Register, KY Hist Soc, May 1911). 

In about 1720 Francis patented 8,000 acres of Spotsylvania, Co, VA, next to the falls of the Rappahannock River including what is now the City of Fredericksburg (Virginia Landmarks, p. 161)."

Francis Thornton, Will, 1726

Francis Thornton Will - 1726 Author: Jim BURGESS Date: 24 Apr 2000 _Surnames: Thornton, Riding, Gibson, Taliaferro, Strother, Conway. Will dated 10 May 1726 King George County, Virginia. In the Name of God Amen. I Francis Thornton of the County of King George considering the frailty of this mortal life and being sick and weak in Body but of sound and perfect sense and memory praised be God for the same doe make and Ordain this my last Will and Testament in manner and form following: _Imprimis: I give to my two sons Francis Thornton and Rowland Thornton all my tract of Land at the foot of the Lower Falls of Rappahannock River containing Eight Hundred & Odd acres which I purchased of Mr John Hawkins, my son Francis to have the upper part and my son rowland the lower part of the said land by equal appurtenances doe I give and bequeath to my said two sons Francis and Rowland to them or eith of them their heirs forever. _

Item: I give and bequesth to my son Rowland Thornton the one moiety or half of a tract of land containing one thousand acres which I purchased of Mr John Wright as by deed of sale recorded in Richmond County court may appear the said moiety or half which I do give and bequeath to my son Rowland beginning on the lines of John Hawsford and Thomas Tippett and running the full breadth of the said land on both sides of Crowes Swamp upwards to a Division line alredy made by my son Anthony Thornton by my consent which said five hundred ares I doe give and bequeath to my said son Rowland Thornton his heirs and behoofs forever. _Item: I give and bequeath the other moiety or half of the said thouand acres of land purchased of John Wright to my loving wife Ann Thornton in full dower and satisfaction of all my Lands before given and bequeathed that she shall claim no right, title, interfere or claim in or to any of my other lands before bequeathed which said five hundred acres of land I give to my said wife during her natural life and after her decease that is to say after the death of my said wife Ann then the said five hundres acres of land I give and bequeath unto George Riding, the son of my wife Ann Thornton, to him the said George Riding his heirs and behoofs forever. _Item: i give and bequeath to George Riding the son of my wife Ann Thornton, one tract or tenement of land containing one hundred and seventy odd acres which I purchased of Capt John Washington lying and being in the County of King George, the said land I do give and bequeath unto the above named George Riding to him and his heirs forever. _Item: I give and bequeath unto my eldest son William Thornton Five pounds sterling. _Item: I give and bequeath unto my son Francis Thornton Five pounds Sterling. _Item: I give and bequeath unto my son Rowland Thornton Five pounds Sterling. _Item: I give and bequeath unto my daughter Elizabeth Gibson Five pounds Sterling. _Item: I give and bequeath unto my dauhter Sarah Taliaferro five pounds Sterling. _Item: I give and bequeath unto my daughter Margaret Strother Thirty pounds Sterling. I have Ninety pounds Sterling now due to me from my son Anthony Thornton, my will is that these above named legacies to all my children above named be paid out of the said Ninety pounds after all the above said Money Leagacies are paid, I give and bequeath unto my son Anthony Thornton. _Item: I give and bequeath unto my grandson Francis Conway one mulatto girl names Bess. _Item: I give and bequeath unto the within named George Riding son of my wife Ann, five slaves by name - Mullato James, Negro Dick, Negro Jane, Negro Nanny and a negro boy names Samuel. _Item: I give and bequeath unto Margaret Riding, daughter to my wife Ann Thornton, six slaves by name - Negro Charles, a girl named Peggee, a Negro girl names Frank, Negro Susan, Negro Billy, a Mulatto Jacob. _Item: The rest of my Negroes I give and bequeath unto my loving wife Ann Thornton during her natural life and after her decease I will and bequeath all my said Negros to be divided by equal portions between George & Margaret Riding, son and daughter of my wife Ann Thornton. _Item: I give all my personal estate unto my Loving wife Ann Thornton during her widowhood and in case she married my said personal estate to be equally divided between my said wife and ther two within named Children George & Margaret Riding by three equal portions.

And I do hereby make constitute and ordain my loving wife Ann Thornton my whole and sole executrix of this My Last Will & Testament. In witness whereof I have hereunto set my hand and seale this 10 day of May 1726. _s _Signed Sealed and Acknowledged Fran: Thornton Seale _in presence of us _T. Turner _Thomas Moore _John Kendall (His Mark)

At a Court held for King George County on Friday ye 7th day of Oct 1726. _This last Will & Testament of Francis Thornton, deceased, was presented into Court by Ann Thornton, his Widow & Executrix, who made oath thereto and the same was proved by the oaths of Thomas Turner, Thomas Moore and John Kendall the Evidences thereto Admitted to Record. _Copy test _T Turner Cl:Cur: _Probate: 7 OCT 1726 King George County, Virginia _Deed 16 JUL 1675 William Thornton to Rowland and Francis Thornton 4 _Deed 6 SEP 1692 Thomas Pace to Francis Thornton 5 _Deed 31 AUG 1706 Francis Thornton to Sarah Taliafero (daughter) _Francis was a Colonel of the Virginia Militia, and members of the House of Burgesses from Spotsylvania County, Virginia.

Sources: _Taken from old Thornton family Bible, in possession of Col. Lewis Bedford Thornton, Tuscaloosa, Alabama, and later Mr. W. W. Thornton, Texarkana, Texas. _Will of Francis Thornton of King George County, Virginia, Will Book 1-A (1721-1751), pp. 48-51. Will dated May 10, 1726, probated October 7, 1726. _Title: King George County, Virginia _Text: Will Book 1-A, pages 48-51 _Title: Richmond County, Virginia Records _Media: Civil Registry Text: Deed Book No. 5, Page 49 _Title: Richmond County, Virginia Records _Media: Civil Registry Text: Deed Book No. 1, Page 20 _Title: The Library of Virginia. Bible Records Collection; 29533, Thornton Family Bible Record, 1651-1758. Bible printed in 1672. This accession is updated in Acc. 29785. http://image.vtls.com/Bible/29533/0003.tiff _Title: Marriages of Richmond County, Virginia (1668-1853) _Author: King, George H.S. (Compiled and Published) _Note: St. Louis County Library Media: Book Page: Page 210 [S2097] <../sources/sou0019.html>

Francis married Alice Stafford /SAVAGE/ [61] [MRIN: 43], daughter of Anthony /SAVAGE/ III "The Immigrant" [64] and Alice /STAFFORD/ [65], in 1672. (Alice Stafford /SAVAGE/ [61] was born in 1653 and died in 1695.)

Thomas Arnold, Appraisal, 1684

Ref: “(Old) Rappahannock Co. Va. Records 1677-1787” Reel 5, p 341 (Virginia State Library)

7 May 1684 – At court THOMAS ARNOLD and others to appraise estate of Evan Morgan. At a Court held for Rappahannock Co. on the North Side of the River the 7th day of May Anno Dom. 1684. It is ordered that Mr. Francis Thorne, Wm. Stodder, THOMAS ARNOLD and Adam Woffendall or any three of them meet together at the house late of Mr. Evan Morgan sometime between this and the next Court … appraise the Estate of the said Evan Morgan upon Oath and Mr. Anthony Savage is hereby desired to meet there at the same time to administer an oath to the Relict and Executrix of the said Morgan …

Ref: “Old) Rappahannock Co. Orders 1683-1686” Reel 13, pp. 18-19 (Virginia State Library)

25 September 1684 – Inventory of Evan Morgan’s estate and appraisal recorded. Signed by Francis Thornton, William Strothers, THOMAS ARNOLD, Adam Woffendall on 14 June 1684. These appraisers and the widow of Evan Morgan sworn before Anthony Savage.

Ref: “(Old) Rappahannock Co. Va. Orders 1686-1692” Reel 13, pp. 140-141.

1 Mar 1694/95 – Adam Woffendall of Richmond Co., Planter, of the one partie and THOMAS ARNOLD of the same county, Planter, of the other partie … two thousand pounds of good Tobacco and cask … paid by the said THOMAS ARNOLD … 100 acres of land … in Co. of Richmond on North side of Rappahannock River … bounded … beg. at a white oak standing on the West side of a Western branch of Jengateqgue Swamp thence West to the line of Mr. Anthony Savage. Wit: Xpher Edrington, James Woffendall. Adam Woffendall (seal). Honoria (H) Woffendall. Rec. 20 Nov 1695.

Mason French (son of Hugh1) and David Seale, Case of Jonas Allen, 1722

Written by Margaret Amundson, 25 Aug 2002

Both David Seale and Mason French were indicted for the murder of Jonas Allen in 1722. Both were granted leniency. Unfortunately the early court records are gone. These might have explained what Jonas Allen did that incited such action and excitement that night. I think perhaps Mason's first wife might have been a Seale. Or Margaret his mother might have been a Seale. She named her first son Anthony [Prosser] born ca 1670. Anthony followed on into the Seale family. If there was a marriage between Mason French and a Seale, before he married the widow Catherine (Ellis) Bennett, she would have been the mother of his first two sons, Hugh and Robert [21].

The reference is to when David Seale and Mason French were tried in Williamsburg for the death of Jonas Allen. There were many Seale/French connections and I am now of the opinion that Mason French's first wife was a Seale. She would have been the mother of Hugh who married Margaret Jarvis and Robert who married Mary.

In November of 1722, Mason created a record that many of his descendants wish had not survived. Comments made by others working on the French family suggest they may not have found all of the entries regarding this incident. It certainly is not a subject one would pursue if one felt uncomfortable about its sexual inferences. This record is included here in an effort to quell some of the uneasiness displayed by those made uncomfortable by its existence. Placed in the context of the time, and examined in the entirety, it is not nearly as bad as some have suggested. What is unfortunate is that the graphic details of the indictment have survived, without an exact explanation of what Jonas Allen did, to invoke such anger, from David Seale, who actually beat him to death, and Mason French, who became involved several hours after Allen was dead. First, the indictment, as abstracted, in order to lay the groundwork for interpretation of the event. The justices administered the oath and it is recorded in this document with the exact oath given to them. This oath states the actual belief taught by the Church of England as to what takes place during communion. It can be viewed as a loyalty oath for that time. King George County Court 7 December 1722,

David Seale and Mason French being brought before the Court and accused for being supposed to be Guilty of the Murder of Jonas Allen deceased on the Nine and Twentieth day of November last past: the said David Seale by beating him with his fists and Stomping on him with his feet, the said Mason French by tying his privy members and thrusting a pipe Stem into his fundament. Upon the examination of the evidence, the Court is of opinion that the said David Seale ought to have his trial at Williamsburgh [sic]. Whereupon it is ordered that he be forthwith committed into the custody of the Sheriff who is hereby required safely to convey him to the Public Goal at Williamsburgh aforesaid in order for his trial: And upon the examination the evidence against the said Mason French it appeared that what he did to him was after he had been dead some hours and therefore not accessory to the Murder. Whereupon the Court doth order that the said Sheriff do take him into his Custody until he give good and sufficient security in One hundred pounds Sterling for his good behavior for a year and a day.

Both were granted clemency suggesting what Jonas Allen did was preditory and of a sexual nature. Certainly the phallic nature of Mason's action suggest this.

On 7 December 1722, William Pannell came into court and posted a £40. sterling bond guaranteeing he would appear in Williamsburg to testify at the trial of David Seale. William Raw was required to do the same as were Samuel Dunnoho, Walter Anderson and Charles Seale. By 5 January 1722/23, Joseph King was added to those to be tried for the murder in Williamsburg. Archibald Douglas, George Downing Jr. Dorothy along with Walter Anderson and Margaret Rimer widow, were also ordered to post £40 bonds guaranteeing they would appear in Williamsburg. The following entry appeared in the King George County, for 4 January 1722/23 relating to Mason:

Mason French...at court...examined as a person suspected of the Murder of Jonas Allen...the said Court then thinking fit to discharge him giving security for his good behaviour, But this day on the motion of Benjamin Berryman the Court are of the opinion that the Said Mason French be bound over to the Fourth day of the next General Court to answer all such matters...the said Mason French moved the Court he might be admitted to Bail which was granted he giving security in the sum of Five hundred pounds Sterling for his appearance at Williamsburgh...Mason French came...acknowledged...stand justly indebted...in the sum of five hundred pounds Sterling...

Robert Richards and Hugh French also posted £500. sterling assuring that Mason would personally appear at Williamsburg on the fourth day of the next general court. These actions on the part of his brother Hugh, and Robert Richards suggest Mason had credibility in the eyes of his brother and at least one trusted member of the community. Richards over time was a bondsman for others in the region including Joseph King who was involved in this incident also, and may have been a bail bondsman of sorts. What could Jonas Allen have done that caused such anger on the part of David Seale that he beat him to death, and embroiled the whole community in the aftermath to such an extent? The exact details of the act have been lost. None of the court records which might have contained testimony relating to the events, exist today. It appears from the phallic nature of Mason's actions, and the extreme violence directed toward Jonas Allen, he must have committed an act of a sexual nature, perhaps sodomy, directed toward a child or helpless adult. The victim may have been related in some way to David Seale. Events as described in the indictment, imply disgust for the act committed by Allen. Today, what David Seale and Mason did might be called gay bashing. From the number of people summoned to appear in Williamsburg, the whole community seems to have been caught up in events that night.

Walter Anderson had a license to keep an ordinary at the courthouse. Mason owned land in King George County, inherited from his father. He either leased it or engaged an overseer for a quarter. He is described in the indictment as Mason French of Westmoreland County. He was not that far from home. Machodock Creek, where Mason lived, is in present day, King George County, on a neck of land about 10 miles wide from river to river. The date this incident occurred was too late in the month for it to be a court day.

One should keep in mind public ridicule was part of the socialization process during this time. Public lashing, the stocks and other such punishments were administered for what now would be considered much lesser offenses against society. What Mason did was more an act of ridicule; an expression of contempt. The actual act of murder was committed several hours before he became involved. News of the Seale-Allen confrontation that occurred at Walter Anderson's Ordinary probably incited others gathered to focus on events. Again, details of what prompted them after several hours to deface the body, is not in extant records. Feelings may have intensified through the consumption of alcohol by those present. Certainly Mason did not derive any personal sexual gratification from his actions, as has been suggested by others. Logic suggests that if Mason was seeking to derive sexual pleasure, he would not have had witnesses. Actions of the nature implied in this record, incite violent responses in communities where they occur. Even today people become incensed when they hear of what they consider perverted sexual acts directed towards unwilling participants. What Mason did that night, was probably not unpopular with his peers. He may have been encouraged by some of them.At a session of the Colonial Council of Virginia, held at the capital 26 April 1723, the following entry appeared:

On reading at this Board the Humble petition of David Seal, Mason French, and Joseph King convicted this General Court of Manslaughter for the Death of one Jonas Adams [Allen sic] of the County of King George: upon the Tryal of the prisoners they are fitt objects of his Majesties mercy, And thereupon the Governor was pleased to order, that a pardon be prepared to be passed under the Seal of the Colony remitting to the Petitioner all penalties and Forfeitures to wch they are lyable for the said Offence.

The fact that all the parties involved were granted pardons suggests their actions were reasonable under the circumstances. The pardon also carried with it the implication that Jonas Allen somehow deserved the treatment he received.

These two families were close Neighbors. Anthony Seale was on a list of accounts owed Mason's father, Hugh French. I stop short of saying Mason's first wife may have been a sister of David's because once speculated it morphs into fact. This happened several years ago when I speculated that one Daniel French may have married a Strother. This has crept into the genealogy in spite of the fact it was only speculation. At this time the first wife of Mason in not known but I have no specifice piece evidence she was a Seale.

Hugh2 French, Will, 5 Oct 1736

Hugh2 French Petitions Will of Hugh1 French, 5 Sep 1705

Wills of Richmond County, Virginia 1699-1800 Robert K. Headley Jr

From Margaret R. Amundson, CGsm, which is a service mark of the Board for Certification of Genealogists, used under license by Board-certified associates after periodic proficiency evaluations.

Order Book 2 page 276 William Dowgan admin of his estate to Hugh French; 2 Mar 1697/98.

Hugh French 2 petitioned the will of his father, Hugh French 1, in Sep 1705 while Hugh was still a minor. Prochein ami, literally translated, means “next friend”. A next friend acts for the benefit of a minor because an infant cannot legally sue in this own behalf [21]. This case appeard in the Richard County Court Order Book. Hugh2 petitioned for his share of his father's estate. Hugh1, in his will probated in Richmond County decreed his children where to have their estate at age 16. Implying that none of his children were 16 at the time he wrote his will in 1701.

Hugh2 French, Land Deeds, 1728

Westmoreland Co., VA Wills and Deeds, Vol. 8, pp. 107-108

Hugh French, shipwright, and wife, Mary, of Washington Parish, said county, sold 208 acres in said Parish 1 Nov 1728 to James Degge of the same place. This was the same property purchased by said Hugh French of Wm. Thompson 21/27 Jan 1714. Witnesses: Robert Wicklift and Richard Barnes. Recorded 12 Dec 1728 with witnesses: Wm. Payne and Edw Buzzadall. Mary relinquished her dower 25 Nov 1728 with witnesses: Jno Martin and Allen Hewtton and power of attorney placed with George Tinborvile, Gent. and presented in court by Thos. Tinborvile.

"List of Voters from Westmoreland Co.", by Jane A. Lion. The VA Genealogist, 25 (Oct/Dec 1981) 275-250. p. 277: Capt. Daniel McCarty’s Freeholders, 9 Nov 1741 includes "Hugh French Senior". pp. 279-280: List of Freeholders that voted for Capt. Aylett, 19 Nov 1741 includes "Hugh French, Sworn".

From the wording of Hugh2’s will, one can deduce that he was not entirely happy with his son, Hugh3. First of all he did not appoint him to be executor of his estate. Then in spite of leaving him what appears to be the best portion, he says [21]:

...if they [the executors] think him worthy and deserving of it otherwise my will and desire is that they shall dispose of the said lands and Negroes and other things as equally as they can to my other sons Daniel and Mason and their heirs.

Hugh3 must have proved himself worthy because at the time he wrote his own will on 21 October 1739 he owned the land his father described.

Cossum Bennett, Will, ca. 1717

First Husband of Catherine Ellis

Hugh3 French, Will, 21 Oct 1739

In Name of God Amen this Twenty first day of October in the year of our Lord God one thousand Seven hundred and Thirty nine I Hugh French of Stafford County in Colony of Virginia being Sick and weak in body yet of~ perfect Sense mind and memory and being willing to Settle my worldly affiars and to dispose of that Estate wherewith it hath pleased almighty God (& are above my merits or deserts to endow me) do make ordain and appoint this my last will and Testament in manner and form following hereby revoking disannulling and making nold [null] and of none effect all other will or wills Testament or Testaments by me hereto fore made or done Imp:es I recommend my Immortal Soul into the hands of God that gave it me in hopes to receive the same at the general resurrection of the Just and as for my mortal body to the dust I commit to be decently buried, Item I give & bequeath unto my son Mayson French the Land and premises which my Father Hugh French bought of Lewis Elsey containing Six hundred acres more or less and also two Negroes called Frank and Dinah to him and his heirs and assignes forever, Item I give unto the child my wife is now big with the Land and premises I bought of William Davison lying in Bulskin Marsh in Shandoe or the Slaves Nan, Pegg and Jenny in failure of the said Land not being made over to my said child as also my water mill Lying on the South side of Potomack Creek adjoining to the plantation I now live on to my said child its heirs and assigns forever. Item I give unto my beloved Wife Betty French my three Negroes Jack, George and Anthony to her heirs & assignes forever. Item I give all the rest of my personal Estate to be Equally divided between my beloved wife Betty French my son Mayson French and the child my wife is now big with to them their heirs and assigns forever Item~ It is my will and desire and I do hereby give and bequeath all my whole Estate reall and personal with all my Lands Negroes and moveables aforementioned in case my son Mayson French and the child my wife is now big with should die before they come to age according to Law to my beloved Wife Betty French and her heirs and assignes forever Item I appoint constute and Ordain my beloved Friend James Waugh my whole and sole Execu[to]r of this my Last Will and Testament and hereby authorize and appoint him to alienate and make over the Land and premises I sold unto the honorable Tho[mas] Lee according to my bond to the said Coll. Lee and in Testimony hereof I have hereunto set my hand and Seal the day and year above Eppressed

Signd Seald and acknowledged Hugh French

in presence of us
Levin Powell, Micajah Brittingham Jno Benson~~~~

At a Court contd and held for Stafford County May the 15th 1740

The Last will and Testament of Hugh French Deced was presented in Court by James Waugh the Exec[to]r therein named who made oath hereto according to Law & being proved by the Oaths of Levin Powell and Micajah Brittingham witnesses thereto who declared they Saw John Benson the other witness Sign the same certificate is granted him for obtaning authorization in due form

Test H. Tyler ClCu~~

The certificate was granted for obtaining probate.

On 26 May 1740 Peter Daniel, Tawleigh (Raleigh) Travers and William Cave returned the inventory. The total value was £243 plus. Among the items listed was an old sloop and rigging, suggesting Hugh was involved in the transporting of goods by water.

On 22 August 1740, Betty French married James Waugh. Waugh became the guardian of the French children Mason and Rachel. In 1746 Waugh sought to correct an error made in the inventory of Hugh's estate. Apparently Nathaniel Brittingham, shortly after Hugh's death, wrote a series of letters to Waugh regarding a slave named Pleasant and some furniture. Brittingham claimed that French did not own Pleasant but rather Brittingham did. Waugh, who by now had children by Betty, sought to correct this error. He had the letters Brittingham wrote admitted to record along with his own deposition in an attempt to resolve this matter.

Waugh returned accounts of the estate of Hugh French from time to time. He was guardian of the French children. He rented the plantation on the Potomac to Lawrence Suddith for 400 pounds of tobacco. He also rented Nan, Pegg, Jamy, Ceaser, and Lucy and the mill belonging to Rachel for £35. The income seems to have been close to the out put most years. He must have exceeded it some years because by the time he wrote his will in April of 1750, the French children were in debt to him. He forgave the debt in his will providing they laid no claim to the slave Pleasant.

On 7 May 1751 the twice widowed Betty married Andrew Edwards. On 16 January 1755, Rachel French died at about 15 years of age. On 11 March 1755 John Fitzhugh, John Murdock, Cain Withers and Daniel Chamber posted bond for Andrew Edwards

...The condition of the obligation is such that if Andrew Edwards truly pays unto Mason French Orphan of Hugh French deced all such Estate hereafter to be due as soon as he shall attain to Lawful age or when thereto required by the Justices as also keep harmless the above name...

Mason was probably a few years from being twenty-one years old. On 6 March 1756 Betty gave birth to Nancy Edwards. Betty must have died sometime after that date. On 19 January 1758 Andrew Edwards married Elizabeth Withers. No further records appear on the child, Mason French. Attempts were made to trace his land to see what happened to it without success, in part due to a void in the Stafford County records. There are no unconnected Frenches living in the area who could have been children of Mason’s [21]. Under a provision in Hugh3 will,

...it is my will and desire...all my whole Estate reall and personal with all my Lands Negroes and moveables aforementioned in case my son Mayson French and the child my wife is now big with should die before they come to age according to Law to my beloved Wife Betty French and her heirs and assigns forever...

Under these conditions, the property passed to Betty’s heirs.

James Waugh, Will, 1748

Will of James Waugh Regarding Guardianship of Rachel French, 1748, Daughter of Hugh French the 3d

Stafford County, Virginia page 4 The estate of Rachael French 8 Sep 1748 James WAUGH Gentleman guardian to Rachael French, Orphan of Hugh French deceased produced.

Will Book Stafford County, Virginia Will Book page 172-173

In the name of God Amen I James WAUGH of Stafford County. Very sick but Of sound memory I do make this my Last Will and testament in manner & form Following making void all other wills.. Imprimis.. My soul to God..

I give to my dear loving wife Betty Waugh the plantation whereon I now live and all the lands adjoining to it that belonged to my Brother John Waugh & five Negroes (named) during her widowhood & if my wife should marry it is my desire that my son John should have the land and the Negroes to be disposed of in manner following.

If my wife should now be with child that the Negroes be equally divided between my Daughter Sarah Waugh & it and if my wife should not be with child that then my desire is that my wife shall deliver up the Negro wench Pleasant & her increase and Moses to my Daughter Sarah at the time of her marriage or at the time she shall arrive to the age of 18 years & and the rest of the Negroes to be my Daughter Sarah after my Wife’s death.

Item I give to my loving son John Waugh all my land in Stafford County after the marriage or death of my wife aforesaid to him and the male heirs of his body forever, for want of such heirs to my son James Waugh & his male heirs. Impr. I give to my son James all my lands in Fairfax County to him and his male heirs want of such heirs to my son John Waugh further if neither of my sons shall have Male heirs then my desire is that the land in Stafford County I have left my son John Waugh should descend after his death to his oldest female and the land I have given to my son James Waugh to his eldest female and if neither of my sons have issue it shall descend to the next heir at Law. Imps. I give to my loving son John Waugh 4 negroes (named)..his heirs forever. Imprs. I give to my loving son James Waugh 4 negroes (named) his heirs forever. Imprs. I give to my loving son James Waugh & heirs forever. Imprs I give to John Turley in Fairfax County 25 acres of land for 21 years lying on Popes head on Bull Runs joining to this Mill beginning at the upper end of his dam where his water flows and running to Bull run to include 25 acres. I give to my son in Law Mason French all my account against him before this date hereon condition he lays no claim to the Negro woman Pleasant aforementioned in my said Will & if that said Mason French lay any claims or insist for any part that he should pay my Account and this money be divided between my son John Waugh and daughter Sarah Waugh. Impr I give to my daughter in law Rachel French all my account against her before the date here of on condition she lays no claim to the Negro woman Pleasant aforementioned in in my will & if said Rachael French Should lay claim for any part then she should pay my account and the money divided between my son John and daughter Sarah. Impr. I give to my loving wife Betty Waugh the rents belonging to the estate of my Brother John Waugh AND wife Betty WAUGH the rents belonging to the estate of my brother John Waugh what money is due from William Walker to me she paying all the debts & legacies of my Brother John and paying to William Walker 1800 pounds tobo a year as per agreement between Walker & myself. Imrs I give to the ExEr of William Wise it being 47 pounds it being the balance of his account against me to be appropriated as the rest of his estate and to be paid by my Exrs. In the year 1751. there being no perfect amount left by the said Wise against me. _

Imps I appoint my loving wife and friends Mr John Mercer, The Revd John Moncure, Capt. Gerrard FOWE & Mr John Hamilton exrs of this my last will and testament and it further my desire that Mr John Mercer and the Revd John Moncure have the care of my two sons after they arrive to the age of twelve years with their estates to support them till they arrive to age of 21 years, and if they think convenient to bind them out to any trade they shall think proper. Imps I give all the rest of my estate to be equally divided between my dear and loving wife and my children. â€¦.. In Witness 13 Apr 1750

Presence P. Mauzy
Wm Lampton, Mary her mark Lampton
James Waugh

At court held for Stafford County 11 Sep 1750.. Last will and Testament of James Waugh Gent deceased presented into court. Proved and admitted to record.

At a court held Stafford County 12 Mar 1750 administration with the Will annexed of James Waugh Gent Deceased is granted Betty Waugh his widow she having entered into bond with Francis Dade, William Mountjoy her security

Daniel French the Elder, Will, 16 May 1749

Robert French, Will, 1743

To my sister Margaret French one Negro girl Jude. In case Jude should die before my sister arrives to the age of fifteen years, then 25 Pounds sterling. Unto my sister Margaret one feather bed and furniture and two cows and calves.

To all my Godchildren that I ever stood for twenty shillings sterling each.

To my loving brother Hugh French my horse called Prickett and my bridle, saddle and furniture, and all my waring apparrell and 1000 pounds of tobacco.

Unto my dear and loving wife all the remainder of my estate during her natural life but in case my wife Mary French should die without heir then two thirds of my estate given my wife shall descend to my brother Hugh French’s children Daniel and James and the other third I leave to my wife to use at her discretion.

My loving wife and my loving brother Hugh French executrix and executor.

Signed Robt. French. Wit: Thos. Ley, John Edmondson. 10 Dec 1743. Hugh French the deir at law having nothing to object against the proving of his will, proved by Thomas Ley and John Edmondson. Mary French took the oath of an executrix. Pages 63-65. Bond of Mary French as executor of Robert French. 20 Dec 1743. For 1000 Pounds sterling. Securities, Simon Miller and Thomas Waring jr. Signed: Mary (MF) French, Simon Miller, T. Waring. 20 Dec. 1743 Acknowledged.

Hugh French5, Will and Settlement, 1845 and 1856

Will of Hugh French, Page 1 and Page 2.

Settlement of Hugh French, 1856, Page 1 and Page 2.

Triplett Family Records

Name: Mary Brown
Sex: F
Birth: 1682 in Westmoreland County, Virginia
Death: 5 OCT 1735 in Stafford County, Virginia
Ancestral File #: G1L9-1S

Mary was a very attractive young widow, and soon attracted the attention of Hugh French, Jr. His father had died and left him a good legacy. He was born 1684. Hugh and Mary were married around 1706. Hugh was a strict but fair step-father to Mary's young son Francis. At age 16, Francis begged his step-father to let him go to sea, as his cousin, Francis, son of Thomas had done.

Descendants of the Triplett Families; Virginia , North & South Carolina; 1982; Crown Printing, Fullerton, California; by Mrs. Hortense E. Abbot

Mary was named Administratrix of her father's estate on 10-30-1704

Francis Triplett, Jr. born 1672, married Mary Browne in January 1702. She was the daughter of Captain Originall Brown and his wife Jane Brooks Higdon.

They were both dead and Mary chose as her guardian, Caleb Butler , 29 October, 1701 as she was not quite 18. They had at least 2 children, one of whom we are not sure of, the other was Francis the 3rd born 1704. His father, Francis Jr., died sometime in the late summer of 1704 and on the 4th of October 1704, Mary was granted letters of administration to administer the estate of her late husband, Francis Triplett in Richmond County, VA.

Father: Original Brown b: 1648 in Westmoreland County, VA

Mother: Jane Brooke b: 1650 in Westmoreland County, VA

Marriage 1 Francis Triplett b: BEF 1672 in Richmond County, Virginia

Married: 2 JAN 1700/01 in Westmoreland County, Virginia

Children

Mary Triplett b: ABT 1702 in Richmond County, VA

Daniel Triplett b: ABT 1703 in Richmond County, VA

Francis Triplett b: BEF 1704 in Richmond County, Virginia

Marriage 2 Hugh French b: 1684

Married: AFT 1704 in Westmoreland County, VA

Children

Hugh French

Elizabeth French

Mason French

Margaret French

Daniel French b: ABT 1715

Francis Triplett, father of Francis Marion Triplett (above), was born about 1672 in old Rappahannock, Virginia. He married Mary [Brown] at the turn of the 18th century and they had two [known] children before Francis died at about age 32 in Richmond County, Virginia. On October 4, 1704, his wife Mary was granted letters of administration to administer the estate of her late husband, Francis Triplett, in Richmond Co., VA. His wife Mary, still in her twenties, remarried Hugh French. Along with her Triplett children, Francis and Mary, mother Mary had additional children with Hugh French, including Margaret, Hugh, Elizabeth, Mason, and Daniel French.

Compiled from various sources by Dennis Walsh, September 2005.

Thomas Pannell, Will, 1677

pp. 59-60:

Rappahannock County Wills No. 2, 1677-1682, p. 39

Will dtd. 11 May 1677?; Proved 3 Sept 1677

IN THE NAME OF GOD AMEN I Thomas Pannell [Pannill] being Sick & Weak but thanks to God in Perfect Memory, do Make Constitute & Appoint this to be my last Will & Testamt: Imprimis I bequeath my Soule to God & as for my Worldly Estate I doe give & bestow as followeth Imprs: I give my lands Goods & Chattles Equally to be divided between my Beloved wife Katherine Pannell & my three Children William & Mary & Isabella Pannell & alsoe the Child she now goes wth: & all my Estate to them & their heires for Ever. Item I give to Anthony Prosser a Tract of Land lying at Matapony Branches [sic] wch: was taken up between his Father John Prosser & my Selfe in Copartnership, ye sd Land I say to be divided between my own Children & him & to their Heires for Ever, and doe hereby make & appoint my beloved wife Sole Executrix, & my desire is that she Acknowledge all Deeds of Land from me due, And Alsoe I appoint my Loveing Friends Warwick Cammock & Daniell Gaines to assist my Wife, & in Case of her Mortality to take Care of my Children. In Witness whereof I have hereunto Sett my hand May 11 1676 (these words interlined) & alsoe he. Child she now goes with in ye. 8th: line & to ye. heirs for Ever in ye. 12 line Sign Thomas Pannell (X his mark) Witness: John Powell, aged 33 years or thereabouts William Clapham, aged 23 years or thereabouts. Proved 3 Sept 1677.

Contents

Hugh1 French, Indenture, 1669

Hugh1 French, 1679, Thomas Swaney

Hugh1 French, 1682, Thomas Swaney

Hugh1 French, Will, 20 Jan 1699

Hugh1 French, Land Records, 1692-1693

Hugh1 French Did Not Marry Margaret Gaines

Daniel Gaines, Will, 1682

Gaines Genealogy

Daniel Gaines Will

Margaret Gaines: Rouzee

John Prosser, Will, 1677

Symon Miller, Will, 1684

Anthony Savage Land to Francis Thornton, 1678

Francis Thornton, Will, 1726

Thomas Arnold, Appraisal, 1684

Mason French (son of Hugh1) and David Seale, Case of Jonas Allen, 1722

Hugh2 French, Will, 5 Oct 1736

Hugh2 French Petitions Will of Hugh1 French, 5 Sep 1705

Hugh2 French, Land Deeds, 1728

Westmoreland Co., VA Wills and Deeds, Vol. 8, pp. 107-108

Cossum Bennett, Will, ca. 1717

Hugh3 French, Will, 21 Oct 1739

James Waugh, Will, 1748

Daniel French the Elder, Will, 16 May 1749

Robert French, Will, 1743

Hugh French5, Will and Settlement, 1845 and 1856

Triplett Family Records

Thomas Pannell, Will, 1677