Person:Jacob Warwick (3)

Will of Jacob Warwick

In the name of God and Amen, I Jacob Warwick of Cloverlick in the County of Bath and State of Virginia, considering the uncertainty this mortal life and being of sound and perfect mind and memory blessed by Almighty God for the same, do make and publish this my last Will and Testament, in manners and form following. That is to say in the first place I desire:

2nd: I give and bequeath unto my loving wife Mary Warwick, one Negro man named Jim, his wife Venus, and their two children, (to wit, Phillip and Leroy), and one Negro Girl of the name of Prudence. Also all my household and kitchen furniture of every kind and description, to be disposed of as she may think proper.

3rd: I give and bequeath unto Adam See, who is married to my daughter, Margaret, one Negro man names Isaac and his wife Allison, together with four children to wit, Moses, Amey, Aaron and Sarah and all their issue and to his Heirs, or assigns forever.

4th: I give and bequeath unto George See, son the said Adam See, one Negro boy the name of Jim, son of Isaac. Also on certain tract or parcel of land containing five hundred acres lying and being in the County of Randolph on the old Cisco fork of Elk river, joining the land of John Gibson below and the Heirs of John Duncan above and to his heirs and assigns forever.

5th: I give and bequeath unto Jacob See, son of the said Adam See, one Negro Boy by the name of John, son of said Isaac, also on certain tract or parcel of land containing three hundred and four acres lying and being in the County of Bath, on the East Ridge of the Allegheny Mountain, on the head waters of Elk Lick run, extending to the headwaters of Elk River and to his heirs and assigns forever.

6th: I give and bequeath unto Charles See, on of the said Adam See, on Negro boy by the name of Sam, son of said Isaac, and to his heirs or assigns forever.

7th: I give and bequeath unto Mary Jane See, Daughter of Adam See, one Negro girl by the name of Lotty, daughter of said Isaac and her issue and to her heirs and assigns forever.

8th: I give and bequeath unto Jacob Warwick Mathews, son of Sampson Mathews, one Negro Boy names John, son of Venus and to his heirs or assigns forever.

9th: I give and bequeath unto Andrew Gatewood Mathews, son of Sampson, one Negro boy named Peter, son of Venus and to his heirs or assigns forever.

10th: I give and bequeath unto Sampson Mathews Junior, son of Sampson Mathews, one Negro boy named, Lewis, son of Venus. Also one certain tract or parcel of land containing one hundred and eighty acres, lying and being in the County of Bath on Greenbrier River at the place called and known by the Stoney Bottom and to his heirs and assigns forever.

11th: I give and bequeath unto Andrew Warwick Lewis Cameron, son of Charles Cameron, one Negro boy named ???, son of Venus??? and one certain tract or parcel of land containing two hundred and ninety six acres lying and being in the County of Bath on the west side of Clover ? Lick Creek, joining the land of James Kelso, and to his heirs and assigns forever.

12th: I give and bequeath unto Rachael Poage, daughter of William Poage, Senior one Negro man named Aaron and in case of the death of said Rachael without issue, then the said Aaron to go to and be the property of Mary Poage, daughter of the said William Poage, and to her heirs and assigns.

13th: I give and bequeath unto Andrew Mathews Gatewood, one Negro boy named Bill, (son of Kate). Also one certain tract or parcel of land containing four hundred and eighty five acres, lying and being in the County of Bath on the east side of James Kelso's land, Clover Lick Creek, and to his heirs and assigns forever.

14th: I give and bequeath unto Jacob Warwick, son of Andrew S. Warwick one Negro boy named Isaac, son of Kate and to his heirs and assigns.

15th: I give and bequeath unto Margaret See wife of Adam See, one Negro man named Peter (son of Kate) and to her heirs and assigns forever.

16th: I give and bequeath unto William Woods, who is married unto my Daughter Betsey, The Plantation whereon I now live known by the name of Cloverlick, containing four hundred acres of land, also one tract or parcel of land containing two hundred acres, joining the aforesaid tract of land at the lower end thereof. Also one tract or parcel of land joining the first mentioned land containing four hundred acres, the said land joins said first mentioned land at the upper end and extending up on both sides of Clover Lick Creek. Also one certain tract or parcel of land containing forty acres lying and being on Green Brier River and known by the name of Brown's place. And one certain tract or parcel of land containing four hundred and twenty seven acres lying and being on the west side of Clover Lick survey and joining said land (The whole of the above mentioned land lies in the County of Bath) and to his heirs forever.

17th: I give and bequeath unto Warwick Gatewood, son of William Gatewood one certain tract or parcel of land containing three hundred and twenty three acres lying and being in Randolph County on the head waters of the Elk River at the place known by the name of the Roaring Spring and to his heirs and assigns forever.

18th: I give and bequeath unto Woods Poage, son of William Poage Junior, one certain tract or parcel of land containing one hundred and eighty acres lying and being in the County of Bath on the west side of Green Brier River called the Rich Lands near Clover Lick. Also one certain tract or parcel of land containing one hundred and sixty nine acres lying and being in the County of Bath near Clover Lick. Between the lands of Andrew Sitlington (now Andrew Erwin's) and my own land and to his heirs or assigns forever.

19th: I give and bequeath unto Mary Poage Daughter of Wm. Poage Junior, one certain tract or parcel of land containing five hundred and twenty acres lying and being in Bath County (formerly Augusta County) on the Allegheny Mountains about six miles from Clover Lick and to her heirs and assigns forever.

20th: I give and bequeath unto Mary Poage daughter of William Poage Junior once certain tract or parcel of land containing five hundred and fifteen acres, lying and being in the County of Bath on both sides of Clover Lick Creek and joining the land that was formerly Thomas Anderson's and to her heirs or assigns forever.

21st: I give and bequeath unto Betsey Poage daughter of William Poage Junior one certain tract or parcel of land containing one hundred and eighty six acres lying and being in the County of Bath on the top of Clover Lick Mountain and to her heirs and assigns forever.

22nd: I give and bequeath unto Betsey Mathews daughter of Sampson Mathews one certain tract or parcel of land containing four hundred and twenty acres lying and being in the County of Bath (formerly Augusta) joining a survey of Andrew Sitlington's (now Andrew Ervin's) on the waters of Green Brier River. Beginning near the Laurel River and to her heirs or assigns forever.

23rd: I give and bequeath unto James Woods Warwick and Jacob Warwick sons of Andrew S. Warwick a part of a survey containing altogether nine hundred and sixty-seven acres which part is to begin at Woods' Run and ? towards Clover Lick Creek, with the lines of the survey lying and being in the County of Bath on the waters of Elk Lick Run a branch of Green Brier River to be equally divided between the said James W. Warwick and Jacob Warwick and their heirs and assigns forever.

24th: I give and bequeath unto my Servant man known by the name of Ben, the balance of the aforesaid survey (which I bequeathed unto James W. Warwick and Jacob Warwick) from Woods' Run to the upper end of said survey including all the land within that bounds. Also I give unto the said Ben, two milk cows and to his heirs or assigns forever.

25th: I do hereby emancipate and set free my Servant man known by the name of Ben, together with his wife Kate and Charles their son for and in consideration of the faithful services to me.

26th: And lastly, as to all the rest, residue and remainder of my Real or Personal Estate, goods & chattels of what kind and nature soever I may die possessed of not herein bequeathed, I desire they may be sold by my Executors herein after named and the proceeds thereof to be distributed in the following manner.

To Wit: My Beloved Wife Mary Warwick the sum of five hundred dollars. And if a meeting house should be built in the neighborhood of Andrew Bourland's, I desire that the sum of five hundred dollars may be paid towards building the same. To Mary Jane Gatewood daughter of William Gatewood, I give the sum of five hundred dollars & to her heirs. And the balance which may remain after paying the above legacies to be equally divided and paid unto the rest of my grandchildren not mentioned in the land claims.

I do hereby nominate and appoint Charles Cameron and Andrew S. Warwick, Executors of this my last Will and Testament, hereby breaking all former wills by me made. In Witness Whereof I have hereunto set my hand and seal the Twenty Sixth Day of March in the year of our Lord, one thousand eight hundred and eighteen.

(Signed)Jacob Warwick (Seal)

Signed, Sealed, Published and Declared by the above named Jacob Warwick to be his last Will and Testament in the presence of us, who have hereunto subscribed our names as witnesses in presence of the testator.

Val (?) White

William Sharp

John Sharp

This codicil to my last will and testament, I do make on the 31st day of March in the year one thousand eight hundred and twenty five. I do hereby revoke and annul the bequest made in my said will to William Woods and do will and bequeath the said lands therein mentioned to my Daughter, Betsy who intermarried with the said William Woods and to her heirs forever.

-I do revoke the bequest made to my Grandson Sampson Mathews and do will and bequeath the said tract of land therein mentioned containing one hundred eighty acres unto Charles Cameron Francisco son of Charles L.Francisco and to his heirs forever and the Negro Boy, Lewis, I do will and bequeath unto my grandson John Woods Warwick, son of Andrew S. Warwick and to his heirs forever.

-As I subscribed and paid towards building the Meeting House mentioned in my said will Two hundred dollars, I do therefore revoke the bequest made for that purpose in my will.

-As I have given to my daughter Margaret See a Negro boy called Moses, I intend him in place of the Boy, Peter and hereby revoke the bequest to her as it respects said Boy, Peter.

-I will and bequeath unto my grand Daughter, Hannah, daughter of Andrew and Sally Gatewood, my Negro girl, now a small child called Kate, a child of Venus and to her heirs forever.

-I do hereby revoke the bequest made to my Grand son Andrew M.Gatewood, so far as it respects the IOU?? bill.

-I will and bequeath unto my grand Daughter Mary Jane, daughter of Jacob W. Mathews, my Negro girl, Judy, a child of Venus, and to her heirs forever.

-I will and bequeath unto my grand Son, James W. Warwick, son of Andrew S. Warwick, my Negro Boy, Bill and to his heirs forever.

-I will and bequeath unto Mary M. Francisco, daughter of Charles L. Francisco, my Negro girl, Phillis, a child of Venus and to her heirs forever.

-I will and bequeath unto my grand Daughter, Mary Jane Gatewood, daughter of my Daughter, Jane Gatewood, my Negro girl, Prudence and her child, Sally and to her heirs forever.

-I will and bequeath unto Patsy Warwick, the wife of my son, Andrew S. Warwick,my Negro man, Jim and his wife, Venus and their two children, Grace and Aaron and to her heirs, by her present ??, the said Andrew S. Warwick, forever and I do hereby revoke the bequest of five hundred dollars heretofore made to Mary Jane Gatewood and give her said Negro Girl, in place thereof. I will and bequeath unto my Grand Son, Sampson L. Mathews the sum of forty dollars.

In Testimony whereof, I have hereunto subscribed my name and affixed my seal, the day above mentioned.

(Signed) Jacob Warwick (Seal)

signed, sealed and declared as the last Will of Jacob Warwick in the presence of:

Henry M. Moffett

Josiah Beard

Pocahontas County February Court 1826

This last will and testament of Jacob Warwick, deceased together with a codicil thereto annexed was presented in Court and proven by William Sharp and John Sharp, two of the subscribing witnessed thereto and the Codicil proven by Henry M. Moffett and Josiah Beard, witnesses thereto; and ordered to be recorded.

Teste: Josiah Beard, Clk

[Source: Pocahontas County, Virginia, Will Book 1, Page 74]

Records in Augusta County, VA

From Chalkley’s Augusta County Records:

• Vol. 2 - Sitlington Heirs vs. Sitlington's Widow--O. S. 79; N. S. 27--Bill, 3d December, 1805. Orators are viz: James Kelso, and Elizabeth, his wife, John Young and Polly, his wife; Nathan Crawford and Jane, his wife; Jennet Sloan (Kean?), Andrew Beaty and Agness, his wife; Edward McLaughlin and Jane, his wife; of whom Elizabeth, Polly, Jane Crawford, Jennet and Agness are the daughters and Jane Erwin is granddaughter of John Sutlington, deceased. John was brother of whole blood of Andrew Sutlington, of Bath. Andrew died 1787 without issue, widow Elizabeth. He made a will, dated 1801, and this suit is to contest it on account of inability by age and infirmity, being 90 years old. Andrew had writt John in Ireland to come to Virginia. He married Elizabeth when aged. She was a Montgomery? Her brother (?) John was a preacher. Defendants are viz: Elizabeth Sutlingon (widow of Andrew), Jacob Warwick, Andrew Sutlingon Warwick, Andrew Sutlington (son of Robert Sutlington), John Montgomery, and Andrew Erwin. Jacob Warwick answers that oratrix, Jane McLaughlin, is niece of Andrew Sutlington, who is understood to have had a half-sister, Mrs. Sherman, living in Pennsylvania at his death. Andrew had married the mother of Jacob. Elizabeth answers that John Sutlington had a son, Robert, now living in Bath. James Erwin is brother of Jane McLaughlin. Andrew died 15th April, 1804. He was in his 85th year. John Sutlington came to this country in 1774. Andrew and Elizabeth were married in 1779. Andrew Sitlington's will dated 12th October, 1801. Proved in Bath County, June, 1804. Wife Elizabeth; legat Gean Crawford, wife of Nathan Crawford. Legatee Andrew Sitlington Crawford, son of Nathan. Legatee Gennet Sloan and her daughter, Polly Sloan. Legatee Polly Young, wife of John Young. Legatee Agness Beaty, wife of Andrew Beaty. Legatee Elizabeth Kelso, wife of James Kelso. Legatee Elizabeth, Sitlington Kelso, daughter of Elizabeth Kelso, Legatee nephew, James Erwin. Legatee nephew, Andrew Erwin. Legatee niece Jean McGloughlin, wife of Edward, and her son, Andrew McGloughlin. Legatee Andrew Sitlington McDonald, son of Samuel. Legatee Elizabeth McDonald, daughter of John. Legatee Elizabeth McDonald, daughter of Samuel. Legatee Andrew Sitlington Warwick, son of Jacob. Legatee Andrew Sitlington, son of Robert. Letter by Andrew to John dated Greenbrier, 25th September, 1776, speaks of brother William (in Pennsylvania), and brother Thomas, of sister Elizabeth. [Source: Abstracts of the Wills and Inventories of Bath County, Virginia 1791-1842, Jean Randolph Bruns].

Information on Jacob Warwick

From "Waddell's Annals of Augusta County, Virginia, from 1726 to 1871", pg. 352:

JACOB WARWICK

The Southern Historical Magazine for August, 1892, contains an article by the Rev. William T. Price, entitled “Pioneer History,” from which we obtained most of the following facts in regard to Jacob Warwick and his family.

The father of Jacob Warwick came to Augusta county from Williamsburg probably about the year 1740. He was a Lieutenant in the service of the British Government, and was employed in surveying and locating land grants in Augusta. His Christian name is not given, but we find a deed on record, from James Gay to John Warwick, dated March 21, 1759, and presume that the grantee was the same as Lieutenant Warwick, so called. According to the article referred to, he married Elizabeth Dunlap, who lived near the present village of Middlebrook; but another account says his wife was a Miss Gay. He obtained for himself a tract of land called Dunmore, in the present county of Pocahontas, then a part of Augusta. After the birth of four children,—Charles, Elizabeth, Jacob and John—and settling his family on the Dunmore estate [at the great risk of being murdered by Indians,] Lieut. Warwick concluded to visit England. He was never heard of after his departure, and being given up for dead, his widow subsequently married Robert Sitlington. In the mean while she had managed to have the Dunmore estate settled upon her son, Jacob. It is said that Joseph Bell became the guardian of Jacob and John Warwick, but of this there is no record proof. Nor, as far as the archives of August show, was there any administration on the estate of Lieut. Warwick.

Jacob Warwick married a Miss Vance, daughter of Col. John Vance of North Carolina. For a number of years he lived at Dunmore, and there all his children were born. Afterwards he removed to land he had acquired in what is now Bath county. He was a man of great enterprise and considerable wealth in land and cattle. But he seems to have been unambitious, and during his life held no conspicuous public office. Like all frontiersmen, he was of necessity an Indian fighter. He was never sure, however, that he had ever killed more than one savage. This was in a hand-to-hand fight, and the tree at which it occurred was remembered by people living in 1891. It was always a grief to him that he had caused the death of one human being.

It is related that on one occasion a scout from Millborough warned Warwick that a large party of Indians were returning from the east, and that he and about twenty men waited in ambush for them, on the mountain south of Clover Lick. The white men fired, and with such precision that every shot killed or wounded an Indian, causing the survivors hastily to retire. Mrs. Warwick with servants followed her husband and friends, carrying provisions to them. The date of this occurrence is not given.

On another occasion Warwick went to the region of Randolph county, with a party of land agents and surveyors, and as they apprehended no danger, on account of the inclemency of the season, they went unarmed [very improbable.] They, however, encountered a band of Shawnees, who fired upon and killed three of them. Warwick’s horse was wounded and fell, but recovered himself and bore his master and another man safely home, thirty miles off, in one day.

Elsewhere we have stated that Jacob Warwick redeemed and brought back the boy John Gilmore, who was carried off by the Indians from Kerr’s Creek in 1764. Mr. Price says the rescue occurred soon after the battle of Point Pleasant, in 1774, when Warwick was on a trading expedition among the Indians, and that the boy was stolen from the Indians at Fort Pitt, without their consent. He is undoubtedly mistaken as to the date and place. The Indians were compelled by Col. Bouquet, in the latter part of 1764, to deliver up their white captives, and it is hardly possible that they detained the boy named for ten years longer, and then brought him to Fort Pitt, still holding him a prisoner.

It is supposed that Warwick was a member of Capt. George Mathews’ company at the battle of Point Pleasant, and unless tradition is entirely unreliable, he contributed materially to the success of the whites in that memorable conflict. When the battle began he, with others, was remote from the camp securing a supply of meat. Hearing the firing, he and his party hastened to rejoin the army, arriving at a critical moment, and the Indians mistaking them for a reinforcement under Col. Christian, who was known to be approaching, abandoned the conflict.

Jacob Warwick was actively engaged during the Revolutionary war, but we do not know the extent of his services. All that is certainly known is, that he was Lieutenant of Capt. William Kincaid’s company which served in lower Virginia, in the early part of 1781. When Bath county was organized in 1791, he was one of the Justices of the Peace.

His death occurred in January, 1826, in the 83d year of his age. He was buried on the west branch of Jackson’s river, six miles from the Warm Springs, and his descendant, Mr. Price, says pathetically: “Were it the grave of Campbell’s ‘Last Man,’ it could not be in a much less frequented place.”

Mrs. Warwick died in 1823, when she was 80 years of age. She is described as eminent for piety and many excellencies.

The children of Jacob Warwick and wife were one son, (Andrew), and six daughters. One of the daughters was the wife of Charles Cameron.

1. ↑ International Genealogical Index. ( The Church of Jesus Christ of Latter-day Saint, 1999-2008).