James Cunningham came to Pennsylvania with his father. He first appears in Virginia records November 1, 1742 when he bought nine hundred acres on Spring Creek in what was then Amelia County. He apparently returned to Pennsylvania soon after and stayed there until after 1745 when his father made his will. Thomas Cunningham stated in his will that James was in Pennsylvania. He came back to Virginia before his father died as he appears as a witness to a deed of sale by his brother John in Amelia County March 16, 1749.
After Prince Edward County was formed he voted in the election to the House of Burgesses March 22, 1754 and December 8, 1755. He was living between the Bush and Buffalo Rivers at that time. On 26 April 1755 he sold land inherited from his father. In 1756 he sold the nine hundred acres on Spring Creek he had purchased in 1742.
James Cunningham then lived in Lunenburg County which later became Charlotte County. By 1776 he owned one thousand acres in Charlotte County. In September 1776 he signed the Prince Edward County petition for religious liberty.
Virginia, Charlotte County, "Will Book", page 224.
Last will and testament of James Cunningham.
In the name of God, Amen, I James Cunningham, planter of the Parish of Cornwall, in Charlotte County, calling to mind that all men are mortal, and being now in a sound and composed state of mind and memory, do make and ordain this my last will and Testament.
First, I commend my immortal Soul into the hands of God, my body to the dust, to be decently buried at the discretion of my executors, in certain hope of its resurrection, and secondly, as to the worldly Estate with which it hath pleased God to bless me, both real and personal, I will and ordain that it be disposed of as followith: VIZ:
I Imprimis, I give and bequeath unto my well beloved wife, Anne, the plantation and tract of land, on which I now live, two negro fellows named Bob and Chunk, and three negro wenches names Kate Sall and Jude, her saddle and bridle, my desk and bookcase and all my books, one Bed and Furniture, one chest marked C.I.A., on the back, and my two oxen, to be her personal property, and for her use during her natural life, and I will and ordain that my wife have full power to give and bequeath at her death, or any time before, the above named negroes, (except Luce, which I give to my daughter Hannah), with their increase, goods and chattels, as she shall think proper to any or all of my Children, or their heirs forever, but to no other person or persons whatever, but if it is found, after her death that she has not disposed of all or any of the above named effects and negroes with their increase I will and ordain that they be sold, and the money be equally divided between my ten children and their heirs.
2. Item: I give and bequeath unto my son Samuel Cunningham all my lands lying upon the Bannister River in Halifax County, to him and his heirs forever. Likewise two negro fellows named Isaac and Quone, one bed and furniture now in his possession, and one-fourth of the crop made last year, and two-fifths part of the crop made this year on my plantation at Bannister River, as my overseer there, together with my silver watch; half my hogs and plantation tools, and two choice Cows and Calves, and two choice steers for Oxen now at my said plantation at Bannister River to him and his heirs forever.
3. Item: I give and bequeath unto my son Andrew Cunningham all my lands I bought of William Cunningham and Samuel Boyd, lying on the waters of Turnip Creek in Charlotte County, to him and his heirs forever. Likewise two negro fellows named Jack and Joe, one chest marked on the back A.C. Two cows and calves, one bed and furniture, one breeding cow, and a horse saddle and bridle, all at the discretion of my executors, to him and his heirs forever. N.B. I will that my son Andrew also have half the plantation tools, which I propose to send in a few days, to his plantation on Turnip Creek.
4. Item: I give and bequeath unto my son James Cunningham all the tract of land on which I now live, on Cubb Creek to him and his heirs forever, after the death of my wife. Likewise two negro fellows named Will and Fill, a chest marked on the back I.C. Two cows and calves, and a bed and furniture, at the discretion of my executors, and fifteen pounds cash, to him and his heirs forever.
5. Item: I give and bequeath unto my daughter Elizabeth, the wife of James Daniel, one negro girl named Dinah now in their possession, and fifty-two pounds and upwards which I paid to Fiels and Call on the account of said Daniel, to her and to her heirs forever. Likewise all whatsoever of my goods or chattels, which I have given or lent her since her marriage, to her and her heirs forever.
6. Item: I give and bequeath unto my daughter Sarah, the relect of Samuel Caldwell, Deceased, and now the wife of John Daniel, one negro wench named Luce, to her and her heirs forever. Likewise whatsoever of my goods and chattels which I have given or lent her since her marriage, to her and her heirs forever.
7. Item: I give and bequeath unto my daughter Margaret, the wife of Richard Gaines Junior, one negro wench named Sarah, to her and her heirs forever. And one negro boy named Ned, the son of Sarah. Likewise two cows and calves at the discretion of my wife, ten pounds Cash, and all whatsoever of goods and chattels which I have lent her, or given her since her marriage, to her and her heirs forever.
8. Item: I give and bequeath unto my daughter Jane, the wife of James Adams Junior, one negro wench named Nance now in the service of the said Adams, and one negro boy named Jacob, to be for her use and support during her natural life; and I also will and ordain that whatsoever goods or chattels I have lent her since her marriage, continue in her possession for her use and support, during her natural life, and at her death, I give and bequeath the said negroes goods and chattels, with their increase, to her daughter Anne Thomson Adams, to her heirs forever.
9. Item: I give and bequeath unto my daughter Anne Cunningham one negro boy, named Jess, and one negro girl named Nance, the daughter of Luce, to her and her heirs forever. Likewise one saddle and bridle now in her possession, and ten pounds Cash, and two cows and calves, a bed and furniture, and a chest of drawers, all at the discretion of my executors, to her and her heirs forever.
10. Item: I give and bequeath unto my daughter Mary, the wife of William Johnston, one negro girl named Agg, now in her possession, and one negro fellow named Landon, to her and her heirs forever. Likewise ten pounds Cash, and all whatsoever goods and chattels, which I have given or lent her since her marriage, to her and her heirs forever.
11. Item: I give and bequeath unto my daughter Hannah Cunningham one negro girl named Roe, and one other negro girl named Jude, at the death of my wife, with the increase of said Jude from this present date, to her and her heirs forever. Likewise Fifteen pounds Cash, and one bed and furniture, and two cows and calves, and a chest of drawers, all at the discretion of my executors, to her and her heirs forever.
12. Item: I will and ordain that all the debts due to me which can be collected and likewise that the Tobacco made this year on the plantation on which I live, and three-fifths of the Tobacco and corn made this year at Bannister, be applied to the discharge of my debts, Funeral Expense and Legacies, and the overplus, if any, to be equally divided between my daughters or their heirs: But if there is not sufficiency, I will and ordain that so many of my horses, cows, sheep, hogs, household furniture or plantation tools be sold as will be sufficient to discharge all my debts, legacies, and Funeral Expenses; and that afterwards all and every part of my Estate, Goods and Chattels of whatsoever name or kind not herein already mentioned and bequeathed, be the property of and for the use of, my Wife during her natural life, the better to enable her to support and educate my children now with her till they come of the age of Twenty-one years, and I will and ordain that my Wife have full power at her death, or any time before, to give and bequaeth to any or all of my children and to their heirs forever but to no other person or persons whatsoever, all or any part of my Estate, Goods and Chattels hereby declared to be her property, and I will and ordain that after her death, all such estate as she has not disposed of, shall be sold and equally divided between my Daughters and their heirs.
13. Item: I will and ordain that if any of my daughters die Intestate and without heirs of their own body, that all the Negroes, Goods and Chattels whatsoever, shall be sold and equally divided amongst the rest of my Daughters and their heirs, reserving one-third part for her, or their husbands or their heirs, if she or they have not married; and likewise I will and ordain that if any of my sons die intestate and without heirs of their own body, that his or their portion of Lands, Negroes, Goods and Chattels herein given and bequeathed by me, be also sold and equally divided between my other children, both sons and daughters or their heirs, reserving one-third of the negroes, goods and chattels for his or their wife or wives, if he or they have been married.
Lastly, I constitute and appoint my dearly beloved wife Anne Executrix, my neighbors Captain John Brent, the Reverend Caleb Wallace, my son-in-law James Daniel, and my son Samuel Cunningham, Executors of this my last will and Testament, hereby disannulling, revoking and making void all other wills by me heretofore made, declaring, making and ordaining this to be my only true paper, and I hereby empower and authorize my Executors above named to make good and lawful titles to all my lands, Goods, Chattels or Negroes which they shall sell or dispose of agreeable to the Express words and True intent of this my last will and Testament.
In witness thereof I have hereunto set my hand and affixed my seal this Thirteenth day of December Anno Domini One Thousand Seven Hundred and Seventy-five.
P.S. I will and ordain that the negroes given and bequeathed to my Daughters Anne and Hannah may be kept and wrought upon the Plantation on which I now live, until my said Daughters arrive at the age of twenty-one years, for the use and advantage of my said Daughters.
N.B. There are three sentences interlined in this my last Will and Testament. In the first page these words, VIZ. ("Except Luce which I give to my daughter Hannah"). In third page VIZ. ("and to their heirs forever"). And in the fourth page, VIZ ("of the negroes, goods and chattels"), which was done by my orders, before the sealing and delivery of these presents.
The will was proved November 6, 1780.
