Person:John Russell (233)

John Russell was the only son of James Russell and his Lawrence wife. [Source: 1809 Will of James Russell.] He was born, probably, in Shenandoah County, before his grandfather John Lawrence, whose Will was made in 1779, died.

1803, May 29 - John married Elizabeth Touchstone. The bondsman was Wm. Touchstone. In John's Will of Dec. 3, 1834 he left his wife two pieces of woodland "purchased by me of Mr. William Touchstone".

1806, Oct 14 - Deed from State of Virginia to John Russell of 370 acres located in Shenandoah County. Reference to treasury warrant #17532 issued June 27, 1783; reference to survey of Dec. 26, 1804; land described as being on the "Three Mile Mountain and on Stony Creek"; and metes and bounds description mentioning "spur of said mountain corner to James Russell's land, in a line of Jacob Wolf's heirs"; a point "in a line of another survey of said James Russell's"; corner of Jacob Stults; corner to Ulrick Waggoner's heirs"; Adam Smith" Henry Bower's corner; "crossing Stony Creek"; and George Coffman. There is a survey for the 370 acres. It mentions the 1783 treasury warrant being for 1978 acres obtained by Nicholas Albert who "assigned part to John Russell". Russell had the survey made on October 8, 1803.

1810 - census, Frederick County, Virginia: John Russell 0 0 0 1 0 / 2 0 1 1 0. This means John 26-44; 2 females under 10; 1 female 16-25 (should be wife Elizabeth), and 1 female 26-44 (possibly Elizabeth's widowed mother). Households were listed in the order that the census was being taken - Moses Russell; Barnet Disponett; David Bolinger; and then John Russell; after John was Jonathan Wright. Knowing that Moses lived near Duck Run, that is approximately where the others lived as well. [Note: The 1810 census was taken on August 6, 1810. There is a James D. Russell who married Margaret Ann Kackley in 1826; his death record contains information that allows the computation of his birth date as June 1810. Furthermore, John Russell did not mention James in his Will.]

1812, Feb. 3 - John was one of the examiners of the John Fawcett inventory. [Source: Kangas & Payne's Fred Co Va Wills & Admins 1795-1816.]

1815 - land records show John next to Moses.

1815 - John Russell, John Richards and Henry Richards were named executors in the Will of Frederick Cooper. The Will was proved on Feb. 5, 1816. [Source: ibid., Kangas & Payne.]

1820 - census, Frederick County, Virginia: John Russel (sic) 2 0 0 0 1 0 / 3 2 0 1 0. This means 2 males under 10; John 26-44; 3 females under 10; 2 females 10-16; and Elizabeth 26-44). Households were listed in the order that the census was being taken - Henry Brill sen., John Russel, Moses Russel, Henry Richards, John Turner.

1830 - census, Frederick County, Virginia (alphabetical): John Russell, age 50-60, with 1 male 5-10, 1 male 10-15, 1 male 15-20, 1 female under 5, 2 females 5-10,1 female 10-15, 2 females 15-20, and 1 female (Elizabeth) 40-50.

1834, Dec. 3 - John Russell made his Will on this day. The Will identified a daughter named Harriet Ritenour who had received an advancement from him and the following children not yet of legal age as to whom he appointed Mr. Henry Richards as guardian: Lydia, William, Mary, Ananias, Matilda, and Jane. Henry Richards was also appointed sole Executor of John's Will. The Will referred to land John had purchased from the Wilsons; Marlborough land purchased from the estate of the late Sarah Zane, as to which there was a pending lawsuit; two farms and two tracts of Woodland in Shenandoah County; and grain and other crops in the field. Witnesses were Henry Brill and James Turner. [Source: Will Book 18, pp. 476-478.]

1835, January 5 - The Dec. 3, 1834 Will of John Russell deceased was proved and Henry Richards was authorized to proceed with the probate proceedings. [Source: Will Book 18, p. 478.] I infer that John died late in December of 1834.

1835, January 26 - An Inventory and appraisal of John Russell's personal property was completed by John Richards, Jacob Richard and Joseph Richard. It was produced in Court and ordered recorded on May 21, 1835. Total appraised value of the personal property was $3,798.82. The assets ranged from 13 horses, 39 sheep, 17 cattle and 13 hogs to wheat and rye in the field and bushels already harvested to farm equipment and household goods to a negro man named Peter and various notes and accounts due to the deceased. [Source: Will Book 19, pp. 20-23.]

1839, March 19 - The accounts of executor Henry Richards for the years 1835-1838, together with the vouchers, were "settled" by Wm. L. Bent, who must have been an auditor and/or official of the Court. The accounts reflect the income and expenses of operating the various farms owned by the estate, including for example the payment in August 1836 "for expenses going to St. Thomas in Pennsylvania after runaway negroes belonging to the estate". The accounts also reflect the payments (advances) to "distributees": $488.76 to James Russell; $683.36 to "B. F. Baker husband of Elizabeth"; and $263.99 to "James Duval husband of Lydia". On April 1, 1839 the Court stated that the accounts were "produced, examined and ordered to be recorded." [Source: Will Book 20, pp. 227-232.] There was a second accounting covering the year 1839, showing a balance on January 1, 1840 of $2,628.66, and this also was examined by Wm. L. Bent and approved by the County Court judge. [Source: Will Book 20, pp.227-232, and pp. 504-506.]

1840 - census, Frederick County, Virginia: Elizabeth Russell age 50 - 60, with 1 male 5-10, 1 male 10-15, 1 male 15-20; and 1 female 5-10, 1 female 10-15, 1 female 15-20, and 1 female 20-30. Next to her in the census was James A. Russel (sic), son of Moses Russell, on one side and John Dispenet, on the other.

1842, June 7 - The accounts of executor Henry Richards for the years 1840 and 1841 were reviewed and settled by Wm. L. Bent on June 7, 1842 and approved by the judge on the same day. The final settlement of the estate apparently could not be completed until the extensive land holdings of the deceased had been liquidated. [Source: Will Book 21, pp. 98-99.]

1845, January 6 - This was the date on which the next set of the executor's accounts, for 1842-1844, were reviewed and settled and approved by the Court. These accounts showed cumulative payments to "distributees" as follows: James Russell $1,694; Benjamin F. Baker (Elizabeth Russell) $1,586; James Duval (Lydia Russell) $1,425; J. S. Ritenour (Harriet Russell) $774; William Russell $1,264; and Mary Russell $770. [Source: Will Book 21, pp.434-436.]

1850 - census, Frederick County, Virginia (Oct. 7): head of household William Russell, 32, farmer; Rachael Russell, 26 (his wife); Elizabeth Russell, 64; Annanias Russell, 26; and Mary Russell, 29; all born Virginia. Families on one side were Brill, four Coopers, and James A. Russell, and on the other side two Cooper families.

1860 - Elizabeth Russell was not in the census.

1.   TRANSCRIPTION OF JOHN RUSSELL'S WILL OF DECEMBER 3, 1834
   
   John Russell's Will [from Frederick County, Virginia Will Book 18, pp. 476-478]
   
   In the name of God amen, I John Russell of the County of Frederick in the State of Virginia, of sound mind tho' weak in body, do make and ordain the following as my last will and testament.
   
   1. I will and direct in the first place that all my just debts be paid out of my estate.
   
   2. I give to my wife Elizabeth in lieu of her dower the tract of Land in which I now live including the mansion House & also the mill and its appurtenances to hold to her during her life I also give and bequeath to my said wife Elizabeth forever as her own absolute property all my household property of every Kind, also all my stock in the said plantation or tract of Land of every sort and Kind, also the slave on said plantation named Peter forever. I also give her for and during her life two pieces of Woodland separate however from my home plantation and purchased by me of Mr. William Touchstone as a support and supply of fuel and Timber for the home plantation. The property real and personal devised in the above clause to my wife is not to be applied to the payment of any debt I may owe until the rest of my estate shall [be] found deficient which however cannot be.
   
   3. Wishing that as prompt a sale of the grain gathered during the present year on the Marlborough tract of Land as practicable I do hereby authorize and empower my Executor hereafter named to make private sale of the said Grain on such terms as the discretion of my said executor shall approve and the proceeds of such sale applied to the discharge of a debt due by me to the Messrs. Wilson for a tract of Land purchased by me of them.
   
   4. If the suit now pending in the circuit superior court of law and chancery for Frederick County between the admr of Sarah Zane dec'd and the devisees of the said Sarah Zane and myself in regard to the Marlborough tract of Land which I purchased of the admr of said Sarah shall so request that my title to the same shall be pronounced good and the said sale confirmed by the said Court – then I do hereby direct and empower my said Executor hereafter named to sell the said tract of Land at such time and on such terms as shall seem good and prudent to my said Executor, fully empowering my said Executor to invest the money arising from said sale and to make all legal proper deeds to the purchaser thereof. I do also empower and authorize by said Executor to sell and dispose of on such terms and at such times as he shall think [p. 477] proper a tract of Land which I purchased of the Wilson's I also empower and authorize my said Executor to sell and dispose of on such terms and at such times as shall seem proper all the land which I hold in Shenandoah County consisting of two farms and two tracts of Woodland being all the land which I hold in Shenandoah which it is my Will should be sold. I do empower my said Executor to make all proper deeds to the purchasers to secure the proceeds of sale and to grant receipts therefor to the purchasers.
   
   5. Upon the death of my wife, I direct and empower my Executor in like manner as I provided for the sale of other parts of my real estate to sell and dispose of the land which I have devised as above to my said wife and to make good and proper deeds to the purchaser or purchasers and to give to the purchaser and purchasers thereof all receipts and discharges for the sum paid to my said Executor.
   
   6. All the grains and crops not necessary for the support of my family I direct my executor to make sale of according to law and the proceeds thereof together with any other part of my estate not disposed of herein to be disposed as I have directed in relation to the proceeds of my lands.
   
   7. Having made in the foregoing page of this my Will complete and liberal provision [for my] wife, I as further consideration of said Will, declare that in my will that my children continue to reside with my said wife, rendering to her during her life the same services which they have rendered to me during my life and that they be supported out of the profits of the said property during my wife's life time as heretofore and the said devise and remain in favor of my said wife. I declare subject to this provision in favor of my children. Should any of my children leave my wife then the provisions above made is to cease in relation to such child or children during my wife's life.
   
   8. Having in a first clause of this my Will made a disposition of the Marlborough tract of Land in the event of the said suits relating to said tract of Land being made in favor of my title to the same, I now declare what is my will in relation to the money which I have paid to the administrator of said Sarah Zane and to the receiver of the Court of Chancery in account of the purchase of said tract of Land - in the event of the decision of the Court being against my right to hold the said Land under my purchase from the said Sarah administrator Archibald Magill which money will in such event be repaid to me. I do therefore will and devise that the said sum shall be divided among my children in the manner and at the following terms: that the said sum of money shall as soon as received be held by my Executor and divided as follows – an equal proportion of said sum I give and bequeath among all my children and paid as follows: as soon as he receives it to pay to such child as [are] at the date of this my Will of the age twenty five his share at once – and to such of them as are under age – his or her age - his or her share on the attainment by such child of the age of twenty three years.
   
   9. Should the Court decide that my title to the Marlborough tract of Land is good I have directed my Executor to sell the said Land. I have also directed him [in the event of] such happening to sell the land which I have devised to my wife for life and some other land. Now my [desire] in relation to the money paid as aforesaid to the admr of Sarah Zane and to the receiver of the said Court. I do therefore [p. 478] direct my Executor to pay said proceeds of said sale to such of my children as are at the time of the age twenty five years his or her equal share thereof as soon as he receives it and to such of my children [who] are at the time under the age of twenty one I direct him to pay to such child his or her share on attaining the said age of twenty three In making the said distribution and division my Executor is to take into consideration as regards the share of my daughter Harriet Ritenour that I have advanced to her already the sum of nine hundred and fifty eight dollars which is to be regarded as part of her share but without interest thereon and she is to be considered as having received so much of her share.
   
   10. I do hereby appoint as the Guardian of my infant children to wit, Lydia William Mary Ananias Matilda Jane Mr. Henry Richards of the County of Frederick.
   
   11. I do hereby nominate and appoint the said Henry Richards the sole Executor of this my last Will, hereby vesting in the said Richards all the powers and trusts committed in the will to my executor.
   
   In Testimony Whereof I have this third day of December in the year 1834 subscribed my name. /s/ John Russell Signed and acknowledged in the presence by the said John Russell as his last Will and Testament. /s/ Henry Brill /s/ James Turner
   
   At a Court held for Frederick County the 5 day of January 1835 the Last will and Testament of John Russell decd was proved by the oaths of Henry Brill and James Turner Witnesses thereto and Ordered to be recorded. And on the motion of Henry Richards the Executor therein named who made oath according to Law certificate is granted him for obtaining a probate thereof in due form on his giving security whereupon he together with Bushrod Taylor, Daniel Taggert, Thomas A. Tidbull and Alexander T. Tidbull his securities entered into and acknowledged here in the penalty of thirty five thousand dollars conditioned for his due and faithful administration of the said decedents estate. By the Court.
   
   John Russell's estate appraisement is in Will Book 19, pp. 20-23. Personal property of $3798.82. Dated January 26, 1835, by John Richards, Jacob Richards and Joseph Richard. Accepted by the Court on May 1, 1835.