Person:John Stewart (322)

John Stewart was one of the Early Settlers of Augusta County, Virginia

Contents 1 Disambiguation 2 Marriage 3 Land 4 Will 5 Processioning 6 Records 7 Notes	Return to Old Augusta County!	Givens Tapestry Register Data Notebooks Analysis Bibliography Graphics Index YDNA. Givens Chalkley's
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Disambiguation

Note to be confused with John Stuart who married Sarah Henderson, son of James Henderson of Beverley Manor. (This John Stewart was some 20+ years older than the other John Stuart).

Marriage

First wife: Sarah Givens Chalkley's Chronicles 1:316 MAY, 1756 (B). Stuart vs. Givens.--John Stuart, of Augusta, Taylor, and Sarah, his wife, late Sarah Givens, one of the daughters of Samuel Givens, late of said County, deceased, orator and oratrix. Samuel died, leaving Sarah, an infant, leaving will dated 22d October, 1740, and made his wife, Sarah (mother of oratrix, now wife of Robert Allen of County of Frederick), and oratrix's brothers, John and Samuel Givens, executors, which will was proved in Orange in 1741, John and Samuel qualifying as executors. Bill filed March, 1755.

Second wife: Mary LNU From Chalkley's Chronicles * Page 428.--4th April, 1771. John Stuawart's (Stewart) will, of the Middle River of Shanadoe--To wife, Mary; to Saml. Henderson and Geo. Crawford, all his lands in trust until testator's son John reaches 20 years; to children under age, two white servants, Wm. Kelly and Danl. Huggen; to daughter, Jane; to son, William, when he attains 20 years; to eldest son, William, the plantation devised to him by his Uncle William Stewart, deceased; to second son, John, plantation testator lives on; to third son, James; to above trustees, the tract on Middle River bought of Wm. Robertson; to daughter, Jane Stewart, unmarried, under 25; to daughters, Mary and Elizabeth, under 18. Executors, the trustees above. Teste: Hugh Allen, William Kerr, Thomas Frame. Proved, 21st August, 1771, by Allen and Frame. Executors qualify with Hugh Allen and Thomas Frame. (It appears that John had two sons named William, a younger son and his eldest son, perhaps one from both of John Stuart's marriages).

Land

John Stewart's land (Borden Tract NE, 313 acres, 1752) as shown on the map meticulously drawn by J.R. Hildebrand, cartographer. This map is copyrighted©, used by permission of John Hildebrand, son of J.R. Hildebrand, April, 2009. (Note land of Robert Stewart, possibly a brother, is adjoining this land to the south).

Acquisition of Land from Chalkley's:

• Page 250.--20th May, 1752. Borden, &c., to John Stewart, 313 acres of 92,100; corner Stewart's old survey.

• Page 169.--14th April, 1760. Ephraim Vause to John Stewart and John Given, £40, 179 acres on the Little River (description omitted in record but listed as "179 acres on a branch on north side of the Little River of New River, patented, 22d August, 1753, to Robert Box and conveyed by Ephraim Vause to said John Given and John Stewart" in disposition below). (Note: John Givens was the father-in-law of John Stewart).

• Page 861.--20th May, 1765. (John ( ) Edmiston and Margret ( ) to John Stewart, £50, 132 acres in Borden's tract; corner John Stewart; corner Wm. Edmiston. Teste: Samuel Buchanan, Wm. and Samuel Edmiston. Delivered: Jno. Stuart, 10th December, 1790.

• Page 163.—9th January, 1771. William Robertson and Letis to John Stewart, £200, on north side of Middle River of Shanandore, part of two tracts: A, sold to John Moffett by Beverley, 24th May, 1750; B, patented to Mathew and William Robertson, 10th July, 1755, 196 acres; corner Mathew Robertson. Delivered: Jas. Robertson. 5th April, 1797.

Disposition of Land from Chalkley's:

• Page 176.--7th February, 1762. John Stewart and Sarah to William Mann, £152.10, 320 acres on Jackson's River and mouth of Falling Spring.

• Page 540.--2d July, 1762. John Given and John Stewart and Sarah ( ) to Hugh Lenox and William Scott, merchants of Spottsylvania, £120, 179 acres on a branch on north side of the Little River of New River, patented, 22d August, 1753, to Robert Box and conveyed by Ephraim Vause to said John Given and John Stewart, 14th April, 1760. Teste: James Ward. Acknowledged and privy examination. (Note: John Givens was the father-in-law of John Stewart).

• Page 99.--6th Setpember, 1762, John Stewart and Sarah ( ) to Thomas and Andrew Lewis and William Preston, £170, 1/4 acre lot, being part of lot 3 in Staunton, lower end of Francisco's house in the Main Street, Robert Read's lot; lot on which John Stewart now dwells; and 25 acres of woodland, part of 50-acres lot No. 8. bounded by lot No. 7, 9, by William Beverley's land. Teste: Peter Grant, James Crawford, John Murray. Delivered: Jno. Frogg, March Court, 1773.

• Page 568.--26th March, 1764. John Stewart and Sarah to Israel Christian, £150, part of lot No. 3 adjoining the lot whereon Wm. Crow now lives, also 1/2 woodland lot No. 8. Livery by a latch of the door of the house on the premises. Delivered: Thomas Madison, March Court, 1773. (Note: this is the last record naming "Sarah", John Stewart's first wife, who must have died between this date and the transaction listed below on 20 August, 1765)

• Page 78.--20th August, 1765. John ( ) Stewart and Mary ( ) to Samuel Steel, £50, 148 acres in Borden's tract; corner John Stewart; corner Robert Stewart. Teste: John Stewart, William, Samuel and Jno. Edmiston. (Note: this is the first transaction where John Stewart's second wife, Mary is listed, establishes his marriage to her before this date).

• Page 411.--14th October, 1765. John Stewart and Mary to Francis Stewart, £130, 240 acres on Cook's Creek, pine in Thompson's line; corner McDonald's land; corner Hafe's land. Delivered: Francis Stewart 2d March, 1767. (Note: not sure of relation to Francis Stewart, who is also named in John Stewart's brother William's will).

Will

From Chalkley's:

• Page 428.--4th April, 1771. John Stuawart's (Stewart) will, of the Middle River of Shanadoe--To wife, Mary; to Saml. Henderson and Geo. Crawford, all his lands in trust until testator's son John reaches 20 years; to children under age, two white servants, Wm. Kelly and Danl. Huggen; to daughter, Jane; to son, William, when he attains 20 years; to eldest son, William, the plantation devised to him by his Uncle William Stewart, deceased; to second son, John, plantation testator lives on; to third son, James; to above trustees, the tract on Middle River bought of Wm. Robertson; to daughter, Jane Stewart, unmarried, under 25; to daughters, Mary and Elizabeth, under 18. Executors, the trustees above. Teste: Hugh Allen, William Kerr, Thomas Frame. Proved, 21st August, 1771, by Allen and Frame. Executors qualify with Hugh Allen and Thomas Frame. (It appears that John had two sons named William, a younger son and his eldest son, perhaps one from both of John Stuart's marriages).

(Note: this will clearly identifies this John Stewart as the brother of William Stewart of Middle River in Augusta County. The "plantation" referred to in John Stewart's will is the same land on "Middle River" in William Stewart's will):

Page 170.--12th January, 1768. William Stewart's will, freeholder--To sister Jane, lands and chattels left to me by my father in the town land of Raffrey, was married to Wm. Marshall; to Ann Stewart, married to Thomas Osborn; to Mary Stewart, married to Andw. Shaw; to Elizabeth Stewart, married to John Patton; to Francis Stewart; to William Stewart, infant, when at age my land on Middle River, formerly owned by James Henderson; to brother John Stewart, executor. Teste: Thomas Stewart, Thomas Thompson, John Petter, Robert Hamilton. Proved, 18th November, 1768, by Thos. Stewart, John Peters. John Stewart qualifies executor, with Thos. Stuart and John Bowyer.

• Page 506.--19th May, 1772. Appraisement recorded of John Stewart's estate by Wm. Robertson, James Kerr, John Givens--In James Gildart's hand in Liverpool Sterling.

Processioning

List of 1756

"Processioning" was the process or periodically reviewing and agreeing upon property lines between settlers. Processioning Lists can be useful in determining the area of a settler and the neighboring settlers at a specific time period:

• Page 178.--1756: Processioned by Andrew hays and Jacob Anderson, viz: For Capt. Joseph Culton, for John Stuart, for Robert Stuart, for Alex. McCroskey, for Alex. Miller, for James Moor, for James Robson, for Wm. Reach, for Robert Roech, for James Ritherfoard, for Jno. Bounton, for Wm. Givin, for Robert Culton, for Wm. Porter, for John McCroskey, for Wm. Buchanan, for Charles Hays, for Alex. Walker, Jr., for Alex. Walker, Sr., for James Walker, for John Walker, for John Wallis, for Andrew Hays, for Jacob Anderson.

Records

From Chalkley's:

• Vol. 1 - MAY, 1756 (B). - Stuart vs. Givens.--John Stuart, of Augusta, Taylor, and Sarah, his wife, late Sarah Givens, one of the daughters of Samuel Givens, late of said County, deceased, orator and oratrix. Samuel died, leaving Sarah, an infant, leaving will dated 22d October, 1740, and made his wife, Sarah (mother of oratrix, now wife of Robert Allen of County of Frederick), and oratrix's brothers, John and Samuel Givens, executors, which will was proved in Orange in 1741, John and Samuel qualifying as executors. Bill filed March, 1755.

• JUNE, 1764 (C).- Stewart vs. Smith.--25th May, 1762. John Smith's note to John Given for £2.4.0, C. M. Va. Test. Thomas Branan. Assigned to John Stewart. Endorsed Colonel Smith's note, £2.4.0.

• Page 829.--10th March, 1765. Justices of Augusa County, by Israel Christian and Felix Gilbert, to William Fleming, gent., order of 24th November, 1760, £5, lot 16 fronting a lot belonging to John Stewart and joining a lot whereon the said William now dwells. Livery of seisin by handful of earth. Delivered: Wm. Fleming, May Court, 1765.

• Vol. 2 – Fee Books of August Court - 1770--Page 2, James Anderson Long Meadow; page 9, James Buchanan S. M.; page 21, John Stuart, Middle River; page 27, James Kerr. blacksmith; page 28, John Craig, New River; page 35, James Brown, weaver; page 45, John Buchanan, miller; page 46, James McAfee, James River; page 50, Robert Armstrong, Jackson's River; John Thompson, Carr's Creek; page 53, Jacob Pence, weaver; page 54, William Gragg, Albemarle; John Graham, Christian's Creek; page 57, John Davis, Mossey Creek; page 58, John Anderson, Middle River; page 62, John Davis, hunter; page 66, Alexander Miller, clerk; Page 75, James Cloyd, hunter; page 91, William Christian, Stone House; page 93, John Allison, Middle River; page 102, James Crawford, Borden's Land; page 112, John Neeley, son of James; page 116, Samuel Woods, Amherst; John Stevenson, Peak Mountain; page 121 Samuel Henderson, Borden's Land; page 129, John Henderson Middle River; page 130, James Buchanan, pedler; page 131 James Anderson, deaf's son; page 132, John Wilson, Jackson River; page 135, John Craig, Cub Run; page 137, William Black, South River; page 140 John Stevenson, Stone Meeting House.

• November, 1770 (B). - Walter Crow vs. John Stewart (Middle River).—Writ, 28th November, 1767. Charles Crow is about to remove to South Carolina, 21st October, 1766. Daniel Smith had a brother John Smith, deceased, 21st October, 1766.

• May, 1771. (A). - Bryan Kenny vs. John Stewart (of Middle River).—Case. Writ, 20th March, 1770.

• Vol. 1 - AUGUST, 1771 (A). - William Christell vs. John Archer.--Defendant affirms, 27th February, 1771, that John Stewart is very ill and he is likely to lose John's testimony. (Note: John Archer was the brother-in-law of another John Stuart living in Augusta).

Notes

Family Group Record FamilySearch® Ancestral File™ v4.19

Husband's Name

John STUART (AFN:NZ26-7W)

Born: 1721 Place: , , Augusta, Virginia

Died: 1771 Place: , , Bath, Virginia (Note: Bath County was not formed until 1780).

Married: 1755 Place: , Staunton, Augusta, Virginia

Wife's Name

Sarah GIVENS (AFN:26ZJ-82)

Born: 1733 Place: , Augusta, Virginia

Died: Deceased Place: , , Bath, Virginia

Married: 1755 Place: , Staunton, Augusta, Virginia

Father: Samuel GIVENS (AFN:26ZH-32)

Mother: Sarah CATHEY (AFN:26ZH-47)

Children

1. Sex Name

F Jane STUART (AFN:1R5J-58T)

Born: 1754 Place: , Staunton, Augusta, Virginia

Died: Aft 1771 Place: , Staunton, Augusta, Virginia

2. Sex Name

F Rebecca (Becky) STUART (AFN:1R5J-5B8) (Note: John Stewart did not name a daughter Rebecca in his will)

Born: 1757 Place: , Staunton, Augusta, Virginia

Died: Place: , , Augusta, Virginia

1. ↑ Will of John Stuawart, in IGI Record
   1771.

   Staunton, Virginia Court house Records. Wills and testaments.