Person:John Stuart (40)

There is much conflicting information on John Stuart, who settled in Augusta County, Virginia. Some sources claim that John Stuart was a son of Archibald Stuart and Janet Brown, but he was clearly too old to have been Archibald's son and was apparently Archibald's brother, based upon other research.

This John Stuart is variously reported to have married Sarah Givens, Elizabeth Archer and Mary Shaw, depending upon the source. It appears that this John Stuart only married Elizabeth Archer, as the John Stuart/Stewart that married Sarah Givens (and also perhaps Mary Shaw), was a different John Stewart that lived nearby in Augusta County and died in 1771. There are also records in Augusta County to indicate that there was probably another John Stewart/Stuart that lived near the Calfpasture during the same time period, whose wife also may have been named Elizabeth.

It is generally accepted that this John Stuart's only proven marriage was to Elizabeth Archer, sister of John Archer, about 1740 and a son John Stuart, supposedly their only child, was born about this date. John Stuart apparently did not leave a will or probate record in Augusta County, attempts to find these records in Rockbridge County are currently underway.

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About John Stuart

From "Representative Women of The South" by Collier, "His (John's) widow, Elizabeth Archer Stuart, was a sister of John and Sampson archer who immigrated to Virginia from County Tyrone early in the eighteenth century." This John was earlier referred to as father of "Capt. John Stuart . . . who was born in Ireland in 1740 and brought to this country as an infant in arms." So these are my father and son John Stuarts. Research done by Margaret Scruggs Carruth of Dallas and published in "Stewart Clan Magazine" says, "There they (Archibald and Janet Stuart - John's apparent brother and sister-in-law) were joined by John and Elizabeth Archer Stuart . . ." And "John and Elizabeth Archer Stuart also had an only son John who was brought to Virginia 'an infant in arms' in 1740. He (John Stuart, Jr.)married Elizabeth Walker . . . " From Augusta County records, dated 23 October 1769, Elizabeth Stewart was appointed executor of John Stewart (NOTE: this John Stewart that died in 1769 appears to be the one that lived on the Cowpasture). In March 1769 there was legal action Archer vs. John Stewart and Elizabeth his wife.

The Stewart Clan Magazine, Volumes 1-10 (July 1922-1957) states the following:

"Archibald Stuart, who married Janet Brown; Andrew Stuart, who married Mary Dinwiddie; John Stuart, who married Elizabeth Archer, and David Stuart, who married Margaret Jane Lynn, widow of John Paul (or Pall), were brothers and came to Pennsylvania from the north of Ireland.

Archibald preceded his brothers by some 6 or 7 years, fleeing from religious persecution, with a price on his head. Andrew and Mary ( Dinwiddle) Stuart settled in old Paxtang, PA. Archibald and Janet (Brown) Stuart went down into the valley of Virginia and settled in Augusta county. There they were joined by John and Elizabeth (Archer) Stuart, who settled in Borden's Tract. Elizabeth (Archer) Stuart was a sister to John and Sampson Archer. Later came David Stuart with his brother-in-law, Gov. Robert Dinwiddie [1690-1770], Mary's brother and settled in that part of Augusta county which became Greenbrier and David's only son was styled John of Greenbrier.

John and Elizabeth (Archer) Stuart also had an only son John, who was brought to Virginia "an infant in arms in 1740." He married Elizabeth Walker, daughter of Capt. James and Mary (Guffey or McGuffey) Walker.

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Early Land Acquisition in Lancaster County, PA

John Stuart warranted 357 acres in nearby Donegal (then Lancaster Co., W of Hanover Twp.) on 14 Jul 1738 and patented it 18 Jul 1738 in Vol. A, #9, p 36 and survey copied in Bk B17, p 196. [1]

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Early Land Acquisition in Augusta County, VA

John Stuart's land (Beverley Manor NE, 157 acres, acquired from James Henderson and Martha on 19 August 1766) 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.

Acquisition of Land from Chalkley's:

Page 73.--19th August, 1766. James Henderson and Martha ( ) to John Stuart, £119.15, 157 acres in Beverley Manor; corner Mathew Robertson on Cathey's River; corner Robert Kenney's. Teste: Walter Cunningham, William Brown. Delivered: Archibald Dixon, 8th September, 1785. Teste: Samuel McConkey. deputy clerk.

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Records of John Stuart in Augusta County, VA

From Chalkley's: (Note: there were several John Stuart/Stewart's in the Augusta County area in the early to mid-1700's, not all records may pertain to this John Stuart).

Vol. 2 - MAY, 1749. - James Given vs. John Stewart, taylor, of Staunton, and Thomas Fulton.-- February, 1763. Bill filed. Writ 4th January, 1763. Attachment for answer 18th March, 1763. In December, last past, Stewart followed orator into the store of Felix Gilbert and importuned him to stay in town that day, and plied him with liquor until he was very drunk, when Stewart persuaded him to sell him a slave. Suit to set aside the sale.

Page 764.--23d May, 1750. Benj. Borden to John Wiley. Kerr's Creek; corner Robert McElhenny, 280 acres. Delivered: John Stuart, February, 1758.

Vol. 2 - MAY AND NOVEMBER, 1759 (A). - John Stewart vs. John Blakely.--Deposition of James Martin, a soldier, that he, with some other soldiers, were in the room where John Stewart, tailor, works.

Page 483.--30th September, 1763. Israel Christian, merchant, to Thomas Watterson, farmer, £155, 300 acres on a branch of Naked Creek, James Wood's line. Teste: John Stuart, James McRoy, Thomas Doran.

Page 203.--22d August, 1765. County of Augusta by Patrick Martin and Felix Gilbert to James Hill, £11, lot 18 in Staunton, joining the lot whereon James Huston now dwells, on southwest, 1/2 acres. Teste: Geo. Wilson and John Stuart. Livery by handful of earth. Delivered: James Hill, July, 1772.

Page 418.--17th October, 1765. John Stewart to David Stewart, £100, one negro woman and child, four feather beds and furniture. Teste: James Ray. Delivered: John Stewart, April, 1766.

Page 71.--13th June, 1766. Samuel Cowden, of Staunton, to David Stewart. Consideration, David's going Samuel's security on several occasions. Tract which Samuel and Andrew Greer bought of Patrick Martin, 321 acres. Mortgage. Teste: Wm. Crow, John Stewart.

Vol. 2 - AUGUST 22, 1767. - (251) Silas Hart, gent., late High Sheriff of Augusta, vs. Randal Lockhart, Sampson Mathews, John Brown, Felix Gilbert, Hugh Young, John Stewart, and Andrew Lewis and George Mathews, admrs. of David Stewart, decd. } Randal delivered up in custody of Sheriff.

Vol. 1 - MARCH, 1768 (D). - Archer vs. John Stewart and Elizabeth, his wife.--Exd., 1767.

Page 95.--5th July, 1768. William Davis, of Mecklenburg County, N. C , to Morris Ofreil, planter, 5 shillings, 160 acres. Bell's Spring Run, adjoining James Bell, William Bell and Charles Phillips patented to William Davis 16th August, 1756. Teste: John Stuart, Robert Wallace, William Blear (Blair).

Vol. 1 - AUGUST, 1768 (A). - Crow vs. John Stewart.--17th May, 1767. Attachment vs. John Stewart, who had removed. (Note: not positive that this refers to this John Stuart, but it could explain why a will was not left in Augusta County).

Page 5.--16th August, 1768. John Carr (Ceer, Keer) and Lucy ( ) to William McClure, £40, 150 acres, part of 275 acres in Beverley Manor on a small branch of Middle River joining Cohorn's land; Beverley's line. Teste: John Stuart, Hugh Allen, Andrew McClure. Delivered: Wm. McClure, August Court, 1779.

AUGUST, 1769 (A). - John Stewart vs. Samuel Cowdon.--1762, June 4, cloth returned from your old account and not settled for; house rent, 4 months 25 days; January 16, seven pairs leather breeches for your brother Walter, £8, 11, 0; April; May 16; April; 1763, May, one coat sold to John Martins; 1764, received by James Ward; 1765, May, one coat for your son; 1766, May, by repairing your house that I rented, £2; 1767, July, one pair breeches in Carolina, £1, 2, 0; cash paid Sheriff in ditto, £3, 4, 10; cash paid Gaoler in ditto, £0, 11, 10; cash lent to buy shoes in ditto, £0, 11, 0; cash paid your expenses coming in from ditto, £0, 9, 0; cash for Robert Garral, £0, 15, 0; cash paid Robert Young, £0, 17, 0; 1760, to five months diet for James Stevenson, £4, 10, 0; November, to cash of suit that I was in prison bounds for you. (Note: this record indicates that John Stuart had been renting one of Samuel Cowdon's houses

OCTOBER, 1769 (A). - William Stewart's Executor vs. Wm. Christeele and John Archer.--John Stewart, executor of William. 29th June, 1769.

Vol. 1 - AUGUST, 1770 (B). - John Elliott vs. Elizabeth Stewart, executor of John Stewart.--Writ dated 23d October, 1769. (Note: this is likely a John Stewart that lived on the Pastures).

Vol. 1 - MARCH, 1771 (A). - Samuel Cowdon vs. John Stewart, Tailor of Staunton.--Chancery.--Writ, 8th February, 1770.

Vol. 1 - MARCH, 1771 (B). - John Stewart was a tailor in Staunton in 1754.

Vol. 1 - MARCH, 1771 (B). - John Stewart vs. James Lockhart.--1754. Amount of George Brown's account. 1755--From William Williams. To Charles Stringham's account one coat making for your son, William; one coat making for Randal.

Vol. 1 - MARCH, 1771 (C). - Robert Reed vs. John Stuart.--Writ dated 15th January, 1770. Bond dated 1765.

Vol. 1 - MARCH, 1771 (C). - John Stuart vs. David Stuart's Executors.--On account, 1762 to 1768, tailoring. (Note: these records establishes John Stuart as a "tailor" in Staunton, the last one related to his brother David Stuart, who had died prior to March 1767).

Vol. 1 - MARCH, 1772 (A). - John Stewart (Taylor) --vs. George Mathews.--Debt. 1772. On account, 1760 ____, with David Stewart's estate. Bonds and other papers signed by John. (Note: since this record occurred after the death of the other John Stewart "of Middle River", it clearly shows that this John Stuart was the "Tailor" in Staunton).

Vol. 1 - MARCH, 1772 (B). - Rebeccah Archer vs. John Archer.--Chancery. Writ 23d November, 1772. Plaintiff and defendant have been married upwards of 30 years, and has suffered most cruel usage from her husband. Prayer for separate maintenance. Answer admits all drunkenness. "Whereas John Archer has abused Rebekah, his wife, and denies his marriage to her, we, the under named persons, do certify that we were eye and ear witnesses to ye above persons being lawfully married in ye County Tiroon. Given under our hands, this 16th day of November, 1771. (Signed) James Sayers, Rebekah Sayers, Hannah Sayers, Sarah Renick, Sampson Archer, Elizabeth (her x mark) Stuart." Decree for separate maintenance, according to contract between the parties, dated 7th March, 1772. (Note: Elizabeth Stuart was the wife of John Stuart).

Vol. 1 - AUGUST, 1772 (A ?). - John Stewart vs. Jacob Lockhart's Executors.--Petition, 1769. Account for tailoring in 1765.

Page 530.--28th July, 1774. Thomas Story's will, well stricken in years--To wife, Mary; to son, Thomas; to son, James, 175 acres joining John Stuart and Samuel Hinds; to son, John, 150 acres joining John Givens and Pat. Crawford; to daughters, Rebecca, Martha, Sarah, Elinor, Elizabeth, Mary. Executors, wife Mary and son James. Teste: Edward Rutledge, William Kerr, Samuel Bell. Proved, 20th August, 1777, by Bell and Rutledge. James Story qualifies.

Page 164.--20th May, 1780. John Archer's will--To wife, Rebecca; to brother, Sampson Archer; to sister, Elizabeth Stuart; to William Blair's daughter, Rebecca; to John Blayr, son of my friend William Blair; to Mary Ross, wife of Robert Ross; to the poor, whether friends or strangers, remainder of estate. Executors. John' Poage, Robert Armstrong. Teste: William Clunie, William Blear, James Anderson, John Richey. (Note: the "Elizabeth Stuart" mentioned in this record was this Stuart's wife, Elizabeth Archer).

References