Person:Samuel Wallace (8)

Watchers
Samuel Wallace, of Rockbridge Co., VA
m. 1739
  1. Malcolm Wallace1743 - 1775
  2. Samuel Wallace, of Rockbridge Co., VA1745 - 1786
  3. Jennet Wallace1746 -
  4. James Wallace1747 - 1776
  5. John Wallace1748 - 1838
  6. Elizabeth Wallace1750 - Bef 1805
  7. Adam Wallace1755 - 1780
  8. Andrew Wallace1757 - 1781
  9. Jennett Wallace1758 -
  10. Susannah Wallace1763 -
  • HSamuel Wallace, of Rockbridge Co., VA1745 - 1786
  • WRebecca Anderson1752 - 1798
m. 1770
  1. Elizabeth Ann "Betsy" Wallace1772 - 1837
  2. James Hugh Wallace1778 - 1846
  3. William Wallace, of Rockbridge Co., VA1780 - 1808
  4. Martha "Patsy" Wallace1782 - 1828
  5. Andrew K. Wallace1784 - 1845
  6. Anderson Wallace1786 - 1836
Facts and Events
Name Samuel Wallace, of Rockbridge Co., VA
Alt Name[1] Samuel Augustus Wallace
Gender Male
Birth? 1745 Augusta County, Virginia[area became Rockbridge County in 1777]
Marriage 1770 Augusta County, Virginia[Rockbridge County did not exist prior to 1777]
to Rebecca Anderson
Death[1] Mar 1786 Rockbridge County, Virginia

Samuel Wallace was one of the Early Settlers of Augusta County, Virginia

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Records in Augusta County, VA

From Chalkley's:

  • Vol. 2 - September, 1804 )A to C). Buchanan vs. CAMPBELL--Bond. 6th June, 1780, by Isaac CAMPBELL and Saml. Wallace to David Hay, guardian to James CAMPBELL, Jr., son to Patrick CAMPBELL, deceased. Test, James Cunningham, Jno. McCown, Jr. Declaration is as follows: David Buchanan, assignee of James CAMPBELL, who was assignee of David Hay, complains of Isaac CAMPBELL, surviving obligor of Isaac CAMPBELL and Saml. Wallace, Patsey Wallace, Charles Grigsby and Elizabeth (his wife), late Elizabeth Wallace, James Wallace, James Grigsby and Rebecca (his wife), late Rebecca Wallace, relict of Saml. Wallace, heirs and representatives of said Saml., deceased. February, 1804.


Notes

Family Group Record FamilySearch® Ancestral File™ v4.19


Husband's Name 
Samuel WALLACE (AFN:1VJX-3T)    

Born:  1762  Place:  Lexington, Rockbridge, Virginia (note: this birthdate is wrong, based upon marriage date, possibly 1752?)
Died:  7 Mar 1786  Place:  Lexington, Rockbridge, Virginia 
Married:  1770  Place:  Rockbridge Co., Virginia 

Father:  Peter WALLACE (AFN:1VJW-67)    
Mother:  Margaret WOODS (AFN:1VJW-7D)   

Wife's Name 
Rebecca ANDERSON (AFN:351P-1L)    

Born:  1747  Place:  , Of Augusta County, VA 
Died:  1798  Place:  Green Hill Cmtry, Monroe, WV 
Buried:    Place:  Green Hill Cmtry, Monroe, WV 
Married:  1770  Place:  Rockbridge Co., Virginia 

Father:  William ANDERSON (AFN:RRC8-CH)    
Mother:  Elizabeth CAMPBELL (AFN:RRC8-DN)   

Children


1. Sex Name

M  William WALLACE (AFN:HWJJ-R6)    

Born:  1782   Place:  Washington Co., VA  
Died:  1818   Place:   

2.  Sex  Name  
M  Andrew WALLACE (AFN:J9SS-XR)    

Born:  1776   Place:  , Augusta, Virginia  
Buried:    Place:  , Rockbridge, VA  

3. Sex Name

F  Elizabeth Alice Betsey WALLACE (AFN:J9ST-4R)    

Born:  1772   Place:  , Augusta, Virginia  
Died:    Place:  , Rockbridge, VA  
Buried:    Place:  , Rockbridge, VA  

4.  Sex  Name  
M  Anderson WALLACE (AFN:J9ST-JT)    

Born:  1 Apr 1786   Place:  , Augusta, Virginia  
Died:  Bef 1836   Place:  Lexington, Rockbridge, Virginia  
Buried:    Place:  , Rockbridge, VA  

5. Sex Name

M  Andrew WALLACE (AFN:BSQP-PR)    

Born:  8 Aug 1784   Place:  , Augusta, Virginia  
Died:  13 Sep 1846   Place:  Lexington, Rockbridge, Virginia  
Buried:    Place:  Lexington, , VA  

6. Sex Name

M  James WALLACE (AFN:351N-Z9)    

Born:  1 Jan 1778   Place:  Lexington, Rockbridge, VA  
Died:  31 Dec 1846   Place:  , Cabell, West Virginia  
Buried:  Jan 1847   Place:  , Rockbridge, VA  

7.  Sex  Name  
F  Martha WALLACE (AFN:D2PD-7K)    

Born:  8 Mar 1782   Place:  , Augusta, Virginia  
Died:  30 Dec 1828   Place:  Lexington, Virginia
References
  1. 1.0 1.1 Ancestry.com. Public Member Trees: (Note: not considered a reliable primary source).

    The Litigated Estate of Samuel Wallace (1745 – 1786)

    Compiled by A. Dickson

    Overview
    There were many complexities in settling the estate of Samuel Wallace. First, he was the beneficiary of two brother’s estates at the time of his death, Adam and Andrew Wallace. They were both killed in the Revolutionary War. When Samuel died in 1786 Samuel’s Will directed that his six children were to be educated and provided for until the age of 21 and their inheritance preserved. Samuel’s wife, Rebecca, remarried shortly after his death and her new husband, James Grigsby, assumed management of the assets of the estate. Rebecca and James subsequently moved to Tennesee with the two youngest children in 1797 and Rebecca died there in 1800. Samuel’s children began a legal battle in 1801 against their step-father, James Grigsby, to claim their inheritance and it was not settled until 1811.

    The original handwritten documents related to this court case were digitized by the Library of Virginia and can be viewed online by searching the ‘Chancery Record Index’ for Rockbridge County, Index #1811-008: heirs of Samuel Wallace, plaintiffs, and James Grigsby, etc. defendants.

    Samuel’s Will

    It appears that Samuel prepared his Will just before his death. It is dated March 20, 1786. He left his house and lot in Lexington to Rebecca to be used until her death and then to be equally divided among his six children. Rebecca also received “the use” of the tract of land where his plantation was adjoining John Paxton and Joseph Lapsley’s property with the purpose of “raising the children until the youngest child shall come of age”. He gave his oldest daughter, Elizabeth, “one negro wench named Hester” which she was to have at the age of 18 or when she married. He bequeathed “a negro girl named Sal” to his daughter, Martha. He gave his tract of land where the plantation was to the remainder of the children: James, William, Andrew and the “child my wife is now pregnant with” (Anderson Wallace) to be equally divided when the youngest child (Anderson) reached the age of 21. He gave his land warrants for military service to Rebecca and his children to be equally divided when the youngest came of age and the interest from the warrants to be applied to the children’s education. Rebecca and Samuel’s brother, John Wallace, were appointed joint executors. James Grigsby, a neighbour, was a witness to the Will.

    Rebecca’s Administration of the Estate

    After Samuel’s death, James and Rebecca lived with her six children on the plantation. Together, they had three more children. Since the children were all under the age of 21 at the time of their father’s death, their inheritance had to be managed until they were of age. Witnesses later testified that Rebecca insisted on administering the estate herself and did not ask for help from the co-administrators named in the Will. The questions later raised in Court were whether James Grigsby sufficiently preserved the value of the estate according to the direction in the Will and whether he used money from the estate to raise and educate Samuel’s children.

    In 1790 Samuel’s oldest daughter, Elizabeth, married and left home. William, age 10 and Andrew, age 7, went to live in Augusta County with Alexander Anderson, Rebecca’s brother. Another brother in Augusta County, Robert Anderson, took in James, age 12. This left two of Samuel’s children at home with their mother – Martha and Anderson - in addition to three children from the Grigsby marriage. Perhaps the older children were sent away because it was difficult for Rebecca and James to raise so many children in their home.

    Settling the Estate of Adam Wallace – Grigsby vs. John Wallace (1792)

    At his death, Samuel was one of the heirs to his brother Adam’s estate. Adam Wallace died during the Revolutionary War in 1780 in the siege of Charleston. At the time of his death, Adam owned land in Virginia and bounty land in Kentucky. Having never married, Adam’s estate was to be divided equally between all of his brothers and sisters with Samuel and his brother, John Wallace, appointed joint executors. Just prior to Adam leaving for the war, Samuel purchased a horse and saddle and other items from Adam and owed him about 480 pounds which Adam never collected. After Adam’s death, John Wallace and Samuel agreed that Samuel would give up his share of the lands in exchange for retiring his debt to Adam of 480 pounds. They agreed to destroy the bond for the debt, but that was never done. Adam’s estate was not settled prior to Samuel’s death and even the inventory of his estate was not filed until 1789.

    In 1792 James Grigsby and Rebecca Wallace Grigsby, Samuel’s widow, brought a lawsuit against John Wallace, Samuel’s brother, claiming that he owed Samuel’s estate money from Adam’s estate. At issue was testimony from Rebecca and James that John visited Samuel on his deathbed and that Samuel asked him to tear up the bond for 480 pounds because it was no longer owing. According to their testimony, John Wallace agreed to tear up the bond. However, according to John Wallace and his sister’s testimony, there was no such discussion about the exchange of the debt for the land or about destroying the bond at any time, and particularly not at Samuel’s deathbed. The outcome of this suit was that a judgement of 50 pounds was awarded to John Wallace against Rebecca and James Grigsby and the couple were directed to pay all court costs. In 1793 Rebecca and James had still not provided an accounting of the administration of Samuel’s estate so in February of that year the Court ordered that they provide an accounting of their executorship. In 1796 the house in Lexington, part of the estate, was “consumed by fire”.

    In April, 1797, James and Rebecca moved from Lexington to Tennessee, about 300 miles away. They took two of Samuel’s children – Martha, now age 15, Anderson, age 11 and the three Grigsby children: John, Etchison and Samuel, leaving the older children in Virginia. They also took several slaves with them, one of whom was Sal, listed as bequeathed to Martha in Samuel’s Will. Rebecca died in Sevier County, Tennessee in June, 1800.



    A Slave in the Will – James Wallace vs. Grigsby

    An inventory of Samuel’s estate listed “one negro wench named Hester, one negro wench named Kathy, and one girl named Sal”. These slaves were bequeathed as personal property in his Will.

    After Rebecca’s death, her oldest son, James Wallace, travelled to Tennessee in 1801 to bring Martha and Anderson home to Virginia. Martha was still under age but had inherited a slave, Sal, from her father which was listed in his Will. Sal and her children had been taken to Tennessee with Martha and the Grigsby family. In a deposition presented in the Rockbridge County Court in 1808, James claimed that Grigsby “positively refused to give up the slave, Sal and her children unless James gave his bond for $200 for the maintenance of Sal’s three children”. Rather than leave the slave and her children in Tennessee where a dispute might be difficult, James signed the bond which was to be collected in Rockbridge County by Joseph Grigsby, James Grigsby’s brother. Upon his return to Virginia, Wallace maintained that the bond was fraudulent and unreasonable and requested that the Court cancel the bond that he and Martha had supposedly been forced to sign. Grigsby claimed that he had raised the said negro children and maintained them and that he was due the contested amount before the negro left his property and furthermore that there was no “sinister” intention of the bond.

    Rockbridge County, VA, Chancery Record Index #1811-008

    Plaintiffs: Heirs of Samuel Wallace Defendants: James Grigsby, etc.



    Samuel’s Will directed that his children would inherit his assets when they came of age, at that time, age twenty-one. Evidently, Samuel’s children were not satisfied with James Grigsby’s administration of the estate or the amount that they would inherit and launched a bitter law suit beginning in 1801 that lasted ten years. A number of witnesses testified that when Samuel died, Rebecca took on the administration of the estate on her own without the help of the men listed in the will who were co-executors. The men listed in the Will were identified as co-defendants with James Grigsby in the law suit as they were responsible for ensuring that the Will was properly administered and they were charged with failing in their duty. Witnesses were summoned to appear in Court and give their testimony, however, by 1802 many of the witnesses had not responded to the summons, including Grigsby who was living in Tennessee at the time. The witnesses were held in contempt of Court and an order was place with the Sheriff to make them appear. Finally, the Judge threatened the witnesses with a fine of $333.00 each if they did not appear. By 1803 the witnesses had still not appeared at the appointed court date and they were again summoned on threat of being fined. It wasn’t until 1809 that the Court had gathered depositions and was ready to hear from witnesses.

    At issue was whether the plantation had been properly managed in order to substantially raise and educate the children. Grigsby submitted a belated inventory of the estate which showed the debts owed by Samuel to be more than his assets. The inventory of debts makes for interesting reading and includes a list of items that Samuel purchased for his tavern from William Alexander. The debts included a bill from James Grigsby charging 133 pounds, 17 shillings for his help in raising and educating the children from the year he took possession of the estate. James further claimed that after their father’s death the estate would have been insufficient to maintain the children if they had continued to live with only their mother. He claimed that improvements he made to the land increased the value. He also produced a receipt signed by Martha and James dated 1801 that claimed they settled their portion of the estate. Martha and James denied that they had signed the receipt and accused Grigsby of being “deceiptful” about this and many other items he brought forward in Court.

    Also at issue was the value of the military certificates for Samuel’s service in the militia which were given to him by the State. These warrants were mentioned in Samuel’s Will and it was directed that they not be sold until the youngest child came of age in 1807. The certificates were valued at 1,287 pounds.

    In terms of Grigsby’s management of the plantation, James apparently cut and sold quite a bit of timber on Samuel’s land which led to a number of neighbours testifying either that the practice improved or diminished the value of the plantation.

    There were also witnesses who challenged James’ accounting for the maintenance and schooling of the children. One witness testified that Elizabeth and James, Samuel’s two oldest children, did not receive any schooling after the death of their father.

    The deposition of Alexander Anderson, Rebecca’s brother, maintained that one of Samuel’s boys, William Wallace came to live with him in March, 1790 and at that time he could ”spell and read a little but could not say when he had been to school”. Alexander claimed that William was entirely supported and clothed until he was 21 years old at the cost of Alexander and his grandfather. Alexander mentioned that William could “pay his way” after age 10 when he could manage a plow. Alexander also took in Andrew Wallace at the age of 7 and supported him until he was 21. Robert Anderson, Rebecca’s other brother, took in James Wallace in 1791 and supported him for 12 or 15 months.

    https://www.ancestry.com/family-tree/person/tree/64581261/person/32227317281

  2.   Edmund West (compiler). Family Data Collection - Births (not a reliable source). (Ancestry.com Operations Inc).

    Name Samuel Wallace
    Father Peter Wallace
    Birth Date 1745
    City Lexington
    County Rock Bridge
    State VA
    Country USA