Person:Thomas Petty (3)

Will of Thomas Petty

WILL OF THOMAS PETTY OF ORANGE COUNTY, VIRGINIA

• Page 144 - In the name of God Amen, Jan. 31 1748/49 I Thomas Petty of Orange Co. St. Thomas Parish being sick and weak of body but of sound and perfect mind and memory praise be to God for the same do make and ordain this my last will and testament in writing and hereby do also make void all former wills or testaments by me heretofore, made. Imprimis, I give and bequeth my soul to God that gave it in hopes of full assurance to receive the same again at the Resurrection at the last day by the merit of my Lord Saviour Jesus Christ and my body I bequeath to the Earth from Whence it came to be buried in decent manner according to the discretion of my executors and executrix hereafter mentioned.

Item. I give and bequeath to my son John Petty one Shilling

Item. I give and bequeath to my son Thomas Petty one Shilling

Item. I give and bequeath to my son Christopher Petty one Shilling

Item. I give and bequeath to my son William one Shilling

Item. I give and bequeath to my son James Petty one Shilling

Item. I give and bequeath to my daughter Rebecca Sims one Shilling

Item. I give and bequeath to my daughter Mary Wright one Shilling

Item. I give and bequeath to my son George Petty and my daughter Martha Petty all my estate both real and personal after my debts being paid and the legacies aforesaid to be equally divided between my well beloved children George Petty and Martha Petty to them and their heirs forever. Lastly, I nominate my son George Petty executor and my daughter Martha Petty executrix of this my last will and testament as witness my hand and seal this day and year above mentioned.

his

Thomas X Petty

mark

Signed, sealed and delivered in the presence of us: Solo Ryan, Wm. Sims, Thomas Petty younger

May 24, 1750 at a court held for Orange Co. Thursday 24 May 1750 will was presented by Geo. and Martha Petty exrs. and ordered recorded.

[Orange County Virginia Will Book 2, 1744-1778, Dorman, pg. 31].

Information on Thomas Petty

Hubert Petty (also spelled Patey, Patty, Paty) was unequivocal the father of Thomas Petty of Lancaster County, Virginia, who in turn was the husband of Catherine Garton. The tradition of Thomas Petty being the son of Thomas Petty and Rachel Wilson is an error that perpetuated from a publication in the 1940's.

Thomas married Katherine Garton, daughter of John and Martha Garton of Richmond Co. They were probably married in 1699 or in the first part of 1700. Katherine was the only one of four living Garton children that was of legal age at that time, so she could not have married earlier than that.

• On March 6, 1700/01, Thomas and Katherine Petty appeared in court with her mother, Martha Garton, as plaintiffs in a suit against Robert and Anna Post, concerning the estate of John Garton. On May 7, 1702, the records for Richmond Co. show that Thomas and Katherine Patty, and Martha Garton, won their suit. Robert Post was ordered to pay 3000 lbs. in tobacco. (Richmond Co., OB 3. pp. 85, 168)

• Later that year, on October 13, Thomas Petty and his wife Katherine sold the land in Lancaster Co. which Thomas had received from the will of his father Hubert Patey, being 65 acres on Morraticoe Creek, bordering the property of Abraham Bush. (Lancaster Co., DB 7, P. 36)

• On October 6, 1703, Thomas Patty bought 150 acres of land from Thomas Barker, on Bare Branch of Rappahanock Creek in Richmond Co., VA. Here Thomas and his family remained for the next 31 years. (Richmond Co., DB 3, p. 118)

Source: http://familytreemaker.genealogy.com/users/w/a/t/Michael-E-Watkins-Minor-Hill/GENE12-0002.html

1. ↑ ^1.0 1.1 McGee, Barbara Petty; Jim Petty; and C. Diane Baxter. The Petty papers : a genealogical research quarterly newsletter. (Salt Lake City, UT: J.W. Petty)
   Vol 1, No. 2, p. 23.

   Rejects claim that parents are Thomas Petty and Rachel Wilson claiming only proof is mention of a son Thomas in the father's will, but no evidence that the son is this Thomas Petty. On the other hand, will of "Hubert Patey" dated spring 1687 mentions only child Thomas Patey. Then on 2 Nov 1699 Thomas Patty sued the executors of Walter Welch, who had been executor of Hubert Patey, for his share of his father's estate. On 3 Apr 1700 Thomas and "Kat." Petty appeared in court and won this case. On 13 Apr 1701 Thomas Petty and his wife Katerine sold land in Lancaster County inherited from estate of Hubert Patey.
   
   Will of "Thomas Petty of Orange County", dated 31 Jan 1748/49, probated 24 May 1750, gives 1 shilling to married children John, Thomas, Christoper, William, James, Rebecca Sims and Mary Knight. Remainder split between George and Martha. [Also, Source:Prehn, Alyene Elizabeth Westall. Journal of a Genealogist, with Ancestral Wills.]

2. ↑ The father of Thomas, Hubert Petty, m. (1) Rebecca --- by 1666, and m. (2) Faith ---, whom he mentioned in his will of 1687. Thomas was born between these dates, and there is no strict proof of which wife was his mother. However, it generally accepted that Rebecca was his mother because Thomas named a daughter Rebecca, but did not use the name Faith.