Person:Benjamin Rutherford (7)

Early Land Acquisition in Virginia

• Benjamin Rutherford acquired tract #4 of 529 acres in Patterson's Creek Manor.

Acquisition of Land from Virginia Northern Neck Land Grants:

• K-349: Benjamin Rutherford of Frederick County, 83 acres on Patterson's Creek in Hampshire County. Surv. John Moffitt. Adj. James McCraken dec'd. 21 Jan. 1762. [Virginia Northern Neck Land Grants, 1742-1775, Vol. 2, Gertrude E. Gray, pg. 129].

• N-290: Benjamin Rutherford, Robert Worthington, Jane McCracken & Margaret McCracken of Frederick County, 201 acres (Lot No. 17) on Patterson's Creek in Hampshire County. Surv. James Genn. Adj. Lot 16. 21 Oct. 1766. [Virginia Northern Neck Land Grants, 1742-1775, Vol. 2, Gertrude E. Gray, pg. 184].

• N-291: Benjamin Rutherford, Robert Worthington, Jane McCracken & Margaret McCracken of Frederick County, 306 acres (Lot No. 18) on Patterson's Creek in Hampshire County. Surv. James Genn. Adj. Lot 17. 22 Oct. 1766. [Virginia Northern Neck Land Grants, 1742-1775, Vol. 2, Gertrude E. Gray, pg. 184].

Records in Virginia

G-450: Mr. Augustine Washington of Westmoreland County, 507 acres in Frederick County. Surv. Mr. George Washington. Adj. Worthington's Patent, on Smith's Glade, land Maj. Lawrence Washington bought of Benjamin Rutherford. 17 Oct. 1750. [Virginia Northern Neck Land Grants, 1742-1775, Vol. 2, Gertrude E. Gray, pg. 45].

1750/1 Feb. 15 O. S., FOB 3, p.387 - Ordered that Robert Worthington John Smith & Benjamin Rutherford View and lay off a Road from the great Road leading from M r Jacob Hites to John Smiths to the head of Worthingtons Marsh thence down the s d Marsh the nearest and best way into the Road near John Swims called Keys's Road and into the Road leading by Tho. Rutherford's to Vestal's Ferry And that Robert Worthington be Overseer thereof And it is further Ordered that the Tithables within Two miles on each side the s d Road Clear and keep the same in Repair according to Law. [p.49 of the report; p.60 of the document][Frederick County Order Book 3 (1748-1751)]

1754 March 5, FOB 5, pp.322-23 - Ordered that Solomon Hedge, Benjamin Rutherford, Benjamin Forman & Abraham Johnson or any three of them being first sworn before a Majestrate of this County do meet and view the Roads as first marked and now used from Benjamin Kuykendals to the Trough hill and make report to the next Court [p.69 of the report; p.80 of the document][Frederick County Order Book 5 (1753-1754)]

H-518: Will'm Hyatt of Frederick County, 400 acres in said County. Surv. Mr. John Baylis. Adj. Will'm Rankins, Edward Thomas, survey for Benjamin Rutherford and purchased by Hyatt, on Deep Hollow of Opeckon. 30 Oct. 1754. [Virginia Northern Neck Land Grants, 1742-1775, Vol. 2, Gertrude E. Gray, pg. 78].

H-703: David & William Rankin of Frederick County, 778 acres in said County., where they both now live. Surv. Mr. John Baylis. Adj. John Smith, on Opeckon, Edward Thomas, E. side of Hite's, Benjamin Rutherford. 15 Oct. 1756. [Virginia Northern Neck Land Grants, 1742-1775, Vol. 2, Gertrude E. Gray, pg. 88].

Circuit Court Records, Section "I." Judgments. (page 91) Colston vs. Greenwell, &c.--O. S. 54; N. S. 18--Benjamin Rutherford, aged 78, deposes in Winchester, 5th November, 1796. He moved to the Manor about four years before Braddock's defeat. Isaac Free had already settled there with others." --Lyman Chalkley, Chronicles of the Scotch-Irish Settlement in Virginia, Volume 2, Extracted from the Original Court Records of Augusta County 1745-1800 (Baltimore, MD: 1912). (Note: record establishes birthdate of Benjamin Rutherford in 1718).

Will of Benjamin Rutherford

I, BENJAMIN RUTHERFORD of the Corporation of Winchester, do make this my last will and testament in manner following, that is to say, it is my desire and I do direct that all my just debts be fully discharged and satisfied so soon after my death as the situation of my estate will admit of.

As my daughter, ELIZABETH GLASS, wife of SAMUEL GLASS, hath always conducted herself towards me as a dutiful and affectionate child, I do in consequence thereof under these impressions hereby devise and bequeath unto her, the said ELIZABETH GLASS, all my estate both real and personal of what nature or kind so ever to hold to her and her heirs forever, and lastly I do hereby nominate constitute and appoint my friend, John Peyton of Winchester, my whole and sole executor to this my last will and testament hereby ordaining this and no other to be my last will and testament. In testimony whereof I have hereunto set my hand and seal this 14th day of February, 1803.

(signed) BENJAMIN RUTHERFORD (Seal)

Signed, sealed, published, pronounced by the testator as his last will and testament in the presence of

Thomas McKewan

Thomas Tidball

Robert Hennan

At a Court held for Frederick County the 6th day of May, 1805 this last will ands testament of BENJAMIN RUTHERFORD, deceased, was proved by the oaths of Thomas McKewan and Thomas A. Tidball and ordered to be recorded. The executor therein named being dead, administration with the will annexed was granted to SAMUEL GLASS, he having entered into and acknowledged bond with security in the penalty of One Thousand Dollars, conditioned for his due and faithful administration of the said decedent's estate.

By the Court:

J. A. Keith, C. F. C.

A Copy Teste: C. C. Brannon, Clerk.

[Katherine Glass Greene, Winchester, Virginia and Its Beginnings, 1743-1814 (Strasburg, VA: Shenandoah Publishing House, 1926), 358-59]

1. ↑ ^1.0 1.1 http://wc.rootsweb.ancestry.com/cgi-bin/igm.cgi?op=GET&db=wilkinsonwilene&id=I0785