Person:James McAllister (9)

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James McAllister, of House Mountain and Bath County, VA
b.Abt 1725 Ireland/Pennsylvania
d.Bef Sep 1801 Bath County, Virginia
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Name James McAllister, of House Mountain and Bath County, VA
Gender Male
Birth? Abt 1725 Ireland/Pennsylvania[estimates vary from 1720-1730]
Death? Bef Sep 1801 Bath County, Virginia[Will Proven]

James McAllister was one of the Early Settlers of Augusta County, Virginia

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The James McCallister who died about 1801 in Bath Co., Virginia, was not the same James McCallister who owned land on House Mountain or in the Borden Patent. There were at least three and maybe 4 James McCallisters with wives named Mary who were in Augusta Co., Virginia, at the same time. Unfortunately, what was previously posted about the James McCallister who died 1801 in Bath Co. was a mishmash of records from all three or four men. The James McCallister who died 1801 in Bath Co., Virginia, was on Jackson's River,in Augusta Co. by 1760. That part of Augusta County became Botetourt County starting in 1769. By 1790/1791, Jackson’s River was in Bath County and, in 1822, it was in Alleghany County. James McCallister never left that land on Jackson's River. He did not own land on House Mountain or the Borden Patent. No one knows when or to whom James McCallister married. The most that can be said is that his wife in 1799 was named Mary. That is it. Despite no documentation for Mary’s last name, and no proof that Mary was James' first wife, many researchers refer to her as Mary McGloughlin, apparently based solely on a 1747 marriage record between a James McCallister and Mary McGloughlin. Needless to say, there were a number of McCallisters in Pennsylvania in 1747. (See, the multi-volume Pennsylvania Archives, Colonial Records for a few.) Both James and Mary were very common names. In fact, there was a James and Mary McCallister of roughly the same age who migrated from Pennsylvania to what later became Rockbridge Co., Virginia, and another James and Mary McCallister from Pennsylvania in Frederick Co., Virginia, at about the same time. As a result, I am reserving judgment about the possible marriage between this James McCallister Sr. and Mary McGloughlin in 1747. In addition, there is a roughly 10 year gap between the birth of James Sr.’s youngest son Garrett and the birth of his daughters, Hannah and Mary. This may indicate that James Sr.’s wife Mary was a second wife.
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Early Land Acquisition in Augusta County, VA

The following records are for the James McCallister who died in Bath Co., Virginia, not for any other James McCallister.

A Centennial History of Alleghany County, Virginia, Oren F. Morton, B., Lit., Dayton, Virginia, J. K. Reubush Company 1923; Transcribed by Nancy Piper for Genealogy Trails: Chapter III: Early Land Patents “McCallister, James - Jackson's River – 100 [acres] – 1760”

In 1784, James McCallister Sr. bought 220 acres of land lying on both sides of Jackson’s River in Botetourt Co., Virginia. This land was sold by his estate in 1803.

Botetourt Co., VA, Deed Book 3, pg. 221. Feb. 12/13 1784: Indenture: John Kincaid (Yeoman) and wife, Ann Kinkaid (Greenbrier Co., VA) and James McCallister (Yeoman) of Bath Co., VA. 220 acres (patented to John Kinkaid July 5, 1774) lying in Botetourt Co., VA on Jackson’s River, both sides, for consideration of 490 pounds current money of Virginia, paid by James McCallister to John Kinkaid; Wit Robert Armstrong; Moses Mann; Richard Morris. Signed John Kinkaid and Ann Kincaid. (Abstract from Botetourt Co., VA, Deed Book 3, LDS microfilm, FHL US/CAN Film 30703; also, Annals of Southwest Virginia, 1769-1800, by Lewis Preston Summers, Abingdon, Va.: L.P. Summers, 1929, p. 574, 575.)

Bath Co., VA - Deed Book 2 [?], pages 543 -545: On January 14, 1803, Thomas McCallister and John McCallister, executors of their father James McCallister’s will, sold two parcels of land to George Lively for £2166.67. One parcel was the 220 acres on Jackson's River conveyed by John and Anne Kincaid to James on February 13, 1783.

James McCallister’s land on Jackson's River is mentioned in the following four Library of Virginia grant abstracts from 1795 and 1796:

Library of Virginia -- images available online: http://image.lva.virginia.gov/cgi-bin/GetLONN.pl?first=484&last=&g_p=G31&collection=LO Grantee: Mann, Moses. Publication:30 April 1795. Other Format: Available on microfilm. Virginia State Land Office. Grants A-Z, 1-124, reels 42-190; Virginia State Land Office. Grants 125- , reels 369-. Location: Botetourt County. Description: 55 acres on the south side of Jacksons River near the land of James MacCallester. Source: Land Office Grants No. 31, 1793-1795, p. 484 (Reel 97). System Number: 000791945

Library of Virginia -- images available online: http://image.lva.virginia.gov/cgi-bin/GetLONN.pl?first=56&last=&g_p=G33&collection=LO Grantee: Smith, William. Date: 5 August 1795. Other Format: Available on microfilm. Virginia State Land Office. Grants A-Z, 1-124, reels 42-190; Virginia State Land Office. Grants 125- , reels 369-. Location: Bath County. Description: 100 acres on Jacksons River and on both sides of the Indian Draft Run a branch of said River adjoining the land of James McAllister, Robert Barnet [married to James McCallister’s daughter Hannah], and William and John Mann. Source: Land Office Grants No. 33, 1795-1796, p. 56 (Reel 99). System Number 000823874

Library of Virginia -- images available online: http://image.lva.virginia.gov/cgi-bin/GetLONN.pl?first=517&last=&g_p=G35&collection=LO Grantee: Bornett, Robert. [married to James McCallister’s daughter Hannah] Date:26 August 1796. Other Format: Available on microfilm. Virginia State Land Office. Grants A-Z, 1-124, reels 42-190; Virginia State Land Office. Grants 125- , reels 369-. Location: Bath County. Description: 15 acres on Jacksons River on the south side thereof on both sides of the Indian Draft Run a branch of said river adjoining the land of James McAllister. Source: Land Office Grants No. 35, 1795-1796, p. 517 (Reel 101). System Number 000726181

Library of Virginia -- images available online: http://image.lva.virginia.gov/cgi-bin/GetLONN.pl?first=625&last=&g_p=G35&collection=LO Grantee: McClentick, Alexander. Date: 22 August 1796. Other Format: Available on microfilm. Virginia State Land Office. Grants A-Z, 1-124, reels 42-190; Virginia State Land Office. Grants 125- , reels 369-. Location: Bath County. Description: 40 acres on Jacksons River on the south side thereof adjoining the land he bought of William Mann and the land of James McCallister. Source: Land Office Grants No. 35, 1795-1796, p. 625 (Reel 101).

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Will of James McAllister

From "Abstracts of the Wills and Inventories of Bath County, Virginia 1791-1842", by Bruns, pg. 23-4:

  • Pg. 187. Will of James McAllister (X), dated June 14, 1799.
Wit: Moses Mann, Robert Sprowl and John Brown.
Probated September 1801 Court.
Exec: son Thomas and John
Beq: to wife Mary 50 pounds cash, her bed and "sufficient clothing with the puter, her trunk and wairing apperrel and a horse and a cow".
to daughters Hannah Barnet and Mary Waters 20 pounds each
5 pounds each to grandsons, William son to Thomas; James son to John; James son to James; James son to Richard; James son to Edward; James son to Garrett; and James Barnett.
residue to seven children, Thomas, John, Richard, Edward, Garret, Hannah and Mary.
5 shillings to James.
  • Pg. 194. Inventory - James McCallister.
Submitted Sept. 25, 1801 by Alexander McClintic, Charles Dresler and John Rees.
Bonds of Alexander McClintic, James Pratt, Moses Mann, Richard Hayden, John Waters, Dennis Callaghan, Ann Kincaid, Thomas McCallister, Christopher Persinger, Joseph Wamsley and Archi(?) Crawford.
Accounts of Robert Barnet, John Reese, William Barnet, William Smith, John McCallister Jr., Richard McCallister.
1 cow, 1 book, 1 pair "specktacles", clothing and furnitire.

Will Transcript

In the name of God Amen, I James McCallister, of the County of Bath and State of Virginia of sound mind and judgement but knowing that it is appointed for all men once to die, do make and ordain this my last will and testament in manner and form following: I recommend my soul to the divine being and disposed of all things and my body to be buried in decent and Christian like manner at the discretion of my executors hereafter mentioned and touching such worldly estate as it has pleased God to bless me with, after funeral expenses are paid, I dispose of in the following manner, to wit:
I give and bequeath to my beloved wife, Mary McCallister, fifty pounds in cash to be first paid out of my estate, and her bed and sufficient clothing, with the pewter, her trunk and wearing apparel and a horse creature of the value of twenty pounds and a cow.
ITEM, I give and bequeth to my two daughters, Hannah Barnett and Mary Waters, twenty pounds in cash each,
ITEM, I give and bequeath to my different grandsons, William McAllister , son to Thomas McAllister and James McAllister, son to John McAllister; James McAllister, son to James McAllister; James McAllister, son to Richard McAllister and James McCallister, son to Edward McCallister; James McCallister, son to Garrett McAllister, and James Barnett, each to have five pounds cash out of my estate.
ITEM, I give and bequeath to my seven children, Thomas McAllister, John McAllister, Richard McAllister, Edward McCallister, Garrett McCallister, Hana Barnett and Mary Waters the residue of my estate, both real and personal, to be equally divided between them, except five shillings I give to my son James McCallister, all which legacies I do bind to the different legatees, their heirs and assigns forever.
Lastly, I constitute and appoint my two sons, Thomas McAllister and John McAllister, executors of this my last will and testament, ratifying and confirming this to be my last will and testament.
In witness whereof, I have set my hand and seal this fourteenth day of June, 1799.
Signed , sealed and acknowledged
James McAllister "X" his mark
Moses Mann
Robert Sprowl
John Brown

On January 14, 1803, Thomas McCallister and John McCallister, executors of James McCallister’s will, sold two parcels of land to George Lively for £2166.67. One parcel was the 220 acres on Jackson's River conveyed by John and Anne Kincaid to James on February 13, 1783. The second piece was an adjacent 15 acres patented by Robert Barnett, James’ son-in-law, on 26 August 1796 and conveyed to James’ estate on June 8, 1802. This land was on south side of Jackson' s River, both sides of Indian Draft Run, a branch of Jackson' s River, both sides of Indian Draft Run, a branch of Jackson's River, adjoining James McCallister, survey dated May 7, 1794, patented the 26th day of August 1796 to Robert Barnett. Although there is no explanation for the Barnett conveyance in the deed, it is possible that the conveyance was to satisfy the debt Robert Barnett owed to James’ estate (see inventory above). The deed from the estate to George Lively was proved and recorded in the April 1803 term of the Court. (Bath Co., Virginia - Deed Book 2, pages 543 -545.)

The January 14, 1803, deed was signed by six of James eight surviving children. Although James McCallister, Jr., was alive in 1803, he was not required to sign the deed because he had not inherited any interest in the land under James Sr.'s will. Of those who had inherited an interest in the land, Thomas, John, Richard, Hannah, Mary and Edward signed the deed. Garrett did not, but the April 1803 deed book entry stated that Thomas McCallister and John McCallister were “attorneys in fact for Garrett McCallister” in the property transfer. This means that they had the legal right to sign for Garrett. The deed was also signed by the husbands of James McCallister’s married daughters, Robert Barnett (Hannah) and John Waters (Mary). This was required by law because husbands had the legal right to managed their wives’ properties. The deed was also signed by Jean/Jane McCallister, the wife of Thomas, and Margaret McCallister, the wife of Richard. The wives of John McCallister, Edward McCallister, and Garrett McCallister did not sign the deed.

The January 1803 deed was witnessed by John Rees, the husband of Eleanor Logue; John McCallister, the son of Thomas; William McCallister, the son of Thomas; William Smith, the husband of Elizabeth McCallister, daughter of Thomas; and Richard Heyden/Hayden, connection unknown. John Rees, John McCallister, Jr., and William McCallister, proved the deed for the April 1803 court.

Although James Sr.’s wife Mary was alive in 1799, when his will was written, I have not found anything one way or the other to indicate whether she was alive when the will was probated. She probably died sometime between 1799 and January 1803 because she didn't sign the deed when the estate sold James Sr.'s land to George Lively in January of 1803. Even though she didn't receive an interest in James Sr.'s land under the will, she still had a potential dower claim against the land. So, if she was alive in January of 1803 and hadn't remarried, the purchaser would have wanted her to sign the deed. I suspect the McCallister children waited until their mother had died to sell the family home. If so, Mary probably died in 1802. In any event, I have not been able to find the widow Mary in her own household or living with a child in 1810.


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Records in Augusta County, VA

Kegley's Virginia Frontier, F. B. Kegley, Roanoke, Va., Southwest Virginia Historical Society, 1938, page 391: Hemp Certificated Granted by the Court of Botetourt County 1770-1771: [among others] Thomas McAlister, 1790 lbs., on James McAllister's plantation. See also, Annals of Southwest Virginia by Lewis Preston Summers, Abingdon, Va.: L.P. Summers, 1929, p. 71.

Botetourt County, Virginia, Court Orders (Order books 1770-1776 FHL US/CAN Film 30722) Book 1 page 16: Thomas McAlister proved a Certificate according to Law for one thousand seven hundred ninety pounds of Hemp made on James McAlister's Plantation in this county. February/March 1770 Book 2 page 98- Thomas McCalister proved a certificate for sixteen hundred and forty-four pounds of hemp according to law. April 1772

James McCallister Sr. and sons Garrett and Thomas were on the 1782 Botetourt Co. tax lists in Captain John Bollar’s district. It appears that one of James Sr.’s sons, perhaps Edward, was under age 21 and still a tithable in his father’s household:

A Centennial History of Allegheny County Virginia. Oren F. Morton. Harrisonburg, Virginia. C.J. Carrier. 1986. p. 139: “Tithables are not mentioned when there was only one.” 1782 Botetourt Co. tax lists in Captain John Bollar’s district McCallister Garrett 1 horse McCallister James 2 tithables, 7 horses, 5 cattle McCallister Thomas 1 slave 7 horses 5 cattle

James McCallister Sr., and sons Garrett and Thomas were on the 1783 Botetourt Co. tax lists, again in Captain Boller's Company (Jackson River):

Kegley's Virginia Frontier, F. B. Kegley, Roanoke, Va., Southwest Virginia Historical Society, 1938, page 455: Tax list, Captain Boller's Company (Jackson River) 1783 Garrett McAlister 1 horse James McAlister 7 horses, 5 cattle Thomas McAlister 8 horses, 11 cattle, 1 slave William Smith 4 horses 11 cattle

James Sr. and his sons Thomas, James Jr., Richard, Edward, were in same tax district in 1787.

The 1787 Census of Virginia: An Accounting of the Name of Every White Male Tithable over 21 Years, Netti Schreiner Yantis, Genealogical Pub Co., 1987, pages 218, 219: Botetourt County, Virginia, 1787 District of William Davidson, Tax List B: McCalister, James, 6 horses, mares, colts, mules, 8 cattle McCalister, Thomas, 1bl tithe 16+, 8 horses, mares, colts, mules, 16 cattle McCallister, James Jr., 3 horses, mares, colts, mules, 3 cattle McCalister, Richard, 5 horses, mares, colts, mules, 5 cattle McCallister, Edward, 4 horses, mares, colts, mules, 5 cattle

References
  1.   Find A Grave.

    James McCallister
    Birth: 1730, Ireland
    Death: Sep. 25, 1801

    •Name: James McCallister
    •Given Name: James
    •Surname: McCallister
    •Sex: M
    •Birth: Abt 1730 in Ireland
    •Death: 25 Sep 1801 in Bath County, Virginia


    Family links:
    Spouse:
    Mary McGloughin McCallister (1734 - ____)*

    Children:
    Thomas McCallister (1748 - 1829)*

    http://www.findagrave.com/cgi-bin/fg.cgi?page=gr&GRid=104331548&ref=acom

  2.   http://wc.rootsweb.ancestry.com/cgi-bin/igm.cgi?op=GET&db=:3352505&id=I1935
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