Person:James Rutherford (34)

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

Contents 1 Related 2 Overview 3 Land 4 Will 5 1756 Processioning 6 Records in Augusta County, VA 7 Records in Rockbridge Co., VA 8 Notes		Welcome to Old Augusta Early Settlers Beverley Manor Borden's Grant Register Data Maps Places Library History Index
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Related

List of Records for Wallace in Chalkley's Chronicles

List of records for Rutherford in Chalkley's Chronicles

Overview

James is commonly identified as the brother of person:Katherine Rutherford (1), wife of John Walker II of the Wigton Walker Lineage. The basis for this identification is Source:White, 1902, but it is not supported (or refuted) by original source documentation. However, James owned property in the Walker Creek Watershed, in the same portion of Borden's Grant settled by other Wigton Walkers.

Land

James Rutnerford's land (Borden Tract NE, 322½ acres, acquired from John Wallace in 1755; part of John Wallace's original 895-acre patent) 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 538.--18th March, 1755. John Wallace, plantationer, to James Rutherford, plantationer, £20, 322-1/2 acres of Borden's tract on Walker's Creek: corner Wm. Reagh; Archibald Reagh's corner. Livery, &c. Delivered: John Buchanan, weaver, September, 1755. (Note: John Wallace was the son-in-law of James Rutherford).

Disposition of Land: (from James Rutherford's Estate)

Rockbridge County, VA Deed Book C, pp. 445-446. (Abstract)

5 September 1797 73 pounds 161 Acres

William Buchanan only living Executor of the last Will and testament of Jame (sic) Rutherford late of Augusta County Deceased to Andrew Kennady of Rockbridge County and state of Virginia. Tract of land in which the said James Rutherford was seized containing 161 acres more or less in the County of Rockbridge on Walkers Creek, bounded as follows:

Beginning at a white walnut and small hickory on said creek corner to John Fultons land and with his line, S 45 deg, E 130 poles to a blazed Chestnut, S 30 deg, E 200 poles to 3 chestnut oaks, S 31 deg, W 82 poles to a broken locust and 2 small maples near a chestnut and near the top of a hill, S 40 deg, W 34 poles to a locust and Chestnut Oak, N 40 deg, W 40 poles to a post, N 40 deg # 40 poles to a walnut and hickory, N 40 deg, W 98 poles to a chestnut, N 40, E 30 poles to a small walnut, N 28, W 116 poles to a walnut and beach near a spring head, S 54 1/2. W 46 poles to 2 large Black oaks, N deg, W 112 poles to the said creek and up the several courses of the same to the beginning.

Land now in possession of Andrew Kenady with all ways water courses, houses, and advantages whatsoever unto the said land and premises belonging n any ways appertaining and all the Estate right title interest of him the said William Buchanan Exor of said James Rutherford Deceased in the same. to have and hold land with appurtenances unto Andrew Kenady his heirs and assigns forever.

William Buchanan his heirs and all other person whatsoever claiming under them will warrant and forever defend by these presents

(Signed) William Buchanan

Rockbridge Court 5 September 1797

William Buchanan Executor of James Rutherford Decd acknowledged this his Indenture of Bargain and sale for land to Andrew Kenady & ordered to be recorded

Teste A. Reid Cl

Will

From Chalkley's Augusta County, Virginia Court Records:

• Page 143 - - 24th December, 1760. James Rutherford's will, weaver - - Wife, Margaret; son, Samuel, deaf and dumb. My son (in-law), John Wallace, and my son (in-law), Thos Hudson. Executors, wife Margaret and Wm. Buchanan. Teste: William Thompson, Archibald Buchanan, James Buchanan, Wm. Buchanan. Proved 17th August, 1768, by Archibald Buchanan.

• Page 135.--7th July, 1768. James Rutherford's estate appraised, by Joseph Culton, John Berry, John Walker; John McCampbel's bond; Thos. Hutson's; Mat. Moorchead's.

• Page 119.--18th May, 1768. James Rutherford's will was presented by Wm. Buchanan, one of the executors, who refused to execute. It is proved that Margaret, the willow, likewise refuses. Will is proved, by William Buchanan (another witness, James Buchanan, being dead). The other witness, Archibald Buchanan, is ordered summoned. Administration granted Alex. Walker.

• Page 219.--17th June, 1769. Margaret Rutherford's receipt to Alexander Walker, executor of James Rutherford, for her portion of her husband's estate. Teste: William Buchanan, Thos. Hutson, John Wallace.

1756 Processioning

"Processioning" was the periodic review and agreement of property lines between settler's lands. Processioning Lists are useful in determining the general area of a settlers lands and their neighbors at specific time periods:

• Vol. 2 - Page 178.--1756: Processioned by Andrew Hays and Jacob Anderson, viz: For Capt. Joseph Culton, for John Stuart, for Robert Stuart, for Alex. McCroskey, for Alex. Miller, for James Moor, for James Robson, for Wm. Reach, for Robert Roech, for James Ritherfoard, for Jno. Bounton, for Wm. Givin, for Robert Culton, for Wm. Porter, for John McCroskey, for Wm. Buchanan, for Charles Hays, for Alex. Walker, Jr., for Alex. Walker, Sr., for James Walker, for John Walker, for John Wallis, for Andrew Hays, for Jacob Anderson.

Records in Augusta County, VA

From Chalkley’s Augusta County Records:

• Page 145--Wm. Patton, aged 64, deposes, in Rockbridge, 7th November, 1806, he has lived in Rockbridge 56 years since last May. After the Revolution there was a rapid increase of immigration from the North. James Wardlaw and deponent's father were intimate. James had a son Hugh and a son Robert. There were Indian troubles for about 10 years. Fifty years ago there was a fort at McClung; the last incursion was 43 years ago, when 16 or 17 people were killed. Deponent helped bury them and they were attacked at the burial. These were very early settlers, viz: James, Alexr. Saml. Walker, James Moore, Saml. Coalter, Jno. Wallace, Archd. Rhea, James Rutherford, James Buchanan, Andrew and Charles Hays. Deponent was born September, 1742. McDowell was killed Christmas or New Year's, after his birth. (Note: William Patton appears to have listed residents who may have been living nearby and/or whose families may have had members killed in the Indian incursions during the 1760's).

• 3:333 Page 538.--18th March, 1755. John Wallace, plantationer, to James Rutherford, plantationer, £20, 322-1/2 acres of Borden's tract on Walker's Creek: corner Wm. Reagh; Archibald Reagh's corner. Livery, &c. Delivered: John Buchanan, weaver, September, 1755.

• 3:471 Page 491.--16th May, 1768. Joseph Rediford (Redeford, Rutherford) to Joseph Rutherford, Jr., £50, 134 acres on Cub Run, part of 400 acres patented to James Wood, 12th January, 1746, and by him bequeathed to Mary Wood by will recorded in Frederick and by Mary conveyed to Joseph Rutherford, 31st December, 1760; corner Thomas Rutherford in line of Felix Gilbert's land on spur of Peaked Mountain. Teste: John Dickenson, Ralph Lafferty, Daniel Kidd. Delivered: Jas. Rutherford, 23d February, 1773.

Records in Rockbridge Co., VA

Rockbridge County, VA Deed Book C, pp. 172-174. (Transcription)

To all to whom these presents shall come, Thomas Hutson, Robert Peerey and Isbell his wife, Robin Wallace and Sarah his Wife, James Wallace and Agness his wife and Robert Campbell and Rebecca his Wife send greeting Whereas James Rutherford since deceased, and John Wallace who is also since dead who intermarried with Isbell the Daughter of the said James Rutherford purchased in partnership of a certain Benjamin Burden a tract of Land in Rockbridge County in the Commonwealth of Virginia lying on the South Side of Walkers Creek containing about six hundred & forty Acres of Land and afterwards divided the same equally between them and whereas also Thomas Hutson, intermarried with Jean the Daughter of the said James Rutherford, who is also since dead and the said James Rutherford in consideration of the said Marriage executed to the said Thomas Hutson his bond for the conveyance to him of one hundred and sixty acres of the said James Rutherfords part of the said land which one hundred and Sixty Acres of land was one half of the said James Rutherfords proportion of the said Land and whereas the other one hundred and sixty acres of the said Land was directed by the said James Rutherford to be sold and the proceeds of the sale to be appropriated to the support of Samuel Rutherford his Son, who was deaf and Dumb & is since dead which the said Thomas Hutson has since purchased at public sale And whereas Robert Peerey has intermarried with Isbell the Daughter of the said Thomas Hutson and the said Thomas Hutson gave to him in consideration of the said Marriage the one hundred and Sixty Acres of land, given to him by the said James Rutherford and the said Robert Peerey has sold the same to a certain James Beard who has sold the same to a certain Weinegar and whereas the said Thomas Hutson has lost the Bond executed to him as aforesaid by the said James Rutherford and James Wallace and Agness his Wife Robin Wallace and Sarah his Wife and Robert Campbell and Rebecca his Wife, the said James, Robin, and Rebecca being the only Children of the said John Wallace deceased are willing to join with the said Thomas Hutson and Robert Peery and Isbell his wife in a conveyance of the said One hundred and Sixty Acres of Land given to the said Thomas Hutson as aforesaid to the said ____ Weinegar. Now know ye that we Thomas Hutson, Robert Peerey and Isbell his wife Robin Wallace and Sarah his wife James Wallace And Agness his Wife and Robert Campbell and Rebecca his Wife for the cause aforesaid and for divers good considerations as thereunto moving have made ordained constituted and appointed and by these Presents Do make ordain constitute and appoint John Walker of Rockbridge County in the Commonwealth aforesaid our true and lawful Attorney for us and in our names to sign seal and deliver as out Act and deed a good and lawful deed of Conveyance to the said ____ Weineger of the One hundred and Sixty Acres of Land Given as aforesaid to the said Thomas Hutson by the said James Rutherford Giving and hereby granting unto our said attorney full power and authority to act and do in the premises as fully to all intents and purposes as we ourselves might or could do if personally present Ratifying confirming and allowing for firm and effectual all and whatsoever our said attorney shall lawfully do or cause to be done in the premises by Virtue of these presents.

In Witness whereof the said Thomas Hutson, Robert Peerey and Isbell his Wife Robin Wallace and Sarah his wife James Wallace and Agness his Wife and Robert Campbell and Rebecca his Wife have set their hands and affixed their seals this ___ day of August 1794.

Sealed and delivered James Wallace

in presence of Agnes Wallace (x her mark)

the words and is since dead Robert Peery

being first interlined Isabella Peery (x her mark)

                                          Robert Wallace
                                          Sarah Wallace
                                          Robert Campbell
                                          Rebecca Campbell
                                       Thomas Hutson
                                       Mary Hutson (O her mark)

State of Kentucky

Fayette County June Court 1795

This Letter of Attorney was produced in Court Acknowledged by Tho. Hutson, Ro. Peary, Isabel Peary, Mary Hutson, Ro. Campbell, Rebeccah Campbell, Sarah Wallace, James Wallace, Agness Wallace & Robert Wallace Parties thereto and ordered to be Recorded.

In Testimony whereof as Clerk of the said County I hereto set my hand and affix the seal of the said Court this 16th day of June 1795 And in the fourth year of the Commonwealth

Levi Todd

State of Kentucky Fayette County to wit I Thomas Lewis presiding Justice of the Court of Quarter Sessions for the County foresaid do certify that the foregoing attestation of Levi Todd who is clerk of the said Court is in due form Given under my hand this sixteenth day of June 1795 and fourth year of the Commonwealth

Thos Lewis

At a Court held for the County of Rockbridge the first day of September 1795

This Letter of Attorney from James Wallace & Agness his Wife, Robert Peery & Isabella his Wife Robert Wallace & Sarah his Wife Robert Campbell & Rebecca his Wife & Thomas Hutson & Mary his Wife to John Walker was Acknowledged in the County Court of Fayette & State of Kentucky and Ordered to be Recorded as appears by the Certificate annexed, and is also Ordered to be Recorded here

Teste A. Reid Cl

Source: USGenWeb Archives

Notes

Margaret and James are said to be cousins. They are believed to have come to America about abt 1738, and had three children: Samuel, born deaf, Jean, and Isabel.

http://www.penjaccphoto.com/Penleyged/fam00970.htm

Married: UNKNOWN at:

  Died: 26 APR 1768      at: Augusta Co., VA  
Father:John RUTHERFORD
Mother:Isabella ALLEINE
       Other Spouses: 

NOTES

  Died: ABT 1774         at:   
Father:
Mother:
       Other Spouses: 

NOTES

  Born: UNKNOWN          at:   

Married: UNKNOWN at:

  Died: UNKNOWN          at:   

Spouses: Thomas HUTSON

1. ↑ Genealogy of the Descendants of John Walker of Wigdon, Scotland
   1.