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m. Abt 1740 - Capt. John Stuart1740 - 1831
Facts and Events
John Stuart, Jr. was one of the Early Settlers of Augusta County, Virginia
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Will
From Rockbridge County Will Book 7, pg. 40:
- In the name of God amen, I John Stuart Senr. of the County of Rockbridge Virginia, being weak in body, but sound of mind, and calling to mind the uncertainty of human life, and being desirous to dispose of such worldly estate as it hath pleased God to bless me with, I give and bequeath the same in the manner following, that is to say:
- 1st, I desire and direct, that all of my lawful & just debts & funeral expenses be promptly paid, out of any money in the hands of my executors, herein afterwards to be named.
- 2nd, I give to be beloved wife Elizabeth, a negro women named Dinah, & her daughter named Suchy, with their ?? from and after my decease, to be freely disposed of by her as she may think proper, I give her likewise my grey mare, the whole of my household & kitchen furniture, and one hundred pounds in money, to be freely enjoyed by her, and disposed of as she may think proper. And lastly I give her during her natural life, the free & intire use, of the two rooms adjoining each other, with fire places in them, in the east end of my house; and I direct & require my son Walker, for the reason hereafter to be mentioned, to furnish her table during her life, with everything necessary to support her confort.
- 3rd, To my son James, who has received a portion of my estate, and as in easy circumstances, I do not think it necessary or proper to give anything.
- 4th, I give to my daughter Mary Walker, & her heirs forever a negro boy named Tim, and one hundred pounds in money to be paid to her by my son Walker, in the manner & for the reason herein afterwards to be mentioned.
- 5th, I give to my son John, his bond for ninety-one pounds fourteen shillings & three pence, given to me on the fourteenth of October 1807 and due on the 1st Jan. 1812, with all the interest that may be due thereon at the time of my decease.
- 6th, I give to my son Robert, one hundred pounds out of the money arising from bonds and accounts now due to me.
- 7th, I give to my son Hugh & his heirs forever, a negro boy named Sam, and a negro girl named Pheby; and I direct & require my son Walker to pay to him, one hundred & ten pounds, in the manr & for the reason hereafter to be mentioned.
- 8th, I give to my son Alexander & his heirs forever a negro woman named Jin, her child named Fanny, & her child named Mariah, and whatever increase said negro woman may hereafter have; and I do hereby direct & require my son Walker to pay him ninety pounds in teh manner & for the reason hereafter to be mentioned.
- 9th, I give my son Walker, his heirs & assigns forever, all the tract or parcel of land on which I now live, with all of the appertances, priviledges & advantages thereunto belonging, I give him likewise, & to his heirs forever, a negro boy named Andrew, a negro boy named Bill, & a negro nam named Cush. I give him moreover, my still & reefsels (?), my waggon, and all of my farming utensals of every description; and all my Iron tools; with all my stock of horses, cattle, sheep & hogs.
- But whereas the proportion of estate which I have herein given to my won Walker is greater than which I have given to my other children, in order to render the division more equitable, I do hereby direct & require of him to furnish the table of his mother as mentioned in article 2nd, to pay to my daughter Mary Walker, one hundred pounds, as mentioned in Art. 4, to par to my son Hugh, one hundred & ten pounds, as mentioned in Article 7th, And to my son Alexander, ninety pounds, as mentioned in Article 8th, making in the whole three hundred pounds; of which sum I desire & direct that one hundred pounds be paid at the expiration of six months after my decease, one hundred pounds twelve months after the first payment, each payment to be divided amongst my sons Hugh & Alexander & my daughter Mary, in proportion to the sums which each one is in the whole to receive.
- 10th, whatever may remain of my estate after the payment of my just and lawful debts, my funeral expenses, & the several legacies herein mentioned, I give to my sons Hugh & Alexander, to be equally divided between them, Provided, however; that if said sum exceeds one hundred pounds to each, then and in that case I give the overplus to my son Robert.
- 11th, Lastly, I do hereby constitute and appoint my sons Hugh and Walker, and my friend the Rev. Samuel Brown, executors of this my last Will & Testament; hereby revoking & annuling all other or former Wills or testaments by me heretofore made.
- John Stuart (seal)
- In Witness whereof I have hereunto set my hand & affisced by seal ths Twenty secant day of Jalay (s/b January) in the year of our Lord one thousand eight hundred & severnteen.
- Signed sealed & published as & for the last Will & testament of the above mentioned John Stuart Senr. in presence of us.
- Alexander Walker
- James Walker
- John Walker
- Codicil to my last will and testament dated January 22nd 1817. Whereas it hath pleased God still to spare my life and preserve me in the full power of all mental faculties, I have determined on Mature deliberation, in consequences of several Changes which have taken place since the making of my Will the date inserted to make the following alterations. In the first place, it is my present Will, that my sons Walker or his heirs shall be entirely exonerated acquited and discharged from paying a legacy of one thousand dollars to my two sons Hugh and Alexander and my daughter Mary and that they or their heirs shall never have any claims against him, In consequence of any devise formerly made by me, In Testimony whereof I have hereunto affixed by hand & seal this 11th of January 1826.
- (signed) John Stuart (seal)
- Test: Joseph Walker, H.H. Wardlaw, James Morrison.
- At Rockbridge County Court, September 5th, 1831.
- This writing purporting to be the last Will and Testament of John Stuart deceased with a codicil thereto annesced was produced in Court, and the said Will was proved by the oaths of Alexander and John Walker subscribing witnesses thereto, and the said Codicil was proved by the oaths of Joseph Walker and James Morrison subscribing witnesses, and the sald Will and Codicil were ordered to be recorded.
Records
From Chalkley's:
- Page 117.--1st December, 1770. Joseph Culton's will--To daughter, Jane Culton, alias Petterson, land on Moffet's Creek; to daughter. Margaret Walker, alias Culton; to son, James Culton. Executors, John Stuart, Jr., and Andrew Hays. Teste: Robert Culton, John Love, John Hays. Proved, 17th August, 1773, by Culton and Hays. John Stuart qualifies with William McPheeters, Samuel Steel.
- Vol. 2 - Page ___--John Stewart deposes, 26th April, 1806, aged 67 or 68 years. Has lived in Borden's grant since 1748 or 1749; is son-in-law of James Walker. (Note: this record establishes John Stuart as being born abt. 1738/39).
Rockbridge Records
From Rockbridge County Will Book, pg. 209:[Doesn't sound like an entry in a will book 11:12, 25 April 2013 (EDT)]
John Stuart, Capt. Qualified, Exam'd.
March 30th 1799. John Stewart provided to me a Commission appointing him Capt. of a Company in the first Battallion of the Militia of Rockbridge and qualified thereto according to Law. Given under my hand this 30th Day of March 1799.
Josbs Wllsar (?)
Rockbridge September 3rd 1799. This Certificate of qualification of John Stuart was this day returned & ordered to be Received. Teste: A. Reid CKC
Notes
http://www.penjaccphoto.com/walkerged/fam00092.htm
Husband: John Stuart
Born: 1740 at:
Married: at:
Died: 1831 at: Walker's Creek, Rockbridge Co.,VA.
Father:
Mother:
Other Spouses:
Wife: Elizabeth Bettie Walker
Born: ABT 1745 at:
Died: at:
Father:James Walker
Mother:Mary Guffy
Other Spouses:
CHILDREN
Name: James Stuart
Born: at:
Married: at:
Died: at:
Spouses: Anna Tabb
Name: Mary Stuart
Born: at:
Married: 22 JUL 1783 at: Rockbridge Co., VA.
Died: at:
Spouses: William Walker
Name: John Stuart
Born: at:
Married: at:
Died: at:
Spouses: Virginia Wardlow
Name: Robert Stuart
Born: 14 AUG 1772 at: Walker's Creek, Rockbridge Co.,VA.
Married: at:
Died: at:
Spouses: Hannah Todd
Name: Joseph Stuart
Born: at:
Married: at:
Died: at: Charleston, SC.
Spouses:
Name: Hugh Stuart
Born: at:
Married: 8 APR 1813 at:
Died: at:
Spouses: Elizabeth Betsy Walker
Name: Alexander Stuart
Born: at:
Married: 12 DEC 1809 at: Rockbridge Co., VA
Died: at:
Spouses: Polly Walker
Name: Walker Stuart
Born: at:
Married: at:
Died: at:
Spouses: Miss McClure
References
- ↑ Genealogy of the Descendants of John Walker of Wigdon, Scotland, by Emma Siggins White, published by Tuttle Antiquarian Boooks, Inc
p. 52.
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