Person:Sarah Unknown (1795)

Some researchers have thought that Sarah, wife of Joseph Atherly was a daughter of William Skillern, but this Sarah Skillern would have been too young to have been the wife of Joseph Atherly. William Skillern made the statement in his will of 1744/5 "till my eldest children are of age", which indicates they were still minors. Obviously, Sarah, wife of Joseph Atherly, would have had children by then, so she (Sarah Skillern) could not have married Joseph Atherly.

http://newbern.cpclib.org/research/WillsAn.htm

ATHERLY, SARAH [X] - 13 November 1790 / March 1796 - Son Jonathan ATHER all my property now in his custody and possession. Son Isaack ATHERLY one shilling sterling. Son in law Samuel ROBERTS one shilling sterling. Executors: sons Jonathan and Isaack ATHERLY. Wit: Sally ATHERLY, Lewis JONES

http://freepages.genealogy.rootsweb.ancestry.com/~dunnliz/49.htm

In the name of God amen. I Sarah Atherly of Craven County in the province of North Carolina being sick and week but of sound mind do make this my last Will & Testament that is to say principally and first of all I commend my Soul unto God who gave it and as to my worldly Estate I dispose of the same in the following manner. I give and bequeath unto my son Jonathan Atherly all my personal estate that is now in his Custey to him and his Heirs forever. I also give to my son Joseph Atherly one Shilling Starlen and I also give to my son and law Samuel Robarts and his ares one Shilling Starlen. This I acknowledge to be my last will and testament and do make void and Revoke all wills and testament by me formyle made. I constitute my two sons Jonathan and Joseph Atherly my executors of this my last will and testament. In witness whereof I have hereunto set my hand and fixed my Sele this thirteenth of November One Thousand Seven Hundred and Ninty. Signed Seled published and declared to be her Last will and testament,

her Sarah X Atherly mark

Before Us } Sally Atherly } Lewis Jones 2

Research Notes:

Will probated in N.C. in 1796 naming her children as heirs.

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In an effort to prove or disprove Elizabeth Skillern married Jonathan Atherly, I spent some time researching the Skillerns of Orange County, Virginia, to find something that would give us clues to a connection. Unfortunately, the research did nothing to prove a connection, but it did uncover some very interesting information about the family. Of note, though, is the fact that no Atherly at all ever appears in any record of Orange County or Augusta County or Botetourt County of Virginia. Not even a marriage record. However, clues are found in the information that follows that suggests the Skillern girls married other men.

I am still very skeptical that Jonathan Atherly ever left his home in Craven County, North Carolina to travel the great distance to Virginia to marry Elizabeth Skillern. And no record exists that the Skillerns ever came to North Carolina.

However, the research did prove that Sarah Skillern of Orange County, Virginia and sister to Elizabeth, did not marry Joseph Atherly of Craven County, North Carolina - Jonathan's father. According to her father's will, Sarah Skillern was not of age in 1744; certainly not the same Sarah Atherly that is married and has four children in North Carolina.

Please view the attachment document (Word format) where I have compiled all the information I have found on the Skillerns in Virginia from 1744 to 1780. Ever wonder what happened to Mrs. Skillern when her husband died in 1744...it's a very interesting and somewhat amusing tale that unfolds in that attached court documents.

Skillern Family Court Records and Land Deeds (Compiled by Cheryl & John Osborn - 2 Feb. 2002)

In an effort to prove or disprove Elizabeth Skillern married Jonathan Atherly, I researched the Skillerns of Orange County, Virginia. Unfortunately, the research did nothing to prove the connection either way, but it did uncover some very interesting information about the family. Of note, though, is the fact that no Atherly at all ever appears in any record of Orange County or Augusta County or Botetourt County of Virginia. Not even a marriage record. However, clues are found in the information that follows that suggests the Skillern girls married other men.

We are still very skeptical that Jonathan Atherly ever left his home in Craven County, North Carolina to travel the great distance to Virginia to marry Elizabeth Skillern. And no record exists that the Skillerns ever came to North Carolina.

However, the research did prove that Sarah Skillern of Orange County, Virginia and sister to Elizabeth, did not marry Joseph Atherly of Craven County, North Carolina - Jonathan's father. According to her father's will, Sarah Skillern was not of age in 1744; certainly not the same Sarah Atherly that is married and has four children in North Carolina.

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County Changes in Virginia

When the William & Elizabeth Skillern family arrived in Virginia they settled in an area that was located in Orange County. It was in Orange County that little Elizabeth Skillern was born, and where the father, William Skillern, wrote his will and died, all between 1738 and 1745.

In 1745 the portion of land where the Skillerns lived was taken from Orange County to create the new county of Augusta. Therefore, after 1745 all records of the Skillern family are found in Augusta County. This happened to the Skillern family again in 1770 when their land became part of the newly formed Botetourt County of Virginia, where thereafter their records are found.

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Marriage Information in Virginia

During the time period the Skillern children were marrying, the law of Virginia was that only a church official could perform a marriage, and the couple had to obtain a marriage license before going before the church official. Otherwise, the state of Virginia would not recognize the marriage as legal nor accept the children of the marriage as legitimate. Consequently, the county clerk office distributed the marriage licenses and kept a record of only the grooms' names. No county records of the actual marriage exists. As a result, there are no marriage licenses to be found for the Skillern daughters Isabel, Elizabeth and Sarah; but William and George's licenses are found. Additionally, no marriage license for any Atherlys are found.

It wasn't until many years later that the law changed, resulting in more detailed marriage records being kept by the counties, showing both the bride and groom, their bondsmen, and even the girl's father. But unfortunately, this was too late to record our Skillerns.

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(Orange County Will Book 2, page 63; Skillern Family History book pgs. 1-2)

1744/1775 ORANGE COUNTY, VIRGINIA, 16 January 1744

I bless God that I am in my full senses now at present and recommend my soul to God who gave it I desire that at my departure I may be buried in a Christian manner first I bequeath and give to my eldest son George 300 and thirty five archers (sic) of this tract that I now live on of the end next to Gabriel Alexanders line…I also bequeath and give to my son William 300 archers whereon I now live joyning James Carr to them and their lawfull heirs forever as also 300 and forty seven archers lying at Linnvelles Creek I bequeath and give to them both to be equally divided between them if they don't find it convenient when they come to age that their E's may have liberty to sell it and divide it betwixt them both and the money laid out upon use til they come to age or that they themselves after they come to age providing they do it with one consent may sell it and also divide it equally betwixt them both but if my wife intend to have the third of my land after my death I order that she should have that said three hundred and forty seven archers induring her natural life and at her death to return ye said land to my sons George and William or their heirs as also my three daughters Isabel & Elizabeth..(name is illegible, but in his oath as a land claimant we know it is Sarah). I order ten pounds apiece for each of them to be given into…hands and lawful interest for their uses and if any of them dies without heir that it shall fall to them that is alive of the sisters and if they all die without heirs that it may return to my son George and William and their heirs and as to cattle mears and horses I allow that my wife and children may have of what they now claim and the remainder be equally divided amongst them I allow the bigg horse to be sold and young breeding mears bought for his price one to George and one to William Still I order without dispute that all their horses and mears shall be obliged upon all occasions to work the plantation and all other business that it requires a I also order and allow that my wife shall have the whole rule and command of all as she formerly had until she marry and then she is to withdraw and have no further concerns in this estate but if she inclines never to marry whichever of her sons she inclines to live with is obliged to maintain her as he lives himself with the help of her own industry induring her life but still minding to school and cloath her children while she is over them out of the produce of what they make there is a nigger boy that is to be got from Cornill Willm Randle of Tookaho which I order shall work for the good of the family till my eldest children come of age and whomsoever of the children my wife chuses to live with I allow the said nigger to work their to help to maintain Still allowing that my two sons may aid and assist one another with the help of the said nigger in any business that they are throng in and all things in peace which I desire of them and at my wifes death the said nigger is to be equally divided betwixt George and William or if she marry the nigger to be divided when William comes to age as aforesaid and also when she marrys she has no further right nor interest but what is her own I revoke and deny all other testaments and wills but this as witness my hand and seal this 16th day of January 1744. I constitute and appoint Cornili James Patton and Captain Peter Jefferson Capn Thomas Minersathers & Thomas Skillern Executors as witness my hand and seal the day and year 1744 William Skillern Witnesses: Robert Black; Robert Black

(William Skillern's last will proves that Joseph Atherly's wife, Sarah, was not Sarah Skillern the daughter of William and Elizabeth Skillern of Orange & Augusta Counties, Virginia. Tthe underlined phrase in the will "…till my eldest children come of age" indicates none of his children are of age at the time he wrote his will in 1744, thereby proving that Sarah Atherly, who is married with four children in 1744, is not Sarah Skillern.)

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1745 (Orange County Will Book 2, page 63; Skillern Family History pg. 2)

ORANGE COUNTY, VIRGINIA, 22 August 1745 At a court held for Orange County, Virginia on Thursday the 22nd Day of August 1745 -

This last will and testament of Wm Skillirn dec'd was presented into court by James Patton Gent one of the Exs there in named proved by the oaths of Robert Black Sr. and Robert Black Junr the witnesses thereto and ordered to be recorded and on the motion of the said Exs who made oath according to Law certificate is granted him for obtaining letters of probate thereof in due form giving security on which he with Samuel Gay his security entered into and acknowledged their bond according to law and Elizabeth the wife of sd Skillirn appeared in court and declared that she would not accept receive or take any legacy or legacies to her given or bequeathed thereby or any part thereof and did renounce all benefit and advantage which she might claim by the will and it is ordered that the sherif summon George Skillirn the heir at law of the said William to appear at the next court to show if he will contest the proof of the same.

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1746 (Augusta County Will Book 1, pgs. 33-34; Skillern Family History pgs. 3)

AUGUSTA COUNTY, VIRGINIA, March 18, 1746

Bond to James Patton from Elizabeth Skillern, Robert Black Sr. and John Miller - William Skilren husband of the above Elizabeth Skilren made a Will dated Jan. 16, 1744/45 whereas he appointed James Patton, Peter Jefferson, Thomas Meriweather and Thomas Skilern Executors. Whereof none thought it proper to prove this will and take the burthen of Executorship on them but the above said James Patton having proved the above said will hath not as yet intermedled with the estate. Above Elizabeth Skilren now requests the estate may be left in her possession. If Elizabeth Skilern, Robert Black and John Miller doth truly and well perform all conditions, etc. according to law, etc. then the above obligations to be void, etc. Feb. 18, 1746. Elizabeth (her mark) Skileron; Robert Black; John Miller

A record of Orange County, Virginia Will Book 2, pages 119-120 shows the inventory of William Skillion, total valuation 54 pounds. Returned August 27, 1747 (Note: The portion of land where the Skillern family lived in Orange County, Virginia was used in forming the new county Augusta in 1745.)

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The remaining information comes from the books:

Chronicles of the Scotch-Irish Settlement in Virginia Extracted from the original court records of Augusta County, Virginia. 1745-1800, By Lyman Chalkley (Complete in Three Volumes)

1747

AUGUSTA COUNTY, VIRGINIA, 18 Feb. 1747 Ro. Cunningham complains that Samuel Gay has indulged Utis Perkins in several things after he had apprehended him; ordered under bond; John and Wm. Anderson securities.

18 Feb. 1747

Elizabeth Anderson, late Elizabeth Skillern, and Robert Black, Jr. bound to the peace towards Thomas Turk.

1747 AUGUSTA COUNTY, VIRGINIA, 16 Mar. 1747

Petition of Ute Perkins is rejected. (Ute Perkins is the real name of James Anderson, Elizabeth's new husband.)

1747 AUGUSTA COUNTY, VIRGINIA, 17 Mar. 1747 John Miller and Robert Black to take the estate of Wm. Skillern, heretofore committed to James Patton, and sell the same for the use of Skillern's orphan children.

1747 AUGUSTA COUNTY, VIRGINIA, May Term 1747 John Tillory vs. James Anderson and Elizabeth, his wife, late Elizabeth Skillern. - Debt on note given by Elizabeth when single. Writ dated 28th January, 1747. Note dated 27th November, 1747 (probably should be 1746).

1747 AUGUSTA COUNTY, VIRGINIA, May Term 1747 James Patton, qui tam, vs. Rev. John Hindman. - In 1747 defendant married James Anderson (alias Ute Perkins) and Elizabeth Skeleron, widow and relict of William Skeleron, late of Augusta, without license.

1751 AUGUSTA COUNTY, VIRGINIA, 19 Feb. 1751 Petition of John and Reubin Harrison for reward for killing 2 persons under Ute Perkins; certified to Genl. Assy.

1752 AUGUSTA COUNTY, VIRGINIA, 20 May 1752 Elizabeth Perkins and her two sons, George and William Skillern, bound to peace towards James Carr. (James Carr owns property bordering the land Wm. Skillern wills to his sons.)

1752 AUGUSTA COUNTY, VIRGINIA, Aug 1756 Pleasants vs. Skillern - Thomas Pleasants complains of Eliza Skillern (August 1752), otherwise called Eliza Perkins, otherwise called Eliza Anderson. Plea: Plaintiff ought not to recover, because at time of making bond and at time of issuing process in this suit she was married to one James Anderson, alias Ute Perkins. Bond date 1750. Replication states she was known as Eliza Skillern and denied being married.

1759 (Augusta Co. Court Records Order Book Vo. VI) AUGUSTA COUNTY, VIRGINIA, 23 Nov, 1759 George Skillern & William Skillern added to tithables. (This means they are now officially "of age.")

1761 AUGUSTA COUNTY, VIRGINIA, 19 Nov 1761 James Anderson and Elizabeth, formerly Elizabeth Skilleron, widow of Wm. Skilleron, to George and William Skilleron, sons and devisees of said William Skilleron; 1. A tract on Linvel's Creek, 343 acres; 2. A tract on Long Meadow, 635 acres;; except 100 acres of second tract bounded viz: cor. Wm. Skilleron, Carr's line. (Now that the boys are old enough, they receive their father's inheritance.)

1761 AUGUSTA COUNTY, VIRGINIA, 21 Nov 1761 William Skillern to James Anderson, 50 pounds, 100 acres on Long Meadow; cor. To Wm. Skillern, Carr's line. Delivered: Benj. Tudor, March, 1768.

1763 AUGUSTA COUNTY, VIRGINIA, 2 May 1763 George Skillern obtains a marriage license. (We know he marries Elizabeth Brown, daughter of John & Margaret Brown from John's will when he dies in 1770).

1763 AUGUSTA COUNTY, VIRGINIA, 12 April 1763 William Skillern obtains a marriage license. (We know he marries Mary Anderson, daughter of William & Elizabeth Anderson from Wm.'s will when he dies between 1792 &1794)

1765 AUGUSTA COUNTY, VIRGINIA Petition for James Anderson to become a blacksmith.

1765 AUGUSTA COUNTY, VIRGINIA George Skillern appointed justice. He is also appointed guardian to John Wall, infant orphan of ____ Wall, dec. (Could this be the third sister's marriage to a Wall?)

1769 AUGUSTA COUNTY, VIRGINIA, June Term 1769 William Robertson vs. James Anderson (Long Meadow) - Trespass. James killed Robertson's fowls and hogs with ratsbane in 1767. James Meek's deposiiton on Nov. 1, 1768: He was at James Anderson's house on Long Meadow. James wife was Elizabeth, and they had a daughter Jean. Elizabeth was mother of William Skillern and George Skillren. Verdict for plaintiff.

Rex vs. James Anderson. - James Anderson, indicted 1768, for poisoning Wm. Robertson's hogs, &c.

1770 AUGUSTA COUNTY, VIRGINIA, 19 June 1770 John Brown's will - To wife Margaret; to son Thomas; to son James; to daughter Elizabeth Skillern; to son Hugh (infany), land adjoining the Meeting House; to son John… (This Elizabeth Skillern is the wife of George Skillern)

1771 BOTETOURT COUNTY, VIRGINIA, 21 Mar. 1771 Elizabeth, wife of James Anderson, relinquished dower in 100 aces - deed to Joseph Reaburn. (Does this "dower" mean that Joseph Reaburn married one of Elizabeth's daughters?)

1803 BOTETOURT COUNTY, VIRGINIA Will of George Skillern of Botetourt. Son, William Preston Skillern; daughters, viz: Elizabeth Beale, Nancy Skillern; daughter, Peggy Beale; grandson, George Skillern Beale; nephew, James Cartmill; three daughters; wife's brother, Mr. John Brown of Augusta. Dated 6th December, 1803 Recorded in Botetourt, April, 1804. (This is the oldest son of William & Elizabeth Skillern; his mention of nephew James Cartmill indicates one of his three sisters married a Cartmill.) 1 3

Sources

1 Sandra Eatherly Cantrell, Family Records of Sandra Eatherly Cantrell (c/o Liz Schuck, 8851 81st Av SW, Lakewood, WA 98498), 1 Jun 2001 Eatherly GEDCOM.

2 County Clerk, Wills of Craven County, NC (see details, Clerk of Court, PO Box 1187, New Bern NC 28560-1187, 1.252.514.4774), 1796, Folder, Atherly, Sarah Box 028.801.15. In the name of God amen. I Sarah Atherly of Craven County...

3 Cheryl Osborne, Family Records of Cheryl Osborne (c/o Liz Schuck, 8851 81st Av SW, Lakewood, WA 98498), Letter, 2 Feb 2002. In an effort to prove or disprove Elizabeth Skillern married Jonathan Atherly, I spent some time researching the Skillerns of Orange County, Virginia, to find something that would give us clues to a connection...

Information is intentionally withdrawn when the individual or spouse is living or presumed living.

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