Person talk:Mary Stephenson (36)

Divorce and Death Date [21 November 2022]

The language in Chalkley is misleading. The full case can be found in the Library of Virginia's Chancery Records Index ("Virginia Memory"), by selecting Augusta County, year 1821, index 041 (this is freely available and very useful!). John Hughs is the son of Mary's sister, Jane and William Hughs. Chalkley's note about October 1803 "DIVORCE" refers to an entry in the Augusta County Order Book, 29 Oct 1803: "Mary Swallow by [her brother-in-law] John Cook her next friend vs. Jacob Swallow in chancery. This pltff having departed this life since the last continuance, it is ordered that this suit abate." [Order books, v. 28 1803-1804, Page 72].

Reading the John Hughs vs. Jacob Swallow executor lawsuit (as much as I can read the writing), it appears that Mary wanted to divorce Jacob so that he would not inherit any of her father's land through her, and her nephew John would get it all. Her suit for divorce kept being continued from 29 Feb 1796, when it was filed, until October 1803, just after she died. The language in the lawsuit along with the Augusta County Personal Property Tax lists (see 1802 and 1803) make it appear that she was only legally separated from Jacob around 1802-1803, and she lived with David Brand (Constable):

In David Brand's deposition, he said that "Mary Swallow...lived with him and croped one season and this deponant states that during that time he had frequent conversation with her on the subject of the Plantiff and she uniformly made this statement that the Plantiff John Huse was her sisters son, and that she died very soon after the birth of said Jno Hughs and frequently heard her the said Mary Swallow mention the trouble she had in raising the child and also heard Cook's wife [Susannah, one of Mary's other sisters] state that John Huse the Plantiff was the Heir of her sister Jane, who died amediately after his birth and heard of no other Heir ever spoken of by either Mrs.Swallow or Mrs. Cook, heirs of Thomas Stevenson Decd.".

John Stevenson had four daughters:

• Mary m. Jacob Swallow (no children)
• Rachel m. William Cooper (probably no children)
• Jane m. William Hughes ("third daughter", mother of John Hughes; died at his birth)
• Susannah m. John Cook (no children)

Hope this helps.--Mkoontz 00:39, 21 November 2022 (UTC)