Thomas˛Garnett (Johną) – Probably 3rd known child of Johną Sr.
Born: bet. 1670-75, Kingston Parish, Gloucester County, Virginia
Married: ca 1700, St. Ann’s Parish, Essex County, Virginia, Elizabeth, daughter of Salvadore Muscoe Sr.
Died: ca 1743, St. Anne’s Parish, Essex County, Virginia
I estimate Thomas2 birth year from what information is known about his first-born child – Anthony3. The traditional naming of children in the English model is that the first two male children are named after the father and parental grandfather, not necessarily in that order. This concept seems to work for his older brother John2 Jr. It seems to fall apart with Thomas2 and Elizabeth’s first child – Anthony3. Their first child, if they followed the English model of naming children should have been either Thomas or John followed with the second male with one of those names. My guess is the there were other male children born before Anthony with these names and they died young. Thomas2 and Elizabeth had a total of nine children that lived to adulthood – the next son after Anthony3 was named John3 and the last son born was named Thomas3.
Thomas2 probably moved to his Essex County property, the 150 acres his father John1 bequeathed him about 1696 when he became of age and was living there in 1704 where he shows up as paying tax on 1000 acres on the 1704 Quit Rent Rolls for Essex County under the name John Garrett. I believe that it was in Kingston Parish, Gloucester County where he met his future wife Elizabeth Muscoe, the daughter of Salvator Muscoe, Sr., an Italian stonecutter and married about 1700 after both families had moved to Essex County. I assume that part of the 1000 acres on the 1704 Quit Rent Rolls came from Elizabeth’s side of the marriage.
Salvator, Sr. had moved from Italy to London, England after the great fire of 1666 had destroyed much of London. His skill as a stonecutter was employed in the rebuilding of London and he worked under the direction of Sir Christopher Wren in the construction of St. Paul’s Cathedral. Salvator, Sr. emigrated from London to Virginia about 1685. He had at least three children – Salvator Jr. born 1675, Elizabeth born about 1680 and Jane birth date unknown all born in London.
In 1692 Salvator Muscoe, probably ‘senior’ witnessed a deed involving the purchase of land in Essex, County by John Baker of Kingston Parish, Gloucester County. Salvator Muscoe, Sr. appears to have originally lived in Kingston Parish, Gloucester County as a neighbor of John1 Garnett, Sr.. The signature on the land purchase is not the same as the signature on Salvator Muscoe, Jr.’s (1674-1741) will recorded in Essex County, fifty years later. Salvator Muscoe – probably ‘junior’ paid Essex County ‘Quit Rent Roll’ taxes on 100 acres in 1704. In 1709 Salvator Muscoe, Jr. of Essex witnessed the following deed.
In a deed of 8 June 1709, recorded in the Essex County Deed Book # 13, page 225, the grantor, Thomas2 Garnett, of St. Anne's Parish, Essex, planter, is described as "one of the sons and devisees of John1 Garnett, late of the Parish of Kingston, in the County of Gloucester".
"In consideration of 3,500 pounds of tobacco Thomas2 Garnett conveys unto John Foster 50 acres of land on the south side of the Rappahannock River, being part of a tract of 600 acres purchased by John1 Garnett, deceased, from John Barker, lying on the Rappahannock River near Moseley's Quarter, and more particularly the said Thomas2 Garnett's share of the 150 acres which John1 Garnett had by his last will, dated 12 November 1703, given to his son, Anthony2 Garnett, who having died before he attained the age of twenty-one years his share did then by right belong to the surviving children of the said John1 Garnett, of which the share of Thomas2 was the 50 acres therein conveyed." Salvatore Muscoe Jr. and William Taylor witness the deed.
In this same above document, Elizabeth, wife of Thomas2, relinquished her dower rights to this property. This establishes that at least by this date Thomas2 and Elizabeth Muscoe were married and living in St. Anne's Parish probably on the 150 acres he received in his father's will and that his father John1 Garnett had died.
The above mentioned 50 acres' is described in detail as -
"upon the south side of the Rappahannock River and Bounded as followeth - beginning at a marked Sweet Gum (tree), a line of a tract of six hundred acres of land purchased by the above John1 Garnett Dec'd from John Baker, standing below the house where sd. (said) Jno. (John) Foster formerly dwelt, in a branch issuing out of Gilson's Swamp (Gilson Creek is now identified on maps as Mount Landing Creek) soe up the west side of the branch until it makes a forke, thence along the west fork of the said branch to a great corner maple (tree) standing in the said branch, then passing the woods along the line of marked trees to a path that leads from Foster's old plantation to Moseley's Quarter, so across the said path to a marked red oak (tree) standing at the head of a branch line beginning along a line of marked trees to a marked hickory saplin at the head of a branch, thence along a line of marked trees to a marked dogwood (tree) & white oak (tree) standing at the head of another branch, so over the said branch to a corner popler (tree), it being a corner tree to a tract on land of six hundred acres purchased by Jno (John1) Garnett, father ye said Thomas2 Garnett from Thos. Baker, so crossing the said branch again & along ye said Thomas2 Garnett's line to the Sweet Gum (tree) in the branch were it first began".
In March 1714, Thomas2 served as an administrator of his brother John2’s estate in Essex County. The 1715 Quit Rent Rolls for Essex County identify Thomas2 with 150 acres and nephew James3 Garnett, son of John2 Garnett, Jr. 200 acres.
In 1733 Thomas2 Garnett made his will in which his wife Elizabeth was named sole executor and witnessed by James3 Garnett (John2, John1) and Salvator Muscoe, Jr. On 20 December 1748 it was ‘proved by the oath of James3 Garnett, gent.’ James3 Garnett was Thomas2’ first cousin and not Thomas2’ son who was under 21 years of age in 1733 when the will was written. James3 Garnett (John2, John1) married a daughter of Salvator Muscoe, Jr. and was the father of Muscoe3 Garnett who built Elmwood. These Garnett-Muscoe association with the fact that the Muscoe name is often found with Thomas2 Garnett’s descendants is very strong evidence that Thomas2 Garnett’s wife was Elizabeth Muscoe, sister of Salvador Muscoe, Jr.
Thomas2' will, dated 20 December 1733 (Essex County Will Book #7, page 60.), names Elizabeth as executrix and identifies his "small children" – John3, Anne3, Sarah3, James3, Joyce3, Mary3, Avey3 and Thomas3 with brother-in-law Salvatore Muscoe Jr., William Lenthen and Jas. Smith as witness. The Probate Record of 20 December 1743 records that at a Court held for Essex County at Rappahannock, the Last Will and Testament of Thomas2 Garnett, deceased, was proved by the oath of James3 Garnett (John2, John1) who also made oath that he did see Salvator Muscoe (Note: Salvator died in 1741 and James was ‘proved by oath’ that Salvator witnessed the document) described the same as a witness thereto and being also sworn to by Elizabeth Garnett, the executrix there in named, was admitted to record. Signed: Justice A. Beverley, Clerk. Thomas2’ modest estate was inventoried on 19 June 1744 - showed five Negroes and other items, and was signed by Elizabeth Garnett, executrix. (Essex Will Book #7, page 174.)
Salvator Muscoe Jr., brother of Elizabeth (Muscoe) Garnett, undoubtedly wrote the will because he is the only individual that signed his name on the document. He first appeared as a lawyer living in Essex County about 1702. In 1736-1738 and 1740, he served as Burgess and died in 1741. His will proved 16 June 1741 tells us he was born 1675 and his wife Mary (Hucklescott) Muscoe was executor of the will. Salvator names his grandson, Muscoe4 Garnett (James3, John2, John1), and daughters - Mary, Frances, Tabitha, Jane and Sarah Muscoe. He mentions in the will his widowed sister Mrs. Jane (Muscoe) Collingwood of Great Britain, who he says gave all her stock, valued at 400 pounds sterling, to be equally divided between my grandson Muscoe4 and children. Muscoe4 Garnett, son of James3 Garnett, will be discussed in Appendix B, page ???.
Thomas2‘ use of the term 'small children' in his will confuse the issue of their correct age. My assumption is that the oldest 'small child' – John3 would be about 15 years old in 1733 when Thomas2 wrote his will. The oldest child Anthony3 whose date of birth varies from 1700 to 1709 is not mentioned in this will because he has already received his portion of Thomas’2 estate – the 150 acres Thomas2 received in his father John1 Garnett’s will – this is authenticated when Anthony3 sells the property in October 1758 and his connection to Thomas2 Garnett is established.
Thomas'2 first-born son Anthony3 had married by the time the will was probated and moved to Culpeper County approximately 70 miles northeast of St. Ann Parish, Essex County. Anthony3's wife Elizabeth (Jones) Garnett - widow of John Boulware had recently been the executrix of her father's will and with her sister divided equally his large estate in Essex County. Anthony3 and Elizabeth probably moved from Essex to what is now Culpeper County around 20 December 1741, when he leased from the Spotswood executors 150 acres in St. Marks Parish.
Many Garnett genealogist feel that Anthony3’s birth mother was not Elizabeth (Muscoe) Garnett and this seems to play out for Anthony3, who was twenty-one at the time his father's will was written in 1733 and was not chosen as one of the executors. There is no documentation to justify this information other than a gap in the age between Anthony3 and the younger children identified in Thomas'2 will and Anthony3 not being chosen as an executor. My guess is that Elizabeth (Muscoe) Garnett was Anthony3’s mother.
Apparently probate was never closed on Thomas'2 will, because on 20 June 1758 John3 Garnett, son of Thomas2, was appointed administrator of the estate with Richard Noell and Mark Andrews as co-bondsmen. (Essex Will Book #11, page 115.) One could assume that by this date wife Elizabeth had died which prompted new administrators of the will and that John3 Garnett was at least twenty-one years old. Mark Andrews was the husband of Thomas2' daughter Avey3 and Richard Noell was the husband of daughter Mary3.
A second appraisal of the estate of Thomas2 Garnett, dated 13 June 1761, showed eight Negroes (which included four of the five Negroes shown on the inventory of 19 June 1744.). It should be remembered that under English law, the eldest son inherited all of the real estate immediately on the death of the father, unless the father specified otherwise in a will. The will of Thomas2 Garnett changed this - the widow was to have the use of all the estate including real estate during her life, for the support of the children named and after the widow's death, all the younger children dividing Thomas2 and Elizabeth’s belongings and other property with the 150 acre plantation to first born Anthony3. In 1758 after Elizabeth (Moscoe) Garnett’s death Anthony3 deeds this property – 150 acres to his brother-in-law Richard Noell.
Thomas2 Garnett died shortly before 20 December 1743 when his will was probated. His wife Elizabeth probably died before 20 June 1758 when son John3 was appointed administrator of Thomas'2 will. See page 42? for the children of Thomas2 and Elizabeth (Muscoe) Garnett.
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