Re: Boanages Roberts - as promised long ago. From Patrick Hayes
-
In reply to:
Re: Boanages Roberts
Ed Roberts 2/01/02
[4] BENJAMIN ROBERTS(John [1]).The youngest brother, born in Stafford County, Virginia, after 1705 (as he was still a minor on February 1, 1726); married Ann _____.When he died in Culpeper County, Virginia, in late February or early March 1782, his son, Benjamin, had preceded him the previous year.
Inherited from his father, "all that tract of land laying on both sides the mountain Run joyning on Roger Abbots and Fields containing four hundred acres more or less..."(Will Proved 3rd November 1724)
BOND OF GUARDIAN OF BENJAMIN ROBERTS
KNOW ALL MEN by these presents that we William Thomas & Augustine Smith are held and firmly bound unto the Worshipfull His Majtsy Justices of Spotsylvania County or their Successors in ye penall sum of fifty pounds sterling to which payment well & truly to be made we bind us our heirs Exrs Administrators jointly & severally firmly by these presents.In Witness whereof we have hereunto sett our hands & seals this first day of February 1725-6.
THE CONDITION of the above obligation is such that whereas the said bound William Thomas is appointed Guardian to Benjamin Roberts Orphan of John Roberts Decd by these presents said William Thomas Guardian as aforesaid his heirs Exrs Administrators shall well and truly pay or Cause to be paid unto ye said Orphan when or as soon as ye said Orphan shall attain to Lawfull Age or when thereunto required by the Worshipfull Justices above mentioned their heirs or Succesors, as also Save & Keep harmless said Justices their heirs & Successors from all Trouble or Damage that shall or may ensue unto or about the Said Esstate or Esstates, then this obligation to be voyd and of no effect otherwise to stand remain & be in full forse power & Virtue.
Signed & Sealed & Delivered his
In the presence of us WilliamOThomas(SEAL)
John Waller mark
John Waller Jun Aug. Smith(SEAL)
At a Court held for Spotsylvania County on Ye February the first Anno Domini 1725-6
William Thomas and Augustine Smith came into Court & Acknowledged the above bond which was admitted to record.
Teste John WallerClk Cur
(Spotsylvania County, Virginia, Will Book A, pages 23-24, second pagination)
BOND OF GUARDIAN OF BENJAMIN ROBERTS
KNOW ALL MEN by these presents that we William Payton, Wiliam Russell & John Killgore are held and firmly bound unto the Worshipfull His Magtys Justice of the Peace for the County ofSpotsylvania and their Successors in the penall sum of two hundred pounds sterling to ye payment whereof well and truly to be made to the said Justices & Sucessors we bind ourselves and every of us our Admrs & every of our Heirs Exrs & Admrs firmly jointly and severally by these presents.Witness our hands & seals this 6th day of December 1726.
THE CONDITION of the above obligation is such that whereas the above bound William Payton is appointed Guardian to Benjamin Roberts Orphan of John Roberts Decd by these presents said William Payton Guardian as aforesaid his heirs .Exrs and Admrs shall well and truly pay or cause to be paid to the said Orphas when or as soon as the said Orphan shall attain to Lawfull Age or when thereunto required by His Majtys Worshipfull Justices afore mentioned their heirs or Successors as also save & keep harmlless ye said Justices their heris and Successors from all harm or damage that shall or may arise about the said Esstate or Esstates, then this Obligation to be voyd and of no effect otherwise to stand remain and be in full forse power and virtue --
Signed & Sealed & Delivered Wm Payton (SEAL)
In the presence of us W Russell (SEAL)
John Waller Jun his
JohnXKilgore(SEAL)
mark
At a Court held for Spotsylvania County On Tuesday the 6th day of December 1726
William Payton William Russell and John Killgore came into Court and Acknowledged their bond which was admitted to record.
Teste John WallerClk Curr
(Spotsylvania County, Virginia, Will Book A, page 44, second pagination).
He was Vestryman of St. Mark's Parish for forty years and served several Wardens.
From October 29 to November 1, 1748, he patented three tracts of land in the Great Forks of the Rappahannock River, Totalling 1588 acres (Northern Neck Grant G, 1747-51, pages 144-47).
He was probably the Benjamin Roberts who was one of the sixteen Justices of the Peace in Culpeper County who signed the protest of the Stamp Act, October 1, 1765.
His will, dated February 14, 1782, and probated March 18, 1782, follows:
In the name of God Amen I Benjamin Roberts of the County of Culpeper & St. Mark's Parish have thought proper to make my Will being in perfect Strength of Memory & well knowing that all men was born to die - I therefore give my Soul to Almighty God Beseaching him by & through the Merits of Jesus Christ my Dear Redeemer to pardon all my sins and offence against his divine Majesty, Likewise I give my Body to be Decently Buried in a Christian like manner, and as for my worldly Estate it hath pleased Almighty God to bestow on me I do give as followeth viz
ItemI give to my son Benjamin Roberts nine hundred & forty three acres of Land bought of Joseph James lying on Crooked Run to him and his heirs forever also I give to my son Benjamin Roberts the following negroes viz, Sam Tim Lun, Molley, Dolley & Adam or Twenty pounds Specie paid by next Christmas Day for the Benefit of the said Benjamin Roberts Heirs --
ItemI give to Grandson Philla Gathous Roberts the following negroes viz Lewis & Leanor also a young Bay Mare Colt.
ItemI give to my Grandson Boernerges Roberts the following negroes viz Richard & Lett.
ItemI give to my son Joseph Roberts all the rest of my Lands that I hold in St. Marks Parish and four hundred & Twelve acres lying in Brumfield Parish in the Great Mountains whereon my Quarters now is to him and his heirs forever, I also give to my son Joseph Roberts Sixteen negroes viz Sawney, Lett, Rose, Nell, Nan, Winney, Alec, Jacob, Jimmey, Sarah, Bett, Jack, Eve, Easter, George & Will to him & his Heirs forever, also I give to my son Joseph Roberts one Feather Bed & furniture, One Clock one Bofatt also Two Stills Smiths Tools and one foalding Table.
ItemI give to my Grandson Joseph Roberts, son of Benjamin Roberts one Sorrell horse by the name of Buck.
ItemI give unto my Grandson, Benjamin Field, son of Daniel Field one Bay Horse by the name of Frazier --
ItemI give unto my Grandson Benjamin Dulaney Three Hundred & fifteen acres of land whereon his mother now lives after decease likewise two negroes viz Luce & Eave and their increase to him & his Heirs forever, but in case he should die without an Heir my Desire is that the Land & Negroes be Equally Divided amongst the four youngest Children of my daughter Mary, also I give unto my Grandson Benjamin Dulaney One Black mare with a blaze face.
ItemI give unto my Daughter Jemima Kirtley Five Hundred pounds that is now lodged in the Loan Office of Virginia to her & her heirs forever.
I temI give unto my Grandson Joseph Roberts, one Thousand pounds that is lodged in the Loan Office of Virginia to him & his Heirs forever.
ItemI leave in the care of my Executors Sixty one acres of land, also eight negroes viz. Phillis, Winney, Maleed, Simon, Adam, Dinnis, Moses & Reuben for the support of my Daughter Jemima Kirtley & her children during her life and after her decease the above mentioned Land and Negroes & their Increase to be equally divided amongst my said daughter Jermima's Children.
ItemI give unto my son Benjamin Roberts & Daughter Hannah Field & Daughter Mary Dulaney and Daughter Anne Field all the Residue of my Estate Except what above mentioned to be sold & equally Divided between my son Benjamin & my three Daughters viz Hannah Field, Mary Dulaney & Anne Field and the proportion that falls to my Daughter Hannah Field to be equally Divided amongst her children Except her son William Field which is to receive no part.My Desire is what part of my Estate falls to my Daughter Hannah Fields Heirs be kept in the hands of my executors till the Children come of age or marries, or laid out to the best advantage as they may think proper.
ItemI give unto all my Grandsons Except my son Joseph Roberts Sons and William Field son of my Daughter Hannah Field all the Lands I have on the Western Waters, likewise I leave them Twenty six Thousand pounds paper Currency to be laid out in Land Warrants and located on the best terms my Executors can have done & Equally divided amongst the above mentioned Grandsons to them and their Heirs forever --
Lastly I do Constitute my Son in Law Daniel Field and my son Joseph Roberts my whole & sole Executors of this my last Will & Testament.
In Witness thereof - of - hereunto set my hand and Seal this fourteenth day of February One Thousand Seven Hundred and Eighty two.
In presence of
Thomas Slaughter Benja Roberts(L.S.)
Reuben Field
John Roberts
My son Benjamin Roberts my daughters Hannah Field, Mary Dulaney, and Anne Field, to them and their heirs forever except my daughter Hannah Field what proportion falls to her part my desire is that my executors take particular care that her heirs get it at a proper age that they may take care of it my desire is that the estate shall not fall into the hands of William Field.
At a Court held for Culpeper County the 18th day of March 1782.
This last Will and Testament of Benjamin Roberts Deceased was Exhibited to the Court by Daniel Field one of the Executors therein named, and was proved by the Oaths of Ruben Field & John Roberts two of the Witnesses thereto and Ordered to be recorded; And on the motion of the said Executors Certificate is granted to him for Obtaining a probate thereof in due form he having sworn to the same & given bond & Security according to Law; Liberty -- reserved for the other Executor to Join in the probate when he shall think fit.
Teste John JamesonCl. Cur.
(Culpeper County Will Book B, page 484)
Children: Benjamin, Jr. (264), Joseph (265) Jemima (266), Mary (267), Hannah (268) and Anne (269).
[4] BENJAMIN ROBERTS(John [1]).The youngest brother, born in Stafford County, Virginia, after 1705 (as he was still a minor on February 1, 1726); married Ann _____.When he died in Culpeper County, Virginia, in late February or early March 1782, his son, Benjamin, had preceded him the previous year.
Inherited from his father, "all that tract of land laying on both sides the mountain Run joyning on Roger Abbots and Fields containing four hundred acres more or less..."(Will Proved 3rd November 1724)
BOND OF GUARDIAN OF BENJAMIN ROBERTS
KNOW ALL MEN by these presents that we William Thomas & Augustine Smith are held and firmly bound unto the Worshipfull His Majtsy Justices of Spotsylvania County or their Successors in ye penall sum of fifty pounds sterling to which payment well & truly to be made we bind us our heirs Exrs Administrators jointly & severally firmly by these presents.In Witness whereof we have hereunto sett our hands & seals this first day of February 1725-6.
THE CONDITION of the above obligation is such that whereas the said bound William Thomas is appointed Guardian to Benjamin Roberts Orphan of John Roberts Decd by these presents said William Thomas Guardian as aforesaid his heirs Exrs Administrators shall well and truly pay or Cause to be paid unto ye said Orphan when or as soon as ye said Orphan shall attain to Lawfull Age or when thereunto required by the Worshipfull Justices above mentioned their heirs or Succesors, as also Save & Keep harmless said Justices their heirs & Successors from all Trouble or Damage that shall or may ensue unto or about the Said Esstate or Esstates, then this obligation to be voyd and of no effect otherwise to stand remain & be in full forse power & Virtue.
Signed & Sealed & Delivered his
In the presence of us WilliamOThomas(SEAL)
John Waller mark
John Waller Jun Aug. Smith(SEAL)
At a Court held for Spotsylvania County on Ye February the first Anno Domini 1725-6
William Thomas and Augustine Smith came into Court & Acknowledged the above bond which was admitted to record.
Teste John WallerClk Cur
(Spotsylvania County, Virginia, Will Book A, pages 23-24, second pagination)
BOND OF GUARDIAN OF BENJAMIN ROBERTS
KNOW ALL MEN by these presents that we William Payton, Wiliam Russell & John Killgore are held and firmly bound unto the Worshipfull His Magtys Justice of the Peace for the County ofSpotsylvania and their Successors in the penall sum of two hundred pounds sterling to ye payment whereof well and truly to be made to the said Justices & Sucessors we bind ourselves and every of us our Admrs & every of our Heirs Exrs & Admrs firmly jointly and severally by these presents.Witness our hands & seals this 6th day of December 1726.
THE CONDITION of the above obligation is such that whereas the above bound William Payton is appointed Guardian to Benjamin Roberts Orphan of John Roberts Decd by these presents said William Payton Guardian as aforesaid his heirs .Exrs and Admrs shall well and truly pay or cause to be paid to the said Orphas when or as soon as the said Orphan shall attain to Lawfull Age or when thereunto required by His Majtys Worshipfull Justices afore mentioned their heirs or Successors as also save & keep harmlless ye said Justices their heris and Successors from all harm or damage that shall or may arise about the said Esstate or Esstates, then this Obligation to be voyd and of no effect otherwise to stand remain and be in full forse power and virtue --
Signed & Sealed & Delivered Wm Payton (SEAL)
In the presence of us W Russell (SEAL)
John Waller Jun his
JohnXKilgore(SEAL)
mark
At a Court held for Spotsylvania County On Tuesday the 6th day of December 1726
William Payton William Russell and John Killgore came into Court and Acknowledged their bond which was admitted to record.
Teste John WallerClk Curr
(Spotsylvania County, Virginia, Will Book A, page 44, second pagination).
He was Vestryman of St. Mark's Parish for forty years and served several Wardens.
From October 29 to November 1, 1748, he patented three tracts of land in the Great Forks of the Rappahannock River, Totalling 1588 acres (Northern Neck Grant G, 1747-51, pages 144-47).
He was probably the Benjamin Roberts who was one of the sixteen Justices of the Peace in Culpeper County who signed the protest of the Stamp Act, October 1, 1765.
His will, dated February 14, 1782, and probated March 18, 1782, follows:
In the name of God Amen I Benjamin Roberts of the County of Culpeper & St. Mark's Parish have thought proper to make my Will being in perfect Strength of Memory & well knowing that all men was born to die - I therefore give my Soul to Almighty God Beseaching him by & through the Merits of Jesus Christ my Dear Redeemer to pardon all my sins and offence against his divine Majesty, Likewise I give my Body to be Decently Buried in a Christian like manner, and as for my worldly Estate it hath pleased Almighty God to bestow on me I do give as followeth viz
ItemI give to my son Benjamin Roberts nine hundred & forty three acres of Land bought of Joseph James lying on Crooked Run to him and his heirs forever also I give to my son Benjamin Roberts the following negroes viz, Sam Tim Lun, Molley, Dolley & Adam or Twenty pounds Specie paid by next Christmas Day for the Benefit of the said Benjamin Roberts Heirs --
ItemI give to Grandson Philla Gathous Roberts the following negroes viz Lewis & Leanor also a young Bay Mare Colt.
ItemI give to my Grandson Boernerges Roberts the following negroes viz Richard & Lett.
ItemI give to my son Joseph Roberts all the rest of my Lands that I hold in St. Marks Parish and four hundred & Twelve acres lying in Brumfield Parish in the Great Mountains whereon my Quarters now is to him and his heirs forever, I also give to my son Joseph Roberts Sixteen negroes viz Sawney, Lett, Rose, Nell, Nan, Winney, Alec, Jacob, Jimmey, Sarah, Bett, Jack, Eve, Easter, George & Will to him & his Heirs forever, also I give to my son Joseph Roberts one Feather Bed & furniture, One Clock one Bofatt also Two Stills Smiths Tools and one foalding Table.
ItemI give to my Grandson Joseph Roberts, son of Benjamin Roberts one Sorrell horse by the name of Buck.
ItemI give unto my Grandson, Benjamin Field, son of Daniel Field one Bay Horse by the name of Frazier --
ItemI give unto my Grandson Benjamin Dulaney Three Hundred & fifteen acres of land whereon his mother now lives after decease likewise two negroes viz Luce & Eave and their increase to him & his Heirs forever, but in case he should die without an Heir my Desire is that the Land & Negroes be Equally Divided amongst the four youngest Children of my daughter Mary, also I give unto my Grandson Benjamin Dulaney One Black mare with a blaze face.
ItemI give unto my Daughter Jemima Kirtley Five Hundred pounds that is now lodged in the Loan Office of Virginia to her & her heirs forever.
I temI give unto my Grandson Joseph Roberts, one Thousand pounds that is lodged in the Loan Office of Virginia to him & his Heirs forever.
ItemI leave in the care of my Executors Sixty one acres of land, also eight negroes viz. Phillis, Winney, Maleed, Simon, Adam, Dinnis, Moses & Reuben for the support of my Daughter Jemima Kirtley & her children during her life and after her decease the above mentioned Land and Negroes & their Increase to be equally divided amongst my said daughter Jermima's Children.
ItemI give unto my son Benjamin Roberts & Daughter Hannah Field & Daughter Mary Dulaney and Daughter Anne Field all the Residue of my Estate Except what above mentioned to be sold & equally Divided between my son Benjamin & my three Daughters viz Hannah Field, Mary Dulaney & Anne Field and the proportion that falls to my Daughter Hannah Field to be equally Divided amongst her children Except her son William Field which is to receive no part.My Desire is what part of my Estate falls to my Daughter Hannah Fields Heirs be kept in the hands of my executors till the Children come of age or marries, or laid out to the best advantage as they may think proper.
ItemI give unto all my Grandsons Except my son Joseph Roberts Sons and William Field son of my Daughter Hannah Field all the Lands I have on the Western Waters, likewise I leave them Twenty six Thousand pounds paper Currency to be laid out in Land Warrants and located on the best terms my Executors can have done & Equally divided amongst the above mentioned Grandsons to them and their Heirs forever --
Lastly I do Constitute my Son in Law Daniel Field and my son Joseph Roberts my whole & sole Executors of this my last Will & Testament.
In Witness thereof - of - hereunto set my hand and Seal this fourteenth day of February One Thousand Seven Hundred and Eighty two.
In presence of
Thomas Slaughter Benja Roberts(L.S.)
Reuben Field
John Roberts
My son Benjamin Roberts my daughters Hannah Field, Mary Dulaney, and Anne Field, to them and their heirs forever except my daughter Hannah Field what proportion falls to her part my desire is that my executors take particular care that her heirs get it at a proper age that they may take care of it my desire is that the estate shall not fall into the hands of William Field.
At a Court held for Culpeper County the 18th day of March 1782.
This last Will and Testament of Benjamin Roberts Deceased was Exhibited to the Court by Daniel Field one of the Executors therein named, and was proved by the Oaths of Ruben Field & John Roberts two of the Witnesses thereto and Ordered to be recorded; And on the motion of the said Executors Certificate is granted to him for Obtaining a probate thereof in due form he having sworn to the same & given bond & Security according to Law; Liberty -- reserved for the other Executor to Join in the probate when he shall think fit.
Teste John JamesonCl. Cur.
(Culpeper County Will Book B, page 484)
Children: Benjamin, Jr. (264), Joseph (265) Jemima (266), Mary (267), Hannah (268) and Anne (269).
[5]MARGARET ROBERTS(John [1]), Born in Stafford County, Virginia, probably prior to 1703; married Captain "Sir" Francis Kirtley, ca 1722; died in Culpeper County, Virginia in 1781.Her will was dated February 26, 1777, and probated in Culpeper County, in 1781.
Francis Kirtley was probably born in Scotland between 1690-95.He took the oath as an officer in Captain Robert Slaughter's Company of Spotsylvania Militia, September 2, 1729, and in 1756, as a Captain of Culpeper Militia, marched to Winchester in service against the Indians.He was one of the first Vestrymen of St. Mark's Parish, Culpeper County.He died in Culpeper County in 1763, his will being dated November 22, 1762, and probated March 1, 1763.
DEED FROM JOHN ROBERTS TO FRANCIS KIRTLEY
On May 12, 1722, while a resident of St. George's Parish, Spotsylvania County, John Roberts sold the patent on the Mountain Run to his son-in-law, Francis Kirtley, as witness the following:
This indenture made ye fourteenth day of may in the year of our Lord God one thousand Seven Hundred and twenty two, between John Roberts of St. George's Parish in Spotsylvania County and Francis Kerley of the same parrish and County for and in consideration of the sum of fifty pounds of good and lawful money of England in hand paid to me the Said John Roberts before ye Sealing Signing and delivering of these presents but more Especially for the patureall love and affection I bear to my Son in law ye Sd Francis Kerley I ye Sd. John Roberts do hereby give grant bargain Sell set over from me my heirs Executors Admrs and Assignes for ever all that tract or parcel of Land lying on ye Mountain run containing one hundred Acres by patent dated the twelfth day of July one thousand seven hundred and eighteen unto ye Said Frances Kerley his heirs Exrs Administrators & Assignes for ever to hie or their proper use and behooffe for ever and I the Said John Roberts my heirs Exrs and Admrs and Assignes doe warrant and will defend the Sd one hundred acres of land from all manner of persons whatsoever claiming by from or under him unto the Said Francis Kerley his heirs Executors or Administrators or Assignes for ever and the said Roberts his heirs Executors or Administrators Shall at the reasonable request of the said Francis Kerley Execute and acknowledge the Said deed of guift to the Said Francis in Court as witness my hand and
Seal ye day and year above written.
Signed Sealed & Delivered his
in presence of us JohnXRoberts
Augst Smith mark
Daniel Huff
Abel Mayland
At a Court held for Spotsylvania County Septembr ye 4th 1722 John Roberts presented and Acknowledged this his deed of gift unto Francis Kerly, which was at ye request of ye said Kerly admitted to record
(Spotsylvania County Deed Book A, page 3)
Was named co-executor of John Roberts' estate along with his brother-in-law John Roberts II.Will Proved 3rd November 1724.
Know all men by these presents that we Francis Kirkley, Goodrich Lightfoot and Robert Green are held and firmly bound unto the worshipfull his Majesties Justices of the peace for the County of Spotsylvania and in the penal sum of five hundred pounds sterling to be payment whereof well and truly to be made to the said Justices wee bind ourselves and every of us and every of our heirs Exec. and adminis Joyntly and severally firmly by these presents --
Witness our hand and seals this 3rd day of Nov 1724.
The Conditions of the above obligation is such that if the above bound Francis Kirkley Exec. of the Last Will and Testament of John Roberts Dec'd. Doth make or cause to be made a true and perfect Inventory a full and singular the goods and Chattals of the said Dec'd. which have or shall come to the hands, possession or knowledge of the said Francis Kirkley or unto the hands or prssession of any other person or persons for Francis Kirkley the same so made do Exhibit unto the County Court of Spotsylvania at such times as Francis Kirtley shall be there unto required by the said court and the same goods and Chattaells and credits and all other the goods Chattells and Credits of the Dec'd. at the time of ths death, which at any time after shall come to the hands or possession of any person or persons for Francis Kirtley, Do well and Truly Adminis. according to Law, and further Do make a just and True account ofFraancis Kirtley acting and doing therein when thereunto required by the said Court, and also do well and Truly pay and Deliver all the Legacies Contained and specified in the said Testaament, as Farr as the goods, Chattells and Creditts will thereunto extend, according to value there of, the law will Charge then this obligation to be voyd and of no effect, other wise to stand remain and be in full force, powers and virtue.
his
FrancisXKirtley
mark
G. Lightfoot
Robert Green
Signed Sealed and delivered in the presence of us.
John Quarles
At a Court held for Spotsylvania County on Tuesday 3d. day of Nov. Anno Dom 1724. Francis Kirtley, Goodrich Lightfoot and Robert Green came and aacknowledged the above bond in open Court and is admitted to record.
Copy Teste John WallerClk. Court
On July 6, 1730, Francis Kirtley and John Roberts [2], his brother-in-law, leased out the land John Roberts [1] had given to Kirtley in 1722.
This Indenture made the Sixth day of July Anno Dom one thousand Seven hundred & thirty in the Third year of the Reigh of our soveraign Lord George the Second by the grace of God of Great Britain France & Ireland King Defender of the Faith &c.Between John Roberts Son & heir of John Roberts Late of Spotsylvania County Deceased & Francis Kirtley of the County of Spotsylvania & Parish of St. George of the one part & Robert Oxford of the aforesd. County and parish of the other part Witnesseth that the aforesd. John Roberts & Francis Kirtley for & in Consideration of the aforesd Sum of five Shillings Current Money of Virginia to them in hand paid by the said Roger Oxford whereof they do hereby acknowledge the receipt have bargained and Sold & Doe by these presents bargain and Sell Unto Roger Oxford his heirs and assigns a Certain parcell or tract of Land Containing one hundred Acres Lying and being in the County of Spotsylvania & Parish of St. George & in the great fork of Rappahannock River Beginning at a white oak & red oak on the North Side of Mountain Run on the run side Thence North thirty degrees West one hundred & forty pole to two red Oaks Thence North sixty degrees East one hundred & twenty pole to a red oak & hiccory by the Run Side the mouth of a Small branch Thence up the run the Several Courses to the beginning place the said Plantation Messuage Tenement or tract of Land being formerly granted to the aforesd. John Roberts Deceased by patent Bearing Date the twelf Day of July one thousand Seven hundred & Eighteen & Conveyed by the said John Roberts now Deceased to the sd. Fraancis Kirtley by deed of gift acknowledged in Spotsylvania County Court the fourth Day of September one thousand Seven hundred & Twenty two and for the Better & more perfect Strengthing & Coroborating the aforesd. Deed of Gift or Sale aforesd. the said John Roberts Son and heir of John Roberts Deceased & Francis Kirtley Doe give & Grant & Confirm unto the Sd. Roger Oxford his heirs & assigns all that plantation Messuage or tract of Land permiss Together with all Woods & underwoods houseings fenceings Orchards Gardens Hereditaments Easements proffits ways & appurtenances whatsoever belonging or in any wise appertaining to the Said one hundred Acres of Lands aforesaid and Every part & Parceel thereof belonging or in any wise appurtaining as also the Reversion & reversions Remainder or Remainders thereof TO HAVE AND TO HOLD the said one hundred Acres of Land Aforesd. with all and singular the Members Jurisdictions & appurtenances Whatsoever as is Exprest unto the Sd. Roger Oxford his heirs and assigns from the Day Next before the Date hereof unto the full and term of one whole year from thence Next Ensuring to the Intent that by Vertue thereof & the Statute for Transfering of uses unto possession the Sd. Roger Oxford May be in actual possession of the Sd. Land Tenements hereditaments & other the premisses & appurtenances thereunto belonging & be Enabled to take and accept a grant and release of the Same premisses to him his heirs & assigns forever IN WHITNESS whereof the said John Roberts & Francis Kirtley have sett their hands & Seals the Day & year first above written.
Signed Sealed & Delivered his
in presence of us JohnXRoberts
W. Russell mark
Robert Green his
Samuel Ball FrancisXKirtley
mark
At a Court held for Spotsylvania County on Tuesday July ye Seventh Anno Dom 1730 --
John Roberts and Francis Kirtley acknowledged this their Deed of Lease for Land unto Roger Oxford at whose motion the Same was admitted to Record.
Teste John WallerClk Court
(Spotsylvania Deed Book B, pages 54-5)
Elizabeth (Russell) Roberts and Margaret (Roberts) Kirtley acknowledged their right of dower, etc.
(Some have felt that because the foregoing lease included John Roberts (John II), that he had somehow acquired an interest in the property.My opinion is that because the land was granted to Francis Kirtley shortly before John I's death, that there must have been someone contesting Francis' right of ownership, and he therefore, felt the need to have John II corroborate his right to lease out the land, as is so stated in the latter part of the document.)
St. Mark's Parish Vestry Book 1730-1785.Rosalie Edith Davis.
St. Mark's Parish originatedJanuary 1, 1730 when St. George Parish in Spotsylvania County was divided January 1, 1734/5, Spotsylvania was divided into Orange County and St. Mark's was in Orange.January 11, 1740, St. Mark's was divided again into St. Thomas and Orange County into Frederick and Augusta Counties.Orange County was then divided into Culpeper County in 1748.St. Mark's Parish divided in 1752 to Bromfield Parish.Early names in St. Mark's:Goodrich Lightfoot, Benjamin Cave, Francis Kirtley, William Payton and John Catlett.
WILL OF FRANCIS KIRTLEY
(Culpeper Will Book A, pages 313-15, dated 22 November 1762)
To my dearly beloved wife Margret Kirtley one Negro girl named Luck.I also lend my dearly beloved wife during her life one Negro fellow named Shaddock and one Negro wench named Doll, one feather bed and furniture, her choice, one chest, two pots, two dishes, half a dozen plates, two basons, one paid and piggin, two cows and calves her choice, half a dozen sheep, one mare known by the name of Pleasure and side saddle, half a dozen chairs, and the rents of the lands and plantation whereon John Mocarlie [Mocardie?] and John Forester now lives during her life and after her decease the land whereon John Forrister now lives to fall to my son William Kirtley and the land whereon John Forrister now lives to fall to my son James Kirtley.The remainder to be sold to the highest bidder and the money to be equally divided among my children vitz. William Kirtley, Thomas Kirtley, Francis Kirtley and James Kirtley, Sarah Cowherd and Mary Collins.
To my son William Kirtley the lott of land whereon John Marcarlie now lives lying below Farrows Run.
To my son Thomas Kirtley one hundred and eighty acres of land joing the corner of John Delany and Joseph Basson, fromthence to the mouth of Garth's Run, lying on the south side of Stanton River joining Stanton's line [?] and one bed and furniture his choice after my wife's choice.
To my son Francis Kirtley one tract of land lying on the Blue Ridge in the head of the South River in Orange County, likewise twelve entries of land in Augusta County.
Unto my son James Kirtley all the reversion of the tract of land whereon I live together with two hundred acres of land that I bought of George Hume, one Negro boy named George and one Negro girl named Winny.
To my daughter Mary Collins three hundred and ten acres of land lying on the branches ofConway joining Conway's line.
Johnathan Cowherd shall keep the plantation whereon he now lives and quietly possess the same till the year one thousand seven hundred and sixty eight for the rent of his plantation at Swift Run Gap which rent is to be paid to James Kirtley.
All the remainder of my estate, lands, Negroes, goods and chattels to
be sold to the highest bidder and the money thereby arising to discharge all my just debts and the reminder to be equally divided amongst my dear wife and children.
I constitued and appoint my beloved wife Margaret Kirtley, William Kirtley, Thomas Kirtley, Francis Kirtley and James Kirtley executors.
Wit: FrancisXKirtley
John Hume
Jonathan Cowherd
Richard Griffin
Benja. James
James Ccowherd
17 March 1763.Exhibited to the Court by Wiliam Kirtley, Thomas Kirtley and Francis Kirtley.Proved by the oaths of Richard Griffin, John Hume, Benjamin James and James Cowherd.
Children:William, Thomas, Francis, James, Sarah and Mary.
William Kirtley married Sarah Early born 1732.William's will probated Madison County, VA 1795.
Thomas Kirtley married 1st Judith Calloway; 2nd Dorothy Jones; Will probated 1798 Madison County, Virginia.Kirtley Children:Elizabeth Henry.
Elizabeth Henry Kirtley married Jonathan Cowherd, Jr., son of Jonathan and Sarah Frances (Kirtley) Cowherd, his first cousin.
Francis Kirtley married Elizabeth Powell.
James Kirtley married Jemima, daughter of Benjamin and Anne Roberts of Culpeper County, Virginia, his first cousin.See under Jemima Roberts [265].
Sarah Frances Kirtley, born May 4, 1733, Culpeper County, Virginia.
[6]MARY ROBERTS(John [11]).Born in Stafford County, Virginia, probably before 1703; married William Peyton (also spelled Paten and Payton).William Peyton died in 1771.
William and Mary Payton received from her father, John Roberts, probably by deed of gift although the original deed is now lost, the 100 acres on Potomac Creek which he purchased from John Trammell in 1705, which land William Peyton and Mary his wife sold on July 13, 1726, as witness the following indenture:
THIS INDENTURE made the thirteenth day of July in the year of our Lord God one thousand seven hundred & twenty six between William Payton and Mary his wife of Spotsylvania County of the one part and Thomas Botts of the County of Stafford on the other part.Witnesseth that the said William Payton and Mary his wife for divers good Causes them thereunto moving but more espessially for and in Consideration of the sum of one thousand pounds of tobacco and two thousand ten penny nails to us in hand paid by the said Thos by the receipt of which wee do hereby own and acknowledge ourselves to be fully Contented and paid hath given granted bargained sold enfeoffed and Confirmed and by these presents doth give grant bargain sell Enfeofe and Confirm unto his the said Thomas Botts his heirs & assigns one hundred acres of Land scituate lying & being in the County aforesaid on the south side of Potomack Runn the said land being part of a greater tract formerly granted to Francis Waddington or the said County dec'd and Conveyed by the said Francis Waddingtons son by deed to John Trammell Conveyed to John Roberts & by John Roberts Conveyed by deed to William Payton & Mary his wife as a deed on the records of Stafford County will appear the said one hundred acres of Land beginning (vitz.) at a red oak Corner tree of a parcell of Land formerly sold by John Trammell to Lewiss Griffis standing in the westward bound line of the said great tract and extending thence North two hundred Eighty Eight pole to a marked white oak Corner tree of this Land thence East Sixty poles to another marked white oak then South two hundred & seventy poles to a marked red oak Corner tree of this Land standing in a Line of the Land of the above said Griffis thence South sixty eight degrees west to he first beginning red oak with all its rights members and appurtenances with all houses outhouses orchards gardens fences woods underwoods way water watercourses with all other privledges and Emolluments to the same belonging or in any wise appertaining To have and to hold the said one hundred acres of land and premises hereby granted bargained and sold with their and every of their rights members and appurtenances unto the said Thomas Botts his heirs and assigns forever and the said William Payton and Mary his wife doth for themselves their heirs Executors and Adm. Covenant to and with the said Thomas Botts his heirs and assigns and every of them the said Land hereby bargained and sold as aforesaid forever to warrant with all the rights members and appurtenances as above said to him the said Thomas Botts his heirs and assigns for ever against us the said William Payton & Mary his wife our heirs Executors admrs & assigns or any other person or persons Claiming or to Claim from by or under us or either of us so that the premisses hereby granted and sold unto the said Thomas Botts his heirs & assigns may by force & virtue of these presents from time to time for ever hereafter have hold occupy enjoy and posses the said Land and Premisses with all Issues and proffits thereunto belonging without the least lett hindrance or molestation of us the said William Payton and Mary his wife our heirs Exrs Admrs or Assigns In witness whereof wee have hereunto sett our hands and sealls the day and year above written.
Signed Seald & Dld
in presence of us William Payton(Seal)
Henry Field
his Mary Payton(Seal)
John B. Bell
mark
At a court continued & held for Stafford County the 13th Day of July 1726.
William Peyton and Mary his wife acknowledge this their deed for Land to the within mentioned Thomas Botts and the said Mary being first privately examined relinquish'd her rights to the said Land & they are admitted to Record.
Teste Catesby CookeCl Cur
Mdm that Livery and seizin was given to Thomas Botts by William Payton & Mary his wife on the said Land above mentioned this 14th day of July 1726 in presence of us.
Henry Field
his
John B. Bell
mark
Acknowledged in Stafford Court the fourteenth day of July by William Payton and Mary his wife.
Teste Catesby CookeCl Cur
William Peyton was the first Clerk of the St. Mark's Parish, Culpeper County.He died in the late summer or early fall of 1771, his will being dated July 7th, and probated October 21st of that year.
Children:William Jr., John, Charles, Benjamin, Ann (married _____ Stone), Mary (married _____ Smith), Judith (married _____ Allen), and Susannah.
THIRD GENERATION
Children:John (11), Tabitha (12), Mary (13), Mildred (14), Lucy (15), William (16).
[9] FRANCIS ROBERTS(John II [2], John).Born in Orange County, Virginia, after 1741.
Except in the aforementioned deed of gift from his father to his brother, Benjamin, his name occurs only once in the Culpeper County deeds when he mortgaged his household furniture, his negro slave Sarah, two cows and calves, a bay mare and ten hoggs to James Robinson, merchant of Falmouth, agent of William Cunninghame and Company of Glasglow, Scotland, for fifty three pounds, eight shillings and eight pence, May 22, 1774 (Culpeper Deed Book G, pages 328-30).He may have been the Francis Roberts who later lived in Nelson County, KY.
Nelson County, Kentucky Marriages
Molly Roberts d/o Francis Roberts married George Duncan, September 13, 1796.Surety James Allan.Consent filed with bond.Witness: James Allan.
Jane Roberts d/o Francis Roberts married Rawleigh Duncan Aug 17, 1796.Surety James Allen.Consent filed with bond.
William Duncan died 1788 Culpeper County, Virginia.His son, Charles Duncan's will was filed in Daviess County, Kentucky 1820.Charles had a son Raleigh who died before him and married Jane Roberts in Nelson County, Kentucky 1786.Children of Raleigh and Jane (Roberts) Duncan:James, Rawleigh, Rice, John, Joseph, Anne.
Henry County, Kentucky Marriage Records
Nancy Roberts to Jacob Clem, Bond 12 Mar 1808 by Harry Roberts; d/o Francis.
[10] BENJAMIN ROBERTS(John II [2], John).Born in Orange County, Virginia, after 1741; married Anne, daughter of William Duncan of Culpeper County; died, probably in Henry County, KY, after 1810 and before 1820.
Circumstantial evidence almost certainly indicates that he was the Benjamin Roberts, Sr. who served as Sergeant in Captain Mark Thomas' Company in General George Rogers Clark's Illinois Regiment, from November 13, 1779 to November 3, 1781, and in Captain Charles Polk's Company, from October 19, 1782 to November 25 of the same year, during the Revolutionary War (Illinois Papers, Documents 16 and 93, Virginia State Library).He was entered on the muster roll as "Sgt. Benjamin Roberts, Sen.", 23 November 1779 when Culpeper resident Capt. Mark Thomas, formed a company of Virginia State Troops.Three days later, he and his wife sold their land in Culpeper County.
His company was ordered to the western frontier to reinforce Col. George Rogers Clark at the Falls of the Ohio (now Louisville) and it appears many of the men's families accompanied them.Both Capt. and Sgt. Benjamin Roberts completed their two year enlistments and were discharged in the latter part of December 1871.However, Sgt. Roberts took part in an expedition against the Indian allies of the British the following year 19 October to 25 November 1782 in Capt. Charles Polk's Company of the Illinois Regiment.
The only documents attesting the Revolutionary War service located in proof of service ofSgt. Benjamin Roberts are the 1779 muster roll of Capt. Mark Thomas' Company and the 1782 payroll of Capt. Charles Polk's Company in the Virginia State Library, and the 1781 payroll of the Illinois Regiment in the National Archives.
Sgt. Benjamin Roberts, Sen., filed on a single Kentucky grant of 1000 acres in Jefferson County, 22 May 1780.His wife, Anne, died in 1780 or early 1781.When her father, William Duncan, made his will in Culpeper County 24 February 1781, he left a share to the children of his daughter, Anne Roberts.The will was proved 15 October 1781.Following his discharge from the army in 1781 and additional service in 1782, Sgt. Roberts may have remained on his land grant as he next appears in Nelson County which was formed from Jefferson in 1785.On 28 February 1786 at Bardstown, he recorded a power of attorney authorizing Joseph Calvitt to receive any "legacies or sums of money" left the Roberts children, BETSEY, WILLIAM, JAMES, GEORGE, NANCY, BENJAMIN and HENRY by their grandfather, William Duncan.Henry County was formed from Shelby in 1799 and on 22 March 1802 at New Castle, Benjamin Roberts recorded a deed of gift dividing his property between his children George, Nancy, Benjamin and Henry.
The last record found of Sgt. Benjamin Roberts, Senior, is the 1810 census of Henry County, Kentucky.He appears on page 352 followed by "Benjamin Roberts, Jr."There is no record that Sgt. Benjamin Roberts or any descendant has ever attempted to file for a pension or bounty land on his service.
Culpeper County, Virginia Deed Books A, pages 413-15; E, pages 222-23
Orange County, Virginia Will Book I, pages 172
In 1752, his father John II, purchased 400 acres in the little fork of the Rappahannock and on Battle Run from Benjamin's brother, William.John II deeded this land to Benjamin March 20, 1767 "for and in consideration of the natural love Good Will and Affection which I have and do bear toward my loving son."
Culpeper County, Virginia Deed Book K, pages 37-39
He was a resident of Culpeper County until 1779, where, on November 16th of that year, he and his brother William sold land on Hazel River to William Ward.
Nelson County, Kentucky Deed Book 1, pages 21-22
He settled in Nelson County, KY about 1780, where, on February 22, 1786, he made the following power of attorney:
At a Court held for Nelson County on Tuesday 28th of February, 1786, the following power of Attorney from Benjamin Roberts to Joseph Calvitt was Acknowledged and ordered to be recorded.
Know all men by these presents that I Benjamin Roberts of Nelson County and District of Kentucky do Constitute and Appoint Joseph Calvitt my attorney in fact and do impower him for me and in my stead to recover and receive any legacies or Sums of Mony that is left or bequeathed to any of my Children towit BETSEY Roberts, WILLIAM Roberts, JAMES Roberts, GEORGE Roberts, by William Duncan their Grandfather or by his last Will and Testament.I further authorize the said Joseph Calvit to give bond with such security as may be deemed necessary to refund any part of the said Legacies that may be just and Lawfull provided the estate of the decedent should not be otherwise sufficient to discharge all just debts and any other security Requested by Law and I do hereby ratify and confirm all acts and deeds that may be done by the said Calvitt in pursuance of this Authority.Witness my hand and seal this 28th day of February one thousand Seven hundred and Eighty Six.
Teste Benjamin Roberts(Seal)
Culpeper County, Virginia Will Book B, page 450
William Duncan in his will, dated February 24, 1781, after specific bequests, divided the rest of this estate among his sons and "my daughter Anne Roberts, but my will and desire is that the divided or part intended or allotted for my daughter Anne Roberts to be equally divided amongst all my said daughter Anne's Children both sons and daughters".
Henry County, Kentucky Deed Book 1, pages 172-80
Benjamin moved to Henry County, KY from Nelson County before March 22, 1802, on which date as a resident of Henry County, he made the following deed of gift to four of his children:
This indenture made this 22nd day of March 1802 between Benjamin Roberts of County of Henry of one part and Gerge, Nancy, Benjamin and Henry Roberts, sons and daughter of said Benjamin of the other part.Witnesseth:that the said Benjamin for and in consideration of the natural love and affection which he hath and beareth unto the said George, Nancy, Benjamin and Henry, his children and also for and in consideration of the sum of five shillings by them to him paid the said Benjamin the father, in hand paid receipt whereof is hereby acknowledged.He, the said Benjamin father, hath granted given granted and conveyed and by these presents give grant and convey unto the said George, Nancy, Benjamin and Henry Roberts and their heirs and assigns forever the following land and property - towit - Give five hundred acres lying in Montgomery on Rose Run near the Iron Works - 222 acres on Pitmans Creek and undiveided 3rd part 666 acres and 208 acres whereon I now reside.Also the following personal property - towit - One horse and One mare, 2 beds, 2 pots, 2 kittles, 2 bacons and all the rest of my furniture and plantation tools be the same of what kind soever to them and theri their and assigns forever in the following proportions - towit - the tract of 208 acres I grant and convey to the said Benjamin, Nancy and Henry to be equally divided between them.One bed to Henry, and the whole residue of Estate hereby conveyed and granted, I bequeath and convey to my son George his heirs - to the only proper use benefit and behalf of my said children in the manner and proportion aforesaid free and clear from all other gifts grants claimes titles suits Executors trouble and incumbrances whatever done or permitted to be done made or executed by me or any other person or persons.In Testimony of this Deed of Gift and conveyance I have hereto set my hand and seal the day and year first written.
Benjamin Roberts
Henry County, Kentucky Deed Book 2, page 422
The receipt for the foregoing deed of gift was not entered until June 2, 1806, and is thus recorded:
We whose names are hereto subscribed being sons & daughters of Benjamin Roberts who has signed the above indenture have this day received the property mentioned I the same together with all the hogs and sheep of the said Benjamin this 2nd of June 1806.
The above receipt was proven before me in my office by the oaths of Ephriam Miller and Francis Schiller to be the act & deed of George Roberts, Nancy Clem, Benjamin Roberts & Henry Roberts and was admitted to the record.
Teste R. C. ThomasCC
His name appears in the Henry County Federal Census of 1810, but not in the census of 1820.It is probable that he died between these two dates.
Children:Betsey (17), William (18), James (19), George (20), Nancy (21), Benjamin (22), and Henry (23).(A number of people show Benjamin as having a son named John; however, there is no evidence in the available documents to support that.)
(Information below from post on Internet indicate there was a son John and who he was.)
The will of John Roberts of Adams Co., Miss. Territory in 1802 mentions wife, Mary; grandfather John Roberts; grandfather, William Duncan; uncle, William Roberts of Culpepper Co, VA. Perhaps this will help you. I am researching Roberts early in Mississippi. My husband's ancestor, Polly Roberts married 1805 in Jefferson Co., Miss. Terr. to Martin Nevels. To date, have found no connection to those in Culpepper County, VA. Still searching for Polly's place of birth in 1789 and her parentage.
[email protected]
This John Roberts who died in Adams Co., MS in 1802 is interesting. He is the son of Benjamin Roberts and Ann Duncan who moved from Culpeper Co., VA to Jefferson, Nelson and later Henry Cos., KY. According to a 1786 poa in nelson Co., KY Benjamin and Ann's children were Betsy, William, James, John, George, Nancy, Benjamin and Henry. These seem to be in chronological order judging from other records. I am descended from James Roberts. If anybody else is related to this family, please drop me an e-mail at [email protected]. And be sure to visit my website below and submit your families!
Patrick Hays
http://www.migrations.orghttp://www.migrations.org
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Re: Boanages Roberts - as promised long ago. From Patrick Hayes
Patrick Hays 3/13/03