Frances Newman, daughter of Thomas Newman
Revised 10/14/2021
William Boogher had very little to say about Frances Newman. He writes, “He {Thomas the immigrant, 1st gen} probably had daughters: the wives of Avery Naylor, John McMelion (McMillan?), and Frances, wife of John Wilson, may have been among them.” That’s it. The records of Richmond County show that Avery Naylor had married a woman named Patience, but there is not any clear proof that she was a Newman.
Frances {Newman} was married first to John Mackmillion, second John Wilson, and third George Hopkins.
Preston Newman also listed among the children of Thomas Newman the immigrant 1st gen a daughter named Frances. Preston provided a great deal more information about Frances and her son in law Avery Dye. Preston writes, “ Avery Dye died in Richmond County, VA in 1757 in Lunenberg Parish, leaving a will in which he named his wife Catherine as the co-executor of his estate, along with his son-in-law Thomas Newman (4th generation, and the cousin off his wife).”
The transcribed will of Avery Dye reads, “I leave my loving Catherine Dye and my son Avery Dye and Thomas Newman Executrix and Executors of this my Last Will and Testament.” There was not any mention of a daughter in the 1757 will of Avery Dye, so Catherine the executrix was most likely his wife. And regrettably, Thomas Newman was not described as a son-in-law. It may be true but no proof has been found to substantiate this claim.
On the same page of Preston Newman’s book he continues, found in the Last Will of John Wilson a legacy was provided to “Major James Moseley.” The Richmond County record reads instead, “Major Edward Moseley …”
Once again be careful when interpreting narrative unsupported by an accurate transcription – be especially careful when following my narrative and transcriptions. Any errors detected would be gratefully accepted for correction.
My proposed changes
Frances Newman was the oldest known daughter of Thomas Newman, 2nd gen,. Frances was born around 1678. Frances married at around age sixteen or seventeen to the new immigrant John Mackmillion. They had two children, Catherine and Charity, both of whom likely married at a young age. Daughter Charity married William Bayly soon after 1710 while daughter Catherine married Avery Dye, son of Arthur Dye sometime later..
The second husband of Frances Newman Mackmillion was John Wilson. John Wilson was the son of Elias Wilson, Sr. John Wilson was also the brother to Bridget Wilson who married Thomas Newman, 3rd gen. Frances Mackmillion and Thomas Newman, 3rd gen were also brother and sister. John Wilson in his Last Will written in 1707 does not mention the daughters of Frances his wife. He does give to Thomas Newman two years of Schooling. This would be a young Thomas Newman. This Thomas could not be the Thomas who died in 1700 nor his son who was old enough to be an administrator of his fathers estate. More likely he was the grandson of the Thomas who died in 1700.
The third husband of Frances Newman was George Hopkins, a neighbor. George, born around 1668, had been married once before to Ann Baptist the widow of John Baptist. The two daughters of Ann and John Baptist died in infancy thus leaving Ann and John Baptist without heirs. Both John Wilson and George Hopkins were about ten years older than Frances.
George Hopkins then married the relict Ann and upon her death legally acquired the land formerly owned by John Baptist. George then married Francis Newman Mackmillion Wilson. Upon the death of George Hopkins, Frances acquired this land and bequeathed it to her son in law Avery Dye. Avery mentions this land in his Last Will and Testament. The legal ownership of this land was disputed in court for many years thereafter.
Placing Frances in the third generation is without proof but it fits better than any alternative I can create. Why do I put her there? The document of 1687 wherein Frances and Elizabeth are given a gift of livestock by John Woods is complicated by the introduction of Elizabeth. Later in 1700 a recently deceased Thomas Newman {my 2nd gen} was shown to have a daughter Elizabeth , and John Mackmillion was appointed administrator of his estate. John was married to Frances at that time.
So the choice here is to introduce a third generation Thomas Newman who would marry Bridget Wilson or to introduce an Elizabeth as the daughter of Thomas Newman the immigrant. Another option is to propose without any proof that Thomas Newman the immigrant had children by more than one wife over a period from 1656 or earlier to around 1687. Equally possible! I choose to place Frances and her sister Elizabeth as daughters of a Thomas Newman 2nd gen. and welcome challenging arguments.
A short story of Frances written another way
Frances Newman Mackmillion Wilson Hopkins died in 1747 at around the age of 69. She spent her entire life living within a few miles of her birth place near the mouth of Rappahannock Creek. The following story line for Frances is presented without completed proof. Frances was born around 1678 to Thomas Newman 2nd gen, the son of Thomas the immigrant. Her mother has not been identified. Thomas 2nd gen at one time lived on the property of William Moss. Their neighbors included the following families; Hopkins, Ford, Wilson, Moss, Craske, Dye, Bruce, Bayly, Skelderman and Burdett.
As stated the father of Frances was the second generation Thomas Newman. He had at least two sisters. One whose name is unknown to us had married Andrew Morton of Northumberland County. The other sister was named Patience who adopted the child of her deceased sister. Patience married John Ford who operated a ferry boat on Rappahannock Creek.
Patience and Frances lived within a couple of miles of each other. The adopted daughter of Patience and John Ford was named Mary Morton and she married Henry Bruce. At the time of the death of Frances she lived next to land owned by descendants of Henry Bruce – a member of her extended family..
Frances had at least four siblings. Her oldest brother Thomas Newman 3rd gen was the next child. He was followed by a sister Elizabeth and two brothers John and George.
Around her age of 16 or 17 Frances was “introduced” to John {Jack} Mackmillion. He likely had just entered that close knit community and was smitten by this young lady. They had a quick courtship and their first child Charity was born. Soon thereafter their second child Katherine was born. As years went by the widow Frances married her second husband John Wilson. John was the son of their neighbor Elias Wilson the immigrant. Earlier the brother of Frances, Thomas Newman 3rd gen had married Bridget a daughter of Elias.
John Wilson and Frances were only married a couple of years. In his Last Will John bequeathed a legacy for schooling for a Thomas Newman. This Thomas was John’s nephew Thomas Newman 4th gen the young son of Thomas 3rd gen, the brother of Frances.
The third and last husband of Frances was George Hopkins. In 1710 Marriage licenses for both Frances Wilson with George Hopkins, and, Charity Mackmillion with William Bayly were obtained in Richmond County. The actual date of marriage for Charity has not been found. Some time later Katherine Mackmillion married Avery Dye.
The following records weave many of these families in ways that offer other genealogists the opportunity to prepare their own interpretation.
1677
Essex/ Rappahannock County Deeds, wills, etc., 1656-1901; general indexes, 1656-1936. Deed books (Rappahannock), v. 6-7, 1676-1688 (Also known as Deed and will (or Will and deed) books. Deed book, v. 6, has two sections: 1676-1682 (deeds?) and 1682-1687 (wills?).) Family Search Film # 007645186, image 29/572, page 14.
“Know All Men by these presents that I Thomas Newman Senior of ye County of Rappa out of tender love and affection to my son Thomas Newman, doe hereby give unto my said sonne at his day of Marriage or at my death ye halfe part of all my personal estate both in doors and without and at ye divison of ye same my said son to have ye first choice thereof. And I do hereby give unto my sonne as aforesaid all my female cattle, marked with a cropp in ye left ear & a slitt in ye crop and ye right ear whole, and likewise to have his first choice of halfe my male cattle at ye time aforesaid. All ye aforesaid recited promises I give and grant unto my sonne, his heirs & asssignes forever, reserving in my self now and at all times ye one halfe or moiety of all my personal estate, In Witness whereof I have hereunto set my hand and seale this 5th day of September 1677, (signed) (Witnessesed by ) Edward Freeman, Thomas Newman, Philip Pendleton, Recognitr in Cur Com Rappae 5 die 7bris Ano 1677, Test. Edmund Craske Cl Recorder.”
Note: It is likely true that none of the children of Thomas Newman, 2nd gen, Jr., were born before 1677. He had yet to be married.
1682
Essex County, Deeds, wills, etc., 1656-1901; general indexes, 1656-1936
Deed books (Rappahannock), v. 6-7, 1676-1688 (Also known as Deed and will (or Will and deed) books. Deed book, v. 6, has two sections: 1676-1682 (deeds?) and 1682-1687 (wills?).
Family Search Film #007645186, image 188/572 page 172a.
I do pray you to record for the life of my son Robert Hopkins his heirs, executors, administrators two cows and one yearling heifer marked with a slitt on the right ear with an under keel and an over keel with a crop on the left ear and a hole being the gift of his father Robert Hopkins with all their increase both male and female as witness my hand this 6th day of September anno dom 1682, Katherine Downer. Recorded 9th September 1682
I do hereby give to my son George Hopkins one chestnut colored young stone horse and one two years old branded on the near shoulder FxD to him his heirs executors, administrators and assigns with warranty from me the said Katherine Downer my heirs executors, administrators and all persons whatsoever as witness my hand this 6th day of September 1682, Katherine Downer, recorded 1682.
Note: George Hopkins would be around the age of fourteen at this time.
Essex/ Old Rappahannock County Deeds, wills, etc., 1656-1901; general indexes, 1656-1936. Transcript, made 1894, of will book, v. 2, 1677-1682. Family Search Film # 007646151, image 369/614, page 165.
I William Bayley of the county of Rappa for a valuable consideration of one thousand pounds of tobacco and a mare in hand received of John Wood of the same county , planter, do assign from me the said William Bayley … one hundred and seventy acres of land unto the said John Wood … this 5th day of May 1682. William Bayley , Signed in the presence of George Play, Robert Play, recorded the 7th day of June{?} 1682.
1686
Essex County, Deeds, wills, etc., 1656-1901; general indexes, 1656-1936. Deed books (Rappahannock), v. 6-7, 1676-1688 (Also known as Deed and will (or Will and deed) books. Deed book, v. 6, has two sections: 1676-1682 (deeds?) and 1682-1687 (wills?). Family Search Film #007645186, image 429/572, page 264.
Know all men by these presents ye I George Hopkins ye above said county do hereby give and make over unto my loving sister Jane Hopkins two cows and one heifer with their increase to her and her heirs forever the cows one of them apide one age aged eight years or thereabout the other about or there about the heifer two years old being marked as followeth all under the mark (the mark) over keeled and under keeled on the left ear with a crop and slit in the right ear. The subcriber doth freely give as Witness my hand the day and year above mentioned. George Hopkins. Written in Rappa 3 March 1685/6, recorded 2nd day April 1686.(difficult to read and my terrible transcription). Test Wm Colston
Image 429/572, page 264.
Know all men by these presents ye I George Hopkins ye above said county do hereby give and make over unto my loving sister Katherine Hopkins one cow and two heifers with their increase to her and her heirs forever the cow and heifers bearing this mark a cropp and under keel on the left ear over keel and under keel on the right ear, To have and to hold from me my heirs forever as witness my hand the day and year above written. Recognized in court 3 March 1685/6 and recorded 2nd April 1686. Test Wm Colston
Note: Document in 1718 has George Hopkins as around 50 years old – birth year around 1668 He was a very kind brother.
1687
Essex County, Deeds, wills, etc., 1656-1901; general indexes, 1656-1936. Deed books (Rappahannock), v. 6-7, 1676-1688 (Also known as Deed and will (or Will and deed) books. Deed book, v. 6, has two sections: 1676-1682 (deeds?) and 1682-1687 (wills?). Family Search Film #007645186, image 501/572, page 408.
Know All Men by these presents that I Edward Moseley of the County of Rappa. do for a valuable consideration of Four thousands of Tobacco already by Bill received grant sell and confirm unto John Wood his heirs forever a certain parcel of land be it more or less Beginning at a marked white Oak on the Main Road side and running up the Main Road unto the line of Tobias Ingram thence along the said Ingram’s line unto a line which was formerly Richard Coleman’s, thence South along the sd line till it comes to a path which is commonly called Richard Goods path, thence down the said path to the place where it began and do hereby give from me my heirs to the said John Wood forever with all its rights and appurtenances together with all houses buildings and all other appurtenances belonging together with all the premises to his proper use without any lett of the said Moseley his heirs or any other person under me claiming and further the said Edward Moseley doth oblige himself to acknowledge the aforesaid land in person at the first Court held on the side of Rappa: River the said Wood his heirs paying the rents from henceforth shall be due to our Sovereign Lord the King. In Witness whereof the said Edward Moseley hath sett his hand and seale this 5th day of April 1687 Edward Moseley
Signed sealed and delivered in the presence of Robert Brooke, William Manning
Recognitr in Cur Com Rappa: 4 die May 1687 et record 20th die
Note: The activity in this indenture may have occurred on the south side of the Rappahannock River. The fact that John Wood presents gifts to the children of Thomas Newman, 2nd gen does not mean they lived near each other, only that they knew each other.
Essex County, Deeds, wills, etc., 1656-1901; general indexes, 1656-1936. Deed books (Rappahannock), v. 6-7, 1676-1688 (Also known as Deed and will (or Will and deed) books. Deed book, v. 6, has two sections: 1676-1682 (deeds?) and 1682-1687 (wills?). Family Search Film #007645186, image 525/572, page 456.
Know all men by these presents that I John Wood of the county of Rappahannock out of tender love and affection unto Frances Newman daughter of Thomas Newman do hereby freely give and grant unto the said Francis Newman one mare fillie with all her increase excepting the first mare fillie she brings which shall be given unto Elizabeth Newman her sister with all her increase forever as witness my hand the 8th of September 1687. John Wood; Recorded (latin phrase) Rappa 9th day of this ano dom ….. Test William Colston CC.
Note: Which one of two men named Thomas Newman was the father to daughters Frances and Elizabeth? Knowing the birth year of Frances would suggest the answer to this question. But we do not know it.
There are two reasonable options. The first is that Frances was a preteen child. The second is that Frances was at an age to marry. Thomas Newman, gen 2nd would have been around thirty to thirty five years old in 1687, whereas Thomas Newman, 1st gen, the immigrant, was between 50 and 65 years old.
If Frances was of an age to be married in 1687 she could only be the daughter of Thomas Newman, 1st gen. Preston Newman suggested a birth year of circa 1663. Again, Thomas Newman, 2nd gen was not married until 1677 or later.
And, what about Elizabeth? It is probable that both William Boogher and Preston Earl Newman were unaware of the record above. They would not have ignored it. That is unfortunate for it may have altered their thinking substantially.
Assigning the correct Thomas Newman as the the father of Frances and Elizabeth was and is difficult.
1695
Richmond County Order books, 1692-1871. Transcript of order book, v. 1 1692-1694 (Says v. 2 at beginning but at end says v. 1 which it matches. Transcript was made in 1895 by county clerk.) Photostatic copy of order book, v. 2 1694-1699 (Copy made in 1941.) Family Search Film #008153217, image 439/666, page 64.
At a court held for Richmond County the 7th day of August 1695.
The last Will and Testament of John Baptist, deceased being presented to the court by Anne his relict and Executrix therein named the said will was proved by the oaths of Thomas Newman and Elizabeth Burgess and probate thereof granted to the said executrix.
Image 448/666, page 84.
At a court held for Richmond County, the 9th day of August 1695
Judgment is granted to Ann Baptist as executor to John Baptist, deceased, against the Estate of Henry Burditt in the hands of Thomas Newman his executor for nine hundred pounds of good tobacco upon account of physical means administered unto him in his sickage to be paid with cost of suit, alias execution.
Note: Which Thomas Newman?
1698
Essex County Deeds, wills, etc., 1656-1901; general indexes, 1656-1936. Deed books (Rappahannock), v. 8, 1688-1692 — (Essex) v. 9, 1695-1699 (Also known as Deed and will (or Will and deed) books.) Family Search Film #007645185, image 311/370 page 236, Vol 9.
This Indenture made this tenth day of September 1698 Between Edward Moseley and Elizabeth his wife of Essex County of ye one part and Abraham Stepp of the aforesaid County of Essex of ye other part; Witnesseth that ye said Edward Moseley and Elizabeth his wife for a valuable consideration in hand received have sold unto the said Abraham Stepp his heirs & assigns forever One hundred acres of my Land left to me by my Honored Father deceased, and is part of ye Divident I now live upon situate & being in the above said. County of Essex bounded as followeth; beginning at a marked red Oak corner tree to ye land I formerly sold to John Wood & running thence East to a marked white Oak corner tree to ye said Wood standing by the Maine Road, thence down ye said. Road South East to a marked Beech standing by ye branch side that parts Mr. Robert Brooke and Robert Moss, thence up ye said Branch ye natural water courses thereof its straight course being North West by a line of marked trees belonging to ye said land where I now live; thence South along ye said line crossing ye aforesaid. Branch to a marked white Oak, thence West o a marked white Oak, thence North crossing ye said. Branch to a marked white Oak standing by ye North side of ye said. Branch, thence North East to a marked white Oak standing on ye North side of ye foot of the hills, thence North North East to a Stake standing as a corner tree in ye head line of John Wood’s land & thence South to ye first mentioned station, To have & to hold ye said. One hundred acres of Land with all its rights and appurtenances with all woods profits to ye said Land belonging unto him the said. Abraham Stepp his heirs & assigns forever against him ye said. Edward Moseley and Elizabeth his Wife their heirs & assigns & all other persons whatsoever & will warrant & forever defend to him his heirs & assigns; In Witness whereof the said Edward Moseley and Elizabeth his wife have hereunto set their hands & seals Edward Moseley, Elizabeth Moseley
Signed sealed & delivered in ye presence of Robert Brooke, John Peatle
Acknowledged & right of Dower relinquished in Essex County Court ye 23d. day of 7ber: 1698 & truly recorded
Test Francis Meriwether, Cl Cur
Note: Abraham Stapp {Stepp} married the daughter of Robert Moss. Robert Moss was the brother to William Moss. The Moseley and Moss families knew each other well and they both knew the Newman family.
1700/01
Richmond County, Wills and inventories, 1699-1879; general index to wills, 1699-1950. Richmond (County) Will and Inventories, Vol 1-3, 1699-1717. Family Search Film #007646142, image 26/339, page 21, March 5, 1700/01.
Thomas Newman relinquishes Estate of father Thomas Newman; 5 March 1700 Know all men by these presents that I Tho. Newman do by these presents relinquish and surrender up all my right of administration that I have to any part or parcel of the estate of my father Tho. Newman late of the county of Richmond deceased witness my hand this 5th of March 1700(1) Tho. Newman {no sign} Recorded Test Wm Colston
Note: Here again we find two men named Thomas Newman. One record below shows that Thomas Newman, who died in 1700 was the father to an Elizabeth Newman. Although Frances Newman was not named on any document immediately following the death in 1700 of Thomas Newman, 2nd gen, there were a number of records pertaining to her husband John Mackmillion.
1700
Richmond County Order books, 1692-1871. Order books, v. 3-5 1699-1711. Family Search Film # 008191515, image 43/632, page 79.
At a court held for Richmond County this 5th of March 1700
This day John Newman son of Thomas Newman Sr, deceased did make choice of John Maximilian for his guardian.
This day George Newman son of Thomas Newman, deceased, did make choice of John Maximilian for his guardian.
Note: It must be noted that both William Boogher (see his page 281) and Preston Newman record this John Newman and George Newman as sons of Thomas Newman, 2nd generation. In this case George and John both of the 3rd generation have an older brother named Thomas Newman 3rd gen and a sister named Elizabeth. Thomas Newman 3rd gen relinquished the role of administrator of his recently deceased father.
1701
Richmond County Order books, 1692-1871. Order books, v. 3-5 1699-1711. Family Search Film # 008191515, image 54/632, page 100.
At a court held for Richmond County 7th day of May 1701
Ordered by and with the consent of Elizabeth Newman and upon her request that she have and take her part, share, and portion of the estate of Thomas Newman her deceased father.
Ordered that John Maximilian have and take out of the estate of Thomas Newman, Senior, deceased, twelve hundred and fifty pounds of good tobacco in cask upon and proved by oath to be paid with cost of suit ___
Note: John Mackmillion was the husband of Frances Newman. If John and George Newman were of the third generation then Elizabeth their sister was also of the third generation. What we do not know with certainty is if this Elizabeth was the same one found in the 1687 record.
1702
Richmond County Deed Book #3, 1697-1704. Family Search Film # 008191511, image 642/721, page 110.
The ear mark of John Newman 9ber 8th 1702, A crop and two slits in the left ear the right ear whole, Recorded, test James Sherlock, Cl Cur
The ear mark of John Maximilian 9ber 8th 1702, A crop in the left ear and a slit in the right ear, Recorded, test James Sherlock, Cl Cur
The ear mark of George Newman 9ber 8th 1702, A under on the left ear and an over keale on the right ear, Recorded, test James Sherlock, Cl Cur
1703
Richmond County Court Records, Miscellaneous records, 1699-1724. Family Search Film # 008191514, image 210/320,
21st day of June 1703, Know all men by these presents that I William Braithwait of the port of Whitehaven in England have made assigned and ordained my well beloved friend John Craske of the county of Richmond in Virginiamy true and lawful attorney ….witness my hand and seal the 21st day of June 1703. Signed sealed and delivered in presence of us John Mackmillion, James Ingo . … Recorded 1st day of ___ 1703 Test James SherlockClCur
1705
Richmond County Wills and Inventories 1699-1879, Wills and inventories, Vol. 1-3 1699-1717. Family Search Film # 007646142, image page 95/339, page 90.
In the name of God Amen. I John Mackmelion of the county of Richmond being very sick and weak in body but of a sound and perfect memory and a mind to dispose of that life estate that God hath bestowed upon me
Item: I recommend my soul to the Lord that gave it to me. I hope through the merits of our savior Jesus Christ that it may please onto the Kingdom of heaven and my body to be decently buried where my executor heretofore named shall think fit.
I give and bequeath to my oldest daughter Charity Mackmelion a Cow and a young heifer and a young mare and her increase after the two first colts that she then have first of them her younger sister to have and the next to my wife.
I give and bequeath to my youngest daughter Catherine Mackmelion one cow and young heifer.
I give and bequeath unto John Newman a two years old heifer after he is twenty years old and my silver headed cane to him and
I give and bequeath to George Newman a two year old heifer when he is twenty years old and then he to go free
I give to William Coalman my _____ boy a Cow calf three years before he is free
I give to Maxfield Browne three sows one of them big with pigg and the other two are gylts
I make and constitute my well loved wife the Executrix of my Estate only which I have gave away before mentioned, all the rest to my well beloved wife Francis Mackmellion _____ and real, only to Samuel Mathews ____ and reale one pair of plaid britches, and this I ordain to be my last Will and Testament revoking all other Will and Testament as witnessed my hand and seal this the fourteenth day October anno dom 1701. John Mackmelion
Signed Sealed and delivered and delivered in presence of John Fennell, Henry Street, Proved in Richmond County Court by their oaths of John Fennell & Henry Street this 6th day of February 1705 and recorded. J. Sherlock, Cur Cl
Note: An argument has been presented showing this Maxfield Brown to have married Elizabeth Newman the sister to John and George. The choice here is that John Mackmillion was either the uncle to John, George, Thomas, and Elizabeth or their brother in law. Richmond County Order books, 1692-1871. Order books, v. 3-5 1699-1711. Family Search Film # 008191515, image 284/632, vol 4, page 99.
At a court held for Richmond county the 5th day of November 1705
Upon the petition of Arthur Dye in behalf of his son Avery Dye against Patience Naylor, executrix of the Last Will and Testament of Avery Naylor, deceased, for thirty thousand pounds of tobacco being a legacy given to the Avery Dye by the Last Will and Testament of the said Avery Naylor. The said Arthur Dye giving security to indemnify the worshipful her magistesties justices for this county for the repayment of the same the said Avery Dye when he shall attain to age sufficient to demand the same. Judgment is therefore granted to the said Arthur Dye in behalf of his son against the said Patience Naylor, executrix of the last Will and of the said Avery Naylor for the said sum of thirty thousand pounds of tobacco together with costs.
Note: Was Patience a Newman? No proof yet found.
Richmond County Order books, 1692-1871, Order books, v. 3-5 1699-1711, Family Search Film # 008191515, image 290/632, page 110.
At a court held for Richmond County the 6th day of February 1705
This day the Last Will and Testament of John McMillion being presented to this court by the executrix therein named for proof the same was proved by the oath of John Fennell and Henry Street and order for probate granted thereon.
Image 317/632, page 164
At a court held for Richmond County Court the 4th day of April 1706
the action brought by John Wilson and Frances his wife, executrix of John McMillion against ____ is dismissed, the plaintiffs not prosecuting.
Note: There is good information in this will of John Mackmillion. John was married to Frances and had two daughters Charity and Catherine.
John bequeathed some livestock to his brother in laws or nephews John and George Newman both of whom were under the age of twenty one. As a result both William Boogher and Preston Earl Newman have set the birth year for John and George at 1681.
Maxwell Browne was bequeathed livestock from John Mackmillion. In another paper we find that Maxfield Browne had likely married Elizabeth Newman , sister to John and George..
1707
Richmond County Order books, 1692-1871, Order books, v. 3-5 1699-1711. Family Search Film # 008191515, image 388/632, vol 4, page 305.
At a court held for Richmond County the 1st day of October 1707
The Last Will and Testament of John Wilson being then duly offered to the court for proof by the executrix of the said deceased, therein named, upon the motion of Daniel McCarty the probate thereof is suspended til next court.
Image 400/632, vol 4, page 330
At a court held for Richmond County the 4th day of February 1707
The probate of the Last Will of John Wilson be suspended til the next court for proof and the court having heard the several evidenced of John Kelly Elizabeth Bradley and Anna Port in the behalf given, are of judgment that the paper offered by Frances Wilson widow of the said John is no will.
1708
Richmond County Order books, v. 3-5 1699-1711. Family Search Film # 008191515, image 406/632, page 342.
At a court held for Richmond County Court the 7th day of April 1708,
Upon the petition of John Newman for his fathers estate now in the hands of Francis Wilson, widow and relict of John Wilson and said Francis not appearing it is ordered that she be summoned to next court to answer to the subject matter contained in the said petition.
Upon the petition of George Newman for his fathers estate now in the hands of Francis Wilson, widow and relict of John Wilson and said Francis not appearing it is ordered that she be summoned to next court to answer to the subject matter contained in the said petition.
Richmond County Order books, v. 3-5 1699-1711. Family Search Film # 008191515. image 414/632, page 359.
At a court held for Richmond County May 5, 1708
Francis Wilson, widow and relect of John Wilson being summoned to appear at the court to answer the petition of John Newman for his part of his deceased fathers estate in the hands and the said Francis approving accordingly and offering nothing material in Brer of the said petition, Judgment is therefore granted to the said John Newman against the said Francis Wilson for four thousand six hundred and twenty five pounds of tobacco according to the said petition and it is ordered that she pay the same John with costs ____
Francis Wilson, widow and relect of John Wilson being summoned to appear at the court to answer the petition of George Newman for his part of his deceased fathers estate in the hands and the said Francis approving accordingly and offering nothing material in Brer of the said petition, Judgment is therefore granted to the said George Newman against the said Francis Wilson for four thousand six hundred and twenty five pounds of tobacco according to the said petition and it is ordered that she pay the same John with costs ____
Note: John Newman and George Newman the sons of Thomas Newman, 2nd gen, petitioned for their portion of their deceased father’s estate. This occurs in 1708, probably at the time they had reached the age of twenty one. This sets their birth year as around 1687 rather than 1681 as proposed by Boogher and P. Newman.
If John and George are brothers to Thomas, Elizabeth and Frances it would be possible for these five to be born within a ten year span.
The court record of May 5th, 1708 also contains Henry Burdett’s petition to have Yeo Avery appointed as his guardian.
Richmond County Order books, v. 3-5 1699-1711. Family Search Film #008191515, image 418/632, page 36.
At a court held for Richmond County the 6th day of May 1708. Judgment is granted to Joseph Belfield and Mary his wife executors of the Last Will and Testament of Elias Wilson, deceased, against Frances Wilson Executrix of John Wilson for one hundred and thirty seven pounds of tobacco due upon balance of account which is ordered to be paid with costs
Note: John Wilson , the late husband of Frances Newman Mackmillion Wilson, was the son of Elias Wilson the immigrant. This Elias Wilson {the younger} was also the son of Elias Wilson the immigrant. Elias the younger was the second husband of Mary Lane. Following the death of Elias the younger his widow Mary married Joseph Belfield.
The first husband of Mary was Alvin Mountjoy Sr. Together they had four children the forth being Alvin Mountjoy Jr born in 1700.
Here we find John Wilson and Elias Wilson the younger both older than their wives Frances Newman Mackmillion and Mary Lane Mountjoy. Both these widow ladies had young children when they married these older men of moderate wealth.
1709
Richmond County Wills and Inventories 1699-1879. Wills and inventories, Vol. 1-3 1699-1717. Family Search Film # 007646142, Image 155/339, page 1.
In the Name of God, Amen, I John Willson, being very sick and weak, but of perfect sense and memory, blessed be God for it, I do make and ordain this my last will and testament, in manner and form as followeth:
viz first I give my body to the earth, to be decently buried at the discretion of my executor, hereafter mentioned, and my soul into the hands of Almighty God that gave it, hoping through the merits and mediation of our Lord and Savior Jesus Christ, to have forgiveness of all my sins and as for my temporal state, which it has pleased God to bless me with in this world I dispose of as followeth:
Item: I give and bequeath unto my brother, Henry Willson, my own pistols and holsters and one breeding sow.
Item: I give unto my brother, James Willson, my sword and caine.
Item: I give Major Edward Moseley my riding saddle.
Item: All the residue and remainder of my estate, real and personal, I give and bequeath unto my loving wife, Frances Willson, to her and her heirs forever.
Item: My will is, that my said wife, Frances Willson, doe give to Thomas Newman, two years schooling, and one breed sow
Item: My will is that my loving wife, Frances Willson, be whole and soul executrix of this my last will and testament in witness hereof I have hereunto set my hand and affixed my seal this thirtieth (30th) of July, 1707.
Signed, sealed
At a court held for Richmond County November second (2) 1709 John Kelly and Elizabeth Bradley this day came into court and made oath that in their presence the above named, John Willson, acknowledged the above written to be his last will and testament where upon the motion of George —- in behalf of Frances Willson executrix above named, the same is admitted to record and a probate granted her there on.
Test M Beckwith, County Clerk
Note: Following the death of John Mackmillion his relict Frances married John Wilson. In his Last Will John Wilson bequeathed two years of schooling to his nephew Thomas Newman, 4th gen, the son of Thomas Newman 3rd gen. This Thomas Newman 4th gen may be the Thomas alleged to have married into the Muse family. This has not been proven.
Richmond County Order Book v. 3-5, 1699-1711. Order Book 5 begins at Image 460/632. Family Search Film # 008191515, image 482/632, page 44.
At a court held for Richmond County June 2, 1709
In an action of case between John Worden, plaintiff, and Frances Wilson Executrix of John McMillion, defendant for six hundred and thirty pounds of tobacco due by account the defendant not appearing at ye plaintiffs motion judgment …. against the …. appear at the next court.
Judgment brought the day passed against the … for six hundred and thirty pounds of tobacco unto John Worten for the non appearance of Frances Wilson Executrix of John McMillion at the motion of the sheriff an attachment granted him against the said defendant estate for ye said same retrievable to ye ___ of court for judgment.
Image 501/632, page 83.
At a court for Richmond County September 8. 1709
In an action of case between John Worden, plaintiff, and Frances Wilson, executrix of
John Mackmillion, defendant for six hundred and thirty pounds of tobacco neither party appearing the said suit is dismissed.
Image 509/632, page 98
At a court for Richmond County November 2, 1709
John Kelly and Elizabeth Bradley came in Court and made oath that in their presence John Wilson acknowledged (a paper in court produced) to be his Last Will and Testament which at the motion of George Eskridge was admitted to record and a probate of the said will is granted Frances Wilson executive therein named.
1710
Richmond County General index to deeds, 1692-1915; deeds, 1692-1869. Deeds, Vols. 4-6 1705-1714 {Richmond County Marriage Licenses in 1709 -1714} Family Search Film #008153221, image 635/638, last page un-numbered.
October William Baley & Charity McMillion
October George Hopkins & Frances Wilson, widow
Note: In 1710 we find daughter Charity and mother Frances secured marriage licenses. See the Richmond County record that follows showing another woman under the age of eighteen being married around that same time.
Richmond County General index to deeds, 1692-1915; deeds, 1692-1869. Deeds, Vols. 4-6 1705-1714. Family Search Film #008153221, image 276/638, page 195.
Know all men by these presents that we Griffin Fantleroy and Moore fantleroy of the ocunty of Richmond gents are oblidged and firmly bound unto John Bushrod of the county of Westmorland, gent, in the sum of 700 pounds of good and lawful money of England to which payment well and truely to be made we do oblige our selves by these presents. Sealed with our seals and dated this 21st day of April 1709.
Whereas Thomas Bushrod late of the parish of Beautracy in the county of Northumberland gent did by his Last Will and Testament in writing bearing date the first day of September 1697 (amongst other things) will and require that what Negroes or English servants he should die possessed of should not be sold but kept and preserved for the use and uses of his the said Thomas Bushrods son and daughter Richard and Anne to be equally divided betwixt them when the said Richard shall arrive to the age of 21 years and the said Anne to the age of eighteen. And whereas the said John Bushrod hath at the instnace and request of the said Griffin Fantleroy consented and agreed to pay and deliver unto the said Griffin Fantleroy whatsoever is due or belonging to him by venue of his intermarriage with the said Anne (with whom he is lately intermarried, and the said John Bushrod not obliged to deliver the estate of the said Anne until she shall arrive to the said age of eighteen as aforesaid) Now the condition of the above written obligation is such that if the above bounded Griffin Fantleroy and Moore Fantleroy their heirs executors and administrators shall and do Indemnify save and keep harmless the said John Bushrod his heirs etc for such his delivery of the Ann’s estate so by her Father bequeathed as aforesaid of and from all claims which shall or may be made by any person or persons whatsoever by virtue the said Will according to the true intent & meaning thereof then this obligation to be void and of none effect, otherwise to be & remain in full force power and virtue. Griffin Fantleroy, Moore Fantleroy Sealed and delivered in the presence of George Eskridge, Samual Godwin
Samuel Godwin came into Richmond County Court the 7th day of June 1710 and made oath that he see Griffin Fantleroy and Moore Fantleroy sign seal and acknowledge this to be their act and deed. Where upon on the motion of John Bushrod gent Sr It was admitted to record. Test Marmaduke Beckwith Cl Cur.
Note: John Bushrod was the brother to Thomas Bushrod. Anne the daughter of Thomas had recently married Griffin Fantleroy but she had not reached the age of Eighteen. John Bushrod the uncle to Anne was not obliged to turn over the bequeathed estate of her father because she was under eighteen. However if he did so now and anything legal should challenge that response, Griffin and Moore Fantleroy would work to keep John Bushrod safe from harm.
It is probable that Anne was sixteen to seventeen years old at the time (1709) of her marriage to Griffin Fantleroy.
Richmond County General index to deeds, 1692-1915; deeds, 1692-1869. Deeds, Vols. 4-6 1705-1714. Family Search Film #008153221, Image 323/638, vol 5, page 288.
Know all men by these presents that I Frances Wilson and of the County of Richmond and Parish of Sittenboure send greeting December the thirteenth day anno Domini 1710. Now know ye that I Frances Wilson for diverse good causes and considerations me here unto moving doth give grant confirm and doth by these presents give and grant to my well beloved daughter Katherine Mackmillian to be delivered unto her the said Catherine Mackmillian at the age of eighteen years or marriage either of them which shall first happen as followseth, vitz, four young cows and one steer four years old, four pewter dishes and one dozen of plates three, four pewter jugs and one dozen plates, three porrindgers and tankard and one pewter candlestick and two iron pots and brass kettle and two part pot hooks one feather bed and rug pare blankets and pare of sheets cortings and vallings bolster and pair of pillows one table and table cloth with one dozen napkins all of duper and two leather chairs and one block bed and rug pare blankets and bolsters and one brass spice mortar and pestle to have and to hold above specified particulars of goods and chattels I the aforesaid Frances Wilson doth for myself or my heirs or executors or administrators firmly by these presents bind and oblige myself to deliver all and every part thereof as aforesaid to my daughter Katherine Mackmillian at the day of Marriage or when arrive to the year of eighteen given from under my hand and seale this 13th day of December 1710 Frances Wilson, signed sealed and delivered in presence of us John Newman , James Ingo,
At a court held for Richmond County January the third 1710 Frances Wilson came into court and acknowledged this deed of gift unto her daughter Catherine Mackmillian and it was admitted to record, Test M Beckwith CC.
Note: Frances Wilson has a daughter Catherine Mackmillian who was under the age of eighteen in 1710. A marriage for Catherine may have been pending. However there has not yet been found a record for a marriage license. John Newman was witness to this gift.
Richmond County Order Book v. 3-5, 1699-1711. Order Book 5 begins at Image 460/632. Family Search Film # 008191515, image 572/632, page 223.
At a court for Richmond County January 3, 1710
Francis Wilson , widow, this day came into court and acknowledged her Deed of Gift unto her daughter Catherine Mackmillion and it was admitted to record.
Richmond County Order books, 1692-1871. Order books, v. 6-8 1711-1721. Family Search Film # 008191516, Image 23/683, vol 6, page 7.
At a court held for Richmond County the 6th day of March 1711
“Upon the petition of Avery Dye, it is ordered that Arthur Dye, father of the said Avery Dye, to pay unto him the sum of thirty thousand pounds of tobacco. The same being a legacy and given by Avery Naylor, deceased, to the said Avery Dye and was in the hands of the said Arthur Dye.”
Note: In 1705 the court ordered his father Arthur Dye to give the 30000 pounds of tobacco bequeathed to him by Avery Naylor when Avery Dye reached an age sufficient to demand it. Arthur Dye was born around 1673. His son Avery was probably born between 1693- 1696. If in 1711 Avery Dye was eighteen when he recovered the gift he would have been born around 1693.
Note Avery Naylor wrote his will in 1704/5 and bequeathed “twenty thousand pounds of tobacco also ten thousand pounds of tobacco more to be paid when his grandmother pleasith between this instant and his age of one and twenty years.”
Some have suggested that Avery Dye submitted this petition because he was about to marry. They believe that he may not have reached the age of twenty one before his marriage. We do not know.
This focus on the year of birth for Catherine Dye and Avery Dye might give information about the age of Frances.
1718/19
Richmond County Court Records. Miscellaneous records, 1699-1724. Family Search Film # 008191514, image 298/320, page 105-A.
Richmond So: November the 4th 1718; George Hopkins aged Fifty years or thereabouts deposeth and saith that a the the time when Mr Thomas Loyd, since deceased, received into his possession the plantation of belonging to Mr Motrom Wright of Lancaster County, since deceased, situate upon Rappa Creeke in Richmond County now in the possession of Joseph Belfield – continues description of house – signed George Hopkins, Sworn to in Richmond County Court the fifth day of March 1718 by the above named George Hopkins and at the motion of the above name Joseph Belfield was ordered to be recorded; Test M. Beckwith Cl Cur.
Note: George Hopkins was born around 1668. He was the third and final husband of Frances Newman. Thomas Cooper of Westmorland County aged fifty or thereabouts deposeth {as above}
Image 299/320, page 106a & 107, There is a map of
“A plot of land belonging to Robert Hopkins and Arthur Dye.”
Plot of 84 ½ acres each surveyed February 11, 1707/8 for Robert Hopkins and Mr Arthur Dye being part of a dividend of land sold by Mr James Williamson, deceased unto Robert Hopkins, adjoining an old field in the line of Coln Fleet. By Edward Barrow, recorded 5 March 1718/19
Note: Robert Hopkins was the brother of George Hopkins. George was about 40 years old at the time of the survey. Whether or not he lived on land near his brother Robert it is certain that he knew Arthur Dye and his son Avery Dye. Consequently he must have known the neighbor Frances Newman Mackmillion who had a daughter Catherine. Catherine had married Avery Dye, Sr. by that time. Frances married for the third time widower George Hopkins. At that time the difference in their ages meant less as they were both middle aged. George’s birth year was near that of John Wilson.
Richmond County Order books, 1692-1871. Order books, v. 6-8 1711-1721. Family Search Film #008191516, Image 529/683, page 84.
At a court held for Richmond County the 5th day of March 1718.
Upon the motion of Avery Dye a survey and platt of Robert Hopkins and Arthur Dyes land is admitted to record.
1719
Richmond County Land and Property. Deed book, 1714-1720. Family Search Film #008153217, image 227/666, page 422.
This indenture made the 13th day of June 1719 between George Hopkins of Sittenbourne in the county of Richmond, planter and Mathew Thornton of the same parish and county, witnesseth that George Hopkins sold unto Mathew Thornton all that tract situate in Sittonbourne Ounty adjoining the land of Mathew Thornton now lives containing by estimation 75 acres bounded as follows, with the main River of Rappahannock a creek commonly called Doctor’s Creek, a place commonly known as the Slachett by the main roadside and the outermost or uppermost line of the said Mathew Thornton’s land … George Hopkins, Signed delivered in the presents of William Fantleroy, Thomas Thornton at a court held for Richmond County the 1st day of July 1719.
Image 228/666, page 424.
This Indenture made the 29th day of June 1719 between Mathew Thornton of the parish of Sittenbourne in the county of Richmond planter and Elizabeth his wife of the one part and William Fantleroy of the same parish and county , gent of the other part, Witnesseth that the said Mathew Thornton and Elizabeth his wife sold to William Fantleroy … that plantation tract or divident of land situate in the parish of Sittenbourne aforesaid whereas Robert Hopkins, deceased, father of the siad Elizabeth Thornton formerly containing 84 ½ acres beginning at a scrub oak by the path side near the Slachett by the main roadside being the beginning of the dividing line made between the said Robert Hopkins and Arthur Dye, deceased, on a survey and division of the their lands made by agreement by Mr Edward Barrow February the 19th 1708 and so running the several courses according to the said division to a white oak at the beaver dam side thence along the dividing line to the beginning … Mathew Thornton, Elizabeth Thornton, Delivered in the presence of Thomas Thornton, George Hopkins, at a court held for Richmond County the 1st day of July 1719.
Note: Arthur Dye was deceased by 1719.
Richmond County Court Orders. Miscellaneous records, 1699-1724. Family Search Film #008191514, image 303/320, page 110-1.
To all Christian people to whom this present writing shall come, George Hopkins of the Parish of Sittenbourn in the County of Richmond, planter, sendeth Greeting. Know ye that the said George Hopkins for and in consideration of the natural love and affection which he hath and beareth unto his loving wife Frances Hopkins and her daughters Katherine Dye the wife of Avery Dye and Charity Bayly the wife of William Bayly and for settling ye Negroes herein after named to and for the uses and in such manner as is hereinafter expresses and limited and touching and concerning the same and for diverse other good causes and valuable considerations ______ especially moving he the said George Hopkins Hath given granted and confirmed and by these presents Doth give grant and confirm from and immediately after the decease of him the said George Hopkins unto his said wife Francis Hopkins and unto the said Katherine Dye the wife of the aforesaid Avery Dye and Chastity Bayly the wife of the aforesaid William Bayly two Negro Men named Captain and Prince and one Negro woman called Phillis to be held and enjoyed as wherein after mentioned (that is to say) To have and to hold the said Negroes from and immediately after the decease of him the said George Hopkins unto ye said Frances Hopkins for and during the term of her natural life and from and after her decease to hold the said Negroes Prince and Phillis unto the said Katherine Dye and the heirs of her body lawfully begotten and the first child that the said Phillis shall have unto the said Charity Bayly during her life and after her decease to Mackmillion Bayly son of the said Charity Bayly and his heirs but in case of his decease before his said mother and before his enjoying such child then the same to be held and enjoyed by Frances Bayly daughter of the said Charity Bayly for ever and all the rest of the future increase of the said Negro woman to be held and enjoyed and equally divided between the said Katherine Dye and Charity Bayly and the heirs of their bodies lawfully begotten but in case of either of them decease without such issue then the same to be held and enjoyed by the survivor and the heirs of her body lawfully begotten forever, And the aforesaid Negro Man called Captain to be held possessed and enjoyed by th said Charity Bayly and ye heirs of her body lawfully begotten as her and their proper estate goods and chattles from thenceforth for evermore. In witness whereof the said George Hopkins hath hereunto sett his hand and affixed his seal this fifteenth day of August Anno Domini 1719. George Hopkins, Sealed and delivered in the presents of John Newman, Katherine Kendall. At a court held for Richmond County the second day of September 1719, George Hopkins came into court and acknowledged this his seed to the uses within mentioned and it was admitted to Record, Test M. Beckwith CC”
1719-1720
Richmond County Wills and inventories, 1699-1879; general index to wills, 1699-1950. Wills and inventories, Vol. 4 1717-1725. Family Search Film #007646164, image 97/792, page 170-171.
In the name of God Amen I George Hopkins of ye parish of Sittenbourn in the county of Richmond planter being through the goodness of God to me in good health of body and of sound disposing and perfect mind and memory yet knowing that as nothing is more certain than death so nothing is more uncertain then the time thereof. Doe make ordain and declare this my Last Will and Testament in manner and form following (that is to say) first and principally I commend my soul into the hands of Almighty God hoping through the merritts death and passion and of my blessed savior and redeemer Jesus Christ to have full and free pardon and forgiveness of all my sins and to inherit everlasting life and my body I committ to the earth to be decently buried at the discretion of my executrix hereafter named and as to the disposition of all such temporal estate as it hath pleased almighty God to bestow upon me I give and dispose thereof as followeth (Vizt)
Item; I will that all my just debts and funeral expenses shall be well and truely paid satisfied and discharged
Item; I give devise and bequeath all my right and title in and to the tract of land and plantation whereon I now live unto my loving wife Frances Hopkins and her heirs forever
Item; Whereas I have by deed dated the fifteenth day of this instant August made over and selled three Negroes named Captain Prince and Phillis and Thomas Eucross after my decease to and for such uses as are therein mentioned. It is my will and I doe hereby order and appoint that the said Negroes ___ shall be held and enjoyed in such manner as is expressed and ___ in the said deed.
Item; It is my Will and I doe hereby order and appoint that my loving wife Frances Hopkins shall have the use and possession of all the rest residue and remainder of my estate of what nature or quality ___ for and during the time of her natural life from and after her decease I doe give and bequeath all the said residuary part of my estate unto her two daughters Katherine Dye the wife of Avery Dye and Charity Bayly the wife of William Bayly and their heirs to be equally divided between them.
Lastly; I doe make ordain constitute and appoint my said well beloved wife Frances Hopkins full and sole executrix of this my Last Will and Testament and I doe hereby revoke disannull and make void all former or other wills and testaments by me at any time heretofore made declaring this to be my last will and testament. In witness whereof I have hereunto sett my hand and affixed my seal the seventeenth day of August Anno Domini 1719.
Signed Sealed Published and Declared by the testator to be his Last Will and Testament in the presence of us John Newman, George Newman, Elizabeth Newman, George Hopkins
At a court held for Richmond County the first day of March 1720 This will was proved in open court by the oaths of John Newman, George Newman and Elizabeth Newman Witnesses thereto and admitted to record. Test M. Beckwith CC
Note: In the Last Will of George Hopkins written in 1720 he clearly identifies two daughters of his wife Frances as Katherine Dye the wife of Avery Dye and Charity Bayly the wife of William Bayly. John Newman, George Newman and Elizabeth Newman witnessed this Will. On numerous occasions we have found John Newman and George Newman signing documents pertaining to Frances. There is little question that they are related.
Richmond County Court Orders Miscellaneous records, 1699-1724. Family Search Film #008191514, image 304/320, page 112.
I William Baptist, Jun, do hereby acknowledge to have had and received from George Hopkins full satisfaction of all claims and demands due from ye said George Hopkins on ye account of John Baptist deceased and I do hereby Release and discharge the said George Hopkins his executors from all claims and demands upon ye account of the said estate, In Witness my hand this 20th day of February ye 1719 Wm Baptist
Test Avery Dye, Michael Wildey, Sam Goodwin, At a court held for Richond County the second day of March 1719, At a motion of George Hopkins this receipt from William Baptist to him is ordered to be recorded. Test M Beckwith
Edward Moseley open court made Oath to the truth of this account which is ordered to be recorded.
Note: It appears that Edward Moseley (d. 1727), administered the account of John Baptist.
1728
Richmond County Wills and inventories, 1699-1879; general index to wills, 1699-1950. Wills and Inventories, Vol 5, 1725-1753. Family Search Film #007646141, image 83/687, page 127 & 129.
In the name of God amen William Bayly of the parrish of Sittenbourne in the county of Richmond being sick of body but of sound and perfect sense and memory praise be to god almighty for the same doe constitute and appoint this to be my Last Will and Testament in manner and form following (that is to say) First and principally I commend my soul to God who gave it to me and my body to be decently buried at the discretion of my executor hereafter named and as for my worldly estate which it hath pleased God to bestow on me I dispose thereof as followeth, My Will and Desire is that all my just debts and funeral charges be first paid and discharged.
Item; I give unto my son John Baly two hundred acres land being in the parish and county above mentioned and binding upon the line of George Tomlin and Craske to him and the heirs lawfully begotten of his body forever and for want of such issue then to fall to my daughter Frances Baly and her heirs forever.
Item; I give unto my daughter Frances Baly one hundred acres land being and binding as aforesaid to her and the heirs lawfully begotten of her body forever and in case she fails of such heir then to John Baly and his heirs forever.
Item; I give and bequeath unto my two children John and Frances Baly all my personal estate and effects, my will is that my son John go to Avery Dye and remain under his jurisdiction unto the age of twenty one years, my will and desire is that Thomas Breid be alone and sole executor of this my Last Will and Testament disabling and making void all former wills by me made or spoke in witness whereof I have hereunto sett my hand and seal this 26th day of February 1728/9 Wm Bayley
Witnesses present, Avery Dye, John Newman, George Newman
At a court held for Richmond County the fifth day of March 1728 this will was proved in open court by the oaths of Avery Dye, John Newman and George Newman, witnesses thereto and committed to record. Test M. Beckwith, County Clerk
Note: The witness to the Last Will of William Bayly were Avery Dye, John Newman, George Newman. The two children of William Bayly and Charity were son John Bayly and daughter Frances Baly. (The father of Charity was named John, and mother of Charity named Frances)
Father William Bayly writes, “…my will is that my son John go to Avery Dye and remain under his jurisdiction unto the age of twenty one years…” This may be interpreted to mean that son John was not at the age of fourteen when he could select his own guardian. That would be consistent with the probability that William and Charity had married between 1711 and 1716.
Avery Dye was the brother in law to William Bayly. In this Will there was no mention of Charity his wife. She had likely deceased earlier.
1746
Richmond County Deed Book vol 9-10 1734-1750 (volume 9)(vol 10 begins on Image 360/651), Family Search Film # 008191512, image 565/651, vol 10, page 391.
This indenture made the first day of December in the year of Lord one thousand seven hundred and forty six and in the twentieth year of our sovereign Lord George the second. Between Elias Willson the younger of Lunenburgh Parish in the county of Richmond of the one part and John Ford of the County and Parish aforesaid on the other part. Witnessith that the said Elias Willson for and in consideration of the sum of one hundred and seventy pounds current money of Virginia to him in hand paid by the said John Ford before the En-sealing and Delivery of these presents the receipt whereof he doth hereby acknowledge and thereof and of every part and parcel thereof doth fully clearly and absolutely acquit exonerate and discharge the said John Ford his executors and administrators by these presents and for diverse other good causes and considerations him thereunto moving him the said Elias Willson hath granted bargained sold aliened injected and conformed and by these presents dith grant bargain sell alien inject and confirm unto the said John Ford and his heirs all that messauge and parcel of land being one hundred and thirty five acres by the same more or less situate lying and being in the County of Richmond and Parish of Lunenburgh aforesaid and four Negroes known by their names as follows (Vitz) Sam, Gonney, Richmond and Humphrey. The aforesaid land being part of two tracts which will appear as follows Vitz one part of the land given by Henry Bruce, deceased, to his son Joseph by his Last Will and Testament which is recorded amongst the records of Richmond County relation thereunto will appear more at large the other part of the aforesaid land is the part that the aforesaid Elias Willson reserved for himself out of two hundred and fifty four acres which the said Elias Willson made a deed to John Ford for and is recorded in the secretaries office relation thereto will more at large appear the aforesaid two pieces of land being now in deeded into one tract and is bounded as follows (Vitz) Beginning at a white oak by the Beaver dam Run and running down the run to a large oak corner to John Bruce, deceased, thence N 50 W45 near to a stake thence N80 W28 near to a white oak in the angle of three white oaks thence NE to a small hickory corner hence W by S the several course to the corner in the line of Howard Tomlinson thence N along the Tomlinson line to the main road known by the name of the Coach Road thence E by S down the said road to the line of that land Mrs Frances Hopkins now lives on thence down the said line to the fresh beginning together with the aforesaid four Negroes and all houses outhouses devices buildings gardens orchards woods underwoods ways waters and watercourse privileges and commodities appurtenances whatsoever to the said land and premises belonging or in any wise appertaining and the reversion and reversions remainder and remainders rents issues and profits thereof and all the estate right Title and trust benefit property challenge claim and demand whatsoever of him the said Elias Willson of in and to the same to have and to hold the said tract or parcell of land and premises with the aforesaid Negroes hereby granted and sold to the said John Ford his heirs and assigns forever to and for no other use intent or purpose whatsoever and the said Elias Willson his heirs he and all and singular the before granted land and premise with the appurtenances and the aforesaid Negroes and every part and parcel thereof unto the said John Ford his heirs and assigns against him the said Elias Willson his heirs and assigns and against all and every other person and persons whatsoever shall and will warrant and forever defend by these presents and the said Elias Willson for himself his heirs executors administrators and assigns doth covenant promise and agree to and with the said John Ford his heirs and assigns that to the said Elias Willson at and immediately before the en-sealing and delivery of these presents is and standeth lawfully rightfully and absolutely seized of and in the said before granted one hundred and thirty acres of land and premises with the before mentioned Negroes of a pure good perfect absolute ______ estate of inheritance and he the said Elias Willson now hath good right full power and lawful and absolute authority to grant and convey the same unto the said John Ford his Heirs and assigns forever in manner and form before specified and that the said John Ford his heirs and assigns shall and may from time to time and at all times forever hereafter peaceably and quietly have and hold use occupy possess and enjoy the said piece or parcel of land and premises with the aforesaid Negroes without any manner of lawsuit trouble molestation interruption or disturbance whatsoever of or by him the said Elias Willson his heirs or assigns or any other person or persons whatsoever lawfully claiming or to claim by from or under him or any or either of them and ___ free and clearly acquitted exonerated and discharged of an from all and all manner of form and other gifts grants bargain sales leans joynhers mortgages dowers interests judgments extent executions and of and from all other claim or claims trouble chrges and encumbrances whatsoever the rents and services from here forth to become due and payable to the chief lord or lords of the ___ fees of the premises for and in respect of his or their signature or signatures only excepting and true ____ and lastly that he the said Elias Willson his heirs and assigns and all and every person or persons whatsoever now having or lawfully claiming ___ shall or may at anytime hereafter have or lawfully claim any estate rights title charge or trust of in or to the premises and the aforesaid Negroes shall and will at anytime hereafter at the reasonable request cost and charge of the law of the said John Ford his heirs and assigns make do acknowledge and execute or cause to be made done acknowledged and executed all and every such further and other lawful and reasonable act and acts thing and things deeds conveyances and assurances in the law whatsoever for ________and more perfect assuring conveying and conforming of all and singular the before granted land and premises and Negroes unto the said John Ford his heirs and assigns forever as by the said John Ford his heirs or assigns or his or their council learned in the law shall be reasonably ___ devised as required. In Witness whereof the said Elias Willson hath hereunto set his hand and affixed his seal the day and year first above written. Elias Willson
Signed sealed and delivered in the presence of Elias Marks, John Deane, John Welsh.
1747
Richmond County Wills and inventories, 1699-1879; general index to wills, 1699-1950. Wills and inventories, Vol. 5 1725-1753. Family Search Film #007646141, image 289/687, page 530.
In the name of God amen I Frances Hopkins of the County of Richmond and Parish of Lunenberg being sick and weak of body but of sound sense and memory doe make and appoint this my Last Will and Testament, First and primis___ I commend my soul unto the hands of Almighty God that gave it me and my body to the earth to be decently buried at the discretion of my executors and as for my earthly estate I dispose of it as followeth Vizt
I give and bequeath to my Son in Law Avery Dye Senior and Catherine his wife my three negros Captain, Sambrough and Phillis to them and their heirs for ever
Item: I leave give and bequeath all this part parcel of land I now live on to be equally divided between Avery Dye Senior and Avery Dye Junior therefore mentioned Avery Dye, part of the west side and Avery Dye Junior on the east side and have hereto have given them possession with all appurtenances thereunto belonging with all my right title and interests ___ to them and their heirs forever.
Item: I do nominate and appoint Avery Dye as my sole executor of my Last Will and Testament Hereunto I set my hand and seale this eighth day of September Anno Domini one thousand seven hundred and forty ???
Frances Hopkins
Test Martin Dye, Tho Newman, Catherine Dye
At a court for Richmond County ___ ____ ____ This will was proved in open court by the oaths of Thomas Newman and Catherine Dye two of the witnesses thereto and admitted to record for probate ___ Pursuant to an order of the County Court dated ___ of August 1747 estate of Frances Hopkins, deceased,___ as follows Recorded 7th day of September 1747.
Note: There was no mention of the children of Charity and William Bayly. The only grandchild mentioned was Avery Dye Jr.
Richmond County Order books, 1692-1871. Order books, v. 11-12 1739-1752. Family Search Film #008191517, image 652/1016, page 82.
At a court held for Richmond County the 7th day of September 1747
Avery Dye is by this court appointed guardian to William Baley son of John Baley late of this county deceased giving security whereupon the said Avery Dye together with John Ford his security entered into bond an acknowledged the same.
Image 652/1016, page 82.
At a court held for Richmond County the 7th day of September 1747
John Ford, Samuel Gray and John Willson or any two of them sometime between this and the next court are appointed to divide the estate of Frances Hopkins, deceased into two equal parts and one moiety to be delivered to Avery Dye and the other moiety to be divided between Benjamin Bruce and William Baley the son of John Baley, deceased and that the said William Baley;s part be delivered to the said Avery Dye he being appointed his guardian and make report of what they do therein to the said next court.
Note: Benjamin Bruce was probably the son of Henry Bruce. Henry Bruce married Mary Morton the neice of Patience Ford {Newman?}. William Baley may have been the grandson of Frances Hopkins.
This division of the estate seems contrary to the instructions of Frances Hopkins. The home of Frances Hopkins does bound that of the Bruce famliy.
Account books, 1724-1866. Richmond (County) Account Book 1, 1724-1783. Family Search Film #007646140, image 302/778, page 281.
“Pursuant to an order of this county court dated the seventh day of September 1747 we have divided alloted and delivered the estate of Frances Hopkins, deceased, to and for the use as is by the said order directed (vitz)” “We allot and have delivered to Avery Dye___{list of items}”, “We allot and have delivered to Benjamin Bruce ___{list of items}”, and “We allot William Baley, son of John Baley deceased,and have delivered to his guardian Avery Dye ___” John Ford, Samuel Gray, September 22, 1747, Recorded in Richmond County 5th day of October 1747, Test M. Beckwith CC
Note: Neither Charity and William Bayley nor any of their children were mentioned in the Last Will of Frances, but, there were members of the Baley family mentioned in the account of the estate.
1752
Richmond County Order books, 1692-1871. Order books, v. 11-12 1739-1752 Richmond County Order Book 12, 1746-1752. Family Search Film #008191517, image 969/1016, vol 12, page 399.
At a court held for Richmond County the 8th day of July 1752
{A complaint in ejectment is a beginning of civil remedy notifying occupants of a residence that the plaintiff is the lawful owner and has filed with the court to obtain possession of the property.}
William Thrustout lessee of Richard Barnes, plaintiff vs Avery Dye and Avery Dye Jr, defendant In Ejectment
This day came the parties by their attorneys and a case having been agreed by them in this cause of in lieu of a special verdict in these words (to wit). We agree that John Baptist, late of the county of Richmond, decd., was in his lifetime seized in fee of the premises in question and being so seized made his Last Will and Testament in writing bearing to date the twelfth day of June in the year 1695, proved and recorded in the court of the said county in these words, “In the name of God” (a symbol which probably means the rest of the Will is available and read) we agree that the plantation in the said Will mentioned are the premises in question. And that the said Ann Baptist, after the decease of her husband was delivered of a daughter who together with her sister, Mary, in the said Will mentioned, died in their infancy unmarried and without issue during the life of the said mother, Ann, whereby the said Ann became siezed of the said properties in fee. We agree that the said Ann Baptist afterwards intermarried with one George Hopkins by who she had issue, a daughter who died in her infancy in the lifetime of her mother unmarried and without issue. And that the said Ann Hopkins died under coverture (coverture – a legal term generally meaning that the husband has the right to property within a marriage) of the said George Hopkins and without issue. We agreed that the said George Hopkins after the death of the said Ann became siezed of the said premises as tenant by the Court say and afterwords married Francis Wilson and died sometime in the year of our lord 1720 so seized of the said premises having first made his Last Will and Testament in writing bearing date of the 7th day of August 1719 duly proved and recorded. In these words, In the name of God (symbol), we agreed that after the death of the said George Hopkins his widow Frances entered into the said premises and was thereof possessed of the same until her death which happened sometime in the month of July 1747 having first made her Last Will and Testament in writing in these words, “In the name of God” (symbol) And that the several defendants after her death entered into the premises in question and are thereof now seized and possessed by virtue of the said Will.
We agree a lease from William Baptist to the said George Hopkins and Francis his wife bearing the date the nineteenth day of February 1719, in these words, “This indenture” (symbol), and that the same is duly proved and recorded in the court of the said County of Richmond. We agree that the said Francis Hopkins after the death of the said George Hopkins in her lifetime and the said defendants since her death have severally (respectively) paid the quitrents (roughly a form of land tax) of the said premises during the time of their being severally possessed thereof. We agree the two several grants of the Northern Marsh, the one by Patent bearing date the 8th day of May in the Twentieth year of the reign of King Charles (1669), the other by the patent bearing date the 27th day of September in the fourth year of the reign of King James the second (1688-9) hereunto annexed.
We agree a deed poll (a deed made and executed by only one party or by two or more parties having identical interests) from right honorable Thomas Lord Fairfax Baron of Cameron in that part of Great Britain called Scotland the present proprietor of the North Neck to the lessee of the plaintiff for the premises in question bearing date the sixth day of July 1747 here unto annexed.
If the law be for the plaintiff we find for him the premises in question and one shilling damage, otherwise we find for the defendant. C. (Charles) Beale, William Hennan.
And the law arising from the said case being solemnly argued, it seems to the court upon the whole matter that the same tis for the defendant. Therefore it is considered that the plantiff to be nothing by his Bill but for his false clamour (a vehement expression of desire or dissatisfaction) be in mercy.
And that the defendant go thence without day and recover against the sessor (perhaps the plaintiffs attorney?) of the plaintiff his costs by him about his defence in his behalf expended. From which judgement by plaintiff prayed an appeat to the eleventh day of the next general court, whereupon Charles Beale, gentleman, becoming his security for due prosecution thereof the same is granted.
Note: Avery Dye Sr and Jr were given this land by their mother in law Francis Newman Hopkins . The document above explains how Francis acquired the property as judged by the court.
1756/57
Richmond County Wills and Inventories 1699-1879. Wills and inventories, Vol. 6 1753-176. Family Search Film #0007646164, image 262/792, page 98.
In the name of God amen, I Avery Dye of the Parish of Lunenburg and County of Richmond being weak of body but of sound memory thanks be to Almighty God for the same, do make this my Last Will and Testament in manner and form following. First and Principally I recommend my soul into the hands of Almighty Good that gave it and my body to be decently buried at the descretion of my executors hereafter nominated.
Item, my Will is that my dear wife Catherine Dye have the use and benefit of all this tract of land I now live on with all houses and appurtenances thereto belonging during her natural life or widowhood and after her decease to be tenanted to the best advantage and the rents annually divided equally among my children in general, until my grandson Martin Dye arrive to the age of twenty one years
Item, My Will is that my loving wife have the use and benefit of my part of that tract of Land left between me and my son Avery Dye by the last will of Frances Hopkins, deceased, during her natural life or widowhood and after her decease to be sold to the highest bidder and divided equally among my four sons Avery, William, George, and Fauntleroy Dye. But my will farther is that my aforesaid wife may immediately after my death or in any time of her natural life or widowhood sell the aforesaid tract of land and have an equal part with my aforesaid sons to her own use and benefit.
Item, my Will is that my personal estate be inventoried but not sold unless necessity should suggest
Item, my Will is that after my just debts and funeral charges be paid, that my wife have the use of my personal estate and Sambro, Punch and Tillis to all intents and purposes during her natural life or widowhood and after her decease or marriage then all my children to have, share and share alike
Item, my Will is that if my wife Dye before my son Fauntleroy arrive to the age of twenty one years that I leave him to his godfathers
Item, my Will is that my wife bear an equal part of the charges of the land now in dispute that shall or may come against my son Avery Dye in that suit now depending between my said son and Mr Richard Barnes
Item, I leave my loving {sic}Catherine Dye and my son Avery Dye and Thomas Newman Exectrix and Executors of this my Last Will and Testament in witness hereof I have hereunto set my hand and affixed my seal this 20th day of October one thousand seven hundred and fifty six.
Interlined before assigned Avery Dye Witnesses John Newman, Junior and John Newman, Joynor (?) Thomas Newman
At a court held for Richmond County the 4th day of April 1757, this Will was presented in court by Catherine Dye and Thomas Newman Executors and proved by the witness thereto and admitted to record Test T . Tarpley D Clerk
Note: It is not clear who was the father of grandson Martin Dye. Five candidates are Avery Dye, Jr., and Martin Dye who died in 1756, William Dye, George Dye and Fauntleroy Dye. Likely it was the son Martin Dye who had deceased prior to the writing of the will of Avery Dye.
Note: Catherine Dye, Avery Dye, Jr. and Thomas Newman survived Avery Dye, Sr. Catherine was the wife of Avery Dye, Sr. Avery Dye, Jr. was the son of Sr.
Thomas Newman was of the 4th generation. We were introduced to Thomas in 1707 in the will of John Wilson. John Wilson was married to Frances, the mother in law of Avery Dye, Sr. Thomas Newman, 4th gen, signs the Last Will of Frances in 1747. After 1759 we do not find any more records of him in Richmond County. Preston Earl Newman writes extensively about the migration of the family of Thomas Newman, 4th gen, and the ancestors of Avery Dye to Warren County, North Carolina. Preston Newman has followed Fauntleroy Dye through North Carolina to Mercer County, Kentucky.
Account books, 1724-1866. Richmond (County) Account Book 1, 1724-1783. Family Search Film #007646140 image 585/778, page 564.
Map included with the Following note: The letters A. D. K. F. G. are the corners of the land formerly held by Avery Dye shown by John Ford, now in possession of the defendant , Mr Barnes.
“Pursuant to an order of Richmond Court dated the third day of September 1761, I went in company with Col. William Brockenbrough and William Ford, Gent and the sheriff of the said county and surveyed the land in dispute between John Belfield, Gent plaintiff and Thomas Barnes, gent, defendant at instance of the plaintiff I began at the letter A {A is an old hickory shown by John Ford}where stands an old corner hickory now dead, extended thence N 7degrees E 72 pole to a marked red oak marked as a line tree at the letter B {B is red oak in the land formerly of Avery Dye}, thence S 36 degrees E 294 pole to the side of a gutt at C then I distanced down the gutt till it met with the mouth of another gutt at L thence up the several turnings thereof reduced into a straight line 103 pole to a stake at the letter H, thence N 6 degree W 92 pole to the beginning including ninety nine acres of land. Then at the insistance of the defendant I began at the letter A the dead hickory and run E 7 degree S 101 pole to D {is a corner at Baptist spring} at Babtists Spring thence down the spring branch till I met with the line S 36 degree E, thence continued along that line 48 poles to the letter K by the side of a gut thence up several meanders thereof to the letter F { is a large poplar at the head of a drain corner to Capt Belfield}, where stand a large poplar at the head of the drain, thence N 35 degrees W 322 pole to a stake at G on a dry point of land, thence S 14 degree W 204 pole along an old line of marked trees to the beginning which I include 210 acres of land 20 acres left out by each party in the surveys which land lies in Richmond County and binding on the north and west side of Rappahannock Creek surveyed and completed the 26th day of September 1761, William Garland , Surveyor , At a court held for Richmond County the 7th day of May 1770, this plat and report between John Belfield, gent. Plaintiff and Thomas Barnes, defendant was returned and on the motion of the said Belfield was admitted to record. Test Leroy Peachey, deputy clerk”}.
When we tract other family relations and acquaintances we find that placing Frances within the 3rd generation of Newman’s. fits well. Below is a composite of family trees for the families of Frances Newman, Thomas Newman, Robert Hopkins, Avery Dye, and Leonard Dozier.
I will leave to others to show alternate presentations.
Newman Virginia Roots 