John Stewart

  General Notes:

 
In the name of God Amen, I John Stewart of the County of Montgomery in the State of Tennessee, being sound in mind and memory unto the nineteenth day of September 1822, but being low in body strength and knowing that it is appointed for all men once to die, think it best to make and constitute this my last will and testament in manner and form following (riz): First I commend my soul to Almighty God, the giver of the life and my body to be buried at the discretion of my friends in a Christian like manner. Second: I leave to my beloved wife Mary Stuart, the negro woman, named Frank and her two children, Nicy and Abram, and two old negroes, Tom and Anna, during her natural life and three feather beds and furniture and a bay horse called Cabe, one woman'' saddle and bridle, two wheels and loom and harness belonging to the loom and residue of my property, both real and personal to be sold and the money arising from the sale of said property to be for her use during her life and after her death if any property or money should be left, then I wish an equal division of what-so-ever may be left, among any children, vis Andrew Stewart, James Stewart and Rebkat Major and further I constitute my son Andrew Stewart, my executor to this my last will and testament, in testimony whereof I herewith set my hand and seal to this my last will and testament, this day and date written.
 
Witness: R. Weakley on the first day of November 1822.
 
/s/ John Stewart {SEAL}
 
James Stewart }
John Major } Witnesses
James Knox }
James Smith }
[Montgomery County, TN] ²

  Research Notes:

 
There is very little known about John Stewart while he was living in Virginia, and one of the reasons is, that there were so many men with the same name of John Stewart that they could not be properly identified. Another reason is that Stewart and Stuart are spelled in the records with no rhyme or reason. If you look at the bible record you will see that he married Mary Weakley on April 6, 1775, and that the first child was born June 10, 1776. No other child was born until June 4, 1783. That seems to indicate that he was away in the Army fighting the British to insure liberty. The war was in progress during that period. Other children were born in 1785 - 87 - 92. An effort was made to locate the Revolutionary service through correspondence research workers but nothing definite was learned. It has been stated in several records left by Weakleys, that a man named Stewart married Mary Weakley.
 
Stewarts are about as numerous as Smiths so, to find the man named Stewart without even knowing his given name has stumped all of us researchers. The author never lost a chance to inquire about the matter, especially among the Stewart families. The first "break through" was when a deed was found in Robertson Co. Tenn. as follows:
 
Sale from Robert Weakley of Davidson Co. to John Stewart of Montgomery Co. (Robt. Co. deed F p 20) of a 200-acre tract on the north waters of Sycamore Cr. On Sept 1, 1803, being part of a Nor. Car. Grant 141 dated Aug 29, 1793 to Robt. Weakley. The deed stated; "For special regards and friendship." Stewart sold this land Nov 5, 1804 (Robt. Co. deed F p 37). Now believing his name was John, the horizon had begun to brighten and a Half Pone Creek tract of land surveyed by Robert Weakley with Samuel Weakley and John Stewart as chain carriers meant something.
 
 
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A search in the Montg Co. (this section later became Cheatham Co. in 1856) wills, showed a John Stewart with wife Mary and children, Andrew, James, and Rebkat (Rebekah) Major. This seemed too good to be true. Further inquiries led me to the home of Dr. J. M. Harris and wife, the former Lula Belle Stewart. That was the visit that paid off, for the Mary Weakley Bible was in their family, now owned by their son, Ray Harris at Thomasville.
 
 
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John Stewart received a grant of land of 186 acres from Nor. Car. (Assignee of Martin Armstrong) Grant 385 on July 13, 1797 (Tenn. Archives F6 p 180 and Montg. Co. deed B p 125) the tract was laid out by Robert Weakley on Feb 15, 1797, with Samuel Weakley and John Stewart chain carriers.
 
 
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On April 16, 1805 (Montg. Co. deed D p 382) John Stewart added a 40-acre tract, which he bought from David Passmore for $100. Benj. Weakley and A. Stewart were witnesses to the deed. It was on these 226 acres where John and Mary Stewart lived and raised their family, and died.
 
 
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Beginning in 1800 John Stewart was active in the affairs of the county. On Jan 20, 1800 he was commissioned by the Governor as Justice of the Peace (Robt. Co, Minutes Book 1 p 121). In April 1801 (Robertson Co. Minutes 1 p 174) John Stewart had delivered into court the tax list of Capt. Benjamin Weakley's Company (1801). Thomas Weakley and John Stewart were chain carriers on a survey on McAdoo Creek by William Christmas. In 1801 Samuel Weakley and John Stewart were chain carriers on a survey by Robert Weakley on Passmore Creek.
 
 
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In 1815 John Stewart certified to the signature of Benj. Weakley (Montg. Co. Minute 6 p 41) [Sandra Eatherly Cantrell] ³

  Noted events in his life were:

• Cemetery: Andrew Stewart's graveyard, near Cheap Hill, Dec 1822, , Montgomery, Tennessee, USA. ¹

John married Mary Weakley, daughter of Robert Weakley and Elinor Stewart, on 06 Apr 1775.¹ (Mary Weakley was born about 1757 in , , Virginia, USA ¹ and died on 18 Dec 1825 in , Montgomery, Tennessee, USA ¹.)

  Marriage Notes:

 
Mary Weakley's brother Thomas fought in the American Revolution. It is speculated that John Stewart also fought in the Revolution because after his marriage to Mary, they had their 1st child and no other until 1783. Of course he could have been away for another reason ⁴