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James Resources

Will of Capt. John James 1708/09 - 1778
Will of Thomas James of Fauquier Co., VA, 1729 - About 1776.
Will of Benjamin James 1746 - 1803
Will of John Thomas James - About 1749 - 1802
Will of Thomas James - 1752 - 1804
Will of Dr. Aldridge James About 1785 - 1844
Edwin W. James v. Rice W. Payne
Will of Sarah E. James 1816 - 1860
Will of Adelia James 1818 - 1844
David James 1792 - 1864
Marshall Keith James 1839 - 1871

Tarleton Fleming James 1832 - 1892


Sources and Credits on the James Family


Will of Capt. John James 1708/09 - 1778
In the name of God amen I John James of the Parish of Hamilton and County of Fauquier being sid and weak of body but of sound and perfect mind and memory thanks be to God for the same d make this my last will and testament in manner of form following viz

I bequeath my precious immortal soul to God who gave it in full hope of pardon, remission of all my sins and transgressions, through the merit and mediations of my blessed savior and redeemer Jesus Christ. My body to be decently buried at the discretion of my executors hereafter named and as to such worldly estate wherewith God has blessed me I dispose of the same as follows:

Inprimis I give and bequeath unto my son Thomas James all that piece of land lying on the easternmost side of the Spring branch, which land came by his mother and as there is a small quantity of acres of the land which came by her on the other side of the said Spring branch, I give to my said son Thomas in lieu there as much of my other lands adjoining the lands already bequeathed which land I purchased of Griffin as well make with that which came by his mother a tract of 500 acres on the whole and binding on Capt. Gibson, Capt Reness and Rodham Tullos land to him and his heirs forever, but my will is that my said son Thomas shall not possess the said bequest till after the decease of his mother.

Item I give and bequeath unto my son Benjamin James after his Mother's decease the plantation whereon I now live and as much land adjoining as well make a Trace of 500 acres bounded as follows. Beginning at the corner of John Keve's and my land thereupon the Spring Branch to the Spring thence from a marked white oak south six degrees east to the Waggon Road which leads from the Church to Briereton Jones's the said 500 acres to lye on both sides of the road and joining the land of John Crump, Col. Wm Eustace and George Crump also one negroe boy named Tom which he already has in his possission, feather bed and furniture, one cow and calf and two eues and lambs

But in case my said son Benjamin should die without .. .......the lands hereby bequeathed to go and belong to my son John James and his heirs forever.

Item I give and bequeath unto my son John James all my land lying on the Southwesternmost side of the Waggon Road of Tullous path containing by estimation 500 acres be the same more or less also one negroe boy named Moses, one feather bed and furniture, one cow and calf and two eues and lands to him and his heirs, but my will and desire is that if my said son John should die without lawful issue, the lands hereby bequeathed shall be equally divided between my sons Thomas, James and my daughters Sarah Hitt, Ann Tullos, Hannah Humes, Elizabeth Bradford, Mary Conway, Dinah Thompson and Susannah James and their heirs forever.

Item I give to my daughter Susannah James a horse, bridle and saddle, one feather bed and furniture, one cow and calf and two eues and lambs to her and her heirs forever.

Item I give to my granddaughter Hannah Hume a bed and furniture, a cow and calf and a horse to her and her heirs forever.


Item I give and bequeath to my grandson Benjamin James a horse, bridle and saddle, one bed and furniture and one cow and calf to him and his heirs forever.

Item I bequeath to my loving wife, Dinah James all the residue of my estate both real and personal during her life and after her decease all the lands not already bequeathed to my children. I leave to be equally divided among my daughters Sarah Hitt, Ann Tullos, Hannah Humes, Elizabeth Bradford, Mary Conway, Dinah Thompson and Susannah James and their heirs forever and such other real or personal estate as she shall leave at her decease to be equally divided among all my children sons and daughters and their heirs forever, but my will and intent is that the negro boy named Tom now in possission of my son Benjamin James shall bar him so much in his proportion in the division to be made at his mother's decease as the said Negroe Tom shall be valued at is.

Item, my will is that such of my slaves as I have heretofore lent is my children and their increase after the decease of my wife shall be returned and divided with the rest of my estate among all my children and if any of my children should die before such division takes place and leaves lawful issue then the issue be entitled to the same share the parent would have had.

Lastly I hereby constitute and appoint my dear and loving wife Dinah James and my sons Thomas James, Benjamin James and John James Executrix and Executors of this my last will and testament hereby revoking all former wills by me made and declaring this to be my last will and testament. In witness whereof I have hereunto set my hand and offered my seal this sixth day of November, 1777


William Grant
John Kerr
John Markham
Marmaduke Brown

Proved May 25, 1778

Will of Thomas James of Fauquier Co., VA, 1729 - About 1776.
From RootsWeb Message Board, Fauquier Co. posted by Kathleen Clifton-Duval, 1/23/2000

In the name of God Amen, I Thomas James of the County of Fauquier being of sound and disposing mind and memory do make this my last Will and Testment as follows. Imprimis my will is that my wife Mary James have and enjoy the use of one third part of all my Estate (as her dower) during her natural life to be properly set apart to her, she being subject notwithstanding to pay one third part of my debts. It is my desire that dower in lands be set apart to her out of the tract I now live on lying on DEEP RUN and at her death it is my will that her Dower descend as followeth, the land therein to my two sons George James and Thomas James and their heirs forever to be equally divided Between them and the personal estate therein to equally divided amoung all my children that may be then living

ITEM : I give to each of my four daughters namely Molly James, Agatha James, Margaret James and Elizabeth James; Two hundred and fifty pounds current money.

ITEM: My will is that my Executors make salle of the following tracts and Lotts of Land to wit: The land in Spotsylvania County that I purchased of George Sharpe, my Lott and houses in the Town of Fredricksburg, know by the name, Long Ordinary and one thousand acres of the land I have purchased of Warner Washington and the money arising therefrom to be applyed towards paying my daughters fortunes, and if it should so hapen that the sales of those lands and Lott should fall short of raising a sufficiency to discharge the same, it is my will that the deficiency be made out from such other part of my Estate as can be most conveniently spared, it is my will that my Daughters have their Fortunes paid to them as they respectively arrive to the age Twenty One years or are married, and in case that either or any of them should Depart this life before they are intitled to receive either portions agreeable to my will, in that case such part of parts to descend to the Survivors of them.

ITEM: I give and bequeath all the rest and remainder of my Estate bothe real and personal not herein before particularly devised to my said two sons George James and Thomas James and their heirs forever to be equally divided Between them.

Lastly I so constitute and appoint my friends, Charles Bruce, Thomas Hoard, Gerard Banks, and my brother, John James, Executors; to this my last Will and Testament. In Testimony whereof I have hereunto set my hand and seal this ninth day of April One thousand Seven hundred and Seventy two.

Sealed, acknowledged and declared - Thomas james (ls) (kcd) by the said Thomas James as and for his last Will & Testament in the presence of
James Crap Jun.
James Allen
John James
William Delany
Benja. Crump
H. Smith

Will of Benjamin James 1746 - 1803
In the name of God amen I Benjamin James of the County of Fauquier and State of Virginia being weak and sickley of body but of sound mind and memory do constitute and appoint this to be my last will and testament in manner and form following after my just debts and funeral expenses be discharged and paid

Item it is my will and desire that my loving wife Elizabeth shall possess and enjoy the tract of land I now live on during her life and at her decease to be equally divided among the children she has by me also I give and bequeath to my wife the negroes hereafter mentioned Anthony, Winny, David, George, Mary, Agga, Adam and Lewis to possess the said negroes during her life and after her decease to be equally divided among the children she has by me but the increase of the said negroes she may dispose of as she may think proper.

Item I give and bequeath to my son Benjamin two young negroes one by the name of Tom and the other by the name of Polly children of Mary which he is not to possess till the first day of October 1805. I give the said negroes to him and his heirs forever. Also I give my son Benjamin one negroe man by the name of Tom which is now in the Indian Country. Also one horse bridle and saddle which said horse he has now in possession but not to be at his disposal till he comes of age which will be the first day of October 1805. Also I give my son Benjamin all that tract of land I purchased of John and William Scott which sais tract is situate and lying on the Tombigba River a little below the falls of said river, I give the said tract of land to him and his heirs forever. Also i give my son Benjamin all that tract of land situate and lying on the Big Black Creed a branch of the Massesipa River containing 600 acres. I give it to him and his heirs forever.

Item I give and bequeath to my son Thomas two young negroes one named Jack the other Lucindia but it is my will that he is not to possess them until he comes of age.

Item I give and bequeath to my son John two young negroes one by the name of Lucy the other Judy but not to possess them until he comes of age. It is my will that my sons Thomas and John shall also possess the increase of the said negroes when they come of age I give them to them and their hiers forever

Item it is my will and desire that my wife shall give bo my children she has by me one feather bed and furniture at the time they come of age. Also it is my will that at her decease all the stockof every kind household and kiethen furniture and plantation utensils shall be equally divided among the children I have by her.

Finally I constitute and appoint my cousin Joseph James and my son Benjamin Executors and my loving wife Elizabeth Executrix of this my last will and testament hereby and making void all other will or will heretofore by me made and declare and pronounce this to be my last will and testament.

In witness where I set my hand and seal this 27th day of September, 1803
Benjamin James
Peter Conway
George Settle

Proved January 23, 1804.

Will of John Thomas James - About 1749 - 1802
In the name of god amen I John James of the County of Fauquier and State of Virginia do constitute and appoint this to be my last will and testament in manner and form following after my just debts and funeral expenses be discharged and paid,

Item I give and bequeath to my daughter Mary two negroes (to wit) Troy and Nancy dughter to Jane to her and her heirs forever,

Item I give and bequeath to my daughter Margaret two negroes namely George and Lydia to her and her heirs forever

Item I give and bequeath to my son Aldridge two negroes namely Robin and Jamina to him and his heirs forever

Item I give and bequeath to my son David two negroes namely Edward and Elijah to him and his heirs forever

Item it is my will and desire that the above legacies shall not be in the actual possession of my said children until they come of age or at the day of their marriage but shall be for the benefit and advantage of their mother during their nonagu and as they come of age the said negroes and their increase shall be delivered to them and be their actual property.

Item it is my will that the balance of my estate not before given or mentioned shall be at the disposal of my wife Elizabeth as she shall so cause except my land that was given me by my father's will which said tract of land shall be equally divided between my two daughters Mary and Margaret when they come of age and be their actual possession to them and their heirs forever.


Lastly I constitute and appoint James Wright, my sons Aldridge and David executors and my wife Elizabeth Executrix of this my last will and testament. In witness whereof I have hereunto set my hand and seal this eighth day of September, Eighteen hundred and one.
signed sealed and acknowledged in presence of us.
John James LS

Peter Conway
Bretain Lewis
Benjamin Bronaugh
John Shumate Sr.

At a court held for Fauquier County the 26th day of April, 1802. This Will was proved by the oath of Peter Conway as witness thereto and ordered to be certified and on the motion of James Wright one of the executors therein named who made oath and together with Thomas Keith his security entered into and acknowledged bond in the penalty of ten thousand dollars conditioned as the law directs certificate is granted him for obtaining a probate thereof in due form. And at a court held for the said County the 24th day of May, 1802 the same was further provided by the oaths of Benjamin Bronaugh and Britain Lewis two other witnesses thereto and ordered to be recorded.

Test.
L. Brooke.

Will of Thomas James - 1752 - 1804
WB4 p 14 proved 9/24/1804
to son Benjamin James one bed furniture
to daughter Sally James 2 beds furniture and 2 pounds money
Balance of estate divided among my children Frances Suttle, Elizabeth Green wife of John Green, Sally James, Dinah Green wife of George Green, Molly Mason wife of John Mason, John James, Benjamin James, Thomas James Jr., William James, Joseph James, George James and Daniel James

Feb. 1, 1805 Summons to Fauquier Chancery Court
Summons for Thomas James and William James devisees of Thomas James deceased to answer a bill against them by William Settle and Frances his wife, John Green and Elizabeth his wife, Sally James, John James, Benjamin James, Joseph James, George Green and Dinah his wife, John Mason ad Polly his wife, George James and Daniel James also devisees of Thomas James deceased.
No Bill or Answer so must have been settled.

Will of Dr. Aldridge James About 1785 - 1844
Will abstract from Dee Ann Buck Abstracts of Fauquier County Wills, Inventories and Accounts 1800-1865
May 25, 1836 proved Feb. 23 1846 document drawn up because he was about to take a trip from home, Wife Elizabeth to have all my estate. no executors, Wit: Thomas L. Moore & Inman Horner, Book 20,10.

Edwin W. James v. Rice W. Payne
1861-030 Chancery Court, Fauquier, Edwin W. James vs. Rice W. Payne, Admr. of Sarah E. James, decd.
Edwin W. James complains that Sarah E. James recently of Fauquier, recently deceased, made will which was recorded (and attached supposedly but not included here). No executor named in will, May term, 1860, Rice W. Payne named administrator.
By the will Sarah bequested the whole of her estate except her land to be equally divided between her sister Susan K. James, and her brothers Waverly James, Duncan James, David T. James and your orator. Will further provided that Susan K. James should hold the property of the orator and Waiverly in trust. Estate has been appraised, 19 slaves, many of whom are young and will appreciate in value, appraised at $10,000. Liabilities are between 5,000 and $6,000 and will be paid through sale of personalty and some slaves. Rice Payne has advertrised to sell 12-15 slaves on July 23, 1860 before selling perishable property or ascertaining accurately debts and liabilities. States sale should not take place.

Will of Sarah E. James 1816 - 1860
To my sister Susan K. James my house and land until she marries, then only heir share
All property of every other kind divided equally between my sister Susan K. James, and my brothers Edwin W. James, Waverly James , Duncan James and David T. James.
Susan shall hold the property in trust for Edwin and Waverly.
Will that they all live together, but if Duncan or David marry or desire to live apart, they must take their share.

Will of Adelia James 1818 - 1844
Will abstract from Dee Ann Buck Abstracts of Fauquier County Wills, Inventories and Accounts 1800-1865
Will Jan. 1844, Proved May 27 1844 Sister Sarah E. James entire estate. Exrs. Sarah E. James, Wit: Aldridge James, Duncan James and Edwin N. James, Book 19, 25.

David James 1792 - 1864
Fauquier County, Virginia Deed Book 37 page 19
KEITH, Isham (trustee) 5 Dec 1836, 9 Dec 1836 Release of Deed of Trust - where as David James on 8 Sep 1835 conveyed certain named property to be held in trust, give as a tract of land containing 500 acres, whereon said David James lived, slaves: Nancy, Ann & Alfred, wagon with horses & household items, now he releases said items to his wife Susan James, signed by John Keith, received by Thomas P Knox CC Book 37 page 19.

David James sells 20,600 acres in KY, to which entitled thru marriage to Susan Kieth, daughter of Thomas Kieth, for $300 to Isham Keith
Mss1K2694a 83-91 Va Hist. Society, Richmond
This indenture made and entered into on the 26th day of August 1839 by and between David James of the first part and Isham Keith of the second part witnesseth that whereas the said David James is entitled by virtue of his marriage with Susan Kieth daughter of Thomas Kieth deceased formerly of Fauquier County, Virginia, to an interest as husband of said Susan in a certain large survey of land lying in part in the county of Lewis State of Kentucky, which calls for twenty thousand and six hundred acres and is said to bind on the waters of Kenenishenis Creek, near the river Ohio; and whereas the said David James and Isham Kieth (both being citizens of Fauquier County State of Virginia) have bargained and agreed together in relation to the interest of said James in said survey - in consideration whereof, and in consideration of the sum of three hundred dollars paid and advanced by said Isham Kieth on an execution for said David James - the said David James has by this deed and doth, bargain sell alien and convey to the said Isham Kieth, all right title interest and claim in and to the said land in the State of Kentucky, described above and further known in said Sate as "Kieths big survey" (having been patented to Thos Kieth the father of said David James wife, which to him the said James in any wise pertains, or may be vested in him, to have and to hold to him the said Isham Kieth and his heirs in absolute fee simple. In testimony whereof the parties here to have set their hands and affixed their seals this day to date above written. David James (seal)

Fauquier County, State of Virginia
We Dudly Fitzhugh and Jos Thompsn, Justices of the Peace in the County aforesaid, do hereby certify that David James, party to a certain deed bearing date 26th August 1839, and hereto annexed, personally appeared before us in ???? and acknowledged the same to be his ??? and deed, who desired us to certify the same to the Court of Lewis County Kentucky in order that the same may be recorded Given under hand and seals this 26th day of August 1839.
Dudly Fitzhugh (seal)
Jos Thompson (seal)

Virginia, Fauquier County, to wit:
I Alexander J. Marshall Clerk of the County Court for the County of the aforesaid, do hereby certify that Dudly Fitzhugh and Joseph Thompson whose names are subscribed to the preceding certificate are now and were at the date thereof Justices of the Peace in and for the County aforesaid, duly commissioned and qualified to act as such and that full faith and credit are due to all their official acts as such as were in Courts of Justice as there out.


In testimony whereof, I have hereunto subscribed my name and affixed my seal of office this 27th day of August, 1839 and in the 64th year of the Commonwealth. A.J. Marshall, ?

Virginia, Fauquier County to wit:
Thomas Fitzhugh eldest and presiding magistrate of the County Court for the County and State aforesaid, do hereby certify that Alexander J. Marshall who hath given the preceding certificate is Clerk of the said Court and that his said attestation is in due form.
Given under my hand and seal this 27th August 1839. Thos Fitzhugh (seal)

Marshall Keith James 1839 - 1871
From American Civil War Soldiers, Ancestry.com:
Born on 16 April 1839.
Described as having a fair complexion, blue eyes with black hair.
He was 5 feet 8 inches tall.

Service Record:
Enlisted as a Private on 25 April 1861 at the age of 22
Enlisted in Company H, 4th Cavalry Regiment Virginia on 25 April 1861.
POW on 31 May 1862 at Hanover Court House, VA
Confined on 09 June 1862 at Fort Delaware, DE
Exchanged on 05 August 1862
POW on 18 April 1863 at Orleans, VA
Exchanged on 24 April 1863
Promoted to Full Lieutenant 2nd Class on 01 September 1863
POW on 09 October 1864 at Culpeper Court House, VA
Confined on 27 October 1864 at Fort Delaware, DE
Oath Allegiance on 17 June 1865 at Fort Delaware, DE.

Tarleton Fleming James 1832 - 1892
From American Civil War Soldiers, Ancestry:
Born on 03 October 1832.
Described as having a fair complexion, blue eyes with light hair.
He was 5 feet 10 inches tall.
Residence: Bealeton, Virginia Occupation: Agriculturalist
Service Record:
Enlisted as a Private on 01 March 1862 at the age of 29
Enlisted in Company H, 4th Cavalry Regiment Virginia on 01 March 1862.
Horse killed on 10 July 1863 at Funkstown, MD
Wounded on 15 July 1863 (Estimated day)
Paroled on 04 May 1864 at Winchester, VA.


Sources and Credits on the James Family

Kelly Bible from Library of Virginia, David Wright Kelly, Bible Records Collection 22500, on line

Tarleton Fleming James & Lucy Elizabeth Armstrong Bible, Virginia Historical Society, Richmond, Mss6:4J2345:1

Overwharton Parish Register, Stafford County, VA 1723-1758 by George H.S. King

Wills, Administrations and Marriages, Fauquier County, VA 1759-1800 by J. Estelle Stewart King, 1939

Fauquier Families 1759-1799 by John P. Alcock

Fauquier County, Virginia Marriage Bonds 1759-1854 and Marriage Return 1785-1848 by John K. Gott, Heritage Books, Inc.

Fauquier County Tombstone Inscriptions, Volumes 1 and 2 by Nancy Baird, Carol Jordan and Joseph Scherer

Leonard Wood

Dick Overgard

Dennis Kemper

Eric James at www.ericjames.org

Abstracts of Fauquier County Wills, Inventories and Accounts 1800-1865, Dee Ann Buck,

Marriage Records before 1850 Southern States, FTM CD # 229

Randolphs of Virginia, by Jonathan Daniels 1972

Washington Ancestry and Records of McClain, Johnson and 40 other Colonial Families, by Charles Arthur Hoppin, 1832, FTM website

Marriage Index:  District of Columbia, Delaware, Maryland and VA 1740 - 1920 on Ancestry.com
Fishback Family Genealogy at FTM website

LDS film # 849505 Fauquier VA DAR, Kelly/Thompson

Hayden's Genealogies

 


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