The Family Garden

Notes


Josiah I FOSTER

Alphabetical List of Officers of the Continental Army
Fifteenth Virginia, page 234
Foster, Josiah (Va). Captain Virginia Militia, 17751776.

Josiah was born in Southside Virginia about 1753.  (Note - he is listed as JR probably because he was most likely named after his Uncle Josiah or cousin Josiah - in this time period Jr. usually meant "the younger" and not the "son of". lcw & wbr)  Josiah lived during the reign of the English Kings.  He was born near the end of the French and Indian War with the English.  He began life on the frontier and was undoubtedly familiar with India problems.  Josiah's father died when he was about 9 or 10 years old.  His mother remarried a Thomas Buckner after the death Of Josiah's father.  

The Foster family had already been in Virginia for many years.  They were a very close family and many branches lived near and in Charlotte County at this time.  To illustrate the closeness of the Fosters in their residences, I found a land transaction in Charlotte County….this deed transfer took place in 1798 and was from a Mr. Page to a Mr. Neville.  The description is as follows:  "One hundred forty four acres bounded as follows, beginning at a white oak on George Foster's son of William Foster to a corner red oak and thence along James Johnson's line to George Foster's line, son of Josiah Foster and thence along George Foster's line to John Foster's line, then along John Foster's line to the beginning."

We have little record of Josiah Foster Jr's life.  We find more about him at death.  He died in 1796 leaving no will and leaving six orphan children.  The youngest, Peggy, was about six years old.  His wife was not mentioned in the estate settlement and had preceded him in death.  His estate was settled by Court action.  The first entry in Court records in Charlotte County, VA concerning his death is an inventory of his personal property presented to court on January 5, 1797:

One Negro named Bob One sorrel mare
One Negro named Melvin One bay horse
One Negro named Charles One young bay horse
One Negro named Sam One roan colt
One Negro named Rose Seven sets of beds and furnishings
One small Negro boy Pompey              One desk
One small Negro boy Pleasant                   One painted desk
One walnut box 1 pine table and candle stand
One parcel of Pewter 1 meal bag
Knives, forks, and pepper box                  1 tub
Crockery ware and tea spoons                  old iron
One parcel of tallow parcel of wool
24 head of cattle 1 bag of cotton
13 head of sheep parcel of flax
14 head of hogs 1 bushel of beans
16 fat hogs 1 peck of peas
1 mans saddle 1 razor strap
1 woman's saddle 80 barrels of tobacco
1 slate 1 sythe blade
1 pair saddle bags 1 bag cotton
1 old saddle 2 combs
1 pair flat irons 1 large box
4 reaping hooks 1 bag cotton
1 tenant saw parcel of oats
2 old planes 1 top sack
1 looking glass 3 stacks of blades
1 chisel and parcel of steel 1 parcel of books
1 smooth bore gun 9 geese
1 center bit 6 ducks
1 butter pot and 2 jugs 1 parcel of oats
horse hames 1 pocket book
4 bridles 9 stacks of blades
4 raw hides 2 stacks of tops
1 old tug 1 old walnut chest
dutch ovens 1 stack of oats
2 old wheels 3 sows and pigs
1 loom 1 bell
3 old rush chairs
3 yarn blankets and 2 sheets

It is interesting to find what a household would contain in the 1700s.  The second record in the Charlotte court records concerning Josiah Jr. is a record of the sale of the estate.  The account was presented July 3, 1797.  Administrators were William Foster and George Foster.  Many relatives bought items when his estate was sold.  

The final court records is as follows:

"We the subscribers, pursuant to an order of the County Court of Charlotte bearing the date of 1st day of July 1799 directing a further division of the estate of Josiah Foster Jr., deceased, among the several distributes children of the said Foster; have met for that purpose and made the following division:

To Mary Webb (oldest childe, recently married to Lazarus Webb in 1797) her part of L10.16.1 , the balance of the money in the hands of the administrators as by account
………………………………………………………L. 1.16.04
to George Watt Foster his 1/6 of same………………L.1.16.04
to Judith Foster her 1/6………………………………L.1.16.04
to Richard Foster his 1/6……………………………..L.1.16.04
to William Singleton Foster his 1/6………………….L.1.16.04
to Peggy Foster her 1/6………………………………L.1.16.04

By the amount of money in the hands of the minors and by their account current recorded on 1 July 1799, nothing further being submitted to us for division, given under our hands this 19 Day of November, 1799."

Essentially, all we have about this man is a report of his death.  Shortly after his death, his oldest daughter married Lazarus Webb and only lived a few years.  Our Richard married Elizabeth Mann Foster and moved to Tennessee.  George Watts Foster married Betsy B. Hatchet in 1802.  Judith married John hatchet in 1803 (brother of Betsy B.)  The baby Peggy was made a ward of William Foster and was married to a John Foster in 1809.
He was probably born in the time his father lived in Prince William County which was formed from Stafford County.  This was in North Virginia close to the present Washington D.C.  Sometime early in the 1700's, this family moved to Southern Virginia to the County of Luneburg which was divided later into several counties, one of which was Charlotte.

George Jr. Married Mary _____ and started his family in Luneburg County.  He acquired large land holding in Luneburg and Caroline Counties.  This ancestor lived through the French and Indian War.  He helped pioneer the new settlements in Southwest Virginia.  He was born a few years before George Washington and may have known him in Northeast Virginia.  

At the age of 35, George Foster Jr. died in Luneburg County.  He left his wife, Mary and three living children.  A little daughter was born shortly after his death.

His will is found in Luneburg County Wills, Book Two, Page 19.

He gave his wife Mary "the plantation where I now live for widowhood and after her death of remarriage, this is to go to my son John Foster and his heirs.  To my son Josiah, the tract of land purchased from Moses Hall containing 200 acres.  To my daughter Sarah, the land in Caroline County containing 200 acres.  The residue of my estate to be divided between my wife Mary and my three children, John, Josiah, and Sarah at the discretion of my executors."  It was noted that the children were all under age.

Dated:  30 August 1762                                              Recorded:  5 October 1762

George Jr. was unaware at the time of preparing his will (he was probably on his deathbed) that Frances Ann was on the way.  She was not mentioned in the will.

Mary Foster, the widow, later married a Thomas Buckner.  The oldest sons, John for some reason was made the ward of his Uncle William Foster.  The following interesting court record is found in Charlotte County records:

"2 October 1769, We Thomas Buckner and Mary Buckner, wife of said Thomas Buckner, for and in consideration of the sum of 15 pounds lawful money of Virginia to them I hand paid by William Foster, guardian of John Foster, son and heir of George Foster, the receipt is hereby acknowledged, have devised, rebound, and forever quit claim unto John Foster heir of George Foster deceased in fifty six acres of land being all Mary Buckner's dower which she held in right of her late husband George Foster, being part of a tract of one hundred sixty eight acres lying on Spring Creek, being the plantation whereon the said Mary his wife now lives.  The residue the said land being willed to John Foster, son and heir of the said George Foster."

Why was John made a ward of his Uncle William?  Was it necessary for William to force this action and pay for land that already belonged to his ward?  We don't know.

A more interesting record comes to us from the deed books of Charlotte County, dated October 1797, thirty-eight years later.  Remember that Uncle William Foster was administrator of the estate of Josiah Foster, Jr., another son of George Foster Jr.  Apparently action was taken to obtain Josiah's inheritance for his orphan children.  This interesting record also proves our ancestral claim - Richard Foster, Josiah Foster Jr - George Foster Jr.

"This indenture made this twelfth day of October 1791, between Mary Buckner, widow of Thomas Buckner of one part and Mary S. Singleton Foster, George Watt Foster, Judith Foster, Richard Singleton Foster, Will Singleton Foster and Peggy Foster, children and orphans of Josiah Foster, Jr. deceased of the other part.  Witnesseth that the said Mary Buckner for an din consideration of the sum of seven pounds current money to her in hand paid, the receipt thereof she doth hereby acknowledge, hath granted, bargained, sold, released and confirms by these presents…to the said Mary S. Foster, George W. Foster, Judith Foster, Richard Foster and Peggy Foster, sixty six acres of land whereon the said Mary Buckner now lives being her dower estate of two hundred acres of land which were former husband George Foster was seized an fee at the time of his death and which descended from the Said George Foster to his son, Josiah Jr. to have and to hold the said tract of land…..Witness thereof the said Mary Buckner hereunto places her hand and seal."

            Her
Mary     X     Buckner
          Mark

We don't know all the history behind this transaction.  Why did it take 28 years for Josiah Jr.s right to the land?  We don't know, but we are grateful for the genealogical information.  

Note from Linda Walker - from reading these 2 transactions, it seems as if Mary Foster Buckner took possession of her children's inheritance and they had to "buy" it back from her.   

*Source:  Foster....Foster.....Foster  Compiled by Henry Ashcroft, 1989  
Retitled and retyped by Bill & Eva Roberts "Richard Singleton Foster & Elizabeth Mann Foster of Keysville, Charlotte County, Virginia and Stiversville, Maury County, Tennessee", generously shared with me by Bill & Eva Foster.


George Washington FOSTER

From Virginia Marriages to 1800:
Virginia Charlotte County
Foster, George married Wilkes, Sally on 05 Sep 1785 in Charlotte County, Virginia

The first record we have of George is from the Revolutionary War records of Virginia.  The record states "George Foster, Number 1870, was a soldier in the Continental Line."  This was in 1780.  

From Bounty farm warrant records:

George Foster    Private   Virginia Line
Warrant 12313 and 13970
Acreage 100 Issues June 19, 1793

The marriage of George Foster and Sarah (Sally) Wilkes is in the public records.  From Charlotte County we find the following:  "5 September 1785.  George Foster and Sally Wilkes, daughter of  Benjamin Wilkes who is Surety.  Married Sept 29, 1785".

In 1797, he was still in Charlotte County.  He was present at the sale of the personal items from Josiah Foster Jr.'s estate.  As a purchaser in the court records, he is listed as George Foster, son of William.  We believe he was still in Charlotte County, Virginia in 1804.  His daughter was married in that year in Charlotte County to our Richard Foster.  The Charlotte County record sates, "28 Aug. 1804.  Richard and Betsy Mann Foster, daughter of George Foster, surety William Foster.  Married August 30, 1804."

According to a descendant, Mrs. Ruby Michael of Parma Missouri, George Foster exercised his option for War Bounty Land.  He received land on Morgan Creek, Hickman County, Tennessee in 1815.  We know he was in Hickman County, TN in 1832.  He applied for a pension for Revolutionary War Service.  The application, in his own words as follows:

I was mastered (mustered) into service at the court house of said County (Charlotte) as a militia.  Marched from Thence to Petersburg and there remained until discharged after having served a tour of three months.  From there I went home.  This tour was performed in the year 1780.  After this I volunteered to serve a tour of 6 weeks in 1781 which was received as one of six months by the State of Virginia.  Under Captain Spencer we were marched to Guilford Court House, North Carolina and fought the battle known in history by that name which battle I was in.  From there we marched to Deep Ramsey's Mill where I was mastered (mustered) out of service for a tour of six months although I did not actually serve that long."

George's pension application was denied by the War Department because he did not serve six months minimum service and he did not have a clergyman witness his application.  He had  already received bounty land however!

George Foster was involved in the settlement of his father's William's will in 1824.  He was an executor of the estate of his sister-in-law in the 1830's.  This last record states, "George and William H. Foster were appointed administrators by the court and when it found that she had a will that named executors, they remained executors because one executor was dead the other relinquished his right…..her estate was to be divided among 5 brothers and sisters, but at her death, only one was alive and that was Sarah Wilkes Foster, wife has died leaving George Foster, her husband, their children William H., Richard, and Benjamin W.".  

*Source:  Foster....Foster.....Foster  Compiled by Henry Ashcroft, 1989  
 Retitled and retyped by Bill & Eva Roberts "Richard Singleton Foster & Elizabeth Mann Foster of Keysville, Charlotte County, Virginia and Stiversville, Maury County, Tennessee"


Sarah WILKES

Source:  Kindred Konnections
http://www.kindredkonnections.com/cgi-bin/genealogy/new/getnped?76071+1039919006+100010+English+0-0+N165+2878+0


John Robert STEWART

Two of his brothers (George and Moody) patented land in Huntsville, Monroe County, Mississippi.  This may not be our John, who patented the below listed lands, but it seems likely that it is.

27 Feb 1841   Doc. # 30673   40.1 acres

27 Feb 1841   Doc. # 30674   39.73 acres

27 Feb 1841   Doc. #. 6597     79.91 acres


Elizabeth Carolyn EGGAR

Sisters Susannah and Caroline Eggar married Stewart brothers, John Robert and Lafayette respectively.


John Robert STEWART

Two of his brothers (George and Moody) patented land in Huntsville, Monroe County, Mississippi.  This may not be our John, who patented the below listed lands, but it seems likely that it is.

27 Feb 1841   Doc. # 30673   40.1 acres

27 Feb 1841   Doc. # 30674   39.73 acres

27 Feb 1841   Doc. #. 6597     79.91 acres


Thomas WHEELER JR

Thomas Wheeler, eldest son of his family, was born about 1590 and grew up in Cranfield, Bedfordshire. He married there on May 5, 1613 to Ann Halsey. This was a double wedding with Robert Halsey and Ann Wheeler. Presumably it was a case of brother and sister marrying a sister and brother, but the relationships have not yet been proven. From a Bedfordshire tax list, the Roll of Arrears of Payment of Ship Money, 1637, is listed, "Thomas Wheeler gone into New England, 010500". He was made a freeman of the colony on April 17, 1637.

Thomas Wheeler came to America with numerous other Wheelers and was in Concord, Massachusetts for a time, where he was called Thomas Wheeler Senior.  He, his family, and others went to Fairfield, Connecticut with the Reverend John Jones in September 1644.  Land was recorded to him in January 1649/50 and, at the same time, land adjacent to his was recorded to Thomas Wheeler, Jr.  

He is said to have settled at Black Rock, erecting a stone house or fort, on whose plank roof he mounted two four-pounders, one pointed toward the mouth of the harbour, and the other toward the Indian fort (now called the Old Fort) at the head of the harbour. The Indian fort had at times a garrison of 200 Indians and served as their protection in the numerous wars they had with the Indians of the interior.

Thomas made his will in 1654, bequeathing to his sons John and Thomas, also to his brother "Lieut. Thomas". The will of his widow Ann was probated on August 21, 1659
*Sources:  
(1) The Ancestry of Edward Wales Blake - Edith Bartlett Sumner,  1948 (pgs.259-260);
(2) History of the Wheeler Family in America - Albert Gallatin Wheeler, Jr., 1914 (pg.200);
(3) Fifty Great Migration Colonists to New England & Their Origins - John B. Threlfall, 1990 (pgs.501-503)
(4) History and Genealogy of the Families of Old Fairfield, Vol. 1 - Donald Lines Jacobus, 190 (pg.662-3)

Listing of  children from another source (does not include our Mary):
1. Ann, bap. 30 Jan 1613-4, bur. Cranfield 16 Jul 1615
2. Alice, bap. 15 Jun 1616, m. 16 Oct 1634 John Billington, bap.
  14 Feb 1612-3, bur. Eng. 26 Sep 1671
3. Anna, bap. 15 Feb 1617-8, m(1) abt. 1639 James Bennett, d. 1659,
  m(2) Joseph Middlebrook, b. abt. 1610, d. 1686
4. Thomas, bap. 9 Apr 1620, d. Concord, MA 24 Dec 1704,
  m(1) Sarah Merriam, d. Concord, MA 1 Feb 1676-7, m(2) Concord
  23 Jul 1677 Sarah (Beers) Stearns, b. Watertown, MA 5 Dec 1639,
  d. Concord 21 Jan 1724
5. Elizabeth, bap. 4 Nov 1622
6. John, bap. 27 Feb 1624-5, d. 1690, m(1) 1660 Judith Turney,
  b. abt. 1635, d. abt. 1673, m(2) Elizabeth (Henry) Rowland
7. Sarah, bap. 10 Aug 1628, d. bef. 1659, m. Thomas Sherwood, Jr.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Thomas was of Fairfield in 1645, was a lieut. in 1653, came from Concord with first sett. bring. w. Ann, and ch. prob. all adult, or marriagable, exc. one or two and perhaps his eldest s. Thomas may not have accomp. the f. At least from his will, pro. 23 Aug. 1654, wh. we read imperfect. as part of the rec. in this place is burn. it is clear that the est. in Concord, old homestead, was giv. to Thomas; Fairfield est. to John; with notice of wid. and three ds. of wh. Hannah, the eldest, m. a 1639, James Bennett, had two ch. at Concord, and was now d. leav. four; ano. was Sarah Sherwood; and a third not m. without name. His wid. in her will of 21 Aug. 1659, pro. Oct. foll. names eldest s. Thomas, and ch.4
*Source:  Savage

From the History of the Wheeler Family in America, 1914, Albert Gallatin Wheeler, Jr: Thomas Wheeler came to Ameirca with the Rev. John Jones' Company in the ship Defiance, which landed in New England 3 October 1635, for, with his wife, children, and most probably some grandchildren, he was in Concord as early as 17 April 1636/1637, when he was made freeman there. Of his life in Concord, substantially nothing is known. Being a supporter of the Rev. John Jones at the time of the dissension in the Church at Concord, he became one of those who removed with him to Fairfield in 1644, settling at Pequonnock, on Uncoway Brook, where his home lot of 2.5 acres is recorded, January 1649. This was at Black Rock. His will was dated 16 January 1653/1654, and proved 23 August 1654, mentions his wife Ann. To his eldest son Thomas he gave all of his property in Concord. He also mentions his daughter Sarah Sherwood and her son Thomas Sherwood; and his grandchildren Mary, James, Thomas and John Bennit. His son John was made executor and was to received the estate in Fairfield.
*Source:  http://aleph0.clarku.edu/~djoyce/gen/conn/rr01/rr01_151.html
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Raymond David Wheeler untangled the Concord Thomas Wheelers in "The Wheeler Genealogy", 1993. The trouble started with Thomas Wheeler b. ca. 1560, d. 1634/35 in Cranfield, Bedfordshire, England. He married twice, and named sons by each wife Thomas Wheeler. Thus there were half brothers named Thomas Wheeler in Concord from about 1638 to about 1644, when the oldest brother moved to Fairfield, Connecticut. The older brother, b Cranfield abt 1588, is called Thomas Wheeler, Sr. by most genealogists. The younger, bapt. Cranfield 8 Dec. 1621 is Capt. Thomas Wheeler. Both Thomas Sr. and Capt. Thomas had sons named Thomas, with Thomas Sr.'s son (Sgt. Thomas Wheeler) of nearly identical age to Capt. Thomas Wheeler, and living in Concord until his death (Sgt. Thomas' death, that is) in 1704. Sgt. Thomas Wheeler married Sarah Merriam. Another Wheeler of Concord, George, also had a son Thomas who Savage also confused with Capt. Thomas. The Alice Wheeler who died in 1641 was the daughter of Thomas Wheeler, Sr. and Anne Halsey, not Capt. Thomas Wheeler.
*Source:  http://awt.ancestry.com/cgi-bin/igm.cgi?op=GET&db=jmljr&id=I61943
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
In 1644 Concord, Massachusetts was a small town and not large enough to accomodate two ministers - the Reverend Peter Bulkeley a nd the Reverend John Jones. Sixteen families, including Thomas Wheeler Sr. and family, went to Fairfield, Connecticut with Reverend John Jones to found the town of Fairfield, Connecticut.
*Source:  History and Genealogy of the Families of Old Fairfield by Donald Lines Jacobus 1887 - 1970.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Books to research:  
1.  D.L. Jacobus' "History and Genealogy of the Families of Old Fairfield."
2.  Wheeler Family of Cranfield, Bedfordshire, Settlers of Colonial England, Vol. 1,The Descendants of Thomas Wheeler of Bourne End, Cranfield, Bedfordshire,  Author: Raymond David Wheeler


Thomas GARNETT

"Hotten's Lists"

The Original Lists of Persons of Quality; Emigrants; Religious Exiles;Political Rebels; Serving Men Sold for a Term of Years; Apprentices;Children Stolen; Maidens Pressed; and Others Who Went from GreatBritain to the American Plantations 1600-1700.
From Mss. Preserved in the State Paper Department of Her Majesty'sPublic Record Office, England.
Edited by John Camden Hotten.
Chatto and Windus, Publishers, London, England, 1874.
(Also reprinted by G.A. Baker & Co., Inc., New York, 1931.)

1610 The Swan, from London, arrived at Virginia
Garnett, Thomas . . . .
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~Virginia Muster, February 7, 1624/5
Found in the household of Thomas Garnett:

Thomas GARNETT     aged 40      (Came to America) in the "Swan" 1610
Elizabeth GARNETT  aged 26      (Came to America) in the "Neptune" in 1618
Sussan GARNETT      aged 3         borne in Virginia
Ambrose GYFFITH   aged 33       (Came to America) in the Bona Nova [November] 1619
Joyse GYFFITH        aged 20       (Came to America) in the Jacob 1624

There was a Thomas Garnett born about 1580 of a Casterton (in Kirby Lonsdale Parish, England) family, probably a son of Robert Garnett who left a will which was proved in 1592.   Thomas died in 1625.  He left a son John  who died in Kirby Lonsdaly and was buried there on 13 Mar 1667, leaving a large family.  This Thomas Garnett is likely the Thomas Garnett in the Virginia Muster listed above, based on the following assumptions:  
1.  Thomas likely married in England abt 1606 and had a son John prior to coming to Virginia in 1610.
2.  Thomas wife (mother of John) either died in England or prior his marrying Elizabeth (listed in the Virginia Muster above).  
3.  Thomas returned to England for some reason and died there in 1625.
4.  His son John came to Virginia to take posession of Thomas' estate
5.  Some time before 1667, John returned to England and died there.  

(some notes about the above - A Thomas Garnett received 200 acres of land in 1635, which some believe is the Thomas Garnett of the Virginia Muster.)
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
The surname was originally of French Norman origin, appearing as GERNET in the Doomsday book for the county of Essex, England. Later branches of GARNETTs migrated to Virginia and were among the earliest settlers in the Jamestown colonies.  *Source:  Internet
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Order of Descendants of Ancient Planters
The term "Ancient Planter" is applied to those persons who arrived in Virginia before 1616, remained for a period of three years, paid their passage, and survived the massacre of 1622. They received the first patents of land in the new world as authorized by Sir Thomas Dale in 1618 for their personal adventure.  Thomas Garnett is listed as an approved Ancient Planter qualifying his descendants for membership in this organization. *Source:  Internet
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
The following is here for research to see if it fits anywhere?

16 Apr 1683 (VA Land Grant Book 7:239) John GARNETT grant of 260 acres of land lying on the south side of Garden Creek in Gloucester County, between the lands of John SMITHER and John DIGGES; 180 acres of which had been purchased by him of Humphrey ROY on June 15, 1676, and the remaining 80 acres being due him for the transportation at his own cost into the Colony of two persons, Elizabeth TINDAL and Thomas COMBS.

Notes: In the 1704 Quit Rent Roll of Gloucester County John GARNETT is listed as owning 250 acres. In a deed of June 8, 1709, recorded in Essex County, Virginia Deed Book No. 13, p. 225, the grantor, Thomas GARNETT, of St. Anne's Parish, Essex, planter, is described as "one of the sons and devisees of John GARNETT, late of the Parish of Kingston, in the County of Gloucester". In consideration of 3,500 pounds of tobacco Thomas GARNETT conveys unto John FOSTER 50 acres of land on the south side of the Rappahannock River, being part of a tract of 600 acres purchased by John GARNETT, deceased, from John BARKER, lying on the Rappahannock River near MOSELEY'S Quarter, and more particularly the said Thomas GARNETT'S share of the 150 acres which John GARNETT had by his last will, dated November 12, 1703, given to his son, Anthony GARNETT, who having died before he attained the age of twenty-one years his share did' then by right belong to the surviving children of the said John GARNETT, of which the share of Thomas was the 50 acres therein conveyed. The deed is witnessed by Salvator MUSCOE and William TAYLOR. (Virginia Families, Vol. III, The Garnetts of Essex and their homes, p.122)

Could TINDAL have been KENDALL? See also Thomas COMBS (a.k.a. COMBER) of Essex Co VA in records with Salvator MUSCOE whose daughter, Elizabeth, married James GARNETT. John FOSTER, the grantee, married Susannah CAMMOCK, d/o Warwick and Margaret (POWELL?) (Thatcher) CAMMOCK. Moseley's Quarter was that of William MOSELEY, uncle to William UNDERWOOD, SR. (See Underwood Families)
*Source:  Internet
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Manuscripts Department
Library of the University of North Carolina
at Chapel Hill
SOUTHERN HISTORICAL COLLECTION

#2640
GARNETT AND WISE FAMILY PAPERS
Summary

NOTE: A more complete finding aid for this collection is available at the Southern Historical Collection.
Contact staff at: (919)962-1345 (telephone); (919)962-4452 (FAX); mss@email.unc.edu.

Garnett and Wise family.
Papers, 1624-1884 (bulk 1855-1884).
67 items.

Microfilm. Positive microfilm copy, 1969, of items originally filmed in 1944 and privately owned at that time.

Garnett family of Virginia and Washington, D.C., and Wise family of Virginia.  Prominent individuals represented include Henry A. Wise and his son-in-law, Dr. Alexander Yelverton Peyton Garnett.

Early items include a "muster" roll, dated 1624 (copy) of Thomas Garnett, listing persons residing in Elizabeth City, Va., their ages, and the year and ship in which they arrived in Virginia.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
The date for Thomas GARNETT's arrival in Virginia is at a turning point in the history of the English colony at Jamestown. In 1609, Captain John Smith had returned to England and by 1610 the settlers had become discouraged. They planned to embark for England, but returned to Jamestown when they heard of the arrival of Lord Delaware with new colonists and fresh supplies. Among the arriving colonists in 1610 must have been our Thomas GARNETT.

In 1622 a tribe of Pamunkey Indians attacked the Jamestown settlement killing 350 men, women and children. Among the victims was the famous Mr. John Rolfe [who had married the Indian Princess, Pocahontas in 1616 or 1617]. After the massacre, a muster of the survivors was taken and recorded. In a "Muster of Inhabitants" taken in 1624-25, Thomas GARNETTwas living at Elizabeth City, aged 40, having come to Virginia in 1610 in the good ship "Swan". Living with him were his wife, Elizabeth, aged 26, who came in the "Neptune" in 1618, and their young daughter, Susan aged three.
We are left to wonder too why it was that Thomas preceeded his wife to America by some eight years---were they previously known to each other or even married or betrothed back in England [she would have been 18 years old when Thomas embarked for America]? Did Elizabeth perhaps come to America with her own family...or was it a marriage of convenience after she arrived? The 1618 date serves to identify Elizabeth GARNETT as being among the very first women to arrive in the colony. Previously the settlers had almost all been men. In 1619 one boatload of young women arrived to become wives of the lonely settlers. Each settler gave the London Company 120 pounds of tobacco in payment for his wife's passage.

Elizabeth GARNETT was one of the fortunate colonists [and one of the few women] who escaped the Indian massacre of 1622.

It seems that Thomas GARNETT was a very colourful and distinctive personality. The following entry from the Journal of the House of Burgesses of Virginia dated Tuesday, August 3, 1619, reveals that he was most certainly a man of great spirit and boldness---and quite possibly also a "troublemaker" and rogue.

"...Captain William Powell presented to the assembly a petition to have justice against a lewd and treacherous servant of his, who by false accusation given up in writing to the governor sought not only to get him deposed from his government of James City, and utterly (according to the proclamation) to be degraded from the place and title of a Captaine, but to take his life from him also. And so out of the said Petition sprang the order following: Captain William Powell presented a petition to the General Assembly against one Thomas Garnett a servant of his not only for extreme neglect of his business, to the great loss & prejudice of the said Captaine, and for openly and impudently abusing his House, in full sight both of Master and Mistress, through wantonness with a woman servant of theirs, a widdowe, but also for falsely accusing him to the Governor both of Drunkenness, & Thefte, & besides for bringing his fellowservants to testifie on his side, wherein they justly failed him."

Further to this Petition by William Powell, the General Assembly [and the Governor himself ] passed sentence upon Thomas Garnett that the said defendant "should stand four days with his ears nailed to the Pillory" that is to say from Wednesday August 4th and for likewise Thursday ,Friday and Saturday next following...and every of those four days should be publicly whipped. [Journal of the House of Burgesses of Virginia,1619, page 12].

From this we can conclude that Thomas GARNETT may have been indentured to Captain William Powell.

It is not evident how serious or true the accusations leveled by William Powell against Thomas GARNETT actually were. The only testimony offered in the case came from William Powell himself, and he was known to be adrunkard and gambler. Furthermore, William Powell was well acquainted with the governor, played cards with him and allegedly lost his beautiful estatecalled Chippokes [on the James River] in a card game with the governor.Such comradship between Captain Powell and the governor would not likely ensure fair treatment for Thomas GARNETT against the word of his accuser.

Fifteen years later, Thomas GARNETT's status in life had undergone a tremendous change for the better. By that time, he was no longer an indentured servant but had become a land owner in his own right.

The obtaining of land in the American wilderness was a unique process inthe early days of the English settlements. Nobody came to America and purchased land. Even if that had been possible, nobody had any money to buy it with. Up to the year 1634 there was no county organization in the colony. The London Company had restricted all landholding to small patches except for larger grants that may have gone to officers and friends of the company. Some grants to free colonists were made as early as 1619 [the year of Thomas Garnett's encounter with the Virginia House of Burgesses for the defamation of Captain William Powell]. But this was the first representative assembly called together in America and Thomas Garnett's case came before the House in the first year of its existence.

In the Land Office at Richmond in Grant Book Number 1, page 201 is recorded the patent from Governor John West under the date of July 3, 1635 granting to Thomas GARNETT 200 acres of land, lying along the Little Poquoson Creek in Elizabeth County near the present city of Hampton. The land was granted to Thomas Garnett due to his initiative in transporting four colonists to Virginia at his own expense. [see Nugent, "Cavaliersand Pioneers", Volume I, page 24]

The will of Thomas GARNETT has not yet been located, nor are there any other records yet found that refer to him other than the Muster of 1624 and the land grant patent of 1635.

The original land patent read as follows:

"...Now know you that I, the said Captain John Noft, Esq. [Governor and Captain General of Virginia], do on the consent of the Counsel of State give and grant unto Thomas Garnett two hundred acres of land bounding upon Sir Louis Chrishnas---northeast upon the head of the little Poqwoson Creek southwest into the woods and west upon George Hull have granted to said two hundred acres of land warranting deed unto him the said Thomas Garnett by and for the transportation at his own expense and charges of forwarding persons into this colony whose names are in the records mentioned in this patent---to have and to hold the same two hundred acres of land his one share of all Mines and minerals thereon included all rights and priveleges of hunting and fishing and fowling also all woodsfields and rivers---and appurtenances and all harbors and ponds of the said two hundred acres or two the said lands or any of those in any way belonging unto the said Thomas Garnett, his heirs, executors, administraators and assigns forever."

At almost the same time as Thomas Garnett acquired his 200 acres in Elizabeth City County, Thomas Vicount also patented land in the same area. Vicount's land was described as adjoining land owned by John Garnett and near to land of Thomas Garnett and John Moore. Although the early records have been lost, we know from the Vicount deed that John GARNETT was already a land owner on property adjacent to the Vicount holding. It is likely that this John GARNETT was the son of Thomas GARNETT who dwelt close by.

*Source:  
http://freepages.genealogy.rootsweb.com/~teking/garnett01/pafn03.htm#2439


Elizabeth (GARNETT)

(See notes for her husband Thomas).  Her last name might have been Powell.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Thomas GARNETT's wife is known from the "muster of inhabitants" to have been Elizabeth by name, but there is no documentary proof that her maiden surname was actually POWELL. This maiden surname appears on several genealogies that have been compiled for this GARNETT family of Virginia.  But we don't know if it is true, or just an erroneous assumption that someone has made. From early records of the Virginia House of Burgesses, we do know for a fact that Thomas GARNETT served as an indentured servant to Captain William POWELL---their names are recorded in the court documents due to legal action and complaints that arose between Thomas Garnett and Captain William Powell. Perhaps this is where the conclusion originally arose regarding Thomas GARNETT's wife. But, to my knowledge, no one has yet discovered any actual proof that Thomas GARNETT married a wife named POWELL. If you add this name to your genealogy chart, you should definitely put a big question mark beside it.
*Source:  http://freepages.genealogy.rootsweb.com/~teking/garnett01/pafn03.htm#2440


Francis (Frank) STEWART

WILL of FRANCIS STEWART
South Carolina, Laurens District
In the name of God Amen--I Francis Stewart, beig of sound and disposing mind and memory, but weak in body and calling to mind the uncertainty of life and desirous to arrange my wordly affairs to make and ordain this last will and testament in the manner following towit:

1st. I give to my daughter Mary Stewart one small tract of Duncans creek containing thirty seven acres more of lefs bounded by the lands of Hofh McKelvy, Robert H. Lettle, Francis Stewart and others otherwise known as Shepherds tract.

2nd.  I desire that the tract of land on which I now reside containing one hundred and fifty acres more or lefs be devided into three equal shares by the acres, and I give to my Son Wm. Stewart one third of said land allowing him first choice.

3rd.  I give to my son Robert Stewart one third of Said land allowing him second choice.

4th.  I give to my son John Allen Stewart the remaining third of said tract of land.

I give the lands above specified to my children herein named and to their heirs and assigns forever.

5th.  And I desire that the remainder of my Estate consisting of horses, cows, hogs, household and kitchen furniture, notes and money be equally divided among my four children herein named after paying my just debts and funeral expenses according to valuation.

6th.  It is my will and desire that Sarah Lipp, the mother of the above named children have a support from them during her natural life out of the property which I have bequeathed to them provided she shall live among them, as they may mutually agree, But they shall not be bound to pay for her boarding if she should choose to live with any other person.

7th.  And lastly, I do consitute and appoint my friends William Blakley, son of William and _ames L. Your Executor of this my last will and testament hereby revoking all other and former wills and testament by heretofore made.

In testimony whereof I have hereunto set my hand and affixed my seal this sixth day of May one thousand eight hundred and fourty five(1845)

Signed sealed published and declared as and for the last will andtestament of within named Francis Stewart in prescense of us:
  Alexander McKelvy
  John Dalrymole
  Hugh McKelvy

Recorded in Will Book A Page 63
Proved and recorded dates not available
W.D Watts, Ordy
Original not in files of Probate Judge
Laurens District, Laurens County


Sarah LIPP

Sarah Lipp may not have been Francis' wife.  If the will (in the notes for Francis) is actually the will of our Francis Stewart...he refers to her as the mother of his children, but leaves nothing to her, other than that his children support her, but only as long as she chooses tolive among the children...and specifically with them, because the will states that if she chooses to live with any other person, they are not obligated to support her.  Just supposition on my part, but made me wonder if she was indeed his wife, or maybe he was just angry with her???


Eli WINES

Listed on the 1880 census for Collin County, TX, living with his mother and step-father (copy in files).   On Sallie Ann Wines birth certificate, it states that 5 children were born to this mother (at the time of Sallie's birth) and 4 were living. Eli's occupation is listed as Farmer and Eliza Garret Wines occupation is housewife.  Don't know who the other 2 children were.

Copy of marriage certificate in files
Eli Wines to Eliza J. Garrett 16 Jan 1877
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What did Eli Wines die of?
He was working on a railroad, making a trestle across a bridge, (in Plano, Texas) and a shovel fell off and hit him on his head and made a blood clot and they didn't know it and it killed him. The shovel fell of and hit him on the head and knocked him out.  Back then they didn't know about all that kind of stuff.  You know, and it caused a blood clot and he died from it.  
*Source:  Oral Interview with Madge Dunaway and Sam Graves, Jan 1993, by Ann Daberko


Eliza J GARRETT

Eliza married first Eli Wines.  She was married several more times after Eli's death in 1900.  I believe these men were named Mr. Gurley, Mr. Carson and finally, Mr. Woodard.  I do not know the first names of the men or the marriage dates.  She was married to Mr. Woodard by 1942 when she filed an affidavit for a birth certificate for her daughter Sallie Ann Wines (see notes for Sallie Ann Wines) and was still married to him when she died in 1947.  
*Notes from my father, Sam H. Graves.

The order of her marriages is:  
1.  Eli Wines
2. Bill Carson
3. Henry Gurley
4.  Pearl Woodard

Her name was Carson on the marriage certificate to Henry Gurley.    Her daughter's birth certificate (see below)  confirms that she was married to Mr. Woodard after Mr. Gurley.  

On 1 Jun 1943, she signed an affadavit verifying the birth of her daughter Sallie Ann Wines.  In the "number of children born to this mother section" there are two entries, one says "4 Wines children, 3 living", the other says "5 born, 4 living".  I do not know who the fourth Wines child is.  It may have been a child that died in infancy?  Also, I do not know who the 5th child is.  She was married several more times after Eli Wines, her first husband died, so I'm assuming she had another child by one of these husbands that I haven't found yet. I believe she may have had a child with husband Bill Carson.

Documents in my possession for Eliza Jane:

Marriage License
Mr. Henry T. Gurley of Minco in the Indian Territory, aged 53 years and Mrs. Eliza Carson of Tuttle in the Indian Territory, aged 33 years, dated 6 February 1906.

Marriage Certificate
Henry Gurley and Eliza Carson were married on 8 Feb 1906.

Death Certificate
Full name of deceased:  Mrs. Eliza Gurley Woodard
Date of birth:  June 12, 1869
Age:  78 years, 6 months, 7 days
Birthplace:  Arkansas
Father's name:  William Garrett
Father's birthplace:  Arkansas
Mother's name:  Elizabeth Newman
Mother's place of birth:  Arkansas
Information provided by:  Mrs. Coy Harriss
Place of Burial:  Old Hall Cemetery, Lewisville, TX
Date of death:  Dec 19, 1947
Date:  Dec 10, 1947
Primary cause of death:  Ca. of Breast  (Breast Cancer)
Contributory Causes:  Fractured Pelvis Pubic
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
She was a cook.  Always telling about the funny things that happened.  She would tell about baking the polecat to get the grease out of it cause that's what they used to oil their saddles back then.  She said after she got through cooking it, some of the boys would always, well, every so once in awhile, they'd kill a polecat , they'd dress it for her and after she got through cooking it….she'd put it in the oven or woodstove so it'd cook all night or until the fire went out and they'd take the grease off it and that's what they oiled their saddles with.  One night one of the old cowboys....went into town and they weren't home for supper and she was always making coons for them and they went to town and they came in real late and they went in to look for something to eat and they found that in the oven and thought it was a coon and they ate the whole thing.  And the next morning, when they all got up and came in to eat, well, they was laughing and saying, we beat ya'll, we ate up that coon.  So, they told them they ate a polecat.  She'd tell that story and just laugh.  And she used to know umpteen gillion of those rhymes.  
*Source:  Oral Interview with Madge Dunaway and Sam Graves, 1993, by Ann Daberko