Family Stories

Stafford County Wills In The Tayloe Papers

About a week ago the post was about the missing Stafford County will books.  There is an index for one of the earlier books – list of which was in the post.  Several of these wills had been copied and are now in the Tayloe Papers – in possession of the Virginia Historical Society.  The wills in todays post are from Section 309 of the Taylor Papers – I requested copies of the wills that pertained to my Linton/Barton/Scarlett families.  If you go to the VHS website, once you find the particular wills you are interested in, you will notice there is an ‘order copies’ button – you can order the entire section (usually a bit pricey!) or just the will you want.

The following are abstracts from some of the wills from Section 309 of the Tayloe Papers.

Will of Martin Scarlett, dated January 3, 1675/6, proved April 8, 1696.  To William Smith, son of Edward and Lettice Smith, land in Richmond County on Rappahannock River, cows and calves.  To son-in-law Joshua Green, land on Neabsco Creek in Stafford County.  To godson Scarlett Green, land between north and south branches of the Marumsco Creek.  To Edward Barton, land on other side of southmost branch of Marumsco Creek.  To Lettice Smith, slaves.  To wife Ann, land on Occoquan and Marumsco Creek for life, then to Captain Thomas Owsley.  Also to wife, personal estate.  Executors:  wife Ann and Captain George Mason.

Will of Ann Scarlett, Gentlewoman, of Stafford County, dated February 16, 1697/8, proved August 10, 1698.  To daughter Anne Barton for life, slave and 10,000 pounds tobacco.  To Edward Barton, land bought of Thomas Norman.  To Constantine Barton and Anne Barton, daughters to Edward Barton, 10,000 pounds of tobacco to each.  To grandchildren Margaret Barton and Lettice Barton, 10,000 pounds tobacco each.To daughter Lettice Harrison, half of land at mouth of Neabsco Creek “which my husband, Martin Scarlett, gave to my son Joshua Green during his life”, the other half to her children, Edward Smith and Katherine Smith; also slave and 10,000 pounds tobacco.  To grandchildren William Smith, Catherine Smith, Edward Smith, Scarlett Green, each 10,000 pounds tobacco.  Executor:  son, Joshua Green.  Witnesses:  James Scott, Arthur Jackson, Thomas King.

Will of John Linton of Stafford County, dated February 12, 1727/8, proved April 10, 1728.  To wife Ann, slaves for life then to sons William and Moses.  To son Will, slaves.  If he leaves no heirs, then to son John, and if John has no heirs, to heirs-in-law.  Also silver tankard, tumbler and three spoons.  To son Moses, slaves, but if he leaves no heirs, to John, but if John has no heirs, to heirs-in-law.  Also, my quarter on Riverside with 100 acres of land adjoining.   To daughter Ann, plantation where widow Kail now lives with 100 acres adjoining, one slave, and 20 pounds in hands of Mr. Nicholson.  To daughter Frances, plantation where John Walt is now and 100 acres adjoining, one slave and 20 pounds in hand of Mr. Nicholson.  To daughter Constant, plantation lying on main run of Occoquan, one slave and 20 pounds.  My wife is now with child; if child lives to have equal part of my estate and a slave.  Mentions godson Henry Peyton.  To Seth Linton, daughter of my brother Moses, money to be laid out in a ring.  To Catherine Hancock money to be laid out in a ring.  Rest of estate to be divided between wife and children.  Personal estate to be divided among wife and children, with appraisement.  Executors:  wife, Ann, sons William and Moses.

Will of Moses Linton of Overwharton Parish, Stafford County, dated April 26, 1729, proved June 11, 1729.  To daughter Seth,land lying on Marumsco Creek, adjoining land given her by Captain Thomas; slaves, two beds, furniture, six dishes, a dozen glasses, six basins, two pots, small kettle, two cows and calves.  To Henry Peyton, 500 acres, part of land containing 700 acres on Broad Run of Occoquan, adjoining land of Arrington.  To grandson Thomas Church, 100 acres of the above land.  To grandson William Morris, 100 acres of the above land.  To daughter Frances Outland, 200 acres near falls of Occoquan and adjoining Robertson.  To granddaughter Margaret Church, one feather bed at her marriage.  To wife Margaret, two slaves.  Executors:  Wife Margaret, Moses Quarles, Valentine Peyton.  Witnesses:  William Linton, Benjamin Grayson, Moses Linton, Charles C. Morris.

Will of Anthony Thornton of Stafford County, dated January 3, 1757, proved November 8, 1757.  To son Presley, slaves.  To wife, Winifred, land where I live for life, then to son Francis.  To son Anthony, land at the mountains.  To daughter, Winifred Bernard, land on Nash Run in Spotsylvania County, 650 acres.  To son Peter, land on Mattaponi River, 1313 acres and slaves, stock on said plantation, and ten head of cattle.  To wife, Winifred, land where William Conner lives for life, then to Anthony.  Rest of estate to be divided between wife and son Peter.  Estate to be appraised.  Executor:  son Peter.  Witnesses:  Jacob Johnston, Martha Whiting, Mansfield Whiting.

Will of Benjamin Scott of King and Queen County, dated February 7, 1795, proved December 14, 1795.  To daughter Mary Wilson, slaves.  To granddaughter Harriet Wilson, slave.  To daughter Franky Dillard, slave.  To grandson Benjamin Scott Johnston, slave.  Should my son-in-law Mr. William Johnston, be disposed to bind my said grandson to some useful trade, occupation and calling, which is earnestly recommended, and were I to suggest a propert one, it would that of blacksmith.  The rest of my estate divided among my four daughters:  Judith Boughton, Franky Dillard, Aggy Johnson and Mary Wilson.  My executor to have full power to sell landed estate as he may judge to advantage of my children.  Having given my son-in-law William Johnson, after his marriage with my daughter, two slaves, Amos and Lewis, the slaves are to be returned to my executor.  Having advanced to my son-in-law Mr. William Dillard, in his lifetime, property which he sold and appropriated to his own use, it is reasonable that his widow should in some measure be accountable for it.  My executor is to retain 40 pounds from her share to be divided among the other daughters.  Be it remembered that the profits only of the bequeathments aforesaid be made to daughter Judith Boughton and executor to retain whatever may accrue unto said daughter and pay profits to her whenever he thinks it is to the greatest advantage for her and her family.  Executor:  nephew, Anderson Scott, Esq.  Witnessed by Justian Beadles and Robert Wilson.

Codicile:  October 3, 1795.  In consequence of the trouble I have been to my daughter Dillard during my illness, she should be released from having 40 pounds retained from her part.  The devise to grandson Benjamin Scott Johnson be revoked.  Witnessed by Justian Beadles and Robert Wilson.

6 replies »

  1. Phyllis: Who is the John Linton and the Moses Linton mentioned here? If you recall, you helped me probably located the parents of my Susan Linton who married James Hayner. We think they are Benjamin and Martha Hayes Linton. Susan was born 1 year after Benjamin and Martha married and Susan named her first child Martha. Anyway, so you and I are related way back and wanted to see how those Lintons connected to Captain John Hancock Linton. I don’t have his birth or death info or where he was born or died. Did I miss that somewhere? So I didn’t know if that John in the will you posted today was John Hancock Linton. Valerie Hayner Auld

    • The John Linton and Moses Linton who have wills listed here are brothers. This John Linton is the grandfather of Captain John Hancock Linton. Captain John is the son of Moses Linton – listed in John Linton’s will, and also a witness to his uncle Moses Linton’s will. The elder Moses Linton, brother of John, did not have sons, only daughters, as you can see by his will. He married Margaret Barton, a sister to Anne Barton, who married his brother John. I know it’s confusing with so many John’s and Moses! Captain John Hancock Linton was born in 1750 on land belonging to his grandfather John Linton that was once in Stafford County, then Prince William, but then Fairfax County and a few years later Loudoun County and died December 4, 1836, in Washington County, Kentucky. Let me know if you need more information!

  2. John Scarlett is listed as a son of Martin Scarlett and I see a Martin Scarlett jr, neither of whom as listed in the will. Do you know anything about them? Also would be interested in the William Harris will. Thanks.

    • Son John Scarlett died just before or after his father. Martin Scarlett died in 1695, and his died in 1697. I’ve often wondered why John is not listed in the will – perhaps his father had already given him his share of the inheritance. Martin Scarlett, Jr., was deceased before his father.

  3. It’s interesting how John Linton died the same year as his brother Moses. Wonder how. It’s also interesting how his two youngest children, John and Lettice, are not mentioned in John’s wil, but are in the Index Box listing.

Any thoughts?

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