George Gray Tyler, son of William Tyler, of Prince William County, Virginia, was a brother to the Sarah Tyler that married John Augustine Linton in the same county. John Augustine Linton was a cousin to my Captain John Hancock Linton. Captain John was a grandson of John Linton and Anne Barton; John Augustine was a great-grandson.
Since they lived in the same area, the upper portion of Occoquan Bay, which is now the area known as the Occoquan Bay National Wildlife Refuge, it seems only natural that John Augustine would be an executor and manager of George G. Tyler’s estate after his decease. This land was originally owned by Martin Scarlett, and was devised to his wife, Ann Green Scarlett, at his death, ‘To wife, Ann, land of Occoquan and Marumsco Creek.’ Land on the southmost branch of Marumsco Creek to Edward Barton. Edward Barton’s daughter married John Linton and thus the land passed to them and their descendants. Martin Scarlett’s gravestone is on this property – he died in 1696.
George Tyler died in 1811; John Augustine Linton died eleven years later. There are documents signed after that date by Sarah Tyler Linton concerning the estate.
This will was written September 29, 1811, and proved in court November 4, 1811. George Tyler must have been very ill and knew he was going to die. The will mentions children, but only one son, William Tyler, is named.
It is my wish and desire after my just debts are paid that the whole of my estate, both real and personal, should be kept together and managed as it has been heretofore by myself, and my children be educated and supported out of the profit, thereof, and as they arrive at age or get married or at any other period my Executor hereinafter named shall think proper to allot off such part of my real or personal Estate as they or a majority of them or their survivors in their discretion may judge advisable so that in a final division of my property my children shall all have an equal share. It is my wish and desire that whenever my son William has his part given up to himself that his part of the land should be laid off so as to take in my dwelling house and other out houses belonging thereto, the new part of the dwelling house I wish to be underpinned and the chimney finished and such other parts finished as my Executor may think proper. It is my desire that if any estate should yield more profit than will maintain and educate my children that my Executor should lay out such profit or overplus in any kind of property they may think proper for the benefit of my children.
And lastly, I constitute and appoint my brothers, Charles Tyler and William Tyler, my friend John Linton, and my son William Tyler, Executors to this my last will and testament, hereby vesting them or their survivors with the Executorship of my said Estate and further it is my wish that my friend John Linton should be the superintender and manager of my said estate until it is given up to my children. In witness whereof I have hereunto fixed my seal and subscribed my name this 29th day of September 1811.
George G. Tyler
Acknowledged to be the last will and testament of the subscriber, George Gray Tyler, in the presence of us, G Stith, John E. Cooke, Solomon Ewelt, Jr.
This last will and testament of George G. Tyler, deceased, was presented to the Court and being proved by the oath of G. Stith, is ordered to be certified. And at a Court of Quarterly Sessions held for said County, March 2, 1812. This said will was fully proved by the oath of Solomon Ewelt, Jr., and ordered to be recorded.
At a Court of Quarterly Sessions continued and held for Prince William County June 6, 1815
John Linton, one of the Executors named in the last will and testament of George G. Tyler, Deceased, came into Court and made oath to the same according to law and having performed what is usual in such cases certificate is granted him for obtaining a probate thereof in due form.
Categories: Old Wills