Old Wills

Will of Timothy Peyton and Marriages of His Children – Bourbon County

This is a very interesting will.  Although written in Prince William County, Virginia, September 5, 1782, Timothy Peyton had moved his family to Bourbon County, Virginia (which ten years later became a county of Kentucky).  Timothy died in 1787, since in November of that year notice was sent to the county clerk of Nelson County to examine Jesse Davis, one of the witnesses of the original will.  Notice was also sent to Prince William County to examine the other three witnesses, John Davis, George Jackson and Thomas Calvert.

All these names are very familiar to me since they lived in the area of my Linton family – and married into the Linton family.  Timothy Peyton’s father was Henry Peyton, born in 1725, and who died May 12, 1780, in Charleston County, South Carolina, during the Revolutionary War.  He was a 2nd Lieutenant 1st Continental Dragoons and served in Lee’s Battalion of Light Dragoons.  He was promoted to Major on February 17, 1780, just before his death.  He married Annie Thornton – one of Timothy’s daughters was named for her.

Henry Peyton’s parents were Valentine Peyton, 1686-1751, and Frances Linton, daughter of Moses Linton and Margaret Barton.  Moses was a brother to John Linton, from whom my Linton’s descend.  Daughter Frances Elizabeth was named for Timothy’s grandmother, and Valentine Smallwood, for his grandfather.

Jesse Davis, witness to Timothy Peyton’s will, had moved to Nelson County by the time of Timothy’s death.  He was a Captain in the Revolutionary War, born in Prince William County, Virginia, and died in Nelson County, Kentucky, October 22, 1818.

Timothy’s wife, Sarah, was born Sarah Matson.  Her brother James Matson was one of the executors, and if none of Timothy and Sarah’s children left heirs, the estate was to go to James Matson’s children.

Bourbon County marriages of Timothy and Sarah Peyton’s children:

Sithia Peyton married Archibald Marshall, February 16, 1789.

Anne Peyton married William Mallory, March 19, 1793, guardian John Walter Green.

Frances Peyton married Baylis Grigsby, October 29, 1795, guardian John Waller.

Valentine S. Peyton married Eliza Basye, January 18, 1805.

Will of Timothy Peyton

Bourbon County Will Book A, Pages 16-20

In the name of God, amen.  I, Timothy Peyton, of Prince William County do constitute and appoint this to be my last will and testament.  First it is my will and desire that all my just debts and funeral expenses be first be paid.  I give and bequeath to my beloved wife, Sarah, all my estate both real and personal and when my

Children Sitha Ann, Ann Thornton, Frances Elizabeth, Valentine Smallwood, and the child my wife is now pregnant with arrive at the age of eighteen years or marries, then it is my desire my personal estate shall be equally divided between my beloved wife and children.  I give unto my wife my preemption in Lafayette County during her natural life, after her decease to be equally divided among my children.  I leave to my son Valentine Smallwood four thousand acres of land which I hold as heir to my brother, Valentine Peyton.  All my lands not yet mentioned I leave to be equally divided between my several children already named.  Should any of my aforesaid children die before they come of full age, and without heirs lawfully begotten their proportion of any estate shall be equally divided among the survivors.  Should all my children die without heirs lawfully begotten of their body, I leave my whole estate real and personal to my beloved wife during her natural life, after her decease I leave my said estate, both real and personal, to be equally divided between my brother-in-law James Matson’s children.  I constitute and appoint my beloved wife, James Matson and John McMillion, executors to this my last will and testament.

Timo. Peyton, September 5th 1782

Signed in presence of Jesse Davis, John Davis, George Jackson, Thomas Calvert

Commission for examination of John Davis, George Jackson and Thomas Calvert.

The Commonwealth of Virginia to Jesse Ewell, James Ewell and Bernard Ewell, of Prince William County, gentlemen, know ye that we are trusting to your fidelity and provident circumspection in diligently examining John Davis, George Jackson and Thomas Calvert, witnesses in and upon certain interrogation respecting the last will and testament of Timothy Peyton, deceased, in Bourbon County.  We therefore command you or any two of you that a certain day which you shall appoint you call and cause to come by you, the said witnesses, and then diligently examine, being first duly sworn as the law directs, touching the premises and there in you abide until have completed the same and their examination into the county court of Bourbon, distinctly and openly, without delay, you send and certify enclosed returning also to us this writ.  Witness John Edwards, Clerk of said Court of Bourbon County at the courthouse the sixteenth day of January, one thousand seven hundred and eighty-eight.

Test. John Edwards, CL. B.C.

Prince William County

By virtue of the within commission to us directed, we have examined George Jackson, Thomas Calvert and John Davis concerning the premises within mentioned who being duly sworn on the holy Evangelists of Almighty God, depose that they saw Timothy Peyton sign and publish the writing hereunto annexed as his last will and testament and that they believed him to be in his proper senses at the time.  Also given under our hands and seals this seventeenth of October one thousand seven hundred and eighty-eight.

Jesse Ewell, James Ewell

Commission for Examination of Jesse Davis

The Commonwealth of Virginia to Charles Polk and Joshua Ferguson, Gentlemen, of Nelson County, know ye that trusting to your fidelity and provident circumspection in diligently examining Jesse Davis, gentleman, a subscribing witness to the last will of Timothy Peyton, deceased, upon certain interrogations respecting the same we therefore command you or any two of you that at a certain day which you shall appoint you call and cause to come before you the said witness and him, diligently examined being first duly sworn and there in the execution of the premises you abide until you have completed the same and his examination into the county court of Bourbon distinctly and openly without delay you send and certify enclosed returning also to us this writ, witness John Edwards, Clerk of our said Court at the courthouse the twenty-ninth day of November one thousand seven hundred and eighty-seven.

John Edwards

December the 7th 1787

This day came before us the subscribed Justices of Peace for the said county Jesse Davis, of the said county, and being duly sworn confesseth that the said Timothy Peyton, deceased, was in perfect health and senses, acknowledged a certain will dated September the fifth, one thousand seven hundred and eighty-two to be his last will and testament and that the said witness knows of no other will.  Given under our hands the day above written.

Joshua Ferguson, Charles Polk

Bourbon County, December Court 1788

The last will and testament of Timothy Peyton, deceased, was proved by the oaths of Jesse Davis, Thomas Calvert, George Jackson and John Davis.

Who were examined by deputies issued from this court and ordered to be and upon the petition of Sarah Peyton and James Matron, named executors in said will who acknowledged bond with Edward Waller and John ?, Gentlemen, their securities in the penalty of two thousand pounds and made oath as the law directs, a certificate is granted them for obtaining probate thereof in due form.

Test. John Edwards, CL

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