Will of Thomas MeriwetherIn the name of God amen I Thomas Meriwether of the Parish of South Farnham in the County of Essex within the Colony of Virginia being sick and weak of body, but of sound and perfect memory (praised be God) do make and ordain this my last will and testament in the manner and form following.
First. I recommend my soul to ye disposing of Almighty God my Creator and my body to be decently interred in hopes of a full remission of all my sins and a glorious resurrection and union in ye last day in and by the merits of our blessed Lord and Saviour Jesus Christ. The temporal estate which God of his great goodness hath been pleased to bestow upon me I dispose of as followeth.
I give unto my loving brother Nicholas Meriwether of New Kent county one hundred pounds of lawfull money of England.
I give unto my loving brother Francis Meriwether of the County of Essex aforesd one hundred pounds of lawfull money of England.
I give unto my loving sister Jane Browne the wife of Mr. William Browne of Surry County a piece of plate of the value of ten pounds sterling money.
I give my dear and loving wife Susannah my best new bed and furniture and the sett of chairs belonging to it, the whole sute of Japan, the sute of damaske table linen, the largest new table, her ridding horse named Sorrell and her new and old side saddle, and all the rest of my personall estate and negroes after my just debts, funerall charges and the legacies before mentioned are paid and discharged, I give to be divided in manner following between my sd wife Susannah and my young daughter that now sucks my said wife, who as yet is unbaptized, that is to say one third part of the said personal estate and negroes, I give to my sd wife Susannah to her and her heirs forever, and the other two thirds of personall estate and negroes I give unto my aforesaid young daughter and her heirs forever, but in case my said daughter should dye before she attains to the age of one and twenty years or marriage, then I give her part of my sd personal estate and negroes to my aforesd two brothers Nicholas Meriwether and Francis Meriwether and my aforesaid sister Jane Browne and their heirs forever, equally to be divided between them, only fifty pounds sterling out of the said estate personall I give unto my aforesd wife Susannah.
I give unto my nephew William Meriwether son of my aforesd brother Nicholas Meriwether and to his heirs forever all my land on the south side of James lying and being in the County of Surry.
I give unto my said wife Susannah (in lieu of her thirds or dower to all the land I hold) the plantation, houses, land and appurtenances thereunto belonging whereon I now live during her naturall life and after her decease to my aforesd daughter and the heirs of her body lawfully begotten forever and for want and default of such heirs I give the said plantation, houses, land and appurtenances thereunto belonging unto my three nephews William, David and Nicholas Meriwether the sons of my aforesaid brother Nicholas Meriwether and their heirs forever to be equally divided between them.
I give unto Ralph Shelton and his heirs forever the sixty five acres of land granted to me by Patent joining to the lands of Ricd. Jones, John Schools and the land formerly belonging to Capt.Edward Thomas.
I give likewise unto my aforementioned daughter and the heirs of her body lawfully begotten forever all the rest of my land that I have in Virginia or elsewhere and for want and in default of such heirs I give my Beitland tract of land which I purchased of Richard Covington (excepting out thereof a small parcel of land that lyes on the other side of the swamp adjacent to my other tract of land that I purchased of William Cole) unto the first male child that my aforesd brother Francis Meriwether shall have and his heirs forever, but if it happen that my aforesd brother Francis should not have any such male child, that then I give the said tract of land unto my aforesd three nephews William, David, and Nicholas Meriwether the sons of my aforesd brother Nicholas Meriwether and their heirs forever to be equally divided between them, and for want and in default of such heirs of my aforesd daughter lawfully to be begotten of her body as aforesd,that then I give all the rest of my land hereby given unto my aforesd daughter unto my aforesd three nephews William, David, and Nicholas the sons of my aforesd brother Nicholas Meriwether and to their heirs forever equally to be divided between them.
I also give unto my aforesd wife Susannah the one third part of my Water mill lying in Middlesex County for and during her natural life and the other two third parts to my aforesd daughter and after my sd wife’s decease, then I give all the sd mill and the land thereunto belonging unto my aforesd unbaptized daughter and the heirs of her body lawfully begotten forever and for want and in default of such heirs that then I give the said mill and land thereunto belonging unto my aforesd three nephews William, David, and Nicholas the sons of my aforesd brother Nicholas Meriwether and their heirs forever to be equally divided between them. My will and meaning is that what I have hereby given to my aforesd loving wife Susannah is to be in full lieu of her thirds of all my estate, both real and personall due to her by law.
My will and desire is that my Exers. hereafter named dispose and make sale of my brigantine upon the stocks together with the sayles and riging and other appurtenances belonging to her, provided they can meet with a sutable market for them, and likewise that my said Exers. dispose of my negro man named Saundy and that my sd Exers. use their utmost endeavor to get in my Tobacco debts and together with my cropps now by me to ship for England for ye payment of what I owe and am indebted to Messrs. Micajah Perry and compa., merchants in London.
My will and desire is that my aforesd daughter’s part of her negroes and stock be kept upon her lands at her hazard and to her profitt and her part of my estate that is perishable I will that my Exrs. Dispose thereof to my sd daughter’s best advantage and out of the produce thereof to purchase negroes for my sd daughter and to keep them upon her lands for the use and profitt as aforesaid, and my sd daughter is to be maintained and educated out of the profitts of her estate and the remaining part of the profitt as to be laid out in negroes from time to time by my Exrs. and put upon her lands to her use and profitt as aforesd.
It is my will and desire that my estate may not be brought to an appraisement, and lastly I do hereby nominate and appoint my aforesd loving brothers Nicholas and Francis Meriwether executors of this my last will and testament, hereby revoking and annulling all other wills by me heretofore made.
In witness whereof I have hereunto set my hand and seale the seventh day of January Anno Dom. 1708.
Memorandm. -Ye words (my aforesd sister Jane Browne) between the 21 st and 22d lines of ye first side, and the words (upon the stocks) between ye 3d and 4t lines, ye words (lying East) between ye 14th and I5th lines and ye words(aforesd) between ye 16th and 17th lines of ye last side were interlined before signing and sealing. Also ye raizings in the 48th line of first side of ye 49th line of the last side were made before signing and sealing, as also ye raizing in the 49th line and ye words (two thirds) between ye 48 and 49 lines of ye first side.
Signed, sealed, and acknowledged to be my last will and testament in the presence of Ricd. Curtis. Mary Meriwether. Ralph Shelton. Wm. Kilingby. The mark of Ann + Whitehorn.
Provided by ye oaths of Ricd. Curtis, William Killingby and Ann Whitehorn, three of ye witnesses hereto in Essex County Court ye 19th day of Febry. 1708 and was ordered to be recorded, and is recorded.
Teste. Richard Buckner, CI. Cur.
A Copy, Teste, Harrison Southwarth, Clerk, County Court of Essex, Virginia.
Will of Thomas Meriwether of South Farnham Parish, Book O. Deeds &c. 1707 to 1711. P. 185. Probate Feb 10, 1708/9. (1708 OS).
Posted by Jan Shelton Nixon <
jan241@apex.net> on Wed, 13 Oct 1999
==============================
Wills from The Bird Papers, 1696-1810
King and Queen County
Continued from The Bird Papers, Volume 2, Number 1, page 9
The chancery suit of Bird versus Dunn (1800-1809) created an assortment of legal documents that have survived to this day. The wills herein abstracted are a part of this unusual collection of copies of county court papers entered into the records of this chancery court case. The original copies of these papers have not been located (see TVF, V2N1 8 for more complete explanation).
Will of Thomas Meriwether, South Farnham Parish, Essex County
Will written 7 January 1708
Named brother, Nicholas Meriwether of New Kent County with legacy of F100.
Named brother, Francis Meriwether of Essex County with legacy of F100.
Named sister, Jane Browne, wife of William Browne of Surry County with legacy of plate (silver) worth F10.
Named wife, Susanna with legacy of bed and furniture, set of chairs and linens.
Named “young daughter, who now sucks my said wife (as yet unbaptized)”.
Wife to receive plantation “where I now live”.
Named three nephews, William, David, and Nicholas Meriwether, sons of brother, Nicholas.
Named Ralph Shelton (relationship unidentified) to receive 60 acres of land that joined Rice Jones, John Loheed, and formerly belonged to Capt. Edmund Thomas.
Bestland Tract purchased of Richard Covington, except small parcel adjoining land purchased of William Cole (other side of swamp), to first male child of brother, Francis Meriwether.
Mentioned water mill in Middlesex County.
Mentioned Micajah Perry as merchant in London
Nicholas and Francis Meriwether appointed executors of estate.
Witnesses:
Mary Meriwether
Ralph Shelton
Wm. Killingley
Ann Whitehorse (her mark)
(signed) Thomas Meriwether
Will proved in Essex County, 10 February 1708/9
Bird vs. John Dunn Suit Papers, 1800-1809, Transcription of the copies. Accession Number 25817. Archives and Records Division, Virginia State Library and Archives, Richmond, Virginia.
Thomas Meriwether died between 7 January, the date of his will and 10 February, date will was probated in 1708/9. The will is recorded in Book O. Deeds 1707 to 1711, page 185.
^PARENT: **Louisa H. A. Minor’s genealogy claims that this Thomas was a son of David Meriwether, a son of Nicholas Meriwether I. NHM does not have a David as one of the sons of Nicholas I. NHM also quotes from the William & Penn Quarterly Historical Magazine, October 1897, indicating that the will of Thomas names his brothers Francis of Essex and Nicholas of New Kent, his sister Jane Meriwether Browne, and others. (NOTE: Unable to find this reference in NHM! jmo 970824)
^WILL: Dated 7 Jan 1708/9 (Surry Co. Deeds). **HDS-108.3 has "Probated, __ Jan 1703, Essex County, Virginia."
Date: 8/9/02 9:54 PM
Received: 8/10/02 12:21 AM
From: GUY M BENSON,
guybenson@prodigy.netTo: Marcia & Max Boulton,
mboulton@brtc.netCC: Maury Kendall,
GenKen@MeriwetherSociety.org Joe Oglesby,
Joe@MeriwetherSociety.orgMarcia, I received your package on the Boulton research this week. We just returned from a long vacation and two of our grandsons are arriving tomorrow so I will be brief. First, please thank the researcher (I couldn't make out the name) and send her//him my comments.
1. The researcher has concluded that the daughter of Thomas Meriwether of Essex County was named Judith. I have been doing considerable work on Essex County and I have seen nothing to indicate this. In fact, an Act of the Assembly dated Feb. 1755 concerning land left by Thomas to his daughter has the following “. . . (referring to Thomas) did make his last will and testament in writing, bearing the date the seventh day of January, in the year of our Lord one thousand seven hundred and eight, and thereby devised the same (i.e., 1,710 acres plus 8 lots in Tappahannock) to his young daughter, who was not then baptized, but afterwards baptized by the name Susannah . . .” [“Statutes at Large;” W. W. Henning, Richmond, 1819, p. 405/6.] According to this act Susannah married John Armistead of Gloucester County. If the Boulton researcher has any evidence that the daughter’s name was Judith I would be interested in seeing it. In particular it would be helpful to have the reference to the land owned by Thomas Meriwether in Halifax County as shown in Deed Book 1.
2. In the 1st paragraph on page 2 a reference is made to a Thomas Meriwether who was the son of Nicholas Meriwether II. We have no record of such a son. This Nicholas had sons names Nicholas, William and David but no Thomas that we know of. (NHM has this messed up).
3. the researcher casts doubts that Thomas of Essex married Elizabeth Williamson, daughter of Henry Williamson. The argument made is that there is some misinterpretation of the probate order which reads:
“A Probate of ye last Will and Testamt. of HENRY WILLIAMSON deced. granted THO: MERIWETHER in right of his Wife, ELIZABETH, & as Guardian to KATHERINE & FRANCES WILLIAMSON, Executrixes therein named giving security according to Law.” [Essex County Court 9/11/1699 - Sparacio, p. 12.]
I guess that the point being made is that “his wife” could refer to Williamson’s wife. She was certainly dead since she wasn't mentioned in Williamson’s will. Also, in the bond posted when the will was filed there is a reference to “THO: MERIWETHER & ELIZ his Wife” and the acknowledgement of the bond is signed by Elizabeth Meriwether.
In the will of Capt. Edward Thomas, a very close friend of Henry Williamson, a fellow justice and one of the Enoffees-in-trust named in Williamson’s will he leaves his property to Mrs Elizabeth Merryweather, wife of Thomas Merryweather and the “two younger daughters of Henry Williamson.”
I could go on but I don't have time right now but is the researcher has any comments on this (or anyone else) I would be happy to look at them as I need to resolve any doubts.
4. The assumption that Thomas' second wife was Susannah Skelton (or Shelton) is repeated. There is no evidence to support this. It is based solely on the fact that Ralph Shelton is named in Thomas' will and Ralph was a witness. He says nothing about Ralph being a relative as he does other people mentioned.
Out of time. Hope this is useful,
Guy