29 Nov 1800
Updated November 25, 2022
Background:
Col. Richard James married 30 Dec 1761 in Cumberland Mary Jefferson Turpin, the daughter of Lt Col. Thomas Turpin, Jr. and Mary Jefferson, his wife (Mary was the aunt of President Thomas Jefferson). On 13 June 1774, Henry Landon and wife, Ann, sell aproximately 800 acres including Muddy Creek Mill to Richard James for 1200 pounds, [Cumberland County, VA, Deed Book 5, page 297.] On 22 Aug 1796, Maria Jefferson James marries John Gilliam. Four years later Richard James dies. Claims against his estate were settled at “James Gilliam’s Tavern.”
Notice
The creditors of the estate of Richard James, dec. are hereby notified that I shall attend at James Gilliam’s tavern on Saturday, the 6th day of November next all persons having claims against that said estate, are requested to come forward on that day and exhibit them for adjustment, in order that provision may be made for the final discharge of the same.
William Turpin, admr.
Cumberland 2d Oct 1802
Virginia Argus, 9 Oct 1802, page 3.
Muddy Creek Mill
I Richard James of the county of Cumberland and State of Virginia being in an infirm state of health and sound disposing mind and memory do make this my last will and testament hereby revoking and making null and void all wills by me heretofore made and desire the disposition of my estate in manner following. I give and bequeath to my dear beloved and truly affectionate wife, Mary James the following slaves, namely Nancy and her children known by the names of Isaac, Ned, Charles and Henry. Also three other slaves named Phill, Charles and Sall, moreover I give to my said wife all my household and other furniture of every kind, all my stocks of cattle, sheep and hogs of which I may die possessed to her and her heirs or assigns forever; I also give to my said wife for and during her natural life the sum of two hundred dollars per annum to be punctually paid to her or any others person legally authorized by to receive the same out of the rents and profits of my manufacturing Mills known by the names of Muddy Creek Mills and so much of the tenement annexed to the said Mills now in the occupancy of John and Edward Cunningham as lies on the north side of the publick marcked road commonly known by the name of River Road crossing Muddy Creek within a short space of the south front of the said Mills, I further give to my said wife during her natural life from the end of two years after my decease the free use and profit of that part of my land lying on Muddy Creek and James River whereas I now reside and between the above mentioned Road and James River, except so much thereof as are under lease to John and Edward Cunning ham which includes the Mills above mentioned and the tenements thereto annexed whereas Edward Cunning ham at this time resides. From the high confidence which I have repose and entertain in the integrity & just disposition of my friends William Turpin of the County of Cumberland and Thomas Pemberton of Goochland County
I give in trust to them for the uses and trusts contained in a Trust deed bearing equal dates with this my last will and testament for the purpose of securing a suitable maintenance to my son Frances J. James and Nancy his wife and of the maintenance and education of their children all that part of my estate real and personal expressed and mentioned in the said deed of trusts for uses aforesaid expressed and thereto will more fully appears. My Black Smith Shop and tools and the ground on which it sits in the town of Cartersville, I will and desire shall remain united with the other part of my estate until the end of two years after my decease.
Page 2.
With the expiration of which time, the said Shop and tools be delivered and remain in possession of my son Francis J. James until his son Richard James shall attain the age of twenty three years at which time I give and bequeath the same to the said Richard his heirs or assigns forever and if the said Richard shall depart this life before he attains the age aforesaid I give the said shop tools and appurtenances to be equally divided amount the surviving children of the said Francis and Nancy his wife the rents and profits of which are to be applied to the use maintenance and education of the said children.
I give and devise to my sons Frederick William James, and William James my manufacturing Mills on Muddy Creek with so much of the tenement now under lease to John and Edward Cunningham as lies on the north side of the River Road whereas Edward Cunningham family resides to be delivered to them at the expiration of the present lease to be shared between them, their heirs and assigns forever subject however to the annual payment of two hundred dollars to my wife during her natural life, as before mentioned; also subject to the payment of two hundred pounds, to each of my daughters, Kitty and Maria Jefferson James, I also give my said sons Frederick and William, to be equally divided between them their heirs or assigns forever to be possessed by them their respective heirs or assigns at the end of the year in which my wife shall depart this life all the lands lying the north side of the river road the uses and profits of which are herein before given to my said wife during her natural life; the quantity of which not being yet assertained are bounded on the North side of James River Westwardly by the outlines of the town of Cartersville, the lands of James Fowler, and the legal representatives of John Woodson late of Carters Ferry deceased southwardly by the river road, aforesaid & easterly by Muddy Creek and also bounded by the lines of the tenements herein before mentioned as being annexed to the Muddy Creek Mills whose lands are nevertheless to be held by the said Frederick and William their heirs or assigns subject to the payment of four hundred pounds that is two hundred pounds to each of my daughters, Kitty and Maria Jefferson James, to be paid in two years after they shall become possessed of the said land.
I give to my said son Frederick William a Negro boy named Peter now about fifteen years of age and my daughter Maria Jefferson a Negro girl named Edy now about seven years of age. The lots and tenement I purchased of Elizabeth Todd in the town of Manchester which I afterwards sold to John Tabb of Amelia County for which I have received valuable consideration I desire and request my Executors to pass deed if conveyance in the simple for the said lot and tenement to the legal representatives of the said
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John Tabb when they shall be thereto acquired. My Lot No. 2 in the town of Cartersville on which the brick store now stands at present occupied by Benfords and Hobson, I desire may remain united with the other parts of my estate until the end of two years after my decease at the expiration of which time, I give and bequeath the said lot to by two daughters., Kitty and Maria Jefferson to be held by them in joint tenancy equally enjoying the rents issuing and profits thereof to them and heirs or assigns forever. I give and bequeath to by grandson Richard James the son of Francis one Negro boy named George, about eight years of age, to him and his heirs assigns. The money arising from the sale of my improved lot in the City of Richmond conveyed to Edward Carrington and William Duval in trust for the purpose of discharging the legal claims against my son Francis James and James McComb by a composition purposed to his and their executors it is my will and desire that if the said creditors shall give to the said Francis a full acquittal and exoneration from all further or other demands that they receive the money in the hands of my trustees in proportion to their several claims, provided it is acceded to within the term of two years from the date of my death, otherwise my executors receive the net amount of the sales of the said lot and place the same lot and legal interest on the best security they can obtain, the principal and interest to be applied to the benefit of the children of my said son Francis J. James. All the remainder of my slaves not herein otherwise disposed of I give to be equally divided among my sons Frederick William, William, my daughters, Kitty and Maria Jefferson, but such division not to take place until the end of two years after my decease. My will and desire is that my estate be kept united till the end of two year after my decease for the purpose of raising sufficient funds to enable my executors to discharge all just debits and continent charges which maybe necessary and rightfully be chargeable to my estate including the repairs which may be necessary to the Muddy Creek Mills and the improvements on the tenements thereto annexed as before described also to enable the trustees herein before named for the property herein divided for the benefit of my son Francis, his wife and children; so compleat the Grist and corn Mill now erecting on deep run; but it not be understood that the provisions herein made are to effect in any degree
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the claim of my wife to the sum of two hundred dollars per annum is bequeathed to her out of the profits of the Muddy Creek Mills. It is also my will and desire that the expense of all necessary repairs to the Muddy Creek Mills previous to their being delivered Frederick and William shall be paid out of the profits of my Estate. Notwithstanding that the profits of my Estate together with such debts as may be found due to me shall appear to my executors inadequate to the purposes herein mentioned so as the same may be accomplished in due time by said Executors are hereby vested with a discretionary power of selling as many of the slaves contained in the residuary clause of this will as they shall think necessary to raise sufficient sum for the purposes aforesaid in aid of the funds herein otherwise provided. It is my further will and desire that if the profits of my estate at the expiration of two years after my decease should yield a surplus of money in the hands of my Executors, unappropriated or as necessary to defray the aforesaid enumerated charges that the same be equally divided amount my sons Frederick William, William, my daughters, Kitty and Maria Jefferson.
And lastly I do nominate and appoint Joseph Carrington, John Swann the elder Willis Wilson executors of this my last will and testament.
In witness whereas I have hereunto set my hand & affixed my seal this 29th day of November one thousand eight hundred.
Richard James seal
Signed sealed acknowledged and delivered in presence of:
Edward Dillon
F. W. Webber
Miller Woodson
Sources
- Cumberland County, VA, Will Book 3, pages 187-190
- Posted to Gilliams of Virginia and Beyond Ancestry Tree