A Chronology of The New Kent:Hanover Davenports
A Chronology of The New Kent:Hanover Davenports
A Chronology of The New Kent:Hanover Davenports
Being
&
or
By
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ACKNOWLEDGMENTS
No project of this nature could exist without help from others. Therefore, I
wish to thank New Kent/Hanover Davenport descendants Steven Siegrist, JD;
Donna Lou Walker, Deborah Leavitts, Mark Davenport, PhD; AJ Davenport, John
Davenport, Lynette Aasheim, Julie Shepard, and Vicki Davenport for sharing their
files and memories with me. I also appreciate the willingness of Woodruff
descendants to share what they knew of their history, and I am grateful to Jim
McMillen, Draper family historian, for our correspondence regarding William D.
Davenport. Early on, I corresponded with Andrew Hinshaw about Davenport
family connections in Jackson County, Illinois and I thank him for his willingness
to share.
I owe thanks to Aaron Shackelford and Jon Cochrane, for their assistance
with technology.
Last but certainly not least, I wish to thank the late John Scott Davenport,
PhD, for making his Pamunkey Davenport database available to me. He patiently
answered all of my questions, discussed his fifty-plus years of research in the
primary documents, and egged me on when I started to falter. “Doc” also proof-
read, provided editorial comment on multiple drafts of the manuscript, and
provided the typography for the final draft. He was a mentor throughout and I was
delighted to call him my friend.
Long before this project began, I sought the father of my earliest known
ancestor, Charles Lewis Davenport. I traveled down many blind alleys trying to
find him. Any errors that appear in the monograph, therefore, are entirely my own.
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For
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Table of Contents
Acknowldegments 2 Charles Kennedy Buys Spotsylvania
Plantation 59
Introduction: The New Kent/Hanover
Davenports 6
Richard, Jr. Born 61
Tips for Using this Document 16
The Beginning of the New Kent/Hanover As to Who Provided the Deviating DNA:
Davenports 19 George Woodroof or Richard of County
Line? 63
The Birth of the Known Patriarch of the
Eldest Son of Richard Appears as Deed
New Kent/Hanover Davenports 22
Witness 66
The New Kent/Hanover Story Begins
With Two Patents 25 Richard of County Line Acquires Land in
Albemarle County 68
The Patent that Would Include the County
Line Community 27 A Kennedy Given to Violence Bonded by a
Pamunkey 73
Davenport Kennedy is Born 28
Richard Served as Vestryman in St. Anne’s
Parish 91
Richard Davenport’s County Line Tract 31
First Pamunkey with the New Richard to Richard Deed on Hardware River
98
Kent/Hanover DNA Born 33
Richard of County Line Identified as a Land Charles Kennedy Makes His Will 114
Owner, With James Overton as a witness
48 Widow Boards Orphans Out for Four Years
118
Richard ’s Future Wife Widowed and the
Gambill and Davenport Indicted for
Benge Connection Established 50
Gambling 122
The Curious Apprenticeship Indenture 51
Charles Kennedy Dead 128
A Pamunkey Follows Richard to Albemarle
58 Richard, Jr. Arrives in Wilkes County,
Georgia 129
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Richard Loses Long Standing Lawsuit 144 William Davenport Makes His Will 212
DK’s Widow Dead, Leaving Bought Estate Death of Richard, Jr. 280
Assets Unpaid 165
Second Pamunkey Carrier of New
A Davenport-Wingfield Marriage 173 Kent/Hanover DNA Makes Will 283
Richard, Jr. Indicted Again 188 Richard of Charlotte County, Carrier of New
Kent/Hanover Davenport DNA Dies 287
Death of Known New Kent/Hanover Conclusion 294
Patriarch 193
APPENDIX I
Five Generations of the New Kent/Hanover Davenports:
354
APPENDIX II
Davenports in DNA Limbo and The Woodroof/Woodruff Presence
in Pamunkey Davenport Family History
369
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Note: The introduction provides a framework for the research questions that
drove this study and “Tips for using this Document” (page 16). If you wish, you
may skip to the analysis itself, which begins on page 19.
INTRODUCTION:
All of the project participants who participated in the surname project who were
ultimately identified as New Kent/Hanover Davenports expected to test Pamunkey
Davenport. That is, they expected to be located by DNA analysis among the Davenport
family that had been thought to exist to the exclusion of other Davenports in the
geopolitical scene on Pamunkey Neck and immediately adjacent territories. These project
participants were Y-DNA tested and that testing extended to 67 markers. Only males who
bore the Davenport surname were tested.
The original goal of this study, therefore, was to identify the earliest common
ancestor of this new Davenport family. Chief Pamunkey researcher John Scott
Davenport, PhD had a powerful theory. Long ago he had included Richard Davenport
of New Kent/Hanover counties—the same Richard whose land straddled the
Louisa/Hanover county line—among the Pamunkey Davenports. But he had never
been comfortable with that identification and often wondered if Richard Davenport of
County Line was, in fact, actually a Pamunkey Davenport at all. His original identification
had been based on a “best guess” hypothesis: if all the Davenports in the Pamunkey Neck
region were Pamunkey Davenports, Richard of County Line must be a Pamunkey
Davenport too.
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on this line but not on Pamunkey lines. Very quickly, he theorized that Richard
Davenport of County Line might, in fact, be the earliest documented member of the
New Kent/Hanover Davenports. This identification also gave a home to two other
Davenports who had never fit easily among the Pamunkey Davenport lines: Richard the
Headright, who whose 50 acre headright was part of a New Kent County Land Patent in
1677, and West Davenport, who appeared on the New Kent Quit Rents of 1704.
Once we’d agreed to test the theory that Richard of County Line was the first
documented patriarch of the New Kent/Hanover Davenports, we agreed that
members of this family had been innocently included in the Pamunkey family tree while
research was underway for The Pamunkey Chronicles (2009). Researchers for that
project had no reason to believe that another Davenport family existed in the Pamunkey
Neck region and assembled every Davenport record within the Southside York Basin
parameters and sorted them for family relationships using accepted genealogical
practices. At the time the Pamunkey records under analysis were created, the
Davenports who would later be identified as New Kent/Hanover Davenports lived
next door to or in the same neighborhoods as Pamunkey Davenports and were
associated with Pamunkey Davenports in public records. In some cases, Pamunkey and
New Kent/Hanover Davenports married one another. And the Pamunkey
Davenports were the major presence in the area; we would come to discover that they
outnumbered the New Kent/Hanover Davenports six-to-one. Prior to DNA testing,
it seemed entirely credible, therefore, that all Davenports in that geographical location
were part of the Pamunkey Davenport complex. Only DNA testing made it possible to
identify the New Kent/Hanover Davenports as separate and apart from the
Pamunkeys.
But simply having a theory about Richard of County Line & Albemarle’s
position at the top of this new Davenport family tree wasn’t enough. We had to wait for a
“paper-trail” proven male descendant of Richard of County Line to step forward for DNA
testing. If the “paper-trail” of a project participant could be verified, the DNA
identification of Richard of County Line & Albemarle would provide the project
participants who carried the unexpected—and new-- genotype with their earliest
documentable patriarch.
It took more than a year before a possible descendant of Richard of County Line
& Albemarle’s appeared in the DAVENPORT SURNAME DNA PROJECT. The first to
be tested was an African-American Davenport who believed he descended from Richard
of County Line & Albemarle’s son Martin—the son Richard of County Line had late
in life with a slave woman. We waited excitedly for the results. Unfortunately, this
proposed descendant turned out to be Pamunkey and his “paper-trail”, when re-
researched, bore this out.
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Our high hopes were dashed. All we could do was wait for another decendant to
appear for testing. Despite our eagerness to test our theory, that wait stretched for a year
and then a second, and then began a third.
At last, the DAVENPORT SURNAME DNA PROJECT participants who matched each
other but no other known line knew where they belonged. And we had a brand new
Davenport family to enumerate.
Our first work, as already noted, was to extract Richard of County Line &
Albemarle from the Pamunkey Davenport family tree and to verify his place at the
head of the New Kent/Hanover Davenports. As the study advanced, we also
discovered that our investigation delivered solutions to several genealogical mysteries. At
least one such mystery had plagued Pamunkey Davenport researchers for years; two
others emerged as a consequence of DNA testing, and the last was a long-rumored
account of ethnic heritage among some of the descendants of Richard of County Line
and his second wife, the widow Elizabeth Hamner. This study will also answer these
questions, which we frame as follows:
(3) Why do some families who do not have the Davenport surname carry the New
Kent/Hanover Davenport DNA?
(4) Are the descendants of Richard of County Line and Albemarle and the
widow Elizabeth Hamner of Cherokee heritage?
The complete answers to these questions will be found in the analysis that follows.
But to orient readers, we briefly touch on each question below. These areas of inquiry will
be of particular interest to separate groups of readers. If you do not descend from
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Davenport Kennedy, you may have very little interest in the material related to his
identification and descendants. If you descend from Crotia Davenport, formerly
identified as Pamunkey, or Charles Kennedy, or Joseph Davenport, you will also
find this section illuminating. In fact, we believe that these new identifications are
critically important to defining the New Kent/Hanover Davenport line—but we
recognize that these sections may be of little interest to the more casual reader. Similarly,
if you are descended from one of the two Pamunkey sons whose DNA tested New
Kent/Hanover, you may want to focus only on the material related to that son, at least
to get started. Finally, if you descend from Richard of County Line and his first wife,
you may or may not be interested in the question of Cherokee heritage. If your interest is
limited to but one of the sections that follows, feel free to skip to that. If you have no
interest in any of these questions, we encourage skipping them and reading ahead, to the
suggestions for how to make best use of this study. But we think you will return to these
sections eventually so have placed them here, before the records and analysis, to provide
you with a better orientation to the material that follows.
DK was not a child of either Charles Kennedy or Crotia Davenport but was the
illegitimate son of Joseph Davenport (aka “Joseph the Customer”) and an
unidentified Kennedy woman, herself likely a sister to Charles and Patrick
Kennedy.
Joseph Davenport was one of the New Kent/Hanovers, for he was multiply
listed as a customer in an account book of a merchant located near Hanover Court
House in 1743-44. Time and age-wise, he was most probably a brother to Richard
of County Line & Albemarle. Joseph may have been the Private Joseph
Davenport in Gooch’s Regiment of the British Army recruited in Virginia for
service against the Spanish in the Caribbean and Venezuela (“War of Jenkin’s
Ear”), whose drawing of rations was recorded by the British Navy. The debt of
Joseph Davenport was paid, and so noted in the account book, by the Hanover
merchant himself, suggesting that Joseph did not return from the War
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Pamunkeys in the records. Martin himself named no daughters in his will, and has
been credited with more daughters than can be accommodated logically). And DK
is her nephew.
Charles Kennedy, in turn, was DK’s uncle, as was Patrick Kennedy and
Richard of County Line & Albemarle.
DK might have been illegitimate on paper and according to the customs of the
times but he was a New Kent/Hanover Davenport in fact. Uncovering his story
allowed us to tell Richard of County Line & Albemarle’s story, as well as the
stories of other New Kent/Hanover Davenports. So we are careful to include a
complete discussion of DK’s life and history in the records analysis that follows.
Participants in the DAVENPORT SURNAME DNA PROJECT have known since 2008 that
“paper-trail” descendants of two of the five sons of Pamunkey John Davenport (aka “John
the Bankrupt”) do not bear Pamunkey DNA. “ John the Bankrupt” Davenport was a son
of Martin Davenport who was himself a son of Davis Davenport, the Pamunkey’s Colonial
Virginia patriarch. The Pamunkey DNA has been well-established in multiple
descendants so when the descendants of John’s sons William (b. c1740) and Richard (b.
c1750) were tested, they expected to find that they carried Pamunkey DNA.
They did not. Instead, they discovered that they carried the DNA of an unidentified
individual—DNA that eventually was identified as New Kent/Hanover Davenport DNA.
Pamunkey researcher John Scott Davenport had earlier proposed that Richard of
County Line & Albemarle might well be the progenitor of this errant DNA—Richard lived
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next door to “John the Bankrupt” and his wife Mary and either he or his sons lived in close
proximity to Woodruffs and Overtons--but this theory could not be proven unless
Richard’s DNA could be identified from a descendant. Once this was accomplished, the
records analysis that follows bears out the original theory.
When all is said and done, there is only one way Richard’s DNA could have appeared
in two of the five sons of his next door neighbor.
Those with a special interest in this subject may find it useful to: (A) consult the late
John Scott Davenport’s appended annotations on the Colonial Virginia Woodroofs; (B)
use the “Find” function to search the document for Woodroof/Overton extractions.
Many among the descendants of Richard of County Line and the widow Elizabeth
Benge Hamner recall family claims of American Indian heritage. Unlike the rumors of a
“Cherokee Princess” being someone’s grandmother that are commonly heard in
genealogical circles, this family line never described their American Indian heritage in
that way. Instead, they stated it as a fact but could not fully describe it or prove it. One
descendant described an ancestor who had gone to Georgia before the Trail of Tears and
had married a Cherokee woman there.
The Indian Removal Act of 1830 authorized the forced removal of the members of the
Muscogee (Creek), Cherokee, Choctaw, Seminole, and Chickasaw nations (known as the
“Five Civilized Tribes”). Each tribe was moved westward between 1831 and 1838, with
the Cherokee the last to leave in 1838. Their forced march left between two and six
thousand Cherokee dead and came to be known as the Trail of Tears but is best
understood as a government initiated and sanctioned ethnic cleansing and relocation
program designed to open Indian land for white settlement.
As it turns out, the records demonstrate that the descendant who noted the Cherokee
marriage in Georgia was not far off. Richard of County Line and Albemarle’s son,
Richard, Jr., did in fact go to Georgia before the Trail of Tears, arriving in 1784. He
may have married a Cherokee woman (see below). If he did, he was only following in his
father’s footsteps. Diligent research makes it clear that Richard of County Line and
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Albemarle’s second wife, Elizabeth Hamner, was the daughter of Thomas Benge (b. ©
1710) and Martha Martin (b.(c) 1718), and of Cherokee descent.
The Benges were of European origin (variously claimed as Scottish, Welsh, or French,
depending on the researcher) but became a prominent Cherokee family through
generations of intermarriage. Thomas Benge’s grandson, Chief Robert Benge, a cousin
of the New Kent/Hanover Davenports, became a fierce opponent of European
settlers on the frontier and is often described as the most feared of all Cherokee
warriors. In Cherokee records, the family name is recorded variously as Benge and
Bunch.
Another Cherokee researcher notes that Martha Martin was a member of the Ah-
ni-wo-di or the Paint Clan of the Cherokee, which certainly could have been the case if
her mother was Cherokee, since clan membership was determined through maternal
lines. “Those belonging to this Clan made red paint. The tribe's medicine men,
Dida:hnvwi:sgi (healers) and Adawehi (wise men), traditionally came from this clan at
one time in Cherokee history. The Clan Color for the AniWodi is White and their wood is
Locust. Historically known as a prominent medicine people. Medicine is often 'painted'
on a patient after harvesting, mixing and performing other aspects of the ceremony. At
some Oklahoma Cherokee ceremonial grounds, the Paint arbor is to the left of the Bird
arbor”
(http://cherokeeregistry.com/index.php?option=com_content&view=article&id=23&It
emid=40).
Martha Martin was also the grandmother of Seqouyah, the great Cherokee
scholar who established the syllabary for the Cherokee language, which makes Seqouyah
a cousin of those New Kent/Hanover Davenports who descend from the union of
Richard of County Line and Albemarle and Elizabeth Hamner.
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Research into Thomas Benge and Martha Martin was enough to provoke
speculation about the American Indian heritage of some of the New Kent/Hanover
Davenports but it was hardly enough to prove it. Instead, we learn the truth because of
the court records left behind by Richard, Jr. during his time in Wilkes County,
Georgia. Remarkably, these records describe both his complexion and the ways in which
he was mistreated. During the ten years he spent in Wilkes County, he was harassed and
falsely imprisoned after being “confused for a slave.” He had financial trouble and was
constantly in court defending attempts by his neighbors to collect money from him or to
collect money from his neighbors. He assaulted several individuals who were bound up
with his money troubles. He claimed defamation based on comments about his status
and his skin color. Eventually, Sheriff John Clarke--brother of one of the two most
notorious Indian fighters in Wilkes County, Elijah Clarke—sold Richard, Jr.’s land at
public auction (described in some records as “at public outcry” because the sale was a
sheriff’s sale) to recover a debt. The purchaser? Elijah Clarke’s old partner and the other
notorious Indian fighter of the area--Brigade Major Buckner Harris.
The records make it clear: Richard, Jr. got into trouble with his neighbors, often over
money but more dramatically over his status as a member of the Wilkes County
community. The entirety of his financial woes was complicated by his skin color. He was
a man who could be—based on dark-complexion alone—picked up as a slave who was
wandering free and who therefore must have escaped his master.
The political context of Wilkes County, Georgia during the years of Richard Jr.’s
residence is the critical context for understanding his troubles there. Of the first seven
counties of Georgia, six were established from existing parishes. Wilkes County alone
was established from land bought up by the British government to pay off the debts of
Indians to Indian traders and to take their land in the process. The scheme, hatched
before the Revolutionary War, went like this: the then-British government would pay
the tribes’ debts to the traders and, in exchange, the tribes would hand over their land to
the government and leave. The whole plan was codified in 1773 but little action was
taken until 1777, when the land the now-US government took in exchange for the debt
repayment became Wilkes County, Georgia.
Richard, Jr. arrived in Wilkes County in 1784, when the notion that Indians
would no longer occupy this land must still have been a hot-button item and military
skirmishes with tribes reluctant to leave remained common. With his Indian
appearancre and his Indian wife (see below) Richard, Jr. would not have been a
welcome member of the Wilkes County community.
Did Richard, Jr. marry an Indian woman, as his father had before him, as his
descendent claimed? It’s possible but unproven. His wife, Jane Lewis, was the
daughter of John Lewis, of Totier Creek in Albemarle Virginia, where Richard, Jr.
and Jane Lewis married. Not long after their marriage Richard, Jr. and Jane went to
Georgia together. Genealogical research by a host of Lewis researchers over more than a
century has not been able to connect John Lewis of Totier Creek with any of the
prominent Lewis families of Albemarle County (not one of whom would have permitted
their daughter to marry a yeoman farmer) nor to ascertain his parentage. He seems to
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have stepped out of thin air. But of course, he may well have had an unwritten heritage.
Lewis is a Cherokee surname prominent among the members of the Ah-ni-sa-ho-ni or
Blue (Blue Holly) Clan. It shows up on the Dawes Rolls a hundred and twenty years
after Richard, Jr.’s time in Wilkes County Georgia (as does Benge, of course).
Richard, Jr.’s grandsons will continue to be described as having dark complexions,
black hair, and gray eyes well into the nineteenth century. His descendants in
subsequent generations will all claim American Indian—and always Cherokee—descent.
***
The methods used to create this study followed standard genealogical practices.
Obviously, records pertaining to the New Kent/Hanover Davenports have not been
assembled and analyzed before, save as some of those records were included in
Pamunkey Davenport research. Therefore, we begin at the beginning—which is,
admittedly, speculative—and extend the investigation to include family case studies of
three descendant families, all identified by DNA as New Kent Hanover Davenports.
These case reports appear at the end of the main monograph and provide family history
through the nineteenth-century and, in one instance, into the twentieth century.
New Kent County was created out of York County in 1654 and consisted of two
separate parts. Southside New Kent was that part lying on the south bank of the
Pamunkey River from its headwaters on the Blue Ridge to below the confluence of the
Pamunkey and the Mattaponi Rivers which formed the York, itself an arm of Chesapeake
Bay. Northside New Kent was on the north bank of the Mattaponi River from Gloucester
County on the southeast to the Mattaponi headwaters in the foothills of the Blue Ridge.
Lying between Southside and Northside was Pamunkey Neck, that long finger of land
ninety or so miles in length, with an average width of nine miles. In the 1640s, Pamunkey
Neck had been set aside as an Indian Reservation. When New Kent was erected, the Neck
belonged to the Pamunkey and Chickahominy tribes.
While there has been substantial record loss relative to Northside New Kent, King &
Queen, King William, and Caroline counties, all jurisdictions of the north side of the
Pamunkey River, a records shell nevertheless remains and enables limited genealogical
research. However, there are virtually no records remaining prior to 1865 in the base
counties of Southside New Kent: namely New Kent and Hanover, erected out of Upper
New Kent in 1720. This means that a county record vacuum in both New Kent and
Hanover exists from earliest Virginia to 1865, a period of almost two-and-a-half centuries.
That record vaccum is where we begin. Two volumes of Hanover records prior t0 1800
remain and we were able to make pertinent extractions from those volumes to begin the
discussion. Several key points guide our review and identification of New Kent/Hanover
Davenports:
First, we hypothesize that the New Kent/Hanover Davenport family was first
located within the jurisdiction of New Kent County (1656 forward), for we find no trace of
them elsewhere. Then, as their settlement continued to press northwestward (we do what
we can with Hanover County after 1720), the New Kent/Hanovers followed the
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recognizable historical Virginia settlement pattern, moving from Upper Hanover (Louisa
County) to the Blue Ridge and Albemarle County by the 1750s. Extant public records
began at the Hanover/Louisa Line, exactly where we found the first documentable
member of the New Kent/Hanover Davenports, namely Richard Davenport of
County Line & Albemarle. Facts succeed hypothesis thereafter.
Second, because Colonial and pre-1865 records of New Kent and Hanover counties
were destroyed in court house fires, we were forced to speculate as to Colonial Virginia
beginnings of this new Davenport family from meager land and tax records maintained
by Williamsburg (before 1780) and Richmond (after 1780) and from the clues offered us
by DNA analysis and the records of family participants in the DAVENPORT SURNAME DNA
PROJECT The public records themselves provide only bare bones mentions of members
of this family, and offer little or no continuity.
The “New Kent” portion of the family label comes from a belief that the American
beginnings of the Family occurred in New Kent. We speculate that the Family actually had
its Virginia beginning with a Richard Davenport, whose 50-acre headright was among
14 such used to pay for a 1677 Patent for 700 acres in Upper Southside New Kent County,
subsequently (1720) in lower Hanover County. Further, we speculate that this first
Richard, a headright from England, was followed by a West Davenport, possibly a
son, who appeared on the King’s Quit Rent List of 1704 for New Kent County, charged
with 125 acres.
Of Richard the Headright, West the Land Owner, and Joseph the Customer, we
have expended our knowledge solely by their identification. But we are not quite finished
with them. When we combine Richard of County Line & Albemarle with Richard the
Headright, West the Land Owner, and Joseph the Customer, the New Kent/Hanover
family begins to emerge.
With this framework in place, we are ready to move to an analysis of the records. In
the discussion that follows, we have been careful not merely to cut and paste in a
speculative fashion, but to include an exhaustive assembly of those records that support
the isolation and identification of this new Davenport ancestry.
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Tips for using this document
The sheer volume of records makes this document a challenge. Here are some tips for
getting the most out of this study. It is possible to sit down and read and enjoy and we
encourage you to do so. Still, some tips will be useful:
1. Records are arranged chronologically, beginning with the earliest records and
ending with the most recent. If you are interested in Richard, Jr.’s travails in
Georgia, you might turn to 1784 to begin and proceed from there. Richard, Jr.’s
records will be interrupted by records, in chronological order, belonging to other
New Kent/Hanover Davenports elsewhere.
2. Every record appears first, with an explanation of its meaning in italics below it.
So you will read a record, read an explanation, and then proceed to the next record.
Only in this way can the records be assembled chronologically and explained at the
same time. Each record’s source is cited before the explanation begins. This
permits future researchers to return to the original to draw their own conclusions.
Some records are self-explanatory and do not have an explanation in italics.
Explanations include identifications of neighbors and, whenever possible,
information regarding the relationships of New Kent/Hanover Davenports with
others in their communities. In this way, the relationships that support
genealogical identifcations are also illuminated.
3. The dates are color coded so you may trace your line through the records. Richard
himself is not color coded but each descendent of Richard of County Line &
Albemarle or his two siblings has been color coded. You can follow your line by
identifying your ancestor on the “Five Generations” chart that appears at the end
of the study, identifying your ancestor by color, and following only the color of that
ancestor. The year of the record pertinent to your ancestor will appear in his or her
color. To find your ancestor, you may consult the “Five Generations of the New
Kent/Hanover Davenports” chart appended to the main document.
Color chart:
16
County, 1805, possibly in Buckingham and/or Campbell thereafter, dying in
Campbell.]
RICHARD JR. [b. c1755, Hanover County; m. LUCY JANE LEWIS, c1770; d.
after 1821, Albemarle County?. [Moved to Georgia in 1784, but returned c1792.]
MARTIN [b. Albemarle County, c.1788, m.? d. ? Natural child with unknown
African American woman. Children Unknown.]
17
CHARLES [b. c1755, Hanover County; m. DOROTHY MALLORY JARRATT
(A4c2), c1785, Burke County, North Carolina; d. cSep1819, Madison County,
Alabama.]
Pamunkey Davenports: William, b. c. 1738 and Richard, b. c. 1750, and records pertaining
to William Davenport, son of Martin, son of Pamunkey patriarch Davis Davenport, the
grandfather of Davenport Kennedy’s orphaned children.
Lucy Davenport Venable, proposed sister of Richard of County Line & Albemarle.
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THE BEGINNING OF THE
NEW KENT/HANOVER DAVENPORTS
-----1677 - LAND PATENT: John Webb & John Rea [Ray], 700 acres in the Upper part
of New Kent County, on the south side of land formerly taken up by Andrew Davis
on Machumps Creek--500 acres belonging to said Webb, 200 acres belonging to said
Rea. Transportation of 14 persons including RICHARD DAVENPORT. [Others of no
interest.] (Virginia Patents 6:619)
This land lies in what became Hanover County in 1721. Mechumps [sic] Creek
is a north flowing tributary of the Pamunkey River connecting just below Hanover
Court House. Considering that this Patent was granted to persons who also appear
on a Processioning Order twelve years later (see below), and that a Giles West
appears thereon also, and a West Davenport was charged with 125 acres in New Kent
fifteen years later, we believe we have an ancestry chain in development.
Mechumps Creek was across the Pamunkey River (a short distance south) from
where Davenport's Path first crossed Pamunkey Neck before 1705.
4May1689 - LAND PROCESSIONED: St. Peter's Parish, New Kent County. "In pursuance
of the Act of Assembly enjoining ye Remarking of each man's land once in four years."
Among those whose lands were ordered processioned [resurveyed and restaked or
blazed as to bounds]: A long list including John Webb, Widow Ray, Henry Martin,
Thomas Martin, Giles West, Andrew Davis, and Mr.[Cornelius] Dabney. [No
Davenports.] [National Society of Colonial Dames, The Vestry Book of Saint Peter's,
New Kent County, Va., from 1682-1758 (Richmond, 1905), 16-19]
The Established Church (Anglican) was an arm of the government and had the
responsibility for determining who paid the King’s Quit Rent, the annual payment
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every freeholder was required to pay the King for the privilege of the King allowing
them to hold land. To insure that every landowner paid his full share, Parishes
were required every four years to Procession. This mean that the Parish had to
physically verify the bounds of every landowner, compute the acreage thereof, and
provide a list to the Sheriff, who had the responsibility to collect the King’s due at
so many shillings or pounds of tobacco per acre. Richard Davenport the Headright
was not cited in this list of land owners, but some of the names on John Webb and
John Rea's (Ray's) Patent list paying for the 700 acres adjoining Andrew Davis in
1677 were, including Davis. According to the Vestry Book, John Webb, likely the
patentee of 1677, was sexton for the Upper Chapel of St. Peter's for many years. He
appears to have continued in the role for St. Paul’s Parish, erected out of Upper
New Kent and St. Paul’s Parish in 1706, and remained in the post until mid-1714.
The Rea/Ray surname, Andrew Davis, Cornelius Dabney, and various Wests
appear consistently in both the St. Peter’s and St. Paul’s books as free-holders to be
processioned or persons to be paid for goods or services.
This was the parish where the New Kent/Hanover Davenports would have
been if they were of Richard Davenport the Headright and/or his issue. St. Peter’s
jurisdiction included the Pamunkey Indian reservation in the south half of
Pamunkey Neck. The Neck was divided by the low ridge down the middle that
created the individual watersheds for the Mattaponi River northeasterly and the
Pamunkey/North Anna southwesterly. Each reservation was an unwieldy strip,
four-to-five miles wide and sixty-or-so miles long. The northern side of Neck
belonged to the Chickahominy Indians. That was where the Pamunkey Davenport
had their roots.
Absence of Davenports from both the St. Peter’s Vestry Book and Parish
Register suggests that they were not physically in the Parish after they came from
England or they were freemen who paid their tithes (required by Law) and had no
association with the Church beyond attendance, if that, or were freemen within
the households of masters who paid their tithes for them. Hence they had no record
identity of their own, or they were indentured servants or slaves who were even
less noticeable. In the main, a Vestry Book was a record of the Aristocrats who
managed the Parish and kept track of land ownership so the King could collect his
annual rent; the Vestry Book also kept track of the destitute, sick, lame, orphaned,
and bastards who required charity, and of those who provided that charity at
Parish expense. In essence, a Vestry Book identified the highest and the lowest in
Social Class with the majority of the inhabitants going unmentioned. The
Davenports of New Kent/Hanover were Middle Class when they appeared in
public records. If within Parish bounds, they simply were unworthy of record and
had no need for charity.
After April 1704, Upper New Kent was organized as St. Paul's Parish (later
the south half of Hanover County). The St. Paul’s Vestry Book (1706-1780) contains
no Davenport mentions. St. Martin’s Parish, cut off from St. Paul’s at the Fork of
the Pamunkey into the North and South Anna and upwards in 1728, was the home
20
parish of the Hanover and County Line Davenport. No 18th Century St. Martin’s
records survive.
--Jan 1704 – STILL SEXTON?: John Webb was identified as the sexton of the Lower
Chapel of St. Paul’s Parish on the first page of The Vestry Book of St. Paul’s Parish,
New Kent County. [Chamberlayne, C. G., The Vestry Book of St. Paul’s Parish,
Hanover County, Virginia, 1706-1786 (Richmond: The Library Board, Division of
Purchasing and Printing, 1940), 1].
John Webb was identified as the co-patentee of a tract paid for in part by the
headright of Richard Davenport in 1677, then was identified as one of those
processioned in St. Peter’s in 1689, and then was identified as the sexton of the
Upper Chapel of St. Peter’s until it was cut off as part of St. Paul’s. The transcriber
found the early pages of St. Paul’s Vestry Book so damaged that he chose to identify
his transcriptions as starting in 1706. The damaged pages however were
transcribed as completely as possible. The earliest John Webb item survived
sufficiently as to be recognized as a standard entry made by the Vestry every year.
It was his annual salary paid in 600 pounds of tobacco, which ceased in the middle
of 1714. He had held the post for at least a quarter century.
The writing of the given name on the original Roll is a scrawling that some
readers have transcribed as “Mest” or “Mart.” We see it as “West.” Both New Kent
and Hanover records have been destroyed, and no mention of a West Davenport
has been found in the St. Peter or St. Paul Parish Vestry Books. Colonel Nathaniel
West, whose manor plantation was at the tip of Pamunkey Neck, had considerable
land in Southside New Kent. There were a number of Wests cited in the land
processionings recorded in both Parish books. No connection of the Davenports to
the Wests has been found. Colonel John West figured prominently in the history of
Pamunkey Neck and early Virginia—and owned considerable land in Southside
21
New Kent. One of the younger grandsons of Lord De La Warr (later Lord
Delaware), West served briefly as Governor of Virginia in the mid-1630s after
deposing the seated Governor Harvey--for which West was subsequently arrested
and carried to England in chains and there tried and acquitted. He returned to
Virginia and was active in public roles until his death, including serving on the
Council of State during Cromwell's Commonwealth. No marriage relationship
between the Wests and the Davenports is claimed, as the social distance between
the families would have been too great, but if that Davenport listed in the New Kent
Quit Rents of 1704 was truly West Davenport, then there was a West association
or influence of some nature. The West Family had members of the lower class:
younger sons who were failures, illegitimates, and those who had fallen from
grace. More than one Virginian used an aristocrat’s surname as a son’s first name
to curry favor. Richard Davenport was most likely a commoner. In colonial times,
Commoners married Commoners, not Aristocracy, and the multiplicity of
American Davenport DNAs which do not match the English Davenport DNAs in
the 21st Century prove that there had to have been many paternal events in ancient
times.
C1706-1711 – BIRTH YEAR: Based on the legal age of his eldest son Joseph, Richard
Davenport of County Line & Albemarle was likely born during these years.
Joseph witnessed a Louisa deed in 1757, which meant that he was of legal age,
i.e., 21 or older. Witnesses could be called upon to prove deeds by oath in Court,
and no oath by a minor was valid. Allocating 22 years to Joseph in 1757 and
considering that he was first in order of children named in his father’s will and was
the first of them to appear in public records, we believe he was the eldest.
Considering further that early marriages in Colonial Virginia were generally
matters of necessity rather than choice, and that fathers expected five or more
years of mature labor from their sons before they struck off on their own, we
estimate that Richard was at least 25 before he married. Ipso facto, Richard was
at least 26 when Joseph was born. Richard’s birth year, so based, is estimated to
have been between 1706 and 1711. By our hypotheses, the birth would have been
in New Kent County. If so, he could have been a son of West or Mest Davenport,
per King’s 1704 Quit Rent Roll for New Kent County. Richard died in Albemarle
County in 1792, having had a life span of 81 to 86 years.
Based on the apparent age of his eldest son Garret (by a first wife) and
documented birth date of his oldest daughter as 1749 (Anee, first child of second
wife Crotia Davenport), Charles Kennedy was likely born during these years. His
22
birth would have occurred in Frontier New Kent, Hanover after 1721, and St.
Martin’s Parish after 1728, for which all early records are lost. He died in Hanover
in 1785.
A 1731 Spotsylvania deed provides cause to believe that William and Ann had
an early marriage of necessity, with the groom being of 16 or 17 years and the bride
likely younger. George Woodroof (the Woodruff spelling came later) was trustee
for Ann’s 380 acres, which was to be held until Ann was of legal age or until she
had married with Woodroof’s approval. In July of 1731, Woodroof sold 180 acres
of Ann’s inheritance to Joseph Temple, husband of Ann Arnold, Jr., aunt to Ann.
Witnesses to the conveyance of Ann’s land held by Woodroof in trust were
William’s father, Martin Davenport; Ann’s father Frank (Francis) Arnold; Ann’s
mother Rachel Arnold; and Ann’s older brother Benjamin Arnold. All witnesses
signed with a mark. Jane Woodroof, George’s wife and Ann’s aunt, added a dower
release witnessed by John Waller, Jr., who later had a role in New Kent/Hanover
Davenport land affairs, and Ann’s brother Benjamin Arnold.
The constituency of the deed group strongly suggests that Ann was in a family
way, that William was the under-age father (why else was Martin Davenport
involved?), and that all parties, especially Uncle George Woodroof, were making
the best of an awkward situation. Ann’s inheritance was sold in part to her Uncle
Joseph Temple, with Uncle George funding the young couple. The remaining 200
acres of Ann’s inheritance was conveyed by Woodroof to William and Ann jointly
in 1736, possibly when Ann reached age 21. Previously, William had witnessed a
Hanover deed in 1734 and been named with his mother as a co-executor of his
father’s will in 1735, both actions suggesting that he was of legal age by 1734.
William and Ann Davenport’s first child was Mary Davenport, who married
William Arnold, apparently a first cousin. She was at least eight years older than
her nearest identifiable sibling. William’s and Mary’s son John Arnold became an
23
in-law to and had a role in New Kent/Hanover affairs in Louisa County, Virginia,
and Abbeville District, South Carolina in the last two decades of the 18th Century.
In the 18th century, in the vicinity of North Anna waters and the Blue Ridge,
today’s “Woodruff” was consistently spelled “Woodroof.”
The land intended to be surveyed and patented included the Little Rocky Creek
and Rocky Creek watersheds of New Kent (after 1721 Hanover, and after 1741
including both Hanover and Louisa), but Arnold, the Indian Trader and prime
mover of the venture, died. In 1724, the Syndicate became Thomas Carr, Jr.,
William Smith, Thomas Dickinson, Ambrose Joshua Smith, William McGee, and
Ann Arnold, widow of Benjamin, and their petition was for 5,000 acres. (The new
petition identified who had succeeded who as members of the syndicate and asked
that each of the new members be granted individually 1,000 acres each--George
Woodroof had dropped out of the venture, obtained a patent further north in
Hanover/Louisa.) While the syndicate was reorganizing, Martin Davenport made
a survey for 400 acres, which pre-empted the syndicate as to his land. Thomas
Carr, Jr., had made a survey for 3,770 acres adjoining Davenport and taking up
all of the Little Rocky Creek watershed, also pre-empting. Syndicate members
individually obtained patents from their petition for acreage in the Rocky Creek
watershed and upwards. But 1715 marked the beginning of interest in the land
that included the future County Line tract of Richard, patriarch of the New
Kent/Hanover Davenports.
24
While teenage mothers were common in Colonial Virginia, they were
predominantly in the Lower Classes. The Kennedys were Middle Class, meaning
most would expect to marry in their 20s. Unmarried females above age 30 were
considered spinsters or “Old Maids.” Giving Crotia the benefit of the doubt,
postulating that she was married by the age of 25 and her first child was born
within a year, we estimate that she was born 1722-1727. Therefore, she was
approximately 16 years younger than her brother Richard Davenport of County
Line & Albemarle, not unreasonable in those days of large families by multiple
wives. She outlived him by 20 years and died in 1811-1812, by that time a very old
lady bitterly locked in a lawsuit with her children over the ownership of slaves.
This land adjoined Martin Davenport on the downriver (Southeast) side of the
North Anna. Davenport, eldest son of Davis Davenport and therefore a Pamunkey
Davenport, had not been in Hanover long, for he had sold 50 acres in King William
County in 1721-22. He had been assessed for 100 acres in the King William Quit
Rents of 1704. We note this patent, and the patent below, because these purchases
effectively begin the County Line neighborhood where Richard of County Line &
Albemarle would hold land for fifty years.
On 6 Feb 1730, Carr sold this tract to Francis Strother, who, upon having the
land surveyed again, found that it contained 654 acres, more acreage than listed
in the original patent. The land, therefore, required re-patenting so that the new
owner could obtain a title for the surplus acreage. Carr’s upriver land was
patented two years before Martin Davenport patented his tract, but Davenport’s
survey had been made earlier and must have been well marked if Carr’s survey
used it as benchmark. The cost of the patent likely contributed to Davenport’s delay
in obtaining title. 40 shillings was a lot of money to a commoner. On the other
hand, Captain Thomas Carr, the patentee here, was an aristocrat, and the second
of three Carrs (grandfather, father, and son) who were prominent in Pamunkey
Neck land affairs.
7Feb1726/27 - LAND PATENT: Martin Davenport, 400 acres of New Land in Hanover
County on the south side of North Anna River, beginning on the River, running up
the course to the mouth of Little Rocky Creek, thence South, thence South West,
thence South, thence North East to the beginning. For 40 shillings. (Virginia
Patents 13:190-191)
25
Prior to 1725, Martin Davenport was settled in Pamunkey Neck (now upper
King William County). He lived on his Hanover tract at least two years before he
obtained the patent for it.
The County Line between Hanover County and Louisa County (erected in 1742
from the upper half of Hanover County) started at the mouth of Little Rocky Creek
on the south side of the North Anna. Little Rocky Creek enters the North Anna a
short distance below Big Rocky, which by the 1970s and with the damming of the
North Anna, became an arm of Lake Anna. When the boundary between Hanover
and Louisa was surveyed seven years after Martin’s death, his patent of 1727 was
totally within Hanover County and adjoined Louisa County. By the time Martin
Davenport made his will in 1735, he had conveyed away 250 acres, which we know
by later Louisa deeds was the part of the 400 acres that adjoined the County Line.
His home plantation then consisted of 150 acres directly across Davenport Ford
(later Bridge) of the North Anna from Spotsylvania County.
As we look at these two patents, it’s clear how Richard of County Line &
Albemarle’s original identification as a member of the Pamunkey family tree
emerged. His early records demonstrate his proximity to Pamunkey Davenports
and his business affairs are intermingled with theirs.
To further confuse the issue, a Louisa County Carr Estate deed in 1745 to John
Pettus (whose granddaughter Sussanah married John, son of Richard of County
Line & Albemarle) identified the portion of Martin Davenport’s patent adjoining
his land in Hanover County as in the possession of “one Garrett.” When Pettus
divided his land among his sons in his will in 1770, he identified Charles Kennedy
as the landowner where “one Garrett” had previously been. In an earlier iteration
of this monograph, we identified Garrett Kennedy as Kennedy’s eldest son, surely
a son by Charles Kennedy’s first wife, still unidentified, possibly a daughter of “one
Garret.” We have since been corrected by Connor researchers, who argue
persuasively that Crotia Davenport Kennedy married, first, Garrett Connor, had
a son, Garrett, Jr., who later appeared in records as Garrett Kennedy. Although
Garrett Kennedy was not mentioned in Charles Kennedy’s will, neither was
Charles Kennedy, Jr.. We suspect that Garrett Connor was adopted—whether
formally or informally, we can never know because of Hanover County records
loss—as an infant, and used the Kennedy name.
26
The only other Garret in the vicinity was a William Garret who appeared in
the 1760s in two documents:, once as a deed witness for Thomas Graves, one of the
minor role players in this analysis, and once as a security for a tavern license for
George Lumsden, a major player whom we will shortly discuss. Garret was settled
in Louisa County beyond the St. Martin’s Parish Line (three miles above the County
Line) and he had no record association with either the Pamunkey or New
Kent/Hanover Davenports.
With “one Garrett” in possession of 250 acres of the Martin Davenport tract,
the original identification of Davenport Kennedy as a Pamunkey Davenport began
to take shape. As we will see in the records that follow, the DNA proof of Richard
of County Line & Albemarle as a New Kent/Hanover Davenport changed the
identification of Davenport Kenneday from Pamunkey to New Kent/Hanover.
22Feb1726/27 - LAND PATENT: Thomas Carr, gentleman of King William County, 3,770
acres of New Land in Hanover County, on the south side of North Anna River, on the
lower side of Great Rocky Creek and on both sides of Little Rocky Creek, adjoining
William Macgehee, Ambrose Joshua Smith, and Martin Davenport. [Consideration
not stated.] (Virginia Patents 13:210)
This is the major patent of our interest, for it ultimately contained, in one form
or another, all of the other land of the Hanover-Louisa County Line community.
Martin Davenport’s original 400-acre tract was the base tract of the community.
The Carr patent acreage equaled 5.9 square miles. Richard of County Line &
Albemarle’s 150 acres was within this patent. Charles Kennedy’s 175 acres was
within this patent. William Davenport (William, Sr., later of Spotsylvanis, and son
of Martin) had land and lived within this patent for at least fifteen years before
moving across the North Anna to his wife’s inherited land in Spotsylvania. Again,
Richard of County Line & Albemarle’s proximity to Pamunkey Davenports created
the impression that he was one of them.
The patentee described in the record above was the senior Thomas Carr, the
longtime King William Magistrate whose title of “Gentleman” denoted that he did
not have to work for a living. Thomas Carr’s land acquisition was a clean-up
matter, not unusual for a wealthy man at the time, for it was a power matter, a
speculation. The aristocrat Carr, having the price, took up all the vacant land
between existing patents (or surveys) within the drainage of Little and Big Rocky
Creek of the North Anna in Hanover County.
Of the others listed on the patent, we know the following: William MacGehee
and Martin Davenport were settlers; Ambrose Joshua Smith was a land
speculator who lived in Lower Hanover (St. Paul’s Parish)--he also had nearby
patents on the north side of the North Anna. Beginning in 1742, the surveyed
boundary between Hanover and Louisa Counties would bisect the patent; most of
the land would fall into Louisa County.
27
17Apr1728 - LAND PATENT: George Woodroof of King William County, 380 acres of
New Land in Spotsylvania County on the north side of North Anna and on the east side
of East North East Creek, beginning on the North Anna River, thence North, thence
West to the side of a hill, thence West to two valleys, thence South to the north side of
East North East [River], thence down East North East to the mouth of the East North
East on the north side of the North Anna, thence down the North Anna to the
beginning. [By Order of the Governor's Council.]. (Virginia Patents 13:262)
The patent described here included both sides of the lower end of Arnold’s Run
and the north side of Davenport Ford of the North Anna. This patent was Anne
Arnold's legacy from her grandfather, Benjamin Arnold, a well known Indian
trader. After Anne’s father (Francis Arnold) gained assistance from Anne’s
grandmother (Ann Arnold, Sr). he unsuccessfully tried to obtain the land. But the
Patent was granted to Woodroof, who served as young Anne’s trustee.
We can establish DK’s age by the fact that he indentured himself on 25 Sep 1752
to a Master to learn the carpentry trade (see below). To have done so, he would
have had to have been at least 16 years of age and fatherless. In such cases, a Court
would have had oversight over the indenture to protect the minor from (1) the
Master’s abuse; (2) the Master’s failure to provide proper clothing, food, and
lodging per agreement; and (3) the failure of the Master to pay the agreed
Freedom Dues, which were the Apprentice’s stipulated earnings to be paid on
completion of the four years of labor. That DK was older is obvious by the fact that
he did not seek the Court’s protection in 1752, but paid to have the indenture
recorded in a Louisa Deed Book in 1765, long after it had been fulfilled. If DK had
been 21-years-old in 1752, no Court approval would have been required, for he was
old enough to have made a legal contract--the indenture was no more than a
contract between a minor and an adult, with the Court serving as a protector of
the minor. In 1752, DK did not appear to need this protection.
We find further evidence of DK’s legal age in the two deeds DK witnessed in
Orange County (where Thomas Montague, his Master, lived) in 1753, and an
additional deed he witnessed in 1753 in King George County, where he was
apparently working (see below).
28
DK’s Master, Thomas Montague, was a widely known and well employed
contractor at the time. He appeared in a number of Court records, receiving
contracts or orders to be paid—along with lawsuits of one kind or another.
(Montague was renovating the Louisa Court House in 1765 when DK recorded his
long completed indenture, possibly because DK thought the work belonged to him
or he because was undertaking the apprenticeship of Ezekiel Wash and needed to
prove that he had completed an apprenticeship himself.) The fact that DK
witnessed legal documents during the years of his apprenticeship years is concrete
evidence that he was Of Age.
We next establish DK’s age by his daughter Dicey, who married James
Davenport, Jr. Junior was the third son of James, Sr., youngest son of Martin, Sr.
He was badly wounded at the Battle of Brandywine during the Revolution, was a
disabled veteran for the rest of his life. Between his returning from war and moving
to Georgia with his father in 1791-92, he went back and forth as to which side of the
County Line he inhabited. Documentation proves that Dicey was born in June 1759
(James Davenport, Jr. Family Bible, Palmento, Georgia, reported 1920), well after
DK had completed his apprenticeship. In 1788, she and her husband joined her
sister Nancy and brother Joseph, all of age, in suing their five minor brothers and
sisters for a division of DK’s estate. By the Bible, she was 23 when her father died,
26 when she married James, Jr., 29 when she sued her siblings. Using Dicey’s
dates, we are able to “backtrack” estimate DK’s marriage date as 1758 and DK’s
assumption of occupation of Richard’s County Line tract and his marriage to the
unidentified daughter of William Davenport. William Davenport’s first child and
daughter Mary was born c1731, but circumstantial evidence suggests that his next
child was born as much as eight years later. A daughter born to William between
1735 and 1740 would have been of marrying age for DK in 1758.
This land was a short distance south of Martin Davenport’s land, near where
Richard Davenport of County Line & Albemarle would appear in records as soon
as Louisa County was erected from the upper half of Hanover County in 1742.
Neighbor Robert Sims had obtained his land from Carr between the date of the
patent and this date. That deed was recorded in Hanover County but lost in the
Burning of Richmond in 1865, where Hanover records had been taken for
safekeeping. Only the Hanover Small Book of Deeds and Wills, 1733-1735, has
survived for the Colonial years.
29
(east) side. He, his son, and his grandson, would have key roles in both Kennedy
and Davenport affairs for the next sixty-five years.
6-7Jun1734 - DEED: Richard Phillips, of St. George Parish, Spotsylvania County, to John
Searcy of St. Martin's Parish, Hanover County, for [consideration?], 600 acres of
woodland in Hanover County, adjoining Captain Carr, Martin Davenport, John
Wilson, and Paul Harrelson.../s/ Richard Phillips. Wit: John Cosby, Thomas Ballard
Smith, William Davenport. (Hanover County, VA, Small Book, 1733-1735, ?)
This was William Davenport’s (William, Sr., son of Martin) first appearance
in a public record. He was a favorite of his father, for he had two older brothers,
Thomas and Glover. Martin, Sr., mentioned neither in his will, and named William
as a co-executor of his estate. Grantee Searcy witnessed that Last Will & Testament
in 1735. Searcy’s land adjoined Martin, Sr., on the South and remained in Searcy
hands throughout the Century.
24May1735 - LAST WILL & TESTAMENT: Martin Davenport of St. Martin's Parish,
Hanover County, made this date; probated 2 Oct 1735. Named sons David and James,
to have 150 acres to be divided equally--David to have home plantation "where I now
live" and 75 acres; James to have remaining part. If son David dies without issue,
then to son Martin Davenport. If son James dies without issue, then to son John
Davenport. Son William Davenport to have 20 acres of the 100 acres of land in
King William County "left me by my father Davis Davenport". Executors: wife
Dorothy Davenport, son William Davenport ... /s/ Martin "(" Davenport. Wit:
Garrett Connor, John "I" Searcy, Henry Gambill. (Hanover County Court Records,
Wills, Deeds, Etc, 1733-1735, 339)
Thirty-two years after Martin's death (1767), the Widow Dorothy was still
living on the plantation, apparently in concert with her son James, for David had
moved to Cumberland County and onto his new wife’s plantation in 1765. In 1791,
James, moving to Georgia, sold the 150 acres to William Ashley of Spotsylvania,
less one-half acre for the Davenport Ford Methodist Church.
30
Considerable circumstantial evidence has been amassed over the years that
the five sons named in Martin's Will were not his only children, but perhaps only
his youngest or some of the children of his [last?] wife Dorothy, who was living on
the home plantation thirty-two years after Martin’s death when David mortgaged
it, subject to his mother’s alleged life estate.
Strong cases for their being daughters of Martin have been made by descen-
dants of Mary Gambill and Dorothy Baker, and circumstantially for Crotia
Kennedy. We now strongly question the Crotia identification, for we believe that
she was not Martin’s daughter, but a sister of Richard of County Line & Albemarle.
At the time of his death in 1785, Charles Kennedy owned the balance of
Martin’s patent that was not held by James Davenport, one of Martin’s devisees.
4Sep1735 – LEASE & RELEASE: Thomas Carr, Gentleman, of Caroline County, to William
Bigger, Jr., carpenter, of Hanover County, for 5 Shillings lease and £19/15 Virginia
money release, 158 acres in Hanover County on the south side of Little Rocky Creek,
adjoining Godwin Trice–being part of 3,770 acres granted said Carr by patent date
22Feb1727 ... /s/ Thomas Carr. Wit: Joseph Martin, John Carr, Thomas Moreman,
William Carr. Acknowledged in Court by said, and Mary Carr, wife of Thomas
relinquished dower rights, 4Sep1735. (Hanover County, VA, Deeds, Small Book, 326-
327)
By other evidences, this was the tract of land that Richard of County Line &
Albemarle acquired sometime in the late 1730s and held until he sold it to Tarlton
B. Luck in 1792, just before both he and Luck died.
Richard was an absentee owner after the early 1750s, when he moved to the
East Slope of the Blue Ridge in Albemarle County and established his plantation
there. The land cited here was astride the Hanover-Louisa Line with, by deduction,
the location of the manor house in Hanover County. With the exception of two
years (1770-1771) when it was taxed to Davenport Kennedy in Louisa, prior to 1780
all tithables (taxables) associated with this land were assessed in Hanover and no
tithables were assessed in Louisa County. Richard of County Line & Albemarle
appeared as an adjoining landowner on numerous Louisa deeds from 1749 until
the land was finally conveyed by Richard’s heirs in 1796, but he never appeared on
a Louisa tax list. No deeds, other than the 1796 deeds by his heirs, were recorded
in Louisa. Hence, he owned the land on the Louisa County side of the line but did
not occupy it, having built his house on the land on the Hanover County side of the
line.
31
3-4Sep1735 - LEASE & RELEASE: Thomas Carr of Caroline County, Gentleman, to Henry
Gambill (as Gambrill) of Hanover County, planter, for £21/2/5 current money, 176
acres in Hanover County on Little Rocky Creek, adjoining said Creek, said Carr–part
of 3,770-acre patent to said Carr on 22Feb1726... /s/ Thomas Carr. Wit: None.
Acknowledged by said Carr in Hanover Court the same day, Mary Carr, wife of Thomas
Carr, relinquishing Dower. (Hanover County, VA, Deeds, Small Book, 322-325)
Gambill was married to Mary, daughter of Martin Davenport, Sr. Both of the
tracts cited above were in the same neighborhood, namely the northwest corner of
St. Martin’s Parish. This was Henry Gambill’s first owned land. It, too, was
dissected by the Hanover/Louisa County line when it was surveyed in 1742. When
Gambill moved to Culpeper County in 1751, he sold the land to Charles Kennedy,
who was married to Crotia Davenport, sister of Richard of County Line &
Albemarle. Crotia Davenport Kennedy lived here after Charles died for the last
quarter of her life, and died here c1812.
Again, the reasons for including Richard of County Line & Albemarle among
the Pamunkey Davenports seem clear. But he was not, and never had been, a
Paumnkey Davenport.
30Sep-1Oct1736 - LEASE & GIFT RELEASE: George Woodroof, wife Jane, of St.
George's Parish, Spotsylvania County, to William Davenport [Sr.], wife Ann, of St.
Martin's Parish, Hanover County, for 5 Shillings, natural love and affection, and £5
Sterling, 200 acres in Spotsylvania County, beginning on the north side of the North
Anna River, a corner to John Minor , thence North with Minor, thence West to the
East North East River, thence down the said River the several courses to the mouth
East North East River on the north side of the North Anna River, thence down the
North Anna to the beginning–being part of 380 acres granted said Woodroof by patent
dated 17Apr1728 ... /s/ George Woodroof, Jane Woodroof. Wit: John Minor, J
Waller, Jr., Myles Potter, W Waller. (Spotsylvania County, VA, Deeds, C:200-201)
Woodroof received the land by patent in 1728 to hold in trust for Ann until she
had reached her majority or had married with his approval, whichever came first.
In 1731, Woodroof sold 180 acres of the patent (see above) to Joseph Temple, of
King William County, Ann's uncle by marriage, with her parents, an Arnold
brother (likely of half blood), and Martin Davenport, father of William Davenport-
-Ann's then or later husband--all witnessing. Here, Woodroof deeds the balance
of the tract to Ann and her husband William.
Despite their ownership of the Spotsylvania land, William and Ann lived in
Hanover/Louisa in or near the County Line community until 1750. At that time,
they moved across the North Anna to Spotsylvania and took up residence across
the river from Martin Davenport’s patent. William and Ann lived in Louisa County
near Richard’s County Line tract for at least fourteen years after their marriage.
William joined Charles Kennedy in being a witness for Richard of County Line &
32
Albemarle in 1744 relative to alleged damages at a social affair they all had
attended
c1738-1742 -- BIRTH: William Davenport, Jr. was born in Hanover County, Virginia,
per estimate.
William, Jr., eldest son of John Davenport (aka “John the Bankrupt”) and
Mary Smith, his wife, was born on the Davenport Ford plantation in Hanover
during these years.
The legal age of 21 was required for him to undertake these efforts to save his
father, but William, Jr. was surely older. Using the genealogically accepted two-
year interval for estimating years between sequential births in a family, and
working back from Richard’s documented birthdate, the latest William could have
been born, and therefore have attained the age where he was legally qualified to
pledge his wife’s assets, was 1744. More likely he was in his mid-20s in 1765.
Despite his noble intentions—whether to spare his father or spare the family name-
-William, Jr.’s pledging of Pulliam Estate assets in support of “John the Bankrupt”
was terminated by Court Order in 1773. In that year, Pulliam and Rawling uncles
were appointed guardians to the Pulliam orphans. James Pulliam’s orphans were,
after all, entitled to two-thirds of the rapidly dwindling Estate of their father. This
order effectively insured that Elizabeth Rawlings Pulliam Davenport and her
husband William, Jr. did not further deplete the Estate in futile efforts to save
“John the Bankrupt.”
William was the first of the Pamunkey Davenports to carry the New Kent/Hanover
DNA. The second was his younger brother Richard, b. c1750. Of “John the Bankrupt’s”
remaining sons—Martin, Jack Smith, and John, Jr.—the following can be said: a
male descendant of John Jr. carries the Pamunkey DNA. Martin apparently had no
33
sons. Jack Smith was a casualty of the Revolution and left two sons who went to
Georgia, but none of his male descendants, if any, have yet been found. All of these
sons are pure Pamunkey by “paper trail.”
How can “John the Bankrupt” have two sons whose descendants’ DNA differs
from “John the Bankrupt’s” DNA?
The obvious answer is that there were at least two “parental events” between the
New Kent/Hanovers and the Pamunkeys. In DNA nomenclature, a “parental
event” is a polite way to note a bastard beginning. But we did not accept such a
conclusion without careful analysis of the records. In fact, when we began this study,
we did not know that the non-Pamunkey DNA belonged to Richard of County Line
& Albemarle, for a verifiable direct male descendant of his had yet to be identified.
All we knew was that the errant DNA appeared in a couple of Pamunkey sons, as well
as in a group of unaffiliated Davenports whose descendants could not identify a
common ancestor, and in descendants of two families that did not bear the
Davenport surname, namely several Woodroofs (Woodruffs ) and at least one
Overton.
In seeking to explain the conundrum, we started with the two Pamunkey brothers
whose descendants carry the New Kent/Hanover DNA. The lines for William Jr.
and Richard were re-researched and re-verified. Their paper trails were impeccable
and unimpeachable. They were clearly Pamunkey by documentation.
Next, additional DNA testing was undertaken among the group. We did not know
where any of these Davenports, Woodroofs and the Overtons fit in.
As it turned out, our inquiries did not yield results that would restore the two
Pamunkey sons of errant DNA to status amongst the Pamunkey Davenports. Only
their “paper trails” did that. But that was only a paper biography, for William Jr.
and Richard’s descendants carry Richard of County Line & Albemarle’s DNA.
By virtue of the DNA evidence, we were forced to conclude that William and
Richard were born in wedlock, but were sired otherwise—and the DNA told us who
their sire was.
34
Among all the conditions that were required for illicit liaisons in Virginia in the
18th century—secrecy, deception, desire, and etc.—proximity and access were the
most critical. Travel was time consuming and obvious. Men given to fence jumping
generally had to stay within either walking distance or short horse rides. Work days
were long; labor was hard and exhausting, and social placement restricted the
movements of many men (ie, an indentured servant could not move about freely—his
Master would need to know his whereabouts at all times). Most marriages were
between neighboring families, and most unlawful carnal knowledge was likewise.
In order to pass his DNA, Richard of County Line & Albemarle had to
have been in the immediate neighborhood at least nine months prior to William’s
birth. From c1738 to c1752, Richard lived within a quarter of a mile or less from
John Davenport, Sr.--“John the Bankrupt”--and family, who then lived on a
plantation in Hanover County that adjoined the Hanover/Louisa County Line (the
most likely location of William Jr.’s birth). (Genealogically, this may be the first
time that DNA has been used to prove the locality of an ancestor.) “John the
Bankrupt” was a recent bridegroom during William’s estimated years of birth.
In short, Richard was a “next door neighbor” (and thus had easy access) and
lived as that “next door neighbor” during the time when both William and Richard
were conceived and born (c1740 and 1750, respectively).
“John the Bankrupt’s” wife and the mother of his five sons (purely by
circumstantial evidence,) was Mary Smith, daughter of John Smith, (of whom there
were three in the 18th Century Davenport neighborhoods on both sides of the North
Anna, any one of whom could have been her father). Richard’s persistent interest in
her over at least a twelve year period is well demonstrated by DNA identifications in
the 21st century.
That Richard and William Jr. were raised as John’s sons and as Pamunkey
Davenports is clear by their documented paper-trail. As his sons, both William
Jr. and Richard must have been aware of “John the Bankrupt’s” financial
circumstances. William, as eldest, gave his all (and tried to give “the all” of others)
to help. Richard of John the Bankrupt (but actually of Richard of County Line
& Albemarle) may have been driven to accumulate his own wealth in an effort to
insure that he would never walk “John the Bankrupt’s” road. Both sons seem to
have led lives marked by their putative father’s excesses: William, Jr. strove to
save his father and Richard seems to have done everything in his power to make
sure he did not become his father.
The irony, of course, is that neither was the biological son of “John the
Bankrupt.”
35
after 1773, the year the Court put a halt to William, Jr.’s pledges of Pulliam
assets to assist his father. The couple moved to Charlotte County in 1779 where
they joined his brothers Jack Smith and Richard. The three brothers had
adjoining plantations. Jack Smith was mortally wounded at the Battle of Guilford
Court House in 1781. William died in 1802; Richard died in 1832.
In 1779, John, Jr., son of “John the Bankrupt” whom we have not yet mentioned,
moved back to Spotsylvania from Louisa (a few miles north across the North
Anna) where he soon married a heiress, opened a tavern near the Court House,
and over the years became notorious for not renewing his liquor license every year
until he had been indicted by a Grand Jury for not having one. Each year, when he
finally bought the license, the indictment was quashed. Considering the number of
legal documents John witnessed over the three decades he spent dispensing cheer,
his tavern was a popular meeting place for attorneys and their clients. John, Jr.
passed the Pamunkey DNA to his only son John, shifted from tavern keeping to
grist mill ownership, and died in Spotsylvania in 1820.
6Dec1740 – MILITARY SERVICE: A list of 400 Officers and Men, being a detachment of
Colonel Gooch’s Regiment, to be victualed by His Majesty’s Ship Stratford by Order of
Vice Admiral Vernon, included Joseph Davenport, a Private. [Clark, Murtie June
(Comp.), Colonial Soldiers of the South (Baltimore: GPC, 1986), 214]
Gooch’s Regiment was partially raised in Virginia for service with the British
Army in the Caribbean and Venezuela in what was called “The War of Jenkin’s
Ear.” This was a conflict between Great Britain and Spain that lasted from 1739 to
1748, with major operations largely ended by 1742. Its unusual name, coined by
Thomas Carlyle in 1758, relates to Robert Jenkins, captain of a British merchant
ship, who exhibited his severed ear in Parliament following the boarding of his
vessel by Spanish coast guards in 1731. This affair, and a number of similar
incidents, sparked a war against the Spanish Empire, ostensibly to encourage the
Spanish not to renege on the lucrative contract that gave Great Britain permission
to sell slaves in Spanish America.
Few records related to Joseph Davenport Customer, who was most likely the
brother of Richard of County Line & Albemarle (see below), survive. This
record happened to be one of Naval bookkeeping. Various ships of the British Navy
were required to supply as well as transport the Regiment.
36
30Jan1741/42--PATENT: John Lewis, 400 acres in Goochland County on the branches
of Totier Creek, adjoining William Harris's corner pointers in Major Bolling's line, his
own lines. (Julia Croswell, Original Albemarle County Patents by Location. p. 2)
`
30Jan1741/42--PATENT: John Lewis, 400 acres in Goochland County on both sides of
Totier Creek. (Julia Croswell, Original Albemarle County Patents by Location. p. 2)
Totier Creek and Reservoir today provide the water recreation for southeast
Albemarle County, and are the water source for the Scottsville area. All three of
these patents reflect the arrival of John Lewis in what was then Goochland County
. Albemarle County would not be erected until 1744. John Lewis’ daughter Jane
would go on to marry Richard Davenport, Jr., son of Richard of County Line &
Albemarle. We include records of John Lewis appear in this study because of this
marriage.
25Mar1743 – DEBTS OWING ON PURCHASES FROM SHIP’S CARGO: Francis Jerdone, agent
and factor for the firm of Buchanan & Hamilton, merchants in London, maintained a
store near Hanover Court House. His accounting for debtors owing for cargo belonging
to Neil Buch-anan, Esqr., in London, carried over from 1Oct1742, included:
Joseph Davenport
37
England. If he did not pay Joseph Davenport’s debt for family reasons, he paid
because his English principals required him to make good on certain bad debts.
John Lewis’s land had become a survey benchmark for others gaining land
patents in the part of Goochland County that would be come Albemarle County.
This further confirms his presence in Goochland County, a portion of which would
become Albemarle. County. We include records relating to John Lewis because his
daughter will marry a son of Richard of County Line and Albemarle’s.
The last mention of a Patrick Kennedy yet found in 18th century Virginia
records is that of Patrick Kennedy, Commissary for George Rogers Clark’s Illinois
Regiment, who was headquartered on the Mississippi in the early 178os. We doubt
that he survived, for no Bounty Land Warrant has been found for him, and there
38
is no record for him in the Revolutionary accounts in the National Archives.
However, Clark’s Regiment was a State unit, not authorized by Congress, and if
Patrick Kennedy was Commissary, (i.e., Quartermaster General) for Clark, there
are records, presuming such survived the Burning of Richmond in 1865, of his
transactions on behalf of the Illinois Regiment.
Patrick Kennedy, Charles Kennedy, and Davenport Kennedy were related. The
relationships that are most likely are as follows: Charles and Patrick were
brothers. Charles married Crotia Davenport, sister of Joseph the Customer, whose
bastard son (with an unknown Kennedy woman) was Davenport Kennedy. The
hypotheses guiding this study are influenced by the fact that Richard of County
Line & Albemarle appeared in surviving Virginia records concurrent with the
Kennedys. The fact that Davenport Kennedy lived on the Richard of County Line &
Albemarle tract for twenty-five years, followed by his Widow’s and orphans’
occupancy for four years, strongly suggests a close relationship. When Garrett
Kennedy, eldest son of Crotia Davenport Connor Kennedy, is first found in public
records, he was in Albemarle County where Richard lived, not in Hanover or
Louisa where his father had plantations. When Joseph Kennedy, eldest son of
Davenport Kennedy, (and we recall that Joseph Davenport was Davenport
Kennedy’s father), first went to Albemarle County, he went to St. Ann’s Parish
where Richard lived. When Joseph needed a security to pledge slaves in return for
Louisa land, John, son of Richard of County Line & Albemarle, was the first co-
signer. Then too, when Richard and Charles Kennedy first appeared in extant
public records, it was together, with Charles serving as a witness for Richard
against a claim for damages.
39
Elizabeth was the widow of John Lewis’s father, arriving in Albemarle County
from elsewhere.
This may have been a family fight. The fact that Venable sued Davenport in
Louisa is proof positive that Richard of County Line & Albemarle was a resident of
Louisa County, otherwise the Court would not have entertained the cause.
The Venables trace back in early New Kent County and can be found in both
the St. Peter’s and St. Paul’s parish records.
Joseph Venable lived in Spotsylvania County. His descendants identify his first
wife as a Lucy Davenport. Subsequent records (see below) document a Joseph
Venable, wife Lucy, presence near the Arnold’s Run community in Spotsylvania
after 1750.
31Mar1744 – BOUGHT & PAID FOR: Patrick Kennedy bought various materials,
buttons, and a history book at Jerdone’s Store in Hanover Town, totaling £1/3/10,
40
which was paid for on 10Apr1744 by Samuel Matthews. (Francis Jerdone’s
Accounts, MVG, V35, 1:37)
This was Richard of County Line & Albemarle living on Little Rocky Creek on
a plantation that straddled the Hanover-Louisa Line. The fact that the Louisa
Court entertained McClaron’s suit against Davenport is again prima facie
evidence that Davenport was at that time a resident of Louisa County, i.e., was
living on the Louisa side of the County Line. Otherwise the Court would have had
no jurisdiction. Only during May-to-July 1744 did the Louisa Court exercise
jurisdiction over Richard, suggesting that he was in the process of building or
establishing his manor house. He was apparently living in Louisa until the house
was completed. Once he occupied his plantation house on the Hanover side of the
Line, the Louisa Court no longer had jurisdiction over him
9Jul1744 – NO DAMAGES: The matter of Daniel McClaron vs. Richard Davenport for
£20 damages for said Davenport’s having trashed McClaron’s house being tried by
41
jury, Thomas Paulett, foreman. Verdict for Davenport. McClaron ordered to pay
Davenport’s costs of defense. (Louisa County, VA, Court Orders, 1:113)
While we lack complete details, it would appear that while visiting McClaron’s
house, Richard of County Line & Albemarle became drunk and damaged some of
McClaron’s property. A party or a gathering of some sort was involved, for
Davenport brought three witnesses to appear on his behalf, all from Louisa
County. McClaron also brought three witnesses, one from Hanover and two from
Spotsylvania.
Witness William Davenport was William (Sr.), son of Martin, a near neighbor
to Richard. Charles Kennedy was both Richard’s near neighbor and, we believe,
his brother-in-law. The fact that none of Richard’s witnesses were awarded
mileage is proof that they were all Louisa residents and were not entitled to such
reimbursement. McClaron’s witnesses, not being county residents, were able to
collect reimbursement for their travel expenses. Mileage paid was for round trip,
meaning that McClaron’s witnesses were located 12½ miles from where Louisa
Court was then held. Louisa Court House had not yet been built, for it would be at
least 20 miles one way from where the Venables were located in Spotsylvania.
4Nov1744 – LIST OF DEBTORS FOR ESTATE: Among those indebted to the Estate of Neil
Buchanan, Esqr., Decd., due on the Cargo belonging to the Decedent’s executors were:
42
29Dec1739-25Dec1742, for service in the Caribbean and Venezuela. The campaign
was grossly mismanaged by the British and most of the casualties fell to illness,
not to combat.
11-12Jul1746 - LEASE & RELEASE: Mary Carr, widow; John Carr; John Waller, wife
Agnes; John Minor, wife Sarah, said Carrs, Minors, and Wallers being Executors of
Thomas Carr, Gentleman [late of Caroline County], Decd., to John Pettus of the
Parish of St. Martin, Hanover County, for 5 shillings (Lease), £135/15 (Release), 970
acres in Louisa [and Hanover] County on Rocky Creek. Beginning on the North Anna
River a little below the mouth of Little Rocky Creek and a former corner of Martin
Davenport's--now Garret's corner-- thence South West to Little Rocky Creek,
thence along the Creek to the South Fork, thence along that Fork to a corner of Richard
Wright’s, thence North West to a corner of Wright and Henry Gambill, thence North
West to another corner of Gambill in Thomas Wash’s line, thence North West to
Wash’s corner, thence North West to Thomas Lipscomb’s corner in Wash’s line, thence
North East to Thomas Lipscomb in Thomas Graves’ line, thence South East to
Graves corner in the head of a glade, thence North East to Graves on falling ground,
thence North East to Graves’ corner on the [North Anna] River bank, thence down
the River to the beginning... /s/ Mary Carr, John Carr, John Waller, Agnes Waller,
John Minor, Sarah Minor. Wit: James Winston, Thomas Bond, Richard Eggleston,
Frs “F” Arnold. (Louisa Co., VA, Deeds A:243, 245)
The lease portion of this conveyance reveals that Thomas Carr in his lifetime
agreed to sell the above land to Pettus (the same Pettus whose granddaughter
Susannah would marry John, son of Richard of County Line & Albemarle) but Carr
had reneged. Pettus took Carr to Court. By the time that Pettus had obtained a
judgment, Carr was dead. Hence the deed above was from Carr's executors and
certain heirs under Court Order. Thomas Carr, Esqr., Gentleman, Decd., late
magistrate of Caroline County for the district cornering with Spotsylvania and
Hanover counties, was probated in Caroline in late 1738. It had taken Pettus
almost seven years to obtain satisfaction.
43
Here we find a Venable along the Hardware River in Albemarle County.
Richard of County Line & Albemarle County would eventually purchase land along
the Hardware River. By this time, Albemarle County had been erected (1744), but
the survey for the patent had been made earlier while the land was still part of
Goochland County.
This was Richard of County Line & Albemarle. He did not have to be a resident
of the County to sue, but he may still have been living on the Louisa side of the Line.
28Sep1746 – JUDGMENT: The petition of Richard Davenport vs. William Brown for
£2/14/11 being heard, and the Defendant not appearing, judgment for Davenport for
amount claimed and costs. (Louisa County, VA, Court Orders, 1:208)
7Oct1746 – UPROAR CONTAINED: The matter of Mary Ann Venable vs. Charles
Kennedy regarding a Breach of the Peace is dismissed, the same being agreed.
(Spotsylvania County, VA, Court Orders, 4:394)
Until we resolve the relationship, if any, between the Venables and the
Davenports, New Kent/Hanover or Pamunkey, we will include Venable record
findings in our analysis.
44
25Jun1747—PATENT: Rev. William Stith, Clerk ,2470 acres in Albemarle County on the
north side of the the Fluvanna, on both sides Ballengers and Totier Creek, commonly
known by the name of Rock Field (1650 acres formerly granted to William Stith by
patent of 10 Jun 1740; 420 acres formerly granted to William Stith by patent of
12Feb1742/3; and 400 acres never before granted), adjoining John Lewis's corner
pine, Lewis's corner white oak, North Fork of Ballengers Creek, Totier Creek, Thomas
Stones corner pine, Mr. Stiths line. (Julia Croswell, Original Albemarle County
Patents by Location. p. 2)
Althought the DNA proof is sufficient to establish his identity, this record
extraction provides “paper trail” evidence that Richard Davenport of County Line
& Albemarle was not a Pamunkey Davenport. That Robert Simms, a neighbor of
Richard in Louisa, would expect to get favorable testimony from a close relative of
the defendant would appear to have been a fantasy. Unlike the Pamunkey
Davenports, Richard Davenport had no allegiance to Thomas Graves. In fact,
Richard of County Line & Albemarle’s only connection to the Graves came with the
late 1780s marriage of his son John to Susannah Pettus, herself a granddaughter
of Thomas and Ann Davenport Graves.
John was living on his father’s County Line tract at the time of his marriage
but later moved to South Carolina in the company of his wife’s Pamunkey
Davenport relatives (the Pettuses and Arnolds). In Abbeville, South Carolina, John
would have a son whom he named Richard, in honor of his father, and that Richard
would marry Margaret Forbes and have a son whom he named John Forbes
Davenport. The DNA of a descendant of John Forbes Davenport’s established the
New Kent/Hanover identification of Richard of County Line & Albemarle.
45
Martin’s Parish, Louisa County, on Great Rocky Creek, adjoining David Richardson,
Thomas Baker, Thomas Wash... /s/ Samuel Matthews. Wit: Richard Pickering,
William Phillips, Richard Phillips. (Louisa County, VA, Deeds A:327)
William Davenport Sr., who had served as Richard of County Line &
Albemarle’s witness and had owned land on the Spotsylvania side of Davenport
Ford, had been living with his wife and family in Louisa for the past thirteen years.
Here he finally took title to land in Louisa County. The Samuel Matthews whose
land is mentioned here was the same Samuel Matthews of Pawpaw Creek,
Spotsylvania County, where Charles Kennedy subsequently owned land and where
Patrick Kennedy had at least a twenty year presence.
7Oct1748 - DEED: Thomas Baker, wife Dorothy, of St. Mark’s Parish, Orange County, to
William Davenport of St. Martin’s Parish, Louisa County, for £34 Virginia, 200
acres in St. Martin’s Parish, Louisa County, adjoining Thomas Wash, John Kimbrow,
Samuel Parrish, Robert Hester, John England ... /s/ Thos. Baker, Dorothy “/”
Baker. Wit: Robert Hester, Saml. Macgehee, Henry Gambill. (Louisa County, VA,
Deeds, A:343)
Ten days after obtaining 25 acres from Matthews, Davenport bought the
adjoining plantation of his brother-in-law Thomas Baker. Witness Henry Gambill
was married to Mary Davenport, oldest sister of William Davenport Sr. and
Dorothy Baker. Gambill would join Baker in Culpeper in 1752 and sell his land to
Charles Kennedy. We note this record because Gambill’s tract adjoined Richard
Davenport’s County Line land.
5Jan1748/49 – DEED: Mark Wheeler, wife Sarah, to Joseph Carter, all of Spotsylvania
County, for £28 currency, 100 acres in Spotsylvania County on the North Fork of South
River, being the same tract conveyed to said Wheeler by Henry Goodloe, Gentleman,
now deceased, on 3Jun1735... /s/ Mark Wheeler, Sarah Wheeler. Wit: Robert Durrett,
James Younger, James “X” Ham, Patrick Kennedy. (Spotsylvania County, VA,
Deeds, D:?, from Crozier’s Abstracts, 182).
Patrick Kennedy was now in Spotsylvania County. South River was the South
Fork of the Mattaponi River in the extreme southeast corner of Spotsylvania. It
was on the North Fork of the South Fork near where Charles Kennedy bought 100
acres in 1754. Grantor Wheeler would relocate across the North Anna into
Hanover near the County Line. The Wheelers would be neighbors to Richard’s
County Line tract residents for the next 35 years.
46
to court. At this time, Spotsylvania Court was held at Fredericksburg on the
Rappahannock River in the extreme northeast corner of the County. Richard’s
plantation astride the Hanover-Louisa County Line was within a mile of
Davenport Ford which is located 32 miles south of Fredericksburg. Spotsylvania
Court House, more advantageously located in the center of the County, was not
established until 1780.
This identification has been made circumstantially. We believe that Anee was
Charles and Crotia Kennedys’ eldest daughter, the same Anee Kennedy who
married William Wash, son of Thomas Wash, on 16 Jan 1770 and had twin
daughters on 14 Aug 1780. Wash family records note that the twin girls were
named after their two grandmothers: “Crosha” Davenport and Polly Lipscomb.
There is a question as to whether Crosha Davenport was Anee’s mother or
stepmother. William Wash was one of the executors of the Estate of Charles
Kennedy, Decd, 1784 forward.
We include this record because the New Kent/Hanover DNA has also appeared
in an Overton family line. James Overton was located just west of Richard of
County Line & Albemarle in Louisa County during Richard’s presence on the
County Line tract, c1738-c1752. The distance between Richard and the Overtons, i.e.,
two miles, was a bit distant for fence jumping, but if it didn’t happen in Louisa County,
it happened in Charlotte County. Overton moved from Louisa to Charlotte County
in the late 1770s, concurrent with William Davenport, Jr.’s move from
Spotsylvania, and lived next door neighbor to William Jr. in Charlotte until his
death in 1784. As we’ve already discussed, William Jr., and Richard Davenport,
47
sons of John the Bankrupt, both carried the New Kent/Hanover DNA. The
opportunity to transfer the New Kent/Hanover DNA from the two Pamunkey
Davenports or their sons to the Overtons in Charlotte existed for more than forty
years. 21st Century DNA testing certainly proves there was a parental event.
20Nov1749 - DEED: John Carr; John Waller, Jr., and wife Agnes; and John Minor,
wife Sarah, surviving executors of Thomas Carr, late of Caroline County, Decd., to
William Waller, of Spotsylvania County, for £39/16, 398 acres in Louisa County on
Great and Little Rocky Creek, adjoining Robert Sims, Richard Wright, Henry
Gambill, Thomas Wash, crossing the Road, David Smith, Richard Davenport,
John Kimbrow, lower side of Little Rocky Creek ... /s/ John Carr, Jno Waller, Jr.,
Agnes Waller, John Minor, Sarah Minor. Wit: Thos Lipscomb, James Overton,
John Hill. (Louisa County, VA, Deeds, A:364)
This is the first record documenting Richard Davenport of County Line &
Albemarle as a landowner. Whether Davenport was still living on the land at this
time is unknown, but other evidence suggests that he did not move to Albemarle
until the early-to-mid 1750s.
In this record, we find a law-circumventing deed. John Waller, Jr., one of the
executors, wanted the land, but was prevented from buying it by Conflict of
Interest. Accordingly, John Waller and his co-executors sold the land to John’s
brother William, who waited a week and then conveyed it to John for the same
price he had paid the Thomas Carr Estate (see below).
28Nov1749 – DEED: William Waller to John Waller, Jr., both Gentlemen of Spotsylvania
County, for £39/16, 398 acres in Louisa County on Great and Little Rocky Creek,
adjoining Robert Simms, Richard Wright, Henry Gambill, Thomas Wash, crossing
the Road, David Smith, Richard Davenport, John Kimbrow, and lower side of Little
Rocky Creek. /s/ William Waller. Wit: None. Acknowledged by William Waller in
Court the same day. (Louisa County, VA, Deeds, A:365)
This was William Waller’s conveyance to his brother John Waller, Jr., who
later sold the land to adjoining neighbor David Smith (see below). Richard
Davenport’s land is included asa benchmark for the boundaries of the land.
48
By other documentary proofs, Richard was the brother of William, Jr., and
Jack Smith Davenport, both of whom were also settled in Charlotte County by 1779.
All three were sons of John Davenport, Sr., (aka “John the Bankrupt”) of
Spotsylvania/Louisa. “John the Bankrupt” was a son of Martin Davenport, Sr.,
eldest son of Davis Davenport, patriarch of the Pamunkey Davenports. Richard
and William, Jr. were the two sons whose descendants carry the New
Kent/Hanover DNA. (In plain English, Richard of County Line, soon to be of
Albemarle, was the father of Richard, erstwhile son of John the later Bankrupt.)
Spotsylvania records are clear that “John the Bankrupt” was a freeholder in
Spotsylvania County from 1752 until 1767 when he lost his land and ordinary
(tavern) by mortgage to a Scottish merchant firm. Throughout the 1760s,
Davenport was pursued relentlessly by creditors in Spotsylvania Court, and by 1769
he had fled to Louisa County where the Spotsylvania Sheriff had no jurisdiction—
and John had no assets remaining. In Louisa, he was associated with sons Martin
and John, Jr., in tax records and had more Court appearances—all debt related.
Then by 1779 he disappeared from extant records.
No failure like his father, Richard prospered in Charlotte County, was a Captain
of Militia, and a long time Justice of the Court. In his old age, he married an heiress,
moved to her plantation in the south of the County, and died there in 1832, having,
despite his wealth, applied for a pension for his Revolutionary War service shortly
before his death. His sons, save one, went to Kentucky, carrying the New
Kent/Hanover DNA.
2Oct1750 - LAST WILL & TESTAMENT: Robert Hamner, of St. Anne’s Parish, Albemarle
County, made this date; probated 12Feb1750/51. Named wife Elizabeth to have entire
estate until son Nicholas came of age 18, then equal division between the two. If wife
should marry then son to have entire estate. Son to have land on the South Side of
Hardware River on the fork of Hardware. Five horses to be sold to pay outstanding
debts. Executors: Wife Elizabeth, brother William Hamner. /s/ Robert Hamner.
Wit: Thomas “X” Benge, Castleton Harper. (Albemarle County, VA, Wills & Deeds,
1:16-17)
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Robert Hamner was the son of Nicholas Hamner and had come to Albemarle
County from New Kent County with his father and his two brothers ([1] William,
sole executor to Robert’s will after Elizabeth renounced her rights, see below, and
[2] Henry). Robert’s land patent, granted in 1744, the year Albemarle became a
county, consisted of 300 acres on the Hardware River.
Whether Richard of County Line & Albemarle had moved from Hanover-
Louisa to the Hardware River in Albemarle by this time is yet unclear, but he did
marry the Widow Elizabeth Hamner sometime in the 1750s. We can date Richard’s
marriage to Elizabeth, Widow Hamner as no earlier than February 1752, for
convention would have required her to wait for one year after her husband’s death
to remarry.
Given that the share of Robert Hamner's estate that passed to his son Nicholas
at age 18 was unimproved (see below) at the time of the inheritance, it’s possible
that Elizabeth retained the portion of the land along the Hardware River that had
a house and/or other improvements.
Elizabeth lived until 1819-1820, seventy years after her first husband’s death,
twenty-eight years after Richard’s death. Hence, she was a young woman when
first widowed. She was either Richard’s second or third wife and the mother of his
second or third family. (Richard of County Line & Albemarle also had an
unrecognized family in his relationship woth an African-American slave woman
who bore him a son named marin—a second son named martin, as it turned out.
The two Martin sons caused some of the confusion regarding Richard of County
Line’s original identification as a Pamunkey Davenport. Surely he must have
named sons to honor Martin Davenport, son of Davis—or so the thinking went. But
these sons named Martin may well have been named for Elizabeth Widow
Hamner’s mother, whom we surmise was Martha Martin, wife of Thomas Benge
[see below].
Richard of County Line’s stepson Nicholas Hamner, named here as under age,
was an executor of Richard’s will in 1792, but died himself a little more than a year
later. At the time of his father’s death, Nicholas went to live with his uncle William
Hamner, who had also become his guardian. At age 18, Nicholas became heir to
his father’s property along the Hardware River, which remained in original forest,
with no improvements. According to Hamner researchers, in 1767, Nicholas
married Agnes Tompkins (of Giles Tompkins) and established a school and called
it "Glendower" after Owen Glendower, last independent Prince of Wales, who
married a Margaret Hamner. Nicholas Hamner served in the Revolution and on
April 14. 1781 was commissioned a captain in the Militia. In 1772, he conveyed 270
acres at the mouth of Eppes Creek in Albemarle to his uncle William Hamner.
William Hamner’s son Turner Hamner then lived on the land and raised his family
there and eventually sold the property (October 5, 1795) to Jeremiah Cleveland in
advance of Turner’s 1797/98 [?] departure for Georgia. Nicholas is buried at the
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Hamner Family Burying ground of the home he built near Little Carter's Bridge,
Albemarle County, VA.
Benge researchers claim that the family was English or French or sometimes
Scots-Irish; they all agree that Benges intermarried with Indians in Virginia and
the family boasts a rich and varied American Indian history, including ejection
from Eastern lands and traveling on the Trail of Tears as a Cherokee family, even
though a John Benge served as a conductor.
Benge family searchers identify the wife of Thomas Benge as Martha Martin.
Many Martin researchers claim that she was the daughter of Joseph Martin, b.
1680 and married to Sussannah Chiles. This is an incorrect identification. Martha
Martin Benge is not named in Joseph Martin’s 1760 will, although other daughters
are. It’s conceivable that Martha Martin Benge was not alive at the time of her
father’s will and the fact that she isn’t mentioned is not enough to disqualify her
entirely from consideration as one of his children. But a review of the records
strongly suggests that the Martha Martin who married Thomas Benge had no
relationship to any of the well-known Martin families living at the time of her birth
(approximately 1710) in Goochland, Henrico, Caroline and Beford counties. Those
Martin familes were of a different social standing than Richard of County Line &
Albemarle and of Thomas Benge. They married aristocratic Lewises and members
of other prominent families, eventually served as high-ranking officers in the
Revolution, and owned vast tracts of land with acreage numbering into the
thousands. This difference in social standing makes clear that she could not have
been the daughter of Joseph Martin and dead before his will was written. In
colonial Virginia, commoners and artistocrats did not marry.
Other Benge researchers claim that Martha Martin, wife of Thomas Benge,
was Cherokee. One diligent researcher says that Martha Martin was part of the
Paint Clan of the Cherokee (following matrilineal descent). It is certainly the case
that there are Cherokee families with the last name of Martin. And it’s also true
that the Benge family is a well-known Cherokee family--in the next two
generations, Benge men frequently marry Cherokee women. John “Trader”
Benge—son of Thomas and Martha—marries Wurteh and serves as step-father to
Sequoyah, the great Cherokee leader and originator of the Cherokee syllabary (see
below); this relationship has caused Benge family researchers to identify the
Martha Martin who married Thomas Benge as grandmother to Seqouyah. She
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has also been identified as grandmother to “Chief” or “Captain” Robert Benge (son
of John Benge, trader, allegedly son of Thomas Benge b. 1710), who was, according
to late contemporary accounts, considered the most “notorious” Cherokee chief or
warrior in history. Hyperbole aside, Cherokee Robert Benge was known for
successful raids on settlers, including a raid in 1794 on white families living at the
North Fork station in what is now Kentucky (The Jacksonian, Abingdon, Va.
1846).
Thomas Benge and Martha Martin allegedly marry in 1729. Benge researchers
have identified four sons of Thomas Benge b. 1710 and Martha Martin (James,
Samuel, John “Trader”, and Thomas Jr.) as well as possibly one daughter,
Hannah. The birth dates provided by Benge researchers for the Benge children are
somewhat diverse and range over the years 1730 to 1738; there is ample room
among these dates for Elizabeth to have been born and to have reached the age of
15-18 at the time of the writing of Robert Hamner’s will.
A note recorded with the will at the February 1751 Albemarle Court states: 'The
widow refused to take on herself the burden of an executor and renounced all
benefits and advantages she might claim with this will. The brother, William
Hamner's
securities, Castleton Harper and Thomas Fitzpatrick, acknowledged William's
faithful performance of the will.'" Castleton Harper and Thomas Fizpatrick
accepted William Hamner’s bond.
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Castleton had an ongoing records association with Hamners and Wingfields,
but appears in the records just four times with the New Kent/Hanover
Davenports: twice with Elizabeth in matters related to Robert Hamner, once with
Richard in a matter related to Thomas Sowell, and once with Joseph Davenport
with a Wingfield. Either his name, or the name of his son, Castleton Jr., turns up
on a record containing the name of Alexander Moss, who was named in a lawsuit
over unmet promises with Richard Jr. in Wilkes County Georgia in the late 1780s.
One would like to think that Elizabeth relinquished her rights to her husband’s
estate because she knew she wanted to re-marry and perhaps even knew she
wanted to marry Richard of County Line & Albemarle. But given their
overwhelming presence on the estate documents, it could also be that she was
pressured by the male elders of the Hamner family to relinquish her claim to
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Robert’s estate, thereby letting the bulk of it pass safely to Robert’s son Nicholas
when Nicholas came of age.
If Elizabeth was, indeed, Thomas Benge’s daughter, it may be the case that race
played a part in the probate of Robert Hamner’s estate. Despite the fact that
intermarriage among frontier whites and Imdians was common in Virginia and
other parts of the frontier at this time, it could be that the Hamners did not care to
have their land pass to an Indian woman, or a woman who may have been known
as a “half-breed.”
No land patents for Thomas Benge exist in Albemarle County but in 1788, the
“lands of Cotton Benge” are listed as a surveyor’s benchmark on a deed in which
Castleton Harper sold 70 acres (at a pound an acre on the North Fork of Hardware
River to John Wingfield. This places a Benge—thirty-eight years after the death of
Thomas—in the neighborhood of Harpers, Wingfields—and Richard of County
Line & Albemarle. (Albemarle Co., Deed Book 9, p. 410) Some researchers claim
that Cotton Benge was the son of Thomas Benge, and brother to Thomas Benge Jr.;
others claim that he was the son of Samuel Benge—and this seems more likely, as
Samuel owned land along the North Fork of the Hardware River.
No will for Thomas Benge b. 1710 exists. His son’s will—Thomas Benge Jr.—
probated in Wilkes County, North Carolina in 1811, lists a daughter named
Elizabeth, whom he likely named for his sister Elizabeth—the Widow Hamner.
Most of the Benges of this branch removed to Wilkes County, North Carolina and
later to Kentucky.
6Mar1750/51 - DEED: John Waller the Younger, planter, wife Agnes, of Spotsylvania
County, to David Smith, planter, of Louisa County, for £86 Virginia, 398 acres in
Louisa County on waters of Little Rocky Creek, adjoining Robert Sims, Richard
Wright, Henry Gambill, Thomas Wash, William Wash, David Smith, Richard
Davenport, and John Kimbrow–part of a 3,770-acre patent to Thomas Carr,
Gentleman, Decd., on 22Feb1727. /s/ John Waller, Jr., Agnes Waller. Wit: John
Pettus, James Overton, William Davis. (Louisa County, VA, Deeds, A:417)
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Richard of County Line & Albemarle’s land appeared in this record as
benchmark for the deed. And we find that William Waller reaped the benefit: he
sold the land for more than twice what the Carr Estate had received from his
brother John. Waller’s wife Agnes was one of the heirs to the Estate. Note James
Overton’s participation in this deed also.
Having been a land owner in Louisa County for little more than two years,
William Sr. and Ann sold out and moved across the North Anna River to their land
in Spotsylvania County.
Charles Kennedy, being “of Hanover County,” had his manor tract in Hanover
when this Louisa deed was made. His acquisition here either adjoined or was near
to the tract owned by Richard of County Line & Albemarle, the same land that
straddled the Hanover/Louisa county line.
The three witnesses to this deed were all sons of Martin, Sr., a Pamunkey
Davenport. John Davenport would become “John the Bankrupt,” and by this date
was raising two sons who carried Richard of County Line & Albemarle’s New
Kent/Hanover DNA (William b. 1740 and Richard b. 1750). All parties to the deed
were living in the same neighborhood, that is, on both sides of the Hanover-Louisa
line or on both sides of Davenport Ford on the North Ann). The Gambills were
moving northwest to newly erected Culpeper County, where Thomas Baker,
married to Dorothy Davenport (another proved daughter of Martin) and Thomas
Davenport, eldest son of Martin, had moved earlier.
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At this time, the Davenport Ford plantation (which was the remaining 150
acres of Martin Davenport’s 400-acres patent of 1726) was occupied by Dorothy,
Martin’s widow; her son John Davenport (aka “John the Bankrupt”) and family of
at least four sons (at least two of whom carried the New Kent/Hanover DNA); her
son David Davenport, a carpenter and his family (David’s family had no record
association with Richard of County Line & Albemarle or his family, except for joint
carpentry ventures and shared litigations with Davenport Kennedy); and Martin
and Dorothy’s son Martin Davenport, a carpenter who never married.
2Jun1752 - DEED: Henry Pendleton, of Spotsylvania County, and James Dyer, wife
Eleanor, of Caroline County, to John Davenport, of Hanover County, for £30, 70
acres in Spotsylvania County, beginning at the Fork in the Road where the Pamunkey
Rolling Road turns out of the Main County Road, thence up that road to Mr. Zachary
Lewis, Daniel Pruett, John Shurley, Nicholas Horn (now Robert Hall), then south to
said Rolling Road and up that road to the beginning–part of a 300-acre patent to
George Woodroof, who conveyed to said Pendleton ... /s/ Henry Pendleton, James
Dyer, Elenor “X” Dyer. Wit: None. Acknowledged by all grantors in Court the same
day. (Spotsylvania County, VA, Deeds E:43)
Although this record indicates that “John the Bankrupt” bought the Old George
Woodroof Ordinary tract, he did not leave Hanover County at the time of the
purchase. Instead, he apparently commuted to his ordinary for three years. His
commute took him the two or so miles from the Davenport Ford plantation in
Hanover County north across the Davenport Ford into Spotsylvania County,
where he passed his his brother William’s plantation on Arnolds Run on his way
to the land where George Woodroof’s Ordinary had been located for a least sixteen
years. Woodroof himself had ceased operating the tavern after a few years and
had been followed by a son and then several leasees. Woodroof finally sold it to
Pendleton, a land speculator.
The crossing where the Pamunkey Rolling Road and the Main County Road
met was an excellent location for a tavern. The site later became New Market, and
then (and now) Partlow. It would have been from here that William, Jr., son of
John, shared the New Kent/Hanover DNA with the Woodroofs (if, in fact, he did).
Kennedy researchers will want to notice the John Shirley reference. Shirleys,
by various spellings, are mentioned in most of the deeds concerning land adjoining
Charles Kennedy’s tract in Spotsylvania whereon Patrick Kennedy lived.
20Jun1752 - DEED: Robert Sims, millwright, of Brunswick County, and William Sims,
planter, of Louisa County, to Richard Wright, planter, of Louisa County, for £18
Virginia, 53 acres in Louisa County on the Grassy Fork and South Fork of Little Rocky
Creek, adjoining William Wash and Richard Davenport–part of a great tract
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patented to Thomas Carr, Gentleman, who conveyed to Robert Sims, Decd., as
recorded in Hanover County, and by the Last Will & Testament said Robert, Decd., did
devise to his son Robert ... /s/ Robert Sims, William “+” Sims. Wit: William Pettus,
John “H” Hall, Goodwin Trice, John Wright. (Louisa County, VA, Deeds, A:474)
Grantors Robert and William Sims were sons of the Robert Sims who had
called Richard of County Line & Albemarle as a witness against Thomas Graves
earlier. For forty-four years hereafter, Richard of County Line & Albemarle would
be cited as an adjoining land owner in more than twenty Louisa deeds, but, as we
have said before, not once in those years would he be listed on a Louisa Land Tax
list.
In 1770 and 1771 (and again in 1781 and 1782), during the years he occupied
Richard’s county line estate, Davenport Kennedy would be charged with the land
on Louisa Tax Lists. In fact, the Davenport Kennedy Estate appeared on Louisa
Land Tax Lists for twenty-five years thereafter as phantom acreage. Suffice it to
say that land tax lists in Virginia were notoriously out of date until 1809 when the
entire system of taxation was revised.
23Feb1753 – DEED: William Cook, wife Drusilla, of St. Thomas Parish, Orange County,
to Thomas Montague, for £[?], 100 acres in Orange County in the Fork of Pamunkey
River, adjoining John Colston and Reuben Harris—being land given to the said William
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by his father… /s/ William Cook, Drusilla “X” Cook. Wit: Davenport Kennedy,
Martin Vaughan, Lewis “X” Pines. (Orange County, VA, Deeds, 12:148-150)
This land was in the fork of the North Anna on the east slope of the Blue Ridge.
Various deeds made in the Pamunkey watershed in the 18th Century considered the
North Anna to be a continuation of the Pamunkey--which actually ended at the
first fork of the River just above Hanover Court House into the North Anna and the
South Anna rivers.
6Sep1753 - JUDGMENT: The petition of John & Roger Quarles against Patrick Kennedy
for £2/5/2 due on an account being heard, judgment for the Plaintiff for amount
claimed plus costs and lawyer fees. (Spotsylvania County, VA, Court Orders, 5:364)
19Aug1754 - RECONSTRUCTED DEED: James Davis to James Davenport, for [?], 312
acres in Albemarle County on the south side of Rivanna on branches of Bisket Run, by
the east side of the Ragged Mountains, adjoining Joseph Anthony ... (Albemarle
County, VA, Deeds, 5:220)
This conveyance was never recorded in Albemarle County, but was cited by
James Davenport, son of Martin, Sr., when he sold the land on 15Sep1770. James
lived in Albemarle from this date or before until his brother David mortgaged
Davenport Ford Plantation in Hanover in 1767, jeopardizing James’ share of the
Old Martin Davenport homestead.
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he returned to the Davenport Ford plantation, James was involved with both
Pamunkeys and New Kent/Hanovers in the Estate of Davenport Kennedy, Decd.,
and with the orphans of Davenport Kennedy in Louisa County.
We include this record and this summary to once again emphasize the extent
to which New Kent/Hanover Davenports were entangled with Pamunkey
Davenports. Interestingly, much of that entanglement came to focus on the
Davenport Kennedy Estate and his eight orphans. We believe this interest refects
the family relationships at play, i.e., Richard was Crotia’s brother and DK’s uncle,
and William Sr. was the eight orphans’ grandfather.
In 2009 the Commonwealth of Virginia bought 1200 acres of Biscuit Run for
development into a state park.
14Sep1754 – LEASE: Hancock Lee, Gentleman, to Richard Cole, both of King George
County, for 530 pounds of Tobacco per year delivered at Falmouth Warehouse during
the lives of Richard Cole, Ann Cole, his wife, and John Cole, his son, 150 acres in
Stafford County on the north side of Rappahannock River above the Falls, on the north
side of Horse Pen Run at John Herndon’s corner.. /s/ Hancock Lee. Wit: John
Campbell, Joseph Willoughby, Davenport Kennedy. (King George, VA, Deeds,
4:138-140)
16Nov1754 - DEED: John Williams, wife Jane, and William Williams, all of Granville
County, North Carolina, to Charles Kennedy, of Hanover County, Virginia, for £21
Virginia, 100 acres in Spotsylvania County, Virginia, bounding Matthews, Williams,
and Stubblefield (now Baylor), thence North West,, thence North East to the
beginning, being a tract conveyed by Ralph Williams to the said William Williams, who
sold the same to John Williams... /s/ John Williams, Jane Williams, William “W”
Williams. Wit: John Woolfolk, James Wiglesworth, James Crawford 2, William
Davenport. (Spotsylvania County, VA, Deeds E:262)
Charles Kennedy already owned 250 acres of the Martin Davenport Patent of
1726 in Hanover County and 175 acres adjoining Richard of County Line &
Albemarle in Louisa. This was his third plantation. Strong circumstantial evidence
indicates that Patrick Kennedy, brother to Charles, had been settled here since the
Williams moved to North Carolina, in 1764 at the earliest and possibly as late as
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1780. Other Kennedys appear in records of this area hereafter, until 1780, when
Charles and Crotia Kennedy sold this plantation.
Witness William Davenport surely was William Davenport Sr. who had been
Richard’s witness in 1744, and who had witnessed Henry Gambill’s deed to
Kennedy in 1751. He also must have been the same William Davenport who would
play a major role relative to the guardianships of Davenport Kennedy’s orphans.
The Matthews cited as adjoining landowners in this deed were the same
Matthews who had been patrons of Patrick Kennedy in 1743-44 and had sold the
25 acres in Louisa to William Davenport in 1748.
Later this year, Patrick Kennedy was among those ordered to work on a road
in the area located northeast of the Arnold’s Run-Davenport settlement and near
the Caroline line. In 1764, after attacking Thomas Graves with a knife, Patrick was
put under Peace Bond by the Spotsylvania Court, co-secured by Martin Davenport,
son of Martin, Sr.
Charles Kennedy sold the land in 1780 with no further mentions of Patrick
Kennedy, who disappeared from Spotsylvania records after 1764.
The only Patrick Kennedy found in Virginia records in the Eighteenth Century
beyond Patrick of Spotsylvania was Patrick Kennedy, Commissary for George
Rogers Clark’s Illinois Regiment during the Revolution, who apparently remained
in the Illinois County or died there. An Esther Kennedy and Cain Acuff witnessed
the will of Richard Shackleford, located on the North Fork of South River
neighborhood in 1774. Charles Kennedy and wife Crotia sold their 100 acres in
Spotsylvania to Ambrose Shackleford, brother of Richard Shackleford, Decd., in
1780 with Cain Acuff as one of the witnesses to the deed. Acuff sources claim that
Cain Acuff married Esther Kennedy, possibly the widow or daughter of Patrick
Kennedy. If so, their descendants would be related by the Acuff-Kenneday
marriage to the New Kent/Hanover Davenports.
RICHARD. JR BORN
©1755 – BIRTH: Richard Jr. to Richard of County Line and Albemarle and wife Elizabeth
Benge Hamner Davenport, in Hanover County.
We take special note of this birth among Richard of County Line’s children because
research on Richard, Jr. provided important racial information about the children
of Richard of County Life and Elizabeth Benge.
18Feb1755 - DEED: John Pettus to William Pettus, both planters of St. Martin’s
Parish, Louisa County, VA, for £120 Virginia, 214 acres in Hanover and Louisa
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counties, adjoining William Thomson, James Harris, Richard Davenport, David
Smith, the Main Road to Elk Creek, to South Fork of Little Rocky Creek, David Smith,
John Hall, Mark Wheeler, the Main Road a little above the Mine Road, Mark Wheeler,
James Harris, and back to beginning–part of two patents: (1) a patent to Shirley
Whatley on 25May1734, who conveyed to Joseph Wade on 6Oct1737, who conveyed to
William Harris, who conveyed to Thomas King, who conveyed to said Pettus on
16Oct1751; and (2) part of a tract devised by Edward Bullock, Decd., to Lucy Tait, wife
of William Tait, who conveyed to Joseph Wade on 6Oct1737, the title thereafter the
same as Tract 1 ... /s/ John Pettus. Wit: John Wright, Richard Wright, Solomon
Ellis. (Louisa County, VA, Deeds, B:95)
Most of the adjoining landowners here, including Richard of County Line &
Albemarle, did not have deeds recorded in Louisa County, but were predominantly
if not entirely recorded in Hanover County. William Pettus, a son-in-law to
Thomas and Ann Graves, became a major factor in Graves’ affairs, was a
Pamunkey and a New Kent/Hanover Davenport associate. His daughter
Susannah married John Davenport, son of Richard of County Line & Albemarle.
He died as Colonel Pettus in Spotsylvania after buying the Old Thomas Graves
plantation, residing there for the last decade of his life.
Again we encounter Francis Jerdone, the merchant near Hanover Court House
who had done business with Davenports, Kennedys et al in the 1740s and who
subsequently moved to the Hanover/Louisa Line community and became a part of
the neighborhood that included the land belonging to Richard of County Line &
Albemarle. Jerdone’s payment of Joseph the Customer’s debt when Joseph failed
to return from the “War of Jenkin’s Ear” suggests a possible family relationship.
The fact that Jerdone quit his merchant business in Hanover County to settle in
Richard of County Line & Albemarle’s immediate neighborhood raises our
suspicions still further (this even though Richard himself had likely de-camped to
Albemarle County by this time). The fact that Jerdone was identified as a “Mr.,”
meant that he was a respected man, but not a Gentleman, for no gentleman was in
commerce. Still, socially he ranked above Gist, who had not earned enough respect
to have been accorded the “Mr.” title.
The Reverend Mr. Henry was Patrick Henry’s—of “Give me liberty or give me
death” fame—father. Samuel Gist is widely documented in Virginia Court records.
He was a merchant who ranged widely pursuing debtors.
3Jun1755 - DEED PROOF: A deed from James Williams and William Williams to Charles
Kennedy was proved by the oaths of John Woolfolk, James Wiglesworth, and
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William Davenport and ordered recorded. (Spotsylvania County, VA, Court
Minutes 1755-1765, 7)
By the residences of the witnesses, all of whom were located in the corner of
Spotsylvania County bounded by Caroline and Hanover counties, we know the
deed was made locally. The witnesses had to travel to Fredricksburg, the county
seat, a distance of 32 miles to prove this deed. Kennedy and Davenport, who lived
just across Davenport Ford from each other, likely traveled together, taking at
least two day’s travel each way plus the Court days.
5Aug1755 - DEED: Henry Pendleton, wife Martha, of St. George Parish, Spotsylvania
County, to John Davenport of St. Martin's Parish, Hanover County, for £18 Virginia,
230 acres in St. George's Parish, Spotsylvania County, beginning at the Fork of the
Main Road and the Pamunkey Rolling Road, just below the Ordinary belonging to said
Davenport, thence down the Pamunkey Rolling Road to where the line of William
Prewett and the Ordinary land crosses the road, thence along Prewett’s line to John
Smith’s corner, thence with Smith’s line to Mr. Robert Baylor’s line, thence with Baylor
to the Main Road, thence up the Main Road to the beginning–being the remaining part
of a 300-acre patent granted William Smith, Gentleman, and conveyed to said
Pendleton by George Woodroof and wife Jane on 5Feb1744, 70 acres of the tract
having been conveyed to said Davenport previously ... /s/ Henry Pendleton, Martha
Pendleton. Wit: None. Acknowledged by Pendleton in Court the same day. Martha
Pendleton, wife of Henry, relinquished Dower on 3May1757. (Spotsylvania County,
VA, Deeds E:278-280)
This record reflects John Davenport of Martin, Sr.’s (aka “John the Bankrupt”)
move from Hanover County to Spotsylvania County, a distance of not more than
three miles. John’s new acreage was a mile north of his brother William Davenport
Sr.’s plantation on Arnold’s Run.
John's oldest son William, Jr., was now c15-years-old and carryied Richard of
County Line & Albemarle’s New Kent/Hanover DNA, as did his younger brother,
Richard, now approximately five years old.
The Pamunkey Rolling Road cited in this record was paved with logs laid
tightly together crossways. The road was used for rolling hogsheads (large casks)
of tobacco to warehouses located down the Pamunkey River in Hanover County.
The road itself terminated at Crutchfield’s Warehouse at the head of navigation on
the Pamunkey River in Hanover. There, the tobacco was graded, packed for
export, and shipped on ocean-going sailing vessels to England. In the 18th century,
the Pamunkey River was deep enough for ocean-going ships to sail upriver thirty
or so miles. By the Civil War (1861), the Pamunkey was so silted in by erosion
caused by upland cultivation that ocean-going ships could no longer sail or steam
above West Point, the site where the confluence of the Pamunkey and Mattaponi
Rivers became the York River.
At this point, a brief discussion of the records association and analysis that
explains how the New Kent/Hanover DNA appeared in descendants of George
Woodroof/Woodruff may be helpful. To review:
William Davenport, Jr. lived for at least nine years near the Woodroofs in
Spotsylvania County on land that had been patented to George Woodroof in 1728.
As we have seen, Woodroof started an Ordinary in his home thereon in 1736; he
sold the property to Henry Pendleton of Caroline in 1745, and moved to an adjoining
tract. Pendleton, a land speculator, rented the Ordinary to Benjamin Woodroof, son
of George, then to John Searcy; and then sold 70 acres of the tract including the
Ordinary to John Davenport “of Hanover County” in 1752, whom we know as “John
the Bankrupt.” The deed described the land as 72 acres, adjoining the Main County
Road and the Pamunkey Rolling Road. John Davenport did not move his family
from Hanover County when he bought the Spotsylvania tavern tract, but remained
on Martin Davenport, Sr.’s patent land in Hanover adjoining the Louisa County
Line.
By 1752, Richard of County Line & Albemarle was either in the process of
moving or had moved to Albemarle County. “John the Bankrupt” did not move to
his Spotsylvania business tract until 1756, when— still being “of Hanover County”—
he bought the remainder of the 380 acre-tract from Pendleton. Thereafter, John was
of Spotsylvania County. We know not whether during the four years between the
two deeds John operated the tavern himself and traveled daily from his home in
Hanover, a commute of no more than a mile and a half—north across the North
Anna at Davenport Ford, then a mile up that Main County Road—or was an absentee
landlord.
Whatever, between 1756 to c1764, William, Jr., and Richard, both posessors
of the New Kent/Hanover DNA, grew up within a short distance of the
Woodroofs. Time and proximity were present for the passing of the non-
Pamunkey DNA to the Woodroofs. While it is possible that Richard passed his
New Kent/Hanover DNA to the Woodroofs at some point, his elder brother is a more
likely candidate. William had proximity and he was of an age to be interested. On
the other hand, Richard, too, could have been the culprit. He was age 17 when his
father lost his land and ordinary to the Scottish merchants; Richard appears to
have left his family for Buckingham County shortly thereafter.
On yet another hand, the Woodroofs may have acquired the New
Kent/Hanover DNA later in Amherst County, where there were several
associations of Joseph, eldest son of Richard of County Line & Albemarle
with David Woodroof of the same Woodroof family that interfaced with
William, Jr. and Richard in Spotsylvania County. Still, we found no records of
the Davenports and Woodroofs in Amherst living in close proximity. Associations
there were as co-witnesses to the same deeds.
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The land that “John the Bankrupt” purchased in Spotsylvania had belonged to
George Woodroof until 1744. As it turns out, the Woodroof descendants who
carry the New Kent/Hanover DNA trace their ancestry back to this time in
Spotsylvania. Their ancestral family, therefore, was exposed to William, Jr. until
1764, when he married the Widow Pulliam, moved to his bride’s plantation a
distance away, and began committing Pulliam Estate assets to save his father from
overwhelming debt,. Or, if William, Jr.’s younger brother Richard passed The
DNA to the Woodroofs, the Woodroof exposure to Richard would have ended
by 1769, when John had lost the land to a creditor and moved his family to Louisa,
and Richard of John went off on his own.
A good number of present day Woodruffs have been DNA tested. Each of these
tests confirms that the Woodruffs match the New Kent/Hanover DNA through one
of these points of contact.
1Jan1756 – COMMERCIAL ACCOUNTS: Among those who had accounts with Thomas
Partridge & Company this year at the Upper Store were John Davenport (a number
of purchases paid for by a hogshead of Tobacco delivered to Page’s Warehouse), Martin
Davenport (no business during year); David Davenport (one purchase for 15/6 on
7Apr), Augustine Woolfolk (a number of purchases, paid in part by a note on Mr.
Thomson), John Paris, overseer for C. Kennedy (three purchases during year, no
payments recorded), David Cosby (multiple purchases and transactions during year,
including payment of 30/8 to Patrick Kennedy on 22Mar), and Captain William
Tyler (multiple transaction including a payment to Joseph Venable on 16Oct),
(Hanover Store, MVG, 24:4-25-2, passim)
All of these customers were associated in some regard with the Davenports
and/or the Kennedys. Partridge’s Upper Store was located near the Hanover-
Louisa boundary, whether in Hanover or Louisa unknown. John Paris [Parrish?],
overseer for Charles Kennedy, likely managed Charles Kennedy’s 175 acres in
Louisa. If Kennedy had been a gentleman, his second plantation would have been
called “Kennedy’s Quarter.” Charles Kennedy lived on a manor plantation at the
northwest corner of Hanover. Patrick Kennedy inhabited the 100 acres that
Charles owned in the southeast corner of Spotsylvania
Their father now dead, Samuel and Joseph Matthews sold their shares in his
land, adjoining Charles Kennedy—and where Patrick Kennedy surely lived-- to
their brother. Both were then settled on or near Great Rocky Creek in Louisa.
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Recall that it was Samuel Matthews who had been Patrick Kennedy’s patron at
Francis Jerdone’s store in the 1740s.
27Jun1757 - DEED: David Smith to John Smith, both of Louisa County, for £10 Virginia,
150 acres in Louisa County, beginning on [Little Rocky] Creek at William Wash’s line,
thence along said Wash’s line, to Thomas Wash’s line, thence along said Thomas
Wash’s line to Charles Kennedy’s line, thence along said Kennedy’s line to David
Smith “until it well makes 150 acres” to the beginning... /s/ David Smith. Wit: Robert
Hester, Nathaniel Dickenson. (Louisa County, VA, Deeds, B:198)
The Smiths would play major roles in the affairs of the County Line
community for the next sixty years and had already intermarried with the
Pamunkeys, liasoned with the New Kent/Hanovers, and intermarried with the
Kennedys.
When the suit first was called on the Spotsylvania docket 4Sep1764, John
Waller undertook Special Bail for his brother. A subsequent trial resulted in a jury
verdict in Davenport’s favor which Waller appealed. Before the case was finally
thrown out, the verdict was accepted by Waller’s agent, the agent was disavowed
and the acceptance was disclaimed. Waller then appealed, Waller died, a
Revolution occurred and the Spotsylvania Court abated the action because both
parties were dead. The very much undead Richard proved he was alive and
demanded that the original verdict be restored and that he be paid. A Spotsylvania
jury in effect told him to shut up and go home, Edmund Waller’s Estate had been
long settled and there was no money.
21Nov1757 - DEED: Richard Wright, Sr., planter, wife Mary, to Richard Wright, Jr.,
planter, all of Louisa County, for £39 Virginia, 130 acres in Louisa County. Beginning
on the upper side of the East Fork of Little Rocky Creek at a corner in Richard Wright’s
line, thence across the Creek and along Nathaniel Dickenson’s line, thence to a corner
on John Waller’s [David Smith’s] line, thence to a corner of William Thomson, thence
along Thomson’s to a glade, thence down the glade upon Richard Davenport’s line
to East Creek [East Fork of Little Rocky Creek], thence by the Creek to a ford, formerly
called Conner’s Ford, thence to Simm’s line to the beginning–part of a great tract
patented to Thomas Carr, Gentleman, Decd., who conveyed to Robert Simms, who
conveyed to William Hall, who conveyed to said Wright, Sr., as recorded in Hanover
County ... /s/ Richd Wright, Mary Wright. Wit: William Pettus, William Wright,
John “H” Hall. (Louisa County, VA, Deeds, B:219)
This land was astride or near the Hanover line. Surely, by this time Richard
of County Line & Albemarle had moved to Albemarle County. We do not know who
was planting Richard’s land at this time but it could have been Davenport
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Kennedy. He had completed his apprenticeship a year earlier and was now free to
marry. His eldest child, a daughter named Dicey, was born in June 1759.
21Nov1757 - DEED: Richard Wright, Sr., planter, wife Mary, to William Wright, planter,
all of Louisa County, for £18 Virginia, 50 acres in Louisa County, on the upper side of
the East Fork of Little Rocky Creek. Beginning at a corner on William Hall’s line on
the East Fork of Little Rocky Creek, thence to the head of a branch, thence down the
branch by its meanders to a South Fork of Little Rocky Creek, thence up the South Fork
as it meanders to a corner of Richard Davenport’s, thence along the former line
between the said Davenport and Simms to a stake in the lower side of the [South]
fork, a former corner of William Hall, then down the fork by its meanders to a corner,
thence to the beginning-–part of a great tract patented to Thomas Carr, Gentleman,
Decd., who conveyed to Robert Simms, who conveyed to William Hall, who conveyed
to said Wright, Sr., as recorded in Hanover County ... /s/ Richd Wright, Mary Wright.
Wit: William Pettus, William Wright, John “H” Hall. (Louisa County, VA, Deeds,
B:221)
This tract was entirely within Louisa, located near the Hanover line
29Nov1757 – DEED: William Mail to John Mail, both of Frederickville Parish, Louisa
County, for £10 Virginia, 44 acre in Louisa County on Wolf Trap branch [No other
description]… /s/ William “X” Mail. Wit: David Watts, Joseph Davenport, David
“X” Ferguson. (Louisa County, VA, Deeds, B:263)
This land was in the far north of Louisa, near the Orange County line. This
was the first record appearance of Joseph Davenport, eldest son of Richard of
County Line, now of Albemarle. Richard of County Line & Albemarle had married
a young second (possibly third) wife a few years before this, apparently more near
the age of Joseph than his father. Surely Joseph was not in his father’s household
at this time, for by his records appearances, he lived some distance from his father
and/or his stepmother for the next fifty years. Joseph was located in northern
Amherst County from this time until 1807.
The fact that Richard of County Line & Albemarle named his eldest son Joseph
reminds us of Joseph Davenport the Customer, dead since the “War of Jenkin’s
Ear,” and likely Richard of County Line & Albemarle’s brother—as well as the
father of Davenport Kennedy, who was born on the wrong side of the sheets. (It
may bear mentioning here that Davenport Kennedy named his eldest son Joseph.)
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Venable reportedly married a Lucy Davenport as a second wife. As we’ve
already noted, we identify Lucy Davenport Venable as a sister of Richard of
County Line & Albemarle.
6Jul1758 - CLAIM AGAINST COUNTY: Joseph Venable exhibited a claim for taking up a
Runaway Slave belonging to Benjamin Grimes, Gentleman, of Spotsylvania County.
Said claim certified by the Court. (Spotsylvania County, VA, Court Minutes 1755-1765,
119)
Venable was located eastward of the Arnold’s Run settlement, adjoining John
Minor, who adjoined William Davenport. Patrick Kennedy was located on Charles
Kennedy’s land nearby.
29Apr1759 - BORN: James Davenport [Jr.], son of James Davenport and his wife
Frances [nee Jouett] was born in Albemarle County. (James Davenport Family Bible,
Palmetto, Georgia, as of 25Dec1920)
James, Jr. appears to have been the third son of James and Frances, following
in order Jouett, then John; James, Jr.; William, and Jesse. He also had several
older sisters. Junior served in the 5th Regiment of Foot, Virginia Continental Line,
during the Revolution, was wounded and disabled for life at the Battle of
Brandywine. His disability pension problems were constant. On 29Nov1785 he
married Dicey Kennedy, daughter of Davenport Kennedy of Louisa County.
James, Jr., and Dicey moved to Georgia with his parents in 1792-93. More co-
mingling of the New Kent/Hanover and Pamunkey Davenports.
12May1759—PATENT: Daniel Scott, 930 acres in Albemarle County on the North side of
and adjoining the Fluvanna River (350 acres part thereof being formerly granted unto
Edward Scott by patent of 28Sep1732; 200 acres thereof being formerly granted unto
said Edward Scott by patent of same day, 28Sep1732: right and title has become vested
in said Daniel Scott; 380 acres residue was granted unto said Daniel Scott by patent on
1Oct1747; adjoining the Fluvanna River, Mr. Arthur Hopkins lines, lines of John
Lewis, crossing Totier Creek, John Tuley's line, line of George Nicholas. (Julia
Croswell, Original Albemarle County Patents by Location, p. 2)
Davenport Kennedy surely married by 1757, when he was in his late 20s. Dicey
was the eldest of the eight children who survived their father, who died in late 1783.
16Dec1759 – LAST WILL & TESTAMENT: John Dowell of Louisa County, made this date;
probated ? Names son Thomas Dowell, son [illegible], son John, son William, son
Ambrose, son Richard, Samuel Munday and Robert Grinnen, daughter Sarah Grinnen,
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daughter Mary Lankford, daughter Shirley Dowell, daughter Lukey, wife Christian.
Executors: son John Dowell, friend Daniel Farguson.… /s/ John “X” D owell. Wit:
George Martin, John “X” MacCally, Joseph Davenport. (Louisa County, VA, Wills,
1;50)
Witness Joseph Davenport was the eldest son of Richard of County Line &
Albemarle. This testament was made near the Albemarle line in that part of Louisa
later cut off and added to Albemarle. Joseph appeared in Orange County Court
records shortly hereafter, then once in Albemarle County records. Thereafter, his
18th Century records were in Amherst County, a good distance from his father.
18Aug1760 – SURVEY: John Staples platted 400 acres in Albemarle County for Richard
Davenport, on a branch of Hardware River, adjoining Samuel Gay, Thomas Williams,
Joseph Jackson, and Edward Carter, Esq. (Albermarle Surveys, 87)
This was Richard of County Line & Albemarle’s first land acquisition in
Albemarle records. As accorded by the laws and customs of the day, Richard likely
resided on the Widow Hamner’s plantation after their marriage. Unless contracted
otherwise, her assets became his as soon as they were married.
Joseph , eldest son of Richard of County Line & Albemarle, was now located
north of Albemarle County. The William Davenport who claimed a Revolutionary
War pension and stated that he had been born in Orange County was likely a son
of Joseph.
Edmund and Francis Arnold, Jr., and Benjamin Arnold, were sons of Francis
Arnold, Sr. and were first cousins to the children of William Davenport, on whose
land they had been raised. Joseph Venable, Jr., was either a son or husband of
Lucy Davenport Venable, believed sister of Richard of County Line & Albemarle.
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On 2Jun1747, Joseph "X" Venable gave John Minor a chattel mortgage, witnessed
by Peter Daniel and James "X" Sparks. On 28Oct1754, Joseph Venable was one of
the witnesses to the Last Will & Testament of John Minor. On 27Apr1758, Joseph
"X" Venable of Spotsylvania County gave a chattel mortgage to James Townsend
of Orange County, with James Edwards, Jr., Thomas Waller, and William Minor
witnessing. On 6Feb1763, Joseph Venable, with Henry Chiles, Thomas Wyatt, and
Thomas White, witnessed the deed of John "X" Trusty to John Chiles. On 1Aug1763,
Joseph Venable was one of the witnesses to a deed of Daniel Musick, wife Elizabeth,
to John Chiles. In 1763 [no month or day], Joseph Venable, wife Lucy, sold 100
acres in Spotsylvania County to John Davis of Spotsylvania, no witnesses. In his
last appearance in Spotsylvania Court records, Joseph Venable, wife Lucie, sold
100 acres to Clayton Coleman, with no witnesses. A Joseph Venable was in
Patriotic service in Spartanburg County, South Carolina, during the Revolution,
reportedly moved on to Warren County, Kentucky, where he died in 1810. There
appears to be a confusion between Joseph Venable and Joseph Venable, Jr.]
This was the third county for a Joseph Davenport record appearance. Here
he was in the same neighborhood of his father’s plantation and may have returned
home. Castleton Harper, grantee here, was a neighbor and associate of Robert
Hamner, deceased husband of Richard Davenport of County Line & Albemarle’s
second wife Elizabeth Benge Hamner.
7Dec1761 - WITNESS FEE: On motion of Joseph Venable, a witness for Smith against
Mays, ordered said Smith to pay said Venable for 9 day’s attendance at Court.
(Spotsylvania County, VA, Minutes 1755-1765, 243)
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17Mar1762 - JUDGMENT CONFIRMED: In the matter of Davenport Kennedy vs. John
Paulett, William Tyler, and John Poyner in Debt, the Defendants failing to appear,
judgment of last July Court against said Paulett and Philip Estes, his common bail, for
£16 current money is confirmed, and they are ordered to pay the said Kennedy. To
be discharged by payment of £8 with interest from 1Oct1761. (Caroline County, VA,
Court Orders, 6:286)
23Jul1762 – DEBTOR: David Lewis, Jr., of St. Anne’s Parish, Albemarle County, to
Alexander Baine, of Henrico County, Power of Attorney to collect a large number of
debts owing to said Lewis, including Richard Davenport, who owed 5/6… /s/ Davis
Lewis, Junr. Wit: Chas. Lambert, Thos. Morris, Robert Blaine. (Albemarle County,
VA, Deeds, 3:221)
Merchant and money lender Baine, or his agents, pressed many debt collection
lawsuits in multiple counties. Richard apparently paid up, for he appeared no
further in Baine’s legal actions.
5Aug1762 - BENCH WARRANT: The Albemarle Court ordered the Sheriff to arrest
Richard Davenport and bring him into Court to answer the suit of John Harris, Jr.,
on a plea of Trespass. (Albemarle County, VA, Court Orders, ?:?)
17Nov1762 – PARISH CHARITY: Elizabeth Arnold, a poor, infirm woman, allowed 500
pounds of Tobacco. Joseph Venable allowed 500 pounds of Tobacco to be laid out
by the Churchwarden. (St. George Vestry Book, 124)
William appears to have been the son of Joseph, eldest son of Richard of
County Line & Albemarle. (Pamunkey William of Glover of Martin, Sr., was in
Amherst by this time.)
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In 1840, William, age 70-80 was enumerated on the same page as Richard
Allcock, a grandson, and Robert Wingfield, age 70-80, a brother-in-law by
William’s first wife Sarah Wingfield.
We deduce William’s given age group of 70-80 from the Census of 1840,
enumerated in Amherst County, Virginia and from his claims in his Revolutionary
War Pension Application. We cannot resolve the question of his birth location.
Richard of County Line & Albemarle now had Albemarle land in his own name,
likely the land platted in the 1760 survey. Prior to this, he likely lived on the land
Elizabeth Benge Hamner received from her husabnd’s will after relinquishing her
rights; this was far less than she would have received had she not relinquished her
rights. According to Hamner researchers, her son, Nicholas Hamner, did not stay
with his mother but went to live with an uncle and did not take possession of the
land left to him by his father—two-thirds of the total acreage after Elizabeth
relinquished her rights—until he was 18. It’s likely that Elizabeth lived on the intact
parcel throughout Nicholas’s childhood.
7Nov1763 – DEED: Joseph Venable, wife Lucey, to John Davis, all of Spotsylvania
County, for £8/10/0, 100 acres in Spotsylvania County, [description all in survey
measurements]… /s/ Joseph Venable, Lucey Venable. Wit: None. Acknowledged
by both husband and wife in Court on 7Nov1763. (Spotsylvania County, VA, Deeds,
F:292)
Joseph now had a signature, no more “X’s.” The land was east of John Minor,
who was east of William Davenport, and was near the North Anna River. We
remind that Lucy Venable was likely Lucy Davenport Venable, sister to Richard
Davenport of County Line & Albemarle.
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This lawsuit and counter suit was on the docket, off-and-on, in Spotsylvania
Court for almost a quarter of a century. It continued even after Waller was long
dead and a jury had told Davenport of Albemarle to cease the “false clamor” and
pay all costs (see below). By his persistent pursuit of this matter, Davenport had
picked a fight with a powerful family in Virginia, although Edmund was,
admittedly, the least powerful of the lot. Perhaps Richard thought another member
of the family would eventually pay up even if Edmund could or would not. This
hopefulness may have amounted to a “squeaky wheel gets the grease” prosecution.
4Apr1764 - COMMON ORDER: In the matter of Chew vs. Kennedy, the Court ordered the
Defendant to appear and answer at the next Court. (Spotsylvania County, VA, Court
Minutes 1755-1765, 314)
By later evidence (see below), the defendant was Davenport Kennedy, bastard
son of Joseph Davenport the Customer and nephew of Richard of County Line &
Albemarle. Doing business in a county meant that one was subject to that county’s
court. If Chew’s suit involved work that Kennedy had done or a transaction that
Kennedy had made in Spotsylvania, the Spotsylvania Court had jurisdiction
This William Wash was not the son-in-law of Charles Kennedy and had no
known role in Kennedy and/or Davenport affairs beyond this indenture. In later
years, Ezekiel Wash appeared in Louisa records as a carpenter. Compare this
indenture with Davenport Kennedy’s: a parent signs a contract with the Master to
indenture his son to learn to be a Carpenter and a Joiner, and both parties state
their agreement before the Court. In Davenport Kennedy’s case, he made the
agreement with the Master, there were no witnesses or Court appearance, and
Davenport Kennedy had the document recorded on his own—a year after this
indenture was proved in Court.
Some of the terms of Ezekiel’s indenture are amusing: note that he is not
prohibited from fornication but only from fornicating “frequently.”
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4Dec1764 - PEACE BOND: Patrick Kennedy, being bound over to [Spotsylvania] Court
by John Crane, Gentleman, for stabbing and dangerously wounding Thomas Graves,
and the Court having heard the evidence of Ann Williamson and others, are of the
Opinion that he [the said Kennedy] give security for keeping the Peace for one year
and one day, and also to appear hereafter if called upon to answer the account of the
aforesaid offense, that is to say, himself [to provide bond] in the sum of £50 and two
securities [to provide bonds] of £25 each, or one good security for £50, and for want of
such [bonds being provided, said Kennedy] to be committed to gaol (jail).
Whereupon he [the said Kennedy] together with Martin Davenport and Robert
Huddleston, Jr., entered into recognizance. (Spotsylvania County, VA, Court
Minutes 1755-1765, 341)
PRIOR TO 1765 – SONS BORN WHO DIED IN REVOLUTION: Joseph Davenport, eldest son
of Richard, Sr., had three sons: Achilles, Edmond, and John, all of whom served
as Privates in Captain Samuel Jordan Cabell’s Company of Riflemen, 6th Regiment of
Foot, Virginia Continental Line, and all died in Service before 4Aug1777 on detail with
Morgan’s Battalion of Sharpshooters. They were all surely in their mid-to-late teens.
2Apr1765 - SECURITY: In actions for Debt brought by Semple & Company against
Davenport Kennedy and David Davenport (two joint suits), John Lewis appeared
in Court and became Special Bail for Kennedy and Davenport. (Spotsylvania County,
VA, Court Minutes 1755-1765, 350)
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This John Lewis was an attorney, the son of Zachary Lewis, Sr., the King’s
attorney for Caroline County who livedin Spotsylvania and was a son-in-law to
Colonel John Waller. The fact that Pamunkey David Davenport and New
Kent/Hanover Davenport Kennedy were together suggests that they were
working together. Both were carpenters and likely had formed a spot partnership
for a joint construction venture. Semple & Company was a Fredericksburg
merchant house and likely was suing for payment for building materials and/or
supplies the two had bought and for which they had defaulted on payment.
Davenport Kennedy was living on and working out of Richard’s County Line tract.
This is the first or second appearance of William, Jr., the eldest “son” (see
below) of “John the Bankrupt” in Spotsylvania records. (An appearance earlier in
May may have been his Uncle, William, Sr.). To have been a security (co-signer)
for his father, William, Jr., had to have been a man of substance--which he had
become by his marriage to Elizabeth, widow of James Pulliam. By that marriage,
William Jr. was immediately vested with whatever property Elizabeth had,
namely the James Pulliam Estate. That estate was substantial and included land,
slaves, and other chattel.
Here follows only a sample of the many court actions against John that made
him a bankrupt. The citation of John and William, Jr.’s court appearances
hereafter demonstrate the lengths that William, Jr.went to in pledging Pulliam
Estate assets to secure his father’s debts. In his financial struggles John embroiled,
at one time or another, all of his nearby brothers—namely William, Sr., Martin,
David, and James; old George Woodroof and George Lumsden, but none of his
Smith in-laws.
It’s a desperate account of a man sinking under debt but it’s also a touching
story of filial loyalty. As such, it makes clear that William Jr. must have had no
idea that “John the Bankrupt” was not his father.
“John the Bankrupt” was hiding out from the Spotsylvania Sheriff across the
North Anna in Louisa. This was not a well considered move, for George Lumsden,
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the Louisa Deputy Sheriff to whom the Spotsylvania judgment was directed for
execution, was married to a Smith, as was John. Whether Lumsden himself paid
the judgment or obtained satisfaction from John is moot, but Lumsden
subsequently became John’s principal co-signer. But John’s financial problems’s
were colossal and Lumsden was almost immediately in over his head. Apparently
a prudent realist, he took his losses early and bailed out.
6Aug1765 - MORE SUITS JOINED: In the matter of Semple & Company vs. Kennedy &
Davenport in Debt, order to Defendants to answer Bill, and in the matter of Semple &
Company vs. Kennedy & Davenport in Debt [a second suit], judgment for costs only
against the Defendants. (Spotsylvania County, VA, Court Minutes 1755-1765, 366)
The debts being collected were not necessarily contracted by the defendants
from the plaintiff. There was much assignment in Colonial times, given the
distances and hardships of travel. A merchant in one place, rather than chase a
debtor who had moved elsewhere, would assign the account or note to a merchant
in or near the place where the debtor had re-located. That merchant, having the
benefit of local costs, would collect the debt and receive a percentage of the amount
collected. This appears to have concerned debts contracted by Davenport Kennedy
and David Davenport of Martin, Sr., perhaps as a consequence of their carpentry
partnership.
John Davenport was being pursued for Debt in Caroline, Spotsylvania, and
Louisa counties at this time. He was probably under pursuit in Hanover too, but
those records are destroyed. George Lumsden, Louisa deputy sheriff, was much
involved with the Davenports for the next thirty-five years. Louisa Sheriff John
Pettus’ plantation adjoined Charles Kennedy’s plantation in Hanover to the west.
6Oct1765 - PAYMENT FOR BRIDGE WORK: John Lewis, Gentleman, appointed to let the
repair of East North East Bridge, reported that he had let the same to Davenport
Kennedy for £4/7/9, who had performed the work. Ordered that the Sheriff pay said
Kennedy out of the moneys in his hands. (Spotsylvania County, VA, Court Minutes
1755-1765, 378)
Kennedy repaired the same bridge that David Davenport had built in the early
1750s. John Lewis, Gentleman, was the same John Lewis who had given Special
Bail for Davenport Kennedy and David Davenport in Spotsylvania Court earlier
and would do so again in two case tried two days later.
8Oct1765 - MORE SECURITY: In the matters of Chew vs. Davenport Kennedy and Chew
vs. David Davenport, both Defendants being out of the County, John Lewis came into
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Court and became Special Bail for both. (Spotsylvania County, VA, Court Minutes
1755-1765, 378)
David Davenport had moved to Cumberland County by this time, but still had
assets in Spotsylvania. Davenport Kennedy was a Hanover resident by virtue of
the manor house on Richard’s County Line tract being on the Hanover side.
9Nov1765 - SHERIFF'S RETURN: In the matter of the judgment obtained by Thomas Moore
against John Davenport, and William Davenport [Jr.] his security, the Sheriff of
Spotsylvania made no return. (Spotsylvania County, VA, Executions, 141)
The Sheriff could find neither “John the Bankrupt,” nor his son William, Jr.
15Mar1766 – DEED: John Davis, wife Martha, to Ambrose Shackleford, all of St.
George Parish, Spotsylvania County, for £10, 100 acres in Spotsylvania County,
adjoining Joseph Venable, James Townsend, John Shackleford, and William
Thurston--being land purchased by the said Davis from Joseph Venable… /s/ John
Davis, Martha “X” Davis. Wit: Thomas Wiatt, Morgan Murray, Joseph Venable,
Francis Browning. (Spotsylvania County, VA, Deeds, F:731)
This was the tract that Joseph Venable and wife Lucy Davenport had conveyed
to Davis. By other evidence, this land was in the same neighborhood of the 100
acres that Charles Kennedy, wife Crotia Davenport, had bought in 1760, whereon
Patrick Kennedy, relationship to Charles not known, resided. Charles Kennedy,
wife Crotia, sold their Spotsylvania tract to Ambrose Shackleford in 1780 (see
below).
8Apr1766 – PARISH CHARITY: Joseph Venable allowed 1,200 pounds of Tobacco for
maintaining Catherine Venable. (St. George Vestry Book, 135)
A Catherine Venable, who had sued Charles Kennedy in Louisa, in 1746, was a
relative in some degree to Joseph Venable, which may have made her a relative to
the New Kent/Hanover Davenports.
This was “John the Bankrupt” getting financial help from either a good friend
or his wife’s family. Both John and Lumsden were married to Smiths. Thirteen
months later, Lumsden gave up his lien and all of his money except for five
shillings, when the land was mortgaged to a Glasgow merchant. The slaves were
sold separately by John and his son William, Jr., to John’s brother William Sr.
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(father-in-law to Davenport Kennedy) for less than what Lumsden had given for
the mortgage here. Trinity Parish was that part of Louisa County west of St.
Martin’s. William Pettus and Lumsden were virtually joined at the hip in public
record appearances hereafter—if one appeared, so did the other. Witness Edmund
Waller (the same being sued by Richard of County Line & Albemarle), an attorney,
likely drew up the document.
16Jul1766 - BONDSMAN: In the matter of two suits filed against John Davenport for
Debt by Cunningham, Stewart & Company, George Lumsden came into Court and
became Special Bail for Davenport. (Louisa County, VA, Court Orders, 3:9)
Special Bail meant that if John didn’t pay, Lumsden would. Essentially, he was
co-signing John’s debts to Stewart & Company, a Scottish merchant firm.
Lumsden put himself at risk frequently for various Davenports and Kennedys
hereafter.
9Aug1766 - SHERIFF'S RETURN: A judgment for £9/7/7 against David Davenport awarded
Larkin Chew, Gentleman. Execution against said Davenport’s estate by Sheriff
returned stating that said Davenport could not be found in the bailiwick, hence the
judgment was executed against Davenport Kennedy, said David's security.
(Spotsylvania County, VA, Executions, ? )
It would have been as hard to collect from Davenport Kennedy as it was from
David Davenport, except for the distance. David was a resident of Cumberland
County almost 100 miles from Fredericksburg. Davenport Kennedy was a resident
of Hanover County, 33 miles from Fredericksburg. In both instances the judgment,
whether collected from David or Davenport Kennedy, had to be put in the hands of
the local sheriff for execution.
17Nov1766 – DEED: Walter Goldsmith, wife Elizabeth, of St. Martin’s Parish, Louisa
County, to George Lumsden, of Trinity Parish, Louisa County, for £12 Virginia, 50
acres in Louisa County [on waters of Little Rocky Creek]. Beginning at two red oak
saplings in a corner of William Wash, thence on John Smith’s line to a scrubby oak in
Thomas Wash’s line, then to a scrubby oak sapling on William Wash’s line, thence
along said Wash’s line to the beginning… /s/ Walter Goldsmith, Elizabeth “Z”
Goldsmith. Wit: Wm. Pettus, A. Woolfolk, Edmond Eggleston. (Louisa County, VA,
Deeds, D½:14)
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“John the Bankrupt” was in the process of being picked apart by his creditors.
John retrieved the slave attached by giving Herndon an interest bearing bond co-
signed by a security. Whether William Davenport, his security, was his eldest son
who had recently married a rich widow, or his brother William, Sr., is enigmatic.
6Dec1766 - EXECUTION: The judgment for William Tyler against John Davenport for
£2/2/6 was returned as "one slave [taken from Davenport and delivered] to William
Tyler. (Spotsylvania County, VA, Executions ? )
Matters were indeed serious when the Sheriff seized a slave on an attachment.
The Sheriff, however, avoided the problem of providing for the slave by
immediately delivering him or her to the judgment holder. This report indicates
that John did not immediately replevin his property, i.e., did not pay the judgment
or did not give bond to pay the judgment.
10Dec1766 - EXECUTION: The judgment of John Waller against John Davenport for a
debt of £3/13/6 was executed by the Sheriff by levying upon one desk and one feather
bed of Davenport and delivering same to Waller. (Spotsylvania County, VA,
Executions ? )
“John the Bankrupt’s” creditors had begun to act like scavengers. Note that
while John was living in Louisa, he had land, a home, and slaves in Spotsylvania,
all of which were being seized to pay judgments against him. His body was not in
Spotsylvania, but his assets were.
John had roped Old George Woodroof into his tangled financial affairs. When
the Sheriff started taking slaves and horses, John’s affairs were in a crisis state.
By this time David was well settled in Cumberland County. Kennedy did not
pursue him there. Evidence suggests that David left North Anna waters with a
number of debts on whom Davenport Kennedy had been the co-signatory. If
Kennedy did not pursue him to Cumberland, likely David had settled with him.
Henry Gambill, Jr., son of Henry Gambill, Sr., and Mary Davenport, nephew of
David, did not let his uncle escape paying him. Gambill, Jr., pursued David
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Davenport to Cumberland where he sued David, David countersued, and the
matter was before the Court there for more than five years—with David ultimately
having to pay his debt.
–Jun1767 - LOUISA TITHABLES: Samuel Ragland’s List of Tithes, Land, and Wheel
Carriages in St. Martin’s Parish, Louisa County, included:
3Aug1767 - MORTGAGE: John Davenport, wife Mary, of the Colony of Virginia and
Spotsylvania County, and George Lumsden, of the Colony of Virginia and Louisa
County, to Andrew Cochrane, William Cunningham, John Stewart & Company, of City
of Glasgow, merchants, for £120 to said Davenport and wife and 5 shillings to the
said Lumsden, 320 acres in Spotsylvania County, beginning on the Main Road that
leads to Chesterfield, thence North to near William Pruett line, thence South to
Prewitt’s and John Smith’s corner on the SE side of a branch, thence to Robert Baylor’s
line, thence South to Baylor’s corner on the North side of the Main Road, then up said
Road to the beginning—being a tract of land patented to William Smith, who dying
intestate, the same descended to Thomas Ballard Smith, eldest son and heir-at-law,
who together with Richard Phillips conveyed the said land to George Woodroof, who
conveyed to Henry Pendleton, who conveyed to the said Davenport... /s/ John
Davenport, [No Wife Signs], [No Lumsden signature]. Wit: None. (Spotsylvania
County, VA, Deeds G:103)
Here Lumsden resigned his claim for a token 5 shillings, and in a separate
instrument, transferred any interests in John's real estate to the Glasgow
merchants. Davenport did not redeem the mortgage and lost the land. With this
action, “John the Bankrupt” became a freeholder in name only–he had no land.
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This tract appears to have survived confiscation during the Revolution,
remained in British ownership, and was sold in 1787 by William Cunningham &
Company of Glasgow as the New Market tract, and now is the site of the
community of Partlow just above Davenport Bridge in Spotsylvania.
Semple had put John’s brother David in Debtors Prison. When Semple
obtained a judgment against John Davenport and his son William, “John the
Bankrupt” took the threat seriously and, with funds fresh from mortgaging his
land, paid the judgment and avoided the same fate.
With this action, Lumsden lost the £200 that he had paid “John the Bankrupt”
the previous year, taking a lien against John’s land and slaves. Despite this bad
experience, Lumsden would co-sign with and bond Davenports for another
twenty-five years.
-----c1768 – BIRTH YEAR: Richard Davenport, son of Joseph Davenport, born near
this time in Amherst County, Virginia. (Deduced from Richard’s enumeration in the
Census of 1810 in Amherst County in Age 25-44 Group.)
Richard of County Line & Albemarle got a namesake grandson with this birth.
11Apr1768 - CONTINUANCE: The matter of William Cunningham, John Stewart & Co. vs.
Davenport Kennedy for Debt was continued on motion by Plaintiff’s attorney.
(Louisa County, VA, Court Orders 1766-1772, 151)
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Sooner or later most of those closely associated with “John the Bankrupt” on
North Anna waters kept an Ordinary, i.e., were in the tavern business.
Jack Smith Davenport was the third son of “John the Bankrupt” and wife Mary
Smith, and was a first cousin to Henry Gambill. Jouett Davenport was the eldest
son of James of Martin, Sr., and another first cousin of Gambill. Both Jack Smith
and Jouett were either working for or apprenticing with Gambill, who was
married to Charlotte Jouett, sister to James of Martin, Sr.’s wife. This was a
working household that contained no slaves. Henry Gambill was a millwright by
craft, as was Jouett Davenport. Jack Smith subsequently went to Charlotte
County, married an heiress, became a planter and freeholder, and then was
mortally wounded at the Battle of Guilford Courthouse, in Guilford County North
Carolina, in 1781. Jouett Davenport became a millwright who worked in Hanover
and Louisa counties. He was dead by 1777 and apparently died without heirs.
Jouett had surely lived with his parents in Albemarle during their interlude from
the Davenport Ford plantation.
Charles Kennedy’s manor plantation was in Hanover. His Louisa Quarter was
likely manned by an overseer and two slaves.
This was uncle versus nephew, both being tobacco planters. The nature of this
debt or damages is unknown. “Neat tobacco” was the way finished and inspected
tobacco was described. “Neat tobacco” was of greater value than unfinished, rough
tobacco. William, Sr., we remind, was the 1744 witness for Richard of County Line
& Albemarle and grandfather to Davenport Kennedy’s orphans. William, Jr., was
a carrier of Richard’s New Kent/Hanover DNA.
20Aug1768 - VERDICT: The matter of Cunningham, Stewart & Co. vs. Davenport
Kennedy being tried by jury, verdict for the Plaintiff in the amount of £17/14/6 and
costs. (Louisa County, VA, Court Orders 1766-1772, 224)
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If the suit against Davenport Kennedy was tried in Louisa, he was a resident
of Louisa, although he was not on the St. Martin’s Parish Tax List.
7Sep1768 - VERDICT: The matter of Richard Davenport vs. Edmund Waller in Debt
being tried by Jury, verdict for Davenport of £18/4/1 on Debt and 1 penny in
Damages, to be discharged by payment of £9/2/½ with interest from 10Nov1757.
(Spotsylvania County, VA, Court Orders 1768-1779, 23)
This was as close as Richard of County Line & Albemarle ever came to seeing
money from this seemingly endless litigation—and this verdict was subsequently
set aside. This was the litigation between Edmund Waller of Spotsylvania County
and Richard Davenport of Albemarle County over an alleged slander that began
in Spotsylvania Court in 1757 and kept returning to the docket until it was
discontinued in 1783 because both parties were reportedly dead. Richard of
Albemarle was not dead and he revived the suit only to be set down harshly by a
Spotsylvania jury that same year.
7Nov1768 – GUARDIAN BOND: William Davenport and John Lewis give £500 bond to
Benjamin Grymes, John Crane, William Smith, and John Bird Roy, Gentleman
Magistrates as said Davenport’s security as Guardian to William Graves, orphan
of Jonathan Graves, Decd. (Spotsylvania County, VA, Wills, D:356)
Jonathan Graves was the thirteenth child of Thomas Graves, Sr., and his
second wife Ann Davenport, daughter of Davis Davenport, the Pamunkey
patriarch. William Davenport made an accounting of his guardianship in 1770
and again 1772, then no more.
Twenty-one years after the Spotsylvania Court action cited here, William
Graves, George Lumsden, and William Kennedy--eldest son of Charles Kennedy--
served as securities for William Davenport, Sr.’s administration of the Estate of
Davenport Kennedy, Decd., in Louisa, succeeding the failed administration of the
Widow Mary Kennedy. At the same Court, Davenport undertook guardianship of
the two youngest male DK orphans, and William Graves undertook guardianship
of the two youngest female DK orphans. A month later, Graves replaced William
Davenport Sr. as administrator of DK’s Estate, bonded by Joseph Kennedy, George
Lumsden, and James Davenport. As guardian to William and Robert Kennedy,
orphans of DK, William Davenport made annual reports to the Louisa Orphans
Court, as he had done to the Spotsylvania Court when guardian to William Graves,
orphan of Jonathan, twenty years before. His last report was made in 1792,
indicating that both of his charges had attained legal age. William Graves
continued as the DK Estate administrator until settlement in 1797. He was not
mentioned in William Davenports will, made in 1795, probated in 1798. But the
similarity of William Davenport’s behavior towards Jonathan Graves’ orphan and
Davenport Kennedy’s orphans provides circumstantial evidence that he was a
grandfather in both instances, i.e., looking after grandchildren. If so as to DK’s
orphans, they too went unmentioned in his will.
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5Apr1769 - EXECUTION: A judgment obtained by Richard Tunstall against John
Davenport and William Davenport for £6/7/4 was not executed by Sheriff’s
return. (Spotsylvania County, VA, Executions, upn)
–Jun1769 - LOUISA TITHABLES: A List of Tithes, Lands and Wheel Carriages in St.
Martin’s Parish, included:
“John the Bankrupt” was heavily indebted to his brother William Sr., father of
Davenport Kennedy’s unidentified wife, for the Slaves identified were surely worth
between £50 and £100 each. The sale price of £33 could not have been a value
price and likely reflected what William was willing to pay above what he had
already paid out or committed on John’s behalf. This originally was a mortgage,
but became a Bill of Sale when John, Sr., failed to redeem his property.
William, Jr., likely had to sign off also because as oldest son, he was the heir-
at-law and had contingent vested right in all of his father’s assets, of which, at this
time, slaves were the most valuable. John had already lost three slaves to creditors
by attachment.
7Aug1769 – BRIDGE ORDER: The viewers appointed to inspect the bridge repairs done
by Davenport Kennedy to Captain Dangerfield’s and Haines’ bridges return their
report that Kennedy has done work as contracted and was owed 1,000 pounds of
Tobacco by the County. Court ordered that amount to be paid at the laying of the next
County Levy. (Spotsylvania County, VA, Court Minutes 1768-1774, npn)
9Aug1769 – DEFAULT JUDGMENT: In the matter of Roger Dixon, Gentleman, vs. John
& William Davenport in Debt, the Defendants not appearing, judgment against the
Defendants and their security William Davenport, Sr., for £56, to be discharged by
payment of £28 with interest from 1Jun1767 until paid. (Spotsylvania County, VA,
Court Orders 1768-1770, 50)
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In this instance, John’s brother William had co-signed for “John the Bankrupt”
and his son William, Jr., but William, Sr. was more than compensated by the value
of the slaves he had mortgaged from John.
11Sep1769 – DEED: William Pettus, wife Susannah, to John Spencer, all of Louisa
County, for £120 Virginia, 200 acres in Louisa County on waters of Little Rocky Creek,
being the same tract conveyed to William Pettus by John Pettus on 18Feb1756.
Beginning at William [blot]son corner on James Harris’ line, thence to Richard
Davenport’s line, thence along Davenport with to Smith’s corner, thence on Smith
South West to his corner, thence West on Smith to the Main Road to Elk Creek, thence
North to South side of the South Fork of Little Rocky Creek, another corner of David
Smith’s, thence up the Creek to the mouth of the South branch on the Creek, thence
to John Hall, thence South East to another corner of John Hall, thence South East to
Robert Wheeler, thence North East to Wheeler in a bottom, thence North East to the
Main Road a little above the Mine Road, thence South East to Wheeler on James
Harris, thence with Harris North East to the beginning… /s/ William Pettus,
Susannah Pettus. Wit: Wm Barkley, Mathew Anderson, Richard Graves. (Louisa
County, VA, Deeds, D½:156)
New Kent/Hanover witness Charles Davenport was the second son of Richard
of County Line & Albemarle. Charles surely had traveled to Cumberland County
from either Albemarle or Culpeper for a reason other than witnessing a deed. We
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know nothing about Charles prior to his high profile presence in Culpeper during
the Revolution since records of the prewar decade of both Albemarle and Culpeper
have been lost. When extant records resume, Charles was a Culpeper magistrate,
then Sheriff, one of two commissioners charged with collecting food, found,
supplies and shelter for Continental and State troops, and had married a rich
widow. (The latter activity was generally pursued by both Pamunkeys and New
Kent/Hanovers.)
Grantor Keeling had bought the land earlier from Thomas Davenport, Jr.
This matter was still in Equity when Edmund Waller died. As previously noted,
Richard of County Line & Albemarle pursued judgment against Waller’s Estate
after the Revolution, for which activity he was chastised by the court in 1783.
6Dec1769 – COUNTY LEVY: The Spotsylvania County Levy for 1769 included payment to
Davenport Kennedy for building and repairing East North East Bridge, £8/19/0.
(Spotsylvania County, VA, Court Orders 1768-1770, 85)
26Feb1770 - LAND DESCRIPTIONS IN A WILL: In making his Last Will & Testament on this
date, John Pettus divided the 970 acres he had received from the Executors of
Thomas Carr, Gentleman, Decd., in 1745. When Pettus had received the land, it had
adjoined the land “of one Garrett” which had been part of Martin Davenport’s
400-acre patent of 1727. Pettus’ Will included only specifications for surveys yet to
be made, not legal bounds. Those specifications were [verbatim as to items identifying
Kennedys and Davenports]:
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continue that course until there must be a corner made to strike Charles
Kennedy’s line below Little Rocky Creek or Davenport Kennedy’s line
on the said Creek, so as to include the aforesaid 250 acres, thence up the
said Creek as the line now runs to a corner of Richard Wright’s, and thence
along Wright’s line to the beginning.”
In 1745, the land adjoining Pettus southeast on the North Anna, in the
northwest corner of Hanover, had belonged to “one Garrett,” formerly Martin
Davenport. By 1770 the Hanover corner belonged to Charles Kennedy. St. Martin’s
Parish included the northern half of Hanover and the lower 2-3 miles of Louisa.
The parish line was three miles above the County Line on the North Anna, two
miles above at the Goochland County line on the South, being on a diagonal.
William, Jr., was back in Spotsylvania with assets sufficient to pay debts. His
father was still hiding out in Louisa.
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“John the Bankrupt” was not to be found in Spotsylvania, but he still had a
manor house and chattel there, some of which Floyd attached to satisfy his
judgment. John reclaimed the items by giving either a note or a bond, with
security, in return.
15Sep1770 - DEED: James Davenport, wife Frances [nee Jouett], of Hanover County,
to Richard Gilliam of St. Anne's Parish, Albemarle County, for £55, 312 acres in
Albemarle County on the east side of the Ragged Mountain, adjoining the land of James
Jones, the land formerly of Joseph Anthony, Stephen Hughes, the land formerly of
John Gibbs, on a branch of Biskett Run of Moore's Creek--being a patent to James
Davis 1Oct1747, who conveyed to said James Davenport on19Aug1754 ... /s/ James
Davenport, Frances Davenport. Wit: Nicholas Hamner, Charles Davenport,
Richard Davenport. Witnesses to payment: Nicholas Hamner, Charles
Davenport. (Albemarle County, VA, Deeds 5:220)
This was James of Martin, Sr., who had returned to Davenport Ford
plantation in Hanover. James was a Pamunkey. His witnesses were New
Kent/Hanovers and a stepson. The witnesses were Richard of County Line &
Albemarle (Richard, Jr., was still in his youth.). Charles was Richard’s second son.
Hamner was Richard’s stepson By the witnesses, the deed was made in Albemarle
County, possibly at Richard, Sr.’s plantation.
At first we thought that the New Kent/Hanover Davenports have been found
in but four record associations with the Pamunkey Davenports: (1) in 1744 when
Richard of County Line called William Davenport (of Martin, Sr.) of Louisa, as a
witness against Daniel McClaron ; (2) in 1769 when Charles Davenport joined
Henry Davenport and Thomas Davenport, Sr., (both of Thomas, Sr.) in witnessing
a deed in Cumberland County to William Davenport (of Thomas, Sr.); (3) in this
instance, and (4) in 1784, when Nicholas Hamner, stepson of Richard of County
Line & Albemarle bought the pay and claim of Martin Davenport, son of Henry,
who died in the Virginia Continental Line early in the Revolution.
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nephew of Richard of County Line& Albemarle, of Crotia Davenport Connor
Kennedy, and of Lucy Davenport Venable, we began to see that there was a
stronger records association between these two families than we previously
thought. Having married an unidentified daughter of Pamunkey William
Davenport, Sr., DK had many record associations with the Pamunkey Davenports
(see above). In fact, his records form the nexus of information through which we
see first, why his identification has hitherto proved so difficult, and second, how
entangled these two families really were. Davenport Kennedy had a carpentry
partnership with Pamunkey David Davenport, for example, in addition to his
marriage to William Sr.’s unidentified daughter.
In short, on paper Davenport Kennedy was a Kennedy. But in fact, his father
was a New Kent/Hanover Davenport (Joseph, brother of Richard of County Line
& Albemarle) -- and so was he.
12Dec1770 - DEED: John Smith, wife Betty, to Barnett Smith, all of Louisa County, for
£100/10/6, 130 acres in Louisa County on waters of the North Fork of Little Rocky
Creek, bounded by Charles Kennedy, Thomas Lipscomb, Decd., George
Lumsden, William Wash. Beginning in Charles Kennedy’s line, thence North East
to Lipscomb’s corner, thence to George Lumsden’s line, thence along said
Lumsden to William Wash thence along said Wash to the Creek, thence down the
Creek to the beginning… /s/ John Smith, Betty "X" Smith. Wit: William Pettus,
John Walton, Garret Minor. (Louisa County, VA, Deeds, D½ :283)
This appears to have been Richard, youngest “son” of “John the Bankrupt” (of
Martin, Sr.). His male descendents carry his father’s New Kent/Hanover DNA.
8Apr1771 – DEED: John Spencer, wife Rosanna, to James Dillard, of Hanover County,
for £120 Virginia, 413 acres partly in Hanover County and partly in Louisa County,
being the same land conveyed to Spencer by William Pettus on 14Sep1769.
Beginning at a corner to William Thompson on James Harris, thence North West to
Richard Davenport, thence with Davenport and David Smith South West to
David Smith’s, thence with Smith West to the Main Road to Elk Creek, thence North
West to the South Fork of Little Rocky Creek, another corner of David Smith’s, thence
up the said Creek to the mouth of the South branch of the Creek, thence up the said
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branch to John Hall on the bank of the branch, thence South East to John Hall, thence
South East to Robert Wheeler, thence North East to Wheeler’s corner in a bottom,
thence North East to the Main Road a little above the Mine Road, thence South East
to Wheeler on James Harris (now Edward Liveley), thence North East to the
beginning… /s/ John Spencer, Rosanna Spencer. Wit: Wm Pettus, John Smith,
Lawrence Young. (Louisa County, VA, Deeds, D½:286)
A constant frustration during this research and analysis project is the loss of
most records of Hanover County by fire in 1865, and the inconsistency of those who
listed or tax assessed tracts that lay astride the Hanover-Louisa Line. While
Richard of County Line & Albemarle’s land appeared frequently in Louisa deed
descriptions, at no time was the land tax assessed in that jurisdiction to Richard
Davenport. Because of records loss, we have to assume that Richard Davenport
was assessed in Hanover for those years the land was not taxed in Louisa.
After Davenport Kennedy’s death in 1782, his Estate was charged with 150
acres in Louisa and 100 acres in Hanover. When Richard of County Line &
Albemarle’s heirs conveyed the county line tract to Tarlton B. Luck’s heirs in 1796,
it contained 128 acres. Through 1800, it was listed as 150 acres in Louisa, and thru
1813 it was listed as 100 acres in Hanover and both phantom acreages were
assessed to the Davenport Kennedy Estate, which had long been settled.
--Jun1771 - LOUISA TITHABLES: Samuel Ragland’s List for St. Martin’s Parish:
By analysis of surveys and deeds, the 150 acres charged to Davenport Kennedy
belonged to Richard of County Line & Albemarle. Martin Davenport was the
second son of “John the Bankrupt” and apparently spent his life working for others
as an overseer or laborer in Louisa, Hanover, and Henrico Counties. He appears
to have died in Richmond, county seat of Henrico. Martin had no known male
descendants. The six tithes he listed likely included himself, his father, his older
brother William, Jr.(whose descendants carry the New Kent/Hanover DNA) his
younger brother John, and two others, possibly slaves. Why Davenport Kennedy
was not charged for at least for one tithe, namely himself, is subject to conjecture.
By this time, “John the Bankrupt” had lost his land, most of his slaves, and
virtually all his chattel. His sons, having no expectations from their father, were
beginning to scatter. Sons Jack Smith and Richard (whose descendants also bear
the New Kent/Hanover DNA) were in Charlotte County; Richard then went on to
Buckingham County. Son William, Jr. (also a carrier of the New Kent/Hanover
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DNA), still burdened with his father’s debts, was with his father in Louisa, as was
John, Jr., “John the Bankrupt’s” youngest son.
6Jul1771 – DEBTS OWED: Estate of John Pettus, late of Louisa County, Decd.
Inventory of Estate presented by William Pettus, executor, included the following
items:
BOOK DEBTS
Charles Kennedy, 5/
Davenport Kennedy, 25/
BONDS
William Davenport, 10/6
James Davenport, due 7Sep1767, £6/18
Davenport Kennedy, due 23Jul1769, £6/15
Book debts were running account balances for purchases made. Charles
Kennedy and Davenport Kennedy, on Richard’s land, were Pettus’ near neighbors.
William Davenport, Sr. lived on the Spotsylvania side of Davenport Ford, within a
mile of Pettus.. Bonds were loans to be paid on a given date. Both James
Davenport and Davenport Kennedy were in default when Pettus died. James
Davenport, youngest brother of William Sr., was back from Albemarle, where he
had an association with Richard of County Line & Albemarle and Richard’s son
Charles (and may also have been their neighbor for ten years). Now he was on the
Old Martin Davenport place on the Hanover side of Davenport Ford.
3Aug1771 – LAND PATENT: Nicholas Hamner, 350 acres in Albemarle County 0n both
sides of the South Fork of Hardware River, adjoining Robert Hamner and William
Hooper. For £1/15/0. (Virginia Patents, 40:629)
Hamner, stepson of Richard of County Line & Albemarle, had attained his
majority. Whether this was a new grant or a repatenting of the land devised him
by his deceased father is unclear. Hamner’s uncles apparently remained in close
contact with Nicholas while he was growing up. While he was sufficiently close to
Richard of County Line & Albemarle to be named one of Richard’s executors when
Richard died shortly thereafter, no Davenport was mentioned in Hamner’s will,
including his mother, and no Davenport was associated with his estate beyond
appearing as debtors or creditors. These exclusions strengthen our theory that in
1752 Elizabeth Benge Hamner was pressured by Hamner associates to relinquish
dower rights so that all of Robert Hamner’s assets could pass to his son Nicholas.
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Richard of County line Served
as Vestryman in St. Anne’s Parish
1772-1785 – VESTRYMEN: Among Vestrymen for St. Anne’s Parish, Albemarle County,
during these years named by Bishop Meade in 1857 were…Thomas Jefferson…Charles
Lewis…Nicholas Hamner, Richard Davenport…John Old… (Bishop Meade, Old
Churches, Ministers, and Families of Virginia, Vol. 2 (Philadelpha: J.B. Lippincot &
Co., 1857)
Meade listed Hamner and Davenport in the middle of the list. This indicates
that they served towards the middle of the time period towards the end, i.e., 1778-
1785, a period during which the Anglican church was disestablished from the
government and tithing support of the Church was no longer mandatory. An Old
bought Richard Davenport, Jr.’s plantation when Richard Jr. moved to Wilkes
County, Georgia.
--Jun1772 - LOUISA TITHABLES: Samuel Ragland’s List, St. Martin’s Parish, included:
“John the Bankrupt” was likely now living among his Smith in-laws, safely out
of reach of the Spotsylvania Sheriff. His household appears to have been the
household headed by the same Martin Davenport (John’s second son) who had
been charged with six tithes the previous year.
Charles Kennedy was charged for his second plantation and his tithes likely
included an overseer and two slaves.
Samuel Ragland, who throughout his score of years compiling the Tax Lists
for St. Martin’s Parish, Louisa, did not discriminate between Blacks and Whites,
reported only the Total Tithes: Black and White.
William Smith, unlike the Smiths of County Line, was an aristocrat and was
acting contrary to the wishes of the Wallers. They subsequently disavowed him,
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had the Court reverse Smith’s action, and continued Edmund Waller’s appeal of
the judgment that Richard of County Line & Albemarle had obtained earlier.
Venable descendants say that Lucy Venable was Lucy Davenport. Pamunkey
Davenports can find no place where Lucy fits, other than speculating that she was
one of the two daughters of the twelve daughters of Thomas Davenport, eldest son
of Martin, Sr., yet unidentified. This is a desperation fit. Thomas had moved to the
Blue Ridge in the late 1740s. The Graves family also claims a Lucy Davenport,
whom they identified as a daughter of Martin, Sr. Martin left two of his sons and
all of his daughters out of his will so no identification can be found there. The
Venables are unclear as to whether Lucy was the wife of Joseph, Sr. or Joseph, Jr.
It is the case, however, that Venables were involved with Richard of County Line &
Albemarle in the mid-1740s in Louisa records, and were near neighbors to Patrick
Kennedy in Spotsylvania County. As we have said before, we believe that Lucy
Davenport Venable was a sister of Richard of County Line & Albemarle’s.
This was the same Robert Huddleston, who as Jr., was the co-bondsman for
Patrick Kennedy in 1764 when Patrick came under a Peace Bond for stabbing
Thomas Graves.
For Kennedy researchers: This land adjoined land on the North Fork of the
South Fork of Mattaponi River in Spotsylvania. Grantee Dismukes appears
hereafter in record association with the Kennedys and/or Charles Kennedy’s land
in Spotsylvania. John Kennedy appears in records associated with the same
neighborhood, namely extreme southeastern Spotsylvania County near the
Caroline County line and just above the North Anna where Patrick Kennedy was
documented in 1749 and various years forward.
92
We remind that the New Kent/Hanover DNA has appeared in an Overton line
in the 21st Century, and that Richard of County Line & Albamarle was located
c1738-c1752 in the neighborhood on the Hanover/Louisa County Line that included
the Overtons on the west verge. Overton appears to have moved to Charlotte
County shortly hereafter.
8Mar1773 – SUING FOR FREEDOM: On motion of William Bowler, attorney, praying the
Court to admit Moses and Daniel, slaves to Charles Kennedy, to commence an
Action and Prosecution against said Kennedy, their Master, as paupers, the Court
being convinced that they [said Moses and Daniel] have probable cause to sue for their
freedom, leave granted to so proceed. The Master [Charles Kennedy] objected to
same because the matter was already under consideration in Hanover Court. The
Louisa Court overruled said Kennedy, and proceedings to continue. Kennedy
identified as living in Hanover County. (Louisa County, VA, Court Orders, 4:95)
Possibly these were the two slaves speculated for Kennedy from Samuel
Ragland’s tax lists for St. Martin’s Parish, Louisa. Kennedy easily eliminated the
Louisa Court’s intervention. He moved the slaves from his Louisa plantation to his
Hanover plantation where the Louisa Court had no jurisdiction. There is no
further mention of the matter in Louisa records.
Jun1773 - LOUISA TITHABLES: Samuel Ragland’s List, St. Martin’s Parish, included:
Davenport Kennedy and the 150 acres he was charged with in 1771 and 1772
disappeared from Samuel Ragland’s Lists this year and hereafter until 1782, the
year Kennedy died. Nor was Richard of County Line & Albemarle charged for the
land. The land tax apparently was reclaimed by Hanover. It’s possible that
Kennedy’s manor house was astride the County Line, and the tax man for St.
Martin’s Parish, Hanover, got there first. As we have discussed before, Richard
was taxed in Louisa County for the most part, indicating that the house on his land
was in Louisa County.
St. Martin’s in Louisa was divided into two parts for tithing purposes. Samuel
Ragland was responsible for the north half. He retained copies of all of his filings
with the Parish, which ultimately were recorded by the Louisa Clerk of Courts
office, where they were bound into a book and are available to the public.
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That 2-3 mile slice of the lower end of Louisa included in St. Martin’s Parish,
which otherwise included all of Hanover County in the Fork of the Pamunkey
River, and because of this, crucial genealogical records of the County Line
settlement have been blotted out forever. All of St. Martin’s Parish records of the
colonial years are lost.
6Nov1773 – SURVEY: Daniel Smith platted 100 acres in Albemarle County for John
Wilkinson & Company on some small branches of the South Fork of Hardware River,
adjoining Richard Davenport, James Hooper, Hill & Hooper, John Prince.
(Albemarle Surveys, 102)
Richard of County Line & Albemarle’s land was again used as a benchmark in
a land survey.
John Wilkinson was a prominent English iron maker of the capitalist class who
had several foundries, mills, and companies, all in England, and finding iron ore
was an ongoing mission in the Colonies at this time. This was possibly one of
Wilkerson’s ventures.
6Nov1773 – SURVEY: Daniel Smith platted 100 acres in Albemarle County for John
Wilkinson & Company on both sides of the North Fork of Hardware River, adjoining
Richard Woolfolk, Edward Carter, and Richard Davenport. (Albemarle Surveys,
103)
As above.
5Apr1774 – WITNESSES: Esther Kennedy and Cain Acuff witnessed the Last Will &
Testament of Richard Shackleford of Spotsylvania County, a brother of Ambrose
Shackleford. (Spotsylvania County, VA, Wills, E:78)
94
A John Kennedy had witnessed a deed for Patrick Kennedy’s bondsman in
1772. Acuff family genealogists say that Cain Acuff married Esther Kennedy, and
the couple moved to Henry County after the Revolution.
14Apr1774 – DEED: Richard Gilliam, wife Mary, to Thomas Jones, all of Albemarle
County, for £75, 312 acres in Albemarle County on the east side of the Ragged
Mountains, on branches of Biskett Run, a branch of Moore Creek, adjoining James
Jones (formerly Joseph Anthony) and Stephen Hughes (formerly John Gibbs), a
patent to James Davis dated 1Oct1747, who conveyed to Patrick Bishop and by Bishop
conveyed to James Davenport on 19Aug1754, and by Davenport conveyed to
Richard Gilliam by deed on 15Sep1770, who now convey to Thomas Jones… /s/
Richard Gilliam, [No wife signs]. Wit: Nicholas Hamner, James Jones, Reubin
White. (Albemarle County, VA, Deeds, 6:333)
Thomas Jones, the grantee, was married to Richard Davenport of County Line &
Albemarle’s daughter Mary and was, therefore, Richard’s son-in-law. Witness and
adjoining landowner James Jones shared a road survey order with Richard
Davenport, Jr., in 1783. Nicholas Hamner was Richard of County Line &
Albemarle’s stepson.
10Oct1774 - DEED: Barnett Smith, wife Jenny, to George Smith, all of Louisa County,
for £180, 133½ acres in Louisa County on the north fork of Little Rocky Creek,
adjoining Charles Kennedy, Thomas Lipscomb, Decd., Susanna Wash, George
Lumsden, and William Wash... /s/ Barnett Smith, Jenny "X" Smith. Wit: None.
Acknowledged in Court same day by Smith and wife. (Louisa County, VA, Deeds E:15)
95
Charles apparently died between 1830 and 1840, for we could find no evidence
of him or a surviving family in the Censuses after 1830—in Virginia or elsewhere.
Jun1775 - LOUISA TITHABLES: Samuel Ragland’s List, St. Martin’s Parish, included:
14Nov1775 – DEED: William Harris to William Fleming, both of Louisa County, for
£200, 226 acres in Louisa County on the east side of Rocky Creek. Beginning on the
Creek at the mouth of a branch and on John Pettus, thence South East to Charles
Kennedy and John Pettus, thence South West with Charles Kennedy, thence
South West to Thomas Wash, thence North West to Thomas Wash, thence on Thomas
Wash North West to the Creek, thence with the Creek to the beginning… /s/ William
“X” Harris. Wit: Waddy Thomson, Wm. Lipscomb, John Watson, Jos Dickens.
(Louisa County, VA, Deeds, E:71)
–Jun1776 - LOUISA TITHABLES: Samuel Ragland’s List, St. Martin’s Parish, included:
Charles Davenport
96
John Canady [Kennedy?]
Source: Hall, Jean Pickett (trans), “The Ten Thousand Name Petition,”
Magazine of Virginia Genealogy, Vol. 35, No. 2, Spring 1997—Vol. 38,
No. 4, November 2000, passim. Each extract group cited where found.
Whether the John Kennedy in Caroline was the same John Kennedy who
witnessed the Spotsylvania deed for land near Caroline is unknown. The
Davenports in Caroline were both sons of Richard, son of Davis, the Pamunkey
patriarch. Richard of Carolina died this year; his son David died the next. Brame
is believed to have been a son-in-law to Richard of Caroline, for he was close to
Richard and bought Richard’s plantation following his death.
Richard of County Line & Albemarle was a vestryman for St. Anne’s Parish,
the Anglican church for southern Albemarle County, before and after the
Revolution. As such, he and his sons were unlikely to have signed this petition. On
the other hand, Richard of County Line & Albemarle was not entirely a Loyalist,
for he signed Albemarle County’s Declaration of Independence along with Thomas
Jefferson (see below). Perhaps he had realized which way the winds were blowing.
Richard of County Line & Albemarle’s son Charles had committed himself to
the Independence cause, for his obvious political status as a Magistrate, Sheriff,
subsequently a Commissioner of Provisions, all in Culpeper County, would not
have occurred had he not taken the Oath of Allegiance to the Commonwealth.
Nothing irritated the preponderance of Colonial Virginians more than having to
97
support the Anglican Church, being forced by Law to attend, and having the
Church serve as an arm of the government.
–Jun1777 - LOUISA TITHABLES: Samuel Ragland’s List, St. Martin’s Parish, included:
-----1778 – BIRTH YEAR: Joseph Davenport, Jr., son of Joseph Davenport (of
Richard of County Line & Albemarle), born this year in Amherst County, Virginia.
(Deduced from Joseph’s given age of 72 in Census of 1850, enumerated in Appomattox
County, Virginia, Family No. 204)
This was the only land that Richard of County Line & Albemarle, now Richard
Sr., conveyed to a son during his lifetime. (The order of his six sons appears to have
been Joseph, Charles, John, Richard, Jr., Martin, William, and Martin, his natural
son.) As soon as the Revolution ended, Richard, Jr., sold out and moved to Wilkes
County, Georgia. He returned to Albemarle County around the time of his father’s
death in 1792, following a period of harassment in Wilkes County. Richard, Jr.
remained in Albemarle County until late in the first decade of the 19th Century,
when he moved to Amherst County, perhaps to be close to his son Richard III.
Richard III left for Kentucky, appearing in the records there in 1810, and mustered
into the military thereto serve in the War of 1812 (see below). After the war, he was
issued land in Missouri for his service during the War of 1812. This passed to his
98
son, William D. Davenport, in 1852.Richard III’s eldest son, Charles Lewis
Davenport, was dead before the census of 1850 so Richard III had to pass the land
to the next in line.
13Jul1778 – DEED: Thomas Wash, wife Mary, to George Lumsden, all of Louisa
County, for £450, 393 acres in Louisa County on Great Rocky Creek, adjoining William
Fleming, Hester, the Main Road, said Lumsden, George Smith, and Susanna Wash…
/s/ Thomas Wash, Mary “X” Wash. Wit: None. Acknowledged by said Wash and wife
in Court same day. (Louisa County, VA, Deeds, E:275)
We have few records prior to the Revolution concerning Charles, second son
of Richard, Sr., of County Line & Albemarle. Records of both Albemarle and
Culpeper are lost for the pre-Revolutionary years, but Charles obviously prospered
and advanced in social stature.When he appeared in extant records, namely in the
Commonwealth annals and the scraps of Culpeper records remaining mid-way
through the Revolution, he was a Magistrate, the Sheriff of Culpeper, and a
wealthy planter, having married an heiress.
7Dec1778 – SURVEY: A.S. Bryan platted 40 acres in Albemarle County for Richard
Davenport on waters of South Fork of Hardware River, adjoining Nicholas
Hamner, William Hitchcock, George Eubank. (Albemarle Surveys, 108)
This was surely Richard, Sr., taking up vacant land adjoining his stepson
Nicholas Hamner, among others.
Sarah apparently never married. She finished her life in the Amherst County
Poor House, possibly with a bastard daughter and two intellectually disabled
grandchildren, per Census of 1860.
99
18Jan1779 – PROBATE: Estate of Elizabeth Estes, late of Culpeper County, Decd. The
Inventory and Appraisal of the Decedent’s estate was returned by Edward Stevens,
Charles Davenport, and Edward Watkins. (Culpeper County, VA, Wills, B:334)
Charles had qualified as a man of means in Culpeper County at the time of the
Revolution, as had his father in Albemarle. Charles led his family in social
achievement, and little of what he accomplished has heretofore been recognized
and appreciated. Whether it was a matter of his marriage or of his own making,
Charles was upwardly mobile. He ranged as far south as Cumberland County--
where he witnessed a deed for one of the Pamunkey Davenports—and then to
Culpeper and King George Counties north and eastwards of Albemarle. He was a
Commissioner of Provisions for Culpeper County during the Revolution as well as
its Sheriff, qualifying as a freeholder by virtue of his wife’s land. After the
Revolution, the land still under entail, the tract was claimed by a nephew of his
wife’s deceased husband, requiring Charles to move his household elsewhere. He
elected to move to the South Carolina backcountry, then Ninety Six District, later
Abbeville District, where he was immediately appointed a Magistrate and Justice
of the Quorum.
This was Colonel Charles Lewis, commanding officer of the 14th Regiment of
Foot, Virginia Continental Line, 12Nov1776-28Mar1778. On 23Dec1778, Lewis
was designated a supernumerary with the Convention Guard Regiment, the
administrative and guard unit for the Prisoner of War camp for captured British
soldiers at Charlottesville. He died 5Mar1779. Prior to commanding the 14 th, Lewis
had served as Colonel of Augusta Militia, Lord Dunsmore’s War (Frontier), as
Captain of the Independent Company of Albemarle; as Lt. Colonel of the
Buckingham District Battalion (Counties of Buckingham, Amherst, Albemarle, and
Augusta); and as Colonel of the 2nd Battalion of Minute Men. He was in command
of the 14th at the bloody battles of Brandywine and Germantown.
Richard of County Line & Albemarle was called to serve as an appraiser and
to provide an inventory of Lewis’ estate. Ordinarily this task would go to a close
family member but we can find no such tie between Richard Davenport and
Charles Lewis (we remind: no one has yet satisfactorily proven that the family of
John Lewis of Totier Creek, aka “Planter John,” was in any way related to the
aristocratic family of Charles Lewis.) Perhaps this appointment reflects the esteem
in which Richard of County Line & Albemarle was held by his neighbors. No one
would give this job to an untrustworthy man.
100
John Harris Richard Davenport
Nicholas Lewis James Minor
Benjamin Harris Isham Lewis
R. Davenport, Jr. William Wingfield
Charles L[ilburn] Lewis Christopher Wingfield
John Lewis, Sr.
During the Revolution, Richard, Jr., was an officer in the Militia. Nicholas
Hamner was a Commissioner of Provisions. Richard of County Line & Albemarle
supplied the troops (chiefly oats). The American Prisoners of War camp for the
British was in Albemarle County. British officers who had been taken prisoner
stayed with the aristocracy on their plantations. Common soldiers—the
“Regulars”--under oath not to escape, were allowed out during the day and worked
at various jobs in Charlottesville or on surrounding plantations. Locals did guard
duty on militia status, but records were poorly kept.
Two of the names on this list are notable for their involvement in a horrible
1811 crime in Kentucky. Charles Lilburne Lewis and his brother Isham, whose
mother was Thomas Jefferson’s sister and whose father was Jefferson’s first
cousin, and whose uncle, therefore, was the President, committed a brutal ax
murder and dismemberment of one of Lilburne’s slaves. Lilburne swung the ax but
Isham was also indicted for murder. The brothers were relased on bail, committed
themselves to a suicide pact, but the plan may have failed when Isham’s gun went
off accidentally, killing Lilburne first. Isham, horrified, fled and disappeared from
the records after alleged sightings in New Orleans. Boyton Merrill’s incomparable
study of this crime—Jefferson’s Nephews: A Frontier Tragedy (1976,
Princeton: Princeton University Press)—is also a brilliant study of the colonial
Virginia Lewis family’s mental instability and declining fortunes.
20Jul1779 – DEED: James Dillard, wife Suckey, to William Woolfolk, of Hanover County,
for £600 Virginia, 214 acres in St. Martin’s Parish, Hanover County, beginning at a
former corner to William Thomson, formerly James Harris, thence North West to
Richard Davenport, thence along Davenport with David Smith South West to
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David Smith, thence with Smith West to the Main Road to Elk Creek, thence North
West to the South side of the South Fork of Little Rocky Creek, another corner of David
Smith, thence up the Creek to the mouth of the South branch, thence up the branch to
John Hall, thence to John Hall, thence South East to Robert Wheeler’s line, thence
North East to Wheeler’s corner in a Bottom, thence North East to the Main Road ,
thence South East Wheeler’s corner formerly James Harris’s, thence along Wheeler
North East to the beginning… /s/ James Dillard, Sucky Dillard. Wit: Wm. Pettus,
A. Woolfolk, John Ragland. (Louisa County, VA, Deeds, H:57)
The fact that this deed for land that was described as being in Hanover County
was recorded in Louisa County is evidence that the land was partly in Louisa
County. This fact is reinforced by the new survey of the Richard of County Line &
Albemarle’s land in 1796, identifying that tract as being in both counties. All of the
witnesses to the deed were Louisa residents. Richard of County Line & Albemarle’s
nephew, Davenport Kennedy, occupied Richard’s tract at this time and had
occupied that land for at least twenty years.
We pay careful attention to the location of land partly because land records
are some of the records that remain, of course, but also so that we can be sure of
idnetifications among neighbors and others who had contact with the New
Kent/Hanover Davenports in both the County Line and Albemarle neighborhoods.
This strict attention to location also allows us to understand Davenport Kennedy’s
relationship to Richard of County Line & Albemarle, to Richard’s brother Joseph,
and to Crotia Davenport Connor Kennedy. Richard and Crotia were Davenport’s
uncle and aunt, while Joseph was his natural father.
George Lumsden, £7
Captain William Pettus, £38
Charles Kennedy, 5 Shillings*
Dr. Robert Honeyman, Settled
This is the only record yet found relating to a Charles Kennedy, Jr., who left
Virginia for North Carolina, then Georgia, and later Alabama during the
Revolution. That this was Charles, Jr., and not his father is indicated by the small
102
amount of the debt and the fact that the debt was still unpaid eleven years later
when an accounting of Marshall’s immense estate was made.
This was William Jr., eldest “son” of “John the Bankrupt” and carrier of the
New Kent/Hanover DNA. Heretofore, William and his wife Elizabeth Rawlings,
widow Pulliam, had been living on the Pulliam plantation in Spotsylvania County
or among his Smith relatives in Louisa County. William Jr.’s domicile varied
according to the aggressiveness of his father’s creditors. Here, the brothers whose
descenants carry the New Kent/Hanover DNA (William Jr. and Richard) were
obviously establishing their own community.
Concurrent with this record, William Jr.’s father, “John the Bankrupt,”
disappeared from Louisa records.
103
These were the spinster Ann, sister of William Matthews, and her sister-in-law
Ann Aill Matthews Shackleford, widow of William Matthews and Richard
Shackleford, whose will was witnessed by Cain Acuff and Esther Kennedy.
This land adjoined Charles Kennedy’s tract. Fourteen months later, Charles
and Crotia Kennedy sold their tract to Ambrose Shackleford, brother of the
deceased Richard Shackleford. In 1786 William Aill was appointed guardian to
Betty Shackleford, orphan of Richard Shackleford, Decd. There was a Kennedy
connection in some regard.
6Mar1780 - ROAD ORDER: Jack Smith Davenport appointed surveyor of the road whereof
William Harvey was surveyor. Ordered that with he together with his own male laboring
tithables together with those of John Harvey, John Wheeler, John Hunter, James
Overton, John Clayton, Robert Jenning, Thomas Paullet, William Davenport,
Richard Davenport, Alexander Hunter, and Henry Clayton do clear and keep said road
in good repair... (Charlotte County, VA, Court Orders, 4:210)
John Wheeler and James Overton were from St. Martin’s Parish, Louisa
County, where they were associates of the Davenports, Kennedys, Pettuses and
Smiths. Both of the Davenports cited as road gang members were Overton’s
neighbors and carried the New Kent/Hanover DNA. Their brother Jack Smith, the
surveyor (overseer) of this road gang, was mortally wounded at the Battle of
Guilford Court House, 15Mar1851, left two sons who moved to Georgia. No male
descendants to test for DNA have been found.
26May1780 - DEED: John Christian, to William Gatewood, both of Amherst County, for
£750, 150 acres in Amherst County on branches of Rocky Run, adjoining Stovall’s
Road, William Dillard, Mixon’s Road, and Charles Christian ... /s/ John Christian.
Wit: Jos. Davenport, Thos. Penn, Chas. Christian, Jr. (Amherst County, VA, Deeds,
E:261)
Joseph, eldest son of Richard of County Line & Albemarle, settled in that part
of Albemarle that became Amherst County in 1761 and remained there until he
moved south along the Blue Ridge to Bedford County c1807. While he was a
slaveholder, no record has been found of his ever being a landowner in Amherst
during his almost fifty years of residence there.
Richard Davenport
100 bushels of Oats, £500
104
Richard of County Line & Albemarle supplied oats to the troops and would be
re-paid, although not at this exorbitant rate. The amount allowed reflected the
rampant inflation in Virginia currency in the latter months of 1780, not war
profiteering.
Witness Cain Acuff was married to Esther Kennedy, per Acuff Family Archives.
Witness Thomas Minor, a Revolutionary officer who served in the Continental
Line, State Troops, and Militia, and an adjoining neighbor to William Davenport
Sr. in Spotsylvania, was named a Trustee by Charles Kennedy in his will (1785),
and was named a Co-executor by William Davenport Sr. in his will (1795). Elisha
Dismukes was involved in some way with virtually all affairs requiring a legal
document occurring in this neighborhood.
25May1781 – DEED: James Dickson (as Dixon) to John Stapp, for £20 Old Trade, a
certain tract [acreage not given] in Bedford County, on both sides of the Main branch
of the South Fork of Beaver Creek and on the north side of the Long Mountain,
adjoining Campbell, the New London Road, and Top of the Mountain… /s/ Jas
Dickson. Wit: Vincent Stapp, Richard Davenport, William Harvey, Jr. (Bedford
County, VA, Deeds, 7:54)
This was Richard Davenport, “son” of “John the Bankrupt,” who carried the
New Kent/Hanover DNA, witnessing a Bedford deed. He and William Harvey, Jr.,
lived in Charlotte County.
–Jun1781 - LOUISA TITHABLES: Samuel Ragland’s List, St. Martin’s Parish, included:
This was Davenport Kennedy’s first appearance on Samuel Ragland’s List since
1772. Apparently no land was taxed this year, but Davenport Kennedy clearly had
his manor on the Louisa side of the County Line. The following year (see below)
Davenport Kennedy was charged for the same number of acres for which he been
charged in 1772, in addition to Tithables, Slaves, Horses, and Cattle. Davenport
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Kennedy’s tithables surely included himself, his son Joseph, (a nod to his father,
Joseph Davenport the Customer) and two apprentices or slaves. In probate, the
Feb1783 Inventory of Davenport Kennedy’s Estate included nine slaves.
2Nov1781 – DEED OF GIFT: David Richardson the Elder, of St. Paul’s Parish, Hanover
County, to son Dudley Richardson, of St. Martin’s Parish, Hanover County, gift, 120
acres and plantation in St. Martin’s Parish, Louisa County, beginning on Jerdone’s and
Pottie’s line, thence along Pottie to Hester on Rocky Creek, thence down Rocky Creek
to Hester’s Spring, thence with Hester to Lumsden’s line, thence with Lumsden
to Little Rocky Creek on Moss’s line, thence with Moss, crossing Rocky Creek, to
Jerdone’s line, thence to the beginning…. /s/ David Richardson. Wit: Thomas
Harden, Robt. Richardson, John Berryman Anderson. (Louisa County, VA, Deeds,
H:342)
This land was all in Louisa County on the headwaters of Little Rocky Creek
south of the Charles Kennedy, Davenport Kennedy/Richard Davenport County
Line lands. Hester had obtained his land from William Davenport. Jerdone was
the son of Francis Jerdone, the Hanover merchant who had paid Joseph
Davenport’s open account. George Pottie was a merchant in Louisa and
Spotsylvania and father-in-law to Francis Jerdone, Jr.
The record sheds no light on the identity of Moss but we note that Richard Jr.
and an Alexander Moss are named as co-defendants in a lawsuit in Wilkes County,
Georgia in the late 1780s. John Moss—Alexander’s father, per Moss family
searchers-- was awarded land in Wilkes County in 1784 as part of his
Revolutionary War service. For more on the Moss family, see records of 1791.
District No. 2
Henry Gambill, 1 White Tithe, 5 Slaves, 2 Horses, 9 Cattle
Thomas Jefferson, Esqr., 2 White Tithes, 129 Slaves, 28 Horses, 106 Cattle, 6
Wheeled Carriages
District No. 5
Richard Davenport, Jr., 1 White Tithe, 6 Slaves, 4 Horses, 10 Cattle
District No. 6
Richard Davenport [Sr.], 1 White Tithe, 13 Slaves, 7 Horses, 10 Cattle
Nicholas Hamner, 1 White Tithe, 5 Slaves, 5 Horses, 10 Cattle
106
Here began the taxing of Virginians for the support of the Commonwealth.
There were separate Tax Lists for Personal Property and for Land. The Personal
Property Tax List included the head tax, first using the Old British term of “Tithe,”
referring to support of the Established/Anglican Church required under Colonial
Law. After 1803 the term “Poll” was used, forming the genesis of the hated Poll Tax
employed to deprive African Americans of their votes. The procedure transitioned
from the Old Royal System where Magistrates assembled the Lists and took the
Tithables to a Commonwealth System wherein a County was divided in half and a
Tax Commissioner was appointed by the Commonwealth for each half. Originally
a part-time task, Tax Commissioner soon evolved into a fulltime public office. For
purposes here, the extensive data collected by the List Taker or Commissioner has
been collapsed into Tithes/Polls, Total Slaves, Total Horses, and in earlier years
Total Cattle. Further, Land Tax listings were consolidated with Personal Property
listings. The date employed for each year, namely 31Mar, is arbitrary.
Commissioners might spend the first six months of a given year in listing and
assessing Personal Property and Land, but he was required to identify each
assessment by date. If the precise date of assessment is required, recourse to the
original record is suggested.
Early tax lists tended to be incomplete and often appear to have been
capriciously assembled by county commissioners. The county commissioners
determined who would and who would not be taxed and what and how much
wealth would be listed. In later years, the Commonwealth took those decisions out
of local control and enforced rigid regulations for assessment and collection of
taxes.
The two Richard Davenports tax listed in Albemarle were father and son.
Richard, Sr., was Richard of County Line & Albemarle and the first documentable
Patriarch of the New Kent/Hanover Davenports. Henry Gambill had moved his
millwright business from Louisa to Albemarle County; his mother was a
Davenport, a daughter of Martin of Hanover; his wife was a Jouett, a daughter of
Matthew which made him a brother-in-law to James Davenport, son of Martin
who was associated with Richard, Sr. during his years in Albemarle. Henry and
sons appear frequently in Albemarle records after 1779. He will be noted several
times, thereafter ignored, for the Gambills had no record associations with the
New Kent/Hanovers of Southern Albemarle. Their associations were with their
Pamunkey Davenport cousins, principally in Charlottesville in Northern
Albemarle.
107
Joseph Davenport, 1 White Tithes, 7 Slaves, 3 Horses, 5 Cattle
This was Joseph, eldest son of Richard of County Line & Albemarle.
He owned slaves but may not have employed them for agricultural
purposes--if he was a planter, he rented the land, for he held no land
himself during his lifetime, per records searched. He may have found slave
ownership to be a good business venture and may have rented his slaves
out to neighbors, although no records of such lease agreements have been
found. Or he may have had a domestic staff of slaves. Over the course of
his lifetime, Joseph became sufficiently knowledgeable in tobacco culture:
planting, culture, picking and processing as to qualify as a Tobacco
Inspector, a public post of considerable economic power.
Consolidated Lists
Glover Davenport, 1 White Tithe, 1 White Male 16-21, 3 Horses, 5 Cattle
Joseph Davenport, 1 White Tithe, 1 White Male 16-21, 1 Horse
108
Burkett Davenport, a man who had no sons, was of the Tidewater
Davenports of the Northern Neck, was a merchant-aristocrat and a
familiar of George Washington. He was not related to the Pamunkeys or
New Kent/Hanovers.
109
With this record, we see that the Hanover and Louisa tax
commissioners had apparently reached agreement concerning Richard,
Sr.’s County Line tract. Davenport Kennedy, the occupant, was only
charged a Land tax on 100 acres in Hanover; in Louisa, he was charged
with 150 acres, his tithe, slaves, horses, and cattle (see next record).
This tax structure indicated that his manor house was in Louisa.
Since being purchased from Thomas Carr in the mid-1730s, the tract
had been conveyed and taxed as 150 acres. It was now on the
Commonwealth’s books as 250 acres. On resurvey in 1797, the tract was
listed as 128 acres, which appears to have been entered on the Land Book
as a separate entry with the old entries and acreages retained. The
Davenport Kennedy Estate was settled in 1797, but the Estate was still
being charged with land in Hanover for another ten years. When Louisa
took the old acreage off the books is unknown, for the tax records are lost
for a number of years after 1800. In 1800, the last year of extant early
records, the DK Estate was still being charged for 175 acres.
Consolidated List
Davenport Kennedy, 1 White Tithe, 9 Slaves, 2 Horses, 20 Cattle, 150 acres
Charles Kennedy, No White Tithes, 5 Slaves, 2 Horses, 19 Cattle, 175 acres
Colonel William Pettus, 1 White Tithe, 7 Slaves, 4 Horses, 23 Cattle, 225 acres
* Acreage from Land Tax Lists compiled for the Commonwealth simultaneously.
This caveat applies to all acreages cited with Personal Property, All counties.
Davenport Kennedy would die before the end of this year, leaving eight
orphans.
110
7May1782 - WAR CLAIMS: “Claims against the Public on Account of Horses and Other
Property Impressed or Taken for Public Service” presented to Hanover Court under
oath included:
Charles Kennedy
24May1781 – 3 bushels of Corn @ 2 Shillings a bushel,
certified by Reuben Straughan.
30Jun1781 – Pasturing 90 cattle and 11 horses,
certified by Anthony Foster.
22Oct1781 – 580 pounds of Beef @ 20 Shillings per hundred weight,
certified by John Thornton.
5Dec1781 – 1 barrel of Corn @ 10 Shillings, 100 weight of fodder,
certified by Captain Harry Stubblefield.
11May1782 - WAR CLAIMS: “Claims against the Public on Account of Horses and Other
Property Impressed or Taken for Public Service” presented to Albemarle Court under
oath included:
Richard Davenport
100 bushels of Oats taken by Commissioner of Provision Laws for State Use, £6/5;
675 pounds of Beef taken for Continental Use, £5/12/6.
Script was given in payment for provisions during the Revolution and was
essentially “Notes Payable” that would come due after the War.
The grossly inflated £500 in script received by Richard for 100 bushels of Oats
in 1780, was redeemed post-war at the deflated amount of £6/5. Considering the
amount of oats and beef impressed, the claimant was likely Richard of County Line
& Albemarle and not his son, Richard, Jr.
13Aug1782 – WITNESSES: Leonard Young, Rice Vass, and Molly Kennedy (as
Kenniday) witnessed the deed of George Stubblefield and wife Sally to Clayton
Coleman, all of Spotsylvania County, for 80 acres in Spotsylvania County.
(Spotsylvania County, VA, Deeds, K:?, from Crozier’s Abstracts, 368)
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Coincidentally, Patrick Kennedy witnessed the deed of Mark Wheeler for land
in the same neighborhood in 1749, and Esther Kennedy witnessed a will made
nearby in 1774.
We have earlier proposed that Molly Kennedy may have been a daughter of
Patrick Kennedy. (See p. 34)
16Aug1782 – ABATEMENT: The matter of Waller vs. Davenport in Case was struck
from the Docket by abatement, both parties being dead. (Spotsylvania County, VA,
Minute Book 1774-1782, npn = No Page Number)
This was the dispute between Richard of County Line & Albemarle and Waller,
last on the Court docket in 1772 when the Wallers disavowed an acceptance of a
judgment Richard had obtained against Edmund Waller, and renewed an appeal.
The judgment was for £9/10/½ with interest going back to 1757.
The appeal had been lost in the turmoil of affairs and more important court
business up to and during the Revolution, but was still on the Court’s docket. This
was an action to get the deadwood out so the Court could get back to current cases.
Edmund Waller had died in 1772, per Spotsylvania records, but Richard of County
Line & Albemarle was still alive in Albemarle County. He heard of this abatement,
wanted the judgment he had been awarded, and reinstituted the suit.
A Mest or West Davenport had appeared on the New Kent Quit Rent Rolls of
1704. A William Davenport’s headright was used in 1713 to pay in part for a patent
of land in New Kent (Hanover County in 1720).
In this family, we never find a male name other than William, one after
another. In Hanover, they were settled in or near Cold Harbor (site of a bloody
Civil War battle in 1864) on Chickahominy waters near the Henrico line. William
was addressed as "Mr." in surviving 18th Century records, indicating that he was
a merchant or manufacturer of good repute. All of their recorded weddings were
female. Whether this family had or were of New Kent/Hanover connections has
not been researched. No other Davenport associations with these Williams have
been found.
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Davenport Kennedy Dead
As we work through the records below, we will find that ample evidence exists
to strongly suggest that Mary, widow of Kennedy, was not the mother of his eight
children.
14Nov1782 – SUPPLIES FOR ARMY: John Robertson, a collector of provisions for the Army,
reported that Mr. William Davenport, of New Kent County, had agreed to deliver
ten beeves and 200 gallons of brandy…. (Calendar of State Papers, 3:370)
This was the same William Davenport who appeared in the Draft
Classification item earlier (see above). The fact that he was identified as a “Mister”
was significant. English social stratification was still present among the
Virginians. A “Mister” was a successful merchant or manufacturer, a provider of
goods and services deserving of respect.
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17Nov1782 - PROBATE: Estate of Davenport Kennedy, late of Louisa County, Decd.
Ordered that Colonel William Pettus, Captain George Lumsden, John Smith,
and Barnett Smith, or any three, do appraise the Slaves, if any, and personal estate
of Davenport Kennedy, Decd., and report their proceedings to the next Court.
(Louisa County, VA, Court Orders, 5:111)
It was still Revolutionary War times and military titles remained fashionable.
The appraisers were neighbors all, either adjoined the Richard Davenport County
Line tract or were close by. By Virginia custom, a relative (or, lacking a relative,
a close friend) was appointed to be one of the appraisers of a decedent’s estate.
Colonel William Pettus may have been such for this appraisal. He was related, by
his Graves wife, to William Davenport, estate bondsman, who per hypothesis in
place, was a grandfather to Davenport Kennedy’s orphans. Susannah Graves
Pettus, wife of Colonel Pettus, was a first cousin to William Davenport. Susannah’s
mother was Ann Davenport, wife of Thomas Graves and only known daughter of
Davis Davenport, the Pamunkey patriarch. Both Pamunkey and New
Kent/Hanover Davenports and Kennedys would be involved with the Davenport
Kennedy Estate and orphans before the Estate was finally settled in 1797.
14Jan1783 – LAST WILL & TESTAMENT: Charles Kennedy of Hanover County. (Copied
verbatim, edited for punctuation.)
In the name of God, Amen, I Charles Kennedy of the County of Hanover and
being in perfect health and memory do make and ordain this my last will and
Testament in manner and form following:
Item – I lend my Loving wife [unnamed] during her natural life my Track [tract] of
Land lying in Louisa County; also the following Negroes, To wit: Daniel, O. Harry,
Phyllis, Sylva, and Easter; also Two Feather Beds, Ten head of cattle, fifteen head of
Hogs, seven sheep, Two Horses, Two work Steers, a Cart and wheels, Four pewter
Basins, Three dishes, six plates, Two iron pots, and what Earthware may be
necessary; also an equal part of Tobacco, corn, fodder, Wheat, meat, Cider, Brandy,
Butter, pots, Tubs, Pails, and what other necessaries she may want, and I do declare
it to be my will that in case my wife Marries, she shall then give security to my
Executors to prevent the Negroes lent to her, as well as the other part of my Estate
lent to her, from being conveyed away or being rendered useless to my Children after
her death.
Item – It is my will that the rest of my Negroes not lent to my wife and not hereafter
given away, shall be valued by Three Disinterested persons and divided in the
following manner: The highest priz’d [priced] Negroes and the Lowest [priced] to
be Lotted Together, in Lots as nigh as may be, and what differences there may be to
114
be made equal out of the rest of my estate, my sons are to receive one fourth part
each more than my daughters.
Item – I give and Bequeath unto my Granddaughters Crosha and Polly Wash,
daughters of my daughter Anee, one Negro girl named Lucy, and her Increase. But
in case either of them should die before they come of age or marries, it is my will in
that case, that their part shall be equally divided between my grandsons James
Wash and his next younger brother, and in case they should both die before they
arrive to age or marries, that their part shall revert to my Estate and be divided as
above.
Item – I give and bequeath unto my sons Martin Kennedy and Fields Kennedy,
The Track [tract] of Land whereon I now live, to be equally divided between them,
and in case either of them should die before they come to age or marries, Then their
part to go to my son William, to him and his heirs forever. I is also my Will that
my son William shall live on my said Land in order to school and Instruct my sons
Martin and Fields.
Item – It is my will that the profits of my Still shall be equally divided Between my
sons William, Martin, and Fields [un] till my said son Fields shall arrive to age.
Then, I give the said Still to my son Fields. It is my will that they shall Distill what
liquor my wife makes to be free.
Item – It is my will that the Negroes, stock, and Household Furniture Lent to my
wife shall after her death be equally divided amongst all my children in the manner
before directed.
Item – It is my will that as all my children, except Fields, have received their
Educations (out of my Estate) and he has not received the same, It is my will that
my Executors shall see that he shall be well Educated and the charge to come out of
my Estate.
Item – It is my will that when my son Fields shall arrive at the age of sixteen years,
that my Executors shall then purchase for a him a Horse of the value of Fifteen
pounds out of my Estate.
Item – It is my will that in case any of my Children should die without Lawful Issue,
then their parts (Except what part such Child’s widow will have a right to during her
natural life) shall be equally divided amongst all my surviving Children and their
Legal representatives.
Item – It is my will that all the rest of my estate, not heretofore given away, be sold
and the money to be equally divided as above Directed, to wit: My sons to receive
one fourth part each more than my Daughters.
Item - I appoint my friends Collo [Colonel] William Pettus and Thomas Minor
Trustees to insure my Will Executed agreeable to my desire.
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Item – I appoint and constitute my Loving wife Executrix and my sons William
Kennedy and James Kennedy and my son-in-law William Wash Executors of
this my last will and Testament. In Witness whereof I have hereunto set my hand
and seal this Fourteenth day of January 1783,
Source: The Will was probated in Hanover County, the record being lost
when Hanover records were burned in Richmond in 1865. This
transcription is from a copy found in Louisa County, VA, Chancery
Causes, 1812-1822, in re Kennedy et al vs. Kennedy, also a copy to be
found in regards to Kennedy vs. Wash. Original will to be found as RG
35, Library of Virginia, Burned Counties Collection, Hanover County.
This will was probated on 4Nov1784. The unnamed widow was identified in
that action as Croshe Kennedy. At least two sons, namely Garrett Kennedy and
Charles, Jr., who went elsewhere during the Revolution, and one or more
daughters, were not named in the will except collectively. Witnesses James
Davenport and William Davenport, both associates of the New Kent/Hanover
Davenports from 1744 forward, were next door neighbors. James adjoined
Charles, Sr. on the East; William was on the opposite bank (north) of North Anna.
Witness Thomas Minor’s land adjoined William Davenport downriver in
Spotsylvania. Barnett Arnold was a member of the County Line community on the
Louisa side.
13Feb1783 – ROAD ORDER: Ordered that John Henderson, Jr., James Jones, Jeremiah
Hamner, and Richard Davenport, Jr., or any three of them, do view the way from
the Old’s Forge to Charlottesville, and make a report the Next Court the most
convenient way for a road. (Albemarle County, VA, Road Orders, 1783-1785, 2)
116
One Negro Man 2 Old Saddles, £1 7 Working Stands,
named David, 1 Whip Saw, £1/10 £1/8
£77 1 Cross Cut Saw, Water Vessels, 15/
One Negro Man £1/10 696# of Cotton in
named Cuff, £65 1 Set of Cart Boxes, Seed @ 4p per
One Negro Man /10 Peck, £11/12
named Henry, 2 Sets of Harness & 28 Bushels of
£30 Traces, /10 Wheat @ /3 per
1 White Horse, £15 4 Axes, /10 bushel, £4/4
1 Dunn Horse, £18 2 Grubbing Hoes, 50 Barrels of Corn
1 Yoke of Steers, /10 @ /12 per
£40 1 Scythe & Cradle, bushel, £25
1 Yoke of Bulls, /6 610# of Bacon @
£7/10 1 Pair Wedges, /10 5p per pound,
1 Yoke of Steers, £7 1 Sheep Shears, /1 £12/4/2
2 Cows, £7 8 Old Hoes, /16 A parcel of Books,
2 Ditto, £5 3 Plows, 3 Single £1
1 Cow, £2/10 Trees for 2 Ox Bottles, Vials,
3 Heifers, £4 Yokes, £2 Tumblers, etc,
1 Bull, £1/10 ½ Dozen Earthen 12/6
5 Yearlings, £4 Plates, /6 1 Spice Mortar &
2633 feet of Plank ½ Dozen Pewter Box Irons, /13
at 50/ per M, Plates, £1 1 Jug, 2 Bottles,
£6/10/8 11 Dishes, £1/5 Pots, 7/6
10 Head of Sheep, 5 Dishes, £1/10 1 Loom, £1/16
£4 4 Basons & 7 2 Chests, 1 Box,
1 Sow & 20 Shoats, Spoons, £1 £1/10
£8 Parcel of Knives & 3 Tables, /15
4 Sows & 3 Shoats, Forks, 7/6 2 Pots, Dutch Over,
£5 1 Ox Chain, 7/6 Rack, £3
22 head of Geese, 9 Small Casks, /20 1 Pair Scissors,
£1/7/6 1 Grindstone, /12 Snuffers, /2
5 Beds & furniture, 2 Bee Hives, /12 Iron Tongs, Frying
/15 2 Cow Bells, /10 Pan Handle, /5
3 Old Spinning 1 Chest with Tools, 1 Cow Hide, /15
Wheels, /15 £10 Total Amount,
1 Flax Wheel & 1 Dinner Bell & £772/18/4
Hackle, /10 Skillets, 7/6
3 Pair Old Cards, 1 Old Frying Pan,
/12 2/6
7 Sides of Leather, 3 Chairs, /18
£7 1 Ox Carts, £4
117
wheat and a producer of bacon. (Note the quantities of those crops and meats held
at the time of his death and the lack of items related to tobacco cultivation,
harvesting, and processing.) His cotton crop had been sold, for only the seed for
the next crop remained. This was before the invention of the cotton gin, so the seeds
had been hand extracted, a slow laborious task, with the cotton retained for home
processing having been carded, spun, and woven into cloth. Tools for doing so
appear in this inventory. The gender of the slaves within the estate--
predominantly female--reflects the principal work done on the plantation.
Various evidences deny that Davenport was the eldest son and heir-at-law
of Charles Kennedy as long proclaimed by 20th century Davenport genealogists.
To wit: When Charles himself died in 1784, there was no evidence of a distribution
from his Estate, which was probated in Hanover County (hence lost to the burned
records). The Davenport Kennedy Estate was probated in Louisa with virtually
all records extant, none mentioning or documenting land claims or receipts from
or to Charles Kennedy’s estate. The Davenport Kennedy Estate remained open for
at least fifteen years. Charles Kennedy’s estate appears to have been open in
Hanover for at least twenty-five years–as long the Widow Crosha lived, with
lawsuits among the heirs thereafter.
Why had Davenport Kennedy's children been boarded for four years? Where
and what had Mary been doing? What mother boarded her children when she had
the assets of an estate such as Davenport Kennedy’s inventory demonstrated? His
accumulation of wealth did not reflect an abandoned household or one managed
by an overseer. Or does this record reflect Mary’s plans to put the children out to
board for four years to come, as we suspect it does?
Neither the fore or aft action makes sense unless Mary was not the mother of
Davenport Kenndy’s children but was, instead, a second wife. Likely she had
married widower Davenport Kennedy on a contract basis but had not
contemplated his early death nor being left with responsibilities (eight children!)
beyond her capacity.
Once the Court took the administration and guardianship of the children from
Mary, and Richard f County Line & Albemarle dispossessed her and the Orphans
of his plantation—which dispossession may well have been just Mary and not the
Orphans, as evidence exists that they continued on the County Line tract (see
below)—and after four years had passed, she would become isolated. There were
no mentions of the Orphans in her probate affairs and records. And once the
Court-appointed auditors of the Estate had reclaimed the large part of the assets
that Mary had bought, but not paid for, at the Estate Sale, the Court and the
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Orphans had no further relations with her. She died while the Estate was being
reclaimed for the benefit of the orphans.
Richard, Sr., was Richard of County Line & Albemarle, the New
Kent/Hanover Davenport patriarch. Richard, Jr., was his son. John, son
of Richard Sr., who appears to have been in Culpeper with his brother
Charles during the Revolution, was apparently occupying one of his
father’s several Albemarle plantations. Garrett Kennedy was the eldest
son of Crotia Davenport Connor Kennedy of Louisa (either adopted by
Charles Kennedy or using the Kennedy name as his own legal name),
making his first appearance in Virginia records—he would shortly move
to Spotsylvania County and marry Delphia, youngest daughter of William
Davenport, Sr.. Nicholas Hamner was Richard Davenport, Sr.’s stepson.
Henry Gambill [Jr.] had grown up as an adjoining neighbor to Richard,
Sr., then living on his County Line tract. Gambill was a millwright and
builder in Albemarle, although his disastrous failure in rebuilding the
Albemarle Court House surely affected his prospects, possibly recouped by
keeping a tavern in Charlottesville. The Gambills had few, if any, record
associations with the New Kent/Hanover Davenports in Albemarle, will
not be cited further.
Joseph has not been found in any records associations with his father
except for Richard, Sr.’s 1792 Last Will & Testament, wherein his father
identified Joseph first among sons and devised him a generous portion of
the estate. Joseph appears in Amherst records for the next twenty-three
years, did not take title to land there, was a renter if a planter, was a
tobacco inspector, and witnessed deeds. He may have had as many as
eleven sons.
119
31Mar1783 - PERSONAL PROPERTY TAX LISTS filed with Commonwealth: Bedford
County
Consolidated Lists
William Davenport, 1 White Tithe, 1 Horse
Joseph Davenport, 1 White Tithe, 1 White Male 16-21, 6 Cattle
Source: Bedford State Property Tax Lists.
31Mar1783 - PERSONAL PROPERTY TAX LISTS filed with Commonwealth: Louisa County
Consolidated List
Charles Kennedy, No White Tithe, 8 Slaves, 21 Cattle
Mary Kennedy, 1 White Tithe, 13 Slaves, 2 Horses, 14 Cattle
120
Mary Kennedy, maiden name unknown [we suspect she was an
Edwards], was the second wife and widow of Davenport Kennedy and
here was listed with his taxable estate. Evidence would emerge later that
Mary was doing a miserable job of managing Davenport Kennedy’s
plantation and administrating his estate. The Land Tax List for the year is
lost.
Charles Kennedy had written his will and would die in 1785. He was
prospering. He was assessed for 28 slaves on his two plantations, up from
23 the previous year. His cattle count showed a loss of 9, but cattle were
considerably less valuable than slaves.
–Jun1783 - LOUISA TITHABLES: Samuel Ragland’s List, St. Martin’s Parish, included:
With the advent of the State taxes on Personal Property and Land, and the
separation of the Anglican Church from government, Samuel Ragland’s annual
listing of taxables became obsolete. Still, he continued to make his list for a few
years past the Revolution’s end. Ragland counted only people, not estates.
2Jun1783 - WAR CLAIMS: “Claims against the Public on Account of Horses and Other
Property Impressed or Taken for Public Service” presented to Amherst Court under
oath included:
This was Joseph Davenport, son of Richardof County Line & Albemarle. He
sold his claim to Penn, likely at a discount.
Joseph’s major contributions to the Revolution were the lives of three of his
sons, Achilles, Edmund, and John, all of whom died as soldiers in the Virginia
Continental Line. A third son, William, served in the Southern Campaign where
he became ill, requiring Joseph to go to the Carolinas and bring him home.
121
This involved Richard, Jr., who had not yet gone to Georgia. The fact that
Richard was listed after Hamner indicates that he was not Richard, Sr., for Court
procedures named appointees according to their social status. Nicholas Hamner,
stepson, would never have been listed before his stepfather.
30Jul1783 - PAY SETTLEMENT: Nicholas Hamner received £5/17/4, the pay due for
Martin Davenport’s service during the Revolution. (A List of Soldiers of the
Virginia Line on Continental Establishment who have received Certificates for their
full pay Agreeable to an Act of Assembly passed November Session 1781. Martin
Davenport File, #35762852, #37519752, National Archives)
The nature of the dispute is unclear but the fact that Richard Davenport and
David Morris both served as appraisers of Alexander Fitzpatrick’s Estate in June of
1783 and the suit must have been brought subsequent to that to be dismissed by the
August court, we suspect this record reflects Richard Jr.’s tendency to go to court to
resolve his issues, of which we will see much more during his time in Wilkes County,
Georgia. That tenure will begin in 1784.
The court did not approve of Richard Jr.’s suit and assigned costs to him. He
had other business in the August court, as the next two records show:
122
Whether Pamunkey or New Kent/Hanover, Davenports and their kin had their
weaknesses, fell afoul of the Law in minor regards—inebriation, selling liquor
without a license, misconduct in court, and gambling among other misdemeanors.
Richard Jr. had criminal charges made against him during his time in Wilkes
County. Georgia (see below). These culprits were either a set of Seniors or Juniors,
or a mixture thereof, but they are most probably Juniors. Constables rarely
bothered gentlemen, but sons were fair play. Whether Gambill and Davenport
were in the same game when apprehended is not given in the Court record, but
likely they were caught up in the same sweep.
Again, this likely was Richard Davenport, Jr., who would shortly move to
Georgia, and his brother John, who would move to Richard, Sr.’s County Line land
in 1786. At this Court session, Richard Davenport, Jr., had been a plaintiff, a juror,
and had also been tried for a misdemeanor. Richard, Jr., preceded John in the list
because he was a freeholder in his own right. John was not a freeholder but lived
on his father’s property.
Richard, Sr.’s (of County Line & Albemarle) second tithe was likely his
son Martin. Son William was not yet 16 years old, the age that tithing
assessments began.
123
Patrick Henry in his youth or with his father, the Rev. John Patrick Henry,
vicar of St. Paul’s Parish, from which St. Martin’s was erected in 1728. The
Henrys lived at Hanover Town, below the Fork of the Pamunkey.
No Davenports Listed
Charles was the second son of Richard of County Line & Albemarle.
He had married well, but appears to have had social problems with the
Virginia aristocracy after the Revolution. He rectified these by moving to
the South Carolina backcountry, where he was immediately appointed a
Justice of the Quorum and likely helped set the social scene.
124
opportunity. Whatever, the arrangement benefited both Davenport and
South Carolina.
7th Precinct
Dabney Miller, William Miller, Joseph Kennedy, 3 White Tithes, 17 Slaves, 4
Horses, 15 Cattle
Joseph Kennedy was the third child and eldest son of Davenport
Kennedy, Decd., of Louisa County. This was his only appearance on the
Henrico Tax Lists. Listing order defined status in 18th Century Virginia.
Since he was listed third, Joseph was the low man on the totem pole.
Dabney Miller was the Master, William Miller was likely his son. Joseph
Kennedy was either an apprentice or a servant. He was at least 26 years
old.
31Mar1784 - PERSONAL PROPERTY TAX LISTS filed with Commonwealth: Louisa County
Consolidated List
Charles Kennedy, No White Tithes, 4 Slaves, 2 Horses, 7 Cattle
Mary Kennedy, No White Tithes, 12 Slaves, 3 Horses, 16 Cattle
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Kennedy on the County Line tract (Richard of County Line & Albemarle’s
tract, where Richard’s nephew Davenport Kennedy lived for more than 23
years). The 7 remaining Orphans had been boarded out—and would not
have reached the age of 16, when they would be taxed. It’s possible that
Joseph had been apprenticed out, for he was listed on a Henrico County
plantation personal property tax list, charged to Dabney Miller.
Richard Jr. moved to Georgia shortly hereafter, but remained there for no
more than eight years and returned to Albemarle when his father died in 1792—
and after his land was sold to re-pay debts (see below).
At the time of this record, Garrett Kennedy was surely in his early 40s and
should have had some role in the Revolution, but no record of such has been found.
He did not appear among the Hanover/Louisa Kennedys until after his father’s
death. Obviously, there had been alienation. The fact that Garret married a
daughter of William Davenport, Sr., and lived with her in the Davenport
community in Southern Spotsylvania for several years before moving to Louisa
suggests that any alienation was not with the Pamunkeys. Instead, Garrett
Kennedy may have become alienated from his adoptive father—Charles Kennedy—
whom his mother married when he was still an infant. Garrett Kennedy had no
beef with other members of the family and subsequently proved his claim to family
126
membership by making the three eldest sons of three of his Kennedy half-brothers
heirs to his lands, in equal shares.
Jun1784 – LOUISA TITHABLES: Samuel Ragland’s List, St. Martin’s Parish, Louisa County,
included
Ragland’s Tax Lists were redundant to those now taken annually for the
Common-wealth’s taxing purposes, ceased after this year.
This was likely a suit by Charles Kennedy to collect a debt. Davenport Kennedy
was dead, and none of Charles Kennedy’s identified sons yet had a records identity,
although at least two served in the Continental Line during the Revolution.
29Jun1784 - DEED: Nathaniel Thompson to John Street, both of St. Paul’s Parish,
Hanover County for £92, 50 acres in Hanover County on waters of Matedequin Creek,
adjoining Paul Thilman, north side of the Mill Pond, John Turner, John McDougle,
and the Main Road ... /s/ Nathl Thompson. Wit: John Garland, William
Davenport, Solomon Walker. (Hanover County, VA, Deeds 1783-1792, 36-37)
James Overton was of a family that was closely associated with the Pamunkey
Davenports of St. Martins Parish, Louisa-Hanover County. Whether the presence
of Jack Smith, William, and Richard Davenport, sons of John the Bankrupt of St.
Martin’s Parish, Louisa County, in the same Charlotte neighborhood beginning in
the mid-1770s concurrent with Overton’s appearance there was coincidental is a
matter for investigation. Both William and Richard Davenport carried the New
127
Kent/Hanover DNA and that DNA ended up in the Overton family, per 21st Century
DNA testing.
Witness John Davenport was a son of Richard of County Line & Albemarle. In
1786 he would move to his father’s plantation astride the Hanover-Louisa Line,
succeeding Mary Kennedy, Widow of Davenport Kennedy. Davenport Kennedy’s
children were being boarded elsewhere.
11Nov1784 – DEED PROOF: A deed from Richard Davenport, Jr., and Jenney, his
wife, to James Old was partially proved by the oath of John Old, one of the witnesses
thereto. (Albemarle County, VA, Court Orders, 1783-1785, 268)
Richard, Jr. had already departed for Georgia. It took two witnesses to prove
the deed. Until the second witness had done so under oath, the deed remained
unrecorded. And Richard, Jr. was not in Albemarle to sign the document. “Jenney”
was Jane Lewis, daughter of John Lewis, whose land was on Totier Creek in
Albemarle County.
12Nov1784 – CONTINUANCE: The attachment obtained by Carter & Trent vs. Richard
Davenport in Debt continued to next Court. (Albemarle County, VA, Court Orders,
1783-1785, 304)
This could have been Richard, Sr., or Jr. The Court would take no notice of
Junior’s having gone to Georgia until the case was before it. Given Richard Jr.’s
history in the upcoming years, we suspect this was Richard Jr.
128
12Nov1784 – CONTINUANCE: The presentments of the Grand Jury against Henry
Gambill, Richard Davenport, and others continued to next Court. (Albemarle
County, VA, Court Orders, 1783-1785, 316)
20Nov1784 – LAND SURVEY: Richard, Jr., 200 acres. Watercourse: Fishing Creek.
(Headright and Lottery Loose Plat File, Georgia Surveyor General, RG 3-3-26,
Georgia State Archives.)
Richard, Jr.’s land survey was recorded. In 1784, land in Wilkes County was
available through a land lottery. Since his survey recorded 200 acres, we know
that he arrived in Georgia with three other individuals, each of whom would have
entitled him to an additional 50 acre headright after the 50 acre headright he
earned for himself. One headright would have been earned for his wife. The other
two were most likely for his younger brothers William and Martin. William will
have one known record in Wilkes County (see below) but Martin does not appear
in extant records for the county.
Unlike the seven other “first counties” of Georgia, which were created from
existing parishes, Wilkes County was created by way of an agreement with the
Creek and Indian nations—“That accordingly, in the course of the negotiations, it
was stipulated on the part of the two Nations of Indians to give up, cede and
relinquish to the said Government and Province all the land lying between Little
and Broad Rivers on the Savannah and north of Ogeechee, and that in
consideraion thereof the said Government aforesaid took upon itself to pay and
discharge the debts then due and owing by the Indians of both the traders
principally resident in South Carolina and Georgia; and this was the basis, the
terms and conditions of the treaty, which was signed and exchanged at the time
between the parties”(extracted from Bonds, Bills of Sale and Deeds of Gift, Book
D, 1792-1813, pages 224-229—which book is in the Department of Archives and
history of the State, a certificate given by Hon. George Walton on Nov. 13, ??00,
in connection with the claim of George Galphin, one of the Indian traders whose
accounts against the Indians were to have been paid out of the funds arising from
the sale of the Ceded Lands. In Davidson’s Early Records of Georgia, p.2).
This agreement took place prior to the Revolution and invitiations were
extended to the “people of the middle provinces” [ie, Virginia, North Carolina, et.
al.] to come and settle the region. All such activity was arrested by the Revolution
and resumed again in 1777, when Wilkes County is said to have been formed.
Wilkes was named for British politician and supporter of American independence
John Wilkes
129
Richard, Jr’s emigration to Wilkes County, GA was recorded in Albemarle
County: Giving Some Account of What It Was By Nature, and etc. (see below)
John Hamner was a cousin of Nicholas Hamner, son of the widow Elizabeth
Benge Hamner who married Richard of County Line and Albemarle. John
Davenport was a Pamunkey, son of James of Martin. We take no further
interest in him.
Richard Jr.’s decision to emigrate to what had been Indian land will begin a
horrible downward spiral. While in Wilkes County, he will be harassed, will be
falsely imprisoned, will be sued and will bring suit. He will eventually lose his
land and be driven from the county.
13Jan1785 – MORTGAGE: Samuel O. Pettus to John Boswell, both of Louisa County, for 6
shillings and to secure the payment of £47 by said Pettus to said Boswell, 250 acres in
Louisa County adjoining Davenport Kennedy, Decd., Benjamin Spicer, Nathaniel
Dickinson, Samuel Newton, Thomas W. Pettus, William O. Pettus, and John W. Pettus,
said land to be returned if said Samuel O. Pettus pays the said Boswell £47 on or before
1Mar1787 and this indenture to be void… /s/ Sam O. Pettus. Wit: Dudley Ragland, John
Lasley, John Pulliam. (Louisa County, VA, Deeds, H:510)
8Mar1785 – PROBATE: Estate of William Lewis, late of Albemarle County, Decd. A Slave
Inventory & Appraisal was returned by John Davenport, Will Harvie, and Thomas
Meriwether in laying off the Widow’s dower. (Albemarle County, VA, Wills, 3:12)
This is the same John Davenport who was recorded in Wood’s history of
Albemarle County as an emigrant to Wilkes County. His father was James, son of
Martin, wife was Margaret Harvie and he appears here with Will Harvie. We note
this record because we have previously identified this John Davenport as a son of
Richard of County Line & Albemarle and wish to make the correction known.
130
William Lewis is probably best known as the father of Meriwether Lewis, who
was the Lewis of the Lewis & Clark Expedition which explored the Northwest
Louisiana Purchase in 1804-06. William Lewis’s family was distinguished: prior
to 1850, it had two marriages with the Jeffersons and eleven with first cousins.
Others have written about he family’s mental health issues (see Boyton Merrill’s
great history, Jefferson’s nephews) and Meriwether Lewis committed suicide not
long after the expedition finished.
William Lewis’s uncle was Colonel Charles Lewis, on whose Inventory and
Appraisal jury Richard of County Line and Albemarle had served five years
earlier. Thomas Meriwether was obviously the family representative on this jury.
William Lewis had died in 1779, while an Army Lieutenant. There were 29
slaves in his estate. He was a cousin to the Nicholas Lewis who succeeded John
Davenport as overseer of their local road (10Jun1785). Considerable has been
written concerning the Lewis Family of Albemarle.
10Mar1785 – MORE SECURITY: In the matter of Martin Key, Jr., vs. John Davenport
in Debt, Benjamin Nowell came into Court and undertook Special Bail for Davenport.
(Albemarle County, VA, Court Orders, 1783-1785, 318)
This was John Davenport, son of Richard of County Line & Albemarle, in debt
trouble. The Nowells were neighbors to Richard Davenport of County Line &
Albemarle.
Special bail required that the security agree to pay any judgment against
Davenport if Davenport did not pay. Special bail in criminal actions required that
the security would serve any sentence imposed upon the defendant if the defendant
was found guilty and ran away.
Since John Davenport would appear the next day (see next record) and claim
that he had already paid the debt for which he was being sued, Nowell must have
been confident that he would not need to pay on Davenport’s account.
11Mar1785 – ISSUE JOINED: In the matter of Martin Key, Jr., vs. John Davenport in
Debt, the Defendant appeared and pled payment. Issue joined, to be tried at next
Court. (Albemarle County, VA, Court Orders, 1783-1785, 347)
Richard of County Line & Albemarle’s son William had gone to Wilkes County,
Georgia with his brother, Richard Jr., in 1784. Here he raised cash from the sale of a
slave. We don’t know how many slaves Richard Jr. and his brothers took with them
when they went to Wilkes County and William could not have been much older than
16 or 17 at the time of this sale.
131
31Mar1785 - PERSONAL PROPERTY TAX LISTS filed with Commonwealth: Albemarle
County
Richard of County Line & Albemarle and son John, on the tax list.
This was Joseph, eldest son of Richard of County Line & Albemarle.
No Davenports Listed
132
31Mar1785 - PERSONAL PROPERTY TAX LISTS filed with Commonwealth: Hanover
County
William Davenport lived in St. Paul's Parish, i.e., the lower half of
Hanover, south of the Pamunkey River, east of the South Anna, the south
fork of the Pamunkey. He was likely a son or grandson of the William
Davenport on the 1712 headright list.
31Mar1785 - PERSONAL PROPERTY TAX LISTS filed with Commonwealth: Louisa County
The Louisa Personal Property Tax Lists for this Year has been lost.
Elizabeth died on the County Line tract, having given John two sons, and John
married Susannah Pettus before 1791. Soon thereafter he moved to Abbeville
District, South Carolina, to join his brother Charles.
133
If John had a wife before Elizabeth Pierce, whom he married at the advanced
age of 37 years old, we have found no record and he had no issue with that first
wife.
Richard was Richard, Jr., who had gone to Georgia before the 31March Tax
List, leaving accounts and notes owed him in the hands of Wharton. Davenport
had sold his plantation to Olds when he left Albemarle County.
13May1785 – JUDGMENT CONFESSED: In the matter of Martin Key, Jr., vs. John
Davenport in Debt, the Defendant appeared and confessed the debt. Judgment for
the Plaintiff for £12/18/0, to be discharged by payment of £6/9/0 with lawful interest
from 5Apr1784 until paid. (Albemarle County, VA, Court Orders 1783-1785, 446)
John Davenport, son of Richard of County Line & Albemarle, apparently gave
up on the claim he made in the March court—that he’d already paid this debt—and
decided to face the music and make payment arrangements.
The Court was unaware of John’s impending move to his father’s County Line
tract (see 2April1785) and assigned him the Overseer’s task as his routine turn.
10Jun1785 – CONTINUANCE: Upon being called, the matter of Carter & Trent vs. John
Davenport on an Attachment was continued to the next Court. (Albemarle County,
VA, Court Orders 1783-1785, 469)
This was John Davenport, son of Richard of County Line & Albemarle, in
contuing financial difficulties in Albemarle County.
10Jun1785 – ROAD ORDER: Nicholas Lewis, Gentleman, appointed Overseer of the Road
in the room of John Davenport with the usual gang. (Albemarle County, VA, Court
Orders 1783-1785, 511)
The fact that John Davenport held the Overseer’s appointment only from one
Court to the next is prima facie evidence that he had moved to his father’s
Hanover/Louisa County Line tract (see 2April1785). Overseer appointments
usually were for a minimum of one year. It was not a choice appointment.
Nicholas Lewis was a cousin of Thomas Jefferson and managed Monticello during
Jefferson’s absence as Ambassador to France.
134
20Jun1785 – SLAVE TRIAL: Joe, a Negro fellow slave, the property of Richard
Davenport [Sr.], committed to the gaol of the County for feloniously breaking and
entering the house of Ludwick Cooke and stealing there out a variety of articles, tried
and found Guilty. Claiming the Benefit of Clergy upon being sentenced to death, the
Court ordered the said Joe to receive thirty-nine lashes on his bare back at the Public
Whipping Post, well laid on, by the Sheriff forthwith. /s/ Nicholas Lewis, Gentleman,
JP, presiding. (Albemarle County, VA, Court Orders 1783-1785, 512)
This matter concerned Richard of County Line & Albemarle. “Benefit of Clergy”
was an appeal for mercy. When granted, as it was here, the slave was whipped by
the Sheriff or his Deputy as ordered by the Court, then returned to his Master. We
invite the reader to consider, first, the death sentence for the crime of burglary,
and, second, to reflect on the horror of “thirty-nine lashes” “well laid on.”
ALBEMARLE COUNTY
AMHERST COUNTY
Thomas Eads 4 1 7
Joseph Davenport 10 -- --
Henry Gambill and Joseph Davenport were not freeholders and did
not own land; hence, they could not have buildings. Thomas Eads was
married to Sarah Davenport, daughter of William, Sr., of Spotsylvania,
would move to Louisa County and become involved in Davenport
Kennedy’s affairs by 1790. James Kennedy was a son of Charles Kennedy
and wife Crotia Davenport. He would move shortly to the Louisa County
135
Line community. Both Eads and Joseph Davenport were located in that
part of Amherst that became Nelson County in 1807.
Martin, son of Richard of County Line & Albemarle, owned land in Albemarle
from shortly hereafter until 1800, when he moved to Charlotte County, and then,
a decade later, to Adair County, Kentucky. He had no male issue, so he named a
daughter Martin.
Delphia was the youngest child of William Davenport and his wife Anne
Arnold. She figured prominently in her father's Will, married twice, had no
children, which occasioned litigation in Louisa fifty years later over the ownership
of a slave and her children. Garrett was a son of Crotia Davenport, sister of
Richard of County Line & Albemarle, whose first husband was Garrett Connor,
and whose second husband was Charles Kennedy. We have earlier proposed that
Garrett Kennedy was either adopted by Charles Kennedy while still an infant, or
raised to use the Kennedy name without benefit of formal adoption.
Dicey was the eldest daughter of Davenport Kennedy, Decd. The witnesses
were her next eldest sister, Nancy, and her youngest brother, Robert.
Mary Kennedy was Dicey’s “mother” in terms of legal status—that is, she was
her step-mother—at this point in time, but she was not Dicey’s biological mother.
Her biological mother would have been the unidentified daughter of Pamunkey
William Davenport Sr., who married Davenport Kennedy.
John Waller was a famed Baptist pastor who ranged widely in pre-and-post
Revolution Virginia, founding churches, performing the ordinances of baptism,
marriage, and ordaining. Like many other, in 1791, he moved to South Carolina.
Waller’s Church remains today as an active congregation in southernmost
Spotsylvania.
William Davenport was either Richard, Sr.’s youngest son, who had
turned age 16 and had been omitted by his father when he gave in his list
of taxables for 1785, or, more likely, was the third son of James Davenport,
Sr. Based on evidence previously discussed (Richard Jr.’s 200 acre land
allotment as well as on William’s absence from the 1785 tax list), we believe
that William, son of Richard of County Line & Albemarle, had gone to
Wilkes County Georgia with his brother Richard, Jr., in 1784.
Richard, Sr.’s son Martin was possibly the second tithe in Richard’s
household—which means Martin would have returned from Wilkes
County, Georgia in time to appear on the tax list.
Charles Kennedy had died (see above) and all of the assets charged to
William belonged to his father’s estate.
31Mar1786 - PERSONAL PROPERTY TAX LISTS filed with Commonwealth: Louisa County
Consolidated List
Thomas Eads. 1 White Tithe, 1 Slave, 2 Horses, 4 Cattle
Crosha Kennedy, No White Tithes, 5 Slaves, 2 Horses,13 Cattle
Mary Kennedy, No White Tithes, 4 Slaves, 2 Horses, 12 Cattle
James Kennedy, 1 White Tithe, 1 Slave
Colonel Richard Morris-William Davenport, Overseer: 2 White Tithes, 18 Slaves, 12
Horses, 51 Cattle
138
“Crosha” Kennedy was Charles Kennedy’s widow and sister to Richard
of County Line & Albemarle and a New Kent/Hanover Davenport.
Mary Kennedy was DK’s widow, still on the County Line plantation,
but son or stepson Joseph Kennedy was elsewhere and the other seven DK
orphans were being boarded and housed elsewhere.
James Kennedy, not named to the role by the Decedent, had joined his brother-
in-law Wash and brother William in executing Charles Kennedy’s will. One
genealogical source names George Lumsden’s wife as Elizabeth Duke. From the
number of situations and circumstances involving Lumsden in public records, we
think that George’s wife was a Smith.
139
16Jul1786—LAST WILL & TESTAMENT: John Lewis of Albemarle County; made 16Jul1786;
probated
Item I Devise that all my negroes old and young and their Increase
should be equally Divided as near as may be among all my children or their
Lawful Representatives--& that my Stock of all Kinds and Household
Furniture Should be sold at Discretion of my executors and after
Discharging all my Just Debts that the money Shall in like manner Shall be
equally Divided between all the money be divided arising from crops on
hand or Debts due me which my Executors may recover and in the same
manner they shall Divide the money they shall Receive on acct. of the Land
Purchased of Goldsmith.
Item I do constitute & appoint my sons John & Owen Lewis and my
friend John Harris and James Hopkins Executor of this my last will and
Testament and hereby Revoking all former wills by me made by word of
writing. Do ordain this only my last will and Testament—
In Witness where of I have here unto set my hand and Seal this 16th day
of July 1786
John Lewis, father of Jane Lewis, wife of Richard Davenport, Jr. made his will
and named few of his children—but he would correct that with later codicils (see
below).
To the honourable Henry Ozborn Esquire Chief Justice of the said Court and the
adjutant Justice of the county of Wilkes. The petition[er] Hawkins Bullock
Humbly showeth That, Richard Davenport, of the County of Wilkes, to witt on the
fourteenth day of September in the year of our lord one thousand seven hundred
and eight six on the Publick High Way, in the said county, your petitioner then
and there in the fear of God and then and there the said Richard did beat, Wound
and ill Treat, to the damage of your petitioner five hundred pounds silver.
Wherefore your petitioner prays process may issue. Requiring the said Richard
Davenport personally or by his attorney to be and appear before the Justices of
the Superior Court to be held in and for the County of Wilkes on the fifth Tuesday
in October next then and there to answer your petitioner in an action of Assault
and so forth.
Richard, Jr.’s troubles in Wilkes County have begun. The nature of the conflict
remains unknown but this is not the last time Richard, Jr. will be brought up on
charges in Wilkes County. That his troubles may well have been racially motivated
will be made clear in subsequent documents.
141
These are the sons of Charles Kennedy and Crosha Davenport. Brother-in-law
William Wash did not participate in this action. Charles Kennedy had a
wealthy estate. No records of any of its affairs or settlement remain because
of the loss of all Hanover records in 1865.
27Jan1787 – DEED: Cain Acuff, wife Esther, of Henry County, to Thomas Goodloe, of
Spotsylvania County, for £30 Virginia, 130 acres in Spotsylvania County, beginning at
the corner of Acuff, Goodloe, and Elisha Dismukes, thence to Henry Johnson and
the dividing line between Goodloe and John Waller, thence with Johnson to his corner
with Acuff and Goodloe, thence with Goodloe to the beginning… /s/ Cain “X” Acuff,
[No wife signs]. Wit: Thomas Towles, Wm. Hewell, Jas Wiglesworth, Jr., John
Shirley, Jr., Benj Waller, John Waller, Wm Durrett, Ambrose Shackleford.
(Spotsylvania County, VA, Deeds, L:272)
Acuff, wife Esther Kennedy, had moved to Henry County, bordering North
Carolina in the foothills of the Blue Ridge. His eight witnesses included a Who’s
Who’s of Southernmost Spotsylvania at that time. Ambrose Shackleford had
bought Charles Kennedy’s Spotsylvania land in 1780. William Hewell was
married to Susannah, eldest daughter of James Davenport, Sr., of Davenport
Ford plantation, Hanover County. Susannah died in Newton County, Georgia,
in 1856, 103-years-old.
Neither of these actions was valid. The Orphans Court had jurisdiction, as
follows.
These Guardian actions should have been taken when Davenport Kennedy
died, more than four years earlier. The Samuel Kennedy item has been cited as
evidence of a ninth orphan, but a careful analysis concludes that the name should
have been Sarah, who appears in all lists of Davenport Kennedy’s children, but not
142
here. Then too, this is the only record wherein the name Samuel appears, and in
the list order where Sarah appears otherwise.
James Davenport was James, Sr., of Hanover, youngest son of Martin, Sr.,
and father-in-law to Dicey Kennedy Davenport, eldest daughter of Davenport
Kennedy and wife of James Davenport, Jr.
To the Honourable Nathaniel Percheron [?] Esquire, chief Justice of the said
state, and the Adjutant Justice of the County of Wilkes. The petition of Richard
Davenport, Humbly sheweth, That Thomas Walton Jr. did in the year one
thousand seven hundred and eighty six murderous words did utter and speak to
the defamation and prejudice of him the said Richard Davenport (to wit) that
he looked upon him Davenport to be as bad a rogue as Step [slave] who had been
stealing bacon, and that he Walton had a right and would take a rogue in any
part of the county he pleased and other things then and there said thereby
intending to injure the character and good nature of your petitioner to his
damage one thousand pound specie. Wherefore your Petitioner pray process
may issue requiring the said Thomas Walton Jr, personally or Attorney, to be
and appear before the justices of the Superior Court, to be held in and for the
said county on the first Tuesday in April next, and then and there to answer your
Petitoner in an Action of [The charge?] upon the case for slanderous words,
spoken and so forth. Let process issue. Richard Davenport (his signature) 15 th
Feb 1787. (Wilkes County Court Records, ac. 1978—0528M, Georgia Archives.)
In this action, Richard, Jr. took issue with Thomas Walton, Jr. for
defamation, particularly objecting to the comparison of himself to a man
named Step, a slave known for stealing bacon. This is not the last time that
Richard, Jr. will claim damages in the amount of a thousand pounds. In point
of fact, however, the real subject of this suit is Richard’s color. He claims to
have been injured by being compared to a slave, both in his “character” and
his “good nature,” and has turned to the court for redress. In this suit, by
claiming defamation in his comparison to a slave, Richard Jr. is arguing for
his place as white and asking the court to uphold that status by ruling in his
143
favor. Later events will prove that he had reason to do this, no matter how
frivolous or out of proportion his claim for damages may seem.
Thomas Walton Jr. is the son of Thomas Walton and a good fifteen
years older than Richard Jr. The Waltons had come to Wilkes County, Georgia
from North Carolina and Virginia before that. Thomas, Jr. will appear in
Lincoln County records after 1796, when the county was formed from Wilkes
County.
9Mar1787 – FALSE CLAMOR: The matter of Richard Davenport vs. Benjamin Waller,
Executor of Edmund Waller, Decd., on a Writ of Sciere Facias, being tried by Jury,
Benjamin Holladay, foreman. Verdict rendered that the Estate has been fully
administered, and no assets remain. Davenport charged with “False Clamor,”
deserved “to take nothing,” ordered to pay all costs, including Waller’s Estate’s defense.
(Spotsylvania County, VA, Court Orders 1785-1787, 76)
Richard of County Line & Albemarle, pursuing a cause that dated back to
1757, had his head handed him. Edmund Waller, a son of Colonel John, had been
dead for more than fifteen years.
This appears to have been a spite prosecution by Richard of County Line &
Albemarle. If he was playing the part of the squeaky wheel, he no doubt was not
happy with the grease the court handed him. It may also be the case that Richard
of County Line & Albemarle’s continual return to court over this matter provided
a strong model for his son, Richard Jr., who made a habit of going to court over
his troubles in Wilkes County, Georgia. But Richard, Jr. seems to have had a great
deal more cause to pursue legal redress than his father did.
To the Honourable Chief Justice of the said State and the adjutant Justices of the
county of Wilkes, The petition of Richard Davenport, Yeoman, Humbly Showeth
That, Edward Jones Esquire of Wilkes County and said State, did issue his warrant.
And confusing the said Richard Davenport with a Negro man, in a warrant from
under his hand, and had the said Richard Davenport taken by virtue thereof, without
any person first making an affidavit against your petitioner, in any respect
whatsoever, and did him the said Richard Davenport imprison, without any just or
reasonable cause against the will of him the said Richard, your petitioner, and against
the laws of this state, a considerable time—kept imprisoned, without having the
144
liberty of going about to do his own [Soufull?] business by which your petitioner is
injured and hath sustained damages in the amount of one thousand pounds specie.
Wherefore your petitioner prays Process may issue Requiring the said Edward Jones
Esquire personally or by his attorney to be and appear before the Justices of the
Superior Court to be held in and for the county of Wilkes on the first Tuesday in April
next then and there to answer your petitioner in an action of Damages and so forth.
(Wilkes County Court Records, ac. 1978-0528M, Georgia Archives.)
This was a serious matter. In 1787 America, slaves were not permitted to
wander freely and any person of color found alone without benefit of his or her
master’s permission was subject to confinement until the person of color’s legal
status could be ascertained. That is, his or her owner had to be determined so he
or she could be returned—the slave did not have any legal status of his or her
own and the legal status under consideration was the question of ownership,
not rights.
In this complaint, Richard, Jr. says that he was “confused” with a “Negro
man” and thereupon confined against his will—an action that is the equivalent
of false imprisonment, since Richard, Jr. was not a slave on the loose but a
lawful citizen of Wilkes County. This was an important distinction. Slaves, being
property and without freedom of any sort, could not be imprisoned but were
merely confined, just as one would confine livestock on the loose. Citizens,
however, when confined in the same manner, had had their liberty taken from
them and therefore had been imprisoned.
Edward Jones Esquire was an attorney; he appeared on the 1785 tax digest
for Wilkes County. By 1797, he’d been appointed Justice of the Peace. He had
1850 acres of land on the Fishing Creek watercourse (and sold 300 acres of it to
Hugh Gilmore, planter, in approximately 1785-1787), and additional land in
both Burke (400 acres) and Effingham(600 acres) counties. On the 1785 tax list,
his name is separated from Richard Jr.’s by five other names. This did not
necessarily make them near neighbors but it remains passing strange that
Edward Jones Esquire did not know who Richard Jr. was or that he owned land
on Fishing Creek. On the other hand, Richard Jr.’s action may well demonstrate
the vast social distance between an attorney with 1850 acres and a yeoman
planter with 200 acres gained by headright. If Richard, Jr. was not known to
Edward Jones, and Jones truly felt Richard, Jr. was a slave on the loose, Jones,
as an attorney and therefore an officer of the court, “in a warrant under his
hand,” was entitled to detain Richard until Richard’s owner could be
determined.
145
If, on the other hand, Jones knew who Richard Jr. was, detaining him in this
manner amounted to a malicious act.
Once again, Richard Jr. brought his complaint to assert his status as a citizen
(and therefore as white) as much as to recover damages for the crime. Having
less than six months before been compared to a”rogue” slave and now having
been picked up as a slave himself, Richard, Jr. clearly had an appearance that
permitted these actions.
Early daguerratypes and tintypes of Cherokee who have not yet intermarried
with whites show individuals with dark complexions. In the middle part of the
19th century, Richard Jr.’s grandsons will be described as being of dark
complexion, with black hair and gray eyes. That Richard, Jr. had a dark
complexion and the appearance of a person of color seems obvious. Given that
we now believe his mother, Elizabeth Benge, was the daughter of a Cherokee-
white marriage, his dark skin is not surprising at all. What is surprising is the
fact that records were left behind that so clearly demonstrate his Indian
heritage.
146
The importance of this particular historical context to Richard Jr.’s life in
Wilkes County cannot be overstated.
The County had returned to the taxing jurisdictions that had existed
during the Colonial Period, employing the old Anglican Parish bounds. St.
Ann Parish was the South half of Albemarle. Frederickville Parish was the
North half of the County. Charlottesville was in the North half. The east-
west dividing line ran through the middle of Charlottesville. Thomas
Jefferson was Ambassador to France. His plantations were being
managed by overseers.
William with Richard, Sr., was Richard of County Line & Albemarle’s
youngest son. He had returned from Wilkes County, Georgia, perhaps
after witnessing his brother Richard Jr.’s troubles. The William in the
North half was the millwright, a son of James Davenport, Sr., of Hanover.
The Martin listed in St. Anne’s was Richard of County Line & Albemarle’s
son, also back from Georgia.
Lexington Parish
Joseph Davenport, 2White Tithes, 8 Slaves, 4 Horses, 4 Cattle
No Davenports Listed
There were Davenports being sued in Bedford, but they were not being
listed as liable for Personal Property taxes.
31Mar1787 - PERSONAL PROPERTY TAX LISTS filed with Commonwealth: Louisa County
The answer is no. Richard of County Line & Albemarle did not evict the
orphans. He evicted Mary, who apparently had not cared for the orphans.
He then had his son John assume the management of the plantation.
148
Although Mary was Davenport Kennedy’s widow, she did not appear,
per records, to be the mother of his orphans. Court records document that
she had boarded seven of them for four years with John Epperson—
whether on their home plantation or at Epperson’s not stated. It’s highly
unlikely that she would have done this had she been the children’s mother.
It was a tangled web, but at no time had Richard of County Line &
Albemarle dispossessed DK’s orphans. They had a Louisa home until it
was sold to Tarlton B. Luck. Richard of County Line & Albemarle’s
persistent commitment to these children provides further evidence of
Davenport Kennedy’s place among the New Kent/Hanover Davenports.
149
31Mar1787 - PERSONAL PROPERTY TAX LISTS filed with Commonwealth: Louisa County.
The Louisa Personal Property Tax List for this year is lost.
Anthony Fraser, author of the Tax List, named each tithe on his list.
25May1787 – LAST WILL & TESTAMENT: Susanna Fox of Louisa County, made this date,
probated 13Sep1790. Named Jean Ballard Price, daughter of Meredith and Elizabeth
Price; Susanna Smith Wash, daughter of John Fox; Ann Fox, daughter of John Fox and
wife Grace; Shandy Anderson, son of Richard Anderson; Joseph Anderson, son of
Richard Anderson; daughter Caty Anderson, wife of Richard Anderson. Executors:
Sons Joseph and John Fox… /s/ Susanna Fox. Wit: Thomas Wash, Elizabeth
Davenport, Grace Fox. (Louisa County, VA, Wills & Inventories, 3:300)
Witness Elizabeth Pierce Davenport was the wife of John, son of Richard of
County Line & Albemarle, who was living with her husband on the County Line
plantation.
150
Susanna Fox was a daughter of William Smith, Gentlemen, and a sister of
Thomas Ballard Smith, of Louisa, a Davenport relative of some degree, likely to
“John the Bankrupt,” whose wife was Mary Smith.
Fellow witness Thomas Wash at one time owned land adjoining Richard of
County Line & Albemarle’s tract, but had moved further south in St. Martin’s
Parish, Louisa, on waters of the South Anna. These folk were of a higher social
status than the craftsmen and small planters of the North Anna community.
Elizabeth died between this time and 1791, when her husband moved to
Abbeville District, South Carolina with his second his wife,Susannah Pettus,
daughter of Colonel William Pettus, the magistrate of the Rocky Creek settlement,
a North Anna community. She was the mother of John’s sons Charles and Richard.
7Aug1787 – DEED: Meshack Hitchcock to John Coles, both of Albemarle County, for 40
Shillings, 5 acres in Albemarle County on the north side of Beaver Dam Creek… /s/
Meshack Hitchcock. Wit: Samuel Dyer, Nicholas Hamner, Martin Davenport,
Beverly Williamson. (Albemarle County, VA, Deeds, 9:398)
This action was likely forced by James Davenport, Jr., the veteran we have
mentioned previously who lost the use of an arm at the Battle of Brandywine.
James Jr. was struggling to survive now that he had married Dicey Kennedy.
However, as we know, Mary Kennedy had failed to administer the Kennedy Estate,
and the Estate was in no condition for a division.
151
[13Nov1787] - DEED: Mesheck Hitchcock to Martin Davenport, both of Albemarle
County, for £50, 70 acres in Albemarle County on Beaverdam Creek, adjoining John
Fortune, John Coles, George Eubank, and said Martin Davenport--being the land
that William Hitchcock, Decd., devised to the said Misheck ... /s/ Misheck Hitchcock.
Wit: William Davenport. (Albemarle County, VA, Deeds, 9:399)
This deed is undated, but the language and principals are such that it was
surely made the same day as the preceding deed.
PAYMENTS
(1) That Mary Kennedy had not managed the Estate in any degree of control,
for she had not kept records identifying dates and specific nature of either debits
or credits;
(2) That Mary had shifted from cotton and grain farming to tobacco with
disastrous results;
(3) That the Widow and Orphans had been reduced to living off the hired
wages of their Slaves;
(5) That payments to both the Sheriff of Hanover as well as the Sheriff of Louisa
are evidence that Davenport Kennedy had occupied the Richard of County Line &
Albemarle tract that lay astride the County Line in both Hanover and Louisa;
(6) That Richard of County Line & Albemarle had repossessed the plantation;
(7) That Mary was not the mother of the orphans, for maintenance of the
Kennedy orphans would have been a given had she been their mother, and no
petition would have been needed;
(8) Joseph Kennedy, eldest son and heir-at-law, was of age, but the Estate was
obligated to pay for his upkeep for a number of days after Joseph had completed
an indenture;
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(9) That Joseph, plus the seven orphans Mary had to care for, totaled the eight
orphans left by Davenport Kennedy; and
(10) That the Estate was in a mess and virtually destitute despite the relatively
wealthy state in had been in at the time Kennedy’s death. Clearly the Widow Mary
had to be replaced if there was to be any estate to distribute among the heirs.
If Mary was the mother of the eight orphans, it was passing strange that she
made a claim for boarding them for four years. As their mother, she would have
had the right, yea the obligation and expectation, to feed, clothe, and shelter her
children from the estate she was administering and would not have required the
Court’s permission to reimburse herself.
This being so and the fact that Mary’s estate, when she died shortly hereafter,
was administrated by Dr. [Robert] Honeyman, the family doctor, with no
participation by any Kennedy, Davenport, or Graves in her estate affairs, and the
fact that no mention of her thereafter appears in any DK’s Estate or Orphans
affairs hereafter, is more than enough to raise significant doubts as to her relation
to the children. In fact, she must not have been their mother.
-----1788 – BIRTH YEAR: John L. Davenport, son of Richard Davenport, Jr., son of
Richard of County Line & Albemarle, born in Georgia. (Deduced from Census of
1860, Bonhomme Township, St. Louis County, Missouri, Household No. 388. Census
of 1870, Same, Household No. 3)
John L. [for Lewis?], age 71, born while his father lived in Wilkes County,
Georgia, was in 1860 a tenant farmer living with his son Richard, age 39. Other
children or grandchildren in household--Josephine J., 22; James D., 21;William A.,
19; Susan A., 17; James D. Driscoe, 15; and Sallie A. Driscoe, 16; all born Virginia.
154
Martin was the son of Richard of County Line & Albemarle, who was
also listed.
Lexington Parish
Joseph Davenport, 1 White Tithe, 5 Slaves, 4 Horses, 4 Cattle
31Mar1788 - PERSONAL PROPERTY TAX LISTS filed with Commonwealth: Louisa County
John, son of Richard of County Line & Albemarle, now occupied the
land where Davenport Kennedy had lived. Despite Davenport Kennedy
155
land tax listings in both Louisa and Hanover, there was no land in
Kennedy’s estate—DK had lived on Richard’s land.
Richard Jr. had tangled with another Wilkes County neighbor. The nature
of the dispute in unclear and Hawkins Bulloch has not left much of a record to be
researched. But court records show that the jury found for the defendant in this
case. No tally of votes is given.
156
This most likely was John of Richard of County Line & Albemarle, for John of
James was in Georgia; John of William Sr. was in North Carolina; and John of
John, Sr., alias “John the Bankrupt,” was located near Spotsylvania Court House,
operating an ordinary. John of Richard of County Line & Albemarle was on a
plantation in Louisa twenty miles north of Richard Littlepage, but was a Hanover
taxable occupying that County Line tract and could have been in Hanover Court
House for Court Business or answering a jury call.
The Littlepage lands in Hanover were directly across the Pamunkey River
from the Davenports in Caroline County, and Littlepage’s Bridge for many years
was the only bridge from Caroline to Hanover. There was no use of the name John
among Caroline Pamunkeys.
Three of Davenport Kennedy’s orphans had reached their majority, Here, they
pressed to have their Father’s estate divided so that they could have their shares, a
common occurrence. It could not be done, for due to mismanagement by the
Widow Mary who was administrating, the Estate was not in condition for a
division. Another ten years would pass before a division was accomplished and
final settlement made.
The fact that William Sr. served as first bondsman is another piece of evidence
that William Sr.’s unidentified daughter was Davenport Kennedy’s first wife. This
relationship also explains why William Sr. continued to exercise oversight of
guardian ships as long as the orphans were minors, for he was their grandfather.
10Nov1788 - DEED: John Smith, executor of David Smith, Decd., late of St. Martin’s
Parish, Louisa County, to Thomas Eads of Louisa County, for £121/2/4½, 95½ acres
in St. Martin’s Parish, Louisa County, beginning on the east side of Little Rocky Creek
adjoining Richard Davenport, thence South East , thence to the fork of the branch,
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thence South West crossing the Main Road, thence North West to the Creek, thence
down the Creek to the beginning ... /s/ John Smith. Wit: Abraham Fontaine, N.
Thomson, Thomas Smith. (Louisa County, VA, Deeds, F:383)
This deed was made at the Louisa Court House, for witness Abraham Fontaine
was the Louisa Clerk of Courts. Sarah, wife of Thomas Eads and daughter of
William Davenport, Sr., was an aunt to the Davenport Kennedy orphans.
Thomas Eads’ appearance at this time, and the role he took in providing a
place for Davenport Kennedy’s orphans to live adjacent to their old home, suggests
that William, Sr. was managing the support of his dead daughter’s children.
The price of this land indicates that it included a manor house, out buildings
and good planting land. Whether Eads lived on this tract is questionable, for he,
with wife Sarah, soon conveyed the tract to Joseph Kennedy, heir-at-law of
Davenport Kennedy, in return for Joseph’s relinquishment of vaguely described
heir-at-law rights—to what purpose not identified. This appears to have been the
tract whereon the orphans of Davenport Kennedy resided after Richard of County
Line & Albemarle sold his County Line tract to Tarlton Brown Luck. Eads had a
much larger plantation on the waters of the South Anna where he resided until
William, Sr.’s Estate was settled. The Eads then bought her father’s plantation in
Spotsylvania and lived out their lives there.
4Feb1789 – DEED OF TRUST: John Tuggle, of Albemarle County, to Andrew Knight, for
said Knight’s being security for the sum of £23/18/6/¾ payable to Laughland McClain
on a Replevin Bond, various livestock and chattel to be held by said Knight until the
said Bond is satisfied, etc… /s/ John Tuggle. Wit: Martin Davenport, James
Eubank. (Albemarle County, VA, Deeds, 9:535)
10Feb1789 – DEED: William Boyd to Barnett Henderson, both of Albemarle County, for
1500 pounds of Tobacco, 109 acres in Albemarle County on the head branches of
Hardware, Rockfish, and Mechums rivers, adjoining John McGraw… /s/ William
Boyd. Wit: Charles Wingfield, Jr., John Newell, William Davenport. (Albemarle
County, VA, Deeds, 9:526)
Witness William Davenport was likely the son of Joseph, eldest son of Richard
of County Line & Albemarle, for in June following, William witnessed a deed for
Charles Wingfield, of Albemarle for land in Amherst County. William of Joseph of
Richard subsequently married into the Wingfield family.
3Mar1789 – FINE. Georgia, Wilkes County. To all and Singular Sheriffs of the Said state,
greeting, You are hereby commanded that, of the goods and chattels, lands and
tenements of Thomas Walton of the said County, you cause to be made as well the sum
of ten pounds principle and fourteen shillings and eight pence interest which, in the
Superior Court of the said, before the Chief Justice and his Associates was adjudged to
Richard Davenport for his damages which he had sustained by occasion of not
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performing certain promises and undertakings by the said Thomas Walton to the said
Richard Davenport and have you that money before the Judges of the Superior
court the fifth Tuesday in March Instant, to render to the said Richard Davenport
for his damages, costs, and charges, whereof the said Thomas Walton is convicted, as
appears to us of records, and have you these there this writ. Witness Edwin Mounger
Clerk of the said Court at Office, the Second day of March in the year of our Lord one
thousand seven hundred and eighty-nine and in the Thirteenth year of the Sovereignty
and Independence of the United States of America. (Wilkes County Court Records, ac.
1978-0528M, Georgia Archives)
Richard, Jr. did not get a thousand pounds in damages from his claim
against Thomas Walton. Instead, Walton had at some point been convicted and
ordered to hand over ten pounds in damages. This he had not done, so he was
now ordered to hand over ten pounds in principle and fourteen shilling eight
pence in interest.
This action stemmed from Richard Jr.’s action claiming that Walton had
defamed him when Walton compared Richard Jr. to “Step,” an “untrustworthy”
slave known for stealing bacon. Walton apparently disagreed with the court’s
decision and refused to pay up.
--Mar1789 – CHANCERY PETITION: “To the Worshipful the Justices of Louisa County
Court in Chancery Sitting: Humbly complaining Sheweth unto your Worshipfuls that
your Orator & Oratrixs, Joseph Kennedy, Heir-at-Law to Davenport Kennedy,
Decd., Nancy Kennedy, James Davenport & Dizey (sic, should be Dicey), his
wife, formerly Dizey Kennedy, that your Orator’s & Oratrixes’ father Davenport
Kennedy, Decd., departed this life sometime in the year of our Lord 178[2] without
will, leaving his Wife & the following children (viz) Dizey [sic], Nancy, Joseph,
Dorothy, Polly, Sarah, Robert, and William, and that he died possessed of a
considerable personal estate, and your Orator and Oratrixes further Sheweth that there
was an order of this Worshipful Court that Robert Dabney, Barnett Smith, William
Pettus, and George Lumsden should divide the said estate amongst the children
according to Law, that for that purpose the above Gentlemen met, but from the nature
of estate found it improper to divide it, and recommended to the children to sell the
said estate and then divide, when a division could be equally made. But now so it is,
may it please the Court that Dorothy, Polly, Sarah, Robert & William, being
infants, this Worshipful Court has appointed [blank, but was Mary] Kennedy, their
Mother and next friend, their Guardian, your Orator & Oratrixes pray may be made
parties Defendant hereto with apt words to charge them as such how to injure and
oppress your Orator & Oratrixes, have altogether denied that the said Estate should be
sold or divided, Sending out in said Speeches that if the said Guardian should be
hereafter liable to her younger children, the Defendants to this Bill. All which actings
and doings are contrary to equity and good conscience, and tend much to injure and
oppress your Orator & Oratrixes Joseph Kennedy, Nancy Kennedy, James
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Davenport and Dizey [sic], his wife. In Under Consideration whereof and for as
much as your Orator & Oratrixes are remedied in the premise by the Strict rules of the
Common Law and can be relieved in the premises by a Court of Chancery only ...”
(Louisa County, VA, Chancery File, Library of Virgina,1791-1803, Joseph Kennedy,
etc, vs. Dorothy Kennedy etc.)
The back of this petition was used to keep the ongoing record of the Case,
“Kennedy et al vs. Kennedy Guardian, Bill and Answer Chancery. Act of 1788.
Decree agreeable to the Prayer of this Bill. Robert Dabney, William Pettus, Barnett
Smith ,and George Lumsden are appointed to Sell the Decedent’s Estate & Divide
the Same among the Widow and her Children.” The matter was continued from the
March 1789 Court on a month-to-month basis until a Final Decree was entered at
the February 1791 Court. (Louisa County, VA, Chancery File, Library of
Virgina,1791-1803, Joseph Kennedy, et al vs. Dorothy Kennedy et al)
This document appears to provide the first list of the orphans of Davenport
Kennedy in a birth order, namely Dicey, Nancy, Joseph, Dorothy, Polly (Mary),
Sarah, William, and Robert. Yet at the beginning and end of the document,
identification of the Plaintiffs lists Joseph first, followed by Nancy, and then James
Davenport, Jr., and wife Dicey. All of the plaintiffs had to be age 21 to be principals
before the Law. Joseph, as the eldest son, was heir-at-law of his father, which may
account for his being listed first among the plaintiffs. The birth order listed within
the document was most likely correct.
We know nothing about Nancy other than that she served as Dicey’s marriage
bond witness in 1785, joined Joseph and Dicey in suing her brothers and sisters for
a division of Davenport Kennedy’s estate in 1788, was still alive in 1791 when the
suit was tried, but was dead intestate without heirs when Davenport Kennedy’s
Estate was finally settled in 1797. Her share was divided equally among her seven
siblings.
160
Richard of County Line enumerated with his son Martin and his step-son Nicholas
Hamner.
Lexington Parish
Joseph Davenport, 3 White Tithes, 4 Slaves, 1 Horse, 4 Cattle
Joseph listed two of his sons this year. There were more to come.
Joel was the fourth son of Glover, second son of Martin, Sr. of
Hanover, and had served in the Virginia Continental Line during the
Revolution, including at least four battles and Valley Forge. We include
this record, again, to make clear the different members of the Pamunkey
and New Kent/Hanover family trees.
31Mar1789 - PERSONAL PROPERTY TAX LISTS filed with Commonwealth: Louisa County
161
Martin Kennedy, 1 White Tithe, 3 Horses
James Kennedy, 1 White Tithe, 1 Horse
Mary Kennedy, No White Tithes, 2 Slaves, 1 Horse
This was John Davenport’s last appearance on Virginia Tax Lists, for
he shortly hereafter moved to Abbeville District, South Carolina to join his
brother Charles. Richard of County Line and Albemarle, unable to interest
his remaining sons in the Louisa plantation that he had held for at least
fifty years, sold the land to Tarlton B. Luck, who had married Crosha
Cassity Kennedy, a daughter of Charles Kennedy and Richard’s sister
Crotia Davenport.
With that sale, Richard of County Line & Albemarle kept the land in
the extended family but died before he made a deed to Luck. This
subsequently generated a number of legal documents in South Carolina
and Virginia. The widowed Crotia (Charles Kennedy) was living on her
husband’s second plantation in Louisa rather than on the manor
plantation in Hanover where she had lived during his lifetime. Mary
Kennedy was DK’s widow, whether still caring for his orphans unknown.
She would soon be dead.
162
--Jun1789 - DEED OF GIFT: John Lewis, Sr., of Tatear in Albemarle County, to daughter
Jean Davenport, wife of Richard Davenport, Jr., late of Albemarle County, now
of the State of Georgia, lends Negroes Stephaney, Isabell, and Dorcas and their increase
to said Jean for her natural life, and then to said Jean’s children equally ... /s/ John
Lewis. Wit: None. Acknowledged in Jun1789 Court. (Albemarle County, VA, Deeds,
9:549)
“The head of the third [Lewis] family [in Albemarle County]… was John [Lewis],
who was one of the earliest settlers in the county [Albemarle]. He entered land on
Totier Creek in 1741. When the location of the old courthouse was fixed, he obtained
a license to conduct an ordinary at the place. He seems to have married a daughter
of Samuel Shelton, and had two sons, and a daughter, Jane, who became the wife
of Richard Davenport, and removed to Georgia.” [Davidson, Grace Gillam, The
Early Records of Georgia, Volume I, Wilkes County (Macon, Georgia: Author,
1933), 111]
Despite more than a century of research attempts, no one has been able to
establish a connection between John Lewis of Tatear/Totier [Creek] in Albemarle
County and his more illustrious Lewis neighbors. His children bear names that are
similar to the names of the children of the other Lewis families (i.e., John, Owen,
etc.) but the lower orders often used the names of the aristocracy to pay homage
to their “betters.” It’s also the case that when Richard Jr. and Jane Lewis
Davenport departed for Wilkes County, George, they chose to settle in the same
county where Meriwether Lewis spent some years when he was a boy but this fails
to rise to the level of any sort of evidence. And John Lewis’s land in Albemarle
County was in the immediate neighborhood of the Meriwethers. But Richard of
County Line & Albemarle was a near neighbor of Tjhomas Jefferson and he in no
way had any relationship to the Jefferson family.
We have already suggested that this Lewis family may have had American
Indian beginnings. John Lewis of Totier Creek claimed his father was named Owen
but Lewis family researchers have said that John Lewis of Totier Creek was NOT
related to the Owen Lewis documented in Goochland County. We have to believe
that John Lewis knew his father’s first name. We’re also quite willing to believe
that his father could be named Owen without having any relationship to the Owen
that Lewis family searchers have dismissed. Certainly the Cherokee were using
Anglicanized names at the turn of the 18th century.
Witness William was the son of Joseph, son of Richard Sr of County Line &
Albemarle. He subsequently married a daughter of Nathan Wingfield.
163
3Sep1789 - NEGRO CHARGED: John Michie, deputy Commonwealth attorney for Louisa
County, charged Joe, a Negro man slave, the property of John Davenport of Louisa
County, with felonious entering the house of Cleavars Swift and stealing there from
sundry goods and cash of Samuel Baker and John Sims ... County Jailer ordered to
keep said Joe in custody until such time as judgment can be made. (Loose Papers in
Louisa County Clerk of Courts Office)
Joe was apparently one of the two slaves assessed John(son of Richard of
County Line & Albemarle) among his taxables earlier in the year (see above).
30Jun1789 – LAND TAX LIST: Among those assessed for land: Hanover County
James Davenport's 150 acres were the Old Martin Davenport place,
which Martin, Sr., had devised to him and his brother David. Being on or
near the Hanover-Louisa line, both of the Kennedys also had land in
Louisa County, either part of the above tracts or other parcels. Where the
100 acres assessed to Davenport Kennedy’s estate came from is yet to be
resolved. Kennedy’s land in Louisa was not his but was, in fact, the land
that has now been identified for more than forty-five years as Richard of
County Line & Albemarle’s and not taxed in Louisa County except for 1771-
1772 and 1782 and later.
164
Richard of County Line & Albemarle, now in his old age, was still
accumulating land. Martin Davenport was his son. Turner Hamner was William
Hamner’s son and therefore Nicholas Hamner’s first cousin. The Wingfields were
associated with the New Kent/Hanover Davenports in both Albemarle and
Amherst counties.
3Oct1789 – KENNEDY’S WIDOW DEAD: “Agreeable to a decree from the Worshipful Court
[of] Louisa [County] bearing date 12th day of August 1788, we the Subscribers
proceeded to advertise the Sale of the Estate [of] Davenport Kennedy, Decd., to
give Eighteen month Credit bonds to be given with approved Security, the whole
amount of Sale, Negroes, Stocks, Household furniture being £674/7. The widow’s third
amounted to £224/15/8 & the Children’s equal part amounted to £56/2/11 [each], after
deducting the children’s legacies who had Purchased. We took their bonds for the
balance and Proposed taking the widow’s bond in like manner, who could not Produce
Sufficient Security to produce her Purchases at her death, since which time the widow
died leaving the whole of the property she had bought. We Conceive the Sale with
regard to her Purchases is Void as she did not Comply with the terms of the Sale. Given
under our hands this 3rd day of Octr 1789. /s/ Robert Dabney, Wm Pettus, Geo:
Lumsden. (Louisa County, VA, Chancery File, Library of Virgina,1791-1803, Joseph
Kennedy, etc, vs. Dorothy Kennedy etc.)
This document basically put numbers to a story already in the Court record.
23Oct1789 - DEED: Richard Davenport, Jr., wife Jean, of Wilkes County, Georgia,
to James Olds, of Albemarle County, for £80, 400 acres in Albemarle County, adjoining
Samuel Gay, Joseph Jackson, Edward Carter ... /s/ Richard Davenport [No wife
signs.].Wit: Martin Davenport, Samuel Gay, John Miller. (Albemarle County, VA,
Deeds, 10:62)
By the witnesses, Richard, Jr., at least, had returned from Georgia to sell his
Albemarle plantation--with his brother Martin witnessing. Undoubtedly, Richard,
Jr. used some of the proceeds from this sale to purchase land in Wilkes County,
since a survey for him for 196 acres adjacent to the 200 acres he’d receieved in
headrights in 1784 was recorded in 1790.
4Nov1789 – JUDGMENT: The petition of Pottie & Dick against Garrett Kennedy for
£3/3 due on a bond in default, ordered payment of said bond, to be discharged by the
payment of £1/19 with interest from 7Aug1788. (Spotsylvania County, VA, Court
Orders 1787-1792, 323)
165
Crotia (Crosha) Kennedy, the bride's mother, was the widow of Charles and a
sister to Richard Davenport of County Line & Albemarle. Crotia would have been
in her middle 60s at this time—which suggests that daughter Crosha Cassidy was
in or near spinsterhood, late 20s to early 30s. Luck was an elderly man and had
served as the schoolmaster for Davenport Kennedy’s orphans. Nearly all of Luck’s
many children (identified when his heirs conveyed Richard’s old tract by new
survey to Crotia Cassity and her second husband in 1797) were married at the time
of his marriage to Crosha Cassidy Kennedy.
4Nov1789 - DEED: John Fleming, wife Elizabeth, and Ann Fleming, widow, to Martin
Kennedy, all of Louisa County, for £24/10, 50 acres in Louisa County [on Little Rocky
Creek], bounding Smith and the Road... /s/ John Fleming, Elizabeth "X" Fleming, Ann
“+” Fleming. Wit: None. Acknowledged by John, Elizabeth, and Ann Fleming in
Louisa Court on 9Nov1789. (Louisa County, VA, Deeds F:465)
Why Martin Kennedy, co-heir with his younger brother Fields Kennedy to the
Charles Kennedy manor plantation of 300 acres in Hanover County, obtained this
land at this time, particularly since he was still a minor, occasions wonder. His
brother William was supposed, by instruction in their father’s will, to look after
Martin and Field on the Hanover plantation during their minority. Possibly by
necessity, Martin had married a daughter of Barnett Smith, and while still under
age had started his own household. Whatever, he acquired this Louisa tract early
and held on to it long after William and Fields had moved to Georgia, leaving him
in sole possession of the Hanover plantation, where he still lived more than fifty
years later.
166
Resale of the deceased widow’s purchases from the Davenport Kennedy
Estate’s public sale was accomplished, but the Estate could not be settled for a
number of reasons. Records indicate, however, that the impatient individual heirs
had begun plundering various assets without a formal distribution.
Security William Kennedy was the current co-executor of his father. William
Graves was a grandson of William Davenport Sr. As we have already seen,
security Lumsden was much involved in Davenport affairs, possibly because of his
Smith in-laws. All three securities lived within a short distance of that County Line
tract of Richard, Sr., whereon Davenport Kennedy had lived for a quarter-century,
and which was currently inhabited by John, son of Richard of County Line &
Albemarle.
Next of kin traditionally followed the paternal line, yet at the death of the
Widow Mary Kennedy, it was the out-of-county Davenports, not the Kennedys, to
whom the Court looked to assume the administration of Davenport Kennedy’s
estate. (William Davenport was of Spotsylvania; James Davenport was of
Hanover.) This is notable because there were mature, established male Kennedys
(namely William and James, sons of Charles) nearby whom the Court could have
appointed.
William Kennedy was a bondsman for William Davenport, not vice a versa.
James Davenport, Jr., married to the oldest daughter of the Decedent, may have
been the Davenport whose name was crossed out; after all, his marriage to Dicey
Kennedy created a major Conflict of Interest, since Dicey was one of the heirs-at-
law. We have already seen James Jr. in the records as a disabled veteran
petitioning for an increase in his meager pension. Not a likely candidate for an
Estate administrator—and in fact, he apparently refused to take this on.
167
be applied as before directed, and Administrator to make report in order for a final
decree. (Louisa County, VA, Court Minutes 1788-1790, 122)
Mary had bought most of the estate at the public sale, but had neither paid nor
provided security for payment, endangering the orphans’ interests, more evidence
that she was not their birth mother but was a stepmother.
9Nov1789 – CROSSED OUT ENTRY: William Graves appointed Guardian to Polly and
Sarah Kennedy, orphans of Davenport Kennedy, who made choice of said
William, he entering into bond as the Law directs. (Louisa County, VA, Court Minutes
1788-1790, 122)
There are few crossing-outs in the Louisa Court Minutes. There were two in
Davenport Kennedy Estate and Orphans matters, reflecting the confusion that
seemingly embroiled the Court as well as the principals.
The crossing-out was done ex post facto, for Court Minutes were taken by
rough notes as the Court was sitting, generally in the scribe’s personal shorthand.
Those notes, after Court ended for the day or session, were transcribed and
expanded into legalese and recorded in the Minute Book. Therefore, crossing-out
had to have occurred thereafter.
One of the presiding justices of a Virginia Court would have been assigned to
read the Minute Book when it was completed after each session, and to sign off as
to its accuracy. The crossing-out in this instance was surely done by a Justice who
had also sat as an Orphans Court justice (Orphans Court generally followed the
County Court monthly if there was business, but could be convened at any time).
In reviewing the record in the Court Minutes as inscribed after a succeeding
Orphans Court, the Justice-Reader recognized the disparity in what had occurred
between the County Court and Orphans’ Court, knew the Orphans’ Court order
overrode a County Court order, and had no alternative but to cross out the
offending order in the permanent record.
Being of Age meant the Orphan was at age least 14 and not yet 21, and
therefore could choose his/her guardian, subject to the Court’s approval. Robert
Kennedy was the next to youngest of the eight orphans.
The fact that the Court appointed William Davenport as William’s guardian
indicates that William Kennedy was not yet age 14. This court action enables an
identification of the age range of the Kennedy orphans. They ranged from Dicey,
168
born in 1759, to William, born in the late 1770s. A better estimate will come with
later Orphans Court orders.
William Graves was a grandson of William Davenport, Sr., who had been his
guardian in Spotsylvania County when both of William’s parents had died in the
late 1760s. Graves would have been in his late 30s when he undertook shared
guardianship of Davenport Kennedy’s orphans with his grandfather.
There was confusion relative to the successor administrator of this Estate, for
while William Davenport, Sr., had sought the responsibility and posted bond, a
month later he was replaced by William Graves, the same William Graves who
was married to a daughter of William Pettus, Sr., and was the orphan of Jonathan
Graves, whose guard-ian had been William Davenport, Sr.
Graves replaced William Davenport after five weeks at twice the amount of
the previous administrator’s bond. Graves was a freeholder of Louisa County, a
younger man whereas William was aged and living in Spotsylvania.
169
marriage did not occur for at least a month or more, for Dorothy was acting on
her own and in her maiden name in a Deed of Trust executed a month later.
Apparently the marriage license obtained in early November did not suffice,
so they obtained a marriage bond, identifying Crotia Cassity as being of legal age
and of Crotia Kennedy, with her brother James signing as bondsman. The couple
was married two days later by the Rev. John Waller. Crotia Cassity (she held fast
to both names) was Charles Kennedy’s youngest daughter—was surely a spinster
when she married. She was childless by both Brown and Hezikiah Arnold, her
second husband.
170
If the occupation of Richard Sr’s County Line tract for more than 25 years is
not sufficient proof that Davenport Kennedy was a near relation to whom Richard
of County Line & Albemarle felt he owed protection and care (as he may naturally
have felt about his brother’s orphaned bastard son), the appearance of Richard’s
son John in a fiduciary capacity seems to clinch this. No one but a near relative—
in this case, a first cousin—would assume such financial responsibility for another.
-----1790 – STAY: Benj. Porter vs. Richard Davenport. Case No. 38. I confess
judgment for nine pounds eight shillings three pence ½ which may be discharged
by the payment of twelve hundred and forty pounds of Crop Tobacco Augusta
Inspected Tobacco with cash of suit with stay of execution till first Monday in
November next. Richard Davenport. (Wilkes County GA Inferior Court Minutes)
In Wilkes County, Georgia, Richard Jr. had been sued and had come to
court to confess his debt and arrange an extended time for re-payment. In
1785, two Benjamin Porters appear on the tax digest of Albemarle County,
likely father and son. It’s unclear which had a dispute with Richard, Jr.,
but whichever one, he was forced to wait for payment of the judgment he’d
obtained against Richard, Jr..
Lexington Parish
Joseph Davenport, 3 White Tithes, 4 Slaves, 2 Horses, 5 Cattle
Richard of County Line & Albemarle’s eldest son on the tax list.
171
31Mar1790 - PERSONAL PROPERTY TAX LISTS filed with Commonwealth: Hanover
County
31Mar1790 - PERSONAL PROPERTY TAX LISTS filed with Commonwealth: Louisa County
By the time of this Tax List, John, son of Richard, Sr., had gone to
Abbeville, South Carolina to join his brother Charles.
Jul1790 – SURVEY: Richard, Jr. platted 196 acres on Fishing Creek, Wilkes County,
Georgia, adjacent to the 200 he’d platted in 1784. (Headright and Lottery Loose plat
Files, Georgia Surveyor General, RG 3-3-26, Georgia Archives)
172
9Nov1790 – SURVEY: A.S. Bryan platted 14 acres in Albemarle County for William
Fortune, lying on the waters of Beaverdam Creek, adjoining Martin Davenport, said
Fortune, William Henderson. (Albemarle Survey, 121)
The Fortunes were involved with Richard of County Line & Albemarle’s family
from 1787 through 1802, with activities that ranged from witnessing a will to being
a bondsman for a marriage. Martin Davenport was Richard of County Line &
Albemarle’s son.
A Davenport-Wingfield Marriage
William was another son of Joseph and a grandson of Richard of County Line
& Albemarle. Both participants in this marriage were apparently under age, given
that parental permission was given for both.
17Jan1791 - SLAVE BILL: Joseph Kennedy, of Louisa County, to Thomas Eads, “in
consideration of a certain tract of land to me given up as my lawful right, do sell” three
slaves: Phillis, Henry, and Stephen and their increase ... /s/ Joseph Kennedy. Wit:
Robert Dabney, James Davenport, John Davenport. (Louisa County, VA, Deeds,
G:86)
173
John’s participation in Davenport Kennedy’s Estate matters was always in
concert with Joseph or involved money or security. Joseph’s first appearance in
Albemarle was in St. Ann’s Parish, where Richard of County Line & Albemarle
resided. Thereafter Joseph lived in Fredricksville Parish, where Charlottesville
was located, and where the Pamunkey Davenports lived.
Dick was a merchant who did business in Louisa and Spotsylvania. His firm
was Pottie & Dick which had taken various Davenports to Court to collect debts in
the preceding decade. A Pottie would ultimately take the County Line tract by
mortgage forfeiture c1810.
John Moss was the father of Alexander Moss. An Alexander Moss turns up on
a lawsuit with Richard Jr. as a co-defendant in Wilkes County, Georgia in 1791.
We include this record because John Davenport’s second wife was Susannah
Pettus, daughter of William Pettus, and because it reflects another activity of
George Lumsden’s.
12Mar1791 – FINAL REPORT: “In obedience to an order of the Worshipful Court of Louisa
directing us to Sell the Estate of Davenport Kennedy on Eighteen months Credit
and to take bond with Security for the Same, we proceeded to Sell the Same, which Sale
amounted to the sum of Six hundred and Seventy-four pounds, Nineteen Shillings,
including the purchase which the Widow made to the amount of two hundred &
eighteen pounds, 12/6, which purchase the widow failed to give us Security for, and
also in conformity to an order of your worships bearing date November the Ninth 1789
directing us to Sell that part of the Said Estate which the widow had purchased and
failed to Give Security for. We proceeded to sell that part also, which Sale amounted
to £188/18/1¾, which reduced the above Sale of the whole Estate to the Sum of
£645/4/6¾, and also in conformity to your worships ordered bearing date of Jany 10,
1791, directing us to Examine and Settle the accts With William Graves,
administrator of Said Estate, and money from the Sales not Collected, we therefore
delivered all bonds to said administrator & took his receipt for the Same. Given under
our hands this 12th day March 1791, /s/ Robert Dabney, Wm Pettus, Geo:
Lumsden. (Louisa County, VA, Chancery File, Library of Virgina,1791-1803, Joseph
Kennedy, etc, vs. Dorothy Kennedy etc.)
174
Sales of said Estate.” /s/ “Wgraves.” (Louisa County, VA, Chancery File, Library of
Virginia, 1791-1903. Joseph Kennedy, etc, vs. Dorothy Kennedy etc.)
175
31Mar1791 - PERSONAL PROPERTY TAX LISTS filed with Commonwealth: Albemarle
County
Lexington Parish
Joseph Davenport, 2 White Tithes, 4 Slaves, 3 Horses, 4 Cattle
Both William and John are believed to have been sons of Glover
Davenport, son of Martin, Sr. and therefore Pamunkey. We include the
record to maintain clarity in our list of who’s who.
176
Thomas Price’s List
James Davenport, 1 White Tithe, 1 Slave, 1 Horse
Charles Kennedy Estate, 300 Acres (Hanover State Property Tax Lists)
James, Sr., had fallen on lean times if he was down to one slave and
one horse. He would move to Georgia soon.
31Mar1791 - PERSONAL PROPERTY TAX LISTS filed with Commonwealth: Louisa County
Thomas Eads had moved to the waters of the South Anna, joining his
brother-in-law Garrett Kennedy there. William Wash would soon join
them.
4Apr1791 - DEED: James Davenport, Sr., wife Frances, of Hanover County, and
James Davenport, Jr., wife Dicey, to William Ashley, of Spotsylvania County, for
£170, 150 acres in Hanover County "whereon said James Davenport now resides,"
beginning at the place where Davenport’s Spring branch empties into the Parmunkey
[North Anna] River, thence up the said branch to several line trees in the course to a
stump on the Road corner with Kennedy, thence along Kennedy’s line to a white
oak corner of Kennedy and John Seay, thence along said Seay’s line to Pamunkey
[North Anna] River, thence up the River to the beginning, ‘according to the ancient,
well known boundaries of same,” and excepting “one-half acre...at the corner with
Kennedy, near the Main Road, with the meetinghouse thereon, to be always free and
unmolested for the Methodist worship…." /s/ James Davenport, Frances
Davenport, James Davenport, Jr., Dicey Davenport. Wit: James Cason,
William Spicer, John Seay. (Hanover County, VA, Deeds 1783-1792, 471)
This was the Old Martin Davenport plantation being sold out of the family
preparatory to James, Sr., moving to Georgia. Ashley apparently had plans for
Davenport Ford. James, Jr., and Dicey’s participation in the deed was superflous,
for Junior was not the heir-at-law. His brother John was, but John had moved to
177
Wilkes County, Georgia shortly after the Revolution. It’s possible that their
participation was sought by the buyer as a safeguard.
No households for James Davenport, Sr., or Jr., were listed in Hanover on the
Tax List of 1782, used by the U.S. Census in lieu of the Federal Census of 1790, which
was destroyed when the British burned Washington, DC, in 1814. The list was
apparently missed, for James, Sr., was named on a list in Commonwealth Archives
in Richmond. James, Sr., was there, for among the certificates issued to Hanover
County residents for furnishing supplies to the Continental Army in 1782 was
James Davenport. John Seay, James' neighbor identified in the above deed was
tax listed in 1782 in the district of Thomas Trevilian, Gentlemen, along with others
identifiable as Davenport associates.
11Apr1791 - PROBATE: Estate of Mary Kennedy, late of Louisa County, Decd. Letters
of Administration were granted on the Estate to Dr. Robert Honeyman, whose
bond for £200 was secured by Abraham Fontaine, with James Poindexter witnessing.
(Louisa County, VA, Wills, 3:398, Court Orders, 6:255)
A month after Davenport Kennedy’s estate was corrected and revised in 1789,
the Widow Mary, having been replaced as administratrix, died. The peculiarity of
Mary’s probate was the complete lack of a Kennedy, Davenport, or Graves
participation, all of whom had been active relative to Davenport Kennedy Estate
and Orphans. Administrator Dr. Honeyman had been her husband’s physician in
his final illness, per estate bills paid. The estate value was small compared to that
of her husband. The other principals cited here, Fontaine and Poindexter, had no
record associations with the Kennedys, Davenports, and/or Graves other than
their roles as Louisa County officials.
23May1791 – SUIT: Original suit against Richard Davenport and Alex Moss
brought by Samuel Scott, per Dec. 5, 1792 court record (see 5Dec1792 below).
“Ninety-Six District was created on 29 July 1769 as the most western of the
seven original districts. Its boundaries included the current Abbeville, McCormick,
178
Edgefield, Saluda, Greenwood, Laurens, Union, Spartanburg counties; much of
Cherokee and Newberry counties; and small parts of Aiken and Greenville Counties.
The lands further west were Cherokee Indian lands; Tryon County, North Carolina
infringed on much of its northern boundaries through the 1770s due to poor
surveying” (Wikipedia online).
The Cherokee lands to the west of Ninety-Six District would become Wilkes
County, Gerogia in 1777, by an act of Georgia’s first state constitution. But the land
had been taken in 1773 as part of the "ceded lands north of Ogechee" – the land ceded
by the Creeks and Cherokees in exchange for payment of debt to Indian traders.
These were the deals with the two tribes known as the Treaties of Augusta. We’ve
discussed these previously but we remind that the treaties represented a sweet
arrangement for the US government and white settlers: after the traders drove the
tribes into debt, the government offered those same tribes an opportunity to free
themselves of that debt—at the cost of their land.
A Samuel Scott will later turn up in the 1790 census in Greene County Georgia,
a county directly to the west of Wilkes County. Obviously, Samuel Scott’s records
appearances reflect his westward movement, from the Ninety-Six District in 1780
to Greene County in 1790.
But Samuel Scott came to court in Wilkes County over this matter beginning
in 1791 and then for five years or more: we note his last records appearance relating
to this law suit is in 1796. This suit mattered to Scott: for all of these appearances,
he would have had to travel to Wilkes County, where the court had jurisdiction over
Richard Jr., from Greene County. If he lived just over the border, perhaps this was
not too much of a hardship. If he lived further west, travel would have taken some
effort.
Either Scott’s persistence in this matter is notable or the suit was brought by a
different Samuel Scott.
179
John Moss F[ree]N[egro] & apprentice 2 tithe 1 slave over 16, 1 horse
Alexander Moss F[ree]N[egro] 1 tithe
Samuel Scott, F[ree] N[egro], One tithe
(frame 327)
1811 List of Edward Garland
John Moss & Brother Richd Molattos 2 tithes 3 horses
Martin Davenport free Negroe 1 tithe [frame 457]
Alexander Moss Molatto 1 tithe
Ann Moss & son " 1 tithe 1 horse
1812 List of Edward Garland
Martin Davenport free Negro 1 tithe [frame 501]
Alexander Moss (Mulatto) 1 tithe [frame 506]
Littleberry Moss (Mulatto) 1 tithe 2 horse
Jonathan Moss Mulatto 1 tithe 3 horses
1813 A, List of Edward Garland
Martin Davenport (F. Negro) 1 tithe [frame 542]
Jonathan Moss (Ditto) 1 tithe 3 horses
William Moss (Ditto) 1 tithe 2 horses
Littleberry Moss (Ditto) 1 tithe 3 horses
Anna Moss (Ditto) 1 horse
List of free Negroes & Mulattoes which have not been entered in the foregoing
list, subject to the poll tax [frame 553]
Lucy Moss 1
Alexander Moss 1
Agness Moss 1
John Moss a black man 1000
1819 A
frame 528, A List of Mulattoes & free Negroes in the 1st Hundred
Peter Moss ditto, 1001
Saml Scott, ditto, 1001
Richard of County Line & Albemarle’s son Martin Davenport’s age at first
appearance, in 1811, was 21. He remained on the tax list for Albemarle county
through 1813, and then disappeared from view.
The members of the "Free negro/Mulatto" Moss family have been well
detailed elsewhere (see: Free African Americans of North Carolina, Virginia,
and South Carolina, Volume 2 By Paul Heinegg, esp. p. 870 for Alexander Moss)
The ages of Samuel Scott and Alexander Moss are unknown. The question
is: were these the same individuals embroiled in court with Richard Jr. in
Wilkes County?
Scott family researchers claim an illustrious history for the Samuel Scott
who moved westaward from South Carolina into Indian lands in Georgia,
including a Revolutionary War history as General (or Major or Captain,
depending upon which researcher is talking—and he was verifiably a captain,
180
per records searched). The Samuel Scott they describe was also verifiably a
member of the state legislature from Wilkes County in 1782, where he was
‘taken into Custody” as a result of an “Affront to this House” for which he
apologized to the point of groveling, thereby releasing himself from custody
[Journal of the House of Assembly: From August 17, 1781 to February 26, 1784.
(January 1782 [from State Archives] p. 338]. This Samuel Scott served the state
legislature alongside that old Indian fighter and Richard Jr.’s nemesis, Elijah
Clark [ibid., p. 32]. He was most likely the Samuel Scott who was the eldest son
of John Scott, of Granville County, South Carolina, whose will left him 300
acres of land and nineteen slaves, in Richmond County, GA, as well as “half of
all moveable effects, cattle, moey, etc.” [Will probated Ninety-Six District, S.O.
Nov. 23, 1782].
Per Moss family researchers, Alexander Moss, son of John Moss (named
in father’s will: John Moss- Will dated Sept. 18, 1784, proved Dec. 19, 1785,
Goochland Co VA deed and will book 14 p. 212), had land in what would become
Wilkes County as early as 1773, at the time of the Augusta Treaties. Since the
land was not opened for Bounty distribution until after the Revolutionary War,
this seems highly unlikely. More likely is that Alexander Moss came from
Goochland County (the parent county of Albemarle County) when the land in
Wilkes County came available via headright, just as Richard Jr. did.
Richard Jr. and “Alex Moss” owed Samuel Scott more than thirty-two
pounds, which was a significant sum of money and worth Scott’s trips to court.
The sum of money owed—although not the circumstances occasioning the debt—
also suggest that Scott had money. Most likely, the Samuel Scott who appeared
on Albemarle County Personal Property Tax lists in the first decade of the
nineteenth-century was his son, just as Partin Davenport was Richard of
County Line & Albemarle’s son. The same might be said for AlexanderMoss, of
the Moss family—his mother Anna came out of Buckingham County and
Alexander was listed as a free negro in charge of a household in Nelson County
in 1810, and taxable in Campbell County in 1814.
23May 1791 – STAY: Case Number 23. Ann Wilkinson, Abraham Jones vs. Richard
Davenport. I confess judgment for eleven pounds costs; with stay of levy till the first
day of September next. Richard Davenport. Seaborn Jones, test.
Richard Jr.’s, financial woes continued in Wilkes County, Georgia. Here he came
to court to arrange for more time to re-pay a debt to Ann Wilkinson, of the town of
Washington, Wilkes County, and her in-law Abraham Jones, whose brother (Ann’s
son-in-law) served as witness to the proceedings.
10Jun1791 - DEED: Thomas Eads wife Sarah, to Joseph Kennedy, late of Louisa
County, for £100, 94½ acres in Louisa County by new survey, beginning on Little
Rocky Creek in Richard Davenport’s line, thence North, adjoined by William
181
Dougan on the South, Augustine Woolfolk on the West, and by the Creek ... /s/
Thomas “X” Eads, [No wife signs]. Wit: None. Acknowledged by Eads in Louisa
Court the same day. (Louisa County, VA, Deeds, G: 85)
When a settlement was made of the Davenport Kennedy Estate in 1797, Joseph
was required to sell this tract to settle his debt to the Estate. This was where
Davenport Kennedy’s orphans lived after Richard, Sr., had sold the County Line
tract to Tarlton B. Luck. Settlement of Davenport Kennedy’s estate required that
Joseph sell the tract in order to settle his debts to the Estate. The buyer was the
Rev. Hezikiah Arnold, who had married the Widow Crotia Cassity Kennedy Luck
(see above).
Witness Joseph Davenport was the eldest son of Richard of County Line &
Albemarle. David Woodroof [Jr.] appears to have been a grandson of George
Woodroof of Arnold’s Run, Spotsylvania County, by David Woodroof, Sr., who had
moved to Albemarle (later Amherst) County in the early 1750s. Joseph had left the
County Line community with his father forty or so years before.
19Nov1791 -- DEBT SATISFIED: John Clark, Sheriff, to Buckner Harris, 200 acres in
Wilkes County, Georgia, bounded on all sides vacant when surveyed for Richard
Davenport in 1785, sold at public vendue to satisfy a debt of said Davenport to Ann
Wilkinson and Abraham Jones. Attest: B. Catchings, J.P. [Davidson, Grace Gillam, The
182
Early Records of Georgia, Volume II, Wilkes County (Macon, Georgia: Author, 1933),
492]
No record has been found describing the cause of the debt that Richard,
Jr. owed Ann Wilkinson and Abraham Jones.
The names involved in this action are important. First, the purchaser of
Richard Jr.’s land--for all of nine pounds—was Buckner Harris, Indian-fighter
as well as recently licensed Indian trader (see below). Abraham Jones,
Revolutionary War veteran, had been listed in Anne Wilkinson’s husband’s will
as an executor. John Wilkinson Esq. named Abraham Jones as “my good friend”
but Wilkinson’s connection to Abraham Jones was closer than that. John
Wilkinson’s daughter Sarah Harwood Jones had married Abraham’s brother
Seaborn Jones. Abraham served as an executor to Wilkinson’s will and a
witness to it as well.
Buckner Harris purchased the land and the profit from the sale was used
to discharge a portion of Richard Jr.’s sixteen pound debt. Wilkinson and Jones
were left only partially satisfied but they must have agreed to this, as there are
no records indicating that the court continued collection proceedings against
Richard, Jr.
183
justice—at least as far as Richard Jr. saw it—was recorded in Buckner Harris’s
next court action involving Richard jr. That was a criminal proceeding over
Richard Jr.’s assault on Buckner Harris.
Richard Jr. offered his own kind of respoinse to this sale before he left
Wilkes County and in that response we can see Richard Jr.’s frustration,
outrage, anger, and paralysis--all of the qualities of a man who has been
wronged and can do nothing effective about it.
13Dec1791 – MARRIAGE BOND: James Arnold to Nancy Lumsden, she of full age by
oath of George Lumsden, father. William Lumsden, Henry Lumsden, securities and
witnesses. (Louisa County, VA, Marriage Register, 1766-1961, 40).
James and Nancy would join the exodus to South Carolina by various Arnolds,
Pettuses, and John Davenport, son of Richard of County Line & Albemarle. Charles
Davenport, John’s brother, already lived in the Abbeville District.
31Dec1791 – FEES OWED: John Poindexter, Clerk of Courts of Louisa County, listed fees
owed the Clerk’s Office for services performed during the Calendar Year of 1791. The
long list included among many others:
Whether the numbers refer to pounds of Tobacco, shillings and pence, dollars
and/or cents is unclear. Tobacco as a medium of exchange had largely gone out of
fashion in 1791, shillings and pence customarily were divided by slashes (/), and
dollars and cents were not yet in wide acceptance even though they were alternate
legal tender.
-----1792 – BIRTH YEAR: George Davenport, son of Joseph Davenport, born this
year in Amherst County, Virginia. (Deduced from George’s given age of 58 and born
Virginia in Census of 1850, enumerated in Perry Township, Monroe County, Ohio,
Family No. 70)
184
2Mar1792 – JUROR: Richard Davenport was a juror in the trial of Miller vs. Bowling
to Set Aside a Verdict. (Campbell County, VA, Court Orders, 4&5, Part 1: 48)
31Mar1792 - PERSONAL PROPERTY TAX LISTS filed with Commonwealth: Louisa County
Joseph Kennedy had moved across the North Anna into Spotsylvania.
He would not stay long.
186
31Mar1792 – TAX LIST: Taxable Property of Inhabitants of Captain Walker's District,
Wilkes County, Georgia, received by Captain Henry Ware, Esquire.
Source: Some Tax Digests of Georgia," Ruth Blair, State Historian and Archivist
This is the first tax digest found in the Wilkes County Court House, and was
taken to give as practically as possible a complete census of the heads of families
of that date, to identify their lands as either headrights or bounty grants for
Revolutionary service, and to replace in a measure the census of 1790, all of which
for Georgia was destroyed by the British during the War of 1812 in Washington,
D. C. There is no complete tax digest until 1802, only a few pages left in the interim.
The remnants for 1792, 1793, 1794 have been published in "Some Tax Digests of
Georgia" Ruth Blair, State Historian and Archivist.
This tax information is puzzling: Richard Jr.’s original 200 acres, “bounded on
all sides by vacant” land when originally purchased and then added to by Richard
Jr.’s purchase of an additional 196 acres adjacent, no longer belongs to Richard
Jr. in 1792. We would expect to see the 196 acres here, but we do not. We have been
unable to find a record of a sale of that 196 acres and we know that Richard Jr.
departed Wilkes County, Georgia in 1792, returning to Albemarle around the time
of his father’s death.
This tax record remains an enigma, as does the disposition of the 196 acres.
Extant Wilkes County records for this period are in bad shape and it may simply
be that the records that would explain both of these matters have been lost.
16Jul1792 - DEED: Hugh Rose, wife Caroline Matilda, to Phillip Burford, all of Amherst
County, for £104, 104 acres in Amherst County on Harris Creek, adjoining David
187
Tinsley, Valentine Cox ... /s/ Hugh Rose, Caroline Matilda “X” Rose. Wit: David
Tinsley, Geo. McDaniel, Wm. Davenport. (Amherst County, VA, Deeds, G: 144)
16Jul1792 - DEED: Hugh Rose, wife Caroline Matilda, to David Tinsley, all of Amherst
County, for £145, 145 acres in Amherst County on Harris Creek, adjoining said David
Tinsley, Tinsley’s Mill ... /s/ Hugh Rose, Caroline Matilda “X” Rose. Wit: Philip
Burford, Wm. Davenport, and Geo. McDaniel. (Amherst County, VA, Deeds, G:
146)
28Jul1792 – DEED: William Bradburn, wife Molly, to Garrett Kennedy, all of Louisa
County, for £100, 290 acres in Louisa County in two tracts on waters of the South Anna
River, adjoining Mary Wash, Ursula Cooper, William Wash… /s/ William Bradburn,
Mary “X” Bradburn. Wit: None. (Louisa County, VA, Deeds, G:220)
Both Kennedy and the Washes here were located over the drainage ridge of the
North Anna, at least seven miles from the Rocky Creek community on South Anna
waters.
Aug1792 – INDICTMENT. The State vs. Richard Davenport. Wilkes County, Georgia.
No Bill. J. Conelly. Foreman. Buckner Harris (Jr, ] Benajah Smith, Frederick Sims,
Thomas Wooton. Georgia, Wilkes County. The Jurors for the County aforesaid That is to
say David Creswell Jr., Benj. Smith, Jno Ramey, Jas Hubing [?]. Jno [?],
Thos..[unreadable…] Jas Brewer, Peter Pickett, Geo. Dooley. Upon their oath present,
That Richard Davenport late of the County aforesaid, Yeoman, on the eighth day of
May in the year of our Lord one thousand seven hundred and ninety two with force and
arms at the town of Washington in the County aforesaid in and upon Buckner Harris in
the peace of God and the Said State then and there being did make an assault and him
the said Buckner Harris then and there did beat wound and ill treat. So that his life was
greatly despaired of and other wrongs to the said Buckner Harris then and there did to
the great damage of the Said Buckner Harris against the peace and Dignity of the Said
State the Safety and welfare of the Inhabitants thereof. August term 1792. [unreadable
signature]
Richard, Jr., “late of the County,” had departed for Albemarle. Before
Richard Jr. left, took revenge for the loss of his land. The complaint will remain
unresolved—or at least, no records remain for its resolution. With Richard, Jr.
out of the county, it may be that Buckner Harris filed his complaint in an effort
to make sure that Richard, Jr. would not return.
188
We can’t know what was in Richard, Jr.’s mind but we do know that he’d
assaulted an important man. According to Harris family genealogists, Buckner
Harris was the son of Walton Harris and extraordinarily well-connected. His
father was born in Virginia in about 1739, lived in Brunswick County, Virginia,
traveled to the fisheries along the Yadkin River in North Carolina, and from
there, made his way to Greene County, Georgia, where he was among the first
settlers. There, Walton Harris belonged to the first Grand Jury of Greene
County and was a member of the General Assembly of Georgia in 1783. He
served in the Revolution as a Captain under General Nathaniel Greene. Both
Walton Harris and his brother David (for whom the town of Harrisburg,
Georgia was named) as well as two of his sons—Buckner and Sampson--were of
Continental troops under General Greene and Elijah Clarke in the campaign at
and around Augusta, Georgia, where Walton Harris was taken prisoner.
At the time of the Revolutionary War, Augusta already had a long history
as an Indian town, a trading town, and a town embroiled in skirmishes over the
co-existance of whites and Creeks, as well as members of other southeastern
tribes. In the early part of the eighteenth-century, the British government
focused on maintaining trade with the Indians and encouraged peace and
harmony among whites and Indians. Mixed-race marriages were common and
newcomers were often surprised by the number of European-appearing
children living in Indian towns. In the lead-up to the Revolution, relations
between whites and Indians became increasingly tense. White settlers wanted
Indian land and Indians were pro-British. The American Patriots of Georgia—
the name of the troops that served in the Revolution—saw the Indians and the
British as more or less equivalent enemies. So it came as no surprise to the
Indians that the new American government would set aside any interest in
trade as the economic base for the region and focus instead on land.
After the revolution, however, the American government needed land to
pay out its bounties for Revolutionary War service. It quickly determined that
Indian land in Georgia could be paid out as bounties. Incursions into Indian
land—the land west of the Oconee River—were part of the government’s
aggressive land-grab campaign and the pre-cursor to Indian removal under
Andrew Jackson—the Trail of Tears, which would come 50 years later.
As a result of his Revolutionary service and the government’s increase of
US lands in Georgia, in 1785, Walton Harris was granted 400 acres of land in
Wilkes County. The family prospered in Georgia and by 1803, four of Walton
Harris’s sons were serving as representatives of the counties in which they lived.
Buckner Harris, the oldest son of Walton Harris and Rebecca Lanier, and
the target of Richard, Jr.’s animosity, was born in Virginia in approximately
1761 and moved to Georgia with his parents as a young man of 24. He fought
with the Continental troops at the siege of Augusta, Georgia, where his father
was captured and where the fortress was held by British Colonel Brown.
189
In 1790, Buckner Harris petitioned Edward Telfair, then Governor of
Georgia, to request a license to trade with the Cherokee Indians, as well as
Indians of other nations, in the vicinity of Greene County, Georgia. Seaborn
Jones signed a recommendation in support of Harris’s petition. (Digital
Library of Georgia, Document ID: tcc324) Trade among the Indians in Georgia
had been licensed since the second decade of the eighteenth century, when the
state’s British governor created the licensing system to reduce exploitation
among the Indians and to create harmony among white settlers and the tribes.
Licensing was suspended at mid-century and restored toward the end of the
century. But by the time Buckner Harris applied for a license, there was plenty
of ill-will between the Creeks and the white settlers—and plenty of opportunity
for whites to make a buck “trading” with the Indians.
On October 2, 1793, Brigade Major Buckner Harris (1st Brigade, 1st
Division) wrote to James Seagrove, Indian Agent Creeks, Southern Department
of the United States, to tell of skirmishes with the Indians. In his letter, Harris
reported that a party of militia brought in 8 prisoners and killed several
Indians, which was consistent with the orders of Georgia Governor Telfair, who
instructed several officers on the frontier that they should pursue any Indians
who stole horses or committed hostilities. Telfair also instructed Harris to
inform Brigadier General [Elijah] Clarke to pursue and kill any Indians
committing outrages. Seagrove certified the letter as a true copy. [This
document is enclosed in a statement relative to the South Western frontiers, as
connected with the state of Georgia and Creek Indians, the south Western
territory of the United States and the Cherokees submitted to the House of
Representatives on December 4, 1793. This document is an integral part of
[Public Reports] and other communications of the Secretary of War,
12/99/1793.] (Copy of document. Papers of the War Department. National
Archives and Records Administration: 3rd. Con, House, Sec War Confidential
reports, RG 233)
Six days before, on September 26 1793, Lt. Col. William Melton, in Greene
County, had contacted Governor Telfair to report that he had burned huts in
Creek town, killed Warriors, and taken prisoners. In his letter, Melton asks that
prisoners be moved away from frontier people for their own safety. He writes
that he is in need of arms and ammunition and says the frontier may need to be
evacuated if no resupply is forthcoming. (Letterbook Copy, Papers of the War
Department. National Archives and Records Administration: 3rd. Con, House,
Sec War Confidential reports, RG 233)
Seagrove, stationed at Fort Fidius, follows this letter, on October 9, 1793,
with one of his own, to Henry Knox, then Secretary of War. Seagrove reports
the he has not been able to conduct a peace mission with Creek leadership
because of attempts by the people of Georgia and militia to interfere with his
efforts. (This is another way of saying that the Georgia Militia and the general
population continue to fight with the Indians.) He recounts the report of
Captain Sanford of the Georgia militia, who returned from an expedition of
190
Creek Towns under Colonel Alexander and others, in pursuit of some horse
thieves. This expedition surprised the friendly town Little Oakfuskee, under
White Lieutenant, a known Creek friend. The town was plundered and burned,
and Indians were scalped and killed. Seagrove suggests this was a deliberate
effort by the Georgia militia to undermine peace efforts with the Creek nation
and accuses Governor Telfair of ordering these actions. He says he will not meet
with Creeks until the people and militia of Georgia can be restrained. Seagrove
encloses a copy of the letter from Telfair outlining his conditions for peace, his
letter to Telfair, and the letter (above) from Major Buckner Harris. [Cited in
Seagrove to Knox, 10/14/1793.This document is enclosed in a statement relative
to the South Western frontiers, as connected with the state of Georgia and Creek
Indians, the south Western territory of the United States and the Cherokees
submitted to the House of Representatives on December 4, 1793. This document
is an integral part of [Public Reports] and other communications of the
Secretary of War, 12/99/1793.] (Papers of the War Department. National
Archives and Records Administration: 3rd. Con, House, Sec War Confidential
reports, RG 233)
Seagrove’s letter amounts to an outcry of “What the hell?” Although he
has been tasked with one set of instructions by the federal government—which is
to restore peace and harmony following the Oconee War (see below)—his efforts
are being thwarted by the state government and the people of Georgia, who
seem to feel it is their right and duty to kill Indians they suspect of wrong-doing.
Certainly the area continues to reflect the reality of violent tensions between
whites and Indians. Fort Fidius, in what is now Baldwin County and where
Seagrove was stationed, was one of a string of forts built on the Indian
Boundary. The first settlement in this section, called Federal Town, was made
up of four frame houses, a dozen or more cabins and a fort. Many of the soldiers
at Federal Town were killed in Indian fights so a new fort was built several
miles up the river and named Fort Fidius. In 1794, Fort Fidius Commander
Roberts complained to the Secretary of War that he had only 69 able-bodied
men to face 10,000 Indians. In 1797 the U.S. Government replaced Fort Fidius
with Fort Wilkinson [named, perhaps for Wilkinsons who were related to
Seaborn and Abraham Jones, see records above] and built the new fort on the
west side of the river on Indian lands. This aggressive move was coupled with
the fact that the new fort once had the largest garrison of Federal troops south
of the Ohio River. The Lower Creek Indian Agency was located here from 1796
until 1806, when it relocated to Fort Hawkins.
What does all of this have to do with Richard, Jr.’s assault on Buckner
Harris? First, the turmoil over Indian encounters in Georgia from the mid 1780s
through the end of the century—precisly the time that Richard, Jr. appears in
Georgia—cannot be under-estimated nor over-stated. Second, Buckner Harris’s
report occurs in the context of the war the Creeks declared against the United
States in April of 1793. This declaration was a re-emergence of the Oconee War,
begun in the 1780s and extending into the early 1790s—a war driven by the US
Government’s desire to grab Creek land in order to claim as much land in the
191
territory as possible for Revolutionary War Bounties. War Department
archives contain a large number of holdings on the tumult of this time and will
be of interest to those researching that conflict. For our purposes, the records
presented here provide evidence of Buckner Harris’s involvement in the actions
against the Creeks—contrary to the intent of Indian Agent James Seagrove,
charged with making peace, and the US Government, which wanted to have
peace with the Creeks AND to take Creek land. Buckner Harris’s antipathy to
the Creeks is apparent in his slightly defensive letter to Seagrove, in which he
clearly defends the right of the militia and the settlers to kill Indians. This,
coupled with his experience in exploitation of the Creek and Cherokee as an
Indian trader, provides a damning backdrop for his harassment of Richard, Jr.,
who—with his Wilkes County neighbors—he drives from his land in Wilkes
County (see below).
By the time he encountered Richard, Jr. in Wilkes County, it’s safe to say
that Buckner Harris was firmly in the anti-Indian camp. He had fought Indians
since he was a young man, fought them in Georgia in the Revolution, and fought
them after the Revolution in the counties where he lived and worked. He cannot
be said to be neutral when confronted with Richard, Jr.’s dark complexion nor
Richard, Jr.’s reputation as a “rogue” or as an individual as bad a a slave who
steals. Even though Richard Jr. had won his defamation battle in court, and had
brought suit over his imprisonment by Edward Jones Esq., successfully
asserting his citizenship in the process, he could not over-come his complexion,
at least not in the eyes of Buckner Harris. And Buckner Harris was an
influential man, a man appointed as Justice of the Peace in Wilkes County, a
man whose name appears as “J.P” on any number of deeds formalized during
the time he lived in Wilkes County, a man who clearly had the respect of his
neighbors.
By 1798, Brigade Major Buckner Harris has departed Wilkes County and
opened the Adellam Ironworks in Jackson County, Georgia and entered into a
contract with the US Government to supply cannon balls for the price of $400.
In 1802, he entered into articles of agreement with the Secretary of the Treasury
(Oliver Wolcott) to supply four thousand cannon balls of five and half inch
diameter and deliver them to the collectors of sundry southern states.
Buckner Harris married Nancy Early, a cousin of Governor Peter Early.
They moved to that part of Franklin County, Georgia, that became Jackson
County in 1796. Buckner was elected to represent Jackson County in the Georgia
General Assembly and did so as part of the county’s first delegation. He served
from 1797 to 1801 and again in 1804-05. He also served as a Judge of the
Inferior Court (County Commissioners) of Jackson County from 1799 to
1809. The seat of Jackson County was moved, by act of the General Assembly,
from Clarksboro to Jefferson in 1806. The act appointed Buckner and four
others to be the Commissioners or official board of the new town. (Historical
Notes on Jackson County, Georgia. Frary Elrod, 1967.)
192
Buckner Harris achieved the rank of General in the War of 1812 and led a
force of American troops into East Florida while Florida was the property of
Spain. Although this activity had been secretly ordered by James Madison’s
cabinet, the Government’s complicity in the matter was denied when the Spanish
government protested. Buckner Harris was assassinated on May 5, 1814 by
someone in ambush after the Spanish governor offered a reward for his
death. The Athens, Georgia newspaper carried the news of his death as: “General
Buckner Harris fell in battle in Florida--.”
After Buckner Harris’s death, his widow and their seven children (Early,
Sophia, Letitia, Wiley Pope, Buckner, Jr., William Crawford, and Charles
Walton) decamped for Jackson, Mississippi.
17Aug1792 - LAST WILL & TESTAMENT: Richard Davenport of Albemarle County made
this date, probated Feb1793. "Sick in body." Named “dearly beloved wife Elizabeth
to have plantation and tract of land whereon I live,” including all household goods and
Slaves during life. Slave Jenny to have freedom after wife’s death. Slave Martin, age
three next January, to be set at liberty at age 21. Slave Beck, an old female, to be set at
liberty “on my death.” Son Joseph to have Slaves Betty, Scott, Celia, and Sarah and
£20; son Charles to have Slave Blacksmith Harry and all his tools, also “my riding
horse and saddle,” and after death of wife Elizabeth to have Slave Charles; son
Richard to have £120 to be deposited with son Charles and by him laid out in the
best interests of said Richard, and said Richard to have “my wearing apparel”;
Thomas Jones, husband of daughter Mary, to have £100 to be deposited in the
hands of Samuel Dyer, merchant, and by him laid out in the best interest of said
Jones; Sarah Taylor, daughter, to have 20 Shillings; son John to have Slaves
Hannah, John, and Will; son Martin Davenport to have Slaves Ned, Jean, and
Nancy; son William to have Slaves Tim, Ben, and Jerry. All remainder of estate,
including all lent to wife Elizabeth during her lifetime, to be divided equally among
sons Joseph, Charles, John, Martin, and William. Executors: Nicholas
Hamner, Samuel Dyer ... /s/ Richard "X" Davenport. Wit: John Miller, Robert
Perry, William “X” Fortune, Alexander Gordon. (Albemarle County, VA, Wills, 3:177)
By 1792, Richard of County Line & Albemarle was in his late 70s to mid-80s.
Son Joseph lived in Amherst County. Son Charles Davenport had gone to South
Carolina in the mid-1780s. Son John had joined Charles in South Carolina within
the past year. Son Richard Jr. had gone to Georgia in 1784, but would return to
Albemarle County upon Richard of County Line & Albemarle’s death. Son Martin
was a planter in Albemarle County on land adjoining his father, but would move
to Charlotte County c1800, then move with in-laws to Adair County, Kentucky, in
1809. Son to William had gone Kentucky, whereabouts uncertain.
Both William and Robert were approaching their majorities, if not already
there. The youngest, William, had been born in 1773.
21Nov 1792—CODICIL: I JOHN LEWIS upon further and more mature consideration
(?)preciate my worldly affairs and for preventing any disputes which might arise after
my Decease concerning the Same Do Hereby add this Codicil to my Will as with in
Written (every part of which I do hereby confirm and Desire that this Codicil now
added may likewise be held Deemed and taken to all Intents and purposes as part of
my Said Will - (Viz)
Item whereas I have hereto fore at Divers times and seasons according to my
pleasure Given and Delivered unto every and each of my Children to the Sons and
Daughters some parts or portions of my Estate where at the time they went from me
or at other times) Consisting Negroes Stocks other Articles--Now therefore to cut off
all occasions of Dispute Respecting the Same. I do hereby confirm unto all and each
of my children and their Heirs and Lawful Representatives all the Slaves, Stocks or
Other property of all the Increases thereof or what nature or kinds to ever which I
have hereto fore from time to time or at anytime before this Day or before my
decease given and Delivered to other or each of my Said Children Respectively and
that the Sum properly shall Stand Confirmed to them and way of them to whom it
was so given in as full and ample manner as if each of my said children were here
particularly named & the property so given them severally specified.
In Witness where of I have here unto set my Hand & Seal this 21st day of
November 1792.
William Cowell
Mildred Cowell
194
Once again, John Lewis, father-in-law to Richard Jr., failed to name his heirs. In
this codicil, he seems anxious to head off some sort of dispute—to nail down his
intentions firmly, as it were, and to make sure that any children who might have been
absent from Albemarle were treated as fairly as those who remained within the
county—and that all of his children remembered that they have already been given
items to support their starts in life.
We don’t know precisely when Richard Jr. and his wife Jane Lewis Davenport
returned to Albemarle but in 1792, when this codicil was produced, they may still have
been in Georgia. If that was the case, the 1792 tax digest entry listing Richard Jr. on
land in Georgia is explained. Perhaps, by way of this codicil, John Lewis wanted to
make sure that her siblings did not take advantage of Jane Lewis Davenport’s
absence.
5Dec1792 - DAMAGES OWED: Samuel Scott came to court again to attempt to collect
the damages owed him by Richard Davenport and Alex Moss, which amounted to thirty
two pounds, ten shillings specie, plus two pounds three shillings four pence in court
costs.
31Dec1792 – FEES OWED: John Poindexter, Clerk of Courts of Louisa County, listed fees
owed the Clerk’s Office for services performed during the Calendar Year of 1792. The
long list included among many others:
15Jan1793 -- MARRIAGE. William Davenport & Mary Neal, daughter of William and
Ann Wright. Surety: Jacob Wade. Married by Jeremiah Hatcher, 17Jan1793.
(Bedford County, VA Marriages, ?;? )
Neither of the sons of Richard of County Line & Albemarle, namely Joseph and
Martin, who either resided adjoining Richard or were within a day’s ride south of
Richard, was involved in the execution of their father’s will.
Security Samuel Shelton was allegedly the father of John Lewis’ wife; their
daughter Jane married Richard Davenport, Jr. Notice is taken of the Fortune
presence in proving the will, for beginning in 1787 the Fortunes were participants
or associates in New Kent/Hanover Davenport public record activities.
The relative of the deceased member of the appraisal jury could have been
Hamner, the Fortunes or both.
Richard of County Line & Albemarle had died earlier in the year.
Richard, Jr. had returned to Albemarle. He continued to appear in court
documents in Wilkes County through 1797 but these cases—with the
196
exception of Richard, Jr.’s case against David Murray, which may have
gone unsettled because of Richard’s absence—were all cases against him
and could be recorded without his presence.
In later years, some of Richard, Jr.’s children married those of his elder
brother Joseph, of Amherst County.
Lexington Parish
Joseph Davenport, 2 White Tithes, 4 Slaves, 2 Horses, 7 Cattle
31Mar1793 - PERSONAL PROPERTY TAX LISTS filed with Commonwealth: Louisa County
197
Henry Garrett’s List
Thomas Eads, 1 White Tithe, 3 Slaves, 2 Horses, 580 Acres
William Davenport, 1 White Tithe, 3 Slaves
William Sr., the Pamunkey, and James Kennedy, son of Charles Kennedy.
198
These were the brothers Davenport, sons of Richard of County Line &
Albemarle, giving their power of attorney to their father’s executors. Witnesses
William Kennedy and Fields Kennedy, brothers, were sons of Charles Kennedy and
his wife Crotia Davenport of Hanover/Louisa.
By this Louisa recorded document, William Kennedy and Fields Kennedy had
returned to Virginia to prove this document (likely they brought it North). Soon
after, as previously reported, they went to Greene County, Georgia, where William
died before the end of the year—after obtaining land and making a will-- leaving
his entire estate to his brother Fields. William had absconded from Hanover,
taking slaves and assets belonging to the Charles Kennedy Estate to Georgia.
There obviously was a close relationship between the sons of Charles Kennedy
and the New Kent/Hanover Davenports. Given the identification of Crotia
Davenport as a sister of Richard of County Line & Albemarle, it’s easy to
understand that close relationships, for Charles and John Davenport were first
cousins to William Kennedy and Fields Kennedy. Crotia was their aunt and
Charles Kennedy, their uncle.
This was the same Charles Davenport, son of Richard of County Line &
Albemarle, who had joined in a Power of Attorney to his father’s executors on
10May1793. In South Carolina, a Justice of the Quorum was empowered to hold
County Court. A Justice of the Peace had no County judicial powers and acted only
within a district of the County. Charles had been a Justice and Magistrate in
Virginia, empowered to hold both JP and County Court.
17Sep1793 - DEED: William Arnold, wife Judith, of Spotsylvania County, and George
Lumsden, wife Elizabeth, of Louisa County, to William Smith, of Louisa County, for
£20/15 Virginia, 188½ acres in Louisa County, adjoining Colonel Robert Anderson
and Waller Goldsmith—being one half of a tract taken up by Charles Smith and John
Lewis, Dec’d. ... /s/ William Arnold, Judith Arnold, George Lumsden, Eliza
Lumsden. Wit: William Callis, William Smith, William Mead. (Louisa County, VA,
Deeds, G: 362)
21Oct1793 – LAST WILL & TESTAMENT of William Kennedy, of Greene County, Georgia;
made this date; probated 12Dec1793, named brother Fields Kennedy, to have “whole
of my estate both real and personal.” Executor: Thomas Carleton. /s/ William
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Kennedy. Wits: James Milligan, Tho. Owen, Nathan Breedlove, Martha Carleton
(Greene County, GA, Wills, A&B:232 )
This was William, son of Charles Kennedy. William in concert with brother
Fields Kennedy left Virginia concurrent with James Davenport, Sr., who settled in
Ogelthorpe County, Georgia. William was located on his deceased father’s land in
Hanover County, Virginia, prior thereto and was a co-executor of Charles
Kennedy’s Last Will &Testament with his brother-in-law William Wash and the
Widow Crosha, the latter being replaced by James Kennedy, another son of the
Deceased. Six months earlier, William and Fields Kennedy had been in Abbeville
District, South Carolina, witnessing a deed of Louisa County, Virginia, land from
Charles and John Davenport.
The inventory and appraisement of William Kennedy’s estate was filed with
the Greene County Court on 18Mar1794, totaled £297/1/10, and included 1 Negro
Man Davis @ $70; 1 Negro Woman Winney @ $55; 1 Negro Woman Milley @ $55;
hand and farm tools, livestock provisions, household and kitchen furniture, seed
cotton, and books: Bible, small dictionary, History of England, and Young Man’s
Companion. Other accounts of the Charles Kennedy Estate suggest that the Slaves
in William’s estate inventory belonged to the Charles Kennedy Estate and were
removed illegally from Virginia. (Turner, Freida, Greene County, Georgia, Wills
1786-1877.)
28Oct1793 – INDENTURE: Ordered that the Overseers of the Poor do bind out John Neal
to William Davenport according to Law. (Bedford County, VA, Court Orders,
10:266)
This William was the son of Glover Davenport and a grandson of Martin, Sr.,
of Hanover. He would remain in Bedford for the next thirty years, at least.
This was Samuel Scott’s third attempt to collect his damages for the suit he
brought in May of 1791, a few short months before Richard Jr.’s land was sold by the
sheriff at public auction. The debt will remain uncollected. Richard Jr. had returned
to Virginia.
An Alexander Moss appears on 1806B tax list for Albemarle County as: “
Alexander Moss F Molatto 1 tithe” ( Albemarle County Personal Property Tax List
1800-1813)
200
18Nov1793 – PERFORMANCE BOND: Joseph Davenport and Ambrose Rucker, his
Security, posted a bond of $4,000 Virginia currency to secure said Joseph’s
performance as one of the Inspectors of Tobacco at Tye River Warehouse in Amherst
County. Wit: J. Callahan, DCC. (Amherst County, VA, Wills & Administrations,
3:289)
The Tye River watershed was in that part of Amherst that was set off as
Nelson County in 1807, which may account for the disappearance of Joseph fr0m
Amherst tax lists in 1807. Joseph, eldest son of Richard of County Line &
Albemarle, never owned land in Amherst or Nelson, i.e. was never a freeholder--
but he was a slaveholder.
201
1794 – LAWSUIT: Samuel Scott vs. Richard Davenport, Alex. Moss. Ex. Sheriff
report thereon. The above writcourt (?) of (si sa? Fi fa?), being [unreadable], the
defendant Alex. Moss made oath, that the same issue (?) illegally, and nothing
being shown to the Court to why the illegality thereof, the application of the
defendant is discharged. (Wilkes County Superior Court Minutes)
1794 – LAWSUIT: Samuel Scott vs. Richard Davenport. Same jury as the last.
Sheriff’s report of property drawn by John Lines (Lewis?). Claimant witness
(crossed out unreadable) we the jury find the land not subject to the execution.
(Unreadable) The application of the defendant is discharged. (Wilkes County
Superior Court Minutes)
9-20Feb1794 – PUBLIC SALE: Estate of Robert Pogue, late of Wilkes County, Georgia,
Decd. Among buyers at sale were Wm. Harvie, Samuel Shannon, and James
Davenport . [Davidson, Grace Gillam, The Early Records of Georgia, Volume I,
Wilkes County (Macon, Georgia: Author, 1933), 111]
William Harvie was the father of Margaret Harvie, who had married John
Davenport, son of James Davenport, Sr., formerly of Hanover, now of Georgia.
Harvie would return to Charlottesville, Virginia, to die. Samuel Shannon would
marry Sally Kennedy, daughter of Davenport Kennedy, who had moved to
Georgia from Louisa County, Virginia, with her sister Dicey and her husband,
James Davenport, Jr., in 1791-92. Shannon appears later in this chronology when
he went to Louisa County, Virginia, to claim his wife’s share of the Estate of
Davenport Kennedy, and as agent for his brothers-in-law James Davenport, Jr.,
and Ambrose Edwards, also married to daughters of Davenport Kennedy.
15Mar1794 – JURORS: Joseph Kennedy and Jesse Davenport were both jurors for the
trials of (1) James Wallace vs. Micajah Boing in Trespass, Assault & Battery, and (2)
Micajah Chiles vs. Kenan Mills in Case. (Albemarle County, VA, Court Orders, 1793-
1795, 66, 68)
202
Davenport in those records provide a mixed message as to a family relationship.
The three were of similar ages. William Davenport surely was the eldest, with
Jesse and Joseph being of similar age. All three had grown up in a neighborhood
straddling the Hanover-Louisa Line, surely had developed friendship if not family
bonds. This was Joseph’s first of many appearances in Albemarle Court records.
William of James, Sr., elder brother of Jesse, was a carpenter/builder who also
kept an ordinary or tavern/inn. Having been settled in Charlottesville for a
decade, it’s possible that William had taken Joseph’s assignment while Joseph was
still living in Louisa. Joseph was in this Court as a juror, but his claim against Price
was being prosecuted by William Davenport.
203
31Mar1794 - PERSONAL PROPERTY TAX LISTS filed with Commonwealth: Amherst
County
Lexington Parish
Joseph Davenport, 2 White Tithes, 5 Slaves, 2 Horses, 8 Cattle
William Davenport, 1 White Tithe, 1 Horse
Martin Kennedy, surely still in his mid-20s, was now living on the
300-acre manor which had been devised to him and his brother Fields. He
was still there 50 years later.
31Mar1794 - PERSONAL PROPERTY TAX LISTS filed with Commonwealth: Louisa County
204
Thomas Eads, 1 White Tithe, 3 Slaves, 3 Horses, 580 Acres
William Davenport, 1 White Tithe, 3 Slaves
Source: Louisa State Property Tax Lists
Although he had surely grown up in the Richard, Sr.’s, household, for he was a
small child when his father died and his mother married Richard, and Martin and
William Davenport were his half-brothers, there was no Davenport participation
in the affairs of Nicholas Hamner’s estate. There were no Davenport-Hamner
associations in Albemarle records after Nicholas’ death. Hamner researchers aslo
suggest that Nicholas
This action documents that Richard Davenport, Jr., had returned to Albemarle
County from Georgia after his father’s death. Richard Jr. had not been held in high
esteem by his father, who had placed his cash legacy in the hands of his brother
Charles, to be doled out as Charles deemed appropriate.
Unlike William and Jesse Davenport, who lived in Charlottesville and were
constant participants in Court procedures, Richard, Jr., and younger brother
Martin were planters, and rarely appeared in Albemarle Court records, unless
they were prosecuting or defending a cause or answering a Court Order. For his
part, Richard, Jr. may have been cowed by his many court appearances in Wilkes
County, Georgia, where his land and honor were both at issue, nearly from the
205
moment he arrived. He may have decided to remain quiet rather than incite his
neighbors.
3 June 1794— CODICIL TO LAST WILL & TESTAMENT: John Lewis of Albemarle County.
I JOHN LEWIS (being yet spared by the Divine Goodness and still anxious for
the peace and welfare of all my Children, Do hereby or further consideration add to
my Will & Testament & the former Codicil (both hereto and next) Every part of both
which I do hereby confirm except such parts of either as I Shall & do hereby alter by
this Second Codicil which also I desire may be held Derived & Taken as part of my
Said last Will and Testament (Viz.)
Item Whereas in the former part of this Will hereto annexed and Recited. I have
ordered and directed that all my Lands Should be equally Divided between my two
sons John & Owen Lewis which if so done may be both unequal and inconvenient.
Therefore my will and Desire is that whereas the Tract I now live on containing 800
& is Divided already in two surveys of 400 acres each and as I have besides a small
tract of forty two acres lying on the big Totear Creek and adjoining the lower 400
acres each as it now stands and that the said forty two acres last mentioned shall be
equally to the lower 400 acres whereto it is contiguous and with it Shall be
considered as one entire lot and the upper 400 as one other Lott--and whichever of
my sons the said lower Lott shall fall to Shall have to said 42 acres also without
further consideration of the said Quantity.
Item. Whereas in the former part of this my will I have ordered and Directed
that all the Slaves I Shall Dispossess of should be equally Divided amongst all my
children which respecting my Daughters none of my sons would be unequal--
Therefore my Will and Desire is that before any such Division shall take place--each
206
of my Daughters or their legal representatives shall have one of the said Negroes I
shall so leave at my decease (Viz.)
To my Daughter Anne Tindal & her heirs I give my negro man Jupiter.
To my Daughter Sarah Cobbs I give my Negro man Harry and also a little Negro
Stefnney which I have already given to my said Daughter Sarah but not delivered.
In addition to the Executors already named in the former part of this my will I
do hereby constitute and appoint Samuel Dyer to be also one of my executors and to
act as such conjointly with the other before mentioned—
In witness whereof I have and here unto set my hand and Seal this 3rd of June
1794.
William Hopkins
Ann S. Hopkins
At long last, John Lewis named his children, including his six daughters. Of
interest here is “Lucy” Davenport. This is Lucy Jane Lewis Davenport, by other
evidences (see below), sometimes known as “Jenny” or “Jincy.”
207
3. Sarah Lewis, b. 25 Jan 1740
4. Mary Lewis, b. 26 Jul 1747
5. John Lewis Jr b 6 Jun 1749
6. Owen Lewis, b. 12 Sep 1750
7. Susanna Lewis, b. 29 Oct 175- (prob 1752)
8. Zachariah Lewis, b. 11 Apr 1754 (prob died young)
9. Lucy Jane (Jenny / Jincy) Lewis), b 22 Mar 1759
According to Lewis family searchers, this list was drawn from Michael Cook's
book Pioneer Lewis Families (vol. 5, p 79). Cook found the list in: William Adam
Hocker, 1844-1918, Justice of the Supreme Court of Florida: A Biography with Some
Account of His Ancestry and Family Connections. (Elizabeth Marshall Venable.
Miller Press: 1941). Allegedly, Hocker himself found the list in an old hymnal that
had belonged to William Lewis, a grandson of John Lewis, Sr.
In brief, Cook’s book claims that JOHN LEWIS was born 1718-20 probably in
St. Peters Parish, New Kent County, Virginia and died 1799 in Albemarle Co,
Virginia. Cook further claims that John Lewis married Sarah Shelton, daughter of
Samuel Shelton and Judith Clough. Samuel’s will was probated February 1793.
John and Judith’s children were Clough, Lucy Jane called Jincy, and Owen b 1752
who married Sarah Perkins daughter of Joseph Perkins whose will was probated
Louisa County, Virginia, Nov 11, 1811 (and Alice Taylor). Cook also claims that
John’s father was John Lewis born about 1691. Cook claimed that John and his
brothers Owen & James were orphaned by 1691. Other searchers claim that John
himself said his father was named Owen Lewis. DNA testing has proven that the
theory that this Lewis family dates back to a John Lewis b. 1691, Monmouthsire,
Wales is incorrect.
(And we note that one Lewis daughter married a Wingfield son, just as one
Davenport son would marry a Wingfield daughter.)
15Aug1794 – JUROR: Martin Davenport was a juror for the trial of John Price Vs.
Zacharias Maupin in Case. (Albemarle County, VA, Court Orders, 1793-1795, 217)
8Sep1794 - ROAD ORDER: Tarlton B. Luck appointed surveyor of the road from the
County Line to England’s Old Ordinary in room of John Phillips, and it is ordered that
208
the said Luck, with the gang that usually works on said road, do keep the same well
cleared from woods, bushes, and all other obstructions, all roots well grubbed up 30
feet wide at least, and that he erect or cause to be erected a stone or put up a sign with
plain inscription thereon in large letters at every fork of said road and causeway, as the
law directs. (Louisa County, VA, Court Orders, 7:116)
19Sept1794 - LAND BUY: Josiah Tattnall, Nicholas Long and Phillip Clayton,
Commissioners appointed to carry into effect an act to amend an act under which
property reverting to shall be disposed of passed 20 Dec 1793. To Abram Jones, Esq
of Augusta, Richmond Co Ga. By virtue of an Act passed 4 May 1782 for inflicting
penalties on and confiscating estates of persons declared guilty of treason. The
Commissioners did sell to Micajah Williamson 200 acres on the ridge in Wilkes Co
between Kettle Creek and Long Creek, so as property of Daniel Phillips, a person
named in the act and confiscated. Micajah Williamson gave mortgage to the governor
for the land. At Superior Court this property was foreclosed. Land was exposed at
public sale in Augusta GA after being advertised for time required. Abram Jones Esq
was the highest bidder for £40 in public securities and 2 ½ per cent per centum. Daniel
Phillips at the time of passing of the act of confiscation and banishment, 19 April 1775
had in the premises. Wit: Saml Jack, J.P., Geo R Clayton. Recorded 3 Nov 1791 in
Wilkes Co Deed Book PP, Page 191.
Abraham Jones is now in Richmond County but still retained enough interest in
Wilkes County to take advantage of an opportunity to purchase land at public
auction. This record, along with the record of Jones’ involvement in the sale of
Richard Jr.’s land, suggests that Abraham Joes was a shrewed business man—or a
man willing to take advantage of others’ misfortune for personal gain.
14Nov1794 – JUDGMENT SET ASIDE: In the matter of William Barrett, assignee of Samuel
Burch, vs. Joseph Kennedy in Debt, George Bruce and William Davenport appeared
in Court as Special Bail for Kennedy. Office Judgment set aside, the said Kennedy
declaring that he had paid the debt in issue. To be tried at next Court. (Albemarle
County, VA, Court Orders, 1793-1795, 252)
1Dec1794 – DEBTS OWED ESTATE : Dr. Anthony Poulain, late of Wilkes County, Georgia,
Decd. Sarah G. Poulain appointed administrix with Thomas and John Wingfield,
Securities. List of debts owed by his patients, included among many Richard
Devenport and John Wingfield, Sr. [Davidson, Grace Gillam, The Early Records of
Georgia, Volume II, Wilkes County (Macon, Georgia: Author, 1933), 272-274]
209
him. Whether these Wingfield and the Albemarle/Amherst, Virginia, Wingfields
were related has not been investigated.
16Jan1795 - DEED: Leonard Clark and George Clark to Charles Christian, all of Amherst
County, for £60, 93 acres in Amherst County on Buffalo River, adjoining said Christian,
Isbell, near Braxton Ridge, John Christian, a small branch–part of a tract patented to
Joseph Wilcher, Decd., and willed by him to son Charles Wilcher, subject to Barbary
Wilcher’s widow’s life interest, which still holds ... /s/ Leonard Clark, George Clark.
Wit: Jos. Davenport, Isaiah Atkerson, Wm. Christian, Daniel Scrader, George
Scrader. (Amherst County, VA, Deeds, G543)
For thirty-five years Joseph Davenport, eldest son of Richard of County Liine
& Albemarle, of Albemarle, had been witnessing deeds in various Blue Ridge
counties, yet no recorded deed has been found in any jurisdiction which identified
him either as a grantee, grantor, leasee or an adjoining landowner.
1 Bible 20 Other
1 Hymn Book Books
Luck had been paid by the DK Estate for schooling Davenport Kennedy’s
orphans. Only those items in Luck’s estate inventory that had teaching
implications were extracted here. Samuel Overton Pettus was an uncle to John
Davenport’s wife Susannah Pettus, both now in Abbeville District, South Carolina.
Barnett Smith was the father-in-law of Martin Kennedy, brother of Luck’s widow.
6Mar1795 – JURY VERDICT: Joseph Kennedy was Foreman of the Jury for the trial of
David Kerr vs. John Thomas & William Davenport in Debt. Verdict for the Plaintiff
for £18/9/0 with interest at 5% from 25Dec1793, (Albemarle County, VA, Court
Orders, 1793-1795, 383)
210
The fact that Kennedy had this jury role suggests that the William Davenport
involoved was William, son of Richard, Sr., and not William, son of James, Sr. The
rule prohibiting relatives of the plaintiff or the defendant from sitting on the jury
trying their issue was violated rarely, and then only with the agreement of both
parties.
The fact that William of Richard, Sr., had not yet gone to Kentucky is suggested
by the fact that the suit was not abated as to him—which the Court would have
done if he had left Albemarle.
Luck’s 24 acres may have been the Hanover portion of the County Line
tract which had been resurveyed as 128 acres and recorded in Louisa
County. The 24 Hanover acres would bring the total size of the Line
straddling land to 152 acres—as opposed to the 150 acres in both counties
that existed for more than 50 years. Given the loss of Hanover records, we
can only speculate.
31Mar1795 - PERSONAL PROPERTY TAX LISTS filed with Commonwealth: Louisa County
The analysis of this Tax List is the same as the previous year, except to
note that Commissioner Poindexter had been replaced William Thompson.
12May1795 - DEED: Charles Christian, wife Sarah; Nutley Warren Maddox, wife Fanny;
and John Christian, wife Judith, to Jacob Pierce, all of Amherst County, for £220, 423
acres in Amherst County on the south side of Buffalo River, adjoining Stovall’s Old
Road, Jacob Pearce, Wilcher’s branch, William Dillard, Migginson’s Road, below
Ownsby’s cabins ... /s/ [Six signatures]. Wit: Jacob Pierce, Charles Christian, Charles
Davenport. (Amherst County, VA, Deeds, G: 545)
This was William, Sr., son of Martin, Sr., surely in his early 80s. The will omits
sons Martin and Thomas and daughter Mary, although the codicil names Mary’s
husband William Arnold. The will makes no mention of his William Graves
grandson and/or his Davenport Kennedy grandchildren, which, considering the
time and effort he had put into their guardianships and court appearances, causes
wonder. His will principally concerned the disposition of slaves and money. (It
appears verbatim in Part 1, The Further Chronicles of the Pamunkey Davenports,
page 598. The Pamunkey Davenport Papers, CD)
William’s first wife, Anne Arnold, had died c1780. He then married Mary
Crawford, a contract wife, surely no more than a housekeeper married to satisfy
social conventions. Mary had no dower rights, no participation in the estate and
received only the contract amount, i.e., the loan of slaves and provisions for no
longer than the end of the year in which William died. (Provision for the last six
months of 1798 as it worked out.)
When William of Spotsylvania died in 1798, his son Augustine lived in North
Carolina; his daughter Mary Arnold, wife of William, and sons John and Thomas
lived in South Carolina; and his son William lived in Kentucky. Sons Martin and
James lived on tracts adjoining their father. Son David, apparently a schoolmas-
ter, lived in Hanover County. Of daughters mentioned, Sarah married to Thomas
Eads lived across the North Anna in Louisa, as did Delphia who was married to
Garrett Kennedy. Only Nancy is unaccounted for. Dickerson Wash, Delphia’s
second husband, claimed in Court papers in 1843 that Nancy had married Thomas
Arnold, but that identification needs further vetting, for no Thomas Arnold
appeared in Spotsylvania records.
When William’s executors (per his instructions) sold the plantation outside the
family, Thomas and Sarah Eads bought it, moved thereon, and lived out their lives
there. Son Martin died in 1803, whereupon his only heir, daughter Dorothy and
her husband Robert Hackney, quickly sold out and moved to Georgia. Son James,
ultimately finding Spotsylvania a difficult place to raise his late, large family,
moved to Fayette County, Kentucky, where his brother William had moved almost
twenty years earlier. By 1811 the only Pamunkey Davenport left in Spotsylvania
was John, son of “John the Bankrupt,” who had ceased keeping a tavern and now
operated a merchant mill.
213
8Jun1795 – DEED: Samuel Newton, wife Agnes, to Shelton Smith, of Louisa County, for
£130, 146 acres in the Lower End of Louisa County, beginning at a corner stone, thence
South West to the Creek, thence to Barnett Smith, thence down the Creek to
Wingfield Cosby’s, William O. Pettus’s, and Croshe Kennedy’s corner, thence with
Kennedy’s line to Phillip, thence South East to a corner of Phillips’ and Barnett
Smith, thence North East to the beginning… /s/ Samuel Newton, Agnes Newton. Wit:
None. Acknowledged by Newton and Wife in Court the same day. (Louisa County, VA,
Deeds, I:57)
8Sep1795 – LAST WILL & TESTAMENT: William Pettus of Spotsylvania County, made
this date; probated 4Sep1798. Named wife Susanna [nee Graves], sons Overton Hart
Pettus, Joseph Pettus, and daughter Louisa; children Barbary Arnold, William, Nancy
Graves, Susanna Davenport, Overton Hart, James, Joseph, and son-in-law
William Graves. Friends Jonathan Clarke, Edmund Clarke, and Samuel Overton
Pettus to be trustees to obtain land for widow. Executors: Sons William, Overton Hart,
James, and Joseph and son-in-law William Graves… /s/ William Pettus. Wit:
Sharp Smith, Peter Arnold, Charles Dabney. (Spotsylvania County, VA, Wills, F:37)
3Oct1795 – ROAD ORDER: Samuel Gay appointed Surveyor [Road Overseer] in room of
Turner Hamner, of the road from Andrew Hart’s to Carter’s Mill with the laboring
tithes of Andrew Hart, George Sorrel, Moses Gentry, John Hamner, Joseph Waller,
James Olds, Edward Gartane, Absalom McQuary, Elizabeth Davenport, David
Strange, John Harper, and Hardy Harper to keep said road in repair. (Albemarle
County, VA, Court Orders, 1793-1795, 483)
214
Elizabeth was the widow of Richard, Sr., who had died in 1792. “Laboring
tithes” were hired men or slaves. John Hamner had gone to Wilkes County,
Georgia in 1784 but had returned to Albemarle County.
19Nov, 1795 – DEBT. Court order for judgment of eleven pounds lawful money,
recovered in Inferior Court by Ann Wilkinson and Abraham Jones in a judgment
against Richard Davenport, with an additional five pounds sterling owed to Ann
Wilkinson for her damages sustained when the debt was detained. Richard Davenport
to pay the damages of the suit whereof he is convicted before the justices of Wilkes
County on the fourth Monday of November next.
On the outside of the document appears the following, noting that the land
Richard Jr. must have used as collateral in his debt to Wilkinson and Jones has
already been sold:
By virtue [unreadable] have levyed on two hundred acres of land together with
improvements on the same lying on the waters of Fishing Creek Auctioned (?) for Sale
19th of November 1791 and sold agreeable to law when Buckner Harris became the
[unreadable] holder for nine pounds. Wylie Pope.
15Jan1796 – DEED: William Wash, wife Anee, of Louisa County, to Robert Shephard,
late of Goochland County, for £50 Virginia, 100 acres in Louisa County to be laid out
of a 200-acre tract adjoining Thomas Gibson, Hickory Creek.. /s/ William Wash,
[No wife signs]. Wit: James Kennedy, Garrett Kennedy, Lipscomb Wash.
(Louisa County, VA, I:188)
Anee was the eldest daughter of Charles Kennedy and wife Crotia Davenport,
i.e., was a niece of Richard of County Line & Albemarle. James Kennedy was a
younger brother. Garret Kennedy was her elder half-brother.
Lexington Parish
Joseph Davenport, 4 White Tithes, 7 Slaves, 7 Horses
216
Martin Kennedy was on his father’s manor plantation, a half interest
owned by legacy by his brother Fields, who was in Georgia.
31Mar1796 - PERSONAL PROPERTY TAX LISTS filed with Commonwealth: Louisa County
The analysis of this Tax List is the same as for last year except to note
that William Davenport, son of William, Sr., had moved to Kentucky to
claim his bounty land in Fayette County. After this year, no more
Davenports were tax listed in Louisa through 1820, but both Crosha
Kennedy, sister of Richard of County Line & Albemarle and widow of
Charles Kennedy, and Delphia Davenport Kennedy Wash, widow of Garrett
Kennedy, daughter of William Davenport of Spotsylvania, and a
granddaughter of Martin, Sr., lived out their lives in Lower Louisa.
Considering the fact that Brown’s heirs included married grandchildren, Luck
surely was an older man when he married Crotia Cassity Kennedy, daughter of
Charles Kennedy and wife Crotia Davenport. As noted previously, the Luck-
Kennedy marriage, given the absence of Dower for Crotia Cassity and her absence
from Luck’s probate, gives the appearance of a contract marriage arrangement.
Normally a widow in Virginia in the Eighteenth Century was entitled to one-third
of the land and chattel of an estate as Dower Right. No record has been found
wherein Crotia released dower rights on this land, as she had done on an earlier
Hanover deed made by Luck. But as she and her second husband were conveyed
the land held by her first husband, the dower question was moot.
Note that the new survey was for 128 acres rather than the 150 acres that had
been on tax lists for more than twenty years and was in Louisa County. Were the
missing 22 acres on a separate survey that was recorded in Hanover? The County
Line is not cited, but is implied, for both Woolfolk and Snelson cited as adjoining
land owners were in Hanover, but their tracts could have crossed the Line. Note
also that Joseph Kennedy, eldest son of Davenport Kennedy, adjoined the new
survey in Louisa. Kennedy was living in Charlottesville, Albemarle County. His
brothers William and Robert likely were living on the Louisa tract, for Joseph
joined Robert shortly hereafter in selling the tract to Hezikiah Arnold, who had
married the Widow Crotia Cassity Kennedy Luck.
This was the fourth daughter of Davenport Kennedy, who had gone to Georgia
in the James Davenport, Sr., party of 1792, which included her oldest sister Dicey.
Samuel Shannon appeared in Virginia shortly hereafter, claiming his wife’s share
of the Davenport Kennedy Estate. He brought also Powers of Attorney,
empowering him also to claim shares for James Davenport, husband to Dicey,
218
Davenport, and Ambrose Edwards, husband to Dorothy, both men claimants in
right of their wives, both being daughters of Davenport Kennedy. The Census of
1850 for Franklin County, Georgia, enumerates a household including Samuel
Shannon, age 82 andborn in Pennsylvania, who was living in a household with
three daughters—Dicey, 43; Nancy, 34; and Dorothy K., age 32, all born Georgia
and all namesakes of a Davenport Kennedy daughter.
Samuel Scott made a final attempt to collect his damages and costs. Richard was
long gone by this time and Alexander Moss did not seem to be as much the target of
Scott’s attempts at damages. Certainly Moss seems to have felt comfortable merely
ignoring these court demands.
5Sep1796 – ROAD ORDER: Richard Davenport, Thomas Paulett, Thomas Harvey, and
Thomas Harvey, Jr., appointed to view and lay off a new road…report that they have
viewed said proposed road and find that a good road may be made where the Court
indicated, that it will be a public utility, and will not in the least injure any one. Ordered
that said road be opened and established as a public road , and that Richard
Davenport be surveyor thereof, that he with the hands working on the road whereof
Alexander Hunter is surveyor, and the hands working on the road whereof John Harris
is surveyor, being between the two Cubb Creeks, and the hands working on the road
under Nathan Harvey surveyor, being on the west side of Cubb Creek, and the hands
working on the road under James Brown surveyor, being between Cubb Creek, the
Lawyer’s Road, and the Campbell County Line, do forthwith lay open and clear said
road according to Law. (Charlotte County, VA, Court Orders, 10:224)
This was “Pamunkey” Richard, son of “John the Bankrupt,” the carrier of the New
Kent/Hanover DNA. He lived in the northeast corner of Charlotte, owned land that
lay partially in Campbell County (later was in Appomattox). In 1796, that 400 acres
was the Jack Smith Davenport bounty warrant from Revolutionary Service that
Richard bought from Jack Smith's heirs.
1Sep1796 – LAST WILL & TESTAMENT: Garrett Kennedy, of Louisa County, made this
date, probated 18Aug1807. Named wife Delphia; brother Charles, brother Charles’s
son William; brother Martin’s son Lancelot; brother James’ son Albert… /s/
Garrett Kennedy. Wit: Peter Crawford, Robert Shephard, Sarah Shephard. (Louisa
County, VA, Wills, 5:339)
Charles Kennedy did not mention Garrett in his Will, nor has any record
association of the two been found during Charles’ lifetime, but Garrett in his Will
named three brothers, two of whom were named as Charles’ sons in Charles’ Will.
Garrett’s brother Charles Kennedy [Jr.] was not named by Charles [Sr.]. Garrett
and wife Delphia Davenport, daughter of William, Sr., of Spotsylvania, had been
married for ten years and were childless. Garrett had no expectations of a natural
born heir—and this was the case when he died in 1807. In 1810, the Widow Delphia
married Dickerson Wash, possibly a cousin of her deceased husband. That
marriage too was childless.
6 8Nov179– ISSUE TO BE TRIED--In the matter of Schenk & Lott vs. Joseph Kennedy
in Debt, William Davenport appeared in Court and undertook security for
Kennedy. Office Judgment set aside, Defendant claiming debt has been paid. Trial
of issue at next Court. (Albemarle County, VA, Court Orders, 1795-1798, 199)
The Widow Crosha Cassity Luck, nee Kennedy, was remarrying. Her new
husband, an ordained Methodist minister, was the son of George Arnold of
Spotsylvania, one of the trustees of the Methodist Church at Davenport Ford, who
had taken title to a half acre of the Old Martin Davenport place from James
Davenport, Sr., in 1792. Bondsman Garland Dickerson had been an Overseer for
Tarlton B. Luck, Crosha’s first husband. The couple did not marry until 16Mar1797,
when they were wed by the Rev. James Tolleson.
-----1797 – BIRTH YEAR: Richard Davenport, son of John Davenport and Susanna
Pettus, born this year in Abbeville County, South Carolina. (Deduced from Richard’s
220
given age of 53 in Census of 1850, enumerated in Washington, Autauga County,
Alabama, Family No. 205)
A male descendant of Richard and his son John Forbes Davenport carries the
New Kent/Hanover DNA. The results of his DNA test led to this inquiry, which
itself led to the delineation of a new Davenport family among the Davenport
families of the south.
27Jan1797 - DEED: John Bolling, wife Sarah, and Charles Christian, wife Sarah, all of
Amherst County, to Barnet Owen, for £100, 156 acres in Amherst County on the south
side of Buffalo River, adjoining Braxton Ridge, James Christian, Charles Christian,
Rawley Penn, Charles Higginbotham ... /s/ [Four signatures]. Wit: Walter Christian,
Henry Christian, Jos. Davenport, Jno. Christian, Jno. M. Johnson, Jacob Pierce.
(Amherst County, VA, Deeds, H:287)
The Christians were likely in-laws of Richard, son of Joseph, who had married
Mary Christian the previous September.
6Feb1797 – MONEY OWED. Twelve dollars and twenty five cents owed by Richard Jr.
to Ormond Morgan as a result of costs expended in Morgan’s suit against Richard
[matter unspecified]. Convicted, Richard Jr. was ordered to have the money in this
Inferior court to render unto Morgan on the fifth of July 1797. (Wilkes County Court
Records, ac. 1978-0528M, Georgia Archives)
Ormond Morgan came from Surry County, North Carolina. He was not a
neighbor of Richard, Jr.’s and we have not discovered the nature of the his dispute
with Richard, Jr..
221
Source: Albemarle State Property Tax Lists
Lexington Parish
Joseph Davenport, 3 White Tithes, 7 Slaves, 8 Horses
William Davenport, 1 White Tithe, 2 Slaves
Joseph and son William as individual tithables, with two more sons in Joseph’s
household.
No Kennedys were taxed this year. David Davenport, son of William, Sr., lived
in Upper St. Martin’s Parish but distant from the County Line. The following year
he would join Thomas Minor in executing his father’s will in Spotsylvania.
31Mar1797 - PERSONAL PROPERTY TAX LISTS filed with Commonwealth: Louisa County
9May1797 – SURVEY: William Woods platted 16½ acres in Albemarle County for
Williamson Fortune on the North side of Beaverdam Creek, adjoining William Fortune
and Martin Davenport. (Albemarle Survey, 130)
July Term – UNCOLLECTIBLE DEBT in the matter of Ormond Morgan vs. Richard
Davenport, the costs of Morgan suit amounted to a state fee of $2.25, an attorney fee
of $4.00, a fee for the clerk of $3.00, and unreadable fee in the amount of $1.00, a Fife
[?] fee of $.50, for a total of $12.25. No property is found. (Wilkes County Court
Records, ac. 1978-0528M, Georgia Archives)
Arnold surely was the minister of the Davenport Ford Methodist Church,
which was located no more than a mile from Arnold’s County Line plantation, a
consolidated tract of land consisting of the Old Richard Davenport tract,
straddling the Hanover/Louisa Line, and the soon to be acquired Joseph Kennedy
94½-tract which adjoined in Louisa.
24Aug1797 – HEIRS AGREE: “We the subscribers being called upon to settle the Estate
of Davenport Kennedy, Decd., but on enquiry this was found impracticable there
being a debt due to a British subject from the Estate supposed to amount to £80. The
legatees being all present and of lawful age (except to James Davenport and
Ambrose Edwards who are absent but of lawful age), note that Nancy Kennedy,
one of the legatees, died intestate, and that her net share [is] to be divided equally
among surviving heirs except for Joseph Kennedy, who appears to be largely
indebted to the Estate. The said Joseph Kennedy to give up to the legatees a tract of
land in return for their release of his bond. The balance of Estate to be divided among
Samuel Shannon (for himself, Ambrose Edwards, and James Davenport),
Robert Kennedy, William Kennedy, and Polly Kennedy… /s/ Samuel
Shannon, for himself and as agent for Ambrose Edwards and James Davenport;
Robert Kennedy, Mary Kennedy, William Kennedy, Joseph Kennedy. Wit:
John Burnley, Joseph Eggleston, William Terrell, George Lumsden, Robert Dabney.
(Louisa County, VA, Wills, 4:40)
Joseph paid his proceeds of this land sale into the Estate, enabling a final
division by the Louisa Court on 8Jan1798. Robert Kennedy apparently had drawn
Joseph’s tract as his share of their father’s estate. Considering that Joseph was
living in Charlottesville, Robert likely was living on the tract. Witness Martin
Kennedy was an uncle to the two grantees and son-in-law to witness Barnett
Smith. Witness Garland Dickinson was one of the heirs of Tarlton B. Luck, and
had been overseer for Luck when Luck owned the Old Richard Davenport County
Line plantation. Then too, Dickinson had been a security and witness for the
marriage bond of the Rev. Hezekiah Arnold and Crotia Cassity Kennedy, widow of
Luck. Witness Barnett Smith had participated in making an earlier division of the
Davenport Kennedy estate for the benefit of the orphans.
While he occupied the Old Richard Davenport tract as cited in this deed,
Hezekiah Arnold did not receive title to the tract, 128 acres by new survey, until
224
the following January. Adding Joseph Kennedy’s tract of 94½ acres to the new
survey, Arnold’s freehold totaled 222½ acres. No other land conveyances to
Arnold have been found in Louisa records, but Arnold mortgaged his plantation in
1801 as 375 acres, apparently including 152½ in Hanover.
Camden’s Warehouse, like the Tye River Warehouse where Joseph had
inspected, was in that part of Amherst that became Nelson County in 1807. Joseph
and his family moved to Bedford County, across the James River and South,
concurrent with the erection of Nelson, hence do not appear in Nelson records.
Luck’s heirs were specific in their conveyance; the Old Richard Davenport
tract, 128 acres by new survey, which still straddled the County Line. This was a
fresh description, for Arnold’s purchase of the adjoining tract from Joseph and
Robert Kennedy was reflected in the deed description. Witness Martin Kennedy
was Arnold’s brother-in-law. Witness Barnet Smith was Martin Kennedy’s father-
in-law.
Richard’s son Charles, listed here, was likely his eldest son, and over age 16,
according to the 1798 Virginia Personal Property Tax List rules and regulations,
which required the lisitng of all white males over age 16. If Charles was just 16, his
birthdate would have been 1782, placing his parents’ marriage sometime within the
year before. If Charles was well over age 16, his parents’ marriage would be earlier.
By other evidences, we know that Richard Jr. had at least two more sons (order
unknown): Richard III and John L. Davenport.
Lexington Parish
Joseph Davenport, 3 White Tithes, 8 Slaves, 6 Horses
William Davenport, 1 White Tithe, 2 Slaves, 1 Horse
Richard Davenport, 1 White Tithe, 2 Slaves, 3 Horses
These were Joseph Davenport and sons William and Richard. Identified sons
of Joseph by now were Achilles, Edmond, John, William, Richard, and possibly
Charles.
Identifying whether this William was the son of Glover of Bedford, son
of Martin, Sr. of Hanover, or the son of Joseph of Amherst, son of Richard,
Sr., of Albemarle, requires more research.
226
31Mar1798 - PERSONAL PROPERTY TAX LISTS filed with Commonwealth: Hanover
County
31Mar1798 - PERSONAL PROPERTY TAX LISTS filed with Commonwealth: Louisa County
27May1798 – LAST WILL & TESTAMENT: John Davenport, of Abbeville District, South
Carolina, made this date; probated 13Sep1798. Named wife Susannah, children
Charles, Richard, Peggy, and Patsy. Devised legacy from “Father in Virginia” to
son Charles. Executors: Charles Davenport, John Arnold, George Arnold, John
Connors… /s/ John Davenport. Wit: James Pettus, William Pettus, John P. Arnold.
(Abbeville County, SC, Estates, Box 26, Pack 587)
This was John, son of Richard of County Line & Albemarle, who had lived on
his father’s County Line tract in Virginia c1785-1791 and who had married
Susannah Pettus, daughter of Colonel William Pettus and Susannah Graves.
Executor Charles Davenport was John’s older brother, the Justice of the Quorum.
Executor John Arnold was married to Barbara Pettus, sister of John’s wife, and
was the son of William Arnold and Mary Davenport, daughter of William
Davenport, Sr., of Spotsylvania. George Arnold is yet to be identified, but John P.
Arnold was John Pettus Arnold, son of John Arnold and Barbara Pettus.
3Jul1798 - PROBATE: The Last Will & Testament of William Davenport, late of
Spotsylvania County, Decd., was filed for probate at Spotsylvania Court House.
(Spotsylvania County, VA, Wills, F: 19-20)
7Aug1798 – JUROR: Jesse Davenport served as a juror for the trial of John Martin vs.
James Almon, Alexander Fretwell, Richard Bush, John Fleming, and Joseph
Kennedy in Debt. Judgment for £75, the debt declared, to be discharged by payment
of £37/10/0, with legal interest from 12July1797 until paid and One Penny damages as
awarded… (Albemarle County, VA, Court Orders, 1798-1800, 72)
Ordinarily, the fact that Jesse was serving on a jury trying an action against
Kennedy would be prima facie evidence that they were not related. They had
grown up together on or near the County Line of Hanover/Louisa: Joseph on the
Richard, Sr., County Line tract, Jesse on the Old Davenport Ford plantation, which
joined or was the County Line and within a half mile of Richard, Sr.’s tract. Jesse
and Joseph were cousins, but not first cousins—which apparently satisfied the
Court as to relationship. The number of defendants suggests that Joseph had been
a member of a syndicate that had failed.
11Feb1799 - TAX RELIEF: Ordered that Croshe Kennedy be exempted from paying
taxes in the future on Daniel, an old Negro belonging to her. (Louisa County, VA, Court
Orders, 8:436)
Crotia, sister of Richard, Sr., and widow of Charles Kennedy, Sr., had surely
lived on the Manor plantation in Hanover when her husband was still alive. She
spent the last years of her life living on the Quarter plantation in Louisa. Charles
had devised the Hanover plantation to sons Martin and Field.
Lexington Parish
Joseph Davenport, 4 White Tithes, 2 Slaves, 9 Horses
William Davenport, 1 White Tithe, 1 Horse
Richard Davenport, 1 White Tithe, 3 Horses
Charles Davenport, 1 White Tithe, 1 Horse
Joseph still had a houseful of White tithes, either sons or servants. William,
Richard, and Charles, surely sons of Joseph, had their own households. These
Davenports rented or leased, did not own land.
9Aug1799 – JUROR: Richard Davenport was a juror for three trials this date: (1)
Obediah Britt vs. Richard Johnson and William Johnson in Debt; (2) Madison
Breedlove vs. John White (Northern) in Case; and (3) Richard Woods vs. John McCoy
in Case. (Albemarle County, VA, Court Orders, 1798-1800, 287, 289, 289)
We know that Richard Davenport, Jr. was a planter who rarely came to court,
and the records tell us that he did not serve as a juror prior to these trials. We can
extrapolate that Richard did not frequent Charlottesville on Court days.
But by 1799, Court reform had gone into effect. Taxpayers were called to serve
as jurors on a rotating basis. Failure to answer a Jury Call was contempt of Court,
subject to fine or imprisonment. Jurors were named in the record for each trial.
229
A Witness, not named, testified that in 1790 he was at the house of
William Kennedy, an executor of said Decedent, who said that the
Decedent’s Estate had recovered a judgment against Garland Anderson,
that he, the said Witness, did not know what it was for, but was for about
£40.
Another Witness, not named, testified that in 1790 the said William
Kennedy told him that the judgment had been paid, but had not said how
much.
The Plaintiff also produced a record from the Office of the Hanover
County Clerk of Courts, being a copy of the original bond for £119/18/0 from
said Anderson to Charles Kennedy, dated 19Jul1773, that he, the said
Anderson, would pay the said Kennedy £59/19/0 on or before 25Apr1774,
the same being an account of James Edwards, for which the said Anderson
had been security. The bond was witnessed by J. Arnold. The copy of the
bond was certified by Thos Pollard, Deputy Clerk of Courts of Hanover
County.
After hearing the parties and deliberating, the Jury found for the
Plaintiff, but the Court suspended the verdict until the Defendant’s
demurrer could be heard.
(Louisa County, VA, Court Orders, 9:34-35)
None of the witnesses were named in the record and several key dates were
omitted. It was unusual for the trial detail given here to have been included in an
Order Book. This was again a matter of conflicting jurisdictions because the
Kennedy Estate was partly in Hanover County and partly in Louisa County.
230
2Sep1799 – ROAD ORDER: Ordered that the hands of Robert Carter at his dwelling house
and Murry Pace, Giles Richardson, Curtis Johnson, John Lain, John Spears, Richard
Davenport, Robert Terril, Elijah Collins, and Charles Lively be added to the list of
hands ordered to work under Samuel Smithson surveyor of the road from Carter’s
Bridge to Colley. (Albemarle County, VA, Road Orders, 1798-1800, 317)
3Sep1799 – JAIL GUARDS: Ordered that Joseph Kennedy, John Ferguson, Fredrick
Gauder, and Benjamin B. Bruce be paid $10 each for twenty days as guards over James
Wright charged with a felony. (Albemarle County, VA, Court Orders, 1798-1800, 322)
During the years of 1798-99 Joseph Kennedy, per the number of Court Orders
paying him, was a Jail guard on a piece work basis. It was responsible work, but
hardly a role for the eldest son who had been a land owner and heir to a substantial
estate just a short time before.
14Nov1799 - DEED: Martin Davenport to John Coles, Jr., both of Albemarle County,
for £375, 270 acres in Albemarle County where said Martin Davenport now lives,
on a branch of Hardware River and Beaverdam Creek, bounding William Fortune,
Estate of Nicholas Hamner, and the tract of land on which said Martin's mother
Elizabeth Davenport now lives ... /s/ Martin Davenport. Wit: John Clarkson,
RD Carter, Williamson Fortune, and Robert Herndon. (Albemarle County, VA, Deeds,
13:299)
The two above documents were executed the same day and constituted
William’s farewell to Albemarle County. If William went back to Kentucky, he has
not been found there. Given the number of Williams that we can find along the
Blue Ridge in the future, we suspect he stayed in Virginia. Martin, too, was leaving
Albemarle. A month later, he bought land in Charlotte County, but tax records
indicate that he was subject to Albemarle levies for several years to come.
12Dec1799 - DEED: Richard Wilson, wife Anny, to Andrew Munroe, for £31, 31 acres in
Amherst County, adjoining said Wilson ... /s/ Richard Wilson, Anny “X” Wilson. Wit:
Geo. Dillard, Matt Tucker, Rich. Davenport. (Amherst County, VA, Deeds, I: 28)
231
This likely was Richard, son of Joseph. Joseph and his sons seemingly made
an effort to stay out of public records, necessitating collection of their appearances
in minor roles, principally as witnesses to deeds.
13Dec1799 - DEED: Lewis Hammock, Sr., wife Betty, of Charlotte County, to Martin
Davenport of Albemarle County, for £250, 470 acres in Charlotte County on waters
of Louse Creek, adjoining Hight, Almond, Harris ... /s/ Lewis Hammock [No wife
signs]. Wit: James Petillo, Samuel Matthews, Wm Hazelwood, and Grief Barksdale.
On 6Jan1800, Betty Hammock, wife of Lewis, Sr., appeared in Charlotte County Court
and relinquished dower rights. (Charlotte County, VA, Deeds, 8:218)
John Lewis could make no more revisions to his will for he had died at the end
of 1799.
Susannah, Widow Pettus, was the daughter of Thomas Graves, Sr., and Ann
Davenport, daughter of Davis Davenport. Colonel and Susannah Graves Pettus
had owned and lived on the Old Thomas Graves, Sr., plantation in Spotsylvania
County from shortly after the death of Ann Davenport Graves in 1782 until Colonel
Pettus’ death in 1798, whereupon Pettus’ will directed that the manor plantation be
sold and that his executors purchase a small plantation for his widow, preferably
232
in their old neighborhood across the North Anna in Louisa County, where the
Pettuses had lived for at least a quarter century before they had moved to the
Graves plantation in Spotsylvania (a move from the south bank to the north bank
of the North Anna). The land purchased by the executors was in the Rocky Creek
neighborhood, near the Hanover Line. Susannah Pettus, granddaughter of Davis
Davenport, was still living in 1806 when Overton H. Pettus and Joseph Pettus sold
their shares of the land to Aaron Arnold, brother of Hezekiah Arnold. All three
witnesses to this deed lived on waters of Little Rocky Creek, had been long time
neighbors to Colonel and Mrs. Pettus. In 1811, the Widow Susannah and son
James sold their interests to George Harris.
6Mar1800 – ISSUE JOINED: In the matter of James Boggs, assignee of Fleming &
McClenahan, vs. Joseph Kennedy in Debt, Bennett Henderson appeared in Court
and undertook Special Bail for Kennedy. Issue joined. (Albemarle County, VA,
Court Orders, 1798-1800, 4 12)
Kennedy had apparently lost the support of William and Jesse Davenport or
had new in-laws. This was one of his last Court appearances extracted.
Lexington Parish
Joseph Davenport, 3 White Tithes, 8 Slaves, 8 Horses
William Davenport, 1 White Tithe, 2 Horses
Richard Davenport, 1 White Tithe, 3 Horses
233
Source: Amherst State Property Tax Lists.
31Mar1800 - PERSONAL PROPERTY TAX LISTS filed with Commonwealth: Louisa County
2Apr1800 – WITNESS FEE: William Kennedy allowed two (2) days attendance at
Court as witness for Collins in the suit against Lacy. (Spotsylvania County, VA, Court
Orders 1799-1801, 99)
234
Possibly this was William, now an adult, orphan of Davenport Kennedy, Decd.
Where William, and Robert Kennedy, sons of Davenport Kennedy, went after 1797
is unknown. Likely they followed their sisters to Georgia. Joseph, who went to
Charlottesville, apparently had no influence on his brothers.
6May1800 - DEED: Walter Christian, wife Martha, to Charles Christian, all of Amherst
County, for £100, 74 acres in Amherst County on Rocky Creek, adjoining Isbell,
Migginson Road, Parks’ Road, Benjamin Rucker, Gaines’ Road, Walter Christian,
Josiah Atkinson, Ambrose Rucker, Stovall’s Old Road ... /s/ Walter Christian,
Martha Christian. Wit: Jos. Davenport, Jas Christian, Saml L. Christian.
(Amherst County, VA, Deeds, I: 197)
Census Day: first Monday in August, 1800, Columns for Free White males
and females
Males, number under 10
Males, number 10-15
Males, number 16-25
Males, number 26-45, including head of family
Males, number over 45, including head of family
Females, number under 10
Females, number 10-15
Females, number 16-25
Females, number 26-45
Females, number over 45
Number of all other free persons
Number of slaves
LOUISA COUNTY
Thomas Eads 41010 11010 --
James Kennedy 3 0 0 1 0 2 0 1 1 0 - -
Garret Kennedy 0 0 0 0 1 0 0 0 1 0 - -
Croshe Kennedy 0 0 0 0 0 0 0 0 0 1 - -
ABBEVILLE COUNTY
Charles Davenport 13101 01310
30
Susannah Davenport 1 1 1 0 0 2 0 0 1 0 12
This was Charles, son of Richard of County Line & Albemarle, and
Susannah Pettus Davenport, widow of John, brother of Charles. They
apparently lived on adjoining plantations, for they were enumerated
sequentially. Charles had 30 slaves. Susannah had 12. All of the males
counted carried the New Kent/Hanover DNA. One of John’s descendants
who tested positive for that DNA is one of the prompters for this analysis.
Richard Davenport of County Line and Albemarle, owed £21/12/6. “He died
about the close of the War and left a very sufficient estate. His property was
distributed among his children before the Courts were open to the recovery of
British Debts, but they [the children] have agreed to contribute proportionately
towards the payment of this debt. Mr. Samuel Dyer, merchant of Albemarle, has
the collection of this account, and he told me it was in the train of payment.”
(The Virginia Genealogist, 1987, Vol. 31:216)
Richard, Sr., had died in Albemarle in 1792, ten years after the end of the
Revolution. Samuel Dyer was pulling Henning’s leg, for he was named co-executor
of Richard, Sr.’s Estate, and after the death of Nicholas Hamner, the other
executor, in 1794, had sole control, subject to the Widow’s life estate, for at least
twenty-five years..
236
15Oct1800 - DOWER RELEASE: Charles Wingfield, Jr., and Howell Lewis, Justices of the
Peace for Albemarle County, report an examination of Milly Davenport concerning
a conveyance by Martin Davenport, and certify that she has freely released her
Dower Interest in same of her own free will. (Albemarle County, VA, Deeds, 13:443)
Nine months after he had sold his Albemarle land, Martin still had not moved
to his new land in Charlotte County.
11Feb1801 - LAST WILL & TESTAMENT: William Davenport of Charlotte County. Made
11Feb1801; probated 6Apr1801. Named son Benjamin to have home tract. Wife
Elizabeth to have land and plantation purchased of Samuel Webb. Tracts named
Dunwiddie in Charlotte County and the other on the North fork of Cub Creek in
Campbell County to be sold and money equally divided among all children except
Benjamin. Executors: wife Elizabeth Davenport, son Presley Davenport, brother
Richard Davenport, and James Trabue... /s/ William Davenport. Wit: Thomas
Paulett, Richard Davenport, Sr., John Hunter. (Charlotte County, VA, Wills 2:194.
This was William, “son” of “John the Bankrupt” and grandson of Martin, Sr.,
carrier of the New Kent/Hanover DNA. Recall that William, asWilliam Davenport,
Jr., when mired in his father's financial problems in Spotsylvania in the 1760s and
early 1770s used Pulliam assets to secure his father’s debts. William is credited
with contributing the New Kent/Hanover DNA to the Woodroof/Woodruff family.
His brother Richard also was a carrier of the Pamunkey errant DNA. Richard,
adjoining land owner in Charlotte County, died in Charlotte thirty years later. The
children of William besides Presley were Jack Smith, Elizabeth, William, and
Benjamin.
Lexington Parish
237
Joseph Davenport, 3 White Tithes, 10 Slaves, 9 Horses
William Davenport, 1 White Tithe, 2 Horses
Richard Davenport, 1 White Tithe, 2 Horses
24Jun1801 - DEED: Benjamin Johnson, wife Martha, and Benjamin Watkins, wife Mary,
to George Hylton, all of Amherst County, for [not stated], 50 acres in Amherst County
on Owen’s Creek, adjoining the Migginson Road ... /s/ Benj Johnson, Benj. Watkins,
[no wives sign]. Wit: Jas L. Turner, Henley Drummon, Leroy Pamplin, Jos.
Davenport. The wives relinquished Dower on 20Jul1801. (Amherst County, VA,
Deeds, I:242)
Richard, Jr., was considered improvident by his father, for his cash legacy
was left in the hands of his brother Charles, to be expended only with Charles’
approval. Surely an awkward situation, for Charles was located in Abbeville
District, South Carolina, and Richard was located in Albemarle County, Virginia.
This move could also suggest that Richard Sr. did not believe that Richard Jr. was
capable of handling his own financial affairs, a consideration born out by
238
Richard’s financial difficulties in Georgia. Samuel Dyer was a merchant—which in
those days generally involved serving as a banker. Richard had received three
slaves from his father-in-law John Lewis in 1789. Earlier this year, he had been
assessed for five slaves. Financially, his is a downward story.
13Jul1801 – DEED OF TRUST: Hezekiah Arnold, wife Crosha, to Wingfield Cosby, all
of Louisa County, for £202/15, 375 acres in Louisa County on waters of Little Rocky
Creek, beginning at Brook’s on the Main Road, thence to Phillips or Moss’s line, thence
with Phillips or Moss to Shelton Smith, thence with Smith to the Creek below the Old
Mill Dam, thence with the Creek to Snelson, thence with Snelson to Merewether Smith,
thence with Smith to Augustine Woolfolk, thence with Woolfolk to the Main Road,
thence up the Road to the beginning… /s/ Hezekiah Arnold, Croshey C. Arnold.
Wit: None. Samuel O. Pettus and George Pottie, Gentlemen Justices, certified Crosha
C. Arnold’s release of Dower Rights on13Oct1801. (Louisa County, VA, Deeds, J:124,
127)
The land here included the Richard of County Line & Albemarle tract—now to
be known as the Old Richard Davenport tract--surveyed for 128 acres, and the
Joseph Kennedy tract, surveyed for 94½ acres. Where the additional acreage
came from is not apparent. The Arnolds redeemed at least 241½ of these acres, for
they mortgaged that amount, being where they lived, in 1809, then failed to
redeem, lost the land.
PAYMENTS MADE
239
5Mar1800 – James Crawford, 2Nov1800 – John Minor,
proved account, £3/0/1 attorney, fee in Chancery vs.
2Aug1800 – William Davenport, his M. Davenport, £2/8/0
legacy, £5 2Nov1800 – David Davenport,
7Aug1800 – James Davenport, £15
£11/4/6 2Nov1800 – Thomas Eads, £15
9Sep18oo – James Davenport, 2Nov1800 – David Davenport,
£1/12/3 £1/17/6
9Sep1800 – James Davenport, 2Nov1800 – James Davenport,
£5/5/9 £2/16/7
9Sep1800 – James Davenport, 15Jun1801 – James Davenport,
£1/17/o £6/8/17½
9Sep1800 – James Davenport, 19Jun1801 – David Davenport,
18/ £5/2/6
2Nov1800 – James Davenport,
£1/12/0
CASH RECEIPTS
1Mar1798 – Cash on hand at Mr. 15Dec1800 – By Thomas Eads,
Davenport’s death, £2/14/0 £9
30Apr1798 – By Tobacco sold by
Mrs. [Delphia] Kennedy,
£7/4/7
William Davenport, Sr.’s Estate settlement was an unusually clean and quick
affair, for he was a man who paid his bills and honored his bonds. He rarely
appeared in Court relative to debts or debt collection. Extractions here from the
Settlement Account of his Executors, namely Captain Thomas Minor, his neighbor,
and David Davenport, his son who lived in Hanover County, are limited to family
members, in-laws, and persons of interest to this study. The repetitious
appearance of James Davenport was due to his management of the daily affairs
of William, Sr.’s plantation following his father’s death until the Public Sale. He
apparently was paying cash for what the plantation required, and then was
reimbursed. Mrs. Mary Davenport was Mary Crawford, the contract wife, who
was paid off. James Crawford was her brother. The ubiquitous George Lumsden
had a small claim paid. Sons who received money included James, John, William,
and David. Son Martin, not named in the will, was named obliquely—he had been
sued to collect what he owed the estate. William Arnold (Mary) and Thomas Eads
(Sarah) were sons-in-law who received money. Mrs. Kennedy was youngest
daughter Delphia, short for Philadelphia, wife of Garrett Kennedy. General
Jonathan Clark and son Captain Edmund Clark were adjoining neighbors. The
General bought William, Sr.’s plantation at the Public Vendue, then sold it to
Thomas and Sarah Eads.
240
There was no participation by William Graves or any of the Davenport
Kennedy orphans. But the Graves were embroiled in the complication of
settlement of the Estates of their patriarch, Thomas, Sr., who had died in 1769, and
matriarch, Ann Davenport Graves, who had died in 1783. Davenport Kennedy’s
orphans had scattered after the settlement of his estate in 1797.
PAYMENTS MADE
CASH RECEIPTS
George Lumsden, for tea chest, Thomas Minor, Negro girl Lucy,
7/ £62
Martin Davenport, Negro woman,
£25
ITEMS UNCOLLECTED
Fielding Woodroof, Judgment
Nicholas Lewis , son of John Lewis, grandson of Colonel John Waller, died in
1783. Nicholas Lewis was an attorney who, among many others, represented
various Pamunkey Davenports. Nicholas was willed the land his father obtained
from George Woodroof, Thomas Graves, and Benjamin Temple, including a mill
on East North East River, hence was a next door neighbor to the Davenports and
Arnold’s on Arnold’s Run. Lewis’ physician was Dr. Robert Honeyman of Hanover
County, who also was physician to Davenport Kennedy and Kennedy’s widow
(Mary) and was administrator of her estate. The debts and receipts listed in the
settlement are not dated, may have occurred any time before or after Lewis’ death.
The various legal fees likely occurred after death as the executor collected debts
owed the decedent.
241
5Nov1801 – JUROR: Richard Davenport was a juror for the trial of James Baggs,
assignee of John Fleming, vs. John Mullens in Debt. (Albemarle County, VA, Court
Records, 1801-1803, 112)
Widow Young had been Mary Marshall. Years later Charles’ descendants
claimed that Mary was the sister of Chief Justice John Marshall, which was not
true. Reasons as to why Charles Davenport moved to South Carolina, after being
Sheriff of Culpeper County during the Revolution, marrying a rich widow, and
acquiring large Virginia acreage, likely had its roots in the rigid Social Class
system in Virginia in the Eighteenth Century. Even after the Revolution, Charles
was a commoner who had married above his station, despite his democratic
achievements.
242
2Feb1802 – PROBATE: Estate of George Lumsden, late of Louisa County, Decd.
John Edwards, deputy to Henry Garrett, Sheriff, filed an accounting with the Court, to
wit: “In obedience to the Court I have proceeded to take into my hands the Estate of
George Lumsden, Decd., which consisted of $20 in debts which I have collected
and have been ready to abide the further order of the Court, there being no other goods,
chattels, or credits that have come into my hands or to my knowledge belonging to the
said George Lumsden, Decd. /s/ John Edwards, DS. (Louisa County, VA, Wills,
4:152)
A sad ending for George Lumsden, who first appeared in these Chronicles in
1765 as a Louisa Deputy Sheriff in pursuit of John Davenport, Sr., the Bankrupt.
Over the years, Lumsden had done a great many favors for the Davenports and
their kin. In his old age, he had apparently been abandoned by his sons and in-
laws (his wife was a Smith), for apparently no relative was willing to undertake
administration of his small estate, forcing the Court to assign the work to the
Sheriff, who delegated it to a deputy.
5Mar1802 – JUROR: Richard Davenport was a juror for the trial of William Petty vs.
Charles Wingfield in Case. (Albemarle County, VA, Court Records, 1801-1803, 189
Davenport’s presence on this jury indicates that he was not related to the
Wingfields, that the Davenport/Wingfield record association was with the
Amherst Davenports.
Lexington Parish
Joseph Davenport, 2 White Tithes, 10 Slaves, 10 Horses
William Davenport, 1 White Tithe, 1 Horse
Richard Davenport, 1 White Tithe, 2 Horses
243
Joseph Davenport, Jr., 1 White Tithe
5May1802 – BONDSMAN: In the matter of John Coles vs. Richard Davenport in Debt,
Joseph Price appeared in Court and undertook security for Davenport. (Albemarle
County, VA, Court Records, 1801-1803, 266)
Another debt issue for Richard, Jr.. John Coles, Sr., and Jr., were consistent
associators with the St. Anne Davenports and were often witnesses to Davenport
deeds. Coles, Jr., had bought the interests of Martin and William Davenports in the
residual of their father’s estate after the Widow Elizabeth’s life estate had expired.
In 1822, John Coles bought the interest in the life estate held by John Davenport,
Richard, Sr.’s son who had moved to South Carolina, who had bequeathed it to his
son Charles.
244
estate. He settled in 96 District where he still resides. Richard Davenport of
Albemarle is his brother.” (The Virginia Genealogist, 1963,7:178)
Charles Davenport and his wife Mary Marshall, Widow Young, have been
dealt with previously.
The bride was Richard Davenport’s daughter. The groom was Charles, son of
Joseph of Amherst County, a first cousins of the bride. Charles of Amherst
appeared on Tax Lists there for several years after 1802.
Albemarle Court Minutes and Orders were not read after 1802
245
Jesse Davenport, 2 White Tithes, 1 Slave
Lexington Parish
Joseph Davenport, 2 White Tithes, 9 Slaves, 7 Horses
William Davenport, 1 White Tithe, 1 Horses
Richard Davenport, 1 White Tithe, 2 Horses
246
14Jan1804 - DEED: Elizabeth Davenport, Presley Davenport and Richard
Davenport, executors of William Davenport, Decd., to Overton Evans, all of
Charlotte County, for £196, 196 acres in Campbell County on the North Fork of the
South Fork of Cub Creek–a grant dated 1Sep1780... /s/ Elizabeth Davenport,
Presley Davenport, Richard Davenport. Wit: John Holcomb, Larkin Foster,
Ballard Davenport. (Campbell County, VA, Deeds, 6:460)
This was Elizabeth Rawlings Pulliam Davenport; Presley, her eldest son by
William Davenport, Decd., (her oldest son was Rawlings Pulliam); and her
brother-in-law Richard Davenport, executors all, selling the land as specified in
her husband’s will. The Decedent was the oldest son of “John the Bankrupt”, and
appears most often in these Chronicles as William Davenport, Jr., of Spotsylvania,
his uncle William being the Sr. Witness Ballard Davenport was Richard’s son. All
male Davenport cited here carried the New Kent/Hanover DNA.
This was the tract of land that had been in contention between the decedent
William and the Masons for more than fifteen years.
Lexington Parish
Richard Davenport, 1 Poll, 3 Horses
Joseph Davenport [Sr.], 2 Polls, 7 Slaves, 6 Horses
William Davenport, 1 Poll, 1 Horse
Edmond Davenport, 1 Poll
247
Edmond, a young man of no property, was either a grandson of Joseph,
Sr., or a second son of that name, for an Edmond Davenport of Amherst had
died while serving in the Virginia Continental Line during the Revolution.
An Edmond Davenport enlisted in the U.S. Army in 1813 as age 32, born in
Amherst County, Virginia, meaning that he was born in 1781. The first
Edmond died early in his Army service, namely 1776-77, could not have
been the father of the second Edmond, who also died while serving in the
Army—in Norfolk in 1814, possibly a casualty in the British burning of
Norfolk during the War of 1812. No Davenport other than Joseph, Sr., is
identifiable as the father of the second Edmond.
248
7Aug1804 – MARRIAGE: Joseph Kennedy and Elizabeth Staples, Amherst County.
(Virginia Marriages, 1740-1850 [data base online], (Provo, Utah: Ancestry.com
Operations, Inc., 1999).
Whether there were one or two Joseph Kennedys remains to be resolved, but
this Joseph was possibly a brother-in-law of Joseph Davenport, Jr., who married
Dorothea H. Staples in Amherst on 18Jun1805 in Amherst.
26Nov1804 – MARRIAGE PERMISSION: “You will please to issue marriage license for my
daughter Patsy Flowers to intermarry with Cornelius (sic) Vermillion, & this shall be of
sufficient warrant for the same. Give under my hand and seal this 26 Novbr 1804. /s/
Oston Flowers. Wit: Christopher Fletcher, Charles Davenport. (Amherst County,
VA, Marriages, ?:?)
This marriage was performed by the Rev. Oston Flowers, a Baptist minister.
Whether this was Charles of Joseph or Charles of John (South Carolina) is yet to
be resolved.
Richard III was likely born in Albemarle in © 1780, before his parents went to
Georgia in 1784-85.
249
Albemarle County but has not been found since. We track Richard III from Virginia
to Kentucky to Missouri in the case history of William D. Davenport (see below).
In May 1818, a Richard Davenport, Jr., was a witness to the Marriage Bond of
William Davenport to Sarah Davenport (daughter of Richard Jr.—now Sr.) in
Amherst, with John L. Davenport serving as bondsman. Richard, Jr., implies the
existence of a Richard, Sr., which would have been Richard II (formerly Jr. and
now Sr., his son Jr. was also Richard III). Whatever, no further Richards appear
in Amherst records. A Richard Davenport, 1 poll, horse or no horse, was on the
Tax List of Albemarle, then Nelson, then back to Albemarle, 1819-1822, After that,
there were no more Richards of the Richard and Jane line along the Blue Ridge.
Richard of Joseph went from Amherst to Bedford to Campbell and then
disappeared from Virginia.
The name Lewis as a middle name will be used by this line for the next four
generations.
William D. Davenport was the son of Richard III, son of Richard Jr. and great
grandson of Richard of County Lie and Albemarle (see below).
John Penn, Sr., had collected for Joseph Davenport’s bacon, which had been
impressed by the Amherst Commissioner for Provisions for the troops at the end of
the Revolution. The Davenport witnesses were Joseph, Sr., and his son George.
Possible sons of Joseph found in records thus far were Achilles, Edmond, John,
William, Richard, Charles, Joseph, Edmond II, and George, plus daughters
Elizabeth and Sally.
250
Joel Harris’s List
Captain William Davenport, 1 Poll, 7 Slaves, 4 Horses
Jesse Davenport, 1 Poll, 2 Slaves
Richard was now taxed for two sons, one of whom may have been David.
William Davenport, innkeeper, would soon die—married but childless—
having been elected a Captain of Albemarle Militia.
Lexington Parish
Richard Davenport, 1 Poll, 1 Slave, 4 Horses
Joseph Davenport, 2 Polls, 6 Slaves, 5 Horses
William Davenport, 1 Poll, 1 Horse
Edmond Davenport, 1 Poll
This was Joseph, Jr. He and Dorothea H. were enumerated with their
household in Appomattox County in the Census of 1850. Their land, owner or
rented unknown, was in that part of Campbell County taken into Appomattox in
1840. Joseph died there in July 1866.
251
21Oct1805 – MORTGAGE DEED OF TRUST: Charles Davenport, of the first part; Joseph
Davenport, of the second part; and Isaac Rucker, of the third part, all of Amherst
County, whereas the said Charles owes the said Joseph the sum of £160, and the said
Charles has given the said Joseph three bonds payable on the 1st days of January,
1806, 1807, and 1808, and for $1.00, the said Charles conveys to the said Rucker the
Slave Michael, age 30, and a boy named Joseph, approximately 15-years-old, lately
purchased of Richard Davenport. If the said Charles defaults on payment to said
Joseph, the said Rucker to sell the Slaves at Public Sale and pay the said Joseph,
with any overplus to be paid the said Charles ... /s/ Charles Davenport, Joseph
Davenport, Isaac Rucker. Wit: None. Acknowledged by Charles Davenport in
Open Court the same day. (Amherst County, VA, Deeds, K:326)
Charles Davenport appears to have been the fourth or fifth son of Joseph, Sr.
The Richard Davenport from whom the slave was purchased likely was Richard of
Albemarle, son of Richard, Sr., who was mortgaging and selling his assets at this
time. Richard of Joseph was taxed for one slave in 1805 and 1806. Richard of
Richard was taxed for 4 slaves in1805, was not on the Albemarle Tax List for 1806,
but reappeared in 1807 with 4 slaves. Isaac Rucker was a brother-in-law to
William Davenport, eldest son of Joseph, Sr. Both were married to daughters of
Nathan Wingfield.
Per settlement of the Estate of Elizabeth Ball, late of Abbeville District, Decd.,
(Abbeville County, SC, Estates, Box 9, Pack 173), she was the mother of Charlotte
and Catherine Davenport, hence was the stepmother for whom Charles appealed
for good will from his older children. After Charles’ death, Elizabeth had married
one Ball, and prior to Charles she had apparently been married to one Swift, for
she named sons Jonathan and William Swift as well as the two Davenport
daughters as her heirs. Charles’ children (Burket, Nancy, and John Marshall) were
apparently by his first wife Mary Marshall, widow of Richard Young, of Culpeper
County, Virginia. Mary’s first marriage had been childless but had left her
extremely wealthy. Charles had become quite wealthy by marrying the Widow
Young. The Widow’s land, however, was entailed and claimed by Richard Young
Wigginton, nephew of the deceased, requiring Charles and Mary to move
elsewhere. They elected to move to the South Carolina backcountry where Charles
was immediately made one of the principal justices of the Abbeville Court. He
surely had land, for there were 22 slaves in his household according to the Federal
Census of 1800.
252
Charles, unlike his brother John who died earlier, had no Pettuses or Arnolds
associated with his will or estate. He and his brother John lived in different
communities.
Which William Davenport this was is unclear. No William was tax listed in
Campbell this year. William of Charlotte and William of Cumberland had both
died in 1802. Where William, Jr., of Charlotte was is unknown. William, son of
Glover, a resident of Bedford County, possibly was the witness and deed prover
here. William of Absalom, cabinet maker, was located at Charlotte Court House,
could have been the William cited here, but left no record tracks other than with
his father in Powhatan and near Charlotte Court House.
The widow Elizabeth of Richard Davenport, Sr., was not tax listed this
year. Mrs. Sarah Davenport was the widow of William Davenport, the
Pamunkey millwright and innkeeper. Richard Davenport, son of the
Patriarch, had moved elsewhere, appeared later in Amherst County.
Lexington Parish
Richard Davenport, 1 Poll, 1 Slave, 4 Horses
Joseph Davenport, 2 Polls, 6 Slaves, 5 Horses
William Davenport, 1 Poll, 1 Horse
253
Source: Amherst State Property Tax Lists
This Richard Davenport was the same Richard taxed in Amherst the
previous year. This was Joseph, Sr.’s last appearance on an Amherst Tax
List.
The matter was still before the Court two years later (see below).
254
26Mar1807 - RELINQUISHMENT OF INTEREST: William Davenport to Robert and
Thomas Wingfield, all of Amherst County, for said Davenport’s love for his children:
Nancy H. Davenport, Mahala Davenport, Sally Davenport, Achilles
Davenport, and Willis Davenport by his wife Elizabeth, who has lately departed
this life, and 10 Shillings, all of said of William’s claim and interest of his late wife’s
interest in the estate of her father Nathan Wingfield, Decd.--to be distributed at the
death of said Nathan’s widow Ann Wingfield, mother of said Elizabeth--for the
benefit of said children until age 21 or married ... /s/ Wm. Davenport, Robert
Wingfield, Thomas Wingfield Wit: S. Garland, Chas. Davenport, Thomas
Woodroof, Jas. B. Edwards. (Amherst County, VA, Deeds, K:574)
Amherst Parish
Richard Davenport, 3 Polls, 4 Slaves, 2 Horses
Charles Davenport, 1 Poll, 2 Slaves, 2 Horses
Chappel Davenport, 1 White Tithe
Lexington Parish
Richard Davenport, 1 Poll, 1 Horse
Joseph Davenport [Name only and crossed out]
William Davenport, 1 Poll, 1 Horse
255
Source: Amherst State Property Tax Lists
William of Glover of Martin, Sr., was still in Bedford. His brother Joel
was back on the Tax List. William and Joel are entwined in marriage and
land records. Benjamin, by later evidence, was a son of William. These are
Paumnkey Davenports.
-----1808 – BIRTH YEAR: Richard James Davenport (IV), variously R.J. and Richard
in Census records, believed son of Richard Davenport (III), grandson of Richard
(II) and wife Jane Lewis, born during this year in Albemarle County, Virginia.
(Deduced from presence in Sumner County, Tennessee, where New Kent/Hanover
Davenports were found in Census of 1850, plus subsequent appearance in Census of
1880 in Napa County, California, where he was identified as the grandfather of Robert
Stalcup, son of Page Stalcup and Elizabeth Devenport, said Elizabeth, as age 7,
having been in Richard Devenport’s household in Sumner County in the Census of
1850.)
256
In the Census of 1850, Richard Devenport, age 41, was enumerated with his wife
Frances, age 44; daughter Frances, age 13; son Ballard, age 8; and daughter
Elizabeth, age 8, in Sumner County. On 7May1756, Page Stalcup married Frances S.
Deavenport in Sumner County. Frances apparently died after the birth of Richard
(identified as a Devenport in 1860, as a Stalcup in 1870.) Page Stalcup and Elizabeth
Deavenport were married 21Jul1859 in Sumner County, Tennessee, and had a son
James born a month before the Census of 1860.
In the Census of 1860, Ballard Devenport, age 19, was enumerated in Sumner
County in the household of Page Stalcup, age 43, wife Elizabeth, age 18, along with
Richard Devenport, age 3, and James Devenport, age 1 month, Elizabeth being noted
as having been married within the last year.
In the Census of 1870, Page Stalcup, age 62, was enumerated in Hot Springs,
Napa County, California, with a household that included wife Elizabeth, age 28, and
sons Richard, age 14; William, age 6; and Robert, age 4. (Note that Richard Stalcup
appears to have been the Richard Devenport in Page’s Tennessee household in
1860.)
In the Census of 1880, R. J. Devenport, age 80, was enumerated in Knox, Napa
California, with wife Sarah, age 73, and Robert Stalcup, age 13, noted as “grandson.”
A granddaughter Sarah Stalcup, age 8, was enumerated next door to R.J. in the
household of Thomas Standiford, age 68, grocer, and listed as “adopted,” born
California, father born Tennessee, mother born Missouri. Richard Stalcup, another
grandson, was living in a boarding house enumerated immediately after Standiford
as age 23, a ranch hand, born Tennessee, father born Tennessee, mother born
Missouri. Clearly Page Stalcup and wife Elizabeth were gone. In Census of 1860,
Elizabeth and Ballard, apparently children of R. J. were identified as having been
born in Missouri. Their sister Frances, surely Richard Stalcup’s mother, was also
born Missouri, per Richard’s statement in 1880. R.J. variously identified himself as
having been born” not given” in 1850, as in Kansas in 1870, and in Kentucky in 1880.
In the Census of 1870, he was identified as a Clergyman and Farmer; as a Farmer in
1880.
The Richard James comes from his voter registrations in California: In 1892,
the last year he was registered, he was listed as No. 3850 - Richard James Davenport,
age 92, 5’8½,” dark complexion, hazel eyes, gray hair, born Kentucky, voted in
Fresno Precinct No. 2, Fresno County, California. He had initially registered as No.
727 - Richard James Davenport on July 14, 1866, at Pope Valley Precinct, Napa
County, California, age 66, born Kentucky, a Farmer and Preacher. Jacob Elsbury,
who was enumerated in the same household as R.J. in 1870, was registered to vote in
the same precinct.
R.J. ‘s son Ballard raises concern about this identification, for a Ballard
Davenport was a son of Richard Davenport of Charlotte County, Virginia, son of John
the Bankrupt, and one of the two Pamunkey Davenports known to have passed down
the New Kent/Hanover DNA. Ballard of Richard of Charlotte did not move to
257
Kentucky until 1810, hence could not have been the father of Richard James
Davenport, who claimed Kentucky as his 1800 birthplace. Note should be taken that
Richard gave the wrong age, 41 instead of 50, and no birthplace for his first known
Census enumeration in Sumner County, Tennessee, in 1850. He had at least two
wives—a Frances in 1850, a Sarah by 1870. Note also that R.J. apparently
abandoned three children enumerated in his1850 household, namely Frances,
Ballard and Elizabeth, for by 1860, Frances was dead, leaving a son Richard Stalcup,
and Page Stalcup had married her sister Elizabeth. Richard, age 3, enumerated as a
Davenport in 1860, as a Stalcup in 1870, had gone to California in his father’s family
before 1866. The one month old James Davenport, enumerated in Page Stalcup’s
1860 Sumner County household, was surely James Stalcup, son of Elizabeth, aunt to
Richard Stalcup. We have found nothing further concerning the infant James.
The age differential between Stalcup, age 43, and Elizabeth, age 18, in 1860
implies family dysfunction, for Elizabeth’s brother Ballard was living in the
Stalcup family in Sumner in 1860. Apparently, R.J., got a new wife and religion,
or vice versa, then went to California with the Stalcups. Ballard was of age for
Civil War Service, has not been found in other public records since 1860. B.
Davenport was a Private in Co. E, 30th Tennessee Infantry, Confederate States
Army. We do not know if he survived, for he is recorded as having been a Private
into the Company, and a Private out (but casualities were listed as mustered out
at their rank on the date of their deaths). We think not, for we have not been able
to locate other information. Whether “B” stood for Ballard remains unresolved.
Sumner County loose records include a lawsuit involving Richard Davenport, and a
record or records in the Bill of Sale Book 1808-1863. Perhaps he sold his land in
Sumner County to make the overland passage.
31Mar1808 -- PERSONAL PROPERTY TAX LISTS filed with Commonwealth: All Counties
258
This cause remained on the docket, but was dormant. Under the terms of
Richard, Sr.’s will, his Widow Elizabeth had a life interest in whole estate. There
could be no distribution until after her death.
Amherst Parish
Richard Davenport, 1 Poll, 3 Horses
William Davenport, 1 Poll
No Joseph. Both Davenports likely were Richard, Jr., and his son
William, who had moved in from Albemarle.
259
Edmund Jones’ List
Martin Kennedy, 1 Poll, 4 Slaves, 4 Horses, 14 Acres with 36 Acres conveyed to
James Seay
Charles Kennedy Estate, 300 Acres
4May1809 – DEED OF TRUST: Hezekiah Arnold, wife Croshey C, of the first part;
George Pottie and Aaron Arnold, of the second part; and John Edwards, of the third
part—all parties being of Louisa County, to secure debt owed said Pottie of £61/5/7,
and save harmless said Pottie and Aaron Arnold, his security for the said Hezekiah
on a judgment bond payable to William Kimbrough for £116/10/1, and for £1 paid said
Hezekiah by the said Edwards, 241½ acres in Louisa County on waters of Rocky
Creek, being the tract whereon the said Hezekiah “now lives,” adjoining Reuben
Arnold, William Spicer, Matthew Carpenter, Francis Jerdone, Nelson Moss, and Ann
Fleming; also two slaves, various furniture items. Said Hezekiah to pay said Pottie
and satisfy Kimbrough’s judgment as agreed or Edwards to sell land, slaves, and
chattels to satisfy the creditors, etc… /s/ Hezekiah Arnold, Croshey C. Arnold,
Aaron Arnold. Wit: George Harris, Nathl Thompson, Davod Hall. (Louisa County,
VA, Deeds, L:208)
The Arnolds failed to redeem the land, which included Richard Davenport, Sr.’s
County Line tract, moved to Georgia. In 1834 Hezekiah Arnold, age 70, of Stokes
County, North Carolina, filed for a Revolutionary War pension. He claimed he had
been born in King George County, Virginia; had served for a year in the Virginia
Continental Line, thereafter in a number of Spotsylvania County militia units as
both a substitute and a volunteer, had been at Yorktown when Cornwallis
surrendered. Since the Revolution, he asserted, he had lived in Spotsylvania,
Hanover, and Louisa counties, Virginia; in Madison and Franklin counties,
Georgia; and now lived in Stokes County, North Carolina. He made no statement
as to wife and children. He was granted the pension.
260
31Mar1810 - PERSONAL PROPERTY TAX LISTS filed with Commonwealth: Albemarle
County
Consolidated List
Richard Davenport, 3 Polls, 1 Slave
This is Richard the III, son of Richard Jr. of Richard of County Line &
Albemarle (or “Sr.”). Enumerated in the Census of 1810 as being of Age of
25 and not older than Age 44, He has 5 males and 3 females Under Age 10
in his household. This is the household where Charles Lewis Davenport (b.
© 1805) and William D. Davenport (b. © 1805) , and possibly John L.
Davenport and Richard James Davenport (b. 1808) grew up. The additional
brother and the three sisters have not been identified.
261
According to the Census of 1810 (see below), only Joseph Davenport,
Sr., Joseph, Jr., and Edmund were enumerated in Bedford that year,
which meant that only Edmund was both tax listed and enumerated.
Given that tax assessing was done in the Spring, while the Census was
taken in the Summer, there was a time window for moving out and moving
in. The action would have been among the New Kent/Hanover
Davenports: George and Charles moved out, Joseph, Sr., and Joseph, Jr.,
moved in. Benjamin was the son of William, could have been enumerated
with his father, but would have been listed separately on the Tax List if he
was paying his own poll tax and for his horse. William, a Pamunkey, was
a son of Glover of Martin, Sr., and a longtime resident of Bedford. Charles
and George previously appeared in Amherst records, were sons or
grandsons of Joseph, Sr., son of Richard, Sr., of Albemarle.
ALBEMARLE COUNTY
No Davenports Enumerated
Frederickville Parish
Joseph Canady * 10001 10110 0
0
Thomas Jefferson 14 2 3 4 2 12 4 7 1 147
BEDFORD COUNTY
Joseph Davenport [Jr.] 0 1 0 1 0 2 0 0 1 0 0 1
Edmund Davenport 00010 00000 00
Joseph Davenport, Sr. 01201 002 1 1 09
BUCKINGHAM COUNTY
Ann Davenport* 00000 00001 32
CAMPBELL COUNTY
Charles Davenport 111010 00000 01
Joseph Davenport 010001 20010 00
Whose Joseph this was is yet to be resolved. Charles was likely a son
of Joseph, Sr., of Bedford. Charles, son of Glover, was still too young in
1820 to be head of a household.
NELSON COUNTY
Chappel Davenport 1 1 0 0 1 0 3 0 0 1 0 1 1
Thomas Davenport 0 0 0 1 1 0 0 0 0 0 2 0 0
263
Davenport remains unidentified, but could be a younger son of Joseph, Sr.,
of Bedford.
Source: County Schedules cited, Census of 1810
Edmund Davenport, likely the same who had been listed and
enumerated in Bedford County in 1810 was living in Charlottesville.
County List
Richard Davenport [Sr.], 3 Polls, 2 Horses
Richard Davenport [Jr.], 1 Poll, 1 Slave, 1 Horse
264
Source: Bedford State Property Tax Lists
This was Joseph, Sr., eldest son of Richard of Albemarle, two of his sons,
and two polls unidentified, possibly additional sons.
What land, if any, James Kennedy was conveying here is a mystery. There is
no record in Louisa that James ever owned any land there. If, as a co-executor of
his Father’s will, he was conveying the 175-acre tract that was the life estate
devised by Charles Kennedy to his widow Crosha, and then to all of his heirs, James
was out of line. William Wash, the son-in-law also named by Charles Kennedy as
an executor, was still living and was a Justice of the Peace of Louisa. He would
have had to join in the deed to make it valid. Under the terms of Charles Kennedy’s
will, the land and chattel set aside for the Widow Crosha were to be scrupulously
preserved, that they might be divided among all of Kennedy’s heirs at her death. A
stewardship of that interest was demonstrated by the suit Kennedy’s heirs brought
against the Widow earlier.
This deed does not appear in a Louisa Deed Book nor does it appear in the Deed
Index. Crosha Davenport was tax listed for 175 acres in 1811 and Martin Kennedy
was tax listed for 175 acres in 1812, likely the same tract.
30Sep1813 – ARMY ENLISTMENT: Fields Kennedy, age 38, 6’0,” born in Hanover
County, Virginia, enlisted in the 39th Infantry Regiment, United States Army, at
Columbia, Tennessee; promoted to Sergeant, 30Nov1813; muster roll for Sep1814
notes him present, sick. (Virginia Soldiers in the U.S. Army, 1800-1815)
Kennedy was the youngest son of Charles Kennedy and his wife Crotia
Davenport. He had left Virginia for Georgia with his brother William in 1791, had
been William’s heir when age 16. Now twenty-two years later, he was enlisting as
a common soldier, evidence that he had not prospered financially. In 1810, on
advice of his brother-in-law William Wash, he had authorized his attorney to bring
suit against his sister-in-law Delphia Kennedy, widow of Garrett, his eldest
brother, concerning ownership of a slave. Delphia was the youngest daughter of
William Davenport, Sr., of Spotsylvania. The suit had not gone well. Fields
appears no further in records searched and may have been a casualty of the War
of 1812.
265
31Mar1812- PERSONAL PROPERTY TAX LISTS filed with Commonwealth: Albemarle
County
Consolidated List
Richard Davenport, 1 Poll
Richard Davenport. Jr., 1 Poll, 1 Slave, 1 Horse
Richard Davenport, Sr., 3 Polls, 2 Horses
The third Richard likely was the son of Joseph, Sr., eldest son of the
New Kent/Hanover patriarch, who had returned to Amherst from
Bedford. He will disappear from the tax roles in 1813 but will reappear on
the muster lists for the War of 1812 in Kentucky. He will receive land
bounties in Christian County Kentucky and in what will become Johnson
County Missouri. Descendants of his son, William D. Davenport, bear the
New Kent/Hanover DNA.
In coming tax years, Richard Sr., son of Richard of County Line &
Albemarle (formerly known as “Richard Jr.”) and his son Richard, Jr. (aka
“Richard III), will remain in Amherst County (although Richard Sr. will be
missing in 1815 and will not appear in 1818 or at any point thereafter.)
266
31Mar1812 - PERSONAL PROPERTY TAX LISTS filed with Commonwealth: Bedford
County
8Sep1812 – ARMY ENLISTMENT: Edward Davenport, age 35, 5’10”, hazel eyes, fair
complexion, fair hair, wagoner, born in Albemarle County, Virginia, enlisted in the 12th
Infantry, United States Army, at Salem, Virginia;as discharged 5Jun1815 at Buffalo,
New York, for scald head. (U.S. Army Record of Enlistments, 1798-1814 [data base
online], (Provo, Utah: Ancestry.com, 2007).
By his year of birth, namely 1777, and its location, namely Albemarle County,
Edward was likely a member of the Joseph Davenport, Sr., family.
Salem, Virginia, where Edward enlisted was on the west side of the pass
through the Blue Ridge from Bedford County where the Joseph, Sr., family was
then located.
County List
Richard Davenport, 1 Poll, 1 Slave, 1 Horse
267
This Richard Davenport was most likely Richard, son of Joseph, son of
Richard of County Line & Albemarle.
Richard III had departed for Kentucky and the War of 1812. We do not
know why Richard Sr. (formerly Jr.) does not appear on this record.
This was surely Joseph Davenport, son of Richard Sr., Tobacco Inspector. “He
departed to Bedford County in 1807 concurrent with Nelson's creation, hence never
appeared in Nelson records. The key was his two appointments as a Tobacco
Inspector--one was for the Tye River Warehouse, the other was for Camden's
Warehouse, both of which were well within Nelson after 1807.”-JSD.
Richard III had left for western Kentucky prior to the 1813 tax season.
Kentuckians responded in overwhelming numbers to the call to support the
United States during the War of 1812—the vast majority of casualites were
among Kentuckians.
268
Whitsett (aka Whitsitt) was born in Amherst County in 1780, making him a
contemporary of Richard III. Richard Davenport III mustered in in Logan County,
Kentucky.
Sons and grandsons of Richard of County Line and Albemarle appear first,
with this record, in Logan County, from which part of Caldwell County will be
created. By 1816, Richard of County Line and Albemarle’s son David will be in the
records in Caldwell County. In 1815, Richard III will be granted land in Christian
County, for his War of 1812 service, and, again, a part of Caldwell County will be
carved out of Christian County. These descendants establish a community of New
Kent/Hanover Davenports in Caldwell County.
7Oct1813 – ARMY ENLISTMENT: Edmond Davenport, age 32, 5’6’’, blue eye, light hair,
light complexion, born Amherst County, Virginia, teacher, enlisted in the 20th Infantry
Regiment, United States Army, at Richmond, Virginia, for the War. Served as Clerk,
died at Defense of Norfolk, Dec1814. Widow pensioned. (U.S. Army Record of
Enlistments, 1798-1814 [data base online], (Provo, Utah: Ancestry.com, 2007).
County List
Richard Davenport [Sr./Jr.], 2 Polls, 2 Horses
Richard Davenport, 1 Poll, 1 Slave, 1 Horse
William Davenport, 1 Poll
269
Source: Amherst State Property Tax Lists
Richard Davenport (now Sr., formerly Jr.) son of Richard of County Line and
Albemarle, was back in Amherst County. His son, Richard III, remained in Kentucky.
Richard, son of Joseph, son of Richard of County Line & Albemarle, continued in
Amherst County.
List A
Richard Davenport, 1 Poll, 6 Cattle
William Davenport, 1 Poll
John L. Davenport, 1 Poll, 2 Horses, 5 Cattle
Consolidated List
William Davenport, 1 Poll, 1 Slave, 2 Horses
Christopher Davenport, 1 Poll
270
Source: Bedford State Property Tax Lists
The Josephs had either moved elsewhere or both were omitted from
the Tax List this year. William was the son of Glover. Christopher, son of
Joseph, was William’s son-in-law, was a veteran of the War of 1812
remained in Bedford or adjoining Campbell for the rest of his life.
List A
Richard Davenport, 1 Poll, 3 Slaves, 1 Horse
271
Richard Davenport, 1 Poll, 2 Slaves
Richard Sr. (formerly Jr.) continued in Amherst County, as did his cousin, Richard,
son of Joseph, son of Richard of County Line and Albemarle.
Whether this was William who had appeared on the list earlier
restored to liability or a new William has not been vetted.
272
Joseph, Jr., was likely of the line of Richard, Sr., of Albemarle, had previously
been located in Bedford and before that had been in Amherst (see above).
List A
Richard Davenport, 2 Polls, 1 Horse
Richard Davenport, 3 Polls, 1 Horse
John L. Davenport, 1 Poll
Richard Sr. (formerly Jr.) continued in Amherst County, as did his cousin, Richard,
son of Joseph, son of Richard of County Line and Albemarle.
273
Glover Davenport of Charlotte, 400 Acres on Cub Creek, 18 miles SE of Court
House.
List A
Richard Davenport, 2 Polls, 1 Horse
John L. Davenport, 1 Poll
Richard Sr. (formerly Jr.) had left Amherst County to join Richard III in Kentucky. His
cousin, Richard, son of Joseph, son of Richard of County Line and Albemarle,
continued in Amherst.
274
31Mar1818- PERSONAL PROPERTY TAX LISTS filed with Commonwealth: Bedford
County
Per Census of 1850, Elizabeth was born c1794. Alone as to her own family, she
was living with her father William Davenport, age 82, and her sister, brother-in-
law and their family, all in one household.
This was a marriage of first cousins once removed. Sarah was a grand-
daughter of Richard of County Line & Albemarle (I), by Richard (II). William, if
the widower, was a grandson of Richard (I), by eldest son Joseph. John L.
Davenport was a brother to the bride. Witness Richard, Jr. (III), was an older
brother of John L. and Sarah.
Northern District
Joseph Davenport, 2 Polls, 3 Slaves, 2 Horses
275
31Mar1819 - PERSONAL PROPERTY TAX LISTS filed with Commonwealth: Albemarle
County
List A
William Davenport, 1 Poll
Achilles Davenport, 1 Poll
List B
John L. Davenport, 1 Poll
276
This appears to have been Charles, son of Joseph and grandson of
Richard, Sr., of Albemarle. Charles S. Davenport, son of Glover, Decd.,
would have been in his midteens at the latest, would not have been a
taxable.
This was a son of Richard, Jr., of Richard, Sr., age 30, marrying a first cousin
once removed, a daughter of William, son of Joseph, Sr., of Richard, Sr.
List A
Achilles Davenport, 1 Poll
List B
John L. Davenport, 1 Poll
277
Source: Bedford State Property Tax Lists
List B
Charles Davenport, 1 Poll, 2 Horses
31Mar1820 - PERSONAL PROPERTY TAX LISTS filed with Commonwealth: Nelson County
278
ALBEMARLE COUNTY
AMHERST COUNTY
* Something was afoot. Joseph Kennedy was assessed for a Poll Tax
consistently in Albemarle, while apparently maintaining a Black
household in Amherst, for which he was not assessed. The female in this
household was apparently a free Negro. The slaves had increased since
1810. Where were all the presumably White persons enumerated in
Joseph’s 1810 household? In the Census of 1830 and 1840 Joseph was
enumerated in Albemarle, heading households comprised of Free Negroes.
BEDFORD COUNTY
Christopher Davenport 1 0 0 0 1 0 1 0 1 0 1 0 0
(in Town of Liberty)
BUCKINGHAM COUNTY
CAMPBELL COUNTY
Lynchburg
Charles Davenport 111010 00000 01
Northern Division
Joseph Davenport 010001 20010 00
NELSON COUNTY
279
George M. Wood’s List, St. Ann’s Parish
Richard Davenport, 1 Poll
Thomas Jefferson, 1 Poll, 56 Slaves, 13 Horses
Had Richard Sr (formerly Jr.) returned to Albemarle County from Kentucky? Perhaps.
We suspect so, for he will re-appear in 1822.
List A
Sarah Davenport, No Polls, 2 Slaves
280
Richard Davenport, 1 Poll, 1 Horse
Thomas Jefferson, 1 Poll, 52 Slaves, 14 Horses
© 1822 — DEATH: Richard Jr., known as Richard Sr. after the death of his father, likely
died this year or in 1823 prior to the summer tax season.
If he had returned to Albemarle County in 1820 in time for the summer tax season, as
we believe he did, he remained there in 1822. But this will be his last appearance in
Virginia records. He would have been 67 years old this year and may have died.
He may also have departed for Kentucky and died there. No will has been located.
281
25Nov1823 – MARRIAGE: Edmond J. Mills and Mary Davenport, daughter of
William Davenport. Surety: Robert S. Mills. Married by William Harris,
26Nov1823. (Bedford County, VA, Marriages, ?:?)
According to the Census of 1850, Mary was born c1801. The couple was living
at Mossy Creek, District 9, Jefferson County, Tennessee, Census of 1870.
We include this deed to note the presence of John Draper in Caldwell County. Draper
will later travel with his son-in-law William D. Davenport to Johnson County,
Missouri. See Case Study C in Appendices. (We mark this record blue because it relates
ot a descendat of Richard of County Line and Albemarle. Draper is not a blood-
relative.
Surety Purnell had married Elizabeth Davenport, Celia’s sister, in 1818. Celia,
as Seline, born c1805, and husband, their family and her sister Elizabeth Purnell
were living in a household headed by William Davenport, age 82, in Bedford in the
Census of 1850.
282
We speculate that this W. Davenport was a Pamunkey but more research is required.
In 1855 when title to land in Kennedy’s estate was cleared, heirs conveying
their interests were located in Orange, Greene, and Madison counties, Virginia; in
Cannon County, Tennessee; in McCracken County, Kentucky, and Ralls County,
Missouri.
27Mar1828 – ENLISTMENT IN ARMY: Achilles Davenport, age 29, 5’9”, blue eyes, dark
hair, dark complexion, of Bedford County, Virginia, Laborer, enlisted for five years,
served with Company H, 4th Infantry, discharged 27Mar1833 on expiration of
enlistment at Key West, Florida. (U.S. Army Record of Enlistments, 1798-1814 [data
base online], (Provo, Utah: Ancestry.com, 2007).
10May1828 – DEATH: Mrs. Mary Davenport, age 77, widow of Joseph Davenport
of Amherst County, member of the Methodist Church. [Baber, Lucy H.M., Marriages
and Deaths from Lynchburg, Virginia, Newspapers, 1794-1836 (1993), 172]
11Aug1828 - LAST WILL & TESTAMENT: Richard Davenport of Charlotte County. Made
this date; probated 5Aug1833. Named wife Rebecca, to have land and plantation on
Buffalo Creek in the Lower end of Charlotte County “on which I presently reside” and
six Slaves [named], and at her death the said land and Negroes to go to her children
and their heirs agreeable to the will of Mr. Mosely, her father. The tract of land on
Cubb Creek to be laid off into as many separate lots as deemed proper and sold by my
Executors, and the proceeds therefrom to be divided equally among eight children
herein named, to wit: daughter Sarah Matthews, widow of William Matthews; heirs
of son Glover Davenport, "now dead"; daughter Mary Franklin, wife of John
Franklin; daughter Anne Lewis, wife of E. S. Lewis; daughter Catherine North,
wife of Putnam North; son Jack Smith Davenport. Some years past gave son
Ballard Davenport his inheritance. Remainder of Estate to be equally divided
amongst nine children herein named: Sarah Matthews, Glover Davenport,
Decd., Mary Franklin, Ballard Davenport, Anne Lewis, Jack S. Davenport,
Martha Edwards, wife of Bernard Edwards; Martin W. Davenport, and
Catherine F. North. Executors: wife Rebecca, son Martin W., and son-in-law
Putnam North... /s/ Richard Davenport. Wit: J.M. Jeffreys, George Roberts, Wm.
P. Watson. (Charlotte County, VA, Wills, 7:109)
Richard, “son” of “John the Bankrupt” and supposedly last surviving grandson
of Martin, Sr., of Hanover, was in his 83rd year when he died on 7May1833. He
was born in the County Line community of Hanover/Louisa counties where
283
Richard Davenport, the New Kent/Hanover patriarch, was a near neighbor to his
parents. On 11Oct1832, despite his wealth, he applied for a pension as a
Revolutionary War veteran--and it is from his pension application, made under
oath, that much of the data relative to his life is drawn. Rebecca Mosely, widow
Johnson, was Richard's second wife and was not the mother of any of his children.
By circumstantial deduction, his first wife and mother of his children was Eliza
Glover of Buckingham County, whose dower surely was responsible for the wealth
that Richard had when he appeared in Charlotte County in 1779. Richard married
Rebecca, Widow Johnson, another wealthy heiress, in 1811 in his 61st year and had
moved to her plantation in Southern Charlotte to live out his life. At the time of
their father's death, Ballard and Jack Smith Davenport were residents of
Kentucky, and Martin W. Davenport, having married in New Jersey, was living in
Lynchburg, Campbell County. Glover had died in the War of 1812 as a Captain of
Campbell County Militia in the Defense of Norfolk (1814).
284
[Charles] Lewis Davenport was a New Kent/Hanover Davenport by DNA
proof. His descendants and researchers identify him as Charles Lewis Davenport
and Mary Harris as Mary Ann Harris. He settled in Sumner County at his
marriage but his widow returned to western Kentucky—some Harris researchers
claim to her brother’s household in Crittenden County—at his death prior to 1850.
Charles Lewis Davenport appears in the 1840 census for Sumner County as
CL Davenport. In the 1850 census for Sumner County, TN, CL Davenport’s widow
appears as Mary A. Davenport. Other Davenport searchers propose that Mary
Ann Harris’s father was William Harris (who may have already made a records
appearance as a minister, see above) but this is yet to be established.
ALBEMARLE COUNTY
No Davenports Enumerated
Joseph Kennedy 000000001 None 0
Jane Kennedy * None None 0
285
* Jane Kennedy is enumerated immediately following Joseph as a Free
Negro with two Free Negroes, both under Age 10. The assumption being
that Jane was Joseph’s wife and the children were his.
AMHERST COUNTY
BEDFORD COUNTY
BUCKINGHAM COUNTY
CAMPBELL COUNTY
NELSON COUNTY
286
Source: Bedford State Property Tax Lists
This was Richard, son of “John the Bankrupt” and Pamunkey carrier of the
New Kent/Hanover DNA. On 11Sep1833 Reuben Harris advised the Pension
Bureau that Richard Davenport had died on 7May1833, leaving a widow Rebecca
and children living in Virginia and Kentucky, and that Putnam North and Martin
W. Davenport were Executors of the Estate.
287
5Aug1833 – PROBATE: Richard Davenport, late of Charlotte County, Decd. The Last
Will & Testament of the Decedent exhibited in Court by Putnam North and Martin
W. Davenport, executors named therein, and proved by witnesses thereto. Letters
testa-mentary granted to said Executors. (Charlotte County, VA, Wills, 7:109)
This was Richard, “son” of “John the Bankrupt” and Revolutionary veteran,
dead in his 84th year.
This was John L.’s second marriage. He was a son of Richard Davenport, Jr.,
son of Richard, Sr., of Albemarle.
288
12Mar 1839—MARRIAGE: John Davenport to Susan Hendrix. Forsyth County,
Georgia.
This is John, son of Charles of John of Richard of County Line & Albemarle—
in other words, Richard Sr.’s great-grandson. John’s father Charles was born in
VA c1787, just before John, son of Richard Sr. left (in 1791) to join his brother
Charles in Abbeville, SC. Charles (son of John)’s wife Jane Moore was born c1798
in South Carolina. The only marriage record for them yet found is this:
In the 1850 census, Charles, son of Johnn of Richard Sr., age 63, lived in
Forsyth County Georgia, with his Jane, 52, and two children yet at home: Eliza J.
(b. GA), 22, and Joesph, (b. GA) 16. Other children are yet unidentified.
SUMNER COUNTY
This is Charles Lewis Davenport, son of Richard III, in Tennessee with his own
household. William R. Davenport wasa Pamunkey, son of Mary Rutherford and ?
Davenport.
ALBEMARLE COUNTY
No Davenports Enumerated
Joseph Kennedy * 000000001 None
0
289
* Joseph Kennedy is enumerated with Free Negroes: Males: Under 10
= 2; Females, Under 10 = 1; and 25-35 = 1. A household including Kennedy,
age 60-70, and five Free Negroes.
AMHERST COUNTY
BEDFORD COUNTY
Northern District
Yancey Harris * 010001 31 1001
1
William J. Davenport 00001 0001
0
Christopher Davenport 1 1 1 0 0 1 0 2 2011001 14
290
Christopher Davenport was a son of Joseph, Sr., and a veteran of the War
of 1812.
BUCKINGHAM COUNTY
Ann Davenport, who would die before the end of the year, was
located in that part of Buckingham that was taken into newly erected
Appomattox County by 1841. Appomattox included portions of
Buckingham, Charlotte, Prince Edward, and Campbell.
CAMPBELL COUNTY
NELSON COUNTY
1Aug1847 – ARMY ENLISTMENT: Charles Davenport, age 21, 5’8”, brown eyes, black
hair, fair complexion, born Campbell County, Virginia, a Painter, enlisted at Louisville,
Kentucky, Co. E, 16th U.S. Infantry. Discharged as Private, 5Aug1848, at Newport,
Kentucky, on expiration of enlistment. (Ancestry.com. U.S. Army, Register of
Enlistments, 1798-1914 [database on-line]. (Provo, Utah: Ancestry.com Operations
Inc, 2007).
24 AUG1840 – DEED MENTION: 24 August 1840 James Wood from H & D. Adams
all of said county, for $15.00... Dry fork of Eddy Creek, Davenport's line, stake at James
Wood's Survey... and his corner...15 acres more or less...(Caldwell County Deed Book
letter I: 567)
291
A Davenport presence continued to be recorded in Caldwell County.
This was Richard James Davenport, son of Richard III, and brother of Charles
Lewis Davenport and William D. Davenport.
22Dec 1859 – DEATH: Betsy Allcock, nee Betsy Davenport, age 84, born King
William County, Virginia; died, Amherst County of Dropsy; White, Married; Father:
John Davenport; Mother: Molly Davenport: Spouse Name: J. Allcock, Sr.
(Virginia, Deaths and Burials Index, 1853-1917 [database on-line]. (Provo, Utah:
Ancestry.com Operations, Inc., 2011)
292
When John Allcock and Betsy married on 6Dec1793, her father’s name on the
Bond was Joseph Davenport. Joseph’s wives on record were Nancy, Betsy and
Mary. Whatever, it is highly unlikely that Betsy was born in King William County,
a location totally out of context for the Joseph Davenport family.
Christopher was the last surviving grandson of Richard of County Line &
Albemarle.
CONCLUSION
As we began sifting and analyzing the records, we had to piece together the New
Kent/Hanover Davenport line from materials where Davenports were given scant
reference. At the outset, this proved frustrating work. But we came to realize that the same
process that allowed us to identify the New Kent/Hanover Davenports also
developed a vibrant portrait of the County Line community, first, and the activities of
Albemarle County during the Revolution second. In the documented evidence of the New
Kent/Hanover Davenports, we find the comings and goings of kin and neighbors, the
petty squabbles that landed in court, the marriages and births and estate proceedings of
families engaged in the daily business of life. We have done our best to interpret the
records as much with an eye toward the humanity of the individuals as with an eye toward
proving family connections. We were interested in the stories that the records told and
we have tried to include those stories here.
293
Among all the individuals enumerated, Davenport Kennedy is a central player
in uncovering the New Kent/Hanover line. His story reveals the world of Richard of
County Line & Albemarle and permits us correctly to interpret the scant information
we do have. Through the interplay of Davenport Kennedy’s records with Richard of
County Line & Albemarle’s records we can revise—and therefore correct—
identifications of various Davenports in the geopolitical region heretofore thought to
belong only to Pamunkey Davenports.
Having focused on our principals, we cease to identify their presence in bold type—
and now continue:
The Richard of County Line & Albemarle’s story formed our chief interest and we
learned a great deal about the man. He valued work and progress, for he acquired land
and had a handsome estate at his death. He was a slave-holder and participated in that
brutal system. He took care of his own and for more than 25 years provided a place to live
and work for his brother’s bastard son on his own County Line tract. In his will, he
provided freedom for his son Martin, born to a slave woman and to Richard, at the age of
21. Richard’s tenderness toward this late in life child transcends Martin’s beginnings in
slavery, for Richard did not fail to acknowledge Martin as his son and made provisions
for his future. We are sorry that we cannot track him further in the records. Similarily,
Richard’s uncertainty about the abilities of his younger son, Richard Jr., is also clear. He
removed Richard Jr.’s inhertance from Richard Jr.’s control and went so far as to make
Richard Jr.’s brother Charles the trustee for Richard Jr’s portion of the estate, even
though Charles lived in another state. These actions suggest that Richard wanted to insure
that sustainable provisions were made for Richard Jr., not that he wanted merely to
punish him.
Richard’s connection to the Cherokee tribe through his marriage to Elizabeth Benge
Hamner was a surprise. As far as we can tell, his first wife—identity unknown, was white.
His second wife was Cherokee. And he had a relationship with an African-American
woman that brought him a child late in life.
294
and ongoing problem with handling money—although, as we pointed out in tnhe analysis
of the records, Richard Jr.’s troubles in Georgia clearly had a racial component as well. In
the end, it seems that Richard wanted his son Charles (who by all counts was an ethical
and prosperous man) to look out for Richard Jr., even if Charles had to do it from afar.
Richard of County Line & Albemarle also had a litigious and punitive streak, as
evidenced by the law suit he would not surrender over the course of 25 years—a lawsuit
that pitted him against a powerful family. This bespeaks either high self-confidence or
foolishness. Or he may simply have had a strong sense of justice: he had been bilked and
he wanted his money back, no matter what it took.
Finally, we find in Richard of County Line & Albemarle a lust—quite literally—for life.
He did not limit himself to his own marriage bed but found time for pleasure among the
women who were his neighbors. The key fact that we cannot know and will never know
was if these events were consensual. That is, we don’t know if the neighborhood
Davenport, Overton, and Woodruff women welcomed Richard with open arms or if he
simply took what he wanted. And, as we’ve discussed, in the case of the Woodruffs and
Overtons, it may well be that Richard’s illegitimate Pamunkey Davenport sons provided
Richard of County Line & Albemarle’s DNA for these lines. Whatever the case may be,
Richard’s night rambles occasioned significant consternation among descendants of these
families in the 21st century. We hope we have resolved these matters to the satisfaction of
all parties but we recognize that some may never agree with our interpretation of the
records. Disagreeing with the DNA proof is another matter altogether, however.
Does this monograph mean to suggest that all of the research on this line is
complete? Far from it. In fact, this monograph only makes a start. Questions remain about
families whose members took a greater than average interest in Davenport affairs,
including the Venables, the Jerdones, and the Lumsdens. Families related to the lines of
Richard’s grandsons and great grandsons need to be researched as well. Each reader of
this monograph, in fact, will be able to identify places where more research will be
welcome.
Our goal, however, was not to elucidate this tree down to the 21st century. Instead,
we wanted to identify the New Kent/Hanover paper-trail presence in Colonial Virginia,
extract that presence from the Pamunkey Family Tree, and tell the New Kent/Hanover
story in pre-Revolutionary America and beyond. In the family case studies that follow,
295
readers will find stories of the Civil War, the Kansas-Missouri border war, the overland
emigration west, and the Klan, among others. We invite you to read on.
(Interested readers will also find an Appendix, which consists of the late John Scott
Davenport’s assemblage of records pertaining to Woodruffs/Woodroofs living in
proximity to the New Kent/Hanover Davenports during the period when Richard of
County Line contributed his DNA. This study was completed three years before the
completion of the New Kent/Hanover monograph and has not been altered to reflect the
new DNA identifications. It will have value to Woodruff researchers. The analysis has not
been altered since John Scott Davenport wrote it. )
Case A
John was son of Richard of County Line & Albemarle. Susannah Pettus was
the daughter of William Pettus and Susannah Graves of Louisa County, Virginia.
She was the granddaughter of Thomas Graves and Ann Davenport. Ann was the
296
only known daughter of Davis Davenport of King William County, Virginia,
patriarch of the Pamunkey Davenports.
In the 1820 census, he and Peggy were back in Autauga County, Alabama.
We do not know what became of Isaac—he does not appear on the next census
and may have died.
Kump was a laborer. Emery had prospered: his real estate was now worth
$1500, as was his personal property.
In the 1870 Federal Census, Emery was a farmer in Precinct 4, Baker County,
Alabama [Chestnut Creek Post Office] with real estate valued at $200 and personal
property valued at $150. In his household was Cynthia Davenport, age 40; Elmina
Davenport, age 16; John H Davenport, age 14; Cordelia Davenport, age 12; and
Arminda Davenport, age 9.
We certainly see the effects of the Civil War on Emery’s family finances; in ten
years, he lost nearly 90% of his wealth.
297
In 1880, still farming, Emery lived in Clanton, Chilton County, Alabama, with
wife Cinthy, age 50; Paleva Davenport, age 21; Louisa Davenport, age 19; and Van
Smith, age 16.
Emery cannot be located in a census for 1900, nor can his grave be located yet.
We follow him no further.
Because John Forbes Davenport’s descendants provided us with the DNA link
to Richard of County Line & Albemarle, we track his life throughout this study.
Likely Jamsa soon died—by 1850, James T. Davenport was back in Richard’s
house-hold. Family papers claim he married a “Mahaly” Unknown and had one
child, a daughter, Mary, born in 1860. We find no record of this marriage but we
do find a record in Autauga County of a “Mrs. Mahala Davenport” marrying Eli
Cheatwood in 1866 (see below).
298
Regiment was organized at Montgomery on 12 November, 1861, with
companies recruited from Autauga, Butler, Calhoun, Dale, Mobile,
Montgomery, Monroe, Morgan, Pike, and Tallapoosa counties. It was
ordered to Tennessee soon after and was engaged at the Battle of Shiloh,
with light loss, reporting 588 present for duty. It fought at Boonville,
suffering severely, and at Blackland with few casualties. The regiment
moved into Kentucky with the Army of Tennessee, as part of General
Joseph Wheeler's command. It was engaged at Perryville, and it
skirmished for several weeks thereafter. When the Army reached middle
Tennessee, the 1st was occupied in a series of skirmishes and then lost
heavily at Murfreesboro. It guarded the flanks and front of the Army, and
it protected the rear on the retreat to Tullahoma and Chattanooga, losing
heavily at Duck River. The regiment fought at Chickamauga with little loss
and was moved into east Tennessee with General James Longstreet,
fighting at Clinton, Knoxville, Mossy Creek, and other places, with some
loss in each. It was part of the force on the Sequatchee Raid, fought at
Dandridge, and operated on and harassed the enemy's front and flank
during the Dalton-Atlanta Campaign. The 1st was in the fight at Decatur,
with heavy loss, and took part in the capture of Union General George
Stoneman's column. Moving to the Tennessee, the regiment faced about
and pursued Union General William Sherman. It was in the fight at
Waynesboro, and it lost a number at Fiddler's Pond. The 1st participated
in the attack against Union Gen'l Judson Kilpatrick, and in the collisions
at Averysboro and Bentonville. Near Raleigh, a few days before the
surrender, the regiment drove the enemy. It surrendered as part of
Hagan's Brigade, Allen's Division, at Salisbury, NC,
about150strong,on26Apr1865.
(history.osu.edu/uscw/features/regimental/alabama/confederate/morg
an.cfm)
It seems that James T. Davenport did not survive the war. He disappears from
all records after his muster roll appearance in 1861; his widow re-married in 1866.
The history of his regiment provides plenty of information about how any man in
that regiment may have been subject to losing his life. We are unable to follow
Mahala and Eli after their marriage record.
299
5-9; 1 female of age 20-29; 1 female, Under age 5; 1 female of age 5-9; and one female,
age 70-79; and 1 Slave female, age 10-23.
John Forbes Davenport appears in the household of his father, either as the
male under five or the male five to nine. Gwinnett County was erected from a
portion of Jackson County, Georgia, and from land that had originally belonged
to the Cherokee and Creek tribes. In the first three decades of the Nineteenth
Century, such lands were opened to white settlers by means of a lottery system that
required residence in Georgia for 3 years prior to lottery registration. More
research is required to determine if Richard gained his land in Gwinnett County
by way of the lottery system; we speculate that he lived in Jackson County with or
near his wife’s family while attaining residency status.
Cyntha E. Davenport, named for her mother, did not appear on the 1850
census with Richard, but did not marry until December (census taking always
occurs in the summer). We strongly suspect that the young woman listed as
“Nancy” on the 1850 census (who does not exist elsewhere) was Cyntha. Her
marriage took place six months after the census: Cyntha E Devenport to Francis
H. Golson on 10Dec1850, Autauga County, Alabama, performed by J. W.
Brown. (Jordan Dodd, Liahona Research, Alabama Marriage Collection, 1800-
1969)
Neither Francis nor Cyntha has been located in Census records. A “F.M.
Golson” was taxed in 1866 for his cotton crop, which he grew in Vernon,
Autauga, County, but we think this may have been F. M. Golson of the 1830
census, father-in-law to Cyntha E. Davenport. We speculate that F.M. Jr., did
not survive the war and Cyntha married again. More research is needed.
Samuel Arthur Davenport was with his father Richard in the 1850 census.
300
1861—ENLISTMENT: Samuel A. Davenport,age 26, enlisted in the 3rd Alabama
Cavalry in 1861. (National Archives and Records Administration (NARA); Carded
Records Showing Military Service of Soldiers Who Fought in Confederate
Organizations, compiled 1903 - 1927, documenting the period 1861 -
1865; Catalog ID: 586957; Record Group #: 109; Roll #: 9.)
With other regiments, including the 1st, with which Samuel Arthur
Davenport’s brother James T. Davenport rode, these units made up
what was known as “Morgan’s Brigade.”
301
-----1840—FEDERAL CENSUS: Disrict 637, DeKalb County, Georgia: Richard
Devonport, age 40-49; headed a household consisting of 1 Male under age 5; 1 Male,
age 10-14; a Male, age 15-19; 1 Female , age 5-9: 1 Female, age 10-14; 1 Female Under
20, a total of 5 Free White Persons.
Charles Murphey Candler, an early Georgia historian, said this about De Kalb
at the centennial of the state’s creation:
"The early settlers of DeKalb were plain people of English, Scotch and
Irish descent, coming directly and indirectly from Virginia and the
Carolinas. They were poor, not highly educated, generally industrious and
temperate. They were small farmers, owning their homes, which were
generally log cabins and owning few slaves, many of them none at all. I do
not suppose there was in the entire county a single land and slave owner,
who because of the size of his holdings or farm operations, could have been
called a planter, such as were known in the older East and Middle Georgia
counties." Charles Murphey CandlerCentennialAddressNov.9,1922.
(http://bellsouthpwp.net/m/s/msaffold/dekalb%20history.htm)
-----1841—BIRTH: James Arthur Dean, b. abt. 1841, Georgia (John F. Davenport was
his guardian in the 1855 State Census)
Warren M. Davenport appeared on the 1850 census with Richard and again
on the 1860 census. In 1855, as enumerated on the Alabama State Census, his older
brother John Forbes Davenport was his guardian.
Warren served in the same unit as his brother Samuel Arthur Davenport. The
history of the 3rd Alabama Cavalry is included with Samuel’s entry (see above). All
three sons of Richard who served in the Civil War served in Cavalry units.
302
-----1870—FEDERAL CENSUS: Ward 1, Union Parish, Louisiana: Post Office: Farmerville:
Warren Davenport, age 25, born Alabama, White, headed a household consisting of
self, Devinca Davenport, age 34; Sally J. Davenport, age 1; Jincy J. Goyn, age 11, John
Goyn, age 9, and Matthew Goyn, age, 9.
This is tentative identification. Isabella should have been alive and present on
the 1850 census but she does not appear there. She does appear in 1860 at home
with Richard and Margaret.
-----1850—FEDERAL CENSUS: John Davenport lived with his wife Elizabeth and their
daughter Margaret E. Davenport, in Prattville, Autauga County, Alabama. This census
303
establishes his birth year as approximately 1825. (Source: 1850; Census Place:
Prattville, Autauga, Alabama; Roll: M432_1; Page: 17A; Image: 142.)
Margaret E. Davenport was not John Forbes’ biological daughter but he raised
her as his own (see below).
By totaling the number of free white males and free white females, the
household included John F. Davenport, his wife and daughter, some of his siblings,
and the wife and child of his younger brother Samuel (whose son John was born
1855). John’s older brother—Emery/Emory Davenport, b. 1824, Alabama—had
moved on; he married Cyntha Campbell on 30 Aug 1845, in Bibb County, Alabama,
and in the 1860 census appeared in Kingston, Autauga County, with his own
household. John was now in charge of the household of his younger siblings. The
James Davenport living next door to John F. was apparently another younger
brother.
But the most interesting fact is this: Richard Davenport, father of all of these
children, was still alive, as was the children’s mother Margaret, and two children
(Warren and Isabella) would remain at home in the 1860 census. Warren would
have been 14 in 1855, and Isabella, 10. One wonders why John Forbes Davenport
served as guardian to most—but not all—of his younger siblings in 1855.
John Forbes Davenport needed to raise cash after his siblings came to live with
him, which suggests that Richard Davenport was not able to provide for his family.
Perhaps he suffered a truly incapacitating illness for a number of years and was
cared for by his wife, with two of the youngest children available to help.
304
1Nov1858—LAND PURCHASE: John F Davenport bought 320.6 acres, being the W1/2,
S22, R18N, 16E, of Federal Lands for sale at the Greenville Land Office. (Original
data: United States. Bureau of Land Management. Alabama Pre-1908 Homestead
and Cash Entry Patent and Cadastral Survey Plat Index. General Land Office
Automated Records Project, 1996. Second record of the land purchase.)
Warren worked as a laborer. His brother John Forbes Davenport served as his
guardian in 1855 but in 1860 he had returned to his parents.
1862-1864 -- CIVIL WAR LETTERS: John F. Davenport--The nine letters include seven
letters from Davenport to his wife, Mary Jane. There are two other letters to Mrs.
Davenport from Robert Molton and Captain W. A. Middleton. The majority of the
letters written by Davenport describe camp life and his longing for his wife and
children. However, one letter describes the Battle of Chickamauga. The letter from
Molton tells Mrs. Davenport that her husband was wrongly listed as wounded after the
Battle of Chickamauga. Middleton's letter tells Mrs. Davenport how to file a claim as a
widow. (Alabama Department of Archives and History, Montgomery, Alabama,
36130 OCLC Number: 122387671, One folder)
10Aug1862 – LETTER: To Mary Jane Perry Davenport from John Forbes Davenport,
Tazewell, Tennessee, Cumberland Gap region: “I want to meet you all in haven whear
wares and fightings will be ore, whear wives and husbands part no more, whear
parence and children each other greete, wheare all is joy and pleasure sweat”(Reluctant
Rebels, p. 137).
Presumably he was writing “I want to meet you all in heaven where wars
and fightings will be over, where wives and husbands part no more, where
parents and children each other greet, where all is joy and pleasure sweet.”
1862-1863—MUSTER ROLL: Hilliard's Legion: 1st Battalion, Muster Roll, 1862-1863 Co.
"G" (Montgomery County) included Private DAVENPORT, J. F.
306
transferred to the 10th Confederate Cavalry Regiment, 30 Dec 1862. The
artillery arm, the Fourth Battalion, was also detached. Part of this battalion,
Company C, was redesignated as independent artillery [Kolb's] battery.]
“On 4 August 1862, the Legion was moved to Knoxville, and it began its
first march, to Tazwell, 41 miles, on the 14th. The Legion then moved up and
was assigned first to Brigadier Gen'l John Porter McCown's Brigade, Dept.
of East Tennessee, in which it served at the siege of Cumberland Gap, then
held by Union forces under Gen'l G. W. Morgan. The Gap was occupied on
17 September, and the Legion remained in place for two weeks. Then, on 2
October, it began what would extend through the fall and winter, CS Gen'l
Braxton Bragg's Kentucky [and East Tennessee] Campaign. The Legion
advanced about 150 miles, bringing up the rear of Bragg's forces. After the
Battle of Perryville, the Legion was again in the rear, arriving once more at
Cumberland Gap in late October, 1862.
“On the 4th of November, the command was moved through Knoxville
to Loudon, then to Bridgport, Alabma, and back to Knoxville by the 25th. At
this point, the several battalions of the Legion went into winter quarters, at
different stations around Cumberland Gap.
“During the winter months, Col. Hilliard resigned and was replaced in
April, 1863, by Col. Jack Thorington (from the 1st Battalion). Command of
the 1st Battalion was assumed by Lt. Col. John H. Holt. About the 10th of
April, 1863, the four battalions [the cavalry battalion was detached earlier]
came together at Lee's Springs and were placed in Brigadier Gen'l Archibald
Gracie’s Brigade.
307
“Hilliard's Legion is claimed to have been the first among Gracie's
Brigade to place its colors in the Union works, but the flag was shot through
by 83 bullets, and Ensign Robert Y. Hiett was promoted to Lieutenant for
his gallantry. The 3rd Battalion was complimented on the field by Gen'l
William Preston.
“On the 19th of November, Col. Thorington resigned his command and
the Legion was transported by rail to Charleston, Tennessee, arriving on 25
November. At that point, the Legion was broken up and divided into the 59th
(2nd and 4th Battalions) and 60th (Cos. "A", "B", "C", and "D" of the 1st, and
the six companies of the 3rd Battalions) Alabama Infantry Regiments, and
the 23rd Sharp Shooters Battalion (Cos. "E", "F", and "G" of the 1st
Battalion). Command of the 59th Alabama was given to Col. Bolling Hall;
the 60th was given to Col. J. W. A. Sanford; and Major Nicholas Stallworth
commanded the 23rd Battalion. “(Courtesy of http://history-
sites.com/~kjones/hilliard.html)
2 Apr1864—LETTER: “on his way back to Virginia, John F. Davenport tried to pray for
his ill wife ‘but it seamed to me like my prair never got higher than my head. ”
(Reluctant Rebels, p. 147)
cJuly 184—LETTER: To Mary Jane Perry Davenport from John Forbes Davenport:
“…put your trust in god and ask him to be with our armes and then rest satisfied that
he will do for the best” (Reluctant Rebels, p. 135).
308
9Jul1864—DEATH: John Forbes Davenport killed in action at Dinwiddie, near
Petersburg Virginia.
(Boards.ancestry.com/thread.aspx?mv=flat&m=874&p=topics.Military.united-20-
states.civwar.al.al)
Margaret E. was under a year old and listed as age: O in the 1850 census. She
was not John Forbes biological child, but rather was the child of Elizabeth’s first
husband, who must have died while she was pregnant or before anyone knew she
was pregnant. One member of the family claims that this was the case. In a letter
written to Mary Jane Perry Davenport during the civil war, John Forbes wrote:
“tell [the babies] Pa loves them and tell Margaret that means her too” (Family
papers of Deborah Leavitts). This seems to suggest a distinction between John
Forbes Davenport’s two boys –named for his father and his grandfather--and his
daughter. Researchers always count Margaret E. as a biological child of John
Forbes Davenport and his marriage date to Elizabeth does pre-date the birth of
Margaret. However, his words provide a different understanding of the
circumstances surrounding her birth. But he loved her and obviously planned to
raise her as his own so we count her as his first child.
Family research indicates an oldest son, John Edwin Davenport Jr., b. 1882.
By the 1910 census, William Davenport has moved onto a farm next door to his
father’s [and next door again to his older brother, John Davenport, Jr.]. Perry
R[ichard], known as “Dick,” remained at home, Martha J. Davenport has moved
on; Mattie, Omie and Lonnie remained with their parents.
In 1920, Lonnie, age 22, is the only child to remain at home. In 1930, John
Edwin and Mary are on their own.
309
3. Richard Perry Davenport, b. 21 May 1861 [tombstone]
310
Richard of County Line & Albemarle lost two great-grandsons—James T. and
John Forbes--to the Confederate cause. In the years immediately following the
war, public record keeping in Alabama may not have factored high on the list of
priorities determined by re-constructionists. Clearly, much has been lost from this
period.
Case B
Family of CHARLES LEWIS DAVENPORT
Son of Richard III and Great-Grandson
of Richard of County Line & Albemarle
Charles Lewis Davenport was the son of Richard III, son of Richard Jr., son of Richard
of County Line & Albemarle. He was brother to William D. Davenport (see below). Charles
Lewis Davenport was born © 1795-1800 (by 1810 census). William D. Davenport’s
birthdate of 12 February 1805 is established by tombstone evidence. The fact that Richard
III assigned his Missouri bounty land to William D. Davenport in 1854 suggests that
William D. Davenport was the surviving next oldest son, as Charles Lewis had died by
1850. Both can be located in Richard III’s household in the 1810 Census for Amherst
County, Virginia.
311
We provide information on the children of Charles Lewis Davenport and Mary Ann
Harris but do not provide detail on the third generation. For fully documented material
on this family, see Deborah Buske and Roy Small Genealogy on Ancestry. Com, where we
have compiled the evidence-based data on this family. (URL:
http://trees.ancestry.com/tree/3467554/-person/-1730725361)
For a detailed description of the lineage, please see the 1805 Charles Lewis Davenport
entry in the monograph.
Consolidated List
Richard Davenport, 3 Polls, 1 Slave
This is Richard the III, son of Richard Jr. of Richard of County Line &
Albemarle (or “Sr.”). Enumerated in the Census of 1810 as being of Age of
25 and not older than Age 44, Richard III has 5 males and 3 females Under
Age 10 in his household. He has one male age 10-15 in his household as
well—this would be Charles Lewis Davenport. This is the household where
Charles Lewis Davenport, William D. Davenport(b. © 1805), possible John
L. Davenport, and Richard James Davenport (b. © 1808) grew up. Their
fifth brother and three sisters have not been identified.
25Apr1829— MARRIAGE: Charles Lewis Davenport and Mary Ann Harris marry
in Sumner County, TN. (Tennessee State Marriages, 1780-2002. Nashville, TN, USA:
Tennessee State Library and Archives. Microfilm and license. Sumner County
Archives, Gallatin, TN.).
Rutherford County is due south of Sumner County, TN, with only Wilson
County in between.
312
Before 1840—HOUSEHOLD FIRE: In his pension application, Samuel H. Davenport
declared that he had no record of his birth because the family bible was lost in a fire
when he was a “small boy.”
A fire would be reason enough for the family to move to Sumner County.
SUMNER COUNTY
Mary Ann Harris was 37 at the time of this census and widowed; she could
neither read nor write. Also living with the family was Lucy W. Pollard, whom
researchers persistently misidentify as a sixth child of Charles Lewis and Mary
Ann because Lucy W. Pollard is wrongly enumerated in the 1860 census as Louisa
Davenport. Had there been a Lousia Davenport born of Charles Lewis and Mary
Ann, age 16 in 1860, she would have appeared in the 1850 census. She did not—but
Lucy W. Pollard did.
1851—ARRIVAL: Mary Ann Harris Davenport and her children arrived in Crittenden
County, Kentucky, this year. See entry at 30 Sept 1897.
Details on the children of Charles Lewis Davenport and Mary Ann Harris
Davenport follow:
313
According to census records: in 1850, Lucy Ann lived in District 4,
Sumner County, TN; in 1860, she lived in Crittenden County, Ky; in 1870, she
lived in Precinct 2, Crittenden County, KY; in 1880, she lived in the village of
Dycusbuirg, in Critteden County, KY; in 1900, she lived in Magisterial
District 3, Frances Precinct (near her brother Andrew Alexander Davenport)
. At age 70, Lucy Ann Davenport Pollard was listed as a widow who could
not read or write. She and Briton J. Pollard had children, all born in
Crittenden County, KY: Sarah G. Pollard [1853-1940]; Martha A. Pollard
[1857-1941]; Louisa J. Pollard [1858-1935]; Lucy Adeline Pollard [1860-
1934]; Narcissis Pollard [1865-?}.
In the 1900 census, the last in which she appeared, Lucy Pollard headed
a household that included her daughter, Martha Pollard Hobson(Hopson);
daughter Allie Fouch (French?) age 17 and husband John Fouch (age 23);
and granddaughters Minnie and Bessie Wheeler. Further research is
required to determine which of the Pollard daughters married a Wheeler.
314
The fall of Fort Donelson in February led to the concentration of the forces
under Gen. Buell at Nashville, and the regiment marched from Bardstown
to that place. From Nashville, it marched to Pittsburg landing with Buell's
army and took part in the second day's battle of Shiloh.
From Shiloh the regiment moved with the army to Corinth and in the siege
of that place was engaged in numerous skirmishes, one of which rose to
the dignity of a battle, being the affair at the Widow Surratt's house, where
Bruce's brigade was engaged.
The regiment's loss was 3 killed and 16 wounded. The regiment was
paroled and ordered to Louisville where it remained on provost duty until
it was ordered to the front May 15, 1864.
It then joined Sherman's army in Georgia. Maj. Waller, in his report, says
his regiment was placed in Strickland's brigade, Hascall's division, 23rd
army corps, May 30, 1864 and that from that day until the capture of
Atlanta it was in all the movements, battles and skirmishes of that great
campaign fighting at Dallas, Acworth, Kennesaw Mountain, Peachtree
Creek and many other places of less note.
After the Atlanta campaign the regiment was ordered to Kentucky, with
instructions to report to Gen. Hugh Ewing. It was mustered out Jan. 17,
1865, at Louisville, and its veterans and recruits were transferred to the 6th
Ky. cavalry. (Source: The Union Army, vol. 4, p. 332)
If the regimental history of the 20th Kentucky Infantry was not sufficient
to prove this, the signature on this affidavit places William Lewis Davenport
315
at Shiloh—and the signature was William Lewis Davenport’s “mark”—an X—
because William Lewis Davenport could neither read nor write.
Shiloh after Battle: Report of Lieut. Col. Charles S. Hanson, Twentieth Kentucky
Infantry.
SIR: The number in the engagement from this regiment was 389 men.
One company, having been detailed at Savannah to assist in transporting the
artillery, was left there, and did not arrive in time to participate in the
engagement.
After remaining there some half hour we were ordered forward and to the left
to support the First Kentucky. In that position we remained a short time. We
were then ordered to the left, to support and prevent the turning of Col.
Ammen's left flank. In these last three positions we were in a galling and
destructive fire of the enemy's cannon and musketry. The regiment moved to
them in good order, and maintained their positions with steadiness and
coolness, and, by prompt obedience to orders and soldierly bearing of men and
officers, gave assurance of readiness for any emergency and to meet any danger
incident to a faithful discharge of their duty.
316
assisted by the battery, which poured shot into them with deadly effect, after a
desperate fight drove them back and reoccupied their ground, and ended their
attack upon that quarter. In this hard-contested struggle this regiment acted
with a coolness and gallantry worthy of trained veterans, and entitled
themselves to the praise and confidence of their officers, and have shown
themselves ready to meet any conflict without bringing reproach upon
themselves or country. I would not be considered as implying that the infantry
and battery which fought with them acted less worthily, but, on the contrary,
take pleasure in testifying to the coolness and courage with which they met and
returned the galling fire of the enemy.
We were next ordered to move forward and to the right, to hold a position
on that flank, which we did; but the enemy having retreated, the engagement
was not renewed, and we were ordered into camp, leaving the position in the
possession of our forces. I have omitted in the foregoing report to state that
Companies A and B were at the commencement of the engagement detailed
from my command to act as skirmishers, and did not during the day rejoin the
regiment, and therefore I cannot speak of their bearing, but am informed that
they acted with bravery and did their whole duty.
I cannot close this report without again alluding to the creditable conduct
of both men and officers in the face of the enemy and to the many instances of
daring by which they evinced their patriotic devotion to the noble cause in
which we are engaged, and only refrain from particularizing because it would
be invidious to make personal allusions when all acted with so much courage
and bravery.
CHAS.S.HANSON
Lieut.Col., Comdg.
Twentieth Kentucky Regiment
J.CORN,
ActingAssistantAdjutant-Gen.
(Source: Official Records: Series I. Vol. 10. Part I, Reports. Serial No. 10)
The 1870 Census recorded that neither Charlie Lewis Davenport nor his
sister Sarah Ann had attended school in the past year; neither could read or
317
write, each was listed as “whether deaf and dumb, blind, insane or idiotic,”
without additional comment. The remaining boys had no specific
designations after their names, so apparently had not attended school in the
past year either.
Affidavits were secured from the following (2Sept 1885): James King;
(4Sept1885): J.A Fletcher; (12Sept.1885); and Joseph. A. Duvall.
318
from any disease of the eyes or muscles of the arm. While on a trip south
with prisoners, Wm L’s eye was injured by the accidental discharge of a
gun. Fletcher was not with Wm. L at the time of the accident but when Wm
L returned to Louisville, he was informed by Wm L and by others of the
accident and what had occurred. From the time he receieved the injuries to
his eye and his right arm and through his discharge in 1865, he continued
to suffer from same. Fletcher said that he had seen Wm. L every two or
three weeks since the war, with the exception of that one year, and Wm. L
has been so disabled that he has been unable to perform manual labor of
any kind and on the whole, he was disabled by the injuries.
Duvall declared that he was the 5th duty sergeant for Company D of the
KY 20th and was in the squad that took prisoners to Rock Island, Illinois
about 30th Dec. 1863. On the squad’s return, they stopped at the Depot at
Indianapolis, Indiana, where Wm L aciddentally discharged his gun and
burned his right eye and face and seriously injured his eye. Duvall was by
his side and caught him as he fell and took him to the Soldiers home, where
he had his injury treated. Duvall further stated that while at Louisville the
following January, Wm L was vaccinated and on account of said
vaccination, the muscle in his left arm was destroyed, causing a permanent
rheumatic condition. Both conditions continue to trouble him and Duvall
has been intimately acquainted with the claimant each and every week since
the war and can see that he is now more or less totally disabled and unable
to perform any work.
Reub Davenport was William Lewis Davenport’s youngest son. Age 17 here, he
would not live much longer.
319
4May1893—FURTHER AFFIDAVIT: Wm L Davenport appeared before a notary
public in Dycusburg, Crittenden County, Kentucky, age 61 years, and being duly
sworn, did declare: “That he is afflicted with rheumatism on his entire left side
arm and leg and has been afflicted with rheumatism since 1863. But for the last
few years it has been growing gradually worse on him. He further thinks that
rheumatism is the result of his injury to his left side and arm.” (Invalid Pension
Declaration)
Not only does this account prove William Lewis Davenport’s continued
presence in Crittenden County, it also establishes the arrival date of the
family in Crittenden County (1851).
1900—CENSUS: William Lewis Davenport appeared in the census with his wife
Mary Elizabeth Crouch Davenport, his mother-in-law, “Seely” McIlroy (who
witnessed his marriage in 1857), now 93, and his grand-son Tom “Macrea,” age
16, the son of Sarah Ann Davenport. William Lewis Davenport remained a
tenant farmer and still could not read or write. Whatever drove him to try his
luck in Scott County Missouri, we will never know, and by other evidence (see
below) we know that he was back in Crittenden County in the early 1890s and
quite likely before that. By the 1900 census, he lived in Kuttawa, Lyon County,
Kentucky, his household located next to the household of his son, Thomas
Houston Davenport.
320
by manual labor by reason of: paralysis of the bowels” and that he has been a
pensioner under certificate 394o55 (the 4 being crossed out with a single mark).
12Oct1907--FURTHER AFFIDAVITS: P.K. Cooksey and T.R. Duvall affirmed that Mary
Davenport has no means of support except as given her by her children, that her
husband left no will or life insurance, and that no one is legally bound for her
support.
1910—Census: Mary Crouch Davenport was enumerated with her son William
“Willie” Marion Davenport.
321
1850—CENSUS: District 4, Sumner County, TN. See above.
322
A Lillie Davenport (1876--?) has been claimed by one Davenport
searcher as daughter to Samuel and Vessie, but we can find no record of
her existence.
21Sep1888—AFFIDAVITS: J.J Crayne and C.C Harris testified that they had known
Samuel H. Davenport since he was 15 years of age and never knew him to be
sick (save for one case of the flux in 1855) until he returned from his service in
the war. He never had any symptoms of Erypsipelas prior to his war service.
“When he has done guy work requiring much physical exertion since
the war he complains greatly of severe misery. Throbbing (muscles?),
roaring in his head, and have often known him to quit his work on account
of the suffering as before stated. And have known him during the summer
of 1880 to lay in his house three weeks at a time on account of the same
trouble. He has kept the house a great part of his time this summer [1888]
…and know that he has been hindered from his work more or less ever since
to the present time each year seeming to grow worse, it being so for the last
two or (?) years that he cannot work over 1/3 to ½ his time and then only
with great pain.” (General Affidavit in the claim of Samuel H. Davenport
for an invalid pension. Filed at Norris City, White County, Illinois)
323
23Dec1891—MARRIAGE: Samuel Houston Davenport to Martha Alice Crider.
Crittenden County, KY.
27Jan1898—SALE FOR BACK TAXES: Davenport, S.H., 65 acres, near J.M. Rogers
(Crittenden press (Marion, Ky. : 1879): January 27, 1898. P 2.)
324
Mrs. W.K. Bibb must be a relative of Mary Francis Bibb, Samuel
Houston Davenport’s second wife.
27Mar1902—LAND TRADES: “Mexico. There has been some trading going on in this
place in the last few days…Bill Parmley, of Enon, has bought the Sam
Davenport property and will move on it in a few days; Sam Davenport has
bought a lot from Wm. Polk, and has several carpenters at work building him
some dwelling houses… “ (Crittenden Press, March 27, 1902, p. 8)
This was the widow of William Lewis Davenport, suing her nephew over some
unspecified matter (HH Davenport was the son of Samuel Houston Davenport,
brother to William Lewis Davenport.)
325
James Davenport Aug. 27, 1887
Zora Davenport July 23, 1893
Samuel Houston Davenport did not name the children he had with Vessie
A. Green, even though David Louis Davenport and Florence Davenport were
still alive. “Jhan” Davenport is John Davenport. At some point, Samuel H.
learned to read and write and he filled out this survey, complete with odd
spellings and ill-formed letters.
326
(4) EMILY JANE DAVENPORT, b. 21J an1840,. Sumner County, Tennessee; d.
17May1883, near Charleston, Missouri.
1840—Census: Emily was enumerated in her father’s household as the free white
female under age 5.
The census of 1850 placed Emily Jane in Sumner County, TN with her mother
and siblings and established her birthdate (which is confirmed by her obituary in
1883). In 1860, she remained in Crittenden County; in 1880, she lived in Livingston
County, Kentucky. In 1883, she died near Charleston, Missouri. She and T.C.
Cooksey had six children: Thomas Andrew Cooksey, b. Crittenden County, [1857-
]; James Overton Cooksey, b. Crittenden County, [1860-]; Sonora J. Cooksey, b.
Kentucky, county uncertain [1865-]; Robert b. Cooksey, b. Kentucky, county
uncertain, [1867-]; Guy Elmer Cooksey, b. Livingston County, KY [1873-]; Moses
A. Cooksey, b. Livingston County, KY [1878-].
327
17Oct1866—Marriage: Andrew Davenport to M. J. White, 17 Oct 1866,
Crittenden County, Kentucky. (Dodd, Jordan, comp.. Kentucky Marriages, 1851-
1900). [Database on-line. Provo, UT, USA: Ancestry.com Operations Inc, 2001.]
Andrew married the second of his wives in 1866. She was Margaret
Jordena White. Children of this marriage: Thomas Wheeler Davenport
(1868-1927); Charles R. Davenport (1871-mid-1890s); Montalvo T.
Davenport (1873-1963); Dr. Edward Felds Davenport (1876-1944).
328
This was Charles R. Davenport, the son of A.A. Davenport who had the
“epileptic fit” on the day of the 1880 census, when he was nine years old. Now
his father was in court to petition for—and be granted—funds to help support
an intellectually disabled child who could not support himself.
Andrew Davenport made no further claims for his disabled son after
28Jun1894, and Charles R. Davenport disappeared from view. We assume
he died as a consequence of his epilepsy. Born in 1871, he would have been in
his early to mid-twenties in the mid 1890s.
329
land bought by the said Davenport from P.C and J.S. McMurry, as shown by
deed dated April 8, 1891, recorded in Deed Book “Z,” page 135, embracing three-
fourths of about 125 acres; and there-fourths containing 91 acres, more or less,
being bounded as follows: …For further and better description if said property,
see Deed of conveyance from A.A. Davenport and wife to Marion Zinc
Company, of date February 18, 1903, and recorded in Deed Book number 12, page
496, Clerks’ office, Crittenden County court. (Crittenden Press, March 26, 1908.
p.2)
While Andrew A. Davenport is mentioned in this land sale, he and his wife
no longer had a dog in the hunt—they’d sold the land in 1903, and Andrew A.
was deceased.
Local Baptist preacher Rev. Fox was accused of paying too much
attention to married women and had already been run out of several neighboring
330
churches when he took to the pulpits of the Hebron Baptist church and the
Dycusburg Baptist church. While in Hebron one night, a mob of men, their
identities concealed by their white hoods (hence the charge of white-capping),
arrived and demanded that Fox come before them. They wanted him to leave town
and were prepared to show him the way. The mob was variously reported as 6 or
7 men (Fox’s claim) and 40-50 (regional newspapers’ accounts). Fox went out the
back window and made for the woods. Paducah papers insisted that the town of
Dycusburg had posted armed watch because its residents—who were assumed to
make up the mob of white-cowled men—feared that the town would be burned in
retaliation. Dycusburg residents claimed no such fear and complained that the
reports of their worry over retaliation were false. A newspaper campaign
followed, with supporters of Fox—including James A. Wheeler, a cousin of Wm. L
Davenport’s—weighing in on either side (Wheeler proclaimed himself a “Fox
man”). One woman wrote a letter complaining that she was being stalked by an
unknown man and the editors of the Crittenden Press reported this incident and
declared that if the man did not cease and desist, it would not be long before the
white-capped men appeared at his home to handle the matter. The newspaper also
claimed that the only reason supporters of Fox came forward was that he had come
to their churches and held them at gun-point until they produced their “whereas”
and “resolves” in his support.
Eventually, calm returned. Despite the defendants named in the civil lawsuit,
the only one to be criminally prosecuted was T(homas) C(ornelius) Gheens, who
was found guilty of impersonating an officer of the law and bearing a weapon. He
was sentenced to one year in the penitentiary, but not before the grand jury had
had an opportunity to interview forty or more residents of Dycusburg, none of
whom could shed any light on the original incident. The paper reported this with
something akin to glee.
The civil lawsuit must have been dropped, for it was no longer featured in any
local press.
The Wm Davenport who was named as a defendant in the civil action likely
was William L. Davenport, despite his relatively advanced age at the time of the
incident, and by now the elder stateman of the Davenports in Crittendent County.
His long association with the Duvalls and Wheelers makes this the strongest
possibility. His son William Marion Davenport is also a candidate—although he
seemed to have been known as “Willie.” And Wm Davenport could also have been
William Andre Davenport, son of Samuel Houston Davenport, who was of age to
be involved. But only William Lewis Davenport and his immediate family have the
history with the Duvalls and Wheelers that suggests the best identification is
William Lewis Davenport. Whichever William he was, he came down on the side
of Fox, the philandering preacher.
331
to Dycusburg. Descendants who still live in the area continue to talk about the
Klan’s presence in Dycusburg.
This was Mary Ann Davenport selling some land to her daughter. By this time
she may have been in desperate financial straits.
332
Case C
333
The fact that Richard III assigned his Missouri bounty land to William D. Davenport
in 1854 suggests that William D. Davenport was the surviving next oldest son, as Charles
Lewis had died by 1850.
Willliam D. was a farmer and a small slave owner--the 1860 Federal Census
Slave Schedule for Johnson County shows Lucinda “Davinport,” widow of William
D. Davenport, as the owner of what appears to be a family, i.e., a female, aged 34;
a male, aged 32; and a female aged 10; and two males, ages 7 and 2.
334
31Aug1813—MUSTERED IN: Richard Davenport. (Roll of Captain William Whitsett’s
Company, Kentucky Mounted Volunteer Militia, Commanded by Lieutenant-Colonel
Phillip Barbour. (Kentucky Soldiers of the War of 1812, p. 173 )
Whitsett (aka Whitsitt) was born in Amherst County in 1780, making him a
contemporary of Richard III. Richard Davenport III mustered in in Logan County,
Kentucky.
Richard Davenport III’s 1812 bounty land was in Christian County, KY, long
purported by family members to be the place from which William D. Davenport
departed for Missouri.
William D. Davenport remained in his father’s household this year; by the next,
he would be gone. Charles Lewis, his brother, had married in 1829 and departed.
This is the last census in Kentucky in which Richard Davenport III would
appear. In 1854, he assigned his bounty land in Johnson County, Missouri to his
son, William D. Davenport. From here, he disappears from view. He may have
made the assignment with death imminent or he may have made the assignment
in order to make an easy departure from Missouri. We suspect the former.
335
13Nov1850—FEDERAL CENSUS—Jackson Township, Johnson County, Missouri:
Richard Davenport III had been issued land in Missouri for his War of 1812
service; in 1854, he assigned that land to William D. Davenport.
Between 1843 and 1859, William D. Davenport purchased 360 acres of land in
Jefferson Township, Johnson County. William's last land purchase was 1 Jun 1859.
The 1860 Census was taken in July 1860, so William died between those two dates.
Draper family historians place his death as 1856, per tombstone. According to Jim
McMillen, Draper family historian, the “death date of William D Davenport is from
a 1966 survey of the Carmichael Cemetery in Centerview Township, Johnson
County. The last entry under the name DAVENPORT is ‘William D., b. Feb. 12 1805
d. Aug. 25, 1856.’ That, of course, could have been misread or misrecorded. That
William's will was written in 1855 suggests that he may have been in poor health
at the time. In earlier years, at least, wills were often written when death appeared
imminent. According to Abstract of Wills and Administrations, Johnson County,
Missouri, 1835-1855, William’s will was recorded on 6 Oct 1856.”
Of George and Hanna, we believe that they were slaves treated as members of
the family, just as former slave Jane D. Parks will be treated as a member of the
family (see Eliza A. below and slave schedule for 1860, below).
337
1Jun1859—LAND OFFICE PURCHASE: William D. Davenport, 80 acres in Johnson
County, Missouri,being Section 22, Township 46N, Range 27W, 5th Principal Meridian,
at Clinon, Missouri, Land Office.
Either the Land Office deed was delayed in being issued (not uncommon) or
the date of William’s death on the tombstone is in error (or misread in recording),
for William could not have entered and completed a Land Office acquisition three
years after his death.
Each of the records below details the lives of the children and also indicates
what became of Lucinda Draper Davenport.
(1) HORACE, b. 1833 in Caldwell County, Kentucky; m. Mary Margaret Ramsey, 1957,
Todd County, Kentucky; d. 12 Sept 1904, Odessa, Lafayette County, Missouri.
15 July 1854—LAND PURCHASE: Name: Horace Davenport Issue Date: 15 Jul 1854
State of Record: Missouri Acres: 80 Accession Number: MO1730__.420 Metes and
Bounds: No Land Office: Clinton Canceled: No US Reservations: No Mineral
Reservations: No Authority: April 24, 1820: Sale-Cash Entry (3 Stat. 566) Document
Number: 37425 Legal Land Description:
338
1Jun1859—LAND PURCHASE: Name: Horace Davenport Issue Date: 1 Jun 1859 State
of Record: Missouri Acres: 120 Accession Number: MO1970__.357 Metes and
Bounds: No Land Office: Clinton Canceled: No US Reservations: No Mineral
Reservations: No Authority: April 24, 1820: Sale-Cash Entry (3 Stat. 566) Document
Number: 40726 Legal Land Description:
Charles Davenport, age 6, was the only known Charles to appear in this line
of Davenports. Ada P. Davenport became “Catherine” for this Census. “No Name
Davenport” was soon named Robert, named for his Uncle who served with
Quantril’s Raiders.
339
1900—FEDERAL CENSUS: Horace Davenport headed a household in Odessa City,
Lafayette County, Missouri, including himself, age 67; Mary A Davenport, age 62;
Robert Davenport, age 29; Lawrence Davenport, age 20; Ada Wilkerson, age 43; and
Clyde Wilkerson, age 15, identified as a “grandson”.
Daughter Ada P Davenport had married an Unknown Wilkerson and was now
widowed. Robert, age 29, was still at home. This fact, coupled with the fact that he
was not given a name in the first year of his life, suggests some kind of disability.
This was her first marriage, his second. At 23 he had married an unknown
and had one child, Nancy Lowery, b. 1848.
Wm Lowery and Annie Lowery were the children of Martin and Margaret;
Nathiniel was Martin’s father.
Margaret Jane Davenport Lowery died, probably while giving birth to Edwin
P. Lowery.
340
Robert was the first of Will and Lucinda’s children to have been born in
Johnson County.
Both Robert and the yet unidentified William Davenport were found
among the names on the original roster for the group engaged in guerilla
warfare on the Kansas-Missouri border that was motivated by clashing
ideologies--the Free Soilers wanted Kansas to be free of slavery, while the
pro-slavery contingent wished to extend slavery to Kansas. The William D.
Davenport family, being slaveholders, was pro-slavery.
341
methods, including the use of the long-barreled revolvers that later became
the preferred firearm of western lawmen and outlaws alike. The James-
Younger Gang, many of whose members rode with Quantrill, applied these
same techniques after the war to the robbery of trains and banks. Note that
Frank James, brother of Jesse James, maintained the list in 1910.
We assume that the William Davenport who rode with Robert was
related but we cannot yet say how. There were a large number of Davenports
in Missouri by mid-century.
Family lore has it that the entire family fled to Texas and the records bear
this out (see below):
342
went west. Lieutenant Lowe was shot through the left hand. I went
immediately to the ground where the men had been left, and found two of
them stripped of their clothing and horribly mutilated, one of them with
more than a dozen revolver-balls in his body and his head frightfully broken
and mangled.
“I followed the trail of the guerrillas some distance, but night coming on
and a heavy storm with it, I returned to town. I came by the house of Mrs.
Davenport, and found the place deserted, a large quantity of provisions
cooked and packed in baskets, sacks, &c., and a long table set for dinner for
a number of men. I ordered the house burned, which was done. I found
Corporal Holstein, Company G (who had been left on the ground wounded),
3 miles west of here. He had crawled 6 miles through the grass and brush.
His wound is not dangerous. The excitement in the county is intense. As
many as 50 citizens from town and county came with arms and offered their
services too protect the place. Day before yesterday a young man named
White was shot down while plowing in the field. Two of the worst
bushwhackers I have in jail will be shot today in part pay for his life. I have
positive information that Upton Hays came into this county three days ago
with 100 men and joined Brinker and Snelling, who had 85 or 90 men. The
citizens are moving to town in numbers to save what little household goods
they have left. Four houses were plundered and one fired day before
yesterday.
“Yesterday, while in the brush near where the fight occurred Miss
Mattie Brinker, sister of the notorious guerrilla chief John Brinker, came to
us. A younger brother was with her. Miss Mattie says she left home, some 3
miles southeast of Warrensburg, about 2 o'clock p. m. I had started about
12 m. She was much surprised and confused when she discovered who we
were. This young lady has been suspected of conveying intelligence to
bushwhackers for some time. She and her brother are in confinement.
The Davenport household was burned in retaliation for aiding and abetting
Quantrill’s Raiders. Lucinda Davenport did not re-occupy the land, but fled to
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Texas (see below) and later lived out the remaining part of her life in the
households of her grown daughters. Robert, like others who had been
bushwhackers and found themselves on the wrong side at the war’s end, went to
Texas, which may have been known to him from his time in William Quantrill’s
unit. To elude capture, Quantrill’s Raiders regularly moved back and forth from
Missouri to Texas. This tendency to go where Quantrill was provides further proof
that Robert Davenport, one of Quantrill’s Raiders, was the son of William D.
Davenport.
The parties desire also to take sufficient bedding, clothing & provisions for their
comfort and sustenance on the journey
Family members did not remain in Texas, however. One daughter went to
Indian Territory (Oklahoma), where she lived out her days (see below) but Lucinda
and the other daughters remained in Missouri. Lucinda was buried in Centerview
Cemetery next to William D. Davenport (see above).
1863-- Military Service. 16th Missouri Infantry, CSA: Robert Davenport, joined
Company D as a 2nd Lieutenant in Company D (Index to Compiled Confederate
Military Service Records)
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1, 1863. (Not to be confused with Col. Cyrus Franklin's 7th Missouri
Infantry.) The 16th Missouri Infantry fought at the following engagements:
Battle of Helena, Red River Campaign, Battle of Pleasant Hill, and Jenkins'
Ferry. It surrendered on May 26, 1865 under Gen. E. Kirby Smith's
Department of Trans-Mississippi.
The brutal Lawrence [Kansas] Massacre, in August of 1863, may have driven
Robert into the “regular army.” Quantrill's men burned a quarter of the town's
buildings, and killed at least 150 men and boys. Many Confederates were horrified
by the incident in Lawrence and the Confederate Army withdrew support for the
Raiders and other bushwhackers—no longer were they considered a guerilla arm
of the Confederate Army.
Robert mustered in with his younger brother Lawrence, who was later
captured at the Battle of Helena and sent to the prison for Confederate soldiers at
Alton, Illinois, where he died of small pox at the age of 16.
With the loss of the house and land, the death of one son, and the family
diaspora that followed, this Davenport family paid a high price for their passion
for the Confederate cause.
The Union Provost Marshal’s Papers are filled with instances of Davenports
across the state harboring bushwhackers and rebels. The conncetion of these
Davenports, if any, to the family of William D. Davenport is unknown—although
two records point out that “Marshel G. Davenport’ (Marshall Glover Davenport),
a paper-trail Pamunkey with New Kent/Hanover DNA, was in Morgan County,
harboring bushwhackers:
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Davenport, Marshel G.: U. S. vs. Davenport, charged with harboring bush-
whackers. Testimony of Mary Baldwin, Davenport's neighbor, saying
bushwhackers were often at Davenport's home. Was afraid to report it.
In 1870, Robert lived in Texas and worked on the farm of a reasonably wealthy
farmer, Henry Russell. The census incorrectly claims this Robert was born in
Tennessee, or he gave misinformation pointing away from his Missouri past.
After the war, Robert understandably found it better to settle in Texas than to
remain in Missouri.
Robert named one child after his father, one after himself, and one after his
eldest sister. No records located post-1880. Some researchers claim Robert
Davenport died in 1889.
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age 23, a farmer, born in Missouri, including Wm R. Murray, age 2, and Ella Murray,
age 3/12.
Lucretia is a new wife for Thomas B., evidence that Clarissa Davenport has
died and been replaced, likely at or near the birth of James F., or c1875.
347
household. 1870; Census Place: Sni-a-
bar, Lafayette, Missouri; Roll: M593_786; Page: 366B; Image: 740; Family History
Library Film: 552285.
Little “Frederick Shore” age 5 went on to become a geologist and worked for
the U.S. Bureau of Mines.
1882—MEDICAL SOCIETY: F.M. Shore. “List of the Members of the Lafayette County
Medical Society” (Lafayette County, MO: 1882: “Transactions of the…annual meeting
of the Missouri State Medical Association.”)
10Jan1896—Death: Dr. Francis M. Shore, age abt 70, Lafayette County, Missouri.
(Weant, Kenneth. Lafayette County, Missouri Obituaries, 1891-1920 [database on-
line]. Provo, UT, USA: Ancestry.com Operations Inc, 1999.)
In 1900, Eliza Shore was widowed and living in Wakita Township, Grant
County, Oklahoma Territories. Jane D. Parks, her servant, was still with her. The
Census stated that her “grandson,” “Frederick M Harris” was with her, age 12, but
no other members of the family were there. She ran a boarding house, and the
census listed both "boarders" and "servants" among the household.
1910—FEDERAL CENSUS: Wakita, Grant County, Oklahoma--Eliza A. Shore, age 65, born
Missouri; Mother-in-law to Head of Household; Father born Virginia, Mother born
Kentucky Widowed. Other household members: Ernest Lemon, age 39, head; Carrie
M Lemon, age 38, daughter to Eliza; and Mary S. Lemon, age 10, granddaughter; and
Jane D. Parks, age 62; and John O Hall 81.
348
In 1910, Eliza, age 65, was still in Wakita, but now lived in the home of her
daughter, Carrie, who had married Ernest Lemon. Jane D. Parks was still with
her.
Helena, Ark., July 4, 1863. 13th Division, 13th Army Corps, and the
Gunboat Tyler. Ten days prior to the attack on Helena Maj.-Gen. B. M.
Prentiss, commanding the post there, learned that the Confederates under
Holmes, Price, Marmaduke, Fagan and Parsons were contemplating an
attack on the garrison. He made his preparations accordingly, causing rifle
pits and breastworks to be thrown up and four outlying batteries to be
stationed on the bluffs west of the city, to be designated by the letters A, B,
C and D. At 3 a.m. of the 4th the Federal pickets were attacked by the
enemy's skirmishers and after an hour were obliged to fall back to the
intrenchments. The Confederate attack was massed against batteries C and
D, the former especially being the objective point. Twice it was charged by
the enemy, and twice the assaulting party was thrown back, but on the third
attempt the gunners were driven from their pieces. Another charge of the
same nature was made on Battery D, but the Confederates wavered and
started to fall back, when the Federal troops in the battery sallied out,
surrounded and captured three times their number. The men who had been
driven from battery C, together with a dismounted detachment of the 1st
Indiana cavalry, charged that battery and recaptured it, taking a large
number of prisoners. About 10:30 a.m. the enemy withdrew. Skirmishing
was kept up until 2 p.m. to cover his retreat, when all firing ceased. The
Confederates had been under a galling fire from the four batteries, Fort
Curtis and the gunboat Tyler for four hours and their losses were
consequently heavy; Holmes reported his casualties as 173 killed, 687
wounded and 776 missing, but Prentiss states that his troops buried 400 of
the enemy's dead and captured some 1200. The Federal casualties were 57
killed, 146 wounded and 36 captured or missing. The garrison consisted of
4,129 men and the attacking force of 7,646.( Source: The Union Army, vol.
5)
349
7Sep1863—DEATH: Lawrence died of small pox, which was epidemic at Alton at that
time, at the age of 16. His service record lists him as “mustered out” on that day. He
was buried at the North Alton Confederate Cemetery in Alton, Illinois.
Ample description of the small pox epidemic and the desperate conditions at
Alton Prison are available elsewhere. The prison was notorious for its hellish
treatment of prisoners but even more notorious for “small pox island,” an
outcropping of land in the middle of the Mississippi River. In an effort to control
the spread of the disease, prison officials sent sick men to the island to “recover.”
Very few returned alive. Most simply died on the island of their disease and were
collected for burial.
A family member claims that Rebecca Francis went by the name "Fannie D.
Phillips."
In 1900, R. Francis was widowed and living in El Paso, Texas with her
children. She was listed as head of household but had no listed occupation, not even
350
"keeping house" or “at home.” The younger children were "at school." Homer T.
was the only employed member of the family; he was a school teacher.
CASE D
1-3. PRIOR TO 1765, Joseph had three sons: Achilles, Edmond, and John, all of whom
served as Privates in Captain Samuel Jordan Cabell’s Company of Riflemen, 6 th
Regiment of Foot, Virginia Continental Line, and all died in Service before 4Aug1777
on detail with Morgan’s Battalion of Sharpshooters. They were all surely in their mid-
to-late teens.
4. c1765 – BIRTH YEAR: William Davenport, son of Joseph Davenport, born this
year in Amherst County, Virginia. (Deduced from William’s given age group of 70-80
in Census of 1840, enumerated in Amherst County, Virginia.)
351
In 1840 William’s household in Amherst County was enumerated on the same
page as Richard Allock, a grandson, and Robert Wingfield, age 70-80, a brother-
in-law by William’s first wife Sarah Wingfield.
5-6. 1766-1774 – BIRTH YEARS: Daughters Betsy and Sally of Joseph Davenport were
born during these years.
Charles apparently died between 1830 and 1840, for we could find no evidence
of him or a surviving family in the Censuses after 1830—in Virginia or elsewhere.
10. ------1777 – BIRTH YEAR: Edward Davenport, believed son of Joseph Davenport,
son of Richard of County Line & Albemarle, born in Albemarle County, per
enlistment in the Army in 1812. (U.S. Army Record of Enlistments, 1798-1814 [data
base online], (Provo, Utah: Ancestry.com, 2007).
11. -----1778 – BIRTH YEAR: Joseph Davenport, Jr., son of Joseph Davenport, born
this year in Amherst County, Virginia. (Deduced from Joseph’s given age of 72 in
Census of 1850, enumerated in Appomattox County, Virginia, Family No. 204)
12. ------1781 – BIRTH: Edmond Davenport (II), son of Joseph Davenport, son of
Richard, Sr., born in Amherst County. (U.S. Army Record of Enlistments, 1798-1814
[data base online], (Provo, Utah: Ancestry.com, 2007).
William was another son of Joseph and a grandson of Richard, Sr.. Both
participants in this marriage were apparently under age, given that parental
permission was given for both.
352
14. -----1792 – BIRTH YEAR: George Davenport, son of Joseph Davenport, born this
year in Amherst County, Virginia. (Deduced from George’s given age of 58 and born
Virginia in Census of 1850, enumerated in Perry Township, Monroe County, Ohio,
Family No. 70)
This was the first daughter of Joseph’s to come to notice in a public record.
Witness Sally Davenport could have been her mother or a sister. In 1822 Richard
Allcock married Mahala Davenport, daughter of William, with the consent of John
L. Davenport and with Achilles Davenport, brother of Mahala, consenting.
This was Joseph, Jr. He and Dorothea H. were enumerated with their
household in Appomattox County in the Census of 1850. Their land, owner or
rented unknown, was in that part of Campbell County taken into Appomattox in
1840. Joseph died there in July 1866.
This was surely Joseph Davenport, son of Richard Sr., Tobacco Inspector. “He
departed to Bedford County in 1807 concurrent with Nelson's creation, hence never
appeared in Nelson records. The key was his two appointments as a Tobacco
Inspector--one was for the Tye River Warehouse, the other was for Camden's
Warehouse, both of which were well within Nelson after 1807.”-JSD.
This was a marriage of first cousins once removed. Sarah was a grand-
daughter of Richard, Sr., by Richard, Jr. William, if the widower, was a grandson
of Richard, Sr., by eldest son Joseph. John L. Davenport appears here to be acting
as a son of Richard, Jr., in which case he was acting for his sister. Witness Richard,
Jr., was another brother.
353
This was a son of Richard, Jr., of Richard, Sr., marrying a first cousin once
removed, a daughter of William, son of Joseph, Sr., of Richard, Sr.
10May1828 – DEATH: Mrs. Mary Davenport, age 77, widow of Joseph Davenport
of Amherst County, member of the Methodist Church. [Baber, Lucy H.M., Marriages
and Deaths from Lynchburg, Virginia, Newspapers, 1794-1836 (1993), 172]
For other documented material on this family, see Deborah Buske and Roy Small
Genealogy on Ancestry.com, where we have compiled the evidence-based data on
this family. (URL: http://trees.ancestry.com/tree/3467554/-person/-
1730725361)
354
**********
A. West Davenport, b. © 1679, New Kent County, m. (?),d. New Kent County?,
©?
West Davenport’s birth year is established by his appearance on the New Kent
County Quit Rent Rolls in 1704. He had to be at least 21 years of age to own
property and more likely was at least 25 years of age, as his father would have
required his labor until that age. If he was older than 25, he may well have been
born in England, or born on the passage over.
Three children presumed to be his become the documentable ancestors of the New
Kent/Hanover Davenports: sons Joseph and Richard, and daughter Croatia.
These individuals have long been part of the Pamunkey family tree but they have
never fit that tree well. Through DNA analysis, they now prove to be of a different
Davenport family altogether.
355
we now believe that Joseph has been mis-identified and is a not a Pamunkey
after all.
By First Wife:
By Mary ----:
356
When the Davenport Kennedy heirs and their agents gathered in Aug1797
in Louisa County for a final settlement of their father’s estate, Mary, William,
and Robert, the younger children, were unmarried and Nancy was dead, her
share to be shared by the survivors. A week later Joseph and Robert sold the
93 acres in Louisa that Joseph had received as heir-at-law, but had never
farmed himself. The proceeds went into the Estate, for Joseph had already
taken more than his share. At the Jan1798 Louisa Court, a Final Settlement of
Davenport Kennedy’s Estate was exhibited, accepted and ordered recorded.
No names accompanied the action. No records or mentions in records of
Mary, William, and Robert Kennedy, orphans, have been encountered after
Aug1798.
A2. Richard Davenport, b. c1714, New Kent County; m. (1) ? , c1736, Caroline
County?; m. (2) ? (3?) ELIZABETH ------, widow of ROBERT HAMNER, c1752, Albemarle
County; d. 1792, Albemarle County. Children (Order approximate):
This is Richard of County Line and Albemarle, the first fully documentable
patriarch of the New Kent/Hanover Davenport line. The number of his marriages is
357
uncertain. We note that Richard’s eldest son, Joseph, was born c1736 and his next child,
Charles, did not arrive until c1745. It may have bene the case that Richard and his first
wife endured nine years of failed pregnancies. Or it may be that Richard lost his first
wife and did not marry a second time until closer to Charles’ birth in 1745.
By First Wife:
358
A2a11. EDMOND DAVENPORT, b. 1782, Amherst County; m. ? ; d. ? . Children
unknown.
The second Edmond Davenport in this family is noted. The second Edmond
was born four-to-five years after the first one had died in the Revolution.
Ironically, the second Edmond died serving in the 20th Infantry, U.S. Army, during
the War of 1812 at Norfolk, following the British burning of Washington, D.C.,
laying siege to Baltimore, and ravaging of Norfolk on their nautical way to New
Orleans.
By MARY MARSHALL:
By ELIZABETH:
Charles Davenport was a Justice of the Peace and Sheriff of Culpeper County
during the Revolution, was a Justice and Magistrate in Abbeville District, South
Carolina, after moving there in the mid-1780s.
By ELIZABETH?:
359
A2c1. CHARLES DAVENPORT, b. c1786, Louisa County?, ? ; m. ? ; d. ? . Children
unknown.
By SUSANNAH?:
360
Children, order certain:
Margaret E. was under a year old and listed as age: O in the 1850
census. She was not John Forbes biological child, but rather was the
child of Elizabeth’s first husband, who must have died while she was
pregnant or before anyone knew she was pregnant. One member of the
family claims that this was the case. In a letter written to Mary Jane
Perry Davenport during the civil war, John Forbes wrote: “tell [the
babies] Pa loves them and tell Margaret that means her too” (Family
papers of Deborah Leavitts). This seems to suggest a distinction between
John Forbes Davenport’s two boys –named for his father and his
grandfather--and his daughter. Researchers always count Margaret E.
as a biological child of John Forbes Davenport and his marriage date to
Elizabeth does pre-date the birth of Margaret. However, his words
provide a different understanding of the circumstances surrounding
her birth. But he loved her and obviously planned to raise her as his own
so we count her as his first child.
By First wife:
By first wife:
362
A2d. RICHARD DAVENPORT JR., b. c1755, Hanover County; m. LUCY JANE LEWIS,
c1770; d. after 1821, Albemarle County?. [Moved to Georgia in late 1780s, but
returned c1792.] Children (Number, Order uncertain):
363
A2d4a5. ANDREW A. DAVENPORT, b. 1841, Sumner County, Tennessee;
md. (1) before 1862 to Adeline Harris (a cousin?), Crittenden County, KY
(?); (2) 17Oct1866 to Margaret Jordena White, 17 Oct 1866, Crittenden
County, Kentucky; (3) 7 Feb 1883 to Sarah M. Bibb (younger sister of
Mary Francis Bibb, wife of Samuel Houston Davenport); (4) 1 Oct1899 to
Sallie/ Sarah Unknown; (5) 4 Dec 1902 to Fannie Patterson. Mexico,
Crittenden County, KY; d. 17Feb1907, Crittenden County, Kentucky.
364
A2d4c2. Martha E. Davenport, b. © 1838, [Caldwell County?]
Kentucky, md.? d.?
365
A2f5. MALINDA DAVENPORT, b. c1796, Albemarle County; m. SAMUEL
WHEELER, 15Apr1815, Adair County, Kentucky; d. after 1860, Shelby County,
Indiana. Children Green, Louisa, Evan T., Nicholas, Henry and Mary Wheeler.
366
A3b. GARRETT KENNEDY, b. c1752, m. DELPHIA DAVENPORT (A3k), 11Sep1785,
Spotsylvania County; d. 1807, Louisa County. No Children.
367
A3d7. GEORGE KENNEDY, b. ?, m. ?, d. ?. Children unknown;
A3f. CROTIA CASSIDY KENNEDY, c1763, Hanover County; mb. (1) TARLTON
BROWN LUCK, 22Dec1789, Louisa County; mb. (2) REV. HEZEKIAH ARNOLD,
9Jan1797, Louisa County; d. After 1812, (North Carolina?). No children known,
either marriage.
Fields Kennedy last found record was relative to the Georgia Land Lottery of
1819. Birth year taken from enlistment record when he enlisted in the U.S.
Army as 38-years-old in 1813 at Columbia, Tennessee. Went to South
Carolina, then Georgia, with brother William in 1791-92.
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Appendix II
Davenports in DNA Limbo
AND
369
Extracts from the Data Base:
The Pamunkey Davenport Chronicles, c1650-c1850,
with Additional Extracts from
Crozier’s Spotsylvania County Records, 1721-1800
June 2009
This chronological data array was extracted and annotated to aid in the resolution of
an enigma wherein a number of Davenport and Woodroof descendant lines were DNA
tested prior to April 2008 and found to have virtually the same DNA, implying a common
ancestor. As of June 2009, the earliest born proved ancestor of any present-day line
within the group, working labeled collectively as “Limbo,” was William Davenport of
Hanover/Spotsylvania/Charlotte, born c1738, heretofore a paper trail proved son of John
Davenport of Hanover/Spotsylvania/Louisa; grandson of Martin Davenport of Hanover;
and great-grandson of Davis Davenport, of King William County, the patriarch of the
Pamunkey Davenports. Richard Davenport of
Hanover/Spotsylvania/Buckingham/Charlotte, a younger brother of William, born 1750,
passed the same DNA to his descendants as has William. William’s and Richard’s
youngest brother John, Jr., however, passed the standard DNA found among various
descendant lines from Davis Davenport via eldest (and paper trail proved) son Martin,
370
including Martin’s sons Thomas, Glover, William, David, James, and now John. That
DNA has also been determined from Martin’s brothers Richard, Thomas and Elias.
William’s and Richard’s brother Martin had no known sons. Their other brother Jack
Smith Davenport had three sons—DNA from one of those sons is now being (Jun2009)
being tested.
To have had the same DNA from a common ancestor, the Limbo Davenports and
Woodroofs had to have had a male-female union somewhere in the past. Union requires
proximity. Based on what we know about the earliest of the Limbos, namely William
Davenport, son of John, if he was the first fruit, that union had to have occurred c1737-38
on one side or the other of the North Anna River, the North fork of the Pamunkey River,
in the area where corners of the counties of Hanover, Caroline, Spotsylvania, and Caroline
come together or within a few miles of coming together. That area was, and is, within a
three-mile radius from Davenport Ford where then, and now, the only road crossing the
North Anna between Spotsylvania and Hanover exists. Within that three-mile radius,
Davenports were settled on the riverbank by 1726, and inward (south) later, on the
Hanover side, and by the 1740s were on the riverbank, and inward (north) later, on the
Spotsylvania side. (After 1736 Davenport Ford went from Davenport land to Davenport
land, and remained so until 1792 when both sides were sold out of family.) George
Woodroof (the universal spelling of Woodruff encountered) was settled in Spotsylvania
by 1729, being of King William County prior thereto, and was involved with the
Davenports by 1731. Woodroof in association with his father-in-law Benjamin Arnold was
involved in land acquisition on the North Anna as early as 1719. Arnold had surveyed the
Spotsylvania side of later Davenport Ford, then in King William County, in 1715.
Woodroof was instrumental in obtaining that land for Arnold’s granddaughter Ann/Ann,
who brought the land into Davenport ownership when she married William, son of Martin
Davenport of Hanover—all of which is documented and discussed in the data and analysis
following. Woodroof and family were settled adjoining Arnold’s survey northward in
Spotsylvania, within that three-mile radius from the Ford, for their entire presence in
Spotsylvania County—which ended before the Federal Census of 1810.
Woodruffs among the Limbos have expressed the belief that George Woodroof was
the sire providing the DNA. Pamunkey Davenports are willing to consider George, but
suspect that another Davenport family line may have been the contributor--but that is
another study and analysis, readily obtainable from the Pamunkey Davenport database.
CAVEATS: All of the citations and annotations that follow were generated from a
Davenport focus. Families other than Davenport were included in our database only if
they had Davenport association, relationship, or relevance, directly or indirectly. There
was a continual Davenport-Woodroof interface in Spotsylvania County from 1731 until
the last Woodroof left before 1810. The Davenports are still here.
COLOR CODING: To facilitate comprehension, families are color coded. Blue is the
Benjamin Arnold Family color. Benjamin Arnold, strong circumstantial evidence
indicates, had no sons, but had three daughters: Rachel, who married Francis Arnold (of
no known relation to her father); Jane, who married George Woodroof; and Ann, Jr., who
married Joseph Temple. Woodroof and Temple did considerable land business together,
371
obviously had good relations throughout their lives, but neither, records show, had much
to do with Francis Arnold, understandable when you sort through Spotsylvania Court
records before 1760. The Woodroofs and Temples did business with William Davenport,
brother of John and “uncle” of William, the Limbo DNA primary, into the 1770s when
both George Woodroof and Joseph Temple were dead. (In Spotsylvania Court records,
1765-79, William of John is identified as William, Jr., while his “uncle” was plain
William.) Arnolds of Francis appear infrequently in this Woodroof-Davenport sort, likely
because of George’s antipathy toward Francis. When an Arnold appears in this Woodroof
focused analysis, it is in concert with a Davenport presence until after George’s death..
Arnolds of Francis are colored Teal.
372
Hanover, Spotsylvania, and Louisa counties come together, involving Big Rocky
Creek and Little Rocky Creek on the south side of the North Anna, and East North
East Creek (then called a River) and Arnold’s Run, the first tributary of East North
East with mouth on the north side near where East North East flows into the North
Anna. Arnold apparently died while this syndication was in progress, and others
completed the venture–in a number of patents (see below).
24Mar1724/25 - LAND PATENT: William Harris, Jr., 1,500 acres of New Land in Hanover
County, on Overton’s Fork of Elk Creek, adjoining Mrs. Arnold and George Woodroof’s
lines. For £7/10. (Virginia Patents, 12:419)
This land was in Louisa County after 1742. In these days, where there were
Arnold interests there was George Woodroof. Woodroof was living in King
William County, at least 40 miles southeast at this time. The citation of “lines”
reflects done surveys, not perfected titles or patents.
24Jun1726 - LAND PATENT: George Woodroof of King William County, 640 acres of New
Land in St. George Parish, Spotsylvania County, beginning at small white oak and red
oak nigh the head of a valley, thence North East 320 poles to two small red oaks on the
side of a hill, thence South East 320 poles to a red oak on a stony ridge, thence South
West 320 poles to a stooping white oak standing in a slash, thence North West 320
poles to the beginning. [No consideration stated.] (Virginia Patents, 12:481)
14Dec1727 – ARNOLD LAND DISPUTE: George Woodroof having petitioned for a grant of
380 acres of land in King William County surveyed for Benjamin Arnold, Decd. in the
year 1715, which said Benjamin did devise to his daughter Rachel, now the wife of
Francis Arnold, but no patent ever sued out for same, and it appearing to the Council
that Ann Arnold, widow of the said Benjamin, Decd, hath surreptitiously obtained a
copy of the aforesaid survey and returned the same into the Secretary’s Office with
intent to take out a patent thereon: Ordered that no patent issue to the said Ann, but
that she, the said Francis Arnold, and the said Woodroof do attend this Council the 6th
of February next to make out their several pretensions to the said land. (Executive
Council Journals, IV:157)
373
The fact that Ann Arnold, Sr., Benjamin’s widow, was involved in this land
matter is prima facie evidence that Benjamin had no male issue, for land matters
in Colonial Virginia were the primary purview of male heirs. A female could
exercise authority in land matters only if no male heir existed. George Woodroof’s
authority in this matter surely came from his being husband to the eldest daughter
or the only son-in-law, hence was the male of first standing in the family and, as
such, could challenge his mother-in-law’s land activities. The issue here appears
to have been the intent of Woodroof, respecting the devisement of his deceased
father-in-law, to keep the land out of the hands of Francis Arnold, for if the patent
were issued to Rachel, daughter of Benjamin and wife of Francis, it would
immediately become the property of Francis, for husbands took title to all
property, real or personal, belonging to or coming to their wives. Ann, daughter
of Francis and Rachel, was apparently a favorite of her grandfather, for she had
an older brother named Benjamin Arnold who was passed over also. But
Benjamin, despite his given name, likely was a child of Francis Arnold’s first wife,
hence not a descendant of Benjamin.
6Feb1727/28 – LAND AWARDED RACHEL’S DAUGHTER: On hearing this day the several
pretensions of George Woodroof and Ann Arnold, widow, in behalf of herself and of
Rachel, her daughter now the wife of Francis Arnold, to 380 acres of land lying on East
North East River in Spotsylvania County, surveyed in 1715 for Benjamin Arnold, Decd.,
but no patent ever since sued out: It is the Opinion of the Board and Ordered
accordingly that the said George Woodroof have a patent on said land, upon his giving
bond to convey the same to Ann, daughter of the said Rachel Arnold, when she shall
come of age or marry, according to intentions signified by said Woodroof this day to
Council. (Executive Council Journals, IV:157) [Italics added.] (Executive Council
Journals, IV:162)
Francis Arnold was not truly a freeholder, but he had been acting as such on
the presumption that the Arnold’s Run tract would come to his wife Rachel.
Francis had been treated as a freeholder in Spotsylvania before the Council’s
decision awarding the land to Francis’ daughter Ann with George Woodroof as her
trustee, if not guardian. Ann was to have the land when she came of age or
married with Woodroof’s approbation (official proof). As soon as this Order in
Council was issued, Francis Arnold ceased to be a freeholder, was no more than a
tenant without status with the Court. He never again was a freeholder, for when
Ann and her husband William Davenport, son of Martin, were deeded the land by
Woodroof in 1736, they gave Ann’s parents a lifetime lease of 100 acres which left
Francis Arnold in the status of a renter or leaseholder—although Arnold treated
the land as if he owned it, i.e., he mortgaged it twice and divided it among his sons.
7Feb1727/28 – LAND PATENT: George Woodroof of King William County, 700 aces of
New Land in Hanover [later and now Louisa] County, adjoining Cock and Kimbrow,
crossing to the south fork of Great Rocky Creek… For £3/10. (Virginia Patents, 13:195)
George Woodroof was married to Jane, likely the eldest of the three identifiable
daughters of Benjamin Arnold, Indian trader. Woodroof himself took up Arnold
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surveyed land on Arnold’s Run of East North East Creek on the north side of the
North Anna in Spotsylvania, the mouth of which was less than a quarter mile down
river from Little Rocky Creek. Woodroof sold this patent to his brother-in-law
Joseph Temple, a merchant who married Ann Arnold, Jr., the youngest of
Benjamin Arnold’s daughters. Temple, who lived on the Old Benjamin Arnold
Plantation on the Mattaponi in King William owned land in Louisa, Spotsylvania,
and Caroline as well, all located near to or adjacent to Davenport lands..
17Apr1728 - LAND PATENT: George Woodroof of King William County, 380 acres of New
Land in Spotsylvania County on the north side of North Anna and on the east side of
East North East Creek, beginning at two hickories and a red oak standing on the north
side of the North Anna River and thence running North 362 poles to a stooping white
oak on the side of a hill, thence West 290 poles to a small white oak between two
valleys, thence South 115 poles to a great hickory on the north side of East North East
[River], thence down East North East the several courses to a red oak, two white oaks
and a hickory at the mouth of the East North East on the north side of the North Anna,
thence down the North Anna to the beginning. . [By Order of the Governor's Council.].
(Virginia Patents 13:262)
This patent was Ann Arnold's legacy from her grandfather. Francis Arnold
and his wife Rachel, daughter of Benjamin Arnold, were living on this land before
1724, and remained thereon or nearby until their deaths. In 1751, William
Davenport and wife Ann, moved to Spotsylvania from Louisa, and settled on their
land—where Francis Arnold and wife Rachel, father and mother of Ann, had been
living for a quarter century. This tract became the center of Arnold-Davenport
settlement in Spotsylvania. The patent included the east side of the lower end of
Arnold’s Run and the north side of Davenport Ford of the North Anna. Martin
Davenport, Sr., William’s father, owned the south side of Davenport Ford.
14Sep1728 - LAND PATENT: Joseph Temple, Merchant, of King William County, 1,000
acres of New Land in St. George’s Parish, Spotsylvania County, on the north side of
North Anna River and on the south side of the Main Road, beginning at a white oak of
the South Side and a red oak on North side of the Main Road , thence South 35º West
136 poles to Woodroof’s corner red oak and white oak, thence along Woodroof’s’ line
South West 320 poles to a stooping corner white oak of Woodroof’s in a slash, thence
South 23º West 100 poles to a small pine and a red oak by North side of a branch,
thence South 40º East 45 poles to Mr. Moore corner white oak and grub on the North
side of the Ranger’s Path, thence along his line East 250 poles to his two corner red
oaks on the north side of a small meadow, thence South 63º East 100 poles to a white
oak and red oak in Mr. Moore’s line, thence North East 240 poles to the Main Road,
thence up the Road the several courses to the beginning. [Consideration not given.]
(Virginia Patents, 13:289)
14Sep1728 - LAND PATENT: Joseph Temple, Merchant, of King William County, 250 acres
of New Land in St. George’s Parish, Spotsylvania County, on the north side of North
Anna River, beginning at George Woodroof’s stooping white oak in a slash, thence
South 40º East 45 poles to Mr. Augustine Moore’s corner white oak grub on the North
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side of the Ranger’s Path , thence South 280 poles to two corner pines of Captain
Thomas Carr in Mr. Moore’s line, thence along Captain Carr’s line North 25º West 244
poles to three corner red oaks and a hickory of Captain Carr on a barren ridge, thence
North 85º West 118 poles to a red and white oak , a corner of the land that Sarah Taylor
surveyed, thence along that North 50º East to George Woodroof’s line, thence along
that line to the beginning. For 25 shillings. (Virginia Patents, 13:289)
28Sep1728 – LAND PATENT: Dannitt Abney, Jr., 381 acres of New Land in Spotsylvania
County, beginning at two corner red oaks of George Woodroof on the side of a hill,
thence North East 222 poles three white oaks at the level of small branch, thence South
South East 326 poles to a red oak and a white oak on the North East side of the Main
Road, thence South 32º West 136 poles to the beginning. [Consideration not stated.]
(Virginia Patents, 13:380)
Three Abneys: Dannitt, Sr., and Jr., and Abraham, were early residents of the
greater Arnold’s Run community of Spotsylvania, but did not stay, soon hereafter
sold out and moved to St. Paul’s Parish, southernmost Hanover County.
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Thomas Graves was married to Ann Davenport, only known daughter of
Davis Davenport. He would have many dealings with George Woodroof before his
death in 1769. Ann would die in 1782.
Henry Gambrill’s (Gambill’s) wife Mary was the eldest daughter of Martin
Davenport, Sr., of Hanover. Henry subsequently had a plantation near his father-
in-law’s in Hanover/-Louisa, was a witness to Martin's Will in 1735 (see below),
and moved to Culpeper County with Thomas, son of Martin, in the late 1740s.
Henry died in South Carolina in late 1762, but his widow and most of his sons (and
their families), ultimately settled in the North Carolina backcountry with Thomas
Davenport and his son Martin in the mid-to-late 1770s. At this time the
Spotsylvania Court House was still at Germanna, twenty-eight miles from
Davenport’s Ford on the North Anna, a focal point for the Davenport settlement in
Spotsylvania and Hanover. The Henry Gambills were still located in Pamunkey
Neck at this time, apparently in that portion which became Caroline County in
1728, given the forty miles allowance. In 1735, a month before Martin, Sr., died,
Henry Gambill bought his own place in Hanover (in Louisa after1742) from
Captain Thomas Carr, located within a mile or so from Martin Davenport, Sr., and
witnessed his father-in-law’s will.
2Sep1730 - QUASHED: In the matter of Abraham Abney vs. George Woodroof in Trespass,
and for £100 damages in current money, the Plaintiff failing to appear and prosecute,
nonsuited. Ordered said Abney to pay said Woodroof’s cost of preparing his defense.
(Spotsylvania County, VA, Court Orders, 2:422)
27-28Jul1731 – LEASE & RELEASE: George Woodroof, planter of St. George Parish,
Spotsylvania County, to Joseph Temple, merchant of St. Margaret's Parish, King
William County, for 5 Shillings & £25, 180 acres in St. George Parish, Spotsylvania
County, “beginning at two corner white oaks in the east side of a hill, being a corner of
John & James Taylor, running thence South 152 poles to two white oaks and a hickory
sapling in Carr’s line, thence West 218 poles to two red oaks on the east side of East
North East River, thence down the River to a great hickory on the river side, thence
North 115 poles to a red oak and white oak between two valleys, thence East 190 poles
to the beginning, part of a 380 acre patent to said Woodroof on17Apr1728 ... /s/ George
Woodroof. Wit: Martin "M" Davenport, Franke “F” Arnold, Rachel “RA” Arnold,
Benjamin “A” Arnold. Jane, wife of George Woodroof, by a Power of Attorney to John
Waller, Gentleman, relinquished dower on 7Sep1731, witnessed by John Waller, Jr.,
and Benjamin “B” Arnold. John Waller, Jr., as agent, acted for Temple in the matter.
(Spotsylvania County, VA, Deeds, B:214-216)
This was surely a family affair. George Woodroof, married to Jane Arnold
and trustee for Ann Arnold, daughter of Francis Arnold and Rachel Arnold Arnold,
377
sold 180 acres of the 380 acres that he was granted to hold for Ann, granddaughter
of Benjamin, until she became of age or married. In essence, Ann's land trustee
(and uncle) sold almost half of her land legacy to her Uncle Joseph with her Mother
and Father signing off as witnesses, as well as her brother Benjamin (Francis’
eldest son, likely by his first wife and not by Rachel). Martin Davenport, Ann's
father-in-law, (either then or soon to be), signed first, suggesting that Ann and
William, both under the age of 21, were possibly already married or were
anticipatory parents..
William was no more than age 16-17 in 1731 and, even if already married to
Ann, was not of legal age to act for himself and his wife, an awkward situation
possibly resolved by the combination of signatures (or marks) witnessing this
deed. Martin Davenport and all of the Arnolds, by their marks, were apparently
illiterate.
Joseph Temple was married to Ann Arnold, Jr., younger sister of Rachel--both
were daughters of Benjamin, Sr., Decd., whose widow was Ann, Sr. Jane, wife of
George Wood-roof, was another sister.
Eldest child and first daughter Mary (of William Davenport and Ann Arnold)
may well have been born around this time. In due time she married William
Arnold, surely a first cousin by a son of Francis and Rachel. There are a number
of first cousin marriages documented in these Chronicles.
The 200 acres remaining of this patent, located on the north bank of the North
Anna River, directly across from Martin Davenport’s land in Hanover, was
conveyed by Woodroof to William and Ann in Oct1736, presumably when William
became age 21. If so, William and Ann were married when William was no more
than age 16, Ann possibly younger yet, which likely indicates that Mary their first
child was born c1731-32, and explains why Ann’s land was sold to her Uncle Joseph
Temple and Martin Davenport, surely representing his minor son was the first
witness to the deed. Within a week of receiving title to the 200 acres in 1736,
William and Ann gave a 100-acre lease to her parents, Francis and Rachel Arnold,
for life (see below).
7Sep1731 – DEED PROOF: George Woodroof appeared in Court and acknowledged his
deed of Lease & Release to Joseph Temple, Merchant, and after Jane Wood-roof, the
wife of the said George, by Power of Attorney to John Waller, Gentleman, proven by
John Waller, Jr., and Benjamin Arnold, acknowledged her Release of Dower in the land
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conveyed to the said Temple, and by motion of said Waller, Jr., in behalf of said
Temple, the deed was admitted to record. (Spotsylvania County, VA, Court Orders,
3:62; Deeds, B:218)
Note that by this time there had been an interface of the Davenports and
Arnolds with the Wallers for more than thirty-five years. It would continue on, but
there were no marriages of the Wallers with either the Davenports or the Arnolds
until several generations more and after 1800.
31JAN1731/32 - LAND PATENT: Joseph Temple, 1,250 acres of Old Land in Spotsylvania
County on the north side of North Anna, beginning at a white oak on the south side
and red oak on the north side of the Main Road, thence West 166 poles to George
Woodroof’s corner red oak and white oak, thence along Woodroof’s line South 45£º
West 320 poles to a stooping corner white oak of Woodroof’s in a slash, thence North
West along Woodroof’s line, thence South 50º West along the line of Sarah Taylor to a
red oak and white oak corner of said Taylor’s land, thence South 85º East 118 poles to
a corner red oak and hickory of Captain Carr on a barren ridge, thence along Carr’s line
South 25º East 233 poles to a corner to corner lines of the said Carr’s in Augustine
Moore’s line, thence along the said Moore’s line North 25º East 180 poles to a white
oak, thence grub on the north side of the Ranger’s Path a corner to the said Moore’s
land, thence along the said Moore’s line East 250 poles [unreadable] corner red oak on
the North side of a small meadow, thence South 62º East 100 poles to a white oak and
red oak in Moore’s line, thence North East 240 poles to the Main Road, thence up the
road to the beginning, said land formerly being granted to the said Joseph Temple by
patent bearing date of the year 1728 and a consolidation of his old surveys. (Virginia
Patents, 15:5)
28Sep1732 - LAND PATENT: Zachary Lewis, Gentleman, 1,335 acres of Old Land in St.
George's Parish, Spotsylvania County, on both sides of Arnold’s Run, cornering on
Captain William Smith, adjoining Dannitt Abney, Jr., and George Woodroof, bounding
the Honey Swamp, adjoining Thomas Hill and Major Carr's line. Being a 381-acre part
of a grant to Dannitt Abney, Jr., 28Sept1728, which conveyed to said Lewis 4Dec1731,
and 954 acres granted said Lewis as a 1,000-acre tract on 28Sep1728. (Virginia
Patents 14:530)
379
Lewis was a son-in-law of Colonel John Waller, was an attorney, and for
many years was the King’s Attorney for Caroline County--although his lifelong
residence was on this Spotsylvania plantation. Lewis and/or son John Lewis,
also an attorney, appear often in association with the Davenports after 1750.
Lewis’ grandson Nicholas Lewis engaged in questionable land activities with
Fielding Woodroof during the Revolution.
14Dec1733 - LAND PATENT: David Woodroof of Caroline County, 380 acres of New Land
in St. George’s Parish, Spotsylvania County, near East North East Bridge, on the north
side of Honey Swamp, adjoining Dannitt Abney, Jr., John & James Taylor, Edmund
Waller. For £2. (Virginia Patents, 15:127)
1Aug1734 - PUBLIC CLAIM: Before the Caroline Court, Joseph Martin produced a
certificate from John Martin, Gentleman, [attesting to his] taking up of two Negro men
belonging to George Woodroof (as Woodrough) of Spotsylvania County. Ordered [the
certificate] to be certified to the next [General] Assembly. (Caroline County, VA, Court
Orders, 2:151)
380
General Assembly (House of Burgesses) in Williamsburg for payment. Sometime
during its session, the General Assembly would lump all Certificates of
Apprehensions into a bill, and vote on payment. Those collecting bounties had to
have patience. As much as two years or more might pass between the apprehension
and return wandering slaves or vagrants and receipt of the Colony’s bounty
reward.
26-27Sep1734 - LEASE & RELEASE: Richard Phillips and Thomas Ballard Smith, to
George Woodroof, all of St. George's Parish, Spotsylvania County, for 5 Shillings,
Virginia, and 500 pounds of Tobacco and 40 shillings Virginia, 300 acres in St. George-
's Parish, Spotsylvania County, on branches of South River, beginning on the north side
of the Main Road, thence North 60º East 160 poles to two scrubby oaks and a white
oak standing on a ridge near William Pruitt’s line, thence South 30º East 100 poles to
a corner red oak and Spanish oak in said Pruitt’s and John Smith’s corner standing on
the southeast side of a branch, thence South 55º East 320 poles to a corner red oak and
white oak of John Smith’s standing on a hill in Mr. Robert Baylor’s line, thence South
35º West 194 poles to a corner black of Mr. Robert Baylor on ye northeast side of the
Main Road, thence along said Main Road to the beginning ... /s/ Richard Phillips, Thos
Ballard Smith. Wit: Wm. Waller, Edward Herndon, William Henderson, Jurat.
Elizabeth Smith, by Power of Attorney to Colonel John Waller, Clerk, relinquished
Dower on 5Nov1734. (Spotsylvania County., VA, Deeds, C:67-69, 70)
Seven weeks earlier, Thomas Ballard Smith, as son and heir-at-law to William
Smith, had deeded his interest in this plantation tract--a patent to William Smith,
Decd., in 1726--to Phillips. Here, he and Phillips join in conveying the tract to
George Woodroof, who still was holding title to the residual of the Ann Arnold tract
laying to the South. By the time that Woodroof sold this tract to Henry Pendleton
in 1744, he had built and operated an Ordinary (a tavern offering only rest and
drink for travelers and stabling and forage for horses) on the property for at least
ten years. When Pendleton in 1750, then a resident of King William County, sold
an interest in 70 acres of the property to James Dyer, of Caroline County, he
described the parcel as "George Woodroof’s Ordinary". In 1752 (see below),
Pendleton and Dyer sold the tract to John Davenport of Hanover County, son of
Martin Davenport. Obviously an Ordinary situated on near the crossroad of the
Pamunkey Rolling Road and Main Road was in a prime business location. A
second ordinary located nearby was owned by John Waller, Jr. The John Smith
adjoining this land is believed to have the John Smith most likely to have been John
Davenport’s father-in-law.
5Nov1734 – DEED PROOF: The deed of Richard Phillips and Thomas Ballard Smith to
George Woodroof was proved by William Waller, Edwin Hickman, Jr., and William
Henderson, witnesses thereto. Elizabeth Smith, by Power of Attorney to John Waller,
Gentleman, and his acting for her, relinquished her Dower Rights ... (Spotsylvania
County, VA, Court Orders, 3:357 )
Elizabeth Smith was the widow of William Smith, Gentleman, Decd. It took
her release of Dower to complete the conveyance. Phillips was administrator of
381
the Estate. Thomas Ballard Smith was heir-at-law (eldest son). Each had to
convey or release to pass the title cleanly. William Waller was another son of
Colonel John Waller, was an attorney, was Clerk of Courts of Spotsylvania when
he died in 1760.
5Nov1734 - MILL PETITION AND ORDER: Petition by Richard Phillips setting forth that he
having land on one side of East North East River (near the mouth thereof), desires to
build a water grist mill on same, but George Woodroof, the owner of the land opposite
thereto, refuses to let him have one acre of land, the said Woodroof’s, at a reasonable
value. Ordered Edwin Hickman, Henry Chiles, and Thomas Graves, or any two of
them, to lay off and value one acre of said Woodroof’s land (having regard that it takes
away no housing, orchards, or other immediate conveniences) and put the said Phillips
in possession of same, he having first paid the said Woodroof the valuation made ...
(Spotsylvania County, VA, Court Orders, 3:357)
This appears to have been the same mill site that William Smith, Gentleman,
had petitioned and received approval to build a decade earlier. There was a Smith
Mill built on this site, for the bridge today across the North Anna just below the
dam, from Louisa to Spotsylvania, is called “Smith Mill Bridge.” Within a short
distance north after crossing into Spotsylvania the road crosses East North East
Creek (then East North East River) at or near where the Smith Mill was located.
9Aug1735 - LAND PATENT: Humphrey Hill, Gentleman, 1,049 acres in Hanover [later and
now Louisa] County on both sides of Gold Mine Creek, on the North and South forks
of Gold Mine and on the south sides of Cattail branch, adjoining Charles Stevens, John
Poindexter, Colonel Meriwether, Henry Mills, Mr. Joseph Temple, and Richard
Yarbrough, including 400 acres formerly granted to George Woodroof on
7Feb1727/28, and by said Woodroof sold and conveyed by deeds proved in Hanover
Court on 4Oct1728. For £4/5. (Virginia Patents, 16:139)
This grant is illustrative of the land activity up river from the Rocky Creek
settlement. Temple subsequently sold the land identified here, but retained the
land adjacent or near to Great Rocky Creek.
2Oct1735 - DEED: David Woodroof to Joseph Woolfolk, both of St. Margaret’s Parish,
Caroline County, for £50 Virginia, 380 acres in Spotsylvania County near East North
East Bridge, beginning at a corner white oak and black oak on Dannitt Abney, Sr., John
Chiles, and John & James Taylor on a ridge, thence North 292 poles to two corner white
oaks standing on the north side of Honey Swamp in John Chiles’ line, thence East 208
poles to two corner white oaks in Edmund Waller’s line on the north side of a small
382
branch, thence South 190 poles to two red oaks and a white oak standing on the side of
a hill, a corner of Thomas Hill, John & James Taylor, thence West 208 poles to the
beginning-- being the patent granted said Woodroof on 5Dec1733 ... /s/ David
Woodroof. Wit: Thomas Dickenson, William Dickenson, John Dickenson. Ann
Woodroof, wife of David, relinquished her dower rights. (Spotsylvania County, VA,
Deeds, C:159)
15Mar1735/36 - LAND PATENT: George Woodroof, 400 acres formerly in King William
County, now in Caroline County, on the south side of the South Fork of South River,
issuing into the Mattaponi River–formerly granted to Henry Armistead, Gentleman,
on 27Feb1721/22, who failed to cultivate and make improvements, and George
Woodroof made humble suit and obtained a grant for the same. (Virginia Patents,
17:18)
Woodroof appears to have put his brother or son David on this land. Shortly
hereafter they were in litigation in Caroline Court.
30Sep-1Oct1736 - LEASE & GIFT RELEASE: George Woodroof, wife Jane, of St. George's
Parish, Spotsylvania County, to William Davenport, wife Ann, of St. Martin's Parish,
Hanover County, for 5 Shillings, natural love and affection, and £5 Sterling, 200 acres
in Spotsylvania County, beginning at two hickories and a red oak standing on the north
side of the North Anna River, a corner to John Minor and running thence North 510
383
poles to two white oaks and a hickory sapling in said Minor’s line, thence West 218
poles to two red oaks on the East North East River, thence down the said River the
several courses to a red oak and two white oaks at the mouth East North East River on
the north side of the North Anna River, thence down the said North Anna to the
beginning–being part of 380 acres granted said Woodroof by patent dated 17Apr1728
... /s/ George Woodroof, Jane Woodroof. Wit: John Minor, JWaller, Jr., Myles Potter,
WWaller. (Spotsylvania County, VA, Deeds, C:200-201)
Whether the date of this document has significance in terms of aging Ann,
granddaughter of Benjamin Arnold, or her husband William Davenport is
unknown, but Woodroof received the land by patent in 1728 to hold in trust for Ann
until she had reached her majority or had married with his approval, whichever
came first. In 1731 Woodroof had sold 180 acres of the patent (see above) to Joseph
Temple, of King William County, Ann's uncle by marriage, with her parents, an
Arnold brother (likely of half blood), and Martin Davenport, father of William
Davenport--Ann's then or later husband--all witnessing. Here, Woodruff deeds
the balance of the tract to Ann and her husband William. Ann surely grew up in
her parent's household--which was located on the land directly across the North
Anna from Martin Davenport, Sr.’s plantation in Hanover County. This land
description proves that Arnold’s Run for the first third of its length was entirely
within the patent to Woodroof on 17Apr1728 which was Benjamin Arnold’s survey
of 1715. Both the Arnolds and Davenports were living on this tract from the early
1750s on and thereafter until they variously moved in concert to Cumberland and
Halifax counties, Virginia; Randolph County, North Carolina; and Laurens and
Abbeville counties, South Carolina. The relationship was of long duration and
complex in nature, and yet remains to be satisfactorily defined.
5Oct1736 - LIFE LEASE: William Davenport, wife Ann, of St. Martin's Parish, Hanover
County, to Francis Arnold and Rachel, his wife, of St. George's Parish, Spotsylvania
County, for the rents agreed, 100 acres in Spotsylvania County, beginning at two
hickories and a oak a corner to John Minor, then along said Minor’s line so far as to
convenient for said 100 acres to include the plantation whereon the said Francis Arnold
and his wife Rachel “now live,” for the natural lives of the said Francis Arnold and
Rachel, his wife, they to pay a yearly rent of one ear of Indian corn to be paid on the
Feast Day of All Saints, and they to pay the Quit Rents—being part of the tract conveyed
to the said William and Ann on 1Oct1736 by George Woodroof ... /s/ Wm Davenport,
Ann "+" Davenport. Wit: John Minor, Wm Spencer, Wm Wilson Holmes.
(Spotsylvania County, VA, Deeds, C:202)
Four days after William and Ann had received her land legacy from George
Woodroof, they conveyed half of it to her mother and father as a life lease. This
was surely where Francis and Rachel had been living since shortly after Rachel's
father Benjamin Arnold had the land surveyed in 1715. Old Benjamin Arnold
apparently had little regard for his son-in-law Francis Arnold (an English
immigrant to Virginia early in the Century), for Benjamin left daughter Rachel's
land legacy to her daughter his granddaughter Ann, who surely had an older
brother, namely Benjamin Arnold, not necessarily a son of Rachel’s . (Francis died
384
unprobated after the mid-1750s, as did his wife Rachel, who was still living in
1775.) By this conveyance, Ann and William gave Francis and Rachel the first land
in Spotsylvania that they apparently held in their own names, but it was not a
passing of title and Francis Arnold did not become a freeholder. In the early days
of Spotsylvania County Francis had been considered a freeholder based on the
assumption that his wife’s land legacy was coming to him. When Woodroof
intervened and obtained the patent as trustee for Ann , Arnold lost all the rights
and privileges of a freeholder. This gift lease was not so regarded by Francis, for
Francis mortaged the land at least twice (see below), and at least one of their sons
devised his “share” of the land to his mother Rachel.
Adjoining neighbor John Minor's witnessing of this deed marked the beginning
of a long association of the Davenports and Minors in Spotsylvania records, but
no inter-marriages have been found or suggested. Captain Thomas Minor, a
Revolutionary War veteran of much combat, was a co-executor with son David of
William Davenport's estate in 1798, and was often present for the execution and
witnessing of a number of Davenport documents during the preceding twenty
years.
12Feb1736/37 - DISMISSED: The matter of George Woodroof vs. David Woodroof in Case
being agreed, the suit dismissed. (Caroline County, VA, Court Orders, 2:403)
LIMBO DNA
c1738 – In this year, William Davenport, eldest in the family of John Davenport
and wife Mary Smith was born on Davenport Ford Plantation,
Hanover County, two or so miles south
of George Woodroof’s plantation in Spotsylvania County
All Hanover records prior to 1865, except for two books of deeds and wills,
1733-1735 and 1785-1792, were destroyed in the Burning of Richmond in the final
days of the Civil War. Hence we have no resource for determining whether George
Woodroof was active in any regard in Hanover County in 1737/38 that might have
given him proximity to Mary Smith Davenport, wife of John, and mother of
William. We know that George Woodroof did not do business with the two
Hanover merchants whose records have survived, although several of his
neighbors had accounts there or rolled their tobacco to warehouses near Hanover
385
Town. Woodroof likely did business with his merchant brother-in-law Joseph
Temple on the Mattaponi River in King William County, surely with favorable
terms, or with the merchants at Fredericksburg on the Rappahannock, who were
in the main factors for British trading firms. Louisa County was erected out of the
upper half of Hanover in 1742, and excepting for a loss for the years 1750-1761,
Court records are complete since the beginning of the County. All Louisa deed
records back to 1743 are extant, minimizing the loss of the Court records. The only
Louisa records yet found that mention George Woodroof, Court, Land or Probate,
are land records reflecting his sale of patented lands, i.e., land speculation. No
evidence has been found that he participated in the activities on the South bank of
the North Anna in the Rocky Creek community, which was bounded after 1742 on
the east by the Hanover County line, i.e., Martin Davenport’s patent of 1727. The
only crossing of the North Anna was Davenport Ford. Only there could Woodroof
have crossed to Mary Smith Davenport without getting wet. Given their age
differences, Woodroof’s involvements north and eastward, and the travel
limitations of the time, a liaison between him and William Davenport’s mother
appears highly improb-able. If Woodroof was not the sire of William Davenport,
then he was not the sire of William’s brother Richard either—unless it was down
the line by one of George’s sons.
28Apr1738 - LAND PATENT: Joseph Temple of King William County, Gentleman, 2,000
acres in Hanover County on the north [sic: should be south!] side of North Anna, on
both sides of Ducking Hole Swamp, and down Gold Mine Creek, adjoining Robert Tate,
Henry Mills, Captain Carr, and Charles Stevens, including 1,600 acres formerly
granted the said Temple on 9Sep1735, and the residue formerly granted George
Woodroof by patent on 20May1735, who sold and conveyed to said Joseph Temple by
Deeds of Lease and Release dated 2-3Feb1737/38, and acknowledged and recorded in
Hanover Court on 2Mar next following. (Virginia Patents, 17:518)
George Woodroof apparently did not enjoy being a land baron with distant
holdings. He sold his Caroline and Hanover (later Louisa) lands to his brother-in-
law Joseph Temple, who was a major land speculator.
1Dec1740 – DEED: Robert Turner, wife Katherine, to James Rawlings, all of St. George
Parish, Spotsylvania County, for £20, 40 acres in Spotsylvania County, part of a tract
patented to Rowland Thomas on 16Jun1727… /s/ Robert Turner, Katherine Turner.
Wit: Edmund Waller, Z. Lewis, George Woodroof. (Spotsylvania County, VA, Deeds,
C:?, per Crozier, 153)
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Woodroof was traveling in distinguished company if he was associating with
Edmund Waller and his brother-in-law Zachary Lewis, the County Attorney for
Caroline County, who lived in Spotsylvania.
3Nov1741 - JUROR: George Woodroof served as a Grand Juror at this session of the
Spotsylvania Court. (Spotsylvania County, VA, Court Orders, 4:147)
The interest here is in witness Joel Parrish, son of John Parrish. This was his
first appearance in Spotsylvania land records, wherein he would appear regularly
for the next fifty years. Joel became a member of the Arnold’s Run community in
1747, had much interaction with the Davenports, Woodroofs, and Arnolds (see
below) until his death in 1791.
1Nov1743 - TAVERN LICENSE: George Woodroof allowed to keep an Ordinary at his house
on the Main Road in this County upon giving bond and paying the Governor’s dues.
(Spotsylvania County, VA, Court Orders, 4:245)
This was the ordinary that John Davenport, son of Martin, Sr. owned and
operated for a decade or so after 1753.
21Feb1743/44 – DEED: George Woodroof, planter, wife Jane, to George Woodroof, Jr.,
all of Spotsylvania County, “for the natural love they bear the said George Woodroof,
Jr.,” and £5 currency, 100 acres in Spotsylvania County… /s/ George Woodroof, Jane
“X” Woodroof. Wit: John Minor, George Wilson, Thomas “X” Graves. (Spotsylvania
County, VA, Deeds, D:?, per Crozier, 168)
When George, Jr., was in the process of proving this deed for recording in
Apr1745, George, Sr., appeared in Court and claimed that he had been out of his
senses when he made the deed. The Court heard him out, took the oath of witness
Thomas Graves and ordered the deed recorded (see below).
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patent granted said Woodroof on 24June1726 ... /s/ George Woodroof, Jane
Woodroof. Wit: Benjamin Woodroof. (Spotsylvania County, VA, Deeds, D:177)
12Jan1744/45 - DEED: George Woodroof, wife Jane, to Henry Pendleton, all of St.
George’s Parish, Spotsylvania County, for £33 currency, 380 acres in St. George’s
Parish, Spotsylvania County, being a grant to William Smith, Gentleman, Decd., on
28Sep1728 ... /s/ George Woodroof, Jane Woodroof. Wit: Edwd. Jones, Wm. Searcy,
Wm. Woodroof. (Spotsylvania County, VA, Deeds, D:176)
This was the “George Woodroof Ordinary Tract” that ultimately belonged to
John Davenport, son of Martin, and which John lost to his creditors in his bank-
ruptcy in the late 1760s (see below). By the mid-1750s, the tract was called “New
Market” land.
Woodroof apparently sold his tavern business separate from the land. Having
sold the land whereon his ordinary was located, he had sold the business to Searcy.
From the amount and kind of association that Searcy had with George Woodroof
(see above and below), an in-law relationship is highly suspect.
2Apr1745 - DEED PROOF AND DISSENT: George Woodroof’s deed for land to George
Woodroof, Jr., was offered in Court to be proved by a third witness, whereupon the
said George Woodroof appeared and objected to the said deed being proved, alledging
that he was out of his senses at the time he signed the deed, which dissent is ordered
to be entered upon the record. Then, the said deed was proved by the oath of Thomas
Graves and admitted to the record. (Spotsylvania County, VA, Court Orders, 4:311)
3Apr1745 - JUDGMENT: In the matter of John Wilson vs. George Woodroof and James
Debresey, William Searcy, and Martin Davenport, his securities in Debt, judgment for
Plaintiff. (Spotsylvania County, VA, Court Orders, 4:316)
Woodroof was married to Jane Arnold, aunt to William Davenport’s wife Ann.
This was surely Martin, Jr., son of Martin, Sr., and brother of William. Martin,
Jr., was apparently living on the Spotsylvania side of the North Anna on the 100
acres, adjoining George Woodroof and Francis Arnold, that William owned in
Spotsylvania. There is no evidence that Martin of Martin, Sr., ever married. In
1799, an old man excused from all taxes because of age and poverty, Martin was
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living in a rundown, dilapidated house on two acres near Davenport Ford in
Spotsylvania. He appears to have been a carpenter or cabinetmaker, for he made
the coffin for Thomas Graves, Decd., in 1768.
4Jun1745 - WRIT OF ENQUIRY: In the matter of Anthony Strother, Gentleman, vs. George
Woodroof in Case, an Order having been passed at the last Court against the Defendant
and James Debresey, William Searcy, and Martin Davenport, his securities, this Court
affirms that order, and a Writ of Enquiry to be considered at next Court. (Spotsylvania
County, VA, Court Orders, 4:326)
4Jun1745 - WRIT OF ENQUIRY: In the matter of John Wilson vs. George Woodroof in
Case, an order having been passed at the last Court against the Defendant and James
Debresey, William Searcy, and Martin Davenport, his securities, this Court affirms that
order, and a Writ of Enquiry to be considered at next Court. (Spotsylvania County,
VA, Court Orders, 4:326)
2Jul1745 - VERDICT: The matter of Anthony Strother, Gentleman, vs. George Woodroof,
and James Debresey, William Searcy, and Martin Davenport, his securities in Case,
being tried by jury, verdict of damages for the Plaintiff for £7/7/5. (Spotsylvania
County, VA, Court Orders, 4:331)
Woodroof had hung his co-signers out to dry, so they sued him for what he had
cost them. Searcy, we would remind, was the Ordinary Keeper located on what
had been Woodroof’s land, the same Ordinary that subsequently became John
Davenport’s.
6Aug1745 - JURORS: Thomas Graves and Joel Parrish served on the jury for the trial of
Mary Jones vs. John Kenton and Margaret, his wife for Assault & Battery. (Spotsyl-
vania County, VA, Court Orders, 4:334)
This is the second appearance of Joel Parrish, son of John Parrish, Gentleman,
who possibly was married to Mary Woodroof, George, Sr.’s daughter, for he
became an integral part of the Arnold’s Run community for more than forty years
after 1749.
6Aug1745 - JURORS: Thomas Graves, Joel Parrish, and Martin Davenport served on the
jury for the trial of Robert Rose, Clerk, vs. James Boyd in Case. (Spotsylvania County,
VA, Court Orders, 4:335)
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Neither Joel Parrish nor Martin Davenport were documented freeholders at
this time, but they were both presumed as such by their presence on this jury.
Parrish had a father with considerable land, but Martin Davenport, son of Martin,
Sr., had only his brother William’s 100 acres which could have legitimatized him
as a tenant freeholder. Thomas Graves was George Woodroof’s neighbor as well
as the husband of Ann Davenport, only known daughter of Davis Davenport.
1Sep1745 - DEED: George Woodroof, Jr., planter, wife Ann, of St. Margaret’s Parish,
Caroline County, to Thomas Graves, planter, of St. George’s Parish, Spotsylvania
County, for [?], 200 acre in Spotsylvania County, being a part of the lands made over
to said George, Jr., by his father George Woodroof ... /s/ George Woodroof, Jr., Ann
Woodroof. Wit: Jno. Parrish, Wm McWilliams, A. Foster. (Spotsylvania County, VA,
Deeds, D:209)
George Woodroof, Jr., had moved to Caroline County. This was a bundling of
the two tracts that George Woodroof, Sr., had tried to renege on, being heard but
ignored by the Court which accepted Thomas Graves’ oath proving the deed for
recording. Witness John Parish was the father of Joel Parrish and a County
Magistrate. Graves obviously had had his own agenda for helping George, Jr.,
prove his deed.
5Nov1745 - DEED: Benjamin Woodroof, wife Mary, of St. George's Parish, Spotsylvania
County, to William Davenport of St. Martin's Parish, Louisa County, for £40, 200 acres
in St. George's Parish, Spotsylvania County, on both sides of Arnold's Run, adjoining
Captain Joseph Temple and Thomas Hill--part of a grant to George Woodroof on
24Jun1726, father of said Benjamin, who gave the tract to said Benjamin on
28Mar1745 ... /s/ Benjamin Woodroof, Mary Woodroof. Wit: John Minor, Benjamin
Arnold, Ambrose Arnold, John Davenport. (Spotsylvania County, VA, Deeds, D:257)
Benjamin Woodroof had received this land as a gift from his father George
Woodroof and wife Jane on 28Mar1745. Not attended to at this time, Benjamin’s
mother retained her dower rights to the land, for when William Davenport wanted
to sell the land to Joel Parrish in 1748 (see below), he had to give Woodroof 94 acres
of Spotsylvania land to obtain Woodroof and wife Jane's signatures releasing
Jane’s dower rights. William apparently bought this land as an investment, for he
remained on the south side of North Anna in Louisa until 1751. Of the witnesses,
the two Arnolds were sons of Francis Arnold. Witness John Davenport was
William's brother, and the father of William, the Limbo DNA primary. The
ubiquitous John Minor, Gentleman, was a neighbor of prestigious connec-tions,
his wife being a daughter of Thomas Carr, Gentleman.
4Dec1745 - ROAD ORDER: Ordered that Thomas Hill serve as Overseer of the road from
East North East Bridge to the County Line in the room of George Woodroof, and that
all Tithables that served under the said Woodroof do now serve the said Hill to keep
the said road in repair. Also ordered the said Hill do keep fixed up a Post of Directions
where the old post once stood ... (Spotsylvania County, VA, Court Orders, 4:352)
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4Feb1745/46 - DEED PROOF: The deed of Benjamin Woodroof, wife Mary, to William
Davenport was proved by the oaths of John Minor, Gentleman, Benjamin Arnold, and
Ambrose Arnold, and ordered to recorded. (Spotsylvania County, VA, Court Orders,
4:355)
5Feb1745/46 - TAVERN LICENSE: The petition of William Searcy to have his Ordinary
License renewed, it being expired, is granted, said Searcy to give bond and pay the
Governor’s dues. (Spotsylvania County, VA, Court Orders, 4:361)
1Jul1746 - JURORS: Richard Phillips, Thomas Graves, Jr., Benjamin Woodroof, and
Martin Davenport served as jurors for the trial of Charles Dick, Merchant, vs. Benjamin
Woodward in Debt. (Spotsylvania County, VA, Court Orders, 4:382)
This item explains why Richard Phillips, Gentleman, was sitting on Spotsyl-
vania juries in Jul1746. He had been summoned as a witness against George
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Woodroof, a neighbor when Phillips lived in Spotsylvania, which engaged his time
for eight days and required travel between Fredericksburg and his Louisa
plantation five times. He had likely sat on the petit juries to eliminate the boredom
of having to wait until the case against Woodroof was called.
This item explains why Martin Davenport was in Fredericksburg at Court the
previous month. He had been summoned as a witness against George Woodroof
also. Colonial Virginia juries were largely drawn from Court bystanders. Jury
decisions were virtually instantaneous to the conclusion of the arguments,
enabling one person to sit on multiple juries at the same session of Court. Absalom
Davenport, for example, sat on twelve juries during one session of Cumberland
Court in the 1760s–he lived near Old Cumberland Court House. By his frequency
as a juror, he surely attended virtually every session of Court whether he had
business there or not. After all, Court Days were festive occasions in Colonial Days.
This was a touchy situation, for a son had been summoned as a witness against
his father. The fact that Woodroof, Jr., and Martin Davenport were allowed the
same mileage reinforces the conclusion that Martin Davenport was the tenant on
William Davenport’s 100 acres on Arnold’s Run, for that land adjoined George
Woodroof, Sr. Old George appears to have been alienated from his older sons from
the mid-1740s forward. Only his younger children were mentioned in his will.
4Nov1746 – INDICTED FOR ASSAULT: George Woodroof and George Woodroof, Jr.,
indicted by Grand Jury for assaulting and forcibly taking a mare from Robert
Huddelston, Constable, which the said Huddleston had attached by Court Order for
the use of Richard Woolfolk on 3Oct last, on the information of said Huddelston. /s/
Edward Herndon, Foreman. (Spotsylvania County, VA, Court Orders, 4:395)
Woodroof and son had apparently settled their difference sufficiently as to join
in physical action against the local constable.
Joel Parrish, a resident of the Arnold’s Run community along the road north
from Davenport Ford, was a close associate of William Davenport for at least forty
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years, sat on Spotsylvania County juries for five years before he was a freeholder
of record. Some Woodruff families believe that Joel was married to Mary,
daughter of George Woodruff, Sr. .
4Aug1747 – JUROR: Joel Parrish was a member of the Jury for the trial of Nicholas
Randall vs. Benjamin Holladay in Case. (Spotsylvania County, VA, Court Orders,
4:429)
1Sep1747 – JUROR: Joel Parrish was a juror for the trial of John Spotswood, Gentleman,
vs. John Odle in Case. (Spotsylvania County, VA, Court Orders, 4:438)
6Oct1747 - DEED: George Woodroof, wife Jane, to Zachary Lewis, all of Spotsylvania
County, for £33/15, 135 acres in Spotsylvania County on Arnold’s Run–part of a patent
to said Woodroof dated 24Jun1726 ... /s/ George Woodroof, Jane Woodroof. Wit:
William Taliaferro, Harbin Moore, Ann “X” Sandige. (Spotsylvania County, VA,
Deeds, D:327)
Zachary Lewis, a King’s attorney and son-in-law of Colonel John Waller, and
neighbor to the Arnold Run’s settlement, was continuously adding to his land hold-
ings. Considering the witnesses, this deed was made in Fredericksburg.
5-6Nov1748 – LEASE AND RELEASE: William Davenport, wife Ann, of Louisa County, to
George Woodroof, of Spotsylvania County, in exchange for said Woodroof’s wife Jane’s
Dower Release on 200 acres to Joel Parrish, said land being the tract that Benjamin
Woodroof conveyed to said William Davenport, 94 acres in Spotsylvania County
.[description all in metes and bounds] ... /s/ William Davenport, Ann “+” Davenport.
Wit: (Lease) Benjamin Woodroof, Jane Woodroof, Jr., Rachel “R” Arnold; (Release)
Ambrose Arnold, Benjamin Woodroof, Jane Woodroof, Jr., Rachel “R” Arnold;
(Receipt) Benjamin Woodroof, Ambrose Arnold. (Spotsylvania County VA, Deeds,
D:391-394)
This was another family gathering involving that 1715 survey of Old Benjamin
Arnold. These folks were all Arnold-related. Rachel Arnold was Ann Davenport's
mother, and a daughter of Old Benjamin. The 94 acres that Davenport gave
Woodroof was surely the last parcel of the 380-acre tract that was granted to
Woodroof in 1727 in trust for Ann Arnold, later wife of William Davenport. After
this deed, William and Ann Davenport owned only the 100 acres in Spotsylvania
County that they give a life lease to her parents--Francis and Rachel Arnold.
William and Ann’s willingness to remunerate Woodroof in order to give a clear
title to Parrish suggests an in-law relationship with Parrish. For this scenario to
make sense, Parrish had to have been married to either a Davenport or an Arnold.
But Woodruff interests, believe he was married to George Woodroof, Sr.’s
daughter Mary.
2May1749 - ACKNOWLEDGED DEEDS: William Davenport and Ann, his wife, appeared in
Court and acknowledged their deed to George Woodroof. Thereupon, William
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Davenport and Ann, his wife, and George Woodroof and Jane, his wife, acknowledged
their deed to Joel Parrish ... (Spotsylvania County, VA, Court Orders, 4:508)
This transaction was flawed, for two distinctly different land transactions
were embraced by one deed contrary to real estate law. The entire matter had to
be redone in 1751 (see below). William and Ann had made a thirty-five mile trip to
Fredericksburg to no avail. (They were living in Louisa on waters of South River
at this time.)
1Aug1749 – TOBACCO INSPECTORS: Ordered that William Miller and William Carr and
the present inspectors John Holloday and Joel Parrish be represented and returned [to
the Royal Governor] as persons qualified to serve as Inspectors of Tobacco at the Old
Warehouse at Fredericksburg for the ensuing year. (Spotsylvania County, VA, Court
Orders, 4:525)
LIMBO DNA
1750 – In this year, Richard Davenport, who passed the Limbo DNA,
fourth in the family of John Davenport and wife Mary Smith
was born on Davenport Ford Plantation,
Hanover County, three or so miles south and across Davenport Ford
from George Woodroof’s plantation in Spotsylvania County
1May1750 – DEED: Henry Pendleton, wife Martha, of King William County, to James
Dyer of Caroline County, for £27, 70 acres in St. George Parish, Spotsylvania County,
joining the lands of Zachary Lewis, Daniel Prewitt, John Shirley, and Nicholas Horn,
being part of a tract conveyed to Pendleton by George Woodroof and known as
“Woodroof’s Ordinary”… /s/ Henry Pendleton, Martha “X” Pendleton. Wit: None.
(Spotsylvania County, VA, Deeds, D:?, per Crozier, 182)
Pendleton had divided the 380-acre patent to Captain William Smith that
Smith’s executors had sold to George Woodroof, Sr., and George had sold to
Pendleton. This 70 acres contained the tavern at the crossroad of the Main Road
from Fredricksburg and the Pamunkey Rolling Road that George Woodroof,
William Searcy, and John Davenport sequentially operated.
394
7May1751 - GRAND JURORS: George Woodroof and Thomas Minor were members of the
Spotsylvania Grand Jury for this term of Court. (Spotsylvania County, VA, Court
Orders, 5:117)
Thomas Minor was the son of John Minor and a grandson of Thomas Carr,
Gentleman. John Minor would will his land near Arnold’s Run to son Thomas.
Thomas, Sr., who died shortly before the Revolution, devised the Arnold’s Run and
North Anna lands to his son Thomas (III), who was a prominent and important
Davenport associator for the last quarter of the Eighteenth Century. He was an
executor for both Joel Parrish and William Davenport.
5-6Aug1751 - LEASE & RELEASE: William Davenport, wife Ann, to George Woodroof, all
of Spotsylvania County, for consideration that said George and wife Jane shall and will
jointly with said William and Ann make over, acknowledge, and convey unto Joel
Parrish 200 acres of land formerly sold by Benjamin Woodroof to said William, and
for 5 shillings, 94 acres in Spotsylvania County. Beginning at a stooping white oak near
a slash, thence North 45º East 190 poles to a white oak and red oak sapling, thence
North 55º West 90 poles to a hickory, thence North 20º East 44 poles to a hickory
sapling, thence South 20º West 40 poles to two red oak saplings, thence South 44º Wes
58 poles to three red oak saplings, thence North 46º West 70 poles, thence South 14½º
East 140 poles to an old white oak, thence South 46º East 14 poles to the beginning ...
/s/ William Davenport, Ann “+” Davenport. Wit: Phillip Vincent Vass, John Holloday,
John Davenport. (Spotsylvania County, VA, Deeds, E:3)
Clearing the title of the land that the Davenports had bought from Benjamin
Woodroof in order to convey it to Joel Parrish, William and Ann deeded the that
tract back to George Woodroof and wife Jane along with the 94 acres that
Woodroof required to secure the release of Jane’s dower. Then, William and Ann
and George and Jane, in concert, deeded the 200 acres to Parrish. John Davenport,
William’s brother and father of William and Richard, of Limbo DNA, still living in
Hanover County, witnessed both deeds. John appears to have cast his lot with his
brother William after 1751 when William moved from Louisa to his land in
Spotsylvania.
6Aug1751 - DEED: William Davenport, wife Ann, and George Woodroof, wife Jane, to
Joel Parrish all of Spotsylvania County, for £58, 200 acres in Spotsylvania County,
beginning at a stake near two red oak saplings in a valley, thence South 72º East 54
poles to a red oak near a slash, thence South 1º West 140 poles to a stake in an Old
Field, thence South 14½º East 196 poles to an old white oak, thence North 46º West
310 poles to a red oak and white oak near a valley, thence North 44º East 179 poles to
the beginning ... /s/ William Davenport, Ann “+” Davenport, George Woodroof, Jane
Woodroof. Wit: Phillip Vincent Vass, John Holloday, John Davenport. (Spotsyl-vania
County, VA, Deeds, E:5)
The above two documents were a redoing of the deed that the Davenports and
Woodroofs had made to Parrish on 30Nov1748 (see above). A deed from
Davenport to Woodroof of one tract within a deed from the Davenports and
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Woodroofs to Parrish for another tract was not valid. Each tract required its own
deed; hence the two documents cited above. William Davenport had sold his land
in Louisa and moved to his land in Spotsylvania..
Why Ann Arnold Davenport did not relinquish dower rights is not evident. She
had conveyed the land to Woodroof and to Joel Parrish.
4Dec1751 - DEED: George Woodroof, planter, wife Jane, to Rice Graves, planter, all of
Spotsylvania County, for £10, 100 acres in Spotsylvania County adjoining Robert
Huddleston, John Smith, and James Fox… /s/ George Woodroof, Jane “X” Woodroof.
Wit: Robert Huddleston, John Smith, James Fox. (Spotsylvania County, VA, Deeds,
D:239)
2Jun1752 - DEED: Henry Pendleton, of Spotsylvania County, and James Dyer, wife
Eleanor, of Caroline County, to John Davenport, of Hanover County, for £30, 70 acres
in Spotsylvania County, beginning at the Fork in the Road where the Pamunkey Rolling
Road turns out of the Main County Road, thence up that road to Mr. Zachary Lewis,
Daniel Pruett, John Shurley, Nicholas Horn (now Robert Hall), then south to said
Rolling Road and up that road to the beginning–part of a 300-acre patent to George
Woodroof, who conveyed to said Pendleton ... /s/ Henry Pendleton, James Dyer,
Elenor “X” Dyer. Wit: None. Acknowledged by all grantors in Court the same day.
(Spotsylvania County, VA, Deeds, E:43)
The patent was to Captain William Smith, not Woodroof. While John did not
leave Hanover at this time, apparently commuting for three years the three or so
miles from the Martin Davenport plantation in Hanover north across Davenport
Bridge into Spotsyl-vania, passing his brother William’s plantation on Arnolds
Run in the process, we know little or nothing what he was doing in Hanover.
Davenport Ford Plantation had been divided between his brothers David and
James, both of whom had married and were living there. Dorothy, widow of their
father Martin Davenport, Sr., fifteen years after Martin’s death still lived in the
manor house and remained there as late as 1769. Then too, brothers Thomas and
Glover and their families were possibly living there also. With David and James
having reached their maturity and married with beginning families, there were
surely pressures by the vested owners to have their shares of the Plantation to
themselves. Whatever, it was three more years before John moved to
396
Spotsylvania—after he had bought the remainder of the Smith Tract, later
identified as the New Market Tract. Today, the crossroad called “Partlow” is
where the Main Road and Pamunkey Rolling Road crossed. John’s residence and
where his first four sons, at least, were born was in Hanover County, likely on
Davenport Ford Plantation and within two or so miles, and across the North Anna,
from where George Woodroof, Sr.’s plantation was.
19Nov1752 – VOTERS: Among those voting for two Burgesses to represent Spotsylvania
County in the General Assembly were:
George Woodroof
Mr. Arnold
Joel Parrish
Thomas Graves
William Davenport
The lists of voters by candidates were recorded in a watery ink that has since
spread and blurred many of the names.
8Feb1753 - AWARDED DAMAGES: In the matter of Thomas Graves vs. George Woodroof
for Slander tried by jury, Woodroof found guilty of speaking the Scandalous Words
against the Plaintiff as claimed, and assessed damages therefore to amount to £10
Sterling and 10 Shillings punitive. Ordered by the Court: Woodroof to pay the damages
plus all Court costs. (Spotsylvania County, VA, Court Orders, 5:252)
10Feb1753 - DISMISSED: The matter of Joel Parrish vs. David Woodroof in Trespass,
Assault & Battery having been agreed, suit dismissed. (Spotsylvania County, VA,
Court Orders, 5:280)
6Sep1753 - JUDGMENT: The petition of John & Roger Quarles against George Woodroof
for £1/14/6 due on an account being heard, judgment for the Plaintiff for the amount
claimed plus costs and lawyer fees. (Spotsylvania County, VA, Court Orders, 5:364)
6Nov1753 - GRAND JUROR: Joel Parrish was a member of the Grand Jury summoned for
this term of Spotsylvania Court. (Spotsylvania County, VA, Court Orders, 5:378)
397
2Apr1754 - ROAD ORDER: Joel Parrish appointed overseer of the road from the County
Line to East North East Bridge in room of William Davenport. (Spotsylvania County,
VA, Court Orders, 5:401)
2Apr1754 - ROAD ORDER: On petition of William McGehee and others, ordered John
Minor, John Waller, Jr., Joel Parrish, and William Davenport, or any three, do view
the most convenient bridle way from the Race Ground Ford near John Graves to
Thomas Graves’ Mill, and also from the said Ford to the Main Road of this County, and
report their opinion whether it is good for the public to have the said Ford kept open.
(Spotsylvania County, VA, Court Orders, 5:401)
By the John Graves benchmark, the Race Ground Ford road crossed East
North East River (now North East Creek). Thomas Graves Mill was on the North
Anna River in Louisa County. William Davenport was gaining in social status by
his associations, viz., the nature of his appointments and the quality of the men
with whom he served. Joel Parrish was already there when he arrived on Arnold’s
Run.
3Apr1754 – VOTERS: Among the relative few voters at a Special Election to elect a
replacement for William Waller, Gentleman, as Burgess for Spotsylvania County, were:
Francis Arnold
George Woodroof
Thomas Graves
Benjamin Arnold
Less that one fourth of the voters who participated in the general election of
Burgesses participated in this election. All names were legible on the list.
3Jul1754 - WITNESS FEE: On motion of Joel Parrish, an evidence for Thomas Hill at the
suit of Luke Hart, ordered said Hill pay said Parrish 100 pounds of Tobacco for four
days attendance at Court. (Spotsylvania County, VA, Court Orders, 5:451)
1Oct1754 – DEED: Rice Graves to Thomas Graves, both of Spotsylvania County, by Court
Order and 5 Shillings, 100 acres in Spotsylvania County, being the same 100 acres sold
to the said Rice Graves by George Woodroof… /s/ Rice Graves. Wit: Zachary Lewis,
[Unreadable name], Charles Colson. (Spotsylvania County, VA, Deeds, E:209)
This was the tract on Arnold’s Run that George Woodroof had sold Rice in 1751.
Here, Rice sold the tract for a token amount to his father, who had a larger tract
near by, but further up the North Anna. This put Thomas Graves, Sr., in the middle
of the Davenport-Arnold community. Rice moved back to Louisa County, where he
lived for almost five decades and died. Rice was executor of his mother, who died
in 1782.
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3Jun1755 - ROAD ORDER: James Edwards appointed Overseer from East North East
Bridge on Mr. Hill's land to the Old Chapel Road above Moore's Quarter, his gang to
include his own hands and the hands of William Davenport where Phillips lives,
Thomas Graves, John Graves, William Sandige, William Sandige, Mr. Seaton, and Mr.
Hill’s Quarter on the southwest side of East North East River. (Spotsylvania County,
VA, Court Minutes 1755-1765, 9)
3Jun1755 - ROAD ORDER: Joel Parrish appointed Overseer from East North East Bridge
to ye County Line with his gang, viz. his own hands, John Woolfolk, Thomas Hill,
William Davenport, Francis Arnold, Mr. Temple’s Quarter, George Woodroof,
Benjamin Woodroof, David Woodroof, John Minor, John Waller, John Sutton, John
Lewis, attorney, and their male laboring tithables. (Spotsylvania County, VA, Court
Minutes 1755-1765, 9)
By the above three Orders establishing responsibility for Road upkeep and
repair, we know that William Davenport of Martin had two plantations--his own
on the east side of the East North East Bridge and where "Phillips lives"on the west
side. When a Court specified who was to work on the road, the Justices generally
started at one end of the road section assigned and went down the road naming
freeholders on both sides sequentially. This order therefore suggests that William
Davenport was living adjacent to his father-in-law Francis Arnold, who was living
adjacent to his brother-in-law Joseph Temple’s Quarter, which was adjacent to
George Woodroof, another brother-in-law, and his sons Benjamin and David. (A
“Quarter” was the plantation of an absentee owner that was managed by an
overseer and worked by slaves.) There is no evidence that Joseph Temple or any
of his sons were ever residents in Spotsylvania. There were ample Arnolds of
Francis, none of whom had land of their own at this time, who could have worked
for their Uncle Joseph as an overseer. Francis Arnold, Sr.’s 100-acre lease would
have been insufficient to have supported all of Francis’s large family.
399
In 1778, surely in her 80s, Rachel, daughter of Benjamin the Indian Trader and
wife of Francis Arnold, joined Benjamin Waller of Spotsylvania as a co-executor
of the estate of her son Edmund Arnold in deeding 18+ acres to William Davenport,
with John Lewis, Thomas Minor and Thomas Davenport, youngest son of William
and Ann, witnessing. Thereafter both Rachel, widow of Francis, and her daughter
Ann, wife of William Davenport, disappeared from records.
By the late 1760s, Francis Arnold, Jr., without the “Junior” modifier, was a
planter-freeholder living neighbor to the Davenports of Halifax County, Virginia,
namely James and Thomas, Jr., sons of Thomas, Sr., and grandsons of Davis. In
1779 Francis Arnold, Jr., moved on to Randolph County, North Carolina, where he
was closely associated with cousin John Davenport, and with cousin Augustine
who was settled a short distance westward in Rowan (now Davidson) County.
Augustine and John were sons of William and Ann of Spotsylvania. In later years,
the William Davenport-Francis Arnold posterity continued to associate into South
Carolina, Georgia, Tennessee, and Indiana.
3Jun1755 - ROAD ORDER: Robert Durret appointed Overseer from Woodroof’s Ordinary
to the Road by Harris’ pond, his gang to include his own hands and those of Robert
Goodloe, Richard Durret, George Taylor, Samuel Warren, Mr. Baylor’s Quarter, S.
Dillard, Thomas Coates, Patrick Kennedy, John Williamson, Thomas McNeal, William
Matthews, John Shirley, Mrs. Hall’s Quarter, John McHenry, Smith’s tenant, and
William Huddleston’s tithables. [Italics added.] (Spotsylvania County, VA, Court
Minutes 1755-1765, 9-10)
5Aug1755 - DEED: Henry Pendleton, wife Martha, of St. George Parish, Spotsylvania
County, to John Davenport, of St. Martin's Parish, Hanover County, for £18 Virginia,
230 acres in St. George's Parish, Spotsylvania County, beginning at the Fork of the
Main Road and the Pamunkey Rolling Road, just below the Ordinary belonging to said
Davenport, thence down the Pamunkey Rolling Road to where the line of William
Prewett and the Ordinary land crosses the road, thence along Prewett’s line to John
Smith’s corner red oak on the southeast side of a branch, thence with Smith’s line to a
corner oak of Smith’s on a hill in Mr. Robert Baylor’s line, thence with Baylor to his
corner on the northeast side of the Main Road, thence up the Main Road to the
beginning–being the remaining part of a 300-acre patent granted William Smith,
Gentleman, and conveyed to said Pendleton by George Woodroof and wife Jane on
5Feb1744, 70 acres of the tract having been conveyed to said Davenport previously ...
400
/s/ Henry Pendleton, Martha Pendleton. Wit: None. Acknowledged by Pendleton in
Court the same day. Martha Pendleton, wife of Henry, relinquished Dower on
3May1757. (Spotsylvania County, VA, Deeds, E:278-280)
The Pamunkey Rolling Road was a road paved with logs laid cross-ways and
was used for rolling hogsheads (large casks) of tobacco to warehouses located
down the Pamunkey River in Hanover--where the tobacco was graded, packed for
export, then shipped on ocean-going sailing ships to England. The Pamunkey
Rolling Road terminated at Crutchfield’s Warehouse at the head of navigation on
the Pamunkey in Hanover County. The Pamunkey was deep enough for ocean
going ships to sail upriver thirty or so miles at this time. By the time of the Civil
War, the river had been so silted in by upland cultivation that had caused erosion
that large ships could no longer sail or steam above West Point, the confluence of
the Pamunkey and Mattaponi into the York River.
8Sep1755 – PARISH ORDER: Francis Meriwether, Joel Parrish, William Davenport, and
Thomas Wiglesworth, or any two, ordered to procession all lands from the County Line
up as high as the Ridge plantation, late of Colonel Moore’s, between Pamunkey [North
Anna] River and the ridge between the Pamunkey and Mattaponi. (St. George Vestry
Book, 104)
Only freeholders of sterling character were chosen to run land lines as Proces-
sionaires for the Parish, appointments being made by the Vestry. Processioning
was the remarking of lines between properties to enable continuing computation
of acreage, the basis for Quit Rents owed annually to the King. The Church and
State being One in Colonial Virginia, it was the Church’s responsibility to insure
that the King received all that was due the Crown, namely one shilling for every
100 acres. Two parishioners of stature and character, accompanied by the
landowners concerned, were expected to walk the lines between land tracts to
verify dimensions and eliminate disagreements between owners. William
Davenport’s appointment reflects the high opinion by which he was held by the St.
George Parish Vestry.
15Dec1755 - Voters: Among the Freeholders of Spotsylvania County casting votes for
two Burgesses to the General Assembly were:
401
FOR MR. ZACHARY LEWIS
Thomas Graves
John Graves
John Davenport
Edmund Waller
George Woodroof
Francis Arnold
Thomas Minor
Thomas Graves
Thomas Graves
William Davenport
These were largely neighbors voting for neighbors. Candidates Lewis and
Waller were brothers-in-law. William Waller was variously Spotsylvania County
Surveyor, Louisa King’s Attorney, and Spotsylvania Clerk of Courts.
6Jul1756 - PETITION: The petition of George Woodroof [Sr.] to be Levy Free was rejected.
(Spotsylvania County, VA, Court Minutes 1755-1765, 41)
Woodroof was petitioning for freedom from taxation and public service such as
road work likely on he basis of age or ill health or both. Such requests were
generally entertained from and granted to those who were disabled, indigent, or
had reached the age of sixty-five. If the petitioner possessed more than minimal
assets and/or income, whether disabled or aged, the Court was not sympathetic to
giving tax relief. At this time, George Woodroof, an uncle and neighbor to the
William Davenport family by his marriage to Jane Arnold, still had assets and
lands, was reduced in circumstance but was far from destitute. He would have to
402
wait several years more before he was granted the freedoms and tax relief he
sought.
4Aug1756 - WITNESS FEE: On motion of John Davenport, an evidence for The King
against William Woodroof, said Davenport allowed one day’s attendance at Court and
30 miles. (Spotsylvania County, VA, Court Minutes 1755-1765, 162)
Witnesses summoned by the Crown did not get paid because they were subjects
of the King and owed the service to their liege. But if a witness wanted a record
made of his service, his petition for such was entertained by the Court. In
extremely rare instances, the County Court in laying the Annual Levy might
provide some remuneration for the King’s witnesses, particularly if there had been
unusual hardship involved. William Woodroof was George Woodroof, Sr.’s son
who had troubles with the Law in both Spotsylvania and Caroline.
12Aug1757 – DEBTORS PRISON ESCAPE: On the motion of the Sheriff, it appearing to the
Court that William Woodroof was committed to the Jail of this County at the suit of
William Spiller, and the said Woodroof broke jail and made his escape, that the
common order passed yesterday might be discharged, which said motion was
overruled. The Sheriff then being requested to bring the body [William Woodroof] into
Court, which he failed to do alleging that he had not yet taken him on an Escape
Warrant. (Caroline County, VA, Court Orders, 5:306)
403
Fredericksburg to transact this business. William Waller, Gentleman, was Clerk
of Courts of Spotsylvania at this time.
1Aug1758 - GARNISHEE TO PAY: In the matter of Davenport vs. Woodroof in Debt, John
Waller, Gentleman, a garnishee, appeared in Court and said that he had £1/15/11 due
said Woodroof which said Davenport may make claim to at next Court. (Spotsylvania
County, VA, Court Minutes 1755-1765, 120)
This was likely John of Martin, Sr., suing George Woodroof and involving
John Waller, Jr., Gentleman, of Spotsylvania and King William. This is more
evidence of Woodroof’s growing financial plight.
Despite his own financial troubles, George Woodroof’s son William had worse
troubles. Here George took a chattel mortgage on William’s tangibles, possibly to
keep them from being attached by creditors.
This appears to have been the debt that prompted Spiller to cast William
Woodroof into Debtor’s Prison, from whence Woodroof subsequently escaped, and
became a felon. George Woodroof’s credit standing had sufficiently eroded to such
an extent that his signature no longer was sufficient to cosign for his son William.
He had to enlist William Waller, Gentleman, Spotsylvania Clerk of Courts, as his
security to satisfy the King William merchant.
25Jan1760 - DEED: Thomas Graves, wife Ann, to John Lewis, attorney-at-law, all of
Spotsylvania County, for £35, 200 acres in two tracts in Spotsylvania County, being
100 acres purchased from George Woodroof, Jr., adjoining George Woodroof, Sr. One
tract of 100 acres beginning at a red oak on a stone hill and running thence along said
Woodroof, Sr.’s Old Patent Line North 35º West 100 poles to an old hickory and two
white oak saplings, a corner between said Thomas Graves and Zachary Lewis, thence
South 45º West 110 poles to two maples in a the fork or a branch, the same course
continued 10 poles further to a poplar standing in a branch, thence South 22º West
along a line of marked trees 16 poles to three white oaks, a corner between Thomas
Graves and George Woodroof, thence South 51º East along the line of marked trees to
the said Graves’ corner white oak in the said George Woodroof’s Old Patent Line,
thence along the old line North 45 East to the beginning--and 100 acres adjoining said
tract conveyed to said Graves by Mr. Zackary Lewi s, etc… /s/ Thomas “X” Graves, Ann
404
“X” Graves. Wit: Z. Lewis, Jr., Charles Lewis, Benj. Lewis. (Spotsyl-vania County,
VA, Deeds, E:668)
Age 70 or so, Thomas Graves, Sr., was beginning to liquidate his holdings. By
this time his fifteen children had scattered to Louisa, Culpeper, Orange, Albemarle,
and Halifax counties in Virginia, and to Granville County in North Carolina. He
would die in 1769. His widow, Ann Davenport Graves, would survive until 1782.
John Lewis, an attorney, was the son of Zachary Lewis, Sr., and a grandson of
Colonel John Waller. He represented the Davenports in various legal matters for
more than two decades. This deed and two others made on 1Aug1760 (see below)
were proved in Court on 4Aug1760, apparently were consolidated into a 424-acre
manor tract for John.
The entry in the record is noted on the side that the Inventory & Appraisal was
not completed until Mar1761.
29Jul1760 - DEED: Joseph Temple [Jr.], wife Mary, to Robert Baylor and John Semple,
[merchants], all of St. Stephen’s Parish, King & Queen County, for £80 currency, 400
acres in St. George’s Parish, Spotsylvania County–part of a 1,250-acre tract granted to
Joseph Temple, Gentleman, of King William County, now deceased. and by him
devised to the said Joseph Temple, his son, beginning at the beginning place of the
1,250-acre tract on the North side of the Main Road near Woodroof’s Ordinary (now
called “New Market”) and running thence 35º West along the Patent Line 136 poles to
two red oaks and a Spanish oak corner of George Woodroof’s land, thence , thence
South 45º West 320 poles to two large white oaks in a slash corner, also to the said
Woodroof, thence North 43º East 150 poles to three maples in a branch and a red oak
in the fork by that and another branch, thence North 42º East 420 poles to a red oak
on the South side of the Main Road, thence up the said Road to the beginning ... /s/
Joseph Temple, Mary Temple. Wit: Lark: Chew, John Smith, Richd Tunstall,
Humphrey Hill, Baylor Walker. (Spotsylvania County, VA, Deeds, E:829)
405
1Aug1760 - DEED: George Woodroof, wife Jane, to John Lewis, all of Spotsylvania
County, for £43 currency, 124 acres in Spotsylvania County [description all in survey
terms] ... /s/ George Woodroof, Jane Woodroof. Wit: Zachary Lewis, Junr., John
Waller, Charles Lewis, Benjamin Lewis. (Spotsylvania County, VA, Deeds, E:657)
11Oct1760 – DEED SIGNED AGAIN: The deed of Joseph Temple, planter, wife Mary, to
Robert Baylor and John Semple, merchants, all of St. Stephens Parish, King & Queen
County, was signed again in Spotsylvania County with John Waller KW, John Waller,
Jr., John Hill, George Woodroof, and William Wiglesworth witnessing. (Spotsylvania
County, VA, Deeds, E:830)
The wife of the David Woodroof of Caroline who sold the land on near George
Woodroof in the 1730s was name Ann.
PAYMENTS MADE:
Glover Davenport, £9
Ben Stinnet, £1/4
Rachel Woodroof, £39/11/6½
CASH RECEIVED:
David Woodroof, £3/13/3
Rachel Woodroof, £3
406
John Woodroof, £9/16/7
This David Woodroof was possibly the one who was in Caroline in the 1730s,
and briefly had land near to or adjoining George Woodroof, Sr., in Spotsylvania
County. Whether the David Woodroof in Spotsylvania records, c1768-1787, was
the David Woodroof noted here is yet to be resolved. These Woodroofs, possibly
except David, were settled in that part of Albemarle soon (1763) to be erected into
Amherst County. Glover Davenport was the son of Martin, Sr. (DNA proved). In
later years, Ambrose Rucker, or one of the same name, and Woodroofs would be
associated with Joseph Davenport, eldest son of Richard, Sr., of Albemarle, the
same Richard Davenport who had lived adjacent to the Davenport Ford
Plantation, c1737-c1752, on the Hanover-Louisa line.
6May1762 – Voters: Among those few names legible of a large list of Freeholders who
cast ballots in an election for two Burgesses to represent Spotsylvania County were:
Joseph Venable
George Woodroof
Thomas Graves
26Jul1762 – DEED: John Graves, wife Susannah, to John Page, all of Spotsylvania
County, for £30 currency, 100 acres in St. George Parish, Spotsylvania County, on
branches of the North fork of South River, adjoining Henry Goodloe, William Marsh,
George Goodloe, Benjamin Woodroof, W. Hodgson, Robert Goodloe, and George
Durrett… /s/ John Graves, Susannah “X” Graves. Wit: None? (Spotsylvania County,
VA, Deeds, F: per Crozier, 226)
This was surely part of the tract patented to George Woodroof in 1727 as
trustee for Ann Arnold, later wife to William Davenport, that Woodruff sold to
Joseph Temple in 1731. When William Davenport died his plantation consisted of
180 acres, the 100 acres that he had given as a lifetime lease to Francis and Rachel
Arnold and this tract from Temple, which had originally been a part of the same
patent that included the Arnold tract. Benjamin Temple's mother was Ann Arnold,
aunt to William’s wife Ann, i.e., grantor Benjamin Temple and Ann Davenport,
wife of the grantee, were first cousins.
407
4Jul1763 - TAX FREE: On petition of George Woodroof, he is discharged from payment
of Public and County levies. (Spotsylvania County, VA, Court Minutes 1755-1765, 280)
Seven years after he had first petitioned the Spotsylvania Court for relief from
taxes, Woodroof was given the dispensation. By this time, he no longer was a
freeholder of consequence and was in sore financial straits, and was in his late 60s
or early 70s at least.
8Nov1763 – PROCESSIONERS REPORT: James Edwards and John Waller, Jr., made report
of their processioning, including two lines between Colonel Hill and John Woolfolk,
one line between John Woolfolk and Thomas Minor, one line between John Woolfolk
and John Lewis, two lines between Zachary Lewis and John Lewis, all in the presence
of Mr. John Woolfolk. Also processioned two lines between George Woodroof and
John Lewis, one line between George Woodroof and Zachary Lewis, two lines between
George Woodroof and Joel Parrish, all in the presence of Mr. George Woodroof. (St.
George Vestry Book, 191)
Thomas Minor [Sr.] was the aristocratic son of John Minor, son-in-law of
Colonel Thomas Carr, Sr., and brother-in-law of John Waller, Jr. He died shortly
before the Revolution, leaving this land in the Arnold-Davenport neighborhood to
his son Thomas. Thomas [Jr.], later a Revolutionary officer of Continental Line,
State Troops, and Militia service, was frequently associated with various
Davenports in Spotsylvania. He was one of the trustees named in Charles
Kennedy’s will in Hanover in 1783, and joined David Davenport as a co-executor
of the Spotsylvania will of William Davenport, son of Martin, Sr., in 1798 (see
below).
408
William Davenport, we remind, was a cousin by marriage to Temple, had
bought the first parcel of this tract that Benjamin had sold after being devised it by
his deceased father.
14Feb1764 – PROCESSIONERS REPORT: James Edwards and John Waller, Jr., made
further report of their processioning, including two lines between John Lewis and
Colonel Humphrey Hill, in the presence of Joel Parrish; one line between Benjamin
Temple and Mr. Minor, and two lines between Mr. Minor and William Davenport, all
in the presence of Joel Parrish and William Davenport. (St. George Vestry Book, 192)
William Davenport had appeared to have his land lines with Thomas Minor,
Gentle-man, processioned. Strangely, his lines with Joel Parrish, who was also
present, were not walked.
6Aug1764 - DEED PROOF: An indenture for land from Benjamin Temple to John Woolfolk
was proved by William Davenport and Joel Parrish. (Spotsylvania County, VA, Court
Minutes 1755-1765, 334)
15Aug1765 - DEED: Joseph Temple [Jr.], of King & Queen County, to Joel Parrish, of
Spotsylvania County, for £95 Virginia, 200 acres in Spotsylvania County, adjoining
Woodroof, James Taylor, Carr, and Moore ... /s/ Joseph Temple. Wit: Joseph
Hawkins, Jr., George Woodroof, Nathaniel Parrish. (Spotsylvania County, VA, Deeds,
F:609)
Joseph Temple, Jr., was the son of merchant Joseph Temple and his wife Ann
Arnold, Jr., of King William County. The Spotsylvania land was devised to Joseph,
Jr., at his father’s death. This conveyance was made without a new survey, for
excepting Woodroof, all of the adjoining landowners cited in the deed had been
gone for thirty years. Joel Parrish was either married to a daughter of George
Woodroof or to an Arnold. Witness George Woodroof, married to Jane Arnold,
was Temple’s uncle, and an in-law in some degree to Parrish although Woodroof’s
behavior when William Davenport sold a former Woodroof tract to Parrish (see
above) was strange. Woodroof seemingly had problems with all of his older sons.
Witness Nathaniel Parrish was either a younger son of Joel or a relative of some
degree.
Benjamin Temple was still liquidating his father’s holdings on East North East
River and Arnold’s Run in southernmost Spotsylvania. Benjamin had been a
409
Captain of Militia during the French and Indian War. Attorney John Lewis, a
grandson of Colonel John Waller, was expanding his manor plantation.
Appartently an old deed was used to make this deed, for Oswald Smith had been
dead for almost twenty years and his land [the Smith Mill tract] had been conveyed
to others several times since.
31May1766 – LAST WILL & TESTAMENT: John Lewis, of St. George’s Parish, Spotsylvania
County, made this date; probated 19Oct1780; legacies to Wife [unnamed], one third of
estate; son John Zachary Lewis, land “whereon my mother now dwells;” son Robert
Lewis, lands in Culpeper and Orange counties, also land “whereon I now live”
purchased of Giles Tompkins and Thomas Hill, and my lot in Fredericksburg joining
the Court House No. 2; son Nicholas Lewis, land purchased of the Honorable Philip
Grymes and Benjamin Temple, with the mill built thereon, and the tract of land bought
of Thomas Graves and George Woodroof. Executors: brothers Zachary, Waller, and
Benjamin Lewis; brothers-in-law Nicholas, Charles, and William Lewis. Trustees:
friends Fielding Lewis and Joseph Jones… /s/ John Lewis. Wit: None recorded.
Codicil dated 3Nov1776 devised to son Robert a tract of land on Glady Run in
Spotsylvania bought of John Waller and wife Ann. (Spotsylvania County, VA, Wills,
E:558, per Crozier’s Abstracts)
John Lewis, grandson of Colonel John Waller, was an attorney who ranged
widely in Virginia and was the principal attorney of record for Pamunkey
Davenports both north and south of the James River. This will was made fourteen
years before Lewis’ death in the middle of the Revolution. Attorney Lewis’ manor
plantation was the next plantation upriver from the William Davenport on the
north bank of the North Anna in Spotsylvania. It was Lewis who worked out the
financial solution that enabled David Davenport to leave Debtor’s Prison bounds.
This was more of the Waller influence in the social milieu in which the Davenports
of the North Anna existed.
John had roped Old George Woodroof into his tangled financial affairs. When
the Sheriff started taking slaves and horses, matters were extremely serious.
410
William Arnold, £2/2/7
John Davenport, £3/3/2
3Aug1767 - MORTGAGE: John Davenport, wife Mary, of the Colony of Virginia and
Spotsylvania County, and George Lumsden, of the Colony of Virginia and Louisa
County, to Andrew Cochrane, William Cunningham, John Stewart & Company, of City
of Glasgow, merchants, for £120 to said Davenport and wife and 5 shillings to the said
Lumsden, 320 acres in Spotsylvania County, beginning at two red oak saplings on the
North side of the Main Road that leads to Chesterfield, then North 60ºE 130 poles to
two scrubby oaks and white oak standing near William Pruett’s line, thence South 30ºE
100 poles to a corner red oak and Spaniah oak of William Prueitt’s and John Smith’s
standing on the SE side of a branch, thence South 55ºE 120 poles to a corner red oak
and white oak of John Smith’s standing on a hill on Robert Baylor’s line, thence South
35ºW 194 poles to a corner black oak of said Baylor on the North of said Main Road,
then up said Road to the beginning—being a tract of land patented to William Smith,
who dying intestate, the same descended to Thomas Ballard Smith, eldest son and heir-
at-law, who together with Richard Phillips conveyed the said land to George Woodroof,
who conveyed to Henry Pendleton, who conveyd to the said Davenport... /s/ John
Davenport, [No Wife Signs], [No Lumsden signature]. Wit: None. (Spotsylvania
County, VA, Deeds G:103)
John Davenport, erstwhile tavernkeeper, son of Martin, Sr., had financial and
legal problems burgeoning into bankruptcy. A year before he had mortgaged his
real estate to George Lumsden (an in-law of some degree), of St. Martin’s Parish,
Louisa County, for £200. Here, Lumsden resigned his claim for a token 5 shillings,
and in a separate instrument, transferred any interests in John's real estate to the
Glasgow merchants. Davenport did not redeem the mortgage and lost the land.
With this action, John of Martin, Sr., was no longer a freeholder, but was entitled
as a householder as long as he owned Slaves.
8Aug1769 - DISMISSED: The matter of John Davenport vs. Joel Parrish for Trespass,
Assault & Battery dismissed, both parties to pay own costs. (Spotsylvania County, VA,
Court Orders 1768-1770, 43)
10Aug1769 – DEFENDANT DEAD: The matter of Hugh Lenox & Company vs. Benjamin
Woodroof in Case dismissed, abated by death of Defendant. (Spotsylvania County,
VA, Court Orders 1768-1770, 56)
411
Benjamin, an Arnold cousin of William Davenport’s wife, had died elsewhere,
was not probated in Spotsylvania.
5Oct1769 - LAST WILL & TESTAMENT: George Woodroof of Spotsylvania County, made
this date; executor’s bond dated 19Sep1771. Named son Richard; grandson Benoni,
son of daughter Sarah; daughter Sarah; daughter Jean; daughter Mary. Executors: son
Richard Woodroof, Joel Parrish, Thomas Minor. /s/ George Woodroof. Wit: George
Carpenter, William Clift, Nathaniel Parrish, Sarah Parrish. (Spotsylvania County, VA,
Wills, D:494)
Woodroof’s wife Jane, believed to have been the eldest daughter of Indian
Trader Benjamin Arnold, had preceded him in death. Old George was surely in his
late 70s or early 80s. All of his older sons had received their shares, died or moved
away, leaving George with his youngest son and daughters. Son Benjamin was
dead. Joel Parrish was possibly a son-in-law. There was little records association
between the Davenports or the Arnolds with the Woodroofs after 1760. The
Woodroofs seemed to fade as the Davenports and Arnolds began to bloom–if all
those debts and court actions could be called a flowering.
5Jun1770 - DEED: Joseph Temple, wife Mary, of King & Queen County, to David
Woodroof, of Spotsylvania County, for £60 Virginia, 200 acres in Spotsylvania County,
beginning at a corner between the said Woodroof and Richard Maulden Owen on the
line of the New Market land, adjoining John Clark, Moore’s line, and Ballard Smith–
part of a tract devised to the said Joseph by the will of his father Joseph Temple,
Gentleman ... /s/ Joseph Temple, Mary Temple. Wit: John Z. Lewis, Benja. Waller,
Richd. Owen, John Todd. (Spotsylvania County, VA, Deeds, G:422)
5Jun1770 - DEED: Joseph Temple, Gentleman, wife Mary, of King & Queen County, to
Richard Mauldlin Owen, of Spotsylvania County, for £60 Virginia, 200 acres in
Spotsylvania County, beginning at a red oak on the West side of the New Market land,
adjoining the New Market land, Ballard Smith–part of a tract devised to the said
Joseph by the will of his father Joseph Temple, Gentleman ... /s/ Joseph Temple, Mary
Temple. Wit: John Z. Lewis, Benja. Waller, D. Woodroof, John Todd. (Spotsylvania
County, VA, Deeds, G:424)
5Jun1770 - DEED: Joseph Temple, Gentleman, wife Mary, of King & Queen County, to
Robert Wilkinson, blacksmith, of Spotsylvania County, for £58/2/6 Virginia, 195 acres
in Spotsylvania County, beginning at George Woodroof’s corner with the New Market
land, adjoining Parrish, Clark, David Woodroof, the New Market land ... /s/ Joseph
Temple, Mary Temple. Wit: Richd Owen, John Z. Lewis, Benja. Waller, John Todd.
(Spotsylvania County, VA, Deeds, G:426)
With the three conveyances preceding, the Temple presence on Arnold’s Run
and East North East waters in Spotsylvania ended. David Woodroof was
becoming a bigger factor in the community.
412
16Nov1770 - ROAD ORDER: "On petition of Joel Parrish for a road from New Market to
Davenport's Ford, ordered that William Davenport, John Davenport, Thomas Minor,
and John Woolfolk, or any three, do view and layout the convenience of such a road
and report to this Court." (Spotsylvania County, VA, Court Minutes 1768-1774,
unpaginated)
John, a fugitive of sorts in Louisa, was still a Spotsylvania freeholder, had not
yet been foreclosed. Regardless of his financial problems, the County Court
expected him to perform civic obligations. Doubtless, he did not participate in this
road jury.
19Jun1771 - DEED: John Lewis, wife Ann, of Spotsylvania County, to Charles Yates, of
Fredericksburg, Gentleman, for £30 Virginia, Lot No. 2 in the Town of Fredericksburg,
in that portion laid out by John Allan, Decd., bounded by Hanover Street , Lots Nos.
57 and 1--which descended to said John Lewis as heir-at-law of his father, Zachary
Lewis, Dec’d. ... /s/ John Lewis, Ann Lewis. Wit: John Davenport, James Davenport,
Jno. Z. Lewis, David Woodroof. (Spotsylvania County, VA, Deeds, H:28)
This was John Lewis, attorney, the same who had participated in extracting
David Davenport from near bankruptcy in 1767. Based on the witnesses, this deed
was drawn up and signed in the Arnold’s Run area where John Lewis, attorney,
had a plantation adjacent to William Davenport, Sr. By this time William’s son
James was well within his majority, and a son John, a few years younger than
James, was at or near his majority. Then too, the witnesses could have been John
and James, sons of Martin, Sr., for the distance between Arnold’s Run in
Spotsylvania and Little Rocky Creek in Louisa was no more than a few miles and
a matter of crossing the North Anna at Davenport Ford or Graves Ford upriver.
The wealthy Waller-Lewis family had houses in Fredricksburg as well as
plantations thirty miles south.
413
Decd…. /s/ Benjamin Tomkins, Elizabeth Tompkins. Wit: None. (Spotsylvania
County, VA, Deeds, H:12)
There are two Davenport lines related to this appearance of the Masons:
The land cited here had been patented in 1728, and again, enlarged, in 1731 by
Major Joseph Temple, merchant of King William County, who was an uncle--by
his marriage to Ann Arnold, Jr., daughter of Benjamin Arnold, Indian Trader--to
Ann Arnold, granddaughter of Benjamin, who married William Davenport, son of
Martin, Sr., of Hanover. The patent was issued to Woodroof as Ann’s trustee with
the stipulation that he would be convey title to her when she reached legal age or
married. In 1736, Woodroof deeded 200 acres to William Davenport and wife Ann,
180 acres of the patent having been sold in 1731 to Major Joseph Temple, of King
William, Ann’s uncle and Woodroof’s brother-in-law, with Martin Davenport, Sr.,
as one of the witnesses. Temple land adjoined Davenport land in Spotsylvania
until 1760 when Joseph Temple, Jr., of King & County, sold 400 acres of his father’s
tract, devised to him by will, to the firm of Robert Baylor and John Semple,
merchants, of St. Stephen’s Parish, King & Queen. In 1769 the Executors of Robert
Baylor, Decd., conveyed the tract to Benjamin Tompkins, of Caroline County, and
here Tompkins and wife convey the land to John Mason, who possibly was a
grandson of Richard Davenport, Sr., of Caroline County. Worthy of note is the fact
that Major Joseph Temple had bought a large portion of the Captain Thomas Terry
land in Caroline before the Captain’s death and was an adjoining landowner to
Richard Davenport of Caroline until his death in the late 1750s.
New findings suggest that John Mason, Sr., of Caroline, son of Peter Mason,
Sr., was married to Crotia Davenport, daughter of Richard Davenport, whose
lands adjoined those of Richard Davenport, as well as those of Major Joseph
Temple, in southeast Caroline near the King William line. The Masons—John,
Peter, James, and George, brothers or cousins—who appeared in Spotsylvania
County in the early 1770s were extensions of the Caroline family, their exact
relationship to John Mason, wife Crotia, yet to be established, but Masons were
definitely a part of the Arnold-Davenport neighborhood in Spotsylvania after this
date and until they, in part, apparently retreated back to Caroline at the deaths of
John Mason in 1782 and his widow Crotia in 1783.
The Old Curmudgeon had died, much reduced in circumstances. He was surely
in his late 70s or early 80s.
16Jul1773 – SECURITY: In the matter of William Graves vs. William Arnold in Debt,
David Woodroof became Special Bail for Defendant, who pleaded payment.
(Spotsylvania County, VA, Court Minutes 1768-1774, npn)
414
By the others involved in this action, this matter was unlikely to have involved
William Graves, orphan of Jonathan and ward of William Davenport. There were
at least two other William Graves in Spotsylvania County. David Woodroof’s
participation indicates that the principals were more East North East than
Arnold’s Run.
15Oct1773 – APPEARANCE ORDERED: In the two matters of Joseph Temple vs. Richard
Owen and David Woodroof in Debt, the Defendants failing to appear, ordered said
Owen to appear with Benjamin Spicer, his security, at next Court or a judgment for
“what appears to be due” in both cases. Suits abated as to Woodroof, the Sheriff having
returned that he is not an inhabitant of Caroline County. (Caroline County, VA, Court
Orders, 1772-1776, 410)
These suits apparently concerned the Spotsylvania land that Temple had sold
each of these defendants earlier. Both Woodroof and Owen were living in
Spotsylvania at this time, should have been sued jointly there.
17Aug1775 – DEED OF GIFT: David Woodroof, wife Rachel, to their daughter Sarah, wife
of Thomas Hackney, 30 acres in Spotsylvania County… /s/ David Woodroof, Rachel
Woodroof. Wit: None. (Spotsylvania County, VA, Deeds, J:?, per Crozier, 320)
12Dec1775 - DEED: Joel Parrish, wife Mary, to Martin Davenport, all of Spot-sylvania
County, for £32/10, 100 acres in Spotsylvania County, adjoining Robert Wilkenson and
Peter Minor-- part of a tract purchased by said Parrish of Joseph Temple ... /s/ Joel
Parish, M Parish. Wit: Thomas Minor, Robert Wilkenson, William Davenport. Deed
acknowledged in Court by Joel Parrish on 26Jun1776. (Spotsylvania County, VA,
Deeds, H:163)
Joel Parrish's wife Mary was either an Arnold or a Woodroof, for the
Parrishes lived amidst those marriage-related families on Arnold's Run and East
North East waters of the North Anna for at least fifty years. This Martin
Davenport has long been identified as Martin, son of Martin, Sr. For reasons noted
below (see 1783), he was more likely to have been a son of William, and a grandson
of Martin, Sr., and a nephew of Martin, Jr. This appears to be the first mention of
Martin of William in Spotsylvania records, who became a freeholder with this
purchase--and be so became increasingly more active in Court records. Martin's
father William witnessed the deed, may have provided the purchase price, for
Martin was not mentioned in William's Will made in 1795. However, the acreage
was in the Arnold’s Run community, but was north of his father’s plantation.
Martin lived there until he died in 1802-03, apparently having had but one
surviving child, namely daughter Dorothy who was married to Robert Hackney.
This was the first appearance of Thomas Minor (the earlier Thomas Minor was
his father), later (1798) co-executor of the Estate of William Davenport of
Spotsylvania, in Davenport affairs. Considering the frequency with which Thomas
Minor was a participant in Davenport matters hereafter, an in-law relationship is
suggested, but no evidence of such has been found.
415
In the months preceding this deed, Thomas Minor had begun what was to be
a spectacular Revolutionary War career. According to Gwathmey's Register (see
Revolu-tionary War 1775-1783 below), Thomas Minor served as Adjutant of
Colonel Willis' Regiment of Minute Men under General Mercer below
Fredricksburg in 1775; then captained a Spotsylvania Militia company until
Jan1777 when he was commissioned a First Lieutenant in the 5th Regiment of Foot,
Virginia Continental Line and fought in the Battles of Brandywine and
Germantown, both in 1777. At Valley Forge in 1778 he transferred to the 2nd
Virginia State Regiment and was promoted to Captain. In the 2nd State Regiment,
he fought in the Battle of Monmouth (28Jun1778), then remained with the regiment
until Feb1780, when he returned to Spotsylvania County and again became a
Captain of Militia. James Davenport (of William) stated in his Revolutionary War
pension application that he had marched from Spotsylvania to North Carolina
under Captain Thomas Minor and had fought under his command at Guilford
Court House (15Mar1781). Minor completed his military career as aide-de-camp
to Major General Edward Stevens who commanded the Virginia Militia at the
Battle of Yorktown and at the ensuing surrender of Cornwallis (19Oct1781).
Awarded 5,333 acres of land for his services, Minor also received a Virginia
pension. He died 21Jul1834 on Arnold's Run, Spotsylvania.
The Chapman land was westerly, up East North East River, from the Arnold’s
Run community. Both Davenport and Woodroof were out of their territory, were
apparently bargain shopping, for each bought only one item. Davenport, son of
William, who had recently obtained land from Joel Parrish, was seeking a cow.
Woodroof’s purchase was indicative of nothing as to his vocation, for there were
five sides of leather sold at the sale, each to a different buyer. All may have been
shoemakers or saddlers, but finished leather was of multiple uses in those days,
good to have around. Peter Stubblefield’s presence, buying only scraps of leather
for 8 pennies, is of interest because he appears in concert with Fielding Woodroof
in several instances hereafter.
31Mar1777 – DEED: David Woodroof, wife Rachel, of Spotsylvania County, and Richard
Owen, wife Ann, of Caroline County, to George Cook, of Spotsylvania County, for £100
currency, 220 acres in Spotsylvania County. /s/ David Woodroof, Rachel Woodroof,
Richard Owen, Ann Owen. Wit: Fielding Woodroof, Robert Chewning, John Hackney.
(Spotsylvania County, VA, Deeds, J:?, per Crozier, 530)
416
David Woodroof was likely a son of George Woodroof, Sr.. He had obtained
his land personally after George, Sr., had made his LW&T and left all sons but
Richard without legacies. David obtained this tract, which adjoined the New
Market Tract, from his cousin Joseph Temple in 1770, three years after John
Davenport had mortgaged New Market to the English merchants and lost it.
Fielding Woodroof, based on deductions from later data (see below) had to have
been another son of George, Sr., who sometime between 1776 and 1782 illegally
took title to New Market from Oliver Towles then passed it to Nicholas Lewis.
Fielding was a man who had no land, but held a number of slaves and small herd
of horses, suggesting that he was engaged in a non-agricultural pursuit requiring
labor and transportation, or, possibly was a slave and horse trader.
This road ran westerly from the Davenport-Woodroof settlement on the road
between New Market (now Partlow) and Davenport Ford.
17Nov1778 - DEED: John Wyatt, wife Ann, and Thomas Ballard Wyatt, wife Susanna, all
of Hanover County, to Thomas Chiles, of Caroline County, for £500 currency, 330 acres
in Spotsylvania County, adjoining George Luck, James Mason, David Woodroof ... /s/
Jno.Wyatt, Ann Wyatt ,Thomas B. Wyatt, Susanna Wyatt. Wit: Anthony Arnold, John
Hackney, Jr., Wm. Mason. (Spotsylvania County, VA, Deeds, J:?, from Crozier’s
Abstracts, 345)
Thomas Ballard Wyatt and John Wyatt were grandsons of Thomas Ballard
Smith, were cousins of some degree to Mary Smith, wife of John Davenport. This
tract adjoined the New Market Tract as did David Woodroof’s land and was
bundled with New Market in a chain of spurious titles that included Thomas Chiles,
Thomas Towles, Fielding Wood-roof, and Nicholas Lewis..
9Sep1781 – DEED: Robert Lewis to Joel Parrish, both of Spotsylvania County, for
£1,269/12/0, 8 acres in Spotsylvania County, [Get land description from original
record]… /s/ Robert Lewis. Wit: Thomas Minor, Thomas Montague, Zachary
Meriwether. (Spotsylvania County, VA, Deeds, J:? , from Crozier’s abstracts, 363)
The intriguing factor of this record is witness Thomas Montague. There was
a Parrish-Montague association in Spotsylvania records that went back to the
1730s that did not involve either the Davenports or the Woodroofs and was
centered well away from the Arnold’s Run community. The land concerned here
was part of Robert Lewis’s dividend from John Lewis, Decd., his father, and on the
north verge of the Davenport-Woodroof settlement. Thomas Minor was
417
ubiquitous in Davenport, Parrish, Arnold, and Kennedy affairs in Spotsylvania,
Hanover and Louisa for the last quarter of the Eighteenth Century.
19Feb1782 – DEED: Nicholas Lewis, wife Elizabeth, to Joel Parrish, all of Spotsylvania
County, for £3,500 Virginia, 90 acres in Spotsylvania County. Beginning at a corner
stone in the Old Field in the line of Richard Woodroof, adjoining the East side of New
Market Road, Benjamin Waller, Joel Parrish, back to said Woodroof… /s/ Nicholas
Lewis, Elizabeth “X” Lewis. Wit: Thomas Minor, Benjamin Waller, William Pettus,
George Stubblefield, B. Stubblefield, John Stubblefield. (Spotsylvania County, VA,
Deeds, K:29)
As to the two above deeds: John Lewis, Esq., the Davenport’s attorney had
died. Here his son Nicholas sells off parcels of his father’s Arnold’s Run lands. This
conveyance locates the remaining land of George Woodroof, Decd., now held at
this time by Richard Woodroof, precisely. Witnesses Benjamin Waller and Joel
Parrish were already substantial landowners in the area, added here to their
holdings.
Ann Graves was the widow of Thomas Graves and the only known daughter
of Davis Davenport, was in her late 80s at this time. She died a few days after this
tax listing. Of the Davenports, William was the son of Martin, Sr.; Martin and
James were William’s sons on plantations either adjoining or near their father;
418
and John Davenport, ordinary keeper, was the son of John the Bankrupt, was
located near the center of the County. Richard Woodroof, youngest son of George,
was residing on what remained of the George Woodroof, Decd.’s land. David
Woodroof, surely another son of George, Sr., was on his own land. Fielding
Woodroof was a man of no land, who had 8 Slaves and 7 Horses, a combination
that suggests that he was a slave and horse trader, not engaged in agriculture as
were the others. This was Fielding first and last appearance in Spotsylvania
Personal Property Tax Lists, which began in 1782 and continued annually until
1868 by Commonwealth Law. The lists were compiled locally and sent to
Richmond.
4Jul1782 – DEED: Robert Lewis to Benjamin Waller, both of Spotsylvania County, for
£32 Specie, 32 acres in Spotsylvania County where the said Robert Lewis’s father John
Lewis. Decd., formerly lived, who bequeathed same to same Robert, adjoining the
South side of the Road leading to East North East Bridge, adjoining Thomas Hill, Smith
(now Woolfolk), the road path… /s/ Robert Lewis. Lewis, Peter Mason, Samuel
Longan, Fielding Woodroof, Geo. Stubblefield, B. Stubblefield, Peter Stubblefield.
(Spotsylvania County, VA, Deeds, K:31)
419
John Scott Davenport’s Pamunkey Davenport research lost interest in the
Woodroofs after George, Sr.’s death in 1771. He made no effort was made to extract
Woodroof items from Spotsylvania Court records after George’s probate. An
explanation of Woodroofs bearing New Kent?Hanover DNA is found elsewhere in
this document. The Fielding Woodroof items included herein, excepting the 1782
Personal Property Tax listing, were taken from Crozier’s abstracts of Spotsylvania
records (1900). Woodroof researchers will need to re-research the primary
documents to their own satisfaction.
Both David Woodroof and Fielding Woodroof were unlisted this year, either
had moved or had been excused from paying the tax, but taxing procedures and
definition of who was taxable and who was not were still cloudy in 1783. The
Compiler recalls that he omitted extracting Woodroofs from the Tax Lists after
1783 on the basis that they were no longer relevant to the Davenports. Those
records too need to be re-researched.
17Jun1783 – DEED: George Cook, wife Mary, of Spotsylvania County, to George Mason,
of Caroline County, for £80 Virginia, 114 acres in Spotsylvania County, adjoining David
Woodroof, Thomas Hackney, William Howard, and Benoni Woodroof…./s/ George
Cook, Mary “X” Cook. Wit: John Carter, Thomas Goodloe, William Wiglesworth,
James Mason. (Spotsylvania County, VA, Deeds, K:146)
420
Woodroof. Wit: Thomas Towles, Nicholas Payne, B. Stubblefield. (Spotsylvania
County, VA, Deeds, K:?, per Crozier, 382)
7Jun1785 - WITNESS FEE: On motion of Thomas Davenport, a witness for Thomas Chiles
against Fielding Woodroof, ordered said Chiles pay said Davenport 200 pounds of
Tobacco for 8 days attendance at Court. (Spotsylvania County, VA, Court Orders
1785-1787, 49)
Thomas Chiles was one of the initiators of the land mess that resulted in the
litigation associated with the New Market lands—the spurious chain had gone
from Chiles to Thomas Towles to Fielding Woodroof to Nicholas Lewis. If Thomas
Davenport had to spent eight days in Court attendance to testify against Woodroof
in behalf of Chiles, there is multiple mentions in the Court Minutes.
Both petitioners were sons of William Davenport of Martin. Martin was the
oldest son. Thomas was the youngest son. John Hackney appeared first in
421
Spotsylvania records in 1778 in association with David Woodroof, whose daughter
Sarah was married to Thomas Hackney, a son of John. David Woodroof was a son
or grandson of George Woodroof, Ann Arnold Davenport's land trustee of 1727.
The Hackney land was located near New Market (now Partlow, site of the tavern
hosted by John Davenport of Martin, Sr., on the Pamunkey Rolling Road), and lay
a short distance north of the plantations of William Davenport, Sr. and his son
Martin. Robert Hackney, youngest son of John, would shortly marry Dorothy
Davenport, only child and daughter of Martin of William. Hackney had not died,
for when John "X" Hackney executed a deed of trust in 1796 committing eight
slaves to secure payment of his debts, he directed that any surplus was to be paid
to his son Thomas Hackney, son Richard Hackney, son Robert Hackney, and
daughter Frances Johnston. Martin Davenport, Stephen Hackney, and William
Arnold witnessed the document.
As noted, Martin had only one surviving child, namely daughter Dorothy.
There were no unidentified Davenport males in Spotsylvania after the Revolution.
The sequence of Spotsylvania Personal Tax Assessments 1782-1810 (see above,
below) include Martin Davenport for every year through 1803, and further
document that for six years Martin was charged with 0 polls, for nine years he was
charged for 1 poll, and for five years was assessed for 2 polls. Of the twenty-two
years that he was listed, no one in Spotsylvania was assessed for polls during two
years. The point being that the only identifiable males in Martin's household were
himself and Robert Hackney, his son-in-law. At no time during the period was he
assessed for more than 2 slaves, most often was charged for only 1.
Towles served as Deputy Sheriff for the Southeasternmost part of the County.
These taxpayers all resided there, although John Davenport was surely at the
northwestern extremity of Towles’ district. The amount of taxes paid reflected the
respective wealths. The Will Book likely was used for the record because it
422
contained the only blank pages available or the subject defied definition as to the
deed books and court minutes.
The John Davenport listed here was the youngest son of John the Bankrupt. A
descendant tested with the standard Pamunkey Davenport DNA in early 2008.
His brothers William Davenport and Richard Davenport passed the Limbo DNA.
Woodroof was moving elsewhere. The Hackneys had appeared in the Arnold’s
Run neighborhood during the Revolution. Robert Hackney married Dorothy
Davenport, only known child of Martin, son of William of Spotsylvania.
4Feb1786 – DEED: Thomas Hackney, wife Sarah, to Thomas Turner, all of Spotsylvania
County, for £100 Virginia, 100 acres in Spotsylvania County, adjoining said Turner,
David Woodroof (now Hackney), Widow Wilkerson, Benjamin Waller, Widow Wyatt,
and the Main Road… /s/ Thomas Hackney. [No wife signs]. Wit: Jno Waller, Benoni
Woodroof, John Turner, Thomas Turner, Jr. (Spotsylvania County, VA, Deeds, L:31)
24Apr1786 - DEED: Thomas Ballard Wyatt, Francis Wyatt, and Thomas Chiles to Henry
Terrell, of Spotsylvania County, for £180 currency, 150 acres in Spotsylvania County–
-part of a tract conveyed by deed from Thomas Ballard Smith to his grandchildren the
said Thomas Ballard Wyatt, Francis Wyatt, and Thomas Chiles, adjoining the Main
Road, James Parrish, George Mason. /s/ Thomas Ballard Wyatt, Francis Wyatt,
Thomas Chiles. Wit: Theop. Wyatt, Jno.Arnold, Benoni Woodroof, Eliza Wyatt.
(Spotsylvania County, VA, Deeds, L:161)
9Nov1786 – WITNESS FEE: Joel Parrish ordered to pay Martin Davenport, James
Davenport, and Thomas Dillard, witnesses for him against Augustine Woolfolk, 50
pounds of Tobacco each for attendance at Court. (Spotsylvania County, VA, Court
Orders 1786-1788, 42)
28Apr1787 - DEED: Joel Parrish to James Wilson, both of Spotsylvania County, for £30,
40 acres in Spotsylvania County, on the southeast side of the road leading from New
Market to Davenport’s Ford, which said Parrish purchased of Joseph Temple,
adjoining John Partlow and Martin Davenport ... /s/ Joel Parrish. Wit: Geo. Phillips,
Saml. Luck, Waller Lewis. (Spotsylvania County, VA, Deeds, L:334)
423
28Jun1787 - DEED: Walter Colquhoun, attorney for William Cunningham & Company,
Merchants of Glasgow, Scotland, formerly trading in Virginia, to Francis Meriwether,
of Spotsylvania County, Virginia, for £300 Virginia, the New Market Tract, and a 400-
acre adjoining tract, both in Berkeley Parish, Spotsylvania County, namely (1) 320
acres on the North side of the Main Road leading to Chesterfield [in Caroline County],
adjoining William Pruett, John Smith, Robert Baylor, the Main Road; and (2) 400
acres on the North side of the Main Road, adjoining Zachary Lewis, George Woodroof,
and the Main Road… /s/ Walter Colquhoun, Attorney. Wit: James Blair, John
Sunderland, Robt Grigg, R. Alexr Sunderland. (Spotsylvania County, VA, Deeds,
L:289)
All of the adjoining landowners cited were dead, some had been so for almost
twenty years. Hence this deed was made from old deeds, and there was some
disagreement relative to the tracts. The 400-acre tract had been lost by John
Davenport, Sr. (the bankrupt), and was the site of Woodroof’s Ordinary, then
Davenport’s Ordinary, which apparently became New Market House, located at
the crossroads of the north-south road to Fredericksburg and the east-west road
to Caroline County, and was the first refreshment stop north of Davenport’s Ford.
Thomas Ballard Smith had given the 320-acre tract (as 330 acres) to his Wyatt
grandchildren in 1764 (see above). Either Smith had not had a valid title to the
land, which had been patented to his father Captain William Smith, Gentleman, or
sometime before the Revolution the Wyatts had sold or mortgaged the land to
Cunningham & Company, merchants of Glasgow, Scotland. Whatever, for reasons
unknown, the land had not been confiscated by the Commonwealth after the
Declaration of Independence, as most British held land had been, and Cunningham
& Company here sold the two tracts as a package to Francis Meriwether, an
aristocrat who had a plantation up East North East River well west of the New
Market land. The Wyatts ended up with a comparatively few acres which they had
to buy from Meriwether (see below).
10Jul1787 - BOND & MORTGAGE EXCHANGE: James Crawford, Sr., Waller Lewis, John
Waller, Benjamin Waller, John Long, Anna Wyatt, Theophilus Wyatt, Roxana Wyatt,
of one part, and Thomas Towles, Gentleman, of the other part: Whereas Francis
Meriwether purchased of Messrs. Cunningham & Company, Merchants, before the late
war with Great Britain began, a certain tract of land in Spotsylvania County called New
Market, containing 720 acres, and the said Meriwether sold 316 acres thereof with the
dwelling house to the said Thomas Towles, giving bond for the conveyance of same,
and the said Towles by verbal contract sold the same to Fielding Woodroof, who by
verbal contract sold the same to Nicholas Lewis, the said Lewis becoming responsible
to Towles for payment for the property, and the said Lewis having divided and sold the
tract out in parcels, and the said land has been so transferred in a verbal way that the
said Towles has become apprehensive of danger in case he should deliver up
Meriwether’s bond, NOW to indemnify said Towles from any future troubles in
consideration of said Towles delivering up Meriwether’s bond to them, each of the
parties of the First Part give Towles a mortgage on their respective lots to be delivered
up to him if any legal claim on said lots should be sustained in a Court of Law ... /s/
424
James Crawford, Senr., Waller Lewis, Jno. Waller, Benj. Waller, John Long, Anna
Wyatt, Theophilus Wyatt, Roxanna Wyatt, Elizabeth Wyatt. Wit: Thomas Turner,
Thomas Cason, James Crawford, Jr., Jas. Davenport, Jr., Robt. Hackney.
(Spotsylvania County, VA, Deeds, L:365)
This deed explains the rationale as to why the New Market Tract had not been
confiscated by the Commonwealth during the Revolution. Reportedly it had been
sold to Meriwether, but had not been deeded. That there had been little knowledge
of Meriwether’s ownership was demonstrated by the fact that Thomas Towles, an
attorney had treated the land as his own and sold off parcels of the tract. Here, all
those who had bought from Towles joined him in trying to save the situation when
Meriwether obtained a valid title from Cunningham & Company after the War. It
was a matter of clearing titles to land that had been clouded by the Revolution,
wherein the Commonwealth confiscated lands owned by all British subjects. This
tract included the 380 acres, resurveyed for 320 acres, that John Davenport had
mortgaged to the Glasgow merchants in 1767 in order to extricate himself from the
large debt he had incurred. If Thomas Towles, attorney, had obtained 316 acres of
the tract, which he sold by verbal contracts--a fundamental violation of English
Common Law, and Towles having been an attorney–then we might suspect that
Meriwether, an aristocrat of considerable family wealth and prestige, and Towles
collaborated in appropriating the New Market Tract to their own use, given the
vagaries of Commonwealth confiscations. Witness James Davenport, Jr., here
was most likely the son of William of Spotsylvania, son of Martin, Sr. Witness
Robert Hackney was the son-in-law of Martin Davenport, son of William. Given
that both James, Jr., and Hackney both were residents of Arnold’s Run plantations,
we can assume that this deed was signed at or near New Market House.
23Jul1787 – DEED: Francis Meriwether, wife Mary, to Benjamin Waller, Sr., all of
Spotsylvania County, for £190 Virginia currency, 384 acres in Spotsylvania County,
part of a tract called New Market [purchased on Walter Colquhoun, agent for
Cunningham & Company], beginning at three maples in a branch, a corner with
Wilkinson, thence adjoining George Woodroof, Waller Lewis, near the Road, Wyatt,
and Thomas Turner… /s/ Francis Meriwether, Mary Meriwether. Wit: Waller Lewis,
Jno Waller, Jas. Crawford, Joel Parrish, Theo. Wyatt, Jno. Parrish. (Spotsylvania
County, VA, Deeds, L:323)
23Jul1787 – DEED: Francis Meriwether, wife Mary, to John Waller (Baptist), all of
Spotsylvania County, for £100 Virginia currency, 150 acres in Spotsylvania County,
part of a tract called New Market [purchased of Walter Colquhoun, agent for
Cunningham & Company], adjoining William Wiglesworth, James Crawford,
Christopher Crawford’s old field, said Waller’s Meeting House , the Main Road… /s/
Francis Meriwether, Mary Meriwether. Wit: Waller Lewis, Jas. Crawford, Joel Parrish,
Theo. Wyatt, Jno. Parrish. (Spotsylvania County, VA, Deeds, L:323)
The grantee of this deed was the renown Baptist Minister John Waller.
Waller’s Church in 21st Century Spotsylvania is located on this tract. Waller
himself moved to South Carolina in 1792.
425
23Jul1787 – DEED: Francis Meriwether, wife Mary, to Waller Lewis, all of Spotsylvania
County, for £18 Virginia currency, 60 acres in Spotsylvania County, part of a tract
called New Market [purchased on Walter Colquhoun, agent for Cunningham &
Company]… /s/ Francis Meriwether, Mary Meriwether. Wit: Jno Waller, Benjamin
Waller, Theo. Wyatt, Jas. Crawford, Joel Parrish, Jno. Parrish. (Spotsylvania County,
VA, Deeds, L:325)
Witness John Parrish was the eldest son of Joel Parrish. The New Market tract
included all of the land that John Davenport, Sr., had lost to the British Merchants
in the 1760s. There apparently was an Over Plus, i.e., more acres in the tract than
had been patented, which accounts for there being more acreage in 1787 than there
had been in 1767.
23Jul1787 – DEED: Francis Meriwether, wife Mary, to Anna Wyatt, Theophilis Wyatt,
Roxanna Wyatt, and Elizabeth Wyatt, all of Spotsylvania County, for £60 Virginia
currency, 50 acres in Spotsylvania County, part of a tract called New Market
[purchased on Walter Colquhoun, agent for Cunningham & Company] including the
house and four acres on the North side and forty-six acres being on the South side of
the Road, near Waller Lewis’ blacksmith shop, adjoining said Lewis, Thomas Turner,
Shirley’s Fork road, James Crawford . /s/ Francis Meriwether, [No wife signs]. Wit:
Waller Lewis, Jno Waller, Jas. Crawford, Benjamin Waller, Joel Parrish, Jno. Parrish.
(Spotsylvania County, VA, Deeds, L:380)
23Jul1787 – DEED: Francis Meriwether, wife Mary, to James Crawford, Jr., all of
Spotsylvania County, for £30 Virginia currency, 70 acres in Spotsylvania County, part
of a tract called New Market [purchased on Walter Colquhoun, agent for Cunningham
& Company], adjoining the fork in the Road below New Market House on the Main
Road to Chesterfield, adjoining John Waller, said Crawford, John Shurley… /s/ Francis
Meriwether, [No wife signs]. Wit: Waller Lewis, Benjamin Waller, Jno Waller, Joel
Parrish, Theo. Wyatt, Jno. Parrish. (Spotsylvania County, VA, Deeds, L:388)
This was John Lewis, Attorney, the same who had negotiated David
Davenport out of Debtor’s Prison and represented the Davenports in many
matters. He was a grandson of Colonel John Waller, Sr. The payment to George
Woodroof is enigmatic, for George Woodroof, Sr., had died sixteen years earlier,
426
George Woodroof, Jr., had been gone from Spotsylvania for at least thirty-five
years, and no George had appeared among the Woodroofs inhabiting
Spotsylvania during the 1780s.
2Dec1788 – Probate: Estate of James Edwards, late of Spotsylvania County, Decd. Last
Will & Testament of Decedent proved by oaths of witnesses thereto. On motion of John
Waller and Benjamin Waller, two of the executors named therein, who qualified with
John Woolfolk, Joel Parrish, and William Wiglesworth, their securities, gave bond for
£3,000. John Graves, the other executor named, came into Court and refused to take
upon himself the said execution. (Spotsylvania County, VA, Court Orders 1787-1792,
201)
14Jul1789 - DEED: Joel Parrish to William Arnold, both of Spotsylvania County, for £50
Virginia, 107 acres in Spotsylvania County on the North side of the Road that leads
from New Market to Davenport Ford, adjoining Peter Minor, Thomas Minor. /s/ Joel
Parrish. Wit: John Waller, Benjamin Waller, Absalom Waller, Aylett Waller.
(Spotsylvania County, VA, Deeds, M:214)
This was the last lifetime appearance of Joel Parrish in Spotsylvania land
records. He obviously had become a close associate of the Wallers.
4Nov1789 – SECURITY: For two suits by Pottie & Dick vs. William Arnold in Debt, Joel
Parrish came into Court and became Special Bail for Arnold. (Spotsylvania County,
VA, Court Orders 1787-1792, 323)
Pottie & Dick was a merchant firm that had stores in both Spotsylvania and
Louisa. Archibald Dick, formerly an Anglican minister, operated the Spotsylvania
store. George Pottie operated the Louisa store.
6Mar1790 – DEED: Thomas Turner, wife Susanna, and Benoni Woodroof, wife Eliza, to
Larkin Luck, all of Spotsylvania County, for £50, 100 acres in Spotsyl-vania County, on
the west side of the road adjoining Sharp, Benoni Woodroof, Smith, the Spring
branch… /s/ Thomas Turner, Benony Woodroof , Susanna Turner, Elizabeth
Woodroof. Wit: George Wilkerson, Thomas Turner [sic], Clark Mooman.
(Spotsylvania County, VA, Deeds, M:247)
6Apr1790 – PROBATE: Estate of John Partlow, late of Spotsylvania County, Decd. The
Last Will & Testament of the Decedent was proved by two witnesses thereto. Sarah
Partlow, Lewis Partlow, Benjamin Waller, and Thomas Minor, executors therein
named, qualified, giving performance bond with their security Jonathan Clarke for
£2,000. Ordered that Waller Lewis, Pomfrett Waller, Martin Davenport, and Joel
Parrish, or any three, do appraise in current money the slaves, if any, and personal
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property of the Decedent, and return a report thereof to Court… (Spotsylvania County,
VA, Court Orders 1787-1792, 374)
PUBLIC SALE
John Davenport, one cow , 179 pounds of fodder, £3/10/o
Reuben Arnold, 1 box, 2/6
William Arnold, rent of plantation, £18/10/0
BONDS PAID
Thomas Eades, £7/13/0
This was Martin of William, Sr., increasing his acreage. The land was on
Arnold’s Run.
21Apr1791 - LAST WILL & TESTAMENT: Joel Parrish of Spotsylvania County, made this
date; probated 6Dec1791. Named: daughter Mildred Jones; her husband William
Jones; son-in-law Christopher Terrel; daughter Sarah Ellis; sons Joel and Henry
Parrish; son Timothy and his wife Mary, “heretofore given 100 acres of land which he
sold to Martin Davenport”; daughter Mary Hooper; son James Parrish; son John
Parrish. Executors: son John Parrish, Benjamin Waller. Wit: Thomas Minor, William
Buchanan, and John Whitlock. (Spotsylvania County, VA, Wills, E:1123)
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Parrish’s will gives no indication of a Davenport, Arnold, or Woodroof
relationship even though fifty years of close records associations would lead a
genealogist to so deduce. No marriages of Davenports, Arnolds, or Woodroofs
with Parrishes have been found.
Witness Joseph Davenport was the eldest son of Richard, Sr., of Albemarle.
David Woodroof identification is unresolved. Joseph Davenport had left the North
Anna Davenport group with his father forty or so years earlier. Considerable
family tree data for the Woodroofs of Amherst appears in the Ancestry.com data
base. No associations of the Davenports of Richard, Sr., and the family of George
Woodroof has heretofore been noted. A statement that may change when the
Limbo DNA enigma is resolved.
6Sep1791 – ROAD ORDER: Martin Davenport appointed Overseer of the road from
Davenport’s Ford to New Market, in room of James Mason, and it is ordered that the
hands on the south side of the path leading from Joel Parrish’s to Jonathan Clarke’s
and between Arnold’s Run and Horsepen Run do serve under the said Martin, and that
the remainder of the hands who worked under the former Overseer to serve under
Edmund Clarke, the Overseer from the County Line to Hill’s Mill. (Spotsylvania
County, VA, Court Orders 1787-1792, 595)
--Apr1793 – Voters: Among those voting in the Election for Two Delegates from
Spotsylvania County to the Virginia General Assembly were:
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(Spotsylvania County, VA, Deeds, O:90)
Each voter had two votes, presumably one for each candidate choice.
Occasionally, both votes would be cast for the same candidate.
12Sep1793 – LAST WILL & TESTAMENT: Richard Woodroof, of Spotsylvania County, made
this date [no date indicated]; probated 12Sep1793. [A will that was essentially three
deeds of land, to wit:]
“Whereas I have sold to Benjamin Waller, Sr., four and one-ninth acres of land
lying between my road leading towards New Market and the Spring branch, and
have received the consideration , I do hereby give and devise in fee simple rights and
estate of the same unto him and his heirs.
“Whereas I have sold to Waller Lewis all that part of my land lying on the
northeast side of Arnold’s Run, containing fourteen acres and have received the
consideration , I do hereby give and devise in fee simple rights and estate of the same
unto him and his heirs.
------1794 – [Year date only] Voters for two delegates from Spotsylvania County to the
General Assembly included:
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William Davenport, Sr., and his son James, qualified freeholders, did not vote.
--Nov1794 – SECURITY: In the matter of Mary Ann Blaydes, guardian of Nancy Blaydes,
vs. Thomas Brannan and Thomas Davenport in Debt, John Parrish came into Court
and became Special Bail for Defendants. (Spotsylvania County, VA, Executions &
Judgments 1792-1795, 375)
5Apr1795 – TRIALS SET: Actions for collection of debts filed by Towles & Smith,
Merchants, set for trial at August Court included a suit each against James Davenport,
William Davenport, Arnold, and Parrish. (Spotsylvania County, VA, Court Minutes
1792-1795, npn)
2Apr1797 – GIFT DEED: Benjamin Waller, wife Jean, to son Absolom Waller, all of
Spotsylvania County, for love and affection and 5 Shillings, 124 acres in Spotsylvania
County on the Main Road from New Market to Davenport Ford, adjoining said
Benjamin Waller, Waller Lewis, Richard Woodroof, Decd., John Parrish… /s/ Benjn
Waller, Jean Waller. Wit: Ay Waller, Jon Waller, Curtis Waller. (Spotsylvania
County, VA, Deeds, O:478)
This was John, eldest son of Joel Parrish, selling the manor plantation
preparatory to moving elsewhere.
431
1Sep1801 – PROBATE: Estate of Nicholas Lewis, late of Spotsylvania County, Decd. In
the settlement of Estate with Thomas Towles, executor, John Herndon, Edward
Herndon, and John M. Herndon, appointed by the Court, audited and approved the
following selected items, among a great many others:
PAYMENTS MADE
Polly Davenport, £1/11/6
David Woodroof, £6/5/0
Davenport, Witness fee, £4/12/8
James Davenport, £1/11
William Davenport, 19/
Graves Executors, £18/13/3
Thomas Davenport, £9/5/11
Martin Davenport, £3/12/0
Attorney fee vs. Woodroof,
Attorney fee vs. Davenport
James Davenport,£3/14/8
Thomas Davenport, witness fee,
John Minor, attorney, £1/4
Pomfrett Waller, £5
CASH RECEIPTS
Martin Davenport, Negro woman, £25
Thomas Minor, Negro girl Lucy, £62
ITEMS UNCOLLECTED
Fielding Woodroof, Judgment
Lewis had died in 1783. The items cited were transacted at various times in
the 18-year interim between probate and settlement. The Fielding Woodroof detail
surely appears in the Spotsylvania Court records.
1Jan1802 - DEED: Benjamin Rucker to Spotswood Garland, both of Amherst County, for
£423, 470 acres in Amherst County on the south branches of Rutledge, adjoining
Henry Gilbert, Benjamin Miles, Parks Road, Migginson Road, Henry Gilbert ... /s/
Benj. Rucker. Wit: Jno. McDaniel, Thos. Woodroof, Chas. Christian, Jos. Davenport,
B. Stone. (Amherst County, VA, Deeds, I:356)
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26Mar1807 - RELINQUISHMENT OF INTEREST: William Davenport to Robert and Thomas
Wingfield, all of Amherst County, for said Davenport’s love for his children: Nancy H.
Davenport, Mahala Davenport, Sally Davenport, Achilles Davenport, and Willis
Davenport by his wife Elizabeth, who has lately departed this life, and 10 Shillings, all
of said of William’s claim and interest of his late wife’s interest in the estate of her
father Nathan Wingfield, Decd.--to be distributed at the death of said Nathan’s widow
Ann Wingfield, mother of said Elizabeth--for the benefit of said children until age 21
or married ... /s/ Wm. Davenport, Robert Wingfield, Thomas Wingfield Wit: S.
Garland, Chas. Davenport, Thomas Woodroof, Jas. B. Edwards. (Amherst County, VA,
Deeds, K:574)
William was the son of Joseph of Richard, Sr. The beneficiaries were all great-
great grandchildren of Richard, Sr., of Albemarle. No family data nor lineages of
any of these children have been encountered in Pamunkey Davenport research to
date. Both sons Achilles and Willis appear to have died unmarried, without issue.
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