||E White |
- Three Jeremiahs there would make sense. The last one was in 1895 and by my plot,the cemetery is on the parcel awarded John in the 1779 division and he was the son of one Jeremiah and father of the other.
On Sun, Dec 2, 2012 at 5:22 PM, Kathie Pearson wrote:
I did not realize you had Benedict as the oldest son of Benedict...guess I missed that.
I don't have a copy of the will for Robert Sr. either. I have always noted that Robert Sr. inherited the land in Northumberland and Richmond. You are probably correct in Benedict Jr. receiving most of the Middleton property that Benedict Sr. held in Westmoreland Co. It would be interesting to read the will of Benedict Sr. Nice that you have easy access to these records. The ones that I have I ordered on microfilm from LDS....sometimes not easy to read.
The Rogers land was of importance to sorting out where the Middleton's were located.
The cousin the went to Westmoreland Co. mentioned a Middleton cemetery with three Jeremiah's. I am going to have to look back and see what she said about that.
There is one part of the Rust document that I believe is incorrect and it is in regards to the Jeremiah. I need to reread to remember what she stated. The Jeremiah's have always been confused, due to the fact that several researchers did not know about the Jeremiah that was the son of John and Ann Claughton Middleton.
--- On Sun, 12/2/12, Edward White wrote:
From: Edward White
To: "Kathie Pearson"
Date: Sunday, December 2, 2012, 11:36 AM
The Rust document is very interesting. When I did this thing, I decided not to use secondary sources until after I had looked at the primary sources. I was pleased to see that he and I concurred on so much.
The I got to page 4 and saw where he said that Robert was the eldest son of Bend (1). Then on page 5 where he says William's estate passed to his eldest brother Robert and was referred to in Robert's will of 1773. I said WHAA? I looked all over and do not have that will nor have I seen it. Needless to say, tomorrow morning I will be in the courthouse. It is not in Augusta Fothergill's book on Westmoreland wills. That is not a huge surprise. She did miss some and mangled some others. She is huge on featherbeds and simply says "land", also no citations.
That will makes a huge change in the property. I had most of it going to Benedict (2). He did have about 520 acres if I read that confusing 1837 case correctly. His widow Hannah had 500 as late as 1804 even though she was dead.
I am about starting from scratch.
The huge item the article missed is the sale of half the patent to William Shoares. That is in both the deed and order books. I am re-tracing that land back into the Middletons.
A new local cemetery book, and the author, say that the cemetery marked on the topo map is Middleton. Only legible stone is Jeremiah, husband of Nancy Harrison. When I ran some land north of there, I found a very modern survey with another small cemetery. Should be in William's land of 1719. Finding it would be brutal.
Attached is the will of Robert, d. 1773. You have to do a cut and paste on page 2. I looked in the three sets of indexes and did not find it, then went page by page through the books and still no luck. Clerk suggested I try one I normally look at. The title Is Westmoreland County Deeds 1706-1804, Wills 1755-1800. This is a bound set of papers which were loose in the clerk's office at one time. What is unique is that what you are seeing is a copy of the original will, not a clerk's transcription. It appears to have been probated. I was surprised to see a printed form in use here in 1773. Whoever wrote that Rust-Middleton document knew his/her way around the clerk's office. Those documents may have been loose then.
The will answers a host of land questions.
Another find was #37-1 in the same source. Will of Benjamin Middleton, dated Dec. 7, 1790.
To Robert, son of William Middleton and grandson of Fleet Cox, Sr., all my whole immovable estate. To him and the heirs of his body. John Middleton is the contingent beneficiary of the grandson of the above named Middleton and Fleet Cox.
No indication of probate. All I had on this one was a 1763 Fairfax deed.
I did not copy Old John's will as the book is coming apart and too fragile. It will be sent out soon to be re-bound.
More later when I can digest a couple of hours of work.
- ____________________________________________________________JOHN GRAHAM and THOMAS PLUMMER, in the Superior Court for the District of Richmond, Westmoreland, Lancaster and Northumberland Counties. Orders, Deeds, etc. Northumberland District Court, 395, 2/15/1805. ? . . . in consideration of Mary, the wife of said John [Graham] having this day voluntarily relinqsh?d her rights to a moiety of a tract of land devised to her by her deceased father Captain William Middleton to her sister Eliza Monroe and for and in consideration of the sum of one dollar to her in hand paid by Thomas Plummer, Esq. does bargain and sell unto said Thomas the following negro slaves . . . upon special trust that said John during his life enjoy the benefit of their labor . . .? On his death the slaves revert to Mary. Witness Jo Jo Monroe, John Middleton, William Middleton, Charles R. Thompson.
MARY [Mary Fleet Middleton, d. of Capt. William] IS NOW OUT OF THE LAND. WENT TO ELIZABETH COX MONROE.
In the Superior Court for the District of Richmond, Westmoreland, Lancaster and Northumberland Counties. Orders, Deeds, etc. Northumberland District Court, 434, 7/10/1805, 9/4/1805 JAMES J. & ELIZABETH MONROE of Northumberland Co. to PETER PRESLEY [PETER P. in most places in deed] COX [son of Fleet, Sr.] of Westmoreland Co. Elizabeth as one of two daughters and devisees. [of Capt. William Middleton] $1000. 300 acres STONY HILL ?being described to be all the land which aforesaid Capt. William Middleton, dec. died by his last will and testament devised to his two daughters Elizabeth and Mary Fleet? Bounded on the west by the road from Kinsale to Richmond County; adjacent to the land of Fleet Cox, dec. and William Wright, on the north and by the east . . . Fleet Cox, dec and the east by the lands of the aforesaid Peter P. Cox south by Tr+++ King and Nathaniel Oldham.
The 300 acres is way too large. Later it was said to be 100. Stony Hill was the old arrow shaped land at the north end of the patent. It is the land Robert sold in 1686 and which Robert, his grandson, retrieved in 1761. At lease I know how the land got to the Cox family.
LAND OF WILLIAM AND THOMAS MIDDLETON
I think I have part of this sorted out. In the 1779 Division, they jointly received 94 acres m/l. It plots perfectly including the creek branch. In 1795 this occurred:
WD 19-110, 1/1/1795, 8/24/1795. THOMAS (2) [son of Thos (1)] & JUDITH MIDDLETON to NATHANIEL OLDHAM
£10cm 12 acres. Begin at a cedar at the division line of Oldham
1. To head of a branch
2. Down the branch to a gum in the middle of a branch that runs into this branch.
3. Up the aforesaid branch North to Fleet Cox
4. West to the land Oldham now possesses
5. South to the beginning
OUT OF THE 1/8-1/4 SHARE
WD 19-112, 7/29/1795, 8/24/1795. THOMAS & JUDITH MIDDLETON to JOHN [son?] MIDDLETON 25 acres. Courses swamp and trees only, plus straight course to land of Nathaniel Oldham.
I think these came out of the 94 acres, leaving 57 somewhere. I would guess that Jeremiah (2) Middleton got it.
Now to ?Middletons.? It appears in the Cox family as I thought it would. Enclosed is a title abstract on it. In 1794 William sold 75 acres to Fleet Cox, Jr. In 1796 Thomas sold 50 to Cox. In 1817 the Thomas? and William?s sales were mentioned in a deed from Fleet, Jr.?s daughters to Presley Cox. In the 1840 division of Presley?s land there were 120 acres called Middletons, which follow on out in 1863.
The abstract of title is good for Thomas, but has a gap for William?s 75 acres.
Thomas? part came from his father, Thomas, who got a deed from Manley Brown in 1723. The location and adjoining landowners work out. This land was NOT in the old Middleton patent as I have now decided. It was in Francis Clay?s grant to the north. After days of work I finally realized that the line of the 1779 division was the old Middleton line after all. It actually plots much better. Moving it as I did added a huge amount of land to Clay which bothered me. Clay was granted 1480 acres and my new plot showed 1968 acres. Then I counted up the sales and transfers out of Clay?s patented 1480 acres and got well over 2000. The 1480 was just wrong which was not unusual. My revised Middleton land is 1555 vice 1665 which is not worrisome.
The sales by William and Thomas in 1794 and 1796 mention bounding on Fleet Cox. By that time father and son Fleet had grabbed nearly all of the Clay patent, and this was simply the rest. I am working on the Cox family now and was astounded to see that in 1819 they owned 6700 acres here.
As for the map, I have placed William?s 75 acres east of Thomas, since it bordered Walker. Walker is placed from the 1779 survey and other Walker lands. Thomas was to the west and bordered Oldham. The other odd chunk stayed in the Brown family for years. It was mentioned in 1779 and in 1728. This is my chimney location.
LAND OF CAPTAIN WILLIAM MIDDLETON
This has really bothered me. Over 1000 acres came to him eventually from Robert, his father. Tracing it out of William looked like a brick wall. I then saw that Fleet Cox left his daughter, Molly (Capt. William?s wife) some land called Bruces. That came up later in an 1840 Cox division and it plotted perfectly on the Clay land next to Middleton on the north. I knew that 100 acres had been sold to William Middleton, Robert?s brother, which passed to Robert and then Capt. William. Yesterday I found the key deed:
WD 19-203, 5/27/1796, 8/22/1796. THOMAS & MOLLY PLUMMER, (Molly was Molly Middleton) [in deed] to PETER P. COX ?may be 100 acres? ?land known by name of Charles Bruces land? described. Deed says it was in the 1791 will of Fleet Cox and willed to Molly. Dower relinquished.
I knew all along that Molly married Plummer after Capt. William died. This took care of her land.
The Cox-Middleton interplay via Molly is amazing. In 1762, as Molly Cox and called ?cousin? in the will of her uncle Peter Presley Cox, she received something in personal property. She was a contingent heir of William Cox in 1781. William Cox was her uncle. She was Middleton by then. Captain William was his executor. Col. William was a contingent beneficiary in Presley Cox? will of 1824 and a trustee of Downing Cox? children in 1827.
The other land of Capt. William is more difficult, but Peter P. Cox, Fleet?s son bought land from Thomas Plummer, Trustee for Elizabeth Glascock, who was Capt. William?s daughter. I think what happened was that the shares mentioned in Capt. William?s will: To Daughters Elizabeth and Mary Fleet Middleton land adjoining Mr. Fleet Cox Sr. to be equally divided. This looks like it went into a trust and then to the Cox family.
Hannah?s share under the will seems to have gone to Col. William, though it is not clear.
FRANCIS CLAY grant
HENRY & ANN CLAY ROSS to MANLEY BROWN Set out in WD 8-2, 1723 100 acres
MANLEY BROWN to sons Manley and Charles Set out in WD 8-2, 1723
WD 8-2, 1723 MANLEY (2) BROWN to THOMAS MIDDLETON 50 acres Beginning upon the Land of FRANCIS SELF & the Land of MIDDLETONs & upon a Branch that last line on (this page is torn off) [ Self owned adjacent land until 1727 when it went to Jeremiah Rust. Branch is on south. John Middleton land also on south. Tree: Manley (2) was uncle on Leasure Brown, wife of Thomas Middleton.
Unknown date. Thomas dies and has sons THOMAS (2) & WILLIAM
IN TO WILLIAM THERE IS A GAP Had to have come from Walker or Self to Thomas (1) Middleton, or maybe much later to William.
WD 19-73, 10/10/1794, 10/28/1794. WILLIAM (Son of Thos) & ELIZABETH [Landman] MIDDLETON to FLEET COX, JR. 75 acres less a 30 foot square burial place for Middleton, his wife and heirs. Bounded by Wm. Garner, Edmund Walker, John Middleton?s heirs, Jemima Middleton, John Middleton?s heirs [second set] and lands of Thomas Middleton.
WD 19-166, 3/16/1796, 4/25/1796. THOMAS & JUDITH MIDDLETON h&w to FLEET COX [Jr.]
50 Acres where Middleton lives. Bounded by William P. Garner, William Middleton, dec., John, son of this Thomas Middleton, Nathaniel Oldham. Also bounded on land Oldham purchased of Middleton and land of Fleet Cox which he purchased of Mr. Middleton. [1794 from William.]
NOT ON WALKER THEREFORE ON VINCENT BROWN & THEREFORE WEST OF WILLIAM?S 75 ACRES
WD 20-8, 1799 Will of FLEET COX, JR. [data in deed 23-520, 1817] to SALLY and MARY COX, daughters. [The two tracts William?s 75 and Thomas? 50 are named in the deed as passing by will.]
WD 23-520, 1817 DANIEL & SALLY [Cox] PAYNE and MARY COX to PRESLEY COX 50 acres Fleet, Jr. bought from Thomas Middleton and 75 Fleet, Jr. bought from William Middleton.
WD 30-264, 5/25/1840 Division of land of (Peter) PRESLEY COX d. 1824 (son of Fleet (2) Middletons 120.1-21 acres to SARAH COX
WD 36-271, 2/21/1863?, 10/16/1863? THOMAS & SARAH [COX] BROWN to JOHN W. KING. All right, title & interest in 120 acres known as Middletons Survey 1839 not rec. No warranty of boundaries or acreage.