Colonial Williamsburg Digital Library

^{obsolete
ca. 1945}

Since the Benjamin Waller lot lies in James City County, the records of which have been destroyed, there are no available deeds of the eighteenth and early nineteenth century to this property. The earliest evidence that Benjamin Waller owned property on the site in question is a map made by William Waller, a brother of Benjamin¹, in April, 1749. Since Benjamin Waller had thirteen children (William and Mary Quarterly, First Series, XIII, 175-177) and many other descendants, it is fortunate that the 1749 map marks the lot in question very definitely with his full name: "Mr Benjamin Wallers Lot." A large tract of land to the east of the lot is marked "Mr Wallers Pasture &c." The two lots west of the Waller lot are marked "Col Thomas Brays 2 Lotts."

Perhaps fortunately for himself but unfortunately for the writer of a house history, Benjamin Waller's name is mentioned in at least eighty separate records of York County. He must have been one of the big real estate men of his day, for he was constantly buying and selling property.

Born in 1716, Benjamin Waller¹ was Recorder and one of the Feoffees or Trustees of Williamsburg in 1748 (Deed Book V, 257). He was evidently an important man in Williamsburg. As attorney, executor, signer of treasury notes, member of various committees as well as of the House of Burgesses, judge of the Court of Admiralty, his name appears often in the records of eighteenth-century Williamsburg.

With the available records, it is impossible to say at what date Benjamin Waller built a house on the lot in question. At this point, the only statement that can be made with certainty is that in 1749, the lot belonged to Mr. Benjamin Waller. Since the William Waller map definitely marks a large space as pasture, and marks the usual oblong space as "lot," it seems that one is justified in assuming that the word "lot"² implies that the space was set aside for the dwelling-house of Mr. Waller, whether or not a building was on it as early as 1749.

In 1753, there was a long and complicated act in Hening's Statutes, entitled An Act for establishing an agreement made between Philip Johnson, and William Armistead, gentlemen (Hening, VI, 412-416), which is given in full as Illustration #1 in the Appendix to this report. Because of its references to the location of Benjamin Waller's Francis street property, the act from Hening has been abstracted as follows:

(November, 1753)

David Bray, senior, owned four lots in Williamsburg, and lands in James City County and Charles City County.

3

He left all his lands to his son, David Bray, junior, if the son should attain the age of twenty-one years and have issue of his body. In case the son died without issue, the lands were to go to the brother of David Bray, senior, who was James Bray. The land was to descend in the male line. If James Bray had no male heirs, the land was to be divided between the heirs of James Bray and the heir of his late sister, Ann Ingles.

After the death of David Bray, senior, David Bray, junior, took possession of the lands, and died in possession of them, without issue.

James Bray died, leaving Thomas Bray, his eldest son, who took possession of the lands and died without a male heir.

Thomas Bray's daughter, Elizabeth, married Philip Johnson. Thomas Bray in his will of May 7, 1751, devised one moiety of the lands to Benjamin Waller and William Prentis, in trust.

Judith Bray Ingles (married to William Armistead) was heir of Ann Ingles, and, therefore, entitled to the other moiety of the lands of David Bray, senior.

In a chancery suit on October 11, 1752, between Philip Johnson, plaintiff, and Benjamin Waller and William Prentis, defendants, it was decreed that Waller and Prentis should Convey to John Robinson all the property devised to them by Thomas Bray, in trust for Philip Johnson and the heirs of his wife [with certain stipulations].

Because the value of the land would be diminished by partition, the parties have agreed thus: that William Armistead and Judith Bray, his wife, shall have Nance's Neck and two of the lots on Francis Street (adjoining the lots of Dudley Digges and James Spiers); and that the other two lots on Francis Street (between the lots of Benjamin Harrison and Benjamin Waller) and the land in James City County shall be held in trust by John Robinson; and that William Armistead shall pay Robinson £390 because the land called Nance's Neck is more valuable than the James City County land.

II. It is enacted that Nance's Neck and the two Francis Street lots (adjoining the lots of Dudley Digges and James Spiers) belong to William Armistead and Judith Bray, his wife; and that the James City County lands and the two Francis Street lots (between the lots of Benjamin Harrison and Benjamin Waller) are to be held by John Robinson in the same way as the land and slaves that Waller and Prentis have already conveyed to him.

This act not only mentions Benjamin Waller's property on Francis Street, but also helps to explain how Mr. Waller's neighbors changed from Bray to Johnson. Since there are no deeds for the Waller property, it is necessary to make use of every possible hint or clue in order to construct any kind of chain of title. We know, then, that in 1749, Benjamin Waller's lot had Colonel Bray's lots as the western boundary. We also know that in 1753, Colonel Bray's lots that bordered on Waller's, passed into the hands of John Robinson, in trust for Philip Johnson. The importance of this fact will be seen later in this report.

In March, 1756, another act recorded in Hening's Statutes decrees that "the lands laid out…by the said Benjamin Waller, into lots adjoining [the east end of] the said city [Williamsburg], so soon as the same shall be built upon and saved according to the condition of the deeds of conveyance, shall be added to, and made part of the said city of Williamsburg…" (Hening's Statutes, VII, 54. This act is given in its entirety on page 4 of the Waller summary which appears as Illustration #2 in the Appendix of this report.) These lots are evidently the ones that are shown on William Waller's map of 1749.

In February, 1759,¹ in an act describing the addition of Matthew Moody's land to the city of Williamsburg, there is another reference to Benjamin Waller's land; "...and Benjamin Waller hath also laid off a parcel of his land, in the county of James City, bounded westwardly by the eastern bounds of the said city, northwardly by the road leading to York town, eastwardly by the lots heretofore laid off by the said Benjamin Waller, and 5 southwardly by the land of Philip Johnson, into lots." (Hening, Statutes, VII, 316. This act is given in its entirety on pages 5-6 of the Waller summary which appears as Illustration #2 in the Appendix of this report.)

In November, 1769, in An act to vest certain lands whereof John Robinson, esquire, died seized in trust for Philip Johnson, gentleman, and his children, in trustees, for the purposes therein mentioned, (Hening, Statutes, VIII, 460-464) the Johnson lots on Francis Street are spoken of as "situate between the lots of William Pasteur and Benjamin Waller." The act provided that the trustees could sell the lands that Robinson had held in trust for Philip Johnson.¹

So far, the only important things that emerge as facts are that Benjamin Waller did own the Francis Street lot as early as 1749, and that the owner of the lots west of his property changed from Colonel Bray to Philip Johnson. When did Waller build his house? This is a question that cannot be answered at present,² but his house was well enough known to be used as a sort of landmark in 1768,³ when an advertisement announced the sale of "THE DWELLING-HOUSE and LOT where Mrs. Steel formerly lived, very near to Mr. Waller's..."⁴ (Virginia Gazette, Purdie and Dixon, December 15, 1768, page 3, column 1)

At about this time, the James City County tax lists for the years 1768-1769 (Photostatic copy in Research Department) carry the following data on Benjamin Waller:

The 1768¹ advertisement proves nothing more than that Mr. Waller had a house; but a little more than two years later, a more definite clue to the exact location of the house is found in the following advertisement of Richard Hunt Singleton: "THE Subscriber begs Leave to acquaint the Gentlemen who favoured him with their Custom that he is now removed to Colonel Johnson's House, behind that of Mr. Waller..." (Virginia Gazette, Purdie and Dixon, editors; March 7, 1771, page 3, column 2)

If it is fair to interpret this advertisement in the light of the Frenchman's Map of some ten years later, the position of Colonel Johnson's house would correspond to that of Bassett Hall on the map. It might well be spoken of as "behind" the Waller House, as it appears on the 7 map (See Illustration #3, drawing from Frenchman's Map) and as it stands today.

On October 3, 1771 (page 3, column 2) the Virginia Gazette (Purdie and Dixon, editors) carried a notice that

...we propose to sell to the highest Bidders, on Thursday the 31st Instant, at four o'Clock in the Afternoon, before Mr. Southall's Door, in this City, the DWELLING-HOUSE, OUT-HOUSES, GARDEN, and PASTURE, where Colonel Philip Johnson formerly lived, now in the Tenure of Mr. Richard Hunt Singleton; also the Remainder of the same Tract of LAND adjoining the City of Williamsburg, with two LOTS on Francis Street, between the Lots of Mr. Waller and Doctor Pasteur; the Whole to be disposed of together, or in Parcels, as may best suit the Purchasers....

Further piling up of evidence that Mr. Waller's house was on the present site is found in an advertisement of October 12, 1775 (Virginia Gazette, John Pinkney, editor, page 2, column 1), in which the printer states that "He now lives in the house lately occupied by Mr. Joseph Kidd,¹ and almost opposite to Benjamin Waller's esquire."

The Frenchman's Map (c. 1782), already referred to, depicts the Waller House as an L-shaped structure, the long part of the L parallel to Francis Street, the foot of the L running south from the street, forming a wing to the house. (See Illustration #3.)

On March 5, 1783, Benjamin Waller deeded to his son, Benjamin Garter Waller, 96 acres in York County "on the East side of the Main Road leading from the said city [Williamsburg] to Queen Mary's Port." In the deed, there appears this interesting sentence:

All woods, ways, etc. excepting and always reserving unto the said Benjamin Waller during his natural 8 life, full and free license of cutting down and conveying away from any part of the said premises, such wood, timber and fencing stuff as he shall from time to time think necessary for his house and tenement in Williamsburg and his plantation in York County. (York County Records, Deed Book VI, 157)

The gathering together of small pieces of evidence, each one rather weak in itself, gradually gives strength to the theory that not long after the middle of the eighteenth century Benjamin Waller had a house on the most easterly lot on Francis Street, just before the street turns into York Road. Certainly it has been proved that Waller had a house in Williamsburg. There is no evidence that he had more than one dwelling house, though two "tenements" are spoken of, which it seems he rented to others. Nor has any evidence been found that he moved about in the city.

It therefore seems safe to assume that the accounts in Humphrey Harwood's Ledger, charged to Benjamin Waller, have to do with the house in question, although it is possible that Mr. Waller might have been paying for repairs to the tenement mentioned in the deed of 1783. The accounts themselves appear in the Appendix of this report as Illustration #4, but some analysis of them should be given here. In Ledger B, folio 1, there are charges for 1778 for lime, bricks, laying hearths, "Mending A back & plastering fierplace." Then the whole record is crossed out, as if to indicate an error. (This is indicated in the typewritten copy of the account in the Illustration.) In Ledger B, folio 10, for the year 1780, there are charges for lime, bricks, repairing an oven, and plastering. On the same folio, in 1783, there are charges for lime, hair, mending plastering, whitewashing two rooms, "whitewashing 3 Rooms & passage above & below stairs," "repairing Cellar wall," repairing [Ash?] House," 9 "repairing oven & back in kitchen Chimney...&..3 backs in House,". In 1785 (same folio), there is a charge for "Seting up a Still," etc. Also in 1785 (but on folio 77), there are charges for lime, brick, hair, repairing back and "harth" to chimney, 30" larths, "repairing" larthing" and plastering, etc.

Beyond this, the Waller accounts in Harwood's Ledger obviously refer to Benjamin Carter Waller, the son of Benjamin. In Ledger B, folio 78, an account for 1785 and 1786 is marked "M^r Benjamin Waller jun^r." After that,¹ Mr. Harwood simply listed his customer as "M^r Benjamin Waller" or "Benjamin Waller Esq^r"; but since Benjamin senior had died May 1, 1786 (William and Mary Quarterly, First Series, XIII, 143), the later accounts must be for his son. The fact that father and son were both called Benjamin complicates the picture. The younger Benjamin had a middle name, Carter, but it was not always used, as is apparent from the records.

No will of Benjamin Waller has been found. Lyon G. Tyler says the house passed from Benjamin Waller "to his son, Benjamin Carter Waller, and from ^{not correct
went to
Robt Hall Waller,
his youngest son him} it went to his son, William Waller, whose son, William, married Elizabeth Tyler, daughter of President John Tyler." (Tyler, Williamsburg, The Old Colonial Capital, 255)

However, just before 1791, it is evident that Benjamin Carter Waller was not living in the Waller House: 10

January 12, 1791

[This is known to mean Benjamin Carter Waller, not only because Benjamin senior died in 1786, but also because Benjamin C. was married to Catharine Page]

Waller, Benjamin Catharine, his wife
to
Crawley, Samuel
Consideration: 100 Pounds Current money of Virginia

The houses and lots whereon the said Benjamin Waller lately lived in the city of Williamsburg, County of York and bounded as follows: On the East by the street leading from the City of Williamsburg to the Capitol Landing, On the North by the lot of Robert Anderson, on the West by the lands of Robert Greenhow, and on the South by the lot of Sarah Stammers and the lots of Robey Coke, which said houses and lots were sold to the said Benjamin Waller by Sarah Deforrest. And all houses. (York County Records Deed Book VI, 457)

Nor was Benjamin C. living in his father's house later in 1791:

October 1, 1791

Robertson, Patrick
Catherine, his wife
to
Waller, Benjamin Carter

Two pieces, parcels or lots of ground lying and being in the city of Williamsburg, Parish of Bruton, County of York, being the same lots whereon the said Benjamin Carter Waller now lives, and which were sold and conveyed unto the said Patrick Robertson by Zachariah Rowland and Peggy, his wife, July 6, 1786, and bounded as follows: Beginning at the Southwest corner of Waller Street, thence down the street leading to Queen Mary's Port 10 poles, thence South 89 degrees and a half East 15 poles, thence South ½ degree, West 10 poles to Wallers Street, thence up the said street 15 poles to the beginning, and denoted in the plan of the said city by the figures 19 and 43.

All houses, buildings.

(York County Records Deed Book VII, 44)

Thus it may be said with certainty that at some time before January 12, 1791, Benjamin Carter Waller lived on a lot on the Capitol Landing Road, He sold that lot in January, and in October he bought lots 19 and 43.¹ He was living on those lots at the time he bought them.

Perhaps the tradition that the land descended from Benjamin² to his son Benjamin Carter has grown simply because Benjamin Carter was the father of William. It will be shown that the property was known to be in the hands of Robert Page Waller in the nineteenth century. Robert Page Waller stated that he had bought it from William. In his will, dated October 17, 1820, after mentioning several specific bequests, Benjamin Carter Waller left the remainder of his estate "to my sons William and Robert Page Waller, to be divided equally between them." William and Robert Page Waller were also made the executors. (York County Records, Will Book X, 371)

The fact that William and Robert Page were heirs of their father might seem to lend strength to the belief that they had inherited from him the house of their grandfather. But the evidence seems to point rather to the fact that their uncle, Robert Hall Waller, another child of Benjamin's, either inherited the house from Benjamin senior or lived in it at some time after his father's death.³

Looking at the map of Williamsburg which belongs to the College 12 of William and Mary¹ we find no name at all on the lot on which the Waller House stands. The large space just east of the lot is marked "B. Waller." Tyler's plat of Williamsburg (a copy made of the map at the College and dated 1790) has the name "WALLER" on the lot, and the space to the east is marked "R. WALLER'S LOTS." The Bucktrout-Lively Map (1867) shows R. Waller's name on both the lot and the large tract to the east of the lot. The picture is further complicated by the thought that by 1867 the Bucktrout-Lively "R. Waller" probably refers to Robert Page Waller rather than to Robert Hall Waller.

It has been shown that Benjamin Carter Waller did not live in the Benjamin Waller House in 1791. In an insurance policy for the Semple House, dated July 20, 1801, the Semple property is described as "between the House of Robert H: Waller² and that of Benj: Bucktrout." (Insurance book, page 48, Research Department) In the Revaluation of the Semple policy dated June 11, 1806, the Semple property is described as "between Lott of Benjamin Bucktrout W and the Lott of Burwell Bassett East." (Insurance book, page 49, Research Department) The apparent discrepancy in the two descriptions of the same property may be found in the fact that the first refers to houses and the second to lots. Since Bassett Hall stood so far back from the road, it would be natural for the Waller house to be spoken 13 of as the one on the east, although Bassett lots intervened between the Semple and Waller houses. (See the various maps for clarification of this point.)

Robert H. Waller, son of Benjamin and brother of Benjamin C., also had accounts¹ with Humphrey Harwood. Various members of the Waller family owned so much property that it has seemed that the tax records serve only to confuse rather than to clarify the picture. They have been studied, but are not included in the Appendix, since they throw no light on the situation.

On March 28, 1814, in a deed from Benjamin C. Waller to his son Robert P. Waller, there is a description of property deeded from father to son. There is mention of the "Doctor's Shop" which "stands upon the Lott upon which the dwelling house of the said Benjamin C. Waller is." (York County Records, Deed Book VIII, 268-269) This somewhat extraneous information is given merely to show that Benjamin C. Waller has never been identified with the Benjamin Waller House, but has been definitely identified with other properties in Williamsburg. Of course, Benjamin C. could have owned the Benjamin Waller House and rented it to his brother, Robert Hall Waller.

As has been previously mentioned, Benjamin C. Waller's will of 1820 made his sons William and Robert Page Waller his executors, and left to them a large part of his estate. (York County Records, Will Book X, 371) This fact may have led to the belief that William and Robert Page inherited the Benjamin Waller House, but the evidence seems to show that their father 14 did not live in the house, and that it was called the house of their uncle, Robert Hall Waller, in 1801.

After 1801 there appears a long blank space, for which no evidence as to ownership or occupancy of the Benjamin Waller House has been found. However, it will be shown that there is reason to believe that the house was owned or occupied by members of the Waller family.

From an examination of the Abstract of Title (April 30, 1940, on file in Accounting Department), it is known that Robert P. Waller owned the Benjamin Waller House in 1865.¹ There are several bits of evidence as to how Robert P. Waller acquired the Benjamin Waller property:

In his will dated February 17, 1866 (probated September 9, 1872), Robert P. Waller devised to his daughter, Laura P. Morris, "in fee Simple the lots and houses in the City of Williamsburg, purchased by me of William Waller²...I desire my said daughter to see that the grave yard adjoining the garden is kept in a neat Condition, and that the property hereby given her does not pass out of the family. This is a Sacred bequest & charge." (Williamsburg Will Book I, 200-203)

In a codicil dated October 27, 1869 (probated at the same time as the will, September 9, 1872), Robert P. Waller changed the above bequest, leaving it to another daughter: "...and I do devise the property mentioned... 15 to my daughter Mary C. Mercer...& with the request set forth in said Clause." (Ibid.)

The insistence that the property must stay in the family leads to the belief that it must have been in the family for some time. Robert P. Waller is buried in the graveyard on the property. (See Illustration #6 in the Appendix, which gives the inscriptions on the gravestones in the Waller graveyard as of today.)

In a deed of October 6, 1869, recorded October 7, 1869 (Williamsburg Deed Book I, 182), Robert P. Waller conveyed to John C. Mercer

all the land situate, lying and being in the County of York whereof the said Robert P. Waller is seized & possessed, or to which he may be in any manner entitled to including the mill with its privileges also all that lot of land with the houses thereon in the City of Williamsburg, now in the possession of William S. Morris and which the said Robert P. Waller purchased from William Waller,—reserving the grave yard on said lot and right of way to and from it...

The Abstract of Title tells the story of the property from that time to the present day.

SUMMARY:

Benjamin Waller owned the lot on which the house stands, in 1749. It seems probable that the house was built not long after the middle of the eighteenth century. It can be definitely stated that Benjamin Waller had a house in Williamsburg by 1768; and in 1771 the phrase "Colonel Johnson's 16 House, behind that of Mr. Waller" tempts one to believe that Colonel Johnson's house is Bassett Hall and Mr. Waller's house is the present Benjamin Waller House. The positions of the two houses on the Frenchman's Map show that Colonel Johnson's house could easily be called "behind" Mr. Waller's. Since no will of Benjamin's has been found, it is impossible to say which of his thirteen children inherited the house. Tradition (upheld by Tyler) has favored Benjamin Carter, but it is known that in 1801 the house was called "the House of Robert H: Waller." There is no evidence that Benjamin Carter lived there after his father's death, and there is evidence that he lived elsewhere. The property is known to have been owned by Robert P. Waller (but occupied by other members of the family) in 1866.¹ The will of Robert P. Waller leads one to believe that the property was considered a special family obligation. Robert P. Waller stated that he purchased it from William Waller, but research to this date has not been able to fill 17 in the gap between the ownership of William and the year 1801 when the house was called the house of William's uncle, Robert Hall Waller.

Illustration # 1
An Act for establishing an agreement made between Philip Johnson, and William Armistead, gentlemen.

WHEREAS David Bray the elder, late of the parish of Wilmington, in the county of James City, gentleman, deceased, in his lifetime, and at the time of his death, was seised in fee-simple, of, and in four lots of land in the city of Williamsburg, and several tracts or parcels of land, in the said county of James City, containing by estimation nine hundred and fifty acres, or thereabouts, and of, and in another tract or parcel lying in the county of Charles-City, containing by estimation, eighteen hundred and fifty acres or thereabouts, known by the name of Nance's-Neck; and being so seised, by his last will and testament in writing, bearing date the twenty first day of October, one thousand seven hundred and seventeen, devised all his lands to David Bray his son, and declared his will and meaning to be, that if his said son David should live till he came to the age of twenty one years, and should not have issue of his body lawfully begotten, he should not sell or dispose of any of the said lands, until he had such issue; but if he should live to have such issue of his body, and attain the age of twenty one years, if both the things should happen, he gave his said son all his lands to him and his heirs forever; but in case he should die, before he had lawful issue, he gave all his said lands to his brother James Bray, and the heirs male of his body lawfully begotten, and in default of such issue, declared his will to be, that his said lands should be equally divided between the heirs of his said brother James Bray, and the lawful heir of his late deceased sister, Ann Ingles, late wife of Munge Ingles, as by the said will, recorded in the court of the said county of James-City, may, among other things appear. And after the death of the said David Bray the father, the said David Bray the son, entered into the said lands, and died saised thereof, without issue of his body; and the said testator's brother James Bray in the said will named died, leaving issue Thomas Bray, his eldest son, and heir male of his body, who after the death of the said David Bray the son, entered into the said lands, and died seised thereof, without heir male of his body, leaving a daughter named Elisabeth, then and now the wife of Philip Johnson, of the county of King and Queen, gentleman, having first made his last will and testament in writing, bearing date the seventh day of May, one thousand seven hundred and fifty one, and thereby devised the remainder in fee-simple, of one moiety of the said lands to Benjamin Waller, and William Prentis, gentleman, in trust, to, and for several uses in the said will mentioned, as by the said will remaining of record, in the court of the said county of James City, may among other things appear. And whereas one Judith Bray Ingles, was heir at law of the said Ann Ingles, the sister of the said David Bray the father, and named in his will, and is intitled to the other moiety of the said lands, and hath lately married one William Armistead, gent. And whereas at a general court, held at the court-house in Williamsburg, the eleventh day of October one thousand seven hundred and fifty two, in a suit in chancery, between the said Philip Johnson, plaintiff, and the said Benjamin Waller, and William Prentis, defendants, it was decreed and ordered by the said court, 2 that the said Benjamin Waller, and William Prentis, should convey unto John Robinson, esquire, all the lands and slaves devised to them by the said Thomas Bray, to hold to the said John Robinson, his heirs and assigns, in trust, as to one moiety thereof, to, and for the use of the said Philip Johnson, during his natural life, and after his decease, in trust, to, and for the use of such child, or children, as the said Philip then had, or might thereafter have by the abovenamed Elizabeth, his wife, to whom he should give or devise the same; by his deed, will, or other instrument in writing, duly made and executed, and to his, her or their heirs and assigns forever; subject nevertheless, to the dower of the said Elizabeth therein; and as to the other moiety in trust, to and for the use of the said Philip Johnson, his heirs and assigns forever, in case he shall pay unto such child or children, of him and the said Elizabeth, all and every such sum and sums of money, as the said Elizabeth, notwithstanding her coverture, shall by any deed or instsument [sic] in writing, duly executed by her, give, direct and appoint, according to a proviso and his covenant, contained in a certain indenture of release. But in case the said Philip Johnson, shall not pay such sum of money, then in trust, to and for the use of such child or children aforesaid, to whom the said Elizabeth, by such deed or instrument in writing, shall give, direct and appoint the same; And in case the said Elizabeth, shall execute no such deed or instrument, then in trust to and for the use of the said Philip Johnson, during his natural life, and after his decease, in trust, and to, and for the use of such child or children as the said Philip Johnson then had or might thereafter have by the said Elizabeth, to whom he shall give or devise the same, by his deed or will as aforesaid, and to the heirs and assigns of such child or children forever; subject nevertheless to the dower of the said Elizabeth, therein, as by the record and proceedings of the said suit in chancery, remaining in the general court aforesaid may among other things appear; And the said Benjamin Waller, and William Prentis, have accordingly conveyed to the said John Robinson, and his heirs, the said lands and slaves in trust, and to, and for the several uses in the said decree mentioned. And whereas in case partition shall be made of the said lands, between the said Philip Johnson and Elizabeth his wife, and the said William Armistead and Judith Bray, his wife, the value of the said lands will be considerably diminished, and it will be more beneficial to all parties claiming the same, if they shall remain entire; and the said Philip Johnson, and William Armistead, have agreed, that all the said tract of land known by the name of Nance's neck, with the appurtenances, and two of the said lots of land, adjoining the lots of Dudley Digges, gentleman, and James Spiers, in Francis-street, in the said city, shall be vested in the said William Armistead, and Judith Bray his wife, and the heirs of the said Judith Bray; to hold to them in the same manner, and for the same estate, as they would have had and held the moiety thereof, if this act had not been made; And that the other two lots of land lying in the said street, between the lots of Benjamin Harrison, gentleman, and the said Benjamin Waller, and all the said tracts or parcels of land in the county of James City aforesaid, with the appurtenances, shall be vested in the said John Robinson, to hold to him, his heirs and assigns in trust, and to and for the same uses, and in the same manner, as the said John Robinson and his heirs would have had and held one moiety thereof. If this act had not 3 been made; And that the said William Armistead shall pay to the said John Robinson the sum of three hundred and ninety pounds, the value of one moiety of the said tract of land, known by the name of Nance's-neck, more than the value of the said tracts or parcels of land in the said county of James-City, to be laid out by the said John Robinson in purchasing slaves, to be held by him in trust, to and for the same uses, and in the same manner, as the lands and slaves conveyed to him by the said Benjamin Waller and William Prentiss, as aforesaid, which agreement the said Judith Bray, the wife of the said William Armistead, and the said Elizabeth, the wife of the said Philip Johnson, are willing to have confirmed.

II. BE it therefore enacted, by the Lieutenant Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted, by the authority of the same. That the agreement above mentioned between the said parties, be, and is hereby confirmed and established, and shall forever hereafter be valid and binding between them and their heirs, and all others claiming under them. And that all the aforesaid tract of land, known by the name of Nance's neck, and every part thereof with the appurtenances, and the said two lots of land adjoining the lots of the said Dudley Digges and James Spiers, shall be, and the same are hereby vested in, and shall be held, possessed and enjoyed by the said William Armistead, and Judith Bray his wife, and her heirs, and they shall be seised thereof in the same manner, and of, and in the same estate, as they would have had, held, and been seised of, in the one moiety thereof, if this act had not been made. And that all the aforesaid tracts or parcels of lands, in the said county of James City, with the appurtenances, and the said two lots of land, lying between the lots of the said Benjamin Harrison, and Benjamin Waller, shall be, and the same are hereby vested in, and shall be held by the said John Robinson, his heirs and assigns, and he, and they shall be seised of the same, in the same manner, and of, and in the same estate, and in trust, and to, and for the same uses as the lands and slaves conveyed to him the said John Robinson, by the said Benjamin Waller, and William Prentis as aforesaid; and that the said John Robinson, his heirs, executors, and administrators, after the above mentioned three hundred and ninety pounds shall be paid to him or them, shall lay out the same in purchasing slaves, and the said John Robinson, his heirs, executors, and administrators, shall hold and be possessed of such slaves so to be purchased, in trust, and to, and for the same uses as the lands and slaves conveyed to him by the said Benjamin Waller, and William Prentis, as aforesaid, a list of the names of which slaves shall be, by the said John Robinson, returned to the court of the said county of James City, there to be recorded.

III. Saving to the king's most excellent majesty, his heirs and successors, and every other person and persons, bodies politic and corporate, their respective heirs and successors, all such right, title, estate, interest, claim, and demand, of, in, or to either of the above mentioned tracts of land, other than the persons claiming under the said Judith Bray, the wife of the said William Armistead, and the last will and 4 testament of the above named Thomas Bray, or either of them, as they, every, or any of them should or night claim, if this act had not been made.

(Hening, Statutes at Large, VI, 412-416)

Illustration # 1

Illustration # 2
Summary of Material Listed in Swem's Index
on Benjamin Waller (1710-1786) ^{[Dated thus in Swem] 1710 is incorrect. See below}

John Waller (b. circa 1670, d. 1754) married Dorothy King (b. 1675, d. 1759) and had issue Mary, John, Edmund, William, Thomas and Benjamin. [Also in 8W(1) 79]

26V 33

Born Oct. 1, 1716. [This is from family Bible. This date is correct. See also Maryland Gazette, May 9, 1786, under Name 13W(1) 143 Data Card]

(Extracts from the Records of Caroline County)

"November, 1736.—Benjamin Waller, King's attorney."

20V 203

Petition of B. Waller to practice as attorney in the County courts read & referred to Attorney General (Va. Council Journals) - April 22, 1738.

14V 25

Clerk of the General Court (May, 1740).

21W(1) 96

Sworn attorney in York Court Nov. 15, 1742 (In account of Booker family.)

4T 438

16 April 1743—B. Waller, Cl. Cur. (Will of William Nimmo of Williamsburg.)

5W(1) 136

"PAPERS IN REGARD TO THE FORT LAND AT POINT COMFORT" (Regarding the claim of Wm. Beverley to the land at Old Point Comfort where Fort George was built) Ben Waller's signature as Cl. Cur. Oct. 25, 1744

17V 271

Treaty of Lancaster, 1744 — Signed Ben Waller, Cl. Cr. (between Va. & the Six Nations)

13V 142

Members of the House of Burgesses - Changes in 1744

James City—Benjamin Waller, vice Lewis Burwell, deceased (a new writ of election was asked September 7, 1744)

SV 250

"Treaty with the Indians at Lancaster, Pa., 1744 Signed: "Teste Ben Waller, Cl. Cur.

18V 398

Vestryman, Bruton, 1744.

3W(1) 180

Waller, member of house of burgesses—appointed comm. "for revisal of the whole body of the laws of this his majesty's colony and dominion." (Feb. 1745)

5H 321

Married, Jan. 2, 1746, Martha Hall (b. July 2, 1728)

13W(1) 143

July 1746—Treas. of col. empowered to borrow money & pay to Waller et al. for expenses of soldiers. Authorized to equip soldiers with arms.

5H 402

One of persons appointed to "covenant, agree with, hire and employ" workmen for re-building the Capitol in Williamsburg. (October 1748)

6H 197

Will of John Collett, "of the City of Williamsburg." Names heirs, and leaves W. residue of estate. (Proved March 19, 1749)

2T 205 and 19W(1) 7

Churchwarden (1749)—in Matthew Whaley's mother's will suit (trustee of the school).

4W(1) 9

Proceedings of the House of Burgesses

19W(1) 9

Members in 1750 (Burgesses)—James City, Carter Burwell, Benjamin Waller

8V 251

(Diary of John Blair)—1751—August 31. "The Bell toll'd for M^r Wallers son."

August 31, 1751—"M^r Waller's young son Benjamin buried this day, my Coach carried the Bearers, M^r Blair M^r Basset M^r Allen & my son who carried him to his grave on Napkins."

7W(1) 145

Waller sold site of 2nd. theatre to Alexander Finnie. (near Capitol) Sept. 1751

8W(1) 137

"An Act for enlarging the Church in the City of Williamsburg and purchasing an Organ to be placed therein, "—Waller one of directors appointed, February 1752

6H 230

(checked in Gazette)

Va. Gas., Feb. 27, 1752—"A LIST of the Representatives in Assembly for the several Counties in VIRGINIA" Carter Burwell and Benjamin Waller from James City

3V 192

Tract of land known as Nance's Neck and 2 lots adjoining lots of Dudley Digges & James Spiers vested in Wm, Armistead and Judith Bray his wife. And "all the aforesaid tracts or parcels of lands, in the said county of James City, with the appurtenances, and the said two lots of land, lying between the lots of the said Benjamin Harrison, and Benjamin Waller, shall be" vested in John Robinson. November, 1753.

6H 413-16

Session of 1753—James City, Members, House of Burgesses—Carter Burwell, Benjamin Waller.

8V 254

Session of 1754, Members, House of Burgesses—Carter Burwell, Benjamin Waller—James City.

8V 256

(Feb. 1754) Treasurer of the colony empowered to borrow money at 6% & Waller appointed as one of directors of the spending of the money for the protection of "his Majesty's subjects who are now settled, or hereafter shall settle, on the waters of the river Mississippi."

6H 418

(Robert Dinwiddie governor) (Oct. 1754) "An Act for raising the sum of twenty thousand pounds for the protection of his Majesty's subjects against the insults and encroachments of the French." Waller again a director.

6H 437

Benjamin Waller C. G. Cur. (Feb. 10, 1755)

33V 300 (Notes to Council Journals)

(May, 1755)

"An Act for raising the sum of six thousand pounds, by a Lottery, for the further protection of his majesty's subjects, against the insults and incroachments of the French." Waller appointed one of the "managers and directors" of the lottery.

6H 454

(Aug. 1755)

One of directors appointed "to treat and agree with workmen, to erect a high and strong brick wall, to inclose the said magazine, and to build a guard house convenient thereto."

6H 528

(Aug. 1755)

"An Act for raising the sum of forty thousand pounds, for the protection of his majesty's subjects on the frontiers of this colony" Waller made a director.

6H 521-524

(March 1756)

"An Act for raising the Sum of Twenty-five Thousand Pounds, for the better protection of the Inhabitants on the Frontiers of this Colony, and for other purposes therein mentioned." Waller appointed as a director of the spending of the money.

7H 13

7H 9

(March 1756)

"An Act to enable certain persons to contract for the transportation of the neutral French to Great Britain." Waller one of the "certain persons"

7H 39

(March 1756)

"An Act for adding certain Lands, therein mentioned, to the City of Williamsburg."

"WHEREAS it hath been represented to this General Assembly, That Benjamin Waller, gentleman, hath laid out a certain parcel of his lands, in the counties of York and James-City, contiguous to the city of Williamsburg, at the east and thereof, into lots, and the purchasers of the said lots have petitioned that they had [to] be taken into the limits of the said city, and enjoy all the privileges of the freeholders and inhabitants thereof: Be it enacted, by the Lieutenant-Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted, by the authority of the same, That the lands laid out, as aforesaid, by the said Benjamin Waller, into lots adjoining the said city, so soon as the same shall be built upon and saved according to the condition of the deeds of conveyance, shall be added to, and made part of the said city of Williamsburg; and the freeholders and inhabitants thereof shall then be entitled thereto, and have, and enjoy all the rights, privileges, and immunities granted to, or enjoyed by, the freeholders and inhabitants of the said city; and shall be subject to the same jurisdiction, rules, and government with the other inhabitants of the said city."

7H 54

Robert Bolling "returned to Virginia in 1756 where he then studied law under Benjamin Waller."

22V 332

(April 1757)

Appointed to committee to see to paying arrears due to officers and soldiers in the pay of the colony.

7H 54

(April 1757)

Appointed one of signers of treasury notes.

7H 83

(April 1757)

Appointed one of committee to superintend calling in and burning the old treasury notes.

7H 84

Joseph Morton's will (May 18, 1758) Conveyance to B. Waller of lands and slaves settled on wife, tract of land in Orange County.

12V 98

(Sept. 1758)

Appointed one of signers of treasury notes.

7H 175

(Feb. 1759)

Appointed one of signers of treasury notes.

7H 259, 260

(Feb. 1759)

"An Act for appointing an Agent"—Edward Montague of the Middle Temple; Waller on Committee of correspondence to keep him informed.

7H 276

(Jan. 9, 1759) Journal of Col. James Gordon of Lancaster Co.

"Col. Selden after breakfast; then went to Col. Conway's, where Mr. Crisewell joined us, and was very agreeably entertained. This gentleman has now fully dropped opposing the meeting house, which is mostly occasioned by a letter he lately received from Mr. Ben Waller, who advises that the Dissenters have power to build a house and enjoy their religion by act of Toleration."

11W(1) 99

In 1756 [?] Waller's land at east and annexed; 1758, land formerly belonging to Col. Philip Johnson; 1759, 2 more tracts, one of 12 lots belonging to Matthew Moody and the other a piece of land belonging to Waller on the south side of the road leading to Yorktown.

16W(1) 21

Waller on Committee of Correspondence, 1759, when Edward Montague was appointed resident agent for Virginia in England.

9V 364

Waller's signature on a letter to the agent, Dec. 12, 1759.

10V 353

(Feb. 1759)

"And whereas Matthew Moody hath laid off a parcel of his land, in the county of York, adjoining the city of Williamsburg, on the west side of the road leading 6 to queen Mary's port, into twelve lots; and Benjamin Waller hath also laid off a parcel of his land, in the county of James City, bounded westwardly by the eastern bounds of the said city, northwardly by the road leading to York town, eastwardly by the lots heretofore laid off by the said Benjamin Waller, and southwardly by the land of Philip Johnson, into lots, and it hath been represented to this assembly that it will be advantageious to the said city to take the said lots into the limits thereof; Be it therefore further enacted, by the authority aforesaid, That the land laid out as aforesaid, by the said Matthew Moody and Benjamin Waller, into lots, so soon as the same shall be built upon, and saved according to the condition of the deeds of conveyance thereof, shall be added to and made part of the said city of Williamsburg, and the freeholdes and inhabitants thereof shall then be entituled to, and have, and enjoy all the rights, privileges and immunities granted to and enjoyed by the freeholders or inhabitants of the said city, and shall be subject to the same jurisdiction, rules and government."

7H 316

One of committee to superintend receipt and burning of treasury notes. March 1760.

7H 353

One of signers of treasury notes. May 1760.

7H 360

Waller present at a Committee of Correspondence October 7, 1760, November 3, 1760 and November 6, 1760.

11V 10

One of the subscribers (p. 570) to funds for "the encouragement of useful undertakings"—October 30, 1760. (Wine and silk.)

7H 566-570

Waller present at a Committee of Correspondence May 4, 1761, June 11 and 13, 1761.

11V 10

One of committee to superintend burning of treasury notes redeemed. Nov. 1761.

7H 466

(Nov. 1761)

"Power of committee to destroy treasury notes destroyed, enlarged."

7H 468-469

March 1762.

One of signers of treasury notes.

7H 498

Waller present at a Committee of Correspondence. April 30, 1762.

11V 10

"In 1762 Benjamin Waller and others were permitted to erect a gallery on the north side for their families. [Bruton Church]

3W(1) 176

May 1763

Committee to correspond with agent enlarged. (Waller still on it.)

7H 647

Articles of Agreement of the Dismal Swamp Company, 1763. (Ben. Waller Cl. Cur.)

37V 65

November 1766. Waller on committee to examine into the state of the treasury.

8H 213

Will of Philip Ludwell, Feb. 28, 1767. "...All my estate in Virginia not otherwise bequeathed to Richard Corbin Esq., H. M. Receiver General of Virginia, Robert Carter Nicholas Est., Treasurer of Virginia, John Wayles and Benjamin Waller Esqrs. Attorneys at Law in Virginia, in Trust for my daughters Hannah Phillippa Ludwell, Frances Ludwell, and Lucy Ludwell..."

19V 288

Marriage of Patty Waller (eldest daughter of B. Waller) to Mr. William Taylor (Representative in Assembly). March 19, 1767.

8W(1) 27

1769 November

"An Act to make provision for the support and maintenance of ideots, lunatics, and other persons of unsound minds."—Waller one of the trustees appointed—"trustees for founding and establishing a public hospital..."

8H 378

November 1769.

"An Act to vest certain lands whereof John Robinson, esquire, died seized in trust for Philip Johnson, gentleman, and his children, in trustees, for the purposes therein mentioned."

8H 460

mention of land between "the lots of William Pasteur and Benjamin Waller," on Francis Street. November 1769.

8H 461

Waller appointed one of managers of lottery to raise money for extending the navigation of the Potomac. (February 1772)

8H 578

"Order for arrest and trial of David Hunter of Berkeley Co., Va., in 1774, because of his activity against Gov. Dunmore's rule." Signed by Ben Waller.

37V 282

Dec. 1774

Waller elected a member of the city committee.

16W(1) 42

1774

Footnote to "School Days of John Randolph" by Hugh A. Garland:

"Littleton Waller Tazewell, son of Judge Henry Tazewell and Dorothea Elizabeth Waller, daughter of Benjamin Waller, was born Dec. 17, 1774 in Williamsburg. The house, a long, low wooden building of a story and a half with dormer windows, situated in the eastern part of the city on the south side of Francis Street, where it enters into York Street (sometimes called Woodpecker Street), is still standing. He was born upstairs in the northeast room. This house is now the property of the Morecock family and was originally built by Judge Benjamin Waller."

[This is from the July, 1915, issue: Lyon G. Tyler, ed. Is footnote author's or Tyler's?] (See `Discourse on the Life and Character of Gov. Tazewell', by Hugh Blair Grigsby, p. 5)

24W(1) 4

"Whereas, the Reverend Mr. Henley has insinuated that some of the Gentlemen of the Vestry have relented at their Choice of the Reverend Mr. Bracken, we the Subscribers, who gave him our Votes, think it becomes us to contradict so injurious a Suggestion, which has no Foundation in Truth, and to declare that his Conduct has ever met with our full Approbation." Ben Waller's name signed with others. (Va. Gaz., Mar. 3, 1774—checked.)

11W(1) 148

County committees of 1774-75 in Virginia; for city of Williamsburg, B. Waller [Purdie & Dixon, 22 December 1774]

5W(1) 136

Will of Rich. Taliaferro (Feb. 3, 1775) (Witness)

12W(1) 125

On committee to superintend annual burning of treasury notes that have been redeemed (1775).

9H 70

March 9, 1776

L 5 to B. Waller "for two Guns furnished the Army."

8C 115

"Virginia Officers in 1776"—Court of Admiralty—"Benjamin Waller, Esq.; Clerk of the Gen. Court"

10T 275

There is a record of a visit paid Waller by Governor Dunmore, shortly after the removal of the arms from the Powder Magazine.

(Journals of the House of Burgesses, 1773-1776, p. 232.)

Education in Colonial Virginia, Supreme Court of Virginia—Benjamin Waller, —, 1778...William and Mary.

7W(1) 7

[Facts quoted from Auditor's Cash Book, 1778-1780] B. W. Took L 6,578 in paper money to the loan office & discharged sterling debts due seven British merchants, [1778]

5W(2) 168

May 1779

"An Act constituting the Court of Admiralty" 10 - Judges of present court B. Waller, Richard Cary, William Roscow Wilson Curle

10H 98-101

[From Va. Gaz., Dixon & Nicolson] Aug. 9, 1780

Death of Mrs. Martha Waller (Benjamin's wife).

12W(1) 28

Public Officers, 1781, Commonwealth of Virginia—Judges of the Court of Admiralty, B. Waller, Richard Cary and James Henry.

5V 217

March 8, 1782.

Williamsburg. Proceedings of a Court of Admiralty before B. Waller.

3C 88

"Proprietors of Lots in Williamsburg in 1783" Waller, Benjamin.

11W(1) 115

John Tyler appointed "Judge of the Court of Admiralty" in place of B. Waller, resigned Jan. 6, 1786.

4C 79

died May 1, 1786.

13W(1) 143

(From a copy of B. Waller's Bible)

Benjamin Waller, b. Oct. 1, 1716

Waller m. Martha Hall

13 children

• (1) Martha b. Nov. 28, 1747 (m. Taylor)
• (2) Robert b. Jul. 16, 1749 d. Oct. 4, 1749
• (3) Benjamin b. Dec. 3, 1750 d. Aug. 31, 1751
• (4) Mary b. July 14, 1752 (m. Corbin) [See also 30V315]
• (5) John b. >July 25, 1753 (m. Judith Page)
• (6) Dorothy Elizabeth B. Sep. 2, 1754 (m. Henry Tazewell) d. May 13, 1777
• (7) Anne b. Feb. 29, 1756 (m. Boush) d. Nov. 10, 1785
• (8) Benjamin Carter b. Dec. 24, 1757 (m. Catharine Page)
• (9) Clara b. Sept. 2, 1759 (m. Edward Travis)
• (10) William b. Feb. 16, 1762 (m. Elizabeth Macon)
• (11) Robert Hall b. Jany. 7, 1764 (m. Nancy Camm)
• (12) daughter (illegible) (became Mrs. Smith)
• (13) Francis (dau.) b. April 6, 1767 d. June 15, 1767

13W(1) 175-177

Miscellaneous:

Often an executor

7W(1) 11

32V 288, etc.

4T 31

Illustration # 2

Illustration 3 The present Waller lot, showing location and plan of
the house and cemetery (1945)

The present Waller lot, showing location and plan of the house and cemetery (1945)
FROM FRENCHMAN'S MAP 1782?

No digging for evidences of buildings has been done on these lots.
J. B. Knight

Illustration #4
Benjamin Waller accounts from Harwood's Ledger

Illustration #4

Illustration #5

PHOTOSTAT COPY OF THE
WILLIAMSBURG PLAT IN "WILLIAMSBURG,
THE OLD COLONIAL CAPITOL" BY LYON G. TYLER

Illustration # 6
INSCRIPTIONS ON STONES IN GRAVEYARD ON PROPERTY
BEHIND BENJAMIN WALLER HOUSE

This stone
is erected to
the memory of Mary and
Eliza Waller daughters
of Maj. Tho^s Griffin of
York Town, by their af-
fectionate Father, the first
died the 9^th day of April
1827. The other on the
26^th day of June 1823
and are buried here.

Beloved till life could charm no more
And mourn'd till sorrows self be dead.

* * *
BLAKELEY G. MERCER,
DIED
Feb. 11, 1857
Aged 3 Y's 4 M's 10 D's
* * *
ISABELLA B. WALLER
Died May 15^th 1853,
Aged 21
* * *

[Another]

SACRED
to the memory of
ISABELLA STUART,
daughter of
DR. ROBERT PAGE WALLER,
Who died May 15^th, 1853: in the 22^ND year of her age.
"Blessed are the pure in heart, for they shall see God."

No sin, no grief, no pain,
Safe in my happy home.
My fears all fled, my grief all slain
My hour of triumph's come,
Oh! friends of my mortal years,
The trusted and the true,
Ye are walking through the vale of tears,
But I wait to welcome you.

Do you mourn when another star
Shines out from the glittering sky,
Do you weep when the voice of war
Or the storm of conflicts die
Then why should your tears run down
And your hearts be sorely riven,
For another gem in the Savior's crown
And another soul in heaven.

* * *
SACRED
to the memory of
CORBIN GRIFFIN
son of
DR. ROBERT PAGE WALLER,
Who died
October 29^th 1841
Aged 23 years

* * *
LETITIA TYLER
Daughter of
W^m & Elizabeth Waller
Born Dec'r 18, 1848
Died Dec'r 29, 1849
She is not dead but sleepeth.

* * *
ELIZABETH TYLER WALLER
Wife of
W^m Waller Esq^r of Williamsburg
And Daughter of Ex President Tyler
Of Virginia.
3 Born July 11^th 1823
Died June 1^st 1850
Aged 26 Years 10 Mo. & 18 Days
***
"In death she sleeps the sleep of the Righteous
and the beloved of Heaven."

* * *
ROBERT PAGE WALLER
DIED
July 21, 1872
Aet 81

* * *
SACRED
TO THE MEMORY
OF
J. W. WALLER
Widow of
R. P. WALLER
Died Dec. 10, 1888
Aged[?] 80

* * *
HUGH MERCER WALLER
BORN
DECEMBER 3, 1829
DIED
MAY 31, 1896.
SON OF
JULIA WEEDEN WALLER
AND
ROBERT PAGE WALLER
OUR HEARTS ARE THY SEPULCHR
----
HE WALKED WITH HIS GOD
HE CALLED HIM TO HEAVEN'S
PERFECT PEACE
* * *

SACRED
to the memory of
JULIA WEEDON
Daughter of
ROBT. P. & JULIA WEEDON WALLER
HIS WIFE
Born Nov. 23, 1836
Died Oct. 30, 1860
Aged 23 years, 11 months & 7 days.

* * *
SACRED TO
The memory of
LITTLETON
TAZEWELL WALLER
BORN
[?] 12, 1800[?]
DIED
April 27, 1870[?]
* * *

Also stones to:

• 1)Ballard Elliott Boswell
• 2)Lucy Taliafero Conway Stubbs
• 3)Mrs. Louisa Mercer Cosnahan
• 4)Thomas Jefferson Stubbs
  &
  Mary Cosnahan Stubbs
• 5)T. Jefferson Stubbs, Jr.

Also a large MERCER
monument in cemetery

Illustration # 6