Colonial Williamsburg Digital Library

LOCATION:

The property known as the "Benjamin Waller House" is situated on the south side of Francis Street at its juncture with Waller Street. The house faces on Waller Street. (See: Tyler's adaptation of the College Map, Illustration #1, Appendix)

HISTORY:

Since the court records for James City County were burned during the period 1861-65, no deeds of the eighteenth and early nineteenth century are available for this property. The earliest evidence that Benjamin Waller owned the site in question is a map made in April 1749 by William Waller, a brother of Benjamin Waller.¹ The map marks the lot very definitely with the 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." (Copy, Illustration #1)

The owner of the property before the time of Benjamin Waller's title is not known at this date. Possibly, the lots belonged to that large tract held by the Bray family. This property adjoined Waller's lots and had been entailed estate for some years.

^{Mann Page Gloucester Co. (see: docked entail).}

Benjamin Waller was born in Spotsylvania ^{King William}, Virginia, in 1716. At the age of ten Waller was brought to Williamsburg by Secretary Carter who had recognized in the bright lad promise of a brilliant future. 2 Waller attended William and Mary College for several years, then went into the Secretary's office for training. Later, he studied law and began to practice in 1738 in Williamsburg. From 1738 to 1786 (date of Waller's death), Benjamin Waller held a place of importance in the city acting as Recorder, Trustee, Clerk of James City County, executor, signer of treasury notes, member of various committees of the House of Burgesses, judge of the State General Court and of the Court of Admiralty¹ and Vestryman of Bruton Church.² It seems that one is justified in assuming that the word "lot"³ implies that the space was set aside for the dwelling-house of Mr. Waller whether or not a building was thereon as early as 1749.

Several references to Waller in Williamsburg may throw some light on his house: (The fact that Waller married in January 1746⁴ would seem to point to the fact that probably he had built on the lot in question previously or in that year.⁵

"Letter from C. Cibber Jun to Benj^a Waller...July 2^d 1746...As I return from Charles-town, I shall take W^msburg in my way to Boston; and hope in October to spend an evening with you..." (Photostat copy, Research Department, from Mrs. Arthur Scrivenor)

"[1751 November 1] Diary of John Blair:
...This even^g I assigned to Skelton at Mr. Waller's the bond of Walker's ex^rs to repay the £500 advanced to him towards his rebuildin^g y^e capitol."
(William and Mary Quarterly, first series, VIII, 14)

In 1753 an Act entitled "An Act for establishing an agreement made between Philip Johnson and William Armistead, gentlemen" appeared in Hening's Statutes VI, 412-416. Johnson was owner of four lots in Williamsburg with adjoining lands (now the Bassett Hall tract) formerly the property of the Bray family. In section II of this Act mention is made of the lots and lands adjoining the lots of Benjamin Waller:

"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 indicates that Benjamin Waller's property was on Francis Street,¹ and that his neighbors changed from Bray to Johnson. The Bray lots had been noted in 1749 on Waller's Map as "Col Thomas Brays 2 Lotts." Another Act of March 1756 is recorded in Hening's Statutes concerning "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) 4 These lots are evidently the ones that are shown on William Waller's Map of 1749.¹

Waller's lots are noted 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's Statutes, VIII, 460-464). Johnson's lots on Francis Street are spoken of as "situate between the lots of William Pasteur and Benjamin Waller."

Unfortunately, there is no mention in these above quoted Acts of the dwelling-house of Waller. There are several references (as those given below) which establish Waller on the site in question, but none contribute any light on the date of the erection of the house:

[Announcement of sale] "December 15, 1768

...THE DWELLING-HOUSE and LOT where Mrs. Steel² formerly lived, very near Mr. Waller's..." (Virginia Gazette, Purdie & Dixon, eds.)

On January 15, 1767 this advertisement appeared: "A TENEMENT between Mr. Lewis's store and Mrs. Vobe's, and another between Mrs. Vobe's and Mr. Benjamin Powell's,³ may be RENTED, on reasonable terms, of BENJAMIN WALLER."
(Virginia Gazette, Purdie & Dixon, eds.)

On March 7, 1771 another reference appears which gives Waller's location more definitely:

"March 7, 1771

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 & Dixon, eds.)

On October 3, 1771 this notice appears:

"...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;¹ the Whole to be disposed of together, or in Parcels, as may best suit the Purchasers..."
(Virginia Gazette, Purdie & Dixon, eds.)

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

There is a record of a visit paid Waller by Governor Dunmore, shortly after the removal of the gunpowder from the Magazine. As Waller's house is mentioned, it is given below:

[Reported in June 14th, 1775 session of Burgesses]

"...That several Days afterwards his Excellency came to the said Waller's House on some private business, and in the Course of Conversation, his Lordship said that Captain Collins had only taken fifteen half Barrels of Powder from the Magazine that some was not good and other barrels not full but that he believed that one whole barrel might be got out of three half barrels, where-upon he said Waller took the liberty to mention to his lordship that he was very sorry to tell his Excellency that he had lost the Confidence of the People not so much for having taken the Powder as for the declaration he made of raising and freeing the Slaves... 6 The said Benjamin Waller further says that several young Gentlemen of the Town and others had formed themselves into a Company by the name of an independent Company to learn the Military exercise and elected the Colonel of the Militia for their Captain and that they usually mustered once a Week." (Journals of the House of Burgesses, 1773-1776, p. 232)

According to Littleton Tazewell, grandson of Waller, Williamsburg during the early years of the Revolution was considered unsafe for families being in the path of war. Waller in 1777? moved his family up to Greensville County nearby to his daughter, Mrs. Henry Tazewell (Dorothy). He returned to Williamsburg in 1778 bringing his grandson, Littleton, then four years old, to live with him. It is not known what disposition was made of the Waller house in Williamsburg while the family was in Greensville.

The Frenchman's Map (1782) shows 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 and forming a wing to the house. (See: Architect's drawing of the Frenchman's Map of this section, Illustration #1)

Williamsburg Land Tax records from 1782-86 indicate that Benjamin Waller held 3 lots with tax value of £6. In 1786 Waller held 7 lots valued at£15:10 which were put in the name of Robert Waller. (See: Illustration #2 for full land tax records, copied from photostats, Research Department)

On March 5, 1783 Benjamin Waller deeded to his son, Benjamin Carter 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 sentence which refers to Benjamin Waller's house:

"All woods, ways, etc. excepting and always reserving unto the said Benjamin Waller during his natural 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 tenement¹ in Williamsburg and his plantation in York County."
(York County Records, Deed Book VI, 157)

From the foregoing evidence it is proved that Benjamin Waller had a house on Francis street and that he had two tenements which in all probability were rented to others. There has been no evidence to indicate that Waller moved about in the city. On the contrary, the evidence seems to point to the fact that Waller remained on the Francis Street property until his death in 1786. In the period from 1778-1785 Humphrey Harwood, Williamsburg carpenter and brick mason, made various repairs to the property of a Benjamin Waller. The fact that Benjamin Waller had a son, Benjamin Carter Waller, complicates the picture. Some of the accounts may have been meant for the son but written as just "Benjamin Waller." Then, the Harwood repairs may have been made upon one of the tenements. There seems no way of clearing up this problem as to which house was repaired. The accounts of Harwood to Waller are listed in Ledger B, p. 10:

"1780 th	BENJAMIN WALLER ESQR	Dr
October 4	To 2 bushs of lime 1/6 30 bricks 1/0, & ¾ days labr 1/6	£ -.4.0
	To Repairing Oven & plastering do 5/	5.-
1782	d
August 10	To ½ a Bushell of lime 9 pr your Bals..	.9
22	To 3 Bushs of Wheat at 6/. (Septemr 10th) To your specific Tax 7/6	1.5.6
Septemr 10	To 3 Bushs do a 6/, (25th) To 3 bushs of do a 6/	1.16.-
Octobr 28	To 3 Bushs of do a 6/ (30th) to 3 do a do	6/	1.16.
Novemr 12	To 3 Bushs of do a 6/	.18.
		£ 6.5.3

1783	BENJAMIN WALLER ESQR
Septemr rd	d	Dr
23	To 3 Bushs of Lime 3/. & hair ll & £ mendg Plasterg 2/6	5.10
1784 th
July 16	To whitewashing 3 Rooms & passage above & below stairs at 4/6	-.11.6
	To 10 bushels of lime a 1 & 1 do whitewash 2/.	12
	To repairing Cellar wall 3/ & repairing Ash House 3/6	6.6
	To repairing oven & backs in House a 2/	12
August 10	To 3½ bushs of lime at 1/. & Seting up	a Still 6/	9
8
1785
January 3	To 2 bushs of lime 2/ 23 bricks 8/. & Reparing Oven 3/9	6 5
		£ 4 6. 3

[Per Contra accounts is given in Harwood's Ledger B, p. 10. It does not seem to add anything to the repair work]

	p. 77, Ledger B: BENJAMIN WALLER ESQR SENR	Dr
	"1785 th
	Januy 17 To 10 bushels of lime 10/. & 60 bricks 2/. & hair 1/	£ 13.—
	To repairing back & harth to chimney 2/6	" 2" 6
	To 30 larths 6d & 1 day's labour 2/6	" 3"—
	To Repairing Larthing & plastering 10/	" 10" —
	£1" 8" 6 "
		£1" 8" 6"

Benjamin Waller died on May 1, 1786.¹ No will has been found, yet, we know that the property passed to his son, Robert Hall Waller. See: evidence which follows.

In an account of the Waller family, Miss Emma Blacknall wrote: "Our Grand father, Robert Hall Waller, was his [Benjamin Waller's] youngest son, and inhabited his family residence, in the City of Williamsburg."² (Photostat copy, Research Department, of an undated manuscript in the possession of Mrs. Arthur Scrivenor, Richmond, Virginia.)

Though no item from a will of Benjamin Waller - whereby Robert Hall was devised the property - is extant, or even a deed indicating that he had become the owner -, there is a note in the land tax records for Williamsburg for 1786 stating: "Benjamin Waller Sen^r dec^d to Robert Waller...7 lots... £15.10" (Photostat copy Virginia Land Tax Records, copy in Research Department)

As Benjamin Waller had died on May 1, 1786, this record from the tax records proves that Robert Hall Waller, youngest son of Benjamin Waller, inherited the property.³

In the manuscript collection of the Blow family (Jurgesen Collection, William and Mary College) there is a manuscript account book of Robert H. Waller's beginning in September 1786, only a few months after the death of his father. The entries mention his house and seem to bear out Miss Blacknall's impression that Robert Hall Waller lived in his father's home:

"Rec^d Sep 27 1786 of Mr R:Waller the sum of two pounds 8/ in part of my services with my Sons in repairing the said Wallers house
P Moody

Reced Nov. 17^th 1786 of M^r Ro Waller the sum of four pounds 16/ in further part of my Services with my Sons in repairing the said Wallers house
Philip Moody

Rec^d Dec^r 25^th 1786. of M^r Ro: Waller the sum of seven pounds - 11/5 in further part of my Services with my Sons in repairing the said Wallers house
Philip Moody

Reced February 28^th 1787 of Mr R:Waller the Sum of three pounds in further of my Services with My Sons in repairing the said Wallers house
P Moody"

"[1787]
Feb 15	Mr Robert Waller to Geo: Jackson	Dr
	To 1000 Shingles	£ 0:18:0
	To Cartage	0:2:0
	To 150 Shingles	0:2:8¼
	To Cartage	0:0:3¾
March 30	To 500 Shingles	0:9:——
	To Cartage	0:1:——
		£ 1:13.——
	March checed the Above [illegible]
	April the 7th 87 Geo. Jackson "

A glance at the College Map (1791?) - Tyler's adaptation of this map - shows the "J. Semple" lots between "Bucktrout" on the west and "Waller" to the east. The large area of inclosed lot due east of the Waller lot is marked "R. Waller's Lots." The Bucktrout Map (1803) shows "R. Waller" on both the lot and the large tract to the east of the lot. (copies - Research Dept.)

In 1801 an insurance policy of the Mutual Assurance Society for the Semple House (policy #486), describes the Semple property as "between the House of Robert H: Waller and that of Benj: Bucktrout." (Photostat, Research Department)

To return to other repairs made to the house in April and May 1787 10 following Moody's work in 1786: Humphrey Harwood was paid by "M^r Robert Waller" for making repairs and refinishing. Harwood underpinned the porch, built a pair of steps, repaired underpining to cellar-cap, repaired lathing and plastering up stairs and down, white-washed 3 rooms and a passage up stairs, and 1 room and a passage below, 2 closets and porch, hearth work, repair window-frames &c. (Full copy of Harwood's account, Illustration #3) In 1788 Harwood underpinned a hen house; in 1789 repairs were made by brickwork to the well. (Ibid) In 1790 and 1792 further freshening of rooms and closet is noted. (Ibid)

On March 25, 1788 Robert Waller wrote to St. George Tucker "to inform you that I am a Candidate for the Clerkship of the District Court...I hope Sir you will recollect this application among other. The honble M^r Wythe probably may give some information of my capacity..." (Uncatalogued Papers Tucker Collection, Research Department Archives) Waller held the Clerkship as late as 1806. (Calendar of Virginia State Papers, IX, 443)

Very interesting items relating to an office building of Waller's was found in the Blow Papers at the College of William and Mary:

1804	"Mr Robert H. Waller
Jany 2	To James Semple	Dr
	To whitewashing your old Office 8/ ditto Dwl House 24/.	£ 1.12
1804
June 2	To Whiteg the Office	-.8.-"1

(Ms Papers George Blow, Jurgesen Collection, William and Mary College - copy, Illustration #3)

A study of the Rochambeau Map of 1782 (Research Department, copy) gives two small houses and four dot-like objects to the west of one of these houses - all on the northeast part of the Waller lot. Another version of the Rochambeau Map gives no dots or objects to the west of one small house. As there are no 11 deeds or insurance policies to the property, it is difficult to find any mention of a small out-house or office to the northeast of the dwelling. The Frenchman's Map (1782) shows one small house with three dot-like objects west of the small house. (See: Architects drawing from the Frenchman's Map, Illustration #1) In "Recollections of Williamsburg" around 1861-65 period, Mr. John S. Charles describes a small house near the Waller dwelling in this way: "Near to the front and east [of] this residence was a frame structure one and a half stories high, with dormer windows and close panel shutters. The door was near the ground, and the side of this house was facing Francis Street; and was removed some years ago..." (copy of Charles "Recollections" in Research Department) It is possible that the building described by Mr. Charles was the same building freshened for Robert H. Waller in 1804. It could have been Benjamin Waller's office as the carpenter in making the bill for whitewashing notes the buildings as "your old office."

In January 1805 Robert H. Waller paid Thomas Sands, carpenter, "To putting in 1 pain glas at offis 4½^d To dedlight¹ for d^o 6^d.....£0-0-10½" (George Blow Papers, Jurgesen Collection, W & M College) In this account Sands made changes for Waller such as glazing panes of glass, patching, shingling, "dawmunts", valley boards, cheaking, fitting sashes, lathing...One cannot tell from the account whether this work was done to the office or to the dwelling house. (See: full copy, Illustration #3)

In 1808 (the year of Robert H. Waller's death) considerable changes and repairs were made to his property such as "mending your porch", "repairing press", "Repairs Don to your Kitchen", "syling", "Conner boad", "weatherboarding" "Caising one Doar", "prising up the Cover over the oven and repairing", "repairing the 2 windews up stairs and round" "laying down the old floar", "fixing and mending the old steps". (See: full copy, Illustration #3)

Several items from the will of Robert Hall Waller are given below to show how the property was devised:

"…
I also give unto my s^d Wife¹ during her Widowhood the use and enjoyment of my Houses and Lots in the City of W^msB^g but I mean that my Sons shall be permitted to occupy a part of this Tenam^t, if they choose so to do and board with her untill my Son W^m Hardress attains the Age of 16 yrs.

…
On the 3^d Marriage or decease of my Wife I will & direct that my Houses and Lots in the City of W^msB^g (except the Grave Y^d in the Garden) be Sold and the money arising therefrom to be equally divided between my Daughter & s^d Son W^m Hardress provided they be then living to receive this Legacy.

…
When I direct a sale of my Houses and Lots in W^msB^g I always intended to reserve & except the Grave y^d in the corner of the Garden I direct that my Brothers John & Benjⁿ be applied to in order to join in the expence of inclosing it anew immediately on my decease and in case of their refusal or neglect to bear a part of the Expences attending this work I direct that a strong post & railing be placed around it and that such an Inclosure be afterwards kept up at the expence of my Estate²

…
I do hereby constitute & appoint my Brother Benjamin Carter Waller, my Son Edmun^d Waller and my Son in Law George Blow Executors of this my last Will & Testamt and Guardians of my Son W^m Hardress dated 29th Dec^r 1807

R H Waller (S S)" [Codicil: 1808 Feb. 17th] Date of death March 1808.³ (Jurgesen Collection, W & M College)

The widow of Robert Hall Waller, Martha C. Waller, lived in the house until her death⁴ in April 1816, having had the life-right use of the property according to her husband's will. (Letter of George Blow to Richard Blow dated Tower Hill, April 1816, states that Blow who was Robert Hall Waller's 13 son-in-law, was left "sole Executor."¹ -(Richard Blow Ms Papers, Jeffcott Collection, Box 38, William and Mary College)

Blow as executor decided to sell the Williamsburg property:

"Sussex 5^th Sept^r 1816.
To Prior Hankins Esq^r York Cot^y near WmsBurg

D^r Sir
Yours of 22^d unt^o I have rec^d. In ans^r have to inform you that it is my intention to Sell the Houses & Lots in Williamsbg belonging in coparcenery to W^m H Waller² and my Wife and should be pleased at your becoming the Purchaser.
The price that I had limited to myself when last in Williamsburg was $2000 which I would now take - with some little repairs there is not a more desirable or convenient Residence in the City. ...
Geo Blow"
(Ms Letter Book of George Blow, Jurgesen Collection William and Mary College)

The property was not sold as Blow had intended to do. An account of William H Waller by George Blow his Guardian states: "House & Lots rented to Col Burwell Bassett for $150 p^r Year commencing 22^d of Nov^r 1816 to be put in complete order & enclosed & stable repaired." (Ibid, p. 4)

A nephew of Robert Hall Waller, William, had written to George Blow, executor, on November 4^th asking to rent the house " and I know of none that will suit me so well as the One in which my Grandfather & Uncle resided... I would purchase (as I really think; it ought not to go out of the family) but I am too poor - and I think you really ask much, too much for it. I write to you thus early to prevent its getting into the possession of others - for really, next to the motive of my anxiety to settle myself in the World; my next strongest, 14 is the desire to prevent the floors of the family mansion house from being trodden by the feet of strangers-..."¹ (Jurgesen Collection)

Bassett had made the business bargain of renting the Waller property for Mrs. Euphalia Claiborne. Mrs. Claiborne rented the property in 1817-1820, paying $150 per year. ("Lotts & Houses in Williamsburg In Acc^t with Geo Blow", Jurgesen Collection) In 1816 (September - November) John Goodall rented the house, garden and yard for $25. (Ibid. - Williamsburg Transactions, William & Mary College)

Other improvement to the property was made in 1819: repairing plastering, fireplace, hearth, whitewashing 4 rooms and 2 passages, closet stairs &c. In 1818 an account with John Pearman gives detailed work in digging foundation wall for family graveyard in Williamsburg, number of bricks used, size of wall and type of wall and capping, gates &c. (Illustration #3, copy)

By June 1819 George Blow representing his wife's (Eliza Waller Blow) interest, and William H Waller, his own interest in the property mutually agreed verbally to the following Bargain: 15

[June 1819]

"Geo Blow agreed to Purchase the Houses & Lotts in Williamsburg in William H. Wallers half and William H Waller agreed to sell his half of them or all his interest in them to Geo Blow for Six hundred Dollars - the Right to Vest when the Deeds were executed... the said W^m H Waller giving up his part of All Rents and &c. that are or may be due. and the said Blow agreeing to pay all Expences for Repairs &c. that may be now or hereafter due." (Ms Book George Blow-Williamsburg Transactions Jurgesen Collection.)

The deed to the property was made in James City County February 25, 1820:

"...Between William Hardress Waller of the one Part and George Blow of the other part. Witnesseth that the said William Hardress Waller for and in Consideration of the Sum of Six hundred Dollars by the said George Blow to him in hand paid...Hath Granted-Bargained - Sold....George Blow all his right, Title-Interest Claim and Demand which he hath in or to the Houses and Lotts of Land lying and being in the City of Williamsburg in the Parish of Bruton & County of James City where his said Father Robert Hall Waller dec^d lived, and bounded on the West & South by the Lands of Burwell Bassett, on the East by the Lotts of Lands formerly the property of Robert Nicholson dec^d and on the North by the Street leading to York Town - & which Street divides the Counties of James City & York Co as they run through the City of Williamsburg-...which is given the said Waller by the last Will & Testament of his said late Father Robert Hall Waller dec^d proved and recorded in the County Court of James City..." (Ibid)

The Williamsburg Land Tax Records show that in 1821 George Blow is charged with "1 lot $2000; added on account of buildings $1700-Via W^m H Waller devisee of Ro H Waller dec^d B & S for all his interest in the houses & lots heretofore charged to Patsey Waller dec^d." (Illustration #2)

In 1822 the Land Tax Records indicate that William Waller (grandson of Benjamin Waller and nephew of Robert Hall Waller) had come into the property: "1 lot $2000; bldgs $1700-Via George Blow and wife" (Ibid) Previous to this transfer, negotiations had been in progress in August 1820 between George Blow and William Waller:

Contract between Geo Blow and William Waller for Houses and Lots in Williamsburg.

"It is agreed between William Waller of Williamsburg and George Blow of Sussex, that the said George Sells to the said William, the Houses & Lots in the said City of Williamsburg of which Robert Hall 16 Waller died possessed, and to which the said George has acquired the entire Right. the said George is to give possession to the said William on the twenty third day of November of the present Year; and to give a Deed of Conveyance to take effect on that Day.

The said William Waller agrees to Pay to the said George for the said Tenement, the sum of fifteen hundred Dollars, in his Bond to be on demand on the said 23^d November next.

But if the said Tenement should be destroyed by Fire or other Means before that date, then, the above Bargain is to be void; and the said Bond is to be returned.

Given under our Hands and Seals this first day of August, one thousand eight hundred and twenty.
Geo Blow (Seal)
William Waller (Seal)

Signed sealed & delivered in the presence of Rob^t P Waller
a true copy from the Original
Geo Blow"

(Ms Account Book Geo: Blow Williamsburg Transactions, Jurgesen Collection, William and Mary College)

William Waller held the property until 1834. His estate held the property until 1853 when his nephew, Robert P Waller became the owner: "1 lot $2300; bldgs $2000 Formerly charged W^m Waller" (Illustration #2, Land Tax Records) In 1860 Waller's land tax records show that the lot was valued at $3500; bldgs $3000 Occupied by J. B. Cosnahan" (Ibid)

The Land Book of Williamsburg for the year 1865 indicates that Robert P. Waller is charged in fee with a residence in Williamsburg, the buildings being assessed at $3000 and the land and buildings at $3500. By will Feb. 17, 1866; probated Sept. 9, 1872, Robert P. Waller bequeathed to his wife, Julia Waller, $1000 a year for life in lieu of dower. In clause seven 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 Waller...and I desire my 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 and charge." (Williamsburg Will Book No. 1, pp. 200-3) By a codicil (dated October 27, 1869) the testator revoked the devise to Laura P. Morris and added "I do devise the property mentioned in said seventh clause to my daughter Mary C. Mercer, subject to the same charge to my wife during her life 17 and with the request set forth in said clause."

On June 1, 1885, M. R. Harrell purchased at public auction the property from the commissioners appointed by the court to sell. There had been a suit in chancery which had been in court since May 1873. (Williamsburg Deed Book No. 2, pp. 182-3) Harrell conveyed to R. J. Barlow a part of the property "commencing at the northeast corner of said lot and running in a westerly direction from said street [York] fifty (50) feet, thence south one hundred fifty (150) feet, thence east fifty (50) feet, and thence north one hundred fifty (150) feet to the point of beginning..." (Deed Book No. 4, p. 299) In August 1903, the part of the lot on which the dwelling house stood was conveyed with General Warranty but without other covenants, to Mrs. H. Virginia Morecock and her daughters (See Williamsburg Deed Book No. 4, p. 302)

By deed and agreement of December 17, 1940; recorded March 25, 1941; the Morecock family conveyed to Colonial Williamsburg Incorporated under certain restrictions and agreements. (Williamsburg Deed Book No. 18, p. 520)

Mr. John S. Charles in recalling the appearance of Williamsburg around the period of the Civil War, described the Waller house on Francis Street as follows:

"The last house on the south side of Francis Street and now occupied by the Misses Morecock appears today just like it did when it was the residence of Mr. Cosnahan, the grandfather of Prof. Stubbs.
Near to the front and east, this residence was a frame structure one and a half stories high, with dormer windows and close panel shutters. The door was near the ground, and the side of this house was facing Francis street; and was removed some years ago. This old residence is now known as the Ben. Waller house."
(Charles, Lee, Vandergrift typed Notes in the Research Department, p. 58)

IN SUMMARY:

The earliest primary evidence that Benjamin Waller owned the site in question is a map of William Waller's (1749) which marks the lot, "Mr. Benjamin 18 Wallers Lot", and the tract to the east of the lot is noted as "Mr Wallers Pasture &c." As Waller was married in January 1747 it seems highly probable that a house was erected on the lot around this date. In 1748-49 Waller was selling off lots on the York Road for building purposes. In 1753 Waller's property on Francis Street is noted as adjoining Philip Johnson's lots and near to Benjamin Harrison's property. Again, in 1769 Waller's lots are given as a boundary for Johnson's lots. Several Virginia Gazette notices in the period 1767-1775 describe Waller's site. The Frenchman's Map (1782) shows the Waller house as an L-shaped structure, the long part of the L parallel to Francis Street, the foot of the L running from the street and forming a wing to the house. The Williamsburg Land Tax Records indicate that in 1786 seven lots valued £15:10 charged to Benjamin Waller were put in the name of Robert Waller. Robert Hall Waller was the youngest son of Benjamin Waller. He inherited the property and lived thereon until his death in 1808. During Benjamin Waller's and Robert Hall Waller's tenure certain changes and repairs were made to the house, gardens and graveyard, by Humphrey Harwood, Philip Moody, James Semple, Thomas Sands, Robert Radcliffe, and William Hewlett, John Pearman, Richard Garrett all carpenters and craftsmen. The Rochambeau Map (1782) gives two small houses and four dot-like objects to the west of one of one small house - all northeast of the main dwelling. The College Map (1791?) has "Waller" on the dwelling-house lot, and "R. Waller's Lots" on the tract to the east. The Bucktrout Map shows "R Waller" on the lots. Following Robert Hall Waller's death the property came into possession of his wife, Martha Waller (Patsey), for her life. In 1820 William Waller,a nephew, was the owner. He held the property until his death in 1834; his estate keeping the property until 1853 when Robert P Waller gained possession. Following Robert P. Waller's death the property fell to his daughter Mary C. Mercer. A suit in chancery by members of the family and others made a sale at auction necessary. On June 1, 1885 M. R. Harrell purchased 19 at public auction. In 1903 Harrell conveyed with General Warranty but without other covenants, to Mrs. H. Virginia Morecock and her daughters. In 1941 the Morecock family conveyed the property to Colonial Williamsburg, Incorporated.

The Waller family had owned and lived on the property for at least one hundred and thirty-eight years.

Illustration # 1
Benj Waller House

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

From Frenchman's Map 1782?

Illustration #2 Benjamin Waller House

Illustration #3 - p. 1 Benjamin Waller House

102	Mr Robert Waller Dr
1787 th
April 28.	To 44 bushels of lime a 1/. & underpining porch 6/	£ 2.10.
	To building pair of Steps 10/	—.10.
	To repairing underpining to Cellar-cap 3/	—. 3.
	To 1700 Larthes at 1/6 & 1 bushel of Hair 2/	—.16. 6
	To repairing Larthing & plastering up Stairs	& - do ... plastering below 45/	2. 5
May 5	To white-washing 3 Rooms & a passage up Stairs a 4/6	—.18.
	To do 1 Room & passage below a 4/6	—. 9.
24	To 6 bushels of lime 6/	—. 6.
	To white-washing 3 Rooms - 2 passages - 2 Clossets & a porch a 4/6	1. 7.
	To laying an Harth 2/6 & repairing plastering 2/6	—. 5.
	To working in Window Frames, - painting front underpining & repairing the same 14/	—.14.
	To 2 days labour a 2/6	—. 5
	To
	Carried to Folio 125	10.18. 6

(Harwood Ledger, B, p. 102)

\

125	Mr Robert Waller Dr
1788 th
August 2	To 4 bushels of lime 4/. & underpining Hen House 4/6	£ . 8. 6
	To labour 1/6	1. 6
Nov: 21	To 1 bushel of lime per Ton 1/	1. -
1789	£ 0.11.0
July 17	To 10 bushels of lime 7/6 - 300 hundred Bricks a 2/9	15. 9
	To mending 4. Brickwork of ye Well 8/6	8. 6
Augt 28	To 13 bushels of wheat a 4/6. (by yr Overseer)	2.14.
Octor 17	To 2 bushs of lime 1/6 & setting up a grate 7/6	. 9.
	To 3 bush: of wheat a 4/6
		£ 4.18. 3
		13. 6
		£ 5.11. 9
	By overcharge	2. 6
		£ 5. 9. 3

(Harwood Ledger, B, p. 125)

47.	Robert H. Waller esqr Dr	Cr
1790 th
Octor 20	To ½ bushel of lime 0 4½	£ . 4½
	To 3 pecks of Whitewash 1/	1. -
1791	To Whitewashing 2 Rooms 6/. & Closset 1/6	7. 6
May 8	To 3 pecks of lime 8. & layg porch floor 2/	2. 8
July 7	To Cash in Mr Nicolson's store 2/3	2.3
	(Carried to Folo 57)	£ 0.13. 9½

(Harwood Ledger, C, p. 47)

57	Robert H. Waller Esqr	Dr	Cr
1791	To amount brought from folo 47 Ledg Co)	£ —.13. 9½
Augt 23	To 8 bushels of lime a 9d	—. 6. -
	To 100 Bricks a 2/4 & setting up a Stile 6/	8. 4
1792 29	To a Breast & rack of mutton 2/3	2. 3
Octor 1	To 3 bushs of lime a 9d & whitewash 2/3	4. 6
	To whitewashing 3 Rooms & 3 passages at 3/	18.
1793	To 35 Bricks & taking in the Back 1/10	1.10
Septemr
3
1796
Sepr 1	By William Harwood Est this amount crg on his
	Note of hand to you		2.14. 9

(Harwood Ledger C, p. 57)

10	Robert H. Waller Esqr	Dr	Cr
1790
Septr 3	To 1 days Hire of Nat 4/.	—. 4. -
	To 6 busls Lime a 9d	4. 6
4	To ¼ of a Days Hire of Nat @ 4/.	1. -
	To 1 bushl Lime @ 9d	9
1794 th
Feby 20	To ¼ of a days Hire of Nat @ 4/. & 3 Pecks of Lime a 9d	1. 6¾

(Harwood Ledger D, p. 10)

MS PAPERS GEORGE BLOW (Jurgesen Collection, W & M College)

1805 January th
9 Mr Robert H Waller
To Thomas Sands	Dr
To putting in 1 pain glas at offis 4½d To dedlighht for do 6d	£0-0-10½
To glasing 4 pains glas 1/6 patching do 3d To 2 pains glas 10 by 12	0-4- 9
To 2 pains glas 8 by 10-2/ To 3 Square and 92 feet of shingling a 7/ 27/.3	1-9- 3
To 60 feet of plain Cornish at 3d -15/ To Shingling 2 dawmunts 14/	1-9- 0
To 4 valley bords a 1/3—5 To mending Cheaking 4 sides to downments 4/	0-9- 0
To 1 pain 8 by 10 -1/To glasing 13 pains a 4d —4/4 To fitting 4 sashes 2/	0-7- 4
To mending lathing 1/6 To 1 pain of glas 10 by 12 -1/6 To 1 pain 11 by 9 - 1/3	0-4- 3
£5:8:5½	1-4- 0
Septr th 7 To taking down wash bords 1/6	0-1- 6
Octr th 26 To making Patsy Harris Coffin	1-10-0
	£ 6-19-11½
Cr to the above
1805 July th 6 By Cash 33/ oct the 28
By Cash 30/	3-3-0
	3-16-11½

...Recd this 20th February 1809 the within Acct in full of Geo Blow Exor Thomas Sands

MS PAPERS GEORGE BLOW (Jurgesen Collection, William & Mary College)

1805
Mr Robt H Waller
To Robt Ratcliffe	Dr
To taking down 1 Greate	3.0
whitewashing 1 Room 4/	4.0
March
3 days work at quarter a 6/	18.0
	£ 1.05.0

MS PAPERS GEORGE BLOW (Jurgesen Collection, W & M College)

1808, January 18th
Mr Robert H Waller to Rd Garrett	Dtr
To mending your porch 6/ to repairing press 4/6	£ 0.10.6
To one [?] 1/6 to 4 Conners for winders 12/ and glazing plank 4/	0.17.6
To repairing and fixing Lanton 5/ to Cord screne 3/9	- 8.9
To one half sinKellow [?] tabel 15/	-.15.-
Aprel 20th 1808	£ 2.11.9
To Repairs Don to your Kitchen
To 40 feet of syling 1/ pd 27 feet of Conner boad at /2d	2. 4.6
To repairing weather boarding 12/	0.12.-
4
To Caising one Doar 2/ and [?] syl 1/	-.3.-
To fiting and hanging old Doar 1.6 to 5 feet [?] /3d	-.2.9
To prising up the Cover over the oven and repairing	.4.6
To repairing the 2 windews up stairs and round	9.-
To laying down the old floar 3/	3.-
To fixing and mending the old steps	3.-
To 1 jack plean 3/ to 1 pair Cumpuses 2/3	5.3
To one squeair 3/ to one gaze 1/6	4.6
	7.3.3
October 20th
Mr Wallers Esteate to Rd Garrett	Dtr
For a pair of steps for the hous uptown
To string boards and syl 6/ to 30 feet Inch plank	-.11-
To 11/2 Lb of Nayls 1/6 to making & puting up the steps 15/	.15.-
To Cuting and puting In 12 pains of glass / 4½d.	4.6
To puting In 10 old Dto / 21/2d	.2.1
To Repairing the stabel up Town	-.3.-
	£ 8.18.1

1817 th		Cr	Dr
Februa 15	To Cash paid Richard Garrett for Sundry Repairs of carpenters Work &c pr Acct & Rect		27.48
Februa 26	By Cash Recd of Thos Sands for Rent of the Lot for a crop of corn for the year 1816	10.25
27	By Cash recd of John Goodall for Rent of House Garden & Yard from 20 Sep to 20 Novr 1816 at $150 a Ann: is $25.. and damage done to Enclosures by Family estimated at $5..
		30.-
Novr 27	By Rent of Tenement due this day from Mrs Euphalia Claiborne, and settled for in full by Colo Bassett	150.00
27	To Amot of Account for Repairs to Tenement paid by Mrs Claiborne and discounted from her rent		14.18
Decr 19	To Cash paid Wm Hewlett in full for new Enclosing Garden & Yard, and repairing the Enclosure of Graveyard		160.-
1819
June 14	To city Tax of 1818 on do settled this day with R Coke 3.30
	To do do 1819 on do do this do with do 3.30		6.60
	To Cash paid Jno M. Pearman's A/c for Repairs Plaistering White Washing &c. pr A/c & Rect		39.-
1818
Novr 27	By Rent due this day from Mrs Claiborne	150.-
1819
June	To Amot to balce this Acct carried to the credit of Wm H Waller & Geo Blow in equal Moitie, being the whole amot of Nett income for 2 Years & 4 Months		93.-
		340.25	340.25

5

1819
Novr 22d	By Mrs Euphelia Claiborne for 1 Years Rent due this day 150.-"

Note: In same papers are "Bills of Expenses Taking down Stable & rebuilding it in W^msburg - a bill for a stable & Carage house 22 by 16 ft 7 ft pitch...$119.44" also, "Bill of Expences to Enclose the Garden & Yard at W^msburg - to inclose your garden Except the graveyards..."

M.A.S.

MS ACCOUNT BOOK GEO: BLOW'S WILLIAMSBURG TRANSACTIONS in settling estate of Robert H. Waller & others

page 45
	Settlement with John Pearman 1st August 1820
	Paid in full of Acct rendered Receipted this day vizt
1819 Sept	For Repairs to House vizt
	9 bu Mortar 13/4. and Repairing Plaistering 18/	5.25
	Repairing Fireplace and Laying Hearth	3.50
	White Washing 4 Rooms and 2 passages, a Closet Stairs and 2 passages, a Closet Stairs and Entry	5.63
		14.38
	By deduction allowed	1.13
		13.25
	Paid the proportion from the Estate of Ro H Waller for Enclosure of Brick around the Family Grave Yard in Wmsburg p Bill & Rect of this date vizt
1818 Aug.	Digging Foundation	$ 4.
	Foundation Wall 1f 3 in high 2 Bricks thick & 40 f 4 in each Side or 161 f 4 in long all around.
	Contains 4660 Bricks at $10 p M: for laying & finding Materials	46.60
	Wall 40 f square or 160 f long all round 4 f 4 in high & 1½
	Bricks thick contains 12636 Bricks at $10 p M——is	126.36
	Furnishing and laying 548 Capping Bricks at 4 cts each	21.92
		198.88
	Deduction for Space left for a Gate	3.88
	Amt of Pearman's acct for Enclosure	195.00
	One half paid by Benjn C Waller is $97.50
	and one fourth by John Waller's Est is 48.75	146.25
	leaves Amount for Robert H Wallers Est	48.75
	which I paid John Pearman vizt
	Geo. Blow's proportion pr his Rect	16.25
	Wm H Waller's proportion his Rect	16.25
	Edmund Waller's proportion Pr his Rect	16.25
	Total Amot paid John Pearman 1st Aug	48,75
	1820	62.00

6

[Note: George Blow was guardian to Wm H Waller until 1813; also a brother-in-law]

p. 24
Dr	William H Waller
1820		[$]
Feb 22	To Cash pd you in part pr Rect	70.-
Augst 1	To Cash pd John Pearman your Proportion for Enclosure to Grave yard in Wmsburg	16.25
Contra	Cr
1819
June 15	By Amt of Purchase of your half of House & Lots in Wmsbg to carry Inst from this date	600.-
1820
Feb 22	By Interest	24.66
	By Interest on Balse i e $554.66 from 22d Feby to 1 Aug 1820	9.27

Illustration #4
Benjamin Waller House

An Account and History of the Tazewell Family Written by my Grandfather and copied from his Manuscript—by Littleton Tazewell (Photostat of Manuscript, William & Mary College Archives, Use restricted.)