Colonial Williamsburg Digital Library

LOCATION:

These lots are located on the south side of Francis Street near the Capitol. See: Tyler's adaptation of the College Map (1791?).

IN SUMMARY:

The first known owner of these lots was Mrs. Frances Hubard or her husband, James Hubard (dead 1782). Little is known about this area of Williamsburg as the court records were destroyed during the Civil War. Mrs. Hubard and her seven children lived here until the house was burned in 1797. In 1810 the lots were sold to Benjamin Bucktrout, cabinet maker, who held lots 253-254 at this date. Bucktrout died in 1813 but the property was devised to his wife, Mary Bruce Bucktrout, who owned it until her death in 1834. Richard M. Bucktrout became owner following his mother's death. The property has been in the Bucktrout family or heirs from 1810 to the present time.

The Frenchman's Map (1782) shows two small houses, apparently, at this location. The College Map (1791?) and the Bucktrout Map (1803) both show the numbers, 251 & 252 and "Hubard" on the lots.

[Tyler Map]

Location:

The two lots marked "Hubbard" on Tyler's adaptation of the College Map (1791?) are situated on the south side of Francis Street in Williamsburg. To the south are lots 13, 14, 15, 20, 21, 22, 23, 24 marked "Hubard" and 25 marked "Hubard or Foy."

HISTORY:

These lots were in the James City County part of Williamsburg. Court records covering this property were destroyed during the Civil War period which adds to the difficulty in establishing titles or ownerships.

From available sources it is known that lots 251 and 252 were owned by the estate of James Hubard¹ from 1782, or before, to 1810 when Benjamin Bucktrout became the owner. 2 In 1797 while Mrs. Frances Hubard, widow of James Hubard, was living thereon, her house was consumed by fire. This dwelling was, probably, the one discovered by archaeological excavations in 1941.¹ The western half of these foundations is on Colonial Williamsburg property and the eastern half is on privately owned property which up to the present has never been excavated. A house with outbuildings and gardens are shown on maps drawn during the Revolutionary War period. Later plats of the city show that lots 251 and 252 were owned by Hubard's estate.

Mrs. Frances Hubard was the widow of James Hubard, lawyer in Williamsburg, who owned, also, several lots with houses thereon in the neighborhood of "Green Hill" in the City.² She was the daughter of Joseph Morton, from Yorkshire, England, who represented a distributing group of Yorkshire horse breeders. His horse, Traveller, an imported stud and race horse, was well-known in horse circles in Virginia 3 1748-1757.¹ Mrs. Morton's mother was Frances Colston, daughter of William Colston, of King George County and Mary Meriwether, daughter of Francis Meriwether of Essex County and Mary Bathurst of New Kent County. Mrs. Morton inherited quite an estate from her parents. Joseph Morton married her in 1738. By 1752 they had removed to James City County where he died in 1759.

At the time of the death of Joseph Morton in 1759 his wife (1) was dead and he had married (2) Margaret Beckwith, daughter of Sir Marmaduke Beckwith, clerk of Richmond County 1708-1748. They had six children--all quite small when he died. According to his will Morton mentioned his daughter, Frances Morton, only once when he bequeathed her "all the Negroes now in my possession which lately became so by the death of Mrs Belfeild my first wifes Mother being in number about Twenty two or three with their Increase."² Morton held and paid quit rent tax in James City County on 3450 acres. His estate was paying this tax in 1769.³

Though he left his wife, Margaret, "the use of the house I now live in the Kitchen Smoke house Quarter and Garden during her widowhood," and bequeathed his son 1016 acres in James City County "the Tract of Land I bought of Doctor John Dixon," research has not been able to locate either, nor find if Morton's acreage covered any of the lots owned by the Hubard's in the city.

It is possible that Mrs. Frances Hubard acquired the Francis Street lots via Mrs. Elizabeth Chiswell¹ In 1768 Mrs. Elizabeth Chiswell paid quit rent on 200 acres of land in James City County.² Mrs. Chiswell's property adjoined the Hubard property on Francis Street.

"James Hubard was one of that class of people which during the Revolutionary war were called Tories. He abandoned his Country and went with the British [on board the Bonetta Sloop of War out of Yorktown] Army from Virginia to New York, where he died..."³

In 1782 the first Census, under The City of Williamsburg, shows Mrs. Hubard as having 6 whites and 12 blacks in her family.¹

It is assumed for want of further evidence that Mrs. Hubard continued to live in the "Green Hill" part of the city after her husband fled. In March 1782 a continental soldier from Connecticut who was stationed in Williamsburg wrote his wife: "At present I have diet at a Mrs Hubard's, whose Husband is in New York--I expect a Room & Bed there, after this Evening for our Mr Hubbard & self--Since I came we have been obliged to sleep together in the office on a Matrass on the Floor... "²

In May, 1782 John Blair wrote to Governor Harrison concerning Mrs. Hubard: "In behalf of the widow of Mr James Hubard, who had been allowed without proper authority to leave Wmsburg for New York to see her dying husband, but who desires to return, altho' she had promised not to do so I forbear Sir, to urge in her behalf Arguments of Compassion. I know it is unnecessary. I know that if the 6 Safety of the Public, should in the Opinion of the Hon'ble Board make it their duty to reject this Application, the Feelings of Humanity will still play their Part in private and need no Prompter.

If the opinion of the Count de Rochambeau may have any weight, I am authorized to say, that he apprehends no Danger from the Indulgence of Mrs. Hubard's request."¹

The application of Mrs. Hubard's to return to Williamsburg was, evidently, granted. On July 16, 1782 she sold her lots near "Green Hill" to Joseph Prentis describing them as "in the neighborhood of James Wray and James Carter which said lots were purchased of Richard Bland & Robert Beverley and recorded in the General Court on November 4, 1762."²

The Frenchman's Map of Williamsburg (1782) shows two small houses, apparently, at this location.³

Looking into the Williamsburg Land Tax records which began in 1782 we find "James Hubard's Estate ---- 8½ lots ----£8.10.-."¹ If we assume that the 8½ lots were those in the "Green Hill" area, these remain the same until 1786 when "Jas Hubard's est ---- 18 lots ----£18." is charged. The confusion grows for Joseph Prentis had purchased 8½ Hubard lots in 1782 which seems to indicate that he had not entirely paid for them as they were still held in 1786 in the name of the Hubard estate.² If the 8½ lots have 10 lots (on Francis Street marked "Hubard") added, we arrive at the 18 lots charged to Hubard's estate in 1787.³

Hubard's estate owned property in York County at this date:

Ordered John Minson Galt Gent, Humphrey Harwood, and William Moody do allot set apart and assign unto Frances Hubard widow and Relict of James Hubard dec'd her Dower in the Lands and Tenements lying in the County commonly called and known by the name of the Vineyard whereof the said James Hubard in his lifetime was legally seised and make a report thereof to the Court.⁴

Hubard's estate continued to own the 18 lots until 1801 when the lots became 10. In 1801 the valuation for tax purposes changed from $15 to $5. In 1805 Hubard's estate owned only 9 lots. In 1807 it owned only 6 lots. In 1810 Benjamin Bucktrout held 6 lots via Hubard valued at $30.¹

As to Personal Property: Frances Hubard owned "13 slaves, 4 horses and 3 cattle" in 1783. By 1788 she had only "5 slaves and 1 horse." By 1800 Mrs. Hubard owned only "3 slaves."²

There is no data extant which gives any interpretation as to her financial condition or life in the city other than the Land and Personal Property Tax records until 1797 when a fire consumed her dwelling and all contents:

WILLIAMSBURG, April 5

Yesterday between 4 and 5 o'clock in the afternoon, a Fire broke out in the dwelling house of Mrs. FRANCES HUBARD of this town, which in a little time was entirely consumed: Fortunately however, most of the furniture was saved; though not without sustaining considerable injury. The 9 situation of this unfortunate lady, who has not so much as a comfortable dwelling left her, must be sincerely lamented by all who compassionate the unfortunate and sympathize with the distressed. Never did the voice of humanity cry aloud for the relief of the distressed more than on the present occasion. Such were the feelings of those who beheld the melancholy spectacle, who saw an unfortunate woman, the mother of many children, deprived of her only security against the inclemencies of the weather, that a subscription was instantly handed about to alleviate her misfortune. But alaw! the loss was too great to be easily repaired. It is however much to be wished, that all who feel for the misfortunes of others, but particularly those who, either from connexion or subsisting intimacy, are concerned for the welfare of the unfortunate Mrs. Hubard, will, without hesitation contribute to her relief. A more worthy occasion never urged a compliance with the duties of humanity.

The Printer is most earnestly requested to receive all Contributions which may be made for the relief of Mrs. HUBARD, and to convey them safely to the Rev'd. John Bracken of Williamsburg.¹

Mrs. Ann Banister who was visiting in Williamsburg wrote to Mrs. Mary Prescott on April 6th concerning the fire at Mrs. Hubard's:

April 6th 1797

…
I have this moment return'd my dear Sister, from a melancholly visit to the unfortunate Mrs Hubard! who to add to all her woes - had her house yesterday afternoon consumed by fire --- her furniture saved from the flames, but broken to peices; Fanny was to have been married to day to a Mr Sinclair -- but she is ill at Mrs Hunts --quite delirious I am told -- part of the few 10 cloaths they possessed stolen, or burnt -- but the worthy inhabitants ... have already subscribed for their relief 600 dollars -- and it is intended the Ladies are to make a collection of necessary apparel for them …¹

On April 30th, Mrs. Peachy Wills of Williamsburg, the town gossip, wrote to Mrs. John Coalter, Staunton, relating the city news:

[April 30, 1797]

… an abundence of occurrences have pas'd since my last, such as yes fire, of Mrs Hubbards house & how much benefit has arisen to her from so shocking a circumstance, for instance the facilitating her Daughters Marriage, which I have understood was not to have taken place so soon, and so large a subscription made up in a few days as to raise her spirits to great Joy and comfort beside the addition of [illegible] many unknown behests arriving to her hand from nameless persons, so that upon the whole, what seem'd a great misfortune, has turn'd out a great benefit,...²

The Bucktrout Map (1807) shows no houses on Lots 251 or 252 but has numbers and "Hubard" thereon. Tyler's adaptation of the College Map has the same marks.³

In 1810 Benjamin Bucktrout,¹ cabinetmaker, was owner of Lots 251, 252, 253, and 254.² Following his death in 1812 his widow, Mrs. Mary Bucktrout became owner by devise. She owned, also, additional lots towards the south.³

By the death of Mrs. Bucktrout in 1834, Richard M. Bucktrout, her son who was a carpenter and coffin-maker and undertaker, acquired the property. Bucktrout or his heirs owned the property from 1834 up to the present time.

According to a report of Orin M. Bullock, Architectural Research Office, of date, December 19, 1958: "Report on Colonial Lots 251-252-253" under "Specific Information Available," there are these accounts:

"Lot 251 The Foster Gift Shop

Starting under the southwest corner of the existing modern building, about 40' south of the Francis Street building line, and running west onto the Chiswell site, lie the foundations of an 18th century brick building (Hubbard House) approximately 23' x 64'. (See Exhibit VIII.) The portion of this building which lies on the Chiswell house site was excavated in 1941. (See Exhibit IX.) 12 The remains indicate that the Hubbard House was "in the best style of the period" (mid 18th century) since fragments of dressed stone, marble, rubbed and gauge brick were found in the filling of the brick paved basement. The records seem to indicate that the building was destroyed by fire in 1797. (See Exhibit III, Bldg 1 ... ) Near the southeast corner of the main portion of the existing Foster Gift Shop is another portion of 18th century brick foundation. (See Exhibit VIII) ....

Mrs. Haughwout recalled that the first Methodist Church, which was "hardly more than a shack" stood on this lot when she was a child. (c. 1860)

Lot 252 The Homeplace

Mrs. Haughwout recalled that the existing building on this lot was originally a small story and one-half structure. Because it was so small, they [the Braithwaite family] used the kitchen on the lot next door (to the east). The well was southwest of the house, Mrs. Haughwout said.

The Misses Morecock recalled that east of the Chiswell house there were numerous buildings. "The building now owned by Mrs. Haughwout was changed many times and that at one time some of the material of the small building to the east, mentioned by Mr. Charles as owned and lived in by Mr. Dick Braithwaite was incorporated in it."

Using the same reference point on the Frenchman's map as suggested above, this also could be one of the buildings shown thereon.¹

The property is now owned by the heirs of Benjamin Bucktrout.

HUBARD: Williamsburg.

Arms: Sable an estoile of six points, in chief a crescent argent between two flaunches ermine.
Crest: A Sagittarius statant.
Motto: Fortis et fidelis

The above arms are on a book-plate of James Hubard of the city of Williamsburg and are pasted in a book which was printed in London in 1735.¹ The arms are in pale, in the dexter being an unidentified coat, viz.: "Argent upon a chevron gules between three pheons sable, five mullets of the field." The Hubard quartering is somewhat similar to Hubbard of the county of Durham.
Virginia Heraldica..., William Armstrong Crozier, ed., (Baltimore, 1953) p. 22.

COLSTON: Richmond County

Arms: Argent between two dolphins haurient respecting each other, an anchor, all ppr.
Crest: A dolphin embowed ppr.
Motto: Go thou and do likewise.

William Colston was a son of William Colston, Sheriff of Bristol, Eng., and came to Virginia about the middle of the seventeenth century. He had a son William, whose will dated 27 Oct., 1701, was probated on 3 Dec., 1701, in Richmond County. In it he mentions his sons, William and Charles, daughter, Susannah, son-in-law, Thomas Beale, and wife, Anne, decd. His wife, Anne, was a daughter of Major William Gooch of York county, who died in 1655, and she married, first, Capt. Thomas Beale. William Colston, 3rd, had a daughter, Mary, who married John Smith, and a daughter, Frances, who married Joseph Morton of James City county. Charles Colston 19 died in 1724, and married Rebecca, daughter of William Travers, and had a son, Travers Colston, born about 1712, who married, lst Alice Corbin Griffin, and, 2nd, Susan Opie Kennon.
Ibid., pp. 65-66.

BECKWITH: Richmond county

Arms: Argent a chevron between three hind's heads erased gules.
Crest: An antelope ppr. in the mouth a branch vert.
Motto: Joir en bien.

Sir Marmaduke Beckwith, Baronet, of Aldborough, Yorkshire, was born there in 1687. He was the son of Sir Roger Beckwith and Elizabeth Jennings. Elizabeth was the daughter of Sir Edmund Jennings, Knt., of Ripon and his wife Margaret, daughter of Sir Edward Barkham, Knt. and Bart., of Middlesex.

Sir Marmaduke settled in Richmond county, of which he was clerk and died at an advanced age. His known children were: (1) Jonathan, married Rebecca Barnes; (2) Tarpley, born 2 Oct., 1718, died 7 Nov., 1728; (3) Elizabeth, born 15 Oct., 1723, died 7 April, 1726; (4) Margaret, born 27 July, 1725; (5) Mary, born 12 June, 1727; (6) Rebecca, married Major John Bellfield; (7) Marmaduke, married Sybil, daughter of Major Elsie. One of the daughters, either Mary or Margaret, married Joseph Morton of James City, gent. This is proved from a deed dated 20 Dec., 1756, from Sir Marmaduke Beckwith of Richmond county to his son-in-law, Joseph Morton.
Ibid., p. 72.

MERIWETHER: Albemarle county

Arms: Or three martlets sable, on a chief azure a sun in splendor ppr.
Crest: An arm in armor embowed, in the hand a sword argent, hilt and pommel or, entwined with a serpent vert.
Motto: Vi et consilio.

The immigrant ancestor of this family was Nicholas, who was thought to have been born in Wales. He died in 1678, leaving issue, four sons: (1) Nicholas, born 1647, married Elizabeth, daughter of David Crawford of New Kent, by whom he had issue, nine children. He was a vestryman of St. Peters, New Kent, from 1685 to 1698. (2) Francis, married Mary Bathurst, daughter of Lancelot, and granddaughter of Sir Edward Bathurst. (3) David, married and had issue, one son. (4) William, married Elizabeth, 20 daughter of John Bushrod of Westmoreland county. (5) Thomas lived and died near Tappahannock, Essex county, his will was probated in 1708. The descendants of the above settled in what is now Albemarle county.
Ibid., pp. 106-107.

BATHURST: New Kent county

Arms: Quarterly, 1st and 4th Sable two bars ermined, in chief three crosses patee or. 2nd and 3rd gules a chevron between three lances argent.

The immigrant was Lancelot Bathurst, who was in New Kent county in 1683. In 1688 he was clerk of the committee of Private Causes in House of Burgesses, and in 1698 served as High Sheriff of New Kent. He was the 5th son of Sir Edward Bathurst and his 2nd wife, Susan Rich, of Cranbrookf Kent. The name of his wife is unknown. He had issue, a daughter, who married prior to 1704, William Tomlin; Mary, who married prior to 1704, Francis Meriwether; Susan, married Drury Stith; Lawrence, who d.s.p. in Essex county. His will dated 29 Dec., 1704, prob. 11 Feb., 1705, mentions his above named sisters.
Ibid., p. 12.

GOOCH: York county

Arms: Paly of eight, argent and sable, a chevron of the first between three greyhounds of the second, spotted of the field.
Crest: A greyhound passant argent, spotted and collared sable.

The above arms are on the tomb of Major William Gooch, at Temple Farm, York county. They are those of Gooch of Norfolk. William Gooch represented York county in the House of Burgesses in 1654, and 31st of March, 1655, he was one of the Counsellors. He died 29 Oct., 1655, leaving a daughter Anne, who married Capt. Thomas Beale, and probably a son, William. In the York records we find that Henry Gooch was Supervisor of the estate of Major William Gooch. Henry was Justice and Lieut.-Col. of York, and about 1661 married Millicent, widow of Robert Kinsey.
Ibid., p. 34.

Frances Morton was the daughter of Joseph Morton (1715-1759) of Richmond County and James City County and Frances Colston Morton, daughter of William Colston of King George County (d. 1721) and Mary Meriwether Colston (d. 1752). Mrs. Hubard was kin and connected to the first families of Virginia: Gooch, Beale, Bathurst, Beckwith, Jennings, Belfield, Meriwether, Mountjoy, etc. (See genealogical chart.)

Mrs. Morton's father was a Burgess from James City County 1756-1758. He was the son of Captain John Morton of Richmond County and Mary Mountjoy Morton. Joseph Morton became a distributing agent for a group of Yorkshire horse breeders. Traveller, an imported stud and race horse, was owned by Morton from 1748-1757. "He was bred by Mr. Crofts at Raby in Yorkshire (who was the fortunate breeder and owner of some of the first horses in England) and was got by his famous horse, Partner, grandsire of King Herod. The dam of Traveller was by Bloody Buttocks (an Arabian) ... Traveller sired horses owned by Thomas Mann Randolph, Robert Skipwith, John Hartwell Cocke, Richard Lee, Littlebury Hardyman, Secretary Thomas Nelson, Lewis Burwell and James Southall."

Following his marriage to Frances Colston c. 1739 Morton continued to live in Richmond County or King George County. In 1742 he owned two lots, #25 and 26, at Leeds Town. Following the death of his mother-in-law, Mary Meriwether Colston in 1752, Morton began to sell off tracts of land in Richmond and King George Counties stating in the deed to some that the acreage "now in possession came by his marriage with Frances Colston his first wife." (Morton had married Margaret Beckwith, daughter of Sir Marmaduke Beckwith as his second wife.)

By 1751 Morton had bought land and removed to James City County. He acquired a tract in James City County of 1016 acres from Doctor John Dixon. He notes in his will: 22 (May 18, 1758) "...to my young Son not yet christened ... the Tract of Land I bought of Doctor John Dixon containing about one thousand & Sixteen acres in the County of James City..." Morton's will was filed in James City County but the records were burned during the Civil War. However, a copy is on file in King George County. (See: full copy following.)

Frances Morton, only child of Joseph Morton and Frances Colston Morton married c. 1760 James Hubard, a lawyer of Williamsburg. Morton remembered her daughter in his will thus: "I give to my Daughter Frances Morton all the Negroes now in my possession which lately became so by the death of Mrs Belfeild [sic] my first wifes Mother being in number about Twenty two or three with their Increase to her and her heirs forever..." (Mrs. Colston had married (2) Thomas Wright Belfield of Richmond County.) Mrs. Hubard had two half brothers, William Jordan Morton and one "not yet christened [1758]" and four half sisters: Molly, Betty, Mary and Margaret. Their mother was Margaret Beckwith.

Frances Morton Hubard's great grandfather, Francis Meriwether, was the first clerk of Essex County and a Burgess 1706-1712; her great grandfather, William Colston, was clerk of Richmond County and Burgess 1692-1699; her great great grandfather was Col. William Gooch of Yorktown, and her great great grandfather, Lancelot Bathurst, was Burgess of New Kent County and high sheriff there.

In 1762, shortly after his marriage, "James Hubard acquired some lots in Williamsburg in the Neighborhood of James Wray, and James Carter Gentleman which said Lots were purchased of Richard Bland and Robert Beverley [trustees] Gentlemen..." Hening's Statutes, volume 7, pp. 636-638 noted that Hubard had 6 lots which he purchased of Richard Bland and Robert Beverley in November, 1762. (see: House History of Cocke-Jones House, p. 15, Research Department and Hening's Statutes.)

Hubard became a Loyalist or Tory. In early 1782 he fled to New York on board the Bonetta Sloop of War in a very low state of health. He had been a Loyalist since 1776 and for some months prior to going to New York had been in prison. He left behind a wife and seven children. The children were: Morton, James (born 1765), 23 Mathew (born 1766), Meriwether (born 1768), Frances, who married Robert St. Clair, Elizabeth who married Col. John Bowyer, and Charlotte. All were under age except Morton when the father died in 1782 in New York.

Mathew Hubard, a lad of 14 or 15, evidently accompanied his mother to New York when notified that James Hubard, the father, was dying. In 1783 James Minzies formerly Secretary to Governor Dunmore and Auditor of Accounts for His Majesty's Revenue, had gone to London. There he put in a claim of Mathew Hubard orphan of James Hubard, lawyer and judge advocate of Admiralty Court. He stated that Mathew the eldest but one only 15 years of age ... went to New York where he arrived 3 days after his father's death and went to England with James Minzies where he wished to join the British Army. In July, 1783 Minzies put in a Claim for £147.8.11 to Governor Dunmore "for Matthew Hubard an orphan whose Father lost both Life and property in support of His Majesty's Government in America." Included in this claim was a bill "for board, lodging, washing and other expences while in my care at New York." Doubtless Mrs. Hubard put in claims for herself and for the other children. So far research has not found in the Loyalists Papers any mention of the possible claims.

Judging from the family connections of Mrs. Hubard prior to her marriage, one would make this interpretation: Mrs. Hubard when she married James Hubard was quite wealthy or at least in good circumstances and apparently, her husband, was dependent on his law for income. As he joined with the Tories against his countrymen, his property was confiscated--which meant his wife's property, as a husband came into possession of his wife's property on marriage. Thus, it is understandable that Mrs. Hubard who was left with seven children in 1782 and deprived of most of her property would be in almost needy circumstances in 1797 when her house burned to the ground on Francis Street.

The exact date of Mrs. Hubard's death is not known. It was probably in 1800 as there was no personal property tax against her after that date.

Sources used in compiling this biography:

King George County Records:

• Order Book 1751-1765 (Will of Joseph Morton)
• Deed Book 3 (1747), p. 208 (Mrs. Morton's acreage of 1246).

Richmond County Records:

• Deed Book 11 (1750-1757) pp. 123, 437
• Will Book 4, p. 198 (Will of William Colston 1721)
• Wills & Inventories (1699-1709) Will of William Colston 1701)

York County Records:

• Orders, Bonds #5 (1784-1787) p. 525.
• James City County Tax Lists (M-1-47 and M-1-48 CWI)
• Marriages of Richmond County (1668-1853) by George H. S. King
• The Beale Family of Virginia by F. B. S. Hodges
• Swem's Virginia Historical Index
• Virginia Gazette
• Virginia Gazette Day Book
• The Lewis Family of Virginia
• The Record of Bruton Parish Church by Goodwin
• Heads of Families... Williamsburg 1782 (1st Census)
• The Equine F.F.V.'s by Fairfax Harrison (1928)
• PRO TR 1/584-609 T 1, p. 592; PRO AO 13/31 SR 2395 (M-489)
• Southall Papers, Ms., William and Mary
• College House History, Cocke-Jones Lots, Block 31, Research Dept.

Richmond County Records
Deed Book 11 (1750-1757)
p. 437

[Dec. 15, 1756]

Whereas the within named Sir Marmaduke Beckwith at the special Instance and request of his son in Law Joseph Morton of the County of James City hath lent the said Joseph Morton£500 Stg. for which sd sum the sd Sir Marmaduke Beckwith hath drawn Bills of Exchange payable to me the subscriber one of the securities of sd Morton on Lawrence Butler of London, Gent.

Ibid. p. 124

Morton's discharge to Beckwith:

Dec. 15, 1756

I do hereby certify that I have accepted of the loan of£500 Stg for 4 years clear of Interest with£500 before paid me by Sr M: Beckwith Bart. in full satisfaction for the fortune I was to have had with his Daughter and do hereby give him a full & absolute discharge for the same ...

Jas. Morton
John Champe
John Stretch
Richd Taliaferro

Virginia State Library
Reel 25
King George County
Order Book 1751-1765

[May 18, 1758]
...

We agree the said Joseph Morton hath Since departed this life Sometime in the year one thousand Seven hundred and Fifty nine having first made his last will and Testament in these words I Joseph Morton of the County of James City Gent do make this my last will as followeth I give to my Daughter Frances Morton all the Negroes now in my possession which lately became so by the death of Mrs Belfeild my first wifes Mother being in number about Twenty two or three with their Increase to her and her heirs forever upon this Condition nevertheless that She Suffer my Excors hereafter named to have the use and profits of the said Slaves and their Increase until the twentieth day of Decemr in the year one thousand Seven hundred and Sixty for the Benefit of my Estate when it is my will that they be delivered up to her cloath'd and that She pretend no right to the said Slaves unless under this my will nor make any demand for their use or profits whilst I have been possessed of them but give my Excors a full and ample acquittance and discharge against any Such Claim and in case of refusing or failing so to do when of age and thereto required I give the said Slaves & their Increase to my son William Jordina Morton and his heirs forever and to my said Daughter Frances one Shilling only I give to my four Daughters Molly Beckwith Morton Betty McCarty Morton Lucy Butler Morton & Margaret Sydenham Morton & their heirs forever all that Tract of Land at the Mountains in Orange County (two acres Excepted to be Equally divided amongst them as Conveniently as may be by my Exrs hereafter named or by Such Other person or persons as they Shall appoint & if any of my said Daughters Should die leaving no lawfull Issue living at her death then that the Survivors of them and their heirs Shall have the part of the said Daughter so dying equally to be divided amongst them I give to my son William Jordon Morton one 28 acre of the land above Excepted in Orange County to him and his heirs forever I give to my youngest Son not yet christened the Other acre of the said Land above excepted in Orange County to him and his heirs forever I give to my said four Daughters Molly, Betty Lucy & Margaret and my said two Sons and their heirs forever all the Slaves and their Increase Settled by my Marriage Contract on my Wife for her life equally to be devided amongst them as my Excors Shall think Just & Equitable I give to my young Son not yet christened and to the heirs of his body lawfully begotten the Tract of Land I bought of Doctor John Dixon containing about one thousand & Sixteen acres-in the County of James City and in default of Such Heirs to my Son William Jordon Morton and the heirs of his Body lawfully begotten and in default of Such Issue to my Daughter Molly Beckwith Morton and the heirs of her body lawfully begotten forever I give to my Son William Jorden Morton and to his heirs lawfully begotten of his Body forever all the Residue and Remainder of my Estate of what kind Soever after the payment of my Just Debts and in default of Such Issue to my young Son not yet christened and the heirs of his body lawfully begotten and in Default of Such Issue I give the Land to my Daughter Betty McCarty Morton and the heirs of her body lawfully begotten forever the Negroes and personal Estate in case neither of my Sons Shall leave Issue of their Bodies living at their deaths I give in equal portions among all my Surviving Children by my present wife and their Legal Representatives my wife having joined with me in a conveiance to Mr Benjm Waller of the Lands and Slaves Settled on her to Certain Trusts therein mentioned in Consideration of the said Conviance besides the provision therein made for her I give her the use of the house I now live in the Kitchen Smoke house Quarter and Garden during her widowhood and I direct that my Excors annually lay in provisions very Sufficient for my Daughters if She thinks proper to keep them with her which I am desirous She Should as long as She remains my widow and no longer Should She Marry I desire my said Daughters may be dispersed among Such of my Friends as will take them and I hope I have Such as will not Suffer them to be under any Father in Law as it is so much against my inclination as to my Sons at five years old at furtherest I would have them put under a carefull Master be the Expence what it will and kept close 29 to Study till a Judgment can be formed of their Capacities & what ever they Shall be found fit for let them be bound to but I desire that neither of them be made a Parson tho I revere a good Clergyman as often as I meet one let my sons I say be Kept close to Some Study Business or Trade rather than be Suffered to run at large a Doctor of Phisick is a very usefull person and a prospers profession for any one that has an Estate in Negrois My further is that to enable my Excors to Settle my affairs pay my Just debts and educate my Sons they may have and I do hereby give them and the Survivors of them full power and Authority to receive the profits of my Estate and to Sell any part thereof either Lands Negroes or personal Estate notwithstanding any thing in this my Will to the Contrary as they Shall Judge most convenient for the purposes afd and the Interest of the Estate I do hereby appoint Colo Presley Thornton Capt William Brockenbrough Jonathan Beckwith Esqr Mr Lawrence Butler & Mr Samuel Apperson Executors of this my last will and Testament and Guardian to my Children earnestly entreating them to take on them the Charge In Testimony that this my last Will I have hereunto set my hand and Seal this Eighteenth Day of May one thousand Seven hundred and Fifty Eight.

Jos. Morton (Seal)
…

M-489
PRO AO 13/31
SR 2395

To the Right Honble the Lords Commissioners of His Majesty's Treasury.---
The Memorial of James Minzies in behalf of Matthew Hubard, the Orphan Son of James Hubard late of Virginia Esqr decd ---
Humbly Sheweth

That James Hubard Esquire a Native of Virginia was possessed of a very ample Fortune, besides his practice as an eminent Lawyer and Judge Advocate of the Admiralty Court, and being most warmly attached to His Sovereign and the British Constitution, he was cruelly persecuted from the earliest period of the Rebellion. His Estate wasted by double and thriple Taxes, and himself imprisoned, untill an opportunity offered of joining the British Army under Earl Cornwallis, which he readily embraced, and remained with his Lordship till the surrender at York Town, when he was sent privately on Board the Bonetta Sloop of War and conveyed to New York, in a very low and weak State of health occassioned by a disorder he had contracted in the Garrison at York Town, which, with the anxiety of mind he laboured under, put a period to his Life in May 1782, leaving behind him a Wife and eight small Children, the above named Matthew being the oldest but one, and then only fifteen years of Age, and who anxious to follow the fortunes of his Father had made his way through the Rebel Country, from Williamsburg in Virginia to New York, where he arrived three days after his Fathers Death. Your Memorialist being then at New York with the Earl of Dunmore, who was well acquainted with the Loyalty and real worth of Mr Hubard and Commisserating the Forlorn state of his Orphan Son, committed him to the care of your Memorialist to bring him to England, where his Lordship proposed providing for him in the Army, that being the line in which the Young Man wished to be placed. --- But your Memorialist finding that there is now little prospect of providing for him in that 31 way but by purchase, most humbly hopes, that in consideration of the great Misfortune the Young Man has met with in the Loss of his Father and property, that your Lordships will enable your Memorialist to procure a Commission for him, either by purchase or otherwise, and to fit him out for the Army in which he wishes so much to be placed.

James Minzies
London 4th July 1783

This Indenture made the first day of November in the year of our Lord One thousand seven hundred and seventy four. Between Philip Ludwell Grymes Esqr. of Brandon in the County of Middlesex and Judith his Wife of the one part, and James Hubard of the City of Williamsburg of the other part. Witnesseth that the said Philip Ludwell Grymes Esqr. and Judith his Wife for and in consideration of the sum of six hundred pounds Current money of Virginia to him in hand by the said James Hubard at or before the ensealing and delivery of these presents, the receipt whereof he doth hereby acknowledge, and thereof doth acquit the said James Hubard his Executors and Administrators, have and each of them hath granted, bargained, sold, aliened, released and Confirmed and by these presents do grant, bargain, sell, alien, release and Confirm unto the said James Hubard his heirs and assigns forever, all that Messuage or Brick dwelling House situate on the South side of Francis Street in the City of Williamsburg, also three Lots of land on which or one of them the said dwelling House standeth and which said Lots of Land are discribed in the plan of the said City by the figures 252. 801. and 253 and all houses outhouses buildings on the said Lots, or on either of them now standing or being and a seat or pew in the South Gallery of the Church of Bruton in the said City usually occupied by the family of the said Philip Ludwell Grymes Esqr. together with all Commodities, emoluments, profits and appurtenances whatsoever to the said granted Messuages and Lots of Land belonging or in any wise appertaining or therewith usually occupied, used, or enjoyed, or accepted reputed taken or known to be part or parcel thereof, and also all that tract or parcel of Land, situate lying and adjoining to the South of the three above granted Lots which was lately the Property of Philip Johnson, and bounded on the West by the lots of Richard Adams, and William Acrill Esqures, on the East by the lot of Benjamin Harrison Esqr. and on the South by the Street Laid off by the said Johnson, with all Houses thereon and also the reversion and reversions, remainder and remainders, rents and Services of the said premises, and of all and every part thereof with all the estate right, title, Interest, Claim and demand whatsoever of him the said Philip Ludwell Grymes and Judith his Wife, of in and to the said Messuage 2 dwelling house and premeses and every part and parcel thereof. To have and to hold the said Messuage and dwelling House and all and singular the said Lots and premeses above mentioned and every part and parcel thereof with all the appurtenances unto the said James Hubard his heirs and assigns to the only proper use and behoof of him the said James Hubard his heirs and assigns forever. And the said Philip Ludwell Grymes for him and his heirs, the said Messuage or dwelling House and premeses, and every part thereof, against him and his heirs, and against all and every other person and persons whatsoever to the said James Hubard his heirs and assigns, shall and will warrant and forever defend by these presents. And the said Philip Ludwell Grymes for himself and his heirs doth Covenant and agree with the said James Hubard his heirs and assigns that he will sign seal and execute any other Instrument of writing for the further Conveying and assuring the said Messuage or dwelling House and all the premises hereby granted unto the said James Hubard his heirs and assigns as he shall be desired for that purpose. And the said James Hubard doth covenant and agree for himself and his heirs and assigns to and with the said Philip Ludwell Grymes that he and his said Wife shall have free Liberty and permission to sit and use the seat or pew hereby granted to the said James Hubard in the Church of Bruton. In Witness whereof the parties to these presents, have subscribed their hands and affixed their Seals, the day and year above written.

Philip L Grymes SL
Judith Grymes SL

Sealed and delivered
in presence of
Thos. Nelson Junr., J. Ambler
Wm Rynolds, Thos. Everard

George the third by the Grace of God of Great Britain France and Ireland King defender of the Faith &c. To Thomas Nelson Junr. Jacquelin Ambler and William Rynolds Gent. Greeting. Whereas Philip Ludwell Grymes and Judith his Wife by their certain Indenture of bargain and sale bearing date the first day of November 1774 have sold and conveyed unto James Hubard the fee simple estate of five Lots of Land with the appurtenances, lying and being in the City of Williamsburg in the County of James City of which said Lots three are discribed in the plan of the said City of Williamsburg by the figures 252. 801 and 253, and whereas the said Judith cannot conveniently travel to our General Court of this Dominion to make acknowledgement of the said conveyance Therefore we do give unto you or any 3 two or more of you power to receive the acknowledgement which the said Judith shall be willing to make before you of the conveyance aforesaid, contained in the said Indenture which is hereunto annexed, and we do therefore Command you that you do personally go the said Judith and receive her acknowledgement of the same and examine her privily and apart from the said Philip her husband whether she doth the same freely and voluntarily without his persuasions or threats and whether she be willing that the same should be recorded in our said General Court and when you have received her acknowledgement and examined her as aforesaid that you distinctly and openly Certify us thereof in our said General Court under your Seals sending then there the said Indenture and this Writ. Witness John Earl of Dunmore our Lieutenant and Governor General at Williamsburg the first day of November in the fifteenth year of our Reign.

Ben. Waller

By Virtue of this Writ. We did go to the within named Judith and examined her privily and apart from Philip Ludwell Grymes her husband, and before us she acknowledged the Indenture annexed to be her act and deed and declared she did the same freely and voluntarily without the persuasions or threats of her husband and that she was willing the same should be recorded in the General Court. Certified under our hands and seals this 4th day of February 1775.

Thos. Nelson Junr. SL
J. Ambler SL

Virginia to wit
At a General Court held at the Capitol the 17th. day of April 1775. This Indenture was proved by the Oaths of Thomas Nelson Junr. William Rynolds and Thomas Everard Witnesses thereto, and together with the commission annexed, and the certificate of the execution thereof, ordered to be recorded.
Teste
Ben. Waller C.G.C.

A Copy,
Teste
Peyton Drew C.G.C.

[endorsed]
1775 Book 29, page 637
Grymes & Wife
to Copy Deed
Hubard

Mr. & Mrs Grymes were well known residents of Middlesex and Genl. Thos. Nelson & Mr. Ambler inhabitants of York and magistrates of York County
Swann vs Seldon

Extd. by deft.
W. C. Seldon
Octo: 11: 1830