Colonial Williamsburg Digital Library

Illustration #1

Deed of Philip Ludwell Grymes to James Hubard

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 bath 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 page 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.

Sealed and delivered in presence of Philip L Grymes SL
Judith Grymes SL
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 page 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 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
Payton Drew C.G.C.

[endorsed]

1775 Book 29, page 637

Grymes & Wife
to ~ Copy Deed
Hubard

Fee per deed 1.57
" Commn 52
$2.09

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

Source:
Loose Papers, Fredericksburg District Court.
submitted by George H. S. King
1303 Prince Edward Street
Fredericksburg, Virginia 22401
11 August 1967

Colonial Lots 251--252--253 Block 2
South Side Francis Street

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.

Research has discovered no deeds or documentary data which would indicate ownership of these lots prior to c. 1782.

From available source materials we know that lots 251 and 252 were owned by the estate of James Hubbard from 1782, or before, to 1810 when Benjamin Bucktrout became the owner. In 1797 while Mrs. Frances Hubbard, widow of James Hubbard, was living on these lots her dwelling burned. This dwelling was probably the one discovered by archaeological excavations in 1941. The western half of these foundations are on Colonial Williamsburg property, and the eastern half is on privately owned property which has never been investigated archaeologically.

Colonial Lot 253 was probably owned by the estate of James Hubbard from 1762, or before, to 1796 when it appears that Benjamin Bucktrout became owner, and if this reasoning is correct, was sold to Richard Randolph in 1793. By 1801 it appears that Benjamin Bucktrout was again the owner.

Benjamin Bucktrout and his descendants owned these three lots from 1810 until 1898. (No research has been made beyond this date.)

The Hubbard 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 Hubbard and lot 253 was owned by Bucktrout.

From recollections of several older citizens of Williamsburg it appears that in the latter part of the 19th century there were several small buildings on these lots. These buildings could have been either 18th or 19th century, and it is possible that some of these buildings could have been incorporated into some of the existing buildings. The only way to determine this is by careful investigation of the existing buildings.

Research studies and archeological investigations should be completed in order to determine the numbers and extent of 18th century buildings on these lots.

Location

Colonial Lots 253-2S4 on the south side of Francis Street in Williamsburg are located near the Capitol. See College map, opposite page.

History

These lots lie 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 clear titles to the lots.

The lots were most probably owned by the estate of James Hubbard, lawyer, from 1782 or before, to 1796 when it appears that Benjamin Bucktrout ¹ became the owner. Hubbard's estate owned lots 251 and 252 &long with others to the southward.²

The College Map (1796?) and the Bucktrout Map (1807) show "Bucktrout" on Lots 253 and 254.

If Bucktrout had bought lots 253 and 254 from the Hubbard estate, he seems to have held them until 1798 when Richard Randolph became the owner. Randolph's will dated February 19, 1799 stated:

Houses and lots in the City of Williamsburg where I now live which I purchased of John C. Byrd and Benjamin Bucktrout together with all my house hold and Kitchen furniture during her natural life...and that my said wife be furnished with a neat serviceable carriage and a pair of horses in the discretion of my executors and also the Houses and Lots in Williamsburg in which I have given her a I life estate be put in neat and good repair...¹

Shortly after Randolph's death we note from the tax records that Bucktrout had acquired two lots. we interpret then an the two lots which he had sold Randolph.

Williamsburg Land Tax Records for 1801 indicate that Benjamin Bucktrout owned 2 ¼ lots in the city. ² -3- In 1810 Bucktrout acquired 6 additional lots via Hubbard's estate--which lots were valued at $30 for tax purposes.¹

Bucktrout died in 1812. His widow, Mary Bucktrout heired his property for life and was so taxed in the Land Records. ² Mary Bucktrout dying in or about 1834, the property was owned by Richard M. Bucktrout, son of Benjamin and Mary Bucktrout, deceased. ³

In 1835 six acres of Burwell Bassett's tract (now known as Bassett Hall), was conveyed to Richard M. Bucktrout.⁴

Richard M. Bucktrout had married Delia A--. She died in 1857. He married (2) Celestia Lindsay, daughter of John Lindsay. Horatio was her son. Mary Elizabeth and Delia A. were daughters of Richard and Delia A. Bucktrout. Richard Bucktrout died in September, 1866 -4- leaving wife, Celestia, and three children above cited. Horatio was under age. ¹

In Chancery Suits, Williamsburg Hustings Court October 22, 1866, William H. Braithwaite and Delia, his wife, and William Wooten and Mary Elizabeth, his wife, were plaintiffs against Celestia Bucktrout, widow of Richard M. Bucktrout, and Horatio N. Bucktrout, an infant, defendants. This part of the estate was described as "another lot, a part of which is in the said city, containing 15 acres, more or less, and bounded north by the said Back Street, east by lots of James W. Custis and Goodrich Durfey, and west by estate of Lemuel J. Bowdin, deceased. Commissioners to divide the property into three equal parts and allot ⅓ thereof in fee simple to Wm H. Braithwaite and Delia A., his wife; ⅓ in fee simple to Wm Wooten and Mary Elizabeth, his wife, and ⅓ in fee simple to sd infant Horatio N. Bucktrout. And commissioners are employed (sic) to employ a surveyor to aid then in making the division aforesaid -5- if necessary and report to this Court in order to a final decree...¹

In November 1866 there was a report of the Commissioners appointed by the Court to divide the property of Richard M. Bucktrout, deceased, among his heirs. The property was described thus:

The lot described in said decree as situate on the back street of Williamsburg and containing about fifteen acres, we have divided into two parts, equal to each other in value, by a straight line running at the distance of five and one half feet, west of the Kitchen now standing parallel thereto and terminated by the northern and southern boundaries of said lot. One of these ports we allot to the plaintiffs William H. Braithwait and Delia A. his wife, in fee simple. The other part we allot to the plaintiffs William Wooten and Mary Elizabeth, his wife, in fee simple. The apportionment to be ascertained and decided by the drawing of lots by the said Braithwait and the said Wooten unless the said parties shall make a mutual agreement thereupon...²

Wooten got the eastern part fronting on Francis street and adjoining Bassett Hall and the Semple House on rear. (See: Illustration #1 for colored plat of Bassett Hall given by Channing Hall Jr. to Colonial Williamsburg in 1956. It in endorsed on the back by Sydney Smith, surveyor, who married a daughter of Benjamin E. Bucktrout.)

Braithwaite got the western part of the Bucktrout property on Francis Street.

In 1869 Celestia Bucktrout, widow, entered into a marriage agreement with Bernard Morris:

An indenture tripartite made and entered into this 12th day of April 1869 between Bernard Morris of the first part, Celestia Bucktrout of the 2nd part and R. L. Henley, trustee of the 3rd part. Whereas sd Celestia Bucktrout is siezed and possessed of certain houses & lots situate lying and being in Williamsburg and whereas a marriage is agreed upon, by and between sd Bernard Morris and Celestia Bucktrout; and whereas it was agreed upon by and between the aforesaid parties that the said Celestia Bucktrout should not with- standing her intended marriage have, hold, en- joy and possess all her said property above described, with all and every the rights, titles, interest and profits of, to, in and out of the same; free and separate from all the claims or demands of the said Bernard Morris, arising from the consummation of the above marriage. And whereas the said Celestia Bucktrout hath relinquished discharged and forever quiet-claim to all and every part of -7- the property real and personal of him, the said Bernard Morris, to which she, the sd Celestia might on the perfecting of the above marriage be intitled to, by virtue of dower or in any other way however. Now this indenture witnesseth that in consideration of the said intended marriage and in pursuance and perfecting of the said herein before mentioned agreements, and in consideration of the sum of five dollars good and lawful money of the United States, to the said Celestia Bucktrout in hand paid by the said R. L. Henley Trustee...said Bernard Morris hath bargained, sold, assigned transferred and set-over, and by these presents doth bargain, sell, assign, transfer and set- over unto the said R. L. Henley Trustee...all right, title and interest, in a certain house and lot in the City of Williamsburg, known as the "Bucktrout House" being the same in which the said Celestia Bucktrout now resides, also all right, title, and interest, in one other certain house and lot situated in the City of Williamsburg and purchased of one "Boyle & wife" & Harriette A. Barlow" formerly the property of "Wilson C. Durfey" ... that the said trustee shall hold and manage the property to and for the sole benefit of Celestia Bucktrout (Celestia Bucktrout not liable for debts of sd Morris after her marriage to him and she can dispose of all her property by will or sale with(out) any thought of ad husband.)¹

In the settlement of 1866 Mrs. Celestia Bucktrout and Horatio, her son, were allotted, apparently, a house -8- on the south side of Duke of Gloucester Street leaving her two stepdaughters to inherit the 15 acres on Francis Street.

In 1928 Mr. John S. Charles who lived in Williamsburg for many years recalled Williamsburg during the period of the Civil War and following. He had this to relate about the location of these lots on Francis Street:

About on the site of the present home of Mr. Peebles, there stood a long tall frame building used, for some years before the War as a coffin shop, by the then well- known Dick Bucktrout. This house was once a Methodist Church, and used by the followers of John Wesley as their house of worship, until the house now used as a post office was built.

Not far to the east of this old church, there was a story and a half frame house with dormer windows. The front door was close to the ground and opened on Francis street; and used as a residence by Mr. Bucktrout until the Macon house was built. There were then no other houses between the house just described and the 'Peyton Randolph' house, which in 1861 presented the same appearance as at the present.¹

Early in 1931 Professor P. P. Peebles who lived on these lots, had an interview with Mr. H. R. Shurtliff and Rutherfoord Goodwin:

Feb. 4, 1931

In an interview with Professor Peebles he said that he had been told that not only had the Bucktrout Cemetary in back of his house always been used as a burying ground for public charges and negroes, but that it had been used as a French Revolutionary cemetary.

He said that when he recently cleared this land out of underbrush he found about fifty shallow graves (with bones in them) which he levelled off.

This area is just beyond the shallow trench which runs parallel to Francis Street about 300 yards south of it and is directly back of Professor Peebles new house (or on line of projection of east end of Vest House).

Very probably there is an overlay of pauper dead over the French dead.

Professor Peebles said Bucktrouts went back to early 1700. Four generations of them to our present knowledge were undertakers.

Professor Peebles said new town limits were established in 1758 and that the trench on his land was dug to show these limits.

H.R.S.
T.R.G.¹

Mrs. Vandergrift an old lady in 1928 was inter- viewed about Williamsburg in 1844. She was then -10- 12 years old.

…

Old Mr. Bucktrout was the undertaker. His daughter had an apartment on the main street, right around from where Bat Peachy lived. I know Miss Polly Bucktrout as a child in Sunday school. The lines in Williamsburg were closely drawn then, and we didn't know any but a certain set of people, but I know Miss Polly in Sunday school.¹

Insurance policies covering the Semple House from 1801-1860 indicate the Bucktrouts as owners of property to the West.²

The Wooten part of the former 15 acres of R. M. Bucktrout's property was bought in 1893 by William H. Braithwaite who had married Delia Bucktrout.³

A colored plat (c. 1769?) indicates the Wooten property as adjacent to Bassett Hall.⁴ Another plat (1898) -11- possibly a copy-of one of 1868 indicates the Bucktrout property as adjacent to Bassett Hall.¹

Mrs. Braithwaite or her heirs, Mrs. Virginia Haughwout or her heirs, have held it to 1964. For further study, see Accounting Department, Colonial Williamsburg.

Illustration #2

Illustration #3