Colonial Williamsburg Digital Library

IN SUMMARY:

As the General Court Records relating to James City County as well as James City County Court Records were burned in the 1860's, we have had to concentrate our intensive research into family papers and records of those owners of the property now known as "Allen-Byrd House." Such data has been from secondary sources, largely, and often scant in content. We have done genealogical research not only on the owners of the property but on the families into which they married.

We have not been able to establish by way of deeds of conveyance any fee simple titles to the property in the 18th century. A gap remains. See our findings below:

• I.William Byrd III bought a house from Col. William Allen after March, 1770 and prior to July, 1774 when he made his will noting that he owed Allen £1000 to be applied to pay for "my house in town" and "the overplus to the payment of my Debts" following his death. Byrd died January 1, 1777.
• II.In July, 1778 Mrs. Mary Byrd, widow of William Byrd III and his executrix, "paid William Allen for House & Lott in Williamsburg sold to pay a Mortgage to Thompson ------£ 1152.15.7." And, the same month "paid Thomas M. Randolph due on House above mentioned ----£ 629.18.9."
• III.In June, 1778 Mrs. Byrd had credited the estate "By a House & Lott in Wmsburg sold to pay a Mortgage to Thompson & Co.----£ 1420.0.0." If this credit applies to the amounts paid out above, there is a difference of £362.14.2.
• IV.In December, 1778 Samuel Griffin and Elizabeth Braxton entered into a marriage agreement at which Griffin assigned "all those lots of lands, and the houses and other improvements lying and being in the city of Williamsburg in the state of Virginia which the said Samuel Griffin purchased of Mary Byrd widow and executrix of the late Honorable William Byrd, esquire..." Griffin doss not state how long he had held the property bought from Byrd's widow. Mrs. Byrd could have sold Griffin the house (now known as the "Griffin House" on or prior to June 10, 1778. In her estate accounts for this date, she credits the estate with £ 1420.0.0 "By a House & Lott in Williamsburg sold to pay a Mortgage to Thompson & Co."
• V.If we accept dates as put down by Mrs. Byrd in her executrix account a situation arises such as this:

  May 6, 1784 "By Cash of Mr Bracken for rents-----£ 46.16.0" (In May, 1777 Mrs. Byrd advertised a brick house in Williamsburg for sale stating that it was "now inhabited by the reverend mr. Bracken")

  October, 1786	"To paid John Dixon for advertising a house in Williamsburg	£ 29.5.0"
  March, 1787	"To paid Matthew Moody the tax of a Tenement for the year 1784	£ -.8.6'"
  April, 1787	"To paid Robert Hyland for crying a House in Wmsburg	£ 5.0.0'"

  To quote from Byrd's will of July 6, 1774 again:

  "My will is also that my house in town be sold & a thousand pounds of the money be applied to pay Mr. William Allen for it, and the overplus of the payment of my Debts...
  I give to my dearest and best of wives for her life, besides the deed she already has, the plantations of Westover and Buckland..."

Further details of this confusing situation as to titles follows:

In 1769 an ACT OF ASSEMBLY defining the boundary between York and James City counties described the line as it runs through Williamsburg thus:

...Be it enacted, by the authority aforesaid, That from and after passing this act the said line shall be established and continued from the main road, by the north end of the college, as it now runs down the middle of the main street to the eastern end of the market place, thence into the lane which divides the store-house of James Anderson, merchant, from the lots of the orphan of William Lightfoot, esq. deceased, as far as the middle of the paling of the said lots, thence through the middle of those lots, and all the other lots on the north side of Francis street, till it passes through the middle of the lots of the honourable William and Thomas Nelson; thence across the Capitol square, in a straight line, through the middle of the lots of John Prentis, gentleman, and Catherine Davenport till it falls into the street leading to the main York road.
(Hening's Statutes, Vol. VIII, pp. 405-406)

It is obvious from the above description of the line that "the lots of the orphan of William Lightfoot" were the lots designated 13 and 14 on Tyler's Map. (See: Lightfoot House History.) The line could not possibly have gone through the lots now known as the Allen Byrd House.

On March 26, 1770 William Allen advertised his property for sale in Williamsburg:

"To be SOLD at seven years credit, or longer if required, A Square of 8 lots in the city of Williamsburg, with the following improvements, a new brick dwelling-house, with four rooms below and three above, a good kitchen, grainery, and stables, with every other house necessary for a family also a well of good water. The lots are all inclosed, and the garden wall paled in; the situation is near the College, and very pleasant. The premises may be seen by applying to Dr. James Carter, and may be entered upon the 1st of May next. The price will be made known by
WILLIAM ALLEN" (Virginia Gazette, Rind, ed., March 29, 1770.)

William Allen was a nephew of John Allen, Clerk of Surry County for many years, and a wealthy landowner in several counties of Virginia. John Allen married Elizabeth Bassett, daughter of William Bassett who held lots in Williamsburg in 1717. The John Allens had no children. She died in 1738. 2 He died in 1742 leaving a will by which his entire estate--lacking a few minor bequests--went to his nephew, William Allen. William Allen married (1) Clara Walker who died shortly; and (2) Mary Lightfoot, daughter of William Lightfoot of Yorktown and Sandy Point, Charles City County. Both the wills of John Allen and of his nephew, William Allen, are on file in Surry County.

In the 1780's William Allen (then a Colonel) owned 906 acres in New Kent County; 1571 acres in Surry County; 7269 acres in Sussex County; 800 acres in James City County; 4000 acres in Brunswick and 3800 acres in Greenville. He had 241 slaves in Sussex County but only 11 slaves, 4 horses and 18 cattle in James City County.

(William & Mary Quarterly, series 3, Vol. 11, p. 355: The One Hundred.)

Some time between March 1770 (when William Allen advertised his property in Williamsburg for sale) and July, 1774, William Byrd III had acquired Allen's property though we learn later that he had not paid for it entirely prior to his death in 1777. Allen had advertised in March, 1770 that he was willing to give "seven years credit, or longer if required."

In 1774 William Byrd III by his will dated July 6th, stated that certain provisions should be made as to his "house in town":

...My will is also that my house in town be sold & a thousand pounds of the money be applied to pay Mr. William Allen for it, and the overplus to the payment of my Debts.
I give to my dearest and best of wives for her life, besides the deed she already has, the plantation of Westover and Buckland and..."(Virginia Magazine of History, Vol. 38, pp. 60-)

Let us note from the will other property given by deed to his wife.

Byrd having died in January, 1777, Mrs. Mary Byrd, his widow and executrix, advertised some of his property for sale:

[March 14, 1777]

"To be SOLD, agreeable to the last will and testament of the Hon. William Byrd, esq; deceased, on Thursday the 24th of April, 3 at Westover, in Charles City county, about 25 miles below Richmond town, ONE hundred Virginia born SLAVES...

THE EXECUTRIX
N.B. The executrix has also for sale a good brick house, situated in the city of Williamsburg with four rooms on each floor, lately occupied by the said William Byrd, esq; and at present by the reverend mr. Bracken. The dwelling-house has all convenient out houses, and several enclosed lots adjoining. Also the very valuable library of the said deceased, consisting of near 4000 volumes. The house and library will be disposed of either by private or publick sale, as may be most agreeable to the purchasers."

(Virginia Gazette, Purdie, ed., March 14, 1777.)

On May 16, 1777 the executrix advertised Williamsburg property for sale--this time at auction:

"Tobe SOLD by auction before the Raleigh door in Williamsburg, agreeable to the last will and testament of the late Hon. William Byrd, esq; on the 20th instant, at 4 o'clock in the afternoon,
A BRICK house in the said city with four rooms on each floor, now inhabited by the reverend mr. Bracken, together with all convenient outhouses, and six lots¹ adjoining enclosed. The premises are in good tenantable repair, and will be shewn to such persons as incline to become purchasers, any day till the sale. The terms of the sale are for ready money, but those who have demands against the estate, by bill of exchange protested, or judgment, will have the same allowed
by The EXECUTRIX" (Virginia Gazette, Purdie, ed., May 16, 1777.)

On May 15, 1778 Byrd's property in Williamsburg was again advertised for sale before the Raleigh "for ready money":

"To be sold on Thursday the 29th instant (May) at 4 o'clock in the afternoon, before the Raleigh door in Williamsburg, Agreeable to the last will and testament of the Hon. William Byrd, Esq; for ready money, the dwellinghouse of the decedent, in Williamsburg, together with the lots adjoining. The premises are so well known, and have been already advertised particularly, that a further description is unnecessary.
THE EXECUTRIX." (Virginia Gazette, Dixon & Hunter, eds., May 15, 1778.)

In the executrix account of the estate of William Byrd filed 1790 by Mrs. Byrd these items appear: 4

"Cr	June 10, 1778	By a House & Lott in Wmsburg sold to pay a Mortgage to Thompson & Co.	£ 1420.0.0
Dr	July 10, 1778	To Cash pd Wm Allen for House & Lott in Williamsburg sold to pay a Mortgage to Thompson	£ 1152.15.7
	July 15, 1778	To Cash pd Thos M. Randolph balance due on House above mentioned	£ 629.18.9"

From the same account Mrs. Byrd shows that in 1777 (April, November and December) she paid John Pride "for crying the estate of Col: Byrd."

From the same accounts on March 17th, 1778 she "paid Matthew Moody the tax of a Tenement for the year 1784---£ -.8.6." And, also, in 1784 she credits the estate "By Cash of Mr Bracken for rents ----£46.16.0." (U.S. Circuit Court, Virginia Districts Ended Cases, req. 13729 Murdock & Co. vs. W^m Byrd's Extx, 1797 Acc^t Estate of Col^o Byrd with Mary Byrd executrix made Sept. 29th 1790; and PRO/T 79/86 Survey Report 2846, pp. 71-72. )

The above account of Mary Byrd's appears in Charles City County Records, Will Book (1789-1808) pp. 13-14; 43-46. This account was dated "1786."

We know by Mrs. Byrd's statements in the Virginia Gazette (March 1777) that Mr. John Bracken was renting from the estate. We know from her executrix accounts of date 1784 that Mr. Bracken was paying rents to her.

In 1785 Williamsburg Land Tax Records indicate:

"William Lightfoot to John Bracken-------8 lots-------£ 18."

In 1787 Mr. Bracken is charged with "6 lots----------£16.10.-. Mr. Bracken has only six lots But has been charged with Eight."

Just which William Lightfoot is selling the 8 lots to Bracken is not known; nor do we know whether he was owner or a trustee. The burning of James City and Charles City County Records and General Court Records leases a gap as yet not filled in this title.

We shall, with the scant records extant, trace the property of the Lightfoot family in Williamsburg: 5

• I.PHILIP LIGHTFOOT of Yorktown (1680-1718) married Mrs. Mary Armistead Burwell, widow of James Burwell (d. 1718). Philip left a will bequeathing "unto my Son John and his heirs forever all my Lots and Houses in the City of Williamsburg and Lots at Blandford...also [gives him] two thousand pounds Sterling one third part of my Plate after his Mothers decease the furniture in the House at Williamsburg..." (York County Records, Wills & Inventories #20, pp. 104-106.)
• II.

  JOHN LIGHTFOOT (died 1751) married Mary Clack. No heirs. He leaves a will bequeathing "unto my beloved Wife my Lotts in the City of Williamsburg Whereon Doctor Hay now lives with all the appurtenances thereunto belonging to her and her heirs forever..." (Brunswick County Records, Will Book III, pp. 42-45.)

  An account book of William Lightfoot, merchant, notes that Dr. Peter Hay paid rent to the Lightfoot estate from 1753-1763; rent averaging £15 pr. anno; and John Lightfoot's widow collected 1/3 and William Lightfoot, brother, collected 2/3 of the rent. (MS Account Book, CWI.) (See: Lightfoot House History, Research Dept.)

• III.WILLIAM LIGHTFOOT, brother of John, died 1767 Charles City County. His will recorded in the General Court whose records are not extant. He may have inherited the Williamsburg property. No records have been found to prove this as yet.
• IV. WILLIAM LIGHTFOOT of "Tedington," Charles City County, died 1809 leaving a will: "To Philip John, son, all my houses & lots in the city of Wmsburg." (Charles City County Will Book #2 (1808-1824) pp. 56-58.)
• V. WILLIAM LIGHTFOOT, son of a John Lightfoot of Charles City County, died 1808. (He seems to be another branch.)
• VI. PHILIP JOHN LIGHTFOOT, son of William (d. 1809), died 1819 leaving a will devising property to nieces and nephews. [not described]
• VII. WILLIAM A. LIGHTFOOT of Buckingham County, in 1839 gave deed to a lot in Williamsburg "the property formerly of William Lightfoot, of Charles City, as one of the devisees of Philip John said Williams's son." (William and Mary Quarterly series 1, Vol. III, p. 109; "Lewis &c vs. Blakey &c in Superior Court of Law and Chancery for Henrico 1835")

The following appears in Williamsburg Land Tax Records:

"1782--	Lightfoot's Estate------------	6 lots--------------	£10.-..
1783--	Wm. Lightfoots Estate--------	6 lots---------------	10.-.
1784--	Lightfoot's Estate------------	6 lots--------------	10.-
1785--	Wm. Lewis.bought of Philip Lightfoot -----	1--------	3.-.-
6
1785--	Philip Lightfoot -----------	6 lots-----------------	10.-.-
1786-	William Lightfoot ------	to John Bracken---8 lots----	£18.-.-
178?--	John Bracken---------------	6 lots------------------	£16.16.-	Mr. Bracken has only 6 lots but has been charged with Eight. H. Harwood."

(Williamsburg Land Tax Records, originals at Virginia State Archives, Richmond; microfilm, CWI)

The following appears in The Virginia Gazette, or The American Advertiser:

[August 16, 1783]

"FOR SALE,
The following Tracts or Parcels of Land. NINE hundred acres of exceeding good tobacco land, in Brunswick County, lying on one branch of Meherring river, well watered and timbered; it will be shewn by the overseer residing thereon. Also eight lots of land in the City of Williamsburg, whereon stands a large two story brick dwelling house, with four rooms on a floor; its situation is esteemed one of the most pleasant in the City, lying on the back street near to the market, and will be shewn by Captain Reid of the said City. Also one lot of land in the Town of York, on which are two store-houses, one of brick, the other of wood; it is situated on the main-street, and about the center of the Town. The terms will be made known by the subscriber, living in Caroline County, about five miles from the Bowling Green.
PHILIP LIGHTFOOT."

(The Virginia Gazette or The American Advertiser, August 16, 1783, Vol. I, Numb. 7, page 3, column 2.)

Philip Lightfoot was the son of William Lightfoot (died 1809 above) and a brother of William Lightfoot of "Tedington" (died 1809). He removed to Caroline County. (No will has been located of his or his wife's.)

Notes from the executrix account of Mrs. Mary Byrd in settling estate of William Byrd III.

	…
			Dr
	April 24th	To paid John Pride for crying the estate of Colo Byrd	£ 9: 0: 0
1777	November 6th	To ditto ditto ditto for ditto	20: 0: 0
	December 1st	To ditto ditto ditto for ditto	7:10: 0
	July 30th	To cash paid John Gregory for taxes in Charles City	£ 25:14: 3
1778	July 10th	To paid William Allen for a house in Williamsburg sold to pay a mortgage to Thompson	£ 1152.15. 7
1779	July 5	To paid Thomas Mann Randolph balance due on house above mentioned	629.18.9
1786	October 30.	To paid Mr. John Dixon for printing two hundred and fifty copies of a catalogue of Books &c
		paid ditto ditto for printing Hand bills
		paid ditto ditto for advertising a house in Williamsburg	29: 5: 0
[1787]
1777	Feb	To paid the tax of three lots in Richmond No 510 620 & 61? for the year 1782 to Thomas Willson	0.13. 1
[1787]
1777	March 17	To paid Philip Southall 1 Mar: 1, 1782 for sundry lots in Richmond	0:19: 6
		To paid Mathew Moody2 the tax of a Tenement for the year 1784	O: 8: 6
	April 14	To paid Robert Hyland for crying a house in Williamsburg	5: 0: 0

			Cr
1777	April	By amount of slaves &c sold at this time	£ 7790.10. 0
		By ditto of Cattle	765.19. 3½
	November	By ditto of Slaves &c. sold at this time	9741.11. 3
	December	By amount of Cattle at Bucklands	520. 0. 0
1778	January 8
	March	By amount of Library sold Isaac Lane	2000. 0. 0
	June 10	By a house and lot in Williamsburg sold to pay a mortgage to Thompson & Co	1420. 0. 0
1784	May 6	By cash received for Hay in Williamsburg	16. 3. 6
		By cash of Mr Bracken for rents------------------	16.16. 0

ALLEN - BYRD - BRACKEN - LIGHTFOOT transactions

1774		Will of William Byrd III refers to "my house in town" which he bought from William Allen.
		1770 (March) Allen adv. a square of 8 lots, Wmsburg, new brick house 4 rooms below and 3 above,...lots inclosed, near the College...
1777	(Jany)	Mrs. Byrd, executrix of Byrd, adv. sale of brick house in Wmsbg-- 4 rooms on each floor, lately occupied by Byrd and at present by Bracken-- lots adjoining and valuable library of the said deceased of 4000 volumes.
	(May)	Mrs. Byrd adv. again same house now inhabited by Bracken.
1778	(May)	Mrs. Byrd adv. house in Wmsburg with lots adj. for sale. [No mention of a renter.]
	(March)	Mrs. Byrd "paid Matthew Moody the tax of a Tenement for year 1784 £ -.8.6"
	(July)	Mrs. Byrd in accts "Dr To Cash pd Wm Allen for House & Lott in Wmsbg sold to pay a Mortgage to Thompson £ 1152.15.7"
	(July)	"Dr To Cash pd Thos M. Randolph balance due on House above mentioned £ 629.18.9"
1779		Dr. Camm's library at "House of John Bracken."
1784		Mrs. Byrd credits the estate "By Cash of Mr Bracken for rents £ 46.16.0"
1786		Mrs. Byrd "paid John Dixon for advertising a house in Williamsburg £ 29.5.0"
1787		John Bracken via William Lightfoot 6 lots £ 16.16.- "Mr. Bracken has only 6 lots but has been charged with Eight. H. Harwood."
1796		John Bracken insured his buildings occupied by myself bounded by & situated between Francis Street, England and Ireland Streets in James City County brick dwelling 44' by 35'.

1782	Lightfoot's Estate 6 lots £ 10.-.-
1783	Philip Lightfoot adv. for sale "...eight lots of land in the City of Williamsburg, whereon stands a large two story brick dwelling house with four rooms on a floor; its situation is esteemed one of the most pleasant in the City, lying on the back street near to the market,..."
1785	Philip Lightfoot 6 lots £ 10
1786	William Lightfoot to John Bracken 8 lots £ 18.-.
1787	John Bracken 6 lots £ 16.16.- "Mr. Bracken has only 6 lots but has been charged with Eight. H. Harwood."

BYRD - GRIFFIN
transactions

[do not know if this is to Griffin]

1778 (June)	Mrs. Byrd, executrix Wm. Byrd, credits est "By a House & Lott in Wmsburg sold to pay a Mortgage to Thompson & Co-----£ 1420.0.0"
1778 (Dec.)	Samuel Griffin marriage agreement with Elizabeth Braxton "all those lots of land, and the houses and other improvements lying and being in the city of Williamsburg… which the said Samuel Griffin purchased of Mary Byrd widow and executrix of the late honorable William Byrd esquire…"
	Griffin does not state how many lots acquired via Mrs. Byrd nor their location. Nor does he state when he bought the lots.
1782	--Samuel Griffin, owner of block of 8 lots (Lots 64-71, Block 5).
	From 1782 to 1855 Griffin or his family connections was owner.

KEY TO SOURCES:

• Will of PHILIP LIGHTFOOT of Yorktown July 31, 1747; recorded June 20, 1748. (York County Records, Wills & Inventories Book 20, pp. 104-119; John Grymes, Thos. Lee, Wm. Nelson, Anty. Walke and William Lightfoot, exors.)
• Will of MARY LIGHTFOOT of Yorktown August 21, 1775. (York County Records, Wills & Inventories Book 23, pp. 299-303; William Allen, William Hewitt and Robert Burwell, exors.)
• Will of JOHN LIGHTFOOT of York County, Williamsburg and Brunswick County, April, 1751: (Brunswick County Records, Will Book III, pp. 42-45; Wm. & Thos. Nelson, Lewis Burwell and Wm. Lightfoot, exors. by will. Robt. Ruffin appointed Dec. 31, 1751 after others renounced.)
• Will of WILLIAM HOWELL LIGHTFOOT, Charles City County; recorded Aug. 16, 1810. (Charles City County Records, Will Book 2, p. 104. William Allen and James Stewart, exors.)
• Will of WILLIAM LIGHTFOOT of "Tedington," Charles City County; April 27, 1809; rec. Aug. 17, 1809. (Will Book 2, pp. 56-58; William Allen, Gov. Tyler and George Blakey, admrs.)
• Will of PHILIP JOHN LIGHTFOOT, Charles City County, June 16, 1819; rec. same day. (Charles City County Records, Will Book 2, pp. 444-445.)
• Will of JOHN ALLEN of Surry County, March 5, 1741; rec. April 21, 1742. (Surry County Records, Will Book 3 (1738-1754) pp. 405-407; James Baker sole executor by will.)
• Will of WILLIAM ALLEN of Surry County, Sept. 4, 1789; rec. Sept. 24, 1793. (Surry County Records, Will Book I, pp. 49-53; John and Wm. Allen, sons, executors from will. John dead. William qualified.)
• Will of JOHN MINGE, Charles City County, 1826; rec. 1827. (Charles City County Records, Will Book #3, pp. 225-226.)
• JOHN NICHOLAS, guardian of the children of Francis Lightfoot in 1824. (Charles City County Records, Will Book #3, p. 27.)
• Charles City County Will Book (1789-1808) pp. 13-14, 43-46. "The Est. of William Byrd, decd with Mary Byrd the executrix, 1791."
• Charles City County Land Tax Lists.
• Charles City County Deed Book 7 (1824-1839).
• Charles City County Deed Book 8 (1832-1838).
• Charles City County Deed Book 9 (1838-1846).
• U.S. Circuit Court, Va., Dist. Ended Cases, Virginia State Library, photostat CWI: "Murdock & Co vs. Wm. Byrd's Extx, 1797 - Acc^t Estate of Col^o Wm. Byrd with Mary Byrd Executrix Made Sept. 29th, 1790."
• Munford's Reports of Cases argued and determined in the Supreme Court of Appeals of Virginia, Vol. V, pp. 41-42: "Lightfoot's Executors and Others vs. Colgin and Wife." Public Records Office T/79/86; SR: 2840-2846, pp. 69-76 (M-537): "…The estate of the Hon. William Byrd, dec^d In account with Mary Bird [sic], the Executrix…" 1786.
• Charles City County Minute Book (1823-1829) pp. 23, 129, 325.
• Charles City County Minute Book #2 (1830-1839) p. 338; 1837 Robt. B. Bolling, administrator of Sarah S. Minge, deceased; p. 338 (1837) Bolling adm. de bonis non of Wm. Lightfoot the younger granted.
• Will of William Byrd III (1777), Virginia Magazine History, Vol. 38, p. 60.
• Will of Mary Willing Byrd (Dismal Swamp Papers; M-36-3) 1814.
• Deeds & Wills Brunswick County, Caroline County and Pittsylvania County searched in period 1760-1839. (microfilms from Virginia State Library).
• York County Records.
• All available petitions and records for James City County.
• Richmond newspapers for period 1778-1800.
• Southall Papers (W&MC) Legal Cases & Estates, James City County, folders 115-188.
• Southall Papers, Legal Cases & Estates. Charles City County, folders 76-78.
• Surry County Records, Deeds, Wills #10 (1754-1768).
• Surry County Records, Deeds, Wills #10 (1768-1779).
• Surry County Records, Deeds, Wills #11. (1778-1783).
• Surry County Records, Will Book #12 (1783-1792).
• Surry County Records, Will Book #1 (1792-1804).
• Surry County Records, Will Book #2 (1804-1815).
• Surry County Records, Will Book #3 (1815-1821).

The Tyler Papers at William and Mary College have not be searched because they were not open at this time.