Colonial Williamsburg Digital Library

LOCATION:

The house known as the Powell-Waller House is located on the east side of Waller Street north of Christiana Campbell's Tavern and the Elizabeth Carlos House. The Powell-Waller House is named for Benjamin Powell, a well-known carpenter and builder in colonial Williamsburg who was probably responsible for building the front frame portion of the house, and Benjamin Waller, a respected lawyer and judge in eighteenth-century Williamsburg who once owned the property on which the house is located.

The Powell-Waller House is an original eighteenth-century building. The brick portion of the house dates from the first half of the eighteenth century. The frame portion was added later in the century. The storehouse and stable are reconstructed eighteenth-century buildings; the office, smokehouse, kitchen and dairy are original nineteenth-century buildings.

HISTORY:

The lots on which the Powell-Waller House and outbuildings are situated are believed to be part of a large tract of land adjoining the city of Williamsburg on the east side purchased by Benjamin Waller from Mann Page, 2 son of Mann Page of Gloucester. The elder Page had died leaving large debts unpaid and a will with legacies to be discharged. In order to pay his father's debts and carry out the terms of his father's will, the younger Page found it necessary to sell certain lands which had belonged to his father. Articles of agreement between Mann Page and Benjamin Waller were signed on December 13, 1743:

Articles of Agreement Indented made and concluded upon this Thirteenth Day of December in the year of our Lord one thousand seven hundred and forty three Between Mann Page of the County of Gloucester Gent. of the one Part and Benjamin Waller of the City of Williamsburgh Gent. of the other Part Witness That Whereas Mann Page late of the said County of Gloucester Esq, deced was in his Lifetime seized of the Reversion in Fee Simple Expectant upon the Death of Elizabeth Bray Widow dec'ed of certain Lands adjoining the City of Wiliamsburgh on the East West and North Sides thereof containing by Estimation Seven hundred & forty five Acres be the same more or less And also of two hundred Acres of Land by him purchased of the said Elizabeth adjoining the said other Lands on the East Side of the said City and by his Last Will & Testament did devise the said Reversionary Lands to his Son Carter Page in Fee Tail And Whereas the said Son Carter Page is since dead without Issue and the said Mann Page Party to these Presents now claims the said last mentioned Lands as next in Remainder to the said Carter and the said Two hundred Acres of Land as Heir to Mann Page Esq, deced his Father and being minded to sell the said Lands in Order to Discharge the Debts of his said Father and the Legacies given by his Will Hath agreed with the said Benjamin Waller to convey the same in Fee Simple to him for the Consideration of Twenty Shillings Sterling for every Acre thereof one Half of the said Money to be paid when the said Benjamin shall be put in Possession and the other half when the said Mann shall obtain an Act of Assembly with the Kings Assent thereto to enable him to make such Conveyance In Pursuance of which said Agreement the said Benjamin Waller hath paid unto the said Mann Page one Moiety of the said Consideration being Three hundred & Seventy 3 two Pounds ten Shillings Sterling And the said Mann Page hath put him into the Actual Possession of the said Lands Now the said Mann Page for himself his Heirs Executors and Administrators Doth hereby covenant and grant to and with the said Benjamin Waller his Heirs and Assigns That he the said Mann Page shall and will at the next Session of Assembly Use his utmost Endeavours to obtain an Act of Assembly to enable him to sell and convey the said Lands in Fee Simple And will also endeavour as soon as conveniently may be to obtain the Kings Assent thereto at his own proper Costs & Charges And that if the same shall be obtained That he the said Mann Page and his Heirs will at the Reasonable Request and Costs in the Law of the said Benjamin Waller his Heirs or Assigns Execute & Deliver unto the said Benjamin Waller his Heirs & Assigns good and sufficient Deed or Deeds in Law for conveying and assuring to him or them the Fee Simple Estate of the said Lands with the Appurtenances And That in case the said Act of Assembly and the Kings Assent thereto cannot be obtained That he the said Mann Page his Heirs Executors or Administrators shall and will repay unto the said Benjamin Waller his Heirs or Assigns the said Sum of Three hundred & Seventy two Pounds ten Shillings Sterling at his or their reasonable Request and quitting the Possession aforesaid And the said Benjamin Waller for himself his Heirs Executors & Administrators Doth Covenant and grant to and with the said Mann Page his Heirs and Assigns That when the said Mann Page shall execute and deliver the Conveyances aforesaid according to the true Intent and Meaning of these Presents That he the said Benjamin Waller his Heirs Exers and Administrators shall and will pay unto the said Mann Page his Heirs or Assigns the further Sum of Three hundred & seventy two Pounds ten Shillings Sterling being the full Consideration for the Lands and Appurtenances aforesaid And that if the said Act of Assembly or the Kings Assent cannot be obtained That the Said Benjamin his Heirs and Assigns as soon as the Crop on the Ground if any shall be finished will quit and give up unto the said Mann Page and his Heirs the Possession of the Lands and Appurtenances aforesaid And That he the said Said Benjamin his Heirs or Assigns shall not sell any Wood or Timber or commit any wilful Waste on the Premises until it can be known whether the said Act and Assent can be obtained To the true Performance of which Covenants the said Parties to these Presents do hereby bind themselves their Heirs Executors & Administrators each to the other in the Penalty of one Thousand Pounds Sterling In Witness whereof 4 the said Parties to these Presents have hereunto interchangeably set their Hands and affixed their Seals the Day and Year first within written
Ben: Waller

Sealed and Delivered
In Presence of
Henry Potter
Philip Finch
Wil Prentis

Page Jnt & Waller
Art. Of Agreement

¹

The articles of agreement put Benjamin Waller in "actual Possession" of the seven hundred-odd acres adjoining the city of Williamsburg. However, this land and the other tracts which Mann Page wanted to sell were entailed lands. Virginia law of the time required an act of the General Assembly before entailed land could be sold or disposed of. The transaction between Page and & Waller was not final until the General Assembly passed such an act in 1744.²

As early as 1747, Benjamin Waller began to sell pieces of the tract of land bought from Mann Page.³ In 1749, William Waller, brother of Benjamin Waller, drew a plat of the lands lying to the east of the city limits belonging to his brother.⁴ The plat 5 showed much of the land laid off in lots with numbers assigned to them. The plat was annexed to a deed for lots 35 and 36 sold to Stephen Brown by Benjamin Waller on March 19, 1749.⁵ Later deeds for property sold by Benjamin Waller from his tract adjoining Williamsburg on the east cited the William Waller plat of 1749 when identifying the location of a lot or its number.⁶

Benjamin Waller sold the property on which the Powell-Waller House and outbuildings stand to Benjamin Powell in 1763. The deed stated that the property was part of the tract purchased by Waller from Mann Page:

This Indenture made the first Day of May in the Year of our Lord One thousand seven hundred and sixty three Between Benjamin Waller of the City of Williamsburg and Martha his Wife of the one part, and Benjamin Powell of the same City, Carpenter of the other part Witnesseth that for and in Consideration of the Sum of seventy five Pounds Current Money by the said Benjamin Powell to the said Benjamin Waller in hand paid at or before the Sealing and Delivery of these Presents the Receipt whereof he doth hereby acknowledge and thereof acquit and discharge the said Benjamin Powell his Executors and Administrators They the said Benjamin Waller and Martha his Wife Have Granted, bargained, sold, aliened, enfeoffed; and confirmed and by these Presents DO Grant, bargain, sell, alien, and Confirm unto the said Benjamin Powell his Heirs and Assigns for ever Two Pieces Parcels or Lots, of Land lying & being in the City of Williamsburg aforesaid in the Parish of Bruton in the County of York and bounded as followeth, to wit, Beginning at the South West 6 Corner of Waller's Street thence down the Street leading to Queen Mary's Port ten Poles thence South eighty nine Degrees and an half East fifteen Poles thence South half a Degree West ten Poles to Waller's Street thence up the said Street fifteen Poles to the Beginning which said Lotts are denoted in the Plan thereof by the Figures 19. 43 and is part of a larger Tract of Land Purchased by the said Benjamin Waller of Mann Page Esqr: and the Reversion and Reversions, Remainder and Remainders, Rents, Issues, and Profits thereof and all the Estate, Right, Title, Interest Property Claim and Demand of them the said Benjamin Waller and Martha his Wife of in and to the same with the Appurtenances To have and to hold the said two Pieces, Parcels or Lotts of Land with the Appurtenances unto the said Powell his Heirs and Assigns to the only use and behoof of him the said Benjamin Powell his Heirs and Assigns forever Provided always and these Presents are upon the Condition That if the said Benjamin Powell his Heirs or Assigns shall not within the space of three Years next ensuing the date hereof begin to build and finish on the said two pieces parcels or Lots of Land, hereby bargained and sold to him One house containing forty feet in Length and twenty feet in Width at the least with a brick Chimney thereto the said House to front in a line with the Row of Lots in which it stands at the extreem Western bounds of the said Lotts that then these Presents and every thing therein bargained and sold shall be immediately reinvested in the said Benjamin Waller and his Heirs in as full and ample manner as if the same had never been disposed of and it shall and may be Lawfull to and for the said Benjamin Waller and his Heirs to enter upon and take possession of the same with the Appurtenances to his and their own use And the said Benjamin Powell for himself and his Heirs doth convenant and agree to and with the said Benjamin Waller his Heirs and Assigns that he the said Benjamin Powell will as soon as conveniently may be inclose the said two Lotts of Ground with Rails or Pales and keep such part thereof as shall adjoin the Lands held by the said Benjamin Waller constantly inclosed. In Witness whereof the Parties to these Presents have hereunto interchangeably Set their Hands and affixed their Seals the Day and Year first within written

Sealed and Delivered
in the Presence of
Ben: Waller (L. S.)
Martha Waller (L. S.)
Ben: Powell (L. S.)

George the Third by the Grace of God of Great Britain France and Ireland King-Defender of the Faith &c TO Lewis 7 Burwell, John Tyler, and Charles Barham Gent: Greeting Whereas Benjamin Waller and Martha his Wife by their certain Indenture of Bargain and Sale bearing date the first Day of this Instant May have Sold and Conveyed unto Benjamin Powell the Fee simple Estate of two Pieces or Lots of Land with the Appurtenances in the City of Williamsburg in the County of York. And whereas the said Martha cannot conveniently Travel to our Court of our said County to make acknowledgment of the said Conveyance Therefore we do give unto you or any two or more of you power to receive the acknowledgment which the said Martha shall be willing to make before you of the said Conveyance aforesaid contained in the said Indenture which is hereunto annexed. And we do therefore Command you that you do Personally go to the said Martha and receive her acknowledgment of the same and examine her privily and a part from the said Benjamin Waller 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 County Court? And when you have received her acknowledgment and examined her as aforesaid that you distinctly and openly Certifie us thereof in our said County Court under your Seals sending then there the said Indenture, And this Writ Witness Thomas Everard Clerk of our said Court the Third Day of May. In the Third Year of our Reign
Thos. Everard

By Virtue of this Writ to us directed we did Personally go to Martha Waller the Wife of Benjamin Waller within named and examined her privily and apart from her said Husband and before us she acknowledged the Indenture hereto annexed to be her Act and Deed and declared that She did the same freely & voluntarily without his persuasions or Threats, and that She is willing the same should be Recorded in the Court of York County of which we do certify our Lord the King in his said Court under our hands & Seals the 9th: day of May 1763.

Jn: Tyler (L:S.)
Ch: Barham (L:S.)

At a Court held for York County the 21st. day of Novr: 1763 This Indenture was acknowledged by Benjamin Waller party thereto and together with the Commission annexed and the Certificate of the Execution thereof Ordered to be Recorded

Examd. Teste
Thos. Everard.
Cl: Cur.

⁷

The deed referred to "Two Pieces Parcels or Lots of Land," identifying them by the numbers 19 and 43. As shown on the plat drawn by William Waller in 1749, Benjamin Waller laid out his subdivision with the long sides of lots 18, 19 and 43 running north and south. However, according to calculations made by the Department of Architecture, Benjamin Waller must have changed his mind about these three lots after the 1749 plat was drawn because lots 19 and 43, as described in the deed of 1763, had their long sides running east and west.⁸ It follows that lot 18 must also have been changed to run east and west. The deed of 1763 stated that lots 19 and 43 appeared on the plan of the city of that time just as they were described in the deed. The plan of the city of that time does not exist, and all of the plats of the city which have survived show lots 18, 19 and 43 with the north-south orientation. However, the deed of 1763 and subsequent deeds to lots 19 and 43, together with the architect's plat drawn from the 1763 deed, prove that the lots were changed by Benjamin Waller to run east and west.

What reason Benjamin Waller may have had for changing his mind about the orientation of lots 18, 19 and 43 cannot be known with certainty. He may have wanted the existing brick 9 building (brick portion of the Powell-Waller House) to be on one lot. As the lots originally were laid out in 1749, the brick building stood partly on lot 18 and partly on lot 19. When Benjamin Waller changed the lots so that their long sides ran east and west, the brick building stood on lot 19.⁹

It is interesting to note in the deed of 1763 that lots 19 and 43 were described as being "in the City of Williamsburg" though the tract of land Benjamin Waller purchased from Mann Page, of which these lots were a part, was outside the limits of the city. A possible explanation can be found in an act passed by the General Assembly in 1756 for adding certain lands to the city of Williamsburg:

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

I. WHEREAS it, hath been represented to this General Assembly, That Benjamin Waller, Gentleman, hath laid out a certain parcel of his lands, in the counties of York and James-City, contiguous to the city of Williamsburg, at the east end thereof, into lots, and the purchasers of the said lots have petitioned that they may be taken into the limits of the said city, and enjoy all the privileges of the freeholders and 10 inhabitants thereof: Be it enacted, by the Lieutenant-Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted, by the authority of the same, That the lands laid out, as aforesaid, by the said Benjamin Waller, into lots adjoining the said city, so soon as the same shall be built upon and saved according to the condition of the deeds of conveyance, shall be added to, and made part of the said city of Williamsburg; and the freeholders and inhabitants thereof shall then be entitled thereto, and have, and enjoy all the rights, privileges, and immunities granted to, or enjoyed by, the freeholders and inhabitants of the said city; and shall be subject to the same jurisdiction, rules, and government with the other inhabitants of the said city.¹⁰

While the act stipulated that the lots had to be built upon before they could be added to the city, it made no mention of what type or size the building had to be. As stated before, the brick portion of the Powell-Waller House dates from the first half of the eighteenth century and was therefore on the property when this act was passed. The implication is that lots 19 and 43 were automatically added to the city as a result of the fact that this brick building was already standing on the property.

It is important to realize that the "Waller's Street" referred to in the deed of 1763 and later deeds for lots 19 and 43 was not the present-day Waller Street. Waller's Street was a short street no longer in existence, which ran from east to west along the south side of the Powell-Waller property. The present-day Waller Street 11 was called "the Street leading to Queen Mary's Port" in the deeds for lots 19 and 43. William Waller's plat of 1749 labeled it simply "Street" while showing the short east-west street as Waller's Street. A map of the city of about 1790 shows two Waller Streets.¹¹ It is not known when Waller's Street disappeared nor when "the Street leading to Queen Mary's Port" came to be known as Waller Street.

According to the deed of 1763, a house of a specific size had to be built upon lots 19 and 43 within three years of the date the property was purchased by Benjamin Powell or the lots would revert to Benjamin Waller. It is assumed that Benjamin Powell was responsible for building the front frame portion of the Powell-Waller House between 1763 and 1766, since he retained ownership of the property beyond the three-year limit.

In January of 1780 Powell advertised in the Virginia Gazette:

To be SOLD, or RENTED for three years, THE HOUSES and TENEMENTS where I at present live, just below the capitol, in the city of Williamsburg. The lots are well enclosed, and the houses in good repair, and every conveniency for the reception 12 of a large family.
Ben Powell.¹²

In June of 1782, Benjamin Powell sold lots 19 and 43 to Zachariah Rowland of Henrico County:

This Indenture made the Seventeenth day of June in the Year of our Lord one Thousand seven hundred and Eighty two. Between Benjamin Powell of the County of York Gentleman of the one part and Zachariah Rowland of the County of Henrico of the other Part Witnesseth that for and in consideration of the sum of Three Hundred and forty Pounds Current Money by the said Zachariah Rowland to the said Benjamin Powell in hand paid at or before the sealing and delivery of these presents the Receipt whereof he doth hereby acknowledge and thereof acquit and discharge the said Zachariah Rowland his Executors and Administrators he the said Benjamin Powell Hath granted bargained sold aliened enfeoffed and confirmed and by these presents Doth Grant bargain sell alien and confirm unto the said Zachariah Rowland his Heirs and Assigns forever two Pieces, parcels or Lotts of Land lying and being in the City of Williamsburg in the Parish of Bruton in the County of York and bounded as followeth, To Wit beginning at the South West corner of Waller's Street, thence down the Street leading to Queen Mary's Port Ten Poles, thence South Eighty nine degrees and a half East fifteen Poles, thence South half a Degree West ten Poles to Wallers Street thence up the said Street fifteen Poles to the beginning which said Lots are denoted in the Plan thereof by the figures 19. 43. & were purchased by the said Benjamin Powell of Benjamin Waller Esquire as by Indenture bearing date the first day of May in the year of our Lord one thousand seven hundred and sixty three & Recorded in the County Court of York will more fully appear, and all Houses, buildings Yards Gardens Woods Ways Waters profits Hereditaments and appurtenances whatsoever to the same belonging or in any wise appertaining and the Reversion and Reversions, Remainder and Remainders, Rents Issues and profits thereof and all the Estate Right 13 Title Interest, property Claim and demand of him the said Benjamin Powell of in and to the same To have and to hold all and singular the premises with the appurtenances unto the said Zachariah Rowland and his Heirs and Assigns to the only proper use and behoof of him the said Zachariah Rowland his Heirs and Assigns forever, And the said Benjamin Powell for himself his Heirs Executors and Administrators doth hereby covenant and agree to and with the said Zachariah Rowland that he the said Benjamin Powell and his Heirs all and Singular the premises with the appurtenances unto the said Zachariah Rowland and his Heirs, and Assigns will warrant and forever defend by these presents, In Witness whereof the said Benjamin Powell party to these presents hath hereunto set his hand and affixed his seal the day and Year above written--
Ben Powell

Sealed and delivered in presence of
Will Rowsay
Charles Graves
J M Galt
Matthew Anderson

At a Court held for York County
17th June 1782 This Indenture was produced in
Court and acknowledged by
Benjamin Powell party thereto
and ordered to be recorded

Examd. Test
Ms Cary DCYC

¹³

This deed clearly mentioned houses and buildings on the property. The Frenchman's Map of about 1782 shows a large L-plan house and three other buildings on the lots.¹⁴ These facts lend support to the assumption Benjamin Powell built the front frame portion of the Powell-Waller House.

By September of 1782 Zachariah Rowland was advertising in Richmond:

Richmond, September 20, 1782.

FOR SALE
And immediate possession given,
MY Lot and Houses in the City of Williamsburg, formerly the property of Mr. Benjamin Powell's. Any Gentleman inclining to purchase, may treat with Mr. Samuel Beale in Williamsburg, or myself in Richmond. If not sold by private sale before, I shall sell them at public vendue, before Mr. Galt's door, on the tenth day of October next. Credit will be given, and bond with approved security required. ZACH ROWLAND.¹⁵

Zachariah Rowland sold the property to Patrick Robertson (or Robinson). The deed for the sale is not extant because it was recorded at the General Court, the records of which were destroyed, but it is known that Robertson was in possession of the lots at least as early as July 5, 1783. On that day he advertised in the Virginia Gazette and Weekly Advertiser, published in Richmond, that he wished to sell the houses and lots in Williamsburg "formerly the property of Benjamin Powell."¹⁶ An advertisement to the same effect appeared about a year later, when the property was again described as "formerly the property of Benjamin Powell, Esquire."¹⁷ 15 [The 1783 notice bore the name "PATRICK ROBINSON," the 1784 notice, "PATRICK ROBERTSON."] The dateline on both of these advertisements was Williamsburg, perhaps indicating that Robertson (Robinson) lived in the house in Williamsburg for a time.

Neither Zachariah Rowland nor Patrick Robertson (Robinson) seems to have been closely associated with the Powell-Waller House during their ownerships of the property. Rowland apparently never lived in the house and owned the property for only a few months. Robertson (Robinson) began trying to sell the house and lots almost as soon as he purchased it and by the time he sold to Benjamin Carter Waller in October of 1791 he was a resident of Portsmouth:

This Indenture made the first day of October in the Year of our Lord one thousand seven hundred and ninety one Between Patrick Robertson of the Town of Portsmouth and County of Norfolk and Catharine his Wife of the one part and Benjamin Carter Waller of the City of Williamsburg and County of York of the other part Witnesseth that for and in Consideration of the sum of one hundred and fifty pounds current Money of Virginia by the said Benjamin Carter Waller to the said Patrick Robertson in hand paid the receipt whereof he doth hereby acknowledge and thereof acquit and discharge the said and Benjamin Carter Waller, his Heirs, Executors, and Administrators They the said Patrick Robertson and Catharine his Wife have granted bargained sold, aliened, enfeoffed and confirmed and by these Presents do grant, bargain, sell, alien, enfeoff and confirm unto the said Benjamin Carter Waller his Heirs and 16 Assigns forever two peices parcels or Lotts of Ground lying and being in the City of Williamsburg aforesaid in the Parish of Bruton and County of York being the same Lotts whereon the said Benjamin Carter Waller now liveth and which were sold and conveyed to the said Patrick Robertson by Zachariah Rowland and Peggy his Wife by Indenture of Bargain and Sale bearing the twenty sixth day of July in the year of our Lord one thousand seven hundred and eighty six [this year incorrect as Robertson was in possession of the lots as early as July 5, 1783, see page 20 of this report] proved and recorded in the Honourable the General Court reference being had thereunto will more fully appear, and bounded as followeth to Wit beginning at the South West Corner of Waller's Street, thence down the Street leading to Queen Mary's port ten poles thence South eigty nine Degrees and a half East fifteen poles thence South half a dgree, West ten poles to Waller's Street thence up the said Street fifteen poles to the beginning which said Lotts are denoted in the plan of the said City by the Numbers or figures 19. 43. and all Houses, Buildings Yards, Gardens, ways, waters, Inclosures, profits, Commodities, Hereditaments and appurtenances whatsoever to the said two peices, parcels or Lotts of Ground belonging or in any wise appurtaining and the Reversion and Reversions, Remainder and Remainders, Rents, Issues and profits thereof and all the Estate, Right, Title, Interest, Property claim and demand whatsoever of them the said Patrick Robertson, and Catharine his Wife of, in and to the same and every part thereof with the appurtenances. To have and to hold the said two peices, parcels, or Lotts of Ground and premises with the appurtenances unto him the said Benjamin Carter Waller his Heirs and Assigns to the only proper use and behoof of him the said Benjamin Carter Waller his Heirs and Assigns forever. And the said Patrick Robertson, for himself and his Heirs doth hereby covenant grant and agree to and with the said Benjamin Carter Waller, his Heirs and Assigns by these presents that he the said Patrick Robertson and his Heirs the above granted premises with their and every of their appurtenances, unto the said Benjamin Carter Waller his Heirs and Assigns against the lawful Claim and demand of all and every other person or persons whatsoever claiming or to claim the same shall and will warrant and for ever defend by these Presents In Witness whereof the parties to these Presents have hereunto interchangeably set their Hands and affixed their Seals the day and year first above written

17

Patrick Robertson
Catharine Robertson

Sealed and delivered
In the presence of
Ebenezer Ewing
Matthew Anderson
Alexr: Massenburg
John Bruce

Chas. Hunt
Ro: H. Waller as to PR
Henry Hiort

At a court held for York County the 21st day of May 1792. This Indenture was proved by the Oath of Charles Hunt a Witness thereto and on the third day of the said Court the said Indenture was proved by the Oaths of Henry Hiort and Robert H. Waller, two other Witnesses to the same and together with the Commission annexed and Certificate of the execution thereof ordered to be recorded

Teste
Ro: H. Waller cl cur

The Commonwealth of Virginia to Samuel Veale, Willis Wilson and John Hearnes Gentlemen Greeting: Whereas Patrick Robertson of the Town of Portsmouth and County of Norfolk and Catherine his wife by their certain Indenture of Bargain and Sale bearing date the first day of October in the year of our Lord one thousand seven hundred and ninety one have sold and conveyed unto Benjamin Carter Waller two pieces, parcels or Lotts of Ground lying and being in the City of Williamsburg in the Parish of Bruton and County of York whereon the said Benjamin Carter Waller now liveth and bounded as in the said Indenture is contained and specified. And whereas the said C Robertson can not conveniently travel to our Court of York County to make acknowledgment of the said Conveyance, Therefore we do give unto you or any two of you power to receive the acknowledgment which the said Catharine Robertson 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 to the said Robertsons and receive her acknowledgment of the same and examine her privily and apart from the aid Patrick her husband, whether she doth the same freely and voluntarily without the persuasions or Threats of her said Husband And whether she be willing the same should be recorded in our said Court of York County and when you have received her acknowledgment and examined her as aforesaid that you distinctly and openly certify us thereof 18 in our said Court under your Seals sending then there the said Indenture and this Writ Witness Robert Hall Waller Clerk of our said County Court the first day of October 1791 in the sixteenth year of the Commonwealth
Ro. H. Waller.

By virtue of the within Commission to us directed we did personally go to Catharine Robertson wife of the within named Patrick Robertson and examined her privily and apart from her said Husband and before us she did acknowledge the Indenture hereunto annexed to be her act and Deed and declared that she did the same freely and voluntarily without the persuasions or Threats of her said Husband and that she was willing the same should be recorded in the County Court of York of which we do certify the Commonwealth in the said Court under our Hands and Seals this first day of October 1791. Exd.

Saml. Veale
Willis Wilson

¹⁸

Benjamin Carter Waller, sometimes known as Benjamin Waller, Jr., was the son of Benjamin Waller who sold lots 19 and 43 to Benjamin Powell in 1763.

The deed of 1791 quoted above indicated that Benjamin C. Waller was already living on the lots when he purchased them from Patrick Robertson. In January of 1791, that Benjamin C. Waller sold two lots on the west side of the street leading to the Capitol Landing to Samuel Crawley.¹⁹ These lots are labeled "Billett" on 19 Tyler's Map.²⁰ The deed of January 1791 for the two lots sold to Samuel Crawley stated that Benjamin C. Waller had lately lived on the lots, indicating that he moved off the Billett lots perhaps late in 1790 or early in January 1791. Benjamin C. Waller may well have moved onto lots 19 and 43 at that time, renting them from Patrick Robertson until October of 1791 when he purchased the lots from Robertson who was then living in Portsmouth.

Records of lots 19 and 43 are scarce after the purchase of the property in 1791 by Benjamin Carter Waller. In 1814, by a deed of gift, Benjamin C. Waller gave to his son, Dr. Robert Page Waller, about one-quarter acre of land, part of the property on which they lived:

This Indenture made this 28th day of March in the year of our Lord one thousand Eight hundred and fourteen. Between Benjamin C. Waller of the City of Williamsburg of the one part and Robert P. Waller of the same place of the other part—Witnesseth, that for and in consideration of the natural love and affection which he the said Benjamin C. Waller has for the Robert P. Waller as well as for and in consideration of the sum of one dollar Current money of Virginia to him in hand paid by the said Robert P. Waller, at or before the ensealing and delivery of these presents, the receipt whereof he doth hereby acknowledge, and thereof acquit and discharge the said Robert P. Waller his Heirs, Executors, and Administrators He the said Benjamin C. Waller Hath granted, bargained, and sold, and by these presents Doth, grant, bargain, and 20 sell unto the said Robert P. Waller his Heirs and Assigns The house in which he the said Robert P. Waller at present resides, and a part of the lott upon which it stands-which said house is at present used by the said and Robert P. Waller as a Doctor's Shop-and stands upon the Lott upon which the dwelling house of the said Benjamin C. Waller is; the said part of the Lott commencing from the said House in which the said Robert P. Waller resides and running back from the corners of the said house in two streight lines to a line of pales enclosing the garden of the said Benjamin C. Waller on the West side thereof which said house and part of a Lott are bounded as follows containing by estimation about one quarter of an acre of Land-and all houses, buildings, gardens, Yards, Commodities, Hereditaments, and Appurtenances to the said house and part of a Lott belonging or in any wise Appurtaining and the reversion and Reversions, Remainder and Remainders, Rents, Issues, and profits thereof and all the Estate, right, Title Interest, property, claim and demand whatsoever of him the said Benjamin C. Waller of, in, or to the same, or any part thereof. To have and to hold the said house and part of a Lott with the appurtenances unto the said Robert P. Waller his Heirs and Assigns to the only proper use and behoof of him the said Robert P. Waller his Heirs and Assigns forever. And the said Benjamin C. Waller for himself his Heirs, Executors and Administrators doth covenant, promise, grant and agree to and with the said Robert P. Waller his Heirs and Assigns that he the said Benjamin C. Waller and his Heirs all and singular the premises with the Appurtenances unto the said Robert P. Waller his Heirs and Assigns against him the said Benjamin C. Waller and his Heirs; and against all and every other person & persons shall and will warrant and forever defend by these presents--In witness whereof the said Benjamin C. Waller hath hereunto set his hand and affixed his Seal the day & year first written.
Ben. C. Waller

Sealed & Delivered
in presence of
Wm. Lee
John Pearman
William Waller
Rd. Garrett

At a Court held for York County the
18th. day of April 1814

21

This Deed of gift was proved by the oaths of John Pearman William Waller, and Richard Garrett witnesses thereto and ordered to be recorded--
Teste
Saml. Sheild C. Y. C.

²¹

It is not known just when the office or doctor's shop was built, though this deed indicated that it was in existence before 1814. Robert P. Waller was already living in it and practicing medicine in 1814. Benjamin Carter Waller was living in the dwelling house on the property.

Benjamin Carter Waller died in 1820. His will indicated that he had three sons, Benjamin, Robert Page and William.²² Benjamin inherited the plantation called "Byrds" and other lands. William and Robert Page were named executors of their father's will and they were to divide the remainder of his estate including their father's land in Williamsburg. The will did not specify whether William or Robert Page was to inherit the property on which Benjamin C. Waller had lived, but indications are that Robert P. Waller became owner of lots 19 22 and 43. For one thing, he already owned part of the property by the deed of gift from his father in 1814, and he was living and working in the office. It seems reasonable to assume that he, rather than William, would have become full owner of the entire parcel and all the buildings on it. John S. Charles described Williamsburg at about the time of the Civil War in his "Recollections of Williamsburg, Virginia…" In describing the houses along Waller Street he stated:

The next residence on this street was called the "Clebourne" house [Elizabeth Carlos House], which was a small story-and-a-half wooden building, with dormer windows. The front porch was a short distance from the street, with yard filled with shrubs and flowers, which somewhat obscured the view. On the south side it adjoined the premises now owned by Capt. Lane, who now lives in the old home of Dr. Ro. P. Waller, who was the owner of more slaves, and the largest land owner in this section.

The premises on which Capt. Lane now lives appear much as they did years ago. The brick office in the front yard is said to have been used by Dr. Waller, when he practiced medicine. The front yard was, up to a few years ago, enclosed with an attractive picket fence, but was removed a few years ago.²³

Robert Page Waller lived in the Powell-Waller House until his death in 1872. His will was proved September 9, 1872.²⁴ In it he gave to his daughter, Catharine Page Langhorne, the house and 23 lot of land where he resided. Later owners of the property can be traced through deeds and other court records on file at the Williamsburg-James City County Court House. Copies may be found in the Accounting Department of The Colonial Williamsburg Foundation. Owners of lots 19 and 43 after Catharine Page Langhorne were:

• L. W. Lane by deed of September 8, 1887, from Charles S. Langhorne and Catharine Page Langhorne.
• Spencer Lane, Jr. (grandson of L. W. Lane) by will of L. W. Lane dated July 16, 1931. Spencer Lane, Jr. died before age 21 without issue. The property then reverted to the executors of L. W. Lane's will, B. D. Peachy, Jr. and Ashton Dovell, to be disposed of as they saw fit.
• Colonial Williamsburg, Inc. by deed of March 21, 1939, from B. D. Peacy, Jr. and Ashton Dovell. Mrs. Mackie B. Lane, mother of Spencer Lane, Jr. was given life tenancy by Colonial Williamsburg at that time. She died June 29, 1971.

BENJAMIN WALLER (1716-1786)

Benjamin Waller owned the property on which the Powell-Waller House and outbuildings are located from 1743 to 1763.

Benjamin Waller was born October 1, 1716 in King William County. His father was Colonel John Waller (1673-1754) who immigrated to Virginia from England during the last years of the seventeenth century. He married Dorothy King about 1696; they had six children, of whom Benjamin was the fifth. Colonel Waller moved his family to Spotsylvania County, where in 1722 he became the first clerk of that county.

John Carter, Secretary of the colony from 1722 to 1743, once was detained for a while at the plantation of Benjamin Waller's father. Carter was favorably impressed by Benjamin's intelligence and made arrangements for the boy to come to Williamsburg, where he placed him in the College of William and Mary. After finishing his college education at the age of seventeen or eighteen, Benjamin Waller was placed in the Secretary's office for several years, where he learned to be an excellent clerk. Secretary Carter then urged him to study law and obtained permission from Lady Randolph, widow of Sir John Randolph, for Benjamin Waller to use her deceased husband's excellent law library. Waller obtained a license to practice law in 1738.

After a few years as a lawyer, Benjamin Waller began receiving important appointments in the colony. In 1737 he became Deputy Clerk of James City County; he also held the offices of King's Attorney in Gloucester County (May 18, 1738) and King's Attorney in James City County (December 4, 1739) before being appointed Clerk of James City County on December 10, 1739. Benjamin Waller represented James City County in the House of Burgesses from 1744 to 1761. Waller was later a member of the Council of the State of Virginia from 1778 to about May of 1779. He presided in the Court of Admiralty from May 1779 until his resignation in January of 1786. He died in that year.

In December of 1774 Benjamin Waller was made a member of the Williamsburg committee for the enforcement of the Continental Association. He had served the British government well, but he was a strong supporter of the Patriots during the Revolution.

Benjamin Waller married Martha Hall (1728-1779) on January 2, 1746. Their surviving children:

• Martha, married William Taylor
• Mary, married John Taylor Corbin
• John, married Judith Page
• Dorothy Elizabeth, married Henry Tazewell
• Ann, married John Boush
• 29
• Benjamin Carter, married Catharine Page
• Clara, married Edward Travis
• William, married Elizabeth Macon
• Robert Hall, married Nancy Camm and later Martha Langhorne Crafford²⁵

Benjamin Powell ( -1791)

Benjamin Powell owned lots 19 and 43 and the buildings on the property from 1763 to 1782.

Benjamin Powell was a well-known carpenter, builder and wheelwright in colonial Williamsburg. The first mention of him in Williamsburg is in the year 1753, when a deed for the purchase of lot 30 was recorded in the York County Court.²⁶ In this deed he was described as a wheelwright. He later purchased lot 34 (1756), lot 31 (1757) and lot 32 (1758).²⁷ On January 1, 1756, Frederick Bryan, an orphan, became Benjamin Powell's apprentice. He was to stay with Powell for eight years and learn the art of carpentry.²⁸

Benjamin Powell's wife Hannabella (Annabella, Annabelle) was mentioned in a deed of 1760, when they sold lot 30 to Seymour Powell.²⁹ Annabella Powell was born in 1732 and died in 1782 according to the stone which marked her grave at Carr's Hill near Williamsburg. The stone was moved to Bruton 32 Churchyard in the 1920's.³⁰ A notice of her death appeared in the Virginia Gazette and Weekly Advertiser on January 12, 1782.

Benjamin and Annabella Powell had two daughters: Hannah who married William Drew, and Ann (Nancy) who married John Burwell, son of Armistead Burwell of Dinwiddie County.³¹

When Benjamin Powell purchased lots 19 and 43 in 1763, the deed described him as a carpenter.³² He was paid in 1764 and 1765 for work at the Publick Gaol. In 1769, he built the steeple at Bruton Parish Church and was paid for repairs at the Capitol.³³ He won the contract for building the Eastern State Hospital, and articles of agreement between Benjamin Powell and the Court of Directors of the Hospital were signed January 18, 1771.³⁴ Construction on the Hospital was completed in 1773.³⁵

Sometime between 1786 and 1790 Benjamin Powell married again. His second wife was Mrs. William Rowsay (Frances Tabb), widow.³⁶

Benjamin Powell filled places of importance in public office during his lifetime. In December 1767 he was chosen a member of the Williamsburg common council;³⁷ in December of 1774 he was made a member of the Williamsburg committee for the enforcement of the Continental Association.³⁸ During the Revolution he furnished tents for the army and did work on the barracks and for the troops in Williamsburg.³⁹ He also did such jobs for the Committee of Safety as appraising furniture at the Palace that might be needed by General Charles Lee for his headquarters during his stay in Williamsburg.⁴⁰ He was 34 Marshal of the Court of Admiralty and advertised in the Virginia Gazette many prize ships and their cargoes which were to be sold.

Besides his lots in town, Benjamin Powell seems to have owned other tracts of land in York County, most of them on or near Queen's Creek.⁴¹ It is thought that Benjamin Powell resided in York County on one of his plantations after selling lots 19 and 43.

Benjamin Powell died in 1791; Frances Powell in 1824.⁴²

BENJAMIN CARTER WALLER (1757-1820)

Benjamin Carter Waller owned the Powell-Waller House and property from 1791 to 1820.

Benjamin Carter Waller, sometimes known as Benjamin Waller, Jr., was born in 1757.⁴³ According to Littleton Waller Tazewell, Benjamin Carter Waller was "bred by his father to the bar, and practiced the law in the neighbourhood of Williamsburg with much success."⁴⁴ By February of 1775, he was Clerk of the Williamsburg committee for the enforcement of the Continental Association,⁴⁵ of which his father was a member. In September of 1775 he was elected a captain of the Williamsburg militia.⁴⁶

A notice in the Virginia Gazette on October 30, 1718 concerning the High Court of Chancery was signed by Benjamin C. Waller, "C. H. C. C." He still held the position of Clerk of the High Court of Chancery in April of 1779.⁴⁷

Benjamin Carter Waller's name was included in a list of five persons to fill three vacancies on the Court of Directors of the Eastern State Hospital in 1789.⁴⁸ He received one of the appointments and was in attendance at the meeting of the Court of Directors on February 16, 1790.⁴⁹ He was last noted as present at a Court meeting on July 28, 1795.⁵⁰ Benjamin Carter Waller apparently resigned his place on the Court sometime between that meeting and the meeting of December 1, 1796, when several new Directors were named, one of them to fill the place left by Benjamin Carter Waller's resignation.⁵¹

Benjamin Carter Waller married Catharine Page. Their children living at the time of Benjamin C. Waller's death were mentioned in his will:⁵² three sons, Benjamin, William and Robert Page, and a daughter, Martha Muse Hoomes.

Benjamin Carter Waller bought lots 19 and 43 once owned by his father. In addition, he probably inherited considerable 37 lands in York County through his father, but no will for Benjamin Waller is extant. Benjamin C. Waller received a gift of 96 acres in York County from his father in 1783.⁵³

Benjamin Carter Waller died in 1820.

ROBERT PAGE WALLER ( -1872)

Robert Page Waller owned the Powell-Waller House and property from about 1820 to 1872.

Robert Page Waller was a son of Benjamin Carter Waller. Very little is known of him except that he was a physician. His will mentioned several children and his wife, "Julia W."⁵⁴ Two sons, Mathew P. Waller and Hugh Mercer Waller, were mentioned in the will. There was a third son, William, who perhaps died without issue before his father's will was made. The three sons attended the College of William and Mary.⁵⁵

Robert P. Waller served on the Court of Directors of Eastern State Hospital beginning January 1, 1816.⁵⁶ He was also a Justice of the Peace in York County.⁵⁷

Robert P. Waller apparently was a wealthy man with considerable 40 holdings in real estate. As was noted on page 28 of this report John S. Charles described him as being the largest landowner "in this section"--Waller Street and York County. Presumably much of the land came to him through inheritance from his father. His property was described this way in 1869 in connection with a law suit:

… firm of W W Vest & Co. who sues at the costs & for the benefit of Robert F Cole obtained judgment against William Waller [probably brother of Robert P. Waller] & Robert P Waller for the sum of Five thousand five hundred & ninety two dollars & eighty four cents … Your complt. is not advised that William Waller is possessed or intitled to any real estate but charges that he is notoriously insolvent. But Robert P Waller is & was seized & possessed of large tracts of land in the county of York to wit a tract containing 2915 acres lying between Queen's Creek & Carter's Creek … a tract of 328 acres between Queen's Creek & City of Williamsburg, a tract of 487 acres between Queen's creek & Saunder's land & also a Valuable grist mill; and also divers lots of land in the city of Williamsburg to wit, a lot of land & buildings thereon now occupied by William S. Morris & which the said Robert P Waller purchased of William Waller, a lot of land adjoining the lot of Mrs. Mary Claiborne formerly owned by Benj. Waller [brother of Robert P.] decd… & also a house & lot in said city now occupied by said Robert P Waller as a residence. ⁵⁸

Robert P. Waller died in 1872.

Maps and Prints

All techniques are represented: etching, line engraving, Mezzotint, Stipple, aquatint. Steel engraving and lithography not used until the 19th Century.

Also represented are the various types of prints by subject matter known to have been popular in Colonial America. People, heads of people, nature (Catesby prints taken out of book and framed), humorous and serious, sets of seasons and the months (please do not refer to them as fashion prints - the first reference found to fashion was not until 1795), historical.

Textiles

• I. Fibers
  • A.Vegetable
    • 1.Cotton- absorbent, dyes well, not produced in great quantities in this country until after invention of cotton gin-1793. Grown in India a great deal and imported. See Sample 1.
    • 2. Linen- long fiber, sturdy-stronger than cotton, shiny-oils in fiber. grown in the colonies-flax. See Sample 2.
  • B.Animal
    • 1.Silk- from worm cocoon, strong, shiny, elegant, expensive to process, imported from orient, woven in Europe, milk industry not succeed in this country, See Sample 3.
    • 2.Wool- most popular fiber in 18th C., warm, dye well, England main producer - always trying to export- much used in colonies. See sample 4.
• II.Weaves- in any fiber or combination of fibers.
  • A. Plain weave- basic weave
    • sample 5- mostly linen, loose weave
    • sample 3- silk, called taffetas, used for dresses.
    • sample 6-cotton, called seersucker, imported from India used for curtains and bed hangings.
    • sample 7- wool- double cloth, used for coverlets- this type woven in colonies many different patterns with names- this called Virginia Beauty.
    • sample 8- wool and linen, fancy variation used for coverlets.
    • sample 1- cotton, fancy variation used for coverlets.
  • B. Twill- stronger weave than plain., more binding points. Notice diagonal line.
    • sample 9- wool, double cloth, used for men's suiting.
    • sample 10- silk, used for dresses, vests, upholstery
    • sample 11- cotton- fancy twill- Used for toweling, napkins, etc.
  • C.Satin- elegant, show lots of fiber on the surface.
    • sample 4- wool- used for upholstery and clothing
    • sample 12- silk-""""""""""""""""""""""""""""
  • D. Velvet- elegant, warm, strong, notice pile.
    • sample 13- wool and cotton, used for clothing and upholstery.
  • E. Damask- reversible through color and/ or weave variation
    • sample 14- wool, used for upholstery, covering of ladies shoes
    • sample 15- pattern made by color and weave, used for upholstery
  • F. Brocade-method of getting many colors into an intricate
    • sample 16- silk, used for dresses, and men's vests, notice back- conservation of materials
    • sample 17- silk, method of weaving for fancy colorful patterns-waste of materials- carried along the back.
• Page 13
• III. Dyeing- To get color
  • sample 18- red warps in a twill weave- to get stripes
  • sample 19- stripes of blue warps cross with bands of blue wefts- to get check- very popular in 18th C. - easy way to get color and pattern. sample 20- sections of the warp are tie-dyed, then woven to get jagged edges to pattern.
• IV.Printing- Usually done on plain weave.- even surface, on cotton or linen, or combination
  • A. Mordant painted and dyed- not really printed, first made In India. Made Europeans anxious to compete, led to development of European printed textile industry. A mordant is a chemical that fixes a dye on a fabric by combining with the dye to form an insoluble compound. Bright colors, not wash out. Since design hand painted, not repeat. see sample 21- used for bed hangings, dresses, men's dressing gowns.
  • B. Block printing- design carved in relief on a wooden block. Background is carved away. Sometimes nails put into block to get little dots called picotage. Different block for each color. see sample 22- used for dresses and upholstery.
  • C. Copper plate printing- design is drawn on copper plate, very fine lines can be drawn, ink goes into lines. usually monochrome. see sample 23- used for curtains and bed hangings,
  • D. Roller Printing- used in later part of 18th C. like copper plate only on a roller, shorter repeat, stripes, color put in with blocks. see sample 24-
• V.Special Techniques
  • A.Resist Printings- paste put on with blocks textile then dyed, dye takes only where paste is not. samples of this technique found in this country. see sample 25- notice picotage marks, used especially for bed hangings.
  • B. Painted silk- paint pigments painted directly on silk, done in China and France-very impractical- since paint chips off, used by very wealthy for dresses, curtains and bed covers. see sample 26- imitation- not see thickness of paint.
  • C. Moiré or watering- done on silk, wool- pressed between heavy rollers with steam - see sample 27.
• VI.Embroidery- designing done with a needle and thread on a woven fabric,
  • A.Crewel embroidery- kind of wool sample 28- not American- wool wasted on back, done in chain stitch sample 29- like American- wool mostly on the surface, flat stitches.
  • B.Quilting- needs two layers of fabric, usually and stuffing- for warmth-for Coverlets and petticoats sample 30- two layers of wool, quilted and stuffed.

Powell, Benjamin

(2)

[…] year from the time of my death.

Item I direct that my Land, Slaves, and Stocks in the Counties of YOrk and James City be kept together and manages as heretofore under the directions of my Executors hereafter named and after the necessary expences of every sort are first annually paid, I desire that the profits arising yearly be equally divided between my Wife Fanny my Daughter Hannah and my Daughter Anne which said Lands and Plantations, I direct may be so kept until my said Grand son Benjamin attains the age of twenty one years as well as the slaves and personal estate, and then I give and bequeath the said Lands and Plantations unto my said Grandson Benjamin Drew and his Heirs forever. Item I give and bequeath the slaves that are to be so kept and worked on my York Plantation until my Grandson Benjamin attains the age of twenty one years, when he the said Benjamin attains the age of twenty one years as aforesaid, to be divided in the following manner that is to say, one half of the said Slavs I give to my Grandson Armistead Burwell and the other half to be equally divided among the other children of my said Daughter Anne Burwell.

Item what I have hereby given to my Wife Fanny I desire and direct may be given and delivered to her not withstanding any marriage settlement made between myself and her.

Item Should my Grandson Benjamin Drew die before he attains the age of twenty one years I direct that my lands, Slaves and personal Estate in York and James City Counties be kept together until the death of my beloved wife Fanny in the same manner as I have directed them to be kept together until my Grandson Benjamin should attain the age of twenty one years and after the death of my said Wife I give all

Powell, Benjamin

(3)

the Estate so given to my said Grandson Benjamin to be equally divided between my Daughters Hannah Drew and Anne Burwell and their Heirs

Item After payment of my Just Debts I give and bequeath all the rest and residue of my estate not before divided of what nature or kind so ever to be equally divided among all my Grandchildren

Item I desire that my wife may be furnished from my York Plantation by my Executors hereafter named, with Fire Wood to the Value of Fifteen Pounds a Year after her removal from the said Plantation during her natural life if she reside in Williamsburg.

Item I further Will and direct that my Executors hereafter named dispose of at their discretion any of the Slaves belonging to and remaining on my said York Plantation for misbehaviour or other good cause and lay out the money arising from the sale of such Slave or Slaves in the purchase of the Slaves for the House of the said Plantation.

And lastly I do hereby nominate constitute and appoint my friend Henry Tazewell, William Pasteur, Philip Barraud, Joseph Prentis, John Pierce, William Russell, and William Plume executors of this my last Will and Testament and do direct that the acting executor or Executors may receive out of my Estate such compensation for his or their trouble in the execution of this my Will as to a Majority of the aforesaid executors or the survivors of them shall seem reasonable. And I desire that my Executors may not be obliged to give Security for the execution of the trust hereby reposed in them. In witness whereof I have hereunto set my hand and affixed my seal the seventeenth day of November in the year of our Lord one thousand seven hundred and Ninety

signed sealed published and
declared by the Testator as and
for his last Will and Testament

Powell, Benjamin

(1)

IN THE NAME OF GOD AMEN I Benjamin Powell of the County of York being sick and weak but of perfect sense and memory do make and ordain this writing as and for my last will and Testament in manner and form Following.

Imprimus I lend to my daughter Ann Burwell all the Slaves and personal Estate which is purchased at the sale of her lte Husband John Burwell deceased (except a Negro Girl named Pegg and a Bay Horse called Stephen) which I have now in my Possession, during her natural life and after the death of my said Daughter Anne I give and bequeath the said Slaves and personal Estate to be equally Divided among the Children of the said Anne Burwell or the survivors of them and should any of the children of the said Anne Burwell die in the lifetime of their said mother leaving a Child or Children, I direct that such child or children may take what his or their Father or mother would have been entitled to.

Item I lend to my Daughter Hannah Drew during her natural life the Following Slaves to wit, Betty, Boy Phil, Boy James, Boy called Billy Drew, Hannah and all her Increase (Except her Child Charles and after the death of my said Daughter Hannah, I give the said Slaves to my Grandson Benjamin Drew, but should my said Grandson Benjamin die before he attains the age of twenty one years, I give the said Slaves to be equally divided among the other children of my said Daughter Hannah if any there be but if not then and in that case I desire the said slaves may be equally divided among the Children of my Daughter Anne Burwell.

Item I give and bequeath unto my beloved wife Fanny two third of my Household and Kitchen furniture (except my Plate, half a Box of sugar now in the HOuse, fifteen Gallons of Wine and all the old Rum. I likewise desire that my said Wife may continue in possession of the plantation and dwelling Houses whereon I now live for one […]

Powell, Benjamin

(4)

for his last Will and Testament
in presence of
J M Galt, Augustine M Smith, John Weathers, Ro: Morton

Codicil to the foregoing Will
As I have made no provision for a Residence for my Daughter Hannah Drew in this my Will, I hereby give her the use of Houses and LOt in Williamsburg whereon she now lives so long as I may be entitled to them under my agreement with William Bland to whom they belong and in case the said Bland shall chuse to occupy them himself then I give to my said Daughter Hannah the money which he may owe for Repairs to the same under the said Agreement Also disire my Executors before mentioned may at the Expence of my Estate enclose the lot in Williamsburg whereon John Bryan now lives and remove the kitchen thereon to such part of the Lot as my said Wife may chuse and to refit the same with a Brick Chimney in a frugal and comfortable manner

My Will and desire is that my beloved wife and my Daughter Hannah be furnished with two Milch Cows each from my Plantation in York County and that the said number be kept up by supplying them with others in case of accident and to change them for others as they may grow old

I give to my beloved wife and to my Daughters Hannah Drew and Anne Burwell to be equally divided among them, all the Rum & Wine and Sugar which may remain in the House after my death (except the Hogshead of Rum and Quarter Cask of Wine last purchased) In Witness whereof I have hereunto set my Hand and affixed my seal the nineteenth day of November in the year of our Lord one thousand seven hundred and ninety.

Powell, Benjamin

(5)

Signed Sealed Published and declared by
the Testator in presence of
Augustine M Smith, Ro: Morton, John Weathers
Ben Powell [illegible]D

At a Court held for York County the 17th day of January 1791

This Will was proved by the oaths of John M Galt, Augustine M Smith and Robert Morton and the Codicil thereunder written was also proved by the oaths of the said Augustine M Smith and Robert Morton witnesses thereto and ordered t be recorded and William Plume, Henry Tazewell, Jno Peirce, Will Pasteur, Philip Barraud, Jos: Prentis and William Russell the Executors in the said Will named having by a certain Instrument of Writing under their Hands and seals notified to this Court that they do relinquish and renounce the right of Executorship under the said Will in the notion of Jno Pierce Joseph Prentis and Will: Russell who made oath according to Law and with John M Galt and John Bracken their Securities entered into and acknowledged their Bond in the Penalty of £5,000 Current Money conditioned as the Law directs Certificate was granted them for obtaining Letters of administration on the Estate of the said Benjamin Powell decd with his said Will annexed in due form.
Exmd
Teste Ro H Waller Cl Cur