Block 44 Lots 212-217 Historical ReportOriginally entitled: "The Jane B. Cary Lots South of Court House Square"

Mary A. Stephenson

1949

Colonial Williamsburg Foundation Library Research Report Series - 1353
Colonial Williamsburg Foundation Library

Williamsburg, Virginia

1990

November 28, 1950
To: Mr. Campioli
From: A. P. Middleton
Re: The Jane B. Cary Lots

I am attaching hereto a report on the Jane B. Cary Lots (South of Court House Square), prepared by Mary Stephenson.

A.P.M.

THE JANE B. CARY LOTS
South of Court House Square

LOCATION:

The lots designated as "land of Jane B. Cary" in an insurance policy of 1819 (See: below in history) were located to the south of the lots on which the James City County court house once stood. The block of 6 lots marked "Burwell" on the College Map (1791?) is bounded north by Ireland Street, east by England Street, west by King Street and south by a lane. (See: College Map, copy in Appendix #1)

HISTORY:

Little is known of the early owners of the lots designated in the nineteenth century as "the Jane B. Cary lots." Maps of the late eighteenth century throw some light as to buildings on the lots or name of owners. The Frenchman's Map (1782) of Williamsburg shows a house with office (perhaps) to the west, and two dependencies to the rear. (Drawing in Illustration #1) The College Map (1791?), Galt Map (made by Browne 1780?), and Bucktrout-Lively Map (1803-1867) indicate the name "Burwell" on the 6 lots. (Copies of maps in Department of Research)

Before Mrs. Jane B. Cary came into possession of the 6 lots marked "Burwell" it seems that the lots were owned by a William Burwell. Land tax accounts for Williamsburg and tax transfers list the property thus:

"1804 --- McCandlish via William Burwell1 -- 6 lots" (Land Tax Transfers for Williamsburg, copy in Department of Research)
"1806--B. Jane Cary via McCandlish-----6 lots annual value $70" (Land Tax Accounts, copy in Department of Research)

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In 1782, Jane B. Carr, daughter of Dabney Carr and Martha Jefferson Carr, married Wilson Cary of "Richneck", son of Wilson Miles Cary of "Ceelys" and Williamsburg. (Virginia Magazine History , 11, 223) It is apparent from subsequent records that Mrs. Cary as a widow moved to Williamsburg about 1806, and occupied property to the south of her father-in-law, Wilson Miles Cary.

Several items gathered indicate that Mrs. Jane B. Cary was living in Williamsburg in 1809 & 1810:

1809 March 17, St. George Tucker to B. T, Coalter: "Col Carey and Mrs. Jane Carey's family will eat cakes with him today--dinner visiting is now the rage - yesterday refused Col. Carey ... " (Tucker-Coleman Mss, Department of Research)
1810 Sept. 12, Mrs. Ann Blair Banister to her niece: "...Mrs. J. Cary is at her mothers in Albemarle..." (Blair, Banister Braxton Families, p. 114)

From 1806 to 1820, Jane B. Cary is charged in the land tax accounts with "6 lots with annual valuation at $70." (Copy in Appendix #2)

Mrs. Jane B. Cary was one of the heirs mentioned in the will of Wilson Miles Cary, her father-in-law, who died in Richmond in November 1817. (Will probated in Richmond General Court, June 1818)

"I give to my daughter in law Jane B. Cary in fee simple the houses and lot in Williamsburg where she now lives, also a negro woman handmaid to her called Louisa with all her children ... I also give to my daughter in law an annuity of One hundred and thirty two pounds to be paid to her out of my whole estate annually during her life as compensation for her dower and share in negroes sold for my benefit." (Copy in Southall Papers, Department of Research)

"In 1819, the land of Mrs. Jane B. Cary is south" of the property of Roscow Cole. Cole had purchased the lots formerly the Wilson Miles Cary property. (See: Mutual Insurance Policy #2640, copy in Department of Research)

In 1820, Jane B. Cary is listed as owner of "1 lot with value of lot and buildings $900. Added for buildings $600."1 This valuation remains the same through 1830. (Appendix #2)

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However, in April 1825, Jane B. Cary advertised her house and lots in Williamsburg for sale:

"Houses and Lots for Sale.
I offer my
HOUSES & LOTS
in Williamsburg for sale, the premises, several acres, are well enclosed; the buildings in good order; and the situation a most desirable one for a family. Possession can be had on the 1st. day of June next, and for terms...application may be made to Mr. Robert Anderson, who is authorised to contract for me.
JANE B. CARY." (Phoenix Gazette, Williamsburg Intelligencer Joseph A. Repiton & Co., ed., Saturday, April 30, 1825)

In 1831 a marriage agreement between Jane B. Cary and Edward D. Smith of Fluvanna County may explain Jane Cary's advertisement to sell her Williamsburg property.

In 1831, Benjamin Waller is charged with "1 lot via James B. Cary1" (tax transfers). As no "James B. Cary" appears on the tax accounts in Williamsburg, it is thought that such name is an error, and that Jane B. Cary is the correct entry.

There is a gap of some thirty years in the chain to title to this property. Waller may have owned the lots (as it seems above) and sold to a Mr. Neale sometime before 1860. There seems no way to clear up this period as court records have been destroyed.

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The property is described by Mr. John S. Charles in his "Recollections of Williamsburg 1861-65" as it appeared at this period:

"At the south west corner of England and Ireland streets, there stood, not many years since, a house, colonial in style. It was a frame building, two stories high with wide hall through the center. It had a single story extension with door in end facing England street. The entrance to the main building had a door opening in a porch, facing Ireland street.
This house stood in an ample lot, with the usual outbuildings. It was destroyed by fire on Christmas day, long since the War; This old residence was known as the 'Neale' house." (page 55, copy in Department of Research)

In 1930 Mr. Charles stated that the Neale property was owned by Judge [Sidney] Smith1 of Yorktown. (Ibid)

On June 26, 1856 Sidney Smith advertised in the Williamsburg Virginia Gazette:

"That valuable Residence and Lot situate in the city of Williamsburg recently purchased by Austin A. Neel of Mrs. Newnun. House is in fine order, having been recently painted. 4 acres--location most desirable of any in the city"

The scarcity of source material in James City County makes a chain to title to this property difficult to secure. Such conditions have come about by the destruction of the court records in the Civil War.

IN SUMMARY:

The Frenchman's Map (1782) designates a house on the lot with smaller dependency to the west and two smaller buildings to the rear of the lot. The lot is enclosed. Other maps of the period, namely: the College Map (1791?) and The Bucktrout-Lively Map (1800-1867), show the name "Burwell" on the 6 lots. Apparently a William Burwell was owner.

In 1806, McCandlish who had come into the 6 lots via William Burwell, transferred his rights in the property to B. Jane Cary, a daughter-in-law of -5- Wilson Miles Cary, who lived on adjoining lots. Mrs. Cary apparently lived on the property until about 1831 when she removed to Fluvanna County and married Edward D. Smith. There is a gap in ownership for some years. In the Civil War period, according to Mr. Charles, the house and lots were known as "the Neale" property. Austin Neale and Sydney Smith were brothers-in-law via marriage to the Bucktrout sisters. This fact may explain how Smith became owner of the lots in 1859. Land tax accounts for 1859 valued the property at $700.

Sometime in the early twentieth century the house was burned to the ground on a Christmas Day. Only a small office-like house was saved. This house can be seen in a picture taken of Tazewell Hall in 18 . (Department of Research) It has been called the "Mary Cary House" supposedly for Mary Cary, a sister of Wilson Miles Cary, and sister-in-law of Jane B. Cary, owner and occupant for some years. A picture of the small dependency on the lot can be seen in the Research Department.

APPENDIX
Illustration #1 - - - - - Maps
Illustration #2 - - - - - Tax Accounts

Footnotes

^1 Loss of James City County records in the Civil War has made research difficult. Nothing further could be found about William Burwell's lots in the city. Tax records or insurance policies throw no light. Lewis Burwell appears to be the only Burwell to hold lots in Williamsburg at this period. Burwell is cited as proprietor of lots in the city in 1783. (William and Mary Quarterly , vol. 11, 114)
^1 A codicil to the will of Wilson Miles Cary stated that Mrs. Jane B. Cary should make necessary building or repairs to her property in the event that Cary's widow should make her home with her. (See: Will of Wilson Miles Cary, Dept. of Research)
^1 Swem's Virginia Historical Index lists no James B. Cary.
^1 Two daughters of Benjamin E. Bucktrout married Austin Neal and Sydney Smith respectively. Whether Smith came into the Jane B. Cary lots via his wife's sister's heiring from her sister Neal, is not clear. It is entirely possible. (File 16, Chancery Suits, James City County Courthouse give accounts of these marriages)

RR135301 Jane B. Cary lots
Illustration #1

Appendix #2
Jane B. Cary Lots

WILLIAMSBURG LAND TAX RECORDS
Annual Value
1804 McCandlish 6 lots via William Burwell (tax transfers)
1806 B. Jane Cary 6 lots via McCandlish $ 70.00
1810 B. Jane Cary 6 lots 70.00
1812 B. Jane Cary 6 lots 70.00
1815 B. Jane Cary 6 lots 70.00
1817 B. Jane Cary 6 lots 70.00
1818 Jane B. Cary 6 lots 70.00
1819 Jane B. Cary 6 lots 70.00
1820 Jane B. Cary 1 lot 900.00 added on account of buildings $600.00
1825 Jane B. Cary 1 lot 900.00 buildings $600.00
1828 Jane B. Cary 1 lot 900.00 buildings $600.00
1830 Jane B. Cary 1 lot 900.00 buildings $600.00
1831 Benjamin Waller 1 lot via James[sic] B. Cary(tax transfers)
1859 Mary E. Neal 1 lot 700.00 buildings $600.00
1861 Mary E. Neal 1 lot 600.00 $425.00

Illustration #3

RR135302 The Cary House, home of Washington's early sweetheart

Enlarged from a small picture loaned the department by Miss Agnes Morecock in 1948