Colonial Lots 165, 166 and 172, Block 29 Historical Report, Block 29 Lot 165, 166, 172Originally entitled: "Additional Report: Colonial Lots 165, 166 and 172, Block 29"

Mary A. Stephenson

1947

Colonial Williamsburg Foundation Library Research Report Series - 1633
Colonial Williamsburg Foundation Library

Williamsburg, Virginia

1994

Additional Report
Colonial Lots 165, 166 and 172
Block 29

Previous reports (dated 1940 and 1943 - both prepared by Miss Mary E. McWilliams - and now on file in the Department of Research) have dealt with lots 165 and 166. In these reports there were gaps in the ownership of lots 165 and 166 and almost nothing had been discovered regarding lot 172.

It is the purpose of this additional report to clear up gaps in the title, if possible, and to set up a reasonable basis for the occupancy (and possible ownership) of Thomas Everard of lots 165, 166 and 172.

LOCATION:

Lots 165 and 166 are located southeast of the Palace at the intersection of Scotland Street with Palace Street. Lot 172 lies to the rear of lots 165 and 166 and is contiguous to lot 173.

HISTORY:

A thorough search has been made in source materials of the period, such as the York County Court records, the Diary of John Blair (1751), the Secret Diaries of William Byrd (1709-1712; 1739-1741), Dinwiddie Papers (1751-1758), Spotswood Letters (1712-1721), Bruton Parish Records, the Virginia Gazette and letters of the Tucker-Coleman collection and Norton collection found in the Department of Research. Some new material has been discovered.

In July 1716, Archibald Blair of James City County was granted lot 172 along with lots 170, 171 and 173 (York County Records, Deeds, Bonds, III, pp. 126-127). On November 5, 1716, two lots along Palace Street, known by the numbers 163 and 164. on the southwest side of the block, were allotted by the trustees of the City to William Levingston; also, lot 169 to the rear of lots 163 and 164. (Ibid., Deeds, Bonds, III, 204.)

In 1717, John Brush was granted &"two certain lots of ground in Williamsburg denoted in the plan of the said city by the figures 165, 166.&" 2 (York County Records, Deeds, Bonds, III, 246-247.) According to the Act of Assembly of 1705, a building clause was added to these deeds.

Below is given a drawing by the writer of this report which shows the ownerships of lots on block 29 in 1716-1717. These lots are so closely related that it may be well to keep the &"neighbors&" of lots 165 and 166 clearly in mind. All of the lots are located on the east side of Palace Street.

RR163301Block 29 in 1716-1717

The history of the chain of title to lots 165 and 166 covering the period 1717-1742 Is partly found in the &"Brush House History&" (1943), prepared by Miss McWilliams. The legendary date of the building or construction of the house located on lots 165 and 166, known as the &"Brush House,&" is based on a date &"1734&" found on the windowpane in the southwest room. Such date appears to have been scratched with a diamond or some hard tool. In 1734, the ownership of lots 165 and 166 was recorded under Elizabeth Russell, who had come into possession of the two lots in 1728. Who this Elizabeth Russell was is not certain. Some think, perhaps she 3 was the wife of Henry Cary II,1 master builder of the time, who provided in his will (1748) for his wife, Elizabeth Cary. Cary designated 200 pounds for his wife in consideration of a like sum he had received for the sale of her house in Williamsburg. (Robert K. Brock, Archibald Cary of Ampthill, Richmond: 1937, p. 145.) The value placed on the property, when mortgaged in 1744, was the same amount, 200 pounds, which may be significant.

The history of lots 165 and 166 is somewhat sketchy from 1742 to 1779. From evidence in two deeds (both dated September 10, 1773) and in a later deed (September 1, 1779), it is apparent that John Blair possessed these two lots after 1745 and that his ownership was followed by Thomas Everard2:

September 10, 1773

Blair, John.-Esq.
to
Everard, Thomas-Esq.
Consideration: 5 shillings & 3 lots.

One lot of land lying and being in the said city, 4 Bruton Parish, County of York, denoted in the plan of the said city by the figures 172, and was devised to the said John Blair by his brother Doct James Blair dec'd. (York County Records, Deeds, VIII, p. 374.)

On the same day Everard gave a deed to John Blair:

September 10, 1773.

Everard, Thomas
Williamsburg
to
Blair, John
Consideration: 1 lot of land in the city of Williamsburg conveyed by John Blair to Thomas Everard, sum of 5 shillings.

Three lots of land lying and being in the city of Williamsburg Parish of Bruton, County of York, denoted in the Plan of the said city by the figures 175, 176 and 177, and were sold to the said Thomas Everard by Peyton Randolph, Esq. [See York County Records, Deeds VIII, p. 38, Peyton Randolph to Thoms Everard - consideration £13.10 - March 1770.]
(York County Records, Deeds VIII, p. 373.)

The deed from Everard to Blair mentions only lot 172. However, there is strong evidence to indicate from a deed of other property that Everard was the owner of lots 165 and 166 as well as lot 172:

September 1, 1779.

John Tazewell and wife
to
Henry Tazewell
Considerations 1200 Pounds

...3 lots denoted ... 163, 164 and 169, bounded by Palace Street on the West by the Lott of Thomas Everard on the North by the Lott of John Blair, Esq. on the East and by the Market Square on the South ... with all buildings... (York County Records, Deeds VI, p. 227.)

If Blair and Everard exchanged lots in September 1773, an the foregoing deeds seem to indicate, then the invoice designated as follows has added significance: "Mr. John Norton Invoice of Goods for T. Everard 2 October 1773 ..." Among the long list of goods, clothes, etc., for slaves are lists of finer materials for ladies clothing, and household belongings 5 such as a kettle, pans, shovel and tongs, brushes, brooms, books, etc. Also included is an order for 100 feet window glass, 11 inches by 9½. (John Norton & Sons, Merchants...p. 367.) On the 12th of February, Everard had written to Norton & Sons, ordering "100 lb. White lead ground in Oyl." (Ibid., p. 300.)

Everard is known to have lived near George Wythe,1 possibly on or near Palace Green. In writing to John Norton & Sons, merchants in London, in August, 1770, Everard mentions that "Your Son has been sometime confined Sick at my Neighbor Mr. Wythes but is now pretty well recovered and gone to York." (Ibid., p. 142.) Everard is known also to have lived in the vicinity of Dr. Gilmer's: "February 5, 1751. Spent the eveng (after a visit at Mr. Everard's) at Doctr Gilmer's: and bethot me the way of coming with ___" ("Diary of John Blair," William and Mary Quarterly, first series, VIII, 2.) Blair does not locate Everard's house exactly but it is known that Dr. Gilmer's house and shop were on lot 163. (See house history of lots 163, 164 and 169, Department of Research.)

MAPS:

In 1782, the Frenchman's Map shows a small house with five out-houses northeast of the main house on lot 165. The College Map (1791?) indicates the name "Carter" on lots 165 and 166; also on the adjoining lot 172. From the notes which follow in this report, it is apparent that James Carter2 6 was the "Carter" referred to by the College Map. (See Illustration #2 for Tyler's copy of College Map.)

HISTORY (continued):

In 1788, Williamsburg tax transfers indicate that James Carter came into "3 lots via Dr. Hall." (Tax Transfers, Department of Research.)

It is known that Dr. Isaac Hall of Petersburg married Martha Everard, daughter of Thomas Everard of Williamsburg, one time clerk of the General Court, Commissioner of Accounts before and during the Revolution, and executor of many estates in York County. Dr. Hall died in 1806 leaving a will proved in Petersburg. (William and Mary Quarterly, first series, IX, 123.) It is known also that Dr. Hall was a vestryman at Bristol Parish, Petersburg, in 1787 and 1788. (Chambarlayne's The Vestry Book and Register of Bristol Parish, Virginia, 1720-1789, pp. 270-274.) However, proof will be given below to show that Dr. Hall was closely associated with Williamsburg and its people in addition to being a property owner there up to 1788.1

On March 9, 1787, Dr. Hall who was a dear friend of the Tucker family, delivered certain items to Richard Randolph, step-son of St. George 7 Tucker, from his mother at Matoax.2 Richard Randolph wrote his mother on March 8th: " ... Dr. Hall brought all the things except tea and coffee ... pleased with breeches and shirts ... tomorrow is my birthday ..." (Letter from Richard Randolph to Frances Bland Randolph Tucker, dated March 8, 1787, from Williamsburg - copy from Tucker-Coleman Collection, Department of Research.)

On March 19, 1787, Dr. Hall is charged with labor, etc., by Humphrey Harwood, carpenter, of Williamsburg: "Dr. Hall (Petersburg) ... taking down 2 Marble chimney pieces ... 134 bricks ... 4 bushels of lime ... to laying 2 hearths ... and plastering Chimney____£1.10" (Harwood's Ledger B. p. 90 photostat copy in Department of Research). On the credit side of the account for Dr. Hall the following is recorded on July 28, 1788: "By Cash in full by Mr. John Carter (Skiper) ___ £1.10" (Ibid., p. 91).

One cannot be sure that the house which Harwood repaired for Dr. Hall was in Williamsburg but it seems probable because Hall did own property here, and Harwood lived in Williamsburg and often made carpentry and brick laying repairs.

It is possible that Dr. Hall came into possession of lots 165, 166 and 172 through his marriage to Martha Everard, daughter of Thomas Everard. Until 1877 the Virginia law gave the husband entire legal right and control of his wife's property. If Martha Everard Hall had inherited lots from her father in Williamsburg, then according to the Virginia law her husband would be the legal owner and responsible for the tax and upkeep.

8

Exact information is wanting here. The fact that Dr. Hall owned property in Williamsburg in 1788, and held an intimate friendship with the Tucker family over a period of years, seems significant1 Dr. Hall may have been owner and occupant of lots 165 and 166 at the same time the Tuckers were living on the Tucker property on lot 169. Certain letters from Dr. Isaac Hall to Mrs. Frances Randolph Tucker at Matoax, dated November, 1787, "Petersburg"; to St. George Tucker in Williamsburg, dated January 4, 1790, October 30, 1790, and December 20, 1798, concerning the illnesses in the family, the choice of a tutor for the Tucker children (Coalter was his choice), and certain requests regarding Hall's brother who was a student at the College in Williamsburg - throw light on the intimate relationship between the two families. Dr. Hall signs the letters "Yours in Affectn." (Tucker-Coleman Collection, Department of Research.)

Incomplete tax records for Williamsburg show that James Carter is charged with 3 lots from 1791 through 1819. A James Carter was a merchant in Williamsburg from 1771-1787 (Virginia Gazette). A Dr. James Carter owned a house within the city in 1776: "Doct. James Carter's [house] which is but small, yet has many convenient out buildings which might be applied also to the purposes of Hospitals ... may be procured for the sum of one thousand Pounds ... " (Executive Communications of Patrick Henry, Folder 1776, June 15th, Virginia State Library, Archives - copy in Palace Book, Department of Research.) A James Carter of Williamsburg owned lots 212-217 from 1769-1781, and lot 53. (Williamsburg Tax Records.) One cannot tell from the records 9 whether Dr. James Carter and James Carter were one and the same person or not.

James Carter's association with lots 165, 166 and 172 from 1788-1801 can be seen in the tax accounts of Williamsburg Land Tax Books. (see illustration #3.) Carter's estate is charged with 3 lots in the city until 1819.

[NOTE: The following information relating to Dr. James Carter as owner of lots 165, 166 & 172 came to light in some new Ms Papers sent in by Mrs. George Coleman, Dec. 10 1948.]

In describing the Tucker property for tax purposes on the first day of April 1815, The Tucker property is bounded thus:

"which Lots adjoin the Lots of James Henderson Esqr on the East; the Court house square (or Nicholson street) on the South, the palace Street on the West, & the Lot formerly belonging to Dr James Carter, & now in the Occupation of Mrs Margaret Page on the North ... "
Mrs. Margaret Page was the second wife of Governor John Page. She was the daughter of William Lowther of Scotland, was married in 1789, and had eight children - among them Gregory Page who was drowned while a student at William and Mary College, John Page who died unmarried in 1838, Barbara Page who died unmarried in Williamsburg ca 1864, aged 69 years, and Lucy who married Hon. Robert Saunders of Williamsburg. (See: Genealogy of the Page Family in Virginia-New York, Jenkins & Thomas, 1883.)

In 1820, Milner Peters of Norfolk came into possession of the property "Heretofore charged to Jas Carter" (Williamsburg Tax Records, p. 77). Carter had died in 1794, leaving a will which indicates that he had a daughter under age, named Elizabeth. (William A. Crozier, Williamsburg Wills, p. 15.) Some time later, Milner Peters married Elizabeth Carter, daughter of James Carter. (See: "Marriage Returns of the Borough of Norfolk 1809-1829" for the year 1810 in which the following is recorded: "May 28th. Milner W. Peters and Elizabeth Carter." - copy in Virginia Magazine of History & Biography, XXXIV, 263.)

The subsequent history of lots 165, 166 and 172 can be found in the Brush House History (Department of Research, 1943) and in the history of lot 172 which follows the summary in this report.

10

IN SUMMARY:

John Brush became owner of lots 165 and 166 in 1717. Brush held the lots until his death in 1726 when his heirs came into possession of the property. In 1728, Elizabeth Russell held the lots, until 1734 or later. It is possible that Henry Cary II was the husband of Elizabeth Russell, widow, and that he came into her house and lots by marriage with her. Cary sold what appears to be this property before her death and made provision in his will (1748) for an additional 200 pounds for his wife, Elizabeth, in consideration of a like sum that he had received for the sale of her house in Williamsburg. From subsequent deeds to the property during the period from 1742-1779 it is obvious that John Blair possessed lots 165 and 166 after 1745 and that his ownership was followed by Thomas Everard. The exact date of the period of ownership of Blair and Everard is not known from available court records. Circumstantial evidence collected from letters, journals and court records point to Everard's occupancy and ownership of lots 165, 166 and 172 until his death in 1784. Then, it appears that Dr. Isaac Hall, husband of Martha Everard Hall, was the owner. Hall's ownership of a lot in Williamsburg is certain from tax transfers. His occupancy and ownership of lots 165, 166 and 172 in circumstantial but strong in evidence gathered. Following Dr. Hall, James Carter acquired the property in 1788. Carter's association with the lots from 1788-1801 is found in the tax accounts for Williamsburg. In 1820, Milner Peters of Norfolk was in possession of lots "heretofore charged to Jas Carter." Peters had married the daughter of James Carter. The subsequent history of the property can be found in the Brush House History (Department of Research, 1943). and in the history of lot 172 which follows in this report.

11

Lot 172

The earliest record found as to the ownership of lot 172 appears in the York County Records of April 12th, 1713, when Christopher Jackson was granted lots 171 and 172 by the trustees of the City. The usual stipulation that the owner build and finish a house on each lot within 24 months appeared in the deed according to the Act of Assembly of 1705. (York County Records, Deeds, Bonds, III, p. 31.) On September 18th, 1713, a release deed of the feoffees established Hon. Alexander Spotswood with "one certain lot in the city of Williamsburg designed in the plot of the said city by the figures 174." (York County Records, Deeds, Bonds, II, p. 428.) (Lot 174 is mentioned because of its connection with Archibald Blair in 1716. See below.)

Lot 172 evidently reverted to the City from Jackson because the building clause had not been complied with. In July 1716, Archibald Blair of James City County was granted lot 172 along with lots 170, l71 and 173 with a building clause added in the deed. (Ibid., Deeds, Bonds, III, pp. 126-7.)

In 1735, the records show that John Blair, executor of Archibald Blair, conveyed title on his property to Dr. George Gilmer (York County Records, Book V, Deeds, pp. 153-154). In 1763 apparently John Randolph and wife were in possession of Blair's property. Randolph and wife sold to Peter Hay five lots which appear from later records to be lots 170, 171, 172, 173 and 174. Hay sold the lots to Dr. Gilmer, who resold them, in 1771, to John Blair (York County Records,, Book VIII, Deeds, p. 124). It is known from deeds cited above that Archibald Blair's garden was a boundary line to describe other property: "adjoining to the garden of the said Archibald Blair."

12

In 1773, John Blair conveyed to Thomas Everard lot 172. (For continuation of the history of lot 172, see the foregoing report on lots 165 and 166 which is attached hereto.)

APPENDIX
Illustration #1 - Summary of Notes on Thomas Everard
Illustration #2 - Tyler's Map
Illustration #3 - Tax Records
May, 1947
Department of Research
(Report prepared by Mary A. Stephenson,
General Research Assistant)

Footnotes

^1. Henry Cary II was keeper of the Magazine until 1726. If he had married Elizabeth Brush or Elizabeth Russell before 1734, it is possible that he built or remodeled the house on the lot owned by his wife. The present house seem more pretentious than usual for a gunsmith's dwelling. Possibly excavations near the house may discover a former house which was the Brush house (ca. 1717). (See Brush House History.)
^2. Thomas Everard served as clerk of York County, 1745-1784. (John Norton & Sons, Merchants ... edited by Frances Norton Mason, Richmond: 1937, p 510.) He was a witness to the will of Governor Fauquier. (Will proved in York County, March 1768.) In 1768, Everard held about 600 acres in James City County according to the tax records. Everard is listed as buyer of items of Fauquier's personal property in the amount of 125 pounds. (See Fauquier inventory copy in Department of Research.) In 1773 Everard advertised a slave for hire. (Virginia Gazette, Purdie and Dixon, eds., December 23rd.) From 1769-1774 Everard ordered goods of various kinds from John Norton & Sons, London. (John Norton & Sons ...pp. 101, 141, 300, 353.)
Everard's daughter, Frances Everard, married Rev. James Horrocks, commissary in 1768 and president of William and Mary College, 1770-1772. Rev. Horricks died in 1772; his wife died in 1773. (Virginia Gazette, Purdie and Dixon eds., December 9th.) His daughter, Martha, married, Dr. Isaac Hall of Petersburg (William and Mary College Quarterly, first series, IX, 123.)
In 1781, Jefferson in communication with the General Assembly wrote: "Mr. Everard having declined resuming the office of auditor to which the general assembly had elected him, the executive have appointed Bolling Stark, esq; in his room ..." (Hening's Statutes at Large, X, 572.)
For summary of notes on Thomas Everard, see Illustration #1.
^1 George Wythe was living on the west side of Palace Green in the house built by his father-in-law, Richard Taliaferro, about 1755. (See Wythe House History, Department of Research.)
^2 Williamsburg tax records do not list James Carter as owner of a lot or lots in 1782. In 1791, James Carter held 3 lots in the city. James Carter was the only Carter listed as owner of 3 lots though John Carter had 9 lots: Dr. William Carter 1 lot; John H. Carter 2 lots; Robert Wormeley Carter 2 lots; and George Carter 2 lots.
^1 St. George Tucker was appointed executor by will of Martha Hall, daughter of John Hall of Halifax, N. C. Martha Hall in item #1 wrote: "I give to my dearly beloved God daughter Anna Frances Bland Tucker (the only Being on Earth for whom I feel any extraordinary affection) my negroe woman Nancy & her two Children Lize & Franke, & my negroe man James to her sole use & Behoof forever - I give her also my Bed on which I sleep." In another item of Martha Hall's will she gives to "Mrs Tucker my Lutestring Gown that is unfinished and my Gauze apron & Handkerchief." Another item provided as follows: "I give to Maria Rind my Cloaths that cannot be used by my dear Fanny Tucker except such coarse Cloaths as Mrs. Tucker may think proper to give to the servants as have always attended me." A codicil is added in the handwriting of Dr. Isaac Hall "in the last Illness of the Textatrix, at her particular Request, and in her own identical words. Witness Maria Rind and Richd Randolph." (Tucker-Coleman Collection, Department of Research.)
^2 St. George Tucker married Frances Bland Randolph (widow of John Randolph and mother of Richard Randolph) in 1786. Matoax was the Randolph home in Prince George County, Virginia, where Mrs. Frances Tucker lived during her first marriage. In 1788 she and St. George Tucker moved from Matoax to Williamsburg.
^l St. George Tucker acquired lot 169 In July 1788, the same year that Dr. Hall transferred his property to James Carter. (See Tucker House History, Department of Research.)

Illustration #1
THOMAS EVERARD
Summary of Notes from different Sources)

John Norton & Sons of London and Virginia, p. 510:

"As Clerk of Elizabeth City County in 1743, then as Clerk of York County from 1745 to 1784, Thomas Everard pursued his quiet way of responsibility. So faithfully and ably did he execute these offices, that he was finally appointed Clerk of the Committee Courts of the House of Burgesses.

"His daughter, Frances, married the Reverend Mr. James Horrocks, at one time Commissary of Virginia. Wirt, in his Life of Patrick Henry, thus explains this office. 'The Governor of Virginia represented the King; the Council, the House of Lords; the Episcopalian commissary (a member of the Council) represented the spiritual part of that house; and the house of burgesses was, of course, the house of Commons.'"

  • Ibid., Letters of Thomas Everard to John Norton: pp. 59-60; 100-1;141-2; 170, 195-6; 237, 260-1; 273-4; 275-6; 282-3; 300-1; 344-6; 353-5; 387, 397.
  • 1751. "Diary of John Blair," William and Mary Quarterly, first series, VIII, 2, 17:
    reference to Thomas Everard as neighbor of Gilmer and Blair.
  • 1768; 1771 - York County Records, Wills, Inventories, Book 22: inventory of Governor Francis Fauquier - Thomas Everard bought about 100 pounds of Fauquier's goods.
  • 1770 - Palace Book, Department of Research:
    Botetourt inventory: "Mr. Everard ______£22.3.6"
  • 1770, March 19th - York County Records, Deeds, VIII, 38:
    Thomas Everard bought lots 175, 176 and 177 with all houses...from Peyton Randolph.
  • 1772, January 18th - York County Records, Deeds, VIII, 229:
    Elizabeth Hay purchased lots 263 and 264 formerly the property of Thomas Everard and deeded to Anthony Hay on August 8th, 1756.
  • 1773, Sept. 10th - York County Records, Deeds, VIII, 374:
    John Blair gave deed to Thomas Everard for lot 172 which lot was "devised to John Blair by his brother Rev. James Blair..."
  • Ibid., p. 373:
    Thomas Everard gave deed to lots 175, 176 and 177 to John Blair.
  • 1766-1775 - Virginia Gazette: Purdie and Dixon, Aug. 22, 1766, p. 3 - clerk of the General Court.
    Rind, July 12, 1770, p. 2 - agent of William Byrd to collect moneys.
    Purdie and Dixon, Dec. 23, 1773, p. 2 - Everard's slave for sale or hire.
    Purdie and Dixon, Oct. 6, 1774 - overseer of Everard had plantation on Archer's Hope Creek.
    Purdie and Dixon, Dec. 23, 1774- Thomas Everard, a member of the Williamsburg Committee to elect a representative to the Continental Congress.
    Purdie and Dixon, Nov. 9, 1775 - same as for Dec. 23, 1774.

RR163301 Tyler Map

Illustration #3


WILLIAMSBURG LAND TAX ACCOUNTS
1791 - James Carter3 lots annual value £ 12
1797 - James Carter3 lots " " 12
1801 - James Carter's estate3 lots value $40
1806 - James Carter estate3 lots value 50
1810 - James Carter's estate3 lots value 80
1815 - James Carter's estate3 lots value 50
1817 - James Carter's estate 3 lots value 80
1819 - James Carter's estate3 lots value 80

Other lots owned by Thomas Everard in Williamsburg were:

1752 -Lots 263 and 264
1756 -Lots 263 and 264 - sold to Anthony Hay - consideration £200
(York County Records, Deeds, VI, 65.)
1770 -Lots 175, 176, 177 - sold to Peyton Randolph to Everard - consideration £15.10
1773 -Lots 175, 176, 177 - sold by Everard to J. Blair - consideration - 5 shillings
(York County Records, Deeds, VIII, 373.)