It
has long been believed that Lydia -- Judkins Pitman was a Gray, but no
records had been found to actually prove this or to prove the identity of her
father. Lydia has
often been attributed to the wrong Gray father. She was NOT the
daughter of William Gray Sr as suggested by Boddie and unfortunately recorded as
fact in many family trees. William Gray Sr did have a daughter named
Lidie as proven by the will of his son, John Gray, written and probated
in 1708. John Gray (son of William Gray Sr) left household goods to his
sister Lidie who was obviously still living in 1708. Lydia Gray,
who married Samuel Judkins Sr and later Thomas Pitman Sr, had died by March of
1678/9, about 30 years prior to John Gray's 1708
will that named his living sister Lydia. Therefore Lydia Gray Judkins
Pitman could not possibly be the the same as William Gray Sr's daughter
Lidie Gray who was living in 1708 as suggested by Boddie.
Lydia Gray Judkins Pitman was in fact a previously unknown and unproven
daughter of Thomas Gray
Sr the immigrant by his third wife Rebecca. You will not find Lydia
mentioned in any
of the old research concerning Thomas Gray Sr's descendents. The
records to
prove Lydia as another daughter have long been available, but their
significance was not recognized until recently. These
records were examined by the genealogists at the Jamestown Society in
2014, who were, of course, skeptical because none of the previous
research
mentioned a daughter Lydia, and previous research by Boddie and Purse
& Person seemed to discount this possibility. Records were
submitted to the Jamestown Society that disproved this old research,
more records were submitted to
prove that Thomas Gray Sr left a will leaving land to his children
which must have
included Lydia and her husband Samuel Judkins Sr, and still more
records were submitted to
prove that Lydia's share in this land was passed down to her
descendants, James Judkins (Lydia's grandson through son Charles
Judkins) and William Dennis
(Lydia's great-grandson throuh son Samuel Judkins Jr), who sold their
right to this inherited
Gray land to
William Gray Jr who had inherited another share of the same tract.
Still
more records were submitted to prove that the
wife of Henry Jones Sr d 1739 Bertie Co was Catherine Judkins, daughter
of Samuel Judkins Jr and wife Elizabeth Petway. After examining these
records, the Jamestown Society was satisfied that the proof was solid
in both cases. Lydia Gray is now recognized as a previously unknown
daughter of Thomas Gray Sr and wife Rebecca, and Colonel Buck Jones was
accepted as a member of the Jamestown Society
based on his descent from Thomas Gray Sr through Henry Jones Sr and
wife Catherine Judkins, granddaughter of Samuel Judkins Sr and Lydia
Gray.
The proof revolves around the inheritance of two different tracts of
land. One
tract was an 800 acre tract (originally two 400 acre tracts) granted to
Thomas Gray Sr and still in his possession at his death. Thomas Gray
did leave a will that was executed but not recorded and couldn't be
found
later. There is a record that proves that this 800 acre tract was later
in the possession of
his 3 orphan sons, William Gray
Sr, John Gray, Thomas Gray. However, this record does not mention that
another share in this same 800 acre tract was left to Lydia Gray
Judkins, wife of Samuel
Judkins Sr. We know Samuel and Lydia Gray Judkins must have also
inherited a
share of
this tract because two of their descendants later sold their rights
to this 800 acre tract to William Gray Jr, son of William Gray Sr, one
of the three orphan sons of Thomas Gray Sr.
At his death, Samuel Judkins Sr owned another tract of 200
acres he had purchased from Thomas Barlow. This tract was called
"Grays" in one record,
apparently because it was
located on the east side of Gray's Creek,
not because it ever belonged to Thomas Gray or any other Gray. The will
of Samuel
Judkins Sr had left two tracts of land to his three sons to be divided
equally between them. Two of the sons, Samuel Judkins Jr and Robert
Judkins, took most (but not all) of their third of their father's land
from this 200 acre tract
called "Gray's", dividing it between them with each brother taking 100
acres. The third son, Charles Judkins,
took his entire third of his father's land from the second tract,
Samuel and Lydia Judkins'
share of the 800 acre tract of Thomas Gray Sr's land. The Judkins'
share must have contained more than 100 acres since Samuel Judkins Jr
and Robert Judkins were also entitled to a small part of this 800 acre
tract to make up the remainder of their third of their father's land
over and above the 100 acres that each already held.
Son Samuel Judkins Jr was
still in possession of his 100 acre share of the tract called "Gray's"
(the Barlow land, not the Thomas Gray land) when he died in
1705. He too
left a will mentioned in other records, but the actual will can't be
found. There are records that prove that his son, Samuel Judkins III,
was the executor named in the will. This 100 acre tract was sold to
Thomas Crews in 1725 by Henry
Jones and wife Catherine and William Dennis according to the deed. The
1727/8 will of Thomas Crews left to son John Crews "a tract of
land called Gray’s which he had bought from Henry and Catherine Jones,
William Dennis, and Samuel Jenkins, being 100 acres." Samuel "Jenkins"
that Crews named as one of the grantors would have been Samuel Judkins
III, but his name did not actually appear in the 1725 deed to Crews.
The grantors, Henry and Catherine Jones, William Dennis, (and
Samuel Judkins III according to the Crews will), were obviously at
least
some of the heirs
of Samuel Judkins Jr since there is no doubt that this was the land he
lived on until his death. The will of Henry Jones Sr written in 1733
named,
among others, "cousin" William Dennis. The term cousin was frequently
used instead of nephew. In order for William Dennis to be an heir of
Samuel Judkins Jr and also a nephew of Henry Jones Sr, he must
have been a grandson of Samuel Judkins Jr, the son of an unknown
Judkins
daughter who married a Mr Dennis. William Dennis
appeared in the
records of Surry Co, VA with Henry and Catherine Jones and moved with
them in 1725 to the Oconeechee Neck in Bertie Co, NC (now Northampton
Co) where he appeared in more records with the Jones. He was actually
the nephew
of Henry Jones Sr's wife, Catherine Judkins, and was probably orphaned
at an early age
and
raised by Henry and Catherine Judkins Jones.
Let's start by disproving some of the incorrect claims made in previously published research.
The will of Samuel Judkins (Sr) was dated on February 13, 1671/2,
probated on May 7, 1672, at Surry County, Virginia, Will Book. 2, p 13.
"Samuell Judkin being Sick makes his Last will & testamt I
Give my Soule to God that Gave it me & my body to ye Ground
& my Land I Give to my three sons Samuell, Robert &
Charles to be Equally devided amongst them & to ye heires of
there Bodyes Lawfully begotten & yt my Sonn Samuell being my
Eldest Sonn & his Mother Lidia being my wife I make them my
Executrs to pay my debts & to divide all my moveables
amongst them onely
my Sonn Samuell Shall Live upon ye plantation
yt he is now uppon & his mother shall Live with him
likewise, I Give to my wife my feather bed & all ye
furniture yt belongs to it & ye Bras Kittle ____ to divide
ye moveables of Cattle & hogs & ye moveables yt are
about ye house or mye plantation, my haveing as Good a share as
any of them & soe in hast I Rest Leaving my Soule to ye
protection of God & his Sonn Jesus Christ
Gerarst
Gwonwood
&
Samuell Judkin &
Jon Honycutt
Recorded
and Lidia my ____ they are
administrators
Proved in Court ye
7th
Samuel Judkin Sinior
of May 1672"
Notice that two separate tracts of land can be identified in this
will, one that Samuel Sr
and Lydia were apparently living on at the time called "mye
plantation", and another separate tract that son Samuel Jr was "now
uppon". So we know that Samuel Judkins Jr was already living away from his parents'
home on a
separate tract of land. It is possible he was already married to
Elizabeth Pettway, but that is not provable. Whether he was married or
not, he was surely no younger than his late teens in Feb 1671/2 when
this will was written since he had left his parents' home. He must have already
built a home of his own on this land - or perhaps there was already a
home built on this land by someone else - since Samuel Sr wanted Lydia
to live with her son Samuel Jr. The will does not specify who the
younger two sons Robert and Charles were to live with, but if they
remained with their mother Lydia, they would have had to move to the
home of Samuel Judkins Jr as well.
Executors had to
be at least age 17. See
http://www.genfiles.com/legal/legalage.htm
So, according to this record, Samuel Judkins Jr must have been
born by at least 1655.
The widow Lydia Judkins soon married again to Thomas Pitman Sr shortly after the following
record dated 10 Sept 1672, 4 months after the will of Samuel Judkins Sr was proved.
Deed.&Will Book 2, p 20
"Bee itt knowne unto Almen by these presents that I Tho: Pitman
of ye County of Surry gent: doe bind my selfe not to make use of
any pte of ye estate of Lidia Judkins but that it shall be
Lawfull for ye sd Lidia to dispose of all ye estate that she now
injoyed in ye time of her widdow hood to ______ Cheafely upon
______ & the ______ further more I doe ingage my selfe to
______ this my Act (?) & deed att Surry County Cort uppon
_____ ye sd Lidia Judkins shall request me to itt in witness my
hand this tenth day Septem 1672
Signed & sd _____ in ye presense of
Samuell
Judkins
Tho. Pitman
Wm. Hayes (?)
Acknowledged in Surry County Cort by ye Subs Tho: Pitman the
Senr 7th Janry(?) 1672
Notice that Samuell Judkins Jr was a witness. According to the
will, he was the eldest son. Minors could witness documents if
they were at least age 14, so this record does not help us to place Samuel Jr's birth at an earlier date. See
http://www.genfiles.com/legal/legalage.htm
Thomas Pitman Sr was well known by the Grays at least as early as 1652
since Pitman had been hired to build a house for Daniel Hutton. Daniel
Hutton's wife was Rebecca Gray, Thomas Gray Sr's
daughter. So Rebecca Gray Hutton would have been Lydia's sister.
Surry County Records, Surry County, Virginia, 1652-1684 by Eliza Timberlake Davis, p 1, 2
Book I, 1652-1672
Page 9. 7 9'br 1652. Daniel Hutton bargained with Thomas Pittman to
build him a house by a "certayne tyme," but conditions were altogether
negelected, the petition states and desires damages. Wants jury to
inquire how much. Depositions concerning the building of the house of
Daniel Hutton by
Thomas Pittman were made by Chr. Mitchell, aged four and thirty years;
by John Hux, aged forty years, and Thomas Woodhouse. Thos. Gray, Jr.,
also testified. The jury found for the Defendant, and damages set at 20
lbs. of tobacco.
Jurrors: Mr. William
Cockerham.
Mr. Jno. Senior.
Mr. John
Spilltimber
Mr. Jno. Holmeswoode
Mr. Wm.
Carter
Mr. Henry Emlin
Mr. Robt.
Dunster
Mr. James Mason
Mr. Jno.
Leake
Mr. Jno. King
Mr. Jno.
Barrow
Mr. Jno. Saynes?
Surry County Records, Surry County, Virginia, 1652-1684 by Eliza Timberlake Davis, p 8
Book I, 1652-1672
Page 41. 7 March 1653. Deposition of Thos. Gray, Sr., aged 60 years or
thereabouts, that Daniel Hutton did bequeath his whole estate to
Rebeckah his wife. Wm. Rose, aged 30, testified to the same. 27 March
1653.
When a woman married, her estate automatically became the property
of
her husband - except in cases like this where a prenuptial agreement
protected her estate. The record doesn't state exactly what the estate
was that Lydia held before her marriage to Thomas Pitman, but by
protecting
her estate in this way, she could ensure that her sons would inherit
it. If she had not done this, her estate would have become the property
of Thomas Pitman Sr - and at his death it would have gone to his eldest son unless he left a will
leaving whatever had been Lydia's at the time of their marriage to her
children/grandchildren.
Samuel Judkins Jr had certainly reached the age of 21 by at least July 2,
1674 according to the next record in which he is put in charge
of his minor brother's estate. That would have
required that Samuel Jr be of age, so he must have been born no later than 1653, possibly earlier.
July(?) 2, 1674, Surry County, Virginia, Court
Order Book 1671-1691, page 70.
"It is Ordrd. wth. the Consent of Lt. Tho. Pittman that
Samll. Judkins take the Estate of his Brother Charles
Judkins into his Custody, & that he pRsent security for
the same at ye. Next Cort, And the said Pittman is
discharged from the said Estate."
September(?) 4, 1674, Surry County, Virginia, County
Court Order Book 1671-1691, page 77.
"Edwd. Pttway did before Lt. Coll. Jordan & Mr. Rand.
Holt pRsent himselfe Security for the Estate of Charles
Judkins in the hands of Samll. Judkins and the ClRke Ordrd
to take bond."
Edward Pettway was the father of Elizabeth Pettway
who married Samuel Judkins II, so the marriage had no doubt occured
some time prior to this 1674 record, possibly even prior to the 1671/2
will of Samuel Judkins Sr since we know Samuel Jr had established his
own home on a separate tract of land by then.
Pettway, Edward: Leg: - To
daughter, Eliza, wife of Samuel
Judkins, twenty shillings. To daughter, Joyce, wife of
Bartholomew Brittle, ten shillings. To daughter Fortune Pettway,
certain household goods, if she do not marry Will Huggins; if
she do, only ten shillings. To Sarah, daughter of Robert
Judkins, a hog. To son, Wm. Pettway, all my estate, and make him
Exer. 27 Oct 1690. Prob. 6 Jan 1690. Wit: Wm. Iles, Theoph.
Forbush, Honor Blake. Book 4 page 182. Surry Co VA
Wills and Administrations of Surry County, Virginia 1671-1750 by
Eliza Timberlake Davis, p 103
IF Lydia was only 15 when the eldest son Samuel Jr was born, and IF he
was born no
earlier than 1653, Lydia must have been born by 1638 at the latest, and
possibly earlier than that IF Lydia was older than 15 when Samuel
Judkins II was born and IF he was born a couple of years prior to 1653.
Either case is certainly possible and it does appear likely that Samuel
Judkins II might have been of age by 1652. So Lydia was probably born
about 1635. The eldest son of Thomas Gray Sr who lived to reach
maturity was
Thomas Gray Jr who had not been born at the time of the 1624/5
Jamestown muster. That muster listed Thomas Graye as head of a
household on James Island, [second] wife Margrett, son William Graye
[apparently died young], and daughter Jone Graye [survived and married John Hux].
Thomas Gray Jr was born some time after this muster to Thomas
Gray Sr's third wife,
Rebecca. Thomas Gray Sr had married Rebecca some time prior to 11
Sept 1626. Rebecca Gray
"deposed before the General
Court that good Wright did tell her this deponent That by one Token
w/ch this deponent had forehed she should burye her Husbande".
Thomas Gray Sr's children, Jone/Joan/Jane and Thomas Jr, were gifted 50
acres of
land by Thomas Gates some time in the late 1620's. The son William from
the 1624/5 muster was not included in this gift and had probably died.
So if Lydia was a
descendant of Thomas Gray Sr, she could not have been the daughter of
Thomas Gray
Jr who must have been born in the late 1620's, perhaps about 1627/8. If
Lydia was born about 1635, Thomas Gray Jr would have been only about 7
or 8 years old. So Lydia must have been the daughter of an older Gray -
Thomas Gray Sr himself - and she
must
have been born after Thomas Gray Jr since she was not mentioned in the
Thomas Gates gift of 50 acres to the children of Thomas Gray Sr.
Lydia's mother must have also been Rebecca, the third wife
of Thomas Gray Sr, and the mother of other proven children, Thomas Gray
Jr, Francis Gray, and Rebecca Gray Hutton.
Lydia Gray Judkins Pitman was dead by March of 1678/9 as proven by the following
records:
March 4, 1678/9, Surry County D.&W.B. 2/201
"I ye Subscribed doe hereby present to be recorded for Charles
Judkins Orphan, one feather bed bolster & Rugs wth:
Certaine(?) valens to be delivered to the said Judkins when he
comes of Age or (if I dye before that time) Imediatly after my
decease but to remaine in my owne possession untill the said
Charles comes of Age if I live soe long, this being done of my
owne accord at the Request of my deced wife dated this 4th March
1678
Tho: Pittman Senior
14 March 1678 Charles Judkins, an orphan, is to stay in custody
of Thos. Pittman, Sr., until he is 21 years old at the request
of Thomas Pittman's deceased wife.
(Surry County Records, Surry County, Virginia 1652-1684 by Eliza
Timberlake Davis, p 110).
By the old calendar, the new year didn't begin until March 25. Dates
between Jan 1 and March 24 were often (but not always) recorded with
slashes (1678/9) to
reflect the year by both calendars. By a current calendar. we would
refer to these dates as 4 and 14 March 1679. Since Lydia Gray Judkins
Pitman was dead by 1678/9, she could not be the same as Lidie named as
a
living sister in the 1708 will of John Gray, son of William Gray Sr.
However, William Gray Sr's daughter, Lidie Gray, probably was named
for, Lydia Gray Judkins Pitman, who would have been William Gray Sr's
older half sister. Samuel Judkins Sr and wife Lydia Gray lived on the
same 800 acre tract that William Gray Sr lived on.
So Boddie's
suggestion that Samuel Judkins Sr's wife Lydia might have been a
daughter of William Gray Sr can be totally disproven. The only adult
Gray who would have been born early enough to have been Lydia's father
was Thomas Gray Sr himself.
The second error in previously published Gray research comes from
Adventurers of Purse and Person, Virginia, 1607-1624/5: Families
G-P edited by John Frederick Dorman, p 201 which states:
8. John2 Gray
(Thomas1) deposed 2 July 1762 that he was aged about 21. With his
brother William2 "joynt heirs of Thos. Grey there Brother Lately
deceased," he sold land to Col. Thomas Swann, 15 Nov. 1677, and 26
Sept. 1678 they were jointly granted the 800 acres originally patented
by Thomas1 Gray. He married Mary ___ who married (2), by 3 March
1684/5, Robert Nicholson. His will, 16 May 1683 - 3 July 1683,
mentioned his wife and daughter and left his land, if his daughter
died, to "my Cozen John Gray, Will Gray's son."
Issue" 27.
(Daughter)3, probably married William Dennis of North Carolina who, 19
Nov. 1725, deeded the 800 acres patented by Thomas1 Gray to 17.
William3 Gray.
The Purse & Person account of John Gray's will is completely inaccurate. The
will of John Gray made no such bequest of land to his daughter whether
she lived or not.
John Gray left no land to his daughter at all.
He left ALL of his land and housing to his "cousin" (nephew) John Gray,
son of his brother, William Gray Sr. The complete will reads:
In ye name of God Amen this my last Will & Testam:t
I give & bequeath my -?- to God who gave it & my body to the
ground to be decently buried & as for my other Estate I give as
ffolloweth
It is my Will that after all my debts & Charges is paid that my
wife shall have the third parte of my Estate & that
my Daughter
shall have the rest Except my housing & land
And I doe make my wife my whole & Sole Executrix
Further I doe give & Bequeath
all my land & housen unto my Cosen Jn:o Gray Will Grays Son this Land & howsen I doe give to him & his heirs.
In case my Daughter dies before shee comes to age or marries then her
Estate to fall to my Brother Wm Gray Children to be Equally divided
betweene them
Further I doe give one Cow unto my Cozen Will Gray Son unto Fra: Gray deccd.
Further it is my Will & desire that my Bro: Wm: Gray and my Cozen
Wm. Gray may take care & see that this my Will may be pformed, this
I do acknowledge to be my last Will & Testam.t as Wittness my hand
& Seale this 16 day of May in ye yre of our Lord 1683
the sige
of
} seale -?-
John John G Gray
} wax
Wittness George Foster
the marke of
Tho: B Bage
Att a Cort held att Southwarke for ye County of Surry July 3d 1683
The above Will proved in Cort by the oaths of the Wittnesses
Test William Edwards Cl Cor
Vera record: July 16 1683 W E ClCr
Therefore William Dennis could NOT have acquired his share in the
ownership of the 800 acre tract by marrying the daughter of John Gray,
and that assumption can be totally disproven. Whoever contributed this research for publication in
Purse & Person
also did not notice that James Judkins made
an almost identical deed to the same William Gray Jr for a similar
share in
this same 800 acre tract too. Neither of these two men could have
acquired their right to this 800 acre tract by marriage to the daughter
of John Gray d 1683, and certainly not both of them. Both men were
descendants of Samuel Judkins Sr and Lydia Gray, but through two
different sons. James Judkins was the son of Charles Judkins (proven by
Charles Judkins' will), while William Dennis was a grandson of
Samuel Judkins Jr (proven by his involvement as a grantor in the sale
of Samuel
Judkins Jr's land in 1725).
We will get back to the deeds by
William Dennis and James Judkins to William Gray Jr later, but for now,
what's important to understand is that the account in
Purse & Person concerning John Gray and William Dennis and Boddie's speculation about Lydia Gray were both incorrect and must be ignored.
There was a guardianship record for Charles Judkins in 1678/9 as shown above, but no similar record for Robert
Judkins, the second oldest son, so Robert was probably of age by 1678/9.
From these records, we can place the probable birth dates for
the 3 sons of Samuel Judkins I and Lydia Gray at:
Samuel Judkins II b by 1653
Robert Judkins b after 1653 but before 1657/8
Charles Judkins b after 1657/8
There
could have been Judkins daughters, but no records have been found
to prove any. No daughters were mentioned in the will of Samuel Judkins Sr and
no guardianship records reveal any Judkins daughters.
Later records for the three Judkins sons make no mention of a sister or
a sister's husband. If there were any Judkins daughters, they probably
died young. However, Lydia Gray did have a daughter named Lydia Pitman
by her second
marriage to Thomas Pitman Sr. Lydia Pitman married James Kilpatrick Jr
about 1691 or 1692, shortly after James Kilpatrick Jr made a deed to
Roger Williams - a land exchange beween the two of them. No wife was
mentioned in the 1691 deed and Kilpatrick may not have been married at
the time. However, he must have married soon after. A daughter Sarah
Kilpatrick was born by 1693 and was the only heir of James Kilpatrick
Jr whose estate was administered by Lydia Kilpatrick in April of 1693.
James Kilpatrick Jr died without acknowledging the deed to Roger
Williams. On
May 2, 1693, Edward Bayley and Thomas Battle made depositions
concerning this land exchange between Kilpatrick and Williams, with
"Lydia Relict of the said deced. and Mother of his heir being
present". Lydia Pitman Kilpatrick and her daughter, Sarah
Kilpatrick, were both dead by 1697 when Joseph Wall and wife Susannah
(Pitman) Wall deeded Sarah Kilpatrick's right to the land to Roger
Williams. The 1697 deed by Joseph Wall and Susannah stated that the
land had "descended" to Susannah Wall, aunt of Sarah Kilpatrick. Joseph
Wall was referred to as Thomas Pitman's "son-in-law" in a 1666 record.
Although "son-in-law" usually meant stepson at that time, Joseph Wall
could not have been Pitman's stepson. Joseph Wall's mother had died
years earlier, and his father, John Wall, had married again to
Elizabeth, widow of John Clay. After John Wall's death, the widow
Elizabeth -- Clay Wall (who was only Joseph Wall's stepmother) married
John
Tate. Since Joseph Wall could not have been Thomas Pitman's stepson but
was referred to as Thomas Pitman's "son-in-law", Joseph Wall must have
married Thomas Pitman's daughter by a previous marriage, Susannah
Pitman. Therefore, Susannah Pitman
Wall and Lydia Pitman Kilpatrick were half-sisters, both daughters of
Thomas Pitman, but born years apart to different mothers. This is why
Susannah Pitman Wall was referred to in the records as the "aunt" of
Sarah Kilpatrick, daughter of James Kilpatrick Jr and Lydia Pitman.
The birth of Lydia Pitman also helps us narrow down a time frame for
the birth of Lydia Gray Judkins Pitman from a different angle. Lydia married Thomas Pitman
shortly after their prenuptial agreement dated 10 Sept 1672. She was
dead
by March of 1678/9. So her daughter, Lydia Pitman, must have been born
between those two dates. Lydia Gray Judkins Pitman was surely no
older than age 50 when
this daughter was born, and more likely was in her early
40's or possibly even her late 30's. If we use 1674 as an approximate
date for Lydia Pitman's birth,
Lydia Gray Judkins Pitman must have been born no earlier than 1624
(confirmed by the 1624/5 Jamestown muster that did not include Lydia)
and
more likely around 1634 if Lydia was 40 when this child was born. This
agrees with the first estimate above for Lydia's date of birth based on
the probable birth date for
Samuel Judkins Jr which placed Lydia's probable date of birth at about
1635.
Thomas Gray Sr, the immigrant, was dead by 2 Nov. 1658 (Surry Co., VA,
Deeds, Wills &c 1, 1652-72, pg. 121) when his son, Francis Gray,
transferred a patent to his brother Thomas Gray Jr. This was almost
certainly the 50 acres that had been given to Thomas Gray Sr for his children Jone/Joan/Jane and Thomas by Thomas
Gates. On 11 May 1659 Luke Mizell testified in court that while he was
servant [indentured servant] to Thomas Gray, Sr., deceased, he "did
often hear sd Gray and his wife say that [Thomas] Gates had given 50
acres to their son Thomas and daughter Jane" (Surry Co., VA Deeds,
Wills, Etc, 1652-1672 by Eliza Timberlake Davis, p. 131). Jone/Joan/Jane
Gray had married John Hux, and the Huxes were trying to recover her rightful
share to half of this 50 acre tract. No will or estate records have
been found for Thomas Gray Sr, but according to a 1678 patent by Thomas
Gray Sr's youngest surviving sons, William Gray and John Gray, Thomas Gray Sr did
leave a will, but it was "at large" - in other words, lost.
Further evidence that Thomas Gray Sr must have left a will can be found
by following the land that Thomas Gray Sr owned at his death. Without a
will, according to the law of primogeniture, ALL of this land would
have been inherited by the eldest
living
son, Thomas Gray Jr, with none going to any of the other children. This
obviously did not happen, so there must have been a will that left land
to different designated children. The northern
section of Thomas Gray Sr's
land, a total of 700 acres just below Swann's Point, was later in the
possession of sons,
Thomas Gray Jr and Francis Gray, with 25 acres from the Thomas Gates
land due to daughter Jone/Joan/Jane Gray Hux. The southern section of Thomas
Gray Sr's land, 800
acres near
the head of Gray's Creek, was later in the possession of Thomas Gray's
three
minor sons, William, John, and Thomas. (Yes, there were two surviving
sons named Thomas Gray. The eldest, called Thomas Gray Jr, was a son by
wife
Rebecca. The other son Thomas was much younger, by Thomas Gray Sr's
fourth wife. He was the youngest of the three sons referred to as
orphans after the death of Thomas Gray Sr. This younger son Thomas died
as a young man leaving no wife or children.) Later records prove that
some part of Thomas
Gray Sr's 800
acre tract must have been bequeathed to Samuel Judkins Sr and wife Lydia
too.
The proof can be found in later Gray land records. The Judkins'
inheritance of a share to this 800 acre tract proves that Lydia Gray
Judkins Pitman was a previously unproven daughter of
Thomas Gray Sr.
This 800 acre tract was originally granted as two separate 400 acre tracts.
Gray, Thomas. grantee.
Land grant 20 July 1639.
Location: James City County.
Description: 400 acres bounding East Southwest and North and
Northerly butting upon the head of a Creeke called by the name
of Grays Creeke. Transportation of eight persons.
Source: Land Office Patents No. 1, 1623-1643 (v.1 & 2), p.
669 (Reel 1).
Abbott, Samuel. grantee.
Land grant 10 April 1644.
Gen. note This pattent
is surrendered up unto Thomas Gray...
Location: James City County.
Description: 400 acres near the head of Grays Creek. ... land of
Mr John Corker Senr.... Smiths Fort Creek.... Being formerly
granted unto Thomas Gray 20 July 1639 and made void
Source: Land Office Patents No. 1, 1623-1643 (v.1 & 2), p.
950 (Reel 1).
This Abbott grant is actually the same tract that was granted to Thomas
Gray in the first grant above dated 20 July 1639. There was still
another tract of 400 acres that was granted to Thomas Gray on 30 July
1639. The record for that grant has been lost, but it's mentioned in
the 1652 grant below. (Gray's Creek was referred to in some early records as Smith's
Fort Creek or Rolfe's Creek.) The grant below also states that the
Abbott grant (previously Thomas Gray's grant) had been purchased from
Abbott by Gray. So this 800 acres was comprised of two 400 acre tracts
- the Gray/Abbott/Gray tract and another tract from a lost grant dated
30 July 1639.
Grey, Thomas. grantee.
Land grant 14 March 1652.
Location: Surry County.
Description: 800 acres on the South side of James River, at the
head of Smiths Fort Creek. Bounded North upon the Creeke East,
South, South East and North East upon the land of John Kemp.
South East upon the Southernmost branch of Smiths Fort Creeke
South upon the maine woods and west upon the branch of the Maine
Creeke, the said land being due as foll. 400 acres
formerly granted unto the said Gray by patent Dated the 30th
July 1639 and 400 acres the residue being formerly granted unto
Samuel Abbott by patent dated the 10th of April 1644 and
purchased of the said Abbott by the said Gray.
Source: Land Office Patents No. 3, 1652-1655, p. 158 (Reel 2).
So we can see that the patents for the first two 400 acre tracts
were
renewed and combined into one 800 acre tract by Thomas Gray Sr in 1652,
about 5 or 6 years before his death. This is obviously the same land
that
was later repatented by two of Thomas Gray Sr's youngest sons in 1678.
The account of the history of this land as stated in the 1678 record is
only partially correct. The land in fact was left to Thomas Gray Sr's
three orphans, William, John, and the youngest son named Thomas -
AND to daughter Lydia Gray Judkins. William Gray and John Gray failed
to mention
that their younger brother, Thomas Gray, and older half-sister, Lydia
Gray Judkins, had also been left shares of this land. By 1678, both of
these unmentioned siblings were dead. The younger brother, Thomas Gray,
died in 1676 as a young adult leaving his land to his brothers William and John.
However, Lydia Gray Judkins Pitman
did leave heirs who inherited her share of this land. Two of her
descendents, James Judkins and William Dennis, later sold their
inherited interest in
this 800 acre tract in 1725.
This 800 acre tract was first mentioned after the death of Thomas Gray
Sr as "the land of the orphans of Thos. Gray" in 1662. There was no
mention of the Judkins in this record.
Surry County Records, Surry County, Virginia, 1652-1684 by Eliza Timberlake Davis
p 41
[Book I, 1652-1672] p 192. 20 June 1662. Jury's
verdict of case between Barth. Owen, and Jno. Corker concerning trespass
done upon the land of the orphans of Thos. Gray. They found some timber
had been cut.
Edward North John Hux
Thos. Andrews Roger Potter
Luke Mizelle Anthony Spilltimber
John Luke (or Looke) Jno. Morecocke
Jno. Rawlings Wm. Bresse
One of these orphans can be identified as William Gray Sr d 1719.
Surry County Records, Surry County, Virginia, 1652-1684 by Eliza Timberlake Davis
p 51
[Book I, 1652-1672] Page 240. 30 September 1664.
Gentlemen: This is to certify that Robert Castle hath put in sufficient
Security in this county for what estate he shall receive belonging to
Wm. Gray, orphant, or any person that shall deliver same.
Signed: John Cockerham.
The other two younger orphans can be proven as John Gray b bef 1751 and Thomas Gray b abt 1752.
Surry County Records, Surry County, Virginia, 1652-1684 by Eliza Timberlake Davis
p 82
[Book II, 1671-1684] Page 20. 2 July 1672. Rich. Case, aged 53,
depositions between Thos. Gray & Thos. Cruse--bounds of Cruse--beg.
at deponent's cold spring--path that goes over to cross creeke, so down
to the swamp that runs into cross creek.
[Book II, 1671-1684] Page 20. 2 July 1672. Isabell Case, aged about 56,
wife of Rich'd. Case deposeth same as husband--also heard that Cruse's
wife ask gray (sic) if they should not have a small poynt of land that
lies by the black stump aforesaid & sd Gray answered noe, he did
not whether it did belong to him or Col. Swann. Cruse's land between 40
and 50 acres.
[Book II, 1671-1684] Page 20. 2 July 1672. Tho. Gray, neare 21 years, deposes same as Case on 2 July 1672. Joh. Gray, above 21 years saith same as above.
The depositions concern the land of Thomas Gray Jr, the orphans' older
half-brother who had apparently died shortly before these depositions
were made since he was never asked directly about his land. Francis
Gray (Thomas Gray Jr's younger full brother) was appointed as the
administrator of his estate on 1 January 1672/3, 6 months after the
depositions.
The younger Thomas Gray, the youngest of the three orphans, died in
1676 leaving a will that left his land to his brothers, John and
William
Gray. This will proves that John Gray and Thomas Gray were brothers of
William Gray Sr, proven by the records above as one of the orphans of
Thomas Gray Sr. It also explains how John Gray and William Gray Sr came
into possession of their brother Thomas Gray's share of the 800 acre
tract.
Two years after the death of the youngest orphan, Thomas Gray, William Gray and John Gray repatented the 800 acre
tract in their own names with no mention of their brother Thomas Gray's
share that they had inherited - and no mention of the Judkins' share that
they had no right to. This patent did mention their father's will, but
made it sound as if Thomas Gray Sr had left this 800 acre tract
exclusively to the two of them with no other heirs involved.
Grey, William. grantee.
Land grant 26 September 1678.
Location: Surry County.
Grantee(s): Grey, William and Grey, John.
Description: 800 acres on the south side James River, at the
head of Smiths Fort Creek. Bounded North upon ye Creeke E.S.S.E.
& N.E. upon ye land of John Kemp S.E. upon ye southernmost
branch of Smiths Fort Creeke S. upon ye maine woods & west
upon a branch of ye maine creeke the said land being formerly
granted to Thomas Gray by pattent bearing date ye 14th day of
March 1652 as
by ye
said grantees(?) will now(?) at Large appeared &
(??)
desended to ye
said Wm & Jno Gray by will of ye said Thomas Gray their
father desd & is now confirmed & renewed in his
(majesty's?) name ...
Source: Land Office Patents No. 6, 1666-1679 (pt.1 & 2
p.1-692), p. 653 (Reel 6).
From
this record we know that Thomas Gray Sr did leave a will, but it was
"at large" and couldn't be found and apparently was never
recorded in the will books. No will or estate records have ever been found in the
existing records and obviously couldn't be found in 1678 either. The
original grant can be viewed at the
Library of Virginia
website. Use the link to "Search the LVA Catalog". Use the spelling Grey rather than Gray.
The 1678 repatent by John Gray and William Gray was obviously the
same
land that had been repatented by their father Thomas Gray Sr in 1652. Even
though the patent had been renewed in the names of only William Gray Sr
and brother John Gray d 1683, the Judkins heirs still held an interest
in this 800 acres. Unfortunately, Thomas Gray Sr's will had been lost, so it might have been difficult for the
Judkins to prove their right to a share of this land so many years
later. Nevertheless, William Gray Jr, son of William Gray Sr d 1719,
bought out the rights of both of these Judkins descendants in 1725/6
with two almost identical deeds.
15 Nov 1725... William Dennis of North Carolina to
William Gray of Surry County for 5 pounds sterling... 800 acres
whereon William Gray, Jr and Gilbert Gray now live in Southwarke
Parish and bounded by a patent granted to William Gray and John
Gray, decd., son of Thomas Gray, decd., on 26 Sep 1678 and 14
Mar 1652.
Wit: Joseph Delk, William Clary, Thomas (X) Edwards and John
Edwards.
Rec: 16 Feb
1725
William (X) Dennis
Surry County Deeds, Wills, Etc. #7 1715-1730 by William Lindsay
Hopkins, p 135)
22 March 1725. James Judkins to William Gray for 12 pounds
sterling ... 800 acres whereon William Gray, Jr and Gilbert Gray
now live in Southwarke Parish (land is a patent granted to
William Gray and John Gray, decd, the son of Thomas Gray, decd,
dated 26 Sep 1678 and a patent dated 14 Mar 1652) Wit John (X)
Jones, Joseph Delk, Thomas Carrel, Joseph Tharpe and Christopher
(X) Tharpe. [signed] James (X) Judkins. Rec. 18 May 1726
(Surry County Deeds, Wills, Etc #7 1715-1730 by William Lindsay
Hopkins, p 136)
I
had hoped that more information might be found in the complete deeds,
but they were similarly vague. William Dennis had moved to the
Oconeechee Neck in Bertie Co (now Northampton) by 1725 with Henry Jones
Sr and wife Catherine Judkins. This is why he's referred to as "William
Dennis of North Carolina". These deeds were made 6 years after the
death of William Gray Sr, the eldest orphan of Thomas Gray Sr.
This
Indenture made the Nineteenth day of November in the Twelfth year of
the Reign of our Sovereign Lord George by the grace of God of Great
Britain France and Ireland King Defender of the faith &c Anno Domo
One thousand Seven hundred Twenty and five Between William Dennis of
the Province of North Carolina of the one part and William Gray of
Surry County of the other part. Witnesseth That the said William Dennis
for diverse good Causes and Considerations him thereuto moving but more
especially for and in Consideration of five pounds Sterling to him in
hand paid by the said William Gray at and before the Executing and
Delivery of these presents the receipt whereof and himself therewith
Satisfied Contented and paid he doth hereby acknowledge Hath Given
Granted & Sold Promised Released Aliened Transferred Enfeoffed and
Confirmed and by these presents for himself his heirs and Assigns he
doth give grant Sell Promise Release Alien Transferr Enfeoff and
Confirm unto the said Wm. Gray and his heirs for ever being already in
full and peaceable possession of the previous hereafter mentioned all
the Right Title Interest possession Claim and Dividend of him the said
William Dennis of in or to all that Tract or parcell of Land whereon
Wm. Gray jun:r and Gilberd Gray now lives in Southwark Parish in the
aforesaid County of Surry containing Eight hundred Acres land bounded
according to the courses mentioned in a Pattent granted to Wm Gray and
John Gray Deced. the Sons of Thomas Gray Deced. bearing date the twenty
Sixth day of September One thousand Six hundred Seventy Eight which
also was granted to the aforesaid Thomas Gray by Pattent bearing date
the fourteenth day of March One thousand and Six hundred fifty and two
with all Messuages Tenements houses outhousses Gardains Orchards fields
Woods Underwoods meadows pastures feedings Swamps Marshes Ways Waters
Watercourses together with the Royaltys of hunting hawking fishing and
fowling and of all mines mineralls and and Quarrys and all other
priviledges Advantages profits Commoditys and appurtenances whatsoever
to the said granted Premises belonging or in any wise appertaining
together also with all Yearly Rents and profits reserved in any Lease
or Demise of any part of the Premises aforementioned To have and to
hold ....
his
Wm. W Dennis Seald with red
wax
mark
In presence of
Joseph Delk
Wm Clery
his
Thomas T Edwards
mark
John Edwards
At a Court held at Southwark for the County of Surry February the 16th 1725
This
day appeared in Court the above named William Dennis and did
acknowledge the above mentioned Contents to be his Reall Act and Deed
which is Ordered to be recorded and is Recorded by
Jno: Win Cl: Cur
This Indenture made the Twenty second day of
March in the Twelfth year of the Reign of our Sovereign Lord George by
the grace of God of Great Britain France and Ireland King Defender of
the faith &c Anno Domo One thousand Seven hundred Twenty and five
Between James Judkins of the County of Surry of the one part and
William Gray of the same county of the other part. Witnesseth That the
said William Dennis for diverse good Causes and Considerations him
thereuto moving but more especially for and in Consideration of Twelve
pounds Sterling to him in hand paid by the said William Gray at and
before the Executing and Delivery of these presents the receipt whereof
and himself therewith Satisfied Contented and paid he doth hereby
acknowledge hath given granted & Sold remised released Aliened
Transferred Enfeoffed and Confirmed and by these presents for himself
his heirs and Assignes he doth give grant Sell remise Release Alien
Transferr Enfeoff and Confirm unto the said Wm. Gray and his heirs for
Ever being already in full and peaceable possession of the previous
hereafter mentioned -- all the Right Title Intrest possession Claim and
Demand of him the said James Judkins of in or to all that Tract or
parcell of Land whereon Wm. Gray jun:r and Gilberd Gray now lives in
Southwark Parish in the aforesaid County of Surry containing Eight
hundred Acre Land bounded according to the Courses mentioned in a
Pattent granted to Wm Gray and John Gray Deced. the Sons of Thomas Gray
Deced. bearing date the twenty Sixth day of September One thousand Six
hundred Seventy Eight which also was granted to the aforesaid Thomas
Gray by Pattent bearing date the fourteenth day of March One thousand
and Six hundred fifty and two with all Messuages Tenements houses Out
housses Gardens Orchards field Woods Underwoods Meadows pastures
feedings Swamps Marshes Ways Waters Watercourses Together with the
Royaltys of hunting hawking fishing and fowling and of all Mines
Mineralls and and Quarrys and all other priviledges Advantages profits
Commoditys and appurtenances whatsoever to the said granted premises
belonging or in any wise appertaining Together also with all Yearly
Rents and profits reserved in any Lease or Demise of any part of the
premises aforementioned To have and to hold ....
his
James J Judkins Seal'd with
red wax
mark
in presence of
his
John JJ Jones
mark
Joseph Delk
Thomas Carrel
Joseph Tharpe
his
Christopher + Tharpe
mark
At a Court held at Southwark for the County of Surry May the 18th 1726
This
day appeared in Court the above named James Judkins and did acknowledge
the above mentioned Contents to be his Real Act and Deed which is
Ordered to be recorded and is recorded by ---
Jno: Win Cl Cur:
James Judkins was named as a son in the Surry Co will of Charles Judkins, so he was a grandson of Samuel
Judkins Sr and Lydia Gray.
William Dennis was a great-grandson of Samuel Judkins Sr
and Lydia Gray, but he descended through their eldest son, Samuel
Judkins Jr.
William Dennis's mother was a daughter of Samuel Judkins Jr and
Elizabeth Petway. The 1733 will of Henry Jones Sr refers to William
Dennis as his
"cousin" (AKA nephew). William Dennis was actually the nephew of Catherine
Judkins Jones, another daughter of Samuel Judkins II d 1705 and the
wife of Henry Jones Sr.
John Jones, a witness to the deed from James Judkins to William Gray
Jr, was the husband of
Elizabeth Judkins, widow of Thomas Hunt and daughter of Robert
Judkins. So Elizabeth Judkins Hunt Jones was also a
granddaughter of Samuel Judkins I and Lydia Gray. The descendants of
Robert Judkins do not appear to
have demanded payment for their share of this land, although they
must have been aware of that opportunity since Elizabeth Judkins'
husband, John
Jones, witnessed one of the deeds above.
Notice that neither the William Dennis nor the James Judkins deed refers to an exact
number of acres, nor do they mention any metes and bounds describing
exactly where their share of the land was located within this 800
acres. This is because the Judkins' share of the land had never been
surveyed out as a separate tract for them. Also notice that James Judkins was paid 12
pounds for his
share while William Dennis was paid only 5 pounds. A probable
explanation for this can be found in the will of Samuel Judkins Sr.
Each son was to receive 1/3 of his land. There were two tracts
involved. One tract can be identified as the land that was purchased
from Thomas Barlow - the tract called "Gray's" -
containing 200 acres. Samuel Judkins Jr and Robert Judkins each
received 100 acres from that tract, with Charles getting no part of the
Barlow land at all. So Charles' third of his father's land must have
come entirely from the
Judkins' share of the 800 acre tract of Thomas Gray's land.
We have no way of knowing exactly
how many acres or what fractional part of this tract was left to the Judkins, but it must
have been more than 100 acres. Otherwise there would have been no
additional land over and above Charles' 100 acres to be divided equally
between the three sons, and William Dennis would not have inherited any
right to this land. Just for the sake of argument and to have some
numbers as an example to play with, let's say that the 800 acres was to
be divided equally four ways between Thomas Gray's three orphan sons
and his daughter Lydia. If so, William Gray, John Gray, Thomas Gray,
and Lydia Gray Judkins would each have been entitled to 200 acres. From
the Judkins' 200 acres, Charles Judkins would have been entitled to 100
acres to match the 100 acres his brothers had already taken from the Barlow
tract. The remaining 100 acres of Gray land would have been divided
three ways with Samuel Judkins Jr, Robert Judkins, and Charles Judkins
each taking 33 acres. This would have given Charles Judkins a total of
133 acres of Gray land, while his brothers Samuel Judkins Jr and Robert
Judkins would have held a right to only 33 acres each. This would
explain
why James Judkins (son of Charles) was paid 12 pounds for his share of
the Gray land
while William Dennis (grandson of Samuel Jr) was paid only 5 pounds for
his share.
Robert Judkins II, son of Robert Judkins I d 1693 and brother of
Elizabeth Judkins Hunt Jones, witnessed the 1719 will of William Gray
Sr - the same William Gray of the 1678 patent. Since William Gray Sr
and Lydia Gray Judkins Pitman were siblings (actually half
brother/sister with Lydia being born much earlier than William Gray
Sr), Robert Judkins II (grandson of Lydia) would have been the
great-nephew of William Gray Sr.
William Gray Sr's 1719 will proved, among others, sons Gilbert
Gray and William Gray Jr. William Gray Sr d 1719 did not mention
his son John who had predeceased him. He also did not mention a
daughter Lidie/Lydia or a son Thomas Gray who probably predeceased him too. But the will of John Gray
(William Gray Sr's son) written 11 years earlier in 1708 named sister Lidie who was
left household goods, and brothers Thomas and Gilbert who were
left cattle, hogs, and the "rest of estate". He left his father
(unnamed) clothing and made him the executor. It is this 1708
will of John Gray that proves that that William Gray Sr, son of
Thomas Gray Sr, had a daughter named Lidie even though she was
not named in his will. Very probably, William Gray Sr's daughter
Lydia was named for Lydia Gray Judkins Pitman, William Gray Sr's older half-sister.
Just 10 days prior to the deed that William Dennis made to William
Gray Jr, William Dennis was involved in another deed that proves his
descent from Samuel Judkins II. This involves the tract that Samuel
Judkins Sr purchased from Thomas Barlow shortly before his death. This
is the deed that proves Henry Jones Sr's wife Catherine and William
Dennis must have been heirs of Samuel Judkins Jr d 1705.
(p 612) 9 Nov 1725... Henry Jones and wife, Katherine Jones, and
William Dennis to Thomas Crews...
100 acres on Grays Creek in
Southwarke Parish and bounded by the land of the Orphent of John
Hartwell and said Thomas
Crews.
Henry (X) Jones
Wit:
William Boldin and John (X)
Philips
Katherine (X) Jones
Rec: 17 Nov
1725
Williasm (X) Dennis [sic]
(Surry County Deeds, Wills, Etc #7 1715-1730 by William Lindsay
Hopkins, p 135)
This
100 acre tract was half of the 200 acre tract purchased by Samuel
Judkins Sr from Thomas Barlow and one of the tracts that Samuel Judkins
Sr left to his sons in his 1671/2 will.
The will indicates that Samuel Judkins Sr held two tracts, one that he
and Lydia were living on, and another than son Samuel Judkins Jr was
living on. Most likely, it was the Barlow tract that Samuel Judkins Jr
was living on at the time since 100 acres from that tract was his
homeplace until his death in 1705. Samuel Judkins Sr and Lydia were
most likely living on the 800 acre tract of Thomas Gray Sr's land and
probably had been living there most or all of their married life.
Samuel Judkins Sr is not known to have acquired any other land until
the Barlow tract which he purchased only a few years before his death.
Shortly after the death of Samuel Judkins Sr, Samuel Judkins Jr,
his brother Robert Judkins, their stepfather, Thomas Pitman, and Samuel
Judkins Jr's father-in-law and brother-in-law, Edward Pettway and
William Pettway, were particpants in Bacon's Rebellion of
1676-77.
(There are no records of Charles Judkins participating. He was probably too young.) On 6 Feb 1676, Samuel
Judkins, Robert Judkins, Edward Pettway, William Pettway, and Thomas
Pitman were included in a list of
"pardoned Rebells". Berkeley confiscated quite a bit
of land from the rebels, later regranting it as "escheated land". The Judkins' 200 acre tract - the
Barlow tract - was one of
these confiscated tracts. The same tract was later regranted to Samuel
Judkins II and brother Robert Judkins after they "made their
Composition according to Law." Their land was said to have been "lately
found to Escheat", but no reason for this was stated.
Jerkins, Samuel. grantee.
Land grant 20 April 1685.
Location: Surry County.
Grantee(s): Jerkins, Samuel and Jerkins, Robert.
Description: ... 200 acres of land situate lying and being in the
Countie of Surry on the East side of Grays Creek according to the most
anntient and lawfull bounds thereof formerly granted to Thomas Zaines
decd and was lately found to Escheat to his most sacred Majtie as by an
Inquisition recorded in Mr. Secretaries office under the hands &
seales of Mr William Randolph deputie Escheator of the said Countie
& a Jury sworne before him for ye purpose dated the 22th of
September 1683 may appeare --?-- granted to the said Samuell &
Robert Jerkins who have made their Composition according to Law.
Source: Land Office Patents No. 7, 1679-1689 (v.1 & 2 p.1-719), p. 467 (Reel 7).
There are some fascinating records just prior to Bacon's Rebellion
concerning Samuel Judkins Jr. The rebellion was brewing by 19 May 1676
when Berkeley wrote of "the Question betwixt me as a
Governor and Mr. Bacon". See
http://www.let.rug.nl/usa/documents/1651-1700/governor-william-berkely-on-bacons-rebellion-19-may-1676.php
On 30 July 1676, Bacon published his "Declaration in the name of the
People" in which he assumed the
title of "General by Consent of the People." See
http://www.let.rug.nl/usa/documents/1651-1700/bacons-declaration-in-the-name-of-the-people-30-july-1676.php
Surry Co, Va Court Order Book 1671-1691, p 93
May 4th 1675. pResent as on the other side.
Constables appoynted & accordingly ordrd. to be sworne.
Jno. Phillips in leiu of Wm. Newitt. Robt. Lee in leiu of Jno. Emerson
Samll. Judkins in leiu of Mr. Pettway. Rich. Avery in leiu of Jno. Smith.
Capt. Baker absent.
Surry Co, Va Court Order Book 1671-1691, p 133
Att a meeting of ye. Justices at Southwarke for ye Co. Surry FebRy.
17th. 1676 pRsent Lt. Coll. Jordan, Major Brown, Mr. Caufeild, capt.
Spensor Mr Harrison ComRs -
Mr. Meriwether & Mr. Mason prsent -
Complainte being made to this Cort that one Eliz. Regan the wife of
Danll. Regan hath severall times & in severall places fomented many
Malignant & rebellious Words tending to sedition. Do Therefore
Ordr. that Samll. Judkins Counstable or his Headborough doe forthwith
carry her the sd. Regan to the Comon Whipping place, and there give her
tenn lashes on her bare back, well laid on.
Surry Co, Va Court Order Book 1671-1691, p 134
July 4th 1676
Counstables appoynted: Instead of Samll. Judkins, Stephen Allen
Robt. Lee, Owen Mireek
Wm. Hancock, Tho. Clay to be sworne before ye. Next ComR.
These records only leave us to wonder if Samuel Judkins Jr
refused to carry out the flogging, and either resigned his position as
Constable or was removed from office. We can at least be sure that
Samuel Judkins Jr,
his brother Robert Judkins, his stepfather, Thomas Pitman Sr, his
father-in-law Edward Pettway, and his brother-in-law William Pettway,
were soon
afterwards five of the many rebels involved in Bacon's Rebellion. In
September of 1676, the rebels seized the home of Major Arthur Allen II,
a member of the House of Burgesses. They retained control of the house
for over three months, using it as a fort or "castle". Thus the Allen
house
became known as "Bacon's Castle".
We know that the 200 acres that was granted to Samuel Judkins Jr
and Robert Judkins in 1685 had been previously declared to escheat, but
how do we know this was the same land that Samuel Judkins Sr had
previously left to his sons in his will? There are some errors in the
history of the land as related by the
Judkins in the 1685 grant, but there is enough information there that
we can still recognize and
trace the tract. The land was actually first granted to Thomas
Woodhouse, not Thomas Zaines. It
passed through several owners including Thomas Zaines before Samuel
Judkins Sr purchased it from Thomas Barlow a few years before his
death. There is no doubt that
this is the same tract that was the "escheated land" granted to Samuel
and
Robert "Jerkins" in 1685.
Woodhouse, Thomas. grantee.
Land grant 3 July 1648.
Location: James City County.
Description:
200 acres lying on the South side of James river aboute two miles
distance from the said river ... northwest upon the maine river for
breadth 132 poles runing along the marked trees of Henry Hart S by E
half E for length 280
poles thence W by S half S for length 132 poles thence N by W half W
prarell to the marked trees of Henry Hart
to the swamp 280 poles and thence down the said swamp to the place
where it begun. Due unto the said Thomas Woodhouse by vertue of his
formr patent dated the 8th of March 1642 200 acres which was renewed
from a formr patent of the 20th of March 1640
Source: Land Office Patents No. 2, 1643-1651, p. 1 (Reel 2).
Surry County Records, Surry County, Virginia 1652-1684 by Eliza Timberlake Davis, p 45
Book I, 1652-1672
Page 211. 5 May 1663. Thos. Woodhouse had a patent for 200 acres of land on east side of
Gray's Creek dated 4 7ber 1651, he assigns this patent to John Zaines 22 April 1652, who being deceased, the land belongs to Thos. Zaines of Southampton, who made Coll. Thos. Swann his atty., and Thos Swann on 5 May 1663, in open Court at Surry Co., assigned to Thos. Underwood.
Wit.: Law. Baker, Thos. Warren.
Thomas Underwood had the land repatented in his own name.
Underwood, Thomas. grantee.
Land grant 15 June 1664.
Location: County location not
given.
Description: 200 acres beginning at two small maples marked
by the reedy swamp thence S by E half E 280 poles along a line of marked
trees to a marked red oak thence W by S half S 132 poles to a marked
hickory thence parallel to the marked trees upon the swamp 280 poles
thence along the said swamp to the place where it began. Formerly
granted unto Thomas Woodhouse by patent dated the 4th of Septr. 1651 and
by the said Woodhouse sold unto John Zaizes [sic] and by the said Colo
Swan Esq Attorney of the said Zaines sold unto the said Underwood.
Source: Land Office Patents No. 5, 1661-1666 (v.1 & 2 p.1-369), p. 430 (Reel 5).
Surry County Records, Surry County, Virginia 1652-1684 by Eliza Timberlake Davis, p 59
Book I, 1652-1672
Page
284. 2 May 1667. Thos. Underwood assigns ye Patent unto Thos. Barrlowe
with the said land expressed that sd Barlow shall quietly possess ye sd
land.
Nath. Stanton, John Legrand.
Surry County, Virginia, Deed & Will Book 1, p 304
I Tho . Barlow doe assigne this pattent unto Samuell Judkin
wth. ye. sd. Land in itt Expressed & doe bind myself e my
heirs execrs. Admrs. that ye. sd. Judkin shall quietly Injoy
ye. sd. Land wth:oute any trouble or Molestation & doe
warrant ye. same Land unto ye. sd. Judkin his heirs or
assigns for ever & doe alsoe Ingage that my wife shall
Acknowledge ye. sd. Land unto ye. sd. Judkin in ye. open
Courte of Surry as witnes my hand this 7th. day of March
1667. Tho Barlow.
Syned & delivered in pr:sence of Thomas Ayacclee?, Arthur
Long.
Acknowledged in Cort. 7th. July 1668 by ye. subscribed Tho.
Barlowe & Elizabeth his wife record. 15 sd. month
The
grant to Samuel and Robert "Jerkins" mentions Thomas Zaines. The
history as stated in the grant isn't quite accurate, but Thomas Zaines
was a previous owner, so there's no doubt this was the same land that
had been seized and later regranted.
As
shown above, the 200 acre Barlow tract was recovered by Samuel
Judkins Jr and Robert Judkins after it mysteriously escheated. They
divided the land equally with each man taking 100 acres. The 1704 rent
roll for Surry Co lists
Samll. Judkins with 100 acres and Wm. Judkins with 100 acres. This was
just one year prior to the death of Samuel Judkins Jr in 1705. Robert
Judkins had written his will in 1695 leaving his land to son William
Judkins. When Samuel Judkins Jr died, he left a will that was proven
but never recorded. Son Samuel
Judkins III was the executor.
[Janry 1704 - May 1705] The
Last will and testament of Samuel Judkins proved by the
oathes of Saml. Cook, John Blewer? and Morgan Lewis and a
probate thereof granted Samuel Judkins Extor. thereof hee
haveing made oath as the Law directs.
Surry
County, Virginia Court Records, 1701-1711, Book VI by
Weynette Parks Haun, p 39
Judkins, Samuell: Est. - 18
May 1705. By Samuell Judkins. Signed: James Jones, James
Ellis. Book 5, p 339
Wills and Administrations of Surry County, Virginia
1671-1750 by Eliza Timberlake Davis, p 84
At about the same time, Samuel
Judkins III brought suit against William Gray Sr, son of Thomas Gray Sr
and younger half-brother to Lydia Gray Judkins Pitman. This may or may
not have had something to do with the Judkins' share of the 800 acre
tract of Gray land. But it clearly had something to do with settling
the estate of Samuel Judkins II.
[6 Nov 1705] Saml. Judkins
Extor. of Saml. Judkins deced. not appeareing to prosecute
his suite agt. Wm. Gray the same is therefore dismist.
Surry County, Virginia Court Records, 1701-1711, Book VI
by Weynette Parks Haun, p 45
In
1725, Henry Jones and wife Catherine sold their land in Surry Co and
moved to their land on the Oconeechee Neck in what was then Bertie Co,
now Northampton Co. One of the tracts they sold in Surry included the 100 acres that had belonged to
Samuel Judkins Jr.
(p 612) 9 Nov 1725... Henry
Jones and wife, Katherine Jones, and William Dennis to Thomas
Crews... 100 acres
on Grays Creek in
Southwarke Parish and bounded by the land of the Orphent of John
Hartwell and said Thomas
Crews.
Henry (X) Jones
Wit:
William Boldin and John (X)
Philips
Katherine (X) Jones
Rec: 17 Nov
1725
William (X) Dennis
(Surry County Deeds, Wills, Etc #7 1715-1730 by William
Lindsay Hopkins, p 135)
The later will of Thomas Crews of
Surry Co, VA, written Jan 21, 1727/8, proved July 17, 1728
left to his son, John Crews, a tract of land called Gray’s which he had
bought from Henry and Catherine Jones, William Dennis, and
Samuel Jenkins, being 100 acres.
The name Judkins was
frequently misrecorded as Jenkins or Jerkins, and this is just
one more example.
==========================================================================================
I
provided these records to Colonel Buck Jones who submitted them to the
Jamestown Society in 2014 as a descendant of Henry Jones and Catherine
Judkins. They were at first skeptical because no previous Gray research
had proven a daughter named Lydia. However, after examining these
records, they agreed the records did prove Lydia was another daughter
and admitted him as the first descendant qualifying through this
daughter. Since then, Robert Noel Grant, another Judkins descendant who
published his book about the descendants of Samuel Judkins in 2000 has
also been accepted. All descendants of Henry Jones and Catherine
Judkins should be
elligible if they can prove their descent from Henry Jones. Henry's
brother John Jones of Surry Co, VA was married twice. His second wife
was Elizabeth Judkins, widow of Thomas Hunt and daughter of Robert
Judkins. I have seen no records that prove the death date of John
Jones' first wife (name unknown) or a marriage date to widow Elizabeth
Judkins Hunt. It will be difficult to prove which of John Jones'
children were by Elizabeth Judkins.
Frances Cullom Morgan 2018 owl_ lady_ nc @ yahoo.com (remove spaces)