Lydia Gray Judkins Pitman

Lydia Gray, daughter of Thomas Gray Sr, Jamestown immigrant,
wife of Samuel Judkins Sr
and later Thomas Pitman Sr,
mother of Samuel Judkins Jr, Robert Judkins, Charles Judkins, and Lydia Pitman,
and grandmother of Catherine Judkins,
wife of Henry Jones Sr d 1739 Bertie Co, NC

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)