Wills

SOURCES

James (Rev.) KEITH was born about 1696/97 in Peterhead, Aberdeen, Scotland, the son of George Keith who was an uncle and tutor of the Earl Marischal and a professor at Marischal College in Aberdeen.  He married Mary Isham RANDOLPH 2 Mar 1732/3 (this date is questionable) near Germantown, Virginia, Hamilton Parish, Prince William County (now Fauquier).  Mary was born in 1718 (date also questionable) in Virginia, and died after August, 1772 in Leeds Parish, Fauquier County, Virginia. She was the daughter of Thomas (of Tuckahoe) RANDOLPH and Judith FLEMING.  Some claim Parson Keith died December 10, 1752 but we have found no documentation.  His will was proved June 25, 1753, Manassas Court House, Prince William County, Minute Book 1752-53, p 163, but Will Book with copy of will is now lost. He and his wife are buried under the chancel of the Old Elk Run Church, Fauquier County, Virginia (according to Baird). 
 

Parson Keith was a divinity student at Marischal College, Aberdeen, Scotland.  He fought for the Stuart cause in 1719, then with a price on his head, escaped to France, and finally emigrated to Virginia about 1727.  He returned to England to be ordained a Priest by the Bishop of London and returned in 1729 as he was paid 20 pounds by royal bounty on March 21, 1729 for his passage to Virginia as a minister (see Virginia Colonial Records Project at Library of Virginia, on line). He became Rector of Henrico Parish, VA, prior to 1732, then rector of Hamilton Parish from 1745 till his death.

 “Veritas Vincit" is the motto of the Keiths of Scotland, one of the most powerful and historic names of Scotland.

John Marshall, Definer of a Nation by Jean Edward Smith, 1996 

 page 24

....A refugee from the abortive 1719 Jacobite uprising in Scotland, the Reverend Keith was particularly effective in the pulpit. He was a bachelor, but he was seventeen years older than Mary and, like much of the Anglican clergy in colonial Virginia, enjoyed a reputation for licentiousness. Mary and James had an affair and appear to have been discovered in flagrante delicto. The Randolphs, who held two seats on the vestry of Henrico parish, forced Keith's resignation and did their utmost to prevent the pair from seeing each other. Keith resigned as minister of the parish on October 12, 1733, and departed for Maryland immediately thereafter.

The episode was handled gingerly by church authorities. Commissary James Blair, the Church of England's representative in Virginia, and a former minister of Henrico parish, wrote to the Bishop of London that "Mr. Keith has privately left this parish and Country, being guilty of fornication with a young Gentlewoman, whose friends did so dislike his character that they would not let her marry him." Blair, however, soon had second thoughts about the precipitate action against Keith.  On March 24, 1734, he wrote a follow-up letter to the bishop stating that "I gave your Lordship an account of the misfortune which occasioned [Rev. Keith's resignation] tho' I did not then know what I have learned since that from some of the circumstances in his case, our Governor recommended him to the Governor of Maryland." The circumstances are not mentioned by Blair, but presumably pertained to the fact that James Keith and Mary Randolph were deeply in love. The following year Blair rescinded Keith's exile to Maryland and appointed him minister of the frontier parish of Hamilton in what subsequently became Fauquier County. When Mary came of age, she and James Keith were married, and between them they had eight children including Marshall's mother..

page 25

.....James Keith, born in 1697, was the son of a professor at Marischal College in Aberdeen. Most of the Keiths, however, were soldiers: a military family whose lineal descendants bore the title Earl Marischal and who traced their roots to ancient Scottish and Saxon kings. Their soldierly exploits won wide reknown and were celebrated in song and legend. Robert Keith, the first Earl Marischal, led the decisive cavalry charge at the battle of Bannockburn in 1314, culminating Scotland's  struggle for independence. George Keith (1553-1623), the fifth Earl Marischal, founded Marischal College. His grandson, the seventh Earl Marischal, supported the restoration of Charles II and was keeper of the privy seal of Scotland. Another grandson, John, first Earl of Kintore, held the family castle Dunnottar against Cromwell during the civil wars and preserved the regalia of Scotland, keeping it from falling into the hands of the Puritans.

After the Glorious Revolution of 1688, which brought William and Mary to the throne, the Keiths continued to side with the Scottish James II (the Pretender, James Edward) and helped to raise the armies that fought on his behalf. The Earl Marischal commanded the Jacobite forces that landed in Scotland in 1715, where they made a desperate but doomed effort to rally the highland clans to the Pretender's cause. When the rebellion failed, the Keiths fled. James Keith, a first cousin of the Earl Marischal, came to Virginia. His companion, James Francis Edward Keith, the Earl Marischal's younger brother, continued as a soldier, first in the Spanish, then the Russian, and finally in the Prussian army.”

Mary is reported to have eloped with an Irishman, Enoch Arden, the slave overseer of her uncle Isham’s Dungeness plantation, “a dirty plebian, without any kind of merit” according to William Byrd.  They were married and had a child.  Her family discovered their hiding place on Elk Island in the James River, killed Arden and the baby and took Mary back to Tuckahoe, which “shattered Mary’s sanity.” The story is confirmed in the diary of Colonel William Byrd of Westover following his visit to Tuckahoe in September 1732.

Some years later after she had married Parson Keith, she received a letter supposedly from Arden, “triggering a final bout of insanity from which she never recovered.”  Had the letter been valid, it would have meant her children with Parson Keith were illegitimate.  The issue was never resolved.  Mary lived her last years with her granddaughter Eliza Marshall (Mrs. Rawleigh Colston), the Chief Justice John Marshall’s eldest sister, and she corroborated the story for James Paxton for his book, The Marshall Family.

According to Somerville, a piece of her wedding dress is in Maysville, Kentucky, library.

Page 38, July 28, 1752: John Neavill Junr. Against James Keith clerk - Trespas on the case, on the defts. Motion he hath leave to impart”

Page 146, May 31, 1753: John Neavill Junr Plaintif - James Keith clerk Defendant, the suit abates the defendant being dead.

Minute Book 1752-1753 page 25 Jun 1753
The Last Will and Testament of James Keith Clerk was presented in Court by Mary Ishum Keith and Chares green Clerk two of the executors who made oath thereto and the same being proved by the Oaths of the Witnesse is admitted to record and the Executors performain what is usual in such cases Certificate is granted entry….

Order Book 1754-1755 page 15 26 Mar 1754
The inventory and appraisement of the Estate of James Keith Clk deceased was returned and ordered to be recorded.

Order Book 1755-1757 page 11 27 Oct 1755
Ordered that Mary Isham Keith Exx. of James Keith clk deceased be summoned to appear at next court to give count security to William Blackwell and others her securities.

Order Book 1755 - 1757 page 196 24 Aug 1756
John Crump gent produced a Commission from under the hand of his Honor the Governor appointing him one of the Coroners of this county took the oaths appointed by Act of Parliament to be taken repeated and subscribed the test
as also the Coroners Oath.
Mary Isham Keith being summonded before this Court to give County Security to William Blackwell gent and others her Securitys for the faithfull administration of the estate of James Keith, gent came into the said court and entered himself Security for their Indemnity.

Fauquier County, Virginia Minute Book, part 2, 1756-1763, page 762:

THOMAS McCLANAHAN - Plaintiff vs MARY ISHAM KEITH, Exe. of James Keith, Clergyman, dec'd, Defendant.

The defendant having been duly summoned and failing to appear it is considered that the Plaintiff recover against the said Defendant the sum of 510 pounds of tobacco to be levied of the Goods and Chattels which were of the said James at the time of his death in the hands of the said Defendant to be administered if so much on her hands to be administered she hath and if she hath not then the costs of the aforesaid to be levied of the proper Goods and Chattels of the said defendant and also his costs. July 22, 1762. Justices present: John West, Daniel McCarty, John Carlysle, and Wm. Adams.

Fauquier Co., VA 22 Aug 1772, Mary Isham Keith gave Thomas Keith 5 negroes and her share of her mother's (Judith Davis) estate. In return, Thomas was to pay 150 pounds current money of VA towards Mary's debt's and to keep Mary in a decent and genteel manner:

Articles of agreement made and entered into the twenty second day of August Anno Domini One thousand seven hundred and seventy two between Mary Isham Keith of the Parish of Leeds in the County of Fauquier and Colony of Virginia widow and Relict of the late James Keith, Clerk, of the one part and Thomas Keith of the Parish, County and Colony aforesaid Witness whereas the said Thomas Keith has paid for the said Mary Isham Keith the sum of One hundred and fifty pounds current money of Virginia towards the paiment of her debts and is to support and maintain the said Mary Isham Keith in a decent and genteel Manner she the said Mary Isham Keith for and in consideration thereof Hath Bargained, sold, made over, delivered and confirmed and by these presents doth bargain, sell, makeover, Deliver and confirm unto the said Thomas Keith the five following slaves (?), Beck, Finder, Amos, and (?) to have and to hold the said Five negroe Slaves unto the said Thomas Keith his heirs and assigns forever. It is further agreed between the parties that whereas the said Mary Isham Keith will be intitled to an estate or part of an estate (now in the possession of Nicholas Davis of County) at the Death of the said Davis in which said estate as to the said Mary Isham Keith's part Devolved (or will devolve) to the said Mary Isham Keith by the Death of her mother Judith Davis. Now the said Mary Isham Keith agrees that the said Thomas Keith shall immediately on the death of the said Davis become possessed of her whole and full part of the said estate to have and to hold the same with every part and parcel thereof to the said Thomas Keith his heirs and assigns forever. And Lastly the said Mary Isham Keith doth hereby oblige herself and her heirs [...] execute any other deed or writings [...]effectual conveyance of the premises to the said Thomas Keith his Heirs and Assigns that shall by him or them reasonably required or by his or their counsel learned in the law [...] advised devised or required. In witness whereof the said parties have hereunto interchangably set their hands and seals the day and year first above written. Signed Mary Isham Keith; Thomas Keith. Sealed and Delivered in the presence of John O'Bannon, William Morgan, and ? ?.

Rev. Keith's Division of Land

Fauquier, Deed Book 6, Pages 522-525. 8 September 1778 per John Gott

Whereas by  the last will & Testament of the Rev. James  Keith, dec'd. amongst other things he devised  a tract of land to his sons, Thomas,  Alexander and Isham Keith, to be equally divided. They being of proper age,  met and agreed to the division as surveyed:

Thomas Keith to have Huntly .. 543 a.  .. on Battle Branch, cor. of  Hugh Lampert (now David Thomas's) also  cor. of Benjamin Thomas and the heirs of John Peyton, dec'd .. to cor. of  sd. Lampert (now James Sanders) .. cor. to Isham Keith .. line of the Rev. Mr.  Scott .. side of one of the main springs of Trap branch Scott's antient cor. ..  cor. of Isham Keith's on main Trap Branch .. up meanders where sd.  Battle  Br. falls into  Trap Branch .. less 5 a. sold Edward Matthew.

Alexander Keith to have 2  lotts: Roslin & Stony Wood .. 552 a.  cor. of Rev. Mr. Scott on main prong of  Trap Br. ..  Thos. Keith's line .. foot of the Pignut Ridge by 4 rocks in the line  of Samuel Nelms .. lines of Joseph Gibson .. s. side of Pignut .. to cor. of  Samuel Skinker .. from Skinker's line to the  line of Rev. Mr. Scott .. 386 a. part of  land left me by Rev. Jas. Keith, the other  part: beg. at cor. of John Frogg's, now  Isham Keith's .. John Peyton's cor, now the land of  Wm. Kirk .. Kirk's and Hugh Lampert's  (now James Lewis) cors .. cor. of Isham Keith .. 166 a. ..

 Isham  Keith to have 2 lotts, the Soldiers Retreat  and South Run. cont. 552 a. .. Beg. at  foot of Pignut Ridge in the Iine of Samuel Nelms (now Wm. Downing) near Four  Rocks cor. bet. Isham Keith & Alex. Keith's land .. cor. of Edward  Matthews 9 a. sold him by Thomas Keith ..  Matthews cor. on the Wolf Trap  Br. .. cor. to  Thos. Keith's div. .. 386 a. .. the other Beg. at cor. former John Frogg's now  Alex. Keith's .. line of Dr. Alex.  Bell  .. cor. of Rev. Mr. Scott .. line of  Hugh Lampert, now James Sanders .. 166 a.
..
Signed: Thomas Keith, Alex. Keith,  Isham Keith. Wits: John Barker, William Courtney, Burr (B) Barton,  Elizabeth (X) Ball. Rec: 28 Sept.  1778, prov. by o. of Barker, Courtney and Barton,  wits.

  Wills

Will of Peyton R. KEITH dated 1/10/1853 Proved January 25, 1853 in Brown County, IL

To son Peyton A. Keith $500 to be paid out of sale of land, to son John R. Keith $50, to daughter Judith A. Bruce $50, to daughter Mary D. Kirk $40, to sons James M. Keith and George A. Keith $10 each, residue to daughters Eliza A., Susan T., America Jane and Caroline M. Keith.

Executor: son Peyton A. Keith

Witnesses:  William Irvin and George Measy

Will of James KEY, Sr. dated January 7, 1809, proved June 1817 in Mason County, KY

To wife Judith 4 negroes, all household and kitchen furniture (except one bed and furniture) plus stock, to son James two negro girls, to son Thomas, one negro woman and her daughter, to son Alexander land, to grandson Peyton Key, son of James Key, to son Peyton R. Key, to daughter Judith Keith, to son Marshall Key, to granddaughter Mary Keith, to granddaughter Susan Keith, to granddaughter Nancy Key, daughter of son Alexander Key, to granddaughter Judith F. Key, daughter of son James Key, to grandson James Thomas Key, son of Thomas Key.

Executors:  Sons James Key and Marshall Key

Witnesses:  William Duff, Joseph Kilgore and Charles Kilgore

Codicil March 12, 1815

To son Peyton R. Key one Negro girl, to Grandson Richard Key, son of Thomas Key, one negro boy, to Grandson Peyton Key son of James Key one negro boy.

Will of James KEITH, Jr. dated May 19, 1814 proved November 15, 1824 in Fairfax County, VA. Book 1 p 294

Residue equally to seven children:  Elizabeth Contee, John Contee, James, Margaret Snowden, Jane Anne Contee, Catherine Contee and Thomas Randolph.

Executors: sons John Contee, James and Thomas Randolph

KEITH, John Estate,  Fauquier County, Virginia Will Book 5 page 113.
KEITH, John appraisement - 27 Sep1809, 27 Nov 1809 value of estate not given for household items, plantation utensils, stock & slaves: Jane $200, Scillar $230, Fanny $250, Harriet $250, Maria $200, Milley $180, Evaline $300, Amanda $140, Helen $250, Lucy $200, Peter $200, Thomas $250, Charles $350, Lewis $200, Willis $300, James $200, George $200, Anthony $130, Thompson $120, children Mary & Marshall $50 & Old Mary $50, administer Alexander D. Keith; Book 5 page 113.

Abstracts of Fauquier Co, VA Wills, Inventories and Accounts 1800-1865 by Dee Ann Buck

KEITH, John -- Division & Allotmt - 27 Nov 1809, 26 Feb 1810 administer Alexander D. Keith, he sold slaves: Peter, Lucy & Amanda to pay debts, balance of estate left 401 pounds to be divided among the nine heirs & each received the remaining slaves:

1. Anderson Keith received Charles
2. George Keith received Jane and Anthony
3. Joseph D. Keith receive Sciller, Mary & Thompson
4. Enoch Furrs received Fanny, Marshall & Milley
5. Taliaferro Grigsby received Harriot and George
6. Thomas Keith received Maria & James
7. Peyton R. Keith received Evaline & Lewis
8. James Nelson received Helen and Thomas
9. Alexander D. Keith received Willis

KEITH, Isham  Will,  Dated 13 March 1787. Proved 24 Sept. 1787. p. 121 WB2
 Fauquier Families 1759-1799, Alcock and Estelle Stewart King
To wife, Charlotte Keith, 1/3 of estate during life.
Son, John, to have all land in Fauquier Co. and land allowed me as a Continental officer.
Daughters, Betty, Mary Isham, Sarah Ashmore, Caty Gallahue Keith, Charlotte Ashmore Keith.
Exrs. wife, brother Thomas Keith, Charles Martin.
Wit: William Hunton, William White, George Roach.

KEITH, Thomas A. - Will 10 July 1839, 29 Nov 1845

Fauquier County, Virginia Will Book 19, page 377.
KEITH, Thomas (of Mason Co, Kentucky) , Wife not named to keep all my estate including slaves: Lewis & Wm in tact for her natural life, after her death to go to my son James A. Keith & will receive no more of my estate, son John Keith to receive $1874 which I have already advances him and three slaves: James, Solomon & Mariah now in his possession and no further portion of my estate, Son Peyton Keith the tract of land purchased of James McKoy 160 acres and slave John, no further portion of my estate, Daughter: Susan Keith to receive slave Eliza, Daughter: Mary to receive to receive slave Risper (girl) & $500, Grandchildren: Judith & James Applegate (children of my daughter Mary) to receive bond give to me by George Keith for purchased of the land said George Keith now lives on which land I paid, daughter: Eliza's son Thomas Keith Berry to receive slave Evelina (girl) and her increase together with $800, residue of estate to daughters: Louisa & Harriet, except Louisa to be charged with a slave Amanda (girl) valued at $400 she has received. Their portions held in trust by John A. Keith & Peyton Keith, my sons, Executors: James A. Keith & John A. Keith, witnesses Susanna Furr, Mary D. Owens & A.S. Baker

Will of Marshall KEITH, recorded Columbia County, Georgia June 6, 1842

(from Georgia Pioneers, Vol. 7 from Genealogylibrary.com)

To James Jones (alias Keith) and John Jones (alias Keith), of Alabama, all of my property in Ala., both real and personal, including the crops; also my negroes now in Georgia, to-wit: Zach, Martha, Jack, Agg, and all Agg's children, Dilcy and her child, Jim.

To Mary Jones, wife of William Jones of Augusta, Gin-maker, the land I purchased from John Wood, Shackelford and McNair, also 80 acres bought of McKinney. Also to said Mary, negroes Melinda and her children, Sytha and her children, Edmund, Sam and Matilda, also Ingraham.

To Judith Jones (alias Keith), all land not otherwise devised on west side of Fury's Ferry Road; also negroes Jeffrey, Violet and her child,

Sawney; Eliza and her child Billy; Daffney and her child, Jane and her child, also John, Nelson, Esther, Alick, Isabella and Athena.

My servant, Ishmael, to be freed, and property put in trust: 150 shares in Mechanic's Bank in Augusta. For Ishmael and his sisters, Minny and Elizabeth, as a home, all my land on the east side of Fury's Ferry Road, also negroes Hanibal, Delila, and their two children, Ned and George. Also blacksmith's tools, choice of one cart and oxen, choice of a horse, choice of three mules, also corn, fodder and pork for a year. Also cattle, hogs and sheep, as the executors shall deem necessary, and one bed and furniture, as well as the following extra negroes, Bowling, Robert and Greene, children of Yellow Agg.

In trust for Minny, sister of Ishmael, 100 shares of Mechanic's Bank stock, negro girls named Blanche and Minta, one bed and furniture, one spinning-wheel and loom.

In trust for Elizabeth, 15 shares of Mechanic's Bank stock.

To my brother, Isham, in trust for sister Susan, 100 shares Insurance and Trust Co., of Augusta; in trust with William Jones, 15 shares Mechanic's Bank stock, for use of James Jones.

To my nephew, Tarleton Keith, 15 shares stock in lieu of his right of 1/3 of a 1/5 interest in my mother's dower. To niece Judith Hiblien, 25 shares of stock, to niece Harriet Vance, 25 shares of stock.

To the Secretary of the Colonization Society, the following negroes: Alfred, Daniel and Thornton, for the purpose of being sent to Liberia, also 5 shares of stock for each, the proceeds to be paid to them or their survivors upon reaching Liberia. Should they refuse to go, stock to revert to Ishmael and Mr. Jones, of Augusta.

To my servant Nancy, in trust with my Excrs., for her own use, stock, furniture, etc., her maintenance to be charged to Ishmael.

Other bequests of furniture, stock and plantation lands, equally to Judith Jones and Mary Jones of Augusta. (Stipulation: The freed servants are NOT to live in or WITHIN THREE MILES of any town or village in Georgia or South Carolina. s/ MARSHALL KEITH

Contents of National Archives, Pension Application for Thomas Keith, WS119

This letter taken from carbon copy so no letterhead.

December 20, 1938

Hulsey Cason                                                                           THOMAS KEITH

Bascom Hall                                                                             W. 5119

The University of Wisconsin                                                                BA-J/MLB

Madison, Wisconsin

Dear Sir:

Reference is made to your letter in which you request the Revolutionary War record of Thomas Keith who served as lieutenant and captain in the Revolution from Virginia, married Judith Blackwell who received pension for his services; also, the record of their son, John Marshall Keith (or Marshall Keith) who served in the Revolution and whose wife was Elizabeth Jones.

The Revolutionary War records of this office have been searched and no claim for pension or bounty land found based upon service of a Marshall Keith, or of any John Keith as described by you.  Such claims are the source of Revolutionary War data furnished by this office.  The record has been found of a Thomas Keith and it is given herein as obtained from the papers on file in pension claim, W. 5119, based upon his service in the Revolution.

The date and place of birth of Thomas and names of his parents are not given.

While residing in Fauquier County, Virginia, Thomas Keith was employed in December, 1775, in raising additional regiments for the Virginia line, and in February, 1776, he was serving as captain in the recruiting service of Virginia..  In the spring of 1776, he was employed in the Quartermaster’s Department, engaged in purchasing arms and munitions of war, a part of which were for Captain John Chilton’s Virginia Company.  In September, 1777, he marched to the North in Pennsylvania, served three months then returned to Virginia, where he was appointed Commissary and continued to serve in that capacity and as Deputy Commissary General for the Virginia troops until after the Siege of Yorktown in October, 1781.

This officer died in the fall of 1805, while on a visit to the State of Georgia, his wife and children remaining in Fauquier County, Virginia, with the exception of a son who accompanied him.

Thomas Keith married May 25, 1775, place not given, Judith Blackwell; the date and place of her birth and names of parents were not stated.  Their marriage bond, dated May 23, 1775, and signed by him and Thomas Marshall (no relationship shown) was filed in the County Clerk’s Office of Fauquier County, Virginia.

Judith Keith, widow of Captain Thomas Keith, applied for pension December 27, 1836, at which time she was aged seventy-seven years and living in Fauquier County, Virginia, where she was still living in 1845.  Her claim was allowed.  She died April 17, 1857.

The only children of Thomas Keith and his wife, Judith, whose names were designated in the claim, were Marshall Keith, the eldest son, who went with his father to Georgia at the time of his visit, and a son, Isham Keith, no details given in regard to him.

In 1842, reference was made to John T. James, grandson of Captain Thomas Keith, his place of residence then not stated, but in 1845 living in Warrenton, Virginia.  In 1845, one David James was Justice of the Peace for Fauquier County, Virginia, his relationship to said captain or to John T. James not shown and names of their parents not given.

In 1837, James Marshall, nephew of Captain Thomas Keith, and brother of Chief Justice Marshall, was living in “Fairfield” and stated that he was a boy at school during the early part of the Revolution.  In 1845, one Alexander J. Marshall was County Clerk of Fauquier County, Virginia, their relationship to each other not shown.

The above-named Captain John Chilton of the 3^rd Virginia Regiment was slain in the Battlel of Brandywine.  He married the sister of Judith Blackwell Keith; her name is not given; she died before the Revolutionary War.  Their son, Major Joseph Chilton, was of Fauquier County, Virginia, in 1838.  Said Captain John Chilton had a brother Thomas who was living in 1777, no other data in regard to said Thomas.

In 1842, in Fauquier County, Virginia, Mark A Chilton, nephew of Captain John Chilton, his maternal uncle, stated that he married a daughter of Captain John Blackwell, but did not giver her name nor names of his parents; he stated that said uncle was captured with Lincoln at Charleston, South Carolina.  In 1844, one Samuel Chilton was serving as Representative in Congress from the 9^th Congressional District of Virginia; no relationship shown between him and the other Chiltons named above.

In 1845, Jane Taylor, the widow of George Keith Taylor, was living in Fauquier County, Virginia.  She was a niece of Captain Thomas Keith and a sister of Chief Justice Marshall.  The name of her mother is not given.

Very truly yours,

A.D. Hiller

Executive Assistant to the Administrator

State of Virginia

Fauquier County to wit

The affidavit of Jane Taylor of the County and State afore said widow of George Keith Taylor formerly of Petersburg.

This affiant states from my earliest infancy I have known Thomas Keith, he was my mother’s brother and of course familiar with his children and from the time I could think seriously or distinctly of anything he was afsociated in my mind as Capt. Keith.  I always knew it as a fact but whether this convention arose from having heard him addrefsed as Capt Keith or from information received in my own family I cannot now pofsitivly affirm given from under my name this 29^th day of June 1845

                                                                                                                Jane Taylor

Fauqr County to wit

The foregoing affidavit of Jane Taylor was sworn to before me ???of the Justices of the peace for the State of Va, County of Fauqr given from under my hand ??? this 29^th day of June 1845

James Payne

I know James Payne whose name is subscribed to the above Certificate to be a magistrate of Fauquier County VA duly commifsioned ??? and I know the above signature purporting to be his to be genuine.  I am acquainted with Mrs. Jane Taylor the affiant.  She is entitled to the fullest…….

State of Virginia

Fauquier County

                On this 27^th day of December 1836 personally appeared before the Justices of the County Court of said County Judith Keith resident of the county and State aforesaid aged 77 years, who being first duly sworn according to law, doth on her oath, make the following declaration, in order to obtain the benefit of the pension made by the Act of Congrefs ??? July 4, 1836   That she is the widow of Thomas Keith who as a Commifsary in the Army of the Revolution from September 1777 until the ???in the fall of the year 1781  That he was first employed by the State of Virginia to purchase arms and munitions of war from early in the year 1776 until a short time before he was appointed a Commifsary and that his service was a continual one as Commifsary from the time he marched to the north in September 1777 until the fall of the year 1781,  that he remained in the northern army not more than three months.  He then returned to Virginia where he mostly rendered the service of Commifsary.  She further declares that she was married to the said Thomas Keith on the 25^th day of May, 1775 or to be more positive as to the year the first May after the battle of  Bunker Hill; that her husband the aforesaid Tho. Keith died while on a visit to the state of Georgia in the fall of the year 1805 day and month not recollected, and that she had remained a widow even since that period, as will more fully appear by referenced to the proof hereto annexed.

                                                                                                Judith Keith

And the Court order it to be certified to the commifsioner of Pensions upon the evidence of William Horner that Mrs. Judith Keith has remained the Widow of Thomas Keith ever since his death ?? (illegible)

Military Records, Certificate of Service, Discharge, Heirs, and Pension Declarations and Schedules From the Fauquier county, Virginia Court Minute Books 1840 – 1904

Compiled by Joan W. Peters.

December Court 1841

On the motion of Isham Keith the court certifies, of its own knowledge that Isham Keith and James Keith are resident citizens of Fauquier County, Virginia.

It has been satisfactorily proven to the Court that they are both brothers of the late Marshall Keith of Columbia County, Georgia.

The court certifies that it has been fully proven in open Court that Isham Keith has two sons by lawful marriage, who are and have been since their birth, residents of Fauquier County.  Isham Keith Jr. an infant son and James Keith Jr. an infant age about 2 are the only sons of Isham Keith.

The court further certifies, fully proven in open Court, that James Keith the brother as aforesaid of Marshall Keith, deceased, of Columbia County, Georgia has the following son has the following sons by lawful marriage:  Thomas a. Keith, age around 27 who is now and has been for some time a resident citizen of Talledego County, Alabama.

Another son of James Keith is Marshall Keith, age around 19, a minor, who is now and has been since his birth a resident of Fauquier County, Virginia.

Thomas A. Keith and Marshall Keith are the only sons of James Keith, brother of Marshall Keith deceased of Columbia County, Georgia.

September 2, 1846 Court page 2

The Court ordered it certified that is was proved to the satisfaction of the Court that Thomas Keith, late of this County, was a Captain and Commissary in the Virginia Continental Line from the fall of 1776 to the end of the Revolutionary War.

Thomas Keith is dead, intestate and has left the following children surviving him as his only heirs:  1) James Keith 2) Tarleton F. Keith, 3) Isham Keith, 4) Harriet Skinker now the widow of Wm Skinker 5) Mary J Payne, wife of James Payne 6) Susan G. James, wife of David James.

Son James Keith has since died, intestate leaving, these surviving children: 1) Thomas Marshall Keith, 2) Fanny R. Keith, 3) Mary P. Keith, 4) Susan g. Keith, 5) Judith S. Keith, 6) Harriet S. Keith, 7) Virginia J. Keith 8) Ritchie R. Keith and 9) Lucy S. Keith as his only heirs at law.  James Keith devised all his estate, by will, to his 8 last named children to the exclusion of his sons Thomas and Marshall Keith

Son Tarleton Keith has since died, in Georgia, intestate, leaving these surviving children: 1) Tarleton F. Keith, 2) Harriet Keith, wife of Wm Vance, residing in Edgefield, South Carolina 3) Judith S. P. Hibler, wife of Isaac a. Hibler, living in Bourbon Count, Kentucky.  These are his only heirs at law.

Isham Keith, Harriet Skinker, James Payne, Mary J. Payne, David James, Susan G. James, and the children of James Keith are all the residents of Fauquier County and Culpeper County, Virginia.

On the motion of Isham Keith, the Court certifies the same.

September 28, 1857 Court pages 340-341

Satisfactory evidence was exhibited to the Court that Judith Keith Pensioner of the United States at the rate of $600.00 per year, an a resident of Fauquier County died on April 17, 1857.  She left 4 children:  Harriet Skinker, Mary J. Payne, Susan J. James, and Isham Keith.

John T. James is the administrator duly authorized by this Court to and in that capactity on the estate of the deceased Pensioner.

March 24, 1858 Court

It was proved to the satisfaction of the Court that General Thomas Chilton deceased had two brothers and two sisters.  One of General Chilton’s brothers was Joseph Chilton, who died leaving 6 children:  Betsy Spilman, wife of Conway Spilman, Julia Keith, wife of Isham Keith, Joseph Chilton, Lucy Ann Johnston, wife of Edward  P. Johnston, and John George Chilton.  John George Chilton died in Kentucky and left a large family.

His sister, Nancy Chilton married Augustine Smith of Fauquier County and had the following children:  Betsy Drew, wife of ____Drew, Thomas Smith, Charles C. Smith, John F. Smith (whose son is Charles E. Smith), Joseph Smith (now dead and leaving many children) Alexander H. Smith and Lucy C. Smith.

Obituary Notice from the Warrenton Flag Newspaper, April 1857
Copied by Sara Keith Raulston Turner 1974
Departed Relic of the Past
Another link that binds the past and present has been severed. A few days since and we had in our midst the living witness of events which occurred before the birthday of our independence; but death whose visitation had been long deferred, at last made its sure approach and removed from earth that venerable and remarkable woman, Mrs. Judith Keith. Who has not heard of old Mrs. Keith, the oldest woman in all the country roundabout? There are but few old families in Fauquier to whom she was not related or connected, and the old lady as she saw her posterity not recognizing the relationship between themselves, marveled that it should be so.

She was born on the 10th of August 1759, and died the 17th of April, 1857, at the residence of her son-in-law, Mr. David James - being nearly 98 years of age at the time of her death. She was married at a very early age, and her oldest child was born before the Revolution began. Her character was very marked and her mind uncommonly terse and vigorous. During the Revolution her hands were never idle, and her memory at the incidents with which she was contemporary and the hardships which she underwent made interesting reminiscences. With her own fingers she spun the cloth for her brothers - the Blackwells - who were officers in the continental army; and it gave her no little delight to tell how she rejoiced to see them sling the bundles of her homespun across their horses, and go forth again to battle in their country's cause.

Her husband, Thomas Keith, uncle of Chief Justice Marshall, was also a captain the army, and many an incident did the old matron have to narrate of his patriotic sufferings. She was the mother of five generations, and her living descendants numbered more than 100. It was one of her peculiarities to make a favorite of the oldest child of the family. Her mind, however, was not occupied with the events of this day, but absorbed in the contemplation of the distant past, and the crying scenes through which she had so nobly, so heroically struggled.

Altogether Mrs. Keith was a remarkable woman. Her intellect, though always powerful, was not more to be admired than the sterling virtues of her Roman heart. The beneficial influence of such a life is incalculable.
 

MARRIAGE BOND (Thomas Keith and Judith Blackwell)

Know all men by these presents that we Thomas Keith and Thomas Marshall are held and firmly bound to our Sovereign Lord King George the third of the sum of fifty pounds current money of Virginia to which payment well and truly to be made to our said Lord the King his heirs and succefsors we bind ourselves our heirs, executors and administrators jointly and severally firmly by these presents.  Sealed with our seals and dated the 23^rd day of May 1775.

The condition of the above obligation is such that whereas there is a marriage shortly intended to be solemnized between the above bound Thomas Keith and Judith Blackwell for which a license has ?? , now if there be no lawful cause to obstruct the said intended marriage, then the above obligation to be void or else to remain in force

Sealed and delivered in presence of H. Brooke                                   Tho. Keith  (seal)

                                                                                                                                Thom. Marshall  (seal)

Virginia, Fauquier County, to wit:

I Alexander J. Marshall Clerk of the County Court of the County and State aforesaid, do hereby certify that the foregoing is a copy of an original bond in file in my office.

In testimony whereof, I have hereunto subscribed my name and affixed my seal of Office this 8^th day of July 1837 and in the 62^nd year of the Commonwealth.

                                                                                                                                A.J. Marshall