James Hall, 5th Great Grandfather, Albemarle County, Virginia

 James has been an elusive grandfather. I first learned of him from my 4th Great Grandmother Nancy Hall's marriage bond to Thomas McFall. The bond stated Nancy was the daughter of ‘James Hall deceased’ and was dated August 23, 1814.

 Following is a timeline detailing what I have gleaned from records available to me. I estimate James Hall was born between 1767 and 1771 and died about 1793.

 October 14, 1785

James Hall married Mildred Humphrey, a daughter of David Humphrey Sen. and Jean Taylor, in Albemarle County, Virginia. Mildred’s father gave his consent for her to marry James Hall.

[Source Albemarle County Marriage Bond dated the 14th day of October 1785]

 March 28, 1787

James Hall and his father-in-law were included in the 1787 Albemarle County, Virginia Personal Property Tax List A dated March 28, 1787. David Humphrey’s name appeared first immediately followed by James Hall. David was taxed for one horse and seven cattle and was above the age of 21 years. James was above the age of sixteen but under 21 years of age. He was taxed for one horse and two cattle.

[Source 1787 Albemarle County, Virginia Personal Property Tax List A]

 March 26, 1789

David Humphrey and James Hall again appeared in the Albemarle County, Virginia Personal Property Tax List A on the same page with a few names separating them. The assessment only listed males above the age of 16 years. James had one horse while David owned two horses.

[Source 1789 Albemarle County, Virginia Personal Property Tax List A]

 May 17, 1790

 James Hall was assessed in the 1790 Albemarle County, Virginia Personal Property Tax List A. He was not taxed for any animals.

[Source 1790 Albemarle County, Virginia Personal Property Tax List A]

 September 12, 1793

The Albemarle County, Virginia Court Order Book recorded an indenture of bargain and sale when John Everett sold 100 acres to Mildred and James Hall's daughters Jean Hall, Nancy Hall, Franky Hall, and Sally Hall. The girls were minors on this date; I was surprised they could hold property in their names. I later learned that while minors can buy land in Virginia, they cannot sell it until they reach the age of 21 years.

 The deed was recorded as stated in the Albemarle County, Virginia Court Order Book. According to the deed, Jean, Nancy, Franky, and Sally Hall paid £50 for 100 acres bound by John Everett, John Bolling, John Wilkerson, to a corner white oak of James Hall. John Everett signed the deed, but no one witnessed the agreement.

 I have always been puzzled by the agreement. How come the girls’ mother did not retain the tract in her name?

[Source Albemarle County, Virginia Court Order Book, Year 1793, page 491]

[Source Albemarle County, Virginia Deed Book 11, pages 93 – 95]

 April 2, 1794

Although the deed mentioned above does not state James Hall was deceased in the land description, it is likely. Certainly, he had passed by April 2, 1794, when his widow Mildred (Humphrey) Hall married John Bailey.

[Source Albemarle County, Virginia Marriage Bond dated the 2^nd day of April 1794]

 October 14, 1803

Robert Bolling and his wife Jean sold 7 acres of land to John Bailey, all of Albemarle County on October 14, 1803. The parcel was described as lying and bounded between and by the lands of Stephen Moore, John Everitt, and the Estate of James Hall deceased where John Bailey then lived. The indenture was witnessed by Bolling, James Reynolds Sr., and James Reynolds.

[Source Albemarle County, Virginia Unrecorded Deeds 1785-1863]

 October 27, 1803

John Everitt and his wife, Sarah, sold 160 acres to Stephen Moore in Albemarle County in the North Garden on the waters of the north fork of Hardware. Robert Bolling, Stephen Moore, and John Wilkerson’s property lines were close. James Hall, deceased, was also named in the deed property description.

[Source Albemarle County, Virginia, Deed Book 14, pages 371-372]

 February 15, 1808

James Hall’s daughter, Jean, sold her one-fourth share of the 100-acre tract she owned with her sisters to Stephen Moore for £20. The indenture was produced in Albemarle County Court April 1808 by John Irwin.

[Source Albemarle County, Virginia Deed Book 16, pages 346-347]

 February 25, 1813

Nancy, Franky, and Sally Hall sold their three-fourths share of the 100-acre tract in the North Garden to William Moore for $321. This deed identified the tract as land their deceased father bought from John Everitt who made them a title.

[Source Albemarle County, Virginia Deed Book 18, pages 314-315]

Marriage suddenly to be Solemnized between James Hall and Mildred Humphrey

 

I haven’t been able to locate many facts about James Hall, but I can share his marriage bond. I recently viewed it on microfilm at my library thanks to the Library of Virginia’s interlibrary loan program. James Hall married Mildred Humphrey on October 14, 1785, in Albemarle County, Virginia.

Transcription:

 Know all men by these presents that we James Hall

and David Humphrey are held and firmly bound unto

the Commonwealth of Virginia in the Just Sum of

of Fifty pounds which payment will and Truly to be

made we bind ourselves jointly and Severally our joint

and Several heirs firmly by these presents Sealed with

our Seals and dated the 14^th day of Octer 1785

 

The Condition of this Obligation is Such that whereas

there is a marriage suddenly to be Solemnized be

tween the above bound James Hall and Mildred Hum

phrey Both of Albemarle County, now if there be no

just cause to obstruct the same then this obligation

to be said otherwise to remain in full force

Te__

     Nicholas Lewis

                                                          James Hall        [Signed his mark]

                                                      David Humphrey        [Signed his mark]                                    

As you can see, Mildred’s father’s David Humphrey served as a bondsman and provided a signed consent showing he had no objections to his daughter’s marriage to James Hall.

 

Transcription:

October 14 1785

this is to santify that I have know

objection Against my Daughter

Mildred Humphrey marring

David Humphrey

Jean, Nancy, Franky, and Sally Hall's 100-acre parcel, Albemarle County, Virginia

 

Nancy Hall was born about 1790 and married Thomas McFall August 23, 1814 in Albemarle County, Virginia. Rev. Benjamin Burgher, a Baptist minister, officiated the ceremony. Their marriage bond states Nancy was the daughter of James Hall, deceased. Isaiah Humphrey and Thomas McFall, both bound themselves to the Governor of Virginia in the amount of $150 ensuring a marriage would take place shortly. Isaiah declared Nancy was over 21 years of age before a court clerk the same day.

I wondered if Isaiah Humphrey might be related to either Thomas or Nancy. I found an “Albemarle County Chancery Cause 1820-014 David Humphrey’s Administrator & etc. vs. Isaiah Humphrey’s Administratrix, etc”.  I discovered David and Isaiah were Nancy’s uncles. Their sister, Mildred Humphrey, was identified as Nancy’s mother.

The chancery suit identified Mildred (Humphrey) Hall Bailey's children. Jane (also known as Jean), Nancy, Frances (also called Franky), and Sally were James Hall's daughters. Betsey (also called Elizabeth), John, Lewis D., and Patsey (also known as Martha) were John Bailey's children. 

This was the starting point for new research. The chancery disagreement began after brothers David Humphrey Jr. and Isaiah Humphrey died. David Junior’s widow and Isaiah’s widow were the plaintiff and defendant. The dispute likely began after their father David Humphrey Senior’s death in 1818 and involved the inheritance of David Senior’s slaves.

 Later research revealed James Hall and Mildred Humphrey married Oct. 14, 1785, in Albemarle County, Virginia. The Hall daughters were born sometime between 1785 and 1794 when Mildred was with James Hall. She married John Bailey April 2, 1794, at Albemarle County, Virginia. I’m assuming James Hall had died by this date, and I’m not looking at a divorce.

About nine months before the widowed Mildred Hall married John Bailey, a curious thing happened. On September 12, 1793, John Everitt sold a 100-acre parcel to Jean Hall, Nancy Hall, Franky Hall and Sally Hall all of Albemarle County, Virginia. This land sale piqued my interest and puzzled me. As James Hall and Mildred Bailey married in 1785, these girls would not have been old enough to legally buy land in the State of Virginia. Usually, there are witnesses to land transactions, but not this time. John Everett brought the indenture to the Albemarle Court and acknowledged the land sale in September 1793. [Albemarle VA Deed Book 11, pages 93-95]

The land description mentioned James Hall as a neighbor:

            “one tract or parcel of land containing one hundred acres be the same more or less beginning at a red oak said Everitt’s corner on John Bolings line thence on the same N13 degrees E 93 poles to pointers Wm Nelsons corner on said Bolings line thence on said Nelsons line S35 degrees W120 poles crossing two branches to a red oak John Wilkersons corner thence on said line to a corner of James Hall thence a new cut line to the head of a branch to afore & after poplar thence following the meanders of the branch to bolings line at the beginning”

Beginning in 1794, Jean, Nancy, Franky and Sally Hall were included on the Albemarle County land tax list. Each was taxed for a 25-acre tract which was paid until 1807. After that date, they no longer appeared on the tax rolls.

Albemarle County Deed Book 16, pages 346-347 reveal Jean Hall sold her one fourth share of the 100-acre parcel on Feb. 15, 1808, to Stephen Moore for 20 Pounds. Jean signed the indenture with her mark. There were four witnesses to the agreement. Wm. F. Styles, David Humphrey Jr., Andrew Hart and John Irvin. Wm. F. Styles and Andrew Hart witnessed the sale in June 1808. Jean’s uncle, David Humphrey Jr., served as a witness with no date. John Irvin witnessed Jean’s signature in April 1808 and carried the indenture to Court April 1808 and at a June 1808 Court where it was fully proved and ordered to be recorded.

The land description did not include any of the adjoining neighbors mentioned in the 1793 deed when John Everitt sold the 100 acres to the Hall’s. However, the parcel was said to be in North Garden bound on the east, south and west by Stephen Moore. Dabney Minor’s lands bordered on the north.

About five years later Nancy, Franky, and Sally sold their shares to William Moore of Albemarle County on Feb. 25, 1813. This indenture was indeed informative. [Albemarle VA Deed Book 18, pages 314-315]

            “This indenture Made this twenty fifth day of February one thousand eight hundred & thirteen between William Moore of Albemarle County & Nancy, Franky, & Sally Hall sheweth that said Moore hath Bought of said Nancy, Franky, & Sally Hall all the right interest & title they hold in the land they became Seized of in fee simple by a purchase Made by their dec’d Father of John Everitt who Made them the title they now hold which they have sold there undivided interest in said land to said Moore for & in Consideration of the sum of three hundred & twenty one Dollars to them”

The wording of the land description seems as if James Hall was alive on September 9, 1793, and purchased the tract from John Everitt in person. John Everitt, in turn, put the title in the girls’ names. This would explain my concerns about how minors would be able to legally buy land.                                                         

The following year Nancy would marry Thomas McFall. I did not find anything further about Jean, but Franky and Sally cropped up in future court records which I will blog about in the future. 

Cornelius and Thomas McFall, Feb. 12, 1808, Albemarle Co., VA

 

On September 13, 2022, I began my post “Starting Over with 4^th Great Grandfather Thomas McFall” with the following paragraph:

McFall family researchers have been studying Cornelius McFall as a possible father for Great Grandfather Thomas McFall for at least twenty years. I have been among that group for quite some time. While I successfully gathered records for Cornelius, I have struggled to find any documentation linking Cornelius and Thomas.

I still have not found documentation establishing Cornelius and Thomas McFall as father and son. However, I do have a recently discovered Albemarle County, Virginia deed where Cornelius and Thomas acted as witnesses to a land sale. Although I’m still lacking proof for my line, I’m pleased as this indenture places Cornelius and Thomas at the same place and same time.

The Albemarle County, Virginia deed was made February 12, 1808, between Benjamin Davis of the 1st part, Claiborne Rothwell of the 2^nd part and Nimrod Branham of the 3^rd part. All were residents of Albemarle County.

Benjamin Davis owed Nimrod Branham sixty-five pounds, seven shillings and mortgaged his 45 acres to Claiborne Rothwell to pay the debt. If Benjamin Davis did not pay Clairborne Rothwell by May 1, 1808, Rothwell could sell the 45 acres for money owed.

The indenture was signed, sealed and delivered in the presence of John R. Jones, Thomas Rothwell, Cornelius McFall and Thomas McFall. The agreement was produced at Albemarle June Court 1808.

I’m including images from the Albemarle County, Virginia Deed Book 16, pages 313-315 below that I acquired from Familysearch.org website.

                                                       

Albemarle Co. VA Deed Book page 313 (bottom of page)

Albemarle Co. VA Deed Book pages 314-315

Starting Over with 4th Great Grandfather Thomas McFall

McFall family researchers have been studying Cornelius McFall as a possible father for Great Grandfather Thomas McFall for at least twenty years. I have been among that group for quite some time. While I successfully gathered records for Cornelius, I have struggled to find any documentation linking Cornelius and Thomas.

So, in today’s blog, I’ll tell you what I know about Thomas McFall and hope you can help.

I first learned about him when I employed Mrs. Katherine Bushman, from Augusta County, Virginia to uncover my ancestry in 1991. She quickly traced my Great Grandmother Flora Belle (McFall) Joseph to James Addison McFall to David McFall to 4^th Great Grandfather Thomas McFall.

Thomas was born about 1790 in Virginia and died February 3, 1854 in Augusta County, Virginia where he resided for many years. The Staunton Spectator and General Advertiser printed his death notice March 8, 1854.

DIED.

                              In this county, at his residence, on the 3d of Februa-

                              ry, Mr. THOMAS McFALL, aged about 64 years.  He

                              was formerly of Albemarle, but had been a resident of

                              this county for the last thirty years.

To set the record straight, he had been an Augusta County, Virginia resident for more than thirty years. Records indicated it was forty-two years. I found him in an 1812 Augusta personal property tax list when he was a young man about 21-22 years old.

Thomas had documented connections to Albemarle County, Virginia dating back to August 1814 when he married in that county. A marriage bond dated August 23, 1814 declared his intention to marry 4^th Great Grandmother Nancy Hall, daughter of the deceased James Hall.

By the way, Albemarle is where Cornelius McFall lived as early as the American Revolution casting a research trail that I would follow looking for a 5^th great grandfather.

Let’s get back to Thomas’ early life. As I said, he began appearing in the Augusta personal property tax lists in 1812. The 1815 Augusta County personal property tax list dated March 2 reveal Great Grandfather owned 1 horse, ass, mule, mare, or colt and 1 head of cattle.

The August 7, 1820 federal census enumeration found the Thomas McFall home in Staunton, Augusta, Virginia:

4 Free White Males Under 10: sons, James, John, William, and David

1 Free White Male - 26 thru 44:  Thomas age about 30 years

1 Free White Female - 16 thru 25: wife Nancy (maybe 20-24 years)

1 Person Engaged in Agriculture: Thomas

4 Free White Persons Under 16: 4 McFall sons

Free White Person - Over 25: 1 must be Thomas

Total Free White Persons: 6

Total All Persons - White, Slaves, Colored, Other: 6

1820 U S Census; Census Place: Staunton, Augusta, Virginia; Page: 30; NARA Roll: M33_132

 I have not been able to find the McFall’s in the 1830 federal census but know Thomas remained in Augusta County as I found him in the 1830 personal property tax list. During the 1820’s two more children were born—Mary Jane in 1821 and Isaiah 1825.

By January 12, 1832, Great Grandfather was a widower and married Ann Smith in Augusta County.

The 1835 Augusta County, Virginia personal property tax lists included Thomas as well as his eldest son, James McFall. James must have been 16 to 18 years old to be taxed on his own behalf. James and Thomas both were taxed in 1836. In 1837. Thomas’ sons John and David McFall appeared in the county tax lists. Thomas, sons David and William were taxed in 1839.

 Augusta County was still home to the McFall’s per the 1840 federal census:

 Name: Thomas McFall

Home (City, County, State): Augusta, Virginia

1 Free White Male - 50 thru 59: Thomas age about 50 years

1 Free White Female - 15 thru 19: Daughter Mary Jane McFall

1 Free White Female - 40 thru 49: 2^nd wife Ann

1 Person Employed in Agriculture: Thomas

1 Free White Person - Under 20: Mary Jane McFall

1 Free White Person - 20 thru 49: 2^nd wife Ann

3 Total Free White Persons: Thomas, Ann, and Mary Jane

Total All Persons - Free White, Free Colored, Slaves: 3

Year: 1840; Census Place: Augusta, Virginia; Roll: 551; Page: 12; Image: 28; Family History Library Film: 0029684

The older McFall sons no longer lived with their father, but I was surprised to see the youngest boy, Isaiah (about 15 years) was not in Thomas’ home either.

The 1850 federal census:

District No. 2 and 1/2; Augusta County, Virginia

Page 339a, Line 26, Dwelling 261, Family 267

Thos McFall  age 58  male  Farmer  Value of Real Estate Owned $578  Place of Birth Virginia

Anne McFall  age 59  female  Place of Birth Virginia  Cannot read & write

After Thomas’ death, his widow Anne, initiated a chancery cause to have her dower rights assigned to his estate. The Staunton Spectator published details of the case in their April 25, 1855 issue:

VIRGINIA ;--At Rules held in the Clerk’s

     Office of the Circuit Court for Augusta coun-

ty, March the 31^st, 1855, Ann McFall, Samuel

Good and David W. Riddle,--Plaintiffs,

      AGAINST

James McFall, John McFall, Catharine McFall

and Margaret McFall, Hamilton McFall, James

McFall, Stuart B. McFall and David McFall, in-

fant children of David McFall, dec’d.,--Defen-

dants.

    The object of this suit is to obtain an assign-

ment of dower for the plaintiff Anne McFall, the

widow of Thomas McFall, dec’d., in the real es-

tate, of which said Thomas McFall died seized

and a partition or sale of the residue of said real

estate.

    The Defendants James McFall and John Mc-

Fall not having entered their appearance and giv-

en security, according to the act of Assembly,

and the Rules of this Court, and it appearing by

satisfactory evidence that they are not inhabitants

of this Commonwealth:  It is ordered that the

said Defendants do appear here within one month

after due publication of this notice and answer the

bill of the plaintiff and that a copy of this order

be forthwith inserted in some newspaper printed

in Staunton, for four weeks successively, and

posted at the front door of the Court-house.

             A Copy—Tests,

                                         N. C. KINNEY, Cl’k.

   April 4, 1855—4w.—H. W. Sheffey, P. Q.

Thomas’ daughter, Mary Jane and husband James Dalton had already sold their interest in her father’s estate to Samuel Good prior to the chancery suit. The same was true of William McFall and his wife Susan in October 1854 when they sold their interest to David W. Riddle. Isaiah McFall predeceased his father dying in 1847.

The October 15, 1856 edition of the Staunton Spectator and General Advertisers reports on the pending Commissioner’s sale of Thomas McFall’s land.

COMMISSIONER’S SALE.—By virtue of a

   decree of the Circuit Court of Augusta county,

rendered on the 20^th day of June 1856, in the case of

Ann McFall, &c., vs. Catharine McFall, &c., I shall pro-

ceed, on Tuesday, the 18^th day of November next, to

sell on the premises the TRACT OF LAND of which

Thomas McFall died seized and possessed, lying in Au-

gusta county, near Mt Pisgah Church, and containing

about 33 Acres. The improvements consist of a com-

fortable DWELLING HOUSE and suitable out-build-

ings.

   TERMS OF SALE:--Cash for the expenses of sale and

reasonable costs of suit; the balance in six, twelve and

eighteen months; bonds, with good security, to be ta-

ken for the deferred payments, and the title to be re-

tained until the purchase money is paid.

                                        HUGH W. SHEFFEY, Com’r.

   Oct. 15, 1856.—tds.