Review, Re-Do, and Rethink: James Todd Sr.’s Proofs

James Todd Sr. of Pudding Run, Augusta County, Virginia

Review:

The following material is from The Todd Family of Mossy Creek Augusta County, Virginia compiled by Katherine Gentry Bushman in 1966.

The story of the Mossy Creek Todd family, for us, begins with James Todd who died in 1799, prior to December 23.  That is the date on which Jane Todd, the widow, relinquished her right to administer the estate in favor of her son, George Todd. 

The known children of James and Jane Todd were

            George (evidently the eldest son since he administered the estate)

            Nathan

            James, Jr.

            Samuel

            Jane

            Isabella

            Elizabeth

            Proofs:

            Chalkley, Vol. 1, page 534, Jane Todd widow of James relinquished her right to administer to son, George Todd

            Ibid., Vol. 3, page 220, James Todd's estate in account with George Todd, adm--Paid James Todd, Jr., for attending Pendleton Court; paid Nathan Todd, ditto (WB 9, page 113, 1801)

            Wayland, Rockingham County History, page 450, James Todd, Wm Nall's Company, Point Pleasant, 1774

            Wayland, History of Shenandoah County, Virginia, page 210 J. Todd--cut into Beech tree, Warren County, Kentucky, 6-13-1775

            Wayland, Virginia Valley Records, page 99, Militia Vouchers of 1788:  James Todd:  3 horses

            Deed Book 33, page 345, 11-1-1804 (Augusta County) Nathan Todd, Samuel Todd, James Todd, Jr., heirs of James Todd deceased, sell land on Pudding Run

Re-Do:

I wanted a look at the records Katherine Bushman cited in her proofs. Lyman Chalkley’s Chronicles of the Scotch-Irish Settlement in Virginia Extracted from the Original Court Records of Augusta County 1745-1800, Volume I, page 534 did record Jane Todd relinquishing her right to administer her husband’s estate in favor of her son December 23, 1799.

Thanks to Patricia Mae Hull Fulton, I have more to add to James Todd Sr.’s story. In 2007 Patt published her family’s history in a book titled Ancestors and Descendants of Vesper Beryl Fierce Hull of Iowa and Allied Families of Criswell, Hiner, Pickrel, Robinson, Strong, Todd and West. Patt’s Chapter Eight is dedicated to the Todd line and she shared it with me.

By the way, Patt is a descendant of Rachel Todd and Jacob Hiner, Jr. Rachel was the daughter of Catherine Siple and James Todd Jr. (and sister to my ancestor Catherine Todd who married David McFall).

She proves Jane Todd to be the widow of James Todd Sr. citing Augusta County Court Order Book 26, page 128:

   “George Todd, administrator of the Estate of James Todd dec’d, is granted him, he having made oath and entered into bond with Joseph Craven & James Todd his sureties in the penalty of $1,000 according to Law. Jane Todd, the widow of the said dec’d James, having certified to the Court that she relinquished her right of administration ordered that James Miller, James McHenry, John Bell and Joseph Snapp or any three of them being first Sworn to appraise said Estate.”

As Katherine Bushman stated, I found George Todd’s accounting in Chalkley’s Chronicles Volume III when he paid James Jr. and Nathan Todd for a court appearance about his father’s estate.

Augusta County, VA Will Book 9, contained George Todd’s accounting of his father’s estate presented in Court June 22, 1801.

George Todd paid 7 Pounds and 9 Shillings owed on a Davies Execution. Funeral expenses, attorney’s fee, vendue expenses, court costs, and taxes were deducted from the estate too.

The Administrator reveals a court case in Pendleton Court--James Todd against Ekert. That’s when Nathan Todd and James Todd, Jr. appeared as witnesses and George paid each 1 Pound.

Patt Fulton knew a bit more about the court suit. Nathan and James Jr. Todd appeared in Franklin, Pendleton Co., VA because their father initiated an action against Phillip Ekert for money owed him. [Source Pendleton County Minute Book 1795-1803, 80, County Clerk’s Office, Franklin, West Virginia.]

Mrs. Bushman thought James Todd a soldier of the Revolution and cited

John Walter Wayland’s Rockingham County, Virginia History, page 450. There was a James Todd that was a member of Wm Nall's Company of Volunteers from Augusta County, in the campaign to Point Pleasant in 1774. Google Books offers this work in their collection and I viewed pages 449-450.

Virgil A. Lewis’ book, History of the Battle of Point Pleasant Fought Between White Men and Indians at the Mouth of the Great Kanawha River (Now Point Pleasant, West Virginia), Monday, October 10^th, 1774, The Chief Event of Lord Dunmore’s War is going on my reading list. Captain William Nalle’s Augusta County Regiment participated in the Battle of Point Pleasant; Private James Todd was among his soldiers. The Documentary History of Dunmore’s War, 1774 edited by Reuben Gold Thwaites and Louise Phelps Kellogg confirms James Todd’s presence in Captain William Nalls Company September 10^th 1774. Both volumes can be found on Google Books. I can’t say with certainty this is my ancestor but it very well could be.

Proof: John Walter Wayland, History of Shenandoah County, Virginia, page 210 J. Todd--cut into Beech tree, Warren County, Kentucky, 6-13-1775. I viewed page 210 through my ancestry.com subscription and don’t have enough information to form an opinion.

James Todd was among the men serving under Captain Benjamin Smith’s Company in Rockingham County, VA in 1788. He owned three horses. According to personal property tax lists, 5^th Great Grandfather resided in Rockingham County before living in Augusta County. [Source John W. Wayland, Virginia Valley Records, page 99]

I already covered the final proof Deed Book 33, page 345, 11-1-1804 (Augusta County) Nathan Todd, Samuel Todd, James Todd, Jr., heirs of James Todd deceased, sell land on Pudding Run in my blog post Review, Re-Do, and Rethink Todd Ancestry: James Todd Jr. Buys out his Brothers.

Rethink:

Today’s post wraps up my Review, Re-Do, and Rethink Todd Ancestry project and that’s only because I don’t know James Senior’s beginnings.

Reviewing my papers and notes triggered new thoughts and questions. The Re-Do answered some of those questions. I benefited from meeting Todd descendants who shared their research. It was wonderful to connect with them. Thank you Patt Fulton and Richard McMurtry.

Any other Todd’s want to talk?

The Natural Bridge, Virginia, 1852

Frederick Edwin Church

Wikimedia Commons

Review, Re-Do, and Rethink Todd Ancestry: James Todd Jr. Buys out his Brothers

Review:

I continued reviewing Katherine Bushman’s The Todd Family of Mossy Creek, Augusta County, Virginia. Mrs. Bushman cited Deed Book 33, page 345 in her proofs for James Todd Sr. She concluded Nathan, Samuel, and James Todd Jr. sold James Sr.’s land on Pudding Run in 1804.

FamilySearch.org digitized some Augusta County, Virginia deeds. I was able to view the deed in question at a Family History Center near my home. My read on the document differed from Mrs. Bushman.

Re-Do:

I’ll summarize my interpretation and follow with a transcription of the agreement.

The Augusta County, Virginia indenture was dated November 1, 1804—five years after James Todd Sr. died. Nathan and Samuel Todd each sold their undivided sixth share in a tract of land located on Pudding Run to James Todd Jr. The land belonged to their late father.

Money changed hands to seal the deal. James Junior paid Nathan and Samuel 30 Pounds each after borrowing 60 Pounds from J. McCue Dec. 18, 1804.

Transcription: Augusta County, VA Deed Book 33, pages 345-346

This Indenture made the first day of November in the year 1804 between Nathan Todd & Samuel Todd of the County of Augusta of the one part, & James Todd of the same place of the other part,  Witnesseth that the said Nathan Todd & Samuel Todd each for themselves & for and in consideration of the sum of thirty pounds to Nathan Todd & Thirty pounds currency to Samuel Todd to them in hand paid by the aforesaid James Todd at & before the ensealing & delivery hereof the receipt whereof is hereby acknowledged & themselves fully satisfied contented & paid do each for themselves Grant bargain sell assign alien ______ & confirm unto the said James Todd his heirs & assigns forever each and all their undivided part of in and to a Tract of land lying in Augusta County on Pudding run which s’d tract of land their Father James Todd dec’d Sr was seized & possessed of & which they hold as heirs at law of the s’d JamesTodd Sr dec’d to have & to hold the s’d two undivided shares to him the s’d James Todd & his heirs & assigns forever and the said Nathan Todd & Samuel Todd do covenant and agree to & with the s’d James Todd & his heirs & assigns forever that they will forever warrant and defend each his undivided sixth part of in & to the aforesaid Tract of land against themselves their heirs & c. & all others claiming anything therein or thereto by from or under them or any of them to him the s’d James Todd & his heirs & assigns forever.  Given under our hands & seals the day & year first written.

                                                                                    Nathan Todd

                                                                                    Samuel Todd

Test

James Cochran

William Cochran jun

Thomas Denny

I do assign my right and title to the two parts or Shares mention in the within Indenture, which shares I have bought of my brothers Nathan and Samuel Todd, together with my own sixt part of my fathers tract of land, on the within mentioned pudding run;  I say, I do assign my right and title, and that of my heirs, forever to J. McCue his heirs forever, in order to secure to him the Just and full payment of Sixty pounds one Shilling and nine pence on dem’d this 18^th day of Dec’r 1804 and he may sell said land any day to make his money. Witness my hand and Seal the day above written.

                                                                                    James Todd

Test

James A. McCue

Deed Book 33, page 346

Top of page

At a Court Continued and held for Augusta County June the 26^th 1805 ~~

This Indenture of bargain and Sale between Nathan Todd & Samuel Todd of the one part, and James Todd of the other part was proved by the Oath of William Cochran jun’r a witness thereto ~~

At July Court 1805 This Indenture was proved by the oath Thomas Denny a witness thereto ~~

At a Court held for the said County the 24^th day of March 1806

This Indenture was further proved by the oath of James Cochran a witness thereto and ordered to be recorded.

                                                                                    Teste

                                                                                    Chesley Kinney C.C.

It’s too bad a more detailed land description wasn’t included. I only know James Senior’s land was in the same vicinity as the 104 acres that James Junior paid the Davies family 100 Pounds on Pudding Run in 1822. See my last blog James Todd’s Ties to Pudding Spring Draft.

Richard McMurtry’s web site The Todds of Augusta County, Virginia is a genealogical goldmine for Todd family descendants. Mr. McMurtry traced the history of the 104 acre lot on Pudding Spring Tract to James Todd Sr. James Senior “encumbered a debt” with James and Walter Davies in 1795. The Davies’ purchased the land from the Hogshead family in 1793 and they obtained the parcel from the original patent owner Moses Hall. In 1799 the Davies’ went to court to get the money they were owed.

I confirmed a connection between James Todd Senior and the Davies among my papers. Senior died intestate leaving his son George to administer his estate. George Todd’s settlement was presented in Augusta County June 22, 1801. At first glance I thought the first item read ‘To paid Davies Executor 7 Pounds, 9 Shillings’.

Excerpt from Augusta Co. VA Will Book 9, page 113

Only when I enlarged the image, I saw ‘To paid Davies Execution’. Execution—what’s that? I checked my A to Zax Dictionary and soon realized James Todd Sr. had a judgment against him because he didn’t pay a debt. The Court had stepped in to satisfy the debt. This agrees with Richard McMurtry’s research.

I learned more specifics about the Todd tract from Peggy D. Munson’s web page Lytle Family: Register Report of James Hogshead. James’ son, William Hogshead, bought 2 lots on Pudding Spring Draft Aug. 16, 1773 from Moses Hall. One tract contained 104 acres and the other 99 acres. The Davies’ paid 120 Pounds for both Sept. 17, 1793.

  

I looked for Moses Hall on the Library of Virginia web site among the Land Office Patents issued by the Secretary of the Colony. He did indeed receive a land grant August 16, 1756 for 104 acres on Pudding Spring Branch in Augusta County, VA. I downloaded an image of the patent to study. Lo and behold, the land description was almost word for word as written in James Todd Jr.’s 1822 deed.

Rethink:

It seems James Todd Sr. owned the 104 acres on Pudding Spring Draft near the waters of the Mossy Creek. Then James Todd Jr. took over the property. A similar scenario was played out by James Junior’s children leaving the land to Todd grandsons Preston and James H. Todd.

By this time you know I’m a document diva so my next task will be to find any evidence of these dealings in court records.

Review, Re-Do, and Rethink Todd Ancestry: James Todd Jr.’s Ties to Pudding Spring Draft near the waters of Mossy Creek

Review:

In my last post, Review, Re-Do, and Rethink Todd Ancestry: James Todd Jr.’s Will, I wrote:

   “Finding the 104 ½ acres of land mentioned in the inventory gives me hope I’ll find more information in land records.”

Re-Do:

As I hoped, I found the recorded deed among the Augusta County, VA Deed Books. Grandfather purchased a parcel located on Pudding Spring Draft near the waters of Mossy Creek from Davies family members August 9, 1822.

Transcription from Deed Book 46, pages 430-433:

This Indenture, made and entered into this 9^th day of August in the year of our Lord one thousand eight hundred & twenty two  In pursuance of a decree of the worshipful Court of Augusta in Chancery at the August Term 1820 ~ In a Suit then & there depending between James Todd of the said County of Augusta of the one part & Walter Davies Sen’r, Martha Davies widow of James Davies dec’d, Jane Davies, Ann Davies, Polly Davies, Walter Davies Jun’r. & Walter Davies Sen’r as Guardian of James Davies infant of the County of Rockingham of the other part, all of the State of Virg’a. Witnesseth, that the said Walter Davies Sen’r & Rebecca his wife, Martha Davies, Jane Davies, Ann Davies, Polly Davies, Walter Davies Jun’r & James Davies by his said Guardian for and in consideration of the sum of one hundred pounds to them in hand paid, the recpt. whereof is hereby acknowledged have granted bargained & Sold & by these presents do grant bargain & sell to the said James Todd his heirs & assigns a certain tract or parcel of Land situate & being in the County of Augusta on Pudding Spring Draft near the waters of Mossy Creek containing by survey one hundred & four acres, be the same more or less  Bounded as follows.  Beginning at two white oaks & two pines on a hill on the South east side of the Draft & running thence N. 50^o W. 60 poles crossing a draft to a white oak thence S. 40^o W. 190 poles to a White oak ~ thence N. 50^o  W. 30 poles to a white oak saplin on a hill  thence S. 40 W. 60 poles to a black oak on the side of the Draft   thence S. 50^o  E. 90 poles cossing the draft to a white oak & Black oak & N. 40^o E. 250 poles to the beginning.  Together with all and singular appurtenances there unto, belonging or in any wise appertaining to have & to hold the said tract of Land with its appurtenances unto the said James Todd, his heirs and assigns to the only proper use and behoof of him the said James Todd, his heirs and assigns forever.   And the said Walter Davies Sen’r, Martha Davies, Jane Davies, Ann Davies, Polly Davies, Walter Davies Junior & James Davies by Walter Davies his Guardian for themselves respectively and for their several heirs, Ex’rs & Adm’s do covenant with the said James Todd, his heirs and assigns, that they the said Walter Davies Sen’r, Martha Davies, Jane Davies, Polly Davies, Ann Davies, Walter Davies Jun’r & James Davies by Walter Davies his Guardian their several heirs. Ex’rs & Adm’s the said tract of Land with its appurtenances unto the said James Todd his heirs and assigns against the claim of them their several heirs and of all & every person or person whatsoever shall and will forever warrant to defend.  In Witness whereof they have unto set their hands & affixed their seals the Day & year first above written.

                                                                        Walter Davies

                                                                        Rebekah Davies

                                                                        Marth  (her mark) Davies

                                                                        Jane R. Davies

                                                                        Anna Davies

                                                            Mary S. Davies

                                                            W. Davies Jr.

                                                            James Davies

                                                              By Walter Davies

                                                                        His Guardian          

Rockingham County, Sct.

  We Henry Welsh & Richard P. Fletcher Justices of the peace in the County aforesaid in the State of Virginia do hereby certify that Walter Davies Sen’r & Rebecca his wife, Martha Davies Widow of James Davies dec’d, Jane Davies,  Anna Davies, Polly Davies, Walter Davies Jun’r the said Walter Davies Sen’r acting likewise as Guardian for James Davies, an infant son of the said James Davies dec’d, parties to a Deed bearing date the 9^th Day of August 1822, personally appeared before us in our County aforesaid and acknowledged the same to be their Act & Deed and desired us to certify their acknowledgement to the Clerk of the County Court of Augusta in order that the said deed may be recorded. We likewise certify that the said Rebecca Davies wife of W. Davies Sen’r being examined by us privily and apart from her husband & having the Deed aforesaid fully explained to her she, the s’d Rebecca, acknowledged that she had willingly signed, sealed & Delivered the same & that she wished not to retract it. Given under our hands & seals the 17^th day of August 1822.

                                                                        Henry Welsh

                                                2^nd                   R. P. Fletcher

Augusta County August Court 1822

  This deed from Walter Davies Sen’r and Rebecca his wife, Martha Davies widow of James Davies dec’d, Jane Davies, Ann Davies, Polly Davies, Walter Davies Jun’r, and said Walter Davies Sen’r Guardian of James Davies Infant  ~ to James Todd and presented in Court and having been duly acknowledged before two Justices of the peace for the County of Rockingham and certified here, the same is ordered to be recorded together with the certificate thereon endorsed.

                                                                        Teste

                                                                           Erasmus Stribling   cc.

The 2^nd sentence in the deed piqued my interest:

  “In pursuance of a decree of the worshipful Court of Augusta in Chancery at the August Term 1820 ~ In a Suit then depending between James Todd of the said County of Augusta of the one part & Walter Davies Sen’r, Martha Davies widow of James Davies dec’d, Jane Davies, Ann Davies, Polly Davies, Walter Davies Jun’r. & Walter Davies Sen’r as Guardian of James Davies infant of the County of Rockingham of the other part, all of the State of Virginia.”

What happened in 1820? And what was the problem? As quick as I could, I found myself online at the Library of Virginia website. The Library has digitized images of the Augusta County Chancery Causes. I searched for a ‘Todd vs Davies’ suit but didn’t find it.

The Library of Virginia’s microfilm holdings include a sizeable collection for Augusta County. Records of Chancery Suits are among the films. I asked my reference librarian for help. Via interlibrary loan, my library requested 3 microfilms containing Records of Chancery Suits (1820-1821) for me. Two of the films have already arrived and I’ve examined them but once again haven’t found the chancery suit I seek. Perhaps the 3^rd microfilm will answer my questions.

Even if I don’t locate James’ chancery suit, I learned about a wonderful new resource. The images provided on the Library of VA website contain loose papers from the court files while the microfilms consist of bound books prepared by a court clerk. I took note of several suits while viewing the microfilm and later searched the LVA Chancery records and found no images for those causes. The clerk’s account looks to be as informative as the LVA’s images.

Does this mean some of Augusta County’s original chancery records didn’t survive to be digitized? Augusta County researchers, are there still chancery records in Augusta County that were not digitized by the LVA?

Rethink:

Not only did I get the recorded deed when James Todd Jr. acquired the 104 acres but also learned how his granddaughter fought to get her share of the Todd lands many years later. I’ll talk about that in a future post.

In the meantime, I’ll keep trying to find the 1822 chancery suit ‘Todd vs Davies’.

Virginia Landscape, 1830’s

Joshua H. Shaw

Courtesy of Wikimedia Commons