Col Thomas Roane, SR Last Will & Testament
Col Thomas Roane, SR Last Will & Testament
Col Thomas Roane, SR Last Will & Testament
Source: The William and Mary Quarterly, Vol. 18, No. 4 (Apr., 1910), pp. 258-278
Published by: Omohundro Institute of Early American History and Culture
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258 WILLIAM AND MARY QUARTERLY
my own blood, and from what I knew of them, somewhat mixed in
their characteristics. They have been within my range of observation,
pretty thorough-going men, whether their leaning was to business or
pleasure; and I have seen a good many instances of these extremes.
They were almost universally high spirited, high tempered, quick to
take and resent offense, but placable, except when their personal dignity
was invaded or even threatened; when, though not relentless, they
were unforgiving.
They have not generally been obtrusive of their opinions, though
tenacious of them, and have been too independent and outspoken to
make politicians, though they have generally possessed that manliness
of bearing and that geniality of manner which have given them the
sort of popularity which is based on respect and good will. They have
always relished rural pursuits; and my father (who went to Mississippi
by the advice of Judge Ruffin, very early in the present century, and
landed at Fort Adams with his forty dollars and two shirts in his
saddle bags), is the only one of the name I have ever heard of, who
had made a fortune by trade. He got out of it as soon as he could,
and went to planting cotton and raising horses and cattle in Wilkinson
county. Further than this I do not know that they have peculiarities
which separate them very widely from their fellow citizens.
ROANE FAMILY.
(Continued from page 200.)
ERRATA: In line 20 from top of page i96 "Sarah Uptshur" should
be Sarah Upshaw. In lines 3 and 2 from bottom of page i98 "Samuel
F. Harwood Roane" should be Samuel F. Harwood. In line 5 from
top of page I99 "3 William Roane married Judith C. Ball" should be
"3 William Roane married Judith (?) Ball."
NOTES ON THE ROANE PEDIGREE OF SAMUEL F. HARWOOD,
pages I99, 200.
I.
Thomas Roane was a member of the Essex County Com-
mittee, in I774, and in I777 the governor commissioned him
as county lieutenant; William Roane as Colonel; William
Smith as lieutenant-colonel, and John Beale as major of the
Essex militia. He removed to the parish of St. Stephens,
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WILLIAM AND MARY QUARTERLY 259
King and Queen county, and in I787 was assessed for 3,417
acres. He died in 1799 at "Newington" his residence on the
Mattaponi, and his will was proved in King and Queen County
Court, April 8, 1799, and afterwards recorded in Essex
county,
March i8, 1839. The following is a copy:
WILL OF COL. THOMAS ROANE.
In the name of God Amen I, Thomas Roane *of the Parish of St.
Stephens & County of King & Queen do make this my last will &
testament. Imprimis I lend to my beloved wife for & during her
natural life, she committing no wilful waste thereupon all my lands
in the Parish of St. Stephens and County aforesaid viz. my tract called
Newington, my tract called the Neck quarter, the tract I purchased
of Richard Rowe and which was conveyed to me by Col. Brooke's
executors, the slipe of land I purchased from Mr. Richard Brooke for
which I paid him fifty pounds but have not yet received a deed,
the
slipe of land I purchased of Anderson Lipscomb, the piece I purchased
of Robert Pynes and the small piece purchased of Benjamin Pynes.
Item I lend unto my beloved wife for and during her natural life
forty slaves proportioned in value to the whole of the slaves now in
my possession in sex, age and quality and it is my meaning that these
slaves shall be of same value with reference to the value of all my
slaves as the said number of forty bears to the whole number of my
slaves as aforesaid, and it is further my meaning that those slaves
shall be allotted her out of those living on the lands lent her as above
and that Billy the blacksmith shall be one of the number. Item
I
lend unto my beloved wife during her life, the stocks of all kinds,
which shall be on the plantations lent her as above called Newington,
and the Neck quarter at the time of my decease as also the whole of
my household and kitchen furniture and the plantation implements
and utensils which may be on the said plantation at the time afore-
said provided that my said wife shall furnish each of unmarried
chil-
dren as they shall marry or come of age respectively such a proportion
of household furniture as the other children have been supplied
with.
I also devise that the sums necessary to be expended in furnishing
the
repairs of the buildings be paid for out of my estate and that my
said wife shall be entitled to all the provisions and liquors which may
be in the house at the time of my decease.
Item. I give devise and bequeath unto my daughter Sarah Camp-
bell for and during her life the tract of land whereon she now lives
including the buildings and as much niore of my land adjoining to be
laid off in a convenient manner as well as will make up the quantity
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260 WILLIAM AND MARY QUARTERLY
of seven hundred acres. I also give unto my said daughter during the
term aforesaid the following negroes to wit. James, Jery Bland, Win-
ney, Lydia and Suckey being the residue of the negroes formerly by
me lent to her husband Hugh Campbell in his lifetime (he having
with my leave sold two of them named Pitt and Jenny and another
named Dixon having died) together with the increase of said negroes
since the time of the loan aforesaid and there future increase. I also
give unto my said daughter during the term aforesaid the stocks I
have already delivered to her in lieu of a sum deficient in the value of
a tract of land formerly given to her said husband, the whole of the
said lands negroes & stocks to be equally divided among all the chil-
dren she may leave & the descendants of such as may be dead suc-
ceeding to the shares of their respective ancestors immediately on the
decease of my said daughter.
Item. I give and bequeath unto my daughter Margaret Garnett until
the period when her youngest son Thomas Harwood shall or in the
event of his death before would have arrived at the age of twenty one
years, one half of the profits of the tract of land I formerly lent my
said daughter and whereon she has erected buildings. I also lend unto
my said daughter during her life the negro wench Amey now in her
possession together with her two children and their future increase.
Item. I give and devise the other moiety of the said tract of land
in equal proportions to her two sons Archibald and Thomas Harwood
and their heirs, but in case of the death of either of them under age
and without issue, then the whole to go to the survivor, as also shall
the moiety of the said tract and the negroes with their increase before
limited to their mother from and after the determination of her in-
terest therein respectively and if both her & her sons above named
shall be dead, under age and without issue, at the time of the deter-
mination of her interest in the said land and negroes respectively then
the whole of the said tract and the negroes with their increase shall
return to my estate and be equally divided among all my other children
and the descendants of such as may be dead, standing in the place of
their respective ancestors excepting my said daughter Garnett and her
descendants..
Item. I give and bequeath unto each of her said two sons Archi-
bald and Thomas Harwood a negro boy and girl of about their own
ages to go over together with their increase in case of the death of
either and both of them as before stated and specified in the manner
above limited. Item and whereas I have been bound heretofore as
security for Christopher Harwood in his lifetime, it is my will that if
my estate should ever be compelled to pay anything on that account
the sum or sums so paid shall be reimbursed to my said estate from
and out of the property above devised to my said daughter and her
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WILLIAM AND MARY QUARTERLY 26i
children in equal rate & proportion. Item before the negroes hereby
lent to my said daughter shall be delivered to her by my executors,
she or some person for her shall give bond with sufficient surety to
my said executors not to alien transfer or otherwise dispose of the
said negroes or any of them so as to impede or frustrate the effect of
the limitations thereof at the time they shall take effect by the deter-
mination of her interest therein. Item I do nominate and appoint my
sons Thomas & Samuel Roane and the survivor of them Trustees for
the said Archibald and Thomas Harwood to receive their legacies for
them and otherwise carry into effect the provisions of this will in
their behalf. Item I do give and confirm unto my son-in-law Sterl-
ing Ruffin (he having before had a dividend of land) the nine negroes
heretofore delivered to him and named as follows: viz: Peter Sam
Anthony Charles Violet Judy Sarah Young Sarah and Sally Pickles
together with their increase since the time of the said delivery and
their future increase, as also the stocks heretofore delivered to him.
Item I give and devise and bequeath unto my son-in-law Richard
Barnes and his heirs forever a tract of land in the County of Essex
whereon he now has a quarter to be conveniently laid off so as to
contain the quantity of five hundred acres-also the stocks already de-
livered to him as well as the negroes to wit: Isaac, Gilbert Robin
Amy Jany Judy Nancy Phill & Pegy together with their increase since
the said delivery and their future increase. Item. I give devise and
bequeath unto my two sons Thomas & Samuel Roane & their heirs
forever the forge tract of land including the tract lately purchased
from Robert Baylor to be held by them and their heirs in severalty
according to the line of division lately agreed as run by William Jones.
I do also give bequeath and confirm unto my said two sons respec-
tively the stocks and negroes heretofore delivered to them together
with the increase thereof since the said delivery and their future in-
crease the negroes delivered to my son Thomas being named as fol-
lows, to wit: George Dick Billy Jany Kate Janet Easther Mary Robin
& their descendants-to my son Samuel being named George Nelson
Tom McGeorge Charles Nancy Tilloh Lydia and Sarah-and whereas
the purchase money for the tract of land bought from Baylor is still
due it is my will and desire that after the payment of my debts and
pecuniary legacies the residue of what money may remain on hand
either as having been in my possession at the time of my decease,
having been collected from my debtors, or what may be conveniently
spared from the proceeds of my crops shall be applied in payment of
the debt aforesaid, but any deficiency which may exist after the ap-
plication of the above funds shall be paid in equal proportions by my
said two sons Thomas and Samuel Roane. Item I give and devise
and bequeath unto my two sons Thomas and Samuel Roane, and to
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262 WILLIAM AND MARY QUARTERLY
the survivor of them in trust for the use & benefit of my daughter
Patsy Hipkins Ritchie and her children for and during her life the
tract of land now in possession of her husband Archibald Richie by
delivery from me called Smiths, the seven negroes now also in his
possession by delivery as aforesaid named Charles Godfrey Hancock
Aggy Hannah Patience and Venus and two others such as will make
the dividend equal in value to those given to my other daughters to-
gether with the increase of the said negroes since the said delivery
and their future increase as also as many of the stock now in the
said Archibald Richie's possession by delivery from me as aforesaid
as will make her proportion equal to that given to Richard Barnes and
the said land slaves and stocks in trust from and after her decease to
be divided in equal proportions among all the children my said
daughter may leave and the descendants of such as may be dead they
representing their respective ancestors, and if at the time of her death
all of the children of my said daughter should be dead under age and
without issue then all the above property bequeathed in this clause to
return unto my estate and be divided equally among my children and
the descendants of such as may be dead representing as aforesaid ex-
cept my daughter Garnett and her descendants. Item I give devise
and bequeath unto my two daughters Lucy & Catherine Roane and
their severally and respectively as much of my land to be conveniently
laid off from my lands not herein particularly devised as if of the
value of Five Hundred pounds for each to be estimated according
to the same ratio of value as has governed in the valuation of the lands
heretofore given to my other daughters-and I also give and bequeath
unto each of my said daughters a proportion of negroes and stocks
such as shall be equal in number and value to the proportions respec-
tively heretofore given to my other daughters. Item I give devise
and bequeath unto my son John Roane and his heirs from and after
the decease of his mother all the land hereby devised to her for her
life but in case his said mother shall be living when he comes of age
and it should be the mutual desire of them both my will is that he
then take possession of the plantation before mentioned called the Neck
quarter. Item. My will is that my son John shall receive after my
decease a proportion of the negroes and stocks equal in number &
value to each of those his brothers Thomas & Samuel have respectively
received. Item it is my will and desire that what negroes, stocks and
plantation utensils may remain after the proportions above devised
to my beloved wife and children are first allotted and set shall be
equally divided among all my children and the descendants of such
of them as may be dead representing their respective ancestors ex-
cepting my daughter Garnett and her descendants and provided also
that the share of my daughter Ritchie shall go
in trust to the same
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WILLIAM AND MARY QUARTERLY 263
persons be limited in the same manner and to the same uses as the
other property hereinbefore devised to her-and it is further my will
and desire that after the death of my beloved wife all the property
which may remain in her possession as at that time except the land
shall go in the same manner and under the same exceptions and limi-
tations as before mentioned in this clause. Item It is my will and
desire that the residue of my lands in the Counties of Essex & Caro-
line after the several dispositions hereinbefore made are allotted and
set apart and my lots in the Town of Port Royal and Dunkirk shall
be equally allotted and proportioned among all my daughters and the
descendants of such of them as may be dead standing in their places
respectively excepting my daughters Campbell & Garnett and their
descendants and provided that that proportion which may fall to my
daughter Ritchie shall be limited to the same persons in trust for the
same uses as the land and property hereinbefore devised to the use of
her and her children. Item. It is my will that all the dispositions of
lands herein before made requiring a division and allotment be allotted
and set apart by my executors or in the event of their declining to do
it or its being disagreeable to the devisees thereof by such persons as
may be appointed by said executors and such of the said devisees as
may be of age or their husbands on their behalf-and whereas it may
be better that the whole of land intended for my daughter Ritchie
should be in one entire tract it is recommended to my executors So
substitute for the land now in her husbands possession called Smiths
and devised by this will, other land of the same value which may be
convenient to be annexed to her proportion of the residuary land in
which case the land so to be substituted shall enure to all intents and
purposes as the other is intended to do by this will and that other
shall in that event be considered as a part of the residyary land. Item
it is my will that of the titles of any of the lands herein before devised
or heretofore conveyed to any of my children or their husbands shall
prove defective so as that they may be deprived of the whole or any
part thereof the loss accruing by such eviction shall be made good
to them respectively out of my estate, if before a distribution thereof
and if after then each child (excepting my daughter Garnett & her
children) and their respective representatives shall contribute to her
or them or theiir representatives so losing a proportion of the value
so lost according to- the proportions they may severally have received
of my estate. Item my will is that my Blacksmith's Tools shall go
to my beloved wife together with the Blacksmith and fall into my
estate after her decease and go as the other personal estate lent to
her. Item My will is that my daughter Campbell shall have the abso-
lute property of the stocks herein bequeathed to her not withstanding
any thing in this will before contained to the contrary. Item. I do
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264 WILLIAM AND MARY QUARTERLY
hereby nominate and appoint my two sons Thomas and Samuel Roane
executors of this my last will hereby revoking all others by me here-
tofore made and I do bequeath to each of my said sons a likely young
negro man or woman at his election in consideration of the duties
hereby imposed and in lieu of commissions and in that event of either
of my said sons refusing to act, the other shall be entitled to the negro
intended for him.-In testimony whereof I have hereunto signed my
name and affixed my seal this twenty seventh of January one thousand
seven hundred and ninety nine.
THOMAS ROANE [Seal].
Signed sealed published and declared by the Testator as and for his
last will in presence of us the subscribers who have signed our names
thereto in his presence and at his request he being of sound and dis-
posihg memory and understanding.
JOHN ROANE
SPENCER ROANE
ROBERT POLLARD
JOH N MEALY
THOMAS BROOKE
Probated in King & Queen Cou'nty Apl. 8 I799
Record in Essex i8 Mar I839
ROBERT POLLARD, C. C.
This will names a son John not mentioned by Mr. Har-
wood. It also shows that his daughter Patsy Hipkins mar-
ried her cousin, Col. Archibald Ritchie, brother of Thomas
Ritchie, editor of the Richmtoitd Eniquircr.
III.
William Roane, son of William Roane and Sarah Upshaw,
was a burgess for Essex in
1769, 1770, 1772, 1774,
and
quali-
fied as King's deputy-attorney in
1768. He was a
member,
with his brother, of the Essex County Committee in
1774,
and
was Colonel of the Militia of Essex in
I777.
He married
twice: (I) Miss Ball; (2) Anne , who survived him
and afterwards married 2dly Frederick William Hearne. A
case in one of the Law Reports show that Frederick William
Hearne and Anne,
his
wife,
sued Thomas
Roane, John Roane,
James Upshaw and William Latane,
executors of William
Roane, defendants. The
plaintiff
Anne is stated to be the
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