Wills and Administrations of Elizabeth City County, Virginia, and Other Genealogical and Historical Items, 1610-1800

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An index of wills and estates for Elizabeth County, Virginia, "abstracted and compiled" by Blanche Admas Chapman, in 1941. Included are the wills of the Wythe family men: Thomas Wythe, Sr., George Wythe's great-grandfather (will dated 1693); George Wythe's grandfather (will also dated 1693); Thomas Wythe, George Wythe's father (will dated 1728); and Thomas Wythe, George Wythe's brother (1754).[1] See Tylers article from 1893, "Ancestry of George Wythe, LL.D.," for more on the Wythe family lineage.

Excerpts, 1941

Page 99

BANISTER, Joseph: (badly torn) Leg. - daughter Affiah Shepherd; grandson Banister Minson; daughter Sarah Needhan; granddaughter Mary Cooper, with reversion of the bequest to Anne, daughter of William Carter; to Whiting Minson the daughter of Banister Minson; to Mary the daughter of William Carter; to Joseph Needham; to Joseph and John Cooper; mourning rings to Francis Parker, Joannah Carter, Mary Parker and Susanna Skinner; my clothes to Banister Minson, William Carter and Samuel Watts. Refers to lawsuit with the Adms. of Blomfield's estate and specifies that certain negroes are not to be delivered to Col. Selden until he paid for them.
Exs., my two daughters, following the advice of Mr. George Wythe. D. October 29, 1760 R. February 3, 1761.
Wit. Thomas Latimer, William Bean.

Page 100

Affiah Shepherd qualified, security-Samuel Watts and Banister Minson.
Book 1758-64, p. 191 Original Will.
Account of the estate of Joseph Banister presented by Apphis Tompkins. Mrs. Tompkins is to furnish rings to Francis Parker, Joannah Carter, Mary Parker and Susanna Skinner persuant to the will of Mr. Banister. Mrs. Needham agrees to pay one-half the charges.
Examined by George Walker, Jr., James Wallace, Joseph Selden and Thomas Latimer. R. August 7, 1764
Book 1763-71, p. 12
Estate appraised by Joseph Selden, James Naylor and Hursley Carter. April 7, 1761.
Book 1758-64, p. 200

Page 149

HOLLIER, Simon, Jr. By will appointed Simon Hollier; Ex. Appraisors appointed, Mr. Lowry, Mr. Parsons, Mr. Smolt and Mr. Mallory. April 16, 1735
Mary Hollier renounced her part of the estate. Will proved by Anthony Robinson and Thomas Tabb.
Order Book 1731-47, p. 92, 93 and 97
Appraisal of estate of Captain Simon Hollier, by William Parsons, Thomas Smith and William Mallory.
June 2. 1747
Book 1737-49, p. 247
Ordered the estate be settled by George Wythe, John Lowry, Williams Parsons, Jr. and William Parsons, Sr.
October 8, 1755
Order Book 1755-60, p. 27

Page 227

SWENY, Merritt: Leg.-son Roscow; daughter Priscilla Kirkpatrick; daughter Anne Moore; daughter Sarah Westwood; daughter Martha, my right to any part of the estate of Pascow Curle; daughter Mary; daughter Sarah Sweny; wife Jane, my mortgage on the land on which Mrs. Judith Bayley now lives. I desire that the money Mr, James Kirkpatrick paid Mr. Wm. Bowden in London for my son Roscow be repaid him out of my estate.
D. December 28, 1751 R. October 3, 1752
Wit. W. Westwood, George Johnson, Ann Johnson
Original Will
Account of estate unadministered by Jane Sweny, deed., by Augustine Moore, Administrator. Paid Cary Michell's account; paid decree against Walker and als.; negroes recovered of Augustine Moore by Walker and als., negroes recovered of Priscilla Kirkpatrick, deed. The following paid an equal

Page 228

share, Augustine Moore, Martha Sweny, Roscow Sweny and John Parsons.
Estate audited by George Wray, Will Smith and W. Wager. December 4, 1764.
Attached note: As Mr. Moore will produce all accounts necessary to a settlement and I have no objections to accounts, I hope you'll proceed for a settlement without my attendance as I cannot conveniently attend. I am, Gentlemen, George Walker Sr. April 29, 1765
Augustine Moore, Administrator of Jane Sweny, decd., who was the Extx. and wife of Merrit Sweny against Goorge Walker, Sr., Ex., of Martha Sweny, deed.
Ordered that George Wray, W. Wager, William Smith and Henry King resettle the estates of Merrit Sweny and Jane Sweny May 7, 1765
Book 1763-71, p. 42
Ordered that the following settle the estate of Merritt Sweny: Charles Jenings George Wray, Jr., George Wythe and William Wager. August 4, 1756
Order Book 1755-60, p. 72
Probation granted Augustine Moore on tho estate unadministered by Jane Sweny decd. Security, George Walker. Sr., Roscow Sweny, John Parson and James Westwood. May 2, 1758
Order Book 1755-60, p. 178

Page 255

WYTHE, Thomas, Sr.: Leg.-grandson Thomas Wythe land which I bought of Mr. Sweny; son John Tomer; granddaughter Ann Wythe; son Thomas Wythe; to Elizabeth Russell and Elizabeth Savory, if they serve out their time; to Mr. Crook; to Ga---- Rouse; to my loving wife.
Exs., son Thomas and grandson Thomas Wythe. Overseers, Mr. Armiger Wade and John Tomer.
D. December 14, 1693 March 19, 1693/4
Wit. John Boan, Jr., John Cheryton, Francis Kuibreton (?)
Book 1689-1699, p. 165

WYTHE, Thomas: Leg.-son Thomas at sixteen; loving brother John Tomer; daughter Ann; Wife Ann after the decease of my Mother; Godson Francis Mallory; Godson John Tomer; Godson William Wilson. Wife Ann, Extx.
Overseers, Mr. Armiger Wade and Mr. John Tomer.
D. March 10, 1693/4 R. September 18, 1694
Wit. Robert Crooke, Hugh Rosse, John Allen.
Book 1689-1699, p. 163
Appraisers for the widow, Captain Anthony Armistead and William Armistead, for the orphans, Matthew Watts and Robert Crooke.
Order Book 1689-1699, p. 45
Probation granted Ann Wythe on the estate of Thomas Wythe, Jr. Armistead. September 18, 1694
Book 1689-1699, p. 155

WYTHE, Thomas: Leg.-wife Margaret my slaves except those which are hired to Robert Ballard of York County; son Thomas; son George; daughter Ann; (all children under 18); my nephew Matthew Ballard; brother James Wallace; mother Ann Wallace; debts due Cole Digges and Major Lightfoot to be paid.
D. November 3, 1728 R. October 15, 1729
Wit. John Tabb, Sarah Walker, Abraham George.
Book 1704-30, p. 188

WYTHE, Thomas: Leg.-the land I bought of George Picket and Frances to my brother George to repay the debt I owe him; slaves to be divided btween my wife and Fanny Sweny, my wife to have the use of Uphan Sweny's part during her natural life.
D. May 2, 1754 R. January 7, 1755
George Wythe, Esq., brother and heir-at-law to said Thomas Wythe, qualified, security Jacob Walker.
Original Will.

See Also


  1. Blanche Adams Chapman, Wills and Administrations of Elizabeth City County, Virginia, and Other Genealogical and Historical Items, 1610-1800, [Smithfield, VA: 1941], 99, 100, 149, 227, 228, 255.