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Re: Thomas Garmett Sr. of Essex Co Va
Posted by: Bryce J. Vernon (ID *****9306) Date: July 02, 2012 at 21:49:03
In Reply to: Re: Thomas Garmett Sr. of Essex Co Va by ollie clarke of 850

Hi Ollie,

This is the generation that you are asking about - not all the children are listed but I believe that others are found in an appendix. I will send you the appendix in a later e-mail.

This should keep you busy for awhile.


3rd Generation - Children of Thomas² and Elizabeth (Muscoe) Garnett
Anthony³ Garnett (Thomas², John¹) – 1st known child of Thomas² and Elizabeth (Muscoe) Garnett
Born: between 1705 and 1709, St. Anne Parish, Essex County, Virginia
Married: (1) between 20 October 1730 and 20 August 1733, Essex County, Virginia, Elizabeth, daughter of Robert and Elizabeth (Brereton) Jones and widow of John Boulware; (2) ca 1759, Culpeper County, Virginia, Amy Fogg
Died: 18 July 1803, Culpeper County, Virginia
My guess is that there were probably two male births prior to Anthony’s where the names John and Thomas were used and they died within a few years after Anthony’s birth. I also assume that in the gap between Anthony’s birth and the next child that lived to adulthood’s other children were born and died young. Anthony3 oldest brother is named John3 (ca 1715) and his youngest brother is named Thomas3 (ca 1727).
Anthony’s first wife Elizabeth was born between 1712 and 1715 and died probably soon after October 1758 when she signed a deed. Anthony3 and Elizabeth, widow of John Boulware (ca 1688 – ca 1722 - sometimes in legal documents written Bowler) were married prior to 20 August 1733. On this date she signed a "Release of Dower Rights of Elizabeth, wife of Anthony3 Garnett and widow of John Bowler to Sussannah Bowler, sister of her first husband John - Witnessed by Salvator Muscoe, Jr. and Anthony Garnett. (See Essex County Deed Book #20, page 15.) The Anthony that witnesses this document could be her husband Anthony3 (Thomas2, John1) or his first cousin Anthony3 (John2, John1).
Elizabeth was one of two daughters and co-heiresses of her father's, Robert Jones’, Burgess of Essex County, estate. Robert's parents were Captain William and Margaret (Pinckard) Jones also of Essex County. (See Essex County Order Book #9, page 128, dated 3 September 1735) Petition of Anthony3 Garnett and Elizabeth, his wife, one of the daughters of Robert Jones, deceased, to divide his lands between Elizabeth and her sister Sarah and set off the Widow's Dower. Sarah Jones married John Elliott about 1742.
Elizabeth's father Robert Jones was Undersheriff of Essex County in 1707 and in 1710; he bought 737 acres in Essex County adjoining land of Salvatore Muscoe Jr. (See Essex County Book Deeds and Wills #15, page 70.). On 2 May 1713 he was granted 274 acres in Essex County by Lieut. Governor Sir Alexander Spotswood. On 17 March 1723 Robert Jones bought 400 acres adjoining land of William Jones (probably his father), Cornelius Sale and Robert Brooke on a branch of Little Occupacia Creek.
In the 9 May 1723 session of the Virginia House of Burgesses, Robert Jones and William Dangerfield (Daingerfield) represented Essex County. These two men again represented Essex County for the 12 May 1726 session but by the 1 February 1727 session only Wm. Dangerfield was recorded as representing Essex. Robert Jones date of death is prior to 20 October 1730 when Elizabeth Jones relict (widow) of Robert Jones, deceased, with John Edmondson, James Jones and John Rouzie as her securities, was appointed administrix of the Estate of Robert Jones deceased. The bond was for four thousand (4,000) pounds current money.
An inventory of Robert Jones' estate was returned to the Court on 14 November 1730 that showed twenty-one Negroes, eight horses, seventeen cattle, thirty-seven sheep and hogs, farming tools, household goods, books of divinity, three pocket books, parcel of law books, etc. (See Essex County Will Book #4, page 404 through 407.)
Anthony3 after working as a surveyor for a time in Essex County, started to establish his presence in Orange (now Culpeper) County in deeds dated July 1736 Anthony3 Garnett describes himself as of St. Mark's Parish, Orange (now Culpeper) County and the son of Thomas2 Garnett. In the first deed, Anthony2 Garnett and his wife Elizabeth (daughter of Robert Jones) convey lands inherited from Robert Jones to Anthony3's probable first cousin James3 Garnett (John2, John1). This deed is dated 19 July 1736. A second deed signed on the following day released land in the Parish of St. Ann, Essex County, again to James3 Garnett (Deed Book Number 21, pages 215-217, Essex County). Some Garnett genealogists attribute the land transfer to be between Anthony3 and his brother James3 but I believe the brother James3 would not be twenty-one years old at the time of this transfer and therefore it is probably cousin James3, son of Anthony3's uncle John2 Garnett Jr.
20 December 1741, Anthony3 leased 150 acres from the executors of the Spottswood 45,000 acre grant in Orange County. Culpeper County was formed from Orange County in 1749. This property was in St. Marks Parish on the north side of the Rapidan River and was leased for the natural lives of his sons Robert4 and Thomas4 with a payment of 800 pounds of tobacco annually – first payment 25 December 1743. (See Orange County Deed Book #5, page 57.) The Rapidan River is the boundary between Orange County on the south side and Culpeper County to the north.
Anthony3's father Thomas2 died probably in 1743 with his will probated 20 December 1743 by oaths of James3 Garnett (John2, John1) and Thomas’2 wife Elizabeth (Muscoe) Garnett, Executrix. I am not sure why Anthony3 was not part of this process – either witnessing Thomas’2 will or being one of the executors and there was no mention of Anthony3 in the will. Anthony3 was over twenty-one years old when his father wrote his will in 1733 and therefore qualified to be involved. The wording of the will indicated that Thomas2 was concerned that his younger children would be taken care of by Elizabeth on the 150-acre plantation he had received from his father John1 Sr. My assumption would be that Thomas2’ health in 1733 was not the best and probably made at this time an agreement with Anthony3 that he would receive the plantation upon the death of Elizabeth (Muscoe) Garnett. It should be remembered that under English law, the eldest son inherited all of the real estate immediately on the death of the father, unless the father specified otherwise in a will. The will of Thomas2 Garnett states that the widow was to have the use of all the estate including real estate during her life, for the support of the children named. After the widow's death, the mentioned small children should divide the estate and other property equally - other than the 150-acre plantation that was his father’s portion of the 600 acres purchased by John1 Garnett Sr. that was assigned to Anthony3.
In June 1747 John3 Garnett (John2, John1) of Essex County transferred the following property in Essex County to his first cousin Anthony3 Garnett (Thomas2, John1) of Orange (now Culpeper) County for 30 pounds - 30 acres on South side of road plus all interest in 100 acres now in possession of Anthony3 Garnett which formerly belonged to Anthony2 Garnett (John1), deceased, uncle of said Anthony3 and John3. This by will of John2 Garnett, Jr. (John1), late of Gloucester County deceased. The grant was signed - John3 Garnett (John2, John1) and witnessed by William Duling, Stephen Chenault, Jr. and John Coffee. (See - Colonial Abstracts, Vol. 27, King and Queen County, Virginia.)
Orange County Tithables List for 1749 shows "Captain Garnett, Junior" in James Mitchell's Precinct. In a deed in 1751 Anthony3 is referred to as Captain Anthony3 Garnett and I am assuming that sometime in 1749 or earlier Anthony3 was appointed a Captain in the militia possibly for the French and Indian Wars. Anthony3’s first cousin Anthony3 (John2, John1) was also identified as Anthony Garnett, Junior. It is assumed that the term was applied to both these Anthony’s in deference to their deceased uncle Anthony2 (John1).
The first official document that identifies Anthony3 living in Culpeper County occurred on 24 April 1750 when Anthony3 Garnett and Elizabeth his wife, of St. Marks Parish, Culpeper County, sold to William Dobson of Essex County, 400 acres in St. Ann Parish, Essex County, “… adjacent to Wm. Beverly, John Garnett, orphans of Thomas Jones, and the Faulconer (Falconer) property”. (See Essex County Deed Book #25, page 34.) This was land Elizabeth inherited from her father Robert Jones. Over the next few years Anthony and Elizabeth sold a number of parcels of land from Robert Jones' estate.
The above description of the owners of the land that inscribed the 400 acres sold to William Dobson is a story of the relationships of the Garnett's with generally all the prominent families in St. Ann's Parish. William Beverly was neighbor and close friend of Salvadore Muscoe Jr. Salvadore's sister Elizabeth married Thomas2 Garnett, Anthony's father. John3 Garnett (John2, John1) is a first cousin of Anthony3. The widow of Thomas Jones was Mary (Rouzie) Jones whose second husband was Capt. James3 Garnett (John2, John1), first cousin of Anthony3. Jane Falconer probably from the family mentioned in the deed married Achilles4 Garnett (John3, John2, John1), another cousin of Anthony3.
In November 1751 and May 1752 Anthony3 is named as one of the appraisers for estates in Culpeper County. In a deed dated 21 August 1752 from John Spotswood, son and heir of Alexander Spotswood, to one William Williams of Culpeper County for 282.10 pounds for 226 acres in St. Mark’s Parish described as “… on the Rapidan River corner to Capt. Anthony3 Garnett … corner to Garnett and Christopher Petty … on the Robinson River … to the forks of the Rapidan River’. Anthony and Elizabeth’s last child Reuben was born 27 July 1753.
On 27 October 1758 Anthony3 Garnett and Elizabeth, his wife, of Culpeper County, Virginia, deeded to Richard Noell, of Essex County, Virginia, two tracts, one of which - 150 acres descended to Anthony3 as ‘heir at law’ to his father Thomas2 Garnett who had inherited it from his father John1 Sr.. Thomas2 and Elizabeth (Muscoe) Garnett had lived on this property and it was here that Thomas2 died and where Elizabeth continued to live until her death in 1758. Thomas2 gave the property to Anthony3 prior to the writing of his will in 1733 probably with the stipulation that they he and Elizabeth with ‘small children’ could live there until Elizabeth’s death. The second tract for 30 acres Anthony3 purchased from his first cousin, John3 Garnett (John2, John1) of Essex County in June 1747. Both these tracts adjoined the lands of William Taylor, John1 Garnett, Sr. (Note: Obviously John1 Sr. is deceased at this time but his name describes the ‘line’ of property that he originally owned.) and William Dobson. (See Essex County Deed Book #28, page 115.) Richard Noell was Anthony's brother-in-law married to his sister Mary3. This deed is the last mention of Anthony’s wife Elizabeth and I assume she died within a relative short time of the signing.
Anthony3 married his second wife Amy after 1759. I have not been able to identify Amy Fogg in any of the genealogical databases on the internet. An interesting conjecture would be that the name was not Amy but Anna Fogg. Anna’s husband Cornelius Noell had died before 16 June 1766 probably the probate date of his will. Anna’s brother James Fogg married Anthony3 Garnett’s sister Sarah3 and a sister Mary married Anthony’s brother John3.
From Philip Slaughter's book "St. Marks Parish" we find that Anthony3 Garnett was a lay reader, made vestryman on 1 December 1758 and, from 1759 until his death, Senior Warden and lay reader of St. Marks Episcopal Church. He lived at Horse Shoe and when there was no minister of the parish, was in the habit of burying the dead with church services. (Dr. Slaughter’s book, ‘St. Mark Parish’ –, page 135) and (Genealogical and Historical Notes on Culpeper County, Virginia –
Virginia Court Records, Culpeper County, 20 August 1763 - a suit is brought against Anthony3 Garnett by John Saysons who accuses Anthony3 of trespass, assault and battery. The outcome or cause of this suit is unknown.
On 13 April 1767 Anthony3 bought 212 acres on the Robinson River from the Spotswood estate described as: “…corner to Samuel Dogan … corner to William Williams … on the Rapidan River … corner to James Waggener … corner to Dogan … Berd. Moore, Edmd. Pendlton, Roger Dixon, Atho. Garnett”. (Culpeper Deed Book E, page 262.) This was the "Horseshoe Farm", so called because it lay in the horseshoe bend formed by the junctions of Crooked Run, the Robinson, and the Rapidan Rivers. James Waggener was James H. Waggener who was the son of Herbert B. Waggener that supposedly married (I believe they did not marry) Anthony’s ‘unnamed’ aunt – identified in Waggener genealogy as Elizabeth (Garnett) Waggener, daughter of John1 Garnett Sr. James H. Waggener had three sons - James, Thomas and John that married daughters of Anthony3's son Robert4 (Robin). A fourth son of James H. Waggener, Herbert G. Waggener, married Elizabeth5 Nancy Willis, daughter of William and Elizabeth4 (Garnett) Willis – Elizabeth4 Garnett was Anthony’s daughter. Both the Willis and Waggener families will be discussed in Appendix J.
This property is to the south west of the 150 acres that Anthony3 leased in 1741. From the map on page ?? you can see the ‘horseshoe’ formed from the Robinson River as it connects to the Rapidan River. The Horseshoe Road ventures part way into this property and connects to Locust Dale Road. The property is approximately one mile west of the town of Rapidan sometimes called Rapidan Station.
On 18 November 1771 Anthony3 again bought from the Spotswood executors 700 acres: “… corner to James Gaines, Sutton's line, Cedar Run Mountain, Hudson's line, and Garnett's old lot line”. (Culpeper County Deed Book F, page 361.) This was the beginning of "Quiet Shade" property. By this time Anthony had acquired over 1,000 acres - the large plantation known as "Quiet Shade", the “Horseshoe Farm” and the 150 acres leased in 1741.
In February 1774 Anthony3 Garnett Jr. was commissioned a Captain of Foot in Orange County. He had probably been given an honoree commission as Captain in the Virginia Militia to supervise the ‘Classes of Culpeper County for Recruiting the States Quotas of Troops’ to serve the Continental Army. This Act passed by the Virginia General Assembly specified that these list contain only name of men under 50 years of age.
A number of Garnett's from Culpeper County served in the Revolution:
List #2 - Reubin Garnett
List #3 – John4 (Anthony3’s son) and William5 Garnett (Robert4, Anthony3, Thomas2, John1).
List #7 – Anthony5 Garnett (Robert4, Anthony3, Thomas2, John1) - possibly a private in Captain Gabriel Long's Company of Daniel Morgan's 11th
Regiment of Riflemen, one of the crack regiment of the Continental Army.
On the same list is also found Robert4 (Anthony3’s son) and Thomas Garnett.
List #22 - Reuben Garnett (drafted)
From the 1782 Personal Property Tax List of Culpeper County: Anthony3 is listed with 1 white tythable; 9 slaves named: Bob, Doll, Col, Jun, London, Defoe, Frank, Dani and Phebe; 3 horses; 13 cattle and paid taxes of 5 pounds, 9 shillings and 3 pence.
On 27 July 1784 in a rather lengthy deed, Anthony3 Garnett is mentioned among a group of Vestrymen for St. Mark’s Parish in Culpeper County who were selling a plot of land called the ‘Glebe Land’ to one William Bradley. The term ‘glebe’ refers to property that was provided as compensation to the rector of a parish – see page 35? for more information regarding the ‘glebe house’ in St. Anne’s Parish, Essex County.
From the 1786 Personal Property Tax List of Culpeper County: Anthony3 is listed with 1 white over 21; 5 slaves over 16 years old, 2 slaves under 16; 5 horses; 12 cattle; 6 number of heads tythable and paid taxes of 4 pounds and 13 shillings.
On 30 January 1789 Anthony3 and Amy sold 545 acres to his grandson Edmund5 Willis (Elizabeth4, Anthony3, Thomas2, John1), son of William and Elizabeth4 (Garnett) Willis and 182 acres to his grand-son-in-law Jeremiah Ingram, husband of Sarah Willis (Sarah Willis5, Elizabeth4, Anthony3, Thomas2, John1) (See Culpeper County Deed Book P, pages 61 and 63.)
From the 1789 Personal Property Tax List of Culpeper County: On May 12, Anthony3 is listed with 1 white over 21; 5 slaves over 16 years old, 2 slaves 12 to 16; 4 horses; 6 number of heads tythable and paid taxes of 3 pounds and 18 shillings.
On 13 January 1794 Anthony3 sold to his eldest son Robert4 Garnett ‘… 212 acres - the Horseshoe Farm, where I (Anthony) now live’, for 60 pounds. (See Culpeper Deed Book R, page 566.) On 12 February 1794 Anthony3 sold again to Robert4 500 acres and all of his personal property - including nine slaves in consideration of Robert4 taking upon himself payment of debts due Muscoe4 Garnett (James1, John2, John1) and Cunningham and Company, a western land speculation company and for services by son Robert4. (See Culpeper Deed Book R, page 565)
On 3 March 1794 Anthony3 sold to his son Reuben4 for 50 pounds the 273 remaining acres of the 700 acres that Anthony3 had purchased in 1771 from the Spotswood estate. (See Culpeper Deed Book V, page 334.) About this time he also sold 513 acres to neighbor John Willis. John Willis was either Anthony's grandson or the brother of his daughter Elizabeth4 (Garnett) Willis’ husband.
In 1804, soon after Anthony's death, son Reuben4 purchased the tracts that had been sold by his father to Edmund5 Willis and Jeremiah Ingram. Reuben4 now owned the whole 700 acres of "Quiet Shade" plantation plus 150 acres that he had bought from John and Catherine Waugh in 1793. The Works Progress Administration of Virginia Historical Inventory in 1937 identified a house on this property that supposedly built by Anthony3 in 1771. The house was probably built by son Reuben who had been living on the property prior to purchasing it in 1794. Ruben lived there the rest of his life and the estate passed to his daughter Tabitha. The estate reportedly stayed in the Garnett family until about 1949, with the house still in good shape.
Anthony3 died prior to the inventory of his estate 15 July 1803, which totaled £512.13.6 including ten Negroes. The story of Anthony3 and Elizabeth’s children starts on page 49?
* * * * *
Inventory of the Estate of Anthony Garnett
In obedience to an order of the worshipful Court of Culpeper County, bearing date June Court 1803, we the subscribers being first duly sworn before Philip Slaughter, Just. Did proceed to inventory and appraise the estate of Anthony Garnett dec’d agreeable to the said order and report. Given under our hand this 15th day of July 1803.
Rannon              £ 80.0.0
Jepo              £100.0.0
Phebe              £ 60.0.0
Lucy              £ 9.0.0
Cloe (old/infirm)       £ 00.0.0
Aaron              £ 60.0.0
Hannah              £ 40.0.0
Wesley              £ 30.0.0
Jacob              £ 25.0.0
Linday              £ 35.0.0
2 Horses              £ 20.0.0
9 Cattle              £ 13.5.0
13 Hogs              £ 8.16.0
6 Sheep               £ 1.16.0
2 Plows              £ 0.12.0
4 Hoes               £ 00.8.0
2 pr. Chains        £ 00.6.0
2 Axes              £ 00.9.0
1 pott & oven        £ 0.12.0
2 tables/7 chairs £ 1.10.6
2 feather beds        £ 24.0.0
Sundrys              £ 00.3.0
2 pr. Iron dogs       £ 1.0.0
2 Chests              £ 00.16.0
Ttl:        £ 512.13.6
At a court held for Culpeper Counth the 18th day of July 1803.
This Inventory of the Estate of Anthony Garnett deceased was returned into Court and Ordered to be Recorded.
Test. John Jameson, Clk.
* * * *
John3 Garnett (Thomas2, John1) - 2nd known child of Thomas2 and Elizabeth (Muscoe) Garnett
Born: ca 1715, St. Anne's Parish, Essex County, Virginia
Married: ca 1749, Essex County, Virginia, Mary, daughter of Nathaniel and Elizabeth (Dupuy) Fogg
Died: will date - 6 January 1772, Essex County, Virginia
John3's wife Mary was born about 1725 in St. Ann Parish, Essex County, Virginia and died probably a few years after John3’s death ca 1772. Mary (Fogg) Garnett’s father Nathaniel Fogg came to Essex County in the early 1700’s where he was a tavern keeper as well as planter. Nathaniel Fogg was a shrewd, energetic, tempestuous man, being in more that twenty law suits, accumulated by the time he wrote his will in 1750 with an estate from nothing to where he owned more than a thousand acres and many slaves. Salvator Muscoe, Jr. had been his friend and advisor and when Muscoe made his own will in 1741, Nathaniel signed as one of the witnesses.
Nathaniel Fogg will written 1750, probated 1753 names in his will two of his Garnett grandsons - Leonard4 and Nathaniel4. It is of interest to note that the bequest to Nathaniel4 was - 22 pounds current money that his father John3 Garnett owes me. This perhaps gives us the clue to one of the traits of John3 Garnett – he seemed always to be putting off until tomorrow the obligation he needed to settle today. Another example from the Essex County court records show that John3 had to be pushed to settle his father’s (Thomas2 Garnett) estate following the death of his mother. In 1758 he signed an administrator’s bond backed by and signed by his brothers-in-laws Richard Noel husband of John3’s sister Mary3 and Mark Andrews husband of sister Avey3. An appraisal of Thomas2 Garnett’s estate was not presented to the court to be recorded until 1761, following, which no settlement had been made by 1764. In that year, Richard Noel and Mark Andrews, worried since they had signed as security for John3 Garnett, had to appeal to the Essex court.
John3 Garnett of Saint Anne’s Parish, Essex County was a gentleman justice. The following is quoted from ‘Legends of Virginia Court Houses’ by John A. Gwathmey, p. 43:
That the magistrates and others who received fees for drawing legal papers were jealous of their prerogatives is again illustrated when John Garnett, a magistrate, acknowledged receipt of a deed, which had been drawn up by the man who conveyed the property. Indeed the wording of the deed was very crude, but the magistrate acknowledged receipt of it and both papers are recorded in the clerk’s office. The acknowledgement is signed by John Garnett and is drawn in due legal form, except that after his first reference to the deed he inserted a phrase of his own. “I, John Garnett, do hereby acknowledge receipt of this deed, and a hell of a deed it is.”
By 1760 John3 Garnett already owned a plantation on Occupacia Creek and 19 January 1760 he purchased 243 additional acres joining ‘with the line of said John3 Garnett’ from Col Francis Waring. 28 June 1760 he bought a valuable Grist Mill from John Lee who had purchased it from Col. William Roane in 1751. This mill was on ‘Gilson’s Run or Swamp’ (Gilson Creek is now identified on maps as Mount Landing Creek), Mt. Landing Creek. On 1 September 1767 John3 sold negroes and furniture to Muscoe? Garnett of Mount Pleasant.
John3 and Mary had six children: Leonard4, Nathaniel4, Joshua4, Edwin4, John4, Jr. and Reuben4. John4, Jr. and Joshua4 have been identified as serving in the Revolutionary War. John4 Garnett was a private in the Virginia militia and his name was placed on the pension rolls 25 February 1834, at the age of 84 years in Owens County, Kentucky. He stated on his pension application that he was born 17 March 1750 in Essex County, lived in Caroline County and enlisted from King and Queen County, Virginia. His annual allowance was $30.00 per year and he received a total of $90.00.
During the Revolutionary War as the army moved through the countryside and needed food they would take it from the local farmers leaving ‘certificates’ to be later collected from the Federal Government. The following are two certificates for John3’s son Joshua4 Garnett:
Dated King and Queen County, 8 September 1780. Rec’d from Joshua4 Garnett, 3 gal. Brandy. ₤75.0.0 Signed Thos Coleman Com.
Dated King and Queen County, 21 September 1781. Rec’d from Joshua4 Garnett, 380 lb. Beef ‘for the use of the Army’. ₤4.15.0 Signed Rob’ Hill Comr
John3 Garnett wrote a hurried will in early 1772 leaving everything he then possessed to his son Reuben4 Garnett and appoints Reuben4 executor with witnesses Caleb Noel and Edwin4 Garnett. Reuben4 was John3’s youngest son and I am assuming that other family members had been taken care of in some manner prior to John3 writing this will. An account of sales of the estate of John3 Garnett, Jr. – deceased amounted to 107 pounds, no shillings and 10 1/2 pence. Received 20 April 1772 by Reuben4 Garnett, Ex’or. John3’s wife was not mentioned in the will, but she survived him and later Mary (Fogg) Garnett gave by deed of gift to son Reuben4 her share of her mother Elizabeth Fogg’s and her husband John3’s estate.
* * * * *
Ann3 W. Garnett (Thomas2, John1) - 3rd known child of Thomas2 and Elizabeth (Muscoe) Garnett
Born: ca 1717, St. Anne's Parish, Essex County, Virginia
Married: (1) ca 1735, St. Anne’s Parish Essex County Virginia, Benjamin Daley; (2) 23 May 1743, Middlesex County, Virginia, Thomas4, son of John and Isabella (Golding) Foster.
Died: ca 1791, St. Thomas Parish, Orange County, Virginia
Some early Garnett genealogists identified Benjamin Daley as Ann3’s husband yet there is no information about Benjamin Daley in any Virginia records. I speculate that Ann3 did marry Benjamin in Essex County and they soon moved to St. George Parish, Spotsylvania County where Benjamin died. This is one possible scenario that would put Ann3 and Thomas4 Foster into a situation that they would meet and marry. Both these family lines had lived as neighbors in Essex County but Thomas4 Foster’s father John3 moved his family from Essex to Spotsylvania County in December 1721.
Most Foster genealogists identify Ann3 Garnett’s parents as Thomas2 and Elizabeth (Muscoe) Garnett but reference to Benjamin Daley seemed to put into question her marriage to Thomas4 Foster. Through research of Dr. Billy G. Foster I believe a reliable connection can be made between Ann3 Garnett, her brother James3 with John3 Foster and his son Thomas4. See next three paragraphs.
* * * * *
In 1734 John3 Foster and his oldest son Thomas4 probably 19 years old at the time purchased 1,000 acres in what is now eastern Orange County. The land was located between Terry’s Run and Riga Run. John3 had co-patented this patent with son Thomas4 to improve and develop the property. The property was originally patented by William Wofford but his patent had lapsed due to not making sufficient improvements. On 26 November 1740 John3 and Thomas4 made an application to the Orange County Court for a valuation of the improvements that had been made on the 1,000 acres. A report was returned 28 May 1741 giving a value of £164-6s-8p which included the following ‘the cost of 16 journeys of 16 miles (from John3 and Thomas5’ home in Spotsylvania County), for ‘corn and salt, 4,000 nails brought from Northumberland County, one dwelling house, one small dwelling house, 480 fruit trees, twelve acres of cleared ground, 280 panels of fence with nine logs to each panel’.
Also on 28 May 1741 John3 Foster patented 490 acres between March and Beaver Dam Run in the far west end of the present-day Orange County near the boarder of Greene County. Moving with John3 was his son Thomas4, his new wife Ann3 (Garnett) Foster (probably widow of Benjamin Daley) and John Foster3’s daughter Philadelphia4 with her husband John Snell.
In 1745 John3 Foster and his son Thomas4 sold the 1,000 acres in eastern Orange County to Ann3 (Garnett) Daley/Foster’s brother James3 Garnett (Thomas2, John1). Reference to this property is found in James3 Garnett’s will - probate March 1776.
* * * * *
Sarah3 Garnett (Thomas2, John1) - 4th known child of Thomas2 and Elizabeth (Muscoe) Garnett
Born: ca 1718, St. Anne's Parish, Essex County, Virginia
Married: (1) ca 1739, Essex County, Virginia, James, son of Nathaniel and Elizabeth (Dupuy) Fogg and (2) 21 August 1751, Essex County, Virginia, Reuben, son of James and Elizabeth (Evans) Noell
Died: date and place unknown
James’ father, Nathaniel Fogg (b. ca 1690), came to the colonies 8 December 1698 and was a bondsman to a carpenter for four years. He moved to Essex County in the early 1700’s where he was a tavern keeper as well as planter. Nathaniel Fogg was a shrewd, energetic, tempestuous man, being in more that twenty law suits, accumulated by the time he wrote his will in 1750 with an estate from nothing to where he owned more than a thousand acres and many slaves. Salvator Muscoe, Jr. had been his friend and advisor and when Muscoe made his own will in 1741, Nathaniel signed as one of the witnesses. Nathaniel Fogg’s will was written in 1750, probated 1753.
James and Sarah3 had two known children: John4 and Elizabeth4. James Fogg died 20 September 1742 in Essex County, Virginia. Sarah married her second husband Reuben Noell, 21 August 1751 and they had five known children – Sally4, Rachel4, Sussannah4, Olive4 and Reuben4 Noell Jr.
* * * * *
James3 Garnett (Thomas2, John1) - 5th known child of Thomas2 and Elizabeth (Muscoe) Garnett
Born: ca 1719, St. Anne's Parish, Essex County, Virginia
Married: ca 1741, probably Essex County, Virginia, Sarah, daughter of William Taylor
Died: ca March 1776, Caroline County, Virginia
On they have approximately 44 entries for James3 and Sarah (Taylor) Garnett and as to their place of marriage: 2 Virginia, 18 Gloucester County, 3 Caroline County, 4 Essex County and 17 Stafford County. In looking at the will of Sarah’s father William Taylor dated October 1756 I believe that all his land he bequeaths is located in Essex County and he probably lived in that county most of his life. I therefore identify the marriage place for James and Sarah as St. Anne’s Parish, Essex County.
James3 and Sarah moved to Caroline County, Virginia probably in the section that is near the boarder of Caroline and Essex Counties and may have one time been part of Essex County. Caroline County was formed from Essex, ‘King and Queen’ and King William counties in 1728. In 1745 James3 Garnett bought from John3 Foster and his son Thomas4 1,000 acres in eastern Orange County probably for speculation – Thomas4 Foster’s wife was Ann3 (Garnett) Daley/Foster sister of James3.
Sarah's father William Taylor's will was dated 15 October 1756, proven 15 August 1763 (Records of Essex County - Tappahannock, Virginia, Will Book #12, 1762-1775, p. 69). He bequeathed:
… to son John Taylor, all my land, negroes Samson and Bob, and my hill which I promised to give him at the day of his marriage, if no male heir lawfully begotten reach 21 years of age, then all my land be divided amongst my 3 grandsons, to say 100 acres to grandson William Noel (1743-1801) at the upper end of my land joining Col. Lee's plantation; to grandson Thomas4 Garnett (1744-1796), 100 acres at the lower end joining Col. Lee's mill dam; to my grandson Taylor Noel (10/01/1751, VA – 06/24/1833, KY), the plantation whereon I now live; to daughter Elizabeth Noel wife of James Noel, negro women named Frank and Calamie, and her first choice of my beds and furniture; unto daughter Sarah the wife of James3 Garnett (Thomas2, John1), negro man named George and negro woman named Doll, 1 feather bed, £15 out of my personal estate and second choice of furniture; to my daughter Tabitha, a negro named Sanco and a negro woman named Winney, a feather bed and furniture; to my two grandchildren Ursilar Noel and Taylor Noel, 1 negro girl named Berener; remainder of my estate between my 4 children; son John Taylor, sons-in-law James3 Garnett and James Noel, executors; witnesses James3 Garnett, Ann Garnett, William4 Garnett, Larkin Noel. (Casey, 126-127)
NOTE: James3 Garnett’s brother John3 on 28 June 1760 purchased a valuable Grist Mill in St. Anne’s Parish, Essex County from John Lee who had purchased it from Col. William Roane in 1751. The Ann Garnett that witnessed this will is probably William4’s wife Susannah4 (Andrews) Garnett, daughter of Thomas and Joyce3 (Garnett) Andrews.
14 March 1765, Caroline, Virginia Order Book, on the petition of Maurice Knight to have liberty to turn the road a small distance from his plantation, it is ordered that James Garnett, Robert Foster, John Fuller and Richard Blanton or any three do view the way proposed by Knight and report the conveniences and inconveniences attending the same. In this entry the James Garnett is probably James3 Garnett, age ca 46 years old and Robert4 Foster (Robert3, John2, James1) related to James3 Garnett through Robert4 Foster’s grandparents – John2 and Elizabeth2 (Garnett) Foster.
Soon after the above date the Caroline County court ordered that Robert Foster, John Sneed Jr., Maurice Knight and James Garnett or any three of them - being first sworn do appraise the estate of Henry Annamy and return inventory there to the next Court. The James Garnett mentioned in this statement could be James3 of this generation or his son and Robert4 Foster is probably the above-mentioned individual.
In March 1776 the same Caroline County court asked John Broadus, Thomas Broadus, Robert Broadus and William Kidd - or any three of them being first sworn before a Justice of the Peace, of the County, are appointed to appraise the Negroes and personal property of Estate of James3 Garnett, deceased.
The will of James3 Garnett stated:
He devised all his estate to his wife, Sarah Garnett, for life or widowhood, and after her death or marriage he devised the estate “Not specifically devised” to his five children. To Thomas Garnett, son of James, m. Frances, he devised 500 acres in Orange County so laid out as not to interfere with the plantation upon which Adam Lindsay (wife Elizabeth Garnett) lived, and also all the land on the west side of Degesses’ Mill Run on which his mill stood. To his son, James Garnett, he devised all the rest of the lands owned by him in Caroline County. To his grandson, James Garnett, son of Larkin Garnett, deceased, he bequeathed a negro, the negro to remain in the possession of Thomas Garnett until his grandson James became of age. To his daughter Elizabeth Lindsay all the rest of the lands in Orange County. After the death of his wife, he devised all of his estate not specifically devised as aforesaid, in equal parts, to his sons, Thomas and James Garnett and his three daughters, Elizabeth Lindsay, Sally Noell (wife of Taylor Noell), and Tabitha Ship (wife of Edmund Shipp). He named his wife Sarah and his sons Thomas and James Garnett as executors of his will. This will was dated 17 September 1775, probated in Caroline County in March 1776.
Their children as identified in James’ will were Thomas4, James4, Larkin4, Elizabeth4, Sarah4 and Tabitha4. (For next generation of this family see Appendix J, page ??.)
* * * * *
I have had trouble trying to pen down exactly who is the William Taylor that has interacted with the Garnett for the past two generations. The following is a time line of William Taylor legal entries:
Ann possibly Wm. Taylor’s sister marries John2 Garnett – 1691 Gloucester
Wm. Taylor witnessed deed Thomas3 Garnett to Robert2 Foster – 1709 Essex
Wm. Taylor bought 50 acres from John2 Garnett – Feb. 1712 Essex
Wm. Taylor administrator of John2 Garnett’s will – 1713 Essex
Wm. Taylor signs John2 Garnett’s estate appraisal – 1714 Essex
Wm. Taylor pays tax on 50 acres – 1715 Quit Rent Essex
James3 Foster sells to Wm. Taylor 75 acres – 1718 Essex
Wm. Taylor witness John Bates’ will – Feb. 1734 Essex
A deed dated July 14, 1740 in Essex County (Deed Book #22, pg. 147). "Marriage settlement in lieu of dower by James Garnett preparing to marry Mary Jones, widow, conveyed to John Rowzee twelve slaves." Signed by James Garnett and Mary Jones. Witnessed by William Taylor and Anthony Garnett.
Wm. Taylor’s daughter Sarah marries John3 Garnett – 1741 Essex
John3 Garnett (John2, John1) and Anthony3 Garnett (John2, John1) as appraisers of the estate of William Taylor Jr. on 16 August 1742.
Wm. Taylor land description – 1747 Essex
Wm. Taylor writes will – 1756 Essex
Wm. Taylor land description – 1758 Essex
Wm. Taylor’s will proven – 1763 Essex

The William Taylor who probably died in July 1742 and whose estate was appraised 16 August 1742 was probably the brother of Ann that married John2 Garnett Jr. and was involved in the above identified transactions between 1691 and 1740. William was involved in a number of legal documents between 1703-1706 in Essex County where he signed his name implying that he could read and write. The parentage of this William is unknown.
The will of Sarah (Taylor) Garnett’s father William identifies his living children and a number of grandchildren. It seems that when the will was written in 1756 two of his children were unmarried – his only son John and youngest daughter Tabitha. I believe that William signed this document and propably attached a seal to his signature.
If the above timeline is accurate we are talking about two different William Taylor’s and they are probably not father and son.
* * * * *
Joyce3 Garnett (Thomas2, John1) - 6th known child of Thomas2 and Elizabeth (Muscoe) Garnett
Born: ca 1721, St. Anne's Parish, Essex County, Virginia
Married: ca 1745, Thomas, son of John and Mary ‘Ann’ (Stockdale) Andrews
Died: ca 1789, Essex County, Virginia
Thomas and Joyce3 had nine children. Thomas Andrews was the brother of Mark J. Andrews that married Avey3 Garnett, Joyce's sister. Thomas Andrews will was recorded in Essex County, 16 August 1779.
Thomas Andrews of Essex County, Virginia, to sons Thomas4 and Mark4 Andrews all my estate in Cumberland County. To my two sons Mark4 and James4 all my land in Essex County to be divided between them. If they should die before they come of age, the survivors have the land. To my daughter Frances4 Garnett - a Negro, to my daughter Sussannah4 Garnett - a Negro; to daughter Ann4 Andrews; to daughter Elizabeth4 Andrews - a feather bed. Negroes to be equally divided among my four sons and three youngest daughters, namely, Thomas4, William4, Mark4, James4, Ave4, Elizabeth4 and Ann4 Andrews and Frances4 and Sussannah4 Garnett. All my estate in Essex to my loving wife Joice3 Andrews. Wife sole executris. The will was witnessed by: Angus Vawter, John Gray and Boulware Vawter.
* * * * *
Mary3 Garnett (Thomas2, John1) - 7th known child of Thomas2 and Elizabeth (Muscoe) Garnett
Born: ca 1723, St. Anne's Parish, Essex County, Virginia
Married: ca 1750, probably Essex County, Virginia, Richard, son of James
and Elizabeth (Evans) Noell
Died: date and place unknown              No further information.
* * * * *
Avey3 (Ava/Avis) Garnett (Thomas2, John1) - 8th known child of Thomas2 and Elizabeth (Muscoe) Garnett
Born: 19 July 1725, St. Anne's Parish, Essex County, Virginia
Married: ca 1751, Mark J., son of John and Mary ‘Ann' (Stockdale) Andrews
Died: 29 October 1768, Cumberland County, Virginia
Mark J. Andrews (1725-1775) was a medical doctor. They moved to Cumberland County, Virginia in 1759 and Mark died there in 1775. They had eleven children.
* * * * *
Thomas3 Garnett (Thomas2, John1) - 9th known child of Thomas3 and Elizabeth (Muscoe) Garnett
Born: ca 1727, St. Anne's Parish, Essex County, Virginia
Married: ca 1750, probably Virginia, Rachel Wilson
Died: after 1780, Caroline County, Virginia              No further information.
* * * * *

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