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Re: McMURTREY, Samuel, fl 1767 SC Long Cane Creek
Posted by: Janice McAlpine (ID *****0672) Date: January 22, 2010 at 14:04:39
In Reply to: Re: McMURTREY, Samuel, fl 1767 SC Long Cane Creek by Tim McMurtry of 28

Samuel McMurtrey's parents were Alexander McMurtrey and Sarah LNU. They married before 1738. Some people say Sarah's maiden name was Todd, but I have not seen any documentation.

Andrew McMurtrey acquired land on Whistle Creek in the Borden Patent, Augusta Co., Virginia, sometime in the 1740s, but had not paid the property off when he died about 1750. This property was adjacent to property owned by James Young, miller of Whistle Creek. Alexander's widow Sarah had a second marriage to neighbor James Young on or after 7 May 1751. Sarah and James Young entered into a marriage contract on that date which required James Young to pay Sarah McMurtrey £400, to support her McMurtry children, to allow her to manage the McMurtrey estate, and to guarantee her a share of the profits from the James Young Mill in the event James Young died before she did.

There is an abstract of the marriage contract at:

Chalkley's 3, page 340: Deed book 6, Page 252.—7th May, 1751. James Young, miller and plantationer, to Sarah McMurtry, £400, marriage contract. To be married according to rules of Church of Scotland. Sarah was a widow with children. Patrick, son of James. Teste: John Collyer, Wm. Brown. Proved and recorded, 20th November, 1755. Delivered: John Low, May, 1758.

On August 10, 1753, James and Sarah Young transferred 340 acres on Whistle Creek to James' son Patrick. Sarah McMurtrey Young's separate property was mentioned as adjacent property in the land description. This undoubtedly was the land originally acquired Andrew McMurtrey and managed after his death by Sarah McMurtrey Young:

Chalkley's 3, page 315: Deed Book 3, Page 379.—10th August, 1753. James Young and Sarah to Patrick Young. 340 acres on Whistle Creek in Forks of James, cor. Joseph Walker, North Branch James; cor. tract surveyed for Sarah Young. Teste: John Low, Francis McCown.

Sarah McMurtrey Young apparently paid off the McMurtrey land because it was transferred to her underage sons, Samuel and John McMurtrey, for a token payment of £ 3 in 1759:

Chalkley's III, page 358: Deed book 8, Page 229.—13th August, 1759. Borden's executors to Samuel and John McMurtrey. Benjamin, Jr., agreed to sell to grantees 292 acres for £3, part of 92,100; corner to place surveyed for Wm. Hall, but now Bordin's, Young's line; corner James Young and the Brisley Hill place. Teste: James McDowell.

At the time the property was transferred , Samuel McMurtrey was 15 years old and allowed by law to select his own guardian to manage his estate. He chose Mathew Lyle:

Chalkley's I. page 84: Order Book No. VI., August 16, 1759.(292) . . . . SamL McMurty, aged fifteen, orphan of Alexr. McMurty, chose Mathew Lyle, guardian.

Chalkley's III, page 55: Will Book 2, Page 331.—16th August, 1759. Mathew Lyle's bond (with Richd. Woods, Jas. Gilmer) as guardian (?) to Saml. McMurty, orphan of Alexander McMurty.

I have not found a guardianship order for John McMurtrey. This may mean that he was under age 14 in 1759 and his mother remained his guardian.

In 1761, Samuel McMurtrey witnessed and later proved his step-brother Patrick Young's will:

Chalkley's III, page 62: Will Book 3,Page 16.—4th April, 1761. Patrick Young's will—Wife, Esibala (Isabella) and Joseph Walker, executors; son, James; 3 daughters, Sarah, Jannet and Alias. Teste: Wm. Hall, Jas. Campbell, Saml. McMurty. Proved, 19th May, 1761, by the witnesses. Executors qualify, with John Bowyer, Jno. Collier, James McKee.
Isabella's mark ( ).

Samuel McMurtrey's land was mentioned in a property description from 1762 deed and he also witnessed the deed:

Chalkley's III, page 386:Deed Book 10, Page 416 —12th May, 1762. Borden's executors to Samuel Todd, £12, 200 acres, part of 92100; cor. Wm. Hall; cor. to the Meeting House; cor. James Campbell's new survey. Samuel McMurtry's line. Teste: Benj. Hawkins. Alex. Collyer, Samuel McMurtry. Delivered: Richard Williamson. 26th May, 1774.

Samuel McMurtrey was listed both as a creditor of and a buyer from the estate of his step-brother Patrick Young when it was settled in November 1762:

Chalkley's III, page 73:Will Book 3, Page 196.—18th November, 1762. Joseph Walker and Isabella Young's settlement of estate of Patrick Young. Recorded. Paid John Law, Jno. Taylor, Thos. Stuart, Jno. Hall and Saml. McMurty. James Todd, Gilbert Crawford, Stephen Orson, Jno. Hickman, David Dryden, Hugh Cunningham, Ro. McElhenny, Wm. Hall. Sale bill to Jno. Collier, Jas. Davis, Andrew Hall, Jas. O'Bryan, Saml. McMurty, Geo. Gibson, Isabella Young.

Samuel or his property was mentioned in several additional Augusta Co., Virginia, records during the 1760s:

Chalkley's I. page 116: Order Book IX, November 22, 1764.(163) Indenture by Church Wardens binding John Cole to James Campbell is assigned to Saml. McMurty.

Chalkley's III, page 464: Deed Book 14,Page 69 [sic, 169?].—17th March, 1768. Same to John Summers, £40, 440 acres of 92,100, William McKee's corner in the patent line; corner James Davis; corner Samuel Willson and Hugh Cunningham; corner Samuel McMurty Teste: James and Samuel McDowell, Moses Trimble.

Chalkley's III, page 484:Deed Book 15, Page 392.—9th June, 1769. John ( ) Summers and Isabella, of the Forks of James River, to James McMath and Susanna, his wife, of said Forks, £60, 440 acres in Forks of James; corner Wm. McKee's on Borden's patent line; corner James Davis; corner Samuel Wilson, Hugh Cunningham's line; corner Samuel McMurtry. (Teste: James Davies, John McMurtrey, John Young.

The only record I have found for John McMurtrey in Augusta Co. -- other than the 1759 deed to him and Samuel -- is the above deed from 9 June 1769 in which he witnessed the sale of land by John and Isabella Summers. John Summers was the second husband of Patrick Young's widow Isabella.

Janice


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