Early Colonial Settlers of Southern Maryland and Virginia's Northern Neck Counties

Benjamin Head

Male Abt 1730 - 1803  (~ 73 years)


Personal Information    |    Notes    |    All    |    PDF

  • Name Benjamin Head 
    Born Abt 1730  Spotsylvania County, Virginia Find all individuals with events at this location 
    Gender Male 
    Died 25 Jul 1803  St. Thomas Parish, Orange County, Virginia Find all individuals with events at this location 
    Person ID I025625  Tree1
    Last Modified 4 Dec 2020 

    Father Henry Head,   b. Bef 1699,   d. Aft 1743, St. George's Parish, Spotsylvania County, Virginia Find all individuals with events at this location  (Age > 46 years) 
    Mother Frances Spence,   b. Bef 1703, Richmond County, Virginia Find all individuals with events at this location,   d. Aft 1743, St. George's Parish, Spotsylvania County, Virginia Find all individuals with events at this location  (Age > 42 years) 
    Married Abt 1719  St. Mary's Parish, Richmond County, Virginia Find all individuals with events at this location 
    Family ID F15789  Group Sheet  |  Family Chart

    Family Martha Shearman,   b. Bef 1740, Lancaster County, Virginia Find all individuals with events at this location,   d. 24 Nov 1821, Elbert County, Georgia Find all individuals with events at this location  (Age > 81 years) 
    Married Bef 1755  Orange County, Virginia Find all individuals with events at this location 
    Children 
     1. James Head,   b. 23 Sep 1758, St. Thomas Parish, Orange County, Virginia Find all individuals with events at this location,   d. 26 Oct 1795, Elbert County, Georgia Find all individuals with events at this location  (Age 37 years)
     2. Martha Head,   b. Between 1759 and 1760, St. Thomas Parish, Orange County, Virginia Find all individuals with events at this location,   d. 14 Sep 1842, Greene County, Virginia Find all individuals with events at this location  (Age ~ 83 years)
     3. William Head,   b. 25 Mar 1761, St. Thomas Parish, Orange County, Virginia Find all individuals with events at this location,   d. 1821, Elbert County, Georgia Find all individuals with events at this location  (Age 59 years)
     4. Benjamin Head,   b. Abt 1763, St. Thomas Parish, Orange County, Virginia Find all individuals with events at this location,   d. Abt 1827, Hinds County, Mississippi Find all individuals with events at this location  (Age ~ 64 years)
     5. John Head,   b. 25 Dec 1765, St. Thomas Parish, Orange County, Virginia Find all individuals with events at this location,   d. 20 Sep 1852, Randolph County, Missouri Find all individuals with events at this location  (Age 86 years)
     6. George Marshall Head,   b. 9 Jun 1768, St. Thomas Parish, Orange County, Virginia Find all individuals with events at this location,   d. Aft 1840, Albemarle County, Virginia or in Todd County, Kentucky Find all individuals with events at this location  (Age > 73 years)
     7. Henry Head,   b. 22 Apr 1773, St. Thomas Parish, Orange County, Virginia Find all individuals with events at this location,   d. 8 Feb 1852, Sumner County, Tennessee Find all individuals with events at this location  (Age 78 years)
     8. Tavener Head,   b. 2 Jun 1776, St. Thomas Parish, Orange County, Virginia Find all individuals with events at this location,   d. Between 1840 and 1849, Fayette County, Georgia Find all individuals with events at this location  (Age 63 years)
    Last Modified 4 Dec 2020 
    Family ID F15788  Group Sheet  |  Family Chart

  • Notes 
    • http://arslanmb.org/head/head.html

      Benjamin Head (of St. Thomas Parish, Orange County) made his will on 21 October 1801, leaving "unto my son Tavner Head, my land and plant[at]ion whereupon I now dwell . . . after the death of my loving wife . . . unto my daughter, Sarah Burton, my negro woman, Betty and all her increase . . . all the residue of my estate, not already mentioned, after the death of my loving wife, to be equally divided between my sons, namely, William Head, Benjamin Head, John Head, George Marshall Head, Henry Head, and the representatives of my son, James Head . . .". Sons George Marshall Head and Henry Head were named executors. Witnesses were Richard Cave, Benjamin Spicer, and James Alexander. (This will was transcribed by June 1938 by Mrs. Audrey Kemper Spence, but its whereabouts are not currently known, or if it is even still in existence.) The will was apparently never recorded. On the back of the will was the endorsement "1803. July 25th. Offered to be recorded but being opposed by Hy.[Henry] Head, sundry witnesses were sworn and examined and parties fully heard. On consideration, it is the opinion of the court that the same is not the will of Benjamin Head, and that the same be preserved by the clerk." One witness to these proceedings (Tavener Head, Plaintiff vs. Henry Head and John Head, Defendants), Sarah Ham, testified that while she was present Benjamin's wife Martha persuaded Benjamin (apparently against his wishes) to make a will granting the entirety of land to their youngest son Tavener Head as he "was not able to get a living and wished him to have a negro fellow extraordinary". The partition suits that resulted and were promptly settled appeared to be "friendly" as they were not protracted, nor does language appear in the documents that would indicate a bitter court fight over the property. Since Benjamin was still living when the 1802 Orange County land tax list was drawn up, his death occurred in either 1802 or early 1803.
      ===
      Orange County, Will Book 4 (1801-1814), pp. 83-85 {2165}
      Appraisal of estate of Benjamin Head [#]
      Returned into court 26 Sep 1803.
      ===
      Orange County, Will Book 5 (1814-1821), pp. 263-264 {2164}
      Estate of Benjamin Head [#]
      In account current with John Head [#5], administrator. Paid Martha Head [#/1] her part of the personal property as dower. May Burton [#2/1], one of the distributees. George M. Head

      [#6], Benjamin Head [#4], Henry Head [#7], Tavernor Head [#8], "myself" [John Head],
      Reuben White - all distributees . . . Returned into court 25 Jan 1819.

      Orange County, Deed Book 20, pp. 518-519
      Date: 25 Jul 1795
      Grantor: Benjamin Head [#] (of Orange Co.)
      Grantee: John Head [#5] (of Orange Co.)
      Amount: 500 pounds
      Description: 295 acres (see below)
      This Indenture made this twenty fifth day of July one thousand seven hundred and ninety five between Benjamin Head of Orange County in the state of Virginia of the one part and John Head of the County and state aforementioned of the other part witnesseth that for and in consideration of five hundred pounds of good and lawfull money of Virginia to me in hand paid at and before the sealing and delivery of these present the receipt whereof is hereby acknowledged and by these present have bargained sold . . . released conveyed and confirmed unto the said John Head a tract or parcel of land lying and being in the County above mentioned Beginning at the great run and running south ten degrees west and along one poles to three pines thence south turning south ten degrees west only one poles to three pines thence south ten degrees east one hundred and thirty poles to a spanish and red oak and hickory thence south thirty two degrees west one hundred and forty four poles to two white oaks thence north sixty four degrees west one hundred and ninety poles to some oak bushes thence north twenty one degrees east one hundred and ninety five poles to the banks of the said river thence down the meanders of the run to the first station the same to contain two hundred and ninety five acres be the same more or less with all and part and parcel of the said land with rights members premises and . . . to have and to hold and I Benjamin Head for myself my heirs and assins to covenant and defend the right of the said lands unto John Head his heirs and assigns forever the said land to be free from the claim or claimants of any person or persons whatsoever in witness whereof I have hereunto set my hand and seal this day and date above mentioned.
      Signed, sealed and delivered in presents of Benjamin Head (S.S.)
      The Court held for Orange County on Monday the 26th [?] of October 1795 This Indenture from
      Benjamin Head to John Head . . . by the said Benjamin and ordered to be . . .
      Teste,
      James Taylor, Clerk of Court
      ===
      1791-1795 Orange County, Virginia Deed Book 20; [Antient Press]; Page 522-523
      Date: 1 Nov 1794
      Grantor: John Ferguson (of Orange Co.)
      Grantee: Benjamin Head [#] (of Orange Co.)
      Amount: 45 pounds
      Description: 195 acres (see below)
      This Indenture made this first day of November one thousand seven hundred and ninety four between John Ferguson of the County of Orange and state of Virginia of the one part and Benjamin Head of the County and state aforesaid of the other part. Witnesseth that the said John Ferguson for and in consideration of the sum of forty five pounds current money to him in hand paid the receipt and whereof he doth hereby acknowledge both giving, granted, aliened, enfeoffed, delivered and confirmed and by these presents doth give, grant, alien, enfeoff, deliver and confirm unto the said Benjamin Head his heirs and assigns forever all that my right and title to a certain tract or parcel of land lying and being in the county and state aforesaid being part of five thousand acres of land possessed by Doctor Matthew Hambeton at his death and deeded to me the said Ferguson by Robert Miller as Executor to said Hambletan and bounded so followeth to wit. Beginning at two pines corner to John Snell on . . . old land thence south forty three degrees west one hundred and twenty poles to four pines pointers on a ridge thence south sixty nine degrees east two hundred and one poles to a pine near a glade corner to Matthias Smith in the orphans line, thence north thirty eight degrees east one hundred and eighty two poles to the road where the orphans line crosses, thence up the said road to the Beginning containing one hundred and ninety five acres more or less and all the houses out houses, garden, buildings, fences, ways, water, watercourses, profits, commodities and . . . thereunto belonging on in anyway appertaining and do by here presents warrant and forever defend the said land and promise unto the said Benjamin Head by me my heirs and assigns from all claims made by me my heris executors administrators or assigns. In witness I have hereunto put my hand and seal the day and year above written.
      Signed, sealed and delivered in the presence of Edward Hamleton,
      John Head [#5], Reuben Marshall
      John Ferguson (S.S.)
      The court held for Orange County, Virginia the 22 of December 1794.
      This Indenture from John Ferguson to Benjamin Head approved by the . . . for John Head and Reuben Marshall two of the witnesses thereto at another court held for the said county on Monday the 6th day of October 1795. . . . further acknowledged by the said Ferguson and ordered to be recorded, examined.
      Teste, James Taylor, Clerk of Court
      ===
      1754-1756 Orange County, Virginia Order Book 6; [Antient Press]; Page 4
      23 May 1754 (New Style),
      "Benjamin Head is Appointed Overseer of the Road in the Room of William Lucas, & that he with the Gang that under the said Lucas clear & keep the same in Repair”
      25 Jun 1761, p. 579

      "On the Motion of May Burton he is Allowed to keep Ordinary at his house in this County for One year from this time he giving Security whereupon he with Thomas Rucker & Ben. Head his Securities Acknowledged their Bond for the same
      ===
      1759-1765 Orange County, Virginia Deed Book 13; [Antient Press]; Page 426
      Date: 20 May 1764
      Grantor: Thomas Shackelford (of St. Thomas Parish, Orange Co.)
      Grantee: Benjamin Head [#] (of St. Thomas Parish, Orange Co.)
      Amount: 81 pounds, 11 shillings, 5 pence
      Description: "one negro man named Bob and three mares (viz) one . . . with a white main and tail and her mares Co Co, one dark bay branded IK"
      Witnesses: Robert Shurman, Lucy Shurman, Susanah Sparks
      Know all men that I Thomas Shackelford of the Parish of St. Thomas in the county of Orange for a valuable consideration to me in hand paid by Benjamin Head of the Parish and County aforesaid before the ensealing (?) and delivery of these presents Have given., granted, bargained, sold, made . . . and confirmed and by these presents doth give, grant, bargain, sell, makeover and confirm unto the above said Benjamin Head his heirs and assigns one negro man named Bob and three mares (viz) one . . . with a white main and tail and her mares Colt, one dark bay branded IK . . . said negro man and three mares do warrant unto the said Benjamin Head his heirs and assigns from the persons whatsoever, only and everything and it is hereby excepted that if the said Thomas Shackelford his heirs and assigns doth will and truly pay or cause to be paid unto the . . . Benjamin Head his heirs and assigns their full . . . just sum of eighty one pounds eleven shillings five pence then . . . at or before the tenth day of March that shall be . . . the year of one thousand seven hundred and sixty two that then the above named negro man and three mares shall return unto the said Thomas Shackelford his heirs and assigns and on the said payment of the said time the same shall be the estate of the said Shackelford as before the sale hereof. I witness whereof the said Thomas Shackelford do hereunto set my hand and seal. This twentieth day of May in the year of our Lord one thousand and seven hundred sixty four.
      Thomas T. Shackelford (S.S.)
      Signed, sealed and delivered
      in presence of
      Robert Shurman
      Lucy Shurman
      Susanah Sparks
      At a court held for Orange County on Thursday the 28th day of June 1764 this deed of mortgage was proved by the oaths of Robert Shurman and Lucy Shurman two of the witnesses and ordered to be recorded.
      Teste.,
      George Taylor, Clerk of Court
      ===
      23 Jul 1767, p. 447 (Orange County, Minute Book 1, p. 140)
      "On the Motion of David Vawter to have a Veiw for a road to turn out at the dividing Line between Between Benjamin Head and Richard Durrett and to keep the Line of the said Heads & Durretts to the River at Crawfords foard Ordered that Robert Johnson, May Burton Jeremiah White and James Wayt or any three of them being first Sworn before a Justice of this County do Veiw the said Way and Make report to the Court of the Conveinences and inconveinences attending the Same.

      ===
      http://arslanmb.org/head/head.html

      On 24 August 1773, Benjamin Head again purchased land in Culpeper County, 160 acres "at the upper corner of the Rapidan River" from Martha's father Robert Sharman (Culpeper County Deed Book G, page 157). One of the witnesses to this deed was a James Head, probably the eldest son of Benjamin and Martha. Robert Sharman's will (in which Benjamin Head was named executor) was written 21 January 1773 and proved 18 April 1774, so this land may have been part of his legacy to his daughter Martha. It appears that Robert Sharman was still living at the time this deed was executed. Benjamin Head and Martha (of Orange County) sold this land to Richard Quinn (of Culpeper County), whose land was adjoining to it, on 15 September 1777 (Culpeper County Deed Book H, page 517).

      Sometime around early 1774, Benjamin Head agreed to sell the southernmost 450 acres of his tract of land in Orange County to his neighbor Durrett Oliver for 56 pounds and sixpence. After having paid Benjamin Head 28 pounds and 19 shillings, Durrett Oliver died, before the land was partitioned. Durrett Oliver died intestate, leaving his widow Tabitha Oliver, eldest son Achilles Oliver, and several younger children. To settle the disposition of the property, the proportion already paid for (232.75 acres) was marked off and given to Durrett Oliver's heirs. The remaining proportion (217.25 acres) was put up for public sale, the highest bidder being Robert Beadles for the amount of 33 pounds, 5 shillings. The southwestern section of the property (1325 acres) bought by Benjamin Head in 1771 went to Beadles and the southeastern section went to Oliver's heir, leaving the remainder along the Rapidan River in the hands of Benjamin Head. (Orange County Deed Book 16, pages 234 and 276)

      Benjamin Head (of St. Thomas Parish, Orange County) made his will on 21 October 1801, leaving "unto my son Tavner Head, my land and plant[at]ion whereupon I now dwell . . . after the death of my loving wife . . . unto my daughter, Sarah Burton, my negro woman, Betty and all her increase . . . all the residue of my estate, not already mentioned, after the death of my loving wife, to be equally divided between my sons, namely, William Head, Benjamin Head, John Head, George Marshall Head, Henry Head, and the representatives of my son, James Head . . .". Sons George Marshall Head and Henry Head were named executors. Witnesses were Richard Cave, Benjamin Spicer, and James Alexander. (This will was transcribed by June 1938 by Mrs. Audrey Kemper Spence, but its whereabouts are not currently known, or if it is even still in existence.) The will was apparently never recorded. On the back of the will was the endorsement "1803. July 25th. Offered to be recorded but being opposed by Hy.[Henry] Head, sundry witnesses were sworn and examined and parties fully heard. On consideration, it is the opinion of the court that the same is not the will of Benjamin Head, and that the same be preserved by the clerk." One witness to these proceedings (Tavener Head, Plaintiff vs. Henry Head and John Head, Defendants), Sarah Ham, testified that while she was present Benjamin's wife Martha persuaded Benjamin (apparently against his wishes) to make a will granting the entirety of land to their youngest son Tavener Head as he "was not able to get a living and wished him to have a negro fellow extraordinary". The partition suits that resulted and were promptly settled appeared to be "friendly" as they were not protracted, nor does language appear in the documents that would indicate a bitter court fight over the property. Since Benjamin was still living when the 1802 Orange County land tax list was drawn up, his death occurred in either 1802 or early 1803.

      Benjamin was ruled to have died intestate, and the litigation resulted late in 1803 in Benjamin's widow Martha being given her dower of 150 acres of land, one-third part of the slaves and other personal property, paying 100 pounds to Tavener Head, and dividing the residual portion of the estate equally among the seven surviving children of Benjamin and Martha, with the heirs of James Head also getting a 1/8-share (taking into account the advancements already made to the legatees.
      ===
      1766-1771 Spotsylvania County, Virginia Deed Book G; [William Armstrong Crozier];
      Decr. 21, 1770. Henry Gatewood of Spts. Co. and Tabitha, his wife, to Benjamin Head of sd. Co. £30 curr. 112 a. in Spts. Co. Alexr. Spence Head, David Head, James Head. No date of Record.
      ===
      1768-1772 Orange County, Virginia Deed Book 15; [Antient Press]; Page 461-462
      Indenture 28 Nov 1771 between GEORGE TAYLOR, JAMES MADISON and JOHN CARTER, Trustees to sell land of HARRY BEVERLEY of one part, and BENJAMIN HEAD of Orange County of other part .. for £307 .. sell 1325 acres land on river side bounded May Burton; Rippons Run; Joshua Stapp. Pearson line, which includes lots No. 15, 16 and 30 as laid off by Joseph Brock, Gent. .. George Taylor
      Recorded Orange County James Madison
      28th November 1771 John Carter

      ===
      1774-1782 Spotsylvania County, Virginia Deed Book J; [William Armstrong Crozier];
      May 25, 1778. Benjamin Head of Orange Co. and Gracey, his wife, to John Edwards of Spts. Co. 150 curr. 100 a. in Spts. Co. Edwd. Collins, Uriah Edwards, jr.; Andrew Johnston, Isaac Head. Novr. 19, 1778.