| Notes |
- === Research note from Debra Crawford
DAVID FULTON
B abt 1771 , Manor of Moreland, Montgomery, Penn.
d. Bef 10 Oct 1836, Shelby, Kentucky
Md Nancy Rankin abt 1797.
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Kentucky Probate Records, 1727-1990, Page 100; film image 105/820.
I DAVID FULTON of the County of Shelby state of Kentucky in this my last will and Testament made this 20 day of March 1835, by which all former wills are declared to be null and void being in the entire possession of my right mind make the following distribution of my property. To my son Anthony I leave the farm on which I now live with the horses cattle household and kitchen furniture and all other property which I hold with the provision that he shall pay all claims against the estate. Take care of and provide for my wife Nancy Fulton during her lifetime. And that he shall take care of my youngest daughter Sarah Jane as long as she shall remain unmarried. And that he shall pay to my daughter Eliza Blackmore $30.00 over and above what he has already paid her which is $20.00. And that he shall give to my daughter Maria a cow and pay her fifty dollars or a horse worth that much. That he shall give to my son John a bed and bedding. that he shall give to my daughter Sarah Jane a bed and bedding and a cow and pay her fifty dollars or a horse worth that much. I have already given to my son Robert, James, and William and my daughter Hester all that they are to have of my property. David x Fulton. Teste: John D Baskett, Jas Figg Jr. Shelby County Court October term 1836. A writing purporting to be the last will and testament of David Fulton was produced in Court whereupon John D Baskett and Jas Figg Jr being sworn state that sd writing was acknowledged by the said David as and for his last will and testament and what they believe he was of sound disposing mind and memory at the time of doing the same which will is ordered to be recorded. There being no execr named in sd will on motion of Anthony Fulton and he having taken the oath required by law and entered into and with John D Baskett his security in the penalty of $1000 conditioned as the law directs. letter of administration is granted him with the will annexed? is granted him in due form of law. James S Whitaker. [punctuation added]
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West Virginia, U.S., Wills and Probate Records, 1724-1985. Wills, Vol 1-2, 1772-1796, Will Book 2, Page 152 - 158; (Image 369/509)
pg. 152. ALEXANDER FRIEN, [Frier] will dated 22 May, 1792, ...of Berkeley county, state of Virginia… I do give and bequeth to my Granddaughter Ruth Frier (a child not rightly in her senses) 100 acres with all buildings, etc to be rent to the highest bidder, …for her maintenance. After her decease, then to her mother, my daughter Mary Frier; Son Alexander 146 acres and rest of estate not given, at his decease to my grandson John, son of Alexander; son Humphrey balance of 390 acre tract, if personally or by agent claims within three years (supposed to be living in some part of So Carolina); to my Dau-in-law, Ruth Frier, wife of my son Alexander, a dark bay mare .. and a saddle…; Grandson Matthew, son of Alexander a smooth bore gun…; and to my daughter Catharine Grantham wife of William Grantham 5 shilling sterling.., and my daughter Mary Frier, a spinster 5 shilling sterling…. I wish to be interred at “Smith’s place with the rest of my family”
Exec: Thomas Owen and Benjamin Kercheval. Wit: David Fulton Sr., Anthony Fulton, and David Fulton Jr. Will proven Dec 18, 1792, by David Fulton Sr. and David Fulton Jr.
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West Virginia, Wills and Probate Records, 1724-1985, Administrator Bonds, Vol 1-3, 1773-1817, No. 85. Image 300/682.
Anthony Fulton, David Fulton, John Daniels, and William Grantham on 27th day of July, 1795,… are firmly bound to … justices of the court of Berkeley County, state of Virginia… in the sum of £800 (security)… for Anthony Fulton and David Fulton administrators of the estate of David Fulton Sr…. Signed and sealed by Antho Fulton, David Fulton, John Daniel, William Grantham.
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Library of Virginia, Digital Collection, Index 1817-004, Case # 146. James Rankin vs. William Rankin et al. https://www.lva.virginia.gov/chancery/full_case_detail.asp?CFN=121-1817-004#img
At a court held for Montgomery County at the courthouse the 8th day of November 1815. James Rankin vs Robert Rankin heirs: Martha Rankin widow and relicit of Robert Rankin deceased, William Rankin, Robert Rankin, Samuel Rankin, John Rankin, and David Fulton who intermarried with Nancy, the late Nancy Rankin, children and heirs of Robert Rankin dec’d.
James Rankin Plea: Your orator James Rankin that some years ago your orator's father Robert Rankin gave unto your orator lying land being in the county of Montgomery and the county of Wythe, but the greater part in Montgomery one hundred acres of land, to be taken off the north east end of the tract of land on which the said Robert Rankin then lived. He told your orator that he might go and live on the land and get the surveyor and have the one hundred acres run off, that he would make your orator a title to said land at any time.... the survey made by the said James Kent is herewith exhibited and which your orator prays may be considered a part of this Bill. your orator would show that a title to the said one hundred acres was never made on account of your orator, the death of the said Robert Rankin at a time when it was unexpected by your orator or the family. your orator would further show that the said Robert Rankin died intestate.... if he had been equally divided among his children but your orator has made considerable improvement thereon and as it was the wish of your orator's father that your orator should have the 100 acres as his portion of the real estate. your orator is therefore anxious to obtain a title on the same... [several pages of same, see source for more details]
Sheriff summons: The Commonwealth of Virginia, to the sheriff of Montgomery County Greetings. You are hereby commanded to summon "Martha Rankin widow and relicit of Robert Rankin dec'd and William Rankin, Robert Rankin, Samuel Rankin, John Rankin and David Fulton and Nancy his wife late Nancy Rankin children and heirs of the said Robert Rankin dec'd" to appear before the Justices of our County Court of Montgomery County, at the Court-house on the "first Tuesday in June next" to "answer a certain bill in Chancery exhibited against them in our said court by James Rankin." And this they shall in no wise omit under the penalty of 100 pounds each. And have then there this writ: Witness Charles Taylor Clerk of our said Court at the court-house the "5th day of April 1815" in the 39th year of the commonwealth.
Newspaper notice: IN CHANCERY The defendants Robert Rankin, Samuel Rankin, John Rankin, David Fulton and Nancy his wife late Nancy Rankin, not having entered their appearance according to the act of Assembly and the rules of this court; and it appearing to the satisfaction of the court that they are not inhabitants of the state; on the motion of the plaintiff by his attorney, it is ordered that they appear here on the first Tuesday in March next, and answer the plaintiff’s bill. And that a copy of this order be forthwith published in some newspaper published in this state for two months successively, 2nd that another copy be posted up at the front door of the courthouse of this county on some court day. A copy - teste.Edward Rawlins d.c. pd 8t 31.
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Virginia County Court, Wythe County, Clerk of the County Court, Deeds, Vol. 10 1824-1828, Film # 34234. Page 738-739,
Know all men by these presents that we DAVID FULTON and NANCY his wife have nominated and appointed by these presents do nominate and appoint William Fulton our son all of the County of Shelby in Kentucky to be our agent and attorney in fact and hereby authorize our said attorney to agree for bargain sell and convey rent out and lease to any person or persons all or any part or parts of any tract or parcel of land that may be or hath descended to us from the estate of Robert Rankin dec’d which lies in Withe and some adjoining county in the state of Virginia. And likewise to receive payments and grant discharges for the same and also to make compromises and divisions relating to said land or any part thereof and moreover to do and perform all manner of things which we could do if personally present. In witness whereof we have hereby set our hands and seals this 6th day of October 1834. David Fulton, Nancy Fulton.
State of Kentucky, Shelby County Ct. I James S. Whitaker clerk of the county Court for said county do certify that this letter of attorney from David Fulton and Nancy his wife to William Fulton was produced to me in my office and acknowledged by the said David to be his act and deed and the said Nancy being examine by me separate and apart from her husband declared that she did freely and willingly seal and deliver said writing and wishes not to retract and acknowledged said writing and explained to her to be her act and deed and consent that the same may be recorded. In testimony whereof I have hereto subscribed my name and caused the seal of said County to be affixed this 6th day of October 1834. Ja. S Whitaker, Clerk Shelby County Court.
State of Kentucky Shelby County, I William Shanks presiding Justice in the County Court of said county do certify that the certificate of James Whitaker is subscribed by his proper signature. That he is Clerk of our said Court duly commissioned and qualified and that full faith and credit ought to be given to all his official acts as such either in or out of this State. Given under my hand and seal this 7th day of October 1834. Wm. Shanks
Virginia: At a court continued and held for Wythe County at the Courthouse on Tuesday the 11 day of November 1834. This power of attorney was entered to Court and with the certificates of acknowledgement privy examination and authentication annexed ordered to be recorded. Teste JP Mathews C. C.
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Virginia County Court, Wythe County, Clerk of the County Court, Deeds, Vol. 10 1824-1828, Page 740-741.
This Indenture made and enterd into on the 23 day of October in the year of our Lord one thousand eight hundred and thirty four. Between William Fulton of the County of Shelby and state of Kentucky, of the one part and Andrew Muirhead of the county of Wythe and state of Virginia of the other part. Witnesseth that the said William Fulton by virtue of a letter of attorney executed to him by David Fulton and Nancy his wife of the county of Shelby and state of Kentucky bearing date of on on the 6th day of October one thousand eight hundred thirty four duly acknowledged and certifyed by the proper authorities hath and for in consideration of the sum of two hundred and eighty dollars to him in hand paid by the said Andrew Muirhead the receipt whereof is hereby acknowledged given granted bargained and sold and by these presents doth give grant bargain and sell unto the said Andrew Muirhead one undivided fifth part of a certain tract or parcel of land whereof Robert Rankin dec'd ? seized and possessed lying and being in the county of Wythe on the waters of Peak Creek containing four hundred acres and is bounded as follows (to wit) Beginning at a white oak on the Thorn Spring tract thence S70 W86 poles to two black oaks thence N75 W86 poles to a dead white oak corner to Gideon Moses land S20 W122 poles to two white oaks and a black oak on a ridge South 106 poles to a large white oak, ? black oak S10 W60 poles to a black oak and white oak sapling S20 E130 poles to three white oak saplings N70 E198 poles to a black oak and white oak N10 E92 poles to two black oak on a line of Thorn spring tract and the same N6 W274 poles to the beginning. But it is to be understood that there is contained with in the above boundary one hundred acres belonging to James Rankin lying in the northern part of the survey of which no part is intended to be conveyed but only one fifth part of the balance which contains four hundred acres be it the same more or less. To have and to hold the said tract or parcel of land with all and singular the appurtenances thereunto belonging to the only proper all and behoof of him the said Andrew Muirhead his heirs and assigns forever. And the said William Fulton doth hereby relinquish all claim or claims which he or his heirs may have to said land. and also by virtue of the letter of attorney aforesaid doth relinquish all right title or interest which the said David Fulton and Nancy his wife may have and to the said land to the said Andrew Muirhead and his heirs or assigns and the said William Fulton by virtue of the aforesaid letter of attorney the said tract of parcel of land to him the said Andrew Muirhead his heirs and against the claim or claims of himself his heirs to and against the claim or claims of the said David Fulton and Nancy his wife their heirs and all persons whomsoever will warrant and forever defend in witness whereof the said William Fulton as attorney in fact for the said David Fulton and Nancy his wife hath hereunto set his hand and affixed his seal on the day and year above written. William Fulton. Wythe County to wit: We Randolph Fugate and James Crocket Justice of the peace in the county aforesaid in the sate of Virginia do hereby certify that William Fulton a partie to a certain deed bearing date on the 23 day of October 1834 and hereto annexed personally appeared before us in our County aforesaid and acknowledged the same to be his act and deed and desired us to certify the said acknowledgement to the Clerke of the County Court of Wythe. On order that the said deed may be recorded given under our hands and seals this 24th October 1834. Randall Fugate, James Crockett. Virginia: At a Court continued and held for Wythe county at the courthouse on Tuesday the 11th day of November 1834. This deed of bargain and sales was returned to Court and with the certificate of acknowledgement annexed ordered to be recorded. Teste J P Mathews C. C.
===Witness
Montgomery County, Virginia. Deeds Vols. D-E 1803-1815. Deed Book D, Page 74; (FHL Film: 7645568, Image 45/693)
This Indenture made on the thirteenth day of September [1803] by Pearson Barney of the one part and DAVID FULTON of the other part, witnesseth for full value received … whereof hereby is acknowledged the said Pearson Barney have granted bargained and sold and by these presents do grant bargain and sell unto the said David Fulton a sertain parcel or tract of land containing one hundred forty eight akers bee the same more or less and lying on the waters of Bullock pen branch on waters of Peek and new River Malariam surved by Jeremiah Bell. Beginning at a black oak N24 W72 poles to a black oak N10 E34 to a white oak on the north side of a hill N50 E24 to a black oack and white oak S71 E38 to a white oack on the east side of the great road corner to Josiah Baker Inclusive survey and with the lines N2 W36 for two white backs.. N72 W46 to two black backs N51 W83 to a black oak S68 W52 to a white oak S1/2 E104 to two white oaks corner to Meredith Ranes thence leaving said line S16 W66 to a double black oak S70 E62 to a black oak S50 E64 to two white oaks S40 E60 poles to the beginning to have and to hold the said one hundred forty eight akers be the same more or less and its apertunances unto the said David Fulton his heirs and asigns forever and to the said Pearson Barney for himself and his heirs the said tract of land and premises and every part thereof against him and his heirs and against all person or persons whatsoever shall and will warrant and defend forever by these presents in witness whereof the said Pearson Barney have hereunto set his hand and seal at the day and year above mensioned. Pearson Barney (seal). Signed sealed and delivered in the presence of ROBERT RANKIN, JAMES RANKIN, JOHN RANKIN.
At Montgomery court March 1804, this deed of bargain and sale from Pearson Barney to David Fulton was proven in court by the Oath of the witnesses thereto, and ordered to be recorded. Teste Charles Taylor.
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Early Colonial Settlers of Southern Maryland and Virginia's Northern Neck Counties
1771 - Bef 1836 (< 65 years)