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James Hughes 2005-08-31 15:48:46
LAWSUIT Part One James Hord vs William Richards Administrator of the estate of Simon Miller
MARKHAM vs MARKHAM LAWSUIT:
This suit concerned several slaves that were gifts to the daughters of Simon Miller, specifically, Alice
Markham, who died 1775. Although it is part of a different law suit, it deals with depositions of the same people
involved in the Hord vs Miller/Richards suit and was going on at the same time.
23 August 1806- Deposition of Mary Hord, aged about 69- at the house of John West in Stafford County, Virginia.-
"A daughter of the late Simon Miller of Stafford County, Virginia" and "Whole sister of the mother" of William and Lewis Markham. She said her father gave a negro to each of his son in laws upon their marriage.
In 1786 Mr. Thomas Strother who married on the deponant’s sisters was about to go to Kentucky and he asked Mr. Miller if his gift to him was without resercvations and Simon Miller acknowleged the slave was a gift.
23 August 1806- Deposition of James Hord- aged 35- at the home of John West- stated " about 20 years ago when Mr. Thomas Strother decided to move to Kentucky, Mr. Simon Miller told him that he [Miller] had no claim to the negro given him. That Mr. Miller had given each of his married daughters a nego when they married”, viz: Mrs. Strother, Mrs. Hord and Mrs. Markham.
21 November 1807- deposition of Eliza Richards- aged 53- a daughter of Simon Miller, deceased, late of Stafford
County, Virginia. She stated that " she was under the impression that the descendants of the slave given by Simon Miller to John Markham upon his intermarriage with Alice, daughter of Simon Miller, were to go to the children of the said Alice upon the death of John Markham and that John Markham had indicated to her that this was his pleasure and intention”.
21 November 1807- Deposition of James Richards- aged 32. Taken at the house of John West in Stafford County,
Va. He states at the time that John Markham sold the slaves , Mr. Simon Miller, the father in law of John
Markham, " was a very old man and never left his own house”; however, Mr. Miller heard about the sale of the
slaves and took John Markham to task about it. Markham smoothed it over, and Mr. Miller never knew the
differencce. [ slaves in question would have issue from the slaves given to Alice Miller , wife of John Markham, as a wedding gift from Simon Miller to his daughter ].
08 October 1808 the deposition of Peter Conway, taken in Fauquier County,Va. who describes himself as a brother
in law of John Markham, dec’d..
Question: Do you recollect that it was reported that Mrs. Alice Markham was in a state of prgancy when she
married to the said John Markham, dec’d.
Answer: I do not remember that it was reported at the time of her marriage, but I believe it was reported after her child was born that it came before the usual time but how long before I cannot say.
09 May 1811 in the County of Stafford, the deposition of Mrs. Jane Markham, widow, aged 55 and upwards. She married John Markham in April 1781.
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1748-1767 Stafford County, Virginia Will Book O; [Antient Press];
Page 335- 336 In the Name of God Amen I MARY WAUGH of Stafford County, Widow, being sick but of perfect sence do make this to be my last will & Testament .. Imprimis I recomend my immortal Soul to God .. my body I desire it to be decently interred in the Firth.
Item I give unto my Son WILLIAM MOUNTJOY a large Bible & a large Oval table also 840 acres of land lying upon Licking Run and the branches of the Marsh run in Prince William County.
Item I give to my Son PETER MAUZY 300 acres of land upon Elk run in Prince William County where FRANCIS WATTS now lives & at the decease of my said Son, then for the land to be given to either of my said Sons children as he shall think fit, also a gold ring.
Item I bequeath to my Daughter ELIZA. CONWAY 150 acres on Elk Run in Prince William County it being part of that tract aforesaid during her life and after her decease to her Son JOHN MARKHAM & the heirs of his body if the said John Markham dies without issue then for it to fall to PETER CONWAY my Grandson likewise I give to Jno. Markham 150 acres of land it being the other half of the 300 acres whereof I have in the last paragraph given my Daughter Elizabeth 150 acres & if John Markham dies without issue then for the land to fall to my Grandson THOMAS CONWAY and also I give Markham 1 feather bed & furniture as also 1 small Iron pot. & one hath mettle skillett now in his Mother's possession and all the rest of my personal Estate whatsoever after all my Debts are paid I give to my Daughter MARY DONIPHAN and her heirs .. Lastly I do appoint my Sons William Mountjoy and Peter Mauzy Exesutors of this my last will & Testament .. 27th March 1749. Mary her mark Waugh
Michael Ryan, Winefred Ryan, Rawleigh Traverse,
John Mauzy Junr.
At Court held for Stafford County 14th March 1756 This will being first proved by Winifred Ryan and William Mountjoy one of the Executors named came into Court & refused to take upon himself the burthen of the Execution thereof (Peter Mauzy the other Executor being dead) on Motion of ALEXANDER DONIPHAN Administration with Will annex'd is granted him having given bond according to Law.
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Fauquier County, VA Wills By J. Estelle Stewart King
Will Book Number 1 1759-1783
BROOKS, William
Will dated 10th January 1767.
To daughter, Sarah, what she has already received from me.
To daughter, Hannah, what she has already received from me.
To daughter, Danckus, what she has already received from me.
To daughter, Mary, what she has already received from me.
To daughter, Ann, what she has already received from me,
To daughter, Elizabeth, to have an equal portion with her sisters.
Son, Thomas, to be content with what he has received until decease of his mother.
Son William to have other plantation.
Exrs: William Brooks, Thomas Brooks (sons).
Wit, Peter Conway, George Threkeld. (p. 1)
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Early Colonial Settlers of Southern Maryland and Virginia's Northern Neck Counties
Abt 1743 - 1833 (~ 90 years)