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

Mary Withers

Female Abt 1663 -


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  • Name Mary Withers 
    Born Abt 1663  Stafford County, Virginia Find all individuals with events at this location 
    Gender Female 
    Died Stafford County, Virginia Find all individuals with events at this location 
    Person ID I30181  Tree1
    Last Modified 6 Jul 2022 

    Father John Withers,   b. 30 Mar 1634, Arkholme, Melling, Lancaster, England Find all individuals with events at this location,   d. 1699, St Paul's Parish, Stafford County, Virginia Find all individuals with events at this location  (Age 64 years) 
    Relationship natural 
    Mother Anne MNU Withers,   d. Abt 1696, Stafford County, Virginia Find all individuals with events at this location 
    Relationship natural 
    Married Aft 1654  Westmoreland County, Virginia Find all individuals with events at this location 
    Family ID F18608  Group Sheet  |  Family Chart

    Family 1 Richard Fossaker,   b. Bef 1650, Stafford County, Virginia Find all individuals with events at this location,   d. Aft 1700, Stafford County, Virginia Find all individuals with events at this location  (Age > 52 years) 
    Married Abt 10 Feb 1693  Stafford County, Virginia Find all individuals with events at this location 
    Children 
     1. John Fossaker,   b. Abt 1670, Stafford County, Virginia Find all individuals with events at this location,   d. Aft 1 Mar 1705, St. Mary's Parish, Richmond County, Virginia Find all individuals with events at this location  (Age ~ 35 years)  [natural]
     2. John {Addl Records} Fossaker,   b. Abt 1670, Stafford County, Virginia Find all individuals with events at this location  [natural]
     3. Mary Fossaker,   b. Bef 1700, St Mary's Parish, Richmond County, Virginia Find all individuals with events at this location,   d. 1783, Overwharton Parish, Stafford County, Virginia Find all individuals with events at this location  (Age > 83 years)  [natural]
    Last Modified 6 Jul 2022 
    Family ID F16804  Group Sheet  |  Family Chart

    Family 2 Thomas Hathaway,   b. 1641, Stafford County, Virginia Find all individuals with events at this location,   d. Bef 1692, Stafford County, Virginia Find all individuals with events at this location  (Age < 50 years) 
    Married Bef 26 Jul 1679  Stafford County, Virginia Find all individuals with events at this location 
    Children 
     1. Mary Hathaway,   b. Abt 1679, Stafford County, Virginia Find all individuals with events at this location,   d. Aft 1703, Stafford County, Virginia Find all individuals with events at this location  (Age ~ 25 years)  [natural]
    Last Modified 6 Jul 2022 
    Family ID F19894  Group Sheet  |  Family Chart

  • Notes 
    • ===
      1680 Stafford County, Virginia Order Book [Antient Press];
      p. 4 KNOW ALL MEN by these presents that I GILES BRENT of RICHLAND in ye County of Stafford in Virginia Gentl.. have lett, granted and sett unto THOMAS HATHAWAY of ye same County & Colony, Planter, one small tenement which now ye said HATHAWAY lives in. on ye South side of AQUIA CREEKE, Beginning at a small run binding upon RICHARD WHITTALL and soe running South West into ye Miles End and likewise binding upon a small run binding ye land of Mr. GEORGE INGLISH and that small tenement aforesaid: duringe ye naturall life of THOMAS HATHAWAY & MARY HATHAWAY and ye first Child ye said MARY hath and warrantinge ye same from mee my heirs Exors. Admors. and assigns unto ye said THOMAS HATHAWAY and MARY HATHAWAY or their assigns duringe ye time above mentioned; And alsoe the backland of RICHARD WHITTALL from ye RIDGE PATH unto ye Mites End the said THOMAS HATHAWAY and MARY HATHAWAY paying two (?) only ye time above mentioned; I do acknowledge to have received four thousand pounds of Tobo:, itt being in full satisfaction for that land above mentioned. As Witness my hand and seale this 26th day of July 1679 Signed Sealed & Delivered in ye presence of us
      MARY WHTEHEAD her marke GILES BRENT
      THOMAS BUTLER, MICHILS HILL
      Wee ye Subscribers, THOMAS BUTLER and MARY WHITEHEAD, doe declare upon oath be-fore Coll. GEORGE MASON, that wee saw the within specified Lease signed sealed and de-livered by Coll GILES BRENT at Mr. HATHAWAYs House the day & year within mentioned unto Mr. HATHAWAY
      Sworne before me this Instant 3d May 1680
      GEORGE MASON
      Recordat: in Cur: 12d. Augst:
      April] ye 4th 1678. Received of THOMAS HATHAWAY in full satisfaction for this Land. As witness my hand GILES BRENT

      The Depo: of WM. WELLS of ye Province of MARYLAND, sworne & examined this 10 of April 1680. saith that in February last was twelve months att ye house of THOMAS HATHAWAY beings with Coll. GILES BRENT, ye said THOMAS HATHAWAY did require ye said BRENT to give him a Lease for his Land, which ye said HATHAWAY then lived on, and ye said Mr. BRENT said hee would but hee would vex him a little first; but then did desire mee, your Depont., to draw a Bond of Twenty thousand pounds of Tobo: to binde him to give a Lease and before bee spoke to me to draw ye said Bond hee did desire mee to draw a Lease for ye said HATHAWAY. But I tould him I doubted I was not able to draw a Lease that might be authentick but tould him I would binde him which Bond I did then write & left in {marked out) but did not see him signe or seale ye same, and ye said BRENT did severall times say why should I wrong him though I vex him for bee hath honestly paid mee five thousand pounds of Tobo: for itt and upwards which your Deponeat doth well remember and much more discourse to this effect. And further saith not WM. WELLS
      Jurat Coram me GEORGE MASON Recordat: ye 12 Augst. 1680
      ===
      1692-1693 Stafford County, Virginia Order Book [Antient Press];
      Page 324 Court held 10th February 1692/93
      300. MARY HATHAWAY a minor the sole daughter of THOMAS HATHAWAY late of this County deced came into this Court and did choose RICHARD FOSSAKER of this County to be her Guardian until she came to age or was married and after the Producing of the accompts of the said Thomas Hathaway Estate and the division made between him Mr. Fossaker married the widow of the said Hathaway and the said Mary Hathaway she did make choice of in Court of three Negroes out of and belonging to her Part for her share Vizt. these three negroes namely Nero Patrick and Jenny and whereas there appears to be due from the said Richard Fossaker in his Qualification afsd unto the said Mary Hathaway the sum of five thousand four hundred and fifty Eight pounds of Tobacco and halfe as per the aforesaid account of the said Estate herein Court produced, the Court doe there-fore order that Richard Fossaker pay the same. to the said Mary Hathaway upon her demand and the Court doe further order that on Saturday the 11th instant the whole Estate shall be divided between them by Capt. GEORGE BRENT and Capt. GEORGE MASON, that the cattle belonging to her the said Orphan may be branded that each Person may know his particular share of the cattle and also other the personal Estate according to the Inventory on the Records of this County etc Tis further ordered that Richard Fossaker shall give good Securitie and enter into bond for to deliver to Mary Hathaway her full share of her Estate to her at the day she shall arrive to the Sixteenth year of age or day of Marriage which shall first happen.
      And Capt. MARTIN SCARLET and Capt. GEORGE MASON became Securities with the afsd Richard Fossaker to Perform what the Law requires touching the said Estate.
      It is the opinion and Judgment of this Court that whereas the aforesaid Mary Hathaway coming into Court and choosing Mr. Richard Fossaker to be her guardian as aforesaid and a day appointed for the division of the Estate to be made between them that after a full division made and the Cattle branded that each may know their own Particular Share of the said Estate that Richard Fossaker shall be fully and freely discharged of and from the said Estate and Remains noe further concerned to the said Estate only as the said Mary Hathaways Guardian.
      ===
      VIRGINIA GLEANINGS IN ENGLAND; The Virginia Magazine of History and Biography, pp 196: RICHARD FASSAKER, of Stafford County, in Virginia. Will 16 June, 1676; proved 24 July, 1676. Now on board the Raphannocke, Merchant bound for England and having by will, left in Virginia, disposed of my estate excepting what I have on board the Raphannocke Merchant. I desire my friend Mr. Samuel Phillips to sell whatsoever belongs to me on board and return the proceeds to Virginia. to Mr. Robert Hall and to Mr. Edward Tomason, trustees to my will in Virginia for the benefit of my children, and also to buy three mourning rings of 10s. value and give one to Captain John Plover, one to himself, and one to Mr. George Brent the Posey I would have prepared be to follow me. Witnesses: Samuel Coldham, Wm. Bowie.
      Bence, 90.

      [Richard Fossaker was an early settler in Stafford county, and was
      a justice in 1664, and sheriff in 1667. One of his sons was Richard Fossaker, who was a Burgess for Stafford in 1702-3. In or before 1693, Richard Fossaker married the widow of Thomas Hatherwav, of Stafford, and in 1699 he was the husband of the daughter and heiress of Capt. John Withers, of Stafford. On April 14, 1692, John Fossaker and Elizabeth his wife, of Rappahannock county, one of the daughters and coheiresses of Mr. George Mott, of the same county, made a deed for land.)
      ===
      1699-1709 Stafford County, Virginia Deed & Will Book; [Antient Press]; Page 12-13
      February 19th 1699/1700. Know all men .. I RICE ROE of county Stafford gent. who intermarried with the Widow and relict of Capt. JOHN WITHERS deced have clearly discharged Capt. RICHARD FOSSAKER who intermarried with the Excr. daughter of said Withers deced from all claims I may have to sums of money in England or in this Colony which shall be due to me as marrying the Widow and relict of the said Withers deced to whom the third part of all money in England was due .. having raced Bills of Exchange of him for any claim that the children of FRANCIS DADE shall have against him .. (my wife) who was formerly the widow of Francis Dade.
      Presence John Jones, Rice Hoe
      Wm. Fitzhugh Junr.
      Recorded 15th March 1699/1700.
      Whereas I RICHARD FOSSAKER have by Instrument from under my hand discharged Mr. RICE HOE from what is due to me as marrying the daughter and Excr. of Capt. JOHN WITHERS deced is any manner.
      Presence John Harvey Richd. Fossaker
      Recorded 15th March /699/1700.
      pp. Know all men .. I FRANCES WITHERS own to have received from RICHARD FOSSAKER my third of what debts was due to Capt. JOHN WITHERS and likewise the crops of Tobo. and come and I doe by these presents acquit him of all claims .. 7th September 1699.
      Testes Cadwaller Jones, Frances Withers
      Rice Hoe
      Recorded 15th March 1699/1700.

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