| Notes |
- http://wc.rootsweb.ancestry.com/cgi-bin/igm.cgi?op=GET&db=abcg2011&id=I123 03
This was a letter requesting a divorce for Rose from Ebenezer. I have not found for certain if it was approved. Dated 6/8/1681: Letter to Kenelm Cheseldine, Attorney General of MD, from William Fitzhugh. "Sir. The cruelty of Mr. Blackston towards my sister-in-law is grown so notorious and cruel that there is no possiblity of keeping it any longer private with the preservation of her life, his cruelty already having occasioned her to make two or three attempts to destroy herself, which is not timely prevented will inevitably follow, therefore Sr. in relation of my affinity to her, as also at the instance and request of Mr. Newton, to propose some remedy. I think there's some means to be used for a separation, because of his continued cruelty, which in England is practical, here in Virginia it is a rare case, of which nature I have known but one which was between Mrs. Brent and her husband, Mr. Giles Brent; the case thus managed; she petitions the Governor and Council, setting forth his inhumane usage, upon which Petition, the Court orders her to live separate from him and he to allow her a maintenance, according to his quality and estate and to make his appearance at the next General Court, before which Court he died and so no further proceedings therein Mr. Newton can given you a full account of his cruelty and barbarity toward her and has evidences ready to prove, therefore I advised him to consult you for the manner of proceeding therein, and earnestly request you will assist him in it. It cannot properly be called a divorce, but a separation rather, for I find in Cooke on Littleton folio 235, several sorts of Divorces a Vinvulo Matromonii, but Divorces propter Saevitiam and cause Adulterii are more properly separations, because no Dissolutions a Vinculo Matromonii but only a Mensa et thoro, and the Coverture continues and consequently a maintenance allowed her and dower after his deceased, as is plentifully set forth by those that treat thereof. You may find one precedent in Cooke Car. fo. 461-462 between Porter and his wife, whereupon prosecution it was decreed, Quod propter Sevitiam of her said husband and c. I question not but you are furnished with precedents of like nature, therefore your assistance and advice in this affair is desired by----Sir, Your W. ff.
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1654-1800 Westmoreland County, Virginia Wills [Augusta B. Fothergill]; Page 14
TUCKER, JOHN, 5 May 1671; 31 May 1671.
To my two daus. Sarah and Rose Tucker when they are 17 years old;
to the child my wife now goes with;
my eldest son;
my wife Rose to be exx.
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1668-1671 Westmoreland County, Virginia Deeds-Wills No. 1, Part 1; [John Frederick Dorman];
Page 81a [D&W 1, p. 386]. Will of John Tucker, being very sick and weake, dated 5 May 1671.
Unto my two daughters Sarah and Rose Tucker 5000 pounds of tobacco to each to be paid upon theire day of marriage or when they come to seventeene yeares of age.
Likewise 5000 pounds of tobacco to the child my wife now goes with, provided it be a girl. In case the child dies the 5000 pounds of tobacco to returne to my wife.
In case it proves a boy and lives, then my plantation and land whereon I now live to be equally divided betweene my two boyes, only my eldest sonn to have the first choyce (my wife injoying the plantation as long as she lives).
The mares to be equally divided amongst my foure children. One cow with calf by her side unto my Godson Sutton Quaney [Queeny] to be delivered in April ensueing the date hereof.
Unto my loving wife Rose Tucker all the rest of my estate. Capt. Tho. Philpott and Mr. Richd. Kenner my very good friends to be overseeres. My wife executrix.
I entreat my loving friend Mr. Kenner and his wife to take charge of my eldest daughter Sarah until she comes to age.
Unto Capt. Philpott and Mr. Kenner ten shillings per man to buy them a hoope ring for my sake.
John Tucker
Wit: John Bond, John (X) Olliver.
31 May 1671. Proved by John Bond and John Olliver.
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1670-1674 Westmoreland County, Virginia Deeds-Wills No. 1, Part 2; [John Frederick Dorman];
Pages 142-142a. 28 Jan. 1672 [1673]. Thomas Garrard Esqr. of Westmoreland County to John, Gerard, Sara and Rose Tucker, children of the deceased Mr. Jno. Tucker in the county aforesaid begotten by him on my now loving wife Mrs. Rose Garrard, when they shall come to the age of eightene yeares. For good will. Four Negroes named Franke and his now wife Joane, Tobie and Rose a yong girl.. Also three kinde with calfe or calves by there sides. To each of the two sons Jno. and Garard Tucker a fether bedd and whatever houshold furniture did belong to there deceased father John Tucker to be equally devided betwixt the two daughters Sara and Rose Tucker.
To continue in the possession of me for the mainatanance of the children; from the decease of Tho: Oarard to be in the
custody and tuittion of my wife Mrs. Rose Garard.
Tho: Garrard
Wit: Jno. Waugh, Jno. Gerrard, Jno. Cooper.
26 Feb. 1672/3. Acknowledged by Mr. Jno. Waugh attorney
of Mr. Tho: Gerrard.
28 Jan. 1672 [1673]. Tho: Gerrard esqr. make my well belove4
freind Jno. Waugh my attorney to acknowledge a deede of guift
given by me in favour of the children of the decease Jno. Tucker
Tho: Gerrard
Wit: John Gerrard, Jno. Cooper.
26 Feb. 1672/3. Recorded.
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Early Colonial Settlers of Southern Maryland and Virginia's Northern Neck Counties
Bef 1661 - 