Friday, May 28, 2010

Marriage License of Samuel Carnes and M Mary Looney

Marriage license transcription for Samuel Carnes and M Mary Looney by John B Wade:

Franklin County

To any Judge Justice of the Inferior Court Justice of the Peace or minister of the gospel you are hereby authorized to join in the holy state of matrimony Samuel Carnes and M Mary Looney according to the constitution and laws of this state and for so doing this shall be your sufficient license given under my hand this 19th day of January 1845

Thomas King CCO

Franklin County

I certify that the above named parties were duly joined in matrimony by me this 19th day of January 1845

John B Wade MG

Thursday, May 27, 2010

Samuel Carnes (1817-1898) Tombstone

Samuel Carnes married M Mary Looney 19 Jan 1845.

Inscription on Samuel Carnes' tombstone, Samuel Carnes Cemetery, Hart County, Georgia:

SAMUEL CARNES                                                                   

Co. 4E Regt. Inf. GA Res.

Confederate States Army

1817 1898

Saturday, May 22, 2010

Lawsuit Concerning Waddy and Mary (Lewis) Thomson's estates (1817)

A lawsuit over property brought by the heirs of Waddy and Mary (Lewis) Thomson in Albemarle County, Virginia, 1817. It includes abstracts of Waddy Thomson's Will, Robert Lewis's Will, and the marriage contract of Waddy and Mary before their marriage in 1766.

by Lyman Chalkley
Crenshaw Fretwell vs. Scott, &c.--O. S. 280; N. S. 99--Bill, 1817.

Orator bought land in Albemarle from James Scott, who purchased under a deed of trust by Mary Thompson to John Nicholas and Alexr. Garrett, trustees, and by Scott's direction deed was made to orator. A counter claim has been set up by representatives of Waddy Thompson, viz: Philip Grafton and Ann Lewis Grafton, his wife, of Kentucky; James Poindexter and Mary, his wife, of Kenawha; Jesse Davenport and Susanna, his wife, of Augusta; said James Scott and Mildred, his wife, of near Fredericksburg;

William Poindexter and Judith, his wife, of Bedford. In 1760, Robert Lewis died, testate. By his will his daughter Mary, then Mrs. Cobbs, was possessed of 1,000 acres on waters of Ivy Creek. On 12th December, 1766, said Mary, widow of Samuel Cobbs, being about to marry Waddy Thompson, made marriage settlement with Waddy. Waddy died 1801, leaving above representatives, the issue of said marriage, testate. Mary survived Waddy 10 years.

Will of Waddy Thompson of Albemarle.

Wife, Mary, youngest daughters, Ann Lewis Grafton, Mary Poindexter, Susanna Thomson, Mildred Thomson, and Judith Poindexter; granddaughter, Mary Lewis Slaughter; son, Nelson Thomson, deceased; daughter, Sarah Lewis, wife of John Lewis; daughter, Elizabeth; sons, David Thomson, Anderson Thomson; Waddy Thomson; brother-in-law, Nicholas Lewis; son-in-law, James Poindexter. Dated 6th March, 1801. Recorded in Albemarle, 1st June, 1801.

Will of Robert Lewis of Fredericksville Parish, Louisa County.
Son, John Lewis, land at North Garden sold by John to Hon. Wm. Nelson, made to John as marriage portion; son, Nicholas Lewis; son, Robert; son, Charles; son, William; four daughters, Jane Meriwether, Mary Cobbs, Mildred Lewis, Sarah Lewis; daughter, Ann Lewis, now wife of John Lewis, land purchased of Capt. Christopher Clark. All his children now living, viz: John Lewis, Jane Meriwether, Aaron Lewis, Nicholas Lewis, Mary Cobbs, Mildred Lewis, Robert Lewis (infant), Charles Lewis, William Lewis, Sarah Lewis, interest in 8,000 acres on Greenbrier in Augusta, his part of 100,000 acres granted to Col. John Lewis of Augusta, testator et als. also 200 acres in Albemarle patented to him 10th March, 1756, joining John Linthers (Sinters). Daughter, Elizabeth Barrett, deceased. His children received legacy from Col. Nichs. Meriwether. Son-in-law, Maj. John Lewis, husband of Mildred of Spottsylvania. Dated 1st September, 1757. Proved in Albemarle, 11th September, 1766.

Marriage contract, 12th December, 1766, between Waddy Thompson of Louisa; Mary Cobbs of Albemarle, and William Lewis, both been formerly married. Recorded in Albemarle, May, 1767.

THOMPSON vs THOMPSON (Albemarle County, Virginia 1820) Estate of Mary (LEWIS) THOMPSON

A lawsuit brought by the Administrator of the Estate of Mary (LEWIS) THOMSON for her heirs against the Executor of the estate of Waddy THOMSON. The court decided for her heirs and said they should receive rent monies for past usage of Mary LEWIS' lands, which were not included in Waddy THOMSON's estate.

Virginia Reports, Jefferson-33 Gratton, 1730-1880, Argued and Determined in the Supreme Court of Appeals of Virginia by William Munford, by Thomas Johnson Michie; Thomas Jefferson; Peachy Ridgway Grattan, 1904, The Michie Co. [online on Google Books]

Thompson's Administrator vs. Thompson's Executor

Decided, March 4th. 1820.

Deputy Sheriff—Administration of Estate—Submission to Arbitration.*—The deputy of a Sheriff to whom administration of the estate of a deceased person has been committed, is not authorised to submit to arbitration a suit revived in the name of the Sheriff as administrator, to which the deceased, in his llifettme. was a party as are put in after his death, the executors, (in a case where the common law rule governs.) should be charged a reasonable rent for the land, to be paid to the persons entitled in reversion or remainder, according to their several rights.

Mary Thompson widow of Waddy Thompson, filed a bill in Chancery in the County Court of Albemarle in September 1805, stating that, by a marriage contract, dated the 12th of December 1766, and recorded in May 1767, all the estate which the said Waddy Thompson might claim in her right under the Will of Samuel Cobbs her first husband, was vested in William Lewis as trustee for the use of herself and her heirs forever; and all the estate which she claimed or then had under the Will of her father Robert Lewis, was vested in the said William Lewis, in trust, for the use of the said Waddy Thompson and herself during their lives and the life of the longest liver; and, in case hp should die without issue by her, *then the said estate was to return and be vested in her in the same manner as she then held it; but, if she should die leaving only one child, she was to have a right to dispose of one half; or, if two or more children, of one third part, in fee simple:—that the true meaning of the contract was, that, in the event of her being the survivor, she should enjoy the whole during life:—that Waddy Thompson died in March 1801; having, by his Will, but not intentionally, made a different disposition: that Waddy Thompson, executor of the deceased, insisted that the crops made that year were assets in his hands, although the plaintiff was entitled to them under the marriage contract, by virtue of which her interest, for her sole use and benefit, vested at his death; and especially, because, at least one half of the hands employed on the plantation of the decedent were of her own estate:—that, at the time of her said husband's death, she had issue by him five daughters:—that, after his death, and during the year in which he died, a considerable crop was made on the land which was in his occupation at the time of his death, besides a crop of tobacco, on hand, of the preceding crop, all which came to the hands of the executor, who refused to allow her any part for the maintenance of herself and two daughters living with her.

The Bill therefore prayed an account to be rendered by the said executor; and for such decree as might be agreeable to equity.

The defendant, by his answer, referred cree, and directed the bill to be dismissed with costs:—from which last decree the plaintiff appealed to this Court; and, afterwards, upon her death, the cause was revived in the name oi Rice Garland, Sheriff of Albemarle County, to whom administration of her estate was committed.

Stanard and Call for the appellee, moved that he be permitted to file a plea here in the following words; viz.:—"And the appellee Waddy Thompson executor of Waddy Thompson, by his attorney, comes and
says that the appeal prayed by Mary Thompson from the decree of the Superior Court of Chancery for the Richmond District, atjd which now depends in this Court in the name of Rice Garland as her administrator, (the same appeal having1, since the same was prayed, abated by the death of the said Mary Thompson, and been revived in the name of her said administrator,) ought not to be farther prosecuted by the said administrator against the said appellee ; because he says that, after the decree from which the said appeal was prayed, and the said appeal had been prayed and allowed, and after the death of the said Mary Thompson, administration on her estate was duly committed to the said Rice Garland as Sheriff of Albemarle, by the order of the County Court of Albemarle; and George W. Kinsolving, being the duly qualified deputy of the said Rice Garland, took upon himself, (as rightfully he might as deputy aforesaid,) the administration on the estate of the said Mary Thompson, with the knowledge and full assent of the said Rice Garland; and, being so qualified and acting as the administrator of the said Mary, with full authority from his said principal to act, in all things touching the same, with like effect as his said principal could, afterwards, to wit, on the 6th day of April in the year 1313, the said George W. Kinsolving as administrator aforesaid, and the said appellee, by their bond, sealed with their respective seals, and now to the Court here shewn, did mutually and interchangeably bind themselves, each to the other, in the sum of *one thousand dollars, to
be paid when thereto required, with a condition there underwritten, reciting the facts, of the said decree of the Superior Court of Chancery for the Richmond District; the appeal therefrom by the said Mary Thompson, and her death; and stating that the said George Kinsolving administrator of the said Mary Thompson, and the said appellee had by mutual consent referred the matter in controversy to the decision of Samuel Shelton, Charles Yancey and William Woods, and to abide by their award, to be binding on them as if determined in the regular course of law; and, in that event, if the party against whom the award should be made, should abide thereby, then the said obligation to be void, else to remain in full force: and the said appellee avers, that the said referees did take upon themselves the burthen of the said arbitrament, and did, thereafter, to wit, on the 6th of April 1813, at the County of Albemarle. in the presence of the parties to the said submission, in pursuance of the said submission, arbitrate and determine of and concerning the matter in controversy in the said appeal, and did then and there award and determine that the said Mary Thompson was not entitled to any part of the crop made, in the year 1801, on the land held by her deceased husband Waddy Thompson the testator of the appellee; the said year 1801 being the year of the death of her deceased husband, and the crop made that year, claimed by the said Mary, being the matter in controversy in the said appeal; and they did farther award, that the said George W. Kinsolving should pay the appellee the costs by him expended in the said suit, in which the said appeal was prayed, up to the time of the said award; which award, subscribed by the said arbitrators, is also to the Court here shewn, and of which the said George W. Kinsolving then and there had notice; by reason of all which premises, the said appellee says all manner of error and errors, defects and imperfections, done or suffered, in or by the said decree, were removed, destroyed and released, and the said representative of the said Mary "Thompson disabled from urging the same on the said appeal; all which the said Waddy Thompson is ready to verify.''

Upon the motion to receive this plea, the following was the Court's opinion.

The Court, not deciding whether a plea, such as that offered in this case, would have been proper in this Court, had the alledged submission been agreed to by Rice Garland the Sheriff, who is the party to the suit now depending, is of opinion that the Deputy Sheriff had rib right to make the submission; and therefore the plea offered is rejected by the Court. The case is therefore to come on, upon it's merits.

After argument, by Wickham for the appellant, and Stanard, Call and John Robertson (Attorney General,) for the appellee, JUDGE ROANE pronounced the opinion of the Court as follows:—

The Court is of opinion, that the provision contained in the 54th section" of the Act concerning Wills, &c. (R. Code of 1819, 1st vol. p. 388,) and which provides that the Emblements, severed between the 1st of March and 31st of December in any year, shall be assets in the hands of the executors, does not apply to this case, if it applies to the case of lands held for life only; it being a new provision materially affecting the rights of the parties, and introduced into our Code subsequently to the execution of the marriage contract in the proceedings contained:—but the opinion of the Court is, that the principle of the common law in relation to Emblements, and which is in some respects more favourable to the representatives of the tenant for life than the provision of that section, is to govern in this case; it being wholly unimportant whether the husband holds in right of his wife by virtue of a marriage contract, or by the general principles of law. That principle gives to the executors such emblements, and such only, as were seeded in the lifetime of the tenant for life:—but, in relation to such crops as were afterwards put in, the Court is of opinion that, in the case which has happened, the executors should be charged a reasonable rent for the land, to *be paid to the wife and the children, according to their several rights accruing on the death of the husband, and for which purpose the said children ought also to have been made parties.

The Court is farther of opinion that, as the provision contained in the 53d section of the said Act. was in force at the date of the contract aforesaid,(1) it concludes the said wife and children from demanding any hires for the slaves remaining on the land at the time of the death of the testator, but that the same were to continue thereon until the end of the year.

Both decrees are to be therefore reversed with Costs, and the cause remanded to have the requisite parties made, and the cause finally proceeded in, pursuant to the principles of this decree.

Thursday, May 20, 2010

Obituary of Elizabeth Sydnor (ANDREW) DAVENPORT (1800-1888)

Obituary of Elizabeth Sydnor (ANDREW) DAVENPORT (1800-1888)

Mrs. Elizabeth Sydnor Davenport was born in Elbert County, Ga., October 28, 1800, and died in perfect peace, October 10, 1888, in Campbell County, Ga., where she had lived since 1830. She was the daughter of Rev. John and Mary O. Andrew, and was the last [surviving] of nine children, six daughters and three sons, one of whom is our now glorified Bishop James Andrew of precious memory. She was married to William Davenport, December 10, 1818, by Rev. Gabriel Christian, and survived, in much feebleness, her husband, about nine years. Her educational advantages were few but possessing a strong natural mind, being a lover of books and a constant reader of current literature, particularly that of her church, she developed into more than ordinary intelligence. Converted in childhood, she joined the Methodist Church and lived seventy-three years in its fellowship. Her Christian life was beautiful, devoted to her church and the cause of Christ, she kept all religious interests well in mind. She was hopeful and looked with great faith for the triumph of Christ's Kingdom, and when, because of infirmity of age, she could not attend the public meetings, she wrestled in prayer for the power of the Holy Ghost upon the preacher and congregation. She was affectionate as a mother, and faithful as a wife, but she was fond of the Bishop especially, and watched with amazing interest the points in his life that identified him with the history of the church. Left, as she felt, almost alone in the world, because of the death of the friends of her youth, she became quite taciturn toward the last, but when she did talk it was in beautiful expressions of soon being with the saints in rest. Hers was a life of prayer, of usefulness and of trial, but also of triumph.

Jno. M. Bowden. [from the Wesleyan Christian Advocate Atlanta), Jan. 23, 1889]

Obituary of William DAVENPORT (1796-1877)

OBITUARY of William Davenport (1796-1877)       

WILLIAM DAVENPORT was born in Oglethorpe County, Ga., September 8, 1796; and died in Campbell County, Ga., March 28, 1877. The subject of this notice was married to Miss Andrew (sister of our late bishop [James Osgood] Andrew), who still survives him, and with whom he lived a devoted husband, a bright and shining light in the interests of Church and country. He possessed in a rare degree practical common sense, and an inquiring mind, added to a fair education, that kept him well informed as regards the great political, literary, and ecclesiastical movements of the age. He liked to read. In his house the minister of Jesus could not only find a home, but books of theology and early Methodism. He was wise in counsel, and his great soul was felt in the correctness and cogency of his admonitions. To use his own language, he was "born with an unusually incredulous heart, and for several years made an honest effort to be an infidel." In 1824 he attended the Salem camp meeting, in Clarke County, Ga. At a night service, as he approached the stand, Dr. Lovick Pierce rose and with unusual emphasis read Charles Wesley's hymn, beginning, "Stay, thou insulted Spirit, stay," which produced a strange feeling in his heart. The text was Rom. xi:22 – "Behold the goodness and severity of God." When the sermon closed the last fragment of infidelity was gone, and he, for the first time seeing himself a lost and ruined sinner, knelt for prayer and called on God to be merciful. At that meeting he was converted, and joined the Methodist Episcopal Church, in the communion of which he lived a faithfull and useful member to the end of his life. His views of the plan of salvation were more than ordinarily clear and correct. Although brightly converted, he was often in great doubt and Darkness, which he ascribed to not coming to Jesus when he was a child. But withal, he had the true, Scriptural idea of trust in God. He was an invalid for about six years – for ten months confined to his bed. During all these years of gloom he wrestled in prayer to God for unmistakable assurance of his acceptance with God. Fifteen months before his death, when bathed in penitential tears at the mercy seat for the witness of the Spirit, he said, "If I have never again have it, and am finally lost, I will tell the enemy till doomed, I still trust God." O, how grand such faith! At last the cloud lifted, the shadows fled, and he exclaimed, "My God is reconciled," etc. He never had another doubt – praised God all the time- often saying "Hallelujah" – "Glory be to God" – "Happy, so happy" – "Bright, bright." He had always been devoted to the Sunday-school, the children, and young people, but now he exhorted them, and all who came near him, to meet him in heaven, and not to be discouraged though satan should pursue them to the gates of the city. He had reached "through great tribulation" faith's beatitude in sight of the Jordan, and there rejoiced in hope of an entrance being administered unto him that would be all the sweeter because of the afflictions. His departure was ecstatic. As the ship loosed its moorings he exclaimed distinctly, "Heaven, sweet heaven;" "Farewell;" "Glory, Glory:" and "was not, for God took him."

John M. Bowden [from the Wesleyan Christian Advocate (Atlanta), unknown issue in 1877] Shortened version ran in Southern Christian Advocate 5 Jun 1877.

Tuesday, May 18, 2010


Last Will and Testament of Dicey Kennedy (Canady) Davenport
Campbell, County, Georgia, August 4, 1834

In the name of God Amen. I Dicey Davenport of the county & state aforesaid being weak of body but of sound mind memory (revoking all others) do make and ordain the following as my last will and Testament.

First I give and bequeath to my Beloved GrandChildren James Warren, John Milton, Harriet Amanda, William Jesse & Charles Warren & Robert Early the Children of my Beloved Son Lovett (Jouett) Davenport an equal interest in a Negro Woman Hannah Secondly, I give & bequeath unto my beloved Grand Children Overton Fletcher, Eliza Garland, Matilda Ann, Dicey Sarah, James Thomas Lovett Harbirt, John Andrew & MaryOverton the children of my Beloved Son William Davenport an equal and joint interest in my negro woman Sarah & her child Amy and it is my will and desire that the said negroes should be subjuct to the control and management of my said two sons respectfully until such time as the youngest child of either comes of age then the said negro woman Hannah to be sold & the money equally divided unless she should have a child or children & in that case they may be divided or sold & divided as my said son Lovett may think best and when the youngest child of my said son William shall become of age then my will is that the said Negro Sarah and child Amy with any increase that may be shall be equally divided amongst the children of my said son William

But as the said negro woman Hannah is at this time as I understand ________ ________ by virtue of any execution from Clark County and may sold under said executions my will & desire is that in case she should be sold that all the above named children of both my sons aforesaid shall be jointly and equally interested in the remaining negroes and it is my will and desire that my two beloved sons Lovett Davenport and William Davenport be the executors of this my Last will and Testament and likewise that they equally divide between themselves the remaining part of my property & that they sell acertain Lot of Land lying in this county to wit number Thirty five in the first District (formally Carroll) in such manner and at such time as they may judge proper and divide the money between themselves

In Testimony whereof I have hereunto let my hand & seal this fourth day of August one thousand eight hundred and thirty four

Test Dicey Davenport
Thomas B. Watts L Berry Watts Hugh Longino


Personally Appeared before us Johnson (?) County B. Thompson and David D. Smith Justices of the Inferior Court of Said County Berry Watts and Hugh Longino who after being sworn saith on oath that they saw Dicey Davenport sign the within will for the purposes therein contained and that at the time she assigned she was of sound mind Sworn to us Subscribed
L BerryWatts
Before us this 1st January 1836
Hugh A. Longino, P. B.Thompson J.J.C David D. Smith J.J.C., S. P. Bonion (?) C.C.O.

Will of William Hewell

Will of William Hewell
9 Sep 1818
Oglethorpe County, GA, Will Book B, pages 166

In the name of God amen. I William Hewell of Oglethorpe County Being in my perfect senses do make & ordain this as my last will and Testament --- First my will & desire is that my son Jas D Hewell (Should he live to return from the army) have my beast & saddle & all my carpenters tools of every description for money lent & services done heretofore.

2ndly, my will  & desire is that my beloved wife Susannah Hewell have one Bed & furniture during her life.

3rdly my will & desire is that all the residue of my property be sold & all my just debts be paid, & the overplus be equally divided among my four children (to wit) Frances Rosberry Charlotte Pass Jas D Hewell and Susanah Davenport –

4thly I appoint Wyatte Hewell & Jouett Davenport my executors to this my last will & testament revoking all others, to which I hereunto set my hand & seal this 9th day of Septr 1818

Signed and acknowledged In presence of

William X Hewell

John Andrew
Gabriel Christian
Josa Ragan

Probate of will follow:
State of Georgia }
Oglethorpe County }

You John Andrew & Josa Ragan do solemnly sware that
you saw the within named William Hewell sign seal
publish & declare the within Instrement of writing to be his last will &
testament & at the time of his so doing he was of sound mind & memory to the
best of your knowledge & belief, so help us God

John Andrew
Josa Ragan
NB Ragan did not see him sign
But heard him declare this his will
Sworn to & subscribed in open
Court novr term 1818
Ordered to be recorded
MaRainey C. C. O.
Recorded the 6th of November 1818
MaRainey C.C.O.

suanj  originally submitted this to Turkett/Johnson Family Tree on 8 Aug 2009 on

Sunday, May 16, 2010

Abstract of Will of Martin DAVENPORT (24 May 1735 Hanover County, Vriginia)

Virginia Land Records, Gen. Pub. Co., Baltimore, 1982 p 82 and 99, Records of Hanover county, The Small Book, 1734-5:

May 24, 1735 Martin Davenport's Will. sons David, James Martin, and Wm Davenport (best land in King Wm) my father Davis Davenport decd. Wife Dorothy Davenport administrator, security Paul Harrelson.

Will of James DAVENPORT (01 Dec 1803 Oglethorpe County, GA)

Transcription of the Will by SharonDavenport60 on 1 Jan 2010:

Transcription of the Will of James Davenport by SharonDavenport60 on 1 Jan 2010:

Will of James Davenport 01 Dec 1803 Oglethorpe County, GA

In the name of God Amen -

I James Davenport of the County of Oglethorpe and state of

Georgia being of sound mind and memory, do make constitute, and

appoint this my Last Will & testament, in manner & form following that is

to say, first -

I give my beloved wife Frances Davenport one negro girl Amelia

with her futer (sic) Increase, with all my household & Kitching (sic)

Furniture to her, her heirs & assigns forever.

Secondly, I give to my son John Davenport one negro boy Cart

to him his heirs and assigns for ever -

3rdly I give to my son James Davenport the tract of land

whereon he now lives, to him his heirs & assigns forever -

4thly I give to my son William Davenport five hundred Dollars in

lieu of & for money advanced me; & other services some years past, & if

the aforesaid sum of five hundred Dollars should not be sufficent, when

an Equaltable adjustment can be obtained, including the Interest of the

money advanced - it is my disire that a sufficent sum be drawn, out of

that part of my Estate lent to my beloved wife, at her death as shall be


5th I lend to my beloved wife Frances Davenport, all my Estate

of every kind whatsoever both real & personal (not heretofore Disposed

of)during her natural life; and at her Death to be equally divided,

amongst my children William, & Jesse Davenport, one sixth part each of

what there may be at my said wifes Death, to them, their heirs & assigns

for ever -

I also give to my three daughters Susanah Hewell Frances

Hewell & Henritta Johnson one sixth part each of what there may be at

my said wifes death During their natural lives & at their or either of

their Deaths their or either of their parts to be divided amongst their

respective children & their heirs & assigns forever

Lastly I do nominate & appoint my beloved wife Frances

Davenport Executrix John Davenport & Jesse Davenport - Executors of

this my last will & testament hereby Revoking all others heretofore by

me made; in testamony whereof I have hereunto affixed my seal &

subscribed my name this first Day of December 1803

Signd & seald & acknowledged " Jas. Davenport

in prisents of ---

Wm. Harvie }

J. W. Moore } Recorded Feby. 3rd day 1804

Wm. Moore }

Will of Francis (JOUETT) Davenport

Some Georgia County Records Vol 2, Rev. Silas B. Lucas, Jr., Southern Historical Press, 1977, Easley, SC, Will Book B p. 14, will abstract:

Francis Davenport of Oglethorpe Co. Last Will and Testament dated July 24, 1820; probated March Term, 1822. He gives his slaves to his five grandchildren, viz., Richard Rosbery's son John; Jesse Howell's son John; Joliett Davenport's daughter Mary Frances; Jesse Davenport's daughter Mary Francis; and John Poss' daughter, Francis, when they become of age or marry. He gives his son Jesse Davenport the homeplace where "I now live," provided he moves to this State. Executors: Hezekiah Luckey and Joliett Davenport

[Note: The abstractor put "he" and "him" but Francis is female, the widow of James Martin Davenport]

James DAVENPORT's Will (recorded 3 Feb 1804)

Two abstracts of James Davenport's Will.
Some Georgia County Records Vol 2, Rev. Silas B. Lucas, Jr., Southern Historical Press, 1977, Easley, SC, p. 131-2, will abstract:

James Davenport of Oglethorpe Co. To my beloved wife Francis Davenport one Negro girl Amelia, & furniture. To my son John Davenport one Negro boy Carr. To my son James Davenport the tract of land where he now lives. To my son William Davenport $500 in lieu of, and for money advance me, and other services some years past. At my wife's death the remainer of my estate to be divided among my children, one sixth each to sons James, William, and Jesse Davenport, and my daughters, Susanah Hewell, Frances Hewell, and Henrietta Johnson. Exor: Wife Frances and John, James, William and Jesse Davenport. Dated 1 Dec 1803. Signed: Jas. Davenport. Wit: Wm. Harvie, Jno. Moore, Wm. Moore. Rec. 3 Feb. 1804.

Oglethorpe Co. (GA), by Sarah Quinn Smith, 1962, Wills: Will Book A, p 131

pg. 14 Abstract of James Davenport will:

Davenport, James. Recorded Feb. 3 1804.

To beloved wife Frances gifts, including all household furniture. To son John Davenport. To my son James Davenport the tract of land he now lives on. To my son William Davenport five hundred dollars and other considerations. Lands to beloved wife Frances all my estate both real and personal during her life and at her death to be equally divided amongst my children hereafter named. I give to sons James, William, and Jesse Davenport one sixth part of residue. To my daus. Susannah Hewell, Frances Hewell, and Henrietta Johnson one sixth part. Exrs: Wife Frances Davenport, John Davenport, James, William, and Jesse Davenport. Wit: William Harvie, J.W. Moon, William Moore.

Saturday, May 15, 2010

The Swan Tavern and Jack Jouett's Ride

The Swan Tavern and Jack Jouett's Ride, written by Teresa McVeigh, 16 May 2010

The Swan Tavern in Charlottesville, Virginia was owned by Capt. John Jouett, Sr. in 1781. He was a Captain in the Virginia State Militia, as was his son, Capt. John "Jack" Jouett, Jr., who later ran the tavern.

In June 1781 British General Cornwallis ordered the capture of Governor Thomas Jefferson and Virginia’s government who had fled Richmond and reconvened in Charlottesville. On the third of June Jack Jouett saw the approach of the British under Lieutenant-Colonel Banastre Tarlton from the Cuckoo Tavern in Louisa County, Virginia. Jack captured a British dragoon and stripped him of his uniform. He rode forty miles through the night on back roads to warn Governor Thomas Jefferson, Patrick Henry, Richard Henry Lee and other members of the General Assembly of the approach of British forces. All along the way he spread the alarm. On the morning of the fourth of June the stopped at Monticello to warn Jefferson's wife and family, only pausing for a glass of Jefferson's Maderia. In his old age he used to laugh and say he would "do it again for a glass of Mr. Jefferson's Maderia." Then he rode on the Charlottesville and warned the Assembly. Eluding capture, most legislators fled to safety in Staunton, Virginia. Tarleton’s men destroyed some court records and military stores, but spared the town from destruction.

One of the Delegates had the narrowest escape of all. General Stevens had been ill at the Swan Tavern. He and Jack Jouett started out on the road to Staunton. Captain Jack had on an officer's cap with a showy plume. General Stevens was shabbily dressed and road on leisurely and unconcerned when they were spied by the British. Jack led the British on a merry chase while the "old farmer" escaped into the woods.

After the War, Jack Jouett was awarded two pistols and and a sword by the Virginia Assembly in gratitude. He ran the Swan Tavern and he and his cronies would smoke pipes and tell tales around the fireplace or out on the large front porch on summer evenings. He moved to Kentucky in the Spring of 1782 and took up a military land grant there in what became Mercer County, Kentucky. Kentucky was then a county of Virginia and he served as elected representative to the Virginia and Kentucky legislatures for five terms. He died 1 Mar 1822 in Bath County, Kentucky.

At some later date, the running of the Tavern was taken on by John Jouett, Sr's nephew, Jesse Davenport, son of his sister Frances Jouett and James Martin Davenport. John Hammond Moore writes in "Albemarle, Jefferson's County" (page 97):

Those who went to Charlottesville on Court Day frequently gathered in taverns....A more convenient rendevous for many was Jesse Davenport's Swan Tavern on Court Square. It was so popular that early in January 1822 the harrassed owner published this sad notice in the Central Gazette:

It was the misfortune of the subscriber to have taken a stand, which from its conveniency to the Court House, and from its rooted habits, for houses have habits, too, was the open and convenient resort of the idle and noisy. He has long known that this was an annoyance to travellers and his friends, and he has attempted to remove it. But he has found that the crowd will gather, whilst the attraction remains, and to root out the evil forever, he has nailed up his Bar-Room. To his friends, to travellers, to the public, he promises in their ROOMS the best of liquors--he promises his ardent assiduity to please, and a calm and quiet house. To those who have patronized his Bar-Room exclusively, he returns his thanks for their punctuality of attendance, and kindly begs them to remember the hearth by which they so often reposed, is without a fire!

Jesse Davenport died 28 Sep 1822 and his family moved to Oglethorpe County, Georgia to take possession of land left to him in his mother's will.

The historic Swan Tavern marker. This photograph is taken from the Historical Marker Database:

Inscription: Site of old Swan Tavern where lived and died Jack Jouett, whose heroic ride saved Mr. Jefferson, the Governor, and the Virginia Assembly from capture by Tarleton June 1781.

Erected 1910 by the Monticello Branch of the Association for the Preservation of Virginia Antiquities.

Location. 38° 1.892′ N, 78° 28.626′ W. Marker is in Charlottesville, Virginia. Marker is on Park Street north of Jefferson Street, on the right when traveling north.

[Note: This marker is incorrect. Jack Jouett later moved to Kentucky and died there.]

Site of the old Swan Tavern, Charlottesville, Virginia. This picture is taken from the Charlottesville city website:
 This townhouse was later built on the site.

Teresa McVeigh 2010