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Bartholomew Stovall II and Mary Hughes

HUSBAND:
Bartholomew STOVALL II.
Born (in 1698-S5)(in 1698 to 1699-S7)(in 1699-S2,S3,S5,S6)(in 1707-S3,S5)(about 1708)(in 1708-S4) in Henrico County, Virginia; son of Bartholomew STOVALL and Ann BURTON.

A bounty for four wolves' heads paid to him by the Henrico County Court on 18 November 1721 confirms that he was of age by that date. Because he is not mentioned by name in the surviving fragments of his father's will, it was wronqly believeed by many that he was among the younger children of the immigrant; the rediscovery of his deposition, of historical interest in any event, requires a new assessment of this view. (S7).

He makes several appearances in Goochland County court records. On 17 September 1728 payment to him for attendance as a witness was directed.[89] He served on the jury with his brother George which awarded judgment to Luke Wiles in an action for debt against the executors of Thomas Atkinson. (S7).

He had patented 400 acres in Goochland County with Thomas Walker on 27 September 1729. (S7).

He sold 100 acres for 20 to John Quin on 15 December 1729 without the participation of a wife; on 21 March 1730-1731 his wife Mary did join in the sale of 200 acres sold by her husband and Thomas Walker to George Daviss, indicating that he married her in 1730. (S7).

He married Mary HUGHES [F401] (in 1724-S3)(about 1730-S5)(before 21 March 1730-1731-S7).

On 18 May 1731 he behaved "rudely" in court and was put into the stocks for an hour and fined, but this was clearly not held against him, for on 21 March 1731-1732 he took the oath of a constable. (S7).

On 28 September 1732, there followed two more patents, one to him alone for 250 acres on Stovall's Creek adjoining lands of his brother George,[92] the other to himself and his brother John [not so called in the patent] of 200 acres on Stovall's Creek. On 17 August 1733 he patented another 250 acres in the same area. (S7).

On 7 October 1734 he and his brother John sold 100 acres of the land they had patented for 5 to Edmund Toney by lease and release, the wives of both participating. On 2 October 1736 he was a witness to the will of his step-father John Sanders. He appeared on the list of Goochland County tithables by John Cox in 1734 with 4 tithables, and on the list dated 30 July 1736 of John Twitty with the number of tithables not shown, but probably still four, since when he appears on Stephen Bedford's list of 1746 four tithables are recorded. On 27 July 1747 he was called with others to procession in Southam Parish. (S7).

In 1774, John Stovall (in Granville Co., NC) sells his interest in his fathers original land patent of 1732 of Cumberland County, Virginia.

He witnessed a deed from his step-brother John Hyde Sanders to Allen Howard on 10 July 1740[103] and a bond by William Lax on 19 February 1740/1.[104] On 12 January 1746/7 he patented 400 acres in Amelia County south of the Appomattox River[l05] but not long thereafter, on 20 November 1747, he sold this tract to James Hill for 20, his wife Mary renouncing dower.[106] Evidently he intended that his interests remain in the same area, near where he was born, and they always did; it was not his fault that he began his life in Henrico County but ended it in Powhatan County, living meanwhile in Goochland and Cumberland Counties, yet never moving far from his birthplace.

In 1746 he made two petitions to the court for permission to build a water grist mill, and both were granted.[107] On 21 May 1746 he repurchased from John Quin for 12 the 100 acres bought by Quin in 1729.[108] On 17 January 1746/7 he bought an acre on Solomon's Creek with full privileges to build on it a grist mill from John Frankling, Thomas Learwood signing by mark as a witness.[109] He makes his last appearance on the Goochland County tithables lists in 1748, sharing 6 tithables with Samuel Cocker;[110] he is not on the 1749 list. On 23 August 1750 he received 559 pounds of tobacco for 13 days' attendance from Cumberland County as a witness at Goochland County Court, as well as 6s6d for 13 days' ferriage.

In Cumberland County his land transactions were fairly numerous, some of them between family members. On 2 8 January 1754 he sold three acres on Solomon's Creek to John Alexander and John Franklin for 15, his wife Mary renouncing dower, but retaining privileges to grind at the mill. Twice he conveyed land to his son Bartholomew (Jr.); on 25 July 1757, "for his better maintenance", he gave him the 200 acres on which his son then lived, part of the 250 acres patented to him in 1732, then, the son having sold the land in five years, on 28 September 1772, without participation of his wife, the father sold the son a further 100 acres for 100.[114] On 27 December 1762 Bartholomew Stovall sold 50 acres in Southam Parish, probably the rest of the patent of 1732, for 30 to James Taylor. On 28 March 1763 he gave 50 acres, part of his home plantation, to his daughter and son-in-law, Anne and George Gaddy, for their lives, with remainder to their son Bartholomew Gaddy. On 25 May 1774 he bought for 5s (a nominal consideration) from [his brother] John Stovall the latter's rights in the remaining half of the 200 acres patented jointly by them in 1732, Edmund Toney being then in possession of the land.

He was active in litigation in Cumberland County Court and one lawsuit reveals the existence of a daughter and grandchildren previously unknown. Actions against Margaret and Samuel Phelps were dismissed on demurrer on 29 August 1753.[118] On 29 May 1754 he was paid 175 pounds of tobacco for seven days' attendance at a trial.[119] On 27 January 1755 he obtained a verdict for 356 against William Toney for conversion, the first in a series of legal battles with his son-in-law.[120] Toney struck back by obtaining a judgment on 23 May 1758 against Bartholomew for the breach of some unspecified obligation relating to the marriage of Toney to Elizabeth Stovall.[121] Bartholomew's motion to arrest judgment failed and judgment for 54 was entered against him on 26 June 1759.[122] Not prepared to give up, Bartholomew posted security, with his son Bartholomew (Jr.) as surety, and on 23 July 1759 obtained what modern lawyers would call a preliminary injunction to stay enforcement of the judgment.[123] Whatever the claim of Toney may have been, it clearly involved the interests of his childron by Elizabeth, for on 23 August 1763 Bartholomew (Jr.) was permitted to file a bill of interpleader on behalf of Mary Ann and Elizabeth, infant daughters of William and Elizabeth (Stovall) Toney.[124] After many delays all the matters, in dispute were heard together and resolved on 23 October 1764.[125] Bartholomew agreed to pay Toney a lifetime annuity of 4 and to settle upon his grandchildren a slave and the slave's four children, subject to the annuity.

Meanwhile, Bartholomew was active on other fronts as well. On 22 July 1751 he witnessed the will of James Barnes.[126] On 12 August 1755 he appraised the estate of Joel Chandler, father of his son-in-law David Chandler.[127] On 31 August 1755 he took up a grey mare.[128] On 26 October 1762, a dispute having arisen between him and Morrel Allen about the value of some work done for him by Allen, it was agreed that two assessors would view the work and report to the court; the account was settled at 18s and the petition dismissed.[129] On 29 April 1767 Bartholomew appraised the estate of John Holt.[130] On 23 November 1767 he requested leave to "turn" part of a road.[131] His deposition in April 1772 with respect to Indian children brought into the county by Henry Clay in September 1712 has already been noted.[79] His continuing vigor, which seems also to mark the careers of three of his brothers, is shown by the action in detinue brought by him against Isaac Bates; several times adjourned, it was finally dismissed on 25 May 1778 by virtue of his death.

The first conveyance in the deed books of the new Powhatan County was a "will substitute" made by Bartholomew Stovall on 25 December 1776 (when its maker was still a resident of Cumberland County).[134] He gave his son John five Negroes and the 200 acres that Bartholomew then lived on. His grandson Abraham Stovall was given a Negro man and a desk. His daughter Anne Geddy received a Negro woman and his granddaughter Mary Geddy a Negro man. His daughter Mary Chandler received a Negro woman. The residual estate was divided into four parts for his sons Bartholomew (Jr.) and John and his daughters Ann Geddy and Mary Chandler. [His grandchildren, daughters of William and Elizabeth (Stovall) Toney, had already been provided for.] He retained for himself and his wife Mary a life estate.

He was still living on 21 August 1777 when he filed a petition with the Powhatan County Court for permission to build a grist mill,[80] but he was dead by 16 October 1777 when, his widow Mary declining to administer his estate, letters of administration were granted to his son Bartholomew (Jr.), bond 2,000, sureties James Pleasants and Creed Haskins.[81] On 28 August 1780 Bartholomew (Jr.), as administrator, and his mother Mary sued Isaac Bates, John Woodson and James Pleasants in chancery in Cumberland County Court. The grounds do not appear from the court order book. The action was at once dismissed against Pleasants by consent[135] and on 27 November 1780 dismissed against the rest for failure to prosecute.[83] Perhaps the case was settled. This is the last record we have of the widow Mary (---) Stovall alive. She was almost certainly dead by 15 September 1785 when Edmund Toney and his wife Agnes sold to John Toney the land on which Mary had been living and which had been sold to Edmund Toney subject to her life estate, without further reserving her rights.

He died (on 17 July-S2,S6)(between AUG and OCT) of 1777 in Powhatan County, Virginia.

WIFE:
Mary HUGHES.
Born (in 1703-S4)(in 1710-S6), of Goochland County, Virginia; daughter of Mr. HUGHES and Sarah.

She married Bartholomew STOVALL II about 1730.

She died (on 15 September 1785-S6) in Powhatan County, Virginia.

CHILDREN of Bartholomew STOVALL II and Mary HUGHES:


SOURCES:

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