Thomas Moore’s Genealogy Site - Person Sheet
Thomas Moore’s Genealogy Site - Person Sheet
NameJacob Howerton Durham 
Birthabt 1796, Virginia
Deathabt 1857
FatherJames Durham (-1800)
MotherCatherine Howerton
Documentation
A bill of complaint, probably from early 1802, stated:
“To the worshipful Justices of Essex county court sitting in chancery
Humbly complaining shew unto your worships your orators & oratrices George Durham, Lewis Durham Brooke an infant under the age of twenty one years by Lewis Brooke his father & guardian, Caleb Taylor & Nancy his wife, James Durham & Anna Durham, and Susanna, Fanny, Caty, Jacob, Joseph & Polly Durham infants under the age of twenty one years by Wm. Newbill their next friend, that James Durham, late of Essex County, died sometime in the [year] 1800 intestate & seised & possessed in fee simple of a tract of land situated in the parish of south Farnham & county of Essex, containing as your orators suppose between 100 & two hundred acres & leaving Catharine Durham his widow & your orators & oratrices George Durham, Nancy the wife of Caleb Taylor, James, Anna & Susanna Durham his children by his first wife and your orator Lewis Durham Brooke, his grandson born of a daughter of the said James Durham named Rebecca who intermarried with Lewis Brooke & died about the year 1796, which Rebecca was also a daughter by his said first wife and leaving your orators & oratrices Fanny, Caty, Jacob, Joseph & Polly Durham his children by his last wife who is now his widow. And your orators & oratrices further state, that as the said James Durham died intestate, they are advised that the said land descended to them in parcenery subject to the said widow’s dower, and the said widow being possessed thereof they have applied to her in an amicable manner to consent to have her dower assigned to her in the said land & deliver up the residue of the said tract that the same, as well as the reversions of such part as may be assigned to her for dower, may be sold as the same would not sell for as much as would entitled each of your orators & oratrices to £30 — for their respective proportions thereof, which they aver to be the fact, with which reasonable requests they hoped she would have complied with as in equity she ought: but now so it is, may it please your worships, the said Catharine Durham holds possession of the said land & refuses to consent to the same; all which actings & doings of the said Catharine Durham are contrary to equity & manifestly injurious to your orators & oratrices: in tender consideration whereof & whereas your orators & oratrices are remediless in the premises except in a court of equity: to the end therefore that the said Catharine Durham may on her corporal oath true & perfect answer make to all & singular the premises as fully & distinctly as if the same were herein again repeated & interrogated and that the said widow’s dower may be assigned to her in the said tract of land and the residue thereof & the reversion of such part as may be assigned to the widow for her dower therein after the determiniation of her life estate & the money be equally divided between your orators & oratrices…”
[Essex County, Virginia, Chancery Papers, 32-F-13.]
On 19 July 1802, a settlement of the estate of James Durham, deceased, in account with Catherine Durham, widow, was submitted to court by Edward Ware, Chs. Howerton, and Twyman Greenwood. Expenses starting 31 October 1800 include 15 shillings “To paid Roger Shackelford for making coffin”. In the division of the estate, one third part was allotted to Catherine Durham, widow, at £52.6.2-1/2, and an equal share of £9.10.2-1/2 was allotted to George Durham, Nancy Taylor, James Durham, Ann Durham, Susanna Durham, Fanny Durham, Caty Durham, Jacob Howerton Durham, Joseph Durham, Polly Durham, and grandson Lewis Durham Brooks. [Essex County, Virginia, Will Book 16, pages 152–153.]
On 19 November 1835, Jacob Durham witnessed the will of William Taylor, and proved it in court on 20 June 1836. [Essex County, Virginia, Will Book 24, pages 47–48.]
1840 U.S. Census, Essex County, Virginia:
Durham Jacob
2 males 10-15
1 male 15-20
2 males 20-30
1 male 40-50 [this presumably is Jacob]
1 female 10-15 [this would be Louisa]
1 female 40-50 [this presumably is Catharine]
The deposition of Jacob Durham of lawful age taken this 25th of Octr 1834 at Miller’s Tavern Essex County pursuant to the annexed notice—this deponent being first duly sworn deposeth & saith as follows—
Question by Defendant—Were you acquainted with Mrs. Sarah Covington before she died—
Ans. No I was not—
Question by same Did you not live in the neighbourhood where Mrs Covington died, at the time she died—
Ans. Yes I did—
Ques. by same—How far from her house did you live
Ans—About a mile & a quarter—
Ques. by same—How old were you at that time she died—
Ans. I do not know exactly—about 18 or 20 years
Ques—by same—Were you not acquainted with Edmd Covington at the time of Mrs Covington died—
Ans—I was acquainted with him—
Ques by same—Do you know what Edmd Covington was the exor of Sarah Covington decd—
Ans—Yes—
Ques—by same—Were you at the sale of Sarah Covington—
Ans—I was—
Ques—by same—Did not Sarah Covington make a will
Ans—Yes—
Ques—by same—Do you know in what way she willed her property
Ans—To Mrs. Mullins (Francis) Anna Covington Edmd Covington Mrs. Mary Saunders—the wife of Harry Saunders
Ques: by same—Were the negroes only, willed to those persons abovementioned or was the whole estate willed to them
Ans. The negroes were not her’s she could not will them
Ques. by same—What property then did she will away
Ans. Her stock, Household furniture, & plantation utensils
Ques. by same—Did not the persons abovenamed take that property in possession—
Ans—They sold some & divided some—
Ques. by same—Then you suppose the property was distributed among the persons to whom it was willed
Ans. I suppose that part which was left to be divided was divided what was sold I know nothing of—
Ques. by same—You know then that Edmd Covington sold the surpluss property—
Ans. Yes—
Ques. by same—Was the bal: of the property considerable
Ans. Yes there was I believe—something right smart
Ques. by same—Do you know anything of the amt. of acct. of sales—
Ans. No I do not—
Ques. by same who did those negroes belong to that she had in possession at the time she died—
Ans. To Frances Mullins, Anna Covington, Edmd Covington, Mrs. Saunders, Julia Covington, Amy Davis—
Ques. by same Then Edmd Covington had nothing to do with the negroes as Exor.
Ans. he had nothing to do with them—
Ques by same—Did not Mrs Mullins Henry Saunders (the husband of Mary Saunders) & Anna Covington buy the principal part of the est: Edmd. Convington sold
Ans—I do not know
Ques. by same—Could not Edmd Covington had settled with the legatees at any time previous to his death if he had owed them any thing
Ans. I do not know—
Ques. After the death of Sarah Covington was not Mrs Mullins pushed for money—to pay for the building of her house
Ans. I believe she was—
Ques—by same—If Edmd Covington had owed her at that time could he not have paid her—
Ans. I do not know—
Ques. by same—Was it not believed he was in good circumstances at that time—
Ans. I thot he was; but might have mistaken
Ques by same—Were you acquainted with Henry Saunders—
Ans. I knew him when I saw him that was as much
Ques. by same—Did you not understand Mr Saunders about that time was very much pushed for money
Ans. I do not remember any thing of it—
Ques. Do you know whether Mr Jno. Smith had any thing to do with that estate or [illegible]
Ans—He was left exor. but did not [illegible]
Ques. by same Do you know whether or not Mr Smith was Commissioner to settle any part of the business
Ans. I do not—
Ques. From all circumstances that you have heard or known of is it your opinion that Edmd Covington’s est. is indebted to the legatees above named
Ans. Yes I think it is—
Further this deponent saith not
[signed] Jacob Durham
The above deposition sworn to before me a justice of the peace for the county aforesaid this 25th Octo 1834 Given under my hand
Arthur Temple J.P. [Essex County, Virginia, Box Chancery No. 45, item 45-N-19.]
1850 U.S. Census, Essex County, Virginia
Page 72
Durham, Jacob, 54, male, farmer, value of real estate $2,000, born in Virginia
Durham, Catharine, 61, female, born in Virginia
Durham, James, 28, male, laborer, born in Virginia
Durham, George, 26, male, laborer, born in Virginia
Durham, Jacob, 24, male, laborer, born in Virginia
Durham, Louisa, 22, female, born in Virginia
Durham, William, 17, male, laborer, born in Virginia
St. John, Delphia, 90, female, black, born in Virginia, cannot read or write
He is listed as the father of Louisa in her 1857 marriage record.
“To the worshipful Justices of Essex county court sitting in chancery
Humbly complaining shew unto your worships your orators & oratrices George Durham, Lewis Durham Brooke an infant under the age of twenty one years by Lewis Brooke his father & guardian, Caleb Taylor & Nancy his wife, James Durham & Anna Durham, and Susanna, Fanny, Caty, Jacob, Joseph & Polly Durham infants under the age of twenty one years by Wm. Newbill their next friend, that James Durham, late of Essex County, died sometime in the [year] 1800 intestate & seised & possessed in fee simple of a tract of land situated in the parish of south Farnham & county of Essex, containing as your orators suppose between 100 & two hundred acres & leaving Catharine Durham his widow & your orators & oratrices George Durham, Nancy the wife of Caleb Taylor, James, Anna & Susanna Durham his children by his first wife and your orator Lewis Durham Brooke, his grandson born of a daughter of the said James Durham named Rebecca who intermarried with Lewis Brooke & died about the year 1796, which Rebecca was also a daughter by his said first wife and leaving your orators & oratrices Fanny, Caty, Jacob, Joseph & Polly Durham his children by his last wife who is now his widow. And your orators & oratrices further state, that as the said James Durham died intestate, they are advised that the said land descended to them in parcenery subject to the said widow’s dower, and the said widow being possessed thereof they have applied to her in an amicable manner to consent to have her dower assigned to her in the said land & deliver up the residue of the said tract that the same, as well as the reversions of such part as may be assigned to her for dower, may be sold as the same would not sell for as much as would entitled each of your orators & oratrices to £30 — for their respective proportions thereof, which they aver to be the fact, with which reasonable requests they hoped she would have complied with as in equity she ought: but now so it is, may it please your worships, the said Catharine Durham holds possession of the said land & refuses to consent to the same; all which actings & doings of the said Catharine Durham are contrary to equity & manifestly injurious to your orators & oratrices: in tender consideration whereof & whereas your orators & oratrices are remediless in the premises except in a court of equity: to the end therefore that the said Catharine Durham may on her corporal oath true & perfect answer make to all & singular the premises as fully & distinctly as if the same were herein again repeated & interrogated and that the said widow’s dower may be assigned to her in the said tract of land and the residue thereof & the reversion of such part as may be assigned to the widow for her dower therein after the determiniation of her life estate & the money be equally divided between your orators & oratrices…”
[Essex County, Virginia, Chancery Papers, 32-F-13.]
On 19 July 1802, a settlement of the estate of James Durham, deceased, in account with Catherine Durham, widow, was submitted to court by Edward Ware, Chs. Howerton, and Twyman Greenwood. Expenses starting 31 October 1800 include 15 shillings “To paid Roger Shackelford for making coffin”. In the division of the estate, one third part was allotted to Catherine Durham, widow, at £52.6.2-1/2, and an equal share of £9.10.2-1/2 was allotted to George Durham, Nancy Taylor, James Durham, Ann Durham, Susanna Durham, Fanny Durham, Caty Durham, Jacob Howerton Durham, Joseph Durham, Polly Durham, and grandson Lewis Durham Brooks. [Essex County, Virginia, Will Book 16, pages 152–153.]
On 19 November 1835, Jacob Durham witnessed the will of William Taylor, and proved it in court on 20 June 1836. [Essex County, Virginia, Will Book 24, pages 47–48.]
1840 U.S. Census, Essex County, Virginia:
Durham Jacob
2 males 10-15
1 male 15-20
2 males 20-30
1 male 40-50 [this presumably is Jacob]
1 female 10-15 [this would be Louisa]
1 female 40-50 [this presumably is Catharine]
The deposition of Jacob Durham of lawful age taken this 25th of Octr 1834 at Miller’s Tavern Essex County pursuant to the annexed notice—this deponent being first duly sworn deposeth & saith as follows—
Question by Defendant—Were you acquainted with Mrs. Sarah Covington before she died—
Ans. No I was not—
Question by same Did you not live in the neighbourhood where Mrs Covington died, at the time she died—
Ans. Yes I did—
Ques. by same—How far from her house did you live
Ans—About a mile & a quarter—
Ques. by same—How old were you at that time she died—
Ans. I do not know exactly—about 18 or 20 years
Ques—by same—Were you not acquainted with Edmd Covington at the time of Mrs Covington died—
Ans—I was acquainted with him—
Ques by same—Do you know what Edmd Covington was the exor of Sarah Covington decd—
Ans—Yes—
Ques—by same—Were you at the sale of Sarah Covington—
Ans—I was—
Ques—by same—Did not Sarah Covington make a will
Ans—Yes—
Ques—by same—Do you know in what way she willed her property
Ans—To Mrs. Mullins (Francis) Anna Covington Edmd Covington Mrs. Mary Saunders—the wife of Harry Saunders
Ques: by same—Were the negroes only, willed to those persons abovementioned or was the whole estate willed to them
Ans. The negroes were not her’s she could not will them
Ques. by same—What property then did she will away
Ans. Her stock, Household furniture, & plantation utensils
Ques. by same—Did not the persons abovenamed take that property in possession—
Ans—They sold some & divided some—
Ques. by same—Then you suppose the property was distributed among the persons to whom it was willed
Ans. I suppose that part which was left to be divided was divided what was sold I know nothing of—
Ques. by same—You know then that Edmd Covington sold the surpluss property—
Ans. Yes—
Ques. by same—Was the bal: of the property considerable
Ans. Yes there was I believe—something right smart
Ques. by same—Do you know anything of the amt. of acct. of sales—
Ans. No I do not—
Ques. by same who did those negroes belong to that she had in possession at the time she died—
Ans. To Frances Mullins, Anna Covington, Edmd Covington, Mrs. Saunders, Julia Covington, Amy Davis—
Ques. by same Then Edmd Covington had nothing to do with the negroes as Exor.
Ans. he had nothing to do with them—
Ques by same—Did not Mrs Mullins Henry Saunders (the husband of Mary Saunders) & Anna Covington buy the principal part of the est: Edmd. Convington sold
Ans—I do not know
Ques. by same—Could not Edmd Covington had settled with the legatees at any time previous to his death if he had owed them any thing
Ans. I do not know—
Ques. After the death of Sarah Covington was not Mrs Mullins pushed for money—to pay for the building of her house
Ans. I believe she was—
Ques—by same—If Edmd Covington had owed her at that time could he not have paid her—
Ans. I do not know—
Ques. by same—Was it not believed he was in good circumstances at that time—
Ans. I thot he was; but might have mistaken
Ques by same—Were you acquainted with Henry Saunders—
Ans. I knew him when I saw him that was as much
Ques. by same—Did you not understand Mr Saunders about that time was very much pushed for money
Ans. I do not remember any thing of it—
Ques. Do you know whether Mr Jno. Smith had any thing to do with that estate or [illegible]
Ans—He was left exor. but did not [illegible]
Ques. by same Do you know whether or not Mr Smith was Commissioner to settle any part of the business
Ans. I do not—
Ques. From all circumstances that you have heard or known of is it your opinion that Edmd Covington’s est. is indebted to the legatees above named
Ans. Yes I think it is—
Further this deponent saith not
[signed] Jacob Durham
The above deposition sworn to before me a justice of the peace for the county aforesaid this 25th Octo 1834 Given under my hand
Arthur Temple J.P. [Essex County, Virginia, Box Chancery No. 45, item 45-N-19.]
1850 U.S. Census, Essex County, Virginia
Page 72
Durham, Jacob, 54, male, farmer, value of real estate $2,000, born in Virginia
Durham, Catharine, 61, female, born in Virginia
Durham, James, 28, male, laborer, born in Virginia
Durham, George, 26, male, laborer, born in Virginia
Durham, Jacob, 24, male, laborer, born in Virginia
Durham, Louisa, 22, female, born in Virginia
Durham, William, 17, male, laborer, born in Virginia
St. John, Delphia, 90, female, black, born in Virginia, cannot read or write
He is listed as the father of Louisa in her 1857 marriage record.