Thomas Moore’s Genealogy Site - Person Sheet
Thomas Moore’s Genealogy Site - Person Sheet
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.]
The estate of Richard Jones, deceased, in account with Coleman Jones, executor, from 1804 [sic] through 1809 was settled on 16 December 1814 by J. Bohannan, Chas. Hill, Lewis Dix and Carter Croxton. “We acknowledge that we have respectively received of William Jones admr &c of Coleman Jones decd. our proportion of the Thirty six pounds 7/6 (and all Interest due thereon) mentioned in the within settlement,” signed by L Booker, John Jones, James Durham, Joseph his x mark Jones, Thomas Jones, Susanna her x mark Jones, Salley Jones, Peggy C her x mark Jones, and James McFarland. (Lewis Booker may have purchased the interests of other children Benjamin Jones, Richard Jones, and Lewis Holt (husband of Mary Jones). John Jones relationship unclear.) [Essex County, Virginia, Will Book 18, pages 102–103.]
On 20 December 1824, James Durham witnessed the will of Richard Shearwood of Essex County. [Essex County, Virginia, Will Book 20, page 93.]
On 21 February 1826, a complaint was filed in the Chancery Court of Essex County by orators & oratrices John Minter & Ann his wife, Robt Mann & Susan his wife, Peter Campbell & Mary his wife, Fontaine Wood, and Ambrose, John, Thomas & Sarah Hunley infants under the age of twenty one years by Elizabeth Hundley their Guardian and next friend, & Josiah Ryland, stating that in 1825 Richard Ryland had died intestate leaving no children and petitioning for the division of his estate. Numerous amendments and affidavits were filed during the course of the case. Papers filed state that Richard left heirs Peter Campbell and Mary R. his wife who was Mary Hundley, Ambrose Hundley, Robert Mann (who died between the decree on 19 February 1827 and the division of the estate on 14 June 1827) and Susan D. his wife who was Susan Hundley, Mary and Thomas Wood, children of Fontaine Wood and Anne H. his wife, deceased, who was Anne H. Hundley, Richard Hundley, John Hundley, Thomas Hundley, and Sarah Hundley, the said Mary, Ambrose, Susan, Anne, Richard, John, Thomas and Sarah being children of Ambrose Hundley deceased, Richard Hundley (who lived in Kershaw District, South Carolina) and Absalom Hundley (long removed from Virginia), the said Ambrose, Richard and Absalom children of Ambrose Hundley and Mary his wife who was Mary Ryland, a sister of the full blood to Richard Ryland [although family Bible records indicate otherwise] and who married after the death of Ambrose a James Ferguson and moved to Kershaw District, South Carolina; Mary “Polly” Shelor (or Shetor, the name appearing both ways), Thomas Shelor, Joseph Shelor and Sally Gee who was Sally Shelor, the said Mary, Thomas, Joseph, and Sally being children of Elizabeth Shelor deceased who was married to Jacob Shelor, Thomas Ryland, John Ryland, Hundley Ryland, John Simmons and Nancy his wife who was Nancy Ryland, the said Thomas, John, and Hundley Ryland and Nancy Simmons and Elizabeth Shelor being children of Thomas Ryland deceased, a brother of the half blood to Richard Ryland; Thomas Jones who died without heir, Robert Jeffries and Elizabeth his wife who was Elizabeth Jones and who had previously married James McFarlane, Richard D. Dunn and Peggy his wife who was Peggy Jones, James Durham and Nancy his wife who was Nancy Jones, Patsy Jones and Betsy Jones, children of Joseph Jones deceased, Mary Thompson who was Mary Jones, Sophronia Jones a daughter of Richard Jones deceased, Benjamin Jones, and Coleman Jones and Susan his wife, the said Thomas, Elizabeth, Peggy, Sally, Nancy, Joseph, Mary, Richard, Benjamin and Susan being children of Elizabeth Jones deceased, a sister of the whole blood to Richard Ryland who had married Richard Jones; John Minter and Ann his wife who was Ann Ryland, a sister of the whole blood to Richard Ryland; Lewis Mickleburrough and Henrietta his wife who was Henrietta Haile, Joseph McTyre and Polly his wife who was Polly Haile, Joseph Haile and Jonathan Haile, the said Henrietta, Polly, Joseph and Jonathan being children of Mary Haile, deceased, wife of Wheeler Haile and who was Mary Croxton, a daughter of Thomas Croxton and Sarah his wife who was Sarah Ryland, a sister of the whole blood to Richard Ryland (the said Thomas and Sarah also having had children Joseph, Thomas, Richard, and Susan (who married a Miller) who have been long removed from Virginia); Lewis Whittemore and Jane his wife who was Jane Ryland and Wyatt Whittemore and Nancy his wife who was Nancy Ryland, the said Jane and Nancy being children of John Ryland a brother of the whole blood to Richard Ryland; George and Samuel Durham, children of Mary Durham deceased who was Mary Faucett, a daughter of Rice Faucett and Susannah his wife who was Susannah Ryland, a sister of the whole blood to Richard Ryland; Edward, Allen, Joseph, Samuel, Elizabeth and Polly Ryland and Joseph Tellman (also Tillman) and Sally his wife who was Sally Ryland, the said Edward, Allen, Joseph, Samuel, Elizabeth, Polly and Sally being children of Iverson Ryland deceased, a brother of the whole blood to Richard Ryland; Josiah Ryland, a brother of the half blood to Richard Ryland who is still living; Parker Tod Hunter and Catharine his wife who was Catharine Ryland, Joseph Barnett and Elizabeth his wife who was Elizabeth Ryland, John, James, Edwin and Joanna Ryland, the said Catharine, Elizabeth, John, James, Edwin and Joanna being children of Joseph Ryland who died in Kentucky, a brother of the half blood to Richard Ryland; and Jacob Tod Hunter and Joanna his wife who was Joanna Ryland, a sister of the half blood to Richard Ryland. The property was divided and distributed by 14 June 1827. [Essex County, Virginia, Box Chancery No. 35, many items in Folder J.]
A copy of James Durham’s signature from 1827 can be found on Essex County, Virginia, Box Chancery No. 35, item 35-J-12. In this record he states that he is guardian for George and Samuel Durham.
On 19 March 1830, James Durham served on a coroner’s jury to inquire as to the cause of death of George Crow. [Essex County, Virginia, Will Book 22, pages 83–84.]
On 31 March 1831, James Durham of lawful age deposed that he has for many years been living near and been acquainted with the Lands & Mill belonging to the late Major Boughan. Regarding operations of the Mill. Signed James Durham. [Essex County, Virginia, Box Chancery No. 46, item 46-F-45.]
In March 1836 James Durham served on a grand jury for Essex County. [Essex County, Virginia, Box Chancery No. 45, item 45-M-45.]
Orator James Allen complained that his mother, Elizabeth B. Allen, died in ____. That your orator with Thomas A. Banks, James W. Banks, Elizabeth Durham wife of James Durham and Lucy C. Banks, children of Lucy Banks deceased who was a daughter of Elizabeth B. Allen, and Mary Catharine Owen, Cordelia Anne Owen and Willy Anne Owen children of Mary Owen deceased another daughter of Elizabeth B. Allen her only heirs at law. James Owen is the administrator of the estate of Elizabeth B. Allen. [Essex County, Virginia, Box Chancery No. 40, item 40-C-19.]
On 9 January 1838, an inquisition was held at the dwelling house of Elizabeth Tune in the Town of Tappahannock on the death of Jesse Tune, made by James Roy Micou Jr, Reuben Munday, Vincent Dyke, Jackson Dyke, Jonathan Dunn, James Durham, James Phillips, Green Coleman, Philip Gatewood, Mourning Johnston, Reuben L Pitts, and Robert M Pilcher. [Essex County, Virginia, Will Book 24, pages 243–244.]
In 1839, orators and oratrices Robert Jeffries and Betsy [later written as Elizabeth] his wife, Richard Dunn and Peggy his wife James Clarkson and Ann his wife John Smether and Bakey[?] his wife Willis Brooks and Betsy his wife William McFarlane and Sophronia his wife Obadiah J Alexander and Dorothea his wife and Polly Thomas complained that your orators and oratrices are the descendants of Richard Jones who died in 1805 in Essex County. James Durham intermarried with Nancy Jones a daughter of the said Richard Jones. That the said Nancy died this year without issue and that her husband survives. That James Durham is now in possession of slaves. A chart provides further clarification: Benjamin Jones had issue: Lucy wife of Geo Saunders, Betsy wife of O. Alexander, Polly [also listed as Dolly] wife of Geo. Durham; Richd Jones had issue Sophronia wife of W McFarlane; Joseph Jones had issue Betsy wife of W. Brooke, Patsey wife of Jno: Smether; Thomas Jones died without issue; Nancy Jones married James Durham; Susanna Jones died without issue; Betsy Jones wife of plaintiff Robert Jeffries; Sally Jones left Ann wife of Jas Chowning; Peggy Jones married Richard Dunn plaintiff; Polly Jones married Jno Thomas [in 48-J-20 corrected as Thompson]. [Essex County, Virginia, Box Chancery No. 48, item 48-J-15.]
On 26 October 1839, James Durham provided a deposition in suit of Saunders vs. Crow:
The deposition of James Durham of lawful age taken at the dwelling house of Doctr Jefferson Minor pursuant to notice to be read as evidence in a suit depending in the Circuit Superior Court of Law and Chancery of Essex County wherein George Saunders and Lucy his wife and George Durham and Polly his wife are plaintiffs and James Croxton surviving Executor of Thomas Crow decd, who was one of the Executors of John Crow decd and Mary M. Crow admix of Moses Crow and in her own right and others are defendants
This deponent being duly sworn
Question by the pltiffs counsel—
Please state any thing you may have heard Moses Crow say in relation to Armistead Jones’s selling the negroes bequeathed by John Crow decd to the children of his daughter Massy Jones and all you may know in relation thereto
Answer
I heard Mr Crow say a little time before he sold the negroes to Mr Hill, that he wished to God, that Armisteed [sic] Jones, would take the whole of them, and carry them off and sell them, for they were so much trouble to him, and no profit.
Question by same—State if you know Armistead Jones’s circumstances whether he held any property also whether he had not been absent for some time out of the state as it was supposed before it was said he carried off the negroes?
Answer—He held no property, except his interest in these negroes, and he had been absent from the state for several years, but returned for twelve months, before it was said he carried off the negroes.
Question by same—State who John P. Armstrong married, & whether his wife is not alive, & whether she has children?
Answer, He married Melissa Crow, daughter of old Mr Thos Crow. His wife is alive, and I know she has a child, and I believe children.
Question by defts Counsel—When Moses Crow said that he wished to God, that Armstead Jones would carry off the whole of the negroes—Do you really and sincerely believe he was in earnest, or whether he was in a fit or otherwise excited—
Answer, It might have been his wish for aught I know.
Question by same—Are you the father of one of the pltf’s in this suit, George Durham and are you the agent of your son in this suit
Answer, I recognise him as my son, I am not the agent of my son in this suit.
Question by same—Have you not been active in attending the various[?] proposed references of the matters involved in this suit, and have you not be active [sic] in the prosecution of this suit.
Answer, Yes, I have, at the request of George Saunders I have taken an active part in this suit, and also to aid my son,
And further this deponent saith not.
James Durham
Subscribed and sworn to before me a Justice of the Peace for the County of Essex this 26th October 1839.
James Semple J.P.
[Essex County, Virginia, Box Chancery No. 49, item 49-D-5.]
The estate of Susanna Jones in account with Richard D Dunn, administrator, from 1838 to 1839 was ordered recorded 18 November 1839. Includes a division of the estate: $8.27-4/7 each to James Durham in right of wife, Robert Jeffires in right of wife, Ann Games in right of her mother, Richard D Dunn in right of his wife, and William McFarlane in right of his wife; $2.16-3/4 + 1/7 to George Durham in right of his wife Polly, George Saunders in right of his wife, Obadiah Alexander ditto, and Armistead Jones in his own right; and $4.13-1/2 + 2/7 to Willis Brooks in right of his wife, and John H Smither ditto. [Essex County, Virginia, Will Book 24, pages 418–419.]
The estate of Mary Thompson in account with Richard D Dunn, adminsitrator, from 1838 to 1839 was oredered recorded on 21 October 1839. Includes distributions of $8.24-4/7 to James Durham in right of wife, Robt Jeffries in right of wife, Ann Games in right of her mother, Richard D Dunn in right of wife, and William McFarlane in right of wife; $2.06-3/4 + 1/7 to George Durham in right of wife Polly, George Saunders in right of wife Lucy, Obadiah Alexander in right of wife, Armistead Jones in own right; $4.13-1/2 + 2/7 to Willis Brooks in right of wife and John H. Smither in right of wife. [Essex County, Virginia, Will Book 24, pages 419–420.]
On 16 December 1839, James Durham and George Wright were bound in the penalty of $120 for James Durham’s administration of the estate of Nancy Durham, deceased. [Essex County, Virginia, Will Book 24, pages 430–431.]
“James Durham & Elizabeth Banks was Marred [sic] the 11th of febury [sic] 1840” [Minter-Durham family Bible at the Virginia State Archives, Acc. 26856]
On 20 August 1840, James Durham answered a bill exhibited against him by descendants of Richard Jones. That Benjamin Jones also left one other child named Armistead Jones. Polly Thompson, who is not Polly Thomas, has been absent from the state for many years and has not been heard from for at least 12 years. In fact, Richard D. Dunn, one of the plaintiffs, obtained letters of administration on her estate. That the descendants of Benjamin have no right as their father took the insolvent debtors oath and surrendered all claim. Dated 20 August 1840. Signed James Durham (os). [Essex County, Virginia, Box Chancery No. 48, item 48-J-20.]
On 13 March 1841, Henry H. Boughan, as coroner for Essex County, led an inquisition taken at the public highway near Mrs. Elizabeth B. Allen’s (deceased) into the death of Henry, a slave the property of Mrs. Elizabeth Hundley, then and there lying dead. A jury consisting of James Semple, M G Wood, Jas Durham, John J Wright, Henry Crow, Z. M. P. Carter, Baylor W Hill, Johnson Games, Philip Coleman, Willis Brooks, Caleb A Noel and Wm S Croxton state that Henry came to his death on the 12th Day of March, that he had no marks of violence, and died by being chilled to death. [Essex County, Virginia, Will Book 24, page 589.]
On 23 April 1844, orators Reubin M. Garnett executor of Reubin Garnett deceased, Edward M. Ware adminstrator de bonis non with the will annexed of Joseph Janey deceased andJones C. Clopton late sherriff of Essex County and committee administrator de bonis non of the Estate of Thomas Wood deceased, on behalf of themselves and all other creditors of John Allen deceased, complained that Reubin Garnett deceased recovered of one John Allen since deceased £27.7.9 with interest and that one Thomas Evans Junr also recovered against John Allen £31.29 and that one Thomas Wood the intestate of your orator Jones C. Clopton also recovered against John Allen £26.13.4. All these debts were unpaid, and John Allen died many years ago not possessed of property of any kind except an interest he was entitled to under the will of his father Thomas Allen. John Allen’s estate was committed to the administration of Richard Rouzee then Sheriff of Essex County. Thomas Allen died sometime in the latter part of the year 1800. He left a widow Elizabeth B. Allen and ten children viz Elizabeth, John, Banks, Barbara, Polly, Lucy, Thomas, Addisson, Caty B., and John Allen. Elizabeth and John Allen both died intestate and without issue, Elizabeth in 1806 and John in 1809. Since John survived his sister he was entitled to a share of her estate. Lucy intermarried with William Banks. Polly Allen intermarried with James Owen. Lucy Banks died about 1815 leaving children Elizabeth A. the wife of James Durham, Lucy C. the wife of John L. Eubank, Thomas A. and James W. Banks. The interest held by James W. Banks was sold to Achilles Lumpkin. Thomas the son of Thomas Allen died in 1822 leaving a last will and testament. Caty B. Allen died in 1839 leaving a last will and testament. The interest of Polly Owen has been transferred and is now held by William A. Wright trustee for Mary C., Cordelia A. and Willy B. Owen. This document continues at length with various assignments of interest. [Essex County, Virginia, Box Chancery No. 52, item 52-J-35/36.]
1850 U.S. Census, Essex County, Virginia
Page 99
Dwelling 588, Household 588
Durham, James, 80, male, value of real estate $1,500, born in Virginia
Durham, Elizabeth, 39, female, born in Virginia
Durham, Catherine, 5, female, born in Virginia
Martin, Sarah, 17, female, born in Virginia
“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.]
The estate of Richard Jones, deceased, in account with Coleman Jones, executor, from 1804 [sic] through 1809 was settled on 16 December 1814 by J. Bohannan, Chas. Hill, Lewis Dix and Carter Croxton. “We acknowledge that we have respectively received of William Jones admr &c of Coleman Jones decd. our proportion of the Thirty six pounds 7/6 (and all Interest due thereon) mentioned in the within settlement,” signed by L Booker, John Jones, James Durham, Joseph his x mark Jones, Thomas Jones, Susanna her x mark Jones, Salley Jones, Peggy C her x mark Jones, and James McFarland. (Lewis Booker may have purchased the interests of other children Benjamin Jones, Richard Jones, and Lewis Holt (husband of Mary Jones). John Jones relationship unclear.) [Essex County, Virginia, Will Book 18, pages 102–103.]
On 20 December 1824, James Durham witnessed the will of Richard Shearwood of Essex County. [Essex County, Virginia, Will Book 20, page 93.]
On 21 February 1826, a complaint was filed in the Chancery Court of Essex County by orators & oratrices John Minter & Ann his wife, Robt Mann & Susan his wife, Peter Campbell & Mary his wife, Fontaine Wood, and Ambrose, John, Thomas & Sarah Hunley infants under the age of twenty one years by Elizabeth Hundley their Guardian and next friend, & Josiah Ryland, stating that in 1825 Richard Ryland had died intestate leaving no children and petitioning for the division of his estate. Numerous amendments and affidavits were filed during the course of the case. Papers filed state that Richard left heirs Peter Campbell and Mary R. his wife who was Mary Hundley, Ambrose Hundley, Robert Mann (who died between the decree on 19 February 1827 and the division of the estate on 14 June 1827) and Susan D. his wife who was Susan Hundley, Mary and Thomas Wood, children of Fontaine Wood and Anne H. his wife, deceased, who was Anne H. Hundley, Richard Hundley, John Hundley, Thomas Hundley, and Sarah Hundley, the said Mary, Ambrose, Susan, Anne, Richard, John, Thomas and Sarah being children of Ambrose Hundley deceased, Richard Hundley (who lived in Kershaw District, South Carolina) and Absalom Hundley (long removed from Virginia), the said Ambrose, Richard and Absalom children of Ambrose Hundley and Mary his wife who was Mary Ryland, a sister of the full blood to Richard Ryland [although family Bible records indicate otherwise] and who married after the death of Ambrose a James Ferguson and moved to Kershaw District, South Carolina; Mary “Polly” Shelor (or Shetor, the name appearing both ways), Thomas Shelor, Joseph Shelor and Sally Gee who was Sally Shelor, the said Mary, Thomas, Joseph, and Sally being children of Elizabeth Shelor deceased who was married to Jacob Shelor, Thomas Ryland, John Ryland, Hundley Ryland, John Simmons and Nancy his wife who was Nancy Ryland, the said Thomas, John, and Hundley Ryland and Nancy Simmons and Elizabeth Shelor being children of Thomas Ryland deceased, a brother of the half blood to Richard Ryland; Thomas Jones who died without heir, Robert Jeffries and Elizabeth his wife who was Elizabeth Jones and who had previously married James McFarlane, Richard D. Dunn and Peggy his wife who was Peggy Jones, James Durham and Nancy his wife who was Nancy Jones, Patsy Jones and Betsy Jones, children of Joseph Jones deceased, Mary Thompson who was Mary Jones, Sophronia Jones a daughter of Richard Jones deceased, Benjamin Jones, and Coleman Jones and Susan his wife, the said Thomas, Elizabeth, Peggy, Sally, Nancy, Joseph, Mary, Richard, Benjamin and Susan being children of Elizabeth Jones deceased, a sister of the whole blood to Richard Ryland who had married Richard Jones; John Minter and Ann his wife who was Ann Ryland, a sister of the whole blood to Richard Ryland; Lewis Mickleburrough and Henrietta his wife who was Henrietta Haile, Joseph McTyre and Polly his wife who was Polly Haile, Joseph Haile and Jonathan Haile, the said Henrietta, Polly, Joseph and Jonathan being children of Mary Haile, deceased, wife of Wheeler Haile and who was Mary Croxton, a daughter of Thomas Croxton and Sarah his wife who was Sarah Ryland, a sister of the whole blood to Richard Ryland (the said Thomas and Sarah also having had children Joseph, Thomas, Richard, and Susan (who married a Miller) who have been long removed from Virginia); Lewis Whittemore and Jane his wife who was Jane Ryland and Wyatt Whittemore and Nancy his wife who was Nancy Ryland, the said Jane and Nancy being children of John Ryland a brother of the whole blood to Richard Ryland; George and Samuel Durham, children of Mary Durham deceased who was Mary Faucett, a daughter of Rice Faucett and Susannah his wife who was Susannah Ryland, a sister of the whole blood to Richard Ryland; Edward, Allen, Joseph, Samuel, Elizabeth and Polly Ryland and Joseph Tellman (also Tillman) and Sally his wife who was Sally Ryland, the said Edward, Allen, Joseph, Samuel, Elizabeth, Polly and Sally being children of Iverson Ryland deceased, a brother of the whole blood to Richard Ryland; Josiah Ryland, a brother of the half blood to Richard Ryland who is still living; Parker Tod Hunter and Catharine his wife who was Catharine Ryland, Joseph Barnett and Elizabeth his wife who was Elizabeth Ryland, John, James, Edwin and Joanna Ryland, the said Catharine, Elizabeth, John, James, Edwin and Joanna being children of Joseph Ryland who died in Kentucky, a brother of the half blood to Richard Ryland; and Jacob Tod Hunter and Joanna his wife who was Joanna Ryland, a sister of the half blood to Richard Ryland. The property was divided and distributed by 14 June 1827. [Essex County, Virginia, Box Chancery No. 35, many items in Folder J.]
A copy of James Durham’s signature from 1827 can be found on Essex County, Virginia, Box Chancery No. 35, item 35-J-12. In this record he states that he is guardian for George and Samuel Durham.
On 19 March 1830, James Durham served on a coroner’s jury to inquire as to the cause of death of George Crow. [Essex County, Virginia, Will Book 22, pages 83–84.]
On 31 March 1831, James Durham of lawful age deposed that he has for many years been living near and been acquainted with the Lands & Mill belonging to the late Major Boughan. Regarding operations of the Mill. Signed James Durham. [Essex County, Virginia, Box Chancery No. 46, item 46-F-45.]
In March 1836 James Durham served on a grand jury for Essex County. [Essex County, Virginia, Box Chancery No. 45, item 45-M-45.]
Orator James Allen complained that his mother, Elizabeth B. Allen, died in ____. That your orator with Thomas A. Banks, James W. Banks, Elizabeth Durham wife of James Durham and Lucy C. Banks, children of Lucy Banks deceased who was a daughter of Elizabeth B. Allen, and Mary Catharine Owen, Cordelia Anne Owen and Willy Anne Owen children of Mary Owen deceased another daughter of Elizabeth B. Allen her only heirs at law. James Owen is the administrator of the estate of Elizabeth B. Allen. [Essex County, Virginia, Box Chancery No. 40, item 40-C-19.]
On 9 January 1838, an inquisition was held at the dwelling house of Elizabeth Tune in the Town of Tappahannock on the death of Jesse Tune, made by James Roy Micou Jr, Reuben Munday, Vincent Dyke, Jackson Dyke, Jonathan Dunn, James Durham, James Phillips, Green Coleman, Philip Gatewood, Mourning Johnston, Reuben L Pitts, and Robert M Pilcher. [Essex County, Virginia, Will Book 24, pages 243–244.]
In 1839, orators and oratrices Robert Jeffries and Betsy [later written as Elizabeth] his wife, Richard Dunn and Peggy his wife James Clarkson and Ann his wife John Smether and Bakey[?] his wife Willis Brooks and Betsy his wife William McFarlane and Sophronia his wife Obadiah J Alexander and Dorothea his wife and Polly Thomas complained that your orators and oratrices are the descendants of Richard Jones who died in 1805 in Essex County. James Durham intermarried with Nancy Jones a daughter of the said Richard Jones. That the said Nancy died this year without issue and that her husband survives. That James Durham is now in possession of slaves. A chart provides further clarification: Benjamin Jones had issue: Lucy wife of Geo Saunders, Betsy wife of O. Alexander, Polly [also listed as Dolly] wife of Geo. Durham; Richd Jones had issue Sophronia wife of W McFarlane; Joseph Jones had issue Betsy wife of W. Brooke, Patsey wife of Jno: Smether; Thomas Jones died without issue; Nancy Jones married James Durham; Susanna Jones died without issue; Betsy Jones wife of plaintiff Robert Jeffries; Sally Jones left Ann wife of Jas Chowning; Peggy Jones married Richard Dunn plaintiff; Polly Jones married Jno Thomas [in 48-J-20 corrected as Thompson]. [Essex County, Virginia, Box Chancery No. 48, item 48-J-15.]
On 26 October 1839, James Durham provided a deposition in suit of Saunders vs. Crow:
The deposition of James Durham of lawful age taken at the dwelling house of Doctr Jefferson Minor pursuant to notice to be read as evidence in a suit depending in the Circuit Superior Court of Law and Chancery of Essex County wherein George Saunders and Lucy his wife and George Durham and Polly his wife are plaintiffs and James Croxton surviving Executor of Thomas Crow decd, who was one of the Executors of John Crow decd and Mary M. Crow admix of Moses Crow and in her own right and others are defendants
This deponent being duly sworn
Question by the pltiffs counsel—
Please state any thing you may have heard Moses Crow say in relation to Armistead Jones’s selling the negroes bequeathed by John Crow decd to the children of his daughter Massy Jones and all you may know in relation thereto
Answer
I heard Mr Crow say a little time before he sold the negroes to Mr Hill, that he wished to God, that Armisteed [sic] Jones, would take the whole of them, and carry them off and sell them, for they were so much trouble to him, and no profit.
Question by same—State if you know Armistead Jones’s circumstances whether he held any property also whether he had not been absent for some time out of the state as it was supposed before it was said he carried off the negroes?
Answer—He held no property, except his interest in these negroes, and he had been absent from the state for several years, but returned for twelve months, before it was said he carried off the negroes.
Question by same—State who John P. Armstrong married, & whether his wife is not alive, & whether she has children?
Answer, He married Melissa Crow, daughter of old Mr Thos Crow. His wife is alive, and I know she has a child, and I believe children.
Question by defts Counsel—When Moses Crow said that he wished to God, that Armstead Jones would carry off the whole of the negroes—Do you really and sincerely believe he was in earnest, or whether he was in a fit or otherwise excited—
Answer, It might have been his wish for aught I know.
Question by same—Are you the father of one of the pltf’s in this suit, George Durham and are you the agent of your son in this suit
Answer, I recognise him as my son, I am not the agent of my son in this suit.
Question by same—Have you not been active in attending the various[?] proposed references of the matters involved in this suit, and have you not be active [sic] in the prosecution of this suit.
Answer, Yes, I have, at the request of George Saunders I have taken an active part in this suit, and also to aid my son,
And further this deponent saith not.
James Durham
Subscribed and sworn to before me a Justice of the Peace for the County of Essex this 26th October 1839.
James Semple J.P.
[Essex County, Virginia, Box Chancery No. 49, item 49-D-5.]
The estate of Susanna Jones in account with Richard D Dunn, administrator, from 1838 to 1839 was ordered recorded 18 November 1839. Includes a division of the estate: $8.27-4/7 each to James Durham in right of wife, Robert Jeffires in right of wife, Ann Games in right of her mother, Richard D Dunn in right of his wife, and William McFarlane in right of his wife; $2.16-3/4 + 1/7 to George Durham in right of his wife Polly, George Saunders in right of his wife, Obadiah Alexander ditto, and Armistead Jones in his own right; and $4.13-1/2 + 2/7 to Willis Brooks in right of his wife, and John H Smither ditto. [Essex County, Virginia, Will Book 24, pages 418–419.]
The estate of Mary Thompson in account with Richard D Dunn, adminsitrator, from 1838 to 1839 was oredered recorded on 21 October 1839. Includes distributions of $8.24-4/7 to James Durham in right of wife, Robt Jeffries in right of wife, Ann Games in right of her mother, Richard D Dunn in right of wife, and William McFarlane in right of wife; $2.06-3/4 + 1/7 to George Durham in right of wife Polly, George Saunders in right of wife Lucy, Obadiah Alexander in right of wife, Armistead Jones in own right; $4.13-1/2 + 2/7 to Willis Brooks in right of wife and John H. Smither in right of wife. [Essex County, Virginia, Will Book 24, pages 419–420.]
On 16 December 1839, James Durham and George Wright were bound in the penalty of $120 for James Durham’s administration of the estate of Nancy Durham, deceased. [Essex County, Virginia, Will Book 24, pages 430–431.]
“James Durham & Elizabeth Banks was Marred [sic] the 11th of febury [sic] 1840” [Minter-Durham family Bible at the Virginia State Archives, Acc. 26856]
On 20 August 1840, James Durham answered a bill exhibited against him by descendants of Richard Jones. That Benjamin Jones also left one other child named Armistead Jones. Polly Thompson, who is not Polly Thomas, has been absent from the state for many years and has not been heard from for at least 12 years. In fact, Richard D. Dunn, one of the plaintiffs, obtained letters of administration on her estate. That the descendants of Benjamin have no right as their father took the insolvent debtors oath and surrendered all claim. Dated 20 August 1840. Signed James Durham (os). [Essex County, Virginia, Box Chancery No. 48, item 48-J-20.]
On 13 March 1841, Henry H. Boughan, as coroner for Essex County, led an inquisition taken at the public highway near Mrs. Elizabeth B. Allen’s (deceased) into the death of Henry, a slave the property of Mrs. Elizabeth Hundley, then and there lying dead. A jury consisting of James Semple, M G Wood, Jas Durham, John J Wright, Henry Crow, Z. M. P. Carter, Baylor W Hill, Johnson Games, Philip Coleman, Willis Brooks, Caleb A Noel and Wm S Croxton state that Henry came to his death on the 12th Day of March, that he had no marks of violence, and died by being chilled to death. [Essex County, Virginia, Will Book 24, page 589.]
On 23 April 1844, orators Reubin M. Garnett executor of Reubin Garnett deceased, Edward M. Ware adminstrator de bonis non with the will annexed of Joseph Janey deceased andJones C. Clopton late sherriff of Essex County and committee administrator de bonis non of the Estate of Thomas Wood deceased, on behalf of themselves and all other creditors of John Allen deceased, complained that Reubin Garnett deceased recovered of one John Allen since deceased £27.7.9 with interest and that one Thomas Evans Junr also recovered against John Allen £31.29 and that one Thomas Wood the intestate of your orator Jones C. Clopton also recovered against John Allen £26.13.4. All these debts were unpaid, and John Allen died many years ago not possessed of property of any kind except an interest he was entitled to under the will of his father Thomas Allen. John Allen’s estate was committed to the administration of Richard Rouzee then Sheriff of Essex County. Thomas Allen died sometime in the latter part of the year 1800. He left a widow Elizabeth B. Allen and ten children viz Elizabeth, John, Banks, Barbara, Polly, Lucy, Thomas, Addisson, Caty B., and John Allen. Elizabeth and John Allen both died intestate and without issue, Elizabeth in 1806 and John in 1809. Since John survived his sister he was entitled to a share of her estate. Lucy intermarried with William Banks. Polly Allen intermarried with James Owen. Lucy Banks died about 1815 leaving children Elizabeth A. the wife of James Durham, Lucy C. the wife of John L. Eubank, Thomas A. and James W. Banks. The interest held by James W. Banks was sold to Achilles Lumpkin. Thomas the son of Thomas Allen died in 1822 leaving a last will and testament. Caty B. Allen died in 1839 leaving a last will and testament. The interest of Polly Owen has been transferred and is now held by William A. Wright trustee for Mary C., Cordelia A. and Willy B. Owen. This document continues at length with various assignments of interest. [Essex County, Virginia, Box Chancery No. 52, item 52-J-35/36.]
1850 U.S. Census, Essex County, Virginia
Page 99
Dwelling 588, Household 588
Durham, James, 80, male, value of real estate $1,500, born in Virginia
Durham, Elizabeth, 39, female, born in Virginia
Durham, Catherine, 5, female, born in Virginia
Martin, Sarah, 17, female, born in Virginia
Spouses
Marriageabt 1805
Marriageabt 15 Jan 1810, Essex County, Virginia
ChildrenJames (1810-1870)
Marriageabt 26 Jun 1811, Essex County, Virginia
Marriage11 Feb 1840, Essex County, Virginia
ChildrenLucy Catherine (~1845-)