| Notes |
- James Withers was the eldest child of twelve children of Thomas Withers and Elizabeth Williams, daughter of Jonas Williams. "In the year of his birth rubber was first used in Europe, the first General Conference of Methodists was held in England, Benjamin Franklin invented the stove and J.S. Bach completed Part 2 of is "The Well Tempered Clavier."
"During the Revolutionary War James Withers served during the years 1777 and 1778 as a First Lieutenant in Capt. Windsor Brown's Co., in the First Virginia State Regiment commanded by Col. George Gibson. At the conclusion of the War there isme evidence that he became a physician.
1782
James Withers, father of Hannah Withers (later married Dickerson Wood II) witnessed the will of John Maddox, Culpeper County in 1782. John Maddox and his wife, Mary Maddox, were the parents of Notley Maddox, grandfather of Nancy Corley, who later married William Wood II, and became the daughter-in-law of Dickerson Wood I in 1805.
James Withers died in Fauquier Co, VA. in 1791. His widow died in Woodford Co, KY after 1825. Bessie Corder Barnes, a descendant of James Withers and Elizabeth Rosser (through their daughter Cynthia Ann Withers) was admitted to the DAR (Natioal No. 332811) on the basis of his military service in the Revolutionary War." (Wigfield and Nelson, ChXII, p 228)
The will of James Withers dated 4 May 1791 and admitted to probate 25 July 1781 by the Fauquier Co, VA Court where it is recorded in Will Book 2 at page 224, is quoted in full as follows:
In the name of God Amen, I James Withers of Fauquier County and State of Virginia, being in perfect mind and memory, hath made and doth constitute this my Last Will and Testament, as follows:
First, my will and desire is that all my lawful debts to be paid (if there should be any) and as for the residue and remainder of my Estate and possessions Real and Personal, with all Bonds and Promissory Notes whatever is mine or might be mi, I give and bequeath unto my beloved Wife, Elizabeth Withers, during her natural life or widowhood and then at her death or Marriage State, my Will and desire is that anything that was my own or that was in her possession of mine, should be equally divided among my Children, (Viz.) Thomas, John, Elizabeth, Hannah, Cain, Lucy, Cinthy, Enoch, William, Sithy, Sally, and atty. Furthermore, my will and desire is that my beloved wife Elizabeth should act and possess everything as tho I were present in person, that if she should so need or cause, she might give unto many of my children, such part of my Estate as she thought proper at the same time the child or children being accountable for so much of their part when equally divided at her death or Marriage State.
Also, my desire is if any of my children should die before their mother or before the division of my Estate leaving Lawful Posterity, that his or their Posterity should possess whatever part might be the deceased forever. I also do constitutnd ordain my beloved wife Elizabeth and my son John to be my Executors to this my last will and testament and doth hereby revoke and annull all other Wills and bequeaths tht might be made by me and doth acknowledge this only to be my Last Will and Testament. As Witness Whereof I have hereunto set my Hand and Seal this fourth day of May in the year of our Lord, one thousand seven hundred and ninety one.
James Withers (L S)
Sealed and Signed in
the presence of us:
Aquilla Davis
Samuel Nichols
Elizabeth (x) Nichols
At a Court held for Fauquier County the 25th day of July 1791, this Will was proved by the oaths of Aquilla Davis and Samuel Nichols, Witnesses thereto and Ordered to be recorded, and on the motion of Elizabeth Withers and John Withers, the Eutors therein named, who made Oath and Executed and Acknowledged Bond as the law directs, Certificate is granted them for obtaining a probate thereof in due form.
(Teste): H. Brooke, C.C.
The inventory and appraisement of the estate of James Withers was filed in the Fauquier Co, Court on 25 June 1792 where it is recorded in the Will Book 2 at page 225. Values are stated in Pounds, Shillings, and Pence. The Inventory and Appraement follows:
In Obediance to an Order of Court dated July 1791, we who are undersigned, being first sworn, have mett on the premises of Elizabeth Withers to appraise the Estate of James Withers, deceased, present Capt. Benj. Shackelford, Esq., and find is follows (Viz):
1 Negro man named Job L 40 0 0
1 negro woman Easty L 35 0 0 L 75 0 0
1 Negro woman Winna L 30
1 Negro boy Sam L 45 0 0 L 75 0 0
1 Negro boy Joe L 40
1 Negro boy George L 30 70 0 0
1 Negro boy Daniel L 30
1 Negro girl Ama L 15 45 0 0
1 Negro child, Edmon L 10 10 0 0
25 hoggs
5 horses
2 Steers
19 head sheep
8 head cattle
misc household items, furniture: Total inventory L420 18 8
Dickerson Wood, Senr.
Jno. Smoot, Senr.
Aquilla Davis
At a Court held for Fauquier County the 25th day of June 1792 This Inventory and Appraisement of the Estate of James Withers, deceased was returned and ordered to be recorded.
(Teste): H. Brooke, C.C.
By Bill of Sale dated 28 Nov 1805 and recorded in Deed Book 16 at page 389, Fauquier Co, VA, Elizabeth Withers, widow of James Withers, sold to her son-in-law, John Nelson (husband of her daughter Cynthia Ann Withers) "one Negro man by the e of Daniel" for and "in consideration of the natural love and affection I bear to John Nelson -- and as well as for the further consideration of fifty pounds to me in hand paid" by the said John Nelson. It seems likely that this Daniel is one and the same as the "Negro boy Daniel" who was appraised in the estate of Elizabeth's deceased husband as being of the value of 30 pounds.
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1745 - 1791 (45 years)
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