John Martin and Nancy Tod(d)

Court Record in Caroline County, Virginia for John Martin 1819

1819 Will of John Martin, Caroline County, Virginia

The below deed is important because it establishes that John Martin d. 1819 was the Son of John Martin d. 1741.  In order to prove this you have to follow the land/deeds from the time when John Martin '41 purchased the land from James Samuel who purchased the land from Tobias Ingram.  Here is the sequence: 

Land Records of Ingram; Samuel; and John Martin'41

1735-1738 Essex County, Virginia Deed Book 21, Page 152-156

THIS INDENTURE made the Eighth day of April 1736 Between JAMES SAMUEL of the Parish of St. Anns in County of Essex Plantr, of one part and JOHN MARTIN of the Parish and County aforesaid Brickmaker Witnesseth that the sd James Samuel for the sum Five pounds current money to him in hand paid by the said John Martin hath sold unto the sd JOHN MARTIN  his heirs and assigns forever a parcel of land containing One hundred acres being part of a tract of Two hundred and ninety nine acres and a half purchased by the said James Samuel of TOBIAS INGRAM by a Deed dated the 6th of March situate in the Parish & County aforesaid and bounded Beginning at ye sd James Samuels Corner red oak standing in ye old marked line of the Patent for Two hundred and Ninety nine and a half acres & running thence from ye red oak the old marked line of ye sd Patent South to a Stake North to the Beginning

In presence of WM. CARROLL, James Samuel

FOSTER SAMUELL, ANTHONY SAMUELL

At a Court held for Essex County at Tappa. ye XXth day of April MDCCXXXVI

James Samuel acknowledged this Indenture with ye Livery & Seizen thereon endorsed to be his act and deed which is admitted to record,

In his 1741 Will, John Martin gave the land to his son James.

21 September 1767 At Tappahanock Court:  A deed indented...from James Martin and Mary his wife to John Chenault was proved by Peter Samuel and James Samuel two of the witnesses and ordered to be certified.

Essex CO.,VA Deed book 31 pg 228 15 September 1774.

John Chenault of Caroline o.,VA  to John Martin of Caroline CO.,Va.

for 32 pounds, 100 acres in Essex CO.,VA that joins Samuel Colquett & Baston.  This is the tract that John Chenault bought of James Martin. Only reserving unto Mary Martin a life estate in the part that is already laid off for her.

Witnesses were: James Upshaw, Thomas Samuel, John Parlane, Martin Gaunt and John Layfon

Essex Co., VA Deed Book 36 1802-1805 pg 408, 409 1804

This Indenture made this third day of November in the year One Thousand Eight hundred and four Between John Martin & Nancy his wife of the County of Caroline in the Colony of Virginia of the one part & John Spindle of the County of Essex of the other part, Witnesseth that they the said John Martin & his wife for and in consideration of the just sum of Eighty pounds current money of Virginia by him the said John Spindle unto them in hand paid ......one hundred acres of land, the graveyard Excepted situate lying & being in the County of Essex.....adj. John Bastin, James Samuel...the land the said Samuel purchased of Tobias Ingram,..."the same being the land the said John Martin's father purchased of the said James Samuel containing one hundred acres the graveyard excepted as before" .....Signed by John Martin and Nancy Martin

The above deed document indicates to me that John Martin and his wife Nancy (Tod) Martin owned this land and he is the son of John Martin '41 and John Martin/Tod was born earlier than stated in the Book:  "The Tod(d)'s of Caroline County, Virginia and the Kin" which says on page 242 that he was born circa 1760.  So if he is the son of John and Mary Samuel, then he had to have been born before 1741 when John died.  This means he lived a very long life since he died in 1819.  Exactly what year he was born, I don't know. 

Notes from the Estate Records of John Martin, Caroline Co. VA, 1819

In 1823 a bill of complaint was filed by Catherine Martin Young regarding her not receiving part of the legacy from her father John Martin's estate.  The heirs were contacted and submitted statements regarding this matter.  These are some of the genealogical notes from those statements.

By August 15, 1825 Catherine's husband Lawrence has passed away.  C. T. Martin, George Martin and Sarah Anne Martin had moved to Goochland County, Va.  (John Martin had previously moved to Goochland but was wrongly omitted from this statement which was later corrected by amended bill in 1826.)

Sept/Oct. 1826 Charles T. Martin made reply and stated he was the guardian of Sarah Ann Martin.

In February 1827 John Martin stated he was an heir of John Martin decd., that he has but little personal knowledge of the said estate having lived for many years in the county of Goochland, a considerable distance from the county of Caroline...On the 10th day of February 1827 Jno Martin appeared before a justice of the peace for Hanover County and made oath to the truth of his answer.