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Photos of John Martin's Will and Inventory courtesy of the Archives & Library Reference Services Manager at the Library of Virginia and mailed to me through the US Postal Service.
In John Martin d. 1741's Will he named William and John, that he gave 15 shillings to each. We assumed then they were from a 1st wife, perhaps a Dobson (Two Dobson members witnessed the will) or a Speed. Then he named the 4 children with Mary Samuel: Sarah, James, Mary, George and gave them the 4 dishes. These 4 children were probably only around age 10 or younger when their father died.
There was a statement by John '41 in his Will: I give and bequeath unto my wife the third part of all the rest of my estate and the remainder to be equally divided between the four children that I had by my wife Mary and if my wife is with child that child shall have my wife's part at her decease.
The first payment in the Estate payout of Mary Martin, see attached document:
To John Martin part of his father's estate. 18 pounds and XX pence/shillings
The total of John Martin's estate when he died was 55 pounds. Mary's 1/3 of the 55 pounds would be 18 pounds. Does this mean that Mary was with child and she named him John born about 1740/41? This is why this John got the 18 pounds at her decease and none of the other children were mentioned in that first part of the payout?
In addition to that, all of Mary's 4 children and this John also received $616 pounds each after she died. She must have been a fantastic farmer/householder to have accumulated so many more funds over the years.
If this works, this younger John could/would be the same John who married 2nd Nancy Todd and the age difference between them would be a little bit smaller.
Another puzzling thing that would be answered is the following: Why did Anthony Samuel, Mary's brother say this in his will?
SAMUEL, ANTHONY, St. George's Parish, p. Apr. 3, 1744. ....my sister's two children John Martin and Mary Martin, the debt due me from Joseph Red; my father James Samuel, Senior. (Page 383)
If this is true, there is no indication about the families of the first 2 children John and William from John 41's first marriage and an opportunity for more YDNA and unknown cousins.
A mortgage was incurred on the land James Martin inherited in May of 1765. James mother, Mary was still alive and both were living on the land. Deed Book Volume 30 1765-1772, Essex County Clerk of Circuit Court, Library of Virginia, InterLibrary Loan
Deed Transcription to the best of my ability.
Essex County Deed Books, Volume 30, Essex County Clerk of Circuit Court
Page 53
This Indenture made the fourteenth day of May in the Year of our Lord one thousand seven hundred and sixty five Between James Martin of the parish of St. Ann in the County of Essex of the one part and John Broaddus of the parish of Drysdale in the County of Caroline of the other part Witnesseth that the said James Martin for and in consideration of the sum of five pounds eighteen shills and six pence current money of Virginia justly due and oweing from the said James Martin to the said John Broaddus Hath Granted bargained sold transferred and Confirmed and by these presents doth Grant bargain sell transfer and confirm unto the said John Broaddus his heirs and assigns forever one certain tract or parcel of land situate lying and being in the aforesaid parish of St. Ann and County of Essex containing one hundred acres be the same more or less bounded by Foster Samuels land by William Bastins land by James Samuels land and by James Colquits land the same being that certain land whereon the said Martin and his mother Mary Martin now lives and is the same which was given to him by the Will of his Father John Martin Deceased. Together with all houses gardens orchards woods underwoods timber ways? waters water courses priveledges casment? commodities heridetaments? and appurtenances whatsoever to the same belonging on in any wise appertaining and the reversion and reversions Remainder and remainders rents? issue? and profits thereof and all the Estate right Title Interest claim and Demand whatsoever in law or equity of the said James Martin his heirs as any person or persons claiming by from or under him in as to the land hereby sold and conveyed and any part thereof and all and any the lands chattels? ……………………………………… concerning the said
tract or parcel of land as any part in parcel thereof and also one redish Brindle cow marked? With a hole in the right ear and a cross and two slits in the left ear and a Bull Calf and one … heifer marked the same of the cow to have and to hold all and singular the said Tract or parcel of land and ….and the said cattle with all and every ……. Unto the said John Broaddus his heirs and assignments the only proper use and behoof of the said John Broaddus his heirs and assigns
Page 54 forever provided always and these presents are upon this Condition that if the said James Martin his heirs Exes or Admin do and shall well and truly pay unto the said John Broaddus or his assigns the aforesaid Debt and sum of five pounds eighteen shillings and six pence current money of Virginia on the tenth day of June next ensuing then these presents to be void or else to stand and remain in the full force and virtue and the said James Martin doth warrant for himself and his heirs to and with the said John Broaddus that he the said James Martin will accordingly pay the debt aforesaid upon the Day before …. payment thereof In Witness whereof the said James Martin hath hereto set his hand & seal the Day and Year first above written.
Signd, Seald & Delivered
In the presence of
James Shaddock
Thomas Samuel James Martin S. S.
Francis Barbee
At a Court held for the Essex County at Tappahannock on Monday the 18th Day of August 1765.
This Deed of Mortgage delivered by James Martin to John Broaddus was proved by James Shaddock and Thomas Samuel two of the Witnesses hereto and ordered to be certified and at a Court held for the said County of Tappahannock on the 16th Day of September 1765 this Deed was fully proved by Francis Barbee the remaining witness and ordered to be recorded.
Test
John Lee, Junr
Clerk
Above is the court record giving administration of Mary Samuel Martin's estate to John Martin and the order for the estate to be appraised and an inventory returned to the Court. Order Book Vol 29, Part 2, Pg. 484, Family Search Film 7856407 Scan 409 of 473. Below shows when the settlement was returned to the Court with no mention of an inventory. This document was found in Vol. 30 of the Essex Court Orders, film #8249526, scan 64 of 427
Above is the Division of the Estate of Mary Martin which was written in October of 1780 but not recorded until March of 1785. Essex County Clerk of Court Will Book 13, 1775-1785. Library of Virginia, IntraLibrary Loan. No inventory of her estate has been found as of 2024.
The above inventory is for William Speed who died about March 1750. This document appears in the Family Search.org Film #7645972 on scan 265 of 519 images. At this point in time, it has not been determined who William Speed was and his relationship with the family. Perhaps Mary Samuel was married to a William Speed prior to her marriage to John Martin? Did he die and was this William Speed a son (or step-son) whose estate Mary Samuel had control over? Was this William Speed the Primary Immigrant who arrived in Virginia in 1747? Was John Martin's first wife a daughter of William Speed and did they name their first son John after John Martin and their second son William after William Speed prior to Speed's daughter's death and then John's subsequent marriage to Mary Samuel?
Alecia's Martin's (decd) note:
(Pg. 171). June 17, 1749. The Debit Account of WILL. SPEED. To 1 mans hat 13/9; 25 neddles; 2 knives and forks 1/3; September 22, 1 3/4 yds Linnen; pr mens shoes 6/1; 4 lbs. Bro. Sugar 1/4. The Credit Account shows; November 6, 1749; By your Account in L. B. 0..16..8.
This account is written in Ed Dixon's (store) account book next to Mary Martin entries. This store is in Port Royal.
William Speed died about March 1750.
Mary Martin is listed as the administrator on the inventory of the estate of William Speed in 1750. The Inventory was not recorded until 1751. Order Book 16: Anthony Samuel, James Samuel and Mary Martin entered into a bond for Mary to Administer the estate of William Speed.
Looking at his estate inventory, it appears that he was probably a tailor and also possibly a cobbler.
Big Leap Theory, I can't figure any other reason why Mary would be made administrator and why there is only one of her children, her daughter Sarah (that would be Sarah, wife of John Chenault) would be getting part of Speed's estate when Mary Martin died in 1780.
My Guess:
Mary Samuel Martin's daughter Sarah Martin married Wm. Speed first. There is no clue as to how old Wm. Speed was and Sarah would have been under 21 in 1750 when he died. He died soon after marriage. They were probably living on the Martin property. Sarah was too young or not capable of handling the estate, so her mother was appointed the administrator by the court for him/them.
The two entries in Mary Samuel Martin's estate payout related to the Speed estate are: Rich Haynes in right of his wife. The other is for John Chenault in right of his wife.
One Richard Haynes was in trouble in 1774 for living in sin with Mary Speed, item found in a court record. Was Mary Speed the child of Wm Speed 1750 and Sarah Martin? As Wm Speeds possibly only descendant, Mary Speed was probably entitled to his estate and Sarah Martin Speed Chenault was entitled to her dower of 1/3. On the payout of Mary Samuel Martins estate page, Richard Haynes received 27 pounds of Speeds estate in right of his wife. John Chenault received 9 pounds of Speeds estate in right of his wife. Even though those percentages end up being 75/25 and not 1/3 to Sarah, could this possibly be the answer?
If so, Sarah Martin Speed? married John Chenault and had several children before he died about 1781. Some say their first child was born about 1754.
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