My 9x great grandfather Thomas Gwaltney died in late July 1666 in Surry County, Virginia. On 4 September 1666, two people provided testimony at Surry Court about his nuncupative will [spoken in the presence of witnesses]. John Clarke testified that he was at Thomas Gwaltney’s house in late July two days before he died and that Gwaltney said that wanted to “set things in order.” Clarke testified that Gwaltney said that he wanted his son William to have his horse, “the bed I now lye upon” and his land. Clarke then testified that Gwaltney wanted everything else to go to his wife and “leave it to her [to] dispose.” Clarke attributed a statement to Gwaltney concerning the land for his son “I know nobody can take it from him.” Uttered on his death bed, this statement exemplifies a realized dream for Thomas Gwaltney in becoming a landowner and providing the same as an inheritance for his son.
Another witness, Patrick Bartly, testified that he had been at Thomas Gwaltney’s house the Saturday before he died and suggested to Gwaltney to make a will to save his wife much trouble. He testified that Gwaltney answered “I leave to my wife’s disposal, for her and her children, for I know she will be careful of hers as well as mine.” The court decided that it was Thomas Gwaltney’s intent was that his just debts be paid, provide the legacy to his son, and that he wanted his wife to be Executrix of his estate.[1]
Thomas Gwaltney arrived in Virginia as an indentured servant. While his arrival date in Virginia is unknown, he was in Virginia by 1650 when William Yarrett and Francis Whittington, both of Isle of Wight County, received a patent for 660 acres on the northside of the Rappahannock River for paying for the transportation of 12 persons including Tho. Gwalpmey [sic].[2] Some researchers believe him to be the Thomas Gwalmay [sic], age 22, that sailed out of London, England aboard the ship Falcon in 1635 headed for Barbados. They suggest the ship, and Thomas Gwaltney, went on to Virginia in the common triangular trade route between England, Barbados and Virginia arriving in Virginia by 1636.[3]
As Yarrett and Whittington paid his passage to Virginia, they were entitled to 50 acres of land under the headright system. It was not unusual for a patent to be awarded years after a person’s arrival, which makes it plausible that both records refer to Thomas Gwaltney of Surry County, Virginia and fix his birth year at about 1613. A 2002 analysis of 17th century headrights in Surry County, Virginia by Robert W. Baird concluded that “the average interval between the issuance of the headright certificate and the issuance of the patent for which it was used was roughly five years. Only two headright certificates were used within a year of being issued, and only three others within two years. Five certificates were used more than ten years after being issued, one of them more than twenty years later.”[4]
There are very few records relating to Thomas Gwaltney. On 1 February 1659/60 [recorded 2 February 1662/3] Thomas Gwaltney witnessed the will of James Took.[6] On 3 February 1663 Thomas Gwaltney bought a sorrel mare from Thomas Harris’s estate, which was acknowledged at Surry County Court on 29 September 1665. One of the witnesses was his stepson James Atkins[on].[7] On 29 August 1665, he “for diverse and good causes” gave to his son-in-law [stepson] James Atkins[on] a sorrel mare. Some records concerning James and Thomas Atkinson refer to them Atkins. They used Atkinson as adults.
On 1 September 1665, Thomas Gwaltney sold a six year old black cow “known by the name of Cool Cross” to ——— Markina [Marking?]. [8] On 9 May 1666, Thomas Gwaltney witnessed deed between John Clarke and Katherine, his wife and Edward Browne.[9]
On 14 May 1666, Thomas Gaultney [sic] received a patent for 200 acres in Surry County bounded by Major Sheppard’s land and the main Black water swamp for the transportation of four persons.[10]
On 30 June 1666, Mary Gwaltney, “aged forty-eight years or thereabouts” gave a deposition in which she testified that about five weeks prior, Goodman Bartly came to her and said that his wife was not well. When Gwaltney went to check on her, she found Ann Simpson had a female child.[11]
Just a few months after Thomas Gwaltney’s death, on 4 October 1666, Mary Gwaltney was back in court, party to a premarital agreement with her soon to be next husband, Captain Thomas Pitman who agreed that after marriage, Mary would maintain the right to dispose of a horse, a mare, two pewter dishes and cattle known to be for her two youngest children [unnnamed]. It was also noted that her youngest son William Gwaltney was to have two years of schooling.[12]
The following year, on 7 November 1667, James Atkinson, son of Thomas Atkinson, was in court to discharge Thomas Pitman who married the relict of Thomas Atkinson, deceased and Thomas Gwaltney, deceased, from “all manner of debts and gifts given me by my father’s will and also for Thomas Gwaltney, my father-in-law [stepfather] give me by will or any other manner.” James Atkinson’s brother Thomas Atkinson was a witness.[13] On the same day, Thomas Atkinson, son of Thomas Atkinson, deceased, released Thomas Pitman “of all debts or other obligations, Thomas Pitman having married the relict of Thomas Atkinson, and also the relict of Thomas Gwaltney.” His brother James Atkinson was a witness.[14] Their mother may have died about this time and anything she had that belonged to their father would have been distributed to these sons.
Mary (———-) Atkinson Gwaltney Pitman was certainly dead by 10 September 1672 when Thomas Pitman was back in court making another premarital agreement with Lydia (Gray) Judkins, widow of Samuel Judkins who had died a few months earlier. Pitman agreed to allow her to maintain of any part of Judkins estate over which she had control. This was done to protect her children with Samuel Judkins.[15] Samuel and Lydia (Gray) Judkins are also my 9x great grandparents.
Thomas Gwaltney, b.c. 1613, arrived in Virginia between 1636-1650, d. late July 1666, Surry County, Virginia. He married about 1658, Mary (———-), b.c. 1618, d.c. 1672, widow of Thomas Atkinson with whom she had two sons – James Atkinson and Thomas Atkinson.
Child of Thomas and Mary (———-) Atkinson Gwaltney is:
William Gwaltney, b.c. 1659, Surry County, Virginia, d.c. 1732, Surry County, Virginia, m. Alice Flake
[1] Surry County, Virginia Deeds Etc. No. 1 1652-1672, p. 277
[2] Nugent, Nell Marion. Cavilers and Pioneers, Abstracts of Land Patents and Grants 1623-1800, Volume I 1623-1666 (Richmond, Virginia: Dietz Printing Company, 1934), p. 191
[3] Hotten, John Camden. Original Lists of Persons of Quality, 1600 – 1700 (Baltimore: Genealogical Publishing Company, 1986), p. 64
[4] Baird, Robert W. An Analysis of 17th Century Headrights in Surry County, Virginia, 2002; https://genfiles.com/misc-files/Surry-Headrights.pdf
[5] Herrman, A., Faithorne, H. & Withinbrook, T. (1673) Virginia and Maryland as it is planted and inhabited this present year. [London: Augustine Herrman and Thomas Withinbrook] [Map] Retrieved from the Library of Congress, https://www.loc.gov/item/2002623131/.
[6] Isle of Wight County, Virginia Deed & Will Book 1, p. 590; https://www.familysearch.org/ark:/61903/3:1:3QS7-99PC-L4MT?view=fullText&keywords=Took&groupId=M9ZJ-S6P
[7] Surry County, Virginia Deeds, Etc. No. 1 1652-1672, p. 260 ; https://www.familysearch.org/ark:/61903/3:1:3Q9M-C9PX-KH38?i=146&cat=366316
[8] Surry County, Virginia Deeds Etc. No. 1 1652-1672, p. 259; https://www.familysearch.org/ark:/61903/3:1:3Q9M-C9PX-KH3V?cat=366316
[9] Surry County, Virginia Deeds Etc. No. 1 1652-1672, p. 271; https://www.familysearch.org/ark:/61903/3:1:3Q9M-C9PX-KH3W?i=151&cat=366316
[10] Gaultney, Thomas. Land Grant 14 May 1666. N.p., 1666. Print, Library of Virginia, Richmond, Virginia.
[11] Surry County, Virginia Deeds Etc. No. 1 1652-1672, p. 273; https://www.familysearch.org/ark:/61903/3:1:3Q9M-C9PX-KH34?i=152&cat=366316
[12] Surry County, Virginia Deeds Etc. No. 1 1652-1672, p. 281; https://www.familysearch.org/ark:/61903/3:1:3Q9M-C9PX-KH3M?i=156&cat=366316
[13] Surry County, Virginia Deeds Etc. No. 1 1652-1672, p. 299; https://www.familysearch.org/ark:/61903/3:1:3Q9M-C9PX-K41R?i=165&cat=366316
[14] Surry County, Virginia Deeds Etc. No. 1 1652-1672, p. 299; https://www.familysearch.org/ark:/61903/3:1:3Q9M-C9PX-K41R?i=165&cat=366316
[15] Surry County Deed Wills Etc. No. 2 1671-1684, p.21; https://www.familysearch.org/ark:/61903/3:1:3Q9M-C9PX-KZC8?i=297&cat=366316
A Son of Virginia 