James GILBERT

Bef 1645 - Bef 1704  (< 59 years)

• Name	James GILBERT
  Birth	Bef 1645
  Gender	Male
  Will	31 Jan 1702	North Farnham Parish, Richmond County, VA
  Death	Bef 7 Jun 1704	North Farnham Parish, Richmond County, VA
  Probate	7 Jun 1704	Richmond County, VA
  Notes	(1) Source: Early Colonial Settlers of Southern Maryland and Virginia's Northern Neck Counties <http://www.colonial-settlers-md-va.us/getperson.php?personID=I085137&tree=tree1>. (2) Wills of Richmond County, Virginia, 1699-1800 [database online], Provo, UT: Ancestry.com Operations Inc, 2006, pp. 17-18: WILLS AND INVENTORIES, 1699-1709 f69r - James GILBERT, NFP [North Farnham Parish], will; 31 Jan 1701/02, 7 Jun 1704 wife; ex: fr. [friend] John MILLS Jr; wits: Edward WELCH, Jane WILLIAMS, Thomas WHITE. (3) The following affidavits, which appear in Virginia, Colonial Abstracts, 1632-1810 [database online], Provo, UT: Ancestry.com Operations, Inc., 2008, pp.285-287, were apparently submitted in an attempt to prove that James GILBERT's will was invalid: RICHMOND COUNTY, Records, 1704-1724 Richmond County, Miscellaneous Records, Book 1. p. 26. "Thomas Longdale aged 24 yeares or thereabouts being Examined sarth that a jeare and a halfe before James Gilberts death John Mills came over to James Gilberts, where your depo't then Lived and when the said John Mills went away, the said John Mills told your depo't that James would make his will, meaneing your depo'ts master to the best his knowledge and sometime after that John Mills Junr came to your Depo'ts masters house and your Depo'ts master, James Gilbert went along with the said John Mills Jun'r, and when the said James Gilbert came back againe your Dep't: asked him whether he had finished his Business and the said James Gilbert answered, yes, and some time after that your depo't asked John Mills Junr who your Depots master had left his Estate to, and the said John Mills Jun'r answered that he had left it all to him onely twenty shillings and that he left to his wife, and sometime after that your depo't: mett with Thos White and be told your depo't that his master had Sett him Free when he dyed". Tho V Longday his mark. Jurat in Cur 2'd die 9'br 1704. Recordat Test James Sherlock Cl Cur. * * * p. 26-A. "Anne Kelly aged 20 yeares or thereabouts saith that on new yeares Day Last, Thomas Dierham your depo'ts master sent her to James Gilbert to desire him to Come Downe to pipe it and your depo't and the said James Gilbert were coming back, by John Mills his plantation, James Gilbert asked your depo't whether his old woman was att your depo'ts masters house, and your depo't answered, yes she was, and the said James Gilbert held up his two hands and said, God's Curse Light upon that Family nameing John Mills, and all his Familly, and said that if it was not for John Mills and his wife, he and his wife would never have lived att Variance as they did, and your depo't told him the said James Gilbert, that it was his own Fault living so and asked him why he had not saught away his Chest and Confound that will which he made, and the said James Gilbert said that John Mills and his Family had Robbed his Chest so that they would not agree upon any meanes that he should Fetch it away, and that they were ashamed of It, and the said James Gilbert said that there was a will made but Swore by God, that he knew not what was in it no more then I did, and your Depo't asked the said James Gilbert whether he was sent for to signe his will, but the said James Gilbert answered sweareing by his God, that he did not signe it, and told your depo't that he had not the sense, to make a will, and that John Mills was a Rogue for makeing a false Will, and that that made him and his wife live so discontentedly and further your depo't saith that she see the said James Gilbert in Feb'ry Last to the best of your Depo'ts knowledge, Count 15 head of Cattle for fourty". Anne x Kelly her mark. Jurat in Cur 2'd die 9'ber 1704. Recordat Test James Sherlock Cl Car. p. 27. "Lawrence Callahan aged 21 yeares or thereabouts being Examined saith, that your depo't being att John Simons his house on a Sabbath Day sometime the Last Summer he heard John Mills and Tho's Landale Talking together, and Thomas Langdale told John Mills that he did not know that he was to be sett Free by his masters will till he had mett Tho White coming From Moratico Mill, and the said John Mills said that It was his mistake not to putt it in but that he should be Free nevertheless And further your depo't saith not". Lawrence x Callahan his mark. Sworne to in Cur 2'd Nov'r 1704" p. 27. "Dorothy Durham aged 41 yeares or thereabouts saith that sometime before James Gilberts death being in Company of the saaid James Gilbert and William Smoote amongst others Discourse she heard the said James Gilbert say, to the said William Smoote that he did not know that there was any Resurrection or not and that he had made a will to John Mills, but that It signified nothing and that your depon't did severall times heare the said James Gilbert say that John Mills was a rogue, and that he nor any of his should ever be the better for what he had And Further your depo't saith not". Dorothy x Durham her mark. Jurat in Cur 2'd 9'br 1704. Recordat Test James Sherlock Cl Cur. p. 27-A. "John Ingo aged twenty nine yeares doth give upon oath that James Gilbert a small time before his death was att his bouse and did declare to him that he did Intend to Fetch away his Chest from John Mills house for he said it lay in such nasty condition with hen dung and such like nastiness that he could not well come at his Chest for it and that, he was afraid that the Chest of Goods, both would be damnifyed with nastiness and that he did Intend to Fetch the Chest home to his owne house and did swears bitterly that John Mills nor none of his Family should ever be the better for any thing of his Estate and that the will that he made did signifye nothing and the said John Ingo further saith that a little before James Gilbert was burnt he asked him whether he was not perswaded to make a will or made Drunk when he did make it, and the said James Gilbert answered that he was not, but was as sober as he was att that ttme, and then the said James Gilbert was sober to the best of your depo'ts knowledge". Jno Ingo. Jurat in Cur 2'd 9'br 1704. p. 28. "Martha Ingo being sworne and Examined saith that some small time before James Gilberts Death the aforesaid James Gilbert being att your Depo'ts house she did aske the said James Gilbert why he did not alter his will, and the same James Gilbert confessed that he would and att the same time your dep't did heare the said James Gilbert sweare, (by God or Gods Blood) that John Mills nor any of his family should ever be the better for any thing that he had, for he was a Very Rascall or a Rogue which of them your depo't cannot well say, and further the said Martha Ingo saith that a small time before the said James Gilbert was Burnt, she heard her husband John lngo aske the said James Gilbert whether he was not perswaded to make a will or made Drunk when he did make it and that the James Gilbert answer'd him and said that he was not Drunk but that he was sober", Martha O Ingo her mark. Jurat in Cur 2'd Nov'r 1704. Recordat Test James Sherlock Cl Cur. p. 28. "Will: Smoot saith that to the best of his Judgement that James Gilbert was not in his perfect sences by Reason of fitts which had followed him for severall yeares, and I having some discourse with him about a will which he had made to John Mills For to had him altered it and he said he had made a will to John Mills but it signifyed not for it was good for nothing and I advising him to prepare for his End and to make his peace with God and to be reconciled with his wife and he giving very foolish and cross answers, I told him that if he had a mind to have the Sacram't given to him that no minister would give it to him if he did not change his mind and likewise I asked him if he thought there was a Resurrection or not and he said he did not know, and that he did not goe to Church nor would not yeild to have any reading to him in his sickness nor att other times did not care for it as ever I could understand but it was his delight to be In the woods with his Gunn on the Sabbath Day". Will Smoot. Jurat in Cur 2'd 9'br 1704. Reeordat Test James Sherlock Cl Cur. (4) On November 1, 1704, the Richmond County Court, held that James GILBERT's will was valid, stating: Pursuant to an Order of Court the 3d day of August 1704, granted upon the petition of MARY GILBERT for the (C___) of John Mills, Exectr. of the last will and testament of James Gilbert, deced., to prove the will of the said James according to due form of law . . . Gilbert's attorney Geo. Eskridge . . . did by his pleading make voyd the same and all dependence and evidences in order to prove the sd. James in his life time revoaked the said will. The Court on ye consideration of ye whole matter are of judgment that the will of the said James Gilbert is a good will and duely proved and that the evidences produced to prove the revocation thereof are not sufficient in the law to prove the said revocation. . . . [Richmond County Order Book Number 4, 1704-1708 (VA County Court Records, Antient Press, McLean VA 1996), p. 5. See the message dated September 5, 2000 posted by Robert Ule to the SMOOT-L Mailing List.] (5) Mary GILBERT appealed from the judgment of the Richmond County Court, and in connection therewith filed an appeal bond which provided as follows: This day Samuell Samford and Edward Jones acknowledged themselves indebted to the Worsppll. her Majties. Justices of Richmond County in the full and just summe of twenty thousand pounds of good tobbo. and caske to be paid to the said Justices their Exrs, and Admrs. in case Mary Gilbert do not prosecute and appeale by her made from an Order of this Court this day obtained against her by John Mills, Exr of James Gilbert, to the 5th day of the next Generall court. [See the message dated September 5, 2000 posted by Robert Ule to the SMOOT-L Mailing List. That message does not state the outcome of the appeal.]
  Person ID	I42666	Frost, Gilchrist and Related Families
  Last Modified	17 Apr 2024

  
  

  Family	Mary SMOOT[?],   b. Bef 1647   d. Aft 3 Sep 1707, North Farnham Parish, Richmond County, VA (Age > 61 years)
  Marriage	Bef 7 Apr 1663	North Farnham Parish, Richmond County, VA
  Children	1. Dorothy GILBERT[?],   b. 7 Apr 1663, North Farnham Parish, Richmond County, VA d. Aft 9 Feb 1725 (Age > 62 years)   2. Alice GILBERT[?],   b. Abt 1666, North Farnham Parish, Richmond County, VA d. Bef 8 Oct 1701, Lancaster County, VA (Age ~ 35 years)   3. Thomasin GILBERT[?],   b. Abt 1668, North Farnham Parish, Richmond County, VA d. Aft 12 May 1713, North Farnham Parish, Richmond County, VA (Age ~ 45 years)
  Family ID	F18372	Group Sheet  |  Family Chart
  Last Modified	17 Apr 2024