In response to the email from BurrussAnn(a)cs.com...
John was from Timberneck, and his will was dated May 3, 1808. He was an
eminent lawyer of King William and Gloucester counties. He bought in 1792
"Timberneck" (the old home of the Mann's and where is now the burying
ground
containing Mann tombs), from Gov. John Page, of "Rosewell". The following
is the will of John Catlett of "Timberneck," made may 3, 1808, probated
7/4/1808. SEE THE FIRST ITEM FOR CONFIRMATION OF HIS SON, JOHN WALKER
CARTER CATLETT. The will was re-recorded March 6, 1821, after the burning
of the clerk's office office in 1820, by which all records were destroyed:
"Imprimis: I give to my son Charles my Wilson Creek plantation, to him and
his heirs forever, but if he should die without issue living at his death,
then it is my wish that the said land should be sold by my executor
hereinafter named upon such terms as he shall think proper and the money
arising from such sale to be equally divided amongst my daughters living at
the time of his death.
"Item.--To my son John Walker Carter the plantation on which I now live,
which was purchased of John Page, also that part of said tract purchased of
Dr. Marshall's estate, to him and his heirs forever, but if my said son John
Walker Carter should die without issue living at his death, then it is my
will that my son Charles should have and possess the said tract of land on
which I now live, to him and his heirs forever, and the land which I have
given him above to be sold for the purposes aforesaid. It is my further
will and desire that all my children should live with ???? my said mansion
house plantation so long as they remain single, but it is my intention that
my son Charles, when he arrives at the age of twenty-one or marriage, shall
take possession of his estate left him above, and not before, nor is he to
be entitled to any part of the rents and profits until he is of age or
marries, but the said rents and profits are to be for the benefit of all of
my children until the arrival of that period. It is to be further
understood that when my son Charles shall come to the enjoyment of his
estate left him as aforesaid that then he is no longer to live in the
mansion house except in the event of his being entitled to the said mansion
house plantation by the death of my son John as aforesaid.
"Item.--I give to my daughter Hetty a mulatto girl called Sally Peters, to
my dau. Sally a girl called Courtney, to my dau. Polly a girl called
Evelina, to each of my other daughters a maid a piece to be chosen by them,
but neither of them is to choose one older than those already given to my
other daughters. It is my further wish that all the rest of my estate of
what nature or kind soever, including that part of my father's estate which
I shall be entitled to at the death of my mother, and the negroes which I
shall be entitled to at the death of Mrs. Brooke, shall be equally divided
amongst all of my children, but as I have advanced considerable sums of
money and am now bound to pay other considerable sums of money for
Bartholomew Yates, who hath intermarried with my dau. Sally, and as it is my
wish that all of my daughters shall stand on equal footing, I desire that
the amount of the money so paid or to be paid by me for the said Bartholomew
Yates shall be upon the distribution of my estate deducted from my daughter
Sally's portion. But if Bartholomew Yates should think proper to refund to
my estate all the money which I shall have paid for him or shall pay himself
any money which I was bound to pay, then it is to be understood that his
portion is to be lessened only for the amount of money actually deficient.
It is my express wish and desire that upon the allotment of my dau. Sally's
portion my executor hereafter named shall secure the same to her and her
issue by putting it in the power of trustees or otherwise, so as to prevent
Bartholomew Yates, her husband, from selling or disposing of the same. It
is my further wish that the whole of my estate be kept together for the
benefit and maintenance of all of my children until my son Charles shall be
of age or married, at which time I wish his portion allotted him, or if
either of my daughters should marry, then I wish those so marrying to have
their portion. My dau. Sally will be entitled to her portion immediately or
at the end of the year, if Bartholomew Yates will pay and reimburse to my
estate all the money which I shall have paid or my estate be bound to pay;
then I wish him to live at my mansion house until my son John shall be of
age or if John should die as aforesaid, and Charles should in that event be
entitled to the said mansion house, then Bar. Yates shall have the liberty
of living in said mansion house until Charles shall be of age, but it is to
be understood that if the said Yates should live at the mansion house as
aforesaid his portion of the negroes and other property is to remain to work
on the said plantation for the benefit of all of my children. If the
negroes or some one of them should behave himself or themselves very badly,
I authorize my executor to sell and dispose of him or them as an example to
the others. I do hereby nominate my friend William Jones my whole and sole
executor so long as he lives, and if my estate at his death is not
distributed among those who are entitled, then I appoint my brother George
Catlett my whole and sole executor. I expressly wish and desire that as my
children shall be entitled to an allotment of their portion respectively, my
aforesaid friend William Jones, with one or two other friends chosen by
himself, shall make the said allotment without the interposition of a court
of chancery.
"It is not my wish that my executor shall give any security for his
executorship, nor do I wish any inventory or appraisement of my said estate
to be made.
"In witness whereof I hereunto set my hand and affix my seal this 3rd day of
May in the year of our Lord 1808.
"John Catlett. [Seal]
"Test.:
"W. Taliaferro.
"Dan'l Duval.
"Catesby Jones."
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She also asked: ".... and what line did John Catlett who married Ann Walker
Carter come from?"
I believe this John was the son of John T. CATLETT (b.1730, Gloucester, VA;
d. 1802) and Mary M. EGGLESTON (b.abt.1738, Gloucester, VA). That John T.
was son of Col. Thomas CATLETT and Martha THORNTON.
I also show that Frances King BURWELL was the 2nd wife of John Walker Carter
CATLETT, the first wife being Agnes Jane THRUSTON (d. 4/15/1838) and their
marriage taking place 7/6/1826 . The children of this first marriage may
have been: Sarah Berkeley Brown CATLETT mar. William Wilmer NELSON; Ann
Walker Carter CATLETT mar. Charles Carter Page WALLER; Charity Jones CATLETT
(lived 1.5 years); John Robert William Thruston CATLETT (lived about 3
years); and Dr. John Robert CATLETT mar. Elva EWING.
I believe your Charles was the firstborn of the six children of Frances King
BURWELL.
I would appreciate any corrections to the aforementioned if proven to be
different.
Pam