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Hezekiah Jackson

Born: Goochland, Virginia 1736

Died: Charlotte, Virginia 1771

Elizabeth Pamplett

Born: Lunenburg, Virginia 1742

Died: Lunenburg, Virginia

Prince Edward, Virginia Marriage Record for Hezekiah and Elizabeth Nov. 10, 1761

Source:   Marriage Bonds and Minister Returns of Prince Edward County, Virginia 1754-1810 (Camille Lundeen’s Research)

Probate Record for Ezekiah(Hezekiah) Jackson

Hezekiah died without a Will. His property and possessions went into Probate and a Judge decided who got what. Elizabeth Pamplett, wife of Hezekiah chooses to take a Widow’s Dower of 1/5 the property and leaves the rest to her children, Josiah, Robert, Abel, and Martha. Elizabeth later remarries John Mitchell who has children of his own and is a Widower. She is mentioned in John Mitchell’s Will as well as her children. It looks like from the Inventory that Hezekiah didn’t own any property.  Finding John Mitchell’s Will was the work of Grandma Lundeen when she served her mission in the Family History Center in Salt Lake City. I definitely couldn’t have found the connection without her notes.  

Source: Library of Virginia Archives Charlotte County Will Book 1 (1765-1791) P. 84-85 Inventory of Ezekiah Jackson’s Estate, recorded 5 August 1771 P.87-89 Accounts and. Division of Ezekia’s Estate, recorded 2 December 1771

John Mitchell Guardian to Abel Jackson and his siblings Aug. 1777

John Mitchell's Last Will and Testament 1783

John Mitchell was the guardian for Elizabeth’s children when her husband Hezekiah died. John married Elizabeth Pamplett Jackson when his own wife Mary Foster passed away leaving him with very young children. He lists his 2nd wife, Elizabeth’s children, Robert, Abell, and Martha receiving the three slaves she brought into the marriage. He gives everything else to his natural born children but makes certain his wife(our gr. gr. grandma) can take care of the young infants at one of his plantations during her natural life.  The Executor, John Watkins would become guardian to the Jackson children and Mitchell’s children, taking care of the financial security of all involved.  (Information attached to Records)  Abel would end up marrying Patsey Jackson in Prince Edward, Virginia April 1793 with Matthew Jackson in attendance (Patsey’s Father)

In the Name of God Amen. I John Mitchell of the county of Charlotte being sick and weak and low in body but of perfect mind, sound judgment and memory, do make an ordain this as my Last Will and Testament.  First I recommend my soul to God who gave it in hopes of a happy preservation and my body to be buried at the discretion of my Executors here after mentioned, Item I give and bequeath to my son William Mitchell a Negro boy named Roger and a bay colt to him his heirs and assigns forever. Item I give to my daughter Sarah Mitchell a Negro girl named Amey, bay mare and her colt and bridal and saddle to her and her airs forever. Item I give to Robert Jackson, Abel Jackson, and Martha Jackson the children of my wife my three Negroes ?, Daphne and Sukey to be equally divided between them at the discretion of my wife whenever she shall find it necessary and convenient for her to be done, and should any of the three children Robert, Abell and Martha die before such division or distribution is so made, then in that case my said wife shall allot that part to such of the survivors as she and her discretion made judge proper, I give to my son William Mitchell my tract of land in Lunenburg(reserving Liberty to my wife to make use of the same during her natural life) to him and his heirs and assigns forever. The remainder of my estate of what kind and nature so ever after my just debts are paid, I leave unto my loving wife during her natural life for the support of her and my infant children Thomas,  Betsy,  and Lucy and their schooling, and at her death, then I order and direct the said estate to be equally divided between my said last mention children or the survivors of them at the discretion of any executors but should the estate be so improved and increased that their shares should exceed those devise to my children William and Sarah on the division to be made that the same be allotted and made equal, having regard to the legacies bequeathed – I give also to my son William a bridal and saddle. I direct that my tract of land joining Skelton Baysbeach and Handkins we offered to Robert Jackson on his paying the consideration money given for the same, should my Executors find it convenient to departed from, and not prejudice to my infant family and wife in that case they are hereby empowered to make conveyance of the same. And Lastly I constitute and appoint my Loving Wife Elizabeth and my trusty friend and neighbor John Watkins Executrix and Executor of this my Last Will and Testament here by revoking all others by me heretofore made declaring this only to be my

.

Last will and testament, in witness where of I have here to set my hand and I fixed my seal the 16th day of July 1783.                         John (His Mark) Mitchell S.S.

Signed sealed and acknowledged in presence of Thomas Reid, Thomas Morton, Rose Page…

 

At a court held for Charlotte County the fourth day of August 1783 this last will and testament of John Mitchell deceased was exhibited in court by John Watkins the Executor there in named and the same was proved by the Oath of Thomas Morton and Rose Page, in order to be recorded. On the motion of the said Executor who made oath according to law certificate is granted him for obtaining a probate of this said Will in due form, he giving security where upon he with Thomas Read his security entered into and acknowledged their bond for that purpose, reserving liberty to Elizabeth Mitchell the Executor there in named to join in the probate there of when she shall think fit.                        Thomas Read.    Clerk

Hezekiah's Children 1784 and 1785

Elizabeth was till alive during this time, but her children according to local law had to have a guardian until they came of age to take care of their financial needs, and educate them by finding an apprenticeship for the male children. Abel’s step-father, John Mitchell died in 1783 he was their guardian up until that time. 

What does it mean "to be bound" according to Virginia custom in the early 18th Century?

As an adjective, denotes the condition of being constrained by the obligations of a bond or a covenant.

On RootsWeb there is a transcript of a talk “What Genealogists should know about 18th Century Virginia Law” presented November 17, 1999 at the Library of Virginia by Mr. John P. Alcock, President, Friends of the Virginia State Archives. This gives an overview of several laws of the period, including nuances that will not be familiar to a modern audience. For instance, the word “orphan” did not have its current meaning of a child who has lost both parents. In a discussion of children who were taken away from their mothers and bound to serve strangers, Mr. Alcock says:

A child whose father had died was an orphan in that era, even if her mother was living. The father in his will could name a guardian or guardians for his infant children (infant was the legal term for under age) to manage their estates and arrange for their education. If he did not do so or if he died intestate, the court could name the guardian unless the child was 14 or older, in which case he or she could choose one. However, “where the estate of the orphan be so small value that no person will educate and maintain him for the profits thereof, such orphan shall be bound apprentice, every male to some tradesman, merchant, mariner, or other person approved by the court until the age of 21.”. Females were similarly bound but to age 18. The master or mistress of every servant was to provide “diet, clothes, lodgings and accommodations and teach him to read and write and at the expiration of his apprenticeship to give him the same allowance appointed for servants of indenture”.