Descendants
of John Middleton of Onslow County, NC Descendants
of John Middleton of Onslow County, NC
There is a long-standing tradition among many of the descendants of John Middleton of Onslow County, NC that he is the same person as the grandson of Robert Middleton of Westmoreland County, VA (died in 1697). The three documents that follow, all contained in the court records of Westmoreland County VA, clearly demonstrate that such is an impossibility. The first two are the wills of 1) Robert Middleton and 2) his son John. In the latter, John names his son John (the one said by some to be the same person as John Middleton of Onslow Cty, NC) as the executor of his will. The third document is a 1734 Westmoreland County, VA court record in which the siblings of grandson John go to court to get a new executor named for their father's estate because John "since dead", never divided the estate. Thus, John Middleton of Westmoreland County, VA, the grandson of Robert Middleton of Westmoreland County, VA was dead by 1734, ten years before John Middleton of Onslow County, NC died in 1744!
LAST WILL AND TESTAMENT OF ROBERT MIDDLETON (1625-1697)
WESTMORELAND COUNTY, VA
Deeds and Wills Book 2, page 102 A
In the Name of God amen so be it, I Robert Middleton being sick & weak of body, but of perfect understanding, and memory, do give my Soul to God that gave it, my body to be decently buried; As to worldly estate it hath pleased God to give unto me, I do give and dispose as followeth. First I do give and bequeath Fifty acres of Land unto my Son John Middleton and to his heirs forever. Also I give unto my Son John Middleton & my Son Benedict Middleton and to their heirs forever all my Estate of Land jointly and that the eldest heir male enjoy my Plantation of Tarriherne (?) with 961 Acres of Land and three ways of ___ , and that my said Sons or their heirs, shall not at any time sell of Mortgage any of my Said Lands except to each other; Also I give unto John Garland & Nathaniel Garland both sons of Nathaniel Garland, to each of them and English Crown to buy gloves and to Daniel Garland and Jeremiah Garland Sons of Nathaniel Garland to each of them 500 lb Tobacco to be paid by the Executors when said Children are one & twenty years old, and if either of them die before that age, the residue to the Survivor; Also I give unto John, Robert, Thomas, and Eliza Middleton all the Children of John Middleton, to each of them 500 lb Tobacco to be paid to the boys at the age of Twenty One and to the girls at the age of 17 and if any of them die before age ,the Residue to the survivors, Also I give unto my aforesaid Sons all my other Estate of Goods and ___, moveables and unmovables, to my aforesaid Sons, John Middleton and Benedict Middleton all my Estate whatsoever jointly with this promise, that the Negroes now upon my Plantation and ___ be not divided, but that one of my aforesaid Sons have them paying the other for the half value, as they shall agree by themselves or by their neighbours, and so make my two sons John & Benedict Middleton Executors of this my last Will and Testament, willing them to pay all my Just Debts, Dues and Legacies, Signed Sealed this 1st day of February 1797.
Teste Nathaniel Garland, ___ Jordan,
Robert Middleton
Westmoreland Cty : At a Court held for said County the 26th day of May, 1697.
The last Will and Testament of Robert Middleton within named was this day proved by the Witnesses thereto and a probate granted the executors therein named and ordered to be Recorded.
Test: James Westcomb
WILL OF JOHN MIDDLETON I (1650-1706)
WESTMORELAND CTY, VA
Deeds & Wills, Book 13, p 425
In the name of God amen! I, John Middleton do make this my last will and testament, principally and first of all giving my soul into the hands of God that gave it me. And as for what worldly goods it hath pleased God to bless me with all I give and dispose of the same in the following manner, and form. Imprs: I give unto my son John Middleton my Negro woman called Jane and her young child which now sucks at her breast, Item - I give unto my son Robert Middleton my Negro girl called Gilliam. Item - I give unto my son Thomas Middleton my negro boy called Ned [Ted?]. Item - I give unto my son Benjamin Middleton my negro boy called Tony. Item - I give unto my son John Middleton all my working tools and a bed called Johns bed, the rest of my personal Estate my will is that it may be appraised in ___ and to be equally divided amongst the rest of my children (to wit) Eliza, Mary and Alice Middleton, now for a clean and plaine demonstration of this my last will and testament and of my desire in the same I do declare that my will is that my negroes before given to my sons to wit John, Robert, Thomas, Benja Middleton be appraised in toto as the rest of my Estate before is ordered to be and likewise that my ..... to my son John be appraised in tobacco and if the value of ...... before given to my said son John and the tools ..... him shall amount to more than one eighth part of my Estate is in value that then my said son John shall pay into my Executors in trust hereafter named so much tobacco as they do amount to more than one eighth part of my estate comes to, immediately after he has possession of the said two negroes and tooles [sic] and if either of my other three sons negroes should amount to more than one eighth part of my estate that then he or they immediately after possession of his or their negro or negroes amounting to more than his or their eighth part respectively pay unto my Executors in trust as much tobacco as the negro to him given comes to more than his or their eighth part And further my will is that all my debts and funeral charges be paid and discharged out of my personal estate before mentioned before and division of the same be made. And whereas I have before in my last will and testament ordered that if either of my son's negro or negroes should amount to more than one eighth part of my estate before mentioned that he or they should pay the surplus to my Executors in trust, my will is that my Executors in trust pay the same to my three children here after named (to wit, Eliza Mary and Alice Middleton) before named in this my will and testament, And be it remembered that, the reason that I have made no mention of my dear wife Elizabeth Middleton in this my will is that I know the Law of the County provides that all widows shall gave a child's part of their husband's estate and therefore I have before in this my will ordered that my children being seven should have no more than one 8th part of my estate a piece concluding that my wife before named would have the rest by law and my will is that, my whole Estate be kept intire and undivided upon my plantation in the County of Westmoreland where I now live for and toward the support of my wife and children so long as my wife continues a widow but if my wife should marry then my will is that my sons John, Robert, Thomas, and Benj Middleton have their parts of my Estate given to them in this my will so soon as they shall severally attain to the age of 21 years old a piece and that my daughters before mentioned in like case have their parts paid unto them so soon as they shall attain to the age of seventeen years old a piece and my will is that all my land may be equally divided between my four sons John Robert Thomas & Benjamin Middleton in quality and quantity share and share alike, to them and their heirs forever, and I do hereby constitute appoint and ordain my son John Middleton Executor of this my last will and Testament, and further I do appoint my loving brother Benedict Middleton and William Hammock both of this County of Westmoreland overseers and Executors in trust over my said Executor to see this my will performed according to the true intent and meaning thereof hereby making null and void all former wills and testaments. I do declare this to by my Last Will and Testament. In witness whereof I have hereunto set my hand and seal this 14th day of March Anno Dom. 1705/6.
John Middleton
Signed, Sealed, published and declared in the presence of us Christopher Peale, George Harrison, John Self
Westmorld II -- At a Court held for the said County the 2nd day of September 1706. The last will and testament of John Middleton within written was proved by the oaths of all the witnesses thereto subscribed and a Probat thereof granted to Benedict Middleton and William Hammock Executors in trust therein mentioned during the minority of John Middleton Executor, in the said will named.
WESTMORELAND CO. (VA) ORDERS 1731-39, P 131
Thomas Middelton, Mary Middelton, and Alice Middelton Children of John Middleton Decd by their petition to this court therein set forth that their Said father some time before his death made his last will and Testament in Writing and therein made Disposition of his Estate among his wife and Children and of his Said will Nominated and made his Son John Middelton his Exr and in an Explaining clause in the Said will makes this proviso: That if the value of the two Negros before given to his Said Son John and the tools before given to him shall amount to more than one Eighth part of his Estate is in Value that then the Said John Should pay to his overseers in trust (viz) Benedt Middelton and William Hamack So much Tobacco as they do amount to more than one Eighth part of his Estate Comes to Immediately after he the Said John has posession of the Said Negroes and Tools &, That he the said John Middleton hath according to the Direction of the Said Will had and received the Said two Negros the Tools and other things amounting to much more than the Value of the Eighth part of the Total amountment of the whole Inventory and appraisment of the whole Estate as may appear by the Said Inventory, That the Said John Middelton the Legatee is Since Dead without paying or Satisfying the Said petitioners their proportionable parts of the amountment of the Legacy to him given as by the Said which he was to Do. Therefore, the Said Petitioners humbly prayed and order against the Estate of the Said John Middleton (the Legatee of their said father) Now in the hands of Benjamin Middelton which Promises [?] being maturely Considered by the Court they Do order that Presly Cox, Robert Middelton, and Benedict Middelton do Some time before the Next Court to be held for the County aforesaid Settle and adjust all matters by the said petitioners Complaint for in Equal proportions according to the will and Inventory of their Said father John Middelton decd. and having so don[e] to Report a stated ___ of their proceedings herein under their hand in writing to the Said Next Court.
Westmoreland / At a Court held for the said County the 26th Day of March 1734
Present: Robert Washington, Isaac Alleston, Daniel McCarty, Patk Spence -- Gent. Justices -- Court Proclaimed
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