Botetourt County Virginia USGenWeb Archives Court.....Minutes, County Court November 1773 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/va/vafiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Joy Fisher sdgenweb@yahoo.com April 3, 2007, 11:39 am Source: Annals Of S W Virginia Written: November 1773 At a court held for Botetourt County the 9th day of November, 1773. Present. John Bowyer, James Trimble, Wm. Fleming and John Robinson, Gent. Ord. that Samuel Woods, Wm. Madison, James Barnett, Robt. Elliott and Peter Direley or any three of them do view the several ways proposed from Vauses Fort to Fincastle County line and make report thereof to the court. On the motion of Archibald Campbell leave is granted him to build a grist mill on Peter Evans' Mill Creek, he being proprietor of the land. This court doth appoint William Madison Surveyor of the Uoad in the room of John Madison, who is dischd. from that office. Ordered that the Church Wardens of this Parish bind out according to law Jean, a bastard child of Margaret McMullin. This court doth appoint John Watkins Constable in the room of Martin McFarran, who is dischd. from that office. The Grand Jury appeared in court and were sworn, towit: James Leatherdale, James Cartmill, James Green, Jas. Lawrence, Archibald Woods, John Potts, David Smith, James Robinson, Henry Smith, Saml. Adams, Saml. McAfee, Jas. Barton, Thomas Arbuckle, James Ritchey and Wm. Robinson, & thereupon they went out of court to consider of their presentments. Ord. that this court be adjd. till tomorrow morning, six o'clock. The minutes of these proceedings were signed by John Bowyer At a court held for Botetourt County the 10th day of Novr., 1773. Present. John Bowyer, John Maxwell, James Trimble, Andrew Woods and Wm. McKee, Gent. On the motion of Andrew Boyd a licence is granted him to keep an ordinary at his ferry in this County, whereupon he entd. into and acknd. bond with Wm. Preston his security in fifty pounds conditioned as the law directs. An instrument of writing purporting to be the last will & testament of James Lawrence, Junr., was presented in court & proven by Malcom Allen and James Lawrence, Senr., two of the witnesses thereto, and ordered to be record. Francee Lawrence, widow and relict of the said James Lawrence, decd., comes into court and relinuqishes all legacies contained in the will of the sd. James to her and claims her thirds, which is ordered to be recorded. Ord. that Caleb Worley, Andrew Crawford, Saml. Givens and George Givens or any three of them being first sworn do appraise the estate of James Lawrence, decd., & report make thereof to the next court. Saml. Lawrence, Jr., & Henry Hunter, Exors. of Jas. Lawrence, decd., entd. into and acknd. bond with Jas. Lawrence, Thos. Arbuckle and Uriah Humphries, their securities, conditioned as the law directs, for their faithful discharge of their executorship. The Grand Jury sworn yesterday rctd. into court and presented the following persona, towit; John Webb for getting Elizabeth Snodgrass with child. Wm. Crow for retailing liquors without a licence. The Surveyor of the Road from John Stewart's to John Howard's. Ordered that summonses issue agst. the several persons this day presented by the Grand Jury, returnable here at the next court. This court doth appoint John Matthews Constable in the room of John Robinson, who is dischd. from that office. This court doth appoint Joseph Pryor Surveyor of the Road in the room of John Crawford, who is dischd. from that office. Samuel Givens the same in the room of Saml. Lawrence. Ord. that Thomas Shepherd be exempted in future from payment of Parish and County levy on acct. of his age and infirmity. Ord. that this ct. be adjd. till tomorrow morning, six of the clock. The minutes of these proceedings were signed by John Maxwell At a court contd. & held for Botetourt County the 11th day of November, 1773. Present. James Trimble, Wm. Fleming, Wm. McKee and James Thompson, Gentlemen. John Maxwell produced a commission from his Excellency the Governor appointing him Sheriff of this County, whereupon he took the usual oaths to his Majesty's Person & Govt., repeated & subscd. the test, & also took the oath of Sheriff. Francis Smith and James McGavock each took the aforesaid oaths, repeated & subscd. the test, & took the oath of Sheriff as Deputies under the said Maxwell. John Maxwell, Sheriff, enters his protest agst. the sufficiency of the prison of this County. Ord. that the late Sheriff be allowed interest upon the money which may appear to be due him from the County so soon as a final settlement may take place. John Maxwell entd. into and acknd. bond with sufficient security for his faithful collection of the County levy for the year 1773. This court doth appoint Thomas Bowyer to take charge of the Court House for this present year, and he is to procure bolts & locks for the same. An instrument of writing purporting to be the last will & testament of Robert Breckenridge, Gent., decd., was presented in court by Wm. Preston, one of the Exors. therein named, and proved by the oaths of Wm. Fleming and John Floyd, two of the witness thereto, and ordered to be recorded. And leave is reserved to Andw. Woods, the other Exor. named therein, to join in the probate thereof. Ord. that this ct. be adjd. till tomorrow morning, six o'clock. The minutes of these proceedings were signed by John Bowyer At a court continued & held for Botetourt County the 12th day of Novr., 1773. Present. James Trimble, Wm. Fleming, George Skillern and James Thompson, Gent. Andw. Woods and Wm. Preston came into court and on motion certificate is granted them for obtaining a probate as Executors of the last will and testament of Robt. Breckenridge, Gent., decd., whereupon they took the oath, entered ____ and acknowledged bond, with Francis Smith, Patrick Lockhart and Wm. McClenachan, their securities, conditioned as the law directs. Ord. that John Armstrong, Richard May, David May and Bryan McDonald or any three of them, being first sworn, do appraise the slaves, if any, and personal estate of Robert Breckenridge, Gentleman, deed., and return an account thereof to the court. James Trimble, Coronor, entered into and acknd. bond with Wm. Fleming and Wm. McKee, his securities, in five hundred pounds, conditioned as the law directs. Ord. that this court be adjd. till court in course. The minutes of these proceedings were signed by James Trimble Additional Comments: Extracted from: Annals of Southwest Virginia 1769-1800 BY LEWIS PRESTON SUMMERS Member of American Historical Association, Virginia Historical Society; Alumnus University of Virginia and Tulane University (Louisiana); Member American Bar Association, Virginia State Bar Association Author of HISTORY OF SOUTHWEST VIRGINIA 1740-1786 WASHINGTON COUNTY VIRGINIA 1777-1870 PUBLISHED BY LEWIS PRESTON SUMMERS ABINGDON, VIRGINIA 1929 COPYRIGHT, 1929, BY LEWIS PRESTON SUMMERS MANUFACTURED COMPLETE BY THE KINGSPORT PRESS KINGSPORT, TENNESSEE United States of America File at: http://files.usgwarchives.net/va/botetourt/court/minutes43gwl.txt This file has been created by a form at http://www.genrecords.org/vafiles/ File size: 7.7 Kb