• General Notes

   Col. Henry PEYTON (Valentine-2, Henry-1) was born about 1730 in StaffordCo, VA.  He in 1751 inherited 935  A. on Broad Run, Prince WilliamCo., VA. and 100 A. on Whitledge's Branch.     On 22/23 Sept 1763 Henry Peyton and Margaret his wife sold to Daniel French and Daniel Payne for 1,000 pounds current money of Va. 253.5 A. in Pr. WmCo taken up and patented by Valentine Peyton by deed from Proprietor's Office dated 20 Aug 1725 and by him given and devised in his Last Will and Testament to Henry Peyton.
      On 1 Jan 1768, Henry Peyton and Margaret his wife sold Cuthbert Bullitt for 1,000 pounds current money of Va. (1) 470 A. upon Broad Run including Peyton's dwelling plantation and mill per original deed from Proprietor's Office to Valentine Peyton for one part of it and to Thomas Dallis for the residue; (2) 212 A. upon Broad Run purchased by Valentine Peyton of Nicholas Minor; and (3) 100 A. upon Whitledges Branch purchased by Valentine Peyton of Nathaniel Overall.
  
    He in 1752 in Prince WilliamCo, VA was named as an executor by Valentine Pepyton  [NEED TO DEFINE SENTENCE: Land Survey]  Fauquier County, VA:
  John & Henry Lee 7 Thomas Lawson, exers. of Alan McCrae, assignee ( in 1764) of Captain Henry Peyton of Prince William county;04 April 1755- 03 June 1755; 2 surveys - 432 & 1,277 acres on Little R. ov er goose creek, Hunger Run;adj. to  Mr. Byran Fairfax, William Stamps, John Clerk, Thornton.  CC John Champ & JEREMIAH HAMMERICK. Pilot - JOHN SIAS.
  Surv. W. West.
    He was a Member of the House of Burgesses.  Abraham Farrow (d. 1786), planter and son of Abraham Farrow, and Joseph Nevill, prob. the same Joseph Neville who was burgess for Hampshire Co, 1773-75, were residents of Prince William Co.  Along with Herny Peyton (d. 1781), planter, son of Valentine Peyton (d. 1751), and burgess for Prince William Co., 1756-61, Farrow, and Nevill were charged with acting riotously and unlawfully, assaulting the sherfii, and intimidating the freeholders during the Prince William election.  The Burgesses ordered the sergeant at arms, Thomas Hall, to take all three into custody.  Farrow and Nevill confessed at the bar of the house, where Speaker Robinson reprimanded them and discharged them after they paid fees.  Apparently Peyton never made a similar confession ("Burgeses' Journals, 1752-1758, 57-58, 73; Mar 25, Apr 4, 1752]  He was an:administrator of Estate of John Champe in 1763.  There follows the Will, as recorded in the Loudoun County records, Will
  Book A, pg 96, dated 30 Jul 1763, returned to Court 8 Nov 1763. I have
  tried to preseve the original spelling.
  
  Begin Quote.
  In the name of God Amen, I John Champe of Louden County and Parish of Truroe
  Planter being weak of Body but of sound memory yet considering that all
  Men is once to Die and the Transitory state of this life do make this my
  last Will and Testament in manner and form following:
  
  My Soul I Bequeath to God Almighty my Creator and Jesus Christ my redeemer
  in hope at the General Resurrection to obtain full pardon for my sins and
  to enjoy eternal Happiness and my Body to the earth to be decently interred
  at the will of my Executor hereafter mentioned and as for what worldly
  substance God Almighty was pleased to endow me with after my Just Debts
  and Funerall Charges paid, I Bequeath in the manner and form following----
  
  To my grandson John Champe I gave three Iron pots two pair of pot hooks
  and my Gun Bed and furniture two Butterpots Chest lock and key half a Dozen
  knives and forks Cow and calf Two pewter dishes five plates and a ? two
  Basons and my Riding Mare Bridle and Sadle---
  To my daughter Susy Champe I give my yellow Cow---
  I give my daughter Ann Champe one CowCalf Spice Mortar and one Brass Candlestick---
  To my daughter Elizabeth Jones I give one Two year old steer---
  To my son Thomas Champe I give my Roan mare---
  Appointing my Son John Champe and my Son Thomas Champe both Executors of
  this my Last Will and Testament renouncing and disanowling (sic) all former
  Wills by me made, appointing and ? this to be ny Last Will and Testament
  firmly by these presents whereunto I have set my hand and Seal this 30th
  day of July 1763." John (his mark) Champe. Witnesses: Thomas Hogan and
  George Leech.
  
  In a Court held for Loudoun County, November 8th, 1763,
  This Will was proved by the Oaths of Thomas Hogan and George Leech witnesses
  thereto and Ordered to be Reocorded John Champe and Thomas Champe the Executors
  named refusing to take upon themselves the Burthen of the Execution thereof
  Relinquished their right of Administation in favour of Henry Peyton, Gent.,
  and on the motion of the Said Henry who made oath according to the Law
  Certificate is granted him for obtaining Letters of Administration on the
  Estate of the said Decedent with the said Will annexed in due form giving
  Security on which he Together with John Mape? Junr has security entered
  into and acknowledge their Bond in the penalty of one hundred pounds as
  the law directs. End Quote.
  
  Note: The grandson, John Champe, mentioned in the first bequest, is generally
  considered to be the person later known as Sgt. Major John Champe, born
  about 1752, died about 1798, Marion Co., (then) VA.
  
  
    He sold land on 23 Sep 1763 in Pr. WilliamCo, VA  On 22/23 Sept 1763 Henry Peyton and Margaret his wife sold to Daniel French and Daniel Payne for 1,000 pounds current money of Va. 253.5 A. in Pr. WmCo taken up and patented by Valentine Peyton by deed from Proprietor's Office dated 20 Aug 1725 and by him given and devised in his Last Will and Testament to Henry Peyton.
    He sold land on 1 Jan 1768 in on Broad Run and Whitledge's Branch     On 1 Jan 1768, Henry Peyton and Margaret his wife sold Cuthbert Bullitt for 1,000 pounds current money of Va. (1) 470 A. upon Broad Run including Peyton's dwelling plantation and mill per original deed from Proprietor's Office to Valentine Peyton for one part of it and to Thomas Dallis for the residue; (2) 212 A. upon Broad Run purchased by Valentine Peyton of Nicholas Minor; and (3) 100 A. upon Whitledges Branch purchased by Valentine Peyton of Nathaniel Overall.
  
  To Cyber-Peytons:
  As Harold stated, Cuthbert Bullitt bought 470 acres from Henry, 01 Jan 1768. According to the legal notice dated 04 Jul 1771:
  "Col. Peyton upon the ad of January, 1768, executed deeds in trust, impowering me to feel not only this tract of land, but his whole estate, for the benefit of his creditors, the mortgages to be first discharged." (see second legal notice below.)
  I'm only reporting what the legal notice says. Not having seen the original transaction cannot comment on the seeming contradiction. Perhaps additional documents may clarify.   Cheers, Joanne
  -----------------------------------------------------------------------------------
  The subsequent problems arising from this transaction are too complicated to abstract, so enclose them here.
  1) Col. Henry's posting for sale of lands 14 Apr 1768.
  2) Cuthbert Bullitt's detailing the legal problems relating to Col. Henry's land.    Note: Though newspapers are secondary sources, the legal notices in newspapers can give excellent leads to locating original document
  (1)  To be SOLD by virtue of deeds of trust, at the town of Dumfries in Prince William County, on Monday the 6th day of JUNE next, to the highest bidder, the following tracts of land, viz.
  ABOUT 470 acres, whereon Col. Henry Peyton now lives. This tract lies in Prince William, within 18 miles of Dumfries and Colchester, is level, the soil good, well watered, joining upon Broad-Run a considerable distance, has a valuable gristmill upon it, convenient houses, and upwards of 100 acres of cleared land,  in good order for either planting on farming.  Two hundred and twelve acres lying upon the same run, about a mile higher up, great part of which is valuable low ground. There is also on this, a considerable quantity of land and several houses.  One hundred acres lying upon the branches of Lucky-Run, in the same county.  Seventeen hundred and ten acres lying upon Little River, in the county of Fauquher on which is a large proportion of meadow land, and not above 45 miles from navigation. Two hundred and fifty-four acres in the said county of Fauquier, in which the said Peyton is tenant by the courtesy. And 293 acres in the county of Frederick. Twelve months credit will be given, the purchasers entering into bond, with sufficient security. Five per cent. discounted for ready money.
  CUTHBERT BULLITT
  Virginia Gazette (pub. Rind) page 2 Col 3, 1768-04-14 (14 Apr 1768)
  Note: There were several Virginia Gazettes, Rind was one. Note: The above notice of sale led to a complicated legal dispute that culminated in Cuthbert Bullitt posting a long notice in the Virginina Gazette 04 Jul 1772, in which he detailed the history of the transaction, and issued a Subpeona: Henry Peyton, and administrators vs Thomas Lawson, John Lee, executors of  Allan Macrae, Gentleman, deceased., for the settlement of same.
  In Chancery.
  ----------------------------------------------------------------
  (2)
  This transcript explains the details of the problems that rose after the posting for sale of lands by Col. Henry Peyton 14 Apr 1768, to be offered for sale 06 Jun 1768.
  Transcribed for private use only. (Joanne J. Hughes)
  PRINCE WILLIAM, July 4, 1771.
  Mr. Rind (publisher of the Virginia Gazette)
  I SO seldom read the advertisements in the Gazette, that until this very day Mr. Thomas Lawson's, of 6th of June, in which he hath mentioned my name, totally escaped my notice. I am unwilling to trouble the public with any dispute of a private nature, but that Gentleman's conduct has been, and is so very extraordinary on this occasion, that it deserves being brought into light. Col. Peyton, before Mr.Macrae's death, gave him a security upon a tract of land in question, and some other part of his estate,for the payment of a debt, somewhat exceeding 200 l. currency.  This land, though surveyed, had not been cleared out of the proprietor's office, and Col. Peyton gave Mr. Macrae a certificate to get the deed into his own name, taking from under his hand and seal to re-convey all, or any part of the mortgated premises, upon receiving his debt and interest. Macrae dying before any thing was done, the Gentleman who calls himself acting executor (although there is another qualified) applied for, and obtained a deed in his own and his colleague's name.
  Col. Peyton upon the ad of Janaury, 1768, executed deeds in trust, impowering me to sell not only this tract of land, but his whole estate, for the benefit of his creditors, the mortages to be first discharged.I advertised more than once but no one offering the value of the lands (one small tract excepted, for which the the money is paid to the mortagees) I conceived it would be for the benefit of the creditors, and postponed the sales. During these transactions, I frequently applied to Mr. Lawson to settle Mr. Macrae's account with Mr.Col. Peyton, in which there was some dispute, that upon the sale of this tract of land, he might receive his debt.He at first seemed willing (at least in words) to do so, but uopn being farther pressed, intimated, that upon his application for the deed, my Lord Fairfax told him, Col. Peyton had forfeited his title in the office. That in consequence of his Lordship's declaration, he thought he had a right to dispose of this land without accounting for the sale to Col. Peyton or his creditors, and: raise Mr. Macrae's debt out of the other mort-gaged premises. I own I did not believe his Lordship ever intended, if he had the power to deprive Col. Peyton's creditors of any part of his estate, to oblige Mr.Lawson; but from my opinion of that Gentleman, I could not entertain a doubt of the part I was to act, and accordingly told him, were those his sentiments.I must immediately commence a suit in chancery, to enforce a sale of this land for benefit of the creditors. He seemed desirous to have the matter speedily determined, and promised if I would give the bill when drawn, he would anser it the first court. Accordingly upon the 12th day of October, 1768, I issued a subpoena, drew the bill, and sent it to Col. Peyton. When the suit was called, I asked the Gentleman,  who was then in court, for my bill and his answer, but to my surprize was told the bill was mislaid.I immediately prepared a second bill, and the cause was continued for the answers.In March, 1770, it was again called, and an attachment issued for the want of the answers, neither of which, although there was a decree nisi against Lawson, and an attachment with proclamation against Lee, are come into this hour.  After this very evasive and very trifling  conduct, what could be Mr. Lawsons motives for his advertisement? It could not be his thinking his money unsafe in my hands. I always desired the mortgates to attend the sales and receive their money, or to take bonds with approved security, payable to themselves. But his reasons are obvious. This tract of land is too valuable to be parted with, if it can be with-held by any possible means.  Your giving this, with the inclosed certificate, a place in your Gazette, will greatly oblige.
  Your obedient humble servant,
  CUTHBERT BULLITT
  -----------------------------------------------------
  Henry Peyton, and administrators against Thomas Lawson, and John Lee, executors of Allan Macrae, Gentleman, deceased.SUBPOENA to bring the said executors to a settlement of accounts, and to enforce the sale of a tract of land, lying upon Little River, containing about 1700 acres, the money arising from the sale to be applied towards the payment of the debt due to Macrae, in the first place, and the balance, if any, to be paid to Mr. Cuthbert Bullitt, for the use of Peyton's other creditors. Issued the 11th day of October, 1768.  March court, 1769. This cause was continued for the answers. March court, 1770. An attachment issued against the defendants for want of their answers.  
  May court, 1771. Attachment with proclamation against John Lee, decree nisi gainst Thomas Lawson.Neither of the answers are come in at this time.
  Certified this 4th day of July, 1771.
  JOHN GRAHM, Cl. Co.
  
    He signed a will on 22 May 1781 in Prince WilliamCo, VA.  Photocopy of the actual will of Henry Peyton in Will Book G, pp.119-122, Prince William Co., Va.  Written 22 May 1781 The will was presented in Prince Wm. County Court 6 day of August 1781 by Jas. Ewell, one of the executors.  It was proved by the oaths of Edward Boswell & Val Peyton.
  Two executors qualified: John Peyton qualified 1781 Sept. 3rd, and Cuth'
  Bullitt qualified on 6th October 1788. p. 122
  Adm. de bones nos with will annexed granted John Brown, April 4, 1814.
  The witnesses were: Edward Boswell, Leonard Leachman, Thomas X Kent,
  Valentine Peyton.
  Children in the will:
  Son, Timothy Peyton incl. was 1000 acres of land held by state warrant on
  the waters of Ky.
  Dau, MARY MATSON Negroes (p. 120)
  Son, John Peyton, Negroes also cows, calves & etc.
  Dau Frances Peyton, Negroes, horse, bed & etc.
  Dau. Betty Marton/Martin (?) Negroes, bed & etc.
  Son: Thos. Peyton, Negroes and 1/4 of profits of grist mill to be applied to
  his schooling, horse, etc., after death of my wife, Margaret Peyton, land
  whereon I now live with grist mill and 1/2 value to be paid in 10 equal installments to
  my son, John Peyton.
  gr. son Robert Peyton one part of profits of my grist mill during his
  minority for his schooling.
  Wife, Margaret Peyton, during her life tract whereon I live together with 100
  acres I expect of Bristoes (?) tract called Thornmons lott to be laid off at
  the upper part of sd. lott on Broad Run. Also grist mill with land. Negroes
  and tract of land bought of James West and all remaining part of land I
  purchased of Bristoes tract, stocks, etc during natural life and after her
  death to be equally divided between my children:
     Mary, John, Frances, Betty, and grand child Robert Payton.
  
  
  
    He died in Jul 1781 in Pr. WilliamCo, VA.
  
  Col. Henry PEYTON and Ann THORNTON were married before 1746.  Ann THORNTON  Col. Henry PEYTON and Ann THORNTON had the following children:
  

Details of Henry's family with Ann Thornton

Details of Henry's family with Margaret Gallaher