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Records for Rush Milam (1759 - ca 1845)
A Chronology of his Life as Found in Court Records
27 MAR 1775 BEDFORD COUNTY, WILL BOOK 1, 227 - 228. "In the name of God, Amen. I, Thomas Milam, of the County of Bedford being in perfect health of Body and of perfect mind and memory thanks be given to God. Calling to mind the Mortality of my body and knowing it is Appointed for all men once to die do make and Ordain this my last Will and Testament....
"First I give and bequeath to my two Youngest Sons: Viz: Solomon and Rush Millam all and singular my Lands, Messuages and Tenements to be equally Divided between them, and by them and their Heirs to be possessed and enjoyed forever. Also I give and Bequeath to Mary Millam my dearly beloved Wife (whom I appoint, make and Ordain the Sole Executrix of this my last Will and Testament) all my Stocks of all kinds together with all my Household Goods, Debts and moveable Effects. [434]
Thomas' Will may be viewed at these links: Will page 227 (image) . Will page 228 (image) .
On 1 MAY 1777, the Virginia General Assembly passed the Act of Oath of Affirmation which may be viewed here (link). The following is the Oath of Affirmation, sometimes referred to as the Oath of Alligence, that the men affirmed with their signatures:
"I do swear or affirm, that I renounce and refuse all allegiance to George the third, king of Great Britain, his heirs and successours, and that I will be faithful and bear true allegiance to the commonwealth of Virginia, as free and independent state, and that I will not, at any time, do, or cause to be done, any matter or thing that will be prejudicial or injurious to the freedom and independence thereof, as declared by Congress; and also, that I will discover and make known to some one justice of the peace for the said state, all treasons or traiterous conspiracies which I now or hereafter shall know to be formed against this or any of the United States of America."
28 JUL 1777 BEDFORD COUNTY, ORDER BOOK 6, Page 130 - 131. Agreeable to an Act of the General Assembly of this State, this Court doth appoint Gents. to administer the Oath of Allegiance to the Inhabitants of this County (viz.) John Ward, Gent. in the Bounds of his own Company & Capt. Gilbert’s, John Talbot, Gent. in his own Company, Charles Talbot Gent. in Capt Marshals Company.....John Callaway Gent. Capt. Pointdexter’s Company, William Calloway Gent. in his own Company & Capt. Millers, Wm Mead & Charles Gwatkins Gents. in Capt. Gwatkins Company, Robert Ewing Gent. in Capt Dooleys & Capt. W Bufords Company, etc. etc.
20 SEP 1777: Benjamin Milam, Rush Milam, William Milam and Zachariah Milam signed the Oath of Affirmation administered by Justice William Callaway to his Company. [480] You may view a typed copy here (link).
15 JAN 1781 BEDFORD COUNTY MILITIA from his pension application - "in the year 1781 when on the 15th of January of that year he entered the service of the Virginia militia as a drafted man. He entered the service under Capt. Alexander Cummins by whose command, this declarant was, marched from Bedford County to Petersburg and his company was there attached to the regular troops under the command of Barron Steuben and annexed to the regiment commanded by Col Meriwether and Major DeCloman [a French officer]".
23 AUG 1781 BEDFORD COUNTY, DEED BOOK 7, Pages 78 – 79. Indenture between John Crews and William Millam... in Consideration of the Sum of sixty pounds of Current Money to him in hand....one Certain Tract or parcel of Land containing One Hundred and fifth acres....on Reedy Creek a Branch of the James River...Beginning at a white oak in the Companies line on Reedy Creek....to a Large Poplar near the head of a branch of the said Reedy Creek ....Signed: John + Crews.
In presence of: James Wilson, Rush Milam, Frances Holley (also on John Milam’s Inventory), William Ready. Recorded: 28 AUG 1781.
24 FEB 1783 BEDFORD COUNTY, ORDER BOOK 7, 26. Rush Milam Qualified as Constable. A discription of a Constable's duties is here (link) .
In June 1785 some of their neighbors again petitioned for a change of a road to Poteat's Gap which was signed by Rush Milam and Zachariah Milam but not by the Kelly brothers. Benjamin Kelly was still a prisoner of the Shawnee Indians as I discuss in the chapter on Lt John Milam here (link).
"To the Gentlemen appointed by the Worshipful Court of Bedford to view the road from Holley's Gap to Poteeth's (Poteat's) Gap ~
We Your Petitioners beg leave to inform that we labour under great Inconveniences by the Old Roads as they Now run, and beg You will view the way from Major Gwatkins along a Rolling Road Cleared by Francis Holley and by the Fork Field belonging to Charles Rice into the other Road and keeping the same to Poteeth's Gap ~" { Signed by sixteen men. } You may view a larger image and transcription of this petition here (image).
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Having viewed many examples of Rush Milam's signature on deeds and his military pension application, I believe this is indeed Rush's signature. Rush always signed his last name as Milam unlike Benjamin and William who signed it Millam. Perhaps being 15 - 20 years younger, he was taught a more modern spelling of our name which was becoming standardized in the late 18th century. You may read a history of the spelling of the Milam name here (link).
~~~~~~Chancery Court: Trustees of Liberty versus Rush & William Milam~~~~~~
24 MAY 1785 BEDFORD COUNTY, DEED BOOK 7, page 511 - 512. This Indenture made the 24th day of May 1785 between William Leftwich, Robert Clark, James Buford and James Turner, Trustees of the Town of Liberty, in the County of Bedford on the one part & Rush Milam of the other part. Witnesseth, that the said Trustees for and in Consideration of the Sum of Fifty seven pounds Current Money of Virginia do give, grant, Enfeaff and unto the said Rush Milam his heirs and Assigns forever two Lotts of half an acre of Land each in the Town called Liberty lately laid off in the said County of Bedford which said Lotts are marked in the Plan of the said Town Numbers II and III to have and to hold forever.....The said sale subject nevertheless to the following condition, that there be a framed house 20 x 16 with a brick or stone chimney or Pailing of said work one hundred feet square completed on each lot by 20th of April, 1787.
Signed, sealed and delivered: Wm Leftwich, Robt Clark, James Buford, Jas Turner Recorded: 24th day of May 1785
24 May 1785 BEDFORD COUNTY, ORDER BOOK 8, 154. A Deed: Trustees of the Liberty Town to Rush Milam. Acknowledged & Ordered Recorded. ( 6 shillings tax paid )
28 AUG 1786 BEDFORD COUNTY, ORDER BOOK 8, Page 281. Trustees vs Rush Milam. Confirmed Bond. Ditto William Milam. And Plaintiff prayed dismiss Costs. And Joseph Wilkinson & Mathew Worley Special Bond.
30 NOV 1786 BEDFORD COUNTY, ORDER BOOK 9, Page 10. Trustees of the Town of Liberty versus William Milam. Same as above. = "Plea waved and Judgment Confirmed according to Specialty & Cost".
7 March 1787 BEDFORD COUNTY, DEED BOOK 8, 331. A Deed of Trust: "This Indenture made this seventh day of March in the Year One thousand seven hundred and eighty seven between William & Rush Mileham both of Bedford County of the one part & Trustees of the Town of Liberty of the other part. Wittnesseth, that for and in Considertaion of the Sum of Seventy pounds two shillings current Money of Virginia which the said William & Rush Mileham are justly indebted to the said Trustees and honestly desire to Secure and pay to them....the said William & Rush Mileham in hands paid...have granted, bargained, sold and confirmed......one hundred acres of land on Read Creek it being the whole of the track of land whereon the said William Milam now lives together with one hundred acres of land whereon the said Rush Milam now lives, likewise a bay horse.....a bay mare.....a grey horse.....a bay mare.....a bay horse....and another bay horse.....together with the whole of William Milam stock of cattle and three feather beds with all the appurtenances belonging or in any wise appertaining to the premises hereby granted.....
".....that the said Trustees and successors shall ( after the first day of May next or as soon as the said William & Rush Milam shall request....which ever of these two circumstances shall first happen ) sell for the best price that can be gotten after giving ten days public notice, the said lands and other premises and out of the Money arising from such sale, discharge, pay, satisfy the said Trustees, the above mentioned sum of 70 Pounds 2 Shillings with lawful interest from the present date until the same shall be fully discharged.....
"In Wittness whereof the said William & Rush Mileham have hereunto set their hands & affixed their seals the day and year above written:
William Millam
Rush Milam
Written, sealed and delivered in the presence of John Mead, John Otey, Robert Baker"
NOTE: This Deed of Trust was to secure the debt on Lots 2 and 3 in the Town of Liberty that Rush Milam bought on 24 MAY 1785 from the Trustees of the Town of Liberty for £ 57.
NOTE ALSO that William and Rush spelled their last name differently and they did so throughout their lives. The Clerk of Court spelled it most often as Mileham.
26 MAR 1787 BEDFORD COUNTY, ORDER BOOK 9, Page 26. Trustees of the Town of Liberty versus Rush Milam (same vs William Milam). Dismissed at Defendants Costs.
24 SEP 1787 BEDFORD COUNTY, DEED BOOK 8, Page 59. Deed of Trust: Rush & William Milam to Trustees of the Town of Liberty.
“This Indenture made the Seventh of March in the Year One Thousand Seven Hundred & Eighty seven between William & Rush Mileham both of the County of Bedford on the one part & the Trustees of the Town of Liberty of the other part. Witnesseth, that for and in Consideration of the Sum of Seventy pounds & two shillings Current Money of Virginia which the said William & Rush Mileham are Justly indebted to the said Trustees and honestly desire to Secure and pay to them & in the further consideration of five shillings of like Money to the said William & Rush Mileham in hand paid by the Trustees at and before the Sealing of this, the Receipt whereof they do hereby acknowledge, have granted, bargained, sold and confirmed by these presents....to the said Trustees and their successors forever One hundred acres of land on Read Creek it being the whole of the tract where the said William Milam now lives together with 100 acres of land whereon the said Rush Milam now lives likewise a bay Horse about four feet nine inches high seven years old, a bay mare about 8 years old, about four feet six inches high, a grey Horse about four feet nine inches high, five years old & a bay mare four years old four feet seven inches high and a bay Horse about four feet five inches high five years old together with the whole of William Milams stock of cattle and three feather beds with all the Appurtenances belonging or in any wise appertaining to the premises hereby granted or intended to be granted...and all benefits and profits of said lands and premises....UPON Trust. nevertheless the said Trustees and successors shall ( after the first day of May next or as soon as the said William & Rush Mileham their heirs, assigns, Executors, Administrators think proper or whenever the said William & Rush Milam request whichever of these two circumstances shall first happen) sell for the best price that can be gotten after giving ten days Public Notice, the said lands and other premises. and Out of the money arising from the sale discharge, pay, satisfy the Trustees, the above mentioned sum of Seventy Pounds and two Shillings with Lawful Interest from the present date until the same shall be fully discharged and the expenses.....and the Trustees shall pay or cause to be paid the overplus if any remain from such sale to William & Rush Mileham, heirs, assigns, etc. In Witness thereof the said William & Rush Mileham have here unto set their Hands and Seals on the day and year first above written. Signed: William Millam, Rush Milam
Sealed and delivered in the presence of: John Mead, John Otey, Robert Blake
Recorded the 24th day of September 1787. James Steptoe, Clerk
24 SEP 1787 BEDFORD COUNTY, ORDER BOOK 9, Page 98. A Deed {of Trust} Milams to Trustees - Followed by two wittnesses. (Not Recorded)
26 MAR 1788 BEDFORD COUNTY, ORDER BOOK 9, Page 144. A Deed {of Trust} Milams to Trustees further proven by 1 Witness & Ordered Recorded.
27 MAR 1788 BEDFORD COUNTY, ORDER BOOK 9, Page 148. In Chancery, Trustees vs Milams. The defendants have Stood out all process of Comtempt. It is Ordered & Decreed that the Contempt Bill be taken for Confession and that the Mortgaged premises be sold by the Sherrif of this County after the 28th of June next for the best price that can be got for the same he giving Legal Notice & the overplus if any after paying the Debt aforesaid & all Costs Accrued in the prosecution of this Suit to be refunded to the Defendants & that the Defendants be forever barred of their right of Equity of Redemption of the mortgaged premises.
28 MAY 1788 BEDFORD COUNTY, ORDER BOOK 9, Page171. In Chancery, Trustees vs Milams. On the motion of the Contempts by their attorney, the decree made in this suit at March Court last the same is set aside & It is Ordered & Decreed that the Mortgaged Premisses, To Wit one hundred acres of land on Read Creek it being the whole of the track of land whereon the said William Milam now lives together with one hundred acres of land whereon the said Rush Milam now lives, likewise a bay horse.....a bay mare.....a grey horse.....a bay mare.....a bay horse....and another bay horse.....be sold by the Sheriff of this County after the 28th day of June next for the best price that can be got for the same to satisfy the Complaintents seventy Pounds 2 Shillings with Legal interest from the seventh day of March 1787 giving Legal notice and the overplus (if any) after Paying the Defts aforesaid and all costs accrued in the Prosecution of this suit to be Refunded to the Defendants & that the Defendants shall be for ever barred of their Right of Equity of Redemption of Mortgaged Premises.
23 JUN 1789 BEDFORD COUNTY, ORDER BOOK 9, Page 287. On Motion of Wm Milam who was Security for Rush Milam at the Suit of the Trustees of Liberty, Judgment against said Rush for £ 44. 18. 00 & Costs. Notice followed.
Note: Rush and William Milam had unsuccessfully fought a harsh verdict for four years i. e. "The Defendants having stood out all processes of Contempt". Paying £ 44, they were able to keep their farms and animals. That amount may have simply been the amout due after previous payments or perhaps they were able to get the amount reduced from £ 77 to 44. On the face of it, this suit by the Trustees of Liberty appears to be due to the £ 57 cost of lots II and II in the newly laid out town of Liberty. On 26 JUL 1803 Rush and Elizabeth Milam sold the "two Lots containing half an acre of Land each in the Town of Liberty which Lots are marked in a plan of said Town No. 2 & 3" to William Mitchell for $500.
This was not the first time William and a brother fought a suit up to the Chancery Court. Please see 26 JUL 1773 in my Zachariah Milam vignettes, Hook assignee versus Zachariah and William Milam here .
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~End of Case~~~~~~~~~~~~~~~~~~~~~~~~~~~~
1786 According to Rush Milam's pension application - "In the year 1786 this affiant moved from Bedford to the County of Botetourt, Virginia where, he continued to reside till 1812 when he removed to the County of Kanawha where he has ever since resided."
20 AUG 1787 Rush Milam granishee in Hook vs Sinclair suit ( see loose papers in Rush Milam file )
Bedford County court order book records are complete through 1793.
26 JUL 1803 BEDFORD COUNTY, DEED BOOK 11, page 916. “This Indenture dated the 26th day of July Anno Domini One Thousand Eight hundred and three between Rush Milam and Elizabeth his Wife of the County of Botetourt of the one part and William Mitchell of the County of Bedford and Town of Liberty of the other part… Wittnesseth that the said Rush Milam and Elizabeth, his wife, for and in consideration of the sum of Five Hundred Dollars to them in hand paid...hath bargained and sold....and confirm unto him the said William Mitchell....two Lots containing half an acre of Land each in the Town of Liberty which Lots are marked in a plan of said Town No. 2 & 3...."
"In Wittness whereof they have hereunto set their hands & affixed their seals the day and year above written:
Rush Milam
Elizabeth X Milam
Signed in the presence of: Joel Preston, William Moorman, William Leftwich"
14 MAY 1804 BEDFORD COUNTY DEED BOOK 11, pages 1028. The Bedford Court orders William Quarles and James Otey, Gents., Justices of the County of Bedford to examine Elizabeth Milam in Botetourt County to see if she will relinguish her right of dower: “And whereas the Elizabeth cannot conveniently travel to our Court of said County to make acknowledgment of the said Conveyance. Therefore we give unto you...power to receive such acknowledgment as the said Elizabeth shall be willing to make before you of the Conveyance aforesaid...& we do therefore require you that you personally go to the said Elizabeth and receive her Acknowledgment of the same & examine her privily & apart from the said Rush Milam, her husband...whether she does the same freely and voluntarily…”
15 JUN 1804 BEDFORD COUNTY DEED BOOK 11, 1029. "Pursuant to the Commission...we have privily examined Elizabeth Milam the wife of Rush Milam separately and apart from the said husband whether she does relinquish her right of Dower in two lots of land...which she declared that she doth freely and voluntarily do... and is willing that the said Indenture be recorded..."
In 1835 at age 76, Rush Milam filed for a Revolutionary War Veteran's Pension as a resident of Kanawha County, Virginia.
19 SEPT 1844 KANAWHA COUNTY DEED BOOK ?, page ?. Deed Simeon Milam to Rush Milam.
This Indenture made and entered into this 19th day of September in the year of our Lord 1844 between Simeon Milam of the County of Kanawha and State of Virginia of the first part and Rush Milam of the County and state aforesaid of the second part.
"Witnesseth that the said Simeon Milam for and in consideration of the sum of one hundred and fifty dollars to him in hand paid by the said Rush Milam at or before the unsealing and delivery of these presents the receipt whereof is hereby acknowledged doth grant, bargain and sell and by these presents do bargain and sell unto the said Rush Milam one certain tract or parcel of land situated in the County and State aforesaid and on Pocatalico River supposed to contain one hundred and twenty five acres by the same more or less it being a part of a tract of land that the said Simeon Milam purchased from Arthur R. Fragg and bounded as follows Viz. beginning on a beech tree standing on the bank of Pocatalico River above the mouth of Frogs Creek and marked with the letters R. M. Hiner running with a marked line up the hill to Dereks Road thence with the said Road to the upper side line of the said Frogs survey thence running back on the said upper line to Pocatalico River then down said River with its meanderings to the beginning...."
"To Have and to Hold the said tract or parcel of land and premises together with the appurtenances thereunto appertaining in fee simple, to the only use and behoof of him the said Rush Milam and his heirs forever....and the said Simeon Milam covenant and binds himself and his heirs to warrant and forever defend the land above described to the said Rush Milam and his heirs forever against himself and his heirs and all other person or persons whomsoever."
In Witness whereof I have hereunto set my hand and seal this day and year first above written.
Simeon Milam his mark (seal)
This Deed was this day presented in said office, and duly acknowledged by Simeon Milam a party hereto and admitted to record.
Kanawha County Court Clerks office, 27th September 1844
Teste A. W. Quarrier, Clerk
Rush Milam died sometime between September 1844 and 1850 in Kanawha County. Ann Elizabeth Fowler Milam also died between 1840 and 1850.
To be continued....