Court Records for Benjamin Rush of Colonial Virginia

A Chronology of his Life as Found in Court Records

This Chronology follows Benjamin Rush Sr. from his late childhood in Westmoreland County through his adult life in King George and Prince William Counties of Virginia and after 1762 to Bute County, North Carolina, where he died in December 1766. Because Benjamin Rush Sr. had records in six counties in Virginia, it would be helpful for the reader to view this County Photo Album (link) to learn how and when Virginia counties were added before proceeding. Toward the end of this Chronology there are several records for his son, Benjamin Rush Jr., who also removed to Bute County. Records are for KING GEORGE COUNTY, except as noted otherwise. BR = Benjamin Rush Sr. My clarifications are within { }

You may read a narative of his life at the bottom half of my chapter on the Rush Family of Westmoreland County by clicking here (link).

{20 NOV 1658 WESTMORELAND COUNTY WILLS AND DEEDS, page 118 – 119. Francis Gray of Appomattox Parish, Westmoreland County unto William Rush {II} for many and sundry considerations me thereunto moving as well as the tender affections I bear unto my daughter, Anne, have and do by these presents freely give, make over and bestow upon and unto William Rush, husband unto my said daughter, a tract of land containing 100 acres, being part of a tract owned by me....being at a place commonly called the Round Hills, nigh unto Machodick (Machodoc ) River....lines of Jno. Hillier, deceased. Signed: Francis Gray Witt: Daniell White, David Phillips, Will Horton. 20 Nov 1658 Ack’d. & Recorded. (This is a map (image) of early Westmoreland patents which shows Gray's patents 0f 1654 (re-patented in 1662) and 1664 at the Round Hills, the Upper Church at Round Hills where he was a Vestryman, and the Mills of Monroe and Washington. Rozier Creek is identified where William Duff and his second wife, Elizabeth Rush Duff, lived. The frequently mentioned Upper Machodoc River is shown near the top. And note at the bottom how the future boundry between Westmoreland and King George (1720) Counties runs through Gray's lands.) }

{12 JAN 1694/1695 RICHMOND COUNTY DEED BOOK 2, page 87 - 88. Deed of Gift. Xtian Williams of St. Mary's Parish of County of Richmond....unto my grandson, James Elkins, son of Richard Elkins and Mary:....five young cows,....pewter...one young breeding mare and a 4 year old guelding Horse and 2000 pounds of....tobacco....to be paid for schooling....not until he comes to age 23....}

3 APR 1717 RICHMOND COUNTY DEED and WILLS BOOK, page 191. Know All Men by these presents that wee Amee Elkins, George Allsup & Benjamin Rush of ye County of Richmond are held and firmly bound unto the Worships his Majesties Justices of the Peace (link) for ye said County in ye full & just sum of 100 £ Sterling to ye which payment will and truly be made....The Condition of this Obligation is such that if ye above bound Amee Elkins, Admrx., or ye goods, chattels & credits of James Elkins, dec’ed, do make a true and perfect Inventory....And ye same goods, chattel & credits shall well and truly administer according to Law....if ye said Amee Elkins being thereunto required doe render & deliver up her Letters of Admin...in ye said Court; Then this Obligation to be void and of non effect otherwise remain in full force....Signed Amee Elkins, George Allsup, Benjamin Rush. Acknowledged in Richmond County Court the 3rd day of Aprill and Ordered Recorded. Test: M. Beckwith, Clk Court

3 APR 1717 RICHMOND COUNTY ORDER BOOK, page 99. Amy Elkins came into Court and made Oath that James Elkins departed life without making a Will....Certificate is granted her for obtaining Letters of Administration in due form....Amy Elkins, George Alsup and Benjamin Rush came into Court and ack’ed their Bond for Amy Elkins just and faithful Administration.....ordered Recorded....Henry Gollop, Robert Gollop, Charles Stewart and John Price to appraise....

6 SEP 1717 RICHMOND COUNTY ORDER BOOK, page 218. Rush vs Davis’s Estate. The attachment obtained by Benjamin Rush from William Robinson, Gent.,...Justice of the Peace for this County, against the Estate of Katherine Davis for 300 pounds of tobacco is dismist, the Plaintiff not prosecuting....

{27 MAY 1719 WESTMORELAND COUNTY WILLS AND DEEDS, page 489. Joseph Smith Estate Inventory, Payments Made....William Duff (for Taylor's work)....}

16 SEP 1721 DEED BOOK I, pages 22 – 23. Indenture between Thomas Biddle of the Parish of Hanover in King George County...and Benjamin Rush, planter, for 1590 pounds tobacco paid by Benjamin Rush....Thomas Biddle binds himself a servant for 3 years, 3 months and 14 days. Benjamin Rush ....promises....to allow him good meat, drink, washing, lodging and clothes according to custom....

6 OCT 1721 DEED BOOK, page17. Tho. Riddle ack’. Indenture to BR

4 JAN 1722/23 ORDER BOOK 1, page 78. Additional inventory of the estate of James Elkins, deceased, {died in 1717} presented by BR and Amy, his wife, Administrators, of the said deceased’s estate which was ordered to be recorded.

3 MAY 1723 ORDER BOOK, page 116. Ordered BR be sworn Constable in the room of Robert Doniphan and that he appear before the next Justice of the Peace (link) in order to take the oaths according to law.

3 OCT 1724 ORDER BOOK, page 221. BR summons on evidence for Nath. Elkins agts. John Dinwiddie and making oath attended two days on ye said cause, ordered that he be paid acc’d. to law.

4 JUN 1725 ORDER BOOK, page 261. Suit brought by James Markham agts. BR, the defendant being returned Non est Inventus and being called and failing to appear , at Plt’s. motion an Attachment is granted him agt. Deft. estate.

7 AUG 1725 ORDER BOOK, page 267. The suit brought by James Markham agt. BR is Ordered to be Dismissed. 3 Sep 1725 ORDER BOOK 1, page 272. BR posted bond along with William Rowley who qualified as adm. for John Marders’ Will. Inventory recorded 2 OCT 1725.

5 FEB 1725/26 ORDER BOOK, page 304.. Nath. Elkins summoned to the next Court to answer the Attachment of BR agt. John Williams.

5 MAR 1725/26 ORDER BOOK, page 309. Attachment obtained agt. Henry Kendall by BR

5 MAR 1725/26 ORDER BOOK, page 310. Attachment obtained by BR agt. John Williams, Continued.

2 APR 1726 ORDER BOOK, page 315. On Jury with Nath. Elkins. James Markham, foreman.

2 APR 1726 ORDER BOOK, page 316. Judgment for BR agt. John Kendall. 172 pounds of Tobacco (....attached corn and tobacco).

11 MAY 1726 SPOTSYLVANIA COUNTY: Virginia Land Office, patent Book 12 (1724 – 1726), page 349. "....Benjamin Rush of Hanover Parish, King George County; 387 acres in St Marks Parish, Spotsylvania County in the fork of the Rappahannock ...."

Note on the same day:

{11 MAY 1726 SPOTSYLVANIA COUNTY, Virginia Land Office, Patent Book 12 (1724 – 1726), page 350. ".... William Rush (IV) of Washington Parish, Westmoreland County; a 400 acre tract on the Robinson River and Quaker's Run....in St. Marks Parish, Spotsylvania County ...."}

{11 MAY 1726 SPOTSYLVANIA COUNTY, Virginia Land Office, Patent Book 12 (1724 – 1726), page 348. "....William Duffe of King George in Hanover Parish; 642 acres in Spotsylvania County in St. George Parish; in the Fork of the Rappahannock River, on the North side of Goard Vine River...."

See this overlay of William's and Benjamin's (image) on a topographic map prepared by Robert Vernon of Charlottesville, Virginia. }

1 JUL 1726 ORDER BOOK, page 322. Judgment granted BR agt. Estate of John Williams in the hands of Nath. Elkins, Administrator...... 73 pounds of tobacco.

4 NOV 1726 ORDER BOOK, page 337. BR on Grand Jury:.....tobacco seconds....Dinah Thorp for having a "base born child".... {Eliz. Corbin same....Hannah Leach same}....John Ambrose for swearing an oath.....

3 FEB 1726/27 ORDER BOOK, page 350. On the motion of BR, he is appointed guardian to Joseph Elkins.

6 JUL 1727 ORDER BOOK, page 370. On the motion of Joseph Strother, Gent., Sheriff of this County, BR and William Suttle is sworne and admitted Undersheriffs, they having taken the Oaths by Law appointed and signed the Test.

4 AUG 1727 ORDER BOOK, page 374. In the information: between Our Sovereign Lord the King and Benjamin Rush, the said Rush pleads Not Guilty and the same lies for trial....

2 SEP 1727 ORDER BOOK, page 378. The information: the King against Benjamin Rush is continued till next court.

7 OCT 1727 ORDER BOOK, page 381. Rowland Thornton Gent., Charles Seale and Benjamin Rush took the Oaths by Law appointed and signed the Test {for appointments as Undersheriffs}.

7 OCT 1727 ORDER BOOK, page 382. To Benjamin Rush for Negro Jack .....20 pounds of tobacco.....

3 NOV 1727 ORDER BOOK, page 384. Note in the Margin: "I do hereby certify that by virtue of the within Writ, I have taken ye body of within named and safely kept it till he has fully satisfied the Debt and Cost". Benjamin Rush, sub Sheriff.

1 DEC 1727 ORDER BOOK, page 391. The information brought on behalf of ....the King against Benjamin Rush is continued till next court.

5 APR 1728 ORDER BOOK, page 396. {Same as immediately above}

3 JUN 1728 DEED BOOK I, page 546. BR..... witness....servant

3 AUG 1728 ORDER BOOK, page 415. Our Sovereign Lord the King agt. BR, John Champe, George White, Saml Hoyle, Thomas Benson, Wm Grant, John Hardy, Joseph Wing, Jno Grant, Chas Seale, Jno Roy, Evan Price and Robert Smith....We find the Defts. Guilty. Jno Champe, foreman. Judgment granted Our Sovereign Lord the King agt. Said Defendants for 1200 pounds of tobacco to the information, with Costs.

1 OCT 1728 DEED BOOK I, pages 554, 556 & 558. BR witness....for 4 different Deeds

1 OCT 1728 DEED BOOK I, pages 562. BR witness for Deed of William Beverly of Essex County

7 MAR 1728/29 ORDER BOOK, page 438. John Warner presented into Court a Deed for two lots No. 22 & 28 from the Trustees of Falmouth Town....being proved by Oaths of Catesby Cocke, Robert Jones and Benjamin Rush. Also for Robert Jones Lot No. 3 and Thomas Turner Lot No....

2 SEP 1729 SPOTSYLVANIA COUNTY Order Book, page 340. Benjamin Rush, Deputy Sheriff of King George County, made return of Richard Bryants &c. Adm. of Jones. Execution against Thomas Yates and William Hackney for five hundred pounds of tobacco and 295 pounds tobacco. Costs.

24 SEP 1729 DEED BOOK I, page 624 and 627.. BR....power of attorney for Sarah Turner and also Ann Wharton

6 FEB 1729/30 DEED BOOK I-A, page5. BR ...power of attorney for Susannah Grayson

6 NOV 1730 DEED BOOK I-A, page 107.BR....witness....deed

6 NOV 1730 DEED BOOK I-A, page 111. BR....power of attorney for Rosamond Steward

2 MAR 1730/31 SPOTSYLVANIA COUNTY Order Book, page 22. Benjamin Rush, Deputy Sheriff of King George County, returned John Grave, {? Grame} Gent. Attorney of the Honorable Alexander Spotswood Esquire Exo. agst. William Brown for the sum of 197 pounds of tobacco. Costs. Executed.

8 MAR 1732/33 CAROLINE COUNTY ORDER BK, page 59. It is ordered Micajah Pickett pay Benjamin Rush 135 pounds of tobacco for one’s day attendance and coming and going 25 miles once as an evidence for him against James Nelson. {See immediately below in italic for details of suit}

{8 MAR 1732/33 CAROLINE COUNTY ORDER BOOK, page 57. Petition Micajah Pickett against James Nelson. Judgment is granted plaintiff for 265 pounds of tobacco.}

30 AUG 1732 DEED BOOK I-A, pages 225 – 227. Lease and Release. Joseph Elkins of the County of King George, planter, to James Jones, Bricklayer, 250 acres in the Parish of Brunswick, King George County....100 acres in Tenure of Richard Elkins and 150 acres in Tenure of Benjamin Rush...part of 1300 acres patent dated 9 Feb 1663/64....the right of Dower of Amy now wife of Benjamin Rush, late widow and relict of James Elkins, deceased, father of the said Joseph Elkins of, in and to 150 acres as part of premises herby granted Richard Elkins which he hath and claimth....

***1 SEP 1732 ORDER BOOK, page 225 – 227. Indenture of 30 AUG 1732 between Joseph Elkins of County of King George, Planter, and James Jones of same, bricklayer, by deeds of Lease and Release.... for 40 £ current money of Virginia....sold 250 acres in Parish of Brunswick, King George County ....100 acres part thereof now in Tenure of one Richard Elkins and 150 acres, the residue, in Tenure of one Benjamin Rush ....the same being part of 1300 acres of land formerly granted by Letters pattent bearing Date.... 9th day of February in the year 1663 unto Francis Haile and William Heabert both now deceased and is adjoining unto certain lands belonging to....{several persons including Richard Elkins Junior}...also all other lands of said Joseph Elkins.....the right of Dower of Amy now wife of BR, late widow and relict of James Elkins, deceased, father of the said Joseph Elkins of , in and to 150 acres as part of premises hereby granted. The right of Richard Elkins which he hath and claimeth by the Curtesy of England for and during the term of his Naturall Life to 100 acres of land other part of premises hereby granted and also the quit rent hereafter to grow due.....only excepted. ...1st SEP 1732 Joseph Elkins

17 OCT 1732 PRINCE WILLIAM COUNTY DEED BOOK, pages 399 – 403. John Grant of Stafford County to John Colvill of Prince William {County}, Merchant, and John Lewis, Planter,....1/2 of 852 acres.....Difficult Run.....Sugarland Rowling Road.....75 £ of Sterling.....Deed of Lease and Release...... Wit: Thomas Dent, Wm Thompson, Benjamin Rush, Stephen Delisle

{20 MAY 1733 PRINCE WILLIAM COUNTY DEED BOOK, pages 210 – 211. William Duff sold acres to.......... line of Robert Carter, Esq......corner William Duff.....including patent granted Rev. David Stuart.....}

12 JUN 1733 DEED BOOK I-A, page268. BR ....witness....Deed

4 JUL 1733 SPOTSYLVANIA COUNTY ORDER BOOK, page 236. Petition brought by Benjamin Rush against Nicholas Christopher for 2 £, 12 Shillings and 2 Pence current money....issued summons.

4 JUL 1733 SPOTSYLVANIA COUNTY : ORDER BOOK, page 236. Action of debt brought per Benjamin Winslow, Gent., against Benjamin Rush, Defendant....for 20 L current money and damages. (Special bail being required is granted on which Samuel Skinker and Francis Thornton Junior in open Court assumed themselves to be his Special Bail.) Afterwards a Special Imparlance is granted the Defendant.

5 SEP 1733 SPOTSYLVANIA COUNTY ORDER BOOK, page 253. Benjamin Rush vs Nicholas Christopher....2 £, 12 Shillings and 2 Pence current money due per Account. The Plaintiff having proved his Account, Judgment is granted him for the same with Costs and an Attorney’s Fee. It is ordered that the said Christopher do pay unto the said Rush the same. Alias Exo.

5 SEP 1733 SPOTSYLVANIA COUNTY ORDER BOOK, page 253. Benjamin Winslow vs Benjamin Rush ....next court.

5 SEP 1733 SPOTSYLVANIA COUNTY ORDER BOOK, page 254. Case of Trespass Robert Williams vs Benjamin Rush for 25 £ Sterling and Damages. The Plaintiff failing to file his declaration... Ordered that ye Suit be dismist.

6 NOV 1733 SPOTSYLVANIA COUNTY ORDER BOOK, page 273. Action of debt Benjamin Winslow vs Benjamin Rush for 1573 pounds of tobacco. Jury finds for Plaintiff, 1534 pounds of tobacco for Debt... Motion of Francis Thorston Junior and Samuel Skinker to deliver up Benjamin Rush as they were Special Bail for him....the same is granted and Ordered that he be in the Sheriff’s custody and the Special Bail released..

6 MAY 1734 SPOTSYLVANIA COUNTY DEED BOOK, page 13. Deed of Lease. Benjamin Rush of King George Co. Virginia for 5 shillings leased to Anthony Strother of Spotsylvania County a 387 acres tract of land in St. Marks Parish in the fork of Rappahannock River on the south side the Robinson River the said land being formerly granted to the said Benjamin Rush by pattent dated 11 May 1726 bounded by a survey made for William Rush.....during the term of one year paying the yearly rent of one ear of Indian corn if demanded............ Wit: Frans Thornton Junr, Robt Biscoe, Peter Daniell. Ack’d 7 May 1734 & admitted to record.

7 MAY 1734 SPOTSYLVANIA COUNTY DEED BOOK, page 14. Deed of Release. Benjamin Rush of King George County, Virginia for 40 £ current money Sold and Released to Anthony Strother of Spotsylvania County a tract of land .... 387 acres in St Marks Parish, Spotsylvania County in the fork of the Rappahannock..... granted said Rush by pattent 11 MAY 1726. Wit: Frans Thornton Junr., Robt Biscoe, Peter Daniell..... Ack’d 7 May 1734 by Benjamin Rush & Amy, the wife of the said Benjamin Rush, Ack’d her Dower & is admitted to record. Attest: John Waller, Clerk.

7 MAY 1734 SPOTSYLVANIA COUNTY ORDER BOOK, page 308. Benjamin Rush acknowledged his deed of Lease and Release of land to Anthony Strother, and Amy the wife of said Benjamin (after being privately examined) ack’d her right of Dower in said Land to the said Strother.

{7 MAY 1734 SPOTSYLVANIA COUNTY ORDER BOOK, page 306. The Court do think fit and acordingly order that Michael Holt be discharged from being Constable. And that William Rush (IV) do serve in his room. And that ye said Rush be sworn Constable before a Majestrate of this Court accordingly. }

5 JUL 1734 DEED BOOK I–A, pages 294 – 295. Indenture between BR and Amy his wife of Brunswick Parish, King George County, and James Jones of same....for 25 L current money.....confirm all the said Amy’s right of dower and thirds...to all those two plantations and pieces or parcels of land.....in the Parish of Brunswick .....one hundred acres part now in Tenure of Richard Elkins and 150 acres, the residue, late in Tenure of the said BR, the same being part of 1300 acres of land formerly granted, 9 FEB 1663 to Francis Haile and Wm Hoabert......the said 250 acres being sold unto James Jones by Joseph Elkins by Lease and Release 30 AUG 1732...on record in King George County....

{ See 30 AUG 1732 DEED BOOK I-A, pages 225 - 227. } 5 JUL 1734 Deed Recorded....the said Amy being solely examined....relinquished Dower rights....in 250 acres from Joseph Elkins...

7 SEP 1735 PRINCE WILLIAM COUNTY DEED BOOK, pages 475 – 476. Lease. Burr Harrison, Gent., of Prince William County to Benjamin Rush of King George County.....112 acres.....being the land which Moses Quarles lived on formerly.....at Capt. Searless line to Occoquan River.....upon Marompsco (image) {Marumsco} Creek just below the main road for term of natural lives of Benjamin Rush and Amy, his wife.....Wit: Milldred Randolph, Cav. Dulany.....Burr Harrison ack’d. this Lease to Benjamin Rush

22 MAY 1736 PRINCE WILLIAM COUNTY , DEED BOOK, page 75. Release from Burr Harrison, Gent. to BR of King George County and Amy his wife 112 acres from Capt. Scarlett’s line north 41 degrees....to Occoquan River, thence west 17 degrees....to a marked tree standing upon Maramsco {Marumsco Creek} just below main head, thence down the run to the beginning. Signed

7 SEP 1735 27 MAY 1737 ORANGE COUNTY ORDER BOOK I, page 178: Suit by petition brought by John Bramham assignee of Benjamin Rush {son of William Rush IV} , assignee of Samuel Barber against Oliver Small....400 pounds of tobacco due by Bill. Defendant failed to appear....Judgment granted to plaintiff and Cost.

28 JUL 1740 PRINCE WILLIAM COUNTY DEEDS BOOK, page 39 – 43......William Duff’ line....Carter’s line..... 1786 acres.....28,100 pounds of tobacco.....Wit: Benjamin Rush {I}, Charles Oneale, Ed. Young

22 SEP 1740 PRINCE WILLIAM COUNTY DEEDS BOOK, page 97 – 102. BR witnessed....lease

22 SEP 1740 PRINCE WILLIAM COUNTY ORDER BOOK, page 260 – 261. Bond of Thomas Duncom, Benjamin Rush and John Bush unto Denis McCarty, Gent., Justice. For £ 100. Thomas Duncom is Admr. of John Duncom, deceased. Wit: Jno. Bowie. Ack. And Ordered.

27 OCT 1740 PRINCE WILLIAM COUNTY DEEDS BOOK, page 238 – 240. BR witnessed.....deed

30 APR 1741 PRINCE WILLIAM COUNTY DEEDS BOOK, page 72 – 75. BR witnessed.....deed

25 JUL 1741 PRINCE WILLIAM COUNTY DEEDS BOOK, page 362 – 369. Benjamin Rush Junior witnessed.....Deed

28 SEP 1741 PRINCE WILLIAM COUNTY DEEDS BOOK, page 466 – 471. BR witnessed..... Deed..... 250 acres....15 £ current money.....

7 MAR 1742/1743 RICHMOND COUNTY DEED BOOK, page 122. Mary Newby, widow of Henry Newby, late of Lancaster County to Charles Flemming of Richmond County by Deed 5 June 1737...100 acres....said Mary wants to convey her Dower rights, hence this Deed..... Wit: Benjamin Rush, Charles Sallard. Recorded 7 MAR 1742/1743.

{2 MAR 1743/1744 KING GEORGE COUNTY DEED BOOK 3, page 1 - 2. To all Xtian (link) People... I William Duff, Hanover Parish, King George County appoint my Nephew, Robert Green, Gent. of St. Mark's Parish, County of Orange my true & Lawful Attorney ....receive all persons indebted to me....upon Non payment....to sue...likewise act in relation to a parcel of Land in Countys of Augusta & Frederick in which I am concerned with Juste Hite & Robert McCay...confirming all acts ...do hereby Impower him to grant Leases on my land in Countys of Orange Either for Term of Years or Lives & Likewise of my Land in Countys of Augusta & Frederick, Prince William and King George and Westmoreland...2nd March 1743 / 1744...Wit: Peter Bailleul, William Marders, William Sarjant...Power of Attorney Recorded. Harry Turner, Cl Cur }

{5 JUL 1745 KING GEORGE COUNTY DEED BOOK 3, page 61. Elizabeth {Rush} Duff, widdow of William Duff,...she is not satisfied with the provisions of Duff's Will....she conceives greatly to her Prejudice....}

{2 AUG 1745 KING GEORGE COUNTY ORDER BOOK, page 456. The Will of William Duff, Senior, deceased, was admitted to probate in the usual manner, however, his widow Elizabeth Duff came into Court and stated she would not accept the provisions made for her in his Will. On 2 August 1745 Robert Green, Gent., came into Court and qualified as executor of the Will of William Duff, deceased, and John Champe and George Morton, Gentlemen, became his Securities on his executorial bond. This bond was exceedingly high ( 1000 £ of Current Money ) as the Will was exceptionally long and entailing....}

16 APR 1745 PRINCE WILLIAM COUNTY DEEDS BOOK, page 97 – 102. BR witnessed.....deed

***20 JUN 1749 GRANVILLE COUNTY of North Carolina, Secretary of State’s Office DEED BOOK 14 (1750 -1765), page 52, No.84. "Benjamin Rush (Sr.) 640 acres of land in Granville Co., N.C. on the south side of Sandy Creek, beginning at a red oak in Martin’s line.....to a hickory tree in {Hezekiah} Terrell’s line...". Recorded 20th day of June, 1749.

{In 1764, Bute County was formed from the eastern part of Granville County. Then in 1779 Bute County was divided into Franklin County and Warren County, and ceased to exist.}

***2 MAR 1749/50 KING GEORGE COUNTY WILLS BOOK, pages 234 – 235. Will of Elizabeth Rush Duff dated 27 OCT 1746. ....."Item: I leave to my son, Benjamin Rush {Sr.}, 4 £ in cash and to his youngest daughters viz. Elizabeth, Jane, Alis 8 £ in cash to be divided between them equally....Item: My desire is that the great table may remain in its place for the use of William Green (a son of Robert Green, Gent.) and desire that he may not let it be made use of in an Ordinary (Tavern). Item: I give and bequeath to Benjamin Rush, the son of William Rush {IV}, deceased, one feather bed and furniture and all my iron carpenter’s tools, one coopers ax. Item: I leave my stock of cattle and hogs and the remainder part of my pewter.....two skillets.....my iron pots to be equally divided between eight of William Rush {IV}’s children and one of Benjamin Rush {I}’s children named as followeth: Benjamin Rush, Crafford Rush, John Rush, James Rush, Elizabeth McColester, Mary Rush formerly so called, Ann and Sarah being sons and daughters of William Rush, and Amey Grigsby being the daughter of the said Benjamin Rush {I}.....Item: I give and bequeath to my grandson, Benjamin Rush {Jr.}, son of Benjamin Rush {Sr.}, all the remainder part of my estate and what profits shall arise therefrom from the date of this Will only that he pay his father and sisters the above mentioned money..... Item: .....And appoint my grandson Benjamin Rush {Jr.}, the son of Benjamin Rush {Sr.}, Executor....and Evan Price Executor to this my last Will....." Presented by Benjamin Rush Junior, executor. Proved by Thomas Robeson and Thomas Macey. Admitted to Record. Test: Harry Turner, Clerk.

{11MAR 1750 PRINCE WILLIAM COUNTY DEEDS BOOK, page 217 – 218. On Margin of page: "11 MAR 1750 Dd. Jno. Rush" {no such deed on these pages or preceding or postceding pages }

24 SEP 1750 PRINCE WILLIAM COUNTY DEEDS BOOK, page 117...... Benjamin Rush Junior witnessed.....deed

4 JUN 1752 KING GEORGE COUNTY DEED BOOK, pages 483 – 487. Indenture Joseph Jones to William Grigsby Junr. for 50 £ currant money of Virginia.....Lease and Release....sold 100 acres ..... Witness: Benjamin Rush Junior

23 JUN 1752 PRINCE WILLIAM COUNTY ORDER BOOK, page 13. On petition, Benjamin Rush against Thomas Young. On hearing the parties the suit is dismissed.

30 MAY 1753 PRINCE WILLIAM COUNTY ORDER BOOK, page 117. On petition of Benjamin Rush (Sr.), License is granted him to keep an Ordinary (Tavern) at his home the ensuing year he having complied with the Law.

30 MAY 1753 PRINCE WILLIAM COUNTY ORDER BOOK, pages 124, 126 & 128. Benjamin Rush on Juries for Alex Rider, Plt against Edmond Denny, Def; Benjamin Reave, Plt against Thomas Wallis, Def; and John Peyton, Plt against Samuel Haddock, Def.

{18 SEP 1753 CULPEPER COUNTY DEED BOOK S, page 65. This indenture.....by and between Benjamin Rush {son of William Rush IV} of the County of Culpeper on the one part and John Thomas of the same County of the other part....the said Benjamin for and in consideration of rents.....doth grant, bargain and sell.....one certain tract of land containing 100 acres.....being part of the 400 acres formerly granted to William Rush {IV} by patent, the said William Rush {IV} dying without Will and his son, William Rush {V}, dying without heirs of his body, the said land descended to.....Benjamin Rush as being the next heir of the said William Rush {IV}.....by lands of Anthony Strother and Major Phillip Rootes.....Rent to be paid 475 pounds of tobacco each year.}

{21 DEC 1755 CULPEPER COUNTY DEED BOOK B, page 225. This indenture.....between Benjamin Rush {son of William Rush IV} of Culpeper County, on the one part and Phillip Rootes of the Parish of Stratton Major and County of King and Queen of the other part.....in the consideration of the sum of 5 shillings Sterling......all that tract of land containing 300 acres, being the same more or less,....as the plantation whereon the said Benjamin Rush now liveth, adjoining the land of Phillip Rootes, and is part of the tract of 400 acres granted to William Rush {IV}, the father of the said Benjamin Rush.....until the full end and term of one year thence.....that by virtue of these presents and of the Statue for transferring uses into possession the said Rootes may be in actual possession of the premises and be enabled to accept a Release .....Wit: John Scott, John Kelly, James Rush ...... This indenture of Lease ack’d and Recorded 20 MAR 1755/1756. Roger Dixon, Clerk} {A year later in 1756 a Release Deed is signed at which time this Benjamin Rush is married to a Rachel.}

2 JUL 1755 PRINCE WILLIAM COUNTY, DETTINGEN PARISH INDENTURES (1749 – 1782), pages 19 – 20. William Fewell, an Orphan boy, age 10 on March 18 next; bound until age 21 to Benjamin Rush, Junior, Blacksmith. To be taught the trade, art or mystery of blacksmith and to read and write English. Wit: Edward Blackburn, Junr. and Antho. Seale, July 2.

28 AUG 1756 PRINCE WILLIAM COUNTY, DETTINGEN PARISH VESTRY BOOK (1745 – 1785), page 55. At Vestry held at Quantico Vestry house August the 28th day 1756. Present: Mr. James Scott, Minister...... Ordered that Hugh Eady, Martin Harding and Benja. Rush or Any two of them view the Gleeb buildings and Report to the Vestry at the laying the Next Levy.

21 DEC 1756 PRINCE WILLIAM COUNTY, DETTINGEN PARISH VESTRY BOOK (1745 – 1785), page 57. At a Vestry held at Dumfriss December 21st Day of 1756. Present: Mr. James Scott, Minister.....Dettingen Parish.....: To Wm {should be Benjamin; see immediately above} Rush and Mr. Harding for Viewing the Gleeb building @ 100 lbs. (of tobacco) each.....200 lbs.

13 OCT 1759 PRINCE WILLIAM COUNTY, DEEDS AND WILLS, pages???: IN THE NAME OF GOD AMEN. I, Benjamin Rush (Sr.), of the County of Prince William in the Colony of Virginia, being of perfect health and sound mind and memory blessed be to God.... IMPRIMIS: I give and bequeath to my loving wife, Amey Rush, the use and benefit and occupation of all my personal estate which I desire she may enjoy during her natural life and after her decease I give and bequeath the same estate and the increase thereof to my loving son, Benjamin Rush (Jr.), and his heirs forever. ITEM: I give and bequeath to my loving son Benjamin Rush and to his heirs forever 520 acres of land, it being part of a greater tract containing 640 acres of land situate and lying and being in the County of Granville in North Carolina lying on both sides of Sandy Creek granted to me by indenture bearing the date of the 20th of June 1749.....and lastly I constitute my loving wife and loving son Benjamin Rush to be my sole executors of this my last Will and Testament...... Wit: John Bryan, Wm. Purcell, James Pierce, Thos Boll, Jos. Martin

25 MAY 1761 PRINCE WILLIAM COUNTY, DETTINGEN PARISH INDENTURES (1749 – 1782), page 28. Benjamin Thomas, Orphan of William Thomas, deceased, age 11 bound until age 21 to Benjamin Rush. To be taught the art, mystery and occupation of cooper, and to read and write. Wit: Benj. Mason, Francis Reno, Francis Jackson & James Gregsby.

24 JUL 1761 PRINCE WILLIAM COUNTY DEEDS BOOK, page 92 – 98. Indenture between Thomas Arrington and Peggy his wife of the County of Prince William of one part and Benjamin Rush Junior of the said County of the other part....for the sum of 128 £ of Current money of Virginia have sold unto said Benjamin Rush (in his actual possession now being by virtue of a Lease for one year and by force of the statue for transferring uses into possession).....320 acres....begins at the mouth of Simms Branch on north side of Broad Run .....Col Henry Peyton’s land....Mr. John Tyler’s land.....and all houses and appurtenances whatsoever to the said parcel.....Wit: Isaac Davis, William Davis, Benjamin Mason, Thomas Arrington, Peggy Arrington

27 JUL 1761 PRINCE WILLIAM COUNTY DEED BOOK, page 98. Thomas Arrington and Peggy his Wife (she being first privately examined and thereto consenting) acknowledged this Release.....

2 NOV 1761 PRINCE WILLIAM COUNTY DEED BOOK Q, PAGE....Benjamin Rush Junr. and his wife, Alice, .....sell 260 acres to John Brett .....for 200 £ lawful money of Virginia.....on the north side of Broad Run of Occoquan... Henry Peyton’s line.....John Tyler’s line.....together with houses, gardens, orchards and appurtenances belonging.....Wit: Diskin Tibbs, John Newman, Robert Elliott, William Matthis

5 MAY 1762 PRINCE WILLIAM COUNTY ORDER BOOK, page 125. Alan Macrae, Gent., Assignee of Ann Watkins, Plaintiff v David Zwilling, Benj Rush Senr. and William Nowell, Defendants. In Debt. Jury.....finds Defendants the sum of 3 £, 4 shillings and six pence do owe to the Plaintiff. Debt, Damages and Costs.

5 JUL 1762 PRINCE WILLIAM COUNTY ORDER BOOK, page 168. Benj Rush Junr., Plaintiff, v Parmanus Williams, Defendant. On attachment: James Smith, a Garnishee, being sworn declared that he had a Mare in his possession that he purchased from Defendant.....Ordered.....Sheriff sell the same according to Law and that he pay the money.....to the Plaintiff towards.....

5 JUL 1762 PRINCE WILLIAM COUNTY ORDER BOOK, page 169. Benj Rush Junr., Plaintiff, v Parmanus Williams, Defendant. On attachment: Henry Peyton, Gent., a Garnishee, being sworn declared he has of the Defendant’s Estate in his hands 8 shillings and 4 pence; Ordered to pay the same to the Plaintiff.

2 AUG 1762 PRINCE WILLIAM COUNTY ORDER BOOK, page 255. Benj Rush Junr. on a Jury

3 AUG 1762 PRINCE WILLIAM COUNTY ORDER BOOK, page 266 & 267. Benj Rush Junr. on a Jury two times.

5 OCT 1762 PRINCE WILLIAM COUNTY ORDER BOOK, page 350. John Peyton, Plt v Benj Rush, Junr. Deft. In case: Deft. solemnly called came not.....Judgment is therefore granted the Plaintiff against the Defendant.....

2 NOV 1762 PRINCE WILLIAM COUNTY ORDER BOOK, page 385. Robert Peyton, Orphan of Valentine Peyton, Gent., deceased came into Court and made choice of Benjamin Rush {? Junior} for his Guardian who is to enter into and execute a Bond at the next Court with good and sufficient Securitys.....for his faithful performance.....

2 NOV 1762 PRINCE WILLIAM COUNTY ORDER BOOK, page 388. Benjamin Rush {? Junior} with John Tyler and Benj Bridges his Securitys entered into Bond for the Guardianship of Robert Peyton which Bond is ordered to be recorded.

2 NOV 1762 PRINCE WILLIAM COUNTY ORDER BOOK, page 388. Benjamin Rush {Junior} and Alice his wife acknowledged Deeds of Lease and Release together with Receipt thereon endorsed to John Tyler and Ordered recorded.

5 DEC 1762 PRINCE WILLIAM COUNTY DEEDS BOOK, page 266 – 271. Indenture between Benjamin Rush {Junior} of the Parish of Dettingen in County of Prince William, Planter, and Alice his wife of one part; and John Tyler of the Parish and County aforesaid of other part....for the sum of 70 £ Current money hath sold unto John Tyler (in his actual possession now being by virtue of a Lease for one year and by force of the statue for the transferring uses into possession).....on the North or Upper side of the Broad Run of Occoquan being part of a larger tract once belonging to Thomas Arrington which he sold to Benjamin Rush Jr., bounded as follows: Beginning at the old wagon ford on Broad Run.....near cosway at Tibbs Road....containing 60 acres together with all Houses, gardens and appurtenances to the said land.....Wit: Charles Tyler, Robert Peyton, Anne Rush, Benjamin Rush Junior, Alice Rush. {Anne Rush is a Daughter of Benjamin Rush Jr. who married Robert Peyton.}

8 FEB 1763 PRINCE WILLIAM COUNTY ORDER BOOK, page 406. Benj Rush Junr., Plaintiff, v Parmanus Williams, Defendant. On attachment: This suit .....is continued until next Court.

7 MAR 1763 PRINCE WILLIAM COUNTY ORDER BOOK, page 420. On the Petition of Benjamin Rush Junr. License is granted him to keep an Ordinary (Tavern) at his house who with William Moore entered into and executed a Bond for the same purpose.

4 APR 1763 PRINCE WILLIAM COUNTY ORDER BOOK, page 426. Benjamin Rush Junr., Plt against Parmanus Williams, Deft. On Attachment:.....continued.....until next Court at Plt’s Costs.

4 APR 1763 PRINCE WILLIAM COUNTY ORDER BOOK, page 492. John Peyton, Plt v Benj Rush Junr., Deft. In Case: The Defendant being solemnly called and failing to appear the Order is confirmed against him and Writ of Enquiry of damages to be executed next Court.

2 MAY 1763 PRINCE WILLIAM COUNTY ORDER BOOK, page 499. On the petition of William Rose: Ordered that Benjamin Rush {? Junior} , Benjamin Bridges and John Lumsdall, or any two of them view the way petitioned for and make a report on Oath to the next Court whether the same will be convenient or not.

2 MAY 1763 PRINCE WILLIAM COUNTY ORDER BOOK, page 501. Benjamin Rush { Junior}, Plt. against Parmanus Williams, Deft. On Attachment: The Plaintiff having proved his Account, judgment is granted him against the Defendant for 4 £, two shillings and nine pence, half penny current money and his Costs by him in his behalf expended.

6 JUL 1763 PRINCE WILLIAM COUNTY ORDER BOOK, page 552. John Peyton, Plt. v Benj Rush { Junior}, Deft. Trespass on Case: This day came the parties by their Attorneys and thereupon came also a Jury to wit.....do say the Defendant did assume and undertake in manner and form as the Plaintiff in his Declaration complains against him, and Assess the Plaintiff’s damages by occasion of non performance.....to 12 £ current money and 999 pounds of crop tobacco.....his Costs by him about his suit in this behalf laid out.....in Mercy and Costs.

6 AUG 1766 PRINCE WILLIAM COUNTY ORDER BOOK, page 2. George Foster to pay Benj. Rush { ?Junior} for two days {attendance} against Peyton.....75 pounds {of tobacco}

8 AUG 1766 PRINCE WILLIAM COUNTY ORDER BOOK, page 6. Rush v Tyler: Jury Verdict for Plaintiff and Judgment

5 SEP 1766 PRINCE WILLIAM COUNTY ORDER BOOK, page 12. Rush v Riddle: dismist.

3 NOV 1766 PRINCE WILLIAM COUNTY DEED BOOK, page 401. From Benjamin Rush and Alice Rush to John Brett all of Dettingen Parish, Prince William County.....property that joined that of Henry Peyton and John Tyler

***3 NOV 1766 PRINCE WILLIAM COUNTY ORDER BOOK, page 18. Deeds of Lease, Release and Receipt from Benj Rush {Junior} and Alice his wife to John Brett (she being first privately examined), Acknowledged and Ordered to be recorded.

JAN 1767 BUTE COUNTY, N.C. WILLS AND INVENTORIES PART III, page 80: Benjamin Rush Senior: The County of Bute, January Court, 1767.....This Will was approved by the oath of Thom. Boll, one of the subscribing witnesses thereto and on the motion it was ordered to be recorded, then Benjamin Rush { Junior} the executor therein named qualified as such which was ordered to be certified. Teste: Ben McCulloch, Clerk of Court

4 AUG 1767 PRINCE WILLIAM COUNTY ORDER BOOK, page 18. Deeds from Robert Peyton to Henry Peyton proved by Benjamin Rush { Junior} and continue.

AUG 1768 BUTE COUNTY, N.C. WILLS AND INVENTORIES: Inventory filed by Son, Benjamin Rush Junior, Executor: "To cash in house 20 £ of Virginia Currency.....63 hogs....18 cattle...8 sheep...2 hogshead of tobacco... 4 ploughs...4 axes...a crop of corn, fodder, pease, beans and potatoes...3 feather beds and furniture...14 tables...11 plates...4 pewter dishes...8 tin pans..5 wooden plates...14 pewter spoons...4 butcher knives...5 table knives and 7 forks...4 butcher knives...6 pair of sizzors...{many assorted dishes and flatware}...1 earthen cream pot...1 pewter chamber pot...a small spit to roast fowls...a small pocket pistol...1 gun...1 man’s saddle...1 woman’s saddle...2 bridles...1 off riding chair and harness...{many farming tools}...2 tables and chests...1 small trunk....1 safe....1 ladle and flesh fork.... 2 Bibles...1 frying...{carpenter’s tools}...4 shoemakers awls....marking irons...1 pair sheep shears...6 padlocks...8 fish hooks...1 trowel...1 cooper’s axe...1 joyner...1 pair spectacles...1 smith’s bellows...3 pairs of tongs...3 hammers...1 wool wheel... one tobacco box...3 small snuff boxes...2 copper compasses...one ink pot..."etc. {oddly, no horses are mentioned} Recorded. Teste: Ben McCulloch, Clerk of Court

{Four years before in 1764, Bute County was formed from the eastern part of Granville County. Then in 1779, Bute County was divided into Franklin County and Warren County, and ceased to exist.}

28 APR 1801 CHATHAM COUNTY, N.C. WILLS AND INVENTORIES: Pages ???. In the name of God, Amen. I, Benjamin Rush (Junior), of Chatham County and State of North Carolina, being sick and infirm of body, but sound of mind and memory,..... First, I give and bequeath to my beloved wife, Elizabeth Rush, during her natural life the following negroes, Rich and Venus, my usual bed, bedstid and furniture, her saddle and bridle, my natural packing Colt (called Cate), one large walnut chest and a small safe to her and her heirs forever. Also a proportionate part of my personal estate during her natural life and the real estate during her widowhood. 2. I give and bequeath to my son, William Rush, my ivory headed cane. 3. ....my daughter, Ann Peyton...5 shillings current money North Carolina currency....4.....daughter, Elizabeth Terrell....5 shillings....5.....6......daughter, Alice Devaney...5 shillings....7....8....9....Amy Stringfellow...10 Pounds Virginia Currency....10. I give and bequeath unto my son, Benjamin Rush, the land I now live on in Chathan County, also one-half share of the persihable part of my estate...11. I will that all of the residue and remainder of my estate both real and personal be divided equally between my wife, Elizabeth, and my three daughters, Ruth, Judie and Elizabeth,....Lastly I appoint my beloved wife Elizabeth my Executrix and my son William Rush and my friend Thomas Stokes to be my executors of this my last Will and Testament....Wit: Thomas Stokes, Hardy Wheless, Arnel Rains. E. B. Hatch, Clk Superior Court, Chaham Co.

{In an old Bible record, according to his son, William Rush : "Benjamin Rush Junior, my father, died upon Cape Fear River on the 23rd of May 1801, age 86."}

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NOTE TO READERS: All the words in bold type face are links to images, maps or word definitions in the Glossary.The Citations and Glossary are available under the Resources tab or here (link) .

Note 2: Benjamin Rush Sr. land on Marumsco Creek is now part of the Occoquan Bay National Wildlife Refuge. Click here (link) for his location on a current map - click the + sign to zoom in.

Note 3: Hanover Parish of King George County is adjacent to Washington Parish of Westmoreland County

 

NOTE TO READERS: All the words in bold type face are links to images, maps or word definitions in the Glossary.The Citations and Glossary are available under the Resources tab or here (link) .

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This is a County Photo Album (link)   showing when counties were added in Virginia over time.

Northumberland County formed in 1648

Lancaster County from Northumberland County in 1652

Westmoreland County from Northumberland County in 1653

Stafford County from Westmoreland County in 1664

Richmond County from Northumberland County in 1692

King George County from Richmond County in 1720

Spotsylvania County from Essex, King and Queen and King William Counties in 1721

Caroline County from Essex, King and Queen, and King William Counties in 1728

Prince William County from King George County 1731

Orange County from Spotsylvania County in 1734

Culpeper County from Orange County in 1749

 


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