Elizabeth Chisholm of Albemarle County, Virginia m. Edward Hughes
- William Chisholm 1751-1807 m. Mary (MNU)
- William R Hughes
- Nancy Hughes
- Polly Chiles
- Susan Wheat
- Patsy Hughes m Archibald Barker
- Sarah Sally Hughes
- Elizabeth Chisholm b. abt 1774 of Albemarle County, Virginia m. Edward Hughes
- Brice Chisholm b. abt 1776 of Albemarle County, Virginia m. Martha Carter Haslop
- Isham Chisholm b. abt. 1778 of Albemarle County, Virginia
- Memucan Chisholm b. abt 1781 of Albemarle County, Virginia m. Alcey Rhodes
- Mary Catherine Chisholm b. abt 1779 m. James Massie
- William Chisholm Jr b. abt 1787 of Albemarle County, Virginia
FACTS and SOURCES:
1790 Dec 19 – Marriage of Edward Hughes to Elizabeth Chisholm in Albemarle Co, Va
Name: Elizabeth Chisholm
Spouse: Edward Hughes
Marriage Date: 19 Dec 1790
Marriage Location: Albemarle County, Virginia
Dodd, Jordan. Virginia, U.S., Compiled Marriages, 1660-1800 [database on-line]. Provo, UT, USA: Ancestry.com Operations Inc, 1997.
1837 July 11 – Isham Chisholm – Will bk 12, p 461. Albemarle County, Virginia
… I Isham Chisholm of the County of Albemarle and State of Virginia … declare this to be my last will and testament …
… I give to my brother Memucen Chisholm the following property to wit: Judith, Lucy and Mann together with their increase to be left in the hands of my brother William Chisholm who I appoint as trustee for him during his natural life, then to be kept together by the above named trustee for the benefit of his Memucen Chisholm’s children untill the youngest shall become of age, then to be equally divided amongst them. I also give unto Memucan Chisholm all the bonds, executions of which I have paid for him.
… 2d, I wish the piece of land which I bought of Ned Hughs, it being my sister Elizabeths portion of this estate to be divided equally between her children.
… 3d, I give to my neice, Nancy Hughs a horse bridle and saddle to be taken out of my estate by my executor hereafter named and a negroe by called Jim a son of Dolly to have to hold and to do with as she may choose.
… 4th, I give to my brother William Chisholm all the remaining estate of every kind and description whatever which I may die in possession of to have to hold and do with as he may choose, namely my tract of land lying in the Ragged Mountains containing about 126 acres all my interest in this tract on which we now live not heretofore disposed off my interest in the negroes belonging to the estate of not to be divided until our mother’s death and my interest in Dolly and her Family (Jim excepted) it being 1/2 together with my intrest of the household and kitchen furniture. The farming utensils, stock of every kind and description it being 1/2 and my bonds and all debts which are now due to me or which ever may hereafter be due me.
… Inquire my executor William Chisholm to support our mother as we have heretofore done together not wishing her to want for anything and to support our niece Nancy Hughes in like manner as we have done heretofore so long as she remains single and live with him.
… Lastly I hereby appoint my brother William Chisholm as my sole executor and request that he shall give no security.
A witness whereof, I hereunto affix my hand and sel this 11th day of July 1837, in the present of
Signed: I Chisholm
Wit: A R Shefield, John R Chisholm, William Suttle.
1837 Aug 7 … At a Court held for Albemarle County 7th August 1837 an Instrument of writing purporting to be the last will and testament of Isham Chisholm decd was produced into court and proved by the oaths of the subscribing witnesses thereto and ordered to be recorded. Teste Ja. Garnett, CC.
1840 Jan 12 – Mary Chisholm – Ex a/c, bk 14, p 173-175. Albemarle County, Virginia
… The Estate of Mary Chisholm in Account with William Chisholm her Administrator
Jan 12, 1840 – To cash paid Tarlton Pace for crissing property – 2.50
Cash paid clerk’s fees – 3.00
cash paid J H Gilmer – attys fee – 5.00
cash paid R C Noel for advertising – 1.50
commission on 2500 amount receipts at 5 percent – $125.00
commissioners fee for settling this a/c – 3.00
balance due the estate this day – 2360.00
Nov 1, 1840 – Total: $2500.00
Aug 25, 1840 – By amt sale Priscilla and Betsy purchased by William Chisholm – 800.00
by amt sale Patience purchased by James Massie – 500
by amt sale Milley purchased by William H Massie – 600
by amt sale Lydia purchased by M Chisholm – 600
1840 Nov 1 – by balance due the estate this day pr contra – $2360.00
By interest on same till date – $36.18
Pr & Int due estate 19th Feb 1841 – $2396.18
William Chisholm admr etc
— In A/C with James Massie and Mary his wife
1841 Feb 19 – to 1/6 of $2396.18 – bal on adm a/c this day – $399.36
— In A/C with Memucan Chisholm (Legatee)
1841 Feb 19 – to 1/6 of 2396.18 bal on admr a/c this day – $399.36
— In A/C with the six children of Elizabeth Hughes
1841 Feb 19 – to 1/6 of 2396.18 bal on admr a/c this day – $399.36
Commissioners office Feb 15th 1841
In obedience to the order of the County Court of Albemarle hereto annexed the undersigned commissioners has proceeded to settle the a/c of William Chisholm admr of Mary Chisholm decd and reports the foregoing as the resall of his investigation. The administrator prduced ample and satisfactory vouchers for each item of debit in the accounts and after allowing him the usual commission of 5 percent on his receipts, it is ascertained that the balance due from him to the estate on this day is 2396.18 acc which will more fully appear by reference to the account. The commissioner has also proceeded at the request of the administrator to state the legatee accounts. There were originally 6 legatees, to wit: Memucan, William, Brice, Isham, Mary wife of Massie, and Elizabeth wife of Hughes. The admr claims three interest in the estate: His own and those of Brice and Isham. He alleges that Brice transferred his interest to Isham by an instrument in writing, that Isham has since died and bequeathed it to him. Upon this hypotheses he is entitled to one half of the Estate.
Each of the other distributees is entitled to $399.36 as per distributee a/c’s Mr Hughes having died and left 6 children, each of her children is entitled to 1/6 of this sum or $66.56. The children of Elizabeth Hughes are said to be William H Hughes, Nancy Hughes, Polly Chiles, Susan Wheat, Patsy Barker, and Sally Hughes. All which is respectfully submitted.
Signed: Th. Wood, Commr.
At a Court held for Albemarle County 1st March 1841 this account and report was returned into court and ordered to be.
And at a Court held for said County 5th Aprl 1841.
No exceptions being filed thereto the same was ordered to be recorded. Teste: Ira Garrett, CC.
1849 March 2 – John B Chisholm to A B Magruder, bk 47, p 158. Albemarle County, Virginia
… between John B Chisholm of the first part, Allen B Magruder of the second part, and Ralph S Dudley of the third part. … the said Chisholm is justly indebted to said Dudley in the sum of 400 dollars due by bond dated 2d day of February 1849 and payable on demand . And the said Dudly is further liable to pay and expects to pay and discharge sundry sums of money ammounting in all to ____ between 150 and 200 dollars (the exact sum not now remembered) due by said Chisholm to sundry creditors in which said Dudley is is his surety in the … bonds given under the execution for said debts… all of which debts so due as afsd or to become due, the said Chisholm is willing and desirous to secure to said Dudley …. this Indenture further witnesseth that for and in consideration of 5 dollars in hand paid by the said Magruder to said Chisholm he the said …… Chisholm hath bargained sole and transfered and doth hereby bargain sell and convey unto the said Magruder … the following property to wit, one two horse wagon, three horses and the gear and all the right title and intrest of the said Chisholm in and to the slaves, between 12 & 16 in number bequeathed to said Chisholm in common with his sister Mary Elizabeth Rodes (late Mary Elizabeth Chisholm) wife of John Rodes and Lovenia Ann Chisholm, by the late Isham Chisholm. And now held under his will by his executor William Chisholm, agreeably to the provisions of said will.
To have and hold the said right title and interest (being one full third of the whole number) in and to the said negroes with the increase of the females thereof, and the said wagon and horses and gear unto the said Magruder and his heirs, free from the claims of said John B Chisholm and all persons claiming under him. In Trust, nevertheless that the said Magruder shall permit the said wagon and gear and horses and the said interest in the slaves afsd to remain in the quiet and peaceable possession of the said Chisholm ... under default be made in the payment of the said sums of money in any part thereof, provide however that if the same is any part thereof, shall remain due and unpaid to Dudlay in his assignee or of said Chisholm, the said Magruder, shall after having issued the time and place of sale at his discretion and given at least four weeks notice thereof in some appropriate way, expose to sale at public auction to the highest bidder for ready money the said wagon and gear and horses and the said interest in the slaves as aforesaid. And from the proceeds of such sale, after defraying the expenses of said sales including the fee for writing and recording this deed and the usual commission on the amount of sales, shall …. to said Dudley his heirs and assigns the said debts afsd or so much thereof as shall remain unpaid, and the balance if any, pay over to said John B Chisholm …
But if Chisholm shall pay and discharge the said debt with all interest and all proper costs and charges attending the same … before the said sale then this indenture to be void …
Signed: John B Chisholm, A B Magruder, R S Dudley
1854 Sept 26 – Hughes/Massie/Chisholm – Agreement, bk 24, p 25. Albemarle County, Virginia
… This agreement made and entered into this 26 day of Sept 1854 between John O Massie as Executor of the Last Will and Testament of William Chisholm decd in his own right, William H Massie and James T Massie of the first part, and Nancy T and Sarah T Hughes of the second part … John O Massie in his own right and as executor of William Chisholm decd, William H Massie, and James T Massie have agreed that the said Nancy and Sarah Hughes shall have and hold free from the claim or demand of the said John O Massie in his own right and as executor afsd and of the said William H & Jame T Massie and free from all claim or demand of creditors of the said William Chisholm dec’d, the following property … the negro woman Margarette and Mary, being the negroes specially bequeathed by said Chisholm to the sd Nancy and Sarah Hughes, also all the personal property of every kind …. by the said William Chisholm …. and the said John O Massie executor as afsd agrees to pay all the debts of the said William Chisholm decd, and in consideration of the premises the said Nancy and Sarah Hughes from their uncle William Chisholm, being the parts coming to the said Nancy and Sarah Hughes out of the Estate of their Grandmother Mary Chisholm, said amount to be ascertained by reference to a report of commissioner T Wood …. to be deducted from the half to be paid by the said Nancy and Sarah Hughes, the value of a horse saddle and bridle which was left to Nancy Hughes by her uncle Isham Chisholm and which was never paid to her. It is further agreed by and between the parties above named that the messrs Massie shall choose one person and the Missrs Hughes shall chose another, that these two shall choose a third, these three shall with the County surveyor come upon the Land which was occupied by William Chisholm decd and divide the same unto two equal portions, in value, that the Missrs Hughes shall have that portion upon which is situated the dwelling and out houses and they shall have a fair proportion of timberland, the part so assigned to Sarah and Nancy Hughes shall be theirs in fee simple and the Messrs Massie shall take presently the part taken allotted to them, so that instead of the Messrs Hughes taking a life estate in the whole land as under the Will of their uncle they are entitled to, they shall take a fee simple interest in one half and the said Messrs Massie instead of taking a remainder in the whole real estate shall take a present Estate in one half thereof. It is further agreed that the Report of the persons selected to divide the land together with the survey shall be recorded in the Clerks office of Albemarle County …
…. further agreed … shall divide the land shall also divide the negroes left to the Messrs Hughes for life and the Messrs Hughs shall take absolutely 1/2 thereof in value, which half shall embrace same and the negro woman Betsy and her two children, the other half shall be taken by the Messrs Massies. If the negroes cant be divided equally in value, then the division shall be as nearly equal as probible, and if the Messrs Hughes get the lot of the most value they shall in money make the Messrs Massie equal of if the share of the Massies shall be most valuealbe then they shall in money make the Missrs Hughes equal.
… The same Gentlemen who are to divide the land and negroes shall afix the value of the horse, saddle and bridle left the Miss Nancy Hughes by her uncle Isham and which value is to be deducted from the parts of the debt to be paid by Miss Nancy and Sarah Hughes.
… and as the heirs at law of the Catherine Massie and the heirs at law of Elizabeth Hughes own ___ each of the tract of land occupied by William Chisholm.
… It is further agreed amongst the said parties that the shares of Messrs Massie heirs shall be cut off on the corner of the tract known as Jones Tract and the Messrs Massie will save harmless the Missrs Hughes from all claim or claims of the heirs of the said Catherine Massie.
… It is also agreed that whatever interest is owned by the Missrs Hughes in the claim of the heirs at law of Elizabeth Hughes shall be cut off adjoining the land allotted to the Messrs Hughes.
… It is further agreed that the Messrs J T Bardsdale and Robert Richardson or either of them shall for the value of the negroes.
… Witness the following signatures and seals the day and year above written.
Signed: John O Massie, William H Massie, James T Massie, Nancy T Hughes, Sarah T Hughes
Wit to J O Massie & Nancy & Sarah Hughes: R T W Duke
Wit as to William H & James T Massie: James Massie
(Survey: Following page in book: https://www.familysearch.org/ark:/61903/3:1:3QS7-99P7-9G6Q?i=16&cat=279536 ).