John Waller (abt. 1735 - abt. 1809)

Born about 1735 in Virginia

Husband of Lydia (Dodson) Waller — married about 1767 in Virginia

Descendants

Died about 1809 at about age 74 in Pittsylvania County, Virginia, United States

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Biography

John Waller was born about 1735 in Virginia.

John married Lydia Dodson about 1767, possibly in Virginia. No marriage record has been located.

John purchased for 210 pounds current money of Virginia, 400 acres of land in Pittsylvania county, Virginia from Moses Moss and his wife Mary, on the 25th of September, 1772. The deed reads in part as follows: "This Indenture made this twenty fifty day of September in the twenty fifth year of the Reign of our Soverign Lord & King George the third and in the year of our Lord Christ one thousand & seven hundred and seventy two. Between Moses Moss and Mary his wife of the county of Pittsylvania of the one part and John Waller of the said county of the other part for and in consideration of the sum of two hundred and ten pounds current money of Virginia to me in hand paid by the said John Waller at or before the ensealing and delivering of these presents the receipt whereof the said Moses Moss doth hereby acknowledge hath given granted bargained sold released and confirmed and by these presents doth give grant bargain sell release and confirm unto the said John Waller that piece or parcel of land whereon I now live situating and being in the county aforesaid on Banister River it being all the land I bought of Richard Chamberlayne containing 400 acres be the same more or less. Beginning at Richard Elkins corner white oak thence running according to the courses of the deed made by Richard Chamberlayne all threes woods under woods ways waters and water courses profits commodities advantages hereditaments appurtenances whatsoever to the said tract piece or parcel of land and premises above mentioned belonging or in wise appertaining and also the reversion and reversions remainder and remainders the said premises and every & parcel thereof to have and to hold the said tract piece or parcel of land above mentioned to the said John Waller and his heirs or assigns forever and the said Moses Moss for himself and his heirs doth covenant grant and agree to and with the said John Waller his heirs and assigns by these presents the said tract or parcel of land above mentioned to the said John Waller and his heirs and assigns forever against him the said Moses Moss and his heirs shall and will warrant and forever defend by these presents In Witness whereof the said Moses Moss hath hereunto et his hand and fixed his seal the day and year first above written. [signed] Moses Moss Signed sealed and delivered in presence of [no names given] . . . "^[1]

John married his second wife Rebekah Asten on or about the 8th of March, 1797 in Rockingham county, North Carolina. John took out a bond for a marriage license on the 8th of March, 1797, in Rockingham county, North Carolina.^[2] There is no information as to the exact date of the marriage.

John made his last will and testament on the 28th of December, 1808. John's will reads in part as follows: "In the name of God Amen I John Waller of the county of Pittsylvania and state of Virginia being sick and weak of body but of perfect mind and memory thanks be given to God calling unto mind the mortality of my body and knowing that it is appointed for all men once to die as make and ordain this my last will and testament that is to say principally and first of all I give and recommend my soul unto the hand of Almighty God that gave it and my body I recommend to the earth to be buried in decent Christian burial at the discretion of executors nothing doubting but at the general resurrection I shall receive the same again by the mighty power of God And as touching such worldly estate where with it has pleased God to bless me in this life I give remise and dispose of the same in the following manner and form. And first after all my lawful debts are paid off, Item I give and bequeath unto my well beloved wife Rebecah Waller my whole right and title to that tract of land on Dan Rivers in Rockingham County with the negroes and other property that is now in the said plan to be enjoyed freely by her during her life and then to be disposed of as heretofore directed it being property that came by her. Item I give and bequeath unto my daughter Phebe Ballon one hundred pounds Virginia currency to be leveyed out of my estate and a negro woman called Hannah to be enjoyed by her and her heirs forever

Item I give and bequeath to my son Joel Waller five shillings Virginia currency together with what I have heretofore given him to be freely enjoyed by him and his heirs forever

Item I give and bequeath unto Major Price formerly husband of my daughter Sarah Price deceased five shilling Virginia currency to be freely enjoyed by him and his heirs forever

Item I give and bequeath to my son ol'd Waller five shellings current money of Virginia together with what I have heretofore given him to be freely enjoyed by him and his heirs forever

Item I give and bequeath unto my daughter Lidda White five shillings current money of Virginia together with what I have heretofore given her to be freely enjoyed by her heirs forever

Item I give and bequeath to my son John Waller that tract of land called my Creek tract to be freely enjoyed by him and his heirs forever excepting that part of the said tract heretofore laid off for my son Joel Waller if he should come back with a desire to live thereon my desire is that he should have it if not to remain in the possession of my said son John Waller

Item I give and bequeath unto my son Pleasant Waller the tract of land whereon I now live to be freely enjoyed by him and his heirs forever

Item I also give and bequeath unto my sons John Waller and Pleasant Waller and my daughter Lidda White heirs born of her body my said daughter and her heirs to be considered as one part of the three and she to have the use of the property until her children come of age as well those unborn as those in being all my stock and household and kitchen furniture to be equally divided among them by lot and as for my negroes I will and bequeath to my son John Waller Harry and Simon Fillice and her two children Jazbel and Peter and one black mare called Johns mare and one horse ? with a star and a snip at my place in Rockingham county I also will that Pleasant Waller my son to have Negroes Abram and Daniel Rear and her two children Mary and Terry and one colt called his being the sorrel mare cautt and my sorrel horse jasse will my daughter Lidda White heirs to have negroes Adam and Kupit Sil and her three children viz. Pott Ben and Alphred and one sorrel mare and I do hereby likewise constitute make and ordain William Stamps and Samuel Walker Executors of this my last will and testament and I do hereby utterly desallow revoke and desannul all and every other former testament wills legacies bequest and executors by me in any ways before named willed and bequeathed ratifying and confirming this and no other to be my last will and testament In witness whereof I have hereunto set my hand and seal this twenty eighth day of December in the year of our Lord one thousand eight hundred and eight [signed] John his +++ mark Waller Signed sealed published pronounced and declared by the said John Waller as his last will and testament in the presence of us who in his presence and in the presence of each other have hereunto subscribed our names George Dodson Senr, William Walker, William his X Mark Colley

At a Court held for Pittsylvania County the 20th day of February 1809 this last will and testament of John Waller deceased was presented in Court and proved by the oaths of the three subscribing witnesses and ordered to be recorded and on the motion of Samuel Walker one of the executors herein named who made oath according to law and together with Jackson Walters, Rawley White William Dodson John Pestate Noel Waddell thomas Shelton Slackley Turner William Williams William Young and Doctor C. Williams his securities entered into and acknowledged their bonds in the penalty of forty thousand dollars for that purpose conditioned as the law directs certificate is granted him for obtaining a probate of the said will in due form leave is granted the other executors to join in the probate when he shall think fit."^[3]

John died sometime before the 20th of February, 1809 in Pittsylvania county, Virginia.

Sources

1. ↑ Pittsylvania County, Virginia Deed Book No. 3 (1772-1774) pages 92 & 93; https://familysearch.org/ark:/61903/3:1:3Q9M-C9PX-GTZR
2. ↑ "North Carolina, County Marriages, 1762-1979 ", , FamilySearch (https://www.familysearch.org/ark:/61903/1:1:QP9X-2FQ8 : Wed Oct 18 05:51:15 UTC 2023), Entry for John Waller and Rebekah Asten, 8 Mar 1797.
3. ↑ Pittsylvania County, Virginia Deeds & Wills No. 11 1780-1820, pages 322, 323 & 324; https://familysearch.org/ark:/61903/3:1:3Q9M-C9PX-G2Z7