All Hale The New Score…The Real Family Story of One of Grayson’s Forefathers

When you strive for historical accuracy and a definitive record in genealogy, the number one thing that easily annoys you is how much genealogy is still based on “great grandma’s stories” and the endless stories that were passed down throughout the organization of the American countryside in the decades following the American Revolution. And why should it not be vital? After all, once families left their homesteads in one part of the country for new territories, stories were all families had to pass on their backgrounds. While these stories captivated listeners and promoted education on a personal and regional level, one must understand and discern the stories with a “critical comb” if the facts are to be taken as tried and true. Some of these lores and legends have glued themselves to history so much as to be taken as true that when people these days use them as genealogical fact, a rift is created by those who take what their families had told them as true versus those who use the legal vital or court record. My ancestral homeland of Grayson County is no different than any other location; regional southwest Virginia genealogist Ginger Ballard shares the frustration of these Grayson stories: PLEASE stop using these myths as fact! What myths are we talking about? Well…

1. The Hanks family of Carroll and Grayson County did not parent Nancy Hanks, mother of President Abraham Lincoln. The Hanks family does descend three generations from the same sibling whose descendants include Nancy Hanks (there has been some excellent research and analyses published on Nancy’s parents and grandparents in the past decade, in fact), but Nancy was NOT from Grayson County.

2. Minitree Jones, one of Grayson County’s forefathers, was NOT related to John Paul Jones, not even his grandfather, James Jones (who would’ve been too old anyway). John Paul Jones, although he did briefly reside on his brother’s plantation near Fredericksburg, Virginia, in the 1770’s, was a Scottish native whose real name was John PAUL. Jones was an addition he added when he (as he stated in a letter to Benjamin Franklin, some time later) sought to escape possible charges for “unnecessary  cruelty” against a fellow sailor, who was apparently viciously flogged by Paul and later died. END this myth, please.

3. How many of the Grayson County descendants are of Cherokee descent? A trace amount of them have any Indian blood, if any, but Cherokee is certainly not one of them. They had moved further to the south by the time of Grayson’s settlement, and if any Indians remained nearby during that time, they weren’t Cherokee.

Some of these other legends that have been passed do not necessarily tie in as much pomposity as these aforementioned three, but their prevailing and socialistic status in the genealogical minds of many has made them a tough feat for those to accept or debunk. One of these that has long continued, even after being disproven, is that of another founding family in Grayson County – the Hail’s, or Hale’s.

Lewis Hale, of Revolutionary War fame, is certainly a name of whom many with Grayson County roots can claim as an ancestor, for his eight children each had large families themselves. He was one of the county’s first magistrates and county leaders, in addition to having had been a modestly prosperous planter, farmer, and landowner. He was old enough by the time Grayson County was created in 1792 that he did not have accompanying family members settle in the region, hence placing his name in relation to other Hale and Hail families of Virginia would seem difficult at first.

The problem is that he had been long identified with the Heale family, first of Lancaster County and later of Fauquier County, Virginia, that his roots with said family seemed definite. And why should they not have? Lewis married Mary Burwell sometime in the late 1760’s, and although her parentage remains in question (it is not entirely certain that she was the daughter of Lewis Burwell and Mary Willis), the Burwell family of Virginia is undoubtedly a name of repute, wealth, and stature. The Burwell’s ties with other leading families of Virginia spread deep, including the prosperous Carters, Willis, Grymes, Randolphs, and Pages, just to name a few. The Heales of Lancaster and Fauquier Counties were fairly well-to-do themselves. George Heale of both counties was a county official in Fauquier County, known as a Gentleman, and held extensive land holdings that were comfortable enough for his 17 children to inherit when he died in 1806. Although his ancestral name was no Robert “King” Carter, William Byrd, or William Randolph, the Heale’s were prosperous landowners and planters themselves in Lancaster County. But George’s wife, Sarah Smith, was wealthy. Her extensive royal ancestry filters down to Augustine Warner, one of tidal Virginia’s largest and wealthiest landowners, and whose descendants include the Lewis family (Meriwether, anyone?), and most of the Washington family members of fame, George Washington being one of them. Queen Elizabeth II is also included in this list. It would seem logical that Lewis Hale would be the eldest son of George and Sarah Heale, if Lewis’ wife belonged to the opulent Burwell family. Yet not…

Lewis was born in November 1742, in Essex County, Virginia (as will be proven later on). We have records that prove the births of George Heale and Sarah Smith as being 8 September 1726 and 28 December 1732, respectively. I have seen genealogists tweak the birth year of Lewis Hale as being in 1746 instead, but that still would have made Sarah just barely a teenager at Lewis’ birth. This also coming from the marriage date of George Heale to Sarah on 20 January 1746 in Lancaster County. If this isn’t enough to convince some people, George Heale’s will in Fauquier County never mentions any heir named Lewis. Although Lewis would have been dead by the time George’s will was probated, even the heirs or estate of Lewis Hale would have likely been recognized in some fashion. George also only lived in Lancaster and Fauquier Counties; we have no documented evidence of Lewis Hale residing in either of those counties (and he certainly would have had to, in order to be tied in with the Heale’s).

So, who were Lewis Hale’s parents?

In the second half of the 18th Century, there are three known Lewis Hail’s (Hale, Heale, Hall in rare instances) in Virginia:

1. Lewis Haile of King and Queen County, Virginia. He was the son of Richard Thomas Haile, and thereby a second cousin of our Lewis Hale. This Lewis Haile resided in the said county for most, if not all, of his life and died there, intestate, in 1805. It is not shown at this time he had any heirs, but my genealogical research has not yet extended into this branch of the Haile’s just yet.

2. Lewis Hail, son of Richard Hail of Bedford County, Virginia. Richard Hail was the older brother of our Lewis Hale, and these Hails resided in adjacency of each other in Bedford County. Richard wrote his will in 1784, naming his son Lewis among a long list of heirs. However, many of these heirs, including Lewis himself, were not of age (meaning aged 21 years) when the will was written, hence we know that this Lewis Hail was not the Lewis who was the Grayson County forefather.

3. Our Lewis Hale, who fits the description of the Lewis “Hail,” the son of Francis and Addara Hail, previously of Essex County, later of Bedford County, Virginia. Biographies of the Hail’s of Essex and Bedford Counties will follow, as well as more about Lewis Hale of Grayson County. Let us start from the Haile’s of Essex County, and work down to Lewis…

CAPT. RICHARD HAILE and MARY, of ESSEX COUNTY

Richard Haile was the first Haile to reside in Essex County. When he resided there, it was the county of Rappahannock, which today is referred to as “Old Rappahannock” to distinguish it from the modern county of the same name in the northern hills of Virginia. The date of his birth is not ascertained, but it can be probably estimated in the 1630’s. He could be the Richard Haile that immigrated to Charles City County in 1638, but evidence is needed to link these two together. The first documented evidence of him is in Warwick County, Virginia, on 17 January 1665, when a deed refers him as bounding that of land sold to Richard Dixon for transporting 5 persons into the colony. By 9 November 1669, Haile was in Rappahannock County, as he witnessed the will of John Cox on that date (it would not be recorded until 10 February 1695, however).

The family information for Richard Haile is sparse at this time, but there are accounts that link him to Nicholas Haile (or Heale) of Lancaster County). The two are probably related, but not enough evidence suggests the link, largely because Nicholas remained in the northern Tidewater most of his life, while Richard resided further to the south. This Richard probably had a son Richard Haile junior, for Henry Awbrey gave a cow unto his godson (Richard Junior), who “was not yet ten years” on 7 March 1671/72 (Essex [Rappahannock] Co, VA, Deed Book 5, p 19). That same year, on 20 October 1672, he was acknowledged as a neighbor and landowner in a deed of Thomas Gouldman and his wife, Alice, to William Dyer (per Rappahannock Co Deed Book 5, pp 101-03).

By consent of his wife, Elizabeth, a Theophilus Whale sold 450 acres of land (probably dowered to Elizabeth by her family, originally) to Richard Haile and Daniell Swillivant on 4 January 1674/75 and 28 September 1674, respectively, all signed off by Governor William Berkeley (Rappahannock Co Deed Book 5, pp 379-80). He later purchased additional land in Rappahannock County from William Acres, on 3 February 1679.

Richard Haile gave his son-in-law Richard Taylor (Tayler) a mare on 17 April 1682, per a deed in Rappahannock Co Deed Book 6, p 163:

“Know all men by these presents That I Richard Haile of the County of Rappa and pish of ffarnham doe hereby ffreely give unto Richard Tayler my Sonn in law a yearling Mare Colt of a dark bay Coulorn branded with two docking Irons mealy mouthed. And a stare in the forehead To have use and Enjoy the said Mare Colt unto the Said Richard Tayler and to his heires & assignes for ever As Witness my hand this 17[?]th day of Aprill 1682”. Signed Richard his 2 mark Haile. Witnesses: Phil: Pendleton, R R, William Bendery. Recorded xx4: dic Aprilis Anno 1682.”

Richard Haile apparently had either a neighborly or business connection (or both) with Henry Awbrey, who was one of Rappahannock County’s leading men at the time, for on 5 February 1684, Haile settled 5,100 acres of land for Awbrey. Haile would purchase 100 acres of this land for himself at a later date that year. On 26 October 1684, Haile patented 720 acres of land along the Rappahannock and Metapong Rivers for the import of 6 persons into Virginia. Haile also sold 100 acres of land to Richard Worsdall, also a planter, for “3,500 pounds tobacco and cask” on 28 March 1685, land that had previously been in the ownership of Thomas Saddler. The deed, found in Rappahannock Co Deed Book 7, p 180, was signed off by his wife, Mary (leaving her mark), with the signatures of witnesses Katharine and Thomas Edmondson. This deed proves the name of his wife, though it is often found in genealogies today that this Richard Haile is confused with the Richard Hale of Massachusetts, also a captain, who married Mary Bullock of Essex County, Massachusetts.

A court order in Rappahannock County shows that a woman, who was apparently already an indentured servant in service under Haile, was bound to Richard Haile for a longer term on 3 June 1691 for bastardy:

“”In regard of the loss and trouble that Capt. Richard Haile hath sustained by his servant Hannah Lambeth in having a bastard child in his service, it is ordered that she serve one year for the same according to Law after her time of Indenture. Munday confest judgement to ye church wardens of S. Farmham Parish (for use of sd. Parish) for five hundred pounds of tobacco: being Hannah Lambeth’s fine for comitting the sin of fornication. It is ordered that Hannah Lambeth serve her master Capt. Richard Haile halfe a year after her time of Indenture or custom is expired in compensation of his paying her fine for committing the sin of fornication.”

On 6 October 1694, Richard purchased 720 acres of land in Essex County, bounded by Thomas Gouldman, the deceased Maj. Robert Beverley, Theophilus Whale, and Daniell Swellivant (Essex Co Deed Book 9, pp 130-31). 450 acres of this land came from Whale and Swellivant, while the other 270 acres were from “overplush” due for the import of 6 negroes into the county.  This import was recorded on 10 September 1694 for import  of “Patrick Bradly, Elinor Corkeley, Andrew, Guy, Anne (the latter three slaves).  “Out of love and affection,” Richard sold these 720 acres of land to his son John on 1 November 1696 (as witnessed by Thomas, James, and Mary Edmondson, in Essex Co Deed Book 9, pp 130-31). This is one of the last mentions of Richard Haile, for on 10 July 1703, when John Haile sold 100 acres of this land (that lay partly in King & Queen Co), his father was referred to as deceased. The other last mention of Haile was on 27 July 1699, when the estate of John Woods listed accounts and debts that were due to several people, including 40 pounds due to Captain Richard Haile, and 60 pounds due to John Haile. Of the signatures acknowledging the debt, Richard’s signature does not appear, but John did sign. Richard was probably in ill health or had died by this time.

No further record has been found of Mary, wife of “Captain” Richard, and it is often seen that John Haile is the “sole surviving heir” of Richard. By 1703, this was probably true, for no record has ever revealed the name of the daughter who married Richard Tayler, and no record has found out what happened to the Richard Haile, Junior, who received the cow in 1672.

JOHN HAILE and wife MARY, of ESSEX COUNTY

John Haile kept a busy life as a well-to-do planter in Essex County throughout his lifetime. As the only surviving son of his father, Richard, he inherited all of his father’s extensive land holdings within inland Essex and King & Queen Counties. Some of the first entries of John, however, were not until after 1700, by which John was at least in his mid-20’s. One of the first entries is when John Haile sold 100 acres of land to John Loveing, for 2,000 pounds of tobacco on 10 July 1703, starting out as follows (Essex Co Deed & Wills, Book 11, pp 29-31):

“To all Exparince popell to whom these Presents shall com I John Haille of the County of Essex son and hare of Cap’t Richard Haille Deceased send greeting…”

The land sold to Loveing was in King & Queen County, part of a greater tract of land that “granted to my Father Cap’t Richard Haill lying part in King and Queen Co and part in Essex Co, Boundries begin at a marked Whight oak standing upon a branch side that Iesweth out of Bevarley run that cometh out of Mattaponey river, adjoining portobago path…”

This deed was witnessed by James and Joseph Edmondson and recorded on the same day, on 10 July 1703 (Beverley Fleet, Essex Co Records, 1703-06, p 6). In 1704, John Haile paid a Quit Rent on 900 acres of land. Haile was one of the four appraisers of the estate of Simon Cobnall (Copnall), which was recorded in Essex County on 9 March 1706, with James Fullerton, John Meador, and John Gatewood also signing (Beverley Fleet, VA Colonial Abstracts, Vol 1, p 127; Essex Co Will Book, p 191). Haile sold 252 acres of land on Beverly’s Run on 10 June 1708 to Adam Denning. The deed again states that Haile was the only son and heir of Richard Haile, and that John’s wife, Mary, relinquished her dower.

He witnessed two deeds for land sales that Robert Richardson of South Farnham Parish sold to Henry Shackelford, the first being on 13 September 1711, along with William Allen, and the second being on 19 December 1711, with Jonathan (Jno) Pickett (which was recorded on 12 June 1712) (Beverley Fleet, Essex Co Wills & Deeds, 1711-14, p 22). Haile also served as witness to the will of John Prise, which was dated 27 November 1709, the original witnesses being Thomas Harper, John Haile, Nicholas Berrey, and Margarett Hopson. It was probated on 9 April 1713, with Haile signing his own name, along with James Fullerton and John Ball (Fleet, Essex Co Wills & Deeds, 1711-14, p 44). Haile would later sign off the probate of the will of James Fullerton on 13 May 1714, along with James’ widow, Sarah, James Griffing (who was also Executor), Jonathan (Jno) Pickett, and William Picket (Fleet, Essex Co Wills & Deeds, 1711-14, p 85).

John appears in the court orders of Essex County from the meeting minutes of 22 March 1716, when “Upon the Attachment obtained by Henry Boughan agst the Estate of Richard Sharp the order for an Appraisement of certain perticulars [sic] in the hands of the Plt & one John Haile is continued till next Court.” This motion was continued through the court session of 23 May 1717 and 17 July 1717, but does not appear to have been resolved (Essex Co Order Book No. 5, 1716-18; Sparacio, Order Book Abstracts of Essex Co, 1716-23, Pt 1, pp 11, 29, 46).

Haile served as witness to the will of Benjamin Fisher of South Farnham Parish, which was dated on 16 April 1716, along with Benjamin Morris, Thomas Bryan, and Richard Jones. He was not present at the probation of the will, however, for the June term of Essex County Court (Fleet, Essex Co Wills & Deeds, 1714-17, p 73; Essex Co Will Book 9, p 580). In that July, however, he was one of the three appraisers of the estate of “Gibsons Estate for faruson” (Ferguson), recorded 17 July 1716, along with Henry Shackelford and Henry Boughn (Fleet, Essex Co Wills & Deeds, 1714-17, p 78; Essex Co Will Book 9, p 615). John Haile also witnessed the will of Richard Dudley on 10 December 1716, along with John Billups and George Thompson (Fleet, VA Colonial Abstracts, Vol 1, p 202; Essex Co Wills & Deeds, p 79). Per the order book minutes dated 16 July 1717, it was “Ordered that Erasmus Allen, John Gatewood, James Grifin & John Haile, or any three of them [being first sworn before a Justice of peace for this County] appraise Estate of Richard Dudley deced & make return of their proceedings to next Court” (Sparacio, Order Book Abstracts, Pt 1, p 43).

In the minutes of 1718 and 1719, it appears that an assignee of John named Samuel Clayton brought suit against two families for debt payments, starting on 16 July 1718. On that date, “Joseph Reeves and Susanna his Wife & Samll Waggoner & Christianna his Wife, Admrs of Richd Price deced, the Defts, on mocon have oyer…” (Sparacio, Order Book Abstracts, Pt 1, p 100; Essex Co Order Book 5, p 145), which was continued through August sessions. On 19 November 1718, Clayton was granted the judgment for “Three hundred pounds of Tobo & costs out of Estate of sd Richard (Price) when assets come to Defts hands after all former Judgments satisfyed” (Sparacio, Order Book Abstracts, Pt 2- Order Book No 5, 1718-20, p 25). On 16 December 1718, John testified by oath for the power of attorney of John Wood and Elizabeth Meade to James Boughan (Sparacio, Pt 2, pp 32-33).

On 18 June 1719, “John Hail by John Bates his attorney confessed Judgmt to Robt Elliot for Three hundred pounds of tobacco Convt. Its therefore considered sd Elliot have and recover of sd Hail ye like Quantity wth an attorneys fee and costs.” (Sparacio, Pt 2, p 80).

The order books show that on 19 July 1720, “Edward Searle appear’d and confess’d Judgmt to John Hale in Debt for Four pounds and ten pence, It is therefore ordered sd Searle pay sd Hale ye same with one attorneys fee & costs” (Sparacio, Order Book Abstracts of Essex Co, VA, Pt 3: Order Book 5, 1720-21, p 27). The following month, it was “Ordered that David Scot, John Haile, John Gatewood and James Griffin or any three of them, being first sworn before a Justice of peace for this County, appraise the Estate of Erasmus Allen deced & return their proceedings therein to next Court” (Sparacio, Pt 3, p 32).

On 20 June 1721, Haile and Richard Brown served as witnesses for John Edmondson against Thomas Franks, who was “brought before this Court on suspicion for feloniously taking a saddle & saddle cloth from off John Edmondson’s Mare and the Court having examined the said Franks & ye Evidences, and the Saddle & Saddle Cloth being produced, It is ordered that the Sherif take the said Thomas Franks to ye County Whipping Post & there give him the said Thomas twenty five lashes well laid on his bare back, and also ordered that the said Thomas Franks remain in Custody of the Sherif till he gives bond with security in the sum of Twenty pounds Currt money for his good behavior and that he be then discharged paying all costs” (Sparacio, Pt 3, p 94).

John served as one of the witnesses of the last Will and Testament of William Covington when it was brought to court for probation on 18 July 1721. George Newbell and William Covington, Jr, also served as the subscribing witnesses (Sparacio, Pt 3, p 102). On 15 May 1722, Haile, John Gatewood, Thomas “Sthreshly,” Jr, and Charles Waller were ordered by the Essex County court to appraise the estate of Alexander How. On July 17th of the same year, Haile was again ordered by the court, along with Henry Shackleford, John (Jno) Allen, and William Allen, to appraise the estate of Edward Faulkner (Sparacio, Order Book Abstracts, Pt 4, pp 30, 52; Essex Co Order Book 5, pp 649, 678).

On 19 February 1722/23, John Haile brought suit against Samuel Edmondson and Philip Stockdell, the executors of the estate of Andrew McCalpin, apparently over a debt owed from the estate. This is likely because Robert Payne also brought up suit against the two executors for Debt on the same day. Edmondson and Stockdell were granted a continuance through the following session in Haile’s case, which took place on 20 March 1722/23. However, they failed to “answer the Suit of Robert Payne,” therefore “order is granted Deft for one thousand pounds of Tobo as in case of Nihil Dicit returnable to next Court for Judgment.” (Sparacio, Pt 4, pp 103, 118)

On 20 April 1724, John sold part of his land holdings in a deed recorded in Deed Book 18 (Sparacio, Deed Abstracts of Essex Co, VA, 1724-28, Book 18, p 12):

“This indenture made the 19/20th day of April 1724 Between John Haile of ye Parish of Sofarnham & County of Essex & John Edmondson of aforesd Parish and County Witnesseth that the said John Haile for sum of one thousand six hundred pounds of good Tobacco and Cask by these presents doth grant unto the said John Edmondson and to his heirs a Divident of Land being part thereof in County of Essex and part in County of King & Queen upon the branches of Mattapany and the branches of ye head of Hoskins Creek containing 100 acres bounded Beginning at a corner joining upon William Holt from thence by the line of Jonathan Hailes to a corner by Tho Bournes line from thence by the Line of Tho Bournes to a corner by Richard Holts from thence by the line of Richard Holts to a corner in Adam Denhams line and along the said line to ye place it first began the said Land being part of a tract of 700 acres formerly belonging to said John Hailes To Hold unto said John Edmondson with appurtenances And also to another part or Divident of the said former tract of seven hundred acres containing 200 acres being formerly in dispute between James Boughan deceased and aforesaid John Haile…
Sign’d in presence of us
Richard Dudley, Peter Dudley                        John Haile    Mary (her mark) Haile

At a Court held for Essex County the 20th day of April 1725
This Lease & Release indented admitted to record
Also the same day Came into Court Mary Haile Wife of John Haile & freely relinquish’d her right of Dower according to the tennour of the within written Deed which is admitted to record.”

John Haile further divided his father’s original land patent in 1742, divising the land to three of his sons, John, Thomas, and Benjamin (Essex Co Deed Book 22, pp 404-08). On 17 August 1744, John wrote his will, and it was later probated on 16 October 1744 in Essex County. His children named were Francis, John, Thomas, Benjamin, Mary Edmondson, and Susanna Allen. His widow, Mary, and his son John were appointed the executors of the will (Essex Co Will Book 7, pp 214-15). William Tyler and John Ferguson served as the securities, entering a bond of 1,000 pounds sterling. Mary and John Haile handled the settling of the estate (per Essex Co Will Book 7, pp 216-17), with the inventory and appraisal made by John Ferguson, James Allen, and William Dix on 16 October 1744:

“He owned 2 cows and calves, 2 cows and yearlings, 2 barren cows, a stear, bull and yearling, a parcell of hoggs, 9 sheep, 1 horse and saddle, a horse collar and 12 geese.
Four feather beds and furniture, a large table, a large trunk, an oval table, a small trunk, 2 old leather chairs, 6 rush chairs, 2 old rush chairs, an old chest, a safe, a spinning wheel, an old table, a parcell of pots, 3 trays, a fflask [sic], a parcell of cups, 2 looking glass, 3 towels, 2 table cloaths, one sheet, 3 3/4 yards Kersey, 13 1/2 yards of cotton, 1 pr of irons, 2 parcell of old books, a large Bible, another book, 2 pr wool cards, a pair of spoon molds, one old pr of money scales, a grayter, a parcell of knives and forks, a parcell of earthenware, a cannister, a funnel, salt seller, pepper box, 2 candlesticks, a pewter cup, mustard pot, 2 Tankard, crewet, a porrenger, razor, old lock, tin pan, 1 pr of stillards, tin kettle, 16 spoons, 6 quart bottles, pocket bottle, 6 deep plates, 10 shallow plates, 2 old plates, a large bason, 4 old basons, an old bason, 2 old dishes, one large dish, 4 dishes, spice morter and pestle, 2 skillets, 1 spit and ladle, 1 pr of flesh forks, 1 skimer and iron rack, 48 pounds of pot iron, old brass kettle, 3 old water pales, an old frying pan, a bell, 4 old bells, a chamber pot, a large straw basket, a parcell of peas, 4 juggs, 6 sides of taned [sic] leather, 1 small still, 1/2 bushell, a hammer, a frow, a grubing hoe, 2 old casks, barrils of corn, bushells wheat, Iron pestle, pr cart wheels, 16 1/2 lb of pot iron, 40 lbs pot iron, one old mash tub, broad hoe, 4 narrow axes, 4 old broad hoes, a saw, an old hoe, 1 box old iron, parcell iron, Two Negroes named Sam and Tom, 2 Negro women named Phelice and Sary (Essex Co Will Book 7, pp 226-29).

On the 20 November 1744 the inventory and appraisement of the estate of John Haile, dec’d was returned by John Haile and Mary Haile, his executors and ordered to be recorded” (Essex County Will Book 7, p 229).

In an extensive attempt to prove more information about John’s wife Mary, there has been little at this time to verify the claim she was “Mary Fullerton.” There appeared to be some circumstantial evidence that the claim was supported by the fact John’s name appears with James Fullerton in the aforementioned Simon Cobnall deed in 1706, and that John Haile was part of the probate of James Fullerton’s estate. However, an analysis on the two known James Fullerton’s from this time period shed different light on that fact (the analysis of the Fullerton’s has been brought to light by genealogist Jean Suddarth):

The eldest James Fullerton of (the former) Rappahannock County, Virginia, left a will which was proven on 3 May 1678. In it, he named a daughter Mary Fullerton, who became the wife of Samuel Griffin. This is attested by the following deed (found in Old Rappahannock Co, VA Deeds, Vol 8, 1688-92, p 159) :

Know all men by these presents that I Samll. Griffin and Mary my Wife of county of Rappa. in Virginia, Ship Wright, for and in consideration of fifteen pounds Sterling already in hand received have sold unto James Fullerton of the aforesd County his heirs Two hundred acres of land being in the aforesaid County it being part of the land formerly belonging to James Fullerton and by the sd Fullertons Will given unto sd Mary Griffin, Daughter of the aforesd Fullerton, which two hundred ares of land I the sd Samll Griffin do bind myself my heirs unto the aforesd James Fullerton Jr. his heirs in the just sum of One hundred pounds Sterling to warrant the sd land from the claim of all manner of persons that may lay any clame and likewise to acknowledge this Deed in Rappa Court with my Wife when ever required by the aforesd Fullerton his heirs To the true performance of the same I bind myself my heirs unto the aforesd Fullerton junr. his heirs and assigns. As witness our hands and seales this 4th day of June 1690.
Samll. (his mark) Griffin
Mary Griffin

Teste James Baughan
Richard Covington
Recognitr in Cur Comt Rappa 4 die Junii 1690

This Mary (Fullerton) Griffin appears to have died prior to the execution of her husband’s will in Essex Co, VA, on 12 August 1698 (and probated 10 September 1698), as her name, nor any mention of a wife, is listed in the will (see Essex Co, VA Deed & Will Book, 1695-1699, pp 232-33). Furthermore, the said James Fullerton also named a son of the same name, James Fullerton, who was named executor of the elder James’ will. When the elder James died in 1678, his son was not of the legal age (i.e. 21 years), and therefore he was named a co-executor of the will until he reached that age with Thomas Gaines, as follows (referenced from the elder James Fullerton’s will of March 1677/78, Old Rappahannock Co, VA Deeds & Wills, 1677-82, pp 83-87):

Eightly I make my well beloved friend, Thomas Gaines, my Executor till my Sonne, James attaine ye age of Sixteene yeares & then I appoint Thomas Gaines & my sonne James, Joynt Executors till my sonne James attaine ye yeares of one & twenty & then I appointe my sonne James, ye sole executor of this my last will and testament.

The younger James Fullerton was still not of the legal age in 1685, when a deed was executed with his co-executor Thomas Gaines, as follows (Old Rappahannock Co, VA Deeds, 1686-88, pp 270-71):

To all to whom these presents shall come Wee Tho: Gaines and James Fullerton of the county of Rappa: send Greeting in our Lord God everlasting. Now know yee that wee the aforesd Thomas Gaines and James Fullerton for diverse good causes but more especially for the consideration of two thousand pounds of merchantable tobacco and cask and six pounds Sterling to us paid by Stephen Benbridge of the County aforesd. by these presents have sold unto the aforesd Benbridge his heires forever all our right and Estate we have unto a parcell of land lying on the North side of Piscataway Creek being the land James Fullerton Senr. formerly lived on bounding by an Oake Swamp the land of Robert Young, Morris and the Creek To have and to hold the aforesd. parcell of land with all profits and priviledges whatsoever with all woods and waters in as ample manner as any land is held within this Collony engaging ourselves our heires that the sd Benbridge his heires forever to peaceably and quietly use and enjoy every part of the aforesd prcell of land without any hindrance of any persons that shall lay claime thereof and do further engage ourselves to acknowledge this our act and deed in Rappa: County Court to the aforesd. Stephen Benbridge at any time thereunto required In Testimony of the truth have hereunto put our hands and seals this 24th day of November One thousand Six hundred Eighty and five and in the first yeare of the Reigne of james the second &c.

Thomas Gaines
James Fullerton

Signed sealed and delivered in the presents of
John Waters
Recognitr. in Cur Com Rappa: 6 die 8bris 186 et record xx4 die

In 1745, Mary Haile of Essex Co, VA, gave a deposition in a court case of James Taylor of King & Queen Co, VA. Given that she attested her age at being 67 years of age, she is most likely the Mary Haile, wife of our John Haile of this generation:

Mary Hail of Essex Co and about 67 years being interrogated no the part of the defendant is she knew James Taylor the Elder and John and Robert Powell his grandsons, answered she did. Being asked which died first, answered she lived very near to Robert Powell father of John and Robert. On Friday she was at Robert Powell’s house when a letter came that Mrs. Powell’s father James Taylor was very sick and desired to see her. The said children appeared to be well. Mrs. Powell intended to go down on Sunday to see him but that morning her youngest child was taken sick and prevented her. Her son Robert was taken sick about 10 oclok and her son John was taken sick about 2 o’clock the same day. One of the children died that night, another on Monday night and were all buried on Tuesday. The deponent was at their burial and a letter came there, the purport of which this deponent understood was that James Taylor was dead and that Mrs. Powell was desired to go down to this funeral, but this deponent did not read the letter nor does she remember she heard her say James Taylor was dead, only that Mrs. Powell on receipt of the letter cried and said Oh Lord, have I lost my children and my father too. Being asked if she saw Mrs. Mary Stone at the burial of the children, says she does not remember she saw any woman there except Margaret Pruet. The deponent went away from the burial before night, carried the defendant James Powell, who was then a child, home with her to take care of him while Mrs. Powell his mother went down to her father’s. At that time Robert Powell had no child living but one sone James. James Taylor and Robert Powell lived about 22 miles distant from each other.
Wit: Robert Farish
George Hoomes
Thomas Johnson

To all Xpian People to whome these presents shall come, I James Taylor of County of King & Queen send Greeting. Know ye that I the said James Taylor for divers good causes and valuable considerations me thereunto moveing and for divers good causes and valuable considerations me thereunto moving, and especially for and in consideration that the Inhabitants of the Parish of South Farnham in the County of Essex doe erect and build a Church on the land hereon menconced, doe give & confirm unto Capt. Edward Thomas and Mr. Edmond Pagett, Church Wardens of the said Parrish and for the behoofe proper use and benefit of the Parrish:ners of the sd Parrish abovesd, and to their heires successively for ever, Two acres and fifty perches of land situate being on the South West side of a Creeke known by the name of Hoskins Creeke  & neare and adjoyning to the Kings Highway, beginning at a small red oake sapling standing at the head of a branch on the Western side of a Road leadeth to Capt. Richard Hails by a corner Hickory in John Evans line, running thence South twenty pole to a corner red Oake on a levell, thence South seaventy six degrees East twenty pole to a stake by a branch side by a spring, thence North seventeen pole to a red Oake sapling on the Western side of the said Hailes Road in Evans his line aforesd. thence along the sd Evans line to the place it began: To have and to hold the sd. Two acres & fifty perches of land unto the sd. Capt. Edward Thomas and Mr. Edmond Pagett, Church Wardens of the abovesd. Parish to and for the behoofe proper use and benefit of the Parish:ners of the abovesd. Parish of South Farnham & to their heires successively forever, with all profits and appurtenances thereunto belonging: the said Parishiners yeilding and paying therefore yearly unto the King his heires & Succoessors such rents and services as shall thereupon accure dew which said land and premisses I the said James Taylor doe by the presents for myselfe and my heires promise to warrant and defend against all persons whatsoever that shall lay any claime thereunto by from or under me my heires or assignes, and doe further promise to acknowledge this Deed in the County Court of Essex upon reasonable request. In Witness whereof I have hereunto set my hand and Seale this ninth day of Septembr: 1693
Wit: Thomas Edmundson
Mary Edmundson
James Taylor

As Mary would have been born in about 1678, she would not be a daughter of the James Fullerton’s of Rappahannock/Essex Counties of Virginia. Additional research at this time has failed to produce her maiden name, but a deeper study into the neighboring families of the Hailes could warrant success in identifying this mystery.

FRANCIS HAILE and ADARA MEADOR, of ESSEX & BEDFORD COUNTIES

The details regarding Francis Haile are not too clear at this time, but we know that he spent the first half of his life in Essex County, where his line of the Haile’s derived from. Because Francis Hail(e) was not a common name in the Tidewater at that time, we are fairly certain that mentions of the name are that of this Francis. The earliest mention in 1734, when he attended and made a purchase at an estate sale in Essex County, also helps assign an approximate birth year for him, the youngest which would be in 1713.

After his father’s will was probated in 1744, Francis probably moved his family from Essex County to Caroline County. We say probably because documentary evidence of his westward migration can only be ascertained by mentions of his name in counties, as opposed to by deeds. Caroline County is a burnt county in Virginia, and little by means of deeds survives there, hence the documented length of the Hail’s in Caroline County is unknown. However, his brother John Hail also moved there, as a deed in Essex County shows John selling his land off. A deed to Moses Penn in 1754 was acknowledged by both Francis and Adara Hail in Caroline County. In 1765, Francis was exempted from paying a tithe in Caroline County, probably due to either being old or infirm. It was shortly thereafter that Francis appears in Bedford County, though no deed has been found for his exact arrival there.

Francis’ will was written on 5 December 1775 in Bedford County, signing his name with the old spelling of his name “Ffrancis”: (Bedford Co, VA Will Book 1, p 371)

“…unto my wife, Adara, all my personal and real estate during her life and after her decease to be equally divided, except two beds, amongst my eight children. Richard, Stephen, Lewis, Elizabeth, Mary, Ruth, Ushely, and Mourning. It is my will and desire that my son Lewis Haile shall have one bed that I made use of for my own lodging. And my daughter, Mary one good or next best bed with the furniture. Note my will is that they shall have and equal sheare [sic] of all besides such as money or whatsoever else as I appoint Stephen Haile and Lewis Haile my whole and sole executors of this my last will and Testament and if my son Richard does not take in his bonds for 75 pounds the other for 8 pounds by paying the money or other Sattiesfaction my above executors is to take the matter and collect and distribute according to this my last will and Testament.
Ffrancis Haile

Witnesses: Jonathan Pratt
George Bowles
Barnabas Arther

This will was probated in Bedford County 28 August 1780, proven by the oaths of George Bowles and Barnabas Arthur. Stephan Haile one of the executors made oath thereto certificate is granted him for obtaining probate. He gave security as did Barnabas Arthur and Jame Ayers in the penalty of 40 Thousand pounds for the faithful administration of the said decedents estate. Liberty being reservd the other Exor, named in said will to join in the probate thereof when he shall think fit.
J Steptoe, Clk.”

His estate was inventoried and appraised on 27 September 1780, with it being recorded in Bedford County court on 23 October 1780 (Bedford Co, VA Will Book 1, pp 376-77):

“Inventory of the Estate of Ffrancis Hale, dec’d

To Negro Harry – 4,000 pounds. Nett {neat} cattle, 19 Hogs, a horse, 4 old barrells, 6 water vesals, a slay, 2 falling axes, old iron tools, 2 old chests, a table and 4 chears [sic], one fether [sic] bed and furniture, one bedsted and cord, 2 old spinning wheals, old books, 2 sifters, case of old knives and forks, puter, crockery ware, 2 smoothing irons, one tin quart, pepper box, 2 potts, a skillet. To cash in hand [no total given].
This day we have praised the above articles of Ffrancis Haile’s estate, 27 September 1780:
John Chiles    Parmenas Haynes        James Greer

At a Court held for Bedford County 23 October 1780, the inventory of appaisement of the estate of Ffrancis Haile deceased was returned to Court and ordered to be recorded.
J Steptoe, Clk.”

His wife is linked to be that of Adara (or Addra) Meador, daughter of Richard Meador and Anne Moss of Essex County, through a combination of the rarity of her name Adara (which was a family name) as well as an analysis on the relationship between the Hailes, Meadors, and other allied families of the Tidewater region (and their subsequent removal to central Virginia during this time). This family name derives from her great-grandmother, Addra White, grandmother to Adara’s father, Richard. More will be published on the Meador’s of Essex County in another article. No record proves what happened to Adara Haile after the death of her husband at this time.

LEWIS HALE, of GRAYSON COUNTY

It is probable that Lewis Hale was born in Essex County, before his father moved to central Virginia, but at the same time, Lewis may have been born in Caroline County. The whereabouts of his father after 1740 are not clear at this time, hence the uncertainty in Lewis’ birthplace. Lewis’s whereabouts are not set in stone for his marriage, which is known to be that of Mary Burwell, of Gloucester County. He first appears, however, in Bedford County in 1771, when he first appeared with a group of male tithables clearing a road in his neighborhood (Bedford Co. Order Book 4, p 64). He also was granted pay for attending the August Court Term in Bedford County for nine days, in which he served as a witness and as a juror (Bedford Co Order Book 3, pp 725, 792).

Hale’s stay in Bedford County was not for long, for in January 1773, he purchased 130 acres of land in Pittsylvania County, along the Staunton (Roanoke) River, near the mouth of the Blackwater River. This land is currently at the southern end of the Smith Mountain Lake, and in Franklin County, mostly underwater today. Lewis paid 47 pounds, 10 shillings for the acreage; the deed was recorded on 22 January 1773 (Pittsylvania Co. Deed Book 3, pp 326-29). That land became Henry County initially, when it was created in 1777, hence the residence of Hale was Henry County during the American Revolution (in 1785, it would become Franklin County, where it is now). On 13 September 1777, Hale took the Oath of Allegiance for Henry County (per VA Magazine of Biography & History, vol. 9, p 139), one of the services for which Hale has been recognized as a patriot for Virginia.

On 15 February 1778, Lewis Hale sold 30 acres of his 130 acres to William Burdett, of Pittsylvania County, for 50 pounds. This parcel of Hale’s tract was on the southside of the Staunton River, at the mouth of the Blackwater River (Pittsylvania Co Deed Book 4, pp 464-65). The following year, the rest of his 100 acre plantation was sold on 10 October 1779 to Robert Cowan, of Bedford County, for 200 pounds. This deed was also signed by Lewis’ wife, Mary. The rest of this plantation began at “Smith’s Line” and ran down the Blackwater (river) until it ran into the Staunton (Roanoke) River (Pittsylvania Co Deed Book 5, pp 293-94). The deed was recorded on 19 October 1779, and was witnessed by Jeremiah Stone and William Burdock.

After Lewis sold his Henry County farm, he moved to what is now Grayson County, then being Montgomery County. By family lore (because we don’t always have the hard-to-find facts on their daily lives!!), Hale and his family were headed westward for Kentucky when they ran into issues with Indians as they neared Tennessee. Because of the trouble, the family settled into the Elk Creek Valley, then still a part of Montgomery County. Here, Hale served in the American Revolution, serving in the militia district of Captain Walter Crockett, which was attached to Campbell’s Regiment. It is believed that Hale served at Kings Mountain and Guilford Courthouse, but these need proving at this time. His military service in the closing years of the American Revolution, though, are without dispute.

The 1782 Property Tax List shows Hale residing in Montgomery County. In the years 1787 to 1790, there were 3 males under 21 years in his home, 5 horses (6 horses in 1790), and 11 cattle for which he paid taxes. On 26 September 1786, Hale was appointed a Gentleman Justice of the Montgomery County Court (Summers, Annals of Southwest Virginia, p. 815), although evidence suggests that his civil services with Montgomery County date earlier, to the late 1770s.

On 29 April 1790, a survey was made on 100 acres of land on Peach Bottom Creek and Elk Creek near the New River, on the north side of Point Lookout Mountain, which Lewis Hale purchased (Virginia State Library Arcives, Grants 37, p 510). This land lies along current US Highway 21, in between the Elk Creek community and Longs Gap. Later, on 15 October 1793, Hale purchased an additional 156 acres of land for 50 pounds along Indian Creek, a tributary of Elk Creek, from Richard and Elizabeth Hale in Grayson County (Grayson Co Deed Book 1, p 7).

The 1793 Personal Property Tax List for Wythe County shows 3 men being charged for taxes, along with 6 horses.

Hale purchased an additional 20 acres of land on the north side of Elk Creek in Grayson County from Jeremiah Stone, for 10 pounds, on 21 January 1796 (Grayson Co Deed Book 1, p 442). Later, George Holland sold Lewis 100 acres of land on Elk Creek for 40 pounds (Grayson Co Deed Book 1, p 123).

Lewis Hale purchased 400 acres of land along both sides of Elk Creek in Grayson County on 7 June 1800 for $1,000. He had this land surveyed originally on 6 January 1798, with the property being bound by Jesse MacKemy, Stephen Goast, and George Ellor. The land was originally owned by James and Sarah Newell of Wytheville (Grayson Co Survey Book, p 90, Grayson Co Deed Book 1, p 322). Lewis and his wife Mary also sold land during this time: he sold the 100 acres he owned along Peach Bottom Creek (that he purchased in 1790) to William Long for 16 pounds (Grayson Co Deed Book 1, p 163). He and Mary also sold the 156 acres of land he purchased in 1793 along Indian Creek to their son William Hale for 100 pounds (Grayson Co Deed Book 1, p 209). By the time of Hale’s death, he had purchased 776 acres in Grayson County, of which 256 he had sold off. When his will was probated, his children received, among them, 675 acres of land, although some 155 acres of land went unaccounted for (which was not uncommon, for surveying methods were not always the most accurate in frontier lands).

Lewis also served as a Gentleman Justice of the Grayson County Court, being appointed on 28 November 1792 by Governor Henry Lee (Calendar of VA State Papers, vol 6, p 183). He was present when the first court of Grayson County was held on William Bourne’s property on 21 May 1793, with the oath of allegiance to the Commonwealth administered by Flower Swift.

Hale did not leave a will, and died intestate on 12 March 1802, probably suggesting that Hale died from a swift and quick illness or condition. His estate was, thereby, settled by partition of which his widow and Jeremiah Stone took care of; the Hale estate was inventoried and appraised by Jeremiah Stone, Peter Catron, and Martin Dickenson on 3 April 1802. The inventory consisted of (per Grayson Co Will Book 1, pp 14-16):

“25 head of hogs, 16 head of sheep, 5 head of horses, 14 head of cattle, 1 pr sheep shears, 6 geese, 5 turkeys.
One saddle, bridle, saddle bags and horse whip, 5 bells, 3 collars, one Negro boy David.
Four beds and furniture, 2 tables, a churn, a looking glass, candlestick, a chest, 9 chairs, one loom and tackling, pair fire dogs, Riddler’s one cotton wheel, one flax wheel, 2 pair cards.
Punch bowl, 6 earthen plates, 6 cups and saucers, one teapot, tea kettle, 7 tin cups, 1 quart cup, 2 glasses, pepper box, pan handle, 2 bottles, spice morter, 14 knives, 17 forks, 2 potts, 1 oven, 3 skillets, 2 pr hooks, 2 potaracks, tongs and shovel, a slate, 4 books, a funnel, an inkstand, 5 pewter dishes, 9 plates, 2 dishes, 6 plates, 2 basons, 3 other basons, one pair Steelyard.
A jack, one box iron, 2 small kegs, 1 hogshead with salt, 1 tub with feathers, 4 piggins, 1 fat tub, hone, razor, one Rifle gun and shot bag, a pair compasses, 2 hammers, pr pinchers, 4 ploughs, 1 lock chain, shovel, pitchfork, swingletree, jointer, crows, roundshave, smoothing plain, 2 augers, 2 chizzels, hand saw and file, 2 hackles, frow and wedge, 4 axes, 5 hoes, 1 scythe and cradle, a scythe, collar, 2 blind bridles, wagon, hind gears, a grindstone, cutting knife and bar, corn bucket and trough, 4 raw hides, hogshead, a tub and half bushel.

We have appraised the personal estate of Lewis Hail deceased as shown to us. An inventory of which is hereto annexed amounting in the whole to nine hundred ninety six dollars, thirty two cents. Given under our hands this 3rd day of April 1802.

Administrators            Appraisers
Richard Hail            Jeremiah Stone Sr
William Hail            Peter Catron
Martin Dickenson
Grayson April Court 1802: This appraisement of the estate of Lewis Hail, dec’d was returned to Court and ordered to be recorded.
Teste M. Dickenson DC.”

Of his proven children, they include:

1. Richard Hale, undoubtedly the eldest son, who married Elizabeth Stone.

2. William Hale, likely his first son born in Bedford County (as we can prove at this time), who married Lucy Stone. They had at least 8 children.

3. Dudley Hale, who served in the War of 1812 and was killed in action at Norfolk in 1815, married Mary (sometimes seen as “Nancy”) Burroughs, and had at least 11 children.

4. Francis Hale, who married Elizabeth Burrows (or Burris), known to be sister of Mary Burroughs above, and had at least 7 children, possibly more.

5. Elizabeth Hale, who first married Thomas Burroughs, and secondly Thomas Snow. She had at least 6 children by her second husband.

6. Lewis Hale, Jr, who followed in his father’s civil services in Grayson County, married Elizabeth Bourne, daughter of another founding family of Grayson County, and had 14 children.

7. Mary Hale, of whom very little is known of. Some have stated she married a John Hale in Wythe County (which would probably be too young to be her), while others have said she married James Atkins. Both merit deeper research.

8. Stephen Hale, the youngest son and child, who married Frances Bourne, sister of Elizabeth above. Per their son William B. Hail’s biographical record, Stephen and Frances had 11 children who all grew to maturity.

 

Sources (other than those cited in the context above):

• Research of Jean Suddarth on the Fullerton-Haile connection cited in disproving Mary Haile, wife of John Haile, as being a Mary Fullerton, April 2015. Further questions and inquiries on this research can be directed to her at histree@att.net.