22. Richard ROBERTS was born about 1762 in Louisa Co, VA.172,173 He served in the military Rev. War - member of 7th Division in 1782 in Louisa Co, VA.174,175,176,177,178 He appeared in the census in 1785 in , Albemarle, VA.179,180 181 Albemarle County VA Tax Rolls, FHL Roll: 2024443
For tax year 1787, Richard Roberts is added on at the bottom of the list on the last date, May 11. He shows no assessment and no taxable property. The categories are: #white males over 16 under 21; blacks over 16; blacks under 16; horses; cattle; chariot wheels; phaeton wheels; chair wheels; ordinary licenses; stud horses. [Couple] posted marriage banns on 10 January 1788 in , Albemarle, VA.182,183,184 On 10 December 1792 Richard acquired 97 acres from William & Ann Trice in Louisa Co, VA185 This Indenture made this 10th day of December in the year lord one thousand Seven hundred and ninety two Between William Trice & Ann his Wife of Louisa County the one part Richards(sic) Roberts of thesd County aforesaid of Other part Witnesseth that thesd William Trice & Ann his Wife Ann in Consideration of the sum of Sixty pounds Current Money of Virginia to them in and paid by thesd Richards Roberts have given granted bargained Sold Aliened and Confirmed and by these presents doth give grant bargained sell alien and Confirm Unto thesd Richards Roberts and his heirs and assigns forever one Certain tract or parcel of Land lying and being in the County of Louisa on the Branches of Duckinghole Creek Containing ninty(sic) Seven acres and is bounded as follows to Wit, begining(sic) at a Corner White Oak in Pauletts line thence North Eighty five degrees East one hundred & Thirty poles to a Corner red oak in Williams Trice Senr line thence north five degrees East one hundred and five poles to A Corner Stump near the Creek thence South Eighty degrees West one hundred and thirty four poles to a Corner Small pine and black jack in Pauletts line thence South Eighty Six degrees West one hundred and twell(sic?) poles to the first
Station To have and to hold thesd tract or parcel of Land With all and Every of its Appertenances thereunto belonging or in any manner appertaining to him thesd Richards Roberts to the only use and behoof of him thesd Richards Roberts his heirs and assigns forever and thesd William Trice & Ann his Wife doth by these presents and agree to and with thesd Richards Roberts that they will Warrant and forever defend the right and Title of the aforesaid tract or parcel of Land and every of its appertanances in fee Simple unto thesd Richards Roberts his heirs and assigns forever free and clear from the claim or demand of them thesd William Trice & Ann his Wife and their heirs Extors or of any other person or person Whatever In Testimony Whereof thesd William Trice and Ann his Wife have hereunto Set their hands & Affixed their Seals the day and year above Written William Trice (Seal)
Signed Seald & Delivd Ann Trice (Seal)
In presence of At a Court held for Louisa County December 10th 1792
this Deed was this day in open Court Acknowledged by William Trice and Ann his Wife to be their Act & Deed thesd Ann being previously Examined relinquished her right of dower and by the Court is Ordered to be Recorded 186,187 He owned From Joseph D Smith - 78 1/2 and 75 acres on Priddy's Creek on 1 December 1802 in , Albemarle, VA.188 This Indenture made this first day of December the year of our eighteen hundred and two Between Joseph D Smith and Nancy his wife of the one part and Richard Roberts of the other part Witnesseth that the said Joseph D Smith and Nancy his wife for and in consideration of the sum of three hundred pounds to them in hand paid the rec. whereof they do hereby acknowledge hath bargained sold aliened Enfeoffed and confirmed and by these presents doth bargain sell alien enfeoff & confirm unto the sd Richard Roberts two certain tracts or parcels of land lying an being in the County of Albemarle on the waters of Priddy Creek the one containing seventy eight & a half acres surveyed february the 25th 1790 to Nancy Greening one of the Co-Heirs of Robert Greening decd and bounded as followeth (to wit) Beginning at Pointers on Thomas Douglass's line thence North eighty five degrees west one hundred and twenty poles to pointers on Edward Broaddus's line thence North thirteen degrees East one hundred and twenty five poles to a white oak thence south sixty three degrees East one hundred and twenty poles to a pine thence south ??? & a half degrees west seventy five poles to the Beginning. The other containing Seventy five acres Surveyed to Robert Greening one of the co heirs of Robert Greening decd and bounded as followeth to wit Beginning at the white oak cornering with James Geening and Sally Greening thence south thirteen degrees west one hundred and twenty nine poles to Pointers on Edward Broaddus's line thence North eighty five degrees West Ninety degrees East ninety seven poles to the Beginning with its appurtenances To have and to hold the said tracts or parcels of land be the same more or less according to the bounds aforesaid with their appurtenances unto the sd Richard Roberts his heirs & assigns to his and their only proper use and benefit forever and the said Joseph D Smith and Nancy his wife for themselves their Exors administrators and assigns do the covenant Grant promise and Agree to arrant and defend the title of the aforesd tracts or parcels of land against themselves their Exeor admtors & assigns and all other persons whatsoever unto the said Richard Roberts his heirs & assigns forever In Witness whereof the sd Joseph D Smith and Nancy his wife hath hereunto set their hands & affixed their seals the day & year above Written
Signed Sealed & delivered John D Smith (Seal)
In presence of Nancy Smith (Seal)
At a Court held for Albemarle County the 6th day of December 1802
This Indenture was produced into Court and acknowledged by Joseph D Smith party thereto & ordered to be recorded. John Nicholas Clerk He sold 97 1/2 acres to Nathan Smith at on John Gillum's line in Louisa Co, VA on 12 October 1807.189 Deed Book L, page 59
Louisa County Records
This Indenture made this Twelfth day of October eighteen hundred and seven between Richard Roberts and Elizabeth his wife of Louisa County of the one part and Nathan Smith of the said county of the other part Witnesseth that the said Richard Roberts for and in consideration of the sum of Two hundred and Forty pounds current money of Virginia to him in hand paid before the sealing and delivery of these presents the receipt thereof is hereby acknowledged hath granted, bargained, sold, and delivered and doth by these presents grant, bargain, sell and deliver unto the said Nathan Smith
his heirs and assigns one certain Tract or parcel of Land containing by estimation ninety seven and a half acres to the same more or less situate lying and being in the county of Louisa and bounded as follows to wit Beginning on the road on John Gillums line runing thence on said Gillum line on the east to a corner stump, thence on Hugh Goodwins line on the north to a certain corner, thence along the said Goodwins and John Vests line on the West to a corner on Lasley Arnetts, thence along Arnetts line on the South to the beginning To have and to hold the said tract or parcel land and premises unto the said Nathan Smith his heirs and assign forever and the said Richard Roberts will warrant and forever defend the same Witness whereof the said Roberts hath hereunto set his hand and seal the day and year first above written
Signed sealed and delivered in presence of Richard Roberts(Seal)
Elizabeth Roberts (Seal)
At a Court held for Louisa County on the 12th day of October 1807 this deed was this day in open Court acknowledged by Richard Roberts and Elizabeth his wife to be their act and deed (the said Elizabeth having been previously examined relinquished her right of dower) and by the court
Ordered to be recorded. Teste John Poindexter Clk Richard owned From Elisha D Gillum - 150 acres on 7 March 1808 at on Crutcher's and Duntham's lines in , Albemarle, VA.190 This Indenture made this 7th day of March in the year of our Lord 1808 Between Elisha D Gillum & Lucy his wife of the County of Albemarle of the one part and Richard Roberts of the same County of the other Part. Witnesseth that the said Elisha D Gillum & Lucy his wife for and in consideration of the sum of four hundred and twenty seven pounds ten shillings Virginia currency, to them in had paid the recpt,; whereof they do hereby acknowledge hath hereby these presents doth grant bargain sell assign alien enfeoff and confirm unto the said Richard Roberts his heirs and assigns forever a certain tract or parcel of land lying and being in the County aforesaid containing one hundred & fifty acres more or less and bounded as Followeth Viz. Beginning at a walnut tree in Wm Dunthams line thence on said line sixty six & half degrees East Two hundred & eighty four poles to a Corner white Chestnut on the side of the mountain thence South thirty seven degrees West hundred & ten poles to pointers on Crutchers line thence North fifty six & quarter west two hundred & sixty poles to a corner locust. Thence North twenty degrees sixty seven poles to the beginning with its appurtenances to have & to hold the said tract or parcel of Land with its appurtenances to the said Richard Roberts his heirs and assigns to his & their only proper use and benefit for ever and the said Elisha D Gillum & Lucy his wife for themselves their Extrs Admrs & assigns Covenant grant, promise & agree to warrant & defend the title of the aforesaid tract or parcel of land against themselves their extors admtrs & assigns and all other persons whatsoever unto the sd Richard Roberts his heirs & assigns for ever. Witness whereof the said Elisha D Gillum & Lucy his wife hath hereunto set their hands & seals the day & year first above written,
Signed sealed & Acknowledged Elisha D Gillum
In the presence of Lucy Gillum
Joseph D Smith At Albemarle June Court 1808
John Thomas This Indenture of bargain and sale was produced in
Thomas D Carr Court and ackd by Elisha D Gillum and Lucy his
Wife she being first previlly(?) examined As the law directs & Ordered to be recorded 191 All years were checked thoroughly - no reference to Richard Roberts appears again until:
For tax year 1809, Edward Warren is mentioned with the name of Richard Roberts on the Albemarle County list of persons "owning taxable property" - including 2 Free White Males, 4 slaves over 16, 4 horses, and 1 slave between 12 & 16. 192 193 Richard Roberts is appointed surveyor or the road from Charlottesville to John Dunkums as the room of Coleman Crutcher with the usual ??? to keep the same in good repair He owned Devisees of R Roberts pay off mortgage for 34 1/2 acres on 19 April 1810 at Preties Creek in Albemarle Co, VA.194 Deed Book 18, p 87-9
This Indenture made this nineteenths day of April in the year of our Lord One thousand Eight hundred and ten between James Harford of Bristol in the Kingdom of great Britain by Micajah Crew his attorney in fact
of the County of Hanover and State of Virginia of the first part and James Roberts and Elizabeth Warren Devisees of Richard Roberts of the County of Albemarle and state aforesaid of the second part Wherein Roger Dixon now deceased in his life time to wit on the 22nd day of May in the year of our
Lord One thousand Seven Hundred and Sixty five by his certain indenture of a mortgage, and among other things grant bargain and sell for the consideration therein proposed and the said James Harford a certain tract or
parcel of Land Situate Lying and being in the county of Albemarle on the waters of Preties creek only the said Indenture of the mortgage now of record in the general Court of this Commonwealth will more fully and
at large appear, and whereas the said James Roberts and Elizabeth Warren devisees of Richard Roberts are now in the possession of thirty four and a half acres of the said land, and which by a survey thereof lately made is bounded as follows Beginning at three red oaks in James Douglass’s
line and running north eighty eight degrees West forty six poles to a red oak on a path in Samuel Munday’s line thence along the path eighty six poles to red oak in said Munday’s line, thence South Sixty three degrees East eighty eight poles to a small Hickory in Douglasses line thence south Twenty five degrees West One hundred & ten poles to the beginning. under contract from the said Mager(?) Dixon deceased or some person claiming under him and which is directed to be sold by a decree of the Court of the United States for the fifth Circuit court Virginia district in a suit now depending in the same court between the said James Harford as plaintiff and Magir Dixon son and heir of the said Majer Dixon deceased and others defendants unless the money in the same decree mentioned was paid to the said James Harford or his agent and whereas the said Richard Roberts hath agreed to pay to the said Harfod by his said Attorney in fact the sum of thirty six pounds Seventeen Shillings and five pence being the proportion of the money decreed to be paid for the thirty four and a half acres land including interest and (costs) costs upon a release being executed to him for so much
of the said Interest of Mortgage; now This Indenture Witnesseth that the said James Harford by the said Micajah Crew his attorney in fact for and in consideration of the said Sum of Thirty Six pounds Seventeen Shillings & five pence current money to him in hand paid by the same James Roberts & Elizabeth Warren devisees of Richard Roberts at or before the ensealing and delivery of these presents the receipt whereof is hereby acknowledged
hath released revised and forever quit claim and by these presents doth release, remise and forever quit claim unto the said James Roberts & Elizabeth Warren devisees of Richard Roberts and their heirs all his the said James Harford right title interest claim and demesne of in and to the said thirty four and a half acres contained in the boundaries above described under the Indenture of Mortgage aforesaid together with all and Singular the appurtenances thereto belonging or in any wise appertaining and the reversion and reversion, remainder, and remainders rents issues and
profits thereof and of every part and parcel thereof To have and to hold the said land and premises With all and Singular the appurtenances to them
The said James Roberts & Elizabeth Warren devisees of Richard Roberts their heirs and assigns freed and discharges from the said Indenture of Mortgage aforesaid To the only proper use and behoof of their the said James Roberts and Elizabeth Warren devisees of Richard Roberts their heirs and assigns forever In Witness whereof the send James Harford by the said Micajah Crew his attorney in fact as aforesaid hath hereunto set his hand and seal this day and year first above written.
Signed Seal and delivered Micajah Crew Attorney
In presence of in fact for James Harford
Chas L Thomas
The words “James Roberts & Elizabeth Warren devisees interlined
in six places in the foregoing Deed was done before the Signing
sealing & Delivery thereof.
At a Court held for Albemarle County the 6th of May
1811 This Indenture of Bargain and
Sale was produced unto court and proved by the oath of
Charles L Thomas a witness thereto and continued for firsthand
proof And at a court held for said county the -?- day of July 1812
It was again produced into court and fully proved by
The oaths of John Coles and Nimrod Bramham two other witnesses thereto and ordered to be recorded
Teste John Nicholas He signed a will on 28 April 1810 in , Albemarle, VA.195,196 In the name of god Amen I Richard Roberts of the County of Albemarle and State of Virginia being in my right mind for which together with all other blessings which surrounds me I return my most sincere thanks to the author of my existance do make ordain and Declare this instrument to be my last will and Testament revoking all others Impremise all my Just in the first place are to be punctually paid and the legatees and Dower Estate here after bequeathed are to be discharged as soon as circumstances will permit, Item To my dearly beloved wife Elizabeth Roberts I lend for life the tract of land I purchased of Joseph Bishop , Nanny a woman Elly a Gil, Snelson a Boy, Walter a Boy, and July a Girl together with such part of my stock of every description and household and Kitchen Furniture as she may think fit, Item I give and bequeath to my son James and Elizabeth Warren the tract of land I purchased of Joseph D Smith to them and their heirs forever, Item I give and bequeath to my daughters Patsy and Lindsay and my son John Morris the tract of land I purchased of John Gillum decd to be by my Exrs sold and the money arising therefrom to be Equally divided among them as they may respectively become of age or Marry Item, I give and bequeath at the Death of my wife the tract of land I Loaned her to my sons Jeremiah & Frederick to them and their heirs forever Item It is my will that the tract of land Given to my son James and Elizabeth Warren my Daughter and the tract of land directed to be sold by my Executors and the money arising therefrom divided among my Children, Patsey Lindsay and John as the respectively become of age or Marry as aforesaid be valued by Menoah Clarkson, Nimrod Bramham and Benajah Gentry and the deficiency in that Case that either child may fall short of being equal to the other to be made up at the death of my wife Item I will that Collins a Negro man be sold and the money arising from the sale of him should it not be wanted to discharge my debts to applied by my Exrs to the purchase another Negro which Negro I also lend to my wife for life Item It is my will that at the Death of my wife all such part of the Dower Estate as has not been heretofore disposed of be Equally divided among the whole of my Children, Lastly I constitute John Watson, LM, and my son James Exrs of this will and Testament In Witness of all and of each of the things herein contained I have set my hand and seal this twenty eighth day of april in the year of our lord Eighteen hundred and ten..
Nathan Goodman Richard Roberts (Seal)
At a superior Court held for the County of Albemarle the seventh day of May 1810
This last will and testament of Richard Roberts deceased was proven by the oath of Nathan Goodman John Byrd and John Gillum three of the witnesses thereto and by the Court ordered to be recorded and on the motion of John Watson, L..M., and James Roberts executors therein named certificate is granted them for obtaining a probate in due form of law and this giving bond and security, whereupon they give bond and Security and qualified accordingly.
John Carr Clerk Richard died after 28 April 1810 at the age of 48 in , Albemarle, VA.197 He had his estate probated on 7 May 1810 in Albemarle Co, VA.198,199 At a superior Court held for the County of Albemarle the seventh day of May 1810
This last will and testament of Richard Roberts deceased was proven by the oath of Nathan Goodman John Byrd and John Gillum three of the witnesses thereto and by the Court ordered to be recorded and on the motion of John Watson, L..M., and James Roberts executors therein named certificate is granted them for obtaining a probate in due form of law and this giving bond and security, whereupon they give bond and Security and qualified accordingly. He owned From Joseph Bishop - 126 and three quarters acres on 5 September 1810 in , Albemarle, VA.200 This Indenture made this fifth day of September in the year of our lord one thousand eight hundred and ten Between Joseph Bishop and Jane his wife of the County of Albemarle of the one part and Richard Roberts of the same County of the other part Witnesseth that the sd Joseph Bishop and Jane his wife for and in consideration of the sum of Three hundred fifty two pounds ten shillings to them in hand paid the rect whereof they do hereby acknowledge Hath and by these presents doth Grant, Bargain, sell, assign, alien, enfeoff and confirm unto the sd Richard Roberts his heirs and assigns forever, a certain tract or parcel of land situate lying and being in the County aforesd containing one hundred and twenty six and three quarter acres and Bounded to wit, Beginning at a locust adjoining Jno Duncan running thence thirty one and a half degrees East forty three and a half poles to a site where it is proposed to plant a Locust thence along sd Jno Duncan nineteen degrees East one hundred and twenty nine and a half poles (to a) Walnut corner on sd Roberts and Wm Duncan thence along ?? North sixty three degrees west one hundred and five and three (quarter) Poles to pointers on Triplett T Estes thence on Joseph Brand seven degrees West one hundred and eighty poles to Pointers on sd Duncan and sd Brand thence south sixtey eight degrees East one hundred and a half poles to the Beginning with its appurtenances to have the said tract or parcel of Land with its appurtenances unto the said Roberts his heirs and assigns to his and their only proper use and benefit forever and the sd Joseph Bishop and his wife for themselves their Extrs admrs and assigns doth covenant, grant promise and agree to warrant and defend the title of the aforesd Richard Roberts his Heirs and assigns In Witness whereof the sd Joseph Bishop and Jane his wife have set their hands and affixed their seals the day and year first written.
Signed sealed and del Joseph Bishop (Seal)
In Presents of Jane Bishop (Seal)
E D Gillum
John Watson, L M
Charles E Rice
At a Court held for Albemarle County 1 July 1811 This Indenture of bargain and sale between Joseph Bishop and Jane his wife of the one part and Richard Roberts of the other was produced into Court and acknowledged by the said Joseph Bishop and Jane his wife she being first privily examined as the Court directs and ordered to be recorded. Teste
[Gillum witnesses are Richard's brothers-in-law - brothers of Elizabeth Gillum Roberts] Richard sold To Mathew Watson - 150 acres from estate in Albemarle Co, VA on 18 December 1810.201 This Indenture made this eighteenth day of December in the year of our lord eighteen hundred and ten Betheen (sic) John Watson L M James Roberts Exrs of Richd Roberts decd and Mathew Watson all of the county of Albemarle Witnesseth that the said John Watson LM and James Roberts
Exrs aforesaid for and in consideration of the sum of eight hundred and ten dollars to them in hand paid by the said Mathew Watson in receipt is hereby acknowledged hath bargained and sold to the said Mathew Watson one tract of land belonging to said estate containing one hundred and fifty acres and lying in aforesaid County which tract is bounded as follows Beginning at a walnut tree in Wm Duncans ?? thence on said line S 66 ½ E 284 p to a corner oak and Chesnut on the side of the mountain thence S 37 W 100 poles to pointers in Crutchers ?? thence North 57 ¼ degrees W 260 poles ??
corner Locust thence N 20 E 67 poles to the beginning (sic) with all its appurtenances to have and to hold said tract of land unto the said Matthew Watson his heirs and assigns forever and the said John Watson LM and James Roberts Exrs aforesaid hereby warrants the same against the claim of all persons whatsoever unto the said Mathew Watson his heirs and assigns forever. In Witness whereof the sd John and James Exrs aforesaid hath hereunto set their hands and affixed their seals the day and year first written.
James Roberts (seal)
At a court a court held for Albemarle County 7 Jan 1811
This Indenture of bargain and sale was produced into court and acknowledged by John Watson and James Roberts Exrs of Richard Roberts decd ??? thereto and ordered to be recorded.
Test John Nicholas
(Some words (??) were obscured and cannot be read accurately.) He had his estate probated on 25 July 1836 in Charlottesville, Albemarle Co, VA.202 Albemarle County Court
Will Book 12, pp 287-289
Being called on by Richard Roberts decd as expressed in his will of Record in the Circuit Court of Albemarle bearing date the 18th day of April 1810 to value two tracts of land therein expressed (viz) the tract given to James Roberts and Elizabeth Warren and the Tract given to be sold by his Exors to Patsy Lindsay & John Morris do give it as our opinions that the former is worth twenty two shillings & six pence per acre the latter thirty shillings per acre – so that according to sd will there will be at the death of the widow seventy eight pounds fifteen shillings to be deducted out of the Dower Estate & equally distributed among Patsy Lindsay & John Morris before a general division of sd Dower Estate can take place – Given under our hands this first day of Sept. eighteen hundred & ten.
Benajah X Gentry
Menoah X Clarkson
Nimrod X Bramham
We the undersigned commissioners agreeably to the annexed order proceeded to examine the accounts of John Watson executor of Richard Roberts decd & find that all the items are established by probate vouchers and that a balance of fouty four dollars and seventy three cents is in favor of the said Watson – We moreover find that agreeably to the will of Richard Roberts and the annexed award of Nimrod Bramham, Menoah Clarkson and Benajah Gentry that Lindy(sic), John & Patsy Legatees of said deceased will be entitled to eighty seven dollars and fifty cents each to come out of the dowry estate at the death of the widow before a division of the dowry estate can take place among the several children of the said deceased – Given under our hands this the 25th day of July eighteen hundred and thirty six
Albemarle County To Wit:
Drury Wood, David Carr and John Carr made oath before me this day that they had settled the accounts of John Watson, LM, Exr of Richard Roberts decd to the best of their skill & judgment – Given under my hand this 3rd day of Oct 1836
William A Bibb JP
At a Court held for Albemarle County 3 October 1836
This Report of the settlement of the accounts of John Watson (LM) Executor of Richard Roberts decd was returned & ordered to lie for exceptions – And at a Court held for said County on the 2nd January 1837 – The said Report having been heretofore returned, & no exceptions filed thereto, the same is ordered to be recorded Teste, Ira Garrett CC He had his estate probated on 7 November 1853 at Final distribution of estate aft death of Elizabeth in Albemarle Co, VA.203 To the County Court of Albemarle in Chancery setting – the Bill of complaint of Frederick Roberts respectfully represents,
That, many years past, the father of your orator, Richard Roberts, departed this life, having first made and published his last will and testament which, on the 7th of May, 1810, was duly proved in and admitted to record in the Superior Court of Albemarle. A copy of said will is herewith exhibited as a part of this Bill, marked A.
Among other provisions therein, the testator, by the second clause thereof, devised and bequeathed to his wife, Elizabeth Roberts, for life a tract of land, the following slaves, to wit, Nanny, Elly, Snelson, Walker & Judy –
together with such part of his stock of every description, & household & kitchen furniture as she might think fit to take.
By the 5th clause of said will, the testator gives, after the death of his wife, the above tract of land to your orator & his brother Jeremiah, two of the testator’s sons.
And by the eighth clause of said will, the testator, after the death of his wife, gives the slaves & the perishable property, bequeathed to his wife for life, equally to be divided among the whole of his children – who, at the death of the testator were seven in number; to wit, James D. Elizabeth, Malinda, Martha, John M. Jeremiah & your Orator -
Mrs. Elizabeth Roberts, the widow of the testator died in the month of September last – and at her death, James D. Roberts was dead, having left the following children & grand children, to wit, Richard, John, Martha, James, Jeremiah, Malinda, Elizabeth and Sarah – of whom Elizabeth has died unmarried – Sarah intermarried with Erasmus Walton – she & her husband are both dead, leaving three infant children, to wit, Sarah, George and Elizabeth –
Elizabeth Roberts has intermarried with Edward L Warren – Malinda with Thomas Warren, and Martha with Thomas C. Yates. Jno. M. Roberts intermarried with Bethenia Shelton – he died without child; but leaving his
Wife pregnant; who, after the death of the said John M. Roberts, gave birth to a child. This posthumous child lived but a short time, and died, leaving its mother surviving it; who thereafter intermarried with E. R. Harris; & he & his wife reside in the State of North Carolina. Jeremiah Roberts resides in the State of Missouri –
During the lifetime of Mrs Elizabeth Roberts, she made, among all her children, the remainder men. in said slaves an equal & satisfactory division of a part of the slaves & their increase held by her as aforesaid - & at her death there remained, for division, among the parties entitled, a portion of said slaves & their increase, to wit, Snelson, Ann, Henry, Susan, Little Nelson and Jesse. It will be evident, as your Orator alleges (that a proper & just division) among the parties entitled, cannot be made, in kind, of said slaves – some being entitled to one sixth, some to one seventh of a sixth - & some to one third of such seventh. In consideration, therefore, of the premises, as your orator is remediless therein except in a Court of Equity, he prays, that the said Richard, John, Martha, Malinda, James & Jeremiah Roberts, children of the said James D Roberts decd the said Elizabeth, Sarah & George Walton,
infant children of Sarah & Erasmus Walton, Edward L. Warren and Elizabeth, his wife, Thomas Warren & Malinda, his wife, Thomas C. Yates & Martha his wife, E. R. Harris and Bethenia, his wife, and Jeremiah Roberts be made defendants to this your orator’s Bill – that, as the said Jeremiah Roberts & E. R. Harris & wife are nonresidents of this Commonwealth, the usual order of publication be awarded against them, citing them to appear & answer
this Bill – that a guardian ad litem be appointed to the infant defendants, Elizabeth, Sarah & George Walton to defend their interests herein – that the Court would decree of a sale of the said slaves, now remaining for division among the parties aforesaid, upon such terms as to the Court may seem just & proper; and a distribution of the proceeds of such sale, after deducting
the costs & charges of this suit & of such sale, among the parties legally entitled thereto – and will grant unto your Orator all such necessary, proper & general relief in the premises as his case may need, and as equity shall authorise – Your Orator ought sooner to have stated, that the perishable property left for life to the said Elizabeth Roberts, by the said will, was, years past, wholly consumed in the use thereof by the tenant for life –
Set a subpoena ??? &c –
Albemarle County to wit,
Frederick Roberts came before me, a justice of the peace for said
county, & made Oath, that Jeremiah Roberts & E. R. Harris & wife are,
as affiant verily believes, non-residents of the State of
of Virginia – Given under my hand this 7th day of Nov: 1853.
Thos L Farish J P
The answer of Elizabeth, Sara & George Walton infant children of Erasmus & Sarah Walton decd by Ira Garrett their guardian ad litem to the Bill of Complaint of Frederick Roberts exhibited in the County Court of Albemarle against these defendants & others –
These defts. Saving all just exceptions to said Bill, for answer thereto, answer & say, that they are infants, incapable of protecting or defending their interests in the premises, and, consequently, submit themselves & their
interests herein to the care & protection of the court.
and further they answer not –
Ira Garrett Gn ad litem
The answer of Richard, John, Martha, Malinda, James and Jeremiah Roberts, children of James D. Roberts, decd of Edward L. Warren & Elizabeth, his wife, Thomas Warren & Malinda, his wife, Thomas C. Yates and Martha his wife (E. R. Harris & B. P. Harris, his wife) & Jeremiah Roberts to the Bill of Complaint of Frederick Roberts exhibited against these defendants in the County Court of Albemarle –
These defendants, for answer to said Bill, answer & say, that they have no objection to the prayer of said Bill; deeming the same necessary & proper, they unite therein, & ask that the decree sought by said Bill may be made – and further they answer not.
I hereby authorise and request V. W. Southall to file the foregoing answer; acting as I am for the parties in whose name the same is file –
Dec:1853 Frederick Roberts Richard has reference number 524. Family records constantly refer to him as Richard MORRIS Roberts - probably referring to the assumption that he is the son of Morris who died in 1760. However, I have found nothing to support that assumption, nor have I found a single original document that refers to him as Richard Morris Roberts. However, I have found him repeatedly referred to as Richard Roberds. That is the name on him marriage bond and the name used in early tax records. It is also the name found for a Morris Roberds and Jeremiah Roberds in Louisa County during the latter half of the 1700's. That is where I now believe Richard came from and that the latter persons are his family. However, I cannot prove that either.
For tax year 1810, Richard Roberts is listed as a person owning taxable property - including 1 Free White Male, 2 slaves over 16, 1 slave between 12 & 16, and 3 horses. He was taxed $1.68.
Collected information from John O. Roberts IV - email received 12/8/04:
"I did find a copy of the will of Richard in 1810, notes on his Revolutionary connection (very little) and a DAR ancestral chart with the family names written in ink from about 1924. The one piece of paper says that information was on the Eighth Annual Report of the State Library Board, Revolutionary Soldiers p 376 - it then lists Richard Roberts with the following which is not too clear (Albemarle) Rcd (?) Acct (?) 1780,294. Also on another piece of paper is "Company is Nov. 1778. It shows is was (word unclear) of the 2nd Virginia Regiment commanded by Col. Christian Fiberger. This is at the top of a piece of paper and the previous sheet is not there."
Investigation of the 2nd VA Regiment website shows no evidence of a Richard Roberts. However, Col. Christian Febiger is referred to during the time noted. Additional research is necessary to confirm this.
Richard ROBERTS and Elizabeth Dickerson "Betsey" GILLUM were married after 10 January 1788 in Albemarle Co, VA.204 They204 appeared in the census in 1800 in Louisa Co, VA.205 2 Males under 10 - John Morris
1 Male 10 - 16 - James D
1 Male 26-45 - Richard
3 Females under 10 - Elizabeth, Martha and Malinda
1 Female 26-45 - Elizabeth
Unborn sons: Jeremiah (1803) and Frederick (1808)
2 Slaves Elizabeth Dickerson "Betsey" GILLUM was born about 1771 in , Albemarle, VA.206,207,208 She appeared in the census in 1810 in St Ann's Parish, Albemarle, VA.209 210 She appeared in the census in 1820 in St Ann's Parish, Albemarle, VA.211 In 1837 in Charlottesville, Albemarle, VA Elizabeth sued John E Gilmore for payment of debt212 On 17 October 1838 in Charlottesville, Albemarle Co, VA Court orders payment to Elizabeth by Gilmore.213 Betsey appeared in the census in 1840 in St Ann's Parish, Albemarle, VA.214 She appeared in the census in 1850 in , Albemarle, VA.215 She died on 10 September 1853 at the age of 82 in , Albemarle, VA.208,216 Betsey has reference number 525. In her father's will, John Gillum left his daughter "Betsey" Roberts one negro woman named Nancy and her children and Lewis, also forty five fpounds which I lent her husband to her and her heirs forever. 7 Aug 1809
For tax year 1811, listed as 'Elizabeth Roberts and son' in the Albemarle County tax documents as a person "owning taxable property" including one Free White Male, 1 slave above 16, 1 slave between 12 & 16, and three horses. She was taxed $1.24.