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Note: James Jones Waggener was probably born in Spotsylvania County, Virginia. His father James Herbert Waggener had moved there before 1750, and met and married his mother Ann Jones there. It is not known where exactly in Spotsylvania County they lived. James Jones Waggener's parents had moved to Culpeper County by 1771. It is not known when exactly they moved, but probably James Jones was a boy under 10 years old when they did. It is believed that his parent's estate in Culpeper County, where presumably he spent the rest of his youth, was near the town of Rapidan on the Rapidan River. This was apparently adjacent to the Garnett family estate, known as "The Horseshoe Farm," which is where his wife Elizabeth Garnett likely was born and almost certainly grew up on. James Jones Waggener presumably met and married Elizabeth somewhere around this area of Culpeper County. My best guess on the marriage date is about 1782. Two of James' brothers, John and Thomas, later married two of Elizabeth's sisters, Sarah and Mary. James and Elizabeth lived and apparently raised their children nearby in Culpeper County. James is on every available Personal Property Tax List in Culpeper from before his marriage until 1820. These records give an interesting although somewhat limited picture of the economic status, as well as the ups and downs, of James and Elizabeth. In about 1820-21, James and Elizabeth, moved to Todd County, Kentucky. They are listed in Culpeper County on the Federal Census of 1820, but this is the last year that James is listed there on the Personal Property List. All of James' brothers, and many of both his and Elizabeth's close relatives moved to Kentucky. Generally speaking, they seem to have scattered and settled in different areas. James' oldest brother Richard was the first to go, moving first to Scott County in about 1785, and then relocating to Barren County in about 1795. His younger brothers Herbert (and his wife, Elizabeth's 1st cousin Elizabeth Nancy Willis) and John (and his wife, Elizabeth's sister Sarah) seem to have moved in pretty close conjunction to Adair County in about 1805. There was apparently a large group that made that same move to Adair County at that time, that also included James' uncle Reuben Waggener, and Elizabeth's aunt and uncle Elizabeth (Garnett) and William Willis. James' brother Thomas (and his wife, Elizabeth's sister Mary) is reported to have moved to Christian County in about 1816. A number of other Garnetts, also moved to Kentucky in this general time period. Elizabeth's brother Oliver reportedly moved to Cumberland County in about 1815, and was then joined there in about 1824 by their 88 year old father Robert. It is not clear why James and Elizabeth remained in Virginia, after so many of their close relatives had left to Kentucky, or why after staying for so long, they finally did move in about 1820. They apparently moved and settled in the area of Todd County, Kentucky, because a number of their children were there. These include their sons Stokeley Towles Waggener and Robert Garnett Waggener, as well as their daughters Polly Menefee (and her husband Robert Menefee) and Frances Kay (and her husband Gabriel Kay). Also, they would have been relatively close to their siblings Thomas and Mary (Garnett) Waggener, who as mentioned moved to adjacent Christian County in 1816; and to their daughter Sarah Kay and her husband James Kay, who reportedly moved to Christian County in 1817. Frances Kay and her husband Gabriel were apparently the first to move to the Todd/ Chistian Counties area, in about 1815. I believe it is possible that it was the death of Frances' husband Gabriel in 1818, that may well have precipitated James and Elizabeth to leave Cuplpeper County for Todd County. James and Elizabeth's son Stokely Towles Waggener was later well established in Todd County, and lived there as a sort of family patriarchal figure for many years. He would have been about 21 years old in 1820, about the time he made the move. Their youngest daughter, Eliza would have still been a teenage in 1820, and most certainly would have moved with her parents to Kentucky. Eliza seems to have met and married her husband Thomas Iverson Walker in the area, and they remained there for the rest of their lives. I also know that their son Armistead married his wife Martha Street in 1825 in Todd County, and is listed there in the 1830 census. I believe however, that Armistead initially was in Jefferson County, Kentucky with his brothers James and Reuben. James Jones Waggener lived there in that area less than two years after they had moved to Kentucky. His will was dated July 14, 1821 in Todd County, and was probated there in March of 1822. I believe that Elizabeth lived to about December or 1845, and that she most likely remained in Todd County for the rest of her life. I believe that she probably lived initially with her youngest daughter Eliza, and that she later lived there with Eliza and her husband Thomas I. Walker. Rick Waggener ================= From several sources including Mary Lucetta Waggener and/or Lottie Halberstadt: Three of the Waggener brothers married three Garnett sisters: James Waggener married Elizabeth Garnett, Thomas Waggener married Mary Garnett, and John Waggener married Sarah or Sallie Waggener. Also, the Waggener, Garnett, and Willis families all moved to Kentucky, apparently somewhat together. ================== From Tyler's Quarterly Genealogy of Virginia families: James married Elizabeth Garnett, and in 1820, sold his property in Culpeper County, Virginia and moved to Kentucky. (Culpeper Deed Book "M M", p. 41) ================= From The Library of Virginia webpage (http://www.lva.lib.va.us/); "Waggoner, James" is listed in Class "no. 3" of the Culpeper County Militia. In a session between October 16, 1780 and January 2, 1781, the State Legislature created "An act for recruiting this state's quota of troops to serve in the Continental Army" [Hening 10:326-327]. This called for each county to supply a specific number of men. The act further called for the county militia to be divided into equal units, or classes, and one man to be chosen by lot to serve 'during the war, or for the term of three years'. If the quota was not thus recruited, one man was to be drafted from each class. Culpeper County was responsible for furnishing 106 men. I do not believe James was so chosen to serve in the army, but he apparently did serve in the militia. It is not indicated what this service in the militia involved. =================== James' date of birth came from: "Bible Records of Waggener Family, Virginia, Kentucky, Iowa, 1747 to 1903." Donated by Sarah Caswell Angell Chapter National Society Daughters of the American Revolution. Sent to me by Crystal Dingler. =================== The following records were provided by Crystal Dingler from the LDS Family Library, Microfilm #2024517, Culpeper County, Virginia: Personal Property Tax Lists (1782-1802). They give what is probably a limited, although interesting picture of the economic status of James (and Elizabeth) in this period. Also interesting is the various ways the name Waggener is spelled by the various county clerks. The quotes show the name as it appears on the various records: ****** On the Personal Property Tax List of Culpeper County for both 1782 and 1783, "Ja. Jones Waggoner" is listed with a John Williams, Jun. This must be a man that he was working for at the time. James would have been 24-25 years old, and he must have married Elizabeth Garnett somewhere around this time. Mr. Williams seems to have considerable property, including 14 and 15 slaves, 11 and 12 horses, and 21 cattle. There is a "James Waggoner" on both lists also, who is presumably his father. ****** From 1787 Culpeper County Personal Property Tax List: "James Jones Waggoner" is listed with 1 white male over 21, 1 black under 16, and 1 horse. James was clearly married at this point, and apparently had his own home. His father is also on the list as "James Waggoner." ****** From 1789 Culpeper Personal Property Tax List: On June 1, "James Waggener" is listed with 1 white male over 21, 1 black under 16, 2 horses, 1 tithable, and he paid taxes of 14 shillings. There is also a listing for his father, "James Waggener Senr." ****** From 1790 Culpeper Personal Property Tax List: "James Waggener" is listed with 1 white male over 21, 1 male black over 16, 2 horses, 2 tithable, and he paid a tax of $0.14. There is another "James Waggener" listed, presumably his father because he has more property. ****** From 1791 Culpeper Personal Property Tax List: "James J. Waggener" is listed with 1 white male over 21, 4 male blacks over 16, 3 horses, 5 tithable,and he paid taxes of $2.60. Obviously his economic status had improved. His father is also on the list as "James Waggener, Senr." ****** From 1793 Culpeper Personal Property Tax List: "James J. Wagener" is listed with 2 white males over 16, 3 black males over 16, 4 horses, 4 tithable, and he paid taxes of $1.80. His father is listed as "James Wagener." ****** From 1794 Culpeper Personal Property Tax List: "James J. Waggoner" is listed with 1 white male over 16, 4 black males over 16, 6 horses, and 5 tithables. His father is listed as "James Waggoner." ****** From 1795 Culpeper Personal Property Tax List: "James J. Waggoner" is listed with 1 white male over 16, 4 black males over 16, 5 horses, and 5 tithables. His father is listed as "James Waggoner." ****** From 1796 Culpeper Personal Property Tax List: "James J. Waggoner" is listed with 1 white male over 16, 4 black males over 16, 3 horses, and 5 tithables. His father is not listed on this or any subsequent lists, which probably has something to do with the fact that the previous year he had conveyed all of his property to his son John. ****** From 1797 Culpeper Personal Property Tax List: "James Wagenor" is listed with 1 white male over 16, 3 black males over 16, 3 horses, and 4 tithables. ****** From 1798 Culpeper Personal Property Tax List: "James Wagener" is listed with 1 white male over 16, 3 black males over 16, 2 horses, 4 tithables, and he paid taxes of $1.23. ****** From 1799 Culpeper Personal Property Tax List: "James Wagener" is listed with 1 white male over 16, 3 black males over 16, 2 horses, 4 tithables, and paid taxes of $1.56. ****** From 1800 Culpeper Personal Property Tax List: "James J. Wagenor" is listed with 1 white male over 16, 4 black males over 16, 5 horses, 5 tithables, and paid taxes of $2.36. ****** From 1801 Culpeper Personal Property Tax List: "James Waggoner" is listed with 1 white male over 16, 4 black males over 16, 3 horses, 5 tithables, and paid taxes of $2.92. ****** From 1802 Culpeper Personal Property Tax List: "James J. Waggenor" is listed with 1 white male over 16, 3 black males over 16, 1 black male under 16, 4 horses, 4 tithable, and paid taxes of $2.24. ================== From Early Virginia Religious Petitions; a website put together by the Library of Congress and the University of Virginia at: http://lcweb2.loc.gov/ammem/repehtml/repehome.html: A petition in Culpeper County, Virginia, dated November 2, 1785 is signed by "Jas. Waggener" and a number of other relatives in that county at that time including his brothers Richard, Herbert Green, and Thomas Waggener. Also Reuben Waggener, William Willis, Anthony Garnett, and quite a few others. In 1784, the House had voted to incorporate the Protestant Episcopal Church, but balked at the question of whether to levy a general tax or assessment, to support ministers of the Christian religion. During the fall session of 1785, ninety petitions were presented, running nearly three to one against the assessment bill. This petition was one of those presented and it supported the Baptist position opposed to the assessment bill. That bill was quickly abandoned, and the "Bill for Establishing Religious Freedom" that Thomas Jefferson had drafted in 1777, passed both the House of Delegates and the Senate to become law early in 1786, thereby ensuring the permanent separation of church and state. (This seems to show that the Waggeners, Garnetts, and Willis families were active in political and community affairs. The signature on this document could actually be James' father, but it is right above his younger brother Herbert's and with his other brothers signatures also there, I thought it must be him. The names of all the Waggeners are clearly spelled "Waggener." - Rick Waggener) ================== From The Culpeper County deed book- pages 483-487: An indenture made the 26th day of February, 1796, between (brothers and brothers-in-law) John Waggener "on the one part" and Richard Waggener of Kentucky, James Jones Waggener of Culpeper, Thomas Waggener of Madison County, Virginia, Herbert Green Waggener of Culpeper, Ambrose Jones (husband to sister Mary) and John White (husband to sister Lucy), both of Madison Co., Virginia, "on the other part." It states that John Waggener is to pay the others 300 pounds for the land which apparently had been the estate of their parents James Herbert and Ann Waggener. The previous year James Herbert had conveyed the property to son John Waggener, who reportedly lived on it with his family. (This appears to be the manner in which they divided the land of their parent's estate See the notes of James Jones' father, James Herbert Waggener for further information on this deal, and the notes of his brother John, for a relatively complete transcript of the indenture. - Rick Waggener) ================= This is the next series of records, the Personal Property Tax Lists of Culpeper County from 1803-1823, were found by Crystal Dingler on the LDS microfilm #2024518. She noted that the microfilm was quite bleached out, and that some years were unreadable or missing altogether. I have also added the 1810 census record, also from Crystal, but not on the microfilm with the other records. ****** From 1803 Culpeper Personal Property Tax List: "James J. Waggoner" is listed with 1 white male; 3 blacks over 16; 1 black 12-16; 4 horses [no carriages, etc or stud horses] 4 tithables; tax: $2.24. ****** From 1804 Culpeper Personal Property Tax List: "James J Waggoner" is listed with 1 white male; 3 blacks over 16; 1 black 12-16; 7 horses [no carriages, etc or stud horses] tax: $4.63 (1805-1807 tax list missing at time of filming; 1808 no tax voted by legislature; 1809-1810 tax list missing at time of filming) ================= From the 1810 Federal Census of Culpeper County, Virginia, from ancestry.com, image #91 of 94: James Waggioner; 2 males under 10 years (probably Stockley and Armistead), 2 males 10-15 years (one is Reuben), 2 males 16-26 years, 1 male over 45 years (James Sr.), 1 female under 10 years (probably Eliza), 1 female over 45 years (Elizabeth); 11 slaves. (I don't completely understand the difference between the 11 slaves listed on this census and the 4 who are listed on the Personal Tax List. Perhaps the females weren't listed on the personal property list, or perhaps there were a number of the slaves who were under the age of 12. Maybe they owned a couple of families. In his will below, he indicates that he had given a female girl slave to his daughters Sarah and Fanny in 1802, and one to his daughter Polly in 1806. James seems to be the only Waggener left in Culpeper County at this point. - Rick Waggener) ================= ****** From 1811 Culpeper Personal Property Tax List: "James Waggener" is listed with 4 white males; 4 blacks over 16; 1 black 12-16; 6 horses [no carriages, etc or stud horses] tax: $2.92 ****** From 1812 Culpeper Personal Property Tax List : "James Wagginor" is listed with 3 white males; 3 blacks over 16; 0 blacks 12-16; 7 horses [no carriages, etc or stud horses] tax: $1.72. ****** From 1813 Culpeper Personal Property Tax List: "James Waggener" is listed with 3 white males; 2 blacks over 16; 2 blacks 12-16; 3 horses [no carriages, etc or stud horses] tax: $2.83. ****** From 1814 Culpeper Personal Property Tax List : "James Waggener" is listed with 2 white males; 3 blacks over 16; 1 black 12-16; 7 horses [no carriages, etc or stud horses] tax: $4.63 The 1815 Culpeper Personal Property Tax List was unreadable. ****** From 1816 Culpeper Personal Property Tax List: "James Waggener" is listed with 1 white male; 3 blacks over 16; 1 black 12-16; 7(?) horses [no carriages, etc or stud horses] tax: $?.14. ****** From 1817 Culpeper Personal Property Tax List: "James Waggener" is listed with 2 white males; 3 blacks over 16; 1 black 12-16; 7 horses [no carriages, etc or stud horses] tax: $4.16. ****** From 1818 Culpeper Personal Property Tax List: "James Waggener" is listed with 1 white male; 3 blacks over 16; 1 black 12-16; 5 horses [no carriages, etc or stud horses] tax: $3.70. ****** From 1819 Culpeper Personal Property Tax List: "James Waggener" is listed with 2 white males; 3 blacks over 16; 0 blacks 12-16; 4 horses [no carriages, etc or stud horses] tax: $2.89. (The 1820 Culpeper Personal Property Tax List was unreadable, and James was not listed on any further lists. - Rick Waggener) =================== There are three records listed below, the exact meaning of which I have not yet deciphered, but which I will list in the hope that I may do so someday. They seem to be in reference to slaves in some way or another, and at least 3 their names on the records are the same; Staf(f)ord, Joe, and Jinn(e)y. The first record, dated only 1804, seems to be regarding some kind of dispute over the slaves. They are listed as being the property of James, which may have been the determination of the suit, or may have just been a factor. The first record is from the Circuit Court records for the City of Fredericksburg, collected by The Records Conservation Project, or RCP, a volunteer project under the auspices of Historic Fredericksburg Foundation, Incorporated. Presumably there is a more complete record of the suit, and they have just listed the basic facts of the case for the purpose of indexing. William Payne is probably James' brother-in-law, married to Averilla Garnett, the sister of his wife Elizabeth.- Rick Waggener District Court Records 1802-1804 STYLE : Waggoner &c vs Twyman jr. PLAINTIFF(s) : James J. Waggoner; William Payne DEFENDANT(s) : William Twyman Jr. PLACES MENTIONED : Culpeper REMARK(s) : Slaves - Stafford; Suck; Joe; Juba; Jinny - prop. of James J. Waggoner CITATION : Waggoner &c vs Twyman jr. / 1804 / CR-DC-V / 566-86 The 2nd record was found in Culpeper County records by Crystal Dingler. I have a copy of the handwritten version, which we have transcribed, but not the identification of the deed book it came from. As noted, at least 3 of the slaves seem to be the same as on the law suit record above. Robert Patton is the same businessman from Fredericksburg, who at about this same time, purchased property in Culpeper County from James' brothers Herbert Green and John. He also apparently sold some property to Herbert Green Waggener in Adair County, Kentucky, shortly thereafter. James' father had died the year before this and his brothers apparently left Culpeper County for Kentucky a short while after this in 1804. This could be connected in some way to those deals, and/or it could be connected to the above law suit. Presumably this deal took place after the above suit, but there is no specific date listed on the suit. In this deed, it appears that James is selling 6 or 7 slaves to Robert Patton, for $403. It seems possible that this is some kind of a loan, with the slaves being used as collateral, since it is mentioned that he can pay back the money with interest by January 1, 1805. It also seems possible that it is something totally different. - Rick Waggener "This deed of Mortgage made this 3rd day of July eighteen hundred and four Between James Waggoner of the County of Culpeper on the one part and Robert Patton & Co. of Fredericksburg of the other part Witnesseth that the said James Waggoner in order to secure the payment of four hundred dollars three to said Robert Patton & Co. and for and in consideration of the full and just sum of one dollar to him in hand paid by the said Robert Patton & Co. the receipt whereof is hereby acknowledged hath bargained and sold and by these presents doth bargain and sell unto the said Robert Patton & Co. their heirs and assigns the following slaves Viz. Staford a man, Rose and Jinney women, Joe, Aaron (or a man), Caleb, and Joshua which said slaves with their future increase of the females the said James Waggener doth warrant and will forever Deferred unto the said Robert Patton & Co. their heirs and assigns never the less in case the said James Waggoner his heirs exors administrators or assigns shall well and truly pay the said Robert Patton & Co. their heirs or assigns the aforesaid sum of four hundred Dollars and Interest on or before the first day of January Eighteen hundred & five then this mortgage to become void and of no Effect as if the same never been executed any things therein contained to the Contrary notwithstanding In Witness whereof the said James Waggoner hath here unto set his hand and seal the day month and year first within written. Acknowledged before James Waggener (Seal) Phil Slaughter Francis Conway" This 3rd record also was found in the same location by Crystal Dingler. It is not complete, but seems to be the proving of the above mortgage. Although I was able to read the record from February 19, 1805, the record from the day before is not readable. It is unknown if the missing record would have shed light on what was really going on. - Rick Waggener ".....for Culpeper County the 18th day of February 1805. This Deed of Mortgage from James Waggoner to Robert Patton was partly proved on the oath of Philip Slaughter one of the witnesses thereto and ordered to be certified and at a Court held for said County the 19th day of Feby 1805 This said Mortgage was fully proved by the Oath of Frances Conway and Witnessed thereto and ordered to be recorded. Teste, John Jameson" ================== From the 1820 Virginia Census of Culpeper County, Virginia, page 103; found at ancestry.com image #37 of 53 : James Waggoner; 1 male 16-18 years, 1 male 16-25 years (these both must be son Armistead), 1 male 45 years and older (James); 1 female 10-15 years (probably Eliza), 1 female 45 years and older (Elizabeth); 4 persons engaged in agriculture; 1 male slave under 14 years, 2 male slave 14-25 years, 2 female slaves under 14 years (This record must be for James Jones Waggener, and it would seem to indicate that he and Elizabeth were still in Culpeper for at least this census. Since he is not on the 1821 personal property tax list, it would seem that the report that they moved to Kentucky in this year may be true. - Rick Waggener) ================= From the Todd County, Kentucky Tax Records, Tax books 1820-1830, 1833-1835, 1837-1839; FHL US/CAN Film (8241) I think James is listed in the following records (it is pretty hard to read the surname clearly): ****** Waggener?, James; 1821, page 55, 2 white males over 21, 3 Blacks over 16, 10 Blacks total, 6 horses, total value- $3,100? (This matches up pretty well with the property tax record the next year in Todd County, for James' wife Elizabeth Waggener, so I am pretty sure this is the correct one. - Rick Waggener) ================ From Todd County, Kentucky Wills, Will Book A, on page 44: I James Waggener Sr of the County of Todd and State of Kentucky, do make and ordain this as my last will and Testament in manner and from following, hereby revoking all former will or wills made by me let these be found wheresoever they may. Item 1st I give and bequeath unto my beloved wife, Elizabeth Waggener, during her life, all the property of every description in my possession at the time of my death, after paying my just debts. Item 2nd Whereas I have given unto my daughters Sarah Kay, Fanny Kay, and Polly Manifee each at the time of marriage, a negro girl. Together with a bed and furniture of the value of Three hundred and forty dollars; and whereas, I have also given unto my son Richard J Waggener, a mare worth fifty dollars, to James Waggener Jr a horse worth thirty dollars, and to Stokeley Waggener a bed and furniture (the sted excepted) worth Thirty Six dollars and it being my wish, that they shall each account for the same at the time of a general division of my estate, it is, therefore my will and desire, at the death of wife, after first allowing my sons Robert, James, Richard, Reuben, Stokely, Armstead and my daughter Eliza Waggener, such a portion of my Estate as will make their property equal in value with the legacies heretofore given to my daughters Sarah Kay, Fanny Kay, and Polly Menifee, that the residue of my property, of every description, be equally divided among all my children. namely Fanny, Sarah, Polly, Robert, James, Richard, Reuben, Stokely, Armstead and Eliza Waggener, Item 3rd I hereby constitute and appoint my friends Wm Daniel, and Thomas Jeffries executors to this my last will and testament. In witness whereof I hereunto set my hand and Seal this fourteenth day of July 1821. James Waggener Sr {seal} Signed Sealed and acknowledged in presence of us. Jno S. Anderson Nathl Burrus Roger Burrus Todd County Sct. March Term 1822 The foregoing last will and testament of James Waggener Sr. dec'd was produced in court and proved according to law by Jno S. Anderson and Nathaniel Burrus Subscribing ___rights thereto and ordered to be recorded which is according by same, together with this cert. in my office E. B. Edwards C. T. C. =============== In a deed dated December 12, 1825 in Todd County, Kentucky, James' widow Elizabeth distributed the estate bequeathed in this will to her, amongst the surviving children and/ or their surviving heirs. Her distribution involved compensation for slaves or property passed on to the various children in this will, making the ultimate division of the estate virtually equal between all the heirs. That document is further interesting because it seems to list the names of all the children of James and Elizabeth, in the apparent order of their birth. A transcription of that deed is included in Elizabeth's notes. - Rick Waggener
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