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Note: I believe Elizabeth was the third or fourth child born to her parents Robert "Robin" Garnett and Lucy Towles, in about 1761. She must have been born on or near to the property of her father's parents, known as "The Horseshoe Farm," near the confluence of the Robinson and Rapidan Rivers in Culpepper County. She apparently grew up in that area, and must have met and in about 1782, married James Jones Waggener there. Later, two of her younger sisters married brothers of her husband James. Her sister Sarah Garnett married John Waggener in 1785, and her sister Mary Garnett married Thomas Waggener in 1786. Elizabeth and her husband James must have lived most of their married lives near to their various family members in Culpeper County. Eventually almost all of their siblings, relatives, and children, left Culpeper County and moved to Kentucky. I cover this in a little more detail in the notes for James Jones Waggener. Elizabeth and James were apparently almost the last of their families to leave Culpeper County. In about 1820-21 they apparently moved to the area of Todd County, Kentucky. Elizabeth's husband James died there within a year or so of their move, in 1822. I have found a deed for Elizabeth in Todd County, Kentucky, from December 12, 1825, where she distributes the estate of her deceased husband to her children and their heirs. I also have found a number of other records which seem to show that Elizabeth probably lived on until about December of 1845. Elizabeth is mentioned in the will of her father, dated April 29, 1829, in Cumberland County. She is described there as the wife of the late James Waggoner. In the census records mentioned below from 1830 and 1840 in Todd County, Kentucky, I believe that Elizabeth is counted in the household of her son-in-law Thomas I. Walker, and his wife and Elizabeth's daughter Eliza Walker. Eliza would have still been a teenager when her parents moved to Kentucky and at the time of her father's death. She must have almost certainly come with them directly to Kentucky, and likely lived with her mother after her father's death. It seems logical that they would have become very close and that Eliza would have wanted her mother to live with her after her marriage. As described further below, the records from the Clark vs. Towles suit from 1844, seem to document pretty clearly that Elizabeth was still alive as late as 1844. I have also found Court records from Todd County for the settlement of what was left of her estate, starting in December of 1845 and concluding in August of 1846. I am pretty sure that this first record is just after her death. Elizabeth would have been about 84 years old in 1844. These records also seem to support that at the end of her life, she was living with her daughter Eliza and her husband in Todd County, probably in or near Trenton. Her son Stokeley, who had become a kind of patriarchal figure for the family by then, was living in Trenton at the time and handled the final settlement. Rick Waggener ============== From the Todd County, Kentucky Deed Book D, page 128; dated December 12, 1825: This agreement between Elizabeth Waggoner, Fanny Kay who was Fanny Waggoner, James Kay and Sarah his wife, who was Sarah Waggoner, Robert Menefee and Polly his wife, who was Polly Waggoner, Robert G. Waggoner, James Waggener, Richard Waggoner, Reuben Waggoner, Stokely T. Waggener, Anthony F. Read, who is assignee of Armstead Waggoner, claiming his part by purchase and Thomas I. Walker and Eliza his wife who was Eliza Waggoner all heirs and representatives of the Estate of James Waggoner, dec'd. The said James Waggoner having lately died in Todd County, Ken.: witnessed that the said James Waggoner died having his last will and testament being dated the 14th July 1821, given and bequeathed to Elizabeth Waggoner his wife his estate in all the property of every description of which he said James deed possessed remainder over to the said heirs and the said Elizabeth having by an instrument of writing hearing date the 12th day of December 1825 relinquished all her right title and interest in and to the said property of her dec'd husband James which she holds under his said will now the said heirs & representatives do agree one with another and consent that all the said property (a Negro girl named Beck excepted) shall be equally divided amongst the several legatees according to their respective claim or portion on or before the 1st day of January 1826 and it is also clearly understood by all parties that the property of said estate is to be valued in lawful money of the state of Kentucky and that the several sums hereafter named is to by deducted from the several shares namely from the share of Fanny Kay there is to be deducted the sum of $340, from the share of James Kay & wife the sum of $340, from the share of Robert Menefee & wife the sum of $340, from the share of James Waggoner the sum of $30, from the share of Richard Waggener the sum of $50, from the share of Stokely T. Waggoner the sum of $30, which sums as above names were given in property by said James Waggoner Dec'd in his life time and the said amounts one all to be added together and them equally, divided amongst the balance of said heirs that is to say the said Robert G. Waggoner, to have one share the said Reubin Waggoner, to have another the said F. Reid Assignee of Armstead Waggoner, to have another and the said Walker and wife to have another and it is further agreed if the County Court of Todd County don't appoint commissioners to divide said estate which they are hereby requested to do upon a failure there of that Lewis Leavell & Inos Anderson & Reuben Samuels on any two of them whereby empowered to divide and all at the property of said estate to the seasonal distributees. In testimony when of into set own hands and seat the 12th day of December 1825. A. F. Read (Seal) Thomas I. Walker (Seal) Eliza A. Walker (Seal) Elizabeth Waggoner (Seal) Stokely T. Waggoner (Seal) Elizabeth Waggoner (Seal) ------------------------------------ This deed involves Elizabeth distributing the estate of her late husband, James Jones Waggener, to her children or their heirs. In the will of her husband, dated July 14, 1821, most of the estate had been left to Elizabeth, with a few exceptions. The deductions in this distribution correspond to those exceptions and seem to allow for a pretty completely even distribution of the estate. James died less than a year after the will, probably around March of 1822. It is not clear why Elizabeth was doing this at this time, two and a half years later, since she was apparently doing well. It probably was precipitated by the fact that some of the heirs needed the money. Her two youngest children, Eliza and Armistead, had both married within the past year and a half. Armistead had apparently sold his share of the estate to this A. F. Read, for unknown reasons. Also Elizabeth's daughter-in-law Elizabeth Waggener, widow of her son James, had three young children to raise. James the son, had died about six months after his father in August of 1822. Although for some reason this deed seems to indicate that son James was alive, he certainly was not and the deed was signed by his widow Elizabeth Waggener. The final probate settlement of his will had apparently just been finished in Jefferson County, Kentucky, about a week before the date of this deed. Also, Fanny Kay, Elizabeth's oldest daughter, had been widowed since 1818 and she still had children under the age of ten to raise. All of these factors probably contributed to this decision. Another very interesting thing about this document is the fact that the children are mentioned at the beginning, in what clearly seems to be their order of birth. Since I do not at this point have firm dates of birth for all of the children, this has been pretty helpful. With this listing and the other census information that I have found, I have been able to come up with pretty good estimates for the dates of birth for sons Robert, James, and Richard. I also have removed a previous name I had as a son of Elizabeth and James, namely Thomas. I really have no evidence to support that they had a son named Thomas, including the fact that he is not mentioned in either James' will or this deed. Rick Waggener ============== I found two census records from 1830 and 1840 in Todd County, Kentucky, which I believe possibly show that Elizabeth was living there at those times. The head of the household in both censuses is listed as Thomas I. Walker. This is the husband of Elizabeth's youngest daughter, Eliza Waggener. The ages of persons in the household seem to match up well with the information that I have for Eliza, Thomas and their children. As mentioned above, it seems logical that Eliza and her mother were close and that Elizabeth would have been living in her home. Eliza and her husband Thomas Iverson Walker seem to have lived the rest of their lives in Todd County, which seems to support the fact that she must have lived continuously in the area. In the 1830 census below there is a 60-69 year old women in their household, and in the 1840 census there is a 70-79 year old women listed. The records I have indicate that Elizabeth was born in 1761, which me she would have been 69 years old in 1830, and 79 years old in 1840. I think it very possible that this is Elizabeth, living in the household of her daughter and son-in-law. Rick Waggener ============= From the Todd County, Kentucky Tax Records, Tax books 1820-1830, 1833-1835, 1837-1839; FHL US/CAN Film (8241) Elizabeth is listed in the following records: ***** 1822; Waggener, Elizabeth; page 51, 0 males over 21, 0 children 4-24, 3 Blacks over 16, 9 Blacks total, 5 horses, total value- $3,250 ***** 1823; Waggoner, Elizabeth; page 51, 0 white males over 21, 3 Blacks over 16, 9 Blacks total, 4 horses, total value- $2,860 (Elizabeth is listed directly below her son Robert Garnett Waggener.) [Elizabeth does not seem to be listed in any of the Property Tax records in Todd County, from 1824 through 1830. The Property Tax Records for 1831 & 1832 are apparently missing. Then Elizabeth appears again in the records below, starting in 1833. I am not sure at this point, what this means. - Rick Waggener] ***** 1833; Elizabeth Wagner, page 67, 0 white males over 21, 0 Blacks over 16, 2 Blacks hired out, 3 Blacks total, 2 horses, total value- $200 ***** 1834; Waggener, Elizabeth; page 60, 240 acres in Todd County on West Fork/ value $5 an acre; 0 white males over 21, 0 Blacks over 16, 0 Blacks hired out, 3 Blacks total, 4 horses; total value- $2,392 (I am pretty sure that this property and below is near the West Fork of the Red River, which is due north of the town of Trenton. - Rick Waggener) ***** 1835; Waggener, Elizabeth; page 62, 247 acres in Todd County on West Fork/ value $5 an acre; 0 white males over 21, 2 Blacks over 16, 0 Blacks hired out, 6 Blacks total, 4 horses, 10 cattle; total value- $2,725 (The Tax Book Record for 1836 in Todd County is missing.) ***** 1837; Waggoner, Elizabeth; 247 acres in Todd County on West Fork, value $6 an acre/ total value of the tract- $1,482; 0 white males over 21, 2 Blacks over 16, 1 Black hired out, 3 Blacks total/ value of Blacks- $1,800; 2 horses/ value $40; 2 cattle; total value- $3,322 ***** 1839; Same (ST Waggener) agent for Eliz Waggener; 0 white males over 21, 1 Black hired out, 5 Blacks total/ value- (can't read); other property/ value- $200; total value- $1,800 (This is listed just below her son Stokeley's entry. I can only guess that Elizabeth's health was failing at this point. It also appears that she has again distributed some of her property, presumably to her children. - Rick Waggener) ============== From the Todd County, Kentucky Tax Records, Tax books 1840-1855; FHL US/CAN Film (8242) Stokeley is listed in the following additional records: ***** 1840; Waggener, S T agent for Elizabeth Waggener; page 49; 1 slave over 16, 6 slaves total/ value of slaves- $1,500; total value- $1,500 (This again is listed just below the record for Stokeley.) ***** 1841; Waggener, S T agent for Elizabeth Waggener; page 49, 1 slave over 16/ value- $2,000; total value- $2,000 (This also is listed just below the entry for Stokeley.) (I was unable to locate any record for Elizabeth in the 1842 property tax records in Todd County.) ***** 1843; Waggener, Elizbeth; page 53; total slaves (can't read); total value- $1,450 ***** 1844; Same agent for Eliz Waggener; page 54; 1 slave over 16; 7 slaves total; value $2,000; total value- $2,000 Listed under the entry for her son Stokeley: ***** 1844; Same agent for Eliz Waggener; page 54; 1 slave over 16; 7 slaves total; value $2,000; total value- $2,000 Listed under the entry for her son Stokeley: ***** 1845; Same agent for Elizabeth Waggener; page 54; 3 slaves over 16; 7 slaves total/ value of slaves $2,350; other property- $300; total value- $2,450 ***** 1846; Elizabeth, Dec'd, slaves 2/7, total value $2,450 ============= From the settlement of the Clark vs. Towles suit in about 1844-45, transcribed by William B. Newman in about 1930. The suit is in regards to a dispute over the will and estate of Elizabeth's half uncle Henry Towles, who had died about 8 years earlier in about 1836. Henry, who was the son of Jane Sparks and Stokeley, had no children and ended up with his father's plantation and a large share of the estate. In his will, he left everything to the descendants of his full sister Mary (Towles) Clark. The suit sets aside Henry's will, and redistributes the estate to all of direct descendants of Henry's father Stokeley. This section of the settlement, containing the reference to Elizabeth, pertains to the descendants of Elizabeth's mother Lucy (Towles) Garnett, a half sister to Henry Towles: "To Henry Hill, Sheriff of Madison County, com'tee, admr. of Oliver Garnett deceased, Elizabeth Waggoner each the sum of seventy four dollars and ninety nine cents with the like interest on fifty dollars, part thereof from the same time till paid - ..." ---------------------------- I have a transcription of the entire section for Lucy (Towles) Garnett in her notes. This settlement clearly documents six children of Lucy and/ or their descendants, which the administrators of the settlement were able to contact directly or found some information about. Each of the six children or their families were designated this same amount, $74.99 plus the interest on $50. This particular document is dated October 18, 1844 and Elizabeth (Garnett) Waggener seems to be the only one of the six children who was still surviving at that time. Elizabeth's brother Oliver Garnett, who is mentioned in the same sentence above with Elizabeth, had died in 1838, in Cumberland County, Kentucky. The children of Elizabeth's sister Mary (Garnett) Waggener and her husband Thomas Waggener, are mentioned. This clearly seems to indicate that the administrators knew that Mary and Thomas Waggener were both deceased by this time. Mary (Garnett) Waggener had died in 1837, in Christian County, Kentucky, and her husband Thomas Waggener had died only two years earlier in 1842, also in Christian County. The administrators were apparently not able to locate any of the children of Elizabeth's sister Sarah (Garnett) Waggener, who had been married to John Waggener. I know that John Waggener had died in 1830 in Adair County, Kentucky, but am not sure when or where Sarah died. The settlement did designate a $74.99 share to the children of Sarah and John, "when discovered." The administrators of the settlement seem to have made a significant effort to locate the children of Lucy and/ or their heirs, and the information they found seems to be relatively current to 1844. This seems to provide strong evidence that Elizabeth was still alive at the time of the document. Rick Waggener =============== From the Todd County, Kentucky Court Records, Volumes G-H, 1844-1858 (FHL US/CAN Film 355931): Page 85 Monday December 8th 1845 On motion of Stokeley T. Waggener administrator of the estate of Elizabeth Waggener, dec'd, & also administrator of the estate of James J. Waggener dec'c. It is Ordered that E. Billingsley, E. Wari, A. G Slaughter and J H Billingsley, and they are hereby appointed appraisers to appraise in lewriment? money the personal estate of said Elizabeth Waggener dec'd & also to appraise in lewriment? money the slaves which were devised by the said James J. Waggener to his widow said Elizabeth Waggener, dec'd to be divided among the heirs of said descendants and report to this Court. (I believe that this record came just after the death of Elizabeth, probably less than a month. The results of their appraisal is apparently reported below in the records next Summer. - Rick Waggener) =============== From the Todd County, Kentucky Probate Records; will book F, 1840- 1848 (FHL US/CAN Film 355922): Pages 333-334 Elizabeth Waggener settlement with Admin. A Settlement with S. T. Waggener administrator of the Estate of Elizabeth Waggener Dec’d taken July 2nd, 1846 before the commissioner appointed by the County Court of Todd to settle with gr??? Executor and administrator. Stokeley T. Waggener administrator of the Estate of Elizabeth Waggener deced To amt. accts in his hands $474.73 To note of Thomas I. Walker & Interest on same up to July 2nd, 1846 $199.86 To Act on James? 44.00 $720.61 Le an ts cu? No. 1 By Birston & Petree $10 2. Clerk .98 3. Tomb Stone $10 4. Walker acct $945.00 $965.98 Commisssionery? fee for this Settlements 3.00 Clerks fees for Recovery same 7.00 Administrator allowance 40.00 1029.98 On the 2nd of July 1846 the undersigned Commissionery? Appointed by the County of Todd County to settle the accounts of Executors administrators & lrv st fi any?? made at the Clerks Office in Elkton the foregoing Settlements with Stokely T. Waggener administrator of Elizabeth Waggener Dec’d. Thomas I Walker being present given under our hands this 2nd July 1846. Jno T Branch Henry H Roberts This seems to be the appraisal ordered seven months earlier in the record above. I think this supports my belief that Elizabeth was possibly living with her daughter and son-in-law, Eliza and Thomas Walker. =============== From the Todd County, Kentucky Court Records, Volumes G-H, 1844-1858 (FHL US/CAN Film 355931): Page 135 Dated July 13, 1846 A Settlement by the Commissioners appointed by this Court to settle the accounts of Executors Administrators and Guardians with S. T. Waggener administrator of Elizabeth Waggener Deceased as produced in open Court and laid over for one month according to Law. ============== From the Todd County, Kentucky Court Records, Volumes G-H, 1844-1858 (FHL US/CAN Film 355931): Page 138 Also dated July 13, 1846 A Settlement by the Commissioners appointed by this Court to settle the accounts of Executors, Administrators and Guardians with S. T. Waggener Administrator of Elizabeth Waggener Deceased and which was produced to this Court at the last time and laid over for one month according to Law, was this day examined approved of by the Court and ordered to be recorded. This seems to be essentially the same record as above. =============== From the Todd County, Kentucky Probate Records; will book F, 1840- 1848 (FHL US/CAN Film 355922): Pages 334 Kentucky Todd County Court Clerks office August 10, 1846 I Willis, L. Rung Clerk for the County Court for the County aforesaid do certify that the foregoing settlement by the Commissioner appointed by the County Court of Todd aforesaid do settle the accounts of Executors administrators and Guardians with Stokely T. Waggener administrator of Elizabeth Waggener Deceased ??? County Court Before and held for Todd County at the Court house in Elkton on Monday the 10th day of August 1846. Examined approved of the Court and ordered to be recorded, the Same having been produced to said Court according to law. Where upon I have truly recorded the same together with the Executor in my office. Willie L. Rung This is the last record I could find. ============== I don't know where Elizabeth died, or where she is buried, but I strongly suspect that she died and was buried in Todd County, Kentucky, probably in or near to the town of Trenton. I can only guess that she was buried with her husband James, who had died about 24 years earlier. Rick Waggener
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