Virginia Soldiers of 1776 Volume I Page 24 Captain David Mossum (Mossom) A letter or memorandum: John Cunningham presented the claim of bounty land to the Executive about 1831. He was at that time the sole claimant for the bounty. The certificate of the court shows that he died in 1833. See letter of .J. W. Murdaugh, to Executive, dated 12 April 1833. Samuel Servant presented the claim. The letter referred to, states that the claimant was ''a very poor man with an amiable family". I presume the claim was allowed in 1833 and John Cunningham died before the warrant was issued. James Webb, whose descendant's claim the warrants issued the 27th June 1831, deposed before the county court of Elizabeth City, that Captain Mossum died leaving no issue. That he had a sister name Nelly, who married William Roe Cunningham, who died leaving five children, all of whom died without issue, except John who was then living. At a county court held for Elizabeth City county, August 25,1860. Certified that Warrants Number 9036-9059 was issued from the Register of the land office to certain heirs of Captain David Mossum of the Virginia State Line during the Revolutionary War have been lost. Copy Tests, William S. Howard, department clerk. Warrants 9861-9868 issued 17 May 1867 to the heirs of Captain David Mossom of the Virginia State Line. These warrants were issued in lieu of Number, 9036-9045 and 9058-9059 which were heretofore issued erroneously and proved to have been lost or destroyed. See the warrants form 9861-9868 At a court of monthly session held for the county of Elizabeth City County, 27 January 1831, James Webb being of lawful age deposed that David Mossom died leaving no issue. He had only one sister, Nelly, who married William Roe Cunningham and died before the said David Mossom, leaving five children: James, David, William Rod, John and Mary, all Virginia Soldiers of 1776 Volume I Page 25 Of whom died without issue, except John, who is still living. Therefore the court certifies that the said John Cunningham is on the only heir at law of said David Mossom. Copy teste William S. Howard Clerk. Elizabeth City County court, June 30,1860. Marion Colbert was assigned by the court guardian of William C, Wesley, Samuel, James and William R. Cunningham orphans of William R. Cunningham, who was one of the heirs of David Mossom, who was a Captain in the Virginia State Line in the Revolutionary War. Thomas Cunningham Sr. as security. Teste true copy, William S. Howard, Dep. for William S. Howard, Clerk, Elizabeth City County court, 7 July 1860. Thomas, James and John Cunningham, George Cain and Mary Purkinton, a part of the heirs at law of Captain David Mossom, appointed James Murdaugh of Portsmouth their attorney on 13 July 1860. Marion Colbert, guardian of William C, Samuel K, Wesley and Virginia Cunningham infant children of William Roe Cunningham deceased. Who are the heirs at law of Captain David Mossom appointed James Murdaugh her attorney, acknowledged before C. S. Smith Justices of Peace in Elizabeth City County Court on 13 July 1860. Marshall Whitehurst and Catherine his wife (formerly Catherine Cunningham) one of the heirs of Captain David Mossom appointed the same attorney, acknowledge before John S White, Justices of Peace of Portsmouth, Virginia on 6 July 1860. Note: It will be seen that the court order, with the affidavit of James Webb was "erroneous", as the order of June 30, 1860 shows and the following facts as given above. A letter from E.P. Kendrick, Surveyor's office, Virginia Military, Dist., Chillicothe, Ohio July 27, 1860, to James Murdaugh. It stated none of the twelve warrants for the services of Captain David Mossom have ever been located in this office or certified for Scrip. The Commissioner of the General Land office requires may separate certificate of each warrant. These certificates will enable you not only to obtain duplicates, but also to be used in application for the Scrip. Signed. Elizabeth City County Court, 29 May 1841, ordered that it be certified upon satisfactory evidence that David Mossom who was a Captain in the Revolution War, died intestate, leaving no issue. An only aunt and the only near kindred was Mary Roe, who married with James Cunningham, both of whom are dead, leaving issue Virginia Soldiers of 1776 Volume I Page 26 Elizabeth Roe Cunningham who married John Webb, both of whom are dead, leaving one children John Webb II. William Roe Cunningham who is dead leaving issue; James, David Roe, and John Cunningham, all of whom are dead, intestate and without issue, except John Cunningham. Who is also dead leaving issue; Mary who married John Purkinton who is dead, his wife Mary surviving him: John, Thomas, William, James, Ann who married Jeremiah Cain and Catherine who is now an infant. Mary Cunningham (daughter of James) who married James Latimer who is now dead, leaving issue; Roe Latimer who is now dead leaving issue; Mary Latimer who married Jonah Shelton who is dead, his wife surviving; James Latimer; Amelia Barbara Latimer and Pascow Latimer who is an infant. The court certifies that "John Webb" (son of Elizabeth Roe Cunningham and James Webb), "Mary Purkinton" (daughter of John and Mary Cunningham Purkinton, who was daughter of John Cunningham, son of William Roe Cunningham), "James Cunningham" (son of John Cunningham who was son of William Roe Cunningham), "Ann Cain" (daughter of John Cunningham and sister of James Cunningham), "Catherine Cunningham" (daughter of John and Elizabeth Holston Cunningham), "Mary Latimer Shelton" (daughter of Roe and Mary Cunningham Latimer who was daughter of James Cunningham), "James Latimer" (son of Roe and Mary Cunningham Latimer and brother of Mary Latimer Shelton), "Amelia Barbara Latimer" and "Pascow Latimer" are the only heirs at law of said Captain David Mossom. Note: The names within the parentheses I have inserted in the court order to make relationships plainer. The exact words of the court are punctuated with quotation marks. The court order was certified by Armistead, clerk of the court. There is also Revolutionary service on the Cunningham line given here, that is, Captain James Cunningham. There is on file in the Virginia land office a diagram evidently made by the clerk or register, which explains graphically this lineage. Captain David Mossom was the son of Reverend David Mossom of New Kent County, who officiated at the nuptials of General George Washington and Martha Dandridge Custis at the White House some few miles distant from Saint Peter' Church. Executive Department April 16, 1833. The heirs of David Mossom are allowed land bounty for his services as Captain in the Virginia Soldiers of 1776 Volume I Page 27 Virginia State Line for three years, if not heretofore drawn. John Floyd Gov. Elizabeth City County court 23 February 1826, Barbara Latimer is assigned by the court guardian of Barbara, Pascow and John Latimer, orphans of Roe Latimer. The heirs of Captain David Mossum appointed Archibald Green as their attorney, signed and acknowledged before Westwood Armistead, justices of the Peace, 3 November 1843. Warrants Number 9036-9045 inclusive were issued 10 November 1843. Recorded book 3, page 509, Virginia Land Office. At a court held in Elizabeth City County, June 30, 1860, noted whereas on the 27 October 1853, there was a certificate of heir ship of David Mossum decease who was a Captain in the Virginia State Line during the Revolutionary War made by the court this county, that the said David Mossum died in the county of Elizabeth City, without children, leaving the descendants of his sister, Nelly as his only heirs at law. That the said Nelly Mossum married William Cunningham of this county and that she died before said David Mossum, leaving the following children; 1. James, 2. David, 3. William Roe, 4. John and 5. Mary, all of whom except John Cunningham died interstate and without children. That the said John Cunningham married sometime in the year 1799 to Ann Bennett by whom he had the following children; Mary, Ann, John, Thomas, William R, James, Samuel, Elizabeth, William and Eleanor. All of these children were then living and above the age of 21, except Samuel who died in 1829 above the age of 21 but intestate and without children, that the said Elizabeth, William and Eleanor died infants and without children. That the said John Cunningham also married after the death of his wife, Ann Bennett, one Elizabeth Holston, by whom he had one child name Catherine, who was then living and under the age of 21 years. Since the said order was entered changes have taken place, by death and marriage, that this order is amendatory of the other order aforesaid. The court therefore certify that the said Mary Cunningham Purkinton, Thomas Cunningham, James Cunningham and John Cunningham four of the heirs are now living, that Catherine Cunningham has married Marshall Whitehurst and is still living. Virginia Soldiers of 1776 Volume I Page 28 That William Roe died intestate September 1859, leaving the following children as his heirs at law; William C, Samuel R, James, Wesley and Virginia Cunningham, all of whom are infants and are living. That Ann Cunningham Cain died intestate in Dec 1859, leaving tow children; George and Virginia Almon, her heirs at law, both above the age of 21 and are living. Copy teste William Howard clerk. Reverend David Mossum was born about 1690. He had a Bible that was given him by Richard Criche, Esq. And in it David Mossum wrote, "My dear father died 1701 September 12, I being then eleven and one half years old". A record of his birth gives the date as March 25, 1690. His son David was the son of the first wife, Elizabeth. "David was the son of the David and Elizabeth Mossom, b. Sunday, Aug 21 and baptized Sunday September 1715. Robert the third son of David and Elizabeth, born sat. December 1, 1716 baptized on Sunday December 16, 1716. He died September 26, 1717 buried September 27 in St. Margaret's churchyard. Susanna, daughter of David and Elizabeth born July 22, 1720 and baptized Sunday July 31, 1720. Elizabeth another daughter born September 21, 1722 and baptized September 21, 1722 David Mossum's second wife was Mary or Margaret Roe. (See Meade II page 460). There are no records that I find of any children by this marriage. He married a third wife Elizabeth (Soane) Marston. She died April 2, 1759, age 55 years. See Charles City Records and the tombstone, also William and Mary quarterly, Volume V pages 66-67. Reverend David Mossum was Rector of St. Peter's Parish for forty years, in spite of his determination to tell the truth and the reputation he had of being "Peevish". He was in New England and though he still adhered to the Church of England, he probably had imbibed some of the puritan strict "moralities". He came to Virginia at a time when some of the clergy were somewhat to be criticized for their little slips and slides; becoming Rector of Saint Peter' 1727 where he remained forty years. He officiated at the nuptials of General George Washington at the White House just a few miles from the church. Virginia Soldiers of 1776 Volume I Page 30 Note: In a court order of Elizabeth City County, made upon the affidavit of James Webb, there were errors. The following letter to William Sutton, Register will explain: "David Mossum, a Captain in the Revolutionary War died intestate and without children. His sister Nelly married William Roe Cunningham, who died before him (William), leaving five children, all of whom died infants and without children except John Cunningham, who was the only heir. In 1831, he (John Cunningham) presented his claim to bounty land; allowed in 1833. He died the same year leaving as his heirs at law the person certified as such by orders of the county court, dated October 27, 1853 and December 27, 1866. The first certificate, 27 January 1831 the court certifies that James Webb deposed that David Mossum died intestate, and further, that the five children were named, James, David, William Roe, John and Mary Cunningham and that all died except John. The court ordered John Cunningham was therefore only heir of David Mossum. The second certificate dated 29 may 1841 in which it was certified died leaving no children, but an only aunt and the only near kindred was Mary Roe, who married James Cunningham, both of whom are dead leaving Elizabeth roe who married john Webb, both dead but leaving one children, James Webb, who made the aforementioned oath that Mossum died leaving his nephew John Cunningham his heir at law; the only surviving descendant of Nelly Cunningham, deceased who was a sister of Captain David Mossum. The certificate of 29 May was entered erroneously; John Cunningham was dead in 1843. The affidavits of Susan Rudd and Ann Paynew established the fact that David Mossum died without children leaving the descendants of his sister Nelly his heirs at law. It may be thought that John Cunningham, Mary Purkinton, Ann Cain, and Thomas Cunningham as early as March of 1840 (being cognizant of the fact) executed the power of attorney. Mary Webb, James and Barbara Latimer, Mary and Amelia Shelton executed their power of attorney, 3 November 1843. Warrants are there fore due to the following person Mary Purkinton, John and Thomas Cunningham, James and Catherine Cunningham (or Cain). Ann, George and Virginia Cain. Warrants, which issued to Mary Webb, Mary Shelton, James, Amelia and Pasco (Varco) Latimer amount to 2600 acres. These warrants were lost and were not located until the 27 July 1860 in the Virginia Military District of Kentucky. See letter of E.P. Hendricks, Surveyor. As attorney, I ask that warrants be issued to the parties I represent, signed James Murdaugh, Richmond, Virginia February 14, 1860. Virginia Soldiers of 1776 Volume II Page 636 Descendants of William Cunningham Contributed by, Mrs. Clarence Gregory Burton (Lummie Cunningham), Chancellor Wythe Chapter, D. A. R. Thomas Bennett Cunningham, born Sept. 26, 1819 married Virginia Colbert, born November 24, 1822. Thomas Cunningham died February 4, 1894; his wife died August 1st, 1883. They were married in Hampton, Virginia on December 24, 1842. William Cunningham and David Mossum came from Mass. Tyler's History of Hampton, page 41, states that Captain William Cunningham of Hampton was 1st Lieutenant on the Schooner Liberty. Captain Cunningham and David Mossum married sisters, daughters of John Roe of Elizabeth City County John Roe's will was probated at Elizabeth City Court House, July 6. 1762. He died 1761, leaving a daughter who married Captain William Cunningham. This was Susanna Roe. John Roe's daughter, Elizabeth married (first) Charles Pasteur; (second) Richard Barron Servant, and his daughter, Margaret married David Mossum. Of the marriage of Susanna Roe and William Cunningham, was born William Roe (sometimes spelled Rowe). Nelly Mossum was the daughter of David and Margaret Mossum. There was a son, David. Both of these children were born in Newburyport, Mass. William Roe Cunningham married his cousin, Nelly Mossum. They had a number of children, all of whom died excepting John, who married in 1799 Ann Bennett. Virginia Soldiers of 1776 Volume II Page 637 Of this union, there survived a number of children, one of whom, Thomas Bennett Cunningham (he dropped the Bennett from his name) on December 24, 1842 married Virginia Colbert. Thomas and Virginia (Colbert) Cunningham had ten children: 1, Mary (married J B Gill) 2. Alice (married William E. Trahern) 3, Fannie (married William Farrell, both living) 4. Frank (married Sallie Morton) 5, Judson (married Mosely Scott) 6, Marion (married J. F. Talbott) 7. Thomas (married Grace Christian; 8. Lummie and 9. Robert both of whom died in infancy and 10, Lummie (married Clarence G. Burton). William Cunningham, Pilot A Bounty warrant on file in lie Archives Dept. of State Library is as follows: The petition of the heirs of William Roe Cunningham, respectfully: states; that the said William Roe Cunningham was a Pilot in the Navy of Virginia during the Revolutionary War, having entered the in the year 1777, yet no land warrant for Bounty Land was ever opened in their favor, or their ancestor in his life time. The certificate of Elizabeth City County Court shows the service of the said William Roe Cunningham to have been from 1777 to the close of the war. Petitioners pray that an allowance may be made to them of the Bounty Land due them for their ancestor's services. Signed, Thomas Green, attorney. The petition received June 4, 1832: submitted August 24, 1832. The claim was rejected. Elizabeth City County courts May 2, 1832. Ordered that it be certified that it has been made appear to the court, by satisfactory evidence, that William Roe Cunningham entered the service in the Va. Navy in the Revolutionary War, and served in the capacity of Pilot, and remained in service during the war. Testes, N. W. Cary, Clerk. Letter of James Barron. This will certify that I was well acquainted with Mr. William Cunningham, Pilot in the Virginia State Navy during the Revolutionary War, as Pilot on board several state vessels, and that he was employed in conducting the French ships of war during the whole period that they remained in the service of the United States, more than three years, and was reputed as an officer of worth and patriotism. Signed, James Barron. Virginia Soldiers of 1776 Volume II Page 638 Norfolk Co. Personally appeared before me, a Justice of Peace, for said county, James Barron, who made oath to the above statement. Signed, Holt Wilson, Justices of Peace, 17 July 1832. The following notes from various sources concerning Cunningham and Mossum and Roe. John Roe (father of Susanna Roe, married Cunningham) died 1761. His will probated Elizabeth City County court, July 6, 1762. John Roe was on the pay roll of Captain Andrew Lewis' Company of a Virginia Regiment Service commenced 29 May, ending July 29, 1754. Received pay of 2 pounds, 8s. See Virginia Col. Rec. Crozier. John Roe on a list of Captain Hogg's company who have received his Excellency's Bounty money. From Washington Papers in Library of Congress. On the back of each of the five rolls is the endorsement of Washington. Page 118, Va. Col. Rec. James Roe was a soldier in Captain Mordecai Buckner's Company at Fort Lewis, Feb. 23, 1762. Granted certificate for service in the French and Indian War. He was in the First Virginia Regiment. Discharge dated; February 1762, from Col. Stephen of the Second Regiment, Southampton County, May 11th, 1780. Va. Col. Rec. page 16. In Henning's Statutes, Vol. 7 the following names of Cunningham appear as of Colonial Militia: -Lieut. William Cunningham, September 1758, page 60; ___John, a Private in Militia, page 61; __Robert, Private in Militia, page 62; Jacob, Private, page 63; __Waiter. Private, page 64 all of Augusta County. James Cunningham, Private, Botetourt Co. in John Murray's Comp. ____John, Private in Capt. Robert Clenachan's Volunteers from Botetourt County. Lord Dunmore 's war, 1774. ____ Hugh and James, Privates in Comp. Number 9, Augusta County 1742. Crozier, page 94. Ann Cunningham of Spotsylvania County was Administrator. Of James Cunningham, Jan. 17, 1782. Ann Cunningham's will proven Spotsylvania County, April 23, 1789: mentions children, Elizabeth, Ann, James, Henry, George, Nelly, and William; land in Fayette County, Ken, by Patent bearing date, 17 August 1786, Will Book E 1772-1779; page 944. Virginia Soldiers of 1776 Volume II Page 895 Exec. Dept. March 19, 1834. The heirs of Thomas Herbert are allowed Land Bounties his services as a Captain in the State Navy (to rank as a Major in the land service) for three years. John Floyd Norfolk County, Virginia. William H. Wilson, clerk of the court certified that no will of John C. Herbert is of record in his office from 1755 to present time (1834). Signed, William H. Wilson, Clerk, Norfolk County court, January 20, 1831. Certified that Thomas S. Herbert died without children, and that John C. Herbert was the son of Rosa Herbert, deceased who was the sister of the said Thomas S. Herbert, deceased; that John C. Herbert married (1 Polly Butler and since has died leaving issue: Francis C, Susanna, Elizabeth and Thomas Herbert. Copy teste, N H. Wilson clerk. Norfolk Court 16 May, 1831. Susan C Herbert, Elizabeth C Herbert and Thomas Herbert, orphans of John C. Herbert made choice of Francis C. Herbert for their guardian. Certified true copy, Arthur Emmerson, clerk, 28 December 1889. Same court, 20 January 1831 An order certified which is same as the above of the same date, but further: ''That John Herbert, deceased was a Carpenter and Midshipman in the Safeguard, in the Virginia State Navy in the Revolutionary War; that the said John Herbert was a brother of Thomas Herbert, deceased who was called "Silver Fist'', from having lost one of his arms and having a silver fixture on its stump; that the said John Herbert entered the service at an early period of the war, and never returned, wherein the order stated that Thomas S. Herbert died without issue, instead of Thomas Herbert, who was usually called "Silver Fist". Copy teste Wil1am H. Wilson Clerk. Elizabeth City County Court, 23 June 1836, Certified that Thomas Herbert was an officer in the Revolutionary War, and that at the time of his death, he left two sisters and one brother, named, Pascow, Margaret and Rose Herbert; that Pascow Herbert is since (dead, leaving three children: Amelia Lively, Barbara Latimer, and John Herbert. John Herbert is since (dead, leaving five children: John, Curle, William, Mary Frances and Elizabeth Herbert. Margaret Herbert married Moseley Armistead, both of whom are dead and left two children: Elizabeth and Judith Armistead that Elizabeth married Corn. James Barron and she are since dead leaving five children: Jane, Margaret, Elizabeth, Virginia and Mary Barron. That Jane married William Hope, both of whom are living that Margaret, married John P. Tuttle, both of whom are (dead, without children. Elizabeth Barron married George P. French, and both are dead, without children that Virginia Barron married Jesse J. Pendergrast, both of whom are living. Mary Barron married George Blake, both of whom are living. Judith Armistead married James Latimer, both of whom are since (dead, leaving four children: Moseley, Edward, Margaret and James Latimer. Moseley Latimer is since dead. leaving two children, namely, Edward Jr., and Mary Latimer, both of which are living; that Edward, Margaret and James Latimer all died without children. Virginia Soldiers of 1776 Volume II Page 897 That Rose Herbert, sister of Captain Thomas Herbert married Herbert, both of whom are dead, leaving one child, John C. Herbert, who married Polly Butler, and that they died leaving four children: Frances C., Susanna, Elizabeth 0., and Thomas Herbert. Certified that the foregoing is true copy from the records of this court. Signed Westwood Armistead, Clerk, Elizabeth City Co. Court. Note. Virginia Barron married Garrett Pendergrast, and not Jesse Pendergrast, as stated above. At Elizabeth City Court a decision was rendered as to the priority of claim for the land bounty. The question had been as to the time of death of Captain Thomas Herbert. He died intestate, but if he died before January 1787 the English law of primogeniture would make his brother, Pascow Herbert the heir to the exclusion of his sisters. The argument is lengthy, and may be found on file in the Virginia land office for those interested. I shall not copy it. The names are all given above; arid repeated in another court decision of Elizabeth City Co., 26 Feb 1839. I give the following facts from this last court order, which were not so complete in the order of June 23, 1836. Thomas Herbert died since 1790. Amelia (daughter of Pascow Herbert) married Robert Lively. Barbara Herbert married Roe Latimer, and is now (1839) a widow. John and Curie are now (1839) of full age, William, Mary Frances and Elizabeth are minors. Elizabeth Barron married Dr. George P. Finch. Abstract of Pascow Herbert's will. Elizabeth City County. Mentions his wife Mary; to her he bequeathed "all that may be due from the estates of John Jones, Barbara and Amelia Jones; except three hundred pounds mentioned in the will of Barbara Jones, deceased. "Against me"; he bequeathed to his wife the whole of his stock and furniture of every sort, and lends to her the use of his entire estate, during her life; to his daughters, Barbara Curle Herbert and Amelia Herbert while they remain single, one half of his house and ten acres of land near the house; to each of them, six hundred and thirty pounds which is in the Continental Loan, and two slaves apiece; to his son, John Jones Herbert, the plantation "I now live on," after the death of his mother and the spinsterhood of his sisters; to his two sons, Curle and Thomas Jones 11 acres, the plantation on the James River "Which I bought from Westwood"; to his sons all the residue of estate not bequeathed. Signed March 20, 1801. Witnesses, William and Elizabeth Smith, and Elizabeth Barron. The will was proved, Elizabeth City County court, 25 June 1801. Taste, MT. Westwood, Jr. clerk. Copy teste Westwood Armistead clerk. Elizabeth City Co. court, Certified that it does not appear that John, nor Margaret Herbert, Elizabeth Armistead, Elizabeth Barron, Margaret Barron, Judith Armistead, Moseley Latimer, Rose Herbert or John C. Herbert left any last will and testament. Signed, Westwood Armistead, 26 May 1837. Virginia Soldiers of 1776 Volume II Page 898 Powers of Attorney Frances C. Herbert appointed Charles Hatcher her Attorney March 31, 1834, acknowledged before Thomas Williamson, Alderman, Norfolk Borough. Hatcher appointed I. A. Myers substitute Attorney. Warrant 8832 for 444-4/9 acres issued to Frances C. Elizabeth, Susanna, and Thomas Herbert, children of John C. Herbert, son of Rose Herbert, who was sister of Captain Thomas Herbert. George S. Blake and Mary A. A. Blake of the City of Philadelphia but living in Greenwich, Conn. She as his wife appointed Charles Hatcher their Attorney, September 15, 1836. Witnesses, Blansford Meade and Samuel Close. Acknowledged before Samuel Close, Justices of Peace Fairfield County, Conn. Thomas B. Osborne, Clerk of the county, certified as to Samuel Close. Warrant 8831 issued to Mary Blake wife of George S. Blake, she the daughter of Commodore Barron and Elizabeth (daughter of Moseley Armistead and Margaret, she was a sister of Thomas Herbert, Captain in the Virginia State Navy), Garrett Pendergrast and Susan his wife appointed the same Attorney Witness, Ebenezer Garrison, Justices of Peace of Erie County, PA before whom they made acknowledge August 29,1836. Warrant 8833 for 74-2/27 acres issued to Virginia Pendergrast, daughter of Commander Barron and his wife Elizabeth, who was heir at law of Thomas Herbert. Amelia Lively and Barbara Latimer of Hampton, Virginia appointed the same Attorney June 18, 1836. Acknowledged before William Hope, Justices of Peace. Virginia Soldiers of 1776 Volume II Page 899 Warrant 8835 for 111-1/9 acres issued to Edward Latimer son of Moseley Latimer, son of Judith Latimer, formerly Judith Armistead (daughter of Margaret, the sister of Captain Thomas Herbert). Warrant 8836 issued to Mary Ann Latimer, daughter of Moseley Latimer, etc. Warrant 8825 issued for 148-4/27 acres to John Curie, Mary F., Elizabeth and William Herbert, children of John Herbert, son of Pascow Herbert, 15 June 15, 1840. Warrant 8829 for 184-4/27 acres issued to Amelia Lively (widow of Robert Lively) (daughter of Pascow Herbert. Warrant 8832 for 444-4/9 acres issued to Frances C, Elizabeth, Susanna, and Thomas Herbert, children of John C Herbert, son of Rose Herbert, who was a sister of (Captain Thomas Herbert of the Virginia State Navy. Recorded Book 3, page 486, Virginia Land Office. Warrant 8828 for 148 acres issued 15 June, 1840 to John, Curie, Mary F., Elizabeth and William Herbert, children and heirs of Pascow Herbert, the brother and heir of Thomas Herbert. Warrant 8830 for 148 acres tested to Barbara Latimer, daughter of said Pascow Herbert. Warrant 8831 to Mary Blake, daughter of Commodore James Barron, and Elizabeth Barron who was the daughter of Moseley Armistead and his wife Margaret, formally Margaret Herbert, sister of said Thomas Herbert. Warrant 8833 for 74 aeres to Virginia Pendergrast, another heir of said Thomas Herbert. Warrant 8834 to James Hope, another heir at law of Thomas Herbert. Warrant 8835 to Edward Latimer, heir at law of Thomas Herbert. Record Book 3, page 485. Virginia Soldiers of 1776 Volume III Page 1413 William Cunningham In Howe's Historical Collection of Virginia, page 251, he states that Captain Meredith and Captain William Cunningham were born in Hampton, Virginia. From the U.S. Military and Naval Magazine, "At the beginning of the war, Captain William Cunningham enlisted in one of the Minute Companies, and continued in that service until Virginia armed a few fast sailing Pilot Boats. There are official records of the service of Captain William Cunningham as a Pilot in the Virginia Navy. Virginia's fleet of sailing pilot boat schooners varied in numbers. Sometimes it had as many as 50 vessels, and occasionally only one was in service. Among these vessels was the schooner, Liberty. This was never captured but several times was sunk in the rivers to hide her from the enemy. Virginia Soldiers of 1776 Volume III Page 1414 Captain Cunningham piloted this schooner and was made her 1st Lieutenant, until the war assumed a more regular form, when he ranked as Captain. He also purchased a small schooner and engaged in traffic with the West Indies. This was in conjunction with other sea officers who thus obtained munitions of war. Howe tells of an encounter Captain Cunningham had with a British Frigate off Cape Henry. He narrowly escaped capture. He later joined the army and was taken prisoner at Portsmouth. Captain Cunningham was born at Hampton where several distinguished naval officers were also born the two Barrons, one of who was the father of Commander James Barron of U. S. Navy. Old Point Comfort on which stands Fortress Monroe is two and a half miles from Hampton. The name was given to it in 1607, by the first colonists of Virginia, who previous to their landing at Jamestown, called it Point Comfort. Hampton has been spoken of by some Virginia Historian as the "First Continuous English settlement". It has continued as a settlement, while Jamestown as such was destroyed, or "dwindled away". Virginia Soldiers of 1776 Volume III Page 1452 WILLIAM CUNNINGHAM, MAJOR "Know all men that we, Jack and Polly Cunningham, James Hamilton and Susannah R., his wife, Marritt, James and Lucy Cunningham, assign unto William Watkins Cunningham, all our rights to L. B. warrant due us for military services of the late William Cunningham as a Continental Major in the Revolutionary War". 7 Dec 1809, Witnesses, William Latimorc, Peter Sykes. William Watkins Cunningham assigned 500 acres to Henry King, 19 Feb 1810. Witnesses, William Henderson and David Grymes. Virginia Soldiers of 1776 Volume III Page 1453 JAMES CUNNINGHAM Exec, Dept. 23 December 1841, the heirs of James Cunningham is allowed L. B. for his services as a lieutenant in the State Navy for three years. S. Rutherford, Lieutenant Gov. Norfolk County Court, 26 Jan 1842, certified that James Cunningham, that serviced as Lieutenant in the Virginia State Navy and was lost at sea and the said James never married but left his brother William his heirs at law. The said William died in state about 1795, leaving the following children: James, Mary, Ann, William, Elizabeth and Robert B Cunningham. That James (son of William) died leaving two children: William E and Mary S (Brooks married name) Cunningham. Mary (daughter of William) married Alexander Wilson, and died leaving two daughters, Helen Wilson and Elizabeth Wilson Starke. Ann (daughter of William) married Thomas Gatewood and died leaving three children Philemon, William C and Elizabeth. Philemon died leaving his brother William and sister Elizabeth his heirs. Elizabeth married Gabriel Williamson and died leaving two children Thomas and Elizabeth Williamson, her heirs at law. William (son of William) d.s.p. Elizabeth (daughter of William) married Richard Gatewood. Copy teste; Arthur Emmerson, clerk, the following heirs at law of William Cunningham, brother of Lieutenant James Cunningham appointed James Murdaugh of Portsmouth their attorney, November 22, 1841. Elizabeth T B Gatewood, H E Starke, Elizabeth Starke, Helen L Wilson, Robert B and William E Cunningham, acknowledged William E Cunningham, Alderman, Norfolk Bor. William E Cunningham made acknowledged before William E Cunningham, Alderman, Warrant 8981 for 1000 acres and warrant 8982 for 3,000 acres issued 26 Jan 1842 to Helen Wilson, William E Gatewood, Elizabeth Starke, Elizabeth Gatewood, Robert Cunningham, William E Cunningham, Mary L Brooks, Thomas and Elizabeth Williamson. Book 111, page 503, Virginia Land Office.