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Descendants of John Waggener

6. BENJAMIN² WAGGENER (JOHN¹) was born Bet. 1690 - 1695 in Essex Co., Virginia, and died Abt. 1749 in Essex Co., Virginia. He married MARTHA GREENHILL in Essex Co., Virginia, daughter of WILLIAM GREENHILL and MARTHA. She was born Unknown, and died Abt. 1756 in Essex Co., Virginia.

Notes for BENJAMIN WAGGENER:
Benjamin is described in a couple of places as being the youngest son of John and Rachel Waggener. It seems to be implied in some records that he was "the baby" of the family, and that there probably was a gap between him and the other children. He is mentioned in the will of his brother John Jr. in 1696, but I am guessing that he was very young. I have estimated that he must have been born between 1690 and 1695. He is also described as the last of the Waggener brothers of his family to die. He apparently inherited his parent's plantation in Southfarnham Parish of Essex County, and lived there with his wife until he died. The plantation seems to have passed to his son Benjamin Jr. (with possibly part of it to son Nathan), and was apparently sold around 1770.

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From Dorman, ESSEX COUNTY, VIRGINIA RECORDS, 1717-1722, pp 244-45; 288-289; from Walter S. Waggoner:

****** 13 Feb. 1720 [1721]. George Ward of Southfarnham Parish, Essex County, appoints Benja. Wagoner my well beloved Godson of the parish aforesaid to be my attorney [with general powers to recover debts due and make deeds].
Geo. Ward

Wit: A. Somervell, Wm. [X] Greenhill and John Byrom.

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****** 9 May 1721. George Ward of South Farnham Parish, Essex County, constitutes my trusty and welbeloved friend William Grenall of the same, attorney to acknowledge unto my welbeloved Godson Benjamin Wagener of the same a deed of gift
9 May 1721.
Geor Ward

Wit: A. Somervell, Emanuel Hearne, Jno. Byrom.
16 May 1721. Proved by Alexander Somervell, Emanuel
Hearne and John Byrom.

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***** 9 May 1721. George Ward of South Farnham Parish, Essex County, for true love, good will and affection which I have and bear towards my well beloved Godson Benjamin Wagoner of same. All my land, containing 300 acres, and all my Negroes, by name Martin, Jegery and Bess, and all my cattle, hogs, goods, wares, plate, jewells, ready money, household stuff, implements, after my decease.
George Ward

Wit:A. Somervell, Emanuel Hearne, Jno. Byrom.
16 May 1721. Acknowledged by Wm. Greenhill his attorney

(It seems very likely that this George Ward is the brother of Benjamin's mother, Rachel. George also gave a deposition in 1708 with Benjamin's parents John and Rachel Waggener, concerning Nathaniel Pendleton. William Greenhill is Benjamin's father-in-law, or possibly his brother-in-law.)

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From Index to Marriages of Old Rappahannock and Essex Counties, Virginia, 1655-1900; by Wilkerson, Eva Eubank; Richmond, VA: Clearfield Company, 1953:

****** 1726, Greenhill, Martha, daughter of William, married Benjamin Waggener; Book W-4, page 159

This record must be in error. In the will of Martha's father, dated 1725 and proved in 1726, he mentions Martha as being the husband of Benjamin, and he bequeaths property to three of their children: Martha, William, and Rachell.

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From "Waggoner Family 1670 to 1970" by Earl Wagner, 1970:

Will of Benjamin Waggener, Essex Co., Va., Dec. 11, 1748

In the name of God Amen. I Benjamin Waggener of the Parish of Southfarnham in the County of Essex being very sick and weak but in perfect sense and memory and knowing the uncertainty of this transitory life do make and appoint this my last will and testament in manner and form following

Viz Item I give and bequeath unto my eldest Son William Waggener the land from the popler at the going over from the Plantation where I now live to the Plantation where my father lived till coming opposet to the bottom that makes from Danniel Daileys Spring branch.

Item I give and bequeath unto George Garrett two acres of land from the corner of Beverleys land adjoining to the land afores.

Viz item I tend unto my beloved wife the Plantation where I now dwell on During her Natural Life and after her Decease I give it to my Son Nathan Waggener to him and his heirs forever and the land also where my father formerly Dwelt excepting the Land I leave to my Son William Waggener and George Garrett.

Item I give and bequeath unto my Son Benjamin Waggener all the land that I exchanged from Putley being two hundred acres lying over the branch to him and his heirs forever.

Item I tend to my wife all my personal and Raiel estate during her natural life.

Viz item I give and bequeath unto Samel Alen Thirty pounds current money for the molatter that I sold that his wifes Grand father left her in full of all her portion of my estate to him and his heirs.

Viz Item I leave my Estate and personal and Raiel after my wifes Decease to be equeally Divided among my children here mentioned William and Dinah, Benjamin, Nathan and Frances Rachel Sarah and Lette.
Lastly I do hereby nominate and appoint my well beloved wife and my Son Benjamin Wagener hole and so Executors of this my Last will and testament In witness whereof I have set my hand and Seal this Eleventh Day of December One Thousand Seven Hundred Forty eight.
Sealed and Signed in the presence of
      Philip Jones
      Ambrose Jones Benjamin Waggener Seal
      William Lower

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From VIRGINIA COUNTY COURT RECORDS, WILL ABSTRACTS of ESSEX COUNTY, Virginia 1748-1750, v. 5, Edited & Published by Ruth and Sam Sparacio, THE ANTIENT PRESS, Copyright 1992, pp 45-47; from Walter S. Waggoner:

At a Court continued and held for Essex County at Tappa: on the 22d. day of March Anno Dom: 1748 This Last Will and Testament of BENJAMIN WAGGENER deceased was presented in Court by MARTHA WAGGENER, one of ye Exrs. therein named who made Oath thereto as the Law directs, & ye same being also prov'd by the Oaths of PHILIP JONES & AMBROSE JONES two of the witnesses thereto was ordered to be recorded and is truly recorded; & on ye motion of the said Executrix & her performing what the Law in such case require a Certificate is granted her for obtaining a probate thereof in due form
Test JOHN LEE, C. E. Cur.

KNOW ALL MEN by these presents that we MARTHA WAGGONER, SAML. ALLEN & JAMES ALLEN are held and firmly bound unto FRAS: SMITH, BENJA: WINSLOW, FRANS. WAIRING & JOHN ROUZEE Gent., Justices in the Commission of the peace for Essex County in the sum of Five hundred pounds, to the which payment well and truly to be paid we bind ourselves our heirs firmly by these present; Sealed with our seals, dated this 22d. day of March Anno dom: 1748

The Condition of this obligation is such that if the above bound MARTHA WAGGONER, Execr. of the last Will and Testament of BENJAMIN WAGGONER deceased, do make a true and perfect inventory of all the goods chattles and credits of the said deceased, and the same so made do exhibit in the County Court of Essex at such time as she shall be thereunto required by the said Court; And the same goods chattles and credits do well and truly administer according to Law, And further do make a true and just account of her actings and doings therein when thereto required by the said Court; And also shall well and truly pay and deliver all the Legacies contained and specified in the said Testament as far as the said goods chattles and credits will thereunto extend and the Law shall charge, Then this obligation to be void and of none effect or else to remain in full force and virtue MARTHA her mark X WAGGONER
SAMEL ALLEN
JAMES ALLEN

At a Court continued and held for Essex County at Tappa: n the 22d. day of March Anno Dom: 1748 MARTHA WAGGONER, SAMUEL ALLENand JAMES ALLEN acknowledged this Bond to be their act and deed which was ordered to be recorded and is truly recorded Test JOHN LEE, C. E. Cur"

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From Crystal Dingler:

****** From the Essex County Clerk of Court Files, Deed Book #27, Pgs. 140-141:
There is an indenture dated July 14, 1755, between Martha Waggener and her son Benjamin Waggener. Benjamin agrees to take care of his mother, and in exchange she gives him the estate, buildings, and property left her by her "husband Benjamin Waggener Deceased." (See Benjamin Jr's notes for further details)

****** From the Essex County Clerk of the Court Files, Will Book #10, page 100:
There is a record of a bond, dated October 16, 1756, which seems to obligate Benjamin's son and executor, Benjamin Waggener Jr., to make a full and complete inventory of all "goods, chattels, and credits" of his father's estate. The bond is signed by Benjamin Jr. and Sam Allen.

****** In same Will Book, page 141: A document dated April 19, 1757, describes "An account of the sale of the estate of Benj. a Waggener deceased Sep 26th 1756" by Benjamin Waggoner (Jr.) Executor. This seems to indicate that he sold apparently what was left of the estate. The amount of the sale of the whole estate was listed as just over 67 pounds, of which it appears Benjamin Jr. bought over 60 pounds worth. Although it does not mention it, presumably this money was divided amongst the surviving children, as was directed in the will.

Children of BENJAMIN WAGGENER and MARTHA GREENHILL are:

	i.		DINAH³ WAGGENER, d. Unknown.
	ii.		BENJAMIN WAGGENER, JR., d. Aft. 1793; m. MARY; d. Unknown.

Notes for BENJAMIN WAGGENER, JR.:
It appears that Benjamin Waggener Jr. lived with his parents until their deaths, on what must have been his grandfather John Waggener's original plantation, in Essex County. Benjamin Jr. must have been at least in his 30's, if not older when they died, and at that point he was not married. He did get married later, to a women named Mary, but it would seem that the had no children. He was executor of his father's estate, and apparently received most of it. He appears to have sold most of his father's plantation in 1770, and possibly some that had been left to his brother Nathan in 1775. Apparently his brother Nathan moved out of the area, and Benjamin cleared up his affairs in Essex County. It appears that Benjamin must have died shortly after 1793, in Essex County.

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All of the records listed below came from Crystal Dingler:

****** From the Essex County Clerk of Court Files, Deed Book #27, Pgs. 140-141: There is an indenture dated July 14, 1755, "Between Martha Waggener of the County of Essex and the Parish of Southfarnham of the one part and her son Benjamin Waggener of the County and Parish aforesaid of the other part." The indenture concerns "said Martha Waggener for and in consideration of her Minten during her Natural Life." Benjamin agrees to take care of his mother, and in exchange she gives him the estate, buildings, and property left her by her "husband Benjamin Waggener Deceased." It is noted that if Benjamin Jr. should happen to die before his mother, everything reverts back to her.

There is an interesting clause about what should happen if "said Benjamin should marry during the said Martha's Life and the wife of the said Benjamin Should any ways Disagree with the said Martha his mother." If that should happen, "said Benjamin shall build a house a distance off from the present dwelling on the said Land and Plantation for the said Benjamin and his wife to dwell in and the said Martha shall be no ways Discomposed or interrupted in the liberty of Conviences of her own house." The indenture goes on to add that even if this should happen, the agreement remains intact. It witnessed by Frances Waggener, John Allen, and Rachel Waggener.
(Frances and Rachel are Benjamin Jr.'s sisters, and John Allen is probably a cousin)

****** There are two documents mentioned in the notes for Benjamin Sr., which are dated October 16, 1756 and April 19, 1757, and which concern Benjamin Jr. taking care of his father's estate.

****** From the Essex County County Clerk of Court Files, Deed Book #28, pgs. 263-264: There is a bill of sale dated June 16, 1760, in which a James Bates sells to Benjamin Waggener, "one Negro boy named Essex." The selling price is listed as, "Fifty three pounds Eight shillings current money." The document is witnessed by Mark Davis and Ambrose Greenhill.

****** From Essex County Clerk of Court of Court Files, Deed Book #30, pgs. 26-27: Dated 1765; Benjamin mortgages the 200 acres on which he lives and the slave Essex for 204 pounds to James Ritchie and the Company of Glasgow on North Britian.

****** From the same deed book above, pg. 312: Dated December 23, 1769; Nathan Waggener gives his "well beloved brother" Benjamin Waggener, power of attorney to act for Nathan. Witnessed by Richard Allen, Rachel Waggener, Elener Armstrong.

******Also from the same deed book, pgs 333-335: Dated May 1770; Benjamin sells the land devised to him by his father's will, consisting of 239 acres, to Robert Payne Waring for 335 pounds, 12 shillings. The land was on the north side of Hoskins Creek, bounded by Waring's land, Nathan Waggener's land, and Richard Meador's land.

This appears to be the original plantation of Benjamin Jr.'s grandparents, John and Rachel Waggener, originally purchased 80-100 years earlier. This parcel and the one below, as well as several other adjacent parcels, were apparently purchased between 1770-1773 by an Alexander Smith. In his will (Essex Co. Will Book 12, p.570) dated December 9, 1773 and probated December 20, 1773, he bequeaths all of these parcels of land to his son Samuel Smith.\\\

****** Again from the same deed book, pgs. 426-428: Dated May 20, 1771; Nathan Waggener sells 92 acres and one half of land, bounded by Waring's land, the land of William Waggener deceased, that of the heir of John Forteleroy deceased and Byrom's land, to Benjamin Waggener for 92 pounds 10 shillings.

This parcel is also probably part of the original plantation of Benjamin's and Nathan's grandparents, John and Rachel Waggener.

****** Still the same deed book, pgs 266-267: Dated 1775; Benjamin Waggener sells 34 acres of land which he purchased on May 20, 1771, from his brother Nathan Waggener, to Robert Payne Waring, Planter, for 34 pounds. The parcel of land is bounded by Waring's land, land of the heirs of Mary Byrams, Benjamin's own land, and the land of Nathan Waggener.

****** Essex County Clerk of Court Files, Deed Book #32, Pgs. 181-183: Dated July 23, 1783; Benjamin Waggener and his wife sell the 40 acre tract of land known as "The Pleasant" to Nathan Shipley for 100 pounds. The land is bounded by the Mulberry tree between the house of Benjamin Waggener and the main road, on the line between the land of Benjamin Waggener and that formerly called "Byrums," west to Capt. Waring's ditch, south to a red oak between Benjamin Waggener's and Waring's land, and that which was formerly Nathan Waggener's thence east to the land that was formerly Fauntleroys.

****** Essex County Clerk of Court Files, Deed book unknown, Pgs. 8-10: Dated September 17, 1793; Benjamin and his wife Mary sell 19 acres of land to William Meador for 24 pounds, retaining the right for Benjamin, his wife Mary, and his sister Rachael, to live on and to repurchase the land during their lifetimes.

	iii.	MARTHA WAGGENER, d. Unknown.
21.	iv.	WILLIAM WAGGENER, d. Bef. 1771.
	v.	RACHELL WAGGENER, d. Unknown.
	vi.	NATHAN WAGGENER, d. Unknown.

Notes for NATHAN WAGGENER:
Nathan was born in Essex County, but apparently left it sometime in the 1760's and left his affairs to be handled by his brother Benjamin.

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All of these record came courtesy of Crystal Dingler:

****** From Essex County Clerk of Court Files, Deed Book #30, pg. 312: Dated December 23, 1769; Nathan Waggener gives his "well beloved brother" Benjamin Waggener, power of attorney to act for Nathan. Witnessed by Richard Allen, Rachel Waggener, Elener Armstrong.

****** From the same deed book, pgs. 426-428: Dated May 20, 1771; Nathan Waggener sells 92 acres and one half of land, bounded by Waring's land, the land of William Waggener deceased, that of the heir of John Forteleroy deceased and Byrom's land, to Benjamin Waggener for 92 pounds 10 shillings.

As mentioned in the notes of Nathan's brother Benjamin Jr., this parcel was probably part of the original plantation of their grandparents, John and Rachel Waggener. It was given to Nathen by his father Benjamin Sr., and apparently later sold by his brother.

***** Still the same deed book, pgs 266-267: Dated 1775; Benjamin Waggener sells 34 acres of land which he purchased on May 20, 1771, from his brother Nathan Waggener, to Robert Payne Waring, Planter, for 34 pounds. The parcel of land is bounded by Waring's land, land of the heirs of Mary Byrams, Benjamin's own land, and the land of Nathan Waggener.

	vii.		FRANCES WAGGENER, d. Unknown.
	viii.		SARAH WAGGENER, d. Unknown.
	ix.		LETTE WAGGENER, d. Unknown.

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