Family Tree Maker's Genealogy Site: Genealogy Report: Descendants of John Waggener

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Descendants of John Waggener

Generation No. 3

7. JAMES HERBERT³ WAGGENER (HERBERT², JOHN¹) was born Abt. 1720 in Essex Co., Virginia, and died Abt. 1803 in Culpeper Co., Virginia. He married ANN JONES December 08, 1747 in Spotsylvania, Virginia, daughter of JAMES JONES and MARY. She was born Abt. 1730 in Spotslvania, Virginia, and died Abt. 1816 in Virginia.

Notes for JAMES HERBERT WAGGENER:
James Herbert Waggener was apparently born on the estate of his parents, Herbert and Elizabeth Waggener, in South Farnham Parish, Essex County. This estate was probably not far from the estate of his grandparents, John and Rachel Waggener, west of Tappahannock, along the north side of Hoskin's Creek. James moved to St. George's Parish in Spotsylvania County in the early 1740's, apparently a move up the Rappahannock River. He appears to have moved there in the same time frame with his brother John Waggener, as well as cousins Samuel Waggener, Jr., Erasmus Wethers Allen, Joseph Allen, and Lucrectia Waggener. Later they were also joined there with his younger brothers, Reuben and Greensby Waggener. James is listed as a witness on a couple of deeds there involving several of his cousins, in 1744.

In Spotsylvania County, James reportedly met and in 1747, married Ann Jones, daughter of James Jones. It is not known where exactly they lived in Spotsylvania County, or how long they lived there. Reportedly by 1771 (although probably earlier), James Herbert and Ann had moved further up the Rapidan River, to Culpeper County. Their estate there was adjacent to "The Horseshoe Farm," owned by the Garnett family, probably on the north side of the Rapidan River and near the town of Rapidan. They both apparently lived there until James' death in 1803. A fairly detailed description of this estate is included in the notes of their son John (deed dated October 8, 1804), who took ownership of it, and then sold it in 1804.

James Herbert Waggener made out his will in 1788, giving his estate first to his wife Ann, and expressing his desire to afterwards divide his estate amongst four of his sons (James, Thomas, Richard and John), and one daughter (Anne). It was not known why he left out one son (Herbert Green Waggener) and four daughters (Nancy, Mary, Lucy, and Elizabeth). It is also not known why James Herbert made up his will at the time. Possibly he was ill and thinking he was going to die, although in the will he says he is "well in body." From the Personal Property Tax Lists in Culpeper County, it appears that the amount of property that he had, declines pretty significantly in this time period. This could have been because he had begun dispersing property to his heirs, or there could be another explanation. He seems to recover some of the lost property, or acquire more, from the years 1790-95. James Herbert actually lived another 15 years after he wrote the will, although he apparently never changed it.

It appears that the land part of the estate, was divided up and distributed before James Herbert died in 1803. In 1795, he and Ann conveyed ownership of the land they lived on to their son John, who either lived with them or had a nearby house on the property. John in turn, mortgaged the property the next year to his 4 other brothers (including Herbert Green), and the husbands of 2 of his sisters (Mary and Lucy). There is no mention of the other 3 sisters (Elizabeth, Anne, and Nancy), in that agreement. Their oldest son Richard had already moved to Kentucky, probably about 14 years earlier. James Herbert's name apparently does not appear on the Culpeper Person Property Tax List after 1795, but his estate does appear on the list for 1803. It appears that son John claimed and paid taxes on this property during this period, although it is not clear why. Perhaps James was debilitated or disabled from this time until his death.

After James Herbert's death, his son John sold what was left of the estate and moved to Kentucky. Ann apparently took possession of the rest of the personal property, at that time through the will. Ann apparently went on to live with either her daughter Lucy and her husband John White, or her daughter Mary and her husband Ambrose Jones, in Madison County, Virginia, where presumably she died in about 1816.

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From Tyler's Quarterly, Genealogy of Virginia Families, Vol 2:

James Herbert left Essex County and bought land in Spotsylvania County around 1750. His brother John also bought land in Spotsylvania County about the same time (Crozier's Spotsylvania County Record, p. 206).

About 1750, in Spotsylvania County, James Herbert married Ann Jones, daughter of James Jones of Spotsylvania (Crozier's Spotsylvania Record, p. 32). By 1771, James Herbert and Ann had moved to Culpepper County, where James Herbert resided until he died.

(When I looked closely at the record noted above from 1750 in Spotsylvania County, I realized that it wasn't James' name, but rather it was his brother John. At this point I am not aware of any records indicating that James purchased property in Spotsylvania County.)

In his will dated August 28, 1788, and proved April 18, 1803 (Culpepper Will Book "D", p. 437), he bequeathed to his wife Ann all his estate both real and personal for her widowhood, at her death or marriage it was to be equally divided among his children: Richard, James, Thomas, John, and Ann Waggener. He appointed his sons, Richard, James, and Thomas as Executors. The witnesses were Robert Garnett, Beverly Bradley, and William Willis. James Herbert's son Richard Waggener and grandson-in-law, Beverly Bradley, had already moved to Kentucky by the time James Herbert died in 1803.

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From Virginia County Records, Volume 1, Spotsylvania County 1721-1800, edited by William Armstrong Crozier, 1978:

****** Spotsylvania County Records, Deed Book D-1742-1751. A deed dated March 4, 1744, between "George Cook and Sarah, his wife, of St. Geo. Par., Spts. Co., to Joseph Allen of Southfarnham Par., Essex Co." One of the witnesses listed is James Waggoner.

(Joseph Allen is most likely James' 1st cousin, son of Dinah Waggener and Erasmus Withers Allen.)

****** Spotsylvania County Records, Deed Book D- 1742-1751. November 15, 1744. Edward Coleman and Lucrea his wife, of St. George Parish Spotsylvania Co., Va., to Samuel Waggoner of Essex Co., and South Farnham Parish, 12 Pounds, 100 acres in St. George Parish, Spotsylvania Co., Va.
Witnessed by: James Waggoner. Joseph Reynolds, Kerenhappuch Reeves. February 5, 1744.

(Lucrectia Waggener Coleman, was James' 1st cousin, daughter of Samuel Waggener, Sr. and Christinia Price. Samuel Waggener Jr was her brother and also James' 1st cousin. )\\\\

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The date of the marriage of James Herbert to Ann Jones, December 8, 1747, 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

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From a DAR application #749241-Add-756 for Patricia Martin Bryson from 1994, based on "Virginia Public Claims, Culpeper County" compiled and transcribed by Janice L. Abercrombie & Richard Slatten,
pgs 34 & 36, and sent to me by Crystal Dingler:

The following record for "James Waggoner," documenting some of his contributions to the American Revolution in Culpeper County:

Oct. 1781 for 600# Beef
Nov. 1781 for 20 bu Wheat
Nov. 1781 for 300# Beef for Jerome Rosson

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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 Ann) 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:

****** From 1782 Personal Property Tax List from Culpeper County: "James Waggoner" is listed with 1 white male over 21, 6 slaves (named: George, Jude, Ben, Jos, Delphy, and Sarah), 7 horses, 19 cattle, and he paid taxes of 4 pounds, 8 shillings, and 9 pence.
His son "Ja. Jones Waggoner" seems to be listed with a John Williams Jun., who he apparently is working for.

****** From 1783 Personal Property Tax List:"James Waggoner" is listed with 1 white male over 21, 6 slaves (same names as above), 7 horses, 19 cattle, and he paid taxes of 4 pounds, 8 shillings, and 9 pence.
His son "Ja. Jones Waggoner" is again listed with John Williams Jr.

****** From the 1785 Culpeper Personal Property Tax List: "James Waggoner" is listed with 2 white males over 21, 1 white male under 21, 4 slaves over 16, 6 slaves under 16, 8 horses, 16 cattle, 12 number of heads tythable, and he paid a tax of 7 pounds.

****** From 1786 Culpeper Personal Property Tax List: "James Waggoner" is listed with 2 white males over 21, 5 slaves over 16, 7 slaves under 16, 7 horses, 16 cattle, 7 heads tythable, and he paid taxes of 7 pounds, and 18 shillings.

****** From 1787 Culpeper Personal Property Tax List: "James Waggoner" is listed with 1 white male over 21, 4 black males over 16, 7 black males under 16, 8 horses, and 16 cattle.
His son James has a separate listing under "James Jones Waggoner."

****** From 1789 Culpeper Personal Property Tax List: "James Waggener Senr" is listed with 2 white males over 21, 4 black males over 21, 7 horses, 6 tithables, and he paid a tax of 2 pounds and 14 shillings.
It appears that the amount of property James owned, was significantly reduced from 2-3 years earlier. Perhaps he had dispersed it already to his heirs, or perhaps he suffered some sort of economic losses. He had written his will in August of 1788. His son James Jones has a separate listing under "James Waggener."

****** From 1790 Culpeper Personal Property Tax List: "James Waggener" is listed with 2 white males over 16, 4 black males over 16, 1 black males under 16, 1 black male under 16, 5 horses, 6 tithables, and he paid a tax of 3 pounds.
His son James is also listed as "James Waggener," but has less property.

****** From 1791 Culpeper Personal Property Tax List: "James Waggener, Senr" is listed with 2 white males over 16, 4 black males over 16, 1 black male under 16, 6 horses, 6 tithables, and paid taxes of 3 pounds and 2 shillings.
His son James is listed as "James J. Waggener."

****** From 1792 Culpeper Personal Property Tax List: "James Waggener Snr" is listed with 2 white males over 16, 4 black males over 16, 1 black male under 16, 6 horses, 6 tithable, and paid taxes of 4 pounds 2 shillings.

****** From 1793 Culpeper Personal Property Tax List: "James Wagener" is listed with 2 white males over 16, 4 black males over 16, 3 black males under 16, 6 horses, 6 tithable, and paid taxes of 4 pounds 2 shillings.
His son James is listed as "James J. Wagener."

****** From 1794 Culpeper Personal Property Tax List: "James Waggoner" is listed with 1 white male over 16, 5 black males over 16, 3 black males under 16, 5 horses, and 5 tithables.
His son James is listed as "James J. Waggoner."

****** From 1795 Culpeper Personal Property Tax List : "James Waggoner" is listed with 2 white males over 16, 6 black males over 16, 3 black males under 16, 8 horses, and 8 tithable.
His son James is listed as "James J. Waggoner."

This is the last year that James Herbert Waggener is listed on the property tax list, other than the record below of his estate in 1803, apparently after his death. As noted below, this is the year that he and Ann made their land over to their son John, and the next year, he turned around and paid 300 pounds to what must have been his surviving siblings. It appears from the records of John on the lists from 1796 to 1803, that he was paying the taxes on the property of his parents during these years, after which it went apparently went to Ann through the will.

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From "The Kay-Pendleton-Neel Families" by George and Margaret Rose, 1969:

Will of James Waggener of Culpeper County, Virginia
Culpepper County Wills 1803 p. 437-8

In the name of God amen. I James Waggener of Culpeper County being well in body and of sound mind and memory calling to the uncertainty of this Life do make and ordain this my last will and Testament and first I desire to assign my soul to God who gave it hoping through the merits of Jesus Christ my savior to receive to God who gave it hoping through the merits of Jesus Christ my Savior to receive perfect redemption of all my sins, and as to what worldly goods it hath pleased Almighty God to bestow upon me after my just debts are paid I give and bequeath the manner following,

Viz, I lend to my beloved wife Ann Waggener all my estate both real and personal during her widowhood after her death or marriage my desire is that all my Estate shall be divided amongst all my children to them and their heirs forever Viz, Richard Waggener, James Waggener, Thomas Waggener, John Waggener, Anne Waggener but if any of these children die without lawful issue their parts shall be equally divided amongst the rest of children then living, and whatever any of these my children have had or may have of my Estate shall be deemed so much of their parts, and lastly I do appoint my beloved sons Richard Waggener, James Waggener, and Thomas Waggener Executors of this my last will and Testament Given under my hand this 28th day of August 1788.

Signed sealed and Acknowledged
in presence of
James Waggener (Seal)

Robert Garnett
Beverly Bradley
William Willis

At a court held for Culpeper County the 18th day of April 1803 this last will and Testament of James Waggener Dec., was exhibited to the Court and proved by the oaths of Robert Garnett and William Willis two of the witnesses thereto and ordered to be Recorded and on the motion of Thomas Waggener on to the Executors therein names Certificate is granted him for obtaining a probate thereof in due form he having made oath thereto and given bond and Security according to Law liberty being reserved for the other Executors to join in the probate when they may think fit.

Teste John Jameson, Clerk Ct.

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****** In 1795, James and Ann made over to their son John the 150 acres in Culpeper County, on which they lived (Culpepper Deed Book "S", p. 169).

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***** The next year, on February 26, 1796, (Culpeper Deed Book "S", p. 483), for "three hundred pounds current money" son John mortgaged this 150 acre tract of land to " Richard Waggener of Kentucky, James Jones Waggener of Culpepper, Thomas Waggener of Madison County, Herbert Green Waggener of Culpepper, and Ambrose Jones and John White, both of Madison County." (Ambrose Jones was the husband of daughter Mary Waggener, and John White was the husband of daughter Lucy Waggener.) The indenture further describes the tract of land as "on which the said John Waggener now resides," and mentions "on or before the death of James Waggener the elder of Culpepper County."

The indenture describes the tract of land in Culpepper County as "bounded by the lands of William Morton, Samuel Dogan, and Robert Garnett and the Rapidan River."

This Robert Garnett, who also witnessed James Herbert's will and subsequent proving, is the father of Elizabeth, Sally, and Mary Garnett; the three Garnett's who married James Jones, Thomas, and John Waggener, respectively. The land owned by Robert Garnett at that time on the Rapidan River, was the estate known as "The Horseshoe," near the confluence of the Rapidan and Robinson Rivers. This estate was originally conveyed to Robert's father Anthony, and was part of a very large land grant given originally to Governor Alexander Spotswood. Although the Garnett house is gone, this estate was still in existence today (1999). This would seem to indicate that James Herbert and Ann Waggener's estate in Culpepper County was near "The Horseshoe" estate, which was on the north side of the Rapidan River and the east side of the Robinson River.

The document is witnessed by several Willis', including William, who apparently also witnessed James Herbert's will, and who might be the father or brother of Elizabeth Nancy (Willis) Waggener, wife of Herbert Green Waggener.

(See the notes of James Herbert's son John, for a fairly complete transcript of this indenture.)

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There is one more record found by Crystal Dingler, of what seems to be of the estate of James Herbert Waggener, on the Culpeper County, Virginia Personal Property Tax List 1803-1823, LDS Microfilm #2024518:

****** From the 1803 Culpeper Personal Property Tax List: "James Waggoner, Est." [estate?] is listed with 0 white males, 5 blacks over 16, 0 blacks 12-16, 3 horses, [no carriages, etc or stud horses], total
tithables 5; tax: $2.66

As noted above, from 1795 until 1802, James Herbert's son John seems to have claimed and paid taxes on the personal property of his parents. We know from the 1795 deed that James and Ann gave their son John what was apparently their land, and that John apparently pays off the other heirs of James Herbert for that land, in the indenture of 1796. John was living on the estate, and apparently worked out a deal with his parents to use the other property during this time, with the understanding that it would go to his mother at the time of his father's death, as outlined in the will from 1788.

Notes for ANN JONES:
From "A Book of Garetts" by Hester Elizabeth Garrett:

According to Crozier's Record, Page 32, from Spotsylvania County, and Tyler's Record, Ann is listed as the daughter of a James Jones.

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From "Notes on Kay and Allied Families," by Mrs. M. W. Hiden, Newport News, Virginia; (Originally published in April of 1939, but amended apparently several years later):

A Mr. Trist Wood of New Orleans had in his possession, several letters from his ancestor and oldest brother of Lucy (Waggener) White, Richard Waggener. One of the letters is dated September 28, 1909, and written by "Mrs. Lucy White, of Madison Co., Virginia," to her brother Richard in Barren Co., Kentucky.

She wrote, "I ad no more but remain your affectionate sister, Lucy White. Johnny White with the rest of the family joyns me with respects to you and your family family. Mother sends her love to you all."

This letter seems to show that Lucy's mother Ann (Jones) Waggener was living in Madison County, after the death of her husband James Herbert Waggener, in about 1803 or 1804. Presumably she was living with either her daughter Lucy and her husband John White, or her daughter Mary and her husband Ambrose Jones.

**********************

There is another letter from Mr. Wood, signed "Richard and Caty Waggener," but apparently written by Caty to her brother Rev. Richard Gaines, and dated "September 19" (apparently 1816 or 1817). She would have been in Barren County, Kentucky at the time.

In this letter Caty writes: "We have heard of the death of our old Mother Waggener, she died last April."

This seems to be the source of Ann's date of death, and although it does not tell where she was, it does seem to indicate that she was not in Barren County, Kentucky.

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From the first letter above and the 1810 census record, it seems pretty apparent that Ann was living in the household of her daughter Lucy and her husband John White, in Madison County, in 1810. Since she was in her 80's at that point, it seems very likely that she would have spent the rest of her life there with Lucy and John White, and died there in Madison County.

Children of JAMES WAGGENER and ANN JONES are:

22.	i.	JAMES JONES⁴ WAGGENER, b. May 06, 1758, Spotyslvania Co., Virginia; d. Abt. March 1822, Todd Co., Kentucky.
23.	ii.	RICHARD WAGGENER, b. December 18, 1748, Spotsylvania Co., Virginia; d. Abt. January 1818, Barren Co., Kentucky.
	iii.	ELIZABETH WAGGENER, b. February 12, 1750/51, Spotsylvania Co., Virginia; d. Unknown.

Notes for ELIZABETH WAGGENER:
Elizabeth's 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.

24.	iv.	MARY "MOLLY" WAGGENER, b. February 02, 1754, Spotsylvania Co., Virginia; d. 1839.
25.	v.	LUCY WAGGENER, b. April 10, 1756, Virginia; d. Aft. 1830.
	vi.	NANCY WAGGENER, b. May 03, 1760; d. 1761.

Notes for NANCY WAGGENER:
Nancy's 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.

26.	vii.	SERGEANT THOMAS WAGGENER, b. November 15, 1762, Culpeper Co., Virginia; d. October 16, 1842, Oak Grove, Christian Co., Kentucky.
27.	viii.	JOHN WAGGENER, b. March 08, 1765, Culpeper Co., Virginia; d. June 14, 1830, Adair Co., Kentucky.
28.	ix.	HERBERT GREEN WAGGENER, SR., b. April 15, 1768, Culpeper Co., Virginia; d. July 29, 1834, Hardin Co., Kentucky.
	x.	ANNE WAGGENER, b. October 03, 1771; d. Unknown; m. JOHN HUGHES, October 15, 1785, Culpeper Co., Virginia; d. Unknown.

Notes for ANNE WAGGENER:
Ann's 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.

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From the Marriages of Culpeper County, Virginia, 1781-1815; compiled and published by Catherine Lindsay Knorr, 1954:

****** 15 October 1785. John Hughes and Ann Waggoner. Minister John Price, Baptist. P. 51

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