| Notes |
- John Young died shortly before 17 March 1747, the date of his estate appraisal. Bits and pieces of the estate documents were abstracted in Chalkley's I and III. They show that John's brother, James Young, was granted administration of John's estate on 17 June 1747. As far as I can tell, James Young of Whistle Creek was the only James Young in Augusta Co. of the same generation as John was. I have not found any records for a mysterious "second" James Young in the area during the 1740s. There are no deeds, no road orders and no court records.
We know from the estate records that John died intestate -- without a will -- because James Young was the court appointed administrator of the estate rather than the executor of a will. We also know that John died without descendants because his brother James was referred to as "his nearest heir." By law, a brother could only be an heir if the deceased had no living descendants. At a minimum, this means that John Young who died in 1747 was not John Young who married Annie Houston in Ireland and left a number of sons. One rather clumsy abstract in Chalkley's has led Young researchers to say that both John Young and James Young were dead before 17 March 1747, however that is not the case.
Records clearly show that John's brother James was granted administration of the estate on 17 June 1747 and that he handled the estate until its close in March 1749. Robert Young was a surety for James Young as administrator and Hugh Young was mentioned in the 1749 estate distribution. See the following records:
*Chalkley's I, page 431: "Young's appraisement. James Young and John Young, deceased. 17th March, 1747." [Original Petitions And Papers Filed in the County Court. 1745-1748]
*Chalkley's III , page 8: Will Book 1 "Page 76.'97 17th March, 1747. John Young's appraisement."*Chalkley's I, page 29: "June 17, 1747 Order Book No. I. (216) Administration upon John Young granted to James Young (his brother.)"
*Chalkley's I, page 431: "James Young's petition to administer on estate of John Young, his brother and nearest heir, 17th June, 1747." [From Original Petitions And Papers Filed in the County Court. 1745-1748]
*Chalkley's III, page 7: Will Book 1, "Page 46.'97 17th June, 1747. James Young (I) qualifies administrator of John Young, with sureties Partt Martin, Robert Young."*Chalkley's III, page 33: Will Book 2 "Page 32.'97 25th March, 1749. John Young's estate, Dr.[distribution] to James C. Young, administrator: To funeral charges, \'a3 4. To cash, by Henry Downs, Capt. Danl. McAnare. Capt. John Brown, Hugh Young, Robt. Scott, Robt. Bovd, John Davis." Even though we have not seen the land record itself, we know from a variety of records that John Young had land in the Beverley Patent on Back Creek. The question is, what happened to the land after John's death? I believe the land was divided among his heirs-at-law, in other words, his brothers James, Robert, and Hugh Young. This would explain why they all acquired adjoining land on Back Creek on 27/28 February 1749 -- shortly before the final accounting in John Young's estate. In fact, the deed to Robert Young actually refers to the land as "part of John Young's land in Beverley Manor on Back Creek."
*Chalkley's III, Page 282: Deed Book 2 Page 638.--27th February, 1749. Same [William Beverly] to Robert Young, planter (farmer) part of John Young's land in Beverley Manor (234 acres) on Back Creek. Corner to Hugh Young and John Trimble; corner William McPheeters; corner James Young. Teste: Thomas Stewart and Charles Dalhouse. The abstracted deeds to James and Hugh Young do not contain the same explicit language about John Young's land, but that language may be in the original deeds.
*Chalkley's III, page 281: Deed Book 2 Page 547.'97 28th February, 1749. Same [William Beverley] to Hugh Young, farmer, 200 acres in Beverley Manor, joining his former survey. Pat. Martin's line. Corner Pickin's old place; William McClintock's line. Teste: John Brown.
*Chalkley's III, page 283: Deed Book 2, Page 645.'97 28th February, 1749. Same [William Beverley] to James Young, planter, 436 acres in Beverley Manor on Back Creek. Corner Robert Young; McFeeter's line; corner Andrew Pickens; corner Robert Campbell; corner Patrick Martin. Teste: John Wilson, John Gay. Although it seems odd that William Beverley was the grantor on the deeds if the land actually belonged to John Young, there are several other deeds for the same period that do the same thing. One involves the land in the estate of Patrick Cook, the husband of Jane Young Cook, the probable sister of John, James, Hugh and Robert Young:
*Chalkley's III, page 284: Deed Book 2, Page 686.'97 1st March, 1749. Same [William Beverley] to Jean [Jane] Cook, widow, and John and Mary Cook, minors (the whole contains 802 acres), 2/3 of 2 tracts in one place, and to John Cok the remainder of the other third sold to Jane Cook, widow, during her life, according to will of Patrick Cook, her late husband. 1748, in Augusta'97 Nathan Lusk's line; John McCutchin's line. Teste: James Lockhart, Robt. Young. ---One likely explanation is that John Young and Patrick Cook (et al.) had not paid off the land when they died and that money was still owed to William Beverley. As a result, the heirs/beneficiaries had to pay off what was due on the land to get clear title from Beverley." (end of quoted email from Janice McAlpine) The last mention of John Young we have in the records is at the end of this 1802 record in court testimony in Chaukley, VII.
*"Sept 1802, McPheeters vs. Moffett--Involves land conveyed to Beverley to Crockett, 26th February, 1740. Copy of deed. Deed, Robert Crockett and Margaret to William McPheeters, 23d November, 1743. Deed Robert Crockett and wife, same. William McPheeters, demandant, is son of above William McPheeters. Deposition James McClery, taken in Fayette County, Kentucky, third Monday June, 1798: In the Spring of 1742 he settled in Augusta County within 3 miles of lands in dispute. He lived in Augusta until October, 1785. Deposition before Samuel Blair, J. P., J. Bell, Elij Poage, George Trotter. John Brownlee deposes in Augusta, 3d July, 1798, that he has lived where he now lives since 1st November, 1740; he has always been a member of that society, and is nearly related to John Moffett, the defendant. John Tate also deposes that he has lived where he now lives for 53 years in October last, and had been acquainted with the lands for two years before he came to live in the neighborhood. Captain Samuel McPheeters deposes at same time that he has lived in and near where he now lives since 1741. Mathew Wilson deposes at same time that he has lived near where he now lives 60 years. John Young lived on the plantation 55 years ago and upwards." (Fifty-five years ago would have been 1747.)
His death date of 1747 is usually listed as his father's death date and will instead. This is absolutely incorrect as this John Jr., son of John and Annie Houston Young, died in 1747 without having any surviving children in his will. John Jr. Young therefore, is NOT the John of Naked Creek, Virginia either. His estate went to his brothers, James, Robert, Hugh and likely sister, Jane Cooke's husband, Patrick.
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