John Walker III (1705-c1776)

Vita

 * Born: March 1705, probably in Wigton, Scotland. This DOB is given in White 1902:6.  White 1902 is our only known source of information about the Wigton Walker line prior to their appearance on Borden's Grant about 1738, in modern Rockbridge County, VA.  White 1902 identifies John Walker III as the eldest son of John Walker II (c1682-1734) and Katherine Rutherford (c1681-1738).  White 1902:3 tells us that the latter couple married in Wigton Scotland, on 7 January 1702.  A DOB of 1705, and a POB of Wigton, is consistent with this date.  These data are based soley on information in White 1902. No primary record has been identified that would support, or refute, this information.  This datum is broadly accepted simply because we have nothing better to go on for John Walker III.
 * Died: c. 1776 in Castle's Woods, VA. The DOD for John III is known only approximately.  His will is commonly dated to 1773, but the basis for this is unknown.  His will was probated in 1778, in Old Washington Co, VA, indicating that he had died by that date.  There is, however, reason to believe that the actual DOD was several years prior to this.  In particular, a number of wills are entered into the records of Old Washington Co. in 1778.  This is believed to be related to changes in inheritance laws imposed by the State Legistlature about 1776.  These laws dealt with cases where an individual had claimed a parcel of land based on corn rights, or other type of warrant, and had died prior to having received full rights to the land.  In frontier areas it was not uncommon for several years to pass between initial settlement, and securing final rights to the land.  The new laws required that in these circumstances, the heirs of the original claimant, could secure title to the land only when a will existed that demonstrated that they were the claimants heirs.  Heretofore, the need to demonstrate the existence of a will was probably not high on the list of priorities for settlers on Virginia's frontier.  This new law, however, made it necessary for the existence of such wills to be established.  As a result, numerous wills were entered into probate in 1778, where prior to that date, there had been none.  This seems to be the case with the property owned by John III.  At the time of his death he had not secured final rights to the property.  John IV  therefore submitted his will to the County Court, in order to demonstrate that the was indeed heir to John III, and therefore enitled to the land on Sinking Creek. Additional data  that supports the idea that John III died prior to 1776 is found in the fact that his will names his son Samuel who was killed in 1776, as well as his grandson William who was captured by Indians at the same time.  Since John III mentions both in his will, it is presumed that the will was written before these events. This does not necssarily prove that he did not died after 1776, but it seems likely that his death occurred before that date.


 * Burial: There is no data that seems to speak to the question of where John III was buried.  It seems likely that he was buried either on his own property on Sinking Creek near Castle's Woods, or perhaps at the family cemetery on Fall Creek, on the property of his son-in-law, Patrick Porter.

Ancestry
White 1902:6 identifies John III as the eldest son of John Walker II (c1682-1734) and Katherine Ruthrford (c1682-1738). This relationship is not questoned, but we have no primary source of information that upport it.

Spouse(s)

 * Ann Houston, is identified as the daughter of Christopher Houston (? - c1726) and Martha, of Mill Creek Hundred, New Castle Co., DE through a comparison of the wills of Christopher Houston amd his son Samuel. Heirs listed in both wills (e.g., wife Martha, sister Ann, etc) are consistent between both wills.  Christopher specifically identifies Ann and Samuel in his will, along with his mother Martha.  Ann later appears in Samuel's will of ????, where she is identified as "Anne Walker".  This indicates that she had married John Walker by the time her brother's will was written in 1739.  This is consistent with the 1734 DOM for Ann and John III as given by White 1902.

Child List

 * Susannah Walker (1736-c1815) = Patrick Porter (1731-c1814)
 * Mary =Andrew Cowan
 * Jane =William Cowan
 * Hetty = Robert Bell
 * John Walker IV (c1740-c1817) aka "Indian Killer" ="Miss Long"
 * Samuel = (>1734-1776)
 * Margaret = John Snoddy
 * Ann = Samuel Cowan
 * Martha = Alexander Montgomery

Family History
The early history of this family is largely based on White 1902:6. She tells us that
 * John Walker III the emigrant, b. March 1705, m. Ann Houston (or Huston) March 1734. They moved from Pennsylvania in company with his brother-in-law, John Campbell, and settled in Augusta Co., VA. The Walker's and Hay's soon removed to Rockbridge County, the Creeks on which they settled being named for these two families.  He d. on the Clinch River in 1778.

Some of the information in White 1902, with regard to this family, can be confirmed or at least shown to be consistent with primary source material. For example:


 * Wills for Ann Houston's father, Christopher Houston, and brother Samuel, list Ann as an heir. Samuel's will of 1739 specifically identifies his sister as "Ann Walker", indicating that she was married by that date, a point consistent with White's DOM for this couple of 1734.


 * Land records for Rockbridge county show several Walkers settling on Walker's Creek in Rockbridge CO, VA, prior to 1741. A land transaction in 1753 shows a John Walker and wife Ann selling a parcel on Walkers Creeks adjacent to other Walkers whose property was surveyed in the early 1740's.  These data are consistent with White 1902's assertion that the family moved to Rockbrdige Co shortly after their initial settlement in Augusta Co. Following the marriage of John Walker and Ann Houston in 1734.


 * John Walker III died near the Castle's Woods settlement on the Clinch River, in southwest Virginia. His will ws probated in 1778, While he probably died several years previous to this probate date, this is generally consistent with White 1902.

Several points in the above passage have not been confirmed.


 * White identifies John III's brother-in-law as John Campbell, and gives his wife as Elizabeth Walker(1703-1787 ), sister of John III.   The Campbell's are said by White to have settled near Stuanton, a few miles north of where the Walkers ultimately settled on Walkers Creek.  Confirmation of this has not been made, but research on this qustion has been limitd.

Chester Co PA
Will of Samuel Houston, 1739, From Wills of Chester County, PA, extracts

Will of Samuel Houston Chester CO., Pa, E. Nottingham farmer listing wife Esther, Mother Martha, with his personal estate later going to Robert, Christopher and James Houston, ANNE WALKER, Margaret Linn, Jennet Linn, and Martha Linn.

''Commentary: This is from an extract of Chester County wills. [Check original, and add to references]. The Anne Walker mentioned is believed to be Anne Walker Houston, wife of John III. This seems to be the only record referring to any of the Wigton Walker line in this area.''

Orange Co NC
1755 TAX LIST OF ORANGE COUNTY, NORTH CAROLINA William Perry Johnson, 1955(?). fide Mary Ann Hubbell, 5 August 2006

James Campbell    2-0 Laughlin Campbell    1-0 James Campbell & son    2-0 Henry Cobb & 3 sons    3-0 John King    1-0 Benjn. King    2-0 Hugh Porter & son    2-0 Samuel Walker    1-0 Jonathan Walker    1- Joseph Walker    1-0 Samuel Watt    1 John Watts    1-0 Thomas Watts    1-0

''Commentary: Orange County was formed in 1752 from parts of Bladen, Granville and Johnston Counties, North Carolina. From 1752 until 1770, Orange County embraced an area approximately 72 miles long and 50 miles wide - 3,600 square miles or 2,304,000 acres, In 1755 there were close to 1,200 families enumerated by the tax collector, or, on the average, one family per every three square miles or 1,920 acres: The county extended from the Virginia-North Carolina State Line on the north to Cumberland (now Moore) County, North Carolina, on the south, and from Granville and Johnston (now Wake) Counties on the east, to Rowan (now Rockingham, Guilford and Randolph) County on the west. Prior to 1770, Orange County took in all of the present-day counties of Orange, Caswell, Person, Alamance, Chatham, most of Durham, small parts of Wake and Lee, and the eastern third of Rockingham, Guilford and Randolph, This 1755 taxlist is the earliest one extant for Orange County, the next one being dated 1779. (File No. T.O. 105.1, State Department of Archives and History, Raleigh, N. C.)''

It is significant that "John Walker" does not appear on this 1755 Orange County Tax list. This implies that he was not yet in Orange County.

1755 Tax List of Granville County

Granville County Sch, A List of Taxables for the Year 1755 Thomas Campbell & Son John, 2-0-2 William Campbell, 1-0-1 John Campbell, 1-0-1 William Campbell, l-0-10 James(?) Gill, 1-0-1 Thos. King & Son Thos,, 2-0-2 Wm King & Son Wm, 1-0-1(?) George(?) King, 1-0-1 Francis King, 1-0- Thomas King, 1-0-1 John King, 1-0-1 Daniel King, 1-0-1 John King, 1-0-1 George King, 1-0-1 Charles King, 1-0-1 Robert King, 1-0-l Hugh Montgummery, 1-0-11 Wm&Peter Walker & Negroe Annica, 2-1-3 Frans. Walker & Son Frans., 2-0-2 Thomas Walker, 1-0-1 John Walker, 1-0-1 James Walker, Son James, Negroes Rose & Lattice, 2-2-4 Jacob Watts, 1-0-1 Andrew Watts, 1-0-1

''Commentary: Granville County, North Carolina, was formed in 1746 from Edgecombe County, and at that time embraced all of the present-day counties of Granville, Franklin, Warren, and Vance, and parts of Caswell, Person and Durham Counties. In 1752, Orange County was formed from parts of Bladen, Granville, and Johnston counties. This 1755 tax list, therefore, covers all of the prsent-day counties of Granville, Franklin,Warren, and Vance, and is Granville Countys oldest extant tax list.''

''The original list was not sorted. This list has been sorted by the second word in each line, which is usually the last name. The tax list as published in 1959, was in paragraph format. This information has been transcribed, put in a single column, and sorted alphabetically by the second word in the line which is the last name in most cases. The numbers represent number of whites polled, number of blacks polled and a total.''

It is not clear that the Walkers identified in Granville Co, including John Walker, are in anyway related to the line of John III. The King's listed in here, may however, be related to the Samuel Walker who is known to have had dealings with John III in Orange Co.

ORANGE COUNTY, NC ABSTRACTS OF THE MINUTES OF THE COURT OF PLEAS AND QUARTER SESSIONS OF: SEPT. 1752 - AUG. 1766 by Ruth Herndon Shields 459. 30 January 1761, JOHN WALKER, planter, ten shillings, both sides of Moons Creek., begin at a white oak the NW side of creek, N 90 ch. 50 lk. to a black oak saplin, E 35 ch. to creek cross creek & extended 55 ch. in all to a pine, 90 ch. 50 lk. to center between 2 white oaks, W crossing creek to first station, 497 acres, nineteen shillings eleven pence rent per year, surveyed for HENRY RUNELLS 1 August 1754, THOMAS BARTON & VENERIAS TURNER, SCC. (SSLG 102-B) (Ed. note: see also N. D. Patent Book 12:56) Signatures of Jas Watson, John ?, & John Walker
 * Page 11

640. 6 March 1762, JOHN WALKER, ten shillings, on North Fork of Moons Cr., begin at a hicory, E crossing creek 30 ch. to a red oak, N 52 ch. to a red oak, E 20 ch. to a dogwood, N 22 ch. crossing creek to an ash, W 61 ch. to a black oak, S 15 ch. to a red oak, W 39 ch. to a post oak, S to first station, 577 acres, twenty three shillings one penny rent per year, suveyed 3 February 1762, '''CHRISTO. HOWSTIN & PARICK PORTER''', SCC. (SSLG 102-A) (Ed. note: see also NC Patent Book 12:53) Signatures of Jas Watson, W. Churton and John Walker
 * Page 72

''Commentary: Christopher Houston and Patrick Porter served as chain carriers (SCC) for this survey. Christopher is probably one of Anne Houston Walker's kin; Patrick Porter is John III and Anne's son-in-law. Chain carriers were often selected locally, and can be different for each survey. Sometimes the chain carriers are selected from adjacent land owners, with a vested interest in ensuring that their own property rights are observed.''

Bennett, 1990: Page 97 P. 499, 10 September 1772, JOHN WALKER SENR. of Orange to SAMUEL WALKER of same, one hundred pounds, 220 acres, on both sides of Moons Cr., begin at a white oak, E 220 p. to center of 2 white oaks, N 148 p. to 2 white oaks, W 110 p. to a maple, N 40 p. to a beach, W 110 p. to a white oak saplin, S to beginning, part of land from Granville to Walker:  signed:  JOHN WALKER; witness:  SAMUEL BRANCKIN,''' JOHN WALKER, SAM. COWAN''': proved October Term 1772 by BRACKIN. (Ed. note: see also Granville Deed & Surveys #459)

''Commentary: The John Walker who signed this sale is clearly John III. The sale is witnessed by son John V, and also by Samuel Cowan. Samuel Cowan was John III's son-in-law.''

WALKER, JOHN           Warrant            3 June 1756 450 acres on northeast side the Haw R. at a place called the Red Field; begin at a white oak on east side Poke Berry Cr., includes two plantations where he now lives & James Collin's. Entered 17 June 1755 Surveyed 2 Apr 1756 (?) Deed for 468 acres 23 May 1758
 * Page 20

Commentary: This places John III in Orange County by June of 1755.

WALKER, JOHN            Warrant            9 Dec 1762 700 acres on a branch of County Line Cr., includes Thomas Cunningham's improvements. Surveyed 3 June 1763
 * Page 51

WALKER, JOHN           Warrant         21 Dec 1762 700 acres on the head of Hogan's Cr., on both sides the path leading from Bird's to Pain's. Surveyed 17 June 1763
 * Page 52

WALKER, JOHN          Survey            17 June 1763 210 acres on the head of Hogan Cr. of Dan R.: Jas Nichols, Wm Mateer: SCC. 3 copies
 * Page 55

WALKER, MOSES by James Watson      Entry       28 Jan 1762 700 acres on Seven Mile Cr., waters of Enoe, begin at mouth of Long Br., includes improvements that Burk lived on.
 * Page 48

Orange/Caswell Co., NC,1756-1800 Petition from the North Part of Orange County c. 1771, THE COLONIAL RECORDS collected and edited by William L. Saunders, Secretary of State, Vol. IX-1771 to 1775 fide Jerry Penley 21 Nov 1997 To his excellency Josiah Martin Esquire, Captain General, Governor in and over the Province of N. Carolina, The Honourable Council, and Gentlemen of The House of Burgesses; The Petition of the North Part of Orange County......[petitioners include the following] Alex Montgomery Sam Cowan John Walker, Jun John Walker Pat Porter Tho Dobbins John Graves, Jun James Graves Hugh Dobbins

''Commentary: Thi petition seems to be related to the formation of Caswell County. The date is missing from the current transcription and needs to be added. The 'c1771' is assumed. If the c1771 date is correct it indicates that John III and John IV did not formally leave the county until a sightly later date. There are indications that the extended family (specifically, Patrick Porter, John III's soninlaw, were in SW VA by 1771.''

Walker to Walker Power of Attorney 15 May 1771 Botetourt Co., Va. Bk p. 249. fide Jerry Penley 21 Nov 1997 ]

John Walker of Orange Co., N.C. ... hath nominated constituted and appointed well beloved brothers Samuel Walker and Joseph Walker or the Survivor of them my true and lawful attorneyes (to sell) 471 acres of land ... in two tracts lying in Co. of Botetourt on south side of Roan Oke below the land of Alexander Ingrim to Andrew Armstron of said Co. of Botetourt for sum of 225 pounds current Co. of Botetourt money of Virginia ... Wit: John Walker (seal) Alexr Stewart Joseph Cloyd

Commentary: This record is sometimes cited as demonstrating John IV had acquired property near Roanoke.

Portion of large tract purchased by John Walker III 1 Jan 1779. Caswell County, NC, Deed Book A, page 126,

Joseph PORTER of CC to Reubin Estis of same co., for 535 lbs., 146 A on south side of Moon's Cr, a part of a large tract John Walker purchased of Earl Granville. Also signed by James A. Porter. Wit. Jonathan Siniard, Edward Upton, Labon Estis.

Portion of large tract purchased by John Walker 27 Feb 1779. Caswell County, NC, Deed Book A, page 201

Reubin Estes of CC to William Rice of same, for 250 lbs, 146 A on south side of Moon's Cr part of tract John Walker purchased of Earl Granville. 27 Feb 1779. Wit. James Barker, Henry Williams, William Gwyn.

Land sale to John Walker on Hogan Creek 13 Oct 1783 Caswell County, NC, Deed Book B Page 163 State of NC - No. 466 -

to John Walker 337 A on Hogan's Cr adj Atkinson, William Par, Harrison. 13 Oct 1783

Land sale from Samuel Walker to James Orr on Moon's Creek 25 Dec 1784 Caswell County, NC, Deed Book C Page 26 Samuel Walker of CC to James Orr of same, for 50 lbs, 220 A on n fork Moon's cr, part of survey granted Walker 3 Mar 1779 of 621 A. . Wit:James Johnson, James Walker

Land sale from John Walker to WIlliam Parr on Hogan's Cr. 1 Mar 1788. Caswell County, NC, Deed Book ??? p. 287 John Walker of CC to William Parr of same, for 21 lbs, 14 shillings, 107 A on Hogan's Cr adj Parr, Jno Atkinson, Harrison. Wit: Berryman Turner, James Paul, ? Paul

''Commentary: This "John Walker" would apparently not be John III, given the 1788 date. It is possible that this is John IV, but it is more likely that this is a different John Walker, perhaps a son of Samuel Walker.''

John Grant of CC to Armistead Flippen 16 Jun 1795. Caswell County, NC, Deed Book J page 75-6 John Grant of CC to Armistead Flippen of same, for 500 lbs., 231 A s side Moon's Cr being part of tract John Walker purchased of Earl Granville and part purchased by Christopher Huston of Earl Granville. Wit: Alr Porter, Elizabeth Porter, Joshua Grant.

Southwest VA 1771-1786
Will of John Walker III [NEED SOURCE] written c. 1775, probated 1778. fide Jerry Penley 21 Nov 1997 [Need original date, and source] IN THE NAME OF GOD, AMEN I, John Walker of the county of Washington being sick in body but of good and sound memory, thanks to it almighty God and caling to mind the uncertainty estates of this transistory of life and that flesh must yeald to death when it shall please God to call do make constitute ordain and declair this my last will and testament in manner and form following and annuling by these presents all and every testament or testaments, will or wills heretofore by me made or declares either by word or writing and this to be my last will and testament for-none other; and first being penitent for my sins past most humbly desire foregiveness for the same. I give and commit my soul unto almighty God my saviour and redeemer in whom and by the merits of Jesus Christ I trust and believe assuredly to be saved and to have full remission and foregiveness of all my sins and that my soul with my body as a general day of the resurrection shall rise again with joy and though thou hearest of Christ death saviour poses and inherit the kingdom of heaven prepared for his elect and chosen and my body to be buried in such a place as will pleas my executors hereafter named. To appoint and now for the settling of my temporal estate and such goods and chattels and debts it hath pleased God for above my presents to bestow upon me. I do order, give and dispose the same in a.manner and from following: That is to say, I will all these debts & dues I own in right to any manner of person or persons whatsoever shall be well and fairly contested and pid or ordered to be paid within convenient time after my deciece by my executors hereafter named then I give and bequeath the money that is in Patrick Porter hand. That I have his bonds and account for to be equally devided amongst my six daughters and granddaughter An Bell and do order that all my debts that is owing to me be collected by my two sons John and Samuel Walker and when collected at my creditors to be paid and the remainder to be equally divided betwixt my two sons except that is divided already and I do appoint my two sons John and Samuel Walker my executor. This given under my hand and seal the day and year above written [???1773???]. My lands to be equally divided betwixt my two sons and one bay mare I give to my grandson William Walker. JOHN WALKER Seal Signed, sealed and delivered in the present of Alex Montgomery, William Cowan and Andrew Cowan..... at Court held for Washington County the 17th day of November 1778. This last will and testament of John Walker, deceased was proved by oath of Alex Montgomery, William Cowan........

''Commentary: This will is for John III father of John IV. The will was probated in 1778, which is probably the basis for which many have identified his year of death as 1778. However, the will was probably written well prior to that date. Photocopies of this will that I've seen do not show the date it was written. The date is often cited as 1773, but the basis for that is not known. Presumably the date is on the same page as the text says ""the day and year above written". Since the will shos a bequest to Samuel, and grandson William, we can probably assume that it was written before Samuel's death, and the capture by Indians of William. Those events are belived to have occurred in 1776, hence we assume the will itself was probably written about 1775.''

Estate record for Samuel son of John III, identifying John IV as administrator [Need date of record] Washington County Court Minute Record Bk #1; fide Jerry Penley 21 Nov 1997

On motion of John Walker Administration is granted him on the Estate of Samuel Walker deceased who made oath thereto and entered into and acknowledged his bond with William Edmondson and Archelaus Woods in the penalty of six Hundred pounds for the faithfull Adminstration of the said decendants Estate. Ordered that Patrick Porter, James Wharton, Joseph Moor, William Trimble & John Kinkead or any three of them being first sworn appraise the Estate of Samuel Walker deceased and make return to the court. Commentary: Samuel was killed c.1776 during an Indian attack on Castle's Woods that saw his nephew William (son of John IV) and sister Ann Walker Cowan, both taken captive by Indians. Elsewhere John IV is identified as the "heir at law" of John II and Samuel. This indicates that there were no other sons of John III who could be considered heirs, nor that Samuel, who apparently died intestate, had a wife, or children.

Certification that John IV is entitled to the property settled in 1773 by his father John III. 8th day of August, 1781, Washington County Grant Bk #1; page 267 fide Jerry Penley 21 Nov 1997

We the commissioners for the district of Washington & Montgomery Counties do certify that John Walker Heir at law of John Walker & Samuel Walker dec'd is entitled to 300 acres of land by settlement in the year 1773 lying in Washington County on Sinking Creek near the sink, which was surveyed for the old John Walker April 2nd 1774, by virtue of an order of Council passed Dec. 16th, 1773. Witness our hands this 8th day of August, 1781. N. B. The plot for this certificate is recorded on page 269. Test, James Reid, C, C, C Jos. Cabell Harry Innes N. Cabell I do hereby assign all my right & title to the within certft. to John Donnell for value recd. of him this 10th August, 1782. John Walker I do hereby assign the one half of the within certificate to Jas, Robt, & Jno. Barr for value rec'd. of them this 10th Augt. 1782. Jno. Donnell Commentary: This certification was probably a requirement because of laws established during the Revolution requiring a will be filed for someone who died before a property was properly recorded. Without the will, showing that the prperty was properly inherited, you probably would not be able to secure the land.

Research Needs

 * White tells us that john Campbell=Elizabeth Walker, settled near Staunton. The area where he settled is most ikely part of Beverly's Grant, where settlement began about 1734, consistent with the Walker family moving from the Nottingham Lots about that time. A thorough search of land records etc in this area is needed to determine if there is any evidence that a John Campbell settled in this area about this time.

Page Needs
Chester County Wills....[need full reference]

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