Person Page - 226

     Charlotte Slocomb was born c 1816 at Accomac, Accomack Co, Virginia. She was the daughter of William Slocomb (senior) and Lavinia Corbin. Charlotte Slocomb married Issac Selby on 23 Mar 1836 at Worcester Co, Maryland.

      Robert Slocomb was known as Robert Slocomb of Sea Side, putting S.S. after his name, even after the death of his father.

     Anne Banister was born c 1776.¹ She married William Slocomb (senior), son of Thomas Slocomb I, on 31 Oct 1797 at Accomack Co, Virginia.

     Susanna Custis was born on 2 Apr 1746 at Accomack Co, Virginia.¹ She was the daughter of MAJ Thomas Custis and (wife of Thomas Custis) (Unknown). Susanna Custis married Samuel Wise, son of Thomas Wise I and Mary Margaret Hack, c 1767.¹ Susanna Custis married Lieutenant Thomas F. Slocomb II, son of Thomas Slocomb I, on 8 Oct 1780 at Accomac, Accomack Co, Virginia.¹ Susanna Custis married Henry Custis (of Guilford), son of John Custis and Dorothy Wainhouse Scarburgh, on 14 Apr 1787 at Accomack Co, Virginia.¹ Susanna Custis died on 31 Aug 1800 at Accomac, Accomack Co, Virginia, at age 54.

      The key to Susanna Custis' lineage was in her son Thomas Wise's 12 Jan 1806 will in which he names as executors his uncles John Custis and Thomas Custis from the Custis line from Deep Creek, thus aligning his mother Susanna as the sister of these two men. Further both executors John and Thomas Custis died during probate of the Thomas Wise's estate, thus proving they are the John and Thomas Custis with proven probate dates, who were sons of Maj Thomas Custis of Deep Creek. It is odd Maj Thomas Custis did not name his daughter Susanna by an unknown first wife in his will because he named all his other children by his second wife.

Susanna's mother may have come from the intermarriages and friendships of the Custis, Wise, Parker, Crowson and/or Bonawell families, the latter who owned land contiguous to the Custis and Wise families. In searching for Susanna's heritage, note the name Susanna Custis is reused over and over in numerous lines and generations of Custises.

Susanna's three marriages to Samuel Wise, Thomas Slocomb and Henry Custis are proven in Adventurers of Purse and Person, 4th Edition, Vol 3, 2007, page 547, footnote 473 which mentions a record on pg 16-17 of Northampton Co, VA DAR Bible Records, which included Accomack Co, VA at that time; the bible records was verified by Dr. Miles Barnes at the Eastern Shore Public Library, Accomac, VA in 2015.

Susanna was noted in her first husband Samuel Wise's 12 Nov 1778 will at Accomack Co, VA. She was given his whole moveable estate during her widowhood and then the estate was to be divided among his four daughters. Samuel also named a son Thomas Wise who was given 300 acres where he lived and two mills, and he bequeathed daughter Susanna Wise 50 acres. His wife Susanna Wise served as executor. The witnesses were Charles Snead, likely Charles Snead (~1754-1785), and Thomas Lillistone, likely Thomas Lillison (1722-1786) and Ezekiel Young.

Susanna was named in her second husband Thomas Slocomb's 31 Jul 1784 will at Accomack Co, VA. Susanna was to maintain and educate their two children. In the will Thomas also mentioned the estate of Samuel Wise, Susanna's first husband, and left instructions to pay Wise's three daughters. She was shown as wife Susanna and named executor along with friend Charles West, possibly either Charles S. West (~1748-1797) son of Jonathan West and Tabitha or the Charles West (~1750-1804) who married Rachel and was the son of Richard West and Ann Milby. Thomas' will was witnessed by William Slocomb, likely his brother born in 1750, and by Elijah Lilliston, likely Elijah Lilliston (~1715-1791) who was the brother of Thomas Lilliston who witnessed the will of Susanna's first husband. This is the same Elijah Lilliston who willed the balance of his estate to his friends Charles West, possibly either of the above Charles Wests, and to John Custis of Seaside (~1742-1808) who had a daughter Susanna Custis born in 1765 and was the son of William Custis (~1718-1766) who married Tabitha Bagwell. Susanna's first two husbands were friends with the Lillistons and the Lillistons were close to John Custis of Seaside.

Susanna was on the list of tithables at Accomack Co, VA on 28 Mar 1787 as Susanah Slocum and was not tithable herself because she was a woman. She was listed with the following tithables: 5 blacks above age 16; 8 blacks under age 16; 5 horses, mares, colts and mules; 11 cattle; and 2 wheeled carriages. She was also shown as being charged with tax for Solo. White, evidently a white male over age 21 who was living with and/or working for her. Solomon White junior (~1760-1831) of that county would have been ~27 years old in 1787, so of the correct age to be taxed to Susanna.

Susanna was listed with her husband Henry Custis in the census of 1800 Accomack Parish, Accomack Co, VA. She was probably the female age 45+ (born before 1755) in the house hold of Henry Custis (Guilford), a head of house hold age 45+ (born before 1755). Listed with him were a female age 45+ (born before 1755); a female age 0-10 and two females age 10-16. Henry was the only Custis in Accomack Parish during that census.

When Susanna and Henry married she was about age 41 and he was about age 27; that was a large age discrepancy in an era when women were almost always younger than their spouse. Theirs might have been a marriage of convenience for either or both. Susanna's death 13 years after their marriage began left Henry a widower at about age 40. Henry had adequate wealth either from Susanna or unto himself because Henry's subsequent widow had considerable means.

Additional information researched about allied families is included here in hopes it will assist in uncovering Susanna's mother's line some day. The White and Simpson families and both the natal families of Susanna Custis and Henry Custis had several legal arrangements during two generations from 1748 until 1787. Solomon's father, Solomon White senior (~1715-1785), made two land purchases from Col Southy Simpson senior. In 1748 Simpson sold White 75 acres of Whitelaw's tract A105, just south of Parksley, Accomack Co, VA; after settlement with his cousin Thomas, in 1752 Simpson sold the balance of 125 acres to White. Witnesses for probating the will of Southy's father, Southy Simpson, senior (1720-1779), were Henry Custis, Susanna's future husband, and Henry's step-brother Thomas Bayly, Gentlemen. Southy Simpson, likely Southy Simpson junior (~1756-1794) of Accomack Co, VA, was the security on the 9 Apr 1787 Accomack Co marriage license bond of Susanna Slocomb and her third husband Henry Custis who were married on 14 Apr 1787. These interactions connect our ancestor Susanna Custis to Solomon White junior and senior who were connected to Southy Simpson senior and junior who were connected to brothers Thomas Bayly and Henry Custis, who eventually married Susanna. This analysis may also later contribute to unravelling Susanna's Custis lineage.

Similarly analysis of the Snead and Lilliston families and their relationships with the Custis family shows close relationships. Samuel Wise used Charles Snead and Thomas Lilliston, who are related to each other, as witnesses to his will. Susanna's second husband Thomas Slocumb used Elijah Lilliston as a witness to his will and Elijah's will bequeathed the balance of his residual estate "to be divided between my friends John Custis of Seaside and Charles West," who were the executors. Of note this John Custis of Seaside (~1742-1808) had a daughter Susanna Custis born in 1765 and John was the son of William Custis (~1718-1766) who married Tabitha Bagwell. Charles Snead I (1741-1828) appears to be the person referenced in the Samuel Wise will because Charles Snead married the daughter of Thomas Lillison (1722-1786) and the said Thomas Lillison had a son Thomas Lillison (b1760) who would have been alive at the time the 1778 Samuel Wise will was written. Thus Charles Snead (1741-1828) and Thomas Littison (1722-1786) could be Samuel Wise's witnesses.

Moody Miles detailed sources:

[S688] Barry W. Miles & Moody K. Miles III, Accomack Co, VA, Wills & Administrations, 1800-1860, p. 622 (will of Thomas Wise, St. George Parish).
[S550] Jean M. Mihalyka, Bible Records Accomack & Northampton County, Virginia, Vol 3, p. 16 (Wise Record, Sarah C. Phillips, her record).
[S570] Stratton Nottingham, Accomack Co, VA, Wills & Administrations, 1663-1800, p. 315 (will of Samuel Wise), p. 348 (will of Thomas Slocomb).
[S940] John Frederick Dorman, Adventurers of Purse and Person, Virginia, 1607-1624/5, p. 546 - 547 (Anthony West Family).
[S142] Netti Schreiner-Yantis and Florence Love, Accomack Co, VA, Personal Property Tax Lists For The Year 1787, p. 101 & 111.
[S558] Nora Miller Turman, Accomack Co, VA, Marriage Records, 1776-1854 (Recorded in Bonds, Licenses and Ministers's Returns).
[S578] Jody Powell, 1800, 1810, 1820 Accomack Co, VA, Census.
[S208] Accomack Co, VA, Wills & c., 1806-09, p. 698-704 (the estate of Thomas Wise dec'd, in acct. with Jno. Custis Extr.)
[S152] Accomack Co, VA, Wills & c., 1812-14, p. 483-489 (inventory & sale of estate of Thomas Wise, John Custis Adm).
[S210] Accomack Co, VA, Wills & c., 1816-17, p. 61-68 (account of the estate of Thomas Wise, Thomas Custis Sr. Extr).
[S212] Accomack Co, VA, Wills & c., 1818-19, p. 85-93 (final settlement of the estate of Thomas Wise, John Custis Adm).

     Sarah "Salley" C. Slocomb was born on 6 Dec 1783 at Accomac, Accomack Co, Virginia.¹ She was the daughter of Lieutenant Thomas F. Slocomb II and Susanna Custis.¹ Sarah "Salley" C. Slocomb married Jacob Phillips, son of William Phillips and Elizabeth (Unknown), on 19 May 1827. Sarah "Salley" C. Slocomb died on 27 Dec 1865 at Accomac, Accomack Co, Virginia, at age 82.

     John Custis was born in 1740 at Accomack Co, Virginia. He was the son of William Custis and (wife of Wm Custis) (Unknown). John Custis married Dorothy Wainhouse Scarburgh, daughter of Mitchell Scarburgh and Dorothy Wainhouse, c 1760. John Custis married Elizabeth Dunton, daughter of Jacob Dunton and Elizabeth (Unknown), c 1763.

      John Custis was named as a son-in-law and one of the executors of Mitchell Scarburgh's 27 Sep 1762 will in Accomack Co, VA.

John was named in his uncle Henry Custis senior's 8 Apr 1795 will at Accomack Co, VA. John was shown as John Custis, son of my brother William Custis, and Henry's wife Polly was also noted.


Moody Miles' detailed sources for John Custis:

[S958] James R. Revell Sr., Descendants of Randall Revell of the Eastern Shore, Custis Family Lineage Appendix & additional information provided by Emails from James R. Revell Sr.
[S570] Stratton Nottingham, Accomack Co, VA, Wills & Administrations, 1663-1800: p. 443 (will of Henry Custis Sr, wife Polly), p. 215 (will of Mitchell Scarburgh), p. 330 (will of Thomas Bayley) and p. 402 (will of Elizabeth Custis).

     John Montgomery Custis was born c 1766 at Accomac, Accomack Co, Virginia.¹ He was the son of John Custis and Elizabeth Dunton.¹

     Thomas Custis was born c 1774 at Accomac, Accomack Co, Virginia.¹ He was the son of John Custis and Elizabeth Dunton.

     Samuel Wise was born on 1 Dec 1740 at Accomac, Accomack Co, Virginia.¹ He was the son of Thomas Wise I and Mary Margaret Hack.¹ Samuel Wise married Susanna Custis, daughter of MAJ Thomas Custis and (wife of Thomas Custis) (Unknown), c 1767.¹ His estate was probated on 27 Jan 1779 at Accomac, Accomack Co, Virginia.

     Anne Custis Wise was born on 18 Mar 1768 at Accomack Co, Virginia. She was the daughter of Samuel Wise and Susanna Custis.¹ Anne Custis Wise married Unknown Boggs c 1800.

     Tabitha Wise was born on 19 Jun 1771 at Accomack Co, Virginia. She was the daughter of Samuel Wise and Susanna Custis.¹ Tabitha Wise died b 29 Dec 1783 at Accomack Co, Virginia.

     Elizabeth Wise was born on 2 Apr 1773 at Accomack Co, Virginia. She was the daughter of Samuel Wise and Susanna Custis.¹ Elizabeth Wise married John Blackstone c 1790 at Accomack Co, Virginia. Elizabeth Wise died on 16 Jun 1801 at age 28.

     Susanna "Sukey" Wise was born on 20 Jun 1776 at Accomack Co, Virginia. She was the daughter of Samuel Wise and Susanna Custis.¹ Susanna "Sukey" Wise married Thomas Ames IV in Mar 1794. Susanna "Sukey" Wise died b 12 Jan 1806.

     Thomas Wise was born on 29 Oct 1777 at Accomack Co, Virginia. He was the son of Samuel Wise and Susanna Custis.¹ Thomas Wise died on 26 Feb 1807 at age 29. His estate was probated on 28 Apr 1807 at Accomack Co, Virginia.

      Thomas Wise was named in his father's will on 12 Nov 1778 in Accomack Co, VA and given 300 acres of land where his father lived and two mills. Thomas was listed as an minor in orphan's court records in Jan 1782 in Accomack Co, VA when on 4 Sep 1780 and 10 Mar 1781 Thomas Slocomb, his step-father, recorded debit items for orphan Thomas Wise totaling £2,310.00.0 including assessment of land and mills, copy of will, papers from Richmond, linen, cotton, two pair of shoes, board, washing, lodging, etc, and credited items totaling £2,000.00 including for rent of land and mills for 1780. Thomas was listed as an minor in orphan's court records again on 28 Jan 1783 in Accomack Co, VA when Thomas Slocomb reported that on 2 Feb 1782 he recorded debit items for orphan Thomas Wise totaling £43.19.6 including lawyer fees to M. Stith and repairing a grist mill and credited items totaling £20.00.0 for rent of land and mills.

On 26 Jul 1802 administration on the estate of Elizabeth Blonton[sic] (Blackston) was granted to her brother Thomas Wise with John Custis and Thomas Custis, their uncles, as securities.

Thomas' 12 Jan 1806 will in Accomack Co, VA was the critical document in establishing the lineage of his mother Susannah Custis. Moody Miles researched all the John Custis and Thomas Custis probate files in Accomack Co from 1800 to 1860, and the only John and Thomas Custis who died while nephew Thomas Wise's estate was being settled between 1807 and 1818 were the two noted as brothers on Susanna Custis. As reported by Moody Miles, the Thomas Wise will states: "The whole of my property to be kept together with my present family & to be managed by some industrious man & ... To Extrs. full power for the cutting of timber for my mills. The whole of my personal estate, except slaves, to be sold & the money to my nieces Elizabeth Boggs & Elizabeth Blackstone & my slaves to be free. To niece Catharine Ames, daughter of my dec'd sister Sukey Ames, the land on the upper side of my upper mill pond, which I purchased of her father & mother. The remainder of my real estate shall be rented until the end of that year in which my nephew William Blackstone shall arrive at age & the profits I give in the following manner: to nephews William & Thomas Blackstone as necessary for board, clothes & schooling, a good English education; $100 to my brother William Slocomb; £100 to my sister Sarah Slocomb & balance to my nieces Elizabeth Boggs & Elizabeth Blackstone. To Isaiah Spreight the use of the house by my upper mill where he now lives. When my nephew William Blackstone arrives to age I give him the plantation where I now live with my upper mills & at the same time I give my nephew Thomas Blackstone the land & mills which I bought of Jonathan Willett with the mill bought of Thomas Bayly & the land & marshes at Cattail bought of Littleton Dennis, Edmond Bayly & others & it is to be understood that neither of them make any demand on my estate for any property of theirs which may be in my hands as their guardian, except their slaves, thus making settlement of their estates in my hands. If either nephew dies before arriving to age & without issue, then the land of the one dying goes to my nieces Eliza Boggs & Eliza Blackstone. If both die under age & without issue, then William's part to Eliza Boggs & Thomas' part to Eliza Blackstone. Uncles John & Thomas Custis & friend John Wise executors. Witnesses: John Coard, Edmund Ayres & Benjamin Pruitt. Thomas's will was probated on 28 Apr 1807 in Accomack Co, VA with Thomas Custis & John Wise securities.

Thomas Wise's estate took over 10 years to finally settle. The 1st accounting of debits & credits was recorded on 31 Jan 1809 (Jno. Custis Extr); the 2nd was an estate sale recorded 30 Aug 1814 (John Custis Adm); the 3rd was another accounting of debits & credits recorded 29 July 1816 (Thos. Custis Sr. Adm at beginning of document and Thos. Custis Adm dec'd at the end of the document); and the 4th was the final accounting of debits & credits recorded on 28 Sep 1818 (John Custis Adm). So both of the Custis uncles Thomas Wise named in his will as executors served in that capacity. The various names mentioned in these four documents indicate this was the Deep Creek branch of the Custis family and the fact that executor John Custis died a short time after the probate process began and executor Thomas Custis also died later during the probate process proves they were John Custis (1751-1809) and Thomas Custis (1753-1811). Henry Custis' brothers John and Thomas did not die during the probate process, therefore the uncles Thomas Wise refers to are the brothers of his mother Susanna Custis was obviously their sister because Susanna's husband Henry Custis was not from the Deep Creek branch of the Custises.

An account of Thomas Wise's estate filed on 31 Jan 1809 in Accomack Co, VA listing debits and credits of the estate and covering the period 5 Mar 1807 to 8 Dec 1808 was submitted to the court by Richard D. Bayly and John A. Bundick who had audited the account on 30 Jan 1809. Of note was that the first item dated 5 Mar 1807 was £2.0.0 paid for preaching the funeral service, which was shortly after his death and before his will was recorded. John Custis Jr was paid £0.19.0 for 1300 old wives (fish) at 1/6 and Rob. Russell was also paid £1.0.0 for fish. Wm. H. Coxon was paid several time for schooling Wm. & Thomas Blackstone. £36.18.00 cash was received of Capt. Lewis for planks sold at George Town. (There were many entries for planks sold indicating he was operating a saw mill.) There were several entries for large volumes of brandy being sold in Baltimore, Richmond and other distant destinations. £4.11.6 cash was received from Sam'l Russell on his account. On 25 July 1808 £61.12.6 cash was received of Bridget Custis for Betsy Boggs' estate and £9.9.3 cash was received from Bridget Custis for Jno. Blackstone's children on a note due from H. Custis dec'd. The balance due the Extr was £1,335.3.7.

The appraisement and estate sale was recorded on 30 Aug 1814 in Accomack Co, VA. Selected buyers included Wm. P. Custis, Wm. Slocomb, John Custis, Milby Russell, Wm. R. Custis, George Russell, Edmond R. Custis and Sally Slocomb. The total sale amount was £393.0.4 which was returned to court & recorded on 30 Aug 1814.

A following account of his estate was filed on 29 Jul 1816 in Accomack Co, VA covering the period 7 Nov 1808 to 10 Nov 1811. It was submitted to the court by Thos. Parker & Geo. Scarburgh who audited the account of Thos Wise dec’d, administered by Thos. Custis dec’d, on 20 July 1816 and it was recorded on 29 July 1816. Selected names included William Slocomb, John Custis Jr., Josiah Speight, Bridget Custis, Wm. H. Coxen, Robert Russell, Benjamin Prewit, Milby Russell, John Custis (Extr or Esq?), William P. Custis, Spencer Russell, Robt Russell, Henry B. Custis & Thos. Custis. Balance due the executor was £110.19.3.

Thomas Wise's estate was finally settled on 28 Sep 1818 in Accomack Co, VA with an account covering the period Jan 1812 to 20 Feb 1818. On 30 Jun 1818 Thomas Cropper and H.S. Copes examined the account and vouchers of John Custis, Adm of Thomas Wise dec'd and it was recorded on 28 Sep 1818. Selected names on the cash paid out list included John Custis, William & T. Blackstone (many entries), John Wise Extr, Milby Russell, Josiah Speight, William Slocomb, Robert Russell, £7.1.4 cash paid in George Town by Capt. Lewis for repairs of still, Henry B. Custis, Wm. R. Custis (deputy sheriff), Wm. P. Custis, £1.0.1 cash paid to Diadama Russell as per receipt dated 17 Dec 1812, Elizabeth Custis, Elizabeth Wise, Solomon Russell, Anne Custis, Eliza C. Blackstone, John Custis dec'd book account & interest £105.0.9, Susy Wise, Wm. H. Custis in right of his wife, Thos. R. Riley in right of his wife and Jamemia Russell. Total cash paid out was £2,414.10.5 on 20 Feb 1818. Selected entries on the income side included £393.0.4 for the sale of property, £60.0.82 for the sale of brandy in Philadelphia, land rents, etc. totaling £2,414.10.5.

Moody Miles detailed sources:
1. John Frederick Dorman, Adventurers of Purse and Person, Virginia, 1607-1624/5, 4th Edition, Volume 3, Families R-Z. (Baltimore: Genealogical Publishing Co, Inc., 2007), p. 547 (Anthony West Family).
2. Stratton Nottingham., Accomack Co, VA, Wills & Administrations, 1663-1800 (Bowie, MD: Heritage Books, Inc., 1990), p. 315 (will of Samuel Wise).
3. comp. Gail M. Walczyk., Accomack Co, VA, Fiduciary (Orphan's) Accounts, 1780-1787 (Coram, NY: Peter's Row, 2000), p 6 (account of Thomas Wise orphan to Thomas Slocomb).
4. Gail M. Walczyk, Accomack Co, VA, Fiduciary (Orphan's) Accounts, 1780-1787, p 15 (account of Thomas Wise orphan to Thomas Slocomb).
5. Barry W. Miles & Moody K. Miles III., Accomack Co, VA, Wills & Administrations, 1800-1860 (Bowie, MD: Heritage Books, Inc., 2000), p. 622 (will of Thomas Wise, St. George Parish).
6. Barry W. Miles & Moody K. Miles III, Accomack Co, VA, Wills & Administrations, 1800-1860, p. 622 (audit of the estate of Thomas Wise, John Custis Extr).
7. Accomack Co, VA, Wills & c., 1806-09, p. 698-704 (the estate of Thomas Wise dec'd, in acct. with Jno. Custis Extr.)
8. Barry W. Miles & Moody K. Miles III, Accomack Co, VA, Wills & Administrations, 1800-1860, p. 622 (inventory & sale of the estate of Thomas Wise, John Custis Adm).
9. Accomack Co, VA, Wills & c., 1812-14, p. 483-489 (inventory & sale of estate of Thomas Wise, John Custis Adm).
10. Barry W. Miles & Moody K. Miles III, Accomack Co, VA, Wills & Administrations, 1800-1860, p. 622 (accounty of the estate of Thomas Wise, Thomas Custis Sr. Adm).
11. Accomack Co, VA, Wills & c., 1816-17, p. 61-68 (account of the estate of Thomas Wise, Thomas Custis Sr. Extr).
12. Barry W. Miles & Moody K. Miles III, Accomack Co, VA, Wills & Administrations, 1800-1860, p. 622 (final settlement of the estate of Thomas Wise, John Custis Adm).
13. Accomack Co, VA, Wills & c., 1818-19, p. 85-93 (final settlement of the estate of Thomas Wise, John Custis Adm).

     Thomas Wise I was born c 1700 at Accomack Co, Virginia.¹ He was the son of Hon John Wise II and Matilda West. Thomas Wise I married Mary Margaret Hack c 1731.¹ Thomas Wise I married Esther (Unknown) c 1745. His estate was probated on 30 Oct 1764 at Accomac, Accomack Co, Virginia.

     Mary Margaret Hack was born c 1696.¹ She married Thomas Wise I, son of Hon John Wise II and Matilda West, c 1731.¹

     Mary Cade or Harmer was born c 1611 at England.¹ She married COL Edmund Scarburgh II (Burgess), son of CPT Edmund Scarburgh I (Burgess) and Hannah Smith, c 1638.¹ Her estate was probated on 15 Dec 1691 at Accomac, Accomack Co, Virginia.

      Researchers believe Mary was Mary Cade or Mary Harmer. According to the Moody Miles research conclusions, Mary was definitely not a Charlton, Pott or Littleton as concluded by various researchers over the years. Thomas Teackle Upshur, a noted Eastern Shore genealogist from the late 1800s, showed her as Mary Cade. Mary did have a great-granddaughter named Mary Cade Wise who was born just a few years after she died. Sutherland McColley of 5 West Mountain Road, Sharon, CT 06069 in a 16 Dec 2010 email stated he believes she may have been Mary Harmar, christened at Westminster, London, England on 26 Dec 1613, her father being Professor John Harmar of Oxford University, a brother to Charles Harmar, Gentleman, who married Ann Southey, who later married Col. Nathaniel Littleton. Charles Harmar and Capt. Edmund Scarborough, Mary's father-in-law, were associates and were members of the first council of Accomack. The Captain went to Cambridge and Charles' brother went to Oxford. Certainly an arranged marriage between the Captain's son Edmund II and Charles' niece would have been reasonable. Prof John Harmar and sons John and Thomas of Jamestown had an adjoining property in Northampton with Scarborough and Littleton. Prof John traveled on the same ship with Edmund II's sister Katherine who married Randall Revell. It would have been advantageous for Edmund II to have married into a family with a church connection while later gaining a royal connection though his brother Sir Charles - the physician to several Kings.

Evidently Mary was a cousin of William Mellinge: "Mr. Littleton my love remembered. I recd ye Letter & (?) to (?) Ye towe [2] ewes unto my coosen (cousin) Mellinge takeing his receipt this (?) note (?) ye discharge. (?). your lovinge friend Mary Scarburge. July 22 1657." "Recd by mee William Mellinge of Mr. Edward Littleton by order & (?) oof Mrs. Mary Scarburge towe (2) ere (ewe) lambs being given by the last will & testament of Mrs. Ann Littleton (decd) unto Littleton Scarburge sonne to Collenll Edm. Scarburgh & Mary his wife. August 11 1657

Mary was deposed in court several times. She gave a deposition in June 1662 at Northampton Co, VA at age 50. On 20 Jul 1671 in a deposition in a case between Capt. West and Ambrose White, Mrs. Mary Scarburgh aged about 61 years declared that about two weeks ago at the house of Ambrose White, she found Capt. West, the constable, searching for lost goods. On the floor was a bag and one Holland shirt that West claimed to be his. White claimed he had bought the cloth from West before he went to Nevis. On 17 July 1675 in Accomack County Court, Mary Scarburgh aged about 65 years was deposed: In January or February 1672, Mary was present when Jno. West bought a sloop from James Fowkes. Before the bargain Mary heard West say the sloop was much damaged by worms. Fowkes answered that not only was it worm eaten, but two or three planks were very swollen and must be replaced. Fowkes said it was easily done, and he would do the work for 500 lbs tobacco. On these terms, West agreed to pay 95 pounds sterling for the sloop. Signed 8 July 1675, Mary Scarburgh.

Mary made a will on 14 June 1691 at Accomack Co, VA. She was shown as Mary Scarburgh, now resident at the house of Anthony West at Merry Branch. To grandson Anthony West. To his daughter Matilda. To daughter Matilda West. Son Charles Scarburgh. Daughter Tabitha Custis. Son Edmund Scarburgh. To grandson Edmund Scarburgh (under 12), son of Edmund Scarburgh. Granddaughter Mary West. Granddaughter Tabitha Custis. Daughter Matilda West and grandson Anthony West residual legatees and executors. Wittnesses: James Alexander, Edward Marten, Tully Robinson, Richard Bally Jr. Codicil: Revoked legacy to son Charles Scarburgh on account of his neglect. (Codicils dated 30 Sep 1691 & 16 Oct 1691).

Moody Miles detailed sources:

[S623] M.D. & Jean M. Mihalyka William R.M. Houston, Colonial Residents of Virginia's Eastern Shore (Whose Ages Were Proved Before Court Officials of Accomack and Northampton Counties), p. 91, (deposition of Mary Scarburgh).
[S698] JoAnn Riley McKey, Accomack Co, VA, Court Order Abstracts, 1671-1673, Volume 3, p. 7.
[S1001] Thomas Teackle Upshur, Genealogies of the Kingdom of Accomack.
[S572] Ralph T. Whitelaw, Virginia's Eastern Shore (A History of Northampton and Accomack Counties), p. 639 (tract A19).
[S699] JoAnn Riley McKey, Accomack Co, VA, Court Order Abstracts, 1673-1676, Volume 4, p. 127 (17 Jul 1675 Court).
[S570] Stratton Nottingham, Accomack Co, VA, Wills & Administrations, 1663-1800, p. 20 (will of Mary Scarburgh).
[S2063] Sutherland McColley, Sutherland McColley's Application to the Order of the Crown of Charlemagne, and follow-up Email of 6 Jan 2011.
--Northampton Co. VA Deeds, Wills, etc. 1655-1657, Book VII page fol. 24 (or 214), provided by Cynthia McDaniel, 5 Oct 2007.

     Henry Custis (of Guilford) was born c 1760 at Accomack Co, Virginia.¹ He was the son of John Custis and Dorothy Wainhouse Scarburgh. Henry Custis (of Guilford) married Susanna Custis, daughter of MAJ Thomas Custis and (wife of Thomas Custis) (Unknown), on 14 Apr 1787 at Accomack Co, Virginia.¹ Henry Custis (of Guilford) married Bridget Clemens c 1801 at Accomack Co, Virginia. Henry Custis (of Guilford) died on 2 Dec 1802 at Accomack Co, Virginia.

      Through extensive analysis by the excellent genealogist Moody Miles, Henry Custis, the son of John Custis and Dorothy Scarburgh and himself a sailor, was determined to be the Henry Custis who married our ancestor Susannah Custis. He extensively analyzed the various Henry Custises born between 1755 and 1795, especially the Ravenswood Branch of the Custis family in making this decision.

Henry was named as grandson Henry Custis in the 27 Sep 1762 will of Mitchel Scarburgh in Accomack Co, VA. In the same county he was named as grandson Henry Custis in the 20 Jul 1775 will of Dorothy Scarburgh from whom he was supposed to inherit a negro boy Babel when he reached age 21, so Henry was evidently still underage in 1775.

Henry was named as a half-brother in his brother Thomas Bayley's 18 Jun 1781 will at Accomack Co, VA. Thomas noted if Henry did not return from sea, the two negroes he gave Thomas in his will, to-wit: Shadrack & Babel, were to go to John Custis (of Allens) during his natural life and then Thomas gave Shadrack to John Custis' son John Montgomery Custis and Babel to John's son Thomas Custis.

Elizabeth Dunton Custis was the mother of Thomas Bayley (above) and the step-mother of Henry and John Custis. Her 1788 will includes sons Henry Custis, John Custis and Thomas Bayley, so Henry made it back from sea and was alive in 1788. As transcribed by Moody Miles: "To son Robertson Custis all the land devised to me by my father Jacob Dunton, he to support & maintain my son John Montgomery Custis in such a manner as my son-in-law (meaning step-son) Henry Custis may think necessary & should he refuse I give the said land to my son John Montgomery Custis & his heirs. To daughter Elizabeth. To son William. Three children Anne, Thomas and William residual legatees. Son-in-law (meaning step-son) Henry Custis executor. Wittnesses: Littleton Savage, Abel Upshur and Bowden Kendall."

Henry Custis was listed as head of household in the 1800 Accomack Parish, Accomack Co, VA census, where he was shown as Henry Custis (of Guilford) age 45+ (born before 1755) and listed with him were 1 female age 45+ (possibly wife Susanna), 1 female 0-10 and 2 females 10-16. Henry was the only Custis listed in Accomack Parish.

Henry was named a 4 Jul 1802 deed of mortgage at Guilford Creek, Accomack Co, VA. He signed a mortgage to Thomas Fletcher administrator of Leah Dickerson for 50 pounds of money. He mortgaged lands and mills lying on the head of gunfond (sic) Creek being formerly by the name of Andrews' and bounded on the S & W by the land of heirs of Spencer Drummond and Wm. Thornton and on the N & E by the lands of Biggs and William Onions containing 30 acres. Under the terms of the mortgage Henry was required pay Thomas Fletcher 50 pounds with interest and then the present grant, bargain and sale was to be void as if the same had never been made. Wittnesses: John Riley, Nancy Riley and Leah Riley. Signed: Henry Custis. Recorded 31 Jan 1803.

As a result of this mortgage taken out shortly before his death, Henry was named in a land cause on 30 Oct 1815 at Accomack Co, VA. William Silverthorn and Susanna his wife, formerly Susanna Dickerson, assignees of Thomas Fletcher vs Poulson - In Debt - Suit for sale of land: That a certain Henry Custis late of this county on the 4 Jul 1802, being indebted to a certain Fletcher of this county, as administrator of Leah Dickerson, for the purpose of securing the payment of same conveyed to the said Thomas Fletcher a certain tract of land containing 30 acres, situated on the head of Guilford Creek; that the said Henry Custis departed this life intestate on the __ day of Dec 1809, leaving a daughter Tabitha his only child and heir at law; that the said Tabitha Custis on the __ day of Oct 1807 intermarried with a certain Erastus Poulson, and on the __ day of May 1815 the said Tabitha Poulson departed this life leaving her husband Erastus Poulson and two children, viz: John and Edward A. Poulson living; that on the __ day of May 1815 your orator was married to your oratrix, &c. 30 Oct 1815. (NOTE: Other information recorded in the Accomack-Northampton Bible Record Collection shows Henry Custis had died on 2 Dec 1802 and administration on his estate was dated 28 Feb 1803.)

Henry's land was sold by commissioners on 16 March 1816 at Guilford Creek, Accomack Co, VA. In compliance with a court decree dated 30 Oct 1815 George P. Bagwell, Samuel Crippen and Tommy Abbott, commissioners, sold 30 acres of land with mills situated on the head of Guilford Creek, formerly belonging to Henry Custis deceased to Nathaniel Topping, the highest bidder, for $1,500.

Administration of Henry's estate was granted to Bridget Custis with John Riley, Savage Crippen, Bennett Mason senior and Edmund Bayly securities. Henry's estate, including a fishing boat, was inventoried and sold on 14-15 Mar 1803; on 26 Jun 1811 the audit occurred; on 27 Jul 1819 the estate settled with the recording by Bridget Custis as administrator. Appraisers: James J. Abbott, William Thornton and Tommy Abbott. Buyers at the estate sale included his widow Bridget Custis, John Custis the sheriff, and a negro girl named Leah. Auditors: John Wise and Richard D. Bayly.


Moody Miles detailed sources for Henry include:

[S570] Stratton Nottingham, Accomack Co, VA, Wills & Administrations, 1663-1800, p. 330 (will of Thomas Bayley), p. 215 (will of Mitchell Scarburgh), p. 286 (will of Dorothy Scarburgh) and p. 402 (will of Elizabeth Custis).
[S550] Jean M. Mihalyka, Bible Records Accomack & Northampton County, Virginia, Vol 3, p. 16 (Wise Record, Sarah C. Phillips, her record).
[S578] Jody Powell, 1800, 1810, 1820 Accomack Co, VA, Census.
[S558] Nora Miller Turman, Accomack Co, VA, Marriage Records, 1776-1854 (Recorded in Bonds, Licenses and Ministers' Returns).
[S940] John Frederick Dorman, Adventurers of Purse and Person, Virginia, 1607-1624/5, p. 547 (Anthony West Family).
[S620] Virginia Accomack County, Accomack Co, VA, Deeds, No. 010, 1800-1804, p. 343 (Henry Custis mortgage to Thomas Fletcher admr of Leah Dickerson).
[S571] Stratton Nottingham, Accomack Co, VA, Land Causes, 1728-1825, p. 138 (William Silverthorn & Susanna his wife vs Poulson).
[S611] Virginia Accomack County, Accomack Co, VA, Deeds, No. 015, 1815-1817, p. 452 (Commissioners to Nathaniel Topping).
[S688] Barry W. Miles & Moody K. Miles III, Accomack Co, VA, Wills & Administrations, 1800-1860, p. 150 (settlement of Henry Custis, Bridget Custis Adm).

     Selby Russell was born c 1786. He was the son of Samuel Russell and Unknown Selby ?¹

     Mark Parks I was born a 1737. He married Tabitha Evans a 1762.¹

     Tabitha Evans was born c 1742 at Accomack Co, Virginia. She married Mark Parks I a 1762.¹

     Joshua Russell was born c 1765 at Accomac, Accomack Co, Virginia.¹ He was the son of Milby Russell I and Abigail Lewis.¹ Joshua Russell married Jane Thornton c 1790. His estate was probated on 26 Feb 1798 at Accomack Co, Virginia.

     Mary Milby was born c 1725 at Accomac, Accomack Co, Virginia.¹ She was the daughter of Salathiel Milby.¹

     Salathiel Milby was born c 1703 at Accomac, Accomack Co, Virginia.¹ He married Frances (Unknown) c 1731. Salathiel Milby died in Sep 1736 at Accomac, Accomack Co, Virginia.¹

     Frances (Unknown) was born c 1705.² She married Rowland Savage II a 1725. Frances (Unknown) married Salathiel Milby c 1731.

     Thomas Martin / Martine I was born a 1620. He married Jonot Jonstone a 1640.

     Margaret (Unknown) was born c 1645.¹ She married George Mitchell, son of CPT William Mitchell I, Esq and (1st wife of Wm Mitchell) (Unknown), b Aug 1666.¹

     CPT William Mitchell I, Esq was born a 1615 at Chichester, Sussex Co, England.¹ He married (1st wife of Wm Mitchell) (Unknown) c 1640.¹ CPT William Mitchell I, Esq married Joan Toast on 10 Apr 1652 at Maryland.¹ CPT William Mitchell I, Esq died b 4 Mar 1659 at Maryland. His estate was probated on 1 Nov 1659 at Northampton Co, Virginia.

      William Mitchell (Michell) I, Esq Gentleman, was one of the most repugnant of his time on the Eastern Shore but despite his reputation, he held positions of prominence in Maryland and Virginia.

William first came to America circa 1647/48. He was granted a certificate for land on 4 Mar 1650 in Maryland. "William Mitchell, Esq. demandeth 2,200 acres of land for transportation of twenty-two servants into this Province." He was granted land lying on the eastern side of the Chesapeake Bay, later called Rich Neck Manor when he later transferred the land to Phillip Land, the High Sheriff of St. Mary's Co, MD who then sold the land to Gregory Fox on 20 Oct 1651.

Of all the colonial manors of Maryland, few maintained a position of greater prominence and importance during the days of the Colony than The Rich Neck. This tract of land was a peninsula lying between the eastern branch of the Chesapeake Bay and St. Michael's River with Tilghman's Creek turning in from St. Michael's River on the south, and furnished one of the finest land-locked harbors on the bay. From the character of the soil of this peninsula it well deserved its name, as there were few tracts in Maryland which could boast of more fertile soil. William returned to England after selling his land.

William was granted key government positions before he even moved permanently to Maryland. On 4 Mar 1649/1650 the Maryland Privy Council minutes appointed William to the state Privy Council and to be a justice: "...our trusty and well Beloved William Mitchell Esqr doth the next Summers expedition intend to transport himself and family and divers others Artificers Workmen and divers other very useful Persons in all to the Number of twenty Persons at the least into our said Province of Maryland there to erect and make and settle a Considerable Plantation.... Now know yee that we having Good Experience of the honor worth and good Abilities of the said William Mitchell and of his faithfulness to us and his real desires and intentions for the Good and Prosperity of our said Province and reposing special trust and Confidence in his Wisdom diligence and Experience do upon such his Settlement and Plantation in our said Provc as aforesaid by these presents constitute and appoint him the said William Mitchell to be one of our Privy Council of State within our said Province of Maryland .... he the said William Mitchell shall have receive and enjoy all such Powers Dignities Preeminence Jurisdictions Privileges immunities and Advantages whatsoever which are belonging and incident to one of our Privy Councilors .... we do hereby further Constitute and Appoint him the said William Mitchell to be one of our Justices & Commissioners for the Conservation of the Peace within our said Province of Maryland...."

William's statement was recorded in Maryland court records the following month on 4 Apr 1650: "Whereas I, William Mitchell of the City of Chichester in Sussex Co., gent. did formerly intend a voyage in person to Md. or Va. in the ship the Thomas and John, I have provided myself with servants and other necessities and shipped 2 of my children; but I shall for some time remain in England. I do therefore depute + trust as my assignes to dispose of all my men servants + boys shipped upon my account unto the charge of Mr. John Henshaw, Mr. Richard Hodgkins, and Christopher [Grey] (my children and cook excepted) together with all my iron ware and other truck + commodity (my household stuff excepted) which together with my women servants I leave totally to the ordering + disposing of Anne Boulton my servant. Hereby ratifying + confirming whatsoever they the said John Henshawe, Richard Hodgkins, Charistopher Grey and Anne Boulton shall do in the premisses (they keeping an inventory of all the said goods + chattels on their 1st landing + to give account to me) as well as if I were present. Signed Willm. Mitchell. Sealed + delivered in presence of Thomas Robinson & Richard Dorrington."

In Feb 1650/51 William Mitchell received a commission from Mr. Robert Kodger "before his departure from Holland" that upon his return "the said Mitchell shall deliver to the said Kodger such man servants as the said Kodger shall claim out of the servants that shall be transported who are to serve the said Kodger for the term of four years." In consideration of this agreement Mr. Kodger promised Captain Mitchell 3 pigs, 25 shoats and other goods, upon his return. Mr. Kodger required Mitchell to leave as security his servant Vincent Atcheson.

William was named in a power of attorney on 9 Jul 1651 at Northampton Co, VA. On 22 Apr 1656 Ursula Browne of Accowmacke in Virginia, widow & Extr of her late dec'd husband Mr. Jno. Browne, made a power of attorney; recorded with the power of attorney was a letter dated 9 Jul 1651 to Mr. Jno. Browne from Lawrence Coughen stating that "You are to receive of Capt. Mitchell: (if he will stand to his bargain which I question not) £308-18-6 he being to pay you 12d sterling for every 10 stinres(?) Holland money by agreement between you. The 924 guilders, 11 stinres (?) 8S which you ___ me, I have put down to Capt. Mitchell's account & made him debtor for it (as by his & your order). I desire to hear from you with what speed you can; there is a ship going from Rotterdam towards Virginia; with the first easterly wind I suppose she runs more than ordinary danger I have not else but rest."

Before he returned to Maryland, William, who was married, persuaded William Smith to allow Smith's young widowed daughter Susan Warren to go with him to Maryland. Once on the ship bound from Portsmouth, England to America, William was noted by others aboard harshly treating, threatening and hitting Susan.

William was suspected of poisoning to death his first wife on the voyage to America. When Susan Warren was deposed on 22 Jun 1651 she testified William had asked her to marry him despite his being married and she refused. He then went to the doctor and "I saw him buy of the Doctor Some quantity of Opium which he told me he would give his Little Devil as much of it as would give her a long Sleep ..." Susan warned the then Mrs. Mitchell against taking any Phisick of her husband's prescribing. Depositions of others showed Mrs. Mitchell begged that opium not be purchased and that she had "one of her Swounding fitts upon her and lyeing like a Dead woman ... Capt Mitchell replyeing let her alone...."

William arrived in Maryland on 30 Sep 1651 with his family, servants and service providers.

William patented land on 20 Oct 1651 at a tract known as Rich Neck, Talbot Co, MD. This tract was surveyed for William by Robert Clark, then Surveyor General of the Province, and contained 1,000 acres. William sold this land to Sherrif Phillip Land who had purchased his other tract in the same area.

William served on the Provincial Council of Maryland starting in 1651. Because Cecil Calvert, Lord Baltimore and proprietor of Maryland, had confidence in Mitchell's "honour, worth and good abilities" he had appointed him a member of the council. Yet within a year after he had come to Maryland, William was in disgrace.

After William and Susan Warren arrived in Maryland in Sep 1651, they lived together at a place called "The White House." William claimed that in consideration of the one hundred pounds sterling he loaned Susan Warren, who he called Miss Williams, she had promised to act as his servant until this loan was repaid -- a story with which she disagreed and others supported her position. After Susan became pregnant by William, he decided to get rid of the baby and made a concoction consisting of a very strong physic mixed with eggs which he forced Susan to eat. Soon after this was administered, Susan became very ill for days. The court requested testimony from witnesses in regard to this incident, and Susan requested the court provide maintenance for her to live separately.

William was named in a lawsuit on 20 Jan 1651/52 in Maryland in William Smith [Susan Warren's father] vs Capt. William Mitchell. "The suit for debt on promise to make full and complete provisions for the Company's voyage, hither, stay and return at leisure without any charges to the plantiff as by letter made under defendants own hand. The Company was drawn from Defendants dwelling house in Debtfordshire in the Kingdom of England, to London and from thence to adventure himself for these parts and upon like persuasion and promise of satisfaction to the Company discussed and laid out by the Def't of 23 lbs Sterling, etc."

William sued Sherrif Nicholas Gwyther on 24 Mar 1652 for 'serving a Writt of Execution upon William's estate and taking a Wastcoate; the sherrif responded that the wastcoat was delivered to him with one of the plaintiff's children whom the sherrif took out of charity to keep the child from being left unprovided for by the plaintiff, who was thought to have fled the Province, and that caring for the child cost more than the wastcoat's value.' The court aquitted the sherrif.

William was named in another motion recorded in St. Mary's Co, MD court records on 20 Jan 1651/52. "Upon the humble motion of Susan Warren, who in open court confessed herself to be with child by Capt. William Mitchell, that she might be allowed maintenance and accomodations out of the said Capt. Mitchell's estate fitting and convenient for her in the case she is in according to the rank and quality she came into the Province. It is therefore ordered that Mr. Cuthbert Fenwick, Capt. Mitchell's Attorney, shall cause of him provisions and maintenance of Defendants apparal, lodging and attendance to be allowed her during the time of her child bearing and afterwards till this court shall think fit to make further order."

About a month before Susan's baby was born, she reported to the doctor that her baby was dead. Mary Clocker testified on 28 Jun 1652 she was midwife to Susan Warren who stated during delivery Capt. Mitchell was the father of the child, which was stillborn, and that he had given her a Physick to destroy the baby. Susan was tried for having an illegitimate child and was to receive 39 lashes but apparently some on the Council interceded on her behalf, so it is unclear what penalty she received.

For his ill treatment of Susan, Lord Baltimore compelled Willam to resign as a member of the governor's council in Maryland and forbade him thereafter to hold any public office in Maryland.

William Mitchell continuted with his ill-reputed ways. William Wilkinson aged fifty years of thereabouts swore on 1 May 1652: "... about 10 Apr last past ... Capt Mitchell and a young woman with this Depon[en]t were present requesting this Depon[en]t and John Baily to bear Willness that he took that woman to his wife and that they were formerly contracted together...." Similar testimony was received from John Baily.

On 22 Jun 1652 William was jailed, according to his own petition, for "Murther, Atheisme and Blasphemy." The prosecutor said William's crimes were "Soe many and Soe Haynous, that I have not known or heard to the like.... Svillanous Courses, and to mock and deride all Recandalous course of like and gross heinous offences.... colour over his Villanous Courses...."

Among the many depositions taken was that of William's common-law wife. "The Confession of Joane Toast the pretended wife of Capt Wm Mitchell made 29 Jun 1652 taken by the Grand Jury Saith: That since her Joyning together with Capt Mitchell before Mr. Wilkinson in way of Marriage they have been as man and wife in reference to the Marriage bed. Sign[ed] Joane Toast."

William was charged with atheism, murdering his first wife, adultry with Susan Warren, murdering his unborn child by his mistress Susan Warren and fornicating with Joane Toast. William was tried by jury and the court ordered him to pay 5,000 pounds tobacco and cask or the value thereof, enter a bond for good behavior, separate from Joane Toast until they were legally married, and to pay court charges and fees. This issue did not end here because on 25 Sep 1657 William petitioned the Patuxent, MD court for an Error in Judgment; thus in Mar 1658 William was to re-plead his case.

In a 20 Jan 1653 lawsuit William "...Sues for an Extent of the house and plantacon [sic] call St Thomas where he now dwelleth, for Satisfaction of a Servant Conditioned to be paid by..." Leavin Buskin. St. Thomas was located in St. Mary's Hundred, St Mary's Co, MD.

William was next in court because he harshly treated Ann Boulton, his family's governess, and then sold her for two cows to Francis Brooke to be his wife. That event caused an attachment of 2.500 pound tobacco from William's estate when the Brookes took him to court on 7 Jun 1653 for non-payment of her wages. Resolution of this and other issues dragged on with William out of the country until after Ann's death the court awarded Brookes 2,400 pounds tobacco on 25 May 1654 and dismissed William's cross-suit. Of course William filed an appeal.

On 26 Mar 1653 the court decided in the delayed suit of Susan Warren vs William Mitchell that she was to be freed and discharged of any responsibility to William and he was to pay her court fees. This was not the end of William's legal issues, as he was continuously in court for various problems, predominantly issues with servants, overdue accounts and livestock sales.

By 29 Apr 1654 while William was out of the country, the court ordered William's estate be attached pending resolution of a lawsuit. In 1655 William represented Thomas Orley of Virginia as his attorney in Maryland court; later the court made it clear William could not represent anyone. William also may have owned 2,200 acres called Poplar Neck in Anne Arundel Co, MD or this may refer to his son William who owned part of Poplar Neck. William was named as a headright on 2 Oct 1655 in Northampton Co, VA for Thomas Leatherberry and again on 27 Nov 1657 in the same county, this time for Thomas Bell.

A sequence of events involving his Maryland estate indicated William had difficulty paying his debts; the chronology was in 1653 William apparently mortgaged his St Thomas property to Henry Fox for 727 pounds; in 1656 William threw Fox out of his house, stating he had no title to the property; Walter Hall put an attachment on William's estate for the 727 pounds; and in 1658 the court allowed Henry Fox to take part of the William's land. The details were as follows.

William's land at "The White House" in Maryland was adjacent to that of the Fox family. First on 20 Apr 1653 William appointed his "loveing friends William Johnson and Henry Foxe my true and Lawfull Attorneys... in all Busineness relateing either to my Self or my children...."

The same day on 20 Apr 1653 William mortgaged his "St Thomas" estate to pay some of his debts totalling 727 pounds tobacco: "Whereas Henry Fox is ingaged for mee to Mr Thomas Hatton for fowre hundd fowrty & three pownds of Tob & cask & to Mr Gwyther for flue hundd and ninety pownds of Tob & cask & some odde, of wch I haue made him paymt of Three hundd & six pownds of Tob & cask, now know all men by these pents That I Capt Willm Mitchell haue for & in consideraon of the sd Ingagemts graunted bargayned & sold unto the sd Henry ffox, as his Assignes all my Estate, right tytle & interest of & in the howse wherein I now dwell commonly called St Thomas, wth the Land & appurtenances thereunto belonging, To haue & to hold to him & his Assignes untill the remainder of his sd ingagemts amounting unto Seauen hundd Twenty & seauen pownds of Tob & Cask be fully satisfyed & payd: or hee the sd Henry Fox be fully & sufficiently saued & kept harmelesse & indempnifyed from soe much of them. In wittnes whereof I the sd Capt Willm Mittchell haue hereunto sett my hand, this 20th of Aprill 1653 Will Mitchell. Tested by Vs Pa. Simpson, Raph Crouch.

John Lewger was deposed in regard to an incident in 1656: "John Lewger gentn aged 30 yeares or thereabouts 28 April 1658, Deposed, Sayth That about February in the yeare 1656, hee this Depont heard Henry Fox demand of Capt Willm Mitchell, the White Howse standing att St Maries, & the sd Mitchell replyed tht the sd Fox had noe Tytle or interest therto: & therfore bad him beg one out of it, And tht att the same time, hee did see the sd Capt Mitchell, take the sd Fox by the shoulders, & turne him forth of doores, & further sayth not. Jurat, Corae Ed. Scott."

Five years later William had still not repaid the 1653 debt so on 5 Apr 1658 the Maryland court put an attachment on William's estate: "Walter Hall demandeth Attatchmt uppon the Estate of Capt Willm Mitchell to the valew of Seauen hundred twenty & Seauen pownds of Tob & cask iust Debt, due by couenant or Bill under his hands, Ano 1653 & not yet satisfyed, wth costs & dammages. Attachmt to the Sheriffe of St Maries County to attach &c: to the valew of fowrteene hundd & fifty pownds of Tob. & cask Ret. att the Prouinciall Court to bee held in Septembr next."

On 7 Oct 1658 uppon the demand of the plf [Walter Hall] for Seauen hundd Twenty & seauen pownds Tob & cask, The deft [William Mitchell] not appearing, And the plf producing a Couent shewing tht the deft ingaged a Tenemt in consideraon of that debt demanded, as is expressed in the sd Couent The Court not finding any debt due from the deft to the plf, but by tht Ingagemt of St Thomas's howse. It is Ordered tht the ptf haue his remedy agst the Land. This researcher was uncertain if a tenement meant rented part of the land to a tenant or if it referred to the original mortgage agreement with Fox. Many attachments were laid against the estates of men who had left Maryland, especially against that of William; thus after this point in time the claims and attachments against William's estate for debts continued in court.

In 1655 William had represented Thomas Orley of Virginia as his attorney in Maryland court; however later William's reputation with the court was so unfavorable the court banned him from serving as an attorney. On 29 Dec 1657 at a provincial court held at Putuxent [Patuxent], MD the court stated : "Whereas Mr Henry Coursey in a Suit wherein the Said Coursey is plantiff, and Capt William Mitchell appearing as Attorney for Thomas Seamor and Joseph Edlow in that Suit defandants moveing this Court that the Said William Mitchell is not a man to be permitted as an Attorney in any man's Cause being a man not quallified to that purpose according to Stat 3d James 7. Ch: in a Clause therein Specified concerning the qualification of Attorneys, And the Said Coursey produceing the Records of this Province to prove that the Said Mitchell is not to be admitted, as Attorney or Solicitor according to that Statute, The Court not willing to dismiss or Suspend the Said Capt Mitchell upon that order untill a farther hearing in March Court next, but the Said Capt Mitchell having formerly Engaged himself by promise not to appeare in any mans Suit as Attorney but what Imediately relates to himself, The Court doth therefore Order that the Said Mitchell in respect of his promise be not admitted as an Attorney in any Suit in this Court unless the Court in march next upon farther Determinacon thereof, do permitt and allow the Said Mitchell to be Attorney or Sollicitor in other mens Causes."

Meanwhile, William's reputation in Virginia seemed intact. He represented Northampton Co, VA in the Virginia House of Burgesses at Jamestown, VA from 1657 to 1658. He also was appointed to a committee to regulate the Commissioners of the County Courts beginning 29 Mar 1658 and a House-appointed committee to investigate the Assembly's power.

William was granted a certificate for 500 acres on 20 Dec 1658 in Northampton Co, VA for transporting 10 people into the county: William Michell and Joane his wife, George Michell, Margrett Michell, Elisabeth Michell, Edward Davis, Nicholas Berrkley, Thomas Fowkes, Robert Hill and Joane his wife. No patent was recorded in the Virginia Land Patents and Grants for this land, however.

That same date the Northampton Co, VA court ordered William to pay Rev Teackle, the parish minister, his usual dues; William cited his "privilege as a Burgess" as his reason for not paying.

By 22 Apr 1659 William was already dead because on that date "Capt Thomas Cornewalleys demandeth Attatchmt agst the Estate of Capt Willm Mitchell for 1000 Tob. Writt to the Sheriffe of St Maries County to attatch &c: Ret next Prouinciall Court." The suit continued with: "The plf, by his Petn demandeth Order for 1000 poound Tob agst the deft, attatched in the hands of Thomas Mitchell There being much more due unto him by sundry specialties under the defts hand, then what is here attatched. The deft not appearing eyther by himself or Attorney, And it being proued in Court, That the Defts Attorney Capt Thimbleby had notice gyuen him of this Attatchmt & demand. It is Ordered that the plf haue Judgmt for the sd Thowsand pownds of Tob formerly attatched in the hands of Thomas Mitchell (it being the Estate of Capt Willm Mitchell deft) according to his sd Petn & demand."

Following William's death, administration was filed on 1 Nov 1659 by his wife Joan. Significant debts were brought to court by various well-known landowners and the estate apparently finally settled on 17 Jan 1660/61 in Northampton Co, VA.

Extensive data about actions taken against William in court are recorded in Archives of Maryland: Judicial and Testamentary Business of the Provincial Court 1649/50 - 1657, William Hand Brown, editor; Provincial Court 1658-1662, http://aomol.msa.maryland.gov/000001/000041/html/index.html; and summarized online (http://espl-genealogy.org/MilesFiles/site/p743.htm#i74211.)

For more extensive information see Moody Miles biography of William Mitchell at http://espl-genealogy.org/MilesFiles/site/p743.htm#i74211. Among Moody Miles sources are:

[S497] James Handley Marshall, Northampton Co, VA, Abstracts of Wills & Administrations, 1632-1802, p. 52 (adm of Capt. William Michael or Michell to Joan Michael).
[S2070] Visitations of County Sussex, 1530 & 1633-4, The Harleian Society, Vol LIII, for the year MDCCCCV, p. 141-142 (Michell Arms & Descendant Chart).
[S2197] Sutherland McColley, to M.K. Miles, citing Maryland Historical Magazine edited by William Hand Browne, Louis Henry Dielman.
[S2595] Archives of Maryland, Proceedings of the Council of Maryland, 1636-1667, Volume 3, Liber C.B., page 230-232 (regarding Capt. Wm Mitchell).
[S2578] Sherrie Mitchell Boone, to M.K. Miles, providing a copy of Maryland Provincial Court Proceedings, 4 Apr 1650, Archives X, p. 44; 6 Oct 1659, Archives 41, p. 335, 397
[S2581] Walter V. Ball, The Wheeler Family of Charles County, Maryland: A History and Genealogy of John Wheeler, 1630-1693, Immigrant to Maryland in 1652, and Some of His Descendants, (Source: Land Record Book No. 1, in the Land Office in Annapolis, MD, p. 175, 178, 225-226, 248, 277, 299, 310, 314-322, 328, 439, 447, 456, 589).
[S2135] Dr. Howard Mackey and Marlene A. Groves - CG, Northampton Co, VA Record Book: Orders, Deeds, Wills &c, Volume 05, 1654-1655, p. 168-170 (Power of Attorney from Ursula Browne to Peter Wraxall); Volume 6 & 7-8, 1655-1657 (sic) 1668, p. 111-112 (power of attorney from James Jones to Capt. Wm Mitchell); Volume 07, 1657-1666, p. 3 (deed of Gift from Randall Revel to his son Edward Revel); p. 56 (Nicholas Waddelow deed to Rich: Teague); p. 71 (power of attorney from Wm. Johnson to James Longworth), p. 71 (power of attorney from Richard James to Randall Revel); p. 115 (power of attorney from Joan Michael to Randall Revell).
[S2105] Dr. Howard Mackey and Marlene A. Groves - CG, Northampton County, Virginia, Record Book, Court Cases, Volume 08, 1657-1664, p. 35 (29 June 1658 Court), p. 60 (20 Dec 1658 Court), p. 71 (20 Dec 1658 Court), p. 89-90 (1 Nov 1659 Court), p. 95 (28 Nov 1659 Court), p. 116 (29 May 1660 Court)
[S2197] Sutherland McColley, to M.K. Miles, citing Maryland's Colonial Eastern Shore: Historical Sketches by Swepson Earle, Percy G. Skiven.
[S2197] Sutherland McColley, to M.K. Miles, (Source: Crime and Punishment in Early Maryland by Raphael Semmes, The Johns Hopkins University Press, Baltimore and London, 1938, p. 174 - 175).
[S2069] Rev. Edward Duffield Neill, The Founders of Maryland as portrayed in Manuscripts, Provincial Records and Early Documents, p. 124.
[S2067] Vernon Skinner, Abstracts of the Proprietary Records of the Provincial Court of Maryland, 1637-1658, p. 310, 315, 318, 329.
[S2068] Maryland Genealogical Society, Maryland Genealogical Society bulletin, Volume 37, 1996, p. 148-149 and 339.
[S893] Nell Marion Nugent, compiler, Cavaliers and Pioneers, Abstracts of Virginia Land Patents and Grants, 1623-1666, Vol I, p. 324 and 356 (Patent Book No. 4)
[S2580] Alan F. Day, David W. Jordan and Gregory A. Stiverson Edward C. Papenfuse, A Biographical Disctionary of the Maryland Legislature, 1635-1789, Volume 2: I-Z, p. 599, Biograpies (William Mitchell)
[S2579] H. R. McIlwaine, Journals of the House of Burgesses of Virginia, 1619-1658/59, p. 108 & 110.
[S224] Clayton Torrence, Old Somerset on The Eastern Shore of Maryland, p. 304.
[S2588] Bernard Christian Steiner, Archives of Maryland, XLI, Proceeding of the Provincial Court of Maryland, 1658-1662, p. 227, 247-248, 281, 336, 372, 397.
[S410] Northampton Co, VA, Orders, 1657-1664, p. 36 (provided by Vernon Skinner).
--William Hand Brown, editor, Archives of Maryland: Judicial and Testamentary Business of the Provincial Court 1649/50 - 1657, Baltimore, Maryland Historical Society, 1891 (Governor's Council records of Capt William Mitchell as a judge, plaintiff, defendant and lawyer)
--Proceedings of the Provincial Court 1658 - 1662, Volume 41, http://aomol.msa.maryland.gov/000001/000041/html/index.html (Capt. William Mitchell's continued court records)
--Archives of Maryland Online: Proceedings of the Provincial Court 1658-1662, vol 41, p. 233-234,
http://msa.maryland.gov/megafile/msa/speccol/sc2900/sc2908/000001/000041/html/am41--233.html (Cornwaleys v. Mitchell's Estate.)

     (1st wife of Wm Mitchell) (Unknown) was born a 1620 at Sussex, England. She married CPT William Mitchell I, Esq c 1640.¹ (1st wife of Wm Mitchell) (Unknown) died in 1650 at England.¹

     Anne Mitchell was born a 1631 at Co Sussex, England. She was the daughter of William Mitchell and Anne Alwin.