Second marriage to Bedford is not mentioned in Maxey's of Virginia

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Source: Lon Wright
Walter Maxey, son of Edward and Susannah, was born in Virginia. By his father's will he received, after his mother's death, half of the land on which they lived in Goochland County, Virginia. This part of Goochland later became part of Cumberland County. There is a deed dated 12 April 1748 in Goochland County, Book 5/400-401 by which his brother, Silvanus, conveyed to Walter the remaining 200 acres of land. It reads as follows: 

"This indenture maid this twelvth day of April one Thousand Seven hundred and forty eight Between Silvanus Maxey of the County of Albermall of the one part and Walter Maxey of the County of Goochland of the other part Witnesseth that the sd Silvanus Maxey for divers goods causes and Considerations him theirunto moving but more Especially for the Valliable Concideration of thirty two pounds Currant Money of virginia to him in hand paid the Recept whereof he doth hereby acknowledge and himself therewith fully Sattisfied Contented and paid hath given granted Bargained Sold aliend Enfeoffd and Confirmd and by these presents doth give grant bargin Sell alien Enfeoff and Confirm unto the said Walter Maxey his heirs Executors administrators or asigns one Certain Trect of Land Statute lying and being in the County aforesaid which sd Trect or percell of Land lying and being South side James River and on both sides Jones' Creek Containing two hundred Acres more or less it being part of a Trect of Land Patent in the name of Edward Maxey deceased bearing date the Seventeenth Day of August one thousand Seven hundred twenty five it being the East most part of the said Tract and devided from the Residue by a line of new markt Trees deviding between he the sd Walter Maxey and the Silvanus Maxey and from thence Wm Blackburns line from thence to Nathanil Bassits line thence to Edward Maxeys Junr Line thence along the sd Line to John Radfords line thence along John Radfords line to the deviding line TO HAVE AND TO HOLD porsess and Enjoy the said Trackt or passel of Land with all the appertenances therunto Belonging unto the said Walter Maxey his and asigns for ever to the onley proper use of him and his hairs for Ever and the said Silunus Maxey Doeth fourthe agree with the said Walter Maxey that he will for Ever herafter Warrant and for ever Defend the aforesaid Land premisseis from himself his Hairs Executors administrators and from aney other person or persons whatsoever Lawfully haveing Claining or Rightfully pertening to have aney Right Title or Intruest Clame or Demand into or out of the said Tract or parsall of Land IN WITNESS whereof the aforesaid Silvanus Maxey haeth hereunto Set his hand fixed his Seal the Day and year above written 

"Signed Seal and Delivered Silvanus Maxey 

"In presences of us Elizabet Maxey 

"Test John Radford William Maxey Nath Maxey 

Walter sells part of this land as shown in a deed in Cumberland County Virginia, Book 3/350-351, on 7 December 1762 (record is stained). 

"This Indenture made this seventh Day of December in the Year of our Lord Christ one thousand seven and sixty two Between Walter Maxey ____ the County of Cumberland of the one part and Creed Haskins of the s___ County of the other part Witnesseth That the said Walter Maxey for and ___ consideration of the Sum of three hundred and ninety Pounds ___ Shilling Current Money of Virginia to him in hand paid by the said Creed Haskins the receipt hereof the said Walter Maxey doth hereby acknowledge Hath given granted bargained and sold and by these Presents doth give grant bargain and sell unto the said Creed Haskins his Heirs & Assigns forever on certain Tract or Parcel of Land containing by Estimation four hundred Acres be the same more or less lying and being on the South side James River in the County of Cumberland & bounded as followeth to wit Beginning at a corner white Oak of John Radfords Land on Hones's Creek thence South one hundred chains to a corner black oak in a Bottom of Fighting Creek thence East one hundred and sixty Chains to an Oak thence North on hundred Chains to a corner Oak on Radfords Line thence on Radfords Line on hundred and sixty Chains to the Beginning it being a Tract of Land x x x x granted Edward Maxey by Patent bearing Date the seventeenth Day of August on thousand seven hundred & twenty five and left to be divided between Walter Maxey party to these Presents and Silvanus Maxey by the last Will & Testament of Edward Maxey bearing the date the eighteenth day of April one thousand seven hundred and thirty seven Silvanus Maxey's part conveyed to Walter Maxey part to these Presents by Deed bearing date the twelfth day of April one thousand seven hundred and forty eight Together with all Houses Woods Waters and all other the appurtenances thereunto belonging or in anywise appertaining To have and to hold the said Land and all and xxxx every of the appurtenances unto ----- Creed Haskins his Heirs & Assigns forever And the said Walter ----- himself and his Heirs Covenant and agree ----- he the said Walter Maxey and his H ----- mises with all and every of the ----- Haskins his Heirs and assigns ---- and forever defend ---- set his hand 

----- present of 

"Memorandum Livery and Seizure of the within mentioned Land and Premises is hereby acknowledged to be made 

----- Chs Haskins Walter Maxey 

----- ____S Thomas Ballon 

John Maxey _______________ Smith 

"At a Court held for Cumberland County 28th March 1769. 

"This Indenture and the Memorandum of Livery and Seizure endorsed were acknowledged by Walter Maxey a party thereto and by the Court ordered to be recorded and Mary Wife of the said Walter being privily examined relinquished her Right of Dower in and to the Land and Premises conveyed by the said Indenture. 

Test Thompson Swann Clk" 

On 20 August 1763, Walter purchased land in Bedford County, Virginia, Book 2/351-352. (I guess the book would not flatten out for filming, so the inside columns of the pages are incomplete. This is noted by "---".) 

"This Indenture made this Twenty day of August one Thousand Seven Hundred and Sixty three Between Saml Smith & Grezel Smith his wife of the County of Halifax of the one Part and Walter Maxey of the County of Bedford of the other Part Witnesseth that the said Saml Smith and Grezel Smith for and in Consideration of the sum of Two hundred and ten Pounds Current Money of Virginia to them in hand paid the Receipt whereof he doth hereby acknowledge _____ Granted Bargained and Sold and by these Presents doth grant Bargain and sell unto the said Walter Maxey to his heirs and assigns forever one Certain Tract or Parcel of Land containing one Hundred and Thirty Acres land parcel tract of Land Containing one hundred and sixty acres which he purchased of William Lax situate lying and being in the said County of Bedford the West side of Stanton River and Bounded as followeth to wit beginning at a Sycamore --- Stanton River thence South fifty Degrees East one-hundred and forth Eight Poles to a White Oak thence South ----y poles to a Red Oak thence south fifty Degrees East one Hundred and Twenty Poles to a White Oak Lon a Line of Marked Trees and Cornering -- the said Stanton River and up it as it Meanders --- Beginning Including one Hundred a--- Together with all houses out houses Edifices Yards Gardenings Orchards Waters Ways --- Hereditiments and Appertenances to the -- Belonging or in anywise appertaining and and profits thereof and all the Estate Rite Title Property and Claim of them the said Samu-- Grezel Smith of in or to the same or any part --- and to hold the said one Hundred and Th--- Land and Premises with the appertance--- said Walter Maxey his Heirs and assigns for--- said Samuel Smith and Grezel Smith doth f--- and there Heirs hereby Covenant promis-- to and with the said Walter Maxey his Hei--- that he the said Samuel Smith and Grezel --- Heirs and Assigns against him the said --- Smith and Grezel Smith and their Heirs --- all and every Other Person or Persons whats--- whereof the said Samuel Smith and Grezel --- hereunto set there hands and seals the Day first above Written 

In present of Samuel Smith 

Jeremiah Le_berry John Smith Grezel Smith 

Josiah Maxey Thomas Smith 

"That on the Day and Year first written --- and Quiet possession and seizen of the --- within Granted was had and Taken by --- Samuel Smith and Grizel Smith his wife and by Them Delivered unto the within Named Walter Maxey According to the form and Effect of the within Deed 

in presence of Samuel Smith 

Jeremiah Lo-bery Grizel Smith 

John Smith Josiah Maxey 

Thomas Smith 

"Rec'd the Twenty day of Augt on Thousand Seven hundred and Sixty three of Walter Maxey the sum of two hundred and Ten pounds Current Money Money of Virginia Being the Consideration Money Within Mentioned for the Land and Premises within Granted and sold according to purport and Law Intent and ------ of the within Deed Samuel Smith 

I say Received of me Grezel Smith 

Jeremiah Losbery John Smith Josiah Maxey Thomas Smith 

"In a court held for Bedford County February 24th 1763 this Indenture and Memorandum of Livery (fades in and out)" 

This is then a second deed in Bedford County, Virginia, Book 2/354-356, on 20 ______ 1763 between the Smiths and Walter Maxey. Once again, the text in the inside column is unreadable in my copy. 

"This Indenture made this Twentyeth day --- Hundred and Sixty three Between Samuel Sm--- Smith his wife of the County of Halifax of the o--- Walter Maxey of the County of Bedford of the --- Witnesseth that the said Saml Smith & Grizel --- wife for and In Consideration of the sum of T---- and Ten pounds Current Money of Virginia ----- hand paid the Recet whereof wee doth ----- hath Granted Bargained and Sold and by th--- Doth Bargain and sell unto the said Walter Ma--- to his Heirs and Assigns forever one Certain T---- of Land Containing Three Hundred and --- acres Granted to the said Sam Smith by Pattent the Elivent day of July one Thousand seven h------ Sixty one in the third Year of Our Reign Si---- Being in the County of Bedford on the North si--- River and Bounded as followeth to wit Begin--- White Oak on the Bank of the said Fiver then--- seventy five Degrees East Two Hundred and --- Poles to a pine South Sixty Degrees East on H---- ninety five poles to a White Oak south fifty E---- Degrees East Four Hundred and fourteen p---- Oak South Twenty Nine Degrees west Eighty f--- White Hickory on the said River aforesaid a--- the Stream hereof as it Meanders to the ---- Together with all Houses out houses Edifices ---- Yards Gardinings Orchards Water ways p---- and appertenances to the same Belonging -- appertaining and the Reversion and --- and Remainder Rents Issues and pr---- Other Estate Rite Title Interest Property and --- the said Saml Smith & Grizel Smith ----- part thereof to have an to hold the said Three Hundred and ninety Eight acres of Land and premises with the Appertenances unto the said Walter Maxey his Heirs and Assigns forever and the said sam [sic] Smith and Grizel Smith his wife Doth for themselves and their Heirs and Assigns hereby Covenant promise and agree to and with the said Walter Maxey his Heirs and Assigns that we the said Sam Smith and Grizeel Smith their Heirs and Assigns against them the said Samuel Smith and Grizel and their Heirs and aGainst all a Every other Person or Persons Whatsoever In Witness Whereof the said Samuel Smith and Grizel hath hereunto set their hands and Seals the Day and Year first above Written 

In present of Samuel Smith 

Jeremiah Losbery Grizel Smith 

John Smith Josiah Maxey Thomas Smith 

"That on the day and Year first within Mentioned ---- and Quiet possessions and seigen of the Land & Premises within Granted was had and taken by the within Names Samuel Smith and Grizel Smith and by them Delivered unto the within Named Walter Maxey according to the form and ---- of the Deed 

--n presence of Samuel Smith 

Jeremiah Losbery Grizel Smith 

John Smith Josiah Maxey Thomas Smith 

"---the Twenty Day of Aug one Thousand Seven Hundred and sixty three the sum of Two Hundred and Ten pounds Current Money of Virginia being the Consideration Money ---thin Mentioned for the Land and premises within Granted --s sold Recording to the purport and the true Intent and Meaning of the within Deed 

I say Rec'd fine Samuel Smith 

Jeremiah Losbery Grizel Smith 

John Smith Josier Maxey 

Thomas Smith 

"At a Court held for Bedford County February 24 --- This Indenture and Memorandum of Livery ---- and Receipt hereon Indorsed ware proved by --- of John Smith and Josiah Maxey and at a Cou---- said County May 22d 1764 the same ware furthe--- the Oath of Thomas Smith and ordered to be ---- 

Teste Ben Howard CBC 

A 1727 will of another Edward is in Henrico County (I have not yet found it). A Ms. Clark has a story that Walter moved from Cumberland County to Bedford County (in part that became Franklin County in 1785) because his honor had been called into question by the parish. It seems he had neglected to name son Walter Jr. (16 years old) as a tithable. A suit was begun against the father 28 June 1762; he did not contest it (that would have entailed taking a stand against the King) and was fined 50 pounds of tobacco for the use of Southam parish. (I have not checked records for this suit.) 

The last record I have been able to locate concerning Walter is his will in Franklin County, Will Book 1, pp. 69-70. 
Franklin County, Virginia 
Will Book 1, p 69-70

In the name of God Amen I Walter Maxey of Franklin county being of Sound and Perfect Memory Thanks to Almighty God for it do make and Ordain this my last will and Testament in manner and form following I recommend my Soul to God who gave it hoping through the Merits of my Saviour Jesus Christ to Receive Pardon & forgiveness for all my Sins. My Body I desire it to be Decently Buried at the Descrition of Executors hereafter Named and as for my Estate that it hath Pleased god to Bless my with in this world I dispose of in the following manner and form Viz. 

Item I give unto my Son Josiah Maxey two hundred Acres of Land whereon he now lives lying on Black Water and being in the County of Franklin 

I give unto my Son-in-Law John Craghead two hundred Acres of Land Whereon he now lives being in the County of Franklin lying o Black Water 

I give to my Daughter Lucy Cowden after my wife's death the Bed that I lent her which She has now in possession that is after my wife's Decease 

to Susannah Sullivan my Daughter I give one Bed that is to say that She has now in possession to be her own property after the Decease of my Wife 

I give to my Sone in Law John Craighead the bed I lent to my daughter Jane Craghead 

I give to my Daughter Ester Camp the Bed that I lent her which she has now in her keeping. 

Item I lend to my Beloved Wife Mary Maxey my whole Estate Real & Personal (except the above mentioned things already given) During her Natural life or widowhood and after her death to be Equally divided among my Children Jesse Maxey Walter Maxey Josiah Maxey Jeremiah Maxey Mary Adde Lucy Cowden Susannah Sullivan Ester Camp and likewise John Cragheads Children that he had by his first wife Jane to have an Equal Share with one of my Children 

Item I give to my granddaughter Mary Craghead one Cow and Calf 

Item I do ordain Constitute and appoint Josiah Maxey and Jeremiah Maxey My Whole and Soul Executors of this my Last Will and Testament in Witness whereof I the Said Walter Maxey have set my hand and Seal this Fifth Day of March In the Year of Our Lord One Thousand Seven hundred and Ninety One Sealed Signed and Delivered by the sd Walter Maxey as and for his Last Will and Testament and one other in the Presents of 
  
John Maxey
Barnebus Maxey
Walter Maxey
Janathan Barnard

At a Court held for Franklin County September 1791 the will & Testament was produced in Court by Josiah Maxey & Jeremiah Maxey the Exers therein named & Proved by the Oaths of John Maxey Barnabas Maxey & Exors therein Named & Proved by the Oaths of John Maxey Barnabas Maxey and Jonathan Bernard Witnesses thereto Subscribed and Ordered to be Recorded 

And on the motion of Walter Maxey one of the Exors therein named who made Oath thereto Certificate is Granted him for Obtaining probate thereof in due from the Other Executors refusing to Join in the Probate thereof. 
_____________________

 According to The Maxey's of Virginia Vol. 2,  the following letter appeared 
in the Maxey Family Reunion Bulletin in 1961 and was written by Mae A. Maxey 
of Hardy Virginia, now deceased:
 
 "The Maxey Cemetery containing the unmarked graves of Wal Maxey, Sr. who 
died in 1791 and near kin....is located on the old Maxey Plantation on a 
sloping hillside overlooking the Blackwater River in Franklin Co., Va.  Their 
remains are to be removed and reinterred on a plot at Mt. Ivy Baptist Church 
which is a very fitting location as it is in the general vicinity in which 
they lived and died and more accessible to travel.  Their peaceful slumbers 
are being interrupted by the rising waters of Smith Mountain Lake formed by a 
dam that is being constructed a few miles below by Appalachian Power Company. 
 All expense of plot, removal and reinterment is being taken care of by the 
power company.  Descendants of this brave and courageous tribe of Maxey's are 
scattered in many states now and a few in foreign countries."
 
 The Wal Maxey that Mae refers to was Walter Maxey, the last surviving child 
of Edward and Susannah Maxey, the Progenitors of the Maxey's.
 
 That is the reason that the reunion is held at the Dam each year.
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