Lambert Tye's death, 1728
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In reply to:
Re: Richard Tye, and Lambert Tye, questions
Jane Doe 6/20/13
6 Apr 1705: Obediah SMITH and Mary his wife, of Henrico Co., to Lanslott WOODWARD and Elizabeth his wife, of James City Co., said Lanslott and Obediah are siezed in right of their wives, which descended to said Mary and Elizabeth from their father , William COCKE. They also have another plantation in James City Co., which also descended to said Mary and Elizabeth from John FLOWERS, their uncle on their mother's side. Obediah and Mary SMITH are to have the plantation in Henrico Co., on Turkey Island Creek, and joining John PLEASANTS mill and lines of Richard POVAY, John COCKE'S and Giles CARTER, now in possession of John AST and Henry LESTER, 254 acres. Lanslott and Elizabeth WOODWARD to have the plantation in James City Co. On Chickahominy river and Warring Creek, next to Bennett FREEMAN and William WIGG. Now in occupation of Thomas HICKS. Witnesses: Henry HOLDCROFT, Sameul BOYS. Signed: Lanslott and Elizabeth WOODWARD
Recorded: 1 Nov 1708 (Henrico Co., VA, Deed #64 pg. 127)
This record mentions a number of surnames which appear in records associated with Lambert Tye.
Lambert Tye was claimed as headright in a 1688 patent of Thomas Cocke for "1650 acres in the parish of Varina, on the south side of Chickahominy Main Swamp, adjoing. the land of John Woodson."(VA Patent Book 7 p. 668).
Another of Thomas Cocke's headrights was John Smith.OBEDIAH SMITH, named in the above deed as Mary Cocke's husband, was a son of a John Smith, possibly the John Smith named as Thomas Cocke's headright.Another headright was William LAMBERT.
Lambert Tye witnessed the will of WILLIAM COCKE, father of the Elizabeth and Mary Cocke who receive land in the above deed.
The deed cited above names John Ast and Henry Lester as being "now in possession" of the land on Turkey Island Creek which went to Obediah Smith and his wife Mary Cocke.John Ast seems likely to be JOHN AUST, who testified in the Katherine Pride court case, as did Lambert Tye.(http://www.archiva.net/hist150ay01/hist150sex.html) Lambert Tye's will mentions Thomas LESTER, possibly related to Henry LESTER.
This, together with other occurrences of associated names, indicates that Lambert Tye was located on the Chickahominy River, on the north side of the James.
Lambert Tye's will was recorded in 1728 in Westover in the adjoining county, Charles City County, north side of the James.Charles City County originally spanned both sides of the James, but in 1702 the part of the county lying south of the James became part of the newly-created Prince George County.In 1724, Westover Parish was made "coterminous with Charles City County". (https://www.familysearch.org/learn/wiki/en/Westover_Parish,_Virginia)
These boundary changes have created some confusion regarding Lambert Tye.Capt Richard Tye's will was recorded in Westover Parish, Charles City County, in 1658.Lambert Tye's will was recorded in Westover, Charles City County, in 1728.At first glance it looks as if these two wills of men named Tye were recorded in the same place, but in fact the two wills were recorded in different counties.Lambert Tye and his wife seem to have lived always on the north side of the river.
Charles City County Will book, 1724/5 Feb 3-1731 June 2:
“In the name of God Amen I Lambert Tye of the parish of Westover and the County of Charles City being sick and week of body but of good Losting? memory ----thanks? be to almighty God for the Same Do I make and ordain this my last will and testament making void all Will or Testament whatsoever formerly made by me and adknowledge this my last Will and Testament, First I boquoath my Sole to Almighty God. then I give unto my Daughter Jeane Overbee One Shilling. then I give unto Edward Bayes one Shilling. Then I give unto Thomas Lester one Shilling. And Mary my loveing wife I leave my whole and sole Executor and Esaocutrix. And the Romainder of my Estate after her Decease to be Equally Divided between my Son Allen Tye and my Daughter Elizabeth Blackburn of this my last Will and Testament to which I set my hand and Seale this tenth Day of April 1728.” Lambert Tye-seal. David Royster, Thomas Clarke, George X More (marke)
Charles City County
At a Court holden at the Court house for the said County the first Wednesday in August 1728 being the seventh day of the month: The afforwritten last Will and Testament of Lambert Tye Decd was probated in Court and proved by the Oathes of David Royster Thomas Clark Jr. and George Moore wittnosos there to and there upon is Ordered tobe recorded. and for that Mary Tye his Executrioc by reason of the infirmitys of old age and in disposition of body is not able to come to Court to make Oath to the said will as the Law Directs. Order for the Obtaining a Certificate for a Probate there of Therefore Francis Hardyman one of the members of this Court is Desired by the Court to go to the said Mary Tye’s house and take her Oath to the said will as the Law Directs and Ceritfio the same to the next Court to this ----?Certificat be granted her for obtaining a Probate therof in due form. Test Littlebury Epes /Cl Cur
Francis Hardyman, who was sent to Mary Tye's house, "...was a justice of Charles City County as early as 1726, and was appointed sheriff on 3 May 1726 and again on 21 April 1727." (from http://www.tc.umn.edu/~timsx001/hardyman.html)http://www.tc.umn.edu/~timsx001/hardyman.html).
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Anne Tye and John Mackmioll
Jane Doe 6/21/13