| || Notes for BENJAMIN WAGGENER, JR.:|
It appears that Benjamin Waggener Jr. lived with his parents until their deaths, on what must have been his grandfather John Waggener's original plantation, in Essex County. Benjamin Jr. must have been at least in his 30's, if not older when they died, and at that point he was not married. He did get married later, to a women named Mary, but it would seem that the had no children. He was executor of his father's estate, and apparently received most of it. He appears to have sold most of his father's plantation in 1770, and possibly some that had been left to his brother Nathan in 1775. Apparently his brother Nathan moved out of the area, and Benjamin cleared up his affairs in Essex County. It appears that Benjamin must have died shortly after 1793, in Essex County.
All of the records listed below came from Crystal Dingler:
****** Fromthe Essex County Clerk of Court Files, Deed Book #27, Pgs. 140-141: There is an indenture dated July 14, 1755, "Between Martha Waggener of the County of Essex and the Parish of Southfarnham of the one part and her son Benjamin Waggener of the County and Parish aforesaid of the other part." The indenture concerns "said Martha Waggener for and in consideration of her Minten during her Natural Life." Benjamin agrees to take care of his mother, and in exchange she gives him the estate, buildings,and property left her by her "husband Benjamin Waggener Deceased." It is noted that if Benjamin Jr. should happen to die before his mother, everything reverts back to her.
There is an interesting clause about what should happen if "said Benjamin should marry during the said Martha's Life and the wife of the said Benjamin Should any ways Disagree with the said Martha his mother." If that should happen, "said Benjamin shall build a house a distance off from the present dwelling on the said Land and Plantation for the said Benjamin and his wife to dwell in and the said Martha shall be no ways Discomposed or interrupted in the liberty of Conviences of her own house." The indenture goes on to add that even if this should happen, the agreement remains intact. It witnessed by Frances Waggener, John Allen, and Rachel Waggener.
(Frances and Rachel are Benjamin Jr.'s sisters, and John Allen is probably a cousin)
****** There are two documents mentioned in the notes for Benjamin Sr., which are dated October 16, 1756 and April 19, 1757, and which concern Benjamin Jr. taking care of his father's estate.
****** From the Essex County County Clerk of Court Files, Deed Book #28, pgs. 263-264: There is a bill of sale dated June 16, 1760, in which a James Bates sells to Benjamin Waggener, "one Negro boy named Essex." The selling price is listed as, "Fifty three pounds Eight shillings current money." The document is witnessed by Mark Davis and Ambrose Greenhill.
****** From Essex County Clerk of Court of Court Files, Deed Book #30, pgs. 26-27: Dated 1765; Benjamin mortgages the 200 acres on which he lives and the slave Essex for 204 pounds to James Ritchie and the Company of Glasgow on North Britian.
****** From the same deed book above, pg. 312: Dated December 23, 1769; Nathan Waggener gives his "well beloved brother" Benjamin Waggener, power of attorney to act for Nathan. Witnessed by Richard Allen, Rachel Waggener, Elener Armstrong.
******Also from the same deed book, pgs 333-335: Dated May 1770; Benjamin sells the land devised to him by his father's will, consisting of 239 acres, to Robert Payne Waring for 335 pounds, 12 shillings. The land was on the north side of Hoskins Creek, bounded by Waring's land, Nathan Waggener's land, and Richard Meador's land.
This appears to be the original plantation of Benjamin Jr.'s grandparents, John and Rachel Waggener, originally purchased 80-100 years earlier. This parcel and the one below, as well as several other adjacent parcels, were apparently purchased between 1770-1773 by an Alexander Smith. In his will (Essex Co. Will Book 12, p.570) dated December 9, 1773 and probated December 20, 1773, he bequeaths all of these parcels of land to his son Samuel Smith.\
****** Again from the same deed book, pgs. 426-428: Dated May 20, 1771; Nathan Waggener sells 92 acres and one half of land, bounded by Waring's land, the land of William Waggener deceased, that of the heir of John Forteleroy deceased and Byrom's land, to Benjamin Waggener for 92 pounds 10 shillings.
This parcel is also probably part of the original plantation of Benjamin's and Nathan's grandparents, John and Rachel Waggener.
****** Still the same deed book, pgs 266-267: Dated 1775; Benjamin Waggener sells 34 acres of land which he purchased on May 20, 1771, from his brother Nathan Waggener, to Robert Payne Waring, Planter, for 34 pounds. The parcel of land is bounded by Waring's land, land of the heirs of Mary Byrams, Benjamin's own land, and the land of Nathan Waggener.
****** Essex County Clerk of Court Files, Deed Book #32, Pgs. 181-183: Dated July 23, 1783; Benjamin Waggener and his wife sell the 40 acre tract of land known as "The Pleasant"to Nathan Shipley for 100 pounds. The land is bounded by the Mulberry tree between the house of Benjamin Waggener and the main road, on the line between the land of Benjamin Waggener and that formerly called "Byrums," west to Capt. Waring's ditch, south to a red oak between Benjamin Waggener's and Waring's land, and that which was formerly Nathan Waggener's thence east to the land that was formerly Fauntleroys.
****** Essex County Clerk of Court Files, Deed book unknown, Pgs. 8-10: Dated September 17, 1793; Benjamin and his wife Mary sell 19 acres of land to William Meador for 24 pounds, retaining the right for Benjamin, his wife Mary, and his sister Rachael, to live on and to repurchase the land during their lifetimes.