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- WILL OF COLBARD FUGATE
Russell County, Virginia
Will Book 4, Page 8
Executed 14 Sep 1819
http://www.rootsweb.ancestry.com/~varussel/probate/colbardfugate.html
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From The Fugate Family of Russell Co., VA by David Farris, Gateway Press 1986
There is some doubt as to who the original Fugate was in America. Early genealogists thought that Peter LaFoucate of Baltimore County, Maryland was the original settler. Further study, however, casts doubt on this and points to James Fugett who married Martha Poel (Poole). James was the son of James Fugett and Emaline Lamb of Ltegray, London.
James Fugett married Martha Poel in Henrico County, Virginia in 1694. The county was established in 1611, just four years after Jamestown. It extended on both sides of the James River from the junction of the James and Appomattox Rivers to the Blue Ridge Mountains. In 1634 there were 4914 settlers in Virginia, with 419 of these in Henrico County. In 1694 Henrico County consisted of Goochland (1727), Albemarle (1744), Amherst(1761), Fluvanna(1777), Nelson, Chesterfield (1747), Cumberland(1749), Buckingham(1732), Powhatan and part of Appomattox Counties as well as the cities of Richmond, Charlottesville and Colonial Heights. The boundaries have remained essentially unchanged since 1747.
They are known to have resided in Perquimans Precinct, North Carolina, from 1697 to 1702.
Josias Fugate is the earliest confirmed Fugate. He resided in the Northern Neck of Virginia in the Brunswick Parish of King George County. In Josias' will, dated 18 March, 1757, he mentions his sons Francis, John, Josias, Randolph, Martin and daughter Ann Swillavant, as well as his wife, Mary. Mary has, by tradition, been assumed to be Mary Martin. It is probable that his sons John, Josias, Randolph, and Martin, had moved elsewhere to settle. Randolph is known to have been in Orange County, Virginia, by 1738.
Martin Fugate was recorded in Frederick County in 1755. The area he was located in was possibly the area known as Dunmore County from 1772 to 1777, renamed Shenandoah County in 1777, and later divided into Page and Warren Counties. He was also recorded in Culpeper Co., Virginia, in 1761, 1763, and 1775. It is probable that all his children were born in this area. His brother John Jr. was recorded as selling his land in the same area on 09 October, 1771 then purchasing land in 1772 in the Moccasin
Valley in what was then Botetourt County, and later Fincastle, Washington, and finally Russell County. Martin was first noted in Russell County in 1789 as "exempt from taxation". It was in Russell County that Martin Fugate's estate was settled on 29 June, 1803.
The area which is now Russell County was an intertribal Indian hunting preserve until 1745 when it became part of Augusta County. Between 1769 and 1785 it was contained in Botetourt, Fincastle, and Washington Counties. In 1786, Russell Country was formed from Washington County. The boundary lines extended from Clinch Mountain to the Cumberland Gap on the Kentucky Border and eastward to a point near Bluefield, Virginia. In 1790 the County had a population of 3338, including 190 slaves.
The first known group of settlers arrived in Castles Woods, in 1770. Among this group, then considered squatters, was Charles Bickley, brother of Mary Carter. They claimed and settled on land to which they could not obtain legal title because of problems with the Loyal Company, Indians, and the Crown. Many of these first settlers did not obtain legal right to their land until the 1780s. A good account of the settlement of Southwest Virginia is given by Judge Lyman Chalkley.
In 1772, Francis Fugate settled at Moccasin Creek, one year after Col. John Tate. In 1774, because of continuing Indian raids, Captain William Russell was ordered to build a number of palisade forts as a means of protection. These forts, which protected many of the Fugate ancestors include Elk Garden Fort, where Solomon Litton was captured by Indians, Fort Blackmore, where Dale Carter was killed, and Tate's Fort, located on Col. John Tate's land. Following them were, among others, Colbert Fugate, Robert Tate Sr. and Robert Tate Jr.
The Moccasin Valley, where most of the Fugates and Tates settled, is a fertile but rocky farming area located in the southwestern part of Russell County. It extends from Hansonville to near Big Moccasin Gap in Scott County, with Clinch Mountain on the south and Moccasin Ridge on the North. The name of Big Moccasin Creek, attributed to Daniel Boone about 1769 after the first settlers found Indian moccasin footprints in the soft mud of the creek banks.
Martin Fugate had at least 4 sons Francis, Henley, Zachariah, and Colbert were all mentioned in court records. In addition, Benjamin and William Fugate, all residing in Moccasin Creek are probably his sons. He also may have had a daughter, Ann, married to Samuel Haddix of Moccasin Creek. A possible second daughter, married to James McCarty, was killed by Indians in 1788.
Martin's son Colbert, as well as Colbert's son, Isaac Beverly Fugate, who was born on 04 May, 1804, lived in Moccasin Valley, Russell County their entire lives.
Colbert Fugate came to Russell County, VA in 1771 and settled on what was known as Big Moccasin Creek. Colbert Fugate served in Virginia's legislature for two terms. Colbert and his wife are buried on the family plantation which is still in the Tate family of Lebanon, VA. John Tate and Mary Bracken are buried there also.
WILL OF COLBERT FUGATE
Russell County, Virginia
Will Book 4, Page 8
Executed 14 September 1819
In the name of God. Amen!
I, Colbert Fugate of the county of Russell and State of Virginia being sick and weak in body but of sound mind and disposing memory (for which I thank God) and calling to mind the uncertainty of human life, and being desirous to dispose of all such worldly estate as it hath pleased God to bless me with - I give and bequeath the same in manner following, that is to say:
1st. I bequeath to Hannah Fugate, my wife, the plantation whereon I now live together with my farming utensils and household furniture except such part thereof as is herein otherwise disposed of, my stock of hogs, one Sorrell mare called Phillis, one three year old colt called the Brafford colt, three milk cows to be chosen by herself and all my slaves also ten head of sheep; all which I give
and bequeath to her during her widowhood for the maintenance of herself and my infant children, Samuel Bracken, Isaac Beverly, Lucinda Clark and Lydia Drucilla Milford Fugate. If my said wife should hereafter marry then it is my will and desire that she should have the use of my said plantation during her natural life together with every thing above devised to her, except my slaves, which in that event, she is to have no part of.
2d. I have heretofore given to my son Robert Fugate and conveyed to him, the tract of land whereon he lives except a small portion of the purchase money which he paid, in addition to which and bequeath to him fifty acres of land adjoining his said plantation, which said 50 acres was purchased by my said son Robert and myself, together with all other property advanced by me to him.
3d. I have given to my son Zachariah Fugate the plantation in Scott County which I purchased of James Gibson Sen. who did not convey the same previous to his death, some of his heirs have conveyed part of it to my said son Zachariah & myself. It is my will and I hereby bequeath to my said son Zachariah the said plantation together with all the other property which I have advanced
to him, and desire that a complete conveyance be made to him of the said land by the heirs and representatives of said Gibson, or if they all not make the said conveyance, that by a suit as he compel them to do so. And this property being more than I desire for the share of my said son, Zachariah, I require that he pay to my son Samuel Bracken Fugate within seven years from the
date of this my will, five hundred dollars which I leave as a charge on the said land.
4th. I bequeath to my daughter Mary Dorton one hundred dollars in cash, in addition to what I have already advanced to her, and in addition to her equal share with my other children of such devices herein after inserted as shall dispose of any part of my property in that manner.
5th. I bequeath to my son John one hundred acres of land lying on Mocherson Ridge at the head of Dever's branch and one hundred dollars in cash, in addition to what I have already advanced him, and also in addition to what will be herein after devised to him equally with my other children.
6th. I bequeath to my daughter Edith one grey mare, saddle and bridle which she has not in possession; two good cows being those two called hers. Eight head of sheep: One feather bed and furniture and one hundred dollars in cash in addition to what will be herein after devised to her equally with my other children.
7th. I bequeath to my son Samuel Bracken Fugate five hundred dollars to be paid him as aforesaid by my son Zachariah. Also two cows, one two year hold heifer and one yearling, one spotted 2 year old colt, a bridle and saddle to be purchased by my executors and to be worth thirty dollars; one feather bed and furniture, and if the said horse dies before my said son attains full age, then I give him one hundred dollars in addition. I also give to my said son Samuel Bracken my Negro boy Billy hereby revoking so much of the devise to my wife as as gives the said Negro boy Billy to her. I also give to my said son Samuel Bracken the north west quarter of section seven of township four north, in range eight west of the tract of country appropriate for military bounty land in the state of Illinois, which quarter section contains one hundred and sixty acres, and was conveyed to me by Thomas Ja_____
and Mary his wife.
8th. I bequeath to my son Isaac Beverly Fugate ____in the plantation whereon I now liv
Delegate to the Virginia House
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