Name |
John (87) Custis [1, 2] |
Suffix |
IV (Burgess & Councillor) |
Birth |
1678 |
Northampton Co, Virginia |
Gender |
Male |
Will - Fathers |
3 Dec 1708 |
Northampton Co, Virginia [3] |
- In his will John Custis Esq, wife Sarah, named: son John (Chiconessox plantation, Arlington House, land at Pocomock), son Hancock (now dwelling house and plantation and plantation at Jollys Neck), son Henry (land on Jengoateage Island & Negro at Pocomoke), two daughters Elizabeth Custis (husband Thomas Custis) and Sorrowful Margaret Kendall (husband William), my boy John Atkinson (under 21), Sarah Custis Mathews, Yardly Michaell, my sister-in-law Elisha Frank, Robert Howsen, my grandson Custis Kendall.
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Will - Step Mother |
14 Apr 1720 |
Northampton Co, Virginia [4] |
- In her will Sarah Custis, widow of John Custis, Esq., named: my son-in-law (step-son)John Custis, my dau.-in-law (step-daugther) Sorrowful Margaret Kendall, my grandson Custis Kendall (under 21), his sister Leah Kendall, Littleton Kendall (under 21), his three sisters, viz., Ann, Peggy and Leah, my grandson Michael Custis, Sarah Custis the dau. of Thomas Custis, son-in-law Hancock Custis, my son-in-law Henry Custis, my sister Elizabeth Waters, Elizabeth the dau. of my sister Elizabeth Waters, my sister Gartrude Harmanson, my kinswoman Sophia Harmanson, Littleton and Severn Eyre (sons of Severn) Severn under 18, Leah Littleton (heir to Southy Littleton), dec'd brother Southy Littleton, Henry Custis (500 A. in Accomack at Masongue), Mr. George Harmanson (50 A. adjoining the land whereon Henry Pike now lives), my kinsmen William and Southy Whittington, my cousin Elizabeth Allen, to John Atkinson, to William Water, to Sarah Nottingham widow, to my kinswoman Sarah Custis King and kinswoman Esther Littleton Custis King (given with regard to their having made over their right to that tract of land lying at Anduay Creek in Accomack Co. lately in the possession of my late brother Southy Littleton), my kinswoman Leah Littleton, my sister Garthrud Harmanson Extrx.
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Will - Brothers |
30 Aug 1725 |
Accomack Co, Virginia [5] |
- In his will Hancock Custis named: sons John (under 21), Southy, Levin & Theophilus Custis (last 3 under 18), brother Henry Custis, uncle Adam Michael, son-in-law Levin Gale & daughter-in-law (step-daughter) Leah Gale, Madam Broadhurst, late wife Mary Custis, cousins Susanna Preeson & Hannah Presson her sister & Elizabeth Upshire the daughter of Arthur Upshur & Sarah his wife, Robinson Custis son of my brother Henry Custis & Ann his wife, Littleton Kendall son of my sister Sorrowful Margaret and James Hamilton son of Andrew Hamilton & Ann his wife. In a codicil dated 17 Aug 1727 he mentioned that if son John was to be advanced in estate by his uncle John at any time to be more worth in land than Hungars Neck, then I give 1/2 my Hungars lands to son Theophilus.
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Death |
Nov 1749 |
Bruton Parish, James City Co, Virginia [6] |
Will |
14 Nov 1749 |
James City Co, Virginia [6, 7, 8] |
- I, John Custis of the City of Williamsburg and County of James City, in the Colony of Virginia, being weak in body but of sound mind and memory, do make this my last will and testament, in manner and form following. Imprimis, my will and earnest desire that my Executor hereafter named to lay out and expend as soon as possible after my deceased, out of my estate the sum of one hundred in pounds sterling money of Great Britain to buy a handsome tombstone of the best durable white marble, large and built up of the most durable stone that can be purchased for pillars - very decent and handsome - to lay over my dead body, engraved on the tombstone my Coat of Arms, which are three parrots, and my will is that the following inscription may also handsomely engraved on the said stone, vizt. Under this marble stone lies the body of the Honorable John Custis, Esquire, of the City of Williamsburg and Parish of Bruton, formerly of Hungars Parish on the Eastern Shoar of Virginia and County of Northampton, the place of his nativity, aged ---- years, and yet lived but seven years, which was the space of time he kept a Bachelor's House at Arlington on the Eastern Shoar of Virginia; this inscription put on the stone by his own positive Orders, and I do desire, and my will is and I strictly require it, that as soon as possible my real dead body, and not a sham coffin, be carried to my plantation on the Eastern Shoar of Virginia called Arlington, and then my real dead body be buried by my grandfather, the Honorable John Custis, Esquire, where a large Walnutt formerly grew, and is now inclosed with a brick wall, which brick wall it is my will, and I strictly charge and require it, that the said brick wall be always kept up in good repair very handsomely by my heir that shall enjoy my estate, and if my heir should ingratefully or obstinately refuse or neglect to comply with what relates to my burial in every particular, then I bar and cut him off from any part of my estate, either real or personal, and only give him one shilling sterling, and in such case I give my whole estate real and personal to the next heir male of my family named Custis that will religiously and punctually see this my will performed, but more especially what and ways relates to my burial in general; and if by any accident the tombstone and appurtenances should be lost, broke or any wayes miscarry in coming from England or any other ways whatsoever, in that case my positive will is, and I earnestly require it, that my heir or executors immediately send to England for such another stone exactly with the appurtenances of the said piece until one shall come safe to hand, according to my will and desire. I give my dear friend Thomas Lee, Esquire, if living at my death, two hundred pounds sterling, to buy him any one thing he has in minded to remember me. I give to my worthy and much esteemed friend John Blair, Esquire, one hundred pounds sterling. I also give to Mrs. Mary Blair, the wife of the said John Blair, five guineas to buy her a mourning ring. Whereas my plantation called Arlington on the Eastern Shoar of Virgina is entailed by my grandfather the Honorable John Custis, Esquire, on the heirs male of my body lawfully begotten, and for as much as my father, the late Honorable John Custis, Esquire, had a Patent in his own name for two hundred and fifty acres of the said Arlington Plantation which my said father has given me by his said will in fee simple, I do entail the said two hundred and fifty acres of land so given to me exactly in the same manner as the other three hundred acres contiguous or adjoining to it, and my will is that it always descend exactly in the same manner as Smith's Island and Moccon Island which are firmly entailed on the heirs male of my body lawfully begotten, by the will of my grandfather, the Honorable John Custis, Esquire. And whereas by my deed of Manumission, recorded in the County Court of York, I have freed and set at liberty my Negro boy christened John, otherwise called Jack, born of the body of my slave Alice. Now, I do hereby ratify and confirm the said deed of Manumission unto the said John, otherwise called Jack, and after the death of the said John, otherwise called Jack, I give all the estate by me heretofore given to the said John, otherwise called Jack, either by deed or otherwise, to my son Daniel Park Custis, to hold to him my said son from and after the death of the said John, otherwise called Jack, his heirs, Executors, Administrators and Assigns. My will and desire is, and I hereby strictly require that as soon as possible after my decease my Executor build on the said land I bought of James Morris, situated near the head of Queens Creek in the County of York, for the use of the said John, otherwise called Jack, a handsome, strong, convenient dwelling house, according to the dimensions I shall direct and a plan thereof, drawn by my said friend John Blair, Esquire, and that it be completely finished within side and without, and when the house is completely finished, it is my will that the same be furnished with one dozen high Russia leather chairs, one dozen low Russia leather chairs, a Russia Leather couch good and strong, three good feather beds (bedsteads and furniture) and two good black walnut tables. I desire that the houses, fencing and other appurtenances belonging to the said plantation be kept in good repair and so delivered to the said Negro John, otherwise called Jack, when he shall arrive to the age of twenty years. I also give him when he shall arrive to that age a good riding horse and two young able working horses. I give to Mrs. Ann Moody, wife of Matthew Moody, if she be living at my death, twenty pounds sterling for which she hath my bond of five hundred pounds to be paid her annually during her natural life. I also give her the picture of my said Negro boy John. It is my will and desire that my said Negro boy John, otherwise called Jack, live with my son until he be twenty years of age and that he be handsomely maintained out of the profits of my estate given him. I give and devise unto John Cavendish, for the many services he has done me, the house and lot where he now lives, to hold the same rent free during his natural life. All the rest, residue and remainder of my estate, real and personal, be it of what nature or kind soever, and wheresoever lying and being in the whole world, I give, devise and bequeath unto my son Daniel Park Custis, to hold to him, his heirs and assigns forever. And lastly, I do hereby constitute and appoint my said son Daniel Park Custis whole and sole Executor of his my last will and testament, hereby revoking and making void all former wills by me made. In witness whereof, I have set my had and affixed my seal to three sides of these two sheets of paper containing this my said will, being paged numbers 1, 2, and 3, this fourteenth day of November, One Thousand seven Hundred and Forty Nine, and in the twenty-third year of the reign of our sovereign Lord King George the Second. -- John Custis - Signed, sealed, published and declared by the said John Custis as and for his last will and testament, in the presence of Thomas Dawson, George Gilmer, John Blair Jr. (NOTE: During the Civil War, the Court Records of James City County were removed to Richmond for protection. That protection was extremely temporary, since they were almost entirely destroyed in the great fire in Richmond at the evacuation in 1865. In 1954, a Booklet was published by William Armstong Crozier, styled, "Williamsburg Wills," listing "Transcriptions from the Original Files at the Chancery Court of Williamsburg," but the will of John Custis was not therein referred to. On July 28, 1965, while in London, Mrs. Nora Miller Turman of Parksley, Virginia, obtained a photocopy of the above-referenced will from Somerset House. Its typing by me is at her suggestion, and I hereby certify it to be correct. Signed: Mark C. Lewis, February 7, 1966.)
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Probate |
9 Apr 1750 |
James City Co, Virginia [6, 8] |
- At a Court held for James City County April the 9th, 1750, this will was proved by the oaths of Thomas Dawson, George Gilman and George Blair Junr, the witnesses thereto, sworne by Daniel Park Custis, the Executor therein named, and ordered to be recorded and certificate of obtaining a probate in due form was granted the said Executor. Teste: Ben Waller, Cl. Cur.
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Land cause |
28 Jan 1752 |
Accomack Co, Virginia [9] |
- Harry Holdfast (place holder) vs Thomas Custis. That Thomas Custis was seized in fee of the lands in the declaration mentioned, and was also seized in tail of 1750 acres adjoining the said lands, and being so seized made his last will and testament dated 3 Oct. 1719, & bequeathed to his wife Ann Custis all the lands that he had with her, lying near Oak Hall, to his son John Custis the plantation whereon he then lived containing 1750 acres, being on Deep Creek. To his son Edmund Custis 1000 acres adjoining the land where he then dwelt, whereon Joseph Walker now dwells "I give all my and interest in the lands on Jengoteague & Morry's Island which was given by the last will of the Hon. John Custis of Arlington to me & my wife Elizabeth Custis, to my son Edmund Custis"; To his son Thomas Whittington Custis 300 acres on Old Plantation Creek in Northampton County; should Edmund die before coming to full age & without issue, I give the land given him to my son Thomas, & should Thomas die before full age & without issue, then my son Edmund to have the land given him. To daughter Tabitha; to daughter Sarah; to daughter Elizabeth; son John Custis (under age); To sister Tabitha Scarburgh Custis; wife Ann and friends Capt. John Bradhurst & Mr. Charles Snead & Mr. Henry Custis Executors. Sons to receive their estates at 18 and daughters at 18 or marriage. I give the first child born after this date of my wife Ann Custis 700 acres in the said county adjoining the lands of William Parker, near to Burton's Branch, which land descended to me from my Hon. grandmother, Mrs. Tabitha Hill. That the 1000 acres therein mentioned is the lands devised to his son Edmund, and the 1750 acres of land therein mentioned is the land devised to his son John by the said will; That the said Edmund Custis made his last will dated 27 Mar. 1747, in these words: "I Edmund Custis of Northampton County" &c. To his son Edmund Custis the plantation where I now live; to wife Catherine; to daughter Ann Custis. I give 800 acres of land that I have in Deep Creek to my Ex'rs. to be sold, and after the payment of my debts the residue to be divided between my wife, son and daughter; son to have 1/2 and wife and daughter the other half between them. To kinsman Hancock Custis; Should my son Edmund die without issue I give my plantation where I now live to my daughter, Ann Custis, reversion to my kinsman Hancock Custis, son of my brother John. Wife Exec. & guardian of children till they come to lawful age or marry. By which will the said Edmund devised 800 acres, part of the 1000 acres devised by his father, the testator Thomas, to be sold for the payment of debts; That the lessor of the plaintiff purchased the same of the testator's executrix as by deed dated 23 June, 1750, to-wit: This deed between John Wilkins of Northampton County, Gent., and Catherine, his wife, executrix of the last will and testament of Edmund Custis, late of the said County, Gent., her late husband, dec., to Littleton Eyre - Sale of 800 acres, being part of the aforesaid 1000 acres. The said Edmund Custis a short time before his death granted and sold unto Joshua James late of Accomack County, dec., 200 acres, part of the aforesaid 1000 acres. That the said testator Thomas' dwelling plantation whereon there stood a negro quarter, extended into the said 1000 acres as far as the defendant now claims of the said 1000 acres; That the aforesaid John Custis is eldest son & heir at law of the testator Thomas, and that the defendant is his eldest son and heir at law; That the defendant Thomas agreed with the lessor of the plaintiff that the plaintiff and a certain John Wilkins, who intermarried with the widow & Exec. of the said Edmund Custis, on the 30 day of November, 1749, to run the division between the said 1750 acres and the 1000 acres of land agreeable to a deed from John Custis and Tabitha his wife to the aforesaid Thomas Custis, for the said 1750 acres, which deed is in these words ------ John Custis, Sr., of the County of Northampton, Esq., & Tabitha, his wife, to "our well beloved nephew & grandson Edmund Custis, of the county of Accomack, Gent. & Tabitha, his now wife, our grandaughter, & their children after them" - Deed of Gift - All that tract of land where the said Edmund and Tabitha now live, situate at Deep Creek containing 1750 acres on the North East side of Deep Creek, & bounded on the Southern parts therewith, on the North West by a point of marsh facing the bay; on the North Eastward by a part of a little creek called Drummond's Creek and a line of marked trees drawn from the said Drummond's Creek South; South East half a point, Easterly 342 poles unto a corner tree marked at the western corner of the land formerly belonging to William Gower, and from thence on the South Eastern side by a line of marked trees drawn S. W. by West 508 poles unto Deep Creek, including in the said 1750 acres all the marshes, necks & branches within the aforesaid bounds, being 1/2 of 3500 acres more or less granted by patent to the said Tabitha, now the wife of the said John Custis, Sr., & her sister, Matilda Scarburgh, now the wife of Col. John West, both the daughters of Col. Edmund Scarburgh, dec., patent dated 29 March, 1656, to the said Edmund & Tabitha for and during their natural lives, and after their decease to their son Thomas Custis and the heirs of his body, and in default of such heirs to the next heir or heirs of their bodies, and if all such as are before mentioned are extinct, then to the next heir or heirs of the said Tabitha, now the wife of the said Edmund, male or female, and in failure of them to our grandson Smart Whittington, son of William Whittington, Gent. & brother of the said Tabitha Custis, wife of the said Edmund Custis, during his natural life, and then to his heirs male, and for want of such heirs to our grandson John Custis, the son of John Custis, Jr., of the County of Northampton aforesaid, Gent., & his heirs, and for want of such issue to the heirs of the said John Custis, Sr. That the defendant, together with the plaintiff's lessor, and the said Wilkins employed Edmund Scarburgh, Surveyor of the County of Accomack, to run the said line the next day, and for which the said defendant agreed and hath since paid the surveyor 2/3 of the fees, but on meeting the next day to complete the agreement the defendant told the plaintiff's lessor & the said Wilkins that the Surveyor might run the line, but that it would not be binding upon him. That Edmund, son of the testator Thomas, at the time of making his last will was of lawful age, and left issue; that the testator Thomas' son, Thomas Whittington Custis, to whom the remainder of the aforesaid 1000 acres was given in case of Edmund's death under age or without issue, was brother and died an infant.
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Probate |
19 Nov 1753 |
Greater London, England [6, 8] |
- This will was proved at London before the Right Honorable Sir George Lee, Knight, Doctor of Laws, Curator Keeper or Commissary of the Prerogative Court of Canterbury, lawfully constituted, the nineteen day of November, in the year of our Lord One Thousand Seven hundred an fifty three, by the oath of Daniel Parke Custis, the son of the deceased, and sole Executor named in the said will - to whom administration was granted of all and singular the goods, chattels and credits of the said deceased, being first sworn by commission duly to Administer the same.
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Admin of estate |
23 Sep 1784 |
James City Co, Virginia [8] |
- In the very wide left hand margin of original page 3 appears the following entry: on the twenty-third day of September 1784, Administration with the will annexed of the goods and chattels and credits of the Honorable John Custis, late of the City of Williamsburg, in County of James City, in the Colony of Virginia, deceased, left unadministered by Daniel Parke Custis, deceased, whilst living, the son of the deceased and sole Executor and Residuary Legatee named in the said will, was granted to Wakelin Welch, the lawful attorney of Martha Washington, formerly Custis, wife of his Excellency the Honorable George Washington, the Relict and Administratrix of the goods of the said Daniel Parke Custis, deceased, for the use and benefit of the said Martha Washington, formerly Custis, now residing at Virginia aforesaid, he having been first sworn duly to administer. The said Daniel Parke Custis dying intestate.
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Anecdote |
- Comments by James B. Lynch Jr., author of The Custis Chronicles, regarding Black Jack Custis: Probably the supreme humiliation heaped upon poor Daniel by the terms of his father's will was his appointment as sole executor. One tries to visualize Daniel, Martha (whom he married in the year following his father's death) and Jack living in a sort of ménage a trios at White House on the Pamunkey River (Daniel's chief residence) or possibly even Custis Square. No wonder Martha is believed by at least one source (see Prologue, Part Two) to have discarded spitefully many of her father-in-law's possessions when she "cleaned house" a number of years later at Custis Square. As for Jack, he obligingly died young without keeping Daniel an unseemly length of time from his inheritance. Jack must have been a bright, good-natured and attractive young man to merit such affection and loyalty from John Custis IV. Moreover, he must have charmed not only John but others. That Mrs. Moody, according to the terms of the will, was to receive Jack's portrait implies that the boy had won a place in her heart. Unfortunately, Jack scarcely outlived his master. John Custis' dear friend John Blair inscribed these words in his diary in the following entry: "September 19 (1751). Ab' 1 or 2 in ye morn, Col. Custis' Favorite Boy Jack died in ab' 21 hours illness being taken ill a little before day the 18th with a Pain in the back of his Neck for Wch he was blooded." Jack, whose portrait long ago vanished, is hard to visualize. Apart from his color, he perhaps resembled his father John, whose Christian name he was given by either his master or his mother. Daniel, who according to his father bore a remarkable resemblance not to his father but to grandfather Daniel Park II, probably reminded Custis daily of the cross he had borne ever since the death of he governor of the Leewards in 1711. How often, one wonders, did Custis compare Jack with Daniel and perhaps even with his dead daughter Frances? Although born from the womb of an African slave, Jack was nevertheless the child of his spirit, and the only child who had never proved a disappointment, who had never let him down.
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Biography |
- John Custis IV inherited Arlington Mansion in N'hamp County and moved to Williamsburg in early 1700's. He was a burgess for N'hamp Co, 1705-06 and for the College of William and Mary, 1718, and a member of the Council, 1727-49.
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Reference Identifer |
Arlington |
Record ID |
57858 |
Person ID |
I57858 |
MilesFiles23 |
Last Modified |
26 Sep 2019 |