Thomas PETTY and Catherine, his wife, one of the daughters of John GARTON deceased, complaining against Robert POST and Anna his wife, administrators of John HUGHES, Executor of John GARTON, in a plea that they render unto the plaintiffs the sum of seventeen hundred and fifty-two pounds of tobacco showing that John GARTON, late of this county, deceased, in his late will and testament dated the 17th of June 1698 gave and bequeathed unto his wife and five children, Richard, John, Mathew, Catherine, and Ruth, one half of all his estate equally to be divided among them, which estate being appraised amounted to 17,504 pounds of tobacco, the one-half which is 8,752, and Richard, one of his children being dead, the said of 8,752 pounds of tobacco being equally divided between the widow and four children - equal part amounting to: 1,782 fifths pounds of tobacco for which said plaintiffs brought suit and demand judgement with costs".
7 May 1702 - Thomas and Katherine won their suit. Robert POST was ordered to pay 3000 lbs in tobacco.
13 Oct 1702 - Thomas and Katherine sold the land in Lancaster County which Thomas had received from the will of Hubert PATEY, which was 65 acres on Morraticoe Creek, bordering the property of Abraham BUSH (Lancaster Co., DB 7, p 360).
Hubert Petty (also spelled Patey, Patty, Paty) was unequivicably the father of Thomas Petty of Lancaster County, Virginia, who in turn was the husband of Catherine Garton. The tradition of Thomas Petty being the son of Thomas Petty and Rachel Wilson is an error that perpetuated from a publication in the 1940's. Proofs of Hubert Petty are as follows:
1. March 6, 1700/01 : Thomas and Katherine Petty, appeared in court in Richmond County, Virginia with Martha Garton, Katherine's mother, to settle the estate of John Garton, Katherine's father. (Richmond Co. Court Orders, Vol. 3, pp. 85, 168).
2. Oct. 13, 1701 : Thomas Petty and his wife Katherine sold land in Lancaster County, on Morratico Creek, which was land bequeathed to him by the will of his father Hubert Petty. (Lancaster Co. Va. Deedbook 7, pg. 36).
3. Nov. 2, 1699 : Thomas Petty, in Richmond Co., Va., sued Dennis and Jane Cameron, "the executors of Walter Welch, decd., who was the executor of Hubert Patty" for Thomas's inheritance that he had not received. On April 3, 1700: Thomas Petty and his wife "Kat." won their case in county court, and recieved "4 cows, and their increase since he came of age." (Richmond Co., VA Order Book 3, pg. 24).
4. Spring, 1687: Hubert Petty / Patey of Lancaster County, Virginia, died leaving a will naming his wife Faith, and his minor son Thomas. Hubert assigned all of his land and property to Thomas and placed his executor Walter Welch as Thomas's guardian until he came of legal age.
The tradition of Thomas Petty son of Thomas Petty and Rachel Wilson is based solely on the will of Thomas Pettit of Essex Co., Virginia, who in 1720, named his wife Rachel and children including son Thomas. The name Pettit has been used interchangably with Petty by researchers, but doesn't appear that way in records. Young Thomas Pettit was bequeathed land in Stafford County, Va., which isn't in line with the records of Thomas Petty of Lancaster and Richmond Cos. Virginia.
5 Apr 1722 - Thomas and Katherine PETTY and Ruth Garton BOYD sued Hanna PORT for their portion of the Estate of John GARTON, which they didn't receive twenty years earlier (Richmond Co., CB9, p 48).
2 Oct 1728 - Ruth BOYD and Thomas PETTY gave bond for the administration of the Estate of David BOYD, dec'd. Two and a half years later, 2 Mar 1731/32, Thomas asked the court to release him from his role as an administrator. He was replaced by his son-in-law Thomas SIMS (Richmond Co., CB10).
4 Nov 1732 - Thomas and Katherine, and John and Rebecca PETTY sold all their properties on Bare Branch of Rappahannock Creek to William JORDAN (Richmond Co. DB 8, p 622-624).
5 Aug 1734 - Thomas PETTY appeared in court to make a claim for taking up a runaway servant named William WALLER. The servant left the home of George HENAGE in Stafford County, Va. (Richmond Co., OB 10, p198).
- James W. Petty, Petty Family Genealogy Forum September 10, 1998
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