John Fitzpatrick (abt. 1745 - abt. 1815)

Born about 1745 in Albemarle County, Colony of Virginia

Ancestors

Husband of Frances (Burton) Fitzpatrick — married 1767 in Sussex, Sussex, Virginia, British Colonial America

Descendants

Died about Sep 1815 at about age 70 in Nelson County, Virginia, USA

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Biography

John Fitzpatrick was likely born in Albemarle County (formed in 1744 from Goochland Co.) where his father owned land. His parents are said to be Thomas Fitzpatrick Sr and Jane (surname unknown).

Birth

John's birth date is not known and is reported from between 1740 (his father would have been 20) and 1750. John's will named Thomas as his eldest son; Thomas likely born around 1768 since he was married in 1793 (presumes he was 25 at time of his marriage). If Thomas' father was 25 at time of Thomas' birth, then he would have been born around 1743; rounded to 1745.

Marriage

John married Frances about 1770 (based on birth of their eldest son). She is reportedly a Burton, but documentation has not been provided.

Children

John and Frances' nine children were named in John's will of 1812, including their birth order. They are as follows (as shown in original document):

1. Thomas Thomas Fitzpatrick
2. John E. John Fitzpatrick
3. Betsy Hughes Betsy (Fitzpatrick) Hughs
4. Alexander
5. Sally B. Bradford Sally (Fitzpatrick) Bradford
6. Jinney Hughes Jinny (Fitzpatrick) Hughes
7. William
8. Frances (Witt, in the 1815 codicil) Frances (Fitzpatrick) Witt
9. James James Fitzpatrick

Death

John died in Nelson County, Virginia, sometime between 27 Aug. 1815 (date codicil signed) and 25 Sept. 1815 (date will probated).

Will

Will of John Fitzpatrick, July 1, 1812. Probated September 25, 1815. Nelson County Will Book A, p. 356-358.

In the Name of God Amen, I John Fitzpatrick of Nelson County being weak in body but of Sound mind and Memory, blessed be god for the same, do Make and Publish this my last will and Testament in manner and form Following that is to say--

First, I Give and bequeath to my Dear & Loving Wife, Frances Fitzpatrick During her Natural life all the Land I now possess also 7 Negroes that is to Say, Hanna, Jack, Harkelus, Aggey, Peter, Sarah and young Harkelus, With all my stock of every Kind, with all my Household & Kitchen furniture and plantation Tools, Cart and Oxen.

Item, I give and Devise to my Eldest Son Thomas Fitzpatrick All the personal Estate he has received of me. Also a Negro Boy naimed Charles which he now has to him and his heirs for Ever.

Item, I Give and Devise to my Second Son John E. Fitzpatrick all the personal Estate he has received of me. Also a Negro Boy Naimed Cleton (?) to him and his heirs for Ever.

Item, I Give and Devise to my Eldest Daughter Betsy Hughes All the Personal Estate She has received of me. Also a Negro Boy Naimed Nathan to her and her heirs for Ever.

Item, I give and devise to my third Son Alexander Fitzpatrick All the Personal property he has received of me. Also fifty Pounds I paid for a Negro girl Bought out of the Estate of my Brother William Fitzpatrick Naimed Frank which Said Negro I give to him and His heirs for Ever.

Item, I give and Devise to my Second Daughter Sally B. Bradford all the personal Estate She has received of me. Also a Negro boy Naimed Brootis to her and her heirs for Ever. I understand the said Negro is dec'd. (This line is written but has a line through it.--SBK)

Item, I Give and Devise to my Third Daughter Jinney Hughes All the personal Estate She has received of me. Also a Negro boy naimed Gabriel to her and her heirs for Ever.

Item, I Give and Devise to my fourth Son William Fitzpatrick all the Personal Estate he has Had of me. Also a Negro Boy Naimed Lewis to him and his heirs for Ever.

Item, I Give and Devise to my fourth Daughter Frances Witt all the personal property She has Received of me. Also 50 Dollars to buy her a Horse If I Doe not furnish Her otherwise. Also a Negro Girl Naimed Betts and Increase to her and her heirs For Ever.

Item, I Give and Devise to my fifth Son James Fitzpatrick one Horse bridle & saddle or 65 Dollars in place of them. Also one featherbed and Firneture and beadstead and Codrd that to be at the Discretion of my loving Wife as All the rest had theirs. Also a Cow & Calf Son and Piggs one Trunk, 1/2 Dozen of Cheirs with other things such as I gave my other Children that to be at his Mother's Discretionas She knows what She gave all the rest making all Equal. Also a Negro boy Naimed George to him and his Heirs for Ever.

Item, after the Death of my loving Wife Frances Fitzpatrick and all my Just Debts paid, My Will and Desire is that my land and Stock of all kinds and Said 7 Negroes & Incrase that was Left to my Wife during her lifetime with Every Property She may Die Possessing be Sold at Twelve Months Creadit and the money Arising From Said Sail to Be Equally Divided Between my Children Viz Thomas, John E, Betsy, Alexander, Salley, Jenney, William, Frances and James, to them and their heirs for Ever.

Lastly I Appoint my loving wife Frances Fitzpatrick Executrix and my Sons Thomas & James Fitzpatrick Executors of this my last will and Testament, Hereby Revoking any other will Acknowledging this Also to be my last will in Testimoney whereof I have Hereunto set my hand and Affixed my Seal this First Day of July in the year of our lord God 1812.

Signed Sealed Published John Fitzpatrick (seal)

And Declared in Presence of

Moses Fitzpatrick

Thos. Fitzpatrick

James Woods

Codisal to the foregoing Will Viz. It is my desire that at my wife's death, that part of the said estate which would be coming to my daughter Salley B. Bradford shall Remain in the hands of my Executors for the Benefit and Support of the Said Salley B. Bradford and her Heirs at her death. Also, the fifty dollars left to purchase a horse for Frances Witt I now recall having heretofore otherwise furnished her. In Witness whereof I have hereunto set my hand and Seal this 27th day of August 1815.

Signed Sealed John Fitzpatrick (seal)

In presence of us

James Woods

At a Court held for Nelson County the 25th day of September 1815

This Instrument of Writing purporting to be the last will and Testament of John Fitzpatrick dec'd was produced into Court and proved by the oaths of Moses Fitzpatrick and James Woods two subscribing Witnesses. Hereto and ordered to be recorded and the Codicil thereto annex (?) prove by James Woods a Witness thereto and the same is ordered to lie for further proof.

Teste: Spotswood Garland, Ck.

John was Quartermaster for Amelia/Amherst Co., Virginia during the Revolutionary War; The National Archives file #1899.

Sources

• Library of Virginia. Chancery records with surnames: Fitzpatrick, Hughes, Witt, Bradford, Littleford, Moorman. Accessed 23 April 2018. www.lva.virginia.gov/chancery/case_detail.asp?CFN=125-1849-041
• John Fitzpatrick signed the Albemarle Declaration of Independence in 1779. (he is not in DAR database, but his father - Thomas- and son William are); http://files.usgwarchives.org/va/albemarle/history/declaration.txt, http://memory.loc.gov/ndlpcoop/relpet/000/015/015003v.jpg
• ON FIRST CENSUS OF THE UNITED STATES - Albemarle County, VA - 1785, http://files.usgwarchives.org/va/albemarle/census/1785cens.txt
• Will of John Fitzpatrick July 1, 1812 Probated September 25, 1815 Nelson County Will Book A, p. 356-358
• Daughter's marriage record names father; "Virginia Marriages, 1785-1940," database, FamilySearch (https://familysearch.org/ark:/61903/1:1:XRDN-NBP : 5 December 2014), John Fitzpatrick in entry for Moses Hughs Jr. and Elizabeth Fitzpatrick, 29 Oct 1802; citing Amherst County, Virginia, reference 161; FHL microfilm 30,273.
• Daughter's marriage record names father, "Virginia Marriages, 1785-1940," database, FamilySearch (https://familysearch.org/ark:/61903/1:1:XRDN-53L : 5 December 2014), John Fitzpatrick in entry for William Bradford and Sally B. Fitzpatrick, 24 Jan 1806; citing Amherst County, Virginia, reference 192; FHL microfilm 30,273.
• Daughter's marriage record names father, "Virginia Marriages, 1785-1940," database, FamilySearch (https://familysearch.org/ark:/61903/1:1:XRQ2-P4L : 5 December 2014), John Fitzpatrick in entry for James Hughes and Jinny Fitzpatrick, 16 Nov 1807; citing Amherst, Virginia, reference 206; FHL microfilm 30,273.

Acknowledgments

• WikiTree profile Fitzpatrick-428 created through the import of Wiki Tree.GED on Jun 30, 2012 by Dale Smith.
• Unsourced family tree handed down to Carol (Vagner) Livingston.