Stephen Tomlin (bef. 1644 - bef. 1704)

Descendants

Biography

Stephen was born before 1644. Reliable evidence of his actual birthdate, birthplace, parents or siblings, if any, has not yet been found.^[1]

He married Sarah Staininough Apr 3 1665, Canterbury, Kent, England.

Stephen was assessed in Lancaster County, Virginia Colony, 22 Nov 1668, for two tithables on the county’s "northside,"^[2] i.e., the part of the county that was then north of the Rappahannock River.^[3]

By late 1693, Stephen married, in Lancaster County, Ann, the widow of his good friend, Nathaniel Browne.^[4]

Stephen executed his will in Lancaster County, Virginia Colony, 27 Jun 1704.^[5] Stephen must have been gravely ill, dying within weeks, as his will was recorded for probate, 8 Aug 1704.^[6]

Stephen's 1704 Will

Stephen's initial gift was to his "well beloved friend Mr. Edward Tomlin Marrinor in London" (likely a relative and perhaps a brother of Stephen's), whom Stephen gave, among other things, 20 acres out of Stephen's 480-acre plantation.^[7] Stephen granted his son, Edward Tomlin, the balance of the plantation, but in a strangely controlling manner, only for Edward's life. At Edward's death, the 460 acres would pass to Edward's son, Stephen, and, if Stephen died without heirs, to Edward's son, John, and, if John died without heirs, "to the next heir of my son Edward Tomlin's body," and, if there were no such heirs, then to Stephen's grandson, Stephen Wilkinson.^[8] More disturbingly, as for control, Stephen left assets to trustees "Cap[tain] Samuell Fox and Mr. Edward Tomlin Marrinor [notably, not Stephen's son Edward], ... to act as they see fitt," to educate his "Grandson Stephen Tomlin son of Edward Tomlin," who on reaching age 12 was "to be bound apprentice to Cap[tain] Edward Tomlin of London to go to sea or to some other person according to ye will of his Trustees."^[9] Stephen's remaining gifts were more conventional. He left his "grandson Nathaniel Stott son of John Stott a certain parcel of land lying in Lancaster County seventy five acres adjoining to the land where William Robinson now liveth which Mr. Nathaniel Browne and myself bought of William Bayley."^[10] For his "daught'r Jane wife of John Stott," Stephen left his "second best feather bed with boulster and blankets with a gowne and petticoate of shipodsearge which was my wife's."^[11] His "daughter Mary wife of William Robinson" received "one feather bed boulster and blankets."^[12] Additional smaller bequests were made to Samuel Bromley, John Foster, Anne Kirke, Elinore Swoony, Samuell Fox, Margaret Sanders, and Charles James.^[13] Stephen left the balance of his estate to his son, Edward, whom he made sole executor.^[14]

Research Notes

It has been claimed (e.g. here) that Stephen married Sarah Staininough 3 Apr 1665 in Canterbury, Kent, England, but proof of that has yet to supplied. Notably, assuming he did wed that Sarah on that date in that locale, then Stephen, who was already residing in Lancaster County, Virginia Colony at the time, would have had to return by ship to England for the ceremony.

1653-1800 Lancaster County, Virginia Wills [Ida J. Lee]; HAWKINS, John. 19 Feb. 1686. Rec. 11 Mar. 1686. Devisees: Sam'l Branch, Jno. Wells' son, Thos. Chattwin, Nathaniel Brown, Thos. Goostey, Alex. Atkins, Thos. Chowning. Exors: Thos. Chowning. Wits: Stephen Tomlin, Nathaniel Brown, Tho. Chattwin. W.B. 5, p. 110.

1699-1701 Lancaster County Order Book; [Antient Press]; Page 107 Lancaster County Court 13th of March 1699/1700 - STEPHEN TOMLIN, Plaintiff, brought suit against JOHN MATHEWS, Deft., for yt ye Deft. by force and armes &c. and contrary to ye peace &c., upon ye land being ye freehold of ye Plaintiffe did enter and divers trespasses thereon did committ to his great damage; whereupon he by RICHARD HANIE, his Attourney, sheweth that he hath a good right and title of in and to four hundred eighty acres of land scituate lying and being on ye North side of ye RAPPAHANOCK RIVER in ye Parish of White Chappel in this County bounding on ye lands of WILLIAM THOMAS, BRYON STOTT, THOMAS CHITTWOOD and ye land formerly of Parson GRIMES which land was granted by Pattents dated ye 1st of November 1664 to GEORGE VEZEY by NATHANIEL BROWN being since deceased, ye right of ye land is more fully vested in him said STEPHEN and of the same he was lawfully possessed of his demense as in fee simple notwithstanding all which he, JOHN MATHEWS, on ye 20th die August last into and upon ye land by force and armes did enter and timber trees and other trees on ye land growing hath unlawfully cut down and destroyed, ye ground doth break up and divers other trespasses enormities and devastations on ye land he doth daylie doe and committ and by force and armes ye Plaintiff from ye possession of ye land doth keep contrary to ye publick peace &c. and to ye Plaintiff damage two thousand pounds of tobacco and calque, &c. whereupon ye Plt. prays yt ye Deft. may by Order of this Court be ejected expelled and moved and him, ye Plt., be put in quiett possession; And ye Deft. by JOHN RANKIN, his Attourney, for Plea saith that he is Not Guilty in manner and form as is by ye Plt. sett forth in his Declaration and puts himselfe upon ye Country for tryall and ye Plt. allsoe; whereupon they, the Plt. and Deft. moveing for a Jury to survey ye land in question it is ordered yt ye Sheriffe of this County or his Deputy do summon or cause to be summoned an able Jury of Freeholders of ye vicinage to see ye same surveyed by Mr. EDWIN THACKER, Surveyor, who by ye Plt. and Deft. is elected and chosen to survey ye same on Fryday ye 5th day of Aprill and do make report of their proceedings therein att ye next Court under their hands and seales.

Sources

General Citations

• Stephen's 1704 Will. Will Book 8, 1690-1709, Lancaster County, Virginia Colony. Pages 119-120. Available online without restriction courtesy of FamilySearch, here. Accessed by Christopher Smart 19 Dec 2023.

Footnotes

1. ↑ Stephen died in Virginia County's Lancaster County, but there's no evidence he was born there, or even in the New World. Also while it's been reported here that Stephen was born 25 Feb 1639, no evidence to support that date has been provided.
2. ↑ 1668 Assessment. Assessment, 22 Nov 1668. Lancaster County, Virginia Colony, Order Book 1, 1666-1680, pp. 86-87. Available online without restriction courtesy of FamilySearch here. Accessed 1 Jan 2024.
3. ↑ Lancaster County today lies entirely north of the Rappahannock River. Until 1669, in which year Middlesex County was formed, Lancaster County straddled the river, thus leading the assessors to differentiate between the county's north and south sides. Sources:
   1. Wikipedia contributors, "Lancaster County, Virginia," Wikipedia, The Free Encyclopedia (accessed January 22, 2024).
   2. Wikipedia contributors, "Middlesex County, Virginia," Wikipedia, The Free Encyclopedia (accessed January 22, 2024).
   3. Iberian Publishing Company's On-Line Catalog: The Growth of Virginia, 1634-1895 (1651-1660). Available online here.
4. ↑ TOMLIN, Stephen & BROWN, Ann (wid.) (BROWNE); bef. 14 Dec. 1693; bride was the wid. of Nathaniel BROWN (d. [Lancaster County] bet. Jun 1691 and Sep 1693); (LC OB 1686-96:274, 280, 282; WD 8:40)." Headley, Robert K. Jr. 2003. Married Well and Often: Marriages of the Northern Neck of Virginia 1649-1800. Genealogical Publishing Co, Inc. Available online with subscription at Ancestry.com here.
5. ↑ Stephen's 1704 Will (citation). He executed the will before witnesses Thomas Earth, William Samon, Charity Atkins and Jonathan Cary.
6. ↑ Stephen's 1704 Will (citation).
7. ↑ Stephen's 1704 Will (citation): Stephen gave his "well beloved friend Mr. Edward Tomlin Marrinor in London twenty acres of land lying adjoining to the Creek it being p[ar]t of the Tract or parcel of Land whereupon on my son Edward Tomlin now liveth," as well as Stephen's "black horse with my best saddle and furniture ... and a silver cup that holds a pint or upwards."
8. ↑ Stephen's 1704 Will (citation): Stephen gave his "son Edward Tomlin" the "Plantation where he now liveth as by pattent four hundred and Eighty acres during his natural life except the ... twenty acres [Stephen left to his friend, Edward Tomlin Marrinor in London]."
9. ↑ Stephen's 1704 Will (citation): Stephen left his "Grandson Stephen Tomlin son of Edward Tomlin my Negro man and one white man servant by name Thomas Earth and one white woman servant by name Charity Atkinson, likewise all my stock of cattle except what before mentioned with all my corne and Tobacco that my hands make and that the aforementioned servants when they have finished their crop to be sold for .... and that he shall be kept to School till he come to he age of Twelve Years and then to be bound apprentice to Cap[tain] Edward Tomlin of London to go to sea or to some other person according to ye will of his Trustees."
10. ↑ Stephen's 1704 Will (citation).
11. ↑ Stephen's 1704 Will (citation).
12. ↑ Stephen's 1704 Will (citation).
13. ↑ Stephen's 1704 Will (citation): Stephen left "one cow with calf" to Samuel Bromley, and a "gold ring" to John Foster. He left "Anne Kirke as much searge as will make for a gowne and Petticoate and ... Linon for her child." He granted his "servant Elinore Swoony her freedom" and items of clothing. He left "Cap[tain] Samuell Fox Twenty Shillings to Buy him a Ring." He left "Margaret Sanders as much searge as will make for a gowne and Petticoate." He left "Charles James Twenty Shillings to Buy him a Ring.".
14. ↑ Stephen's 1704 Will (citation): the balance of Stephen's estate left to "my son Edward Tomlin."