John Garton (abt. 1648 - abt. 1698)

Born about Mar 1648 in Leicester, Leicestershire, England

Descendants

Died about 1698 at about age 49 in Richmond County, Colony of Virginia

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Biography

John Garton was one of eight transportees in a headright grant for 366 acres on Mockjack Bay, Gloucester County, Virginia, granted to John Benson on April 10, 1667. (Cavaliers & Pioneers Vol. II, pg. 21)

He may be the same John Garton who was baptized in Leicester, England on March 26, 1648, the son of Richard and Catherine Garton, given that he named his own eldest son and daughter Richard and Catherine.

John Garton sealed his will on June 17, 1698. Probate papers in 1701 names his daughter Katherine, wife of Thomas Petty, among others. It has been long hypothesized that his parents were William Garton and Margaret Angell but no proof has been found of this. Given that John Garton already had several grandchildren by the time of his death (per probate records of his son), and William and Margaret Angell Garton weren't married until 1659 or later (per her father's will of that year that gives her maiden name), it is virtually impossible that John Garton is their child.

1699-1701 Richmond County, VA Order Book; Antient Press: Page 104 Richmond County Court 7th of May 1701 Reference is granted between THO: PETTY & KATHARINE his Wife, one of the Daughters & legatees of JOHN GARTON deced & ROBERT PORT as Marrying HANNA HUGHES, Administrx. of JOHN HUGHES, Executr. of JOHN GARTON deced, till next Court &c. Reference is granted between MARTHA GARTON prochin amie to her Children, JOHN & RUTH GARTON. Plts. and ROBERT PORT. as Marrying HANNA HUGHES. Administrx. of JNO. HUGHES, Executr. of JOHN GARTON deced. Deft. till next Court &c. Reference is granted between DAVID BARROW, Mercht. Pit. & ROBERT PORT as Marrying HANNA HUGHES, Administrx. of JOHN HUGHES, Executr. of JNO. GARTON deced till next Court

1699-1701 Richmond County, VA Order Book; Antient Press: Page 140 Richmond County Court 4th of March 1701 THOMAS PATTY and CATHERINE his Wife, one of the Daughters and Legatees of JOHN GARTON deced, Complt, agt., ROBERT PORT and ANNA his Wife, Admx, of JNO. HUGHES. Exr. of JNO. GARTON, in a plea that they render unto the Plts. the summe of seventeen hundred and fifty & two fifths pounds of tobba: showing that JNO. GARTON late of the County deced, in his last Will and Testament dated ye 17th of June 1698 give and bequeath unto his Wife and five Children, RICHARD, JOHN, MATHEW, CATHERINE and RUTH one halfe of all his Estate, equally to be divided amongst them which Estate being appraised amounted to Seventeen thousand five hundred and four pounds of tobbacco. the one half of which is Eight thousand seven hundred fifty two and RICHARD, one of the Children being dead, the said Eight thousand seven hundred and fifty two pounds of tobbacco being equally divided between the said Widdow and foure Children theire equall part amounting to Seventeen hundred and fifty & two fifths pounds of Tobbacco for which the said Plts. have brought suite and demand Judgment wth costs &c.; And the said Defts, by theire Attorney, Capt. THOMAS GREGSON, for plea do say that the said JOHN GARTON at the time of his decease had not power to dispose of the one halfe or any part of the Estate then in possession of them ye said GARTON and JOHN HUGHES for that the same was purchased by them joyntly and by them held in Joynt tenancy during the life time of the said GARTON and was never divided before his decease for which cause ye said Defts. do say that the right and property of ye whole Estate was legally vested in and doth by Law belong to the said JOHN HUGHES by survivourship; and therefore the said Plts. ought not to have or maintain this action; Upon motion of NATHANLL. POPLE, Atto. for the Plts., time is given him till morning to make replication to the said Plea

1699-1701 Richmond County, VA Order Book; Antient Press: Page 141 Richmond County Court 4th of March 1701 - The action brought by MARTHA GARTON, Mother and prochein amy to her Children, JOHN, RUTH and MATHEW GARTON, against ROBERT PORT and ANNA his Wife, Admx. of JOHN HUGHES, Exr. of JOHN GARTON, deced, is continued till tomorrow morning

1699-1701 Richmond Co VA Orders; Antient Press: (Page 158) Richmond County Court 7th of May 1702 In the action depending betweene THOMAS PETTY and KATHARINE his Wife, one of the Daughters and Legatees of JOHN GARTON deced., and MARTHA GARTON, Mother and prochaine Amy to her Children, JOHN. RUTH & MARTHA GARTON, Pits. and ROBERT PORT and ANNA his Wife, Admrx. of JOHN HUGHES, Ear. of JOHN GARTON deced Defts., the Pits. and Defts. haveing referred the matter in difference to the arbitratrion of Capt. THOMAS GREGSON and Mr. NATHANIELL POPE, upon mature consideration thereof they ye said Capt. GREGSON and Mr. POPE do award as followeth (vizt.) that the said ROBERT PORT &c, Deft do pay unto ye said MARTHA GARTON Widdo. of the said JOHN GARTON deced, One thousand pounds of tobbo: and to the Surviveing Children of the said JOHN GARTON Two thousand pounds of tobbo: to be equally divided being in full of all theire Right and Interest to the Estate of the said JOHN GARTON deced, the Plts. and Defts. to beare an equal! part in the costs of the said suite to which award the Plts, and the Defts. agreeing; this Court doth confirme the same and do order that the said ROBERT PORT &c. Deft. to pay the above named MARTHA GARTON, Widdow of the said JOHN GARTON, One thousand pounds of tobbo: and to the surviveing Children of the said JOHN GARTON, Two thousand pounds of tobbo als. Exo

https://www.colonial-settlers-md-va.us/getperson.php?personID=I084543&tree=Tree1

Research Notes

Virginia Northern Neck Land Grants, 1694-1742. Vol. I p 24 concerns a 1685 land conveyance to "John Garton and Hewes" and provides no additional information other than "Hewes outlived Garton."

Sources

The book Colonial Virginians and Their Maryland Relatives often seen as a citation for this family contains no documentation of any kind on this family. They are mentioned in a footnote on page 129 without supporting documentation.

Acknowledgements

2010 Aug 06 import of Lynch-Tree.ged

2010 Sep 11 import of Shaw 2010-09-10 Dewey.ged

2011 Jul 28 import of 2010-09-14.ged by Bob Carson.