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James , Jr. Whaley

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Birth  19 Jul 1728  New Kent County, Virginia 
Sex  Male 
Died  1784  Cameron Parish, Loudoun County, Virginia 
Person ID  I2140  Default Tree 
Last Modified  22 Aug 2005 
 
Father  James , Sr. Whaley, b. 1684, Westmoreland County, Virginia 
Mother  Elizabeth 
Group Sheet  F987  Default Tree 
 
Family 1  Barbara Remy, b. Abt 1737, Loudoun County, Virginia 
Children 
 1. Jacob (Remey) Whaley, b. Abt 1757, Loudoun County, Virginia
 2. Benjamin Talbot (Remey) Whaley, b. 1760, Loudoun County, Virginia
 3. James (Remey) Whaley, b. Abt 1764, Loudoun County, Virginia
 4. Elizabeth (Remey) Whaley, b. Abt 1765, Loudoun County, Virginia
 5. Rebecca (Remey) Whaley, b. Abt 1766, Loudoun County, Virginia
 6. Henry (Remey) Whaley, b. Abt 1768, Loudoun County, Virginia
 7. Elijah (Remey) Whaley, b. Abt 1770, Loudoun County, Virginia
Group Sheet  F951  Default Tree 
 
Family 2  Lydia Ann Remy, b. 1735, Loudoun County, Virginia 
Married  Bef 1751 
Children 
 1. Elizabeth Whaley, b. 1751, Loudoun County, Virginia
 2. John Whaley, b. Abt 1753, Loudoun County, Virginia
 3. Jane Whaley, b. Abt 1754, Loudoun County, Virginia
 4. Barbara Whaley, b. Abt 1756, Loudoun County, Virginia
 5. William Whaley, b. Abt 1758, Loudoun County, Virginia
 6. Mary Whaley, b. 1761, Loudoun County, Virginia
Group Sheet  F992  Default Tree 
 
Family 3  Ann Talbott 
Married  Bef 1770 
Children 
 1. George Whaley, b. 26 Jun 1773, Loudoun County, Virginia
Group Sheet  F988  Default Tree 
 
Notes  The record in St. Peter's Parish, New Kent County, Virginia reads: "James Whaley, son of James Whaley, born July ye 19 baptized Aug. 11, 1728."

James Whaley had 7 children by his sister-in-law, Barbara Remy, to whom he was not married.

Order Book A, page 98, of Loudoun County, Virginia states that at a Circuit Court held May 8, 1758, "the Grand Jury presented Barbara Remy for having a base born child within six months past and James Whaley, Jr. for absenting from his wife and taking up with another woman & his wife's sister and having a base born child by her within six months."

Order Book A, page 208, states that "At a Circuit Court held March 13, 1759, upon the proceedings returned against James Whaley for breach of the peace, the said James appeared here this day according to his recognizance and thereupon Ann Whaley was sworn against him and he heard his defense. On consideration whereof it is ordered that the complaint be dismissed and that said James be discharged from his recognizance aforesaid."

Apparently wealth and influence were deciding factors in this decision because James Whaley had six more children by Barbara Remy. He acknowledged them in his will, surnaming each Remy but adding to each name, "commonly known as Whaley." [2]

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The following is a full copy of the will of this James Whaley:

In the name of God Amen I James Whaley of Cameron Parish, Loudoun county in the Common wealth of Virginia, being sick in body but of perfect and sound memory, a calling to mind the uncertainty of this like do make this my last will and testament and as touching such worldly estate as it hath pleased god to bless me with I give and dispose of the same in the following manner viz, Imprimis It is my will that all my just debts and funeral expenses be paid out of such part of my estate as my executors here after named shall think proper.
item I lend to my beloved wife Ann Whaley for and during the term of her natural life, for her use and the benefit of my children hereafter named, all my estate both real and personal either in Loudoun or elsewhere, except one feather bed and furniture, one six gallon pot, one frying pan, two pewter dishes, one gallon basin, six knives and six forks, Bazil Stonestreet's and George Lathan's rents, which will be due the first of January 1785, which articles and rents I give to my son Jacob Remey, commonly called Gibson Whaley to him and his heirs forever.
In case my wife Ann should die before my son George Whaley arrives at lawful age my Will is that my executors or the surviving of them keep the estate lent to her altogether and school him there out as they think proper and as soon as he shall arrive at lawful age I give and bequeath to him my said son George, the plantation I now live on containing one hundred and twenty acres together with two hundred acres of land, his choice of any I may have on the Kentucky and western waters and three Negroes his choice of any of that period belonging to my estate and I give and bequeath the same to him, his heirs and assigns forever.
item I give and bequeath to my grandson Charles Lee Sears, as soon as my son George arrives at lawful age in case my wife Ann should be dead, but if she be living at that time then not till her decease, one Negro boy or girl in choice of either of the age of eight or ten years at that time which said Negro I give and bequeath to him and his heirs and assigns forever.
My will and desire is that my executors hereafter named convey to Col. Henry Lee Jr. all my right and title to the lands I hold in Prince William County and the land in said county which I have sued John Hooe for , on his paying three hundred pounds current money, or giving his bond with good security payable in twelve months with interest, which was the price he agreed to give for the same, whether I cast Hooe in the suit or not, but in cas Col.. Lee should refuse to comply with said agreement my will is that the same be disposed of with my other estate hereafter to be mentioned.
To my granddaughter Hannah Neale Talbot, daughter of Benjamin Talbot by my daughter Mary, his wife, I give and bequeath, when she arrives to the age of sixteen years, one feather bed and furniture, to her and her assigns which gift is intended to bar my said daughter Mary Talbot from claiming any part of my estate. To my son Benjamin Talbot Remey, commonly called Benjamin Whaley, I give and bequeath all my wearing apparel to him and his heirs.
All the rest of my estate both real and personal in whatsoever place not heretofore bequeathed at my said wife's decease and the arrival of my son George to lawful age as within expressed I give to my children John Whaley and Jane Ellis and to my children by Barbara Remey namely Benjamin Talbot Remey commonly called Ben Whaley, Jacob Remey commonly called Gibson Whaley, James Remey commonly called James Whaley, Elizabeth Remey commonly called Elizabeth Whaley, Rebecca Remey commonly called Rebecca Whaley, Henry Remey commonly called Henry Whaley and Elijah Remey commonly called Elijah Whaley, to the children of William Bernard Sears by my daughter, his wife, except Charles lee sears their son one child's part to be equally divided between them. To the children of Henry Talbot by my daughter Barbara, his wife, one child's part to be equally divided between them. To my grandson Charles Whaley, son of William Whaley and Elizabeth his wife, one child's part to be equally divided as above mentioned to them and their heirs forever.
It is my will that one child's part given as above to the children of William Whaley, Elizabeth Sears and Barbara Talbot as legacies shall be their respective parents from claiming any part of my said estate.
It is my will that my executors hereafter named convey to John Matthew, and Robert Fryer of Fauquier County by deeds with special warranty, the land sold by me to them upon their paying three pounds the balance of the purchase money with interest from the time of the sale, It is also my will and desire that my brother William Whaley have hold and enjoy the lot and plantation whereon he now lives for and during the continuance of the lease and I give the same to him together with all my right and title to one Negro man slave named Harry and one other Negro man slave named Megaley both in his possession and I give them to him and his heirs forever.
And lastly I constitute and appoint my trusty friends Charles Simm, Hardage Lane, William Lane and George Summers, my whole and sole executors of this my last will and testament revoking all other will or wills heretofore made ratifying confirming and acknowledging this to be my last. In testimony whereof I have hereunto set my name and affixed my seal the 8th day of July 1784.
Signed Sealed published and declared by the said James Whaley to be his last Will and Testament. In the presence of:
The interlineation in the bequest made to George Whaley made before signing, Mo. Thomas, John Curtis, Thos., McIntosh, Benja, Cockerill
Codicil to this will be it remembered that in case my son George should die before he arrives at lawful age, in case my wife should then be living, then at the time of her decease my will and desire is that all that part of my estate both real and personal devised to him equally divided between my children namely John Whaley, William Whaley, Elizabeth Sears, Barbara Talbot and Jane Ellis and in such case I give and devise the same to them and their heirs forever in witness whereof I have hereunto set my hand and affixed my seal the 11th day of July in the year of our lord 1784. Published and declared in Presence of Benj. Cockerille, Thos. McIntosh.
At a court held for Loudoun County August 9th 1784 this will was proved by the oaths of John Curtis, Thomas McIntosh and Benjamin Cockerille three of the subscribing witnesses thereto and the Codicil there under written was proved by the oaths of Thomas McIntosh and Benjamin Cockerille witnesses thereto and ordered to be recorded. And at another court held for said county October the 11th 1784 on the motion of Charles Simms and William Lane two of the executors therein named, who made oath according to law certificate is granted them for obtaining probate thereof in due form, on they giving security whereupon they together with Leven Powell and Hardage Lane their securities entered into and acknowledged their bond in the penalty of two thousands pounds conditioned as the law directs, Liberty reserved the other executor. to join in the probate thereof when they think fit.

Test
Char. Binns, Clkt
 
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