says "Robert Sisson was a planter of tobacco in North Farnham Parish, Rappahannock County, Virginia. Farnham Parish existed in its original form from 1663 to 1814, and it covered both sides of the Rappahannock River. In 1684 it was divided into North and South Farnham Parishes, separated by the Rappahannock River. In 1692 South Farnham Parish became Essex County and North Farnham Parish became Richmond County. In 1732 Lunenburg Parish was formed in Richmond County. Robert's will is to be found in Will Book 1 (with the old Rappahannock records in Tappahannock Court House, Essex County), but the will is unreadable. Barbara Marsh wonders: "Even if it is unreadable, can it be dated, i.e., year, by looking at the pages before and after?" Robert's will, according to Barbara Marsh, mentioned grandson George, so possibly Robert Jr. was already dead. Robert Jr's wife Abigail made a deed of gift in 1698 to three children to protect their claim.
See also "Sisson History, Southern States, Arkansas," Yell County Historical and Genealogical Association Bulletin, v 11, no 4 (Oct 1986).
Robert's will was involved in a suit in the District Court of Northumberland County, Virginia in 1794. From "Cases in the Court of Appeals of Virginia", William and Mary Quarterly, 2nd Series, V 11, p 112. 282: 1794 District Court of Northumberland county: "Doe Lessee of Murra v. Northern. ROBERT SISSON, will 1698. Gandson [sic], George Sisson." This suit has to do with land. Thomas Freshwater, Edmund Northern, father of the defendant, Tobias Purcell ancestor of the plaintiff, will 1761, were also involved. This may establish that the will of Robert Sisson in 1698 was for Robert I (wife Amye).
The suit involved land "sold (according to Barbara Marsh) to Robert Sisson deceased and given by the said Robert Sisson to ye said George Sisson in his last will and testament, ye said Robert being Grandfather to George Sisson." Thomas Freshwater, Edmund Northern, father of the defendant, Tobias Purcell, ancestor of the plaintiff, were also involved. Either the case involved Robert (1) Sisson Sr (Amye's husband) and his grandson George (3) (Robert (2)'s son), or Robert (2) and his grandson George (4), perhaps George (3)'s son.
Here is Sharon Sisson Miller's comment on the question:
1) "By 1794, the George in question could have been the son of George who was born in 1695 (George 4, son of George 3, Robert Jr. 2, Robert 1). The grandson George would probably have been in his seventies by then ... a very old age for those days. But he would have been the grandson of Robert II.
2) "We know that Robert, husband of Abigail, died between 1695 (when his son George was born) and 1698 (when Robert's widow Abigail filed her Deed of Gift to their children). [The preceding sentence is slightly rephrased by Barbara Marsh.] If there was only one Robert, married to both Amye and Abigail, and he was an active adult (perhaps 25 years old?)in 1656, he would have reached about 67 years old in 1698, and produced children quite late in his life. Again, unusually old for the time, but not impossible. This would make George the grandson in 1794 (George, George, Robert).
3) "It's a lot less likely that the grandson in question was the 1695 George (George, Robert II, Robert I). He would have to have been 99 years old and testifying in court at that age. Even with great genetic disposition for longevity, I see this as the least likely possibility."
Barbara Marsh's reaction: "Known male issue of Robert 1 Sisson & wife Amye: 2 sons William Sisson had sons but none were named George. Bryan had a son George b after 1742 in Orange County, Virginia, but neither William nor Henry had sons named George. Robert 2 Sisson & wife Abigail had a son George, born 15 May 1695 in North Farnham Parish, Richamond Co., Virginia. That gives us Robert 1 of the first generation, Robert 2 and William of the second generation, and George, William and Henry of the third generation, with members of each generation being roughly of the same age."
The following is Sharon Sisson Miller's description, in chronological order, as added to by Sharon's brother George Sisson, of the Freshwater land problem:
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1664, March 4: Thomas Freshwater receives 300 acres in Rappahannock County.
1664, April 4: Thomas Freshwater sells his patent to Robert Sisson for 1500 lbs. of tobacco. (NOTE: THIS TRANSACTION WAS NOT FILED UNTIL SEPT. 2, 1665)
1664, Sept 30: Thomas Freshwater petitions Governor William Berkeley for 200 acres on Totuskey Creek. The land was previously granted to Robert Sisson, but Freshwater convinced Berkeley that Robert had deserted the land. Berkeley awarded the land to Freshwater. (NOTE: THIS WAS NOT FILED UNTIL OCTOBER 10, 1665)
1670, Oct. 6: Patent of 279 1/2 acres to _______ for transport of 6 persons in Rappahannock County, Farnham Parish, near Totuskey Creek, adjacent to Robert Sisson, on land "formerly granted Freshwater, but not fairly marked, etc."
1704, June 7: Thomas Freshwater was evicted from 300 acres in North Farnham Parish, Richmond County, by William Sisson. Freshwater (petitioner) claimed that Sisson (defendant) had no right to oust him, as he (Freshwater) had been "demised" the property for a period of years not yet expired by Edward Barrow and his wife Anne. The tenant at the time of the suit was William Marks, Jr. John Doyle, sheriff, swore that he had served Marks with a copy of the Petitioner's Declaration and that Marks had endorsed it. Court decided to summon Marks at the next court hearing to replace William Sisson as defendant and "confess his entry and ouster".
1704, Oct. 4: Freshwater case against William Sisson is continued til next court. NO RESOLUTION SEEMS TO HAVE BEEN REACHED, OR AT LEAST NONE FOUND RECORDED.
1734, Aug. 6: Richmond County Court orders a jury to be convened to settle a matter of trespass between Bryan Sisson (petitioner) and Edmund Northern (defendant). The jury, with surveyor Thomas Barber, surveyed the land and laid out the lands "as each would have it". Bryan produced two patents: 200 acres dated Sept. 26, 1661, showing 200 acres granted to Thomas Freshwater and the other dated Nov. 3, 1661, showing 600 acres granted to Miles Riley. Bryan requested that both patents be laid off into one tract to prove his claim of trespass. The jury examined the original plats drawn in 1661 and heard depositions from several, including surveyor Thomas Barber. They judged that defendant Edmund Northern was trespassing and Bryan was awarded damages. Barber's new description/survey was entered, showing 902 acres and 4 perches of land (Nov. 11, 1734).
1744, Jul. 2: George Sisson of Richmond Co. died intestate.
1653, Aug 24: John Sherlock granted a certificate of land for 3 persons transportation into this colony; James Wellman, Epper Holliman and Robt Sisson ["Deeds & Wills of Lancaster Co, VA 1652-1657]. _____
Holliman and Judith Holliman appear, transported by John Sherlocke, 1653, but no James Wellman and Robt Sisson ["Early Virginia Immigrants"]. "Cavaliers and Pioneers" appears to be lacking the months of May
thru Sep 1653.
1653, Nov 15: transportation of Judith Holliman, _____ Holliman, Robert Sutton, and Christopr Holliman; John Sherlock, 200 acres Lancaster County, on Totaskey Creek ["Cavaliers and Pioneers," p 251]. "Early Virginia
Immigrants" also shows a Robert Sutton transportation 1653 by Johnn [sic] Sheerlock, Lancaster County, but no Christopr Holliman.
1794: Case #282: District Court of Northumberland Co. in which "Robert Sisson's will of 1698, George Sisson, grandson of Robert" were called in regard to suit regarding land. Thomas Freshwater, Edmund Northern and others involved.
I think that Case 282 did not involve Sisson land, but perhaps neighboring property, with the will and George Sisson as witnesses. Since George I seems to have died in 1744, this must be George II, and maybe we shouldn't take the term "Grandson" literally, but allow it to also stand for "Great Grandson".
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Sharon comments on "the evasive location of that 1698 will":
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I'm becoming more convinced that it is the will of Robert (1). And given what's below, it may have been presented to the court but not filed in a proper or timely manner. If it was filed, it must have been pulled several times, as it was used in numerous court cases over the years.
Consider the following possibilities:
Robert (2) may have died intestate, but Robert (1) left a will, including a designation that some of his land go to his grandson, George. In 1698, when Robert (2) was dead and his widow, Abigail, was about to remarry, William Sisson challenged the re-marriage, in an effort to protect the assets of his neices and nephew (a common practice, since Abigail's new husband would have had a lot of power over the assets of both his wife and his step-children).
1698, July 6: Everybody went into court, and little George's interest in Robert's land was recorded, using Robert's will (perhaps from some earlier date) as proof. Abigail then wrote her Will, allocating her own assets to the children in case of her death.
1698, Sep 7: Everybody went back to court, issues settled, content that the children would get their proper inheritances from both parents once Abigail's intentions were filed. Abigail's intended husband may even have signed a pre-nuptial agreement, promising not to interfere with the arrangements. In a seperate citation, I have the following:
1698, Sep 7: "Action brought by William Sisson against John Simmons as marrying the widow of Robert Sisson, deceased, is dismissed." Everybody went home happy, and prepared for the wedding of Abigail
and John Simmons.
In 1704, William was back in court, defending Robert's land against tresspass. It seems that Thomas Freshwater and Robert Sisson never did get their borders agreed upon. William won his case, but in 1734, Bryan had to so the same thing. The 1794 Doe vs. Murra case was quite similar, with Sisson records and Freshwater records from the earliest days being brought in to prove boundary claims.
With all these cases calling for the presentation of Robert's will, perhaps it's filed with one of those cases instead of in the files of wills as it should be. If that's the case, searching via Will Book I will be unsuccessful.
It's also possible that it has the 1698 date on it because of the 1698 court hearings above, but Robert may have written the will and died long before 1698, making the date deceptive. Since Sue Kretchun is positive that she actually saw the will, it's there somewhere!
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Barbara Marsh responds with some research:
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I looked for a John Simmons & Abigail Sisson in "Marriages of Richmond County, Virginia," and found none, and in "Registers of North Farnham Parish," where Robert (2) and Abigail's two children, Mary and George, are listed with their dates of birth, but again found no marriage for John Simmons and Abigail Sisson.
I looked in Headley's "Wills of Richmond County, Virginia, 1699-1800," and on p. 30 found the following:
p. 228 - John SIMMONDS, North Farnham Parish, will; written 27 Aug 1715, probated 5 Oct 1715. Patience Bryan; Abraham Deal; Isaac (the son of Abraham Procter); Thomas Dale a set of cooper's tools; Daniel Beacham; Rawleigh Downman tract of land; remaining land to be divided between Abraham [Dale] and Thomas Young together with the plantation I now live on, after the death of my wife ELIZABETH; Will Dodson; Thomas Glascock; Capt Tarpley; Will Jobson; ex: Rawleigh Downman and Thomas Glascock; witnesses Thomas Durham, Thomas Read, Gilbert Lowding.
There are not many Simmons/Simmonds & variations in this area at this time, so it makes we wonder if Abigail actually did marry John Simmons or if the case was dismissed as they decided not to get married.
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