Will of Joseph Whittaker - 1837

Historical Document

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Will of Joseph Whittaker

A will of real and personal estate in the name of God amen. I Joseph Whittaker Senior of Wythe County being week in boad but of sound and perfect mind and memory blessed bee almighty god for the same, I do make and publish my will and testament in manner and form following first I leave to my beloved wife my plantation during her natural liff and after hur deth for to be divided between John Whittakers twin daughters Alrnrz and Alvirz [I can't make out these names but that's like they appear. I know its not correct but...] which I devise and bequeath to them and there heirs forever and my personal property both in the hous and out of dors for to be sold ameditly after my deth allowing my wife one third of all and allow my beloved for to dispose of hur property as she pleses at hur deth. I give and bequeath to my drandsons John and Joseph Whittiker twelve dollars each. Joseph Whittikers dauter Mary my grand dauter I give and bequeath one bed and bedsted with the carving and twelve dollars in cash. I give and bequeath to my suns and dautrs to Wit James, John, Thomas, Daniel, Joseph, Aron, Nathaniel, Elizabeth and Agnass one dollar each. I do hereby constitute and appoint my son John Whittiker sole Executor of my last will and testement in witness whereof I have hereunto set my hand and affixed my seal this 22 day of Febury 1837. Signed, sealed published and declared by the above Joseph Whittiker to be his last will and testament in the presence of us who have hereunto subscribed our names as witnesses in the presence of the testotor.

John Sutton
Robert Martin
Daniel Y Martin


At a Court held for Wythe County at the Courthouse on Monday the 14th May 1838.

This the last will and testament of Joseph Whittaker dec'd was presented in Court, proved by the oaths of Robert Martin and David Y Martin the subscribing witnesses thereto and ordined to be recorded. Anad on the motion of John Whittaker the Executor named into and acknowledged a bond in the penalty of $300.--conditioned as the law directs certificate is granted him for obtaining probat of said will in due form.


J. P. Matthews, CC


Joseph Whittaker, Sr. applied for this Revolutionary War Pension on November 13, 1832 in Wythe County, Va. The actual pension request record in the Wythe County Order Book 1829-1833 pages 425-427. It indicates that he enlisted as a volunteer in a regiment of VA Militia commanded by Col. Andrew Lewis in Fincastle County (now Montgomery County) in the Company of Henry Polling who resided in Botetourt County. Under Capt Polling's command, he marched to the mouth of the New River on an expedition against the Indians in 1774. He continued in the service for about ten months until late in 1775. He was at the Battle of Point Pleasant on October 10, 1775. After the battle, he remained with the Company under the command of Capt Wiliam Russell for some months after most of the company had disbanded. After that tour, he went to Fincastle County (Wythe County by 1832) where he was officially discharged. He entered the service again as a militia man in a company commanded by Capt John Taylor in 1776 or 1777. That company was later commanded by Capt Thomas Burk and he remained on that tour about three months. The service was against the Indians and the company was generally stationed about the mouth of Indian and Rich Creeks which are tributaries of the New River. About 1787, he then entered a company commanded by Capt Henry Patton and in the regiment commanded by Col William Preston. He marched to North Carolina and was at the Battle of Whetsels Mill which occurred a short time before the Battle at Guilford Courthouse. He was in a sharp engagement at what was called Reedy Fork of the New River. He was not away from home on this tour longer than a month or six weeks.

His testimony was verified by James Harbison of Wythe County and Thomas Farley of Giles County who indicated that they also believed him to be 78 years of age at the time the Pension Application was dated. Thomas Farley knew him when he was a Soldier in the company commanded by Henry Patton and the regiment commanded by Col William Preston. Farley also testified that he knew Joseph when he was under the command of Captains Taylor and Burk.

Three sources indicate that Joseph was born at sea and that his parents died during the voyage. One source indicated that the ship sailed up the Roanoke River in North Carolina and that friends took him to NC. All three sources suggest that he was 'bound out' presumably to pay for the voyage or earn his keep. All three sources list his wife as Obedience "Biddie" Perdue with children that fit exactly with his actual children with the exception of one daughter whose name is not known and one daughter named Nancy instead of Agnass. Possibly her name was Nancy Agnass or some combination of it. One of the sources of information is from the Sam Crotty Family, another source is from Gene Crotty who is a native of Mercer Co., WV. One source is from a Mercer Co. book of History at the Mercer County Library.