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John Witcher, son of Major William Witcher
In this essay, we will delve into the life and legacy of John Witcher, one of at least six sons fathered by Major William Witcher of Pittsylvania County, Virginia. Our focus will center on John Witcher, exploring his contributions and the mark he left on his family and community.
In William’s will, which was officially validated in an open court in 1808, this John Witcher is specifically referred to as “John Witcher Jr.” This designation signifies the presence of at least one other John Witcher residing in the Pittsylvania County area during that period.
Furthermore, tax records from the same era corroborate this by documenting multiple individuals named John Witcher living in the county.
The Witcher clan played a very prominent role in early Pittsylvania County development. Therefore court records are filled with accounts of Witcher property transactions as well as their political activism. In these very early archives, there are several John Witchers listed, variously identified as John, John Jr., or John Sr.
In early record keeping, the title junior and senior very often meant to denote age as a method of distinguishing same-named individuals having identical surnames, and not necessarily a father son relationship.
In the area of today’s Pittsylvania County region, on July 14, 1766, William Witcher sold 191 acres to a certain John Witcher. This John was not identified as junior or senior. Most think he was a very close relative to William Witcher.
The John Witcher involved in the 1766 land transaction is probably John Witcher Sr., who eleven years later signed an oath of allegiance to the Continental Army.
There was a certain John Witcher, Jr., who also signed this 1777 compact. This John probably was the son of Major William Witcher, and would’ve therefore been the John Witcher, Jr., named in William’s 1808 last will and testament.
According to existing colonial tax records, John Witcher Jr. was William Witcher’s first born son. This John Witcher was apparently born in 1757.
The will of William Witcher Sr. lists his male children in the following order: John Jr., William Jr., Daniel Jr., and then Ephraim Jr., James Jr., and finally Caleb Witcher. From the tithable tax records, we know John, William, and Daniel are listed by order of birth in William’s will. Since that listing in the will is exactly repeated every time, it seems apparent an attempt was made to order his sons by seniority in the last will and testament of William Witcher Sr.
This all lends credibility to the belief many have that John Witcher’s mother was a woman born an Atkinson. I elaborate this point in my essay about William Witcher; click here to read the essay.
In 1773 William lists John Witcher as a “son” in his household. This is an important record, as the law mandated the age at which one was to begin listing a son as a tithable. We know for certain sons over sixteen and under twenty-one years of age were to be listed, if those sons were living in the father’s household. Therefore as we advance through the subsequent years of tax lists, we can know this John was born around 1757, and was William’s oldest living son as of 1773.
If it's true that William Witcher was first married to Lydia Atkin/son and then, after her, to Ann Majors—as is widely speculated—then I believe Lydia was his first wife and the mother of John, William, and Daniel. This belief is based on evidence from colonial tax records. For a focused discussion on why I've reached these conclusions and the assumptions behind them, please click here.
An item of interest in the 1779 tax record is the detail that John Witcher (son of William Witcher) is no longer grouped under his father’s household, as he was by June of 1779, apparently twenty-two years of age.
In Pittsylvania County, January court, 1778, John Witcher produced his commission appointing him ensign, and later in May of 1778, he produced to the court his commission promoting him to rank of 2nd lieutenant within William Witcher’s company of militia. Evidence points to this John Witcher being the son of William Witcher.
It is interesting (and notable) that John Witcher appeared in Pittsylvania County court in March of 1779 to produce a commission appointing him 2nd lieutenant in the militia of “this county,” and he, “took the oath by law prescribed.” This oath was witnessed by the court ten months after John Witcher’s previous May of 1778 appearance, where he then made public acknowledgement of his promotion to, “second lieutenant …to Captain William Witchers Company of Militia in this county.”
The March of 1779 court appearance and his subsequent listing in the 1779 tithables both motivate me to believe William’s son Lieutenant John Witcher was in Pittsylvania County during the spring of 1779. Whether he later marched with Captain William Witcher at the Battle of Stono Ferry is to be determined.
By August court of this year (1779), William Witcher was once again seated at his bench, along with gentlemen justices, John Owen and George Carter.
Apparently Captain William must’ve performed admirably in the Battle for Stono Ferry, for in November court of this year, Captain William Witcher produced a commission from the Governor of Virginia appointing him to the rank of major of the Pittsylvania County militia. Replacing him as captain is Henry Conway, and the same record indicates John Witcher’s command as 2nd lieutenant is accordingly transferred to Captain Conway’s militia.
John Witcher “Jun” was listed in the 1785 Pittsylvania County census for 1 white “over 21 years,” presumably that being himself. That record indicated he owned 2 horses and 4 cattle. This John Witcher is the son of William Witcher, Sr. It was from this John Witcher that a daughter named Tempy was born. Tempy married her kin, James Witcher, who was the son of Ephraim Witcher. This is the Ephraim Witcher who married Betsey Fipps, the daughter of John and Tabitha Fipps.
John Witcher “Junr” is listed in 1786 as being responsible for 1 tithable “whites over 21,” and no tithable listed over 16 years of age. This John also was listed as owning 2 horses and 4 cattle.
In 1795, in Pittsylvania County, Virginia, John Witcher, Sr., purchased fifty acres from Steven Potter. Only one year later another John Witcher in the same county, then identified as John Witcher, Jr., buys 300 acres from William Witcher, Sr. It was in 1797 that land tax records began to register these two different Johns, identifying one as John Witcher, Sr., and the other as John Witcher, Jr.
The John Jr. listed as a son in Major William’s will married a woman named Susannah, and together they had children. Because of surviving court records, we can know for certain whom some of those children were.
One of them was a lady named Oney Witcher.
In April of 1806, William Witcher Sr. had given his granddaughter Oney Witcher a gift of a slave. We know this because of a deed of gift registered with the court. Portions of this record state: “Witcher, William, Sr. to gr-daughter Oney Witcher, daughter of John Witcher, Jr., a gift of a slave; Apr 1806”
This deed of gift is very important as it identifies Oney as a daughter of John Witcher, Jr. Oney would later be listed in her father’s will and subsequent estate records, along with her mother and siblings.
John Jr., the son of Major William Witcher, died in 1834. His wife Susannah was mentioned in John’s will. His sons were identified as Benjamin, Francis, and James, and his daughters were Owney, Betsey, Tempy, Denny, Joannah, and Polley.
I have provided a transcription of the last will and testament of John Witcher, Jr.
From Will Book One, page 272, Pittsylvania County, Virginia.
“I John Witcher of the county of Pittsylvania and the state of Virginia do make and ordain this my last will and testament in and manner and form as follows to wit
1st it is my will and desire that all my just debts and funeral expenses shall be paid
2ly I do loan to my beloved wife Susannah Witcher for and during her natural life and widowhood all my estate both real and personal and I do hereby authorize her to give my son Benjamin Witcher one feather bed and furniture
3ly I do give to Finee ??? Dalton son of Frances Dalton one negro girl named Patience and her future increase in full of his deceased mothers part in my estate to be delivered to him at the death or marriage of my beloved wife or sooner if she think proper to give her up
4th it is my will and desire that at the death or marriage of my beloved wife Susannah Witcher all my real estate shall be sold by my executors herein after to be appointed on a credit of one and two years and that the money arising from the sale thereof together with all the residue of my estate herein before loaned to my beloved wife and not herein otherwise disposed of shall be equally divided between my following children to wit Betsey Eppinson ??, Owney Witcher, James Witcher, Tempy Witcher, Benjamin Witcher, Denney Graves, and Joannah Graves and the bodily heirs of my deceased daughter Polly Witcher all of which I give to them and their heirs forever and
lastly I do hereby constitute and appoint my beloved wife Susannah Witcher executrix and James Graves and Thomas Graves executors to this my last will and testament hereby revoking all others or former will by me heretofore made in witness whereof I have hereunto let my hand and affixed my seal this 23rd day of February in the year of Christ 1834.
Signed sealed and
Published in presence of
Vin [Vincent] Witcher
William Witcher
Armistad Witcher
The words of my real estate in the fourth paragraph ware underlined before signing of will
John Witcher
At a court held for Pittsylvania county the 18th day of August 1834 the last will and testament of John Witcher was presented in court and proven by the oath of three subscribing witnesses and ordered to be recorded and Susannah Witcher the executrix in said will named by her letter of for refusing to join in the probate on motion of James Graves and Thomas Graves the executors in said will named who made ??? according to ???? and with Wm. Graves, Samuel Binges ?? ?? T. Waldon and Vincent Witcher their securities intended ??? and acknowledged bond in the penalty of fifteen thousand dollars conditioned as the said ??? certificate was ??? them for obtaining probate of said will in due form. Will Tunstall Cr”
A court record from December 1848 captures significant attention. It details an order for the division of slaves owned by John Witcher's estate among his heirs. It is presumed that John's wife had passed away that year, prompting the issuance of this court order. This critical document meticulously lists the names and relationships of individuals within the family, providing invaluable insight for family researchers. An image of this pivotal document has been included in the photo gallery on this page for further examination.
By the time of John’s death, at least four of his children had migrated to Georgia. We can know with certainty who three of those children were, Tempy, Polly, and James Witcher. There is a high level of confidence that Benjamin Witcher (son of John and Susannah) had also migrated to Georgia. Benjamin and James Witcher were perhaps among the very first Virginia Witchers to make this move.
The migration of John and Susannah’s daughter, Tempy, resulted in yet another paper trail which deepens our understanding of who this John Witcher was.
Twenty-three years before his death, John JR’s daughter, Tempy, married her near kin, James Witcher, the son of Ephraim Witcher. On the 28th day of December, 1811, John submitted a note of consent for his daughter to marry James. Check out the photo gallery on this page to see an image of this note and the marriage bond. From the record of the James Witcher family bible, we know it is certain this marriage was of necessity, as Benjamin, the son of James and Tempy Witcher, was conceived out of wedlock. Benjamin Madison Witcher was born April 29, 1812, four months after the marriage of James and Tempy.
Colonial law required parental or guardian consent for daughters under twenty-one years of age to marry; which according to an 1850 census record, Tempy was barely under this age. Also, as required by law, a $150 bond was secured, obligating James and Tempy to fulfill the marriage commitment. Within the marriage certificate, John Witcher is identified as the father of Tempy.
I have transcribed and provided the note of consent and the marriage bond.
The note of consent:
“December 28, 1811
Sir if you please to ???? of marriage of James Witcher and my daughter Tempy Witcher as I have given my consent to the marriage your compliance will greatly ablige me.
Test
James Witcher Jno. Witcher”
The marriage bond:
“Know all men by these presents that we James Witcher Jr and James Witcher Sr. --------- are held and firmly bound unto George William Smith governor of the commonwealth of Virginia for the time being and his ?? in the sum of one hundred fifty dollars for the payment whereof we bind ourselves our heirs and ??? and administrators jointly and everally firmly by these presents sealed with our seals and dated this 28” day of December 1811
The condition of the above obligation is such that whereas there is a marriage intended to be had and solemnized between the above bound James Witcher -------- and Tempy Witcher daughter of Jno. Witcher
If therefore there is no lawful cause to obstruct the said marriage then the said obligation to be void else to remain in full force and virtue
Signed sealed in the presence of Omuix ?? James Witcher
James Witcher”
After Tempy and James were married they moved to Georgia, sometime around 1819. Soon after the move, both Tempy and her husband were pursued by an attorney hired by Tempy’s dad, in order to recover a slave “lent” to her by her father, John Witcher.
Here is a transcript of the power of attorney given by John Witcher (by this time known as “Sen.”) to his son James Witcher;
From Pittsylvania County, Va., Deed Book 22, page 379.
“Know all men by these presents that I John Witcher Sen. of the county of Pittsylvania and the state of Virginia have made authorized constituted and appointed and by these presents do make authorize constitute and appoint my son James Witcher of the county of Madison and state of Georgia my true and lawful attorney for me and in my name and for my use to ask demand and receive of James Witcher (son of Ephraim) one negro girl named Anna and other property which I loaned my daughter Tempy who intermarried with the said James Witcher and to take all lawful ways and means in my name or otherwise for the recovery of ??? ??? ordain receipt thereof acquittances or other sufficient discharges for ???? for me and in my name to make seal and deliver and to do all lawful ??? and things whatsoever concerning the ???? as fully in every respect as I might as could do if I were personally present hereby ratifying I conferring all and whatsoever my said attorney shall in my name lawfully do in and about the ??? by virtue of these presents in testimony whereof I have hereunto set my hand and affixed my seal the 27th day of July of the year of our Lord 1819.
John Witcher Sr
In presence of
Examined and delivered
The letter of attorney from John Witcher Sr. to James Witcher his son was presented in the clerks office of Pittsylvania County court the 27th day of July 1819 and acknowledged by the said John Witcher Sr. to be his seal and deed and admitted to record
Will Tunstall cl”
In 1808 John Witcher (as we will recall, then titled Jr.) received slaves from his father William Witcher’s estate. Here is a transcription from a portion of Major William Witcher’s will: “I give and bequeath to my son, John Witcher jr. my negroes Sarah, and her children, Sinda, Ceala, and Anna, in addition to what I have already given him, which I give to him and his heirs forever.”
One of the slaves John receives was “Anna,” the child of another slave named “Sarah.” Eleven years later, John Witcher gave power of attorney to his son James to recover from his daughter Tempy Witcher this very slave named “Anna” who had been loaned to her by her father.
The 1819 power of attorney proves John’s son James and daughter Tempy and her husband James Witcher had all migrated to Georgia. That power of attorney also identifies Tempy as his daughter, and that she was married to Ephraim Witcher’s son James. From this record we also know she had her father’s slave named Anna, and John wanted this slave returned; the same slave bequeathed to John Jr. by his father Major William Witcher.
I would like to again point out in 1808, this John Witcher was known as “Jr.,” but a few years later he took the title “Sen.” This can be explained by the emergence of a younger John Witcher, son of William and Polly Witcher.
There is a very interesting record of marriages, deaths, and other family events enumerated in what is known as Dalton’s Register.
Winston Dalton, of the region of Pittsylvania County, Virginia, was a school teacher who kept a personal journal of local events in the very early 1800’s. In this logbook, there is a death record for John Witcher, who is identified as the son of William and Polly. The death record states that John died April 22, 1825.
The John Witcher who died in 1825 had written his will in 1820. In this 1820 will, he identifies himself as John Witcher, Jr. After John’s death, his will was proven in court on June 20, 1825. This validates Winston Dalton’s record of death.
Dalton’s Register and the last will and testament of William and Polly’s son helps clarify why Tempy’s father identified himself as John Witcher Sen. in the 1819 power of attorney. A younger, of age John Witcher was living in the same county.
John Jr., the son of William and Polly Witcher, listed his wife and one child in his will. His wife’s name was Mary. Only one child (a minor) is listed, a daughter, whose name was given as Mary Ann Francis Witcher. I have provided a transcription of this will, which can be found in Will Book 1, page 677, in Pittsylvania County Court of Ordinary.
Will Book 1, page 677, of Pittsylvania County, Virginia.
“I John Witcher of the County of Pittsylvania and state of Virginia do hereby make my last will and Testament in manner and form following that is to say – 1st I desire that my waggon and five head of horses be sold immediately after my decease 2ndly after the payment of all my just debts and funeral expenses I give to my beloved wife Mary Witcher the whole of my estate both real and personal for and during the time of her natural life with the exception of the waggon and five head of horses before mentioned and one negro girl named Manda and after her decease I give the same to my child herein after mentioned and to be enjoyed by her forever 3rd Should the waggon and five head of horses first mentioned and what money I may leave behind prove insufficient for the payment of my just debts and funeral expenses then I desire that my executor hereafter named may sell such property as my wife Mary Witcher shall direct out of that portion of the estate left and bequeathed to her the said Mary Witcher and none other 4” I also give to my beloved wife Mary Witcher the negro girl mentioned and excepted in the second section of this my last will and testament to wit Manda together with her future increase if any to have to hold and enjoy the same until my daughter Mary Ann Francis Witcher shall arrive of age of 12 years then my desire is that the said Manda together with her future increase if any shall be given to her the said Mary Ann Francis Witcher to have to hold to enjoy the same forever 5th I further desire that my daughter Mary Ann Francis Witcher shall be liberally educated out of that portion of my estate that I have left and bequeathed to my beloved wife Mary Witcher and no other My further wish and desire is that the said Mary Ann Francis Witcher shall be boarded and supported so long as she remains single out of that part of my estate mentioned in this the fifth section of my last will and testament free from all costs and charges whatsoever 6” Should my daughter Mary Ann Francis Witcher die before she becomes twelve years of age or after she has arrived at that age die without an heir then my will and desire is that my beloved wife Mary Witcher shall have hold and enjoy forever the whole of the property both real and personal mentioned in this my last will and testament and for the same to be ??? to her own disposal and for her to have the free use and entire privilege of disposing of the whole or any part thereof in any way or manner whatsoever that she make think proper and for the same to be subject to her entire control and management and lastly I do hereby construct and appoint my friend Charles Pinkard executor of this my last will and testament hereby revoking all other former wills and testaments by me heretofore made In witness hereof I hereunto set my hand and affix my seal this 8” day of April in the year of Lord 1820.
His
John X Witcher Jr.
Mark
Signed sealed published and declared
Is and for the last will and testament
Of the above named John Witcher Jr
In presence of as
Witness
Jno Smith Minor
Witness
Reuben Witcher
Witness
Caleb Witcher
At a court of quarterly sessions, held for Pittsylvania County the 20th day of June 1825 this last will and testament of John Witcher Jr decd. was presented in court and proven by these witnesses thereto subscribed and ordered to be recorded and on the motion of Charles Pinkard the executor therein named who made oath thereto according to law and together with William Swanson and Payton Graves his securities entered unto and acknowledged bond in the penalty of $2000 conditioned according to law certified is granted him for obtaining probate of said will in due form testo Will Tunstall”
Unravelling the mystery of who Major William Witcher’s sons were can be a daunting task. However, at least in the case of his son John Witcher, we have court records available that allow us to distinguish this individual from the other John Witchers who lived at the same time, in the same place.
Upon reviewing the evidence contained in the wills of Major William Witcher, and the two John Witchers, alongside other referenced court records, it becomes evident the John Witcher, Jr. mentioned in William Witcher's will is indeed the same individual recognized as John Witcher “Sen.” by 1819.
These records allow us to know with certainty at least some of John and Susannah’s offspring had settled in north-central Georgia by the early 1800s. Those individuals, along with the other children of John and Susannah Witcher, would go on to play an important role in the development of this country which they (and we) called home.
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Wayne Witcher, 4X grandson of John and Susannah Witcher.
2-24-16/2-20-24
