Thomas R Cardwell, III (c.1683 - 1751)

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Birthplace: New Kent,,Virginia,USA
Death: Died in Cumberland,Virginia,USA
Managed by: mi² Anderson, (c) ♥
Last Updated:

About Thomas R Cardwell, III

Last Will and Testament of Thomas Cardwell

Added by grullapaint on 31 Mar 2009

Originally submitted by wrcardwell_1 to Cardwell Line I on 20 Dec 2007

In the name of God Amen this 2nd day of December one thousand seven

hundred and seventy two I Thomas Cardwell of the Parrish and County of

Henrico Being very weak in Body but of perfect mind and memory do make

and confirm this my last Will and Testament as Followeth the First I give

and forfeit my soul to the Almighty God that made it and my Body to the

Grave to be Buried in a Christian decent like manner the maker and to my

worldly goods I give in manner and form as followeth Item I give to my

son Richard Cardwell one negroe girl named Nancy to him and her heirs

forever. Item I give to my daughter Martha Epperson one negro girl name

____ to her and heirs forever. Item I give to my son John Cardwell one

negroe woman named Cloe tp him and his heirs forever. Item I give to my

daughter Elizabeth Bandy one negro woman named _____ to her and her heirs

forever. Item I give to my daughter Lucy Brazeel one negroe woman named

Phillis to her and her heirs forever. Item I give my grandson John Henry

Brazeel one mullato boy named Jack to him and his heirs forever. Item I

give to my grand daughter Polly Peron Brazeel one negro girl named Hanah

to her and her heirs forever. Item it is my will and desire that my old

negro woman Hanah may after my decease have her Liberty as a free woman

also I lend my daughter Lucy Brazeel two fellows named Absalom and James

to the space of three years _______________leave the rest of my negroes

named as followeth Judith Lucy Bob Napper and Janney to gather with all

the rest of my estate not mentioned to be sold to paye my debts and at

the expiration of the three years within mentioned then these two negroes

Absolom and James to be sold and all my debts to be paid and if any

balance over paying my debts then it is to be equally divided amongst all

my sons and daughters I do wise appoint Charles Lewis and Daniel Marwood

and my daughter Lucy Brazeel to be executors and executrix of this my

Last Will and Testament as above mentioned in Witness whereof I have ___

unto set my hand and seal the day and year above.

To the Worshipful the Justices of Henrico County Court sitting in

Chancery showeth to your worshipsome orators and oratines George Cardwell

and Daniel Cardwell executors of Richard Cardwell deceased. John Cardwell

Francis Epperson and Martha his wife, Richard Bandy and Elizabeth his

wife that Thomas Cardwell late of the County of Henrico being possessed

of a number of negroes and other personal estate and having a son Richard

Cardwell the Testator of your orators Daniel Cardwell and Richard

Cardwell a son John Cardwell and three daughters your oratines Martha and

Elizabeth intermarried with your orators Francis Epperson and Richard

Bandy and Lucy Brazeel widow and relict of Drury Brazeel deceased and

make and publish his last Will and Testament in writing bearing date the

second day of December in the year of our God one thousand seven hundred

and seventy two and shortly after departed this life without reworking or

altering the same by which said will after devising a negroe to each of

his children and one negroe to each of his two grand children John Henry

Brazeel and Polly Peron Brazeel children of the said Lucy Brazeel should

have the use of two negroe men slaves named Absolom and James for the

term of three.

Information below from Linda Martino, a Bandy researcher

Cardwell Chancery Case 1783-9 evidence for Richard & Elizabeth marriage

Although Richard Bandy (d 1795) may have had a wife Jane Cummins, he did have a wife Elizabeth Cardwell daughter of Thomas Cardwell and Martha Perrin. She is named in the will 2 Dec 1772 of Thomas Cardwell found in the Henrico County Chancery Court file 1789-2. There was a chancery court case starting in 1783 involving all the children of Thomas which ended in 1789 and they evidently submitted the will as evidence. It names Elizabeth's husband as Richard. Since Richard and Elizabeth Bandy are found in Cumberland county legal documents 1756 (I have not checked original on this) and deed sales of both 1762 and 1766 ( I have checked the originals), I think we can assume she was Richard (d 1795)'s wife not Richard (d 1815) and he was married to her by 1756 at the latest.

The Eubank's Book says the land record for 24 Mar 1755 bought 200 acres from Samuel Phelps Southam Cumberland Co VA near Francis Epperson and Francis Stegar. Richard and Elizabeth sold it 4 Nov 1766 to John Cardwell. In Eubank's book I think they believe it was John Cambell due to the writing. If you look at the sale later by John Cardwell it is clear this is Cardwell not Cambell. John was Elizabeth's brother. One other thing missed in that the sale of land 24 Aug 1762 to James Aiken, is followed by Elizabeth wife of Richard giving up dower rights. There is damage to the pages of the deed book such that if I had not seen the same thing in the sale of 1766 to John Cardwell I might have missed it.

The source for the speculation about this marriage that I am aware of is a book by Helen E. Hart Peyton, "Some Early Pioneers of Western Kentucky, Their Ancestors and Descendants". Deborah, Iowa: Anundsen Publishing Co., Second Edition, 1990, p. 296. which says: "Latest research in Henrico County, Virginia Court Orders, 1774-1780, lists a court case between George Cardwell and Daniel Cardwell executors of the last will of Thomas Cardwell, dec'd., John Cardwell, Francis Epperson and Martha his wife, Richard Bandy and his wife, Elizabeth divisees of Thomas Cardwell vs. Charles Lewis and Lucy Brazile surviving executors of the last will of Thomas Cardwell, dec'd. The case was to continue in chancery court, 8 November of 1785, no continuance was located." As a devise of course one thinks she would be a daughter but it was not stated clearly.

I talked to the archivist at the Library of Virginia, where all these records are, to see if I could find the relevant records. This proved difficult because they appeared not to exist, however while at the site I found they have an on-line index to some of the chancery court records. It showed a case ending in 1789 with almost identically the same names but of course it was only an index. While I waited to get this record I thought perhaps there was a court order in the local court for the book 1781-1787 which did exist. I got the film and searched - but nothing. Meantime I looked at the originals of the deeds. I had the advantage of the land records mentioned above but I had the advantage of Helen Peyton's book where he followed the John Cardwell land through his sale so there is no question between Cardwell and Campbell.

When I got the package from the library I was bowled over. It included a copy of Thomas Cardwell's will 2 Dec 1772 which clearly names Elizabeth Bandy as a daughter. In the additional material Elizabeth is identified as the wife of Richard Bandy. I suspect the will was never recorded until the problem that occurred in 1783 or it was recorded and burned along with many other records of the time.

Linda Martino

13-Mar-2001

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Thomas R Cardwell, III's Timeline

1683
1683
New Kent,,Virginia,USA
1701
1701
Age 18
Henrico, Virginia, USA
1712
1712
Age 29
Henrico,,Virginia,USA
1715
1715
Age 32
Henrico,,Virginia,USA
1716
March 31, 1716
Age 33
Henrico Co, VA
1719
April 15, 1719
Age 36
Henrico, Virginia, USA
1728
1728
Age 45
Henrico County VA
1751
May 29, 1751
Age 68
Cumberland,Virginia,USA