Philip Mallory

He posted bond for the marriage of John Leach and Mary Hall, October 1796 in Fauquier County, Virginia. His son James Mallory was a witness on the bond. In 1792, Burr Harrison sued him in detinue. He wanted depositions of Thomas Marshall Sr., and wife Mary, Ann Southard, and Mark Hardin, all of Kentucky. (M 10-110, & 113)

His will: In the name of God, Amen. I, Philip Mallory Sr., of Fauquier County being of sound and disposing mind and memory thanks to the Lord for the same, but knowing that it is appointed for all men to die, Do make and ordain this my last Will and Testament. Item It is my will that after my decease the whole of my Estate real and personal shall be sold for ready money and the money arising therefrom to be divided as follows Item I give to my grandchildren John Mallory Southerland, Lucy Mallory, Elizabeth Peay and Jane Carpenter the children of my deceased Daughter Grissell Southerland, one ninth part of my Estate to equally divided between them, to them and their Heirs forever. Item I give to my son Philip Mallory, one ninth part of the money arising from the sale of my Estate and to his Daughters, Sarah Martin Ustace and Ann Prater after his decease. Item I give to my grandchildren Mary M. Kenny, Betsy Foly, Nancy Foly and Edward Mallory, the Children of my deceased son Clement Pines Mallory, one ninth part of the money arising from the sale of my Estate to be equally divided between them, to them and their heirs forever. Item I give to my Daughter, Elizabeth Waggoner, one ninth part of the money arising from the sale of my Estate and after her decease to her Daughters Polly Waggoner and Elisabeth Waggoner. Item I give to my grandchildren, David Cobb, Philip Mallory Cobb, Susanna H. Hill and Elisabeth Cobb, the children of deceased Daughter Jane Cobb one ninth part of the money arising from the sale of my Estate, but on this express condition, that they pay to my Executors the sum due from their deceased father to me. Item I give to my son Roger Mallory one ninth part of the money arising from the sale of my Estate to him and his heirs forever. Item I give to my son, Thomas Mallory, one ninth part of the money arising from the sale of my Estate to him and his heirs forever. Item I give to my son William Mallory one ninth part of the money arising from the sale of my Estate to him and his heirs forever. Item I give to my son James Mallory one ninth part of the money from the sale of my Estate to him and his Heirs forever. Lastly, I do appoint my son Thomas Mallory and Benjamin Dawson Executors to this my Will and Testament hereby revoking all other wills by me made. In Testament whereof I have hereunto set my hand and seal this first Day of November in the year of our Lord, one thousand eight hundred and eight.

Philip Mallory (Signed by mark)

Signed and sealed in our presence

Joseph G. Dawson Jr. (?)

John R. Short (?)

George Morehead

Nathaniel Grigsby

Asa Massie

A codicil to the above Will and Testament

I Philip (Mallory), through the goodness of the Lord, do still retain my intellecrtual (powers) of mind and memory, do constitute, make and ordain this writing as a codicil to my last will and Testament made, signed and sealed on the first day of Nov. [. . .] eight and do desire good faith and [. . .] might be given to the same as though the contents thereof had been set forth in the body of my above said last will and Testament. Item I give to the heirs of my deceased grand daughter Susanna H. Hill, deceased, one Dollar. Item I give unto my grand daughter Elisabeth Cobb one Dollar to be paid unto each of them out of my Estate by my Executors before they shall make the division of my estate amongst my children and grandchildren. and I do hereby revoke and annul that part of my will, which goes to give to the heirs of said Susanna H. Hill and Elisabeth Cobb an equal portion of one ninth part of my Estate with David Cobb and Philip Mallory Cobb and I do advise and direct my executors above named to equally divide the one ninth of my estate which was devised unto the said Susanna H. Hill and Elizabeth Cobb to be equally divided between my two grandsons, David Cobb and Philip Mallory Cobb to them and their heirs forever. In testimony whereof I have set my hand and seal this tenth day of April, one thousand and eight hundred and eleven. (The words "Mallory" between the first and second lines and the word "power" between the second and third line interlined before signed.) Signed and sealed in presence of:

Philip Mallory (X) Seal

Asa Massie

George Morehead

Nathaniel Grigsby

At a court held for Fauquier County on the 28th day of October 1811, this last will and Testament of Philip Mallory Sen. dec'd was in open Court proved by George Morehead together with the Codicil thereto annexed was also proved by the oath of Asa Massie and George Morehead Subscribing Witnesses thereto and ordered to be recorded. And on the motion of Thomas Mallory and Benjamin Dawson, the Executors therein named who made oath thereto and together with George Morehead, Benjamin Farrow, Asa Massey, William P. Richards, William Eustace, James Mallory and Thomas Humston their securities entered into and acknowledged Bond in the penalty of Four thousand pounds conditioned as the Law directs, certificate is granted them for obtaining probate thereof in due form.

Teste ? ? Campbell, CCHe posted bond for the marriage of John Leach and Mary Hall, October 1796 in Faquier County, Virginia. His son James Mallory was a witness on the bond. In 1792, Burr Harrison sued him in detinue. He wanted depositions of Thomas Marshall Sr., and wife Mary, Ann Southard, and Mark Hardin, all of Kentucky. (M 10-110, & 113)

His will: In the name of God, Amen. I, Philip Mallory Sr., of Fauquier County being of sound and disposing mind and memory thanks to the Lord for the same, but knowing that it is appointed for all men to die, Do make and ordain this my last Will and Testament. Item It is my will that after my decease the whole of my Estate real and personal shall be sold for ready money and the money arising therefrom to be divided as follows Item I give to my grandchildren John Mallory Southerland, Lucy Mallory, Elizabeth Peay and Jane Carpenter the children of my deceased Daughter Grissell Southerland, one ninth part of my Estate to equally divided between them, to them and their Heirs forever. Item I give to my son Philip Mallory, one ninth part of the money arising from the sale of my Estate and to his Daughters, Sarah Martin Ustace and Ann Prater after his decease. Item I give to my grandchildren Mary M. Kenny, Betsy Foly, Nancy Foly and Edward Mallory, the Children of my deceased son Clement Pines Mallory, one ninth part of the money arising from the sale of my Estate to be equally divided between them, to them and their heirs forever. Item I give to my Daughter, Elizabeth Waggoner, one ninth part of the money arising from the sale of my Estate and after her decease to her Daughters Polly Waggoner and Elisabeth Waggoner. Item I give to my grandchildren, David Cobb, Philip Mallory Cobb, Susanna H. Hill and Elisabeth Cobb, the children of deceased Daughter Jane Cobb one ninth part of the money arising from the sale of my Estate, but on this express condition, that they pay to my Executors the sum due from their deceased father to me. Item I give to my son Roger Mallory one ninth part of the money arising from the sale of my Estate to him and his heirs forever. Item I give to my son, Thomas Mallory, one ninth part of the money arising from the sale of my Estate to him and his heirs forever. Item I give to my son William Mallory one ninth part of the money arising from the sale of my Estate to him and his heirs forever. Item I give to my son James Mallory one ninth part of the money from the sale of my Estate to him and his Heirs forever. Lastly, I do appoint my son Thomas Mallory and Benjamin Dawson Executors to this my Will and Testament hereby revoking all other wills by me made. In Testament whereof I have hereunto set my hand and seal this first Day of November in the year of our Lord, one thousand eight hundred and eight.

Philip Mallory (Signed by mark)

Signed and sealed in our presence

Joseph G. Dawson Jr. (?)

John R. Short (?)

George Morehead

Nathaniel Grigsby

Asa Massie

A codicil to the above Will and Testament

I Philip (Mallory), through the goodness of the Lord, do still retain my intellecrtual (powers) of mind and memory, do constitute, make and ordain this writing as a codicil to my last will and Testament made, signed and sealed on the first day of Nov. [. . .] eight and do desire good faith and [. . .] might be given to the same as though the contents thereof had been set forth in the body of my above said last will and Testament. Item I give to the heirs of my deceased grand daughter Susanna H. Hill, deceased, one Dollar. Item I give unto my grand daughter Elisabeth Cobb one Dollar to be paid unto each of them out of my Estate by my Executors before they shall make the division of my estate amongst my children and grandchildren. and I do hereby revoke and annul that part of my will, which goes to give to the heirs of said Susanna H. Hill and Elisabeth Cobb an equal portion of one ninth part of my Estate with David Cobb and Philip Mallory Cobb and I do advise and direct my executors above named to equally divide the one ninth of my estate which was devised unto the said Susanna H. Hill and Elizabeth Cobb to be equally divided between my two grandsons, David Cobb and Philip Mallory Cobb to them and their heirs forever. In testimony whereof I have set my hand and seal this tenth day of April, one thousand and eight hundred and eleven. (The words "Mallory" between the first and second lines and the word "power" between the second and third line interlined before signed.) Signed and sealed in presence of:

Philip Mallory (X) Seal

Asa Massie

George Morehead

Nathaniel Grigsby

At a court held for Fauquier County on the 28th day of October 1811, this last will and Testament of Philip Mallory Sen. dec'd was in open Court proved by George Morehead together with the Codicil thereto annexed was also proved by the oath of Asa Massie and George Morehead Subscribing Witnesses thereto and ordered to be recorded. And on the motion of Thomas Mallory and Benjamin Dawson, the Executors therein named who made oath thereto and together with George Morehead, Benjamin Farrow, Asa Massey, William P. Richards, William Eustace, James Mallory and Thomas Humston their securities entered into and acknowledged Bond in the penalty of Four thousand pounds conditioned as the Law directs, certificate is granted them for obtaining probate thereof in due form.

Teste ? ? Campbell, CC

Sources

• Gary D. Violette, Outline Descendant Report for Roger Mallory, accessed Nov. 23, 2016.
• Reference: MyHeritage Family Trees - SmartCopy: Nov 23 2016, 19:44:09 UTC

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• Reference: Ancestry Genealogy - SmartCopy: Nov 10 2022, 18:39:11 UTC