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Benjamin Kimsey Kimzey

Birth
England
Death
1806 (aged 73–74)
Buncombe County, North Carolina, USA
Burial
Asheville, Buncombe County, North Carolina, USA Add to Map
Memorial ID
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Benjamin Kimsey/Kimzey was born between 1725 and 1733 in England. WE DO NOT know who his parents are for sure.
We also do not know for sure who he married. A Couple of old letters say he married Margaret Gragg. But we do not have a record to prove this. His wife did not sign any land records that we have found so far.
He could possibly be from the Quaker New Jersey Kimsey's but I have been able to trace the Benjamin's from that family and they do not go to Virginia. It is possible I have missed a Benjamin and William.
He appears to be too old to show up in records in North Carolina and if living after 1800 was living with grandchildren.
Benjamin Kimsey shows up first in the Court Order records May 16, 1753 where they are in Augusta Co, Va being indebted to David Stewart. Did he just turn 21. He married about 1754 as first child born about 1755. With him showing up in the 1753 records we know he is at least 21 at that time. That would mean being born 1732 or earlier. His brother William asked for a survey of some land in 1752 so we know he is at least 21 in that record or born 1731 or earlier. We also know they immigrated before this date.

I am looking for a passenger list that has William, Benjamin, possibly Benjamin II and James on it. These last three signed the Oath of Allegiance, Ben Jr and James in 1778 with their father refusing. (Allegiance to England?) Ben Sr did sign it the next Year.

As to who Benjamin and Williams parents are, at this time we have no records to prove parentage.
In 1778 when Benjamin is in Henry Co Va, his brother William has died in Hampshire Co Va(Now West Virginia). William and his wife Elizabeth Cunningham did not have children, so they leave half the land to "Benjamin, son of my brother Benjamin" and the other half to a relative of his wife, Elizabeth Cunningham.
Benjamin sr and his wife are in Henry Co, Va(now Patrick Co)for the 1778 refusal to take "Oath of Allegiance" (Benj jr and James are old enough to take the Oath and do) and 1779 where he takes the "Oath of Allegiance". This may prove that he was loyal to England at first and came from there and changed his mind the following year. Benjamin, and his son Benjamin, continue to show up in the records of Henry Co Va until the county lines change in 1791 and where they live becomes Patrick co Va. Benjamin I and II show up in the 1790 census of Henry Co, Va and the Buncombe Co, NC census for 1800. Benjamin and his wife went to Buncombe Co, NC about 1797. They are not in the 1810 census but they could be living with one of their children or grandchildren. In the 1789 tax records of Henry Co Va Benjamin Kimsey Sr is excused from property tax for ever, this is generally because of old age. He does pay one white tithe in 1790 but nothing after that. If he was born in 1725, he would be in his 80's aft 1805.
I think it is more probable that he was born about 10 years later. In the Virginia records we see the name as Kimsey/Kinsey up until about 1790 when the Kimzey was substituded for the s. Most of these people could not read and write at this time and it was up to the court reporter to spell the name. There was also a McKinzie family in Patrick Co that was from Ireland so you have to look at these records with that in mind.
Children of Benjamin I are:
1. Benjamin born c. 1755 d. 1808 m. Agnes Lane
2. James b.c. 1758 d. 1799 married Mary Crowley
3. Hannah b. 1759 d.31 May 1834 m. William Posey
4. David b. 1761 d. 1828 m. Elizabeth Unknown
5. Mary b. 1765 d. aft 1810 m. Francis Posey (she probably remarried after Francis died)
6. Thomas b. 1770 d. aft 1860 m. Anna Nancy McClure

Fanny Osborn and Edith Moffitt both list a William and Franklin. We have found a Franklin who died without issue. We have found a brother William and a Grandson William.

Records
15. 8 Feb 1769--Augusta Co, Va, page 13--William Thompson 130acres Walkers Creek, next to James Mitchel, Elizabeth Bell, Kimsey
HENRY COUNTY WAS FORMED IN 1776

18. 1778--Henry Co, Va, James Kimsey tood the Oath of Alliegence to the Colonies, Benjamin Kimrey, Sen hath refused. The oath was for foreign born
males over 16.
19. January 1779--Henry Co, Va, Benjamin Kimsey, Sen took the Oath of Alliegence

20. 1779 Henry County Tax List--Benjamin Kinzey, junior 1 10 6 (over 21)

21. 1780 Henry County Tax List--Benjamin Kinzey (senior or junior not listed)(Prob sr)

22. 29 Apr 1779--Henry County Estray Book--Benjamin Kinsey junior, near head of Smith River (had to report stray animals)

25. 25 Jan 1780--Henry County Deeds--page 64--Isaac McDonald to Jonathan Ison 5 acres beginning at corner of Benjam Kinzey to line of George Mabry

27. 26 May 1780--Henry County Deeds, page 65--Isaac McDonald to Benjamin Kinzey junior north Fork Rock Castle Creek 144 acres joins George Mabrey on dividing ridge between the south and north fork to Jonathan Ison's corner. Mary McDonals released her dower.

28. 13 Dec 1780-- Henry Co Estry Book, Francis Posey (son in law to Benjamin I) --Estray Book--near head of Smith River

29. 1782--Book 3, page 34--Benjamin Kinsey has leave to build a water grist mill on Rock Castle he bing owner on both sides of the road
(this is Benjamin Kinsey Junior)
30. 1784 Henry Co Tax List-- Capt Lackey's District ( I did not find this when I was there and I do not have a copy of this)(June Bork)
David Kimsey 1 male 21+--1 horse tax 0.12.0
Benjamin Kimsey 1 male 21+--1 horse, 7 cattle tax 0.13.9
James Kimsey 1 Male 21+--5 cattle-- tax 0.11.9

31. 1785 Henry County Tax List Collector John Hand
Benjamin Kinzey 1 tith 1 white - - 4cattle
James Kinzey 1tith 1 white 5 cattle
Eliz Crawley 130 10/8 3/4 This mother in law of James Kimzey

32. 10 Sept 1787--Henry Co, book4, pg195--Benjamin Kimzey is appointed surveyor of the road on James McBrides land
33. 1787 Henry Co Tax List---4-24 James Kimzey--4 cattle and4-24 Benjamin Kimsey 1 male 21+, 4 cattle, 6-11 Benjamin Kimzey sr
34. 1788 Henry Co Tax List 5-21 Benjamin Kimsey Sr 1tithe, 5-21 James Kimsey 1tithe, 2 horses, 5-21 Benjamin Kimsey Jr 1tithe
2 horses
35. 1789 Henry Co Tax List Tax list A by Edward Tatum Benjamin Kimsey jr 1 tithe; James Kimsey 1 tithe, 2 horses

36. 31 Aug 1789--Henry Co Deed, page 23,24-Benjamin Kimzey Junior to George Mayberry junior sells 150 acres on both sides of Rock Castle Creek to rop of Ridge. Benjamin (X) Kinsey

37. 31 Aug 1789--Henry Co Deed, pg 21,22 Ezekiel Morris to Benjamin Kinsey sells land 20 acres North Fork Rock Castle Creek signed Benjamin Kinsey

38. 1789- Henry County, Benjamin Kimsey Senior is exempt from payment of county levies for the future (this usually happens when the person is of extreme old age or unable to work ) David bought land next to Benjamin Kimsey Senior in Buncombe Co 1805. This may be Benjamin Jr's son David. He is also on the Burke Co Now Buncombe Co NC 1800 Census Record along with David, Benjamin Sr and Benjamin Jr.

39.--1790 Henry Co Va tax list taken July 22 Benjamin Kimsey, Sr 1 white tithe ( on internet in Henry Co)
Patrick Co formed 1791, 6-23 James Kimsey 1 tithe, 4 horses; 6-23 Benjamin Kimsey Jr 1 tithe

40. 1791 Patrick Co Tax List by Edward Tatum 5-7 Benjamin Kimsey jr, 2 white males age 16+, 1 horse; James Kimsey 1 white male 16+,
7 horses(last record in Patrick co for James)

41. 22 July 1793 Henry County Land Grant, 874/655 Benjamin Kimsey North side Rock Castle Creek 48 acres

42. 23 /Apr 1795--Patrick Co Survey Book 1 pg 74-- Survey for 395 acres for Benjamin Kimzey Land Office Treasury Warrent of 2958 acres to John McMillon 23 Dec 1783 on Headwaters of Little Wigeon

43. 16 Aug 1797--Patrick Co Deed book 1 pg 549--David Morgan, Benjamin Kimzey, Zekiel Morris of Patrick 190 acres to William Thurman on the North fork of Rock Castle Creek

44. 30 July 1799-- Patrick Co Deed Book 2, page 111, Benjamin Kimzey junior to George Booth junior 48 acres on North side of Rock Castle Creek

Patrick Co Order Book Jun 1791 to Aug 1800
45. Aug 1792--pg 9, Mabry vs Kimzey
46. pg 10, Com vs Kinsey dismissed Aug 1792
47. 10 Dec 1792-pg16-Mabry jr vs Kimzey award returned for plaintif for 33.5 gal good markatable brandy and costs
48. 10 Dec 1792-pg 18-to James Denny for Benjamin Kimzey, one old wolf's head 100

Now three great grandchildren say he is born in England and two of them list Franklin and William as children. But they do forget about James and David who have moved West. They also forget about Benjamin Jr's children as they move to Tennessee and then some on to Missouri.
I personally think that William is Benjamin Sr's Brother William or The only child of Benjamin Jr to stay in the North Carolina, Georgia area was William who married Rebecca Williamson. And we have seen some evidence that there was a Franklin who never married or had issue.

His brother William 141311262

I have another thought James, Benjamin Jr and Benjamin Sr all sign the oath of allegiance, are they all born in England and the rest of the children in America? Or are David and Thomas too young.

Benjamin Kimsey/Kimzey was born between 1725 and 1733 in England. WE DO NOT know who his parents are for sure.
We also do not know for sure who he married. A Couple of old letters say he married Margaret Gragg. But we do not have a record to prove this. His wife did not sign any land records that we have found so far.
He could possibly be from the Quaker New Jersey Kimsey's but I have been able to trace the Benjamin's from that family and they do not go to Virginia. It is possible I have missed a Benjamin and William.
He appears to be too old to show up in records in North Carolina and if living after 1800 was living with grandchildren.
Benjamin Kimsey shows up first in the Court Order records May 16, 1753 where they are in Augusta Co, Va being indebted to David Stewart. Did he just turn 21. He married about 1754 as first child born about 1755. With him showing up in the 1753 records we know he is at least 21 at that time. That would mean being born 1732 or earlier. His brother William asked for a survey of some land in 1752 so we know he is at least 21 in that record or born 1731 or earlier. We also know they immigrated before this date.

I am looking for a passenger list that has William, Benjamin, possibly Benjamin II and James on it. These last three signed the Oath of Allegiance, Ben Jr and James in 1778 with their father refusing. (Allegiance to England?) Ben Sr did sign it the next Year.

As to who Benjamin and Williams parents are, at this time we have no records to prove parentage.
In 1778 when Benjamin is in Henry Co Va, his brother William has died in Hampshire Co Va(Now West Virginia). William and his wife Elizabeth Cunningham did not have children, so they leave half the land to "Benjamin, son of my brother Benjamin" and the other half to a relative of his wife, Elizabeth Cunningham.
Benjamin sr and his wife are in Henry Co, Va(now Patrick Co)for the 1778 refusal to take "Oath of Allegiance" (Benj jr and James are old enough to take the Oath and do) and 1779 where he takes the "Oath of Allegiance". This may prove that he was loyal to England at first and came from there and changed his mind the following year. Benjamin, and his son Benjamin, continue to show up in the records of Henry Co Va until the county lines change in 1791 and where they live becomes Patrick co Va. Benjamin I and II show up in the 1790 census of Henry Co, Va and the Buncombe Co, NC census for 1800. Benjamin and his wife went to Buncombe Co, NC about 1797. They are not in the 1810 census but they could be living with one of their children or grandchildren. In the 1789 tax records of Henry Co Va Benjamin Kimsey Sr is excused from property tax for ever, this is generally because of old age. He does pay one white tithe in 1790 but nothing after that. If he was born in 1725, he would be in his 80's aft 1805.
I think it is more probable that he was born about 10 years later. In the Virginia records we see the name as Kimsey/Kinsey up until about 1790 when the Kimzey was substituded for the s. Most of these people could not read and write at this time and it was up to the court reporter to spell the name. There was also a McKinzie family in Patrick Co that was from Ireland so you have to look at these records with that in mind.
Children of Benjamin I are:
1. Benjamin born c. 1755 d. 1808 m. Agnes Lane
2. James b.c. 1758 d. 1799 married Mary Crowley
3. Hannah b. 1759 d.31 May 1834 m. William Posey
4. David b. 1761 d. 1828 m. Elizabeth Unknown
5. Mary b. 1765 d. aft 1810 m. Francis Posey (she probably remarried after Francis died)
6. Thomas b. 1770 d. aft 1860 m. Anna Nancy McClure

Fanny Osborn and Edith Moffitt both list a William and Franklin. We have found a Franklin who died without issue. We have found a brother William and a Grandson William.

Records
15. 8 Feb 1769--Augusta Co, Va, page 13--William Thompson 130acres Walkers Creek, next to James Mitchel, Elizabeth Bell, Kimsey
HENRY COUNTY WAS FORMED IN 1776

18. 1778--Henry Co, Va, James Kimsey tood the Oath of Alliegence to the Colonies, Benjamin Kimrey, Sen hath refused. The oath was for foreign born
males over 16.
19. January 1779--Henry Co, Va, Benjamin Kimsey, Sen took the Oath of Alliegence

20. 1779 Henry County Tax List--Benjamin Kinzey, junior 1 10 6 (over 21)

21. 1780 Henry County Tax List--Benjamin Kinzey (senior or junior not listed)(Prob sr)

22. 29 Apr 1779--Henry County Estray Book--Benjamin Kinsey junior, near head of Smith River (had to report stray animals)

25. 25 Jan 1780--Henry County Deeds--page 64--Isaac McDonald to Jonathan Ison 5 acres beginning at corner of Benjam Kinzey to line of George Mabry

27. 26 May 1780--Henry County Deeds, page 65--Isaac McDonald to Benjamin Kinzey junior north Fork Rock Castle Creek 144 acres joins George Mabrey on dividing ridge between the south and north fork to Jonathan Ison's corner. Mary McDonals released her dower.

28. 13 Dec 1780-- Henry Co Estry Book, Francis Posey (son in law to Benjamin I) --Estray Book--near head of Smith River

29. 1782--Book 3, page 34--Benjamin Kinsey has leave to build a water grist mill on Rock Castle he bing owner on both sides of the road
(this is Benjamin Kinsey Junior)
30. 1784 Henry Co Tax List-- Capt Lackey's District ( I did not find this when I was there and I do not have a copy of this)(June Bork)
David Kimsey 1 male 21+--1 horse tax 0.12.0
Benjamin Kimsey 1 male 21+--1 horse, 7 cattle tax 0.13.9
James Kimsey 1 Male 21+--5 cattle-- tax 0.11.9

31. 1785 Henry County Tax List Collector John Hand
Benjamin Kinzey 1 tith 1 white - - 4cattle
James Kinzey 1tith 1 white 5 cattle
Eliz Crawley 130 10/8 3/4 This mother in law of James Kimzey

32. 10 Sept 1787--Henry Co, book4, pg195--Benjamin Kimzey is appointed surveyor of the road on James McBrides land
33. 1787 Henry Co Tax List---4-24 James Kimzey--4 cattle and4-24 Benjamin Kimsey 1 male 21+, 4 cattle, 6-11 Benjamin Kimzey sr
34. 1788 Henry Co Tax List 5-21 Benjamin Kimsey Sr 1tithe, 5-21 James Kimsey 1tithe, 2 horses, 5-21 Benjamin Kimsey Jr 1tithe
2 horses
35. 1789 Henry Co Tax List Tax list A by Edward Tatum Benjamin Kimsey jr 1 tithe; James Kimsey 1 tithe, 2 horses

36. 31 Aug 1789--Henry Co Deed, page 23,24-Benjamin Kimzey Junior to George Mayberry junior sells 150 acres on both sides of Rock Castle Creek to rop of Ridge. Benjamin (X) Kinsey

37. 31 Aug 1789--Henry Co Deed, pg 21,22 Ezekiel Morris to Benjamin Kinsey sells land 20 acres North Fork Rock Castle Creek signed Benjamin Kinsey

38. 1789- Henry County, Benjamin Kimsey Senior is exempt from payment of county levies for the future (this usually happens when the person is of extreme old age or unable to work ) David bought land next to Benjamin Kimsey Senior in Buncombe Co 1805. This may be Benjamin Jr's son David. He is also on the Burke Co Now Buncombe Co NC 1800 Census Record along with David, Benjamin Sr and Benjamin Jr.

39.--1790 Henry Co Va tax list taken July 22 Benjamin Kimsey, Sr 1 white tithe ( on internet in Henry Co)
Patrick Co formed 1791, 6-23 James Kimsey 1 tithe, 4 horses; 6-23 Benjamin Kimsey Jr 1 tithe

40. 1791 Patrick Co Tax List by Edward Tatum 5-7 Benjamin Kimsey jr, 2 white males age 16+, 1 horse; James Kimsey 1 white male 16+,
7 horses(last record in Patrick co for James)

41. 22 July 1793 Henry County Land Grant, 874/655 Benjamin Kimsey North side Rock Castle Creek 48 acres

42. 23 /Apr 1795--Patrick Co Survey Book 1 pg 74-- Survey for 395 acres for Benjamin Kimzey Land Office Treasury Warrent of 2958 acres to John McMillon 23 Dec 1783 on Headwaters of Little Wigeon

43. 16 Aug 1797--Patrick Co Deed book 1 pg 549--David Morgan, Benjamin Kimzey, Zekiel Morris of Patrick 190 acres to William Thurman on the North fork of Rock Castle Creek

44. 30 July 1799-- Patrick Co Deed Book 2, page 111, Benjamin Kimzey junior to George Booth junior 48 acres on North side of Rock Castle Creek

Patrick Co Order Book Jun 1791 to Aug 1800
45. Aug 1792--pg 9, Mabry vs Kimzey
46. pg 10, Com vs Kinsey dismissed Aug 1792
47. 10 Dec 1792-pg16-Mabry jr vs Kimzey award returned for plaintif for 33.5 gal good markatable brandy and costs
48. 10 Dec 1792-pg 18-to James Denny for Benjamin Kimzey, one old wolf's head 100

Now three great grandchildren say he is born in England and two of them list Franklin and William as children. But they do forget about James and David who have moved West. They also forget about Benjamin Jr's children as they move to Tennessee and then some on to Missouri.
I personally think that William is Benjamin Sr's Brother William or The only child of Benjamin Jr to stay in the North Carolina, Georgia area was William who married Rebecca Williamson. And we have seen some evidence that there was a Franklin who never married or had issue.

His brother William 141311262

I have another thought James, Benjamin Jr and Benjamin Sr all sign the oath of allegiance, are they all born in England and the rest of the children in America? Or are David and Thomas too young.

Gravesite Details

No stones remain/ Morgan Township



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