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Thomas Garnett

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Thomas Garnett

Birth
Gloucester County, Virginia, USA
Death
1748 (aged 72–73)
Essex County, Virginia, USA
Burial
Loretto, Essex County, Virginia, USA Add to Map
Memorial ID
View Source
Thomas Garnett was the son of John Garnett.

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On November 7, 2012, a Find-A-Grave contributor sent the following information/suggestion on Thomas Garnett, her sixth great grandfather:

The following is from Doug Garnett:

"THOMAS GARNETT [son of John GARNETT II] was probably born in 1675 at Kingston Parish, Gloucester County, Virginia. He must have died before December 20, 1748 in St. Anne, Essex County, Virginia.

We know the name of Thomas GARNETT's father from a deed dated June 8, 1709 recorded in the Essex County Deed Book [Number 13, page 225]. The grantor of the deed, Thomas GARNETT of St. Anne's Parish, Essex, a planter, is described as "one of the sons and devisees of John GARNETT II late of the Parish of Kingston in the County of Gloucester". In consideration of 3,500 pounds of tobacco, Thomas Garnett conveys unto John Foster 50 acres of land on the south side of the Rappahannock River, being part of a tract of 600 acres purchased by John Garnett II, deceased.

The deed conveys fifty acres of land which was part of a 600 acre tract purchased by the "above said John Garnett II, deceased, from John Baker"...being a corner tree to a tract of land of six hundred acres purchased by Jno [John] Garnett II father of said Thomas Garnett from John Baker".

The 50-acre parcel of land deeded to John Foster extended "to a branch issuing out of Gilson's Swamp thence along a line of marked trees to a path that leads from Foster's old plantation to Moseley's Quarter, so across said path to a marked red oak standing at the head of a branch".

Thomas Garnett's rights to sell this parcel of land to John Foster is explained through the following description of how the land evolved to Thomas from his father John Garnett II.

"One hundred and fifty acres of land part of the aforesaid six hundred acres the said John Garnett II did by his last will and testament bearing date of the twelfth day of November one thousand seven hundred and three [November 12, 1703] give to his son Anthony Garnett, he the said Anthony dying before he came to the age of twenty and one years, the fifty acres of land here conveyed doth now of right belong to the above Thomas Garnett relation being had to the aforesaid last will and testament may more fully and at large appear".

Apparently, the acquisition of the Rappahannock land was the cause of Thomas Garnett's relocation from Gloucester to Essex County.

Thomas GARNETT married Elizabeth MUSCOE, the daughter of Salvator MUSCOE Sr., an Italian stone cutter. Salvator Muscoe had moved to London, England after the great fire of 1666 had destroyed much of the city. His skill as a stone cutter was employed in the rebuilding of the city and he worked under the direction of Sir Christopher Wren in the construction of St. Paul's Cathedral. Salvator Muscoe Sr. emigrated from London to Virginia in about 1685 and was a neighbour to one of the GARNETT families then living in the colony.

There has been a considerable amount of confusion regarding Elizabeth MUSCOE, wife of Thomas GARNETT. Many family historians have erroneously confused this Elizabeth MUSCOE with her niece and namesake [the Elizabeth MUSCOE who was the daughter of Elizabeth MUSCOE's brother Salvatore MUSCOE Junior] since both women married husbands named GARNETT and also had father's named Salvatore MUSCOE.

To underline this confusion, here are the various listings contained in the IGI for the marriage of Elizabeth MUSCOE to Thomas GARNETT:

1. Elizabeth MUSCOE m. Thomas GARNETT in 1704 at Essex County, VA
2. Elizabeth MUSCOE m. Thomas GARNETT in about 1712 at St. Anne's Parish, Essex County, VA
3. Elizabeth MUSCOE m. Thomas GARNETT in about 1717 at Orange County, VA
4. Elizabeth MUSCOE m. Thomas GARNETT in about 1720 at Stafford County, VA
5. Elizabeth MUSCOE m. Thomas GARNETT in about 1721 at Essex County, VA

It is plainly clear that all of these marriage listings contained in the IGI cannot possibly be accurate or based on factual documentation. In actuality, none of the IGI listings relating to this marriage of Thomas GARNETT to Elizabeth MUSCOE are based on original marriage records or parish registers.

Instead, the source of this IGI information is from pedigrees submitted...from individuals researching their family's tree....

Another confusing factor is the death date of the other Elizabeth MUSCOE [the niece] who married Captain James GARNETT in 1834 [as his second wife]. The second Elizabeth MUSCOE died on August 23, 1736---just five days after the birth of their son Muscoe GARNETT [b. August 17, 1736]. Finding that Elizabeth Muscoe Garnett died in 1736 has apparently cause some family historians to "adjust" the birth and marriage date of the other Elizabeth MUSCOE who married Thomas GARNETT in order to comply with age at death of the younger Elizabeth MUSCOE who married Captain James GARNETT.

We now know that the first Elizabeth MUSCOE was born in 1680 in England and that she was the daughter of Salvatore MUSCOE Senior. She may have been Thomas GARNETT's second wife, and it is almost certain that she must have married Thomas GARNETT at some point between 1700 [when she was 20 years old] and 1705 [when she was about 25].

By 1709, Elizabeth GARNETT, wife of Thomas Garnett, relinquished her dower right to land inherited by her husband Thomas from his father John GARNETT II. The transaction was dated June 8, 1709. Consideraton of 3,500 pounds of good sound merchantable tobacco. Thomas Garnett, the grantor, also made bond in the sum of 7,000 pounds of good sound merchantable tobacco, that he would observe the covenants of his said deed. He again recited in the bond that he was "one of the sons and devisees of John Garnett II late of the Parish of Kingston in the County of Gloucester within the Colony aforesaid."

From Thomas GARNETT's will we know that he and his wife Elizabeth had at least eight children who are specifically named in the will as: John, Anne, Sarah, James, Joyce, Mary, Avey and Thomas GARNETT.

Elizabeth, wife of Thomas GARNETT, must have died some time before June 20, 1750---the date when her son John GARNETT was appointed Administrator of his father's Estate.

Elizabeth probably was the mother of most of the children of Thomas GARNETT, perhaps all of them. But there has been some speculation that she might not have been the mother of the eldest of Thomas GARNETT's sons, Anthony GARNETT...or she may have been his step-mother.

Some researchers have placed the birth date of Anthony GARNETT as early as 1700 while others believe he was born in either 1705 or 1709. It is still something of a mystery why Anthony GARNETT is not mentioned by name in his father's will. Furthermore, this son Anthony GARNETT was apparently not given any inheritance under the terms of the will, nor was he appointed as the executor or administrator of his father's estate.

The will of Thomas GARNETT, dated October 20, 1743, and recorded for probate in the 1748 Will Book for the county of Essex [Book #7, page 60]
Will of Thomas GARNETT:

In the Name of Gode, Amen. I, Thomas Garnett, of the Parish of St. Anne, in the County of Essex, being sick and weak, but of a disposing memory, do make this, my last Will and Testament, breaking and dissolving of any Will and Testament heretofore by me made, and this and no other, to be taken for my Last Will of Testament----in manner or forme following Viz.
Imp: It is my will and desire, having several small children, that my loving wife, Elizabeth, have the use of all my Estate, be it of what nature or kind soever, for and during her natural life, provided she remains so long my wife, for and towards her support and my (8) eight children: John, Anne, Sarah, James, Joyce, Mary and Avey Garnett and Thomas Garnett, but in case she should marry, then it is my will and desire that all my Estate be equally divided between my loving wife and my children above named, and it is further my will and desire that if my loving wife, Elizabeth, shall remain my widow during her natural life, that then, all my Estate is to be hers and the increase or decrease, at the time of her death, be equally divided between my above children: John, Anne, Sarah, James, Joyce, Mary, Avie and Thomas Garnett. And, it is my desire that my Estate be not appraised and I do appoint my loving wife, Elizabeth, Executrix of this, my Last Will and Testament in Testimony whereof I have set my hand of Seal this 20th day of October, 1743 Sealed and Delivered.

Thos. Garnett [Seal]

Witnesses:
Salvator Muscoe
Jas. Smith
William Lenthen

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Probate Record:

At a Court held for Essex County at Tappahannock, on the 20th day of December, Anno Domini 1748, this Last Will of Testament of Thomas Garnett, deceased, was proved by the oath of James Garnett, gen. [genitive], who also made oath that he did see Salvator Muscoe, genitival described the same as a witness thereto and being also sworn to by Elizabeth Garnett, the executrix there in named, was admitted to record.

Justice A. Beverley
(clerk)


This is evidentially the will of a man with two sets of children according to George Harrison Sanford King who studied these original documents. King concludes:

"Now I do not know if Thomas Garnett's will was not inclusive, that is, as to his land, but you will see that he does not directly devise or mention his land. Thomas Garnett fails to direct the disposition of his land it is most probably true that same was not in his power, as there was an entail upon it having come to him by the will of his father John Garnett II of 1703. We do not have the provision of this John Garnett II's will, but it is very likely (observing the manner in which the land of his son Anthony Garnett was divided up) that the lands (600 acres) were entailed upon heirs made by John Garnett II's will of 1703. Be that as it may, the fact is evident that Thomas Garnett did not devise it---he left all his estate to the use of his wife Elizabeth in order that she might raise his second family, but upon her death he did NOT say that said land passed to them. There is little doubt in my mind that if he had been so privileged he would have thus provided for his second family."

**This concludes the information provided by Doug Garnett**
_______________

"Virginia County Court Records -- Culpeper Co. VA Land Tax Books 1782-1786" by Sparacio lists Thomas Garnett on the tax list for Culpeper Co. for 1782. He owns 218 acres, which is valued at L130 & 16/0 and he is assessed a tax of 1 & 0/9. In Sparacio's book of the Culpeper Land Taxes for 1787-89, Thomas again owns 218 acres, this time valued at 125 & 7/10, and he is assessed a tax of 1 & 17/7. The taxes are then identical for 1788 and 1789.

"The Genealogy and Story of the Family of Robert Kirtley Garnett" (1955) by Harriet E. Hobble and Charles H. Garnett contains the following:

"Thomas Garnett, son of [John Garnett II], born in Kingston Parish, Gloucester County cir. 1680. Married Elizabeth (?). Died St. Anne's Parish, Essex County 1743.
In a deed of June 8, 1709 recorded in Essex County Deed Book No. 13, pp. 225, the grantor, Thomas Garnett of St. Anne's Parish, Essex, planter, is described as 'one of the sons and devisees of John Garnett II late of the Parish of Kingston in the County of Gloucester'. In consideration of 3,500 pounds of tobacco Thomas Garnett conveys unto John Foster 50 acres of land on the south side of the Rappahanock River, being part of a tract of 600 acres purchased by John Garnett II, deceased. It would seem that the purchase of this land was what led Thomas to move from Gloucester to Essex County.
His will dated October 20, 1733 and recorded in Essex County 1743 (Will Book 7, pp. 60) recites the following: 'Having several small children it is my will that my wife, Elizabeth, have the use of my estate during her natural life for support of my said children.' Since Anthony was not mentioned it is presumed he was already of age. Could be son of an earlier marriage. Thomas was rather old at the time of his will (1733) to be the father of young children.
Thomas Garnett was the son of John Garnett.

+++

On November 7, 2012, a Find-A-Grave contributor sent the following information/suggestion on Thomas Garnett, her sixth great grandfather:

The following is from Doug Garnett:

"THOMAS GARNETT [son of John GARNETT II] was probably born in 1675 at Kingston Parish, Gloucester County, Virginia. He must have died before December 20, 1748 in St. Anne, Essex County, Virginia.

We know the name of Thomas GARNETT's father from a deed dated June 8, 1709 recorded in the Essex County Deed Book [Number 13, page 225]. The grantor of the deed, Thomas GARNETT of St. Anne's Parish, Essex, a planter, is described as "one of the sons and devisees of John GARNETT II late of the Parish of Kingston in the County of Gloucester". In consideration of 3,500 pounds of tobacco, Thomas Garnett conveys unto John Foster 50 acres of land on the south side of the Rappahannock River, being part of a tract of 600 acres purchased by John Garnett II, deceased.

The deed conveys fifty acres of land which was part of a 600 acre tract purchased by the "above said John Garnett II, deceased, from John Baker"...being a corner tree to a tract of land of six hundred acres purchased by Jno [John] Garnett II father of said Thomas Garnett from John Baker".

The 50-acre parcel of land deeded to John Foster extended "to a branch issuing out of Gilson's Swamp thence along a line of marked trees to a path that leads from Foster's old plantation to Moseley's Quarter, so across said path to a marked red oak standing at the head of a branch".

Thomas Garnett's rights to sell this parcel of land to John Foster is explained through the following description of how the land evolved to Thomas from his father John Garnett II.

"One hundred and fifty acres of land part of the aforesaid six hundred acres the said John Garnett II did by his last will and testament bearing date of the twelfth day of November one thousand seven hundred and three [November 12, 1703] give to his son Anthony Garnett, he the said Anthony dying before he came to the age of twenty and one years, the fifty acres of land here conveyed doth now of right belong to the above Thomas Garnett relation being had to the aforesaid last will and testament may more fully and at large appear".

Apparently, the acquisition of the Rappahannock land was the cause of Thomas Garnett's relocation from Gloucester to Essex County.

Thomas GARNETT married Elizabeth MUSCOE, the daughter of Salvator MUSCOE Sr., an Italian stone cutter. Salvator Muscoe had moved to London, England after the great fire of 1666 had destroyed much of the city. His skill as a stone cutter was employed in the rebuilding of the city and he worked under the direction of Sir Christopher Wren in the construction of St. Paul's Cathedral. Salvator Muscoe Sr. emigrated from London to Virginia in about 1685 and was a neighbour to one of the GARNETT families then living in the colony.

There has been a considerable amount of confusion regarding Elizabeth MUSCOE, wife of Thomas GARNETT. Many family historians have erroneously confused this Elizabeth MUSCOE with her niece and namesake [the Elizabeth MUSCOE who was the daughter of Elizabeth MUSCOE's brother Salvatore MUSCOE Junior] since both women married husbands named GARNETT and also had father's named Salvatore MUSCOE.

To underline this confusion, here are the various listings contained in the IGI for the marriage of Elizabeth MUSCOE to Thomas GARNETT:

1. Elizabeth MUSCOE m. Thomas GARNETT in 1704 at Essex County, VA
2. Elizabeth MUSCOE m. Thomas GARNETT in about 1712 at St. Anne's Parish, Essex County, VA
3. Elizabeth MUSCOE m. Thomas GARNETT in about 1717 at Orange County, VA
4. Elizabeth MUSCOE m. Thomas GARNETT in about 1720 at Stafford County, VA
5. Elizabeth MUSCOE m. Thomas GARNETT in about 1721 at Essex County, VA

It is plainly clear that all of these marriage listings contained in the IGI cannot possibly be accurate or based on factual documentation. In actuality, none of the IGI listings relating to this marriage of Thomas GARNETT to Elizabeth MUSCOE are based on original marriage records or parish registers.

Instead, the source of this IGI information is from pedigrees submitted...from individuals researching their family's tree....

Another confusing factor is the death date of the other Elizabeth MUSCOE [the niece] who married Captain James GARNETT in 1834 [as his second wife]. The second Elizabeth MUSCOE died on August 23, 1736---just five days after the birth of their son Muscoe GARNETT [b. August 17, 1736]. Finding that Elizabeth Muscoe Garnett died in 1736 has apparently cause some family historians to "adjust" the birth and marriage date of the other Elizabeth MUSCOE who married Thomas GARNETT in order to comply with age at death of the younger Elizabeth MUSCOE who married Captain James GARNETT.

We now know that the first Elizabeth MUSCOE was born in 1680 in England and that she was the daughter of Salvatore MUSCOE Senior. She may have been Thomas GARNETT's second wife, and it is almost certain that she must have married Thomas GARNETT at some point between 1700 [when she was 20 years old] and 1705 [when she was about 25].

By 1709, Elizabeth GARNETT, wife of Thomas Garnett, relinquished her dower right to land inherited by her husband Thomas from his father John GARNETT II. The transaction was dated June 8, 1709. Consideraton of 3,500 pounds of good sound merchantable tobacco. Thomas Garnett, the grantor, also made bond in the sum of 7,000 pounds of good sound merchantable tobacco, that he would observe the covenants of his said deed. He again recited in the bond that he was "one of the sons and devisees of John Garnett II late of the Parish of Kingston in the County of Gloucester within the Colony aforesaid."

From Thomas GARNETT's will we know that he and his wife Elizabeth had at least eight children who are specifically named in the will as: John, Anne, Sarah, James, Joyce, Mary, Avey and Thomas GARNETT.

Elizabeth, wife of Thomas GARNETT, must have died some time before June 20, 1750---the date when her son John GARNETT was appointed Administrator of his father's Estate.

Elizabeth probably was the mother of most of the children of Thomas GARNETT, perhaps all of them. But there has been some speculation that she might not have been the mother of the eldest of Thomas GARNETT's sons, Anthony GARNETT...or she may have been his step-mother.

Some researchers have placed the birth date of Anthony GARNETT as early as 1700 while others believe he was born in either 1705 or 1709. It is still something of a mystery why Anthony GARNETT is not mentioned by name in his father's will. Furthermore, this son Anthony GARNETT was apparently not given any inheritance under the terms of the will, nor was he appointed as the executor or administrator of his father's estate.

The will of Thomas GARNETT, dated October 20, 1743, and recorded for probate in the 1748 Will Book for the county of Essex [Book #7, page 60]
Will of Thomas GARNETT:

In the Name of Gode, Amen. I, Thomas Garnett, of the Parish of St. Anne, in the County of Essex, being sick and weak, but of a disposing memory, do make this, my last Will and Testament, breaking and dissolving of any Will and Testament heretofore by me made, and this and no other, to be taken for my Last Will of Testament----in manner or forme following Viz.
Imp: It is my will and desire, having several small children, that my loving wife, Elizabeth, have the use of all my Estate, be it of what nature or kind soever, for and during her natural life, provided she remains so long my wife, for and towards her support and my (8) eight children: John, Anne, Sarah, James, Joyce, Mary and Avey Garnett and Thomas Garnett, but in case she should marry, then it is my will and desire that all my Estate be equally divided between my loving wife and my children above named, and it is further my will and desire that if my loving wife, Elizabeth, shall remain my widow during her natural life, that then, all my Estate is to be hers and the increase or decrease, at the time of her death, be equally divided between my above children: John, Anne, Sarah, James, Joyce, Mary, Avie and Thomas Garnett. And, it is my desire that my Estate be not appraised and I do appoint my loving wife, Elizabeth, Executrix of this, my Last Will and Testament in Testimony whereof I have set my hand of Seal this 20th day of October, 1743 Sealed and Delivered.

Thos. Garnett [Seal]

Witnesses:
Salvator Muscoe
Jas. Smith
William Lenthen

--------------

Probate Record:

At a Court held for Essex County at Tappahannock, on the 20th day of December, Anno Domini 1748, this Last Will of Testament of Thomas Garnett, deceased, was proved by the oath of James Garnett, gen. [genitive], who also made oath that he did see Salvator Muscoe, genitival described the same as a witness thereto and being also sworn to by Elizabeth Garnett, the executrix there in named, was admitted to record.

Justice A. Beverley
(clerk)


This is evidentially the will of a man with two sets of children according to George Harrison Sanford King who studied these original documents. King concludes:

"Now I do not know if Thomas Garnett's will was not inclusive, that is, as to his land, but you will see that he does not directly devise or mention his land. Thomas Garnett fails to direct the disposition of his land it is most probably true that same was not in his power, as there was an entail upon it having come to him by the will of his father John Garnett II of 1703. We do not have the provision of this John Garnett II's will, but it is very likely (observing the manner in which the land of his son Anthony Garnett was divided up) that the lands (600 acres) were entailed upon heirs made by John Garnett II's will of 1703. Be that as it may, the fact is evident that Thomas Garnett did not devise it---he left all his estate to the use of his wife Elizabeth in order that she might raise his second family, but upon her death he did NOT say that said land passed to them. There is little doubt in my mind that if he had been so privileged he would have thus provided for his second family."

**This concludes the information provided by Doug Garnett**
_______________

"Virginia County Court Records -- Culpeper Co. VA Land Tax Books 1782-1786" by Sparacio lists Thomas Garnett on the tax list for Culpeper Co. for 1782. He owns 218 acres, which is valued at L130 & 16/0 and he is assessed a tax of 1 & 0/9. In Sparacio's book of the Culpeper Land Taxes for 1787-89, Thomas again owns 218 acres, this time valued at 125 & 7/10, and he is assessed a tax of 1 & 17/7. The taxes are then identical for 1788 and 1789.

"The Genealogy and Story of the Family of Robert Kirtley Garnett" (1955) by Harriet E. Hobble and Charles H. Garnett contains the following:

"Thomas Garnett, son of [John Garnett II], born in Kingston Parish, Gloucester County cir. 1680. Married Elizabeth (?). Died St. Anne's Parish, Essex County 1743.
In a deed of June 8, 1709 recorded in Essex County Deed Book No. 13, pp. 225, the grantor, Thomas Garnett of St. Anne's Parish, Essex, planter, is described as 'one of the sons and devisees of John Garnett II late of the Parish of Kingston in the County of Gloucester'. In consideration of 3,500 pounds of tobacco Thomas Garnett conveys unto John Foster 50 acres of land on the south side of the Rappahanock River, being part of a tract of 600 acres purchased by John Garnett II, deceased. It would seem that the purchase of this land was what led Thomas to move from Gloucester to Essex County.
His will dated October 20, 1733 and recorded in Essex County 1743 (Will Book 7, pp. 60) recites the following: 'Having several small children it is my will that my wife, Elizabeth, have the use of my estate during her natural life for support of my said children.' Since Anthony was not mentioned it is presumed he was already of age. Could be son of an earlier marriage. Thomas was rather old at the time of his will (1733) to be the father of young children.

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