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Nathaniel Malone

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Nathaniel Malone

Birth
Charles City, Charles City County, Virginia, USA
Death
21 Mar 1732 (aged 61–62)
Surry County, Virginia, USA
Burial
Burial Details Unknown Add to Map
Memorial ID
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Several sources have him with a middle name as "Nathaniel Burwell Malone"

FROM JAN VOGEL:

Parents:
Daniel Malone (1643–1704)
Mary Harrison (1645–1693)

Spouse:
Mary Wynne (1677–1731)

Children:
1. Phoebe Malone (1691–1752)
2. Thomas Malone (1695–1759)
3. Daniel Malone (1696–1795)
4. Thomas Nathaniel Malone (1696–1758)
5. Drury Malone (1697–1747)
6. Mary Malone (1699–1751)
7. Frances Malone (1699–____)
8. Susannah Malone (1700–1759)
9. Daniel Malone (1700–1795)
10. William Malone (1703 Bristol Parish, Prince George, Virginia - FEB 1759 Surry, Surry, Virginia, )
11. Nathaniel Malone Jr (1712–1758)
12. Amey Malone (1714–1752)
13. Thomas Malone (1719–1807)

From Carol Middleton:

Nathaniel Malone, born between 1675-81 in Charles City Co, VA. Married Mary Wynne, daughter of Thomas Wynne and Agnes Stith, about 1690. See his Malone page and also see her Wynne page.

Their children:
Phoebe Malone, Courtney Malone, Mary Malone, William Malone (b. ca 1703 VA; see his Malone page; m. Ann Booth about 1717; d. 1775-87, Dinwiddie Co, VA), Thomas Malone (m. Millicent Chappelle?; d. after 1807), Nathaniel Malone (b. ca 1712; m. Christian Linnington; d. 12/18/1758 Sussex Co, VA), Daniel Malone, Drury Malone, Frances Malone (m. Joseph Harper), Amey Malone (unmarried; left a mulatto in her father's will and the care of her younger sisters), Mary Malone (not of age in 1732), Courtney Malone. Nathaniel Malone died about 1731-2 in Surry Co, VA.

From Surry Co, VA Wills and Deeds Book 7, 1715-1730, Part 2, p 375, dated 9/15/1721: 'Nathaniel Malone of Surry Co, to George Booth, 100 acres on south side of Sappony Creek adjoining Thomas Thrower. Signed Nath. Malone, Mary (X) Malone."

Nathaniel MALONE was granted 99 acres in 1715. Owned property adjacent to Jones Hole Swamp, a gift from his father-in-law Thomas Wynne and he is mentioned in the deed. Also owned property in Sussex Co, and Surry Co, VA (part of earlier Charles City Co, VA). In 1712 he was arrested and fined £25 for dealing with the Tuscorora Indians. Seems to have recovered his good name by 1715, because on 3/23/1715, Nathaniel Malone was granted 215 acres on both sides of Sappony Creek, beginning on the west side, adjacent to Thomas Thrower's land. In 1717 Nathaniel was engaged to make peace with the Seneca. Thomas Wynne, his father-in-law was also an interpreter for Indian affairs.

In 1718 Nathaniel was contracted by the Saponies to purchase back a Saponie woman who had been taken captive by "some forreign Indians"; he was to be paid 120 buck skins. A "down-payment" of 90 skins had been paid when the woman died. the "Great Men of the Saponie" wanted their skins back and Nathaniel had to appear in court to answer their complaints; he was ordered to return the skins.

Nathaniel Malone was business partners with his neighbor George Booth. On 9/19/1721 Nathaniel deeded 100 acres of his Sappony Creek land to George Booth. Mary Wynne signed her release to the land too. Booth was granted an additional 850 acres adjacent to Nathaniel on the southwest side of Stony Creek and on the north side of the Nottaway River, and on Sappony Creek adjacent to Thomas Thrower. On 3/29/1721 a survey shows Nathaniel and George owning 300 acres together on both sides of Turkey Creek.

Another neighboring family of the Malones and the Booths were the Jones. On 9/13/1723 John Jones Jr. was granted 95 acres on the north side of the Nottaway River extending along the south side of Sappony Creek, also bordering the land of Nathaniel Malone. William Jones was granted land on the other side of Nathaniel's property from George Booth, along both sides of Turkey Egg Creek north of the Nottaawy River and bordering land of Sloman Wynne and William Parham (William Parham had land granted on 7/9/1724).

Other neighbors were Robert Wynne, Mary Wynne's brother, living on Jones Hole Swamp. William Malone, Nathaniel's brother lived nearby too. William Moore, Nathaniel Robertson (whose son Drury Robertson married Winifred Malone, daughter of William Malone and Ann Booth.

Roberston's son Nathaniel married Winifred Malone, daughter of William Malone, Nathaniel's brother, and Edward Winfield were living close by.

Born: between 1680-85 in Charles City Co, VA
Married: in VA
Died: about 1732 in Southwark Parish, Surry Co, VA.
Will dated 1/1732, probated 3/21/1732., see the text.

Parents: probably Daniel Malone and Susan Floraday
Wife: Mary Wynne

Mary Wynne's father Thomas Wynne gave the couple 98 acres "on ye south side of Jones Hole Swamp". Ross Malone tells us that in those days "swamp" meant an area around a slow-moving stream; it was a
valuable piece of land. That swamp appears on other pages on this site.

Mary Wynne died between 1730-32 in VA
Parents: Thomas Wynne and Agnes Stith.

Nathaniel and Mary Wynne Malone's children were:

1. William Malone, born in 1703 in Bristol Parish, Prince George Co, VA. See his Malone page. Married Ann Booth, daughter of George Booth and Mary (Malone?) of Surry / Sussex Co, VA. Their children, all born in VA, were: George Booth Malone (b. 11/26/1737 in VA; m. Sarah Bass); Ann Booth Malone (b. about 1739), Reubin Malone (b. 1741); Booth Malone (b. 1743); Willmuth Malone (b. about 1745); William Malone (b. 1746). William Malone died in 1764 in Dinwiddie Co, VA.

2. Nathaniel Malone, Jr., born ca 1712 in Bristol Parish, Prince George Co, VA Was left one of his father's plantations in his will -- the one on the south side of Sappony Creek. Before 1732, married Christian Linnington, daughter of Edward Linnington. about 1720 Surry Co, VA. On 7/15/1757, was deeded 300-acre gift from his father with "love and affection"; the land was on Sappony Creek. Their children: Lucy Malone (may have m. Wilkins Harper, son of Edward Harper); Nathaniel Malone (may have died young); Thomas Malone (b. by 1738-40, died young but was still living when his father died); John Malone (m. Mary Malone); Nathaniel Malone (m. Rebecca Winfield) and Christian Malone. Nathaniel Malone, Jr. was executor for his father's will and died 12/18/1758, Sussex Co, VA.

3. Thomas Malone, born by 1719 in Surry or Prince George Co, VA Was of age at the time of the writing of his father's will. Was deeded land by his brother Nathaniel Malone, Jr. for "love and affection". Married Millicent "Milley" Chappelle? by 1732. They lived in Brunswick Co. which became Lunenburg which became Mecklenburg Co, VA. Lived in close harmony with his brother Drury Malone. Their children: Daniel Malone; Lucy Malone (b. 10/28/1745, m. Lemuel Lanier); Thomas Malone, Jr. ; Frances "Fannie" Malone (m. Isham Nance) and William Malone. Thomas Malone died 1807.

4. Drury Malone, born about 1717 in Surry Co, VA. Not of age at the time of the writing of his father's will. Was left land which crossed Sappony Creek. Married-1st: Martha Jones by 1734. They lived in Brunswick Co. which became Lunenburg which became Mecklenburg Co, VA. Lived in close harmony with his brother Thomas Malone. Was a Patriot and gave supplies to the Continental Army for the Revolutionary cause. Their children were: Isham Malone (m. Lucy Lanier, daughter of Benjamin Lanier and Elizabeth Warren?); Nathaniel Malone (b. ca 1740, m-1st: Judith Staples, m-2nd: Elizabeth Evans); Martha "Pattie" Malone (b. 3/27/1741, Surry Co, VA, m. -? Holmes); Amy Malone (m. William Taylor); Betsy Malone (m. -? Seward); Jones Malone (m. Anney Taylor?, d. 1784) and Ann Malone (m. Charles Floyd). On 6/14/1774, Drury married-2nd: Penelope (-?) Taylor, widow of Thomas Taylor. Drury Malone left his will in 1782 in Mecklenburg Co, VA.

5. Daniel Malone. Was left 200 acres of land that included a plantation by his father on north side of Nottaway River, in Prince George Co, VA. Moved to Lunenburg Co, VA to area that later became Halifax Co, VA. In 1745, acquired land in Brunswick Co, VA from John and Mary Wynningham. Married Sarah Sullivan, daughter of James Sullivan of Lunenburg Co, VA. Their children: Thomas Malone (m-1st: on 7/22-8/1785, Susannah Tuck, daughter of Thomas and Sarah Tuck; m-2nd: Nancy Dunkley); Nathaniel Malone (unmarried as of 11/1795); Drury Malone (m. Cecily Johnson moved to Green Co, GA, then to Edgefield Co, SC, then to Morgan Co, GA); John Malone (m-1st: Edey Hawkins; m-2nd: Martha Tranum d. 1795); Bannister Malone (m. Martha Miller; moved to TN, then to Greene Co, KY); Daniel Malone (m-1st: Elizabeth Whitlock; m-2nd: ca 1800 GA to Elizabeth Sansom); Jameson Malone (m. Ulsey -?); Peter Malone (m. Ann Hardin); Mary Malone (m. James Irvine d. Greene Co, GA 4/1831); Elizabeth Malone (m. on 1/4/1787, Lunenburg Co, VA, Clement Tranum; lived in Greene Co, and Morgan Co, GA); Rebecca Malone (m. on 4/13/1785, John Andrews); Martha Malone (m. -? Hardin) and Susannah Malone (m. James Reynolds). Daniel Malone's will in Halifax Co, VA dated 11/3/1795; proved 12/1795.

6. Amy Malone. Mentioned in her father's will.

7. Frances or Susan / Susannah (as some say) Malone. Married Joseph Harper. See the assorted records re: Joseph Harper. Their children: Martha Harper (her godparents were Drury Malone and Martha Jones); George Harper (b. 12/24/1732, baptized 6/17/1733); Joseph Harper; Drury Harper (administrator of Joseph Harper's Estate. January 1791) and Nathaniel Harper.

8. Phebe (Phoebe) Malone

9. Courtney Malone. Mentioned in her father's will.

10 Mary Malone. Was not of age in 1732. Mentioned in her father's will.

THOMAS HENRY MALONE is a descendant of Nathaniel and Mary Wynn Malone through their son Nathaniel Malone, Jr. (1712-1758) and their grandson John ((1730-1801):

VANDERBILT
UNIVERSITY OUARTERLY

A Record of University Life and Work

Vol. VII APRIL 1907 No. 3

THOMAS H. MALONE, M.A.
As one who has long dwelt upon the margin of a noble river, finding himself at length in the leisure of after years among its sources, traces with eager interest here the sparkling rivulet, there the quiet brook, and here again the bold mountain stream that constitute its beginnings; so one who has longwatched the flowing of a noble life, enlarging with the years, enriching the times that border it - when at last that life has flowed into the great silent sea-turns with tender eye to trace· its far-away beginnings and its course.

Thomas Henry Malone, scholar, jurist, gentleman, the father and founder, under its Board of Trustees, of the School of Law of Vanderbilt University, and its Dean for a period of nearly thirty years, extending from its organization in 1875 to the date of his resignation in June, 1904, little more than two years before his death, was born on June 3, 1834, near the town of Athens, in the county of Limestone, Alabama.

The Tennessee, turning for a time from the bosom of its mother State and winding like a horn of plenty through the upper parts of Alabama, renders famous the valley to which it gives its name and its fertility. This rich valley early attracted the eye of well-to-do Virginians, and early in the last century they began to make settlements there, and the end of the first half of the century found the valley of the Tennessee from Florence to Huntsville famed for the high breeding, wealth, and culture of its ruling population.

Thomas Chappell Malone, the grandfather of Thomas H. Malone, in the year 1818, being then resident in the county of Sussex in Virginia, removed to the valley of the Tennessee, settling at first in Madison County, and subsequently in Lime­stone· County, Ala., where he remained until his death, many of his kindred of the name accompanying him; so that when the late Rev. Doctor McFerrin, of blessed memory, came long afterwards to write of this region he said, having regard to the quality, as well as the number of those of that time, "this country was blessed with a whole legion of Malones."

A graphic and spirited picture of the Malones as they were in Virginia comes to us in a pleasant way from the late Senator John T. Mason, of Virginia. It was on this wise:

Thomas H. Malone, while a student at the University of Virginia in the fifties, was invited to ·meet some distinguished guests at the home of his own and his father's friend, Professor John B. Minor, among them being Senator Mason. The Senator being struck by the name of the young student, and having by inquiries put to him brought out the fact that the young man was the grandson of Thomas Chappell Malone, said: "Now, Mr. Malone, I know very much more of your family than you possibly can know. Shall I give you in two words the character of your people?" And then, the young student having signified that he would be glad to hear him, he continued : "Well, then, I and my fathers have known them for generations. I never knew one who was rich; I never knew one that was poor; I never knew one that was a genius; I never knew one that was a fool; I never knew one that would tell a lie or that would steal or that was afraid of the devil if he came with his horns on." A brave, strong, sturdy, high-minded stock, evidently.

Thomas Chappell Malone married his first cousin, Mary Chappell, who was of Huguenot extraction; and his son, James Chappell Malone, the father of the subject of these memoirs, thus received a double infusion of that blood which for centuries has demonstrated its wonderful prepotency in that intenseness which with marked uniformity characterizes its inheritors wherever it has flowed.

Following the paternal line one step farther back, we find that the great-grandmother of Thomas H. Malone was Elizabeth Tucker, a niece of the distinguished philanthropist, Mr. Wood Tucker, of Sussex County, Va., and a member of the great Tucker family of Virginia, a name that even down to our own times reflects honor upon a State that it is an honor to have been born in.

Turning now to the maternal ancestry of Thomas H. Malone, we find that his mother, Eliza Frances Hardiman Binford, was the daughter of John Mosby Binford, of Northampton County, N.C., a man long prominent in public life in that State, and Frances Littleberry Hardiman.

The ·original Binfords were Quakers, people of great wealth and culture, who settled in the counties of Charles City and New Kent, Va., whence the ancestors of John M. Binford subsequently removed to North Carolina.

Frances Littleberry Hardiman, the grandmother of Thomas H. Malone, and in whose veins flowed the blood of some of the highest of the Virginia aristocracy, was a daughter of Littleberry Hardiman, of Westover Parish, Charles City, Va., and Susana Lightfoot, whose father was a grandson of that Colonel Lightfoot who was a member of the King's Council, and one of the wealthiest men in Virginia of his day. Littleberry Hardiman was one of the justices of Charles City County in 1753, and a noted breeder and importer of thoroughbred horses. The winning of the Williamsburgh stake by his great horse, Mark Antony, in 1769 lingered in tradition among the old family slaves to a time within the memory of the subject of these memoirs himself. Col. John Hardiman, the grandfather of Littleberry, and the first of the name in Virginia.

MALONE AND ALLIED FAMILIES
By: Dr. Randolph A. Malone
Pg. 14

Nathaniel Malone 3-3 (d.1732 Surry Co, VA) is prominent in this Malone history along
with William Malone, Sr. 3-1, since they died testate and we know more about their children. Nathaniel left the earliest Malone will mentioning children known to be in existence, dated 1732 in Surry Co. He married Mary Wynne and she was deeded a gift of land in 1707 by her father Thomas Wynne. [125f, 125g], Nathaniel was related closely to William Malone 3-1 both geographically and by family ties. Robert Wynne witnessed both their wills.

The children of Nathaniel Malone 3-3 are listed here in summary:
3-11 William Malone
4-12 Nathaniel Malone, Jr.
4-14 Daniel Malone
4-15 Drury Malone
4-16 Thomas Malone
4-17 Frances (?) Malone, wife of Joseph Harper.
4-18 Amy Malone
4-19 Mary Malone
4-20 Courtney ( ? ) Malone (Name blotted on original will)
4-21 Phoebe (?) Malone (Name partially obliterated on original will.)

Page 111
PART III
NATHANIEL MALONE 3-3 OF SURRY COUNTY, VIRGINIA
Nathaniel Malone (3-3), is one of the more prominent of the early southern Malone ancestors. His will is the oldest Virginia will in which children are named, and is dated Jan., 1732, probated 3-21-1732. He was probably born about 1680-85 in Virginia, as he had a son of legal age by 1724. Nathaniel is first indirectly noted in Virginia records in
Surry Co, Va. on 11-3-1707 when Thomas Wynne made a deed of gift to his daughter Mary Malone for 98 acres of land "on ye south side of Jones Hole Swamp, on ye line of Lewis Green." We recognize later in other records, that Mary Malone, daughter of Thomas Wynne, was the wife of Nathaniel Malone 3-3. Also on Jones Hole Swamp and Reedy Branch was Daniel Malone 3-6, who already owned land there (surveyed for him on 5-17-1715 by Robert Bolling, and who received patents there in 1715 and 1716. Thus Nathaniel was a likely brother of Daniel Malone 3-6. Jones Hole Swamp traversed Prince George and Surry Counties, as it shows deeds recorded in both counties.

Nathaniel Malone 3-3 next appears in the "Executive Journals, Council of Colonial Virginia, Court in Prince George County", where "Nathaniel Malone of Surry County, William Parham and James Grasham of Prince George County" were ordered to be taken into custody and brought before the Governor in Council to "answer their contempt of the orders of the Government in trading with the Tuscaruro Indians. At court on 4-26-1712 they were put under a 25 lb bond "for their good behavior, and particularly not to trade with the Tuscaruro Indians until liberty shall be given by the government ... " This problem apparently resolved itself with Nathaniel Malone in the good graces of the Colonial Government, because on 3-23-1715 he was granted 215 acres on both sides of the Sappony Creek, beginning on the west side, adjacent to Thomas Thrower's land.

Indian problems again required Nathaniel Malone's presence at the Executive Council court on 4-25-1717: "Who encouraged the Senequas in their late attempt upon ye western Indians at Christana? ... Ordered that said Sherif summon Nath. Malone to appear at this board to testifie his knowledge and also to summon such other persons as the said Malone shall nominate to him as proper evidence against the said offenders .. " Three weeks later on 5-4-1717 the court again met with the following resolution: "Whereas it appears to this Board by the examination of Nath. Malone that (several people) were unlawfully trading with the Tuscoruros while those Senequas were there, who afterwards attacked the Cattabaw Indians at Christanna. Ordered they be required to attend this board, etc. It is of interest that Thomas Wynne, Nathaniel Malone's father-in:-law, was an interpreter for Indian Affairs during this period (along with his brother Joshua Wynne), with the specific purpose of helping to make peace with the Seneca Indians.

Other insight into Nathaniel's life at this time is evidenced by a repeat visit to the Executive Council Court the following year on 4-23-1718. It seems that Nathaniel had
purchased a Saponie Indian woman who had been "taken captive by some forreign Indians". The Saponies, anxious to redeem their lost Indian woman, had contracted with Nathaniel for 120 buck skins to buy her back. Ninety skins had been delivered to Nathaniel Malone when the Indian woman died, according to testimony by "the Great Men of the Saponie". The Indians wanted their skins back. Nathaniel was ordered to appear the following month for an explanation. On 5-27-1718 Nathaniel appeared in the court "to answer the complaint of the Saponie Indians, upon a full hearing, ... it appearing to this board by the confession of the said Malone, that he received 74 skins in part consideration... it is the opinion of the board that the 74 skins ought to be returned to ye Indians ... "

One wonders if the "Sapponie" Indians lived along the Sappony Creek where Nathaniel Malone owned land. He continued to own land there in 1718, on both sides of Sappony Creek, which was patented to him in 1715. On 9-19-1721 he deeded to George Booth a 100 acre portion of this land on the south side of Sappony Creek, adjoining Thomas Thrower. His wife Mary (Wynne) Malone signed her release as well. The following month (10-18-1721) George Booth was granted an additional 850 acres adjacent to Nathaniel Malone on the southwest side of Stony Creek and on the north side of the Nottaway River, and on Sappony Creek adjacent to Thomas Thrower. This land connected with the 100 acres just sold to him by Nathaniel Malone. The lands of George Booth, a contemporary of Nathaniel Malone, coincided with Nathaniel's in other areas also. (See the map on page 24.) On 3-29-1721 a survey for both men reported that Nathaniel Malone and George Booth owned 300 acres together on both sides of Turkey Egg Creek.

The Jones family was another close neighbor. On 9-15-1723 John Jones, Jr. was granted 95 acres on the north side of the Nottoway River extending along the south side of Sappony Creek, also bordering on the land of Nathaniel Malone. William Jones was granted land on the other side of Nathaniel Malone's property from George Booth, along both sides of Turkey Egg Creek north of the Nottaway River, also bordering on the lines of Slowman Wynne and William Parham, land granted on 7-9-1724. From these two records, one of Surry Co. and the other of Prince George, we recognize that Nathaniel owned property crossing the county lines.

At this juncture, we see Nathaniel's son William Malone 4-11 receiving property. On 10-1 3-1724 William and Eliza Tucker deeded for only 5 shillings to "William Mallone. son of Nathaniel Mallone of Surry Co., 143 acres on the north side of Stony Creek in Prince George County. This is a very significant deed, because it identifies William the son of Nathaniel Malone 3-3 as owning land alongside Nathaniel Malone and near George Booth on the north side of Stony Creek and along the Prince George/Surry County border. During this time Nathaniel had his Stony Creek property surveyed. (See the map.) Two surveys were made and reported on 12-22-1724 on the "north side of Stony Creek. adjoining the county line" of 100 and 159 acres each, totaling 259 acres. At this point William Malone 4-11, son of Nathaniel Malone 3-3 added to his adjacent holdings by being granted on 10-31-1726 "400 acres in Prince George County on the north side of Stony Creek on the county line, beginning where the said line crosses the said creek", adjacent (among others) to William Tucker, who had just deeded the land to "William, son of Nathaniel Malone". The lot description of this grant to William Malone goes on to say, "143 acres of above was a part granted to William Tucker, who conveyed to the said Nathaniel Malone." From this interesting land description, we see that Nathaniel Malone had in effect developed a land swap for his son William Malone, who now lived adjacent to him on the north side of Stony Creek at the county line. Part of the land had been conveyed to William Malone through Nathaniel Malone from William Tucker. Further enlightenment on this transaction is seen in a 1723 survey report which stated " .... 300 acres, ordered to William Tucker from Nathaniel Malone, for whom it was surveyed, on a creek .... next to George Booth, Slowman Wynne ..." We now see why only 5 shillings was mentioned in the above deed from William Tucker to William Malone. This author had assumed before all this information was available to him that this was a deed of gift to William Malone, Sr. 3-1, who was thought to have married Ann Tucker, daughter of William Tucker... With additional information available, it is now easier to distinguish between William Malone 4- 11, son of Nathaniel 3-3 , and William Malone 3-1 who owned land north of the Nottoway River on Southwest(er) Swamp. (See the map on page 24.) This interesting land swap for his son William Malone 4-11 also explains why Nathaniel 3-3 did not leave land to William in his will, as he did all his other sons.

On 9-28-1728 Edward Winfield also received a land grant on the north side of Stony Creek which placed him adjacent to Nathaniel Malone, among others. The last transaction noted in records for Nathaniel Malone 3-3 prior to his will was recorded on 9-16-1730 when "Nathaniel Malone and wife Mary Malone" deeded 98 acres to William Moore. Witnesses were Robert Wynn, John Freeman and Nathaniel Roberson. William Malone, Sr. 3-1 had deeded William Moore property along the north side of Nottaway River on 3-17-1722, and apparently William Moore then lived between Nathaniel Malone 3 -3 and William Malone 3-1 . Robert Wynn and Nathaniel Roberson lived near William Malone, Sr. 3-1, north of the Nottaway River along Souwester Swamp. Robert Wynne was a son of Thomas and Agnes Wynne and a brother of Mary Wynne Malone, Nathaniel's wife, and witnessed both Nathaniel 3-3's and William Malone 3-1's wills. Robert Wynne also owned land along Jones Hole Swamp near Nathaniel and Mary Wynne Malone. In addition, both Robert Wynne and Thomas Wynne, Jr. witnessed the will of William Malone, Sr. 3-1. Robert Wynne also witnessed the will of Nathaniel Malone 3-3. Nathaniel Robertson, who lived adjacent to William Malone, Sr. 3-1 had a son Drury Robertson who married Winefred Malone 5 -24, daughter of William Malone 4- 11 (son of Nathaniel Malone 3-3) and his wife Ann Booth Malone, daughter of George Booth, Nathaniel's next-door neighbor. Nathaniel Robertson's younger son Nathaniel married Winifred Malone 5-10, granddaughter of William Malone 3-1, and daughter of William Malone 4-1.

These facts would suggest that Nathaniel Malone 3-3 and William Malone, Sr. 3-1 were brothers since they were about the same age and lived so close to one another and were so intimately involved and related to the same families, but no documents have been found to prove this hypothesis. It would also seem that Daniel Malone 3-6 living on Jones Hole Swamp was a brother, since he lived in an area where Nathaniel Malone 3-3 also had owned property, and the two were about the same age. Again, this is an unproven hypothesis.

Nathaniel's wife Mary Wynne Malone apparently lived at least to 1730, since she is recorded in a deed with him that year. However, she is not mentioned in his will, and we must assume she predeceased him. Nathaniel Malone's will was written in January, 1732 and proved 3-21-1732. An unfortunate water blot has partially obliterated the will, and the other part is in itself difficult to read. It follows, as best we can decipher:

Surry County, Va. Deed Book 8, Vol. I 1671 - 1750, Part II, p. 268, Will of Nathaniel Malone, signed Jan., 1732; probated 3-21-1732. This will is badly water-stained, and some of the daughters mentioned in the will and some conditions are not readable. Portions in which we can interpolate the words are in parenthesis:

In the name of God I Nathaniel Malone of the Parish of Southwark and the County of Surry in the Colony of Virginia being weak in body but of sound Perfect & disposing mind & memory praise be therefore given to Almighty God and calling to remembrance the uncertain State of this transitory life and that flesh must yield unto death when it shall please God to Call (do ordain this) my last will and testament hereby revoking all other wills & testaments heretofore made. lmprimis My soul I resign to God that ____ thru the merit and mediation of Jesus Christ (my sins might be forgiven). My body I commit to the earth (from whence it was taken to be buried) by my exec. hereafter named and for the (disposition) of my estate I devise & dispose of in the manner following:

Item: I devise to my loving son Nathaniel and his heirs forever my house & lands lying and being on the South side of Sappony Creek in the Parish & County aforesaid Excepting one acre at the hog pen ford just below my dwelling house & also one Negro woman named Judy & one cow to him ye said Nathaniel and his heirs forever.
Item: I devise unto my loving son Drury that one acre of land before excepted at hog pen ford and the plantation where I now live & the land adjoining these according to the bounds following Viz: Beginning at the cart ford of Sappony Creek thence going a (short course) north by hasty Branch ... ect. (The author now abstracts as follows:) to Great Pond, to Pig Quarter on Stony Creek, then down said Creek to mouth of Sapponey Creek. .. But in default of Drury having heirs, land to son Thomas, and in default of his having heirs, to be divided between sons William and Nathaniel. To son Thomas, land up the Sapponey Creek along William Harper's line, 10 pounds and a negro. To son Daniel my house and 200 acres on ye north side of Nottaway River beginning at the mouth of Tommoheton Swamp in Prince George Co, running up the swamp and Nottaway River for 200 acres. To Son-in-law Joseph Harper: my house and 200 acres in upper part of a tract called Tommahelon land and 20 pounds, 2 cows and calves .. Remainder is badly blotted: To daughter Amey ... 1 mulatto named ____. Amey also to keep my daughter Mary until (they marry or come of age) To my daughter ___ Courtney? .... Phoebe? remainder to be equally divided. Executors: some blotted, but can make out Drury and Nathaniel Malone. Wit: Robert Wynne, John Gilliam, Jr.

On 6-15-1733 Nathaniel Malone 3-3 's estate was appraised by John Freeman, John Jackson and William Harper. The appraisal was submitted on 6-20-1733 by Nathaniel Malone, Jr. 4-12, who was the acting executor.

Apparently son Nathaniel, Jr. 4-12 was the next oldest son after William 4-11, followed by Drury 4-15 and Thomas 4-16 and then Daniel 4-14. Of interest in this will is the notation about sons Drury and Thomas. Their legacy was to pass to other sons if they did not have heirs. It is obvious neither of these two men had children in January, 1732. They may have been married, and were of age, but apparently no children were yet born. On the other hand, this restriction did not apply to sons Daniel, Nathaniel or William, nor to his son-in-law Joseph Harper, all of whom we may assume had children by 1732. Son William is not bequeathed land, but, as noted above, was deeded land by William Tucker per arrangement with Nathaniel Malone 3-3 in 1724.

It is remarkable to consider the extent of Nathaniel Malone 3-3' s holdings. Although not continuous, they stretched across the entire eastern border and most of the southern border of what is now Dinwiddie Co. from Jones Hole Swamp above Dinwiddie Co., across Stony Creek, across Reedy Creek, across the Sappony River, and reached across Turkey Egg Creek to the Tommahelon Creek mouth at the Nottoway River. This juncture is almost in the corner of where Amelia Co, Dinwiddie Co, Brunswick Co. and Nottoway Co. join.

Note: See the chart on page 37, showing Nathaniel, his children and grandchildren. Summary:

Nathaniel Malone 3-3 (c 1680-85 VA - 1732 Surry Co, VA) m. Mary Wynne (d. between 1730-1732 Surry Co, VA), dau of Thomas and Agnes (Stith) Wynne. Lived on the Surry Co/Prince George Co. border along Jones Hole Swamp, Turkey Egg Creek, Stony Creek, Reedy Creek and Sappony Creek, north of the Nottaway River, with close ties to George Booth, William Tucker, William Harper, William Moore, Robert Wynne, Thomas Wynne, William Malone 3-1, Nathaniel Robertson and others. His children:

4-11 William Malone (c 1703 VA - 1775/87 Dinwiddie Co, VA) m. Ann Booth (d. 1799,
Dinwiddie Co, VA), dau of George and Mary Booth of Surry/Sussex Co, VA. He was probably the oldest of the sons, as he shows being a landowner in 1724. He received land from his father through a land swap with neighbor William Tucker, and owned land adjacent to his father on the north side of Stony River in Prince George County, but on the county line of Surry County. This land was added to in Prince George County on the line by land grant in 1726. He lived his life out in Prince George-- Dinwiddie Co, VA. For a more detailed documented biography and descendants see the William Malone 4-11 section on page 116.

4-12 Nathaniel Malone, Jr. (c 1712 VA - 12-18-1758 Sussex Co, VA) m. Christian Linnington (d. 3-4-1759 Sussex Co., VA), dau of Edward Linnington (d. 1736 NC). He shows extensive records in Surry Co. and then in Sussex Co. when it was broken off Surry Co. in 1752. Nathaniel apparently already had heirs at the writing of his father's will. He received his father's plantation house on the south side of Sappony Creek in Southwark Parish, Surry Co. Nathaniel, Jr. died in Sussex Co. in the same general area where he was bequeathed land originally. His will was dated 12-18-1758 and proved 7-16-1761. For a documented biography and descendants, see the Nathaniel Malone Section on page 158.

4-14 Daniel Malone was left land by his father on the north side of Nottaway River beginning at the mouth of Tommoheton Swamp in Prince George Co, running up the
swamp and Nottaway River, amounting to 200 acres. This included another plantation
house of his father's. His land was far away from the others on the border of Brunswick
Co. near Amelia and Nottoway Counties. The fact that his land fell into Prince George
Co. is unfortunate, since Prince George Co. and its daughter Dinwiddie Co. records were destroyed in the Civil War. He moved to Lunenburg Co. in the area which became Halifax Co. in 1752. Surviving property tax records in Dinwiddie Co. do not show this
Daniel Malones, indicating an early move, and the children of Daniel Malone's 1795 will
in Halifax Co. reflect the same names as are found in the Nathaniel Malone 3-3 family. This Daniel was not attributed as a son of Nathaniel Malone 3-3 in the first edition of Malone & Allied Families, but it is now believed that he was, due to a better understanding of the location of his property legacy and more Dinwiddie Co, VA
records to examine; For a documented biography and descendants, see the Daniel
Malone 4-14 section on page 172.

4-15 Drury Malone, though of age at the writing of his father's will, was apparently childless, since his land was to revert to his brother Thomas 4-16 if he did not beget heirs. Drury was left land which traversed the Sappony Creek to its junction with Stoney Creek. This land included the plantation house where his father was then living.
Drury ultimately moved to Brunswick ----- Lunenburg --- Mecklenburg Co.s, VA. His sonship is proven by the fact that he sold this very land after moving there, with identical lot description. For his documented biography and descendants, see the Drury Malone 4-1 5 section on page 208.

4-16 Thomas Malone was bequeathed land up the Sapponey Creek adjacent to his brother Drury 4-15 , along William Harper's line. His land was to revert equally to his
brothers William 4-11 and Nathaniel Jr. 4-12 if he did not have heirs. He likewise moved to Brunswick-- Lunenburg-- Meckelnburg Co. with his brother Drury 4-15. The two brothers lived in a close relationship there. Thomas lived until 1807. He is referred to as the brother of Drury in Drury's will. For a documented biography and descendants, see the Thomas Malone 4-16 section on page 213.

4-17 ( Frances?) Malone , wife of Joseph Harper. See the Frances Malone 4-17 section on page 216.

4-18 Amey Malone was apparently the oldest unmarried daughter. She was left a mulatto slave as her inheritance, with the admonition to care for her younger sisters Mary Malone and Courtney (?) until they came of age or married. This part of the will lets us know that Nathaniel's children crossed the line between being of age in 1724 or before, to not being of age in 1732 . No further information.

4-18 Mary Malone is described above. Unfortunately a large water blot has obliterated
this portion of Nathaniel's will, and we really know nothing more of her, except that she
was unmarried and not of age in 1732 . No further information.

4-19 Courtney Malone was difficult for this author to see on a microfilm of the will, but
was noted on examination of the original by Lucille Pleasants back in the l930's,
and is included in the Malone genealogy of Stith Malone Cain. No further information.

4-20 Phoebe Malone (?) is included with a question mark because this author could not
really make out this name with any clarity from a microfilm of the original will. The
late Malone genealogist John Riley Malone stated that this will was read on the
original paper by someone prior to 1920 and the that the names of Courtney and Phoebe could be read. Unfortunately, we cannot verify this at the present time. No further information.
Several sources have him with a middle name as "Nathaniel Burwell Malone"

FROM JAN VOGEL:

Parents:
Daniel Malone (1643–1704)
Mary Harrison (1645–1693)

Spouse:
Mary Wynne (1677–1731)

Children:
1. Phoebe Malone (1691–1752)
2. Thomas Malone (1695–1759)
3. Daniel Malone (1696–1795)
4. Thomas Nathaniel Malone (1696–1758)
5. Drury Malone (1697–1747)
6. Mary Malone (1699–1751)
7. Frances Malone (1699–____)
8. Susannah Malone (1700–1759)
9. Daniel Malone (1700–1795)
10. William Malone (1703 Bristol Parish, Prince George, Virginia - FEB 1759 Surry, Surry, Virginia, )
11. Nathaniel Malone Jr (1712–1758)
12. Amey Malone (1714–1752)
13. Thomas Malone (1719–1807)

From Carol Middleton:

Nathaniel Malone, born between 1675-81 in Charles City Co, VA. Married Mary Wynne, daughter of Thomas Wynne and Agnes Stith, about 1690. See his Malone page and also see her Wynne page.

Their children:
Phoebe Malone, Courtney Malone, Mary Malone, William Malone (b. ca 1703 VA; see his Malone page; m. Ann Booth about 1717; d. 1775-87, Dinwiddie Co, VA), Thomas Malone (m. Millicent Chappelle?; d. after 1807), Nathaniel Malone (b. ca 1712; m. Christian Linnington; d. 12/18/1758 Sussex Co, VA), Daniel Malone, Drury Malone, Frances Malone (m. Joseph Harper), Amey Malone (unmarried; left a mulatto in her father's will and the care of her younger sisters), Mary Malone (not of age in 1732), Courtney Malone. Nathaniel Malone died about 1731-2 in Surry Co, VA.

From Surry Co, VA Wills and Deeds Book 7, 1715-1730, Part 2, p 375, dated 9/15/1721: 'Nathaniel Malone of Surry Co, to George Booth, 100 acres on south side of Sappony Creek adjoining Thomas Thrower. Signed Nath. Malone, Mary (X) Malone."

Nathaniel MALONE was granted 99 acres in 1715. Owned property adjacent to Jones Hole Swamp, a gift from his father-in-law Thomas Wynne and he is mentioned in the deed. Also owned property in Sussex Co, and Surry Co, VA (part of earlier Charles City Co, VA). In 1712 he was arrested and fined £25 for dealing with the Tuscorora Indians. Seems to have recovered his good name by 1715, because on 3/23/1715, Nathaniel Malone was granted 215 acres on both sides of Sappony Creek, beginning on the west side, adjacent to Thomas Thrower's land. In 1717 Nathaniel was engaged to make peace with the Seneca. Thomas Wynne, his father-in-law was also an interpreter for Indian affairs.

In 1718 Nathaniel was contracted by the Saponies to purchase back a Saponie woman who had been taken captive by "some forreign Indians"; he was to be paid 120 buck skins. A "down-payment" of 90 skins had been paid when the woman died. the "Great Men of the Saponie" wanted their skins back and Nathaniel had to appear in court to answer their complaints; he was ordered to return the skins.

Nathaniel Malone was business partners with his neighbor George Booth. On 9/19/1721 Nathaniel deeded 100 acres of his Sappony Creek land to George Booth. Mary Wynne signed her release to the land too. Booth was granted an additional 850 acres adjacent to Nathaniel on the southwest side of Stony Creek and on the north side of the Nottaway River, and on Sappony Creek adjacent to Thomas Thrower. On 3/29/1721 a survey shows Nathaniel and George owning 300 acres together on both sides of Turkey Creek.

Another neighboring family of the Malones and the Booths were the Jones. On 9/13/1723 John Jones Jr. was granted 95 acres on the north side of the Nottaway River extending along the south side of Sappony Creek, also bordering the land of Nathaniel Malone. William Jones was granted land on the other side of Nathaniel's property from George Booth, along both sides of Turkey Egg Creek north of the Nottaawy River and bordering land of Sloman Wynne and William Parham (William Parham had land granted on 7/9/1724).

Other neighbors were Robert Wynne, Mary Wynne's brother, living on Jones Hole Swamp. William Malone, Nathaniel's brother lived nearby too. William Moore, Nathaniel Robertson (whose son Drury Robertson married Winifred Malone, daughter of William Malone and Ann Booth.

Roberston's son Nathaniel married Winifred Malone, daughter of William Malone, Nathaniel's brother, and Edward Winfield were living close by.

Born: between 1680-85 in Charles City Co, VA
Married: in VA
Died: about 1732 in Southwark Parish, Surry Co, VA.
Will dated 1/1732, probated 3/21/1732., see the text.

Parents: probably Daniel Malone and Susan Floraday
Wife: Mary Wynne

Mary Wynne's father Thomas Wynne gave the couple 98 acres "on ye south side of Jones Hole Swamp". Ross Malone tells us that in those days "swamp" meant an area around a slow-moving stream; it was a
valuable piece of land. That swamp appears on other pages on this site.

Mary Wynne died between 1730-32 in VA
Parents: Thomas Wynne and Agnes Stith.

Nathaniel and Mary Wynne Malone's children were:

1. William Malone, born in 1703 in Bristol Parish, Prince George Co, VA. See his Malone page. Married Ann Booth, daughter of George Booth and Mary (Malone?) of Surry / Sussex Co, VA. Their children, all born in VA, were: George Booth Malone (b. 11/26/1737 in VA; m. Sarah Bass); Ann Booth Malone (b. about 1739), Reubin Malone (b. 1741); Booth Malone (b. 1743); Willmuth Malone (b. about 1745); William Malone (b. 1746). William Malone died in 1764 in Dinwiddie Co, VA.

2. Nathaniel Malone, Jr., born ca 1712 in Bristol Parish, Prince George Co, VA Was left one of his father's plantations in his will -- the one on the south side of Sappony Creek. Before 1732, married Christian Linnington, daughter of Edward Linnington. about 1720 Surry Co, VA. On 7/15/1757, was deeded 300-acre gift from his father with "love and affection"; the land was on Sappony Creek. Their children: Lucy Malone (may have m. Wilkins Harper, son of Edward Harper); Nathaniel Malone (may have died young); Thomas Malone (b. by 1738-40, died young but was still living when his father died); John Malone (m. Mary Malone); Nathaniel Malone (m. Rebecca Winfield) and Christian Malone. Nathaniel Malone, Jr. was executor for his father's will and died 12/18/1758, Sussex Co, VA.

3. Thomas Malone, born by 1719 in Surry or Prince George Co, VA Was of age at the time of the writing of his father's will. Was deeded land by his brother Nathaniel Malone, Jr. for "love and affection". Married Millicent "Milley" Chappelle? by 1732. They lived in Brunswick Co. which became Lunenburg which became Mecklenburg Co, VA. Lived in close harmony with his brother Drury Malone. Their children: Daniel Malone; Lucy Malone (b. 10/28/1745, m. Lemuel Lanier); Thomas Malone, Jr. ; Frances "Fannie" Malone (m. Isham Nance) and William Malone. Thomas Malone died 1807.

4. Drury Malone, born about 1717 in Surry Co, VA. Not of age at the time of the writing of his father's will. Was left land which crossed Sappony Creek. Married-1st: Martha Jones by 1734. They lived in Brunswick Co. which became Lunenburg which became Mecklenburg Co, VA. Lived in close harmony with his brother Thomas Malone. Was a Patriot and gave supplies to the Continental Army for the Revolutionary cause. Their children were: Isham Malone (m. Lucy Lanier, daughter of Benjamin Lanier and Elizabeth Warren?); Nathaniel Malone (b. ca 1740, m-1st: Judith Staples, m-2nd: Elizabeth Evans); Martha "Pattie" Malone (b. 3/27/1741, Surry Co, VA, m. -? Holmes); Amy Malone (m. William Taylor); Betsy Malone (m. -? Seward); Jones Malone (m. Anney Taylor?, d. 1784) and Ann Malone (m. Charles Floyd). On 6/14/1774, Drury married-2nd: Penelope (-?) Taylor, widow of Thomas Taylor. Drury Malone left his will in 1782 in Mecklenburg Co, VA.

5. Daniel Malone. Was left 200 acres of land that included a plantation by his father on north side of Nottaway River, in Prince George Co, VA. Moved to Lunenburg Co, VA to area that later became Halifax Co, VA. In 1745, acquired land in Brunswick Co, VA from John and Mary Wynningham. Married Sarah Sullivan, daughter of James Sullivan of Lunenburg Co, VA. Their children: Thomas Malone (m-1st: on 7/22-8/1785, Susannah Tuck, daughter of Thomas and Sarah Tuck; m-2nd: Nancy Dunkley); Nathaniel Malone (unmarried as of 11/1795); Drury Malone (m. Cecily Johnson moved to Green Co, GA, then to Edgefield Co, SC, then to Morgan Co, GA); John Malone (m-1st: Edey Hawkins; m-2nd: Martha Tranum d. 1795); Bannister Malone (m. Martha Miller; moved to TN, then to Greene Co, KY); Daniel Malone (m-1st: Elizabeth Whitlock; m-2nd: ca 1800 GA to Elizabeth Sansom); Jameson Malone (m. Ulsey -?); Peter Malone (m. Ann Hardin); Mary Malone (m. James Irvine d. Greene Co, GA 4/1831); Elizabeth Malone (m. on 1/4/1787, Lunenburg Co, VA, Clement Tranum; lived in Greene Co, and Morgan Co, GA); Rebecca Malone (m. on 4/13/1785, John Andrews); Martha Malone (m. -? Hardin) and Susannah Malone (m. James Reynolds). Daniel Malone's will in Halifax Co, VA dated 11/3/1795; proved 12/1795.

6. Amy Malone. Mentioned in her father's will.

7. Frances or Susan / Susannah (as some say) Malone. Married Joseph Harper. See the assorted records re: Joseph Harper. Their children: Martha Harper (her godparents were Drury Malone and Martha Jones); George Harper (b. 12/24/1732, baptized 6/17/1733); Joseph Harper; Drury Harper (administrator of Joseph Harper's Estate. January 1791) and Nathaniel Harper.

8. Phebe (Phoebe) Malone

9. Courtney Malone. Mentioned in her father's will.

10 Mary Malone. Was not of age in 1732. Mentioned in her father's will.

THOMAS HENRY MALONE is a descendant of Nathaniel and Mary Wynn Malone through their son Nathaniel Malone, Jr. (1712-1758) and their grandson John ((1730-1801):

VANDERBILT
UNIVERSITY OUARTERLY

A Record of University Life and Work

Vol. VII APRIL 1907 No. 3

THOMAS H. MALONE, M.A.
As one who has long dwelt upon the margin of a noble river, finding himself at length in the leisure of after years among its sources, traces with eager interest here the sparkling rivulet, there the quiet brook, and here again the bold mountain stream that constitute its beginnings; so one who has longwatched the flowing of a noble life, enlarging with the years, enriching the times that border it - when at last that life has flowed into the great silent sea-turns with tender eye to trace· its far-away beginnings and its course.

Thomas Henry Malone, scholar, jurist, gentleman, the father and founder, under its Board of Trustees, of the School of Law of Vanderbilt University, and its Dean for a period of nearly thirty years, extending from its organization in 1875 to the date of his resignation in June, 1904, little more than two years before his death, was born on June 3, 1834, near the town of Athens, in the county of Limestone, Alabama.

The Tennessee, turning for a time from the bosom of its mother State and winding like a horn of plenty through the upper parts of Alabama, renders famous the valley to which it gives its name and its fertility. This rich valley early attracted the eye of well-to-do Virginians, and early in the last century they began to make settlements there, and the end of the first half of the century found the valley of the Tennessee from Florence to Huntsville famed for the high breeding, wealth, and culture of its ruling population.

Thomas Chappell Malone, the grandfather of Thomas H. Malone, in the year 1818, being then resident in the county of Sussex in Virginia, removed to the valley of the Tennessee, settling at first in Madison County, and subsequently in Lime­stone· County, Ala., where he remained until his death, many of his kindred of the name accompanying him; so that when the late Rev. Doctor McFerrin, of blessed memory, came long afterwards to write of this region he said, having regard to the quality, as well as the number of those of that time, "this country was blessed with a whole legion of Malones."

A graphic and spirited picture of the Malones as they were in Virginia comes to us in a pleasant way from the late Senator John T. Mason, of Virginia. It was on this wise:

Thomas H. Malone, while a student at the University of Virginia in the fifties, was invited to ·meet some distinguished guests at the home of his own and his father's friend, Professor John B. Minor, among them being Senator Mason. The Senator being struck by the name of the young student, and having by inquiries put to him brought out the fact that the young man was the grandson of Thomas Chappell Malone, said: "Now, Mr. Malone, I know very much more of your family than you possibly can know. Shall I give you in two words the character of your people?" And then, the young student having signified that he would be glad to hear him, he continued : "Well, then, I and my fathers have known them for generations. I never knew one who was rich; I never knew one that was poor; I never knew one that was a genius; I never knew one that was a fool; I never knew one that would tell a lie or that would steal or that was afraid of the devil if he came with his horns on." A brave, strong, sturdy, high-minded stock, evidently.

Thomas Chappell Malone married his first cousin, Mary Chappell, who was of Huguenot extraction; and his son, James Chappell Malone, the father of the subject of these memoirs, thus received a double infusion of that blood which for centuries has demonstrated its wonderful prepotency in that intenseness which with marked uniformity characterizes its inheritors wherever it has flowed.

Following the paternal line one step farther back, we find that the great-grandmother of Thomas H. Malone was Elizabeth Tucker, a niece of the distinguished philanthropist, Mr. Wood Tucker, of Sussex County, Va., and a member of the great Tucker family of Virginia, a name that even down to our own times reflects honor upon a State that it is an honor to have been born in.

Turning now to the maternal ancestry of Thomas H. Malone, we find that his mother, Eliza Frances Hardiman Binford, was the daughter of John Mosby Binford, of Northampton County, N.C., a man long prominent in public life in that State, and Frances Littleberry Hardiman.

The ·original Binfords were Quakers, people of great wealth and culture, who settled in the counties of Charles City and New Kent, Va., whence the ancestors of John M. Binford subsequently removed to North Carolina.

Frances Littleberry Hardiman, the grandmother of Thomas H. Malone, and in whose veins flowed the blood of some of the highest of the Virginia aristocracy, was a daughter of Littleberry Hardiman, of Westover Parish, Charles City, Va., and Susana Lightfoot, whose father was a grandson of that Colonel Lightfoot who was a member of the King's Council, and one of the wealthiest men in Virginia of his day. Littleberry Hardiman was one of the justices of Charles City County in 1753, and a noted breeder and importer of thoroughbred horses. The winning of the Williamsburgh stake by his great horse, Mark Antony, in 1769 lingered in tradition among the old family slaves to a time within the memory of the subject of these memoirs himself. Col. John Hardiman, the grandfather of Littleberry, and the first of the name in Virginia.

MALONE AND ALLIED FAMILIES
By: Dr. Randolph A. Malone
Pg. 14

Nathaniel Malone 3-3 (d.1732 Surry Co, VA) is prominent in this Malone history along
with William Malone, Sr. 3-1, since they died testate and we know more about their children. Nathaniel left the earliest Malone will mentioning children known to be in existence, dated 1732 in Surry Co. He married Mary Wynne and she was deeded a gift of land in 1707 by her father Thomas Wynne. [125f, 125g], Nathaniel was related closely to William Malone 3-1 both geographically and by family ties. Robert Wynne witnessed both their wills.

The children of Nathaniel Malone 3-3 are listed here in summary:
3-11 William Malone
4-12 Nathaniel Malone, Jr.
4-14 Daniel Malone
4-15 Drury Malone
4-16 Thomas Malone
4-17 Frances (?) Malone, wife of Joseph Harper.
4-18 Amy Malone
4-19 Mary Malone
4-20 Courtney ( ? ) Malone (Name blotted on original will)
4-21 Phoebe (?) Malone (Name partially obliterated on original will.)

Page 111
PART III
NATHANIEL MALONE 3-3 OF SURRY COUNTY, VIRGINIA
Nathaniel Malone (3-3), is one of the more prominent of the early southern Malone ancestors. His will is the oldest Virginia will in which children are named, and is dated Jan., 1732, probated 3-21-1732. He was probably born about 1680-85 in Virginia, as he had a son of legal age by 1724. Nathaniel is first indirectly noted in Virginia records in
Surry Co, Va. on 11-3-1707 when Thomas Wynne made a deed of gift to his daughter Mary Malone for 98 acres of land "on ye south side of Jones Hole Swamp, on ye line of Lewis Green." We recognize later in other records, that Mary Malone, daughter of Thomas Wynne, was the wife of Nathaniel Malone 3-3. Also on Jones Hole Swamp and Reedy Branch was Daniel Malone 3-6, who already owned land there (surveyed for him on 5-17-1715 by Robert Bolling, and who received patents there in 1715 and 1716. Thus Nathaniel was a likely brother of Daniel Malone 3-6. Jones Hole Swamp traversed Prince George and Surry Counties, as it shows deeds recorded in both counties.

Nathaniel Malone 3-3 next appears in the "Executive Journals, Council of Colonial Virginia, Court in Prince George County", where "Nathaniel Malone of Surry County, William Parham and James Grasham of Prince George County" were ordered to be taken into custody and brought before the Governor in Council to "answer their contempt of the orders of the Government in trading with the Tuscaruro Indians. At court on 4-26-1712 they were put under a 25 lb bond "for their good behavior, and particularly not to trade with the Tuscaruro Indians until liberty shall be given by the government ... " This problem apparently resolved itself with Nathaniel Malone in the good graces of the Colonial Government, because on 3-23-1715 he was granted 215 acres on both sides of the Sappony Creek, beginning on the west side, adjacent to Thomas Thrower's land.

Indian problems again required Nathaniel Malone's presence at the Executive Council court on 4-25-1717: "Who encouraged the Senequas in their late attempt upon ye western Indians at Christana? ... Ordered that said Sherif summon Nath. Malone to appear at this board to testifie his knowledge and also to summon such other persons as the said Malone shall nominate to him as proper evidence against the said offenders .. " Three weeks later on 5-4-1717 the court again met with the following resolution: "Whereas it appears to this Board by the examination of Nath. Malone that (several people) were unlawfully trading with the Tuscoruros while those Senequas were there, who afterwards attacked the Cattabaw Indians at Christanna. Ordered they be required to attend this board, etc. It is of interest that Thomas Wynne, Nathaniel Malone's father-in:-law, was an interpreter for Indian Affairs during this period (along with his brother Joshua Wynne), with the specific purpose of helping to make peace with the Seneca Indians.

Other insight into Nathaniel's life at this time is evidenced by a repeat visit to the Executive Council Court the following year on 4-23-1718. It seems that Nathaniel had
purchased a Saponie Indian woman who had been "taken captive by some forreign Indians". The Saponies, anxious to redeem their lost Indian woman, had contracted with Nathaniel for 120 buck skins to buy her back. Ninety skins had been delivered to Nathaniel Malone when the Indian woman died, according to testimony by "the Great Men of the Saponie". The Indians wanted their skins back. Nathaniel was ordered to appear the following month for an explanation. On 5-27-1718 Nathaniel appeared in the court "to answer the complaint of the Saponie Indians, upon a full hearing, ... it appearing to this board by the confession of the said Malone, that he received 74 skins in part consideration... it is the opinion of the board that the 74 skins ought to be returned to ye Indians ... "

One wonders if the "Sapponie" Indians lived along the Sappony Creek where Nathaniel Malone owned land. He continued to own land there in 1718, on both sides of Sappony Creek, which was patented to him in 1715. On 9-19-1721 he deeded to George Booth a 100 acre portion of this land on the south side of Sappony Creek, adjoining Thomas Thrower. His wife Mary (Wynne) Malone signed her release as well. The following month (10-18-1721) George Booth was granted an additional 850 acres adjacent to Nathaniel Malone on the southwest side of Stony Creek and on the north side of the Nottaway River, and on Sappony Creek adjacent to Thomas Thrower. This land connected with the 100 acres just sold to him by Nathaniel Malone. The lands of George Booth, a contemporary of Nathaniel Malone, coincided with Nathaniel's in other areas also. (See the map on page 24.) On 3-29-1721 a survey for both men reported that Nathaniel Malone and George Booth owned 300 acres together on both sides of Turkey Egg Creek.

The Jones family was another close neighbor. On 9-15-1723 John Jones, Jr. was granted 95 acres on the north side of the Nottoway River extending along the south side of Sappony Creek, also bordering on the land of Nathaniel Malone. William Jones was granted land on the other side of Nathaniel Malone's property from George Booth, along both sides of Turkey Egg Creek north of the Nottaway River, also bordering on the lines of Slowman Wynne and William Parham, land granted on 7-9-1724. From these two records, one of Surry Co. and the other of Prince George, we recognize that Nathaniel owned property crossing the county lines.

At this juncture, we see Nathaniel's son William Malone 4-11 receiving property. On 10-1 3-1724 William and Eliza Tucker deeded for only 5 shillings to "William Mallone. son of Nathaniel Mallone of Surry Co., 143 acres on the north side of Stony Creek in Prince George County. This is a very significant deed, because it identifies William the son of Nathaniel Malone 3-3 as owning land alongside Nathaniel Malone and near George Booth on the north side of Stony Creek and along the Prince George/Surry County border. During this time Nathaniel had his Stony Creek property surveyed. (See the map.) Two surveys were made and reported on 12-22-1724 on the "north side of Stony Creek. adjoining the county line" of 100 and 159 acres each, totaling 259 acres. At this point William Malone 4-11, son of Nathaniel Malone 3-3 added to his adjacent holdings by being granted on 10-31-1726 "400 acres in Prince George County on the north side of Stony Creek on the county line, beginning where the said line crosses the said creek", adjacent (among others) to William Tucker, who had just deeded the land to "William, son of Nathaniel Malone". The lot description of this grant to William Malone goes on to say, "143 acres of above was a part granted to William Tucker, who conveyed to the said Nathaniel Malone." From this interesting land description, we see that Nathaniel Malone had in effect developed a land swap for his son William Malone, who now lived adjacent to him on the north side of Stony Creek at the county line. Part of the land had been conveyed to William Malone through Nathaniel Malone from William Tucker. Further enlightenment on this transaction is seen in a 1723 survey report which stated " .... 300 acres, ordered to William Tucker from Nathaniel Malone, for whom it was surveyed, on a creek .... next to George Booth, Slowman Wynne ..." We now see why only 5 shillings was mentioned in the above deed from William Tucker to William Malone. This author had assumed before all this information was available to him that this was a deed of gift to William Malone, Sr. 3-1, who was thought to have married Ann Tucker, daughter of William Tucker... With additional information available, it is now easier to distinguish between William Malone 4- 11, son of Nathaniel 3-3 , and William Malone 3-1 who owned land north of the Nottoway River on Southwest(er) Swamp. (See the map on page 24.) This interesting land swap for his son William Malone 4-11 also explains why Nathaniel 3-3 did not leave land to William in his will, as he did all his other sons.

On 9-28-1728 Edward Winfield also received a land grant on the north side of Stony Creek which placed him adjacent to Nathaniel Malone, among others. The last transaction noted in records for Nathaniel Malone 3-3 prior to his will was recorded on 9-16-1730 when "Nathaniel Malone and wife Mary Malone" deeded 98 acres to William Moore. Witnesses were Robert Wynn, John Freeman and Nathaniel Roberson. William Malone, Sr. 3-1 had deeded William Moore property along the north side of Nottaway River on 3-17-1722, and apparently William Moore then lived between Nathaniel Malone 3 -3 and William Malone 3-1 . Robert Wynn and Nathaniel Roberson lived near William Malone, Sr. 3-1, north of the Nottaway River along Souwester Swamp. Robert Wynne was a son of Thomas and Agnes Wynne and a brother of Mary Wynne Malone, Nathaniel's wife, and witnessed both Nathaniel 3-3's and William Malone 3-1's wills. Robert Wynne also owned land along Jones Hole Swamp near Nathaniel and Mary Wynne Malone. In addition, both Robert Wynne and Thomas Wynne, Jr. witnessed the will of William Malone, Sr. 3-1. Robert Wynne also witnessed the will of Nathaniel Malone 3-3. Nathaniel Robertson, who lived adjacent to William Malone, Sr. 3-1 had a son Drury Robertson who married Winefred Malone 5 -24, daughter of William Malone 4- 11 (son of Nathaniel Malone 3-3) and his wife Ann Booth Malone, daughter of George Booth, Nathaniel's next-door neighbor. Nathaniel Robertson's younger son Nathaniel married Winifred Malone 5-10, granddaughter of William Malone 3-1, and daughter of William Malone 4-1.

These facts would suggest that Nathaniel Malone 3-3 and William Malone, Sr. 3-1 were brothers since they were about the same age and lived so close to one another and were so intimately involved and related to the same families, but no documents have been found to prove this hypothesis. It would also seem that Daniel Malone 3-6 living on Jones Hole Swamp was a brother, since he lived in an area where Nathaniel Malone 3-3 also had owned property, and the two were about the same age. Again, this is an unproven hypothesis.

Nathaniel's wife Mary Wynne Malone apparently lived at least to 1730, since she is recorded in a deed with him that year. However, she is not mentioned in his will, and we must assume she predeceased him. Nathaniel Malone's will was written in January, 1732 and proved 3-21-1732. An unfortunate water blot has partially obliterated the will, and the other part is in itself difficult to read. It follows, as best we can decipher:

Surry County, Va. Deed Book 8, Vol. I 1671 - 1750, Part II, p. 268, Will of Nathaniel Malone, signed Jan., 1732; probated 3-21-1732. This will is badly water-stained, and some of the daughters mentioned in the will and some conditions are not readable. Portions in which we can interpolate the words are in parenthesis:

In the name of God I Nathaniel Malone of the Parish of Southwark and the County of Surry in the Colony of Virginia being weak in body but of sound Perfect & disposing mind & memory praise be therefore given to Almighty God and calling to remembrance the uncertain State of this transitory life and that flesh must yield unto death when it shall please God to Call (do ordain this) my last will and testament hereby revoking all other wills & testaments heretofore made. lmprimis My soul I resign to God that ____ thru the merit and mediation of Jesus Christ (my sins might be forgiven). My body I commit to the earth (from whence it was taken to be buried) by my exec. hereafter named and for the (disposition) of my estate I devise & dispose of in the manner following:

Item: I devise to my loving son Nathaniel and his heirs forever my house & lands lying and being on the South side of Sappony Creek in the Parish & County aforesaid Excepting one acre at the hog pen ford just below my dwelling house & also one Negro woman named Judy & one cow to him ye said Nathaniel and his heirs forever.
Item: I devise unto my loving son Drury that one acre of land before excepted at hog pen ford and the plantation where I now live & the land adjoining these according to the bounds following Viz: Beginning at the cart ford of Sappony Creek thence going a (short course) north by hasty Branch ... ect. (The author now abstracts as follows:) to Great Pond, to Pig Quarter on Stony Creek, then down said Creek to mouth of Sapponey Creek. .. But in default of Drury having heirs, land to son Thomas, and in default of his having heirs, to be divided between sons William and Nathaniel. To son Thomas, land up the Sapponey Creek along William Harper's line, 10 pounds and a negro. To son Daniel my house and 200 acres on ye north side of Nottaway River beginning at the mouth of Tommoheton Swamp in Prince George Co, running up the swamp and Nottaway River for 200 acres. To Son-in-law Joseph Harper: my house and 200 acres in upper part of a tract called Tommahelon land and 20 pounds, 2 cows and calves .. Remainder is badly blotted: To daughter Amey ... 1 mulatto named ____. Amey also to keep my daughter Mary until (they marry or come of age) To my daughter ___ Courtney? .... Phoebe? remainder to be equally divided. Executors: some blotted, but can make out Drury and Nathaniel Malone. Wit: Robert Wynne, John Gilliam, Jr.

On 6-15-1733 Nathaniel Malone 3-3 's estate was appraised by John Freeman, John Jackson and William Harper. The appraisal was submitted on 6-20-1733 by Nathaniel Malone, Jr. 4-12, who was the acting executor.

Apparently son Nathaniel, Jr. 4-12 was the next oldest son after William 4-11, followed by Drury 4-15 and Thomas 4-16 and then Daniel 4-14. Of interest in this will is the notation about sons Drury and Thomas. Their legacy was to pass to other sons if they did not have heirs. It is obvious neither of these two men had children in January, 1732. They may have been married, and were of age, but apparently no children were yet born. On the other hand, this restriction did not apply to sons Daniel, Nathaniel or William, nor to his son-in-law Joseph Harper, all of whom we may assume had children by 1732. Son William is not bequeathed land, but, as noted above, was deeded land by William Tucker per arrangement with Nathaniel Malone 3-3 in 1724.

It is remarkable to consider the extent of Nathaniel Malone 3-3' s holdings. Although not continuous, they stretched across the entire eastern border and most of the southern border of what is now Dinwiddie Co. from Jones Hole Swamp above Dinwiddie Co., across Stony Creek, across Reedy Creek, across the Sappony River, and reached across Turkey Egg Creek to the Tommahelon Creek mouth at the Nottoway River. This juncture is almost in the corner of where Amelia Co, Dinwiddie Co, Brunswick Co. and Nottoway Co. join.

Note: See the chart on page 37, showing Nathaniel, his children and grandchildren. Summary:

Nathaniel Malone 3-3 (c 1680-85 VA - 1732 Surry Co, VA) m. Mary Wynne (d. between 1730-1732 Surry Co, VA), dau of Thomas and Agnes (Stith) Wynne. Lived on the Surry Co/Prince George Co. border along Jones Hole Swamp, Turkey Egg Creek, Stony Creek, Reedy Creek and Sappony Creek, north of the Nottaway River, with close ties to George Booth, William Tucker, William Harper, William Moore, Robert Wynne, Thomas Wynne, William Malone 3-1, Nathaniel Robertson and others. His children:

4-11 William Malone (c 1703 VA - 1775/87 Dinwiddie Co, VA) m. Ann Booth (d. 1799,
Dinwiddie Co, VA), dau of George and Mary Booth of Surry/Sussex Co, VA. He was probably the oldest of the sons, as he shows being a landowner in 1724. He received land from his father through a land swap with neighbor William Tucker, and owned land adjacent to his father on the north side of Stony River in Prince George County, but on the county line of Surry County. This land was added to in Prince George County on the line by land grant in 1726. He lived his life out in Prince George-- Dinwiddie Co, VA. For a more detailed documented biography and descendants see the William Malone 4-11 section on page 116.

4-12 Nathaniel Malone, Jr. (c 1712 VA - 12-18-1758 Sussex Co, VA) m. Christian Linnington (d. 3-4-1759 Sussex Co., VA), dau of Edward Linnington (d. 1736 NC). He shows extensive records in Surry Co. and then in Sussex Co. when it was broken off Surry Co. in 1752. Nathaniel apparently already had heirs at the writing of his father's will. He received his father's plantation house on the south side of Sappony Creek in Southwark Parish, Surry Co. Nathaniel, Jr. died in Sussex Co. in the same general area where he was bequeathed land originally. His will was dated 12-18-1758 and proved 7-16-1761. For a documented biography and descendants, see the Nathaniel Malone Section on page 158.

4-14 Daniel Malone was left land by his father on the north side of Nottaway River beginning at the mouth of Tommoheton Swamp in Prince George Co, running up the
swamp and Nottaway River, amounting to 200 acres. This included another plantation
house of his father's. His land was far away from the others on the border of Brunswick
Co. near Amelia and Nottoway Counties. The fact that his land fell into Prince George
Co. is unfortunate, since Prince George Co. and its daughter Dinwiddie Co. records were destroyed in the Civil War. He moved to Lunenburg Co. in the area which became Halifax Co. in 1752. Surviving property tax records in Dinwiddie Co. do not show this
Daniel Malones, indicating an early move, and the children of Daniel Malone's 1795 will
in Halifax Co. reflect the same names as are found in the Nathaniel Malone 3-3 family. This Daniel was not attributed as a son of Nathaniel Malone 3-3 in the first edition of Malone & Allied Families, but it is now believed that he was, due to a better understanding of the location of his property legacy and more Dinwiddie Co, VA
records to examine; For a documented biography and descendants, see the Daniel
Malone 4-14 section on page 172.

4-15 Drury Malone, though of age at the writing of his father's will, was apparently childless, since his land was to revert to his brother Thomas 4-16 if he did not beget heirs. Drury was left land which traversed the Sappony Creek to its junction with Stoney Creek. This land included the plantation house where his father was then living.
Drury ultimately moved to Brunswick ----- Lunenburg --- Mecklenburg Co.s, VA. His sonship is proven by the fact that he sold this very land after moving there, with identical lot description. For his documented biography and descendants, see the Drury Malone 4-1 5 section on page 208.

4-16 Thomas Malone was bequeathed land up the Sapponey Creek adjacent to his brother Drury 4-15 , along William Harper's line. His land was to revert equally to his
brothers William 4-11 and Nathaniel Jr. 4-12 if he did not have heirs. He likewise moved to Brunswick-- Lunenburg-- Meckelnburg Co. with his brother Drury 4-15. The two brothers lived in a close relationship there. Thomas lived until 1807. He is referred to as the brother of Drury in Drury's will. For a documented biography and descendants, see the Thomas Malone 4-16 section on page 213.

4-17 ( Frances?) Malone , wife of Joseph Harper. See the Frances Malone 4-17 section on page 216.

4-18 Amey Malone was apparently the oldest unmarried daughter. She was left a mulatto slave as her inheritance, with the admonition to care for her younger sisters Mary Malone and Courtney (?) until they came of age or married. This part of the will lets us know that Nathaniel's children crossed the line between being of age in 1724 or before, to not being of age in 1732 . No further information.

4-18 Mary Malone is described above. Unfortunately a large water blot has obliterated
this portion of Nathaniel's will, and we really know nothing more of her, except that she
was unmarried and not of age in 1732 . No further information.

4-19 Courtney Malone was difficult for this author to see on a microfilm of the will, but
was noted on examination of the original by Lucille Pleasants back in the l930's,
and is included in the Malone genealogy of Stith Malone Cain. No further information.

4-20 Phoebe Malone (?) is included with a question mark because this author could not
really make out this name with any clarity from a microfilm of the original will. The
late Malone genealogist John Riley Malone stated that this will was read on the
original paper by someone prior to 1920 and the that the names of Courtney and Phoebe could be read. Unfortunately, we cannot verify this at the present time. No further information.


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