Hi, For those of you following the continuing saga of Dorothy Durham and her relationship to the Gilbert family, Gene Rooks just sent me an interesting exerpt from Virginia Colonial Abstracts/Richmond County, Records, 1704-1724 by Beverly Fleet. This is off pages 286-287 and Gene reportedly got the book out of the Orlando, FL public library I believe, some time ago. We come in the middle of something or other, nothing is explained and if anyone has any insight on this, please, jump right in to comment! Note: Glenn Gohr and I are of the opinion Mary Gilbert, widow, was Dorothy Durham's mother and that Dorothy's maiden name probably was not Smoot, although she appears to be somehow connected to William Smoot (with love and affection). For more on this subject, you can request the paper I've just rewritten on this group. Most of the reasoning is from Glenn and can also be read on Alley's Dodson puzzler page (I'll be out of town for the next week). Here goes, the spelling is as written in the abstract, Michelle Ule Robertule@aol.com Ukiah, CA . . . Mills and his Family had Robbed his Chest so that they would not agree upon any meanes that he should Fetch it away, and that they were ashamed of it, and the said James Gilbert [who probably was Mary Gilbert's husband--mdu] said that there was a will made but Swore by God, that he knew not what was in it no more then I did, and your Depo't asked the said James Gilbert whether he was sent for to signe his will, but the said James Gilbert answered swearing by his God, that he did not signe it, and told your depo't that he had not the sense, to make a will, and that John Mills was a Rogue for makeing a false Will, and that that made him and his wife live so discontentedly and further your depo't saith that she see the said James Gilbert in Feb'ry Last to the best of your Depo'ts knowledge, County 15 head of Cattle for fourty". Anne x Kelly her mark. Jurat in Cur 2'd die 9'ber 1704. Recordat Test James Sherlock Cl Cur. p.27. "Lawrence Callahan aged 21 yeares or thereabouts being Examined saith, that your depo't beeing att John Simons his house on a Sabbath Day sometime the Last Summer he heard John Mills and Tho's Landale Talking together, and Thomas Langdale told John Mills that he did not know that he was to be sett Free by his masters will till he had mett Tho White coming from Moratico Mill, and the said John Mills said that It was his mistake not to putt it in but that he should be Free nevertheless And further your depo't saith not". Lawrence x Callahan his mark. Sworne to in Cur 2'd Nov'r 1704". p.27 "Dorothy Durham aged 41 years or thereabouts [at last a birth year for her! 1663!--mdu] saith that sometime before James Gilberts death being in Company of the said James Gilbert and William Smoote amongs others Discourse she heard the said James Gilbert say, to the said William Smoote that he did not know that there was any Resurrection or not , and that he had made a will to John Mills, but that it signified nothing and that your depon't did severall times heare the said James Gilbert say that John Mills was a rogue, and that he nor any of his should ever be the better for what he had And Further your depo't saith not". Dorothy x Durham her mark. Jurat in Cur 2'd 9'br 1704. Recordat Test James Sherlock Cl Cur. p.27-A "John Ingo aged twenty nine yeares doth give upon oath that James Gilbert a small time before his death was att his house and did declare to him that he did Intend to Fetch away his Chest from John Mils house for he said it lay in such nasty condition with hen dung and such like nastiness that he could not well come at his Chest for it and that he was afraid that the Chest of Goods, both would be damnifyed with nastiness and that he did Intend to Fetch the Chest home to his owne house and did sweare bitterly that John Mills nor none of his Family should ever be the better for any thing of his Estate and that the will that he made did signifye nothing and the said John Ingo further saith that a little before James Gilbert was burnt he asked him whether he was not persuaded to make a will or made Drunk when he did make it, and the said James Gilbert answered that he was not, but was as sober as he was att that time, and then the said James Gilbert was sober to the best of your depo'ts knowledge". Jno Ingo. Jurat in Cur 2'd 9br 1704 p.28 "Martha Ingo being sworne and Examined saith that some small time before James Gilberts Death the aforesaid James Gilbert being att your Depo'ts house she did aske the said James Gilbert why he did not alter his will, and the same James Gilbert confessed that he would and att the same time your dep't did heare the said James Gilbet sweare, (by God or Gods Blood) that John Mills nor any of his family should ever be the better for any thing that he had, for he was a Very Rascall or a Rogue which of them your depo't cannot well say, and further the said Martha Ingo saith that a small time before the said James Gilbert was Burnt, she heard her husband John Ingo aske the said James Gilbert whether he was not persuaded to make a will or made Drunk when he did make it and that the James Gilbert answer'd him and said that he was not Drunk but that he was sober". Martha O Ingo her mark. Jurat in Cur 2'd Nov'r 1704 Recordat Test James Sherlock Cl Cur. p. 28 "Will; Smoot saith that to the best of his Judgement that James Gilbert was not in his perfect sences by Reason of fitts which had followed him for several yeares, and I having some discourse with him about a will which he had made to John Mills For to had him altered it and he said he had made a will to John Mills but it signifyed not for it was good for nothing and I advising him to prepare for his End and to make his peace with God and to be reconciled with his wife and he giving very foolish and cross answers, I told him that if he had a mind to have the Sacram't given to him that no minister would give it to him if he did not change his mind and likewise I asked him if he thought there was a Resurrection or not and he said he did not know, and that he did not goe to Church nor would not yeild to have any reading to him in his sickness nor att other times did not care for it as ever I could understand but it was his delight to be in the woods with his Gunn on the Sabbath Day", Will Smoot. Jurat in Cur 2'd 9'br 1704. Recorded Test James Sherlock Cl Cur. p, 28-A. "John Rankin aged thirty Eight yeres or thereabouts being examined and sworne saith that about three years ago or thereabouts saith that your depon't being in the woods with Mr. George Davenport neare unto your depot's plantation, John Mills Sen'r mett there with your depo't and said to your depo't that James Gilbert late dec'ed was going to live up in Stafford, and the said Mills did request your depo't to perswade the aforesaid Gilbert not to go. Immediately while the said Mills was in your depo'ts Company the said Gilbert came into the aforesaid Company and your depo't did by his advice att that time perswade the said Gilbert not to go nor did the said Gilbert ever go and further your depo't did some short time after meet with the said Mills and the said Mills said that the aforesaid Gilbert did Intend to gett your depo't to write the said Gilberts Will, but your depo't never did, some considerable time after your depo't mett with the said Gilbert and after some discourse the said Gilbert said to your depon't that that will that he had made to young Mills signifyed nothing and some time before the said Gilberts death about ten days, your depon't went to see the said Gilbert att his house and amongst some other discourse the said Gilbert told your depo't that the aforesaid Will signefyed nothing and further your depo't sayeth not". Jno Rankin. Jurat in Cur 2'd 9ber 1704. Recordat Test James Sherlock Cl Cur. [Note: depo't appears in the above entury 14 times. B.F.] Michelle's observations: These discourses appear to be contesting a will written for James Gilbert in which John Mills either got his freedom, or received materially after Gilbert's death (which apparently was the result of a burn?). There seems to be some question that Mills may have altered the will in his own favor and that Gilbert knew there was a problem but did nothing to change the will (I haven't seen this will). Gilbert appears to have been an irreligious man, more happy in the woods with his gun than at church on Sunday and not particularly concerned about his afterlife (according to Smoot). Mills also appears to have been involved somehow in the disharmony with which Gilbert lived with his wife (Mary, right?). We don't know how Smoot was involved, but we know Smoot witnessed the deed Mary Gilbert signed in 1707. Of course if we found that will, we might know a little more about the Durham/Smoot/Gilbert relationships. :)