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The Virginia Genealogist Volume 3, 1959 [John Frederick Dorman], page 60
The Rev. Horace Hayden in his Virginia Genealogies, page 157, makes multiple errors in regard to this
family. He states that Col. Gerard Fowke died testate in Fauquier County in 1781. This is untrue; his widow
died testate in Fauquier County in 1781 and his son Gerard Fowke, Jr., died intestate in Fauquier County in
1781. This misidentification and error led Hr. Hayden to other errors and it must suffice here to correct
these with the following records.
The will of Colonel Gerard Fowke of Pasapatanzy, Stafford County, was dated 31 January 1766 and admitted
to probate before the Stafford County Court at May Term 1770. It was recorded in Will Book "N" (1767-1783),
page 77, according to the Old General Index to Stafford County records which is now in the Clerk's Office, but
this book is missing. A cert if:' ed copy of Col. Fowke's will remains of record, however. He appointed his wife
Elizabeth Fowke his executrix and his brother Chandler Fowke, son William Fowke, and friends Mr. Thompson Mason and Mr. William Bronaugh, executors.
===
Fauquier Co Va Minute Book 1771-1772 (page 313)
Fauquier County Court 24th of June 1771
agreeable to their true value and report thereof to the Court
- SARAH FOWKE, Plt. agt. ELIZABETH FOWKE, Executrix & Devisee of GERARD FOWKE, Gent., deced., Deft. In Chancery. By consent of the parties, this Cause is set for hearing on the Bill and Answer this day filed, And it is decreed and ordered that WILLIAM BLACKWELL, WILLIAM EUSTACE and WILLIAM GRANT, Gent. set apart one moiety of the increase of the Negro, Pallas, in the Bill mentioned, to the Plt.'s use and report thereof to the Court
===
Fauquier Co Va Minute Book 1773-1775 (page 70)
Fauquier County Court 24th of August 1773
- ELIZABETH FOWKE, Executrix and Exor. of GERARD FOWKE, deced.
Plt. agt. FRANCIS DAY and THOMAS ALLEN, Defts. In Debt
By consent of the parties, all matters in difference between them relative to this suit are referred to WILLIAM GRANT, Gent., and his award to be the Judgment of the Court
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Fauquier Co Va Minute Book 1773-1775 (page 148)
Fauquier County Court 29th of March 1774
- CHANDLER FOWKE, Exor. &c. of GERARD FOWKE, deced., Plt. agt FRANCIS DAY, Deft. In Debt
The person appointed to arbitrate the matters in difference between the parties returned his report in these words, to wit. "I have settled the Accounts between FRANCIS DAY & MRS. FOWKE, Executrix, &c. of GERARD FOWKE, deceased, and find a ballance due Major FOWKE's Estate of four hundred and eleven pounds of crop tobacco with Interest from the thirty first day of March 1760.
WM. GRANT
Therefore it is considered by the Court that the Plt. recover against the said Deft. seven thousand six hundred and twenty two pounds of crop tobacco, the Debt in the Declaration mentioned, & his costs by him in this behalf expended, and the said Deft. in mercy, &c. But this Judgment is to be discharged by the paiment of four hundred pounds of crop tobacco with Interest thereon to be computed after the rate of five percentum per annum from the thirty first day of March 1760 til paid and the costs
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Fauquier Co Va Minute Book 1779-1782
Fauquier County Court 22d of June 1780, page 460
- On the motion of ELIZABETH FOWKE, it is ordered that CUTHBERT BULLITT, THOMAS ROY, PETER GRANT and DANIEL BRADFORD or any three of them, divide the Estate of GERARD FOWKE, deceased, agreeable to his Will
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Fauquier Co Va Minute Book 1779-1782
Fauquier County Court 28th of May 1781, page 10
- The Division of the Estate of GERARD FOWKE, Gent., deced., was returned and ordered to be recorded
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Fauquier Co Va Minute Book 1779-1782, page 11
Fauquier County Court 28th of May 1781
- MARY FOWKE, WILLIAM FOWKE, WILLIAM PHILLIPS and ELIZABETH his Wife, GERARD FOWKE and CHANDLER FOWKE, Plts. agt. ELIZABETH FOWKE, Widow of GERARD FOWKE, Gent., ENFIELD FOWKE, GEORGE FOWKE and ROBERT DINWIDDIE FOWKE, Defts. In Chancery
ELIZABETH FOWKE was appointed Guardian to GEORGE FOWKE and ENFIELD FOWKE who are Infants under the age of twenty one years, to defend them in this suit, And by consent of the parties, it is decreed and ordered that the Division of the slaves and cattle so far as has been made by CUTHBERT BULLITT, DANIEL BRADFORD and THOMAS ROY stand valid and confirmed and that upon the death of the said ELIZABETH FOWKE, the slaves, cattle and other personal Estate not divided be equally divided among MARY FOWKE, WILLIAM FOWKE, ELIZABETH PHILLIPS, GERARD FOWKE, CHANDLER FOWKE, ENFIELD FOWKE and GEORGE FOWKE
===
Fauquier Co Va Minute Book 1779-1782, page 23
Fauquier County Court 22d of October 1781
- GEORGE FOWKE, Orphan of GERARD FOWKE, deceased, chose WILLIAM PHILLIPS his Guardian who executed and acknowledged Bond as the Law directs
===
1759-1783 Fauquier County, Virginia Will Book 1; [John K. Gott];
GERARD FOWKE, GENT. (Division)
Date: 26 July 1781
Div. by: Cuth't. Bullitt, Thomas Roy, Dan'l. Bradford
Details: ... divided bhe Estate .. agreeable to his last Will with the consent of his Widow Mrs. Elizabeth Fowke and assigned and allotted to each of the Children their parts of the Slaves and Cattle except to Mr. Robert Dinwiddie Fowke who had before received his full part .. and to Mrs. Sarah Roy who had received her part of the Slaves, the Cattle being equally allotted and divided we proceeded to allott and divide the Slaves as follows:
Miss Mary Fowke (3, slaves)
Mr. William Fowke (4 slaves)
Mrs. Elizta. Phillips (3 slaves)
Mr. Gerard Fowke (3 slaves)
Mr. Chandler Fowke (4 slaves)
Mr. George Fowke (4 slaves)
Miss Enfield Fowke (3 slaves)
The remainder of the Slaves and five head of Cattell being retained by the Widow Mrs. Elizabeth Fowke for her support and to be divided at her death among all the children except Robert & Sarah the following Cattell Mr. Robert Fowke having already received his full proportion ...
Retn: 28 May 1781
===
1729-1748 Stafford County, Virginia Will Book M; [Antient Press]; Page 115 [Page 427- 428]
in Name of Cod Amen I CHANDLER FOWKE of Stafford County being sick but in perfect sound and „ do make this to be my Last Will and testament.
First I give my soulto god and my body to the Earth.
Item I give to my son GERARD FOWKE all my land at the Indian Town & at the Hope and that where he now lives on which I bought of HOWSON HOOE I give all the aforesaid Laid to him and his heirs forever.
Item I give also to my son Gerrard Fowke all that part of my personal Estate that he hath and is now in possession of and my watch and my wearing apparrel of what kind so ever to the said Gerrard Fowke and heirs. Item. I give this tract of land I now live on to my two sons CHANDLER RICHARD FOWKE to be equally divided in Quantity from the River side to the back line and my son Chandler Fowke to have the lower part & my son Richard the upper part which land I give to them and their heirs forever, and all the rest of my Estate both real and personal to be equally divided among my children CHANDLER, RICHARD & ELIZABETH, ANNE & SUSANNAH FOWKE to them and their heirs forever. I appoint my loving wife MARY FOWKE, Gerrard Fowke, Mr. JOHN MERCER & Mr. RICHARD FOOTE & JOHN ALEXANDER & my son Chandler Fowke
Exers. of this my last will .. this 9th day of February 1744/5.
Presence Henry Washington,
William Sebastin, John Foley Junr. Chandler Fowke
At Court held for Stafford County May the 14th 1745 Last Will .. presented by Mary Fowke and Gerrard Fowke two of the Executors mentioned .. proved .. admitted to record. Cert given for obtaining a probate In due form and the said Mary refused to abide by the said will & chose her thirds
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1729-1748 Stafford County, Virginia Will Book M; [Antient Press]; Page 137 [Page 522- 523]
At Court held for Stafford County
October 13, 1747 Inventory admitted to record.
Dr - JOHN FOWKE of Maryland - 1745 -
To John Fowkes board and maintenance for two years, paid JOHN FOLEY for finishing the crop,
To JOHN CANNON ..
Cr - 1745 Cash reced of Mrs. ANN FOWKE
E. E. August 11th 1746 Ann Fowke
1746 Tobo delivered, By Capt. GERRARD FOWKE., By WILLIAM SEBASTAN
E. E. August 11, 1747 p Ann Fowke
At Court held for Stafford County August 11, 1747 Anne Fowke Guardian to the within named John Fowke produced her account .. ordered to be recorded.
===
Fauquier Co Va Deed Book 6
Pages 446-447. 17 September 1777. Agreement. Robert Dinwiddie Fowke ack. his indebtedness to Elizabeth Fowke, widow of Gerard Fowke, Esq. late of Staff. Co. .. L5000 .. 17 Sept. 1777 .. R. D. Fowke entered into the above bond with Elizabeth, Executrix of the est. of Gerard Fowke, dec'd. for the am't. rec'd. to he his share of his father's estate .. however, he has since become discontented with his bargain and in order to keep peace in the family they entered into a new agreement. The above agreement to be void, if he receives 5 slaves, 13 cows & calves, feather bed & furniture. Signed: Robert Dinwiddie Fowke. Wits: Wily Roy, William Baker, William Bradford, Gerard Fowke, Thomas Respress, Jr. Rec: 23 Mar. 1778, prov. by o. of Roy & Fowke, wits.
===
Fauquier Co Va Minute Book 1775-1779 (page 308)
Fauquier County Court, 23d of March 1778
- A Bond from ROBERT DINWIDDIE FOWKE to ELIZABETH FOWKE was proved to be the act and deed of ROBERT DINWIDDIE FOWKE by the Oaths of WILY ROY and GERARD FOWKE, witnesses thereto, and ordered to be recorded
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