SARAH GILLIAM MAGRUDER
SARAH MAGRUDER
WIFE OF
ALLAN B. MAGRUDER
AUGUST 30, 1819
OCTOBER 8, 1895
3/25/2001 Inventory found this stone had once fallen from its base but is now secured. A large triangular piece is missing at the lower north corner. Deep holes and wide vertical cracks have formed at the bottom of the stone where it meets the base.
1/7/2004 Stone found broken from base and on ground.
Daily Progress 10/9/1895 The remains of Mrs. Allen B. Magruder, who died at the residence of Mrs. John Yancey, near Yancey's Mill, were brought here this afternoon at 4 o'clock and interred by the side of her husband in Maplewood cemetery. Mr. and Mrs. Magruder at one time resided in Charlottesville where they were well known.
17 February 1843 ACDB 40/223 Recorded: 1 March 1843
This Indenture, made this 17th day of February, in the year of our
Lord 1843 Between Jms. W. Goss and Jane[?] A., his wife of the County of
Orange, State of Va of the one part, and Allen B. Magruder of the Town of
Charlottesville, of the other part: Witnesseth that the said Goss and wife
forever in consideration of the sum of _____ dollars to them in hand paid,
the receipt whereof is hereby acknowledged, have granted, bargained, sold
and conveyed and by these presents do grant, bargain, sell and convey unto
the said Magruder, his heirs and ___ forever, two certain lots of land
adjoining the Town of Charlottesville and ____ and designated in the plan
of said Town, laid off by Edmund Anderson as lots Nos. 38 & 39, containing
by a late survey two acre and ten square poles together, adjoining one another
with all and singular the premises, tenements, ___, improvements and appurtenances
to them in any __ belonging, being the same lots on which the said Goss lately
resided, and which were sold and conveyed to him by Frank Carr of the County
of Albemarle as offered by his deed to said Goss, dated the 23rd day of July
1835 and recorded the same day (which deed was recorded in the County Court
of Albemarle in Book No. 32 page 377) which said lots with their each ____,
their location, and position ____ particularly described in said deed last
mentioned, reference for greater certainty being had there....[etc.]
Signed: James W. Goss
Jane A. Goss
22 August 1850 ACDB 49/302 Recorded: 27 February 1851
This Indenture made this 22nd day of August 1850 Between A. B.
Magruder and Sally, his wife, of the one part and Sarah Gilliam of the other
part: Witnesseth that for and in consideration of the sum of two thousand
dollars to them in hand paid, before the sealing and delivery of these presents,
the receipt whereof is hereby acknowledged by the said Gilliam the said Magruder
and wife, they the parties of the first part have bargained sold and conveyed,
and by these presents do bargain sell and convey unto the said Sarah Gilliam
and her heirs forever, two certain lots of land lying and being in the town of
Charlottesville and designated in the plat of said town as Lots No. 93 & 94,
with the dwelling house and other tenements and buildings and appurtenances
thereof being the same now owned and occupied by said Magruder & conveyed to
him by deed of Bargain & Sale from James W. Goss & wife, which deed bearing
date the 17th day of February 1843, is of record in the Clerk's Office of the
County Court of Albemarle...[etc.]
Signed: A. B. Magruder
Sally Magruder
17 February 1851 ACDB 49/303 Recorded: 27 February 1851
Whereas, Sarah Gilliam of Elizabeth City County, Virginia is desirous to
make a suitable provision for the comfort, support and maintenance of her daughter
Sally Magruder, wife of A. B. Magruder, of Charlottesville, Virginia and whereas
the same Sarah Gilliam being entitled under the will of her late husband Richard
Gilliam of Hampton to the use for life of _____________ of the estate left by
him ______ in fee to his said daughter and her issue in case they survive said
Sarah Gilliam, and whereas, the said Sarah has appropriated from the said ____
with the consent and approbation of said Magruder and wife the sum of two thousand
dollars to the purchase of the House and lots and appurtenances situated in
Charlottesville now occupied by said Magruder and conveyed by him and said Sally,
his wife, to said Sarah Gilliam by Deed dated 22 August 1850 reference for greater
certainty being had thereto and the said Sarah Gilliam now desiring to settle the
said property on said Magruder and wife and their children as may be most ____
to their interests, and may best promote the wishes and intentions of the testater
Richard Gilliam decd.
Now this indentiture made and entered into this 27th day of August 1850,
between Sarah Gilliam of the first part, James W. Saunders of the second part,
and A. B. Magruder & Sally his wife, of the third part: Witnessth that for and
in consideration of the promise and of the natural love and affection which the
said Sarah cherishes for her said daughter and her children, and for the further
consideration of ten dollars, to her in hand paid, She, the said Sarah Gilliam
doth hereby give, grant, transfer and convey unto the said Saunders of the
second part, the said house & lots & appurtenances so acquired by her as
aforesaid, and which are particularly described in the said Deed of Bargain &
Sale, references being had thereto to have and to hold the said house and Lots unto
the said Saunders, and his heirs and assignees forever--
And the said Sarah Gilliam covenants to & with J. W. Saunders and his heirs that
she will warrant generally the property hereby conveyed: Upon trust, nevertheless,
and for the following uses & pruposes & none other,
1st That the said Trustee shall hold the said property for the use & benefit
and shall permit the same to remain in the possession and occupancy of said
Magruder & wife during their joint lives, and afterwards during the life of the
survivor of them, with remainder to the present and any future issue of said
Magruder & wife and to the survivors of such issue. Provided such issue should die
under age, unmarried & childless if married or of full age, the share or interest of
such ____ one to be disposed of as she or he may appoint by deed or will (notwithstanding
____) and in default of such appointment, to discend to the heir at Law,
2nd That such interest and estate of said Magruder & wife shall be held free
and discharged of all debts and liabilities whether present or future, of them or
either of them, or of the survivor of them.
3rd That in the event of its being deemed expedient or desirable to sell
the whole or any part of said premises __ property, the said Trustee shall have
power to do so, with the consent of said Magruder & wife, or the survivor of them
manifested by their request in writing, in which event a deed from said Trustee
& said Magruder & wife, or the survivor, shall convey a valid title to the
purchaser. If such sale be had the said Trustee shall proceed at once, with the
like consent, to invest the proceed in the purchase of other real estate which
shall be held subject to the uses and purposes declared in this deed--
4th That with the like consent, the said Trustee may & shall rent or lease
the said property and premises and apply the ___ proceeds to the uses and purposes
hereintofore mentioned.
In testimony thereof the parties have hereto set their hands & seals
this day...[etc.]
Signed: Sarah Gilliam
James W. Saunders
A. B. Magruder
Sally Magruder
22 August 1863 ACWB 27/330 Recorded: 24 November 1863
This is to certify that on the 22nd day of August 1863, I sold
at public auction the House and lots in the town of Charlottesville held
by me in Trust for the benefit of Allen B. Magruder and wife Sarah Magruder,
for life with remainder to their children under the Deed of Trust from Mrs.
Gilliam and that Thomas W. Wood became the purchaser there of being the
highest bidder, at $8,000 payable upon the execution of the title deed
interests in current funds.
Signed: James D. Jones, Trustee substituted in the place and stead of
J. M. Saunders, decd.
[Jones appointed Trustee for the decd. Saunders by Chancery Court of Albemarle County 8 July 1863]5 September 1863 ACDB 60/339
Whence by a certain deed of trust and settlement dated 27th day of
August A D 1850 and duly recorded in the Clerk's Office of the County Court
of Albemarle County, Virginia Sarah Gilliam did convey for & in consideration
of certain good & valuable covenants and reasons therein recited, to James W.
Saunders as Trustee, a certain dwelling house & premises and appurtenances
thereto belonging together with two certain lots of ground on which the same
were situate lying and being in the Town of Charlottesville and designated on
the plat of said town as lots No. 93 and 94, being the same lots formerly owned
and occupied by James W. Goss, in Trust for the use and benefit of A. B.
Magruder & Sarah his wife, during their joint lives with remainder to the issue
of said Magruder & wife, under certain stipulations and agreements in said Deed
of Trust, reference to which, for greater certainty is hereby made thereto &
whereas, the said James W. Saunders, Trustee as aforesaid hath since departed
this life having taken upon himself in his lifetime the execution of the said
trust & whereas certain proceedings have been duly had in the County Court of
Albemarle County aforesaid, to obtain the appointment of another Trustee in lieu
of the said Saunders, decd. & the said Court having in pursuance of the Act of
Assembly of Virginia in that case provided by its decree dated the eighth day
of July in the year 1863, constituted and appointed James D. Jones of the County
aforesaid Trustee to act pursuant to the provisions of the said trust ___ in
place of said Saunders, decd, and whereas it is provided by one of said covenants
& stipulations in the said Deed, that in the event of its being deemed expedient
or desirable to sell the whole or any part of the said property or premises,
the said Trustee shall have power to do so, with the consent of said Magruder &
wife or survivor of them manifested by their request in writing in which event
a deed from said Trustee & said Magruder & wife or the survivor shall convey
a valid title to the purchaser, and the said Magruder & wife having declared
in writing their desire & request that the said premises & property should be
sold and the said Jones, Trustee as aforesaid, pursuant to said request having
posted the same to sale, on ___ previous notice thereof at which said sale,
Thomas W. Wood having become the purchaser thereof, being the highest bidder
therefore & for ___ price of eight thousand dollars ($8,000) in cash and desiring
the conveyance of a valid title to said house & lots & premises.
Now therefore, This Indenture made this 5th day of September A D 1863,
by and between James D. Jones, Trustee as aforesaid and A. B. Magruder and
Sarah his wife of the one or first part, and Thomas W. Wood of the other part,
Witnesseth, that for and in consideration of the premises and the sum of eight
thousand dollars to them in hand paid, receipt thereof is hereby acknowledged,
the said parties of the first part do hereby grant, bargain sell & convey unto
the said Wood & his heirs forever the said Dwelling house & lots and premises
and appurtenances & which are particularly described & set forth in the several
deeds of conveyance respecting the same which are duly recorded in the Clerk's
office of Albemarle County...[etc.]
Signed: Jas. D. Jones Trustee
A. B. Magruder
Sarah Magruder
[A. B. and Sarah Magruder signed from Lincoln County, North Carolina.]
26 April 1884 ACDB 83/396
By Deed dated 27 August 1850 and recorded in the clerk�s office in the
County Court of Albemarle county Virginia, Mrs. Sarah Gilliam conveyed certain
premises in the town of Charlottesville consisting of two lots numbered in the
plan of said town 93 and 94 to James W. Saunders in trust for the use and benefit
of her daughter, Mrs. Sarah Magruder and her husband, Allan B. Magruder during
their joint lives and afterwards for the use of the survivor of them during his
or her life, with remainder to their descendants according to the limitations
and provisions in said deed expressed, which deed for the better understanding
of this paper is to be referred to, the same being recorded at page 303 of
Deed Book 49 in the Clerk's office ____. The said Deed gives authority to the
trustee "in the event of its being deemed expedient or desirable to sell the
whole or any part of the said premises and property with the consent of
said Magruder and wife, or the survivor of them, manifested by their consent
in writing -- and the trustee is authorized on such sale to make a conveyance
to the purchaser, the said Magruder and wife uniting therein." The said James
H. Saunders having died, the County Court of Albemarle by a decree rendered on
the 8th day of July 1863, in the Chancery suit of Allan B. Magruder and wife
Magruder appointed James D. Jones trustee under the said deed in the place and
stead of Saunders and with all his rights, powers and duties as such trustee.
The said James D. Jones assented to the appointment and assumed the trust
which it devolved on him.
And the said Allan B. Magruder & Sarah his wife having in a paper writing
dtd 27 July 1863 authorized and requested the said trustee Jones to make a sale
of said property either at public auction or privately. The said trustee Jones,
accordingly made sale at public auction to Thomas W. Wood to whom
said property was duly conveyed by deed dated 5 Sept 1863, duly executed
by said Jones as trustee and by said Magruder & wife. The price paid by said
Wood for the property was eight thousand dollars in Confederate currency. But
the deed of trust from Mrs. Gilliam under which said James D. Jones was acting
provided that in the event of a sale, the trustee with the consent in writing
of said Magruder & wife, should invest the proceeds in the purchase of other
real estate to be held subject to the trust and purposes declared in the deed.
In pursuance of this requirement and with the consent in writing of the
said Allan B. Magruder and wife, the purchase money , the sum of $8,000 in
Confederate Currency was, as promptly as possible invested in the purchase of
real estate in Gaston County, North Carolina and in the improvement thereof
necessary for the comfortable occupation and successful cultivation of the farm.
The said property, called �Gleneva� containing 267 acres of land, was conveyed to
said Jones as trustee as aforesaid, by deed from Leonard E. Thompson, which deed
was duly recorded in the proper office of Gaston County, North Carolina. This
purchase was made at the instance and request of said Allan B. Magruder and
wife and through the instrumentality of the former, upon whom the trustee relied
as to the condition of the title. That, at the time of the purchase, there was
every reason to believe was entirely secure and good, and so it seemed to be for
a number of years during which said Magruder and wife had quiet and peaceable
possession, and in the full enjoyment of the property deemed it a most fortunate
investment of the trust fund. But about the year 1877 suit was instituted by
the heirs of Yates and McIntire against said James D. Jones trustee and others
in the U. S. Circuit Court of North Carolina at Charlotte NC to recover said
property by reason of an alleged title paramount.
After a protracted and of course somewhat expensive litigation, and as the
final result by the advise of counsel and with the full consent of the ________ the
said James D. Jones agreed to a compromise of the controversy in December 1883.
Upon terms provided by the sale of the property by commissioners appointed for the
purpose, the balance of the proceeds of sale after paying commissions and cash and
expenses of sale to be divided as follows: The Plaintiff to receive eleven
thirtieth (11/30) and the trust fund represented by the said James D. Jones,
nineteen thirtieth (19/30) thereof. The costs of the suit to be divided between
the parties, the Plaintiffs to ____ one half thereof and the defendants one half,
the Plaintiffs waiving any claim for rents. For a better understanding of the terms
of the compromise, reference is here had to the order entire in said cause on the 14
day of December 1883. The sale of the property has been effected at the price of
$11.05 per acre and a portion of the proceeds, to wit, two hundred seventy five
dollars ($275) has been paid over to the trustee, out of which he refunded to said
A. B. Magruder the sum of twenty dollars ($20) advanced by him to pay retaining fees
of counsel to represent the trustee in the suit.
At the time of the sale of the Charlottesville property and the investment
of the proceeds in the North Carolina farm, most of the beneficiaries under the
Gilliam deed were minors. Now however they are all of age tho one of the children
of Mr. and Mrs. Magruder. viz Emily A. has since intermarried with Robert E. Gibson.
Before her marriage and whilst all of the children aforesaid with the exception of
Helen C. Magruder, were under twenty one years of age. The said Allan B. Magruder
and wife and all of their children, signed and delivered to said James D. Jones
a writing under seal fully approving and ____ his acts as trustee in selling the
property in Charlottesville and buying in North Carolina. Since that time however,
the litigation and compromise aforesaid have taken place and all the parties
desiring to afford Mr. Jones full protection and indemnity in respect to all that
he has done or permitted to be done in relation to the trust subject, the occasion
is deemed a proper one for the execution of a new agreement which shall be binding
on those who were not ___ juris when the former paper was given. And a doubt
being _____ as to whether that paper was so executed by Mrs. Magruder as to be
binding on her this will also be executed by herself and husband.
Now therefore this deed or agreement made this 26 day of April 1884 between
Allan B. Magruder and Sarah Magruder his wife, Robert E. Gibson and Emily A, his
wife, Julia Magruder and Eva Magruder of the first part and James D. Jones of the
second part, Witnesseth that the parties of the first part, in consideration of
their entire approval of and satisfaction with said James D. Jones� management of
the trust subject aforesaid down to the present time, in whatever form it has
existed, and influenced by the thorough conviction that the whole of such management
has been prompted by the knowledge that it was in accordance with the wishes of
the said Allan B. Magruder and family and the belief that it would conduce most to
the promotion of their comfort and happiness, hereby release and renounce jointly
and separately all claim against the said James D. Jones on account of any loss
which has resulted or may hereafter result from any action or omission of his ____
the trust subject as to this time. And as to any interest to which the said Allan
B. Magruder and Sarah his wife, or the said Robert E. Gibson and Emily A. his wife,
or any or either of them, ___ be entitled in such portion of the trust subject
as has been lost, should the same be recovered of the said James D. Jones,
they the said Allan B. Magruder and wife and Robert E. Gibson and his wife,
hereby release and convey the same unto the said James D. Jones.
And the said Allan B. Magruder, Robert E. Gibson, Julia Magruder and
Eva Magruder, hereby covenant and agree jointly and ___ with the said James D.
Jones that they will fully protect and indemnify him, his heirs and executive
or administrator from and against any and every claim which any child or other
descendant of said Sarah Magruder may at any time hereafter assert against said
Jones in his life time or his estate after his death in which to any loss resulting
to the trust property from anything which the said Jones has done or omitted to
do, at any time from to this date in connection with his management of said trust
property.
Signed: Allan B. Magruder (Notarized County of Frederick, VA)
Sarah Magruder (Notarized County of Frederick, VA)
R. E. Gibson (Notarized County of Cabarrus, NC)
Emily A. Gibson (Notarized County of Cabarrus, NC)
Julia Magruder (Notarized County of Frederick, VA)
Eva Magruder (Notarized County of Frederick, VA)
[Daughter Helen, a catholic nun, is alive at this time but not included in this
agreement???]
18 April 1891 ACDB 95/371
This deed made the 18 day of April 1891 between Robert E. Gibson and
Emily A Gibson his wife, Julia Magruder and Helen Magruder the three last named
being the only surviving children of Allan B. Magruder decd. and Sarah his wife
who survives him, parties of the first part, and the said Sarah Magruder, widow
of the said Allan B. Magruder, decd. party of the Second part, witnesseth that in
consideration of one dollar ($1.00), the parties of the first part do grant unto
the said Sarah Magruder party of the second part all of their right title and
interest as __________ in and to the proceeds of the sale of the house and lot
in Stephens City Frederick County, Virginia held by James D. Jones, as substituted
trustee for the benefit of said Allan B. Magruder, his said wife and their children
and recently sold to C. M. Perry.
Signed: R. E. Gibson (Notarized Caberrus Co. VA)
Emily A. Gibson (Notarized Caberrus Co. VA)
Julia Magruder (Notarized Caberrus Co. VA)
Helen Magruder (Notarized City of Newark, County of Essex, NJ)
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