| Notes |
Thomas Mustaine arrived in the part of Lunenburg Co., VA, which in1752 became Halifax Co. and in 1767 became Pittsylvania Co., shortlybefore 1750. On the list of Tithables from the "Mouth of Falling River upward for the year 1748 you find the listing "Richard Kennon, Thos.Thurstin, overseer." This could very well be the first record of ThomasMustaine.
In 1750, Thomas Mustein is on the list of William Caldwell, gent,"from the Little Roanoke River up the Fork."
Col. Richard Kennon received 4720 acres, including several oldsurveys on both sides of Stinking River, Daniels Creek, Mill Creek, andPanther Creek in 1749. This is the same area where Thomas Mustain received his land.
In the 1750's Halifax Co. was mostly wilderness. Most people wereuneducated, there were no schools, and for some time no churches. Homeswere small, and built of lumber found on the land. Some did own slavesand some were wealthy. Thomas Mustain appears to be educated. He signed his own name and owned books, leading us to believe he was an educated man.
In 1752, at a Court held in Halifax Co., it was ordered that "Thomas Mustean, Joseph Ironmonger, George Whiffon, and Daniel Smith do appraise the estate of Isaac Cloud, dec'd." (History of Pittsylvania Co. by MaudCarter Clements.) Isaac Cloud had moved into Virginia from the NewJersey area.
Thomas received his first land grant Feb. 5, 1753 from King GeorgeII of England, signed by Robert Dinwiddle. It consisted of 400 acres in Luneburg co., on Poplar Branch of Mill Creek.
He appears in the March Court Record for Halifax Co., VA 1753 as follows: "Petition: That a good road be laid off from Stinking RiverFord to Cody's Ford on Stauton River and John Adams, Leonard Terrence andThomas Musten being first sworn in before Magistrates of this court, viewthe way and report their opinion." (History of Pittsylvania Co. by Maud Carter Clements).
On Nov. 26, 1756, Thomas acquired his second land grant from GeorgeII of England, again signed by Governor Robert Dinwiddle. Again it wasfor 400 acres.."in Halifax Co. on both sides of Stinking River...corner of Lightfoot's crossing Stinking River...crossing a large north branch.."(VA Land Patents, Vol. 34, p. 156). For this land grant Thomas paid 40 shillings.
Another tract was added April 4, 1770, "Jessey Patey (Potty) andDelila (his wife) of Camden Parish, Pittsylvania Co. to Thomas Mustain ofsame for L20 current money, 170 acres on both sides of Nix'sCreek...James Dosses line...up both sides of the creek for quantity." Itwas witnessed by Crispin Shelton, Thos (x) Hardy, Abra. Shelton, SimeionJustice, Jane Shelton. The deed was acknowledged Aug. 30, 1770. (DeedBook 1, p. 514-15, Pittsylvania Co., VA).
The List of Tithes, etc., taken by John Donelson in 1767 lists Thomas Mustein.
Camden Parish, the home parish for Thomas Mustain, was first organized in 1769. James Stevenson, a young minister, who had justreturned from England, where he had been ordained, was a resident of theparish. The Vestry, since they had a resident minister, set about the building of four churches and two chapels to serve a large area, much of which was rugged and mountainous. On July 14, 1769, it was ordered "John Donelson, Crispen Shelton, Thomas Dillard Jr., and Abraham Shelton let to the lowest bidder the building of a church near Thomas Mustain's." Thechurch was not built there after all. At a meeting of the Vestry held onSept. 12, 1769, a change was made in the location of nearly all the churches and chapels. The church that originally was ordered built nearThomas Mustain's was now ordered to be built "at the old muster place between Abraham Shelton's and the Stinking River." This church thereafter appears in the Vestry minutes as the Stinking River Church.
Thomas Mustain appears in the Court Order Books several times overthe next few years.
Order Book 2:90-91 Nov. Court 1772
Thomas Mustain vs. James Faris, Jr. and Joseph Faris...In debt.
Judgment for plaintiff for 7 pounds, 10 shillings, and his costs. Defendants be given credit for 3 pounds paid.
Order Book 2:279 Nov. Court 1773
Thomas Mustain vs. James Faris and John East...judgment granted forforfeit of bond in sum of 6 pounds, 12 shillings, 7 pence with 5%interest per annum from 27 April 1773 until paid along with costs of thismotion.
Order Book 4:141 Aug. Court 1778
Action of trespass by Thomas Mustain against Jesse Patty; Partieshaving agreed, case dismissed.
Order Book 4:448 (also marked 450) Nov. Court 1782
On motion of Thomas Musteen his ear mark, to wit, a smooth crop ineach ear is admitted to court.
Order Book 5:286 (also marked 288) Feb. Court 1786
Claiborne Shelton, assignee of Thomas Mustain vs. James King on apetition. Defendant summoned by not appearing. Defendant's note of 4pounds, 3 shillings, 9 pence. Judgment granted plaintiff in legalinterest and costs from 22 Oct. 1785 until payment. Order Book 3:80 Aug. Court 1787
Thomas Mustain vs. Peter Irby..In debt - Attachment awarded againstdefendant
s estate being returned executed on one looking glass and motion byplaintiff against defendant of 23 pounds, 6 shillings and 8 pence thedebt in declaration with legal interest from 24 June 1786 until paymenttogether with costs of action. Attached effects to be released. Order Book 6:137 Nov. Court 1787
Thomas Mustain granted judgment against Peter Irby for 28 pounds, 3pence with interest and cost from Jan. 18, 1788 until payment - forfeitof bond.
On Sept. 12, 1782, Thomas Mustain sold land to William Payne ofPittsylvania Co. VA: "400 acres lying on both sides of Poplar Branch,for 30 pounds current money." It was witnessed by Abraham Shelton, W.Pace, Daniel Shelton, Newsome Pace, and was recorded Oct. 15, 1782.(Deed Book 6:391, Pittsylvania Co., VA).
On June 17, 1798, Thomas Mustain sold to Benjamin Gosney, 175acres...bounded on both sides by Nix's Creek, for 20 pounds current money.
Thomas Mustain was too old for military service in the RevolutionaryWar but proof of his civil service to the cause, acceptable for D. A. R.membership is as follows:
March 18, 1782...Pittsylvania Co., VA Court of Claims, page 39
Thomas Musten for 1 smooth Bore Gun impressed for the use of theMilitia on their march to join General Green. 1 pound, 12 shillings, 6pence.
Nov. 10, 1783, Thomas Mustain furnished 1 gun for the SouthwardExpedition. Thomas also signed the Oath of Allegiance in 1777.
Thomas Mustain's home is still standing in Pittsylvania Co., VA ,even though it was built nearly 200 years ago. Thomas's home was built ca 1769, his son Jesse built ca 1791, his son Avery, built 1788 and his son-in-law-s father, Littleberry Patterson built his home 1789. These houses are all within 15 miles of each other.
Thomas Mustain willed in 1791, to his son Jesse, 200 acres of the 400 acres where he lived in 1791 and the balance of this place was to be sold. He (Jesse) built his house on this 200 acres but he evidently did not live long as his wife Mary, was listed as a widow in 1797. Avery Mustain was appointed guardian of Jesse Mustain's children and sold Jesse's place in 1803. The rest of the land where Thomas lived, that he requested to be sold was also sold in 1803. John Patterson sold Littleberry Patterson's house in 1801 and it was settled in 1803 also. This appears as they all sold at the same time. (D & W 11, pg. 216; DB13,pg. 362).
Thomas Mustain's birthdate is unknown. Where he lived before 1748 also is unknown. He wrote his will Nov. 6, 1791 and it was probated Nov.25, 1791. He gives his wife's name as Mary, her maiden name is not known. He names his children as: Jesse, Avory, Mary Ann, Salley, Molley, Rebecca, Anna Buckner, Milley Keese, Tabitha Buce, Winny Lewis, Saludy Shelton. His married daughters and son Avory received money from the sale of the land. His son, Jesse, received 200 acres; daughters Rebecca and Molley each received 20 shillings; daughter Mary Ann and Salley each received 10 pounds. He named Joel Shelton and Jesse Mustain as Executors. The will was witnessed by Francis Irvy, Nathaniel Faris,Griffith Dickinson.
Will of Thomas Mustain, 1791 - Pittsylvania Co. VA
Last Will and Testament of Thomas Mustain weak in body.
Dead Book 9, pg 119-120, written 6 November 1791, probated 16 July
1792.
To my beloved wife Mary Mustain, a sufficient maintenance suitable to
her surcomstance, free and undesturbed during her life or widowhood.
To my son Jesse, 200 acres to be taken off the upper end of the tract
where I now live.
The rest of this tract to be sold.
To daughter, Rebeckah and Molly, twenty shillings each from the sale
of the above land.
To daughters Mary Ann and Sally, ten pounds each.
To son Avery Mustain and Daughters Anna Buckner, Milley Keese, Tabeth
a Bruce,
Winney Lewis and Siludey Shelton one equal part of the money from the
sale
of the land.
To Thomas Mustain, son of Jesse Mustain and his wife Jenney, has
promised to live with me and my wife during our lives for which I
give and bequeath unto
the said Thomas Mustain a tract of land on both sides of Nixes Creek,
170 acres.
The balance of my moveable property to be divided among my last six
named children.
Appoint son Jesse Mustain and Joel Shelton executors.
Thoams (X) Mustain
Witnesses: Francis (X) Ivy, Nathaniel Faris, Griffith Dickinson,
Vincent
Shelton and Charles Lewis, Jr. security for executors.
(Submitter note: In the Will of Thomas Mustain when he said " My son
Avery Mustain and daughters..." the daughters he lists are Thomas's daughters, NOT Avery's.)
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, d. Yes, date unknown