4th Generation: Philip Grymes

Born: March 11, 1721
Married: Mary Randolph, December 8, 1742 at Williamsburg1
Married:
Died: 1762 in Middlesex County
Burial:
Will: In his will, Philip Grymes left Brandon to his wife Mary Randolph. Reflecting the laws of the time where males controlled all property after marriage, his will also included a provision to ensure his wife owned her clothing: "I give unto my said Wife all her wearing apparel, Watch, Rings, Jewels..."

He gave his eldest daughter Lucy 1,000 pounds. Younger daughters Susanna and Mary got 800 pounds apiece. When he had a third daughter in 1761, he added a codicil giving her 800 pounds as well.

His children were not yet 21 when he wrote his will in 1756. He appointed his wife guardian for the three daughters; his last child "Betty" was not born until 5 years later, when Philip Grymes was 41 years old. He appointed his brothers Peyton Randolph and Benjamin Grymes guardian for the four sons.

His oldest son Philip Ludwell Grymes received "all the rest and Residue of my Estate both real and personal not herein disposed of," including control of Brandon after his mother Mary Randolph died.

Second son John Randolph Grymes received the property in King & Queen County plus the mill in Middlesex County "together with all the Slaves, Stocks of all kinds and other Goods, and chattels whatsoever belonging to the said lands at the time of my death."

Younger sons Charles and Benjamin received the lands in Culpeper County "with all the Slaves, Stocks of all kinds and other goods and chattels whatsoever belonging to the said Lands and Plantation," and Philip noted "my Intention is to place and settle on those Lands in the County of Culpeper before my Death at least fifty working slaves."

The complete will:2

In the name of God Amen, I Philip Grymes of Brandon in the County of Middlesex being in good health and of sound mind & memory do make this my last Will and Testament in the following manner. My Soul I commend to Almighty God hoping for his most gracious Acceptance of it & Pardon for my Sins through the Merits and Intercession of Jesus Christ my Saviour & Redeemer. My Body I desire may be buried in the Church Yard near my dear Relatives with Christian Decency but as little ceremony as possible. I desire that Prayers only may be read, having observed, that Funeral Sermons are generally prostituted by fulsome Flattery and too often by untruths, not the least Regard being had to the Sacred Place and divine Presence in which they are delivered. I direct that there be no outward show of Mourning made Use of among my family, my wife only excepted, who may conform to the common Custom if she pleases, nor will I have any Tomb erected over me. As to my worldly affairs. First I will that all my Debts be duly and punctually paid.

Item. For the Support and Maintenance of my dear and well beloved Wife, I give unto her the Use and Occupation of my Mansion House and Plantation called Brandon with all the Outhouses Gardens, Orchard & Appurtenances, the Use of all my Servants and Slaves usually employed about the House & Gardens, and of all my Plate and Household Furniture of all Kinds and my Coach and Horses during her Widowhood. I give unto my said Wife all her wearing apparel, Watch, Rings, Jewels and all other Parapharnalia whatsoever. I also give unto my said Wife during her natural Life out of the Increase of my Estate a full third Part of the Provisions raised and Crops of all kinds made in the whole Estate, in Specie, she contributing one third of the charges & expenses in maintaining the Negroes and supplying the Plantation with all Things necessary for their support and Improvement and to the paiment of my Debts. And I do hereby declare that what I have hereby given unto my dearly beloved Wife is and shall be taken to be in Lieu Recompence & full satisfaction of and for all her Dower and Thirds in all or any of my Lands Tenements & Hereditaments and of whatsoever else she might claim or demand in and out of any of my Estate Real or Personal.

Item. I give and devise unto my eldest Daughter Lucy One Thousand Pounds and to my two younger Daughters Susanna and Mary Eight Hundred Pounds apiece when they shall respectively attain the age of Twenty One Years or marry, but if either or all of them should die before one of the Contingencies happen then the Legacy or Legacies of such Daughter or Daughters so dying shall fall into my Residuary Estate and be subject to the Dis- position hereafter made.

Item. I give and devise unto my second son John Randolph Grymes and his Heirs forever all my Messuages Plantation Lands Tenements and Hereditaments with the Appurtenances lying and being in the County of King & Queen and all the Slaves, Stocks of all kinds and other Goods and chattels whatsoever belonging to the said lands at the time of my Death. I likewise give and devise unto my said son John Randolph Grymes and his Heirs for ever all my Lands Tenements and Hereditaments with the Mill and all Appurtenances lying and being near the upper End of Middlesex County together with all the Slaves, Stocks of all kinds and other Goods, and chattels whatsoever belonging to the said lands at the time of my death.

Item. I give and devise to my two sons Charles and Benjamin and their Heirs for ever all my Lands Tenements and Hereditaments with the appurtenances lying and being in the County of Culpeper with all the Slaves, Stocks of all kinds and other goods and chattels whatsoever belonging to the said Lands and Plantation at this Time of my death, which said Lands, slaves and other Premises shall be equally divided between my said Sons & held by them as Tenants in common until Division thereof be dully made, which I desire may be done as soon as convenient & each have his Part allotted him by my Trustees and Executors herein after named. But if it shall go happen that my son Philip depart this Life before he attains the age of Twenty one years then my Will & Desire is that my son John and his Heirs shall have all the Estate both real and personal herein devised to my said son Philip, my son Charles and his Heirs shall have all the Estate both real & personal in the County of King and Queen herein devised to my said son John, and my son Benjamin and his Heirs shall have all the Estate both real and personal in the County of Middlesex herein also devised to my said son John, and if it shall happen that my son John depart this Life before he attains the Age of Twenty one years then and in that case my Will and Desire is that his Estate shall be divided between my said sons Charles and Benjamin and held by them in the same manner as if my son Philip had departed this Life before he had attained the age of Twenty one years, and if is shall happen that either of my said sons Charles or Benjamin shall depart this Life before he attains the Age of Twenty one years then my Will & Desire is that the Estate of him so dying shall be equally divided between the survivors and my son John and their Heirs, and whereas my Intention is to place and settle on those Lands in the County of Culpeper before my Death at least fifty working slaves. I do direct and appoint that if at the Time of my Death there shall not be fifty working slaves properly belonging to those plantations, that in such case, my Trustees and Executors or the survivors of them shall purchase so many young working Slaves, Men or Women or both as with these belongings to the said Lands at the time of my Death will fully compleat and make up the aforesaid number of fifty working slaves, and shall place and seat them upon those Lands for the Use of my said sons Charles and Benjamin & their Heirs for ever. The Charge and Expense of this Purchase to be defrayed and born out of my personal Estate & the Profits of my other Estate.

Item. My Will & Desire is that the Money arising from the sale of a Tract of Land in Spotsylvania County mortgaged to my deceased Father by Oswald Smith late of that County the legal Title of which becomes now vested in me as Heir at Law, having foreclosed the Equity of Redemption of the same, may be equally divided between Hannah and Susannah Potter who are entitled to the same in Equity. My Will further is, and I do hereby direct and appoint that all Goods and Merchandizes that I may have sent for to Great Britain at the time of my Death which shall happen to arrive afterwards, and all Goods and Merchandizes that shall be in the House at the time of my Death shall be made use of for the clothing my Wife, Children and Slaves and for furnishing my Plantation in the same manner as I might or should have used them if I had been living, and all the rest and Residue of my Estate both real and personal not herein disposed of I give and devise to my eldest son Philip Ludwell Grymes and his Heirs for ever.

Lastly I declare my Will to be, that my four Sons as they shall repectively attain the Age of Twenty one years shall be possesed of the Lands Slaves and personal Estate devised to each of them, saving their Mothers Right of Dower if she shall be then living. But in the meantime my Will is that the several Estates real and personal hereby given to my said Sons and all my ready money and outstanding Debts shall after my Death be vested in the follQwing Trustees, viz., My loving Wife my Brothers Peyton Randolph & Benjamin Grymes Esquires and my good Friend and Neighbor Major John Robinson the Survivor or Survivors of them in Trust. First for the satisfying and Paying All my just Debts and my Legacies out of my ready money and outstanding Debts and if the same shall not prove sufficient for that Purpose then to apply the Profits of my other Estate to discharge my Debts remaining unsatisfied. And afterwards in Trust for the Maintenance and Education of my children until my Daughters shall be married or entitled to their respective Legacies out of the said Profits. And as to the Overplus of Profits in Trust for raising and paying the Legacies before given to my Daughters. And when that is accomplished in Trust for the maintaining and educating each of my Sons out of the Profits of his own proper Estate during their Minority.

And lastly in Trust, to account for & pay to each of my Sons as they respectively come to age all surplus Profits arising out of their respective Estates. And when any of my Sons attain the age of Twenty one years the Trust aforesaid shall cease and be determined as to his or their Estate or Estates: But in case the Sum of Money to be raised out of my Estate for the Payment of the Legacies be not then compleated the Sum wanting shall still be chargable upon them in proporation to the clear yearly value of the Estate delivered up, which shall be computed & finally adjusted by my Trustees aforementioned the Survivors or Survivor of them.

Item. I appoint my dear and well beloved Wife Guardian of my Daughters until they attain their full Age or marry; and I appoint all my aforementioned Trustees and the Survivors or Survivor of them Guardians of my Sons until they arrive at the Age of Twenty one years. And if any question Doubt or Controversy arise touching the Meaning and Exposition of this my Will during the Guardianship aforesaid, the same shall be fully determined by my said Trustees or the Major Part of them and what they shall judge or determine shall be binding upon all my said Children.

Item. I nominate and appoint my said well beloved Wife, my Brothers Peyton Randolph and Benjamin Grymes Esquires & my good Friend and Neighbor Major John Robinson Executors of this my last Will declaring that my Intention is not to release any Debt which either of them shall happen to owe me at the Time of my Death.

Lastly I desire that my Estate shall not be appraised and that my Executors give no Security for the Discharge of the Trust reposed in them. And I do hereby revoke all former Wills made by me, declaring to be my true last Will and Testament. In Testimony whereof I have hereunto set my Hand and affixed my Seal this Eighteenth Day of December in the Year of our Lord One Thousand Seven hundred & fifty six.
PHILIP GRYMES. (Seal)

Signed sealed published and Declared by the said Philip Grymes as and for his last Will and Testament, in the Presence of us who were present at the Signing & Sealing thereof. Peter Randolph.
Chs. Carter jr.
John Skinker.
John Gilliam.

I Philip Grymes of Brandon In the County of Middlesex being in Health & sound disposing mind & Memory, do make this Codicil to this my last Will and Testament: Whereas since the making this my Will it has pleased God to bless me with another Daughter, whom we have named Betty, who is not provided for in the said Will, I do hereby give her the same Portion that I have alloted to each of her Sisters Susannah and Mary, to be paid in the same manner and out of the same Particular parts of my Estate as the other two above-mentioned Daughters' portions are directed to be paid. In Witness whereof, I have hereunto set my hand and Seal this fifth Day of August, 1761.
PHILIP GRYMES (SEAL).

At a Court held for Middlesex County at the Court House in Urbanna, on Tuesday, the 2nd day of February, 1762.

The last Will and Testament of the Hon 'ble Philip Grymes, Esq., dec'd, being presented by Benjamin Grymes and John Robinson, two of the Exrs. therein mentioned, was proved by the Oaths of Charles Carter, Jun'r, and John Skinker Gentn. two of the Witnesses thereto and ordered to be recorded. And the said Benjamin Grymes and John Robinson having taken the Oath of an Exor, Certificate is granted them for obtaining a probat in due form.

At a Court held for Middlesex County at the Court House in Urbanna, Tuesday, the 2nd day of March, 1762.

The Will of the Hon'ble Philip Grymes, Esq., dec'd, being brought into Court according to order, Peyton Randolph, Esq., and Mary Grymes, the other Ex'ors therein mentioned, took the Oath of an Ex'or, which is ordered to be Certified.

Test ROBERT ELLIOT, Clk.

Parents:
John Grymes and Lucy Ludwell

Children:
Philip Ludwell Grymes
John Randolph Grymes
Charles Grymes
Lucy Grymes
Benjamin Grymes
Susannah "Sukie" Grymes
Elizabeth Grymes

Philip Grymes was appointed to the Middlesex County court in 1743, serving as a justice of the peace. He was elected to the House of Burgesses from Middlesex County in 1748. He was appointed Receiver General from 1749-1754, and appointed to the Governor's Council in 1751.3

References

1. "Painting, The Grymes Children," in "Wormeley Portraits," Rosegill, http://www.rosegill.com/Library/Portraits/Portraits.html (last checked March 19, 2016)
2. "The Grymes Family (continued)" The Virginia Magazine of History and Biography, Virginia Historical Society, Volume 28 Number 1 (January 1920), pp.91-95, http://www.jstor.org/stable/4243758 (last checked March 19, 2016)
3. "The Grymes Family (continued)" The Virginia Magazine of History and Biography, Virginia Historical Society, Volume 28 Number 1 (January 1920), p.91, http://www.jstor.org/stable/4243758 (last checked March 19, 2016)


The Grymes Family