James Cunningham Sr.

8.JAMES CUNNINGHAM (son of 4 Thomas) was born probably about 1720, presumably at Cunningham Manor, Northern Ireland.It seems likely that it was about 1744 when he married Ann (Thomson) a daughter of Reverend John Thomson.(51 Va. Mag. 402, but the name should have been James Cunningham, Sr., not Jr.)

SOME OF THE DESCENDANTS OF THE REVEREND JOHN THOMSON (c. 1690 -1753) by John Goodwin Herndon

From Genealogies of Virginia Families – from The Virginia Magazine of History and Biography

(10)ANN THOMSON (c. 1728 – c. 1776; daughter of John Thomson) married about 1747, James Cunningham, Jr., of Charlotte County.The present writer has some much material on the descendants of this couple that it will appear as a separate article after the conclusion of the present enumeration of the family of John Thomas.

The first reference to him in the Virginia records is 1 November 1742 when his deed of purchase of 900 acres on Spring Creek in what was then Amelia County was dated.Samuel Cobbs sold him this property for 32 pounds.It extended from James Parks’ corner red oak to Isham Randolph’s line to Joseph Little John’s corner (1 Amelia Deeds 295).Apparently he returned shortly thereafter to Pennsylvania and remained there until after his father made his will in 1745, for in it Thomas Cunningham referred to his son James as being then in Pennsylvania as already noted.He came back to Virginia, however, before his father died, for we find him as a witness to the deed of sale by his brother John of certain Amelia property 16 March 1749 to James Read, as already noted.After the erection of Prince Edward County, we find him voting for burgess at the election of 22 March 1754 and 8 December 1755 (17 Tyler Magazine 58, 193).About that time he was listed as a tithable living between the Bush and Buffalo Rivers (18 Tyler Magazine 53).During this period he disposed of half of the realty owned by his father’s estate which had come to his possession and interestingly referred in the deed to himself as “of Lunenburg County”.That deed was dated 26 April 1755 and was recorded 3 June 1755 (Lunenburg Deeds 112).The following year he disposed of his 900 acres on Spring Creek, selling 700 acres to William Randolph for 250 pounds and 200 acres to Samuel Cunningham (presumably his nephew) for 20 pounds, the latter being described as “whereon the said Samuel now lives”.Both these deeds (1 Prince Edward Deeds 115, 119) mentioned that Ann Cunningham relinquished her dower rights.

Thereafter James Cunningham resided in Lunenburg, and in that part thereof which was later in Charlotte County.On 6 December 1756 he joined with Tscharner De Graffenreidt, George Walton, David Garland and seven others in sending to the Lunenburg Court the following certification (4 Lunenburg Deeds 356):

“We, the subscribers, do certifie to the worshipful Court of Lunenburg County that we intend to make use of several places, here mentioned, in this County, for Divine Worship, agreeable and according to the practice of Protestant Dissenters of the Presbyterian Denomination, viz., on the land of Robert Scott, Tscharner De Graffenreidt, Peter Rowlett’s estate, the Hon. Wm. Byrd, Esq., also on or near the land of David Garland, and this certification we make according to the Act of Parliament common. Called the Act of Toleration.”

At this date he seems to have living on the property which he subsequently bought from his cousin Matthew Cunningham.By 1776 he had a total of 1,000 acres within Charlotte County, purchased as follows:from Robert Caldwell 254 acres on Cub Creek 7 April 1761 (7 Lunenburg Deeds 37); from David Caldwelll, 100 acres on Cub Creek 4 August 1761 (6 Lunenburg Deeds 427), from Matthew Cunningham presumably 254 acres on Cub Creek 14 June 1764 (8 Lunenburg Deeds 124); from William Cunningham 274 acres on Turnip Creek 2 March 1772 (8 Lunenburg Deeds 124) and from Samuel Boyd 118 acres on Turnip Creek (3 Charlotte Deeds 53).

In September 1776 he signed the Prince Edward County petition for religious liberty (18 Va. Mag. 40-44, Dr. Eggleston has noted that certain signers lived over the Charlotte line but were of the families of Prince Edward Signers)It is likely that his wife Ann had died earlier that year and he may have gone to live with one of his married children residing in Prince Edward County.A few weeks before he died he married, secondly, Mrs. Jane (Kelso) Daniel, widow of James Daniel of Prince Edward who had died in 1763.All three sons of James and Jane (Kelso) Daniel had married daughters of James and Ann (Thomas) Cunningham (It says Thomas but it should be Thomson).The marriage bond of James Cunningham, of Charlotte County, and Mrs. Jane Daniel, widow, of Prince Edward was dated 27 September 1780.(The author of this record heard his mother mention several times, than in the family of the Cunninghams there were three sisters who married three Daniel brothers, and later that “the old folks, one a widower, the other a widow married.”Here is the confirmation.)James Daniel was a resident of Amelia from at least as early as October 1738 until Prince Edward County was created.During that period he was plaintiff in suits against John Dabney, ------Mullins, ------Lawrence, Darby, Callahan, Gideon Marr who had been his attorney in a previous case, and Joseph Chatwin (Amelia County O.B., 1735-1746, pp. 54, 274, 318 and 319, and O.B. 1746-1751, pp. 22, 309).He owned at the time of his death 1000 acres in St. Patrick’s Parish, on both sides of Vaughan’s Creek.He was an original trustee and an elder of the Buffalo Presbyterian Church and is buried in an unmarked grave in the cemetery adjacent to the site of the old church.In his will dated 25 March 1763, offered for probate 19 April 1763 (1 Prince Edward Wills 56) he referred to himself as a farmer sick and weak in body.To his wife he left “the Negro wench” who should “be alwise continued upon the plantation”.He also provided that his wife Jean should share with the children in the distribution of his personal property and in addition that she should “get a sufficient livelihood of this plantation during her natural life if she continues a widow”.To his son James he left 400 acres “where Jeames Barret liveth joining Peeter Coffey.To his next son John he left the 300 acres adjoining James’s plantation.To his youngest son William he bequeathed the 300 acres “that I now live upon.”To his three daughters, Margaret, Mary and Jean, and to his three sons John, James and William, he gave to each and every one of them a horse and saddle”…. And a childs peart of all my movebls”… “and a bedding clothes.”At the end were the words “I constitute my well beloved wife Jean and my son James my Executors.”The old gentlemen, being too ill to sign the will, made his mark.The witnesses were John Martin, Thomas and Ellener Caldwell.His name appears at the outset as James Donnell and the end as James Donnel.The inventory of his estate shows one slave, named Lucy, valued at 69 pounds (ibid 58).That her name was not Jennie is of prime importance because one correspondent has insisted that she was the Jennie left by John Daniel of York County, in 1724 to his son James!Not only does there seem to be no evidence of any sort in support of an identity between the James Daniel of Prince Edward and this James Daniel, of York, but all we know tends to show that James Daniel of Prince Edward was himself born in Ireland and came to Pennsylvania, where on one occasion he attended Presbytery with Reverend John Thomson.His wife was Jean (Jane) Kelso, said to be a sister of Colonel Robert Kelso, of Prince Edward, an officer of the American Revolution, whose family had lived in Pennsylvania.(Note by transcriber:Charles Brunk Heinemann is one of the researchers who has this James Daniel descended from John Daniel of York County, VA in his Daniel Families of the Southern States.)

James Daniel, eldest son of James and Jean (Kelso) Daniel, born about 1745, married about 1767, Elizabeth, eldest daughter of James and Ann Cunningham;John Daniel, the second son, born about 1748, married about 1775, Sarah, second daughter of James and Ann Cunningham;Margaret Daniel, born about 1750, married about 1767, Colonel Francis Coleman;William Daniel, youngest son, born about 1754, married 1779 Hannah, youngest daughter of James and Ann Cunningham; Mary Daniel, born about 1757, married 2 January 1733, Samuel Ewing, son of George; while Jean Daniel was, so far as this writer knows, not married.

The surname of members of this family was frequently spelled Donnell, Donald, etc., when written by others but seems to have been invariably signed Daniel by themselves.This particular error in orthography has not been observed in the case of members of the other Daniel families of this section of Virginia in the 1760-1780 period.The inventory of James Daniel’s personalty shows his ownership of Durham’s “Upon the Revelation” and Dickson’s 12s and 1s, 6d., respectively and a parcel of books worth 15s. 3d.The total of this inventory which was filed 10 July 1763 by the executors, with George Ewing, John Caldwell and John Cunningham as witnesses, was 314 pounds, 7 s. 4d. (ibid 57.58)

Calling himself “James Cunningham, planter of the Parish of Cornwall in Charlotte County”, he made his will (1 Charlotte Wills 224) 30 December 1775.In it he left bequests to his “well beloved wife Anne” and to each of his ten children, who he names.The will was presented for probate 6 November 1780 by Captain John Brent, James Daniel (a son-in-law) and Samuel Cunningham (his eldest son), three of the four executors named therein.His wife Ann had been designated executrix, but she was dead.The executor who did not qualify was the Reverend Caleb Wallace, who renounced his proffered Executorship.He was also a witness to the will.Other witnesses were Robert Caldwell, William Dudgeon and Samuel Wallace.Securities for the executors were Robert Caldwell, Matthew Flourney, James Daugherty, Andres Hannah (a son-in-law) and Richard Gaines (a son-in-law).

The inventory of his estate recorded 1 January 1781 shows that Jack of Diamonds and Fearnot were his best horses and that he owned 12 slaves.Among the purchasers of his property at the executors’ sale were his son Samuel Cunningham and his sons-in-law Richard Gaines, James Adams, James Daniel, John Daniel and William Daniel.

His estate was taxed as such until 1790 in which year the assessment ran against James Cunningham, Jr. and so continued through 1796.From 1797 to 1801 the tax was levied against James Cunningham.

“At court held 15 October 1782 for receiving and certifying Public Claims” we read that item 664 was “James Cunningham Estate for 60 lb. of Bacon – paid 3 pounds (Public Claims, Charlotte Clerk’s Book, page 39, in Virginia Archives at Richmond)

His children were:

(13)i.Samuel Cunningham

(14)ii.Elizabeth Cunningham

(15) iii.Sarah Cunningham

(16)iv.Margaret Cunningham

(17)v.Jane Cunningham

(18) vi.Ann Cunningham

(19) vii.Mary Cunningham

(20) viii.Hannah Cunningham

(21)ix.Andrew Cunningham

(22)x.James Cunningham

Excursus on James Cunningham of Meherrin River

In order to show that James Cunningham of Cub Creek could not possibly have been a son of the James Cunningham who was variously called “of Robertson’s Creek”or “of Little Meherrin” or “of Meherrin River” the following information concerning that James Cunningham is furnished.(The alleged father-son relationship has been insisted upon by one correspondent.Whether any kinship existed between these two is not known.)

By his will (2 Lunenburg Wills 26) dated 2 October 1762, proved in November 1762, he left to his son John 212 acres on the Robertson Ford of the Meherrin River, being part of a tract on Watson’s road which he therein states that he had purchased of Captain John Williams;to his son William he left 213 acres, the remainder of that tract; to his son James “the land and plantation whereon I now live”;and to his wife Jane, the rest of his real estate, which on her death was to be divided among the three sons. To each of his sons he bequeathed certain slaves and farm animals.The witnesses were Thomas Pettus, Daniel Hay and Matthew Hay.His widow Jane Cunningham qualified as executrix, with Daniel Hay and John Scott as her sureties.

Because all his children were then minors, guardians were appointed for them:Robert Scott for John Cunningham, and John Scott for William and James Cunningham, Jr.(10 Lunenburg O.B. 206)Before the completion of the settlement of the estate.However, James, Jr., died – between 10 December 1767 and 5 August 1768, as certified by the guardian, and the property was divided 11 August 1768 between the two remaining sons, John and William Cunningham (2 Lunenburg Wills 332).

James Cunningham, Sr. had purchased his home property 4 July 1749 from Henry and Anne Robertson of Amelia, for 35 pounds.It contained 354 acres on the south side of the middle fork of the Meherrin River, and had been in Brunswick County earlier (1 Lunenburg Wills 415)His other realty was purchased 1 June 1762 from Captain Joseph Williams for 25 pounds.It contained 421 acres (more or less) on the north side of the Robertson Fork on the Meherrin River.(7 Lunenburg Deeds 275)The guardians of his children accounted 10 December 1767 for the payment of taxes on these 774 acres.(2 Lunenburg Wills 332).Numerous references to the processioning of these lands are contained in the records of the Vestry of Cumberland Parish.(L. C. Bell:Cumberland Parish, 349, 504, 519)

John Cunningham (son of James) married 2 December 1771 Mary Hill Pettypool (Lunenburg Marriage Register 5).She joined with him in conveying 10 September 1772 to his brother William Cunningham the land devised to him by the will of their father James Cunningham, cited above.The Vestry ordered John and William Cunningham 13 December 1771 to “procession all the lands between the South and Middle Meherrin, from Coxes Road to the fork of the River (L. C. Bell:Cumberland Parish, 431)At the February 1772 Vestry meeting, they reported that they had done as directed.(L. C. Bell:Cumberland Parish, 531)Their own lands were adjacent to John Blankenship.(L. C. Bell:Cumberland Parish, 533)

William Cunningham (son of James) married 7 September 1784 Obedience Hocker, of Petersburg.(L. C. Bell:Cumberland Parish, 304).His widow married, secondly, 9 February 1793, David McKitrick.(L. C. Bell:Cumberland Parish, 313)