On February 2, 1746, a John Cavernor ("John Cavender"?) brought suit in the Court for Richmond County, Virginia against Alex Bryan ("Alexander Bryan"?) for 300 pounds of tobacco. The defendant not appearing, judgment was granted to John Cavernor. Richmond Cnty, Va Order Bk 12, p 12 On the same date, William Hammond and Henry Williams having appeared as witnesses for John Cavenor in his suit against Alex. Bryan, the said John Cavenor is to pay them. Richmond Cnty, Va Order Bk 12, p 40
On March 6, 1749, the then pending suit for trespass that was previously brought in Richmond County, Virginia by James Scott against a second John Caverner (“John Cavender”) was dismissed by the plaintiff. It is to be noted that the first John Cavender, son of Francis Cavender had already left Richmond County, Virginia and was then living in Fairfax County, Virginia. 393
On February 4, 1750, a complaint was filed in the County Court of Richmond County, Virginia by a John Caverner (“John Cavender”), a servant belonging to William Brown, for so-called “ill usage” from his master. The complaint was adjudged to be reasonable. 393
On June 4, 1753, the County Court of Richmond County, Virginia ordered the County Sheriff to summon John Clark, Jr. to appear at the next session of the Court to answer the complaint of his servants John Caverner ("John Cavender") and John Chambers. Richmond Cnty, Va Order Bk 13, p 66
On July 2, 1753 with respect to the case of John Caverner ("John Cavender"?) and John Chambers, servants to John Clark, Jr,. which they previously brought in the Court of Richmond County, Virginia against John Clark, Jr., the said John Chambers not appearing or prosecuting his complaint, was quashed. John Caverner ("John Cavender"?) produced a discharge from his former master, Lewis Pugh, for a time not then expired, it was therefore determined that the said John Clarke, Jr. had no right to detain the said John Caverner ("John Cavender"?) as a servant. Therefore, his complaint was set aside. 393 & Richmond Cnty, Va Order Bk 13, p 73
On January 20, 1761, apparently a second John Caviner ("John Cavender"?) then living in North Farnham Parish, Richmond County, Virginia apprenticed his son, James Caviner ("James Cavender"?), to Samuel Harrison of Cople Parish of Westmoreland County, Virginia, until he bacame age 21 to learn the art and trade of a shoemaker. Witnessed by John Harrison, Jr., Ann Harrison, Samuel Harrison and William Harrison.393 & Richmond Cnty, Va Deed Bk 12, p 342
It is believed the above John Cavener is the same John Jay Cavender (“John Cavender) who witnessed a deed on March 22, 1775 for the sale by Hugh Cavender (“John Hugh Cavender”?) of Reighley Parish ("Raleigh Parish"), Amelia County, Virginia of 6.75 acres of land to John Green, of the same parish and county, for 6 pounds and 15 shillings, together with all houses, fences, gardens, etc., which was located between the "plantation" of Hugh Cavender in Raleigh Parish in Amelia County, Virginia and land then owned by John Green.
As the said John Jay Cavender did not show up in any earlier or later tithing records of Amelia County, Virginia after he served as a witness for Hugh Cavender, then he must have either been exempt from taxes because he was either 60 years or older, or that he was then infirmed. If he was over 60 years of age in 1752, then in 1775 he would have been over 82 years of age when he served as a witness and thus exempt from paying tithing taxes to Amelia County, Virginia and probably had been living with his son for some time.
It should be noted that on April 7, 1725, a Mary Caverner (“Mary Cavender”) appeared in open court in Richmond County, Virginia and bound herself to serve Thomas Durham or his assigns for 7 years from December 5, 1724, the said Thomas Durham having in open court affirming to teach the said Mary Caverner to read the Bible perfectly, and at the expiration of her time to pay her corn and clothing as is allowed imported servants.393, 441 & Richmond Cnty, Va Order Bk9 p 208
Even though obviously not firmly established, the foregoing events at least presents some relevant evidence that the above John Jay Cavender may have been the father of the Hugh Cavender below:
HUGH CAVENDER (“John Hugh Cavender, Sr.”?) also apparently never learned to either read or write or even how to spell or probably not even how to correctly pronounce his last name, as was the case with both his father and his grandfather. It is believed that he was born in either Northumberland County, Virginia or in North Farnham Parish of Richmond County, Virginia, sometime about 1737-1738, may have subsequently moved King & Queen County, Virginia, and may have become an indentured servant to Paulin Anderson who was then living in King & Queen County, Virginia, and who bought the 2,300 acre plantation in Raleigh Parish in Amelia County, Virginia where this particular Hugh Cavender later became an overseer in 1762 and where he is believed to have married Frances Eudaley ("Frances Youdaley"?) about 1758. Alternatively, Hugh Cavender may actually have been indentured to a Thomas Tabb of Amelia County, Virginia who was very wealthy and had extensive land holdings and to whom Delman Eudaley “sold” his farm on January 9, 1756 and who apparently died shortly thereafter. This is based on the fact that Frances Eudaley apparently was already living in Amelia County, Virginia when Hugh Cavender arrived.
In any event, Hugh Cavender died in Charlotte County, Virginia about 1789 at the age of 50-60 years.
As indicated above, Francis Eudaley is believed to be the daughter of Delman Eudaley (“Delman Youdaley”) who purchased 100 acres of land from John Maulden ("John Mauldin") of Raleigh Parish for 5 pounds on May 17, 1745, which acreage was situated in Raleigh Parish of Amelia County, Virginia in the Stocks Creek area near the Appomattox River and which acreage was situated adjacent to the lands of John Maulden and Paulin Anderson ("Pauling Anderson"?), and was also adjacent to an unnamed branch and to "Polecat Swamp", and who later sold the same land to Thomas Tabb of Amelia County, Virginia on January 9, 1756 for 50 pounds, which deed was “proved” by oath of one witness on January 28, 1762, by the oath of a second witness on November 24, 1763, and by oath of a third witness on April 26, 1764 and then recorded on that date. On February 23, 1769, Moses Youdaley, apparently the oldest son of Delman Eudaley, and Thomas Tabb, sold to William Johnson for 40 pounds 100 acres of land located on the south side of the Appomattox River in Raleigh Parish in Amelia County, Virginia adjacent to the lands of Polecat Swamp, and Paulin Anderson ("Pauling Anderson") and William Johnson ("William Houston"?). The Appomattox River is a western branch of the James River which runs through present day Richmond, Virginia. The Indenture was witnessed by John King, Branch Turner and Thomas Payne. Actually, the signature of Moses Youdaley is written as Moses Eudaley.DB10/48
Thus, there must have been some kind of legal agreement between Delman Eudaley and Thomas Tabb in 1756 before Delman Eudaley died, whereby Thomas Tabb agreed to care for the children of Delman Eudaley until they became of legal age.
Amelia County, Virginia was discovered by Captain John Smith in 1641 and was named for Amelia Sophia Eleanora ("Amelia Eleanora"), daughter of King George II of England. It was officially formed in 1734 from the counties of Prince George and Brunswick and its county seat is in the city of Amelia. It is bounded on three sides by the Appomattox River which afforded the earliest means of getting about and was used extensively for fur trading with the Indians.
The only known church in the area was known as Flat Creek Chapel, also known as Flatt Creek Chapel, and further lnown as Huntington Church. It is physically located approximately 5 miles northwest of the courthouse in Amelia County, Virginia on land originally owned by Samuel Cobbs and his wife Edith Marot ____?____ who were married in Williamsburg, York County, Virginia in 1717. While still living in Williamsburg, York County, Virginia, Samuel Cobbs received a “land patent” (i.e., grant) for some 2120 acres of land then located in Prince George County, Virginia (which later became Amelia County, Virginia) and which was located beteen Knibbs Creek and Flatt Creek (“Flatt Creek”?). Samuel Cobb eventually dedicated a plot of ground on which Huntington Church was built.During the 19th century, this same property changed hands, becoming the plantation of Peter Field Archer (“Peter Archer”) who renamed Huntington Church as “Oak Shade Church”which remained about 5 miles northeast of Amelia County Courthouse in Amelia County, Virginia, near the present Truxillo, Virginia. In 1735, Amelia County, Virginia was formed from Prince George County, Virgina. It may also have been referred to as “Bently’s Chapel” due to the fact that John Bently apparently served as the first minister (“Sexton”) when Flat Creek Chappel (“Flat Creek Chapel”) was first built in 1732, and it is also a very good possibility that Hugh Cavender and his family became members of Flat Creek Chapel (“Flat Creek Chappel, sic”).513
The estimated date of birth Hugh Cavender as being about 1737-1738 is considered consistent with the date of birth of his first child, Joseph Cavender, who was apparently born sometime in October-December in 1760, according to his military records filed during the Revolutionary War and further according to an affidavit filed by him for a Revolutionary War pension, that is assuming Hugh Cavender married when he was about 22 years of age, i.e., about 1859-1860..
Delman Eudaly ("Delman Yodaley", "Delman Youdale" & "Delman Eudaley"), the future father-in-law of Hugh Cavender also lived in the Stocks Creek area of Raleigh Parish of Amelia County, Virginia before he sold his farm there which consisted either 150 or 196 acres on January 9, 1756, and which farm was previously purchased by Delman Youdaley on May 17, 1745. As Delman Eudaley sold his farm in January 1756, it would appear that he may have moved from the county after that time or may have died shortly thereafter. Consequently, Hugh Cavender and Frances Eudaley may have married either shortly before or shortly after her father sold his farm.393 Thus, Hugh Cavender and Frances Eudaley probably were married about 1758 as they had a son born in 1760.
Tything taxes (sometimes "tithables", "tithes" or "tythes") was paid on Hugh Cavender for the years 1762 through 1767 by Paulin Anderson and it appears that Hugh Cavender worked as a overseer for Paulin Anderson during that time period on the Paulin Anderson 2,200 acre plantation located in Raleigh Parish of Amelia County, Virginia.
The basis of the assumption that Hugh Cavender’s full name may have actually been John Hugh Cavender, Sr. is as follows: In December 1794, a Thomas Chaffin was appointed the legal guardian of an orphan child named Hugh Cavender was specifically named the orphan of Hugh Cavender. Hugh Cavender's Last Will and Testament did not mention a son also named Hugh Cavender. However, the youngest son of Hugh Cavender was named in the Will of Hugh Cavender as John Cavender and who is believed to have been born about 1776. Thus, he would have been about 17 years of age when his mother died about 1793 following the death the elder Hugh Cavender in 1788, and at that point John Cavender then became a legal “orphan” of the elder Hugh Cavender. Consequently, 4 years later when the guardianship ceased to exist, i.e., in 1797, he would have been become 21 years old and the legal need for a guardianship would no longer be legally necessary. Consequently, it is believed that the Hugh Cavender who was listed in the guardianship papers is actually the youngest son of the elder Hugh Cavender named in the Will as John Cavender, and that he was actually named either John Hugh Cavender or Hugh John Cavender. As his father was named Hugh Cavender, then he was probably named John Hugh Cavender, Jr., in which case his father would have been named John Hugh Cavender, Sr. (“John H. Cavender” & “J.H. Cavender”)393Additionally, the name John Hugh Cavender appears in later generations and it is known that the early settlers named their children after a close relative of after someone whom they admired.
It is estimated that Hugh Cavender and Francis Eudaley were married in Raleigh Parish in Amelia County, Virginia about 1758, based upon the date of birth of their first child, Joseph Cavender, who was born in about 1759 according to the affidavit he filed for pension for fighting in the Revolutionary War. Even though he undoubtly was living in Amelia County when he married Frances Eudaley about 1758, his name does not appear in the 1736-1764 Tax Lists prior to 1762,453 after he was married and had at least one child. In fact, tithe taxes were first paid either by or on behalf of the elder Hugh Cavender in Raleigh Parish in Amelia County, Virginia in 1762,453the very same year that he first appeared as one of the two overseers of the 2221 acre plantation owned by Pauling Anderson ("Paulin Anderson") who was then living in King and Queen County, Virginia, which was created by act of the Colonial Legislature in 1691, in the third year of the reign of William and Mary, and formed out of a part of New Kent County, Virginia. King and Queen Court House is located 48 miles from Richmond, Virginia, situated on the flats of the Mattapony River about three quarters of a mile from the river.
The Paulin Anderson plantation was originally located in in Prince George County, Virginia on the South side of the Appomattox River at the upper end of the Flatt Rock in the river on Polcatt Run (“Polecat Run”?) below Stocks Creek and was adjacent to the lands of William Fuqua, William Echols and Thomas Pruitt. Amelia County, Virginia was formed in 1735 from a portion of Prince George County, Virginia and a small portion of Brunswick County, Virginia. The formation of Amelia County was created by a decree of King James III of England in 1734, a framed copy of which is still in the Clerk's office in the village of Amelia. With the formation of Amelia County from Prince George County the Paulin Anderson plantation was thereafter listed as being located in the Stocks Creek area of Raleigh Parish in Amelia County, Virginia. In 1762, William Ware was paying 3 Tithes in the upper side of Flat Creek ("Flatt Creek") in Raliegh Parish ("Raleigh Parish") in Amelia County, Virginia. Flatt Creek is a branch of the Appomattox River which, in turn, is a western branch of the James River which runs through present day Richmond, Virginia. William Ware was paying taxes on himself and apparently on 2 slaves named Glouchester and Sam.393
On February 26, 1766, Hugh Cavender, then living in Reighley Parish ("Raleigh Parish"), Amelia County, Virginia purchased from William Ware and his wife, Ann Ware, for 70 pounds 150 acres of land in Reighley Parish ("Raleigh Parish") in Amelia County, Virginia, which acreage was bounded by the lines of Thomas Green, William Soven ("William Loving"), John Ford and James Woods. No witnesses were recorded. In 1794, this particular acreage adjoined the lands of David Asselin (“David Asseling”?), John Wood, Wm. Lavern ("William Lavern" & "William Loving"?) and Thomas Green. Flat Creek (“Flatt Creek”?) is a branch of the Appomattox River which, in turn, is a western branch of the James River which runs through present day Richmond, Virginia. At the same point in time, Hugh Cavender was still apparently working on the 2221 acre plantation of Paulin Anderson ("Pauling Anderson") whose plantation was next to the land of William Ware and Paulin Anderson at the time was paying tithe taxes, not only on himself, but also on John Townsend, Hugh Cavinder ("Hugh Cavender"), and on 9 slaves. Also, in the same year, William Ware (probably William Ware, Jr.) was listed but did not pay any tithe taxes, apparently because he was paying property taxes on the above 150 acres of land. Additionally, Samuel Whitworth was paying 3 tithe taxes on a Samuel Witworgh (“Samuel Whitworth”?) and on his two slaves Gloucester and Sam, and was also paying taxes on 105 acres of land in Raleigh Parish. 8, 393 & DB/10
In 1768, a Hugh Havener or Hugh Cavener or Hugh Caverner (actually "Hugh Cavender"), William Ware, Thomas Shelton, Thomas Atkinson, William Crenshaw, Sr., Benjamin Shelton, and Thomas Hightower were listed in the 1768 poll lists for election of Burgesses taken of Raleigh Parish in Amelia County, Virginia by Mr. John Scott and which list all landowning males over 21 who were then eligible to vote. Also, a Hugh Cavener is listed in the same 1768 poll of Amelia County taken by Colonel Thomas Tabb. It is known that Hugh Cavender was then living in and owned slaves in Amelia County, Virginia. The above Hugh Havener and Hugh Cavener are therefore a misspelled duplication of Hugh Cavender due to the fact that there are various duplicate names on the above Scott and Tabb listings. Paulin Anderson ("Pauling Anderson") paid tithes on 2 white male adults then working on his 2221 acre plantation named Henry Buchanan and William Weatherford and on 11 slaves. Hugh Cavenor ("Hugh Cavender") paid 1 tithe and taxes on 150 acres of land. William Ware did not pay any tithe. Therefore, sometime between the summer of 1767 and the summer of 1768, Hugh Cavender must have moved from the plantation of Pauling Anderson and moved into a house on his own farm. 281, 350 & 393
In 1770, Hugh Cavender acquired one adult slave named "Frank". This was shortly after he apparently quit as one of the overseers of the Pauling Anderson plantation and was living on his own farm nearby.
On March 22, 1775, Hugh Cavender (“John Hugh Cavender”?) of Reighley Parish ("Raleigh Parish"), Amelia County, Virginia, sold 6.75 acres of land to John Green of the same parish and county for 6 pounds and 15 shillings, together with all houses, fences, gardens, etc., which was located between the "plantation" of Hugh Cavender in Raleigh Parish in Amelia County, Virginia and land then owned by John Green. The indenture was witnessed by Thomas Amohundro ("Thomas Omohundro") and by John Jay Cavender who is believed to be the father of the above Hugh Cavender (“John Hugh Cavender”?). John Jay Cavender, even though possibly living in the same household of Hugh Cavender, was not paying the normal annual tithing taxes in Virginia because at that time he was about 85 years of age and hence was exempted, or " levy free", because he was then over 60 years of age.
As previously noted, in the early colonial days, a 14 year old male could witness a legal document, and could even choose his legal guardian in the event both of his parents were then deceased. However, he had to be at least 21 years of age in order to own and sell property in his own name, even though he could inherit property at whatever age which will be held in trust for him until he reaches the age of 21.
According to Virginia law, any male 14 years and older could witnessed a legal document. As Hugh Cavender's oldest son, Joseph Cavender, was born about 1759 and therefore was about 15-16 years old in 1775 and then apparently living at home, he could have legally served as one of the witnesses to his father's signature on the above indenture, but for some unknown reason he did not do so. Maybe he was just not available. In any event, Hugh Cavender signed the document by affixing his mark which consisted of a plus sign "+". 11, 393 & DB13/53
In 1782, Hugh Covinder (“Hugh Cavender”) and his entire family of 10 people were living in Raleigh Parish of Amelia County, Virginia, together with 7 blacks. However, he only paid tithe taxes on 2 white men over 21 years of age (himself and his oldest son, Joseph), 2 slaves Patty and Easter, 2 horses and 5 head of cattle. His oldest son, Joseph Cavender, was born about 1760 and thus would have been about 22 years old at that particular time. Hugh Cavender also paid property taxes on 130 acres of land.
Hugh Cavender continued to live in Amelia County until, on January 4, 1784 and "being weak of body", he executed his last Will and Testament in which he named his wife, Frances Cavender, as the sole beneficiary of his entire estate for her lifetime and for long as she remained unmarried, with the sole exception of a Negro boy slave named"Abram" who was to immediately become the property of his oldest son Joseph Cavender. Upon either the death or remarriage of Frances Cavender, the entire estate, except for the Negro slave "Abram", was to be divided equally among his 8 following named children: Joseph Cavender; Elizabeth Cavender; Sarah Cavender; William Cavender; James Cavender ("Eudaley James Cavender"); Hezekiah Cavender; Stephen Cavender; and, John Cavender ("John Hugh Cavender"). John Chapman, Sr. and Hugh Cavender's first-named and apparently the oldest child, Joseph Cavender, were named as executors of the estate. The will was witnessed by John Chapman, William Blake (who was Hugh Cavender's next door neighbor), and George Chapman.
On May 25, 1784, Hugh Cavinder ("Hugh Cavender") and wife Francis Cavender, (actually "Frances Cavender"), of Raleigh Parish in Amelia County, Virginia, sold to Dr. David Asselin his 143.25 acres of land located in Raleigh Parish, and on which his residence was located and which adjoined the existing property of Dr. David Asselin, John Wood, William Lavern and Thomas Green. The Indenture was witnessed by Christian Ford, Amborse Jeter and Claiborne Whitworth ("Clariborne Whiteworth"?). 21 & 393
On March 7, 1785, Hugh Cavender of Charlotte County, Virginia, purchased from Josiah Shelton and Elizabeth Shelton 400 acres of land, with "premises", located in Charlotte County in the branch of Horsepen Creek called Sansons Fork, and which land apparently is located near the border of Lunenburg County where his son Eudaley James Cavender ("Eudaley Cavender") will subsequently move. The deed was recorded on the same date and the property was adjacent to the property of Jeremiah Witers. (NOTE: that Ezekiel Cavender, who immigrated from England, and his family were apparently living in Charlotte County, Virginia around 1780. Thus, there is some possibility of some family connection between Hugh Cavender and one of the two Ezekiel Cavender's who were living in Maryland at the same time. One died in Massachusetts and the other died in Jasper County, Georgia.)23 & 24
Even though Hugh Cavender's will was executed in Amelia County, Virginia, as Hugh Cavender had moved to Charlotte County, Virginia to a place fairly near the boundary of Lunenburg County, Virginia, his will was therefore probated in Charlotte County, Virginia on June 1, 1789, rather than in Amelia County, Virginia.
In 1794, the property of the estate of Hugh Cavender, then deceased, was bounded by the properties of a Blake (“William Blake, Sr.”?), Hezekiah Featherstone, Jeremiah White and a Farmer.
Frances Cavender apparently died in Charlotte County, Virginia sometime between June 9, 1794 and December 4, 1794, approximately 5 years after her husband died.
According to the Last Will and Testament of Hugh Cavender, he and Frances Cavender had the following children:
(I) JOSEPH CAVENDER was born about 1759 in the Flatt Creek area of Raliegh Township of Amelia County, Virginia near the Appomattox River. Joseph Cavender stated in an affidavit that he had filed in the Court in Christian County, Kentucky (which includes the City of Hopkinsvile) on October 2, 1820 that he was then 61 years of age, thus born in either 1758 or 1759, that he first enlisted in the Revolutionary War on March 1, 1777 in Amelia County, Virginia for a period of 3 years as a private in the 15th Virginia Regiment commanded by Colonel Woodford and in the Company commanded by Captain James Foster. He later re-enlisted in "Muky Town", Amelia County, Virginia on December 20, 1779 in the 15th Virginia Regiment then commanded by Col Ennis ("Col. Innis"?) and still in the Company commanded by James Foster. At the time of his re-enlistment, he was 19 years of age, was 5 feet 7 1/2 inches tall, and had dark hair and blue eyes, thus born in 1759 or 1760. Joseph Cavender's total term of service was 6 years and 5 months, and he was honorably discharged by General Lincoln at Richmond, Virginia on July 30, 1783. He became an orderly sergeant while in Captain James Foster's company under Colonel Innis, and was a stewart to General Green during the last 11 months of his service. He fought in a total of thirteen battles, including the battles of Brandywine, Germantown, Monmouth and Stony Point. 77, 356 & 282