Some sources present a credible case [which I have not yet confirmed] that Gilbert Elam, Jr. was married twice, his second wife being Mary Hatcher and his first Mary (Unknown), widow of John Burton. Mary Hatcher, it is argued, was too young to be married twice, and to be the mother of some of Gilbert Elam's children.
From Henrico County, Virginia , Record Book #1, p. 118 , Transcribed by Cecil Q Larsen :
In the name of God Amen: John Burton of Longfield in the County of Henrico sick in body but of sound & pfect memory thankes be given to Almighty God do make & ordain my last will & testamt in manner & forme following
First & principally I bequeath my soul to God that gave it me & as for my body to the Earth from whence it was taken to be buryed in such decent manner as my Execs. shall think ___(?) and as for my worldly goods that it hath pleased almighty God to bless me with I give & bequeath as followeth,
Item. I give unto my Brother Robert Burton one horse Coller and one copper kettle
Item. I give to my brother Benjamin Burton my new gunne(?)
Item. I give to my sister Anne Burton one heifer Calfe.
Item. I give to my Brother Will Burton foure shoates which goes with my Fathers hoggs.
Item. I give One Mare if she be alive to be divided between my sister Rachells three children.
Item. My will is that my dear & loving wife and my young daughter shall divide all ye rest of my estate which is undisposed of between them Equally & do make my Dear & loving wife my whole & sole executrix. And I do intrust my loving brother Robert Burton to assist my porre wife in all her business and for his care & trouble I do give him an hoghead of tobo Henry Ascough is to pay me on my Place's acct. In Witness hereof I have sett to my hand & seal this 20th of December Anno 1679.
signed Jno. (E B) Burton [seald wth red wax]
Signed sealed & delivered in prce of us
George Cogbill
Edmund Belsher
Sion(?) Bellume(?)
Prvd in Henrico County Court the second day of February 1679[s/b 1680?] to be the last will & testament of John Burton Junr by ye oathes of Edmund Bellsher & Sion(?) Ballone(?) two of ye Witnesses to the same.
Test. Hugh Davis Dep. Clk.
And entered amongst ye records (?) ye day & year aforesaid.
(?) Davis Dep. Clk.
From "The Burton Chronicles of Colonial Virginia":
"In 1682, the inventory of the goods and chattel of John Burton, Jr, dec'd, and given to his wife and child by Wills (sic) was presented to the Court by Gilbert Elam, Jr. on April 1st and signed by "Mary Burton now his wife". The inventory includes two gold rings and one silver salt cellar. Gilbert Elam, Jr., who married his widow was of the family after which "Elam's Quarter" on the south side of the James River opposite Lily Valley was named.
The child of John Burton, Jr., lived only until the age of 8 years.
Oct 1, 1687: "Upon petition of Mary, wife of Gilbert Elam, Jr., for administration on ye estate of her dec'd intestate daughter Elizabeth Burton as being next of kin to ye sd decd. It is by ye court after some debate of ye matter granted unto her husband consented thereto according to ye opinion of Godolphin in his orphs. Legacy a book produced in court." (Henrico Vol. 1682-1702). Also in the October court of the same year there is recorded: "Whereas Eliza. Burton late of ye county of Henrico, VA, did dye intestate and when Mary ye wife of Gilbt. Elam Junr., did at a court, etc, as being next of kin...unto ye said Mary Elam is granted ye admcon of all and singular goods chattles and estate of ye said Dec'd." 21 Oct, 1687.
This would seem to prove that Gilbert Elam, Jr. was married twice; however, I have not seen The Burton Chronicles of Colonial Virginia and am not familiar with its sources.
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Page last updated 30 April 2008.