James Ervin died in January of 1831 in Greenbrier County, Virginia.1 He was perhaps a pioneer of Greenbrier although the first record of him in the county is an 1801 land purchase. 2 The surname Ervin is spelled as Erwin at least 50% of the time probably recording a local dialect pronunciation of the name or to record an Irish accent, if family legends are accurate regarding James’ birthplace. In James’ will the name is recorded as Ervin and for this discussion I will use that spelling. James left a will written 10 December 1830 and submitted for probate in the January court of 1831.
James’ will is informative and enables researchers to link him to children who have migrated to other states as well suggesting several areas for further research.
The will names heirs and an executor and has two witnesses –
- wife “Sally Ervin” – “1/2 the plantation on which we now live and the half of the dwelling house we now occupy during her natural lifetime”, all her household goods, all enslaved people and such livestock as necessary for her maintenance. Also his debts and bonds.
- daughters “Jinny Brown” – all the lands I now live on in said county to her and the heirs of her body forever [after the death of wife], provided that Jinny Brown and and Samuel Brown pay $2000 to my grandson Samuel Harrison Price within 5 years of my death.
- daughters “Sally Austin and Elizabeth Whitman” the remainder of my property [left unbequeathed] and the enslaved boy Jerry to be sold and the proceeds divided equally between my two daughters. And to Elizabeth Whitman, the enslaved woman Milly.
- son “Andrew Ervin” “160 acres in Jackson County, Ohio, to which he now holds the certificate”.
- grandson “Samuel Harrison Price” – an enslaved boy named Tom, after death of wife, & $2,000 in 5 years.
- granddaughter “Sally Whitman daughter of William Whitman” – an enslaved girl named Litty after death of wife & $50 from the sale of household property after the death of wife.
- son in law “Samuel Brown” my wagon and log chain.
- executor “William Whitman”
- witnesses “Thomas Kirkpatrick and William Rodgers”
William Whitman submitted the will for probate and the bondsmen were the witnesses Thomas Kirkpatrick and William Rodgers and James Ervin’s son in law Samuel Brown. The value of the estate was reasonably high since the bond was for $1,500.
What framework of family does this give us?
Wife Sarah – her maiden name unknown but she outlived James by at least a few months. (records to check 1840 census, cemetery, probate records in her name.)
Son Andrew Ervin – perhaps living in Jackson County by 1830 which might be why he didn’t inherit an enslave person? Or did he sell land in Jackson County? (records to check 1830 & 1840 census Greenbrier County, VA and Jackson County, OH; Jackson County land records.)
Daughter Jinny Ervin (also known as Jane in other records) is married to Samuel Brown – they apparently reside with James and Sally Ervin, perhaps on the waters of Anthony Creek? Based on common inheritance patterns, Jinny is likely the youngest child of the family since she and her husband are residing with her parents and will inherit the entire property upon the death of her mother. No children with the Brown surname are mentioned – do they have children? (records to check – Greenbrier marriage records, 1830, 1840, 1850 census Greenbrier County, VA.)
Daughter Elizabeth Ervin is married to William Whitman – they reside in Greenbrier County since William is easily able to probate will in timely fashion and they have at least 1 daughter Sarah Whitman who appears to be unmarried and to possibly live nearby or at least in a slave state. (records to check Greenbrier marriage records, 1830, 1840, 1850 census Greenbrier County, VA.)
Daughter Sally Ervin is married to someone named Austin. She probably doesn’t live locally or in a slave state since she did not inherit an enslaved individual. (Other records tell us she was married first to Holly Whitman brother of William Whitman and that they moved to Jackson County, Ohio where he died and she remarried William Austin.3)
Grandson Samuel Harrison Price – parents aren’t named. Is there another daughter who married a Price male. If so, based on the rest of the will both of them would be deceased. Or is this a first marriage for Jinny Ervin with a deceased husband? Regardless James Ervin feels a need to provide a substantial sum for this young man. (records to check – Greenbrier marriage records for a Ervin/Price marriage, 1830, 1840, 1850 census Greenbrier County, VA.)
Witnesses Thomas Kirkpatrick and William Rodgers – need to be added to F.A.N. club for James Ervin. Who were they? neighbors? kin? (records to check Greenbrier marriage records, 1820, 1830, 1840, 1850 census Greenbrier County, VA, Greenbrier County probate records, land records Greenbrier County.)
Lots of research avenues to explore. Not bad for what is basically a one page document.
- Greenbrier, Virginia, Will books, 1777-1969; will book index, 1777-1969, 1: 791 & 792, James Ervin; FHL microfilm 595,214, item 1. ↩
- Greenbrier, Virginia, Deeds, 1780-1901, 2: 291, Henry Alford to James Erwin Feb 1801, Feb 1806; FHL microfilm 7,765,144. on the waters of Anthony’s Creek. ↩
- Greenbrier, Virginia, Marriages, 1780-1969, 1A: 162, Whitman – Ervin; FHL microfilm 595,040, item 1. 1820 U.S. census, Jackson, Ohio population schedule, Milton, p. 267, line 26, Holly Whitman; digital images, Ancestry.com (www.ancestry.com : accessed 9 Apr 2022); citing National Archives and Records Administration microfilm M33, roll M33 89. 1850 U.S. census, Jackson, Ohio, population schedule, Milton, p. 311b, dwelling 1122, family 1122, Sarah Austin; digital images, Ancestry.com (www.ancestry.com : accessed 9 Apr 2022); citing National Archives and Records Administration microfilm M432, roll 698. ↩