I have found a will for Newton Tapscott, son of James Tapscott (son of Capt. Henry) and Susan Howard Baker, among loose wills in the Hampshire County, Virginia/West Virginia, Courthouse. Since there is considerable interest in this family (particularly, Baker, Newton, and Chichester, who might be connected with Robert Francis Tapscott), I am posting my transcription at the bottom with some comments in brackets.

The will fixes Newton’s Tapscott’s death as occurring between 17 Jan 1826, when the will was written, and 19 Jun 1826, when it was proved. I have, however, a copy of an account of Newton’s estate following his death showing the earliest entry on 1 Apr 1826, which means he died before that date. Thus Newton Tapscott died in January, February, or March of 1826.

We know of only one child by Newton, Susan K. Tapscott, who was born around the time of her father’s death; however, a boy appears in the Newton Tapscott household in the 1820 Census for Romney, Hampshire Co. Unfortunately, Newton’s will gives no information about children and does not even name Newton’s wife (it would have been Louisa W. nee Fairfax). Despite the lack of information, there are two things of interest.

First, Newton makes the very strange statement “In the Event of my death before I return from the Journey I am about to take.” What could this mean? Is he speaking metaphorically? Is he going somewhere for medical treatment? The Tapscotts born to James and Susan Howard (Baker) Tapscott were not physically fit. Newton died around age 25, Chichester around 28, Baker about 42, Louisa Alcinda about 30.

Second, Andrew Woodrow Dailey (also written Daily), one of the witnesses proving the will, appears to have had a sister Mary Ann Dailey (from a land bounty claim that I am still unraveling.). A Hampshire County Chancery Court of 3 May 1833 involves a suit including a Mary Ann Tapscott, heir of James Dailey. We do not know who Mary Ann Tapscott is, but there is evidence that Louisa W. Fairfax was not Newton’s first wife. Of course, Mary Ann could be related to Chichester since he lived in the same town as his brother.

I would appreciate comments.

Robert E. (Bob) Tapscott

[WILL]

I Newton Tapscott of the County of Hampshire and State of Virginia [now West Virginia] being of Sound mind and memory do Make and publish this my last will and Testament. First after the payment of all my Just debts, I leave and bequest unto my wife all my estate both real and personal. 2nd It is my desire and wish that my Brother-in-Law Jno B. White [John Baker White, who married Louisa Alcinda Tapscott, Newton’s sister, and whose mother Arabella Baker was the sister of Susanna Howard Baker, Newton’s mother, was both brother-in-law and first cousin to Newton Tapscott] and my Brother Chichester Tapscott be my executors. Therefore I do appoint them my executors and request that they manage my business to the best advantage. In the Event of my death before I return from the Journey I am about to take, It is my request that my Brother Baker Tapscott take upon him the management of my wife’s property in Jefferson County and If a Sale Could be made to advantage It is my desire, with her Consent, that it be made, and the Money Vested in Some Stock or Otherwise to the best advantage, So that she be able to Draw the Ints. [interest] twice a year. Majr [Major] Hickman Can give him all the information he may want both respecting her property in Jefferson and elsewhere. I wish my executors to Gratify the wishes of my wife in the purchase of any article she may want when my personal property is Sold. It is also my wish If I should never return that my brother Chichester accompany my wife upon a visit to my Sister Caroline [Susanna Caroline Tapscott was married to Judge Lucas Powell Thompson Sr. and living in Staunton, Virginia] that is if she would like to Spend a few months thus,
Given under my hand this 17th day of January 1826 – Newton Tapscott

Newton Tapscott Will
1826 June 19
Jus [judged?] to be in hand writing of testator by Jms. [this is clearly James, not John, but John Baker White was the executor and was living at the time] White & Adw Woodrow Daily [Andrew Woodrow Dailey was the grandson of Andrew Woodrow, a prominent early Hampshire County settler.]
Exers gave bond and [unclear] ordered
Recorded and [rest missing]