Capt. Benjamin Cluverius SPILLER

Other Events:

• _UID: 881125BF265645648A17293AC3FB78E7C3C5

Notes:

Thanks to Karen Williams klawss@mac.com for many of these records. She has done extensive research on the Spiller family.

COURT RECORDS

In January of 1774 Benjamin C. Spiller, Reuben Wright, Reuben Turner, and William Aylett took out a bond payable to Robert M'Kendlish. In 1793 a lawsuit that was brought against Spiller, Reuben Wright, and Reuben Turner in 1793 in the District Court of King and Queen County by Archibald M?Call to whom the said bond had been endorsed. ?The writ was executed by the Sheriff of King William County, on Turner only, and Spiller and Wright were returned "no inhabitants" and William Aylett was deceased. This suit ended with only Reuben Turner brought to court but is mentioned here because the January 1774 date is the earliest mention found for Benjamin C. Spiller of King William County, Virginia.

1774: George Dabney (Caroline Co.) and Benjamin Cluverias Spiller, administrators of William Spiller, Gent vs. Lazarus Yarbrough. Order Bk. 1774-76, p. 44, 48. (Valentine Papers, Vol. I:402)
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1777: Virginia Gazette, Dixon and Hunter, 19 Dec 1777. To be sold, on the premises, on Monday the 5th of Jan next, if fair, otherwise the next fair day, for ready Money.
A tract of land in King William Co., near Aylett?s Warehouse, containing, by the old Survey, 750 acres, there is good Buildings on the said land, with two Plantations, and is subject to my Mother?s dower, also 10 likely Virginia born slaves, the stock of horses, cattle, sheep, and hogs, about 3000 weight of gross pork, the crop of corn, wheat, peas and fodder, with all the plantation utensils. Benjamin C. Spiller
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1780: B. C. Spiller appoint to collect the rents for the college of Wm. & Mary on the land owned by the college in Kg. Wm. Co. B. C. is appointed in room of Mr. Fox, dec?d. Note dated, but piece following is dated 1 Jan 1780. Source: William and Mary Quarterly, 1st series, Vol. 15: p. 174.
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1784 Source: Journal of the House of Delegates of the State of Virginia p. 31 SATURDAY, November 20, 1784.

On a motion made, Mr. Carter Henry Harrison reported, from the committee of Propositions and Grievances, that the committee had, according to order, had under their consideration the petition of Benjamin Spiller, to them referred, and had agreed upon a report, and come to a resolution thereupon, which he read in his place, and afterwards delivered in at the clerk?s table, where the same were again twice read and agreed to by the House, as followeth:

It appears to your committee, that the petitioner entered into the service in the month of September 1775, and continued therein till January 1776, when he was promoted to a lieutenancy in the 7th Virginia regiment; and in the month of January following, got the command of a company, which command he held till he left the army, which happened in the month of September 1778.

Resolved, that it is the opinion of this committee, That the petition of the said Benjamin Spiller, praying that he may be allowed the same bounty in lands as is given by law to a captain in the continental service, is reasonable.
Ordered, That Mr. Carter Henry Harrison do carry the resolution to the Senate, and desire their concurrence.

p. 84

Mr. Richard Lee reported, from the committee of Claims, that the committee had, according to order, had under their consideration the petition of Elizabeth Lovell to them referred, and had agreed upon a report, and come to a resolution thereupon, which he read in his place, and afterwards delivered in at the clerk's table, where the same were again read, and are as followeth:
It appears to your committee, from a certificate under the hand of Mr. B. C. Spiller late a captain in the second Virginia State regiment, that Robert Lovell, (the petitioner?s late husband) was a lieutenant in the said regiment during the late war, and died in the service the 11th ol August 1778, and that he believes there was pay due to him from the 1st of March in the said year.
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VA Gen. Soc. Quart., Vol. 28, No. 4, p. 312.
Nov. 1788: King William Co., VA. Petition of Holt Richeson, asking that he be relieved of the effects of a judgment againt him for taxes actually collected by another. Names menitoned: Holt Richeson, Colo Jno Hickman, Benjamin C. Spiller.

Nov. 14, 1789. Petition of Holt Richeson shows that in Aug 1786, he was high sheriff of King William Co. and gave his bond for the collection of taxes in said County, that in Oct 1786, Col. John Hickman qualified as high sheriff in said county; it being determined that sd Hickman was entitled to the collection of said taxes, the petitioner and one Benjamin Spiller contracted to collect the taxs. John Hickman died on 17 mar 1788. The petitioner had acted as deputy sheriff under John Hickman and had collected taxes in one parish alone. The petitioner has been served with a judgment for the entire amt. of taxes collection. Mr. Richeson asks for an extention of time to complete his tax collection.
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1794: Mentioned in Will of Thomas Pinckard, wm 19 Mar 1794. Legs: Capt. B. C. Spiller, allowance against dower right of Mrs. Pinckard in land sold to Spiller;...
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1796: Benj. C. Spiller and wife Ann of Lancaster Co., VA deed to William Powell, Jr., 300 acre tract in St. David?s Par., King William Co., VA. Consideration L275 current money. Land bounded by other land of B. C. Spiller, Farinholtz land and Tignerzds land and John Catlett?s land. Recorded 4 Mar 1796. Ann Spiller releases her dower, recorded 25 Apr 1796.

1797: Henrico Co., VA. Benjamin C. Spiller, assignee of Robert Pollard, admin. of John White, dec?d va. Smith Blakey, executor of Charles Hundley, dec?d, deft. Judgment for $182 to be discharged by the payment of L63 - 13 -1 with Int. from the 25th of September 1795 till paid and the costs of 5.69. A fi fa issued 8 May 1797 to Shf. of ____ returnable to July dec?d C? - which was returned with this endorsement thereon to wit ?The executor denies that he has any effects in his hands - J. M. Sheppard, Dy Shff.?
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MILITARY SERVICE

Mil Ser. BET 1776 AND 1783
4th Virginia Infantry

Benjamin "entered into the service in the month of September 1775, and continued therein till January 1776, when he was promoted to a lieutenancy in the 7th Virginia regiment; and in the month of January following, got the command of a company [in the 2nd Virginia Regiment,] which command he held till he left the army, which happened in the month of September 1778."

Source: Historical Register of Officers of the Continental Army During the War of the Revolution, Francis Bernard Heitman, p. 511

Spiller, Benjamin C. (Va). 2d Lieutenant 7th Virginia, 26th February, 1776; resigned 10th October, 1776: Captain 2d Virginia State Regiment. 9th May, 1777; resigned 12th August, 1778.

PUBLIC SERVICE

Benjamin C. Spiller served as a deputy sheriff of King William County in 1786, serving under Holt Richeson and then John Hickman. He collected taxes in the upper parish of the county, leaving his tax collector's notebook, which can be seen at the Library of Virginia in Richmond, Virginia.

1800: Elected to the House of Delegates in Lancaster Co., VA.

LAND RECORDS

In November 1784, Benjamin Spiller presented a petition to the House of Delegates asking to be given bounty lands as provided for by law. His petition was found to be "reasonable" and he was allowed the same bounty lands as given to a captian in the continental service, although he served in the Virginia line, which turned out to be four thousand acres. This land was recorded as being in Ohio but was in the area that is now part of Kentucky. The land was described as being "nortwest of the River Ohio between the Little Miami and Sciota." He divides up this land in his will, giving one thousand acres to each of his two sons from his first marriage and two thousand acres to his youngest son, James Spiller.

1789 The College of William & Mary plat book records the lease of Lot #34 to Benjamin and William Spiller and this lot contained 100 ac. along with the mill called Spiller?s Mill on Governor?s Swamp in King William Co., VA.

23, Oct 1793: a new lease was entered into with the college and the lessees were J. Hickman Spiller, Robert Turner Spiller (?) and William H. Spiller.

1798: Deed Bk 5:318, King Wm. Co., VA. Benj. C. Spiller release to Thomas Frazer in order that Frazer may sell land to Robert Dugar.

1799: Folder No. 25, at University of IL at Urbana-Champaign in IL History and Lincoln Collections, Item No. 42: Item No. 42. Letter to R. C. Anderson from Hickman Spiller. Lands surveyed for Benj. Spiller, have been lost, asking for Anderson to take care of it. May 25, 1799. (Richard Clough Anderson Papers (1784-1904),

TAX RECORDS

The 1787 tax list of King William County, Virginia shows Bejamin C. Spiller with 615 acres, one tithe (himself) over twenty-one, one white between the ages of sixteen and twenty-one, thirteen male slaves over the age of sixteen, twelve male slaves under the age of sixteen, ten horses, forty-two cattle, and one chair carriage.

1796: Lancaster Co., VA tax list; paying tax on 797 acres of land.

1797: Benj. C. Spiller, Lancaster Co., VA Land Tax List.

The 1800 tax list of Lancaster County shows what is definitely this Benjamin C. Spiller. He has two tithes over sixteen, two black slaves from twelve to sixteen, nineteen slaves over sixteen years of age, and ten horses.

WILL

26 Mar 1801, codicil 11 Apr 1801, proved 20 July 1801
In the Name of God, Amen

I Benjamin Spiller of Lancaster County being sick of body, but of perfect sense and memory do make and publish this my last will and testament in manner and form as followeth.
Item. My will desire is that my estate shall remain undivided for the use of my loving wife Ann Spiller and the support of my children (who is to pay no board) for and during the life of my said wife, except my executors, to be hereafter named should think that it would be for the advantage of my estate to divide it sooner or my said wife should again marry in either case my desire is that my loving wife Ann Spiller shall have and receive one third part of my estate both real and personal which she shall have and enjoy as dower, for and during her life.

Item. My desire is that should my daughters Susanna, Ann Frazer, Grace, Rockseylany or either of them marry before the death or marriage of my said wife Ann Spiller, that they or either of them shall have and receive her or their share or portion of my estate at such time as they shall choose, which shall be in full of and for their part or parts. And that should either of my children die without lawful issue of their body begotten, that his her or their part or parts of my estate shall then return and go to such child or children of mine, or their heirs, as shall then be living.

Item. I lend unto my loving wife Ann my negro woman Hannah & all her children, that she now has or hereafter may have for and during her my said wife?s life, and do hereby give her full power to give or dispose of her the said negro woman Hannah and her future increase among my children as she may think proper.

Item. I give unto my two sons William and Hickman Spiller, one thousand acres of land each lying in the state of Kentucky, it being part of my military lands which was granted to me for my services for and under the Commonwealth during the last war, which amounts to four thousand acres which said one thousand acres of land each & what I have already given to them my said sons is in full, of and for their parts in my estate.

Item. I give unto my son Benedictus Spiller my dwelling plantation whereon I now live, which land I purchased from Thomas Pinckard [ Indian Creek Farm] provided my said son shall pay unto his brother James Spiller when he comes of age 250 pounds and in case his said brother James shall die before he comes of age, that the said sum of two hundred and fifty pounds shall be paid unto my son Patrick Spiller.
Item. I give unto my son Benjamin Spiller all that part of my land I purchased of Mr. Hudson Muse & also my mill I bought from Mr. William Eustace, after death of my said wife.

Item. I give unto my son Patrick Spiller my land lying in Northumberland County I purchased from Mr. Tho Hull after death or marriage of my said wife.

Item. I give I give unto my son James Spiller two thousand acres of land lying in Kentucky, it being part of the four thousand acres of land before mentioned and which I give two thousand acres of between my two sons William and Hickman Spiller.

Item. My desire is that should my executor recover the land that is in dispute between Mr. Peter Tankersley and myself that it shall be equally divided between my two sons Benedictus and Benjamin Spiller.

Item. My desire is that my daughters before mentioned shall have a negro girl each out of my estate which my said wife shall point out which shall not be counted in their parts or shears (sic) of my estate.

Item. My will and desire is that the balance of my estate not already given shall be equally divided between my following children to wit Benedictus, Benjamin, Susanna, Ann Frazer, Grace, Patrick, Rocksylany and James after death or marriage of my said loving wife Ann Spiller or sooner as aforesaid in the first clause of this my said will.

I hereby appoint my son Benedictus Spiller, my friend William Kirk and my friend John Carpenter executors of this my last will and testament.

In witness whereof I hereunto set my hand and affix my seal this 26th day of March 1801.
B.C. Spiller

In presence of us
Martin Shearman [Sherman?]
Walt Jones
Lorimer Chowning [Chewning?]
Tho. James
John Steptoe
John Flowers

Item I hereby give and authorize my executors with full power to dispose of any part of my personal estate that they may think proper for the payment of my just debts and also appoint my friend Martin Shearman an exor. of this my last will and testament in addition to those before appointed. In witness whereof I hereunto set my hand and seal this 11th day of April 1801.
B.C. Spiller

Test.
Tho James
John Steptoe
John Flowers

At a court held for the county of Lancaster on the 20th day of July 1801. This last will and testament and codicil of Benjamin C. Spiller was proved by the oaths of Thomas James and John Steptoe two of the witnesses thereto and ordered to be recorded.
Teste. James Towles
A copy Attest
Warner Eubank C.C.

Benjamin married Letitia Hickman. [Group Sheet]

Notes:

For more information on this branch, Karen Williams klawss@mac.com has much information.

1. William SPILLER
2. Hickman SPILLER

Benjamin married Ann FRAZER Abt 1770. Ann (daughter of William Frazer) was born ca 1750, Maryland; died Aft 1810, Lancaster Co. VA. [Group Sheet]

1. Susanna SPILLER was born ca1780, Northumerland Co. VA; died Aft 3 Oct 1849, Northumberland Co. VA.
2. Bededictus SPILLER died ca 1805, Lancaster Co. VA.
3. Patrick SPILLER was born ca 1785, Lancaster Co. VA; died Jun 1831, Northumberland Co. VA.
4. Benjamin SPILLER
5. Ann Frazer SPILLER
6. Grace SPILLER
7. Rocksylany or Roxillana SPILLER
8. James SPILLER

Notes:

MISCELLANEOUS RECORDS

Compiled Census and Census Substitutes Index, 1607-1890
Name: William Spiller
State: VA
County: Northumberland County
Township: Michaelmass
Year: 1738
Record Type: Rent Role
Database: VA Early Census Index
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Feb 1742 Louisa Co Deed Books A & B, P 18-22 13-14
John Kembrow of Louisa Co. to William Spiller of King Wm Co. Lease and release; for L25. Two patents for 800 acres in Frederecksville Par. John Kembrow Wit: George Berry, Wm Kembrow, Thomas Wash Junr. 14 Feb 1742 (1743) ack. By John Kembrow.
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Virginia Genealogical Society Quarterly, Volume 35, Number 3, p. 220
A Merchant's Account Book: Hanover County, 1743-1744
1743 Mr William Spiller in King William
Decr 1 To 1 Damaged hempen rolls -/19/1
1744 Contra Novr 10 carried.
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Old New Kent County [Virginia] Some Account of the Planters, Plantations, and Places, MH Harris, Vol. I p. 896, 897: The Denbigh Plantation

"The early history of this tract is not known, by from its location it fell within the extensive grants of land to Col. Edmund Jenning whose land extended form Moncuen Swamp to Herring Creek.

This points to the fact that Col. Wm Aylett devised land along the ridge to his daughters and it seems likely that one of them fell heir to a part of the Denbigh tract. Among the early settlers in this area was William Spiller who appeared here before 1745 when he was known to be operating an ordinary near the Moncuen and Crenshaw's Mill.

April 21, 1745

To be sold by Public Outcry on Monday the 2nd of December next . . . on Moncuen Swamp near Spiller's Ordinary . . . in King William County."
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Virginia Genealogical Society Quarterly, Volume 27, Number 1, p. 62, Virginia Land Patent Book 22, Pages 332-end (1743-1745)

William Spiller: 1600 acres Louisa Co., between Contrary & Christopher Run, bound by Mr. Chiswells c, Colonel Merriweathers c., Robert Hester's line, Taits c., Adams c., John Kendricks c., 400 a. formerly granted Samuel White 22 Sept. 1739, 800 a. formerly g. John Kimbrow by 2 Ps. 2 Jun 1740, the right and title vested in sd. William Spiller, and the 400 a. the Residue never before granted. (p. 484) 20 Sept 1745.
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Mar 1748/9 Louisa County Survey Book, p.60
13 Mar 1748/9

Survey: John Kendrick, 335 acres on the branches of Contrary River and Christopher's Run in Louisa County. Adjoining William Spiller, Warner Lewis & Ralph Wormleys, John Kembrow, and Robert Hester.
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Feb 1759 Virginia County Records Spotsylvania County, 1721-1800, Volume I, edited by William Armstrong Crozier.
Book: E Bond of George Woodroof of Spts. Co. to Wm. Waller of same Co, Gent. 200 curr. As the sd. Waller has become security to Wm. Spiller of King William Co. for the sd. Woodroof and Wm. Woodroof, etc. Recd. 7 Feb 1759.
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Chronicles of the Scotch-Irish settlement in Virginia, Lyman Chalkey, p. 325

MAY, 1760 (A) Abraham Farrow, of King William, to William Spiller, of said County. Bond 1756. Test: James and Ann Russell. James Graves.
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1764, 1766 Justices of the Peace of Colonial Virginia: 1757-1775, Virginia State Library p. 56

King William [Co.] April 11th 1764.
William Spiller Gent.

p. 71 King William November 6th 1766.
William Spiller
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Oct. 1766 Old New Kent County [Virginia] Some Account of the Planters, Plantations, and Places, MH Harris, Vol. I p. 896, 897: The Denbigh Plantation

". . . It is from these bits of information that we have been able to locate the area in which William Spiller was living in King William County. It seems that he developed a good size plantation and if he had not been in need of money, we would have had no record of his habitation."

Oct. 24, 1766
"To be sold for ready money, the tract of land whereon the Subscriber lives in King William County containing 700 acres." It is within 8 miles of Page's warehouse where tobacco is sold for the best price, convenient to Churches, Schools, and the Buildings thereon are two dwelling houses, kitchen, storehouse, dairy, meat house, two negro quarters, barn, tobacco house, cornhouse, etc. Also another tract containing 100 acres of good high land lying on the Dorrell Swamp in King William.

William Spiller

There is no record of this property being sold at this time . . ."
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June, 1769 Chronicles of the Scotch-Irish settlement in Virginia: extracted, Volume 1, p. 358

JUNE, 1769 (A). William Spiller vs. Joseph Colven, alias Corbin. Petition, 1768. Memo: The above Joseph Colven, at the time he contracted the debt, lived with one Wm. Loggins in King William County, and enlisted himself in the Regiment in 1760-61, but am informed is since married to widow, by whom he has several children, about 6 miles below Staunton, in Augusta, about 1/2 mile from Stone Meeting House. (Signed) Wm. Spiller. Spiller was from King William, 1760.
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The Edward Pleasant Valentine Papers, Vol. I, p. 402
Caroline County Records

June, 1774: George Dabney (Caroline Co.) and Benjamin Cluverias Spiller, administrators of William Spiller, Gent vs. Lazarus Yarbrough. June 1774 Order Bk. 1774-76, p. 44, 48.
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Old New Kent County [Virginia] Some Account of the Planters, Plantations, and Places, MH Harris, Vol. I p. 896, 897: The Denbigh Plantation

". . . and in 1782, William Spiller was charged with 265 acres [this would be William Spiller the son] and Benjamin C. Spiller was charged with 615 acres in King William on land tax records."

William married Elizabeth Cluverius. [Group Sheet]