Lower Norfolk, VA Odean/Odian/Odium NEVER Oldham

Returning back to the William Odean/etc family in Lower Norfolk County, Virginia. As previous posts about William Odean show, I've spent many hours scrolling through court records, etc looking for information about the Lower Norfolk Odean family. One fact is that they were NEVER referred to as Oldham. Also, they are not to be confused with the Nansemond County, Virginia family!

Question: Who were the children of Capt. William Odean? 

1661/62, 15 August - Lower Norfolk County, Virginia Court(1)

Elizabeth Manning confesses that she had a baby by Capt. William Odeon. She was given lashes the following December. He was fined. (The entire judgment from the microfilm needs to be transcribed, I abstracted it.)

This was included because the child is mentioned in Capt. William Odeon's will.

1662, Jan 25; - Norfolk County (2)

proved 1662, Feb 16 - Will 

P. 368 In the Name of God amen the last will and testament of Mr. William Odeon being weak and sick but in perfect memory and knowledge praised be to the Lord for it. First I bequeath my soul into the hands of my Redeemer from whence it had his being, next I bequeath my boddy to ye ground to be decently buried. 2nd most I bequeath my earthly estate that God hath been please to bestow upon me after that my debts are pain in manner or forms as followeth –

FIRST I will and bequeath unto my Loving sonne William Odeon my whole divident of land with all the housings belonging to the same it being the same I now live upon.  Likewise I will and bequeath to my loving sonne William Odeon one third part of all my moveable Estate. Likewise I will and bequeath to my loving daughter Ellen Odeon one third part of all my moveable Estate. Likewise I will and bequeath unto my loving sonne Richard Odeon one third part of all my moveable Estate. Item - my will is that my whole Estate shall be at ye charge to bringing up of my sonne Richard Odeon until he come to the age of seventeen years at which age of seventeen it is my will that my sonne Richard Odoen be at full age to receive his third part  of my Estate that I have now by this my last will and testament bequeath unto him, also it is my will that my sonne William Odeon at full age to receive his third part of my Estate which I now bequeath him by this my last will and testament; as also his land and houses three years after the date of this my will. Likewise I give and bequeath unto Elizabeth Manninges child one cow value and the calve to be deducted out of my whole estate.  Also, I will and bequeath unto my servant Elizabeth Manninge her tyme of servitude that she hath now to serve me and ye said Elizabeth Manninge to be released from my service or any for me so soon as I shall depart this life. Also my will is that if any of my children dy before he or they come of age herein my will expressed that this or their third part so duerest to fall to ye rest of any children or child that are living.  Likewise it is my desire and will to be buried between the two apple trees that standeth at ye end of my ould house. Likewise I doe by this my last will and testament make and ordayne and full impower my Loving friend Francis Frazer to be my Overseer to see this my last will and testament performed whenon it shall please God to take me out of this world to restore me to his own. Witness my hand and seale this five and twentieth day of January 1662.

Signed and sealed in the presence of us: Richard Chinch and Abraham Elliott. 

Proved in court ye 16th day of February 1662 by Mr. William Ferney (Book D, p 368.)

1665, April 28 – Lower Norfolk County - Elizabeth River (3)

Mr. Richard JONES 300 acs. in Lower Norfolk Co., 28 April 1665 p. 156 (32) at the head of the S. branch of the Elizabeth River. Trans of 6 persons: Alice Martin, Alice Young, Gilbert Lewis, Mary Shute, Wm ODION the younger and Ellen ODION 

Same day: (3)

Thomas Wilson, 75 acs. Low. Norf. Co. 28 April 1665 p. 156 (32) From the head of Deep Creek, running by the maine poquoson (river) by the Beare path and c. Trans. Of 2 persons: Richard Odeon and Mary Williams.

1675 Nov 1 - Norfolk County - Elizabeth River (4)

Rich Odion witnessed will of Robert Butt of Elizabeth River, Norfolk County.

1677, Nov 23 - Norfolk County (4)

William Odeon discharged Francis Sayer as the executor of his father’s will.

1677/8, Feb 14 - Charles City Court (4)

P. 271 Attachment granted Mr. Thomas Blayton in behalf of William Odium 2, plt. agst the estate of Thos. Purford deft. For 800 lbs. tobbo.

The age requirements under Virginia Law at the time: (5)

A person had to be at least 21 to sell property, to serve on a jury, to sue in his or her own name in a court of law, to sign a bond or promissory note or to marry for the first time without parental consent (males).  However, a person did not have to be 21 years of age in order to witness a document (age 14 for males, 12 for females).  Only males could be mustered into a militia, as long as they were at least 16 yrs.  of age.  To take possession of land, in the case of inheritance, a person had to be 16.  The phrase "in possession of" on tax rolls meant that the person named was at least 16 yrs.  of age.  Males had to be 21 in order to buy land, but a female could purchase land at the age of 18.  To testify in court, or to be punished for a crime, males had to be 14, females 12. The phrase "in possession of" on tax rolls meant that the person named was at least 16 yrs.  of age.  Males had to be 21 in order to buy land, but a female could purchase land at the age of 18.  To testify in court, or to be punished for a crime, males had to be 14, females 12.

Conclusion:

According to his will (2), the children of Capt. William Odean are: 1. William, 2. Richard, 3. Ellen, and

4. Bastard child (no sex given- another line of enquiry for those descended from this line.) In his will he mentions that both William and Richard are not of legal age.(2) At the time of his death, his children were living in England, they arrived in Lower Norfolk county on 1665, April 28. (3) There isn't any mention in the records of a wife. Did she stay in England? Or, had she already died in England?

Unfortunately, the immigration records do not indicate the ages of William, Richard and Ellen, however, all of William's children were born by 1662, Jan 25 when his will was written (2).

By 1675 Nov 1, Richard had to be 14 in order to witness a document. (5) Which means he was at least born by 1661.

1677, Nov 23, William (Jr.) discharged Francis Sayer as the executor of his father’s will. According to law, he had to be at least 16 years of age to possess inherited land.(5) On 1677/8, Feb 14, William sued Thomas Purford. According to law, he had to be 21 in order to sue in court.(5) This means he was born by 1656.

Since this is not my line, I have not searched anymore for Ellen or the bastard child.

Happy Hunting - Until next time!

1. Norfolk County Virginia, Deed Books D - E 1656 - 1675. Subtitles of sections: Deed Book D - 1656-1666, Deed Book E - 1666 - 1675. FHC microfilm number 32824, Family Group number 7645626, image 210 of 630. Deeds and Wills, V. D - E 1656 - 1675. Filmed by the Genealogical Society of Utah, Norfolk County Courthouse Portsmouth, Virginia. June 20, 1950. https://www.familysearch.org/ark:/61903/3:1:3QS7-99PX-FXBW?i=227&cat=370289

2.  Norfolk County Virginia, Deed Books D - E 1656 - 1675. Subtitles of sections: Deed Book D - 1656-1666, Deed Book E - 1666 - 1675. FHC microfilm number 32824, Family Group number 7645626, image 228 of 630. Page 368. Deeds and Wills, V. D - E 1656 - 1675. Filmed by the Genealogical Society of Utah, Norfolk County Courthouse Portsmouth, Virginia. June 20, 1950. https://www.familysearch.org/ark:/61903/3:1:3QS7-99PX-FXBW?i=227&cat=370289

3.  Cavaliers and pioneers; abstracts of Virginia land patents and grants, 1623-1666., Nugent, Nell Marion., 1963; Baltimore, Genealogical Pub. Co. p. 445.

4. The Lower Norfolk County Virginia Antiquary; Volume 4 (Jan 01, 1951). United States: Peter Smith. https://archive.org/details/lowernorfolkcoun314unse

5. A Guidebook of American Genealogy, Ages of Legal Action, pp. 209-10, Table 7-4, contributed by Louise Birchfield of Austin, TX. https://freepages.rootsweb.com/~mobjackbaycolemans/genealogy/v02laws.htm#:~:text=However%2C%20a%20person%20did%20not,person%20had%20to%20be%2016.