Second Generation

2.  William Upshaw Sr. "Gent." was born before 1676 in Gloucester? Co, Virginia. He lived in Petsworth Parish, Gloucester Co, Virginia in 1697. He died in 1718–1720 at the age of 42 in Essex Co, Virginia. William was buried at an unknown cemetery in Essex Co, Virginia. 

DOCUMENTATION & NOTES:

1. 1676 (or before): birth date calculated from the assumption of his being of majority age of 21 as a land owner in 1697 in Gloucester Co., Virginia (Source: Virginia Land Patent Book 9, page 90).  
   (Contributed by Barbara Vines Little, CG, FNGS, FVGS, March 2012): "The age of twenty-one is the Full Age of Man or Woman; which enables them to contract and manage for themselves, in Respect to their estates, until such time as they cannot act with Security to those as deal with them; for their Acts are in most Cases either void, or voidable ... But a person under Twenty-one, may contract for Necessary suitable to his Quality, and it shall bind him. Also one under age may be Executor of a Will ... and at Fourteen Years of Age a person may dispose of Goods and Personal Estate by Will tho' not of Lands 'till the age of Twenty-one." (Source: Giles, Jacob, "A New Law Dictionary: Containing the Interpretation and Definition of Words and Terms used in the Law; and also the whole Law and the Practice Thereof, Under all the Heads and Titles af the Same Together with Such Informations Relating Thereto, and Explain the History and Antiquity of the Law, and Our Manners Customs, and Original Government Collected and abstracted from all Dictionaries, Abridgements, Institutes, Reports, Year-Books, Charters, Registers, Chronicles, and Histories, Published to this Time ... ". (1744: reprint, Clark, N.J.: The Lawbook Exchange, 2004), unpaged).  

2. 1697, 28 Oct: Virginia Land Patent Book 9, page 90: Gawin Corbin received a land patent for 61 acres in Petso (sic) Parish [Gloucester County], adjoining Wm. Upshaw, Mr. John Grimes, crossing Noxes (Knox?) Swamp to Dragon Rode(sic).

3. 1699, 9 January: William Upshaw of Gloucester County, Gent., buys 1.017 acres in Essex County for one hundred pounds sterling from Harry Beverly of Middlesex County. (Source: Essex County, Virginia records, 8 June 1699 - 10 March 1700/1, page 46-47)

4. 1699, 9 January: William Upshaw (among others) witness to deed from Harry Beverly of Middlesex County to James Reynolds of Gloucester county for 1,017 acres of land in Essex County for 100 pounds sterling. (Source: Essex County, Virginia records, 8 June 1699 - 10 March 1700/1, page 47-48)

5. 1699, 9 January: William Upshaw (among others) witness to deed from Harry Beverly of Middlesex County to Jno. Doubty & Thomas Graves of Essex County for 240 acres on Essex County. for 2,400 pounds of tobacco.
(Source: Essex County, Virginia records, 8 June 1699 - 10 March 1700/1, page 48)

6. 1699, 4 Oct: "Mr. Wm. Upshaw" appointed overseer of highways in upper parts of Petsworth Parish in Mr. Robt. yards room they having each performed their charge ... (Source: Vestry book of Petsworth Parish, page 55, original page 54).

7. 1700, 2 Oct:  It is ordered that Mr. Robt. Nettless be Surveyor for ye upper part of this Parish this present year in the Roome of Mr. William Upshaw and that he be Discharged from his office. (Source: Vestry book of Petsworth Parish, page 65, original page 62).

8. 1703, 26 Oct: "Mr. William Upshaw" , Church warden, present at Vestry meeting on 26 Oct 1703. (Source: Vestry book of Petsworth Parish, page 76, original page 75).

9. 1703, 26 Oct: 100 pounds of tobacco paid to "William Upshaw" (Source: Vestry book of Petsworth Parish, page 77, original page 75).

10. 1703, 26 Oct: "Mr. William Upshaw" listed as "Churchwarden for this present year" (Source: Vestry book of Petsworth Parish, page 77, original page 75).

11. 1703/04, 10 Feb: "Mr. Willm. Upshaw" listed as a Church warden present at a Vestry for Petsoe Parish 10 Feb 1703/04. (Source: Vestry book of Petsworth Parish, page 78, original page 77). 

12. 1704, 10 Apr: "Wee whose names are under written doe hear [  ] testify and declare that wee doe not believe yt. there is any Transubstantiation of the Elements of bread and wine in ye Sacrament of ye lords Supper at or after the consecration thereof by any person whatsoever. (Signed) Wm. Upshaw. (Source: Vestry book of Petsworth Parish, page 46, original page 45).

13. 1704, 10 Apr: Mr. Willm. Upshaw, Church warden, present at a Vestry for Pettso parish 10 April 1704. (Source: Vestry book of Petsworth Parish, page 80, original page 79). 

14. 1704, 24 Apr: Mr. Willm. Upshaw, Church warden, listed as present at a Vestry for Pettso Parish 24 Apr 1704 (Source: Vestry book of Petsworth Parish, page 81, original page 80).

15. 1705, 3 Oct: Mr. William Upshaw, present at a Vestry held for Pettso parish 3 Oct 1705. (Source: Vestry book of Petsworth Parish, page 86, original page 86).

16. 1705, 3 Oct: 800 pounds of tobacco paid by Pettso Parish to Dr. Ralph Baker by agreement with Wm. Upshaw. (Source: Vestry book of Petsworth Parish, page 86, original page 86).

17. 1706, 9 Oct: Mr. Wm. Upshaw, present at a Vestry held for Pettso Parish 9 Oct 1706. (Source: Vestry book of Petsworth Parish, page 88, original page 89).

18. 1707, 1 Oct: Mr. Wm. Upshaw, Church warden, present at a Vestry held for Petsoe Parish 1 Oct 1707. (Source: Vestry book of Petsworth Parish, page 90, original page 91).

19. 1707, 1 Oct: "itt is ordered that Mr. William Upshaw ... be Church-wardens for this next ensuing year in this Parish and that they doe gather and collect from every Tythable person of this Parish forty five pounds of tobacco ..." (Source: Vestry book of Petsworth Parish, page 91, original page 92).

20. 1707, 17 Nov: This Indenture made on the Seventeen day of Novembr in the Sveth year of the reign of our Sovereign  Lady Anne Queen of England, Scotland, France and Ireland, Queen Defender of the Faith Anno Dom seventeen hundred and Seven ... Witnesseth that I William Upshaw & Walter Waters Church-wardens of Petso parish in the County of Gloucstr doe in the name & behalfe of the Vestry there of by this indenture bind unto Daniell Brown  & his heirs a parish Garll (sic) named Mary Peacock untill she comes to the full age as the law directs to serve him or them in all manner of Lawfull Servis or implotmt that he or thay shall sett her about & the sd Daniell Brown bind & oblige him selfe his heirs & c. to give her the said Mary Peacock three years Schooling & to Carefully instruct learn & Educate the sd Peacock in all such wayes that she may be able after her indented tyme is expyred to gett her own leiving & to allow her sufficient meat, drink, lodging & apparel untill the expiration of the sd tyme & after the finishing of the same to pay unto the sd. Mary Peacock all Such allowances as the law directs in such cases as allsoe to keep  the aforesd parish during the aforesd intended tyme from all manner of Charges or being any wayes burdensum to the Said & the above named Church wardens doe obledge themselves in quallitey aforesd to have allowed to the Sd Brown five hundred lbs oftobo & Cask at the next Levie in Consideration of her three years Schooling . In witness whereof both the prtyes have hereunto set their hands & Seals day & year above written. (Source: Vestry book of Petsworth Parish, page 92, original page 93).

21. 1708, 29 April: Mr. William Upshaw, Church warden, present at Vestry for petsie parish. (Source: Vestry book of Petsworth Parish, page 93, original page 94)

22. 1708, 13 Sep: Mr. William Upshaw, Church warden, present at Vestry for petsoe parish. (Source: Vestry book of Petsworth Parish, page 93, original page 95)

23. 1708, 13 Sep: Parish pays to Mr. Wm. Upshaw on account, 480 lbs. Tobo. (Source: Vestry book of Petsworth Parish, page 94, original page 95)

24. 1708, 13 Sep: And Mr. John Royston is appoynted Church-warden in the roome of Mr. Wm. Upshaw & he is Dischargd from that Office. (Source: Vestry book of Petsworth Parish, page 95, original page 96)

25. 1708, 6 Oct: Mr. Wm. Upshaw, present at a vestry held for Petsoe parish. (Source: Vestry book of Petsworth Parish, page 95, original page 97)

26. 1709, 6 April: Mr. Wm. Upshaw, present at a vestry held for Petso Parrish. (Source: Vestry book of Petsworth Parish, page 96, original page 98)

27. 1710, 4 Oct: Mr. Wm. Upshaw, present at a vestry held for petsoe parish. (Source: Vestry book of Petsworth Parish, page 103, original page 105)

28. 1710, 18 Oct: Mr. Wm. Upshaw, present at a vestry held for Petsoe parish. (Source: Vestry book of Petsworth Parish, page 105, original page 106)

29. 1711, 18 Sep: Mr. Wm. Upshaw, present at a vestry for petsoe parish.
   (Source: Vestry book of Petsworth Parish, page 106, original page 107)

30. 1711, 26 Sep: Mr. Wm. Upshaw, present at a vestry for petsoe parish.
   (Source: Vestry book of Petsworth Parish, page 107, original page 108)

31. 1711, 26 Sep: and it is ordered that Mr. Wm. Upshaw & Mr. William Roan see the land [ ] within the Sixth precinct of this parish processioned between the las[ ] day of this instant September & the last day of March next. (Source: Vestry book of Petsworth Parish, page 110, original page 109)

32. 1711, 3 Nov; Order that Mr. Wm. Upshaw & Mr. Wm. Roan begin on the fourteenth day  of Janry next & see the lands wthin in the sixth precinct processioned according to Gloucestr Courts order. (Source: Vestry book of Petsworth Parish, page 111, original page 111)

33. 1711, 3 Nov: (duplicate of above).  (Source: Vestry book of Petsworth Parish, page 111, original page 111)

34. 1711, 22 Mar: (Note: year should probably correctly be "1712"); Mr. Wm. Upshaw, presnt at a Vestry held for petsoe parish. (Source: Vestry book of Petsworth Parish, page 112, original page 112) 

35. 1713, 22 Sep: Mr. Wm. Upshaw, present at a vestry held in petso Parrish. (Source: Vestry book of Petsworth Parish, page 116, original page 115)

36. 1713, 7 Oct:  Mr. Wm. Upshaw, present at a vestryt held for petso parrish. (Source: Vestry book of Petsworth Parish, page 116, original page 115)

37. 1714, 5 Feb: This prst Vestry hath Chose Mr. John Reade, Mr. Richd Seaton, Mr. Frans Wyatt and Mr. Phill Smith as Vestry men in ye room of James Dudley, Mr. Wm. Upshaw, Mr. Nichs Smith and Mr. Wm. Thornton. (Source: Vestry book of Petsworth Parish, page 123, original page 122).

38.  1714, 12 Aug: Deed of gift, 12 August 1714. Wm. Upshaw witness to deed of gift from Nicholas Smith to Nicholas Smith, Junr.  (Source: Beverly Fleet, Virginia Colonial Abstracts,Vol. 8, pp.97, Essex Co, VA, Wills & Deeds, 1711-1714, page 273) 

39. 1715, 5 Oct: Petso Parish paid to  Wm. Upshaw for corn to Fowler, 100 pounds tobo. (Source: Vestry book of Petsworth Parish, page 132, original page 132)

40. 1716, 20 & 21 August: Lease and Release. Edward Waller of Stratton Major Parish, King and Queen County, sells Wm. Upshaw of So. Farnham parish, Essex County, 200 acres, being part of 400 acres that belonged to Charles Waller, which he formerly bought of aforesd Wm. Upshaw, being part of a patent that belonged to Harry Beverly, and lying in Essex County, on the No. side of Hoskinses Swamp and bordering land of one Treshley (sic). (Source: Beverly Fleet, Virginia Colonial Abstracts, Vol. 4, pp. 103-104, Essex Co, VA, Vol. 14 page 695).

41. 1716, 16 September: Will of William Upshaw, written; (transcribed by Ted O. Brooke, August 2009), 
   In the name of God, Amen. I William Upshaw, considering the uncertainty of this life and being of a sound and perfect memory at this present, praise be to Almighty God, do by these presense make, ordain, appoint, and constitute this to be my last will & testament, revoking & disannulling all other my wills and Testaments w'soever in manner & form as followeth -
   First - I do will & bequeath my soul unto the almighty God who gave it me and when he shall think fit of his good will & pleasure to take me home, hope to receive remission of my sins through the merits of my blessed Lord & Saviour Jesus Christ; also do bequeath my body to the Earth to be decently buryed as my Exerts. hereafter mentioned shall think neat & convenient.
   Item - I give and bequeath to my son Jeremiah Upshaw the plantation that I now live on, three hundred and fifty acres of the lower part of the tract to he & his heirs for ever.
   Item - I give & bequeath to my son Richard Upshaw all the manner (sic) part, to him & his heirs for ever.
   Item - I give & bequeath to my son William Upshaw all my quarter land lying in the fork of Jelson's Swamp, to him & his heirs for ever.
   Item - I give & bequeath to my son John Upshaw my plantation in Gloster,  to him & his heirs for ever.
   Item - I give & bequeath to my eldest dafter [daughter] Cordelia Hipkins three pounds paid in a store.
   Item - I give & bequeath to my daftor [daughter] Susanna Brooking twenty five shillings paid in a store.
   Item - I give & bequeath to my mother Cordelia Martin during her life three pounds a year credit in a store.
   Item - I will & constitute all the rest of my estate to be equally divided between my loving wife & the children that I had by her, making my well beloved wife Hannah Upshaw my hole Executrix.
   In witness whereof I have hereunto set my hand & seal this Sixteenth day of September 1716.
   (signed) Wm Upshaw    (Seal)
   Signed, Sealed & Delivered in the presents of us - James Griffing, Thomas Sthreshly, Jun'r.
   At a Court held for Essex County on Tuesday ye 17th day of May 1720 - 
   This will was presented in Court by Hannah Upshaw, Excx within named, who made oath thereto & being further proved by the oath of James Griffin & Thomas Sthreshly. Jun'r., witnesses thereto, is admitted to record.
   Test W. Beverly, Cl Cur
(Source: Essex Co., Va., Will Book 3, page 143, 144).

42. 1718, 9 February: "Received of William Upshaw full Satisfaction  for all dues and demands due from him to my wife Mary as he Marrying my wives Mother the Widdow and Executrix of my wives father James Carber, Deceast and do hereby Acquitt and Discharge him the said Upshaw from all Gifts or Legesays which are or may hereafter become due to me  or my wife Mary by any of the ways aforesaid. Witness our hands and seals this Ninth day of February, 1718.
   (signed) James Rennolds Junr., Thomas Cooper Dickinson (see note below), Thomas Sthreshley Junr., Mary (N her mark) Dickinson. Recorded in Essex Court, March 20, 1749." (Source: Essex County Will Book 8 page 302)

43. 1720, 17 May: William Upshaw will proven, Essex Co, VA (Source: Essex Co., Va., Will Book 3, page 143, 144).

SECONDARY SOURCES:

1. The progenitor of the Upshaw family in Essex County, Virginia, "William Upshaw, Gent., planter," was living in Petsworth Parish, Gloucester County, Virginia, in 1699, when, on January 9th of that year, he purchased for a consideration of one hundred pounds sterling, from Harry Beverly, Gent., and Elizabeth, his wife, of the County of Middlesex, 1017 acres of land in Essex County, being part of a dividend of land granted to his father, Major Robert Beverly, deceased, situated on "Gilson's Maine Run", and adjoining the lines of Major Morris, Thomas Button, deceased, John Doughty and Thomas Sthreshley. The witnesses were James Reynolds, John Saunders, Thomas Srthreshley and John Doughty. (Essex Deed & Will Book 10, pp. 46-47). Doughty and Reynolds also bought land from Beverly at this date, and William Upshaw was one of the witnesses to the conveyances.
   On August 7, 1703, Upshaw conveyed 400 acres of this land to Charles Waller, of Petsworth Parish, Gloucester County, "cooper." James and Sarah Reynolds, of the aforesaid parish and county, and Will. Miller witnessed this transaction. (Source: William and Mary College Quarterly; 2nd series, Vol 18, no. 1; January 1938, "The Upshaw Family of Essex", by Lenora Higginbotham Sweeny, page 64-68).

2. William Upshaw was born ca. 1666 and his will was probated 20 May 1720, Essex Co., Va. He was living in Gloucester Co., Va., in 1699.
   The name of his first wife is unknown. He married second, Hannah Forrest, widow of James Carber. She was born ca. 1679 and died ca. 1763 in Essex County, Va. Her will was made 1 Sept. 1762 in Essex Co., Va.
   "Tyler's Quarterly", Vol. XIV, page 125 states, "Mrs. P.W. Hiden who has given so much of her valuable time to research work and the restoration  of the early records of Virginia says in her admirable article on the Tandy family that it seems evident that Hannah, wife of William Upshaw, and Susanna, wife of Charles Waller, were sisters. Their maiden name was almost certainly Forrest, since that name appears so frequently among their descendants. The Roanes, Reynolds, Crittendens, Upshaws and Wallers were all Gloucester people who between 1700-1717 joined other Gloucester families who had gone north into Essex Co., Va."
   "We find several persons by the name of Forrest living in Gloucester Co., Va., in the 17th century, among whom were Henry Forrest who patented 700 acres in 1650 and Edmund and John Forrest who received grants of land from the crown in 1684."
   "Hannah Forrest Carber Upshaw was left a widow for the second time when her oldest child was 16 years of age. She lived to see her sons zealous churchmen and prominent in civic and military affairs and her daughters married to prominent men of Essex Co., Va. She purchased and patented land and continued to manage the estate until her death, 15 September 1729 she assigned her son, Jeremiah Upshaw, all her right and title to the 220 acres of land which she bought of Robert Smith lying between the main swamp f Piscataway and Hoskins Creeks, "being the land whereon the said Jeremiah now dwells." This seems to be a gift of exchange for Jeremiah Upshaw in return deeds to his mother for consideration of 10 pounds, "all the plantation whereon Hannah Upshaw dweleth, situated and being in the Parish of South Farnham, Essex County, part of a tract of land my father Captain William Upshaw purchased from Harry Beverley, Esq,"
   Will of William Upshaw. Written and proved by William Upshaw and proved 17 May 1720, Essex Co., Va. James Griffing and Thomas Sthreshley, Jr. were witnesses.
   In the name of God amen. I William Upshaw considering the uncertainty of this life and being of sound and perfect memory at this present praise to be Almighty God do by these presents make and ordain appoint and constitute this to be my Last Will and Testament - Revoking and Disannuling all others, my will and testaments whatsoever in manner and form as followeth -
   First, I do will and bequeath my soul unto the almighty God who gave it to me and when he shall think fit of his good will and pleasure to take me home do hope to Receive Emission of my sins through the merits of my blessed Lord and Savior Jesus Christ also do bequeath my body to the Earth to Decently buryed  as my Extrix. here after mentioned  shall think neat and Convenient --
   Item - I give and bequeath to my son Jeremiah Upshaw the Plantation that i now live on three hundred and fifty acres of the lower part of the tract to be (sic) forever.
   Item - I give and bequeath to my son Richard Upshaw all the remainder part to him & his heirs forever.
   Item - I give and bequeath to my son William Upshaw all my Quarter land lying in the fotk of Gilson's Swamp to him and his heirs forever.
   Item - I give and bequeath to my son John Upshaw my plantation in gloster (sic) to him and his heirs forever.
   Item - I give and bequeath to my eldest daughter Cordilia Hipkins three pounds paid in a store.
   Item - I give and bequeath to my mother Cordelia Martin during her life three pounds a year credit in a Store.
   Item - I will and Constitute all the Rest of my Estate to be equally divided between my loving wife and the children that I had by her making my well beloved wife Hannah Upshaw my sole Executrix in witness whereof I have hereunto set my hand and Seal this sixteenth day of December 1718.
   On 20 May 1720 letters of administration were granted to the widow and executrix, Hannah Upshaw, James Alderson, William Winston and Thomas Cooper Dickinson went on her bond.
   At the same court Thomas Sthreshley, Jr. was appointed Surveyor of the highways in the lace of Captain William Upshaw, Gent.
   The inventory of the estate of Capt. William Upshaw covering 9 pages of the record book, was returned to Essex Court by the appraisers, James Reynolds, Jr.; Charles Waller and Henry Tandy, 21 June 1720.  Among other items in the inventory is a parcel of old books some of which had been bequeathed to him by the will of his friend, Captain Leonard Tarrant, proved in Essex 16 July 1718, who names as his executors, "my loving friends, Paul Micou and William Upshaw." to whom he leaves my books.
   Children of William Upshaw and Hannah Forrest: i. Jeremiah Upshaw; ii. Richard Upshaw; iii. William Upshaw, Jr.; iv.John Upshaw; v. Cordelia Upshaw Hipkins; vi. Forrest Upshaw; vii. Ann Upshaw; viii. Hannah Upshaw; ix. Sarah Upshaw; x. Margaret Upshaw.
   (Source: Mary Addison Woolum Thevenet, "Thevenet-Woolum and Allied  Families Roane, Upshaw, Forrest, Harwood & Vaughan" (Dallas, TX: Farmer Genealogy Co., 1977), page 60-2).

BIBLIOGRAPHY:

1. C.G. Chamberlayne, "The Vestry Book of Petsworth Parish, Gloucester County, Virginia 1677-1793" (originally published Richmond, VA, 1933); Reprinted for Clearfield Company, Inc., by Genealogical Publishing Co., Inc., Baltimore, MD, 1999; pages 46, 55, 65, 76, 77(2), 78, 80, 81, 86(2), 88, 90, 91, 92, 93(2), 94, 95(2), 96, 103, 105, 106, 107, 110, 111(2), 112, 116(2), 123, 132.

2. William and Mary College Quarterly; 2nd series, Vol 18, no. 1; January 1938, "The Upshaw Family of Essex", by Lenora Higginbotham Sweeny, page 64-68.

3. Mrs. Grace E. Jared, "They Met Challenges ... With Memoirs", 1968; page 8, 9.

4. Sophie W. Upshaw, "Captain William Upshaw, Gent., Planter of Virginia" (Baltimore, MD: Gateway Press, Inc., 1975), pages 3-7. 

5. Joyce H. Lindsay, "The Virginia Ancestry of Alice Upshaw Blake wife of John Daniel Baker" (no place: the author, 1963), pages 1-12..

6. Mary Addison Woolum Thevenet, "Thevenet-Woolum and Allied  Families Roane, Upshaw, Forrest, Harwood & Vaughan" (Dallas, TX: Farmer Genealogy Co., 1977), page 60-67).

COMMENTS:  

1. Although William Upshaw has been titled "Captain" in several previous articles and publications, I have found no case of this title being used in original records; neither do I find where he is a captain of militis, which is usually the origin of this title.

2.  William Upshaw was living in Petsworth Parish, Gloucester Co, VA, in 1697 and first bought land in Essex Co, VA, in 1699 although he still owned land in Gloucester Co. in 1704/5.  He was active in the Church in Petsworth Parish, Gloucester Co, until 1714, when he apparently moved to Essex Co.

3. Notes concerning the possible origins of William Upshaw of Gloucester & Essex counties, Virginia:

4. Various information and misinformation has been disseminated regarding the possible origins of William Upshaw of Gloucester and Essex Counties, Virginia. These legendary accounts have been published and republished since at least 1896, which account was first printed in the "Kentucky Historical Society Register" in 1906 (Vol 4 #10), until as recently as 1996 in the "Kentucky Explorer", March 1996 issue. The legend seems to have originated within the research of Thomas Teackle Upshur II, who printed "A Sketch of the Upshur Family" in 1887 (Quinby Papers, Alderman Library, University of Virginia).
   William Upshaw is the proven progenitor of all the Upshaw family in the United States and descent from him can usually be reasonably well documented. The first record of this William is on 28 October 1697, when Gawin Corbin received a land patent for 61 acres in Petso(sic) Parish, adjoining Wm. Upshaw, Mr. John Grimes, crossing Noxes (Knox?) Swamp, to Dragon Rode (sic) (Virginia Land Patent Book 9, page 90). This proves that William Upshaw was a resident of Gloucester County as early as 1697.
   The last record of William Upshaw is in 1720 Essex County, Virginia, when his will was proven (Essex County, Virginia, Will Book 3, page 143). In the interim from 1697 to 1720, there is much documentary evidence that he moved from Gloucester to Essex County.
   The legendary account of the ancestry of William Upshaw is based on two supposed brothers, Abel and Arthur Upshur, coming from Essex County, England to the Eastern Shore of Virginia in 1640 and William Upshaw is supposedly descended from the brother Abel. The Upshur family in America descends from Arthur, whose name first appears as "Upshott" and he is well documented in early Virginia records. However, contrary to the legendary story, the name of Abel Upshott/Upshur/Upshaw does NOT appear in any record yet examined. There is no factual record of there being any such person as Abel Upshaw.
   There is, however, jurisdictional factual evidence to support the fact that Jeremiah Upshaw was the father of William Upshaw. On 10 April 1667, Jno. Benson and Jno. Waller received a patent for 423 acres in Ware Parish, Gloucester County, Virginia, for the transport of 9 persons, which included "Jeremiah Upshaw" (Patent Book 6 page 74). On 7 October 1672, Col. Jno. Blake received 200 acres in Nansemond County, Virginia, for the transport of 4 persons, including "Jeremy Upshaw" (Patent Book 6 page 435).
   Furthermore, William Upshaw, in his will proven in 1720 in Essex County, Virginia, names his first (supposedly eldest) son as "Jeremiah", which is further circumstantial evidence that William's father was Jeremiah. The custom was, in that time, for the first born son to be named for the father's father.
   The "Upshur Family in Virginia", second edition, by Robert Irving Upshur and Thomas Teackle Upshur IV, 1993, pages 3-5, Chapter I "The Immigrants" gives a balanced comparison of the legendary Abel Upcher and the documented Jeremiah Upshaw.
   The salient points are these:
   1. There is no documentation of any person named Abel Upshott/Upcher/Upshaw.
   2. There is factual documentation of Jeremiah Upshaw.
   3. There is documentation of Jeremiah Upshaw in the Gloucester County, Virginia area in 1667 and 1672, where William was first documented in 1697.
   4. Jeremiah was the first named and supposedly eldest son of William as given in William's will. It was a custom in that time to name the first born son after the husband's father.
   The preponderance of the evidence indicates that the documented Jeremiah Upshaw is the father of William and not the undocumented Abel of tradition. Gloucester County, Virginia, records were destroyed in 1820 and those records are not extant, so scant evidence must be gleaned from other sources.
   Additional research includes searching for any mention of Jeremiah and Cordelia Upshaw in English records. Cordelia, William's mother, was named as "Cordelia Martin" in William's will in 1716. A "Cordelia Martin, Widd." is listed in the 1704 Quit Rent Rolls of King and Queen County, which shows she had evidently been widowed by Jeremiah Upshaw and had then married a "Martin" and been widowed by him, all prior to 1704. This would indicate that Jeremiah had died prior to 1704. Research is needed among early Virginia records to locate any mention of "Cordelia".

5. There is no mention of "William Upshaw" in "England and Wales Christening Records 1530-1906" or in "England and Wales Marriages 1530-1906".

6. It should be noted that William Upshaw, was alive as late as 9 February when the record is noted "Received of William Upshaw full Satisfaction  for all dues and demands due from him to my wife Mary as he Marrying my wives Mother the Widdow and Executrix of my wives father James Carber, Deceast and do hereby Acquitt and Discharge him the said Upshaw from all Gifts or Legesays which are or may hereafter become due to me  or my wife Mary by any of the ways aforesaid. Witness our hands and seals this Ninth day of February, 1718.
   (signed) James Rennolds Junr., Thomas Cooper Dickinson (see note below), Thomas Sthreshley Junr., Mary (N her mark) Dickinson. Recorded in Essex Court, March 20, 1749." (Essex County Will Book 8 page 302)
   His son, William Upshaw Jr., was born circa 1713. was marriied to Tamazen Sthreshley between 1733 and 1735, indicating that he was of majority age at that time. All deeds and other records of "William Upshaw" prior to 1720 would pertain to William Upshaw, Sr., who died between 1718 and 1720.

William Upshaw Sr. "Gent." and Susannah(?) (maiden name unknown) were married circa 1696 in Gloucester? Co, Virginia. Susannah(?) (maiden name unknown) was born circa 1676 in Gloucester? Co, Virginia. She died circa 1700 at the age of 24 in Gloucester Co, Virginia. She was buried at an unknown cemetery in Gloucester Co, Virginia. 

DOCUMENTATION & NOTES:

1. No evidence has ever been found as to the name of the first wife of William Upshaw. However, as he named one of his two daughters by his first wife Cordelia, obviously after his mother, it is reasonable to think that the other daughter who was named Susannah may have been named after her mother (and William's first wife), Susannah.

William Upshaw and Susannah(?) (maiden name unknown) had the following children:

	+3	i.	Cordelia Upshaw, born ca 1698, Gloucester Co, Virginia; married Thomas Hipkins  Sr., bef 1716, Essex? Co, Virginia; died 1771, Essex Co, Virginia.
	+4	ii.	Susannah Upshaw, born bef 1700, Gloucester Co, Virginia; married William Brooking, bef 1716, Gloucester? Co, Virginia; died Gloucester? Co, Virginia.

William Upshaw Sr. "Gent." and Hannah Forrest? were married circa 1702 in Gloucester or Essex Co, Virginia. 
 Hannah Forrest? was born circa 1679. She died circa 1763 at the age of 84 in Essex Co, Virginia. She was buried at an unknown cemetery in Essex Co, Virginia. 

DOCUMENTATION & NOTES:

1. 1762, 1 December: Date of will of Hannah Upshaw, Essex Co, VA., recorded 20 June 1763).
   In the name of God, amen. I Hannah Upshaw of the County of Essex, being sick and weak of body but of perfect sense and memory, therefore calling to mind the uncertainty of this transitory life, do make and ordain  this my last Will and Testament in manner and form following, viz -
   Imprimis - I give & bequeath unto my son John Upshaw all the tract of land and plantation whereon I now live to the division line made by Capt. James Wood between my two sons Jeremiah and Richard and my large copper still and worm,  to him and his heirs forever.
   Item - I give to my said son John Upshaw and to his heirs forever the tract of land that belonged to my son Richard whereon he formerly lived with the Proviso that he my said son John doth pay unto my grandson Richard Hipkins the full value of the said land according to its valuation by three Gentlemen by them Elected and Chosen.
   And in the case my said son John should refuse to pay the valuation as aforesaid, that then I give the said tract of land to my said grandson Richard Hipkins & his heirs forever.
   Item - I give to my grandson Leroy Upshaw the tract of land I purchased of William Major, reserving part of the use thereof to work the Negros hereafter devised to his Brother and Sister until they arrive at the age of twenty one or marriage to him and heirs forever.
   Item - I give to my said grandson Leroy Upshaw one young negro lad named James and to my grandson John Upshaw one negro boy named Jeechey and to my grand daughter Milley Upshaw one young negro woman named Milley, and to each of them one cow and calf, one ewe and lamb and one sow and piggs (sic) and if either of them should die before they come of age or marry, his or their part to be divided between the survivors.
   Item - I give to my daughter Margarett Hipkins one negro woman named Hannah and to my grand daughter Mary Ann Roane one negro woman named Letty and to my grand daughter Martha Hipkins one negro girl named Sarah to geather (sic) with their future increase.
   Item - I give to my grand daughter Mary Upshaw one negro girl named Rachel and to my grand daughter Sarah Upshaw one negro girl named Beck.
   Item - I give all the residue of my estate of what nature soever  to be divided into seven equal parts amongst the following persons Viz = the representatives of my daughter Hannah, and of my son Jeremiah, and of my daughter Ann, and my daughter Sarah, my son John and my daughter Margarett, and my grandson Thomas Cooper Dickerson. 
   Item - As there is a suit in Chancery now depending in the General Court against the Executor of Richard Upshaw, Dec'd., and others, and as the event is uncertain, I desire my son John who is Executor of the said Richard Upshaw, be indemnified out of my estate, in case there should be any damage decreed against him in the said suit.
   And I constitute and appoint my son in law Samuel Hipkins, John Upshaw and Thomas Roane, Executors of this my last Will and Testament.
   In Testimony whereof I have hereunto set my hand and seal this first day of December 1762. 
   (signed) Hannah (+ her mark) Upshaw.
   Signed, Sealed, Published and Declared to be here Last Will and Testament in presence of Thomas Reynolds, William _ (his mark) McIntoch, Richard Graves, Jr.
   At a Court held for Essex County at Tappa (Tappahannock) on the 20th day of June 1763 - 
   This Last Will and Testament of Hannah Upshaw, Dec'd., was presented into Court and sworn to by John Upshaw:and Thomas Roanem Executors therein named, and was proved by William McIntosh and Richard Graves, Jun'r., two of the Witnesses thereto and Ordered to be Recorded. (Test) - John Lee, Jun'r, D. Cl.
   (Source: Essex County, Virginia, Will Book 12, page 54-55).

SECONDARY SOURCES:

1. Sophie W. Upshaw, "Captain William Upshaw, Gent., Planter of Virginia and Allied Families" (Baltimore, MD: Gateway Press, Inc., 1975), pages 6, 7.

2. (Source: William and Mary College Quarterly; 2nd series, Vol 18, no. 1; January 1938, "The Upshaw Family of Essex", by Lenora Higginbotham Sweeny, page 64-68).

3. "[William Upshaw, Gent.], was a widower with two daughters when he married Hannah, widow of James Carber, deceased,  who also had a daughter, Mary, as is shown by the following document:
   "Received of William Upshaw full Satisfaction  for all dues and demands due from him to my wife Mary as he Marrying my wives Mother the Widdow and Executrix of my wives father James Carber, Deceast and do hereby Acquitt and Discharge him the said Upshaw from all Gifts or Legesays which are or may hereafter become due to me  or my wife Mary by any of the ways aforesaid. Witness our hands and seals this Ninth day of February, 1718.
   (signed) James Rennolds Junr., Thomas Cooper Dickinson (see note below), Thomas Sthreshley Junr., Mary (N her mark) Dickinson. Recorded ibn Essex Court, March 20, 1749." (Essex County Will Book 8 page 302)
   (note @ Thomas Cooper Dickinson: Thomas Cooper Dickinson was Head-right for Ann Gregson, 1706. He appears to have died intestate some time in the year 1728, as on the 18th June, 1728,Thomas Jones and Hannah Upshaw go on the bond of Mary Dickinson, Admtrix. of the estate of Thomas Cooper Dickinson, decd. A month later, Samuel Edmondson, John Motley and Joseph Leaman returned the inventory and appraisement, and Aug. 18, 1730, the final settlement of the estate took place. (Essex County Wills, Bonds, etc., book 4, pp. 262, 268, 385). (Source: William and Mary College Quarterly; 2nd series, Vol 18, no. 1; January 1938, "The Upshaw Family of Essex", by Lenora Higginbotham Sweeny, page 66).

William Upshaw and Hannah Forrest? had the following children:

	+5	i.	Jeremiah Upshaw, born ca 1704, Gloucester or Essex Co, Virginia; married Miss (Female) Buckner, bef 1729, Essex? Co, Virginia; died 1746–1747, Essex Co, Virginia.
	+6	ii.	Hannah Upshaw, born ca 1706, Gloucester or Essex Co, Virginia; married Capt. Thomas Jones, ca 1725, Essex? Co, Virginia; married Daniel Silverman  Jr.; died bef 1765.
	+7	iii.	Ann Upshaw, born ca 1708, Gloucester or Essex Co, Virginia; married (given name unk) Davis, ca 1730, Essex? Co, Virginia; died 1750, Essex Co, Virginia.
	+8	iv.	Sarah Upshaw, born ca 1710, Gloucester or Essex Co, Virginia; married William Roane  Sr., ca 1728, Essex Co, Virginia; died 1760, Essex Co, Virginia.
	+9	v.	Richard Upshaw, born ca 1712, Gloucester or Essex Co, Virginia; married Hannah (maiden name unknown), bef 1755, Essex Co?, Virginia (no issue); died Jan 1755, Essex Co, Virginia.
	+10	vi.	William Upshaw  Jr., born ca 1713, Gloucester or Essex Co, Virginia; married Tamazen Sthreshley, 1733–1735, Essex? Co, Virginia; died 1760, Essex Co, Virginia.
	+11	vii.	John Upshaw, born 21 Jul 1715, Essex Co, Virginia; married Mary Lafon, ca 1763, Essex? Co, Virginia; died 23 Jul 1801, "White Hall", Essex Co, Virginia.
	+12	viii.	Margaret Upshaw, born ca 1716, Essex Co, Virginia; married Samuel Hipkins  Sr., ca 1735, Essex? Co, Virginia; died ca Feb 1769, Essex Co, Virginia.
	+13	ix.	Capt. Forester "Forest" Upshaw, born ca 1718, Essex Co, Virginia; married Ann (maiden name unknown), ca 1749, Essex Co, Virginia; died bet Oct 1758 and Feb 1759, Essex Co, Virginia.

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