Colonial Williamsburg Digital Library

CONTENTS

ILLUSTRATIONS

• 1. Drawing from Frenchman's Map.
• 2. Williamsburg Land Tax Records.
• 3. Biographical Sketch — James Cocke. Genealog.

COLONIAL LOT 35
Duke of Gloucester Street
Block 22

IN SUMMARY

The first data relating to Lot 35 on the north side of Duke of Gloucester Street appeared in a deed of date May 17, 1714 between the Trustees of Williamsburg and Benjamin Harrison. It was designated "35" in the conveyance. Following this conveyance, a gap occurs in the court records of York County to 1756 when a tailor, Charles Jones, had become owner via Henry Browne, James Cocke, Mary Long and Mary Wray. In 1762 Jones sold Lot 35 to James Cocke merchant of Williamsburg and clerk to Treasurer Robinson for some years. At the time of the conveyance the consideration named was £260 current money. While acting as clerk, Cocke erected a building on his property to house the Treasurer's files. It was used as an office for four years. In 1769 Cocke seems to have formed a partnership with James Wray in the mercantile business. The Frenchman's Map of Williamsburg (1782) shows a small house corner of the lot west with two other small houses eastward. The College Map (1796?) indicates "Cocke" on Lot 35 with "Andrews" to the east and northward. Williamsburg Land Tax records indicate that James Cocke or his heirs held Lot 35 from 1782 (when the Land Tax records began) to 1841 when Edwin Hurt became owner of one lot and Cocke's estate allotted two lots to John D. Martin (1741). Martin must not have completed payment of his part of the property, for according to George W. Southall's records in 1859 "a lot and houses were delivered to John D. Martin on Main Street on corner of strett leading to John M. Gregory's house — largely occupied by James F. Drake. Martin a tenant of R. Randolph." In 1868 a lot "bounded north by John T. James (formerly Andrews), south by Main Street, East by the lot of Edwin Hurt and west by a cross street toward lot of R. H. Armistead formerly held by James Cocke" was leased by Higgison W. Lee and Bolling Pierce. At this period a Miss Mullen kept a store in one of the small houses between the Blair House and the corner house. Both Mr. John S. Charles and Mrs. Victoria M. Lee gave details of this block in the Civil War period. From the 1860's to 1928 the property changed hands several times. In 1928 the property was conveyed by the Casey brothers (R.T., C.C., and Julian L. Casey) to Dr. W. A. R. Goodwin in the interest of Colonial Williamsburg Restoration. For details of ownerships, consult the body of this report.

REPORT OF THE RESEARCH STAFF ON BUILDING #8(13)
BLOCK #22 — CASEY HOUSE
September 4, 1930

^{no bldg now}

There is only a small amount of data available in the existing records descriptive of this building. It is described by Mr. Charles, in his Recollections of Williamsburg, in the following:

"This house was connected with the "Casey" dwelling (then owned and occupied by the well known Genl. Hurt), by a colonade extended from the roof to the eastern end of the "Hurt" dwelling. This collonade had windows in each side and doors at each end, and served as a safe and convenient means of communication between the two buildings. The three story building (now Casey's Grocery), was up to the latter part of the seventies only a two story frame dwelling fronting on Duke of Gloucester Street with "L" on Henry Street, with a basement that was once used for a short time as a liquor shop. This house was called the "Rudd" property. Across the line between it and the "Hurt" lot there was, within the writer's memory a very old brick kitchen, one half of which was on each lot. This old kitchen was pulled down in 1866 and the bricks used as the construction of a small grocery store erected between the Casey residence and their present grocery store. This was a single story house with one room for business and sleeping room up "aloft". It was for some years a very popular resort, but was removed a few years ago and now on its site is a beautiful grass plot surrounded by beds of attractive flowers."

On the Town plan of 1800, drawn by Bucktrout the portion of the lot on which the foundation stands was designated #35, the rear portion "Andrews" the front portion of the lot adjoining it on the east (which is lot #8(13)) is blank, the rear portion marked "Andrews. In a revision of the map in 1867, the foundation stood on a lot called "Cocke's".

In Insurance Policy #969 (a revaluation of policy #185) issued to Robert Andrews in 1809, on the Blair House, Cocke's lot is described on the west having a wooden dwelling house 26 feet distant from the Blair house office. Twenty-one feet from the Blair house is an office which is twenty-four feet wide. Forty-two feet from this is Cocke's house. Therefore the foundation of Cocke's house—#8 (13) — is 87" feet from the Blair House. Beyond the evidence that there was a house here in 1809, there is nothing available in this office at the present time.

PHOTOSTAT COPY OF THE WILLIAMSBURG PLAT IN "WILLIAMSBURG THE OLD COLONIAL CAPITOL" BY LYON G. TYLER

LOCATION:

Colonial Lot 35 lies on the north side of Duke of Gloucester Street. On the west it is bounded by Henry Street and on the east by the lots of John Blair. See: Tyler's adaptation of the College Map (1796?) opposite page.

HISTORY:

The first definite knowledge as to Lot 35 appears in a deed of conveyance of the Trustees of Williamsburg to Benjamin Harrison¹. The deed of release was dated June 21, 1714:

[May 17, 1714]

[Trustees of Williamsburg
to
Benjamin Harrison
Consideration: 15 shillings]

"THIS INDENTURE made ye Second day of March in ye Twelfth Year of ye reign of our Sovereign Lady Anne…BETWEEN ye Feoffees or Trustees for ye Land appropriated for ye building ye & Erecting ye City of Williamsburgh of ye one part And Benjamin Harrison of ye County of Charles City Gentt of ye Other part…have granted, bargained, Sold, Demised & to Farm letten unto ye sd Benjamin Harrison his heirs or Assigns One certain Lott of Ground in ye City of Wmsburgh designed in ye Platt of ye sd City by ye figure (35) with all pastureage, woods & Waters…to ye same belonging…To have & to Hold…unto ye sd Benjamin Harrison…during ye term & time of One Whole year from ye date of these Presents…
John Clayton (Seal)
Wil Robertson (Sea1)"²

[Recorded June 20, 1714]

In a Release deed Harrison paid 15 shillings and acquired the lot if within twenty-four months he would build "one good dwelling house or houses of such dimensions & to be placed in such manner as by One Act of Assembly made at ye Capitol ye Twenty third day of October 1705…" Recorded March 3, 1715.¹

A gap occurs in the court records from 1714 when Harrison gained Lot 35 with no houses there, to 176 when it is known from a subsequent deed that Charles Jones,² tailor, came into possession via Henry Browne, James Cocke, Mary Long and Mary Wray.

In 1762, Lot 35 appears in a deed of conveyance between "Charles Jones late of the City of Williamsburgh but now of the Kingdom of Great Britain tailor, and James Cocke³ of the City aforesaid Gent."

[May 12, 1762]

[Charles Jones, tailor, Williamsburg,
to
James Cocke of Williamsburg,
Consideration: £260 Current Money of Virginia]

"… DOTH Grant … unto the said James Cocke his Heirs and Assigns forever All that Messuage Tenement and Lot of Land now in the Occupation of the said Charles lying and being in the City of Williamsburgh on the North side of Duke of Gloucester Street in the Parish of Bruton and County of York and denoted in the Plan of the said City by the Figures 35 which said Messuage and Lot of Land were sold and conveyed 3 to the said Charles Jones by Henry Browne the said James Cocke Mary Wray and Mary Long by Indenture bearing date the twenty third day of January in the year one thousand and seven hundred and fifty six proved and recorded in the General Court With all Houses … forever …
Charles Jones (L.S.)

James Hubard
Ben Weldon
James Blair

Received May the 12th 1762 of the within named James Cocke the sum two hundred and sixty pounds current money being the consideration within mentioned I say received by me as Attorney for the within named Charles Jones.
John Blair junr"¹

[Recorded May 17, 1762 York County Court]

From the above deed we learn that Jones was conveyed Lot 35 via Henry Browne, James Cocke, Mary Wray and Mary Long; and that this conveyance was made in 1756 and recorded in the General Court of the Colony of Virginia. As the General Court records were burned around 1860's, we have no other court records of this conveyance. However, we know from the will of Henry Hacker that Mary Long was the sister of Hacker, and the mother of David Long; that James Cocke, David Long, William Adams and Moody Buckler were evidently working in Hacker's store at the time of his death in 1742; and that Hacker provided for his nephew David Long, nephew John Long and James Cocke handsomely in his will.²

Following Hacker's deaths his widow married Thomas Hornsby immediately. There were suits by the Long brothers vs. William Prentis and James Wray, executors of Hacker,³ and suit by Brown vs. Cocke and renunciation of her dower by Mrs. Hacker.⁴ At the time of Hacker's 4 death in 1742 James Cocke was under age. However, by 1751 he had reached maturity and acquired lots from Hacker's heirs.¹ He was selling goods and advertising thus:

"To be Sold a large Parcel of Men's superfine Cloth Cloathes, ready made.
James Cocke"²

From 1758 until 1766 Cocke acted as clerk to the Treasury under John Robinson. At the death of Robinson, Fauquier nominated Cocke to replace him but on consideration withdrew, and nominated Robert Carter Nicholas.³ In 1768 Cocke petitioned the House of Burgesses thus:

"…that the Treasurer's Office was formerly kept at a private House, and the Petitioner, not judging that to be a Place secure enough for a Purpose of such Importance, did, at a considerable Expence, build a House on his own Lot, where the Treasury was held for four Years; during which Time the Petitioner might have rented the same, but chose rather to keep it for the Use aforesaid; and humbly praying the Consideration of this Honorable House, and that they would be pleased to make him such Allowance as, for the above recited Service, he may appear to have deserved…" ⁴

In 1769 Cocke seems to have formed a partnership with James Wray as merchants: Robert C. Nicholas writing to John Norton, London, September 16th, Williamsburg, wrote:

"…I don't know what orders for Goods Messrs. Cocke and Wray may have sent you this Fall; but you'll be pleased to take Notice that I engage no farther for them; having at first only lent my Name to set them afloat, Whatever Remittances they have made or shall make hereafter, I expect you will apply to the Credit of those Cargoes I am engaged for, this I'm sure you'll think just. I do not mean, by what I have said, to 5 insinuate that I think there will be any Risque in your giving these Gentlemen a moderate Credit on their own Accounts; they appear frugal & industrious but I would not chuse to engage for the Success of any Man's Trade at large…"¹

The partnership of Cocke and Wray was operating in 1773 when they advertised in the Virginia Gazette of November 1, "ALL Persons indebted to the Partnership of COCKE and WRAY are requested to discharge their respective Balances without Delay. They hope this Notice will be sufficient, to prevent further Trouble."

In October, 1770 Hugh Hill, clock repairer, advertised that he was "next door to Mr. Cocke's store, Williamsburg…"²

In 1771 Cuthbert Hubbard had a peruke making shop "nearly opposite Mr. James Cocke's Store."³ At this date the firm was "James Cocke & Co." He was trying by suits to collect debts.

Location of the Treasurer's Office which Cocke had owned and used while in office, is established from a notice by John Blair in the Virginia Gazette:

[July 31, 1779]

"To be Sold…the tenement opposite to the house where the Treasurer's Office was lately kept & situate between the houses of Mrs. Ann Blair and Thomas Orrell."⁴

Through the pieces of property sold by Blair to Orrell in 1779 we learn that the boundary on the west was "by the lot of John P. Custis and on the South by the Duke of Gloucester street…"⁵

Prior to the Revolution James Cocke held a considerable estate—most of it vanished following the conflict. He owed big debts to many merchants abroad, and to John Robinson as Treasurer of the Colony.¹ However, all of his Virginia debts were paid by his heirs. Benjamin Waller writing to Robert Cary and Company, London merchants, had this to remark about Cocke's debts:

"James Cocke was a respectable merchant before the American War, residing in Williamsburg, & during that war was made one of the auditors of public Accounts. He died about the year 1786 [sic] & was possessed during his life, & at the time of his death, of a Considerable estate both real & personal. Had I been permitted to have instituted a suit against Mr. Cocke at any time during his life., I could have easily saved this debt, but after his death his Virginia creditors absorbed his whole estate…Colonel James Innis, his executor, married his daughter…"²

Further embarrassments of Cocke or his estate are noted in a letter of Nathaniel Littleton Savage to J. H. Norton relating to Norton's property in Virginia:

"…The Estate of Cocke of Williamsburg also reverted to the estate of John Norton—Robert G. Scott got possession of the negroes sold them he & his securities are accountable for the money—The house in Williamsburg yet stands in a ruinous state first occupied by one pauper & then another."³

Norton held a mortgage of James Cocke's for £767.5.-Sterling.⁴

The Frenchman's Map of Williamsburg (1782) shows a small house corner of lot west with two other small houses eastward.⁵

The College Map (1796?) shows "Cocke" on corner lot.¹

In 1782 Williamsburg Lard Tax records show that James Cocke held 1-¼ lots in the city valued at £5 for tax purposes.²

Cocke made his will in 1782. It was recorded in the District Court, Williamsburg on October 9, 1789:

[March 15, 1782]

[Will of James Cocke—extract or abstract of-the will in the handwriting of George W. Southall]
"… To daughter, Elizabeth Innis, a negro girl, Mourning. To my wife my dwelling house & Lot of ground in the City of Wmsburg & all the outhouses thereon, & the Furniture which shall be in my said dwelling House, with the following slaves, viz Clem &c To Have and to Hold all the said Articles for & during the natural life of my sd wife, and after her decease, I give everything hereby devised & bequeathed to her for life, except the said furniture, unto my son James & his heirs forever, except also my slave Clem, who I hereby give, after my said wife's decease, unto my daughter Martha Randolph. The furniture to be sold after wife's death, & the produce together with all the rest of my Est equally divided among my daughters Martha Randolph and Elizabeth Innis, and my son James Cocke—Appoints his sons in-law Beverley Randolph & James Innis, and his friend John Blair & Doct Wm Carter exors of will— & Guardians of his son James Cocke during his minority—no appraisement or security reqd
witnesses… James Cocke

Witnesses
Elizabeth Harrison & Ro: Anderson

At a District Court held in Wmsburg on 9 Oct 1789

This will was proved according to law as to the personal Estate by the oath of Elizabeth Harrison—Certificate granted to James Innes, one of the Exors for probat reserving liberty to the other Exor to qualify &c"³

The Virginia Gazette & Weekly Advertiser (Nicolson, ed) announced the death of James Cocke on February 26, 1789.⁴

Mrs. Elizabeth Cocke, widow of James Cocke., deceased, continued to live upon the property until her death in 1815. She held only dower right or life right as both of Cocke's daughters, Mrs. Beverley Randolph and Mrs. James Innis, were daughters by the first marriage. James Cocke Jr had died early—which left the two daughters sole heirs. However, as stated before, Cocke was heavily in debt. According to an account of Nathaniel Littleton Savage, "The Estate of [________] Cocke of Williamsburg also reverted to the estate of J. H. Norton—Robert G. Scott [a lawyer and son-in-law of President Madison of the College] got possession of the negroes sold them he & his securities are accountable for the money-.."¹ The result was a suit which lasted many years: from 1815 to 1849. Williamsburg Land Tax records bear out the fact that the property was held under "James Cocke's Estate" this long. The Papers of George W. Southall (legal Papers and Estates) carry this suit in detail. During the period following Mrs. Cocke's death, the property was said to have been used by Scott and his friends to their advantage or rented by various persons.

In September, 1839 Richard Randolph, agent and attorney for Peyton Randolph and all heirs of James Cocke, delivered to John D. Martin as tenant "the possession of the house and lots, with the out houses thereon, situated on the main street, and on the corner of the street leading to the residence of John M. Gregory Esqr., which house and premises were lately occupied by James I. Drake who moved from, and left the same vacant: the doors being open, and the keys in the locks when I took possession."²

In 1841 James Cocke's estate held 2 lots: "1 lot---$1000 for lot & buildings to John D. Martin; and 1 lot---$50." In 1849 Edwin Hurt was charged with "1 lot---$800 for lot & buildings formerly chgd to Cocke's estate."¹ In 1859 "a lot and houses were delivered to John D. Martin on Main Street on corner of street leading to John M. Gregory's house—lately occupied by James F. Drake. Martin a tenant of R. Randolph."² In 1868 a lot was described as "bounded north by John T. James (formerly Andrews), south by Main Street, East by the lot of Edwin Hurt and west by a cross street toward lot of R. H. Armistead formerly held by James Cocke."³ This lot was leased by Southall to Higgison W. Lee and Bolling Pierce for one year: Lee & Pierce to pay seventy five dollars yearly rent quarterly.

In 1933 Mrs. Victoria M. Lee gave her impressions of Williamsburg during the Civil War period. She had this description of the property:

"West of the Blair house, i.e., between the Blair house and the Casey house, was a frame house. This was a small house in which a woman named Mullen, a widow, kept a store. From time to time, this house was added to and changed, and when it was wrecked it looked nothing like the building which stood there at the time of which I write. The Casey house, standing just west of this house was a very old house with a rather interesting interior. This building was wrecked a few months ago by the Restoration. Like the Mullen horse, the house was often added to and changed, and its exterior looked, at the time it was wrecked, like that of a modern house."⁴

Mr. John S. Charles, an old citizen, gave his impression of this property in the Civil War period:

"The houses on the north side of the square enclosed by Henry, Prince George, Nassau and Duke of Gloucester streets have already been described by the writer. The other dwellings on this square in 1861 are there today, except the very old dwelling and store combined, razed a few years ago by Casey Brothers, to make room for their new brick storehouse.

This old house was on the lot adjoining the Casey residence and was a story and a half-structure with a storeroom in front and rooms for family use in the rear and above. There was also attached to the east end a shed room fronting on the street, which at various times had been used as a store, barber shop, etc.

This house was connected with the Casey dwelling (then owned and occupied by the well known General Hurt) by a colonade extended from the roof to the eastern end of the Hurt dwelling. This colonade had windows in each side and doors at each end, and served as a safe and convenient means of communication between the two buildings. The three story building, now Casey's Grocery, was up to the latter part of the seventies only a two story frame dwelling fronting on Duke of Gloucester street with L on Henry street, with a basement that was once used for a short time as a liquor shop. This house was called the Rudd property. Across the line between it and the Hurt lot there was, within the writer's memory, a very old brick kitchen, one half of which was on each lot. This old kitchen was pulled down in 1866 and the bricks used in the construction of a small grocery store erected between the Casey residence and their present grocery store. This was a single story house with one room for business and sleeping room up aloft. It was for some years a very popular resort, but was removed a few years ago and now on its site is a beautiful grass plot surrounded by beds of attractive flowers.

The Mullen house was built by Mr. Mullen in 1860. This house has been since the War so much enlarged and otherwise improved that it scarcely resembles its former self."¹

The property when disposed of by the Cocke estate was divided into two sections facing on Duke of Gloucester Street. John D. Martin got one part to the west in 1841 and Edwin H. Hurt got one part in 1849 — both from Cocke Heirs.¹

Edwin H. Hurt died in February, 1859 seized of lots in Williamsburg. Robert F. Cole sued Hurt's estate as latter was indebted to him for $600. Real estate was sold to satisfy the debts.² The suit continued. In 1881 R. H. Armistead, Spl. Comr. in the suit Cole vs. Hurt, conveyed to J. S. Slaughter property so described:

"A certain lot of land with the buildings thereon, situate and being in the City of Williamsburg, on the north side of Main Street, lying between the lots of John and Robert T. Casey on the west, and the lot of Celia Mullen on the east…"³

In March, 1883 Slaughter and wife conveyed the aforesaid property to Archer Brooks.⁴

In 1895 the Brooks heirs conveyed with General Warranty to Susan Shorey.

"All that lot or parcel of lard situate on the north side of Duke of Gloucester Street, in the City of Williamsburg, fronting 38 ft. 4 in. and running back the distance of 253 ft. 8 in., and bounded as follows: On the north by lot occupied by William Brown, on the east by the lot known as the Mullen lot, on the south by Duke of Gloucester Street, and on the west by the lot now owned by Mrs. R. T. Casey."⁵

After several deecb of trust, in 1899 Fred Holladay Brooks, then sole heir, conveyed to Charles B. Griffin the above property.¹

Again several trust deeds and mortgages—, in 1910 Griffin and wife conveyed to the Bank of Williamsburg, Inc.² On August 8, 1913 the Bank conveyed the aforesaid property to J. H. Casy, C. C. Casey and J. L. Casey.³.

In 1873 the corner part of the lot was conveyed to John Lindsey by Martha E. Christian, Mary Allen Christian, John M. Rudd and Ellen D. Rudd., Henry B. Rudd and James F. Bowery Trustee:

"A certain house and lot situate and being in the City of Williamsburg, fronting 63 ft. on Main Street, and running back upon the cross street leading to Robert H. Armistead's property 158 ft., being a corner house and lot adjoining the lot lately belonging to the estate of E. Hurt, deceased, and. purchased by Robert T. Casey."⁴

This lot was conveyed by J. F. Hubbard acting as trustee for the Lindsay estate — to G. Teiser in 1881:

"... bounded on the south by Main Street, on the north by Harriett Henderson's lot, on the east by Robert Casey's lot, and on the West by cross or Henry Street. Measuring on front on Main street 58 ft., more or less, and running back 150 ft., more or less…" ⁵

Following a suit Teiser vs. Teiser, in 1891, the sheriff conveyed to David Lichtenstine.⁶ In 1894 Lichtenstine and wife 13 conveyed to Charles E. Dean.¹ In 1905 James Nelson St. John and wife were owners.² On February 27, 1911 Nelson and wife conveyed to R. T., C.C., J. H., and Julian L. Casey, partners trading under the firm name of R. T. Casey & Sons.³

In 1928 this property was conveyed to Dr. W. A. R. Goodwin in the interest of Colonial Williamsburg Restoration.⁴

Illustration #1

Foundations Uncovered by Archaeological Excavation, Oct. 1938

Illustration #2

Illustration #3