In 1771, William and Rachel Terry, transferred 100 acres on Black Runn to son William Jr. Researchers for decades have made the assumption this William had to have been at least 21 years of age to own land. It is a logical assumption based on the tenets of British Common Law at use in the British Colony of Virginia at the time. There were, however, some exceptions. Apparently gifts of land could be transferred much earlier.
In distant outposts where this Terry group was among some of the earliest of settlers and well respected serving as early surveyor, roadbuilders and constable - if one man deemed his son "man enough" to join or train in the militia or own land it was not unknown that such happened to youth as young as ten in the militia training and twelve to sixteen for land ownership. So the assumption that this William Terry had to be 21 in 1771 means he was born about 1750. Since the only marriage of a William Terry to a Rachel found was the one in 1750 at Christ Church, Philadelphia, Pennsylvania, this , it was reasoned, meant there HAD to be a first marriage of this William. Despite not finding one of those it was assumed his birth date was 1750 and it became carved in stone.
Once that happened, the approximate birth dates that had been in place became fact and a growing number of children gained ever earlier birthdates and increased the children of this mythical first marriage.
There is a clue that this 1771 transfer was in fact a "deed of gift", and as such, means that William could be much younger than supposed. Botetourt Deed Book 1. pg 435-436 a 'Deed of Gift'. This action is recorded in additional resources such as "Annuals of SW Virginia" by Summers (pg567), "Kegley's Virginia Frontier," (pg530), Francis Terry Ingmire's "Terry's and Allied Families..." (pg.652). Some interpret the Wm J son" to be a middle initial but it is more likely a Jr. designation referring to the younger Wm Terry who was son of the older Wm and Rachel.
As a result of this "Deed of Gift" William the younger here could have been born much closer to the 1759 marriage date.
All of which brings up another fascinating colonial reality. People could and did engage in a marriage without state sanctions. There were churches, meeting houses, and similar offices for marriage that might have been used. At that time, colonial era, in many colonies the bond that was required by the government (The British Government) was often exceedingly high. I have found bonds for marriages that required the males to put down 500 to 2000 lbs British currency to be granted a license to wed. As a result, older and often more financially stable individuals stood surety that if the marriage did not take place the bond was still be paid along with any additional costs required.
In some religious groups, moreover, the religious ceremony of exchanging vows and making pledges to each other and the religious community took precedence (this was an era when a lot of North America was settled by religious non-conformists abounded). From instances seen in surveying some Quaker records more than one stance of a couple marrying in a civil setting (something the Quakers frowned on) and then going through a formal and official religious ceremony, it would be possible for a couple to engage in a social contract of marriage and then, later when finances or circumstances allowed, have one the fulfilled the government requirements.
It is something to consider as we explore these early records, families, and the assumptions made about dates and earlier, unsourced or unproven, early marriages.
William Terry, the younger, son of William and Rachel Terry served his community well as surveyor, roadbuilder, constable (as well has his father), and serving in the militia. His residence with the dividing up the county appears to have landed in Montgomery Co. by the time his will is probated in 1826 (find entry on this blog with details), he names his wife Patience.
Documents, including land documents, her will in Floyd Co., Va, and her father's of Botetourt Co. indicate her name was Cooper. They apparently had no children (or none who survived) and in his will his brother's son, Isaac Terry is mentioned as an heir. This solidifies his connection to the family of William and Rachel Terry of Botetourt Co.,
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