Individual Details
Henry McCulloh Esqr.
(Abt 1700 - Bef 16 Jun 1779)
Henry McCulloh married Mary Houston in Ireland and they had a son James (who died in 1749). Henry lived with Penelope Eustace and had two children, Henry Eustace and Penelope. Supporting the contention that Henry was first married to a woman named Houston is an April 1780 petition of William Houston to the North Carolina Council in which he states "Henry McCulloh who was Uncle to your Petitioner" and later says "your Petitioner as his Nephew."
Mary, Henry's wife, died in 1732, and after their son James died on 11 July 1749, he married Penelope Eustace in St. George's church, Westminster in August 1749. James having died, he then legitimized his son Henry Eustace and daughter Penelope Mary. Some reports said their marriage in St George's, instead of in Chiswick, may have been 'clandestine'. Undoubtedly Henry was influential in Chiswick and was a generous donor to various causes.
(Jane Watson)
The book, "Henry McCullough and His Irish Settlement" by V.F. Williams, pp 33-39 gives a glowing account of Henry's untiring efforts in helping the Ulster Scots settle in the new land of America. This reference states that "Henry McCullough was born in the Scottish Colony of Ireland. Little is known of his youth. The first official notice of him is in London, where he had become prominent as an enterprising and influential merchant. His letters to his nephew, which have been preserved, disclose him to have been a man of the world, of business, and society. We find him enjoying the society of the Lords of Trade and the confidence of the King. "
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Extracted from research by Tom Byrd and Fletcher Freeman -
Henry McCulloh of England, the London Merchant, was born about 1700, the son of James McCulloh of Grogan, Scotland. He may have lived at some point in Northern Ireland
December 13, 1736 and May 22, 1740, Henry Eustace McCulloh received grants to 1,200.000 acres of land in the province of North Carolina from the King of England.
June 24, 1738. Henry McCulloh was granted 72,000 acres of land in the area of Duplin and Sampson Counties by George II. He received vast acreages elsewhere making him the premiere land speculator in NC during the colonial period.
1740 Mr. and Mrs. McCulloh and family landed at Charleston and by Sept. 1741 were in Wilmington. He was on his plantation at Socrate in Nov. 1744.
1746 As I understand, agents of Henry McCulloh secured from the Crown the twelve 100,00-acre tracts (see above, the 1,200,00 acres mentioned) and each tract of 100,00 acres was further divided. All of these tracts were in the Piedmont.. Named as grantees were 16 people but the bulk of the land ended up in the possession of Henry McCulloh. Among the grantees were three of Henry McCulloh's children: 25,000 acres to James McCulloh of Sarecta, 12,500 acres to Penelope McCulloh of Sarecta, and 12,500 acres to Henry Eustace McCulloh Jr. of Sarecta. Another grantee was Henry McCulloh's nephew, Dr. William Houston, one of Duplin's best known citizens.
1747 Henry had returned to England, Turnham Green, in the county of Midlesex. Staying behind when Henry returned to England was a McCulloch named James. At some point this James married a daughter of William Taylor and continued to make his home in Duplin County. (Note: This James is felt to be his grandson, son of James, who died by 1750) Before leaving for England, Henry vested power of attorney in Alexander McCulloh, his cousin. Alexander lived most of his life in Halifax County.
1760 Henry's son Henry Eustace McCulloh was "called to the bar" in London and in 1761 his father sent him back to NC as his attorney.
1767 Henry was forced to surrender his unsold acreage and Henry Eustace McCulloh, his son purchased 16,000 acres to become Duplin's largest landowner.
1767 Henry Eustace McCulloh returned to London, came back to NC in 1772 and in 1773 returned to London, never to return.to NC.
Jan. 12, 1774 a letter from Felix Kenan in NC to Henry Eustace McCulloh gave indication he was aware that father Henry McCulloh was "in health' and that "Mr. James McCulloh and family is well He has got a daughter born"
1777 The state gave the McCullohs until October 1778 to return and claim their lands.
1778 Henry Eustace McCulloh crossed the Atlantic for the fourth time, got as far as New York and then had to return to England.
1779 NC confisticated his remaining land.
1779 Henry McCulloh died in England
1807 Udell, wife of Henry Eustace McCulloh, informed the Claims Commission in England that Henry Eustace was confined to an Asylum at Clapton after becoming deranged. He is reported to have died shortly after.
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Excerpt from - Lord Granville to : Land Office Papers...
(p 341)
3773 John Wade warrant dated 25 April 1751 to Messrs Churton and Weldon to survey 400 acres in Granville County, joining HENRY MCCULLOCK and Dials Creek entered 8 February 1750 /s/ Tho Child
Excerpts from Duplin Deeds, Book 1A
(p 1)
p. 1 William Houston, Senr. of Duplin Co. to Edward Houston, 13 May 1784, for $1, a tract of 360A on th ES of the Northeast River of Cape Fear, being part of 840A granted to HENRY McCULLOH, ESQR. 3 Mar 1745, & later granted to William Houston, Esqr. May 1780, beg. at a stake on the river Griffeth Houston's lower corner & runs with his line S & N to a water oak & gum in Bridle Branch. William Houston & his wife to have lifetime rights on sd. land. Wit: Charles Ward, Joseph Bray, Sen. July Ct. 1784.
(p 2)
p. 21 William Houston, Senr. of Duplin Co. to Griffeth Houston, 13 May 1784, for $1 a tract of 256A on th ES of the Northeast River of Cape Fear, being part of 840A granted to HENRY McCULLOH, ESQR. 3 Mar 1745, later granted to William Houston, Esqr. May 1780, beg. at a maple & ash on the branch of Cpae Fear River, William Hubbard's lower corner. William Houston & wife to have use of wood on sd. land for their planta. Wit: Charles Ward, Joseph Bray, Senr. July Ct. 1784.
Excerpts from Duplin Deeds, Book 3A
(p 57)
p. 35 Daniel Glisson, Shff., to Stephen Miller, both of Duplin Co., 25 Dec 1793, for 32 pds. current money 100A formerly the property of Eilliam Hubbard & part of the Sarecta survey granted to HENRY McCULLOCH by patent dated 3 Mar 1745 & afterwards granted to William Houston May 1780 & which sd. Houston granted to Griffith Houston who deeded to William Hubbard, beg. at a stake on the river bank at Edward Houston's upper corner to the New River Pond. The Court awarded 30 pds. 10 shill., plus cost of 4 pds. 17 shill. & 4 pence to Henry Goodman & Harry Goodman, exrs. of Timothy Goodman dec'd lately of Lenoir Co., for damages in a suit against sd. Hubbard, owner of the sd. 100A, which was purchased by sd. Miller for 32 pds. at public auction 8 Oct 1793. Winston Caswell, Clerk of the Ct. of Lenoir Co. Wit: Edwd. Pearsall, James Carr. Apr. Ct. 1795.
(p 61)
p. 67 Nathaniel McCanne, Thos. (Thomas) McCanne & Hugh McCanne, Senr. to William Beck, merchant, all of Duplin Co., 21 Oct 1794, for 700 spanish milled dollars 300A on th SS of Goshen Swamp, beg. at a stake John Beck's lower corner in the run of Long Branch at the mouth of Bawdy Branch , a little below the road, to a water oak on the line of Panther survey, to a maple & black gum on the run of Goshen Swamp, being the contents of a survey which was deeded & conveyed by Theophilus Williams, Esqr. to Wm. McCanne, Senr., pursuant to a court order in consequence of a judgment which sd. William McCanne, Senr. obtained against the estate of HENRY McCULLOCH, Esqr. & since by the LW & T of sd. William McCanne was bequeathed to sd. Nathaniel, Thomas & Hugh McCanne to be divided between them agreeable to the directions of sd. will. Wit: David Murdock, John Johnston. Oct. Ct. 1794.
(p 69)
p. 133 William Guy, planter, to James Morris, both of Duplin Co., 8 Nov 1794, for 50 pds. current money of N.C. 25A that sd. Guy had of Frederick Bell on the SS of Bear Swamp, being part of 360A granted to sd. Bell by HENRY McCULLOCH by a deed dated 10 Oct 1766 & also part of a large tract granted to sd. HENRY McCULLOCH by King George II 3 Mar 1745, being upon the branchs of the Northeast of Cape Fear River & also on Black River & the branches thereof, which sd. 25A begins at Christopher Burch's corner & ash on the run of Bear Swamp. Wit: James Wright, Luke Ward, Thomas Guy. Jan. Ct. 1795
VOL. 6, N.C. RECORDS, p. 569-573 has a power of attorney of Henry Eustace McCulloh, of the County of Middlesex, England to John Campbell and Henry Eustace McCulloch, his son, which is witnessed by the affidavit of David Meade as follows: "I, Henry McCulloch, late of Sarecta, in the Province of North Carolina in America, but now of the Parish of Cheswick in the County of Middlesex and the Kingdom of Great Britain: Whereas, on December 13, 1736, and on May 22, 1740, I received grants to 1,200,000 acres of land in the said province of North Carolina; and , I am entitled to eight grants, each of them containing 12,500 acres of land, lying on the branches of the PEEDEE and WHOREE Rivers in North Carolina, made out in the name of Dr. William Houston; also eight other grants of 12,500 acres each on flat END(?) and TAR Rivers in North Carolina, and various other grants, this power of attorney is given to John Campbell and my son Hery Esustace McCulloch this the __day of_____, 1761."
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DAR RECORDS OF NORTH CAROLINA, March, 1952 gives the following information: "Henry McCulloh signs himself of Turnham Green in the County of Middlesex. He was a grandson of James McCulloh of Grogan and a descendant of Sir Cullo O'Neil, first Laird of Myreton in Scotland, who was a son of the family of Clanboys in Ireland. He was a great-uncle of James IREDELL, the elder, being a brother of James McCulloh, whose daughter Margaret married Mr. Francis Iredell, a merchant of Bristol England. The genealogy of the family is worked out in considerable detail in McRees' Life and Correspondence of James Iredell."
A book about HENRY McCULLOCH, treasurer of the province and a patriot and his "half-brother" Henry Eustace McCulloch, son of "Old Henry" of England, and their descendants has been written and published by Bettye McCulloch Henry. It was "Henry Eustace" who had the large land grants in Duplin and other counties of North Carolina and the land he still controlled at the end of the Revolutionary War was confiscated. The descendants of Henry McCulloch, the patriot, went to Tennessee and later to Texas. Gen. Benjamin McCulloch (unmarried-no descendants) and his brother, Gen. Henry Eustace McCulloch of Confederate War fame are of this lineage. Henry had an illegitimate brother who left many descendants. The name was often spelled "McCulloh" (From the McCulloch Clan newsletter)
The following information was taken from an article in the May 1978, NC Genealogical Society Journal, written by John Scott Davenport:
'In 1737, countering a move by a Swiss syndicate to obtain substantial acreage for the settlement of 6,000 German-speaking Protestants in the NC backcountry (largely employing the highly acceptable and approved concept of using 'foreigners' to buffer English Tidewater settlements and plantations from the Indians), Henry McCulloh, an opportunistic entrepreneur who had obtained exposure to NC as the agent of John, Baron Carteret, later Earl Granville, received through dummy grantees and in association with a syndicate of speculators, a grant of 1,200,000 acres in the Province by an Order in Council (the will of King George II expressed in documentation and under the Royal Seal). The Royal Surveyor of NC was ordered to lay off twelve tracts of 100, 000 acres each, according to McCulloch's choice, in the backcountry, which then (1737) ran on the north-east-to-southwest diagonal of the headwaters of the Flat, Eno and Little Rivers (headwaters of the Neuse, east and north of Raleigh today) to Rocky River and its draughts east of the Catawba (waters of the Great Pee Dee, east and north of Charlotte today. Five of the twelve great tracts chosen by McCulloh subsequently (1744) fell within the Granville District. Granville, having been kept waiting for fifteen years for a definition of and a title to his one-eighth share of the Proprietorship (terminated by the King in 1729), was apparently a bit miffed at what his former agent had done to him (i.e., taking up the best lands before his Lordship obtained a legal title) and kept McCulloh waiting for another eleven years (1755) before reaching an agreement whereby McCulloch might give good titles to land sales made within the Great Tracts which lay within his District. Then, because of the outbreak of Indian warfare, the French and Indian War elsewhere in America, but chiefly the Cherokee War in the Carolinas, there was another six years' delay before a substantial number of deeds could by made by McCulloh's agents. In some instances, settlers in McCulloh's tracts within the District did not receive titles until they had been on purchased, since improved, lands for more than a decade. Indicative of this state of affairs was McCulloh's lament, incorporated in a power of attorney to Hugh Campbell, Esq., of NC, and Henry Eustace McCulloh, his son, to give titles, dated 26 March 1761,... As soon as the Cherokee War had ended (December 1761), Henry Eustace McCulloh, in NC from England, began to make deeds furiously.' ... '1760 King George II died. George III appointed Earl Granville president of the Privy Council virtually reducing McCulloh to importuning Granville for favor. 1761 Granville and McCulloh made a new agreement. McCulloh granted the right to sell the lands obtained by the Order in Council of 1737 for a period of two years after the end of the cherokee War under the same terms as the Agreement of 1756, but, at the end of two years, McCulloh would deed all unsold lands in his tracts within the District to Granville. The Cherokee War ended in December. McCulloh's son, Henry Eustace McCulloh, was in NC with his father's power of attorney, immediately began to make deeds for lands previously sold, to sell additional lands, but the land market, especially to the west, was still depressed. 1761-1763 Henry Eustace McCulloh, in a flurry of activity, conveyed titles to hundreds of small tracts within all five of the great tracts within Granville's District. However, Granville died in January 1763, terminating McCulloh's rights. H.E. McCulloh continued to make deeds through August 1763, but apparently did so in fulfillment of contracts made prior to Granville's death or prior to the time that legal notice of same reached NC.'...'It will be noted that Henry Eustace McCulloh was his father's best customer....Next to King George III and the Granville Estate, in that order, the largest loser of land in NC by the Confiscation Act of 1777 was Henry Eustace McCulloh, who fled the Province in 1774. He claimed L54,265 for his land losses in NC, the King's Commissioners allowed him L11,747.'.
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In 1734 Henry McCulloh's friend was appointed governor of North Carolina. McCulloh put the governor under obligation to himself by paying the fees for his commission, freighting a ship to carry him and his retinue to America, buying plate and furniture for his house, and providing him with credit to supply his immediate needs. Johnston's debt to McCulloh amounted to at least £2400. Henry McCulloh largely financed James Murray's venture to establish himself as a merchant. Murray soon became the largest trader on the river, and later Johnston was able to get him made a member of the Council and secretary of the province in 1735 at Cape Fear, Harnett County, North Carolina.He received a grant of land on 30 Apr 1736 The Privy Council approved two grants to McCulloh of 60,000 and 72,000 acres. He received a grant of land on 19 May 1737 The Privy Council passed the necessary order for the 1,200,00 acres. The grantees were to pay the customary fees to the provincial officers, but were to be exempt from quit rents for ten years from the date on which the governor issued the final grants. In this period they were to settle on the lands six thousand Protestants. He was commissioned on 16 May 1739 (McCulloh was appointed a special commissioner to study land and quit rent difficulties in both Carolinas. He was given a salary of £600 and £200 for a clerk. The commission gave him broad powers to investigate conditions, enforce regulations, and reommend further reforms). Henry (8816) was By the 1730's he was netting an average of £600 a year from his mercantile business and by the end of the decade had accumulated a modest fortune of £5400 before 1740 at England. McCulloh arrived at Charlestown early in 1741. Circa 1746 Henry McCulloh (8816) moved McCulloh returned to England. He received a grant of land on 3 Mar 1746 The land patents for 1,200,000 acres in North Carolina were finally issued to McCulloh and others. He was commissioned in 1752 (McCulloh collected his back salary as commissioner which amounted to £9000). In 1755 Henry McCulloh (8816) Henry McCulloh was able to do little toward selling his lands until he designated as his agents his nephew, Alexander McCulloch and John Campbell. He received a grant of land in 1756 McCulloh's quit rent exemption expired. He was granted a reduced quit rent rate from 1756 until two years after the end of the French and Indian War. In 1761 Henry Eustace McCulloh, Henry's son, arrived from England, to be his father's agent. He received a grant of land in 1765 "By his agreement with Lord Granville, he surrendered about 175,000 acres, retaining 300,000, while outside the Granville District 339,325 acres were given up to the Crown, with 129,335 being kept by himself and his children."
Charles G. Jr. Sellers, William and Mary Quarterly, "Private Profits and British Colonial Policy: The Speculations of Henry McCulloh"serial unknown, 8page 546; Sellers, "Private Profits", page 546-548.
http://scriptorium.lib.duke.edu/pathfinders/american-revolution/
THE AMERICAN REVOLUTION
An Overview of the Manuscript Sources in the Rare Book,
Manuscript, and Special Collections Library
Duke University
Henry McCulloh Papers, 1745-1763. 3 items and 3 vols. London, England.
The papers of Henry McCulloh (ca. 1700-ca. 1779) consist of a deed, 1745, granting land in North Carolina to McCulloh, with notes on the back relating to the payment of quit rents and forfeiture of the land some twenty years later; a copy of the proposed stamp duties on the American colonies as formulated by Mcculloh; copies of minutes of a conference with McCulloh concerning the stamp duties; and three essays. One essay relates to his service from 1739 to 1745 as Inspector for Improving the Quit Rents for North and South Carolina, and contains general proposals and complaints concerning the inefficiency of colonial administration, and pleas for his salary. A Miscellaneous Essay with Respect to Our Great Boards, to the Exchequer and to America (1762) proposes and discusses various administrative reforms for the British government, including colonial administration. McCulloh discusses the theory and practice of the royal government and reviews its organization since the reign of Queen Elizabeth I in "A Treatise Endeavouring to Demonstrate That Let Who Will Be Entrusted with the Direction or Management of Our Publick Concerns, They Will Be Liable to an Infinite Number of Misstakes and Inadvertencies in the Whole of Their Conduct Unless They Restore the Ancient System of Our Publick Boards, On the Doing of Which the Dignity and Safety of This Crown and Kingdom, Seem in a Great Measure to Depend."
Papers presented at the 2003 meeting of the Atlantic History Seminar, "Transatlantic Networks, 1500-1825."
Joanne McKay. "Arthur Dobbs and Henry McCulloh: Developing the Empire, 1725-1765"
This paper will focus on selected aspects of the lives and careers of Arthur Dobbs and Henry McCulloh, two intriguing figures who made valuable contributions, politically and economically, to the British North American Empire in the mid-eighteenth century. While in Ireland Dobbs, a landowner and a Member of the Irish Parliament, cultivated an extensive interest in the North American colonies, and when he undertook the practical implementation of his schemes for colonial development, he formed an alliance with Henry McCulloh, a prominent and wealthy London merchant. This paper will highlight the transatlantic nature of their careers and enhance awareness of Dobbs and McCulloh by identifying and assessing the nature of their interests in the British Empire—specifically the North American colonies—and the success of a selection of their colonial ventures from their own accounts and those of their network of contemporaries on either side of the Atlantic. [WP 03013]
Events
Families
Spouse | Penelope Eustace (1699 - 1767) |
Child | Henry Eustace McCulloh (1738 - 1812) |
Child | Penelope McCulloh (1742 - 1766) |
Spouse | Mary Houston ( - 1732) |
Child | James McCulloh (1726 - 1749) |
Father | James McCulloch Esq. of Grogan, Scotland ( - 1724) |
Mother | Jane "Jennet" Houston ( - ) |
Sibling | James McCulloh (1700 - 1745) |
Sibling | William McCulloh of Piedmont (1700 - 1743) |
Sibling | Letitia McCulloh (1710 - ) |
Notes
Marriage
Two books referencing Henry McCulloh marrying Helen Houston are BOLD LEGACY by Cleburn Houston published in 1968 by Texian Publishing Co of Waco, Texas and PEOPLE OF PURPOSE, Volume Two by Garland Monna Crowe DuPree. Helen was supposedly the daughter of a William Houston who owned the manor Castlestewart in 1672. They lived in County Anrim, IrelandWill
The Will names Elizabeth, [Elizabeth Green*] Henry Eustace, James McCulloh of Duplin NC (to whom he gave money, slaves and land). Henry Eustace and a Robert Boyd were Executors. The Will was proven in the Prerogative Court of Canterbury on July 16, 1779. The will refers to Henry Eustace as "my beloved son" but does not indicate the family connection to James.*Elizabeth Green was his housekeeper following the death of wife Penelope. The document I sent is a part of a Trust set up for Elizabeth by Henry on Jan 1, 1777.
The following is my best transcription of the will's handwriting:
Henry McCulloh Esq.
Most humbly submitting my
soul to the disposal of Almighty God hoping for redemption
through the merits and mediation of our Lord, Jesus Christ, I
Henry McCulloh formerly residing at Saracta in North Carolina but
now in the parish of Chelsea in the county of Middlesex Esquire
do make and ordain this my last will and testament in manner
following (that is to say) After payment of my Just Debts I
give and devise all my Real Estate in the province of North
Carolina in America unto my dearly beloved son Henry Eustace
McCulloh formerly collector of the customs in the port of
Roanoke in North Carolina aforesaid late of Bedford Street in
Covent Garden but now gone to New York to him his heirs and Assigns forever in trust worthiness, and subject to the several
bequests and purposes hereinafter mentioned But in order to explain my intention more fully it is necessary to write part
of Articles of agreement entered into between me and my said
son bearing date on or about the twenty fourth day of June in
one thousand seven hundred and seventy one wherein amongst other things it is agreed and a power thereby to me reserved to
charge all or any part of the promises herein mentioned with
the payment of any sum or sums of money not exceeding
two thousand pounds by my last will duly written And also
only part of Eight hundred pounds therein mentioned as shall
not be claimed during my life And it is also further agreed that my said son his Executors or Administrators should pay to
Elizabeth Green then and now my housekeeper the sum of
Twenty six pounds per Annum for and during her natural
life by four equal Quarterly payments And it was also further
agreed that the said Henry Eustace McCulloh should advance
and pay to James McCulloh now of Duplin in North Carolina
aforesaid the following sums in Sterling payable in North
Carolina according to the course of Exchange One hundred and
Twenty pounds including the money advanced to him or for
his use in Carolina on or before the twenty fifth day of March then next morning two hundred and fifty pounds now between that and Christmas One thousand Seven hundred and Seventy
six and two hundred and fifty pounds more between that
and One thousand Seven hundred and Eighty the said Sums
to be advanced in such proportions and at such times as I
should direct and also the said Henry Eustace McCulloh
agreed to pay said James McCulloh Interest on all said
sums or such proportions thereof as were not paid half
yearly at the rate of five pounds percent from the Twenty
fifth of March One thousand seven hundred and Seventy two
And also that a legal Assignment should be made to the
said James McCulloch of four hundred Acres of Land in
the North East Survey to him his heirs and Assigns by me or
the said Henry Eustace McCulloh But having been informed
that Felix Kenan has by my Son Henry Eustace McCulloh's
order surveyed to the said James McCulloh five hundred and
fifty Acres of Land on the Mouth of Bear Swamp and on
Goshen and both sides Bear Swamp and next to the Mouth
of panther Swamp my will and intention is that the said
James McCulloh and his group shall enjoy the said one
hundred and fifty Acres annexed to the said four hundred
Acres he was intitled to by the said Articles free of all charges
and Expenses in laying out the same having been likewise
informed that the said James McCulloh has received in
pursuant of my orders the following Negroes which are
known by the names of Simon and Luzy Kate Jude and
three children of Kates and three children of Judes and
other Negroes which are also the Young of Luzy named
London Arthur Always will my desire and intentions is
that the above mentioned Negroes or by what other names
they are called and all their young shall forever remain the
property of the said James McCulloh and his heirs lawfully
begotten Now having been informed that the said James
McCulloh had got* four hundred and Eighty pounds North
Carolina currency which makes about Thirty (or Three) hundred
pounds Sterling And also that he had got conveyed to him
and his heirs for ever five hundred and fifty Acres of Land
from those considerations and from the change of circumstances
with respect to property in North Carolina I do hereby
Release and Arquit my dearly beloved son Henry Eustace
Mcculloh from the payment of any other or further sums
of money which otherwise the said James McCulloh might
claim or demand under or by virtue of the above writed Articles
of Agreement dated the Twenty fourth of June One thousand
Seven hundred and Seventy one But in case my son Henry
Eustace McCulloh should gain possession of his Estate or that the
said colony of North Carolina should become under the
kings possession In those cases I trust to my sons honor and
Integrity that he will make the said James McCulloh some
other or further allowance I also give and bequeath to the
aforesaid Elizabeth Green all the plate China linens and
furniture which may be in my house in Chelsea or any other
place where I may lodge and reside at my decease (except
a Gold repeating watch of my late dear wifes) and it is
also my Intention and desire that she may not be called to
any account by my Executor or Executors for any Money
or Bank Bills or any other matters or things whatsoever of
which may be in her possession at the time of my death
as my intention is that she should pay such small sums as I
*possesion of the Negroes intended him
by the said agreement and that the
said Henry Eustace McCulloh has
by himself or his agent paid unto
the said James McCulloh or
directed for his use
may be indebted to any tradesman or otherwise within the
parish of Chelsea And if there is any Surplus in her hands the
same shall remain for her own use and benefit On or about
the Ninth of January One thousand Seven hundred and
Seventy Seven I and the said Elizabeth Green purchased one
thousand five hundred pounds Consolidated Annuities of One
thousand Seven hundred and Sixty two and half of which
Money was my property and the other half of said Money
was the property of the said Elizabeth Green Whereupon it
was mutually agreed that I should or She on my behalf receive
and possess the whole of the Interest or dividends of the said
one thousand five hundred pounds during the course of my
natural life and that in consideration of my having the
benefit of the whole Interest or Dividends during my life the
said Elizabeth Green should have a right after my decease to
receive and to apply to her own use and benefit the whole of
the Interest or Dividends of the said One thousand five hundred
pounds due or arising in the Bank during the course of her
natural life and that no part of the principal Stock of the
said One thousand five hundred pounds should be sold or
disposed of by the Executors Trustees of Assigns of the said
Henry McCulloh during the life of the said Elizabeth Green
nor by her or any other person on her behalf during the said
term but that after her decease I give and bequeath Seven
hundred and fifty pounds consolidated Annuities in the following
proportions and manner that is to say My will and intention
is that after the decease of the said Elizabeth Green my Son
Henry Eustace McCulloh his heirs or Assigns shall have and
possess five hundred pounds part of the said stock And the
before named James McCulloh the produce of the sum of
One hundred and fifty pounds of the said stock But in case
of my said Son Henry Eustace McCulloh death without
Issue or that he had not in his life time Assigned over his
Title or Interest to any person the said Five hundred pounds
shall go to the said James McCulloh or his heirs And I
further bequeath to Robert Allen Boyd son of my worthy
friend Mr. Robert Boyd Merchant in king Street Guild hall
One hundred pounds But the remaining Seven hundred and
fifty pounds being the property of the said Elizabeth Green
to be disposed of by her in any manner she thinks fit by will
or other writing under her hand and Seal And I am persuaded
that after having taken care of her Sister and some particular
friends she will properly express the regard she had for me
and my family. By the first writed Articles of agreement
entered into between my son Henry Eustace McCulloh and
myself the said Elizabeth Green was intitled out of my Estate in
Carolina to an Annuity of Twenty Six pounds Sterling per
Annum But there is a clause in said Articles which
Impowers me to release my son from the payment of the
said Annuity and the said Elizabeth Green has readily agreed
to the release of the said Annuity I therefore do hereby
Release my said Son from all claims or demands whatsoever
on account of the said Annuity of Twenty Six pounds per
annum The said Elizabeth Green is Trustee and holds for
me In trust three hundred and Seventy five pounds Bank
reduced Stock Seventy five pounds of which it is my will
and desire She shall immediately dispose of after my death
and apply twenty eight pounds thereof towards the
charge and expense of my funeral which I would have
done in the most private manner without other Scarfs
or Kings And as there may be house rent due and
several little Accounts and charitable legacies my will
and desire is that she may reserve in her own hand twenty
pounds or whatever more the said Stocks produces in order
to fulfill my will which I have communicated to her on
that head And of the remaining three hundred pounds
Bank reduced Stock two hundred pounds thereof I give and
bequeath unto my dearly beloved Son Henry Eustace Mc
Culloh but not to be sold out or paid until he gives a
writing under his hand for so doing And the other one
hundred pounds I give and bequeath to the aforesaid James
McCulloh his heirs or Assigns to be Shipped in Goods by
Mr Robert Boyd in this form and manner the said James
McCulloh shall direct but the Stock to remain without
being transferred until such order can be obtained I give
and bequeath to my friend Dr William Houston the
Negroes belonging to me now in his possession And also the
use or benefit of my farm or plantation called Saracta
during the course of his natural life As the said James
McCulloh and Elizabeth Green are concerned in Interest
in the said writed Articles I think in conscience it is right
and just to leave one part of said Articles in the custody
of the said Robert Boyd for their use and benefit And as
my said son is now abroad and may be so at the time of my
decease I do hereby authorize and appoint my worthy
friend Mr. Robert Boyd to act as Co-Executor with my said
dear Son Henry Eustace McCulloh And it is my further
will and I hereby direct that the said Elizabeth Green
shall have full power to retain and keep one part of this
my will or to lodge it in the Bank or in any other publick
office or in any other manner she shall think proper
And I do hereby revoke annul and make void all former will
or wills by me heretofore made and declare this only to be
my last will and testament In Witness whereof I have
hereunto set my hand and Seal the Thirty first day of
October in the year of our Lord One thousand Seven hundred
and Seventy eight Henry McCulloh signed Sealed
published and declared by the said Testator as and for his last
will and testament in the presence of us who have subscribed
our names as witnesses in his presence and in the presence
or each other James Smith Rich Phillpot John Fryer
This Will was proved at London the Sixteenth day
of July in the year of our Lord One thousand Seven hundred
and Seventy nine before the worshipful Andrew Colsos
Ducarel Doctor of Laws and Surrogate of the Right Worshipful
Peter Calvert Doctor of Laws Master keeper or counsilary
of the Prerogative Court of Canterbury lawfully constituted
by the oath of Henry Eustace McCulloh Esquire the son
of the deceased and one of the Executors named in the said
will to whom Administration was granted of all and
Singular the Goods Chattels and Credits of the said deceased
he having been first Sworn duly to Administer power reserved
of making the like grant to Robert Boyd the other Exec
named in the said will when he shall apply for the same
Notes:
A repeating watch was one that sounded the time, often every quarter hour.
All Prerogative Court of Canterbury Wills held by The British National Archives (grouped in the series PROB 11), which are available on Documents Online, cover the period from 1384 to 1858. Until that date, all wills had to be proved (formally approved) by church and other courts. The Prerogative Court of Canterbury, the most important of these courts, dealt with the relatively wealthy individuals living mainly in the south of England and most of Wales (what was originally the ecclesiastical province of Canterbury).
The deed record below confirms the names of the slaves in the will above. It also shows that Henry McCulloh was in relatively close contact with James McCulloh, since his lists Lucy’s sons as London, Arthur, and Allways in 1775 and adds Will to the list in 1778. It also makes an interesting connection by stating the slaves have been living on a plantation owned by James McCulloh and E Green. It seems likely that E Green is the Elizabeth Green, housekeeper, mentioned in Henry’s will. Her ownership of land in partnership with James indicates that her status was more than a simple housekeeper and explains the high degree of trust placed in Elizabeth by Henry in handling his finances and in sharing the investment in annuities for their retirement.
Sampson Co, NC, Deed Book 6, p. 247: April 4, 1775, Henry McCulloh, late of N.C., but now of Middlesex in Kingdom of Great Britain, Esq., for 5 shillings and good causes and considerations, to James McCulloh, now of Duplin co., Gent., negro slaves now in Duplin or elsewhere: Simon & wife Lucy & all their children: 3 sons, London, Arthur & Allways; & 2 daughters, Kate & Jude, which family of negroes for sometime past as have been living on a plantation belonging to said James McCulloh and E. Green. From this information and his generosity to nephews William Houston, Alexander McCulloch, and others, it seems that Henry McCulloh was thoughtful and considerate in his dealing with family and friends as well as an astute businessman making investments in land and other assets. This picture seems in contrast to the image that arises, when his significant part, in shaping the Stamp Act of 1765 and its part in the American Revolution, is brought to mind.
Endnotes
1. Fenton, W.J.F., McCulloh genealogy researched and compiled for Alice Eidson obtained by Judge Fletcher Freeman. (Walton-on-Thames, Surrey, England: July 1981. Mailed by Freeman April 28, 2001.), this source had abt 1702/3 for a birthdate.
2. Letter from Watson, Jane, Keeper of the Archives (Parish Church of St Nicholas, Chiswick) to Nicholas McCullough, November 22, 2004 ; held by Nicholas McCullough ()..
3. Letter from Watson, Jane, Keeper of the Archives (Parish Church of St Nicholas, Chiswick) to Nicholas McCullough, November 22, 2004 ; held by Nicholas McCullough ()..
4. Freeman, Fletcher., Research papers on McCulloh genealogy. Including copy of Henry McCulloh's will. (Texas: Judge Fletcher Freeman
5. (William and Mary Quarterly).