Surname Notes > Any Robinson > Jane Robinson

Who was Jane Robinson?

Jane Robinson, being advanced in years, wrote her will on 21 Feb. 1835 in Washington Co., Virginia, stating that she left no children or lineal descendants. She instructed her executor, whom she named as William K. Trigg, to petition the Virginia Legislature for passage of a bill allowing her slaves to remain in the state of Virginia as free people. Should such a bill be passed, she not only freed her slaves but left them her real and personal property. If the bill was defeated, Jane left her entire estate, including the slaves, to Mr. Trigg. She singled out one servant named Mark and instructed that he be freed and provided with money to secure passage to Liberia or the country of his choice.

Jane's will was introduced at Washington Co. court on 25 Aug. 1836 by William K. Trigg, but recording of the will was opposed by Mitchell Robinson, John Robinson, James Robinson, Moses Robinson, Alexander Robinson and John Edmondson. The 3 men who witnessed the will, John C. Cummings, John B. Clark and William Bowers, were examined by the court which then decided not to admit the will to record. William Trigg in turn requested an appeal before the Circuit Superior Court of Law and Chancery. The documents surrounding this contested will help to unravel two early Washington Co. families. 1

The laws of Virginia at the time generally did not support married women owning property, including slaves, in their own right. This doctrine was known as coverture, which provided that upon marriage a husband and wife became one legal entity with the husband holding legal title to the couple's property. A single woman, known as a femme sole, did have rights of her own, as did a widow. If a femme sole owned property, and died without children or a will, the property reverted to her father and/or siblings (depending on the time and place).

A quick look then at the number of Robinson men who contested Jane's will might lead one to conclude she was their unmarried sister. In truth, she was not a Robinson except by marriage; Jane was an Edmondson [Edmiston], the daughter of Moses and Rachel Edmiston, and the sister of the lone Edmondson male who contested her will. An examination of the documents supporting this conclusion follows.

Excerpts from documents related to the proceedings of the Circuit Superior Court of Law and Chancery for Wythe Co. (spring 1836)2

  • William E. Cummings (at Anderson Co., TN) stated he wrote an earlier will for Jane Robinson in which she left her estate to her nephew David Robinson, but he died. Cummings also referenced Jane's brother, John Edmiston.
  • Sarah Brewer stated that Jane had a fear of starvation and that her brother John promised to help her.
  • Mrs. Jane Lowry mentioned Jane's wandering mind and that she complained that the Negroes hurt her. Mrs. Lowry stated that Jane had the “sleepy disease”.
  • John B. Clark, who had witnessed the will, described Jane as very difficult to trade with. He stated Jane understood the will and that it reflected her stated wishes. She was advised to select a different executor, since Mr. Trigg was a devisee under the will, but she refused.

Probate Records identifying the children of Moses and Rachel Edmiston:

  • Moses Edmondson will dated 12 Apr 1806; recorded at Washington Co., Virginia [hereafter referred to as WCV] 17 June 1806: wife Rachel; sons John, David, John, Moses, William; daughters Hanah [Hannah], Geon [Jean/Jane], Elizabeth, Nancy, Rachel3
  • Rachel Edmiston nuncupative will dated 4 May 1812; recorded at WCV 15 Sept. 1812: daughters Hannah Kerr (husband James Kerr identified), Nancy Robinson, Rachel Robinson, Gean [Jean/Jane], Betsy [Elizabeth]; sons John, David; sons-in-law Alexander Robinson, John Robinson, David Robinson, Mitchel Robinson.4

This suggests that all five of Moses and Rachel's daughters married prior to 1812: Hannah to James Kerr, Nancy, Rachel, Jean/Jane and Betsy to the 4 Robinsons named as Rachel's sons-in-law.

Related Washington County marriage records (prior to May 1812)5

  • 3 Jan 1797 David Robinson to Agnes [Nancy] Edmiston
  • 7 Dec 1797 Mitchell Robinson to Rachel Edmiston

This leaves Alexander Robinson and John Robinson as candidate husbands for daughters Jane Edmiston and Elizabeth Edmiston.

Probate records for Alexander Robinson:

  • Alexander Robinson will dated 14 Feb. 1817; recorded WCV 18 Mar 1817: wife Jane remainder of my estate real and personal; Jane also appointed administratrix6
  • Alexander Robinson appraisal dated 2 Mar 1817: includes negro boy Mark7

Hence it was Jane Edmiston who married Alexander Robinson. He died in 1817 leaving Jane both real and personal property, including the slave Mark whom Jane later devised to William Trigg in her 1835 will.

This leaves Elizabeth as the daughter of Moses and Rachel Edmiston who married John Robinson. Deed records also support this conclusion as in July 1808 John and Elizabeth Robinson sold land jointly held by John Robinson and John Edmiston [Elizabeth's brother].8

Elizabeth died prior to Dec. 1817 and John Robinson (who married #2 Jane Reed), died in late 1826. His will named sons John, James, Ebenezer Alexander and Moses.9

The men who objected to the recording of Jane Robinson’s will one can now be identified:

  • Mitchell Robinson: married to Jane (Edmiston) Robinson's sister Rachel (Edmiston) Robinson
  • John, James, Alexander and Moses Robinson: the 4 sons of Jane (Edmiston) Robinson's deceased sister Elizabeth (Edmiston) Robinson, whose husband John Robinson was also deceased.
  • John Edmiston: Jane (Edmiston) Robinson's brother

In other words, the men were protecting their interest in Jane's estate, gained through their position as Jane's sibling (in the case of John Edmiston), or as the spouse or heir of one of Jane's sisters (the Robinsons).

Outcome:

William Trigg's petition to the Circuit Superior Court of Chancery at Wythe Co. was successful and on 21 April 1838 the court overturned the Washington County Court's decision not to record Jane Robinson's will. However, the Robinson men submitted their cause to a Court of Appeals held at Greenbriar County, Virginia on August 5, 1839. The men listed on the appeal were: Mitchel Robinson, John Robinson, James Robinson, Moses Robinson, Alexander Robinson, and the administrator & administratrix of John Edmondson, deceased. The court upheld the Wythe Co. court's reversal of the Washington Co. court decision and ordered the will recorded.

On Sept. 24th, 1839 Jane's will was again produced at Washington Co. court. It was ordered recorded and the right to probate was granted on Dec. 24th, 1839.1

Wm Trigg followed through with the conditions set forth in Jane's will and petitioned the Virginia Legislature to allow Jane's slaves to live in Virginia as free people. On 24 Jan. 1840 a Mr. Goodson presented the petition. On March 3, 1840 the bill was read a second time. It was rejected by the legislature, which per the conditions of Jane's will then transferred the slaves, along with the rest of Jane's estate, to Mr. Trigg's ownership.10

Perhaps because of this decision, Jane's heirs attempted to revive the suit. Although the specifics are lost to us, the Washington Co. Court Minute Books reveal that by Feb. 1841 the case was revived in the name of David Edmondson & others, heirs of Jane Robinson vs William K. Trigg and others.11

David Edmondson wrote his will on 21 June 1839 and died prior to Sept. 27, 1841.12 In Jan. 1842 the case was reintroduced in the names of David's executor, Wm Buchanan, and in the names of David's widow and heirs.13

Despite the efforts of the Edmondson and Robinson families, William Trigg obtained clear title to the land and proceeded to sell it. Washington Co. Deed Book 16, p. 397 reports the sale of 260 acres on 2 March, 1844 by William K. Trigg, "sole devisee of Jane Robinson, deceased", and Susan his wife, to Joseph Keller and James M. Lowry for $1,500. The deed included the notation that the tract had been devised in the will of Alexander Robinson dec'd, dated 14 Feb. 1917 to Jane Robinson who in turn willed it to William Trigg.14

Robinson men:

Although the focus of this paper has been to identify Jane Robinson and her relationship to the men who challenged her will, it is also of interest to consider the relationship of the Robinson men (Alexander, John, David and Mitchell) who married Jane and her 3 Edmiston sisters.

John, David and Mitchell were the sons of John Robinson Sr. of Rockbridge County, Virginia who wrote his will on 6 Oct. 1817 while residing in that county. He remembered his [second] wife Eleanor, daughter Sally; sons: John, David and Mitchell; also son-in-law James Robinson. The will did not mention a son Alexander. Regardless, some online trees list Alexander as a brother to John, David and Mitchell, but I have not found proof of such a relationship.

Citations

  1. [S620] Jane Robinson will (recorded 1839), Washington Co., Virginia Will Book 8: 119.
  2. [S3072] Depositions in case of [William K.] Trigg's executors vs [Mitchell] Robinson and others; Wythe Co., Virginia Superior Ct. of Chancery no. 1836-16. The depositions were read and pertinent information extracted by Mrs. Mary Kegley for this researcher.
  3. [S617] Moses Edmondson will (recorded 1806), Washington Co., Virginia, Will Bk 3: 11.
  4. [S617] Rachel Edmiston nuncupative will (recorded 1812), Washington Co., Virginia, Will Bk 3: 293.
  5. [S4] D.E. Brown, Marriages of Washington Co., VA 1781-1853, p. 50.
  6. [S131] Alexander Robinson will (recorded 1817), Washington Co., Virginia, Will Book 4: 213.
  7. [S131] Alexander Robinson inventory and appraisal (1817), Washington Co., Virginia, Will Book 4: 219.
  8. [S2152] Washington Co., Virginia Deed Book 4: 146. 18 Jul 1808: John Robinson and Elizabeth his wife, and John Edmiston to Moses Edmiston for £500, 182 acres on the waters of the Middle Fork of the Holston River whereon Moses now lives; recorded 17 Jan 1809.
  9. [S1047] Washington Co., Virginia Deed Book 5: 139.
  10. [S3073] Journal of the House of Delegates of Virginia - Session 1839-1840, digitized images, Google Books (http://books.google.com : Tues. March 3, 1840 [Bill] 166: A bill granting permission to certain slaves emancipated by Jane Robinson deceased to remain in the commonwealth was read a second time, and the question being put upon ordering the same to be engrossed was determined in the negative. Resolved, That said bill be rejected).
  11. [S2712] Washington Co., Virginia Court Minutes, Book 5: 19.
  12. [S2557] David Edmiston will (1841), Washington Co., Virginia Will Book 9: 11.
  13. [S2712] Washington Co., Virginia Court Minutes, Book 5: 203.
  14. [S2301] Washington Co., Virginia Deed Book 16: 397.