Joseph left no will. I feel there were probably more children than just David, who is a proven child. David may have been the only child of age at the time of his father's death. Some of the others may have married in North Carolina.
Southampton County, Virginia
On June, 24, 1749, Joseph Delk, Jr., Henry Crafford, and Henry Vaughn witnessed a deed between John Pitman and Arthur Pitman for land on the south side of Tararara Creek and Marsh Branch, being part of 425 acres patented on March 25, 1725 to Thomas Pitman, Jr.
Deed Book 2, Page 232, This indenture made the _____day of April in the year of our Lord one thousand seven hundred and fifty-eight between William Brown and wife, Elizabeth, of the County of Southampton of the one part and Joseph Delk, Junior of the said county of the other part, witnesseth that the said William Brown and wife, Elizabeth , for and in consideration of the sum of seventeen pounds
current money of Virginia to him in hand paid by the said Joseph Delk, Junior. The receipt whereof, the said William Brown and wife, Elizabeth, doth hereby acknowledge, hath granted, bargained and sold, aliened, enfeoffed, and confirmed and by these presents doth grant,bargain and sell, alien and enfeoff, and confirm unto the said Joseph Delk Junior, his heirs, and assigns forever on a certain tract or parcel of land lying and being in the county aforesaid containing by estimation seventy-five acres. Let the same be more or less and bounded as followeth. To wit, beginning at the mouth of a small branch at the Horse Meadow, then by the said branch to a pine (a corner tree of Isaac Johnson's land) then to the line of the patent and by that line to the head of a meadow, then down the run of the said meadow to the beginning with all the trees, woods, under woods, commons of pasture, profits, commodities, advantages, implements, and hereditaments whatsoever to the plantation or tract of land belonging or in any way appertaining or upon the same growing, happening, or arising and also the reversions, remainder and remainders, rents, services of the premises and every part thereof and also, all the estate, right, title, and interest, claim, and demand, and whatsoever of him the said William Brown of in or to the same premises and every part thereof. To have and to hold all and singular the said premises above mentioned and every part and parcel thereof with the appurtenances unto the said Joseph Delk, Junior, his heirs, and assigns to the only proper use and behoove of the said Joseph Delk Junior, his heirs, and assigns forever and the said William Brown for himself and his heirs, the said plantation and premises and every part thereof against him and his heirs and against all and every other person or persons whatsoever. Unto the said Joseph Delk, Junior, his heirs, and assigns shall and will warrant and forever defend by these presents. In witness, whereof the said William Brown and wife, Elizabeth, have hereunto set their hands and affixed their seals the day and year above written. Signed Sealed and Delivered in the presence of us William Brown LS Elizabeth Brown LS
At a court held for the County of Southampton the 8th day of June, 1758_____, this indenture was acknowledged by the above named William Brown and Elizabeth, his wife (she being first privately examined as the law directs), and ordered to be recorded. Test
R. Kello
In 1760, Joseph Delk witnessed 2 wills in Southampton County, Virginia. One will for Thomas Lumbley and the other for John Bittle. In 1770, he appraised the estate of Nathan Pope. He died 1771, leaving no will. His son, David, was appointed administrator of his estate by 1776.
Mortgage Deed
This Indenture made the second day of August, 1776 between David Delk of the County of Southampton of the one part and Jacob Barnes of the said county of the other part, witnesseth that whereas the said Jacob Barnes did at the request of the said David Delk become security for his, the said David Delks' administration upon Joseph Delk's (his father) estate and whereas the said David Delk thinks it but just that the said Jacob Barnes should be indemnified and made secure for any and all damages that he may sustain by such his becoming the said David Delk's security by conveying to the said Jacob Barnes an absolute title and authority in 175 acres land, five slaves (Viz: Rose, Ella, Amelia Ben & Nan), 18 shoats, 4 sows & pigs, 1 bed & furniture, 3 axes, 3 plow hoes, a parcel of pewter, and all my crop of corn now in the field for him the said Jacob Barnes to make sale of to the best advantage and to apply the money arising by such sale. First, to the payment of any and all sums of money that he the said Jacob Barnes may be obliged to pay in consequence of his becoming such security and the balance, if any, to be applied as the said David Delk shall here after direct. Now, this indenture witnesseth that the said David Delk in pursuance of the premises and for divers other considerations, him there unto moved and more especially for and in consideration of the sum of five shillings to him to hand paid on or before the sealing and delivering of these presents. The receipt whereof the said David Delk doth hereby acknowledge, hath granted, bargained, sold, aliened, released, and confirmed and by these presents doth grant, bargain, sell, alien, release, and confirm unto the said Jacob Barnes, his heirs, & assigns all that the said David Delk, his plantation, tract, or parcel of land and appurtenances situate lying and being in the county aforesaid (being the plantation whereon the said David Delk now lives) containing 175 acres (be the same more or less) and five slaves with all the other aforementioned estate for the purposes aforesaid and for no other intent or purpose whatsoever. The aforesaid land & slaves and all other estate above mentioned, the property of him the said David Delk, and also the reversion and reversions, remainder and remainders of the said 175 acres of land, five slaves, and all the aforesaid estate herein before mentioned and all and every part of them and all the estate, right, title, interest, claims, and demand whatsoever of him the said David Delk of in and to the said lands, slaves, and all other the aforesaid estate and every part of them to have and to hold. The said land and slaves and all the aforementioned estate and every part of them unto the said Jacob Barnes and to his heirs and assigns forever for the purposes aforesaid to the only proper use & behoove of him the said Jacob Barnes, his heirs, & assigns forever and the said David Delk for himself, his heirs, executors, and administrators, the said plantation, five Negro slaves, and all other estate above mentioned and every part of them for the purposes aforementioned against him the said David Delk, his heirs, executors, and administrators and against all and every other person or persons whatsoever to the said Jacob Barnes, his heirs, and assigns, shall and will warrant and forever defend by these presents. In witness whereof, the said David Delk hath hereunto set his hand and seal the day and year above written.
Sealed & delivered in presence of David Delk
John Hay
James Sterling
John McGeorge
Henry Bittle
Received of Jacob Barnes the sum of five shillings current money being the consideration within mentioned.
T.S David Delk
Witness
John Hay
John McGeorge
James Sterling
Henry Bittle
At a court held for the County of Southampton the 8th day of August, 1776, this indenture was proved by the oaths of John Hay, James Sterling, and Henry Bittle (three of the witnesses thereto) and ordered to be recorded. Sam Kello
Payments were made in 1774 to the Southampton Court Clerk, Secretary, and Sheriff. Also, payments were made in 1777 to Benjamin Turner, Thomas Edmonds, John Hay, Robert Bittle, Joseph Scott, David Delk, and to the administrator. The account was settled March 11, 1777, which settlement was approved by the Southampton Court. The total pay outs were L 260.17 2 , the estate was L 315, leaving L 54.9 due the estate.
Note: Apparently, David Delk was not appointed as administrator until in 1776 when Jacob Barnes became his security for same. Could it be that David Delk had just become of age? Only his mother and himself had to sign the deed conveying Joseph Delk's land to Thomas Holiday in 1777. Were they the only ones to sign because the other heirs were still underage at that time and either David or Judith was the guardian? After David and his mother moved to North Carolina, there were other Delks that showed up in the records too early to have been David's children. Could some of these Delks have been Joseph and Judith Delk's children?
Deed
David and Patience Delk and Judith Delk to Thomas Holiday
This indenture made this ___day of October in the year of our Lord one thousand seven hundred and seventy-seven between David Delk and Judith, his mother, of the one part of Southampton County and Thomas Holiday, Junior of Nansemond County of the other part, witnesseth that the said David Delk and Judith, his mother, doth for and in consideration of the sum of two hundred and forty-five pounds Virginia currency to them in hand paid by the said Thomas Holiday at or before the sealing and delivering of these presents. The receipt whereof the said David Delk and Judith, his mother, doth hereby acknowledge and, therefore, acquit and discharge the said Thomas Holiday, his heirs, executors, and administrators forever by these presents. They, the said David Delk and Judith, his mother, hath granted, bargained, sold, aliened, released, enfeoffed, and confirmed and by these present doth grant, bargain, sell, alien, release, enfeoff, and confirm _______ presents doth grant the said Thomas Holiday, his heirs, and assigns forever all that the said David Delk and Judith, his mother, their plantation, tract, or parcel of land situate lying and being on the south side of the three creeks in the parish of Saint Lukes and county aforesaid (being part of patent granted to Abraham Sauls for 300 acres, bearing the date 23rd of March, 1724) containing one hundred acres, which acres were purchased of William Brown and seventy-five acres of a new survey granted and surveyed for Joseph Delk the 23rd of December, 1761 containing two hundred and twenty-five acres (be the same more or less) together with all houses, outhouses, edifices, buildings, woods, ways, watercourses, waters, low grounds, profits, commodities, hereditaments, and appurtenances whatsoever and the reversion and remainder, remainder and remainders, rents, issues, and profits thereof and all the estate, right, title, interest, use, tract, possession, property, benefit, claim, and demands of them the said David Delk, his wife, and Judith, his mother, of in and to the same (any and every part thereof) and all deeds, evidences, and writings touching or concerning the premises. To have and to hold the said plantation, tract, or parcel of land and premises herein before mentioned with the appurtenances unto the said Thomas Holiday and his heirs and assigns and every other person or persons whatsoever, shall and will warrant and forever defend by these presents. In witness whereof, the said David Delk, his wife, and mother hath hereunto set their hands and seals the day and year first above written.
Sealed and Delivered in presence of David Delk Seal
Thomas Fitzhugh her
Joshua Johnson Judith Delk Seal
Robert Washington mark her Patience Delk Seal mark
Received this eighth day of October, 1777 of the within named Thomas Holiday the sum two hundred and forty-five pounds being the consideration money within mentioned.
Witness David Delk Seal
Jacob Barne her John Barrow Judith Delk mark
At a court held for the County of Southampton the 11th day of December, 1777, this indenture and the receipt there endorsed were acknowledged by the said David Delk and Judith Delk, his mother, and ordered to be recorded. Sam Kello
