A Scandalous Love Story: The Common-Law Marriage of John Weskett and Barbara Midgett in 1800s North Carolina

In the early 1800s on Roanoke Island, North Carolina, a romance blossomed that would challenge the social and legal norms of the time. This is the story of my 4th great-grandparents, John Weskett Jr. and Barbara “Barby” Midgett, whose relationship began as a scandal but endured to become a legitimate marriage spanning decades.

The Early Years

Barbara Midgett was born in 1787 and came from a prominent Roanoke Island family. In 1802, at just 15 years old, she married Ambrose N. Dough, an 18-year-old mariner1. The marriage seemed promising at first, with Barbara bringing 76 acres of inherited land to the union2. However, their relationship would soon take an unexpected turn.

A Marriage Falls Apart

While Ambrose was away at sea, Barbara began a relationship with John Weskett Jr., who was born between 1774 and 1780. By 1807, Barbara and John were living together openly, having already welcomed two children. When Ambrose returned from his voyage to discover this new arrangement, he found himself in an impossible situation.

The Failed Divorce Petition

In 1809, Ambrose petitioned the North Carolina legislature for divorce. In his emotional appeal, he described how he had improved Barbara’s land during their marriage but had “declined any further use of the same” after discovering her relationship with Weskett. Despite support from several prominent citizens, including members of the legislature, his petition was denied.

Property and Financial Matters

In an interesting twist, despite his complaints to the legislature, Ambrose had already sold Barbara’s 76 acres to John Weskett in 1804 for 400 silver dollars. This transaction would later become part of a complex web of property arrangements between the three parties.

A Family Grows

Unable to marry legally until after Ambrose’s death, John and Barbara continued their life together, eventually having seven children: Thomas, Samuel, Patrick, Sally, Polly, Harriett, and John (my 3rd great-grandfather). Their relationship, though technically illegal, was accepted enough in the community that they were able to conduct business and own property.

Legal Marriage at Last

On December 22, 1824, John and Barbara were finally able to formalize their relationship. They signed a detailed marriage contract that carefully protected Barbara’s property rights and provided for their children’s inheritance. This contract offers a fascinating glimpse into both the legal complexities of the time and the couple’s commitment to securing their family’s future.

Later Years

By 1830, Barbara had established herself as head of her own household, according to census records. The family owned three slaves initially, though by 1840 this number had decreased to one. The census also notes “1 insane white” in the household, possibly referring to John’s brother James.

Wescott Home.jpg

Home of three generations of Wescott's built around 1810. 
Moved from Manteo Airport in 1942 by D. Victor Meekins

Historical Significance

This family story has attracted scholarly attention, being featured in several academic works examining legal culture and gender relations in the post-Revolutionary South. It provides valuable insights into marriage, property rights, and social norms in early American society.

Endnotes

Barbara Midgett, The People and Their Peace: Currituck County, North Carolina, 1728–2000 (Currituck, North Carolina: Currituck County Historical Society, 2005), 170; digital images, Google Books (https://www.google.com/books/edition/The_People_and_Their_Peace/0cU3CwAAQBAJ: accessed 22 March 2026), entry referencing Barbara Midgett.

“Dare, North Carolina, United States records,” images, FamilySearch ({{FamilySearch Image | 3QSQ-G982-YCQW}} : Mar 23,
2026), image 414 of 668; Dare County (North Carolina). Register of Deeds.
Image Group Number: 007538808

Barbara Midgett, The People and Their Peace: Currituck County, North Carolina, 1728–2000 (Currituck, North Carolina: Currituck County Historical Society, 2005), 170; digital images, Google Books (https://www.google.com/books/edition/The_People_and_Their_Peace/0cU3CwAAQBAJ: accessed 22 March 2026), discussion of Ambrose’s legislative complaint and prior sale of Barbara Midgett’s 76 acres to John Weskett in 1804 for 400 silver dollars.

Barbara Midgett, The People and Their Peace: Currituck County, North Carolina, 1728–2000 (2005), 170–171; digital images, Google Books (https://www.google.com/books/edition/The_People_and_Their_Peace/0cU3CwAAQBAJ
: accessed 22 March 2026).

Barbara Midgett, The People and Their Peace: Currituck County, North Carolina, 1728–2000 (Currituck, North Carolina: Currituck County Historical Society, 2005), 170–171; digital images, Google Books (https://www.google.com/books/edition/The_People_and_Their_Peace/0cU3CwAAQBAJ: accessed 22 March 2026), describing the relationship of John Wescott and Barbara Midgett and naming their children Thomas, Samuel, Patrick, Sally, Polly, Harriett, and John.

“Currituck, North Carolina, United States records,” images, FamilySearch ({{FamilySearch Image | 3QS7-898B-WTH}} : Mar 23, 2026),
image 343 of 582; North Carolina. County Court of Pleas and Quarter Sessions (Currituck County). Image Group Number: 007513637

1830 U.S. census, Currituck County, North Carolina, population schedule, John Wescott household; digital images, Ancestry ({{Ancestry Record|8058|185142}}: accessed 22 March 2026); citing National Archives microfilm publication M19.

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AI Tools Help Transcribe Captain Wescott’s Article

For many years, I had a newspaper article about my second great-grandfather, but it was torn into two sections, making it hard to read. Plus, the person who cut it out removed the date, newspaper title, and publisher, so I couldn’t find it. Recently, I discovered the article online, and thanks to some amazing AI tools, I was able to transcribe it! I’m excited to finally share it with everyone so we can all enjoy the story together!

Captain Wescott Preparing For Season On “Dry Body of Water”

The article about Captain Wescott is from The Waynesville Mountaineer, published on June 1, 1939.

“Yes, I was born on Roanoke Island, where Virginia Dare first saw the light, but she had left before I got there,” said Captain John T. Wescott, with a twinkle in his eyes.

The captain, a landmark at the Lake Junaluska Assembly Grounds, has been in charge of the rowboats and has run the launch “Cherokee,” in which he has a third interest, for the past twenty-one years. Prior to his coming to the Lake, the captain had retired from the United States Coast Guard service, after 43 years of active duty.

“But I date back pretty well, even if I didn’t know Virginia,” continued Captain Wescott. “I was born in 1853, and I well recall the days when General Burnside captured Roanoke Island during the Civil War. We had food stored away to do us a year, but the soldiers took everything, and after they left, it looked like starvation. We had forty hogs and forty chickens, and they took them all. One of the Yankee officers, however, took an old hen away from one of the privates and came back and brought it to my mother. She kept it hidden in a barrel in the attic until she was sure the soldiers had left for good.”

“Another thing I remember were the decoy geese my father had and prized so much. They took them all and his guns too. We had been taking care of two Confederate soldiers who were wounded and suffering, and had asked us to give them shelter. So, when the Yankees found out about them, they took my father a prisoner. But what’s the use of recalling such things at this time? Somebody might have hard feelings about it, and I don’t mean it that way. I am just remembering when I was a child.”

Captain Wescott, erect, stocky, and ruddy-faced, denies in appearance and bearing the years he claims make up his age. He shows the clear skin of a person who has lived much in the open. His quarters in the Cherokee Inn, where he lives six months out of the year, are as immaculate as the cabin of a well-scrubbed ship. He showed us about. His closet, cedar-lined and large enough to hold a good-sized trunk, boxes, plenty of shelves, and rows of hooks for hanging garments, is as neat as a pin. Everything is in its place. But one could have guessed without being told where his great interest lay, for there were boat models.

“Yes, for twenty-one years I have run the ‘Cherokee’ on a regular schedule around the lake from 7 to 8 o’clock every evening except Sunday, during the entire season here. I always come early in April to get the rowboats and the launch ready for the summer,” he said.

“But after my years on the sea, I’ll have to admit that Lake Junaluska is the tamest body of water I have ever run a boat on. It’s like taking a broken dose of something for me to run the launch on Lake Junaluska, but then at 86, that’s alright, because I can’t do the work I once did,” said the captain.

“But I don’t like the looks of the lake a bit these days,” he continued. “Right now, it looks like I might have to hoist the old ‘Cherokee’ on wheels, because she has a poor chance of floating anytime soon. We are having a lot of dam trouble down here, but I think the good Methodists are having fun talking about their dam troubles,” he said when speaking of the present condition of the lake.

Lake Junaluska has been drained for work on the lake bed, and it may not be filled until July, which seems to be mighty hard on the captain, who is at work on his boats, getting them ready to float, with a “dry body of water facing the boathouse,” as he says.

The captain’s 43 years of service were seen in the Revenue Cutter, Life Saving, and Inland Service of the Government, and he was located some fifty-five miles from Cape Henry in the coast guard service for 30 years, retiring at the age limit of 65.

After his retirement, two of his daughters, school girls at the time, came to Lake Junaluska, and were so enthusiastic that they persuaded their mother and father to come to this section the next year. They did so, and both liked it. They soon bought the Cherokee Inn, which they owned and operated for many years.

Two years prior to the death of Mrs. Wescott, they rented the Inn to Mr. and Mrs. Claude Medford, who bought the place about three years ago and have since operated it. The captain has continued to make his home at the Inn, during the time he spends in this section.

The rest of the year, the captain spends with his six children, who are scattered from Greenville, Ky., to Richmond, Va. The greater part of the six months out of the mountains is spent with his son, who lives in Norfolk. When his longing for the old life on the coast of North Carolina gets too much for him, he visits his brother down in Manteo.

“I’ll be coming to Lake Junaluska to run the ‘Cherokee’ as long as I live,” said the captain. “I feel more at home here than most any place now.”

Footnote: We, my genealogical cousins and I, have been unable to find any record of John Senior being a POW, but that does not mean he was not one. It could have been an overnight stay in jail, or he had to pay a fine, or he was part of the prisoner exchange.

Read my blog to discover the incredible story of Captain Wescott and uncover the fascinating details about this remarkable man!

The Resilience of Minnie Cofer: A Virginia Family Tale

Every family has its matriarchs—women whose lives may feel like distant whispers of the past but whose legacies are woven into the fabric of who we are today. Even though I did not know her, it feels like one of those women is Miriam Baylor Cofer, or “Minnie,” as she was lovingly called. Minnie was my great-great-grandmother, the mother of Ruby Chapman Wescott, my great-grandmother. While her life ended far too soon, it was filled with resilience, music, and family—a story that spans generations and paints a vivid picture of life in Virginia during the late 19th and early 20th centuries.

A Childhood Full of Family and Loss

Born in 1867, Minnie grew up in a bustling household. She was the second of eight children in the Cofer family, though tragedy struck early when her older brother passed away at the tender age of seven. Despite this loss, the Cofer family thrived in Virginia, becoming one of the most prolific families in the region.

When Minnie was just three years old, she lived at home in Norfolk, Virginia. Imagine this: a home filled to the brim with sixteen people—her parents, four siblings, grandmother, and six aunts and uncles. The house, valued at $5,400 at the time (the equivalent of nearly $95,000 today), must have been lively and chaotic, filled with the sounds of family life. By the time Minnie turned 11, the Cofer family had moved out of the Davis home and into 61 Queen Street in Norfolk (now Portsmouth) where Minnie grew up alongside her four surviving siblings. That address no longer exists, but I believe it was near where the Court Street Baptist Church is now. (See map below.)

Love, Marriage, and Music

Three days before for twentieth birthday, Minnie married Isaac Burns Chapman in 1887, beginning a new chapter in her life. Together, they had seven children, including my great-grandmother Ruby. Their home was filled with the warmth of music and family. Ruby fondly recalled that both her parents had beautiful alto voices. Isaac, a talented string player in a band during his youth, would accompany Minnie, who played the organ at Court Street Baptist Church in Portsmouth. Singing became part of their family’s nightly tradition—a legacy of harmony passed down through the generations.

A Life Cut Short

Minnie’s life, though vibrant, was tragically brief. She passed away in 1916 at the age of 49 from cancer of the uterus. She is buried at Cedar Grove Cemetery in Norfolk, Virginia, a place where so many family stories converge.

Remembering Minnie: A Look Through Photos

The photos we have of Minnie give us a glimpse into her personality and presence. One, dated around 1887, shows Minnie at about 19 years old (though, to me, she appears older than that). In another photo, taken in 1916—the year of her death—Minnie is seen in a black dress standing beside a woman identified as “Mrs. Halyburton,” another prominent Virginia name. I often noticed that name in many of Ruby’s photos. I believe Mrs. Halyburton became a mother figure in Ruby’s life, as she appears in many pictures even after Ruby was married.

These photos offer more than just a visual record; they’re windows into her world, one that was rooted in Virginia’s history and her family’s enduring bonds.

The Legacy of the Cofer Family

Minnie’s story reminds us of the power of family, music, and resilience. From her crowded childhood home in Norfolk to her years as a wife, mother, and organist, she left behind a legacy of love and creativity. The Cofer name, deeply rooted in Virginia, represents a lineage of strength that continues to echo in the lives of her descendants.

Walking in Minnie’s footsteps—through stories, addresses, and photographs—gives me a sense of connection to the past. Her life, though distant in time, feels alive in the values and traditions she passed down. Whether it’s through the music of her home, the bonds of her family, or the resilience she demonstrated, Minnie remains an inspiring figure in my family tree.

 The three pictures below are the same. See the description for each.

Based on the dress style, high collar, and the sepia photograph’s format, this picture likely dates between 1880 and 1895. The visible brooch or floral embellishment, along with earrings, adds a personal, decorative touch, indicating she was dressed for a special occasion. The chain or ribbon with a small crucifix may have symbolic significance or simply reflect the style of the period. (analysis of photo by ChatGPT.) Since this was taken about 1887, I think it was a professional photograph taken before she was married in July of 1887 at the age of 19.

Miriam Cofer age 18 according to photo
Miriam Baylor Cofer -circa 1887 (the year she was married) according to the back of the photo. Original scanned photo.
Same photo with enhancement made by MyHeritage Photo Restorer- 24 Nov 2024.
Same photo with Enhanced Color Restored feature by MyHeritage- 24 Nov 2024
Court Street Baptist Church abt. 1762-
Courtesy of the Portsmouth Public Library
1908
Norfolk & Portsmouth, Virginia 1873-Drie, C. N. Norfolk & Portsmouth, Virginia. [N.P, 1873] Map. Retrieved from the Library of Congress, www.loc.gov/item/75696645/. In the 1880 census they lived on Queen, the next street the census taker visited was Bute.

Minnie is the woman in the dark black dress in both photos below.  The photos say about 1916, which is the year she died.  The other woman is “Mrs. Halyburton,” another big name in Virginia.  Unfortunately, the photos do not say where these were taken.  They lived in Bond Avenue and Granville Avenue, the Brambleton area of Virginia today.  From what I can find through Google, they lived where the railroad tracks are now in the area.

Miriam and Mrs. Halyburton in 1916
Miriam Cofer and Mrs. Halyburton in 1916

Final Thoughts

As I look back on the life of Minnie Baylor Cofer, I feel a profound sense of gratitude for the stories that have been preserved and the family ties that continue to connect us. Her life may have ended over a century ago, but her legacy still sings in the voices of her descendants. To me, she will always be more than a name in a family tree—she’s a symbol of strength and love.

While the majority of the writing is my own, I used ChatGPT to help with some minor rewrites and edits.

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Tracing the Wescott Family Origins in Virginia

📸Microsoft Designer AI

My Eighth Great-Grandfather: Once Again, We Find the Wescott’s on the Shoreline

Many researchers have studied the Wescott name, but the exact origins of our lineage remain uncertain. Most findings are based on deductions rather than definitive records.

The earliest known record of our lineage traces back to John Wescott, who lived in Accomack County (now Northampton), Virginia. Much of the information about him comes from “The Miles Files,” a valuable research collection compiled by M.K. Miles. These files, generously donated to the Virginia Eastern Shore Public Library, contain over 83,000 names from the Eastern Shore counties of Accomack and Northampton, Virginia; Somerset, Worcester, and Wicomico in Maryland; and Sussex County, Delaware. This collection documents the Westcott family along with “hundreds of families from the Eastern Shore, from Charlemagne to the early 1900s.”

It is believed that John Wescott I was born in Accomack County, Virginia, in 1659. Although unproven, his father may have been William Wescott, one of three brothers from England and a nephew of Stukely Wescott.

John’s age was recorded in November 1684 in Northampton County, Virginia, as “Jno Wescott, 25.”

John married Elizabeth Clarke, daughter of George Clarke II and Elizabeth (maiden name unknown), before June 28, 1690, in Northampton County, Virginia.

The Elizabeths in this lineage can be confusing. In an email, M.K. Miles suggested that “George Clarke II’s first wife, Elizabeth, likely died after their children were born, and he then married a second wife named Elizabeth, who was young enough to be the mother of John Wescott’s children.”

John and Elizabeth frequently appeared in court records. One notable mention is a court order from June 28, 1690, in Northampton County, Virginia. On that date, “upon the petition of Wm. Sterlinge against John Wescott as marrying Elizabeth, the widow of George Clarke deceased, the court ordered Wescott to provide an account of Clarke’s estate at the next court session.” Sterlinge was Elizabeth’s first husband.

John was mentioned again in a court order on February 2, 1691, in Northampton County, Virginia. The record states that “John Wescott, having married Elizabeth Clarke, administrator of George Clarke’s estate, petitioned for a valuation of certain cattle on Hogg Island belonging to the deceased’s estate and for a division of the livestock between himself and Clarke’s children.”

John also witnessed a will before October 28, 1698, in Northampton County, Virginia. On this date, he, along with William Kendall and Robert Browne, witnessed the will of William Sterlinge, whose wife was named Elizabeth.

Another intriguing court case involved Elizabeth and Ellenor Carter, a freewoman, and revolved around 17th-century cloth. The dispute ultimately resulted in John Wescott paying a fine to Ellenor’s husband, Thomas Carter.

17th-Century Cloth and Its Importance

Dowlas was one of the most common linens of the period. Another widely used imported fabric was “ozenbrig,” a tough, coarse linen woven in Osnabruck, Westphalia. This fabric was used for making breeches, entire suits, sheets, table covers, and carpetbags.

(See Habiliments And Habits)

Land Transactions and Legal Matters

In 1706, records indicate land transactions involving John Wescott. George Clarke sold several parcels on Hog Island, Northampton County, Virginia: 100 acres to William Harmanson, 200 acres to John Westcote, 100 acres to Edward Joynes, and 200 acres to Jonathan Bell.

On March 12, 1728, John was named in the settlement of his son’s estate. The court ordered John Wescott, as heir-at-law, to appear and explain why Simon Elliott should not be granted administration of the estate of Littleton Wescott, John’s deceased son.

John Wescott’s Will

John made his will on June 16, 1728, in Northampton County, Virginia. In it, he bequeathed:

  • 100 acres on the south side of his land to his son John for life, then to his grandson John Wescott.

  • The remaining 100 acres, including his house and plantation, to his grandson Littleton Jarman.

  • The remainder of his estate (except for his mill) to be divided among his three children: John Wescott, Elclanah Barker, and Francis Ellit.

  • His mill to be shared between the two plantations.

  • Executors: His son John and son-in-law Simon Elliot.

  • Witnesses: Matthew Floyd, John Satchell, and John Esdell.

John Wescott passed away before July 9, 1728, when his will was proved in court.

Children of John and Elizabeth Wescott

John and Elizabeth had five children:

  1. John Wescott II (c. 1692–before November 13, 1733) – Our ancestor

  2. Elclanah Wescott (c. 1698–unknown)

  3. Frances Wescott (c. 1700–unknown)

  4. Littleton Wescott (c. 1702–before March 12, 1728)

  5. A daughter (name unknown, c. 1704–before June 16, 1728)

Wescott Family Origins

Wescott Family Origins

Many believe that all Westcott, Wescoat, and Wescott families descend from Stukely Wescott. However, it is unclear whether our direct ancestor was Stukely, his brother, or his nephew. The exact lineage remains uncertain.

The name “Wes” is thought to derive from “Wessex,” while “Cot” may refer to a cottage or protected home.

The story of John Wescott and his descendants highlights the challenges of early American colonial life. Through court records, land transactions, and family connections, we gain a glimpse into the resilience and legacy of our ancestors. Though many details remain uncertain, the Wescott family played a vital role in shaping the communities of the Eastern Shore. As we continue our research, we honor their journey and preserve their history for future generations.

For more about Stukely Westcott, read History and Genealogy of the Ancestors and Some Descendants of Stukely Westcott and The Ancient Westcott Family in England and Part 2: Stukley Westcott in England and His Emigration to America.

Resources used by Mr. Miles

William R.M. Houston M.D. & Jean M. Mihalyka, Colonial Residents of Virginia’s Eastern Shore (Whose Ages Were Proved Before Court Officials of Accomack and Northampton Counties), p. 114.
 Albert Mack Sterling, The Sterling Genealogy, Volume One, p. 230 (William Sterling of Hungar’s Parish, Northampton County, Virginia).
 Frank V. Walcyzk, Northampton Co, VA, Bk 13, Orders & Wills, 1689-1698, Vol 1 (1689-1694), p. 154 (origin page number) (a division of the estate of George Clarke).
James Handley Marshall, Northampton Co, VA, Abstracts of Wills & Administrations, 1632-1802, p. 161 (will of William Sterling, wife Elizabeth).
 Ralph T. Whitelaw, Virginia’s Eastern Shore (A History of Northampton and Accomack Counties), p. 369 (tract N62).
James Handley Marshall, Northampton Co, VA, Abstracts of Wills & Administrations, 1632-1802, p. 264 (will of John Westcott).