Separating the John Stewarts of Amherst and Fighting Creek
One of the most exciting—and sometimes frustrating—challenges in genealogy is disentangling individuals with similar names in the same region. Recently, I came across a prime example of this while researching the lineage of John Stewart of Amherst, Virginia. A particular deposition from March 5, 1783, has led to some crucial revelations regarding the identity of John Stewart, who, based on this document, cannot be the same person as the orphan John Stewart of Fighting Creek, born around 1706. Let me walk you through the evidence and what it means for genealogists working on this line.
The Deposition: A Key Piece of Evidence
The deposition in question was given in Amherst County on March 5, 1783. Martha Cole West testified that she was:
“21 years old, or 22 years old, last June, from a register kept by her father.”
This aligns well with her known birth date and is fairly straightforward.
However, the crucial part for our Stewart research comes from John Stewart’s testimony in the same deposition. John Stewart deposed that he was “aged 53 years” at the time, which places his birth year around 1730. He also confirmed that Martha West, daughter of John West, was indeed over 21 years old.
The Orphan of Fighting Creek
Now, let’s look at the orphan John Stewart of Fighting Creek. We know that he was born around 1706 because, in 1727, he sold his first piece of land from Fighting Creek. In colonial Virginia, one had to be at least 21 years old to transact land. Since he sold land in 1727, this places his birth year around 1706 at the latest.
The Implications: John Stewart of Amherst vs. the Orphan of Fighting Creek
Given that John Stewart of Amherst was 53 in 1783, this creates a significant chronological conflict with the assumption that he could be the same person as the orphan John Stewart of Fighting Creek, born around 1706. If John Stewart of Amherst was born in 1730, he would have been far too young to be the orphan from 1706, who would have been in his mid-to-late 70s by the time of the deposition.
This leaves us with two possible explanations:
- John Stewart of Amherst and the orphan John Stewart of Fighting Creek are two entirely unrelated individuals. The matching names and locations could easily lead to confusion, but the age discrepancy provided in the deposition makes it clear that they are not the same person.
- There is an extra generation that we are missing. It is possible that the John Stewart of Amherst (born around 1730) is the son of the orphan John Stewart of Fighting Creek, creating a father-son lineage rather than one individual. This theory fits the timeline better and could explain how the two men have been conflated in historical records.
Why This Matters
For genealogists tracing the Stewart line in Amherst County and surrounding areas, this evidence is a critical turning point. If we accept the first option, that these two Stewarts are unrelated, we may need to reevaluate a significant portion of the existing Stewart family trees. On the other hand, if we consider the second option, it opens the possibility of an additional generation that was previously undocumented.
The next steps for researchers should involve digging deeper into records from the early-to-mid 1700s to search for any documentation that could clarify whether the John Stewart of Amherst had a father who was the orphan of Fighting Creek. This could involve looking into land records, wills, or other legal documents that might mention both men.
Conclusion
The deposition from 1783 provides a key insight that forces us to reconsider previously accepted narratives about John Stewart of Amherst. Whether this leads to the discovery of a new generation or confirms that these two Stewarts are unrelated, it’s a reminder of how careful we must be in our genealogical research. Names can be deceiving, and the evidence can lead us down paths we might not expect.
For now, the most responsible conclusion is that John Stewart of Amherst is not the orphan of Fighting Creek born around 1706. The search for their true relationship—if any—continues.
Happy hunting, and as always, keep digging!

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