Benjamin Waller

An attorney interpreted by Jim Loba.

Born 1716 in King William County, Virginia
Student at College of William & Mary
Studied law using Sir John Randolph's law library
Shared his knowledge of law with George Wythe
Respected lawyer, community leader, and land developer
Died 1786

Respected and influential community leader

Benjamin Waller was a respected and influential lawyer, civil servant, community leader, and land developer. Born in King William County, Virginia, Waller was a student at the College of William and Mary and later studied law using Sir John Randolph's law library. He later imparted some of his legal training to George Wythe.

Appointed to lucrative positions by patron

Due in part to the influence of his patron, Secretary John Carter, Waller received appointments to a number of important and lucrative positions. He served as clerk and burgess for James City County, recorder of Williamsburg, vestryman of Bruton Parish Church, and judge of the Court of Admiralty, to name a few of his many offices.

Williamsburg land developer

Waller also was a land developer. He purchased several parcels of land on the east side of Williamsburg and subdivided a portion of the property into smaller lots, many of which were bought by craftsmen who paid 10 pounds for each lot. Purchasers had to agree to build a 16-by-20-foot house with a brick chimney within three years.

Father of ten

Waller married and had 10 children, six daughters and four sons. His wife, Martha, tended to the household overseeing the children and directing the work of their several slaves. One of his grandsons, William Waller, married the daughter of U.S. President John Tyler and lived in Benjamin Waller's house in Williamsburg.
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Benjamin Waller (1716-1786),

Benjamin Waller (1716-1786)

Waller was descended from a Virginia family established in the state since the 17th century. He was born in King William County, Virginia, the son of Col. John and Dorothy (King) Waller, and was trained as a lawyer utilizing the legal library of Sir John Randolph. Benjamin Waller was a clerk of the general court for a number of years and, in 1777, he was named presiding judge of the court of admiralty in Williamsburg, Virginia. Subsequently he served as a judge on the first Court of Appeals where he remained until 1785 when the court moved to Richmond, Virginia. He was an eminent lawyer of Colonial times and held many important offices under the crown. His name is on the list of the Committee of Safety for the city of Williamsburg Dec 1774 (Forces Archives.) He was Judge of the Court of Admiralty and in a list of the Judges of the Supreme Court of Virginia 1778 (WMQ July 1898). Also: King’s attorney of Gloucester (1738); Clerk of James City county (1739; 1742); clerk of “The Court of Oyer and Terminer” (1739); Clerk of the “Committees of Propositions and Grievances, and Privileges, and Elections” (1743); all under George II of Great Britain. He served on the Supreme Court of Virginia 1779-1785. As clerk of courts, it fell to Benjamin Waller to read the United States Declaration of Independence from the Williamsburg courthouse steps on 25 Jul 1776. Waller also served as mentor and teacher of law to George Wythe. His grandson, Littleton Waller Tazewell, was a U.S. Representative, U.S. Senator from and governor of Virginia. Waller Street in Williamsburg is named for Benjamin Waller and his family.

Waller Street, Williamsburg, Virginia (photo credit: Amy Shook, June 2014)