Benjamin Waller (1 October 1716 – 1 May 1786) 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.