James Burress

Notes:

CENSUS RECORDS

1830 United States Federal Census
Name: James Burriss [James Burress]
Home in 1830 (City, County, State): Tazewell, Virginia
Free White Persons - Males - 20 thru 29: 1
Free White Persons - Females - 20 thru 29: 1
Free White Persons - 20 thru 49: 2
Total Free White Persons: 2
Total - All Persons (Free White, Slaves, Free Colored): 2

1850 United States Federal Census
Name: Jas Burress [James Burress]
Age: 43
Birth Year: abt 1807
Birthplace: Virginia
Home in 1850: Western District, Tazewell, Virginia
Gender: Male
Family Number: 632
Household Members:
Jas Burress 43
Frances Burress 42
Wm Burress 18
Thos Burress 16
Jas R Burress 12
Geo Burress 7
Jno W Burress 2
Rebecca J Burress 6
Julia A Burress 4

1860 United States Federal Census
Name: James Burris
Age in 1860: 58
Birth Year: abt 1802
Birthplace: Virginia
Home in 1860: Western District, Tazewell, Virginia
Gender: Male
Post Office: Tazewell Court House and Baptist Valley
Household Members:
James Burris 58
Francis Burris 50
Margaret Burris 15
Wesley Burris 13
Wiley Burris 10
Benjamin Burris 7

1870 United States Federal Census
Name: James Bump [James Burress]
Age in 1870: 56
Birth Year: abt 1814
Birthplace: Virginia
Home in 1870: Clear Fork, Tazewell, Virginia
Race: White
Gender: Male
Post Office: Burkes Garden
Household Members:
Polly Cox 35
Jefferson Cox 16
Artemisa Cox 13
Emiline Cox 11
George E Cox 8
Norman Cox 3
James Burress 56
Benjamin Burress 16

1880 United States Federal Census
Name: James Burress
Age: 65
Birth Year: abt 1815
Birthplace: Virginia
Home in 1880: Clear Fork, Tazewell, Virginia
Race: White
Gender: Male
Relation to Head of House: Self (Head)
Marital Status: Married
Spouse's Name: Polly Burress
Father's Birthplace: Virginia
Mother's Birthplace: Virginia
Occupation: Farmer
Household Members:
James Burress 65
Polly Burress 45
Benjamin Burress 22
Emily Burress 19 [Daughter-in-law]
Virginia A. Burress 2
George B. Cox 16 [Stepson]
Norman Cox 12 [Stepson]

DEEDS

Source: Tazewell Deeds, Book 8, Page 266

Date: 16 July 1844

James Burress Indenture/Deed July 16, 1844

This Indenture, made the sixteenth day of July in the year of our Lord, one thousand eight hundred and forty four between James Burrass (sic) and Franky, his wife of the County of Tazewell and State of Virginia of the one part and George P. Thompson of the same County and State of the other part, witnesseth: that whereas the said James Burrass is justly indebted to George W. Browne in the just and full sum of nineteen dollars and forty six cents, the payment of which with interest the said Burrass is willing and desirous, effectually to assure and secure to the said Browne. This Indenture therefore witnesseth, that the said Burrass and Franky, his wife, as well in consideration of the premises aforesaid as of one dollar to him in hand paid by the said Thompson, the receipt whereof is hereby acknowledged the said James Burrass and Franky his wife, have granted, bargained and sold, and by these presents do grant bargain and sell unto the said George P. Thompson, all the right, title, interest and claim of them, the said James Burrass and Franky, his wife, in and to the real estate of Alexander Neel, deceased, the said Franky being a daughter of said Alexander Neel and as such entitled to the eighth part of his estate, with all the appurtenances. To have and to hold the said interest in said parcel of land, with all the appurtenances unto the said Thompson and his heirs, to the sole use and behoof of the said Thompson and his heirs, and the said James Burrass and Franky his wife, for themselves and their heirs, the said right, title and interest in the said parcel of land, with all the appurtenances to the said Thompson and his heirs against the claim of them the said James Burrass and Franky his wife, and their heirs, and all other persons whomsoever shall, will and do by these present warrant and forever defend, in trust, never the less, that if the said James Burrass, his heirs, executors or administrators, do and shall well and truly pay or cause to be paid to the said George W.G. Browne, his heirs or assigns the said sum of nineteen dollars and forty six cents on or before the 16th day of December next together with the expenses of drawing and recording this indenture and the tax thereon, then and in that case, this indenture, and everything herein contained shall become void and of no effect; But if the said Burrass shall fail to pay the said sum of money or any part thereof, on or before the said 16th day of December, next, then it shall be lawful for the said Thompson, and full power and authority is hereby given him to proceed to sell the said interest and claim in said parcel of land with all the appurtenances, so soon after the said 16th December next as he may be requested by the said Browne, at public auction for ready money, to the highest bidder, at Tazewell Court House, having previously advertised the time and place of sale at least twenty days by advertisement affixed for that space of time to the front door of said Court House and the proceeds of such sale after paying thereout all the expenses attaining the execution of this trust including a commission of 5 percent on the amount of sale to the said trustee for his trouble in executing the same shall be applied by the said Thompson towards the discharge and payment to the said Browne of the aforesaid sum of nineteen dollars and 46 cents, with interest on so much of said sum with interest as may remain unpaid, and in further trust, that until such sale shall be made it shall be lawful for the said Burrass and wife, and their heirs, to hold and occupy the said granted interest in said land and premises and to take and receive, the rents, issues and profits thereof to their own proper use and benefit, and also, that the said Burrass his heirs, executors, or administrators, will pay and discharge all taxes, impositions, assessments and other charges, whatsoever which may or shall become chargeable thereon, during his or their possession thereof. And the said Thompson doth covenant on is part, that he will faithfully execute the trust hereby reposed in him. In testimony whereof, the parties hereunto have to these presents set their hands and affixed their seals, the day and year first in this indenture written.

His mark, James Burrass (seal)
G.P Thompson (seal)

Virginia : In the Clerk's office of Tazewell County Court , July 16, 1844.
James Burrass and George P. Thompson parties to the within deed personally appeared before me in my said office, and acknowledged the said deed to be their act and deed and the same is admitted to record. Teste. J.E. Chapman, D.C.

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Source: Tazewell Co. Va, Book 8 Page 463

Date: 23 Sep 1845

Franky Burress Indenture/Deed September 23, 1845

This indenture, made this twenty third day of September in the year of our Lord one thousand eight hundred and forty five between James Burrass (sic) and Franky, his wife of the county of Tazewell, and state of Virginia of the one part and George W.G. Browne of the other part, witnesseth: that the said James Burrass and Franky, his wife for and in consideration of the sum of forty dollars current money of the United States to them in hand paid, the receipt whereof is hereby acknowledged, do grant, bargain and sell unto the said George W.G. Browne, all their right, title and interest in a certain tract or parcel of land lying and being in the county of Tazewell on the Muddy fork of Wolf Creek, which formerly belonged to Alexander Neel, and in which as the daughter and heir of said Alexander Neel, the said Franky is entitled to one eighth part with all the appurtenances: To have and to hold the said interest in said tract or parcel of land with all the appurtenances unto the said George W.G. Browne, and his heirs, to the sole use and behoof of him the said BrownE and his heirs. And the said James Burrass and Franky his wife for themselves and their heirs, do covenant, with the said George W.G. Browne, that they the said James Burrass and Franky his wife the said interest in said parcel of land, with all the appurtenances unto the said George W.G. Browne, and his heirs, against the claims of them the said James Burrass and Franky his wife, and every other person or persons whatsoever, shall warrant and will forever defend. In witness, whereof the said James Burrass and Franky, his wife have hereunto subscribed their names and affixed their seals the day and year first above written.

Her Mark, Franky Burrass (seal)

Tazewell County , to wit:

We, Erastas G. Harman and William Cox, Justices of the Peace in the County aforesaid, in the state of Virginia, do hereby certify that Franky Burrass wife of James Burrass, parties to a certain deed, bearing date on the 23rd day of September 1845 and hereunto annexed, personally appeared before us in our County aforesaid, and being examined by us privately and apart from her husband, and having the deed aforesaid fully explained to her, the said Franky Burress, acknowledged the same to be her act and deed and declared that she had willingly by signed, sealed and delivered the same, and that she wished not to retract it. Given under our hands and seals this 23rd day of September 1845.

E.G. Harman. JP
William Cox, JP

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Source: Tazewell Co Va, Book 15, page 110

Date: 9 Nov 1872

James Burress Homestead Exemption November 9, 1872

This deed of Homestead made the 9th day of November 1872 by James Burress of the County of Tazewell and State of Virginia . Witnesseth: That the said James Burress hath and doth by these present declare his intention to claim free from levy, seizure, garnish or sale for any debt whatsoever except in such cases as the law especially subjects the same, the following personal property to wit:

1 cow valued at $25.00
7 head of hogs valued at $15.00
130 bushels of corn valued at $65.00
1 lot corn fodder valued at $10.00
Household and kitchen furniture valued at $40.00

To have and to hold to myself and household according to the provisions of an act of general assembly of Virginia known as the "Homestead Act" approved June 2, 1870. Witness my hand and seal they day and year above written. James Burress (seal)

COURT RECORDS

Source: Tazewell County 1832-1844; Page 243; Tuesday, April 24, 1838

The Commonwealth VS. James Burriss (No. 1)
On an indictment for breach of peace

The Commonwealth VS. James Burriss (No. 2)
Same

The attorney for the Commonwealth, with the assent of the court, saith that he will not further prosecute in these causes.

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[Note: Unsure what the case was about, but it was delayed from 29 Aug 1847 to 27 Sep 1849 at which point both sides decided to drop the charges. Given the distance to travel to the court house and/or to the lawyer's office for each of these continuances was more than likely an aggravation for James Burruss and Wysor Adkins. In the end, it was more convenient and less costly for them just to forget the lawsuit.]

Source: Court Records Tazewell County Law books; 1844-1859

Burress VS. Adkins (Case)

Law Book 1844-1859; Page 87

Thursday, August 29, 1847


James Burrass, Plaintiff VS. Wysor Adkins, Defendant - Case

On the motion of the plaintiff by his attorney, it is ordered that the monsciet (?) obtained against him in the office in the cause be set aside, and that he have leave to file his declaration therein, and thereupon he filed the same accordingly; and the cause is remanded to rules for further proceedings to be had therein.

William Burrass, Plaintiff VS. James Burrass, Defendant - Case
On the motion of the plaintiff by his attorney, it is ordered that the monsciet (?) obtained against him in the office in this cause be set aside, and that he have leave to file his declaration, and thereupon be filed the same accordingly; and the cause is remanded to rules for further proceedings to be had therein.


Law Book 1844-1859; Page 108 and 109

Thursday, September 30, 1847

James Burrass, Plaintiff VS. Wysor Adkins, Defendant - Case
On motion of the defendant by his attorney, who pleaded "not guilty" to which the plaintiff by his attorney replied generally, the judgment obtained against him in the office is set aside; and the trail of the issue is deferred till the next term.

William Burrass by &c., Plaintiff, VS. Wysor Adkins, defendant - Case
On the motion of the defendant by his attorney, who pleaded "not guilty" to which the plaintiff by his attorney replied generally, the judgment obtained against him in the office is set aside, and the trail of the issue deferred till the next term.


Law Book 1844-1859; Page 126

Wednesday, April 26, 1848

James Burrass, Plaintiff VS. Wysor Adkins, Defendant
This day came again the parties by their attorneys and the defendant by his attorney filed a special plea in writing, to which the plaintiff by his attorney replied generally, and the cause is continued til the next term.

William Burrass, by &c. Plaintiff VS. Wysor Adkins, Defendant
This day came again the parties by their attorneys and the defendant by his attorney filed a special plea is writing, to which the plaintiff by his attorney replied generally. And the cause is continued till the next term.


Law Book 1844-1859; Page 143

Wednesday, September 27, 1848

William Burrass, by &c. Plaintiff VS. Wysor Adkins, Defendant - Case
On motion of the defendant in these causes, and for reasons appearing to the court, it is ordered that these causes be severally contained till the next term at the costs of the respective defendants.


Law Book 1844-1859; Page 176

Thursday, September 27, 1849

James Burrass, Plaintiff VS. Wysor Adkins, Defendant
William Burrass by &c. Plaintiff VS. Same, Defendant
Ordered that these causes be dismissed, the parties having agreed the same.


Buried:
Grave location:
http://www.findagrave.com/cgi-bin/fg.cgi?page=gr&GRid=120669383

Died:
Virginia, Deaths and Burials Index, 1853-1917
Name: James Burres
Birth Date: abt 1807
Death Date: 7 Jun 1883
Death Place: Head Waters of Clinch, Tazewell, Virginia
Death Age: 76
Race: White
Gender: Male
FHL Film Number: 2048586

Tazewell County Death Register 1872-1896; June 7, 1883

Place of Death: Tazewell County, Virginia
Name of Deceased: James Burress
Race: White
Sex: Male
Age: 76
Date of Death: June 7, 1883
Place Head: Waters of Clinch
Cause of Death: Cancer
Name of Parents: Not Stated
Birth Place: Not Stated
Occupation: Farmer
Consort Of Married:
Name of Informant: Neighbors and Children
Relation of Informant: Friends and Children
Commissioner of the Revenue G.F. Perry
Date Record: Files Between 1883 and 1896

James married Mary Frances (Franky) Neel. Mary (daughter of Alexander Neel and Missouri Caroline Kidd) was born ca 1808, Virginia; died Aft 1860, Tazewell Co. VA; was buried , Burress Cemetery, Grapefield Bland Co. VA. [Group Sheet]

1. William H. (Billy) BURRESS was born Abt 1832, Tazewell Co VA; died Bef 28 May 1903, Pounding Mill, Tazewell Co. VA.
2. Thomas J. Burress was born ca 1834, Virginia; died Aft 1880, Tazewell Co. VA.
3. George Washington Burress was born Mar 1837, Tazewell Co. VA; died 07 Aug 1916, McDowell Co. WV.
4. James R. Burress was born ca 1838, Tazewell Co. VA; died Bef 1865, Bland Co. VA.
5. Margaret Burress was born ca 1845, Tazewell Co. VA.
6. Julia Burress was born ca 1846, Tazewell Co. VA.
7. Rebecca Jane BURRESS was born ca 1844, Virginia; died Bef 1880, Tazewell Co. VA.
8. John W. Burress was born ca 1848, Tazewell Co. VA; died 02 Jan 1920, Tazewell Co. VA; was buried , Maple Hill Cemetery, Bluefield Tazewell Co. VA.
9. Wiley Burress was born ca 1850, Tazewell Co. VA.
10. Benjamin Rush Burress was born 30 Sep 1857, Tazewell Co. VA; died 01 Apr 1937, Tazewell Co. VA; was buried , Maple Hill Cemetery, Bluefield Tazewell Co. VA.

James married Polly Cox 05 Nov 1871, Tazewell Co. VA. Polly was born ca 1833, Floyd Co. VA. [Group Sheet]

Notes:

Married:
Tazewell County Marriage Register 3; Page 34; Line 80

Husband's Name: James Burress
Husband's Age: 58
Husband's Birthplace: Montgomery County, Virginia
Husband's Residence: Jeffersonville, Virginia
Husband's Condition: Widowed
Husband's Father: Micajah Burress
Husband's Mother: Rachel Burress
Husband's Occupation: Farmer
Wife's Name: Polly Cox
Wife's Age: 38
Wife's Birthplace: Floyd County, Virginia
Wife's Residence: Jeffersonville, Virginia
Wife's Condition: Widowed
Wife's Father
Wife's Mother
Marriage Date: 15 November 1871
Marriage Place: Tazewell County, Virginia
Performed By: William H. Kelly

Notes:

CENSUS RECORDS

1810 United States Federal Census
Name: Micajah Burris
Home in 1810 (City, County, State): Montgomery, Virginia
Free White Persons - Males - Under 10: 2
Free White Persons - Males - 10 thru 15: 1
Free White Persons - Males - 26 thru 44 : 1
Free White Persons - Females - Under 10: 4
Free White Persons - Females - 10 thru 15: 1
Free White Persons - Females - 26 thru 44: 1
Number of Household Members Under 16: 8
Number of Household Members Over 25: 2
Number of Household Members: 10

1820 United States Federal Census
Name: Marjah Burass [Micijah Burress]
Home in 1820 (City, County, State): Lebanon, Russell, Virginia
Enumeration Date: Augus 7, 1820
Free White Persons - Males - Under 10: 4
Free White Persons - Males - 16 thru 18: 1
Free White Persons - Males - 16 thru 25: 1
Free White Persons - Males - 45 and over: 1
Free White Persons - Females - Under 10: 3
Free White Persons - Females - 10 thru 15: 2
Free White Persons - Females - 16 thru 25: 2
Free White Persons - Females - 26 thru 44: 1
Free White Persons - Females - 45 and over : 1
Number of Persons - Engaged in Agriculture: 2
Number of Persons - Engaged in Manufactures: 1
Free White Persons - Under 16: 9
Free White Persons - Over 25: 3
Total Free White Persons: 15
Total All Persons - White, Slaves, Colored, Other: 15

1830 United States Federal Census
Name: Micajah Burreps [Micajah Burress]
Home in 1830 (City, County, State): Russell, Virginia
Free White Persons - Males - 5 thru 9: 1
Free White Persons - Males - 10 thru 14: 1
Free White Persons - Males - 50 thru 59: 1
Free White Persons - Females - 5 thru 9: 1
Free White Persons - Females - 50 thru 59: 1
Free White Persons - Under 20: 3
Total Free White Persons: 5
Total - All Persons (Free White, Slaves, Free Colored): 5

1840 United States Federal Census
Name: Macojak Burrows [Micajah Burress]
Home in 1840 (City, County, State): Russell, Virginia
Free White Persons - Males - Under 5: 1
Free White Persons - Males - 60 thru 69: 1
Free White Persons - Females - Under 5: 2
Free White Persons - Females - 30 thru 39: 1
Free White Persons - Females - 60 thru 69: 1
Persons Employed in Manufacture and Trade: 1
No. White Persons over 20 Who Cannot Read and Write: 1
Free White Persons - Under 20: 3
Free White Persons - 20 thru 49: 1
Total Free White Persons: 6
Total All Persons - Free White, Free Colored, Slaves: 6

1850 United States Federal Census
Name: Micajah Burress
Age: 73
Birth Year: abt 1777
Birthplace: Virginia
Home in 1850: District 54, Russell, Virginia
Gender: Male
Family Number: 491
Household Members:
Micajah Burress 73
Elizabeth Burress 46
Tempers Burress 12
Jane Burress 9
Rachel Burress 5
Henry A Burress 4
Sidney Burress 0

MILITARY SERVICE RECORDS

[Note: This is not confirmed to be the Micajah Burress of Russell Co. VA]

War of 1812 Service Records, 1812-1815
Name: Micajah Burress
Company: 4 REGIMENT VIRGINIA MILITIA.
Rank - Induction: DRUMMER
Rank - Discharge: DRUMMER
Roll Box: 30
Microfilm Publication: M602

[Note the following information is from Michell Burress's research
http://trees.ancestry.com/tree/34501338/person/18651022792]

PERSONAL PROPERTY TAX LISTS

Montgomery County 1791-1809

1797 14 Mar Montgomery County, Virginia

List of taxed property within district of James Hoge. Micajah Burris 1 males above 16, 1 Horse

1798 Montgomery County, Virginia

List of taxed property within district of James Hoge. Micajah Burress - 1 male 16+; 1 Horse; Amount of tax .9

1799 Montgomery County, Virginia

List of taxed property within district of John Hoge. Micajah Burress - 1 male 16+, 1 Horse, Tax .12

1800 10 Mar Montgomery County, Virginia

List of taxed property within district of John Hoge. Micajah Burress - 2 male 16+, 1 Horse, Tax .12

1801 1 Apr Montgomery County, Virginia

List of taxed property within district of John Hoge. Micajah Burress - 1 male 16+, 1 Horse, Tax .11

1802 16 Mar Montgomery County, Virginia

List of taxed property within district of John Hoge. Micajah Burress - 1 male 16+, 0 Horse

1803 20 Mar Montgomery County, Virginia

List of taxed property within district of John Hoge. Micajah Burress - 1 male 16+, 0 Horse

1804 13 Mar Montgomery County, Virginia

List of taxed property within district of John Hoge. Micajah Burress - 1 male 16+, 1 Horse, Tax .12

Estate Sale Purchase

1804 18 Jun Montgomery Co., Virginia

Philip Hevner estate which was appraised on June 18, 1804 and at the estate sale, hatter's implements were purchased by Micajah Burress.

1805 15 Apr Montgomery County, Virginia

List of taxed property within district of John Hoge. Micajah Burress - 1 male 16+, 1 Horse, Tax .12

1806 Mar Montgomery County, Virginia

List of taxed property within district of John Hoge. Micajah Burress - 1 male 16+, 2 Horse, Tax .24

1807 11 May Montgomery County, Virginia

List of taxed property within district of John Hoge. Micajah Burress - 1 male 16+, 2 Horse, Tax .36

1809 Montgomery County, Virginia

List of taxed property within district of John Hoge. Micajah Burress - 1 male 16+, 0 Horse, Tax .12

RUSSELL COUNTY PERSONAL PROPERTY TAX LISTS

1821 23 Apr Russell County, Virginia
Amount of Tax 13 1/2

1824 Russell County, Virginia

Micajah Burress :: (Males over 16 ) 1 (Number of Mares and Colts) 2 (Amount of Tax) $0.24

COURT RECORDS

Russell County Law Order Book Book 10 Page 139

May 10th and 31st 1834

At a court called and held for Russell County at the court house on Saturday the 31st day of May 1834 for the trial of the complaint of William Nash against Michajah Burress, Defendant for unlawfully and againt the consent of the complaintant holding from him possession of a certain tenament containing by estimation 20 acres of land with the appurtance lying and being in the county of Russell. Present John Jasper and John Senell, gentlemen justices. This day came as well the plaintiff by his attorney as the defendant in his proper person, and a jury well selected by lot to wit: Lsarah Fuller, Jacob Tool, John Kizer, James Jasper, Samuel E. Gilmore, William Gibson, James Gilmore, John Browning, Archer Jesper, Leonard Shoemaker, John Grey, and Samuel Whitsell who having been sworn to by weather the defendant against the consent of the plaintiff holds possession of the tenement mentioned in the compmlaint filed in this cause weather the said defendant hath so hold possession thereof against the consent of the plaintiff for 3 years next before the exhibition of the said complaint, and weather the plaintiff hath the right of possession in the tenament aforesaid, and to find a true verdict thereon according to the evidence, and having retired from the bar after some time returned into cour with a verdict in these words "We the jury find that the defendant did at the time of the exhibition of the compmlaint filed in this court, hold possession of the tenametn therein mentioned against the consent of the plaintiff, that the defendant hath not so held possession thereof against the consent of the plaintiff for 3 years next before the exhibition of said complaint and that the plaintiff hath the right of possession in the tenement aforesaid" Therefore it is considered by the court that the plaintiff recover against the defendant his ??? by him in this behalf expended whereupn the plaintiff pays a writ to the sheriff of Russell County to be disacted??? to cause him to have possession of the tenement aforesaid, and to him it is granted, returnable here at the next july term. John Jesper.

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Micajah Burress and Elizabeth Francis on March 1849 in the Russell County Law order book 12 page 200, for Lewdness

WILL AND PROBATE RECORDS

Source: Russell County Law Order Book; Book 12 Page 448

Tuesday August 3, 1852

For reason appearing to the court, the estate of Micajah Burress, Dec'd is committed to the hands of the Sheriff of this county to be by him adminstracted according to law.

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Source: Russell County, Virginia Will Books Vol 6 Page 383 & 511

Date: 13 Aug 1852

An Inventory of Micajah Burress' Estate

We the undersigned appointed by the County Court of Russell County do appraise in current money the personal estate of Micajah Burress do appraise the following property to the following prices to wit: 1 axe and wedge - 50 cent; 1 pair wool cords - 25 cents; 5 bushels of corn - $1.25; 2 books - 50 cents; 1 iron - $1.50; 1 bell - 50 cents; 1 cow and 1 calf - $17.50; 1 yearling - $5.00; 1 lot of corn in the field - $7.50. Given under our hand this the 13th day of August 1852. George C. Gose, Martin Firaly, Andrew Firaly, Isaac Vermillion, S.R.C. This inventory and appraisment of the estate of Micajah Burress, deceased, was returned to the clerks office of Russell Co on the 18th day of August, 1852 and admitted to record. James P. Carrell, C.R.C.

Sale Bill of Estate of Micajah Burress, deceased which estate was committed to the Sheriff by an order of the county court of Russell at the July term 1852. James Mammon, Doctor: 1 pair wool pants - 25 cents; 1 bible - 30 cents; Andrew Willy, Dr: 1 book - 25 cents; 1 yearling - 5.12 cents; Ibby Jackson, Dr: 1 large iron - $1.00; George Gose, Dr: 1 axe & Wedge; John Wright, Dr: 1 large kettle and hanger - $1.00; Martin Firaley, Dr. - 1 lot of corn in the field - $7.35; 1 cow and calf - 18.85; 5 bushels of corn - $1.25; Andrew Farley, Dr: 1 bell - 50 cents; Total - $36.58 Isaac Vermillian, SRC

August 13, 1852

This sale bill of the estate of Micajah Burress, dec'd was returned to the clerks office of Russell County on the 18th day August 1852, and admitted to record. James Carrell CRC.

Russell County, Virginia Will Book Vol 6 Page 511 Russell County

Statement of the Estate of Micajah Burress

The account of Isaac Vermillion, administrator of Micajah Burress being before me for settlement and having advertised according to law the following statement thereof is presented: Amount of sale - $36.58. Claims allowed on the estate: Fees of administration due to court - $2.25; For due compensment for settlement and clerk recording - $1.20; Tax ticket due the sheriff - $4.20; Allowance to adminstrator for personal service - $5.00; Dickerson Adderson and Co. for buying clothes saving? a fund to be applied rate??? - $2.50; To the payment of other claims of $21.43. Other claims allowed as follows: Andrews family's account - $2.90. Note executed to Napoleon B. Gray and George H. Gray and Interest $30.16; George Gose's account - $2.00; Balance of note of Dickerson Adderson and Company - $20.44. Total Debt - $55.50. All of which is respectfully reported, given under my hand, this 10th day of January 1854,

At Russell Court February 1854 James P. Carrell, Commissioner; This settlement of the adminstration accounts of Isaac Vermillion on the estate of Micajah Burress deceased, was reported to the court and then being no exception there to it is ordered that the same be recorded. James P. Carrell, C.C.

NOTES ON ELIZABETH FRANCIS

Was she the second wife of Micajah Burress? Here are the clues in the records:

Micajah Burress and Elizabeth Francis on March 1849 in the Russell County Law order book 12 page 200, for Lewdness.

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1850 US Census for Russell Co. VA District 54:
Living in household with Micajah Burress 73; Elizabeth Burress 46; Tempers Burress 12; Jane Burress 9; Rachel Burress 5; Henry A Burress 4; Sidney Burress 0

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Russell County VA Law Order Books 12 Page 451
4 Aug 1852

Upon the information of Joseph Counts one of the overseers of the poor, it is ordered that the children of Widow Burress and of Sally Holly who are ??? (panders, not sure what is says) be bound to some ??? persons according to law.

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Facts from the records:

1. Micajah and Elizabeth were living together in 1849.

2. There was an Elizabeth Burress living with Micajah according to the 1850 census. Could she be a daughter or a daughter-in-law living with him?

3. Micajah's estate sale was completed by August 13, 1852, and the "Widow Burress'" underage children were bound out to a legal guardian.

Interpetation:

So it is likely they had married after the lewd conduct charge since there was a Widow Burress, and evidently they had lived together for a while as the oldest child in the household was 12 years old.

Women didn't have the legal right to sole custody of their children who were under the age of 21. In the 1850 Census the children living with Elizabeth and Micajah were Tempers Burress age 12; Jane Burress age 9; Rachel Burress age 5; Henry A Burress age 4; Sidney Burress less than 1 year old.

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Discussion From The Internet:

From Michelle Burress

Conversation I had with another researcher on Genweb

Have a Indictment for Micajah Burress and Elizabeth Francis on March 1849 in the Russell County Law order book 12 page 200, for Lewdness. Assuming this was because they were living together without being married. I know a few researchers assume in the 1850 census that perhaps Micajah was living with a daughter in law, Elizabeth, and the children listed were his grandchildren. Now I'm wondering if this is true. I have never found any record for the children as burress's other then the 1850 census. I think those children must have been Elizabeths from a previous marriage. Does anyone have any thoughts about this?"

Michelle

Posted by: Tara Maggard (ID *****3045)Date: June 15, 2006 at 07:03:27In Reply to: Micajah Burress Russell County Inditment by Michelle Burress of 497

1850 Russell Co VA Census
# 491 Micajah Burress 73 M Hatter Bedford Co. VA
Elisabeth 46 F North Carolina
Tempus 12 F Russell Co. VA
Jane 09 F Russell Co. VA
Rachel 05 F Russell Co. VA
Henry A. 04 M Russell Co. VA
Sidney 1/12 M Russell Co. VA

"I believe the children listed in the 1850 Russell Co VA Census had to be Micajah's children with Elizabeth Francis. I'm thinking the only way to prove "lewdness" in court is to show that there were children being born to the couple outside of marriage.

It's not inconceivable for an older man to have had kids...in fact, several spry old men in my family who would have been thought to be too old took teenage wives after their first or second wives head died and sired families up into their late 60's.

Following are the only Burris' in the 1860 Russell Co VA Census (GenForum removes tab spaces, so sorry for the awful formatting):

1860 Russell Co VA Census
# 1416 Judith Fraley 38 F Seamstress $10 ____
Duff 04 M ____
Patsy Burriss 53 F Spinner ____

Could Elizabeth Francis have been a "Martha Elizabeth" nicknamed Patsy?

1860 Russell Co VA Census
# 1300 David Jessee 39 M Farmer $2280 / $1027 ____
Hannah A. 30 F ____
John S. 10 M ____
Cyntha C. 07 F ____
Sarah V. B. 04 F ____
Thomas WILSON 20 M ____
Jane BURRIS 17 F ____

1860 Russell Co VA Census
# 1116 Isaac Muncy 64 M Farmer $3000 / $468 ____
Patsey 60 F ____
Henry BURRIS 14 M ____

1860 Russell Co VA Census
# 217 Henry S. Musick 26 M farmer $25 ____
Eliza Ann 21 F ____
Richard B. 01 M ____
Sidney BURRIS 07 F ____

My guess is that you'll probably eventually find a court order to "bound out" the children to other homes after Micajah's death.

Posted by: Michelle Burress (ID *****4996)Date: June 17, 2006 at 07:15:17In Reply to: Re: Micajah Burress Russell County Inditment by Tara Maggard of 497

Also, did write down the entry in the court records. It was hard to read, but as follows:

Law Order book 12 page 451 August 4 1852.

Upon the information of Joseph Counts one of the overseers of the poor, it is ordered that the children of Widow Burress and of Sally Holly who are ??? (panders, not sure what is says) be bound to some ??? persons according to law.

Now, I'm not clear, but I would guess the Widow Burress would be Micajah's widow Elizabeth. The Chilren of Widow Burress and of Sally Holly, doesn't make since except that perhaps the first name isn't Sally and it just looks that way in the writing - could be man Sal maybe? I could only write this down and not make a photo copy of the record when I was in the courthouse, so I can only go by what I wrote unfortunately. Any thoughts?

Michelle

Posted by: Tara Maggard (ID *****3045)Date: June 17, 2006 at 13:37:15In Reply to: Re: Micajah Burress Russell County Inditment [sic.] by Michelle Burress of 497

I've seen in Russell Co VA records where often several women are listed in the same "binding out" order. I don't think Sally Holly was in any way related to the Burress family, but rather was just in court the same day as the Widow Burress was. Sounds like Micajah ended up making an honest woman of Elizabeth Francis, huh? With first wife Rachel still living up to 1855 over in Pike Co KY, my best guess is that she and Micajah were divorced before 1850 and he became lonely and lived with Elizabeth Francis for a time before maybe eventually marrying her.

---------------------------

It's also possible these children belonged to Elizabeth from another marriage, and were not Micajah's and that they are only listed as his under the census as they were all living together. I have seen that happen many times before. There are really no trace of these children after this time so I'm assuming they all had a different name.


Birth:
Possibly born in Bedford Co. VA

Micajah married Rachel McCoy 20 Oct 1795, Montgomery Co. VA. Rachel was born ca 1779, Montgomery Co. VA; died 05 Jun 1855, Pike Co. KY. [Group Sheet]

Notes:

CENSUS RECORDS

1810 United States Federal Census
Name: Micajah Burris
Home in 1810 (City, County, State): Montgomery, Virginia
Free White Persons - Males - Under 10: 2
Free White Persons - Males - 10 thru 15: 1
Free White Persons - Males - 26 thru 44 : 1
Free White Persons - Females - Under 10: 4
Free White Persons - Females - 10 thru 15: 1
Free White Persons - Females - 26 thru 44: 1 [Rachel]
Number of Household Members Under 16: 8
Number of Household Members Over 25: 2
Number of Household Members: 10

1820 United States Federal Census about Marjah Burass
Name: Marjah Burass [Micajah Burress]
Home in 1820 (City, County, State): Lebanon, Russell, Virginia
Enumeration Date: August 7, 1820
Free White Persons - Males - Under 10: 4
Free White Persons - Males - 16 thru 18: 1
Free White Persons - Males - 16 thru 25: 1
Free White Persons - Males - 45 and over: 1
Free White Persons - Females - Under 10: 3
Free White Persons - Females - 10 thru 15: 2
Free White Persons - Females - 16 thru 25: 2
Free White Persons - Females - 26 thru 44: 1
Free White Persons - Females - 45 and over : 1
Number of Persons - Engaged in Agriculture: 2
Number of Persons - Engaged in Manufactures: 1
Free White Persons - Under 16: 9
Free White Persons - Over 25: 3
Total Free White Persons: 15
Total All Persons - White, Slaves, Colored, Other: 15

1830 United States Federal Census
Name: Micajah Burreps [Micajah Burress]
Home in 1830 (City, County, State): Russell, Virginia
Free White Persons - Males - 5 thru 9: 1
Free White Persons - Males - 10 thru 14: 1
Free White Persons - Males - 50 thru 59: 1
Free White Persons - Females - 5 thru 9: 1
Free White Persons - Females - 50 thru 59: 1
Free White Persons - Under 20: 3
Total Free White Persons: 5
Total - All Persons (Free White, Slaves, Free Colored): 5

1840 United States Federal Census
Name: Macojak Burrows [Micajah Burress]
Home in 1840 (City, County, State): Russell, Virginia
Free White Persons - Males - Under 5: 1
Free White Persons - Males - 60 thru 69: 1
Free White Persons - Females - Under 5: 2
Free White Persons - Females - 30 thru 39: 1
Free White Persons - Females - 60 thru 69: 1
Persons Employed in Manufacture and Trade: 1
No. White Persons over 20 Who Cannot Read and Write: 1
Free White Persons - Under 20: 3
Free White Persons - 20 thru 49: 1
Total Free White Persons: 6
Total All Persons - Free White, Free Colored, Slaves: 6

1850 United States Federal Census
Name: Rachel Burry [Rachel Burress]
Age: 73
Birth Year: abt 1777
Birthplace: Virginia
Home in 1850: Pike, Kentucky
Gender: Female
Family Number: 653
Household Members:
Wm McCoy 39
Mary McCoy 30
Elizabeth McCoy 12
Pleasant McCoy 10
James H McCoy 9
Rachel J McCoy 7
Careless McCoy 5
Anderson McCoy 3
Robert McCoy 1
Rachel Burry 73 [Burress]
David Buress 40

Died:
Kentucky, Death Records, 1852-1953
Name: Rachel Burris
Death Date: 15 Jun 1855
Death Location: Pike
Residence Location: Pike
Gender: Female
Birth Location: Pike
Father's Name: Not Name

Pike County, Kentucky Death Records
Rachel Burris, 74 years, single, died: 15 June 1855; Birth Place; Pike County Kentucky, Parents: Not Known; Cause: Cold

Note from Michell Burress: In the 1850 census Rachel is listed in the household of William McCoy, who married Mary Ann Burris April 24, 1837 with the consent of Rachel Burris, her mother. Also the 1850 census lists Rachel as being 75 years old and her birth place as Virginia.

Notes:

Divorced:
They separated between 1840 and 1850. Unsure if they had actually divorced. Rachel was living with her daughter in Pike Co. KY in 1850. By 1850 Micajah was living with Elizabeth Francis. In 1849 Micajah and Elizabeth were in court and fined for lewd behavior. After the estate sale in 1852 after Micajah's death Elizabeth is referred to the "Widow Burress."

Since Rachel died in 1855, if Micajah married Elizabeth, he would have been a bigamist. More than likely Micajah and Elizabeth may have said they had married, but didn't in order to avoid more charges of lewd behavior of living together without being married.

The 1850 Russell Co. Census shows Micajah and Elizabeth had children ages 12 to less than one year. Perhaps his affair with Elizabeth led to Rachel's moving in with her daughter in Pike County.



Married:
Annals of southwest Virginia, 1769-1800
Mongtomery County VA, Minutes of the County Court 1777 to 1800

1795 Oct 20 Groom: Michajah Burress Bride: Rachel McCoy
Miniter: Edw Morgan

Virginia, Marriages, 1660-1800
Name: Rachel Mccoy
Spouse: Micajah Burrus
Marriage Date: 13 Oct 1795
Marriage Location: Montgomery County, Virginia
[Note: this could be for the marriage bond, not when they were married.]