Louisa Elizabeth (Eliza) PACK

Other Events:

• _UID: 1E0FE4CDCBDA40119C7B3CC578BBE4B0B3A4

Notes:

She was called Aunt Lize. Lived near John R. Pack in a one room cabin. Had many cats and talked to herself. Believes her divorce was over her being mistreated or over husband wanting her money and land. (From Nancy Whitaker Tate)

CENSUS RECORDS

1870 United States Federal Census
taken on 29 Aug 1870; Page 297B; Family #585
Name: Eliza Pack
Age in 1870: 14 [4]
Birth Year: abt 1856 [1866]
Birthplace: Virginia
Home in 1870: Maiden Spring, Tazewell, Virginia
Race: White
Gender: Female
Post Office: Knob
Household Members:
Fleming Pack 35
Rebecca T Pack 30
Levi Pack 7
James Pack 9
William Pack 5
Eliza Pack 4
John Pack 1

1880 United States Federal Census
Name: Louisa Pack [Eliza]
Age: 18
Birth Year: abt 1862
Birthplace: Virginia
Home in 1880: Maiden Spring, Tazewell, Virginia
Race: White
Gender: Female
Relation to Head of House: Daughter
Marital Status: Single
Father's Name: Fleming Pack
Father's Birthplace: Virginia
Mother's Birthplace: Virginia
Occupation: Keeping House
Household Members:
Fleming Pack 40
Eliza Pack 18
Leova Pack 16
William Pack 12
John Pack 10
Margret Pack 7

1900 United States Federal Census
Name: Lueyra Pack [Eliza]
Age: 32
Birth Date: Nov 1867
Birthplace: Virginia
Home in 1900: Big Creek, McDowell, West Virginia
Race: White
Gender: Female
Relation to Head of House: Daughter
Marital Status: Divorced
Father's Name: Flemmers Pack [Fleming]
Father's Birthplace: Virginia
Mother's Birthplace: Virginia
Household Members:
Fleniners Pack 64
Liza Pack 32
James Pack 9
Mandy Buster 44 [servant, but was her aunt Amanda Pack]
Crocket Buster 18 [laborer, but was her cousin]
Matilda Buster 15 [help, but was her cousin]

1920 United States Federal Census
Name: Eliza Pack
Age: 52
Birth Year: abt 1868
Birthplace: West Virginia
Home in 1920: Maiden Spring, Tazewell, Virginia
Race: White
Gender: Female
Relation to Head of House: Head
Marital Status: Divorced
Father's Birthplace: Virginia
Home Owned: Rent
Able to Read: No
Able to Write: No
Household Members:
Eliza Pack 52


OBITUARY

Bluefield Daily Telegraph; 6 February 1938

Impressive last rites were held Wed afternoon for Mrs. Elizabeth Pack. 78 year old Baptist Valley lady, who died instantly in the morning at the home of a nephew, Brooks Pack. Mrs. Pack was born In McDowell county on March 18, 1861, and moved to this community when a young girl. Surviving are two brothers, John R. Pack, of Cedar Bluff, and William Pack, of War, W. Va., and one sister, Mrs. Maggie Dennie, of Finwick. W. Va. The Rev. Herman Lovelace officiated at the services. Interment took place In the family cemetery near the Pack home.

STORY

Story by Georgia Mansfield says the second wife, also named Rebecca, died of Consumption (Tuberulosis)

Note: Georgia Maude Quesenberry Maxfield, an 80 year old Tazewell resident (deceased), has written these recollections of early Tazewell County life as told to her by her great-grandmother and her grandmother. Her Recollections appeared in the Tazewell Newspaper sometime in the early 1980's. Georgia was the daughter of George & Mary Frances Burress Quesenberry. Collected by Michelle Burruss

Little Liza Pack Eases Her Ailing Stepmother's Worries

Now along about this time, Sarah's brother Flemming Pack had grown up, fallen in love, and married a beautiful frontier woman name Becky Hoback. [Actually it was Recebba Burruss] Flem was a good sized man, and he dearly loved his Becky, but love alone was not enough to stop the deadly typhoid fever that took her young life. No one could put a name to the immense sorrow Flem endured while mourning the loss of Becky, but his was doing nothing to find a mother for three kids. Flem then turned his interest to finding a new wife, which didn't take long.

This wife, too, was young and pretty, and her name was Becky Jones. She and Flem endured many hardships, and presently they had two children of their own, bringing their family total to five. Now, believe me, life in those days was a trail in itself - long, cold, dark winters without much to eat at any one given time. Their cabin was not only small and drafty, but it was damp. It sat on the banks of what was a great river.

The way grandmother told it, it was much larger then, it was the almighty Clinch River. The fog off that river could bring a chill clean to the bones. Such was the case with Flem and Becky the second. While Flem worked at the sawmill somewhere between Cliffield and Pounding Mill, work of any kind was hard to come by. There were no roads except dirt roads, and no railroad until many years later in 1905. Even though Flem worked very hard at the mill and Becky worked hard at home, there came a time when things began to change at home. At first, cousin Flem thought it might be possible that Becky was beginning to resent his children by his first marriage.

Now Flemming Pack was a man of few words. He was quiet even to the point of shyness. When the men teased him about it, he'd just laugh and say that was how he got his women. But he began to study in his own mind if he was really right.

One warm, clear evening, he took a walk in the woods looking for wild game, and he thought, "Self, let us study this thing about a while and see what turns about." So that night, instead of falling asleep straight away as usual, he just pretended to sleep. When young Becky's didn't come in to bed right away, Flem called out, "Becky, what are you doing? Are you coming to bed?" Becky replied, "I'll be there shortly, I'm sewing." After a long while, Flem heard no sound. He slipped out of bed and looked around the door, only to find Becky asleep, with her head lying on the hard, homemade table. Flem just let her sleep for a long while.

Becky slept this way until along toward morning, when Flem decided it was time to get her to bed without her finding out he had known she was asleep. He pretended to put wood on the fire, dropped a log with a loud bang, and Becky stated awake and came running.

"I'm sorry about the noise," he said, hugged her close, and carried her off to bed, pretending not to notice the time. No sooner had he started to go to sleep than Becky started to cough, softly at first, then profusely.

The next morning, Flem asked her how long she had been doing this. "Oh," Becky sighed, "for a long time now..." Her neglect of the children was not of any one child. Instead of washing them herself and dressing them, she began to tell them to go wash up and dress themselves. This was beginning to get to Flemming. The next day being Friday, after work was over, instead of riding straight home, he said down on the porch of the mill. A big man called Irish stopped and asked, "What's eatin' ye?" Flem told his best friend how Becky had been acting. Irish sucked on his corn cob pipe and allowed that something wasn't clicking just right, so if it was okay with Flem, he and his Mandy would pay them a visit on Sunday. They had to come from Pounding Mill Branch, a long way by horse and wagon.

Come Sunday, Becky was excited at the thought of company, and hurried to do her chores. Flem noticed a slight stoop in her shoulder as he tried to hurry with all her might, every few mintues stopping to cough.

Around noon, the red-headed Irishman and his blond, blue-eyed Mandy came calling on Flem and Becky. As the lunch drew to a close, the talk grew less and less, and Flem allowed as how he would like to show Irish some animals outside. While the women washed the dishes, Becky stopped and went to the window. Looking out at the men, she began to cry softly. Now this was a little more than Mandy Irish could take, so big Mandy took Becky in her arms and held her close. Mandy could feel the rattle in Becky's body, just above the waist. "Becky, Flem told Irish how you've been coughing all night." Mandy said. Becky tried in vain to deny it. Mandy walked over to the double bed, pulled down the double wedding ring quilt top, and said, "Now Becky, look at these bleached pillow cases. I guess you've been carrying strawberries in these cases in October. Is these red and brown spots anything but from your mouth at night?" finished Mandy, pointing to the bright red stains on Becky's pillow only. Becky's face was a grayish white. She just stook and looked at Mandy speechlessly. Mandy asked, "How long have you been staining your pillow?" "Oh, a couple of weeks or so, I guess. After a while, I just didn't pay any attention," answered Becky.

Mandy hugged her. "If you stay wrapped up and don't do hardly any work - you'll have to stay in the house when it gets colder - you just may get to see the spring come." Mandy smiled trying to make Becky feel better. Becky began to cry, "Oh Mandy, whatever will become of Flem? He's lost one Becky, that nearly killed him, and now it's my turn. I feel so guilty. I told him I would raise his children when we were married." Mandy held her tight, "it's this darn river" she said. Both were unaware of the three pointed little faces peering around the door. There were Flem's children. His and Becky's were asleep.

The late fall sunshine made halo's around the blonde heads of the children. The oldest was 12 year old Liza, who promptly spoke up. "Mommy Becky, please don't cry. I will take care of Poppy till as long as he lives."

Mandy and Becky turned around to face them. Becky grabbed Liza by the arm. "Will you swear on the Bible to always put your father first? Oh, Liza, if only I knew you would I could die in peace." "Becky," scolded Mandy, "The Bible!" By this time Becky had gotten the Bible off the mantelpiece. "Yes, the Bible," whispered Becky. "Becky, that's not fair to Liza," objected Mandy. "It's all right," said Liza, placing her hand on the Bible, "I swear by this Bible and all that's holy to look after my Poppy as long as he lives," said Liza. Then, turning to Mandy, she asked, "What's wrong with Mommy Becky?"

Mandy sat down in the bark bottom chair. "Oh my child," she said, taking Liza on her lap. "Your momma is dying of comsumption. The wealthy folk call it tuberculosis, but no matter anyway, there's still no cure, for it's deadly. It always kills those afflicted with it. We couldn't cure it, even if we could find a doctor," said Mandy. Now Mandy and Becky were both God fearing Christians. Irish and Flem came in about that time, they had heard the whole thing. Flemming hugged Becky to his chest. Little Liza patted both their hands, "It'll be all right, Poppy."

"Now, now," said Irish. "It mightn't be all that bad as we think. Any howsomever, we can pray. God always has a way with sickness," he finished, hanging his head to hide the tears.

---------------------
Flemming Pack Loses Another Wife

For the second time in young Flemming Pack's life, God didn't take a hand. As fall wore on into winter, the mill shut down, and poor Becky grew worse and worse. By Christmas it was all Becky could do to put a meal on the table, even with Liza's help.

Shortly after New Year's she could no longer leave her bed, except when Flem would pick up her bony little frame and sit it in the big chair he had made for her by the fireplace. One day Becky said to Flem, "Flemming, I'm truly sorry to take so much of your time." Flem bowed down on his knees in front of Becky, laid his head in her lap for just a moment, and cried softly. When he raised his head he smiled at Becky and said, "Becky, you know what I was thinking?" I know you are sick but I will have you. What I mean is, I was down at the store this morning, and Thacker and the others said them devilish Indians got two more white women yesterday, that's what they said," finished Flem. "They left by way of Roark's Gap again, too."

Becky said, "I guess my sickness is a blessing in disguise. I'd rather be dead than to have to endure what those women are going to go through."

Time went very fast from then on. One day in early spring, the sun came in so warm that Becky asked Flem to take her outside, as she believed spring had broke. He carried her out to the big oak tree and propped her up on her quilt with pillows. She saw robins, read birds, and blue jays busy building nests, a couple of squirrels, and their faithful old crows that always built a nest across the river in the tall sycamore. Liza and the other four little children picked dandelions and violets by the bunch and brought them to Becky.

"Flem," said Becky, "Do you see that little sycamore where the land is level? Please bury me there, put these flowers on my grave, and bring me that square green stone down by the river for my head stone. I love you all." Becky started to cough badly. Now, by the time Flem could put her to bed there was no breath left in her. Becky the second was gone to meet her Maker.

Liza ran as fast as her young legs would carry her to the Irishes' place. All out of breath, she managed to say, "Aunt Mandy, Momma Becky's gone. Would you all please come over?" Mandy said she would, Irish went to tell the neighbors. By sundown, the older ladies of the community had Becky "all laid out" as it was called, which was to bathe and dress her in her best clothes and high top button shoes, and comb her hair. The men helped Flem to make her coffin of dressed poplar boards he had been saving up. He insisted on doing it mostly himself. They all stayed for the setting up all night, and buried her the next morning at sunrise in the flat under the sycamore. They placed the green stone at her head. All summer Flem worked hard gathering roots and herbs in the mountain to sell to a man who traveled in a covered wagon from community to community. He bought them as well as all the furs he could buy in the fall.

Now back in those days where West Virginia was all the way to Cedar Bluff, it was all Virginia wilderness. Flem made it through that winter after Becky had died, but when it came spring again and his children put flowers on her grave, it was a little more than he could take. He gave away everything that he could travel without, packed up his five young children, and set out for the high mountains of West Virginia. He went back far into the wilderness where the soil was good and black and built them a cabin. Flem and the children gathered herbs and roots all summer. That fall, he explained to the children he'd have to make a trip to Pounding Mill to sell their herbs and furs. Liza was now 13, and quite grown up. Cousin Flem said for her to take good care of the children and not let them go away from the cabin, for the moon would be big and full so they wouldn't be afraid, and he would be back some time the next day.

So that evening Liza made them a pot of corn meal mush for supper. They took their wooden spoons and sat down in the floor. Liza took their three legged iron pot off the fireplace and set it on the floor, so they ate this for supper. The iron pot was all the had to cook in, so when they were through eating they just left the iron pot on the floor. Now, cousin Flem hadn't gotten around to making a door to the cabin - he said he would when he got back - so they hung a homemade quilt over the door and they went to bed. Their beds were bunks framed to the wall and woven with rope or hickory bark.

Now it was getting dark. They pulled the covers up over their heads to sleep. All the children had gone to sleep a short time later, except for Liza. Out on the ease point of the ridge, just behind the house, Liza heard the gathering call of the well-known timber wolf. She listened intently. soon another and then another - they were close now, and she began to be afraid. She silently woke the children and put them on the top bunk and warned them to be quiet. They stuffed the cover into their mouths to make sure one wouldn't cry out. They next thing they knew, the leader of the pack came sliding under the quilt. It was a large gray wolf with a ruff around its neck. The another and another, until all five have come in.

Luck and God himself were with the children. The wolves didn't notice the children, they were intent on fighting over the pot, which luckily for all them turned over and rolled out the door, down the hill, and into the creek. Liza and the children jumped out of bed, turned the heavy homemade table over, and put it and everything else across the door.

Now as all this was taking place with the children, Cousin Flem was having a bad experience of his own. By the time he'd left Pounding Mill and gotten to Amonate, he could tell by the way his horse was acting, it kept shying and stopping and shivering, that they were being tracked by a predatory animal. So when he go to the top of the first mountain he saw his quarry, a large yellow panther.

It seemed to be jumping from tree to tree and bank to bank. This kept up for miles and miles, until the back horse was almost given out. They had arrived almost home, at the edge of the clearning, when the great panther jumped out of the tree to jump on Flem, but it missed him and clawed the hors's hinquarters badly. Flem jumped down, ran into the house, got his muzzle load gun, and killed the panther.

When Liza got up that morning, she had to go down the hill and get her pot, which had been licked clean by the wolves. So after Flem was told of their horrifying experience, he made them a heavy door to do until cold weather.

Grandma had been praying diligently, as had Cousin Ellie, that he would bring the children back out of the wilderness for the winter. Their prayers were answered. Flem brought them back to Pounding Mill and never took then back. He would go, but never again with the children. He went every summer and gathered as long as he was able. When he brought them back the first time, he bought a three acre farm with a three room house on it in what is now known as Baptist Valley.

Liza never stayed married. She had gotten married after Flem died, but her husband wanted here to will her land over to him. She wouldn't, and ran him off. Before this, you see, Liza had stayed single and true to her promise to Becky, she kept house for her poppy and younger brother Jim, until Jim grew up. When Flem died in his late fifties or early sixites, it was learned he had willed the land to Liza. Flem had willed Liza his Civil War pension as well as the land. He left his whole little life's savings to young Jim - it was $900. At that time, it was a lot of money.

---------------
A Cape Becomes a Coffin

Now, along about this time everywhere you would look there were posters and advertisements, every one just alike, "Go west, young man, go west." After Jim having talked it over with some of the older men in Pounding Mill, he decided this was the thing for him to do.

Second Cousin Jim Pack left on the No. 5 train headed west on April 30, 1905, taking his ring with him and leaving Grandma and the rest of the families weeping. They all felt sure they were never see him again. They prayed for many years - Grandma prayed on 'til the very day she died, but they never heard from young Jim again, at least not that we know of. The woman writing this was his second cousin born the next day after Jim left. Her real name is Maudie Georgia Quesenberry, but it was changed later to Georgia Maude Quesenberry. She married a Scotch-Irishman named Robert Nathan Maxfield. At this writing she is still living.

Liza Pack lived to be in her 70's. She stayed in what we know as Baptist Valley. She had a room or two added to the house, and raised a garden and corn for her hogs and cow. She also had a giant dog. He was a bloodhound, though we don't know how she came by it. Duke is what she called it.

Now, it was known that a wealthy farmer in the upper end of the valley tried to buy an acre of her land. They made the deal and he planted his corn on it, but he never paid her for it. When the corn got ripe, she politely took a sack and shocked it full of corn. Now, somebody told the gentleman, and he came running. He said she'd better not use his corn, and she told him that while that was the truth, he had never paid her for the land. He looked at her and departed, and that was the last of that.

Now in that valley there was a lot of young boys who passed her house a lot going fishing and other things. They would rock her house, break out her windows, tear down her gates, and a number of other things that weren't right. In time, Liza grew tired of this, and trained big Duke to really put them on the move. He'd bite them if he could, and tore their pockets off, and their sleeves, and Liza would just laugh. "Severs them right," she'd say. So Duke broke up the rocking.

Liza had plenty of clothes, but none like the beautiful black velvet cape lined with red satin. What made it more interesting is, clothes back then were usually made from gingham, percale, linen, calico, and flannelette. That cape certainly was not the thing a poor person would wear. As time went along, old Duke grew old and died. It was in the winter and the ground was frozen, so Liza dug a long, deep grave in an old shed where it was sheltered. She wrapped Duke carefully in the velvet and satin cape and buried him. This was much to the disgrace and shame of the family. They raised a row that could be heard that could be heard all around. My daddy (George M. Quesenberry) solved the problem by saying to Uncle Jim (Quesenberry) and Uncle Isom (Quesenberry) that it was Liza's cape, and he guessed she could do with it whatever she wanted.



Birth:
DOB according to 1900 census is Nov 1867, but her death certificate says 17 Nov 1858, but the newspaper article gives her birth date as March 18, 1861. Either she or her father gave the birth date to census taker in 1900, however, she gave her age as 27 on her 1890 marriage certificate which would make her YOB as 1863. Two sources agree her month of birth is November, and 1863 is more than likely closer to her birth year.

Died:
Virginia, Deaths, 1912-2014. Virginia Department of Health, Richmond, Virginia.
Name: Louisa Pack Beavers
Gender: Female
Race: White
Marital Status: Divorced
Age at Death: 79
Birth Date: 17 Nov 1858
Death Date: 30 Jan 1938
Death Place: Tazewell, Virginia
Cause of Death: Do doctor attended case, death caused by sudden heart attack
Registration Date: 2 Feb 1938
Father: Fleming Pack
Mother: Burrs [Burruss]
Spouse: Marion Beavers
Informant: J. R. Pack [John Riley]
Certificate Number: 1938002560

Louisa married Thomas Marion BEAVERS 15 Oct 1890, McDowell Co. W. Va.; divorced Bef 1898. Thomas (son of John BEAVERS, Jr. and Eleanor CHRISTIAN) was born 23 Jul 1867, McDowell Co., WVA; died 22 Mar 1951, McDowell Co., WVA. [Group Sheet]

Notes:

Married:
WV Vital Records: Marriage

Name on marriage record is T. Marion Beavers

http://www.wvculture.org/vrr/va_view.aspx?Id=11391336&Type=Marriage

Other Events:

• _UID: 01E1806ACC43493EAD2D6832EEDFA5256DEB

Notes:

CENSUS RECORDS

1850 United States Federal Census
Name: Fleming Pack
Age: 14
Birth Year: abt 1836
Birthplace: Virginia
Home in 1850: Western District, Tazewell, Virginia
Family Number: 1286
Household Members:
Jno Pack 45
Matilde Pack 40
Isham Pack 16
Fleming Pack 14
Crocket Pack 12
Trnsell Pack 10 [Tinsley]
Sarah Pack 8
Cynthia Pack 7
Wm Pack 5
Elenor Pack 3

1860 United States Federal Census
Name: Fleming Pack
Age in 1860: 23
Birth Year: abt 1837
Birthplace: Virginia
Home in 1860: Western District, Tazewell, Virginia
Gender: Male
Post Office: Knob and Cedar Bluff
Household Members:
Fleming Pack 23
Rebecca J Pack 23

1870 United States Federal Census
Name: Fleming Pack
Age in 1870: 35
Birth Year: abt 1835
Birthplace: North Carolina
Home in 1870: Maiden Spring, Tazewell, Virginia
Race: White
Gender: Male
Post Office: Knob
Occupation: Farm Laborer
Household Members:
Fleming Pack 35
Rebecca T Pack 30
Levi Pack 7
James Pack 9
William Pack 5
Eliza Pack 14
John Pack 1

1880 United States Federal Census
Name: Fleming Pack
Age: 40
Birth Year: abt 1840
Birthplace: Virginia
Home in 1880: Maiden Spring, Tazewell, Virginia
Race: White
Gender: Male
Relation to Head of House: Self (Head)
Marital Status: Widower
Father's Birthplace: Virginia
Mother's Birthplace: Virginia
Occupation: Farmer
Household Members:
Fleming Pack 40
Louisa Pack 18
Leova Pack 16
William Pack 12
John Pack 10
Margret Pack 7

1900 United States Federal Census a
Name: Fleniners Pack [Fleming]
Age: 64
Birth Date: Aug 1835
Birthplace: Virginia
Home in 1900: Big Creek, McDowell, West Virginia
Race: White
Gender: Male
Relation to Head of House: Head
Marital Status: Widowed
Father's Birthplace: Virginia
Mother's Birthplace: Virginia
Household Members:
Flemming Pack 64
Liza Pack 32
James Pack 9
Mandy Buster 44 [servant] his sister
Crocket Buster 18 [servant's son] nephew
Matilda Buster 15 [servant's daughter] niece

----------

Owned a lot of land around Berwind, WV. [See his second wife's will below and the court case from this land.] One his sons died as a child, and was buried under the water tank. (Source Ella Pack Whitaker) This could have been Levi. Older family members gave Jane Burress as another wife. She could have been this third wife, but this had not been confirmed, and I suspect they have her confused with his first wife, Rebecca J. [Jane ?] Burruss. First name is spelled Flemon in Tazewell County deeds and land transfers.

NEWSPAPER ARTICLES

Clinch Valley News; 28 October 1904

Mistake Corrected
Pounding Mill, Va.,
J. A. Leslie, Ed., Oct. 25, 1904.
Tazewell, Va.

Dear Sir;

I desire to correct a misstatement of J. F. Griffith published in your paper of the 21st. inst. Mr. Griffith states that Flem Pack was turned down at Pounding Mill, because he had failed to pay his capitation tax. This is not true. Mr. Pack was a good soldier and Is exempt from
the prepayment of his tax as a prerequisite to voting. Mr. Pack never has made application to register since
the 1st of January, 1904, at Pounding Mill. I would like for Mr. Griffith to give his author for the information he
obtained with regard to Mr. Pack.
Yours truly,
W C Williams
---------------

DEATH

Clinch Valley News; 12 Jan 1906

Flem Pack died at his home in Baptist Valley on Dec 1 at the age of 60 years.

DEEDS

Sale of Lands from Flemming Pack to William and Angeline Pack (1903) Transcribed by Cheryl Duke

THIS DEED made this 8th day of Sept. in the year one thousand nine hundred and three between Flemon (sic) Pack, parties of the first part, and William Pack & Angeline Pack, his wife, parties of the second part.

WITNESSETH That in consideration of the sum of One Hundred and fifty Dollars in hand paid the receipt whereof is hereby acknowledged for one tract of land hereafter described, the said Flemon Pack does grant unto the said William Pack and Angeline Pack with general warranty, all that certain tract or parcel of land lying and being in the County of Tazewell and State of Va., being a part of the home tract containing fifty acres more or less beginning at Moses Beavers' corner, running up the public road three hundred and 33 yards to a stake in middle of road; thence a due southerly course to the top of Sugar Camp Mountain; thence running with top of said Mountain to Moses Beavers' line and with said line to the beginning.

It is further stipulated in this deed that the said William Pack shall have this land during their life time and at their death it shall be the property of their children to have and to hold.

The said Flemon Pack covenant that he has the right to convey the said land to the grantee; that he has done no act to encumber the said land; that the grantee shall have quiet possession of the said land free from all encumbrances, and that the said party of the first part will execute such further assurance of the said land as may be requisite.

Witness the following signature and seal.

Flemon Pack (SEAL)

STATE OF VIRGINIA, COUNTY OF TAZEWELL, to-wit:

I, J. R. Sparks, a Notary Public in and for the County aforesaid, in the State of Virginia, do certify that Flemon Pack whose name is signed to the foregoing writing bearing date on the 8th day of Sept., 1903 has acknowledged the same before me in my County aforesaid.

Given under my hand this 8 day of Sept., 1903.

J. R. Sparks.

My commission expires March 11th, 1906.

VIRGINIA TAZEWELL COUNTY to-wit:

In the Office of Tazewell County Court the 9th day of Sept., 1903, This deed was presented and, with the certificates annexed, admitted to record.

Teste: T. E. George, Clerk.

A true copy.

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

Tazewell Co. VA Dee Book 53, page 190

Flemon Pack to William Pack.

THIS DEED made this March 22, 1904 between Flemon Pack of the first part and William Pack of the second part all of the County of Tazewell and State of Virginia, WITNESSETH That in consideration of One Dollar in hand paid, the receipt whereof is hereby acknowledged, the said party of the first part hath this day bargained, sold and conveyed. unto the said. party of the second part all that tract, lot or parcel of land lying and being in the County and State aforesaid on the south side of the County road between Baptist Valley and Cedar Bluff and known as a part of the Sheffey lands, adjoining a small tract of said Sheffey land conveyed to William Pack and Angeline, his wife, by deed from Flemon Pack, bearing date on Sept. the 8th, 1903, and containing 25 acres, more or less and bounded as follows - to?wit:

Beginning at a stake in the road 333 yards above Moses Beavers? corner and running with said road an easterly course a distance of 2.84 yards to a small white oak and a dead oak stmp (SIC) near the branch that crosses the road thence south to a marked chestnut oak on top of Sugar Camp Mountain and with the top of said mountain to a stake designated a corner between the lands of Flemon Pack and William Pack and Angeline Pack, his wife; thence with the said William Pack and Angeline Pack?s line back to the beginning corner.

And the party of the first part covenants with the party of the second part that he will warrant and defend this deed against all other deeds, titles and claims and that he shall forever have quiet and peaceable possession of said land free from all encumbrances and that he has a right to convey the said land and that he has done not acct (SIC) whatever to encumber the said land.

Witness the following signature and seal, the day and date first above written

Flemon Pack (SEAL)

STATE OF VIRGINIA, COUNTY OF TAZEWELL, to-wit:

I, T. R. Wingo, a Justice of the Peace in and for the County and State aforesaid, do certify that Flemon Pack, whose name is signed to the foregoing writeing (SIC) bearing date on the 22nd of March 1904, has acknowledged the same before me in my County

Given under my hand this March 22nd, 1904.

T. R. Wingo, J. P.

VIRGINIA In the Clerk?s Office of Tazewell County Circuit Court May 4th, 1904.

This deed was presented and upon the annexed certificate of acknowledgment, was admitted to record.

Teste; T. E. . George, Clerk

---------

MILITARY RECORDS

American Civil War Soldiers
Name: Fleming Pack
Side Served: Confederacy
State Served: Virginia
Service Record: Enlisted as a Private.
Enlisted in Company K, 37th Battn Cavalry Regiment Virginia.
Sources: 425

Civil War Service: 37th Battalion Virginia Cavalry, Dunn's Partisan Rangers, Co. K, rank private.

37th Cavalry Battalion was organized in August, 1862, as Dunn's Partisan Rangers. The battalion contained four companies and in November was changed to regular cavalry. Company B was composed of former members of the 4th Regiment South Carolina Infantry, Company F of North Carolinians, and Company K was formerly Captain Pack's Company, 21st Regiment Virginia Cavalry.[his brother, Crockett Pack] Company H was transferred to Swann's Battalion Virginia Cavalry by S.O. No. 130, Hdqrs. Dept. W.Va. and E. Tenn, dated December 28, 1864. It was assigned to W.E. Jones', McCausland's and W.L. Jackson's Brigade. During April, 1864, it totaled 300 effectives and by June had increased its strength to ten companies. It was involved in various operations in western Virginia and East Tennessee, then saw action in the Shenandoah Valley. The unit disbanded in mid-April, 1865. Lieutenant Colonel Ambrose C. Dunn and Major J.R. Claiborne were in command.

Civil War Soldiers, 1861-1865
Name: Fleming Pack
Side: Confederate
Regiment State/Origin: Virginia
Regiment Name: 188 Virginia Militia
Regiment Name Expanded: 188th Regiment, Virginia Militia
Company: C
Rank In: Private
Rank In Expanded: Private
Rank Out: Private
Rank Out Expanded: Private
Film Number: M382 roll 42

Flem also served in the The 188th Virginia Militia Regiment, Company C from Tazewell County, under the command of Colonel Henry S. Bowen. His brother Tinsley served with him in the same unit.




WILL OF REBECCA JANE HOLBROOK PACK

Last Will and Testament of Rebecca Jane Pack, recorded in McDowell Co. WV.

August 7, 1888

I, Rebeckey Jane Pack, of McDowell County, and State of West Virginia, (but now of Webster County, W. Va.,)do make and declare this to be my last will and testament as follow s: I will and bequeath unto Cosby Holbrook, my mother, and William T. Holbrook, my brother, all of my land situated on the Dry Fork of Tug River, in McDowell county and state of West Virginia, known as my home place, to hold in trust for my two children until they become of age, and in the event of the death of one or both of the children , Flem o r Jennie [Jimmie], the land goes to Cosby Holbrook her lifetime, and In the even t of the death of Cosby Holbrook and one or both of my children, any time before the children
should become of age, the land goes to William T. Holbrook, his heirs and assigns forever.

Given under my hand , the seventh day of August, one thousand eight hundred and eighty eight.

REBECKEY JONES [Jane] PACK.(Seal)

Signed and sealed in the presence of these witnesses:
John W. Wease,
Casander Gadd,
J. B. Bentley ,
Marshal Mullins,

Note in margin: "This will was set aside by the United States Circuit Court at Charleston, West Virginia. See Deed Book No. 52, page 41.

Her husband was left out of her will. This has an impact on the court case brought by her brother against coal magnate Edwin J. Berwind.

NEWSPAPER ARTICLE

Bluefield Daily Telegraph, November 22, 1906, page 5

[Note: all of this happened after Flem's death]

TITLE OF BERWIND SYNDICATE QUESTIONED

McDowell Coal Lands Bone of Contention in Important Suit in Federal Court.

REMARKABLE WILL OF REBECCA JANE PACK

August 7, 1888

I, Rebeckey Jane Pack, of McDowell County, and State of West Virginia, (but now of Webster County, W. Va.,)do make and declare this to be my last will and testament as follow s: I will and bequeath unto Cosby Holbrook, my mother, and William T. Holbrook, my brother, all of my land situated on the Dry Fork of Tug River, in McDowell county and state of West Virginia, known as my home place, to hold in trust for my two children until they become of age, and in the event of the death of one or both of the children , Flem o r Jennie [Jimmie], the land goes to Cosby Holbrook her lifetime, and In the even t of the death of Cosby Holbrook and one or both of my children, any time before the children
should become of age, the land goes to William T. Holbrook, his heirs and assigns forever.

Given under my hand , the seventh day of August, one thousand eight hundred and eighty eight.

REBECKEY JONES [Jame] PACK.(Seal)

Signed and sealed in the presence of these witnesses:
John W. Wease,
Casander Gadd,
J. B. Bentley ,
Marshal Mullins,

The lands devised In the foregoing testament are the bone of contention in one of the most important suits ever known in West Virginia? the case of Edwin J. Berwind et als. vs. W. T. Holbrook, which is now claiming the attention of the federal court at Charleston . There are witnesses from
Tazewell county, Va., Cincinnati and McDowell, Webster and Kanawha counties, and the legal battle is being bitterly contested.

The attorneys for Holbrook and his associates are William R. Thompson, of Huntington, and the law firm of Avis, Jordan & Hardy, of Charlteston, Edwln J. Berwind and Thomas
Fisher, the plaintiffs in the case are represented by Brown Jackson & Knight, of Charleston and Attorneys
Chapman and Gillespie, of Tazewell, Va.

The case is a most important one, as it is claimed by Berwind and Fisher that the will of Mrs. Pack, which the defense has brought into court, is a rank forgery and one of the rankest ever put on probate.

In opening the case Ivory C. Jordan stated in behalf of the defense that they would prove to the jury that the will which was probated is genuine. They claim that in August, 1888, Rebecca Jane Pack was ill at the home of her father, Isaac W. Holbrook, in Webster county, and on the 7th day
of August of that year she made a will. Prior to making the will she had stated how she wanted her property, consisting of about 120 acres on Tug river, divided. This will, it is claimed, was made out by Joh n W. Weese in the presence of three witnesses and several relatives of the family. The defense claims that the reason the will was not sent to McDowell county for probate until July, 1904, was that when Mrs. Pack died, she gave the w ill to her mother, Mrs. Cosby Holbrook. This was in a sealed envelope, and just as it was handed to Mrs. Pack on her death bed by Mr. Weese. The mother did not open the will but put it in an old trunk
until 1901, when she became sick and gave it to her son, W. J . Holbrook, the defendant in the case, who was poor, and did not take it to the county court in McDowell county until 1904, where he at that time hired attorneys
and had the will put on record. Mr. Jordan claims that Mr. Holbrook in the year 1901 started to walk to McDowell from Webster for the purpose of filing the will, but while en route he stopped on Cabin Creek to work and after two years went to McDowell where he placed the will in the hands of the county clerk.

Mr. Jackson, in behalf of the state, offered an enlarged photographic copy of the will which was recorded in McDowell, supposed to be the last will and testament of Mrs. P ack. He told of Mr. Pack returning to McDowell
county after his wife?s death in Webster with their two infant children; how in the course of time the land owned by Mrs. Pack began to grow' in value, and in 1901 Mr. Pack
sold his life interest to Mr. Berwind and Mr. Fisher. In 1902 he sold the estate which belonged to the one surviving
child, the other having died when quite young.

This land now is being developed as one of the richest coal fields in the state and on these grounds Mr. Jackson claims that the defendant thought they could secure land which did not belong to them, by producing a will which he says is forgery, but if proven to be genuine, it would destroy every title that Mr. Berwind and his associates had on the land.

Attorney Jackson pointed out to the jury the peculiar wording of the will and said no sane woman would
make a will which would give to h e r older brother property which rightly belonged to her own son. In the will
which is in evidence, Mrs. Pack states that she bequeaths on the death of one or both of her sons all of her property to her mother, Mrs. Cosby Holbrook, and in case of her death
or the death of one or both of her sons; before they become of age, the property goes to her brother, W. T. Holbrook.

T he attorneys for the plain tiff claim that they will be able to show that John W. Weese never made out the will and that it is not in his handwriting.

There is only one surviving witness to the will introduced by the defense and he is J. W. Bentley, who was the first witness called after Mr.Black, of Tazewell, and Mr. Rumbach,
of Cincinnati, testified as to the photographs exhibited.

Mr. Bentley is an old gentleman from McDowell county and claims that he is 75 years of age. He was called in at the Holbrook home in 1888 by John Weese to sign his name to what, he supposes was the will of Mrs. Pack.

The attorneys for the plaintiff strongly objected to the witness? testimony and the jury was ordered from the room while the case was argued before Judge Dayton.

Mr. Bentley was put upon the stand. He testified that he could neither read nor write and that when he was ca11ed
in at the time the alleged will was made as a witness he so informed the parties. The will was read to him and he authorized the signature of his name to it, as he could not write himself. The will in question was handed to him to identify, but he could not identify it as the one that was read to him on that occasion.


STORIES

Note: Georgia Maude Quesenberry Maxfield, an 80 year old Tazewell resident (deceased), has written these recollections of early Tazewell County life as told to her by her great-grandmother and her grandmother. Her Recollections appeared in the Tazewell Newspaper sometime in the early 1980's. Georgia was the daughter of George & Mary Frances Burress Quesenberry. Collected by Michelle Burruss

Flem And The Panther

One time, Uncle Flem said he had gone to a place in the woods called a deer lick. It was near a small sink hole, and there were a lot of leaves on the ground. He stretched out ot wait for a deer. He hadn't meant to go to sleep, but nevertheless he did. When he woke up, he judged he'd been asleep about an hour, but he was all covered with leaves. He got up quietly and climbed on a fallen tree - way up high in the roots and hid.

He didn't wait long until he heard a sound in the leaves. Lo and behold, there was a mother panther and two cubs. The mother dived into the sink hole and started to dig frantically.

This made cold chills go over his entire body. He vowed right then he would never go to sleep in the woods again. So far as we know, he never did.

After the panther had searched but not found him, she must have smelled him. She lifted her head and looked straight at him. Flem took careful aim and shot her. He found a club and knocked the cubs in the head. He skinned them and kept their hides to sell to the man from Baltimore.

--------

Granny Spence's Witchcraft Solution Saves Cousin Flem

Note: There was a Josiah and Anne Spence that lived a few house away from the Pack's in the 1850 Census.

Sarah had a 17 year old brother, Flem. The closest neighbor was one we shall not call by name since grandma as well as everybody else said the old woman of the house was a witch.

She had several children, one was a girl about the same age as Flem, and she was madly in love with him. One evening as he walked home she met him and began to flirt with him. Flem payed her no mind and left her standing in the road with hurt feelings. By the time he go home he had a sick headache.

Grandma stayed up all night with him. At her wit's end, she sent for another neighbor, Granny Spence, who was not afraid of witches. Spence went in to talk to Flem. She asked Flem if he had made any water since the headache began. He managed a weak no. She asked him if he had talked to the neighbor girl. He said yes, she had given him a bloom from a crab apple tree. She asked him what he did with it. Flem said he had put it in his shirt pocket.

Granny Spence reached over the bed and took it from his pocket. She then took a new piece of small silver coin from her apron pocket, wrapped the flower around it and swiftly cast them both in the flames of the back log of the fireplace.

She told grandma never to take the silver out, always put it back after cleaning the fireplace. Then she told Samantha to fill the three-legged iron kettle with water and let it strike a rolling boil. She told her to take a tin dipper and pour a dipper at a time on the hearth, spreading it all around slowly, letting it fizzle and pop until it drys each time. According to Granny Spence, after half the water had been used, the maggots that would have eaten Flem alive would crawl out of the hearth.

This grandma did, taking special care to follow Granny Spence's instructions to the letter. Just as the old lady had told her, the wiggly creatures appeared. Samantha hurried and poured the remaining wather on them then swept them up and cast them int the fire. Granny Spence told her when this part had been done, the guilty party would come and knock on the door and want to borrow something. She told her not to let her have anything, not even a crumb of bread.

After Samantha had burned the creatures, she went into the bedroom to see how Flem was feeling. Just then, the wicked neighbor came to the door and knocked. Grandma opened the door with her big homemade broom in her hand. The neighbor wanted to know if Samantha could loan her a cup of dry coffee for supper. Anger welled in grandma, she shook the broom at her and told her no, and never to come to her house again. By the next morning, Cousin Flem was good as new. Shortly after the wicked neighbor moved and was never heard from again.



Name:
Name also spelled Fleman or Flemon in some documents.

Fleming married Rebecca Jane BURRESS Abt 1856. Rebecca (daughter of James Burress and Mary Frances (Franky) Neel) was born ca 1844, Virginia; died Bef 1880, Tazewell Co. VA. [Group Sheet]

Other Events:

• _UID: 0280A2D503E644B5AEF859ACC472E01BB743

Notes:

CENSUS RECORDS

1850 United States Federal Census
Name: Rebecca J Burress
Age: 6
Birth Year: abt 1844
Birthplace: Virginia
Home in 1850: Western District, Tazewell, Virginia
Gender: Female
Family Number: 632
Household Members:
Jas Burress 43
Francis 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
taken on 3 Aug 1860, Page 855, Family #1138
Name: Rebecca J Pack
Age in 1860: 23
Birth Year: abt 1837
Birthplace: Virginia
Home in 1860: Western District, Tazewell, Virginia
Gender: Female
Post Office: Knob and Cedar Bluff
Household Members:
Fleming Pack 23
Rebecca J Pack 23

1870 United States Federal Census
taken on 29 Aug 1870; Page 297B; Family #585
Name: Rebecca T Pack [Rebecca J.]
Age in 1870: 30
Birth Year: abt 1840
Birthplace: Virginia
Home in 1870: Maiden Spring, Tazewell, Virginia
Race: White
Gender: Female
Post Office: Knob
Household Members:
Fleming Pack 35
Rebecca T Pack 30
Levi Pack 7
James Pack 9
William Pack 5
Eliza Pack 14
John Pack 1

Story by Georgia Mansfield says she died of Typhoid fever. Also said they had 3 children, the oldest being Eliza.

Her maiden name is confirmed with her son, William's death certificate.

McDowell Co, WV Death Certificate #15165

http://www.wvculture.org/vrr/va_view.aspx?Id=55126&Type=Death

West Virginia Vital Records
http://www.wvculture.org/vrr/va_view.aspx?Id=4677150&Type=Death

And on her daughter's Margaret's death certificate

http://www.wvculture.org/vrr/va_view.aspx?Id=1463690&Type=Death

Other Events:

• _UID: 4036A61156D04BB78CC5570574EDFA258206

Notes:

CENSUS RECORDS

1840 Census Patrick County, VA
John Pack
Free White Persons - Males - Under 5: 3 [Isham, Fleming and Tinsley]
Free White Persons - Males - 20 thru 29: 1
Free White Persons - Females - 20 thru 29: 1
Persons Employed in Agriculture: 1
No. White Persons over 20 Who Cannot Read and Write: 1

1850 Census
Name: Jno Pack [John Pack]
Age: 45
Birth Year: abt 1805
Birthplace: Virginia
Home in 1850: Western District, Tazewell, Virginia, USA
Gender: Male
Family Number: 1286
Household Members:
Name Age
Jno Pack 45
Matilde Pack 40
Isham Pack 16
Fleming Pack 14
Cricket Pack 12 [Crocket?]
Trnsell Pack 10 [Tinsley?]
Sarah Pack 8
Cynthia Pack 7
Wm Pack 5
Elenor Pack 3

Selected U.S. Federal Census Non-Population Schedules, 1850-1880

Livestock as of Jun 1, 1850-3 Milch Cows1 other cattle; 15 swine; Value of Livestock $50; Produce-Tobacco, Lbs (marked with an 'x'); Wool, 30lb; Butter, 150lb; Flax, 30lb; Flaxseed 2 Bushels; Value of Homemade Mfg $50; Val of Animals Slaughtered: $35

1860 Census
Name: John Pack
Age: 47
Birth Year: abt 1813
Gender: Male
Birth Place: Virginia
Home in 1860: Western District, Tazewell, Virginia
Post Office: Baptist Valley
Family Number: 1126
Value of real estate: $80
Occupation: farm laborer
Household Members:
Name Age
John Pack 47
Matilda Pack 47
Tinsley Pack 20
Sarah Pack 17
Cynthia Pack 15
William Pack 13
Elenor Pack 10
Amanda Pack 7
Otifane Pack 6
Elenor Pack 20
Jack Gough 25

1870 Census
Name: John Pack
Age in 1870: 59
Birth Year: abt 1811
Birthplace: Virginia
Home in 1870: Maiden Spring, Tazewell, Virginia
Race: White
Gender: Male
Post Office: Knob
Value of real estate: None listed
Household Members:
Name Age
John Pack 59
Matilda A Pack 57
Elender Pack 20
Stefana F Pack 15
Virginia B Pack 1

TAX LISTS

Floyd Co. VA

1835 - John Pack, 1 tithe, no horses
1836 - John Pack, 1 tithe, no horses

LEGAL RECORDS

Tazewell County

John Pack (Breach of Peace) Monday, September 24, 1838 William Taylor, Forman, Joseph Higginbotham, John Cecil, William Smith, George Steel, Archibald Thompson, Jr., James R. Crabtree, Thomas Davis, Erastus G. Harman, William E. Higginbotham, Andrew P. Moore, Howard Bane, James R. Dills, William P. Moore, William A. Kennedy, David Matton, Richard Yates, Jonathan Peery, William Hinkle, James S. Witten and William J. Watts were sworn a grand jury of inquest for the body of this county and having returned into court and presented: An indictment against John Pack for a breach of the peace - A true bill. And the said grand jury not having finished their business, were adjourned till tomorrow 12 o'clock.

Law Order Book 1832-1844; Page 286 Monday, April 22, 1839 The Commonwealth against John Pack, Defendant - On an indictment for a breach of the peace. On motion of the attorney for the Commonwealth it is ordered that a capias be awarded against the defendant Pack, directed to the Sheriff of Lee County and returnable here on the first day of the next term.

Law Order Book 1832-1844; Page 306 Monday, September 23, 1839 The Commonwealth against John Pack, on an indictment for a breach of the peace. The capias awarded against the defendant at the last term, not being returned, on motion of the attorney for the commonwealth, an alias capias is awarded against the said defendant, to be directed to the sheriff of Mercer County and return able here the first day of the next term.

Law Order Book 1832-1844; Page 326 Wednesday, September 29, 1840 The Commonwealth against John Pack, Defendant - On an indictment for a breach of the peace. The alias capias awarded against the defendant in this cause not being executed, on motion of the attorney for the commonwealth, it is ordered, that a pluries capias be awarded against the said defendant, to be directed to the sheriff of this county and returnable here the first day of the next term.

Law Order Book 1832-1844; Page 347 Monday, April 25, 1841 The Commonwealth against John Pack, Defendant - On an indictment The attorney for the Commonwealth by leave of the court, saith that he will not further prosecute in this cause.

MILITARY RECORDS

John is listed in the 29th Regiment, VA Infantry, Co. I, rank Private, along with his son Crockett C. Pack in Co. H.

Regimental History

29th Regiment, Virginia Infantry

29th Infantry Regiment was authorized in November, 1861, and was to contain seven companies under Colonel A.C. Moore and three companies at Pound Gap. However, this organization never took place. Moore's five companies from Abingdon and companies raised in the spring of 1862 evidently made up the nine-company regiment. It was assigned to the Valley District, Department of Northern Virginia, then moved to Kentucky where it was engaged at Middle Creek. Later it saw action in Western Virginia and for a time served in North Carolina under General French. In March, 1863, it totaled 732 men. Attached to General Corse's Brigade the unit participated in Longstreet's Suffolk Expedition and during the Gettysburg Campaign was on detached duty in Tennessee and North Carolina. In the spring of 1864 it returned to Virginia and took its place in the Petersburg trenches north and south of the James River and ended the war at Appomattox. Many were lost at Sayler's Creek, and only 1 officer and 27 men surrendered on April 9, 1865. The field officers were Colonels James Giles and Alfred C. Moore; Lieutenant Colonels Alexander Haynes, William Leigh, and Edwin R. Smith; and Majors Ebenezer Bruster, William R.B. Horne, and Isaac White.

NEWSPAPER ARTICLES

5 June 1895 Clinch Valley News Pounding Mill

Mr. John Pack is suffering with his old complaint rheumatism.

---------------
7 August, 1895 Clinch Valley News, Pounding Mill

Mr. John Pack has been quite ill the past week.

--------------
5 March 1897 Clinch Valley News, Pounding Mill

Mr. Pack an aged citizen has been ill at the home of his daughter, Mrs. Fred Quesenberry, (Cynthia Pack) the past week.
-------------
Georgia Maud Quesenberry Maxfield, an 80 year old Tazewell resident (deceased), wrote these recollections of early Tazewell County life as told to her by her great-grandmother and her grandmother. Her Recollections appeared in the Tazewell Newspaper sometime in the early 1980's. Georgia was the daughter of George & Mary Frances Burress Quesenberry.

From the Past: A Massacre end happily

Many years ago, there were a young man and woman who lived somewhere along the banks of the Clinch River with quite a few other settlers. This chapter of Captain John Delong and his wife, Matilda, takes place around the early 1800's.

Late one evening a small band of Cherokee Indians had made camp for the night a short distance from the settlement down by the river. There was no love lost for the Indians by some of the men in the settlement.

These same Indians had been catching their fish in this spot for many years. This made no difference to the men, they wanted to kill them right then.

Captain Delong talked them out of it for the time being. Later that night, these men slipped out of the settlement and killed all the Indians.

The next morning, Captain Delong was told of the slaughter and was asked if he would help bury the indians before their cheif could find out. He said he would.

As the captain and the other men were finishing the clean up, the captain thought he heard a small dog whining in a teepee that had not burned but rather sat there, smoldering. Captain and Mrs. Delong could have no children, but he was found of animals and he hurried to the teepee.

Upon entering, he found, wrapped tightly in a cradle back pack, a beautful Indian baby. Almost overcome with joy, the captain hurried home.

With the glimmer of tears in his eyes, he said, "Tilda, I have for thee a present." Matilda too was overcome with joy.

She fed the baby cow's milk from a bottle that had been used to feed small animals from time to time. When she undressed the tiny being, she discovered it was girl. They kept her and named her Samantha Delong.

In due time, Samantha grew up and married a young man named Jack Pack. As their life progressed, they had a family of three girls and three boys. Their names were Sarah, Cynthia, Ellie, Bill and Flemming. These children grew up while another boy died at birth in the cold, long winter.

[Note: from http://burress.us

Michelle Burress' analysis:

This story has some inconsistencies and while I'm I believe there may be some truth to the story, there are a lot of things that are wrong which backed up with fact. I'm not sure if there as confusion regarding the names or a lot of fiction involved with the telling of the story. There is no evidence that a John DELONG married a Matilda, or that John PACK married a Samantha DELONG. Orman Delong and Sarah Reed seem to be the only resonable couple for a child named Matilda Delong that married John Pack. Orman and Sarah, however, also had many other children. John and Matilda did indeed have children named Sarah (who married a William Burress) Flem, Cynthia, Ella and William, but they also had other children. There is no evidence that either John Pack or Orman Delong were Captains in the Military or that any of these couples were unable to have children). However there was a John Delong listed in the military records of Montgomery county, in the same unit as Orman Delong. Have not figured out the connect yet. ~Michelle


EMAIL COMMENTS

"Isham and Flem were already born before they got married. I haven't been able to clarify if these are her sons from a previous marriage or his or if by chance they followed the custom of the time which was to set up housekeeping, and then when the 'circuit preacher' came around have a 'formal' marriage ceremony. This often consisted of the minister simply taking down the names of the two people and registering it at the courthouse." Info on him came from Kay Brown HIBWIFE@AOL.COM

John married Matilda Ann DELONG 31 Dec 1835, Floyd Co., VA. Matilda (daughter of Ormond/Orman DELONG and Sarah REED) was born Abt 1810, Patrick Co., VA; died Bef 1880, Tazewell Co. VA. [Group Sheet]

Other Events:

• _UID: CC5EFCA32EFF4BAD9482377B9DF393A47D67

Notes:

CENSUS RECORDS

1850 Census
Name: Matilde Pack
Age: 40
Birth Year: abt 1810
Birthplace: Virginia
Home in 1850: Western District, Tazewell, Virginia, USA
Gender: Female
Family Number: 1286
Household Members:
Name Age
Jno Pack 45
Matilde Pack 40
Isham Pack 16
Fleming Pack 14
Cricket Pack 12
Trnsell Pack 10
Sarah Pack 8
Cynthia Pack 7
Wm Pack 5
Elenor Pack 3

1860 Census
Name: Matilda Pack
Age: 47
Birth Year: abt 1813
Gender: Female
Birth Place: Virginia
Home in 1860: Western District, Tazewell, Virginia
Post Office: Baptist Valley
Family Number: 1126
Household Members:
Name Age
John Pack 47
Matilda Pack 47
Tinsley Pack 20
Sarah Pack 17
Cynthia Pack 15
William Pack 13
Elenor Pack 10
Amanda Pack 7
Otifane Pack 6
Elenor Pack 20

1870 Census
Name: Matilda A Pack
Age in 1870: 57
Birth Year: abt 1813
Birthplace: Virginia
Home in 1870: Maiden Spring, Tazewell, Virginia
Race: White
Gender: Female
Post Office: Knob
Household Members:
Name Age
John Pack 59
Matilda A Pack 57
Elender Pack 20
Stefana F Pack 15
Virginia B Pack 1

STORIES

Georgia Maud Quesenberry Maxfield, an 80 year old Tazewell resident (deceased), wrote these recollections of early Tazewell County life as told to her by her great-grandmother and her grandmother. Her Recollections appeared in the Tazewell Newspaper sometime in the early 1980's. Georgia was the daughter of George & Mary Frances Burress Quesenberry.

From the Past: A Massacre end happily

Many years ago, there were a young man and woman who lived somewhere along the banks of the Clinch River with quite a few other settlers. This chapter of Captain John Delong and his wife, Matilda, takes place around the early 1800's.

Late one evening a small band of Cherokee Indians had made camp for the night a short distance from the settlement down by the river. There was no love lost for the Indians by some of the men in the settlement.

These same Indians had been catching their fish in this spot for many years. This made no difference to the men, they wanted to kill them right then.

Captain Delong talked them out of it for the time being. Later that night, these men slipped out of the settlement and killed all the Indians.

The next morning, Captain Delong was told of the slaughter and was asked if he would help bury the indians before their cheif could find out. He said he would.

As the captain and the other men were finishing the clean up, the captain thought he heard a small dog whining in a teepee that had not burned but rather sat there, smoldering. Captain and Mrs. Delong could have no children, but he was found of animals and he hurried to the teepee.

Upon entering, he found, wrapped tightly in a cradle back pack, a beautful Indian baby. Almost overcome with joy, the captain hurried home.

With the glimmer of tears in his eyes, he said, "Tilda, I have for thee a present." Matilda too was overcome with joy.

She fed the baby cow's milk from a bottle that had been used to feed small animals from time to time. When she undressed the tiny being, she discovered it was girl. They kept her and named her Samantha Delong.

In due time, Samantha grew up and married a young man named Jack Pack. As their life progressed, they had a family of three girls and three boys. Their names were Sarah, Cynthia, Ellie, Bill and Flemming. These children grew up while another boy died at birth in the cold, long winter.

[Note: from http://burress.us

Michelle Burress' analysis:

This story has some inconsistencies and while I'm I believe there may be some truth to the story, there are a lot of things that are wrong which backed up with fact. I'm not sure if there as confusion regarding the names or a lot of fiction involved with the telling of the story. There is no evidence that a John DELONG married a Matilda, or that John PACK married a Samantha DELONG. Orman Delong and Sarah Reed seem to be the only resonable couple for a child named Matilda Delong that married John Pack. Orman and Sarah, however, also had many other children. John and Matilda did indeed have children named Sarah (who married a William Burress) Flem, Cynthia, Ella and William, but they also had other children. There is no evidence that either John Pack or Orman Delong were Captains in the Military or that any of these couples were unable to have children). However there was a John Delong listed in the military records of Montgomery county, in the same unit as Orman Delong. Have not figured out the connect yet. ~Michelle

---------------
*Georgia Maud Quesenberry Maxfield, an 80 year old Tazewell resident (deceased), wrote these recollections of early Tazewell County life as told to her by her great-grandmother and her grandmother. Her Recollections appeared in the Tazewell Newspaper.

[Note: There was a Josiah and Anne Spence that lived a few house away from the Pack's in the 1850 Census.]

Granny Spence's Witchcraft solution saves Cousin Flem

Sarah had a 17 year old brother, Flem. The closest neighbor was one we shall not call by name since grandma as well as everybody else said the old woman of the house was a witch.

She had several children, one was a girl about the same age as Flem, and she was madly in love with him. One evening as he walked home she met him and begain to flirt with him. Flem payed her no mind and left her standing in the road with hurt feelings. By the time he go home he had a sick headache.

Grandma stayed up all night with him. At her wit's end, she sent for another neighbor, Granny Spence, who was not afraid of witches. Spence went in to talk to Flem. She asked Flem if he had made any water since the headache began. He managed a weak no. She asked him if he had talked to the neighbor girl. He said yes, she had given him a bloom from a crab apple tree. She asked him what he did with it. Flem said he had put it in his shirt pocket.

Granny Spence reached over the bed and took it from his pocket. She then took a new piece of small silver coin from her apron pocket, wrapped the flower around it and swiftly cast them both in the flames of the back log of the fireplace.

She told grandma never to take the silver out, always put it back after cleaning the fireplace. Then she told Samantha to fill the three legged iron kettle with water and let it strike a rolling boil. She told her to take a tin dipper and pour a dipper at a time on the hearth, spreading it all around slowly, letting it fizzle and pop until it drys each time. According to Granny Spence, after half the water had been used, the maggots that would have eaten Flem alive would crawl out of the hearth.

This grandma did, taking special care to follow Granny Spence's instructions to the letter. Just as the old lady had told her, the wiggly creatures appeared. Samantha hurried and poured the remaining water on them then swept them up and cast them int the fire. Granny Spence told her when this part had been done, the guilty party would come and knock on the door and want to borrow something. She told her not to let her have anything, not even a crumb of bread.

After Samantha had burned the creatures, she went into the bedroom to see how Flem was feeling. Just then, the wicket neighbor came to the door and knocked. Grandma opened the door with her big homemade broom in her hand. The neighbor wanted to know if Samantha could loan her a cup of dry coffee for supper. Anger welled in grandma, she shook the broom at her and told her no, and never to come to her house again. By the next morning, Cousin Flem was good as new. Shortly after the wicket neighbor moved and was never heard from again.


Birth:
Another source gives Montgomery Co. or Floyd Co. VA as her place of birth. Sue Prideaux,
sueprideaux@earthlink.net

Notes:

Married:
Marriage Bond

Know all men by these presents, that we, John Pack and Martin Slaughter are held and firmly bound unto, L.W. Tazewell, Esq. Governor of the Commonwealth of Virginia, and his successors, in the sum of one hundred and fifty dollars, to the payment thereof, well and truly be made, we bind ourselves, our heirs, executors, and administrators, jointly and severally, firmly by these presents, sealed with our seals, and dated this 21 day of Dec 1835.

The condition of the above obligation is such, that, whereas a marriage is intended to be solemnized between the above bound John Pack and Matilda Delong of Floyd County: New, if there be no lawful cause to obstruct the said marriage, then the above obligation to be void, else to remain in full force and virtue.

Signed John Pack and Martin Slaughter. Witnessed, Wm. Goodan.

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.

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

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

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

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.

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

[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]

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 [James]
Free White Persons - Females - 20 thru 29: 1 [Mary Frances]
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: Francis Burress [Frances]
Age: 42
Birth Year: abt 1808
Birthplace: Virginia
Home in 1850: Western District, Tazewell, Virginia
Gender: Female
Family Number: 632
Household Members:
Jas Burress 43
Francis 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: Francis Burris [Frances]
Age in 1860: 50
Birth Year: abt 1810
Birthplace: Virginia
Home in 1860: Western District, Tazewell, Virginia
Gender: Female
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

DEEDS

Tazewell Deeds, Book 8, Page 266

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.

Detail: Tazewell Deeds, Book 8, Page 266

Date: 16 July 1844

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

Tazewell Co. VA Deed Book 8 Page 463

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

Detail: Tazewell Co. Va, Book 8 Page 463

Date: 23 Sep 1845

Buried:
Grave location:
http://www.findagrave.com/cgi-bin/fg.cgi?page=gr&GRid=120669606

Other Events:

• _UID: E0CDAD9CFB964B4AA01080EA74E8CA46A287

Notes:

Info on him came from Kay Brown HIBWIFE@AOL.COM

She has his wife's name as Martha.

Janewarrick@yahoo.com on 29 Dec 2002: Martin Slaughter was on the Marriage Bond for John Pack and Matilda Delong. Martin Slaughter was somehow connected to JAMES PACK who was married to Martha. JAMES died in 1853 and his will named Lucy Slaughter (daughter of Martin Slaughter) and Polly Ann Doss (daughter of James Doss) in his will. JAMES PACK's wife, Martha, moved to Floyd Co., VA after his death and Mary Doss, age 78, niece; and L. G. Slaughter, age 18, Nepher, were shown on the 1870 Census with Martha Pack, age 92.

1830 Census Patrick Co. VA
Name: James Park [James Pack]
Home in 1830: Patrick, Virginia
View Map
Free White Persons - Males - 15 thru 19: 1
Free White Persons - Males - 20 thru 29: 1
Free White Persons - Males - 50 thru 59: 1
Free White Persons - Females - 15 thru 19: 1
Free White Persons - Females - 30 thru 39: 1
Free White Persons - Females - 50 thru 59: 1
Free White Persons - Under 20: 2
Free White Persons - 20 thru 49: 2
Total Free White Persons: 6

1840 Census Patrick Co. VA
Name: James Pack
County: Patrick
State: 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 - 20 thru 29: 1
Free White Persons - Females - 50 thru 59: 1
Total - All Persons (Free White, Free Colored, Slaves): 5
Persons Employed in Agriculture: 2
No. White Persons over 20 Who Cannot Read and Write: 2

James married Elizabeth or Martha UNKNOWN. [Group Sheet]

Other Events:

• _UID: F1B8CB177EB64E758D26E109BCEED2CA650D

Notes:

Info came from Michelle Burruss at burruss.us

Janewarrick@yahoo.com on 29 Dec 2002: Martin Slaughter was on the Marriage Bond for John Pack and Matilda Delong. Martin Slaughter was somehow connected to JAMES PACK who was married to Martha. JAMES died in 1853 and his will named Lucy Slaughter (daughter of Martin Slaughter) and Polly Ann Doss (daughter of James Doss) in his will. JAMES PACK's wife, Martha, moved to Floyd Co., VA after his death and Mary Doss, age 78, niece; and L. G. Slaughter, age 18, Nepher, were shown on the 1870 Census with Martha Pack, age 92.

Other Events:

• _UID: E40B64A809E84168A0DA227E9678F5C67823

Notes:

Date of marriage is from Jane Warrick, jwarr72217@aol.com
Sue Prideaux, sueprideaux@earthlink.net gives the marriage date as 1808 in Montgomery Co. VA

DOB and DOD source: Sue Prideaux, sueprideaux@earthlink.net

He appeared on the census in 1830 in Montgomery Co., VA.

LAND RECORDS

Floyd County, VA Deed Books A-C, 1831-1844, LDS microfilm #0031338 read & transcribed by: Susan M. Jurban, May 2001

DB C, page 267 - 10 June 1843 between A. J. Kirby deputy Sheriff for Benjamin Howell Sheriff of FCV and George A. Reed of FCV whereas Orman Delong was committed to jail charged in execution by virtue of acapias and sate a judgment in the county of Floyd for $____ (no amount listed) and the said Orman Delong being insolvent and deserious to be released from his imprisonment did at the courthouse on 3 September 1842 subscribe and deliver in a schedule of his estate which schedule contained the following real estate to wit, a certain claim and interest in a suit depending in the circuit Superior Court of Law and Chancery for the county aforesaid said in which there is a certain tract of land involved in said suit and the said Orman Delong was plaintiff and the heirs of George Reed Sr. Decd. are Defendants which claim was duly conveyed to the said A. J. Kirby Deputy Sheriff as made and provided, and whereas the said A. J. Kirby having advertised the time and place of sale according to can did on the ___ day of November 1842 at Floyd Courthouse that being Court day on pose to sale by way of public auction for ready money the aforesaid interest in said land and the said George A. Reed being the highest bidder became the purchaser at the sum of $1106 1/4 now therefore this Indenture witnesses that for in consideration of the premises aforesaid and for the further consideration of the sum of $5.00 to him in hand paid by the said George A. Reed the real estate herein before mentioned and described to have and to hold the same for ___ from the claims of him the said A. J. Kirby and his heirs and all other persons claiming in or through them under the aforesaid conveyance from Orman Delong, but the said Kirby takes no individual responsibility whatever on himself in the conveyance.

In witnesses whereof A. J. Kirby Deputy Sheriff aforesaid hath hereunto set his hand and affirmed his seal. signed: A. J. Kirby D.S. for B. Howell S. recorded: Floyd Court 10 June 1843.

PERSONAL PROPERTY RECORDS

1831-1846 Floyd County, Virginia

1831 - Orman Delong 1 Tithe (no horses listed)
1832 - Ormon Delong 1, 1 Horse $6
1833 - Orman Delong - 1 Tithe (no horses listed)
1834 - Orman Delong 1 Tithe, no horses listed
1835 - Ormon Delong 1 Tithe (no horses listed)
1836 - Orman Delong 1 Tithe (no horses listed)
1837 - Orman Delong 1 Tithe (no horses listed)
1838 - Orman Delong 1 Tithe (no horses listed)
1839 - Orman Delong 1 Tithe (no horses listed)
1840 - Orman Delong 1 Tithe (no horses listed)
1841 - Orman Delong 1 Tithe (no horses listed)
1842 - Orman Delong 1 Tithe (no horses listed)
1843 - Orman Delong 1 Tithe (no horses listed)
1844 - Orman Delong 1 Tithe (no horses listed)
1845 - Orman Delong 1 Tithe (no horses listed)
1846 - Orman Delong 1 Tithe (no horses listed)

1847 - No longer listed in tax records after this time.

MILITARY RECORDS

Listed in the Soliders Records of Montgomery County, Virginia 1819

Virginia Militia 3rd Battalion

Soldier Records of Montgomery County, Virginia listing Orman D. Long Page 27 Captain James Lester's Company. Also listed page 52 April Muster Orman D. Long and Humphrey Reed. Also on list of Insolvent men for the year of 1825 along with a John Delong (owned 4.50), however, Orman Delong's name has been crossed out. Perhaps he managed to get paid? He was owed 4 dollars.

Died:
Death date is most likely 1847 as he is no longer listed on the tax records after this date.

Ormond/Orman married Sarah REED 8 Nov 1809, Virginia. Sarah (daughter of George REED and Nancy MCGEORGE) was born 1788, Virginia; died Between 1840-1850, Floyd Co., VA. [Group Sheet]

Other Events:

• _UID: 1FF9246283584B30B337682929B61B78E1CD

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.

--------

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.

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

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.

-------

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

-------

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.

-------
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.

-------

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.]

Notes:

CENSUS

1830 United States Federal Census
Name: Alexander Neel
Home in 1830 (City, County, State): Tazewell, Virginia
Free White Persons - Males - Under 5: 1
Free White Persons - Males - 5 thru 9: 4
Free White Persons - Males - 10 thru 14: 1
Free White Persons - Males - 20 thru 29: 1
Free White Persons - Males - 50 thru 59: 1
Free White Persons - Females - 5 thru 9: 1
Free White Persons - Females - 15 thru 19: 2
Free White Persons - Females - 30 thru 39: 1
Free White Persons - Under 20: 9
Free White Persons - 20 thru 49: 2
Total Free White Persons: 12
Total - All Persons (Free White, Slaves, Free Colored): 12

1840 United States Federal Census
Name: Alexr Neil [Alexr Neel]
Home in 1840 (City, County, State): Tazewell, Virginia
Free White Persons - Males - 5 thru 9: 1
Free White Persons - Males - 10 thru 14: 2
Free White Persons - Males - 20 thru 29: 1
Free White Persons - Males - 60 thru 69: 1
Free White Persons - Females - 15 thru 19: 1
Free White Persons - Females - 40 thru 49: 1
Persons Employed in Agriculture: 4
Free White Persons - Under 20: 4
Free White Persons - 20 thru 49: 2
Total Free White Persons: 7
Total All Persons - Free White, Free Colored, Slaves: 7

TAX LISTS

1810 Tax List of Tazewell County VA, Page C4

Alexander Neel; White Tithables - 1; Slaves over 12 years - 0; Horses - 2



Buried:
Grave location and tombstone photo:
http://www.findagrave.com/cgi-bin/fg.cgi?page=gr&GScid=2367239&GRid=57593754&

Died:
See James Burress & Frances Neel [Franky] Burruss deed.

Alexander married Missouri Caroline Kidd. Missouri was born ca 1785, Amherst Co. VA; died 1828, Wolf Creek, Tazewell Co. VA; was buried , Neel Family Cemetery, Cove Creek, Tazewell Co. VA. [Group Sheet]

Notes:

Buried:
Grave location and tombstone photo:
http://www.findagrave.com/cgi-bin/fg.cgi?page=gr&GScid=2367239&GRid=57593857&