Martha Jane Burress

Other Events:

• Census 1870: 1870, Burkes Garden, Tazewell, Virgina, USA

Martha married William George Yost on 13 Sep 1882 in Tazewell County, Virginia. William (son of G.W Yost and Harriett) was born in 1862 in Tazewell County, Virginia. [Group Sheet] [Family Chart]

Notes:

Married:
Marriage Records, Tazewell County Marriage Records Book 3 Page 61 Line 67.

Sep 13, 1882 Tazewell, Va.; Wm. G. Yost, 20 yr 7 mo and Martha J. Burress, 20 years, 3 mo; Both Single; Husband born: Tazewell; Wife born: Bland. Both Reside: Tazewell; Husband parents: GW and Harriett Yost; Wife parents: Geo. W. and Sarah D. Burress. Husband: Farmer Married By: R.V. Godbrey

1. Richard Glen Yost was born in 1887 in Tazewell County, Virginia.

Martha married John Milton Painter on 17 Jan 1892 in Tazewell County, Virginia. John was born in 1870 in Virginia, United States. [Group Sheet] [Family Chart]

Notes:

Married:
Mary Yost, 29 (1863 Tazewell) Widowed Parents: George W. Burress

John E. Painter, 22 (1870 Tazewell) Single Parents: J.A and Eliza Yost

1. William Painter was born about 1894 in Virginia, United States.
2. Joe Painter was born about 1906 in Virginia, United States.

Other Events:

• Census 1850: 1850, Western District, Tazewell, Virginia
• Census 1860: 1860, Burkes Garden, Tazewell, Virginia, USA
• Military: 30 Jul 1861, Virginia, United States; Farm Laborer; Enlisted in Company C, Virginia 50th Infantry Regiment on 30 Jul 1861; Enlisted in 15 Mar 1863
• Census 1870: 1870, Burkes Garden, Tazewell, Virgina, USA
• Deed: 12 Dec 1892, Tazewell County, Virginia; Deed between George W. & Sarah D Burress and Thomas Templeton
• Witness: 1898, Tazewell County, Virginia; Both George and Sarah are witnesses in the divorce proceedings of Mary Francis and her husband.
• Census 1900: 1900, Jeffersonville, Tazewell, Virgina, USA
• Court Case: 1 Feb 1908, Tazewell County, Virginia; Sarah Brooks sues grandfather George Burress
• Court: 1 Feb 1908, Tazewell County, Virginia; Dispute with 3 of George's grandchildren, that he raised, over land.

Notes:

Military:
Roster of Ex Confederate Soldiers lists:

George W. Burress Age 59 G Co. 45th Va Inf March 1862 2 years

Deed:
This deed made and entered into on this December 12th in the year 1892 between George W. Burress and Sarah D. Burress his wife, parties of the first part, Thomas Templeton, party of the second part and all of the county of Tazewell and state of Virginia.

Witnesseth that for and in consideration of the some of two hundred ($200.00) fifty dollars cash in hand paid a receipt of which is hereby acknowledged by all the parties interested and that remainder of one hundred and fifty dollars to be paid in two equal payments of six and twelve months, the parties of the first part does this day bargain sell and convey unto the party of the second part all their right title and interest in and to a certain tract, piece or parcel of land lying and being in the county of Tazewell and state of Virginia and situated on the south side of Big Stoney Ridge in the waters of Mud Fork, it being a part of the land bought by said Burrass and wife, of E.P. Moore and bounded as follows to wit: Beginning at a chestnut on top of the middle ridge of the south side of Big Stoney Ridge and with the top of said Burrasses land and with the same a southerly direction to the top of said middle ridge and with the top of said ridge westward to the beginning containing thirty acres more or less, the parties of the first part reserves a veudauis lein on said land for the remainder of the purchase money of $150.00 one hundred and fifty dollars the parties of the first part doth con?? to and with the party of the second part that they have the right to convey to their grantee and that they warrant generally the title to the lands hereby conveyed. Witness the following signatures and seals the year and date first above written.His mark, George W. Burress (seal) Sarah D. Burress (seal)

Virginia : Tazewell County To Wit:I, J.W. Gillespie, a justice of the peace in and for the county and state aforesaid, do hereby certify that George W. Burress and Sarah D. Burress his wife, whose names are signed to the foregoing deed bearing the date on this December 12th in the year 1892 has this day personally appeared before me in my county and state aforesaid and acknowledged the same. Given under my hand this December 12th, 1892J.W. Gillespie

Court:
1 February 1908 Tazewell County :: Chancery Causes: Sarah E. Brooks VS. George Burress

To the Hon. W.J. Henson, Judge of the Circuit Court of Tazewell County, Virginia:

Your complainants, Sarah E. Brooks, Mary E. Brooks and Hattie V. Brooks, would respectfully represent that their father, Jerome B. Yost, died in the year 1885, intestate, leaving to survive him as his heirs at law a widow, Rachael, L. Yost, and four children, to-wit, (1) your complainant, Sarah E. Brooks (nee Yost); (2) your complainant, Mary F. Brooks (nee Yost); (3) Robert L. Yost; and (4) your complainant, Hattie V. Brooks (nee Yost); that Sarah E. Brooks is now thirty (30) years of age; that Mary F. Brooks is now twenty-eight (28) years of age; that Robert L. Yost is now twenty-six (26) years of age; and that Hattie V. Brooks is now twenty-two (22) years of age, the youngest, Hattie V. Brooks, being only six months old when her father died; that Sarah E. intermarried with M.C. Brooks; that Mary F. intermarried with Joseph Brooks; that Hattie V. intermarried with James P. Brooks; and the said Rachael L. Yost, the mother of complainants, and the widow of Jerome B. Yost, deceased, after the death of the said Jerome B. Yost, intermarried with John R. Radford.

Your complainants further represent that just prior to the death of the said Jerome B. Yost he was negotiating with one Edward P. Moore for the purchase of one hundred (100 A) acres of land situated in Tazewell County, Virginia, on Little Stony Ridge and Big Stony Ridge, but that before the money was paid and the deed executed for said land the said Jerome B. Yost died, and after the death of the said Jerome B. Yost his widow, with her children, moved into the home of George Burress, who was the father of Rachael L., the widow of the said Jerome B. Yost, and the grandfather of complainants. Just after the death of the said Jerome B. Yost and after the said Rachel L., widow of Jerome B. Yost, with her children, had moved into the home of the said George Burress, the said Edward P. Moore came to the home of the said George Burress for the purpose of completing the sale for the said one hundred (100 A.) acres of land and executing a deed and receiving the purchase money for the same, and the said George Burress, acting for the said widow and children of the said Jerome B. Yost, deceased, purchased the said one hundred (100 A) acres of land from the said Edward P. Moore and paid for the same out of the money and property which Jerome B. Yost owned at the time he died, the said one hundred acres (100 A) of land being purchased for the sum of Three Hundred and fifty ($350.00) dollars.

Your complainants would further represent that although the said tract of land was purchased from the said Edward P. Moore by the said George Burress for the heirs at law of the said Jerome B. Yost, deceased, and with the funds furnished by the estate of the said Jerome B. Yost, the said George Burress had the land conveyed by the said Edward P. Moore and wife to himself, when it should have been conveyed to the heirs at law of the said Jerome B. Yost. The said deed from the said Edward P. Moore and wife to the said George Burress is dated the 21st. day of May, 1888 and is now of record in the office of the Clerk of Tazewell County, Virginia, in Deed Book 24, Page 228, a certified copy of which is herewith filed as a part of this bill, marked ?Exhibit A?.

Your complainants would further represent that the said George Burress, together with the widow and children of the said Jerome b. Yost, moved upon said one hundred (100 A) acres of land and began to cultivate the same and to get their maintenance and support from said land. The widow and all of the children of the said Jerome B. Yost worked upon said land and assisted in farming the same and raising the crops, from which they realized their support. At the time the said land was conveyed by the said Edward P. Moore and wife to the said George Burress, the said George Burress was in very poor circumstances, having no land and very little, if any, personal property, but after the date of the said deed they all lived and worked together until the daughters of the said Jerome B. Yost married and left the said land. During the whole of the time that the said widow and heirs of the said Jerome B. Yost lived upon the said land with the said George Burress, the widow and all the girls, with the others, assisted in all of the work on the said land, the girls working in the fields with the said George Burress.

Your complainants would further represent that at the time the said deed was made by the said Edward P. Moore and wife to the said George Burress they were small children, the oldest one being eight years of age, and that after the said deed was made their mother requested the said George Burress to execute a deed, conveying the said land to the heirs of the said Jerome B. Yost, deceased, and the said George Burress stated to their mother that he would hold the whole of said land for the said children of the said Jerome B. Yost, deceased, to which their mother consented, and during the whole time since the conveyance by the said Edward P. Moore and wife to the said George Burress he has lived upon the said land with all or part of the heirs at law of the said Jerome B. Yost, with the understanding that he was holding the said land for the said heirs at law of the said Jerome B. Yost.

Your complainants would further represent that the said George Burress is now over seventy years of age and has become dissatisfied and states that he is going to sell said land and dispose of the proceeds of the sale as he wishes, but that none of complainants are to have any part of the proceeds of the sale of the said land.
Your complainants would further represent that until the last few months their brother, Robert L. Yost, was friendly with them and acknowledged that the said one hundred (100 A) acres of land was held by the said George Burress for the heirs at law of the said Jerome B. Yost, deceased, and that the said heirs at law were the real owners of said land, but recently he has become estranged from complainants and complainants believe and aver that the said Robert L. Yost has persuaded the said George Burress to convert the said land into money, believing when this is done that he will get from said George Burress the proceeds derived from the sale of said land.
Your complainants are advised and believe that the heirs at law of the said Jerome B. Yost are the owners of said one hundred (100 A) acres of land and are entitled to have a conveyance from the said George Burress to them of the same, and that complainants are entitled to have their part of said land conveyed to each of them.
Your complainants further represent that they are advised and believe that they are entitled to recover from the said George Burress a reasonable amount for the rents, issues and profits of the said land, which he has converted to his own use.

At the time of the conveyance from Edward P. Moore and wife to the said George Burress, the said George Burress was married, his wife being ______ Burress, who is still living.

Being without remedy at law, your complainants come into a court of equity and pray that George Burress and _________ Burress, his wife, Rachael L. Radford and Robert L. Yost be made parties defendant to this bill, and be required to answer the same, but not on oath, oath being waived under the statute; that the said George Burress and _______ Burress, his wife, be required to convey to complainants the interest of complainants in the said one hundred (100 A) acres of land and that they recover from the said George Burress a reasonable amount for the rents, issues and profits derived from the use of said land, which the said George Burress has converted to his own use.

And the complainants pray for all such other, further and general relief as the nature of their case may require, or to equity shall seem meet. And they will ever pray, etc.

Signed Greever Gillespie
????????????????????????????????

To the Hon. W.J. Henson, Judge of the Circuit Court of Tazewell County.

The separate answer of Robert L. Yost to a bill in chancery exhibited against him in Court by Sarah E. Brooks and others, respectfully states that it is charged in said bill that until the last few months your respondent was friendly with the complainants and acknowledged that the One Hundred acres of land was held by his grandfather and co-defendant, George Burress, for the heirs at law of Jerome B. Yost, deceased, and that said heirs at law were real owners of said land, but that your respondent has recently become estranged from complainants and that complainants believe that your respondent has persuaded said George Burress to convert said land into money so as your respondent would finally get the proceeds thereof. This allegation must rest wholly in the imagination of the complainants, for there is not the slightest truth in it and your respondent denies it. Your respondent, since he has left the home of his grandfather, which was when he was about eighteen years old, has been working for himself and attending to his own business, and he is free to say that he believes the attempt to take said land from his grandfather by the complainants is one of ingratitude and very unjust and unfounded. It is true that your respondent was very young when his father died, and when his grandfather purchased said land and his father being very poor and diseased for several years before his death, your respondents mother and his sisters were taken to the home of their grandfather, some two or three years before he went upon the one hundred acres of land, and that respondents mother remained a short while with her father, then left all of the children, except Hattie, who she took away and carried from place to place for a while and then returned her to her grandfather, and his mother took away with her all of the household articles which belonged to his father.

Your respondents grandfather took good care of him and his sisters, clothed and fed them well, maintained them above want, and let them have education at the free schools in the neighborhood, by which, at least, your respondent has been able to go out into the world since he was eighteen years old and make a good living.
Your respondent knows the fact that his father left little or no personal property at his death, and respondent does not believe that he ever bought the land or negotiated to buy it from E.P. Moore, but he believes that his grandfather bought and paid for it.
Of this your respondent is certain, that this grandfather moved upon this tract of land while it was all in woods, built his dwelling-house and cut houses upon it, and cleared up one half of it with his own hands.
Wherefore your respondent prays hence to be dismissed, with his costs, etc.

Signed Henry & Graham, Counsel for Respondent.
??????????????????

To the Hon. W. J. Henson, Judge of the Circuit Court of Tazewell County, Virginia

Sarah E. Brooks and others, having exhibited a bill in chancery in this court against George W. Burress and others, the said George W. Burress comes and says that the matters and things alleged in said bill are not sufficient in law or equity to maintain the same; wherefore, the said George W. Burress demurs to said bill and prays judgment of the court thereon. For special causes of demurrer the said George W. Burress says:

1. The bill is with equity to sustain it

2. It seeks to obtain the relief prayed for by attempting to show a constructive trust, but the allegations thereof are insufficient, both in law and equity, to establish such trust

3. The lapse of time and change of circumstances, as well as the change of the character of the land as disclosed by the bill, are sufficient to deprive the complainants of relief in a court of equity.

If the foregoing demurrer should be overruled and the said defendant, George W. Burress, be required to answer said bill then he answers and says: That he is the owner in fee-simple of the one hundred acres of land in the bill mentioned, and conveyed to him by Edward P. Moore and wife by the deed dated the 21st day of May, 1888, a copy of which is filed as part of said bill (exhibit A) that he purchased this land himself and for himself, directly from the said Edward P. Moore and paid therefor the said sum of $350.oo the consideration mentioned in the deed.

Your respondent further represents and avers that the allegations of said bill, that Jerome B. Yost in his lifetime negotiated with the said Edward P. Moore for the purchase of said land, or that after the death of the said Jerome B. Yost, your respondent acting for the widow and children of the said Jerome B. Yost, purchased the said one hundred acres of land for the said wife and children of the said Jerome B. Yost, and paid for the same out of the money and property which the said Jerome B. Yost owned at the time of his death, are wholly unfounded and untrue, and your respondent further avers that each and all of the allegations of said bill, which are contrary to the statements hereinabove made by your respondent, namely, that he himself and for himself purchased said land from the said Moore and paid for same, are equally unfounded and untrue.

It is stated in said bill that the said Jerome B. Yost died in the year 1885, intestate, and that just prior to his death he was negotiation with Moore for said land; when the truth is that said Moore died not at that time own said land, and really acquired it by purchase at a judicial sale on the 20th of October, 1886, from J.W. Chapman, Commissioner, acting under decrees of a chancery cause then pending in the Circuit Court of Tazewell County, Virginia, which said sale was confirmed by decree on the 17th day of November, 1886, and the land conveyed by said Commissioner, Chapman, to the said Edward P. Moore, on the 23rd day of April 1888, by deed of that date, a copy of which said deed is filed as part of the answer, marked ?Moore.?

Your respondent further avers and represents that E.P. Moore, being the owner of a debt for which this land was sold at the judicial sale, wanted your respondent to purchase same at said judicial sale (Moore really paying $175.85 for said land) but your respondent would not do so, but in a very few days after Moore got a conveyance for said land he agreed to purchase the same from Moore, and on the 21st day of May, 1888, less than a month after Moore obtained his deed from the Commissioner, your respondent obtained his conveyance from Moore.

It is true, as stated in the bill, that your respondent is now over Seventy years of age and when he was much younger, by about twenty years, when he went upon this tract of land which was in an isolated place and all a heavy forest of timber, and your respondent at once after his purchase, took possession of this land, erected a little cabin on it, went to work clearing it up and has now cleared on it about fifty acres, and has erected thereon a better dwelling house of four rooms, a good frame barn, twenty feet square, well shedded around, corn cribs, meat house, good spring house, and planted out a good orchard, which has had time to grow up, and is now well bearing fruit ? so improving his said land, almost by his own individual labor, as to now make it worth not less than $2000.00 The said Jerome B. Yost was a son-in-law of your respondent and for many years before his death was in feeble health, afflicted with consumption and incurable, and for a few years before his death was unable to support himself and family, and having neither land and but little or no personal property, your respondent supported him and his family until he died; and after his death, paid some of his remaining debts, and his wife and children, three of whom are now complaints in this suit, came to your respondent?s house, when they were very small, complainants Sarah and Hattie remained with your respondent until they were married and Mary remained there 8 or 10 years, and the defendant, Robert L. Yost, stayed with your respondent until he was 17 or 18 years old. During that time your respondent had them to attend the free schools and clothed and fed them, and now he is being repaid, as in many times the case, with their ingratitude by attempting to drive out your respondent in his old age and render him homeless and helpless. His daughter, the wife of Jerome B. Yost, remained with your respondent until she unfortunately, behaved badly, and left your respondent?s home and married again, and never returned, abandoning at once all her children except the youngest, which she carried from place to place for a while, and finally returned her to your respondent. When she left, she took with her all the household articles which were left by her husband at his death. All this occurred before respondent moved on the said one hundred acres of land.

Your respondent further represents and avers, that Jerome B. Yost left no property at his death out of which to pay for said land. True, your respondent was what might be called a poor man when he purchased the land from Moore, but he had ample means to pay for same, which he did promptly. It is not true that the widow of Jerome B. Yost and the children worked the land. The widow was not there and the children were of tender years, and if any work they did, it was light and of no consequence. The allegations of the bill that your respondent stated to the widow of Jerome B. Yost that he would hold the whole of said land for the children of Jerome B. Yost, is wholly false and unfounded. It is also untrue that his co-defendant, Robert L. Yost, has persuaded your respondent to convert said land into money, with a view to himself finally getting it. This charge is reckless and unfounded. As evidence of the fact that our respondent has been always dealing with said land as his own and as he pleased and had a right to do several years ago, ten or more, he sold off a boundary thereof, probably eighteen or twenty acres, for two hundred ($200.00) and conveyed same which is now the property of one Charles Bowman.

Your respondent denies any and all allegations of the bill, inconsistent with the statements of this answer. Your respondent has denied the allegations of the bill and has shown that they cannot be true, but is advised by his counsel, as a question of law, that if the allegations of the bill were true (and they are not) that the lapse of time since your respondent purchased said land and took possession thereof, and the changes which have taken place, as shown on the face of said bill, and the want of legal or equitable facts set forth in said bill, and the insufficiency generally of said bill, should cause the court to dismiss same without annoying and harassing your respondent with making further defenses in this cause, not to mention the fact of the changes which your respondent has made by his labor and expenditures upon said land, and the great expense, trouble and care imposed upon him in rearing and maintaining the plaintiffs. And having fully answered, prays hence to be dismissed with his costs, etc.

Signed Henry and Graham, Counsel for Respondent.


Died:
Name Geo. W. Burress
Birth Date abt 1840
Birth Place Virginia
Death Date 7 Aug 1916
Death Place McDowell County, West Virginia
Death Age 76 years 5 months 2 days
Occupation Farmer
Race White
Marital Status Widowed
Gender Male

His granddaughter Hattie Yost Brooks was living in McDowell County at the time with her family. That is probably where he was. In 1928, when Sarah died, she was also at Hattie's residence. Looks like she took care of the grandparents in their old age.

George married Sarah "Sallie" Digges Noel on 9 Sep 1860 in Tazewell County, Virginia, and was divorced in Aug 1906 in Tazewell County, Virginia. Sarah (daughter of Fielding Noel and Sophia Taylor) was born on 18 April 1836 in Essex County, Virginia, USA; died on 11 May 1928 in Tazewell County, Virginia; was buried in 1928 in Maple Hill Cemetery, Bluefield, Tazewell County, Virginia. [Group Sheet] [Family Chart]

Other Events:

• Census 1870: 1870, Burkes Garden, Tazewell, Virgina, USA
• Witness: 1898, Tazewell County, Virginia; Both George and Sarah are witnesses in the divorce proceedings of Mary Francis and her husband.
• Census 1900: 1900, Jeffersonville, Tazewell, Virgina, USA
• -Bluefield News: 28 April 1928, Tazewell County, Virginia; The condition of Mrs. Sarah D. Burress, who is suffering with cancer, remains quite serious. Mrs. Burress is at the home of her niece, Mrs. J.T. Vaughan on 1st St.

Notes:

In June of 1900 George, 63 and Sarah, 64 were living in the Jeffersonville district of Tazewell County, with their 15 year old grand daughter, Hattie. By 1900 they had been married for 40 years. In August of 1906, George filed for divorce.

In 1900 George was still farming. George can not read or write, but Sarah can. George owns his farm free and clear.

Buried:
Sarah Digges Noel (1836-1927) was a daughter of Fielding and Sophia Taylor Noel. Sarah said she was born in Essex County. (More...)

Notes:

Divorced:
George W. Burress, Complainant VS. (Decree) Sallie Burress

This cause came on this day to be heard upon the complainant's bill, and the exhibits filled therewith; upon process returned duly executed on the defendant, Sallie Burress' and upon the depositions of witnesses taken before a commissioner in chancery, and filed on behalf of the complainant, and was argued by counsel. On consideration whereof, and it appearing to the court, independently of the admissions of either party, in the pleadings or otherwise, that the said parties were lawfully married on the ____ day of _____, 186__, that the said complainant and defendant have resided and have been domiciled in this county ever since the aforesaid marriage, and for more than one year next preceding the commencement of this suit; that the said Sallie Burress deserted her husband, George W. Burress, on the ___ day of August, 1906, in Tazewell County, without just cause; that the said complainant and defendant last cohabited in the county of Tazewell, and have not cohabited since the date of said desertion, and that the said George W. Burress has resided in Tazewell County for more than one year next preceding the commencement of this suit; the court doth adjudge, order and decree that the said George W. Burress and Sallie Burress be divorced from the bonds of matrimony, which was created by the aforesaid marriage, and that the said marriage be, and the same is, dissolved, and annulled, and this cause is ordered to be left from the docket.

Married:
George W. Burress, 21 Y 6 M 14 D and Sarah D. Noel 24 Y 5M and 22 D; Both Single, Both born and reside in Tazewell: Husband Parents: James and Frances Burress; Wife parents: Fielding and Sophia Noel. Husband: Farmer Married by: James Calfer

Other Events:

• Census 1830: 1830, Tazewell County, Virginia; Living in household 1 Male (James) 20-291 Female (Frances) 20-29
• Court: 24 Apr 1838, Tazewell County, Virginia
• Deed: 16 Jul 1844, Tazewell County, Virginia; Tazewell Deeds, Book 8, Page 266 , 16 July 1844
• Deed: 23 Sep 1845, Tazewell County, Virginia; Tazewell Co. Va, Book 8 Page 463 , 23 Sep 1845
• Court: 29 Aug 1847, Tazewell County, Virginia; William and James are plaintiff's against Wysor Adkins. These records don't indicate what the problem was only that it was eventually resolved by the parties. Tazewell County Law Order Book 1844-1859, 1847-1848. Law Book 1844-1859; Page 87 Law Book 1844-1859; Page 108 and 109 Law Book 1844-1859; Page 126 Law Book 1844-1859; Page 143 Law Book 1844-1859; Page 176
• Census 1850: 1850, Western District, Tazewell, Virginia
• Census 1860: 1860, Western District, Tazewell, Virginia
• Census 1870: 1870, Clear Fork, Tazewell, Virginia, USA; James is living in the household of Polly Cox as a border, with his son Benjamin. Year later James marries Polly and few years after that Benjamin married Polly's daughter Emily
• Homestead: 9 Nov 1872, Tazewell County, Virginia; Tazewell Co Va, Book 15, page 110 , 9 Nov 1872.
• Census 1880: 1880, Clear Fork, Tazewell, Virginia, USA; James list as farmer but hasn't worked in 12 months. In household, Polly Cox and her children, George, Norman, Emily, Virginia, and son Benjamin Burress. Can't read/write.

Notes:

Court:
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.

Court Records, 1832-1844; Page 243

Deed:
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.

Deed:
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

Court:
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. 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 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 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, 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, 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 Plaintiff VS. Same, Defendant Ordered that these causes be dismissed, the parties having agreed the same.

Census 1860:
1880 Non Population Census (Farm)

Rents for Share of Products: James Burress

Acres of Land Improved:

Tilled including fallow and grass in rotation, whether pasture or meadow) = 20

Meadows, pastures, orchards, vineyards = 100

Acres of Land Unimproved: Woodland and forest = 150

Farm Value:

Of farms, including land, fences & buildings = 6000 (4000?)
Of Livestock = 325? (not clear)

Estimated value of all farm production (sold, consumed,or on hand) = 150

Horses of all ages = 2

Milk cow = 1
Other = 19
Cavles Dropped = 1
Died, strayed, stolen, not recovered = 1

Butter made on the farm (lbs) = 50
On hand Jun 1, 1880 = 25 (lbs)

Lambs dropped = 40
Lambs/Sheep sold living = 12
Lambs/Sheep killed by dogs = 5

(Sheep) Clip, spring 1880, shorn and to be shorn:

Fleeces: 12 (40 lbs)

Swine on hand Jun 1, 1880 = 15

Poultry on hand Jun 1, 1880, excluding spring hatching:
Barn yard = 30
Other = 33
Eggs produced in 1879 = 100

14 Acres Indian Corn - Crop 400
6 Acres Wheat - Crop 49

Sorghum Sugar Acres in Crops = 1
Malasses (Gallons) = 50

Orchards (Apple) Acres = 1
Bearing Trees = 60
Bushels = 300

Total value of orchard products of all kinds sold or consumed = 20

Bees/Honey = 20 lbs

Amount of wood cut in 1879 = 80 cords

Homestead:
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)

Died:
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

Buried:
The decision to place him in this cemetery is from a Indenture/Deed Dated July 16, 1844 James and Mary Frances "Franky" Neel Burress put up 1/8th of the land for a loan from a Mr. Browne for the sum of $19.46, this was the land they were living on.

James married Mary Frances "Franky" Neel in 1830 in Russell County, Virginia, USA. Mary (daughter of Alexander Neel and Missouri "Miss" Kidd) was born in 1808 in Burkes Garden, Tazewell County, Virginia; died in 1869 in Tazewell County, Virginia; was buried in Burress Cemetery, Grapefield, Bland County, Virginia, USA. [Group Sheet] [Family Chart]

Other Events:

• Deed: 16 Jul 1844, Tazewell County, Virginia; James Burrass (sic) and Franky, his wife and George P. Thompson.
• Deed: 23 Sep 1845, Tazewell County, Virginia; James Burrass (sic) & Franky, his wife & George W.G Browne
• Census 1850: 1850, Western District, Tazewell, Virginia
• Census 1860: 1860, Western District, Tazewell, Virginia

Notes:

Deed:
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.

Deed:
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

Buried:
The decision to place her in this cemetery is from a Deed Dated July 16, 1844 Jms. & Frances put up 1/8th of the land for a loan from a Mr. Browne for the sum of $19.46, this was the land they were living on.

Fielding married Sophia Taylor on 12 Nov 1827 in Caroline County, Virginia. Sophia was born in 1803; died after 1860. [Group Sheet] [Family Chart]

Other Events:

• PP Tax List : 14 March 1797, Montgomery County, Virginia, USA; List of taxed property within district of James Hoge. Micajah Burris 1 males above 16, 1 Horse
• PP Tax List : 1798, Montgomery County, Virginia, USA; List of taxed property within district of James Hoge. Micajah Burress - 1 male 16+1 Horse; Amount of tax .9
• PP Tax List : 1799, Montgomery County, Virginia, USA; List of taxed property within district of John Hoge. Micajah Burress - 1 male 16+, 1 Horse, Tax .12
• Promissary Note: 17 Sep 1799, Montgomery County, Virginia, USA; On the first day of May next for value ??, I promise to pay to Abram Trigg the sum of Four pounds, fifteen shillings Virginia Currency as witness my hand in seal this 17th day of September 1799. Test. John Smith.
• PP Tax List : 10 March 1800, Montgomery County, Virginia, USA; List of taxed property within district of John Hoge. Micajah Burress - 2 male 16+, 1 Horse, Tax .12,
• Notice to Appear: 7 July 1800, Montgomery County, Virginia, USA; To the worshipful court of Montgomery Co, Abram Trigg humbly showeth, that Micajah Burress stands indebted to him 4 pounds 15 shillings by note and refuseth payment. Wherefore your petitioner prays judgement against him for the fame, with his costs.
• PP Tax List : 1 April 1801, Montgomery County, Virginia, USA; List of taxed property within district of John Hoge. Micajah Burress - 1 male 16+, 1 Horse, Tax .11
• Deed: 13 Jan 1802, Montgomery County, Virginia, USA; Micajah Burress asignee as above and on the last mentioned warrent enters 50 acres of land on the waters of the Barespring joining Isaac Chapmans land on the east side and extending along his lines towards John Grants & down toward the river for quantity
• PP Tax List : 16 March 1802, Montgomery County, Virginia, USA; List of taxed property within district of John Hoge. Micajah Burress - 1 male 16+, 0 Horse
• PP Tax List : 20 March 1803, Montgomery County, Virginia, USA; List of taxed property within district of John Hoge. Micajah Burress - 1 male 16+, 0 Horse
• PP Tax List : 13 March 1804, Montgomery County, Virginia, USA; List of taxed property within district of John Hoge. Micajah Burress - 1 male 16+, 1 Horse, Tax .12
• Purchase: 18 June 1804, Montgomery County, Virginia, USA; Early Adventure on the Western Waters Mary B. Kegley, Vol II Page 293, 18 Jun 1804. Philip Heavner estate which was appraised on June 18, 1804 and at the estate sale, hatter's implements were purchased by Micajah Burress.
• PP Tax List : 15 April 1805, Montgomery County, Virginia, USA; List of taxed property within district of John Hoge. Micajah Burress - 1 male 16+, 1 Horse, Tax .12
• PP Tax List : March 1806, Montgomery County, Virginia, USA; List of taxed property within district of John Hoge. Micajah Burress - 1 male 16+, 2 Horse, Tax .24
• PP Tax List : 11 May 1807, Montgomery County, Virginia, USA; List of taxed property within district of John Hoge. Micajah Burress - 1 male 16+, 2 Horse, Tax .36
• PP Tax List : 1809, Montgomery County, Virginia, USA; List of taxed property within district of John Hoge. Micajah Burress - 1 male 16+, 0 Horse, Tax .12
• Census 1810: 1810, Montgomery, Virginia, USA; Micajah and Rachel living next to a George and William McCoy, believe to old to be brothers, maybe William is her father?
• Deed: 1 May 1811, Montgomery County, Virginia, USA; M Burress assignee of Gordan Cloyd by virtue of land office treasury warrent enters 50 acres of land on the west side of New River to join John Smiths land at the upper corner of Smiths & extend up the branch & join a survey of 30 acres made for said Smith
• Land Warrent: 1812, Virginia, United States; Unindexed Bounty-Land Warrant Application Files, 1812-1855 Rank - Pvt; Unit - Va Mil, Capt James Hoge; Rejected - True (does this mean his claim was rejected? Why?; Year - 1812; Warrant # 55-219750 1
• Military: 1812, Virginia, United States; War of 1812 :: Micajah Burress :: 4 Regiment Virginia Militia Army :: Rank Induction and Discharged - Drummer (In the same Company as Anderson Burress) Virginia Mil, Capt James Hoges
• Land Grant: 10 Jun 1812, Montgomery County, Virginia, USA
• Summoned: 15 Mar 1814, Montgomery County, Virginia; Summons to appear. No other information so not sure what this was about. Summons James Hoge vs George Helm, Jacob Trinkle, Aaron Ingram, James Simpson, William Martin, Jacob Rutter, Micajah Burruss and Elias Shufflebarger We command you to summon (the above) to appear before the Justices of our County Court of Montgomery at the Court HOuse on the 1st Tuesday in June next then and there to answer a certain bill in chancery exibited against them by James Hoge. And this they shall in no wise omit under the penalty of 100 pounds each. And have them there this writ: Witness, Charles Taylor, Clerk of our said court at the court house the 15 day of March 1814 in the 38th year of the commonwealth.
• Estate Sale: 5 March 1817, Russell County, Virginia, USA; Purchased Plow & Geers and Bacon for 8.66 from Estate of Rob Owens
• Census 1820: 1820, Lebanon, Russell, Virginia, USA
• PP Tax List : 23 April 1821, Russell County, Virginia, USA; Amount of Tax 13 1/2
• PP Tax List : 1824, Russell County, Virginia, USA; Micajah Burress :: (Males over 16 ) 1 (Number of Mares and Colts) 2 (Amount of Tax) $0.24
• Census 1830: 1830, Russell, Virginia, USA; WM 5-9 = 1WM 10-14 = 1; WM 50-59 = 1; WF 5-9 = 1; WF 50-59=1
• Court Case: May 1834, Russell County, Virginia, USA; Complaint of William Nash against Micajah Burress for unlawfully withholding 20 acres.
• Census 1840: 1840, Russell, Virginia, USA; Younger woman living in home. Is this Elizabeth that Micajah would later marry? Perhaps a deceased son's wife or servant?
• Court: Mar 1849, Russell County, Virginia, USA; Micajah Burress and Elizabeth Francis for Lewdness Law Order Books, Law Order Book 12 Page 200.
• Census 1850: 1850, District 54, Russell, Virginia, USA
• Court: 4 Aug 1852, Montgomery County, Virginia, USA; Looks like Sidney, Micajah's dau (if she was his & didn't just take his name) was 6 when M died & she was bound out after his death to a fam named Musick, who she was living with in 1860. By 1870 her and her mother Eliz are living w/ Judy Fraley.
• Will: 13 Aug 1852, Russell County, Virginia, USA; An Inventory of Micajah Burress' Estate

Notes:

Birth:
1850 Census claims Bedford as birth place?

Name:
Name can also be spelled Micager

Land Grant:
Micajah Burress assigns and transfers his entry of 50 acres made 1st May 1811 in page 330 to John Smith

Census 1820:
WM under 10 = 4; WM 16-18 =1; WM 16-25 = 1; WM over 45 = 1; WF under 10 = 3; WF 10-15 = 2; WF 16-25 = 2; WF 26-44 = 1; WF over 45 = 1, persons in Agriculture = 2; persons in manufacturing = 1

Court Case:
May 10th and 31st 1834 (Russell County Law Order Book, Book 10 Page 139, 10 May 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 tenement aforesaid, and to find a true verdict thereon according to the evidence, and having retired from the bar after some time returned into coury with a verdict in these words:

"We the jury find that the defendant did at the time of the exhibition of the complaint filed in this court, hold possession of the tenement 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.

Court:
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.

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

Law Order Books.
Russell County Law order Book 12 Page 448

Will:
An Inventory of Micajah Burress' EstateWe 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.

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 administration 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.

Russell County, Virginia Will Books, Vol 6 Page 383 & 511, 13 Aug 1852.

Died:
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 administrated according to law.

Russell County Law Order Book, Book 12 Page 448.

Micajah married Rachel McCoy on 20 Oct 1795 in Montgomery County, Virginia, USA. Rachel (daughter of ? ? and Rachel) was born in 1779 in Montgomery County, Virginia, USA; died in June 1855 in Pike County, Kentucky, USA. [Group Sheet] [Family Chart]

Other Events:

• Census 1850: 1850, Pike County, Kentucky, USA; Is this the Rachel McCoy that married Micajah or a different one? M.is living with a woman named Elizabeth, that he may have married at some point in the early 1850's, and he couldn't have done that unless there was a divorce which seems unlikely.

Notes:

Census 1850:
Rachel is living with a daughter Mary Ann Burress McCoy and a son David Burress....is this Rachel McCoy who married Micajah Burress and two of their children?

Died:
Was the Rachel Burriss that died in Pike County, Ky - the Rachel McCoy who married Micajah Burress? If she is the same Rachel, why did she leave Micajah? Was it because he took up with a younger woman?

Other Events:

• Witness: Jul 1800, Tazewell County, Virginia; Witness for John Justice VS Peter Rife Sr.
• Tax List: 13 May 1802, Tazewell County, Virginia; 1 Male over 16, 4 Horses, mares colts or mules. Alexander lived near his father on Wolf Creek
• Court: 15 Aug 1802, Tazewell County, Virginia; John Justice, vs Peter Riffe, Alex. Neel, Moses Justice & Geo. Justice each proved 1 days attendance at a former court & 1 at this court.
• Court: 17 Sep 1802, Tazewell County, Virginia; William George & Co. VS Robert & Alexander Neel. Debt. Dismissed by plaintiff order at defendants costs.
• Tax List: 9 May 1803, Tazewell County, Virginia; 1 Male over 16, 3 Horses, mares colts or mules.
• Court: 14 Jun 1804, Tazewell County, Virginia; John Crockett vs. Zachariah Elkins. Petition & summons. Alexander Neel, Duncan Neel, & William Jeffery proved one days attendance each for the Plaintiff
• Tax List: 22 Apr 1806, Tazewell County, Virginia; 1 Male over 16, 3 Horses, mares colts or mules.
• Court: 26 June 1806, Tazewell County, Virginia; John Pruett v John Justice. Trover. Not guilty plead. Jury includes: Thomas Burriss. Verdict: for plaintiff. $25 Deft. filed errors in arrest of judgement, laid over until tomorrow Alex Neel witness for plaintiff.
• Court: 27 June 1806, Tazewell County, Virginia; Daniel Justice vs. John Power. Samuel Walker & Hez Harman witness for plaintiff: Oliver Wynne, Alexander Neel, Duncan Neel and William Day witness for Defense.
• Tax List: 1810, Tazewell County, Virginia; Alexander NeelWhite Tithables - 1; Slaves over 12 years - 0; Horses - 2
• Petition: 25 Apr 1810, Tazewell County, Virginia; Petition of William Hall & others for road from Thomas Cassidays to David Waggoners. Ordered Joe Hick, Alex Neel, Fred Cook & John Justice (any 3) view the way begin & T Cassiday, passing Fred Cook, Thomas Neels, etc, and report.
• Census 1820: 1820, Tazewell County, Virginia; WM >10=3 WM 10-15=2; WM 16-18=2; WM 16-25=2; WM 26-44=1, WF >10=3; WF 10-15=1; WF 16-25=1; WF 26-44=1 (no slaves)
• PP Tax List : 27 April 1820, Tazewell County, Virginia; 3 Male over 16, 3 Horses, mares colts or mules.
• Census 1830: 1830, Tazewell County, Virginia; 1 male under 5; 4 males 5-9; 1 male 10-14; 1 male 20-29; 1 male 50-59; 1 female 5-9; 2 females 15-19; 1 female 30-39 (it seems after Missouri died, another woman with small children moved in, probably his daughter Hetty, to help care for the family.
• Deed: 17 Aug 1831, Tazewell County, Virginia; Deed between the heirs of Thomas Neel referenced as being "the said land William McFarlin sold to said Thomas Neel below part of the survey land William McFarlin used to live on"
• Deeds: 9 Jan 1839, Tazewell County, Virginia; Mary Neal relinquishes title bond which was given her by James McFarlane, deceased.
• Census 1840: 1840, Tazewell County, Virginia; 1 male 5-9; 2 males 10-14; 1 male 20-29; 1 male 60-69; 1 female 15-19; 1 female 40-49. 4 persons engaged in agriculture.
• Deed : 26 Dec 1842, Muddy Fork of Wolf Creek, Tazewell County, Virginia; William and Alexander Neel sell land to their sister Mary Neel

Notes:

Witness:
William Day, Alexr. Neel, and Gabriel Rife prove one day attendance as witness for defendant in above case.

Deeds:
Alexander Neal, Wm Neal & Mary Neal of Tazewell to Elizabeth McFarlane, Malinda McFarlene & James McFarlane of Russell County, Virginia, Mary Neal relinquishes title bond which was given her by James McFarlane, deceased, to Lyda place, made by Thomas Neal and William McFarlane, deceased. Muddy fork for Wolf Creek in Tazewell County, VA.

Deed :
This indenture made and entered unto this 26th day of December 1842 between William Neel and Alexander Neel Sr. of the country of Tazewell and State of Virginia of the first part and Mary Neel of county of Tazewell and state aforesaid of the second part witnesseth that the said parties of the first part for and in consideration of a valuable sum to them in hand paid the receipt whereof is hereby acknowledged has bargain, sold and by these presents do grant, bargain, sell, convey unto the said part of the second part her heirs and assigns forever all their interest in and to a certain tract or parcel of land situated lying and being in the county of Tazewell on the muddy fork of Wolf Creek continuing 150 acres more or less being the lands Mary Neel now lives on west of the lands of Jacob Gose and east of the lands of the heirs of Peter Gose ?? to have to hold said parcel of land with all the appurtenances to the same belonging as in any use appertaining unto the said party of the second part her heirs and assigns forever free from the claims of the said party of the first part and from all and from every person whatsoever claiming ?? Through as by their will warrant and forever defend in witness whereof the said parties of the first part have hereto set their hand and seals the day and year first above written.

Phillip Lambert Alexander Neel
John Neel William Neel
Zachariah Neel

In the clear office of Tazewell County court Jan 18, 1845 Alexander Neel Acknowledged this indenture of bargain and sale to be his act and deed before me George W. Browne

In Tazewell County Court Feb 27, 1845 This deed was known to be the act and deed of William Neel by the oath of John Neel and Zach Neel Witnesseth. George W. Browne

Died:
Was listed as deceased in 16 July 1844 deed of James Burress (*see James Burress & Frances Neel)

Buried:
Neel Family Cemetery Rt. 61 abt 3 miles East of CR-722 on left Cove Creek Tazewell County Virginia USA (no stone left for Alexander)

Alexander married Missouri "Miss" Kidd in 1799 in Virginia, United States. Missouri (daughter of John Kidd, Sr. and Selia Anderson (?)) was born in 1783 in Amherst County, Virginia; died in 1828 in Wolf Creek, Tazewell County, Virginia; was buried in Neel Family Cemetery, Cove Creek, Tazewell County, Virginia, USA. [Group Sheet] [Family Chart]

Notes:

Source information on the name of Missouri/Caroline Kidd: There doesn't seem to be much documented proof on the name of Alexander Neal's wife. I've seen it listed both as Caroline and Missouri. I am leaning toward the Missouri, as I have the source of this name, but not the source of where Caroline came from. No one seems to bother with sourcing anymore, so no one can tell me where the name Caroline came from. The following information is from Orval Hodges (Boondocks38@aol.com):::: My Grandfather Osker Franklin Neel said that they call her Miss Kidd and the Miss was for Missouri. She was not named from the State, her name is a Illinois Indian name the refers to a canoe. But in my first find of anything referring to Missouri was in the Waggoner Family book in the Virginia Room of the Tazewell Library, there she is referred to as "Miss Kidd". I'm not going to dispute the Caroline connection but in my family she was never called Carolline. And also for your information she has five grandchildren and great grandchildren named Missouri after her. Missouri Kidd Neel was my grandfathers Great Grandmother and one great thing about my Neel ancestors, some of them like to talk about their family. Mother had a Uncle named Daniel Alexander Neel (Grandson of Missouri Kidd Neel) and I could talk to you all day about the stories that came from Uncle Daniel. Let me tell you a short story about Missouri Kidd. My great aunt Minnie Roland Blankenship (sister to my Grandmother Cora B. Roland Neel) told me this story, it involved aunt Minnie and my mothers Uncle Daniel Neel, Uncle Daniel had a lot of horse and he was a great horseman. He was teaching Aunt Minnie how to ride a horse and during this time of training Uncle Daniel told Aunt Minnie that girls could learn to ride just like a man and he repeated that 'Missouri Kidd Neel' his great grandmother could and did ride a horse as good as any man, she could also load and shoot a muzzle loading gun. Miss Kidd Neel would ride from Wolfe Creek to what is now known as Pearisburg Virginia and back then you had to ford Wolfe Creek nine times to get there, just to visit with her Aunt Deborah Kidd Peery. So to make a point that her name Missouri has been in our folk lore a long time. Continuing email... Well Michelle the Deed you are probably speaking of, I had in my files but just never jumped at it until I was look at what you had brought up. You can see that I have put James Burress and Mary Frances aka Franly Neel Burress in the Burress Cemetery that states where the farm was that James Burress and Franky got a Indenture Deed loan of $19.46 on Jul 16 1844. I figured they would have been buried there. For your information the Burress Cemetery should be called Burress-Neel Cemetery because there are 12 Neel's buried there but it was set up as Old Neel Cemetery. When they finally sold off the farm Thomas Neel b 14 Feb 1815 died 1907 ( Mary France Neel Burress younger brother) he was buried in the Neel Family Cemetery with his mother and father.