Samuel Totten Sr.

Other Events:

• Tax List: 1800, Wythe County, Virginia; Wythe Co, VA Tax List A 17 Apr 1800 John Totten,1 male over 16, 3 horses Sam'l Totten, 1 male over 16, 3 horses Amos Totten, 1 male over 16, John Sam'l Amos were contacted on the same day Henry Stephen, indicaticating they lived close to each other.
• Deed: 4 Oct 1804, Wythe County, Virginia; John and Drusy Totten to Samuel Totten, Deed Book 4 Page 192, Wythe Co. Va. 100.00. 100 acres, Rich Valley, N. Fork of Holstone River
• Census 1810: 1810, Wythe County, Virginia; Living close to Father John
• Census 1820: 1820, Evensham, Wythe County, Virginia; Living close to father John
• Deed: 13 May 1824, Rich Valley, Wythe County, Virginia; John Sr. & Drusilla Totten to Samuel Totten Sr., Deed Book 9, page 571, Wythe co., Va., $252.00 acres, Rich Valley
• Census 1830: 1830, Wythe County, Virginia
• Estate: 1826-1835, Wythe County, Virginia; Tottens VS. Totten?s Heirs John Totten, Sr. Estate Page 23 ? 30, 1835-1843, Vol. 2, Circuit Superior Court of Law & Chancery ?Pleas?, Wythe County, Va.
• Census 1840: 1840, Smyth County, Virginia
• Census 1850: 1850, Smyth County, Virginia

Notes:

Deed:
John and Drusy Totten to Samuel Totten, Deed Book 4 Page 192, Wythe Co. Va.

100.00. 100 acres, Rich Valley, N. Fork of Holstone River, 4 Oct. 1804

This indenture made this fourth day of October eighteen hundred and four between John Totten and Drusy his wife of Wythe and State of Virginia of the one part and Samuel Totten of the County and State aforesaid

Witnesseth that for and in consideration of the sum of One hundred dollars to them in hand paid the receipt whereof the said John Totten and Drusy his wife to hereby acknowledge to give grand bargain and sell unto the said Samuel Totten and his heirs forever one certain parcel of land lying in Wythe County in the Rich Valley on the waters of the North Fork of Holston river containing one hundred acres more of less and bounded as followeth to wit. Beginning at a Walnut and Sugartree thence with the line of partition between the said John and Samuel Totten.

N11 E49 poles to a large lynn N7 degrees W40 poles to a white oak and sugartree N25 degrees W40 poles to a hickory N30 W34 poles to a buckeye and hickory N25 degrees W40 poles to a walnut N13 degrees W68 poles to a white oak S65 degrees W50 poles to a stony ridge S160 poles to three Lynns N53 degrees E90 poles to a large black oak and thence to the beginning with its appurtenances to have and to hold the said parcel of land with its appurtenances to the sole use and behoof of the said Samuel Totten and his heirs forever and the said John Totten and Drusy his wife forever warrant and defend the said land against all person and persons whatsoever in witness whereof the said John Totten and Drusy his wife have hereunto subscribed their names and affixed their seals the day and year above written.

At Wythe December Court 1804. John Totten, Drusilla Totten (her mark) This indenture of bargain sale from John Totten and Drusilla his wife to Samuel Totten was presented in Court and the said John Totten not being able to attend to make his acknowledgement of the same the said Drusilla his wife came into court and being privately examined according to law consented that the said indenture may be recorded acknowledgement of John Totten. Recorded this book page 399. Teste. R. Crockett C.C.

Deed:
This Indenture made this 13th day of May in the year of our Lord 1824 between John Totten, Sr. and Drusilla his wife of the County of Wythe and State of Virginia of the one part and Samuel Totten, Sen'r of the County and State aforesaid of other part

witnesseth that for and in consideration of the sum of two hundred and fifty two dollars lawful money, of this Commonwealth to them in hand paid at or before the ensiling and delivery of these presents the receipt whereof is hereby acknowledged do give grant bargain and sell and by these presents have bargained and sold unto the said Samuel Totten Sen'r. one certain tract or parcel of Land containing thirty six acres lying in the Rich Valley bounded as followeth to wit beginning at a sugar tree and ash thence north 4 degrees E 23 poles to a hickory north 55 degrees E. 40 poles to a dead sugar tree north 33 degrees E. 13 poles to a sugar tree north 24 degrees W. 90 poles to a Stake near a Sugar tree marked South 51 degrees W. 60 poles to a hickory on a line of division between said Tottens south 24 degree E. 41 poles to a sugar tree and white oak and south 7 degrees E. 49 poles to the beginning to have and to hold the said parcel of land with all its appurtenances to the sole use and behoof of the said Samuel Totten, Sen'r. and his heirs forever and the said John Totten Sen'r. & Drusilla his wife will forever warrant and defend the said land against the lawful claim or claims of all and every person or persons whatsoever.

In witness whereof the said John Totten Sen'r. and Drusilla his wife hath hereunto affixed their Seals the day and year first above written. John Totten Sen'r, Seal Drusilla Totten, Seal Wythe County to Wit We Evan Davis and James Davis Justices of the peace in the County aforesaid do hereby certify that John Totten Sen'r. and Drusilla his wife parties to a certain deed bearing date from the 13th May 1824 and hereto summoned personally appeared before us and acknowledged the same to be their act and deed and desired us to certify the said acknowledgment to the clerk of the County Court of Wythe in order that the said deed may be recorded.

Given under our hand and seals this 13th day of May 1824 Evan Davis, Seal Jas Davis, Seal Virginia At a Court held for Wythe County the 8th day of June 1824.

This Indenture of Bargain & Sale from John Totten Sr. and Drusilla his wife to Samuel Totten Sr. together with the Certificate of acknowledgement and privy examination annexed was returned to Court and Ordered to be recorded. Teste J. P Mathews, CC

Estate:
Tottens VS. Totten?s Heirs John Totten, Sr. Estate
Page 23 ? 30, 1835-1843, Vol. 2, Circuit Superior Court of Law & Chancery ?Pleas?, Wythe County, Va.

Virginia: At a Circuit Superior Court of Law and Chancery held in Wythe County at the Courthouse, on Tuesday September 15th 1835.

Before James E. Brown Esquire Judge

Be it represented that heretofore to wit on the 18th day of December 1826 came Samuel Totten, John Totten and Peter Totten by their Counsel and issued out of the Clerk?s Office of the late Superior Court of Chancery helden at Wythe Courthouse a subpoena in Chancery against John Deskin, and others which was returned ?not executed on any of the defendants.?

And at June Rule, 1827, came the plts. By their counsel and filed their Bill which is as follows: To his honor, the Judge of the Superior Court of Chancery holden at Wythe Courthouse. The Bill of Complaint of Samuel Totten, John Totten and Peter Totten of the County of Wythe would respectfully represent that on the fifth day of June in the year 1825, they entered into articles of agreement with their father, John Totten Senior by which the said John Totten Sen. Leased during his own life, and the life of his wife, a certain part of his land called the ridge filed to your Orator Samuel for which your said Orator was to pay one third part of the crops raised on the said land the small grain to be delivered in the barn and the corn in the Crib and at the death of the said John Totten Senior and his wife, the said Samuel was to have the said land called the ridge field, and the tract containing ___ acres of the land called the mountain survey. And he, the said John Totten Sr. by the same instrument, rented the balance of his lands for the like term and on the same conditions to your Orators John and Peter and after the death of the said John Totten Sr. and the death of his wife, your said Orators John and Peter were to have the land so rented to them to be equally divided between them ? all which will more fully appear from the said Article of agree ??? (missed)

Your Orators further represent that the said John Totten Senior, on the same day ?? the said article of agreement was executed duly made and published his last will and testament by which he bequeath and devised to his wife his dwelling house during her life time and all his moveable property absolutely. And the said John Totten Sen. Departed this life on the ___ day of ___ 1826 without having altered or revoked his said will which has been duly proved and admitted to record in the County Court to Drucilla, the widow of the said John Totten Sen. A copy of which will is herein exhibited marked B.

Your Orators further represent that in pursuance of the agreement aforesaid they took possession of the said land and proceeded to cultivate the same and pay the rent, agreeably to said contract, they have also made considerable improvement on the said lands as well before as after executing the said article of agreement.

Your Orators are advised that they said Article of agreement does not convey to them the legal title to the said lands subject to the payment of one third part of the crops raised on the same to Drusilla the widow during her lifetime, and to her peaceable and undisturbed enjoyment of the dwelling house to which she is entitled under the will of the said John Totten Sr. as was the agreement and intention of the parties. They therefore pray that John Deskins and Polly his wife, Nathaniel Bryant & Sally his wife, Henry Koler and Rebecca his wife, John Koler and Nancy his wife, William Davis and Viney his wife, James Light and Charity his wife, Isaac Hennigar & Drucilla his wife, the said females being daughters of the said John Totten Sr. Amos Totten, James Totten, Isaiah Totten and John McCarley who is the heir at law of Rachel McCarley dec?d who was a daughter of the said John Totten Sr. and Drusilla the widow of the said John Totten Sr. dec?d may be made parties defendant to this bill and be required to answer the same on oath as fully and as completely as if the several allegations were again repeated and interrogated that the defendants may be decreed to convey to your Orators the legal title to the said lands subject to the rights of the widow under the agreement and will aforesaid, and that your honor may grand unto your Orators such further and general relief that premises as is equitable may it please your Honor to grant to yours Orators the Courts writ of Spa. directed.

Draper for Complts.

And the motion of the Complts. A new subpoena was awarded them, was accordingly issued but not executed. And at August Rules 1827 until which time this cause was continued, a new subpoena was awarded the complts. Which was issued but does not appear to have been executed.

And at November Rules 1827, until which time this cause continued ? the defendants Henry Moler & Rebecca his wife, Isaiah Totten & John McCarley not having entered their appearance and gave security according to the act of assembly and the Rules of this Court; and appearing from satisfactory evidence that they are not inhabitants of the Commonwealth; on the motion of the plaintiffs by their counsel it is ordered that they said Defendants appear here on the first day of the next and answer the Bill of this Plaintiffs, and that a copy of this order be forth with inserted in some newspaper published in this commonwealth for two months successively, and posted at the front door of the Courthouse in Wythe County.

On copies of the last order are affidavits as follows:

Wythe County to wit:

This day personally appeared before me J.A. Sanders a justice of the Peace for Wythe County, John G. Ustich and made oath that he had published the annexed notice in his paper the Wythe Gazette for two months successively ? Given under my hand this 20th day of May 1828 J.A. Sanders

Wythe to Wit: James E. Brown this day made oath before me a justice of the peace in and for the court aforesaid that he posted a copy of this order at the front door of the courthouse of Wythe on the 18 day of February 1828. Given under my hand this 24 day of May 1828. John Stanger.

And on the motion of the complts. A new subpoena was awarded to them against the defts. Which was issued as follows:

The commonwealth of Virginia, to the Marshall of the Wythe Chancery District Court, Greeting: You are hereby commanded to summon John Deskins & Polly his wife, Nathaniel Bryant and Sally his wife, John Moler and Nancy his wife, William Davis and Viney his wife, Issac Hinnegar and Drucilla his wife, Amos Totten and James Totten to appear before the Judge of our Superior Court of Chancery holden at Wytth Courthouse on the first day of the next term to answer a bill in chancery executed against them and others by Samuel Totten, John Totten and Peter Totten unless they shall answer the said Bill within four months thereafter the Court will take the same for confessed and decree accordingly. And this they shall in no wise omit; under the penalty of L100. And hand them there this writ. Witness James E. Brown, Clerk of our said Court at Wythe Courthouse, the 11th day of January 1828, in the 52nd year of the Commonwealth. J. E. Brown.

Marshalls returns ? Executed on John Deskins and Polly his wife April 16th 1828. Harold Smyth M.W.C. D.C. Executed on John Moler and Nancy his wife, Isaac Hinnegar and Drucilla his wife and Sally Bryant May 13 1828. Jesse McComa D.W. for Harold Smyth M.W.C. D.C.

The defendants William Davis & Vicey his wife and James Totten not having entered their appearance and given security according to the Act of assembly, and the Rules of this Court, and it appearing from satisfactory evidence that they are not inhabitants of this Commonwealth, on the motion of the Plaintiffs by their counsel ? it is ordered that the said defendants appear here on the first day of the next term, and answer the bill of the plts. And that a copy of this order be forthwith inserted in some newspaper published in this commonwealth for two months successively and posted at the front door of the courthouse of Wythe County. On copies of which order we the following affidavits:

This day Harold Smyth one of the editors of the Western Virginia Argus a paper printed at Wythe Courthouse made oath before me a justice of the peace for said County that the annexed order of publication against William Davis and wife and James Totten has been duly published in the said paper for two months successively ? Given under my hand this 28th October 1828. Shepd Brown

Wythe County to Wit:

This day Cornelius Eskridge made oath before me William H. Miller a justice of the peace for the County aforesaid that on the 27th day of August 1828 he posted at the front door of the courthouse of the said County a copy of the within order. Given under my hand this 28th day of October 1828. W. H. Miller

And on motion of the Complts. New subpoenas were awarded them against the Defts. Light and wife and Amos Totten which were issued but not executed.

And at November Rules 1828, June Rules 1829, October Rules 1829 and June and November Rules 1830 ? New subpoenas were awarded the Complts; which were issued but not executed.

And at April Rules 1832 until which time this cause was continued ? Case the Complts. By their counsel and set this cause down for hearing.

And at an intermediate term of the Circuit Superior Court of Law and Chancery aforesaid, held on Wednesday July 24th 1833, until which time this cause was continued. On the motion of the plaintiffs by their counsel a new subpoena is awarded them against the defendant Amos Totten to be directed to the sheriff of Logan County, and also a new subpoena against the defendants James Light and Charity his wife to be directed to the Sheriff of Kanawha County returnable to the next term till which time this cause is continued. The said new subpoenas were issued but are not executed.

And at a Circuit Superior Court of Law and Chancery aforesaid held on Monday April 21st 1834. On motion of the plaintiffs by their counsel a new subpoena is awarded them against the defts. James Light and Charity his wife to be directed to the Sheriff of Fayette County, returnable here at the next term, until which time this cause is continued. The said subpoena was issued as follows:

The commonwealth of Virginia to the Sheriff of Fayette County, Greeting ? You are hereby commanded to summon James Light and Charity his wife to appear before the judge of our Circuit Superior Count of Law and Chancery holden for Wythe County at the Courthouse on the first day of the September term next to answer a bill in chancery exhibited against them and others by Samuel Totten and others and unless they shall answer the said Bill with four month thereafter, the court will the same for confessed and decree accordingly. And this they shall in no wise omit under the penalty of L100. And have them there this writ. Witness John Foster, Clerk of our said court at Wythe Courthouse the 7th day of May 1834 in the 58th year of the commonwealth. John. Foster, C.C.

Sheriffs Return. Executed the 10th day of Jun 1834 by delivering to the within named Charity Light a true copy not finding James Light left with his wife another copy and read and explained the same to her.

Wm Tyree D.S. for William Cainefix, Sheriff.

And at a Circuit Superior Court of Law and Chancery aforesaid held on Thursday 18th September 1834. On the motion of the plaintiffs by their counsel a new subpoena is awarded against the defendants James Light and Charity his wife to be directed to the Sheriff of Fayette County returnable here at the next term.

And at a Circuit Superior Court of Law and Chancery aforesaid held on Friday September 19th 1834. The new subpoena awarded at the last term against James Light and wife directed to the Sheriff of Fayette County having been returned executed. It is ordered that the order entered in this cause on yesterday awarding a new subpoena against the said Light and wife be set aside.

And at a Circuit Superior court of Law and Chancery aforesaid held on Wednesday September 24th, 1834. On the motion of the plaintiffs by their counsel a new subpoena is awarded them against the defendants Drucilla Totten and Amos Totten returnable here at the next term.

The following Subpoenas were issued.

The Commonwealth of Virginia to the Sheriff of Tazewell County Greeting You are hereby commanded to summon Drucilla Totten and Amos Totten to appear before the Judge of our Circuit Superior Court of Law and Chancery holden for Wythe County, at the Courthouse on the first day of the next term to answer a bill in Chancery exhibited against them and others by Samuel Totten, John Totten and Peter Totten and unless they shall answer the said bill within four months thereafter the Court will take the same for confessed, and decree accordingly. And this they shall in no wise omit under the penalty of L100 and have them there this writ ? Witness John Foster Clerk of our said Court at Wythe Courthouse the 13 day of October 1834 in the 59 year of the Commonwealth. Jno Foster C.C.

Return ? Executed by delivering a copy of the within to Drusilla Totten and by sending a copy to Amos Totten by his son who lives with said Totten . W.P Wynn D.S. for Jno Wynn S.T.C

The Commonwealth of Virginia to the Sheriff of Smyth County Greetings. You are hereby commanded to summon Drucilla Totten to appear before the Judge on Circuit Superior Court of Law and Chancery holden for Wythe County at the Courthouse on the first day of the next term to answer a Bill in Chancery exhibited against them and others by Samuel Totten, John Totten, and Peter Totten and unless they shall answer the said Bill with four months thereafter the court will take the same for confessed and decree accordingly. And this they shall in no wise omit under the penalty of L100. And have them there this writ ? Witness John Foster, Clerk of our said Court at Wythe Courthouse, the 13th day of October 1834 in the 59th year of the Commonwealth. Jonn Foster C.C.

And at April Rules 1832 until which time this cause was continued came the complainants by their counsel and set this cause down for hearing.

And at an Intermediate term of the Circuit Superior Court of Law and Chancery aforesaid, held on Wednesday July 24, 1833, until which time this cause was continued. On the motion of the plaintiffs by their counsel a new subpoena is awarded them against the defendant Amos Totten to be directed to the sheriff of Logan County, and also a new subpoena against the Defendants James Light and Charity his wife to be directed to the Sheriff of Kanawha County returnable to the next term till which time this cause is continued. The said new subpoenas were issued but not returned.

And at an intermediate term of the Circuit Superior Court of Law and Chancery aforesaid held on Thursday28th February 1834 until which time this cause was continued. On the motion of the Plaintiffs by their counsel a new subpoena is awarded them against the Defendants James Light and Charity his wife to be directed to the Sheriff of Fayette County and returnable here at the next term. The said new subpoena was issued but not executed.

And at a Circuit Superior Court of Law and Chancery aforesaid held on Monday April 21th, 1834. On motion of the plaintiffs by their counsel a new subpoena is awarded them against the defendants James Light and Charity his wife to be directed to the Sheriff of Fayette County, returnable here at the next term, until which time this cause is continued. The said subpoena was issued as followed:

The Commonwealth of Virginia to the Sheriff of Fayette County, Greeting ? You are hereby commanded to summon James Light and Charity his wife to appear before the judge of our Circuit Superior Court of Law and Chancery holden for Wythe County at the Courthouse on the first day of the September term next to answer a bill in chancery exhibited against them and others by Samuel Totten and others and unless they shall answer the said bill with four months thereafter, the court will the same for confessed and decree accordingly. And this they shall in no wise omit under the penalty of L100. And have them there this writ. Witness John Foster, Cleark of our said court at Wythe Courthouse the 7th day of May 1834 in the 58th year of the Commonwealth. John Foster, CC.

Sheriffs Return. Executed the 10th day of June 1834 by delivering to the within named Charity Light a true copy not finding James Light left with his wife another copy and read and explained the same to her. William Tyree D.S for William Cairefix, Sherriff.

And at a Circuit Superior Court of Law and Chancery aforesaid held on Thursday 18th September 1834. On the motion of the plaintiffs by their counsel a new subpoena is awarded against the defendants James Light and Charity his wife to be directed to the Sheriff of Fayette County returnable here at the next term.

And at a Circuit Superior Court of law and chancery aforesaid held on Friday September 19th, 1834 The new subpoena awarded at the last term against James Light and wife directed to the Sheriff of Fayette County having been returned executed. It is ordered that the order entered in this cause on Yesterday awarding a new subpoena against the said Light and wife be set aside.

And at a Circuit Superior Court of Law and Chancery aforesaid held on Wednesday, September 24th, 1824. On the motion of the plaintiffs by their counsel a new subpoena is awarded them against the defendants Drucilla Totten and Amos Totten returnable here at the next term. The following subpoenas were issued:

The Commonwealth of Virginia to the Sheriff of Tazewell County Greeting. You are hereby commanded to summon Drucilla Totten and Amos Totten to appear before the Judge of our Circuit Superior Court of law and Chancery holden for Wythe County, at the Courthouse on the first day of the next term to answer a bill in Chancery exhibited against them and others by Samuel Totten, John Totten and Peter Totten and unless they shall answer the said bill within four months thereafter the Court will take the same for confessed, decree accordingly. And this they shall in no wise omit under penalty of L100 and have thee there to writ ? Witness John Foster Clerk of our said Court at Wythe Courthouse the 13 day of October 1834 in the year of the Commonwealth. John Foster C.C.

Return ? Executed by delivering a copy of the within to Drucilla Totten and by sending a copy to Amos Totten by his son who lives with said Totten. W.P. Wynn D.S. for John Wynn S.T.C.

The Commonwealth of Virginia to the Sheriff of Smyth County, Greetings, you are hereby commanded to summon Drucilla Totten to appear before the Judge on Circuit Superior Court of Law and Chancery holden Wythe County at the Courthouse on the first day of the next term to answer a bill in chancery exhibited against them and others by Samuel Totten, John Totten and Peter Totten and unless they shall answer the same bill within four months therefore the court will take the same for confessed and decree accordingly this they shall in no wise omit under the penalty of L100. And have them there this writ ? Witness J. Foster, Clerk of our said Court at Wythe Courthouse, the 13th day of October 1834 in the 59 year of the commonwealth, John Foster, CC.

Return executed December 1st 1834 A.H. Atkins D.S for S.W. Davis, S.S.C the following papers are filed ? Wythe County to wit: This day John Totten made oath before me the subscriber a justice of the Peace for the County aforesaid that Henry Moler and Rebecca his wife, John McCarley and Isaiah Totten are not residents of the Commonwealth of Virginia ? Given under my hand this 12th of December 1826. John Stanger. Exhibit A. Articles of Agreement made and entered into this fifth day of June 1825 between John Totten, Sr. of the one part of the County of Wythe and State of Virginia and Samuel Totten, John Totten and Peter Totten all of the County and State aforesaid Witnessed that the said John Totten Sr. hath rented the ridge field to the said Samuel Totten during his and his wife?s natural lifetime and the said Samuel is to give one third of crop he raises on said land the small grain to be delivered in the barn and the corn in the crib and at the decease of the said John Totten Sr. and his wife the said Samuel Totten is to have the ridge field and mountain survey and the said John Totten Sr. hath rented the balance of his lands to John Totten Jr. and Peter Totten during his lifetime and his wife?s and the John and Peter to pay one third of all they raise on said land and deliver the small grain to the barn and the corn in the crib and at the decease of the said John Totten Sr. and his wife the said John Totten Jr. and Peter Totten is to have the land equally divided between them and for the true performance of this agreement we bind ourselves to each other in the sum of one thousand Dollar witness our hands and seals this day and year first above written.

Witness Present:
William Totten
Daniel Daugherty

His mark
John Totten Sr.
Samuel Totten
John Totten
Peter Totten

Exhibit B is not filed: And at a Circuit Superior Court of Law and Chancery aforesaid held on Tuesday September 15th 1835 being the day and year first herein written, and until which time this cause was continued. The defendants Nathaniel Bryant being dead the same is ordered to be suggested on the record and thereupon this cause came on the 15th day of September 1835 to be held upon the bill the exhibits filed the examination of witnesses and was argued by counsel and the subpoena awarded against the defendants having been duly served on John Deskins and Polly his wife, Sally Bryant, John Moler and Nancy his wife, James Light and Charity his wife, Isaac Henninger and Drucilla, his wife, Amos Totten and Drucilla Totten more than four months since and they still failing to appear and answer the plaintiffs bill and the order on publication heretofore awarded against Henry Moler and Rebecca his wife, William Davis and Viney his wife, James Totten, Isaiah Totten and John McCarley having been duly posted and published, and they still failing to appear and answer the plaintiffs bill that same is taken for confessed as to all the aforesaid defendants ? Whereupon it is adjudged and decreed that the said Defendants their heirs and legal representatives of John Totten Sr. dec?d do convey to the plaintiffs, the legal title to the land in the Bill mentioned, subjected to the rights of Drucilla Totten the widow under the agreement in the bill mentioned and filed as an exhibit in this cause ? and that Albert B. Moore who is hereby appointed a commissioner for that purpose do convey the tittle of Henry Moler and wife, William Davis and wife, James Totten, Isaiah Totten and John McCarley who are non residents by Deed with special warranty to the said plaintiffs. And it is further ordered that a complete record be made up in this case and charged to the plaintiffs. The following deposition is filed:

By virtue of a commission to me directed from the Superior Court of Chancery holden at Wythe Courthouse I have the 13th day of August 1827 at said Courthouse of Wythe proceeded to take the deposition of William Totten to be read as evidence on behalf of Samuel Totten and others in a suit depending in said Court wherein said Samuel and others are plaintiffs and John Deskins and wife are defendants. The said William Totten of lawful age being sworn saith ? that the paper marked A filed as an exhibit in this cause and which is now before him was executed by the parties thereto in his presence and that he is a subscribing witness to the same. He further deposit and saith that Samuel Totten, John Totten and Peter Totten have been in possession of the lands mentioned in said paper ever since the execution of thereof. And further this deponent saith not the foregoing deposition was sworn to and subscribed before me on the 13 August 1827. J. Foster ? William Totten.

The Witness claimed one days attendance as a witness - I received 50 cents for taking this deposition. John Foster. A complete record ? Teste, A.B. Moore, D.C.



Wythe County, Virginia Circuit Superior Court Law and Chancery Orders, Vol. 2, 1835-1853, pages 9 and 19

Samuel Totten & al against The heirs of John Totten Dec?d

The Defendant Nathaniel Bryant being dead the same is ordered to be suggested on the record and thereupon this cause came on this 15th day of September 1835, to be heard upon this bill the exhibits filed, the examination of Witnesses and was argued by counsel, and the Subpoena awarded against the defendants having been duly served on John Deskins, and Polly his wife, Sally Bryant, John Moler and Nancy his wife, James Light and Charity his wife, Lsaac Henningar and Drucilla his wife, Amos Totten; and Drucilla Totten more than four months since and they still failing to appear and answer the plaintiffs bill, and the order of publication heretofore awarded against Henry Moler and Rebecca his wife, William Davis and Viney his wife, James Totten, Isaiah Totten and John McCarley having been duly posted and published, and they still failing to appear and answer the plaintiffs. Bill the same is taken for confessed as to all the aforesaid defts. Whereupon it is adjudged and decreed that the said defts. The heirs legal representatives of John Totten Sr., dec?d do convey to the plfts. That legal title to the land in the bill mentioned, subject to the right of Drusilla Totten the widow under the agreement in the bill mentioned., and filed as an exhibit in the cause, and that Albert B. Moore who is hereby appointed a commissioner and on that purpose do convey the title of Henry Moler and wife, William Davis and wife, James Totten, Isaiah Totten and John McCarley who are nonresidents by deed with special warranty to the said plfts. And it is further ordered that a complete record be made up in this cause and charged to the plaintiffs.

Died:
Burial: Totten Cemetery Smyth County, VA

Samuel married Rachel Suiter in 1799 in Wythe County, Virginia, USA. Rachel (daughter of Alexander Suiter and Sarah) was born about 1782 in Virginia, United States; died on 28 July 1865 in Daviess County, Missouri, USA. [Group Sheet] [Family Chart]

Family/Spouse: Samuel Henegar. [Group Sheet] [Family Chart]

Family/Spouse: Mary "Polly" Snead. [Group Sheet] [Family Chart]

Other Events:

• Land: 1 Aug 1839, Shelby, Indiana; Land Patent 40 Acres Land Office of Indianapolis

Notes:

Some time around 1833 William and Elizabeth moved overland to Shelby County, Indiana and settled in the forests of Van Buren Township, experiencing for several years all the vicissitudes of pioneer life. Arriving at their destination before any preparations had been made for their reception, the family was obliged to live for some weeks in the covered wagon, but in due time a rude log cabin was erected, after which prospects became brighter and more encouraging. After clearing a portion of his land and adding very masterfully to his value, Mr. Totten moved to Missouri, where he lost his wife; later he returned to Shelby County and here spent the remainder of his days.

From the book "Totten Tracks" by Jeanean Haag Totten

Family/Spouse: Elizabeth Hubbell. Elizabeth was born on 6 Sep 1810 in Smyth County, Virginia; died on 17 Oct 1874 in Holt County, Missouri; was buried in Maitland Cemetery, Maitland, Holt County, Missouri. [Group Sheet] [Family Chart]

Other Events:

• Census 1850: 1850, Smyth County, Virginia

Other Events:

• Census: 1850, Smyth County, Virginia; Real Estate Value $200
• Deed : Jul 1858, Rich Valley, Smyth County, Virginia; Legrand Sexton VS Samuel J. Totten & Peter Totten The object of this suit is to obtain from Samuel J. Totten, a deed for a tract of land purchased of Denfendants by complainant.
• Census: 1860, Smyth County, Virginia; Personal Estate Value $500
• Census: 1870, Rich Valley, Smyth County, Virginia; Laura M. is Mary Jane's daughter (Samuel and Catherine's grand-daughter)
• Census: 1880, Rich Valley, Smyth County, Virginia

Notes:

Died:
Stone says 1877, but he was alive in 1880 in census. I'm assuming the stone may have come a few years after he died & whoever had it placed had the death date wrong?

Samuel married Catherine Jane Catron on 22 May 1846 in Smyth, Virginia, USA. Catherine (daughter of Jacob Catron and Elizabeth Hounshell) was born in Sep 1830 in Smyth, Virginia, USA; died in 1875 in Smyth, Virginia, USA. [Group Sheet] [Family Chart]

Notes:

Died:
Death Age: 54

Alexander married Susannah Harris on 6 Aug 1844 in Marion, Smyth County, Virginia. [Group Sheet] [Family Chart]

Alexander married Matilda J. Bower Sproker on 22 Sep 1863 in Virginia. Matilda was born in 1842. [Group Sheet] [Family Chart]

Drusilla married Thomas Wilson on 22 Dec 1840 in Smyth, Virginia. [Group Sheet] [Family Chart]

Other Events:

• Census 1850: 1850, Smyth County, Virginia

Henry married Martha F. Snead on 10 October 1844. [Group Sheet] [Family Chart]

Other Events:

• Census: 1850, Smyth, Virginia, USA

Notes:

Died:
Virginia, Deaths and Burials Index, 1853-1917

Other Events:

• Census: 1860, Smyth County, Virginia
• Census: 1870, Rich Valley, Smyth County, Virginia

Mary married James Seabolt on 9 Dec 1874. [Group Sheet] [Family Chart]

Other Events:

• Census: 1860, Smyth County, Virginia
• Census: 1870, Rich Valley, Smyth County, Virginia

Notes:

There were two John J. Tottens. One born around 1845 was the son of Amos Totten and he married Elizabeth Barnett. The John J. Totten that is the son of Samuel and Catherine was born around 1855 and married a widow, Elizabeth Whitt (maiden name unknown).

Birth:
Virginia, Births and Christenings, 1853-1917 Solin J. TottenMale; Sep 1854; Smyth Co, Va; Parents: Samuel and Catherine Totten

Family/Spouse: Elizabeth Whitt. [Group Sheet] [Family Chart]

Other Events:

• Census: 1860, Smyth County, Virginia

Other Events:

• Census: 1860, Smyth County, Virginia
• Census: 1870, Rich Valley, Smyth County, Virginia

Charity married Pierson W. Waddell on 26 Sep 1874 in Smyth County, Virginia. Pierson was born on 16 Feb 1856 in Wythe County, Virginia; died on 25 Aug 1930 in Wythe County, Virginia; was buried in Zion United Methodist Church Cemetery, Nebo, Smyth, Virginia. [Group Sheet] [Family Chart]

Other Events:

• Census: 1860, Smyth County, Virginia
• Census: 1870, Rich Valley, Smyth County, Virginia
• Census: 1880, Rich Valley, Smyth County, Virginia
• Arrival: 22 May 1884, Western State Hospital, Staunton, Virginia; Admitted to the Western State Hospital

Notes:

Arrival:
Source: Library of Virginia
Western Sate Hospital Collection
Series IV. Patient Records, 1826-1996
Box 79 Folder 10 Volume 249
Title: Admission Register (#3086-4137), 1880-1889

No. & (Line): 3529 (19)
Previous admission #: (blank)
First Name: Samuel W.
Last Name: Totten
Occupation: Laborer
Admission Date: 1884/05/22
Gender: Male
Age: 23
Year of Birth: (Calculated): 1861
Social Relations: Married
Education: Common
Nativity: Virginia
Residence: Smythe
No. Attacks: 1
Supposed Cause: Ill health
Duration: 6 years
Date of Death: 1911/01/22
Progress: Died
Cause of death: Marasmus
Remarks: (blank)

Died:
Source: Library of Virginia
Western Sate Hospital Collection
Series IV. Patient Records, 1826-1996
Box 79 Folder 10 Volume 249
Title: Admission Register (#3086-4137), 1880-1889

No. & (Line): 3529 (19)
Previous admission #: (blank)
First Name: Samuel W.
Last Name: Totten
Occupation: Laborer
Admission Date: 1884/05/22
Gender: Male
Age: 23
Year of Birth: (Calculated): 1861
Social Relations: Married
Education: Common
Nativity: Virginia
Residence: Smythe
No. Attacks: 1
Supposed Cause: Ill health
Duration: 6 years
Date of Death: 1911/01/22
Progress: Died
Cause of death: Marasmus
Remarks: (blank)

Other Events:

• Census: 1870, Rich Valley, Smyth County, Virginia
• Census: 1880, Rich Valley, Smyth County, Virginia

George married Virginia Catherine Hall on 14 Aug 1893 in Smyth County, Virginia. Virginia was born on 15 Jun 1874 in North Carolina; died on 29 Dec 1958 in Elizabethton, Carter, Tennessee. [Group Sheet] [Family Chart]

Other Events:

• Census: 1870, Rich Valley, Smyth County, Virginia
• Census: 1880, Rich Valley, Smyth County, Virginia
• Census 1900: 1900, Maiden Spring, Tazewell, Virginia, USA
• Census: 1910, Maiden Springs District, Tazewell, Virginia
• Census 1920: 1920, Lee, Mingo, West Virginia, USA

Notes:

Birth:
Virginia, Births and Christenings, 1853-1917 - have been able to prove this Susan Totten that married my Richard Combs is Samuel's dau. Thru DNA results

Died:
Burial in Baptist Valley Private Cemetery

Susan married Meredith Richard Combs on 3 Nov 1881 in Smyth, Virginia, USA. Meredith (son of Thornton Pennington and Elizabeth "Betsy" Combs) was born in Jan 1861 in Ashe County, North Carolina; died on 1 May 1924 in Bluefield, Mercer County, West Virginia, USA; was buried in Baptist Valley, Virginia. [Group Sheet] [Family Chart]

Other Events:

• Census: 1880, Rich Valley, Smyth County, Virginia

Notes:

Birth:
Virginia, Births and Christenings, 1853-1917 Page 104

Died:
Information from Ancestry user JoElla John

CL Totten, on a road trip with friends June 21, 1927, (Father's Day). The men celebrating, and were stopped by the police and warned. Two hours later they were stopped again. Charles' friends muffled him to keep him from disrespecting the policeman, whereupon he died.

Family/Spouse: Maude Mae Allison. Maude was born on 18 Feb 1891 in Virginia; died on 24 Mar 1988 in Saltville, Smyth, Virginia. [Group Sheet] [Family Chart]

Other Events:

• Census: Jul 1870, Rich Valley, Smyth County, Virginia
• Census: 1880, Rich Valley, Smyth County, Virginia

Notes:

Birth:
Virginia, Births and Christenings, 1853-1917 Page 84

Samuel married Virginia Worley on 23 Feb 1870 in Virginia. [Group Sheet] [Family Chart]

Samuel married Susan J. Crenshaw on 31 Dec 1879 in Virginia. [Group Sheet] [Family Chart]

Family/Spouse: Mariah Bales. Mariah was born in 1851. [Group Sheet] [Family Chart]

Family/Spouse: John Mitchell. [Group Sheet] [Family Chart]

Family/Spouse: Sarah Unknown. [Group Sheet] [Family Chart]

Other Events:

• Census 1900: 1900, Maiden Spring, Tazewell, Virginia, USA
• WWI Draft Card: 1918, Mingo County, West Virginia

Charles married Ollie Waddle on 15 Sep 1903 in Bondtown, Wise, Virginia. Ollie (daughter of Belve Waddle and Lucinda Hancock Edwards) was born in May 1887 in Floyd County, Virginia; died in 1918 in West Virginia, United States. [Group Sheet] [Family Chart]

Charles married Fernie Gay Parker on 29 Jun 1919 in Floyd County, Virginia. Fernie was born on 18 Nov 1899 in Floyd County, Virginia; died on 11 Oct 1964 in Dallas, Dallas County, Texas. [Group Sheet] [Family Chart]

Other Events:

• Census: 1900, Maiden Spring, Tazewell, Virginia, USA; She is also listed as living with parents & siblings. Unable to read or write. Occupation listed as Day Labor. (Working on her parents farm?) The census was probably being taken right around the time they were married which is why she is in two places.
• Census 1900: 1900, Maiden Spring, Tazewell, Virginia, USA
• Census: 1910, Maiden Spring, Tazewell, Virginia, USA; Living with husband Raleigh & children: Walter 8, Sarah R. 6, Bird 4, Emery 3, Dora 1. Can't read/write
• Census 1920: 1920, Big Creek, McDowell, West Virginia, USA; With husband & children Tilda, Bird, Emery, Dora, Ernest, Sherman, Georgia and Lola

Notes:

Died:
Cause of death Tuberculosis

Cana married Raleigh "Raul" Hamilton Burress on 31 Jan 1900 in Pounding Mill, Tazewell County, Virginia. Raleigh (son of John Wesley Burress and Matilda "Tildie" Rose Earls) was born on 28 Aug 1880 in Tazewell County, Virginia; died on 12 Oct 1964 in Bristol, Virginia; was buried on 14 Oct 1964 in Earls Family Cemetery, Cliffield, Earls Branch, Tazewell County, Virginia. [Group Sheet] [Family Chart]

Other Events:

• Fact 1: Laura was a twin (sister Rachel)
• Census 1900: 1900, Maiden Spring, Tazewell, Virginia, USA

Notes:

Living next door to sister Rachel in 1920
Moved to McDowell County WV around 1929-1930 with her sister Rachel and her family

Laura married William Floyd Rose on 20 Jun 1902 in Tazewell County, Virginia. William (son of William Paris Rose and Frances "Frankie" Caroline Perrick) was born on 10 Mar 1883 in Monroe County, West Virginia; died on 11 Jul 1970 in Bluefield, Mercer County, West Virginia, USA; was buried in 1970 in Maple Hill Cemetery, Bluefield, Tazewell County, Virginia. [Group Sheet] [Family Chart]

Other Events:

• Census 1900: 1900, Maiden Spring, Tazewell, Virginia
• Census: 1910, Maiden Springs District, Tazewell, Virginia

Notes:

1920 Living next door to sister Laura (Tazewell)
Moved to McDowell County WV around 1929-1930 with her sister Laura and her family.

In September 1935 lost her son Virgil to Typhoid Fever, in December of that same year, she lost her husband to the same thing.

Her second husband (who she was separated from at the time of his death) died in the Raleigh Hotel (Bluefield) from mattress burns he received from smoking in bed.

Rachel married Robert Alfred Martin on 05 Apr 1911 in Tazewell County, Virginia. Robert (son of Thomas M Martin and Rebeca J Unknown) was born on 29 Aug 1875 in Greenbrier, West Virginia, USA; died on 13 Dec 1935 in Bluefield, Mercer County, West Virginia, USA. [Group Sheet] [Family Chart]

Rachel married Charlie Puckett on 23 May 1940 in Bland County, Virginia. Charlie was born on 6 Sep 1896 in Ironton, Ohio; died on 17 Feb 1951 in Bluefield, Mercer County, West Virginia. [Group Sheet] [Family Chart]

Other Events:

• Census 1900: 1900, Maiden Spring, Tazewell, Virginia, USA

Notes:

Birth:
"Virginia Births and Christenings, 1853-1917, p296" Bertie L. Combs 15 Mar 1889 (date different then death index) Tazewell Co. VirginiaParents: Richard and Susan Combs.

Died:
Services for Mrs. Bertie Lee Smith, 78, Minden, will be held at 2 PM Tuesday in the Tyree Funeral HOme Chapel at Oak Hill with the Rev. Bill Menefee in charge. Burial will be in the Hilltop Cemetery. Mrs. Smith died Sunday in a Hilltop nursing hime after a two month illness. Born March 11, 1888, at Tazewell, Va. she was a daughter of the late Richard and Susie Totten Combs. She was a member of the Oak Hill Baptist Church. Her husband, James Sanford Smith, preceded her in death. Survivors include two brothers, Erby and Robert, addresses unknown; two sisters, Mrs. Clara Price and Mrs. Eva Henderson, both of New York; two daughters, Mrs. John Alley of Minden and Mrs. J.D. Stone of Montcoal; four grandchildren and seven great grandchildren. Friends may call at the funeral home after 6 PM today.

Raleigh Register 19 September 1966, Beckley, West Virginia

Bertha married James Sanford Smith on 04 Jan 1905 in Tazewell County, Virginia. James (son of Lige Smith and Frances "Frankie" Caroline Perrick) was born on 8 Mar 1877 in Wyoming, West Virginia; died on 28 Oct 1935 in Oak Hill, Fayette County, West Virginia. [Group Sheet] [Family Chart]

Other Events:

• Census 1900: 1900, Maiden Spring, Tazewell, Virginia, USA
• Census: 1910, Maiden Springs District, Tazewell, Virginia
• WWI Draft Card: 1917, McDowell County, West Virginia

Notes:

Birth:
"Virginia Births and Christenings, 1853-1917, P321" 04 Jul 1891 Tazewell Co., Virginia Parents: Richard and Susan Combs / Died before 1965

John married Nora B Jones on 2 Sep 1912 in McDowell County, West Virginia, USA. Nora (daughter of Lewis A Jones and Mollie Wise) was born in Jan/July 1893 in Tazewell County, Virginia. [Group Sheet] [Family Chart]

Other Events:

• Census 1900: 1900, Maiden Spring, Tazewell, Virginia, USA
• Census: 1910, Maiden Springs District, Tazewell, Virginia
• WWI Draft Card: 1917, Iaeger, McDowell, West Virginia, USA
• Court: 11 May 1922, Tazewell County, Virginia; Commonwealth of Va VS Britt Combs, Felony, jury finds not guilty.
• WWII Draft Card: 1942, West Virginia, United States

Notes:

Court:
November 25, 1921 CVN

Court News - Judge KEGLEY'S Circuit Court convened Tuesday morning. A grand jury was empanelled and the following indictments returned: Brit COMBS, for Shooting Tom KINDER

Died:
Perry B. Combs Dies in Hospital; Funeral services for Perry Britton Combs, 72, of 320 Bailey Ave., will be held at 2 PM today at the Webb and Neal Funeral Chapel with Rev. Lavern Wing in charge. Burial will be in Blue Ridge Memorial Gardens. Combs died in a local hospital at 6 PM Sunday after a short illness. Born in Tazewell, Va, July 7, 1893, he was a son of the late Richard and Elizabeth Totten Combs. He was a member of UMW Local 7086 at Eccles, having worked in area mines for 35 years before retiring. Survivors include his wife, Mrs. Flossie Lovell Combs; a son, Thurman Donald Combs, of Jacksonville, Fla; two brothers, Earl Combs of Baltimore, Md. and Robert Combs of Charleston S.C.; Three sisters, Miss Clara Combs and Mrs. Eva Bennett, both of Philadelphia, Pa. and Mrs. Bertha Smith of Oak Hill; two grandchildren and one great grand child. The body is at the Webb and Neal Funeral Home where friends may call after 1 p.m. today. Pallbearers will be Carlos Crews, Woodrow Naff, Howard Pettry and Lyle Hudson

Beckley Post-Herald, Beckley, WV May 12, 1965

Perry married Flossie Bane Lovell on 5 June 1916 in McDowell County, West Virginia, USA. Flossie (daughter of John Lovell and Roxanna Baer) was born on 14 Apr 1900 in West Jefferson, North Carolina; died on 1 March 1999 in Fort Myers, Lee County, Florida. [Group Sheet] [Family Chart]

Other Events:

• Census 1900: 1900, Maiden Spring, Tazewell, Virginia, USA
• Census: 1910, Maiden Springs District, Tazewell, Virginia

Notes:

Birth:
"Virginia Births and Christenings, 1853-1917, P386" 22 Jan 1896 Baptist Valley, Tazewell Va. Parents: Richards and Susie Combs.

Birth Record says Margaret Ella - it's the same date that is on her census records.

Margaret married Walter Jackson McGhee on 15 Jul 1914 in Red Ash, Russell, Virginia, USA, and was divorced in Apr 1922 in Tazewell County, Virginia. Walter (son of John William McGhee and Geneva Anderson) was born on 30 Jun 1894 in Swords Creek, Russell, Virginia, USA; died on 5 Dec 1963 in Tazewell County, Virginia; was buried in Greenhills Memory Gardens, Claypool Hill, Tazewell County, Virginia, USA. [Group Sheet] [Family Chart]

Margaret married Unknown Bennett in 1922-1960. [Group Sheet] [Family Chart]

Margaret married Unknown Henderson in 1965. [Group Sheet] [Family Chart]

Family/Spouse: Unknown Morris. [Group Sheet] [Family Chart]

Other Events:

• Census: 1910, Maiden Springs District, Tazewell, Virginia

Louise married James "Jim" Davis in 1925 in Tazewell County, Virginia. James was born in 1903 in Virginia. [Group Sheet] [Family Chart]

Family/Spouse: Thomas Houston. [Group Sheet] [Family Chart]

Other Events:

• Census: 1910, Maiden Springs District, Tazewell, Virginia
• Census 1920: 1920, Lee, Mingo, West Virginia, USA

Other Events:

• Census: 1910, Maiden Springs District, Tazewell, Virginia
• Census 1920: 1920, Lee, Mingo, West Virginia, USA
• Newspaper: 10 July 1928, Bluefield, Mercer County, West Virginia, USA; Irby combs is held to Mercer Grand Jury...

Notes:

Newspaper:
May 4, 1930

Irby Combs, Statutory charge, one year and six months.

August 14, 1930

Irby Combs, recently sent to Moundsville will accompany officers to Princeton. Combs has entered a plea for a writ of error

October 28, 1930

Irby Combs, indicted for sodomy, pleaded guity and was given one year and a day in the penitentiary, credit being allowed for 8 months spent in jail. Combs was found guilty early this year and was sent to the penitentiary for 18 months. The verdict in his case was set aside and he was returned to this county. Last week his trial was continued to the January term on motion of the state attorneys.

Erby married Elizabeth "Betty" Miller on 17 Jan 1922 in Mingo, West Virginia, USA. Elizabeth (daughter of Chester Miller and Elizabeth Unknown) was born in 1903 in Wayne County, West Virginia. [Group Sheet] [Family Chart]

Erby married Rhonda Myra Stevenson on 2 July 1931 in Mercer County, West Virginia. Rhonda was born on 30 Jun 1904 in West Virginia, United States; died on 16 Dec 1974 in Baltimore, Anne Arundel, Maryland. [Group Sheet] [Family Chart]

Other Events:

• Census: 1910, Maiden Springs District, Tazewell, Virginia
• Census 1920: 1920, Lee, Mingo, West Virginia, USA

Other Events:

• Census 1920: 1920, Lee, Mingo, West Virginia, USA

Family/Spouse: Arthur Price. Arthur was born about 1903 in New York. [Group Sheet] [Family Chart]