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Saturday, May 26, 2018

Death Mentions in County Court Law Order Books, August 1853 Through July 1854

Russell County's official death records date from 1853, however not all deaths were reported. Additional death information can be gleaned from several sources, including newspapers, cemetery records, and other civil records.

The following information related to deaths in Russell County from August 1853 through July 1854 come from the County Court Law Order Books. These excerpts are all mentions of the words executor, deceased, and guardian from the records.


August 2nd 1853

On the motion of Edward D. Kernan who made oath and together with John F. McElhenney and William B. Aston his sureties entered into and acknowledged a bond in the penalty of One thousand dollars conditioned as the law directs, certificate is granted him for obtaining letters of administration on the estate of Simeon Kiser deceased in due form.

Ordered that Ephraim Kiser, Abraham Childers, Nimrod Kiser, and Jefferson Jesse, or any three of them being first sworn before a justice of the peace for the purpose, do appraise in current money the personal estate of Simeon Kiser deceased, and return the appraisement to the clerk of this court for record.

On application of William Vermillion surety of Jacob H. B. Miller, administrator of Elijah Miller deceased, it is ordered that, the said Jacob H. B. Miller be summoned to appear here at the next court and show cause why he should not give other security or be removed from his office.

Ordered that Patton G. Keen be appointed guardian of Sarah, Absalom, Cynthia and Minerva infant children of Absalom Hurt and who are devisees of William Samples deceased, and thereupon he, together, with John C. Ferguson, Henry D. Smith and Silas B. Hurt his securities entered into and acknowledged a bond in the penalty of One thousand dollars, conditioned, according to law.

Ordered that John G. Herndon be appointed guardian of Mary A. Herndon infant of James H. Herndon deceased, and thereupon he together with James Deskins his security entered into and acknowledged a bond in the penalty of $800.00 conditioned according to law.

August 3rd 1853

This cause came on to be heard on this 3rd day of August 1853 upon the bill and exhibits filed in cause, the answer of the infant defendants, Wilson, Milly, Biddy, Joel and William Campbell by their Guardian ad litem William Campbell and was argued by counsel, and it appearing that the subpoena in this case, has been duly served on the defendants David Alexander & wife, James H. Campbell, Rachel Campbell as widow of Joel Campbell deceased and in her own right, and they failing to appear and answer the bill the same as to them is taken for confessed, and it further appearing that an order of publication has been duly made and posted against the defendant Jesse Elliott who is not an inhabitant of this Commonwealth and more than one month having elapsed, since the execution of said order, and he still failing to appear and answer the bill the same is as to him also taken for confessed. And it appearing to this court that the complainants is the owner of five individual shares in the land in the bill mentioned, and that defendants Alexander & wife, James H. Campbell, and Wilson, Milly, Biddy, Joel and William Campbell, heirs of Joel Campbell deceased are the owners of seven undivided shares or interests in said land, and Rachel Campbell and Jesse Elliott are each of them owners of one undivided share in said land, (there being fourteen shares in all.) It is adjudged, ordered and decreed, that Daniel J. Ayres, Vincent Jesse and Calvin T. Fields, who are hereby appointed Commissioners for that purpose, go upon the land in the bill mentioned, and having regard to quantity and quality, and partition the same as follows, to wit; to complainant five shares or interests; to the heirs of Joel Campbell deceased seven shares or interests, and to Jesse Elliott and Rachel Campbell each one share, and that they make said partition in such manner as will best suit the convenience and interest of all concerned, and that they make report to the next term of this court of their proceedings, to which time this cause is continued.

September 6th 1853

William H. Dean produced in Court a Commission from the Governor of this Commonwealth appointing him a Justice of the Peace in the 8th district of the County in place of David Gentry deceased; and thereupon the said William H. Dean took the oath of fidelity to the Commonwealth, an oath to support the Constitution of the United States, the oath prescribed by the act against deulling, and the oath of office.


On the motion of Thomas W. Davis and Basil Fletcher who made oath and together with Elijah Ferrell and Gabriel Jessee their sureties entered into and acknowledged a bond in the penalty of five thousand dollars conditioned according to law, they are appointed administrators, de bonni non on the estate of Larkin Herndon deceased, with his will annexed.

On the motion of Stephen G. Samples and James M. Cecil who made oath, and together with Henry D. Aaton and Thomas W. Davis his sureties, entered into and acknowledged a bond in the penalty of $3000.00 conditioned according to law, certificate is granted them for obtaining letters of administration on the estate of James Samples deceased, in due form.

Ordered that Silas B. Hurt, Thomas W. Davis, John T. Howard and Zadok N. Gardner or any three of them being first duly sworn for the purpose before a justice of the peace, do appraise in current money the personal estate and slaves of James Samples deceased, and return the appraisement under their hands to the Clerk of this Court for record.

Ordered that Stephen Benner be appointed Guardian of Margaret, John, Mary, and Cowan Jessee infant children of Archibald Jessee deceased; and thereupon he took an oath faithfully to execute the duties of his trust, and entered into and acknowledged a bond in the penalty of $2500, with Isaac Vermillion and James Dickenson his sureties, conditioned according to law.

Zadok N. Gardner is appointed by the Court School Commissioner in the 11th district of this county in place of James Samples deceased.

Samuel W. Aston security for Vincent Jessee administrator of the estate of John T. Cowan deceased, requiring of him additional security and the said Vincent Jessee being in Court and refusing to give other security the said Vincent Jessee is discharged from further action as administrator of said estate.

September 7th 1853

A Settlement of the executorial accounts of Silas B. Hurt on the estate of James P. Hurt, deceased;

A Settlement of the administration accounts of Silas B. Hurt on the estate of James H. Herndon, deceased;

A Settlement of the executorial accounts of Robert Johnson on the Estate of William Browning deceased;

A Settlement of the Executorial Accounts of Edward D. Kernan on the estate of John Kiser, deceased;

A Settlement of the administration accounts of George Cowan on the estate of John Burk deceased; and,

A Settlement of the administration accounts of Robert Fugate on the estate of Robert Dickenson deceased,

October 5th 1853

Ordered that Origan Dickenson be appointed guardian of the two infant children of Martin Lee deceased, and thereupon he together with George W. Dickenson his surety entered into and

On the motion of Isaac Vermillion who made oath, and together with John Jessee and Richard L. Mead his securities entered into and acknowledged a bond in the penalty of $1000.00 conditioned according to law, certificate is granted him for obtaining letters of administration on the estate of Joseph Jessee deceased in due form.

Ordered that Jesse Browning, Isaac McReynolds, George L. Jessee and Jefferson Jessee or any three of them being first sworn before a justice of the peace for the purpose, do appraise the personal estate of Joseph Jessee deceased, and return the appraisement to the Clerk of this Court for record.

On the motion of John Jessee who made oath, and together with Isaac McReynolds his surety, entered into and acknowledged a bond in the penalty of One hundred dollars conditioned according to law, certificate is granted him for obtaining letters of administration on the estate of Rebecca McReynolds deceased in due form.

Ordered that Archer Jessee senr, Archer Jessee jr, and Thomas Owens, being first sworn before a justice of the peace for the purpose, do appraise in current money the personal estate of Rebecca McReynolds deceased, and return the appraisement under their hands to the Clerk of this Court for record.

November 8th 1853

William Samples, Minerva Samples and Joshua Samples, infant children of Lewis Samples deceased, being of full age for the purpose came into Court and made choice of Ann Samples, their mother for their Guardian who thereupon executed a bond according to law in the penalty of $5000.00 and took an oath faithfully to perform the duties of her trust; and time is give to Joshua Redwine security named in said bond to execute the same on his part.

Joshua Redwine security for Ann Samples in a guardian bond yesterday entered into by her, came into Court, subscribed and acknowledged the same.

November 10th 1853

The executors of Aaron Hendricks dec'd    defendants

A Settlement of the administration accounts of Origan Dickenson on the estate of Martin Lee deceased;

A Settlement of the administration accounts of Samuel Robinson on the estate of James H. Webb deceased;

And a Settlement of the Administration accounts of J. F. McElhenney and Wm. B. Aston administrators of the estate of James M. McFarlane deceased;

December 6th 1853

This Court certifies that Susannah Riley was the widow of Daniel Riley deceased, that both of them are dead, the said Susannah having died about the 10th of October 1853 and her said husband many years previously, and that Jackson Riley and Thomas J. Riley are the only heirs and children of said Susannah Riley deceased.

February 7th 1854

The last Will and Testament of Edmund Hubbard decd was exhibited in Court and proven by the oaths of John Belcher and Alexander McFarlane two of the subscribing witnesses thereto, and ordered to be recorded: And on the motion of Wilson Cox executor therein named who made oath, and together with Randolph Hubbard his security, entered into and acknowledged a bond in the penalty of three hundred dollars conditioned according to law certificate is granted him for obtaining probat of the said Will in due form.

Ordered that John T. Smith, Rolling R. Redwine, Alexander McFarlane and John Belcher or any three of them being first sworn before a justice of the peace for that purpose, do appraise in current money the personal estate of Edmond Hubbard deceased, and return the appraisement to the Clerk of this Court for record.

It appearing from a certificate signed by John Isaacks a Justice of the peace on this County that Jane Moore and Easter Moore infants of William Moore deceased have chosen Absalom Elam for their guardian, the said Absalom Elam here in Court with Joab Wilson his security, entered into and acknowledged a bond in the penalty of $200 conditioned according to law.

Emeline Elliott who is of the age of 14 years came into Court and made choice of George W. Vermillion for her guardian which is approved of by the Court, and thereupon the said Geo. W. Vermillion

A Settlement of the accounts of Susan A. Hurt, guardian of her infant children:

A Settlement of the administration accounts of Valentine Bush and Marion T. Bickley on the estate of Austin Bush deceased:

A Settlement of the administration accounts of Samuel P. Fogleman on the estate of Barbara Fogleman deceased; and

A Settlement of the administration accounts of Isaac Vermillion on the estate of James P. Rasnick deceased,

March 7th 1854

Ordered that James Dickenson guardian of the infant children of Robert Dickenson deceased be authorised to make sale of a land warrant issued to them for their Ancestors services in the late war with Great Britain.

On the motion of Sally Fletcher widow of Basil Fletcher deceased and of Mose Hurt, who made oath, and together with Gabriel Jessee and Zadok N. Garnder their sureties entered into and acknowledged a bond in the penalty of fifteen hundred dollars conditioned according to law, certificate is granted them for obtaining letters of administration on the said decedents estate in due form.

Ordered that Lorenzo D. Fletcher, Gabriel Jessee, John G. Herndon and Elijah Ferrell or any three of them being first sworn before a justice of the peace for the purpose, do appraise in current money the personal estate of Basil Fletcher deceased, and return an Inventory thereof to the Clerk of this Court for record.

March 8th 1854

John Sutherland administrator of Henry Sutherland deceased   defendant

Elizabeth Miller is appointed by the Court guardian of Mary Elizabeth her infant daughter, orphan of Elijah Miller deceased; whereupon she, together with Jacob Owens her surety, entered into and acknowledged a bond in the penalty of $300.00, conditioned according to law.

On the motion of Isaac Vermillion who made oath, and together with James P. Carrell his surety, entered into and acknowledged a bond in the penalty of $500.00 conditioned according to law, certificate is granted him for obtaining letters of administration on the estate of Martha Bush deceased in due form.

This cause came on this 8th day of March 1854, to be heard upon the bill and the answer of the infant defendants by their guardian ad litem, and exhibits filed, and was argued by Counsel; and the other defendants having failed to answer, the bill as to them is taken for confessed. Whereupon it is ordered, adjudged and decreed that the land in the bill mentioned be partitioned amongst the plaintiffs and defendants according to their several rights in the same, by first assignment to Nelly Jessee, the wife of Daniel Jessee one full third part in value of the land, as her dower, including the mansion house, and also assigning to James H. Dickenson who appears to

This cause came on again to be heard on this 8th day of March 1854, upon the papers formerly read in the cause, and upon the report of Daniel J. Ayers, Vincent Jessee, and Calvin T. Fields Commissioners appointed to make partition of the lands in the bill mentioned, to which there is no exception; it is therefore ordered, adjudged and decreed that the same be affirmed; that mutual conveyances be executed by the parties except by Jesse Elliott and the infant defendants, heirs of Joel Campbell deceased; and

April 4th 1854

A Deed of bargain and sale for land from Andrew. S. Fulton surviving executor of John H. Fulton, to Augustus W. and William B. Aston, dated the 22nd of March 1854, and admitted to record the 1st of April 1854.

Ordered that Squire V. Holbrook, John Bickley, Stephen Benner and Jefferson Jessee or any three of them being first sworn before a justice of the peace for the purpose, do appraise in current money the personal estate of Josiah D. Bush deceased, and return an Inventory thereof under their hands to the Clerk of this Court for record.

This cause came on to be heard this 4th day of April 1854 upon the bill and exhibits filed in the cause, the answer of Henry D. Smith guardian ad litem for the infant defendants, and was argued by counsel.  And it appearing to the Court that the land in the bill mentioned was divided by the parties interested during the life time of Harry Smith but that no conveyance was ever made by the said Harry Smith to said Complainant; it is therefore ordered, adjudged and decreed, that Henry D. Smith who is hereby appointed a commissioner for that purpose, convey to Complainant or to any one she may direct, with covenants of special warranty against himself and his heirs, all the right, title and interest of the said infant defendants, Henry S. Preston, Robert A. Preston, and Mary J. L. Preston to the land in the bill mentioned, according to the division as made by the parties in the lifetime of the said Harry Smith, and that he report his proceedings to this Court at its next term, to which time this cause is continued.

This cause came on to be heard this 4th day of April 1854, upon the bill and exhibits filed in the cause, the answer of the Defendants by their guardian ad litem Wm. J. Dickenson and was argued by counsel. And it appearing to the Court that Robert Dickenson the ancestor of the defts was bound to make Complainant a title to one moiety of the lands in the bill mentioned, when the purchase money should be fully paid, and that the same has been paid accordingly; And it also appearing to the Court that Complainant had sold his interest in said land to one Thomas C. McCleary who sold the same to one Samuel Leece; it is therefore adjudged, ordered and decreed, that William B. Aston who is hereby appointed a Commissioner for the purpose, convey to said Samuel Leece with covenants of special warranty against himself and his heirs, the interest of the Defendants in and to the land in the bill mentioned, and that he make report to the next term of this Court, till which time this cause is continued.

Henry & Mary Dickenson, infant children of Robt. Dickenson deceased, Defendants

This cause came on to be heard this 4th day of April 1854 upon the bill and exhibits filed in the cause, the answer of the infant Defendants by William J. Dickenson their guardian ad litem, and was argued by Counsel; and it appearing to the Court that Robert Dickenson the ancestor of said Defendants, was bound to make to complt. a title to one half of the land in the bill mentioned; and it further appearing that the purchase money for the same has been fully paid; it is adjudged, ordered and decreed that William B. Aston,  who is hereby appointed a Commissioner for the purpose, convey to Complainant with covenants of special warranty against himself and his heirs, the interest of said infant Defendants in the said land, in the bill mentioned, and that he report his proceedings to the next term of this Court, to which time this cause is continued.

It is ordered to be certified by this Court to all whom it may concern, that it approves of the sale of a United States Land Warrant issued to Henry Dickenson and Mary P. Dickenson minor children of Robert Dickenson dec'd private in Capt Harrison's Co., Virginia Militia, War 1812 for Eighty One Acres of the Public Lands, as made by James Dickenson their guardian appointed by this Court, and transferred as by endorsement made by him on said Warrant under date of February 7th 1854.

May 2nd 1854

A Deed of Partition of land between Wilson Elliott and others and the heirs of Joel Campbell, deceased, dated the 29th of March 1854, and admitted to record the 27th of April 1854;

James F. Litton, John W. Litton and Martin D. Snider heirs at law of John Litton deceased being present in Court, and admitting that the deceased departed this life without having legally made and last Will and Testament;

On the motion of John T. Smith who made oath, and together with Edward D. Kernan and Robert Boyd his sureties entered into and acknowledged a bond in the penalty of $5,000.00 conditioned according to law, certificate is granted him for obtaining letters of administration on the estate of John Litton deceased in due form.

Ordered that Wilson Elliott, John Morrison, William Cromwell and James S. Browning or any three of them being fist sworn before a justice of the peace for the purpose, do appraise in current money the slaves and personal estate of John Litton deceased, and return an Inventory thereof to the Clerk of this Court for record.

This cause came on this 2d day of May 1854 to be heard upon the bill and exhibits filed in the cause, the answer of the infant defendants by their guardian ad litem William J. Dickenson and was argued by counsel; and the said Elizabeth Miller, widow of Elijah Miller deceased having failed to answer, and more than two months having elapsed since the service of the summons on her, the bill as to her is taken for confessed;  And it appearing to the Court that partition should be made of the lands in the bill mentioned and that dower ought to be assigned to said Widow. It is therefore adjudged, ordered and decreed that William G.  McConnell, Robert Fugate and John W. Dorton or any two of them do go upon the land in the bill mentioned and assign unto the said Elizabeth Miller widow of said Elijah Miller one third part of said land including the dwelling house is she so desires, and divide the said land into three equal portions, having regard to quantity and quality, and assign one equal portion to Jacob H. B. Miller the Complainant, one to Nancy Jane, and one to Mary E. Miller the infants, and that they report their proceedings to the next Term of this Court, till which time this cause is continued.

This cause came on this 2d day of May 1854 to be heard upon the bill and exhibits filed in the cause, the answer of the infant defendants by their guardian ad litem William J. Dickenson and was argued by counsel; and it appearing to the Court that the Complainants have fully paid the amount of the purchase money for the land in the bill mentioned, and it further appearing that Robert Dickenson Defendants' ancestor was bound to make Complainants a right to one half of the land in the bill mentioned, which he failed to do in his lifetime; It is therefore adjudged, ordered and decreed that James P. Carrell who is hereby appointed a Commissioner for the purpose, convey the interest of the said infant defendants in the land in the bill mentioned being one moiety in the same to the Complainants, with covenants of special warranty; and that he make report of his proceedings to the next term of the court till which time this case is continued.

A Settlement of the Executorial Accounts of Elijah Beverly on the estate of Barnett Bowman deceased, was reported to the Court, and there being no exception thereto it is ordered that the same be recorded.

June 6th 1854

The last Will and Testament of Daniel Price senr. deceased was exhibited in Court and proven by the oaths of Charles D. Boyd and Christian Easterly the subscribing witnesses thereto, and Ordered to be recorded.

And on the motion of Oliver H. Price who made oath and with J. F. McElhenny & Wm. B. Aston his sureties entered into and acknowledged a bond in the penalty of $150, conditioned according to law, administration is granted him on the estate of Daniel Price deceased with his will annexed.

July 4th 1854

This cause came on this 4th day of July in the year 1854 to be heard on the bill of Complainants, the answer of the infant defendants and the exhibits filed, and was argued by counsel; and it appearing that the summons in this cause has been duly served upon the Defendant Susan A. Hurt, and she having failed to appear and answer, the bill as to her is taken for confessed. It is therefore ordered adjudged and decreed, that the assignment of dower heretofore made to the Defendant Susan A. Hurt be set aside, and that Henry D. Smith, John T. Smith and Henry Vincell who are hereby appointed Commissioners for that purpose to go upon the tract of land in the bill mentioned lying in Russell County and lay off and assign to the widow Susan A. Hurt, one full equal third part of said tract including the mansion house as her dower in said tract of land, and as the tract in Washington County appears to have been sold by the executor of James P. Hurt's Will, and no objections having been taken to its sale the same is left undisturbed. And it is further ordered, adjudged and decreed that the Commissioners aforesaid do assign to the said Widow Susan A. Hurt, out of the money for which said tract of land was sold, taking that to be the true value of the land, the full value of one equal third part of said tract of land during her life, as her dower in the same; and that they report their proceedings to this Court at its next term, till when this cause is continued.

The administration accounts of Martin Fraley, the admrs on the estate of George Wright deceased was reported to the Court with a certain change made thereon by the Consent of the parties interested, and there being no exception thereto the same is affirmed and ordered to be recorded.

The administration accounts of Absalom Elam on the estate William Moore deceased was reported to the Court, and there being no exception thereto the same is affirmed and ordered to be recorded.

The administration accounts of Edward D. Kernan on the estate of John Kiser, deceased was reported to the Court, and there being no exception thereto the same is affirmed and ordered to be recorded.