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Thursday, May 14, 2015

The Love Story of Roena Burdine, part 2

For part 1, click here.

I told you there was a twist in Nathan and Roena's love story. This entire post consists of direct quotes from chancery cases and newspaper articles.
J. J. Dickenson another witness for complainant deposes and says in answer to questions. I am 69 years old, live in Russell and am a farmer. I knew N. E. Burdine intimately and he was my near relative...I knew Roena & helped to haul her from Abingdon when she was a child. N. E. Burdine bought her and Fannie her mother from Mr. Greenway at Abingdon & I have known her ever since. I knew her as a slave of N. E. Burdine and knew her as a housekeeper of N. E. Burdine....

Question: Was she a neat looking woman or what was her personal appearance?

 Answer: She was about three fourths white & like most women the neater she was dressed the better she looked. She was a very good looking colored woman.

C. C. Bolton being sworn & in answer to questions says. I'm 40 years old, live in Wise county, Farmer. I lived at Hawkins Mills from Nov 16 1882 till March 1889 in Russell county...Roena had been married but her husband died a number of years before I went to Hawkins Mills...N. E. Burdine denied being the father of any of Roena's children except Nan...Mr. Burdine seemed very much attached to Nan's children and treated them very kindly.

J. J. Dickenson: While Nancy was a child she ate at the table with N. E. Burdine & wife because he said she was his daughter and did not want to turn her off with the negroes and that he intended to give her a good farm.

Eliza C. Owens: When I first knew Nan she was a petted child in the house....I think Mr. & Mrs. Burdine took Nancy about with them in their buggy when she was a child...She was petted and spoiled as a child in the house & especially by Mrs. Burdine.

Mary P. Fugate: N. E. Burdine & his wife E. C. Burdine raised Nancy...She was a petted child...she had her bed in their room.

Clark Dorton: I have known N. E. Burdine ever since I can remember. Somtimes Burdine was agreeable and easy to get along with and at other times he was not, with some people he got along with very agreeably and with others he did not, he hardly ever had any body with him on the farm that he did not have trouble with, I mean that worked with him on the farm...Mr. Burdine was a very disagreeable man in his family when he was drinking. He was very quarrelsome and high tempered when drinking. He drank a great deal.

Jesse B. Fuller: Question: Was N. E. Burdine given to dissipation at times & to violent bursts of anger? Answer: As much so as any man I was ever acquainted with...He would get mad at you one day & curse you and the next day be friendly.

C. C. Bolton: At this time Mrs. E. C. Burdine was in very poor health, almost helpless...I heard it said by physicians that Mrs. E. C. Burdine had a female trouble.

Jesse B. Fuller: I knew the character of Edith C. Burdines affliction only by hear-say, it was commonly reported & commonly talked that she had something like the gravel & her water had to be taken from her.

 Nancy Burdine: Your oratrix and her mother had been slaves and had belonged to said N. E. Burdine, and after their emancipation they had remained with him and had served him and his wife for a considerable length of time in the capacity of house servants, and N. E. Burdine and wife were greatly dependent on your oratrix and her mother.

 Jesse B. Fuller: Question: Is it not true and so understood in this community that Roena bore several children to N. E. Burdine? Answer: Reports say so.

 S. A. C. Easterly: I was acquainted with Roena Burdine, I never heard any complaint from Mr or Mrs Burdine against her, she seemed to give perfect satisfaction.

 Thomas G. Hendricks: I was acquainted with Roena Burdine and first got acquainted with her about from 10 to 15 March 1883 when she moved from Russell county to Walnut Grove farm I then owned in Washington county.

C. C. Bolton: During the time I first knew Roena Burdine she lived on Mr Burdines farm in the farm house and moved from there to near Wallaces's Switch on T. P. Hendrick's walnut shell farm. She told me that she was dissatisfied with the way she was living or the life she was living there on Mr Burdines farm and that she was going away...Mr Burdine seemed to be very much troubled because Roena had moved away. He made considerable effort to have her come back. He asked me to carry a letter to her once and read it to her when I was going to Bristol & in the letter he made some propositions as to what property he would deed her and Nan if she would come back...The letter I carried to her was rather affectionate...When Roena was talking about going away from N. E. Burdines farm place I understand that her reason was that she could not live a Christian life there with N. E. Burdine the way they had been living...

Thomas P. Hendricks: Mr. Burdine seemed very much troubled about Roena leaving and he asked me to help him to get to move back...Mr. Burdine & I went across to her house & the conversation was in reference to her moving back to his farm...he told me that he would give Roena & Nan the farm he bought from Christopher Frick if they would return...she finally consented to return to the home of the said N. E. Burdine, upon the terms stated in the contract that was afterwards drawn and executed.

The Contract: Know all men by these presents that I, N. E. Burdine, of the County of Russell and state of Virginia, am held and firmly bound buond in the sum of Ten thousand dollars to Roena and Nancy Berdine, colored, of the same county and state.

The condition of the above bond are as follows: That I, N. E. Berdine will make or cause to be made a good will to the land that I purchased of Christopher Frick...the said land to be divided between the two parties...I also give to Roena Berdine colored, one fourth part of the stock, and of the grain, & mean, &c., and growing crops that may be on the farm at my death, all the household and kitchen furniture at said farm, I also give to her my Bank stock amounting to One thousand Dollars in the Bank of Abingdon. And I give to Nancy Berdine Five hundred Dollars cash all this property and cash to pass to the other parties by will at my death, providing they live and remain with myself and wife during our natural lives...

 Frank Easterly: N. E. Burdine decd was my great uncle. I have in my hand the family Bible of N. E. Burdine & it shows that Edith C. Burdine wife of N. E. Burdine died the 8th day of January 1888 & it further shows that they were married the 30 day of November 1843. I have examined the monument of Roena Burdine & it shows that she died the 1st day of Octo 1885.

N. W. Easterly: N. E. Burdine married the widow Burns in October 1888. It must have been in November of Decr 1888 or possibly in January 1889 that Nancy Burdine left N. E. Burdine's dwelling house.

Nancy Burdine: Your oratrix avers that, in pursuance of said contract, she and her mother, the said Rena, did at once return to the home of said N. E. Burdine, and they, together, lived with and served the said N. E. Burdine and his wife, until the death of said Rena; and your oratrix after the death of said Rena continue to live with and serve the said N. E. Burdine and wife, until the death of the wife; and then after her death your oratrix continue to live with and serve the said N. E. Burdine, until his death, which occurred on the ___ day of ___, 1897. Your oratrix did not live all the time at the home of said N. E. Burdine, for the reason that a few year after the death of the wife of N. E. Burdine, the said N. E. Burdine married again, and the wife of this last marriage did not desire your oratrix to live at the house with them, but the said N. E. Burdine had your oratrix to move to one of his farm-houses, where your oratrix remained in his employment, and rendered him valuable services, until his death.

Nancy Burdine: Your oratrix avers that she and her mother rendered all the service and performed all the duties, that they were to render and perform, as a consideration for what said N. E. Burdine undertook to do and perform by the contract above mentioned; and that it became and was the duty of said N. E. Burdine to fully perform said contract upon his part...

Richmond Dispatch, 9/16/1900: Nancy brought suit to enforce the contract by which the farm and back stock were to be given to her mother and herself on Mr. Burdine's death...The lower court decided against Nancy...

 Virginia Supreme Court of Appeals, Burdine vs. Burdine's Ex'or.:  We are of the opinion that the daughter is entitled to the property which Mr. Burdine agreed to devise and bequeth her, and that the personal representative of the mother (who was made a party defendant to this suit by an amended bill) is entitled to the bank stock mentioned in the agreement of April 6, 1883. We are further of opinion that the widow of N. E. Burdine is not entitled to dower in the land which he agreed to devise to the complainant.