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Sunday, October 27, 2019

Death Mentions in County Court Law Order Books, August 1854 Through December 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 1854 through December 1854 come from the County and Circuit Court Law Order Books. These excerpts are all mentions of the words executor, deceased, and guardian from the records.

See the full transcriptions on my other site for more details.


August, 1854 County Court Order Book


On motion of William Salyer who took the oath of an administrator prescribed by law & entered into and acknowledged his bond in the sum of $400.00 with Jacob Dorton as his security, a certificate is therefore granted him as administrator of David Salyer deceased in due form.


Ordered that Charles C. Gibson, Shanklin Salyer, and Nimrod Elam after first being duly sworn do appraise all the personal estate to them produced of David Salyer deceased by the administrator and return such appraisement under their hands, signed by the administrator to the Court.


Ordered that Robert Boyd be appointed guardian to Celia Lavina Mutter infant daughter of _____ deceased and thereupon he entered into and acknowledged his bond in the sum of Seven hundred dollars with Wm. B. Aston as his security, conditioned as the law directs, which bond is ordered to be recorded.


Ordered that John F. McElhaney be appointed guardian to Mary F. Carothers infant daughter of John F. Carothers deceased and thereupon he entered into and acknowledged his bond in the sum of $200.00 with Wm. B. Aston Robert Boyd as his security, conditioned as the law directs, which bond is ordered to be recorded.


Ordered that Andrew C. Ferguson be appointed guardian to James H. Ferguson infant son of Andrew C. Fergusons, and thereupon he entered into and acknowledged his bond in the sum of Two hundred dollars with David C. Ferguson as his security, conditioned as the law directs, which bond is ordered to be recorded.


This cause came on this 10th day of August 1854, to be heard upon the bill and exhibits filed in the cause the answer of the infant Defts. by their guardian ad litem and


From an estimate presented by the Clerk of the Court of a debt due from the County to the estate of Aaron Hendricks deceased, it appears that the amount including interest, till the 8th of this month, is $3002.61 for money loaned to build the new Courthouse, and supposing that there may be in the Sheriff's hands from collection of the County levy of 1852 & 1853 a sufficiency to pay off said claim no allowance for the present is made, on account thereof.


George W. Hopkins vs. Andy F. Hendricks, guardian &c.    In Case.

September, 1854 Circuit Court Order Book


Samuel Smith surviving admr. of John Smith deceased who sues for the benefit of Isaac Vermillion admr. of Joseph Jessee deceased      Plt.

Johnson P. Gibson admr. of Thomas Gibson deceased &c. defts.


September, 1854 County Court Order Book


A writing purporting to be the last Will and Testament of John Owens, deceased, was proven in Court by David Jessee senr. and Abram Nordyke the subscribing witnesses.


Ordered that Wm. Salyer be appointed guardian of Johnathan Salyer whereupon he executed bond in the penalty of $600. with John  H. S. Fugate as his surety conditioned according to law.


J. F. McElhaney surety of Johnson P. Gibson administrator of Thos. Gibson deceased declare in Court that he will not longer remain surety, the said John P. Gibson also being present in Court & refusing to give other surety his office aforesaid is made vacant. On motion of Jesse Wampler & Jefferson Bannion who made oath and together with Aaron H. Nash & J. F. McElhaney their sureties entered into and acknowledged bond in penalty of 600$ conditioned according to law. Certificate is granted them for obtaining administration de bonos non. on the estate of said decedent in due form.


Larkin J. Samples, infant of James Samples deceased being of full age for that purpose in open Court made Choice of Elizabeth Samples, his mother as his guardian which is approved by the Court whereupon Elizabeth Samples with E. Ferrell as her surety entered into and acknowledged a bond in the sum of $2000. conditioned according to law. Ordered that Elizabeth Sophia their mother be appointed guardian for Celia Lavina Samples, Elizabeth, Nancy Jane, Sarah Ellen, & Elbert Severe Samples infants of James Samples deceased thereupon Elizabeth Samples & E. Ferrell as her surety entered into the


Penelope E. and Henry Lewis Fletcher infants of Basil Fletcher deceased being of full age for that purpose in open Court made Choice of Sarah Fletcher their mother as their guardian which is approved by the Court - whereupon Sarah Fletcher with E. Ferrell and Gabriel Jessee as her sureties entered into and acknowledged bond in the sum of $1000. conditioned according to law.


Ordered that Sarah Fletcher their mother be appointed guardian for John Larkin, Leah Jane, Nancy Howard, Charles Lilborn, Ruben Lee, Mary Rogers Fletcher infants of Basil Fletcher deceased thereupon Sarah Fletcher with E. Ferrell and Gabriel Jessee as her surety entered into the aforesaid bond.

October, 1854 County Court Order Book


On motion of the plts by their Counsel it is ordered that Dale Carter be appointed guardian ad litem to the infant defendants to defend them in this suit, thereupon he made oath to and filed his answer.


On the motion of George W. Candler who took the oath of administration prescribed by law and entered into and acknowledged his bond in the sum of eight hundred dollars with Robert Boyd and Vincent Jessee as his securities, conditioned as the law directs, a certificate is therefore granted him for obtaining letters of administration on the estate of William Necessary deceased in due form.


...the personal estate to them produced of William Necessary deceased and return such appraisement under their hands signed by the administrator to the Court.


This cause came on this day to be heard on the bill of Complainant and the answer of the infant defendants by D. Carter their guardian ad litem and was argued by counsel and it appearing to the court that the Spa. in the cause has been duly served on the resident defendants and that an order or publication has been duly made posted and published against James Samples the absent Deft. and they failing to appear & answer to bill the same as to them is ordered to be taken for confessed. And it pearing to the court that the salve in the bill mentioned cannot be divided between the heirs of James Samples in kind. It is hereby ordered adjudged and decreed that Stephen G. Samples who is hereby appointed a Comr. for that purpose do sell said slave to the highest bidder at the front door of the Court house of Russell County after having advertised the time and place of sale for one month by an advertisement at the front door of the Courthouse of said County. And that the he be take bond with good security from the purchaser payable to himself as commissioner and the he reports his proceedings to this court at its next term, till when this cause is continued.

November, 1854 County Court Order Book

On the motion of John D. Alderson who took the oath of admr. prescribed by law and entered into and acknowledged his bond in the sum of two hundred dollars with N. E. Burdine as his his security conditioned as the law directs, a certificate is therefore granted him for obtaining letters of administration on the estate of Andy Harvey deceased in due form.

Ordered that William Frick, Abel Alderson, N. E. Burdine and John W. Dorton or any three of them being first sworn before a justice for that purpose do view and appraise in current money all the personal estate to them presented of Andy Harvey deceased and return such appraisment under their hands signed by the administrator to this Court.

On the motion of William Campbell senr. who took the oath of administration prescribed by law and entered into and acknowledged his bond in the sum of 500$ with Wilson Elliott as his his security conditioned as the law directs, a certificate is therefore granted him for obtaining letters of administration on the estate of Nathaniel Monk deceased in due form.

Ordered that Wilson Elliott, Isaiah Cumbo, & Henry Campbell being first sworn before a justice for that purpose do view and appraise all the personal estate of Nathaniel Monk deceased and return such appraisment under their hands signed by the admr. to this Court.

Henry Samples who being of full age for the purpose appeared in Court and made choice of William Samples as his guardian who was accordingly appointed, and thereupon he entered into and acknowledged his bond in the sum of $800.00 with Ira Reynolds as his security, conditioned as the law directs, which bond is ordered to be recorded.

The last will and testament of James P. Carrell, deceased was exhibited in court and proven by the oaths of Samuel W. Aston & William B. Aston the subscribing witnesses there to, and ordered to be recorded.

And on the motion of Charles Carrell, executor therein named, who made oath thereto and with Henry Dickenson, James Dickenson, William B. Aston and Samuel W. Aston as his sureties, entered into and acknowledged a bond in the penalty of $75,000.00 conditioned according to law certificate is granted him for obtaining a probat of the said will in due form.

Resolved that these resolutions be entered among the records of this Court, and a copy be furnished by the clerk to the widow of the deceased, and another to the Abingdon Virginian & Democrat for publication.

Geo. W. Hopkins vs. Andy F. Hendricks Guardian &c. In case.


On the motion of Vincent Browning who took the oath of administrator prescribed by law, and entered into and acknowledged his bond in the sum of three thousand dollars with Robert Burk as his security conditioned as the law directs; A certificate is granted him for obtaining letters of administration on the estate Enas Browning deceased in due form.


December, 1854 County Court Order Book


Ordered that Edward J. Culbertson be allowed the recording fee on the following deed and deeds of trust to wit John Gillum to Charles F. & Abram J. Bond, Jesse Davis to Linkhorn Blevins, Charles F. & Abram J. Bond to John Gillum, Samuel Taylor jr. to Samuel Taylor sr., John D. Alderson & wife to Joseph Combs, Elizabeth Meade to A. W. & Wm. B. Aston, Joseph Eastep to Hiram Eastep, Benjamin A. Warder & others to William Clark, James F. Litton to John Morrison, Isaac Fields & wife to Robert Stinson, Jacob Combs to Elexious Musick, Joseph McReynolds to Harvey Gray, George A. Pruner & wife to John F. McElhaney, all of said deeds were recived for record before James P. Carrell late Clerk of this Court died but was not admitted to record till since his term of office expired, therefore as Edward J. Culbertson C. pro tempore has to record said deeds he is allowed the recording fee & said Carrells Executor is allowed the tax on said deeds.

On the motion of James H. Bays who came forward and qualified as Committee for Joseph Bays a person of unsound mind, acknowledged his bond in the sum two hundered & fifty dollars, with William Bays as his surety the bond conditioned as the law directs, therefore he granted the power act as guardian for said Joseph Bays.

Ordered that Andrew Fraley be appointed as Commissioner to make partition of the lands of ARcher Jessee deceased in the room of Nathaniel Dickenson.

Ordered that James P. Carrell's executor be allowed twenty five dollars for the services of the said James P. Carrell late clerk for examining and certifying the Commissioners' Books for the current year, which is ordered to be certified to the auditor of public accounts.