Chloe Fraley was born in Russell County 1809, the daughter of William and Nancy Smith Fraley. On June 23, 1830 she married James Lee. They had at least 8 children before James Lee died in 1851. Including among her children were James M., Alexander M., David Fletcher, Tivis P., and William E. Lee, who all served in the Civil War (see Alexander M. Lee Tries to Get a Substitute and Five Civil War Veterans Who Survived the War Only To Be Murdered).
After James Lee's death, Chloe married Samuel Osborne on May 18, 1852. Chloe had one known child with Samuel, a daughter Frances S. Osborne.
Chloe's son James M. Lee was stabbed to death while on leave in Russell County on December 26, 1862. Incensed, Chloe placed the following advertisement in the Abingdon Virginian:
$200 REWARD.
I WILL pay the above reward for the apprehension of SQUIRE OSBORNE, who wilfully murdered James M. Lee, in Castles Woods, on Friday, the 26th of December, 1862. Said Osborne is about 36 years of age, about six feet high, blue eyes, dark hair, round or stoop shouldered, has one little finger cut off, (hand not recollected.) He also has fresh wounds on his left arm, is quick spoken, and has a small round face, with a scar below one eye.
CHLOE OSBORNE
The above advertisement ran for several months, but it does not appear that Squire Osborne was ever tried for the murder of James M. Lee. Squire Osborne served in the Civil War and died in 1907 in Wise County.
In 1863 Chloe wrote the following letter to one of her sons. The letter was probably written to her son David F., as James M. was dead, Tivis and Alek (Alex) are mentioned in the letter, and the letter mentions "Mary" who was David's wife. David would eventually divorce his wife Mary in 1868.
Rusel Co virgina
August the 18th 1863
Dear Son I now take my pen in hand to writt to you to let you Know we are in
tolerable health Frances still keeps poorly and eats nothing hardly, I hope
when these lines comes to hand they may find you in good health, I received
a letter from you last Saturday and was truly glad you had come out of your
battle without being hurt I have bad news to write to you Mary lost 140
dollars stole out of her pocket Book and dont Know how it was taken and no
wonder she carried it about with her from place to place and lete other
people count it She has brought the rest of it here Six hundred Dollars
I am taking care of it for you
I am halling in your wheat to day though it is half destroyed I got a
letter from Tives the other day he writes he is very poorly he has been sick
a week or two little Bill was well and seting over a fine pot of chicken
helping himself I have a letter from Tives. I am going to send to you
he writes that he is out of clothing and I am going to send him some by Alek
Alek wants you to get a furlow and go with him I am mighty glad he is such
a brave Soldier tell him the next horse he captures I want him to bring to
me. nomore at present but remain your true mother until Death
Cloey Osborne.
Tivis P. Lee died at the Battle of the Wilderness on May 5, 1864.
Alexander M. Lee died in 1894.
Chloe died in 1898.
David F. Lee died in 1926.
Sunday, September 16, 2018
Saturday, September 1, 2018
Old Man Brackett
The following article is from the February 9th, 1894 edition of the Clinch Valley News.
DECOYED TO HIS DEATH
It is reported that a sensation has been created among the people of Copper Ridge, Russell county, by the arrest of Bill Baker. an illicit distiller, for the murder, four years ago. of an old man by the name of Brackett, and the murder would, in all probability, have remained a secret forever but for the statement of a woman who thought she was on her dying bed. She was the only living witness.
Baker was indicted for illicit distilling four years ago and taken to Abingdon for trial before the United States Court. The trial was postponed and the prisoner released on bond. Old man Brackett was the principal witness against him, and was on hand ready to testify at the trial.
INVITED TO HIS HOME.
When Baker started home that night he asked Brackett to go with him and spend the night. The unsuspecting old man did so, and the world never saw him again.
The woman who divulges the secret was living with Baker as his wife at the time. Next morning she went down in the cellar for something, and a sight met her eyes which made her blood run cold and filled her with horror. There, under a quilt, lay a man with his throat cut from ear to ear.
"IT'S OLD MAN BRACKETT."
She hurried up stairs and asked Baker what it all meant, and who the man was. "It is old man Brackett, who was going to give me away for making liquor." said Baker, "and I cut his throat with this knife, and will cut yours if you ever tell it." She stood in fear of him, and never told till a few days ago, when she learned that that dreaded disease, consumption, would soon carry her away from earth. She thought she had to tell it if she wished to gain entrance into the better world.
Baker will be tried for murder. He is now under arrest.
From the April 8th, 1894 issue of the Tennessean:
BILL BAKER KILLED.
Had Recently Been Acquitted of the Murder of Dr. Brackett.
Bristol, April 7.--[Special.] Bill Baker, a notorious character, who was recently acquitted of the murder of Dr. Brackett, four years ago, was instantly killed on Copper Ridge, near Nickelsville, Va., yesterday evening by Jas. Minton. Three shots took effect, one passing through Baker's head and two through his body. The killing was the result of a quarrel caused by Baker's intimacy with Minton's step-mother. Minton surrendered to the authorities.
From the April 19th, 1894 issue of the Big Stone Gap Post:
JAMES MINTON
Fires Two Shots With His Little "Pop" and Bill Baker Gives Up the Ghost.
On last Friday James Minton shot and instantly killed Bill Baker, at the home of the former on Castle Run, Russel county. The particulars of the killing as near and we can learn as as follows:
The property of Minton and Baker joined one another, the latter by one of his rascally schemes having come in possession of the dower of Mrs. Phillip Minton with whom he was intimate, proceded to the house of her step-son and demanded that he sign a paper in which a trespass upon his own (Minton's) property was stipulated; Minton refused and told Baker to leave his house. Baker pulled a gun and with an oath to the effect that he would make him sign it - but Minton was too quick and fired two shots, one through his body and the other his head. Baker fired one but missed his mark. The two were unfriendly, carried arms to kill one another, and the meeting that resulted in the death of one was inevitable.
Minton is said to be a peacable citizen, while Baker has a wide spred reputation as on of the vilest, meanest men that ever hardened a community. It will be remembered that he was recently jailed for murder of Dr. Bracket, who was a witness against him in the U. S. court, but as usual was let out upon the evidence of an accomplice in crime. At the recent session of this county court he was indicted in five cases and among them one indictment stood for the above mentioned murder. He is gone without regret and the comunity in which he lived is in gain rather than loss by his death. - Coeburn Herald.
DECOYED TO HIS DEATH
It is reported that a sensation has been created among the people of Copper Ridge, Russell county, by the arrest of Bill Baker. an illicit distiller, for the murder, four years ago. of an old man by the name of Brackett, and the murder would, in all probability, have remained a secret forever but for the statement of a woman who thought she was on her dying bed. She was the only living witness.
Baker was indicted for illicit distilling four years ago and taken to Abingdon for trial before the United States Court. The trial was postponed and the prisoner released on bond. Old man Brackett was the principal witness against him, and was on hand ready to testify at the trial.
INVITED TO HIS HOME.
When Baker started home that night he asked Brackett to go with him and spend the night. The unsuspecting old man did so, and the world never saw him again.
The woman who divulges the secret was living with Baker as his wife at the time. Next morning she went down in the cellar for something, and a sight met her eyes which made her blood run cold and filled her with horror. There, under a quilt, lay a man with his throat cut from ear to ear.
"IT'S OLD MAN BRACKETT."
She hurried up stairs and asked Baker what it all meant, and who the man was. "It is old man Brackett, who was going to give me away for making liquor." said Baker, "and I cut his throat with this knife, and will cut yours if you ever tell it." She stood in fear of him, and never told till a few days ago, when she learned that that dreaded disease, consumption, would soon carry her away from earth. She thought she had to tell it if she wished to gain entrance into the better world.
Baker will be tried for murder. He is now under arrest.
From the April 8th, 1894 issue of the Tennessean:
BILL BAKER KILLED.
Had Recently Been Acquitted of the Murder of Dr. Brackett.
Bristol, April 7.--[Special.] Bill Baker, a notorious character, who was recently acquitted of the murder of Dr. Brackett, four years ago, was instantly killed on Copper Ridge, near Nickelsville, Va., yesterday evening by Jas. Minton. Three shots took effect, one passing through Baker's head and two through his body. The killing was the result of a quarrel caused by Baker's intimacy with Minton's step-mother. Minton surrendered to the authorities.
From the April 19th, 1894 issue of the Big Stone Gap Post:
JAMES MINTON
Fires Two Shots With His Little "Pop" and Bill Baker Gives Up the Ghost.
On last Friday James Minton shot and instantly killed Bill Baker, at the home of the former on Castle Run, Russel county. The particulars of the killing as near and we can learn as as follows:
The property of Minton and Baker joined one another, the latter by one of his rascally schemes having come in possession of the dower of Mrs. Phillip Minton with whom he was intimate, proceded to the house of her step-son and demanded that he sign a paper in which a trespass upon his own (Minton's) property was stipulated; Minton refused and told Baker to leave his house. Baker pulled a gun and with an oath to the effect that he would make him sign it - but Minton was too quick and fired two shots, one through his body and the other his head. Baker fired one but missed his mark. The two were unfriendly, carried arms to kill one another, and the meeting that resulted in the death of one was inevitable.
Minton is said to be a peacable citizen, while Baker has a wide spred reputation as on of the vilest, meanest men that ever hardened a community. It will be remembered that he was recently jailed for murder of Dr. Bracket, who was a witness against him in the U. S. court, but as usual was let out upon the evidence of an accomplice in crime. At the recent session of this county court he was indicted in five cases and among them one indictment stood for the above mentioned murder. He is gone without regret and the comunity in which he lived is in gain rather than loss by his death. - Coeburn Herald.
Saturday, July 21, 2018
The World War II Letters of Billy J. Campbell, Letter 9
Tokyo
Oct 17 [1945]
Hello Everybody
Its after bed time now but maybe I can say hello before they turn the lights out.
We are still fooling around trying to train pull guard and details. I have never had more than two men of my section with me at once when we were working on the machine guns. There is 8 men in the section but some of them are always on detail or something. I think ever time they get a new eight ball they send him to my section. Maybe nobody else can get them on the ball like me!
We had retreat parade this evening for the first time and we have 3 parades in the next 4 days. I hope they think we look too well to stay in Japan. I think they could use a good outfit like the 1st Cav back in the States for xmas parades and so forth.
Some of the boys were telling tonit that 40 point men were going home, according to the records that gets ever man in this division. If thats true they will change our point score back down to what it is supposed to be. They have been talking about making this outfit over strength but so far we just got enough men from the 43rd to replace the last bunch that went home. It will take another 20 men to make it up to strength.
I heard from Doris yesterday. I think they are both homesick. Maynard, Sam & Lissie all wrote me and sent me a picture yesterday.
Its about time for somebody to come around raising heck about the lights so I had better get in bed. I don't want to lose these 3 stripes this quick.
Love
Bill
Oct 17 [1945]
Hello Everybody
Its after bed time now but maybe I can say hello before they turn the lights out.
We are still fooling around trying to train pull guard and details. I have never had more than two men of my section with me at once when we were working on the machine guns. There is 8 men in the section but some of them are always on detail or something. I think ever time they get a new eight ball they send him to my section. Maybe nobody else can get them on the ball like me!
We had retreat parade this evening for the first time and we have 3 parades in the next 4 days. I hope they think we look too well to stay in Japan. I think they could use a good outfit like the 1st Cav back in the States for xmas parades and so forth.
Some of the boys were telling tonit that 40 point men were going home, according to the records that gets ever man in this division. If thats true they will change our point score back down to what it is supposed to be. They have been talking about making this outfit over strength but so far we just got enough men from the 43rd to replace the last bunch that went home. It will take another 20 men to make it up to strength.
I heard from Doris yesterday. I think they are both homesick. Maynard, Sam & Lissie all wrote me and sent me a picture yesterday.
Its about time for somebody to come around raising heck about the lights so I had better get in bed. I don't want to lose these 3 stripes this quick.
Love
Bill
Saturday, June 9, 2018
World War I Letters of Russell County, Feburary 14, 1919
The following letter originally appeared in the February 14th, 1919 issue of the Lebanon News:
"Mount Mayen, France Jan. 1.
Mr. E. B. Sutherland.
My Dear father:
as this is the dawn of a new year and I have bid goodbye to the old year, again I am pleased to be able to write you. I am glad and thankful I am well and permitted to write and live through another year and I welcome the New year with gladness and pray that I may never see another year of war. Oh the suffering that men and women have gone through with. Sherman said "war was hell," but I say it is worse than that, but thanks to the Lord it is all over now, the victory won. American people must not think too highly of ourselves and think that we alone won the victory. We must remember our brave allies and our brave women who did their part. Of course the soldiers did their part but the good people back home, the church, the fathers and mothers prayers, these turned the tide of battle for us. Some may think strange of this but I really believe it.
Well father, I am glad you heard from brother Dewey. Hope the boys are alright. I was sorry to hear of Lafayett Sexton's death but we must remember that if any soldier is killed, he has paid the supreme sacrifice and died a heroes' death for his country.
I received three Lebanon papers and saw where several of our Virginia boys were killed and wounded over here.
We are back a few miles from the railroad and I think they are determined to starve us out. I haven't had enough to eat since I came to the company. You know I hate to write this but the whole company will back me up. The trouble is we can't buy anything to eat where we are now.
Well father, I saw a boy from Co. L. 116 U. S. Infantry, who said he knew brother Dewey. He is in the 29th Division. I think that division is booked for home.
I received my Christmas box the 28th of December. It certainly was fine and I cannot say enough for the Red Cross and Y. M. C. A. You know they are doing a good work.
I expect to be in the U. S. soon as I learn they are going to take us to the coast. I would like to received a letter from all my friends in the United States. I think I will close for today. I remain as ever your son,
PVT HENRY DOUGLAS SUTHERLAND,
Co. K 54 U. S. Inft. Reg."
"Mount Mayen, France Jan. 1.
Mr. E. B. Sutherland.
My Dear father:
as this is the dawn of a new year and I have bid goodbye to the old year, again I am pleased to be able to write you. I am glad and thankful I am well and permitted to write and live through another year and I welcome the New year with gladness and pray that I may never see another year of war. Oh the suffering that men and women have gone through with. Sherman said "war was hell," but I say it is worse than that, but thanks to the Lord it is all over now, the victory won. American people must not think too highly of ourselves and think that we alone won the victory. We must remember our brave allies and our brave women who did their part. Of course the soldiers did their part but the good people back home, the church, the fathers and mothers prayers, these turned the tide of battle for us. Some may think strange of this but I really believe it.
Well father, I am glad you heard from brother Dewey. Hope the boys are alright. I was sorry to hear of Lafayett Sexton's death but we must remember that if any soldier is killed, he has paid the supreme sacrifice and died a heroes' death for his country.
I received three Lebanon papers and saw where several of our Virginia boys were killed and wounded over here.
We are back a few miles from the railroad and I think they are determined to starve us out. I haven't had enough to eat since I came to the company. You know I hate to write this but the whole company will back me up. The trouble is we can't buy anything to eat where we are now.
Well father, I saw a boy from Co. L. 116 U. S. Infantry, who said he knew brother Dewey. He is in the 29th Division. I think that division is booked for home.
I received my Christmas box the 28th of December. It certainly was fine and I cannot say enough for the Red Cross and Y. M. C. A. You know they are doing a good work.
I expect to be in the U. S. soon as I learn they are going to take us to the coast. I would like to received a letter from all my friends in the United States. I think I will close for today. I remain as ever your son,
PVT HENRY DOUGLAS SUTHERLAND,
Co. K 54 U. S. Inft. Reg."
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.
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.
Saturday, May 12, 2018
Trouble in Post-War Russell County, the Doubles Gang
Autobiography of an Octogenarian
By Robert Enoch Withers
When I first announced my purpose of settling in Russell County, some of my friends remonstrated because of the troubles which had broken out after the war between the returned soldiers and the horde of deserters and Union men occupying a section of country known as the "Doubles," lying between the farm I had leased and the Clinch River. In truth, there had been a great deal of trouble in that particular locality. The Union men, as they called themselves, only claimed this name as an excuse for keeping out of the service. After the surrender they became very aggressive, and, relying on the support of the army detachments quartered in every county, they sought to wreak their vengeance on the loyal Confederates, who had raided their fastnesses during the war and arrested them as deserters or robbers as the case might be.
Scarcely a Sunday passed without a collision, generally precipitated by an attack on some obnoxious Confederate officer or soldier, several of whom were shot and severely wounded. Finally they assaulted a returned Confederate officer named Fuller, belonging to an influential family in the county, and shot him dangerously one Sunday at church. An impromptu meeting was held and some one proposed to organize a party and clean out the "Doubles." No definite action was taken, however, but on the next day placards were put up in public places, signed by the ring leader of the union party, saying that such an expedition was in contemplation and defiantly inviting them to come on, as they were ready to receive them. Two mornings afterwards, as he came out from his cabin into a road running around my field fence and leading into a public road, he dismounted to let down a pair of draw-bars, and as he was leading his horse through, the crack of a dozen guns was heard, and he fell dead in his tracks. The party who inflicted this summary punishment rode directly to his house to call out his father, who had also been very conspicuous in the attacks made on the returned Confederates, but as they approached he fired on them, wounding one of the party seriously. The rest dashed into the house, after breaking down the door, but could find no one but women in the cabin, who alleged that the old man had escaped by the back door. This story was not accepted, and they began a systematic search of the premises, finally pulling up a plank from the floor which was loose, and there he was found. He was ordered to come out, and as his head appeared at the opening, one of the party blew his brains out.
They then went to the house of a magistrate near by, believed by all to be the chief fomenter of the strife, but too great a coward to take an active part personally, and gave him unmistakable warning, that if he dared to issue any warrant or legal process designed to procure the arrest of any of the party, his life would not be worth an hour's purchase. The men then returned home, but complaint was soon made to the officer in command of the military at Abingdon, requesting his interference. He detailed a squad of men, under command of a lieutenant, and sent them over to Russell, with orders to investigate and report the facts. This officer, fortunately, was a man of good sense and sound judgment, and after hearing the testimony, returned to Abingdon and reported that the two Hubbards had certainly been killed in defiance of law, but that they richly deserved the fate meted out to them. The only wonder was that the community had so long submitted to the outrages and violences committed by these men and their associates. This heroic remedy proved effective and put a stop to further violence.
I rented land to some of these very men after I came into possession of the farm, and never had any trouble or difficulty with any of them.Lebanon News, Lebanon, VA
1930
Killing in Doubles After Close Of Bloody Civil War
Sixty-five years ago were memorable days in Russell county. This period marked the return home of the grey clad boys who had faced the hardships of four years of war, or at least the return of those who did not fall on the field of battle. Today only a few of these old warriors remain to tell the story of this conflict.
The editor of this paper has just received a letter from Mrs. L. Askew, of Bellefontaine, Ohio, asking for information as to the fate of two men by the name of Hubbard in Elk Garden, following the close of the war.
According to the story, still familiar to the older generation, El Hubbard and his father, desperate characters, threatened the lives of every Confederate soldier in the county, and attempted to carry out that threat by going to Elk Garden church on a Sunday morning in 1865 and shot Will Fuller, one of the men who distinguished himself on the field of battle, capturing sixteen Yankees single handed. Fuller was badly wounded but survive and lived until about three years ago.
On Monday morning following nine old Confederates of this county who had but a short time before laid down their muskets, shouldered arms again and in the Doubles between Elk Garden and Honaker they met El Hubbard on horseback and nine minnie balls pierced his body, Hubbard leaping about four feet above his horse when hit. This incident happened near the old Bob Howard place on top of the Doubles.
John Hubbard, father of El Hubbard was followed to his home and took refuge under the house, and after he refused to come out he was shot to death while under the floor. This put an end to shooting Confederate soldiers.
No trial ever resulted from the killing of these two men.
Lebanon News
Obituary of W.H. Fuller
September 14, 1928
Injuries To W.H. Fuller Prove Fatal
W.H. Fuller, injured a few days ago when struck by a truck at his home near Barnett, died Tuesday morning, September 11, 1928.
The deceased was 88 years old and the aged wife to whom he had been married 62 years, survive.
He was a splendid man and citized and gave his best as a soldier in the Confederate army.
Single handed on one occasion during the bloody days, he surprised and captured 16 Yankees, disarmed them and marched them into the Confederate lines.
He was also a soldier of the Cross and was ready for the last bugle call.
Funeral and burial today (Wednesday.)
Saturday, April 28, 2018
"Suicide of a Conscript"
A few days ago a man named G. W. Hendricks was brought from Russell county to this city, as a conscript loth to do his duty and prone to desert. He was taken before the proper authorities, where he was soon discovered to be "non compos mentis." On Sunday night he was accommodated with lodgings at the Powhatan Hotel, and on Monday morning died, from what afterward proved to be an overdose of morphene, obtained no one could tell how. His friends took charge of his body for embalment and transportation back to Russell county. We are told that the unfortunate man served at Fort Donelson, was taken prisoner there by the Yankees, cruely treated with his brother soldiers at the prison (Camp Chase,) and since his return had escaped the conscription by reason of being over thirty-five years of age, until Congress amended the law; then he attempted to put in a substitute, but failed, the substitute not being accepted. Being brought to Richmond as a conscript, the desperate act which he committed culminated his career and quited his anxieties. - Richmond Enquirer, March 4th.
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