Rebecca Jane BARRETT

Other Events:

• _UID: 8B4779F617354ABF9F4B35A9DE786726414F

Notes:

CENSUS RECORDS

1900 United States Federal Census
Name: Rebecca J Barrett
Age: 16
Birth Date: Sep 1883
Birthplace: Virginia
Home in 1900: Maiden Spring, Tazewell, Virginia
Race: White
Gender: Female
Relation to Head of House: Daughter
Marital Status: Single
Father's Name: Jasper N Barrett
Father's Birthplace: Virginia
Mother's Name: Lovia Barrett
Mother's Birthplace: Virginia
Household Members:
Name Age
Jasper N Barrett 42
Lovia Barrett 35
Rebecca J Barrett 16
Nancy M Barrett 14
Mary M Barrett 11
Bertha S Barrett 9
Pearl F Barrett 7
Jasper V Barrett 4
Lessie Gay Barrett 1

1910 Census
Name: Jane Phipps
Age in 1910: 24
Birth Year: abt 1886
Birthplace: Virginia
Home in 1910: Garden, Buchanan, Virginia
Race: White
Gender: Female
Relation to Head of House: Wife
Marital Status: Married
Spouse's Name: Lee W Phipps
Father's Birthplace: Virginia
Mother's Birthplace: Virginia
Native Tongue: English
Able to Read: Yes
Able to Write: Yes
Years Married: 8
Number of Children Born: 5
Number of Children Living: 4
Household Members:
Name Age
Lee W Phipps 48
Jane Phipps 24
Flora Phipps 8
Pansy Phipps 5 [Fannie]
Newton Phipps 4
Greever Phipps 2


Buried:
Grave location:
http://www.findagrave.com/cgi-bin/fg.cgi?page=gr&GRid=157178925

Rebecca married Levi Franklin Phipps 02 Dec 1901, Tazewell Co. VA. Levi was born 03 Jun 1861, Grayson Co. VA; died 29 Jul 1936, Buchanan Co. VA; was buried , Phipps Family Cemetery, Bearwallow, Buchanan Co. VA. [Group Sheet]

Notes:

Married:
Virginia, Marriages, 1785-1940. Salt Lake City, Utah: FamilySearch, 2013.

Name: Jane Barrett
Gender: Female
Age: 19
Birth Date: 1882
Marriage Date: 2 Dec 1901
Marriage Place: Tazewell Co., Virginia
Father: Newton J. [Jasper Newton]
Mother: Lavy [Levy]
Spouse: L. F. Phipps
Gender: Male
Age: 36
Birth Date: 1865
Father: Jno. C.
Mother: Mazy
FHL Film Number: 34214

1. Flora Phipps was born 11 Dec 1904, Buchanan Co. VA; died 25 Dec 1928, Buchanan Co. VA; was buried , Phipps Family Cemetery, Bearwallow, Buchanan Co. VA.
2. Fannie Phipps was born 27 Jan 1905, Buchanan Co. VA; died 13 Sep 1948, Jewell Valley, Buchanan Co. VA; was buried , Phipps Family Cemetery, Bearwallow, Buchanan Co. VA.
3. Newton Phipps was born 09 Jun 1907, Buchanan Co. VA; died 13 Feb 1941, Buchanan Co. VA; was buried , Phipps Family Cemetery, Bearwallow, Buchanan Co. VA.
4. Greever Phipps was born 01 Apr 1909, Buchanan Co. VA; died 30 Sep 1952, Buchanan Co. VA; was buried , Phipps Family Cemetery, Bearwallow, Buchanan Co. VA.
5. John Luther Phipps was born 22 Mar 1911, Buchanan Co. VA; died 30 Jul 1979, Richlands, Tazewell Co. VA; was buried , Phipps Family Cemetery, Bearwallow, Buchanan Co. VA.
6. George Preston Phipps was born 10 Jan 1913, Buchanan Co. VA; died 22 Sep 1999, Washington Co. VA.
7. Robie Clyde Phipps was born 21 Apr 1917, Buchanan Co. VA; died 15 Jul 1976, Bishop, McDowell Co. WV.
8. Stewart Harold Phipps was born 28 Mar 1919, Buchanan Co. VA; died 18 May 1974, Richlands, Tazewell Co. VA; was buried , Greenhills Memory Gardens, Claypool Hill, Tazewell Co. VA.

Other Events:

• _UID: DF1D0174C9FD4DB39B1232BF22F363F64387

Notes:

CENSUS RECORDS

1860 United States Federal Census
Name: Jasper Barrett
Age in 1860: 2
Birth Year: abt 1858
Birthplace: Virginia
Home in 1860: Western District, Tazewell, Virginia
Gender: Male
Post Office: Baptist Valley
Household Members:
Robert H Barrett 31
Margaret Barrett 28
Mary C Barrett 7
George W Barrett 6
Wm R Barrett 4
Jasper Barrett 2
Rebecca Barrett 6 months

1870 United States Federal Census
Name: Newton J Barrett
Age in 1870: 13
Birth Year: abt 1857
Birthplace: Virginia
Home in 1870: Maiden Spring, Tazewell, Virginia
Race: White
Gender: Male
Post Office: Knob
Household Members:
Robt H Barrett 42
Margaret Barrett 40
George W Barrett 17
Rawley W Barrett 15
Newton J Barrett 13
Rebecca Barrett 11
Margaret Barrett 6
Ellen Barrett 4
James Barrett 1

1900 United States Federal Census
Name: Jasper N Barrett [Jasper Barrett]
Age: 42
Birth Date: Dec 1857
Birthplace: Virginia
Home in 1900: Maiden Spring, Tazewell, Virginia
Race: White
Gender: Male
Relation to Head of House: Head
Marital Status: Married
Spouse's Name: Lovia Barrett
Marriage Year: 1882
Years Married: 18
Father's Birthplace: Virginia
Mother's Birthplace: Virginia
Household Members:
Jasper N Barrett 42
Lovia Barrett 35
Rebecca J Barrett 16
Nancy M Barrett 14
Mary M Barrett 11
Bertha S Barrett 9
Pearl F Barrett 7
Jasper V Barrett 4
Lessie Gay Barrett 1

1910 United States Federal Census
Name: Jasper N Barret
Age in 1910: 51
Birth Year: abt 1859
Birthplace: Virginia
Home in 1910: Maiden Spring, Tazewell, Virginia
Race: White
Gender: Male
Relation to Head of House: Head
Marital Status: Married
Spouse's Name: Levenia Barret
Father's Birthplace: Virginia
Mother's Birthplace: Virginia
Household Members:
Jasper N Barret 51
Levenia Barret 46
Bertha S Barret 18
Jasper N Barret Jr 15
Jesse J Barret 7
Louise Barret 9 months

1920 United States Federal Census
Name: Jasper N Barrett
Age: 63
Birth Year: abt 1857
Birthplace: Virginia
Home in 1920: Camp Creek, Pike, Ohio
Race: White
Gender: Male
Relation to Head of House: Head
Marital Status: Married
Spouse's Name: Jane Barrett
Father's Birthplace: Virginia
Mother's Birthplace: Virginia
Home Owned: Own
Able to Read: Yes
Able to Write: Yes
Household Members:
Jasper N Barrett 63
Jane Barrett 54
Shone Barrett 26
Jesse Barrett 17
Myrtle Nelson 13 [granddaughter]
Maizey Nelson 11 [granddaughter]

1930 United States Federal Census
Name: Jasper N Barrett
Gender: Male
Birth Year: abt 1858
Birthplace: Virginia
Race: White
Home in 1930: Camp Creek, Pike, Ohio
Marital Status: Married
Relation to Head of House: Head
Spouse's Name: Loy F Barrett
Father's Birthplace: Virginia
Mother's Birthplace: Virginia
Household Members:
Jasper N Barrett 72
Loy F Barrett 65
Ula F Altizer 14 [granddaughter]

Died:
Ohio, Deaths, 1908-1932, 1938-2007
Name: Jasper N Barrett
Death Date: 30 Jan 1932
County of Death: Pike

Jasper married Evaline Frances (Levie) PACK 10 Oct 1882, Tazewell Co VA. Evaline (daughter of Fleming (Flem) PACK and Rebecca Jane BURRESS) was born ca 1863, Tazewell Co. VA; died Aft 1930. [Group Sheet]

Other Events:

• _UID: 9467AE19B5A043979B2651F9EAEDE08C3FBB

Notes:

CENSUS RECORDS

1870 Census
Name: Levi Pack
Age in 1870: 7
Birth Year: abt 1863
Birthplace: Virginia
Home in 1870: Maiden Spring, Tazewell, Virginia
Race: White
Gender: Male [Female]
Post Office: Knob
Household Members:
Name Age
Fleming Pack 35
Rebecca T Pack 30
Levi Pack 7
James Pack 9
William Pack 5
Eliza Pack 4
John Pack 1

1880 Census
Name: Leova Pack [Levie]
Age: 16
Birth Year: abt 1864
Birthplace: Virginia
Home in 1880: Maiden Spring, Tazewell, Virginia
Race: White
Gender: Female
Relation to Head of House: Daughter
Marital Status: Single
Father's Name: Fleming Pack
Father's Birthplace: Virginia
Mother's Birthplace: Virginia
Occupation: At Home
Household Members:
Fleming Pack 40
Louisa Pack 18 [Eliza]
Levie Pack 16
William Pack 12
John Pack 10
Margret Pack 7

1900 United States Federal Census
Name: Lovia Barrett [Levie F Barrett]
Age: 35
Birth Date: 1864
Birthplace: Virginia
Home in 1900: Maiden Spring, Tazewell, Virginia
Race: White
Gender: Female
Relation to Head of House: Wife
Marital Status: Married
Spouse's Name: Jasper N Barrett
Marriage Year: 1882
Years Married: 18
Father's Birthplace: Virginia
Mother's Birthplace: Virginia
Mother: number of living children: 7
Mother: How many children: 7
Household Members:
Jasper N Barrett 42
Lovia Barrett 35
Rebecca J Barrett 16
Nancy M Barrett 14
Mary M Barrett 11
Bertha S Barrett 9
Pearl F Barrett 7
Jasper V Barrett 4
Lessie Gay Barrett 1

1910 United States Federal Census a
Name: Levenia Barret [Levie F Barret]
Age in 1910: 46
Birth Year: abt 1864
Birthplace: Virginia
Home in 1910: Maiden Spring, Tazewell, Virginia
Race: White
Gender: Female
Relation to Head of House: Wife
Marital Status: Married
Spouse's Name: Jasper N Barret
Father's Birthplace: Virginia
Mother's Birthplace: Virginia
Household Members:
Jasper N Barret 51
Levenia Barret 46
Bertha S Barret 18
Jasper N Barret Jr 15
Jesse J Barret 7
Louise Barret 9 months

1920 United States Federal Census
Name: Jane Barrett [Anne Barrett]
Age: 54
Birth Year: abt 1866
Birthplace: Virginia
Home in 1920: Camp Creek, Pike, Ohio
Race: White
Gender: Female
Relation to Head of House: Wife
Marital Status: Married
Spouse's Name: Jasper N Barrett
Father's Birthplace: Virginia
Mother's Birthplace: Virginia
Able to Read: No
Able to Write: No
Household Members:
Jasper N Barrett 63
Jane Barrett 54
Shone Barrett 26
Jesse Barrett 17
Myrtle Nelson 13 [granddaughter]
Maizey Nelson 11 [granddaughter]

1930 United States Federal Census
Name: Loy F Barrett [Levie F Barrett]
Gender: Female
Birth Year: abt 1865
Birthplace: Virginia
Race: White
Home in 1930: Camp Creek, Pike, Ohio
Marital Status: Married
Relation to Head of House: Wife
Spouse's Name: Jasper N Barrett
Father's Birthplace: Virginia
Mother's Birthplace: Virginia
Household Members:
Jasper N Barrett 72
Loy F Barrett 65
Ula F Altizer 14 [granddaughter]



Name:
Source for name is from Tazewell County Court Chancery Records, in which she is a defendant in William Pack vs. John R. Pack et al heirs of Flemming Pack, 1909. Her name is given as Evaline Frances Barrett in the summons dated 1 Aug 1906.

Notes:

Married:
Virginia Marriages, 1785-1940
Groom's Name: Gasper N. Barrett [Jasper]
Groom's Birth Date: 1857
Groom's Birthplace: Tazewell Co., Virginia
Groom's Age: 25
Bride's Name: Leuine F. Pack [Levisa, Levina]
Bride's Birth Date: 1865
Bride's Birthplace: Tazewell Co., Virginia
Bride's Age: 17
Marriage Date: 19 Oct 1882
Marriage Place: Tazewell, Virginia
Groom's Father's Name: R. H. Barrett
Groom's Mother's Name: M
Bride's Father's Name: Fleming Pack
Bride's Mother's Name: R. J.
Groom's Marital Status: Single
Bride's Marital Status: Single
Indexing Project (Batch) Number: M01695-4
System Origin: Virginia-EASy
Source Film Number: 34214
Reference Number: Page 61 Line 81

Other Events:

• _UID: 01E1806ACC43493EAD2D6832EEDFA5256DEB

Notes:

CENSUS RECORDS

1850 United States Federal Census
Name: Fleming Pack
Age: 14
Birth Year: abt 1836
Birthplace: Virginia
Home in 1850: Western District, Tazewell, Virginia
Family Number: 1286
Household Members:
Jno Pack 45
Matilde Pack 40
Isham Pack 16
Fleming Pack 14
Crocket Pack 12
Trnsell Pack 10 [Tinsley]
Sarah Pack 8
Cynthia Pack 7
Wm Pack 5
Elenor Pack 3

1860 United States Federal Census
Name: Fleming Pack
Age in 1860: 23
Birth Year: abt 1837
Birthplace: Virginia
Home in 1860: Western District, Tazewell, Virginia
Gender: Male
Post Office: Knob and Cedar Bluff
Household Members:
Fleming Pack 23
Rebecca J Pack 23

1870 United States Federal Census
Name: Fleming Pack
Age in 1870: 35
Birth Year: abt 1835
Birthplace: North Carolina
Home in 1870: Maiden Spring, Tazewell, Virginia
Race: White
Gender: Male
Post Office: Knob
Occupation: Farm Laborer
Household Members:
Fleming Pack 35
Rebecca T Pack 30
Levi Pack 7
James Pack 9
William Pack 5
Eliza Pack 14
John Pack 1

1880 United States Federal Census
Name: Fleming Pack
Age: 40
Birth Year: abt 1840
Birthplace: Virginia
Home in 1880: Maiden Spring, Tazewell, Virginia
Race: White
Gender: Male
Relation to Head of House: Self (Head)
Marital Status: Widower
Father's Birthplace: Virginia
Mother's Birthplace: Virginia
Occupation: Farmer
Household Members:
Fleming Pack 40
Louisa Pack 18
Leova Pack 16
William Pack 12
John Pack 10
Margret Pack 7

1900 United States Federal Census a
Name: Fleniners Pack [Fleming]
Age: 64
Birth Date: Aug 1835
Birthplace: Virginia
Home in 1900: Big Creek, McDowell, West Virginia
Race: White
Gender: Male
Relation to Head of House: Head
Marital Status: Widowed
Father's Birthplace: Virginia
Mother's Birthplace: Virginia
Household Members:
Flemming Pack 64
Liza Pack 32
James Pack 9
Mandy Buster 44 [servant] his sister
Crocket Buster 18 [servant's son] nephew
Matilda Buster 15 [servant's daughter] niece

----------

Owned a lot of land around Berwind, WV. [See his second wife's will below and the court case from this land.] One his sons died as a child, and was buried under the water tank. (Source Ella Pack Whitaker) This could have been Levi. Older family members gave Jane Burress as another wife. She could have been this third wife, but this had not been confirmed, and I suspect they have her confused with his first wife, Rebecca J. [Jane ?] Burruss. First name is spelled Flemon in Tazewell County deeds and land transfers.

NEWSPAPER ARTICLES

Clinch Valley News; 28 October 1904

Mistake Corrected
Pounding Mill, Va.,
J. A. Leslie, Ed., Oct. 25, 1904.
Tazewell, Va.

Dear Sir;

I desire to correct a misstatement of J. F. Griffith published in your paper of the 21st. inst. Mr. Griffith states that Flem Pack was turned down at Pounding Mill, because he had failed to pay his capitation tax. This is not true. Mr. Pack was a good soldier and Is exempt from
the prepayment of his tax as a prerequisite to voting. Mr. Pack never has made application to register since
the 1st of January, 1904, at Pounding Mill. I would like for Mr. Griffith to give his author for the information he
obtained with regard to Mr. Pack.
Yours truly,
W C Williams
---------------

DEATH

Clinch Valley News; 12 Jan 1906

Flem Pack died at his home in Baptist Valley on Dec 1 at the age of 60 years.

DEEDS

Sale of Lands from Flemming Pack to William and Angeline Pack (1903) Transcribed by Cheryl Duke

THIS DEED made this 8th day of Sept. in the year one thousand nine hundred and three between Flemon (sic) Pack, parties of the first part, and William Pack & Angeline Pack, his wife, parties of the second part.

WITNESSETH That in consideration of the sum of One Hundred and fifty Dollars in hand paid the receipt whereof is hereby acknowledged for one tract of land hereafter described, the said Flemon Pack does grant unto the said William Pack and Angeline Pack with general warranty, all that certain tract or parcel of land lying and being in the County of Tazewell and State of Va., being a part of the home tract containing fifty acres more or less beginning at Moses Beavers' corner, running up the public road three hundred and 33 yards to a stake in middle of road; thence a due southerly course to the top of Sugar Camp Mountain; thence running with top of said Mountain to Moses Beavers' line and with said line to the beginning.

It is further stipulated in this deed that the said William Pack shall have this land during their life time and at their death it shall be the property of their children to have and to hold.

The said Flemon Pack covenant that he has the right to convey the said land to the grantee; that he has done no act to encumber the said land; that the grantee shall have quiet possession of the said land free from all encumbrances, and that the said party of the first part will execute such further assurance of the said land as may be requisite.

Witness the following signature and seal.

Flemon Pack (SEAL)

STATE OF VIRGINIA, COUNTY OF TAZEWELL, to-wit:

I, J. R. Sparks, a Notary Public in and for the County aforesaid, in the State of Virginia, do certify that Flemon Pack whose name is signed to the foregoing writing bearing date on the 8th day of Sept., 1903 has acknowledged the same before me in my County aforesaid.

Given under my hand this 8 day of Sept., 1903.

J. R. Sparks.

My commission expires March 11th, 1906.

VIRGINIA TAZEWELL COUNTY to-wit:

In the Office of Tazewell County Court the 9th day of Sept., 1903, This deed was presented and, with the certificates annexed, admitted to record.

Teste: T. E. George, Clerk.

A true copy.

----------------

Tazewell Co. VA Dee Book 53, page 190

Flemon Pack to William Pack.

THIS DEED made this March 22, 1904 between Flemon Pack of the first part and William Pack of the second part all of the County of Tazewell and State of Virginia, WITNESSETH That in consideration of One Dollar in hand paid, the receipt whereof is hereby acknowledged, the said party of the first part hath this day bargained, sold and conveyed. unto the said. party of the second part all that tract, lot or parcel of land lying and being in the County and State aforesaid on the south side of the County road between Baptist Valley and Cedar Bluff and known as a part of the Sheffey lands, adjoining a small tract of said Sheffey land conveyed to William Pack and Angeline, his wife, by deed from Flemon Pack, bearing date on Sept. the 8th, 1903, and containing 25 acres, more or less and bounded as follows - to?wit:

Beginning at a stake in the road 333 yards above Moses Beavers? corner and running with said road an easterly course a distance of 2.84 yards to a small white oak and a dead oak stmp (SIC) near the branch that crosses the road thence south to a marked chestnut oak on top of Sugar Camp Mountain and with the top of said mountain to a stake designated a corner between the lands of Flemon Pack and William Pack and Angeline Pack, his wife; thence with the said William Pack and Angeline Pack?s line back to the beginning corner.

And the party of the first part covenants with the party of the second part that he will warrant and defend this deed against all other deeds, titles and claims and that he shall forever have quiet and peaceable possession of said land free from all encumbrances and that he has a right to convey the said land and that he has done not acct (SIC) whatever to encumber the said land.

Witness the following signature and seal, the day and date first above written

Flemon Pack (SEAL)

STATE OF VIRGINIA, COUNTY OF TAZEWELL, to-wit:

I, T. R. Wingo, a Justice of the Peace in and for the County and State aforesaid, do certify that Flemon Pack, whose name is signed to the foregoing writeing (SIC) bearing date on the 22nd of March 1904, has acknowledged the same before me in my County

Given under my hand this March 22nd, 1904.

T. R. Wingo, J. P.

VIRGINIA In the Clerk?s Office of Tazewell County Circuit Court May 4th, 1904.

This deed was presented and upon the annexed certificate of acknowledgment, was admitted to record.

Teste; T. E. . George, Clerk

---------

MILITARY RECORDS

American Civil War Soldiers
Name: Fleming Pack
Side Served: Confederacy
State Served: Virginia
Service Record: Enlisted as a Private.
Enlisted in Company K, 37th Battn Cavalry Regiment Virginia.
Sources: 425

Civil War Service: 37th Battalion Virginia Cavalry, Dunn's Partisan Rangers, Co. K, rank private.

37th Cavalry Battalion was organized in August, 1862, as Dunn's Partisan Rangers. The battalion contained four companies and in November was changed to regular cavalry. Company B was composed of former members of the 4th Regiment South Carolina Infantry, Company F of North Carolinians, and Company K was formerly Captain Pack's Company, 21st Regiment Virginia Cavalry.[his brother, Crockett Pack] Company H was transferred to Swann's Battalion Virginia Cavalry by S.O. No. 130, Hdqrs. Dept. W.Va. and E. Tenn, dated December 28, 1864. It was assigned to W.E. Jones', McCausland's and W.L. Jackson's Brigade. During April, 1864, it totaled 300 effectives and by June had increased its strength to ten companies. It was involved in various operations in western Virginia and East Tennessee, then saw action in the Shenandoah Valley. The unit disbanded in mid-April, 1865. Lieutenant Colonel Ambrose C. Dunn and Major J.R. Claiborne were in command.

Civil War Soldiers, 1861-1865
Name: Fleming Pack
Side: Confederate
Regiment State/Origin: Virginia
Regiment Name: 188 Virginia Militia
Regiment Name Expanded: 188th Regiment, Virginia Militia
Company: C
Rank In: Private
Rank In Expanded: Private
Rank Out: Private
Rank Out Expanded: Private
Film Number: M382 roll 42

Flem also served in the The 188th Virginia Militia Regiment, Company C from Tazewell County, under the command of Colonel Henry S. Bowen. His brother Tinsley served with him in the same unit.




WILL OF REBECCA JANE HOLBROOK PACK

Last Will and Testament of Rebecca Jane Pack, recorded in McDowell Co. WV.

August 7, 1888

I, Rebeckey Jane Pack, of McDowell County, and State of West Virginia, (but now of Webster County, W. Va.,)do make and declare this to be my last will and testament as follow s: I will and bequeath unto Cosby Holbrook, my mother, and William T. Holbrook, my brother, all of my land situated on the Dry Fork of Tug River, in McDowell county and state of West Virginia, known as my home place, to hold in trust for my two children until they become of age, and in the event of the death of one or both of the children , Flem o r Jennie [Jimmie], the land goes to Cosby Holbrook her lifetime, and In the even t of the death of Cosby Holbrook and one or both of my children, any time before the children
should become of age, the land goes to William T. Holbrook, his heirs and assigns forever.

Given under my hand , the seventh day of August, one thousand eight hundred and eighty eight.

REBECKEY JONES [Jane] PACK.(Seal)

Signed and sealed in the presence of these witnesses:
John W. Wease,
Casander Gadd,
J. B. Bentley ,
Marshal Mullins,

Note in margin: "This will was set aside by the United States Circuit Court at Charleston, West Virginia. See Deed Book No. 52, page 41.

Her husband was left out of her will. This has an impact on the court case brought by her brother against coal magnate Edwin J. Berwind.

NEWSPAPER ARTICLE

Bluefield Daily Telegraph, November 22, 1906, page 5

[Note: all of this happened after Flem's death]

TITLE OF BERWIND SYNDICATE QUESTIONED

McDowell Coal Lands Bone of Contention in Important Suit in Federal Court.

REMARKABLE WILL OF REBECCA JANE PACK

August 7, 1888

I, Rebeckey Jane Pack, of McDowell County, and State of West Virginia, (but now of Webster County, W. Va.,)do make and declare this to be my last will and testament as follow s: I will and bequeath unto Cosby Holbrook, my mother, and William T. Holbrook, my brother, all of my land situated on the Dry Fork of Tug River, in McDowell county and state of West Virginia, known as my home place, to hold in trust for my two children until they become of age, and in the event of the death of one or both of the children , Flem o r Jennie [Jimmie], the land goes to Cosby Holbrook her lifetime, and In the even t of the death of Cosby Holbrook and one or both of my children, any time before the children
should become of age, the land goes to William T. Holbrook, his heirs and assigns forever.

Given under my hand , the seventh day of August, one thousand eight hundred and eighty eight.

REBECKEY JONES [Jame] PACK.(Seal)

Signed and sealed in the presence of these witnesses:
John W. Wease,
Casander Gadd,
J. B. Bentley ,
Marshal Mullins,

The lands devised In the foregoing testament are the bone of contention in one of the most important suits ever known in West Virginia? the case of Edwin J. Berwind et als. vs. W. T. Holbrook, which is now claiming the attention of the federal court at Charleston . There are witnesses from
Tazewell county, Va., Cincinnati and McDowell, Webster and Kanawha counties, and the legal battle is being bitterly contested.

The attorneys for Holbrook and his associates are William R. Thompson, of Huntington, and the law firm of Avis, Jordan & Hardy, of Charlteston, Edwln J. Berwind and Thomas
Fisher, the plaintiffs in the case are represented by Brown Jackson & Knight, of Charleston and Attorneys
Chapman and Gillespie, of Tazewell, Va.

The case is a most important one, as it is claimed by Berwind and Fisher that the will of Mrs. Pack, which the defense has brought into court, is a rank forgery and one of the rankest ever put on probate.

In opening the case Ivory C. Jordan stated in behalf of the defense that they would prove to the jury that the will which was probated is genuine. They claim that in August, 1888, Rebecca Jane Pack was ill at the home of her father, Isaac W. Holbrook, in Webster county, and on the 7th day
of August of that year she made a will. Prior to making the will she had stated how she wanted her property, consisting of about 120 acres on Tug river, divided. This will, it is claimed, was made out by Joh n W. Weese in the presence of three witnesses and several relatives of the family. The defense claims that the reason the will was not sent to McDowell county for probate until July, 1904, was that when Mrs. Pack died, she gave the w ill to her mother, Mrs. Cosby Holbrook. This was in a sealed envelope, and just as it was handed to Mrs. Pack on her death bed by Mr. Weese. The mother did not open the will but put it in an old trunk
until 1901, when she became sick and gave it to her son, W. J . Holbrook, the defendant in the case, who was poor, and did not take it to the county court in McDowell county until 1904, where he at that time hired attorneys
and had the will put on record. Mr. Jordan claims that Mr. Holbrook in the year 1901 started to walk to McDowell from Webster for the purpose of filing the will, but while en route he stopped on Cabin Creek to work and after two years went to McDowell where he placed the will in the hands of the county clerk.

Mr. Jackson, in behalf of the state, offered an enlarged photographic copy of the will which was recorded in McDowell, supposed to be the last will and testament of Mrs. P ack. He told of Mr. Pack returning to McDowell
county after his wife?s death in Webster with their two infant children; how in the course of time the land owned by Mrs. Pack began to grow' in value, and in 1901 Mr. Pack
sold his life interest to Mr. Berwind and Mr. Fisher. In 1902 he sold the estate which belonged to the one surviving
child, the other having died when quite young.

This land now is being developed as one of the richest coal fields in the state and on these grounds Mr. Jackson claims that the defendant thought they could secure land which did not belong to them, by producing a will which he says is forgery, but if proven to be genuine, it would destroy every title that Mr. Berwind and his associates had on the land.

Attorney Jackson pointed out to the jury the peculiar wording of the will and said no sane woman would
make a will which would give to h e r older brother property which rightly belonged to her own son. In the will
which is in evidence, Mrs. Pack states that she bequeaths on the death of one or both of her sons all of her property to her mother, Mrs. Cosby Holbrook, and in case of her death
or the death of one or both of her sons; before they become of age, the property goes to her brother, W. T. Holbrook.

T he attorneys for the plain tiff claim that they will be able to show that John W. Weese never made out the will and that it is not in his handwriting.

There is only one surviving witness to the will introduced by the defense and he is J. W. Bentley, who was the first witness called after Mr.Black, of Tazewell, and Mr. Rumbach,
of Cincinnati, testified as to the photographs exhibited.

Mr. Bentley is an old gentleman from McDowell county and claims that he is 75 years of age. He was called in at the Holbrook home in 1888 by John Weese to sign his name to what, he supposes was the will of Mrs. Pack.

The attorneys for the plaintiff strongly objected to the witness? testimony and the jury was ordered from the room while the case was argued before Judge Dayton.

Mr. Bentley was put upon the stand. He testified that he could neither read nor write and that when he was ca11ed
in at the time the alleged will was made as a witness he so informed the parties. The will was read to him and he authorized the signature of his name to it, as he could not write himself. The will in question was handed to him to identify, but he could not identify it as the one that was read to him on that occasion.


STORIES

Note: Georgia Maude Quesenberry Maxfield, an 80 year old Tazewell resident (deceased), has written these recollections of early Tazewell County life as told to her by her great-grandmother and her grandmother. Her Recollections appeared in the Tazewell Newspaper sometime in the early 1980's. Georgia was the daughter of George & Mary Frances Burress Quesenberry. Collected by Michelle Burruss

Flem And The Panther

One time, Uncle Flem said he had gone to a place in the woods called a deer lick. It was near a small sink hole, and there were a lot of leaves on the ground. He stretched out ot wait for a deer. He hadn't meant to go to sleep, but nevertheless he did. When he woke up, he judged he'd been asleep about an hour, but he was all covered with leaves. He got up quietly and climbed on a fallen tree - way up high in the roots and hid.

He didn't wait long until he heard a sound in the leaves. Lo and behold, there was a mother panther and two cubs. The mother dived into the sink hole and started to dig frantically.

This made cold chills go over his entire body. He vowed right then he would never go to sleep in the woods again. So far as we know, he never did.

After the panther had searched but not found him, she must have smelled him. She lifted her head and looked straight at him. Flem took careful aim and shot her. He found a club and knocked the cubs in the head. He skinned them and kept their hides to sell to the man from Baltimore.

--------

Granny Spence's Witchcraft Solution Saves Cousin Flem

Note: There was a Josiah and Anne Spence that lived a few house away from the Pack's in the 1850 Census.

Sarah had a 17 year old brother, Flem. The closest neighbor was one we shall not call by name since grandma as well as everybody else said the old woman of the house was a witch.

She had several children, one was a girl about the same age as Flem, and she was madly in love with him. One evening as he walked home she met him and began to flirt with him. Flem payed her no mind and left her standing in the road with hurt feelings. By the time he go home he had a sick headache.

Grandma stayed up all night with him. At her wit's end, she sent for another neighbor, Granny Spence, who was not afraid of witches. Spence went in to talk to Flem. She asked Flem if he had made any water since the headache began. He managed a weak no. She asked him if he had talked to the neighbor girl. He said yes, she had given him a bloom from a crab apple tree. She asked him what he did with it. Flem said he had put it in his shirt pocket.

Granny Spence reached over the bed and took it from his pocket. She then took a new piece of small silver coin from her apron pocket, wrapped the flower around it and swiftly cast them both in the flames of the back log of the fireplace.

She told grandma never to take the silver out, always put it back after cleaning the fireplace. Then she told Samantha to fill the three-legged iron kettle with water and let it strike a rolling boil. She told her to take a tin dipper and pour a dipper at a time on the hearth, spreading it all around slowly, letting it fizzle and pop until it drys each time. According to Granny Spence, after half the water had been used, the maggots that would have eaten Flem alive would crawl out of the hearth.

This grandma did, taking special care to follow Granny Spence's instructions to the letter. Just as the old lady had told her, the wiggly creatures appeared. Samantha hurried and poured the remaining wather on them then swept them up and cast them int the fire. Granny Spence told her when this part had been done, the guilty party would come and knock on the door and want to borrow something. She told her not to let her have anything, not even a crumb of bread.

After Samantha had burned the creatures, she went into the bedroom to see how Flem was feeling. Just then, the wicked neighbor came to the door and knocked. Grandma opened the door with her big homemade broom in her hand. The neighbor wanted to know if Samantha could loan her a cup of dry coffee for supper. Anger welled in grandma, she shook the broom at her and told her no, and never to come to her house again. By the next morning, Cousin Flem was good as new. Shortly after the wicked neighbor moved and was never heard from again.



Name:
Name also spelled Fleman or Flemon in some documents.

Fleming married Rebecca Jane BURRESS Abt 1856. Rebecca (daughter of James Burress and Mary Frances (Franky) Neel) was born ca 1844, Virginia; died Bef 1880, Tazewell Co. VA. [Group Sheet]

Other Events:

• _UID: 0280A2D503E644B5AEF859ACC472E01BB743

Notes:

CENSUS RECORDS

1850 United States Federal Census
Name: Rebecca J Burress
Age: 6
Birth Year: abt 1844
Birthplace: Virginia
Home in 1850: Western District, Tazewell, Virginia
Gender: Female
Family Number: 632
Household Members:
Jas Burress 43
Francis Burress 42
Wm Burress 18
Thos Burress 16
Jas R Burress 12
Geo Burress 7
Jno W Burress 2
Rebecca J Burress 6
Julia A Burress 4

1860 United States Federal Census
taken on 3 Aug 1860, Page 855, Family #1138
Name: Rebecca J Pack
Age in 1860: 23
Birth Year: abt 1837
Birthplace: Virginia
Home in 1860: Western District, Tazewell, Virginia
Gender: Female
Post Office: Knob and Cedar Bluff
Household Members:
Fleming Pack 23
Rebecca J Pack 23

1870 United States Federal Census
taken on 29 Aug 1870; Page 297B; Family #585
Name: Rebecca T Pack [Rebecca J.]
Age in 1870: 30
Birth Year: abt 1840
Birthplace: Virginia
Home in 1870: Maiden Spring, Tazewell, Virginia
Race: White
Gender: Female
Post Office: Knob
Household Members:
Fleming Pack 35
Rebecca T Pack 30
Levi Pack 7
James Pack 9
William Pack 5
Eliza Pack 14
John Pack 1

Story by Georgia Mansfield says she died of Typhoid fever. Also said they had 3 children, the oldest being Eliza.

Her maiden name is confirmed with her son, William's death certificate.

McDowell Co, WV Death Certificate #15165

http://www.wvculture.org/vrr/va_view.aspx?Id=55126&Type=Death

West Virginia Vital Records
http://www.wvculture.org/vrr/va_view.aspx?Id=4677150&Type=Death

And on her daughter's Margaret's death certificate

http://www.wvculture.org/vrr/va_view.aspx?Id=1463690&Type=Death

Other Events:

• _UID: 4036A61156D04BB78CC5570574EDFA258206

Notes:

CENSUS RECORDS

1840 Census Patrick County, VA
John Pack
Free White Persons - Males - Under 5: 3 [Isham, Fleming and Tinsley]
Free White Persons - Males - 20 thru 29: 1
Free White Persons - Females - 20 thru 29: 1
Persons Employed in Agriculture: 1
No. White Persons over 20 Who Cannot Read and Write: 1

1850 Census
Name: Jno Pack [John Pack]
Age: 45
Birth Year: abt 1805
Birthplace: Virginia
Home in 1850: Western District, Tazewell, Virginia, USA
Gender: Male
Family Number: 1286
Household Members:
Name Age
Jno Pack 45
Matilde Pack 40
Isham Pack 16
Fleming Pack 14
Cricket Pack 12 [Crocket?]
Trnsell Pack 10 [Tinsley?]
Sarah Pack 8
Cynthia Pack 7
Wm Pack 5
Elenor Pack 3

Selected U.S. Federal Census Non-Population Schedules, 1850-1880

Livestock as of Jun 1, 1850-3 Milch Cows1 other cattle; 15 swine; Value of Livestock $50; Produce-Tobacco, Lbs (marked with an 'x'); Wool, 30lb; Butter, 150lb; Flax, 30lb; Flaxseed 2 Bushels; Value of Homemade Mfg $50; Val of Animals Slaughtered: $35

1860 Census
Name: John Pack
Age: 47
Birth Year: abt 1813
Gender: Male
Birth Place: Virginia
Home in 1860: Western District, Tazewell, Virginia
Post Office: Baptist Valley
Family Number: 1126
Value of real estate: $80
Occupation: farm laborer
Household Members:
Name Age
John Pack 47
Matilda Pack 47
Tinsley Pack 20
Sarah Pack 17
Cynthia Pack 15
William Pack 13
Elenor Pack 10
Amanda Pack 7
Otifane Pack 6
Elenor Pack 20
Jack Gough 25

1870 Census
Name: John Pack
Age in 1870: 59
Birth Year: abt 1811
Birthplace: Virginia
Home in 1870: Maiden Spring, Tazewell, Virginia
Race: White
Gender: Male
Post Office: Knob
Value of real estate: None listed
Household Members:
Name Age
John Pack 59
Matilda A Pack 57
Elender Pack 20
Stefana F Pack 15
Virginia B Pack 1

TAX LISTS

Floyd Co. VA

1835 - John Pack, 1 tithe, no horses
1836 - John Pack, 1 tithe, no horses

LEGAL RECORDS

Tazewell County

John Pack (Breach of Peace) Monday, September 24, 1838 William Taylor, Forman, Joseph Higginbotham, John Cecil, William Smith, George Steel, Archibald Thompson, Jr., James R. Crabtree, Thomas Davis, Erastus G. Harman, William E. Higginbotham, Andrew P. Moore, Howard Bane, James R. Dills, William P. Moore, William A. Kennedy, David Matton, Richard Yates, Jonathan Peery, William Hinkle, James S. Witten and William J. Watts were sworn a grand jury of inquest for the body of this county and having returned into court and presented: An indictment against John Pack for a breach of the peace - A true bill. And the said grand jury not having finished their business, were adjourned till tomorrow 12 o'clock.

Law Order Book 1832-1844; Page 286 Monday, April 22, 1839 The Commonwealth against John Pack, Defendant - On an indictment for a breach of the peace. On motion of the attorney for the Commonwealth it is ordered that a capias be awarded against the defendant Pack, directed to the Sheriff of Lee County and returnable here on the first day of the next term.

Law Order Book 1832-1844; Page 306 Monday, September 23, 1839 The Commonwealth against John Pack, on an indictment for a breach of the peace. The capias awarded against the defendant at the last term, not being returned, on motion of the attorney for the commonwealth, an alias capias is awarded against the said defendant, to be directed to the sheriff of Mercer County and return able here the first day of the next term.

Law Order Book 1832-1844; Page 326 Wednesday, September 29, 1840 The Commonwealth against John Pack, Defendant - On an indictment for a breach of the peace. The alias capias awarded against the defendant in this cause not being executed, on motion of the attorney for the commonwealth, it is ordered, that a pluries capias be awarded against the said defendant, to be directed to the sheriff of this county and returnable here the first day of the next term.

Law Order Book 1832-1844; Page 347 Monday, April 25, 1841 The Commonwealth against John Pack, Defendant - On an indictment The attorney for the Commonwealth by leave of the court, saith that he will not further prosecute in this cause.

MILITARY RECORDS

John is listed in the 29th Regiment, VA Infantry, Co. I, rank Private, along with his son Crockett C. Pack in Co. H.

Regimental History

29th Regiment, Virginia Infantry

29th Infantry Regiment was authorized in November, 1861, and was to contain seven companies under Colonel A.C. Moore and three companies at Pound Gap. However, this organization never took place. Moore's five companies from Abingdon and companies raised in the spring of 1862 evidently made up the nine-company regiment. It was assigned to the Valley District, Department of Northern Virginia, then moved to Kentucky where it was engaged at Middle Creek. Later it saw action in Western Virginia and for a time served in North Carolina under General French. In March, 1863, it totaled 732 men. Attached to General Corse's Brigade the unit participated in Longstreet's Suffolk Expedition and during the Gettysburg Campaign was on detached duty in Tennessee and North Carolina. In the spring of 1864 it returned to Virginia and took its place in the Petersburg trenches north and south of the James River and ended the war at Appomattox. Many were lost at Sayler's Creek, and only 1 officer and 27 men surrendered on April 9, 1865. The field officers were Colonels James Giles and Alfred C. Moore; Lieutenant Colonels Alexander Haynes, William Leigh, and Edwin R. Smith; and Majors Ebenezer Bruster, William R.B. Horne, and Isaac White.

NEWSPAPER ARTICLES

5 June 1895 Clinch Valley News Pounding Mill

Mr. John Pack is suffering with his old complaint rheumatism.

---------------
7 August, 1895 Clinch Valley News, Pounding Mill

Mr. John Pack has been quite ill the past week.

--------------
5 March 1897 Clinch Valley News, Pounding Mill

Mr. Pack an aged citizen has been ill at the home of his daughter, Mrs. Fred Quesenberry, (Cynthia Pack) the past week.
-------------
Georgia Maud Quesenberry Maxfield, an 80 year old Tazewell resident (deceased), wrote these recollections of early Tazewell County life as told to her by her great-grandmother and her grandmother. Her Recollections appeared in the Tazewell Newspaper sometime in the early 1980's. Georgia was the daughter of George & Mary Frances Burress Quesenberry.

From the Past: A Massacre end happily

Many years ago, there were a young man and woman who lived somewhere along the banks of the Clinch River with quite a few other settlers. This chapter of Captain John Delong and his wife, Matilda, takes place around the early 1800's.

Late one evening a small band of Cherokee Indians had made camp for the night a short distance from the settlement down by the river. There was no love lost for the Indians by some of the men in the settlement.

These same Indians had been catching their fish in this spot for many years. This made no difference to the men, they wanted to kill them right then.

Captain Delong talked them out of it for the time being. Later that night, these men slipped out of the settlement and killed all the Indians.

The next morning, Captain Delong was told of the slaughter and was asked if he would help bury the indians before their cheif could find out. He said he would.

As the captain and the other men were finishing the clean up, the captain thought he heard a small dog whining in a teepee that had not burned but rather sat there, smoldering. Captain and Mrs. Delong could have no children, but he was found of animals and he hurried to the teepee.

Upon entering, he found, wrapped tightly in a cradle back pack, a beautful Indian baby. Almost overcome with joy, the captain hurried home.

With the glimmer of tears in his eyes, he said, "Tilda, I have for thee a present." Matilda too was overcome with joy.

She fed the baby cow's milk from a bottle that had been used to feed small animals from time to time. When she undressed the tiny being, she discovered it was girl. They kept her and named her Samantha Delong.

In due time, Samantha grew up and married a young man named Jack Pack. As their life progressed, they had a family of three girls and three boys. Their names were Sarah, Cynthia, Ellie, Bill and Flemming. These children grew up while another boy died at birth in the cold, long winter.

[Note: from http://burress.us

Michelle Burress' analysis:

This story has some inconsistencies and while I'm I believe there may be some truth to the story, there are a lot of things that are wrong which backed up with fact. I'm not sure if there as confusion regarding the names or a lot of fiction involved with the telling of the story. There is no evidence that a John DELONG married a Matilda, or that John PACK married a Samantha DELONG. Orman Delong and Sarah Reed seem to be the only resonable couple for a child named Matilda Delong that married John Pack. Orman and Sarah, however, also had many other children. John and Matilda did indeed have children named Sarah (who married a William Burress) Flem, Cynthia, Ella and William, but they also had other children. There is no evidence that either John Pack or Orman Delong were Captains in the Military or that any of these couples were unable to have children). However there was a John Delong listed in the military records of Montgomery county, in the same unit as Orman Delong. Have not figured out the connect yet. ~Michelle


EMAIL COMMENTS

"Isham and Flem were already born before they got married. I haven't been able to clarify if these are her sons from a previous marriage or his or if by chance they followed the custom of the time which was to set up housekeeping, and then when the 'circuit preacher' came around have a 'formal' marriage ceremony. This often consisted of the minister simply taking down the names of the two people and registering it at the courthouse." Info on him came from Kay Brown HIBWIFE@AOL.COM

John married Matilda Ann DELONG 31 Dec 1835, Floyd Co., VA. Matilda (daughter of Ormond/Orman DELONG and Sarah REED) was born Abt 1810, Patrick Co., VA; died Bef 1880, Tazewell Co. VA. [Group Sheet]

Other Events:

• _UID: CC5EFCA32EFF4BAD9482377B9DF393A47D67

Notes:

CENSUS RECORDS

1850 Census
Name: Matilde Pack
Age: 40
Birth Year: abt 1810
Birthplace: Virginia
Home in 1850: Western District, Tazewell, Virginia, USA
Gender: Female
Family Number: 1286
Household Members:
Name Age
Jno Pack 45
Matilde Pack 40
Isham Pack 16
Fleming Pack 14
Cricket Pack 12
Trnsell Pack 10
Sarah Pack 8
Cynthia Pack 7
Wm Pack 5
Elenor Pack 3

1860 Census
Name: Matilda Pack
Age: 47
Birth Year: abt 1813
Gender: Female
Birth Place: Virginia
Home in 1860: Western District, Tazewell, Virginia
Post Office: Baptist Valley
Family Number: 1126
Household Members:
Name Age
John Pack 47
Matilda Pack 47
Tinsley Pack 20
Sarah Pack 17
Cynthia Pack 15
William Pack 13
Elenor Pack 10
Amanda Pack 7
Otifane Pack 6
Elenor Pack 20

1870 Census
Name: Matilda A Pack
Age in 1870: 57
Birth Year: abt 1813
Birthplace: Virginia
Home in 1870: Maiden Spring, Tazewell, Virginia
Race: White
Gender: Female
Post Office: Knob
Household Members:
Name Age
John Pack 59
Matilda A Pack 57
Elender Pack 20
Stefana F Pack 15
Virginia B Pack 1

STORIES

Georgia Maud Quesenberry Maxfield, an 80 year old Tazewell resident (deceased), wrote these recollections of early Tazewell County life as told to her by her great-grandmother and her grandmother. Her Recollections appeared in the Tazewell Newspaper sometime in the early 1980's. Georgia was the daughter of George & Mary Frances Burress Quesenberry.

From the Past: A Massacre end happily

Many years ago, there were a young man and woman who lived somewhere along the banks of the Clinch River with quite a few other settlers. This chapter of Captain John Delong and his wife, Matilda, takes place around the early 1800's.

Late one evening a small band of Cherokee Indians had made camp for the night a short distance from the settlement down by the river. There was no love lost for the Indians by some of the men in the settlement.

These same Indians had been catching their fish in this spot for many years. This made no difference to the men, they wanted to kill them right then.

Captain Delong talked them out of it for the time being. Later that night, these men slipped out of the settlement and killed all the Indians.

The next morning, Captain Delong was told of the slaughter and was asked if he would help bury the indians before their cheif could find out. He said he would.

As the captain and the other men were finishing the clean up, the captain thought he heard a small dog whining in a teepee that had not burned but rather sat there, smoldering. Captain and Mrs. Delong could have no children, but he was found of animals and he hurried to the teepee.

Upon entering, he found, wrapped tightly in a cradle back pack, a beautful Indian baby. Almost overcome with joy, the captain hurried home.

With the glimmer of tears in his eyes, he said, "Tilda, I have for thee a present." Matilda too was overcome with joy.

She fed the baby cow's milk from a bottle that had been used to feed small animals from time to time. When she undressed the tiny being, she discovered it was girl. They kept her and named her Samantha Delong.

In due time, Samantha grew up and married a young man named Jack Pack. As their life progressed, they had a family of three girls and three boys. Their names were Sarah, Cynthia, Ellie, Bill and Flemming. These children grew up while another boy died at birth in the cold, long winter.

[Note: from http://burress.us

Michelle Burress' analysis:

This story has some inconsistencies and while I'm I believe there may be some truth to the story, there are a lot of things that are wrong which backed up with fact. I'm not sure if there as confusion regarding the names or a lot of fiction involved with the telling of the story. There is no evidence that a John DELONG married a Matilda, or that John PACK married a Samantha DELONG. Orman Delong and Sarah Reed seem to be the only resonable couple for a child named Matilda Delong that married John Pack. Orman and Sarah, however, also had many other children. John and Matilda did indeed have children named Sarah (who married a William Burress) Flem, Cynthia, Ella and William, but they also had other children. There is no evidence that either John Pack or Orman Delong were Captains in the Military or that any of these couples were unable to have children). However there was a John Delong listed in the military records of Montgomery county, in the same unit as Orman Delong. Have not figured out the connect yet. ~Michelle

---------------
*Georgia Maud Quesenberry Maxfield, an 80 year old Tazewell resident (deceased), wrote these recollections of early Tazewell County life as told to her by her great-grandmother and her grandmother. Her Recollections appeared in the Tazewell Newspaper.

[Note: There was a Josiah and Anne Spence that lived a few house away from the Pack's in the 1850 Census.]

Granny Spence's Witchcraft solution saves Cousin Flem

Sarah had a 17 year old brother, Flem. The closest neighbor was one we shall not call by name since grandma as well as everybody else said the old woman of the house was a witch.

She had several children, one was a girl about the same age as Flem, and she was madly in love with him. One evening as he walked home she met him and begain to flirt with him. Flem payed her no mind and left her standing in the road with hurt feelings. By the time he go home he had a sick headache.

Grandma stayed up all night with him. At her wit's end, she sent for another neighbor, Granny Spence, who was not afraid of witches. Spence went in to talk to Flem. She asked Flem if he had made any water since the headache began. He managed a weak no. She asked him if he had talked to the neighbor girl. He said yes, she had given him a bloom from a crab apple tree. She asked him what he did with it. Flem said he had put it in his shirt pocket.

Granny Spence reached over the bed and took it from his pocket. She then took a new piece of small silver coin from her apron pocket, wrapped the flower around it and swiftly cast them both in the flames of the back log of the fireplace.

She told grandma never to take the silver out, always put it back after cleaning the fireplace. Then she told Samantha to fill the three legged iron kettle with water and let it strike a rolling boil. She told her to take a tin dipper and pour a dipper at a time on the hearth, spreading it all around slowly, letting it fizzle and pop until it drys each time. According to Granny Spence, after half the water had been used, the maggots that would have eaten Flem alive would crawl out of the hearth.

This grandma did, taking special care to follow Granny Spence's instructions to the letter. Just as the old lady had told her, the wiggly creatures appeared. Samantha hurried and poured the remaining water on them then swept them up and cast them int the fire. Granny Spence told her when this part had been done, the guilty party would come and knock on the door and want to borrow something. She told her not to let her have anything, not even a crumb of bread.

After Samantha had burned the creatures, she went into the bedroom to see how Flem was feeling. Just then, the wicket neighbor came to the door and knocked. Grandma opened the door with her big homemade broom in her hand. The neighbor wanted to know if Samantha could loan her a cup of dry coffee for supper. Anger welled in grandma, she shook the broom at her and told her no, and never to come to her house again. By the next morning, Cousin Flem was good as new. Shortly after the wicket neighbor moved and was never heard from again.


Birth:
Another source gives Montgomery Co. or Floyd Co. VA as her place of birth. Sue Prideaux,
sueprideaux@earthlink.net

Notes:

Married:
Marriage Bond

Know all men by these presents, that we, John Pack and Martin Slaughter are held and firmly bound unto, L.W. Tazewell, Esq. Governor of the Commonwealth of Virginia, and his successors, in the sum of one hundred and fifty dollars, to the payment thereof, well and truly be made, we bind ourselves, our heirs, executors, and administrators, jointly and severally, firmly by these presents, sealed with our seals, and dated this 21 day of Dec 1835.

The condition of the above obligation is such, that, whereas a marriage is intended to be solemnized between the above bound John Pack and Matilda Delong of Floyd County: New, if there be no lawful cause to obstruct the said marriage, then the above obligation to be void, else to remain in full force and virtue.

Signed John Pack and Martin Slaughter. Witnessed, Wm. Goodan.

Notes:

CENSUS RECORDS

1830 United States Federal Census
Name: James Burriss [James Burress]
Home in 1830 (City, County, State): Tazewell, Virginia
Free White Persons - Males - 20 thru 29: 1
Free White Persons - Females - 20 thru 29: 1
Free White Persons - 20 thru 49: 2
Total Free White Persons: 2
Total - All Persons (Free White, Slaves, Free Colored): 2

1850 United States Federal Census
Name: Jas Burress [James Burress]
Age: 43
Birth Year: abt 1807
Birthplace: Virginia
Home in 1850: Western District, Tazewell, Virginia
Gender: Male
Family Number: 632
Household Members:
Jas Burress 43
Frances Burress 42
Wm Burress 18
Thos Burress 16
Jas R Burress 12
Geo Burress 7
Jno W Burress 2
Rebecca J Burress 6
Julia A Burress 4

1860 United States Federal Census
Name: James Burris
Age in 1860: 58
Birth Year: abt 1802
Birthplace: Virginia
Home in 1860: Western District, Tazewell, Virginia
Gender: Male
Post Office: Tazewell Court House and Baptist Valley
Household Members:
James Burris 58
Francis Burris 50
Margaret Burris 15
Wesley Burris 13
Wiley Burris 10
Benjamin Burris 7

1870 United States Federal Census
Name: James Bump [James Burress]
Age in 1870: 56
Birth Year: abt 1814
Birthplace: Virginia
Home in 1870: Clear Fork, Tazewell, Virginia
Race: White
Gender: Male
Post Office: Burkes Garden
Household Members:
Polly Cox 35
Jefferson Cox 16
Artemisa Cox 13
Emiline Cox 11
George E Cox 8
Norman Cox 3
James Burress 56
Benjamin Burress 16

1880 United States Federal Census
Name: James Burress
Age: 65
Birth Year: abt 1815
Birthplace: Virginia
Home in 1880: Clear Fork, Tazewell, Virginia
Race: White
Gender: Male
Relation to Head of House: Self (Head)
Marital Status: Married
Spouse's Name: Polly Burress
Father's Birthplace: Virginia
Mother's Birthplace: Virginia
Occupation: Farmer
Household Members:
James Burress 65
Polly Burress 45
Benjamin Burress 22
Emily Burress 19 [Daughter-in-law]
Virginia A. Burress 2
George B. Cox 16 [Stepson]
Norman Cox 12 [Stepson]

DEEDS

Source: Tazewell Deeds, Book 8, Page 266

Date: 16 July 1844

James Burress Indenture/Deed July 16, 1844

This Indenture, made the sixteenth day of July in the year of our Lord, one thousand eight hundred and forty four between James Burrass (sic) and Franky, his wife of the County of Tazewell and State of Virginia of the one part and George P. Thompson of the same County and State of the other part, witnesseth: that whereas the said James Burrass is justly indebted to George W. Browne in the just and full sum of nineteen dollars and forty six cents, the payment of which with interest the said Burrass is willing and desirous, effectually to assure and secure to the said Browne. This Indenture therefore witnesseth, that the said Burrass and Franky, his wife, as well in consideration of the premises aforesaid as of one dollar to him in hand paid by the said Thompson, the receipt whereof is hereby acknowledged the said James Burrass and Franky his wife, have granted, bargained and sold, and by these presents do grant bargain and sell unto the said George P. Thompson, all the right, title, interest and claim of them, the said James Burrass and Franky, his wife, in and to the real estate of Alexander Neel, deceased, the said Franky being a daughter of said Alexander Neel and as such entitled to the eighth part of his estate, with all the appurtenances. To have and to hold the said interest in said parcel of land, with all the appurtenances unto the said Thompson and his heirs, to the sole use and behoof of the said Thompson and his heirs, and the said James Burrass and Franky his wife, for themselves and their heirs, the said right, title and interest in the said parcel of land, with all the appurtenances to the said Thompson and his heirs against the claim of them the said James Burrass and Franky his wife, and their heirs, and all other persons whomsoever shall, will and do by these present warrant and forever defend, in trust, never the less, that if the said James Burrass, his heirs, executors or administrators, do and shall well and truly pay or cause to be paid to the said George W.G. Browne, his heirs or assigns the said sum of nineteen dollars and forty six cents on or before the 16th day of December next together with the expenses of drawing and recording this indenture and the tax thereon, then and in that case, this indenture, and everything herein contained shall become void and of no effect; But if the said Burrass shall fail to pay the said sum of money or any part thereof, on or before the said 16th day of December, next, then it shall be lawful for the said Thompson, and full power and authority is hereby given him to proceed to sell the said interest and claim in said parcel of land with all the appurtenances, so soon after the said 16th December next as he may be requested by the said Browne, at public auction for ready money, to the highest bidder, at Tazewell Court House, having previously advertised the time and place of sale at least twenty days by advertisement affixed for that space of time to the front door of said Court House and the proceeds of such sale after paying thereout all the expenses attaining the execution of this trust including a commission of 5 percent on the amount of sale to the said trustee for his trouble in executing the same shall be applied by the said Thompson towards the discharge and payment to the said Browne of the aforesaid sum of nineteen dollars and 46 cents, with interest on so much of said sum with interest as may remain unpaid, and in further trust, that until such sale shall be made it shall be lawful for the said Burrass and wife, and their heirs, to hold and occupy the said granted interest in said land and premises and to take and receive, the rents, issues and profits thereof to their own proper use and benefit, and also, that the said Burrass his heirs, executors, or administrators, will pay and discharge all taxes, impositions, assessments and other charges, whatsoever which may or shall become chargeable thereon, during his or their possession thereof. And the said Thompson doth covenant on is part, that he will faithfully execute the trust hereby reposed in him. In testimony whereof, the parties hereunto have to these presents set their hands and affixed their seals, the day and year first in this indenture written.

His mark, James Burrass (seal)
G.P Thompson (seal)

Virginia : In the Clerk's office of Tazewell County Court , July 16, 1844.
James Burrass and George P. Thompson parties to the within deed personally appeared before me in my said office, and acknowledged the said deed to be their act and deed and the same is admitted to record. Teste. J.E. Chapman, D.C.

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Source: Tazewell Co. Va, Book 8 Page 463

Date: 23 Sep 1845

Franky Burress Indenture/Deed September 23, 1845

This indenture, made this twenty third day of September in the year of our Lord one thousand eight hundred and forty five between James Burrass (sic) and Franky, his wife of the county of Tazewell, and state of Virginia of the one part and George W.G. Browne of the other part, witnesseth: that the said James Burrass and Franky, his wife for and in consideration of the sum of forty dollars current money of the United States to them in hand paid, the receipt whereof is hereby acknowledged, do grant, bargain and sell unto the said George W.G. Browne, all their right, title and interest in a certain tract or parcel of land lying and being in the county of Tazewell on the Muddy fork of Wolf Creek, which formerly belonged to Alexander Neel, and in which as the daughter and heir of said Alexander Neel, the said Franky is entitled to one eighth part with all the appurtenances: To have and to hold the said interest in said tract or parcel of land with all the appurtenances unto the said George W.G. Browne, and his heirs, to the sole use and behoof of him the said BrownE and his heirs. And the said James Burrass and Franky his wife for themselves and their heirs, do covenant, with the said George W.G. Browne, that they the said James Burrass and Franky his wife the said interest in said parcel of land, with all the appurtenances unto the said George W.G. Browne, and his heirs, against the claims of them the said James Burrass and Franky his wife, and every other person or persons whatsoever, shall warrant and will forever defend. In witness, whereof the said James Burrass and Franky, his wife have hereunto subscribed their names and affixed their seals the day and year first above written.

Her Mark, Franky Burrass (seal)

Tazewell County , to wit:

We, Erastas G. Harman and William Cox, Justices of the Peace in the County aforesaid, in the state of Virginia, do hereby certify that Franky Burrass wife of James Burrass, parties to a certain deed, bearing date on the 23rd day of September 1845 and hereunto annexed, personally appeared before us in our County aforesaid, and being examined by us privately and apart from her husband, and having the deed aforesaid fully explained to her, the said Franky Burress, acknowledged the same to be her act and deed and declared that she had willingly by signed, sealed and delivered the same, and that she wished not to retract it. Given under our hands and seals this 23rd day of September 1845.

E.G. Harman. JP
William Cox, JP

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Source: Tazewell Co Va, Book 15, page 110

Date: 9 Nov 1872

James Burress Homestead Exemption November 9, 1872

This deed of Homestead made the 9th day of November 1872 by James Burress of the County of Tazewell and State of Virginia . Witnesseth: That the said James Burress hath and doth by these present declare his intention to claim free from levy, seizure, garnish or sale for any debt whatsoever except in such cases as the law especially subjects the same, the following personal property to wit:

1 cow valued at $25.00
7 head of hogs valued at $15.00
130 bushels of corn valued at $65.00
1 lot corn fodder valued at $10.00
Household and kitchen furniture valued at $40.00

To have and to hold to myself and household according to the provisions of an act of general assembly of Virginia known as the "Homestead Act" approved June 2, 1870. Witness my hand and seal they day and year above written. James Burress (seal)

COURT RECORDS

Source: Tazewell County 1832-1844; Page 243; Tuesday, April 24, 1838

The Commonwealth VS. James Burriss (No. 1)
On an indictment for breach of peace

The Commonwealth VS. James Burriss (No. 2)
Same

The attorney for the Commonwealth, with the assent of the court, saith that he will not further prosecute in these causes.

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[Note: Unsure what the case was about, but it was delayed from 29 Aug 1847 to 27 Sep 1849 at which point both sides decided to drop the charges. Given the distance to travel to the court house and/or to the lawyer's office for each of these continuances was more than likely an aggravation for James Burruss and Wysor Adkins. In the end, it was more convenient and less costly for them just to forget the lawsuit.]

Source: Court Records Tazewell County Law books; 1844-1859

Burress VS. Adkins (Case)

Law Book 1844-1859; Page 87

Thursday, August 29, 1847


James Burrass, Plaintiff VS. Wysor Adkins, Defendant - Case

On the motion of the plaintiff by his attorney, it is ordered that the monsciet (?) obtained against him in the office in the cause be set aside, and that he have leave to file his declaration therein, and thereupon he filed the same accordingly; and the cause is remanded to rules for further proceedings to be had therein.

William Burrass, Plaintiff VS. James Burrass, Defendant - Case
On the motion of the plaintiff by his attorney, it is ordered that the monsciet (?) obtained against him in the office in this cause be set aside, and that he have leave to file his declaration, and thereupon be filed the same accordingly; and the cause is remanded to rules for further proceedings to be had therein.


Law Book 1844-1859; Page 108 and 109

Thursday, September 30, 1847

James Burrass, Plaintiff VS. Wysor Adkins, Defendant - Case
On motion of the defendant by his attorney, who pleaded "not guilty" to which the plaintiff by his attorney replied generally, the judgment obtained against him in the office is set aside; and the trail of the issue is deferred till the next term.

William Burrass by &c., Plaintiff, VS. Wysor Adkins, defendant - Case
On the motion of the defendant by his attorney, who pleaded "not guilty" to which the plaintiff by his attorney replied generally, the judgment obtained against him in the office is set aside, and the trail of the issue deferred till the next term.


Law Book 1844-1859; Page 126

Wednesday, April 26, 1848

James Burrass, Plaintiff VS. Wysor Adkins, Defendant
This day came again the parties by their attorneys and the defendant by his attorney filed a special plea in writing, to which the plaintiff by his attorney replied generally, and the cause is continued til the next term.

William Burrass, by &c. Plaintiff VS. Wysor Adkins, Defendant
This day came again the parties by their attorneys and the defendant by his attorney filed a special plea is writing, to which the plaintiff by his attorney replied generally. And the cause is continued till the next term.


Law Book 1844-1859; Page 143

Wednesday, September 27, 1848

William Burrass, by &c. Plaintiff VS. Wysor Adkins, Defendant - Case
On motion of the defendant in these causes, and for reasons appearing to the court, it is ordered that these causes be severally contained till the next term at the costs of the respective defendants.


Law Book 1844-1859; Page 176

Thursday, September 27, 1849

James Burrass, Plaintiff VS. Wysor Adkins, Defendant
William Burrass by &c. Plaintiff VS. Same, Defendant
Ordered that these causes be dismissed, the parties having agreed the same.


Buried:
Grave location:
http://www.findagrave.com/cgi-bin/fg.cgi?page=gr&GRid=120669383

Died:
Virginia, Deaths and Burials Index, 1853-1917
Name: James Burres
Birth Date: abt 1807
Death Date: 7 Jun 1883
Death Place: Head Waters of Clinch, Tazewell, Virginia
Death Age: 76
Race: White
Gender: Male
FHL Film Number: 2048586

Tazewell County Death Register 1872-1896; June 7, 1883

Place of Death: Tazewell County, Virginia
Name of Deceased: James Burress
Race: White
Sex: Male
Age: 76
Date of Death: June 7, 1883
Place Head: Waters of Clinch
Cause of Death: Cancer
Name of Parents: Not Stated
Birth Place: Not Stated
Occupation: Farmer
Consort Of Married:
Name of Informant: Neighbors and Children
Relation of Informant: Friends and Children
Commissioner of the Revenue G.F. Perry
Date Record: Files Between 1883 and 1896

James married Mary Frances (Franky) Neel. Mary (daughter of Alexander Neel and Missouri Caroline Kidd) was born ca 1808, Virginia; died Aft 1860, Tazewell Co. VA; was buried , Burress Cemetery, Grapefield Bland Co. VA. [Group Sheet]

Notes:

CENSUS RECORDS

1830 United States Federal Census
Name: James Burriss [James Burress]
Home in 1830 (City, County, State): Tazewell, Virginia
Free White Persons - Males - 20 thru 29: 1 [James]
Free White Persons - Females - 20 thru 29: 1 [Mary Frances]
Free White Persons - 20 thru 49: 2
Total Free White Persons: 2
Total - All Persons (Free White, Slaves, Free Colored): 2

1850 United States Federal Census
Name: Francis Burress [Frances]
Age: 42
Birth Year: abt 1808
Birthplace: Virginia
Home in 1850: Western District, Tazewell, Virginia
Gender: Female
Family Number: 632
Household Members:
Jas Burress 43
Francis Burress 42
Wm Burress 18
Thos Burress 16
Jas R Burress 12
Geo Burress 7
Jno W Burress 2
Rebecca J Burress 6
Julia A Burress 4

1860 United States Federal Census
Name: Francis Burris [Frances]
Age in 1860: 50
Birth Year: abt 1810
Birthplace: Virginia
Home in 1860: Western District, Tazewell, Virginia
Gender: Female
Post Office: Tazewell Court House and Baptist Valley
Household Members:
James Burris 58
Francis Burris 50
Margaret Burris 15
Wesley Burris 13
Wiley Burris 10
Benjamin Burris 7

DEEDS

Tazewell Deeds, Book 8, Page 266

James Burress Indenture/Deed July 16, 1844

This Indenture, made the sixteenth day of July in the year of our Lord, one thousand eight hundred and forty four between James Burrass (sic) and Franky, his wife of the County of Tazewell and State of Virginia of the one part and George P. Thompson of the same County and State of the other part, witnesseth: that whereas the said James Burrass is justly indebted to George W. Browne in the just and full sum of nineteen dollars and forty six cents, the payment of which with interest the said Burrass is willing and desirous, effectually to assure and secure to the said Browne. This Indenture therefore witnesseth, that the said Burrass and Franky, his wife, as well in consideration of the premises aforesaid as of one dollar to him in hand paid by the said Thompson, the receipt whereof is hereby acknowledged the said James Burrass and Franky his wife, have granted, bargained and sold, and by these presents do grant bargain and sell unto the said George P. Thompson, all the right, title, interest and claim of them, the said James Burrass and Franky, his wife, in and to the real estate of Alexander Neel, deceased, the said Franky being a daughter of said Alexander Neel and as such entitled to the eighth part of his estate, with all the appurtenances. To have and to hold the said interest in said parcel of land, with all the appurtenances unto the said Thompson and his heirs, to the sole use and behoof of the said Thompson and his heirs, and the said James Burrass and Franky his wife, for themselves and their heirs, the said right, title and interest in the said parcel of land, with all the appurtenances to the said Thompson and his heirs against the claim of them the said James Burrass and Franky his wife, and their heirs, and all other persons whomsoever shall, will and do by these present warrant and forever defend, in trust, never the less, that if the said James Burrass, his heirs, executors or administrators, do and shall well and truly pay or cause to be paid to the said George W.G. Browne, his heirs or assigns the said sum of nineteen dollars and forty six cents on or before the 16th day of December next together with the expenses of drawing and recording this indenture and the tax thereon, then and in that case, this indenture, and everything herein contained shall become void and of no effect; But if the said Burrass shall fail to pay the said sum of money or any part thereof, on or before the said 16th day of December, next, then it shall be lawful for the said Thompson, and full power and authority is hereby given him to proceed to sell the said interest and claim in said parcel of land with all the appurtenances, so soon after the said 16th December next as he may be requested by the said Browne, at public auction for ready money, to the highest bidder, at Tazewell Court House, having previously advertised the time and place of sale at least twenty days by advertisement affixed for that space of time to the front door of said Court House and the proceeds of such sale after paying thereout all the expenses attaining the execution of this trust including a commission of 5 percent on the amount of sale to the said trustee for his trouble in executing the same shall be applied by the said Thompson towards the discharge and payment to the said Browne of the aforesaid sum of nineteen dollars and 46 cents, with interest on so much of said sum with interest as may remain unpaid, and in further trust, that until such sale shall be made it shall be lawful for the said Burrass and wife, and their heirs, to hold and occupy the said granted interest in said land and premises and to take and receive, the rents, issues and profits thereof to their own proper use and benefit, and also, that the said Burrass his heirs, executors, or administrators, will pay and discharge all taxes, impositions, assessments and other charges, whatsoever which may or shall become chargeable thereon, during his or their possession thereof. And the said Thompson doth covenant on is part, that he will faithfully execute the trust hereby reposed in him. In testimony whereof, the parties hereunto have to these presents set their hands and affixed their seals, the day and year first in this indenture written.

His mark, James Burrass (seal)
G.P Thompson (seal)

Virginia : In the Clerk's office of Tazewell County Court , July 16, 1844.

James Burrass and George P. Thompson parties to the within deed personally appeared before me in my said office, and acknowledged the said deed to be their act and deed and the same is admitted to record. Teste. J.E. Chapman, D.C.

Detail: Tazewell Deeds, Book 8, Page 266

Date: 16 July 1844

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Tazewell Co. VA Deed Book 8 Page 463

Franky Burress Indenture/Deed September 23, 1845

This indenture, made this twenty third day of September in the year of our Lord one thousand eight hundred and forty five between James Burrass (sic) and Franky, his wife of the county of Tazewell, and state of Virginia of the one part and George W.G. Browne of the other part, witnesseth: that the said James Burrass and Franky, his wife for and in consideration of the sum of forty dollars current money of the United States to them in hand paid, the receipt whereof is hereby acknowledged, do grant, bargain and sell unto the said George W.G. Browne, all their right, title and interest in a certain tract or parcel of land lying and being in the county of Tazewell on the Muddy fork of Wolf Creek, which formerly belonged to Alexander Neel, and in which as the daughter and heir of said Alexander Neel, the said Franky is entitled to one eighth part with all the appurtenances: To have and to hold the said interest in said tract or parcel of land with all the appurtenances unto the said George W.G. Browne, and his heirs, to the sole use and behoof of him the said BrownE and his heirs. And the said James Burrass and Franky his wife for themselves and their heirs, do covenant, with the said George W.G. Browne, that they the said James Burrass and Franky his wife the said interest in said parcel of land, with all the appurtenances unto the said George W.G. Browne, and his heirs, against the claims of them the said James Burrass and Franky his wife, and every other person or persons whatsoever, shall warrant and will forever defend. In witness, whereof the said James Burrass and Franky, his wife have hereunto subscribed their names and affixed their seals the day and year first above written.

Her Mark, Franky Burrass (seal)

Tazewell County , to wit:

We, Erastas G. Harman and William Cox, Justices of the Peace in the County aforesaid, in the state of Virginia, do hereby certify that Franky Burrass wife of James Burrass, parties to a certain deed, bearing date on the 23rd day of September 1845 and hereunto annexed, personally appeared before us in our County aforesaid, and being examined by us privately and apart from her husband, and having the deed aforesaid fully explained to her, the said Franky Burress, acknowledged the same to be her act and deed and declared that she had willingly by signed, sealed and delivered the same, and that she wished not to retract it. Given under our hands and seals this 23rd day of September 1845.

E.G. Harman. JP
William Cox, JP

Detail: Tazewell Co. Va, Book 8 Page 463

Date: 23 Sep 1845

Buried:
Grave location:
http://www.findagrave.com/cgi-bin/fg.cgi?page=gr&GRid=120669606