The Family Garden

Notes


Turner HARVEY

It is recorded...that in his time "Turner Harvey was the mightiest man with the longbow in all England, and that at this death there was no man in the country who could spring his bow." Because of his remarkable strength, his shill with the bow, and his bravery in battle, it is said that Turner became a favorite henchman of his Lord the King, Henry VIII. And it is further related that once, after a very sanguinary battle which ended in the capture by the King's soldiers of an important fortified town, Turner, who had been in the hottest places during the battle and had fought valiantly and effectively, was found to be missing by the King 'who was there in personal command of his soldiers.'

Fearing that Turner had been killed, and desiring to show due respect to his memory by giving his remains decent and honorable burial, the king caused the bodies of the dead soldiers on the field to be so placed that he might readily examine them and identify his dead favorite. But Turner was not dead, for he soon appeared with a pair of hams slung over his shoulders, he having been foraging about the town for provisions of which the troops were in great need.

The King, annoyed because of the trouble to which he had been put by supposing Turner to be dead, reproved the latter for his dereliction; but in recognition of the deeds of prowess performed on that bloody day by his chief archer, the King presented him not many days thereafter with an archer's shield or escutcheon of metal, upon the obverse of which were emblazoned three longbows, three pheons, or barbed arrow-heads, a motto in the French language -- "Faites ce que l'honneur exige" **-- and the device of a leopard holding in one of his paws three shafts, or arrows.***

This escutcheon, together with the mighty bow of Turner Harvey, prized and preserved as heirlooms, were in the possession of some of the old warrior's descendants in Somersetshire certainly as late as the year 1640.

***This act of the King may be considered as having been equivalent to a formal grant by the College of Heralds or by the King himself (as was his right) of armorial bearings
*Sources:  "Reminiscences of the Harvey Family"
THE HARVEY BOOK, GIVING THE GENEALOGIES OF CERTAIN BRANCHES OF THE AMERICAN FAMILIES OF HARVEY, NESBITT, DIXON AND JAMESON AND NOTES ON MANY OTHER FAMILIES, TOGETHER WITH NUMEROUS BIOGRAPHICAL SKETCHES, BY OSCAR JEWELL HARVEY, A.M.

ARMS BORNE BY TURNER HARVEY.
Sable, on a chevron between three longbows argent,
as many pheons of the field.
----, a leopard or, langued gules, holding in paw
three arrows proper.
Motto, Faites ce que l'honneur exige

Translation of motto:  Do ye what honor demands.


William HARVEY

1536 appointed Blue-mantle Pursuivant in ordinary
1545 appointed Somerset Hearld by Henry VIII
1550 appointed Norry King of Arms by King Edward-Traveled to Europe officially.
1557 Queen Mary deputed him to go to France to declare War
1567 was King of Arms at his death
*Source:  Internet

He resided in Somersetshire, and was appointed 18 June, 1536, Blue-mantle Pursuivant in ordinary --a minor official of the Heralds' College. In this capacity he accompanied his patron, William (afterwards Lord) Paget, on his embassy to France. About 1545 he was appointed by Henry VIII to the office of Somerset Herald ‡ which had just been created by the King. *Sources: See Anstis' MSS. Collections, I.: 309, and Dallaway's "Heraldry," p. 88.

4 Feb., 1550, William Harvey was appointed by Edward VI, Norroy King-of-Arms, and while holding this office he paid seven official visits to Germany

7 June 1557, Queen Mary deputed him to go to France to declare war; and 21 Nov., 1557, he was appointed by the Queen Clarencieux King-of-Arms -- the duties of which office he performed until his death.* This occurred in Oxfordshire 27 Feb, 1567, in the reign of Queen Elizabeth. He was survived by several children, one of whom was William Harvey, born in Somerset about 1560.
*Source:  THE HARVEY BOOK, GIVING THE GENEALOGIES OF CERTAIN BRANCHES OF THE AMERICAN FAMILIES OF HARVEY, NESBITT, DIXON AND JAMESON AND NOTES ON MANY OTHER FAMILIES, TOGETHER WITH NUMEROUS BIOGRAPHICAL SKETCHES, BY OSCAR JEWELL HARVEY, A.M.


The Elder Richard BURT

Richard Burt "the Elder" was born about 1665, presumably in Virginia. No records have been found concerning the parents of Richard Burt the elder. There are records that a Richard Burt was living in Charles River County, Colonial Virginia in 1642 and 1649. This person was in that portion of Charles River County that later became Gloucester County.

Richard married Elizabeth Hansford, daughter of Thomas Hansford and Elizabeth Jones, about 1687 in VA. Elizabeth was born about 1670 in VA. She died after 1692 in York Co., VA.

Evidence of this marriage is shown in York Co, VA Deeds, Orders, Wills, etc, Parts 1 & 2, 1687-1691 by John Frederick Dorman, Page 153 (in this document Richard petitions the court to obtain his wife's portion of her father's estate):
"Richard Burt settling forth by his petition that hee haveing marryed Elizabeth Hansford daughter of Mr. Thomas Hansford deceased, shee haveing an estate now in teh possession of Mr. Charles Hansford, itt is ordered that Charles Hansford pay to Burt all such estate according to inventory".  This at a court held 24 Sep 1688, so they were married sometime before this date.  

From this marriage there was only one child, Richard Burt "the younger", as evidenced by the following indenture made in January 1737/8:

"the one Third part of a Certain Tract or parcell of Land Situate Lying and being in York County and York hampton parish containing two hundred acres more or less and is now in the possession and occupation of Richard Burt the Elder which Said Land was Given by the Last will and Testament of Elizabeth Hansford the Sole heir of Richard Jones to Elizabeth her Daughter who Intermarried with the above named Richard Burt the Elder by which marriage She the Said Eliz had Richard Burtt the younger (her Sole and only heir Richard the younger Intermarried with Catherine By whom he had three Daughters VIZ. Martha Eliz and the above named Judith the wife of the Said John Cosby So that the said Land (after the Death of Richard the Elder) Doth Descend to the three Daughters of Rich. the Younger as Coheirs and all houses Edifices buildings orchards Pastures woods waters marshes Easements Profits Commodities advantages and ?heritances? whatsoever to the Said one third part of the Said Tract or parcell of Land belonging or in any wise appertaing the right and title of the Said Richard the Elder being allways Saved and Excepted and also the reversion & reversions Remainder & Remainders Rents and Services of all and Singular the premices"

This deed clearly identifies Richard the younger as the only and sole heir of Richard the elder Burt and his wife Elizabeth. Further, this deed clearly identifies Elizabeth, wife of Richard the elder, as a daughter of Thomas and Elizabeth Jones Hansford. Elizabeth's father Thomas Hansford was executed in 1676/77 for his part in Bacon's rebellion.  Elizabeth's life was also involved in some controversy - she was arrested and charged with assault of Mary Peters, wife of Francis Peters, on 18 Jul 1692. (details to follow below).

Richard Burt married secondly Elizabeth Moody, daughter of Josias Moody and Elizabeth Foliott, sometime after 1692 in Virginia. Elizabeth was born about 1677 in Viginia and died before 1745.

Richard Burt died in York County in 1745. His will appears below:

"In the Name of God Amen I Richard Burt of York Hampton Parish in York County being in perfect Sence and Memory do make this my last Will and Testament in Manner and form as followeth
"First I commit my Soul to Almight God that gave it to me and my Body to be decently buried according to the discretion of my Executors hereafter named
Item I give to my grandson Richard Burt son of Josias Burt my Negro Girl Rachel
Item I give to my granddaughter Martha Garra one Shilling Sterling
Item I give to my granddaughter Judith Cosby one Shilling Sterling
Item I give to my granddaughter Elizabeth Fuller one Shilling Sterling
Item I give to my grandson John Burt one Shilling Sterling
Item I give to my grandson William Burt one Shilling Sterling
Item I give to my grandson Matthew Burt one Shilling Sterling
Item I give to my grandson Philip Burt one Shilling Sterling
Item I give to my grandson Moody Burt one Shilling Sterling
Item I give to my granddaughter Mary Burt one Shilling Sterling
Item I give to my granddaughter Elizabeth Burt one Shilling Sterling
Item I give to my granddaughter Hannah Burt one Shilling Sterling
Item I give to my grandson Francis Peters one Shilling Sterling
Item I give to my grandson Matthew Peters one Shilling Sterling
Item I give to my grandson Robert Peters one Shilling Sterling
Item I give to my grandson Edmund Peters one Shilling Sterling
Item I give to my granddaughter Mary Peters one Shilling Sterling
Item I give to my granddaughter Elizabeth Peters one Shilling Sterling
Item I give to my granddaughter Anne Peters one Shilling Sterling
Item I give all my wearing apparel to my son Josias Burt
Item I give to my son Josias Burt four negroes Tom Pegg Lucy Kab?
Item I give to my son William Burt three negroes Daniel Pheney Will
and all the remainder of my estate I give to be equally divided between my two sons Josias Burt and William Burt and I do appoint my two sons Josias and William Burt my Executors of this my last Will and Testament as Witness my hand and Seal this twenty first of February one thousand seven hundred and forty four" (1744/5)
                                             his
                                        Richard R  Burt
                                            mark
Witnesseth in the Presence of us
Richard Pate
John Coman

*York Co, VA Wills and Inventories, 1746-1759, page 8
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
At a court held for York Co, the 18th Day of November 1745.  This will was presented in Court by Josias Burt and William Burt the executors hereine named and the same was proved by the oaths of Richard Pate and John Coman the witnesses thereto and ordered to be recorded And on the motion of the said Executors who made oath according to law Certificate was granted to them for obtaining a Probat thereof in due form giving Security Whereupon they together with William Mooday and Richard Pate their Security entered into and acknowledged Bond in the Penaly of L1000.
ibid, pages 13, 14 and 15 contain the Inventory and Apparisement of the Estate of Richard Burt Decd.  
In obedience to an Order of York count bearng Date the 16th Day of December 1745, We the subscribers being first sowrn before Mr. Ellyson Armistead one of His Majestys Justices of the Peace then did appraise all the Estate was brought before us of Richard Burt Decd and Witnesseth our hand on this the 12th day of March 1745 (1745/46)
Josias Burt                   John Hansford
William Burt                  Charles Hansford
Edward Pate
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Virginia Beginnings
This is an attempt to document the history of the Burt family in the Southeastern United States. At this time, our efforts have primarily centered around the genealogy of two distinct Burt families: one initially located in York Co., Virginia, and another in neighboring Gloucester Co., Virginia. Despite some attempts to link the Burts (of Gloucester Co., Virginia) to those carrying that surname in early New England, we believe that most, if not all, southeastern Burts originated from Virginia, coming there directly from the British Isles. If there is a connection with the Burts in New England, it is probably to be found in England.
The surname Burt is found in Virginia at a very early date. The first permanent English settlement in the New World was located at Jamestown in 1607, and it was not until about 1620 that its sucess was certain. The following Burts were found there during this early time period:
Robert Burt, a servant of Richard Kingsmill, was transported on the ship Edwin, possibly located at "Neck of Land Living" in 1617. [6] Anthony Burt, aged 18, was listed in William Tiler's muster in Elizabeth City in 1622.
[7] William Burt, a headright of Ensign John Utye, arrived on Hogg Island, Jamestown Colony, aboard the Bonny Besse in 1623. [4] He was subsequently listed living on the mainland in 1623 near Jamestown and in 1624 as an employee of John Uty on Hogg Island. [5] Hogg Island was located across the James River and about a mile downstream from Jamestown. Jane Burt was listed in 1623 in Jamestown living in the home of Gov. Sir Francis Wyatt and his wife, Lady Margaret Wyatt. [5] In 1635, Edward Burt arrived in Jamestown as a headright of William Stone, and James Burfe (Burfe?) arrived as a headright on Henry Harte. [4]

Several other Burts arrived in Virginia during the rest of the 17th century.

Richard Burt

Although nothing is known of his origin, one early Virginia resident of great interest to us is Richard Burt:

1639 - Warwick River Co.
Richard Burte was named a "Viewer of Tobacco Crop" for the parish of Mulberry Island of Keths Creek. [3, p.120]

1642 - Charles River Co. [now Gloucester Co.] Nicholas Stillwell received a land patent "on Frostbury Creek, a branch of Severne River, near Richard Burtes land, 2 acres of which is allowed for a path." [4, p. 135]

1649 - Charles River Co.  Francis Willis received a land patent "towards head of the Eastermost branch of Severne River at point where that branch divides itself into two branches and measuring from the point unto marked trees that divides this from land of Richard Burt." [4, p. 188]

1662 - Gloucester Co.  Robert Coleman obtained a land patent "on main branches of Burts Creek adjoining his own land and Daniel Clark and Richard Foster."  

The name Richard Burt has been prominent in both the York Co. and Gloucester Co. branches of the Burt family (one, Richard Burt "the elder", was born about 1665 in York Co.), and it is quite possible that both families have a common ancestor in this early Richard Burt. It is our hope that further research will uncover the relationship between our families and the early Burts of the Jamestown area.
 
References:
1.  Daniel Grant Owen: His Ancestors, Descendants and Their Kin by Frances Benson Chandler, 1968, are the following remarks:
"In the notes sent to me by Mrs. D. F. Martin of Hinesville, GA, the following line for Joseph's ancestors is given: 'Joseph Burt (1731-1788) b. in Abington Parish, Gloucester Co., VA, may have been the son of John (b. 1687) and Grace ____ Burt; the grandson of John (b. 1658) and Sarah Day (dau. of Thomas and Sarah Cooper Day) Burt; great grandson of Deacon Jonathon (bapt. 1624/5-1715) and Elizabeth Lobdel (b. 1648) Burt; great-great grandson of Henry and Ulalia Marche Burt, who settled in Springfield, Mass. in 1640. It is claimed that the Christian names, Sarah, Elizabeth, Mary, Nathanial, Joseph, John and Rebecca, were used in sucessive generations, as given in 'Genealogical Records of Henry and Ulalia Burt', by R. H. Durnham. The fact that the unusual name, Ulalia, has been used in the Burt families of Georgia for generations is more to the point, since the other names are found in many families. An E has been added to make Ulalia 'Eulalia' now.
Another suggested line of ancestors for Joseph goes back to Massachusetts also, but to a different place-- Taunton instead of Springfield: 'Richard Burt is recorded as a 'First Settler' in 1639. His son Richard, married Charity ___ (names in his will proven 1685) along with his children: Abel, Richard, Joseph, Ebenezer, Ephraim, Mary and Abagail Burt. Joseph was born May 15, 1666, and when about twenty nine years old settled in Virginia, where his son Joseph II was born (from notes of Mrs. Nellie Burt Smith, Orlando, FL)."

2   Records of Colonial Gloucester Co., Vol. 1
3.  Virginia Historical Magazine, Vol, 5 1897-98
4.  Cavaliers and Pioneers, Abstracts of Virginia Land Patents and Grants, 1623-1666, Vol. 1 by Nell Nugent.
5.  Original Lists of Persons of Quality, 1600-1700 by James Camden Hotten.
6. Virginia Magazine of History and Biography
7. Adventures of Purse and Person, Virginia, 1607-1625 by Annie Lash Jester, 1956.
*Source:  http://www.rootsweb.com/~burtsou/
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Below are the court records wherein Richard's first wife, Elizabeth Hansford, was charged with assaulting the wife of a neighbor.  She was found guilty and orded to pay a substantial fine of 5000 lbs of tobacco:

Extract from York County Virginia Deeds, Orders Wills, etc # 9 (1691-1694) compiled by: John Frederick Dorman 1977
Beginning on page 97 thereof:
Francis Peters and Mary his wife aresting Richard Burt and Elizabeth his wife in an action of trespass, etc declaring that the defendant's wife Elizabeth with force and armes contrary to the peace did violently assault, bruise and beat Mary wife of the plaintiff to their damage 5000 pounds of tobacco. Jury
Mr. James Whaley, foreman  Mr. Simon Stacy     Mr. John Clarke
Mr. Thomas Phear           Mr. Thomas Nutting  Mr. John Eaton
Mr. Joseph Thrift          Mr. Thomas Gibbons  Mr. Robert Sheild
Mr. William Davis          Mr. Henry Hayward   Mr. Thomas Rea
finde for the plaintiff 100 pounds of tobacco. James Whaley, foreman. Which verdict upon motion of Mr. Edward Chilton, the plaintiffs' attorney, is confirmed.
Page 157. Elizabeth Buse being per the Sheriff returned sum- monsed an evidence for Francis Peeters and Mary his wife against Richard Burt and Eliz: his wife is ordered to be paid for one dayes attendance.
Thomas Buse being per the Sherriff returned summonsed an evidence for Francis Peeters and Mary his wife against Richard Burt and Eliz: his wife is ordered to be paid for one dayes attendance.
Present: Capt. Charles Hansford
Continued to page 99
Pages 158-59. Thomas Buce, about 28 years of age, deposeth upon 18 July last your deponent then being att home and sitting in the yard before your deponent's father's dore and there in company with your deponent's mother and Eliz: the wife of Richard Burt, and your deponent's mother lookeing up, Mary the wife of Francis Peeters comeing toward our house, upon which your deponent's mother did say, There is Mrs. Peeters comeing. Eliz: Burt made answere that she would give her a what chear hoe, att which answer your deponent heareing of itt rose up and went into the house, thinging there might be some words of scoulding between them. Eliz: came following your deponent and laid her young child on a bed where your deponent had by that time laid himselfe and then Eliz: Burt turned back to the doore of the house, meeting Mary Peeters. By that time Peeters had set one foot over the groundsell of the doore and not the other, neither had Mary Peeters spoken a word to any body in the house. Elizabeth Burt angerly spoke to Mary Peeters saying, Hoe now Mrs. impudence or what made you tell me of my father and withall struck Mary in the face. Your deponent desireing them to be quiett, but soe continued strikeing, fighting, and scratching and by reson of lameness your deponent was incapable of parting them, soe Mary being bigg with Child and not able to defend herselfe, Elizabeth violently threw Mary against the corner post of the bedstead and a stoole which Mary complained did doe her great injury, shee being in that condition with child as aforesaid, soone after which fall against the bedstead your deponent's mother did gett Mary and Eliz: out of the house into the yard and soe parted them. Your deponent then went from the house but presently returning did there hear Mary make sad complaint of the wrong and injury which she had received and did suffer by the violence of Eliz: and Mary was then carryed homewards in a chaire between three men.
Thomas Buce
24 Aug. 1692. Recorded.
Eliz: Buce, about 49 years of age. deposeth that upon 18 July last past your deponent being then sitting in your deponent's yard along with Eliz: Burt and lookeing towards the road said Yonder is Mrs. Peeters acoming,. Att the which Eliz: Burt made answere, I will give her a what chear hoe. And your deponent att those words ariseing up and goeing into your deponent's house, Burt rose alsoe and followed your deponent and laid her young child upon your deponent's bed and returning back to the dore mett Mary Peeters entering with one foot within the dore and said to Peeters, now Mrs. impudence, what made you tell me of my father, att the uttering of which words Elizabeth Burt struck Mary Peeters upon her face and soe they persisted with strokes, scratching and halling each other by the head tire and hair untill att length Mary Peeters makeing her defence soe well as she could and being very bigg with child, Burt threw her against the corner post of a bed- stead and a stoole which did much prejudice her the said Peeters. Your deponent being, lame of her left hand did what she could to parte them severerall times, but could not, but did att length gett them out of the doores, where they continued vigorously throwing of such things att each other as were most handy for that purpose, but your deponent did not perceive that they hitt one another with anything unless itt were with water gourds, and as soone as your deponent saw a conveniency, your deponent persuaded Elizabeth Burt to goe a little way with your deponent into the corne feild and by that means did part them. And soon after Mary Peeters grew very full of paines and said shee did expect to miscarry, and desired her husband might be speedily sent for, which imediately he was sent for and came, and her husband and two more did carry her to her owne home in a chare.
Eliz: Buce
24 Aug. 1692. Sworne to in Court.
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Below are the court records concerning a case by John Eaton against Elizabeth Hansford Burt for defamation because she had accused him of raping her.  He won the case.

COURT CASE OF JOHN EATON AGAINST ELIZABETH BURT  

Extract from York County Virginia Deeds, Orders Wills, etc # 9, Part 2 (1691-1694) compiled by: John Frederick Dorman 1977
Beginning on page 4 thereof:
26 September 1692

John Eaton aresting Richard Burt and Ellz: his wife in an action of defamation that Eliz: ever since 24 August last past from time to time hath most malitiously and falsely defamed him by publishing and declareing amongst her neighbors and others that Eaton by force and violence on 24 August last att night ravisht her the said Elizabeth as she was returning home to her own house from the French Ordinary. Eliz: put to her plea whether guilty or not guilty replyed not guilty, but after evidence taken and sworne in behalfe of the plaintiff, shee in open Court before the jury att the barr did possatively owne and declare the plaintiff being in company with her att the time and place aforesaid offered much rudenes to her with diverse perswasions to lett him lye with her, and that shee called out but yett nevertheless the plaintiff bv striveing and compultion had the use of her body as she stood upright with her child in her armes, together with diverse other cercumnstances by her alleadged, severall times tendering her oath att the barr to the confirmation of the truth thereof.
Jury,
  
        Mr. John Rogers, foreman    Mr. Henry Collins
       Mr. Ralph Walker            Mr. John Doswell
       Mr. Robt. Dobbs             Mr. Samll. Luck
       Mr. Robt. Crawley           Mr. Hen: Fason jur.
       Mr. Jon. Batten             Mr. Geo: Burley
       Mr. Robt. Lightenhouse      Mr. Rich: Appling
Page 174. find for the defendant
John Rogers, foreman
The verdict is confirmed and the suite is dismist.

Capt. Charles Hansford being returned summonsed an evidence for John Eaton against Richard Burt and EIizabeth his wife, is ordered to be paid for one dayes attendance.
        The like for Doctor Richard Starke
       The like for Isaack Sedwicke            Being evidence for
       The like for Thomas Chamberlaine             the plt.
        The like for John Buce Sen.
       The like for Elizabeth Buce
Adjourned to 24 November next.

Pages 174-76. The deposition of Capt. Charles Hansford, aged 40 years or thereabouts, that on 26 August last past Elizabeth Burt wife of Richard Burt came to your deponent's house and desired a warrant for John Eaton, whereupon your deponent replyed, Fy Betty, as soon as you are out of one troublesum busines to goe into an other, what is the matter with you and John Eaton. Shee then made a replye that I could not well hear haveing a could and somthing thick of hearing, but as near as your deponent could apprehend she spoke to that purpose that John Eaton would have 1aine with her a coming from Court. Your deponent said What then, itt may be he did not intend itt, though he profered itt. Shee replyed, indeed he did doe itt and I will take my oath of itt. I am not of a man's strength and he did force me and did itt whether I would or noe. Your deponent tould her hee thought such a thing could not possibly be fore shee was near as strong as John Eaton and that he could not doe itt except shee was willing. Shee then said that he did doe itt against her will and shee would take the oath of itt, for is such things be suffered shee should be counted Jon. Eaton's whore, durst not travile any where upon the road. Your deponent askt her why shee did not hollow out and whether there was noe company near and where her husband was. She said he was a good way behinde, and shee did hollow 2 or 3 times and he did answere. Your deponent askt her how itt came to passe that shee came with John Eaton and shee said he profered to carry her behinde him upon his maire. Your deponent asked her whether hee tyed her and what she did with her child. Shee answered noe he did not tye her and she held the child in her arms. Your deponent askt whether he threw her down. Shee said he threw her on her knees but shee recover'd again and he did itt standing. Your deponent tould her he thought itt did not lye under the servumstances of a rape and would not grant a warrant and bid her be sure to say noe more of itt. Your deponent went the next day to John Eaton's house and tould him I was sorry to hear what I did hear of him. He askt me what itt was. I askt him what he did to Betty Burt acoming from Court. He tould me nothing. Then I tould him that Betty Burt would swear a rape against him. He replyed, by God shee will undoe me then. I doe confess I put my hand up her coates as high as her knees but I know not whether she be man or woman.
Charles Hansford

26 Sept. l692. Sworne to in Court.
Eliz: Buce, aged about 49 years, deposeth that upon 24 August last past Eliz: the wife of Richard Burt came to your deponent's house where your deponent did hear your deponent's husband aske Eliz: where her husband was, whoe said he is drunke behinde acomeing, shee thought within hollow. Your deponent did further aske Eliz: whoe came home with her, whoe said her neighbor Eaton brought her and her child home as farr as the three roads. She thanked him and your deponent did see Richard Burt soon after come into your deponent's house but said nothing to him, Richard goeing immediately away againe. About the Friday or Saterday following, your denonent did goe to Richard Burt's house where Eliz: did tell your deponent that John Eaton had ravished her upon the road the other night acomeing from Court and further tould your depcnent that upon Court day att night she, her husband and Eaton were together in the ordinary and Eliz: said shee complained by reson itt was late that shee knew not well how to goe home with her child, and Eaton did answere I will carry you and your child home behinde me, at which Eliz: tould your deponent shee thanked him and drank to him and that soon after Eaton tooke up Eliz: att the stocks behinde him upon his maire. And from thence rideing along the road homeward, Eaton did often put his hand under Eliz: coates and soe carrying her some what past the two pathes, Eliz: did jumpe downe from behinde Eaton and Eaton did alsoe alight and laid his two hands upon Eliz: shoulders, saying, now I must have to doe with you. And Eliz: replyed he shoulde not, saying what have not I a husband and you a wife. What think you would they say if they should know itt. And Eaton did reply, 0 doe not you tell vour husband and my wife shall never know itt. And Eliz: further tould your deponent that Eaton swore that if shee would not lett him he would whether shee would or noe and thereupon clapy one of his hands about the small of her back and with the other hand held up her cloaths and brought her as near as he could to his bare body, which shee tould your dedonent did hert her back, att which Eaton did much importune her to lye downe, but Eliz: would not, but cryed out and called to her husband twice saying help for the Lord's sake, in all which time John Eaton kept as close within Eliz: as he could, wrenching her thighes asunder with his knees. Shee strugling had almost threw the child over her shoulder and cryed out the third time when Eaton stopt her mouth and Eliz: further tould your deponent that Eaton did take his mare and rode a little way as he said to meet her husband and asked her if he should call him, whoe answered Yes, must I be served thus and my husband not know itt, whereatt Eaton returned againe and would have had to doe with Eliz: the second time but she tould him he had done enough. And Eliz: further tould your deponent that when Eaton went away saying if I doe not now, I will it the next opportunity.
Elizabeth Buce

26 Sept. 1692. Sworne in Court.
John Buce, about 60 years of age, deposeth that upon 24 August last past Eliz: the wife of Richard Burt came to your deponent's house and your deponent did aske Eliz: where her husband was whoe said he is drunke behinde a coming, she said she thought within hollow, and your deponent did further aske Eliz: whoe came home with her and Eliz: answered her neighbor Eaton brought her and her child home. She thanked him and about two dayes after your [deponent] did (upon hearing of other news) goe to Eliz: house and asked Eliz How now Betty, I hear strange news. I heard John Eaton lay with you the other night comeing from Court. Eliz: made your deponent answere that itt was very true soe he did.
John Buce Senr.
26 Sept. Sworne to in Court.

Four notes to keep in mind (from Bill Adams):

(1) First, these events occurred the night after the first trial, the trial in which Elizabeth Hansford Burt was charged with and found guilty of assaulting Mary Peters. However, she was fined only 100 pounds of tobacco instead of the 5000 pounds sought in the indictment.
(2) Second, this charge was brought by John Eaton _AGAINST_ Elizabeth.
(3) Thirdly, John Eaton was a member of the jury of earlier that day, the one that found Elizabeth guilty. (the charge of assaulting Mary Peters).
(4) And last, Captain John Hansford was an uncle of Elizabeth. He was the administrator of the estate of Elizabeth's mother
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If I'm reading this right, the following document seems to be selling land as follows:  
Richard the elder first married Elizabeth Hansford.  She inherited land from her mother, also named Elizabeth Hansford (she inherited the land from her father, John Jones) , which came into Richards possession as her spouse.  Upon his death, the land was to go to their son, Richard the Younger.  However, Richard the Younger predeceased Richard the Elder, so the land was then supposed to go to the 3 daughters of Richard the Younger - after the death of Richard the Elder.  One of the daughters of Richard the Younger,  Judith,  married a John Cosby, and in this document Judith and John Crosby appear to be selling their interest in the land before she has actually inherited it, as the document makes clear that Richard the Elder is currently dwelling on the land and will retain all rights to the land during his lifetime.  At Richard's death, the buyer, Samuell Hill will obtain rights to the land.  Document follows:

York County, VA Deed Book # 4, page 475
This Indenture made the thirteenth Day of January in the year of our Lord one Thousand Seven Hundred thirty Seven (1737/8) between John Cosby planter and Judith his wife of York hampton parish in the County of York of the one part and Samuell Hill of the same parish and County Planter of the other part. Witnesseth that the said John Cosby and Judith his wife for and in consideration of the Sum of twenty Eight pounds Currant money of Virginia to the said Cosby in hand paid by the Said Samuell the receipt whereof the Said John Cosby and Judith his wife Doth hereby acknowledge hath Granted bargained and sold aliend Releas and Confirmed and by these presents Doth grant bargain and sell alien Release and Confirm unto the the Said Samuell Hill his heirs and assigns forever the one Third part of a Certain Tract or parcell of Land Situate Lying and being in York County and York hampton parish containing two hundred acres more or less and is now in the possession and occupation of RICHARD BURT THE ELDER which Said Land was Given by the Last will and Testament of ELIZABETH HANSFORD the Sole heir of Richard Jones to ELIZABETH HER DAUGHTER her Daughter who INTERMARRIED WITH THE AROVE NAME RICHARD BURT THE ELDER by which marriage She the Said Eliz had Richard Burtt the younger (her Sole and only heir Richard the younger Intermarried with Catherine By whom he had three Daughters VIZ. Martha Eliz and the above named Judith the wife of the Said John Cosby So that the said Land (after the Death of Richard the Elder) Doth Descend to the three Daughters of Rich. the Younger as Coheirs and all houses Edifices buildings orchards Pastures woods waters marshes Easements Profits Commodities advantages and ?heritances? whatsoever to the Said one third part of the Said Tract or parcell of Land belonging or in any wise appertaing the right and title of the Said Richard the Elder being allways Saved and Excepted and also the reversion & reversions Remainder & Remainders Rents and Services of all and Singular the premices And of Every part and parcell ?though? with the appurtenances and also all the Estate Right title Interest Claim & Demand Whatsoever of the Said John & Judith his wife of in and to the Said premises and Every part and parcell thereof
To have and to hold the said one third part of the said Tract of Land and all and Singular the premises with the appurtenances Unto the said Samuell Hill his heirs and Assigns to the only proper use and behoof of the Said Samuell his heirs and Assignes for Ever And the Said John and Judith his wife for them and their heirs the Said one third part of the Said Land and premises and Every Part thereof against them and their heirs and against all and Every other person & persons whatsoever claiming under them to the Said Samuell Hill his heirs & Assigns Shall and will forever Defend by these presents and the said John and Judith his wife for them their Heirs & Doth Covenant and Grant to and with the Said Samuell Hill his heirs & Assignes that the Said Samuell his heirs & Assignes Shall and may att all times whenever the right and title of Richard the Elder Shall by Death or otherwise Cease and Expire forever hereafter peaceably and quietly have hold Occupy Possess and Enjoy all and Singular the premises with the appurtenances without the ?bitt? ?Suet? Trouble hinderance molestation Interuption & Deniall of them The Said John and Judith his wife their heirs or any other person or persons whatsoever claiming under them. In Witness whereof the said parties have hereunto Sett their hands and affixed their Seales the Day and Year above written.
                                               John Cosby {Seal}
                                                    her
                                              Judith X Cosby {Seal}
                                                    mark

Sealed & Delivered. (The words claiming     }
under them) in the 23 & 29th lines being    }>
underlined before Signing in the presence of}
Char. Hansford    
James Hewitt
Thomas Oliver                
Thomas Vines
                           At a Court held for york County   
                        January 16th 1757
                   John Cosby & Judith his wife this day in Court
                   acknowleges this Deed together ????????????
                   unto Samuell Hill The said Judith being first privily
                   Exam and voluntarily assenting thereto and they were
                   orderd to be Recorded
                                           Test
                          Truly Recorded    Matt Hubard  ???
                               Test Matt Hubard  ????
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
1704 was listed for 200 acres on the York Co., VA. 1704 Quit Rent Rolls.
*Source:   Carol Zangerl

16 Sep 1728  Orders, Wills, Etc, #16, Page 547
"Daniel a Negro boy belonging to Richd Burt was adjusted. to be 12 years old".?  
*Source:  Research of Bill Adams
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
There was some confusion in early Burt researchers about the identity of Richard Burt's second wife.  It has been generally accepted now that she was Elizabeth Moody, daughter of Josias Moody, not Philip Moody as previously thought by some researchers.  

Following is the logic and the reasoning that was developed by Bill J. Adams in 1999 in a attempt to determine the name of the second wife of Richard the Elder:

This must start with a reminder that the will of Philip Moody identifies one of his daughter as Elizabeth Burt but does not identify her husband. And secondly, this must include a reminder that Richard Burt the elder had three sons in his second marriage and two with the given names of Josias and Moody.

As most will come to recognize, when one starts comparing possible birth dates, marriage dates, etc., there are problems with the possibility that Richard Burt the elder married, secondly, Elizabeth Moody, daughter of Philip Moody. Incidentally, there were three different Elizabeth Moody young women during that general time frame, all first cousins. Following is a summary of the situation, as I see it.

I do have access to the book by Robert Mathis but he does have errors in it. On page 6, he has it that Richard Burt, Jr., married Elizabeth Hansford. That is incorrect. The first wife of Richard Burt the elder was Elizabeth Hansford, daughter of Thomas Hansford the Martyr. I have proof. The only descendant from that marriage was Richard Burt, Jr. I have proof. The wife of Richard Burt, Jr. was Catherine Moody, daughter of Philip Moody. I have proof. Mathis merely states that Richard Burt the elder married Elizabeth Moody. No additional information about her was provided. He also states that Richard Burt the younger was born of this marriage. Wrong. Richard Burt the elder married, first Elizabeth Hansford and they had only one child, at least only one child that grew to adulthood, and this child was Richard Burt the y;ounger.

In his manuscript, "A Record of the BURT FAMILY 1665-1965 and Collateral Families from 1800, Volume I," James Claude Burt does not address the issue of any of the spouse(s) of Richard Burt the elder.

The will of 1745 of Richard Burt the elder establishes that he had more children than just Richard Burt the younger. So, who then was his second wife?

Of the following, I have no proof. But because of time considerations and of the naming pattern of two of his sons, Josias and Moody, it seems that the second wife of Richard Burt the elder almost had to be a daughter of one of the three Moody brothers, Josias, Humphrey and Philip. Each had a daughter named Elizabeth. Elizabeth, daughter of Philip, did marry a Burt fellow, (per the will of Philip Moody) but no proof as to which Burt fellow she married has been found.

Now, let us start with Philip Moody. Based on the organization, etc., of his will, I suspected from the start that Philip had two different wives. I have found proof. He was first married to some woman with a given name of Magdalin, with the marriage having occurred before 11 Jul 1682. A deed of that date verifies this. Then his second wife was an Elizabeth, to whom he was married before 23 Feb 1689/90. Another indenture provides proof. From these marriages, and the structure of the will of Philip Moody, I believe that the two older sons named in his will, Giles and Philip, must have been from his first wife Magdalin and all of the other children in the will from his second wife. The fact of a daughter named Elizabeth suggests, at least to me, that she most likely was born of this second wife whose name was Elizabeth. This then would put the birth date of daughter Elizabeth definitely after 1682 and probably somewhere not much earlier than the time frame of 1689/90 and possibly even later than that.
Richard Burt the elder, married Elizabeth Hansford c 1688. Because of their marriage, he claimed her land inheritance in that year. In 1692, Richard and his wife with a given name of Elizabeth had a young child, young enough for Elizabeth to lay it on a bed. This is from a court suit. This could have been Richard Jr. An Indenture dated 13 January 1737/8 proves that this was the only child of Richard Burt the elder and Elizabeth Hansford. This case also could have involved a second wife whose given name was Elizabeth and the child born of the second marriage.

To me, and based upon the above bits of information, it seems very doubtful that Richard Burt the elder married Elizabeth Moody, daughter of Philip Moody. Remember that Moody Burt died c 1735 and probably had about 4 or 5 children by that year. So, Moody Burt must have been born not long after 1700. Hence it seems doubtful to me that Elizabeth Moody, daughter of Philip Moody, could have been his mother.

Now, Humphrey Moody, the just older brother to Philip, had a daughter named Elizabeth. But, she was still mentioned as Elizabeth Moody as late as 1719. (Humphrey also had two wives, the second one an Elizabeth.) The 1719 date is from the will of Edward Powers, very likely the second husband of the widow of Humphrey Moody. Again, these bits of data suggests, and to me very strongly, that Richard Burt the elder did not marry the daughter of Humphrey Moody.

This then takes us to Josias Moody, the oldest of the three sons of Giles Mode' (Moody) and his wife Jane. Josias Moody died c 1676, leaving his wife pregnant with a child who, at birth, was named Elizabeth. So, she was born c 1676/7 time frame, more likely an age that would best fit with subsequent events.

Remember that Richard Burt the elder and his second wife had sons named Josias and Moody.

With this last listed possible scenario that I have described, where Richard Burt the elder's second wife was Elizabeth, daughter of Josias Moody, then Richard Burt the elder's son Josias could have married Elizabeth Moody, daughter of Philip Moody. Also, the marriage of Josias Burt did produce a son named Philip and a daughter named Catherine. (?Catherine named after the daughter of Philip Burt who married Richard Burt the younger?)

We also know that when Moody Burt died in 1735, his widow too was named Elizabeth. So, it is entirely possible that he could have married Elizabeth, daughter of Philip Moody. However, Thelma Ironmonger Hansford, a very good researcher of York County records of these times, suggest that Moody probably married an Elizabeth Hubbard, daughter of Mathew Hubbard. This also would provide a family basis for naming an off-spring Mathew Burt. Yet, I can find no evidence at all to support this possible marriage. In a personal conversation with Mrs. T. I. Hansford in September 1997, she could recall no supporting data for such a statement.

If some of you do have the time and the inclination, I sincerely would like your reaction to the above, the time frames involved, the age problems, etc. Any comments, any criticisms, any suggestions, just anything will be truly welcomed.

The second wife of Richard Burt the elder was not named in the will of Richard Burt the senior. Therefore she is assumed to have been deceased at some earlier time.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Following are notes added regarding the above work of Bill Adams by Lee Crockett :

There has in addition to Mr. Adams comments been a York County, VA record found by me on Phillipp Moody which stated he was a minor in 1675 and under a guardianship. This adds further proof that Elizabeth Moody who married Richard Burt, Sr. was not the daughter of Phillipp Moody. Here is the document:

"I, Edward Foliott of Hampton Parish in York Co, Clerke, and Josias Moody, of same, Gent., acknowledge bond to his Majesty's Justices of York Co.    _May 1675

       Said Edward Foliott is appointed guardian to Phillipp Moody, son of Gyles Moody, dec'd, by order of York Court April 26th last past, and was ordered possessed of the estate by Mr. Joseph Ringe, Adm'r. of Dr. Francis Haddon, dec'd, late quardian of said Phillipp. The bond is that they are to pay to said Phillipp Moody at age 21, his estate."
                                                   Edward Foliott, Josias Moody
Wit: John Baskervyle, Cl. Cur.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
My gracious thanks to Bill Adams, who provided much of the above information.


Elizabeth HANSFORD

This is the will of Elizabeth Hansford's (the first wife of Richard Burt) mother:

Will of Elizabeth Hansford
York County Records # 6, 1677-1684, p 39
8 Feb 1677/8
In the name of God Amen I Elizabeth Hansford of Hampton Parish in York County being visited with sickness by the hand of Almighty God & weak in body but of sound & perefect sinse & memory calling to mind the uncertainty of this transitory life & being willing & desirous to settle things in order doe constitute ordaine appoint confirme & make this my last will & testament in manner & form following hereby revoking & annulling all former will or wills whatsoever whether writen or nuncupative.
Imps I commend my soule unto hands of almighty God my Create Jesus ?? My Redeemer, hoping and assuredly believing in and through his bitter death & passion to have full pardon & free remission of all my sins and to rise with the righteous at the resurrection. And my body I Bequeath to the ground from whence it was extracted to be decently interred to the discetion of my Executrix hereafter named and as to that worldly estate wherewith it has pleased God to bless me I dispose as followeth
Item I give & bequeath unto my sonne William Hansford & his heirs forever that seat of land now in the possession of William Coman scituate & lying & being in Bruton Parish being my right & due as being the surviving child of Mr. Richard Jones my father deced
Item I give & bequeath unto my daughter Elizabeth Hansford and her heirs forever that seat of land now in the tenure occupation & possession of John Buce Scituate lying and being in Hampton Parish and adjoining on the land of Mr. Thomas Barber and due to me as the surviving child of my above named father, Mr. Richard Jones deced
Item I give & bequesth unto my sonne Thomas & daughter Mary Hansford this seat of land whereon I now live part whereof is in the possession of William Hutton my now tenant to them & their hyers and in case of the death of either in minority and without legitimate hyers then to the survivor.
Item I give & bequeath unto my sonne John Hansford & his heyrs that seat of land in New Kent County ???which?? is pattented by my Mother Elizabeth Jones in right of my brother Richard Jones deced and doth now descend to me as his only sister
Item I doe give & bequeath unto my ??kinsman?? Mr. William Coman the benefit and profitt of that plantation whereon he liveth for this term of seaven yeares hee plantting one hundred apple tree at thirtie foote distance & keeping the same securely fenced & leaving the housing & orchard securely fenced & tenantable
Item my will is that out the estate be purchased one woman servant to attend & waite on my sonne John Hansford whom it hath pleased God to ?disable & that five hundred pounds of tobacco caske be paid annually to Mr. William Coman for his care in looking after him and after his deceased to be void
Item as to my personall estate I desire & my will is that the same be equally divided among my children at the discretion of my Executrix
Item as to my children considering their age & not knowing where better to place them have no other or better confidence than in the persons under written (VIZ) To Mr. William Coman my sonne John to my beloved Mr. Charles Hansford Thomas & Mary & to Mr. David Condon my daughter Elizabeth & my sonne William whom I desire carefully to look after them and to uppbring them in the nurture and fear of the Lord
Lastly I doe appoint my loving brother Mr. Charles Hansford & my loving neighbor Mr. David Condon Executors of this my last will & testament and doe desire my loving friend Mr. John Baskervyle to be overseer of this my will desiring him to see the same ??promised?? according to the intent and purpose thereof.
In Witness whereof I have hereunto set my hand and seale this eight day of February Ano Dom 1677/8 I do also out of my estate give unto my overseer twenty shillings to buy him a ring.
                                          Elizabeth {her mark} Hansford
  Signed sealed and published
as the last will & testament of
Mrs. Elizabeth Hansford
Ed . Mundy Thomas Mountfort
Probate in ?Cur?  ?Cour?? E??? 24 April 1678  ?psacrament??  Ed. Mundy et
Tho. Mountfort et recordat ?????? die et-an predict-
                                P  John Baskervyle ????


The Younger Richard BURT

Source of marriage:  Extract from research notes of Bill Adams


Moody BURT

Inventory and Appraisement of the Estate of Moody Burt
York Co., VA Record Book # 18, Wills & Inventories, (1732-1740),
p 242, 15 Dec 1735

Elizabeth Burt the widow and relict of Moody Burt Decd came into Court and made oath that the said Decd departed this life without making any Will so far as she knows or believes and on ?her motion? and giving Bond and Security it is ordered that a ?---? be granted her for obtaining a Letter of Administration in ?---? & form.
ibid, p 258
In Obedience to an Order of York Court beqaring date of 15th of Dec 1735 We the Subscribers being first sworn have met at the home of Moody Burt Decd and have appraised so much of the Estate as was brought before us by Elizabeth Burt his Relict and so make report as followeth
?--? Negro man named Tom £28.
?--? Negro boy named Will £22.
?--? Negro girl named Phillis £22.
?--? Negro girl named Inda  £20.
. . .
(Other items inlcuded, for a total value of  £163.17.5 1/2)
John Bight
Thos Lowell
John Goodwin
                             her
                       Eliz  X  Burt
                            mark
At a court held for York Jan?y 19 1735/6
This Inventory & appraisement of the Estate of Moody Burt Decd was ?presented? in Court and ordered to be recorded Test Matt Hubard ??

York Co., VA Record Book # 20, Wills and Inventories (1746-1759) page 74, 16 Nov 1747
The Estate of Moody Burt decd
Various items listed
In Obedience to an Order of the Worshipful Court of York Co. bearing date the 21st day of Sep 1747 directing a Settlement of the Account of the Admin of the Estate of Moody Burt decd We the Subscribers have accordingly Examined Stated and Settled the same in Manner and form as above.
Samuel Reade
E??? Moss
William Allan
Returned to York Co. Court the 16th day of November 1747 and
Ordered to be Recorded
Thos ?Everard?  ???

Transcribed by Bill Adams, January 1997
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
*Source for Moody's children:  THE MATHEW BURT FAMILY OF VIRGINIA AND THE DEEP  SOUTH,  Compiled by Robert Mathis, 1976


William BURT

Will of William Burt
In the Name of God Amen. I William Burt Senr of Greensville County and State of Virginia being of sound mind and Memory praise be to God for the same do make this my last Will and Testament in manner and form following, to wit. First I command my Soul into the hands of Almighty through the Merits of my Blessed Saviour Jesus Christ to have full and free pardon of all my sins and to inherit ever lasting life and my Body to be buried in a decent Christian manner at the discretion of my Executors hereafter named and as Touching the disposal of all such temporal Estate as it hath pleased Almighty God to bestow on me I give and dispose of as follows.
First I will that my Debts and funeral charges shall be paid.
Item I give and damise to my Son William Burt all my Plantation whereon I now live on Fountains Creek with all and Singular the appurtenances thereunto belonging to hold to him the said William Burt his heirs and assigns forever containing four hundred Acres more or less also I give and bequeath to my Son William Burt one negroe man named Lewis and one negroe woman called Polly to him and his heirs forever
Item I give and bequeath to my daughter Mary Tooke one negroe Woman called Kate and her child called Sylvia and their increase to her and her heirs forever.
Item I give and bequeath to my daughter Lucy Haley twenty Six Shillings.
Item I give and bequeath to my Daughter Mary Tooke one bed and furniture.
Item I lend to my daughter Elizabeth Kelbie during her natural life One fourth part of the following Negroes hereafter named to be Sold and after her death I give and bequeath to my Grand Son William Gibbs the one fourth part which I lend my daughter Elizabeth Kilbie after her death to the said William Gibbs his heirs and assigns forever.
Item I give and bequeath to my three children after deducting one fourth part of whatever the following negroes may Sell for which part I have lent my daughter Elizabeth Kelbie during her natural life and after her death to return to the said William Gibbs his heirs and assigns forever.
Item I give and bequeath to my three children, to wit, Harwood, William and Mary after deducting one fourth part which I have lent my daughter Elizabeth Kelbie during her natural life and then to my Grand Son William Gibbs as before mentioned Viz Finnie, Robin, James, Bob, Rachel, Pegg, Ailee, Daniel, little Rachel, Kate and their increase to be sold and equally divided amongst my said children Harwood William and Mary after deducting one fourth part of whatever the aforesaid Negroes may Sell for which one fourth part I have demised as before mentioned.
Item all the rest and residue of my estate in possession remainder and reversion of what nature or kind so ever or wheresoever situate I give and bequeath to my Son William Burt to him and his heirs forever Lastly I nominate and appoint my two sons Harwood and William Burt Executors of this my last Will and Testament In Witness whereof I have hereunto set my hand and seal this 15th day of October one thousand Seven Hundred and Eighty two

Signed Sealed and Delivered}                                 William Burt Senr
in presence of            }
William Finnie
Jeconias Parks
Walter C. Ballard

At a court held for Greensville County the 27th Day of February 1783 This
Will was proved according to Law by the Oaths of the Witnesses thereto and
Ordered to be recorded. And on the Motion of William Burt one of the
Executors therein named who made Oath thereto and together with Harwood
Burt his Security entered into and acknowledged their Bond in the Penalty
of five thousand Pounds conditioned as the Law directs Certificate was
granted to him for obtain a Probat thereof in due form Harwood Burt the
other Executor refused to join in the said Probat.
                               Test
                               P. Pelham ?CHur?


John M. FULLER

*Source:  Will of William Radford. He was in the CSA.


Nancy Jane HARBOUR

*Source:  Will of William Radford.


John Collins OAKES

*Source:  1850 Census of Perry Co, AL pg. 632.

All information on the children of John and Winnie Radford Oakes was given to Louise Birchfield by Flossie Walkes Barnhill, their descendent. John was the guardian of William Radford after he was declared mentally incompetent.  He handled the dividing of his large estate. (Perry County Probate Records)


Winfred (Winnie) RADFORD

*Source:  1850 Census of Perry Co, AL pg. 632.


William Thomas OAKES

Died in the Civil War.


Charles Carl STICE

Steiss is believed to be the original spelling of the name STICE.  

Listed in 1782 Census of Rutherford Co. North Carolina.

"Sept. 14, 1754, Ship Nancy, _____ Ewing, Captain, from Rotterdam, last from Cowes.--Inhabitants from Lorraine" , among others shows: Carl Steiss; no others with a name even close to Stice.  There is a footnote to explain Lorraine:" an old province in the North-East of France, and since the treaty of peace, at Frankfort, 1871, again became attached to Germany. In ancient times this name was applied to the countries of Germand and the Netherlands, northward to the mouth of the Rhine. The date given is the date of arrival at the port at Philadelphia, as stated in the book title. There is also an * attached to several names, one of which is Carl Stiess, but no information on those two pages to tell what the asterisk means.

Source:  "A collection of upwards of Thirty Thousand Names of German, Swiss, Dutch, French, and other Immigrants in Pennsylvania from 1727 to 1776 with a statement of the names of Ships, whence they sailed, and the date of their arrival at Philadelphia, Chronologically Arranged, together with the Necessary Historical and other Notes..." by Prof. I. Daniel Rupp, reprint of the second revised and enlarged edition with an added index, published by Genealogical Publishing Co., Inc. Baltimore 1975, page 323-324

Moved to the Mammoth Cave Area of Ky after selling his property in North Carolina March 23, 1799, after living in N.C. for 30 years.  "Craven Co. So. Carolina 1763, Stice Shoals on Little Broad River, Rutherford Co. North Carolina, 1770-1800"
Source:   "Bridges to the Past", a book for sale by the Genealogical Society of Old Tyron County,Forest City, North C., containing article published in the local paper Jun 1, 1977.

Source: Last Will of Charles Stice, Will Book A, Page 17, Court House, Bowling Green, Warren Co. Ky.; Signed Carl Stys, will dated 26 Feb 1801. Test: William Phelps, Philip Jones, William Forkner. Executors are his wife Cat  Mastin Elmore.

NOTE:  All the above info was found on the Internet at:  http://homepages.rootsweb.com/~stice/mrk/pafg01.htm#3425

The Shelby Daily Star, May 1976

Article:

There was once a post office named Stice in the county and the spot on the Broad river was once a popular place for outings.

In October, 1779, the Tyron Co. Court "Granted Charles Stice leave to build a Grist Mill on his land at the Shoals of Little Broad River".  The above together with Charles's request is filed in a Fiberdex box at the NC Archives in Raleigh, NC.  

Another Article (same Newspaper)

The Stice family originated in the old Tryon Co., NC area.  Charles Stice believed to have arrived in Philadelphia via the ship "Nancy" on September 14, 1754.  His name was spelled Carl Steiss on the official list but the Captain's list showed the names as Charles Stys.  No other records have been found of him in PA but he is believed to be the same individual.  

Charles Styce obtained a land grant from King George III on the 20th of October, 1763 for 150 acres of land on a branch of Bullock's Creek in Craven Co., SC "bounded on all sides by vacant land".  There are no other records of him in SC but his name appears in old Tryon Court records in 1769.

On the fourth Tuesday in October, 1769, according to the minutes of the Tryon Co. Court of Pleas & Quarter Sessions, Charles Stice was ordered by the Justices to serve as overseer of a section of the road being laid from Richardson's Shoals on Second Broad River to Charles Town Trading Road.  Since that section was "from Bullocks Creek to the south Line"  One cannot be certain that Charles had moved to Little Broad River by that date.

In October, 1778, the Tyron Co. Court "granted Charles Stice leave to build a grist mill on his own land at the Shoals of the Little Broad River".  A copy of his petition "To the Worshipfull Court of Tryon Co. for permission to build a publick mill on his own land. or adjoining his own land at the Sholes of first Little Broad River" is in the NC State Archives at Raleigh, NC.  Stice Shoals Dam early became a land mark of the area.  In the book "Interesting Revolutionary Incidents" by Rev. E. W. Caruthers, a map showing the routes of Lord Cornwallis and General Green in NC designates the Dam by the name "Steiss", the German spelling of the name.

From 1782 to 1799, the name Charles Stice was on the Rutherford Co, tax rolls, county court minutes as petit and Grand Juror, overseer of the roads, and in real estate transactions.  Tax records of Hugh Beaty's District list Charles Stice as having paid a triple tax on 250 acres of land, four houses and 15 head of cattle.  Presumably this tax was in lieu of serving in the military forces of the Revolution, which was permissible for people of certain religious beliefs.

In October, 1789, Charles Stice and George Blanton were designated to lay out the boundaries for Capt. Hugh Beaty's district.  In the 1790 Census of Rutherford Co., NC, his household included one male over 16, 2 males under 16 and 6 females.  Most likely one of the females was his wife and another was his daughter Elizabeth who married on Dec 15, 1796 to Mastin Elmore, native of NC and son of Arthur Elmore.

In 1790 there were two other Stice families living in Rutherford Co, NC.  Andrew Stice with his wife, Nancy Green Wilson and one son lived on the east side of Beaver Dam Creek.  Andrew is believed to be a son of Charles Stice.

Also, across the Co. on the waters of Bill's Creek and the south side of Young's Moutain, Phillip Stice with one son under 16, his wife Mary Haynes Stice and two daughters.  In 1785, Phillip Stice was on the tax rolls and was also one of those appointed by the Justices that year to lay off a road from "Mother Wright's Plantation in Rutherford".  Phillip got his first land grant in 1786 and his second in 1804.  He was constable from 1789 to 1792 and served as a juror several times between 1789 and 1813.

The relationship between Charles Stice and Phillip Stice has not been established but it is known that it was not father and son, although Charles Stice of Shoals Dam did have a son named Phillip.

On March 23, 1799, after 30 years in the area, Charles Stice sold his 240 acres of land to George Blanton and soon after, along with his son Andrew, and son-in-law, Mastin Elmore, and other, moved to the Mammouth Cave area of KY.

Charles Stice and Andrew Stice bought land on Green River in KY near the present town of Brownsville and it was there that Charles died in 1801.  

Source:  Kindred Konnections

NOTE:  Look for book:  The Stice Family. The Earlier Generations,H. V. Rutherford.
NOTE:  Another internet source indicates that Charles married (1) Katron Collins who was the mother of Katron, Mary and Phillip and he married (2) Caty LNU who was the mother of the rest of the children.  Some of the children have different birth dates according to this source as follows:
  Katron born 1769 or 1752?
  Mary born 1764 or 1754?
  Philip born 1760 or 1765?
  Andrew born 1766 or 1770?
All of the other children have the same birthdates.


Caty (STICE)

She was the administrator of her husband's will.  She married a James Long in 1802 after Charles died.  She is listed as Caty Long in the marriage records of her daughter Rebecca. *Source:  Internet


Philip STICE

Legend is that he died on road enroute to Ky. abt 1825.  Philip married Mary HANES, daughter of William HANES and Sarah HANES Mrs., about 1780 in probably, , North Carolina. Mary was born about 1760 in of, Rutherford, North Carolina. She died after 1820.


Mary STICE

Mary married John or Jonas HAYNES, son of William HANES and Sarah HANES Mrs., about 1783 in Kentucky. John was born about 1754 in  England. He died in 1846 in , Barren, Kentucky.  John and Mary (Stice) Haynes came to Warren Co., KY in the group with Charles Stice about 1797. John accumulated land which he later sold to Jesse Jones in 1807. He acquired another piece of land in 1818, which we have found no record of sale. He also owned land in Barren County, Kentucky as early as 1826. *Source:  Internet


Andrew STICE

CENSUS:
   1790 North Carolina
   1800 Warren Co. Kentucky
   1810 Warren Co. Kentucky 253-24

Stice, Andrew, 82 Acres, Book 15, Page 532, Survey Date 19 January 1802, County Warren, Water Course Green River.

Andrew married Nancy Green WILSON, daughter of William WILSON and Nancy Dianna GREEN, about 1789 in, Rutherford, North Carolina. Nancy was born on 6 Jan 1771 in , Rowan, North Carolina. She died on 10 Feb 1852 in, Madison, Illinois and was buried in Watt Cemetery, near Troy, Illinois.


Andy Stice married Nancy Wilson in 1789 in North Carolina, Rowan County. In 1790, their first child, Robert Elmore Stice was born. Then my father took a notion to go to old Kentucky, to what is now called Warren County, near Bowling Green on Green River. They traveled on pack horses, there being in all about twenty-five men and women. Andrew Stice's, younger brother , came with them. Two girls whose mother was dead also came with them. One was married; the other was Ruth McCracken. After they had been in the territory a while David Stice and Ruth McCracken were married and raised a family of four children. They lived and died near Bowling Green, Kentucky.  Andrew and Nancy Stice were the parents of thirteen children, Robert Elmore Stice, Dianna Stice Watt, Sally Stice Simmons, Katron Stice Turner, Esther Stice Collier, Dice Stice, infant, William Wilson Stice, Nancy Green Stice Bond, John Stice who died when about six months old, Charles Stice, Andrew Stice, David Frier Stice, James Watt Stice, who died when he was about eleven years old.

*Source:  "A History Of Her Family" by Nancy Green Stice Bond (daughter of Andrew) dated April 30, 1904.


Katron STICE

Katron married William COLLINS about 1782 in , Rutherford, NC.  William was born about 1762.  *Source:  Internet


Elizabeth STICE

1850 Census KY:
Age 78 1850 census home 518 family 579 Edmonson Co. Ky. p. 41, name given as Elizabeth Ellmore.  States she was born in NC.
Mastin - listed as age 78 home 518 family 579 Edmonson Co. Ky. p. 41.   Name given as Mastin Ellmore, indexed as Martin.  States he was born in VA.
      
"Rutherford Co. N. C. Marriage Records 1779-1867" FHL # 975.6913
     V28i. Groom: Mastan Elmore; Bride: Elizabeth Stice.

Elizabeth married Mastin ELMORE, son of Athanasius ELMORE and Sarah USSERY, on 15 Dec 1796 in , Rutherford, North Carolina. Mastin was born about 1772 in  Virginia. He died on 29  Oct 1854 in Edmonson, Kentucky.

*Sources:  "Bridges to the Past", a book for sale by the Genealogical Society of Old Tyron County,Forest City, North C., containing article published in the          local paper Jun 1, 1977 and the internet.


Charles STICE

Shelby Co. Ky. Marriage Records, Book 1 page 2
 Groom: Charles Stice; Bride: Mary Baker, daughter of  Moses Baker. Date: 17 Feb 1799; Recorded in Shelby, Kentucky

Will of Charles Stice, Owen Co. Kentucky probated 31 Jan 1827, Gallatin Co. Ky,

"My executors hereafter named shall proceed to sell all my land and convey my title to the purchases. My will and desire is that there shall be no  appraisement nor any return made to court of any of my estated but that by beloved wife, Mary shall have the whole of my estate real and personal to raise my children on and in particular my will is that my wife shall keep Dilley and her increase during her natural life and then my will and desire is that all of my estate of every description shall be divided among all of my children and that Polly Ann Smith, daughter of my daughter Lucinda, and also Shill Toon, daughter of my wife Mary, my will is that the said Polly Ann Smith and Shill,  after deducting out the value of the twenty acre of land upwards that I gave to  Benjamin Toon and after all the children that have not left me, with Polly Ann shall be schooled and fitted equal with those that have left me." (His wife Mary and son Bluford were appointed Executors, with Jesse Baker, Charles's brother-in-law, Archer Smith, and Samuel Hunt witnessing the signing of the will.)
  
Charles married Mary "Polly" BAKER, daughter of Moses BAKER and Mary BAKER Mrs., on 21 Feb 1799 in Shelbyville, Shelby, Kentucky. Mary was born about 1772 in Rowan, North Carolina. She died on 27 Jan 1847 in Boone, Missouri.

*Source:  Internet


Ruth STICE

Ruth married Reuben ALEXANDER about 1797. Reuben was born about 1772 in Mecklenburg, North Carolina. He died about 1816 in , Edmonson, Kentucky. *Source:  Internet


David STICE

1850 Edmonson Co, KY Census:
Age 68 family 307 Edmonson Co. Kentucky. p. 22A.  Name given as David Stice. States birthplace as NC>

"Warren Co. Kentucky.Marriages 1797-1850" FHL # 976.974 V2w gives 6 Dec 1802

Has a will dated 21 Aug 1854, probated 8 Jan 1856.

David married Sally MCCRACKEN on 6 Dec 1802 in Bowling Green, McCracken, Kentucky. Sally was born about 1782 in of, Warren, Kentucky. She died in 1856.
*Source:  Internet


Peter J STICE

Peter appears on the following Census Records:
   1790 census, Rutherford Co. North Carolina.
   1800 census Warren Co. Kentucky
   1810 census, Gallatin Co. Kentucky.
   1830 census, Ralls Co. Missouri.
   1840 census, Jefferson Twp, Monroe Co. Missouri.
   age 64 1850 census home 476 family 476 Monroe Co. Iowa p. 334A  name given as Peter Stise
   1852 census, Monroe Co., Iowa  name given as Peter Stice.

He immigrated to Oregon Sept 24 1853 with "w, 2s, 4d",
*Source:  "Immigrant Rosters of the Elliott Cut-Off, 1853-1854, Utilla Agency, p. 98

1860 Vancouver, WA census:
age 73 home 183 family 177 Vancouver, Clark, Washington p. 100.   Name given as Petter Stice.

1870 Vancouver, WA Census
age 83 home 344 family 320 Vancouver,  Clark Washington, p. 40.  Name given as Peter J. Stice, living with son Peter J. Stice.  Occupation: Chairmaker.

Obituary:
"Peter Stice, Aged 91, A native of Rutherford County N.C. died at Washougal W.T. on the 8th inst.  He came to Oregon in 1850, was a veteran in the war of 1812, and had a pension from the government".
*Source:  Daily Oregonian, 12 Oct 1877, page 1, col 3.

He was blind several years, but regained his sight just before he died. A note found in his bible, later owned by his son John Edward is as follows: Uncle "Peter Stice" whom came to Oregon in 1852 was living at Vancouver aged 72. He was the father of 19 children, 14 living and 13  married. He had 101 grandchildren and 50 great grandchildren, in all 170 -- 162 living. Mr. Stice was in the war of 1812 passing through several battles safely. He was also in the Yakima War of  1855-56.  *Source: Internet.

Peter married (1) Charlotte WINSCOTT, daughter of Abraham WINSCOTT, on 23 Jan 1807 in Gallatin, Kentucky.  Charlotte was born on 18 Feb 1789 in Madison, Kentucky. She died on 16 Dec 1826 in  Ralls, Missouri.  Peter also married (2) Malinda PHELPS on 12 Jul 1827 in Ralls, Missouri.  Malinda was born on 11 Apr 1804 in Kentucky. She died in 1864 in Washougal, Clark, Washington and was buried in Washougal, Clark, Washington.
*Source:  Internet


Rebecca STICE

She appears in the following census records:

1850 Scott Co, IL
    possibly living with daughter Elizabeth in the 1850 census; age given as 50  years of age, and name given as Mary Ethel.
1860 Scott Co, IL, p. 73
   age 62 1860 census home 542 family 555.  Name given as Rebecca Ethel, living with husband of daughter Elizabeth.
1870 Scott Co, IL
   age 73 1870 home 102 family 102 p. 352A.   Name given as Rebecca Ethill, living with daughter Permelia and her family.  Gives her birthplace as NC.

Rebecca married James ETHEL, son of Benjamin ETHEL, on 25 Feb 1812 in Warren, Kentucky. James was born about 1785 in Warren, Kentucky. He died on 6 Aug 1839 in Morgan, Illinois.
*Source:  Internet


Sarah STICE

1850 Census,  Marshall Co, KY, p.491 B
  Age 60 home848 family 852, p. 491 B.  Name given as Sarah Heath

Sarah married (1) James SARGEANT on 16 Dec 1807 in Warren, Kentucky. James was born about 1787 in Rutherford, North Carolina. He died before 1821.  Sarah also married (2) Hugh "Curry" HEATH on 12 Feb 1821.  Hugh was born about 1802 in Tennessee. He died on 17 Mov 1857 in probably, Marshall, Kentucky.
*Source:  Internet