WILLIAM BURGESS
(1732?-1780)
of Stafford County, Virginia
3f.
William (II) [son
of Edward (I)]. Born about 1732 in King George Co., VA. Married
Bathsheba Courtney on 19 Jan. 1755 O.S. (Overwharton
Parish Register) in Stafford Co., VA. William Burgess moved to the
Accokeek Creek area of Stafford Co. with his brother, Garner Burgess, in
the early 1750s. He was named a co-executor of his father’s estate
(with Garner) in his father’s will. His signature appeared on the 15
Oct. 1776 petition of the Stafford Co. freeholders to the Virginia House
of Burgesses (the Legislature), asking that the boundary line between
Stafford and King George Cos. be adjusted (the counties were
subsequently realigned along their modern boundaries on 1 Jan. 1777);
but he did not sign the Stafford Co. petition of May 1779. William
Burgess died about 1780; the inventory of his estate has been lost, but
the index record survives (Stafford
Co. Liber #N, p. 410), citing a page number lying within a few pages of
the Commissioners Poll (legislative election) of 1780 (p. 407). His
relationship to the William Burgess mentioned in his father’s will is
confirmed by the sale of the original Burgess lands in King George Co.
in 1797, in which William’s son Edward acted in his father’s stead,
William having been a co-executor of the original Edward’s will.
According to the lawsuits filed over the disposition of
William’s father’s estate (see the section on Edward Burgess Sr.),
William Burgess purchased the old family farm, consisting of 100 acres
located about 2.5 miles southwest of the present-day town of King
George. However, there is no record of an actual transfer of the
property into William’s name, and after his death, the land apparently
reverted back to the Burgess heirs.
Bathsheba Burgess was born about 1734 in Stafford Co., possibly
the daughter of William Courtney or John Courtney; after her first
husband’s death, she married a widower, Ralph Hughes, about 1781 (a
Stafford Co. deed of 12 May 1781 [Liber
#S, p. 63] mentions Ralph Hughes and ___ his wife), but in any case
no later than 10 Oct. 1785, when, in the first of four deeds recorded in
Oct. and Nov., Ralph Hughes and Bathsheba his wife sold their lands in
Stafford Co. (see particularly Liber #S, p. 270). Ralph Hughes was born about 1726, son of John
Hughes. He is missing from the Stafford Co. voters’ list of Apr. 1786.
The Hughes family moved to Bourbon Co., KY by 1787, when Ralph Hughes is
listed on that county’s first personal property tax roll; he bought
100 acres of land there on Flat Run on 20 Mar. 1787 from Isaac and
Elizabeth Ruddle (Deed Book #A,
p. 40). Ralph died by July 1803 (Bourbon
Co. Order Book #C, p.
330); in his settlement deed (Deed
Book #6, p. 128, dated 15 Nov. 1802, witnessed by Tho. Howard, John
Jacobs, and “Henery Burges,” Bathsheba’s son); Bathsheba was given
one-fourth of Ralph’s land and two “Negroes” to maintain a home
until her own death, after which the remaining property was to be
divided among his own children, John, James, William, and George Hughes.
Edward Burgess is noted as a debtor to Ralph’s estate in his initial
inventory (Bourbon Co. Will Book
#B, p. 254, recorded at the Nov. 1804 court). Bathsheba Hughes died
on 16 Sept. 1823 in Bourbon Co., KY (the date is recorded in her son
Edward Burgess’s family Bible
record), aged about 86-88 years; her estate is probated in Will
Book #G, p. 130-131. William and Bathsheba Burges undoubtedly had
more children than those listed below, but their names and fates remain
unrecorded.
The Children of William
Burges:
4a.
William (III).
According to a family tradition among the descendants of Edward Burgess
of Scott Co., KY, Edward had an older brother named William who served
in the Revolutionary War. William, if he exists, had to have been born
in 1755 or 1759 (probably the former). The 24 May 1779 petition of
Stafford Co. freeholders to the House of the Burgesses (State
Legislature), asking that courthouse be relocated to a more central
position in the county, seems to confirm the story, since it includes
the name of William Burgess, Jr., the only such record known (his father would still have been
alive at this time). This appears to be the same William Burgess who is
listed on the Stafford Co. personal property tax rolls between 1784-87;
the 1785 list, which includes the total number of white souls at each
freehold, lists four whites under William’s name, presumably himself,
a wife, and two children. This cannot be Reuben Burgess’s son,
William, who is under-aged and unmarried at this time, or any other
known relative. William disappeared from the Stafford County records in
1788, either dying or moving away. Relationship not verified.
4b.
Margaret (III)
“Peggy”. Born about 1757 in Stafford Co., VA. Married John
Hughes by 1786 (he was born 24 Dec. 1756 [Overwharton
Parish Register] in Stafford Co., VA, the son of Ralph Hughes, her
stepfather, and Margaret Ferguson, and died Sept. 1829 in Bourbon Co.,
KY), and moved with them to Kentucky about 1786, where they had at
least the following children: Ralph II (died 1829); Elizabeth
(born about 1800, living with John Todd in 1850-60); Maria
(born 1802; married John S. Todd on 15 Dec. 1830 [he was a cousin of
Mary Todd Lincoln]); Susan
(married ___ Bledsoe).
John and Peggy Hughes sold their land in Stafford Co. on 7 Sept.
1786 (Stafford Co. Liber #S, p. 369). John is listed in the personal
property records of Bourbon Co. from 1787-1829. Peggy Hughes is recorded
as aged 95 years in the 1850 census for Bourbon Co., KY with John S.
Todd (her son-in-law) and Betsy Hughes. She died on 22 Dec. 1852 at
Ruddles Mill, Bourbon Co., KY, and is listed in the official Bourbon
County death records as the daughter of William and Bathsheba Burgess of
Stafford Co., VA, aged 95 years [sic].
4c.
Bathsheba (I) “Basha”
or “Bashy.” She is
also called Barsheba. Born
about 1765 in Stafford Co., VA. Married James Hughes about 1789 (he was
born about 1760 in Stafford Co., VA, son of Ralph Hughes, her
stepfather, and Margaret Ferguson, and died 1812 in Bourbon Co.), and
moved with them to Bourbon Co., KY about 1786. They had at least the
following children: Mason
(born about 1790, married Hannah Turley on 1 Nov. 1809, and died 1847); George
(married Christiana “Shanny” Parker on 30 May 1808 or Polly Case on
19 Dec. 1809, and died July 1840 near Paris, KY); John M. (born 1798 in Bourbon Co., KY, married Lucy Standeford
on 27 Nov. 1824); Enoch (born about 1800, married Polly Northcutt [or Nathart] on
28 Jan. 1822, living in Missouri in 1847); Annis “Nancy” (married ___
McGuffin).
James Hughes is listed in the personal
property tax records of Bourbon Co. from 1787-1812. His will (Bourbon Co. Will Book #D,
p. 281, dated 15 Jan. 1812, probated Sept. 1812) mentions his wife, the
five children listed above, and his brother, John; the probate record (p.
307-308) notes his brother-in-law, Henry Burgess (who by this time is a
resident of Fleming Co., KY), as a debtor to his estate.
After Duncan’s death, Bashy Hughes married Elias Duncan on 21
Aug. 1813 in Bourbon Co., KY (he also died before her). She moved to
Missouri in Oct. 1837, back to Kentucky in Sept. 1838, to Calloway Co.,
MO in Aug. 1845, and back again in Fall 1847, living with her son, John
Hughes, at Paris, KY. She is listed (aged 85 years) in the 1850 census
for Franklin Co., KY with her son, John Hughes. Barsheba Duncan filed a
lawsuit in the 1841 against some of her children and grandchildren
(Bourbon Co. court records), alleging breach of contract and lack of
material support. From these documents, it is clear that she was alive
as late as mid-1852.
A 12 Dec. 1851 letter from G. W. Hughes of Millersburg, KY to his
brother (Daniel?) says: “...Old Aunt Peggy is still alive—don’t
know how her general health is at present—The balance of the family
are well—Aunt Beersheba is living with one of her brothers in Scott
County....” According to a deposition made in the above-mentioned
lawsuit, “She is a woman of great imbecility. She knew nothing at all
about business.” Relationship not verified, but probable.
A
Letter from Bathsheba Hughes to Her Son, Mason Hughes, 1837
Dear son,
I
am still firm in my mind to move out with you this fall provided you
don’t think it too much trouble to come for me. I wrote to Franklin
Northcut this spring to come and move me out [to Missouri] this fall.
I received his answer. He said he would come if I would do so and so.
He had too many provisors [sic] which must be reduced to a certainty
if he come to suit me. As I told him as plain as I could to come and
sell my land and Negrows to the highest bidder and settle my business,
and he should have what little was coming to me. I think he appeared
somewhat doubtful of me. Now Mason, if you will come and sell my
wright in my land and Negrows and settle all my business here, I will
go out with you with out fail if life lasts, and live with you the
ballance of my days. Mason, all I want is a support. I intend to
relinquish all I have to you for a support in my last days, as they
can’t be many. Of course, Mason, I am bound to move somewhere this
fall, as my wood is all gone, and John treated me like a stranger. So
if you won’t come for me, God nows what I shal do. Mason, have
confidence in me, you may depend on my complying with every word. I
say here if God will spare my life to see you, Mason, if you conclude
to come, I would like for you to be here about the first of September
so you may have time to settle my business. I don’t intend to moove
nothing but one bed and beding, therefore, I want you to conclude if
you come whether or not wee had beter gow by water. Mason, I want you
to write to me the same day you receive this leter, and let me now
what I may depend on, and direct your leter to John S. Todd at Paris.
My last request is, my dear son, don’t fail to come. I am happy to
say to you I am in good health at this time, and a fine crop a
growing.
Your affectionate mother,
Bashaba Huges
Mason, as
respects Aunt Basha there is no doubt in my mind that she will
comply with what she says. She will have to moove without doubt. I
am satisfied she prefers to live with you. If you come you may
depend on my returning with you. Yours with high esteem, John S.
Todd.
4d.
Henry (I) [son
of William (II)]. Born about 1775 in Stafford Co., VA. Married
Elizabeth Mauzy on 12 May 1797 in Bourbon Co., KY (she was a daughter of
Peter Mauzy, a Revolutionary War veteran, who was born in 1751 in
Stafford Co., VA, son of Henry Mauzy, and died in Fleming Co., KY on 15
Aug. 1841, aged 90 years), and Sarah Hughes (she was born 1760, possibly
a daughter of Ralph Hughes, and died 1833). Listed in the Bourbon Co.
personal property tax records of 1797 and 1803, in Fleming Co. from
1800-01 and 1804-13, and in the 1810 census for Fleming Co. Henry
Burgess was a farmer in Bourbon and Fleming Cos., KY. He last appears
in the official records on 5 July 1813, when he is appointed by the
Fleming Co. court to work on the county roads. According to an account
penned ninety years after his death by his grandson, Isaac Burgess,
Henry was shot and killed at Vincennes, Indiana—this cannot be
confirmed from Knox Co., IN (Vincennes) records. On 3 Mar. 1814 his
eldest son, William, was apprenticed to a tanner (Order
Book #C, p. 374), with Henry specifically being mentioned as
deceased. Shortly thereafter, Elizabeth Burgess was granted
administration of Henry’s estate. Isaac Franklin Burgess calls his
grandfather “Harrison Burgess” in a letter written in 1903 (see his
entry).
The relationship between Henry, Elizabeth, and their six children
is documented in a series of lawsuits filed between 1839-56 in the
Fleming Co. courts between the Burgess and Mauzy heirs (see particularly
Case #7119), between John and
Wash Burgess and the Rhodens, and between William Burgess’s widow and
a squatter on her land; Henry is specifically cited in these records as
having come from Bourbon Co. Henry’s relationship to his father and
siblings can only be demonstrated circumstantially: Henry witnessed
the settlement deed of his stepfather, Ralph Hughes, in Bourbon Co. on
15 Nov. 1802 (Deed Book #6, p.
128), and is listed as a debtor to the estate of his stepbrother and
brother-in-law, James Hughes, who died in Bourbon Co. in 1812 (Bourbon
Co. Will Book #D, p. 307).
Henry’s grandson, George Washington Burgess (V), married Marietta
Dungan, granddaughter of Edward Burgess of Scott Co., KY, in 1850 in
Harrison Co., KY. Marietta at this time was a ward of her uncle, Joseph
Burgess, who gave his written permission for the marriage. George
Burgess was raised in Indiana; Marietta Dungan was raised in Scott
Co.—the two could not have met accidentally. This cousin relationship
is confirmed by oral tradition among the descendants of George and
Marietta Burgess. Henry named his oldest son William and his oldest
daughter Bathsheba; Edward, his brother, named his oldest son William
and his second daughter Bathsheba (the first daughter having been named
for his wife’s mother).
Elizabeth Mauzy Burgess was born about 1780 in Stafford Co., VA.
She appears on the tax lists as head of the family from 1814-44, and
deeds her property to her sons on 3 Apr. 1844; her estate was appraised
on 28 May 1844 (Fleming Co. Will Book #G, p. 501). She left no will.
5a.
William (VII). Born
1798 in Bourbon Co., KY. Married Julia Ann “Juliann” Bradshaw about
1831, probably in Bath Co., KY (she was born about 1815 in Bath Co., and
died after 1860 in Indiana), and had children: Penelope (I) (she may be
the same person as the Minerva Burgess mentioned in an 1857 lawsuit
filed in Fleming Co. over William’s estate; born about 1833 in Bath
Co., KY, married John R. [or S.] Vancleave on 24 Nov. 1853 in Parke Co.,
IN, and appears to have died by 1860); (James) Franklin (I) (born 12 Mar. 1835 in Bath Co., KY, married
Elizabeth Tippen on 8 Apr. 1863 in Putnam Co., IN [she died 7 Nov.
1864], and secondly Sarah M. Bogan on 2 Mar. 1869 in Clinton Co., IN,
and died there on 13 Jan. 1928); (Mary)
Elizabeth (born Mar. 1840 in Fleming Co., KY, probably married
James F. Long on 4 Feb. 1855 in Parke Co., IN, and died between 1910-20
in Clinton Co., IN); Norcissa “Nora” (born about 1843 in Bath Co., KY, listed in the
1860 census with her mother); Lucinda
“Lucy” (born about 1846 in Fleming Co., KY, married Henry
Cain on 28 Sept. 1865 in Clinton Co., IN, and died there after 1880).
William
Burgess
lived variously in Bath Co., KY (where he served as County Constable
from 1842-44) and Fleming Co., KY. He died on 16 Sept. 1847 in Phillips
Co., AR, while on a trip. Juliann Burgess, his widow, settled in Parke
Co., IN, on a plot next to that of her brother-in-law, John H. Burgess,
but had moved by 1860 to Russell Township, Putnam Co., IN, probably
dying there in the 1860s.
5b.
John Henry (I). Born
15 July 1801 in Bourbon Co., KY. Married Martha “Patsy” Lawson on 18
Feb. 1824 in Fleming Co., KY (she was born 11 May 1807 in Fleming Co.,
the daughter of Jacob Lawson and Sarah “Sallie” Pollard or Rice, and
died on 30 Sept. 1887 in Blue Earth Co., MN), and had children: Rev. William Henry (I) (born 10
Jan. 1825 in Rush Co., IN, married Eliza A. Bettis on 10 Oct. 1845 in
Parke Co., IN, and died on 6 Mar. 1904 at Brookfield, MO); George Washington (V) “Wash”
(born 24 Aug 1826 in Marion Co., IN, married his second cousin, Marietta
Dungan, on 23 Mar. 1850 in Harrison Co., KY, and died on 22 Sept. 1917
in Carroll Co., MO); John Marion (I) (born 25 Mar. 1828 in Fleming Co., KY, married
Mary Jane Davis on 27 Oct. 1852, and died on 25 Aug. 1909 in Montgomery
Co., IN); Lucinda
Jane “Cindy” (born 9 May [or 31 Jan.] 1830 in Fleming Co.,
KY, married Thomas Reeder on 29 May 1851 in Parke Co., IN, and died on 2
Oct. [or 4 Oct.] 1906 in Blue Earth Co., MN); Jacob
Lawson (I) “Jake” (born 26 Jan. 1832 in Fleming Co., KY,
married Maranda Bell on 9 Dec. 1852 in Vigo Co., IN, and died on 12 [or
15] Dec. 1881 in Blue Earth Co., MN); Thomas
Fleming (born 5 Feb. 1833 at Portland Mills, Parke Co., IN,
married Sarah Jane Harris on 1 Jan. 1857 in Adams Co., IL, and died on 7
Feb. 1911 in Whitman Co., WA); Monroe Harrison (born about 1835 in Parke Co., IN, died there an
infant); James Sylvester “Vest” (born Oct. 1837 in Parke Co., IN,
married his first cousin, Minerva Lawson, on 13 July 1856 in Parke Co.,
IN, and died about 1901 in Jefferson Co., IL); Harrison
Monroe “Hack” (born 20 Feb. 1840 in Parke Co., IN, married
Orphelia Deyette “Etta” Enfield on 18 Apr. 1878 in Blue Earth Co.,
MN, and died there on 9 July 1891); Martha A(nn?) (born 3 Dec.
1842 in Parke Co., IN, married Elial H. Dickerson on 21 Feb. 1861 in
Ramsey Co., MN, and secondly Freeman A. Cate on 30 Sept. 1866 in Blue
Earth Co., MN, and died there on 3 Jan. 1881); Barton
Warren (born 1844 in Parke Co., IN, and died there in 1848); Miranda
Jane “Nan” or “Mandy” (born 7 May 1846 in Parke Co., IN,
married Gabriel A. Pickle on 22 Mar. 1866 in Blue Earth Co., MN, and
died on 17 Feb. 1932 at Long Beach, Los Angeles Co., CA); Sarah
Isabell (born 15 Nov. 1849 in Parke Co., IN, married Franklin W.
“Fred” Simonds on 13 June 1867 in Blue Earth Co., MN, and died on 15
Jan. 1909 at Topeka, KS); Edmund (II) (born about 1852 in Parke Co., IN, and died there on
29 Jan. 1855).
John
Henry Burgess
moved from Fleming Co., KY, to Rush Co., IN, in 1824, returned in 1827
to Fleming Co., moved in 1832 to Parke Co., IN, in 1856 to Blue Earth
Co., MN, returned a year later to Putnam Co., IN, returned to Blue Earth
Co. in 1860, and died there on 20 July 1891, being buried in the Burgess
Cemetery.
5c.
Bathsheba (II)
(variously Barsheba) “Sheba.”
Born 6 Jan. 1803 in Bourbon Co., KY. Married Joseph Rhoden on 16 Dec.
1824 in Fleming Co., KY (he was born 15 Oct. [or 11 Dec.] 1800 in
Fleming Co., KY, probably the son of Thomas Rhoden and Susanna Beaty,
and died on 26 June 1880 in Vigo Co., IN), and had children: William
Burgess (born 28 Dec. 1825 in Fleming Co., KY, married Nancy
Harmon on 28 Oct. 1847 [she was born about 1831 in KY, and was living in
1880], and died 30 June 1885); Amanda D. (born 1828 in Fleming Co., KY, married David M. Fuqua
in 1846 [he was the son of Washington R. Fuqua and Rebecca Wilson], and
died on 15 Nov. 1895 at Edgar Co., IL); Eunice
Elizabeth (born 12 Aug. 1829 in Fleming Co., KY, married Peter
Norton Barnes on 14 Aug. 1852, and died on 26 Mar. 1917 at Brokenbow,
NE); Emily
E. (born about 1837 in Fleming Co., KY); Martha J. F. (born about 1842 in Fleming Co., KY).
Joseph and Barsheba Rhoden are listed in the 1830-50 censuses for the Third
District, Fleming Co., KY. The Rhodens sold their land in Fleming Co. on
1 Dec. 1852, and moved to Elbridge Township, Edgar Co., IL, where they
appear on the 1860 census. By 1870 they had moved just across the
county/state line into nearby Fayette Township, at Sandford, Vigo Co.,
IN, and are also listed there in the 1880 census. Sheba Rhoden died
there on 6 July 1880, a few days after her husband, and is buried with
him in the Rose Hill Cemetery, near Sandford, Fayette Township, Vigo
Co., IN.
5d.
(George) Washington (II).
Born 5 Mar. 1805 in Fleming Co., KY. Married Lucinda C. Pearce or
Pierce, reputedly a cousin of President Franklin Pierce, on 13 Sept.
1830 in Fleming Co., KY (she was born 1 Nov. 1813 in KY, and died on 1
Dec. 1851 in Fleming Co.). They had children: (Isaac)
Franklin (born 25 Feb. 1833 in Fleming Co., married Mary Louise
Thomas on 13 Sept. 1860 in Fleming Co., and died there on 4 May 1912); Amanda
Jane (born 21 Nov. 1835 in Fleming Co., and died there unmarried
on 13 Jan. 1916); (William) Thomas (I) (born
12 Sept. 1837 in Fleming Co., married Lucy W. Hawkins on 7 May 1863 in
Nicholas Co., KY, and second Bertha Hawkins, and died on 5 Apr. 1930 in
Nicholas Co.); Mary (IX) (born 9 July 1838 in Fleming Co.); Henry
Clay (I) (born 25 Nov. 1840 in Fleming Co., married Louisa J.
Paxton on 1 Dec. 1865 in Fleming Co., and secondly Mrs. Dorcas Newcomb
on 19 June 1900 in Fleming Co., and died there on 21 Sept. [or 17 Aug.]
1907); Martha
M. (born 14 Nov. 1842 in Fleming Co., married George Washington
Magowan or Magowen on 25 Jan. 1871 in Fleming Co., and died there on 14
Mar. 1880); Rebecca
(III) (born 10 Feb. 1845 in Fleming Co., married George Peck on
30 Oct. 1872 in Fleming Co., and died there on 18 May 1923); Elizabeth (XV) “Lizzie”
(born 23 Mar. 1847 in Fleming Co., and died there on 10 Mar. 1857 or
1858); Lucinda
B(athsheba?) “Lucy” (born 1 Sept. 1849 in Fleming Co.,
married Daniel Presley Hysong on 2 Sept. 1880 in Fleming Co., and died
there on 13 May 1888); John
Pearce (born 15 Nov. 1851 in Fleming Co., married Nannie D.
Moran on 23 Dec. 1890 in Fleming Co., and died on 27 July 1935 in
Bourbon Co., KY).
5e.
Margaret (V). Born
about 1809 (or 1811) in Fleming Co., KY. Married Simeon Harmon on 28
Feb. 1833 in Fleming Co. (he was born about 1811 in KY, brother of
Elijah Harmon, who married Margaret’s sister, Sarah A. Burgess; the
marriage being conducted by her cousin, Rev. Thomas Mauzy, son of Peter
Mauzy, her grandfather). Their children included: John
H(enry?) (born about 1835); James
M. (born about 1836); Joab
(born about 1842, served in the Union Army, and was living in Fleming
Co. in 1890); Mary E. (born about 1843);
Amanda J. (born about 1845). Listed in the 1850 census for
Fleming Co., KY; her husband appears there in 1860-70. Margaret Harmon
evidently died in Fleming Co. between 1850-60.
5f.
Sarah A. (I). Born
about 1811 (or 1809) in Fleming Co., KY. Married Rev. Elijah T. Harmon
on 17 Feb. 1833 in Fleming Co. (he was born in 1814 in KY, brother of
Simeon Harmon, who married Sarah’s sister, Margaret Burgess; the
marriage being conducted by her cousin, Rev. Thomas Mauzy, and died in
1888, being buried in the Concord Cemetery). Their children included: Wesley H. (born about
1833, married Ellen Ann Scott); William
(born about 1835); Morton
E. (born about 1838); Minerva
E. (born about 1839, married John Preston on 2 Oct. 1858 in
Fleming Co.); John G. (born about 1841);
Emily (born about 1844); James
H. (born about 1847). Listed in the 1850-70 censuses (listed as
age 56 in 1870) for the Sherburne District, Fleming Co., KY. Sarah
evidently died between 1870-80, since her husband, Elijah Harmon, is
living alone with her brother and his brother-in-law, Wash Burgess, in
the 1880 census.

Excerpts from Fleming County Case #7119,
Burgess vs. Mausey
(November 1840)
To
the Honorable the Judge of the Fleming Circuit Court in Chancery sitting,
your orators William Burgess, John Burgess, George W. Burgess, Joseph
Roden and Barsheba his wife, Elijah T. Harmon, and Sarah his wife formerly
Sarah Burgess, and Simeon Harmon and Margaret his wife, heirs of Henry
Burgess, deceased, and Elizabeth Burgess, widow of said Henry Burgess,
deceased, humbly complaining respectfully represent to your honor, that on
or about the [blank] day of 1810, the said Henry Burgess entered into an
agreement with Peter Mausey for the purchase of a certain tract of land in
the county of Fleming and State of Kentucky, for which a certain John
Fowler then held the legal title. By said agreement it was stipulated that
the said Mausey should purchase and take the title to himself a portion of
said tract of land containing about one hundred and fifty acres, and that
he should procure the legal title of the balance thereof, being about
fifty acres for the said Henry Burgess and in his sd Burgess’ name. And
at the same time the said Henry Burgess paid into the hands of said Peter
Mausey a certain horse of the full value of one hundred and fifty dollars,
and also the sum of twenty pounds in money; which horse and money
constituted the full price and consideration for said fifty acres of land:
the said Mausey then agreeing to procure the title for said fifty acres of
land from said Fowler, who then resided in Fayette county in said State,
to which county said Mausey was about to go for the purpose of getting a
deed of conveyance for said one hundred and fifty acres of land; having
previously negotiated with the agent of said Fowler for the same, that is
to say, for the whole of said tract, one hundred and fifty acres thereof
being for himself, and fifty acres for said Henry Burgess. Said two
parcels of land being divided by a certain division line passing through a
fine spring, so as to give to each of them the benefits of said spring.
After the payment of said consideration by said Henry Burgess, the said
Peter Mausey paid the same and no other consideration over to said Fowler,
but instead of getting a title for said parcel of fifty acres to and in
the name of said Henry Burgess, said Peter Mausey fraudulently took a deed
and procured the title from said Fowler in his own name for the whole
tract, a copy of which deed is now herewith filed marked as voucher
“A” and made a part of this bill. Upon the making of said agreement
between said Henry Burgess and said Peter Mausey and the completion of the
negotiation for the purchase of said land with William Prout, the agent of
said Fowler, said Henry Burgess obtained the possession from said agent of
said fifty acres of land, and held possession for several years—and then
leased it to George Mausey, who had possession about [blank] years, and
then gave possession to John Burgess who afterwards transferred the
possession thereof to said William Burgess, who had possession about
[blank] years, when the said Peter Mausey forcibly entered and took
possession thereof, and has the possession ever since, a period of ten
years. In the meantime, to wit, on the [blank] day of [blank] 1813, said
Henry Burgess departed this life intestate, leaving said Elizabeth his
widow and your other orators and oratrixes his heirs at law.
Your
orators and oratrixes charge that by the law of the land, a trust in said
fifty acres of land resulted to said Henry Burgess; he having paid the
consideration and placed the same in the hands of said Mausey to procure
the title, and said Mausey agreeing to obtain a deed for the conveyance of
the same to said Henry Burgess. They also charge that said Peter Mausey
received the rents on and profits of said fifty acres of land for ten
years, and that he appropriated the same to his own use and benefit; they
charge that the rents and profits so received by said Mausey were of the
annual value of one hundred dollars. They further charge that said Peter
Mausey had in the life time of said Henry Burgess often promised and
agreed and [sic] with Henry Burgess to convey to him the legal title to
said Henry. But which he failed to convey, and has ever since failed, and
still fails, and refuses to do. They charge that in equity and good
conscience said Peter Mausey is bound to convey to them the legal title of
said parcel of fifty acres of land, according to the boundaries thereof
and the division line aforesaid. Said division line running so as to cut
off said fifty acres on the North West side of said two hundred acres, and
to crop said spring in such manner as to give an equal part thereof to
each of said parcels of land. The boundaries of said fifty acres will
therefore be as follows, to wit, beginning at [large space], the same will
be seen on reference to the inventory aforesaid, being on said evidence of
said tract of land. In order that justice may be done in the premises your
orators and oratrixes pray that said Peter Mausey be made a defendant to
this bill, and that he be compelled to answer the same on oath; to set
forth all the agreement made in relation to said purchase and the payment
of the consideration for said fifty acres of land by said Henry Burgess;
as well as all other matters and things herein contained, charged, and set
forth. And upon final hearing that your honor order and decree that said
Peter Mausey execute to your orators and oratrixes, widow and heirs as
aforesaid, a good and sufficient deed of conveyance of said fifty acres of
land; and they pray for all such further relief in the premises as to
equity belong, and their case may require, and that said Peter Mausey be
ordered to pay over to them such rents and profits of said land as shall
appear to be due them from him and to surrender to them the possession of
the said fifty acres of land.
—John
S. Cavan, solicitor for compts.
The deposition of Jacob
Lawson taken at the office of John S. Cavan, in the town of Flemingsburg,
on the 17th day of February 1840:
This
deponent being of lawful age and first duly sworn, deposeth as follows, to
wit, he knows where the land lies on which Peter Mausey the defendent now
lives—and which he occupies, but does not know how much there is in the
tract. The land was originally the land of John Fowler, and was in
possession of Henry Rice and Thomas Miller, and the said Peter Mausey and
Henry Burgess the father of the complaintants, purchased the right of said
Rice and Miller, and their right was only for the improvements so far as
this respondent knows. They may have had a contract of purchase of the
land. Said Rice and Miller were the first settlers on said land—and each
of them had cabins on the land and some improvements, but deponent cannot
tell what particular improvements—nor can he tell how lengthy they had
been in possession—but thinks not many years. The defendant has been in
possession of the land, deponent thinks, thirty years or upwards. Said
Henry Burgess settled on part of the land occupied by Mr. Miller above
named—and purchased the improvement of said Miller. The cabins of said
Rice and Miller were not very far apart, not more, deponent thinks, than
four or five hundred yards. The cabin of Rice stood near where said
Mausey’s house now stands, and the cabin of Miller stood in the
direction of the house where William Browning now lives, being a north
westwardly course from the cabin of Rice. This deponent was the first
settler in the part of the country where said land lies.
Question by defendant’s
counsel: Did
not Peter Mausey and Henry Burgess move from Bourbon County when they
bought out the improvement rights of Rice and Miller?
Answer: They did, and Henry Burgess was the son in law of
said Peter Mausey. Peter Mausey moved onto the land about two years after
Henry Burgess. After Henry Burgess had been living on the land, some short
time, he and Peter Mausey passed by my house on horseback and stopped a
short time. I then understood from them that they bought out the claims of
the before-mentioned Rice and Miller, and as they were going in the
direction of Bourbon, I supposed that they were returning to Bourbon
County. This was before Peter Mausey moved onto the land. I did not hear
them say anything at the time at having bought the legal title to the land
from Fowler, the original proprietor.
Question by defendant: How long did Henry Burgess live on the
land?
Answer: I cannot tell the length of time. I think that after
he left he went back to Paris in Bourbon County. He afterwards returned to
the neighborhood and lived some years, but I do not know whether he ever
lived at the same place.
Question: Did Henry Burgess give up the possession of the land
to Peter Mausey?
Answer: I do not know to whom. Jno. Mausey, a son of Peter
Mausey, had possession of it after Henry Burgess left it for a
considerable length of time.
Question: Was not Mr. Fowler a large proprietor of land in the
neighborhood?
Answer: He was. I do not know at what time [he] sold it. The
improvements of Miller and Rice above spoken of were on Fowler’s land.
Whether they had any liberty from Fowler to settle on the land I do not
know. It was very customary then for a person to settle down on land
without any right, and to sell out the improvements. Miller had been
shifting about from one place to another, and had made and sold several
improvements.
Question: Do you know of any agent that Fowler had attending to
his land in Fleming?
Answer: At the time that P. Mausey & Henry Burgess moved
on to the land, I do not know that Fowler had any agent in the
neighborhood. Some time after that, Gen. Fletcher acted as the agent of
Fowler. I do not know of Routt ever acting as the agent of Fowler in
relation to his lands in this neighborhood.
Question: After Henry Burgess removed back from Bourbon, did he
not live again near you, and did you hear of any claim that he set up to
any part of the land in possession of Peter Mausey?
Answer: After he returned, he lived near me on my side of the
branch from Peter Mausey’s land. I did not hear of any dispute then. All
the land was in Fowler’s claims, and when he returned I think he lived
on a part of the same land that was purchased of Rice and Miller, but not
at the place he first settled on. And further deponent sayeth not.—Jacob
Lawson.
The deposition of Henry Rice
taken the 20th day of May 1840:
...At
the time of purchasing the said improvements, said Peter Mausey stated
that he was purchasing the improvement occupied by deponent for his
son-in-law—and said Mausey at that time had no son-in-law but said Henry
Burgess....Said Peter Mausey about a year or so after the purchase of the
improvements purchased the said land and he paid horses for the land. One
of the horses which went to pay for the land was gotten from John Mausey,
a son of said Peter, and said John got another horse in his place from
said Henry Burgess. Said horse of Henry Burgess was to go toward payment
of the land. But it did not satisfy Fowler, and therefore John Mausey
furnished one in its place. Burgess (said Henry) got possession of the
land, which deponent understands to be the same now claimed by the
complainants, being on the north western part of the tract, a few months,
or a short time after said purchase of improvements was made, and retained
the possession two or three years, and cleared and fenced and cultivated
some of the land, but deponent cannot now say how much. Some time,
deponent thinks about the time Burgess left said land, deponent heard
Mausey say he would not make Burgess a title because he was in the habit
of drinking, and also at same time that he had not paid him for the land,
and stated that some difficulty had occurred between said Burgess and
Mausey in relation to said land, said Burgess wanting Mausey to convey the
legal title to him for the part he occupied....
Question by defendant: Do you know the reason why Henry Burgess
left the land and moved away?
Answer: I understood it was because he & Peter Mausey had
a difficulty about the land & Peter Mausey refused to make him a deed
to any part of it. The exchange of horses above spoken of took place
before the difficulty between Henry Burgess and Peter Mausey.
Question: At the time you heard Peter Mausey say he would not
make a deed to H. Burgess for the land did he say he was very intemperate
& that if he made him a deed he would run through & spend it?
Answer: I think P. Mausey remarked to me that H. Burgess was
in the habit of drinking too much, & that he had not complied with his
contract. I knew H. Burgess at the time, & I considered him very
intemperate.
The response of Peter Mauzy,
10 Sept. 1839:
...This
respondent denies most positively that he ever made a promise to the said
Henry Burgess decd. to make him a deed to the said fifty acres of land in
his life time or at any other time to any of his heirs or any other
person. Your respondent does not know how it is that the said complainants
can make allegations such as are contained in their Bill. He does not know
how such things could have entered into their minds. This respondent never
dreamed of any such thing & he had no idea that in his old age any
such thing was to come to pass to disturb him in the peaceful possession
of the little farm he has honestly labored & paid for with his own
means & no other. He does not know with what other design the
complainants could have filed their Bill against him but to harass and
distress him & he does not know what evidence they may produce to
sustain their claim. He charges, however, that the said complainants have
no right whatever to maintain any such a suit against him: that none of
the matters of their said Bill in relation [to] the pretended agreement
between Henry Burgess & this respondent are true. He never made any
such agreement; he never received any consideration from said Burgess to
pay to Fowler for land, and the whole claim set up by the said
complainants is false and fraudulent....—Peter Mauzy.
4f.
Edward (V) “Ned.”
Born 24 Nov. 1777 in Stafford Co., VA. Married Sarah Fields on 6 Feb. 1800
in Bourbon Co., KY. She was born Jan. 1781 in Maryland, the daughter of
Joseph Fields, a Revolutionary War veteran from Frederick Co., MD, and
Nancy Noland, both of whom had died by 1784; and was brought to Kentucky
with her brother, Greenberry Fields, by their uncle, Abraham Fields,
according to a long statement in Edward Burgess’s surviving Bible
record; Sarah Burgess died on 27 Nov. 1839 in Scott Co., and is buried
with her husband.
Ned Burgess was brought to
Kentucky about 1786 by his stepfather, Ralph Hughes, who settled near
Paris, Bourbon Co., KY. In 10 Oct. 1797 he acted as legal heir of his
father, William Burgess (who had been an executor for Ned’s grandfather,
Edward Burges), in selling the land that the original Edward had bought
for his family in 1731 in King George Co., VA (Deed
Book #8, p. 145-147); the other principals in the sale were the
legal heirs of the senior Edward’s other executor, Garner Burges.
Hence, Ned Burgess is provably descended from Edward Burges of King George
and Stafford Cos., VA. Ned appears on the tax lists of Bourbon Co. from
1799-1800 and on the tax lists of Scott Co., KY from 1799-1857, and is
listed in the census records there from 1810-50.
Ned Burgess settled on Eagle Creek
in the eastern section of Scott Co. (the so-called “Turkey Foot
District”), and systematically expanded his holdings until he had
accumulated a large estate. On a hill overlooking his property he erected
a house constructed to his exact specifications (which still survive in a
letter owned by William Addison Thomson); this house burned some years
after his death. He died on his farm on 26 Mar. 1858, probably the last of
his brothers and sisters to die (the date is confirmed from the surviving
handwritten instructions sent by his executors to the stone mason to
purchase the original headstone for his grave). He was originally buried
in a family plot set aside on his estate in the Old Elklick Cemetery; but
when his lands were sold earlier in this century, the family disentombed
all but one of the Burgess relatives buried there, and moved them in 1919
to a large plot in the southern section of the Georgetown Cemetery,
Georgetown, KY, where they surround a small, Grecian-style temple
emblazoned with the name “Burgess” across the top. Ned’s Bible
record still survives in his family. His probate record (Scott
Co. Will Book #N, p. 363-365) mentions his nine children then living.
5a.
Nancy (III). Born 5 Jan.
1801 in Scott Co., KY. Married Cyrus Jaco on 9 Jan. 1821 in Scott Co., KY
(he was born 26 May 1795, son of Theodore and Sarah Jaco, and died 7 Sept.
1877 in Shelby Co., IN), and had at least the following children: Theadore
(born 29 Oct. 1822 in Scott Co., KY, married Mary Price on 12 July 1849 in
Scott Co., and died 7 Feb. 1907 in Shelby Co., IN); William Edward (born 17
Jan. 1826 in Scott Co., KY, married Mary Ann Newton on 2 June 1849 in
Scott Co., and died on 5 Sept. 1898 in Shelby Co., IN, buried Mt. Pisgah
Cemetery); Mariah
E. (her name is also spelled Maria; born 1833 in Scott Co., KY,
and died after 1860); Mary E. (born 1838 in Shelby Co., IN); Eliza I. (born 1840 in Shelby Co., IN).
Nancy
Jaco is listed in the
1830 census for Scott Co., KY, and in 1840-60 in Addison Township, Shelby
Co., IN. The Jacos settled in Shelby Co., IN about 1835. Nancy Jaco died
there on 16 Mar. 1874, and is buried with her husband and two adult sons
in the Mt. Pisgah Cemetery, just east of Shelbyville, IN.
5b.
(William) Calvin (I).
Born 5 Oct. 1802 in Scott Co., KY. He never married, but had a son by his
housekeeper, Nancy A. Tucker, and adopted him as his sole heir: (James
Knox) Polk (I) (born 28 Mar. 1844 in Scott Co., KY, married Susan
Ann Wells on 17 Apr. 1878 in Scott Co., and died there on 21 Mar. 1917).
Calvin Burgess died on 21 May 1859 in Scott Co., and is buried on his
farm.
5c. Bathsheba
(III). Her name was also spelled Barsheba or Bashaba. Born 22 Aug.
1804 in Scott Co., KY. Married Henry Bruce Drake about 1829 (he was born 4
Jan. 1810, son of Thomas Drake and Rachel Peak [who was the daughter of
John Peak, a Revolutionary War soldier, and Jamima Peak], and died 9 Mar.
1846 in Scott Co., KY), and had children: James
W. (born 1830 in Scott Co., KY, married Josephine Brockman on 10
June 1857 in Scott Co. [she was born 1827 in KY], and died after 1860); George
Edward William (born 18 Jan. 1832 in Scott Co., KY, served in the
medical corps of the Confederate Army during the Civil War, and was
stationed at Tunnel Hill, GA; he married Elvira M. Gurr on 18 Jan. 1866 in
Houston Co., GA (she was born 13 Nov. 1840 in Houston Co., daughter of
Samuel Gurr and Elizabeth Bishop, and died 17 Sept. 1901 at Sadieville,
KY), and died on 20 Jan. 1880 at Lytles Fork [now Sadieville], Scott Co.,
KY; Mary Ann (born 1835,
married John Tucker on 13 July 1859 in Scott Co. [he was born 1826]); Sarah
Maria (born 22 Feb. 1836 in Scott Co., KY, married her first
cousin, William Edward Jaco, on 19 Aug. 1856 in Scott Co., and died 2 Dec.
1924 in Shelby Co., IN); Susannah Ellen “Susellen”
(born 1841, married her first cousin, Benjamin Kenn Burgess, on 7 Feb.
1867 in Scott Co., and died between 1880-88, leaving one son, James
Edward).
Bathsheba
Drake is listed in the
1850 census for Scott Co., KY as head of her family, in 1860 with her son,
James, and in the Scott Co. tax lists through 1865. Bathsheba Drake was a
farmer in Scott Co., KY. She died there early in 1865 (her inventory,
dated 21 Mar. 1865, appears in Scott Co. Will
Book #P, pages 200-201, 215-216, and 280-281). Information on the
Drake family was supplied by Mae Price, Pauline Marler, and Chris Glass.
5d.
Mariah (I). Her name was
also spelled Maria, and is listed on her tomb as Myriah. Born 22 Oct. 1806
in Scott Co., KY. Married George William Bates on 18 Oct. 1827 in Scott
Co. (he was born 4 July 1806 at Berkshire, MA, son of William Randall
Bates, and was killed by his nephew, Polk Burgess, on 7 Aug. 1866), and
had children: Sarah A. (born 24 June 1828, died 27 June 1828); Mary
A. (born 23 Apr. 1829, died 13 Nov. 1830); William Edward (born 8
Aug. 1830, married Ann Eliza Reed on 26 June 1860 in Scott Co. [she was
born 20 June 1837, and died 15 July 1912, buried Bates-Parker Cemetery],
served as a school teacher, magistrate, Deputy Scott Co. Clerk, and Judge,
and died on 3 Jan. 1912 in Scott Co., being buried in the Lancaster
Cemetery; his biography appeared in the Biographical
Cyclopedia of the Commonwealth of Kentucky (Chicago: John M. Gresham
Co., 1896, p. 233-234); Richard Henry (born 12 May 1832, married Elizabeth F. Fleetwood
on 22 Dec. 1857 in Scott Co. [she was born 14 Jan. 1835, and died 30 Mar.
1922 at Greensburg], and died on 11 Sept. 1911 at Greensburg, IN); George
William Jr. (born 26 Apr. 1834, married Estabine Burgess
[unrelated] in 1864 in Brown Co., IL, lived at Versailles, IN, and died 7
Aug. 1912); James
Luther (born 15 Feb. 1836 at Shelbyville, IN, married Elizabeth
Perry on 28 Aug. 1855, and died 4 Apr. 1865 in Scott Co.); Joseph M. (twin) (born 2
May 1838 in Scott Co., married Martha Perry, lived at Decatur, IN, and
died 13 Feb. 1864);
Horace G. (twin) (born 2
May 1838 in Scott Co., married his first cousin, Sarah Fields Burgess, on
25 Jan. 1866, and died 24 Sept. 1909 in Shelby Co., IN); Miranda Jane (born 22 Apr.
1840 in Scott Co., married Zephaniah Fields Jr. on 10 July 1860 [he was
born 5 Feb. 1833, and died 12 Feb. 1923], and died 11 Mar. 1929, buried
Sadieville Cemetery); John
Thomas (twin) (born 23 Feb. 1842, married Julia Ann Rogers on 20
Feb. 1868 in Scott Co. [she died 18 Nov. 1868)], and secondly Susan Edith
(Fitzgerald) Zeysing [she was born 8 Jan. 1837, and died 7 May 1920], and
died on 11 May 1914, buried in the Bates-Parker Cemetery); Allen Genole (twin) (born 23 Feb. 1842, married Martha
“Mattie” ___, and died 3 Nov. 1908 in Decatur Co., IN); Francis Marion (born 3
Feb. 1844, married Eliza Jane Patterson in Aug. 1872 [she was born 22 July
1849, and died 1 Oct. 1918], and secondly Emma Romans, and died 29 Nov.
1927, buried in the Bates Cemetery); Walter
Scott Bates
(born 18 Jan. 1846, died 25 Mar. 1848); Charles
Augustus (born 12 Feb. 1850, married Sarah E. Zeysing on 1 Sept.
1875 in Scott Co. [she died 1902], and died 23 June 1930 at Greensburg,
IN).
Mariah
Bates is listed in the
1850 census for Scott Co., KY, and in 1860 living with Zephaniah Fields
Jr. The Bateses farmed and owned a tavern near the Turkey Foot area of
Scott Co. Mariah Bates died on 4 Apr. 1868 in Scott Co.; she and her
husband are buried in the Old Elklick Cemetery.
5e.
Joseph Fields. Born 5
Feb. 1809 in Scott Co., KY. Married Elizabeth Sharp in 1831 (she died six
weeks later), and secondly Miranda Penn on 24 Dec. 1839 in Scott Co. (she
was born 29 Apr. 1821, the daughter of Samuel Penn and Sally Griffith and
died 27 Mar. 1857 in Scott Co.), and had children: Evaline P(enn?) (born Dec.
1840 in Scott Co., KY, married Sterling Paul “Jimmy” Smith on 13 Nov.
1868 in Scott Co., and died there on 18 July 1931); Sarah E. (I) (born 9 Apr.
1842 in Scott Co., and died there on 6 Jan. 1857); Nancy E. (I) “Nannie”
(born May 1844 in Scott Co., KY, married Buford Hall on 23 Dec. 1868 in
Scott Co., and died there on 30 May 1914); Penelope
(III) “Neppie” (born 12 Mar. 1847 in Scott Co., married James
Franklin Musselman on 6 Dec. 1870 in Scott Co., and died 23 Dec. 1923 at
Woodstock, NY); Thomas Jefferson (I) (born
22 Mar. 1849 in Scott Co., married Joseph C. Pack about 1874, and died on
16 Feb. 1923 in Scott Co.); Elvessa
B. (born 10 Jan. 1854 in Scott Co., and died there on 29 June
1856).
Joseph Fields Burgess was one of the wealthiest men of his time
in Scott Co., KY, serving as Justice of the Peace there from 1840-51. His
large mansion is considered to be the most splendid building of its type
in northeastern Scott Co. His estate served as the basis for a popular
novel, Weeds, by Edith Summers Kelley. He died there on 20 Jan. 1892, and
is buried with his wife and family in a cemetery behind his old house.
5f.
Margaret Ann (I). Born
28 May 1811 in Scott Co., KY. Married Jesse Dungan about 1830 (he was born
in 1805, the son of Thomas Dungan, and died 12 Sept. 1838, being buried in
the Beckett Cemetery), and had children: Sarah Ann (born 3 Aug.
1833, married Joshua Fields, and died 4 Mar. 1897); Marietta (born 22 July
1833, married her second cousin, George Washington Burgess [V], in 1850 in
Harrison Co., KY, and died 2 Oct. 1920 in Carroll Co., MO); Nancy
Elizabeth (born 1835); Maria(h)
Frances (born 1837, married her cousin, William Faulconer [or Faulkner],
son of Edmund Faulconer and Elizabeth Hedger, and grandson of Reuben
Faulconer, on 18 May 1870); Leona
F. (born 1839). After her husband’s death, Joseph Burgess
provided for his sister’s family, acting as his nieces’ legal guardian
until they came of age (he gave Marietta permission to marry in 1850).
Listed with her father in the 1850 census, but moved to Harrison Co. in
1855, when Thomas Dungan’s estate was divided, her two older daughters
deeding their interest in that estate to Margaret on 7 Mar. 1855 in
Harrison Co. (Deed Book #25, p.
281). Listed in the 1860-80 censuses for Casons (6th) District, Harrison
Co., KY, and in the tax records there as head of the family through 1881.
She died on 20 Dec. 1881 in Harrison Co., KY, and is buried in the Beckett
Cemetery.
5g.
James Henry. Born 8 Jan.
1814 in Scott Co., KY; died there on 8 June 1826, and is buried in the
Georgetown Cemetery.
5h.
Edward (IX) (nmn). Born
1 July 1816 in Scott Co., KY. Married Mary Ann Adams on 3 Jan. 1836 (she
was born 7 Nov. 1814, the daughter of Francis Adams and American Brennen
or Branham, and died on 13 Dec. 1858), and secondly Sarah Elizabeth
“Sallie” Davis on 21 Apr. 1861 in Scott Co. (she was born 19 July
1841, the daughter of Jonathan Davis and Frances Jane Laughlin, and died
on 21 May 1919 in Scott Co.), and had children: James
Greenberry (born 12 Oct. 1836 in Scott Co., married Mary Elizabeth
Fields on 10 Aug. 1858 in Scott Co., and died on 22 Feb. 1863 at
Chattanooga, TN, while serving in the Confederate Army); Naomi “Nannie” (born 5 July 1838 in Scott Co., married
[Benjamin] Thomas Hinton on 18 Sept. 1860 in Scott Co., and died there on
5 May 1864); William Calvin (II) (born 12 Jan. 1840 in Scott Co., and died
there on 10 May 1851); Remus
Van Buren “Reem” (born 5 Dec. 1841 in Scott Co., and died
there unmarried in 1901); Virginia (I) (born 18 Aug.
1843 in Scott Co., and died there on 29 Mar. 1851); Benjamin Kenn (born 29
Aug. 1846 in Scott Co., married his first cousin, Susan Ellen
“Susellen” Drake, on 7 Feb. 1867 in Scott Co., and died there on 17
Mar. 1933); Joseph
Edward (born 31 Aug. 1848 in Scott Co., and died there on 24 Aug.
1864); (Mary) Celestine “Tinie” (born 22 Dec. 1850 in Scott Co.,
married Edmond Caesar Muddiman on 28 Sept. 1874 in Scott Co., and died
there on 20 Jan. 1886); John Cabell Breckinridge (born 11 Mar. 1852 in Scott Co.,
married Martha Susan Sharpe on 23 Dec. 1875 in Scott Co., and died there
on 2 Nov. 1920); Solomon Washington “Sol” (born 14 Aug. 1855 in Scott Co.,
and died there on 19 Feb. 1898); Nancy
Jane (II) “Nannie” (born 11 Feb. 1862 in Scott Co., married
[John] Gano Shropshire on 15 Sept. 1885 in Scott Co., and died there on 12
Aug. 1920); Maria Antoinette (born 15
Oct. 1863 in Scott Co., and died there on 23 Aug. 1864); Lafayette Stipp (born 27
Nov. 1864 in Scott Co., married Sallie Pack about 1889, and died on 18
Nov. 1902 in Scott Co., being run over by an interurban train car); Lazarus
Newton (born 30 Oct. 1867 in Scott Co., married Mary P.
“Mollie” Johnson about 1889, and died on 31 May 1937 at Buffalo, Erie
Co., NY); (Joseph)
Lot (born 6 July 1871 in Scott Co., married Emma Lovena Boyers on
18 Nov. 1897 in Kenton Co., KY, and died on 14 Feb. 1925 in Harrison Co.,
KY); Hellena
Ellen “Ella” (born 4 Jan. 1873 in Scott Co., married Keller
Current Thomson on 7 Apr. 1903 in Scott Co., and died on 15 Sept. 1962 in
Harrison Co., KY); Sarah
Edward “Sallie” (born 3 May 1876 [or 1875] in Scott Co., and
died there on 24 May 1924); Cassius Caesar (born 25 Sept. 1878 in Scott Co., married Amelia
Annie Hudgens on 22 Jan. 1906 in Fayette Co., KY, and died 15 Oct. 1958 at
Huntingburg, Dubois Co., IN).
Edward Burgess Jr. is listed in the 1840-80 censuses for
Scott Co., KY, farming large tracts of land in the Turkeyfoot District. He
died there on 28 Aug. 1898, and is buried with his wives and many of their
children in the Georgetown Cemetery, Georgetown, KY.
5i.
Greenberry Fields. Born
6 July 1819 in Scott Co., KY. Married Elizabeth Wycoff on 18 Oct. 1814 in
Scott Co. (she was born 18 May 1818 in KY, and died on 16 Apr. 1853 in
Shelby Co., IN), and secondly (Arthusa) Frances Wright on 17 Feb. 1855 in
Shelby Co., IN (she was born 27 Jan. 1830 in KY, and died 15 Aug. 1871 in
Shelby Co.), and thirdly Margaret A. Jacobs on 29 Apr. 1873 (she was born
8 June 1855 in Scott Co., KY, and died 1938 in Shelby Co.), and had
children: Burlington
Benjamin (born 3 Oct. 1842 in Scott Co., and died while serving in
the Union Army on 24 Sept. 1862 at Helena, AR); Susan D. (born 8 July 1844
in Scott Co., and died before 1850); (William)
Calvin (III) (born 8 Mar. 1846 in Scott Co., and died 24 Nov. 1862
in Shelby Co., IN); Sarah
Fields “Sallie” (born Nov. [or May] 1847 in Shelby Co., IN,
married her first cousin, Horace G. Bates, on 25 Jan. 1866 in Shelby Co.,
and died there about 1927); Mary Miranda (born 7 Apr. 1849 in Shelby Co., and died there in
1853); Margaret E. “Maggie” (born 9 Nov. 1850 in Shelby Co.,
married Alfred F. Thompson on 26 Sept. 1889 in Shelby Co., and died there
in 1927); Joseph
Greenberry (born 27 Mar 1853 in Shelby Co., and died later the
same year); John Clement (born 1 Mar. 1856 in Shelby Co., married Martha
___, and secondly Mayme Frances Hinshaw on 4 May 1915 in Shelby Co., and
died in 1917 at Juneau, Alaska, or in Arizona); James
Edward (I) (born 14 Nov. 1857 in Shelby Co., married Alice M.
Brown on 13 Nov. 1882 in Shelby Co., and died there on 18 Apr. 1929); Nancy
G. “Nannie” (born 26 Aug. 1859 in Shelby Co., married John H.
Fagel on 7 Nov. 1888 in Shelby Co., and died there on 6 Aug. 1951); Noah
T. (born and died 1861 in Shelby Co.); Belle (born 5 Aug. 1864 in Shelby Co., married Rev. Columbus
Taylor Roberts on 8 Feb. 1888 in Shelby Co., and died on 2 Oct. 1892 at La
Junta, CO); Mary Etta (born about 1866 in Shelby Co., married David A.
John(s) on 7 Aug. 1889 in Shelby Co., and was living in 1909); (Florence)
Helena “Lena” (born Mar. 1877 in Shelby Co., married William
R. Midkiff on 5 Dec. 1894 in Shelby Co., and died in 1959); William Clement (born 15
Sept. 1878 in Shelby Co., and died there on 27 Dec. 1923); Roy Otto (born 18 Nov.
1880 in Shelby Co., married Nora Ethel Hatfield on 9 Apr. 1900 in Shelby
Co., and died there on 7 July 1934); (Grace)
Leona (born Nov. 1882 in Shelby Co., married Albert Byron Brown on
7 Aug. 1901 in Shelby Co., and died there in 1918); Francis Nathaniel “Frankie” (born 25 Feb. 1884 in Shelby
Co., and died there on 2 May 1884).
Greenberry
Fields Burgess moved from Scott Co. to Addison Township, Shelby Co.,
IN, in 1847. His biography appeared in Atlas
of Shelby Co., Indiana (Chicago: J. H. Beers & Co., 1880, p. 48),
and also in Chadwick’s History of
Shelby County, Indiana, by Edward H. Chadwick (Indianapolis: B. F.
Bowen & Co., 1909, p. 676-678). He died there on 2 Apr. 1915, being
buried with his wives and family in the Mt. Pisgah Cemetery.
5j.
Marietta “Martha.”
Born 20 July 1824 in Scott Co., KY. Married as his second wife Thomas
Creath White on 29 Apr. 1845 in Scott Co. (he was born 1817, son of Daniel
W. White and Alice Threlkeld, and died 20 Jan. 1892; by his first wife he
had children: James K. [born
1836, died childless]), and had children: Mary
Thomas (born 1846, living with her parents in 1880); Llewellyn
Williams (born 1848, married Margaret Mae “Maggie” Bane on 29
Mar. 1873 [she was born 25 Jan. 1856 in VA, and died 15 June 1914], and
died on 17 Dec. 1921, being buried with his parents); Daniel Edward (born 24 July 1850, married Angeline “Anna”
Barnhill on 22 Dec. 1877, and died childless in Scott Co. on 9 Dec. 1917,
being buried in the Vance Cemetery); Joseph
Calvin (born 1853 or 1855, married Carrie Sherritt Moreland, and
died on 4 Apr. 1926, being buried in the White Family Cemetery); Agatha
Bathsheba “Gatha” (born
20 Apr. 1858, married John S. Lay on 14 Sept. 1889, and secondly Calvin
Parker, and died childless on 12 Mar. 1942, being buried in the White
Family Cemetery); Nancy
Maria “Nannie” (born 11 Feb. 1866, and died unmarried on 17
Mar. 1889, buried White Family Cemetery); Lula
Green (born 16 July 1869, and died 8 Jan. 1879, buried White
Family Cemetery).
The
Whites are listed in the
1850-80 censuses for Scott Co., KY. Martha White died in 1890, and is
buried in the White Family Cemetery.
The
Biography of William Edward Bates
“William
Edward Bates of Georgetown, Judge of the Scott County Court, son of
George W. and Maria (Burgess) Bates, was born in Scott County, Kentucky,
August 8, 1830. George W. Bates (father) was a native of Massachusetts,
who came to Kentucky in 1826, locating in Scott County. In 1834 he
removed to Indiana, and after spending two years in that state, he
returned to his former home in Scott County, where he continued to reside
until his death in 1886 [sic]. He was a fuller by trade, but after
coming to Kentucky he devoted his attention to farming. He was a major
of militia under the command of General John T. Pratt. He was a highly
respected citizen and a worthy and upright member of the Christian
Church....
“Maria
Burgess Bates (mother) was born in Scott County, and was a resident of
her native county until her death, April 8, 1888 [sic]. She was a most
excellent woman whose chief characteristic was her devotion to her
religion and to the Christian Church of which she was a member. Edward
Burgess (grandfather) was born in Culpeper County, Virginia, in 1783
[sic], and was one of the first settlers of Scott County, where he was a
farmer, and died in 1857. The Burgess family was descended from the
Huguenots, who were driven out of France by Louis XIV in 1685, many of
whom settled in Virginia and the Carolinas, and their descendants are
everywhere highly honored and respected; being enterprising and
intelligent, they are found in legitimate business pursuits and in the
professions in almost every community. The ministers especially who
belong to this sturdy race have wide influence in the South and West.
“William
Edward Bates lived on his father’s farm until he was twenty-four years
of age. He was educated in the common schools of his day, and by close
application he became well advanced in many of the English branches. He
was married in 1860 to Annie E. Reed, daughter of James Reed of Scott
County, after which event he returned to the farm, where he remained
until 1890, during a part of which time—about nine years—he served
as justice of the peace. In 1890 he was elected judge of the Scott
County Court, and in 1894 was re-elected to that office, in both of
which elections he was the candidate of the Democratic Party.... Judge
Bates is the eldest of twelve children—eleven sons and one
daughter—of George W. Bates, eight are now living. During the Civil
strife the family was divided; two of the sons were in the Federal and
two in the Confederate army, and latter two serving under General John
Morgan. Two other brothers served for a short time only, one on each
side of the conflict.”
Greenberry F.
Burgess, Addison Township (1880)
“This
old and respected farmer was born in Scott Co., Ky., July 6, 1819, and
is the son of Edward and Sarah Burgess, nee Fields—he a native of
Virginia and she of Maryland, who settled in Kentucky when children.
There they grew to maturity, and Feb. 6, 1800 became man and wife, and
spent the balance of their days in that State. Greenberry F. was the
ninth in the family composed of Nancy, William C., Bathsheba, Maria,
Joseph, Margaret A., James H., Edward, Greenberry F., and Marietta. His
youth was passed in his native county, and in 1847 he moved to Shelby
Co., Ind., settling in Addison Township. He was married in Scott Co.,
Ky., Oct. 16, 1841, to Elizabeth Wikoff, who was born in Kentucky May
18, 1818. She was the daughter of Nicholas and Susan Wikoff, natives of
that State; they had the following children—Burlington B., who died in
the Army Sept. 24, 1862; Susan D., deceased; William C., deceased; Sarah
F.; Mary M., deceased; Maggie E.; and Joseph G., deceased. Mrs. Burgess
was a member of the Christian Church, and died April 16, 1853. He was
again married Feb. 17, 1855, to Arthusa F. Wright, daughter of William
and Sarah Wright, natives of Kentucky, where she was born Jan. 27, 1830.
The following children are the fruits of this union: John C., James E.,
Nannie G., Noah T., Belle, Mary E., and one died infancy. This wife was
also a member of the Disciples Church, and died Aug. 15, 1871. He was
married a third time, April 29, 1873, to Margaret A. Jacobs, daughter of
Nathaniel and Margaret Jacobs—he a native of Virginia, and she of Kentucky,
who settled in this county in 1857, where Mrs. Jacobs is still living,
her husband having died May 2, 1879. Mrs. Burgess was born in Scott Co.,
Ky., June 8, 1855, and has two children—Florence Helena and William
Clement Burgess. Mrs. Burgess is an industrious, economical wife, and a
faithful member of the Catholic Church. Mr. Burgess has always been a
hardworking man, and it was by determined industry and frugal habits
that he has been able to own today 256 acres of land. Politically, he
has always been an unflinching Democrat. He is upright and honest in
every transaction, and is truly one of “Old Shelby’s” self-made
men. A view of his home will be found in this book, denoting that he is
considered one of the representative farmers of Addison Township.”
Greenbury Fields
Burgess (1909)
“A
worthy scion of a fine old pioneer family, and he himself a popular and
venerable early settler who merits the praise due all hardy and honest
men of this type, is Greenbury [sic] Fields Burgess of Addison township,
Shelby County, Indiana, who was born in Scott County, Kentucky, July 6,
1819, the son of Edward Burgess, a native of Virginia, who married Sarah
Fields on Feb. 6, 1800, a native of Maryland. After spending their long
and useful lives on a farm, which they developed from the primeval
forest, they both died in Scott County, Kentucky. Ten children were born
to them, named as follows: Nancy, William C., Bathsheba, Joseph, Maria,
Margaret, Edward, James Henry, Greenbury F., and Marietta.
“Greenbury
F. Burgess received only a limited education in the old-time log
school-houses. He remained at home until he was twenty-one years of age.
In 1847 he came to Indiana, and began life for himself amid new
conditions, locating in Addison township, Shelby County, where he
secured land, which he at once began to clear and develop into a farm,
erecting rude buildings, which, as he prospered by dint of hard toil and
good management, gave way in time to more substantial buildings. He
finally became the owner of two hundred and fourteen acres of valuable
land. He cleared about one hundred acres of this himself. He has always
been a very robust, rugged, and hard-working man, consequently he has
succeeded. He has always carried on general farming in a manner that not
only insured a good living from year to year, but enabled him to lay by
quite a competency. He has devoted considerable attention to the raising
of grain and various kinds of live stock. His farm is highly improved,
and he has a good dwelling and substantial out-buildings, and an excellent
orchard and garden.
“Mr.
Burgess has been three times married, first on October 16, 1841, to
Elizabeth Wikoff, of Kentucky, who was born May 18, 1818. She died April
16, 1853, and he married a second time on February 17, 1855, his second
wife being Arthusa F. Wright, born January 27, 1830; she died August 15,
1871, and Mr. Burgess’ third marriage was solemnized on April 29,
1873, to Margaret A. Jacobs, of Scott County, Kentucky, a daughter of
Nathaniel and Margaret (Sharp) Jacobs, the former a native of Virginia,
and the latter of Scott County, Kentucky. They came to Shelby County,
Indiana, in 1851, and secured land in Liberty Township. Mr. Sharp [sic],
who devoted his life to farming, died May 2, 1879, and his wife passed
away October 22, 1894. They were the parents of thirteen children,
namely: Malissa, Harvey, Maranda, Amanda, Mary, Susan, William, George
W. and Thomas J. (twins); Narcissus; Margaret, wife of the subject of
this review; Amanda [sic]; and Serelda.
“Greenbury
F. Burgess’ children by his first wife were: Burlington B., deceased;
Susan D., deceased; William C., deceased; Sarah F.; Mary M., deceased;
Maggie E.; Joseph G., deceased. The subject’s children by his second
wife were six, as follows: John C., James E., Nannie G., Noah T. Belle,
Mary E., and an infant. The children by Mr. Burgess’ third wife are:
Florence Helena, wife of William Midkiff, of Liberty Township, Shelby
County; William Clement, a farmer on the old home place; Roy Otto, a
farmer in Addison Township, who married Nora Hatfield, on April 9, 1901,
and they have two children, LaRue and Gladys; Leona G., married Albert
Brown, of Fort Benjamin Harrison, and to them three children have been
born, namely: Burgess B., Ruth, and Margaret Helena; the fifth child of
the subject and his third wife was Francis Nathaniel, who died May 2,
1884.
“Mr.
Burgess has always been a Democrat. He is a member of the Baptist
Church. He is truly self-made man, and has won the respect of a wide
circle of friends and acquaintances in Shelby County. While feeble at
the age of ninety years, owing to rheumatism, his health is otherwise
unimpaired. His eyesight is particularly good, as he is enabled to read
magazines and the finest print of the daily newspapers without glasses.
It is a source of pleasure and satisfaction to him, and he devotes most
of his time to reading.”