THE
BURGESSES IN COLONIAL AMERICA The Northern Neck
slides determinedly into the cold waters of Chesapeake Bay,
flanked on one side by the huge snake of the Potomac River
and on the southern bank by the smaller, more placid
Rappahannock River. To the early settlers it must have
seemed a green oasis floating amidst the waters. This long
peninsula was settled in the 1640s and '50s by predominantly
English farmers, who within a generation had driven away,
conquered, or overwhelmed the indigenous native populations
with superior firepower and disease.
The flanks of
this fertile strip of land were quickly cleared of brush and
trees, and a variety of crops planted. By the 1680s tobacco
was king, being the one product that could be grown and
exported to Europe for hard cash, or traded for the metals,
goods, and other implements so badly needed by the first
pioneers.
At the time William Burges
arrived, in the late 1600s or early 1700s, the
Indians were only a memory, the best lands long since
settled and cleared, the tobacco boom somewhat waning, and
the opportunities for a bright young man somewhat less than
they would have been a generation before.
Yet, for
whatever reason—poverty, religious persecution, politics—William
and family felt compelled to make the difficult trek across
the Atlantic and start over again in a new land. The world
that he found was a microcosm of English country life,
complete with counties, country squires, an established
Anglican Church system that was supported by and in turn
supported the government, and a colonial parliament (the
House of the Burgesses).
There were significant
differences, too, including the absence of nobility, the
fact that the large plantation owners were mostly self-made
men, and the vast expanse of the land itself, promising, if
the Indians could be pushed back, endless opportunities for
those willing to work. William and his wife never lived to
see those possibilities, but his son Edward did.
For
the Burgess family, the one key event of these early years
was Edward Burgess's purchase of a 100-acre farm in
King George Co. in 1731. He must have scrimped for
years to make the payments on the land, which was located in
the "back woods" on the ridge between the rivers. But the
fact that he owned land made him self-sufficient, and it
also gave him the right to vote. Suddenly his sons could
advance themselves, and each made the most of their
opportunities.
At a time when only a third of the
adult males of Virginia could vote, when even less of the
population found it necessary to make wills disposing of
their property, four of Edward's five sons bought farms
larger than their father's, and all four left wills; only
the second son, William (who died relatively young), did not
leave an estate. The portrait of the Burgess clan prior to
the Revolutionary War is one of a close family group
clustered around two centers: the old family farm in King
George Co., and the somewhat more bustling world of Stafford
Co. ten miles to the northwest, where the port of New
Marlborough provided an eye to the outside world and its
attractions.
And it was to the Accokeek Creek area
of Stafford (not far from the port, courthouse, and church)
that the two older sons, Garner and William Burgess,
were attracted in the 1750s. King George Co. provided a
comfortable haven from the world, a backwater little touched
over the centuries by outside events (even the Civil War
scarcely caused a rumble). But Stafford and its port were a
center of activity during the seventeenth and eighteenth
centuries, with a constant stream of travelers and goods and
activities flowing through its borders.
They must
have beckoned to the Burgess boys like glittering lights
attracting moths. They married local girls and worked as
farmhands for the established landowners of the region. By
the 1760s Garner Burges had pushed on into the
frontier, leasing 200 acres on the Manor of Leeds,
a huge tract personally owned by the Proprietor of the
Northern Neck, Lord Fairfax, in the back woods of
Fauquier County, Virginia.
When the
Revolutionary War broke out in 1776, Garner
was in Fauquier Co., William and
Reuben in Stafford, Edward Jr.
either in Stafford or Prince William Co., and Moses
with his mother on the family farm in King George. There is
no evidence of any of these men serving in the Revolutionary
War, although such service may well have not been recorded.
Most were too old and too well established; even the
youngest, Reuben, was thirty-one, and all had families to
support. Only William Burgess may have had a son old enough
to join the army, and family traditions state that William
Burgess Jr. and Reuben Burgess did both serve.
William Sr. was the first of the brothers
to die in 1780, leaving a widow and several married or
underaged children. It was left to his and his brother's
descendants to begin the long trek West.
THE
FIRST GENERATION WILLIAM BURGES (1670?-1712) of
Richmond (later King George) County, Virginia This family
was located about thirty miles directly south of present-day
Washington, DC. The Northern Neck of Virginia, the long
peninsula of land stretching between the Potomac and
Rappahannock Rivers, experienced a boom in the tobacco trade
during the mid-1680s that resulted in a large influx of
farmhands, both white and slave, to work the plantations
which had grown up along the fertile river plains.
Land ownership was concentrated in the hands of a relatively
small number of country gentlemen, who had built up their
holdings cheaply through the "headright" system, by
financing the importation of labor into the colonies. For
each settler whose passage was paid, the sponsor received
fifty free acres of land, plus (usually) a contract binding
the immigrant to seven years of indentured service. Settlers
who managed to pay their own way to the British colonies, or
those who paid off their servitude after seven years, worked
as overseers, tradesmen, and farmers, buying small plots of
land in less favorable areas, or leasing plots from the
larger plantations.
William was probably one of the
laborers who flooded into the Northern Neck region between
1685-1710. We know nothing of his origins.
However, it is conceivable that he is the same person as the
William Burges mentioned in The Complete Book of Emigrants,
1661-1699, by Peter Wilson Coldham (Baltimore, MD:
Genealogical Publishing Co., 1990, p. 682) as shipping goods
(or himself and his possessions) from Bristol, England to
Virginia between 4 Dec. 1697 and 2 Feb. 1697/98 O.S., on the
same vessel (the Mountjoy) as goods being shipped by William
French and George Mason.
The later Burgess
connection with the French and Mason families is at least
suggestive, although it must again be emphasized that there
is no hard evidence to link our Burgess family with any
other family or specific location in Europe.
The
Children of William Burgess:
2a. Elizabeth (I). Born
about 1693. No further record. 2b. Mary (I). Born about
1695. No further record. 2c. Sarah (I). Born about 1697.
She or a sister may have married (Darby?) Swillivan(t) or
Sullivan(t), and had children: Burgess (born about 1725,
married Anne Carver on 3 Feb. 1747/48 O.S. [St. Paul's
Parish Register], listed in the King George Co. tax lists
in the 1780s, and had at least the following children:
Sallie [born 24 Oct. 1748 O.S.]; William [born 8 Oct. 1750
O.S.]; Harry [born 6 July 1758]); Burgess Jr. (married Lynn
[Linney] Wilkerson). 2d. Edward (I). Born about 1699.
THE WILL OF WILLIAM BURGES The
noncupative will of William Burges late of the parish of
Saint Maries in the County of Richmond deced. who
published and declared the same before us on Thursday the
23th [sic] day of Aprill in the yeare of our Lord
1712, in manner and forme ffollowing Sart. (?) Imp
he did give and bequeath unto his son Edward Burges
one gray mare Item he gave unto his Daughter
Elizabeth Burges one catt teule [i.e., cattail]
bed* wh the appurtenances Item he did give the bed whereon
he dyed to his Daughter Sarah and also to
his Daughter Mary one fflock bed*.
Item he left his son Edward Burges to
Jeremiah Bronaugh untill he came of the age of one and
twenty yeares, and also his daughter Sarah
untill she came to be sixteene yeares of age.
Item
the rest of his Estate he gave to and amongst his children
to be equally divided betweene them. Evidence to the above
Will Richard Copeley Rebekah Copley
*A cattail bed
was stuffed with the fluffed heads of cattail plants; a
flock bed was stuffed with bits and pieces of rags and scrap
cloth.
Att a Court held for Richmond County ye
fourth day of June 1712 presented to the Court by Jeremiah
Bronaugh and proved by Richard Copley and Rebekah his wife,
who upon oath declare that the words or the same in effect
in the aforesaid will or writing expressed were declared and
publiquely spoken by the said William Burges in their
presence and hearing the 23d day of Aprill 1712, and that he
was att the same time of perfect mind and memory, to the
best of their judgments whereupon on the motion of the said
Jeremiah Bronaugh it is ordered to be recorded and
administration with ye said will annexed granted him on the
said estate Test. Jn° Tayloe Dll (?)
THE
INVENTORY OF WILLIAM BURGES (Richmond Co. Will Book
#3, p. 105-106) To cow and calfe 500 To a cow and calfe and
one brown cow To 2 steers and a heefer. To 1 steer To a
parcell of hoggs To a parcell of old iron To a small gun and
a old sword To a parcell of old lumber To 2 old woolen
wheeles and & 3 pr wool-cards To a parcell of old pewter To
an old looking-glass To a parcell of books and other things
To 2 iron potts, an earthen pott & fflesh ffork* & ffrying
pan To old chest To 9 hundred nailes [or "a" hundred] To a
parcell of cotton 079 050 100 130 110 020 112 220 100 100
200 550 350 750 1100
James Grant, Henry Golley,
William Proctor Darby Sullivant wh delivered the above & had
the estate in possession sworne before me as also the above
appraisers sworne before me. Allexr Doniphan Recorded
amongst the records of Richmond County the third day of
Septt. 1712 and ordered to be recorded—Test. M. Beckwith
CCur *A flesh fork was a large prong used to lift meat from
a pot.
EDWARD BURGE(SS) (1699?-1759)
of King George County, Virginia 2d. Edward (I).
Born between 1691-1712, but probably about 1699; his place
of birth is unknown. He is believed to have married
Margaret Fewell about 1721 (see below). Edward
Burgess is mentioned in William Burges's will (Richmond Co.
Will Book #3, page 89, dated 23 Apr. 1712 O.S., proved 4
June 1712 O.S.), which put him under the guardianship of
a prominent planter, Jeremiah Bronaugh Sr. He purchased
a 100-acre farm in King George Co. from John Seamans of
Farnham Parish, Richmond Co. on 1 Apr. 1731 O.S. (King
George Co. Deed Book #1-A, p. 126-129).
This deed
directly follows one cosigned by Jeremiah Bronaugh Sr. (p.
121-125), his former guardian, the deeds and bonds having
been executed on the same days, in the same legal style, and
recorded by the same hand (a different hand than preceding
entries) consecutively in the Deed Book (although the
recording dates are a month apart). Edward's land is
described as having straddled the King George/Stafford Co.
boundary line, which then followed the watershed "ridge"
line between the two rivers, an unsurveyed region which in
places widened to a quarter mile or more. At the right edge
of his farm is the "Rowling" or Rolling Road (used to roll
tobacco to the river), which may be what later became
Virginia State Route 3, or one of the connecting county
roads which run off it to the south; later descriptions
place the location of the farm two miles northwest of the
present courthouse. Neighbors mentioned in the deed include:
Benjamin Stribling, Henry Berry, Maj. John Fitzhugh, and
"the late" William Bunbury.
Payment is noted as five
shillings, bonded by six thousand pounds of tobacco.
Edward's land was originally part of a 375-acre parcel
granted by Lord Fairfax, Proprietor of the Northern Neck, to
Sim (or Simon or Lem) Cox on 7 Mar. 1694/95 O.S. in Stafford
and Richmond Cos., adjoining George King, Henry Berrie
(Berry), Hale's Cart Path (i.e., the Rowling Road), Owmen
Creek (now Kays Run), James Key Jr., [no first name given]
Owen, Lewis Griffin, Bunburry's Corner, on the so-called
Machotak Dams (or Upper Machodoc Creek); the grant was
witnessed by Thos. Catlett, William Strother, and Joseph
Berry (Northern Neck Grant Book #2, p. 128). Sim or Lem Cox
(his name appears both ways) later sold the land off
piecemeal, the 100-acre section which became Edward's farm
going originally to John Seamans's father.
The
Burgess land was peculiarly shaped, its top part looking
like the cut-off half of a hexagon, with the bottom section
coming to two very sharp points, as if perched on a single
stilt, with one projection to the left. His land falls in an
area on Route 3 near Arnolds Corner (the junction of Route 3
with County Route 208), about two miles southwest of the
present-day courthouse at King George village, and just a
few miles northeast of the Bronaugh plantation on Lambs
Creek.
Edward witnessed the will of Robert Strother
in King George Co. on 14 May 1735 (Will Book #A-1, p.
114-115), but is not mentioned in King George County records
again. Commissioners were appointed by King George and
Stafford Co. in the early 1750s to adjudicate the often
confusing, meandering boundary line between the two
elongated county jurisdictions; one result of this
realignment appears to have been the placement of Edward's
land, for tax and voting purposes, in Stafford Co., perhaps
because Edward's house was located on the north side of the
property.
Voting qualifications were also changed at
about this time to limit voting to those who owned at least
100 acres of land. Edward is listed as voting in the Burgess
Poll (legislators' election) of 1758 in Stafford Co., the
only such record surviving from this period. At this time,
the Stafford Co. courthouse was located on Aquia Creek,
while the King George courthouse was near present-day Port
Conway; the church used by the Burgess family, St. Paul's
Parish (of the Anglican Church, the official,
state-supported religious body both in England and the
colonies), was located eight miles northeast of the Burgess
plot (down what is presently County Route 208 toward the
Potomac River).
Most of the early record books of
Stafford Co. were lost during the Civil War, leaving only a
half dozen deed and will books surviving prior to 1800, plus
an incomplete index to the remaining volumes. The two
counties were reoriented along present-day boundaries on 1
Jan. 1777, once again placing the Burgess property into King
George Co. Edward's will, recorded in Stafford Co. Liber #O
(p. 359, dated 9 Jan. 1759, probated 8 May 1759), mentions
his wife and four youngest children as legatees, naming as
executors his wife and sons Garner and William;
his wife is to live on his land until her death, which is
then to be sold and distributed equally among his heirs.
The will is recorded under the name "Burge," but the
later inventory record (p. 366-367, dated 12 June 1759)
gives his name as "Burgess." This curious spelling variation
also occurs in 1725, when a Margaret "Burge" is mentioned in
the accounting of Henry Fewell's estate, again in Prince
William Co. in 1785 with Edward Burgess Jr., in 1787 with
the personal property tax record of Lunsford Burges in King
George Co., with Lunsford’s two possible orphans in
Spotsylvania Co. in 1792, and with two records (11 Sept.
1744 and 31 July 1747) in the Edward Dixon merchant
accounts.
Edward's wife
Margaret is believed to have been a daughter of Henry Fewell
and Sarah Whiteman (who was the sister of John Whiteman),
and the granddaughter of Stephen and Katherine Fewell. A Margaret "Burge" is mentioned in King George Co.
Inventory Book #1 (p. 47) on 7 May 1725 O.S. as a co-legatee
with her sister, Frances Smith, in the accounting of Henry
Fewell's estate; at this time, there is no other known
Burge(s) family living within fifteen miles of the immediate
area.
Stephen Fewell, Henry's father, was probably
born in London in 1653 (christened on 7 Nov. 1653 O.S. at
St. Olave's Parish, Southwark), the son of William Fewell,
was transported to the colonies in 1674, and witnessed the
will of John Waight in Old Rappahannock Co., VA on 3 Mar.
1679 (Will Book #2, p. 151, mentioned as then being 26 years
of age).
Fewell bought fifty-eight acres of land in
Richmond (later King George) Co., VA on 20 Feb. 1692/93
O.S., bounded by Hugh Williams, John Owens, and James Lamb,
believed to be within a mile of Bronaugh's land, near the
intersection of Lambs Creek and the Rowling Road (see King
George Co. Deed Book #5, p. 5); the only known Fewells in
this part of Virginia all appear to be his descendants.
Although the connection of Margaret "Burge" with Edward
Burges is not certain, it is the most probable
interpretation of the known facts. Margaret Burges is listed
in surviving land tax lists of Stafford Co. in 1768, 1773,
and 1776 as the owner of 100 acres.
She probably
died between 1776-80, and certainly by 1783, when a second
inventory of Edward's estate is recorded in the index book
for Stafford Co. Liber #N (p. 535; the volume itself failed
to survive the burning of the county courthouse during the
Civil War).
One or more of Edward’s sons probably
lived on the Burgess land after Margaret’s death; Moses
Burgess’s eldest son, Lunsford Burges, is listed on the King
George Co. personal property tax rolls from 1785-88, when he
presumably died or moved away. Thereafter, the King George
Co. land tax lists designate the land as belonging to the
"Burgess heirs." By the time the Burgess land was sold on 10
Oct. 1797 (King George Co. Deed Book #8, p. 145-147),
Edward's executors were all dead; therefore, the deed had to
be executed by the legal representatives of the deceased
executors.
Garner Burges's
two executors, his oldest son, Edward Burgess of Culpeper
Co., VA, and his oldest son-in-law, Matthew Neale of
Fauquier Co., VA, represented his portion of the
estate. William Burges had died intestate, so his
representative could be any heir male; his youngest son,
Edward Burgess (called "Jr." on the deed to distinguish him
from his older cousin) of Bourbon Co., KY, signed on
William's behalf.
The importance of this deed cannot
be understated: it proves beyond any reasonable doubt
that Garner Burges of Fauquier Co.
is Edward's son, that Edward Burgess of Culpeper (later
Rappahannock Co.), VA is Garner's son, that Matthew Neale is
Garner's son-in-law; and that the Edward Burgess of Bourbon
Co., KY, who later settled in Scott Co., KY, is a direct
descendant in the male line of William Burges of Stafford
Co., VA, thereby cementing all later relationships in these
branches.
The Burgess farm was acquired
on 10 Oct. 1797 by Humphrey Steward or Stewart (Deed Book
#8, p. 145-147), merged with his adjoining 240-acre lot, and
then sold on 26 May 1810 to Dr. William Wishart (Deed Book
#9, p. 394, which mentions an earlier, unrecorded deed of 1
Apr. 1806 witnessed by Charles E. Bennett). In the later
sale of Wishart's estate by his son-in-law, Lawrence
Taliaferro (see Deed Book #15, p. 189), two separate parcels
are named, of which "Pudding Hill" seems likeliest to have
been the Burgess property (this name is not mentioned
again), the other being called "Stewarts."
The
Wishart lands were acquired by John Arnold on 10 Jan. 1838,
but to this day the hills behind Comorn, Virginia, are still
called "Wisharts." Until recent years, this area consisted
of undeveloped and heavily wooded rolling hills, with
occasional farm houses or single-family dwellings, probably
very similar in appearance to what it was when the Burgesses
owned it 260 ears ago; but now many of the trees are being
cut to build housing tracts, as the population pushes south
from Washington, DC, and former Burgess land is covered by
modern dwellings.
John French is mentioned as a voter
in the Stafford Co. election of 1758, and Margaret may be
mentioned in the will of Henry Bussy in Stafford Co. on 16
Apr. 1764 (a will which is witnessed by Edward Burgess Jr.).
By 1760 the Frenches had moved to Loudoun Co., VA, when John
French is listed on the tax rolls; John bought 180 acres in
Fauquier Co., VA in 1768 from William and Martha Pearle
(Deed Book #3, p. 338-39), and is listed there on the tax
rolls from 1782. By inference she is living in 1783, but
died before her husband (1806). 3f. William (II). Born about
1732 in King George Co., VA. See below for full entry. 3g.
Mary (II). Born 3 Nov. 1736 O.S. in King George Co., VA (St.
Paul's Parish Register), listed as the daughter of Richard
Burges (no mother given). The handwritten version of the
Register shows curious gaps in the listings.
Many
mothers' names are missing from the birth records, but few
fathers' names; and many marriage records lack the maiden
names (but not the given names) of the brides. This can only
be explained if the records were transcribed sometime after
the events took place, with the minister filling in details
from his memory and from jotted notes. Perhaps this is why
Mary's father is recorded as Richard (this is the first
Burgess name in the book, probably not long after the family
joined the church; an abbreviated Rich.d and Edw.d would
look very much alike if scrawled); or it may be that there
were simply two unrelated persons of the name. There is no
other record of a Richard Burges in this part of Virginia
during this time.
Mary is mentioned as unmarried in
her father's will on 9 Jan. 1759. She married Nathan(iel)
Skipweth White on 15 Apr. 1759 in Stafford Co., VA (St.
Paul's Parish Register), and had one child: Roderick (born 3
Oct. 1760 in Stafford Co. [St. Paul's Parish Register],
married Mary ___, had two children: Elizabeth Grant "Betsy"
and Mary Pannel "Polly," and died in late 1790 in
Spotsylvania Co., VA [Will Book #E, p. 1012-1014, dated 23
Sept. 1790, probated 7 Dec. 1790]). Nathan S. White was a
clock and watch maker. He is mentioned as receiving a £100
bond from George Long on 7 July 1761 (Spotsylvania Co. Will
Book #B, p. 535, dated 3 Aug. 1761) pending resolution of a
lawsuit, as witnessing a bond between William Elliott of
Prince William Co. and Thomas Chilton of Westmoreland Co.
(Fauquier Co. Deed Book #2, p. 164-165, dated 25 June 1764),
as being owed money by the estate of Nimrod Ashby (Fauquier
Co. Will Book #1, p. 243; Ashby died in 1764, the estate was
probated 20 Apr. 1774). Mary White died by 21 July 1763,
when her husband is mentioned with a new wife, Sharlotte
(Prince William Co. Deed Book #Q, p. 5-6). 3h. Edward (II).
Born 27 Nov. 1739 O.S. in King George Co., VA. See
below for full entry. 3i. Moses (I). Born 2 Dec. 1742 O.S.
in King George Co., VA. See below for full entry. 3j. Reuben
(I). Born 12 Feb. 1744/45 O.S. in King George Co., VA. See
below for full entry.
THE INVENTORY OF EDWARD
BURGESS (Stafford County Liber #O, p. 366-367) An Inventory
of the estate Mr Edw.d Burgess Deced. [many abbreviations,
some unclear; do=ditto] [values in Virginia pounds (£),
shillings (/), and pence (d), in that order] We the
subscribers being by order of court dated May Court 1759
appointed appraisers of the estate of Edward Burgess decead
& being foresworn have in obediance to the sd order
appraised ye sd estate according to the above inventory
witness our hands this 12th of June 1759—
Tho.s
Bunbury Jn.r, Howson Hooe, Harris Hooe. At a court held for
Stafford County 10th July 1759 This inventory & appraisment
of the estate of Edwd Burgess being returned & sworn to by
the administrators is admitted to record— Test Henry Tyler
CSC *NOTE: A steelyard (styliard) is a type of scale with a
short arm to hold the object being weighed, and a long,
calibrated arm along which a smaller weight is moved until
it balances; a piggin is a small wooden pail with one stave
extending upward as a handle; sometimes used to refer to a
copper kettle; "flag chairs" used leaves from "flag(g)s" (an
aquatic plant with long, broad leaves) as stuffing for chair
seats.
THE SECOND INVENTORY OF EDWARD BURGESS
(Stafford County Liber #N, p. 535+) (Copied from an
attachment to the lawsuit of Roderick White) Inventory &
sale of the estate of Edward Burgess Decd. [many
abbreviations, some unclear; do=ditto; Dr.=debtor] [values
in Virginia pounds (£), shillings (/), and pence (d), in
that order] Garner Burges Ex.r to Edw.d Burge’s Estate [in
different hand:] Should be £405.8.10 Stafford Sct.
May Court 1783 The above inventory & account of sales of
Edw.d Burges Est. Estate [sic] being then return’d to Court
by Garner Burges, was order’d to be recorded. Attest: H.
Tyler CSC Copy test: H. Tyler CSC The Purchase of the
Original Burgess Land (King George Co. Deed Book #1-A, p.
126-129) This indenture made the first Day of April in the
year of our Lord Christ one Thousand seven Hundred & Thirty
one between John Seamans of the parish of Farnham in the
county Richmond Planter of the one part and Edward Burges of
the Parish of Hanover in the county of King George Planter
of the other part Witnesseth that the sd John Seamans for &
in consideration of the sum of five shillings to him in
hand paid by the sd the Receipt whereof he doth hereby
acknowledge hath bargained & sold & by these Presents doth
bargain & Sell unto the sd Edward Burges one Hundred acres
of Land Lying on the main Ridge between the Rivers of
Rappahanock & Pertomack part in King George & part in
Stafford County & Bounded as followeth (viz.)
Begining in Hanover Parish in King George County at a Locust
Post standing in the Line of the Land of Benjamin Sribling
[sic] & Runing N81 E69 poles to a Red Oak Corner tree of
Henry Berryes land Then S68 E73 poles along the sd Berryes
Line to an old Red Oak Corner tree of the Land of Majr John
Fitzhughs then along the sd Fitzhughs line N20 E118 poles to
a Red Oak standing by the Rowling Road, then N26½ W47 poles
to a small Black Oak sapling standing in the Line of the
Land formerly belong to Mr. William Bunbury, then along then
sd Bunbury's Line West 90½ poles S26 W144 poles to the
Beginning, which sd Land above bounded is part of a Tract of
Land formerly granted to Mr. Sim Cox by Patent from the
Proprietors of the Northern Neck of Virginia Bareing Date
the first Day of March in the year of our Lord one Thousand
six Hundred & ninty four or five and sold by the sd Sim Cox
to Joseph Seamans of Lancaster County as by Deed Bearing
Date the Twentieth Sixth of October in the year of our Lord
one Thousand seven Hundred & Nine, Doth appear & after
demised to the above sd John Seamans by the Last will &
Testament of the aforesd Joseph Seamans Father to the sd
John Seamans Bearing Date the Twentieth Day of November one
Thousand seven Hundred & Twenty nine
Recourse being
had to the Records above Mentioned may more fully appear and
the Reversion & Reversions Remander & Remanders & other
Rents & Prophits of the Premises of every Part & Paid
thereof to have and to hold the said one Hundred Acres of
Land above Bounded & all & singular other the premises
intended to be hereby granted with the appertenences unto
the said Edward Burges his Exers & assigns from the Day
before the Date hereof for Dureing the term of one whole
year from thence Next ensuing & fully to be Compleated &
ended yeilding and paying therefore the yearly Rent of one
year of Indian Corn at the feast of St Michael the arch
Angel only if the same be Demanded to the Intent that by
Virtue of these Presents & of the statute for Transfering
Uses into Possessions the sd Edward Burges May be in actual
Possession of the Premises & be Enabled to accept of a grant
of the Reversion and Inheritance thereof to him & his Heirs
for ever. In testimony of which the Parties of these
presents their hand & seals Interchangably have sett &
affixed the Date above Written.
Signed, Sealed &
Delivered in the Presence of us, Thos Catlett Wm Strother
Jos Berry CC Following the above lease is an almost
identical "release" dated 2 Apr. 1731 in which Edward Burges
pays John Seamans "six thousand pounds of good sound
merchantable tobacco in cask" to obtain final title to the
land. Elizabeth Seamans is examined and relinquishes her
rite of dower and shares.
The Sale of the Original
Burgess Land (King George Co. Deed Book #8, p. 145-147) This
indenture made this tenth day of october in the year of our
Lord one thousand seven hundred & ninety seven Betwen
Matthew Neale of Fauqr County, Edward Burgess of Culpeper
County, Exors. of Garner Burgess late of Fauqr. County &
Edward Burgess of the County of Bourboun in the state of
Kentucky of the one part & Humphrey Steward of the County of
King George of the other part, witnesseth that the sd
Matthew Neale, Edward Burgess, Edward Burgess Jr. for & in
consideration of the sum of fifty five pounds to them in
hand paid by the said Humphrey Steward, the receipt whereof
they do hereby Acknowledge, hath granted bargained & sold
aliend & Confirmed and doth by these presents grant bargain
& sell alien & confirm unto the said Humphrey Steward & his
heirs all that tract or dividend of land formerly belonging
to Edward Burgess containing one hundred Acres lying & being
in the County of King George & bound as followeth Begining
at a locust post standing in the line of the [land] of Benja
Stripling & runs N81 E69 poles to a red oak Corner tree of
Henry Berrys land then S68 E73 pole along the said Berrys
line to an old red oak corner tree to the land of Majr. John
Fitzhugh then along the Fitzhughs line N20 E118 poles to red
corner oak tree standing by the Rowling road, then N26½ W47
poles to a small black oak saplin standing in the line of
the land formerly belong to Mr William Bunbury, then along
the said Bunburys line W90½ poles S26 W144 poles
to
the begining with said land above bounded is part of a tract
of Land formerly granted to Sim Cox by Patent from the
proprietors of the Northern neck of Virginia dated the first
day of March 1694/5 & sold by the sd Sim Cox to Jos Seamans
of Lancaster County by Deeds bearing date the twenty sixth
of october 1709 doth appear and after demised to the above
said John Seamans by the last will and testament of Jos
Seamans Father of the aforesaid John Seamans bearing date of
20th day of November 1729—& since devised to be sold to
Edward Burgess who purchased of John Seamans for the
benefit of his children To have and to hold all & singular
the premises with the appurtenances unto the said Humphrey
Steward & his heirs & assigns forever together with all
houses buildings ways, woods, weaters [sic], hereditaments &
appurtenances to the same belonging & the reversion,
Remainders, Rents, issues, profits thereof & all the estate
right title Interest claim & demand of them the sd Matthew
Neale & Edward Burgess Exrs of Garner Burgess who was the
Exors of Edward Burgess aforesd &
Edward Burgess Junr
aforesaid & the said Matthew Neale, Edward Burgess Senr &
Edward Burgess Jr for themselves and their heirs doth
covenant & grant to and with the said Humphrey Steward &
assigns that he and they shall & may at all times hereafter
pesably & quietly have hold & possess the premises without
the hindrance or molestation of the said Matthew Neale,
Edward Burgess, and Edward Burgess Jr. or either of their
heirs or any other person claiming under them & that freed &
discharged from all incumbrances & further that the said
Matthew Neale, Edward Burgess, and Edward Burges Jr shall &
will at any time hereafter upon the request & at the cost
and charges of the said Humphrey Steward his heirs &
assigns—make and execute all such further and other
reasonable acts and conveyances for the better & more
perfect conveying & assureing the sd land & premises with
the appurtenances thereunto belonging unto the said Humphrey
Steward his heirs & assigns as by him or them or by his or
their councel learned in the law shall be advised or
required..
And, lastly, that the said Matthew Neale
Edward Burgess & Edward Burgess Jr & their heirs the
foregoing bargained and sold land and premises unto the said
Humphrey Steward his heirs & assigns from the claim & demand
of the said Matthew Neale, Edward Burgess, Edward Burgess Jr
& their heirs and from the claim & demand of every other
person shall & will warrant & forever defend by these
presents In Witness whereof the said Matthew Neale, Edward
Burgess & Edward Burgess Jr hath hereuntil set their hnds
and seals the day and year first mentioned. W. Hooe
Nathaniel Hooe (witnesses) THE DISPUTE OVER EDWARD BURGESS’S
ESTATE Two different suits were filed over the division of
Edward Burgess’s estate by his descendants. Neither was
discovered until the mid-1990s during a survey of the
records of the Fauquier County Courthouse in Virginia.
Garner Burgess is named as the defendant in both. The first
case, Joseph Readish [sic] and wife vs. Garner Burges (case
#1783-004), was apparently filed originally in 1767, and
lingered on until about 1770. The suit was revived in 1783,
and then dismissed later that year, after the plaintiff
settled with the defendant.
The second suit (case
#1789-018) was filed by Roderick White, son of Mary White,
Edward Burgess’s youngest daughter. This action actually
went to court, where White won his case and received costs,
payment of the disputed legacy, and interest. Both documents
include official copies of Edward Burgess’s will; the second
case also provides a copy of the original inventory of
Edward’s estate, plus the a copy of the missing second
inventory and sales record of the estate, as taken from
Stafford Co. Liber #N, which was carried off during the
Civil War. The suits are important for delineating the
entire list of Edward’s ten children, and for showing that
his widow died sooner than originally thought. The second
inventory is undated, although it was filed in Stafford Co.
in 1783, evidentally in response to White lawsuit. It
indicates that the Burgess land was bought by the Edward’s
second executor, William Burgess, and apparently reverted to
Edward’s estate after William’s early death. The essential
documents are transcribed below.
JOSEPH READISH VS.
GARNER BURGESS (Undated; the omissions reflect the original
document) To the worshipfull the justices of Fauquier County
in Chancery now sitting Humbly complaining sheweth unto your
worships your orator & oratrix Joseph Readish & ___ his wife
that Edward Burges your oratrixes father being seised &
possessed of a considerable real & personal estate made his
last will & testament in writing whereby he devised the use
of same to his wife Margeret Burges your oratrixes Mother
during her life & after her decease to be sole & equally
divided among your oratrix and all his other children &
appointed Gardner Burges & William Burges the Deft.s herein
named Executors thereto as by the same duely proved &
recorded in the County Court of Stafford relation thereunto
being had & to which your Orator & Oratrix refer it will
more fully appear that the appraisement of the slaves &
chattels amounted to ___ as by the inventory thereof
returned & recorded among the records of the sd. County of
Stafford & to which your Orator and Oratrix refer it will
appear that about the ___ day of ___ in the year of our Lord
___ the said Margeret departed this life upon which the said
Def.ts ought to have sold the said lands slaves & other
estate and made distribution of the money arising therefrom
among your orator & oratrix & the other children to wit ___
but now so it is may it please your worships that the said
Defts having possessed themselves of the whole estate and
made sale thereof combining together & to & with certain
persons to your orator & oratrix unknown whose names when
discovered they may be inserted with apt words to charge
them do refuse to make
distribution of the money
arising therefrom among your orator & oratrix & their other
brothers & sisters according to the said Edwards will
pretending sometimes that they may not have sold the said
estate at other times that if they have they have not
received in the money whereas your orator & oratrix do
expressly charge that the said Defts have sold the land and
great part of the other estate & might or ought to have
received in the money or great part of it long ago in tender
consideration whereof & in as much as your orator & oratrix
are remideless [sic] in the premisses by the strict rules of
common law & only & properly relievable before your worships
in a Court of Equity & to the end that the said Def.ts may
upon their corporal oaths true full & perfect answer make to
sall & singular the sd remisses as fully as if again
repeated & interrogated but more especially that the s.d
Def.ts may set forth & declare what estate the s.d Edward
Burges died possessed of did he not make his will in manner
set forth have they not sold the same or what thereof have
they sold to whom & for recept— how many children did the
said Edward have that were living at the death of the said
Margeret is not your oratrix one of them & is she not
intermarried to your orator & that your orator & oratrix may
have a decree for their proportional part of what has
already been sold and that the residue may be disposed of
imediately [sic] & your orator & oratrix relieved in all &
singular the premisses according to equity & good conscience
may it please your worships to grant your orator & oratrix
his Majesties most gracious Writ of sub pana &c & they in
duty bound shall pray &c— Bull Att. For the Complaints
THE ANSWER OF GARNER BURGESS TO JOSEPH READISH (the
omissions reflect the original document) The answer of
Garner Burgess to the Bill of Complaint exhibited against
him by Joseph Readish and ___ his wife complainants This
Defendant saving to himself all benefit and advantage from
the many uncertainties and insufficiencies in the said Bill
for answer thereto or to so much thereof as he is advised is
material for him to answer, answers & says that true it is
that Edward Burgess did make such last Will & Testament as
in mentioned in the Complainants Bill, and thereby did
bequeath &
devise the use of all his Estate to his
wife Margaret Burgess for her life and after her decease
directed that the same (except one bed and furniture and one
cow and calf which he gave to his daughter Mary and also
except eight pounds apiece to each of his sons Edward Moses
and Reuben) should be sold and equally divided among all his
children, that the said Margaret Burgess lived some years
after and died about the time for that purpose mentioned in
the said Bill. This Defendant further says that his fathers
personal estate at the time of his death amounted to three
hundred and fifteen pounds three shillings and six pence as
by an Inventory & Appraisement made and recorded in the
Court of Stafford County to which the Defendant refers and
prays that it may be taken as part of his answer may appear,
and that he left ___ children, eight of whom were living at
the death of their mother afs.d and of whom the compainant
is one. This Defendant further answers and says that as soon
as could be conveniently done after the death of his mother
afs.d he disposed of all the personal estate of the said
Edward his father which came to his hands for as much as
could be got for the
same that the sales thereof
amounted to three hundred and two pounds nineteen shillings
and five pence and halfpenny inclusive of about ___ pounds
of tobacco which sold for ___ by the accompts [sic] of sales
to which he refers may appear. He further says that the said
Edward Burgess died seized of one hundred acres of land
which after his mothers death this Defendant set up for sale
agreeable to the will afs.d, but as no person would bid for
it to near its value he thought it most advisable and for
the benefit of all persons concerned that the same should
not be sold but rented out which the Defendant has done for
the yearly rent of six pounds.
This Defendant
further says that some years ago the complainants brought
their suit against him in this worshipful Court for their
proportional part of the said Edward Burgess’s Estate and
upon this Defendants paying them thirty pounds they
dismissed the same. He further says that over and above the
said thirty pounds he has at sundry times paid to the
complainants to the amount of twenty three pounds sixteen
shillings and eleven pence as by accompts between the
Defendants and the complainants to which the Defendant
refers and prays they may be made a part of his answer may
appear so that this Defendant conceives he has fully if not
over paid the said complainants for their proportional share
of the said
Edward Burgess’s estate. Wherefore he
prays to be hence dismissed with his reasonable costs in
this behalf most unrighteously sustained and he denies all
combination without that that &c &c Fauq.r to wit Sworn to
before me by Garner Burgess the 23.d October 1770 Thom
Marshal An undated security bond was provided to Garner
Burges by Benj. Neale. The earliest dated document in the
file is a writ of summons dated 2 October 1767, as issued by
the Court of Chancery of Fauquier Co. against Garner
Burgess, on behalf of Edward Burgess (Jr.?) and Joseph
Readish & ___ his wife; this is the first of several such
documents. There is also a note from Joseph Reddish [sic]
dated 15 May 1783 asking the court to dismiss his suit
against Garner Burgess, who has agreed to pay the cost of
same. Also copied from the Stafford County records was the
will of Edward Burgess. The documents suggest that Margaret
Burgess died between 1767-1770, or perhaps by 1767 (her
death may have prompted the suit); however, this directly
contradicts the Quit Rent Rolls for Stafford Co., which show
her as owner of the Burgess land in 1768, 1773, and 1776
(there is a gap in the records after this until 1782).
RODERICK WHITE VS. GARNER BURGESS (Undated; the omissions
reflect the
original document) To the worshipful
Court of Fauquier County in Chancery. Humbly sheweth unto
your worships your orator Roderick White, only child of
Nathaniel White & Mary his wife both dec.d, that Edward
Burge late of Stafford County dec.d on the ninth day of
January in the year of our Lord one thousand seven hundred &
fifty nine made his last will & testament in writing duly
proved & recorded in the s.d Court of Stafford to which your
orator begs leave to refer & that it may be taken as part of
this bill, and by the same did give & bequeath until his
wife Margaret Burge the whole of his estate during her life
& after her death did give & bequeath to his daughter Mary
Burge your orators mother one feather bed & furniture & one
cow & calf, and to his sons Edward Moses & Reuben eight
pounds each, and directed that after his wifes death his
land, negroes, goods & chattels should be sold & equally
divided
among all his children and died soon after
leaving his wife afs.d & ten children, viz.: Gardener,
William, Edward, Moses, Reuben, Sarah wife of Joseph
Reddish, Nanny wife of Joseph Rodgers, Peggy wife of John
French, Lettice wife of John English, & the s.d Mary, who
intermarried with Nathaniel White & mother of your orator;
and afs.d will appointed his sons the s.d Gardener & William
Executors, and died soon after seized & possessed of a
pretty considerable estate real & personal. Your orator
further shews that the s.d Margaret after the death of her
s.d husband possessed herself of the estate & lived till
about the year 17__ & that your orators mother Mary died in
her lifetime, about the year 17__ leaving your orator an
infant of very tender years & no other child that he is but
lately arrived to age, that after the death of the s.d
Margaret, the s.d Gardener Burge (who your orator prays may
be made a Defendant to this bill) qualified as an Exor [sic]
and sold the estate agreeable to the will afs.d the sales of
which amounted to four hundred & five pounds eight shillings
& ten pence as by an Inventory & Account of sales hereto
annexed may appear, and that the s.d William the other Exor
is
since dead. Your orator further shews that the
specifick [sic] Legacies afs.d of the feather bed &
furniture & the cow & calf never were delivered to his
mother or to any person for her use or any kind of
satisfaction made for the same either to her or her
representatives, nor has the Dividend or one tenth part of
the amount of sales of the [es]tate or any part thereof been
paid to her or to any person re[p]resenting her, which ought
to have [been] done agreeable to the will afs.d, and [__]
your orators father is also dead having never received any
part of the Legacies or Dividend afs.d, and your orator well
hoped that the s.d Defendant Gardener Burge would have
delivered him the specifick Legacies afs.d or the value
thereof with interest since the time they were due, & also
accounted with him for this mother’s Share or Dividend of
the amount [of] Sales afs.d Estate & has applied to him for
that purpose but now so it is may it please your worships
that the s.d Defendant utterly refuses so to do,
pretending that as your orators mother died before the s.d
Margaret her mother, the s.d Legacies & Dividend wer [sic]
lost & your orator not entitled thereto, all which actings
of the s.d Defend.t are contrary to Equity & tend to the
injury & oppression of your orator. In consideration whereof
& as he is remediless unless in this Court to the end
therefore that the s.d Gardener Burge may true & perfect
answer make to all & singular the premisses as fully as if
the same were here again repeated & interrogated, and that
by a Decree of this Court the s.d Defendant may be compelled
to satisfy your orator the value of the s.d specified
Legacies & also account with him for his mothers Share or
Dividend or one tenth part of the said estate with interest
since the same ought to have been paid, and that your orator
may have such other relief in the premisses as is agreeable
to Equity & good conscience. May it please to grant subpana
to the Def.t directed & commanding &c. Buchanan att. Compl.t
THE ANSWER OF GARNER BURGESS TO RODERICK WHITE (Undated; the
omissions reflect the original
document) The answer
in Chancery of Garner Burges Defend.t to the bill of
complaint of Roderick White Comp.t This Defendant now and at
all times saving and reserving to himself all and every
exception to the manyfold [sic] errors untruths and
imperfections in the complainants bill contained for answer
thereunto as so much thereof as he is advised is material
for him to answer unto he answereth and saith that he admits
the death of Edward Burgess as set forth in the compts bill
he also admits that he made his last Will and Testament
which has been duly proved and resided [?] in the Court of
Stafford County and to which this Defdt refers and prays
that the same may be taken as part of this his answer. He
admits that Mary White one of the daughters of and devisees
of the said Edward Burges intermarried with Nathan Skipwith
White father of the complainant who are both dead, & that
the complainant is their only child. He saitah that upon the
2.d day of June 1759 the feather bed and furniture cow and
calf specifically devised to the said Mary in the said Will
were by Margaret the
devisee in possession delivered
to the said Nathan Skipwith White, during the life of his
wife Mary, as by his receit and acquitance for the same, of
the same date, hereton annexed, it will appear that as to
the residue devised to be sold after the death of the said
Margaret & divided among all the children of the said Edward
this Defendant is advised that the complainant is intitled
[sic] to no part thereof as his mother the said Mary died
before the said Margaret.
This Defedt admits that
after the death of his said mother he with the said William
qualified as Executors to the said will and sold the slaves
and personal estate as also the land of which the said
testator died seized that the said William purchased the
land himself but being an Executor retained the money in his
own hands and whether he has accounted for any part thereof
with the Comp.t this Defd.t cannot say but apprehends this
Defd.t is not
laible for his transactions. That the
land sold for ___. That this Defdt returned an account of
the sales of the slaves and personal estate of the said
Edward, that came to his and the said Williams hands after
the death of the said Margaret, amounting with the sale of
the land to the sum of ___, to which account settled with
the Court of Stafford he refers and pray that the same may
be taken as part of his answer. He admits that he never paid
any part of the money arising from the said sales to the
complainant or his father or mother. This Defendant denies
all combination without that & prays to be hence dismissed
with his costs in this behalf wrongfully sustained &c Garner
Burges Fauq.r County to wit Garner Burges came personally
before me and made oath that the several matters and things
herein set forth of his own knowledge are true & those set
forth from information he believes are true given under my
hand this 26.th day of September 1786. Hug.h Turner The
earliest document in the packet is a writ of summons upon
Gardener Burge dated 9 Sept. 1784, in which he is termed the
“surviving executor” of Edward Burge. Also attached is a
receipt from Nathan White, as follows: June ye 2d /59
Stafford County Be it known to all men that I Nathan
Skipwith White of ye County of Spotsilvaney [sic] husband of
mary Birgis daughter of Edward Birges Dciest [sic] have
reivd [sic] at ye hand of Margt Bures [sic] widdow of ye
sade [sic] Edward Birges one fether [sic] bed and furnature
one kow [sic] and cafe [sic] left to her in ye will of ye
sade Birges and for ye safty [sic] of ye seuretys and for
Janes (?) I have give [sic] from under my hand that ye above
thinges are by me resvd [sic] and that they shall not by me
nor mine ever be demanded agane. Givin [sic] under my hand
ye 2d of June 1759. Nathan Skipwith White Moses Burges
[witness] Also reproduced are copies of documents from
Stafford County:
Edward’s will, his inventory, and
the second inventory and sales, which had not previously
been known (the book in which it was listed, Liber N, was
lost during the Civil War). Of interest is the attorney’s
note scribbled on the bottom of the copy of Edward’s will:
Children besides those within [the will], are Jos. Reddish,
his wife Sarah, Nanny Burge wife of Jos. Rogers, Peggy Burge
wife of John French, Lettice wife of John English, & Mary
White who died before her mother leaving one child, Roderic
White by Nath.l White. Land sold for £113. Three slaves but
no inventory nor acct. of sales returned to Court, but the
lowest price of the Negroes sold was £60. Get certificate of
Garner Burge being Exor. & also cert. that no inventory nor
acc.t sales were returned if that is the case, if any, get a
copy. I am apt to think that the son of M.rs White has a
good right to his mothers share & dividend, & that she had
an interest in such dividend on the death of her father by
way of remainder to take effect on her mothers death. The
bed & cow & calf or the value there can be no doubt of. A.
Buchanan Further down the page: Exors qual[ify] Death of
M[ar]garet Sale of es[tate] Death of Wm. [name partly lost]
& of Nath. W[hi]te & wife Compls o[n]ly child Applied A
judgment was rendered in Roderick White’s favor by the
Fauquier Court in May of 1789, and Garner Burges was
required to pay White the full amount of one-tenth of a
share in Edward Burgess’s estate, plus interest and costs.
Both men died in 1790. THE ELLIS CONNECTION Although the
earliest members of the Burgess family never rose above the
lowest levels of the bourgeoisie, barely qualifying for the
vote with the ownership of 100 acres of land, the third
generation of the family married into a much wealthier and
more influential class of planters and local politicians.
The link that connects these disparate relationships is
Captain Charles Ellis, who died in 1708. Ellis had four
daughters, two of whom, Catherine and Sarah, had offspring
who are known to have been directly connected to the Burgess
family. Catherine Ellis married (as her first husband)
Cossomb Bennett Sr. (who died 1718), by whom she had (among
others) a son, Cossomb Jr. (who died about 1766), who
married Katherine Bunbury in 1743. The latter
couple
had, among seven known children, a daughter, Margaret
Bennett, who married about 1784 (as his second wife) Moses
Burgess, fourth son of Edward Burgess Sr. After her first
husband's early death, Catherine Ellis Bennett remarried
Mason French (who died 1746), and by him had a son, John
French, who married Margaret Burgess, Edward’s daughter, in
1750. Catherine's sister, Sarah, married Anthony Buckner
(who died about 1734), and by him had a son, John Buckner,
and a daughter, Sarah Jr., who married Thomas Price in 1734.
Among the latter couple's children were Elizabeth Price
(born 1741), who was Moses Burgess's first wife; Sarah Price
(born 1743), who married Edward Burgess Jr.; and Anthony
Price (born 1736), who married Elizabeth Stribling, sister
of Margaret Stribling, who married Reuben Burgess. It should
also be noted that Moses Burgess had a son by his first wife
named John Buckner Burgess, after his great-uncle, and a
daughter by his second wife named Catherine Ellis Burgess,
after her great-grandmother.
Thus, four later
children of Edward Burgess Sr. married very close relatives,
who were at least cousins by marriage. Only the two older
sons, Garner and William, who appear to have left the area
entirely, settling on or near Accokeek Creek in what is now
Stafford Co., broke the pattern by marrying into other
families in Overwharton Parish; Mary's husband may or may
not have been related. The connection of the other Burgess
daughters to these families is as yet unknown. More work
remains to be done in cementing these and other family
connections to the earliest known Burgess family, but that
such multiple relationships exist should not be surprising,
given the rural nature of the area, the difficulty of travel
in those days, and the rather sparse population.
The
marital choices available in the ten-mile radius that one
could expect to frequent were necessarily limited; and
similar cousin marriages can be observed in later Burgess
branches that remained for long periods in one small farming
region.
The naming patterns of the time and locale
strongly suggest that most (if not all) family members were
named for relatives and/or close friends (who often served
as godparents), and that if one only knew more about the
close Burgess neighbors and cousins, much would become clear
that is now obscured. Garner Burges Edward Burgess Jr Edward
Burgess Matthew Neale T. Turner, John Seamans
GARNER BURGES (1726-1790) of Fauquier County,
Virginia
3a. Garner (I) [son of Edward (I)]. He
may have been named for his maternal grandmother, or for some other unknown relative on
either side of the family; his surname is consistently
spelled "Burges." Born about 1726 in King George Co., VA.
Married Ann(e) "Nancy" Barbee on 19 Feb.
1750/51 O.S. (Overwharton Parish Register) in Stafford Co.,
VA. Garn Burges had moved to Stafford Co. (probably near
Accokeek Creek) by 21 Feb. 1749/50 O.S., when he witnessed
the will of Charles Hinson (Liber #O, p. 86) and appraised
the estate of William Welch on 12 July 1750 O.S. (Ibid., p.
107); he is mentioned in his father's will (1759), and
inventoried the estate of Thomas Monk on 14 Dec. 1762
(Ibid., p. 432).
By 1 Nov. 1770 Garn Burges had
purchased a 200-acre farm in the Manor of Leeds, Leeds
Parish, western Fauquier Co. (Deed Book #4, p. 370),
adjoining the land of Charles Waller. He is noted on the
1783 Fauquier land tax record as having a twenty-year
mortgage; if he is dropped from the register in 1784 because
the mortgage has been paid, then he moved there about 1763.
On 28 February 1777 he appraised the estate of his
brother-in-law, Thomas Barbee Jr., assisted by his
son-in-law, Matthew Neale, Samuel Luttrel, James Foley, and
C. Duleny (Will Book #1, p. 307-308). He also appeared on
the list of tenants for the Manor in 1777, on the land tax
rollsof Fauquier Co. in 1783, and on the personal property
tax lists from 1782-1790; Anne Burgess continued to be
listed there from 1791-1801.
He died in Fauquier Co.
in the fall of 1790; his will ( Fauquier Co.Will Book 1 / 16
#2, p. 180, dated 19 Apr. 1790, probated 25 Oct. 1790) names
his wife and the nine children given below, in the same
order as listed in his will (except for "Peggy," who appears
fourth on the list).
His original will with signature
attached still survives in the Fauquier County Courthouse.
The settlement
(Will Book #5, p. 63-65) was tendered to the court of
Fauquier Co. by executor Matthew Neale on 22 June 1809, and
approved four days later.
"Nancy" Burges was born about 1731, the
daughter of Thomas Barbee Sr. (he died in Stafford Co. in 1752; his will [
Stafford Co. Liber #O, p. 216, dated 8 Nov. 1748 O.S., probated 10 Mar. 1752 O.S.], mentions
the following children: Sarah O'Connon; Andrew; Thomas Jr. [married Mary Rogers in
Stafford Co. on 1 Feb. 1737 O.S., and died in 1777 in Fauquier Co.]; John; Catherine Withers;
Mary Coalmay; Sylvia Grant; Ann(e); Betty [i.e., Elizabeth?]; and Joseph). Ann "Nancy"
Burges died between June 1801 and 2 June 1802, when she is noted on the Fauquier Co. tax
list as "dc."
The Children of Garner Burges:
4a.
Margaret (II) "Peggy." Born 27 July 1751 O.S. in
Stafford Co., VA (Overwharton Parish Register ). She is listed fourth
(rather than first) on her father's record of children in
his will, perhaps indicating that the Margaret Burgess who
was born in 1751 had died young, and been supplanted with a
second of that name born about 1759/60. She apparently never
married. On 20 June 1804 she deeded her personal property,
including "one Negro girl named Art" and her share of her
brother James Burgess's estate to her sister, Nancy Hitch
(Fauquier Co. Deed Book #15 , p. 615, recorded 23 July 1804,
witnessed by George Page, Frances Hillery, and John Grant),
apparently in return for lifelong sustenance. She may well
be the second older woman living with Nancy Hitch in the
1820-1830 censuses for Fauquier Co. (born in the 1760s), in
which case she may have died there between 1830-1840.
4b.
Mary (III) "Molly." Born 9 Dec. 1753 in Stafford
Co., VA (Overwharton Parish Register). Married Matthew Neale about 1770 (he
was born in 1750, and died in 1824). The Neales moved to
Fauquier Co., possibly at the same time as Garner Burges.
Mentioned in 1802 in the second accounting of her father's
estate, but apparently died between 1810-20 (not listed in
the latter’s 2 / 16 census record). Matthew Neale was an
appraiser (with Garner Burges) of Thomas Barbee Jr.'s estate
in 1777, and one of his father-in-law's two executors. Thus,
he became one of the three co-signers of the 1797 deed of
sale of the original Burgess farm in King George Co.
4c.
Susanna (I). Her name is also written Susannah and
Susana. Born about 1755 in Stafford Co., VA. Although she apparently never
married, Susanna inherited half of her father's estate. In 1802 she deeded her personal
property (including her slave, Wine) and her half interest
in her
father's estate to her brother-in-law, Matthew Neale (
Fauquier Co. Deed Book #15, p. 187, dated 21 May 1802,
recorded 26 July 1802, with witnesses John Neale, Francis
Payne, and
Clement Hitch), evidently for lifelong care. She may be
listed with the Neales in the 1810 census for Fauquier Co., but is not
there in 1820.
4d. Sarah (II). Born
about 1757 in Stafford Co., VA. Married Joel Settle about
1773 (he was
born about 1752, son of Francis Settle), and had at least
the following children: Thornton (born about 1773, died about
1840 in Barren Co., KY); Sarah "Sally" (born about 1775,
married William Pickett in 1807); The Settle family had
lived in King George Co., possibly very close to the Burgess
family, prior to moving to Fauquier Co.; a Verlinda Settle
married Joel Ancrum/Anchorom, a witness to the will of
Edward Burgess Sr., on 12 Sept. 1745 O.S. (St. Paul's Parish
Register ) in Stafford Co. Sarah Settle died between 1800
and 1803, when her husband remarried Elizabeth Pickett. The
Settles then moved to Barren Co., KY, where Joel Settle was
killed by a falling tree in 1807.
4e.
Elizabeth (III). Born
about 1762 in Stafford Co., VA. Married John Austin Jr. on 20 Jan. 1783 in Fauquier Co., VA (bond
date, Garner Burges giving his consent on
18 Jan.), and had children: George
(born about 1784, mentioned as being alive in 1809 in the
accounting of his grandfather's estate).
Elizabeth died between 1784-86;
John Austinremarried to Elizabeth Browning on 23 Oct. 1786
in Fauquier Co., Matthew Neale providing the bond. She
had nine children with John Austin.
4f. Edward
(III) "Edwin." Born about 1764 in Stafford or
Fauquier Co., VA. Married Francis Porter (the odd spelling of her name
was carried down by her descendants) on 29 Nov. 1787 in
Fauquier Co., VA (bond date; the bond is signed by “Edwin”;
she was born about 1765, the daughter of Samuel Porter and Eve
Weaver).
Listed on the 1785 and 1787 tax rolls for
Fauquier Co., and from 1789-98 in Culpeper Co. (the section
that later became Rappahannock Co.). On 26 Apr. 1795 Samuel
Porter gave his son-in-law a 200-acre farm, “Pleasant
Valley,” in Culpeper (later Rappahannock) Co., VA, two miles
northeast of the present-day village of Washington, VA (the
county seat of Rappahannock Co.), encompassing Wolf Mountain
(Culpeper Co. Deed Book #8, p. 194). Edwin had probably
already been living on this estate since 1789, clearing and
developing the raw farmland.
Edwin’s relationship to
his grandfather, Edward Burgess Sr., is proved through his
participation (acting as co-executor of Garner Burges’s
estate) in the 1797 sale of the original Burgess lands in
King George Co. Edwin died between 19 Mar. 1798, when he
last appears on the personal property tax rolls, and 26 Oct.
1798, when his estate is inventoried (Culpeper Co. Will Book
#D , p. 300).
His widow is listed in the census
records for Culpeper Co. from 1810-30, and in Rappahannock
Co. from 1840-50. A Fauquier Co. guardian bond dated 24 Feb.
1806 (Minute Book 1805-06, unpaginated, Jesse Withers listed
as guardian) mentions the six children of Edwin Burgess.
Francis Burgess died on her farm in Sept. or Oct. 1851; her
will (Rappahannock Co. Will Book #C, p. 195-200, inventories
on p. 203, 213, 215, sales on p. 369) was dated May 1847,
with a codicil dated Sept. 1851; it was recorded on 13 Oct.
1851, and probated on 22 Nov. 1851; a settlement deed was
filed by her heirs on 1 Apr. 1853 (Deed Book #1, p.
387-388). Edwin Burgess had the following children:
4g.
John (I). Born about 1767 in Stafford or Fauquier
Co., VA. Married Sarah "Sally" Williams on 13 Sept. 1792 in Fauquier Co., VA
(bond date, John Williams gave his permission; the bond is signed by Hugh Kerrick, his
nephew-in-law, and witnessed by John Burgess's
brothers-in-law, Nathan Hitch and Matthew Neale; Sally was
born about 1772, daughter of John Williams, and was living
in 1843).
Listed with his mother in the Fauquier Co.
tax lists from 1789 until her death in 1802; he mortgaged
his personal property in Culpeper Co. on 20 Aug. 1803 (Deed
Book #Y, p. 208), and moved to Bourbon Co., KY by 1804,
appearing on the tax records there with the same number of
horses as he had in Virginia. In 1809 he moved to the
western part of Harrison Co., KY (the Rutland Precinct, on
Raven's Creek), just over the county line from his first
cousin, Edward Burgess, founder of the Scott Co. Burgess
families. About 1810 he bought goods from the estate of
Thomas Naylor in Harrison County (Will Book #I, p. 79), and
is listed on the personal property tax lists there from
1809-1826, and in the censuses of 1810-20. In 1827 he moved
to Putnam Co., IN with his son, William, and two
sons-in-law, and is listed there in the 1830-40 censuses.
A key
piece of evidence linking the John Burgesses of Fauquier
Co., VA and Harrison Co., KY is his signature on the
marriage bond of 1792 (the original record survives in the
Fauquier Co. Courthouse), and on a note attached to his son
James's marriage license in the Harrison Co. Courthouse,
giving James (who is underaged) permission to marry. They
appear to be the same. The links between the John Burgess of
Harrison Co. and the man of the same name in Putnam Co., IN are equally
persuasive: John and three of his children disappear from Harrison Co. records virtually
simultaneously and reappear almost immediately in Putnam Co. (John Burgess "Seignor" is deeded land
in Putnam Co. on 17 Mar. 1827 by Samuel L. Rodgers [ Deed Book #A, p. 165]).
Other
deeds mention John "and Sarah/Sally his wife," William and
Nancy Burgess (Deed Book #B, p. 271), and (in Deed Book #B,
7 / 16 p. 472, for the same exact plot as the preceding)
John Burges, Junior (the only record in which he is so
referred) and Ellen his wife of the County of Harrison and
State of Kentucky. Although John left no will or probate in
Putnam or Harrison Cos., he made two settlement deeds to his
younger sons (Putnam Co. Deed Book#L, p. 658 [both deeds],
dated 8 Sept. 1843 [to Shelton; witnessed by Dawson] and 28
Oct. 1837[to Dawson]; these were recorded together at the
end of Dec. 1846 or the beginning of Jan. 1847 (no dates are
stated). This undoubtedly indicates that John Burgess Sr.
died near the end of 1846, aged about 79 years.
4h. James
(I). Born about 1769 in Stafford or Fauquier Co.,
VA. He inherited half of his father's farm. Recorded on the
personal property tax lists of Fauquier Co. between 1791-98
living with his mother. James Burgess was a farmer in
Fauquier Co. He died there unmarried in late 1798; his
estate was ordered appraised on 24 Dec. 1798, and
inventoried on 25 Feb. 1799 ( Will Book #3 , p. 326). His
lands and goods were then divided in 1802 as part of the
second accounting of his father's estate.
4i. Anna
(I) "Nancy." Born about 1771 in Fauquier
Co., VA. Unmarried at the time of her father's death, she wed Nathan(iel)
Hitch Sr. on 27 Jan. 1791 in Fauquier Co. (her mother gave
her consent, John Burgess provided the bond [dated 14
Jan.]).
THE WILL OF GARNER BURGES
In the name of God
Amen I Garner Burges of the County of Fauquier & Parish of
Leeds being
mindfull of the uncertainty of life & certainty of death do
make this my last will & testament in manner & form following, after
recommending my soul to Almighty God trusting to the merits
of my Blessed
redeemer Jesus Christ, do dispose of my worldly estate as
follows, Imprimis I give unto my beloved wife Anne
Burges during her life or widowhood all my whole
estate and after her death I give & bequeath unto my
daughter Susanna Burges & James Burges the plantation
whereon I live, likewise one cow & calf & one bed &
furniture to each of them & their heirs forever
Item
I give & bequeath unto my sd daughter Susanna
one Dutch oven & one pewter dish & two plates forever Item I
give & bequeath unto my daughter Peggy Burges one bed &
furniture & one cow & calf & two pewter plates to her & her
heirs forever
Item I give & bequeath unto my son
John [written over a partially erased Edwd] Burges one
bed & furniture & one cow & calf to him & his heirs forever
Item I give & bequeath unto my daughter Nancy Burges
one bed & furniture & one cow & calf & two pewter plates and
one iron skillet to her & her heirs forever Now my will &
desire is that the all rest of my Estate be equally divided
among my children, to wit, Mary Neal,
Susanna Burges, Sarah Settle, Peggy Burges, Edwd Burges, Jno
Burges, James Burges, & Nancy Burges.
Lastly I
recommend constitute and appoint my beloved wife Anne Burges
Executrix and my son Edw.d Burges & Matthew Neal Executors
to this my last Will & Testament revoking all former Will or
Wills by me made In witness whereof I have hereunto set my
hand & seal this nineteenth day of April 1790.
Sealed signed &
acknowledged in presence of— B. Sha c kelford Garner Burges Matthe w Neale At a court held for Fauquier County the
25. day of October 1790 Isaac Arnold
This will was proved
by the oaths of Matthew Neale and Isaac Arnold witnesses
thereto and
ordered to be recorded and on the motion of Ann Burgess,
Edward Burgess and Matthew Neale the executors therein named who made
oath and together with Dickenson Wood and Isaac Arnold their securities entered into
and acknowledged bond in the penalty of one thousand pounds conditioned as the law directs
certificate is granted them for obtaining a probate thereof
in due form.
Test H. Brooke CC Given under our hands this 31 day of
Jan. 1791. B. Shackleford, Henry Clarkson, Aquila Davis, James Foley.
Two Letters from
Francis Burgess to Edward Burgess Jacobs
August 28, 1847.
Dear Edward, I will be glad if you and your family will come
down. I want
something done with the Negroes, as they are here doing
nothing. Come down. I would like to see you, so we could make some
arrangements about it. Garner has never been home since he
went to Goony Camp Meeting. I am very poorly sometimes, and
sometimes better. William, I don't know why you and Betty
Ragan don't come down. All of our relatives are enjoying
good health at
this time, and I hope these few lines will find you all
well. Our loves to you and family and to Mrs. Shumate. Yrs.,
& Frances Burgess.
Pleasant Valley, November 9th,
1847. Dear Edward, We have been anxiously expecting you over for some time in order to complete
(with your assistance) the arrangement of my affairs suggested to you in my last letter, and
hope that you will not disappoint me in coming over, time
enough before you leave for Richmond to attend to it. Some
disposition must be made of the servants, either by hire or
sale, as I find it very unprofitable to keep them. It will
also be to my advantage to sell the stock immediately to
save the expense of wintering them and to yours to attend
the sale, so you must not fail to come. We heard from Ann
the other day, her health and spirits are good, she does not
intend visiting us before next spring. She sends her love to
all relatives and friends. Garner has been absent to Clark
County or Frederick for about fifteen days, and since I
commenced writing the last paragraph has just walked in. My
best love with that of Kitty to yourself and family. Your
affectionate Grandma, Frances Burgess. Goony was on Goony Run in Warren Co.,
Virginia, and named for one of Lord Fairfax's hounds. These letters were preserved in
the family of Edward Burgess Jacobs, and descended to the late Francis Trenary.
