Garrard Co KY - David Finley (1743-1848): Correcting the Record ==================================================================== USGENWEB NOTICE: In keeping with our policy of providing free information on the Internet, data may be used by non-commercial entities, as long as this message remains on all copied material. These electronic pages may NOT be reproduced in any format for profit or for presentation by other persons or organizations. Persons or organizations desiring to use this material for purposes other than stated above must obtain the written consent of the file contributor. This file was contributed for use in the USGenWeb Archives by: Carmen J. Finley finleyc@sonoma.edu http://lib-operations.sonoma.edu/fin/aaa-0041.html ==================================================================== David Finley (1743-1848): Correcting the Record By CARMEN J. FINLEY* [Published by National Genealogical Society Quarterly Vol. 76, No. 2, June 1988, pp. 112-120] Most Finley researchers rely heavily on the pioneer work of Major Albert Finley France,[1](1) and that of Admiral Herald F. Stout,[2](2) who used and expanded the work done by France. Stout's second edition of Clan Finley was published in 1956. In it he states, "Facts, at the chronological distances involved in genealogy, are sometimes controversial."[3](3) Anyone involved in serious research appreciates this, and any work as ambitious as his is bound to encounter problems. In attempting to verify the line of James Finley, the immigrant, identified by Stout as (2-02),[4](4) the writer encountered problems not only in locating some of the cited references but also in verifying parent-child relationships and vital data. Once such discrepancies are found, the process of correcting them involves both disproving what has become established and handed down--in this case, for over forty-five years--and proving the correct relationships and vital data where they exist. The focus of this paper is Stout's David Finley (5-02-114),[5](5) whom he presents as great-grandson of the immigrant James Finley, through James's son John (3-02-1)[6](6) and grandson John (4-02-11).[7](7) It will be shown that David is not the son of John Finley (4-02-11) but of another contemporary John Finley, and that all but one of the vital dates given by Stout for David and his family are contraindicated by cemetery and family-Bible records. Because John Finley is such a common name, the process of proof, in this case, relies heavily upon placing David and his parents in the context of other family members and upon tracing their movements over an eighty-six-year period, from 1765 to 1851. This involves establishing linkages between four locations: Prince Edward and Montgomery (formerly Fincastle, later Wythe) counties, Virginia; Lincoln County (later Garrard County), Kentucky; and Orange County, Indiana. It further involves being able to demonstrate, through primary documents, that those persons who live in one location are the same people who are found in the new location. In order to lay the proper foundation, it is necessary to go back to the arrival in American of James Finley and his seven (or eight) sons. _________________________________________________________________ BACKGROUND According to Stout, based on the earlier work of France, James Finley, the immigrant, was baptized 4 December 1687[88?] at Saint Peters Church in Dublin; married Elizabeth Patterson 10 January 1706[07?] also at Saint Peters; and immigrated to America in 1720--where he settled, first, in Nottingham township Chester County, Pennsylvania (now Cecil County, Maryland). He was a member and elder of Rock Presbyterian Church there in 1733, then moved on to Lurgan Township, Cumberland County, Pennsylvania, in the early 1740s. He died in Greene Township (now Franklin County, Pennsylvania) in 1753. He had eight children (seven, according to France), all males.[8](8) A key document is quoted by France: Petition of Samuel Finley of Petersburg township, Cumberland County, Penn. one of sons of James Finley late of Greens township, setting forth that the said James Finley lately died leaving a widow Elizabeth Finley and seven sons, to wit: Samuel the petitioner, Robert, Thomas, Alexander and George of Pennsylvania, John and William of Virginia. The petition was to divide a tract of land in Lettykeney [sic] township by lands of Fred Hess and by lands of John Finley, and the said James Finley had died February 10, 1753 (Orphan's Count Book A, page 417, April 1, 1763).[9](9) Unfortunately, this document, along with others relating to the early years at Rock Presbyterian Church in Chester County, cannot be located in Pennsylvania. For the purposes of this paper, the focus is on the sons John and William, who went to Augusta County, Virginia, about 1740, and their respective families. According to Stout, John married Thankful Doak [10](10) in 1724 and William married Mary Wallace in 1734.[11](11) Both brothers carried on the family given names, as did their children. As a result, by the 1780s and 1790s there was a preponderance of John, Robert, James, George, and William Finleys. In fact, there were four John Finleys listed on the Augusta County tax lists of 1784 and 1786,[12](12) and three John Finleys left wills in Augusta County in the years 1791, 1802, and 1807.[13](13) According to Stout, the John Finley who left the 1791 will is the father of David Finley, subject of this paper.[14](14) _________________________________________________________________ THE PROBLEM In tracing the origins of David Finley of Garrard county (previously Lincoln), Kentucky, the trail led first to Montgomery County (now Wythe), Virginia. Clearly, a John Finley was living there during the period 1773[15](15) to about 1782, one that closely matched the Augusta County John who left the 1791 will. Both had a son David; and both Davids had a wife Elizabeth. It can be proved, through existing primary documents, that the David assigned by Stout to the Augusta County John Finley is really the son of the John Finley of Montgomery/Wythe County. There is also strong circumstantial evidence that Stout's William Joseph (4-02-16),[16](16) George (5-02-112),[17](17) and Thomas (5-02-116)[18](18) also belong to the Montgomery/Wythe County family and are brothers of David (5-02-114). _________________________________________________________________ PROOF OF TWO EXISTING FAMILIES: JOHN OF MONTGOMERY/WYTHE AND JOHN OF AUGUSTA (1791 WILL) In November 1773, John Finley bought 327 acres in Montgomery County on Salley Run, waters of Reed Creek, from John McFarland.[19](19) In 1779, John Finley and Mary, his wife, gave this property to David and Samuel Finley in exchange for life care.[20](20) While these documents do not name David and Samuel as sons, subsequent documents regarding the sale of the property do refer to their deceased father. In addition, the New River tithables compiled by Kegley list "John Finley and sons David and Thomas" for 1772.[21](21) John died prior to 19 August 1782[22](22); and on 13 January 1783, 140 acres were surveyed for Thomas Finley adjacent to "John Finley's decd patent land" on Sally Run.[23](23) Therefore, it is established that there was a John Finley in Montgomery County (now Wythe) who died before 19 August 1782 and who had sons David, Samuel, and Thomas. Meanwhile, in Augusta County, on the tax lists for 1786 and 1787[24](24) one David Finley appears for the first time--listed under John Finley, beside whom is the notation "self and son David." This is undoubtedly the John who left the will of 1791 and is identified by Stout as 4-02-11. (David is not a common given name among the Finleys in Augusta County nor among Finleys generally). This David is named executor of his father's will; and subsequent land transactions tie him to his sister, Margaret Shields, who was also named in the will.[25](25) Another distinguishing feature of this John is that he does not name a son Samuel in his 1791 will; and, since primogeniture had been abolished in Virginia by this date, it cannot be argued that an eldest son did not have to be named. _________________________________________________________________ THE DAVID WHO MIGRATED TO KENTUCKY AND INDIANA Stout claims that David, son of the Augusta County John Finley who left the 1791 will, was granted 1000 acres on the Dix River in Kentucky and died in Orange County, Indiana. However, this David was actually the son of the Montgomery/Wythe County John Finley. Consider the following pieces of evidence. The earliest written record involving David Finley in Kentucky states: At a court continued and held for adjusting disputed titles to the Kentucky lands, 26 October 1779: David Finley this day appeared and claimed a right of settlement and pre-emption to a tract of Land lying on the N.E. side of Dicks River about 3 or 4 Miles below the mouth of Falling Creek including two small Springs by building a Hut and raising a crop of Corn on the premises in the year 1776. Wm Frazer contested the claim by Joseph Frazer and alleged that the said Frazer has a prior improvement to the said land. Sundry Witnesses were sworn and examined in consideration of which the Court are of the Opinion that the said Finley has a right only to a pre-emption of 1000 Acres of Land including said improvement and that a Certificate issue for same and that the said Finley recover of the said Frazer his Costs.[26](26) It is helpful, at this point, to know something about the development of the Kentucky frontier. Kentucky did not become a state until 1792. In December 1776 the area that had been explored by Daniel Boone was designated as Kentucky County, Virginia. In 1780 it was divided into three counties, Fayette, Jefferson, and Lincoln. Further subdivision in 1790 added Madison and Mercer counties, among others. These are in the Dix River area; and documents involving David were found in Lincoln, Mercer, and Madison counties in subsequent years as the counties were formed. Records for David on the Dix River were found in Garrard County after it was formed in 1797. So when David planted his corn along the Dix River, that area had just been designated Kentucky County, Virginia. The next significant document was found in Lincoln County, Virginia (Kentucky): On 27 August 1784, David and Samuel gave power of attorney to friend, William Finley of Montgomery County, Virginia to transfer 327 acres on Salle Run waters of Reid Creek "delivered to us . . . by our beloved father John Finley, dec'd.[27](27) David and Samuel, of Mercer County, Kentucky, sold the Wythe County property on 14 August 1792.[28](28) (Meanwhile, John Finley's Augusta County will of 1791 did not name a Samuel as an heir). These documents demonstrate, then, that the David Finley who settled along the Dix River was the David who came from Montgomery (Wythe) County and not from Augusta. _________________________________________________________________ REMOVAL OF DAVID FROM KENTUCKY TO INDIANA An examination of the tax rolls for Kentucky was helpful in determining the time of David's move to Indiana. Garrard County, Kentucky, was formed in 1797 from portions of Lincoln, Madison, and Mercer counties and contained that portion of the Dix River where David had settled. From 1797 to 1811 David was listed on the Garrard County rolls (with the exception of 1810), along with a few other Finleys.[29](29) For the years 1812 through 1820, no Finleys appeared on the Garrard County tax lists. According to the History of Orange County [Indiana], David Finley bought land in 1811 and 1813 in Orleans, Northeast Township, and at Stampers Creek.[30](30) In 1817, David Finley deeded a quarter-section of land to each of five children: Samuel, Jesse, Cyrus, and Hervey Finley and Mary Maxwell.[31](31) A will was found for David, dated 25 March 1834.[32](32) In it he left all personal estate to his wife Elizabeth but directed his executors to see to the education of three grandchildren, whose father (Jefferson) had died at a young age. His wife preceded him in death, and in 1845 David made an agreement with his son Cyrus.[33](33) When Cyrus prepared David's final settlement in 1851,[34](34) David's children, left $1 each, were named as follows: John Findley Jane Smith Edmund Findley Samuel Findley's heirs Jesse Findley Hearvey Findley's heirs Polly Maxwell's heirs Elizabeth Sneed Cyrus, who "for and by order of the court, retains his own legacy" The remainder of David's estate went to the children of his son Jefferson, who received $887.90 each. The names listed above agree with those of Stout (except Stout confuses Elizabeth Sneed and Polly Maxwell) as children of David Finley (5-02-114). However, it has been presently demonstrated that the David Finley who settled along the Dix River came from Wythe County and not from Augusta. _________________________________________________________________ DAVID FINLEY'S FAMILY: CORRECTING THE RECORD Once the children of David and Elizabeth were identified properly, the task of verifying the vital data given by Stout began. Cemetery records were found for David and his wife Elizabeth--as well as for their children Jane Ann, Harvey, Cyrus, and Jefferson. In addition, Bible records exist for Samuel[35](35) and Jesse. David Finley, born 1 June 1754, died 19 April 1848[36](36) Elizabeth Finley, born 4 January 1763, died 9 January 1835[37](37) Jane Ann Finley, born 9 November 1785, died 12 May 1871[38](38) Edmund Finley, born ca. 1787[39](39) Samuel Finley, born 14 February 1790, died 15 September 1835[40](40) Jesse Finley, born 17 May 1792[41](41) Harvey Finley, born 11 February 1795, died 26 May 1832[42](42) Cyrus Finley, born 25 November 1799, died 31 January 1874[43](43) Elizabeth Finley, born 8 February 1802, died 25 September 1889[44](44) Jefferson Finley, born 16 May 1805, died 19 November 1829[45](45) It is interesting to note the discrepancies between Stout's dates and those given above. An analysis is given in Table 1 below. TABLE 1 Comparisons between Stout's Data[46](46) and the Present Author's Birth Year Death Year Stout Finley Stout Finley David 1748 1754 1843 1848 His children: Jane Ann 1785 1785 1878 1871 Edmund 1771 ca. 1787 Samuel 1776 1790 Jesse 1774 1792 Harvey 1779 1795 Cyrus 1781 1799 Elizabeth 1788 1802 Jefferson 1783 1805 This concludes the proof necessary to correct the records for David Finley (1754-1848), whom Stout mistakenly represents as the son of John Finley (4-02-11). However, there is additional information on the family prior to their arrival in Montgomery/Wythe County, Virginia, that needs to be documented for future Finley researchers. PRE-MONTGOMERY RESIDENCE OF JOHN FINLEY John Finley lived in Prince Edward County, Virginia, from about 1765 to 1772-73. This is demonstrated by seven property transactions executed in that county, along with a number of other documents that tie his associate William Finley first to Prince Edward County and then to Montgomery/Wythe County. The important documents in Prince Edward County are as follows: Grantor/Grantee Date Deed Bk/Pg Acres Jacob & Honour Garrett to John Finley 15 June 1765 3:1 400 John Caldwell to William Finley 19 Aug. 1765 3:21 430 Thomas Fulton to son-in-law, George Finley 28 Apr. 1769 3:487 200 William Finley to Charles Smith 29 June 1772 5:54 175 John Finley to Stephen Pettus 20 July 1772 5:63 400 George Fenley to Alexander Garden 20 Dec. 1773 5:184 200 William Finley & Mary, his wife, of Montgomery County to Joseph Fore 10 July 1787 7:297 50 All of the above property was described as being on Vaughan's Creek. Note that John and William Finley buy and sell within a month or two of each other; George buys almost four years after John and sells about a year and a half after John. It is reasonable to presume a strong relationship among these three Finleys of Vaughan's Creek, but these records do not say what that relationship is. Since these Finleys sell about the same time, one would not be surprised to see them grouped together in their next location. However, note that William did not sell all his property in 1772, while both John and George did sell their total acreage. It has been shown already that John Finley of Montgomery/Wythe, father of David of Kentucky and Indiana, bought property in Montgomery County from John McFarland in November 1773.[47](47) And it is John Finley and sons David and Thomas who appear on Kegley's list of New River tithables in 1773 in Captain Crockett's area.[48](48) George Finley appears that same year on Captain Doack's list of tithables.[49](49) A settlement map of Wythe places that captain's area on Black Lick, within eight miles southwest of the Sally Run property of John Finley.[50](50) The earliest property record found for William does not appear until 1785.[51](51) His property, according to the settlement map, is approximately 4 miles to the northeast of the Sally Run property, adjacent to that of Caspar Radar who is named in his survey. The order books for Montgomery County list James; James, Jr.; and Samuel Finley prior to the first listing for John that occurs in 1773 when he first buys property.[52](52) William Finley is first listed in 1785 when he serves on a grand jury of inquest.[53](53) For the years 1774-1782, there is mention of Samuel, James, John, David, and Robert Finley.[54](54) William Finley is mentioned again in 1788.[55](55) It would appear that William either did not settle in Montgomery County in 1773 or that he kept a low profile. However, there is other unmistakable evidence that the William Finley of Prince Edward County did eventually settle in Montgomery/Wythe County. Consider this: Dabney Pettus, in his will in 1788 in Charlotte County, refers to a son, "Stephen Pettus of Prince Edward" and a daughter Mary Finley.[56](56) Prince Edward and Charlotte are adjacent counties. Recall that John Finley sold his Prince Edward property to Stephen Pettus. In addition, William Finley and Mary, his wife, of Montgomery County sold property in Prince Edward in 1787.[57](57) It may well be that William and Mary (Pettus) Finley continued to live in Prince Edward near her brother and father after John and George left--until their survey of property in Wythe in 1785. In 1794, Dabney Finley of Lee County, Virginia, brings suit against his father, William Finley, to recover slaves owned by his mother, Mary Pettus, at the time of her marriage to William Finley.[58](58) In 1801, William Finley, Sr., of Wythe County, names son John Pettis [sic] Finley in his will. He also provides for his second wife, Judith, and children Mary Ann, Esau, William, Rhoda, Margaret, and an unborn child.[59](59) The above profile should be compared to Stout's William Joseph Finley (4-02-16).[60](60) Stout claims this William Joseph was born 1743, was baptized at Tinkling Springs in Augusta, removed to Prince Edward and died in Wythe. He had children James, William, Asa, Margaret, John P., Elizabeth, Thankful, Mary, and one other daughter. Stout presents him as the son of John and Thankful (Doak) Finley (3-02-1).[61](61) If this is true, he would be one of the younger children of the pioneer couple. But he kept close company with John of Montgomery/Wythe from at least 1765 until the end of his life. George, who is the third member of the three Finleys on Vaughan's Creek in Prince Edward County, has not been found in any land transactions in Montgomery/Wythe. However, a George is found listed among participants in Dunmore's War of 1774, from Fincastle County, along with James and John Finley--and Fincastle was the county from which Montgomery was created in 1776. In addition, both John and George Finley signed a petition from the "Western part" of Fincastle, 1774-76.[62](62) The ties between Montgomery/Wythe County and Prince Edward County are significant. While these might be considered circumstantial evidence, it most certainly appears that the John and Mary Finley who deeded property to David and Samuel in Montgomery County moved there from Prince Edward. _________________________________________________________________ SUMMARY AND CONCLUSION The temptation is always great to accept published genealogical works as a means of shortening the time needed to trace one's ancestry. However, it has been demonstrated here that verification is absolutely essential before accepting the work of others. In the case of this David Finley, errors were made not only in correctly identifying his parents but also in recording birth and death dates for him and his children, ranging up to twenty-two years in the case of his son, Jefferson. Correcting the record in cases such as these involves both disproving the previously established relationships and correctly tracing the family constellation over both time and various geographical locations. The correct identity of David's father as John Finley of Montgomery/Wythe County should now be established--along with a relationship to other Finleys in the area. It is hoped that this correction and amplification of past information will provide a base for further research that might more conclusively document the parentage of David's father, John. Perhaps the trail may yet lead back to Augusta County. _________________________________________________________________ NOTES AND REFERENCES *Carmen J. Finley, 4820 Rockridge Lane, Santa Rosa, CA 95404. Dr. Finley wishes to acknowledge the assistance of Sharon B. Hamner C.G.R.S., of Charlottesville, Virginia, and Pearl Wilson of Paoli, Indiana, in gathering documentary materials for this essay. 1. Albert Finley France, "The Clan Finley" (manuscript, 73 pp., 1942. Historical Society of Indiana County, Penn.), filmed by Genealogical Society of Utah (GSU) in 1966, film no. 0481791, item 3). 2. Herald F. Stout, The Clan Finley, 2nd ed. (Dover, Oh.: Eagle Press, 1956). 3. Ibid., i. 4. Ibid., 22. 5. Ibid., 105. This David is the third-great-grandfather of the writer. 6. Ibid., 37. 7. Ibid., 61. 8. Ibid., 22. 9. Albert Finley France, untitled 54-page compilation (Annapolis, Md.,1940). 10. Stout, Clan Finley, 37. 11. Ibid.. 12. Augusta County Tax Lists, 1784, 1786; manuscript returns located in Virginia State Archives, Richmond. 13. Augusta County Will Books, 7:404, 9:242, 10:172. 14. Stout, Clan Finley, 105. 15. This area was officially Fincastle county until 1776. However, Montgomery County's order books begin 5 January 1773, and it is there the original Finley land transaction is recorded. 16. Ibid., 62. 17. Ibid., 104. 18. Ibid., 105. 19. Montgomery County Order Book, 1:142. 20. Montgomery County Deed Book, A:283, A:258. 21. Mary B. Kegley, New River Tithables (Wytheville, Va.: Privately printed, 1941), 27. 22. Montgomery County Deed Book, A:284 states that heirs of John Finley gave legal notice on 19 August 1782. 23. Montgomery County Record of Plots, reel 33, B:57. 24. Augusta County Personal Property Tax Records, 1786. 25. Augusta County Will Book, 7:404. 26. H. V. McChesney, ed., "Certificate Book, " Kentucky State Historical Society Register 21 (January 1923): 20. 27. Lincoln County Deed Book, A:338. 28. Wythe County Deed Book, 1:84. 29. Kentucky Tax Records, GSU films no. 007988 and no. 007989. 30. History of Orange County (Paoli, Ind.: Stout's Print Shop, 1965), reprinted from History of Lawrence, Orange, and Washington Counties (published 1884; no author, editor, or publisher indicated on reprint), 383, 405, 408. 31. Orange County Deed Book, A:70-75. 32. Orange County Will Book, A:147. 33. Orange County Deed Book, 13:205. 34. Orange County Probate Book, 4:111. 35. Samuel is the great-great-grandfather of the writer. 36. Orange County, Indiana, Cemetery Records (Paoli, Ind.: Lost River Chapter, Daughters of the American Revolution [DAR], 1943), 224 (Finley Cemetery at Orleans). 37. Ibid. 38. Kentucky Cemetery Records 1 (Frankfort?: Kentucky Society, DAR, 1960), 171 (Burnt Tavern Cemetery at Bryantsville, Garrard County). 39. Estimated from age given on 1850 federal census, population schedule, Hopkins County, Texas, p. 22; residence of Lewis Finley. 40. Bible record in possession of author. Samuel died in Decatur, Macon County, Illinois, and is probably buried there. 41. Bible record in possession of Jeanne Branom, 1310 Aldridge Street, Commerce, TX 75428; copy verified by author. 42. Orange County Cemetery Records, 5 (Trimble Cemetery). 43. Green Hill Cemetery at Orleans, Orange County, Indiana; data read from tombstone marker described as "tall, substantial stone . . . letters very clear," November 1987. The published DAR reading of this marker is in error. 44. Information provided by Robert Morton, 2307 West 229th Place, Torrance, CA 90501, who has picture of tombstone marker; verified by author. 45. Orange County Cemetery Records, 224 (Orleans, Finley Cemetery). 46. Stout, Clan Finley, 105. 47. Montgomery County Order Book, 1:142. 48. Kegley, New River Tithables, 27. 49. Ibid., 29. 50. F.B. Kegley and Mary B. Kegley, "A Settlement Map of Wythe County, Virginia" (Wytheville?: Roanoke Valley Historical Society, 1974). 51. Montgomery County Survey Book, 220. 52. Montgomery County Order Books, 1:2, 3, 69, 78, 94, 97, 115. 53. Ibid., 256. 54. Ibid., 2:41, 47, 139, 177, 181, 192, 197, 261, 264, 266, 269-70, 283, 285, 298-99, 308-310, 316, 320-21, 338. 55. Ibid., 4:17. 56. J. G. Herndon, "Some of the Descendants of the Rev. John Thomson (1690-1753)," Virginia Magazine of History and Biography 51 (October 1943): 394-404; reprinted in Genealogies of Virginia Families, 5 vols. (Baltimore: Genealogical Publishing Company, 1981), 5:454-64. 57. Prince Edward County Deed Book, 7:297. 58. Wythe County Deed Book, 2:477. 59. Wythe County Will Book, 1:202. 60. Stout, Clan Finley, 62. 61. Ibid., 37. 62. Richard B. Harwell, ed., Proceedings of the County Committees, 1774-1776, the Committees of Westmoreland & Fincastle (Richmond: Virginia State Library Publications no. 1, 1956), 103-04.