Garrard Co KY - John and Mary Finley (Part 1) ==================================================================== 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 ==================================================================== JOHN AND MARY FINLEY OF MONTGOMERY (WYTHE) COUNTY, VIRGINIA Carmen J. Finley, C.G., Ph.D. [Published in The Virginia Genealogist, 1990, v. 34, pp. 243-55; 1991, v. 35, pp. 18-33, 122-35, 173-85, 251-62.] Most, if not all, early immigrants of the name Finley were Scotch-Irish who arrived in America either from Northern Ireland (Ulster) or Dublin between 1720 and the early 1730s.[1](1) They were a part of Great Britain's massive plantation of Scotsmen in Ulster during the reign of King James I in the early 1600s. They were primarily lowland Scots and primarily Presbyterian in faith.[2](2) By the early 1700s, religious persecution and unfavorable economic conditions provided the impetus for increasing numbers of Scotch-Irish to turn to the American wilderness. Their first stop in the New World was Pennsylvania. But to the early settlers of that area the Scotch-Irish were late comers and not particularly welcome. The Quakers, in particular, cared naught for the Scotch-Irish Presbyterians, and restrictive measures adopted by the government soon encouraged them to seek homes elsewhere.[3](3) The natural migration path was up the Shenandoah Valley of Virginia. The Quakers and Germans had already begun to settle in the northern most part of the Valley, so the Scotch-Irish went to the most extended frontier in order to insure freedom in religion and their life.[4](4) One historian refers to them as people "who constituted the skirmish line of civilization."[5](5) John Lewis lead the movement when he settled, in 1732, near the present city of Staunton in Augusta County. These early pioneers were deeply religious. During the French and Indian War, the Scotch-Irish stood as a bulwark against Indian incursions east of the Blue Ridge. During the Revolution, the sons and grandsons of the original settlers were almost unanimously in favor of American independence and were found in battles from Saratoga to Yorktown.[6](6) The Finleys presented here almost certainly come from the group of early settlers in Augusta County, but the exact order of ascendancy has not been adequately proven to date. Pioneer research on the Finleys was done by Major Albert Finley France in the 1930s and 1940s.[7](7) His work was expanded by Admiral Herald F. Stout in the 1950s through the 1970s.[8](8) Robert M. Torrance has also published extensively on his branch of the Finleys, giving early history similar to that presented by France and Stout.[9](9) The present paper begins with John and Mary Finley, in Montgomery (now Wythe) County, Virginia, just prior to the start of the Revolution. _________________________________________________________________ GENERATION ONE In November 1773, John Finley bought 327 acres in Montgomery County, Virginia on Salley Run, waters of Reed Creek, from John McFarland.[10](10) Two previous papers demonstrate John and his wife, Mary, came from Prince Edward County where they resided from approximately 1765 to 1772/1773[11](11) and before that most likely from Augusta County.[12](12) While there are other adult Finleys in their immediate vicinity, both in Prince Edward County and in Montgomery County, there is proof of only three sons. During their residence in Prince Edward County, John and his family lived on 400 acres on Vaughans Creek.[13](13) The deed is dated 15 June 1765. Within two months of the time John bought this property, William Finley bought 430 acres on Vaughans Creek.[14](14) On 28 April 1769, George Finley bought 200 acres on Vaughans Creek from his father-in-law, Thomas Fulton.[15](15) All three of these Finleys moved on to Montgomery County, but no records have been found in either location that show their relationship. In 1773, the New River tithables show "John Finley and sons David and Thomas."[16](16) Six years after John made the move to Montgomery County, he and his wife, Mary, deeded their 327 acres on Salley Run to David and Samuel Finley in exchange for life care.[17](17) 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.[18](18) John died prior to 19 August 1782;[19](19) and on 13 January 1783, 140 acres were surveyed for Thomas Finley adjacent to "John Finley's decd patent land" on Sally Run.[20](20) No evidence has been found as to what happened to John's wife, Mary. However, a persistent message that is found in the literature of Finley family researchers follows: Eliz. Mounts' Bible is still in existence and on fly leaf written by her dau., Jane Ann (Finley) Smith, is statement (apparently addressed to next generation): "Your grandfather was David Finley and he married Elizabeth Mounts his father was John Finley who married Mary Caldwell, a cousin of Martha Caldwell who was the mother of the famous Statesman John C. Calhoun." (Unpublished data in D.A.R. Library, compiled & certified by Maj. Albert Finley France).[21](21) Interestingly, this message is a modification of information provided by France in a 1943 manuscript: On fly leaf of old bible of Jane (Finley) Smith appears following: Your grandfather was David Finley, born Jan. 10, 1748[22](22) who married Elizabeth Mounts. His father was John Finley and he married Mary Caldwell, daughter of Thomas Caldwell and a cousin to Martha Caldwell who was the Mother of the famous statesman, John C. Calhoun.[23](23) The critical difference between these two passages is the presence of the birth date of David Finley in the second one. This birth date differs by more that six years from that given by David's cemetery records. It has already been demonstrated that the David Finley referred to above is the one who settled in the Dicks River area of Kentucky, with wife Elizabeth Mounts and daughter Jane Ann, and is the son of John and Mary Finley of Montgomery County.[24](24) Known children of John and Mary (Caldwell) Finley are: +2 i. David2 Finley, born 1 June 1754,[25](25) probably in Augusta County, Virginia. 3 ii. Samuel Finley was named heir with brother, David, to his parent's plantation in Montgomery County in 1779, which they jointly sold in 1792. At that time both David and Samuel were "of Mercer County, Kentucky."[26](26) In 1785 a Samuel Finley signed a petition for the grant of land for a town site in Lincoln County.[27](27) In 1789 a Samuel Finley signed a petition for the repeal of the Act of Separation. David Finley also signed this petition.[28](28) In 1795 and 1796, Samuel Findley appeared on the Madison County tax list.[29](29) In 1796 a Samuel Finley was ordained as a Presbyterian minister in Madison County.[30](30) He appeared on the Lincoln County tax list from 1797 at least through 1811.[31](31) In 1801 he bought 100 acres in Lincoln County.[32](32) Evidence of his presence in Lincoln County continues at least through 1822 when the Rev. Samuel Finley served as President pro tem of Centre College in Danville.[33](33) It is tempting to believe this Samuel Finley is David's brother. The one disquieting fact is that in the 1810 census of Lincoln County he is placed in the 26-45 age group ... too young to have inherited property in 1779.[34](34) +4 iii. Thomas Finley, born 11 February 1757, probably in Augusta County, Virginia.[35](35) _________________________________________________________________ GENERATION TWO 2. David2 Finley (John1 Finley) was born 1 June 1754, probably in Augusta County, Virginia and died 19 April 1848 in Orange County, Indiana.[36](36) He married Elizabeth Mounts, daughter of Matthias and Mary Mounce, sometime prior to 10 February 1781.[37](37) Elizabeth was born about 4 January 1763 and died 9 January 1835 in Orange County, Indiana.[38](38) David is first found in Montgomery County records in 1773 when the New River tithables list "John Finley and sons David and Thomas."[39](39) Then on 30 March 1779 he and his brother, Samuel, are deeded 327 acres by John and Mary Finley in exchange for life care.[40](40) Shortly after that, on 26 October 1779, he appeared in court to claim land he had staked out along the Dicks River in what later became Garrard County, Kentucky. 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.[41](41) The records for David show he obtained a warrant for his 1000 acres on 10 March 1780 while the survey date was 5 April 1781 and the grant date was 14 January 1784.[42](42) It is not known precisely when David made the physical move permanently to Kentucky. Apparently it was not uncommon for many early settlers to claim their land, return to Virginia after putting in a crop of corn, and return to Kentucky later. The frequency of Indian raids in this area of Kentucky through at least 1783 made it extremely hazardous to live in the area unless protected by a fort or stockade. Also David and Samuel were obligated to care for their aging parents and as shown above, John died sometime before 19 August 1782. Prior to his move to Kentucky, David served with his brother, Samuel, in Captain Jehu Stephens' Company of the Montgomery County Militia. Since Stephens was promoted to Colonel in 1781, David's service had to precede that date.[43](43) In addition, while David was listed, along with James, Samuel, Thomas and William Finley in the 1782 tax list for Montgomery County, his record showed no tithes, slaves, horses or cattle,[44](44) suggesting he had moved on by that date. In all likelihood, David was living in Kentucky by 10 February 1781, for on that date his wife, Betsey Finley and her sister, Polly Collier, made a deposition concerning the death of their father, Matthias Mounts. Mounts had been killed by "the limb of a tree" and his body was taken to Downing's Station, in the immediate neighborhood of David's property on the Dicks River. After the death of Elizabeth's father, her mother, Mary Mounce was appointed administrix. Apparently, the settlement was not handled in a manner to suit all heirs. A lengthy set of papers are on file including depositions and a quitclaim to Betsey and her sister, Polly by their brother, John. The final document involves a court case dated 17 June 1805 in which David Finley and Betsey, his wife along with Moses Collier and Polly, his wife are plaintiffs against Henry Mounts.[45](45) David did his share of defending the new frontier. The year 1782 was particularly bad and Indian attacks continued throughout the summer. Caldwell's attack on Bryan's stockade, barely 30 miles away, with 50 selected Tory Rangers and 300 Indians in August 1782 was the last straw.[46](46) In November, David joined 1050 mounted riflemen in a successful siege against the Shawnee. He served as a private in the company of Captain James Downing (whose daughter, Martha, later married David's son, Samuel).[47](47) In 1788, David was recommended ensign in Captain George Scott's Company.[48](48) While these, together with his militia experience in Montgomery County are the only documented service, family tradition also credits him with having served at the Battle of Cowpens[49](49) and at the massacre of Crab Orchard.[50](50) David joined also in petitioning the General Assembly of Virginia on at least two occasions to try to improve the lot of frontier living. In 1783 he was a signer with other inhabitants of Lincoln County in requesting laws to secure better military protection, care of orphans, civil marriage and stray stock.[51](51) In 1789 he signed a request for the repeal of the Act of Separation saying, "it was not the will of the good people of said District that the same should be erected into an independant state."[52](52) On at least one occasion, in addition to his suit with his wife mentioned above, he went to court to provide bail for James and John Downing in a suit brought against them by James Smith (whose son, Edmond later married David's oldest daughter, Jane Ann).[53](53) Smith apparently did not hold this against David since he referred to him in his will as a "good and faithful" friend and named him along with others as an executor and trustee.[54](54) In 1782, the Forks of Dix River Baptist Church was established on land owned by David and Elizabeth.[55](55) The Finleys were among early members of the Church. This was unusual for a family strongly Presbyterian, but it may have been because of the proximity. In 1785, David and Elizabeth sold 300 acres of their original grant (the portion where the Church was located) to William Downing, older brother of John and James Downing. Two years later the Finleys sold another 300 acre piece of the original grant to Robert Singleton.[56](56) In 1792 he had 300 acres on Silver Creek in nearby Madison County surveyed[57](57) and the grant was made about a year and a half later, 9 May 1794.[58](58) In 1808 they sold 24 7/8 acres to Arthur Thompson of Mercer County.[59](59) Tax records exist in Garrard County[60](60) for David from 1797 through 1811, then David and all other Finleys near him disappear.[61](61) David and Elizabeth had 10 children while living in Kentucky, the youngest of whom was about 6 when they moved to Orange County, Indiana. David Fin(d)ley patented land in what is now Orange County, Indiana from October 1811 until April 1819 at the Land Office at Jeffersonville. This land was availabel under an Act of Congress providing for sale of lands of the United States in the Territory northwest of the Ohio, and above the mouth of the Kentucky River. Eight patents totaled 1266.38 acres.[62](62) On 15 August 1817, he and Elizabeth made deeds of gifts of 160 acres each to five children: Samuel, Jesse, Mary Maxwell, Cyrus and Harvey.[63](63) In addition, Samuel bought another 160 acres from his parents.[64](64) That, alone, totals 960 acres! Only two other land records were found for David during his life time. In 1819, there was an additional land entry for 110 acres[65](65) and in 1830 David and Elizabeth deeded 20 acres to their daughter, Elizabeth, and her husband John H. Sneed for $1.[66](66) In 1834, David wrote his will, at the age of almost 80.[67](67) He provided, first for his wife, Elizabeth and second, for the education of the heirs of his son, Jefferson, deceased. Specifically, he wanted any "over pluss of rents after giving to my wife what she may think proper and sufficient for her support," to be used to pay tuition until the two girls "shall each have two years ... and Samuel three years." He stipulated that his executors should not sell his land until the youngest of Jefferson's children came of lawful age. At that time, Jefferson's children, Josephine, Samuel and Elizabeth were to receive the proceeds of the sale. Son, Cyrus and son-in-law, Joseph Maxwell were appointed executors. His own children were left $1 each, "in as much as I have equally divided," to them. His wife, Elizabeth, died less that 10 months later, on 9 January 1835.[68](68) David still had a few good years ahead and in October 1845 at 91, he drew up an agreement with his son, Cyrus.[69](69) In the agreement, David leased his land, the southwest and northwest quarters of section three, to Cyrus until 9 April 1851 (when his granddaughter Elizabeth became 21). He also turned over to Cyrus, the notes he owned from the sale of personal property. Cyrus, in turn, promised to care for David and provide a comfortable living for him. He also agreed to 1) provide a year of school for David's grandchildren, Samuel and Elizabeth, Jefferson's two youngest children; 2) pay taxes on the leased land; 3) rotate the crops, planting corn one year and grain the next; 4) not destroy timber more than necessary for use of the farm; 5) not box or fence any sugar trees south of the most southern field; and 6) enclose with a brick wall the graves of his parents and his brother Jefferson. David lived two and a half more years after his agreement with Cyrus, succumbing on 19 April 1848 at the age of almost 94.[70](70) In keeping with his wishes, Cyrus continued caring for David's land until Jefferson's youngest child, Elizabeth was 21 years of age. Cyrus then offered David's property (described as the west half of section 3 in township 2 north, range 1 east, less 20 acres ... presumably 300 acres) for sale. Samuel, Jefferson's son and one of David's principle heirs, purchased the property for $2700.[71](71) The final settlement of David's estate was made 27 August 1851.[72](72) Named were his sons and daughters (or their heirs) as follows: John Findley. Jane Smith, Edmund Findley, Samuel Findley's heirs, Jesse Findley, Harvey Findley's heirs, Polly Maxwell's heirs, Elizabeth Sneed, and the executor (Cyrus Findley), each of whom were allotted $1 as provided in the will. The remaining estate, valued at $2663.70 was divided equally among Jefferson's children, Samuel and Elizabeth Finley and Josephine Fisher. Known children of David and Elizabeth (Mounts) Finley are as follows: 5 i. John3 Finley, born probably about 1782/1784, probably in Lincoln County, Virginia (now Garrard County, Kentucky). Because the name is so common and there were a number of John Finleys in the immediate vicinity of David both in Kentucky and Indiana, very little is known for sure about this son. A John Finley appears near David on the Garrard County tax lists beginning in 1797,[73](73) probably a nephew. In 1805 a second John Finley appears near David owning no land and recurs in 1806, 1807 and 1809, still owning no land,[74](74) probably David's son. In the 1820 census of Indiana, John Finley, age 26-45, is living next to David Finley in Lawrence County (Lawrence County was formed from Orange County in 1818).[75](75) These are the only John Finley records that can be reasonably expected to be those of David's son. +6 ii. Jane Ann Finley, born 9 November 1785, Lincoln County, Virginia (now Garrard County, Kentucky).[76](76) +7 iii. Edmund Finley, born about 1787,[77](77) in Mercer County, Virginia (now Garrard County, Kentucky). +8 iv. Samuel Finley, born 14 February 1790, in Mercer County, Virginia (now Garrard County, Kentucky).[78](78) +9 v. Jesse Finley, born 17 May 1792,[79](79) Mercer County, Virginia (now Garrard County, Kentucky). +10 vi. Harvey Finley, born 11 February 1795, Mercer County, Kentucky (now Garrard County).[80](80) +11 vii. Mary (Polly) Finley, born 9 June 1797 in Garrard County, Kentucky.[81](81) +12 viii. Cyrus Finley, born 25 November 1799 in Garrard County, Kentucky.[82](82) +13 ix. Elizabeth Finley, born 8 February 1802, Garrard County, Kentucky.[83](83) +14 x. Jefferson Finley, born 16 May 1805,[84](84) in Garrard County, Kentucky. 4. Thomas2 Finley (John1 Finley) was born 11 February 1757, probably in Augusta County, Virginia.[85](85) He is first found in Montgomery County, Virginia in 1773 on the list of Tithables with his father, John, and brother, David.[86](86) On 12 September 1782, he entered 140 acres on Sally Run, Montgomery County, (survey date, 13 January 1783) adjacent to property that had been owned by his father, John, now deceased.[87](87) A son, Reuben Jefferson, was born 31 March 1783 to Catherine Kinder.[88](88) After the birth of his illegitimate son, Thomas moved to South Carolina. Catherine Kinder married Andrew Swallow in the Spring of 1785 and Reuben was reared by his mother and Swallow.[89](89) About 1792, Thomas married Jeanne Gibert, daughter of Jean Louis Gibert, probably in Abbeville, SC.[90](90) On 7 November 1795, John Lewis, his only other known son, was born.[91](91) Sometime before 1797, Thomas married Sarah (McLane) Stedman Pettigrew.[92](92) He married, for a third time, Jane Clark on 20 December 1808.[93](93) His will, written in 1823 in Abbeville, South Carolina and probated 2 January 1832, showed he had become a wealthy land owner and possessed many slaves.[94](94) His appraisement listed 23 slaves and was valued at $8935.40.[95](95) His will was unique in a number of ways. Basically, he left the bulk of his estate to his wife, Jane, and named specifically she should have his negroes named Finda, Tom, Jude, William, Caroline, Willey and Rose ... along with "all my other negroes." After her death, all property was to go to his son, "Reuben Finley of the State of Tennessee, Wheelwright, whose mothers maiden name was Catherine Kinder ... on the following conditions ... that he emancipate all the female children of my two negro women, Hanny and Jinney or cause them to be sent to the State of Indiana or Ohio where the laws of the State will liberate them. The said female children are to be set free as they respectively arrive at the age of twenty five years and all their children with them should they have any, as it is my wish and desire to put a stop to the slavery of the race of negroes belonging to me in future." He requested Reuben to erect marble headstones for him and Jane and gave their respective birth dates ... 11 February 1757 and 8 November 1765. He also directed Reuben to enclose his grave and his wife's "with a stone wall of five feet high with a shutter to the door of some durable materials, and that spot of ground to be reserved and never conveyed away with the tract of land." He further bequeathed to his niece, Ann Finley, his "negro boy, Franklin ... and ... negro girl Peggy." Peggy was to be set free at age 25 and Franklin was not to be bartered or sold out of the family "where I trust he will be well treated." Thomas Finley Mitchel, son of Francis Mitchel, was to receive his "negro boy Robert." The death of Reuben Finley prior to that of Thomas' wife, Jane, created some problems as will be seen in the following account of Reuben. The child of Thomas Finley and Catherine Kinder was: +15 i. Reuben Jefferson3 Finley, born 31 March 1783, Montgomery County (now Wythe), Virginia. The only known child of Thomas Finley by his first wife, Jeanne Gibert was: 16 i. John Lewis3 Finley, born 7 November 1795, Abbeville, South Carolina.[96](96) He died in Columbia, on 7 September 1814, at the age of 18, while in his junior year at South Carolina College (now University of South Carolina).[97](97) _________________________________________________________________ GENERATION THREE 6. Jane Ann3 Finley (David2 Finley, John1 Finley) was the eldest daughter of David and Elizabeth (Mounts) Finley, born 9 November 1785 in Lincoln County, Virginia (now Garrard County, Kentucky).[98](98) She is also the only one of the children to have lived out her life in Kentucky; she died 12 May 1871 and is buried in the Burnt Tavern Graveyard at Bryantsville.[99](99) Jane Ann married on 15 May 1801,[100](100) Edmond Smith, born about 1779, the son of James and Magdalene (Woods) Smith.[101](101) Edmond predeceased Jane Ann by more than 20 years and died prior to 15 December 1848.[102](102) Edmond's father, the Reverend James Smith, was a Separatist Baptist minister who came to Kentucky from Virginia in 1779 close to the same time the Finleys and Downings arrived. James, together with his brother Henry, and sons John and William built a station (or fort) called Smith's Station. It later became known as Smithtown, now Bryantsville. Edmond was but 6 months old when the family moved to the Dicks River area.[103](103) The Smith home was inherited by Edmond, who replaced the original log structure with a brick building around 1798-1800, and it became a tavern. The name, Old Burnt Tavern, was derived from two fires, in which the dining room was saved and added to. Edmond, Jane Ann and their son, David Finley Smith, operated the noted tavern, which was an important stopping-place for stagecoach and horseback travelers from the North on their way to Crab Orchard Springs, Danville, Nashville and Florence, Alabama. Here families stopped, ate and slept overnight while they rested from long and tiresome stagecoach trips. Prices for lodging and refreshments at Burnt Tavern in the 1830s and 1840s included: Breakfast 25 cents; dinner 37 1/2 cents; supper 25 cents, night's lodging 12 1/2 cents; whiskey per half pint 12 1/2 cents; cider per quart 6 1/4 cents; peach brandy per quart 12 1/2 cents; wine, rum or cognac brandy per half pint 25 cents; beer per quart 12 1/2 cents, and hay, grain and stablage for horse overnight 37 1/2 cents. Burnt Tavern also served as a mail stagecoach stop in the mid 1830s.[104](104) Jane Ann is the earliest family member for whom photographs have been found, along with two of their sons, Merrill and Edmund Finley Smith. Edmond's will, proved in 1848 named, in addition to Jane Ann, seven children (listed below with others) and four grandchildren, Mary Smith, Mary Virginia Smith, Presley Talbot and Charles Talbot. Executors were Jane Ann and their oldest son, Harold F. Smith.[105](105) During the Civil War, the Smiths were southern in their sympathies. However, they were located between two Union camps (Camp Dick Robinson and Camp Nelson), and the officers of both camps used the tavern for their entertainment to the inconvenience of its owners. It was in Federal possession for the greater part of the war, with the exception of the time of Bragg's invasion of Kentucky and his retreat from Perryville where the largest battle of the war in Kentucky was fought. According to one historian, the period during which this tavern existed was one of the most exciting of the history of Garrard County. He says, "A volume could be written about its guests [among them Jenny Lind, the 'Swedish Nightingale,' and Henry Clay], pleasure seekers, statesmen, men of business and travelers of every kind, so rich it is in legend and story."[106](106) Jane Ann lived through these exciting times to the age of almost 86. She is buried in the Burnt Tavern Graveyard at Bryantsville.[107](107) The tract of land on which Jane Ann and Edmond lived remained successively in the possession of their descendants until 1944, when it was sold by Mrs. Bourbon Dawes. Known children of Jane Ann (Finley) and Edmond Smith are as follows:[108](108) 17 i. Harold F.4 Smith, born 1803, married Catherine Brown. 18 ii. Almira Smith, born 1806, married Rice. 19 iii. Merrill Smith, born 1809, married Hannah Burnside. 20 iv. Elizabeth F. Smith, born 1811, married John G. Talbot, 11 August 1829; died 1842. 21 v. Mary Jane Smith, born 1814, married Nathan L. Smith. 22 vi. Sally Ann Smith, born 1816, married Bowie. 23 vii. Edmund Smith, born 1819, married Mary Myers, January 1835. 24 viii. David Smith, born 1821, married (1) Martha Kemper, (2) Mrs. Pauline Kennedy; died 1881. 25 ix. Anna Maria Smith, born 1825, died young. 26 x. Josephine Peachy Smith, born 1827, married Simon Drake. 7. Edmund3 Finley (David2 Finley, John1 Finley) was born about 1787[109](109) in Mercer County, Virginia (now Garrard County, Kentucky). He married Catherine _____ sometime prior to 17 June 1819 and most likely before 1810.[110](110) Most of what is known about Edmund had to be reconstructd from census and land records. No records were found for him in the Dicks River area, suggesting he had moved out before the rest of the family went to Indiana. In addition, his son John Findley (probably his oldest) gives his birthplace (about 1810) as Tennessee in 1850, 1860 and 1870 census records.[111](111) Tennessee records have been searched to no avail. The earliest record of any kind found for Edmund was a land entry for 160 acres (Range 2E, Township 2N, Section 10, SE 1/4) in Washington County, Indiana on 9 April 1813. Adjacent to him, in the SW 1/4 was an entry made by H. (Harvey) Findley on 16 January 1818.[112](112) Edmond and Catherine, his wife, sold 40 acres of this property on 17 June 1819.[113](113) They are not found in the 1820 Indiana census, nor have they been found elsewhere that year. However, in 1830 they are found in Wayne County, Missouri not far from brother, Jesse.[114](114) By 1840, they had moved on to Van Buren County (renamed Cass County in 1849), Missouri.[115](115) Bates County was formed from portions of Cass, Van Buren and Jackson Counties in 1841 and it is here that some of his nephews (sons of Samuel) are found in 1850. However, by 1850, Edmund and Catherine had moved on and were found living in the home of Lewis Findley in Hopkins County, Texas.[116](116) In Cass County, Missouri there were sufficient land records to identify two additional probable sons of Edmund and Catherine. In 1845, and 1848, David and Margaret A. Finley, his wife sold property; while in 1852 Lewis and Letitia Finley, his wife and Edmund and Catherine each sold two parcels.[117](117) In the 1840 census, David Findley is living next door to Edmund in Missouri.[118](118) In the 1850 census, Edmund and Katherine, aged 63 and 65 are living with Lewis and Lettecia, aged 25 and 35; while near by are David and Margaret Findley, aged 35 and 32.[119](119) No further information is available on Edmund. Probable sons of Edmund and Catherine Finley include the following: +27 i. John4 Finley, born about 1810 in Tennessee. +28 ii. David Finley, born about 1815 in Missouri. +29 iii. Lewis Finley, born about 1825 in Missouri. 8. Samuel3 Finley (David2 Finley, John1 Finley) was born 14 February 1790 in Mercer County, Virginia (now Garrard County, Kentucky).[120](120) He died 15 September 1835 in Macon County, Illinois at the age of 45.[121](121) On 9 May 1809, he married Martha (Patsy) Downing, daughter of Captain James and Nancy Downing, long time friend and neighbor of David Finley.[122](122) Martha was born 18 January 1788,[123](123) probably in the Dicks River area of Kentucky. She died 15 November 1832,[124](124) probably in Orange County, Indiana. Samuel remarried Rachel Black on 21 November 1833 in Macon County, Illinois.[125](125) Shortly after the marriage of Samuel and Martha, the young couple moved to Orange County, Indiana. Samuel served in the Indiana Territory Militia during the War of 1812 in the same unit with his brother, Jesse.[126](126) Samuel was found on the payroll of Paddack's 5th Regiment, Captain Charles Busey's Company, as a private for the period 18 February to 19 March 1813 for which he received $8, one month's pay. In 1817, Samuel and Martha received a gift of 160 acres from his parents along with like gifts to four other siblings.[127](127) At that same time, Samuel bought an additional 160 acres adjacent to the property that was gifted to him (SW quarter in Range 1E, Township 2N, Section 2) for $500.[128](128) Samuel and Martha (Patsy) lived in Orange County where most, if not all, of their eight children were born. When Martha died 15 November 1832, at the age of 44, she left Samuel with children ranging in age from 3 years to 19 years. Martha may have been the victim of Cholera for about this time an epidemic swept through the Upper Lost River area where they lived.[129](129) (Samuel's brother, Harvey, had died in May of 1832 and Harvey's wife and two of their children died in July and August of 1833.) Samuel and his children moved to Decatur, Macon County, Illinois where he remarried Rachel Black on 21 November 1833.[130](130) Less than two years later, Samuel died at the age of 45, leaving five minor children. Samuel left a will and there are many court records concerning the disposition of his property and the guardianship of his minor children.[131](131) His will, written in July 1835, about two months before his death, divided his property equally among his wife and his children, except that his son, James, was to receive "one certain yellow filley now one year old past." In the event Rachel remarried, his property was then to revert to his children and be divided equally among them. His list of goods and chattels contained 59 items including mostly household furnishings, tools, oxen, calves and cows, sheep, hogs, horses and farm supplies, including three bees stands and bees. Total value was appraised at $585.12 1/2. He owned a total of 360 acres which had been entered at the Land Office at Vandalia,[132](132) Illinois. Two parcels were timber land 4 miles from Decatur, a third was prairie land. Total value was set at $1600.[133](133) Alvin, Samuel's eldest son, was the executor for his estate. Apparently, some difficulty arose in the division of the property, for on 29 August 1836, John Finley (son of Edmund above) and his wife, Mahala (oldest daughter of Samuel), petitioned the court for the division of Samuel's property.[134](134) In September, commissioners were appointed to divide the property.[135](135) On 3 November 1836, the commissioners reported to the court that "the said lands and tenements cannot be divided without manifest prejudice to the proprietors of the same." How the matter was resolved is not given in the existing records of Macon County. Nor did the matter of the guardianship for the minor children of Samuel go smoothly. Josephus Hewett was appointed guardian for minor children Jefferson, James, John, Samuel and Elizabeth on 19 September 1836.[136](136) On 25 March 1837, brother, Alvin, was appointed their guardian and offered bond in the amount of $2600 jointly with Randall Davis.[137](137) Apparently, that arrangement was not permanent, for on 16 June 1837, a similar document was presented naming Alvin guardian, but the bond, in the same amount, was made jointly by Alvin and Jacob Black (presumably kin to the widow Finley).[138](138) However, the widow, Rachel (Black) Finley remarried Hugh McCully in August,[139](139) and on 18 October Hugh and Rachel McCully summoned Alvin to court, claiming he, as guardian for the children, owed Rachel $50 for the care of the minor children. An inventory of the services she provided included such items as making two pair of pantaloons, several shirts, two pair of socks, two bed quilts and one domestic sheet, washing and mending, and furnishing "victuals and drink at sundries times," for seven months between 15 September 1835 and 1 May 1836. The itemized list totaled $53 and a judgment was entered in favor of the plaintiff. Alvin filed an appeal and the McCulleys were ordered to appear in May 1838.[140](140) However, Alvin died before the appointed date,[141](141) and Henry Snyder was officially appointed guardian on 3 November 1838.[142](142) One other item of interest was found in Samuel's probate records. Jacob Black testified on 14 March 1840 that John Finley and Mahala, his wife (formerly Mahala Finley), Jefferson Finley and James Finley, heirs of Samuel Finley are no longer residents of Illinois, but reside in the state of Missouri.[143](143) Known children of Samuel and Martha (Downing) Finley include:[144](144) 30 i. Mahala4 Finley, born 22 May 1811, married her first cousin, John Findley, son of Samuel's brother, Edmund, 25 December 1831. After their suit involving the division of her father's property in 1836 and sometime before 1840, they moved to Missouri, taking younger brothers Jefferson and James with them. Since Jefferson and James appeared in court in Macon County in January and April of 1838 to choose Henry Snyder their guardian, that narrows the time of the move to Missouri. By 22 March of 1840, husband, John, had married Sarah Masters in Jackson County, Missouri.[145](145) Attempts to find either court records or death records involving Mahala have failed. Family tradition, as related by Ethel Work Balmer, granddaughter of this John Findley and Sarah Masters, says Mahala and John had nine children,[146](146) however, nothing has been found to substantiate this. +31 ii. Alvin Finley, born 9 October 1811 in Orange County, Indiana. +32 iii. Nancy J. Finley, born 25 February 1816 in Orange County, Indiana. 33 iv. Jefferson Finley, born 25 April 1818 in Orange County, Indiana; married Frances Foe, 1 February 1838 in Macon County, Illinois. Shortly after that, they went to Missouri with John and Mahala Findley. Nothing further is known of Jefferson. 34 v. James Finley, born 20 January 1821 in Orange County, Indiana. Went to Missouri with his older sister, Mahala and brother, Jefferson sometime between 1838 and 1840. A James Finley married Caroline Masters, 21 May 1840, in Jackson County, soon after John Findley married Sarah Masters.[147](147) It is tempting to believe it is this James Finley who married Caroline Masters, but no proof has been found. In 1845 in Cass County, he was appointed guardian for his brother, Samuel, then aged 19; David Findley (most likely his cousin and younger brother of brother-in-law, John) acted as surety.[148](148) About five years later, on 24 April 1850, James bought 33 acres[149](149) from Samuel, which he had entered in Bates County in 1847 (Bates County was formed from Cass, Van Buren and Jackson Counties in 1841; Cass County was organized as Van Buren County and renamed to Cass in 1849). In the 1850 census that year, James, aged 28 was found living alone not far away from his younger brother, John, Kesia and their two children.[150](150) +35 vi. John Finley, born 5 June 1823 in Orange County, Indiana. +36 vii. Samuel Finley, born 6 March 1826, in Orange County, Indiana. +37 viii. Elizabeth Finley, born 13 April 1829 in Orange County, Indiana. 9. Jesse3 Finley (David2 Finley, John1 Finley) was born 17 May 1792, Mercer County, Virginia (now Garrard County, Kentucky).[151](151) He probably died before 1780 and probably in Dunklin County, Missouri.[152](152) Jesse married Rachel Colglazure, on 20 July 1815 probably in Washington County, Indiana.[153](153) She was born 28 December 1788 in Westmoreland County, Pennsylvania, the daughter of Jacob Colglazure who later moved to Washington County, Indiana.[154](154) Rachel probably died between 1850 and 1860, probably in Texas.[155](155) Jesse served in the Indiana Territory Militia during the War of 1812 in the same unit with his brother, Samuel.[156](156) He was found on the payroll of Paddack's 5th Regiment, Captain Charles Busey's Company, as a private for the period 18 February 1813 to 15 May 1813, for which he received $16, two month's pay. However, this does not agree with a later application for bounty land that Jesse made, 5 August 1853, while living in Greenville, Hunt County, Texas. In that document, he stated he enlisted in June 1814 and served for one year. He was mustered in at Paoli and discharged at Vincennes, but had lost his certificate of discharge.[157](157) In 1817, Jesse and Rachel received a gift of 160 acres from his parents along with like gifts to four other siblings.[158](158) They were still living in Orange County in 1820,[159](159) but by 1830 had moved on to Wayne County, Missouri where they were living near his brother, Edmund.[160](160) The move was probably made between March 1827 (when son, Edmond, was born) and October 1829 (when Joseph Jefferson was born) if the 1850 census in Hunt County, Texas correctly states the respective birth places of their sons, Edmond and Joseph Jefferson.[161](161) However, the 1900 census for Edmond states he was born in Missouri,[162](162) so the family could have made the move a couple of years earlier. Unfortunately, the Wayne County Courthouse burned in 1854 with all land records, so it is impossible to get information on their land holdings. In 1840, Jesse was found in Stoddard County, Missouri,[163](163) adjacent to Wayne County. By 1850, they had gone on to Hunt County, Texas, where he, along with sons, Milton, George, Edmond, Joseph J. and Marion, and brother Edmond and his son, John, all settled in Mercers Colony.[164](164) Each received from Charles Fenton Mercer and Associates known as the Texas Association, a certificate issued either 6 or 7 May 1850. Married men received certificates for 640 acres (Jesse, Milton, George, Edmond, Sr., John); single men received certificates for 320 acres each (Edmond, Jr., Joseph J. and Marion). The description of a 320 acre survey for Jesse done the next month, places his property on Lake Fork Creek of the Sabine River.[165](165) By the time the 1850 census was taken, Jesse and Rachel and their unmarried sons owning Mercers Colony certificates were found living together, with married sons William, Milton and George nearby.[166](166) However, by the time the 1860 census was taken, Jesse had moved to Missouri and was living in the home of David and Margaret Finley in Dunklin County.[167](167) By 1870, Jesse had disappeared from the home of his son, David, and has not been found elsewhere. Presumably, Rachel died between 1850 and 1860 when Jesse moved to Missouri and Jesse died between 1860 and 1870, although no proof of this has been found to date. Known children of Jesse and Rachel (Colglazure) Finley include:[168](168) +38 i. William4 Finley, born 6 March 1816, in Indiana, probably Orange County or nearby. +39 ii. Milton Finley, born 6 February 1818 in Indiana, probably Orange County or nearby. +40 iii. David Finley, born 1 September 1819 in Orange County, Indiana. 41 iv. Samuel Finley, born 22 May 1821 in Indiana. +42 v. Elizabeth Ellen Finley,[169](169) born 10 March 1823 in Indiana, probably Orange County or nearby. +43 vi. George W. Finley, born April 1825 in Indiana, probably Orange County or nearby. +44 vii. Edmond Finley, born 27 March 1827[170](170) in Indiana or Missouri.[171](171) +45 viii. Joseph Jefferson Finley, born 5 October 1829 in Missouri, probably Wayne County. 46 ix. Marion Finley, born 16 August 1830 in Missouri, probably Wayne County. He received a certificate for 320 acres in Mercers Colony on 7 May 1850.[172](172) Marion married Arminda Kerbo, 17 April 1862 in Hopkins County.[173](173) 47 x. Mary Elizabeth Finley, born 11 March 1833, probably in Wayne or Stoddard County, Missouri. 10. Harvey3 Finley (David2, John1 ) was born 11 February 1795, Mercer County, Kentucky (now Garrard County).[174](174) He died 26 May 1832 at the age of thirty-seven and is buried in Trimble Cemetery.[175](175) Harvey married Elizabeth McKinney, born 1 May 1790, daughter of David and Margaret (Wallace) McKinney,[176](176) 24 January 1816.[177](177) Elizabeth died 3 August 1833 at the age of forty-three and is buried near Harvey.[178](178) Harvey was one of five children of David and Elizabeth to receive a quarter section of land gift from his parents in August 1817.[179](179) They are listed in the 1820 census in Washington County.[180](180) After Harvey's death in May 1832, his brother Cyrus was appointed guardian to his seven infant children.[181](181) In July and August of the next year (1833), two of Harvey's children, David and Elizabeth Ann and his wife, Elizabeth died.[182](182) That was the time of a Cholera epidemic in Washington County that swept down into the upper Lost River valley where the family lived.[183](183) With five premature Finley deaths (including Samuel's wife, Martha) during a fifteen month period it seems likely Cholera could have been the cause. Over the next nine years, the guardianship of Harvey and Elizabeth's children changed several times, but Cyrus was involved in all but the final assignment for William, if not as guardian, then as surety. On 10 February 1835, Joseph Maxwell, Cyrus' brother-in-law, was appointed guardian of the remaining five orphans of Harvey and Elizabeth.[184](184) On 8 May 1843, Cyrus was reappointed guardian of Thomas, Mary and William and William Montgomery was appointed guardian of Margaret.[185](185) While on 12 August 1844, Cyrus was again appointed guardian of Mary Jane and David McKinney was appointed guardian of William.[186](186) Known children of Harvey and Elizabeth (McKinney) Finley include:[187](187) 48 i. Eliza Ann4 Finley, born 5 February 1817, died 22 August 1833, buried in Trimble Cemetery.[188](188) 49 ii. James Harvey Finley, born 31 March 1820, died 11 January 1860, buried in Orleans Cemetery.[189](189) 50 iii. David M. Finley, born January 1823, died 20 July 1833, buried in Trimble Cemetery. 51 iv. Thomas Jefferson Finley. 52 v. Margaret Emily Finley, born 9 August 1825, married William Montgomery 5 October 1842,[190](190) died 24 January 1870 and is buried in Trimble Cemetery.[191](191) Known children of Margaret Emily and William Montgomery include:[192](192) (a) Ida Beatrice Montgomery, died 18 March 1863, buried in Trimble Cemetery. (b) Louise J. Montgomery, buried in Trimble Cemetery. (c) Theofilus Montgomery, born 27 February 1845, died 15 February 1866, buried in Trimble Cemetery. (d) William F. Montgomery, born 14 August 1846, died 30 January 1879, buried in Trimble Cemetery. (e) female Montgomery, born about 1849. 53 vi. Mary Jane Finley, was licensed to marry Thomas W. Riley,[193](193) 7 November 1844. 54 vii. William Alexander Finley,[194](194) born 5 January 1831, married Elizabeth C. Lewis 21 December 1854;[195](195) died 2 June 1870.[196](196) 11. Mary3 (Polly) Finley (David2, John1 ) was born 9 June 1797[197](197) in Garrard County, Kentucky. She died 4 October 1842 in Orange County, Indiana at the age of forty-five. She married Joseph Maxwell, probably in Orange County, Indiana prior to 15 August 1817[198](198) for on that date she and Joseph received a gift of 160 acres from her parents.[199](199) Joseph Maxwell, son of James and ____ (Browne) Maxwell, was born 11 March 1795 in South Carolina. He died 26 January 1881 in Lawrence, Douglas County, Kansas where he had been living with daughters Martha Jane Lindley and Mary Elizabeth Newlin. The Maxwells removed to the Lost River area of Orange County in 1811 where Joseph grew to maturity and served with the Rangers to quell the Indians. He also served as a Justice of the Peace for many years. In 1832 when Cyrus was appointed guardian for the children of his brother, Harvey, Joseph acted as surety.[200](200) In 1835, Joseph Maxwell became guardian of the five living orphans of Harvey and Elizabeth.[201](201) Mary (Finley) Maxwell was one of four children who predeceased her father for it is "Mary Maxwell's heirs" listed in David's final settlement.[202](202) After Mary's death, Joseph remarried and had six more children. In 1866 he moved to Howard County, Indiana and in 1878 to Lawrence, Douglas County, Kansas where he lived with his daughters noted above. Children of Mary (Finley) and Joseph Maxwell, all born in Orange County, include:[203](203) 55 i. Almira4 Maxwell, born 1 December 1816; married John W. Tucker, 26 September 1833, Orange County.[204](204) 56 ii. Eliza Jane Maxwell, born 9 October 1818. 57 iii. James David Maxwell, born 14 February 1820, died 22 November 1831 in Orange County. 58 iv. America Ann Maxwell, born 25 January 1822, married William O. Jeter, 24 January 1850 in Orange County.[205](205) 59 v. Martha Jane Maxwell, born 23 September 1823; married Alfred Lindley, 9 January 1845.[206](206) 60 vi. Louiza Maxwell, born 25 September 1825, married Jonathan Dixon, 6 March 1845, Orange County.[207](207) 61 vii. Mary Elizabeth Maxwell, born 23 January 1828; married Mahlon H. Newlin, 15 January 1846.[208](208) 62 viii. Joseph Jefferson Maxwell, born 3 July 1830. He married Martha Jane Smith, 29 October 1852 in Paoli, Orange County. He died 12 May 1919 in Los Angeles, California. 63 ix. George Washington Maxwell, born 4 October 1832. 64 x. Cyrus Maxwell, born 1 January 1835; died 13 March 1873, Orange County.[209](209) 65 xi. Sarah Brown(e) Maxwell, born 16 September 1838. 66 xii. John Tucker Maxwell, born 1842. 12. Cyrus3 Finley (David2, John1) was born 25 November 1799 in Garrard County, Kentucky.[210](210) He died 14 December 1875,[211](211) David's only son to remain in Orange County and survive him. He married Rachel Downey on 17 December 1818.[212](212) Rachel was born 15 September 1795 and died 10 August 1856, probably in Orange County.[213](213) Both are buried in Green Hill Cemetery in Orleans, Orange County. At the time of his marriage he had already received a gift of 160 acres from his parents.[214](214) Cyrus was the one who assumed the family responsibilities when his brother, Harvey, died in 1832 leaving seven young children.[215](215) He was the one who made the somewhat unique agreement with his father in 1845 described above.[216](216) And he was the one who carried out David's wishes, administered his estate, and reported the final settlement in 1851.[217](217) Cyrus outlived his own three sons, James, David, and Merrill, so when Cyrus died 14 December 1875, intestate, his son-in-law, Gilead P. Lee, was appointed executor.[218](218) Named in his settlement were Eliza J. Lee, daughter; Cyrus E. Finley, grandson and son of Merrill Finley, deceased; Ellen R. Mahan and Merrill F. Finley, grandchildren and children of David Finley, deceased; Eliza Turley and Martha Mahan, grandchildren and children of James Finley, deceased. Known children of Cyrus and Rachel (Downey) Finley include the following:[219](219) 67 i. James4 Finley, born 31 March 1820; married Amanda Johnson about 1847; died 11 January 1860,[220](220) buried at Green Hill Cemetery, Orleans. Their children included:[221](221) (a) Eliza J. Finley, born about 1848, married Benjamin F. Turley, 19 March 1868 in Orange County.[222](222) (b) Martha Finley, born about 1853, married Worth Mahan, 13 January 1870 in Orange County.[223](223) 68 ii. David Finley, born 24 August 1821; married Elizabeth Tegarden, daughter of John and Lucinda (Irvine) Tegarden, 30 September 1847;[224](224) died 19 July 1854, buried at Green Hill Cemetery, Orleans.[225](225) Their children, all born in Orange County, included:[226](226) (a) Rachel E. Finley, born 21 November 1848[227](227) in Orange County; married John W. Mahan.[228](228) (b) Lucinda E. Finley, born 10 October 1850; died 2 February 1855;[229](229) buried in Green Hill Cemetery, Orleans. (c) Ellen R. Finley.[230](230) (d) Merrill F. Finley, born 6 January 1853; died 27 August 1893/1896;[231](231) buried in Green Hill Cemetery, Orleans. 69 iii. Merrill Finley, born 25 March 1827; married Sarah Marilda Wright, 4 January 1849;[232](232) died 28 July 1856, buried at Green Hill Cemetery, Orleans. Their children, all born in Orange County, included:[233](233) (a) Cyrus E. Finley, born 25 October 1851; married Mary (Nannie) J. Monyhan, 27 March 1870 in Orange County.[234](234) (b) Gilead E. Finley, born 18 December 1852; died 6 Janaury 1865; buried in Green Hill Cemetery. (c) Henry L. Finley, died 26 July 1856; buried in Green Hill Cemetery. (d) Eliza J. Finley, born 5 February 1855; died 5 September 1856; buried in Green Hill Cemetery. 70 iv. Eliza Jane Finley, married Gilead P. Lee, 16 September 1851.[235](235) Their children included:[236](236) (a) Sarah M. Lee. (b) Merrill S. Lee. (c) Carrie B. Lee. 13. Elizabeth3 Finley, (David2, John1) was born 8 February 1802, Garrard County, Kentucky and died 25 September 1889 in Bloomington, McLean County, Illinois.[237](237) She married John Holman Sneed, son of John and Sarah (Johnson) Sneed, 2 September 1817, in Lancaster, Garrard County, Kentucky.[238](238) Apparently, the Sneeds remained for a while in Garrard County after the Finleys had moved on to Indiana, for they are found there in the 1820 census.[239](239) However, on 28 June 1830, Elizabeth's parents deeded to the Sneeds, 20 acres of the land they (David and Elizabeth) were living on in Orange County, Indiana.[240](240) The Sneeds are also listed in the 1830 census of Orange County living near David and Elizabeth.[241](241) The known children of Elizabeth (Finley) and John Sneed are:[242](242) 71 i. John A.4 Sneed, born 1818, died 1818. 72 ii. Harvey F. Finley, born 26 September 1819, married Clarissa Kersey, died 15 April 1872. 73 iii. Rufus Sneed, married Mlle Lechene. 74 iv. Almira Sneed, born 8 January 1822, married S. Haley, died 4 November 1854. 75 v. Henry C. Sneed, born 26 May 1824, died 1863, buried at Ft. Snelling, Minneapolis, Minnesota. 76 vi. Benjamin Sneed, born 2 May 1826, married Elizabeth Boyd, died 27 June 1859. 77 vii. Isabella H. Sneed, born 29 October 1828, married John Dunks, died April 1871. 78 viii. John A. Sneed, born 10 December 1830, married Elizabeth Day, died 4 June 1877. 79 ix. Sarah E. Sneed, born 10 January 1833, married F. Wilson, died 2 October 1854. 80 x. James B. Sneed, born 10 March 1835, married Julia Taylor in 1864, died 30 May 1894. 81 xi. Mary J. Sneed, born 5 April 1837, married William McCoy, died 3 January 1899. 82 xii. David F. Sneed, born 10 August 1839, married Alice Hebden, died 18 August 1891. 83 xiii. Nathan Sneed, born 1842, married Adelaide Cannon. 14. Jefferson3 Finley (David2, John1), was born 16 May 1805,[243](243) in Garrard County, Kentucky. He died 19 November 1829 probably in Orange County, Indiana.[244](244) He married Miriam Brooks, 27 December 1825 in Orange County, Indiana.[245](245) She was born 4/5 November 1803 in Kentucky, the daughter of John Clark and Hannah (Sharrow) Brooks and died 12 December 1848 probably in Orange County.[246](246) After the death of Jefferson, Miriam remarried Andrew Tegarden in September 1832. He was born 15 March 1802, the son of Basil and Annie (Todd) Tegarden of Shelby County, Kentucky.[247](247) Jefferson, David and Elizabeth's youngest child, died at the age of twenty-four, leaving three young children. David made these three grand children his major beneficiaries (see details above in discussion of David and Cyrus). Jefferson was the first person to be buried in the Finley Cemetery in Orleans. Although Miriam Brooks remarried after his death, she is buried beside Jefferson in the Finley Cemetery. The children of Jefferson and Miriam (Brooks) Finley are: +84 i. Josephine4 Finley, born 20 January 1827,[248](248) probably in Orange County. +85 ii. Samuel Finley, born 10 July 1828,[249](249) in Orange County.[250](250) +86 iii. Elizabeth F. Finley, born 10 April 1830,[251](251) probably in Orange County. 15. Reuben Jefferson3 Finley (Thomas2 Finley, John1 Finley) was born 31 March 1783 in Montgomery County, Virginia (now Wythe County), the son of Thomas Finley and Catherine Kinder.[252](252) He died on 9 August 1837 in Overton County, Tennessee.[253](253) Reuben married Nancy (McCully) King in Hawkins County, Tennessee on 7 May 1807.[254](254) Reuben was reared by his mother and Andrew Swallow whom she married in the Spring of 1785. Swallow saw Revolutionary War service, both in Pennsylvania, where he was born, and in North Carolina and Virginia after his move to Montgomery County (later Wythe) around 1780. After his marriage, the family moved to North Carolina and then to Overton County, Tennessee. He was living in Overton County in September 1832 when he made application for a pension. In those papers, Reuben is listed as the oldest child. They stated his birth date as 2 March 1783, somewhat at variance with existing bible records.[255](255) In November 1814, Reuben was drafted in Hawkins County, for the War of 1812 and was discharged at Knoxville, 14 May 1815. He was a Sargeant under Captain Slaten in a Regiment commanded by Colonel Baley in General Colter's Brigade.[256](256) Sometime between September 1818 (birth of daughter, Rhoda) and January 1821 (birth of daughter, Polly) the family moved to Overton County. Reuben obtained land grants in Overton County between 1825 and 1839 totalling 250 acres.[257](257) After the death of Reuben's father, Thomas, in December 1831, Alexander Hunter, executor of the estate, apparently tried to locate Reuben. A letter written by Hunter, dated 19 June 1833 explained he had made inquiries of the deceased's brother in Kentucky, to no avail. However, word apparently did reach Reuben, for he wrote to the Ordinary at Abbeville Courthouse to make his whereabouts known. Hunter invited Reuben to visit his stepmother, Jane (Clark) Finley in Abbeville and expressed the opinion she might be willing to give him some of her property before her death. "She has more property than is really useful to her at present. She sometimes adressed a desire that youd move here & live near her."[258](258) Whether Reuben made this visit is not known. However, Reuben never saw any of the property his father left him for he died soon after, on 9 August 1837 at the age of 54,[259](259) and Thomas' widow, Jane (Clark) Finley was still living at that time. The confusion that ensued is continued in the section on Reuben's son, Thomas Milton Finley below. Nancy lived for some years after Reuben's death and on 16 August 1852, she made a deposition for the purpose of claiming bounty land to which she was entitled for his service in the War of 1812.[260](260) She received a warrant for 80 acres. When a new act of Congress was passed in March 1855, she reapplied for additional bounty land to which she might be entitled.[261](261) Thus she was still alive and still a widow on that date, 23 June 1855. The children of Reuben Jefferson and Nancy (McCulley, King) Finley were:[262](262) +87 i. Thomas Milton4 Finley, born 16 November 1808, Hawkins County, Tennessee. 88 ii. Isaac Newton Finley, born 6 June 1811, Hawkins County, Tennessee; married Elizabeth Conaster, 25 December 1835, Overton County, Tennessee; died 30 August 1890, Overton County. 89 iii. William Orville Finley, born 16 January 1814, Hawkins County; died 1 November 1832, Overton County. 90 iv. Granville Huston Finley was born 16 June 1816 in Hawkins County, Tennessee.[263](263) On 3 April 1851 he married Mary Maxey in Jackson County, Tennessee.[264](264) At some time after the death of his brother, Thomas Milton, he continued the quest for the family legacy and just prior to his marriage, 4 March 1851, he received a letter from Alexander Hunter urging him to get everything in order so that the estate could be settled.[265](265) Finally, on 15 May 1851, Granville received a letter from Hunter instructing him to bring papers with him and plan to meet with the Court of Equity the second Monday in June.[266](266) Final settlement is not apparent from the existing records. Granville was a doctor and served the Confederate cause during the Civil War.[267](267) He died September 1862.[268](268) 91 v. Rhoda Finley, born 15 September 1818, Hawkins County, Tennessee; married Robert Oakley, 4 January 1838, Overton County; died 2 February 1890, Overton County. 92 vi. Mary Ann (Polly) Finley, born 29 January 1821, Overton County; married Ahi Deck, 2 April 1846, Overton County. 93 vii. Jane (King or Katherine) Finley, born 18 February 1823, Overton County; married William Walker; died 19 September 1891 possibly in Arkansas. 94 viii. Reuben Jefferson Finley, born 2 May 1826, Overton County; married Henrietta Lora Walker, 2 July 1846. He was a confederate soldier in the Civil War. He was shot by three Yankee Bushwackers and died 26 January 1865, Overton County. 95 ix. Nancy Ann Finley, born 5 March 1833, Overton County; died 29 September 1949, Overton County. _________________________________________________________________ GENERATION FOUR