Franklin County Virginia USGenWeb Archives Court.....Ferguson, Alexander 1889 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/va/vafiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Donna Newman centavo@lserv.com November 15, 2018, 9:51 pm Source: Henry Board Etc Vs Heirs Of Alexander Ferguson Written: 1889 Franklin County (Va.), Chancery Causes 1787-1929, Henry Board etc. vs. Heirs of Alexander Ferguson etc., 1889-026 at Virginia Memory (http://www.virginiamemory.com). Alexander Ferguson's will (pp. 227-230) was admitted to probate in Franklin County, Virginia on 5 January 1818 and a Chancery suit instituted almost 60 years later helps to identify and locate many of his descendants. The suit was filed on 22 February 1875 by Alexander's grandsons Henry Board and Eli Ferguson, who stated that the land devised by Alexander to his son Eli had been fraudulently acquired by others and was now held by Mark Perdue and George Divers. According to Alexander's will, Eli's land was to revert to the other heirs if he died without issue but this reversion was not to occur until after the death of Eli's widow. Eli conveyed this land and "considerable personal property" to John Starkey in May 1827 in trust to secure a debt to his brother Stephen. Eli died later that year (see Notes), leaving no children. Starkey sold part of Eli's land to Thomas Ferguson and part to Stephen Ferguson, with Eli's widow Nancy retaining possession of the remainder until her death in 1864 or 1865. George Divers claimed the first parcel as alienee of Thomas Ferguson's heirs and Mark Perdue claimed the latter two parcels as alienee of Stephen Ferguson's heirs. The Court found in favor of the plaintiffs, affirming that the land reverted to Alexander Ferguson's other heirs following the death of Eli's widow. As the land could not be equitably partitioned, it was sold at public auction in August 1881 to the highest bidder, John H. Ferguson (see Notes). Descendants of Alexander Ferguson Alexander's heirs-at-law are named in four separate documents in this record, with minor variations in the information they contain, i.e., the original petition; the October 1886 deposition of Silas W. Chambers, who was married to Alexander's great-granddaughter Arena and provided more detail on some of the descendants; and two reports completed in about October 1886 by the commissioners, one naming heirs and the other naming distributees (see Notes). The latter report is only a determination of the amount to which each of the named heirs was entitled, there are no receipts to indicate which of them laid claim to it. Alexander had ten children but son Eli left no heirs and there were no distributions earmarked for the three children said to have been long gone from Virginia and about whom nothing further was known - Patsy Donahue, Sucky Short and Daniel Ferguson. The heirs of each of the six remaining children - Polly Board, Elizabeth Smith, Thomas Ferguson, Alexander Ferguson, Stephen Ferguson and Noah Ferguson - divided a 1/6 share. Alexander's children are shown in the order they appeared in the heirs report but they are ordered differently in the petition and in Silas Chambers' deposition so this is not an accurate reflection of their birth order. Where the given name of an heir or spouse was blank or the information was inconsistent, a search of records available at Ancestry.com was done to try and fill in the gaps. No attempt has been made to exhaustively research these heirs and the information below is not meant to be conclusive. It is offered here in the event other researchers tracing Alexander's descendants may find it useful. 1st - Patsey Ferguson, married Patrick Donahue and removed to the West a great many years ago and has not been heard from for more than thirty years. She was named as Martha Donaho in Alexander's will. --- 2nd - Sucky Ferguson, married Thomas Short, moved West over forty years ago, both died in Tennessee leaving children unknown. She was named as Susanna Short in Alexander's will. Possibly relevant: the January 1830 deposition of Alexander A. Short, "about age 29" in Smith County, Tennessee in a suit filed by Eli Ferguson's administrator. --- 3rd - Polly Ferguson, as "Mary Board, deceased" in her father's will. Husband reported as Henry or James Board but her marriage record shows it as James. Son Henry was one of the plaintiffs and the only heir identified by name as the other children had moved West many years previously and died leaving unknown children. * Henry Board, plaintiff, died on 17 July 1880; the first eight children listed below were attributed to Polly Board in the heirs report but all twelve were named as Henry's heirs in the distributees report: o Eli Board o Willis Board o Benjamin Board o Thaddeus Board o Catherine Board; husband is shown as Alfred N. Beckner but this is contradicted by other records which are also inconsistent, i.e., a marriage record for Catherine Board names the groom as Jacob Beckner but one for Alfred N. Beckner shows his parents as Joel Becknel and Catharine Borde. o Nancy Board, married William J. Meade; Nancy's given name comes from the 1880 Franklin Co. census in which her parents were part of the household. o Sallie Board, married Jacob Sink whose given name comes from their marriage record; she was first married to Laban Childress. o Stephen Board o Robert Board o Wiley Board o Polly Board, married Joseph Horsley; only Polly was named so she may have been widowed; husband's given name comes from their marriage record. o Jubal Board --- 4th - Daniel Ferguson, moved to the West about forty years ago, not heard from since. --- 5th - Elizabeth Ferguson, married William Smith, both deceased leaving the following children; the last three daughters were named in the petition as children of Elizabeth Smith Poindexter and said to have moved West years before but the maiden name was Smith on their marriage records: * Stephen F. Smith, died without issue. * John or Thomas Smith; Thomas Smith was presumed to be living in either Floyd or Montgomery Co. but a summons could not be executed in either. * Samuel Smith, moved away from Virginia years ago. * William H. Smith, moved away from Virginia years ago. * Fannie Smith, married Peter Booth, moved West years ago. * Polly Smith, married Kemuel Gilbert, both deceased, unknown children. * Elizabeth Smith, married Thomas Poindexter, husband's given name comes from daughter Nancy's death certificate; both deceased with the following issue: o Nancy Poindexter, married George W. English; widow. o Mary Ann Poindexter, married John Starkey, residence Franklin Co. o Stephen F. Poindexter, residence Franklin Co. o Thomas Poindexter, residence Danville. o Cephas Poindexter, residence Franklin Co. o John Poindexter, residence Franklin Co. o Babe Poindexter, residence Franklin Co. * Nancy Smith, married Andrew Holland, both died leaving some children who moved away from Virginia many years previously, known heirs named below; Nancy's mother was variously shown as Elizabeth Smith Poindexter and Elizabeth Ferguson Smith but her marriage record confirms the latter. o Christopher C. Holland, summons served in Danville. o William alias John W. Holland, summons served in Danville. o Julia Harriet Holland, married Joseph L. Mathews. * Martha D. "Patsy" Smith, married Thomas J. Holland. * Sarah P. Smith, married Wright Smith. * Julia A. Smith, married John Craghead. --- 6th - Thomas Ferguson, died in May 1850 (mortality schedule), leaving the following issue: * Josiah Ferguson, died on 27 August 1878, leaving the following children: o John Card. Ferguson o Charlotte Ferguson, married B. G. Garrett. o Stephen Ferguson o Benjamin Ferguson, non-resident. * Louisa Ferguson, married Melchisadeck "Deck" Earley; moved West and both deceased, children unknown. * Dogie Ferguson; residence Hunnicutt, Barren Co., Ky. * Alexander Ferguson, died after April 1875 when a summons was served on him in Franklin Co.; left one child: o Jubal E. Ferguson, left the state about 3 years ago (c1883) * Thaddeus C.S. Ferguson, deceased, widow Anne and children, residence Lynchburg; Thaddeus was still living in February 1875 when the suit was filed. * Armistead Ferguson, died in Calif. 5-6 years ago (c1880/1), children unknown. * Polly Ferguson, husband shown variously as George or John Law, marriage record shows it as John; both deceased, one child: o George W. Law, referenced but not specifically named in this record; he was deceased with two children according to a letter received in January 1884 by plaintiffs' attorneys (pp. 119-120): G. W. Law, age 19, wrote from Jonesburg, Montgomery Co., Mo., "[i]n reply to a notice received by Mr. Poindexter," that he and his (unnamed) 15-year-old brother were the only living children of G.W. Law. George W. Jr. and his younger brother Robert were shown in their father's 1870 Callaway Co., Mo. household, which also included Mary Law, age 65 (see Notes). * Julia Ferguson, married Christopher Taylor and died leaving the following children: o John Otey Taylor, residence Lynchburg; John married his second cousin, Mary, the daughter of Thomas Ferguson and granddaughter of Alexander Ferguson Jr.; "died recently" leaving one child: - Boothroyd Taylor, as Boothroy. o Rhoda A. "Mitt" Taylor, married John W. Price; Rhoda's full given name comes from her marriage record; summons served in Franklin Co. o Emma Chester Taylor, married James W. Helm, full given names from their marriage record; residence near Locust Grove, Va. o Zachary Taylor, believed to be living in Lynchburg when suit began but not named in distributees report. o Sallie Taylor, married Gideon Kean, died without heirs but Gideon still living. --- 7th - Alexander Ferguson who died leaving the following issue: * Lorenzo Ferguson, non-resident and not heard from for more than 30 years. * Otey Ferguson, died leaving the following issue: o Ellen Ferguson, married Alex Asberry; residence Roanoke. o Alexander Ferguson, died 20 years ago in Missouri (c1866), left children. o Sarah Ferguson, married [?] Frailin, both dead; left three children, names unknown. o Daniel Ferguson; residence "County seat, Calloway Co. Missouri." o Arena Ferguson, married Silas W. Chambers. o Otey Ferguson, died, one child, name and whereabouts unknown. * Mary Ferguson, married Anthony Simmons, both deceased with the following issue: o Sarepta Simmons, married John G. Meadows. o Sparrel Simmons o Lemuel Simmons, died leaving two children: - Ella Simmons, married William P. Burkholder. - Samuel Simmons, non-resident. * Elizabeth Ferguson, married John Starkey, husband's given name comes from their marriage record; widow. * Nancy Ferguson, married William Smith, husband's given name comes from their marriage record; non-resident many years and nothing known of her. * Sallie Ferguson, married John Childress, husband's given name comes from their marriage record; moved to Arkansas about 45 years ago (c1841), both deceased. * Mildred "Milly" Ferguson, married John Divers, husband's given name comes from their marriage record; moved West, both dead. * Thomas Ferguson, died leaving following children: o Maria Ferguson, married Charles W. Statham; residence Lynchburg. o Mary Boothroyd Ferguson, full name comes from her gravestone (see Notes), appeared in record only as "wife of Jno O Taylor;" "died leaving one or two children": - Boothroyd Taylor (see entry under John Otey Taylor, above). - Leonard Lyne, child from Mary's first marriage, not named in record but referenced by Silas Chambers in his deposition. Mary, her husband Leonard H. Lyne and their son Leonard were shown in Thomas Ferguson's 1860 household. o Calvin Wood Ferguson, deceased, child or children names unknown; full name comes from his memorial marker (see Notes). --- 8th - Stephen Ferguson, died on 9 October 1853, left widow Ellen C. and the following children; Ellen was Stephen's second wife, with whom he had four children, three of them surviving into adulthood: * Mark Ferguson, died without issue. * Sarah J. Ferguson, married Henry C. Dillon. * Mary P. Ferguson, married Jeffrey Granville Robertson and they are somewhere in the West; husband's given name comes from their marriage record and Montgomery Co., Mo. census records. * Carroll Ferguson, non-resident, named in heirs report only. * Elizabeth Ferguson, married Peter L. Holland, husband's given name comes from daughter Mary's marriage record; died with the following issue: o Thaddeus H. Holland o John H. Holland o Hewitt Holland o Lewis Holland o Timothy Holland o William or Buck Holland o Letitia Frances "Fannie" Holland, married Sparrel Dudley; first name comes from her marriage record. o Mary C. Holland, married William Dillon. o Ann Holland, married Gwinn T. Dudley, husband's given name comes from their marriage record; non-resident. o Sarah B. Holland, married William T. English, husband's given name comes from their marriage record. o Eliza G. Holland, married Henry Thomas Smith, Eliza's given name comes from their marriage record. o Flora A. Holland, married Rufus J. W. Houseman, given names come from their marriage record. * Eliza Ann Ferguson, married J. S. Shaon; annotated "Mark Perdue admr as assignee" in distributees report. * James Ferguson, non-resident. * William Mayberry Ferguson, non-resident; annotated "Mark Perdue admr as assignee" in distributees report; William's wife was shown as Sarough J. in the deed from Stephen Ferguson's heirs to Mark Perdue (pp. 171-172). * Stephen Ferguson, residence Bedford Co. * Green Ferguson, non-resident for years and presumed dead. --- 9th - Noah Ferguson, deceased, left several children but only Eli is named; Noah conveyed his interest in Alexander Ferguson's estate to Eli by deed dated 14 January 1865 (see Notes). * Eli Ferguson, plaintiff, deceased by October 1886; children's residences come from an undated list of Eli's heirs: o Stephen F. Ferguson, residence Franklin Co. o Thomas A. Ferguson, residence Franklin Co. o Theophilus Nash Ferguson, residence Roanoke, first name comes from his death record. o Noah Burton Ferguson, residence Roanoke, full given name comes from his death record. o Mahala Jane "Puss" Ferguson, married William Trent, residence Franklin Co.; given name comes from her marriage record. o Mary F. Ferguson, married James Robertson, residence Franklin Co. o Eliza Ann Ferguson, deceased; married to Whirley or Whorley Basham and Samuel H. Houser, whose given names come from their marriage records: - Mary Frances "Fanny" Basham, married Griffin D. Jeter, residence Franklin Co.; full birth name comes from her marriage record. - Mahala Ann S. Basham, married Benjamin F. Black, residence Roanoke; full birth name and husband's correct given name come from their marriage record. - Henry Basham, residence Floyd Co. - Amanda Josephine Houser, married William H. Basham; full birth name comes from her marriage record. - Thomas D. Houser - Nancy J. Houser, deceased two years ago, no children. Additional Comments: Notes: Henry Childress, administrator of Eli's estate, filed the first of several Chancery suits against Stephen Ferguson and John Starkey on 3 December 1827 (Franklin County, 1835-014, pp. 2-3). Eli's widow Nancy was the daughter of Robert Childress and the sister of Abraham and Henry (Franklin County, 1836-024, Admr of Eli Ferguson, etc. vs. John Starkey, etc., pp. 7, 36-37). In the deposition of John H. Ferguson he stated he was the son of Ellen, Stephen Ferguson's widow, and born since Stephen's death. He was not named as one of Stephen's heirs. Petition is on pp. 6-11 and p. 2 (continuation of p. 11, bottom half of the page is torn away); deposition of Silas Chambers is pp. 143-146; heirs and distributees reports on pp. 91-100. George W. Law's Findagrave.com memorial page, #88109314, does not have a gravestone but has a biography that includes his tragic death. Gravestone for Mary Boothroyd Taylor (1830-1879), Findagrave.com memorial #64704157, inscribed "Mary Boothroyd, wife of John Otey Taylor and daughter of Thomas Ferguson." Calvin Wood Ferguson (1821-1868) is named on a memorial marker for "Children of Thomas & Elizabeth Ferguson," Findagrave.com #64387898. The deed from Noah Ferguson to son Eli is not included in this record, only referenced in the petition (p. 9). File at: http://files.usgwarchives.net/va/franklin/court/ferguson13wl.txt This file has been created by a form at http://www.poppet.org/vafiles/ File size: 16.7 Kb