ROBERT AND JAMES FINLEY OF AUGUSTA COUNTY, VA. By Carmen J. Finley, Ph.D., C.G. [Published in The American Genealogist, Vol. 66, No. 4, October 1991, pp. 239-246] During the period from the late 1730s through the early 1800s there were numerous Finleys in Augusta Co., Va., many bearing the same given names. For at least three generations the given names of John, James, Robert, George and William appeared with such frequency it is difficult to determine the exact relationships. Some Finleys with identical names seem hopelessly intertwined; others, through careful study and by tracing documents that chain their various locations together, can be identified properly. By accounting for those that can be identified, the overall problem of assigning the various Finleys to the correct family units can be reduced to more manageable units. A previous paper demonstrated this principle by distinguishing between two George Finleys, both sons of a different John Finley (Carmen J. Finley, "The George Finleys of Augusta County, Va.," TAG 64 [1989]:216-225). The purpose of the present paper is to similarly define the lives of a Robert and a James Finley, brothers. Robert lived in Augusta Co. from the early 1750s until his death in the early 1760s. His brother, James, appeared in Augusta Co. to settle Robert's estate and moved on to Bedford Co., Va., about 1768. By accounting for them, it is possible to reduce the number of remaining records in Augusta Co. belonging to other Roberts and James Finleys. ------------------------------------------------------------------------ ROBERT FINLEY OF STAUNTON, AUGUSTA CO., VA. The first record found for Robert Finley, merchant, was dated 15 August 1753, when he purchased three half acre lots in Staunton from Andrew Lewis and Robert McClenehan (Lyman Chalkley, Chronicles of the Scotch-Irish Settlement in Virginia, Extracted from the Original Court Records of Augusta Co. . . . [Roslyn, Va., 1912], hereafter Chalkley, 3:316). For the next six years, he rented, leased, bought and sold property in and around Staunton (Chalkley, 3:323, 3:324, 3:338, 3:357, 3:359). He was variously referred to as "merchant," "of Staunton," and "King of Peddlers," in the Fee Books of 1754 (Chalkley, 2:398). His property was located in north central Beverley Manor very close to the border line and adjacent to properties of Felix Gilbert and William Preston, who are mentioned in his property descriptions (J.R. Hildebrand, "The Beverley Patent. 1736; including original grantees, 1738-1815 in Orange & Augusta Counties, Va.," map inserted in Howard M. Wilson, The Tinkling Spring. . .[Verona, Va., 1974]). This Robert Finley died sometime prior to 16 Nov. 1763, for on that date, his brother, James, was appointed administrator of his estate (Chalkley, 1:110). Subsequent records involving the settlement of Robert's estate give a prior location and additional information about his brother, James. This information may eventually contribute to the task of unraveling other Finley relationships in Augusta Co. ------------------------------------------------------------------------ RESIDENCE PRIOR TO AUGUSTA CO. A key document in determining from whence the brothers Robert and James came was found in the settlement of Robert's estate in November 1766. Expenses had been allowed for traveling from Carlile (Carlisle, Cumberland Co., Pa.) in the amount of 2, 9d. (Chalkley, 3:96). Cumberland Co., Pa., records showed that on 28 April 1764, James Finley of Carlisle, administrator for Robert Finley, deceased, had sold to Samuel Rippey of Shippensburg, Cumberland Co., 500 acres in Guilford Twp., late the property of Robert Finley (Cumberland Co., LR 2A:227). Tax lists available for the years 1753, 1762, 1763 showed a James Finley living in Guilford Twp. (Merri Lou Schaumann, Cumberland County Tax Lists [Carlisle, Pa., 1974] pp. 18, 29, 39). He disappeared from Guilford tax lists after 1763 and in 1765 through 1767 James handles the appraisement and sale of Robert's estate in Augusta Co. (Chalkley, 3:89, 3:431, 3:437, 3:448, 3:454, 1:333, 1:348). One of the documents executed in the Spring of 1766 identified James and Agnes, his wife, as "of Staunton" at that time (Chalkley, 3:448). In another key document, executed in October 1765, John Finley acknowledged receipt of money from his father, James Finley, an inheritance of 24 from the estate of his "onckall," Robert Finley (Chalkley, 3:437). ------------------------------------------------------------------------ JAMES AND AGNES FINLEY IN BEDFORD CO., VA. Finley records first started appearing in Bedford Co. (formed 1753 from Albemarle and Lunenburg Cos.) in 1768. In October of that year, James Finley was exempted from paying levies for the future (Bedford Co. Order Book 3:471). On two occasions shortly later, he appeared in court for having "misbehaved" (Bedford Co. Order Book 3:529, 554). In the second instance, Robert and Samuel Finley provided securities in the amount of 10. Agnes was identified as the wife of James when their daughter, Elizabeth, spinster, was named in a marriage bond to Hugh Carr, 15 Sept. 1772 (Earle S. Dennis & Jane E. Smith, Marriage Bonds of Bedford County, Virginia, 1755-1800, [n.p., c1932], hereafter Bedford Co. Marr. Bonds., p. 15). The first recorded land purchase found for James Finley was 20 July 1778 when he purchased 50 acres from George Walton of Prince Edward Co. This property was described as on a branch of Beaverdam Creek "being the land whereon the sd. James Fendley formerly lived & binding on the sd. Findleys own line," (Bedford Co. LR 6:123). This, of course, implies an earlier purchase for which no record has yet been found. James Finley was also involved in two sales of property prior to this date. On 18 Nov. 1774, he sold 161 acres to Samuel Finley "on waters of Cats Creek Beg. at Masons line," (Bedford Co. LR 5:294). A modern day map of Bedford Co. shows Kate's Creek to be a tributary of Beaverdam not far from its confluence with the Roanoke River ("Bedford Co., Virginia," [reprint of the 1931 map by S.S. Lynn amended to show modern routes and sights] [Hamilton, Va., 1986]). James Finley sold a second parcel of 243 acres to Samuel Finley on 18 Dec. 1778 (Bedford Co. LR 7:113). This property was referred to as "part of a tract of land granted to Robert Finley by patton [i.e., patent] 1771 being part of a tract of land of 323 a. in Bedford upon N. fork of Beverdam Creek . . ." (Robert Finley had patented 323 acres on the "East branches of Beaver Dam Creek" on 16 March 1771 [Virginia State Land Patents & Grants, 1623-1921, LDS film #7116, part 50, p. 374.]). James died sometime prior to 22 Aug.1785, for on that date, John Armour Finley, eldest son and heir at law of James Finley, deceased, refused to administer his father's estate. In his stead, Samuel Finley was granted papers of administration (Bedford Co. Order Book 8:192). Items in his inventory, (i.e., pins, chintz, cambrick, black silk, Irish linen, sundry remnants of ribbon, tape, etc.) strongly suggest he must have been a tailor (Bedford Co. PR Will Book 1:499). Known children (FINLEY) of James and Agnes (--), b. prob. in Pa.: 2 2 i. JOHN ARMOUR2, b. prob. mid 1740s; m. (1) MARY--, (2) ELIZABETH--, and (3) poss. BETHANY. 3 ii. ELIZABETH m. HUGH CARR, 15 September 1772, (Bedford Co. Marr. Bonds p. 15). Probable children of James and Agnes Finley include: 4 iii. DAVID, b. prob. in or by 1748. 5 iv. ROBERT, b. prob. by 1750. 6 v. SAMUEL, b. prob. by 1750. 2. JOHN ARMOUR2 FINLEY (James1) was probably born in the mid 1740s for he inherited property from his "onckall" Robert's estate in 1765 while living in Augusta Co. (Augusta Co. LR 12:400). He was married at least twice and possibly three times. A wife, MARY, mother of daughters Sarah and Elizabeth, was named in 1783 (Bedford Co. LR 7:229). He married ELIZABETH COOK on 21 May 1785 (Bedford Co., Va., marr. bond and return, LDS film, Salt Lake City; William Wade Haunch, Encyclopedia of American Quaker Genealogy, 6[Ann Arbor, Mich., 1950]:915). In December 1786, wife BETHANY, was named in a deed transaction (Bedford Co. LR 7:717). (Given the closeness in dates, it is at least possible that Elizabeth and Bethany were the same person.) On 9 April 1767, shortly after inheriting money from Robert's estate, John Armour Finley "of Albemarle" Co. bought 249 acres on both sides of Rownding Branch for 18 (Albemarle Co. LR 4:358). He must have lived in Albemarle Co. for a relatively short period of time (the property was sold in 1773 [Albemarle Co. LR 6:340]) for within three years of the date of his purchase, he was acquiring property in Bedford Co. Records for the Council of Colonial Virginia show John Armour Fendley in court on 13 June 1770: John Armour Fendley having entered a Caveat against James Fendley for four hundred Acres in Bedford on Goose Creek, the Plaintif appearing and the Defendant having been summoned and not appearing, it is ordered that the Plaintif have a Patent for the said land. The same having entered a Caveat against James Fendley and Patrick Evans for two hundred and fifteen Acres in Bedford on the North branch of Bever dam, it is ordered for the same reason that the Plaintif have a Patent for the said land. (Benjamin J. Hillman, ed., Executive Journals, Council of Virginia, 6 [Richmond 1966],:351). The 215 acres on Beaverdam was patented to John A. Findley on 1 May 1775 (Virginia State Land Office, Patents & Grants Index, Bedford Co., LDS film #0029309). Further records for John Armour Finley were not found until 1783 when he and his wife, Mary, made a gift of personal property to daughters Sarah, and Elizabeth (Bedford Co. LR 7:229). Also in 1783 he leased 50 acres on Beaverdam to Isaac Berry (Bedford Co. LR 7:231). In April 1785, he deeded 365 acres to Robert Mead (Bedford Co. LR 7:505). In December 1786, John Armour Finley and his wife, Bethany, of Bedford Co. deeded 250 acres on Beaverdam to Avery King (Bedford Co. LR 7:717). John Armour Finley is clearly identified as the eldest son of James Finley in 1785 when he refused to administer his father's estate. In his stead, Samuel Finley was appointed (Bedford Co. Order Book 8:192). Records for John Armour Finley disappear after 1786, although a 1787 survey for Samuel Fendley on Beaverdam Creek, refers to John Fendley's line (Bedford Co. Surveyor's Record #2, 1754-1795, p. 506). Known children (FINLEY)of John Armour 2 and Mary (--): i. SARAH3 b. prob. Va. in the late 1760s. ii. ELIZABETH b. prob. Va. in the late 1760s. 4. DAVID2 FINLEY (?James1) was probably born in Pennsylvania in 1748 or earlier, since he purchased land in 1769. The earliest record of any Finley acquiring land in Bedford Co. was on 23 Aug. 1769, when David Finley purchased 100 acres on Bandy (Baudy?) Camp Creek from Thomas Ballard (Bedford Co. LR 3:335). Body Camp Creek is a tributary of Goose Creek about 10 miles northeast of Beaverdam where James and Agnes settled. Recall also, that John Armour Finley acquired land on Goose Creek in 1770. Less than two years later, David sold his land to John Murphy (Bedford Co. LR 3:529). David also appeared in the court records of Bedford Co. a number of times between 1769 and 1774, primarily as a witness or as a jury member in the affairs of other persons (Bedford Co. Order Books 3:553, 3:631, 5a:32, 5b:293, 6:34). In 1774, he brought suits against Benjamin McCraw, William Mead, and John Hook for debts owed him (Bedford Co. Order Book 5b:40). There are two court records showing a connection to other Finleys in the area. David appeared as a member of the jury in the case of Finley v. Pate (Bedford Co. Order Book 3:553). While the given names of Finley and Pate were not provided, it should be noted that various Pates were prominent both as witnesses and as grantees in dealings with James and Samuel Finley (Bedford Co. LR 5:294, 5:359, 7:113, 7:118). In addition, Thomas and Matthew Pate served as appraisers, along with David Holladay, of the estate of James Finley, 24 Oct. 1785 (Bedford Co. PR Will Book 1:499). Because of his close association with other Finleys in Bedford Co. and because his first appearance coincided with those Finleys, it seems likely that David is a member of the family. 5. ROBERT2 FINLEY (?James1) was probably born in Pennsylvania by 1750. He died, probably in Bedford Co., Va., before 26 June 1775 (Bedford Co. LR 5:359). On 16 March 1771, Robert Findley patented 323 acres on Beaverdam Creek (see above). This Robert died prior to 26 June 1775, when Samuel Finley sold 160 acres on Cats Creek to Thomas Peate, and it was described as part of a patent granted to Robert Finley, deceased (Bedford Co. LR 5:359). On 18 Dec. 1778 James Finley sold 243 acres on Beaverdam Creek to Samuel Finley, the description also stating it was part of Robert Finley's 1771 patent of 323 acres (Bedford Co. LR 7:113). While there clearly are some missing documents explaining the exact succession of Robert's land, both James and Samuel Finley came into possession of portions of what Robert had owned. In addition, recall that Robert Finley was one of the persons who appeared in court and provided sureties for James Finley in 1769 (Bedford Co. Order Book 3:554). For these reasons, it is believed that Robert was also a member of the family of James and Agnes Finley. 6. SAMUEL2 FINLEY (?James1), was probably born in Pennsylvania by 1750. Samuel's first appearance in the records of Bedford Co. was when he and Robert Finley appeared in court in 1769 to provide sureties for James Finley (Bedford Co. Order Book 3:554). His first purchase of land was made from James Finley on 18 Nov. 1774 when he bought 161 acres on Cats Creek (Bedford Co. LR 5:294). On 28 April 1778, Samuel bought 200 acres on Beaverdam Creek from George Walton of Prince Edward Co. (Bedford Co. LR 6:140). This was less than three months before a similar purchase made by James Fendley (Bedford Co. LR 6:123). By 1782, Samuel had moved on to Montgomery Co., Va. for on 26 Feb., when he sold 297 acres to Thomas Pate, Samuel was described as "of Montgomery County." The property was described as being a place where James Finley formerly lived together with 50 acres of land which the said James Finley purchased of George Walton (Bedford Co. LR 7:118). In addition, an entry and survey were found for Samuel for 110 acres on Walker's Creek in Montgomery Co. (now Bland Co.) in July 1782 and February 1783 (Virginia State Library, Reel 33, B:57). However, this property did not remain long in Samuel's hands since it was delivered to Thomas Dun Jr. on 15 Oct.[?] 1786 (Montgomery Co. Survey Book B:180). It was Samuel who was named executor of the estate of James Finley in 1785 when John Armour refused to accept the responsibility (Bedford Co. Order Book 8:192). The evidence strongly indicates that Samuel was the son of James and Agnes Finley. ------------------------------------------------------------------------ THE SAMUEL AND DAVID FINLEYS OF AUGUSTA, BEDFORD, AND MONTGOMERY COUNTIES, VA. One advantage of studying families with a common surname in a common location is that as information accumulates, it is possible to draw conclusions about some of the individuals who have common given names. At this point, it is possible to distinguish among three Samuels and three Davids found in Augusta, Bedford and Montgomery Counties. The earliest citation found for a Samuel Finley in Augusta Co. was in 1749. This Samuel was then living at Jackson's on the James River (Chalkley, 1:301). Nothing further was found for any Samuels in Augusta Co. until the 1790s and early 1800s when a Samuel Finley was found associated with the South River Finleys (Chalkley 1:285; 2:126, 212, 310, 317, 339, 344, 355; 3:187, 222, 223). Stout believes him to be the son of Robert and Martha (Henderson) Finley (Herald F. Stout, The Clan Finley, 2nd ed., 2 vols. in 1, [Dover, Ohio, 1956], hereafter, Stout, 1:61). However, there was a Samuel Finley in Montgomery Co. at least as early as 1779, and most likely as early as 1773 since his parents, John and Mary Finley, moved there in 1772-73 from Prince Edward Co., Va. On 30 March 1779, he and his brother, David were named heirs to the estate of their parents, John and Mary Finley (Carmen J. Finley, "David Finley (1754-1848): Correcting the Record," NGSQ 76[1988]:112-120,). The Bedford Co. Samuel, probable son of James and Agnes, who later moved to Montgomery Co. had to be older than Samuel, son of John and Mary. Samuel of Bedford was rescuing his father, James, from court in 1769, indicating a birth date probably in the late 1740s. Samuel of Montgomery Co. was most likely younger than his brother, David, since all documents involving their joint ownership and settlement of their parent's property referred to "David and Samuel Finley" (NGSQ 76:115); David was born in 1754 (NGSQ 76:116). Through the current paper and its predecessor in NGSQ, three separate and distinct David Finleys have been identified. They are, by age, from oldest to youngest: David of Bedford, probable son of James and Agnes; David of Montgomery, son of John and Mary; and David of Augusta, son of John and Thankful. David of Bedford appeared in court as early as 1769, suggesting he was born not later than 1748. An earlier Finley researcher claims David Finley, born 10 Jan. 1748, was the son of John and Mary Thankful (Caldwell) Finley and that he married Elizabeth Mounts (Stout, 1:105). It has been subsequently shown that the David Finley who married Elizabeth Mounts is the son of John and Mary Finley of Montgomery Co. and was born in 1754 (Finley, NGSQ). Could it be the 1748 birth date really belongs to David of Bedford? The third David Finley is clearly identified as the son of John Finley who left a will in Augusta Co. dated 17 Aug. 1791 (Augusta Co. PR Will Book 7:404). He is thought to be the youngest of the three Davids because he appeared on the Augusta Co. tax list for the first time in 1786 with John and is identified as John's son on the 1787 tax list (Augusta County Personal Property Tax Records, 1782-1790, LDS film #0029288, 1786, p. 16; 1787, p. 6). There is also a marriage record for David Finley and Elizabeth Wilson in Augusta Co. on 9 March 1791 (Chalkley, 2:295). ------------------------------------------------------------------------ POSSIBLE TIES TO OHIO CO., (WEST) VA. Records for the Bedford Co. Finleys disappear from Bedford Co. after 1786. Their later history has not yet been established. It appears possible, however, that some of these Finleys moved to Ohio Co., (now West) Va., where there appeared in the 1780s and 90s an Agness, John, James, David and Samuel Finley. The earliest record is found in 1786 for Agness, who appears also from 1788 through 1796 (1794 records are missing). John Finley is found in 1787, 1792 and 1795; James Finley is found in 1788, 1789, 1791, 1792, 1797 and 1798. David Finley appears in 1796, and Samuel in 1796, 1797 and 1798. Land records later than 1798 were not searched (Ohio Co. LR Books 1[1784-96] and 2[1796-1801]). Definite ties between these Finleys and the Bedford Finleys are sparse, at best. One tie is an association with Hooks. In 1788, "Elizabeth Hook of Ohio Co., Va. for and in consideration of teaching her daughter Rachel Rigdon to read by Agness Finly of said Co., the said Rachel being bound by her mother Elizabeth Hook and for other causes -- said Elizabeth hath bound her daughter Rachel and put her a servant to Agness Finley for a term of fourteen years until she is eighteen years of age" (Vivian B. Marsh, "Abstracts of Deed Book I, Ohio Co., Virginia, West Virginia after 1862," typescript [1957] p. 166). Back in Bedford Co., in 1774 David Finley brought suit against William Mead and John Hook for debt (Bedford Co. Order Book 5b:40). A Samuel Finley was buried in Peter's Run Cemetery (called Old Tent Cemetery), Ohio Co. His date of birth is given as 1750 and date of death 12 Sept. 1828 (Audra Wayne, comp., Wheeling Chapter DAR, "Cemetery Records [:] Ohio, Brooke & Marshall Counties Records, West Virginia [;] Washington Co., Pennsylvania, " typescript [1974] p.20). Recall that John Armour Finley, eldest son of James, bought property in Albemarle Co. in 1767 and he was patenting property in Bedford Co. in 1770. This would give him an expected birth year probably in the mid 1740s. A birth date of 1750 for Samuel, younger brother of John Armour, would be reasonable. The Samuel buried at Peter's Run in Ohio Co. left a will, dated 21 April 1827. He named wife, Elizabeth; sons William and Samuel; daughters Agnes, Margaret and Elenor Harvy (Ohio Co. PR Will Book 3:11). While it appears the Ohio Co. group of Finleys may have come from Bedford Co., future Finley researchers will want to check more closely before concluding they are the same family. CONCLUSION Robert and James Finley, brothers from Cumberland Co., Pa., lived for a brief period of time in Augusta Co., Va. (early 1750s to late 1760s). Robert died in Augusta Co. prior to 16 Nov. 1763 and his brother, James and his wife, Agnes, moved from Cumberland Co., Pa. to Augusta Co. to settle Robert's estate. James and Agnes moved on to Bedford Co. about 1768. Their children included at least John Armour (eldest), and Elizabeth, and most likely David, Robert and Samuel. James died prior to 22 Aug. 1785. There is some indication that the family may have moved on to Ohio Co., (now West), Va. but more research needs to be done in that area to be confident of this move. James and Agnes of Bedford, John and Mary of Montgomery (now Wythe Co.) and John and Thankful of Augusta each had a son, David. Additionally, James and Agnes and John and Mary also had sons, Samuel. The primary purpose of this paper has been to help sort out the many Finleys who lived in Augusta Co. during the second half of the 18th century. Robert of Staunton and his brother, James, have now been accounted for. Submitted by Carmen Finley **************************************************************** USGENWEB NOTICE: These electronic pages may NOT be reproduced in any format for profit or presentation by any other organization or persons. Persons or organizations desiring to use this material, must obtain the written consent of the contributor, or the legal representative of the submitter, and contact the listed USGenWeb archivist with proof of this consent. Files may be printed or copied for personal use only. ****************************************************************