Court Papers Regarding Estate of James Addair, Jr., 1847 ESTATE OF JAMES ADDAIR, JR. SUIT OF SUMMERS VS TUNNELL parties names Calvin Tunnel & Jane his wife late Jane Adair Barbara Warick late Barbara Adair Grissy Kirby William Miller & Polly his wife late Polly Kirby Sally Kirby Thomas Kirby James Kirby Richard Kirby James Lamar & Elizabeth his wife late Elizabeth Kirby Virginia Kirby Shepherd Kirby James K. Miller son of Nancy Kirby Decd heirs & Representatives of Jane Kirby Decd late Jane Adair James King heir & Legal Representative of Sarah King, late Sarah Adair, Decd James Wiseheart John Wiseheart Samuel Wiseheart Willis Wiseheart Benjamin Wiseheart Reuben Wiseheart Andrew Wiseheart William Wiseheart & Elizabeth Wiseheart heirs & Legal representatives of Polly Wiseheart Decd James Adair John Adair William Adair Mary Adair & Nancy Adair heirs & legal representatives of William Adair, Decd Samuel Johnston Charles Johnston Mary Ann Johnston Bethenia Johnston Telethe Johnston Jas. Summers wife Sarah Jane Johnston & In Pulaski Malivrina Johnston heirs of Elizabeth Johnston, late Elizabeth Adair Decd Samuel Adair John Adair William Adair Moses Adair Thomas Adair, two children of James Adair (a son of John Adair Decd) whose names are not known & two children of ----- Thompson whose names are unknown & David Crum & Nancy Crum late Nancy Adair daughter of John Adair heirs & Legal representatives of John Adair Decd. SUMMONS The Commonwealth of Virginia To the Sheriff of Pulaski County Greeting You are hereby commanded to summon William Miller Admr of James Adair decd and in his right, Polly Miller his wife late Polly Kirby, Calvin Tunnel and Jane his wife late Jane Adair, Barbara Warick late Barbara Adair, Grissy Kirby, Sally Kirby, Thomas Kirby, Richard Kirby, --- Lamar and Elizabeth his wife late Elizabeth Kirby, Virginia Kirby, Shepherd Kirby, James K. Miller son of Nancy Kirby Decd heirs and representatives of Jane Kirby Decd late Jane Adair, James King heir and legal representative of Sarah King late Sarah Adair Decd, James Wiseheart, John Wiseheart, Samuel Wiseheart, Willis Wiseheart, Benjamin Wiseheart, Rueben Wiseheart, Andrew Wiseheart, William Wiseheart, and Elizabeth Wiseheart heirs and legal representatives of Polly Wiseheart Decd, James Adair, John Adair, William Adair, Mary Adair, and Nancy Adair heirs and legal representatives of William Adair Decd, Samuel Johnston, Charles Johnston, Mary Ann Johnston, Bethena Johnston, Telethe Johnston, Sarah Jane Johnston, and Malvina Johnston heirs of Elizabeth Johnston, late Elizabeth Adair Decd, Samuel Adair, John Adair, William Adair, Moses Adair, Thomas Adair, two children of James Adair (a son of John Adair Decd) whose names are not known, and two children of ---- Thompson whose names are unknown, and Daira Crum and Nancy Crum his wife late Nancy Adair, a daughter of John Adair, heirs and legal representatives of John Adair Decd. To appear at the Clerk=s office of our Circuit Superior Court of Law and Chancery holden(?) for Pulaski County at the Court-house on the first Monday in January next, to answer a Bill in Chancery exhibited against them by Susan Summers late Susan Adair, George Summers, and James Summers and unless they shall answer the said Bill within two months thereafter the Court will take the same for confessed and decree accordingly. And this they shall in way(?) omit under the penalty of ,100. And have then there this writ.(?) Witness William B. Charlton Clerk of our said Court at Pulaski Courthouse the 13th day of December 1846 in the 70th year of the Commonwealth. William B. Charlton Clk Susan Summers & al. Spa In Chancery William Miller & al. 1847 To January Rules I acknowledge this service of the within William Miller COMPLAINT To The Hon James E. Brown Judge of the Circuit Superior Court of Law & Chancery for Pulaski County Humbly complaining Sheweth unto your Honor your orators James Summers Ezekiel H. Summers George Summers and your oratrix Susan Summers That James Adair late of the County of Pulaski departed this life on the day of 18 (no date is entered) intestate. For many years he had been a citizen of the Said County and by his prudence industry and economy he has acquired a large Estate both real and personal. Letters of administration on his Estate were granted in due form of Law to William Miller of Pulaski by the County Court of Said County. He proceeded to execute the trust and returned an inventory & Sale Bill of the property. In the inventory is enumerated twenty seven negroes a portion of which were subsequently sold by the said administrator and the others hired a copy of the inventory & Sale bill of the negroes is herewith filed & prayed to be taken & considered as a part of this Bill. He also died seized & possessed of a valuable real Estate consisting of one tract of Land lying (on?) Back Creek containing 5 or 600 acres (another?) containing 200 acres purchased by him from one Joseph Spears a tract lying on the waters of Peak Creek containing 200 acres and another it is believed purchased from Caddall containing 150 acres all of which lands lie in the County of Pulaski. The intestate was never married and his estate of course descends to his relatives, his brothers & sisters of the whole & half blood or their descendants of whom there were a great number to wit: Thomas Adair a full brother who died before the intestate, leaving two children Jane who intermarried with Calvin Tunnel and Barbara who married Warrick but who is now dead leaving the sd Barbara a widow without any children. These have sold their interest in the Estate aforesaid to your orator George Summers. *(designates insertion placed at end of document) Jane Adair a full sister who married John Kirby and died leaving Polly who married Wm Miller the said administrator, Grisey Kirby, Nancy Kirby, Sally Kirby, Sally Kirby, Thomas Kirby, James Kirby, Richard Kirby, Elizabeth Kirby who married Lenoin Virginia Kirby, Shepherd Kirby and James R. Miller heir & legal representative of Nancy Kirby who has departed this life. Sarah Adair a half sister married John King and has departed this life leaving James King who sold his interest in said intestates Estate to your Orator Ezekiel H. Summers. Polly Adair a half sister who married Thomas Wiseheart and died before the intestate leaving nine children her representatives to wit: James, John, Samuel, Willis Benjamin Reuben Andrew William and Elizabeth. Wm Adair a half Brother died leaving five children to wit: Samuel, John, William, Mary & Nancy. Elizabeth Adair a half sister married Mark Johnston and died leaving Samuel, Charles, Mary Ann, Bethenia, Teletha, Mary Jane, and Malvina, whose interests were purchased by your orators James & George Summers. John Adair a half Brother died leaving Samuel John William, Moses, Thomas and James Adair who died leaving two children whose names are unknown to your Complainants, also a daughter named Polly and one named Nancy who left two children whose names are also unknown to your complainants. And your Oratrix who is a half sister of the said Intestate being the last surviving one of the whole family. It is desirable and would greatly conduce to the interests of your complainants if their interests in the Said Estate in the (tear in paper) as well as lands could be ascertained and (and) delivered over to their own possession and they are advised that they are entitled to have partition thereof granted them and being wholly without remedy at common Law and only relieveable in this (hon?) Court to that end they pray that the aforesaid Jane Tunnel & Calvin Tunnel her husband Barbara Warrick and (stricken her husband ??? Warrick) Grisey Kirby, (stricken Nancy Kirby) William Miller and Polly his wife late Polly Kirby, Sally Kirby, Thomas Kirby Richard Kirby --- Lenoir & Elizabeth his wife late Elizabeth Kirby, Virginia Kirby Shepherd Kirby James Kirby James K. Miller son of Nancy Kirby decd heirs & representatives of Jane Kirby decd late Jane Adair, James King heir & legal representative of Sarah King late Sarah Adair decd James Wiseheart John Wiseheart, Samuel Wiseheart Willis Wiseheart Benjamin Wiseheart, Reuben Wiseheart Andrew Wiseheart William Wiseheart & Elizabeth Wiseheart heirs & legal representatives of Polly Wiseheart decd James Adair John Adair William Adair Mary Adair and Nancy Adair heirs of William Adair decd Samuel Johnston Charles Johnston Mary Ann Johnston Bethenia Johnston, Teletha Johnston Sarah Jane Johnston and Malvina Johnston, heirs of Elizabeth Johnston late Elizabeth Adair, Samuel Adair John Adair William Adair Moses Adair Thomas Adair, two children of James Adair (a son of John Adair decd) whose names are unknown Polly Adair and two children of Nancy Adair whose names are unknown heirs & legal representatives of John Adair decd be made parties Defendant to this Bill & be required to answer the allegations hereof fully on oath, that a partition be made of the negroes & lands aforesaid among the several claimants this according to their several rights and if such cannot be done having due regard to the interest of all, that a decree for Sale be entered and suitable persons be appointed to consider it, that your honor (some tears so questionable -- would resume this Court and in case it may be rendered necessary that the Administrator William Miller of James Adair Decd who is prayed to be made a party defendant to this Bill in that character be requested ??? state & settle ?????????? ) that your honor will grant all other and such (???) relief as to Equity belongs and the nature of their cause requires May it please your honor to grant the (Comiths Spa ???cled &c & as in duty &c your complainants will ever pray &.?) (Floyd ?) * (see above insert) by a contract made with your orator George Summers & the said Calvin Tunnel & Jane his wife who contracted in reference to their own interest for themselves & as to the interest of Barbara Warick, their sister & sister-in-law, by virtue of a power of att. from the said Barbara Warick to the said Calvin Tunnel on the following terms & conditions, to wit your oratory George Summers agreed to give for the said two interests the sum of $2250.00. $500 of which was paid in hand to the said Jane Tunnel, wife of the said Calvin at the request of the said Calvin she being the beneficial party, and for the remaining $1750.00 he executed his bonds payable to the said Calvin Tunnel the one for $500.00 due the 1 Jany. 1846, the other for $1250 due 12 months after date which (was dated?) on the 4 October 1845 the former of which has been paid & discharged & your orator George Summers is ready & willing to pay the latter note of $1250.00 whenever a good title is made according to the terms of his contract aforesaid which are evidenced by a title bond or agreement executed by the said Calvin Tunnel & wife to him dated on the 4 October 1845, therewith filed & made a part of this bill marked (A) prayed to be taken & considered part of this bill. Ezekiel H. Summers &al vs Bill James Adair=s Reps 1846 June Bill filed July to Nov cont Dec N Spa a Defts 1847 Jan order Publn Feb to Aug cont Sept set for hearing 1848 BOND Know all men by these presents that we Calvin Tunnell and Jane Tunnell his wife of the County of Green and State of Illinois are held and firmly bound unto George Summers of the County of Anderson and State of Tennessee in the sum of seventeen hundred and fifty dollars current money of the United States which payment to be well and truly made we bind ourselves our heirs executors administrators and assigns jointly severally and firmly by these presents. Witness our hands and seals this 4th day of October AD 1845. The conditions of the above obligation are such that if the above bound Calvin and Jane Tunnell shall upon payment being made to them of the sum of seventeen hundred and fifty dollars by the said George Summers as is particularly specified in two promissory notes bearing even date with these presents & executed by the said George Summers in favor of Calvin Tunnell and calling for interest at the rate of six percentum per annum the one payable on or before the first day of January next for five hundred dollars and the other due twelve months after date for twelve hundred and fifty dollars make to the said George Summers a good and bonafide title to all the share or interest which may be coming to the said Jane Tunnell from the estate of James Addair decead late of the County of Pulaski State of Virginia and if the above bound Calvin Tunnell shall upon the payment of the above named sum of money as specified in the said note as agent of Barbary Warrick make or cause to be made a good and bonafide title to the said George Summers to all the share or interest which may be coming to the said Barbary Warrick from the estate of the sd James Addair deceased, then this obligation to be void and of no effect otherwise to remain in full force and virtue Given under our hands and seals the day and year first above written Calvin Tunnell (seal) Jane Tunnel (seal) Attest William A. Tunnell ORDER FOR PUBLICATION OF NOTICE OF SUIT Virginia In Chancery At (rules?) held in the Clerks office of the Circuit Supreme Court of Law and Chancery (scolden?) for the county of Pulaski on the 4th day of January 1847 Susan Summers late Susan Addair Pltffs George Summers and James Summers Against William Miller Adr of James Addair deceased and in his own rights Polly Miller his wife late Polly Kirby, Calvin Tunnel and Jane his wife late Jane Addair, Barbara Warick late Barbara Addair, Grissy Kirby, Sally Kirby, Thomas Kirby, Richard Kirby, ---- Lanier and Elizabeth his wife late Elizabeth Kirby, Virginia Kirby, Shepherd Kirby, and James K. Miller son of Nancy Kirby deceased, heirs and representatives of Jane Kirby deceased late Jane Addair James King heir and legal representative of Sarah King late Sarah Addair deceased, James Wiseheart, John Wiseheart, Samuel Wiseheart, Andrew Wiseheart, William Wiseheart and Elizabeth Wiseheart heirs and legal representatives of Polly Wiseheart deceased, James Addair John Addair William Addair Mary Addair and Nancy Addair heirs and Legal representatives of William Addair deceased, Samuel Johnston, Charles Johnston Mary Ann Johnston Bethenia Johnston Teletha Johnston Sarah Jane Johnston and Melvina Johnston heirs of Elizabeth Johston late Elizabeth Addair deceased, Samuel Addair John Addair William Addair Moses Addair Thomas Addair two children of James Addair (a son of John Addair deceased) whose names are not known and two children ---- Thompson whose names are not known and David Crum and Nancy Crum his wife late Nancy Addair a daughter of John Addair deceased Defendants except William Miller administrator of James Addair deceased and in his own right and Sarah Jane Johnston not having entered their appearance and (giving?) security according to the act of the Assembly and the Rules of this court and it appearing from satisfactory evidence that they are not inhabitants of this commonwealth on the Motion of the Plaintiff by their counsel it is ordered that the said Defendants appear here on the first day of the next term and answer the Bill of the Plaintiffs and that a copy of this order be forthwith inserted in some newspaper in this commonwealth for two months successively and posted at the front door of the Court house of Pulaski County A copy teste William B. Charlton Clk ARTICLES OF AGREEMENT Article of agreement made and entered into this 23 April 1847 Between William Miller of the one part and James Summers, George Summers, Ezekiel Summers and Susan Summers of the other. Whereas the Said Miller has become the owner of nine tenths of the undivided estate real & personal of James Adair Decd and the parties of the Second part have become the owner by purchase of the one half of the Said Estate real & personal and whereas the minor heirs of John Adair Decd are entitled to one twentieth part of the Said Estate as heirs at Law of the said James Adair Decd and it being desirable to have the said Estate divided the parties aforesaid have entered into the following articles of agreement That Robert M. Craid & John Caddall shall select a third person being either John D. Howe or James R. Kent and after the selection be made the said Craig Caddall & the third person shall divide the Estate of the said Adair Decd between the parties in the following manners. 1st They shall divide the personal from the real property 2nd They shall divide the Real property into two equal parts according to quantity and quality and assign one half to the party of the first part and one half to the party of the second part giving to the Said Miller his portion lying on the waters of Back Creek and the Lands known as the Harbinson Lands to the said Summers--But if the said Lands on Back Creek assigned to Miller shall be of greater value than one half of the estate of lands then he shall pay the difference to the party of the Second part and if the Lands lying in the Harbison tract and to be assigned to the Said Summers be of greater value than one half of the real Estate they shall pay the difference to the Said Miller. And as the interest of the minor heirs of John Adair Decd will be included in the half of the real Estate assigned to Miller he agrees to pay them for their interest and to indemnify the Said party of the Second part against all liability of any Kind against the claim of the Said John Adairs Heirs in the Said Estate both real & personal. 3rd it is further agreed that the said Craig & Caddall and the person selected by them shall also divided the negroes belonging to the Said Estate equally between the Said parties of the first & second part it being understood that the interest of the said Heirs of John Adair Decd is included (as in the real Estate) in the half assigned to the Said Miller and in like Manner the said Miller agrees to indemnify the Said Summers against the interest of the Said Heirs of John Adair. But it is further agreed that if the Said negroes cannot be equally divided between them that they shall be sold at public sale upon a credit of twelve months and the amount of the money be divided equally & the Said Miller indemnifying as aforesaid against the Claim of the Heirs of John Adair Decd. It is further understood that the lands Lying on peak creek shall belong to the said Summers & the lands lying on the Mountain near the Back Creek Lands shall be assigned as before stated to the said Miller. And it is further agreed that if any claim whatever is hereafter asserted by any of the persons whose interests have been purchased & are held by the Said Miller by any or all of them he hereby agrees & binds himself his heirs &c to indemnify and Save harmless the Said parties of the second part their heirs &c forever. And the Said party of the Second part in like manner bind themselves their heirs &c forever to indemnify & hold harmless the Said Miller his heir &c forever against the claim of any and all the persons from whom they have purchased. And for the performance of these Covenants they bind themselves their heirs &c mutually one to the other forever In Witness whereof they have hereunto set their hands & affixed their seals the day & year aforesaid. /s/ William Miller (seal) /s/ Jas. Summers (seal) /s/ George Summers (seal) /s/ Ezekiel H. Summers (seal) /s/ Susan Summers (seal) REPORT Agreeable to an article of agreement made and entered into by William Miller James Summers, George Summers, Ezekiel H. Summers & Susan Summers bearing date the 23d day of April 1847, we the undersigned have proceded to value & divide the real and personal Estate of James Addair Deceased according to the said Article of agreement as follows towit. We are of opinion that the Lands lying on the Waters of Back Creek which have by virtue of Said agreement been assigned to the said Miller are worth more than the Lands of the Harbinson tract & all the Lands lying on the waters of Peak Creek Which by said agreement have been assigned to the said Summers and that the said Miller in order to Equalise the same pay to the Said Summers the sum of Twelve hundred and fifty Dollars. And we assign to the Said Miller the following slaves towit Beauford, Ross, Derry, John, Latitia and her two children Jacob & Margarett, Mourning, Evalina, Harrison, Henry & Mariah, being in Value one half of the slaves belonging to the Said Estate of James Addair Deceased, and we assign to the said James, George, Ezekiel H. and Susan Summers, the follow Slaves towit William, Sampson, Wilson, James, Nancy & her two children Sally and Manerva, Mary, Clarissa & Elizabeth being the other half in Value of the Slaves belonging to the Said Estate. Given under our hands this 20th day of September 1847. John Caddall Robert M. Craig John D. Howe DECREE OF COURT Summers - Miller Ezekiel Summers & al. vs In Chancery James Adair Adm. It appearing to the Court that the plaintiff and the Defendant James Miller have purchased from the other representatives of James Adair Decd all their interests in the Estate real and personal of the Said Adair Decd except the interest of the Heirs of John Adair Decd which is one twentieth of the said James Adair Estate. And it further appearing that the said Plaintiffs and the Deft James Miller have heretofore agreed the Subject of Dividing the lands & slaves of the said Estate (be or to?) the (art?????) of John Caddall, Robert M. Craig, and John D. Howe, who have returned their award & partition of the said lands & slaves which it was agreed between the parties aforesaid should be made the (????) judgement of this Court therefore by consent of the parties it is considered by the Court that the said award be made the decree of the Court (that in pursuance thereof & by like consent of the parties, the partition therein specified?), & the slaves therein divided (is or be) affirmed, and it is decreed that the said plaintiffs hold the lands therein specified as having been alloted to them as they are designated and that the said Miller do hold the lands therein specified as having been assigned and allotted to him by the said award & that each of the parties do hold the slaves mentioned in said award as therein designated and it further appearing that the lands allotted to the Complainants is of less value than those allotted to the Deft. Miller and in order to equalize them the said (??? or) arbitrators awards that the said Miller should pay to the said Plffs the sum of twelve hundred & fifty dollars and no action of the Court being decreed at this time in reference to the adjustment of the administrator=s account this cause is continued Brothers and sisters of James Addair Decd Thomas Addair was a full Brother he is now dead and leaves two children Jane is the name of one who married Calvin Tunnel, barbay is the name of the other she has been married several times her last husband was by the name of Warrick he is now dead she lives in Missouri Jane in Illinois their interests are both in the hands of George Summers. Jane Addair was a full sister she is now dead and left ten children. Grizzy who married a man by the name of (H)urley she lives in the State of Alabama. Nancy who married Jas. Miller she is dead and left one child he is living in Alabama his name is James (K.) Miller, Mary who married Wm. Miller she is living in Pulaski Co., Va. Thomas Kirby is living in Alabama. James Kirby is living in Alabama. Elizabeth who married James Lamar. she is living in the State of Tennessee. Sarah Kirby who married Lewis Kirby is living in Alabama Richard Kirby is living in Alabama Shepherd Kirby is living in Alabama Virginia who married a man by the name of Pierce they are living in the State of Alabama. Sarah Addair was a half sister she is now dead she married John King and had but 1 child his name is James King he is living in the State of Illinois his interest is in the hands of Ezekiel (K.?) Summers who purchased it. John Addair was a half brother he is now dead he left 8 children, Samuel Addair is living in the State of Kentucky he has sold his interest in the estate of James Addair to George Summers & Wm Miller. Nancy Addair is living in Kentucky and is married to David Crum. They have sold their interest to George Summers & William Miller. James Addair is now dead he left one child which is a minor & living in Kentucky John Addair Junr. is living in the State of Virginia his interest is in the hands of Wm. Miller William Addair is living in the State of Virginia his interest is in the hands of Wm. Miller Moses Addair is living in Kentucky he is a minor Thomas Addair is in Kentucky a minor. Mary Addair was a half sister. She married Thomas Wiseheart she is now dead & left nine children. They are all living in the State of Indiana & have all sold their entire interest in the estate of James Addair deceased to Wm. Miller; their names are James, Willis, Reuben, Samuel, Andrew, Elizabeth, Benjamin, John and William. William Addair was a half Brother he is now dead. he had five children. James Addair Jun. is now living in Arkansas. William Addair Jun is John Addair Nancy Addair & Mary A. Addair who married James Grimsley are all living Kentucky they have all sold their entire interest in the estate of James Addair to Wm. Miller. Susan Addair was a half sister she married David Summers. he is now dead she is living in the State of Virginia. Elizabeth Addair was a half sister she married Mark Johnson they are both dead and have four children. Mary A. Johnson she is living in Tennessee and Teletha who married James Summers and lives in Virginia (???) Sarah Jane & Malvina who are minors & live in Tennessee John Adair & William Adair sons of John Adair lives in Tazewell County Va. DOCKET ENTRY Ezekiel Summers & others Compl. vs James Adair Reprtves. Defts. The matter of contraversy in this suit having been settled by an award of arbitrators heretofore returned upon which a decree was entered in pursuance thereto at the last term of this Court. And there remaining nothing further to be done except a disposition of the question of costs of the suit. Whereupon by the consent of the parties by their counsel it is ordered & decreed that this being a suit for partition that the costs thereof be paid in equal portions by the plffs & the deft. William Miller and it is further ordered that this case be now stricken from the docket. NOTATIONS OF COSTS Mr. James Summers, Ezekiel Summers, George Summers, & Susan Summers, to Harold Smyth Editor Report Dr 1846 Nov 1st To inserting order of publication from the Clerks office Superior Court of Law & Chancery Pulaski against the heirs of James Adair decd at (your suit?) being 5 squares for 9 insertions is $18.75 (illegible) 15th 1846 Received the above sum of eighteen dollars & seventy five cents of Ezekiel & George Summers by note to J. C. Graham on demand Harold Smyth Susan Summers, late Susan Adair, George Summers and James Summers To Harold Smyth Dr 1847 Jany 9th To inserting second order of publication from the Clerks office of Pulaski Superior Court against the Representatives & heirs of John Adair deceased 6 squares 9 insertions or two months For the first 2 squares 5.00 For the additional 4 squares 15.00 $20.00 June 12th 1847 Received payment of Harold Smyth Submitter note: The previous suit was filed in Chancery in Pulaski Co., Virginia. For those researchers who are not attorneys, I am including this brief explanation. James Addair, son of James Addair, died without a will. He owned a considerable amount of property which under the law of Virginia at the time of his death vested in his heirs-at-law B- his brother and sister and his half brothers and sisters. On the premise that had his parents survived each would have been entitled to one half of his estate, the full brother & sister were each entitled to a share for each parent. The half-brothers and sisters were only entitled to half as much being only representatives of the father. Since many family members had migrated to other parts of the country, the Summers and William Miller who were still residing in started buying up the shares of the other heirs and eventually were required to file this suit in order to get clear title. The filing of the suit was not necessary because of any family feud, but because there were a number of minor heirs who did not have the legal capacity to convey their interests. I learned of the suit when I found copies of notes and correspondence made by Lucy Ball, a genealogist, who compiled a history of the Tunnell family which appears in Notable Southern Families vol. 3. She had done her research during the first half of this century and had many of the original papers belonging to Calvin and Jane (Adair) Tunnell. The letters in the notes were from William Miller of Pulaski Co. Two of the Summers went to Illinois to buy the shares of the heirs living there and married two of the Tunnell daughters. Although I got no reply to my inquiry from the court clerk=s office, I was able to employ Mary Kegley, an attorney and genealogist from Pulaski to obtain a copy of the suit papers. Mrs. Kegley has written a multi-volume history of the area, Early Adventurers on the Western Waters. Volume III has a short biography of James (the father) who had settled in the area by 1773. He was in the militia during the colonial years and also the Revolutionary War. He also signed the Oath of Allegiance in October 1777 (Broderbund CD174 Virginia Vital Records #1. James D. Trabue, J.D. 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