William Logan Burke Archives - Digging Up Dead Relatives:

William Logan Burke(s): their stories

My mother’s family has produced so many men named William Logan Burke that we had to create nicknames to keep them straight. The first William Logan Burke (1860-1899) was simply “the Sheriff.”

His son, who was inter alia a polo player, was “W. L.” or “Billy” Burke (1888-1961) — AKA “Gramps,” my grandfather.

The next son in line was also a polo player, nicknamed “the Kid” (1914-1975) — AKA “Uncle Bill.”

The Kid’s elder son — our collective imagination failed here — was “Little Bill” (1952 – ?).

The fifth and possibly last of the name is Little Bill’s nephew. He has several brothers, all of whom are grown and might yet produce a sixth William Logan Burke.

They all have stories, with a couple of family legends in the mix. There has been a recent trend toward tragedy. I’m rooting for the most recent of the Sheriff’s namesakes to turn the luck around. As usual, I won’t write about anyone who might still be living.

Here is the Sheriff:

He was born in Wilson County, Tennessee in 1860, the eldest son of Esom Logan Burke and his wife Harriet Munday. Not inclined to be a farmer, he left for Texas shortly before his father died. He wound up in Waco, McLennan County, where he was “an early sheriff” and a U. S. Marshall. He died of tuberculosis at age 39, leaving his widow Betty and their 11-year-old son, the second WLB.

Here is his wife, Elizabeth (“Betty”) Morgan Trice.

According to my grandmother Ida Hannefield Burke, Betty had red hair and “could hold her liquor like a man.” The Hannefields also lived in Waco. Granny told me she always “felt sorry for Mrs. Burke.”

“Why?” asked I.

“Because the Sheriff was gone so much,” said Granny.

“Why was that?”

“I don’t know,” Granny replied. “Out chasing criminals, I suppose.”

Betty Trice’s family also came to Waco from Wilson County, Tennessee. The Burke and Trice families undoubtedly knew each other there, since both owned land on a lovely tributary of the Cumberland River called Spring Creek. Betty’s father, Charles Foster Trice, died in a cave-in of the creek bank in 1881, when she was 18. His estate was insufficient to cover debts and his land was sold, probably providing the impetus for his family to head for Texas.

Before Foster died, though, he and his wife Mary Ann Powell Trice gave rise to a cool family legend. Wilson County is in Middle Tennessee, a part of the state that was not partial to either side in the Civil War. The Union Army had a headquarters nearby and sent a “recruiting” detail around from time to time, looking for “volunteers.” Hearing they were in the neighborhood, Mary Ann dressed Foster up in a woman’s dress and bonnet. She sat him down in front of the fire in a rocking chair, peeling potatoes. The Union soldiers departed empty-handed.

Mary Ann lived to be 95. She died in Waco when her great-granddaughter, Ida Burke, was 18 years old. Ida, my mother, told me she heard that story straight from Mary Ann’s mouth. So it is the gospel truth, in my view.

Berry and Sion Trice, two of Mary Ann’s brothers-in-law, also went to Texas. They walked all the way from Wilson County to Waco — about 900 miles — in 47 days, according to William Berry Trice’s obit. Berry was also famous for weighing 425 pounds when he died, as well as having been a director of the Waco National Bank. Berry and Sion were partners in a Waco brickmaking company. It supplied most of the nearly three million bricks used to build the bridge over the Brazos River in Waco. The bridge was completed in 1870 and was then the longest single-span suspension bridge west of the Mississippi; it was part of the Chisholm Trail. Baylor has some fun photographs and postcards of the bridge at this site.

The Sheriff, his wife Betty Trice Burke, her mother Mary Ann Powell Trice, the Hannefields, and a whole host of other Trices are buried in the old Oakwood Cemetery in Waco. Not surprisingly, Sion and Berry have impressive monuments. Made of marble, not brick.

The Sheriff and Betty had only one surviving child, the second William Logan Burke: the polo player, Billy or W. L. Burke, AKA Gramps. He was an orphan by age 18, when his mother died. He went to live with one of his mother’s sisters, his Aunt Mattie Trice Harmon. Here is Gramps in his sixties as a referee in a polo match:

Gramps was the spitting image of his mother, IMO. Here he is as a young man:

Besides eventually becoming the oldest polo referee in Houston, Gramps was a Grade AAA, certifiable, lovable character. Whenever he came to Shreveport to visit his daughter Ida, he brought gifts for me. He started with an add-a-pearl necklace, undoubtedly Ida’s idea. He soon switched to various livestock: ducklings, baby chicks, and — my favorite — two quail. My father built an elaborate cage for the pair in the back yard. Unfortunately, the quail commenced their characteristic “bob-WHITE!” call just before the first light of dawn. They had extraordinary lungs. The neighbors complained. One night, the quail “escaped.” I don’t recall what happened to the cage.

My father was fond of saying that Gramps would probably bring an elephant one day.

Besides being a polo player, referee, and trainer of polo ponies, Gramps was a hunter and fisherman. He also raised bird dogs, including a prizewinner named April Showers. Gramps taught me how to shoot a BB gun at a moving target by hanging a coffee can lid from a tree limb by a string. The gun was another gift from Gramps, as was a small rod and reel. Never mind that my parents didn’t fish.

The Sheriff’s grandfather back in Tennessee was a John Burke whose first wife was Elizabeth Graves, daughter of Esom Graves and Ruth Parrot. John Burke was known as a teller of tall tales. If that is an inherited talent, Gramps most likely got it from his great-grandfather John. Granny once sent Ida a newspaper article she had torn out of one of the Houston papers, date unknown. Granny had written on the article in pencil, “Your father in print with a big one.” It was in a column titled “The Outdoor Sportsman” by Bill Walker. I have transcribed it on this blog before, but here it is again. Cinco Ranch is west of Houston.

“A roaring gas flame in the big brick fireplace in the Cinco Ranch clubhouse warmed the spacious room and the several members of the Gulf Coast Field Trial Club who gathered there for coffee Saturday morning before the first cast in the shooting dog stake.

“Usually when veteran field trial followers get together the conversations turns to great dogs of yesteryears and this group was no exception.

“W. L. “BILLY” BURKE related one about an all-time favorite of ours — Navasota Shoals Jake.

“Burke and the late W. V. Bowles, owner of Ten Broeck’s Bonnett and Navasota Shoals Jake, were hunting birds in the Valley on one of those rare hot and sultry winter mornings. Jake pointed a covey several hundred yards from the two men and out in the open.

“BOWLES suggested they take their time approaching the pointing dog, since he was known to be very trustworthy. When the two hunters did not immediately move to Jake, the dog broke his point, backed away to the cool shade of a nearby tree and again pointed the birds.

“THE COVEY was still hovering in a briar thicket when Bowles and Burke arrived. Navasota Shoals Jake was still on point.”

Gramps’s only son, the third William Logan Burke, was nicknamed “the Kid” by other polo players, presumably in recognition of his father and the family sport — but also for his wild and reckless polo style, according to his sister Ida. That was Uncle Bill.[1]

He was good. According to Ida, West Point recruited him to play polo, but West Point probably wasn’t the Kid’s style. Ida’s best friend Tillie Keidel once shared a rumble seat with him on a trip from Fredericksburg to the dance hall in Gruene. Exhausted from fighting him off, she told Ida it seemed like the Kid had four hands. She rode with someone else on the trip home.

Ida also said the Kid was a mathematical genius, which might be true notwithstanding her propensity for embellishing Burke virtues. All three of the Burke siblings were smart as the dickens. The Kid’s son believes he was valedictorian of his high school class and received a scholarship offer. Bettye, the youngest sibling, was a member of Mensa. She once created a professional set of blueprints for a home she and her husband were building on the shore of Clear Lake. Ida, the eldest sibling, skipped two grades in elementary school, was valedictorian of her high school graduating class in Fredericksburg, and received full-ride scholarship offers from every major university in Texas.

I always thought she was exaggerating about those scholarships. Not so. After she died, I found them, seven in all, among her papers: University of Texas, Texas Technological College, SMU, Southwest Texas State Teacher’s College, Baylor, and TCU. Rice was tuition free, but they had an offer for her, too, because that’s where she went for her Freshman year. Then she switched to the University, where she was a Littlefield Dorm “beauty.”

October 1929 arrived, and she had to quit school to help support her family during the Great Depression. Gramps was a car salesman in Fredericksburg, and you can imagine how many people bought cars in the early 1930s. The family lived on the old Polo Grounds in San Antone for a while, eating so much peanut butter that Aunt Bettye swore off the stuff for life.

I don’t know what the Kid did in the 1930s, but he didn’t go to college, so far as I know. They would not have been able to afford it, even with a scholarship. I assume he also helped support the family during the Depression, as he was only 16 in 1930. He joined the Marines in time for World War II, probably after Pearl Harbor, when everyone enlisted. His tombstone identifies him as a First Lieutenant.[2] I don’t think he was ever stationed overseas. Mostly, he started getting married and kept it up his entire life. I have a tiny photograph of him in his Marine mess dress uniform when he was still a buck Sergeant, probably on his first wedding day. All told, he married four times. Looking at old pictures and remembering him, I can see why: he was an attractive man, with the standard issue navy blue Trice eyes and a charming grin. I thought he resembled JFK, another man with charisma.

Here’s a picture of the Kid with his sister Ida and her only child, who never learned to sit a horse worth a plug nickel:

Spoiler alert: at this point, the William Logan Burke stories take a dark turn. If you want a happy ending, sign off right now with the picture of Ida, Uncle Bill, and the little girl on the unhappy horse.

The last military record for him on Fold3 identifies him as a First Lieutenant on a 1946 muster roll. For as long as I knew him — beginning in the early 1950s — the Kid worked a blue collar union job in the Dow Chemical plant in Brazoria County. It was one of several plants which manufactured Agent Orange. He died in 1975, only 60 years old, consumed by what Ida called “more kinds of cancer than I ever heard of.” I will refrain from a rant about Agent Orange and just put some information in the footnote at the end of this sentence.[3]

Well, that is a downer of a way to end a story, but you can’t say you weren’t warned. I will demur re: writing about Little Bill, who may still be alive and who has a beautiful daughter out there somewhere. Fortunately, there is definitely another William Logan Burke, the family’s fifth. He is one of the sons of Little Bill’s brother Frank and a grandson of the Kid.

So far as I can tell from our emails, Frank’s nice family is sane, sober, and happy. It is also sizeable, so I’m rooting for a sixth William Logan Burke. Maybe he’ll become a Sheriff, and we will have come full circle.

See you on down the road.

Robin

[1] For some reason, Uncle Bill went by William Logan Burke Jr., notwithstanding that he was the third of that name in the line. He first son went by William Logan Burke III.

[2] Here is an image of the Kid’s tombstone.

[3] As early as 1962, the Monsanto Chemical Company reported that a dioxin in Agent Orange (TCDD) could be toxic. The President’s Science Advisory Committee reported the same to the Joint Chiefs of Staff that same year. As you probably know, Agent Orange was used as a defoliant in Vietnam. Many vets who served there have been diagnosed with cancer, but could rarely prove that Agent Orange was the cause. In 1991, the federal Agent Orange Act created a presumption that the chemical caused the cancer of anyone who served in Vietnam. That includes bladder cancer, chronic B-cell leukemia, Hodgkin’s disease, multiple myeloma, non-Hodgkin’s lymphoma, prostate cancer, respiratory cancers including lung cancer, and some sarcomas.

Tennessee-Texas migrants, including some Trices and Burkes

When I first started writing this blog, another family history researcher told me that people would prefer stories to my academic, footnoted, law-review-style crapola. In all fairness, she didn’t expressly badmouth my articles. She didn’t need to. The statement that people would prefer to read stories instead of, uh, whatever the heck my stuff might be, is about as subtle as the neon lights in Times Square, except less flattering.

In any event, I’m edging toward stories. Gradually. This post is about some relatives and ancestors who left Tennessee for Texas: two Trice brothers, a young male Burke, and a Trice widow with eight children. They all wound up in Waco, McLennan County, Texas. My original plan was to figure out the reason(s) they chose to migrate and craft a story with motivation as the unifying theme. I couldn’t make it work due to lack of both imagination and descriptive skills. All of them apparently went to Texas looking for wide-open spaces and opportunities.

Now, see, that is exactly the sort of thing people say about Texas that makes everyone hate the place. Since I have already lit that fire, however, I’m going to fan the flames by carrying on about Texas for a bit before getting to the Trices and Burkes. Please stick with me, because there are a couple of anecdotes here that might count as stories. A cross-dressing Trice. A Burke with a pet wild turkey. Annoying quail. A bird dog named Navasota Shoals Jake. Also, some cool old photos.

At one time, it seemed like half of Tennessee was heading to Texas. In the period after Mexico became independent from Spain in 1821, more people migrated to Texas from Tennessee than from any other state. Cheap land was undoubtedly the big draw. I doubt anyone was enticed by the fact that every poisonous snake indigenous to North America has a home somewhere in Texas. All four types — rattlers, copperheads, water moccasins, and coral snakes — appear in Harrison County, the location of a summer camp I attended. Frankly, my mother was more difficult to cope with than the snakes, which have a live-and-let-live approach to coexistence. She was also a native Texan. I wonder if that is a non sequitur.

Some of the guys who died at the Alamo in 1836 were among the early wave of Tennessee migrants to Texas.[1] More than thirty Tennesseans fought there, including Davy Crockett.[2] He is the source of what may be the most fabulous sore loser quote in the entire history of American politics. Accepting his loss for a race for a congressional seat from Tennessee, he famously said, “You may all go to hell, and I will go to Texas.” Unfortunately, that didn’t work out well for him. John Wayne did OK.

The state has inspired other noteworthy quotes. Larry McMurtry (author of Lonesome Dove) said “Only a rank degenerate would drive 1,500 miles across Texas without eating a chicken fried steak.”[3] Someone else said that, back in the covered wagon days, you could leave Beaumont with a newborn son and he would be in the third grade by the time you reached El Paso, which qualifies as primo Texas braggadocio.[4] A travel writer for some major newspaper voted Texas “the most irritating state.” He didn’t explain why, but it has a whiny undertone, don’t you think? Traffic? Cedar pollen? Bless his heart.

In the same general spirit, two friends who live in California told me last week that they can’t imagine how I tolerate living in Texas. That is both an uncanny coincidence — two people with the same observation — and less-than-fortuitous timing, since the western third of their state is under two feet of water and the eastern third is blanketed by six feet of snow. The California weather competes daily with the war in Ukraine for the lead story in the New York Times and Washington Post. The continuing deluges have given rise to a brand-spanking new meteorological term: “atmospheric river.” And let’s not forget earthquakes that can collapse double-decker freeways. No, thankee, I’ll take the copperheads and humidity.

Back to Texas: the Alamo and the Battle of San Jacinto live on eternally in the hearts of some die-hard Texas natives, including Ida Burke Rankin, now deceased. Her only child had the misfortune to be born in northwest Louisiana, just twenty-seven miles from the border of the promised land. The kid lost count of how many times Ida reminded her to “REMEMBER THE ALAMO!!!! Approximately fifteen minutes after her husband’s Shreveport funeral, Ida packed up and moved back to Texas. Her grandfather Burke had married a Trice. Both are featured in this narrative, eventually.

Sam Houston was undoubtedly the most famous Tennessee migrant to Texas, having become governor of the state. His reputation was launched by a decisive victory at the Battle of Jan Jacinto, where he commanded the Texian forces.[5] Texans later marked the battlefield with a monumental obelisk and stationed the Battleship Texas nearby, just in case Mexico had notions of a rematch. The San Jacinto monument is ten or eleven feet taller than the Washington monument. That was surely no accident, and is yet another in the endless list of reasons why everyone hates Texas. Besides which, ours has a 220-ton star on top.[6]

The Trices and Burkes played in vastly different ballparks than General Houston, of course, being pretty much forgotten to history except perhaps in Waco. The ones featured in this article left Wilson County, Tennessee at different times, although they undoubtedly knew each other’s families. Both the Trices and Burkes owned land on Spring Creek, a lovely little arm of the Cumberland River nestled among gently rolling hills on the south side of the river.

The first two Trices to arrive in Texas, so far as I know, were the brothers William Berry Trice and Sion B. Trice. They arrived in 1853. Here is what a local history book says about Berry:[7]

He “was born in Wilson county, Tennessee, in the year 1834. His father was a substantial farmer, but never accumulated much property. He was deprived of the advantage of an early training, and never attended school a day in his life.”

“Substantial farmer,” what hooey! Berry undoubtedly contributed that fiction. Truth is, the Wilson County Trices were basically subsistence farmers, as were the Burkes. Neither family accumulated any property other than the land they farmed. Berry’s biography continues:

“In the year 1853 he was convinced beyond a doubt that a good future awaited him, and wanting more latitude for his operations, he concluded to go west. He left home with thirty-five dollars, and accomplished, in forty-seven days, what very few young men would have thought of undertaking — a journey on foot from Wilson county, Tennessee, to Waco, Texas. He walked the entire distance. Immediately after his arrival here, instead of seeking the shade and waiting for something to turn up, he hired himself to drive a wagon at $12.50 per month.”

The article doesn’t say so, but my family oral history is that Berry’s brother Sion accompanied Berry on the walk to Texas, a distance of more than 800 miles. Their parents, Edward and Lilly Smith Trice, were still alive when they left. I’m betting Berry and Sion weren’t waiting around for a substantial inheritance, which — as it turns out — wasn’t in the offing. Edward and Lilly had nine children, including Berry, Sion, and my great-great grandfather Charles Foster Trice.

Berry and Sion were involved in the construction of the famous Brazos River bridge in Waco – the first suspension bridge west of the Mississippi[8] (more Texas braggadocio). Trice Brothers Brick and J. W. Mann did the brick work for the bridge, furnishing two million, seven hundred thousand bricks.[9] Berry and Sion became rich as sin in the process, ensuring funding for some impressive Trice monuments in Waco’s old Oakwood Cemetery.

Before making a fortune in bricks, Berry drove a wagon, cut and split rails, and worked in a sawmill. He was elected constable in 1855 and Justice of the Peace eight years later. When he was elected constable, he couldn’t even write his name.[10] His second wife was the widow of a former sheriff named Alf Twaddle, possibly the worst surname on the planet.

In the 1860 and 1870 census, Berry described himself as a “brick maker.” By 1880, he was a “farmer and banker.” At Berry’s death, he was president of Waco National Bank; he was then, or had been, a director. He was, according to The Handbook of Waco, “one of the wealthiest men in our community.” He owned five farms, although I am confident there was no dirt under his fingernails. Nor did Berry miss any meals: he weighed over 400 pounds when he died.[11] The local history book describes him colorfully:

” … Not only is he of great weight in financial circles, but his ponderosity amounts to four hundred and twenty-five pounds, and, in physique, he possesses more latitude and longitude than any man in the county. He is … surrounded with all the conveniences and comforts of life.”

Ponderosity! I am embarrassed for whoever wrote that. With respect to the comforts of life, the inventory of Berry’s estate included, among many other things, a telescope, a piano, and a gold-headed cane. In the hundreds of estate inventories I’ve seen, that is the one and only telescope.

I’m not sure what Sion did before he and Berry founded the Trice Brothers Brick Yard, or how much he weighed. He is also buried in the Oakwood Cemetery along with more Trices and Trice in-laws than I can count. There is a telling slip of paper among Sion’s probate records describing expenses incurred on behalf of his two daughters: a receipt for “tuition in music to Misses Beaulah and Hattie Trice from Apr. 18 to Oct 1st 1879 … 5 months at $10 per month.”[12] Sion wasn’t nearly as famous as Berry, but he clearly didn’t want for anything, either.

Coincidentally — or not — the first Burke who appeared in Waco found a temporary home with Berry Trice. William “Burks” was listed in the 1880 census in Berry’s household. He was twenty at the time. Farmer was his stated occupation, although I suspect he left Tennessee at least in part to escape farming. His full name was William Logan Burke, the first of a fistful of men in my family with that name.[13] He was my great-grandfather and the eldest son of Logan (full name Esom Logan Burke) and Harriet Munday Burke. Logan and Harriett also owned land on Spring Creek in Wilson County. I’m not sure exactly when William Logan Burke left home, but I’m afraid he bailed out on his widowed mother and four underage siblings after their father died. When Logan died in 1877, his eldest son was still only seventeen. I would bet he was still at home, though I have no evidence. By 1880, he was in Waco.

The first William Logan Burke wasn’t a farmer for long. He became “one of the early Sheriffs” of McClennan County, then a U.S. Marshall or Assistant Marshall. Owing to the plethora of men sharing his name among my Burke relatives, we call the first WLB “the Sheriff.” I know virtually nothing about him except that he was often absent from home. His daughter-in-law (Ida Huenefeld/Hannefield Burke) explained his frequent absences like so: “he was out chasing outlaws.” Here is a formal portrait of him, the only good likeness I have. Too bad he wasn’t wearing a badge.

The Sheriff married a Trice, although not one of the rich ones. She belonged to the third set of my family’s Tennessee migrants to Waco: Elizabeth (Betty) Morgan Trice. Her parents, Charles Foster Trice and Mary Ann Powell, also lived on Spring Creek in Wilson County. Foster was a blacksmith. Mary Ann was a quick-thinking lady who once outfitted him in a woman’s dress and bonnet, sitting him in a rocking chair in front of the fireplace, peeling potatoes, just before Union Army “recruiters” came to call.

Spring Creek wasn’t kind to Foster. He died in 1881 in a cave-in of the creek bank. There was a coroner’s inquest into his death, which was ruled an accident.[14] His land had to be sold because his personal estate was inadequate to pay debts. Foster didn’t make it to Waco, but his widow Mary Ann and eight children moved there some time between 1881 and 1886.

Mary Ann is buried in Waco’s Oakwood Cemetery along with the other Trices, Betty and the Sheriff, and Ida Hannefield Burke’s parents Ella Adalia Maier and John Henry Hannefield. Mary Ann died in 1928, when her great-granddaughter Ida Burke was eighteen. Ida heard the potato-peeling-dress-wearing story directly from the horse’s mouth, so to speak.

Mary Ann’s daughter Betty Morgan Trice Burke was a tiny redhead who could, according to my grandmother, “hold her liquor like a man.” Her only surviving child, the second William Logan Burke, was a dead ringer for his mother. Here she is, in a fabulous dress featuring elaborate ribbon trim, a brooch at her neck, and a fancy watch pinned to the dress.

The Sheriff died of tuberculosis in 1899, when the second William Logan Burke was eleven. The Sheriff’s widow, Betty Trice Burke, married a kind man named Sam Whaley in 1906, although she had been ill for a good while. She died just a few months after she married Sam, when her son was eighteen. Her obituary mentions both the Trice family’s elevated status in the community and the Sheriff. Her memorial in Oakwood Cemetery, a flat marker, is considerably more modest than Berry’s.

She had four children, but only one — her spitting image, my grandfather — survived her. Here he is as a young man:

“Gramps,” we cousins called him, was a genuine, Grade-A, certified Texas character, born in Waco in 1888. He went by W. L., or just “Billie.” I adored him, and vice versa. He taught me how to shoot a BB gun at a moving target by hanging the lid of a Folger’s can on a string from a tree branch. He gave me a fishing rod and reel, never used in my non-fishing family. Every time my grandparents came to Shreveport, he brought me some kind of critter. Baby chickens. Baby ducks. Goldfish. Once, he brought a pair of quail for which my father built a fabulous cage. Unfortunately, they launched into their “bob-WHITE!” calls each day at sunrise. They have surprisingly good lungs for such small birds. Neighbors registered complaints. One night, the quail mysteriously “escaped.” My father often said that he fully expected his father-in-law to bring me an elephant one day.

Sometime in the 1950s, Gramps had a pet wild turkey named Clyde. I am not making this up. When we were visiting my grandparents in Houston, we would all sit outside after dinner in those old uncomfortable slatted metal chairs when it was nice outside, meaning anything over 70 degrees. No air-conditioning in the 1950s. Clyde would sit on the arm of Gramps’s chair and apparently enjoy the conversation, looking at whomever was talking. Once, when we were driving back to Houston from Fredericksburg, Gramps abruptly pulled the car over to the side of the road beside a sorghum field, saying “I’m gonna get some of that good milo maize for my turkey.” Whereupon he climbed over the barbed-wire fence and grabbed a handful. My grandmother didn’t bat an eye, having known him since they were teenagers. I don’t know what became of Clyde, but I know he was spoiled rotten.

Gramps was a polo player and, after he was too old to play, a referee; a hunter who raised bird dogs, including a prizewinner named “April Showers;” a fisherman; and a spinner of tall tales. One of them made it into either the Houston Chronicle or the Post, I don’t know which. Granny cut it out and mailed it to my mother, with a penciled note saying “Your daddy in print with a big one.” It was in a column titled “The Outdoor Sportsman” by Bill Walker. Here is a transcription:

“Usually when veteran field trial followers get together the conversations turns to great dogs of yesteryears and this group was no exception.

“W. L. “BILLY” BURKE related one about an all-time favorite of ours — Navasota Shoals Jake.

“THE COVEY was still hovering in a briar thicket when Bowles and Burke arrived. Navasota Shoals Jake was still on point.

Here is Gramps in his 60s as a polo referee:

I should probably also include a picture or two of his daughter, Ida Burke Rankin, the die-hard Texan who admonished me to “Remember the Alamo!” They wouldn’t let women play polo in her day, of course, although I am confident she would have beat the heck out of everyone. Undoubtedly to show them, whoever “they” were, she used to ride her father’s polo ponies like a bat out of hell whenever she thought he wouldn’t find out. She once fell off on a blacktop road and said she couldn’t sit down for three days. She claims Gramps never knew, but I’ll bet he did. He was nobody’s fool.

And one more, when I was about three:

Next, I might have to write about Granny, a character in her own right.

See you on down the road.

Robin

[1] Here is a link to an article about the Battle of the Alamo by the reputable Texas State Historical Association, complete with images of Davy Crockett, William Barrett Travis, and James Bowie. https://www.tshaonline.org/handbook/entries/alamo-battle-of-the

[2] There were either 31 or 32 or Tennesseans at the Alamo. An authoritative list has the same name twice, and it is unclear whether those names represent one or two men. See the list at this link: https://www.historicunioncounty.com/article/tennesseans-who-died-alamo

[3] For the record, 1,500 miles exaggerates both the length or width of Texas. It is 827 miles from Beaumont to El Paso on I-10, and about 850 from Texhoma, OK, on the OK-TX panhandle border, to McAllen on the Rio Grande. This is another reason people hate Texans: bragging about how big the state is.

[4] The math doesn’t audit on that bit of hyperbole, either. If mules or horses walk at 3 mph for 8-hour days, the journey would surely take less than six months even with interruptions.

[5] Here is a link to an article about the Battle of San Jacinto. It also has a fabulous picture of the San Jacinto monument. https://www.tshaonline.org/handbook/entries/san-jacinto-battle-of

[6] See a closeup of the star and a photo of the monument here: https://www.tshaonline.org/handbook/entries/san-jacinto-monument-and-museum

[7] John Sleeper and J.C. Hutchins, The Handbook of Waco and McLennan County, Texas (Waco: Texian Press, 1972), article titled “William B. Trice.”

[8] Here is a photograph of the bridge, now a pedestrian walkway. https://www.loc.gov/resource/highsm.29747/?r=-0.163,-0.02,1.362,0.789,0

[9] Id., article titled “The Waco Suspension Bridge.”

[10] Id., Trice article.

[11] John M. Usry, early Waco Obituaries 1874 -1908 (Waco: Central Texas Genealogical Society, 1980), citing the July 16, 1884 issue of the Waco Daily Examiner at p. 2 col. 5, obituary of W. B. (Berry) Trice.

[12] Probate packet #671 at the courthouse in Waco, McLennan Co., TX.

[13] William Logan Burke, the escapee from Tennessee, was the first with that name. His only surviving child, my grandfather, was also William Logan Burke, who went by “W.L.” or just “Billie.” His only son was the third William Logan Burke, who was called Bill, or “the Kid” in his polo playing days. Bill’s elder son was known as “Little Bill.” He went by William Logan Burke III, although he was actually the fourth in the line. Little Bill’s brother Frank, who just goes by Burke, gave one of his sons that name. That makes five. My elder son’s name, by the way, is William Burke Willis, in honor of my wonderful grandfather.

[14] Tennessee State Library and Archives, Wilson Roll # B-1407, County Clerk (Loose Records Project) Box 59, Fld. 20 – Box 60, Fld 13. Vol: 1742-1962. This film contains Box 59, Folder 22, which contains an inquest into the death of C. F. Trice. I have a copy around here somewhere …

Part 3 of ?: Identifying John Burke’s Children and Other Matters

This article continues an apparently never-ending series on John Burke, born in Virginia in about 1785 and died in 1842 in Jackson County, Tennessee. This Part Three contains information from two very dissimilar sources: (1) two family histories written by grandchildren of John Burke and (2) newspaper and court records. As to the histories, John’s great-grandson Victor Moulder wrote one of them. Victor and his brother George B. Moulder collaborated on the second. Images and information from both are ubiquitous on Ancestry.com. Unfortunately, some of the information about John Burke’s children from the histories is wrong, particularly regarding their migration history.

I do not mean to denigrate the Moulders’ histories, for which I am grateful. The brothers probably had no information other than oral family history handed down for three generations – over a century. I don’t know about you, but I can rarely tell the same story exactly the same every time. Inaccuracies due to the distance of time and fading memory creep in, and occasional, um, embellishments are introduced to keep the conversation lively. Some of the Moulders’ information was probably incorrect two generations before they wrote it down, and the oral tradition guarantees that new errors were introduced over time. Obviously, the Moulders didn’t have easy access to census records, court filings and tombstones to supplement their information. Fortunately, we do.

With that in mind, let’s begin with some more information from the Moulders before we get on to the other sources. This deals with “lite” facts and easily-resolved issues. If you need to get up to speed, here are links to Part One and Part Two of the John Burke series. And here is some of what the Moulders’ history said about their great-grandfather:

John Burke was born … in 1783 (died 1853) … took up a claim on War Trace Creek at Cumberland River near Gainesboro, Jackson Co. Tenn.; married Elizabeth Graves, who was born 1786 of Irish extraction (died 1831) … second wife [was] Janie Lamb.

John Burke’s dates of birth and death. As noted in Part Two, a birth year of 1783 is consistent with John’s age ranges according to the 1820 and 1830 federal censuses. He died on June 6, 1842, not 1853, according to his widow and several court filings reciting the month and year. John’s widow appeared in the 1850 census for Jackson Co. as Jane D. Byrk. Her household included her five children by John Burke and a sixth child named Burke who was too young to have been fathered by John.[1]

John Burke’s wives. Yes, John Burke’s first wife was Elizabeth Graves, daughter of Esom Graves and Judith Parrott. Elizabeth could have been born in 1786 since the 1820 census shows her as having been born during 1775–94. An 1831 date of death for her is wrong, because there is no female the right age to be Elizabeth in the 1830 census. Her last child was born in 1828.

Whether Elizabeth was “of Irish extraction” may be unprovable. I haven’t been able to prove her paternal line any earlier than her grandfather, John Graves. He was born in Virginia about 1735 (a rough guess based on his eldest son’s age) and lived in at least Spotsylvania and Halifax counties, Virginia.[2] Many, if not most, of the Graves found in colonial Virginia were descended from Capt. Thomas Graves, who arrived in Virginia in the early 1600s. Y-DNA tests prove that Elizabeth’s line wasn’t descended from Thomas Graves, but don’t (so far as I know) provide evidence of her Graves line’s country of origin. Elizabeth’s maternal line, the Parrotts, had been in the colonies since the 1650s, and they were from England.

John Burke’s second wife was Jane D. Basham, not Lamb, as she herself stated on her widow’s application for pension for John Burke’s War of 1812 service. That was almost certainly her maiden name.

The identity of John Burke’s children.

Let’s switch gears in terms of source material. No more “facts lite,” we are now into dense legal language. There are two documents which conclusively establish the identities of John Burke’s children: a newspaper ad[3] and a chancery court complaint.[4] They are a veritable genealogical gold mine. One of them even names a number of grandchildren (including my great-grandfather William Logan Burke, an early sheriff of McClennan Co., TX) and states the locations of many of John’s heirs. Let’s look closely at each document.

The Newspaper Ad. The first document concerns Jane D. Basham Burke’s application to a Jackson County court for a “writ of dower” to allot her dower portion of John Burke’s land. The law required her to give notice of her petition to John’s heirs. Requisite notice could be accomplished by taking out an ad or ads in local newspapers.[5] The notice, dated August 19, 1842, was published in the September 8, 1842 issue of The Republican, a local newspaper, and apparently reprinted in The Smith County Democrat.[6] It has the benefit of being contemporaneous evidence, which is inheritantly more reliable and persuasive than evidence provided at a later date. Furthermore, two very good witnesses – John’s widow Jane and his son John Carroll Burke, one of the estate administrators – undoubtedly provided the names of the heirs for the notice. The notice names only fifteen children. Jane was pregnant at the time with their daughter Matilda, who was born after the date of the notice.

Here is an image of the Newspaper Ad.

Note that John Burke’s two sons-in-law are identified in the notice. Until the twentieth century, a married woman in most states had no legal existence apart from her husband. Thus, a son-in-law, rather than a daughter, was actually the party to any lawsuit and was the designated recipient of any notice. Fortunately, the notice also names John’s married daughters. Note also that the children are not named in birth order: the last two were sons of Elizabeth Graves Burke.

Here is a transcription of the first paragraph of the article, with some additions. I have numbered John Burke’s children, added punctuation and spacing for clarity, and included some annotations in italics:

(1) Henry F. Burke,

(2) William G. Darwin and his wife Polly (formerly Polly Burke, a nickname for Mary),

(3) Alva Graves and his wife Parmelia (formely Parmelia Burke),

(4) James Burke (this is James W. Burke),

(5) John Burke (John G. Burke),

(6) William C. Burke (middle name Carroll),

(7) Elizabeth Burke and

(8) Paresiba (usually spelled ParesiDa) Burke by their guardian William G. Darwin (Darwin was the guardian of Elizabeth and Paresida, the only two in the preceding list who were still minors),

(9) Esom L. Burke (middle name Logan),

(10) Elvira Burke,

(11) James F. Burke (sic, this should be Jonas Burke),

(12) America O. Burke,

(13) Milly Jane Burke,

(14) Francis M. Burke (middle name Marion), and

(15) Franklin P. Burke (middle name Parrott),

by their guardian pendente lite, Richard P. Brooks (the guardian of children 9 through 15, all still minors in 1842), heirs of John Burke, deceased, and [notice is also given to] Richard P. Brooks and Carrol C. Burke (sic, William Carroll Burke), administrators of said John Burke, dec’d.

And that’s all the news that’s fit to print from the Newspaper Ad.

The Chancery Court Complaint

The second piece of fabulous evidence is an original complaint filed in the Jackson County chancery court in 1884 concerning John Burke’s estate. Briefly, some of John’s heirs alleged that Richard P. Brooks, one of the administrators of the estate, defrauded them regarding John’s land. I have no idea how the suit turned out, although there might be records to be found among the Jackson County microfilm. That film is a tough slog.

Like the application for dower allotment, all of John Burke’s heirs had to be named as parties to the lawsuit — because all had an interest in the estate. If one of John’s children had died by that time (in fact, several had died by 1884), then their children were heirs to the estate and had to be named. For this, we can be grateful that John Burke died without a will.

The list of heirs in the Chancery Complaint was obviously not contemporaneous with John Burke’s death in 1842. Because it is forty years later, it is obviously less reliable than the newspaper notice. The Complaint contains errors and omissions, as well as “blanks” where the complainants didn’t know the facts. Most of the “holes” can be filled with other evidence, though. Just the locations are worth their weight in gold for tracking this family.

Here is the Chancery Court Complaint’s list of John Burke’s children: Henry F. Burke, John G. Burke, Polly Burke, Permelia Burke, William C. Burke, James W. Burke, Esom L. Burke, Francis M. Burke, Parazidia Burke, Franklin P. Burke, Elisabeth Burke, Elvira Burke, America Burke, Matilda Burke, Jonas Burke, & Jane Burke, his only heirs at law. This list is closer to birth order than the other list, but still not quite accurate.

I am going to reproduce my transcription of the Chancery Court Complaint in its entirety, below. In the next article in this series, I will (finally!) take up information about the children themselves.

_________________

Transcription of the Original Complaint dated July 28, 1884 in the suit John G. Burke et al. vs. R. V. Brooks et al., Chancery Court of Jackson County, Tennessee. Transcribed from original document on TSLA Microfilm, Jackson Co., TN Roll No. 53, folder titled “Burke John G. & others vs Brooks R. V. & others, Chancery 1884.” Xerox copy made from FHL Film # 985,278.

“To William G. Crowley, Chancellor, holding the chancery Court at Gainsboro, Tennessee:

The Bill of Complaint of John G. Burke, Leonidas Darwin, William H. Darwin, Hiram C. Darwin, George C. Darwin, Mary A. Suite, Elizabeth Kelly & her husband Miles Kelly, Mary Carter & her husband William Carter, Milton E. Burke, John M. Burke, Sarah E. Hornbuckle & her husband [first name struck through] Hornbuckle, Angelina McCarry & her husband _______ McCarry, Elizabeth Padgett & her husband James Padgett, Ella Buhler & her husband Alexander Buhler, Adda Bettis & her husband William Bettis, Lucy Moore, Parazidia Lipscomb & her husband ______ Lipscomb, Permelia Lipscomb & her husband ______ Lipscomb, William L. Burke, John P. Burke, Franklin P. Burke, James P. Burke, Uhley Woollard & her husband Henry Woollard, Sally B. Burke, Francis M. Burke, Franklin P. Burke Sr., Elizabeth Simpson & her husband Thomas D. Simpson, W______ P. Hopkins, M_____ B. Hopkins, John O. Hopkins, M______ E. Hopkins & her husband Sydney Hopkins [additional interlining unreadable], Andrew L. Hopkins, Mary Ann Hopkins, Nannie B. Hopkins, John Anderson, Juda Anderson & her husband ____ Gibson?, Henry Burke, Jno R. Burke, Thomas Burke, Elizabeth Parker & Marion Burke, complainants

against

V. Brooks, personally, and as Executor of the last will of Richard P. Brooks, deceased, Caleb Roberts, Josiah Roberts, Meredith Brown, & Asa Denson,

of Jackson County, Tennessee,

and Matilda Long & her husband Lane (?) Long of the State of Kentucky,

Defts. [sic, Defendants]

Your complainants, aforesaid, complaining, state that they are heirs at law of John Burke who died intestate in Jackson County, Tennessee where he resided about the year 1842, leaving surviving him a widow named Jane Burke and the children whose names follow to wit:

Henry F., John G., Polly, Permelia, William C., James W., Esom L., Francis M., Parazidia, Franklin P., Elisabeth, Elvira, America, Matilda, Jonas & Jane Burke, his only heirs at law.

Richard P. Brooks was appointed and acted as administrator of his personal estate and he has lately died and deft R. V. Brooks is his Executor appointed less than two years & six months ago. There are no debts against the estate of said John Burke.

Said John Burke the common ancestor of complainants, at his death owned several valuable tracts of land lying in Jackson County, Tennessee, on one of which he resided at the time of his death, and about 200 acres of it, the homestead, was duly allotted and assigned by the Circuit Court of said County to his said widow as her dower, and a decree of said court duly entered to that effect, and she took possession of it as such and resided on it for a considerable time and until she conveyed it or transferred it in some way as such dower and estate for her life to said Richard P. Brooks who went into possession of and held it as such during her natural life, which terminated on the ____ of _______, 1881, less than seven years before the filing of this bill; and it has been less than seven years since the right of action of the heirs of John Burke dec’d accrued for said dower land.

Said dower tract lies on the Cumberland River on the south side of it and is bounded North by Cumberland River, East by the lands of Joshua Haile Jr., South by the lands of R. A. Cox & Hoover and West by __________________ and lies in White’s Bend of said river. The lines cannot now be given by complts but reference is to be had to the lines of said dower as laid off by the Court, the records of which were destroyed & burned up some years ago without the intention or knowledge of complts.

It is believed and so charged from belief that deft Brooks or if not he some of the other claimants under his testator the defts have a copy of the decree allotting the said dower. If so let them answer as to it & produce it & file it with their answer.

Complts further allege that some time after the death of John Burke their ancestor said Richard P. Brooks the admr procured some of the heirs to join him in filing a bill or petition in the Circuit Court of Jackson County against others of the heirs to procure a sale or partition of the lands of said John Burke not covered by the dower and under it they were sold in or about the year 1843, as now remembered, by the clerk & commissioners of said Court and they were purchased in by said Richard P. Brooks or at least part of them were bought by him, including that part of the home tract not covered by the dower. There was a large quantity of the lands & quite valuable.

At the same time of the sale of the other lands outside of the dower said Richard P. Brooks fraudulently procured a pretended sale of the remainder in the land covered by said dower allotted to the widow, and pretended to purchase it in himself at the grossly inadequate price of three hundred dollars, or thereabout, although there was no application in the bill or petition to the court for a sale of it and under the law the court had no jurisdiction to sell it – the widow being then living.

The Heirs were all then young and most of them, including several of complts & their ancestors, under 21 years of age, and all ignorant in matters of law and conveyancing etc, and all relied on and confided in said Brooks, the admr., who was a shrewd person, versed in such matters, and, afterward, if not then, a lawyer.

They objected at the time of the sale, in the presence & hearing of said Brooks & others there to the sale of the dower land, and contended that there was no application to sell it; but, Brooks fraudulently & wrongfully went on and had it sold & bought it in, over their objections, and, as they now believe, & so charge, for the purpose of cheating the heirs out of it; for, among other badges of fraud, he afterward admitted to friends, at times, that he had no title to it, and that it was really the rightful property of the said heirs.

He, soon after this sale, purchased of the widow her life estate in dower and took possession of it as such, and held it up to her death, & to his own death about two years past, acknowledging the rights of the heirs to the remainder.

Complts charge that during the time said R. P. Brooks so held and occupied said land, he committed and permitted great waste and injury to it, and to the injury & damage of the heirs, by permitting it to dilapidate, by bad cultivation and husbandry of himself & tenants, by taking down & removing the fences & houses, etc., from it to his other lands; by cutting down & removing & deadining (?) & destroying the valuable timbers of which there was much; by destroying and permitting to be destroyed & injured the valuable orchards, to the damage of the heirs to large amounts. He also took the rents & profits of said land to large amounts, after the death of the widow, to which the heirs were entitled. And the other defts R. V. Brooks, Caleb Roberts, Josiah Roberts, Meredith Brown & Asa Denson have continued all these wrongs since, to the damage of the heirs. But the amounts of the rents & damages for which each or any of them is liable cannot be stated or ascertained without an accounti[ng] thereof; it being a matter of complicated account, fit, & fit only, to be ascertained by a court of chancery, and not fit or considerable in a court [remainder of this page is missing. The complainants are just asserting that the case must be tried in the chancery court, that the county court of law doesn’t have jurisdiction.]

They all claim under the title of John Burke the common ancestor of complts whose title papers are supposed to be in possession of deft Brooks, or if they are not they are so unintentionally lost or mislaid or destroyed that complts cannot find them & that the registration of them is also so unintentionally destroyed.

Said R. V. Brooks, Caleb Roberts, Nathan Roberts, Josiah Roberts, Meredith Brown & Asa Denson are the present occupants of said land, and claim it wrongfully, and refuse to give it up or, surrender the possession of it to the heirs of said John Burke, dec’d, or pay the rents & damages; though the heirs have duly demanded the same of them, and said rents and damages, with the interest thereon, are due and unpaid to the heirs.

Your complainants are informed & believe, and, so, charge, that Richard P. Brooks did not pay any thing for the said remainder interest in the land covered by said dower; and, therefore, he is not entitled in any event to any reimbursement. Yet, if it turn out that any of the heirs did in fact get any part of its proceeds, they are, respectively, willing to refund it & do justice, upon the land being surrendered or decreed to be given up to them; and they have offered this to the present occupants. But they refuse, as aforesaid, to surrender & pay. So, complts must sue for their rights.

At the death of said John Burke the common ancestor of complts his said lands descended to his aforesaid children, then living, equally. After his death some of them died and some of them died leaving issue who inherit through them their portions of said lands, and they are as follows: Polly, a daughter of said John the common ancestor, married William Darwin, and died leaving children to wit: Leonidas Darwin of Texas, William H. Darwin of Arkansas, Hiram C. Darwin of Texas, George C. Darwin of Jackson County, Tennessee, Mary A. [might be Ann] a daughter who married a man by name of Suite, but he is dead and she is a widow & resides in Texas; Elizabeth, who married Miles Kelly, and they reside in Kansas; Granville Darwin who died leaving one daughter Mary who has married ___________________ Carter & they reside in Jackson County Tennessee; Parasidia, a daughter, who married Alexander Taylor, & they reside in Arkansas; and Polley, a daughter, who died without issue after her mother died and her share descended to her brothers and sisters the children of Polly Darwin, aforesaid, equally.

Henry F. Burke, a son of the common ancestor, died about Nov., 1845, leaving four children, to wit: Milton E. Burke, John M. Burke, Sarah E. a daughter who has married _____________ Hornbuckle, all of the state of Missouri, and Angelina a daughter who has married _____ McCary who resides in Kansas.

Parasidia, a daughter of the common ancestor, married W. W. More [sic, Moore] and afterward died intestate, leaving the following children, to wit: Elisabeth a daughter who has married James Padgett of Wilson County, Tennessee; Ella, a daughter who has married Alexander Buhler of Wilson County, Tennessee; Adda(?), a daughter, who has married William Bettis of Wilson County, Tennessee; & Lucy Moore, a daughter, of Wilson County Tennessee;

Permelia, a daughter of the common ancestor, married Alva Graves, and they are both dead, leaving two children, daughters, to wit, Parasidia, who married _____ Lipscomb, and Permelia, who married ____________ Lipscomb, all of the state of Missouri.

Esom L., a son of the common ancestor, died, leaving the following children, all of whom reside in Wilson County, Tennessee, to wit: William L., John P., Franklin P. & James R. Burke, sons, and two daughters, to wit Uhley, now wife of Henry Woolard and Sallie B. Burke, the said F. P., Sallie B., & Jas R. are minors without guardians and sue by their brother & next friend William L. Burke.

The following children of the common ancestor are living to wit John G. of Wilson County, Tenn., Francis M. of Texas, Franklin P. of Missouri, sons, & Elizabeth the wife of Thomas D. Simpson of Texas, and Matilda, the wife of Lone(?) Long, of Kentucky.

Elvira, a daughter of the common ancestor, married Otey Hopkins, and died, leaving the following children, her only heirs, to wit: W.____P., M_____ D., John O., M_______ E., Sydney, Andrew L., Nannie B. & Mary Ann Hopkins. Sidney Hopkins Andrew Hopkins Naney B. Hopkins & Mary Jane Hopkins (John Anderson & Frances) Anderson minors who sue by their next friend George C. Darwin. [Note: I have transcribed this paragraph exactly as it appears in the original, so far as I can tell. The draftsman was clearly getting tired.]

America, a daughter of the common ancestor, married _______________ Anderson, and died, leaving the following children surviving her, to wit: Judey & John Anderson, who reside in Jackson County, Tennessee.

James B. Burke [sic, should be James W. Burke], son of the common ancestor, who died, leaving the following children & heirs to wit: Jno R. Burke, Thos. Burke, Elizabeth Parker, widow of ___________ Parker, and Marion Burke, citizens of the state of Kentucky.

Wm. C. Burke, son of the common ancestor, who died, leaving one child & heir Henry Burke, a citizen of the state of Kentucky.

The common ancestor had one son named Jonas at his death and a daughter born in lawful time a few months after his death whose name was Jane, as now remembered, who both died intestate & without marriage or issue many years ago, before the death of the widow and their shares descended to the other surviving heirs of the common ancestor to wit those herein stated in the same proportions as the other parts of the estate descended to them from said common ancestor. One error about John Burke’s sixteen children: Milly Jane wasn’t the afterborn child, who was named in the Newspaper Ad. The afterborn child was Matilda Burke Long.

Your complts further state that the said land sued for is not susceptible of partition among the owners of it owing to the number of owners being so great, for want of timber & water and being bounded and hemmed by adjacent owners’ lands and by the natural obstructions so that roads & ways for ingress & egress could not be had to & from it by reason of all which & perhaps other good reasons the value would be much diminished so that it is not susceptible of such partition in kind without manifest injury to the owners and it would be manifestly to the interest & advantage of the owners that the land be sold and the proceeds partitioned among them.

Prayer. The premises being considered, your complts pray that this bill be filed in said court, on behalf of Complts and of said Matilda Long & her husband, if they shall choose to avail themselves of its benefits under the rules of law & practice; that the persons named in the caption as defendants be made such by proper process & orders of publication etc; that they be compelled to answer fully, not on oath; that they answer as to the said copy of the decree & other title papers aforesaid and file with their answers if they have them; that upon hearing decrees be entered declaring the rights & title of complts & Long & wife and setting up their title to be complete in & to said land and vesting the same in them according to their several rights and that they be put in possession thereof; that the defts in possession & claiming the lands be held liable for the rents, waste & damages of the lands with interest thereon; that deft R. V. Brooks as Executor of the will of said Richard P. Brooks, deceased, and the estate of said Richard P. Brooks be held liable also for the same; that all proper & necessary accounts thereof be taken and reports made and all proper & necessary decrees entered to declare & enforce the rights of said heirs or if complts have mistaken their relief that such other and further relief be granted them as may seem right & lawful.

As the rental is quite valuable and some of the defendants not solvent complts pray that a Receiver be appointed to rent out the lands and secure the rents pending the litigation and such orders made & proceedings had as may be necessary & proper.

Complts also pray that defts be injoined from committing further waste or damage to the lands.

This is the first application for an injunction in this matter.

A. Swope

A. Witt? or Mott? Solicitors for complts

State of Tennessee Personally appeared before

Jackson County me H. W. Winn? Clerk & Master of the

Court of said county G. C. Darwin Jr.? one of the complainants in the foregoing bill and made oath that the facts stated in said bill are true as stated according to his information & belief. And those allegations made from information he believes to be true & subscribed this affidavit? before me on the 28th day of July 1884.

Sworn to G. C. Darwin [signature]

Test M. W. Winns? Clerk

[1] 1850 federal census, Jackson Co., TN, Jane D. Byrk, sic, Burke, 35, with Jonas Burke, 13, Elvira L. Burke, 12, America Burke, 10, Milly Burke, 9, Matilda Burke, 8 and Margaret Burke, 1. Margaret was not a child of John Burke, who died in June 1842. Nor was she a grandchild of John Burke’s.

[2] Virgil D. White, Genealogical Abstracts of Revolutionary War Pension Files, Volume II (Waynesboro, TN: The National Historical Publishing Co., 1991), abstract of the pension application of Reuben Graves, who testified that he was mustered into VA militia between age 15 and 16 as a substitute for his father John Graves; soldier lived in Halifax County, Virginia at enlistment, and was born 23 May 1760 in Spotsylvania County, Virginia; in 1805 he moved to Wartrace Creek in Jackson County, TN and he applied there 2 October 1832, aged 72. See also Catherine Lindsay Knorr, Marriage Bonds & Ministers Returns of Halifax County, Virginia 1753-1800 (1957), 11 Jan 1787, Esom Graves and Judith Parrott were married by Rev. James Watkins; 27 Nov 1786, Reuben Graves m. Elizabeth Yarborough. See also Halifax Co., VA Plea Book No. 14, Aug. Term 1789 to July Term 1790, original viewed by the author at the Halifax courthouse, an April 1790 road order tithables included both Reuben Graves and Esom Graves and established that they lived in the same fairly limited area. Finally, see Smith County, TN Deed Book B: 295, deed dated 3 Jun 1805 from Rencher McDaniel of Wilson to Reuben Graves, 250 acres on the waters of War Trace Creek on the north side of the Cumberland River adjacent Easom Graves, deed witnessed by Easom Graves. Reuben and Easom/Esom were brothers.

[3] Issue of The Republican dated Thursday, Sept 8, 1842 printed in the September 8, 1842 issue of the Smith County Democrat, page 3, column 5. A copy of the article is also available in the vertical files at the TLSA, filed under “Burke.”

[4] TSLA Microfilm, Jackson Co., TN Roll No. 53, folder titled “Burke John G. & others vs Brooks R. V. & others, Chancery 1884,” Original Complaint dated 28 July 1884. See also Family History Library Film # 985,278.

[5] Notice of Jane’s application for dower was required because every heir at law had an undivided ownership interest in John’s land. Because John died without a will, his estate was subject to the Tennessee law of intestate descent and distribution. Such laws provided that property was distributed to all heirs, with different treatment among the states between real and personal property and between children and the widow. Here is an article about legal issues relevant to genealogy.

[6] I obtained a copy of the ad via snailmail back in the pre-internet era. The TSLA staff had a really hard time finding it, and the librarian who mailed it to me wasn’t exactly clear about which newspaper she found the notice in. Here’s to the good ol’ days.