Person:Mary Hyatt (2)

A deed for 155 acres from Strawbridge Young to David Rutherford dated 4 Oct 1799. Strawbridge Young, the son of Thomas Young and Naomi Hyatt. Thomas Young and Naomi Hyatt were David Rutherford's wife's [Mary Hyatt] aunt and uncle - Strawbridge was her 1st cousin. Naomi being the sister of Mary Hyatt's father Hezekiah Hyatt.

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Burke County, North Carolina, Land Records and Miscellaneous Records 1751-1809 by Edith W. Huggins - p. 161 - File 1790:

Joseph Dobson, Sr. vs. James Rutherford. Bond: David Rutherford, 2 papers on file, July.

[Dr. Joseph Dobson was Mary Hyatt's brother's father-in-law - Seth Hyatt.]

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It's an interesting story as to why the Dobsons and Rutherfords were at odds.

Seth Hyatt, Mary Hyatt's brother, married Anna Dobson in 1806 and was given a farm by her father. Seth Hyatt then ran off with Nancy Smith before 1810 and the divorce was finalized by 1813. William Stallcup and Mary Hyatt Rutherford were married, according to Larry Stallcup, on 10/27/1808. They went to Jackson Co. Tennessee and lived in the same cabin with Nancy Smith and Seth Hyatt from July to October of 1810. William then offered Seth Hyatt a mare to ride home to Burke County, North Carolina where his wife Anna Dobson was living. However, Seth Hyatt said "Tell my people in Burke County, that my bones and their bones will be buried along ways apart." He sold the farm and everything which had been given him by Anna Hobson's father. Anna and her two sons were put out homeless a month before her third child was born. Not a pretty picture but this is according to records. [personal communication from Willa Dean Boyd]

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William Stallcup and Mary Hyatt Rutherford were married on 10/27/1808 and they moved to Jackson Co. Tennessee. William Stallcup was married twice: first to Mary Hyatt in 1808 and later, after Mary's death to Linney Sanders 5/29/1843 in Macon Co., NC. Mary Hyatt had at least 3 children with David, perhaps as many as, five. She had 11 children with William Stallcup. William Stallcup and Mary Hyatt are the ancestors of the Stallcups of Western North Carolina.

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David Rutherford took custody of his children; Hezekiah Hyatt, Hannah, Nancy, William and perhaps 1 other and left for Indiana:

The 1820 US census [Washington County, Indiana] shows David Rutherford and his 2nd wife Nancy Gee with seven children, four of whom match the age ranges of the Gee children from her 1st marriage. [four girls/three boys] The appearance of three additional children indicates either that David Rutherford had other children from his first marriage, or he and Nancy had two children between 1818-1820. In any case, there are two missing daughters from his first marriage as well as one missing son from David's first marriage with Mary Hyatt which is not found in the Burke County, NC record. His sons William and Hezekiah are listed under their own names in the 1820 census and David’s daughter Hannah is listed with her husband Adam Trinkle.

David Rutherford 218 011101 22010 300

Hezekiah Hyatt Rutherford 218 000100 00100 100

William Rutherford 217 100010 20010 100

Trinkle, Adam 218 000100 20100 100 - Hannah Rutherford m. [1] Adam Trinkle Washington 07-31-1817

Nancy Rutherford + John Gardner Washington County 12-31-1817 - Indiana State Library Genealogy Division Indiana Marriages Through 1850

Nancy Rutherford +Jacob Doan Washington County 12-12-1822 - Indiana State Library Genealogy Division Indiana Marriages Through 1850