Person:David Rutherford (2)

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BURKE COUNTY, NORTH CAROLINA

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 from Lunenburg County, Virginia and served on Rutherford’s 1776 Cherokee Expedition. Dr. Joseph Dobson was Mary Hyatt's brother's father-in-law - Seth Hyatt.

David Rutherford qualified with Robert Montgomery as Exec. of William Rutherford's estate Jan 1793 and about same time received deed of gift from William of Negro man. Robert Montgomery was probably a son-in-law although marriage records between Montgomery and Rutherford have not been located.

David Rutherford gave security for Robert Montgomery to be Administrator of estate of Bridget Montgomery Oct 1798.

David Rutherford served on a Burke NC jury a number of times; 1793, 1798 and was a Grand Juror in 1796.

There was a deed for 143 acres from David Rutherford to William Connelly dated 3 Apr 1797. William Connelly was married to Rebecca Sherrill and was the son of John and Jane Ballew Connelly. His brother was Israel Pickens Connelly.

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. Strawbridge Young was the first Young to settle in what would become Yancey County, NC. He was born March 4, 1772, and was probably named for Methodist minister Robert Strawbridge.

David Rutherford was appointed road overseer from Morrow Ford on North Fork to Paddy's Creek Ford on Linville Ridge Oct 1801 and replaced Jan 1803. This is in present McDowell, NC.

David Rutherford received a land grant in Burke NC Dec 1814.

David Rutherford made purchases at the Old Morganton (Burke Co.) NC store in 1792 along with John and James Rutherford [his brothers].

David Rutherford is listed in the 1800 and 1810 census records:

Burke NC 1800 census: 2 males 0-10, 1 male 26-45, 3 females 0-10, 1 female 26-45, 2 slaves.

John Carson and Lidy Cox married Jul 25, 1809 - David Rutherford - bondsman - no witness - Burke County, NC

1810 Burke NC census: 1 male 10-16, 1 male 16-26, 1 male 26-45, 3 females 10-16, 1 slave. [Mary Hyatt does not appear in this census]

David Rutherford and Mary Hyatt were divorced sometime between 1801 and 1808 and David migrated to Indiana sometime between 1814 and 1818.

William Stallcup and Mary Hyatt Rutherford were married on 10/27/1808 and they moved to Jackson Co. Tennessee. William was born 4/23/1786 in Orange Co., NC and died in 1878 and is believed to be buried near Sweetwater, TN. He was married twice: first to Mary Hyatt in 1808 [she is shown as daughter of Hezekiah Hyatt] and later, after Mary Hyatt's death to Linney Sanders 3/29/1843 in Macon Co., NC. There were 11 children by the first marriage and 4 by second. None of the names shown match the Rutherford children. William Stallcup and his wife Mary Hyatt Rutherford Stallcup are believed to be the ancestors of all the Stalcups currently living in 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 North Carolina 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 Hyatt Rutherford, 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

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David Rutherford m. [2] Nancy Jennings Gee Nancy Gee married David Rutherford 2/22/1818 Washington Co., IN Nancy was the widow of Mark Gee d. in Casey Co., KY in 1811 m. 1803

Nancy Gee was appointed guardian to John, Martha, Rhoda and Josiah Gee in the January 1817 probate records [vol A-pg 54] of Washington Co., IN. Sureties were James McKinney and Elias Williams. This proceeding also was recorded in Casey Co., KY, deed records (bk 2, p 350).

Mark Gee and Nancy Jennings m. 5/9/1803 in Mercer Co., KY d. in Casey Co., KY in 1811

four Gee children: John (c1804-1872) Martha (1805-1849) Rhoda (c1808) Josiah Gee (c1810-1876)

Nancy Jennings Gee Rutherford lived in Washington Co., IN in 1817

The 1820 US census shows David Rutherford with seven children, four of whom match the age ranges of the Gee children. [Four girls/three boys] The appearance of three additional children indicates either that David Rutherford had other children from an earlier marriage, or he and Nancy had two children between 1818-1820. There are three "missing daughters" from David's first marriage.

Three of the Gee children were married in Washington County; John later moved to Clay Co., IL, while Martha and Josiah settled in Boone Co., IN.