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Pvt. Randolph "Randle" Rutherford, Sr., of Wythe Co., VA
Facts and Events
Randolph Rutherford was one of the Early Settlers of Augusta County, Virginia
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Will Abstract
- Clerks Office - Wythe Co., Virginia
- See Will Book No. 5, Page 354
- Will of Randle Rutherford
- Dated 5 day of January 1841.
- Probated 11 day January 1841
- Mentions - Beloved wife Polly Rutherford, Sons John Rutherford, James Rutherford, William Rutherford, Calvin M. Rutherford, Nehemiah Rutherford; Daughters - Jame Frye, Nancy Orr, Polly Orr, Elizabeth Shipley, Delila Austin,
- Ann Branham.
- Grandsons Calvin and Jeriah Rutherford sons of my son John Rutherford -
- To Nancy Carter daughter of Polly Carter for her good attention to me in my sickness - Love and affection. I leave her a stove.
- Executor - Friend James T. Graves [s/b Gleaves]
- Witnesses: Stephen Rosenbaum, Adam Rosenbaun
- Signed J. P. Mathews, Clerk of Court
- [Source: "Rutherfords to America, The Ancestors and Descendants of Henry Rutherford and the Rutherfords in America", comp. William Benjamin Rutherford].
Will Transcript
- R. Rutherford's Will, Wythe Co., VA Will Book 5, pg. 354-357
- In the Name of God Amen, I Randle Rutherford, of the County of Wythe, being sick and weak in body, But of sound mind and disposing memory (for which I thank God), and calling to mind the uncertainty of human life, and being desirous to dispose of all such worldly Estate, as it hath been Please God to Bless me with, do in manner following make this my last will and Testament, Viz.
- 1st It is my desire that all my just debts, and funeral expenses be paid out, of any monies arising from my estate or that may be on hand at my death.
- 2d. I give to my beloved wife Polly Rutherford my negroes namely, Will, Sarah, Harrison and John and the child that Sarah is now pregnant, of if it should live, during her life, and I give to her Two Hundred Dollars out of the money arising from the sale of any land and I shall hereafter direct, during her life, and I give to her Two Good Beds, and the necessary furniture for them, I also give to here my pal mare, her saddle & Bridle, and Two Milch [Milk} Cows, her choice, Five hogs her choice, and Ten head of Sheep her choice, and her and her negroes support the first year; after my death out of my grain and meat, now on hand provided she shall remain on my plantation the present-year, I also give to her my negro boy Nelson, during her life,
- 3rdly. I give to my son James Rutherford my Negro Boy Rufus, which he has received and one hundred and Fifty Dollars, out of the money arising and of the sale of my stock.
- 4thly, I give to Calvin and Josiah Rutherford, sons to my son John Rutherford, deceased, the sum of Two Hundred Dollars, each to be paid them by my executor out of the moneys arising from the sale of my land as I shall hereafter direct.
- 5thly, I give to my Daughter Jane Fry, my negroe, girl Anne, and they sum of Three Hundred Dollars all of which she has received.
- 6thly, I give to my Daughter, Nancy Orr my negroes Washington which she has received and my negroe woman Fanney and her increase from this time henceforth,
- 7thly, I give to my Daughter Polly Orr my negroe girl Bettey and my negro Boy Alexander, Bettey she has received.
- 8thly, I give to my Daughter Elizabeth Shipley, my negroe girl Lovely which she has received.
- 9thly, I give to my Son William Rutherford my negroe Boy Frank to receive at my death, and my negroe Boy Nelson at the death of my wife, except that my son Calvin will pay to said William at his Mothers death the then worth of said Nelson, if so it is my will that Calvin Rutherford, my son have him.
- 10th. I give to my son Nehemiah Rutherford, my negroe Boys Wesley and Henry and my negro woman, Nanney.
- 11thly, I give to my son Randle Rutherford my Negroe Boy Andrew, and Two Hundred Dollars out of any money arising from my estate,
- 12th, I give to my Daughter Delila Austin my negroes Dicey and Milly and Diceys increase have now henceforth and Nancy the said Diceys Daughter.
- 13th, I give to my son Calvin M. Rutherford, my negroes namely Wlll, Sarah, Harrison and John and Sarahs increase have and henceforth which he is receive at the death of his mother or sooner if it is her will.
- 14th I give to Ann Branham, my Negro Boy, Henderson and Milly, a Negroe Woman that she has received,
- 15th, I am indebted to Polly Carter to some amount, and I do now allow her to have my negroe girl Matilda, and to my to my executor for the benefit, of any heirs herein named the sum of One hundred Dollars, and the said girl to be her property.
- 16th, For the affection I have for Nancy Carter, Daughter of Polly Carter and for her good attention to me during my sickness, I give to her my Negroe girl Bettey, Daughter of my negroe Woman Dicey.
- It is further my will that my negroe boy Jim be sold amongst my children at public sale, by my Executor to the hightest bidder.
- It is my will and I do so direct, that, after my death, that if my wife, Polly Rutherford should live in the house wherein we now life during her life, then she is not to receive the Two Hundred Dollars which I have herein before allowed to her, But to have her lawful interest in all my lands during her life, or until she removes from it, and if she removes within Twelve Months after my death then she is to have the above named Two Hundred Dollars, and her interest to cause in my lands and that my executor make sale, of all my lands to the highest Bidder, as soon after my death, as he may think proper at a credits, of two & three years either subject to the Interest of my wife or if she should remove from it, to make a sale Clear of any incumberance whatever as the case may be.
- I further direct, that my Executor as soon as convenient, after my death make sale of all my property not not [sic] otherwise dispose of.
- And it is further my will that after paying all my Just debts and complying with every requisition of my will that the residue, of my estate, be equally divided amongst all my lawful children now living except my Daughter Jane Frey, and she is not to have any more than I have before given to her.
- And lastly I appoint my friend James T. Gleaves my executor to this my last will and Testament.
- In Witness whereof I have set my hand and affixed my seal this 5th day of January 1841.
- [Signed] Randle [his X mark] Rutherford [Seal]
- Signed Sealed and published and declared by Randle Rutherford in and for his last will and Testament in presence of us
- Joseph Wallis
- Stephen Rosinbum
- Adam Rusinbum
- Virginia, At a Court land for Wythe County at the Courthouse on Monday the 11th January 1841,
- This the last will and testament of Randle Rutherford Dec'd was presented in Court, proved by the oaths of Joseph Wallis, Stephen Rosenbum & Adam Rosenbum for the subscribing witnesses thereto and ordered to be Recorded and
- On the motion of James T. Gleaves the executor named in said will who took the oath required by law and together with Joseph Kintz & James R. Miller his securities entered into and acknowledged a bond in the penalty of $16,000 conditioned as the law directs, certificate is granted him for obtaining probate of said will in due form.
- Teste: J.P. Mathews C.C.
Records in Virginia
From Wikitree.com
- Randolph Rutherford appears on James Newell's militia lists for 1781 and 1782... His first land was taken up by survey in 1782, a tract of 150 acres adjoining Adam Dean and Samuel Smith. In 1797, he obtained land from his brother Absolum who had purchased it from their brother Julius. The tract was kept a few years and then sold to Jacob Keesling in 1803. This was located on Mine Mill Creek... Randolph also purchased 150 acres from Robert Sanders and Caty in 1792, 35 acres from James Newell in 1799, and a tract belonging to Michael Worley in 1801... In 1805 Randolph Rutherford purchased 288 acres from Benjamin Smyth and wife Margaret. The tract, located on the west side of Dean's Branch, was sold in 1813 to David Peirce, but with an interesting reservation. 'I reserve 1/4 acre for the use of the burring [burying] at the Meeting House'... Nothing is known about the Meeting House mentioned..." [Mary B. Kegley, Early Adventurers on the Western Waters, 3:498].
- 1792. Randolph Rutherford, 150 acres joining lands of Samuel Smith and Adam Dean. [Montgomery County, Virginia Surveys, from Kegley, Voluem 3:371].
- 10 Dec 1792. Robert and Caty Sanders to Randolph Rutherford, 175 acres by patent 9 Nov 1790, branch of Cripple Creek. [Wythe County, Virginia Deed Book 1:120, from Kegley].
- 1796. Grant to Randolph Rutherford for 59 acres adjoining Lucas Hood and John Gordon in Wythe County. [Kegley, 3:371].
- 13 Sep 1796. The Grand Jury considered the following charges: against Mathias Rosenbaum for obstructing the road from his house to Blue Spring by the knowledge of William Gleaves and Ran. Rutherford; against John Johnston [inkeeper] for sellig rum above the tavern rates, by the knowledge of John Carr and Rand. Rutherford. [Mary B. Kegley, Abstracts of Court Orders of Wythe County, Virginia 1790-1791, 1795-1810 (1996)].
- 1797. Robert Percival from Randolph and Mary Rutherford, 100 acres on both sides of Cripple Creek, adjoining William Gleaves. [Kegley, Early Adventurers, 3:377].
- 1799. Randolph Rutherford from James and Sarah Newell, 35 acres adjoining Gleaves. [Kegley, Early Adventurers, 3:378].
- 1800. Randolph Rutherford, 35 acres on the north side of Cripple Creek, granted 1800. [Kegley, Early Adventurers, 371].
- 8 Sep 1801. Grand Jury hearing: Henry Kettner for retailing spiritous liquor without a license by knowledge of Randal Rutherford and George Buckalew. [Kegley].
- 13 Apr 1802. Grand Jury: (includes) Randall Rutherford. [Kegley].
- 8 Jun 1802. Grand Jury impaneled: Randal Rutherford. [Kegley].
- 12 Jun 1804. Randal Rutherford exempted from payment of county levy for one tithe in the present levy. [Kegley].
- 12 Jul 1814. Randal Rutherford to act as overseer of the road from the mouth of Lick Branch to the Grayson County line. [Kegley, Volume 2].
- 11 Jun 1822. Randolph Rutherford was discontinued as overseer of the road from the mouth of Lick Branch to the county line of Grayson. [Kegley, Volume 3].
- 13 Jun 1826. Claims Allowed: Randolph Rutherford, 70 hours, $4.50. [Kegley, Volume 3].
- 9 Sep 1839. Randolph Rutherford (and others) to appraise the estate of George W. Danner. [Kegley, Volume 4].
- 11 Jan 1841. The will of Randle Rutherford was proved by Joseph Wallis, Stephen Rosenbaum and Adam Rosenbaum. J. T. Gleaves to be executor. [Kegley, Volume 5]. All the children were named in the will of Randolph Rutherford, dated Jan 1841, proved 11 Jan 1841 in Wythe Co., Va. [Will Book 5:354] .
- 10 May 1841. Ordered that Alfred C. Moore, William C. Chatwell and William Henley be appointed to assign Polly Rutherford, widow of Randolph Rutherford, deceased, her dower. [Kegley, Volume 5, page 5].
- 14 Jun 1841. The assignment of dower to Polly Rutherford, widow of Randolph Rutherford, was returned and recorded. [Kegley, Volume 5, page 7].
- 9 Aug 1841. Ordered that James T. Gleaves, executor of the estate of Randal Rutherford, deceased, settle the account. [Kegley, Volume 5].
- 13 Dec 1841. Inventory, appraisement and sales of the estate of Randal Rutherford, deceased, were recorded. [Kegley, Volume 5].
- 20 May 1842. Sale of Randolph Rutherford, Sr. farm to James T. Gleaves.
- Page 1, This Indenture made this 20 day of May in the year of Christ one thousand eight hundred and forty two between Calvin Rutherford and Josiah Rutherford heirs of John Rutherford deceased – James Rutherford, Jane Fry wife of Philip Fry, Nancy Orr, Polly Orr wife of William Orr, Elizabeth Shipley, William Rutherford, Nehemiah Rutherford, Randal Rutherford, Delilah Austin wife of John Austin and Calvin M. Rutherford heirs of the late Randal Rutherford of Wythe County Virginia of the one part and James T. Gleaves of the county and state aforesaid of the other part – witnesseth that the said Calvin Rutherford and Josiah Rutherford (heirs of John Rutherford deceased), James Rutherford, Jane Fry wife of Philip Fry, Nancy Orr, Polly Orr wife of William Orr, Elizabeth Shipley, William Rutherford, Nehemiah Ruther(ford), Randal Rutherford, Delilah Austin wife of John Austin and Calvin M. Rutherford for and in consideration of the Sum of eight hundred and five dollars to them in hand paid by the Sd Gleaves the receipt of which is hereby acknowledged have bargained and sold and by these presents do give grant bargain and sell unto the said James T Gleaves a certain tract or parcel of land (except that Polly Rutherford – widow of Randal Rutherford deceased shall hold and possess her dower in the same during her life time) lying in Wythe county on the waters of Cripple creek containing 335 ½ acres be the same more or less and bounded as follows Viz Beginning at two white oaks thence with James T Gleaves land S 64 W 93 poles crossing a branch to a stake N 51 W 93 poles to a white oak on a ridge N 78 W 31 poles to a double white oak S 80 ¼ W 80 poles to a white oak on the point of a ridge near the creek S 11 W 54 poles to two white oaks near the creek thence with Rosenbums land S 25 E 36 poles to a white oak S 5 W 133 poles to two red oaks near a spring thence with Fry’s land S 29 E 20 poles to three white oaks by the corner of a fence thence along sd fence in part N 69 ¼ E 444 poles leaving Fry’s land and in part with an other tract of James T Gleaves land to three poplars from one root thence with Burrs land N 80 ½ W 106 poles to a large white oak stump by which is a hickory marked N 68 W 39 poles to four maples on a ridge thence N 17 W 39 poles to the beginning with its appurtenances to have and to hold the said tract of land with its appurtenances except as herein before excepted unto the said James T. Gleaves and his heirs and the said Calvin Rutherford and Josiah Rutherford heirs of John Rutherford deceased, James Rutherford, Jane Fry wife of Philip Fry, Nancy Orr, Polly Orr wife of William Orr, Elizabeth Shipley, William Rutherford, Nehemiah Rutherford, Randal Rutherford, Delilah Austin wife of John Austin, and Calvin M. Rutherford for themselves and their heirs do covenant with the said James T. Gleaves that they – the party of the first part hereto, the said tract of land with its appurtenances unto the said James T. Gleaves and his heirs against the claim or claims of all persons whomsoever (except Polly Rutherfords life estate or dower interest in the Same) do warrant and will forever defend in testimony of which the said Calvin Rutherford and Josiah Rutherford heirs of John Rutherford deceased James Rutherford, Jane Fry wife of Philip Fry, Nancy Orr, Polly Orr wife of William Orr, Elizabeth Shipley, William Rutherford, Nehemiah Rutherford, Randal Rutherford, Delilah Austin wife of John Austin, and Calvin M. Rutherford do hereunto set their hands and affix their seals the day and year first above written.
- 14 Feb 1843. Settlement of the estate of Randolph Rutherford, deceased, was ordered to lie until next court for exceptions. [Kegley, Volume 5].
- 14 Mar 1843. Account of the settlement of the estate of Randal Rutherford was ordered to be recorded. [Kegley, Volume 5].
- 14 Apr 1845. Ordered that James L. Yost settle the accounts of James T. Gleaves, executor of the estate of Randal Rutherford, deceased. [Kegley, Volume 5, page 57].
- 14 Jul 1845. Settlement of he estate of Randal Rutherford, deceased, was ordered to lie for exceptions. [Kegley, Volume 5, page 62].
- 11 Aug 1845. Settlement of the estate of Randal Rutherford, deceased, was recorded. [Kegley, Volume 5, page 63].
Image Gallery
References
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Nancy Orr (c. 1787 - ?) was the daughter of Randolph Rutherford (c. 1758-1841). She married James Orr in 1814. James T. Gleaves was executor of Rutherford’s estate in Wythe County. Nancy and James Orr and Nancy’s brother, James Rutherford, had migrated from Wythe County to McMinn County, Tennessee. Another brother, Calvin M. Rutherford (c. 1804-?), was a slave trader who operated between Louisville, Kentucky, and New Orleans.
https://www.gleavesfamily.com/www.gleavesfamily.com/home/letters/parms/1/folder/1840_1859/letter/requests_share_of_fathers_estate._inquires_about_her_brother_calvin.944.html
- Find A Grave.
Randolph “Randal” Rutherford
Birth 1758
Augusta County, Virginia, USA
Death 11 Jan 1841 (aged 82–83)
Wythe County, Virginia, USA
https://www.findagrave.com/memorial/214121282/randolph-rutherford
- United States. 1810 U.S. Census Population Schedule. (National Archives Microfilm Publication M252).
Record details
Name Randolph Rutherford
Residence Date 6 Aug 1810
Residence Place Wythe, Virginia, USA
Free White Persons - Males - Under 10 3
Free White Persons - Males - 10 thru 15 2
Free White Persons - Males - 45 and over 1 [b. 1765 or before]
Free White Persons - Females - 10 thru 15 1
Free White Persons - Females - 16 thru 25 1
Free White Persons - Females - 45 and over 1 [b. 1765 or before]
Number of Household Members Under 16 6
Number of Household Members Over 25 2
Number of Household Members 9
- United States. 1820 U.S. Census Population Schedule. (National Archives Microfilm Publication M33).
Name Randolph Retherford
Enumeration Date 7 Aug 1820
Home in 1820 (City, County, State) Evensham, Wythe, Virginia, USA
Free White Persons - Males - 10 thru 15 1
Free White Persons - Males - 16 thru 18 1
Free White Persons - Males - 16 thru 25 3
Free White Persons - Males - 45 and over 1 [b. 1775 or before]
Free White Persons - Females - 16 thru 25 2
Free White Persons - Females - 45 and over 1 [b. 1775 or before]
Slaves - Males - Under 14 2
Slaves - Males - 14 thru 25 1
Slaves - Females - Under 14 5
Slaves - Females - 26 thru 44 2
Number of Persons - Engaged in Agriculture 6
Free White Persons - Under 16 1
Free White Persons - Over 25 2
Total Free White Persons 8
Total Slaves 10
Total All Persons - White, Slaves, Colored, Other 18
- United States. 1830 U.S. Census Population Schedule. (National Archives Microfilm Publication M19).
Name Randal Rutherford Senior
Home in 1830 (City, County, State) Wythe, Virginia
Free White Persons - Males - 20 thru 29 1
Free White Persons - Males - 30 thru 39 1
Free White Persons - Males - 60 thru 69 1 [b. bet. 1761-1770]
Free White Persons - Females - 60 thru 69 1 [b. bet. 1761-1770]
Slaves - Males - Under 10 5
Slaves - Males - 10 thru 23 2
Slaves - Males - 24 thru 35 1
Slaves - Females - 10 thru 23 2
Slaves - Females - 24 thru 35 1
Free White Persons - 20 thru 49 2
Total Free White Persons 4
Total Slaves 11
Total - All Persons (Free White, Slaves, Free Colored) 15
- United States. 1840 U.S. Census Population Schedule. (National Archives Microfilm Publication M704).
Name Randolph Rutherford
Residence Date 1840
Home in 1840 (City, County, State) Wythe, Virginia
Free White Persons - Males - 70 thru 79 1 [b. bet. 1761-1770]
Free White Persons - Females - 10 thru 14 1
Free White Persons - Females - 30 thru 39 1
Free White Persons - Females - 70 thru 79 1 [b. bet. 1761-1770]
Slaves - Males - Under 10 4
Slaves - Males - 10 thru 23 4
Slaves - Males - 24 thru 35 2
Slaves - Females - Under 10 4
Slaves - Females - 10 thru 23 1
Slaves - Females - 24 thru 35 2
Slaves - Females - 36 thru 54 1
Persons Employed in Agriculture 8
Free White Persons - Under 20 1
Free White Persons - 20 thru 49 1
Total Free White Persons 4
Total Slaves 18
Total All Persons - Free White, Free Colored, Slaves 22
- Rutherford, William Kenneth, and Anna Clay Zimmerman Rutherford. Genealogical history of the Rutherford family. (Salt Lake City, Utah: Genealogical Society of Utah, 1986).
- Wikitree.com.
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