Person:William Rutherford (40)

William Rutherford b. 1727-28 Ireland or PA d. aft. 2/1791 Lunenburg Co., Virginia m. [1] Agnes Beard b. between 1724 - 1734 in Lunenburg, Co. now Bedford Co., VA. m. [2] Hannah Beard b. 1735 d. aft 1791 m. bef 9/27/1779 all children were with Agnes Agnes and Hannah Beard were d/o John Beard and Elizabeth John Beard was born in Virginia, and died about 1780 in Lunenburg Co., VA, now Bedford Co., VA. Elizabeth was born in Virginia, and died after 1787 in Campbell Co., VA. John Beard was a weaver

1749 - Deed for William Rutherford and wife Agnes Beard to William 350 Acres lying on the upper side of Falling River, including both sides of Reedy Creek, this land granted by patent to John Beard, Jan 10, 1748. John Beard conveyed by deed to William Rutherford. Witnesses: William Bumpass and Thomas Dixon. recorded April 27, 1761. [widow’s terce?]

1749 - Lunenburg County Deeds, book 1 page 454 Richard Kennon, Gent, of Charles City Co., VA & William Kennon, Jr., of Henrico Co., VA to William Rutherford, 10th day of July 1749, pg 455 - patented 435 [436?] acres of land on both sides of Cub Creek

1749 - abt 1749 William Rutherford Jr was born at Cub Creek, Lunenburg County VA

1750 - John Beard of Lunenburg County to William Rutherford "for love and affection I have for my son-in-law", 150 acres, Lunenburg County on Reedy Creek. Recorded 3, July, 1750. signed by John Beard

1751 - Will. Aug 12, 1751. I, Daniel Patterson of Lunenburg, fuller, being very sick and weak in body - Firstly, all my just debts and funeral charges are to be paid. To my 2 daughters, Catherine and Ann Patterson or either of them, coming over from Ireland - my personal estate, with all my movables, and if either of my daughters does not come oversea to enjoy the same, [to] William Lawson. Executor - said William Lawson. William Lawson is to satisfy himself out of the personal estate, and to make an equal division of the rest between him and his 2 brothers, John and David Lawson. To John Lawson - the young black mare and 1 pistoale and colt, and no more. Signed - Daniel Patterson. Witnesses - Enoch Armitage, Alex'r Irwin, Euphemie Trapnell (T her mark), James Dorchester. At Oct 2, 1751 Court, the will of the deceased was exhibited by the executor, and the same was proved by the oaths of the witnesses, and ordered to be recorded, and the executor, with Alexander Irwin and William Rutherford, his sureties, entered into bond, and certificate was granted the executor for obtaining a probate of the said will.

1752 - Lunenburg County Tithes List taken by Cornelius Cargill records William Rutherford - 1 tithe

1754 - Bedford County was formed in 1754 from the northwest part of Lunenburg and a small part of Albemarle. In 1755 the Act creating Bedford County specifies that "Lunenburg be divided, from the mouth of Falling River up the said river to the fork, thence up the fork running by John Beard's to the head...and all that part of said Lunenburg shall be called by the name of Bedford..." - "The Old Free State" - pg 142

December 23, 1754: Moses Helm, Wm: Moore, Thomas Franklin, John Bollings Tiths, William Rutherford, James Murphy, James Wheeler, John Gallaway, Archibald Campbell, James Machvenals, Edm: Fair, Nicholas Hays, Lewis Franklin, Edmond Franklin, John Thompson, John Pleasants Tiths, Nathn: Paterson, Hugh Bowles and John Carson Ordered to work on the Road whereof John Beard is Overseer. - Bedford County Court Book 1 page 23

1755 - William Rutherford patented 300 acres of land on the branches of Beaver Creek 11/24/1755. Bedford County Deeds, book 1 page 454

1755 - James Rutherford [Lunenburg County] and son William Rutherford [Bedford County] conveyed 1000 acres of land on both sides of Cub Creek in Lunenburg County to Matthew Watson both wives relinquished their respective dower rights. 9/2/1755. Lunenburg County Deeds, book 6 page 115 [Matthew Watson was the father-in-law of Peter Rawlings, father of his wife Mary]

1757 - Bedford Co. Court Order Book 1, March 1757, "deed from John Beard to Vincent Glass was acknowledged by the said Beard and ordered to be recorded." Probably refers to Deed Book A-1 for March 28, 1757, which has deed from John Beard to Vincent Glass, 200 acres both sides Falling River beginning at a maple on lower side of river to Joanes Corner onto Manley's line, for 50 pounds.

1760 - William Rutherford sold 1000 acres of land and his wife Agnes Beard released her dower rights. William was mentioned as the son of James Rutherford as his heir-in-law. 6/4/1760 Lunenburg County Deeds, book 2 page 261

1760 - Lunenburg Deed Bk 6 pg 262. Nov 1760 from James Logan of Lunenburg, to Peter Rawlins of Lunenburg, for 137 pounds, about 210 acres in Lunenburg on the South Side of Cub Creek and bounded by Turkey Cock Cr. Signed: James Logan. Wit: William Rutherford, John McNess, Thomas Paulet. Recorded Nov 4, 1760.

1763 - Lunenburg Will Bk 2 page 184. Will. Sep 13, 1763. Matthew Campbell of Lunenburg Son - John Campbell. Daughter - Salle Campbell. Indicates other children but not named Exr: Wm Rutherford, John Holt, and Peter Rawlings. Wit: Wm Rutherford, Peter Rawlins, John Holt and Peter MacCown. WP Oct 13, 1763.

October 19, 1763 in Lunenburg Co., VA there was a sale of the estate of Matthew Campbell dec'd. Purchasers were: William Rutherford, Josiah East, Sarah Campbell, William Flemen (Fleeman?) Cock, James East, and others.

1763 - Lunenburg Will Bk 9 pg 273. Oct 13, 1763 from John Watson of Louisa County, to John Clarke of Lunenburg, for 40 pounds, 271 acres in Lunenburg & bounded by Kennon's and Rutherford's corner, Richard Adams, Matthew Watson. Signed - John Watson. Wit - James Taylor, John Holt, Peter Rawlins, William Rutherford. Recorded Oct 13, 1763. [William Kennon later became a provinicial congressman along with Griffith Rutherford and William Sharp for North Carolina in April of 1775 - "John Caldwell, an elder in the Chestnut Level Presbyterian Church in Lancaster County, Penna., is the recognized founder of the Cub Creek Congregation, in which movement he was ably assisted by Andrew and Thomas Cunningham, along with 14 others who purchased land, then in Brunswick County from Richard and William Kennon."

1763 - Lunenburg Will Bk 2 page 210. An account of sales of the estate of Matthew Campbell dec'd Oct 19, 1763. Purchasers were: Wm Rutherford, Josias East, Sarah Campbell, Wm Flemen Cock, James East, Collier Barksdale, Jos Davis, John Holt, James Mitchell, Richard Gideon, James Gideon, Wm Edwards, Samuel Allin, Peter Rawlins, John Caldwell, Robt Templeton, John Brent, Wm Price, Josias Campbell, Wm Hazlewood, William Rawlins, Wm Weatherford, Geo Welch, Henry Barnes, Burwell Voden, Gidion Thomas, John White, Arthur Slayton. Rec: Feb 9, 1764.

1764 - Lunenburg Will Bk 9 page 354. Feb 9, 1764 from William Rutherford of Bedford Co., to Peter Rawlins of Lunenburg, for 66 pounds, 100 acres in Lunenburg on the branches of Cubb Creek and bounded by trees. Signed - Wm Rutherford. Wit - none

1764 - Lunenburg Will Bk 2 Pg 210. An account of sales of the estate of Matthew Campbell dec'd Oct 19, 1763. Purchasers were: Wm Rutherford, Josias East Sarah Campbell, Wm Flemen Cock, James East, Collier Barksdale, Jos Davis, John Holt, James Mitchell, Rich'd Gideon, James Gideon, Wm Edwards, Alex'r _erryhill, Sam'l Allin, Peter Rawlins, John Caldwell, Robt Templeton, John Brent, Wm Price, Josias Campbell, Wm Hazlewood, Wm Rawlins, Wm Weatherford, Geo Welch, Joh__udgeon, Henry Barnes, Burwell Voden, Gidion Thomas, Richard _udgeon, John White, Arthur Slayton. Rec: Feb 9, 1764.

1765 - Nance, "Charlotte County, Virginia Deed Books 1 & 2", p 145: "p. 260: 10 Sept. 1765. William Rutherford of Russell Parish Bedford Co. to Cuthbert Wiliamson..." Witnesses: John White, Henry Madison, Samuel White, Sherod Allin, Joseph Curd. Recorded 07 April 1767

1773 June 15: William Rutherford, Location: Albemarle County. Description: 292 acres on both sides Beaver Creek of the Fluvanna River, adj. James Johnson.Source: Land Office Patents No. 41, 1772-1773, p. 403 (Reel 40). [Cavaliers & Pioneers volume 7]

1774 - William Rutherford patented 358 acres of land on the west side of Falling River in Bedford County, VA 12/7/1774. Virginia Patents, #42, reel 41 page 897 VA State Library [present day Campbell County, VA]

1774 - William Rutherford and others were among the signers of a petition to the House of Burgesses from "Presbyterian dissenters of Peaks of Otter Church". The male members of the Peaks of Otter Presbyterian Church petitioned the VA House of Burgesses for permission to own slaves and land so that they could earn enough money to be able to pay for a minister. Their petition reiterated their willingness to "contribute our Quota in Support of the Church of England" and they recognized that they enjoyed "the free Exercises of our Religion as Presbyterian Dissenters unmolested" and requested the protection of the House so that they could continue to practice their religion which they "humbly conceive is well calculated to make men wise here and happy thereafter." The petition was signed by 102 men, including ten Mitchells, seven Dooleys, five Kennedys, six Ewings, four Reeds, three Campbells, three Beards and William Rutherford. They received permissison and bought four slaves: Kate, Tom, Jerry, and Venus. (Virginia Historical Magazine vol. 12 - Published by the Virginia Historical Society. Vols. 1-68. 1893-1960)

Feb. 14, 1778 - James Russell and Rosannah Rutherford married, d/o William Rutherford; Robert Russell, Surety.

November 3, 1778, At a Court held for Montgomery: Present--John Montgomery, Daniel Trigg, Andrew Boyd, William Doak-Gentlemen. Macfareland vs. Kegley a Jury sworn (to wit) John Macfareland, William Montgomery, Andrew Crockett, James Simpson, Samuel Shannon, John Adams, James Mackanan, William Pierce, William Rutherford, John Craig, William Ward and Thomas Foster who returned their verdict for £500 damages, Judgment accordingly and Costs. (Annals of Southwest Virginia 1769-1800 by Lewis Preston Summers, Genealogical Publishing Co., Inc., Baltimore, 1970, (1 Volume in 2 Parts), F226 .S82 1929, Page 697).

1779 - William Rutherford sold acres 1000 of land to David Ross. His 2nd wife Hannah Beard released her dower rights. 9/27/1779 (Bedford County Deeds, book 6-F page 340)

1779 - Elizabeth Beard proved that in 1779 and 1781 she had furnished supplies to the Revolutionary War Army and was allowed payment.

1780 - April 20, 1780, John Beard died. His will is recorded Bedford County, Virginia Will Book I, Pages 384-385. William Rutherford cited as a son-in-law. The will of John Beard mentions: wife, Elizabeth; granddaughter Elizabeth Campbell; daughter Elizabeth Campbell; granddaughter Isabel Boze; granddaughters Rosannah Russell, Jean Rutherford, Rachel Dixon, Ratchel Robinson; grandsons David Beard, Samuel Beard and Adam Beard; former son-in-law Edward Phair and son-in-law William Rutherford.

1784-85 - Elizabeth Beard witnessed the marriage of her grandson James Campbell in 1784/85 in Campbell Co. VA to Jane Means. She is listed in the 1785 and 1787 Campbell Co. Tax Lists, District 2.

1785 - Elizabeth Beard - "The 1785 Campbell County, Virginia Personal Property Tax List", District No. 2: 2 blacks under 16, 3 blacks over 16, 5 horses and 14 cattle.

1791 - William Rutherford died after February 1791, in Lunenburg County, Virginia. Agnes Beard, daughter of John and Elizabeth Beard of Lunenburg, now Bedford County, Virginia; m. William Rutherford. Hannah Beard, married William Rutherford, before 27 September 1779. William Rutherford was named as a son-in-law of John Beard in a deed 3 July 1750. William was named as son and heir-at-law of James Rutherford 4 June 1760 and his wife Agnes relinquished her dower rights. William sold a tract of land in Bedford County, Virginia, 27 September 1779 and his wife, Hannah, relinquished her dower rights. In 1780 John Beard again referred to William Rutherford as his son-in-law.

children:

b. 1749 Cub Creek, Lunenburg Co., VA d. 4/1809 Lincolnton, NC m. [1] Elizabeth

b. circa1750 m. [1] Margaret "Peggy" Ann Moore b. 7/14/1764 in Mecklenburg Co., NC d. aft 1820 in Buncombe Co., NC married bef 1784 in Burke Co., NC d/o William Hamilton Moore b. abt 1726 Ulster, IRE d. 11/11/1812 Buncombe Co., NC d/o Ann Cathey b. 1743 in Augusta Co., VA christened 4/3/1743 in Augusta Stone Presbyterian Church, Augusta Co., VA. d. bef. 1774 in Rowan Co., NC. married bef. 1765 in Rowan Co., NC

William H. Moore had at least 6 children, although there is some debate which were by Ann Cathey and which by Margaret Moore. It has been suggested that Margaret "Dolly" Rutherford was Gen. Griffith Rutherford's sister and was widowed with the name Patton? [History of Western North Carolina - Chapter V - Revolutionary Days by John Preston Arthur, 1914 – page 99]

Burke County, North Carolina, Land Records and Miscellaneous Records 1751-1809 by Edith W. Huggins - p. 161 - File 1790 - Jos. Dobson, Sr. vs. James Rutherford. Bond: David Rutherford, 2 papers on file, July.

October 1786 – JURY CALLED: In the case of James Rutherford and Cupet Gibson, accused that they “did assault, wound and abuse each other”, jury to include David Baker. [Burke County Court Records abstracted in Edith Warren Huggins, Burke County, North Carolina Land & Misc. Records, Vol. III (Easley SC: Southern Historical Press, reprint 1985), 128]

Ordered by court that George Cathey Sr., James Chambers, Jonathan McPheeters, David McPheeters, Joseph McPheeters, John Davidson, James Adams, Austin Hightower, James Rutherford, Oldham Hightower, Senr., Ben Hawkins, James Hawkins, John Nelson & Samuel Davidson be a jury to view mark and lay off a road the nearest and best way from the Court house to Jonathan McPheeter's on Hominy Creek and report to July sessions in 1795. Buncombe County Court Minutes.

On 24 Oct 1831 Jesse Morgan received two deeds. The first was for 137 acres on the North Fork of Hominy Creek, from Robert W. H. Rutherford, and the next was for 150 acres on Hominy Creek from Zachariah Candler. (Buncombe Co., NC Deed Book 141 page 494, and Deed Book 141 page 500).

James Rutherford served Burke jury duty several times 1792-1795 and a Grand Juror in 1793.

James Rutherford was the defendant in the following cases: i. James Rutherford vs. Dobson 1791 ii. James Rutherford vs Ab Plumley 1793 iii. James Rutherford vs Ute Sherrill 1796 and appeal iv. James Rutherford vs David Tate with Isaac Martin as co-defendant with James. Defendant James Rutherford moved from County--execution from Justice of Peace for 15 pounds plus--No goods found--Court ordered Sheriff of Buncombe Co., to collect debt Apr 1798.

James Rutherford was the plaintiff in the following cases: i. James Rutherford vs Richard Farr - 1794 ii. James Rutherford vs Joseph Cowin - 1794 iii. James Rutherford entered 100 acres both sides Hominey Creek 1787 with William Moore. Another researcher shows land entry on Webb's Creek on North Fork Hominy Creek Buncombe NC 1787 which is probably the same entry.

James Rutherford bought an iron wedge and 1 cow at the estate sale of David Nelson in 1790.

One census record James Rutherford: 1790 in Burke NC. James Rutherford had 1 male over 16, 2 males under 16, 3 females, 2 slaves.

The following is a true statement of services performed by the spies on the frontier of Buncombe County from and after the 27th day of June 1795. Most of the people named appear to have lived in the western part of Buncombe County. Some of this area is in present Haywood County. The document here is edited, showing only the name of the person, and the number of days in service. They all entered service on 27 Jun 1795.

Nathan Dever - 26 days, William Stringfield - 26 days, John Welch - 26 days, Gabriel Keith - 26 days, Ebenezer Fain - 25 days, Jonathan McPheeters - 25 days, John McClure - 25 days, Samuel Neill - 25 days, George Cathy -25 days, James Glass - 24 days, John Morrow - 24 days, John Robinson - 22 days, Handley Vaughan - 19 days, John Nelson - 18 days, John Stringfield - 19 days, Austin Chote – 19 days, Joseph McPheeters - 19 days, John Davidson - 19 days, James Rutherford - 19 days, John Bradley - 19 day and David McPheeters - 19 days.

The report was then sworn to: State of North Carolina, Buncombe County. The foregoing persons (excepting Austin Chote, Joseph McPheeters, John Davidson, James Rutherford, John Bradley, and David McPheeters) personally appeared before me and made oath in due form of law that they were in active on the frontiers the number of days charged opposite their respective names. Sworn to the 27th of July 1795 before William Davidson, JP. Attached to the list and sworn affidavit, was a sworn affidavit of D. Vance, Lt.Col.

State of No. Carolina, Buncombe County. I hereby certify that on the 27th of June (1795) that I engaged the fore mentioned spies and placed them out on the frontiers with orders to watch the motions of the Indians and give the necessary information-- I have good reason to believe, were faithful to the discharge of their duty and attended the number of days charged in their payroll. Austin Close, Joseph McPheeters, John Davidson, James Rutherford, John Bradley, and David McPheeters were not present at the time the others were qualified and neglected proving their attendance, but I believe and know that some of them were attentive to their duty. Given under my hand Novr. 20th 1795…………D Vance, Lt. Col.

State vs. Jas. Davidson: Indt.P.Lar. Jury empnad. & sworn to wit: Jos. Austin, James McMahan, Ben. Hawkins, James Dunsmore, John Gooch, Robert Harris, Geo. Ramsey, Jos. Gash, John Craig, James Rutherford, James Clemons, Nathan Smith. - BUNCOMBE COUNTY COURT MINUTES - JULY SESSION 1795

Probate of the Estate of Joseph Turner of Haywood Co, NC 26 June 1820 - A list of notes: [1] James Rutherford's note Twenty Dollars [2] James McKee's Note for 4 bushels salt, 10 lbs sugar [3] John Bryson note for ten dollars 50 cents [4] Joseph Dobson note for three dollars 50 cents [5] John Fergus note for 4$ [6] Josiah Wren note for 75 cents [7] Aaron Brittain note for three $ [8] Joseph Dobson note for 20$ [9] John Styles note for 6$ [10] Joseph Dobson note for 20$. [10] Bannister Turner note for six bushels rye [11] James Wilkes note for 52-1/2 good cotton. Execution against R. Hemphead for 11$ 8 cents. A true return given under our hands this 26th day of June 1820. John Slate, Bannister Turner, Administrators. Sworn to in open court.

Buncombe Co., NC DB 17:58-28 OCT 1831- George Wise to Hodge Rayburn for $1000 land on both sides of Webbs Creek on waters of North Fork of Hominy Creek and including the house and plantation where said George Wise now lives and where said David Wise now lives. The George Wise and George Wise, Sr. plantation of 400A sold to Rayburn by George Wise, Jr., being part of a tract originally granted to John Webb, Robert Gillispie, James Rutherford and George Wise.

The 17 Jul 1860 census of Hominy Creek, Buncombe Co, NC, Roll 889, page 608, lists: R593 James Rutherford, age 60, farmer, real estate $6,500, personal property $1,400, B. NC R549 Barbary Rutherford, age 57, B. NC R227 Avoline Rutherford, age 20, B. NC R226 Martha Rutherford, age 17, B. NC R224 Mary Rutherford, age 15, B. NC R548 B.P. Mull, Sr., age 53, blacksmith, personal property $200, B. NC R578 B.P. Mull, Jr., age 19, farm laborer, b.TN, school in year William Rutherford, age 35, B. NC Nancy Rutherford, age 22, B. NC John Rutherford, age 4, B. NC Lisa Rutherford, age 3, B. NC Thos. Rutherford, age 1, B. NC

m. [1] Samuel Fleming 8/5/1774 Bedford, Virginia

Oct. 1799, p. 77 - John Rutherford chosen as guardian by Frankey and Betsy Fleming. Appears to have been children of the deceased Abraham Fleming. His widow was Frances [Frankey] Fleming.

Burke County, North Carolina, Land Records and Miscellaneous Records 1751-1809 by Edith W. Huggins

Court Minutes of Civil & Criminal Cases p. 67 - File 1779 - Promissory Notes to: John Rutherford to Abraham Fleming, June 2.

b. 10/5/1755 d. 5/9/1841

"Bridgewater" was the name given to the plantation of John Rutherford, Sr. (1755-1841) and his son, John Rutherford, Jr. (1809-1889). Their plantation was on the Catawba River near the mouth of Muddy Creek. The name "Bridgewater" came from Francis Egerton, 3rd Duke of Bridgewater (1736-1803). Francis Egerton was a famous designer of canals, one of which was called the Bridgewater Canal. This canal linked his mines in Worsley, England with Manchester and Liverpool. He was a friend of John Rutherford Sr. and Peter Rust (1762-1828), who moved their families "to this place of many waters" in 1781. The Rutherford family had come from Scotland and the Rust's were originally from Suffolk, England, however both families were natives of Bedford County, Virginia. Peter Rust was married to Elizabeth Ballew sister of John Rutherford Sr's wife, Susannah Ballew Rutherford. Peter and Elizabeth Rust had a daughter Cynthia who married a John Rutherford Walker in the early 1800's. They had a son John Rutherford Walker Jr. b. 30 Dec 1829.

The Rutherford, Beard, Rust and Ballew families came from Campbell County which was settled in 1736 and incorporated in 1782. It was formed from Bedford County, the county was named after Revolutionary War hero, General William Campbell who won fame in the 1780 Battle of King's Mountain. In 1784 Jeremiah Rust donated fifty acres of his land to establish Rustburg as the county seat. Jeremiah Rust was the brother of Peter Rust who came with the Rutherfords and Ballews to Burke County, NC. Peter Rust was married to Elizabeth Ballew. Elizabeth Ballew Rust was the sister of John Rutherford Sr's wife, Susannah Ballew Rutherford - founders of Bridgewater, NC.. Originally inhabited by the Monacan Indians and visited by explorers as early as 1670, the earliest settlement in Campbell County was established in about 1736 at Hat Creek by a group of Scots-Irish pioneers from Pennsylvania.

Description: 500 acres on the waters of Haw River beginning at white oak along Isham Guntir's line at James Copeland's corner and turning along Copeland's line North 263 poles to a pine in George Herndon's line then west along his line 28 poles to a [...] at his corner then South along a line between him and William Saunders 10 poles to a [...] then West 243 poles to a pool then South 162 poles to a hicory in John Rutherford's line then East along said line 13 poles to a white oak at Gunters Corner to the North 57 degrees 102 poles to a pine then North 45 degrees East ten poles to a stake then East 38 poles to the first station . LDS Film # 0259406 - Book C, p. 75 - Grant No.274 - Grantor: State of NC - Grantee: Richard Kennon - Amount: 50 shillings per 100 acres - Recorded: 1 Apr 1780

The 1790 Burke Census reflects James Rutherford with 2 slaves; John Rutherford with 2 slaves; and William Rutherford with 5 slaves. In 1800, David Rutherford with 2 slaves; and John Rutherford with 0 slaves. By 1860, John Rutherford Jr. had acquired a large number of slaves in Burke City, NC.

John Rutherford listed as a Juror and Grand Juror Burke NC numerous times 1791-1803, Bill of sale for one Negro wench and one Negro child from Joseph Wolfork to John 1792. Burke 1815 tax list shows John Sr in Kibler's Company with sundry tracts on Catawba River and Muddy Creek--2000 acres worth $7000 with 12 black polls. He entered 50 acres between his own line and Mrs Mason 4 Apr 1834. John's land joined Philip Anthony on Reedy Branch 1865/70 (This would be John Jr)

Joseph Ballew, 320a on S side of Catawba River, "where he now lives" Oct 5, 1778 [Burke County Land Records, #792 pg 265] When surveyed, only 250a were available, so Joseph did not get the full acreage. William Ballew and Peter Rust were chain carriers. The grant was not issued until 28 Oct 1782. This is now Rutherford College, about a mile upstream (west of) the location of Brian Connelly, who was on the north side of the Catawba River.

Last will and testament of Robert Ballew, dec'd, proved by John Rutherford; 27 July 1801 Deed from Ruth (Rush) Hodge to Robert Ballew for 200a, Proved by Thomas Ballew, Recorded July 1811. [Burke County Court Records 1792-1843]

1832 October - Peter Ballew security on a sheriff's bond, Peter took oath as sheriff; Jesse Connelly overseer of road from Morganton to Asheville from Rutherford Bridge to marked Spanish or Chestnut Oak on the west end of ___ Mountain; Hands of Thomas Ballew, Andrew Hunter and sons, Israel Simmons, David M. Galliard, Rowlin Duncan, Wm Stallcup, John Rutherford Jr, etc. to work road. [Burke County Court Records 1792-1843]

John Rutherford is found in Burke NC census 1790, 1800, 1810, 1820, appears to be in son John Jr HH 1830/1840. I believe he is the John Rutherford between 1840/50 in Burke NC. Burke Heritage book published 1981 has a sketch about John Jr. It says he was the only son of John Rutherford Sr and Nancy Susannah Ballew Rutherford both of Bedford Co., VA. John Rutherford Jr was b. 18 Oct 1789. There were also 3 daughters in this family--Cecila, Jane and Nancy. The family lived in a very large house on Muddy Creek at Bridgewater, Burke County NC. All six of them are buried in a family cemetery near the house which burned a good many years ago. None of the girls ever married.

from the Burke County Heritage Book:

It was about 1651 that Col. William Ballou (Ballew) Sr., veteran English military officer, received grants from the king for his services and settled in Bedford County, Virginia. Rice Merideth Ballew and Bennett Ballew were sons of Col. William Ballew. They later left Virginia and settled in North Carolina. Bennett was killed by the Indians.

Rice Merideth was the father of William Ballew Jr., who married Elizabeth Connelly in 1773. They had 15 children. As stated above, the first William Ballou came from England and settled in Virginia. From Virginia they came to North Carolina, first to Rowan County and then to Burke County. Allair's Diary credits William, Jr. as being in the second company of Burke County in 1790. Susannah, sister of William Ballew, Jr., born in 1757, married John Rutherford of Bridgewater.

This information contributed by Frances Embry Davis, who cites the following sources: Edward W. Phifer, Jr., "Burke: The History of a North Carolina County"; Col. Thomas Walton, "Sketches of Pioneers of Burke County"; "Allair's Diary"; Adin Ballou, "The Ballous of America"; "The Lenoir Topic"; and stories told by Mrs. B. F. Davis, Sr.

Capt. John Connelly, 1 Aug 1744 - 16 July 1826, married Jane Ballew; children were Hugh, born in 1761, who married Lucy Ballew; James; Hugh; Mary; Rebecca; Elizabeth.

John Rutherford Sr’s sons:

Born July 5th, 1792 Burke County, NC Died April 16, 1816 in Natchez, MS 18774574 http://www.findagrave.com/cgi-bin/fg.cgi?page=gr&GRid=18774574

Born July 23, 1784 Burke County, NC Died September 26, 1816 in Natchez, MS 18774588 http://www.findagrave.com/cgi-bin/fg.cgi?page=gr&GRid=18774588

John Rutherford Jr was a wealthy and prominent man. He was greatly interested in education and became a close friend of a local preacher/minister, Reverend R.L. Abernethy. Upon visiting the small village of Excelsior, John at once proclaimed it an ideal spot for a town and gave his friend sufficient money to buy 200 acres to build a town. His friend founded Rutherford Academy at that location which later became Rutherford College. The college was later supported by the Methodist Church until it was forced to close in 1933.

John Rutherford Jr. became one of the richest men in Burke NC and a man of wonderful information. He had collected one of the rarest and choicest libraries in that part of the state. When he became old and his eyesight failed, he advertised in a northern paper for a wife. He advertised for an Elocutionist, one who could read to him and who loved reading. His ad was answered and he married Elizabeth Camp Dennison Jennings. They lived together 10 years. He died at the age 90 leaving his young widow over $80,000. He left his large and valuable library to Rutherford College. He died 15 Mar 1880.

Rutherford College, North Carolina

The Town of Rutherford College, North Carolina was named for the college which was located in the area where Valdese General Hospital is located. The hospital clinic was set up in one of the college dormitories which is used today as an administrative building for the hospital. Owl Hollow School in the community of Rutherford College was operated by Reverend Basil Gaither Jones until 1850. At that time, Reverend R.L. Abernethy, a preacher, a teacher, and a Lincoln County native residing in Lenoir, North Carolina, was asked to take over the school. The school expanded in 1853 and was renamed Rutherford Academy due to the financial contributions received from John T. Rutherford Jr.. In 1857, the school had forty students. When the Union divided, military tactics and philosophy were taught, but the school was forced to close at the beginning of the Civil War. In 1868, R.L. Abernethy returned to the school and reopened it as Rutherford Seminary, a four year college, and the small community grew around the school and the town incorporated as Excelsior. Three years later the town was renamed Rutherford College. In 1888 Rutherford Seminary had ten professors and 200 students. In 1891 the college burned at its original site where the First Baptist Church now stands, but was rebuilt in 1893 at the present site of the Valdese General Hospital. Rutherford College was later merged with Weaver College in Buncombe County and Brevard Institute in Brevard, North Carolina. The town was dissolved in March, 1933, and was reincorporated on June 1, 1977.

"John Rutherford Sr. of Bridgewater, married Nancy Susannah Ballew, by whom he had five children, two sons and three daughters (being) John, Robert, Nancy, Celia, and Jane.

“John Rutherford Jr., one of the wealthiest of Burke's citizens, was in many respects a remarkable man. He was somewhat quaint and eccentric. He was well-read in history and light literature. His place (home) was named after the Earl of Bridgewater, (not as many suppose, because he built a bridge crossing Muddy Creek, leading to his residence). With three maiden sisters, he lived a bachelor until he was 80 years old or more. Noted for his hospitality and benevolence, he endowed the college named for him, founded by it's successful president, R. L. Abernethy, who deserves credit, almost beyond words to express, for having given and continuing to give, an education to young men and women, fitting them for any vocation in life (so far as depends upon education), at a price so low as places almost within reach of all, and without, making large personal sacrifices. By his laudable philanthropic exertions, in this cause, he deserves an eulogy more enduring than this brief notice."

"Mr. Rutherford was myopic, what is commonly called near-sighted; so much so that he could not distinguish by form or feature his most intimate acquaintances, and, when meeting them, would never call their names until they had spoken. From long practice, and from the well-known fact that if one of the organs of the body is defective, another is strengthened; correspondingly, he had become very expert in recognizing them either by tone of voice, or enunciation of those with whom he associated, and would soon after speak to them by name. His manner was such as led them to believe that he thought he had deceived them as to his eyesight being defective, and this attempt to deceive was practiced by his own family. In proof of this, one of his sisters was asked by my mother, "Miss C., why don't you induce your brother to wear spectacles? They would be so useful and relieve him from his nearsightedness." She replied." Oh! Mrs. Walton. I would not do so on any account for fear of offending him. He does not know or suspect that we are aware of this defect." W. B. Rust, Esq., a near neighbor and maternal uncle, who, himself was near-sighted and wore glasses, in speaking of this idiosyncracy of his nephew, told me that once being in the room where Mr. Rutherford had been writing a letter at his desk, unfinished, he, Rutherford, left the room. He concluded that if Mr. Rutherford would only put on his (Rust's) specks, being adapted to his eyes and seeing the great advantage they would be to him, he would forego his prejudice against the use of them. Taking off his glasses and laying them on the desk near the letter in such a way as to know whether they had been moved, he left the room and, after remaining out some time, returned. The letter was finished, sealed and directed, the spectacles untouched, lying as he had placed them. This unparalleled singularity was the cause of narrow escapes, "by flood and field", some of which I shall omit. Crossing the bridge, on one occasion, he made a misstep, plunging ten feet into the turbid creek, fortunately but little hurt. Struggling to reach the shore, his wig which was not worn on account of baldness, came off. He never wore another after the loss of this. At the marriage of the Hon. Burton Craig to Elizabeth Erwin, oldest daughter of Col. James Erwin, there were a number of guests gathered from several counties. Mr. Rutherford was one of them. He was fond of the ladies, and owing to his defective sight, when addressing them, usually brought his face very close to theirs. The wedding over, he took a seat near a belle from the valley of the Yadkin, extending his arms as though he purposed to embrace the fair one. Alarmed, she sprang to her feet, crossed the room to a vacant corner, he following close with his long arms extended. Lightly dodging under them, she made her escape, leaving the persistent pursuer, still with extended arms, moving until striking the wall of the house. He found the bird had escaped, and he was left standing, not cheered by the laughter of the merry crowd who had witnessed his discomfiture. Notwithstanding his eccentrics, he was possessed of so many good traits that he was held in the highest estimation by the best people of the county."

The Rutherford Sisters

"His (John Rutherford Jr's) sisters, Misses Nancy, Jane, and Celia, were pious, amiable, modest ladies. Miss Celia, the youngest, having associated more with other refined ladies of her set, was not so peculiar or eccentric as her sisters, who wore old-fashioned, long hood-shaped bonnets, of dark green silk, without bows, possibly indicating that they did not want to catch beaux. However, this may be they were much attached to their bowless bonnets, which were certainly attached to them. In proof of this, I will give an incident. At home or abroad they were never seen without them. About the year 1829 or 1830, these good ladies made mother a visit, and concluded , at her solicitation, to spend the night. At the time there were several young girls of "sweet sixteen" boarding at my father's going to school. One of those was full of curiosity (not unusual with her sex) and mischief. Eliza G. Tate of "Hickory Grove" got permission to sleep in the same room with the Misses Rutherford, in which there were two beds, determined, as she said, to see whether they slept in their bonnets. The next day, she gave the following account of what she witnessed: "I went to bed before they came upstairs. The fire was burning low when they entered the room. They sat down near the fire with bonnets on, whispering in low tones. I thought they never would go to bed. Finally, the fire went out, they undressed, put on their night robes, bonnets 'status quo' on their heads; when, lo ! They blew the candle out and all was dark. I said to myself, 'Never mind, old gals; I'll catch you in the morning.' I waked early; it was hardly light, and behold! There they sat in their night gowns with their everlasting bonnets on."

"Miss Nancy Rutherford was twice engaged to be married. When her first engaged lover came prompt at the appointed time, a change had come "o'er the spirit of her dreams." She said to him, "I am not ready; the pockets of my wedding gown are still unmade." The quondam lover left disgusted, never to return. The second was not more fortunate than the first. When on reaching Morganton on his way to reach the abode of the intended bride on the evening of the day appointed for his wedding, he found it impossible to do so without risking his life by swimming the swollen waters of Silver and Muddy creeks. The next morning he hastened to explain and apologize. He found her in no fit mood to be appeased by explanations, apologies and regrets, but sent the crestfallen lover off with this parting thrust of the tongue: "If I am not worth the swimming of two small streams, I am not worth having."

"Unless I am very much mistaken, a majority, if not all, of the fair sex, who honor the writer by reading these reminiscences of the olden time, will agree if either of these cold lovers' hearts had been pierced with cupid's darts he would have not been so easily repulsed, but enamoured, on bended knees, would have poured forth with suffused eyes, appeals of touching eloquence and fervidness, portraying the endless misery of his future life, caused by the cruel rejection of his proffered love. Her heart softened by these devotional appeals and by persistent perseverance afterward, the prospect for future success would have brightened, and possibly the dearest wish of his heart would have been realized." ("Old Morganton Herald" – 1894 by Col Thomas George Walton (1815-1905))

b. abt 1761 d. abt 1834 in Pitsylvania Co., VA m. [1] Shadrack Boaz abt 1777 in Pittsylvania Co., VA b. abt 1751 in Albemarle Co., became Buckingham Co., VA in 1761 d. bet. 1/02 - 4/30/1817 in Pittsylvania Co., VA

children:

b. 6/27/1778 Pittsylvania Co., VA d. 10/27/1852 Maury Co., TN

b. 11/17/1780 VA d. 1833 Davidson Co., TN

b. 3/6/1782 Pittsylvania Co., VA m. [1] James Still Pittsylvania Co., VA

b. 6/10/1785 Pittsylvania Co., VA m. [1] Thomas I. Boaz September 12, 1811 Pittsylvania Co., VA

b. 12/3/1787 Pittsylvania Co., VA m. [1] John Jones, December 15, 1812 Pittsylvania Co., VA b. abt 1786

b. 4/24/1790 VA d. 1/19/1862 Callaway Co., KY

b. 11/13/1792 Pittsylvania Co., VA m. [1] Thomas Reynolds 3/5/1811, Pittsylvania Co., VA

b. 5/19/1795 Pittsylvania Co., VA d. 1863

b. 12/17/1797 Pittsylvania Co., VA m. [1] Stephen Smith 12/18/1815, Pittsylvania Co., VA

b. 6/2/1800 Pittsylvania Co., VA d. 6/28/1880 Graves Co., KY

m. [1] Robert Russell Jr. 1/2/1775 d. in Oglethorp, GA in 1803 note: Robert Russell Jr. b. VA 1754, Revolutionary War veteran Robert's parents: Ann Beard [d/o John Beard] b. 1727 and Robert Russell Sr. b. 1728 Ireland d. 1791 Campbell Co. VA will: 8/17/1803 and 2/3/1804 burial: Russell family graveyard on Rt 29 Lynchburg VA - Flat Creek Campbell Co. VA

children:

b. 5/22/1759 d. 11/5/1833 m. [1] James Russell 2/14/1778 in Bedford Co. VA b. 1754 d. 1826 s/o Robert Russell Sr. and Ann Beard

d. 07-22-1830 Hickman, TN interred w/ Dosia in Hickman Co., TN, Mayberry Cemetery m. [1] Dosia Mayberry b. Liberty, Bedford Co., VA 1785 d. 12-06-1855 in Hickman Co., TN married near Peaks of Otter, Bedford, VA, 8 Aug 1806