Tag Archives: Augusta County

- “I speak for the trees!”


Plat, 9 September 1741, Lancaster County Chancery Cause William Edmonds, infant vs. Robert Edmund, infant, 1751-001, Local Government Records Collection, Library of Virginia.

Flora of Virginia, the Library of Virginia’s latest exhibition, highlights the botanical exploration of Virginia from the colonial days to the present.  Curated in partnership with the Flora of Virginia Project, the exhibition explores the history of botanical description and illustration and celebrates the power of the flower.  It features original artwork and colorful illustrations from the LVA’s collections, as well as books, photographs, and plant specimens. With the exhibit as inspiration, I wondered what flora history could be uncovered in Virginia’s local court records. Plats and surveys, documents frequently included as exhibits in court cases, are excellent resources to discover which trees grew where in Virginia counties. Trees were often used as landmarks in plats or were included by the survey maker as decorative elements to their work. My search revealed a wealth of plat and survey examples from different parts of the state spanning over 250 years of Virginia history.

B. A. Colonna, the deputy county surveyor of Northampton County, drew a unique and detailed plat of Catherine H.G. Kendall’s land.  His 15 January 1869 plat included symbols for the pine, oak, and gum trees growing on her land and a key to identify what each symbol represented.  This plat is part of Northampton County Chancery Cause 1869-015, Samuel E. D. Kellam & wife vs. Juliet J. Kendall, etc.

A 19 … read more »

- We Raise Our Glasses to Carl Childs


Montgomery County Circuit Court Clerk Erica Williams, Local Records Services director Carl Childs, Senior Local Records Archivist Sarah Nerney, and Local Records Program Manager Greg Crawford, Montgomery County Courthouse, 22 July 2013.

The editors of Out of the Box would like to give a belated good-bye to Carl Childs, the Library of Virginia’s former Local Records Services director.  Last month, Carl started his new job as Director of Archives and Records for the Colonial Williamsburg Foundation.  When former local records archivist Dale Dulaney first proposed our little blog five years ago, Carl’s support, encouragement, and leadership helped Dale’s idea become a reality.  The result:  the Out of the Box blog may be the most successful outreach tool used by the Library of Virginia.  For the fiscal year ending 30 June 2013, Out of the Box had 435,859 page views, 221,667 visitors, and 369,123 visits.

Out of the Box is one of many innovative projects that Carl has been a part of at the Library.  In a 20-year career at the agency, Carl moved into increasingly responsible positions, from his first job as a front desk attendant, to state records archivist and then local records archivist and, beginning in 2005, Local Records Services director.  Carl brought enthusiasm and a willingness to try new things to every position.  Accordingly, in his tenure overseeing the Circuit Court Records Preservation (CCRP) grants program, Carl helped strengthen the application and oversight process, resulting in a more efficient and beneficial program to care for historic records in Virginia’s circuit courts.  Similarly, … read more »

- New Images Added to Lost Records Digital Collection


Buckingham County (Va.) Tithable List A-G, 1764, Local Government Records Collection, Library of Virginia.

Additional images of documents from counties or incorporated cities classified as “Lost Records Localities” have been added to the Lost Records Localities Digital Collection available on Virginia Memory.  The bulk of the new addition consists of copies of wills from the following localities: Botetourt, Buckingham, Dinwiddie, Fairfax, Gloucester, Hanover, James City, King and Queen, King George, King William, Prince George, Prince William, Rockingham, and Spotsylvania counties. These wills were used as exhibits in Augusta County and City of Petersburg chancery causes. The index number of the chancery suit that the “Lost Record Locality” document appeared in is included in the catalog record. Be sure to search the Chancery Records Index for the chancery suit to learn how, for example, a will from King and Queen County recorded in 1749 ended up as an exhibit in an Augusta County chancery case that ended in 1819.

Also, images of Buckingham County (Va.) Tithable List A-G, 1764 have been added to the Lost Records Localities Digital Collection. Most of the early court records from Buckingham County were destroyed during a courthouse fire in 1869. The 1764 tithable list was spared destruction because, at the time of the fire, it was located in the Prince Edward County courthouse. From 1789 to 1809, Prince Edward County was the seat of a district court that heard civil and criminal suits … read more »

- Buying and Selling Servants


Indenture between Patrick Larkin and Thomas Blood, 17 August 1766, Virginia Miscellany Legal Papers, 1657-1791, Private Papers Collection, Library of Virginia (Accession 24715).

Two types of immigrants came to America without paying their own passage—indentured servants and redemptioners. Indentured servants would sign a contract, called an indenture, before they sailed agreeing to serve for a period of years in exchange for passage to America. The term of service was typically between four to seven years. Redemptioners were a similar type of immigrant; however they made their agreement with the shipping merchant to be transported without paid passage. Upon landing in America, they were given a short period of time to find family or friends willing to pay all or part of their passage. If funds could not be secured, they then signed on as servants and their indentures could be sold in order to satisfy the debt.

The practice of buying and selling redemptioners and indentured servants can be found in Augusta County Chancery Cause James Kelzo, etc. vs. Samuel McChesney, 1796-008.  James Kelzo (spelled frequently as Kelso) and James Wilson of Augusta County and Samuel McChesney of Culpeper County formed a partnership to purchase and sell indentured servants.  Wilson and McChesney were to make the arrangements for selling the servants, and the partners agreed to divide the net profits equally among them.

With three men responsible for reporting accounts and divvying up profits, it wasn’t long before accusations of withholding funds landed the business partnership … read more »

- Augusta Co. Images All In!


Genealogical chart for the heirs of Jeremiah Aude, Augusta County Chancery Cause Recv. of Nicholas C. Kinney, etc. vs. Admr. of Jeremiah Aude, etc., 1857-082.

The final images from the Augusta County chancery causes are now available on the Library of Virginia’s Chancery Records Index. With this addition, all Augusta County chancery causes covering the time period from 1746 to 1912 can be viewed online—a  total of 10,268 suits and 878,490 images.  The collection is one of the most significant collections of historic legal records in the nation.  From 1745 to 1770, the boundaries of Augusta County encompassed most of western Virginia and what became the states of West Virginia, Kentucky, Illinois, and Ohio, and parts of present-day Pennsylvania as far north as Pittsburgh. The Augusta County chancery causes are the most voluminous of any locality in Virginia and are one of the longest and most complete continuous collections of chancery records of any locality in the country.  Cases are also included from the Staunton Superior Court of Chancery, with a jurisdiction of over 28 localities, from 1802 to 1831.

Following are a few suits of interest found in this latest addition of Augusta County’s equity suits. Augusta County Chancery Cause 1818-099 is a dispute over the estate of John Edmondson that included numerous slaves. The suit contains a chart documenting the hiring out of slaves owned by Edmondson. Administrator of Andrew Moore vs. Representatives of John Stuart, etc., 1845-015, gives some perspective on the ways in … read more »

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- Wills, Slavery, and Freedom in Augusta Co.


Map of Franklin County and Columbus, Ohio, 1872. (Image used courtesy of Historic Map Works.)

In November of 1860, executor William F. Smith was in a pickle.  Charged with settling the estate of Elizabeth P. Via of Augusta County, he had recently been a defendant in both a chancery and a judgment suit from seven of Via’s heirs that challenged the validity of her will.  The heirs objected to the provisions that Via made for her slaves, namely that they all be emancipated.  Additionally, she left $4,000 to transport them to a free state and set them up in homes there.  The remainder of her estate was to be distributed amongst Via’s heirs who were not pleased by this and thought it in their best interest to have the will invalidated so that they could get everything, including the slaves that were left at Via’s death.  The will was upheld, however, and then it was time for executor Smith to get on with the business of carrying out Via’s wishes.  But there were some questions that he struggled to answer about his job as executor.

At issue were several points.  Did children born since Via’s death have an interest in the money left to the slaves?  What should happen to the residue of the $4,000 after the will’s provisions were carried out?  How should title to any house or land purchased for the emancipated slaves be done?  The slaves had … read more »

- The Correct Answer Is, “I Do”



The Ebony Bridal -- Wedding Ceremony in the Cabin, engraving from Frank Leslie's Illustrated Newspaper, 19 August 1871. (Image used courtesy of Library of Virginia Special Collections.)

“It was a hot summer day on August 5, 1865, when George Kiner and Diana Bumgardner arrived at the courthouse in Augusta County, Virginia, to apply for a marriage license. They brought with them an order from Capt. John Collins, Provost Marshall, directing the court to issue the license as ‘they being in all respects entitled to such license.’ While there were other couples that day applying for marriage licenses, George and Diana were the only couple with such an order. This was indeed a historical event as they were the first African American couple to be issued a marriage license in Augusta County.”

-African American Marriage Index 1865-1899, Augusta County, Virginia

At first glance the story of George Kiner and Diana Bumgardner is one of love triumphing over the tragedies of slavery and war. But documents found in the Augusta County Chancery Causes reveal not a lovely wedding born of true love, but a shotgun affair with a groom forced to the altar at gunpoint. In his bill for divorce filed in the Augusta County courts in February 1866, George Coiner (the predominant spelling in court documents was Coiner, but Kiner and Koiner were also used) painted a less than idealistic picture of his wedding day. George Coiner, a former slave, was working in a field when two armed soldiers, one white and the … read more »

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- Augusta Co. Chancery Reveals Pioneer Stories of Western Virginia


Letter to the editor of an unkwown newspaper written by a young lawyer requesting to write a weekly column on the history of Augusta County, Augusta County Chancery Cause 1842-042.

“In the time worn and musty old folios long since filed away in our public offices, there is many a fact recorded that has occured [sic] under the personal observation of no one now living; and which if placed within the reach of the public, would go farther to give us a knowledge of the manners, customs, and character of the pioneers of Augusta County than all the histories that have been written on our native state.”

These words were written by a young lawyer who was researching court records filed in the Augusta County courthouse in the early 1830’s. He was amazed by the amount of history found in the old court papers. He discovered stories about the first settlers of western Virginia and the many obstacles they encountered in their efforts to start a new life in an untamed wilderness. He read about events that happened during the French and Indian War and Revolutionary War. The young lawyer came across suits in which the litigants talked about their migration down the Shenandoah Valley from western Pennsylvania to Kentucky, Tennessee, and Georgia. Mesmerized by what he was reading, the young lawyer wanted to make his discoveries in the court records available to the public, and so, he wrote a letter to the editor of an unidentified newspaper requesting a weekly column in which he … read more »

- Not in my Backyard!


Plat from Augusta County Chancery Cause 1899-070, Lambert Bros. vs. Ford & McDowell etc.

The latest images from the Augusta County Chancery Causes are now available on the Chancery Records Index. This latest addition of Augusta County chancery causes covering the time period from 1896 through 1902 joins the 1867-1895 causes already available online. Following are a few suits of interest found in this latest addition.

In 1898, Betty E. Arey proclaimed that a cemetery would not be built in her backyard when she and her husband brought suit against the Town of Waynesboro in R. E. Arey and wife vs. Town of Waynesboro etc., 1898-004. The Areys attempted to halt the construction of a cemetery behind their property and brought as evidence a plat showing the proximity of graves to their house, garden, and well.

In her bill for divorce, Annie B. Black wrote that she was persuaded to elope by John B. Black who later “willfully deserted and abandoned her at the youthful age of thirteen” after having only been married for two months. In Annie B. Black vs. John B. Black, 1900-054, Annie Black claimed that her husband obtained their marriage license without her presence and falsely represented her as being twenty when she was actually not yet thirteen at the time of their marriage.

In Frank H. Bailey vs. Nannie C. Bailey, 1902-004, the Baileys argue over who abandoned … read more »

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- Augusta Co. Images Keep Coming In!


Perspective Map of the City of Waynesboro, Virginia, 1890. (Augusta County Chancery Cause 1893-030 Fishburne vs. Quarles &c)

The latest images from the Augusta County Chancery Causes are now available on the Chancery Records Index. With this addition, fifty boxes of Augusta County chancery covering the time period from 1879 through 1895 may be viewed online.



Following are a few suits of interest found in this latest addition. Augusta County Chancery Cause 1880-119 is a contract dispute that centered on the construction of an addition to Wesleyan Female Institute in Staunton. The case includes numerous exhibits such as the 1877-1878 school bulletin (image# 134-159), receipts for building materials (image# 195, 200) and two drawings of the addition (image# 213, 215). Augusta County Chancery Causes 1884-057 and 1895-023 are property disputes in which the plaintiffs accuse the defendants of doing harm to the value of their property. In the first suit, the plaintiff argues that heat and fumes from the defendant’s brick kiln adversely affected the value of his property (image# 41). In the second suit, the defendant built a slaughterhouse and stockyard near the plaintiff’s house (image# 491) polluting a stream and causing insufferable smells and noises all of which depreciated the value of the plaintiff’s property. Most notably, this portion of the Augusta County Chancery Causes includes suits that have their origins in the real estate boom and bust period of 1890s western Virginia. Many of the suits contain plats of … read more »

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