Cohabitation registers are among the most important genealogical resources for African-Americans attempting to connect their family lines back through the murky past to their enslaved ancestors. The registers date from 1866 and provide a snapshot in time for the individuals recorded therein and provide a wealth of information that may otherwise be impossible, or at least very difficult, to uncover. Historians are also interested in the registers because of what the registers might say about a particular community of people at a time when great changes had come about as a result of the Civil War and the end of slavery. Locating the complete Augusta County Cohabitation Register took persistence, determination and luck. The concerted effort of the circuit court clerk’s office and the Library of Virginia’s Local Records staff working together solved this nearly 150 year old mystery.
In 2007 Augusta County Circuit Court Clerk John Davis informed LVA staff that four cohabitation sheets had been discovered in his office . Officially titled the Register of Colored Persons of Augusta County, Virginia, Cohabiting Together as Husband and Wife on February 27th, 1866, a cohabitation register was the legal vehicle by which former slaves legitimized both their marriages and their children. The information about an individual person contained in the cohabitation register is literally priceless as it is often the first time … read more »
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 »
Posted in Chancery Court Blog Posts
Also tagged in: CCRP, chancery, Chancery Causes, Chancery Records Index, circuit court records, Circuit Court Records Preservation Program, digitization, Henry County, Lancaster County, Loudoun County, Northampton County, Plat, Surry County, trees, Wise County
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 »
Posted in Chancery Court Blog Posts, Local Records Blog Posts
Also tagged in: Carl Childs, CCRP, chancery, Chancery Causes, Chancery Records Index, circuit court records, Circuit Court Records Preservation Program, Digital Projects, digitization, Local Records, Montgomery County, Petersburg
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 »
Posted in Uncategorized
Also tagged in: Botetourt County, Buckingham County, Chancery Causes, Chancery Records Index, Circuit Court Records Preservation Program, Digital Projects, digitization, Dinwiddie County, Fairfax County, Gloucester County, Hanover County, James City County, King and Queen County, King George County, King William County, Local Records, Lost Records Localities Digital Collection, Petersburg, Prince George County, Prince William County, Rockingham County, Spotsylvania County
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 »
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 »
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 »
“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 »
Posted in Chancery Court Blog Posts
Also tagged in: African Americans, CCRP, chancery, Chancery Causes, Chancery Records Index, Civil War, divorce, marriage, NHPRC, slavery, slaves
“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 »
Posted in Chancery Court Blog Posts
Also tagged in: African Americans, CCRP, chancery, Chancery Causes, Chancery Records Index, Genealogy, Native Americans, NHPRC, slavery, slaves, Staunton, Superior Court of Chancery, West Virginia
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 whom when … read more »