17 September 2020

Merryman Marshall migration to Kentucky: Continued Happy Trails

 

Compiled by Teresa Martin Klaiber 2020

 

I mentioned both George Marshall (1768-1827) and Thomas W. Peek (1788 – 1860) in a blog post Happy Trails Too You[i] August 2010.  Thomas W. Peek was the son-in-law of George Marshall.   September of this year I wrote about Thomas W. Peek’s parents simply titled Francis Peake.

 

Thomas W. Peek married Frances Marshall (1799-1872), daughter of George Marshall. George Marshall married Nancy Ann Rossell and is often confused with another George Marshall in Kentucky during the same period.  George died 26 September 1827 in Caldwell County, Kentucky. Nancy Ann Rossell/Roszell Marshall died 23 February 1822 and is buried in the Old Pettit Cemetery in Caldwell County.  She was the daughter of Dr. Nehemiah Roszell/Rossell who died 21 March 1797 in the Northwest Territory (Historical).

 



 

 

George Marshall (1768–1827) was the son of Merryman Marshall[ii].  Merryman has a lyrical tone to me.  Merryman Marshall was the son of William Marshall and Anne Hudson born in King George County then British America, now Virginia. 

 

I have based my estimated birth of Merryman Marshall by utilizing William Blackstone’s Commentaries on the Laws of England and two deeds dated 18 July 1753, Hanover Parish, King George County between William Marshall and Ann Marshall (his mother) to Thomas Turner. The deeds are selling 123 acres with a release of reversion of inheritance by Anne allowing her life rights.  The land was her inheritance from husband William, deceased, with eldest son William, in his late 20’s, and herself as executors. The money was to be equally divided by 4 sons, one now deceased[iii].  The deceased son was brother Rush Marshall.     

 

The grantee, Thomas Turner, was a vestryman in Hanover Parish and the year the deed was made, a member of the House of Burgess. Turner died in 1757.

 

Hudson, George and Merryman Marshall, were considered “infants” below the age of 21, under English Law, when their father died in 1748. William and another brother, Benjamin were above the lawful age.  Under the law they could own property, especially from inheritance, but could not resell it in their own right until age 21. 

 

Merryman Marshall married Margaret “Peggy” Farguson, daughter of Joshua and Ann Markham Farguson, in his early twenties.  Five children of this union have been identified by this compiler: Elizabeth[iv] born about 1755; George[v] 1768; Reuben 1772; Jane[vi] 1774; and Susannah[vii]. 

 

After his marriage, Merryman Marshall purchased 50 acres in Hanover Parish, bounded by brother William Marshall, from Joseph and Mary Settle/Suttle, 11 November 1758.[viii]  He paid 8 pounds current Virginia money.  The second boundary described within the deed  mentions “Ame” Settle.

 

 

 

The next year, Merryman Marshall was in court in King George County where he witnessed the release of property sold to his brother George Marshall on 1 March 1759.  The deed from Walter Anderson, which was written 1 August 1758, excluded ½ acres of a burial ground with the property bounding the glebe[ix] of Hanover Parish.[x]  Brother George Marshall had married Merryman’s sister-in-law Ann Farguson.  Brother-in-law Joshua Farguson had deeded his sister Ann and George Marshall 130 acres in King George County being the plantation whereon Joshua Farguson, deceased father of Joshua formerly lived[xi] in December 1753.

 

On 1 May 1760 both George and Merryman sold brother William Marshall portions of their inheritance[xii]  before Merryman migrated to Orange County between May 1760 and October 1763.  In October ’63, in Orange County, brother-in-law Joshua Ferguson (aka Farguson) sold Merryman Marshall cattle, a feather bed…a case of bottles, (& other sundry items) 13 pewter plates, tobacco, fodder, corn and the lot of land where Joshua had resided[xiii].

 



 

By 1764/65 Merryman Marshall begins to appear in court orders in Orange County and was involved in several debt cases Involving various individuals including John Askew, Robert Pearson, and George Head.   On the 4th of July 1765 Merryman and wife Margaret Marshall of Orange County, Virginia sold the land purchased from Joseph Settle in King George County, bounded by William Marshall and Thomas Smith to Amy Settle/Suttle for twenty pounds[xiv]. 

 

Merryman Marshall’s son, George[xv] was born in Orange County in 1768.  August, the same year, Merryman and “Peggy” his wife sold 300 acres to Ludwell Grymes[xvi].  The digitized scan copy which this compiler viewed is black and grainy making it very difficult to read.  The land was near Piney Mountains. Piney Mountains probably refers to the range that runs to Piney Mountain in Albemarle County which borders Orange on its southwest line.  Youtube has a folk song Piney Mountain by Bruce Molsky that shows the range as he plays his fiddle which my readers might enjoy.



The indenture cites a patent, 28 August 1746, to Michael Pearson but is hard to read.  These 300 acres were surveyed by Zachariah Taylor,[xvii] deceased at the time of filing.  In fact, Taylor died 1 March 1768 and is buried in the family cemetery in Orange County.  One of the bounds described in the deed is with Taylor whose home plantation was called Meadowfarm.  Another bound is with George Head who Merryman Marshall had a debt case with the year before, in 1765. Another debt case in 1765 involved Robert Pearson son of the patent holder Michael Pearson.

 

Just to show how much our ancestors moved around from county to county (and beyond) Merryman Marshall witnessed a deed in Spotsylvania County January 6, 1769 between Samuel and Mary Simpson of Albemarle County and Peter Marye of Spotsylvania County[xviii]. Among the other witness’ to this transaction was James Marshall.  James is the son of Lucy Marye and husband Mungo Marshall.[xix] Lucy was the daughter of Peter Marye cited in the indenture.  Mungo was an early minister in St. Thomas Parish, Orange County. He died in 1758 in St. Thomas Parish.  Widow Lucy remarried  Dr. Jason Marsden. Both she and son James Marshall died in Culpeper County.  At this writing I have found no familial relationship with Merryman Marshall.  Merryman Marshall next appears in Culpeper County which lays on the northern border of Orange.

Merryman Marshall is listed as in the military in Orange County in 1771 and by August 1771 is cited in Culpeper when  Richard Vernon describes  property in a deed to Vernon’s son-in-law William Roebuck…

“…to Cave's old road...cup the branch to Merryman Marshall's line where it crosses the branch...along the old road to Mr. Buford's corner...to Beautiful Run…”

 

Merryman Marshall “of Culpeper” indemnified himself to his “beloved friend” Richard Vernon who had given a money obligation on his behalf on 17 March 1771.

“I Merryman Marshall of Culpeper, planter for divers good causes me thereunto moving but more especially to keep indemnified my trusty and well beloved friend Richard Vernon who has layed himself under money obligations on my behalf in the way of bail and security...make over to Richard Vernon[xx] my negro boy named London and negro girl named Jude or Judith, to be by him sold to the best advantage he can at any time when he shall be in danger of distress on the accounts…further I do impower Richard Vernon to enter into any house belonging to me or any person under me where these negroes shall be kept or supposed to be kept or any ways secreted and lease and secure them for the purposes above...wit Richard Quinn, Anthony Deering and Wm Roebuck.”[xxi]
 This compiler has not yet found a case involving bail and security for Marshall and Vernon.

By 1781 Merryman is back in Orange County.  In February he was one of many who petitions to repeal compulsory eighteen month service in the Continental line.  The petition was rejected.

 

In May he along with wife “Peggy” sold Benjamin Johnson.  of King George., a plantation in Hanover Parish of King George containing 100 acres, it being land that William Marshall Sr. purchased of John Ingland and devised to elder son Benjamin Marshall. As with the other lands devised by the senior William Marshall once a son was deceased it was to descend to the other issues.  Merryman’s brother Benjamin died in July 1778 in King George county[xxii].

Merryman and Peggy’s son George married Nancy Ann Rossell, 30 September 1787 in St. Thomas Parish, Orange County.

The 1790 census schedules for Virginia were destroyed during the War of 1812.  State enumerations made in 1783, 84 and 85 have been utilized in various publications as a form of replacement.  The reconstructed list for a William Bell show Merryman Marshall with “6 white souls.”  With George marriage in 1787 and Daughter Elizabeth  married in 1789 it is unclear which year or years were utilized as a reference point for the Marshall family.

 

Merryman Marshall is cited  in a transaction, in December 1792, when William and Mary Settles of King George sell James Edward land which included lands Merryman had sold Amy Settles.[xxiii]

 

The Library of Virginia Chancery Index shows Farguson vs. Marshall in 1794 in Orange County. We assume this involves one of Margert “Peggy” Farguson Marshall’s brother’s.  However “assume” is a dangerous word when building a genealogy so I reserve any further comments until I can look at the reel.  The entry is mentioned as a reference that the Marshall’s are still in Orange County in 1794.  Son George along with Dr. Roszell and others have migrated up through the Cumberland Gap into Scott County, Kentucky[xxiv] and appear on the Scott County, Kentucky tax list[xxv].

 

With George gone and Elizabeth married The remaining family prepared for more marriages in 1795. Daughter Susannah marries William Taylor November 1795 in Orange County.  Daughter Jane marries in December 1795 Thaddeus Blackerby.   

 

In 1792 Madison County had been formed from Culpeper County and the newly formed county now borders  a northern portion of Orange County.



 

By 1797, according to researcher, Debbie Vaughn, Merryman gave his son Reuben all his household goods in Madison County, Virginia.  In a letter to this compiler she states she found the reference in Madison County “miscellaneous records” at the Filson Club.[xxvi] I find both Meriman (sic) and Reuben listed on the 19 April 1797 Madison Personal Property Tax list.  Meriman with one white male over 21 and one horse. Reuben only marked as a white male over 21.  Reuben would be 25 years old.[xxvii]  Then on October 27, 1797, recorded in the Madison County Order Book, I find the following: “A bill of sale between Merryman Marshall of the one part and Reuben Marshall of the other was produced into court and proved by the oaths of John Mountague and James Merry Mountague witness thereto and ordered recorded.”[xxviii]  The actual bill of sale is in Madison deed book 2 page 109. “Know all men by these presents that I Merryman Marshall of Madison County …have bargained and sold unto my son Reuben Marshall of the said county…two feather beds with their furniture…one chest, a bell, Mettle (sic) skillet, two iron pots, half a dozen chears (sic), one frying pan, one griddle, one table, three wooden water vessels, a parcel of stoneware and some pewter, a tin coffee pot, pair of five tongues, two fat hogs for the sum of twenty pounds lawful money.  Recd. Of my son for the above mentioned goods and do warrant and defend the above mentioned goods unto the said Reuben Marshall from the claim…of any persons…this 26th day of October 1797. Merryman Marshall. Teste John Mountague and James Merry Mountague (by mark). At a court continued and held for Madison County on Thursday 26th day of October 1794 this bill of sale from Merryman Marshall of Madison County on the one part to Reuben Marshall of the other proved by John Mountague and James Merry Mountague[xxix] and ordered to be recorded. Teste John Walk Jr. clerk.” This compiler would hesitate to assume it was all Merryman Marshall’s worldly goods since the son paid for the items instead of receiving same for “love and affection.” But a transaction two years later in Orange county would indicate that Reuben was caring for his parents.

 

Reuben files an agreement in Orange County 27 August 1799, with his brother-in-law Thaddeus Blackerby to care for his father and mother.[xxx] Reuben transferred the following: one bay mare, one cow and calf, two feather beds, 15 head of hogs, corn and tobacco, utensils, his household and plantation to Blackerby stating Blackerby “undertakes on his part to support and maintain in a decent and respectful manner the father and mother of said Reuben in board, cloathing, and every necessary incident to their situation during their lives…”

Merryman and Peggy Marshall’s son Reuben would migrate to Kentucky, and serve in the War of 1812.[xxxi]  Daughter Jane and husband Thaddeus Blackerby now have the responsibility of Merryman and Peggy Marshall.  They also migrate to Kentucky.  Son George is already settled in Scott County, Kentucky. where we find Merryman Marshall listed as “exempt” on the county tax list for 1811.[xxxii]  Most over 65 are exempted by the courts and Merryman is now 75 years of age. 

The Blackerby family went ton Garrard County and will later move to Lincoln County.  Merryman will appear one last time (after death) in the will of his son Reuben written 6 February 1856: “to my aged and affectionate wife Catherine Elizabeth...(among other things) land warrant now in my possession for my service in the War of 1812 calling for 120 acres...also the unsettled claim which I have against the US for services of my father in the Revolutionary War”.

 

Scott county Courthouse has had several disasters, the first in 1837. Many pieces of deeds have been recopied, transcribed and even include guesstimate dates.  As stated earlier, Merryman Marshall’s son George appears in Scott County in 1794.  He is cited in a wonderful Kentucky Land survey involving the Denny’s and father-in-law Nehemiah Roszell.[xxxiii]  Indexed under the Denny surname it was quite an exciting find.  George was still in Scott county as late as July 1819 when he sells property[xxxiv] and migrates westward, across the state of Kentucky to Caldwell county.  He left son John W. and son Stephan his attorney of fact in Scott county on two occasions.  Nancy Ann Rossell/Roszell Marshall died 23 February 1822 and is buried in Caldwell County.  George then married Clara Wright the first of  August in Caldwell County.  They divorced in Fayette County in February 1826[xxxv]   where he then married Polly Connell.  George left probate records in Caldwell County and died the next year, 26 September 1827 and was buried next to his first wife in Pettit Cemetery.

Lyrical sounding Merryman Marshall took me on trails leading through various counties of Virginia and a trek to Kentucky.  I suspect Merryman was named for his grandmother Sarah who married William Marshall.  I need to follow that trail. William married a 2nd time after the death of his first wife to Ann nee Buckenham.   Until we meet again, Happy Trails.



[i] Roy Rogers grew up in Scioto County, Ohio and I believe he would be pleased that I still remember him, his family and his quote.
[ii] Compiler’s sixth great grandfather
[iii] Virginia, King George, Deeds, book 4 p 41.
[iv] Elizabeth Marshall married William jarrell 24 Dec 1789 in Albemarle County, VA.
[v] George Marshall married 30 Sep 1787 St. Thomas Parish, Orange Co., VA Nancy Ann Rossell
[vi] Jane Mashall married Thaddeus Blackerby 4 Dec3mber 1795 Orange County, VA.
[vii] Susannah Marshall m# 1 – Gibson m # 2 William Taylor 26 November 1795 Orange County, VA.
[viii] Virginia, King George, Deeds, book 4 p 375.
[ix] Glebe lands to support Parish priest
[x] Virginia, King George, Deeds, book 4 p 380-384.
[xi] VA, King George dbk 4 p 67
[xii] Virginia, King George, Deeds, book 4 p 438-439.
[xiii] Virginia, Orange County, Deeds, book 1759-65 (bk 13) p 417
[xiv] Virginia, King George, Deeds, book 4 ...p 607-8.
[xv] Compiler’s ancestor
[xvi] Virginia, Orange County, Deeds, book 14 p 326.
[xvii] Grandfather of President Zachary Taylor
[xviii] VA., Spotsylvania Dbk
[xix] married Spotsylvania County 16 March 1748.
[xx] Richard Vernon m. Sarah Tinsley prob. Orange Co. Va. Also had lands in Surry Co., NC.
[xxi] Culpeper County, Virginia, : Book F p 425.
[xxii] Virginia, King George, Deeds, page 1238-1240.
[xxiii] William Emmett Reese, The Settle- Suttle Family (Carrollton, Georgia: Thomasson Printing Company, n.d.), page 208.
[xxiv] Kentucky, Knox, Deeds, Book A page 83-98,
[xxv] Kentucky, Scott County. Kentucky Historical Society. , Tax Rolls. FHL Microfilm 8221. Church of Latter Day Saints, .
[xxvi] Filson Club, 310 S 3rd, Louisville, KY
[xxvii] VA., Madison. Personal Property Tax FHL film dgs 7836233.
[xxviii] VA, Madison, Court Orders. Film 008151730. Page 425.
[xxix] James Merry Montague s/o John Montague migrated to Scott County, KY and married there 10 Sep 1812 Frances Richards Threlkeld.
[xxx] Virginia, Orange County, Deeds, bk 21 p 460.
[xxxi] 17 Francesco’s Kentucky Militia (Service Record. Fold3) At this writing the 1812 KY pension files are incomplete at Fold3
[xxxii] Kentucky, Scott County. Kentucky Historical Society. , Tax Rolls. FHL Microfilm 8221. Church of Latter Day Saints, .
[xxxiii] Filed as Denny, E and others, April 1800, Survey 5564, ; Kentucky Kentucky Land Office , Kentucky Land Office, Frankfort, Kentucky.
[xxxiv] Scott County, Kentucky, Deeds, Deed book C page 140.
[xxxv] Fayette County, Kentucky, Circuit Court Case Index, 1826 page 623; ; Church of Latter Day Saints, ; FHL microfilm FHL film 2111026.