NameJames Burke
Deathabt Jul 1801, Essex County, Virginia
ResidenceEssex County, Virginia
Documentation
Information from notes by Cora Lee Boughan. She stated that James Burke was the father of Elizabeth Ann Burke, wife of William Beazley.
On 3 January 1791, James Burke witnessed a deed from Susanna Burke in her own right and as guardian to Richard, Ann, Edmund, Susanna, William and Judith Burke children and coheirs of John Burke decd late husband of Susanna sold to John Chenault of the parish of Southfarnham and County of Essex, administrator of the estate of John Burke. James signed his name James Burk. [Essex County, Virginia, Deed Book 33, pages 288–289.]
James was mentioned in 23 May 1794 will of his brother, Thomas Burke, proved on 17 June 1805. “I also leave Eight hundred acres of land to be sold lying and being in the county of Nelson and in the State of Kentucky lying north side beech fork and the monies to be collected for my father Rickard Burke & mother Ann Burke after all my Just debts are paid & after their deaths to be equally divided amongst my Brothers Martin, James, & Lewis and two Sisters Barbara & Mary…” [Essex County, Virginia, Will Book 16, pages 358–359.]
James was mentioned in the 5 March 1798 will of his father, Rickard Burke, proved on 21 September 1801. “Item I Give to my three youngest sons Martin, James, and Lewis Burke Two hundred and fifty acres apiece of my kentuckey land … Item I Leave all the remainder of my estate and and [sic] personal to be Equally divided amongst all my Children John Thomas, Martin, James, and Lewis Burke, Barbara Chenault Molly Meador … And Lastly I nominate and appoint my sons John Chenault, Martin Burke, and James Burke to have the cear of my estate during my beloved wife’s life Ann Burke…” [Essex County, Virginia, Will Book 16, pages 88–89.]
On 20 July 1801, John Jones was granted adminstration of the estate of James Burke, deceased. John Jones and Erasmus Jones acknowledge their bond in the penalty of $1,500. [Essex County, Virginia, Will Book 16, page 87.]
An inventory and appraisal of estate of James Burke was submitted by Wm Howard, Isaac Gatewood and James Johnston on 18 January 1802. No total valuation. Includes Slaves Peggy and Sarah, barrels of beans, bottles, one small looking Glass, 1/2 Dozen siting chairs, 1/2 Dozen Pewter plates, 2 pewter Dishes, 2 Basons & 3 Spoons, 1 pair flat Irons, 1 coffee pot, 1/2 Dozen knives & forks & Box, 1 Chest, 1 Butter Pot, 1 Spining wheel & Cards, 2 Small Jugs, parcel Tea ware & Spoons, 3 Gimblets, feather beds, one Small Table, chests, one Tea Kettle & two Iron pots & hooks, Ladle, Iron spoon and flesh fork, 1 ax, 1 Small Dutch oven, 1 Tub, Meal Sifter, 1 Gun, one Bay Mare, etc. Total valuation would be about £95. Recorded 18 January 1802. [Essex County, Virginia, Will Book 16, pages 122–123.]
In 1808, Nancy Burke, the widow of James Burke, and Betsey and James Burke the only children of James Burke, decd., infants by Nancy Burke their next friend, complained against John Jones, the administrator of James Burke’s estate. That James Burke died intestate about 1801 in the County of Essex, that James had another daughter named Nancy who died intestate and an infant in 1807. [Essex County, Virginia, Box Chancery No. 12, Item 12-I-31.]
An undated bill of complaint in Essex County states that Rickard Burke died in March 1801, leaving a widow Ann (still alive at the writing of the bill); son John Burke, who died about February 1803, testate, who appointed Thomas Barton executor; son Thomas Burke, who died about February 1802, testate, never married; son Martin Burke, died 1806 intestate, estate administered by Ben H. Munday; son Lewis Burke; daughter Barbara Burke, who married John Chenault and died in 1807; daughter Mary Burke, who married Richard Meador; daughter Nancy Burke, who married Caleb Gatewood and had an only child named Lucy Gatewood, who married William Howard; son William Burke, who died during his father’s lifetime leaving a daughter Polly Burke; and son James Burke, who died in his father’s lifetime leaving children Betsey, Nancy and James Burke. [Essex County, Virginia, Box Chancery No. 32, 1823, Item 32-G-38.] The bill was answered by John Jones, Ann Burke, and Richard and Mary Meador and sworn to on 22 September 1807, confirming by and large the facts in the bill of complaint. [Essex County, Virginia, Box Chancery No. 32, 1823, Item 32-G-32.] A decree settling the case was issued by Essex County court the same day. [Essex County, Virginia, Box Chancery No. 32, 1823, Item 32-G-36.] The decree settled the estate by giving one-eighth portions each to: Richard Meador and Mary his wife; Thomas Barton executor of John Burke; Ben H. Munday, administrator of Martin Burke; Lewis Burke; William Howard and Lucy his wife; Polly Burke; Betsy, Nancy and James Burke; John Chenault. [Essex County, Virginia, Box Chancery No. 32, 1823, item 32-G-33.]
On 17 July 1809 (date recorded), Lewis Booker was bound as security for Hundley and Lewis Moody in three obligations payable to Nancy Burke, widow, and Betsey Burke and James Burke, children of James Burke deceased. Bonds amounting to £87-5 became due 17 April 1810. Hundley Moody and Catharine his wife indemnify Booker by parcel of land 37 acres bounded by the land of Hundley Moody which lately belonged to John Boughan and was recovered by Boughan from John Chenault. by land of Rickard Burke deceased and by land of Carter Croxton and by main road leading from Piscataway Old Mill bridge to Tappahannock and being that part of the tract with land held by John Chenault which was not recovered from his by the said John Boughan and which has since been conveyed by John Chenault (or by Stephen Chenault agent) to said Hundley Moody. Signed Hundley Moody. Witnesses: James Allen, John Jones, Lewis Dix. Recorded 17 July 1809. [Essex County, Virginia, Deed Book 37, pp. 512-514.]
On March 21, 1810, a petition was presented to chancery court in Essex County, “Humbly complaining shew unto your worships your orators & oratrices Wm Burke and infant under the age of twenty one years by John Jones his next friend, Polly Burke daughter of Martin Burke an infant under the age of twenty one years by Andrew Monroe her next friend, Polly Burke daughter of Wm Burke an infant under the age of twenty one years by John Martin her next friend and Betsey & James Burke infants under the age of twenty one years by John Jones their next friend, that Rickard Burke formerly of Essex county died seised in fee of a tract of land situated in south Farnham parish & Essex county containing about 271 acres, having made & publishing his testament & last will & writing by which he devised to his wife Ann Burke during her life his whole estate real & personal & after devising some Kentucky land he devised all the remainder of his estate, real & personal, to be equally divided among all his children John, Thomas, Martin, James & Lewis Burke, Barbara Chenault & Molly Meador & lent to his grand daughters Lucy Gatewood & Polly Burke an equal part of his estate real & personal & if they should dye without heirs their respective portions should go to the survivors, as will appear by an office copy of the same recorded in this court hereto annexed as part of this bill; that the testator’s son Thomas died in his life time & without having been married whereby the devise in his favor became void, and his sons John & Martin also died in the lifetime of the testator’s widow who died in Jany 1810; that his said son John left a will whereby he devised his interest in the said land in Essex county to your orator Wm Burke, his son, as will appear by the said John Burke’s will recorded in this court; that Martin Burke died intestate and your oratrix Polly Burke is his only child & descendant living. that James Burke died intestate in the lifetime of his Father Rickard and your orator & oratrix James & Betsey Burke are his only children & descendants living; that your oratrix Polly Burke, mentioned in the will of the testator as his granddaughter, is the only child & descendant of the testator’s son Wm who died in the testator’s lifetime; and the testator’s grand daughter mentioned in his will by the name of Lucy Gatewood was the only child & descendant living of a daughter of the testator who died in his life time, which said Lucy Gatewood intermarried with Wm Howard jr after the testator’s death…” Hundley Moody had purchased some of this land, and the petitioners seek division of the land. The case was finally settled in 1822 with division. [Essex County, Virginia, Box 138 D&W, 1820–1821, Folder N.]