Excursus IX: Withers, by George Langford, Jr.

Section V Massey Excursi

One Maryland Massey Family by George Langford, Jr. 1901-1996
©Cullen G. Langford and George Langford, III, 2010

Excursus IX: Withers

Date

Published Genealogical Records

Every family historian with a Withers in his pedigree must inevitably have salivated, genealogically speaking, when he first glimpsed an issue of the Visitations which started a Withers line in 1179-1189 with Sir Robert Wyther, of Pendleton Hord, County Lancaster, Senechal to the Constable of Chester.

Modern genealogists, with their preoccupation with documentation, tend to treat the Visitations lightly, referring to them as mere recordings of knowledge, or belief, of the lineage of each family. But the Visitations were the end result of a serious attempt by the royal College of Heralds to bring order into claims of Baronial and other titles, and so deserve more than just casual respect.

So, many bearers of the Withers name, hoping to link their lines to the twelve-generation line from Sir Robert, have supported much Withers research on both sides of the Atlantic.

For the purpose of this Excursus IX: Withers, I have selected several of the most widely known published genealogies:

Visitations of the County of Lancaster; and Visitations of London. These researches by various "Kings of Arms" were done during the middle of the 17th Century and were published many years ago by the Harlein Society in England.

The Wither Family, by the Rev. Bigg-Wither; and The Wither Family, by Mrs. A. May Osler. Each of these two genealogists published their work on the English descendants linked to the known Visitation pedigrees.

2; 3

Withers Family of Lancaster, England, and Stafford County, Virginia; 1947, by R.E. Withers. Mr. Withers, listed as the author of this book,commissioned two professional genealogists to trace the connection between the English County Lancaster family and the American Stafford County, Virginia, family. Mrs. A. May Osler served as the English genealogist; and Mrs. Katherine Cox Gottschalk of Washington, D.C., served as the American genealogist.

Withers Family, by Stella Pickett Hardy; and Withers-America; Stafford and Fauquier Counties, Virginia; 1949, by Franz V. Recum. Both of these genealogists concentrated their work in Stafford and Fauquier Counties. Mrs. Hardy's work was published in the Virginia Magazine of History & Biography; First Source; Vol. 6, pp.309-313; then Vol. 6, pp.425-427; and finally Vol. 7, pp.87-89. Our line was traced down to include our Daniel Withers but included alomost zero details concerning him. This omission prompted further research, to date [1981 - GL,III, ed.] unpublished.

5; 6

Unpublished Genealogical Material

Somewhere, probably, there may be records that deal with the life and dates of our Daniel Withers and his family, but as of this writing, we have located only fragments:

An 1898 Letter, by Miss Julia Withers, b.c.1850. In 1898 Miss Withers, daughter of Pickett Withers, c.1790-1865, and his wife, Emily Wiggington, 1792-1865, wrote a letter to her brother, Henry Malcom Withers.

Apparently at her brother's request, Miss Withers sent him a resume of her recollections of their Withers relatives, mainly in Fauquier Co., Va. Her letter contained a little information concering our Daniel Withers, but nothing concerning dates and places. This prompted further research.

Recent Genealogical Research

Orville Louis Hough, Denver, Colo.; and George Langford, Jr., Harrisonburg, Va.: Lou Hough and I share Daniel Withers as one of our great-great-grandfathers.

8; 9

As so little is really known about Daniel Withers, we have assumed the task or researching his life. For one thing, it has puzzled us that the place and date of his death has never been determined.

Lou Hough has done most of the research work on the Withers family, and also on the related Hawkins, Pickett and Hough families. His diagrams of these families are detailed and extremely useful, including, of course, the descendants of James Withers, 1716-1784, which include our Daniel Withers.

As I live an easy distance from the Virginia counties where Daniel Withers had spent his life, I took it upon myself, a couple of years ago, to dig systematically into the surviving record, in the hope that sheer persistence would establish the precise date and place of his death. My goal was to locate his Will or Probate records.

I assembled a long, long, list of these surviving records of the activities of Daniel Withers, all dated. I was grasping, genealogically speaking, at every straw that might help achieve this goal. This long sequence of events represents the nearest thing that we have that might be called a biography of Daniel Withers, so I have included it, in toto, as an aide to some later researchers to create a genuine biography.

[Nevertheless] I failed to establish the precise date and place of Daniel Withers' death.

I [did have] two successes:

1	I determined that his death occurred between 28 Mar.1827 and 14 May 1828.
2	[I found that] Daniel Withers died intestate.

Daniel Withers had many dealings with his brothers, sisters, their spouses, and other close relatives. As an aid to understanding these dealings, I have begun Excursus IX: Withers with Daniel's father, James Withers, 1743-1808, listing only the genealogical details of himself and his children; published records that exist of his life history.

1.Lt./Capt. James Withers, 1743-1808

1743

Birth: in Virginia

1; 2

23 Nov.1828

Death: Will; probated 26 Dec.1808, Fauquier Co., Va.

1; 2; 3

James Withers was the eldest son of James ("Old Nigh") Withers, 1716-1784, and his wife, Catherine Barbee, who d. before 1778.

1; 2

19 Nov.1773

Marriage: at Fauquier Co., Va., 8.Sarah Pickett, b.1754, Fauquier Co., Va., d.Mar.1825, Culpeper Co., Va. 8.Sarah Pickett was daughter of 1.William Pickett, 1700-1766, and his wife, Elizabeth Cooke, 1712-1800.

1; 2; 3; 4; 5

Children:

2.James Withers, b.1774, d.1808; m.6 Aug.1798, Elizabeth Mauzy. They had three daughters:

3.Rhoda Withers, m. __________ Goldsberry.

4.Elizabeth Mauzy, m.________ Blain.

5.Susan Withers, m. ________ Quinn.

1; 2

+6.Daniel Withers, b.c.1775, d.c.1828; m.c.1810, Eliza Jane Matilda Hawkins.

1; 2; 3

7.Charles Withers, b.c.1777, Fauquier Co., Va., m.12 Dec.1807, Fauquier Co., Maria Freeman. After 1820, they moved to Ohio. Their daughters, Sarah Picket Withers, m.c.1840, Philip Duncan Elkins, the son of Philip Duncan Elkins and his wife, Sarah McCormick, b. in Fauquier Co. and raised in Ohio.

8.Mary Withers, b.c.1778, m.22 Aug.1796, Samuel Porter.

1; 2

9.Elizabeth Jane Withers, b.c.1780, d.before 1819; m.2 Oct.1806, Fauquier Co., Zephaniah R. English, b.1780 in Maryland, and d. after 1850. After the death of Elizabeth Jane Withers, Zephaniah English m.1819, her cousin, Sarah Jennings Withers.

1; 2

10.Rueben Withers, b.c.1782, Fauquier Co., d.c.1849, in Calif., unmarried.

1; 2

11.Capt.Martin Withers, b.1792, Fauquier Co., d.1879, Culpeper Co., Va., unmarried.

1; 2

12.Lucy Withers, b.c.1786, d. after 1820; m. Jesse Coons of Culpeper Co., Va.

1; 2

13.Katherine Withers, b.c.1788, m.12Sep.1803, Fauquier Co., her cousin, Augustine ("Old Pot") Withers, b.11 Apr.1778, Fauquier Co., d.1826, Fauquier Co.

1; 2

14.Pickett Withers, b.1793, Fauquier Co., d.25 Jan.1865, Culpeper Co., Va., m.8 Sep.1821, Georgetown, D.C., Emily Wigginton, b.Dec.1800, Culpeper Co., Va., d.6 Apr.1889, Jeffersontown, Culpeper Co., Va. Emily Wigginton was daughter of Benjamin and Mary Wigginton.

1; 2

Sources	[for 1.Lt./Capt. James Withers, 1743-1808, only - GL,III, ed.]	Page (in Withers Data Bank)
1	O.L. Hough: 31 Oct.1972 Diagram	p.0064
2	Franz V. Recum: Withers America; Descendants of James Withers, 1680-1746, of Stafford Co., Va.	pp.0086A
3	Virginia Magazine of History & Biography; Vol.7, pp.87-91.	p.0019
4	Estelle Stewart King: Fauquier Co., Va. Wills, Administrations, & Marriages, 1759-1800; p.120	p.0031
5	Excursus X: Pickett.

Date

6.Daniel Withers (1.James)

c.1775

Birth

[Note:

His father, James Withers, was living in Stafford Co., Va., in Jul.1774, and is recorded as being in Fauquier Co., Va. in Nov.1777.]

1; 2; 3

c.1828

Death

[Note:

His last act of record was 28 Mar.1827; this first mention as "deceased" was 14 May 1828, so he is presumed to have died between these two dates. He died intestate, as evidenced by an 1834 Deed and an 1835 Deed., wherein his widow receives "1/3rd for her lifetime" and the children, the other 2/3rds. Daniel Withers' transactions indicate that he was a careful person. Therefore the fact that he did not leave a Will would indicate that he died unexpectedly and not as a result of [any lingering] illness. I have followed many faint clues, but I have found neither the exact date, nor the place where Daniel Withers died.]

4; 5

c.1810

Marriage: Eliza Jane Matilda Hawkins

[Note:

Her father, Capt. John Hawkins, d.1802 in Fauquier Co., Va., so it seems probable that Daniel and Eliza were married in Fauquier Co., Va.; but I could not locate the Marriage Bond.]

Children:

15.John Scott Withers, b.c.1812, Fauquier Co.; on 5 Oct.1848 [he was in] Cooper Co., Mo.; d. unmarried in Calif.	1; 6; 7
16.Adelaide Eleanor Withers, b.c.1813, Fauquier Co., m.22 Feb.1836, Fauquier Co., Charles Henry F. Greenlease	1; 8
17.Maria Hawkins Withers, b.c.1814,Fauquier Co., d.25 Jul.1864, Boonville, Cooper Co., Mo.; m.11 Jun.1839, Boonville, M-6.Benjamin Franklin Massey, b.1811, d.1879.	1
X18.Alice Lee Withers.X [Note: She is mentioned as living in Fauquier Co., Va. 15 Apr.1820; on 24 Feb.1834, "3 minor children" are listed by name, but Alice lee Withers was not listed. Presumably, then, she died between those two dates; but I have found no record that even gives a hint as to date and place of her birth. Final Note: The name Alice Lee Withers cannot be deduced from the deed that C.J. Lee quoted ... there was no daughter named Alice Lee Withers.]	10; 11

6.Daniel Withers: Biography

23 Nov.1808

Fauquier Co., Va: 5.Capt. James Withers, in his Will, names Daniel Withers and Reuben Withers, his sons, as Executors. Capt. James Withers bequeaths "Land in Kentucky" to his brother, John Withers. Capt. James Withers also gives a bequest to "Grandson, Braddock Withers."

27 Aug.1809

Fauquier Co., Va: Daniel Withers, Joseph English and Nathaniel Smith agree to be Trustees of an Agreement wherein Joseph English mortgages a house in Warrenton, currently lived in by Robert Fisher, and the Warrenton lot, formerly owned by John English, for an $800.00 debt owed by Joseph English to Zepheniah English, surviving partner of the John English Complany. In the event that John English fails to pay the $800.00, plus legal interest, by 27 Aug.1810, then Daniel Withers and Nathaniel Smith may sell the house and lot at auction.

23 Jul.1810

Fauquier Co., Va: The above Deed of Trust was recorded by Joseph English, Daniel Withers, and Nathaniel Smith.

14; 13

8 May 1811

Fauquier Co., Va: Daniel Withers named as one of the Trustees at incorporation of 71 acres into town of Warrenton.

15; 16

28 Jun.1813

Fauquier Co., Va: Daniel Withers' name appears for the first time as Court Clerk.

29 Jun.1813

Fauquier Co., Va: A Bill of Sale from Wm. Pickett, Jr. to Daniel Withers is recorded.

18; 17

25 Oct.1813

Fauquier Co., Va: Hugh Douglass grants Power of Attorney to Daniel Withers.

24 Oct.1814

Fauquier Co., Va: Daniel Withers purchased a 322 acre tract on Great Run.

20; 1; 14

2 Oct.1815

Fauquier Co., Va: Daniel Withers and wife, Eliza J.M., sold the above 322 acre tract to John Fox for $5,000.00.

20; 1; 14

20 Apr.1816

Fauquier Co., Va: Tax Return: Daniel Withers: 1 white; 2 blacks; 5 horses.

22 Apr.1816

Fauquier Co., Va: Edward Diggs,Sr. presiding Justice of Fauquier Co., certifies that Daniel Withers was Fauquier Co. Court Clerk.

26 Dec.1816

Fauquier Co., Va: Daniel Withers and his wife, Eliza J.M., deed a 127 acre tract to Lewis Jennings for $3,000.00 cash. Tract adjoins: Rappahannock River, lands of Joseph Chambers, Hancock Lee, William Freeman, Peter Hedgman, Nathaniel Hedgman. Witnessed by: John Jennings, Daniel Harr, Jeremiah Johnston, William Clifford.

20; 14

23 Jan.1817

Fauquier Co., Va: Daniel Withers recorded the above, 127 acre Deed, together with the Certificate of Relinquishment of Dower by Eliza J.M. Withers, wife of Daniel Withers.

1817

Fauquier Co., Va: Tax Return: Daniel Withers: 2 white; 13 blacks; 8 horses.

19 Feb.1817

Fauquier Co., Va: William H. Digges and Caroline Lamson Digges, his wife, deed a 161 acre tract to Daniel Withers for $3,500.00 cash. Tract was purchased from Henry L. Yealman, and adjoining lands of: Richard Baker, Hitt, Kemper.

22 Mar.1817

Fauquier Co., Va: Catherine Lamson Digges acknowledged the 161 acre Deed before David Roder, Deputy Clerk.

15 Jun.1817

Fauquier Co., Va: Deed to above 161 acre tract recorded by Daniel Withers, Clk.

14; 21

25 Aug.1817

Fauquier Co., Va: In his capacity as Court Clerk, Daniel Withers received the Inventory of Alice Hawkins.

19 Jan.1818

Fredericksburg: William McNish, Wesley Cowles, John Kemper & Martha his wife, and Thomas Ashby conveyed personal property to Daniel Withers by Deed recorded this date.

13 Apr.1818

Fauquier Co., Va: Tax Return: Daniel Withers: 1 white; 9 blacks; 5 horses.

24 May 1819

Fauquier Co., Va: Tax Return: Daniel Withers: 1 white; 9 blacks; 5 horses.

27 Mar.1820

Fauquier Co., Va: Tax Return: Daniel Withers: 1 white; 9 blacks; 6 horses.

15 Apr.1820

Fauquier Co., Va: Daniel Withers & wife, Eliza J.M. execute a Deed of Trust to Thomas O. Jennings on a 161 acre tract on which Daniel Withers resides; the tract bought 16 Jun.1817. ... Also a 400 acre tract on which James Withers lately resides.

24; 14

15 Apr.1820

Fauquier Co., Va: Deed of Trust for the benefit of Daniel Withers: J.A.W. Smith, 1st part; Francis W. Brooks, 2nd part; Blackwell vs. Daniel Withers, Executor James Withers, and Daniel Withers in his own right; Brooks, highest bidder on property of etc., etc., for $700.00 paid for the benefit & comfort of Eliza J.M. Withers, his wife, of Daniel Withers. Recorded 15 May 1820.

14; 24

1820

Fauquier Co., Va: Census: Neither Daniel Withers nor Eliza J.M. Withers were enumerated.

23 Mar.1821

Fauquier Co., Va: Tax Return: Daniel Withers (wh. not given); 5 blacks; 4 horses.

26 Mar.1821

Fauquier Co., Va: This is the latest date on record of Daniel Withers' service as Court Clerk.

He was succeeded by his brother-in-law, John Adams Washington Smith, who served 1821-1832.

26 Jul.1821

Fauquier Co., Va: Daniel Withers executed a Deed of Trust to Martin Pickett on his 161 acre tract.

25(342); 14

7 Aug.1821

Fauquier Co., Va: Deed, from Daniel Withers to Steptoe Pickett for benefit of George Brent & Company.

7 Aug.1821

Fauquier Co., Va: Daniel Withers, Executor of Jas. Withers, and John Withers request increase of bond of Jesse Withers and Saml. Borden, Jr.

24 Sep.1821

Fauquier Co., Va: Daniel Withers repeats his 7 Aug. request.

5 Oct.1821

Frederick Co.: Chancellor of the District of Fredericksburg issues a Decree against Daniel Withers regarding a suit by John Kemper and Thompson Ashby to require Daniel Withers to auction Fauquier Co. property:

a 6 acre tract and a 210 acre tract on which John Kemper now lives;

a tract on Great Run containing a Grist Mill, part of Martin Pickett estate; and

a slave named Ben.

24; 26

24 Oct.1821

Fauquier Co., Va.: Jesse Withers, Mary L.H. Rose, Samuel Porter and Martin Porter, execute a Deed to Daniel Withers, Executor of James Withers.

22 Nov.1821

Fauquier Co., Va.: David James, highest bidder in the auction of the 5 Oct.1821 items; paid $2,291.68.

24; 26

28 Nov.1821

Fauquier Co., Va.: Emily Sprigg Hawkins, Orphan of John Hawkins, deceased, made choice of Daniel Withers as her Guardian, who gave $1,000.00 bond.

18 Jan.1822

Fauquier Co., Va.: The 24 Oct.1821 Mortgage Deed was recorded by Danl. Withers.

28 Jan.1822

Fauquier Co., Va.: Deed of Bargain & Sale, Daniel Withers to David James; recorded.

28 Jan.1822

Fauquier Co., Va.: D(aniel) Withers, late Clerk of Fauquier Co. Court sues Wm. Gibson, Sheriff, to recover fees paid to James Metcalf, Deputy, of $500.00 ... and for $945.08 paid to Jas. Edmonds, Dep.Sh. ... Interest & costs requested.

25 Feb.1822

Fauquier Co., Va.: Tax Return: Daniel Withers (no whites); 6 blacks; 4 horses.

26 Feb.1822

Fauquier Co., Va.: Result of suit by Daniel Withers vs. Jesse Withers & others: The District Court orders the following negroes, the property of Jesse Withers, held in Fauquier Co. jail:

Father Henry	William	Francis	Edmond	Robert
Benson	Dennis	Mary	Judy	Greiner
Mitty	Joseph	Helen	Martha	Rachel
Lizzie	John	Nannie	Clark	Cilha

26 Feb.1822

Fauquier Co., Va.: Executorial Account of Daniel Withers on the estate of James Withers, deceased, returned & Court ordered to be recorded.

23 Apr.1822

Fauquier Co., Va.: Court ruled in favor of Daniel Withers in his suit against Gibson, late Sheriff and his deputies; Judgment of $504.00 awarded, with interest from 1 Nov.1821.

29 May 1822

Fauquier Co., Va.: Daniel Withers served on a jury panel.

[Note:

At this point I decided to jump ahead to the period closer to the probable death date of Daniel Withers, so the next record from the Court Minutes is dated 28 Aug.1826.]

24 Mar.1823

Fauquier Co., Va.: Tax Return: Daniel Withers: 1 white; 5 blacks; 5 horses.

27 Apr.1824:

Fauquier Co., Va.: Tax Return: Daniel Withers: 1 white; 5 blacks; 5 horses.

12 Apr.1925

Fauquier Co., Va.: Tax Return: Daniel Withers: 1 white; 5 blacks; 7 horses.

16 May 1826

Fauquier Co., Va.: Chancery Court of Fredericksburg issues a Decree concerning Daniel Withers' Deed dated 19 Jan.1818.

22 May 1826

Fauquier Co., Va.: Tax Return: Daniel Withers: 1 white; 5 blacks; 7 horses.

2 Aug.1826

Fauquier Co., Va.: Daniel Withers sells at auction, for $625.00, to the highest bidders, William McNish and Wesley Cowles, by Thomson Ashby, their Agent: a tract of land, described in the 19 Jan.1818 Deed, on which there is a merchant mill, it being the property conveyed to John Kemper by the Executor of Martin Pickett, which lies upon the waters of Great Run.

28 Aug.1826

Fauquier Co., Va.: Deed for real estate: Daniel Withers, Trustee of John Kemper and wife to William McNish. Recorded 20 Aug.1826

28 Aug.1826

Fauquier Co., Va.: Tax Return: Daniel Withers: 1 white; 6 blacks; 8 horses.

22 Mar.1827

Fauquier Co., Va.: Tax Return: Daniel Withers: 1 white; 6 blacks; 8 horses.

28 Mar.1827

Fauquier Co., Va.: Daniel Withers, as Trustee, etc. (for David James) vs. Ro. & Armstd. Kemper. Dismissal agreed.

[Note:

This is the last record that I could find in any of the Fauquier Co. records that evidenced that Daniel Withers was still living.]

1827

Frederick Co., Va: Listed as owing fees to Isaac Williams, Clerk of Fredericksburg Chancery Court, were:

Jessie Withers

Daniel Withers

Spencer Withers

14 May 1828

Fauquier Co., Va.: Tax Return: Daniel Withers, deceased: 0 white; 6 blacks; 7 horses.

[Note:

This is the earliest record that I have found that listed Daniel Withers as having died. Presumably, then, Daniel Withers died within the 14-month period between 28 Mar.1827 and 14 May 1828.]

1829

Fauquier Co., Va.: Tax Return: Daniel Withers, deceased: 0 white; 6 blacks; 7 horses.

Eliza Jane Matilda Hawkins Withers; widow of Daniel Withers

18 Mar.1830

Fauquier Co., Va.: Tax Return: Eliza Withers: 1 white; 7 blacks; 9 horses.

1830

Fauquier Co., Va.: Census:

Eliza Withers, Head of Family:

1 fem, 30-40; 1 fem., 15-20; 1 fem., 5-10; 1 male, 20-30; 1 male, 5-10.

Slaves:

2 fem., 24-36; 1 fem., 10-24; 4 fem., 5-10; 2 male, 55-100; 2 male, 24-26; 1 male, 10-24; 3 male, 5-10.

3 May 1831

Fauquier Co., Va.: Tax Return: Eliza Withers: 0 white; 6 blacks; 9 horses.

23 May 1831

Fauquier Co., Va.: Martin Withers of Fauquier Co., Va. is given Power of Attorney for action against "every person in the State of Kentucky" by:

Pickett Withers, Reuben Withers, & James Withers, children and legatees of James Withers, deceased;

Jno. A.W. Smith, assignee of Daniel Withers, deceased, who was a son and Executor and legatee of James Withers, deceased;

Samuel Porter, who intermarried with Mary Withers;

Zephaniah R. English, who intermarried with Elizabeth Withers;

Jesse Coons and wife, who was Lucy Withers, daughter and legatee of James Withers, deceased; and

Daniel Ward, assignee of Jesse Coons.

1 Mar.1832

Fauquier Co., Va.: Eliza J.M. Withers and Jno. Scott deed a tract of 94 acres, 6 perches, near lines of Finch and Carter, for:

Bond of John C. Armistead to John Scott for $405.00;

$375.43 paid by Eliza J.M. Withers; and

Further sum of $100.00 to be paid by John C. Armistead and Eliza J.M. Withers.

2 May 1833

Fauquier Co., Va.: Tax Return: Eliza Withers: 0 white; 6 blacks; 9 horses.

24 Feb.1834

Fauquier Co., Va.: Abraham Hickman is authorized to sell for the benefit of the three minor children, for one dollar, land on Goose Creek, Fauquier Co., land conveyed by John A.W. Smith, deceased, to John Scott and then conveyed to Abraham Hickman. One full third to Eliza J.M. Withers during her lifetime; the residue to Adelaide Withers, Maria Withers & John Scott Withers, they to have 2/3rds.

[Note:

The special significance of this Bill of Sale is the division of "1/3rd to [Eliza J.M. Withers] for her lifetime" and "2/3rds to the three children." This is the statutory division of [the estate of] a man who has died intestate.]

24 Apr.1834

Fauquier Co., Va.: Tax Return: Eliza Withers: 0 white; 6 blacks; 9 horses.

Eliza Jane Matilda Hawkins Withers; widow of Daniel Withers; Second wife of Peter Pierce

17 Sep.1834

Fauquier Co., Va.: Marriage Bond:

Groom: Peter Pierce

Bride: Eliza J.M. Withers

Surety: Thomas P.Knox

23 Mar.1835

Fauquier Co., Va.: Tax Return: Peter Pierce: 1 white; 8 blacks; 9 horses.

[Note:

The Fauquier Co., Va. Tax Returns prior to his marriage to Eliza J.M. Withers were, [for] Peter Pierce:

Date	Whites	Blacks	Horses
22 Feb.1823	1	0	1
1 May 1824	1	1	1
16 Mar.1825	1	1	1
28 Mar.1826	1	1	0
30 Mar.1827	1	6	9
21 Mar.1828	1	6	8
1829	1	6	11
2 Mar.1830	1	4	11
28 Apr.1831	1	7	11
11 Apr.1832	1	8	15
25 Mar.1833	1	8	13
24 Mar.1834	1	7	7

28 Aug.1835

Fauquier Co., Va.:

"I, Pickett Withers, Admin. de Bonis non with the Will attached of James Withers, deceased ... for $550.00 sell to Eliza J. Pierce, wife of Peter Pierce, and Adelaide G. Withers, Maria Withers, and John S. Withers, children of Daniel Withers, deceased, a negro man slave named Moses ... 1/3rd to Eliza J. Pierce for her lifetime ... 2/3rds to the three children."

Pickett Withers

[Note:

Again we have the statutory division of 1/3rd to the widow for her lifetime, 2/3rds to the children, evidence that Daniel Withers died intestate.]

15 Apr.1836

Fauquier Co., Va.: Tax Return: Peter Pierce: 1 white; 7 blacks; 15 horses.

22 Mar.1837

Fauquier Co., Va.: Tax Return: Peter Pierce: 2 whites; 6 blacks; 10 horses.

1840

Boonville, Cooper Co., Mo.: Census:

1 male, 40-50; 1 male, 15-20; 1 male, 5-10; 1 male, under 5.

1 fem., 40-50; 1 fem., 30-40; 1 fem., 15-20; 1 fem., 10-15; 1 fem., 5-10.

4 Nov.1840

Boonville, Cooper Co., Mo.: Deed: Peter Pierce, for $120.00, buys 40 acre tract from Jacob Keyser and Susan Francis, his wife.

4 Jan.1841

Boonville, Cooper Co., Mo.: Deed: Peter Pierce, for $95.00, sells above 40 acre tract to Robt. A. Pierce.

30 Jun.1841

Boonville: Power of Attorney: Thomas V. Dunne authorizes Peter Pierce to sell several Boonville lots.

19 May 1842

Boonville: Peter Pierce, for $2,000.00, buys from Charles H. Smith and Rebecca, his wife, lots #212 & #213 in Boonville.

7 Nov.1842

Boonville: "Elizabeth J.M. Pierce, member in good standing of M.E. Church." (newspaper clipping)

Walnut Hill Cemetery, Boonville, Mo.: Withers Lot #138; adjoining:

Large new stone:
WITHERS

Smaller new stone:
          Benjamin Wigginton Withers
                  b. May 11, 1829 in Culpeper Co., Va.
                  d. Jan.19, 1896 in Howard Co., Mo.

Smaller new stone:
          Margaret Keil, wife of Benjamin W. Withers
                  b. Dec.26, 1829 in Boonville, Mo.
                  d. Aug.12, 1883 in Howard Co., Mo.

Large old stone:
Son of Christian and Mary Keil

Smaller new stone:
Daughter of Benjamin & Margaret Withers

Large new stone:
          PIERCE
          Peter Pierce 1794-1871
          Eliza J. Pierce 1794-1871

Six small, old-fashioned stones, without inscriptions

Large new stone:
          MASSEY
          Maria H. Massey 1821-1864
          Adelaide Gillam    1798-1872

[Note:

I suggest that the death dates on the large, new Pierce stone are probably correct, but that the birth date of Eliza J. Pierce should be the year 1788, as on Lou Hough's Withers Diagram.]

[Note:

The Adelaide Gillam on the large, new Massey stone appears to me to be the Adelaide Eleanor Hawkins who m.12 Apr.1815, Caleb Dorsey Gwynne.]

Sources	[for 6.Daniel Withers and Eliza Jane Matilda Hawkins Withers - Pierce only - GL,III, ed.]	Page (in Withers Data Bank)
1	O.L. Hough: 16 Jun.1976: Withers Diagram	p.0064
2	American Archives, 4th Series, Vol.1, p.618	p.0009
3	John H. Gwathmey: Historical Register of Virginians in the Revolution; 1938, p.841	p.0027
4	Fauquier Co., Va.: Tax Returns List	pp.0120, 0121
5	Fauquier Co., Va.: Court of Quarterly Sessions: Court Minutes, per date of reference; and photostatic copies of the court documents	pp.0131, 0132, 0133, 0134, 0135, 0136, 0137, 0138, 0139, 0140, 0141, 0142, 0143, 0144, 0145, 0146, 0147, 0149, 0150, 0303, 0305, 0308, 0312, 0313, 0316, 0317
6	Cooper Co., Mo.: Deed Book M, p.259	p.0014
7	20.Julia M. Withers: 14 Jan.1898: Letter to 24.Henry M. Withers	pp.0062, 0063
8	Franz V. Recum: Withers - America; Descendants of James Withers (1680/1 - 1746) of Stafford Co., Virginia; 1949, p.87	p.0086A
9	See: M-6.Benjamin Franklin Massey
10	Fauquier Co., Va.: Deed Book 24, pp.222-223	pp.0203+0206
11	Ibid.: Deed Book 34, p.370	p.0149
12	Virginia Magazine of History & Biography, Vol.7, pp.87-91	p.0019
13	Fauquier Co., Va: Deed Book 17, pp.673-675	pp.0204, 0205
14	Cazenove G. Lee, Jr.: 6 Nov.1940 Letter to G.L.,Jr.	pp.0033, 0034
15	H.C. Groome: Fauquier during the Proprietorship; 1927, p.214	p.0027
16	Fauquier County, Virginia, p.78	p.0056, 0074
17	Fauquier Co., Va: Deed Book 18, p.696	p.0148
18	Ibid.: Deed Book 18, p.774	p.0148
19	Kentucky Historical & Genealogical Register, Vol24, p.123	p.0012
20	Fauquier Co., Va: Deed Book 21, pp.232-233	p.0221-0223
21	Ibid.: Deed Book 23, p.156	p.0225
22	Hough, Supra: 24 Mar.1980: Letter to G.L.,Jr.	p.0077
23	Fauquier Co., Va: Deed Book 29, p.963	p.0104
24	Ibid.: Deed Book 24, p.222	pp.0203+0206
25	Philip Mack Smith: Fauquier Co., Va.: 1820 Census	p.0029
26	Fauquier Co., Va: Deed Book 24, p.957	pp.0229-0230
27	J. Estelle Stewart King: Fauquier Co., Va. Wills, Administrations, & Marriages, 1759-1800; 1939, p.119	p.0039
28	Hough, Supra: 9 Jul.1980: Letter to G.L.,Jr.	p.0109
29	Fauquier Co., Va: Deed Book 31, p.435	p.0150
30	Ibid.: Deed Book 33, p.156	p.0149
31	Ibid.: Deed Book 34, p.370	p.0149
32	Fauquier Co., Va: Marriage Bonds & Returns; Vol.5, p.60	p.0122
33	Fauquier Co., Va: Deed Book 37, p.301	p.0150
34	Boonville, Cooper Co., Mo.: 1840 Census	p.0030
35	Boonville, Cooper Co., Mo.: Deed Book H, p.212	p.P-0001
36	Ibid.: Deed Book H, p.295	p.P-0001
37	Ibid.: Deed Book H, p.331	p.P-0001
38	Ibid.: Deed Book I, p.75	p.P-0001
39	Boonville, Mo.: Newspaper clipping	p.P-0002
40	Boonville, Mo.: City Directories, 1842-44-46	p.P-0002
41	Cooper Co., Mo.: Deed Book L, p.446	p.P-0001
42	Boonville, Cooper Co., Mo.: 1850 Census	p.0030
43	Cooper Co., Mo.: Deed Book O, p.485	p.P-0001
44	Ibid.: Deed Book O, p.494	p.P-0001
45	Ibid.: Deed Book P, p.223	p.P-0001
46	Walnut Hill Cemetery, Boonville, Cooper Co., Mo.: Tombstone inscriptions	p.0014

Date

14.Pickett Withers (1.James)

1793

Birth: Fuquier Co., Va.

1; 2

25 Jan.1865

Death: Culpeper Co., Va.

1; 2

8 Sep.1821

Marriage: at Georgetown, D.C.; Emily Wigginton, b.Dec.1800, Culpepr Co., Va.; d.6 Apr.1889, Jeffersontown, Culpeper Co. She was the daughter of Benjamin Wigginton and his wife Mary _____________.

Children:

19.Mary Wigginton Pickett Withers, m. _________ English.	2
20.Julia Mannering Withers, living in 1898.	2; 1
21.Lyttleton Withers
22.Sarah Pickett Withers, m. __________ English.
23.Pickett Withers
+24.Henry Malcolm Withers, b.c.1850-55, m.Apr.1888, Mamie F. Pierce, b.7 Jul.1867.	1

24.Henry Malcolm Withers (14.Pickett, 1.James)

c.1850-55

Birth

...

Death

Apr.1888

Marriage: Mamie F. Pierce, b.17 Jul.1867. Mamie Pierce was the daughter of Abel Head ("Shanghai") Pierce, 1834-1900, and his wife, Fanny Lacy.

Children:

25.Lucy Withers, m. Laurance Armour, Chigao, Ill.	3
26.Mary Withers, m. Clive Runnels, Chicago, Ill.	3
27.Pickett Withers	1
28.Pierce Withers, d.12 Sep.1948, Chicago, Ill., age 53 [therefore] b.c.1895	1

[Note:	The data on which this page is based is located in the file, Excursus-Withers.htm - GL,III, ed.]
Sources	[only for 14.Pickett Withers and 24.Henry Malcolm Withers - GL,III, ed.]	Page (in Withers Data Bank)
1	O.L. Hough: 31 Oct.1972: Withers Diagram	p.0064
2	O.L. Hough: 8 Jan.1971: Pierce Diagram
3	Newspaper clipping: 12 Sep.1948	p.0050-A