Establishing Death

As I’m working on a narrative report for Angelina Jane Burke Currey, one of my 2nd great grandmothers, I’ve discovered several data clean-up issues. I’ve already tackled the shared fact issue by converting the shared land and court facts to individual facts. Today, I was working on improving the citations for some of those land and court facts.

One of those facts is the court case that originated on 5 May 1876 in Platte County, Missouri. This case is recorded in the Register of Deeds office in Deed Record Vol. 6 on page 598.

Weston Mo. May 5th 1876

We have this day instituted suit in the Weston Court of Common Pleas for Platte County Mo in the name of Guilford Hornbuckle and Sarah E. Hornbuckle, his wife & Hiram Currey & Angelina Currey, his wife, plaintiffs against John M. Burke & Milton E. Burke, Defendants for the July term 1876, thereof, for the purpose of compelling the execution of a trust & fees partion of the east half of the south west quarter of section thirty four (34) township fifty four (54) range thirty six (36) in Platte Co., Mo.
Guilford Hornbuckle
Sarah E. Hornbuckle
Hiram Currey
Angelina Currey
By Doniphan & [Cohem] Attys
Filed for record, at 6 P.M. May 5, 1876
R L Wallen
Recorder of deeds

Because the sisters, Angelina Currey and Sarah Hornbuckle, are suing their brothers, John Burke and Milton Burke, I’ve always assumed this suit was over their mother’s property. Thus, I’ve also assumed that this was an indication that their mother, Elizabeth Burke, had died prior to May 1876.

Curious as to where this portion of section 34, township 54 of range 36 was on a map, I used the First Land Owner’s Project ($) to locate the section on a map.

When I scrolled in to view section 34, I discovered that the first land owner of this section was Alfred Kirkpatrick. Alfred Kirkpatrick was the husband of Mahala Bland. Mahala was the sister to Elizabeth Bland Burke, mother of Angelina, Sarah, John and Milton. Thus, Alfred Kirkpatrick was their uncle.

If I scroll out just a bit, I find that Elizabeth’s husband, Henry Burke, was a first land owner in section 27.

These maps along with the original deed record raise some questions:

  • What happened to the land Henry Burke owned in section 27?
  • Why are Henry and Elizabeth’s children fighting over a portion of the land originally owned by Alfred Kirkpatrick?
  • What is the ‘trust’ mentioned in the deed record?

Perhaps finding the answers to these questions will help fill in Elizabeth’s life after 1860 and help establish a death date.

Adams on Sugar Creek

Garrard County, Kentucky
Deeds 1787-1902; indexes, 1899-1960

Vol. C 1793-1796
Family Search DGS 183284 Film 008141322

Book C page 554 – image 291

This Indenture made this 6th day of October in the year of our Lord one thousand seven hundred and ninety five Between Charles Bland of the County of Madison and State of Kentucky of the one part and Fethergill Adams of the state and County aforesaid of the other part witnesseth that for an inconsideration of the sum of one hundred and twenty pounds current money of the aforesaid state to him in hand paid by the said Fethergill Adams, the receipt whereof the said Charles Bland do hereby acknowledges and himself therewith fully satisfied and contented hath granted bargained sold aliened and confirmed and by these presents doth grant bargain sell alien and confirm unto the said Feathergill Adams one certain tract or parcell of land containing one hundreds and twenty six acres situate lying and being in the County of Madison and on the waters of Shugar Creek being the [apperend] of a seven hundred acre survey assigned to Walker Daniel by Green Glay and bounded as follows to wit Begining at three beech trees standing in Moses Dooley’s south and north line of his five hundred acre survey and on the west side of a small drain extending from thence south eighty one degrees east at thirty four poles crossing Jno Clarks road in all one hundred and ninety four poles to three beach trees standing in William McClures line thence

image 292 — Page 555

with his line south forty five degrees west two hundred and seventy poles to a Shugartree standing in the said Dooleys south and north line thence with sd Dooleys line north two hundred and eighteen poles to the Beginning with its appurtenances To have and to hold the said land and premises with every of its appurtenances unto the said Feathergill Adams and his heirs forever and the said Charles Bland for himself his heirs exors and admors the said tract of land and premises unto the said Feathergill Adams his heirs Exors and Admors shall and will warrante and defend against the claim of him the said Charles Bland his heirs executors and Administrators or from any other person or persons by or under him or them and against the claim of all and every other person or persons whatsoever In witness whereof the said Charles Bland for himself his heirs exors and Admors hath hereunto set his hand and affixed his seal the day and date above written.
Charles Bland (LS)
Phillis (her mark) Bland (LS)
Signed Sealed acknowledged
and delivered in presence of

At a court held for Madison County on Tuesday the 6th day of October 1795.
This Indenture was acknowledged by Charles Bland and Phillis his wife to be their act and deed she being first privately examined as the law Directs and relenquished her right of dower therein and ordered to be records.
Teste Will Irving MCC