by Michael A. Ports"

The origins of the Riley family in southwestern Virginia are somewhat shrouded in mystery. Daniel Riley, thegreat great great great grandfather of the author, first appears in the extant records of southwesternVirginia frontier soon after the Revolutionary War. Unfortunately, these few records do not reveal muchabout Daniel Riley prior to 1800 or so. According to oral tradition, Daniel changed his surname from O'Rileysoon after coming to Virginia from Dublin, Ireland. But no records have been found to support thattradition. A Patrick, William, John, Nathaniel, and Allen Riley appear in the early records of southwesternVirginia, in addition to the subject of this essay. Whether and how these men may have been related is notyet known, although it is presumed tha t they were. It is certain, however, that they were at least wellaquainted. Perhaps continued research will document the relationships among the early Riley pioneers insouthwestern Virginia and discover their Irish origins. Hopefully, the following summary and discussion ofthe available records will expedite that research.

The First Riley Pioneers in Southwestern Virginia

The French and Indian War ended with the Proclamation of 1763, in which George III forbade settlementwest of the Blue Ridge Mountains. However, the Virginia government paid its war veterans with grants ofland west of the mountains. Thus, white settlers scurried to the frontiers and, in reality, the Proclamation of1763 was ignored in southwestern Virginia.l In 1769 the region was part of Augusta County. But, in thefollowing year. the formation of Botetourt County moved the seat of government closer to the settlementsalong the Clinch and Holston Rivers. By 1n3, the frontier settlements had advanced so rapidly that thenew western county, Fincastle, was created. In spite of the terror from frequent Indian attacks, settlementcontinued. The Committee of Safety for Virginia, which had replaced the royal governor as the executive ofthe state, ordered that six companies of militia be called up to protect the frontier settlements. Meanwhilethe General Assembly had met and petitions from the residents of Kentucky, Clinch Valley, and HolstonValley were received. urging that new western counties be formed from Fincastle. In late 1776. FincastleCounty was abolished and replaced by Montgomery, Washington, and Kentucky Counties. In 1786, RussellCounty was formed from Washington County and named for the local Revolutionary War hero, BrigadierGeneral William Russell. Lee County was formed from the western portions of both Russell and WaShingtonCounties in 1793. Then Scott County was split off from portions of Lee, Russell, and Washington in 1814.

One of the first lands surveyed on the waters of the Holston and Clinch Rivers is the 120 acre tract onSinking Creek a branch of the Holston River for John Riley on February 13, 1774.2 This may have been thesame John and Sizabeth Riley of Botetourt County, who sold to William Preston for 15 pounds Virginiamoney a 195 acre part of the 1004 acre tract patented to John Riley on September 16, 1765 on a branch ofCatawba Creek formerly in Augusta County.3 John Riley served as a private under Captain Evan Shelby onthe expedition against the Indians, which culminated on October 10, 1n4 in the Battte of Point Pleasant,the only battle in Dunmore's War.4 Captain Shelby's Company of Fincastle County Militia had been raisedalong the waters of the Holston River.s That strategic victory over the Indians opened Kentucky andTennessee for settlement and provided a buffer to the Clinch settlements. However, Indian depravationscontinued well into the mid 1790's.6 In early 1nS. a Committee of Safety was formed to govern FincastleCounty, with William Russell in attendance. In response to provocations from the English crown, theCommittee of Safety issued the Fincastle Resolutions. That now famous statement of opposition to theroyal government of George III demonstrated that the leaders on the frontier were willing to fight for theirfreedom. Undoubtedly, many of the settlers agreed.

Patrick Ryhley, on December 9. 1785. signed the petition to the Virginia Legislature seeking to form RussellCounty from Washington County.7 But betore the new county was formed. he recorded his survey. byTreasury Warrant No. 11782. on March 9. 1786, for a 120 acre tract lying on the waters of MockeysonCreek and on the north side of Huston's Run Path.s With his lands in the newly formed Russell County,Patrick Ryley appears on the first tax list of Commissioner Samuel Ritchie. dated 1787. with no malesbetween 16 and 21, no slaves. 3 horses. and 2 cattte.s Now that the long war was over and the Indianmenace had subsided, the settlements along the Clinch and Holston Rivers were filling quickly. Patrick didnot follow the frontier further west, but continued to add to his land holdings. He had surveyed on January29, 1793, by Treasury Warrant No. 14,585, a 42 acre tract adjacent to his previously recorded survey.10 OnMay 3, 1797, Patrick Rylie of Russell County bought from Walter Preston of Washington County for $100 a170 acre tract lying on both sides of Mockeyson Creek between the lines of William Huston's and FUgit's.11

It is assumed that Patrick's two tracts along Moccasin Creek were either adjoining or nearly so. But, onApril 23, 1799, Patrick and Catherine Riley sold to John Riley for $300 current money all of that 170 acretract previously purchased from Walter Preston.12 Both Patrick and Catherine signed with their mark.Unfortunately, no relationship to John Riley is mentioned in the deed. In turn, John Riley of Lee County soldthat same 170 acre tract on Moccasin Creek to John Wood of Russell County, on February 6, 1802, for$400.13

On August 6, 1796, Nathaniel Riley of WaShington County and Elizabeth his wife sold to Daniel Darby ofRussell County for 50 pounds the 50 acre tract within Russell County located at toe head of Mill Creek onthe waters of Clinch River, which had been granted to Nathaniel Riley by patent dated March 29, 1789.14Both Nathaniel and Elizabeth signed their mark. No witnesses were recorded with the deed. She may havebeen the Elizabeth Ryley who was enumerated in the 1810 Census of Washington County, aged over 45years. with one male 16 to 26 and one female 16 to 26. If she were, then where was her husbandNathaniel? Perhaps he had ventured further west in search of better land only to return later. Nathaniel

.Riley and his wife Elizabeth of Washington County, on February 25, 1828, sold to William Riley, ofWashington County, for $150 the 60 acre tract on the north fork of the Holston River where Nathaniel RileyIived.15Unfortunately, no relationship between Nathaniel and William is mentioned in the deed, although itis assumed that Nathaniel was the father of William. Nathaniel Riley was enumerated in the 1830 Census ofWashington County aged 80 to 90 with 1 female aged 70 to 80. Even though Nathaniel owned property andresided in Washington County for many years, his name appears on the county tax rolls only for the 1794.How he managed to avoid the tax collector for so long is unknown.

From the meager evidence available, it is not yet possible to determine just how Daniel Riley may havebeen related to the other Riley's of southwestern Virginia. It seems at least plausible that Patrick, John,Nathaniel, and Daniel were brothers, but there is no proof. Based on the available records, estimates of thebirth dates for the four probable brothers follow:

1. i. Daniel, born circa 1739.

2. ii. John, born circa 1741.

iii. Nathaniel, born circa 1745.

3. iv. Patrick, born circa 1750.

1. Daniel Riley, at the age at 94, made the following declaration before the Washington County Court, onMarch 25. 1833, in order to qualify for a pension under the provision of the Pension Act passed byCongress the previous year.16 .

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"Thathe enlisted in the army of the United States in the year 1776 in the month of Marchunder Capt Thomas Bell at Staunton in Augusta County Virginia for three years or duringme war. That he marched under CapeBell to valley forge. There he was transferd to acompany commanded by Capt Alexr Breckenridge in the Regt commanded by Cola WmRussell. That he was in the battles of Brandawine & Germantown. and afterwards at thetaking of Burgoine. Cola Russell and Cola Cabell commanding the Regt to which hebelonged at the time of the engagements above alluded in the year 1777. He was thenwith his Regiment march to Middlebrook in New Jersey and remained there during thatwinter. And in state of New Jersey until 1779. In this year was at taking of Stoney pointunder the command of Genl Wayne, from thence was march to West point and afterremaining there some time was march back to virginia, and in the winter of the same yearwas march to Charleston in South carolina, and was there when it was taken by theBritish, and made a prisoner and kept on board a guard ship until the taking of Cornwallisat yorktown Vawas then exchsnqec: and immediately afterward discharged at yorktown byCola Russell. His discharge was sent to Richmond virginia where he obtained his landwarrant.:

Danl Ry/ie(by his mark)

From his pension declaration. most of Daniel Riley'swartime exploits may be reconstructed. Commandedby Colonel William Russell. the 13th Virginia Regiment was assigned to Brigadier General PeterMuhlenberg's Brigade. then at Morristown, New Jersey, along with the 1st. 5th, 6th, and 9th VirginiaRegiments as well as the German Regiment.1? However, Alexander Breckenridge did not command acompany in this regiment.18 The 13th Virginia Regiment. also known as the West Augusta Regiment, wasorganized on February 12. 1777 at Fort Pitt to consist of nine companies from Yohogania. Monongalia. andOhio Counties. which comprised the former West Augusta District of Virginia.19 Can it be assumed thatDaniel was transferred to the 13th Regiment because he was an experienced frontiersman from WestAugusta? Alternatively. did he simply not recall the specifics of his enlistment so many years later?

Muhlenberg's Brigade participated in the Battles of Brandywine on September 11, 1777 and Germantownon October 4. 1777.20 However. Daniel's regiment did not take part in the Saratoga Campaign, whichculminated in the surrender of Major General John Burgoyne's British and German regulars. GeneralWashington formed a provisional rifle corps on June 13, 1777 under Colonel Daniel Morgan of the 11thVirginia Regiment.21 The temporary corps served as light infantry and was the only Virginia unit thatparticipated in the Saratoga Campaign. The men, primarily from Virginia and Pennsylvania Regiments, wereselected for their marksmanship and woodcraft, lending credence to the assumption that Daniel Riley wasa frontiersman from West Augusta. The provisional light infantry intimidated Burgoyne's Indians anddrastically reduced his ability to procure accurate intelligence. Major General Horatio Gates inflicted twodefeats on "Gentleman Johnny" Burgoyne and forced his surrender on October 17, 1777. Apparently,Daniel Riley was among reinforcements that were speeded to Gates immediately after the 8attle ofGermantown. Therefore. it is doubtful that Daniel participated in much more than the climax of thecampaign against "Gentleman Johnny." Morgan's Battalion of Riflemen were considered only a temporaryunit. thus Daniel may have been permanently assigned to the 11th Virginia Regiment. which was laterredesignated the 7th and commanded by Lieutenant Colonel Samuel Cabell.22

While he may well have been marched back to Middlebrook. New Jersey, Daniel did not winter there.Because General Washington had abandoned New Jersey temporarily to the British, no troops were leftthere over the winter of 1778. Virtually all of the Continental Army. with few exceptions. wintered withWashington at Valley Forge. Pennsylvania that year. There. enduring great hardship and depravation, theArmy was reorganized and received extensive training under Baron von Steuben. Daniel's pensiondeclaration does not mention any further events in 1778 or the first half of 1779. At midnight on July 16.1779. four provisional light infantry regiments. consisting entirely of hand picked men under the command

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of Brigadier General "Mad Anthony" Wayne, achieved a complete success in a 'surprise attack on StonyPoint, New York.23 With bayonets fixed on unloaded muskets, the direct frontal assault upon a well fortifiedposition, was instrumental in proving that the Continentals could stand up to and defeat the British regulars.Again. the fact that Daniel Riley was hand picked to join "Mad Antnonys" sharpshooting light infantry lendscredence to the assumption that he was a seasoned frontiersman. He was certainly a seasoned combatveteran. By the end of December 1779 Wayne's elite corps was disbanded. Because the focus of the warhad shifted to the southern arena, General Washington dispatched reinforcements. The Virginia line underthe command of Brigadier Genera! William Woodford reached Charleston, South Carolina on April 6, 1780.Daniel Riley was likely a private in Captain Alexander Breckenridge's Company of the newly formed anddesignated 3rd Virginia Regiment commanded by Colonel Nathaniel GiSt.24.The entire Charleston garrisonsurrendered on May 12, 1780 when Charleston fell. This defeat was the worst suffered by the ContinentalArmy during the Revolution. Daniel Riley then was forced to endure the next 16 months on a prison ship,probably in Charleston harbor, until the surrender of Cornwallis at Yorktown in October of 1781. The Britishprison ships were notoriously wretched, killing perhaps more Americans than British rifles. Estimates oftotal deaths on such ships throughout the War run from 7,000 to as many as 8,000.25

For his service during the Revolutionary War, the State of Virginia granted Bounty Land Warrant No. 2896for 200 acres to Daniel Riley on April 6, 1784.26It is interesting to note that the warrant was issued byAlexander Breckenridge, the Captain under whom he had served during the war. The warrant reads asfollows:

"This may certify that Daniel Rily a soldier in the Virginia Continental Line (Colo Grayson'sRegiment) enlisted the first day of January 1777 for the term of three years. afterwardsreenlisted in December 1779 for the war. and hath received his full pay in paper currencyup to the thirty first day of November 1779.'

Given under my hand in Washington County this 17thday of October 1783.

Alexr BreckenridgeCapt Virga line

The original warrant on file at the Virginia State Library was countersigned by Lieutenant Colonel JonathanClark. On the reverse side of the warrant:

"For value received I do hereby assign & make over to James Raburn his heirs or assignsa/l my right & title to pay & land."

as witness my hand

Daniel X Ryley(by his mark)

The bounty warrant is a more reliable record of Daniel's military service than his own sworn pensionapplication because the application was filed so long after the War. Colonel William Grayson's AdditionalContinental Regiment of Infantry was raised at large from Maryland and Virginia in 1777.27 The regimentfought in the Pennsylvania Campaign of 1777 and saw combat at both Brandywine and Germantown.Ueutenant Thomas. Bell was promoted to the Captaincy of the regiment's 10th Company. Because theranks were ravaged by smallpox, the regiment was merged into Gist's Additional Regiment in April 1779.That same month, Daniel's name appears upon the payroll of the company of the newly reformed regimentcommanded by Captain Alexander Breckenridge.28 After the merger, Daniel was assigned to MajorNathaniel Mitchell's Company upon whose extant payrolls he appears each month from May throughNovember of 1779. From the warrant, it is clear that Daniel was in Washington County soon after theRevolutionary War. Both William Russell and Alexander Breckenridge had settled in Washington County

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before the War. Had Daniel also settled there before the War and gone to Staunton to enlist? Or. had hesimply followed his officers there after his discharge? Daniel then sold his Bounty Warrant to JamesRaburn. But. the records do not indicate that he stayed in Washington County. Perhaps he ventured funherwest into Kentucky or Tennessee for a few years. Perhaps he plied a trade in nearby Abingdon or Saltville.Or. perhaps he farmed on shares or by lease. No further record of him has been found until 1791. whenDaniel Realy paid personal property taxes in Washington County on one horse.29 On November 25. 1795,Daniel Ryley. assignee of Levey Jones. assignee of Peter Harmon. and assignee of Aaron Lewis recordedhis survey for 150 acres by Treasury Warrant No. 9795 and for 50 acres by Treasury Warrant No. 12954fora tract on both sides of the north fork of the Holston River. lying above the mouth of Tumbling Creek on thesouth side of Uttle Mountain.3D Daniel avoided paying taxes on the 200 acres of land until 1801, eventhough he paid the taxes for one horse in 1796, 1797, 1798, and 1799.31

In 1802 Daniel Riley began to pay taxes on two tracts, one of 200 acres and one of 46 acres, and continuedto do so through the year 1807. Yet. no record has been found of him acquiring the second 46 acre tract.On January 17, 1804, Daniel Rylie bound his son, William, to John Cubine to serve as an apprentice tailorfor 5 years.32Daniel Ryley and wife Elizabeth, on April 20, 1805, sold for $26 to William King their interest inthe waters of Halfacre Creek running through the lands of Neil McNeil and Daniel RyleY.33On April 3, 1807,Daniel Riley deeded to his son-in-law Joseph Pendleton and his son Andrew Riley for love and affection "aI/my lands whereon we now live, lying about 3 miles from Saltville on fork of Holston" containing 246acres.asJoseph Pendleton received all of the lands on the north side of the Holston River and Andrew Rileyreceived all of the lands south of the river. His wife, Elizabeth, did not release her right of dower asrequired. The lands remained undivided as Andrew Riley and Joseph Pendleton together paid the propertytaxes for the entire 246 acres from 1809 through 1824. The tract was located on the North Fork of theHolston River adjacent to the lands of James Doland and Charles Sherman.

On the 1824 tax roll, the notation "of Russell County" appears next to the names of Andrew Riley andJoseph Pendleton. On the 1825 tax roll, Andrew's name does not appear. The taxes were paid by DanielRiley and Joseph Pendleton from 1825 through 1828 and thereafter by Daniel alone. The 1828 tax rollincludes the notation that the 246 acre tract was part of Robert Preston's original tract of 300 acres. But atleast 200 acres were part of Daniel's original 1795 survey. On October 11, 1833, Daniel Rylie and his wife,Elizabeth, sold to William Rylie for $150 the land where he lived containing 60 acres on the north fork of theHolston River.35Curiously his wife, Elizabeth, did not sign the deed. And, on August 28, 1834, Daniel Ryleyand William Ryley and his wife, Lydia, sold to James White for $1500 a 60 acre tract with a salt well on thesouth side of the north fork of the Holston River.36Unfortunately, no records have been found which furtheridentify Daniel's first wife, Elizabeth. Neither her age, her maiden name, nor the identity of her parents hasbeen found. She apparently died sometime after April 20. 1805, when she signed the above deed, andsometime prior to March 18, 1807,when he remarried.

The children of Daniel and Elizabeth Riley were:

i. Elizabeth, born circa 1785. She was married to Joseph Pendleton in Washington County onNovember 26, 1801, by Rev. N. Reagan.37That same year. Joseph Pendleton served as a privatein the 70th Regiment of Virginia Militia from Washington County.ss

ii. William, born circa 1790. He served as a private in the Washington County Militia in 1809 and1812.39William was enumerated in the 1830 Census of Washington County aged 30 to 40. with 1male aged 15 to 20. 2 females aged 10 to 15 and 1 female aged 30 to 40. But, no further record ofhim has been found in Washington County.

4. iii. Andrew, born circa 1794.

Apparently. Daniel left Washington County soon after the death of his first wife, Elizabeth. It seems likelythat he moved to Russell County. where he married Susanna Jackson on March 18. 1807, just two weeks

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before he deeded his lands in Washington County to his son and son-in-law.40 baniel appears in RussellCounty or. the 1810 personal property tax list with one oon, no slaves. end one horse.41 He returned toWashington County by 1820, where he was enumerated in the census with a wife, both over 45 years ofage. But. where were their children? Was the responsibility of rearing two young sons just too daunting atask for the 81 year old veteran? If so, he may have apprenticed his sons to a younger man in order forthem to learn a trade. Daniel and Susan may have been missed by the census taker or have resided inanother household in 1830. as they were not separately enumerated in the census that year.

The children of Daniel and Susannah Riley were:

5. i. Thomas J. born circa 1812 in Russell County.

6. ii. Jackson. born circa 1815 in Russell County.

Undoubtedly Daniel Riley was an extraordinary man! He was 37 years old when he enlisted in the VirginiaUne, yet served throughout the Revolution. The hardships of Valley Forge as well as the prison ship musthave been especially difficult for a man of his age. But. his age at enlistment indicates that he may have hadan entire family prior to the War. He was 46 years old when his eldest known daughter. Elizabeth, was born.51 when his son William was born. and 55 when his son Andrewwas born. After the death of his wife. hemarried again at the age of 68 years. Susannah was then 34 years old. Her age also hints at a previousmarriage. Daniel was 73 years old when his son Thomas was born and 76 years old when his son Jacksonwas born. He must have been a hardy soul to have lived such a full and prolific life. Yet. so far as is known,he had no grandchildren named for him.

Daniel Riley died at his home in Washington County on March 4, 1837, leaving a widow he called NancY.42He made his will as follows.sa

"I Daniel Riley do hereby make my last will and testament in manner and form followingthat is to say.

tst I desire that all my perishable property or so much thereof as is necesfsary be soldafter my decease and out of the proceeds thereof all my just debts and funeral expencesbe paid.

2ndly I give to my beloved wife Nancy Riley my mansion house and furniture and fortyacres of land on which my house stands during her life and at her decease to descend tomy Grand Daughter Nancy Pepin to be enjoyed by her heirs forever. I a/so give to my wifeNancy Riley one hundred dollars out of my pension money if there is that amount on handat my death.

And lastly I do hereby constitute and appoint my friend William Dunn executor of this mylast Will and Testament hereby revoking all other or former Wills or testaments by meheretofore made

one other clause in this will omitted where it ought to have been mamed I give to my sonThomas Riley what money may be remaining unpaid by him to me for one hundred acresof land I sold him over the river against where I live at five dollars per acre. In Witnesswhereof I have hereunto set my hand and affixed my seal this 22nd day of February 1835.'

Daniel Riley(by his mark)

At a court held for Washington County the 27 day of March 1837.

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The will is especially interesting in at least three regards. First, the widow Nancy sold to James White, onFebruary 22, 1835 for $20 the 40 acre tract on the north fork of the Holston River that was devised by willfrom her late husband.~4She sold the land where they lived on the same day that DanbJ made his will! Notonly did she sell her inheritance prior to Daniel's death, but she was devised only a life interest in theproperty. The house and land were to have been given to Nancy Pepin after the widow's death. Second.Daniel apparently sold a 100 acre tract to his son, Thomas. However, no record of that sale to Thomas norto any subsequent sale by Thomas has been found. Also interesting is the fact that no other documentswere filed with the County Court concerning the administration of the estate in spite of the fact that Daniel'sestate was credited with paying the property taxes on 146 acres through at least 1850. And third, who wasNancy Pepin and what became of her? In order to inherit real estate, she must have been an adult whenDaniel wrote his will. On October 19, 1849,William Pippen, Sarah Pippen, Joseph Pippen, Daniel A. Pippen,and Margaret Pippen all of Washington County, sold to Ota H. Ward for $20 the lands devised by DanielRiley to their mother Nancy Pippen also her interest in the lands she inherited from her father JosephPendleton.45 No further records have been found that shed any light on the identity of Nancy's husbandnor the death of her parents.

Susannah Riley was the sale heir of John Woods. who died in Russell County in 1847.46She received a baymare, 2 horses, 10 sheep, and all of his worldly possessions. Witnesses to the will were John Wallis, IsaacGriffin, and Richard Jackson. He was likely the same John Wood who purchased land from John Riley in1802. John Woods, aged 70 to 80, was enumerated in the 1840 Census of Russell County with one femalealso aged 70 to 80. Could Susannah have been living with John Woods in 1840?'He was likely somehowrelated to the Riley's, possibly Susannah's brother-in-law. It is frustrating that the extant records do notreveal more. Neither Susan nor her two sons have been found in the 1840 Census in Virginia. Nor hasSusan been found in the 1850 Census anywhere.

According to Russell County Death Records, Susan Riley died of pneumonia 011 October 10, 1853,aged 80yearS.47After her death, the Russell County Court certified that she was the widow of Daniel Riley..18Thomas J. and Jackson Riley were the only heirs of Susannah Riley. And, the Court further certified thatSusan Riley died on October 7, 1853, that her maiden name was Jackson, and that Daniel had died onMarch 5, 1837.49Thomas J. Riley produced the family bible in Court and filed the following declaration inorder to obtain the pension benefits in right of his mother.50

" Thomas J. Rylie heir at law of Susan, widow of Daniel Rylie decd, a pensioner of theUnited States, do upon oath testify & declare that my father, Daniel Rylie, was a pensionerof the United States at the rate, as I am informed, of Eighty dollars a year. that he died inthe County of Washington, as well as I can remember in March 1838. that his widow (mymother) died the 7th of October 1853 in the County of Russell, she having survived herhusband, Daniel Rylie. that said Susan never claimed or received pension in right of hersaid husband. that the said Daniel & Susan were married in Russell County on the 18thday of March 1807. that Thomas J. Rylie claims pension in right of his mother, Susan,under the Act of Congress passed in 1836. that the said claim for pension has not beentransfered in any manner whatsoever.•

ThosJ Rylie

The slight discrepancy in Susan's date of death can be explained only as an error of one of the court clerks,as her son Thomas, with family bible in hand, was the source of both records. The pension file alsoincludes a certified copy from the County Clerk's Office of the marriage license record of Daniel Riley toSusanna Jackson. However, on February 18, 1824, Beals Davis and Margaret his wife of Lee County,Susannah Wriley and Martha Duty of Russell County, all heirs of Isaac Roman, deceased, sold for $15 toRichard Roman the tract on the waters of Thompson's Creek in the upper part of the old tract of WilliamRoman deceased.51 Susannah was the daughter of William Roman (ca1755-1795) and his wife Margaret ofRussell County. If she were the widow of Daniel Riley, then her maiden name was Roman, not Jackson.

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Thus, Susannah Roman, born circa 1773, first married a Jackson, was widowed, and then married DanielRiley in 1807. The timing seems plausible. But her son, Thomas J. Riley, produced the family bible in courtand had recorded that Susannah's maiden name was Jackson. This fact was sworn to in open court byRichard Ferrell and William Horton, Sr., both of whom claimed to be well acquainted with the widow. Fromthe marriage record it is certain that at least she was a Jackson at the time she married Daniel Riley. But,could Thomas have simply not known or not remembered that his mother had been previously married?After all, nearly fifty years had passed. Could he have purposely concealed the fact in order not to cloud hisclaim for his mother's pension money? If her maiden name was Roman, then why did she name a sonJackson?

2. John Riley moved further down the Holston River and took up 200 acres of land in what was thenWashington County, Tennessee on March 30, 1778.52On November 10, 1784, the State of North Carolinagranted to John Riley 200 acres of land on Indian Creek, including the plantation formerly occupied byWilliam Ashurt.53 John Riley purchased a second grant from the State of North Carolina for 200 acres ofland on both sides of Indian Creek, a branch of the Holston River, on July 29. 1793.54In 1784, John paid 10pounds per 100 acres for his grant. Nine years later. he paid only 50 shillings per 100 acres. On Decemberla, 1794, John Riley sold one of his 200 acre tracts located on the waters of the Holston River on bothsides of Indian Creek for 50 pounds to John Hughes.55 Then. on March 4. 1800, John Riley sold hisremaining tract of 200 acres located on the south side of the Holston River on waters of Indian Creek toAndrew Riley for $1000.56There were at least two men named Andrew Riley. One was the son of Danieland one was the son of John. As a result of a suit against John Riley, the Sullivan County Sheriff FrancesGaines sold at public auction a 200 acre tract on Indian Creek with improvements to John Fagan for $21.57For such a small price. the sheriff's sale must surely not have included the 200 acre tract. In any event.Andrew sold a 200 acre tract on Indian Creek for $540 to William Scott on February 19, 1807.58AndrewRiley and James B. Riley, sons and heirs of John Riley deceased. sold to John Rhea on June 13, 1821 onbehalf of their sisters and other heirs the 209 acre tract in Carter County (formerly Sullivan County) on thesouth side of the Holston River on southeast branch of Indian Creek for $200.59The tract contained 209acres "pursuant to a patent grant issued to John Rhea by the State of North Carolina one undivided 1/3part conveyed to John Riley now deceased."

Soon after the Revolutionary War. on June 24. 1783.another John Riley received from the State of VirginiaBounty Land Warrant No. 1101 for 200 acres as partial payment for his military service.60 The land waslocated in Kentucky. Whether or not this John Riley may have been related is not known. At least severalmen named John Riley served Virginia during the Revolution. One of them served in Captain RobertVance's Company in the 13th Virginia Regiment. Five of the companies in the regiment served withMuhlenberg's brigade in the northern campaigns. while the remaining five were stationed at Fort Pitt andFort Randolph at Point Pleasant.61According to an affidavit filed by Captain Robert Vance. this John Rileyhad died by 1806.62More research is needed to property identify all of the men named John Riley.

3. Patrick may have simply found it too difficult to extract a living from his lands along Moccasin Creek or apang of wanderlust again may have struck his heart. In any event, he left Russell County circa 1800. For. onFebruary 23, 1801, Patrick and Catherine Riley of Montgomery County, Kentucky sold to James Tate ofRussell County for $250 the 120 acre tract lying on Mockeson Creek, undoubtedly the same tract that hehad obtained by warrant in 1786.63While Patrick signed the deed with his mark. his wife Catherine was notmentioned. Neither did she release her dower rights. Perhaps she had died by 1801 or perhaps she simplydid not accompany her husband on the long journey back to Russell County from their new home inKentucky. Even more interesting is the fact that the deed was witnessed by a William Riley, who signed withhis mark but did not prove the deed in court. On February 27, 1798. Patrick Ryley and his wife Catherine ofRussell County sold to Isaiah Sallyer for 40 pounds a certain 107 acre tract lying on both sides of Caper

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Creek.54 Both Patrick and Catherine signed their names to the deed. But it is interesting to note that thedeed was not witnessed. In addition, no record has been found of Patrick ever having obtained the tract onCopper Creek. Neither has any record been found of him disposing of the 42 acre tract surveyed in 1793.

At the November 1795 Term, William Riley, Patrick Riley, Stephen Miller, and George Miller appearedbefore the Russell County Court in order to be discharged from a recognizance bond for good behaviortowards William Dawson.55And, at the April 1797 Term of the Court, Patrick Riley, William Riley, Allen Riley,and James Riley appeared in order to be diSChargedfrom a recognizance bond for good behavior towardsWilliam Dawson. The exact nature of the dispute between the Riley men and William Dawson is not clearfrom the records. Evidently, the feud culminated in Dawson charging trespass against Patrick Riley, WilliamRiley, Allen Riley, Patrick Riley, Jr., Zachariah Salliers, and Joseph Piercefield which was heard at the June1798 Term 'of the Court.ss The defendants, except Zachariah Salliers, were found guilty and ordered to paydamages. Perhaps the litigation was one impetus for Patrick to leave Russell County.

From all of the foregoing, it is assumed that John. William. Allen. James. and Patrick. Jr. were all sons ofPatrick Riley, who appears on the extant tax lists of Russell County for the years 1787, 1788, 1789, 1790.1792, 1794. 1795. 1796. 1797, 1798. and 1799, but not thereafter.sr However, he is listed with oneadditional tithable. presumably a son, in 1790 and 1792. He is listed with two additional tithables in 1795and. again with one additional tithable in 1796. 1797. and 1798. John Riley appears on the tax listscontinuously each year from 1792 through 1800. inclusive. William Riley appears on the 1796, 1797, and1798 tax lists. Allen Riley appears on the 1797. 1798, 1799, 1800, and 1802. In 1810; Allen was taxed for onepoll and 14 horses (a not inconsiderable sum in those days), but with no slaves. It should be noted thatAllen also appears on the 1796 personal property tax list of Lee County.ea No others named Riley appearthere for any years between 1795 and 1803. And finally, James Riley appears on the 1799 and 1800 RussellCounty tax lists. The tax lists seem to corroborate the assumption that these men were all sons of PatrickRiley.

Patrick, Sr. next appears on the Clay County, Kentucky tax list of 1807, with sons James and Patrick, Jr.69Also that same year, Patrick. Sr. recorded a deed of gift to his son, Zachariah, for .....all his goods in hispresent dwelling house: two cows, three two-year old heifers, two yearlings and three calves, one horsebeast, two feather beds and furniture, one half dozen outer plates, one large puter dish and two barons,thirty head of hogs, two pots and one oven, and the present crop of corn as it now stands. "70 Contrary tothe implications of his punctuation, surely Patrick kept neither his livestock nor his corn crop in his dwellinghouse!

By the following year, Patrick, Sr. paid the property taxes for a 100 acre tract on the waters of the middlefork of the Kentucky River, but not thereafter. It is curious that no deeds concerning this property wererecorded. Patrick. Sr. was granted a 50 acre tract on the middle fork for which he began to pay taxes in1820. He also paid taxes on the property for 1821 and 1823, after which he no longer appears on the taxrolls. Beginning in 1824, Patrick, with no designation of Sr. or Jr., paid the taxes on both tracts as well as athird 25 acre tract on Longs Creek.

Apparently, Patrick, Sr. died intestate by 1824 and a dispute arose concerning the disposition of his estate.For. in 1828, Zachariah Riley sold a tract of land to John Turner for $200.71 The tract was located adjacentto Patrick. Jr. along the middle fork of the Kentucky River. Zachariah felt compelled to include in the deedhis pledge to defend the title against any claim by the heirs of Patrick, Sr. Unfortunately, the deed does notprovide any further details concerning the estate of Patrick, Sr. Either no dispute arose or Zachariahsuccessfully defended any adverse claims. as the new owner subsequently' sold the tract to AlexanderHarrald, a Justice of the Peace for Clay County.72 Even though he had presumably been paying the taxeson the land, Patrick, Jr. had no claims on the property as he witnessed the deed of sale.

Both Patrick, Sr. and his wife, Catherine, were listed as over 45 years old in the 1810 and 1820 Censuses ofClay County. Neither were enumerated there in 1830. The children of Patrick and Catherine Riley were:

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i. John, born circa 1770. A farmer with real estate valued at $4200, he was enumerated in the 16~aCensus of Hancock County, Tennessee. John, aged 80, was born in Virginia and his wife, Anna,aged 65, was born in North Carolina.

ii. Allen, born circa 1771. On July 11, 1800, Allen Riley bought from George Miller late of RussellCounty for $100 current money 80 acres on the west side of Molls Creek a branch of CopperCreek.73 His brother, John Riley, witnessed the deed. On February 1, 1808, Allen Riley purchasedfrom Nancy Mahan for 230 pounds current money of Virginia 130 acres lying on the south side ofBig Mockerson Creek a north branch of the north fork of the Holston River.74Allen added to hisland holdings in Russell County by purchasing, on February 6, 1810, tram John and Nancy Woodfor $500 the same 170 acre tract located on Big Mockerson Creek that had previously passed fromWalter Preston to Patrick Riley, then to John Riley, and thereafter to John Wood.75 On October 19,1826, Allen Riley of Scot! County and his wife Margaret for $133 current money sold to JonathanSalyer of Russell County 80 acres on the west side of Molls Creek previously purchased fromGeorge Miller in 1800.76 Allen signed his name, while his wife Margaret made her mark. Nowitnesses to the deed were recorded. And finally, on January 9. 1830, Allen Riley sold to BenjaminFugate 43 acres on the south side of Mockenson Creek for $400.77 Both Allen and his wife Peggysigned their names to the deed. But. no witnesses were recorded.

The land where Allen lived became part of Scott County in 1815, although a portion of the propertyremained in Russell County. He and his wife. Margaret, were enumerated in the 1820, 1830, and1840 Censuses of Scott County. In 1826.Allen Riley of Scott County conveyed to Andrew S. FuJlinof Washington County the 170 acre tract on Big Mocquison Creek that he had purchased fromJohn and Nancy Wood in 1810.78Allen owed $172.13 to Robert Dickenson and posted the tract assecurity for the debt. A laborer at the age of 79, Allen was living in Hancock County, Tennessee inthe home of Hiram V. Riley, aged 30, at the time of the 1850 Census. In 1851, Allen Riley ofHancock County, Tennessee sold for $3200 his 253 acre property on Big Mocasin Creek in Scottand Russell Counties adjacent to the land purchased from John WOOd.79

iii. William. born circa 1774.

iv. James, born circa 1778. He first appears in the Clay County, Kentucky tax lists in 1807 with noreal estate but 3 horses. He apparently dealt in hoses, paying taxes on 6 head in 1809, 7 head in1811, 8 head in 1814, and 9 head in 1815. James does not appear in the tax lists after 1820.

v. Patrick, Jr., born circa 1779. He purchased a 90 acre tract from John Smith for $200 in 1813.80Patrick. Jr. paid taxes on that tract from 1813 through the year 1830. By 1824, he obtained a landgrant for and began to pay taxes on a 25 acre tract on Long's Creek. Early in 1824,William Strong,Patrick Riley, Jr., James Pennington, and Edward Turner were appointed by the County Court tolayout a new road "from opposite the mouth of Canoe fork up the river and Long's Creek toPatrick Rileys mill.u81 In 1825 and 1828, Patrick paid taxes on 50 acres of land on Long's Creek.Late in 1828, he and Samuel Johnson sold 25 acres to James Johnston for $150.82The parcel waspart of a 50 acre survey on Long's Creek previously granted to the two men. James Johnstonobtained a license to marry Judy Riley on May 8, 1820 and. thus, was probably Patrick's son-in-law.83

In 1828, 1829, and 1830, Patrick paid property taxes on three tracts, all on the waters of the middlefork: the 95 acre tract purchased from John Smith, the 50 acre tract granted with SamuelJohnston, and a 10 acre tract that had been granted to him alone. Including the mill, his total landholdings amounted to some 155 acres. In late 1830. Patrick and his wife, Nancy, conveyed 160acres to Menitree Pennington for $500.84Earlier that same year, Patrick Riley joined his partners,Samuel and James Johnson, in selling their entire interest in the remaining 40 acre portion of the

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50 acre mill property to Thomas Johnson for $200.85Evidently, Patrick Riley left Clay County soonthereafter, as no further record of him has been found. .

vi. Zachariah, born circa 1780. He married Mary Gibson in Clay County on March 6, 1812, just oneyear after he first appears in the tax nsts.se He began to pay taxes on a grant of 50 acres on themiddle fork in 1823. After paying taxes on that land in 1824, no further record of him has beenfound.

The Second Generation

4. Andrew Riley (Daniel) appears on the rolls of the 70th Regiment of Virginia Militia from WashingtonCounty as a private in 1809 and 1815.87He next appears in the 1830 Census of Scott County aged 30 to40, with two sons under 5, a wife aged 20 to 30, one daughter 5 to 10, and two daughters under 5. He wasnot separately enumerated in the 1840 Census of Scott County. Andrew was enumerated in the 1850Census of Scott County, Virginia (Family No. 1344), aged 56. a farmer, born in Tennessee, with wife Roda48. born in Virginia. He was enumerated in the 1860 Census of Scott County (Family No. 1779), aged 50,with wife Rody, aged 50. both born in Virginia.

The children of Andrew and Rhoda Riley were:

i. Alexander, born circa 1827 in Virginia.

ii. John, born circa 1830 in Virginia.

iii. James, born circa 1832 in Virginia. James, aged 25. married Mary, aged 21. the daughter ofArchibald and Elinor Forgey, in Scott County on December 15. 1856.88

iv. Elizabeth, born circa 1834 in Virginia.

v, Rachel, born circa 1838 in Virginia.

vi. Sally, born circa 1842 in Virginia.

vii. Mary (or Polly). born circa 1849 in Virginia.

5. Thomas J. Riley (Daniel) married first Celia. the daughter of John and Elizabeth (Fletcher) Johnson ofNew Garden. John Johnson (1782-1864) was the son of William and Mary Johnson of Russell County.According to her tombstone, Elizabeth. the daughter of William and Mary Fletcher of Russell County, wasborn on June 14, 1788 and died on March 2, 1881. She was buried in the family cemetery next to the NewGarden Road, approximately one half mile west of Honaker. Celia was born on April 11. 1820 at NewGarden.89Based on the ages of their children, it is assumed that Thomas and Celia were married in RussellCounty circa 1844. Celia. aged 33 years. died of consumption at New Garden on June 15, 1853.90

In 1842, Daniel Bloomer, because he had become indebted to Thomas Riley for $198.80, filed a Deed ofTrust to James P. Carroll for a slave named Mahala and her increase.91 The deed provided that if the debtwas not paid before February 1, 1843, then the slave would be auctioned and the debt satisfied at 5percent interest. Either the debt was satisfied or renegotiated, as Bloomer again, in 1845, deeded his slaveMahala and her child Mariah and their increase, this time as security for a debt to Thomas Riley of$252.13.92While the terms of the Deeds of Trust were essentially identical. there is no indication whether

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any auctions actually took place. Undoubtedly, Thomas utilized the funds thus acquired to purchase realestate. It is also not clear from the records just how or why the debts were incurred. In 1847, James W.Wallis became indebted to Thomas Riley for $60 and filed a Deed of Trust to Charles L Creigh.93 Ratherthan posting a slave as security, We!lis deeded 2 horses, 4 cattle, 15 hogs, 3 beds and bedding. 2 rots, allhousehold and kitchen furniture, farming utensils. together with a grain on hand and in the field!

On April 24, 1845. Thomas purchased a 13 1/2 acre tract in New Garden for $125 from his in-laws, Johnand Elizabeth Johnson.94 According to the county tax records. the tract was located 10 miles northeast ofthe court house. In 1847, the Russell County Court appointed Thomas J. Riley to serve as a constable for a .term of two years. Thus, Thomas filed a bond in the amount of $7000 to ensure that he would properlydischarge his duties.95 He was again appointed constable in 1849 for a two year term and thus refiled hisbond.96 Evidently successful at farming and as a constable. he paid $364 to Benjamin H. Warder. GeorgeA. Warder. and George V. Bacon on August 31. 1853 for six tracts of land in New Garden: 24 acres on StillHouse Branch. 3/4 acres surveyed for the purpose of straightening the line of his old tract. 300 acres alongCove Branch and Clinch River. and two tracts adjoining the old tract purchased from John Wallis. one of 38acres and one of 39 acres, along Thompson's Creek.97Unfortunately. no record of the original purchase ofthe old tract has been found.

In 1854. Thomas sold the 189 acre tract lying on the north side of the Clinch River. which had been part ofthe 300 acre tract recently purchased from William B. Aston. attorney for B. H. Warder et al, to LorenzoDow Fletcher for $200.98And in 1855. Thomas sold to David Cowan for $450 86 acres also on the northside of the river.99 Having disposed of his holdings on the north side of the Clinch River, Thomas hadamassed sufficient capital to expand his property in New Garden. In 1859. he purchased an additional 52acres from John Wallis. Jr. for $400.100

Probably a local custom of the time. many land transactions were never recorded officially. For example. in1862.Thomas sold 93 acres on the north side of the Clinch River to Andrew Ball for 129.50.101However. nodeed had been recorded of the sale to Thomas and the previous owners had to make a deed directly toAndrew Ball. In 1877. because Ball had not fulfilled his obligations. Thomas sold the tract "where Andy Ballnow lives. leased so long for possession and title" to Sparrell Blankenship in exchange for an 83 acre tractin Town Hollow in Tazewell County and $290 ($175 in cash and 1 mule for $75 and 2 cows for 540).102Bythe terms of the deed, Thomas sold his entire interest in the property, but refused to evict Ball.

In exchange for a mule valued at $100. Thomas Riley and his wife Mary and Benjamin A. Shoemaker andhis wife Sallie sold a 68 acre tract on Jack Place on the Clinch River to Washington Barton. 103 The parcelhad been assigned to Benjamin Shoemaker in the partition of the lands of his father. Leonard Shoemaker,deceased, but the legal title had been vested in Thomas J. Riley. By this time. Thomas had amassedapproximately 361 acres of land in New Garden. for which he had paid an average of less than 75 cents peracre. In 1872, Thomas and Mary deeded three tracts of land for "the natural love and affection they hold" totheir son Charles B. Riley.l04 The three tracts were located in New Garden on Thompson's Creek asfollows: the 38 acres and 39 acres purchased from agent William B. Aston in 1853 and the 52 acrespurchased from John Wallis. Jr. in 1859. Previously, Thomas had sold to John Wallis the balance of thetract on the north side of the Clinch River purchased from Aston. but no deed had been recorded. JohnWallis in turn had sold off pieces of the tract to L D. Fletcher, Leonard Shoemaker. and the remainder toJohn T. Howard. Thus. on February 23. 1872.Thomas and his wife Mary made a deed to John T. Howardfor the remainder of the tract that he had purchased from Wallis.loS The Reconstruction Period was adifficult one for many in Russell County, with the local economy in shambles. As a result, Thomas becameindebted to J. F. Mcilhenny and William B. Aston for $714.52. Thus in 1874, he deeded all of his real estateto S. W. Aston to act as trustee and hold the title to his property for six months as collateral for the debt. 106

In 1881, in order to secure a $264.74 debt to the estate of H. D. Aston. Thomas J. Riley put up 121 acres ofland in New Garden consisting of one tract purchased from John Wallis and two tracts from theWarders.107The debt was settled satisfactorily as the County Clerk recorded the following notation in the

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margin of the official deed book: "This Deed of Trust is hereby released. P. L. Johnson having paid thesame in full on July 2, 1886.· .

The children of Thomas and Celia Riley were:

7. i. Hugh Lafayette. born at New Garden on January 22. 1845.108

ii. Charles B.• born at New Garden circa 1847.Aged 33 years. he died of heart disease on February2. 1879 in the Eastern District of Russell County.109Either the death record is in error or there wasanother Charles Riley because he died sometime after he witnessed the will of his brother-in-lawWilliam A. Kilgore on October 31, 1881and before the date of his father's will. December 30, 1884.

iii. Louisa J., born at New Garden circa 1849. Louisa, aged 22. married A. Taylor Hughes. the sonof Edward Hughes. on November 24, 1879.110A. T. Hughes, of Topeka. Kansas, sold 54 1/4 acresin New Garden for $650 to James B. Retcher.111

iv. George F.. born at New Garden circa 1850. He was enumerated in the 1850 Census aged 2months. But. because he was not listed in the 1860 Census, it is assumed that he died young,intestate, unmarried. and without issue.

v. Octavia E., born at New Garden circa 1852. Octavia married first William A. Kilgore, in SullivanCounty, Tennessee on May 1S, 1869.112Caught up in the war spirit, which spread like wildfirethroughout the South after the bombardment of Fort Sumpter, William A. Kilgore aged 21 enlistedon May 3, 1861 as a private in Captain Simeon Hunt's Company of Ught Infantry, known as theNew Garden Fearnots.113At Abingdon, the Company was mustered into Confederate Service asCompany I, 37th Infantry Regiment. At the Battle of Kernstown on March 3. 1862, William wasseverely wounded and left for dead on the field of battle.114Fortunately, he recovered and enlistedin Scott County as a private in Company E, 22nd Virginia Cavalry on August 4, 1862.115After ashort campaign in Tennessee. he was listed as away without leave on the muster roll datedOctober 31, 1862. Apparently, William rejoined the 37th Infantry Regiment soon thereafter, as hewas captured at the Battle of Mine Run on November 13, 1863 and spent the remainder of the warin northern prisons.

On December 6. 1875, Hugh L. Riley. Charles B. Riley. and Louisa Riley sold their interest in the 11acre tract. which had been laid off for the children of their mother, Celia Riley, from the lands of herfather John Johnson. to William A. Kilgore and his wife Octava for $225.116William A. Kilgore diedin 1881 at New Garden. His will was made on October 31. 1881 and provided for the support of hiswidow,Octava.117

She married second James B. Johnson on February 25, 1884.118On September 11, 1886. JamesB. Johnson and Octavia E. his wife sold to Ulburn Finney, all of Russell County, for $81.25 their onequarter interest in a certain tract adjoining Finney's land and known as the Kilgore land containing133/4 acres.its On April 12, 1892. James B. Johnson conveyed to his wife. Octava E. Johnson,for $500 paid by P. L Johnson for land bought from Octava Johnson inherited by her mother andgrandfather's estate.120The tract consisted of 2 1/2 acres with buildings and the deed included 2horses. 7 cattle. 2 hogs. and one lot of sawn timber. On May 24. 1904 James B. Johnson and wifeOctava sold to B. O. Caldwell for $1000 their interest in the tracts known as the Thomas J. Rileyland and upon which they Iive.121And on June 23. 1904, James and Octava sold to 8. O. Caldwellfor $500 the 2 1/2 acre tract on the New Garden Road adjacent to the Riley land.122

Thomas J. Riley and his second wife. Mary Jane Munsey, were married by William Gilmer in Russell Countyon June 12, 1856.123Mary Jane, born circa 1829. was the daughter of Isaac and Patsy Munsey of RussellCounty. Thomas Riley may not have been on the best of terms with his father-in-law. In his will dated

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November 27, 1867, Isaac Munsey directed that money be paid to his daughter Mary "for use of her andher children free from the control of her husband Thomas J. Ailey." No record of her death has been found.

The children of Thomas and Mary Riley were:

vi. daughter, born at New Garden and died of croup on March 9, 1857,.aged one month.124

vii. Patsey M., born at New Garden circa 1859. Patsy, aged 19, died of fever in the Eastern Districtof Russell County on April 13, 1877.125 She was the wife of B. J. Wysor, but no record of theirmarriage has been found.

And for the third time, Thomas married 8iza A, aged 43, the daughter of Andrew and Barbara Fraley ofNew Garden, on November 5, 1877.126 Andrew Fraley lived on a farm next to the church known as Fraley'sChapel. In his will dated October 1, 1879. Andrew named his daughter Eliza Riley. 127Thomas and Eliza hadno children. According to her tombstone, Eliza was born on September 24, 1833 and died on March 5,1918.128 She was buried at the Bradley-Fraley family cemetery in Washington County. On April 29, 1885,Thomas and Eliza sold the 128 3/4 acre tract in New Garden. south of Thompson Creek known as theWallis Place and adjoining the land of the Kilgore heirs .. The tract was sold to Joseph T. Snodgrass for$1287.50.129 After her husband's death. Eliza continued to live on the old home place. But, on June 23.1904, she sold her interest in her husband's land for $300 to B. O. Caldwell.130 Aged 74 years. Thomas J.Riley died at New Garden in the Eastern District of Russell County on July 9, 1885.131 He left the followingwill. 132

't Thomas J. Riley a farmer of Russell County Virginia being old and knowing theuncertainty of life and being sound in mind and of disposing memory do make andpublish this my last will and testament revokinq and making voyd all former wills made byme at any time heretofore.

tst f desire that after my death that I be buried in a decent manner as is common to theCounty in which I live and my funeral expences be paid and as to my fands and property Igive as followeth.

2nd I give to my wife Eliza during her lifetime or widowhood the old mansion house whereI now live and that portion of my land that lies South of New Garden Road down to the linelance had run for my son Charles Riley. I also give my said wife all the household andkitchen furniture that she brought to my house or so much of it as is there at my death. thebalance of the household and kitchen furniture shall be equally divided between my saidwife one third my daughter Louisa one third and my daughter Octavia one third. I alsogive my said wife Eliza one horse best of her choice out of what I have at that time andtwo milch cows of her choice.

3rd I give to my daughter Louisa during her lifetime the same land that I had run off for myson Charles Riley de cd to be held and used by my said Daughter Louisa to live on for lifeand at her death then to my son Hugh Riley in fee forever. further memory said daughterLouisa has no children and probably will not have any children but if she does herchildren may keep the land.

4th I give to my daughter Octavia E. during her lifetime my land that li?s North of the NewGarden Road down to the line that I run off Charles Riley which is now given to mydaughter Louisa. this said land North of the New Garden Road I give to the said daughterOctavia during her life and at her death the said land is to go in fee simple to my sonHugh Riley of Texas forever. Provided if my said daughter Octavia should have a child or

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children living and live to mature age. her said child or children may hold the land in feesimple. but if no children must go to Hugh Riley.

5th I give to my son Hugh Riley in fee all of the same land that I left to my wife her lifetime.and also the land left to Louisa and Octavy during their lifetimes subject to thoseprovisions as set out in the third & fourth Article of this my will and I also give to HughRiley any surplus that may remain on the Wallis land after my debts is paid as is hereafterprovided for the sale of the Wallis land.

6th I direct that my farm Known as the Wallis farm be sold either private or public as mayseem best and out of the proceeds of said sale pay all my just debts and any surplus onthe sale of the land after first paying my debts shall go to Hugh Riley. any personalproperty that I may have shall be divided equally to Hugh Ailey Louisa Hughes and OctavyJohnson.

7th My whole landed estate shall be equally bound for the reasonable care and support ofmy brother Jackson Ailey during his lifetime. in witness of this my last will I set my handand seal the 30th day of December 1884.·

Thomas J. Riley

The following codicil to the will was recorded

'In view of the fact that my Brother Jackson Riley is not of sound mind and fearing that hemight persuaded or hired to leave my place I do hereby appoint my Daughters Louisa &Octavia with their husbands to wit Taylor Hughes and James Johnson to take charge ofhim & support him during his lifetime allowing him to choose which one of them he willlive with and the other one shall contribute their equal part for his support off of the lands Ihave willed to them. But should my Brother Jackson choose to live with my wife Eliza thenmy Daughters Louisa and Octavia shall contribute equally to her for his support off of theirlands. Should my Brother Jackson leave my place and retuse to stay thereon He shall notbe entitled to any support from my heirs or off of my lands so long as he remains absenttherefrom. I also wish the division which I have heretofore willed between my daughterLouisa and Octavia be changed so as to run with the New Garden road to within 20 feet ofthe Barn which was built by my son Charles Riley decd then leaving said road & runningabout North West to the forks of the branch and thence with the branch to John H. meadsline. Also I wish my wife Eliza Riley to have one half of my barn Lot with the buildingsthereon running straight through from the road. I also will that the lands I have given to mydaughters Louisa and Octavia shall not be rented or mortgaged to anyone but they shalluse it themselves during their lifetimes. In witness whereof I this day set my hand & sealthis the 23rd day of May 1885."

Thomas J. Ailey

The following appraisement of the personal property belonging to the estate was filed by Mont. C. Clark, J.A. Meade, and J. T. Howard, Jr.133 Because he owned the tools of the trade, it is assumed that Thomaswas skilled both as a shoemaker and as a blacksmith, in addition to being a farmer. Having amassed apersonal estate appraised at $620.50, Thomas was a rather successful farmer for the time. P. L Johnson,who administered the estate, held a public sale on September 19, 1885.134 Buyers at the sale included A. T.Hughes, J. H. Meade, A. G. White, Sol Riley, Wm. F. Ward, Alt White, General Sykes, James Johnson,Martin Honaker, Nimrod Ray, Eliza Riley, E. F. Thompson, Thomas Johnson, Ascue Hurt, and JacobThompson. As administrator, P. L Johnson settled the debts both owed by and to the estate as well assold the real estate. 135The final distribution of the estate to the surviving heirs was made on January 8,

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