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John ELY

Male 1755 - Bef 1839  (< 84 years)


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  • Name John ELY 
    Born 1755  Stafford County, VA Find all individuals with events at this location 
    Gender Male 
    Will 12 May 1832  Lee County, VA Find all individuals with events at this location 
    Died Bef 18 Feb 1839  Lee County, VA Find all individuals with events at this location 
    Probate 18 Feb 1839  Lee County, VA Find all individuals with events at this location 
    Buried Orr Family Cemetery, Lee County, VA Find all individuals with events at this location 
    Notes 

    • (1) Some sources claim that John ELY was the same person as John HALE, who was born between 1753 and 1754 in Bedford County, VA, died about 1842 in Bledsoe County, VA, and is described elsewhere in this database. The compiler has found no proof of that claim.

      (2) Bales, Hattie Byrd Muncy, Early Settlers of Lee County, Virginia and Adjacent Counties, Vol. 2, Greensboro, NC: Media Inc., 1977, pp. 439-440, 441-442:

      John Ely (son of Thomas and Jane) was born 1755 in Stafford County, Virginia, died 1839, in February, in Lee County, Virginia. The probate date of his will confirms the year of his death, also other documentary evidence.

      John Ely was a soldier in the Revolution, served in the 5th, 11th, and 15th Virginia Regiments, Continental Line. (Eckenrode's Roster of Rev. Soldiers, page 99, and Gwathmey's List, page 252) His home was in Bedford County, Virginia during the war, and immediately after the close or before, John Ely moved to Montgomery County where he purchased land, married and established a home and remained for several years. John Ely married about 1783, Barbara Jane Fry, daughter of George Fry Senior and his . . . wife, name unknown. The 1840 U.S. Census: Barbary Ely, over 80 and under 90. This gives the approximate date of her birth. Barbara Ely died on Sugar Run in Lee County in 1849. The following document confirms the year, and most likely the month:

      ["]At a Court begun and held for Lee County at the Courthouse, thereof, on Monday the 16th day of April 1849.

      ["]On the motion of John T. Ely and George F. Ely who made oath as administrators and together with Archelous H. Fulkerson and Loring K. Tyler, their securities, entered into and acknowledged a bond in the penalty of $3000, conditioned as the law directs, certificate is granted the said John T. Ely and George F. Ely for obtaining letters of administration on the estate of Barbary Ely, deceased, in due form.

      ["]Ordered that Charles Dougherty, Elias Harbour and Benjamin Dickenson being first sworn before a justice of the peace, do truly and justly appraise in current money the personal estate of Barbary Ely, deceased, and return the appraisement under their hands to the Court. (OBK 6, p. 176)["]

      John and Barbara Ely are buried in unmarked graves on the original John Ely land on Sugar Run in Lee County, Virginia. The graveyard lies East of the home of Miss Lily Orr, now deceased, a descendant of John and Barbary Ely. Other descendants are now residents of the home. David Orr who married Rhoda Ely, daughter of John and Barbary, came into possession of the John Ely Estate by inheritance and purchase, and the place is known as the Orr home and the Orr Cemetery.

      While still living in Montgomery County, Virginia, John Ely was appointed surveyor of the road from Thomas Farley's through Narrows on New River to Brown's Ferry on Tom's Creek in 1795.

      John Ely was in Lee County, Virginia in the year 1796 as evidenced by the following deed:

      ["]September 10, 1796 John Ely of Lee County and State of Virginia sold eighty acres of land in Montgomery County, lying on the Bear Spring the waters of the New River . . . Beginning at John Alsup's corner . . . to Ralph Bogle of the County of Montgomery and State of Virginia for fifty pounds. . .

      ["]John X Elley [his mark]

      ["]Witnesses:
      John Stafford
      Edward Stafford
      Adam Johnson

      ["]At a Court held for Montgomery County April 1797 . . . proven by the oaths of the witnesses. . . .

      ["]A copy Teste
      Charles Taylor CMC

      ["](DBK C 26)["]

      Presumably John Ely returned to Montgomery County in the spring of 1797 where he made preparations for the move to Lee County with the family. John Ely appears again in Lee County where on June 2, 1798 he purchased 693 acres of land lying Powell Valley on Sugar Run from Edmund Smith of Gerrard County and State of Kentucky, obtained by grant, August 10, 1789, for 150 pounds. Witnesses: Samuel Ewing, John W. Crunk, Charles Carter (DBK 1-94) . John Ely was the first of the Ely family to appear in the records, and the assumption is that he first came to Lee County on an exploratory trip to ascertain the facts before making the final move with his family. Lee County was still a frontier.

      ["]On February 4, 1799 John Ely of Lee County sold land to William Byers of Lee County for $200, in Powell Valley it being part of a grant issued from the Commonwealth of Virginia in the name of Edmund Smith and by him conveyed to John Ely, containing by estimation 120 acres, corner of David Noe. . . .

      ["]/s/ John Ely (Seal)
      ["]/s/ Barbara Ely (Seal)

      ["](DBK 1-152)]"

      ["]William Byers and Susanna his wife sold the above tract of land on December 25, 1804 to David Noe for $500 (DBK 2.199).["]

      After the sale of this land William Byars and his wife left Lee County. Susanna Byers was a daughter of George Fry Sr. and a sister of Barbara and Catherine (Fry) Ely, wives of John and Isaac Ely.

      John and Barbara Ely had ten children: . . .

      [i] Thomas Ely, b. about 1784 in Montgomery County, Virginia. . . .

      [ii] Mary Ely, b. about 1786. . . .

      [iii] Nancy Ely, b. about 1788. . . .

      [iv] John T. Ely, b. about 1790. . . .

      [v] George Fry Ely, b. about 1792. . . .

      [vi] Barbara Ely, b. about 1793-4. . . .

      [vii] Susannah Ely, b. about 1796. . . .

      [viii] Elizabeth Ely, b. Sept. 18, 1798 in Lee County, Va.; m. Nov. 25, 1817, Henry Hyden Woodward, b. April 22, 1798; d. Sept. 22, 1848, son of James and Jennie (Jane) (Hyden) Woodward. . . .

      [ix] David Ely, b. about 1800. . . .

      [x] Rhoda Ely, b. Nov. 18, 1802; d. Sept. 29, 1858.

      * * *

      John Ely left the following will recorded in Will Book No. 2, Page 79:

      I, John Ely of Sugar Run in the County of Lee and State of Virginia being of sound mind and body, do make, ordain, and declare this to be my last will and testament hereby revoking all former wills to wit:

      1st. To my wife Barbara I will and bequeath the one fourth part of all my estate both real and personal, for and during her natural life, and at her death do order and direct that the same shall be divided in manner and form as herein after mentioned.

      2nd. To my son Thomas I give and bequeath the sum of Ten dollars as his full and entire portion of all my estate both real personal and mixed to be paid by my executors herein after named in six months after my decease.

      3rd. To my daughter Nancy Nappier the wife of Robert Nappier I also give and bequeath the like sum of ten dollars as her full and entire portion of all my estate, both personal and mixed to be paid by my executors herein after named in six months alter my decease.

      4th. To the children of my daughter Polly Russell I leave and bequeath the one tenth part of all the balance of my estate, both real and personal to be equally divided among them, and to be paid to them in six months after they respectively arrive at legal age.

      6th. [sic] To my daughter Susanna Warren, I give and bequeath one other tenth part of all my estate both real and personal to be paid to her in six months after my deacease.

      8th. [sic] To my son George F. Ely, I also give and bequeath one other tenth part of all my estate both real and personal to be paid to him in six months after my decease.

      9th. To my daughter Betsey Woodard the wife of Henry Woodard I also leave and bequeath one other tenth part of all my estate both real and personal to be paid to her in six months after my decease.

      10th. To my daughter Rhoda Orr, the wife of David Orr, I give and bequeath the like one tenth part of all my estate both real and personal, to be paid to her in six months aftcr my decease.

      11th. To my son David Ely I give and bequeath the like one tenth part of all my estate both real and personal, to be paid to him in six months after my decease.

      12th. At the death of my wife Barbara it is my will and request that such portion of my estate as is herein before bequeathed to her be equally divided among my children to wit Susanna, Rhoda, Betsey, John, George and David and the children of my daughters Barbara and Polly.

      13th. Should I survive my wife it is then my will and intention the whole of my estate be divided as herein before mentioned - to wit; to my son Thomas ten dollars, to my daughter Nancy Nappier the like sum of ten dollars, to my daughters Susannah, Rhoda and Betsey and my sons John, George and David the one tenth part of the balance of my estate both real and personal and to the children of my daughter Barbara one other tenth part of such balance of my estate to he equally divided among them and to the children of my Daughter Polly alike one tenth part of all the balance of my estate to be equally divided among them.

      I do hereby constitute my sons John and George the executors of this my last will and testament given under my hand and seal this twelfth day of May in the year of our Lord 1832.

      John X Ely Snr. [his mark] (Seal)

      Signed sealed and acknowledged in the presence of
      Wm. Heiskell
      John Overton

      At a Court held for Lee County the 18th day of February 1839. (OBK 4-384)

      The last will and testament of John Ely deceased was proven by the oath of John Overton, one of the witnesses thereto and continued for further proof. And it appearing to the Court, that William Heiskell the other witness attesting the same resides in the State of Tennessee. On the motion of John Ely and George Ely the Executors therein named, a commission is awarded, to be directed to William B.A. Ramsey, Mayor of the Town of Knoxville in the State of Tennessee, authorizing him to take and certify the attestation of said witness.

      J.W.S.Morrison, clerk of Lee County, on February 19th sent a commission from the County Court of Lee County, with the will annexed, to the Mayor of the town of Knoxville, William B.A. Ramsey, to obtain an affidavit to prove the validity of the will.

      State of Tenn.
      Knox County

      I William B.A. Ramsey, Mayor of the town of Knoxville in the County and State aforesaid, do hereby certify that William Heiskell who is subscribing witness to the last will and testament of John Ely deceased, and hereto with a commission from the County Court of Lee County in the State of Virginia annexed, this day personally appeared before me at my office in the said town of Knoxville, and made oath the testator (John Ely) signed and published the writing annexed to said Commission as his last will and testament; that the said testator was of disposing mind and memory and that he the said William Heiskell subscribed his name thereto as a witness in the presence of the said testator and at the testators request. Given under my hand and private seal having no public seal at my office in Knoxville this 21st day of February 1839.

      W.B.A. Ramsey
      Mayor of Knoxville

      At a Court held for Lee County the 19th day of March 1839 (OBK 4- 387) .

      The writing, purporting the will of John Ely, late of this County deceased, was returned into Court, together with the commission thereto annexed for taking attestation of William Heiskell one of the witnesses thereto, and the certificate under the hand and seal of William B.A. Ramsey, Mayor of the Town of Knoxville, of the execution of the said Certificate and thereupon the said Certificate being seen and inspected by the Court, the said writing having been proven at the last term of this court by the oath of John Overton the other witness thereto, it is ordered that the said writing be recorded as the true last will and Testament of the said John Ely deceased. An on the motion of John T. Ely and George F. Ely the executors therein named, who made oath thereto, and together with Cornelius Fitts, Nathan Hobbs, David Orr, Charles Daugherty, and Elijah Bishop their securities, entered into and acknowledged their bond in the penalty of Twenty thousand dollars, conditioned as the law directs, certificate is granted them for obtaining a probate of said will in due form.

      Ordered that John Hamblen, Charles Daugherty, William Ewing, Arthur Blankenship, and John Fulkerson or any three of them being first sworn before a justice of the peace, do truly and justly appraise in currant money, the personal estate of John Ely, deceased, and return the appraisement under their hands to the court.

      (3) www.findagrave.com:

      John Ely
      Birth: 1755, Stafford County, Virginia, USA
      Death: Feb., 1839, Lee County, Virginia, USA

      Family links: Spouse: Barbara Jane Fry Ely (1755 - ____)

      Burial: Orr Family Cemetery, Lee County, Virginia, USA

      Created by: Joshua Dykes
      Record added: Feb 14, 2009
      Find A Grave Memorial# 33837927
    Person ID I32758  Frost, Gilchrist and Related Families
    Last Modified 23 Oct 2020 

    Father Thomas ELY,   b. Abt 1725, England Find all individuals with events at this location,   d. Bef 27 Mar 1780, Bedford County, VA Find all individuals with events at this location  (Age ~ 55 years) 
    Relationship natural 
    Mother Jane SMITH,   b. Abt 1730, Dublin, Ireland Find all individuals with events at this location,   d. Aft 1 Oct 1796, Lee County, VA Find all individuals with events at this location  (Age ~ 66 years) 
    Relationship natural 
    Married Abt 1750 
    Family ID F14225  Group Sheet  |  Family Chart

    Family Barbara Jane FRY,   b. 1755, Montgomery County, VA Find all individuals with events at this location,   d. Bef 16 Apr 1849, Lee County, VA Find all individuals with events at this location  (Age < 94 years) 
    Last Modified 23 Oct 2020 
    Family ID F14224  Group Sheet  |  Family Chart