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 Expresses opinions about the possibility of his mother moving to Tennessee. Makes inquiry concerning whereabouts of his brother, Randolph, in Indiana.

  • » Date: 1841-08-22
  • » Subject: Expresses opinions about the possibility of his mother moving to Tennessee. Makes inquiry concerning whereabouts of his brother, Randolph, in Indiana.
  • » Written By: Calvin M. Rutherford
  • » Addressed To: Major James Turk Gleaves Sr
  • » Transcriber: Pen Bogert
  • » File # 409

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KY 23 (postmark)

25

Via Cumberland Gap

Majr. James T. Gleaves
Buffalo Ford
Wythe Cty.
Va.

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Louisville KY August 22d 1841
Majr. James T. Gleaves – Dr Sir –

I presume you have been expecting me there for some time and beliving that I should go on every weak (week) I have not written for some time I have written to brother William respecting my mothers moving to Tennessee it would meet with my entire approbation for her to do so as it would be impossible for me to live there particularly on the right of her dower in the plantation I should have bought the place myself if I had have known in time the sale would take place when it did but as it is now Situated I think it would be best for her to move and live in the Vicinity of my Sisters she would be better Satisfied and beliving that you would be willing to give her a liberal price for the relinquishment of her Dower particularly as you bought the place at one half its value I think that four hundred Dollars would be about right for you to give her I presume she would be willing to take that sum at any rate it would be my advice for her to do so if it would meet with your views I belive it would be better for both parties

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you can make such proposals as you may think proper and submit the same to her and state to her at the same time my Views of the matter if you and her Should agree you will please aid her in disposing of such things as she may wish to dispose of if you Should not agree upon that point I shall dvise (advise) her to rent the Same or sell it to Some other person but I hope the foreging (foregoing) Views of mine may meet with your decided wish and hers also I do not know what time I shall be on there probably not this Season if my business there can be Settled without me I wish you to ascertain what County in Indiana brother Randolph resides and write to me as I have not had any information from him and also write me whether or not any of the family is there from Tennessee or whether you expect any of them I wish a prompt answer to this direct to this place

Yours Respectfully
C. M. Rutherford

Transcriber Notes

Virginia law provided for an allotment of land, known as dower right, to a widow. This dower right usually included the homestead, surrounded by sufficient acreage to maintain a small farm. Rutherford gives the distinct impression in his letters that he was not eager to travel back to Wythe County, always making excuses as to why this was not possible.


Editor’s note:
Mary B. Kegley in her book “Early Adventurers on the Western Waters”, Volume III, Part 2, page 500 states:
“When the Rutherford place was put up for sale, it was sold to the highest bidder for $805 on credit of three years.  The acreage was composed of three tracts, and James T. Gleaves purchased them.  Because he was acting as executor of the will and was the highest bidder at the sale, the Superior Court of Chancery had to hear the case and select a commissioner to convey the title  to the land.  Because all of the heirs were living out of state and had made no arrangements to make a title or receive their share of the money from the sale, this too had to be settled by the court.  William Orr was located in Polk County, Tennessee, in 1840, and Philip Fry was in McMinn County, Tennessee, at the same date.  Delila, the wife of John Austin, was living in Bentonville, Tennessee, in 1844.  The widow Polly or Mary Rutherford, remained on the land at least twelve months after the death of her husband and a dower was laid off for her containing 64 acres.  In 1842, she conveyed the dower to James T. Gleaves and apparently moved out of state, probably to Tennessee, as suggested in the suit of James T. Gleaves against Polly Rutherford.  Gleaves wanted an injunction against her as she had planned to take the slaves with her to Tennessee.  In 1846, John P. Mathews, Commissioner, appointed by the Court, made a title to Gleaves for all of the land totaling 335 ½ acres by a recent survey.  Mathews was also to have charge of the money collected for the children, who had not applied for their shares (Wythe County Deed Book 16, pg 48; Book 17, p 224; James T. Gleaves, vs. Rutherfords, Box 96, 1847, and James T. Gleaves vs. Polly Rutherford, Box 101, 1850, Wythe County Circuit Court Clerk’s Office, Basement).

“The lawsuit noted that Nancy Orr was the widow of James Orr; Jane was the wife of Philip Fry, William Orr was the husband of Polly Rutherford; Elizabeth Shipley was the widow of Christian or Christopher Shipley, deceased, and Delila was the wife of John Austin.  Calvin left Wythe County in 1835 and lived in Vicksburg, Mississippi form 1835 until 1839. Randolph (Randal), Jr was living in Shelby County, Indiana (Shepherd Brown vs. Calvin M. Rutherford, Box 71, 1839, and Gleaves vs. Rutherford heirs, Box 96, 1847, Wythe County Circuit Court Clerk’s Office Basement)”

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