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Family of Willis Burt and
1) Rebecca Womack
2) Elizabeth Rogers

Willis Burt, son of Joseph Burt and Polly Holt was born 13 Feb 1798 [1] in North Carolina, presumably in Cumberland County. Willis Burt was married before 1817 to Rebecca Womack [7,6] . Rebecca Womack was born 8 Feb 1798 [1] in North Carolina. By 1830, Willis Burt had moved to Franklin County, Tennessee, where he is listed in the census of that year living next to his brother Frederick Burt [2] :
Burt, Willis: 1 m < 5, 2 m 5-10, 1 m 10-15, 1 m 30-40, 1 f < 5, 1 f 10-15, 1 f 30-40

He was involved in several deeds, law suits, and a number of other documents in that county:

Bedford County Deed Book JJ pg.366 [3]
Willis Burt of Franklin Co., TN to James Young of Bedford Co, TN, one negro woman named Suckey aged forty years, one negro Girl named Judah about two years old and one negro Girl about three months old named Harriett, Slaves for life, for $750. May the 27th 1839.
Willis Burt (Seal)
Wit: Benjm. Kimbro, Isaac B. Holt. Reg. 27 June 1840. Robt. Hurst Clerk
Franklin County Deed Book S, p55 [4]
27 Jul 1841 - DC;
Willis Burt to Wm. Hopkins, both of Franklin Co., TN - for $350, 100 acres land in Franklin Co., TN, where Madison Sargent now lives, N. boundary line between Burt and Matthew Barts.
Willis Burt (Seal)
Wit: Thomas Hopkins, Maderson (his X mark) Sargent, Reg. 15 Nov 1841 Isaac Estill Clk
7 Mar 1845, Franklin Co., TN [5]
John Byrom prosecutor & witness... W. L. Curl, Jacob Holt, Willis Burt Wit. for the State ...ack. themselves indebted to the State of TN for $250, ...void if they appear next term of the circuit Court ...and give evidence against William Shaves on a charge of Steling of one Shepe and altered the mark of the same and not deport without leave this. John Byrom, Wm. (his X mark) Curle, Jacob Holt, Willis Burt
1st Mon Sep 1845 [5]
Sheriff of Franklin Co., TN ...to summon William Faris Senr., John Faris, William Faris Jr., Daniel Weaver, Moses Ayers, David Oosborne, George W. Carter, William Tankesly, Mason Tankesly, William N. Taylor, Willis Burt, James Rogers, Jonathan Smith, Wm. H. Gillespie to appear at the C.C. now sitting, in Winchester, to give evidence for Def. Wm Chavious vs The State Pltff. Wit: Nathan Frizzell, Clk., By John Frizzell, D.C.; Isd. Executed as commanded Sep. 2nd 1845, F. Turner, Shff.
Nov. 1849 [5]
Sheriff of Franklin Co., TN - to summon Elizabeth Dollins & Thomas F. Dollins , Defs. ...on the 3rd Mon. March 1850 in Winchester... Willis Burt Pltff. they owe him $300 ... damage of $100. Wit: Nathan Frizzell, Clk Willis Burt & A.S. Colyar, atty. all of Franklin Co.... bound unto Elizabeth Dollins & T.F. Dollins for $250 12 March 1850.
Willis Burt (SEAL) By his atty. A.S. Colyar (Seal)

The area where Willis settled is near Winchester Springs where William and Susanna Burt (son and daughter-in-law of William Burt Sr. of Warren County, North Carolina) apparently built a hotel. Willis is named in William's will as a neighbor of his Bunscomb tract.

The 1850 census of Franklin County, Tennessee listed the Willis Burt household as follows:

   p. 233 Family #1572
     Burt, Willis    53  b NC
     Burt, Rebecca   52  b NC  (maiden name Womack)
     Burt, John S.   23  b TN
     Burt, William   21  b TN
     Burt, Malinda   20  b TN
     Burt, Joseph    18  b TN
     Burt, Nancy     15  b TN
     Burt, Sarah     14  b TN

Rebecca Womack Burt died on 7 September 1752 [1]. Some time before 1860 Willis Burt married as his second wife Elizabeth Rogers. Elizabeth Rogers was born about 1797 [8].

19 Mar 1855, Franklin Co., TN [5]
- Lazarus Lawson J.P.... in favor of Alfred Burt vs. S.F. & Wm. M. Evans for $244.24 & costs, Judgt 23 Sept 1854 . No personal property of the Defts. S.F. & W.M. Evans found in County upon which to levy this fi fu . Levied on land in Franklin Co., TN Dist. No. 14,- 200 A. adj. Willis Burt, Wm. Ford & others known as the Buncomb Lands...where Samuel F. Evans now lives. Levied 24 Mar 1855. L.W. Go(nce?), Sheff.
29 Dec 1858 [5]
- Willis Burt to S.A. Rogers ro $600... a Negro girl about 5 yrs. old ... named Margret ...Willis Burt (Seal) Test: H. Simpson, A.J. Simpson Reg: April 2, 1860. John G. Envito, Clk. [NOTE: The signatures on this document appear to be originals.]
Franklin Co. Deed Book 2, p, 209 [4]
05 Dec 1859 - Willis Burt to William W. Pennington both of Franklin Co., TN - 212 A . for $2,000... land lying in Franklin Co. on ridge between Rock Creek and branch of little Harricane Creek, all being N. branches of Elk River, ...near Carrel S. Taylors fence ... to William Holts line ..E. of the road from Winchester to Shelbyville, W. ...William Farriss corner S...to Corner of Faris land... Signed Willis Burt (seal) Wit: W.J. Burt, C.J. Taylor
Franklin Co. Deed Book 1, p7 [4]
31 Mar 1860 - S.A. Rogers to Willis Burt both of Franklin Co., TN - for $3,400 ...land in sd. Co. ...on the waters of Lost Creek ...crossing at the Mill race 68 poles with a conditional between Kindred Majors and Rogers,...to Turners line, ... corner of A. J. SImpsons,... to a corner made between S.A. Rogers & A.J. Simpson... L.N. Simpsons corner ... to W.Rogers corner, 136 A. Signed S.A. Rogers; Wit: A.J. Simpson, Jos. J. Burt. Reg: 3 Apr 1860. John G. Enochs Clk

The 1860 census of Franklin Co., Tennessee listed the family as follows:

   District #6, 14 Jul 1860 #109, p. 121
   #785 #773
     Burt, Willis        64  M  Farmer  $2700  $11135  b NC
     Elizabeth           64  F                         b NC
     William             23  M  Farmer                 b TN
     Keller, Nancy A.    24  F                         b TN
     Keller, Thomas       6  M                         b TN

There are many transactions indicating the financial difficulties of the time. The Civil War was begun and the following bank note [5] was actually printed and then hand written The Confederate States of America ...the war did nothing to ease debts due.

Four months after note I promise to pay Willis Burt the Sum of one hundred & fifty dollars ($150) at the branch Bank of Tennessee at Shelbyville for notice Extd. this the 17th July 1861. E.P. Byrom Willis Burt Thomas Byrom John Byrom Confederate [Hand written in - next word scratched out] UNITED STATES OF AMERICA State of Tennessee Bedford County
Be it known that on the day of the date hereof, I, V.H. Steele, Notary Public for the County of Bedford, in the State of Tennessee, duly commissioned and sworn according to law, office in the town of Shelbyville, in said State, at the request of the Branch of the Bank of Tennessee, at Shelbyville, exhibited to R.N. Wallace Co. of said Bank the original Note.
Whereof, a true copy is above written, and demanded payment thereof, from said Cashier at said Bank, being the place where said Note was made payable, and I was answered that said note would not be paid. Whereupon, I, the said Notary, at the request of the aforesaid, have and do hereby solemnly Protest against the drawer of the said Note and Endorsers and all concerned, for all Exchange, re-Exchange, Costs, Damages, and Interests already suffered for want of payment thereof.
Thus done and protested at Shelbyville, aforesaid, this 28th day of Novr. one thousand eight hundred and sixty one, In testimony whereof, I have hereunto set my hand and affixed by Notary Seal the day and year above written.
V.H. Steele, Notary Public
State of Tennessee
Bedford County: I certify that on this 28th Novr. 1861 I placed notices of the above protest in the Post Office at Shelbyville (odared?) & to Willis Burt and Thos. Byrom at Ridgeville & John Byrom at (Istal?) Creek Tennessee. V.H. Steele, C.P.
(Back:) E.P. Byrom - $150.-
------
Willis Burt
Thos. Byrom
John Byrom
-----
Protest - 1.00
Processed - .90
----- $151.90
Jno Byrom decd., Mrs. Byrom Burdford (sic) Co. admx. Nov 28th 1861. No. 5815

Willis's son William was sued for a great deal of money in damages in a rather sensitive case (accused of seduction) and Willis is named as a defendent and has property attached. It appears to have affected him later, because a deed of 1874, one year before his death, seems to indicate that most of his real property was already disposed of.

Cheatham vs. Burt Filed May 16, 1866 H.R. Estill, CM [5]
Hon. John P. Stille (?) Chanc. presiding at Winchester TN. - Complt. Robertsen V. Cheatham of Franklin Co., TN ...against William Burt also of sd. Co... for the seduction of complainants daughter...in the sum of $5,000 ...Complainant believes that he is justly entitled to the damages sought.
Complt. shows that sd. Burt cannot pay the amount & that his principal means is title to a tract of land sold to him by his father Willis Burt, also of sd. Co... On the waters of Little Hurricane adj. the said Willis Burt and Josiah Brown(?)...60 A - 100 A. Complt. fears William Burt has disposed or will dispose of all his means to pay any judgmt. so he wants to attach it. ...let the said Burts be defts., let said land be attached ...let the amount paid by the said William to the said Willis be held liable for the satisfaction of any judgement Complainant may obtain ... C(??) Muncee (?) Shff For Complainant
R.V. Cheatham Sworn to 16 May 1866. H.R. Estill, C.M. Nash Frizzell, D.C.
R.V. Cheatham vs Wm. Burt et als - Attachment Isd. May 16th 1866
Witness H.R. Estill C.M. of said Court at office, Wednesday after the third Monday of February 1866. executed as commanded May the 17th 1866. Jackson Travis, Sheriff
R.V. Cheatham vs Wm. Burt et als - Bond [5]
We bind ourselves unto Wm. Burt et als for $1,200... to be void if R.V. Cheatham Successfully prosecutes his attachment Suit this day commenced in the Chancery Court at Winchester against Burt et als or in case he fails will pay all costs & damages incident on failure & satisfy & perform whatever decree the Court may pronounce against him for wrongfully Sueing out said attachment, This May 16th 1866. R.V. Cheatham (Seal) C.M. Johnson (Seal)
R.V. Cheatham vs Wm. Burt - Bond & attch. Franklin County: [5]
We Roberten V. Cheatham and C(en??) Johson ack. ourselves indebted to William Burt for $1,200, but ...whereas Robertsen V. Cheatham has Sued out a writ of attachment in the Cir. Ct. of Franklin Co. TN against William Burt now Robertsen V. Cheatham shall prosecute with effect ... then this obligation to be void otherwise to remain in full force and effect May 16th 1866 R.V. Cheatham C.M. Johnson
State of Tennessee - Franklin Co. [5]
To the Sheriff of Franklin County - Greeting: Summon Wm. Burt & Willis Burt to appear on or before Wednesday after the third Mon. of Aug. next, before the Chancery Ct. at Winshester, to answer the bill of R.V. Cheatham ...16 May 1866. H.R. Estill, C&M Executed May 17 as commanded Jos. McTravis, Dept. Sheriff
Franklin Co., TN Deed Book 2, p340 [4]
25 Dec 1866 - Franklin Co., TN - For $600... I (Willis Burt) sell to Asbury N. Tarpley ...land lying in dist. No. 14 in Franklin Co. ... N. to Isham Harriss line ... near a Stable once known as Handbys Stable- 63 A. ...being a tract granted to William Bowen and by him sold to J.J. Hayton. $50 to be paid on 25 Dec 1867, the balance in 4 equal annual installments. A lien is retained on the land until all the money is paid. Signed Willis Burt Attest: Jno. W. Murphy, S.A. Rogers. Reg. Winchester, March 26th 1867. John G. Enochs Clk
28 Aug 1871 - Franklin Co., TN Cir. Ct. [5]
- Saml Watson, Trustee vs E.P. Byrom & W. Burt. Pltff. sues Defts. for $150 due 17 Jul 1861 payable to Deft Willis Burt 4 mos. later... at bank of Tennessee at Shelbyville... endorsed by him to Thomas Byrom who is not sued ...still due to plaintiff. Coldwell
Franklin Co., TN Deed Book 7, p113 [4]
9 Oct 1874 - Franklin Co., TN Willis BURT to Joseph S. Rogers for this consideration and none other the said Joseph S. Rogers agrees to take me Willis Burt & wife Elizabeth Burt & Marth Simpson as one of his family, feed & cloth & pay all necessary expenses that may incur in said family during their natural lives, ... for ... a tract of land in Franklin County & Dist. No. ___[blank] - 30 A.... on old Road where Miss Magove(rn?) line ...with line to G.W. Byroms line J.S. Rogers line, down the Road to Loss Creek, down Creek to Beg. 9 Oct 1874.
Willis Burt (Seal)
Elizabeth Burt (Seal)
Wit:
James Braiser
H.L. Byrom
Reg. 24 May 1877. Clement Arledge Clerk by N.W. Martin, D.C.

The 1870 census of Franklin County listed the households of Willis Burt and apparently of his son William Burt:

  Index #191, p. 24 Civil District 15, Franklin Co., TN - P. O. Tullahoma
  #169 #172
  Burt, Willis             72  M  W Farmer        $4200 $1410  b NC
  Burt, Elizabeth          72  F  W Keeping house              b NC
  Simpson, Elizabeth       16  F  W                            b TN
  Keeler (Keller?), Thomas 17  M  W Farm laborer               b TN
  
  Index #191, p. 24 Civil District 15, Franklin Co. - P. O. Tullahoma
  #170 #173
  Burt, William            40  M  W Farmer               $680  b TN
  Burt, Mary               23  F  W Keeping house              b TN
  Burt, Thomas              2  M  W                            b TN
  Burt, [N?]arcissa         1  F  W                            b TN


Children:

  1. a son
    b. ca 1818
    m.
    d.
  2. a daughter
    b. ca 1820
    m.
    d.
    (The above possibly Martha Burt who married Joseph Simpson 13 Feb 1849 in Franklin Co. Willis Burt and family were neighbors and associates of A. J. Simpson. Also note the presence of Elizabeth Simpson aged 16 - perhaps a grandaughter - in the 1870 Willis Burt household).
  3. a son
    b. ca 1822
    m.
    d.
  4. Alfred Burt
    b. 1824
    m. Lucinda Franklin 22 Dec 1848 Franklin Co., TN [10]
    d. 1911
  5. John Gaston Burt
    b. 1827
    m. 1) Araminta M. Payne 31 July 1855 Franklin Co., TN [9]
    m. 2) Jane Norvell 5 Oct 1874 [11]
    m. 3) Tennessee Yant 5 Dec 1882 [11]
    m. 4) Annie Brazil Babb 4 Aug 1898 [11]
    d. 1916
  6. Mary Jane Burt
    b. ca 1828
    m. [S. C. Rogers 10 May 1848 Franklin Co., TN ?] [10]
    d.
  7. William Burt
    b. 1830
    m.
    d. after 1870
  8. Malinda Burt
    b. ca 1832
    m. John Dougherty 19 Aug 1852 Franklin Co., TN [10]
    d.
  9. Joseph Burt
    b. ca 1834
    m. Nancy J. M. Hayslip 1857 Franklin Co., TN [9]
    d. after 1880
  10. Nancy A. Burt
    b. 1835
    m. John Keller 12 April 1853 Franklin Co., TN [10]
    d.
  11. Sarah Burt
    b. Aug 1837 [1] TN
    m.
    d. 9 Sept 1852 [1]
    b. Franklin Co., TN


Sources:

  1. Tombstone inscriptions, from Cemetery Records of Franklin Co., Tennessee compiled by the Franklin County Historical Society, Winchester, Tennessee.
  2. Frederick Burt appears to have first lived in Bedford Co. before settling in the part of Franklin County that was later broken off to create Moore Co., TN.
  3. Original deed book recordings transcribed from photocopies by Donna Warner, November 1998, from Bedford County Courthouse Register of Deeds, Shelbyville, TN.
  4. Deed abstracted by Donna Warner from photocopy of original deed, January 1999.
  5. Project Preservation - Franklin Co. Loose Records, 118 High St. Courthouse Annex, Winchester, TN 37393, Folders 1840-048, 1850-047, 1850-015, 1860-183, 1860-191, 1860-219, 1860-219. Copies of original records transcribed by Donna Warner.
  6. A John Womack is a witness to a 1786 deed involving land adjacent to Richard Burt in Chatham County, North Carolina: Chatham Co. Deed Book (B?), p. 335 - 8 Nov 1786 - Zachariah Dillard to William Dillard - 70 pds. - 300 a. on the North side of Care [sic] Fare River - joins Richard Burt. Signed: Zachariah Dillard Wit: David (x) Osley, John Wommack. From Chatham County, North Carolina Deeds 1783-1786 by Marilyn Poe Laird and Vivian Poe Jackson.
  7. The 1850 census listing the household of Willis Burt and Rebecca actually states that her maiden name was Womack.
  8. 1860 and 1870 censuses, Franklin Co., TN, transcribed from microfilms of originals by Donna Warner. Immediately before the Willis Burt household in 1860 was the family of S. A. Rogers:
      Rogers, S. A.   37 M Farmer $4000 $6560  b TN
      * Jane M.       34 F                     b NC
      * Nancy R.      10 F                     b TN
      * James          8 M                     b TN
      * Wm. B.         6 M                     b TN
      * Sarah M.       3 F                     b TN
      Rogers, John L. 20 M Farmhand            b TN
      Burt, James J.  31 M Farmhand            b NC
    
  9. Early Middle Tennessee Marriages Vol 1 Grooms by Byron and Barbara Sistler, 1988.
  10. Early Middle Tennessee Marriages Vol. 2 Brides by Byron and Barbara Sistler, 1988.
  11. Information from descendants of John Gaston Burt as transmitted to Joy Burt Dupy.


This page last updated on: 9 February 1999

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