James Beaty1

b. circa 1795, d. 26 May 1847
FatherJohn Beaty2 d. bef 1840
MotherMargaret Montgomery2,3 d. bef 27 Sep 1831
BirthCircacirca 1795 James Beaty was born in Virginia circa 1795.4,5 
Militaryduring 1813 and 1814 During the War of 1812 James served as a private in Capt. James Shelton's Company of the 5th Regiment, Virginia Militia. He was drafted on 13 Aug. or 13 Sept. 1813 and was discharged at Norfolk, Virginia March 10th, 1814. James' discharge paper spelled his surname Beatie.6 
Description  At the time James entered the war he stood about 5'11" inches tall with dark hair and a dark complexion.7  
Marriage14 Oct 1830 He married Elizabeth Latener McQuown, daughter of Isaac McQuown and Ann Orr, on 14 Oct 1830 in Washington County, Virginia.8 
Cens-18401840  James Beattie's 1840 household included: 1 male 5-9 [John]; 1 male 10-14 [possibly Joseph F. Beatie?]; 40-49 [James]; 1 female under 5 [Mary Elizabeth]; 2 females 5-9 [Ann, Margaret]; 1 female 30-39.9 [Elizabeth] 
Death26 May 1847 James died on 26 May 1847 in Washington County.4,10 
Burial He was buried at Rock Spring Cemetery in Washington County, Virginia.4 

Research Comment:

James' mother Margaret (Montgomery) Beaty was devised a life interest in a share of her father's land on the south side of the Middle Fork of the Holston River by his 1803 will. Margaret's sister Abigail received the other share. By 1831 both women were deceased and their heirs filed suit asking the Washington Co. court to appoint commissioners to divide the land. The commissioners returned their report but deeds were never executed.

In the early 1840s a second suit was filed, this one in the name of Nelson Beaty, the young son of James' deceased sister Jane (Beaty) Land. James Beaty, named as a defendant, filed a response in May 1844 stating he believed the original commissioners had divided the land improperly. James felt that the land should not have been divided among the sister's children who were living at the time the two women died, but rather should have been divided in proportion to the number of children each had given birth to.

James' mother Margaret had given birth to two children who died before she did, bringing the number of her children to 6. Abigail had given birth to 3 children, all of whom survived her. James argued that Margaret's heirs should have received 6/9ths of the total tract rather than 4/7ths as the court decreed. The court ruled against James who had also argued that the particular land he received was inferior to the rest.

James died before the case was finalized. At his death his heirs were named as defendants in his place. On Oct. 21, 1847 the court revised the case and named Margaret, Ann, John and Nancy Beaty as James' heirs at law. In Jan. 1849 a summons was issued to Margaret, Ann, John, Elizabeth and Nancy Beaty, described as infant children and heirs of James Beaty deceased.

This document is of interest as James' wife Elizabeth may have also been the mother of an additional child named Josephus F. Beaty. He was enumerated in her household in 1850, and in 1890 sold an undivided share of 9 acres in Washington Co. which had formerly belonged to Elizabeth. Joseph was born prior to Elizabeth's marriage to James Beaty yet Joseph carried the Beaty surname. Elizabeth filed a pension application in 1878 based on James' War of 1812 service. She provided proof of their marriage date and stated neither of them had been previously married. Joseph was not listed among James' heirs in the above named court papers. Was this an oversight or was Joseph Elizabeth's child and not James's?11,12

Related Links and Images:

Click on the PDF icon to read a summary of the Chancery case that arose over the distribution of Thomas Montgomery's land
Other interments in Rock Spring Cemetery

Family

Elizabeth Latener McQuown b. 28 Sep 1807, d. 11 Dec 1887
Children
Last Edited18 Jan 2013

Citations

  1. [S2138] Index to the Compiled Military Service Records for the Volunteer Soldiers Who Served During the War of 1812, subscription database, National Archives and Records Administration, Washington DC (www.ancestry.com: viewed Jul 2009. Application file of Elizabeth Beaty for soldier James Beaty/Beatie.
  2. [S2527] "James Beaty Answer dated 6 May 1844", Nelson Beaty by his guardian and best friend vs James Beaty, C. Jones, etc., Washington Co., Virginia Ended Chancery Causes 1850-05, reel 90, Library of Virginia, 800 E. Broad St., Richmond, Virginia. James stated that "his mother Margaret Beaty, daughter of Thomas Montgomery, had 6 children, to wit: John Beaty, Alexander Beaty, Jane Beaty (later Jane Land), Robert Beaty, and ___ Beaty (the last 2 died before their mother)." [James was implied as an additional child]
  3. [S2210] Jack Hockett, Washington Co., Virginia Deed Book 9, 1825-1829, deed as abstracted from WCV DB 9: 591 states that on 21 Aug. 1823 Alexander M. Beatie sold his future interest in a tract of land in Washington Co. to John Beaty Jr. and James Beaty for $600. The land had been left to Margaret wife of John Beaty in the will of Margaret's father, Thomas Montgomery, and was to pass to her children on her death. Alexander, James and John Beaty Jr. were stated to be part of those children.
  4. [S2] Catherine McConnell, High On A Windy Hill, p. 206. Stone reported to read: James Beaty, d. 26 May 1847, age 32 or 52 (partly illegible).
  5. [S165] Elizabeth Beatty household, 1880 U.S. Census, Washington Co., VA, pop. sched., Holston District, ED 100, page 5A (243 stamped), dwelling 36, family 36, viewed online at www.Ancestry.com, Sept 2012. Household includes: Elizabeth Beatty, 72, mother, b. VA, parents b. PA; William Tally, 36, son-in-law, farmer; Ann O. Tally, 47, dau; James B. Tally, 13, grandson; John Floyd Tally, 9, grandson; all b. VA/VA/VA (Ann Tally lists her father's place of birth as Virginia).
  6. [S3003] "War of 1812 Pension and Bounty Land Warrant Application Files," digital images, Fold3.com.com (http://www.fold3.com : accessed Oct. 2012); James Beatie/Beaty, private, Virginia Militia; Elizabeth Beatie/Beaty widow, file W.O. 20860/W.C. 12101. The file contains many documents created during the years Elizabeth applied for both bounty land and a pension. Some documents state James was drafted Aug. 23, 1813, some say Aug. 13, 1813 and some say Sept. 13, 1813.
  7. [S3003] "War of 1812 Pension and Bounty Land Warrant Application Files," digital images, Fold3.com.com (http://www.fold3.com : accessed Oct. 2012); James Beatie/Beaty, private, Virginia Militia; Elizabeth Beatie/Beaty widow, file W.O. 20860/W.C. 12101. Description from Elizabeth Beatie's War of 1812 Claim of Widow For Service Pension form dated 2 May 1878. Elizabeth's application was witnessed by Ann O. Tally and Rebecca S. Graham.
  8. [S3003] "War of 1812 Pension and Bounty Land Warrant Application Files," digital images, Fold3.com.com (http://www.fold3.com : accessed Oct. 2012); James Beatie/Beaty, private, Virginia Militia; Elizabeth Beatie/Beaty widow, file W.O. 20860/W.C. 12101. Certified statement by Wm G.G. Lowry, clerk of the Washington Co. Ct, that an entry for the marriage of James Beatie and Betsy McQuown dated Oct. 14th 1830 appeared on a list of marriages celebrated by Alex McEwen and filed in the county marriage records. A separate affidavit, filed as part of Elizabeth's bounty land application, dated 4 Dec. 1851 and signed by Thomas M. Preston and Joseph Stewart, stated they were present at the marriage ceremony and had lived within 2 miles of Elizabeth and James for 22 years or more.
  9. [S679] James Beattie household, 1840 U.S. cens., Washington Co., Virginia, Western District, p. after 200 stamped, viewed online at Ancestry.com, Nov. 2010. Household includes: 1 male 5-9; 1 male 10-14; 40-49; 1 female under 5; 2 females 5-9; 1 female 30-39.
  10. [S3003] "War of 1812 Pension and Bounty Land Warrant Application Files," digital images, Fold3.com.com (http://www.fold3.com : accessed Oct. 2012); James Beatie/Beaty, private, Virginia Militia; Elizabeth Beatie/Beaty widow, file W.O. 20860/W.C. 12101.
  11. [S2527] Nelson Beaty by his guardian and best friend vs James Beaty, C. Jones, etc., Washington Co., Virginia Ended Chancery Causes 1850-05, reel 90, Library of Virginia, 800 E. Broad St., Richmond, Virginia. The case references a previous case filed in Washington Co. Chancery Ct [records no longer exist] brought by James, John, Alexander and Jane Beaty against Thomas M. Preston, F.W. Irby and Nancy Preston. An exhibit from that case references a decree dated 27 Sept. 1831 whereby commissioners were appointed by the court on 27 Sept. 1831 to divide the land among the various parties.
  12. [S2527] Nelson Beaty by his guardian and best friend vs James Beaty, C. Jones, etc., Washington Co., Virginia Ended Chancery Causes 1850-05, reel 90, Library of Virginia, 800 E. Broad St., Richmond, Virginia.
  13. [S6] Thomas Colley, Washington Co. VA Marriages 1853-1880, p. 121. William GAither, 24y 4m 21d, sgl, b. Iredell Co., NC, res Smyth Co., VA, overseer, s/o Greenberry & Rachel Gaither marr Margaret Montgomery Beatie, 24y 11m 8d, sgl, b. & resid WCV, d/o James & Elizabeth Beatie; 1 Oct. 1856.
  14. [S2527] "Summons dated 17 Jan 1849", Nelson Beaty by his guardian and best friend vs James Beaty, C. Jones, etc., Washington Co., Virginia Ended Chancery Causes 1850-05, reel 90, Library of Virginia, 800 E. Broad St., Richmond, Virginia.
  15. [S6] Thomas Colley, Washington Co. VA Marriages 1853-1880, p. 360. William Tally, 21, sgl, b. Pulaski Co., VA, resid WCV, farmer, s/o Pascal & Mary Tally marr Ann O. Beattie, 30y, sgl, d/o James & Elizabeth Beattie; marr 30 Aug. 1866.
  16. [S6] Thomas Colley, Washington Co. VA Marriages 1853-1880, p. 296. Benjamin Reed, 26, sgl, b. & resid WCV, teacher, s/o Hugh & Nancy Reed marr Mary Elizabeth Beaty, 23, sgl, b. & resid WCV, d/o James & Elizabeth Beaty; 1 Mar 1864.