John Ryburn

b. between 1782 and 1784, d. before 30 April 1838
FatherWilliam Ryburn1 b. in 1753 or 1754, d. Oct 1812
MotherMary (?) b. 14 Jul 1759, d. 24 Jun 1848
BirthCircabetween 1782 and 1784 John Ryburn was probably born in Virginia between 1782 and 1784.2,3 
Taxbetween 1806 and 1810  John first appeared on the tax rolls for Washington County, Virginia in 1806, about the time he turned 22. He was listed as John Ryburn Jr. to separate him from his uncle who was recorded as John Ryburn Senior. John Jr. appeared for the last time in 1810.4 
Marriage16 Aug 1808 He married first Jenny Reed, daughter of John Reed and Margaret Orr, on 16 Aug 1808 in Washington County, Virginia.5,6 
Court Record16 Aug 1808 The day of their wedding John and Jane executed a power of attorney to Jane's brothers, Arthur and John Reid [Reed], to represent them in the sale of land Jane and her brothers inherited from their father, John Reid [Reed], in York [now Adams] County, Pennsylvania. 
Cens-18101810  Two years later John was listed as the head of his own household on the 1810 Washington County census. He was indicated as a 26-44 year old male. Also indicated was a female under 10 and a female 26-44 who would no doubt have been Jenny.7 
Migrationbetween 1810 and 1811 John and Jenny appear to have migrated to Franklin County, Indiana, shortly after this census was recorded. 
Court Record21 Feb 1811  John registered his cattle brand in an official book at the Franklin County courthouse. His entry, dated February 21, 1811, states, "John Ryburns mark as follows two smooth crops of each ear". The early settlers used marks to identify their stock since the stock ran wild.8 
Court RecordJun 1811 In Jun 1811 he was included on a list of grand jurors in Franklin County.9 
Legatee22 Jul 1812 John's father died in 1812 back in Virginia, leaving John $100 to be paid out of his estate but not until two years after the death of John's mother.1 
Land-Buy19 Oct 1812 On 19 Oct 1812 John bought approximately 80 acres of land in Franklin County from Charles and Samuel Scott. The land was described as in the southwest quarter of section number 3, township number 8 and range number 2 (west) being all of the land lying north and east of the River White Water and to the center of said river in that quarter section. John paid $300 for the tract.10 
Tax1817 The 1817 tax rolls for Brookville Township in Franklin County included John Ryburn, Hugh Reed and John Reed.11 
Cens-18201820  Hash marks indicated the presence of individuals in the following age groups: 1 male (0-9), 2 males (26-44), 2 females (0-9), 1 female (10-15) and 1 female (26-44).12 
Widowed  Jenny died in the years following the 1820 census. 
Land-Sell20 Jan 1829  Six weeks before his second marriage, John sold his 80 acre parcel on the river to Enoch McCarty for $500.13 
Marriage5 Mar 1829 He married second Nancy (Shirk) Nelson on 5 Mar 1829 in Franklin County, Indiana.14 
Cens-18301830  John and Nancy's marriage resulted in a combined Franklin County household containing 5 males aged 10 to 30 and 4 females aged 10-20. In addition, John was most likely the male indicated in the 40-50 age group, and Nancy was probably the female indicated in the same age bracket.15 
  The two families got along well together; in August 1830 John's daughter Margaret married Nancy's son David. And the following January John's daughter Ann married Nancy's son Robert. 
1835  In 1835 John and Nancy apparently decided to avert any potential problems involving their childrens' inheritance(s). Since John sold his own land just before their marriage, he and Nancy were no doubt living on the land owned by she and her first husband, Adam Nelson. But legally Nancy was only entitled to a dower third of this land; the remainder belonged to her children, most of whom were now of legal age.

In April 1835 (using words that suggested his health was failing) John wrote his will, stipulating among other things that he had no claim to Nancy's land. The following month Nancy's son Robert initiated court proceedings asking that the land be divided and that his mother's dower be set off. This did not indicate friction within the family, but was a typical procedure required when land needed to be divided among a large number of heirs. The court determined that the land could not be divided equally so it decreed that Nancy's third should be set off and the balance sold. In November 1835 John Ryburn was appointed to represent Nancy's two underage children in the proceedings. Three of Nancy's sons purchased the balance of the land; the money arising from the sale was divided among all of Adam and Nancy Nelson Ryburn's children (or their heirs). Ironically, the settlement details were recorded in Franklin County court the month after John Ryburn's will was probated.16,17 
Deathbefore 30 Apr 1838 John died before 30 Apr 1838 on which date his will was presented to the Clerk of the Franklin Probate Court.18,19 
Will-Recd30 Apr 1838  The will, written on April 9th, 1835, mentioned John's wife Nancy and his 4 children [but only named his son John]. John willed to Nancy any interest he might have in her real estate. He also left her the money, notes, book accounts, stock and crops together with the household and kitchen furniture. John instructed that his horse, oxen, wagon and harness and all his farming utensils be sold and the proceeds divided among his 4 children. John's bible and gun were specifically left to his son John. The will also left the rest of his books and "that part of my fathers estate that is coming to me" to be equally divided amongst his 4 children. John appointed his wife Nancy as his executrix.20 

Research Comment:

The "Franklin County John Ryburn" data (including children) is based on the working theory that the John Ryburn who appeared in Franklin County records for the first time in early 1811 is the same person as the John Ryburn Jr. who disappeared from the Washington County, Virginia records after the 1810 census enumeration. Although records for a John Ryburn continue to appear for some time after 1810 in Washington County they can all be traced to an older John (uncle of the younger John).

Additional indirect evidence includes: Mary (Ryburn) Wright of Franklin County, who appears to be John's eldest daughter, was born in Virginia in 1808-1809. Margaret (Ryburn) Nelson, who appears to be John's next eldest daughter was born in Indiana about 1811. And Ann (Ryburn) Nelson, who appears to be another of the daughters indicated in John's 1820 household, survived to 1880 and stated on that year's census that her father was born in Virginia. In addition, John of Franklin County, in writing his will in 1835, included reference to his father's estate. There would be no need to do so if the father's estate was settled. But William Ryburn of Washington County, who died in 1812, stipulated that the legacies in his will (including $100 to son John) were not to be paid until the death of William's wife Mary. Mary did not die until 1848. Also unlike John's brothers, John did not receive a share of his father's farm, but instead was left cash. This adds to the suggestion that John was no longer living in Washington County in 1812.

It should also be mentioned that Jenny Reed/Reid, John Ryburn's first wife, who would have accompanied him to Indiana, had several brothers, among them John and Hugh. Two men of that name appeared in Franklin County, Indiana about the same time John Ryburn appeared.

Related Links and Images:

John's will
John's childhood home. Click on camera icon for larger image

Family

Jenny Reed b. Apr 1780, d. bef Mar 1829
Children
ChartsDescendants of William Ryburn and Mary (?)
Last Edited13 Nov 2011

Citations

  1. [S617] William Ryburn will (1812), Washington Co., Virginia, Will Bk 3: 300. Wlliam's will was dated 22 Jul 1812 and recorded in court in October of the same year. Son Patrick was appointed executor with James Orr, L. Hutton and John Edmondson witnesses.
  2. [S7] John's estimated year of birth is based on the following data:
    1810: 26-44 (b. 1766 -1784)
    1820: 26-44 (b. 1776- 1794)
    1830: 40-50 (b. 1780- 1790)
    which yields a combined census birth year range of 1780-1784
    He first appears on his own on the tax rolls in 1806 by which time he had turned 22 (b. abt 1784). However he may also have been the tithable (male over 16) indicated in his father's household beginning in 1799, suggesting a birth year closer to 1782.
  3. [S1433] Robert Nelson household, 1880 U.S. cens., Knox Co., Missouri, pop sched., Fabius Township, ED 523 (stamped), page 182, dwelling 190, family Apr. 2006, image 12 of 15. Household includes: Robert Nelson, 74, farmer, b. OH, father b. PA, mother b. GA; Ann R. 67, wife, b. IN, parents both b. VA; W. Hamilton, son, 44, farmer, b. IN, indicated as married but no wife enumerated, viewed online at Ancestry.com.
  4. [S1249] Washington Co., Virginia Tax Records 1782-1805.
  5. [S4] D.E. Brown, Marriages of Washington Co., VA 1781-1853, p. 50. 16 Aug 1808, John Ryburn and Jenny Reed; 2 June 1808 John Ryburne and Jinny Reed.
  6. [S66] Bob and Donna Ford, "WCV marriage register," e-mail to Diana Powell, 3 May 2001. Fords cite Washington Co. VA marriage register on LDS film #0034389, p. 384 which lists the date of marriage as 16 Aug. 1808.
  7. [S1004] John Ryburn Jr household, 1810 U.S. cens., Washington Co., Virginia, p. 5 (script); 696 (additional script), viewed online at Ancestry.com.
  8. [S1460] Franklin County Indiana Stock Mark Book 1: 11 (not fully paginated).
  9. [S1168] Maurice Holmes, Court Records of Franklin County, Indiana, p. 20, citing Minute Book B, (back of book), Common Pleas Court Franklin Co., Indiana Territory.
  10. [S1455] Franklin Co., Indiana Deed Book A: 136.
  11. [S1403] "Early Franklin County, Indiana Tax Lists", abstracts, USGenWeb: Indiana, Franklin County (http://www.geocities.com/Heartland/Woods/9061/fctaxlist.htm). 1817 Brookville Township List includes: John Ryburn.
  12. [S1404] John Ryburn household, 1820 U.S. cens., Franklin Co., Indiana, p. 174, viewed online at Ancestry.com.
  13. [S1456] Franklin Co., Indiana Deed Book G: 269. No dower release; witnessed by Nathaniel Hammond and William West.
  14. [S1402] "Franklin County, Indiana Marriages 1827-1829", abstracts, USGenWeb: Indiana, Franklin County (http://www.rootsweb.com/%7Einfrankl/marr1827.html). "John Ryburn marr Nancy Nelson 03-05-1829" [March 5].
  15. [S1405] John Ryburn household, 1830 U.S. cens., Franklin Co., Indiana, p. 305 stamped, viewed online at Ancestry.com, April, 2006, image 81 of 122.
  16. [S1168] Maurice Holmes, Court Records of Franklin County, Indiana, p. 158, citing Probate Court Order and Minute Book C, p. 63 which states that John Ryburn was appointed guardian of John Nelson and Nancy Nelson, minor heirs of Adam Nelson, dec'd. John posted bond in the amount of $1,100 with Nathan D. Gallion as his security.
  17. [S1459] Petition of Robert Nelson for division of property (1838), Franklin Co., Indiana Probate Court Complete Order Book 3: 36. This record contains a report of the court proceedings surrounding the petition, first filed in May 1835 by Robert Nelson to divided the property left to the heirs of Adam Nelson, deceased. The widow was named as Nancy Nelson, now Nancy Ryburn. The heirs were named as: Robert Nelson, Andrew Nelson, David Nelson, Martha Nelson, Adam Nelson, John Nelson and Nancy Nelson. Several Tyner children (Martha Ann, Mary Jane, Charlotte, Robert Nelson Tyner) were also named as heirs through the share of their deceased mother Mary Tyner, late Mary Nelson. A dower third of the land was set off to Nancy Ryburn; the remainder was sold to Robert, Andrew and David Nelson.
  18. [S1168] Maurice Holmes, Court Records of Franklin County, Indiana, p. 183, citing Probate Court Order and Minute Book C, p. 219.
  19. [S90] Betty Mealy, "James Campbell-John Ryburn," e-mail to Diana Powell, 19 Jul 2004. Betty stated, "On the family group sheet that my cousin Marguerite Carpenter Coleman made, she entered 1838 as death year for the son John. In the reference section she mentions a letter from Robert Snodgrass of Glade Springs in 1980 and a 1980 letter from a Dr. Leonidas R. Littleton of Emory VA. but she did not give me copies of these letters."
  20. [S1458] John Ryburn will (1838), Franklin Co., Indiana Probate Order Book C: 219. Witnessed by Nathaniel Hammond, George Holland, and __ St. John.