Below is the article on Burwell Spence from the book, " The Settlements, Carroll County 1765-1815 " by John Perry Alderman. BURWELL SPENCE According to his pension application, he believed that he was born in Bedford County in 1763 ( File # W 11528). It is not known who his parents were, but in 1871 he went into the army (drafted into the militia ) from Surry Co. NC. He was then about 18 years old. His first tour of duty was for 3 months, in the southern army under General Greene, in the course of which he took part in the Battle of Eutaw Springs, after which he was discharged Oct. 28, 1781. He then moved to Montgomery County, Virginia where in the spring of 1782 he went into the army a second time. The second tour of duty was also for 3 months and this time he was sent to western Virginia, across the Clinch River to Witten's Station; he was discharged June 1, 1782. His pension papers show that afterwards he moved to Ashe county NC where he lived for a time. His sojourn in Ashe county is difficult to pinpoint from the old Virginia records. He was not taxed in Montgomery in 1782, although he had been discharged from the army that summer. He does appear on the roster of Capt. James McDaniel's militia company in Montgomery, but that record is not dated. In 1788 his name appears on the Montgomery tax rolls, and that would seem to be the time that he returned from Ashe County. It appears from the old records that his wife was named Rebecca ( from his son Uriah's marriage record in 1854 in Carroll County), and there is a family tradition which says that she was Rebecca Puckett, which makes considerable sense, considering the family names and other evidence. Burwell's first land was on the headwaters of Big Reed Island, on a stream then called Pine Creek, near Crooked Oak; he bought the survey from David Reece and obtained the grant in 1802 (Grants, 48-461). He sold his land in 1805 (Grayson Deed Book 2-148 ) and there is a period of five years ( 1803-1808) when he is not found in the Grayson records. In 1818 he bought a smaller tract on Big Reed from Andrew Cock, and this he kept for ten years. Later he acquired another tract on Burk's Fork and moved to it, selling his Big Reed tract. In the years that passed, he and Rebecca had nine children; she died sometime in the 1820's ( she is not shown in the 1830 census), and he remarried Nancy Thomas in Grayson County on July 7, 1831. The writer has not been able to learn anything of Nancy, except that she survived him by several years and moved to Tazewell County after his death. In 1832 he applied for a pension, based on his service in the Revolution, and in 1843 he reapplied. He was awarded the pension ( $20.00 per year), but died in Carroll County on March 23, 1844 (Pension application). He left a Will, written in 1843 and probated in May of 1844 (Carroll Will Book 1-46). He devised his entire estate to his widow Nancy, to the exclusion of his nine children, but happily he named all nine children in the Will. His personal estate consisted of a variety of personal property which was appraised for a total of $ 20.12 (Carroll Will Book 1-42); in addition he had cash and notes in the amount of $41.31, including his pension check for the first part of 1844. His estate included some property in the hands of Allen Thomas who was probably a kinsman of the second wife. His widow Nancy was in Tazewell County in the 1850's where she applied for the widow's benefits and for a land warrant (Pension application). His children are apparently listed in his Will in the order of their birth: (1) Isham Spence, born about 1792, who is said to have married Nancy Redpath. (2) Drury Spence who was born about 1796 and is listed in both the 1850 Wythe and 1850 Patrick county census. (3) Uriah Spence, born about 1800, married first a girl named Sarah and then in 1854 remarried Susannah Marshall. (4) Joseph Spence, about whom little is known. (5) John Spence, who probably is the same person who married Mary Woosley in 1823. (6) James Spence, born about 1809, married Nancy Watson in Patrick county in 1830. (7) Elizabeth Spence. (8) Mary Spence. (9) Lewis Spence, who married Frances Brim in 1833 in Surry County, NC. Additional information on this family can be found in the Carroll chancery files. A suit (File # 121A) was brought in the 1870's under the style of Reynolds vs. Spence's Executor; Uriah Spence had a son John who died in the Civil War as a result of which Uriah inherited the son's land. After Uriah's death in 1871, a suit was filed among the Spence heirs to settle the estate and clear the title to the son's property. The Spence heirs remaining in Carroll County at that time had lost contact with their kinsmen who had moved away, and only the local Spences were named in the suit. There was a John Spence in old Grayson county , contemporary with Burwell; it is not known what the relationship was. John was taxed with land in 1782 but does not appear in the old Montgomery personal property tax records. A John Spence does appear in the Grayson county tax records from 1794 to 1803; he lived on Burk's Fork and the land entries in Grayson show that his land was near the junction of that stream and Big Reed at a place called Bobbitts Rock House (Grayson, entry A-118). John Spence sold his entry to Reuben Cock. END OF ARTICLE WILL OF BURWELL (BURRELL) SPENCE Carroll County Virginia Will- transcribed by Carolyn Spence April 1844 proved by one witness & cont. May 1844 fully proved and ordered recorded. In the name of God Amen. I, Burwell Spence of the County of Carroll and the State of Virginia do make ordain and constitute this my Last Will and Testament and knowing the uncertainty of all human events and being of sound mind and disposing, dispose or mean and desirious of my estate which providence hath given me. First, I give unto my loving wife, Nancy Spence, all of my estate real and personal. Beds and furniture, household and kitchen furniture and all stocks of every kind and all of my money which I have, shall I receive here after which is left after my death during her natural life and for my wife, Nancy Spence, is to have full control of all of my estate and she is fully authorized to dispose of it as she wishes as her own property to any person which shall be binding in Law and equity. Secondly, I leave nothing to my children namely Isham Spence, Drury Spence, Uriah Spence, Joseph Spence, John Spence, Elisabeth Spence, Mary Spence, and Lewis Spence. Lastly, I ordain and constitute my loving brother, John Cock, executor of this my Last Will and Testament hereby revoking all other Wills and Testament heretofore made by me. In witness hereof I, Burwell Spence have hereunto set my hand and seal June 3rd day of 1843. Burwell (X) Spence Signed, sealed and delivered in presense of us. W. Jackson Lucindy Thomas April 1844 John Cock, Sr. VIRGINIA: CARROLL COUNTY COURT MAY TERM 1844 This writing purporting to be the Last Will and Testament of Burwell Spence, deceased, having been proved at the April term of this Court, by the oath of Lucinda Thomas a subscribing witness hereto, was fully proved in the Court by the oath of William Jackson and certified by John Cock and John Stanley Justices of the Peace of the County of Carroll and was ordered to be recorded. Testator, William Lindsey Clerk of Court Carroll County to wit: This day the undersigned Justices of the Peace for the County aforesaid exhibited to William Jackson witness purporting to be the Last Will and Testament of Burwell Spence to which writing the said William Jackson is a subscribing witness but unable from age and infirmity to attend Court and the said William Jackson made oath before us that the said Burwell Spence the Testator acknowledged the said writing to be his Last Will and Testament and was at the time of sound mind and disposing mind and memory and that he William Jackson attested the same in the presence and at the request of the said Testator. Given under our hands and seals this 9th day of April 1844. John Stanley John Cock *********************************************** * the above Will has been the subject of question and study for years and 155 years later we are still trying to figure out the riddles. I was talking with a cousin via telephone last week when we discussed why Burwell was so concerned with the beds and kitchen furniture, and not the normal things that men devise to their family. The livestock and land owned was not itemized. Nancy was mentioned twice.In naming the children with the last name Spence, was he leaving open a loophole for other children to share in his estate. It is thought that Nancy Thomas never married prior to her marriage to Burwell, although she had children. One source says Nancy's children were all fathered by Burwell, prior to their marriage. The possibility is there that daughter Elizabeth never married, hence her maiden name and not a married name. We know that daughter Mary never married. Why out of 9 children was there not one of them that was dear to the heart of their father ? Why was John Cock, Burwell's Minister and friend, my loving brother ? Will we ever know ? Carolyn