thankyou drook -- this is important to know . I wonder if all the states have different laws or if this applies to all the states ? sheri

Thanks you for the list. June Let's Keep Remembering, "In God We Trust"

Since the list of those buried in the Whitt Cemetery was only posted on the Tazewell mailing list, I will resend to the Russell & New River lists. Thanks June for asking. Linda (Kelly) Atwell MD ----- Original Message ----- From: <NOLES1574@aol.com> To: <VATAZEWE-L@rootsweb.com> Sent: Tuesday, February 08, 2005 8:42 AM Subject: [VA-TAZEWELL] Destruction of cemetery > To All - > > According to the Tazewell County courthouse they must have a name to check if > a petition has been filed. The first person I spoke to was of no help but the > person in the recording section said that with a name we could check if he > filed a petition. Sounds like he may not be the type of person to arrange that. > I am in Florida and am waiting to hear from my Uncle Bill (whose baby brother > is buried in this cemetery) to see what he can do...he lives in Bluefield so > could possibly make the trip. He too has said that the owner wouldnt allow > family members to visit. Not only is Hezekiah (Rev War veteran) buried there - > the remains of James W Lowe (my 4th great grandfather) who was a Civil War > veteran is also there. > > Is there any way Tazewell County could relocate the graves? > > For those of you who aren't aware of who is buried there these are the names > on the stones as listed on the Tazewell Genweb site and my notes. Just to help > put names to the stones... > > Whitt, Hezekiah - * father of Rebecca Whitt and my 5th great grandfather > b. 1761 departed this life march 1849"This is a hand crarved stone’ > > Lowe , Fernandez * son of James W. Lowe and Ruth Christian > b. march 8-1858 d. dec.18-1934 > Lowe, Sarepta Ann Wife of Fernandez > feb.5-1865 d. July 10-1950 > > Lowe, William Blake * son of Fernandez and Serepta Lowe > aug. 2-1900 d July 13-1939 > > Lowe, James W. * my 3rd great grandfather > Co. E 8 Va. Inf. 1828-1897 > > Lowe, Lawrence > Va.S2 U S Navy WW 1 > April 30-1896 dec. 25-1954 > > Lowe, David C. 1865-1932 * son of James Lowe and Ruth Christian > Lowe Mary M. Wife of David C. 1875-1934 * was Mary Melissa Lambert > > Lowe, James M. 1861-1931 * son of James Lowe and Ruth Christian and my 2nd > great grand parents > Lowe, Mollie H. Wife of James M. 1870-1936 * Mollie Ruth Hankins > > Lowe, Carl David infant son of Mr. and Mrs. C.D. Lowe May 27-1930 *grandson > of James and Mollie Lowe > > Johnson, James B. > Sept. 8-1877 Oct. 21-1937 > > Johnson, Laura > Feb. 25-1880 Nov. 1-1949 > > Whitt, James all I could read was b. oct. d. sept. > I found this info in Tazewell Vitals on the internet > “Whitt James d. Sept.19-1855 Tazewell Co. age 73 > Parents Hezekiah and Rachel Whitt > [pob]Montgomery Co. > [inf] Nancy Whitt wife > > Christian, Bill > all we could read was b. may > > Does anyone have an e-mail to the paper or to the news? I have pictures of > most of these people if it will help to put faces to the names. > > Thanks for all your help...a worried family member: > Tracie Crawford

Thank you very much for this info. A real fact coming out of all the discussion so far. Dorothy

In a message dated 2/4/2005 3:47:04 PM Pacific Standard Time, tomr@infostations.com writes: Courthouse was destroyed by fire on Feburary 14, 1782 . While the next Courthouse was being constructed , courts were held in the Methodist A fire in 1782 would not affect records to 1850....Jan

From the Code of Virginia: § 18.2-127. Injuries to churches, church property, cemeteries, burial grounds, etc.; penalty. A. Any person who willfully or maliciously commits any of the following acts is guilty of a Class 1 misdemeanor: 1. Destroys, removes, cuts, breaks, or injures any tree, shrub, or plant on any church property or within any cemetery or lot of any memorial or monumental association; 2. Destroys, mutilates, injures, or removes and carries away any flowers, wreaths, vases, or other ornaments placed within any church or on church property, or placed upon or around any grave, tomb, monument, or lot in any cemetery, graveyard, or other place of burial; or 3. Obstructs proper ingress to and egress from any church or any cemetery or lot belonging to any memorial or monumental association. B. Any person who willfully or maliciously destroys, mutilates, defaces, injures, or removes any object or structure permanently attached or affixed within any church or on church property, any tomb, monument, gravestone, or other structure placed within any cemetery, graveyard, or place of burial, or within any lot belonging to any memorial or monumental association, or any fence, railing, or other work for the protection or ornament of any tomb, monument, gravestone, or other structure aforesaid, or of any cemetery lot within any cemetery is guilty of a Class 6 felony. A person convicted under this section who is required to pay restitution by the court shall be required to pay restitution to the church, if the property damaged is property of the church, or to the owner of a cemetery, if the property damaged is located within such cemetery regardless of whether the property damaged is owned by the cemetery or by another person. C. This section shall not apply to any work which is done by the authorities of a church or congregation in the maintenance or improvement of any church property or any burial ground or cemetery belonging to it and under its management or control and which does not injure or result in the removal of a tomb, monument, gravestone, grave marker or vault. For purposes of this section, "church" shall mean any place of worship, and "church property" shall mean any educational building or community center owned or rented by a church. (Code 1950, § 18.1-244; 1960, c. 358; 1975, cc. 14, 15; 1982, c. 561; 1983, c. 579; 1990, c. 510; 2004, c. 203.)

From the Code of Virginia: § 57-27.1. Access to cemeteries located on private property; cause of action for injunctive relief; applicability. A. Owners of private property on which a cemetery or graves are located shall have a duty to allow ingress and egress to the cemetery or graves by (i) family members and descendants of deceased persons buried there; (ii) any cemetery plot owner; and (iii) any person engaging in genealogy research, who has given reasonable notice to the owner of record or to the occupant of the property or both. The landowner may designate the frequency of access, hours and duration of the access and the access route if no traditional access route is obviously visible by a view of the property. The landowner, in the absence of gross negligence or willful misconduct, shall be immune from liability in any civil suit, claim, action, or cause of action arising out of the access granted pursuant to this section. B. The right of ingress and egress granted to persons specified in subsection A shall be reasonable and limited to the purposes of visiting graves, maintaining the gravesite or cemetery, or conducting genealogy research. The right of ingress and egress shall not be construed to provide a right to operate motor vehicles on the property for the purpose of accessing a cemetery or gravesite unless there is a road or adequate right-of-way that permits access by a motor vehicle and the owner has given written permission to use the road or right-of-way of necessity. C. Any person entering onto private property to access a gravesite or cemetery shall be responsible for conducting himself in a manner that does not damage the private lands, the cemetery or gravesites and shall be liable to the owner of the property for any damage caused as a result of his access. D. Any person denied reasonable access under the provisions of this section may bring an action in the circuit court where the property is located to enjoin the owner of the property from denying the person reasonable ingress and egress to the cemetery or gravesite. In granting such relief, the court may set the frequency of access, hours and duration of the access. E. The provisions of this section shall not apply to any deed or other written instrument that creates or reserves a cemetery or gravesite on private property. (1993, c. 713; 2004, c. 831.)

First of all there is a State Law in the State of Virginia along with most states today. This man simply because he bought the property can't do as he wishes. If someone has a few pictures of the Cemetery and with all the information that you have about just a few of who are buried there he can be stopped. I have family in Russell County and have helped to stop the same thing here in the State of Indiana where I now live. 1. Call or go on line for the State of Virginia and contact the Governors office with e-mail's flood the offices of your State Senators and Representatives. Call or write write away. 2. Call the local Court House and find out why they are not following the letter of the law for your state concerning this cemetery. DEMAND ACTION and inform that you are contacting the newspapers. 3. Contact the newspapers in the area and tell them what is happening and try to get a story in the newspaper. Make sure that you also inform the Governor and others you contact that this is a step you are following that the newspapers are going to be informed. 4. Contact any Historical Society, Archives, DAR and SAR in the general area not just the county involved. 5. Call or e-mail the DAR and SAR for help in the matter including all the Historical people close to an in the area for help and their input. 6. If I am not mistaken in Virginia they either have to fence and let the area stand or pay for the removement and reinterment of every grave there, call a funeral home and find out the cost of one grave removement and reinterment, then call your local officials and inform them and state you expect them to do their jobs which is to uphold the laws of the State of Virginia. (the more people that call the more they will pay attention or the more e-mail they get the more they will listen) 7. Get petitions about saving this cemetery out in the county and have people sign it and get flyers up everywhere. The people that live right there probably don't know what is happening and some may have family buried there. 8. Get everyone you know that is upset about this to call, write, e-mail, phone everyone they know starting with the man at the top and work your way down but do it fast!!! Linda

Who is buried at the Whitt cementry? I have relatives that were confederate soldiers. June Let's Keep Remembering, "In God We Trust"

In a message dated 2/8/05 3:11:21 PM Eastern Standard Time, bill.lin.atwell@mindspring.com writes: > who knows what he plans on doing > with the graves themselves. He is also NOT accepting visitors to the > cemetery. > Contact the local Commonwealth Attorneys office and the Sheriffs Department! Carolyn

Frequently Asked Questions About Cemetery Preservation http://www.dhr.virginia.gov/homepage_general/faq_cem_%20presv.htm Please see above for Virginia cemetery law! The landowner cannot just build over the graves. If he wants to use the land, he must pay to have each grave relocated!!!! Carolyn

Hi Linda , It really is appaling to me how people can be so carless with graves - on their property . I have a friend in Crawford County , Missouri who had a lot of graves on his property , Since they were in his pasture -> his boys decidied one day to just throw all the head stones into a pile by the fence line . I got on his case about that . I was very dissapointed in him - that he did not ever fence that part off or instruct his children in the importance of respecting the dearly departed . I know at least one of the graves was a Civil War soldier . Some people just dont care about the older graves . I am glad to get youre suggestion . I didnt think of trying those places you suggested . I think there is a LAW about those old grave yards . I remmeber reading about a law tht says the public is to be given access to a graveyard on private property . I dont remmeber where it is . Saw it on the net . If anyone can find it -- I would like to know so I can print it out . sheri Missouri

Linda... Thanks for your help. I contacted the Dept of Historical Resources in Virginia and mentioned the fact that there is a Civil War veteran as well as a Rev war veteran. Still waiting to hear from them. I know Darrell Lowe was going to Tazewell today to talk to someone about this. I guess we'll find out what happens. Tracie

Everyone, Tracie Crawford furnished a listing of those buried in the Whitt Cemetery in Tazewell Cty., VA. Among those buried there are an American Revolution Soldier & a Confederate Soldier. It seems the owner, Mr. Finney, is in the process of tearing down the old Whitt (Witt) house & plans on removing the fence & grave markers from the cemetery -- who knows what he plans on doing with the graves themselves. He is also NOT accepting visitors to the cemetery. American Revolution Soldier: Whitt, Hezekiah 1761-1849 Confederate Soldier: Lowe, James W. Co. E 8 Va. Inf. 1828-1897 Directions to the PRIVATELY OWNED CEMETERY: Located just off Baptist Valley Road on Route 699 called The Green Mountain Road. Or coming off Route 460 at Pounding Mill, take Route 639 to Route 699 and cross the hill. Cemetery will be on the right, just before you get to Baptist Valley Road. Being a member of the UDC in MD & born in Bluefield, I felt it wouldn't hurt to contact the closest UDC Chapters & SCV Camps around the Cemetery since there is a Confederate soldier's grave involved. They could be of great help. Janice Busic, I bcc: you for the VA UDC -- could you contact the closest Chapter(s)? What about a DAR contact? Polly Wharton, I bcc: you for the WV UDC -- would you please contact someone in the Bluefield Chapter for help? I don't know anyone. Richard Lockhart, Adj. of the Flat Top Copperheads Camp in Princeton, WV, I bcc: you for the WV SCV -- could you also contact Bob McGraw or Tracy French in the Brown-Harman Nighthawks Camp in Tazewell, VA for help (their website emails are not working)? I'm Scott Morris' sister & we are related to the Hypes. We also need help from the DAR & SAR in that area to protect the grave of the Amer. Revol. soldier. Is there anyone on any of the mailing lists from a SAR Chapter that's close by? Peggy Keen -- I don't know if your DAR Chapter covers that area. Maybe you could contact the Chapter who is closest. All of these organizations have great wisdom, strength & knowledge when it comes to protecting the graves of their organization's soldiers. Everyone needs to contact the people listed below furnished by Debra Rookard to voice your concern over the possible destruction of the Whitt Cemetery. Make sure you also continue contacting the local media. Since Russell & Tazewell mailing lists are involved, I've taken the liberty of adding the "New River" mailing list to my reply in case someone there has a vested interest in helping save the Whitt Cemetery in Tazewell Cty., VA. P.S. As far as I know, I have no relatives buried in this cemetery -- I only wanted to see that these 4 heritage organizations were promptly notified regarding these soldiers. Linda (Kelly) Atwell Monrovia, MD ----- Original Message ----- From: "Debra Rookard" <d_rookard@adelphia.net> To: <VARUSSEL-L@rootsweb.com> Sent: Monday, February 07, 2005 2:14 PM Subject: [VARUSSEL] What you can do right now - Whitt Cemetery Destruction A land owner must possess a court order to lawfully proceed in any disturbance of a cemetery in the Commonwealth. If this unconscionable act is occurring as we speak, there is no time for writing. > I encourage every person on the Tazewell and Russell List to pick up your phones and start punching numbers. If you are local, please take a drive into town this afternoon and personally speak with those in county administration. > I phoned the Historical Society and emailed some officers. The HS is not open again until Wednesday. Their website is down. I just spoke with Bill Archer from The Bluefield Daily Telegraph and he is looking into the matter. > Time is of the essence, Debra > 276.979.8181 State Senator Phillip P. Puckett > 276.988.5966 H. Caudill, Sheriff of Tazewell County > 276.988.7541 James E. Blevins, Tazewell County Clerk > 276.988.1266 Deanis Simmons , Tazewell County Attorney > 276.988.1240 Dennis Lee, Attorney for the Commonwealth of VA, Tazewell County > Newspapers 276.963.1081 - Richlands News Press 276.988.4770 - Clinch Valley News ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ----- Original Message ----- From: Bev Tracy <tracybev@plains.net> To: VATAZEWE-L@rootsweb.com Sent: Saturday, February 05, 2005 2:21 PM Subject: [VA-TAZEWELL] Whitt Cemetery destruction I just received a message from my cousin that the Cemetery in Tazewell County VA where Hezekiah Whitt, Revolutionary War soldier and some of the Low/Lowe family are buried is going to be destroyed by the present day land owner. The old Whitt house was still standing, but the land owner is tearing it down. A neighbor in Tazewell wrote and told me that he was taking the fence down around the cemetery and planned to get rid of the stones. The old cemetery was south of Busthead. Can anyone give me some suggestions as to how to stop the cemetery from being destroyed? I live in Colorado so I need some suggestions of who to write in Tazewell who might help. Bev Tracy

Crystal, give me some dates for this family and I will see what I can find in census records. Yvonne crylynreed@aol.com wrote: >This is a Message Board Post that is gatewayed to this mailing list. > >Surnames: Honaker/Ray >Classification: Query > >Message Board URL: > >http://boards.ancestry.com/mbexec/msg/an/ABC.2ACE/1533.1535.4.2 > >Message Board Post: > >Clint, > I am the ggggranddaughter of Daunt Honaker and Rachel Ray and I am having much trouble finding any iformation on Daunt and Rachel. They had a daughter by the name of Lavania that marreid Delathia Price. Can you PLEASE help me? Any information will be greatly appreciated. >thank you >Crystal > > >==== VARUSSEL Mailing List ==== >To subscribe to the list send an email from the email address you wish >to have subscribed to: VARUSSEL-L-request@rootsweb.com that contains the >word "subscribe" (without quotes) in the body of the message and nothing >else. To subscribe in the digest mode rather then the list mode send >this message to VARUSSEL-D-request@rootsweb.com > > > >

This is a Message Board Post that is gatewayed to this mailing list. Classification: Query Message Board URL: http://boards.ancestry.com/mbexec/msg/an/ABC.2ACE/1533.1535.4.2.2.1.1.1 Message Board Post: Meloney You are a brain saver. Thank you so much. Now I have something to go on. Thank you sooooo much. Crystal

This is a Message Board Post that is gatewayed to this mailing list. Classification: Query Message Board URL: http://boards.ancestry.com/mbexec/msg/an/ABC.2ACE/1533.1535.4.2.2.1.1 Message Board Post: Crystal I found it. I found Rachel and her daughter Lavania living with Henry and Helen C. Honaker on the 1900 Census. Rachel M. is listed as Daughter-in-law and Lavania is listed as Granddaughter. So then I went searching backwards and fond Henry and Helen on the 1880 census and they have one son at that time named Johnson age 1. so then I search the Russell County web site and found where Johnson Honaker married a Rachel Ray. See below. so this tells me that Daunt must have either been his middle name or a nickname. JOHNSON HONAKER 20 WHI SIN RUSSELL Parents of Johnson: HENRY & HELEN C. HONAKER Marriage date for Johnson and Rachel: 04 AUG 1898 RACHEL RAY 17 WHI SIN RUSSELL Parnets of Rachel :J.H. & C. RAY M.B MARTIN

Dear Anonymous, I think that is a great idea. Those who suspect that these valuable books may be up in a box in the garage may have motivation to see if they are there! I very badly need those books also! Nancy Brown

Dear Mike, If I may attempt to solve the problem, I suggest a reward to anyone that can tract them down. Let instead of accusing someone as you have said, maybe someone can start a donation account and let people make contributions to it, then it might encourage someone to come forward with them and give them a clear concoius as the finder not as the taker. Someone out there has them but now they are afraid to come forward because of all the finger pointing as you have said. This has happened over 50 to 100 years ago so how can we all hold someone accountable that may have the records but they don't know how they got them, for all we know the person who took them is dead so how can the person who has them know be held accountable for something they have had no control over and now there afraid to come forward. Anonymous

A land owner must possess a court order to lawfully proceed in any disturbance of a cemetery in the Commonwealth. If this unconscionable act is occurring as we speak, there is no time for writing. I encourage every person on the Tazewell and Russell List to pick up your phones and start punching numbers. If you are local, please take a drive into town this afternoon and personally speak with those in county administration. I phoned the Historical Society and emailed some officers. The HS is not open again until Wednesday. Their website is down. I just spoke with Bill Archer from The Bluefield Daily Telegraph and he is looking into the matter. Time is of the essence, Debra 276.979.8181 State Senator Phillip P. Puckett 276.988.5966 H. Caudill, Sheriff of Tazewell County 276.988.7541 James E. Blevins, Tazewell County Clerk 276.988.1266 Deanis Simmons , Tazewell County Attorney 276.988.1240 Dennis Lee, Attorney for the Commonwealth of VA, Tazewell County Newspapers 276.963.1081 - Richlands News Press 276.988.4770 - Clinch Valley News