I'm still trying to identify my earliest Brown family in Tazewell and prob have connections, at least, to this family somewhere along the line! I too, am willing to make a donation to help save/maintain it. Margaret, Southern Calif

If anyone has access to the marriage records of Tazewell would you check to see if there is a marriage record for a Harvey G. Spratt born about 1856 or so marrying a Sarah V Seelock/Sealock born about 1873 in 1898. It was Harvey G Spratt's second marriage. Thank you Marge in Minnesota.

I am sorry if I offended anyone on the list. I feel VERY strongly about this type of thing. Whether on public or private land, No cemetery should ever be destroyed. As I said before, this happened in one of my family lines---the landowner took a dozer and pushed the tombstones over the hill. I agree, the deed check should be the first step. Our ancestors never dreamed that their descendants would not preserve all those little family graves--they just assumed. Just like many people assume they are protected by law, when they are not. All of these graves should be preserved. And I agree, right now, this cemetery needs all the attention. However, when the crisis is past, we must not forget about the thousands of others scattered all over this part of the country. Laws have to be changed. There are strength in numbers. We have to work together. And I can tell you, it won't be easy. Think about all the cemeteries that are in the forests, grown over and long forgotten, and the big companies who own most of that land. They will fight against any change. Peggy

Now is not the time to argue over who is right or wrong. Now is the time to figure out how to get a fence up around that cemetery. I'm willing to help do the work but I'm not physically able to do it alone. We need local people to help. Even if you don't have an ancestor in this cemetery...do you want to see it destroyed? ----- Original Message ----- From: "Peggy C Fuller Keen" <dar@peggykeen.com> To: <VATAZEWE-L@rootsweb.com> Sent: Wednesday, February 09, 2005 8:39 PM Subject: Re: [VA-TAZEWELL] More Laws from Code of Virginia > In my opinion, the code posted is NOT explicit at all. > Unless the cemetery is excepted out of a tract of land, it is not a public > cemetery, it is part of the tract of land. The landowner has control of > it. He can do anything he wants, except dig up the graves. He can plow it, > and plant crops on it if he wishes. > § 18.2-127. Injuries to churches, church property, cemeteries, burial > grounds, etc.; penalty, is referring to church and public cemeteries. > This disagreement is why we have courts. And as a landowner, I can tell > you there is no law that says I can't move a stone, be it gravemarker or > "a rock" on my private property, if I choose to do so. > It all depends on how the deed is written, and you better wake up and > smell the roses, because if you think I am wrong. > Peggy > > > > ----- Original Message ----- > From: "Debra Rookard" <d_rookard@adelphia.net> > To: <VATAZEWE-L@rootsweb.com> > Sent: Wednesday, February 09, 2005 8:14 PM > Subject: Re: [VA-TAZEWELL] More Laws from Code of Virginia > > >>I too, am not a lawyer, but the current Code of Virginia is quite explicit >> in its verbage on the treatment of cemeteries and burial grounds. >> Granted, >> it is in very desperate need of revision. >> >> While the owners shall have the duty to allow ingress, they are within >> their >> rights to deny such without a court order.If we are met with refusal upon >> proper request, remedy is offered in the courts. >> >> Ultimately, the cemetery may not be defaced in any manner. >> Debra >> >> >> From the Code of Virginia >> >> § 18.2-127. Injuries to churches, church property, cemeteries, burial >> grounds, etc.; penalty. >> >> 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 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. >> >> >> In regards to ingress; remedy in the courts. >> >> >> § 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. >> >> 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.... >> >> >> ... sorry for the dots ;- } >> >> >> D. Any person denied reasonable access under the provisions of this >> section >> may bring action in the civil courts 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 ... >> >> (1993, c. 713; 2004, c. 831.) >> >> >> >> Peggy C Fuller Keen wrote: >> >> I wasn't sure I was going to post on this matter, again, but I feel I >> must. >> First of all, let me say I am not a lawyer. >> I still stand behind my first post about the landowner of a private >> gravesite, and here is why: >> The VA cemetery law posted to this board, says NOTHING about the >> landowner >> removing the gravemarkers from a private gravesite. And I assure you, he >> does not have to allow you to go onto his property. If you read it >> carefully, you will see it really protects the landowner from civil >> suits. I >> think the key word in this section is in section A."...shall have a >> duty..." >> it doesn't say he MUST allow. >> I attended a seminar a few years ago, on this subject. I was very shocked >> to >> learn the landowner could legally do this. I spoke with a lawyer friend >> of >> mine, today, and she told me I was right. >> I say all of the above to say this: >> As long as people take for granted there is a law that will protect >> gravesites on private land, there NEVER will be one. Everyone "assumes" >> there is a law, and therein lies the problem.. >> The Historical Societies, DAR, SAR, SCV, UDC, Genealogy groups, etc., >> needs >> to band together to make sure the laws are changed and to document these >> cemeteries for historical preservation. >> >> Peggy C Fuller Keen >> Buchanan County Historical Society President >> Sandy Basin Chapter, NSDAR Orgainzing Regent >> >> >> >> ==== VATAZEWE Mailing List ==== >> TAZEWELL LIST ADMINISTRATOR >> VATazewe-Admin@Rootsweb.com >> > > > ==== VATAZEWE Mailing List ==== > TAZEWELL UNSUBSCRIPTION DIRECTIONS > VATazewe-L-request@RootsWeb.com UNSUBSCRIBE [in subject line} > VATazewe-D-request@RootsWeb.com UNSUBSCRIBE [in subject line] >

In my opinion, the code posted is NOT explicit at all. Unless the cemetery is excepted out of a tract of land, it is not a public cemetery, it is part of the tract of land. The landowner has control of it. He can do anything he wants, except dig up the graves. He can plow it, and plant crops on it if he wishes. § 18.2-127. Injuries to churches, church property, cemeteries, burial grounds, etc.; penalty, is referring to church and public cemeteries. This disagreement is why we have courts. And as a landowner, I can tell you there is no law that says I can't move a stone, be it gravemarker or "a rock" on my private property, if I choose to do so. It all depends on how the deed is written, and you better wake up and smell the roses, because if you think I am wrong. Peggy ----- Original Message ----- From: "Debra Rookard" <d_rookard@adelphia.net> To: <VATAZEWE-L@rootsweb.com> Sent: Wednesday, February 09, 2005 8:14 PM Subject: Re: [VA-TAZEWELL] More Laws from Code of Virginia >I too, am not a lawyer, but the current Code of Virginia is quite explicit > in its verbage on the treatment of cemeteries and burial grounds. Granted, > it is in very desperate need of revision. > > While the owners shall have the duty to allow ingress, they are within > their > rights to deny such without a court order.If we are met with refusal upon > proper request, remedy is offered in the courts. > > Ultimately, the cemetery may not be defaced in any manner. > Debra > > > From the Code of Virginia > > § 18.2-127. Injuries to churches, church property, cemeteries, burial > grounds, etc.; penalty. > > 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 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. > > > In regards to ingress; remedy in the courts. > > > § 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. > > 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.... > > > ... sorry for the dots ;- } > > > D. Any person denied reasonable access under the provisions of this > section > may bring action in the civil courts 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 ... > > (1993, c. 713; 2004, c. 831.) > > > > Peggy C Fuller Keen wrote: > > I wasn't sure I was going to post on this matter, again, but I feel I > must. > First of all, let me say I am not a lawyer. > I still stand behind my first post about the landowner of a private > gravesite, and here is why: > The VA cemetery law posted to this board, says NOTHING about the landowner > removing the gravemarkers from a private gravesite. And I assure you, he > does not have to allow you to go onto his property. If you read it > carefully, you will see it really protects the landowner from civil suits. > I > think the key word in this section is in section A."...shall have a > duty..." > it doesn't say he MUST allow. > I attended a seminar a few years ago, on this subject. I was very shocked > to > learn the landowner could legally do this. I spoke with a lawyer friend of > mine, today, and she told me I was right. > I say all of the above to say this: > As long as people take for granted there is a law that will protect > gravesites on private land, there NEVER will be one. Everyone "assumes" > there is a law, and therein lies the problem.. > The Historical Societies, DAR, SAR, SCV, UDC, Genealogy groups, etc., > needs > to band together to make sure the laws are changed and to document these > cemeteries for historical preservation. > > Peggy C Fuller Keen > Buchanan County Historical Society President > Sandy Basin Chapter, NSDAR Orgainzing Regent > > > > ==== VATAZEWE Mailing List ==== > TAZEWELL LIST ADMINISTRATOR > VATazewe-Admin@Rootsweb.com >

I too, am not a lawyer, but the current Code of Virginia is quite explicit in its verbage on the treatment of cemeteries and burial grounds. Granted, it is in very desperate need of revision. While the owners shall have the duty to allow ingress, they are within their rights to deny such without a court order.If we are met with refusal upon proper request, remedy is offered in the courts. Ultimately, the cemetery may not be defaced in any manner. Debra From the Code of Virginia § 18.2-127. Injuries to churches, church property, cemeteries, burial grounds, etc.; penalty. 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 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. In regards to ingress; remedy in the courts. § 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. 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.... ... sorry for the dots ;- } D. Any person denied reasonable access under the provisions of this section may bring action in the civil courts 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 ... (1993, c. 713; 2004, c. 831.) Peggy C Fuller Keen wrote: I wasn't sure I was going to post on this matter, again, but I feel I must. First of all, let me say I am not a lawyer. I still stand behind my first post about the landowner of a private gravesite, and here is why: The VA cemetery law posted to this board, says NOTHING about the landowner removing the gravemarkers from a private gravesite. And I assure you, he does not have to allow you to go onto his property. If you read it carefully, you will see it really protects the landowner from civil suits. I think the key word in this section is in section A."...shall have a duty..." it doesn't say he MUST allow. I attended a seminar a few years ago, on this subject. I was very shocked to learn the landowner could legally do this. I spoke with a lawyer friend of mine, today, and she told me I was right. I say all of the above to say this: As long as people take for granted there is a law that will protect gravesites on private land, there NEVER will be one. Everyone "assumes" there is a law, and therein lies the problem.. The Historical Societies, DAR, SAR, SCV, UDC, Genealogy groups, etc., needs to band together to make sure the laws are changed and to document these cemeteries for historical preservation. Peggy C Fuller Keen Buchanan County Historical Society President Sandy Basin Chapter, NSDAR Orgainzing Regent

Both the Tazewell Historical Society and the Tazewell SAR have contacted me and are willing to help in the matter of the Whitt/Lowe Cemetery. Both of them are going to look into the situation and see what they can do. I think this is the best course of action and I plan to let them see what they can do. The SAR told me that their chapter does some graveside clean up and Maint. They ask that I let them contact the land owners and see if they can come to an agreement with the land owner to preserve the cemetery and the graves against further damage. I intend to do that and think this is the best course of action at this time. I indicated to them that I would be willing to help with some expenses and that I thought there might be others who would help. My main goal is to protect this cemetery as a historic site of Tazewell County and at this point letting the SAR and Historical Society handle it seems the best way. Bev Tracy

I wasn't sure I was going to post on this matter, again, but I feel I must. First of all, let me say I am not a lawyer. I still stand behind my first post about the landowner of a private gravesite, and here is why: The VA cemetery law posted to this board, says NOTHING about the landowner removing the gravemarkers from a private gravesite. And I assure you, he does not have to allow you to go onto his property. If you read it carefully, you will see it really protects the landowner from civil suits. I think the key word in this section is in section A."...shall have a duty..." it doesn't say he MUST allow. I attended a seminar a few years ago, on this subject. I was very shocked to learn the landowner could legally do this. I spoke with a lawyer friend of mine, today, and she told me I was right. I say all of the above to say this: As long as people take for granted there is a law that will protect gravesites on private land, there NEVER will be one. Everyone "assumes" there is a law, and therein lies the problem.. The Historical Societies, DAR, SAR, SCV, UDC, Genealogy groups, etc., needs to band together to make sure the laws are changed and to document these cemeteries for historical preservation. Peggy C Fuller Keen Buchanan County Historical Society President Sandy Basin Chapter, NSDAR Orgainzing Regent ----- Original Message ----- From: <NOLES1574@aol.com> To: <VATAZEWE-L@rootsweb.com> Sent: Tuesday, February 08, 2005 9:48 AM Subject: [VA-TAZEWELL] More Laws from Code of Virginia >I found this in the Code of Virginia. Am I reading this wrong or can >someone help decode it?> > > "§ 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.) " > > . > > > ==== VATAZEWE Mailing List ==== > Take an extra moment to delete unnecessary > material from a reply you give to someone. > It looks more professional, and looks like > you've taken the time to send your best. >

Here is a code from the VA State that I received today: § 18.2-127, Injuries to Churches, Church Property, Cemeteries, Burial Grounds A. Person willfully/maliciously commits any of the following (#1-3 are Class 1 misdemeanors) 1. Destroys, removes, cuts, breaks, removes or carries away flowers, wreaths, etc. on/within church property or within ceremony 2. Destroys, mutilates, injures, removes, carries away flowers, wreaths, etc., or other ornaments placed within/on church property or upon any grave/tomb/monument/burial place 3. Obstructs ingress/egress to/from church/cemetery/associated lot 4. Destroys, mutilates, defaces, injures, removes object/structure permanently affixed within/on church property/tomb/monument/gravestone/other structure/place of burial (Class 6 felony). Cyndi ----- Original Message ----- From: "Peggy C Fuller Keen" <dar@peggykeen.com> To: <VATAZEWE-L@rootsweb.com> Sent: Wednesday, February 09, 2005 6:08 PM Subject: Re: [VA-TAZEWELL] More Laws from Code of Virginia > I wasn't sure I was going to post on this matter, again, but I feel I must. > First of all, let me say I am not a lawyer. > I still stand behind my first post about the landowner of a private > gravesite, and here is why: > The VA cemetery law posted to this board, says NOTHING about the landowner > removing the gravemarkers from a private gravesite. And I assure you, he > does not have to allow you to go onto his property. If you read it > carefully, you will see it really protects the landowner from civil suits. I > think the key word in this section is in section A."...shall have a duty..." > it doesn't say he MUST allow. > I attended a seminar a few years ago, on this subject. I was very shocked to > learn the landowner could legally do this. I spoke with a lawyer friend of > mine, today, and she told me I was right. > I say all of the above to say this: > As long as people take for granted there is a law that will protect > gravesites on private land, there NEVER will be one. Everyone "assumes" > there is a law, and therein lies the problem.. > The Historical Societies, DAR, SAR, SCV, UDC, Genealogy groups, etc., needs > to band together to make sure the laws are changed and to document these > cemeteries for historical preservation. > > Peggy C Fuller Keen > Buchanan County Historical Society President > Sandy Basin Chapter, NSDAR Orgainzing Regent > > > > > ----- Original Message ----- > From: <NOLES1574@aol.com> > To: <VATAZEWE-L@rootsweb.com> > Sent: Tuesday, February 08, 2005 9:48 AM > Subject: [VA-TAZEWELL] More Laws from Code of Virginia > > > >I found this in the Code of Virginia. Am I reading this wrong or can > >someone help decode it?> > > > > "§ 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.) " > > > > . > > > > > > ==== VATAZEWE Mailing List ==== > > Take an extra moment to delete unnecessary > > material from a reply you give to someone. > > It looks more professional, and looks like > > you've taken the time to send your best. > > > > > ==== VATAZEWE Mailing List ==== > Take an extra moment to delete unnecessary > material from a reply you give to someone. > It looks more professional, and looks like > you've taken the time to send your best. >

Bravo if that is the case. However, regardless of their plans, he is willfully allowing it to be further destroyed by his act of not allowing anyone access. It may not be his fault about the fence, but does anyone know that? He may have torn it down and just has not gotten to finish the process of clearing it for all we know. But if he continues to run folks off, and deny access to the cemetery by people who want to visit it, photograph it, and take care of it, then what can be done? From what I understand, by law, if the cemetery is part of his deeded land, he has a choice as to whether or not he lets anyone come onto his private property to visit the graves, do maintenance, upkeep, etc. Sue Lester Patterson -----Original Message----- From: Bev Tracy [mailto:tracybev@plains.net] Sent: Tuesday, February 08, 2005 9:01 PM To: VATAZEWE-L@rootsweb.com Subject: [VA-TAZEWELL] Whitt Cem I just got home from work and had a note from Ron Hutchinson and he has talked to Mrs. Finney. She says they have no plans to do anything to the cemetery which is a relief. However, he said that the fence is down and that the livestock in the pasture can get into the cemetery. If so, the stones are still in danger of being ruined. This may be what the neighbors meant when they said they were destroying the cemetery. We cannot blame Mr. Finney for not taking care of the cemetery. How many of us knew the cemetery was there and did nothing to see that it was taken care of? We cannot blame someone else for what we did not do ourselves. I want to see that this cemetery is preserved and would also like to see a marker there dedicated to Hezekiah Whitt and the brave people who founded Tazewell County. I do not want to get in an argument with Mr. Finney and cause him any trouble. I would hope that we can convince him how important this cemetery is and that the history of Tazewell should be preserved. Bev ==== VATAZEWE Mailing List ==== NEW MEMBERS ARE URGES TO POST YOUR FAMILY LINE at anytime you'd like to do this. Be sure that you address messages to:VATazew-L@RootsWeb.com -- No virus found in this incoming message. Checked by AVG Anti-Virus. Version: 7.0.300 / Virus Database: 265.8.6 - Release Date: 2/7/2005 -- No virus found in this outgoing message. Checked by AVG Anti-Virus. Version: 7.0.300 / Virus Database: 265.8.6 - Release Date: 2/7/2005

I would like any information on Harvey Spratt born about 1840-50. I found him in the 1900 Tazewell County census and I suspect that his wife is Sarah V Sealock. She has the same birth date as my half great aunt born 1873. Then they moved to Montgomery County Maryland where Harvey G Spratt died after 1920 and my great aunt died 1925. I have no verification that the H.G.Spratt in Tazewell Count and Harvey G. Spratt with wife Sarah in Montgomery County is Sarah Sealock (Spratt). The clues lead me to belief this but I want proof and am trying to verify this. Any information on the Spratts would be appreciated. Marge in Minnesota.

Lots of late-breaking and GOOD news on the email list! I am sending this email at 12:20 est on Feb 9, so I hope I haven't missed any new news. Since it sounds as if the Finney family would be willing to see the cemetery kept up, I suggest that a fund be established at a local bank in Tazewell for the Hezekiah Whitt Cemetery Fund, with proceeds to be used for fencing, cleanup, and care of the cemetery, in cooperation with the Finney family and subsequent landowners. Local family members or interested parties would need to carry out this work, so those of you with Whitt cousins in Tazewell County may want to start recruiting your family to help out. IF this fund is established and the volunteer help can be recruited, I will pledge the first $50 to get it started. Again, I am not a Whitt descendant, but our family makes regular donations for the upkeep of our own family cemeteries in Bland County--and it has proven very effective to preserving these sacred places. So let me know where to send the check! Good luck--and I hope the Whitt descendants will be able to take on this project! Sandra Kidd descendant of pre-1800 Tazewell Co early settlers William Kidd, Thomas Neel, and William McFarland

Here are several very good Tazewell County attorneys who might be willing to look into this. I am not speaking for them, but simply suggesting someone might contact and ask. they are: T. C. Bowen or Joe Bowen Bowen, Bowen and Bowen, PC 114 W. Main St. Tazewell, VA 24651 276-988-4830 -------------------------- Roger W. Mullins 106 Church St Tazewell, VA 24651 276-988-7566

To all who want to do something about this tragedy in the making: Publicity: The BEST way to slow this down is to get the media on it. Therefore, I suggest that all concerned CALL (do not email; you need to talk to a live person) the Bluefield Daily Telegraph, the Roanoke Times, and the Roanoke TV stations. Emphasize that this is a story that is fast-moving, and that it is a historical issue (not a family issue). If media pick this up as a story, the landowner will not like the publicity and may rethink his plans. To make it an interesting story for the media, a direct descendant of Hezekiah Whitt in the local area should be identified and be willing to be interviewed. The older the better. Also, one of the Whitt descendants (which I am not) should put together a brief fact sheet of the historical significance of Whitt: Revolutionary soldier, pioneer settler, etc. Here is some contact information: Bluefield Daily Telegraph 1-304-327-2800 or 1-800-763-2459 Executive Editor: Tom Colley Roanoke Times Main Switchboard: (800) 346-1234 or (540) 981 3340 , Mike Riley, Editor New River Valley bureau, 110 Peppers Ferry Road, Christiansburg, VA 24073 (Phone: 800-346-1234, ext. 600) , Mark Morrison, Editor, New River Valley bureau CBS in Roanoke: WDBJ 7 540-344-7000, Rachel DePompa is the New River Valley bureau chief and a former investigative reporter. NBC in Roanoke: WSLS 10 540-981-9126, ask for a reporter who covers SW Virginia issues Also, a call to Rick Boucher's office (VA Representative, 9th district, US House) 202-225-3861 couldn't hurt, although I doubt they would get involved. Legal action: I'm not an attorney, but I expect that an attorney could be found who could file papers to temporarily halt this action. This move would require someone who is willing to pay legal fees and who is an interested party: family members, historical society, etc. This would be to slow down the landowner and subject him to his own set of legal fees to fight the order. If there are some Tazewell residents reading this, please suggest a good local attorney who could assess the merits of this approach. All of us with Tazewell County roots want to see this stopped. And there is a lesson here for all of us: if we know of a family cemetery that is not being cared for, please take steps now to work with the current owner to provide funds for its upkeep, and to preserve it, photograph it, document it, and if need be to relocate the stones to a safer place. The next time we all "go home," it may be too late. Sandra Kidd (not a Whitt descendant, but a Wolf Creek girl at heart)

The first thing to do is go to the courthouse and look at deeds. It may take some looking to see if the cemetery was deeded separately from the land. I recently went through this experience and had to hire an attorney to find what I needed. This was after a day spent at the courthouse. Attorneys do not come cheap. Perhaps you can get an attorney friend to volunteer services? Perhaps a note to Mr. Finny asking his permission to clear the cemetery and repair the fence would be a good start. I salute you and your community on this endeavor. Mary A. Sutphin msutphin@tcia.net > > > As of 6:00 today, Tuesday 8 Feb, there isn't a problem. Mrs. Finney said they have no plans to do anything to the cemetary. What we have to worry about is the horses getting into the cemetary. The fence is practically non-existant. We need a plan. I doubt the Finney's ownership. I think the cemetary was probably excepted from their deed. I don't know this for sure. Stay in touch. Ron. > > -- No virus found in this outgoing message. Checked by AVG Anti-Virus. Version: 7.0.300 / Virus Database: 265.8.5 - Release Date: 2/3/05

I feel that we need to proceed very cautiously at this point. Perhaps the landowners are innocent as they are being portrayed here, perhaps not. Let us gather more information regarding the guaranteeing of protection, maintenance, and access to this critical and historical cemetery before we celebrate too heartily. Debra

I received this email from Ron Hutchison this evening. ----- Original Message ----- From: ron hutchison To: bigd4vt@adelphia.net Cc: tracybev@plains.net Sent: Tuesday, February 08, 2005 6:20 PM Subject: The Whitt/Lowe Cemetary As of 6:00 today, Tuesday 8 Feb, there isn't a problem. Mrs. Finney said they have no plans to do anything to the cemetary. What we have to worry about is the horses getting into the cemetary. The fence is practically non-existant. We need a plan. I doubt the Finney's ownership. I think the cemetary was probably excepted from their deed. I don't know this for sure. Stay in touch. Ron.

I just got home from work and had a note from Ron Hutchinson and he has talked to Mrs. Finney. She says they have no plans to do anything to the cemetery which is a relief. However, he said that the fence is down and that the livestock in the pasture can get into the cemetery. If so, the stones are still in danger of being ruined. This may be what the neighbors meant when they said they were destroying the cemetery. We cannot blame Mr. Finney for not taking care of the cemetery. How many of us knew the cemetery was there and did nothing to see that it was taken care of? We cannot blame someone else for what we did not do ourselves. I want to see that this cemetery is preserved and would also like to see a marker there dedicated to Hezekiah Whitt and the brave people who founded Tazewell County. I do not want to get in an argument with Mr. Finney and cause him any trouble. I would hope that we can convince him how important this cemetery is and that the history of Tazewell should be preserved. Bev

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

I found this in the Code of Virginia. Am I reading this wrong or can someone help decode it?> "§ 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.) " .