Just some more information - this was on the Department of Historical Resource website for the State of Virginia. According to this he has to have a court order to even take down the stones or fences. I have another e-mail going to Mr. Kern with DHR. Maybe he can give me a little more info: "I have an old abandoned cemetery on my property. What are my legal rights and obligations? Do I have to maintain the cemetery or let family members come on my land? Virginia law protects the cemetery itself from malicious damage, but does not require a property owner to maintain it or to allow anyone to come on your land to visit the cemetery. Both are your choice. A court order is required to remove the cemetery (graves, markers, fences, etc.) in order to use the land for any other purpose. The court order procedure requires a public legal notice and reasonable effort to notify descendants if known. The law also allows an adjacent property owner to sue you if a cemetery is so poorly maintained that it threatens the value of the neighboring property. The court can then require you to allow someone else to maintain the cemetery" Tracie

Ann, If you would e-mail me directly, I could give you the name of the person you could contact in Burkes Garden that may know the answer to your question. I have this woman's address and phone number. I have the names of the people buried in the Hall-Brown Cemetery and directions to the cemetery. Janet Peters harlessj@citlink.net

Tracie, From what Peggy Fuller Keen said in her post yesterday, he won't need a petition to remove the fence and headstones as long as he doesn't dig up the graves. I sent an email to WVVA TV in Bluefield but haven't received a response. ----- Original Message ----- From: <NOLES1574@aol.com> To: <VATAZEWE-L@rootsweb.com> Sent: Tuesday, February 08, 2005 7:42 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 > > > ==== VATAZEWE Mailing List ==== > WATCH YOUR SUBJECT LINES > Take an extra second and > give them a good one for > the subject of your list > message. IT DOES MATTER! > >

Folks, I ask that all please read previous messages, as questions are being redundantly posted. Moreover, it is not in anyone's best interest to initiate an unannounced visit to the Whitt-Lowe Cemetery right now. It is on private land and we must respect that. The county authorities are apprised of the situatuion, as is the Historical Society. Visit the courthouse instead, as was asked yesterday. Go to them and kindly voice your concern. We can support their efforts by allowing them to handle it as the law permits. I am assured we will hear from them soon. In the meantime, please keep up the phone calls. The Historical Society will be open tomorrow and Thursday about 10 am - 12:30. Don't forget to be kind and thank them for their support. Debra

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

There is a DAR chapter in Tazewell named Fort Maiden Spring. I am a member of DAR but I live in Louisiana. However, I will be happy to contact them but I need to know what I should say to them. Is the cemetery in Tazewell County or Tazewell city? Do we know it is going to be torn down or do we just need them to look into the rumor? I haven't been following this as closely as some have because I have been out of town on vacation and just got back. Just let me know what you all would like for me to try to do. Toni Rodgers

I found one Finney who lives on Finney Dr. at Busthead. His name is name is W.L. Finney. What can we do with this information? ----- Original Message ----- From: "Bev Tracy" <tracybev@plains.net> To: <VATAZEWE-L@rootsweb.com> Sent: Monday, February 07, 2005 10:55 PM Subject: [VA-TAZEWELL] Whitt Cemetery > Darrel, > The cemetery is across the road, on top of the hill. The last time I > was in Virginai we climbed up there and found Hezekiah's grave and several > other Lowe graves. At that time the cemetery was in very bad shape and we > crawled through bushes head high, but it was still fenced in. The man's > name who owns the land is named Finney. When my cousins from Kansas where > there he ran them off and would not let them look for the grave. > Being from Colorado I cannot give you a land description. I think it > was on HWY 699 from Busthead to Pounding Mill. I am glad that I got to > see the old house before it was torn down. It is sad that there wasn't a > way to preserve it. > Back to the cemetery, my cousins from Kansas got aquainted with > neighbors down the road from the old house and they contacted my cousins > and said the Mr. Finney said the land where the cemetery was belonged to > him and he planed to take the fence down and use it. I have no proof of > what Finney said, but we need to check it out and make sure this cemetery > is preserved. Not only was Hezekiah a Revolutionary War solider, but he > was one of the founding fathers of Tazewell. > Surely there is something that the Historical Society can do or does > anyone have connection to the DAR? I appreciate all the answeres and > concern and I hope that we can make sure this cemetery is preserved. Do > I need to call and find out Mr. Finneys first name? > > Bev > > > > > > > ==== VATAZEWE Mailing List ==== > Address all Tazewell messages > to: <VATazewe-L@RootsWeb.com> >

Thanks for all of the concern! Since I live in Colorado I have no way of knowing what is going on back in Virginia. I think that the first thing we need to do is find out if anything has been done to the old cemetery. I am not sure how to do this, as I know that Mr. Finney would not let anyone on his land to go look at the cemetery, or the old Whitt House when we were in VA. His neighbors are afraid of him, and I do not want to involve them. I have no way of knowing what Mr. Finney plans to do, only what I have heard. It will do no good to make him mad as this might make things worse. I have been told that the fences are down around the cemetery and the cattle in the pasture are able to get into it. This alone will ruin the old stones. If nothing has been done to the stones as of yet, I think our best bet is to see if there is some way of preserving the old cemetery because it contains a revolutionary war soldier. Can anyone tell me if this is possible? Bev

Darrel, The cemetery is across the road, on top of the hill. The last time I was in Virginai we climbed up there and found Hezekiah's grave and several other Lowe graves. At that time the cemetery was in very bad shape and we crawled through bushes head high, but it was still fenced in. The man's name who owns the land is named Finney. When my cousins from Kansas where there he ran them off and would not let them look for the grave. Being from Colorado I cannot give you a land description. I think it was on HWY 699 from Busthead to Pounding Mill. I am glad that I got to see the old house before it was torn down. It is sad that there wasn't a way to preserve it. Back to the cemetery, my cousins from Kansas got aquainted with neighbors down the road from the old house and they contacted my cousins and said the Mr. Finney said the land where the cemetery was belonged to him and he planed to take the fence down and use it. I have no proof of what Finney said, but we need to check it out and make sure this cemetery is preserved. Not only was Hezekiah a Revolutionary War solider, but he was one of the founding fathers of Tazewell. Surely there is something that the Historical Society can do or does anyone have connection to the DAR? I appreciate all the answeres and concern and I hope that we can make sure this cemetery is preserved. Do I need to call and find out Mr. Finneys first name? Bev

Debra, I hate to be the bearer of bad news, but in VA the landowner has the right to remove ANY and ALL, trace of a cemetery, on private land, as long as he don't dig up the graves. This law needs to be changed, and quickly. This type of destruction has been done again and again, allover SW VA. It happened in one of my family lines, so I know how it feels. As a member of the DAR, I am furious it is a grave of a Patriot of the Revolution. But until some laws are changed, I am afraid we will see more of this. Peggy C Fuller Keen President Buchanan County Historical Society Organizing Regent, Sandy Basin Chapter, NSDAR ----- Original Message ----- From: "Debra Rookard" <d_rookard@adelphia.net> To: <VATAZEWE-L@rootsweb.com> Sent: Monday, February 07, 2005 1:14 PM Subject: [VA-TAZEWELL] 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 > > > > ==== VATAZEWE Mailing List ==== > TAZEWELL COUNTY LIST PAGES: > Let our list administrator know them! >

I drove to the site this evening but didn't see the cemetery. I've known about it for awhile but haven't gotten around to going there. I did see the old house though, and it was in the process of being torn down. The top story had already been removed. I sent an email to Western District Supervisor Donnie Lowe but haven't received a response. Hezekiah is most likely an ancestor of his so maybe he will get involved. I'd be happy to go to the courthouse tomorrow if someone can give me an idea of who to talk to. Darrell ----- Original Message ----- From: "Debra Rookard" <d_rookard@adelphia.net> To: <VATAZEWE-L@rootsweb.com> Sent: Monday, February 07, 2005 4:52 PM Subject: [VA-TAZEWELL] Cemetery - The County is calling > Afternoon Update: > > Earlier this morning I called and then emailed Ashely Nuckols, a dedicated > genealogist and officer of the TCV Historical Society. She has > subsequently spoken to the Revenue Office, (Tax Assessor), at the > courthouse. I just received a call from them. They are on top of the > situation and are tracking down the owner of the property. > > For all who have never had the pleasure to experience Tazewell; please > allow me to interject that this is one of the finest counties in all of > the Commonwealth. Leaving this pleasant and beautiful hamlet is so very > difficult; I always feel as if I am leaving home. > > Their people really care; they are a kind and fair sect. Their courthouse > is welcoming and the records immaculate. We can all be proud of our > cousins who live there still. > > Please plan a visit and spend your tourism dollars. You will come away > with treasured lifetime memories of this very special place. > > Keep those phones lines lit up! > Debra Rookard > Atlanta. GA > > > ==== VATAZEWE Mailing List ==== > TAZEWELL LIST ADMINISTRATOR > VATazewe-Admin@RootsWeb.com > <commander@sunlitsurf.com>> >

I am in tears after reading this because I am hoping this will get some answers. I was my ancestors Thomas Lester and Margaret Drake Lester whose graveyard was plowed over by a land owner many years ago, and when my family memebers went to ask the owner at least for the stones, he threatened them with a shotgun and told them he'd shoot them if they came around again. Granted, this was done in the 1960's, and I don't know if anyone pursued it, and I wasn't aware of it until 2000. A big thanks to those of you who are local and can drive to the cemetery in person, and also the ones who've called the right people. You are right about the courthouse in Tazewell, and also the historical society. My mom and I were there in 2002, and spent days in the courthouse downstairs room. They were so nice and helpful, the space is nice and well lit where we researched, and everything is right there just for the looking. I was thrilled to death to have that experience. Also the records and genealogy room at the library were more than adequate. Thanks again to all who are helping. Sue -----Original Message----- From: Debra Rookard [mailto:d_rookard@adelphia.net] Sent: Monday, February 07, 2005 3:52 PM To: VATAZEWE-L@rootsweb.com Subject: [VA-TAZEWELL] Cemetery - The County is calling Afternoon Update: Earlier this morning I called and then emailed Ashely Nuckols, a dedicated genealogist and officer of the TCV Historical Society. She has subsequently spoken to the Revenue Office, (Tax Assessor), at the courthouse. I just received a call from them. They are on top of the situation and are tracking down the owner of the property. For all who have never had the pleasure to experience Tazewell; please allow me to interject that this is one of the finest counties in all of the Commonwealth. Leaving this pleasant and beautiful hamlet is so very difficult; I always feel as if I am leaving home. Their people really care; they are a kind and fair sect. Their courthouse is welcoming and the records immaculate. We can all be proud of our cousins who live there still. Please plan a visit and spend your tourism dollars. You will come away with treasured lifetime memories of this very special place. Keep those phones lines lit up! Debra Rookard Atlanta. GA -- No virus found in this outgoing message. Checked by AVG Anti-Virus. Version: 7.0.300 / Virus Database: 265.8.5 - Release Date: 2/3/2005

Afternoon Update: Earlier this morning I called and then emailed Ashely Nuckols, a dedicated genealogist and officer of the TCV Historical Society. She has subsequently spoken to the Revenue Office, (Tax Assessor), at the courthouse. I just received a call from them. They are on top of the situation and are tracking down the owner of the property. For all who have never had the pleasure to experience Tazewell; please allow me to interject that this is one of the finest counties in all of the Commonwealth. Leaving this pleasant and beautiful hamlet is so very difficult; I always feel as if I am leaving home. Their people really care; they are a kind and fair sect. Their courthouse is welcoming and the records immaculate. We can all be proud of our cousins who live there still. Please plan a visit and spend your tourism dollars. You will come away with treasured lifetime memories of this very special place. Keep those phones lines lit up! Debra Rookard Atlanta. GA

Back a few years ago, maybe 2-3years ago, quite a bit of land was auctioned in Burke's Garden, Tazewell County. There was a 17 acre parcel located, I believe on the eastern end right of the Back Road. I think the property was owned or leased by a Mr. Thompson. On this 17 acre parcel is a Brown/Hall family cemetery surrounded by a rock wall. I am hoping to find out the name and phone number of the new owner of this parcel to contact them about the cemetery. Is this something you can help me with? Thanks, Ann Brown-Juarez, Washington state

I am new to the list. My line of Hicks lived in McDowell Co, WV which was formed from Tazewell Co. My GGrandfather was John H(enry) Hicks first married to Lydia (Sydney) Lester whose family was from Tazewell Co. Lydia died when my grandmother Mary Hicks was only a few years old, probably 1873. John & Lydia also had another daughter Levicie named after John's mother who was a couple of years older than my grandmother. John's father was Clayborn Hicks. Lydia and John Hicks are on the 1870 McDowell Co census. John married Judy Pricie Baker in 1874. Lydia's parents were James & Sydney Lester. I have found the Lester family in the 1850 & 1860 Tazewell Co census, and Sydney in John & Lydia's household in 1870 and her son Abner Lester's household in 1880 living next door to John Hicks who has now remarried to Pricie Hicks. I would love to communicate with any Hicks or Lester cousins and exchange pictures and data. christine hayes washington state Researching Stanley, Harman, Hicks, Lester, Boling

The Davidson family of Tazewell County, Russell and Scott Counties, have a Lowe far back in their family. I think it is certain that some of them are related. There are many still in Tazewell County. They also have a Witt (which may be spelled Whitt at times) in their family. Betty Davidson Hicks

Can anyone help me with thename of the owner? They cant check petitions without a name and all I have is the directions to the address. Thanks Tracie

I sent this earlier to the list but not sure if it went. Dear Ms Crawford, I talked to our archaeologist who said the graves cannot be removed without an order from the Tazewell County Circuit Court. The person petitioning to remove the burials needs to pay for their proper removal and to pay for their appropriate reinternment. Perhaps the Tazewell Historical society can put you in touch with a local attorney who can notify you if the Tazewell Circuit Court receives a petition for permission to remove the burials and you can record your concerns as an interested family member. Thank you for your communication regarding this matter. John Kern -----Original Message-----

I just received this from Historical Resources: Dear Ms Crawford, I talked to our archaeologist who said the graves cannot be removed without an order from the Tazewell County Circuit Court. The person petitioning to remove the burials needs to pay for their proper removal and to pay for their appropriate reinternment. Perhaps the Tazewell Historical society can put you in touch with a local attorney who can notify you if the Tazewell Circuit Court receives a petition for permission to remove the burials and you can record your concerns as an interested family member. Thank you for your communication regarding this matter. John Kern

Darrell, I don't have it, but the Tax Assessor's Office in Tazewell Co does. Directions to the 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. Debra Darrell Lowe wrote: Does anyone have the name and address of the landowner, and/or the address of the Hezekiah Whitt house? Debra Rookard wrote:Subject: [VA-TAZEWELL] What you can do right now - Whitt Cemetery Destruction