Third Generation

6. William David DURHAM was born about 1824 in Franklin County, Virginia.^4,7,14,15,16 He died Drinking on 28 Oct 1888 in Franklin County, Virginia.⁴ Virginia, Deaths and Burials Index, 1853-1917
about William S Durham

Name: William S Durham
Birth Date: abt 1825
Death Date: 28 Oct 1888
Death Place: Second District, Franklin, Virginia
Death Age: 63
Marital Status: Married
Gender: Male
Father Name: John Durham
Mother Name: E.
Spouse Name: Jane Durham
FHL Film Number: 2056982

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Franklin County, Virginia Death Records - 1853-1896 by Nell Hailey (1996)
Durham, William D (white male) (farmer) d. 28 Oct 1888 Franklin Co of drinking, aged 64yr, s/o John & E. Durham, b. Franklin Co, sp of Jane Durham, Isaac D. Brooks friend reptd.

William David DURHAM and Mary Jane WINGO were married on 7 Jan 1855 in Franklin County, Virginia.¹⁷ 1886-002 Franklin County
Chancery Causes: Mary Jane Durham by c vs William Durham tc
Transcribed by Byron K. Durham (3-3-2012)
http://www.lva.virginia.gov/chancery/case_detail.asp?CFN=067-1886-002

To the Honorable Henry M. Ford Judge of Franklin Circuit Court

Humbly complaining showeth unto your Honor, your oratrix Mary Jane Durham a fenu? covert who sues by Benjamin Durham her next friend, that she is now about seventy year sof age, infirm in body, and is now & has for a long number of years been the wife of one William Durham a citizen of this county, to whom she was lawfully married. That she has made a large family of children, all of whom, with one exception are now grown.

Your complainant further represents that she and her youngest daughter are now homeless and without any means of support except such as friends & her children give her; and that this is in consequence of the cruel treatment of her said husband who has actually driven her away from his house. That for sometime prior to this last cruel act of her said husband, he had been cruel to her in numberless ways, so much so sthat one of her sons had frequently to stay around the house to shield & protect her from the brutal assaults of her husband who upon various occasions would have done her serious bodily harm, but for its timely interferance of her son.

Complainant further represents that she has stood up under this trouble as long as it is possible, and now when driven from her home and shelter, she is forced to apply to the court for relief.

She charges that this trouble and brutal treatment was caused by her protesting bitterly against the conduct of her husband, who was keeping his mistress and concubine in the house where complainant lived, and that the neighbors having became so incensed of such conduct, actually drove the woman from their community.

Complainant represents that she has always been an affectionate and true wife to the said Wm durham, never having done anything to justify this total abandonment and cruel treatment which she has received at his hands. That as above stated she and her youngest daughter are now wanderers, driven away from home & within the necessary food & clothing to protect them from want and suffereing. That her said husband has attempted by both intimidation and bribes to prevent her sons who are grown men, from contributing to her wants.

That her husband is a man of considerable means, holding horses, ___ , hogs, & a considerable landed estate lying in Franklin Co., on poplar Creek, one tract containg 87 acres, 3 roads & 5 poles, the same conveyed to said Durham by Jeremiah Barbour & wife by deed of trust in Clerks Office of this county (D.B. 25 f 208) also a tract of 96 acres of land in said Poplar Creek the same purchased by him of E. Mofollom, with in all come ten or fifteen hundred dollars.

Which is force from land except perhaps a small balance due Wm Brooks and Geo. Kisler, amounting to some $50.80 or $75.00 which sum is secured by deed of trust executor by said Wm. Durham on 31 Dec 1880 to George Houseman trustee of recent in Clerks Office of this County (DB 34 p 30 ) a copy of which is filed as a part hereof marked A.

Complainant charges that her bushband has permanently and totally deserted her and forbidden her returning to the house he had driven her from and that his extreme cruelty to her comes render it impossible for her to live with him in any personal safety.

That her said husband is a very drunken man, perfectly irresponsible for his acts when in that condition, that he has been guilty of adultery and has totally violated every duty & obligation resting upon him as a husband.

Complainant charges taht she is entitled to a divorce from her said husband and also entitled to alimony, she therefore prays that the said Wm Durham, George Houseman trustee as aforesaid, Wm Brooks & Geo. T. Kisler may be made parties to this Bill and required to answer it's charges and statement herein.
May the said Wm Durham be required to pay complainant a sum sufficient to carry on this suit & for her maintenance and support during the term the same is perusing.

May she be decreed a divorce from the said Wm Durham, & after making provision for the payment of the balance due under said deed of trust may the court settle upon complainant a reasonable protion of her husbands estate.
May all necessary accounts be taken - grant Counsel unto __ : call such action further & general relief as the nature of this case requires of equity seems much as he will ever pray of.

Dillard O. Duprey P.Q.

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Virginia Franklin County to wit.
I, David H. Bergen, a Justice of the Peace for Franklin County, VA, do certify that Mary Jane Durham personally appeared before me in my county aforesaid & made oath that the facts set forth in the forgoing Bill are true. Given under my hand this 26th day of November 1884.

David. H. Bergen J.P.

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Virginia Franklin County to wit.
This day Benjamin Durham & _____ Durham, children of Mary Jane & Wm Durham personall appeared before me David H. Bergen, a Justice of the Peace for Franklin County, VA & made oath that they have heard the foregoing Bill, & that the facts set forth in said Bill of Complaint are true. Given under my hand this 26th day of November 1884.

David H. Bergen, J.P.

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On the motion of the plaintiff by her counsel in is ordered that the defendant William Durham do pay her on her allimonies the sum of $100.00 on demand and on his failure so to do this clerk of the Court is directed whom the application of said Doc____ to issue Execution for the above named sum which is oredered to be paid for the support maintenance of said plaintiff & to enable her to presecute this suit to Clerk Cir Co.

Hm. Ford
Franklin Co. VA - March 2nd 1883.

Mary Jane WINGO (daughter of Drewry WINGO and Betty (UNKNOWN)) was born about 1830 in Franklin County, Virginia.^4,7,15,16 She died on 20 May 1890 in Franklin County, Virginia.⁴ Virginia, Deaths and Burials Index, 1853-1917
about Jane Durham

Name: Jane Durham [Jane Wingo]
Birth Date: abt 1830
Death Date: 20 May 1890
Death Place: Second District, Franklin County, Virginia, United States
Death Age: 60
Gender: Female
Father Name: Drewry Wingo
Mother Name: Betty
FHL Film Number: 2056982

Franklin County, Virginia Death Records - 1853-1896 by Nell Hailey (1996)
Durham, Jane (white female) d. 20 May 1890 Franklin Co, aged 60yr, d/o Drewry & Betty Wingo, b. Franklin Co, sp of William Durham, John Durham son reptd. William David DURHAM and Mary Jane WINGO had the following children:

+22	i.	Benjamin DURHAM.
+23	ii.	John J. DURHAM.
24	iii.	Mary DURHAM was born about 1862 in Franklin County, Virginia.4,7,16 She died on 20 May 1890 in Franklin County, Virginia.4 Virginia, Deaths and Burials Index, 1853-1917 about Mary Durham Name: Mary Durham Birth Date: abt 1865 Death Date: 20 May 1890 Death Place: Second District, Franklin County, Virginia, United States Death Age: 25 Gender: Female Father Name: Wm. Durham Mother Name: Jane FHL Film Number: 2056982
25	iv.	Taswell DURHAM was born about 1866 in Franklin County, Virginia.4 He died Worms on 15 Aug 1874 in Franklin County, Virginia.4 Virginia, Deaths and Burials Index, 1853-1917 about Taswell Durham Name: Taswell Durham Birth Date: abt 1867 Death Date: 15 Aug 1875 Death Place: Secona, Franklin, Virginia Death Age: 8 Gender: Male Father Name: Davy Durham Mother Name: J. FHL Film Number: 2056982 ------------------------------------------------------- Franklin County, Virginia Death Records - 1853-1896 by Nell Hailey (1996) Durham, Taswell (white male) d. 15 Aug 1874 Franklin Co of worms, aged 8yr, s/o Davy & J Durham, b. Franklin Co, Davy Durham father reptd.
26	v.	Un-named DURHAM was born on 8 Jul 1883 in Franklin County, Virginia.4 Durham Virginia Births and Christenings, 1853-1917 birth: 08 Jul 1883 —Franklin, Virginia death: 08 Jul 1883 residence: 1883 —Virginia, United States parents: William Durham, Mary A. Durham record title: Virginia Births and Christenings, 1853-1917 name: Durham gender: Male birth date: 08 Jul 1883 birthplace: Franklin, Virginia death date: 08 Jul 1883 race: White father (or slave owner): William Durham mother's name: Mary A. Durham indexing project (batch) number: C00917-9 system origin: Virginia-EASy source film number: 2046935 He died on 8 Jul 1883 in Franklin County, Virginia.4 David Durham is listed as "rptd" - reported or (informant) to the death of William's stillborn child. David Durham is listed as "uncle".