James
Burns
James Burns was aged 63 years in 1820, thus born about 1757. His Revolutionary War pension papers (S35805) indicated that he enlisted for the war in Cumberland County, Pennsylvania on August 19, 1776, serving under Captain Samuel Miller in the 8th Pennsylvania Regiment commanded by Colonel McCoy and that he served as a private for 3 years and 26 days. He was discharged at Fort Pitt, was then under the command of Col. Broadhead who commanded the 8th Regiment and received his discharge from Colonel Stephen Byard. He applied for this pension in 1818 from Pendleton County, Kentucky and included among his pension papers was a request for (perhaps his lawyer?) Robert Taylor, for a Revolutionary War pension for another man, William Wharton. The latter was involved in a circuit court case in Bourbon County, Kentucky (Bourbon County Order Book A:394) dated May 1791 in which e accused John Wilson and wife and James Burns on slander. This John Wilson in his will, written March 12, 1795, probated October 1795, names as his only heir, his son-in-law James Burn. William Wharton later appears in early Pendleton County, Kentucky records also. Thus, it appears that James Burns' wife later appears in early Pendleton County, Kentucky records also. It appears that James Burns' wife was Eleanor Wilson, daughter of John Wilson of Bourbon County, Kentucky. Her given name is found in two documents: first in a Bourbon County Court case involving Thomas McLay, dated February 24, 1792 (old case file #13--now #456 in Box #2 at the Kentucky Department for Libraries and Archives in Frankfort); and secondly in James Burns' pension files, where Eleanor is listed as age 65 years on October 16, 1820. Eleanor was apparently deceased by 1834 in that she is not named in her husband's will.
James Burns' name appears on the first tax list for Bourbon County (1787) through 1789; in 1791; and from 1796-97. In 1799, a Jean/Jane Burns and a John and Garret Burns appears; it is not known if they are related or not. A James Burns appears on the 1797-1798 tax lists for Campbell County, Kentucky, then from 1807-1809 and is on the 1810 census there (the only James Burns on the 1810 Kentucky Census) with apparently four sons and two daughters if all the children in the household are "his." He appears on the Pendleton County, Kentucky tax lists for 1801-1805 (in 1801 he is called James Burns Sr.) and again for 1814-1819 when that part of Pendleton County where he lived became Grant County. He is then on the Grant County tax lists 1820-1829 but no James Burns appears on the 1830 Kentucky Census. There is a man by that name on the Boone County, Kentucky tax lists for 1821, 1824, 1827, 1818, 1829, 1831, 1833. He does not appear on the Grant County, Kentucky deed indexes. His will was written January 14 and probated July 1834 in Boone County, Kentucky. Names his children: Thomas ("my oldest son"), "next oldest child Margaret Aydelott, "my next oldest child" Elizabeth Burns, "my next oldest child" Samuel Burns, "my next oldest child" David Burns, my daughter Polly Webster, wife of Biven Webster "who (referring to Polly) has had a great deal of trouble with me and my companion, her mother", daughter, Nancy Points, son George Burns, son William. Witnesses were U. W. Webster. T.G.P. Cunningham and Wm. Franks. (Boone County, Kentucky Will Book C:26). Additional research needs to be done in Boone County court orders and deeds. Three additional Bourbon County circuit court cases (vs. Benj. Harrison; vs. James McLay; and vs. Jno. Standeford) as listed in the index to Bourbon County "case files" did not reveal any additional genealogical information; Probable children, based on his will:
1. Thomas Burns, apparently born between 1775-1794 (1820 census) may have been the man by that name who married Catharine Cayton on March 3, 1807 (bond) Pendleton County, Kentucky. He is on the 1820 census for Grant County with seven children. There is a Thomas Burns on the 1830 census for Gallatin County, Kentucky, it is not known if this is the same man, and research needs to be done in that county's records.
2. Margaret Burns who married first Samuel Hutchason June 12, 1804 in Pendleton County, and then John Aydelott on May 6, 1819 in pendleton County.
3. Elizabeth Burns who was unmarried in 1834.
4. Samuel Burns who married Eve Franks in Switzerland County, Indiana September 5, 1816. He had served in the War of 1813 with Childers' Company of Mounted Volunteers and was deceased by February 20, 1823 in Grant County (he is last on the 1822 Grant County tax list). He left three children for whom there is additional information.
NOTE by Beulah Wiley Franks ~ October 22, 2001: I must differ with Janet's information on Child #4. I do not think son Samuel Burns named in the will of James Burns, is the Samuel Burns who married Eve Franks, daughter of John Martin and Elizabeth (Lail) Franks, in Switzerland County, Indiana on September 5, 1816. James Burns did name a son, Samuel, in his January 14, 1834 will, probated July 1834 in Boone County, Kentucky, willing him $1, however, the Samuel Burns who married Eve Franks was deceased at the writing of James Burns' will, having died in Grant County in February 1823, with Jacob Franks being appointed administrator of his estate. Samuel Burns, husband of Eve, did serve in the War of 1812 with Captain Childers' Company of Mounted Volunteers. He and his wife, Eve, had three children: James, Elizabeth "Betsy", and David.
5. David Burns married Margaret Franks on February 28, 1816 in Fayette County, Kentucky and he is on the 1820 and 1830 census records there. He died between September 1837 and 1838 in Grant County leaving descendants; five known sons.
6. Polly Burns married Bivin Webster (perhaps this is the "Benoni" Webster marriage, 1822 in Grant County). She is mistakenly listed in the 1850 Grant County Census as being only 39 years old; by 1860, she is listed as 67 years old. Additional information is available on her children.
7. Nancy Burns married John Points June 13, 1815 Boone County, Kentucky, with Samuel Burns being bondsman with the consent of her father James Burns (the consent form is very hard to read due to smudges). This couple may have divorced or separated, with John Points going on to Schuyler County, Illinois where he married again to Mary Elizabeth in 1833. Nancy (Burns) Points may be the Nancy "PINTS" who appears on the 1840 and 1850 census for Mississippi County, Arkansas, but who then disappears from the records.
8. George Burns may be the man by that name who married Polly Richardson in 1825 in Grant County. He is on the Grant County tax lists for 1823-1827.
9. Williams Burns may be the man by that name who married Joanna Delph in 1827 Boone County, Kentucky.
Researched
by Janet
Pease
10310
W. 62nd Place, #202
Arvada,
Colorado
80004.
Used
with
permission.
Published
in Footsteps of the Past, March 23,
2000.
Beulah Wiley Franks
Grant County Coordinator, KY/ALHN