12/19/08

Young and Barrow Family of Lee County Highlights

Young & Barrow Family Descendants Beth,  Serena, Christy, Derek, Olivia
front row Beth, Serena, Olivia, Christy   -   Back row Craig, Derek, Casey


The Barrow and Young families were pioneers & leaders in Lee County, Georgia

Both families donated land or money for the first schools

GGGrandfather Moses Barrow fought in the American Revolution

Great Grandfather John Thomas "Jack" Barrow fought in the War Between the States

Great Grandfather John Jacob Young fought in the War Between the States

Smithville is named for GGrandmother Martha “Mattie” Carolyn Smith

The Young's originally came from Wutenberg, Germany

The Barrow's originally came from Lancanshire, England

The Barrow's came to Lee County by wagon train



Interest in education continues. Four descendants of the Young and Barrow families earned Masters Degrees and trained to be teachers.


Our descendants of these families:

Serena Young Windham, Elizabeth "Beth" Young Smith Ruyle Hullinger, Leigh Ann Ruyle, Derek Watson, Christy Tucker, Olivia Tucker








Charles Oscar Young Farm & Smithville GA

Map courtesy of Buddy Clanton, shows the Young Farm just east of Smithville


Documents listed on the link below

 

ABSTRACT OF WILL  [Revised  1977]

 

State   Georgia         County  Lee        District ___________  City  Leesburg

 

Name and Address of Court House   Lee County Court House Leesburg, Georgia 31763

 

Title of Volume  Lee County Wills; Volume No.  A      Page No.  148

 

NAME OF DECEASED     John A Young

Place of residence at time of death  Lee County, GA.

Will date  10-19-1889     Probate date  2-4-1891

 

Name of Spouse  Mary A. Young

Sons:  Charlie A., John H. & William M. Young

Daughters: Martha C. Horne, W. H., Alice M. & Louise J Young; Carrie & Lealie S. Young.

 

Pertinent bequests:  Land lot #135 in the 16th District of Lee County & ½ of land lot # 129 in the 16th District with his wife having for herself 25 acres of lot # 135.

 

Executors;  Charlie & John H. Young

 

Witnesses:  G. W. Warwick, C. A. Rhodes and R. P. Satter.

 

If this record is a manuscript or private paper, state the author, date and name of present owner with address.

 

COPIED BY:        Monnie S. Lewis

Date Copied:         Dec 9, 1977

Name of Chapter: Thronateeska  

City:                      Albany, GA




11/5/08

Sisters Serena and Beth and Family


Serena Young Windham and Beth Young Ruyle Hullinger were adopted in Georgia. They found each other and were reunited for the first time in October 2008. Beth is on the far left, Serena is next to her. 






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9/14/08

Barrow Lancashire County UK Links



Places to Visit in Lancaster, Lancashire, United Kimgdom


Barrow Monument

http://en.wikipedia.org/wiki/Hoad_Monument


http://www.sirjohnbarrowmonument.co.uk/


http://en.wikipedia.org/wiki/Ulverston




Lancaster Castle, Lancaster

Lancaster Castle

Shire Hall
Castle Parade
Lancaster
Lancashire
LA1 1YJ
Tel : +44 (0)1524 64998
Fax : +44 (0)1524 847914



Website: click here

Discover one of the most important historic monuments in the North West ...

This fascinating Grade 1 listed building has dominated Lancaster for almost 1000 years and is one of the best preserved and hardest working castles in the country.

See the place where the Lancashire Witches were convicted and condemned to die. Experience the dungeons and imagine what it was like to have been imprisoned there. Visit the Crown Court where thousands of convicts were transported to Australia and then marvel at the beautiful Gillow furniture in the Grand Jury Room and the famous display of heraldry in The Shire Hall.

Lancaster Castle also has a regular programme of theatrical and musical evenings for which early booking is highly recommended. 
Lancaster Castle, Lancaster

Facilities
Historic House, Car Park, Private Group Tours, School Tours Available, Parking within 100 metres, shop, admittance to guide dogs, limited access for disabled users, theatre event

Directions
Leave M6 at jct 33 or 34 and follow signs for Lancaster City Centre. Once in the city centre follow signs for the Castle a


Go Back to Lancashire?

More Places to Visit in Lancashire?

Places to Stay near Lancaster Castle

Grange Hotel, Grange-over-Sands, Cumbria
Lancaster House Hotel, Lancaster
The Sun Hotel, Lancaster
Knoll Country House, Lake Side
Cambridge House Hotel, Millom


Castles in Lancashire, England.


Astley Hall, Chorley
Astley Hall, Chorley
In a picturesque corner of England, this county is surrounded by some of the most beautiful country side in the country. Cumbria and Yorkshire to the north and east and Derbyshire, Cheshire and England’s third city,Manchester, to the south. Walkers love the peace of the Lancashire dales, the Forest of Bowland’s silent hills and the deserted lanes which lead to eerie Pendle Hill, surrounded by stories and legends of the infamous Pendle witches.

Lancaster itself is a small but perfectly formed county town dominately by the Castle (owned by the Queen). Famous for much in the past, Lancaster is gaining a reputation for award winning attractions and fabulous historical festivals, enactments and promotions.



Directions from Barrow in Lancanshire to Barrow in-furness in Cumbria



Barrow-in-Furness - Piel Castle - Cumbria





Barrow Castle, Kerry County, Ireland





Barrow Castle, Bath, England



Lancanshire County





                       
BARROW BOATMAN'S SONG. Irish, Air (3/4 time). E Minor (G Major)/A Dorian. Standard tuning. One part. "Taken down by Mr. O'Leary while the man was rowing and singing" (Joyce). Joyce (Old Irish Folk Music and Songs), 1909; No. 286, pg. 136.
                       



9/13/08

Beth Ruyle, Craig Hullinger, Bret Hullinger



























More photos at ruhu12.com


Lots more photos here

amunegypt.blogspot.com


What we Know about Mable Grace Young

Mable Grace Young Burnam

She was born in Lee County, Georgia on 7/17/24.

'Mable died in 11/30/2003 in Chamblee, Ga

She is buried in Sunnyside Cemetery in Cordele, Georgia.

Her address in Chamblee at the time she died was 3891 Captain Drive.


Her parents were Charles Oscar Young and Mable Barrow Young.

She worked for the Bell Bomber Plant in Marietta during World War II.

H. M. Patterson Funeral Home Oglethorp Hill 404 261 3510 - the obituary only lists a sister, Ethel Waters of Ellaville, Georgia and several nieces and nephews.

Could not find Aunt Ethel Waters in Ellaville, but the town only has 1600 people, and there are three Waters listed, who are likely your cousins.


Hamilton B Waters 2806 Concord Church Road 229 937 5184


Joan Waters RR1 Box 145-3 229 937 9002


Michael E Waters 229 937 5206


http://www.ellavillega.com/


Lee County is a small County in Southwest Georgia. Leesburg and Smithville are the two towns. It is 38 miles south of Ellaville, where her sister lived. It is about 85 miles southwest of Warner Robbins.


http://www.lee.ga.us/about/index.html#where

http://www.leecountylibrary.org/

http://www.mygeorgiagenealogy.com/ga_county/lee.htm

_____________________________
Atlanta Journal-Constitution, The (GA) -
December 1, 2003

Deceased Name: MABLE YOUNG BURNAM
79, of Chamblee died Saturday. Funeral, 3 p.m.
Wednesday, H.M. Patterson & Son, Oglethorpe Hill.
____________________

Mable Grace Young Burnam filed a law suit on age discrimination
http://vlex.com/vid/38404467


Mable Y. Burnam, Plaintiff-Appellant, v. Amoco Container Company, Defendant-Appellee. No. 84-8442. Non-Argument Calendar., 755 F.2d 893 (11th Cir. 1985)

Federal Circuits, 11th Cir. (March 20, 1985)

Docket number: 84-8442
Permanent Link: http://vlex.com/vid/38404467
Id. vLex: VLEX-38404467

Her attorney in 1988 Jay W. Bouldin, Jonesboro, Ga., could not find him.

Jay W. Bouldin, Jonesboro, Ga., for plaintiff-appellant.

Charles A. Edwards, Atlanta, Ga., for defendant-appellee.

Appeal from the United States District Court for the Northern District of Georgia.

Before RONEY, ANDERSON and CLARK, Circuit Judges.

PER CURIAM:

Appellant, Mabel Y. Burnam (Burnam), appeals from the district court's dismissal of her complaint in an age discrimination action. The issue presently before this panel is the threshold question of whether this court has jurisdiction over Burnam's appeal.

Background

On January 26, 1984, appellant filed a complaint against appellee, Amoco Container Company (Amoco), alleging that she was a victim of age discrimination. On February 21, 1984, appellee filed its answer and a motion to dismiss.1 On April 5, 1984, appellee filed a supplement to its motion to dismiss. On April 12, 1984, appellant filed a response to appellee's motion to dismiss and its supplement. On April 13, 1984, the trial court entered its order dismissing appellant's complaint.

No further motions or other documents of any nature were filed by either party after the April 13 order. Nonetheless, on April 23, the district court, on its own volition, entered another order, explaining that it had not received appellant's response to appellee's motion to dismiss until after the April 13 order was entered. The April 23 order further stated that

[t]he court has now considered the plaintiff's arguments in opposition to the motion to dismiss and finds them to be without merit. The court's order of April 13, 1984, remains the order of this court. The instant order is issued as a clarification of the grounds set forth in the previous order.

On May 17, 1984, appellant filed a notice of appeal appealing "from the final judgments entered April 13, 1984 and April 23, 1984...."

Discussion

A notice of appeal must be filed with the clerk of the district court within thirty days after the date of entry of the judgment or order appealed from. Fed.R.App.P. 4(a)(1). The filing of a timely notice of appeal is a jurisdictional prerequisite. United States v. One Remington 12 Gauge Shotgun, 709 F.2d 1468, 1469 (11th Cir.1983). Therefore, in the instant case, unless the April 23 order tolled the time for filing a notice of appeal, appellant's May 17 filing was untimely and this court lacks jurisdiction. Resolution of this jurisdictional question requires us to determine what effect, if any, a district court's sua sponte reconsideration of an otherwise final judgment has on the passage of time allotted for the filing of a Notice of Appeal. 


To make this determination, we first must decide whether the district court entered its April 23 order pursuant to Federal Rule of Civil Procedure 59 (as Burnam contends), or Rule 60 (as Amoco contends). Next, we must decide whether the Rules authorize the district court to enter such an order in the absence of a motion by either party.

Before examining the unusual situation presented in this case by the district court's sua sponte reconsideration of its order, it is helpful to review the more common operation of Rules 59 and 60. Ordinarily, the court considers relief under these rules pursuant to a motion by a party. The rules afford different types of relief, and the motion is characterized as either a Rule 59 or Rule 60 motion depending upon the type of relief requested. E.g., Morgan Guaranty Trust Co. v. Third Nat'l Bank of Hampden County, 545 F.2d 758, 760 (1st Cir.1976) (nomenclature does not control the legal status of a post-trial motion; motion seeking relief improperly under Rule 60(a) treated as a Rule 59(e) motion). 


Characterization of a motion as a Rule 59 or a Rule 60 motion has a critical impact upon the passage of time allotted for the filing of a Notice of Appeal. A timely and proper Rule 59 motion suspends the judgment's finality and tolls the running of the time for taking an appeal. See Williams v. Bolger, 633 F.2d 410(5th Cir.1980). A Rule 60 motion, however, does not affect the finality of a judgment or suspend its operation for purposes of appeal. See Alber v. Gant, 435 F.2d 146 (5th Cir.1970) (Rule 60(a) motion to correct a clerical error); Conerly v. Flower, 410 F.2d 941 (8th Cir.1969) (Rule 60(b) motion). Thus, our first task is to determine whether the district court's April 23 order was entered pursuant to Rule 59 or Rule 60.

Proper characterization of the April 23 order requires an analysis of exactly what the district court did. On April 13, the time for filing an answer to appellee's original motion to dismiss having long since run,2 the court dismissed appellant's complaint based solely upon appellee's "unopposed" motion to dismiss and memorandum in support thereof. Immediately thereafter, the court received appellant's memorandum in opposition to appellee's motion to dismiss, which sets forth an eight-page legal argument against dismissal of appellant's complaint. The court reviewed the memorandum, considered the merits of appellant's legal arguments, and determined that its earlier conclusion to dismiss the complaint was correct. Accordingly, the court entered another order on April 23 to that effect.

This scenario most closely resembles a district court's denial of a Rule 59(e) motion to alter or amend judgment. Appellant's memorandum argued against dismissal of her complaint. By the time the district court reviewed her memorandum, the complaint had already been dismissed. Thus, in considering appellant's arguments, the court effectively considered whether or not it should vacate the judgment of dismissal. Since a motion to vacate a judgment of dismissal and amend the complaint is generally characterized as a Rule 59(e) motion, e.g., Kelly v. Delaware River Joint Comm'n, 187 F.2d 93 (3d Cir.1951), cert. denied, 342 U.S. 812 , 72 S.Ct. 25, 96 L.Ed. 614 (1951), a district court's sua sponte consideration of such relief should also be deemed pursuant to Rule 59(e). Viewed thusly, the April 23 order would, as an order entered pursuant to Rule 59, toll the time for the filing of a notice of appeal.

Determining whether the district court acted pursuant to Rule 59 or Rule 60, however, is not the end of our inquiry. It must next be determined whether a district court may, sua sponte, consider the availability of Rule 59(e) relief. The Rules of Civil Procedure are unclear on this point. For example, Rule 60(a) authorizes the court to correct clerical mistakes and other errors on its own initiative. Likewise, Rule 59(d) states that a court may grant a new trial on its own initiative. In contrast, Rule 59(e) is silent on the power of the court to order relief on its own initiative. Arguably, such silence implies that the court lacks such power. We decline to make such an inference. As the authors of one treatise explain, "[t]he authorizations in Rules 60(a) and 59(d) for the court to act on its own motion are only declaratory examples of the general power of the court to act on its own initiative." 6A Moore's Federal Practice p 59.12. Thus, so long as the court acts within ten days after the entry of judgment, the court has the power on its own motion to consider altering or amending a judgment. Id. The district court, therefore, had the power to review appellant's memorandum and enter the April 23 order pursuant to Rule 59(e) on its own motion.

Conclusion

We conclude that the district court had the power under Rule 59(e) sua sponte to consider altering or amending the April 13 order and that the April 23 order was entered pursuant to Rule 59(e). Consequently, the time for filing a notice of appeal was tolled. The Notice of Appeal having been timely filed, this court has jurisdiction.

IT IS SO ORDERED.

1 Amoco's documents were filed the first business day of the district court following the expiration of the twenty-day answer period. Apparently because of an intervening holiday, Burnam had miscalculated the due date for the answer and requested the clerk to enter a default judgment. The clerk entered default against Amoco on February 22. Recognizing the miscalculation, the district court vacated the entry of default in its April 13 order

2 The Local Rules of the Northern District of Georgia allow ten days in which to file a response to an answer. N.D.Ga.Rule 91.2. We express no opinion as to the effect Amoco's supplemental motion filed on April 5 had on the running of this period


Other documents:


hempstead bank plaintiff-appellant v james e smith comptroller of the currency of the united states an... 49 CFR 37.15 Temporary suspension of certain detectable warning requirements. 50 CFR 660.25 Vessel monitoring system. edicto (77/2003). HCSC-Laundry v United States 450 U.S 1 <> per curiam < /I> 1981 Case of Tribunal Supremo Sala Quinta de lo Militar of December 03 2003 corrección de errores al anuncio publicado en el boc número 256 de 30 de diciembre de 1999 de la convocatoria para cubrir mediante concurso una plaza de técnico de info... anuncio del instituto ramon llull, sobre aprobacion de unas bases. Resolución de 28 de mayo de 2008, de la Secretaría General de la Consejería de Administración Autonómica, por la... ANUNCI de l'Ajuntament de Naut Aran, sobre aprovació inicial d'un projecte urbanístic.





Mable Young Family Locations



Map courtesy of Buddy Clan. It shows the farm of Grandfather Young, as well as Smithville just west of the farm.




Map showing Mable Young family locations. She was born in Lee County (B), and buried in Cordelle. Her daughter Serena lives in Warner Robins. Her sister and perhaps her nieces and nephews live in Ellaville.


Young Family - Deidrich Cemetery

Photo of Headstone courtesy of Buddy Clanton. John Deidrich immigrated with Great Grandfather Young.  Note the reference to Lemmersboch the Kingdom of Wurtenburg, Germany.











Serena & Beth

Keep finding things out about your family history.  The account below shows your cousins tending to the graves of your Great Grandparents Young in 2003. Also appears that your Great Grandfather served in the War Between the States. I put it on the blog.

Lee County Georgia Cemeteries - Deidrich Cemetery

Submitted by Debra Boswell Crosby http://www.genrecords.net/emailregistry/vols/00010.html#0002467 ************************************************ Copyright.  All rights reserved.
http://www.usgwarchives.net/copyright.htm 
http://www.usgwarchives.net/ga/gafiles.htm
************************************************  surveyed by the Lee County Historical Society Deidrich Cemetery 100 yds. S. of where Co. Rd. 154 & Hwy 118 connect County Map - Grid A-3  Name                                                    

Born   Died  Deidrich, John  Jun 8, 1808  Dec 17, 1892 Deidrich, Susan Adaline Monk wife of John Deidrich Sep 26, 1825  Jun 27, 1901 [now marked]                    

Susan above is unmarked grave Deidrich, Ida Forrest dau of John and Susan unmarked  Apr 27, 1863  Nov 7, 1864 [now marked]  taken from the Lee County History Book by Debra Boswell with permission of the Lee County Historical Society...May 2001   

Note: The grave of Ida Forrest Deidrich was marked in April 2002 at the same time of Susan,her mother. John's grave was marked by probably his youngest dau, Annie Lee Deidrich Murphy.  

Susan Adeline Monk Deidrich Born Sept 26, 1825 Ga. Died June 27, 1901 Quitman, Ga. Married John Jan 28, 1841  in Bibb Co. Ga. Gt. Gt. Grandmother of L. B. Clanton Placed by Buddy Clanton.    

In Memory of Our Father John Deidrich Born  at Lemmersboch Kingdom of Wurtenburg Germany June 8, 1808 Died Dec 17, 1892   In 2003 the grave of John Jacob Young was marked with a Confederate Veteran's headstone

  [Ken Green - Ben Young - myself and another person]. In addition to this, I had iron crosses made and erected marking the graves of but no ID [Names] Mary Horne Jones [widow] Young, wife of John J. and the two McGrady Infants buried without a name. I had them marked in July 2004.

submitted by Buddy Clanton buddyclan@aol.com Aug 2004       

Photos of these headstones can be seen at
http://www.usgwarchives.net/ga/lee/photos/tombstones/deidric1.jpg http://www.usgwarchives.net/ga/lee/photos/tombstones/deidric2.jpg http://www.usgwarchives.net/ga/lee/photos/tombstones/deidric3.jpg  



Sisters Serena and Beth

Sisters Beth and Serena Serena Young Windham and Beth Young Smith Ruyle Hullinger were adopted in Georgia. We knew nothin...