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John Newberry and Zurviah Burtch

HUSBAND:
[F264]. John NEWBERRY. [PC M2].
Born on 16 August 1710 at Groton, New London, Connecticut; said to be the son of John NEWBERRY and Elizabeth STARK (S18), but this is not definitively proven.

There have been traditions among the NEWBERRY family that they had Indian ancestors. His grandson, James Abraham NEWBERRY [F66], was granted lands in Iowa in a tract exclusively set aside for Half-Breed Indians. However, at the time that he moved there, those set-aside lands were being sold to non-native Americans. His great-grandaughter Hannah Mariah NEWBERRY [F33] was said to wear a Bear Claw necklace, purported to have belonged to a Chief. Members of the NEWBERRY family have confirmed this tradition by letter. Research has shown the name NEWBERRY to exist extensively among the Chickasaw Indians (S9). The Chicasaw Indians are said to have been originally in New York, but then moved to the southeastern states of Mississippi, Tennessee, Alabama, and Kentucky (S10). They were later forcibly resettled in Indian Territory, in what is now Oklahoma, where the tribal headquarters remain today. It is most likely, however, that they were of the Wappinger Indian tribe. Solid evidence for such a connection is still lacking.

WHAT DO WE KNOW ABOUT JOHN NEWBERRY:

John married Zurviah BURTCH (S2), on 26 November 1739 at Groton, New London, Connecticut. (S18).

THE PHILIPSE PATENT:

John settled in Dutchess County, New York in the area known as the Philipse Patent. Dutchess County was formed where they lived in 1683, but it was so sparsely inhabited that on 18 OCT 1701 it was provisionally annexed to Ulster County for administration, and its freeholders were entitled to vote with Ulster County. It remained annexed to Ulster County until 23 OCT 1713, when its population had increased sufficiently that it was deemed necessary to have its own officers. The records of the county prior to 1718, if any were kept, were either lost or destroyed.

In 1719 the county was divided into three wards or precincts; designated Northern, Middle, and Southern (or South Precinct). The Newberry family lived in the area known as South Precinct (S2). The settlement of the South East area commenced about 1735 (S11). Land was held by tenants in large farms who paid yearly rents to the Philipse family or their agent.(S14).

One argument against the Newberry family being of Indian origin is the following statement:
“When questioned the Indian Chief, Nimham, said that all the Indians in the Philipse Patent had abandoned it long before 1756 (Pelletreau, p.121). Nimham and others of his tribe fought in the Revolution on the American side, and Nimham was killed.” (S14). However, if members of the family had joined the Christian faith, they might have not been counted as members of the tribe.

On 16 December 1737 the county was divided into seven precincts; designated Beekman, Charlotte, Crom Elbow, North, Poughkeepsie, Rhinebeck, and South East Town. From these seven, others were subsequently formed. About 1740 Fredericksburg Precinct was formed. It was named after Frederick Philipse, a descendant of the original patentee.

From the birth of the children it appears that John and Zerviah left Groton between 1742 and 1744.

In a 1747 list of the Fredericksburgh Precinct who were either freeholders or occupying land as tenants is found the name of "John Moberry". I believe this is John NEWBERRY, and is thus the earliest record of him found in this area of New York.

In the 1777 tax list of Philip Philipse Patent, John Newbury is listed in Fredericksburg Precinct with 6 in his household.

After the Revolutionary War, New York passed, on 22 October 1779, "An act for the forfeiture and sale of the estates of persons who have adhered to the enemies of this State, etc." By the provisions of this act, men were appointed as commissioners to sell confiscated properties of people who sided with Britain during the war. In the majority of cases, the lands were sold to the parties who were already in possession of the properties as tenants. Sales in Lot No. 7 list two properties for John Newbury, one with 125 acres and one with 60 acres. His father-in-law, Jonathan Burck (Burch) is also listed with 112 acres.

By the Act of 7 March 1788, "for dividing the counties of this State into towns" the Precincts were changed into towns and Fredericksburg Precinct became Frederickstown. Frederickstown was split in 1795, and Franklin was one of the towns formed from it.

John NEWBERRY's will was written 23 April 1796 (S1). He was listed as of Franklin. His wife is not listed, so presumably she had died by this date. He lists his children: Zerviah, Mercy, Jonathan, John, Edith, and Joshua. His will is witnessed by Samuel Cornwall, Darius Stone, and John T. Bryan. Executors are his sons Joshua and John, and Lewis Steffins.

The name of Franklin was changed in 1808 to Patterson. The will was probated 19 APR 1809, but was still listed as at Franklin--not Patterson--in Dutchess County, New York. (S1). It is therefore probable that he died early in 1809. Patterson later, on 12 June 1812, became part of Putnam County when it was created from Dutchess County. Putnam County was named for Major-General Israel Putnam, who was stationed there for some time during the Revolutionary War.

WIFE:
[F265]. Zurviah BURTCH. (Zurviah-S1,S4,S5)(Zerviah-S2)(BURTCH-S4,S5)(BURCH-S5)(BIRCH-S5,S18). [PC M2].
She was born 4 June 1713 (S1,S2,S4) at Stonington, New London County, Connecticut; daughter of Jonathan BURCH [F530] and Marcy RATHBUN [F531] (S1).

Her name is borne out by the name of their daughter by the same name, as named in John's will, and also by a granddaughter so named also.

She married John NEWBERRY on 26 November 1739 at Groton, New London, Connecticut. (S18).



Apparently sometime about the time the family moved to New York, occurred a "remarkable revival under Whitefield, Tenant, and others. While that work was progressing a number of members from a Presbyterian Church in a place called South Precinct, Dutchess County, now Franklin, Putnam County, withdrew and joined one of the Congregational order which held to open communion." A church was constituted on "Phillips Patent", where they were living, on 6 NOV 1753. It then was composed of nine members. Zerviah was one of the first signers of the Church Covenant. It is interesting to see on the list of first signers also the names of Babet and Susannah Burch, undoubtedly relatives of Zerviah's. It is not given why her husband was not a signer at the same time.

Elder Simon Dakin was one of the original dissenters, and was ordained the first pastor of the congregation, and served in this capacity until a few years before his death in 1803. He was said to have later embraced Baptist sentiments, and in fact, this information appears to have been taken from the book, Historical Sketches of the Use and Progress of the Baptist Church in Northeast Town, Putnam County, N.Y. by F.L.Minor, Church Clerk.

Zurviah died apparently before 23 April 1796 when her husband's will was written.

CHILDREN of John NEWBERRY and Zerviah BURTCH:
  1. Jonathan NEWBERRY. Born on 3 September 1740 in Groton, New London County, connecticut. (S17,S18). He married Elizabeth on 12 January 1766. He died on 23 September 1798 in Saratoga County, New York.
  2. (Rody Newbury-S17). Daughter, born 8 January 1741-1742 in Groton, New London county, Connecticut. Died probably before 1796, since she is not listed in her father's will.
  3. Eady (Edie) NEWBERRY. Born 8 January 1742, probably in Fredericksburg Precinct, Dutchess County, New York. He married Ruth BURT. He lived at Frederickstown (Which became Franklin and then Patterson), in Dutchess County, New York. Edy Newbury served in the American Revolution in the capacity of soldier - 4th Regiment - Orange County Militia, NY." See: "New York in the Revolution", James A. Roberts, Comptroller, Albany, NY; Brandow Printing Co., 1898, p. 166. He died 12 MAY 1818 in Patterson, New York. His wife died on 18 APR 1818. They were both buried in the cemetery at the Second Baptist Church near Patterson, located on the north side of the road from Patterson to Carmel. By then Patterson had become part of Putnam County. On 25 OCT 1921 the bodies and headstones of "Edey and Ruth (Burt) Newbery" were moved to Catskill, New York where they were placed beside their children, Joel and Sally Squire Newbury.
    It appears that Rody and Eady were twins, but Eady is not listed in the Groton Vital Records (S14) as is Rody.
  4. Joseph NEWBERRY. Born in 1744 in Fredericksburg Precinct, Dutchess County, New York. d. Bef. April 23, 1796.
  5. [F132]. John NEWBERRY. [PC M2]. Born in 1744(1746-S17), probably in Fredericksburg Precinct, Dutchess County, New York. He married Jemima BENEDICT on 1 JUN 1770. He died on 4 January 1818 at Bellevale, Orange County, New York.(S17).
  6. Elizabeth NEWBERRY. Born in 1748-1749 in Fredericksburg Precinct, Dutchess County, New York. She married Benjamin LOWE on 30 NOV 1771. d. Bef. April 23, 1796.(S17).
  7. Zerviah NEWBERRY. Born about 1750-1751 in Fredericksburg Precinct, Dutchess County, New York.
  8. Joshua NEWBERRY. Born in 1752-1753 in Fredericksburg Precinct, Dutchess County, New York. He apparently lived there all his life. He married Mary STEVENS.
  9. Mercy NEWBERRY. Born in 1754-1755 in Fredericksburg Precinct, Dutchess County, New York. She died 9 FEB 1828.
  10. Zilpha (Zilphia-S17)(Zylpha) NEWBERRY. Born in 1756-1757 in Fredericksburg Precinct, Dutchess County, New York. She married Sabin Taber Johnson, probably in Dutchess County, New York. Sabin died 17 June 1831; and was buried in the Budlong Cemetery, Oneida County, New York. Zilpha died on 12 November 1831; and was buried in the Budlong Cemetery, Oneida County, New York.
  11. Edith NEWBERRY. Born probably in Fredericksburg Precinct, Dutchess County, New York.


SOURCES:

APPENDIX 1:

Newberrry/Benedict Service Records

Posted by Sue Simonich on Thu, 22 Jun 2000, in response to Benedict - Newbury Rev. War Muster Rolls, posted by Glenn Marshall - New Windsor Town Historian on Fri, 02 Jun 2000

Surname: Newberry, Benedict Regarding your posting on Orange Co. rootsweb about service of the Benedicts and the Newberry's. In my Newberry files I have a letter from the New York State Library dated April 24, 1930 showing the abstracts of the records of the Revolutionary War for service of Edy and John Newbury. The Elder John Newberry was not included in these records due to his age. According to the letter Ede Newberry refused to sign the Articles of Association at Goshen Precinct, Orange Co. June 21, 1775. There is other reference material attached to his case in the letter. John Newberry is listed as a private in the fourth regiment of Orange County Militia (Land Bounty rights). John Newbury appears on a list of "Claim for Damages by the American Army". John Newberry refused to sign the Articles of Association in Goshen Precinct, Orange Co. June 21, 1775. Col. Hathorn pleaded for clemency in the case of John Newberry, fined by court martial October 1778, on grounds that Newberry has satisfied Hathhorn "that he is an infirm person seldom capable of marching or undergoing the least fatigue." Public Papers of George Clinton 4:270,272. Regarding Joseph Benedict, son of Elder James Benedict of Warwick, N.Y. I have information from a publication indicating that he ran away to join the army under George Washington. He lied about his age.

APPENDIX 2

Orange Co. NY Bible Records

Newberry Bible circa 1769 Posted by Sue Simonich on Fri, 02 Jun 2000 Surname: Newberry, Mack, Sherman, Dunn, Boivin Jonathan Newberry Bible Record circa 1769 Original family from Groton, Connecticut Migrated to Dutchess, Orange, Franklin and Putnam Counties in New York State The Bible originally belonged to Jonathan Newberry b. September 3, 1740, who was the son of John Newberry and Zurviah Burch Newberry circa 1710 Ownership passed to Jonathan's son, Nathaniel Newberry. The Newberry Bible is currently in the care of Sherman Boivin of Santa Rosa, California. This HOLY BIBLE was originally . . . Published in Edinburgh 1769, Printed by Alexander Kincaid - His Majesty's Printer MDCCLXIX Rebound at Saratoga Springs, N.Y. in 1826 The Bible contains the Old and New Testaments The inside cover contains the notations the book is "Newly Translated out of the ORIGINAL TONGUES And with the former TRANSLATIONS Diligently Compared and revised. By HIS MAJESTY'S special command. Appointed to be Read in CHURCHES."

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The Births and Deaths in the book are as follows (Note: the variances in spelling of the surname are consistent with the document written in the original hand)

-Jonathan Newberry born September 3, 1740 Said Jonathan Newberry died September 23 1798 -Elizabeth Newbery born June 18, 1748 Jonathan and Elizabeth Newberry married January 12, 1766 Children: Hannah Newbery born September 27, 1766 Jonathan Newbery Junior born July 17, 1768 Said Jonathan Newberry Junior died June 10, 1798 Joshua Newbery born June 30, 1770 Elizabeth Newbery born November 21, 1772 Zurviah Newbery born January 25, 1775 Anna Newbery born March 25, 1777 John Newbuery born June 28, 1779 Sarah Newberry born September 9, 1781 Nathaniel Newberry born December 14, 1783 Joseph Newbery April 27, 1786 William Newberry born April 23, 1788 Esther Newberry born November 6, 1790 Next generation: -Nathaniel Newberry born December 14, 1783 Said Nathaniel Newbury died February 5, 1849 Jane Mack Newbery born March 9, 1790 Said Jane Newbery died January 9, 1852 Nathaniel and Jane Newbery married February 8, 1810 Children: Peter Mack Newberry born December 14, 1810 at 5 o'clock William Newberry born January 14, 1813 Maryann Newberry born November 4, 1815 Nathaniel Newberry Junior born December 6, 1818 John Newbery born December 21, 1821 Nelson Newbery born December 19, 1824 Alzina Newberry born March 13, 1828 Phebe Jane Newberry born July 2, 1833 -end-

Transcribed from photographic copies of the original document supplied by owner, Sherman Boivin.

Additional written history by Sherman Boivin

Transcribed by Sue Simonich for Internet use with permission of Sherman Boivin

Family History -

Sherman Boivin's great grandmother, Phebe Jane Newberry, was born in Saratoga, N.Y. the youngest child of Nathaniel Newberry and Jane Mack Newberry. Phebe Jane married Franklin Sherman in Michigan and migrated west to California in 1864. They traveled with two girl children. The youngest daughter Mariam, died enroute and is buried in Soldier's Cemetery at Ft. Douglas in Salt Lake City. The oldest daughter was Sherman Boivin's grandmother Ida Jane. They followed Franklin's brother, John Sherman to the California gold fields as 49'ers during the Gold Rush Era. They had good success in the gold fields. The family bought land and settled in Santa Clara County. In 1875 they moved to Sonoma County, settling in the Lakeville area where they were farmers. Phebe Jane's older sister Alzina married Daniel Dunn, a native of Vermont. They went west by train about 1872. They carried the Bible with them to California. Sherman Boivin became heir to the Bible when two of Alzina's daughters (never married) died in about 1950. Both Julia and Viola Dunn lived to their nineties. Nathaniel's oldest son, Peter Newberry settled near Quincy, Michigan - just a few miles east of Coldwater, Michigan. The property is still owned by descendants. There are a number of Newberry descendants in the immediate area. Peter Newbery was considered an early settler of the state.

The Orange Co. NY Bible Records is maintained by cvrsvr@yahoo.com, using GenBBS 1.14.