Do you have an ancestor in your tree whose death date and place is unknown? That’s been my struggle with my 3rd great grandmother, Elizabeth Ann Bland Burke.

Elizabeth’s husband, Henry Burke died in 1845. He is buried in Laurel Hill Cemetery in Weston, Missouri. Elizabeth Burke is found on the 1850 and 1860 census living in Platte County, Missouri. However, she is not there in 1870. Nor, have I been able to find an Elizabeth Burke living across the Missouri River in Kansas.

Since Mrs. Jane Burke married Joseph Moore in 1866, I’ve wondered whether Mrs. Jane Burke was my missing Elizabeth Ann Burke. However, I’ve never found anything connecting Mrs. Jane Moore to the children of Henry and Elizabeth Burke.

At some point, I located a HORNBUCKEL deed to partition land that Elizabeth Burke had purchased in 1851.

Platte County Missouri
Deed records 1839-1895

Deed Index v. 7-8 1876-1879
Film 988239 DGS 8486504

Vol. 7 p. 584
Image 298

To all to whome these presents shall come
know ye that whereas at the November term 1876 of the
Weston court of Common Pleas of the said county of
Platte in a certain quit then pending in said court
wherein Gilford Hornbuckel and Sarah Hornbuckel
his wife and Hiram Curry and Anglina Curry his wife
were petitioners against John M. Burk and Milton E. Burk.
defendants for the petition of the following described real
estate situate lying and being in the county of Platte
and state of Missouri to wit.
All of the east half of the south west quarter of section (34)
thirty four in township (54) fifty four and range (36) thirty six
lying and being situated in Weston township Platte County
Missouri save and except (1) one acre beginning at the north east
corner of said east half and running thence west (20) twenty poles
thence south (6) six poles thence to the eastern line of said quarter
section then to the beginning and also except all that part
of said east half of said quarter section lying east of Bear
Creek on the southeast corner of said East half.
The said court then and these decried that partition of
said land be made among the parties according to their
respective interest and it appearing to said court that
said land could not be divided in kind amongst the
parties therein the undersigned Marshall of the Weston
court of common pleas was ordered by said court to
sell said real estate and it was thence ordered and de
=creed by said court that the said marshall proceed to
advertise and sell the same according to law all of
which facts and orders of court fully appear from the
records of said court and whereas a certified copy
of said order of sale was duly made out by the clerk
of said court and to him the said marshall delivered dated
March 12th 1877 and where as in obedience to said order
of sale I the said Marshal did cause the said real
estate to be advertised for sale for a period of not
less than twenty days next preceding the day of the sale here
inafter mentioned by advertisement in the Weston
Commercial a newspaper printed in Weston Platte county
state aforesaid containing a particular description of the
real estate to be sold and stating the time and place
and terms of sale and whereas in obedience and
conformity to said order of sale and advertisement

page 585
aforesaid I the said marshall did on the 9th day of July
1877 at the July Term of the said court of said last named
county for the year 1877 and while said last named
court was in session between the hours of nine o’clock
in the forenoon and five o’clock in the afternoon of
that day proceed to offer and expose to sale at public
auction to the highest bidder on the following terms
viz for cash in hand at the courthouse door
in Weston of said county of Platte the real estate
above described and having so offered and expo
sed the same for sale for a long space of time as
aforesaid and Milton E. Burk being the best highest
and last bidder for the following described part of
said real estate became the purchaser thereof for
the price and purse of thirteen hundred and fifty
dollars and — cents to wit.
All of the east half of the south west quarter section (34)
thirty four in township (54) fifty four of range (36) thirty
six lying and being situated in Weston township Platte
County Missouri save and except (1) one acre beginning
at the northeast corner of said east half and running thence
west (20) poles thence south (6) poles thence to the eastern line
of the said quarter section thence to the beginning and
also except all that part of said east half of said quarter
section lying east of Bear creek on the southeast corner
of said east half
And whereas the said Milton Burk has fully paid
and satisfied to me the full amount of money by him
bid as aforesaid for said last described real estate
now therefore know all men by these presents that I
Joseph B. Evans marshall as aforesaid for and in
consideration of the promises and of said sum of
thirteen hundred and fifty —/100 dollars to him in hand paid do
assign transfer and convey and set over unto
the said Milton E Burk heirs and assignees forever as
fully and effectually as I the said marshall by the powers
and authority in me vested in the premises as such
can sell and convey the same
In testimony whereof I the said Marshal have

page 586
her unto subscribed my name and affixed my seal this
12th day of July 1877
Joseph B Evans (seal)
Marshall of the Weston court of Common Pleas

State of Missouri
County of Platte
In the Weston Court of Common Please
July Term AD 1877
Be it remembered that on this fourteenth day of July in the
year of our Lord 1877 before W H Roney Judge of the
Weston Court of Common Pleas within and for the county
aforesaid came into open court Joseph B Evans
Marshal of said Court personally known to said
Judge to be the same person whose name is subscribed
to the foregoing instrument of writing as having execu
ted the same and also know to be the marshall as in
said deed described and then and there in open
court before the said Judge acknowledged the said
instrument to be his act and deed for th purposes therein
mentioned. This certificate of said acknowledgment
being ordered by the said court to be endorsed by
the clerk on this deed.
In testimony whereof I William F Yocum clerk of our
said court have hereunto set my hand and affixed
the seal of said court done at office in Weston
in the county aforesaid
(LS) W F Yocum clerk
Filed for record at 9:30 am October 1st 1877
R L Waller
Recorder of Deeds

Missouri, Platte County. Deed records, 1839-1895. Film #988239 DGS 8486504. HOrnbuckel, Curry petition, Nov 1876; Vol. 7: page 584-586 (image 298-299); digitized images, FamilySearch http://www.familysearch.org : viewed online 5 September 2022.

Based on the above deed, I concluded that Elizabeth Bland Burke had died prior to November 1876. Since the deed refers to a case in the Court of Common Pleas, I decided to see if I could locate any court records.

Unfortunately, the Court of Common Pleas records are not available for Platte County, Missouri on FamilySearch. However, two other sets of Platte County court records are available. In Volume N of the Platte County, Missouri Court Records 1839-1887, I found additional information about the argument between the children: Guilford Hornbuckle and Sarah his wife; Hiram Curry and Angelina, his wife; John M. Burke and Milton E. Burke.

Missouri Circuit Court (Platte County)
Court Records, 1839-1887

Court Records, v. N-O 1875-1881
Film 988428 DGS 8486528

Index image 15
Hornbuckle G et al vs M E Burke 388 407 409
Hornbuckle G et al vs J. M. Burke et al 407 409

Volume N page 388 (Image 231)
Thursday April 5th 1877

Guilford Hornbuckle and Sarah, his wife & Hiram Curry
& Angelina Curry his wife
vs
Milton E. Burke
Now came the parties by their attornies and

Volume N page 389
Thursday, April 5th 1877
announcing themselve ready, waive a jury and submit the tract thereof to
the Court; the Court hears the evidence and being fully advised in the premises
finds for the plaintiffs and assesses their damages in the sum of six hun
dred and seventy nine & 92/100 dollars ($679 92/100) It is therefore consider
ed by the Court that the plaintiffs receive of the defendant the sum of
six hundred and seventy nine and 92/100 dollars ($679 92/100) so assessed as
aforesaid and their costs and charges herein ex[pended] and have thereof execu
tion

Volume N page 407 (image 240)
Tuesday April 10th 1877
Guilford Hornbuckle & Sarah Hornbuckle his wife
& Hiram Curry & Angelina Curry, his wife
vs
John M. Burke & Milton E. Burke
Now at this day comes
the parties herein
by their attorneys &
this cause coming on
for a hearing, the same is submitten to the Court by agreement; the Court
having duly considered the papers and exhibits therein together with the
arguments of counsel, order, adjudges and decrees that the judgment
rendered herein by the Weston Court of Common Pleas, be affirmed
and that a copy hereof be certified to said Common Pleas Court
(Furnished by J. W. Coburn)

Volume N page 409 (image 241)
Tuesday April 10th 1877
Guilford Hornbuckle & Sarah Hornbuckle his wife
& Hiram Curry and his wife Angelina Curry
vs John M. Burke & Milton E. Burke
Now came the parties by
their attornies and the de
fendants present their mo
tion for a new trial herein
which by agreement is taken up by the Court and overruled & ordered to be balance
on file; also their motion [vs] arrest of the judgment herein which by a
greement is taken up & by the Court overruled & ordered to be placed on file
and thereupon their affidavit for an appeal hereof to the Supreme Court
of this State, on consideration of which the Court order that an appeal
be allowed. and the court grants to defendants ten days to file a
bond for said appeal in the sum of $500 and twenty days
to prepare and file herein their bill of exceptions.

Since the April 1877 court entry indicates that the court “allowed” an appeal to the Supreme Court, I need to expand my search for additional court records.

However, a search of the set of Platte County, Missouri records group titled “Court Record, 1839-1887; probate docket 1894-1901” found a court record that helps narrow down Elizabeth Burke’s death date.

Platte County, Missouri
Court Record, 1839-1887; probate docket 1894-1901

Court Record, v. I 1864-1867
Film 988954 DGS 7631756

Image 7 – Index
Burke Elizabeth 112

page 112 (Image 90)
Vacation February 4th AD 1865
In the matter of estate
of Elizabeth Burke decd
Adm presents proof of motion of Grant of
letters which is ordered to be filed.

Missouri, Platte County. Court Records, 1839-1887. Film #988954 DGS 7631756. Elizabeth Burke, 4 Feb 1865; Vol. I: page 112 (image 90); digital images, Family Search http://www.familysearch.org : viewed online 5 September 2022.

Since Elizabeth Burke is listed as ‘decd’ in the above record, I have concluded that she died prior to 4 February 1865.

This 1865 court record not only explains why I couldn’t find Elizabeth in the 1870 census records but also verifies that she is NOT the Mrs. Jane Burke that married Joseph Moor.