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From: Glenn Belcher <>
Subject: [VAALLEGH-L] TONCRAY Descendents NEEDED
Date: Tue, 01 Sep 1998 02:52:40 -0400

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This article below is from Saturday's Southwest Virginia Enterprise... If
you have TONCRAY ancestors, or know someone who does, you might be
interested.
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When Past Meets Present: An abandoned graveyard is in danger of being
overrun by businesses and highway construction

By LINDA SPIKER/staff

Problems occur when abandoned gravesites come in contact with modern
construction.

This has happened several times in Wythe County, and now more graves are in
danger of being destroyed by progress along the interchange routes of
Interstates 81 and 77.

In the early 1800s, Toncray family members created a burial ground for their
loved ones, just east of Wytheville, along the Great Highway.

Over the years, the Toncrays have either moved away, their generations died
out, or married daughters have lost the name, so that few remember the
Toncrays today.

The graves are located on land presently owned by Edmund Jr. and William
Pendleton beside Mark IV Honda.

"We have leased the land to a business," said Edmund Pendleton, in a
telephone conversation from South Carolina recently. "We need to remove the
graves to a safer spot. If the 10-lane interstate construction comes through
here, the burial ground will be paved over."

At least three or four graves are visible and more unmarked graves may be
discovered, said Pendleton. Several years ago, when the state laid the new
frontage road alongside the interstate, a fence was erected around the
graves, leaving them in their original location, almost jutting out into the
right-of-way.

"The present site is an inappropriate place for them," he said. He wants the
graves transferred to another location, preferably an established cemetery.

The Pendletons, with the assistance of attorney James Boyd, are attempting
to find Toncray family descendants who can authorize the removal of the
graves. A paid advertisement appeared several times recently in the
Southwest Virginia Enterprise seeking information on members of the Toncray
family, but as of press time Friday no descendants had came forward.

"If no family members can be found, the courts will decide what will happen
to the graves," said Boyd. "Probably within the next 30 to 60 days, a
hearing will be held before Judge (Colin) Campbell who will review the
request and proceed with instructions, according to the Virginia Code. A
local funeral home will then take charge of the transfer of the graves."

At least three graves have been identified — that of Anthony Toncray, whose
crypt is inscribed with "Sacred to the memory of Anthony Toncray"; Susanna
Toncray, whose crypt is inscribed with "Sacred to the memory of Susanna
Toncray, wife of Anthony Toncray"; and James Toncray, who died in 1838. His
inscription cannot be read. It is recorded that Susanna, daughter of Anthony
and Susanna, who died young in 1811, is also buried there.

The Toncrays of early Wythe County contributed much to the county’s
development. Anthony Toncray first appeared in Wythe County in 1789, and was
said to be the son of Nicholas Toncray of New York State. He purchased a
300-acre tract of land, and obtained a license to operate an inn, or
ordinary, along Reed Creek. In 1792, he signed a petition requesting the
establishment of an academy at Wytheville, along with John Toncray and
Elisha Toncray. A Toncray forge was probably operated by Anthony Toncray or
his son James, near the site of Kent’s Mill.

Anthony’s heirs were listed as James, John, Lewis, and Lydia Binkly, all who
settled locally; and Ezra, Elizabeth, Margaret Norman and heirs of Elijah
Toncray, not of Virginia.

James Toncray was born June 29, 1772, and purchased his father’s land at
auction in 1812. He married Polly Cranston in 1809, daughter of Robert
Cranston, a local tavern keeper.

James sought and obtained permission to build a water grist mill in 1812 and
in 1815 was found to have a dwelling house of wood, kitchen, smokehouse and
corncrib. His mill site nearby also had a two-story dwelling house,
springhouse, kitchen, smokehouse, blacksmith shop, still house, stable, and
grist and sawmill.

History indicates that James Toncray, a noted local builder, kept "one of
the finest race horses ever known," a bright sorrel 16 hands 2 inches high,
known as "Timoleon," at his mill. Toncray put an advertisement in the
newspapers concerning the horse, which is said to have raced at Toncray’s,
and was then available for stud purposes.

James Toncray was paid for building a pine log and plank schoolhouse for
James McGavock, probably prior to 1812, somewhere in the Max Meadows or Fort
Chiswell area. He was paid in 1821 for the building of the "newly finished"
$4,000 Wythe County Courthouse on the corner of Main and Tazewell streets
with "rubbed and gaged (sic) arches." According to Mary Kegley, area
historian, he also built courthouses in Floyd, Montgomery and Scott
counties.

James was commissioned to build a jail in Wytheville in March 1812, which
was reported to be a stone structure. In 1817, a man was charged with
setting fire to the jail; and in 1819, James Toncray was one of a group
ordered to examine the state of the jail and make repairs.

James Toncray also was to build some bridges to alleviate dangerous travel
over streams. The main Stage Road which crossed Reed Creek twice and the
Middle Fork of the Holston seven times, was precarious for travel. In 1830,
a stagecoach was damaged while trying to cross Reed Creek. The mail it
carried was thrown into the water and the horses drowned.

To correct this situation, the petitioners suggested that James Toncray
would, at his own expense, erect bridges over the creek in at least seven,
possibly 10 locations. In exchange for these bridges, Toncray would be
allowed to erect two tollgates near the line of the two counties and keep
the tolls, which were suggested as 62 1/2 cents for a six-horse wagon and
team; 50 cents for a four-horse wagon and team; 37 1/2 cents for a two-horse
wagon and team; 12 1/2 cents for a single horseman, and 6 1/4 cents for a
single footman. The assembly decided the petition was reasonable.

James Toncray added a carding machine and wool processing to his mill in
1832. He was deep in debt and his property was heavily mortgaged. On May 1,
1838, he declared his intention to accept the benefit of the Act of the
General Assembly for relief of insolvent debtors. The following month, on
June 30, he died.

The mill first went to Stephen Crockett, and then to Robert Kent, who
operated the woolen mill there and made supplies for the Confederacy during
the Civil War. Later, Marion Sehorn operated a hat factory there.

James Toncray’s heirs are listed as Nancy, William, Catharine who died
young, Maria, John, Robert Lewis, a dentist, who was born in Wythe in 1814
and was buried in Hillsville, Alexander, James H. and Harvey (possibly the
same person), Matilda McFarlane, and Susanna.

Some of the Toncrays settled in Carroll County and some went to Washington
County. Anyone having information on the Wythe County Toncrays’ descendants
is asked to call Attorney James Boyd at 228-6660.

Information from "Wythe County, Virginia, a Bicentennial History,"
"Adventures on Western Waters, Vol. III" and "Bits of The Past," all written
by Mary B. Kegley.

Code of Virginia concerning abandoned family graveyards

§ 57-38.1. Proceedings by landowner for removal of remains from abandoned
family graveyard. — The owner of any land on which is located an abandoned
family graveyard, and there has been no reservation of rights in such
graveyard, or when the beneficiaries of any reservations of rights desire to
waive such rights, and in which no body has been interred for twenty-five
years may file a bill in equity in the circuit court of the county or in the
circuit or corporation court wherein such land is located for the purpose of
having the remains interred in such graveyard removed to some more suitable
repository. To such bill all persons in interest, known or unknown, other
than the plaintiffs shall be duly made defendants. If any of such parties be
unknown, publication shall be had. Upon the case being properly matured for
hearing, and proof being made of the propriety of the removal, the court may
order the removal made and the remains properly deposited in another place,
at the expense of the petitioner. Such removal and reinterment shall be done
with due care and decency.

In determining the question of removal the court shall consider the
historical significance of such graveyard and shall consider as well the
wishes of the parties concerned so far as they are brought to its knowledge,
including the desire of any beneficiaries of any reservation of rights to
waive such reservation of rights in favor of removal, and so considering
shall exercise a sound discretion in granting or refusing the relief prayed
for. (1966, c. 444; 1970, c. 877.)

CRYPT INSCRIPTION: The grave of Susanna Toncray, wife of Anthony Toncray,
dates bck to the early 1800s. The grave of her husband, who died circa 1812,
is also marked.

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