Name: Vienna Phillips Berry
Given Name: Vienna Phillips
Birth: 9 Dec 1844 in ,, Kentucky
Death: 29 Mar 1925
Burial: Lexington Cemetery, Lexington, Fayette Co., Kentucky
! (1) Richard C. Metcalfe. E-mail email@example.com (2010). Cites: (a) 1880 census, Silver City, Grant Co., NM. (b) 1900 census, Fayette Co., KY. (c) "Identity of Heirs of Late Col. R.B. Metcalfe Revealed in Suit Here," "The Lexington Leader," 4 May 1906. (d) Metcalfe vs. Heidtmann, Fayette Co., KY Circuit Court 1906.
Change Date: 3 Dec 2012 at 00:00:00
(2) Find A Grave Memorial #60408669 (http://www/findagrave.com, 21 Oct 2010).
! Birth: (1) d/o William Harrison BERRY/Elizabeth Ewing CARTER. (1,2) 9 Dec 1844. (1a) Age 35 in 1880 [b. 1845]. (1b) Dec 1845. (1a,b) KY.
Marriage to Robert Baylor METCALFE: (1) 28 Jan 1877. Monticello, Wayne Co., KY.
Death: (1,2) 29 Mar 1925.
Burial: (2) Lexington Cemetery, Lexington, Fayette Co., KY.
(1a) 1880: Vienna METCALFE, age 35, b. KY, was living in household of husband Robert METCALFE, Silver City, Grant Co., NM. Parents b. KY.
(1b) 1900: Vienna P. METCALFE, age 54, b. Dec 1845, KY, was living in household of husband Robert B. METCALFE, Fayette Co., KY. Parents b. KY.
(1d) 1906, Apr: Vienna B. METCALFE, Maude M. JAMES, and John G. JAMES, her husband, Sue M. RAILEY and E. B. RAILEY, her husband, and Robert B. METCALFE, vs. Winnie HEIDTMAN and H. F. C. HEIDTMAN, her husband and Ellen GILLIAM and R. A. GILLIAM, her husband, suit in Fayette Co., KY Circuit Court, stating that R. B. METCALFE died intestate and a resident of Fayette Co., KY, Dec 1905; the said decedent left surviving him his widow, Vienna B. METCALFE, and Maude M. JAMES, Sue M. RAILEY and Robert M. METCALFE, his only children and heirs at law; that John G. JAMES is the husband of Maude M. JAMES, and that E. B. RAILEY is the husband of Sue M. RAILEY, and Robert B. METCALFE is unmarried. Said plaintiffs state that R. B. METCALFE owned at the time of his death a tract of land in Fayette Co., KY, containing about 300 acres, described as all that tract of land on the West side of the Harrodsburg Turnpike Road about 2 miles from the City of Lexington, KY, and bounded on the east by said road, which separates the said property from the property of C. E. RAILEY, on the north by the (?) of Sam MOORE and the FRAZIER heirs, on the west by the lands of Harry ENGMAN and H.P. HEADLEY and on the south by the lands of H.P. HEADLEY, and being the same property conveyed to R. B. METCALFE by D.D. BELL and wife by deed 16 Apr 1883 and recorded Fayette Co., Deed Bk 66, p.366. The plaintiffs state that upon the death of said R.B. METCALFE said property passed to and vested in his widow, Vienna B. METCALFE and in his children, Maud M. JAMES, Sue M. RAILEY and Robert B. METCALFE; that said Vienna B. METCALFE owned a life estate in an undivided one-third of said property and that siad Maude M. JAMES, Sue M. RAILEY and Robert B. METCALFE owne in fee simple (??) two-thirds interest in said property and own the remaining one-third interest in fee simple, subject, however, to the life estate of said Vienna B.METCALFE therein. Said plaintiffs state they have both the legal title to and full possession of said property, that the defendants, Winnie HEIDTMAN and H. F. C. HEIDTMAN, her husband of Wheeler Co., OR, and Ellen GILLIAM and R. A. GILLIAM, her husband of Wheeler Co., OR, are claiming an interest in said land as heirs at law of said R. B. METCALFE, deceased, that said Winnie HEIDTMAN and Ellen GILLIAM claim to be the only children of said decedent by their mother, long since deceased, an alleged wife of said METCALFE. Said plaintiffs state that said defendants are not children of or heirs at law of said R. B.METCALFE, nor have the defendants nor has any one of them any interest whatever in said property. Said plaintiffs state that said defendants by reason of said alleged claims have cast a cloud upon the title of these plaintiffs to said land, wherefore the plaintiffs pray that their title to said propety be quieted, the said defendants be required to assert any interest in said property that they may have; that if it be adjudged by this court6 that said defendants have no interest whatever in said property, that they be perpetually enjoined from asserting any interest in said property, and they pray for their costs herein and for all proper relief. Winnie HEIDTMAN and Henry F. C. HEIDTMAN her husband, Ellen GILLIAM and R. A. GILLIAM her husband of Fossil, Wheeler Co., OR, gave power of attorney to the firm of Thornton and Kerr, attorneys at law of Lexington, KY, notarized at Wheeler Co., OR, 16 Apr 1906.
(1c) 1906, 4 May: "The Lexington Leader" stated, "In a petition filed Friday in the Circuit Court here the identity ofthe Western heirs, who are claiming a share of the estate left by the late Colonel R.B. METCALFE, proprietor of Woodlawn Stock Farm, valued at nearly $100,000, is for the first time made public. These alleged heirs are Mrs. Winnie HEIDTMAN and H.F.C. HEIDTMAN, her husband; Mrs. Ellen GILLIAM and R.A. GILLIAM, her husband, residents of Wheeler, Oregon. Mrs. HEIDTMAN and Mrs. GILLIAM claim to be the children of a former wife of Colonel METCALFE, long since deceased, and as such have set up a claim to part of the estate left by Colonel METCALFE. The petition, which was filed Friday by Attorneys J.D. and George R. HUNT of this city, representing the Fayette county heirs, Mrs. Vienna METCALFE, widow of the deceased; Maude M. JAMES and her husband, John G. JAMES; Sue M. RAILEY and her husband E.B. RAILEY, and Robert B. METCALFE Jr., asks for a perpetual injunction against these Westernheirs. The petition recites that the said Winnie HEIDTMAN and Ellen GILLIAN claim to be children of Col. METCALFE, by a former wife, now deceased, and together with their husbands, are claiming an interest in the property left by the deceased, consisting of a 300 acre farm in Fayette county, Ky, near Lexington, and that the defendants by reasonof these alleged claims have cast a cloud upon the title of the plaintiff to said property. The petitioners deny the claim of the defendant heirs and pray that their title to said property be quieted; that said defendants be required to assert any interest in said property that they may have, if any; that it be adjudged by the court that said defendants have no interest whatsoever in said property; and that they be perpetually enjoined from asserting any interest in the said property. It is known that these Western heirs have employed legal counsel and will make a stubborn for a share of the property."
(1d) 1906: The Fayette Co., KY Circuit Court ordered that the defendants Winnie HEIDTMAN, H. F. C. HEIDTMAN, Ellen GILLIAM and R. A. GILLIAM her husband have no interest whatever in the property and perpetually enjoined all persons claiming through them from asserting any interest whatever in said property or part thereof.
(1) The widow of Robert Baylor METCALFE and her children became residents of NY.
Father: William Harrison Berry
Mother: Elizabeth Ewing Carter
Robert Baylor Metcalfe b: 12 Jul 1825 in , Wayne Co., Kentucky
28 Jan 1877
in Monticello, Wayne Co., Kentucky
- Mary Maude Metcalfe b: 21 Dec 1877 in Brenham, Washington Co., Texas
- Susan "Sue" Metcalfe b: 25 Sep 1880 in Silver City, Grant Co., New Mexico
- Robert Bela Metcalfe b: 28 Nov 1883 in ,, Kentucky