Tax lists report Benjamin Burk in 1764 Pitt County, N.C., 1768 Rowan County, N.C. and in 1771, 1774 Surry County, North Carolina.

The 1783 inventory of the estate of Benjamin Burk of Surry County, North Carolina, deceased, by widow Mary Burk, listed 800 acres in two tracts, 115 bushels of corn, two feather beds, 3 chairs, returned by Mary Burke, administrator. There were purchases from Robert Forbus, Moses Baker, Benjamin Eliot and James Burk Sr. in amount of 22:9:6 pounds. Collections came from Hugh Logan, Joseph Burk, Thomas Elliot making a balance of 18:11:9 pounds. Witness was Henry Speer and the inventory was recorded in November court, 1785.

The lands of Benjamin Burke were confiscated as noted in this land entry request: Thomas Church enters 200 acres of land in Surry County on Forbis’s Creek water including Benjamin Burk's improvement for quantity on January 2, 1779 and the warrant was granted.

Children of Benjamin and Mary Grant Burke as listed in the James Burke will are: (1) Josiah Burk, (2) Samuel Burk, (3) Elizabeth Burk, (4) John Burk, (5) Benjamin Burke.


DID BENJAMIN BURKE DIE AT SHALLOW FORD?

Benjamin Burke became a Captain in an irregular Tory militia made up of farmer-soldiers from Surry County, North Carolina. On October 14, 1780, a band of 300 Tories left from Surry County to join up with Cornwallis at Charlotte, North Carolina. Their leader was their friend, Gideon Wright. Gideon had been an early settler of the area and was instrumental in getting Surry County's first courthouse built. The Patriots learned about the Tory movement and laid an ambush at Shallow Ford, some 4 miles southeast of where the Burkes lived. After the battle, the American Colonel Parsley reported: "Fourteen of the enemy were found dead on the ground among which were Captains Bryan and Burk.... The Tories escaped, all being well mounted." Legend has it that Benjamin Burke was killed by George Paris, with his own sword at Shallow Ford.

From Washington County, Virginia deeds, page 303: Benjamin Burk - 180 acres - commissioners certificate - on both sides of the north fork of Holstein (Holston) River on the mouth of Wolf Creek - being on the south side of the river above his improvement - crossing the mouth of "Woolf Creek" - May 5, 1785. James Young - 200 acres - on both sides of the North Folk of Holstein River, includes improvements - actual settlement made in 1774 - September 1, 1781 - Assigned to Benjamin Burk. Witness: Henry Pestle. Signed: James Young.

This land is several miles north of the present day Tennessee-Virginia boundary. During these years, the Holston River basin had an evil reputation for lawlessness and bands of marauding Indians. Effective government control was too far away and little interested in this area.

1. Josiah Burke
2. Elizabeth Burke
3. Samuel Burke
4. John Burke
5. Benjamin Burke