CF-111
John McMurtry's birth date is inferred from historical evidence. David C. McMurtry believes
the evidence supports a birth year of 1738 or earlier and Richard K. McMurtry originally believed
the evidence supported a 1749 birth year.
David asserts that John was of full age (i.e. 21) in August of 1759 when he and his brother
Samuel received a grant for land on Whistle Creek in Augusta County, Virginia. In that same
month, Samuel, "an orphan over the age of 14", choose a guardian. David asserts that since
there is no record of John choosing a guardian that he must have been of full age - hence born
in 1738 or earlier.
Richard assumes that no record of guardian selection for John exists because he was too young
to choose a guardian in 1759, that he had no cause to choose one thereafter, and that he came of
age in 1770 when he and his brother Samuel (living in South Carolina) sold the Whistle Creek
land. In support of Samuel being the older brother, Richard notes that adjacent property
owners referred to the boundary with Samuel and John's land as "Samuel McMurtry's line" in
the years 1761, 1762, 1766, and 1768. Only in 1765, after Samuel had probably relocated to
South Carolina is there a record of John McMurtry, namely, in a list of processioners. Zelma
McMurtry records this as John McMurtry was processioned for by Samuel Todd, James Hutton
and James Todd. John is also mentioned in another such list in 1765, as well as 1767 or 68.
John is a witness to a land transaction in 1769, is appointed guardian of the Young orphans in
1770 and, together with Samuel, sells the Whistle Creek land in 1770.
Either date has support but the earlier date is probably the most likely.