The Cundiff Connection

 As we know, Elizabeth Percifull, who would one day become Elizabeth (Percifull) Tapscott, was strongly attracted by the opposite sex. And we have proof about who was the first (that we know of) on her list of paramours. The following proceedings were published for a Lancaster Co, Virginia, court held 15 Feb 1808:

Richard Cundiff who is charged on oath by Elizabeth Percifull of the parish of Christ Church in this County single woman with being the father of her bastard twin Children & Stands bound by a recognizance to appear here this day and abide by and perform the order of this court concerning the same appeared Accordingly, whereupon it appearing to the Court that the proceedings which have been had herein are illegal, it is ordered that the same be quashed and the said Cundiff discharged from his said recognizance

We do not know what Elizabeth was asking for, but it was probably child support. Nor do we know why the proceedings were declared illegal. Since it was a man’s world at the time (some say it still is), one suspects bias.

The following year proceedings of a Lancaster Co court held 20 March 1809 included the following

The Commonwealth of Virginia

vs

Elizabeth Percifull Deft.

Upon an information for Having two bastard Children & filed her Information afsd.

This day came the attorney for the Commonwealth, and thereupon came also a Jury . . . who being elected tried and sworn the truth to speak when the information aforesaid upon their oaths do say that the Deft. is guilty in matter & form as in the said informational is alleged against her and they do assess the amercement of the of the said deft to ten dollars besides the Cost, therefore it is considered that the Commonwealth recovers against the said deft the said ten dollars by the Jury aforesaid assessed and also their Costs by them about this prosecution expended and the said deft may be taken &c.

Richard Cundiff got away with his misdeed, but Elizabeth was fined $10 for bearing two “bastard Children.” The major concern was not morals, but order and economics. An illegitimate child might be a financial burden to the local parish. Elizabeth’s father, Elijah, paid the fine, but his 1814 will stated

there is seven pounds ten Shillings to be Reducted out of my Daughter Betsey proportion for money I paid for her.

Elijah was not happy with his daughter.

Signature of Richard the elder on deed of

 trust. (Ancestry.com.)

Two Richard Cundiff’s were connected with Lancaster Co around that time, father and son. But since Richard the elder died by 17 May 1781, when his Lancaster Co will was proven, we can safely rule him out.

More about Richard the younger and his illegitimate offspring in the next blog.