Williamson Daily News (Williamson, WV)
Thursday, January 23, 2003

Grave Site Feud...
Judge will rule who may have access after briefs are presented
By Terry L. May - WDN Staff Writer

Approximately 120 years ago the Hatfield and the McCoy families began the most famous feud in the country's history. Today, descendants of each clan are embroiled in a new battle concerning access rights to a cemetery. This time, however, they are seeking to settle their dispute in the courts.

The area in question is the McCoy Cemetery where Tolbert, Pharmer and Randolph McCoy were buried. The three brothers, nephews of Asa McCoy who was the first McCoy killed by a Hatfield during the Civil War, were killed in retaliation for the death of Ellison Hatfield, who died two days after a fight on Election Day in August 1882. The three were taken to the Hatfield home in West Virginia. When Ellison died two days later, they tied them to pawpaw trees just inside the Kentucky border and shot multiple times.

Three other McCoys are also buried in the cemetery including a fourth brother who according to family legend died of grief following the murder of his brothers.

Testimony presented yesterday before Pike County Circuit Judge Charles Lowe Jr., ranged from historical recounts of the feud and related events to more recent and emotional family events. The trial lasted only one day.

The McCoy family waived a jury trail in favor of a summary judgment by Lowe. Attorneys for each side have 30 days to file briefs with Lowe summarizing the positions of the respective parties and a recommended decision. Lowe will make a ruling after reviewing the briefs but did not give a specific time period.

"Relatives have an unquestionable right to visit the graves," said Della Justice, attorney for the McCoy descendants. "As a matter of law, no one can restrict access to a cemetery."

This was the main complaint by cousins Clyde F. "Bo" McCoy of Crossways, Ga., and Ronald Gene McCoy Jr. of Durham, N.C., both direct descendants of clan leader Randolph McCoy. According to them, families members have been denied access to the McCoy Cemetery by John Vance, a Hatfield family member, who now owns the property which completely encompasses the cemetery. Vance claims that even if the road in front of the cemetery is declared public the closest grave to the road is approximately 15 away.

"The great irony in this case is that Mr. Vance is the great-great grandson of Jim Hatfield, who was one of the primary actors in the feud. (Jim Hatfield) may have even killed the McCoys who are buried there," Justice said during her opening statement.

However, Vance contends the pair has economic motives behind the lawsuit rather than family emotions.

"This grave is more hallowed now than it will ever be in the future as a public spectacle," said defense attorney Larry Webster. "Their actions are inconsistent with such time-honored, traditional rights courts give cemeteries.

"They want the court to turn a private road into a tourist highway," Webster continued. "The only collateral benefit the McCoys will have is financial."