When I wrote about my fourth great-grandmother Kesiah LIVELY in 2014, I relied heavily on information quoted by another researcher from a book published by the National Association of Lively Families in 1971 for her parents and siblings.1
In Livelys of America, 1690-1968, Dr. Vallentine was able to name eight heirs of the estate of Kesiah’s father Joseph LIVELY but the ninth heir remained unknown. As I reviewed and added sources to support the claims in the post, I came across the answer to the question of who the ninth heir was.
Joseph LIVELY Dies Intestate
Joseph LIVELY (1735-1793) died intestate in Amherst County, Virginia, in 1793, leaving no instructions for the division of his estate. The letters of administration were granted to his son Mark LIVELY on 22 October 1793. John HILL and William HILL were his bondsmen.2 The bondsmen were likely close relatives of Mark’s wife Mary HILL.
An inventory of Joseph’s estate was presented on 16 December 1793 by Mark. It included “an old negro woman Sarah, a negro woman Betty, and a negro boy George” as well as livestock and household goods.3 The estate sale was held about 23 November 1793 per a notation in the margin of the estate accounts given on 19 August 1797 by Mark LIVELY. The accounts were ordered to be recorded on 16 October 1797.4 Documentation of the estate sale, other than the notation, was not found.
Joseph didn’t leave a will naming his wife or children. However, he owned land at the time of his death and it was dispersed among his heirs. In 1796 and 1797 nine tracts of 44 acres were sold by his heirs with 8 of the 9 heirs being identified.
I gathered the deed records as I suspected Dr. Vallentine’s work, published in 1971, was possibly based on abstracts of the deeds. The deeds may have included key information missed in the abstracts.
Joseph LIVELY (1735-1793) and Mary CASH (1740-1793)
To better understand how this puzzle was solved, the backstory of Joseph LIVELY and his wife Mary CASH has to be reviewed.
Joseph LIVELY was born about 1735 likely in Goochland County, Virginia. His father Mark LIVELY was living in Albemarle County (formed in 1744 from Goochland County) in 1749 when he sold land he owned in Goochland County.5 This is the earliest known record for Mark LIVELY who died in 1752 in Albemarle County. In his will, he devised equal divisions of land “I now live on” to sons John, Joseph, and Benjamin after the death of their mother who received a life right in the land.6
Mary CASH was born about 1740 likely in Goochland County. Her father Howard CASH was living in that county in 1735 when he received a land grant in the county.7 Howard CASH left a will written on 8 February 1772 and proven on 6 October 1772. The fourth item of the will, “I give to my daughter, MARY LIVELY, a negro wench named Sarah.” The bequeath likely refers to the same enslaved person as “an old negro woman Sarah” listed in Joseph’s 1793 inventory.8
Historically, Mary and Joseph’s teen and early adult years took place during the French and Indian War (28 May 1754-10 February 1763). They likely married about 1760 or earlier as their oldest son is said to have been born on 16 June 1761.9
Amherst County was formed from Albemarle County in 1761. If a marriage record existed in Albemarle County it was most likely destroyed. All order books except the first and many loose papers for the years 1748 to 1781 were destroyed during the British general Banastre Tarleton’s raid on Charlottesville in 1781 during the Revolutionary War.10
The personal property tax lists for the years from 1782 until 1851 for Amherst can be found in FamilySearch‘s catalog: Personal property tax lists, 1782-1851 for Amherst County, Virginia. These helped to confirm the sons of Joseph LIVELY: Joseph Jr., Mark, John, Robert Cash, and Benjamin.
In 1782, when the first personal property tax lists were taken in Virginia, Joseph LIVELY and his oldest son Joseph were on the list in Amherst County.11,12 They were not listed as Sr. and Jr. In the years after, from 1783 to 1793, when Joseph and Mary’s sons turned 16 but not yet 21 years of age, they were named in Joseph’s tax assessment.
Joseph paid taxes on land in Amherst County according to research done by Dr. Vallentine.13 The land tax records for Amherst are not available to the public on FamilySearch. According to Vallentine, Joseph paid taxes on three tracts of land: two tracts of 400 acres and a tract of 398 acres. Land deeds were found to confirm this.
On 4 August 1777, Joseph bought 400 acres of land on Thesher’s Creek from Wiatt and Sarah POWELL.14 Joseph and his wife Mary deeded the same land to Robert CASH on 5 March 1780.15
Joseph LIVELY was granted 400 acres on both sides of Dutch Creek in Amherst County on 1 September 1782.16. He and his wife Mary sold it to William CABELL on 1 January 178717. This is the last record that mentions Joseph’s wife Mary.
The two tracts of 400 acres were acquired and subsequently sold leaving only 398 acres. There is no entry in the index of deeds for the acquisition of the land. No land grant was found in Joseph’s name. In all likelihood, the tract of 398 acres was land Joseph and Mary lived on since their marriage. A record of the final partition of Joseph LIVELY’s 398 acres of land located on Pucker’s Creek and Babb’s Creek was not found in the probate records. After his death, the land was divided into 9 tracts of circa 44 acres. Eight of Joseph’s heirs were identified by these.
Peter JOHNSON and his wife Nancy (seen as Ann in the record) deeded 44 acres to Matthew HARRIS on 15 February 1796.18 The tract is described as “formerly the property of Joseph Lively.”
Joseph LIVELY Jr. and his wife Sally, John LIVELY and his wife Clarissa, and Robert Cash LIVELY and his wife Elizabeth, all of Amherst County, deeded their (three) land tracts of 44 acres to the same Matthew HARRIS on 18 July 1796.19 The tracts were described as “being part of a larger tract formerly belonging to Joseph Lively.”
William GRIFFIN and his wife Ruth and Zachariah PETERS and his wife Kesiah sold their 44-acre shares of Joseph’s land to the same Matthew HARRIS on 21 November 1796.20 The adjoining tracts of land were described as “part of a larger tract formerly the property of Joseph Lively Decd which said tracts of Land upon an equal division with the rest of the Legatees and representatives of the said Joseph Lively decd by allotment fell to the said Ruth and Keziah containing by late Survey forty four acres each.”
Benjamin LIVELY deeded his share of the 44 acres to his brother Mark LIVELY on 30 November 1796.21 The parcel being described as a “tract of land is part of a larger tract formerly the property of Joseph Lively Deceased and upon an Equal division with the rest of the Legatees and Representatives of the said Joseph Lively deceased the said Lott of Land No. 1 fell to the said Benjamin as his proportionable part.”
William GRIFFIN and his wife Ruth LIVELY deeded 44 acres to Mark LIVELY on 3 December 1796.22 William and Ruth had already disposed of Ruth’s share of her father’s estate the previous month. The tract going to Mark LIVELY was described as “a certain tract or parcel of Land lying and being in the said County of Amherst and on the south Branch of Ruckers Run and is part of a larger tract formerly the property of Joseph Lively Deceased containing by late Survey forty four acres which said forty four acres was allotted to Mary Lively upon an equal division with the rest of the legatees and representatives of the said Joseph Lively refference being had to a deed said Mary Lively to said Griffin will more fully appear.”
Mark LIVELY and his wife Mary sold 132 acres to William LOVING on 17 July 1797, “being part of a larger tract formerly the property of Joseph Lively deceased.”23 Mark appears to have sold his 44 acres as well as the 88 acres he acquired from siblings Benjamin and Ruth, the last being an intermediary for Mary.
The above land transactions show that the eight known heirs were Nancy, Joseph, John, Robert Cash, Ruth, Kesiah, Benjamin, and Mark. The ninth heir to the estate of Joseph LIVELY was Mary LIVELY.
The deed for the transfer of the 44 acres from Mary LIVELY to William GRIFFIN was not found in the deed book of Amherst County. Order Books of Amherst County for March 1794 to May 1799 were missing at the time of filming. These would likely mention land deeds presented and ordered to be recorded. References to the records concerning Joseph LIVELY’s estate, the partition of the land, and the possible identity of Mary LIVELY who sold her 44 acres to GRIFFIN may be missing. A dower right was not claimed in the available records. No mention of Joseph’s wife Mary was found from 1 January 1787 when she signed with her mark until his death before 22 October 1793.
The nine heirs are also recorded in an indenture in Albemarle County. On 18 October 1796, an indenture was made and entered into by Benjamin LIVELY of Albemarle of the one part and Joseph LIVELY, Mark LIVELY, John LIVELY, Robert Cash LIVELY, Benjamin LIVELY, Peter JOHNSON, William GRIFFIN, Zachariah PETERS, and Mary LIVELY all of the county of Amherst of the second part. Benjamin LIVELY of Albemarle had paid the sum of ten pounds to Joseph LIVELY in his lifetime for “one certain tract or parcel of land lying and being in the County of Albemarle on Buck Island Creek containing by estimation one hundred and twenty six and one half acres of Land be the same more or less it being one third part of that tract of land devised by Mark B LIVELY to be equally divided between John LIVELY, Joseph LIVELY, and he the said Benjamin LIVELY.”24
The married daughters of Joseph LIVELY were not named in the indenture, instead their husbands were named and signed their names. As Mary LIVELY signed for herself, with her mark, she must not have been married.
The indenture of bargain and sale between the nine LIVELY heirs and Benjamin LIVELY was produced into court and proved as to all the said parties except Zachariah PETERS by the oaths of the three witnesses. The deed was unrecorded as a continuation was ordered as further proof was needed for PETERS.25 It was this entry in the order book that led me to find the deed in a collection of unrecorded deeds for future proofs for the years from 1785 to 1896.
Who was Mary LIVELY?
Who was Mary LIVELY? She received the same proportion of the estate of Joseph LIVELY as the other eight heirs, all known to be his children.
Assuming she was a child of Joseph and Mary, she would have been the oldest daughter living at home from the time of her sister Nancy’s marriage in 1784. If her mother died between 2 January 1787 and 22 October 1793, Mary may have been the person taking care of the youngest children of the LIVELY couple. At the time of Joseph’s death in 1793, John (26), Mary (24), Benjamin (21), and Kesiah (19) were not yet married. John and Kesiah married in August and November of 1794, a year after their father’s death. Marriages for Mary and Benjamin were not found in Amherst County, Virginia.
After the estate was settled, in the years between 1797 and 1804, the names of several of the sons and sons-in-law began to disappear from the Amherst County personal property tax lists.
☙ Joseph LIVELY went to Jefferson County, Tennessee. The first reference to him residing there was in 1815 but it is believed he had lived in the county for several years prior to this date.
☙ John LIVELY went to Anderson County, Tennessee before 1802.
☙ Peter JOHNSON (Nancy) was not on the tax lists of Anderson County, Tennessee in 1802 or 1805 but by 1818 he was documented as a resident of the county when he applied for a revolutionary war pension.
☙ William GRIFFIN (Ruth) went to an unknown part of Tennessee and then to Morgan County, Alabama.
☙ Zachariah PETERS (Kesiah) moved to Franklin County, Virginia by 1810.
☙ Mark LIVELY remained in Amherst until about 1815 when he moved his family to Green County, Kentucky.
☙ Robert Cash LIVELY and Benjamin LIVELY have not been traced. Robert was last seen in Amherst on the PPT lists in 1798 and Benjamin in 1796.
The Tennessee counties the children of Joseph LIVELY and Mary CASH went to were searched for traces of Mary. In Jefferson County, Tennessee, a marriage was found for Mary LIVELY and Phillip SEIBER. They were married on 29 January 1802.26 Her husband was a widower with children. Mary and Phillip had three sons, Nimrod, Joseph, and Robert. Did they name their son Joseph after Mary’s father or older brother?
Mary and Phillip didn’t remain in Jefferson County, moving to Anderson County, Tennessee before 1830.27 It is difficult to determine when they moved there. There is no 1810 census for Tennessee and the 1820 census for roughly 20 eastern Tennessee counties supervised by the Federal Court District out of Knoxville is lost.
When Phillip SEIBER wrote his last will and testament on 11 September 1833, one of the witnesses was Peter JOHNSON.28 At the June 1848 session of court in Anderson County, the will of Phillip SEIBER was proven by the oath of Peter JOHNSON.29 Peter JOHNSON could have been Mary’s brother-in-law, husband of Nancy LIVELY.
Mary SEIBER and her son Joseph were living in the household of Joseph LIVELY (b. abt. 1808 TN) and his wife Mary in Anderson County, Tennessee in 1850.30 They were surrounded by other SEIBER families including Mary’s son Robert. Joseph LIVELY was the son of John LIVELY (s/o Joseph and Mary). The families were visited on 27 September 1850. Five months later Mary SEIBER was found in the household of Robert C. G. LIVELY (b. abt. 1806 NC) in Benton County, Alabama.31 The county name was changed to Calhoun in 1858. Robert was the son of Joseph LIVELY Jr. (son of Joseph and Mary). The family was visited on 26 February 1851. In both census listings, Mary was listed as age 81 and born in Virginia.
Although questions asked on the 1850 census were supposed to refer to 1 June 1850, Asst’t Marshall Spartan ALLEN of Benton County, Alabama, may not have followed these instructions. He visited his district from November 1850 until February 1851 and likely named all persons in the household at the time of the visit instead of the enumeration date. He listed his own household last, directly after the household Mary was in.
Mary SEIBER wasn’t in two places at one time. She lived in Tennessee at the time of the census and/or the enumerator’s visit in September 1850. She then went to Alabama by the time Mr. ALLEN visited Robert C. G. LIVELY’s household on 26 February 1851.
Mary SEIBER née LIVELY was found to have close connections with several of Joseph LIVELY’s and Mary CASH’s children. She married in Jefferson County, Tennessee, the place Joseph LIVELY Jr. lived. She went with her husband and family to Anderson County before 1830 where John LIVELY and Peter JOHNSON lived. She was enumerated with two LIVELY nephews in 1850. Further, she was the stepmother-in-law of John LIVELY’s daughter Malinda who married John SEIBER, a son of Mary’s husband Philip and his first wife.
Mary’s husband Phillip was enumerated on the 1830 and 1840 census with his inferred wife Mary listed in the age range that calculates to being born about 1771 to 1780. In 1850/1851 she was listed as age 80 or born about 1769-1770. Born about 1769, Mary fits nicely in the list of the other known children of Joseph and Mary who were born between 1761 and 1774.
Mary LIVELY who sold land that was part of the estate of Joseph LIVELY to William GRIFFIN and his wife Ruth LIVELY was the ninth heir of Joseph LIVELY as seen in the deeds. She was more likely a child than his widow. As a widow, she would have had a dower’s share of one-third of her husband’s estate and not a share equal to a child. Mary LIVELY, the ninth heir, was in all likelihood the same person as the Virginia-born Mary SEIBER née LIVELY who was closely associated with John, Joseph, and Nancy – the LIVELY siblings who went to Tennessee. Finally, DNA matches through all three of her sons have been found in clusters attributed to the LIVELY ancestral line.
© 2023, copyright Cathy Meder-Dempsey. All rights reserved.
- Vallentine, John F., Livelys of America, 1690-1968, FamilySearch (https://www.familysearch.org/search/catalog/437427), National Association of Lively Families, 1971. ↩
- “Virginia, Wills and Probate Records, 1652-1983,” (index and images), Ancestry, citing original data of Virginia County, District, and Probate Courts, Amherst County, Will Books, Vol 3-4, 1786-1810, Book 3, page 282-283, 22 Oct 1793, Admin Bond by Mark Lively for the estate of Joseph Lively (https://www.ancestry.com/imageviewer/collections/9085/images/007643858_00167 : accessed 6 November 2022). ↩
- Ibid., Amherst County, Will Books, Vol 3-4, 1786-1810, Book 3, page 293, 16 Dec 1793, Inventory of the estate of Joseph Lively (https://www.ancestry.com/imageviewer/collections/9085/images/007643858_00172 : accessed 6 November 2022). ↩
- Ibid., Amherst County, Will Books, Vol 3-4, 1786-1810, Book 3, page 450, 19 Aug 1797, Administrator’s Accounts for the estate of Joseph Lively (https://www.ancestry.com/imageviewer/collections/9085/images/007643858_00256 : accessed 6 November 2022). ↩
- “Deed books (with wills, inventories, etc.), 1728-1901; general indexes to deeds, wills, etc., 1728-1969,” browse-only images, FamilySearch (https://www.familysearch.org/search/catalog/406600), citing microfilm of original records at the Goochland County Courthouse in Goochland, Virginia, Film 31655, DGS 7645026, Deed books [with wills, inventories, etc.], v. 6-8 1749-1765, image 24 of 719, Deed Book 6, pages 10-11, 15 Aug 1749 Mark Lively to William Ford Land Deed (https://www.familysearch.org/ark:/61903/3:1:3QS7-89P6-9K9D?i=23&cat=406600 : accessed 10 November 2022). ↩
- “Virginia, Albemarle County, Wills, 1748-1919; general index, 1748-1930,” browse-only images, FamilySearch (https://www.familysearch.org/search/catalog/279536), citing microfilm of original records at the Albemarle County Courthouse in Charlottesville, Virginia, Film 30211, DGS 7644233, Wills and deeds, v. 1 1748-1752, image 25+27 of 306, Will Book 1, page 32-33, Last Will and Testament of Mark Lifely dated 3 Nov 1750 and proven 11 June 1752 (https://www.familysearch.org/ark:/61903/3:1:3QS7-89PH-Z97J?i=24&cat=279536 : accessed 20 November 2022). ↩
- “Land Office/Northern Neck Patents & Grants” (index and images from microfilm), Library of Virginia Archives (https://lva-virginia.libguides.com/land-grants), citing Virginia State Land Office, the collection is housed in the Archives at the Library of Virginia, Land Office Patents No. 16, 1735, p. 148 (Reel 14), Land grant 18 August 1735, Howard Cash grantee, 250 acres on both sides Meadow Creek of the south side of the Rivanna River in Goochland County (https://lva.primo.exlibrisgroup.com/permalink/01LVA_INST/altrmk/alma990007342630205756 : accessed 12 November 2022). ↩
- “Wills (Amherst County, Virginia); index to wills, 1761-1920, 1761-1870,” browse-only images, FamilySearch (https://www.familysearch.org/search/catalog/279608), citing microfilm of original records at the Amherst County Courthouse in Amherst, Virginia, Film 30274, DGS 7643857, Index to wills 1761-1920 Will books v. 1-2 1761-1786, image 377+378 of 675, Will Book 1, pages 228-231, Last Will and Testament of Howard Cash dated 8 Feb 1772 and proven 6 Oct 1772 (https://www.familysearch.org/ark:/61903/3:1:3QS7-L9P7-SGZ?i=376&cat=279608 : accessed 24 November 2022). ↩
- Vallentine, Livelys of America, 1690-1968, p. 6-7, Joseph Lively Jr. line. Sarah Lively, the widow of Joseph Jr., quoted her husband’s birth and death dates from the family Bible on an application for a bounty land warrant based on her husband’s service during the War of 1812. Vallentine’s source was the Veteran’s Pension File No. R 181730. ↩
- “Lost Records Localities: Counties and Cities with Missing Records,” Library of Virginia (https://www.lva.virginia.gov/public/guides/rn30_lostrecords.pdf : accessed 22 Nov 2014). ↩
- Virginia. Commissioner of the Revenue (Amherst County), “Personal property tax lists, 1782-1851,” (browse-only images), FamilySearch (https://www.familysearch.org/search/catalog/775689), citing microfilm of original records at the Virginia State Library in Richmond, Virginia, Film 2024457, DGS 7846299, Personal property tax lists, 1782-1803, image 16 of 615, 1782 PPT List, page 8. line 17, Joseph Lively 1 1 27 12 (https://www.familysearch.org/ark:/61903/3:1:3Q9M-CSQF-23BX?i=15&cat=775689 : accessed 5 November 2022). ↩
- Ibid., image 15 of 615, 1782 PPT List, page 6. last line on the page, Joseph Lively 1 0 3 2 (https://www.familysearch.org/ark:/61903/3:1:3Q9M-CSQF-232T?i=14&cat=775689 : accessed 6 November 2022). ↩
- Vallentine, Livelys of America, 1690-1968. ↩
- “Deed books, 1761-1900; general indexes to deed books, 1761-1903,” database with images, FamilySearch (https://www.familysearch.org/search/catalog/282807), citing microfilm of original records at the Amherst County Courthouse in Amherst, Virginia, Film 30286, DGS 7893711, Deed books, v. D-E 1773-1785, image 238 of 617, Deed Book D, page 447-448, 4 Aug 1777, Wyatt Powell and wife Sarah to Joseph Lively 400 acres on Thresher’s Creek adjacent lands of James Smith and Pierce Wade (https://www.familysearch.org/ark:/61903/3:1:3Q9M-CS4C-CNH3?cat=282807 : accessed 6 November 2022). ↩
- Ibid., Film 30286, DGS 7893711, Deed books, v. D-E 1773-1785, image 404 of 617, Deed Book D, page 218-219, 6 Mar 1780, Joseph and Mary Lively to Robert Cash, 400 acres (https://www.familysearch.org/ark:/61903/3:1:3Q9M-CS4C-CFFY?cat=282807 : accessed 6 November 2022). ↩
- “Land Office/Northern Neck Patents & Grants,” Land Office Grants G, 1782-1783, p. 185 (Reel 48), Land grant 1 September 1782, Joseph Lively, grantee. 400 acres on both sides of the Dutch Creek in Amherst County (https://lva.primo.exlibrisgroup.com/permalink/01LVA_INST/altrmk/alma990007858520205756 : accessed 6 November 2022). ↩
- “Deed books, 1761-1900; general indexes to deed books, 1761-1903,” Film 30287, DGS 7893712, Deed books, v. F-G 1785-1796, image 62 of 702, Deed Book F, pages 110-111, 1 Jan 1787 Joseph Lively and wife Mary to Wm Cabell, 400 acres on both sides of Dutch Creek (https://www.familysearch.org/ark:/61903/3:1:3Q9M-CS4C-Q97R-K?cat=282807 : accessed 6 November 2022). ↩
- Ibid., Film 30287, DGS 7893712, Deed books, v. F-G 1785-1796, image 59 of 669, Deed Book G, pages 676-677, 15 Feb 1796, Peter Johnson and his wife Ann to Matthew Harris (44 acres) (https://www.familysearch.org/ark:/61903/3:1:3Q9M-CS4C-Q9W9-R?cat=282807 : accessed 7 November 2022). ↩
Ibid., Film 30288, DGS 8189992, Deed books, v. H-I 1796-1802 (no v. J), image 59 of 669, Deed Book H, pages 71-72, 18 Jul 1796, Joseph Lively and wife Sally, John Lively and wife Clarissa, and Robert Cash Lively and
wife Elizabeth to Matthew Harris (3×44 acres) (https://www.familysearch.org/ark:/61903/3:1:3Q9M-CSLD-13DF-2?cat=282807 : accessed 7 November 2022). ↩
- Ibid., Film 30288, DGS 8189992, Deed books, v. H-I 1796-1802 (no v. J), image 87 of 669, Deed Book H, page 126, Wm. Griffin & wife Ruth and Zach. Peters & wife Keziah to Wm. Loving two tracts of land containing 44 acres each (https://www.familysearch.org/ark:/61903/3:1:3Q9M-CSLD-13D6-X?i=86&cat=282807 : accessed 4 November 2022). ↩
- Ibid., Film 30288, DGS 8189992, Deed books, v. H-I 1796-1802 (no v. J), image 116 of 669, Deed Book H, pages 185-186, 30 Nov 1796, Benjamin Lively to Mark Lively (44 acres) (https://www.familysearch.org/ark:/61903/3:1:3Q9M-CSLD-13DX-H?cat=282807 : accessed 7 November 2022). ↩
- Ibid., Film 30288, DGS 8189992, Deed books, v. H-I 1796-1802 (no v. J), image 123 of 669, Deed Book H, page 198, 3 Dec 1796, Wm Griffin and his wife Ruth to Mark Lively 44 acres deeded to them by Mary Lively (https://www.familysearch.org/ark:/61903/3:1:3Q9M-CSLD-13DF-1?cat=282807 : accessed 7 November 2022). ↩
- Ibid., Film 30288, DGS 8189992, Deed books, v. H-I 1796-1802 (no v. J), image 131-132 of 669, Deed Book H, page 215-216, 17 Jul 1797, Mark Lively and his wife Mary to Wm Loving 132 acres (https://www.familysearch.org/ark:/61903/3:1:3Q9M-CSLD-13DJ-2?i=130&cat=282807 : accessed 7 November 2022). ↩
- “Unrecorded deeds for future proofs, 1785-1896,” browse-only images, FamilySearch (https://www.familysearch.org/search/catalog/1153965), citing microfilm of original records at the Albemarle County Courthouse in Charlottesville, Virginia, Film 1892398, DGS 7644129, Unrecorded deeds for future proofs, ca. 1785-1863, surnames K-L, images 220-222 of 1165, 18 Oct 1796, Joseph Lively’s heirs sell 126 1/2 acres of land from Joseph’s father Mark B Lively to Joseph’s brother Benjamin Lively (https://www.familysearch.org/ark:/61903/3:1:3QS7-99PH-TWJK?i=219&cat=1153965 : accessed 6 November 2022). ↩
- “Order books, 1744-1831,” browse-only images, FamilySearch (https://www.familysearch.org/search/catalog/275687), citing microfilm of original records in the Albemarle County Courthouse in Charlottesville, Virginia, Film 30257, DGS 8189593, Order books 1795-1801, image 191 of 719, page 331, 5 Jun 1797, an indenture of bargain and sale between (names of 9 Lively heirs) of the one part and Benjamin Lively of the other part (https://www.familysearch.org/ark:/61903/3:1:3Q9M-CSLZ-P9N6-N?cat=275687 : accessed 6 November 2022). ↩
- “Tennessee, U.S., Marriage Records, 1780-2002,” database with images, Ancestry (https://www.ancestry.com/search/collections/1169/), citing Tennessee State Marriages, 1780-2002 microfilm at the Tennessee State Library and Archives, Nashville, TN, Jefferson > 1792 Dec-1881 Jul: Marriages > image 54 of 592, page 40 (stamped), entry 400, 29 Jan 1802, Phillip Sevier and Mary Lively, married by P. Taylor, justice of the peace (https://www.ancestry.com/discoveryui-content/view/6197701:1169 : accessed 23 November 2022). ↩
- 1830 U.S. Federal Census (index and images), Ancestry (https://www.ancestry.com/search/collections/8058/), citing Fifth Census of the United States, 1830 population schedule, National Archives and Records Administration, Washington D.C. NARA microfilm publication M19, 201 rolls, NARA Roll M19_175, FHL Film: 0024533, Tennessee, Anderson County, page 187 (double-page spread), line 16, Philip Seber (accessed 24 November 2022). ↩
- “Tennessee, U.S., Wills and Probate Records, 1779-2008,” database with images, Ancestry (https://www.ancestry.com/search/collections/9176/), citing Tennessee County, District and Probate Courts, Anderson > Wills, 1830-1889 > image 215 of 728 > Will Book Apr 1847 to Dec 1852, page 57, Last Will and Testament of Philip Sieber [Seiber] (https://www.ancestry.com/discoveryui-content/view/3563545:9176?ssrc=pt&tid=164805854&pid=102425988203 : accessed 23 November 2022). ↩
- “Court minutes, 1811-1891,” browse-only images, FamilySearch (https://www.familysearch.org/search/catalog/198766), citing microfilm of original records at the Anderson County courthouse, Minutes 1831-1856, image 400 of 742, page 255, entry 4, will of Philip Sieber [Seiber] presented, proven, and ordered to be recorded at the June 1848 Session of Court (https://www.familysearch.org/ark:/61903/3:1:3Q9M-CSJD-VQQ4?i=399&cat=198766 : accessed 23 November 2022). ↩
- 1850 U.S. Federal Census (index and images), Ancestry (https://www.ancestry.com/search/collections/8054/), citing Seventh Census of the United States, 1850 population schedule, National Archives and Records Administration, Washington D.C., NARA microfilm publication M432, 1009 rolls, Roll: M432_869, Tennessee, Anderson County, Subdivision 16, sheet 39A, 27 Sep 1850, household 546-546, lines 24-28, Joseph Lively (accessed 24 November 2022). ↩
- Ibid., Roll: M432_1, Alabama, Benton County, Subdivision 29, sheet 391B, 26 Feb 1851, household 872-873, lines 4-13, R.C.G. Lively (accessed 24 November 2022). ↩
12 thoughts on “Who Was the Ninth Heir of Joseph LIVELY (1735-1793)?”
Stunning work, Cathy. It sickens me to read about enslaved people in wills etc. But it is part of a history we must acknowledge. So Mary wasn’t included in the heirs in that Lively book, is that right?
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Thank you, Luanne. For a while I shared records releasing the names of the enslaved persons as seen in the link to Sarah in this post.
Mary was not listed as a child of Joseph in the book. I found several trees online that have her attached to Joseph and his wife Mary but no documentation for the relationship or even family lore.
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OK, I wanted to make sure I understand correctly. I did :). Yes, I remember when you did that. That was an admirable project.
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Amazing work as always, Cathy. Like Luanne, I was disturbed by the references to the enslaved woman Sarah in the wills. Your conclusion that Mary was a daughter, not the widow, seems logical and well-supported by the records, the DNA, and the share she inherited.
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The references to enslaved persons is disturbing. Fortunately very few of my ancestors were slave holders. I’ve shared all records that I’ve found for enslaved persons in hopes that the information would be helpful to descendants.
Thank you, Amy, for your input on my conclusion concerning Mary and her being a child of Joseph.
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Cathy, One of the things that I have learned from doing this kind of research is you are never done, especially when you have researched a certain ancestor before. Amazing work! Always learning from you. Brian
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That is so true. We are never done. I’ve been thinking about this as I’d planned on doing my Ancestor Score post on Valentine’s Day. I haven’t added many new ancestors to my tree in the last few years. The research is getting better even if the tree is not “growing.” Thank you, Brian.
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Always a pleasure!
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You’ve done such an admirable job here, not just on the research, but on explaining it, too! It’s true that we are never done, no matter how many records we’ve collected for an ancestor, more seem to keep turning up and adding nuance to the stories.
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Eilene, thank you so much for letting me know the “explaining it” part was well done. You are right about the records that keep turning and adding nuance to the stories.
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Cathy, It has been a long time and I have woefully neglected reading your blog regularly. My apologies. Your work is always excellent and interesting.
I have struggled with the question of posting about enslaved persons that I’ve located over the past couple of years. Like you, I was part of the project to release their names. But, our political environment made me reluctant to continue. Although admittedly, the great majority of my ancestors were generally from the northern states.
So, do I continue to post when I do find something in a will etc.? I very much would like to.
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Diane, there is no need to apologize. I did hardly any writing last year and even the year before.
From my experience, descendants of enslaved persons are very appreciative of any help they receive. If you find records of your ancestors with the names or any kind of information for of enslaved persons, share it on your blog. The Slave Name Roll Project website is no longer being maintained but I still get traffic to my posts via the site. This tells me that it is of interest to others.
I haven’t checked into all the work that The Beyond Kin Project does but they have an Enslaved Population Research Directory that you can add information you find on slaveholders and enslaved persons.