Slave Name Roll Project: RELEASING Will, Cintha, Delph, Cate, Darkis, Roas, Alesey, Chloe, Charlote, Feby, Jude, Peggy, Rick, Cuffey, Thomas, Sal, Easter, Jude, Lucy and Anthony

Following my three part series on the slaves of my 5th grand-father James Sims I’ve made a commitment to write a post on a monthly basis until I’ve RELEASED all of the names of slaves owned by my ancestors. Today I’m RELEASING Will, Cintha, Delph, Cate, Darkis, Roas (Rose), Alesey, Chloe, Charlote, Feby, Jude, Peggy, Rick, Cuffey, Thomas, Sal, Easter, Jude, Lucy and Anthony.

While searching the Chancery Records of Virginia for records naming my ancestors I found this very large bundle initiated by Joseph Peters, Admr of Mary Smith vs Samuel Saunders. Joseph Peters was the brother of my 3rd great-grandfather Jordan N. Peters and the son-in-law of Gideon Smith who in turn was the son of Mary (Hairston) Smith.

I have only scratched the surface of this case with this transcription of the Last Will and Testament of Mary (Hairston) Smith’s father Robert Hairston who died in 1791 in Franklin County, Virginia. The slave named Delph given to Mary in the will had two children and they in turn had more offspring. During October I hope to go through the 127 images which include Bills of Sale, many passages with names and ages, and one long paragraph which includes the names and ages of the originally purchased slaves as well as their increase.

067_1851_022_0043.pdf p. 001
Last Will & Testament of Robert Hairston found in Virginia Chancery Records File Number 1851-022 Admr of Mary Smith vs Samuel Saunders, online http://www.lva.virginia.gov/chancery/case_detail.asp?CFN=067-1851-022 (image 43 of 127)
067_1851_022_0044.pdf p. 001
Last Will & Testament of Robert Hairston found in Virginia Chancery Records File Number 1851-022 Admr of Mary Smith vs Samuel Saunders, online http://www.lva.virginia.gov/chancery/case_detail.asp?CFN=067-1851-022 (image 44 of 127)

In the name of God, Amen. I Robert Hairston being sick
of body but of perfect mind and memory, do make and ordain
this my last Will & Testament, in manner and form following:
First I recommend my Soul to God who first give it me
and my body to be buried at the discretion of my Executors
and touching my worldly goods which it has been please
God to bless me with. I give and bequeath in manner and
form following – Item. I give and bequeath to my loving
son George Hairston five shillings Starling, unto him and
his heirs forever. – Item. I give and bequeath unto my
loving son Peter Hairston, one negro boy Will, to have
after his mother’s death, to him and his heirs forever.
Item. I give unto my beloved son Samuel Hairston five
shillings Starling, to him and his heirs forever.
Item. I give and bequeath unto my beloved daughter
Elizebeth Rowland one negro gairl Cintha, to be first
and kept in the care of George Hairston, to make what
use of it he can for the support of her and her heirs of
her body forever.
Item. I give and bequeath unto my beloved daughter
Mary Smith one negro gairl Delph, also one mare
& coalt, also two head of cattle, one feather Bed and
furniture, unto her and her heirs forever.
Item. I give and bequeath unto my beloved daughter Ruth
Hairston one negro gairl Cate, also one named Darkis,
one dark bay mare & colt, one feather Bed & furniture
also seven head of cattle, one Chest & Trunk, to her and
her heirs forever.- Item. I give and bequeath unto
my beloved daughter Agness Hairston, two negro gairls
Roas and Alesey, also one feather bed & furniture, one mare,
seven hand of cattle, one Desk & Trunk, to her and her heirs
forever. – Item. I give and bequeath unto my beloved grand
daughters Elizabeth Hairston Rowland and Martha, one
negro woman Chloe and child Charlote, also a feather
bed & furniture to be equally divided, with their increase whenever
they both comes of age, to them and their heirs forever.
Item. I give and bequeath unto my belove wife Ruth Hairston
one negro Feby, also Jude, Peggy, Rick and, Cuffey, Thomas, Sal,
Easter, Jude, Lucy and Anthony, likewise the hale of my lands,
stocks of all kinds, household and chitchen furniture, with
all plantation utentials during her life, and after her
decease, to be equally divided between her six daughters,
viz. Martha Hunter, Elizebeth Rowland, Mary Smith, Ruth
Hairston, Jinny Rentfro, Agness Hairston. Item. I leave
my beloved wife Ruth Hairston, Executrix and George Hairston
Executor of this my last will & testament. In witness
whereof I have hereunto set my hand and affixed my
searth this 26th day of May 1790.
                                                Roert Hairston
Witness
Will B. Price
Brett Stovall
Jimmey James

At a court held for Franklin County on Monday the 3d day
of August 1791 – This Will & Testament was presented in court
by George Hairston and Ruth Hairston, Executor and Executrix
therein named and proved by the oaths of William B. Price,
Brett Stovall & Jimmey James witnesses thereto subscribed and
ordered to be recorded. And on the motion of the said Executor
& Executrix, who made oath thereto certificate is granted
them for obtaining probate therof in due form.
                                        Teste.
                                            James Callaway, Clk
                      A copy.
                                 Teste. M. G. Carper, Clk

[Transcribed 30 September 2015 from the images of the chancery records.]

Posts related to the Mary Smith vs Samuel Saunders Chancery Records:

Slave Name Roll Project: RELEASING Will, Cintha, Delph, Cate, Darkis, Roas, Alesey, Chloe, Charlote, Feby, Jude, Peggy, Rick, Cuffey, Thomas, Sal, Easter, Jude, Lucy and Anthony

Slave Name Roll Project: RELEASING Delph, Ben, Sukey, Tom, Jacob, Peggy, Aime and the children

Slave Name Roll Project: Bill of Sale for Delph, Benjamin, and Sukey

Slave Name Roll Project: Bill of Sale for Tom

Slave Name Roll Project: Bills of Sale and Memorandum of Agreement for Jacob

Slave Name Roll Project: Bills of Sale for Peggy and Aime

Slave Name Roll Project: A Conclusion Concerning Delph’s Relationship in the Family

True's statement© 2015 Cathy Meder-Dempsey

Slave Name Roll Project: RELEASING Frank

Following my three part series on the slaves of my 5th grand-father James Sims I’ve made a commitment to write a post on a monthly basis until I’ve RELEASED all of the names of slaves owned by my ancestors. Today I’m RELEASING Frank.

The paternal side of my father’s family lived in Fayette County, (West) Virginia before the Civil War. I checked the Slave Schedules for 1850 and 1860 for Fayette County looking for a familiar or family name. My 3rd great-grand uncle Wilson M. Dempsey turned up on the 1860 schedule with nine slaves between 1-35 however I cannot find any documentation with names of slaves owned by him.

I then went through the other names from 1850 and compared them with the wills, appraisals, and bills of sale found in the West Virginia Will Books, 1756-1971. It took several attempts to find a record mentioning a slave.

Frank, a slave of Henry Montgomery of Fayette County, West Virginia

Henry MONTGOMERY was seen on the 1850 schedule with two slaves, a 20 years old girl and a 2 years old boy.

1850census
1850 U.S. Federal Census > (West) Virginia >Fayette County
1850slave
1850 U.S. Federal Census > (West) Virginia >Fayette County > Slave Schedule

Henry was found in the 1810 (1 slave), 1820, 1830 (2 slaves) census of Kanawha County and the 1840 (1 slaves) and 1850 (2 slaves, as seen above) census of Fayette County.

Henry Montgomery died before September 1852. The appraisement of his estate included “One Negro Boy (Frank)” appraised at $300.

frank
Snippet of page with the name of the Negro Boy Frank.
1852appraisal
“West Virginia Will Books, 1756-1971,” database with images, FamilySearch (https://familysearch.org/pal:/MM9.3.1/TH-1-18271-59094-32?cc=1909099&wc=M6DN-5NG:179689901,179689902 : accessed 28 August 2015), Fayette > Will book, v. 001 1832-1866 > image 134 of 292; county courthouses, West Virginia.

Typewritten transcription of the above image and two following can be found here.

Young Frank does not show up on the sale bill of the personal property of Henry Montgomery.

1852bill
“West Virginia Will Books, 1756-1971,” database with images, FamilySearch (https://familysearch.org/pal:/MM9.3.1/TH-1-18271-59094-32?cc=1909099&wc=M6DN-5NG:179689901,179689902 : accessed 28 August 2015), Fayette > Will book, v. 001 1832-1866 > image 134 of 292; county courthouses, West Virginia.
1852bill1854
“West Virginia Will Books, 1756-1971,” database with images, FamilySearch (https://familysearch.org/pal:/MM9.3.1/TH-1-18271-59191-56?cc=1909099&wc=M6DN-5NG:179689901,179689902 : accessed 28 August 2015), Fayette > Will book, v. 001 1832-1866 > image 135 of 292; county courthouses, West Virginia.

In 1860 Henry’s widow Nancy MONTGOMERY was seen on the 1860 schedule with one 10 years old male slave. Could this be Frank? Although the age is off by 2 years compared to the young male slave seen with Henry in 1850 I believe he is very likely young Frank mentioned in the appraisement.

1860census
1850 U.S. Federal Census > (West) Virginia >Fayette County
1860slave
1850 U.S. Federal Census > (West) Virginia >Fayette County > Slave Schedule

Nancy Montgomery died about June 1866 and her estate was appraised on 31 July 1866 and recorded 10 September 1866.

1866appraisal
“West Virginia Will Books, 1756-1971,” database with images, FamilySearch (https://familysearch.org/pal:/MM9.3.1/TH-1-18272-69094-20?cc=1909099&wc=M6DN-1N5:179689901,179717401 : accessed 28 August 2015), Fayette > Will book, v. 002 1861-1885 > image 17 of 255; county courthouses, West Virginia.

As would be expected no slave is listed on the appraisement which took place 3 years after the Emancipation Proclamation of 1 January 1863.

The bill of the sale was found on page 82 and the settlement of Nancy Montgomery’s estate on page 93.

1867billofsale
“West Virginia Will Books, 1756-1971,” database with images, FamilySearch (https://familysearch.org/pal:/MM9.3.1/TH-1-18272-68551-44?cc=1909099&wc=M6DN-1N5:179689901,179717401 : accessed 28 August 2015), Fayette > Will book, v. 002 1861-1885 > image 48 of 255; county courthouses, West Virginia.
1868settlement
“West Virginia Will Books, 1756-1971,” database with images, FamilySearch (https://familysearch.org/pal:/MM9.3.1/TH-1-18272-68318-37?cc=1909099&wc=M6DN-1N5:179689901,179717401 : accessed 28 August 2015), Fayette > Will book, v. 002 1861-1885 > image 54 of 255; county courthouses, West Virginia.

Without a surname for Frank my attempts to locate him in the census in 1870 were futile.True's statement© 2015 Cathy Meder-Dempsey