Henry RUPE’s Estate and his Widow Catherine’s Last Days

“Well, it has been so troublesome and vexatious that I am almost sorry that old gentleman ever died.” ~ Jacob ROOP, executor of the last will and testament of Henry RUPE [1]

Henry RUPE’s last will and testament did not mention how much land he had when he died. In At Home on the Old Henry Roop Place we learned Henry RUPE had acquired at least 1,147 acres between 1804 and 1826 in Montgomery County, Virginia. Although the RUPP, RUPE, ROOP line has been researched by at least a half a dozen serious researchers[2] I have not heard of a single land record which refers to Henry RUPE selling or gifting land in Virginia during his lifetime. A visit to the county court house and/or state archives is not planned for anytime in the near future. I would however be grateful to anyone willing to share new record finds.

It is not known if Henry gave each of his children land outright or allowed them to live on his land when they married, became independent, or started families (as three of his daughters did without bothering to marry). In his will he mentioned only a tract of 100 acres which his son William lived on:

…William Roupe my sone will take they hundred akers of land that he is now living on for his part of they hole of my estate, he has they priveeledges so to dwo and if not that is to be sold with they rest of my lands…[3]

Perhaps 100 acres was the amount of land he subdivided for his children to use until they decided to settle elsewhere.

The earliest map I could find gives “the names and locations of many of the early a adventurers in the territory – from 1750 to 1865” but does not show the location of Henry Rupe’s mill. I did however find several Civil War period maps which have Roope’s Mill marked to the west of Ryner and southwest of Auburn which would later become Riner.

1865map
Civil War – Map of Montgomery County.[4]

Old Henry Roop Place on Google MyMaps

Zoom in (blue marker above) to see the Old Henry Roop place (below)

MRIN00553 Henry Rupe homeplace
The “Old Henry Roop Place.” Photo courtesy of Roger S. ROOP. Used with permission.

The First Census Following Henry’s Death

Before we go on to the records left after the death of Henry RUPE I would like to discuss a peculiarity of the 1850 census.

In 1850 Henry’s children Jacob, Henry Jr., Caty’s widower Jacob Akers, William, Samuel, Rachel Pharis, and Joseph were living in Montgomery County. James was in Floyd County and John was in Pulaski County. These nine were found on the census. George was living in Indiana but has not been located on the census. Widow Catherine and daughters Elizabeth Compton, Barbara, Mary, and Nancy were not located in 1850. The daughters were still living as will be seen below and should have been enumerated with under-aged and/or unmarried children. Three of William’s sons aged between 14-18 were also missing from the 1850 census. As this seems quite peculiar I would like to throw out a theory: Henry’s widow Catherine, her widowed daughter Elizabeth, her three unmarried daughters and their children, and William’s unmarried sons (their father had remarried in 1846) may have all been living together and working on the home place in 1850 but were missed by the census taker. Is this too farfetched? Why else would they have been missed?

Old Henry Roop Place is Mentioned in These Deeds

Louise Akers included three deeds in her compilation[3] on the family which show Henry RUPE must have owned 406 acres at the time of his death and his wife Catherine had use of 1/3 or 138 acres until her death. It must be noted that these three deeds do not mention all of the children of Henry RUPE and Catherine Barbara NOLL.

MRIN00553 1851 Apr 12 sale of land from Barbara Roop to Henry Roop deedtinyBarbara ROOP and Henry R. ROOP sold their share of the tracts of land know as the old Henry Roop place to Jacob ROOP, executor of his father’s will, on 12 April 1851. [3]

Deed Book 8 p. 52 (Examined is written in the margin)
Roop & al to Jacob Roop
This deed made this 12th day of April 1851 between Barbara Roop and Henry R. Roop of the county of Montgomery and state of Virginia of the one part and Jacob Roop of the other part witnesseth that in consideration of the sum of one hundred and fifty dollars to them paid by the said Jacob Roop the receipt whereof is hereby acknowledged the said Barbara Roop and the said Henry R. Roop do grant unto the said Jacob Roop all the right title and interest in and to these tracts of land know as the old Henry Roop place and which descended from him to his Heirs lying on the head waters of mill creek in the county of Montgomery adjoining the lands of William Smith, George Surface and others. Together by estimation containing about four hundred and six acres be the same more or less and the said Henry R. Roop and Barbara Roop covenant that they will _ a warrant the property hereby conveyed. Witness the following signatures and seals the day and date first above written.
.                                                       Barbara her x mark Roop Seal
.                                                       Henry R. Roop Seal
Signed sealed delivered in the presence of us
Wm Smith
John Whaland

In the clerks office of Montgomery County Court the 5th day of May 1851. This deed of bargain to ale from Barbara Roop and Henry R. Roop of to Jacob Roop was delivered to me and proven by the oath of the witnesses thereto __ and admitted to ___.
R. D. Montague C.

MRIN00553 1851 June 14 sale of land to Jacob Roop by siblings deedtinyElizabeth COMPTON, John ROOP, Henry ROOP, Nancy ROOP and Polly ROOP sold their interest in the Old Henry Roop place to their brother Jacob ROOP on 14 June 1851.[3]

Deed Book, pg. (not given)
Cumpton & al to Jacob Roop
This deed made this 14th day of June in the year 1851 between Elizabeth Cumpton, John Rupe Roop, Henry Roop, Polly Roop and Nancy Roop one part and Jacob Roop of the other part. Witnesseth that for and in consideration of full value paid by the said Jacob Roop, to the said John Rupe, Henry Roop, Polly Roop, Nancy Roop & — the acceipt whereof is hereby acknowledged and of a grant onto the said Jacob Roop by deed with general warranty a ? and each of rights, title & Interest in and to three tracts or parcels of land known as the old Henry Roop place the same lately owned by Henry Roop and which descended from him to his heirs lying on the head waters of mill creek in the county of Montgomery adjoinging the lands of William Smith, George Surface & others together containing by estimation about 406 acres more or less Witness the following signature & seals.
Charles Litten
William Roop                           Elizabeth her x mark Cumton Seal
.                                                   John his x mark Roop Seal
.                                                   Henry his x mark Roop Seal
.                                                   Nancy her x mark Roop Seal
.                                                   Polly her x mark Roop Seal
Montgomery County to wit
I William C. Taylor a Justice of the peace in the county aforesaid in the state of Virginia do hereby certify that Polly Roop a party to (the rest of this line was cut off on the photocopy as well as some text along the right side of the deed)

Are Henry R. ROOP, in the deed dated 12 April 1851, and Henry ROOP, in the deed dated 14 June 1851, the same person? Henry R. ROOP appears to have signed his name while Henry ROOP left his mark. Could the middle initial have been copied incorrectly into the record book? Could this have been George’s son Henry B. RUPE who may have been taking care of business for his father who lived in Indiana?

MRIN00553 1860 Jan 12 Jacob Roop to Joseph Roop land deedtinyOn 12 January 1860 Jacob ROOP sold 138 acres, a part of the Old Henry Roop place, to his brother Joseph ROOP.[3]

Deed Book (number illegible), pg. 520
Jacob Roop to Joseph Roop
This deed made the 12th day of January 1860 between Jacob Roop of the first part and Joseph Roop of the other and both of the County of Montgomery and State of Virginia. Witnesseseth that in consideration of the sum of three hundred and eighteen dollars paid in hand by the said Joseph Roop to the said Jacob Roop the said Jacob Roop doth doth grant unto the said Joseph Roop all his interest consisting of two thirds in a certain tract piece or parcel of land lyin and being in the county aforesaid on the waters of Mill creek known as the Widow’s Dower in the tract of land of Henry Roop decd and containing one hundred and thirty eight acres and Bounded as follows. Beginning at a stake at the foot of a hill and runing N 50 1/2° 134 pl. to two white oaks & a black oak N 1° E 28 pl. to a white oak N 51° E 70 po. to a stake on a hill and N 62 E 20 po. to a stake near the top of a ridge N 47° E 36 po. to 2 pines corner to Smiths land and with it N 35 W 14 po. to 2 red oaks N 39 W 46 po to a black oak, white oak and hickory on Smith’s line. S. 61 W 116 po. to a stake in a field thence S. 46 W 187 po. cross the mill dam to a stake in a field by a road S 36 E 11 po. to a white oak by a road S 7 E 21 po. to a white oak sapling S 23° E 60 po. to the begining. And the said Jacob Roop doth convenant to and with the said Joseph Roop to warrant the aforementioned land with general waranty. Witnesseth the following signatures and seals.
.                                                                         Jacob Roop seal
State of Virginia
Montgomery County to-wit:
I William A. Stone a Justice of the peace for the county aforesaid in the state of Virginia do certify that Jacob Roope whose name is signed to the writing above bearing date the 12th day of January 1860 has been acknowledged before me in my County aforesaid. Given under my hand this 14th day of January 1860.                                                                   W. A. Stone J.P.
In the Clerks Office of Montgomery County Court the 21st day of June 1860
In the left margin: Examined & delivered to Jos. Roop

When Did Henry’s Widow Catherine Die?

Henry’s son Jacob ROOP was still settling his father’s estate in January 1860 when the Widow’s Dower went to the youngest son Joseph. Could this mean their mother was recently deceased?

There has been much speculation about when Catherine Barbara NOLL died. She was not found in the 1850 census, as discussed above, the 1860 census, or the Mortality Schedule for 1859-1860, the year prior to the enumeration of the 1860 census.

Redmond Ira Roop his speech in 1927 said she died in 1861 at the age of 95. It is unlikely she died after her son Joseph bought the Widow’s Dower. Could she have died just before 12 January 1860? I hope her death may have been noted in a batch of chancery records which are not yet available online.

After Catherine’s death a chancery case was “going on” up until 1870 between John ROOP etc. and Jacob ROOP, Executor of Henry’s will. I found this indexed on the Library of Virginia site however the scanned images are not yet available online. The will of Henry RUPE was submitted as evidence per the index. The surnames mentioned are AKERS, CHANDLER, COMPTON, PHARIS, ROOP (various spellings), SILVERS, and SMITH. Akers, Compton and Pharis were the married names of daughters Caty, Elizabeth and Rachel. Chandler was the married name of Caty’s daughter Catherine and Silvers was the married name of her daughters Narcissa, Ruth and Lucinda. Caty’s children are most likely mentioned as she died before 1850. This is, of course, speculation on my part as I have not seen the images with the surnames which were indexed.

The Henry and Catherine Rupe Family Cemetery

Using Google MyMaps (above) I was able to pinpoint the exact location of the cemetery on the old homeplace using the Civil War period maps with the location of the “Roope Mill,” the descriptions on the land deeds mentioned in At Home on the Old Henry Roop Place, and Roger S. Roop’s photos.

MRIN00553 Henry Rupe Family Cemetery courtesy of Roger S. Roop
The family cemetery on the “Old Henry Roop Place.” Photo courtesy of Roger S. ROOP. Used with permission.
MRIN00553 Henry_Catherine_Null__Rupe_Family_Memorial1
Photo courtesy of Roger S. ROOP. Used with permission.

Catherine was buried on the Old Henry Roop place next to her husband Henry. Louise Roop Anderson Akers used the proceeds from her book The Family Rub, Rup, Rupe, Roop, Roope (2001) to buy a memorial marker for the spot believed to be the final resting place of Henry RUPE and his wife Catherine Barbara NOLL. Although it includes the names of all of their children only Henry, Catherine, their youngest son Joseph and some of his family were buried in the Henry & Catherine Rupe Family Cemetery outside of Riner, Virginia.

This concludes the family history of Henry RUPE, the youngest son of the immigrant Johann Jacob RUPP. It is now time to cross the Atlantic Ocean and go back to the roots of the Rupp family in Oberhoffen-lès-Wissembourg in present-day France.

bestwishescathy1
Sources:
[1] Everette L. McGrew, My Mother Was A Rupe (revised edition August 2000).
[2] Researchers: Linda Pearl Dickey Roop, Everette Llavon McGrew, Louise Roop Anderson Akers, Theron Arvel Rupe, Helen Dale Roop Osborne, Lois Rowe Johnsten, Delores Roberta Dees Springer
[3] Louise Roop Anderson Akers, comp., The Family Rub, Rup, Rupe, Roop, Roope (2001 Printed by Jamont Communications, 339 Luck Ave., Roanoke, VA 24016). Citing Montgomery County, Virginia, Will Books.
[4] Confederate States Of America. Army. Dept. Of Northern Virginia. Chief Engineer’s Office, et al. Map of Montgomery County. [S.l.: Chief Engineer’s Office, D.N.V, 1864] Map. Retrieved from the Library of Congress, <https://www.loc.gov/item/gvhs01.vhs00348>.

Genealogy Sketch

Name: Henrich “Henry” RUPE Sr.
Parents: Johann Jacob RUPP and Maria Barbara NONNENMACHER
Spouse: Catherine Barbara NOLL
Parents of spouseJohan Anton “Anthony” NOLL and Maria Magdalena BRENTEL
Whereabouts: Baltimore MD, Rockbridge VA, Montgomery VA
Relationship to Cathy Meder-Dempsey: 5th great-grandfather

  1. Henrich “Henry” RUPE Sr.
  2. James ROOP
  3. Gordon H. ROOP
  4. Gordon Washington ROOP
  5. Walter Farmer ROOP
  6. Myrtle Hazel ROOP
  7. Fred Roosevelt Dempsey
  8. Cathy Meder-Dempsey

© 2016, copyright Cathy Meder-Dempsey. All rights reserved.

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Slave Name Roll Project: RELEASING Charlotte and Jim

Following my three part series on the slaves of my 5th grand-father James Sims during Black History Month in February 2015 I 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.

In 2015 I did one post a month from March until September and then six during Family History Month in October. I could have spread them over several months but I was so excited to have found the records. I didn’t want to have their descendants wait either!

Not all of these were for my own ancestors. I’m having difficulty finding ancestors who owned slaves so to get back to a monthly RELEASING post I searched through the “West Virginia Will Books 1756-1971” for Nicholas County, where my 5th grand-father James Sims lived, to find some of his contemporaries who might have also had slaves in their possession.

Slave Name Roll Project: RELEASING Charlotte and Jim

Hedgman Triplett (d. ca. 1828) was the son of Col. Francis Triplett who owned Muskingum Island, a long narrow bar island on the Ohio River in Wood County, West Virginia, between the towns of Moore Junction, Ohio, and Boaz, West Virginia. Hedgman and his siblings are mentioned in the 1803 Chancery Records Case in Augusta County, Virginia concerning island owned by the Colonel. I skimmed through the 26 images and found no mention of slaves due, clearly due to the fact that this case was about the land.

Hedgman and his brother Robert Triplett were living in New Point, Wood County, (West) Virginia in 1810 when the census was enumerated. Neither of them have a number listed in the column for slaves. Soon after the census Hedgman moved to Nicholas County in the area which would later become Braxton County as we see in this statement:

About 1810, Hedgemon Triplett came to the county and settled near Tate Creek, from a few miles below Sutton and embracing most of the territory of Clay County. ~ History of Braxton County and Central West Virginia by John Davison Sutton, 1919

In his household in 1820 in Nicholas County was a male slave under the age of 14 and a female slave age between 26 and 44 years.

Hedgman Triplett died before 31 January 1829. No will was found. His wife Mary Triplett née McClanahan was administratix and his son-in-law/nephew by marriage William S. McClanahan was administrator of his estate. On 31 January 1829 an inventory of the estate was made. It included two slaves, one negro man named James (sic, later seen as Jim) valued at $300 and one negro woman named Sharlote (sic, later seen as Charlotte) valued at $160.

1829triplettinventory1
“West Virginia Will Books, 1756-1971,” database with images, FamilySearch (https://familysearch.org/pal:/MM9.3.1/TH-1-18231-21358-58?cc=1909099 : accessed 22 January 2016), Nicholas > Will book, v. 001 1820-1899 > image 38 of 158; county courthouses, West Virginia (bottom of page 48 of the register)
1829triplettinventory2
“West Virginia Will Books, 1756-1971,” database with images, FamilySearch (https://familysearch.org/pal:/MM9.3.1/TH-1-18231-21358-58?cc=1909099 : accessed 22 January 2016), Nicholas > Will book, v. 001 1820-1899 > image 38 of 158; county courthouses, West Virginia (top of page 49 of the register)

On 20 February 1829 Mary Triplett and William S. McClanahan sold the personal property of the estate of Hedgman Triplett. The Bill of Sale (lower part of page 49 of register and upper part of page 50 of register) does not have slaves listed.

A memorandum of property sold by the administrator and administratix of the estate was was added on 25 March 1830. Hedgman’s widow Mary bought one negro woman aged about forty-four years named Charlotte for $100. The memorandum is helpful as it includes Charlotte‘s age.

1830triplettmemorandum
“West Virginia Will Books, 1756-1971,” database with images, FamilySearch (https://familysearch.org/pal:/MM9.3.1/TH-1-18231-21644-61?cc=1909099 : accessed 22 January 2016), Nicholas > Will book, v. 001 1820-1899 > image 44 of 158; county courthouses, West Virginia. Top of page 61 of the register.

On 28 April 1831 the accounts and vouchers for the estate were presented to the court. During the March 1833 term of court the settlement was presented to court and ordered to be file. It was recorded during the August 1833 term of court.

1831triplettsettlement
“West Virginia Will Books, 1756-1971,” database with images, FamilySearch (https://familysearch.org/pal:/MM9.3.1/TH-1-18231-21648-65?cc=1909099 : accessed 22 January 2016), Nicholas > Will book, v. 001 1820-1899 > image 51 of 158; county courthouses, West Virginia. Bottom of page 74 of the register.
1831triplettsettlementrecorded1833
“West Virginia Will Books, 1756-1971,” database with images, FamilySearch (https://familysearch.org/pal:/MM9.3.1/TH-1-18231-21648-65?cc=1909099 : accessed 22 January 2016), Nicholas > Will book, v. 001 1820-1899 > image 51 of 158; county courthouses, West Virginia. Top of page 75 of the register.

The settlement shows one negro man named Jim was sold for $100 as well as one negro woman named Charlotte for $100. The name of the person to whom Jim was sold was not found in these records, however, I believe Mary Triplett may have bought him.

In 1830 when the census was enumerated in Nicholas County Mary Triplett was the head of a household which included a male slave age 24 thru 35 and a female slave age 36 thru 54. Charlotte who was 44 in 1830 per the memorandum to the bill of sale fits in the age group seen for the female slave. The male slave may have been around 24 years of age as the male seen in the household in 1820 was under 14. Could this be Jim? Was he the son of Charlotte?

In 1836 Braxton County was founded from parts of Kanawha, Lewis, and Nicholas counties. This is where, in 1840, Mary and her son Nathaniel appear as M. and N.H., the heads of one household, with one female slave age 36 thru 54. Charlotte was 54 and a match for this person. No male slave was in this household or the household of Mary’s son Sinnett Triplett who lived next door. If Jim was still living, was he sold or loaned out?

Charlotte‘s last known owner, Mary Triplett, died between 1840-1850 and her son Sinnett had his two unmarried brothers, Marshall and Nathaniel, in his household in 1850.

No slave owner by the name of Triplett was on the 1850 or 1860 Slave Schedule for Braxton. Clay County was formed in 1858 from Nicholas and Braxton. Mary’s son Marshall was living in Clay County in 1860 and had what looks like a family of 5 slaves living in one slave house: a male age 38, female age 30, and 3 females age 9, 6, and 1.

True's statement© 2016 Cathy Meder-Dempsey

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

Following my three part series on the slaves of my 5th grand-father James Sims I 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. During October, Family History Month, I worked through a large chancery file pulling as much information out of it as possible and posting weekly in hopes of helping the descendants of the slaves mentioned.

I RELEASED Delph, Ben, Sukey, Tom, Jacob, Peggy, Aime, and their children Sandy, Britton, Reuben, Betsey, Pleasant, Benjamin, Cynthia, Calvin, Sarah, Susan, Adeline, John, William, Mary, Alice, Jacob, Ellender, Giles, Edward, Serena, Lucy, Margaret, Sam, an [unnamed] infant, Martha, Charles,  and Green (or Gwen) as well as Will, Cintha, Cate, Darkis, Roas, Alesey, Chloe, Charlote, Feby, Jude, Peggy, Rick, Cuffey, Thomas, Sal, Easter, Jude, Lucy and Anthony using information found in Chancery Records file for Administrator of Mary Smith vs Samuel Saunders, Franklin County, Virginia, index number 1851-022.

This is a very interesting case. If the people involved had been my ancestors I would have taken the time to transcribe the entire 127 images and put them in chronological order.

The testimony on Mary Smith by her neighbors gave me the impression she was “fooled over” due to her having a “weak mind” and “drinking spirits.” She was an old lady and may have been promised matrimony by Saunders to get possession of her slaves. She “lived like a negro” in a slave cabin on Saunders plantation until her son took her in.

delphI believe Delph, the slave given to Mary Smith by her father Robert Hairston per his last will and testament, was the mother of the other six slaves, Ben, Sukey, Jacob, Tom, Peggy, and Aime [not only Ben and Sukey as seen in the bill of sale]. One witness questioned replied:

“She had no kind of property except a gang of little negroes. She had no home, or cow, or fowls as I saw. I was frequently there. She had a little household furniture and precious little of that.”

and being asked if the slaves he saw at Saunders plantation were the same “gang” he saw with Mary Smith he replied,

“I allowed they were the same, on account of their calling the old negro wench, Delph, mother. I knew the old negro wench well.”

[Source: Chancery Records for Admr of Mary Smith vs Samuel Saunders, Franklin County, Virginia, index number 1851-022; online http://www.lva.virginia.gov/chancery/case_detail.asp?CFN=067-1851-022 (image 123 of 127)]

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: Bills of Sale for Peggy and Aime

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. During October, Family History Month, I worked through a large chancery file pulling as much information out of it as possible and posting weekly in hopes of helping the descendants of the slaves mentioned.

I RELEASED Delph, Ben, Sukey, Tom, Jacob, Peggy, Aime, and their children Sandy, Britton, Reuben, Betsey, Pleasant, Benjamin, Cynthia, Calvin, Sarah, Susan, Adeline, John, William, Mary, Alice, Jacob, Ellender, Giles, Edward, Serena, Lucy, Margaret, Sam, an [unnamed] infant, Martha, Charles,  and Green (or Gwen). This is a continuation of information found on these slaves including the Bills of Sale found for the original 7 slaves, Delph, Ben, Sukey, Tom, Jacob, Peggy, and Aime.

Bill of Sale for Peggy and Aime

The Bill of Sale for Peggy and Aime slaves of Mary Smith was found in the Chancery Records Administrator of Mary Smith vs Samuel Saunders, Franklin County, Virginia, index number 1851-022.

These are screenshots of the Bill of Sale found.

billofsalepeggyandaimeggcover
Cover of Bill of Sale for Peggy and Aime (Exhibit GG) found in Chancery Records for Admr of Mary Smith vs Samuel Saunders, Franklin County, Virginia, index number 1851-022; online http://www.lva.virginia.gov/chancery/case_detail.asp?CFN=067-1851-022 (image 60 of 127) : accessed 12 October 2015

Mary Smith
Bill of Sale
Peggy Aime
“GG”

Recd this 26th Day September 1819 of Saml
Saunders infull of the Within named Negroes
named in the within Bill Sale
                                        her
Teste                        Mary + Smith
Richard Beckett              mark

billofsalepeggyandaimegg
Bill of Sale for Peggy and Aime (Exhibit GG) found in Chancery Records for Admr of Mary Smith vs Samuel Saunders, Franklin County, Virginia, index number 1851-022; online http://www.lva.virginia.gov/chancery/case_detail.asp?CFN=067-1851-022 (image 59 of 127) : accessed 12 October 2015

Know all men By these Presents that I Mary
Smith of the County of Franklin for and in the
consideration of the Sum of three hundred
& fifty Dollars current money of Virginia
to me in hand paid by Saml Saunders
of the Said County have Bargained & Sold
and by these Presents Doth Bargained & Sold
and Deliver & Confirm unto thre Said Saml
Saunders one Negroe Woman named
Peggy and one Negroe Girl named Aime
which I the Said Mary Smith Do Warrant
& Defend unto the Said Saml Saunders his
heirs Executors Administrators & Assigns and to
the only use & Behoof of the Said Saml
Saunders and I the Said Mary Smith
Do Warrant & forever Defend the Title
of the Said Negroes from me my Heirs
Executors Administrators or Assigns firmly
By these Presents as Witness my
hand & Seal this 8 Day August
1815
Teste                              her
Braxton James          Mary + Smith (Seal)
Spencer James               mark

Bill of Sale for Aime (additional)

billofsaleaimeiicover
Cover of Bill of Sale for Aime (Exhibit II) found in Chancery Records for Admr of Mary Smith vs Samuel Saunders, Franklin County, Virginia, index number 1851-022; online http://www.lva.virginia.gov/chancery/case_detail.asp?CFN=067-1851-022 (image 62 of 127) : accessed 12 October 2015

Smith Mary
To          Copy deed
Gideon Smith
“II”

billofsaleaimeii
Cover of Bill of Sale for Aime (Exhibit II) found in Chancery Records for Admr of Mary Smith vs Samuel Saunders, Franklin County, Virginia, index number 1851-022; online http://www.lva.virginia.gov/chancery/case_detail.asp?CFN=067-1851-022 (image 61 of 127) : accessed 12 October 2015

This Indenture mad (sic) this eleventh day of June in
the year of hower (sic) Lord eighteen hundred and nine-
teen Mary Smith of the one part and Giddeon
Smith of the other part, both of the County of
Franklin & State of Virginia, Wittnessed that for
and in consideration of the Sum of one Dollar to
the said Mary Smith in hand paid by the said
Giddeon Smith the Recepts (sic) whereof she the sd
Mary Smith doth hereby acknowleg (sic) have granted
given & delievered unto the said Giddeon Smith
one female Negar (sic) Girle (sic) Named Ame (sic) to have and
to hold the said Negar (sic) Ame (sic) & all her in Crees (sic)
to the said Giddeon Smit (sic) and his heirs forever
in fee simpl (sic) in wittnessed whereof the said
sid (sic) Mary Smith have set her hand & seal
the day an (sic) year above written
Teste                                           her
James Cannady                    Mary X Smith (Seal)
James Towney                             mark
Chesley Rakes
                   At a court held for Franklin
County December 6th 1819. This Bill of
sale from Mary Smith to Giddeon Smith
was proved by the oath of James Cannady and
James Towney two of the Wittnesses hereto and
the same was ordered to be recorded.
                       Teste. Caleb Tate C.F.C.

[Transcribed 27 October 2015 from the image found in the chancery records.]

Note: Gideon Smith was the son of Mary (Hairston) Smith.

This is the last of the documents found in the Chancery Records Administrator of Mary Smith vs Samuel Saunders, Franklin County, Virginia, index number 1851-022.

  • Images 2 through 5 are the bill of the plaintiff Joseph Peters, the administrator of the estate of Mary Smith (7 pages)
  • Images 7 through 13 are the answer of the defendant Samuel Saunders (10 pages)
  • Images 43 through 62 are the will and the bills of sale for the slaves
  • Depositions were given by William Martin, Samuel T. Palmer, William Herd (twice), Stephen Cannaday, Brice Edwards, Jane Radford, Frances Hale, Alvin Lewis, Edward Cockram, Samuel Sneed, Isham Cockram, Joshua Knowles, James Ingram, Chisley Rakes, Drury Haynes, Braxton James, Robert T. Woods, Thomas Stanley, Thomas Keys, Booker Mullens, Samuel Hale, Wiley P. Woods, Matthew Martin, and Sarah Boyd. If you are interested in any specific person I made notes of the images of each person who gave witness and will be happy to share.

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: Bills of Sale and Memorandum of Agreement for Jacob

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. During October, Family History Month, I’m working through a large chancery file pulling as much information out of it as possible and posting weekly in hopes of helping the descendants of the slaves mentioned.

I RELEASED Delph, Ben, Sukey, Tom, Jacob, Peggy, Aime, and their children Sandy, Britton, Reuben, Betsey, Pleasant, Benjamin, Cynthia, Calvin, Sarah, Susan, Adeline, John, William, Mary, Alice, Jacob, Ellender, Giles, Edward, Serena, Lucy, Margaret, Sam, an [unnamed] infant, Martha, Charles,  and Green (or Gwen). This is a continuation of information found on these slaves including the Bills of Sale found for the original 7 slaves, Delph, Ben, Sukey, Tom, Jacob, Peggy, and Aime.

Bills of Sale for Jacob

The Bill of Sale for Jacob, a slave sold by Mary Smith and her son Gideon to Samuel Saunders, was found in the Chancery Records Administrator of Mary Smith vs Samuel Saunders, Franklin County, Virginia, index number 1851-022.

These are screenshots of the Bill of Sale ($200) labelled as exhibit “EE”, Memorandum of Agreement labelled as exhibit “HH” and Bill of Sale ($450) labelled as exhibit “FF” by Samuel Saunders the respondent in the case.

12 May 1815

billofsalejacobeecover
Cover of Bill of Sale for Jacob (Exhibit EE) found in Chancery Records for Admr of Mary Smith vs Samuel Saunders, Franklin County, Virginia, index number 1851-022; online http://www.lva.virginia.gov/chancery/case_detail.asp?CFN=067-1851-022 (image 50 of 127) : accessed 12 October 2015

Mary Smith
Bill of Sale
Jacob
“EE”

billofsalejacobee
Bill of Sale for Jacob (Exhibit EE) found in Chancery Records for Admr of Mary Smith vs Samuel Saunders, Franklin County, Virginia, index number 1851-022; online http://www.lva.virginia.gov/chancery/case_detail.asp?CFN=067-1851-022 (image 49 of 127) : accessed 12 October 2015

Know All Men By these Presents
that I Mary Smith of the County of
Franklin for and in the consideration
of the Sum of Two hundred Dollars
Current money of Virginia to me in
hand paid by Saml Saunders of the
said County have Bargained & Sold and
By these Presents Presents Doth Bargain Sell
Deliver & Confirm unto the said Saml
Saunders one Negroe Boy Slave
named Jacob which I the Said Mary
Smith Do Warrant & Defend unto the
Said Saml Saunders his heirs Executors
Administrators &  and to the only
use & behoof of the said Saml
Saunders and I the said Mary
Smith Do Warrant & forever Defend
the title of the Said Negroe from
me my Heirs Executors Administrators
and assigns firmly by these Presents
as witness my hand & Seal this
12 Day May 1815
                                       her
Teste                       May + Smith (Seal)
Francis Hale                  mark       
Thomas Keys                  his
Braxton James     Gideon X Smith
                                      mark

13 May 1815

billofsalejacobhhcover
Cover of Memorandum of Agrement for Jacob (Exhibit HH) found in Chancery Records for Admr of Mary Smith vs Samuel Saunders, Franklin County, Virginia, index number 1851-022; online http://www.lva.virginia.gov/chancery/case_detail.asp?CFN=067-1851-022 (image 54 of 127) : accessed 12 October 2015

Mary Smith
Agmt (Agreement)
Saunders
“HH”

billofsalejacobhh
Memorandum of Agrement for Jacob (Exhibit HH) found in Chancery Records for Admr of Mary Smith vs Samuel Saunders, Franklin County, Virginia, index number 1851-022; online http://www.lva.virginia.gov/chancery/case_detail.asp?CFN=067-1851-022 (image 53 of 127) : accessed 12 October 2015

Memorandum of agreement made and
Entered into this Day Between Mary Smith
of the County of Franklin of the one part
& Saml Saunders of the Said County of the
other Witnesseth that the Said Mary
Smith have Bargained & Sold unto
the Said Saml Saunders one Negroe Boy
Slave named Jacob for the Sum of
Two hundred Dollars which the Said
Saml Sunders Doth agree to Pay
to the Said Mary Smith at the Experation
of three years and the Said Mary
Smith to Keep Possession of the Said
Negroe Till that TIme and In case
the Said Mary Smith Should Decease
Before that Time the Said Saml Saunders
is to have Possession of the Said Negroe
and Pay the Said Sum to Gideon Smith
for the Time Performance of which
We Bind Our Selves and Executors Administrators
firmly By these Presents as Withness
our hand & Seals this 13 Day May
1815.                                      her
Thomas Keys             Mary + Smith (Seal)
Francis Hale                      mark
                                  Saml Saunders (Seal)

10 August 1815

billofsalejacobffcover
Cover of Bill of Sale for Jacob (Exhibit FF) found in Chancery Records for Admr of Mary Smith vs Samuel Saunders, Franklin County, Virginia, index number 1851-022; online http://www.lva.virginia.gov/chancery/case_detail.asp?CFN=067-1851-022 (image 56 of 127) : accessed 12 October 2015

Gideon & Mary Smith
Bill of Sale
Jacob
“FF”

billofsalejacobff
Bill of Sale for Jacob (Exhibit FF) found in Chancery Records for Admr of Mary Smith vs Samuel Saunders, Franklin County, Virginia, index number 1851-022; online http://www.lva.virginia.gov/chancery/case_detail.asp?CFN=067-1851-022 (image 55 of 127) : accessed 12 October 2015

Know all men by these Presents that we
Mary Smith & Gideon Smith of the County
of Franklin for and in the consideration
of the Sum of four hundred & fifty
Dollars Current Money of Virginia
to me in hand paid by Saml Sunders of
the County of Franklin at and Before the
Sealing and Delivery of these Presents the
Receipt whereof we Do hereby acknowledge
have Bargained Sold Granted & Confirmed to the
Said Saml Saunders one Negro Boy named
Jacob To have & to hold the said Negroe
to the only use and behoof of the Said Saml
Saunders his Executors Administrators and Assigns
for ever and I the Said Mary Smith & Gideon
Smith for our Selves our heirs Executors Admistrators
the Said Negroes(sic) to the Said Saml Saunders his
heirs Executors Against me the Said Mary
Smith & Gideon Smith and heirs Executors Adminstrators
and against all & every Person or Persons
whatever will warrant forever Deferred
By these Presents as witness our hands
& Seals this 10 Day August 1815
Teste                                     her
E. Lewis                      Mary + Smith (Seal)
         his                              mark
John + Griffith                     his
       mark                   Gideon + Smith (Seal)
                                             mark

[Transcribed 27 October 2015 from the image found in the chancery records.]

Note: Gideon Smith was the son of Mary (Hairston) Smith.

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: Bill of Sale for Tom

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. During October, Family History Month, I’m working through a large chancery file pulling as much information out of it as possible and posting weekly in hopes of helping the descendants of the slaves mentioned.

I RELEASED Delph, Ben, Sukey, Tom, Jacob, Peggy, Aime, and their children Sandy, Britton, Reuben, Betsey, Pleasant, Benjamin, Cynthia, Calvin, Sarah, Susan, Adeline, John, William, Mary, Alice, Jacob, Ellender, Giles, Edward, Serena, Lucy, Margaret, Sam, an [unnamed] infant, Martha, Charles,  and Green (or Gwen). This is a continuation of information found on these slaves including the Bills of Sale found for the original 7 slaves, Delph, Ben, Sukey, Tom, Jacob, Peggy, and Aime.

Bill of Sale for Tom

The Bill of Sale for Tom, a slave sold by Mary Smith and her son Gideon to Samuel Saunders, was found in the Chancery Records Administrator of Mary Smith vs Samuel Saunders, Franklin County, Virginia, index number 1851-022.

These are screenshots of the Bill of Sale labelled as exhibit “DD” by Samuel Saunders the respondent in the case.

billofsaleback
Cover of Bill of Sale for Tom (Exhibit DD) found in Chancery Records for Admr of Mary Smith vs Samuel Saunders, Franklin County, Virginia, index number 1851-022; online http://www.lva.virginia.gov/chancery/case_detail.asp?CFN=067-1851-022 (image 52 of 127) : accessed 12 October 2015

Mary Smith
        &
Gideon Smith
Bill
Sale
Negro Boy
Tom
“DD”

billofsaletom
Bill of Sale for Tom (Exhibit DD) found in Chancery Records for Admr of Mary Smith vs Samuel Saunders, Franklin County, Virginia, index number 1851-022; online http://www.lva.virginia.gov/chancery/case_detail.asp?CFN=067-1851-022 (image 51 of 127) : accessed 12 October 2015

Know All Men by these Presents that We Mary Smith
and Gideon Smith of the County of Franklin for and in
the consideration of the Sum of Two hundred Dollars to us
in hand paid by Saml Saunders of the County afersaid at
and before the Sealing and Delivery of these Presents
the Recpt [receipt] whereof We do hereby Acknowledge have Bargained
Sold Granted and Confirm and by these Presents Do Bargain
Sell Grant and Confirm to the said Saml Saunders one Negroe
Boy Slave named Tom to have & to Hold the Said
Negroe Boy to the only the only Proper use and Behoof of
the Said Saml Saunders his Executors Administrators and
Assigns for ever and We the Said Mary Smith & Gideon
Smith for my our Selves our Heirs Executors and Administrators
the Said Negroe Boy to the Said Saml Saunders his Executors
Administrators and Assigns against us the Said Mary
Smith & Gideon Smith our Executors Administrators and
Assigns and against all and Every Other Person and
Persons whatsoever Shall and Will Warrant and
for ever Defend by these Presents in Witness whereof
We have hereunto Set our hands and affixed our
Seals this 22 Day of March 1813
Sealed and Delivered and Possession                 Mary Smith (signature & seal)
Delivered in the Presents of us.                          Gideon Smith (signature & seal)

Signatures:
Braxton James
Joshua Knowles

[Transcribed 19 October 2015 from the images found in the chancery records.]

Note: Gideon Smith was the son of Mary (Hairston) Smith.

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: Bill of Sale for Delph, Benjamin, and Sukey

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.

Last week I RELEASED Delph, Ben, Sukey, Tom, Jacob, Peggy, Aime, and their children Sandy, Britton, Reuben, Betsey, Pleasant, Benjamin, Cynthia, Calvin, Sarah, Susan, Adeline, John, William, Mary, Alice, Jacob, Ellender, Giles, Edward, Serena, Lucy, Margaret, Sam, an [unnamed] infant, Martha, Charles,  and Green (or Gwen).

This is a continuation of information found on the above group of slaves. I am sharing the Bills of Sale found for the original 7 slaves, Delph, Ben, Sukey, Tom, Jacob, Peggy, and Aime.

Bill of Sale for Delph, Benjamine (aka Ben), and Sukey

The Bill of Sale for the slave woman named Delph given to Mary Smith by her father Robert Hairston and two of her children Benjamine, also seen as Ben, and Sukey was found in the Chancery Records in a batch of 127 images.

These are screenshots of the Bill of Sale found.

billofsaledelphback
Cover of Bill of Sale for Delph, Benjamin, and Sukey found in Chancery Records for Admr of Mary Smith vs Samuel Saunders, Franklin County, Virginia, index number 1851-022; online http://www.lva.virginia.gov/chancery/case_detail.asp?CFN=067-1851-022 (image 58 of 127) : accessed 11 October 2015

Bill of Sale: Mary Smith to Saunders, 3 negroes. Labeled “CC” by the respondent Samuel Saunders.

Recd [received] this 20th March 1817 of Saml Saunders infull of the within Negroes named in the within Bill Sale.
her X mark Mary Smith
Teste Richard Beckett

billofsaledelph
Bill of Sale for Delph, Benjamin, and Sukey found in Chancery Records for Admr of Mary Smith vs Samuel Saunders, Franklin County, Virginia, index number 1851-022; online http://www.lva.virginia.gov/chancery/case_detail.asp?CFN=067-1851-022 (image 57 of 127) : accessed 11 October 2015

Know All Men By these Presents that I Mary
Smith & G. Smith
[inserted] of the County of Franklin for and in the
consideration of the Sum of Seven hundred Dollars
to us
[me crossed out] in hand paid by Saml Saunders of the
County afersaid at and Before the Sealing and
Delivery of these Presents the Receipt whereof
We do hereby Acknowledge have Bargained Sold
Granted and Confirmed and by these Presents Do
Bargain Sell Grant and Confirm to the said
Saml Saunders a Certain female Negroe Slave
named Delph and her Two Children named
Benjamine & Sukey. To Have and to hold the
Said Negroes and their future Increase to
the only Proper use and Behoof of the Said
Saml Saunders his Executors Administrators and Assigns
for ever and I the Said Mary Smith for my self my
Executors and Administrators the Said Negroes with their
future Increase to the Said Saml Saunders his Executors
Administrators and Assigns against me the Said
Mary Smith & Gideon Smith
[inserted] our [written over my] Executors Administrators and Assigns
and against all and Every Other Person and
Persons whatsoever Shall and Will Warrant
and for ever Defend by these Presents in
Witness whereof We have hereunto Set our
[my crossed out] hand
and affixed our
[my crossed out] Seals this 10 Day of March
in the year 1813
Sealed and Delivered and                  Mary Smith
(signature & seal)
Possession Delivered in the               Gideon Smith
(signature & seal)
Presents of us.
Signatures:
Braxton James
Waddy Thompson

[Transcribed 11 October 2015 from the image found in the chancery records.]

Note: Gideon Smith was the son of Mary (Hairston) Smith.

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 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

52 Ancestors: #48 Who was the father of Rachel PROFFITT? ~ A Study of Family Groups

52ancestors“The challenge: have one blog post each week devoted to a specific ancestor. It could be a story, a biography, a photograph, an outline of a research problem — anything that focuses on one ancestor.”

This is entry #48 in Amy Johnson Crow’s Challenge: 52 Ancestors in 52 Weeks.

52 Ancestors: #48 Who was the father of Rachel PROFFITT? ~ A Study of Family Groups

Since writing Rachel’s story back in June 2014 I’ve been working on and off, and more intensively the past two weeks, on the two men who may have been her father: David PROFFITT and his brother Austin PROFFITT. I had planned on discussing both sets of possible parents in two post as I still had unresolved questions concerning Rachel’s parentage. Then I changed my mind because I think that it is more likely that David and his wife Sally were her parents than Austin and his wife Patsy. Is it a gut feeling or based on evidence?

1942 Nannie Ellen Cates death
Certificate of Death for Mrs. Nannie Ellen Cates [Ancestry.com. North Carolina, Death Certificates, 1909-1975 : accessed 20 June 2014]
Rachel PROFFITT, my third great-grandmother, was born about 1817 in Franklin County, Virginia. Although her married life is well documented, the names of her parents have not been found in any written records. Her maiden name is seen on the death certificate of her youngest child Nannie Ellen CATES who died in 1942.

Many online gedcoms show that Rachel was a daughter of David PROFFITT and Sarah “Sally” COCKRAM who married on 21 October 1813 in Franklin County, Virginia[1]. Another possibility is that she was the daughter of Austin PROFFITT and Martha “Patsy” RAKES who married on 4 June 1813 in Franklin County, Virginia.

Austin and David were brothers and the only children of Austin PROFFITT who died before 1803. Their mother “Betsey PROPHET” is enumerated with her two young sons ages between 10 and 15 years on the 1810 census of Franklin County and may also be reflected in the household of her son Austin in 1820 and 1830. The ages found for the brothers on the 1850 and later censuses show they were quite young when they married in 1813.

Grandsons of David PROFITT

Chancery Records Index – Close Case Details
Locality: Nelson County, Virginia
Index Number: 1810-005
Plaintiff(s): John Profitt etc.
Defendant(s); Heir(s) of David Profitt
Surname(s): Cameron, Joslin, Profitt, Wilcher
Wills: blank   Plat?: No
Format: 4 Scanned images

chancery1
Chancery Records online http://www.lva.virginia.gov/chancery/case_detail.asp?CFN=125-1810-005
chancery2
Chancery Records online http://www.lva.virginia.gov/chancery/case_detail.asp?CFN=125-1810-005

These Chancery Records mention the deceased David PROFITT’s son Austin PROFITT, who predeceased his father, and his minor children David and Austin PROFITT. This establishes that David and Austin were the only children of Austin PROFITT, deceased. Also mentioned are the other 10 children of David: John PROFITT, Randolph PROFITT, Jesse PROFITT, Rowland PROFITT, Elizabeth PROFITT, Nancy PROFITT, Molly (née PROFITT) and Duncan CAMERON, Sally (née PROFITT) and William JOSLIN, Susannah (née PROFITT) and Joseph WILCHER, and David PROFITT.

Austin, son of David

Austin PROFFITT (1770-1803) was born 17 January 1770 in Amherst County, Virginia, to David PROFFITT and his wife Elizabeth SMITH. In 1790 he was not yet 21 years of age when he was seen on the Tax List of Amherst County with his father David Sr.

1790taxproffit
1790 Tax List of Amherst County, Virginia [ online http://www.binnsgenealogy.com/VirginiaTaxListCensuses/ ]
Austin married Elizabeth “Betsey” ROBERTSON on 22 November 1790 in Amherst County, Virginia. Austin’s name was seen as Augusten on the marriage record. Betsey was born about 1773 in Amherst County, Virginia, to Arthur ROBERTSON and his wife Milly. Austin and Betsey, as established above, had two sons born in Amherst County: David PROFFITT born about 1793 and Austin PROFFITT (1796-1871) born about 1796.

Austin’s father David’s will was probated on 31 October 1803. His sons John and Rowland were administrators of their father’s will.[2]

The inventory of the estate of David PROFFITT was done by Shelton CROSTHWAIT, Charles EDMUNDS, and Zachary WHITE. Administrators were John PROFFITT, Rowland PROFFITT, and James MURPHY. A guardian bond was filed for Betsy PROFFITT to be guardian of David and Augustine PROFFITT, orphans of Augustine PROFFITT. The estate of David PROFFITT was valued at £262, 6 shillings, 9 pence.[3]

It is not known when Betsey and her boys moved to Franklin County or even if Austin may have been living there when he died. The chancery record seen above does not include the location of the persons involved other than the fact that four of the children of David were not living in the Commonwealth of Virginia. By 1810 Betsey was living next door to her father Arthur ROBERTSON in Franklin County. There was an unknown older man in her household.

1810censusprophet
1810 U.S. Federal Census > VA > Franklin [ancestry.com]
1810 U.S. Federal Census
Franklin County, Virginia
Betsey Prophet
2 males 10 to 15 yo (David and Austin b. bet. 1795-1800)
1 male 45 and older (unknown person)
1 female 26 thru 44 yo (Betsey)
no other free persons or slaves

During the time period of the War of 1812 (18 Jun 1812-24 Dec 1814) both of Betsey’s son married:

  • Austin PROFFITT married Martha “Patsy” RAKES (1796-1871) on 4 June 1813 in Franklin County, Virginia
  • David PROFFITT married Sarah “Sally” COCKRAM on 21 October 1813 in Franklin County, Virginia

Family Groups Study

The fact that David and Austin were the only children of Austin and Betsey and the only men with the surname PROFFITT in the Franklin County during the years from 1810 to 1840 makes the study of the two family groups a bit easier. Before going into the census listings here are the lists of the children I have for each of Betsey’s boys.

Children of David PROFFITT and Sarah “Sally” COCKRAM

  • Ch 1: Hessie “Esther” PROFFITT (1814-aft. 1800) born about 1814 in Franklin County, Virginia. She married Owen STEVENS (1821-1880) on 19 August 1835 in Franklin County, Virginia. “David PROPHET” was surety.[4] Hessie died between 1880-1900.
  • Ch 2: Rachel PROFFITT (1817-1899) born about 1817 in Franklin County, Virginia. She married Jordan N. PETERS (1796-1890) on 8 December 1841 in Franklin County, Virginia.[5] Rachel died 5 March 1899 in Nettle Ridge, Patrick County, Virginia. No record found to prove that she was the daughter of David and Sarah.
  • Ch 3: Austin PROFFITT (1822-aft. 1910) born April 1822 in Franklin County, Virginia. He married Vincey NEWBERRY (1827-1910) on 14 September 1844 in Franklin County, Virginia[6] Austin died after April 1910. In 1870 his father David was in his household however the relationship is not specifically stated.
  • Ch 4: Preston PROFFITT (1825-aft. 1880) born about 1825 in Franklin County, Virginia. He married Martha WRIGHT (1820-1880) on 1 June 1844 in Floyd County, Virginia.[7] He went to Morgan County, Kentucky, with his family before 1860. Preston died between 1880-1900. No record found to prove that he was the son of David and Sarah.
  • Ch 5: David PROFFITT (1827-1887) born about 1827 in Franklin County, Virginia. He married Jane PINION (1838- ) before 1855. David died 27 December 1887 in Lebanon, Russell County, Virginia.[8] The death record lists David PROFIT as his father.
  • Ch 6: [–?–] PROFFITT (female) born between 1826-1830 in Franklin County, Virginia
  • Ch 7: Edward “Ned” PROFFITT (1831-1894) born about 1831 in Franklin County, Virginia. He married Sarah “Sally” KEEN (1825- ) 6 January 1848 in Tazewell County, Virginia. Edward died 15 February 1894 in Doran, Tazewell County, Virginia.[9] Parents are listed as David and Sally PROFFITT on the death record.
  • Ch 8: Samuel PROFFITT (1834-aft. 1910) born 1837 in Franklin County, Virginia. He married(1) Tabitha PINION (1840-1880) before 1860. Samuel PROFFITT married(2) his cousin Malinda PROFFITT (1838-1884) on 18 December 1883 in Tazewell County, Virginia. The abstract of the marriage record shows that Samuel was the son of David and Sallie PROFFIT while Malinda was the daughter of “Ostin” and Patsy PROFFIT. Malinda may have died before August 1888 as Samuel married(3) Elizabeth “Lizzie” HUFMAN on 24 August 1888 in Russell County, Virginia. His father is seen as David PROFIT on the abstract. Samuel PROFFITT died 27 July 1910.
  • Ch 9: Stabina “Stella” PROFFITT (1840-1874) born about 1840 in Franklin County, Virginia. She married Jessee R. MUSICK (1830- ) on 13 September 1855 in Russell County, Virginia. David and Sarah are listed as her parents. Stabina “Stella” PROFFITT died 15 October 1874 in Lawrence County, Kentucky.[10] The death record lists David and Sally PROPHET as her parents.

Children of Austin PROFFITT and Martha “Patsy” RAKES

  • Ch 1: Harvey PROFFITT (1815-1885) born about 1815 in Franklin County, Virginia. He married(1) Sarah Jane BARTON (1818-1893) on 3 December 1835 in Floyd County, Virginia. [11] They appear to have divorced as Harvey married(2) Rosannah NEWBERRY (1845-1885) on 17 November 1876 in Russell County, Virginia. Parents were listed as Austin and Martha PROPHET. Harvey died after 30 December 1885 (date that his 2nd wife died).
  • Ch 2: Delilah PROFFITT (1818-1892) born about 1818. She married(1) Berry WOOD on 11 July 1836 in Franklin County, Virginia. Surety was Austin Prophet.[12] She married(2) William HICKS on 16 June 1841 in Hawkins County, Tennessee. Delilah died 1892.[13]
  • Ch 3: Lewis PROFFITT (1820-1898) born about 1820 in Franklin County, Virgina. He married Eliza GEORGE (1821-1881) on 27 December 1842 in Patrick County, Virginia. Lewis died on 10 October 1898 in Missouri. No record found to prove that he was the son of  Austin and Martha. He lived in Hancock County, Tennessee, 15 households away from Austin and Martha PROFFITT in 1850.
  • Ch 4: Elisha PROFFITT (1826- ) born about 1826 in Franklin County, Virginia. He married Malinda UNDERWOOD (1826- ) on 22 May 1845 in Franklin County, Virginia. The marriage record shows that he was the son of Austin.[14] He died after 1880. His wife was still living in 1910.
  • Ch 5: [–?–] PROFFITT (daughter) born bet. 1826-1830
  • Ch 6: [–?–] PROFFITT (son) born bet. 1831-1835
  • Ch 7: Joseph M. PROFFITT (1838-1911) born 17 March 1838 in Franklin County, Virginia. He married Margaret F. CARTER (1840-1877) in 1860. Joseph died 14 April 1911 in Buchanon County, Missouri. The death certificate lists “Oscar” and Martha PROFFIT.[15]
  • Ch 8: Malinda PROFFITT (1838-1884) born about 1838 in Franklin County, Virginia. She married(1) David BROOKS on 11 January 1854 in Claiborne County, Tennessee.[16] She married(2) John BRUNT before 1870. She married(3) her first cousin Samuel PROFFITT (1834-1884) on 18 December 1883 in Tazewell County, Virginia. The names of her parents are seen as Austin and Patsy. Malinda may have died between 1883-1888.

The pre-1850 census analysis

vafranklin
This file is licensed under the Creative Commons Attribution 3.0 Unported license. Accessed online: https://familysearch.org/learn/wiki/en/File:Vafranklin.jpg

From 1810 until 1840 we see David and his brother Austin living in Franklin County, Virginia. It is important to know that while both PROFFITT families lived in Franklin County there was no change in the boundaries which were nearly the same as they are today. Franklin County was formed from Bedford and Henry Counties in 1785-1786. In 1844 Franklin gained a small area from Patrick County, the little peninsula-like piece on the southern border. In the 1870s a tiny bit of Floyd County, where Floyd, Patrick and Franklin join, went to Franklin County. See
Virginia Formation Maps

In 1820 both David and Austin had been married 7 years and each had two children. And this is where I thought things would get complicated. My 3rd great-grandmother Rachel was born about 1817 and “fit” into both households.

1820censusproffit
DAVID – 1820 U.S. Federal Census > VA > Franklin [ancestry.com]
1820 U.S. Federal Census
Franklin County, Virginia
Name: David Proffit
Enumeration Date: August 7, 1820
Free White Persons – Males – 26 thru 44: 1 (David)
Free White Persons – Females – Under 10: 2 (Esther and Rachel)
Free White Persons – Females – 16 thru 25: 1 (Sarah)
Number of Persons – Engaged in Commerce: 1
Free White Persons – Under 16: 2
Free White Persons – Over 25: 1
Total Free White Persons: 4
Total All Persons – White, Slaves, Colored, Other: 4

1820censusaustin
AUSTIN – 1820 U.S. Federal Census > VA > Franklin [ancestry.com]
1820 U.S. Federal Census
Franklin County, Virginia
Name: Austin Proffit
Free White Persons – Males – Under 10: 1 (Harvey)
Free White Persons – Males – 16 thru 25: 1 (Austin)
Free White Persons – Females – Under 10: 1 (Delilah)
Free White Persons – Females – 16 thru 25: 1 (Patsy)
Free White Persons – Females – 45 and older: 1 (poss. Austin’s mother Betsey)
Number of Persons – Engaged in Agriculture: 1
Free White Persons – Under 16: 2
Free White Persons – Over 25: 1
Total Free White Persons: 5
Total All Persons – White, Slaves, Colored, Other: 5
1 person engaged in agriculture

By 1830 David and Sarah had 3 boys and 3 girls; Austin and Patsy had 4 boys and 2 girls. The age ranges of the children varied, showing some as younger or older than in 1820.

1830censusproffit
DAVID & AUSTIN – 1830 U.S. Federal Census > VA > Franklin [ancestry.com]
1830 U.S. Federal Census
Franklin County, Virginia
Name: David Proffit
Free White Persons – Males – Under 5: 1 (David Jr.)
Free White Persons – Males – 5 thru 9: 2 (Preston and Austin)
Free White Persons – Males – 40 thru 49: 1 (David)
Free White Persons – Females – Under 5: 1 (Lucinda)
Free White Persons – Females – 5 thru 9: 1 (Rachel)
Free White Persons – Females – 10 thru 14: 1 (Esther)
Free White Persons – Females – 30 thru 39: 1 (Sarah)
Free White Persons – Under 20: 6
Free White Persons – 20 thru 49: 2
Total Free White Persons: 8
Total – All Persons (Free White, Slaves, Free Colored): 8

1830 U.S. Federal Census
Franklin County, Virginia
Name: Austin Proffit
Free White Persons – Males – 5 thru 9: 2 (son b. bet. 1821-1825 & Elisha)
Free White Persons – Males – 10 thru 14: 1 (Lewis)
Free White Persons – Males – 15 thru 19: 1 (Harvey)
Free White Persons – Males – 30 thru 39: 1 (Austin)
Free White Persons – Females – Under 5: 1 (daughter b. bet. 1826-1830)
Free White Persons – Females – 10 thru 14: 1 (Delilah)
Free White Persons – Females – 30 thru 39: 1 (Patsy)
Free White Persons – Females – 50 thru 59: 1 (poss. Austin’s mother Betsey)
Free White Persons – Under 20: 6
Free White Persons – 20 thru 49: 2
Total Free White Persons: 9
Total – All Persons (Free White, Slaves, Free Colored): 9

I believe that the older woman seen in Austin’s household in 1820 and 1830 was his mother Betsey. Austin’s parents-in-law were both living at this time. On 25 November 1834 Elisha RAKES and his wife Agness of Franklin County sold land for $1 to Reuben RAKES of Floyd County.[17] Elizabeth “Betsey” ROBERTSON most likely died between 1830-1840 in Franklin County, Virginia, as she is not longer reflected in the 1840 census.

By 1840 David and Sarah had 2 more sons and a daughter and their oldest daughter had married. Austin and Patsy also had 2 more sons and a daughter and their oldest son had married. And this is where it becomes problematic. Their daughter Delilah married in 1836; Austin was seen as surety. However a female of her age appears to be at home in 1840. It is not known how her marriage ended but “Delia Proffet” was seen marrying in 1841. My dilemna was that without evaluating the information on all persons in each household it looked like both David and Austin could have been the father of Rachel who married Jordan N. PETERS until 1841.

1840censusdavid
DAVID – 1840 U.S. Federal Census > VA > Franklin [ancestry.com]
1840 U.S. Federal Census
Franklin County, Virginia
Name: David Proffett
Free White Persons – Males – Under 5: 2 (Samuel and Edward)
Free White Persons – Males – 5 thru 9: 2 (David and Preston)
Free White Persons – Males – 10 thru 14: 1 (Austin)
Free White Persons – Males – 40 thru 49: 1 (David)
Free White Persons – Females – Under 5: 1 (Statira)
Free White Persons – Females – 5 thru 9: 1 (unknown female)
Free White Persons – Females – 15 thru 19: 1 (Rachel)
Free White Persons – Females – 30 thru 39: 1 (Sarah)
Free White Persons – Under 20: 8
Free White Persons – 20 thru 49: 2
Total Free White Persons: 10
Total All Persons – Free White, Free Colored, Slaves: 10

1840censusaustin
AUSTIN – 1840 U.S. Federal Census > VA > Franklin [ancestry.com]
1840 U.S. Federal Census
Franklin County, Virginia
Name: Austin Proffet
Free White Persons – Males – Under 5: 1 (Joseph)
Free White Persons – Males – 5 thru 9: 1 (son b. 1831-1835)
Free White Persons – Males – 15 thru 19: 1 (Elisha)
Free White Persons – Males – 20 thru 29:    1 (Lewis)
Free White Persons – Males – 60 thru 69: 1 (Austin, wrong column for age?)
Free White Persons – Females – Under 5: 1 (Malinda)
Free White Persons – Females – 10 thru 14: 1 (daughter b. bet. 1826-1830)
Free White Persons – Females – 20 thru 29: 1 (??Delilah, md.(1) 1836; md.(2) 1841)
Free White Persons – Females – 40 thru 49: 1 (Patsy)
Persons Employed in Agriculture: 3
No. White Persons over 20 Who Cannot Read and Write: 2
Free White Persons – Under 20: 5
Free White Persons – 20 thru 49: 3
Total Free White Persons: 9
Total All Persons – Free White, Free Colored, Slaves: 9

I hope that you have been able to follow how I studied the two family groups to come to the conclusion that my 3rd great-grandmother Rachel PROFFITT was the daughter of David PROFFITT and his wife Sarah COCKRAM.

Rachel’s father David Proffit from 1850 until death

During the 1840s both David and Austin moved their families a little bit farther west. David ended up in Russell County, Virginia, while Austin crossed the stateline to live in Hancock County, Tennessee, in 1850 and 1860. Austin was in Lee County, Virginia, in 1870, and died in Maiden Spring, Tazewell County, Virginia, in 1871.

Tnhancock
This file is licensed under the Creative Commons Attribution 3.0 Unported license. Accessed online: https://familysearch.org/learn/wiki/en/File:Tnhancock.jpg
varussell
This file is licensed under the Creative Commons Attribution 3.0 Unported license. Accessed online: https://familysearch.org/learn/wiki/en/File:Varussell.jpg

1850censusdavid
1850 U.S. Federal Census > VA > Russell [ancesty.com]
The 1850 census listing shows that David was born in Amherst County and his wife and three children still living at home were born in Franklin County. The move was made after David’s youngest daughter was born. I checked the entire agricultural schedule for Russell County for 1850 through 1870 and found only David’s son Austin in 1860 and 1870. David did not own land in Russell County. This is also seen in the 1860 and 1870 census where the column for real estate is blank.

1860censusdavid
1860 U.S. Federal Census > VA > Russell [ancesty.com]
In 1860 David and Sally were in Rose Dale, Russell County. In their household was also a granddaughter Mary STEVENS, daughter of their oldest daughter Hessie.

Sarah “Sally” COCKRAM died between 1860-1870 most likely in the Rose Dale area of Russell County, Virginia, were she had been living with her husband David in 1860.

1870censusdavid1
1870 U.S. Federal Census > VA > Russell (part 1) [ancesty.com]
1870censusdavid2
DAVID – 1870 U.S. Federal Census > VA > Russell (part 2) [ancesty.com]
By 1870 David had moved in with his oldest son Austin (named after his grandfather) who lived in the Elk Garden Township in Russell County. Austin had 20 acres of improved land in 1860 and this increased to 25 acres of improved and 120 acres of woodland in 1870.

David PROFFITT died between 1870-1880 most likely in Elk Garden, Russell County, Virginia, were he was living in 1870.

Sources:
[1] Ancestry.com. Franklin County, Virginia Marriage Bonds, 1786-1858 [database on-line]. Provo, UT, USA: Ancestry.com Operations Inc, 1999. Original data: Wingfield, Marshall. Marriage Bonds of Franklin County, Virginia. Memphis, TN, USA: West Tennessee Historical Societ, 1939.
[2] Amherst County, Virginia Wills, 1761-1919
[3] Amherst County Will Book 4, page 117
[4] Ancestry.com. Franklin County, Virginia Marriage Bonds, 1786-1858 pg. 217 “Stephens, Owen and Hessie Proffit, Aug. 19, 1835. Sur. David Prophet. 129.” [database on-line]. Provo, UT, USA: Ancestry.com Operations Inc, 1999. Original data: Wingfield, Marshall. Marriage Bonds of Franklin County, Virginia. Memphis, TN, USA: West Tennessee Historical Societ, 1939.
[5] War of 1812 Pension Papers of Jordan N. PETERS.
[6] Ancestry.com. Franklin County, Virginia Marriage Bonds, 1786-1858 pg. 187 “Profit, Austin and Viney Newberry, dau. Sarah, Sept. 14, 1858. Sur. John A. Newberry.” [database on-line]. Provo, UT, USA: Ancestry.com Operations Inc, 1999. Original data: Wingfield, Marshall. Marriage Bonds of Franklin County, Virginia. Memphis, TN, USA: West Tennessee Historical Societ, 1939.
[7] Barbara Reininger, compiler and website owner, Floyd County, Virginia, Marriages, Transcribed by Barbara Reininger from images of microfilm records obtained by Rena Worthen from the Library of Virginia.  (online: http://freepages.genealogy.rootsweb.ancestry.com/~barbr/zz_marriages.htm). FCVA1844_0023; FCVA1844_0024. Register: 2. Page: 135. “Preston Proffit m. Martha Right 06-01-1844 Floyd Co., VA bond. Samuel Cockram certified that Martha Right is over & above the age of 21.”
[8] Ancestry.com. Virginia, Deaths and Burials Index, 1853-1917 [database on-line]. Provo, UT, USA: Ancestry.com Operations, Inc., 2011. Original data: “Virginia Deaths and Burials, 1853–1912.” Index. FamilySearch, Salt Lake City, Utah, 2010. Index entries derived from digital copies of original and compiled records.
[9] Ancestry.com. Virginia, Deaths and Burials Index, 1853-1917 [database on-line]. Provo, UT, USA: Ancestry.com Operations, Inc., 2011. Original data: Virginia Deaths and Burials, 1853–1912.” Index. FamilySearch, Salt Lake City, Utah, 2010. Index entries derived from digital copies of original and compiled records.
[10] Ancestry.com. Kentucky, Death Records, 1852-1953 [database on-line]. Provo, UT, USA: Ancestry.com Operations Inc, 2007.
[11] Barbara Reininger, compiler and website owner, Floyd County, Virginia, Marriages, Transcribed by Barbara Reininger from images of microfilm records obtained by Rena Worthen from the Library of Virginia.  (online: http://freepages.genealogy.rootsweb.ancestry.com/~barbr/zz_marriages.htm). FCVA1835_0012; FCVA1835_0069. Register: 2. Page: 129. “Harvey Proffit m. Sarah Jane Barton 12-03-1835 Floyd Co., VA by Michael Howry.”
[12] Ancestry.com. Franklin County, Virginia Marriage Bonds, 1786-1858; page 245; “Wood, Berry and Delilah Proffit, July 11, 1836. Sur. Austin Prophet. 60.” [database on-line]. Provo, UT, USA: Ancestry.com Operations Inc, 1999. Original data: Wingfield, Marshall. Marriage Bonds of Franklin County, Virginia. Memphis, TN, USA: West Tennessee Historical Societ, 1939.
[13] “Hicks, William and Proffet, Delia license 16 June married 17 June 1841″ online http://tngenweb.org/hawkins/some-1824-1846-marriages/
[14] Ancestry.com. Franklin County, Virginia Marriage Bonds, 1786-1858; page 187; “Proffit, Elisha, s. Austin, and Elizabeth Underwood, dau. Samuel, May 22, 1845. Sur. John Underwood.” [database on-line]. Provo, UT, USA: Ancestry.com Operations Inc, 1999. Original data: Wingfield, Marshall. Marriage Bonds of Franklin County, Virginia. Memphis, TN, USA: West Tennessee Historical Societ, 1939.
[15] Death Certificate File No. 13472; online http://www.sos.mo.gov/images/archives/deathcerts/1911/1911_00013442.PDF
[16] Ancestry.com. Dodd, Jordan R. Tennessee, Marriages, 1851-1900 [database on-line]. Provo, UT, USA: Ancestry.com Operations Inc, 2000.
[17] Calvin Rakes, information found by him in 1975 in the Deed Book during a visit to Floyd County, emailed to Marie Meyer in March 2001; online http://wc.rootsweb.ancestry.com/cgi-bin/igm.cgi?op=GET&db=:3168500&id=I621737153.

© 2014 Cathy Meder-Dempsey

52 Ancestors: #47 Johnny CASH’s 1C5R – Kesiah LIVELY

“The challenge: have one blog post each week devoted to a specific ancestor. It could be a story, a biography, a photograph, an outline of a research problem — anything that focuses on one ancestor.”

This is entry #47 in Amy Johnson Crow’s Challenge: 52 Ancestors in 52 Weeks.

52 Ancestors: #47 Johnny CASH’s 1C5R – Kesiah LIVELY

An interesting tidbit for cousins who like to find royalty and celebrities in their family tree: My 4th great-grandmother Kesiah LIVELY’s maternal grandparents, Robert Howard CASH and Ruth Walker EPPINGTON, were the 5th great-grandparents of “one of the most influential American musicians of the 20th century,”[1] John R. “Johnny” CASH.

Johnny Cash was also an amateur genealogist. His interest was piqued by a chance encounter with Major Michael Crichton-Stuart on a transatlantic flight in the 1970s. The then Hereditary Keeper of Falkland Palace in Fife explained how abundant the CASH name was in Fife. Johnny Cash visited the Major several times in Scotland to fill in the gaps in his paternal CASH family tree which goes back to the 11th century.[2]

albermarle
Clipped from “Virginia 1751 Map” drawn by Joshua Fry and Peter Jefferson in 1751, United States Digital Map Library, a USGenWeb Archives project, online http://usgwarchives.net/maps/virginia/statemap/1751virginia.jpg : accessed 23 Nov 2014

Johnny CASH’s first cousin five times removed, my 4th great-grandmother Kesiah LIVELY was the youngest child of Joseph LIVELY (1735-1793) and Mary L. CASH (1740-1793). Both of her parents were likely born in Goochland County, Virginia. Many family trees have Albemarle as the place of birth however if we consult the formation of the Virginia counties we see that Albemarle was not formed until 1744 from Goochland. Mary and Joseph’s teen and early adult years were during the French and Indian War (28 May 1754-10 Feb 1763). They married before 1761, the year of the formation of Amherst County from Albemarle. If a marriage record ever existed in Albemarle County it was most likely destroyed along with all order books except the first and many loose papers between 1748 and 1781, by British general Banastre Tarleton’s raid on Charlottesville in 1781 during the Revolutionary War.[3]

1782taxlively
1782 Personal Property Tax List of Amherst County, VIrginia, page 6; online http://www.binnsgenealogy.com/FreeSample/CDR-000413/1782/1782Personal/06.pdf
1782taxlively1
1782 Personal Property Tax List of Amherst County, VIrginia, page 5; online http://www.binnsgenealogy.com/FreeSample/CDR-000413/1782/1782Personal/05.pdf

In 1782, when the first personal property taxlists were taken in Virginia, Joseph LIVELY and his oldest son Joseph were both on the list. They were not listed as Sr. and Jr. The first listing above would be for Joseph Sr. with 1 tithable, 1 slave, 27 cattle, and 12 horses. His son Joseph Jr. had 3 cattle and 2 horses. 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 seen in Joseph’s tax assessment. Below, in 1790 Robert, Benjamin, and John were seen with Joseph and his oldest son was seen as Joseph Jr.

1790taxlively
1790 Personal Property Tax List for Amherst County, Virginia, page 16; online http://www.binnsgenealogy.com/VirginiaTaxListCensuses/Amherst/1790PersonalA/16.jpg
1790taxlivelyjr
1790 Personal Property Tax List for Amherst County, Virginia, page 15; online http://www.binnsgenealogy.com/VirginiaTaxListCensuses/Amherst/1790PersonalA/15.jpg

“Joseph paid taxes in Amherst Co. in 1782 and 1783 on 398 and 400 acres and from 1787 to 1793 on 398 acres. His estate paid taxes on the 398 acres in 1794. Joseph Lively received 400 acres of land on Thresher’s Creek in Amherst Co. adjacent lands of James Smith and Pierce Wade on 4 Aug 1777. This land Joseph and wife Mary deeded to Robert Cash of Amherst Co. on 5 Mar 1780. Another tract of 400 acres on Dutch Creek in Amherst Co. was purchased by Joseph from John Harmer on 1 Sept 1782 and sold by Joseph and wife Mary to William Cabell on 1 Jan 1787 (Amherst Co. Deeds, D:447, E:218, F:110). The origin of the remaining 398 acres has not been determined and may have been a land grant.“[4]

Not being able to go to the courthouse or archives in Virginia to research land records I often use the Library of Virginia’s Land Office Grants database:

1782land

1782landdocJoseph LIVELY was granted 400 acres on both sides of the Dutch Creek in Amherst County in 1782. This would be the land mentioned above that he sold to William Cabell in 1787. I will let John F. Vallentine continue as he compiled the following information:

“Joseph died intestate in Amherst Co. (now Nelson Co.), Va., in 1793 (Amherst Co. Wills, 3:282, 293, 450). Letters of administration were granted to Mark Lively, a son, on 22 Oct 1793 with John Hill and William Hill as bondsmen. An inventory of the estate of Joseph Lively made on 16 Dec 1793 included a considerable number of livestock, an old negro woman Sarah, a negro woman Betty, and a negro boy George. The Joseph Lively estate sale on 19 Aug 1797 listed a few of the relatives and many neighbors as purchasers. Subsequently the estate was settled but no record of final partition was included in the Amherst Co. probate records.

That the 398 acres remaining in the possession of Joseph Lively at the time of his death was later divided into 9 tracts of approximately 44 acres is shown by subsequent land sales recorded in the Amherst Co. Deeds. Eight of the heirs of Joseph Lively have been identified by this means. The same eight heirs are recorded in a common sale of personal property in Albemarle Co. belonging to Joseph’s estate (Albemarle Co. Order Books, 1795-8:331). What happened to the remaining 9th part or 44 acres in the estate partition is uncertain. No mention of Joseph’s wife Mary after his death has been found. The 398-acre tract was located on Pucker’s Creek and Babb’s Creek.”[4]

The eight identified heirs of Joseph LIVELY mentioned in the above excerpt were all born before the American Revolutionary War (19 Apr 1775- 14 Jan 1784):

  • Sib 1: Joseph LIVELY (1761-1838) born 16 June 1761 in Amherst County, Virginia. He married Sarah “Salley” TILLER on 4 November 1784 in Amherst County. Joseph died on 11 May 1838.
  • Sib 2: Benjamin LIVELY (1762-1797) born about 1762 in Amherst County, Virginia. Benjamin was on the Amherst tax lists in 1790 with his father and as a taxpayer in 1795, 1796, and 1797 on 44 acres. He was not found later and it has been assumed that he died after 1797. Note: the estimated year of birth is from Livelys of America, 1690-1968. As Benjamin was with his father in 1790 he must have been born between 1769-1774. As he was seen as a taxpayer in 1795-1797 he would have been born 1774 or earlier.
  • Sib 3: John LIVELY (1764- ) born about 1764 in Amherst County, Virginia. He was on the Amherst tax lists in 1790 with his father. John married Clara CARNALL on 19 August 1794 in Amherst County. Note: the estimated year of birth is from Livelys of America, 1690-1968. As John was with his father in 1790 he must have been born between 1769-1774.
  • Sib 4: Mark LIVELY (1766-1857) born 11 January 1766 in Amherst County, Virginia. He married Mary HILL on 30 November 1791 in Amherst County. He was on the 1799 Amherst tax list. He died on 23 November 1857 in Taylor County, Kentucky.
  • Sib 5: Robert Cash LIVELY (1768- ) born about 1768 in Amherst County, Virginia. He was on the Amherst tax lists in 1790 with his father. He married Elizabeth BETHEL on 20 August 1793 in Amherst County. Note: the estimated year of birth is from Livelys of America, 1690-1968. As Robert was with his father in 1790 he must have been born between 1769-1774.
  • Sib 6: Ruth LIVELY (1770- ) born about 1770 in Amherst County, Virginia. She married William GRIFFIN on 17 June 1793 in Amherst County.
  • Sib 7: Nancy LIVELY (1772- ) born about 1772 in Amherst County, Virginia. Nancy Lively Married Peter JOHNSON on 5 April 1794 in Amherst County, Virginia.
  • Kesiah LIVELY born about 1774 in Amherst County, Virginia.

Kesiah’s father Joseph LIVELY died before 22 October 1793 in Amherst County. It is possible that his wife Mary L. CASH predeceased him as she is not mentioned after his death. At the time of Joseph’s death his two youngest daughters, Nancy and Kesiah, and his son John were not yet married.

A little over a year after Joseph LIVELY’s death his youngest daughter Kesiah LIVELY was married to Zachariah PETERS by Rev. Ezekiel Campbell on 18 November 1794 in Amherst County.[5]

Kesiah gave birth to her first child, my 3rd great-grandfather, Jordan N. PETERS (1796-1890) on 10 October 1796 in Amherst County. A month later she and her husband Zachariah sold her share of her father’s estate, 1/9th of the 398 acres he left.

1796 November 21:
Zachariah Peters and his wife, Keziah, sold 44 acres in Amherst County, Virginia, for £60 (60 pounds) to William Loving.
Deed abstract: Deed Book H, p. 126.  21 November 1796.  WM. GRIFFIN & wife RUTH; ZACH. PETERS & wife KEZIAH, AC, to WM. LOVING, AC, (Orig. del. to WL, 26 Jun 1798) for 60 pounds, S branches Rucker’s Run – 2 adj. tracts.  Lines: grantee, where he lives; part of tract of JOSEPH LIVELY, dec’d, and upon equal division to RUTH & KEZIAH by JOS. LIVELY as his legatees by settlement – 44 acres each.  (Note discrepancy in acres) Page 127, order to quiz wives done and rec. 23 Nov 1796.  Wit:  JOS. LOVING, JAS. HANSBROUGH, JNO. BRYANT, JNO. STAPLES.[6]

Before leaving Amherst County for Franklin County, Kesiah and Zachariah had two daughters and another son. The names are only known for Mary and William. The other daughter remains a mystery.

The move to Franklin County occured after Zachariah was seen on the 1803 Amherst tax list. Kesiah then gave birth to Betsy about 1805 and Lucy about 1807. She also had two sons, one born between 1801-1810 whose his identity is not known, and the other being Willis born on 23 April 1808. Note: The unknown son may fit in between William b. abt. 1798 and Betsy b. abt. 1805.

After the enumeration of the 1810 census Kesiah had four more children: Joseph born 10 December 1810, a male and a female child both born between 1811-1815, and her youngest, Susannah born about 1815.

Following the birth of her last child Kesiah’s brood of a dozen children began to shrink as the oldest children began to marry. She saw the following six marry before the 1830 census.

Kesiah LIVELY  and her spouse Zachariah PETERS died between 1830-1840 in Franklin County, Virginia. It is not known who preceded whom. It is likely that they both saw their youngest known son Joseph PETERS marry Martha “Patsy” SMITH (1811-1888) on 1 September 1830 in Franklin County, Virginia (surety John Powers) as this was shortly after the 1830 census in which both were found.

Following Kesiah’s death, her youngest daughter Susannah married and two of her sons were widowed, one twice, and remarried.

Sources:
[1] http://en.wikipedia.org/wiki/Johnny_Cash
[2] Celtic connection as Cash walks the line in Fife, Scotland on Sunday (The Scotsman) updated on 5 June 2006, accessed 22 Nov 2014.
[3] Lost Records Localities: Counties and Cities with Missing Records, in Library of Virginia (accessed 22 Nov 2014).
[4] Vallentine, John F. Livelys of America, 1690-1968. n.p.: National Association of Lively Families, 1971. FHL Book 929.273 L748v. As seen on Anna Young’s gedcom file “Our Family Tree” last updated 6 May 2007]
[5] William Montgomery Sweeny, Marriage Bonds and Other Marriage Records of Amherst County, Virginia 1763-1800 (Baltimore, Maryland: Genealogical Publishing Co., Inc., 1973). Paula K. Ward, email dated 21 Nov 2004, her source: letter dated 1978 to PKW from Mrs. Gertrude C. Mann, Rocky Mount, Virginia]
[6] Rev. Bailey Fulton Davis, The Deeds of Amherst County, Virginia, 1761-1807, and Albemarle County, Virginia, 1748-1763, Southern Historical Press, 1979, pages 126-127.

© 2014 Cathy Meder-Dempsey

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