Monday Is for Mothers: Timney P. Watts (1805 - 1863) - Probate Records, Part 14, The Second Commission

We've already looked at the November 1863 documents arising from the first Commission appointed by the Probate Court to determine whether some of the estate's property needed to be sold. Although it seemed clear that it did apparently nothing was settled because in 1866 another Commission was created. This time the Commissioners were R.T. Davis and John L. Carmichael and the witnesses to be examined were former Commissioner Wesley F. Hodnett and Henry Stanton who lived next to the property in question.

The interrogatories look pretty much the same (although the order is different and only eight acres are involved this time) which isn't surprising because they were written by one of the original lawyers, R.F. Ligon.

J.D. Phillips                        }         Probate Court
  Administrator of               }         Macon County
     Timney P. Phillips Est.  }
               v.                          }     Interrogatories to
 Heirs at Law.                     }     be propounded to
Wesley F. Hodnett and Henry Stanton
material witnesses for the Plaintiff in this
cause.

1st Intr.   Do you know the parties?

2nd Intr.  Do you know the following described
               land situated in Macon County to wit:
               Eight (8) acres off the East end of the South
               half (1/2) of section eighteen (18) Township
               fifteen (15) Range Twenty four (24) adjoining
               Dr. Hodnett and Henry Stanton?

3rd Intr. Do you know of the indebtedness of said
              Estate?

4th Intr. State if it is necessary to sell lands of
              said Estate to pay the debts.

                                                        R.F. Ligon
                                                        Atty. for Administrator

In my transcription of the pages below I've decided to only give the answers of the witnesses because I've hit the wall on this matter (and the handwriting is particularly hard to read).

Deposition of WH Stanton:

1st Int.    Do you know the parties. Ans. I do

2nd Int Do you know the following described land [...] Ans. 2nd I do

3rd Int  Do you know of the indebtedness of 

said Estate

     Ans. 3rd I do not 

4th Intr. State if it is necessary to sell lands
of said Estate to pay the debts
                                  Ans 4th Not knowing if any
debts I can't say.
                                     WH Stanton
25th day of Oct 1866 at WH Stanton store in the County of  Macon

[Estate Papers, Phillips, Nancy (Minor) to Piques, Sarah. Ancestry.com. Alabama, Wills and Probate Records, 1753-1999 [database on-line]. Provo, UT, USA: Ancestry.com Operations, Inc., 2015. Original data: Alabama County, District and Probate Courts.]

Deposition of W F Hodnett:

1st Int.    Do you know the parties.

Ans. I do

2nd Int Do you know the following

described land [...]?

Ans. I know the land referred to

3rd Int  Do you know of the indebtedness of 

said Estate [...]?

     Ans. I know of some indebtedness

          of said Estate which cannot be

          paid without selling the lands 

          above described.

4th State if it is necessary to sell lands

of said Estate to pay the debts?
 Ans. I consider it necessary as stated 
     in the last answer.
                                     WF Hodnett
25th day of Oct 1866 at WH Stanton store in the County of  Macon

The sale of these eight acres appears to have been the final obstacle to settling my great great great grandmother Timney P. Watts Warren Phillips' estate. Next week we'll see who got what.

© 2017 Copyright, Christine Manczuk, All Rights Reserved.

Monday Is for Mothers: Timney P. Watts (1805 - 1863) - Probate Records, Part 7, There was a Lawsuit?

My Great Great Great Grandmother Timney P. Phillips' probate records on Ancestry.com number 111 images, some of which I've already shared here. But they're not in any particular order so the fourth image in the file is this one, a deposition dated October 25, 1866,* between J.D. Phillips, Administrator, and the other heirs of his mother's estate.

[Description : Estate Papers, Phillips, Nancy (Minor) to Piques, Sarah. 

Ancestry.com. Alabama, Wills and Probate Records, 1753-1999 [database on-line]. Provo, UT, USA: Ancestry.com Operations, Inc., 2015. Original data: Alabama County, District and Probate Courts.]

Deposition of W. H. Harton witness sworn
and examined under and by virtue of a Commis-
sion issued out of the Probate Court of the state of
Alabama for Macon County in a certain cause
therein depending between J.D. Phillips Administrator
for Timney P. Phillips Est vs Heirs at law
W.H. Harton of Macon County
being duly sworn to speak the truth, the whole truth
and nothing but the truth doth depose and say as
follows; 1st Int, Do you know the parties. Ans. I do
              2nd Int, Do you know the following 
described land situated in Macon County to wit
Eight (8) acres off the East end of the south half
(1/2) of section Eighteen (18) Township fifteen (15)
Range twenty four (24) adjoining Dr Hodnett
& W.H Harton
                Ans:.2nd I do.
   3rd Int Do you know of the indebtedness of
said Estate
                 Ans: 3rd I do not.
4th Int State if it is necessary to sell lands
of said Estate to pay the debts
                 Ans 4th Not knowing of any
debts I can't say.
                                        W.H. Harton
I the said commissioner in said commission named do
hereby certify that the evidence of the witness W.H.
Harton was taken down under oath and sub=
scribed by him in my presence on the 25th day
of Oct 1866 at W.H Hartons store in the County of 
Macon state of Alabama and that I have personal
knowledge of said witness          
Witness my hand & seal]         R F Davis {Seal} J.P.
                                                  Commissioner

There are other documents referring to this matter among the probate records which I will be covering in the coming weeks as I figure out what was going on. Bear with me.




*This is more than three years since Timney's death on September 5, 1863.



© 2016 Copyright, Christine Manczuk, All Rights Reserved.

Family Friday: Davis/Tomlinson?

Have I identified someone correctly in one of our family photos? There's no information about this unknown "severe looking woman" in our notes.

[Courtesy of Olive Slater-Kennedy]

But I just looked again at a photograph originally added to Florence Josephine Davis (1851-1932), the wife of my maternal third great uncle, Albert Ross Tomlinson (1847-1923) in the (public) Harvey Family Tree on Ancestry.com and I think it's her!

We know that my grandfather Harry Allen Slater, his brother Pete and his sister Opal all went to Severy School in Greenwood County, Kansas, with Florence and Albert's youngest son Denver (1889-1968) in 1901-1902 while Albert was an officer of the school.

[Harvey Family Tree / michaelharvey173]

What do you think?


© 2016 Copyright, Christine Manczuk, All Rights Reserved.

Where Were My Ancestors About 1796? Abraham Bradley's Map of the United States: Part 2

This is a continuation of my post earlier this week using Abraham Bradley's postal map of 1796.  This is just an exercise to get a handle on where all of my American ancestors were during the Federalist Era.  I can already see the fatal flaw of adding ancestors by going up and down my tree as opposed to grouping by location--for instance, I actually have a lot of people who were in the western Pennsylvania area, but there will be separate maps for the family groups in this iteration because they are on different branches of my tree.  I will put together a more concise version at a later date.

In Bertie County, North Carolina, possibly in the Salmon Creek area, John H Hardy, 23, was married to his first wife, Jamima Wilson, and they had a toddler Etheldred.  Jamima would die in the next year.  John's mother Sarah Sowell, 63, had been widowed 3 years before when her husband William Hardy died, and she would be listed in the 1800 Federal Census as head of household in Bertie County, North Carolina.   John's future second wife, Elizabeth Ward, 21, daughter of Thomas Ward (who had died the year before at about age 60) and Pheraby Sowell, about 47.  John Hardy and Elizabeth Ward were distant cousins--their mothers were both descendants of Richard Sowell (born c. 1659).

John Chappell, 33, had moved to Georgia probably in the mid to late 1780's from Sussex County, Virginia, likely with his parents, Revolutionary veteran John C Chappell, 58, and Nancy "Nannie" Harrison, 55.  Like Jesse Warren Sr he was in the area that would become Hancock County, Georgia. John and his wife, Sarah "Sallie" P Heath, 25, had several small children by the time the map was made.  Sallie was the daughter of Valley Forge veteran Abraham Heath, 56, and Winnifred "Winny" (??), 50, who had moved from Surry County, Virginia to Burke/Warren County, Georgia 10 years earlier.
Josiah Freeman, 33, was likely in Oglethorpe County, Georgia with his first wife, Susannah Hawkins, and at least 5 small children.  He had likely moved to Georgia sometime between 1786 and 1790.  He was originally from Virginia, possibly Sussex or Surry counties.  His parents William Freeman, 58, and Sarah Williams(??), about 56, were in Surry County, North Carolina, and may have originally been from Surry County, Virginia.  All these Surry counties!!  It gets confusing.  Elizabeth Jordan, Josiah's second wife, was only about 9 in 1796.  I have not yet figured out who Elizabeth's parents were.  Elizabeth was born in either Georgia or possibly South Carolina.
Richard Turner, 17, had been born in Cascade, Pittsylvania, Virginia, and had moved with his family to Wilkes County, Georgia (part of which became Lincoln County) when he was about 5.  His parents, Shadrack Turner and Margaret Hill, were both about 45.  Mary Henderson, 15, would marry Richard about 3 years later in Wilkes or Lincoln County.  She had Virginia as place of birth on the 1850 and 1860 Censuses, but I have not yet been able to determine who her parents were, although there were numerous Henderson families in Elbert County (neighbor county to both Wilkes and Lincoln) at the time she would have married Richard.

William Porter was born in May 1796 in Sheffield, Caledonia, Vermont, to Benjamin Porter, 24, and Lydia Wilcox, 21.  It is not clear why they were there, as they had married in Surry, Cheshire, New Hampshire the year before, and were back there by the 1800 federal census.  Benjamin's widowed mother Esther Carpenter, 57, allegedly didn't die until 1827 in Lyme, Grafton, NH, but apparently didn't head a household in the censuses and probably lived with one of her adult children.  Lydia's parents, physician Obediah Willcox, 72, and Sarah Talcott, 61, were likely living in Surry, Cheshire, New Hampshire.
Joshua Shepard, 43, and Lucia "Lucy" Farnsworth, 34, were living in Alstead, Cheshire, New Hampshire.  Joshua's parents, Jonathan Shepard, 87, and Love Palmer, 79, had divorced 32 years earlier (about 1764), and had both subsequently remarried.  Love had married a Mr. Heard or Herrick (date unknown), and she died 23 July 1796 in Alstead, Cheshire, New Hampshire.  Jonathan had married Mary Underwood in 1765 and lived in Windsor, Windsor, Vermont, where he died 2 years after this map was made (26 March 1798).  Lucy's parents, Thomas Farnsworth, 65, and Elizabeth Davis, 68, also lived in Alstead (they had moved there sometime between 1776 and 1790).








© 2015 Copyright, Christine Manczuk, All Rights Reserved.

Working on Wednesday: Barnabas Davis (About 1599 - 1685), Tallow Chandler, Soldier, Planter

Although it sometimes can be difficult to trace colonial ancestors back across "the pond" to their origins in the Old World, that's not the case with this paternal ninth great grandfather--sources agree that he came from Tetbury in the Cotswolds in Gloucestershire and was born about 1599. Therefore he was about 29 when he married Patience James in Tewkesbury on July 4, 1628. The couple's four oldest children were baptized in Tetbury.*

[Glocestershire; Britannia Depicta or Ogilby Improved. Being a Correct Coppy of Mr. Ogilby's Actual Survey of All ye Direct & Principal Cross Roads in England and Wales ... By Ino. Owen ... Maps of All the Counties of South Britain ... By Eman Bowen, Engraver. 1675. Source: David Rumsey Historical Map Collection]

In 1635 Barnabas and Patience decided to emigrate to New England with their four children and chose to make their departure from London. However in July of that year, Barnabas left London by himself on the ship The Blessing bound for New England as the agent of William and John Woodcock who had made an investment in Connecticut land and wanted Barnabas to check on its progress, and they convinced him to leave his family in England.

Ten days after Barnabas landed in Boston he set out for Connecticut on foot. But when he arrived at the Woodcock's property he found nothing had been done and that Francis Stiles, the man in charge of the work, had returned to England so Barnabas left as soon as he could get passage back to London.** After he reported his findings to the Woodcocks it was learned that Stiles had gone back to Connecticut. So the Woodcocks sent Barnabas off to New England again (after a short visit to his family who apparently were back in Tewkesbury).

He arrived in Boston during the Pequot War and as it was no longer safe to travel overland to Connecticut he went by sea. Because of trouble with the Indians he wasn't able to visit the location of the Woodcock's property but Barnabas was able to ascertain from neighbors that the promised work had not been done and was given letters to deliver to his employers in London.

"[B]ut in the meantime he was taken a soldier against the Pequids and before he could return & get shipping in the sea near upon a year was spent from his last landing."

[A Map of New England from  A Narrative of the Troubles with the Indians in New-England, from ... 1607 to this present year 1677 ... To which is added a Discourse about the Warre with the Pequods in the year 1637. By W. Hubbard, Minister of Ipswich. ... Boston.

Source:David Rumsey Historical Map Collection.]

So Barnabas returned to England for the final time and embarked with his family in 1639 to settle in Charlestown where he remained for the rest of his life.*** He died on November 28, 1685.

He is referred to as a tallow chandler in deeds, also sometimes as a planter or husbandman.**** The inventory of his estate included "tallow valued in 13s. 6d. and mold & [nod] & knife for a chandler valued at 6s."

[The Art and Mystery of Making Wax and Tallow Candles, engraved for the 'Universal Magazine', 1749 | Social Studies, The Arts | Image | PBS LearningMedia]

Although the engraving above is dated 1749, the candle-making process didn't change much in the intervening years. Tallow chandlers often made soap also. It was a smelly but profitable trade.

Elizabeth Davis (1728-1823), the great great granddaughter of Barnabas and Patience, married Thomas Farnsworth (1731-1820) and their daughter Lucy (1762-after 1850) married Joshua Shepard (1753-1804). Their great great granddaughter Letta Estella Porter is my paternal grandmother.

*Three more children were born to the couple later. My descent is from their oldest child, Samuel (1629-1699). Most of the information here is taken from his profile in The Great Migration: Immigrants to New England, 1634-1635, Volumes 2, page 286.. Boston: New England Historical and Genealogical Society, 1996-2011.
**In 1636. We know about this period of his life from depositions taken during his suit again the Woodcocks in 1641 for money they owed him. Unfortunately the result of this suit is lost to history.
***He continued to act as a agent of the Woodcocks and was able to get a judgement for 300 pounds against Stiles after his 1639 landing.
****Both Barnabas and Prudence were able to sign their names on these deeds.

© 2015 Copyright, Christine Manczuk, All Rights Reserved.

Monday Is for Mothers: Abigail Davis (About 1633 - 1682)

When her father William Davis died in 1643, my maternal 9th great grandmother Abigail Davis was only about ten years old. She continued living with her stepmother, who married John Cowdall a year later. At some point the family moved to Newport, Rhode Island, and in about 1655 Abigail's stepmother and her husband forced her to marry Richard Ussell.

For what happened next, I think I'll just give you the Rhode Island Court Records, complete with their spelling:*

[Original from Harvard University]

The Generall Courtt of Tryalls held for the Collony
The 24th of June at providence in the yeare 1656

An action of Trespas: upon the case Comenced by Edward: Richmond plaint against Richard Ussell Defendt Damige one hundred: pownds starll: The Issue joyned by the Aturnies not guilty of Trespas: The juries verdict we find for the: Defendt: the costs of Court: judgment granted and Execution thereon

The Gen Court of Tryals Held for the Collony At ports-
mouth the 14th of october in the yeare 1656

An action of Trespas: upon the case for Breach of Covinant and for forcing Abigall Davis the spoused wife of Edward Richmond and for takeing keeping and with houlding her from Edward Richmond aforesaied. Comenced By Edward Richmond plaintiff against John Cowdall and Richard Ussel deffts: damige thre hundred pownds starll
This case is reffered to the court of Comitioners there detirmanation

At the Generall Court of Tryalls Held at Warwicke june
the 30th 1657.

An action of the case to answer the Condemnation of the Court upon A nihil dicett Entered before the Court of Tryalls in october last at portsmo, Comenced by Edward Richmond plaintiff against Richard Ussell Deffendant Damidge Forty pownds starll jurries verdit we Find for the plaintiffe Damidge sixe pownd and Cost of this present Court judgment granted and exicution thereon

Att the Generall Court of Tryalls held for the Collony at
providence the 13th octobr 1657

An Action of Trespas upon the case comenced By Abigall Davis pla: against Richard Ussell Defftt: Damidge tenn pounds starll: The Issue joyned by the Aturnie is the Defft knows noe Abigall Davis of newport and the Deft is not guilty of the charge The jurry cominge into the Court did Declare that they cannot Agree to bringe in A verdict and will noe longer atend upon the case

Abigail and Edward found themselves in court again the next year.

The Genrl Court of Tryalls Held for the Collony at New-

port on the . . . Day of June 1658

Upon A presentment by the Grand Jurry against Edward Richmond for liveinge with Abigall Davise contrary to the law of this Collony: The Deffendant Enters his Traverce: leads Guilty Soe Far as he lives Contrary to law: And Reffers him Self to the Bench for Tryall: The Court doe judge the Sayd Edward Richmond Guilty of Fornication and to be whipt or pay Forty Shills accordinge to law: The sayd Edward Richmond Doth acknowlidge to abide the law in payment of Forty shills to the Genrl Treasurer: judgment graunted

Upon A presentment by the Grand jurry against Abigall Davice for liveinge with Edward Richmond contrary to the law of this Collony: The Defendant Enters her Traverce: pleads Guilty and Reffers her Selfe to the Bench for Tryall: She also in Court owned herselfe to be the same woman Abigall Davice: and that she hath a chylde by Edward Richmond The Court doe judge her Guilty of Fornication: and to be whipt or pay forty shillings—accordinge to law: She ownes to abide the law in payment of Forty shills to the Genrl Treasurer Judgment Granted:

Upon the humble Request of Edward Richmond and the aforementioned Abigall Davice that thay haveing beine adjudged: and also thay owneinge the Righteousnes of the Sentence of the Court against them for liveinge together in Fornication: That now this court would be pleassed for prevention of the licke Temptation now to Declare them selves Condissendinge to the two parties marriag to gether: which the Court doe Consent unto: for that ther is Testimony that they have beine twice published according to law but that Mr Jeffery advised them to stay A litle while becaus obadyah Holmes Forbad it thoe he shewed noe Reason nor hath accordinge to law proceeded in the matter since therefor the Court Declares under the hands of the Court or by their names herto anexed that the sayd persons are married together before and in pressents of the Court Leagaly

At last, by order of the Court, Abigail and Edward were legally married to each other.

They had six children together before her death in 1682 and I'm descended from the third one, John Richmond. 

*Rhode Island. Court of Trials. (192022). Rhode Island court records: records of the Court of trials of the colony of Providence Plantations, 1647-1670. Providence. pps 18, 22, 28, 37, 45.


© 2014 Copyright, Christine Manczuk, All Rights Reserved.

Working on Wednesday: William Davis (About 1597 - 1643/44): Locksmith

When researching an early immigrant ancestor it's great to find an entry for him or her in one of the Great Migration Study Project's volumes as is the case with this maternal 10-times great-grandfather whose daughter Abigail (by his first wife*) is in my direct line. The information below comes from there.**

However, as the comments explain:

"The records in this sketch present an unusual problem. The reason for including a William Davis in this volume is the birth record for Abigail in Boston on 31 October 1635 (followed by several other births to the same couple). But there were several men by the name of William Davis in early New England; to which do these birth records belong?

We need to consider three William Davises, who are distinguished by their occupations: William Davis, locksmith, who died in late 1643 or early 1644; William Davis, gunsmith, who moved to Barbados; and Captain William Davis, apothecary."

And after sifting the evidence:

"We have concluded that the children born in the late 1630s belong to William Davis Sr., the locksmith."

William is believed to have arrived in New England in 1635 with four children from his first marriage and probably his second wife whose given name was Mary. We don't know the name of his first wife or when and where she died. Nor do we know anything of William's antecedents.

Perhaps he was inspired to leave his homeland by William Wood's book "New England's Prospect."

[[Woods's New England's Prospect on Open Library]

[The south part of New-England, as it is planted this yeare.... William Wood, London, 1634.

Yale Collection of Western Americana, Beinecke Rare Book and Manuscript Library, Yale University]

On April 16, 1638, "William Davisse, the locksmith, a houseplot near unto the new mill..." in Boston and as far as we can tell he stayed in that town, eventually owning three parcels of land including two houses.

On March 7, 1643/44, General Court records show that he had died intestate and orders were given for the division of his estate to his widow and children, two of whom were minors.

If you want to read more about the history of locks and keys, the Lock Museum of America is a good place to start.

*He had another daughter named Abigail (the one born in 1635) by his second wife.
**Great Migration 1634-1635, C-F. (Online database. AmericanAncestors.org. New England Historic Genealogical Society, 2008.) Originally published as: The Great Migration, Immigrants to New England, 1634-1635, Volume II, C-F, by Robert Charles Anderson, George F. Sanborn, Jr., and Melinde Lutz Sanborn. Boston: New England Historic Genealogical Society, 2001. pages 316-320

© 2014 Copyright, Christine Manczuk, All Rights Reserved.