Sarah Williamson Rainey1

F, #431, b. 29 October 1815, d. 7 October 1888
FatherWilliamson Rainey Jr2,3 b. c 1789, d. b 16 Feb 1857
MotherMartha Elizabeth Cook b. c 1793, d. b 21 Dec 1857
ChartsDescendant Chart (Box)

Family

Charles Granderson Turner b. 17 Feb 1817, d. 30 Jan 1880
Children
Last Edited11 Feb 2021
     Sarah Williamson Rainey was born on 29 October 1815, daughter of Williamson Rainey Jr and Martha Elizabeth Cook, in Mecklenburg County, Virginia. Some undocumented sources report her born in Marengo.4,5 Sarah Williamson Rainey also has been reported to have been born on 29 October 1814 in Virginia, according to the obituary printed in the Texas Christian Advocate.6 Another source indicates the year of birth as circa 1817 at Virginia.7

     Sarah Williamson Rainey, 23, and Charles Granderson Turner, 21, obtained a marriage bond on 13 December 1838 at Mecklenburg County, Virginia, with Thomas J. Rainey, her brother, as bondsman.1

     Williamson Rainey, Jr, father of the bride, gave consent to the marriage on 13 December 1838 at Mecklenburg County, Virginia.1

     Sarah married Charles Granderson Turner, son of Stephen Turner and Martha Wright, after 13 December 1838 at Mecklenburg County, Virginia, with Rev. Benjamin R. Duval officiating.1

     On 1 July 1845, Sarah W. Turner witnessed the Last Will and Testament of Eleanor Mabry in Warren County, North Carolina on this date.

     After 1857, Sarah W. and Charles G. Turner lived on Turner land in Warren County, North Carolina until about the time Williamson Rainey, Jr. died in 1857. They then sold their land in North Carolina and bought the Williamson Rainey Jr house. This property was lost following the Civil War. The property with the house was bought in 1919 by Ed Gaulin who operated a store on the road. His daughter is Vergie Dix, who was 86 years old and living in the house with a retarded relative in 1992. In an email dated April 11, 2001, additional information on the house, as well as the attached picture, was provided: "The house has five rooms downstairs and two rooms upstairs for a total of seven rooms. Virgie said her father had made a small addition to the kitchen area. You could see where it had been joined to the house. The chimney on the west end of the building is double-breasted, for fireplaces on both levels. Carstairs Bracy believed that the front of the house was burned and rebuilt. The chimney on the east side of the house has the date 1871 scratched into its stucco covering. Court records would make this after the Turners had moved away and the house was sold in 1867."

     A DAR marker is in the front yard commemorating the Revolutionary War service of Williamson Rainey, Sr. (1760-1847) as a private in the Virginia militia. There is also a windmill in the yard, the only one I have ever seen in Virginia. At the time we visited it was not working although the well was still used, the water being drawn up by hand. A simple-minded nephew was living with Virgie, who was 86 at the time of our first visit, and he drew the water and split wood to heat the house. Virgie had laundry hanging on the line in the yard. There was what appeared to be an outhouse behind the house, whether it was in use I do not know."

     "The Virginia Historical Society: Jeremy Francis Gilmore map #56, 1864 shows the Rainey/Turner house; J. F. Gilmore map #57 (sheet 3) shows Tanner's store on corner of St. Tammany Road and Bellefield Road. Vance and Warren Counties, North Carolina, also on maps #56 and #57. (The) Town of Boydton on Plank Road to Petersburg. . . Several maps call LaCrosse, Puryear. Maps include Tanner's store and Marengo Post Office, but do not show Sardis Church or houses. The Masonic hall is listed.

     Another Rainey house (is) on the road between Kidds Road and St. Tammany Road, which leads down to St. Tammany Ferry where the Roanoke River was crossed. The original town was in this area on the Roanoke River. It was moved and became Bracy when the railroad was built.8

     In February 1857, according to Vernon Drewa, a bill was introduced in Chancery Court as follows:

     "Martha Rainey, Henry Thomas & wife, Zackariah Curtis & wife, Thomas Thompson & wife, Herbert B. Rainey, Edward Cleaton & wife and Martha Rainey.
vs.
John J. Rainey, Henry Rainey, Charles G. Turner & Sailie his wife, Charles W. Rainey, Adelia A. Rainey, and Rosa, Rufus and Robert Rainey, children of Thomas J. Rainey.

     To the worshipful the County court of Mecklenburg in Chancery Sitting.
Your complainants Martha Rainey, Henry Thomas & Emily his wife formerly Rainey, Zachariah Curtis & Harriett his wife formerly Rainey, Thomas Thompson & Mary his wife formerly Rainey, Herbert B. Rainey, Edward Cleaton & Margaret his wife formerly Rainey, and Martha Rainey respectfully represent unto your worship that Williamson Rainey was in his lifetime seized and possessed of a considerable real estate, slaves & other personal property, and being so thereof seized and possessed, some time recently, to wit, in the early part of the year 1857 departed this life inteste, leaving your complainants and John J. Rainey, Henry Rainey, Charles G. Turner & Sailie his wife formerly Rainey, Charles W. Rainey, Adelia A. Rainey, and Rosa Rainey, Rufus Rainey & Robert Rainey children of Thomas J. Rainey his heirs at law that Charles G. Turner & John J. Rainey qualified in this court upon the Estate of the said Williamson Rainey and executed a proper bond conditioned as the law directs for the faithful discharge of their duties as administrators.
Your complainants further state that Martha Rainey one of your Complainants is the widow of the said Williamson Rainey and that she is desirous that her dower in the lands 7 slaves of her late husband should be assigned her without dela- that your complainants are informed and believe that the debts of the said Williamson Rainey are but few and of small amounts, and that they are fully satisfied, that it will require no part of the real estate or slaves to pay any part of the debts of the said Williamson Rainey, but that he has left more than enough of other property to satisfy them -Your complainants would further state that the said Williamson Rainey in his lifetime made advancements to several of his children - that he advanced to his daughter Sallie Rainey who intermarried with Charles G. Turner money and other property to the value of about $700 that he advanced to his son John J. Rainey money & other property to the value of about $800 that he advanced to his son Thomas J. Rainey the father of Rosa, Rufus, and Robert Rainey money & other property to the value of about $600 that he advanced to his daughter Harriett Rainey who intermarried with Zackaraiah Curtis money and other property to the value of about $700 that he advanced to his daughter Margaret Rainey who intermarried with Edward Cleaton money & other property to the value of about $700. that he advanced to his daughter Emily Rainey who intermarried with Henry Thomas money & other property to the value of about $700 - that he advanced to his daughter Mary Rainey who intermarried with Thomas Thompson money & other property to the value of about $700 - and that he advanced to his son Herbert B. Rainey money & other property to the value of about $800.     which advancements your complainants ask shall be accounted for by the parties respectively before they may be permitted to receive a distributive share of the Estate of which said Williamson Rainey died seized and possessed - Your complainants further state that after one third of the lands & slaves have been assigned to the Complainant Martha Rainey in the estate of her late husband Williamson Rainey as her dower that they do not believe the residue will be susceptible of partition in kind among the parties thereto entitled - that the interest of each in the real estate will be worth considerably less than three hundred dollars, and that the slaves being so few in numbers and so unequal in value that they cannot be well divided, your complainants therefore desire that the proceeds distributed among the parties in proportion to their respective interest therein - In consideration whereof, and as your complainants are without remedy except in a court of Equity where matters of this kind are along & properly cognizable your compts. pray that John J. Rainey & Charles G. Turner, Charles W. Rainey, Adelia A. Rainey, Rosa Rainey, Rufus Rainey & Robert Rainey the last six of whom are infants be made parties defendants to this bill and required to answer the allegations herein contained - that a guardian ad litem be assigned the infant defendants that one third in value of the real estate & slaves of which the said Williamson Rainey died seized and possessed be assigned to Martha Rainey as her dower and that the residue of each both the lands & slaves be sold and the proceeds there of be distributed among the parties thereto entitled in proportion to their respective Interests - And that your worships will grant unto your Compts. such other & general relief in the premises as in justice & Equity they may be entitled to & they will ever pray, etc."

     I do not know the outcome of this suit. Unfortunately, FamilySearch does not appear to have Chancery Court Records, vol. 2 filmed. Volume 1 ends in 1844 and volume 3 begins in 1860.9

     On 18 April 1859, the final distribution of the estate of Williamson Rainey, decd., running from 1858 until this date was provided to the Court and recorded in Mecklenburg County, Virginia. Distributees: Thomas I. Rainey (?); John J. Rainey; Henry R. Thomas & wife (Emily Rainey); Charles G. Turner & wife (Sarah W. Rainey) Edward S. Cleaton and wife (Margaret J. Rainey); Herbert B. Rainey; Zach. Curtis & wife (Harriet Caroline Rainey); Thomas G. Thompson & wife (Mary E. Rainey); Martha C. Rainey; Joseph H. Rainey; and Adelia A. Rainey; Charles W. Rainey; and, Rosa, Rufus and Robert Rainey, children of Thomas I. Rainey, decd.3

     Between 1862 and 1868, Sarah lost her three older brothers in the Civil War. Her youngest brother died in 1868 in Texas.10

     On 9 July 1863, In his will, Benjamin Franklin Turner names his mother, Sarah W. Turner and his brother, S. W. Turner as Executor.11

     Sarah Williamson Turner died on 7 October 1888 at age 72 in Tyler, Smith County, Texas,6 and was buried in Plot #3, Oakwood Cemetery, Tyler, Smith County, Texas.
     "Died in the city of Tyler, Texas, Oct. 7, 1888, Mrs. S. W. Turner, mother of Rev. Stephen W. Turner, late of the East Texas Conference. Sister Turner was born in Mecklenburgh county, Va., on October 29, 1814. She was a Christian from early childhood, and a devoted member of the M. E. Church, South, to her death. She was a woman of extraordinary gifts of mind. Her thoughts dwelt always on the nobler things of life, and caught their inspiration from a source not reached except by those of large intellectual capabilities and great spiritual purity. To have known and to have enjoyed her conversation is acounted by this writer a rare privilege. Hers was a ripe, full life, garnered as the sheaf of corn in its season.
H.M. DUBOSE.6,4,12

     She is also reported to have died on 10 October 1888 at Tyler, Smith County, Texas.4,13

Census and Occupation

DateEnumeration and OccupationLocation
1840as the free white female between 20 and 40 years of age enumerated in her husband's householdWarren County, North Carolina14
185033 years of ageRegiment 98, Mecklenburg County, Virginia7
186044 years of ageSaint Tammany PO, Mecklenburg County, Virginia5
187057 years of ageSmith County, Texas15
188064 years of age and living in her son, Stephen's, household as a BoarderHenderson, Rusk County, Texas16

Citations

  1. [S423] Vogt, John and Kethley, T. William. Mecklenburg County Marriages - 1765-1853 (Athens: Iberian Publishing Co., 1989), page 259. Virginia Historic Marriage Register.
  2. [S3132] "Mecklenburg County, Virginia Will Books, vols. 18-19, 1853-1859, vol. 20 (p. 1-250), 1859-1861," images, The Church of Jesus Christ of Latter-day Saints, (FamilySearch: Provo, Utahunknown cd3 ), entry for unknown cd2 : accessed Williamson Rainey estate administration (1857), Will Book 19.
  3. [S6451] "Mecklenburg County, Virginia Will Books 18-20," images, The Church of Jesus Christ of Latter-day Saints, (FamilySearch: Provo, Utahhttps://www.familysearch.org/ark:/61903/3:1:3QSQ-G9P6-537H?i=544&cat=382696 ), entry for Williamson Rainey, decd., 1857, Will Book 19, pages 428-433 : accessed 10 Feb 2021.
  4. [S176] East Texas Genealogical Society. Cemetery Records of Smith County, Texas, I (Tyler: The East Texas Genealogical Society, 1981), page 15.
  5. [S68] "1860 United States Federal Census," Mecklenburg County, Virginia, population schedule, dwelling 214, family 214, Charles G. Turner household, digital images. ProQuest's HeritageQuest Online, formerly accessed through participating libraries. HeritageQuest moved their census data to Ancestry.com in 2015.
  6. [S545] Sarah W. Turner, The Texas Christian Advocate, column 4, 22 Nov 1888, page 7, posted online 9 Jan 2003 by Vickie Betts, provided via email from Stephen Turner, 13 Aug 2003; 11:14 pm.
  7. [S961] "1850 United States Federal Census," Mecklenburg County, Virginia, population schedule, 98th Regiment Township, dwelling 140, family 140, Charles G. Turner household, digital images. ProQuest's HeritageQuest Online, formerly accessed through participating libraries. HeritageQuest moved their census data to Ancestry.com in 2015.
  8. [S251] Luke, Joy Turner, e-mail message from (e-mail address) (Sperryville, Virginia) to Toby Turner, dated 17 Feb 2001.
  9. [S230] Drewa, Vernon, "Email, Vernon Drewa," e-mail message from e-mail address to Toby Turner, dated 7 Aug 2007 containing an ahnentafel of Stephen W. Turner, citing Mecklenburg County, Virginia Chancery Court, Feb 1857. The Library of Virginia has microfilm roll 164 of Chancery Order Book 2, 1845-1860, Circuit Superior Court of Law available on interlibrary loan.
  10. [S493] Rainey, H. Wayne, e-mail message from (e-mail address) to Toby Turner, dated 21 Feb 2001.
  11. [S1213] Leath, Andrew L., abstractor. Abstracts of the Smith County Probate Records, Smith County, Texas 1846-1880 (Tyler: The Jack T. Greer Memorial Trust Fund, 1984), File: T PMB: C-3/58/E282-286 374-376 1/42.
  12. [S230] Drewa. Email, dated 7 Aug 2007 containing an ahnentafel of Stephen W. Turner, citing the Texas Christian Advocate, 22 Nov 188, page 7, column 4 provided by Steve Turner her grandson.
  13. [S2702] Find A Grave. Database and images; accessed 14 Jan 2014, memorial page for Sarah W Turner (1815-1888) at memorial page..., photograph of grave by cjgriffith, maintained by Tyler; citing Oakwood Cemetery, Tyler, Smith County.
  14. [S1026] "1840 United States Federal Census," Warren County, North Carolina, Roll 372, page 31, images 20 and 21, line 26, Charles G. Turner household, digital image, citing National Archives microfilm M704. ProQuest's HeritageQuest Online, formerly accessed through participating libraries. HeritageQuest moved their census data to Ancestry.com in 2015.
  15. [S672] "1870 United States Federal Census," Smith County, Texas, population schedule, Tyler Beat No 1 Township, dwelling 309, family 311, Benj Turner household, digital images. ProQuest's HeritageQuest Online, formerly accessed through participating libraries. HeritageQuest moved their census data to Ancestry.com in 2015.
  16. [S677] "1880 United States Federal Census," Rusk County, Texas, population schedule, Henderson Township, Enumeration District (ED) 72, Sheet 12, dwelling 104, family 112, S. W. Turner household, digital images. ProQuest's HeritageQuest Online, formerly accessed through participating libraries. HeritageQuest moved their census data to Ancestry.com in 2015.

Marcella Mary Henry1

F, #432, b. 24 January 1899, d. circa May 1956

Family

Grady T. Turner b. 30 Dec 1894, d. 1 Jul 1990
Last Edited26 Feb 2021
     Marcella Mary Henry was born on 24 January 1899.

     Marcella, 25, married Grady T. Turner, 29, son of Rev. Stephen Williamson Turner and Dora Anna Shuford, on 1 March 1924 at Manhattan, New York City, New York County, New York.2,3

     She died circa May 1956. I can't find confirmation of this either, after searching relentlessly on FamilySearch and Ancestry.com.

Census and Occupation

DateEnumeration and OccupationLocation
192526 years of ageNew York City, New York County, New York4
193031 years of age and married for the first time at 25Philadelphia, Philadelphia County, Pennsylvania2

Citations

  1. [S230] Drewa, Vernon, "Email, Vernon Drewa," e-mail message from e-mail address to Toby Turner.
  2. [S2115] "1930 United States Federal Census," Philadelphia County, Pennsylvania, population schedule, Philadelphia, Ward 42 Township, Enumeration District (ED) 51-1029, Sheet 2A, family 35, Grady Turner household, digital images. ProQuest's HeritageQuestOnline, formerly accessed through participating libraries. HeritageQuest moved their census data to Ancestry.com in 2015.
  3. [S6471] "New York, New York, Marriage License Indexes, 1907-2018," index and images, (Ancestry.com Operations Inc.: (Provo, Utah), accessed 26 Feb 2021, entry for Grady T Turner and Marcella M Henry, 1 Mar 1924, Manhattan, New York City , License No. 5802, image 1561 of 1751.
  4. [S3830] "New York, State Census, 1925," index to associated digital images, The Church of Jesus Christ of Latter-day Saints, (FamilySearch: https://familysearch.org/pal:/MM9.1.1/KS7W-MM1 from which I connected to the original image on Ancestry.com ), entry for Grady Turner, New York, New York, accessed 29 Jun 2014.

Anne Theresa Connelly1

F, #434, b. 2 July 1908, d. 11 December 1960
FatherDavid Connelly1
MotherAnne Donahue1 b. c 1871

Family

Grady T. Turner b. 30 Dec 1894, d. 1 Jul 1990
Last Edited26 Feb 2021
     Anne Theresa Connelly was born on 2 July 1908, daughter of David Connelly and Anne Donahue, in Philadelphia, Philadelphia County, Pennsylvania. This could be in either Philadelphia, Montgomery or Delaware County.1

     Anne, 30, married Grady T. Turner, 43, son of Rev. Stephen Williamson Turner and Dora Anna Shuford, on 22 October 1938 in Baltimore, Maryland. I can't find this marriage in FamilySeach online records in Maryland or Philadelphia marriage records. I can't find it anywhere in the United States on either FamilySearch or Ancestry.com as of 26 Feb 2021.

     Anne Theresa Turner died of metatstatic carcinoma of the breast on 11 December 1960 at age 52 in Dallas Medical and Surgical Clinic, Dallas,1 and was buried on 12 December 1960 in Sparkman Hillcrest Memorial Park, Dallas, Dallas County, Texas.1,2

Census and Occupation

DateEnumeration and OccupationLocation
192012 years of age and living with her mother who was a roomer at the addressCamden, Camden County, New Jersey3
194031 years of age and living with her husband and stepdaughterPhiladelphia, Philadelphia County, Pennsylvania4

Citations

  1. [S2608] "Texas Deaths, 1890-1976," index and images, The Church of Jesus Christ of Latter-day Saints, FamilySearch ( https://familysearch.org/ark:/61903/1:1:K341-WT6 : accessed 7 Jun 2016), Anne Theresa Turner, 11 Dec 1960; citing certificate number 70616, State Registrar Office, Austin; FHL microfilm 2,116,618.
  2. [S2702] Find A Grave. Database and images; accessed 29 Nov 2018, memorial page for Anne T Turner (1908-1960)Becky Romo at memorial page..., photograph of grave by Becky Romo, maintained by 102842771.
  3. [S5479] "Fourteenth Census of the United States: 1920," digitized microfilm, The Church of Jesus Christ of Latter-day Saints, National Archives (https://familysearch.org/ark:/61903/1:1:M45M-3F5: accessed 25 Aug 2016), Anna Connlley, roomer, 1920, Camden Ward 2, Camden, New Jersey, United States; citing ED 11, sheet 7B, household 125, NARA microfilm publication T625 (Washington, D.C.: National Archives and Records Administration, n.d.); FHL microfilm 1,821,022.
  4. [S3273] "1940 United States Federal Census," digital images, The Church of Jesus Christ of Latter-day Saints, FamilySearch ( https://familysearch.org/ark:/61903/1:1:KQWT-FPL ): accessed 13 Jun 2016), Grady T Turner, Ward 38, Philadelphia, Philadelphia City, Philadelphia, Pennsylvania, United States; citing enumeration district (ED) 51-1408, sheet 1B, family 25, Sixteenth Census of the United States, 1940, NARA digital publication T627. Records of the Bureau of the Census, 1790 - 2007, RG 29. Washington, D.C.: National Archives and Records Administration, 2012, roll 3732.

Dr. Quincy Adams Shuford1,2

M, #436, b. 4 April 1826, d. 26 June 1904
FatherJohn Jay Shuford3,4,5 b. 2 Jan 1792, d. b 28 Jan 1873
MotherCatherine Corpening3 b. 10 Jan 1791, d. 13 Apr 1868

Family

Julia Ann Petty b. 1830, d. 24 Dec 1893
Child
Last Edited31 May 2019
     Quincy Adams Shuford was born on 4 April 1826, son of John Jay Shuford and Catherine Corpening, in Lincoln County, North Carolina. The 1900 census lists him born in May 1826.1,3,6,7 Dr. Quincy Adams Shuford also has been reported to have been born on 4 May 18268,9 and on 5 May 1826, at North Carolina.10,11

     On 29 March 1849, he graduated from Jefferson Medical College of Philadelphia and moved to Newton, Catawba County, North Carolina.12

     Dr. Quincy Adams Shuford, 23, and Julia Ann Petty, 19 years, obtained a marriage bond on 23 May 1849 at Wilkes County, North Carolina, A/[ndw/] A. Scroggs was the bondsman with both he and Quincy Adams Shuford bonded in the amount of £500 current money (?)13,14,2

     Quincy Adams married Julia Ann Petty, daughter of Benjamin Franklin Petty and Cynthia Bryan, after 23 May 1849 at Wilkesboro, Wilkes County, North Carolina. The marriage record was returned 9 Jun 1849.13,15,16

     In 1854, he moved to Mt. Carmel, Smith County, Texas, where he practiced medicine for thirteen years.17

     He began military service on 15 July 1861 at Smith County, Texas, when he was enrolled as a Private in Company 2 (Reserve), 12th Brigade, Texas Militia by David Hill in Tyler, Texas at Mt. Carmel Post Office.18

     In 1867, he moved to St. Landry Parish, Louisiana.17,12

     Between 1873 and 1875, the Tyler Reporter newspaper was under the supervision of Captain Sid S. Johnson and Dr. G. [should be Q.] A. Shuford.19

     On 15 August 1874, "F. M. Holland M. C.
     Q. A. Shuford M. D.
     Drs. Holland & Shuford
     Have re-associated themselves
     in the practice of their profession. Office over Murphy's jewelry store."20

     On 15 July 1882, his office was located at Shuford & Cherry & Co. Drug Store.21

     In 1883, he took a special course at New York Polyclinic.22

     In 1889, he took a special course at New Orleans Polyclinic.22

     Dr. Quincy Adams Shuford died at 8:00 am of 'fatty degeneration of heart' of 3 month duration on 26 June 1904 at age 78 in Tyler, Smith County, Texas,23,24,8 and was buried in Oakwood Cemetery, Tyler, Smith County, Texas. Vernon Drewa sent the following Memoriam which had been pasted in the scrapbook of Neal Waskom Turner.

     In Memoriam
          "Having been appointed by the medical profession of the city of Tyler to draft a suitable memoriam in regard to the death of our honored beloved confrere, Dr. Q. A. Shuford, our committee begs to engross our esteem for him in the following words:"

          "Dr. Quince A. Shuford was born in Lincoln County, North Carolina, on the 4th day of May, 1826. His preliminary education was obtained in the common schools of that county. After leaving school he began the study of medicine, and was graduated from the Jefferson Medical College on the 29th day of March, 1849. Two months after graduating he was married to Miss Julia Anna Petty of Wilkes, North Carolina. After graduating in medicine he located in Newton, Catawba County, North Carolina, where he practiced his profession until 1854. In that year he came to Texas and located at Mt. Carmel in Smith County, where he practiced for thirteen years. In 1867 he removed to Landry Parish, Louisiana, and practiced until 1871. In 1871 he came to Tyler, where he practiced until his death. Dr. Shuford had thus continuously practiced his chosen profession for a period of fifty-years, and was one of the oldest practitioners in Texas."

          "In 1883 he went to New York City, where he engaged in post graduate work, and in 1889 went to New Orleans for a post graduate course in medicine."

          "In 1890 Dr. Shuford began to with-draw from general practice and to engage in his work as a specialist. In 1890 he was awarded a diploma and a medal was struck in his honor by the Academy for Inventions of Paris, France."

          "In the fall of 1902 Dr. Shuford contracted la grippe, which left its mark upon his general health. In the spring of last year he again suffered from la grippe and from which he never fully recovered."

          "He departed this life at his home in Tyler, surrounded by relatives on Sunday morning, June 26, 1904 at 8:35 o'clock. His wife, Mrs. J. A. Shuford, died at her home in Tyler December 24, 1893."

          "The deceased was the father of eleven children, only four of whom are now living - Mrs. S. W. Turner of Gatesville, Mrs. W. T. Cherry and Mrs. C. E. Wood of Tyler and Quincy Shuford of Ben Arnold, Texas."

          "While in this life the subject of the memoir typified in many ways the life of the true Christian physician. He loved his profession and his devotion to it extended over a period of half a century. He was a man of sterling qualities, and fearlessly honest. In his private life he placed his ideals high, and he loved the things which were true and beautiful."

          "His character was absolutely pure. Nothing but the sweetest perfume enshrouds his character, the greatest gift of all mankind."

          "In the sick room he was gentle, positive, refined, hopeful. His innate feelings were almost as tender as a child and in the loss of a patient he has been known to shed tears. He bore his sickness with great fortitude, and when death itself approached it found him waiting with hopes undismayed, calmly waiting for a higher, nobler life beyond the grave."

          "In the exemplary life of our departed brother, we find much to commend itself to each one of us, to give us hope, therefore be it."

          "Resolved, By the physicians of the city of Tyler, that in the death of our oldest representative practitioner of medicine, we have sustained a loss greatly to be deplored, and that each of us should emulate his good example by engrafting more deeply into our lives the cardinal virtues which he employed."

          "Resolved. That a copy of this memoir and resolutions be given the sorrowing family of our beloved brother."

     ALBERT WOLDERT, M.D.
     J. D. PHILLIPS, M.D.
     D.H. CONNALLY, M.D."25,8,26

     "Q. A. Shuford, M. D., is one of the oldest physicians and surgeons of Smith County, Texas. His father, John J. Shuford, was born in Lincoln County, North Carolina and lived and died there. He was a merchant all his life, and accumulated considerable property. He married Catherine, daughter of Albert Corpening of Lincoln County, North Carolina, and she also was born, reared and died there. Dr. Shuford is of German extraction of both sides, and is the fourth in the following family of seven children Marcus, Franklin, Levi, Fannie, Quince Adams, Henry, Pinkney, and Susan.

     Q. A. Shuford was born in Lincoln County, North Carolina, May 4, 1826, and was educated at Lincolnton Academy. He graduated from the Jefferson Medical College of Philadelphia, March 29, 1849, and located at Newton, Catawba County, North Carolina, where he practiced medicine four years; came to Texas in 1854 and settled in Smith County, but in 1867 moved to Sant Landry Parish, Louisiana, where he remained until 1871, returning to Smith County. He has practiced medicine all his time since graduation, having taken a special course in the New York Polyclinic in 1883, and in the New Orleans Polyclinic in 1889.

     Dr. Shuford has recently issued a small pamphlet relating to the hypodermic treatment of internal hemorrhoids, which he has printed for the purpose of giving his professional brethren all the information that he can upon the subject, and at the same time benefit suffering humanity. The doctor has himself met with wonderful success in the treatment of the disorder mentioned, and his brochure should be in the hands of every practitioner; it may be had by writing him.

     He married May 22, 1849, Julia Ann, daughter of Benjamin F. Petty, of Wilkes County, North Carolina; she is a native of that county, and the mother of 10 children, 5 living and grown."27

     On 28 Jun 1904, a Memorandiam prepared by his son-in-law, Stephen W. Turner, was published:
" Dr. Quincy A. Shuford was born in Lincoln County, North Carolina on the 4th day of May, 1826. He received a common school education and having decided upon the medical profession as his life work, he attended Jefferson Medical College, from which he graduated Mary 29,1849. He was soon after married to Julia Anna Petty, of Wilkes, North Carolina., who preceded him to heaven December 2, 1893. He located in Newton, N. C, and very successfully practiced his chosen profession till 1854, when he came to Smith County, Texas, and located at Mt. Carmel, where he had a very large and eminently successful practice for thirteen years. During these years he did a great deal of charity practice for the families of Confederate soldiers and widows and orphans. In 1867 he removed to St. Landry Parish, Louisiana, where he practiced for four years. He then returned to Smith County, Texas, and located in Tyler. He was devoted to his chosen profession and practiced fifty-five years with great success. He kept in line with the best thought and practice of a progressive age. he was a constant student. In 1883 he took a post graduate course in New York City. In 1889 he went to New Orleans and took a special course and during the remainder of his life devoted himself chiefly to special practice. In 1890 the Academy of Scientific Inventions in Paris, France, unsolicited, awarded him a diploma and special medal for the invention of a speculum for the special treatment of hemorrhoids - a rare honor. Dr. Shuford was a man among men. He was the very soul of honor and in his sight 'a vile person was condemned.' He despised every thing little and low and mean. He loved righteousness. A committee of the medical fraternity to draft suitable resolutions said of him: 'His character was absolutely pure. Nothing but the sweetest perfume enshrouds his character, the greatest gift to all mankind; he loved the things which were true and beautiful.' He was an unpretentious man and naturally retiring in his disposition. He had the modesty and purity of a chaste virgin. He was a devoted, life-long, conscientious and consistent Christian. In the bosom of his family and the inner circle of his friends his virtues shone most conspicuously. He loved the sanctuary and he 'tasted the good word of God and the powers of the world to come.' He lived more than he professed, the summons, therefore, found him 'watching and waiting.' He was ready. Often had he said this to his children. To his pastor he said: 'Looking back over my life, I have nothing to regret.' He passed away quietly and peacefully on Sunday morning, June 26, 1904 from his home in Tyler, Texas, to his happier home in heaven. He leaves to his children and friends the legacy of an untarnished character and unsullied name and the example of a spotless life and thereby, though dead, he yet speaketh. He is gone, but they know where and how to find him.

     His children are Mrs. S. W. Turner, of Gatesville; Mrs. W. T. Cherry and Mrs. Clayton E. Wood, of Tyler, and Mr. Quincy Shuford of Ben Arnold, Texas."
Signed S. W. TURNER.17

Census and Occupation

DateEnumeration and OccupationLocation
Physician with real estate valued at $1,310 (worth $35,619.15 in 2012 dollars)28
185024 years of ageNewton Township, Catawba County, North Carolina28
186034 years of ageMt. Carmel PO, Smith County, Texas29
Physician with real estate valued at $2,400 (worth $60,443.85 in 2012 dollars) and personal property worth $5,500 (worth $138,517.15 in 2012 dollars)29
1870as R. A. (oddly enough), and 45 years of ageBayou Chicot PO, St. Landry Parish, Louisiana30
Physician and a Farmer with real estate valued at $2,200 (worth $39,357.19 in 2012 dollars) and personal property worth $700 (worth $12,522.74 in 2012 dollars)30
188054 years of age. Also living in his household is a Rebecca Shuford, 55, born in North Carolina whose parents were also born in North Carolina who is described as a Servant. J M Smith, age 39, is living there and is a Brick MasonTyler, Smith County, Texas31
Physician31
190074 years of age, widowed, and is head of a household consisting of his daughter, Blanche, her husband and their three children, as well as a servant, Bertha Sanders, age 43. He also reports both his parents were born in GermanyTyler, Smith County, Texas6
Physician who owns his home free of mortgage6

Citations

  1. [S469] Shuford, David Wilson. Origins Of The Shuford Family in America (Baltimore: Gateway Press, Inc., 1998), page 105.
  2. [S2989] "North Carolina, County Marriages, 1762-1979," index and images, The Church of Jesus Christ of Latter-day Saints, (FamilySearch: https://familysearch.org/ark:/61903/1:1:XF9T-Y9C, entry for Quincey Adams Shuford and Julia Ann Petty, 23 May 1849; citing Wilkes, North Carolina, United States, p. , Office of Archives and History, Division of Archives and Records. State Archive of North Carolina and various county Register of Deeds; FHL microfilm 546,480, accessed 15 Dec 2012).
  3. [S1611] Biographical Souvenir of The State of Texas 1889 (Chicago: F. A. Battery and Company, 1889), now available online at http://www.txfannin.org/booksonline.php , courtesy of Vernon Drewa.
  4. [S3397] Sherrill, Elizabeth Bray. The Shuford Gold Mine (Sherills Ford: E. B. S., 1991), page 11.
  5. [S3398] Shuford, Rev. Julius H.. A Historical Sketch of The Shuford Family (Hickory, North Carolina: A. L. Crouse & Son, Printers, 1901), page 14.
  6. [S70] "1900 United States Federal Census," Smith County, Texas, population schedule, Enumeration District (ED) 97, Sheet 1, dwelling 12, family 13, Q A Shuford household, digital images. ProQuest's HeritageQuest Online, formerly accessed through participating libraries. HeritageQuest moved their census data to Ancestry.com in 2015.
  7. [S2818] Rucker, Elizabeth Hoyle, The Genealogy of Peiter Heyl and His Descendants, 1100-1936: with the intermarried families of Arnold, Bess, Byrd, Cansler, Carlock, Carpenter, Costner (Kestner), Davis, Freeman, Friday, Gantt (Gaunt,Ghent) Green, Hahn, Henkel, Hoffman, Hovis, Huffstetler, Jones, Klein, Lineberger (Leinberger) , Mendenhall, McIntosk, Nesbitt, Payne, Patton, Peel, Peeler, Porter, Ramsour, Reihnardt, Rhyne, Reynolds, Robinson, Rudisill, Shuford, Summey, Smither, Thompson, Wells, Warlick, Weidner, and Wilfong (Shelby: E. H. R., c1938), page 123, mistakenly has him born 1821. This book is replete with errors, particularly with respect to the German ancestors of Pieter Heyl, and therefore should be used with caution.
  8. [S2702] Find A Grave. Database and images; accessed 26 Sep 2012, memorial page for Dr Quincy Adams Shuford (1826-1904) at memorial page..., photograph of grave by PickledDuncan, maintained by Tyler; citing Oakwood Cemetery, Tyler, Smith County, Texas.
  9. [S230] Drewa, Vernon, "Email, Vernon Drewa," e-mail message from e-mail address to Toby Turner, dated 7 Aug 2007 containing an ahnentafel of Stephen W. Turner, states he was born in Hickory, North Carolina.
  10. [S3398] Shuford. Shuford Family Sketch, page 153.
  11. [S2608] "Texas Deaths, 1890-1976," index and images, The Church of Jesus Christ of Latter-day Saints, FamilySearch ( https://familysearch.org/ark:/61903/1:1:JD8D-XNL : accessed 7 Dec 2012), Q. A. Shuford, 26 Jun 1904; citing Tyler, Smith, Texas, reference v X cn 51005, State Registrar Office, Austin; FHL microfilm 2,050,091 Calculated from his age of 78 years, 1 month and 21 days old at death.
  12. [S1611] Biog. Souvenir of Texas, page 767; courtesy of Vernon Drewa.
  13. [S2545] Ingmire, Frances T., compiler. Wilkes County North Carolina Marriage Records 1779-1868 (Athens: Iberian Publishing Company, 1996), Grooms, page 00083.
  14. [S3105] Genealogical Society of Utah, compiler. Wilkes County, North Carolina Marriage Bonds (Salt Lake City: Genealogical Society of Utah, 1942), page 224.
  15. [S2636] Broughton, Carrie J., compiler. Marriage and Death Notices In Raleigh Register and North Carolina State Gazette, 1846-1855 (Raleigh: State of North Carolina, 1948), page 451; accessed 5 Jul 2010.
  16. [S3122] Wilkes County, North Carolina Estate Records, 1777-1945: Parlier -Prevett (cont.), FHL Film 2,317,730, Microreproduction of originals housed in the North Carolina State Archives Division of Archives and History in Raleigh, North Carolina, B. F. Petty estate administration file (1885), microfilm frames 974-976 list the heirs-at-law.
  17. [S230] Drewa. Email, dated 7 Aug 2007 with an attached ahnentafel of Stephen W. Turner; citing a Memoriam prepared by his son-in-law, Stephen William Turner on 28 Jun 1904.
  18. [S3501] Abbott, Kay H., "Smith County - 1861 Muster Roll - Mt. Carmel Post Office", East Texas Family Records, vol. 8, no. 4 (Winter 1984); online at http://texashistory.unt.edu/ark:/67531/metapth38039/m1/33/, accessed 22 Mar 2013, entry for Q. A. Shuford, no. 55, page 31.
  19. [S3504] "History of Tyler and Smith County", contributed by Lawrence E. Oliver, email at e-mail address, online at http://files.usgwarchives.net/tx/smith/history/school/ths/smthh15.txt , uploaded 3 Mar 2001, website address verified 13 Jul 2019, accessed 22 Mar 2013.
  20. [S3500] "Notice," Tyler Democrat, col. 5, 15 Aug 1874, page 2, transcript printed out, originally on rootsweb site for Smith County at http://files.usgwarchives.net/tx/smith/newspapers/, but not available on 22 Mar 2013.
  21. [S3503] "Remember The Day and Date," The Tyler Weekly Courier, n.p., 15 Jul 1882, online at http://files.usgwarchives.net/tx/smith/newspapers/misc/c15jul82.txt, accessed 22 Mar 2013.
  22. [S1611] Biog. Souvenir of Texas, page 768; courtesy of Vernon Drewa.
  23. [S3371] "United States, Deceased Physician Card File, 1864-1968," images, FamilySearch (http://familysearch.org/ark:/61903/3:1:3QS7-89QP-F6TM?i=661&wc=M6Y8-XMQ%3A353103201&cc=2061540 : 15 Sep 2012), data card for Quincy A. Shuford, under Shorow, Henry William-Simcoe, Geo W, images 662-663.
  24. [S2608] "TX Deaths , 1890-1976," FamilySearch, Q. A. Shuford, 26 Jun 1904; citing Tyler, Smith, Texas, reference v X cn 51005, State Registrar Office, Austin; FHL microfilm 2,050,091, accessed 7 Dec 2012. Reports him to have been 78 years, 1 month and 21 days old at time of his death.
  25. [S176] East Texas Genealogical Society. Cemetery Records of Smith County, Texas, I (Tyler: The East Texas Genealogical Society, 1981), page 38. Plot 4.
  26. [S230] Drewa. Email, dated 7 Aug 2007 containing an ahnentafel of Stephen W. Turner with this information.
  27. [S1611] Biog. Souvenir of Texas, pages 767-768.
  28. [S961] "1850 United States Federal Census," Catawba County, North Carolina, population schedule, Newton Township, dwelling 2, family 2, Q. A. Shuford household, digital images. ProQuest's HeritageQuest Online, formerly accessed through participating libraries. HeritageQuest moved their census data to Ancestry.com in 2015.
  29. [S68] "1860 United States Federal Census," Smith County, Texas, population schedule, Mt. Carmel Beat Township, dwelling 491, family 493, Q. A. Shuford household, digital images. ProQuest's HeritageQuest Online, formerly accessed through participating libraries. HeritageQuest moved their census data to Ancestry.com in 2015.
  30. [S672] "1870 United States Federal Census," St. Landry Parish, Louisiana, population schedule, Ward Five Township, Sheet 137 with a 29 written above, dwelling 210, family 210, R. A. Shuford household, digital images. ProQuest's HeritageQuest Online, formerly accessed through participating libraries. HeritageQuest moved their census data to Ancestry.com in 2015.
  31. [S677] "1880 United States Federal Census," Smith County, Texas, population schedule, Tyler Township, Enumeration District (ED) 94, Sheet 34, dwelling 330, family 358, Q A Shuford household, digital images. ProQuest's HeritageQuest Online, formerly accessed through participating libraries. HeritageQuest moved their census data to Ancestry.com in 2015.

Julia Ann Petty1,2

F, #437, b. 1830, d. 24 December 1893
FatherBenjamin Franklin Petty3,4,5 b. 4 Nov 1805, d. 1872
MotherCynthia Bryan3 b. c 1800, d. 1851

Family

Dr. Quincy Adams Shuford b. 4 Apr 1826, d. 26 Jun 1904
Child
Last Edited23 Nov 2020
     Julia Ann Petty was born in 1830, daughter of Benjamin Franklin Petty and Cynthia Bryan, in Wilkes County, North Carolina. The 1840 census indicates she was between the ages of 5 and 10; whereas the 1850 census indicates a birth date of c1828. The 1880 census indicates a year of birth of c1829. However, there is a white female under the age of 5 in Benjamin's household in the 1830 census, so Julia was probably born c1829.6,7,8,9,10
     Her surname also is spelled as Pettit.11

     Julia Ann Petty, 19 years, and Dr. Quincy Adams Shuford, 23, obtained a marriage bond on 23 May 1849 at Wilkes County, North Carolina, A/[ndw/] A. Scroggs was the bondsman with both he and Quincy Adams Shuford bonded in the amount of £500 current money (?)12,1,2

     Julia Ann Petty married Dr. Quincy Adams Shuford, son of John Jay Shuford and Catherine Corpening, after 23 May 1849 in Wilkesboro, Wilkes County, North Carolina. The marriage record was returned 9 Jun 1849.12,11,5

     On 14 August 1877, Julia was deposed at her home at Smith County, Texas, about the land at question after her father's death.13

     On 12 February 1882, the North Carolina Superior Court heard the case of R. F. Hackett et al vs. Quincey Shuford et al: This was a civil action brought by the plaintiffs against the defendants for the specific performance of a contract to convey a certain tract of land which their ancestor had covenanted upon a valuable consideration to convey to them.

     The following facts proved by the plaintiffs which are uncontradicted: In April 1858, Benjamin F. Petty contracted in writing to seel the locus ingres to R. F. Hackett and James W. Hackett for $2,700. J. W. Hackett agreed by ? to assign his interest to R. F. Hackett and R. F. Hackett assigned to J. F. Graves as trustee for the wife of R. F. Hackett. The whole of the purchase money was paid to Benjamin F. Petty. The Hacketts entered into the land at the time bond for title was made to them, and have been in possession ever since, but no deed was ever made by said Petty. The $2,700 was a full price for the land and the plaintiff had no notice at the time of the purchase of the defendants' alleged equity.

     Benjamin F. Petty died, intestate, in 1872, and the defendants ? took out letters of administration on his estate. The said Petty was married three times. His wife was Cynthia, the daughter of John Bryan, by whom he had ipero(?), the defendants, Julia intermarried with the defendant Quincy Shuford, Lucinda intermarried with defendant L. D. Parks, Laura intermarried with the defendant Henry Shuford, Joanna intermarried with defendant J. T. Portis, Adelia intermarried with the defendant F. S. Doughton, and a son named William now dead, who left surviving heirs three children of tender years whose Christian names are not known. The other heirs of the said B. F. Petty are defendants and his children by his other wives.

     The defence set ? by the defendants was that the land in question - known as the Gilbreth land, lying on the south side of the Yadkin River in the county of Wilkes - was purchased by B. F. Petty with money which was the separate property of his wife Cynthia and that under an agreement between Cynthia and himself that it should be invested in land, this land was purchased by said Petty and paid for with the money of Cynthia, but the title was take to the said B. F. Petty.

     The defendant with the view of sustaining his defence offered in evidence the last will and testament of John Bryan, deceased, the father of Cynthia Petty and grandfather of the defendants. The said Bryan in his will, among other things, devised and bequeathed as follows, to wit: "I give and bequeath to my decidedly beloved wife all my estate real and personal that is to say all my lands, negroes, money in hand, notes bonds deeds of trust farming utensils household and kitchen furniture and stock of every kind during her natural life and she may give any part of it to our children, as she pleases so that they have equal shares x x x x. My will is that my wife Nancy Bryan which I appoint to be sole executrix of this my last will and testament, shall have the sole disposal of my estate both real and personal as so to make an equal division as possible and do hereby authorise and empower her to disperse of and convey the same by deed or otherwise, in the manor heretofore directed and according to what is hereafter stipulated. x x x x My desire is that my land on the south side of the Yadkin River should not be divided but remain in one tract as I think that dividing it would hurt its value, and that is any of my children should wish to purchase it to live upon my other children should give them the preference."

     Nancy Bryan, appointed executrix in the said will, renounced the right to execute the same and John Rosseau was appointed administrator with the will annexed.

     On the 20th day of October 1847 all the lands belonging to the said John Bryan lying on the south side of the Yadkin River, consisting of about twelve hundred and six aces, were sold to William Parks for the sum of about six thousand dollars and a deed of conveyance for the same was executed to him by Elvira Martin, James M. Parks, Mary Parks, B. F. Petty, Cynthia Petty and Nancy Bryan. The execution of the deed was proved by one of the subscribing witnesses and the privy examination of Cynthia Petty was taken before two Justices of the Peace in the County of Wilkes by virtue of a commission issued to them for that purpose, from the County Court of said County.

     It was in proof that the proceeds of the sale of this land belonged, under the will of John Bryan to his four daughters, of whom Cynthia Petty was one. There was evidence going to show that her husband, B. F. Petty received into his possession her share of the proceeds of this sale amounting to some Sixteen hundred dollars.

     One Silver(?) Martin testified that John Bryan died in 1842. His land was sold in 1847 for $6,600. The money was considered the property of his four daughters - $1650 the amount due each. Mrs. Bryan died in 1847. B. F. Petty was living in 1847 on a tract of land worth $2000 or $3000, owned another tract - had a good many negroes before the death of John Bryan but had sold them before this. He kept a public house.

     Julia Shuford, one of the defendants and a witness in behalf the defendants, testified that she was the daughter of B. F. Petty and his wife Cynthia - that her father received a large sum of money, the amount not remembered, from the estate of John Bryan. She said she knew that B. F. Petty purchased the land in controversy with a portion of the same money. Her mother Cynthia Petty requested her father B. F. Petty to invest the money in the land, remarking that it would be of some benefit to her children, and B. F. Petty did so at the request of the said Cynthia. Her father B. F. Petty had no means of his own at the time of the purchase of the land, with which to buy the same. In a second deposition of this witness she said - she often heard her father and mother talk about it. The talk was to the effect that the money derived from the Bryan estate ought to be invested in land by my father for the benefit of the children. She was somewhere between 15 and 18 years old at that time.

     John Rosseau was examined as a witness for the defendants - He knew nothing about the money with which the land was purchased by Petty - but stated that Petty did not have the means of his own sufficient to enable him to pay for said land - for along about that time he had loaned him money. He had the character of being a close saving tight man.

     Jordan Petty, a colored witness, testified that he had heard of the sale of the Bryan land in the Fall and Col Petty came on one occasion and said he had got the money for his part of the land. The May after he heard a conversation between Col Petty his wife and daughters. The old lady said "You and the children want to run through all my money - I want you to take it and buy land to do me and the children some good."

     Peggy Rosseau (colored) was also examined by the defendants and stated she heard a between Col. Petty his wife and children a short time after the Bryan land was sold, about 30 odd years ago. Col. Petty came in - said he had the calico. The daughters wanted him to buy a center table - The old lady said you shant have either. I want my money put in land. He asked her what kind, and said, do you want my children to settle in this poor country - I want you to go and buy land with it. Not a year after I heard him talking with his wife about buying the Lenoir place. The conversation first mentioned might have been five months after sale of the Bryan land.

     In the "case on appeal" his Honor states that the defense made upon the trial was, that the locus in quo was purchased by B. F. Petty with money which was the separate property of his wife Cynthia, and that under an agreement between Cynthia and himself, that it should be invested in land, this land was purchased by said Petty and paid for with the money of said Cynthia but the title was taken to said Petty.

     After the evidence was all introduced, the Court intimated that in its opinion this defense was not made out by the evidence and further that if the facts alleged were proved they would not avail against the plaintiff's equity. Thereupon the defendants counsel stated that they had nothing to say in opposition to a verdict, excepting upon this defense. The jury thereupon rendered a verdict for plaintiffs and the defendants appealed.

     This narrows down the case on the appeal to the question, whether the land in controversy was bought by B. F. Petty with money which was the separate property of Cynthia his wife and if so, whether there was an agreement, at the time of his receiving the money, between him and Cynthia that it should be invested in this land, in controversy.

     There was certainly some evidence, sufficient, we think to be left to the jury, that the Gilbreth land was purchased by B. F. Petty with money which he had received from the sale of the lands belonging to the Bryan estate, in which his wife had an interest. But it does not follow that the money so received by her husband was her separate property. The land was sold and the deed was executed by B. F. Petty and his wife Cynthia, Nancy Bryan and others. The consideration was $6600, of which Cynthia's share was about $1600. This amount, it is insisted by the defendants, was paid to her husband Petty. Admitting that to be so, how did he hold it? - as trustee for his wife, or in his own right as husband by virtue of his marital rights? If the transaction had taken place since 1868 it may be that the money received would have been held by the husband in trust for his wife, as her separate estate. But this transaction occurred before the Constitution of 1868; and under the law, as we understand it to have then existed, when money was received by a husband from the sale of his wife's real estate, it belonged to the husband absolutely, unless at the time he received it, he promised the wife to repay it, and obtained possession of it upon the faith of such promise. In Plummer vs. Jarneau, 44 Md. 637, it was held that "the money arising from the sale of the wife's inheritance was not her separate estate, as it would be under the provisions of the Code, but, on the contrary, it was subject to the control of the husband by virtue of his marital rights - having attached, the money received by him was at his disposal absolutely and any mere promise that he may have made to his wife was purely voluntary and without consideration. In Lake vs. Shinghoff, 52 Md. 132, the Court held that money received by the husband from the wife's real estate before the Code, became the absolute property of the husband unless, at the time, he received it, he promised the wife to repay it, and obtained possession of it upon the faith of such promise. In this State, in the case of Temple vs. Williams, 4 ? Eq. 39, which was a bill in Equity for the conveyance of a tract of land - The Equity set ? in the bill was that the complainant was the owner in fee of a tract of land and her husband proposed that they should sell her land and invest in the purchase of another tract more desirable and take the deed in her name; - but the husband purchased the other land, with the proceeds of the sale of her land, and took the deed to himself, and died before conveying any part through to her. Chief Justice Ruffin, who delivered the opinion of the Court, said: - It is true that a husband and wife may in Equity deal with each other in respect to her inheritance; but it is extremely difficult to do so, with any security to her, without the intervention of a third person as trustee, because it is hard to tell, in many cases, whether she means to stand upon her separate rights, or to surrender them to him, and therefore where she and her husband turn her land into money, and she does not place her money in the hands of some third person for her, and as her separate property, but suffers the whole to be paid to him, the clearest proof is requisite to rebut the presumption, that it was paid to, and accepted by, the husband for himself and not as trustee for his wife." In Duke vs. Young, 70 N. C. 430, and Smith vs. Smith, Winston's Equity, 30, the Court came to different results from that reached in the above cited case, and gave relief to the wife, whose money arising from the sale of her land, which had been used by the husband in the purchase of other lands in his own name, but in each of these cases the equity of the complainants was put upon the ground of an express agreement between the husband and wife, that her land might be sold and the money invested in other her(?) lands for her benefit. In the former case, the agreement was that if the wife would join her husband in the conveyance of a tract of land descended to her from her father, he would convey to her another tract in lieu of the one conveyed. In the latter, the agreement was that the wife would consent to the sale of land held in her own right, upon her husband's agreeing that he would convey to her, as a consideration for her land, another tract or slaves of equal value with her land, or in some other way secure her from loss.

     In putting the relief granted in these cases upon the ground of the agreement, between the husband and wife, these decisions sustain the opinion of C. J. Ruffin in the case of Temple vs. Williams, supra, if the legal opinions of so great a jurist could ever need support.

     But our case is distinguished from those cited, in the particular, that there was here no evidence of any agreement between B. F. Petty and his wife Cynthia at or before the time he received her money, that he would invest it in other lands. The proof falls short of establishing any such agreement. Taking the testimony of Julia Shuford, which is the strongest evidence offered by the defendants in regard to the use of the money received by B. F. Petty from the Bryan estate, and it tended only to prove the fact that the money received by her father was invested in the purchase of the Gilbreth land. She speaks of no agreement but "that her mother, Cynthia Petty, requested her father, B. F. Petty, to invest the money in the land, remarking that it would be of some benefit to her children."

     The colored witness Jordan testified to no agreement, but that he heard a conversation between Col. B. F. Petty and his wife and daughters, and the wife said to her husband, "You and the children want to run through all my money. I want you to take it and buy land to do me and the children some good." The testimony of Petty Rosseau is not more to the point. She states that some time after the Bryan land was sold, about thirty years ago, she heard the old lady say "I want any land put in land - her husband asked her what kind; do you want my children to settle in this poor country - I want you to go and buy land with it."

     This is the substance of the testimony offered upon this point, and, in our opinion, it does not tend to prove an agreement between B. F. Petty and his wife, at or before the time of receiving the money, that he should invest it in land for her benefit. She requested that the money should be invested in other land, just as she might have done if the money had belonged to her husband in his own right. She wished land bought, that it might be of benefit to her and her children. No wish was expressed that the land should be purchased in her name. The money was invested in the land in the name of the husband - the purchased enured to the benefit of herself and children. It is to be presumed she was satisfied with it, as no complaint was made by her. The land was afterwards sold for a price considerably in advance of the amount paid by Petty for it. He and his children reaped the benefits and they have acquiesced in the transaction for thirty-five years.

     We concur with his Honor that there was no evidence to be left to the jury in support of the defense set ? by the defendants.

     We have not considered other positions taken and argued in this Court by the defendants, as it appears, from the "statement of the case", the sole defense in the Court below, rested upon the facts, that the money used by B. F. Petty in the purchase of the land in question, was the separate estate of his wife Cynthia, and an agreement between them that it should be invested in this land for her benefit. Nor have we taken into our consideration other respective rights of the plaintiffs inter sese, in the land in controversy. That is a matter to be ? of upon a reference for that purpose.

     There is no error in the judgment of the Superior Court. The case is remanded to that Court that that further proceedings may be hand in conformity to this opinion.
No error. Affirmed.14

     Julia Ann Shuford died on 24 December 1893 in Tyler, Smith County, Texas,15 and was buried in Oakwood Cemetery, Tyler, Smith County, Texas.16,17

Census and Occupation

DateEnumeration and OccupationLocation
1830probably as the one white female under the age of 5 in her father's householdWilkes County, North Carolina9
185021 years of ageNewton Township, Catawba County, North Carolina18
186031 years of age. Her 21-year old brother, L. F. Petty, is living with them. His occupation is said to be merchant, worth $7,000 (worth $176,294.55 in 2012 dollars)Mt. Carmel PO, Smith County, Texas19
187043 years of ageBayou Chicot PO, St. Landry Parish, Louisiana20
1880as J A and 51 years of ageTyler, Smith County, Texas8

Citations

  1. [S3105] Genealogical Society of Utah, compiler. Wilkes County, North Carolina Marriage Bonds (Salt Lake City: Genealogical Society of Utah, 1942), page 224.
  2. [S2989] "North Carolina, County Marriages, 1762-1979," index and images, The Church of Jesus Christ of Latter-day Saints, (FamilySearch: https://familysearch.org/ark:/61903/1:1:XF9T-Y9C, entry for Quincey Adams Shuford and Julia Ann Petty, 23 May 1849; citing Wilkes, North Carolina, United States, p. , Office of Archives and History, Division of Archives and Records. State Archive of North Carolina and various county Register of Deeds; FHL microfilm 546,480, accessed 15 Dec 2012).
  3. [S2980] Absher, Mrs. W. O., compiler. The Heritage of Wilkes County 1982 (Winston-Salem: The Wilkes Genealogical Society, Incorporated, 1982), The Petty Family, #915, page 383. . Eleanor Parks Elam wrote the biographical material on the Petty Family, citing Happy Valley, by Felix Hickerson.
  4. [S2986] Pettey, Harry, Medlin, Dorothy and Parks, Vivian. The Pettey's of East Texs (Longview: H.P., n.d.), page 48.
  5. [S3122] Wilkes County, North Carolina Estate Records, 1777-1945: Parlier -Prevett (cont.), FHL Film 2,317,730, Microreproduction of originals housed in the North Carolina State Archives Division of Archives and History in Raleigh, North Carolina, B. F. Petty estate administration file (1885), microfilm frames 974-976 list the heirs-at-law.
  6. [S961] "1850 United States Federal Census," Chatham County, North Carolina, population schedule, dwelling 3, family 3, James Petty household, digital images. ProQuest's HeritageQuest Online, formerly accessed through participating libraries. HeritageQuest moved their census data to Ancestry.com in 2015.
  7. [S1026] "1840 United States Federal Census," Wilkes County, North Carolina, Roll 373, page 106, line 31, Benjamin F. Petty household, digital image, citing National Archives microfilm M704. ProQuest's HeritageQuest Online, formerly accessed through participating libraries. HeritageQuest moved their census data to Ancestry.com in 2015.
  8. [S677] "1880 United States Federal Census," Smith County, Texas, population schedule, Tyler Township, Enumeration District (ED) 94, Sheet 34, dwelling 330, family 358, Q A Shuford household, digital images. ProQuest's HeritageQuest Online, formerly accessed through participating libraries. HeritageQuest moved their census data to Ancestry.com in 2015.
  9. [S683] "1830 United States Federal Census," Wilkes County, North Carolina, Roll 125, page 348A, image 30, line 17, Benjamin F. Petty household, digital image, citing National Archives microfilm M19. ProQuest's HeritageQuest Online, formerly accessed through participating libraries. HeritageQuest moved their census data to Ancestry.com in 2015.
  10. [S2986] Pettey, Medlin and Parks, Pettey's of East TX, page 48, citing family bible for date of birth.
  11. [S2636] Broughton, Carrie J., compiler. Marriage and Death Notices In Raleigh Register and North Carolina State Gazette, 1846-1855 (Raleigh: State of North Carolina, 1948), page 451; accessed 5 Jul 2010.
  12. [S2545] Ingmire, Frances T., compiler. Wilkes County North Carolina Marriage Records 1779-1868 (Athens: Iberian Publishing Company, 1996), Grooms, page 00083.
  13. [S5764] "North Carollina Wills and Probate Records, 1665-1998," index and images, Ancestry.com (Provo, Utah: accessed 22 Nov 2020, entry for B F Petty, 1876, Wilkes County, Case No. 436, images 1010-1027, images 9364, 9427-9431; citing original data from the North Carolina Secretary of State, .
  14. [S5764] "NC Wills & Probate, 1665-1998," index and images, Ancestry.com, entry for B F Petty, 1876, Wilkes County, Case No. 436, images 1010-1027, images 9211-9458 of 27913. This is an incredibly complicated file.
  15. [S230] Drewa, Vernon, "Email, Vernon Drewa," e-mail message from e-mail address to Toby Turner, this date is from a Memoriam about Dr. Quincy Adams Shuford found pasted in the scrapbook of Neal Waskom Turner and sent to me.
  16. [S176] East Texas Genealogical Society. Cemetery Records of Smith County, Texas, I (Tyler: The East Texas Genealogical Society, 1981), page 38. Plot 4.
  17. [S2702] Find A Grave. Database and images; accessed 26 Sep 2012, memorial page for Julia Ann Petty Shuford (1830-1893) at memorial page... Maintained by Tyler; citing Oakwood Cemetery, Tyler, Smith County, Texas.
  18. [S961] "1850 United States Federal Census," Catawba County, North Carolina, pop. sch., Newton Township, dwell. 2, fam. 2, Q. A. Shuford, household , Roll 624, page 264.
  19. [S68] "1860 United States Federal Census," Smith County, Texas, population schedule, Mt. Carmel Beat Township, dwelling 491, family 493, Q. A. Shuford household, digital images. ProQuest's HeritageQuest Online, formerly accessed through participating libraries. HeritageQuest moved their census data to Ancestry.com in 2015.
  20. [S672] "1870 United States Federal Census," St. Landry Parish, Louisiana, population schedule, Ward Five Township, Sheet 137 with a 29 written above, dwelling 210, family 210, R. A. Shuford household, digital images. ProQuest's HeritageQuest Online, formerly accessed through participating libraries. HeritageQuest moved their census data to Ancestry.com in 2015.
  21. [S2702] Find A Grave. Memorial page for Dora Anna Shuford Turner (1850-1916) at memorial page....

John Jay Shuford1

M, #438, b. 2 January 1792, d. before 28 January 1873
FatherJacob Shuford2 b. 12 Feb 1770, d. 1 Apr 1844
MotherMargaret Costner Hoyle b. 28 Jun 1769, d. 24 Jun 1840
John Jay Shuford
(from Find A Grave)

Family 1

Elizabeth Wilfong b. 23 Aug 1795, d. 27 Oct 1816

Family 2

Catherine Corpening b. 10 Jan 1791, d. 13 Apr 1868
Child
Last Edited27 Aug 2020
     John Jay Shuford was born on 2 January 1792, son of Jacob Shuford and Margaret Costner Hoyle, in North Carolina. He is reported to have been born in Catawba County, but with no documentary proof.1,3
     He also is reported to have been born circa 16 January 1792 in North Carolina. Date of birth calculated from his age at time of death.4

     John Jay, 22, married Elizabeth Wilfong, 19 on 3 October 1814. Despite diligent searches, I cannot find a marriage bond for them on FamilySearch or Ancestry.com. They may have been married by bann the record of which would have been kept by the church.1,5

     John Jay, 24 years, married Catherine Corpening, 25 years, daughter of Albert Abraham Corpening and Barbara Probst, in 1817. He is described as "of Catawba County." Despite diligent searches, I cannot find a marriage bond for them on FamilySearch or Ancestry.com. They may have been married by bann the record of which would have been kept by the church.6,7,8

     On 20 March 1843, he is named in his father's will of this date.2

     Circa 1854, he learned there was gold on his land. The unsubstantiated story is as follows: "A black man (slave) went to chop up some wood from a fallen tree. He found uggets where the tree had fallen and uprooted itself. Shuford gave him his freedom on the spot for finding the gold."9

     Another legend regarding the mine was told by the late Greene Lee McCombs of Conover, North Carolina, who was once a superintendent of operations there. He believed his legend to be the most reliable story . . . "The story goes that a group had been prospecting on the old Shuford place where the gold was found for some time. One night as a crew was heading home, an old darkie hesitated at a big overturned tree. They say he filled his pan with dirt and carried it home. He found a slew of little nuggets."10

     On 1 January 1866, A. D. Shuford, grandson of J. J. and his wife, was contracted to nurse both J. J. and his wife (who was entirely helpless) for the sum of $250 per year. He apparently did so for the years 1866 through March 1873 when J. J. died. Evidently, he was not paid for his services, but there is disagreement over this. The case is difficult to understand, but it seems as if, perhaps, J. J. assumed some of A. D.'s debts and had conversations with P. C. about not paying the stated amounts.11

     John Jay Shuford died before 28 January 1873 in Catawba County, North Carolina,4,12 and was buried in Hopewell United Methodist Church Cemetery, Sherrills Ford, Catawba County, North Carolina.
     The inscription reads:
     "81 yrs 2 months 4 days"

     Find A Grave says he died 20 Mar 1873 which is impossible if his estate administration was begun on 28 Jan 1873!4

     His estate was administered on 28 January 1873 in Catawba County, North Carolina. He died intestate because I found a file for J. J. Shuford in the Catawba County Estate Files. The file contains only evidence that J. J. died owing some money which was collected. The first (1878) states he was deceased before 28 Jan 1873 which conflicts with the date I have from his tombstone. P. C. Shuford appears to have acted as administrator in the two cases in this file. In the J. J. Shuford (1884) file it is hard to understand what the problem is. It includes a document dated Fall Term 1884 with P. C. Shuford as administrator of J. J. Shuford decd versus A. D. Shuford. Apparently a judgement was brought against A. D. Shuford in the Spring Term 1884 Court. J. J. Shuford was the grandfather of A. D. Shuford.12,11

     On 18 April 1874, P. C. Shuford was appointed and qualified as Administrator of his father's estate in Catawba County, North Carolina. In the documents within both estate files (1874 and 1884), no mention is made of John Jay's other children.12,11

Census and Occupation

DateEnumeration and OccupationLocation
185056 years of age. Also living in his household were: Albert Corpenning, age 28; Eliza Corpenning, age 28; and Cammilla Corpenning, age 2. Where is Catherine, his wifeNewton Township, Catawba County, North Carolina13
Blacksmith13
1860as John J. and is 68 years of ageMountain Creek PO, Catawba County, North Carolina3
Farmer, with real estate valued at $10,125 (worth $254,997.47 in 2012 dollars) and personal estate valued at $19,000 (worth $478,513.78 in 2012 dollars)3
1870as John P., 78 years of age, and living in the household of a Avery Shuford who is 24 years of ageMountain Creek Township, Sherrills Ford PO, Catawba County, North Carolina14
Farmer with real estate valued at $1,200 (worth $21,467.56 in 2012 dollars) and personal estate valued at $400 (worth $7,155.85 in 2012 dollars)14

Citations

  1. [S469] Shuford, David Wilson. Origins Of The Shuford Family in America (Baltimore: Gateway Press, Inc., 1998), page 71.
  2. [S3177] "North Carolina Probate Records, 1735-1970, " images, The Church of Jesus Christ of Latter-day Saints, FamilySearch ( https://familysearch.org/ark:/61903/3:1:939N-Z434-GB?mode=g&i=24&wc=32LN-MNR%3A169765501%2C169765502&cc=1867501 ), Jacob Shuford, 1846; citing Catawba County Wills, 1843-1868, Vol. 1, images 23-25 of 277 (pages 43-47): accessed 11 Feb 2011.
  3. [S68] "1860 United States Federal Census," Catawba County, North Carolina, population schedule, dwelling 1240, family 1219, John J. Shuford household, digital images. ProQuest's HeritageQuest Online, formerly accessed through participating libraries. HeritageQuest moved their census data to Ancestry.com in 2015.
  4. [S2702] Find A Grave. Database and images; accessed 21 Feb 2011, memorial page for John J Shuford (1792-1873) at memorial page..., photograph of grave by Mike Huffstetler, maintained by Mike Huffstetler; citing Hopewell United Methodist Church Cemetery, Sherrills Ford, Catawba County, North Carolina.
  5. [S2702] Find A Grave. Memorial page for Elizabeth Wilfong Shuford (1795-1816) at memorial page....
  6. [S469] Shuford. Origins Of The Shuford Family, page 72.
  7. [S2816] Burke County Historical Society. The Heritage of Burke County, North Carolina (n.p.: B. C. H. S., 1981), page 150.
  8. [S2806] "Brobst Family Historical Registry", contributed by Art Holmes, email at e-mail address, cannot be reached directly from a link, Tree ID 618738, site verified as active 4 Jun 2019. This site has proven accurate for the verifications I have done. I cannot supply a direct link to individuals thanks to a recent change by Rootsweb. Go to https://wc.rootsweb.com and input the tree number. Then you have to search for each person in the index which is ricidulous, but that's what the situation is as of Aug 2020.
  9. [S3397] Sherrill, Elizabeth Bray. The Shuford Gold Mine (Sherills Ford: E. B. S., 1991), page 13, citing an interview with Bill Kirksey (current land owner), 8 Jan 1990 in Catawba, North Carolina.
  10. [S3397] Sherrill. Shuford Gold Mine, page 13, citing Hickory Daily Record, "Old Shuford Gold Mine Property Sold." No date of publication of newspaper..
  11. [S2990] "North Carolina, Estate Files, 1663-1979, " index and images, FamilySearch (https://familysearch.org/ark:/61903/3:2:VH6X-X6S : accessed 27 Aug 2011), J J Shuford, 1884; citing Catawba County, Probate, Book S, images 1-30 of 30, FHL microfilm 1,728,648.
  12. [S2990] "NC Estate Files, 1663-1979," FamilySearch, J J Shuford, 1878; citing Catawba County, Probate, Book S, images 1-5 of 5, FHL microfilm 1,728,648 at https://familysearch.org/ark:/61903/3:2:VH6X-X69, accessed 27 Aug 2011.
  13. [S961] "1850 United States Federal Census," Catawba County, North Carolina, population schedule, Newton Township, dwelling 1036, family 1036, John Shuford household, digital images. ProQuest's HeritageQuest Online, formerly accessed through participating libraries. HeritageQuest moved their census data to Ancestry.com in 2015.
  14. [S672] "1870 United States Federal Census," Catawba County, North Carolina, population schedule, Mountain Creek Township, dwelling 176, family 178, Avery Shuford household, digital images. ProQuest's HeritageQuest Online, formerly accessed through participating libraries. HeritageQuest moved their census data to Ancestry.com in 2015.
  15. [S1611] Biographical Souvenir of The State of Texas 1889 (Chicago: F. A. Battery and Company, 1889), now available online at http://www.txfannin.org/booksonline.php , courtesy of Vernon Drewa.
  16. [S3397] Sherrill. Shuford Gold Mine, page 11.
  17. [S3398] Shuford, Rev. Julius H.. A Historical Sketch of The Shuford Family (Hickory, North Carolina: A. L. Crouse & Son, Printers, 1901), page 14.

Catherine Corpening1,2,3

F, #439, b. 10 January 1791, d. 13 April 1868
FatherAlbert Abraham Corpening4,3,2 b. 16 Mar 1747, d. 30 Oct 1827
MotherBarbara Probst3,2 b. 1 Feb 1754, d. c 1829

Family

John Jay Shuford b. 2 Jan 1792, d. b 28 Jan 1873
Child
Last Edited27 Aug 2020
     Catherine Corpening was born on 10 January 1791, daughter of Albert Abraham Corpening and Barbara Probst.5,2
     She also is reported to have been born on 10 June 1791 in North Carolina.6,3

     Catherine, 25 years, married John Jay Shuford, 24 years, son of Jacob Shuford and Margaret Costner Hoyle, in 1817. He is described as "of Catawba County." Despite diligent searches, I cannot find a marriage bond for them on FamilySearch or Ancestry.com. They may have been married by bann the record of which would have been kept by the church.1,6,3

     She was a member of the Dutch Reformed Church in Smyrna, Catawba County, North Carolina.5

     Catherine Shuford died on 13 April 1868 at age 77 in Catawba County, North Carolina,1,6,2 and was buried in Hopewell United Methodist Church Cemetery, Sherrills Ford, Catawba County, North Carolina.
     Hopewell Methodist and the Smyrna Dutch Reformed Church shared buildings at one time.2,5

Census and Occupation

DateEnumeration and OccupationLocation
186069 years of ageMountain Creek PO, Catawba County, North Carolina7

Citations

  1. [S469] Shuford, David Wilson. Origins Of The Shuford Family in America (Baltimore: Gateway Press, Inc., 1998), page 72.
  2. [S2702] Find A Grave. Database and images; accessed 21 Feb 2011, memorial page for Catherine Corpening Shuford (1791-1868) at memorial page..., photograph of grave by Mike Huffstetler, maintained by Mike Huffstetler; citing Hopewell United Methodist Church Cemetery, Sherrills Ford, Catawba County, North Carolina.
  3. [S2806] "Brobst Family Historical Registry", contributed by Art Holmes, email at e-mail address, cannot be reached directly from a link, Tree ID 618738, site verified as active 4 Jun 2019. This site has proven accurate for the verifications I have done. I cannot supply a direct link to individuals thanks to a recent change by Rootsweb. Go to https://wc.rootsweb.com and input the tree number. Then you have to search for each person in the index which is ricidulous, but that's what the situation is as of Aug 2020.
  4. [S1611] Biographical Souvenir of The State of Texas 1889 (Chicago: F. A. Battery and Company, 1889), now available online at http://www.txfannin.org/booksonline.php , courtesy of Vernon Drewa.
  5. [S3397] Sherrill, Elizabeth Bray. The Shuford Gold Mine (Sherills Ford: E. B. S., 1991), page 11.
  6. [S2816] Burke County Historical Society. The Heritage of Burke County, North Carolina (n.p.: B. C. H. S., 1981), page 150.
  7. [S68] "1860 United States Federal Census," Catawba County, North Carolina, population schedule, dwelling 1240, family 1219, John J. Shuford household, digital images. ProQuest's HeritageQuest Online, formerly accessed through participating libraries. HeritageQuest moved their census data to Ancestry.com in 2015.

Elizabeth Wilfong1,2

F, #440, b. 23 August 1795, d. 27 October 1816

Family

John Jay Shuford b. 2 Jan 1792, d. b 28 Jan 1873
Last Edited27 Aug 2020
     Elizabeth Wilfong was born on 23 August 1795.2

     Elizabeth, 19, married John Jay Shuford, 22, son of Jacob Shuford and Margaret Costner Hoyle, on 3 October 1814. Despite diligent searches, I cannot find a marriage bond for them on FamilySearch or Ancestry.com. They may have been married by bann the record of which would have been kept by the church.1,2

     Elizabeth Shuford died on 27 October 1816 at age 21 in Catawba County, North Carolina,2 and was buried in Old Saint Paul's Lutheran Church Cemetery, Newton, Catawba County, North Carolina.2

Citations

  1. [S469] Shuford, David Wilson. Origins Of The Shuford Family in America (Baltimore: Gateway Press, Inc., 1998), page 71.
  2. [S2702] Find A Grave. Database and images; accessed 21 Feb 2011, memorial page for Elizabeth Wilfong Shuford (1795-1816) at memorial page... Maintained by Neal Wilfong; citing Old St Paul's Lutheran Church Cemetery, Newton, Catawba County, North Carolina.