Peyton Randolph Payne1,2

M, #1060, b. circa 1877
Relationship3rd great-grandson of Terisha Turner
FatherThomas Joseph Payne3 b. 24 Sep 1825, d. 5 Oct 1897
MotherMary Ann Skillern3 b. 27 Nov 1837, d. 30 May 1892

Family

Sallie Emmerson b. c 1878
Last Edited25 Jun 2019
     Peyton Randolph Payne was born circa 1877, son of Thomas Joseph Payne and Mary Ann Skillern, in Arkansas.3,4

     Peyton Randolph Payne and Sallie Emmerson obtained a marriage license on 23 January 1901 in Lonoke County, Arkansas.2

     Peyton Randolph Payne married Sallie Emmerson on 27 January 1901 in Lonoke County, Arkansas.2

     Peyton Randolph Payne died.
     Find A Grave does not have a burial listing for him as of 3 Feb 2019.

Census and Occupation

DateEnumeration and OccupationLocation
1880as Paton and 3 years of ageCaroline Township, Lonoke County, Arkansas3

Citations

  1. Randolph comes from a defunct, but well- documented, website.
  2. [S2174] "Arkansas, County Marriages, 1837-1957," index and some images, The Church of Jesus Christ of Latter-day Saints, (FamilySearch: https://familysearch.org/ark:/61903/1:1:FQY3-F8X, entry for Peyton R. Payne and Sallie Emmerson, 27 Jan 1901; citing , Lonoke, Arkansas, United States, county offices, Arkansas; FHL microfilm 495,023, accessed 27 Jul 2016).
  3. [S5497] "United States 1880 Federal Census," index and images, The Church of Jesus Christ of Latter-day Saints, (FamilySearch: https://familysearch.org/ark:/61903/1:1:MNW6-NFZ ), entry for Tom Payne household, 1880, Caroline, Lonoke, Arkansas, United States; citing enumeration district ED 186, sheet 354D, household 88, NARA microfilm publication T9 (Washington, D.C.: National Archives and Records Administration, n.d.); FHL microfilm 1,254,050, accessed 27 Jul 2016.
  4. [S2174] "Arkansas Co. Marriages, 1837-1957," The Church of Jesus Christ of Latter-day Saints, FamilySearch ( https://familysearch.org/ark:/61903/1:1:FQY3-F8X, Peyton R. Payne and Sallie Emmerson, 27 Jan 1901; citing , Lonoke, Arkansas, United States, county offices, Arkansas; FHL microfilm 495,023, accessed 27 Jul 2016). Indicates a birth year of c1876.

Peyton Randolph Payne1

M, #18500, b. after 1830
Relationship2nd great-grandson of Terisha Turner
FatherSimpson Payne1 b. 14 Nov 1790, d. 17 Jan 1873
MotherElizabeth Turner1 b. 1800, d. b 1880
ChartsDescendant Chart (Box)
Last Edited15 Feb 2021
     Peyton Randolph Payne was born after 1830, son of Simpson Payne and Elizabeth Turner.1

     On 21 September 1850, he was not enumerated with his family.2

     On 14 April 1866, he is not named in his father's will of this date.3

Citations

  1. [S3548] "Simpson Payne", contributed by Jerald Wilson, online at http://tngenweb.org/sumner/fasimpa.htm , website address verified 19 Jun 2019.
  2. [S5499] "1850 United States Federal Census," index and images, The Church of Jesus Christ of Latter-day Saints, (FamilySearch: https://familysearch.org/ark:/61903/1:1:M4L6-ZFD ), entry for Simpson Payne household, 1850, Marshall county, southern division, Marshall, Mississippi, United States; citing no page number, family 228, NARA microfilm publication M432 (Washington, D.C.: National Archives and Records Administration, n.d.); FHL microfilm 443,589, accessed 1 Jul 2016.
  3. [S6457] "Will of Simpson Payne", contributed by n/a/, online at http://files.usgwarchives.net/ms/marshall/wills/p5000001.txt , website address verified 15 Feb 2021.

Simpson Payne1

M, #317, b. 14 November 1790, d. 17 January 1873
FatherJohn Payne2 b. 1 Mar 1754, d. 14 Sep 1839
ChartsDescendant Chart (Box)

Family 1

Elizabeth Searcy Green d. 4 Oct 1819

Family 2

Elizabeth Turner b. 1800, d. b 1880
Children
Last Edited15 Feb 2021
     Simpson Payne was born on 14 November 1790, son of John Payne, in Botetourt County, Virginia. I'm not certain he was born in Virginia, but the bible record does not say where John's children were born.1,2

     On 23 September 1809, he was commissioned as a Lieutenant, 15th Sumner County, Tennessee, Regiment.3

     The cited source suggests that Simpson first married a Nancy Briley who might have been Susan's mother.1

     He performed his Military Service between 29 July 1813 and 15 June 1815 served in the Thirty-Ninth Regiment of the Army during the War of 1812.
In History of Tennessee by Goodspeed, 1887, the chapter "Military History of East Tennessee" makes these comments about the War of 1812:
"As the various wars and campaigned in which men from East Tennessee have participated have been duly mentioned in other portions of this work only a more detailed account of some of the troops engaged is here given. During the creek war of 1814-14 the East Tennessee militia, led by Gens. John Cocke and James White, took an active part and did good service. Every county which had then been formed furnished its full quota of men. The first regiment organized consisted of three-months' mounted volunteers, commanded by Col. John Williams, of Knoxville. It was mustered into service on December 1, 1812 and served until the following March. At the expiration of this service Col. Williams received a commission from the President to raise the Thirty ninth Regiment of United States Infantry, for service against the British. He accordingly began the work of recruiting, and on July 29, 1813, a regiment of 600 men was organized at Knoxville. The officers, as taken from the army registers were as follows:
Colonel . . .
Lieutenant Colonel . . .
Majors . . . .
Captains . . . .
First Lieutenants . . . .
Second Lieutenants . . . Simpson Payne . . .
Third Lieutenants . . . .

     While Col. Williams was waiting orders to march to the field, his brother-in-law, Judge Hugh L. White, returned from a visit to Gen. Jackson's headquarters in the Creek Nation. He had found the General in great need of re-enforcement, and he appealed to Col. Williams to go to his relief. The colonel was at last persuaded, and, waiting only long enough to communicate his intentions to the war department, started at once for the Indian Nation, where he arrived in time to participate in the battle of the horseshoe. In that engagement Maj. Montgomery, the son of one of the first settlers in Campbell County, was the first man to leap upon the works of the enemy, and was immediately killed. The regiment continued in the service until June 15, 1815, when it was disbanded at Knoxville. A remarkable fact connected with this command, is that it contained three men, who were afterward to become United States senators: John Williams, Thomas H. Benton and Samuel Houston; the last two for many years were among the most conspicuous figures in American politics."

     Simpson Payne's declaration of service, dated 12 Dec. 1850, when he applied for the grant of land, states he is 60 years old at the time. He did not follow through with the pension application and never received money from the government.1

     Simpson Payne, 26, married Elizabeth Searcy Green on 13 October 1817 in Sumner County, Tennessee.1,4

     Simpson Payne and Elizabeth Turner obtained a marriage bond on 21 September 1824 in Sumner County, Tennessee, with Charles Morgan as bondsman.5,6,7

     Simpson Payne, 33, married Elizabeth Turner, daughter of James J. Turner Jr. and Lucy Ham, on 23 September 1824 in Sumner County, Tennessee, with Rev. T. Edwards officiating at the ceremony.1

     On 10 February 1834, Stephen H. Turner, Samuel R. Turner (?), and John H. Turner conveyed to Simpson and Elizabeth Payne 235 acres on the waters of N. Fork of the Red River for $800. Also another tract containing 38 acres Registered 18 Sep 1834 in Sumner County, Tennessee.8

     On 10 February 1834, Stephen H. Turner, Samuel R. Turner (?), John H. Turner and Simpson and Elizabeth Payne conveyed to Seaton H. Turner 235 acres on the N. Fork of Red River for $800. Registered 11 Dec 1834 in Sumner County, Tennessee.9

     On 3 August 1834, Stephen H. Turner, Samuel R. Turner (?), Seaton H. Turner and John H. Turner conveyed to Simpson and Elizabeth Payne 94 acres on the waters of N. Fork of the Red River for $400. Also another tract containing 38 acres which was registered 22 Aug 1834 in Sumner County, Tennessee.10

     On 14 October 1834, Samuel R. Turner (?), Seaton H. Turner, and Simpson and Elizabeth Payne conveyed to Stephen H. Turner 226 acres for $500. Registered 28 Feb 1839 in Sumner County, Tennessee.11

     On 12 November 1836, he moved with Elizabeth Turner Payne to Marshall County, Mississippi.1

     On 28 January 1848, the Estate Settlement (Estate #689) for Lucy Ham Turner used to be available online at //members.aol.com/jogt/turnerly.htm. However, nothing on this site can be accessed as of 10 Oct 2009. The estate was settled on January 28, 1848, at which time Seaton H. Turner was deceased.

     The following is a copy I downloaded from the Thiessen site:
Sumner County, TN
Estate #689
Lucy Ham Turner
     We the undersigned being called by the Legatees of the Estate of Lucy Turner Decd to sep apart and lot the negroes of said Estate we have proceded to the same and find that each legatee is entitled to one thousand forty three dollars 75 cents.
     We have allotted to S. H. Turner the following negroes (viz) Bon $100, Lucy of Hannah at $650 London $350 Making in all $1100.
     We have set apart to Simpson Payne () Mariah at $525 & Lewis at $450 Making $975.
     We have set apart to the heirs of Seaton H. Turner Charles te at $525 & Jourdon at $500 Making $1025.
     We have set apart to Johnetta Turner heir of John Turner () Joseph at $675 Celia at $225 Sarah at $175 Making $1075.
     We say that S.H. Turner pay to Simpson Payne $56.85? and that S.R. Anderson guardian of Johnetta Turner pay the said S. Payne $12.50 to Make said Payne shear of negroes to an equal shear and that S. R. Anderson Guardian as aforesaid pay the Heirs of Seaton H. Turner $18.75 being what the negroes lack of being their shear this 28th day of January 1848.
Josiah Walton
D. E. Brooke
Daniel Mulloy
Benj. Roney

     We agree to and confirm this the division as dated, herewith, and have paid and .... the negroes & money as specified Give .... our hand this 28 Jany 1848.
S. R. Anderson Guardian of Johnetta Turner
Simpson Payne
James Douglass
A. G. Douglass
W. D. Payne
S. H. Turner
attest
Josiah Walton
Benj. Roney

     A large part of the third page is illegible. It looks as if the opposite page was blotted onto it, or writing was put on the back and bled through. This transcription begins with the fourth line: Mrs. Lucy Turner, deceased ........ Stephen H. Turner......W. D. Payne who married Eliza ..daughter of Seaton H. Turner deceased & A. G. Douglass who married Dorothy Turner who was the daughter of the said Seaton H. Turner, Simpson Payne who married the daughter of the said Lucy Turner dcd Elizabeth - and Samuel R. Anderson who is the guardian of Johnetta Turner, the daughter of John J. Turner decd. the son of the said Lucy Turner decd. Witness to that the said do ....... above named attest this day agreed and ............ Daniel Mulloy, Joseph Walton, Benjamin Roney and Dudley E. Brooks, to value and divide equally among them as the heirs of the said Lucy Turner deceased the negroes the property of the said Lucy Turner as described Except Bon, who we have agreed that said slave shall be the property of S. H. Turner for the sum of one hundred dollars. And further agree and make ...... the said Stephen H. Turner is to ................ the hands of his wife Mc having awarded and in making to carry out the will and .... desires ...........of the decd. lady. Given under our hands and .... this 28th day of January 1846.
S. H. Turner (Seal)
W. D. Payne
A. G. Douglass by James Douglass
Simpson Payne [al ? - he was in Mississippi so could not sign]
S. R. Anderson (Seal)
Guardian of Johnetta Turner

     I have not found this in the online inventory/property settlement file at FamilySearch online records after going through the Sumner County, Tennessee Probate Inventories, Settlements, 1836-1861 book! There is a break in this microfilm in that one Inventories and Settlement book ends in 1847, but the next one begins in 1857 even though it states that it coveres May 1857 to Jun 1861. I have no explanation as of 24 Jun 2019.12

     On 28 December 1850, he received a land grant listed for Chulakoua, Miss. #37907 for Dec 28/50 - 160 acres, Lot (?16)466. The record of the land grant is in Vol. 59, page 66.

     Simpson Payne left a will dated on 14 April 1866 in Marshall County, Mississippi. In the name of God Amen!
I Simpson Payne: being of sound mind and conscious of the certainty
of death, do make this my last will and testament, hereby revoking
all others.
Art 1st - It is my will that all my just debts shall be first paid
out of such property or lands as my executrix shall see fit or proper.
Article 2nd - Having heretofore given and conveyed to my son Thomas
J. Payne, to Susan S. Spinks and the heirs of her body, to Adaline D.
Bates and the heirs of her body, and to Mary E. Skelton and the heirs
of her body, as much property as my means would justify (in consideration
of the wants of my minor children to be hereafter mentioned) I bequeath
to the said Thomas J. Payne, the heirs of Susan S. Spinks, the heirs of
Adaline D. Bates and to Mary E. Skelton and her heirs
a father's love
blessing knowing that they will attribute the unsubstantial nature of
this bequest to recent unavoidable losses in property.
Article 3rd - It is my will that all the property in my possession
consisting of eight hundred and twenty acres (being that upon which I
at present reside) of land, all the stock, provisions, farming utensils,
household and kitchen furniture, and all other property that I may be
possessed of shall be held together under the Guardianship of my wife
Elizabeth Payne
and that my minor children to wit John S., James T.,
and Lucy H. Payne
shall receive a liberal English Education out of
the proceeds of the Estate and I hereby authorize and empower my wife,
Elizabeth Payne, to sell such property of lands as may be necessary
to carry out the foregoing.
Article 4th - It is my will that my wife Elizabeth Payne shall have
and hold the aforementioned property during her natural life and that
as my aforementioned minor children shall arrive at the age of twenty
one years or shall marry, then it is my wish that such child shall
receive from the Estate such portion of my property as my wife in her
judgment, having in view her own as well as the interests of the
remaining children, shall designate or set apart and at the death of
my wife it is my will that all property that may be left shall be so
divided between my three minor children as to make it equitable between
them, taking into the account such property as may be given by my wife
during her life.
Article 5th - Lastly it is my wish that my wife, Elizabeth Payne,
shall be my Executrix and the Guardian of my minor children and she
is hereby empowered to transact any and all business pertaining to the
Estate. It is also my wish that she be not required to give security
on any land for letters testamentory or administration. All of which
is given under my hand and seal this the 14th day of April one thousand
eight hundred and sixty six. Simpson Payne
Attest.
Wm. M. Compton
James L. Phillips
H A Echols.1,13

     Simpson Payne died on 17 January 1873 at age 82 in Wall Hill, Marshall County, Mississippi.
     The obituary of Simpson Payne from the Nashville Christian Advocate states: "Simpson Payne was born in Botetourt, Virginia, November 14, 1790. He moved with his parents in 1801 to Sumner County, Tennessee, was married to Elizabeth Greer in 1817, who died in 1824. He professed religion in 1842 and died January 17, 1873. Brother Payne was an intelligent Christian gentleman, understood the doctrines of Methodism clearly, loved the Scriptures, had faith in God's power to save. His hope was founded in experience and now understands how great is charity." (I have been unable to find this obituary online as of 14 Jan 2021 despite searching this specific newspaper's archives.)

     Find A Grave does not have a burial listing for him as of 14 Jan 2021.1

Census and Occupation

DateEnumeration and OccupationLocation
1840with one free white male under 5; one free white male 15 thru 19; one free white male 40 to 49 (himself); one free white female under 5; one free whtie female 10 thru 14; one free white female 20 thru 29 and one free white female 30 thru 39 (his wife). Slaves: four males under 10; five males 10 thru 23; one female under 10; four females 10 thru 23; one female 24 thru 35. Eight persons were employed in AgricultureSouthern Division, Marshall County, Mississippi14
185029 years of age which is ridiculous. Clearly the enumerator made a mistake. There are two children of whom I am not sure of their parentage: John J Payne, age 10 born in Mississippi; and, Dixon Payne, male, age 28, born in Tennessee. The second male could be Charlton OR another son from the marriage to Elizabeth Greer. I don't know what to make of John J Payne who can't be John Simpson Payne, born c1848Southern District, Marshall County, Mississippi15
186070 years of ageChuluhoma PO, Marshall County, Mississippi16
Planter with real estate valued at $20,000 and personal property worth $33,00016
187079 years of age. Also living in his household are R. J. Bates (female), age 12 and Addie Bates, age 10Marshall County, Mississippi17
Farmer with real estate valued at $6,000 and personal property worth $16,76117

Citations

  1. [S3548] "Simpson Payne", contributed by Jerald Wilson, online at http://tngenweb.org/sumner/fasimpa.htm , website address verified 19 Jun 2019.
  2. [S3843] "Tennessee Bible Records", contributed by Tennessee State Library and Archives, online at https://tnsos.net/TSLA/Bibleproject/ , website address verified 13 Jul 2019, accessed 28 Jul 2014.
  3. [S2690] Moore, Mrs. John Trotwood. Record of Commissions of Officers in the Tennessee Militia, 1796-1811, I (Nashville, Tennessee: Tennessee Historical Commission, 1947), page 84, but his given name is spelled Sampson in the book.
  4. [S2585] "Tennessee, County Marriages, 1790-1950," index and images, The Church of Jesus Christ of Latter-day Saints, (FamilySearch: https://familysearch.org/ark:/61903/1:1:QKH3-CGYG, entry for Simpson Payne and Elizabeth Green, 13 Oct 1817; citing Sumner, Tennessee, United States, Marriage, p. , Tennessee State Library and Archives, Nashville and county clerk offices from various counties; FHL microfilm 467,485, accessed 26 Jul 2016).
  5. [S416] Whitley, Edythe Rucker, compiler. Marriages of Sumner County, Tennessee 1787-1838 (Baltimore: Genealogical Publishing Company, 1981), page 56.
  6. [S2180] "Sumner County Marriage Records, Selected Marrages from 1791-1925", contributed by Sherry Wilson, online at http://freepages.genealogy.rootsweb.ancestry.com/~we3sumneritesjblcsf/marrndx.htm , uploaded 1998-2005, accessed 31 Jul 2016, site verified as active 10 Jun 2019, accessed 24 Sep 2009.
  7. [S2585] "TN County Marr, 1796-1950," The Church of Jesus Christ of Latter-day Saints, FamilySearch ( https://familysearch.org/ark:/61903/1:1:QKH3-CN72, Simpson Payne and Elizabeth Turner, 21 Sep 1824; citing Sumner, Tennessee, United States, Marriage, p. , Tennessee State Library and Archives, Nashville and county clerk offices from various counties; FHL microfilm 467,485, accessed 26 Jul 2016).
  8. [S5979] Denning, Michael, abstractor. Sumner County Tennessee Deed Books 13-16: October 1831-October 1839 (na: MD, 2008), page 16; citing Deed Book 14, Jan 1834-Feb 1836, page 205.
  9. [S5979] Denning. Sumner Co, TN Deed Bks. 13-16, 1831-1839, page 23; citing Deed Book 14, Jan 1834-Feb 1836, page 313.
  10. [S5979] Denning. Sumner Co, TN Deed Bks. 13-16, 1831-1839, page14; citing Deed Book 14, Jan 1834-Feb 1836, page 180.
  11. [S5979] Denning. Sumner Co, TN Deed Bks. 13-16, 1831-1839, page 33-34; citing Deed Book 16, Dec 1837-Oct 1839, page 426.
  12. [S261] "Estate Settlement for Lucy Ham Turner", contributed by Jo Thiessen, downloaded 19 Sep 1998.
  13. [S6457] "Will of Simpson Payne", contributed by n/a/, online at http://files.usgwarchives.net/ms/marshall/wills/p5000001.txt , website address verified 15 Feb 2021.
  14. [S5520] "United States Census, 1840," index and images, The Church of Jesus Christ of Latter-day Saints, (FamilySearch: https://familysearch.org/ark:/61903/1:1:XHTX-V6T ), entry for Simpson Payne, Southern Division, Marshall, Mississippi, United States; citing p. 48, NARA microfilm publication , (Washington D.C.: National Archives and Records Administration, n.d.), roll ; FHL microfilm 14,842, accessed 15 Feb 2021.
  15. [S5499] "1850 United States Federal Census," index and images, The Church of Jesus Christ of Latter-day Saints, (FamilySearch: https://familysearch.org/ark:/61903/1:1:M4L6-ZFD ), entry for Simpson Payne household, 1850, Marshall county, southern division, Marshall, Mississippi, United States; citing no page number, family 228, NARA microfilm publication M432 (Washington, D.C.: National Archives and Records Administration, n.d.); FHL microfilm 443,589, accessed 1 Jul 2016.
  16. [S68] "1860 United States Federal Census," Marshall County, Mississippi, population schedule, dwelling 162, family 171, S. Payne household, digital images, citing National Archives microfilm M653, Roll 587, page 23. ProQuest's HeritageQuest Online. HeritageQuest moved their census data to Ancestry.com in 2015.
  17. [S5981] "1870 United States Federal Census," index and images, (Ancestry.com Operations Inc: (Provo, Utah), accessed 15 Feb 2021, entry for Simpson Payne, 1870, Marshall, Mississippi; citing roll M593_740, page 395A, family 485, FHL microfilm 552,239, image 25 of 32; citing original data from the National Archives and Records Administration.
  18. [S2702] Find A Grave. Database and images; accessed 23 Jun 2016, memorial page for Thomas Joseph Payne (1825-1897) at memorial page... Maintained by Barbara Ramussen; citing Sylvania Cemetery, Sylvania, Lonoke County, Arkansas.

Simpson Payne1

M, #23050, b. 20 November 1885, d. 24 August 1947
Relationship3rd great-grandson of Terisha Turner
FatherJames Turner Payne1 b. c 1851, d. 11 Oct 1892
MotherDella Milam1 b. Apr 1863

Family

Frankie (--?--) b. c 1889
Last Edited28 Dec 2020
     Simpson Payne was born on 20 November 1885, son of James Turner Payne and Della Milam, in Holly Springs, Marshall County, Mississippi.1
     He also is reported to have been born in November 1896 in Louisiana.2

     Simpson Payne married Frankie (--?--) circa 1907. I cannot find a marriage record anywhere as of 15 Nov 2020.3

     Simpson Payne died of a possible heart attack on 24 August 1947 at age 61 in One Lake Dallas, Denton County, Texas.
     Find A Grave does not have a burial listing for him as of 15 Nov 2020.1

Census and Occupation

DateEnumeration and OccupationLocation
19003 years of ageAlexandria, Rapides Parish, Louisiana2
191025 years of ageDallas, Dallas County, Texas3
Plumber who has been married for three years3
192035 years of age and divorcedDallas, Dallas County, Texas4
Plumber4

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:K39K-Q6F : accessed 22 Jul 2016), Simpson Payne, 24 Aug 1947; citing certificate number 33537, State Registrar Office, Austin; FHL microfilm 2,218,651.
  2. [S5786] "1900 United States Federal Census," index and images, Ancestry.com ( Provo, Utah): accessed 28 Dec 2020), Dela Payne, 1900, Alexandria, Rapides, Louisiana; citing page 12, family 237, FHL Microfilm 1,240,577.
  3. [S5516] "United States Federal Census, 1910," index and images, The Church of Jesus Christ of Latter-day Saints, (FamilySearch: https://familysearch.org/ark:/61903/1:1:MK11-1CZ ), entry for Simpson Payne in household of Martha Whidney, 1910, Dallas Ward 6, Dallas, Texas, United States; citing enumeration district (ED) ED 47, sheet 8B, household 141, NARA microfilm publication T624 (Washington, D.C.: National Archives and Records Administration, n.d.); FHL microfilm 1,375,556, accessed 27 Jul 2016.
  4. [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:MCMW-365: accessed 20 Nov 2016), Simpson Payne in household of H Z Alexander, 1920, Dallas Precinct 9, Dallas, Texas, United States; citing enumeration district (ED) ED 17, sheet 9A, line 28, family 30, NARA microfilm publication T625 (Washington D.C.: National Archives and Records Administration, 1992, roll 1791; FHL microfilm 1,821,791.

Susan Payne1

F, #11050, b. February 1884
Relationship3rd great-granddaughter of Terisha Turner
FatherJames Turner Payne1 b. c 1851, d. 11 Oct 1892
MotherDella Milam1 b. Apr 1863
Last Edited28 Dec 2020
     Susan Payne was born in February 1884, daughter of James Turner Payne and Della Milam, in Louisiana.1

Census and Occupation

DateEnumeration and OccupationLocation
190016 years of ageAlexandria, Rapides Parish, Louisiana1

Citations

  1. [S5786] "1900 United States Federal Census," index and images, Ancestry.com ( Provo, Utah): accessed 28 Dec 2020), Dela Payne, 1900, Alexandria, Rapides, Louisiana; citing page 12, family 237, FHL Microfilm 1,240,577.

Thomas Joseph Payne1,2

M, #1053, b. 24 September 1825, d. 5 October 1897
Relationship2nd great-grandson of Terisha Turner
FatherSimpson Payne2,1,3 b. 14 Nov 1790, d. 17 Jan 1873
MotherElizabeth Turner2,1,3 b. 1800, d. b 1880
ChartsDescendant Chart (Box)

Family

Mary Ann Skillern b. 27 Nov 1837, d. 30 May 1892
Children
Last Edited15 Feb 2021
     Thomas Joseph Payne was born on 24 September 1825, son of Simpson Payne and Elizabeth Turner, in Sumner County, Tennessee.2,1

     Thomas Joseph Payne, 33, married Mary Ann Skillern, 21, on 2 December 1858 in Prairie County, Arkansas.4,5

     On 14 April 1866, he is named in his father's will of this date.3

     Thomas Joseph Payne died on 5 October 1897 at age 72 in Austin, Lonoke County,1 and was buried in Sylvania Cemetery, Sylvania, Lonoke County, Arkansas.1

Census and Occupation

DateEnumeration and OccupationLocation
185026 years of age and living within his sister, Susan's, husband, William B. Spinks', householeMarshall County, Mississippi6
187044 years of age. Also living in his household was Jake Mccomel, age 35, born in Arkansas, a Farmer, whose surname became mixed in with that of several childrenCaroline Township, Little Rock PO, Pulaski County, Arkansas7
Farmer with real estate valued at $1,500 and personal property worth $5077
188054 years of ageCaroline Township, Lonoke County, Arkansas8
Farmer8

Citations

  1. [S2702] Find A Grave. Database and images; accessed 23 Jun 2016, memorial page for Thomas Joseph Payne (1825-1897) at memorial page... Maintained by Barbara Ramussen; citing Sylvania Cemetery, Sylvania, Lonoke County, Arkansas.
  2. [S3548] "Simpson Payne", contributed by Jerald Wilson, online at http://tngenweb.org/sumner/fasimpa.htm , website address verified 19 Jun 2019.
  3. [S6457] "Will of Simpson Payne", contributed by n/a/, online at http://files.usgwarchives.net/ms/marshall/wills/p5000001.txt , website address verified 15 Feb 2021.
  4. [S2174] "Arkansas, County Marriages, 1837-1957," index and some images, The Church of Jesus Christ of Latter-day Saints, (FamilySearch: https://familysearch.org/ark:/61903/1:1:F79G-LLH, entry for T. J. Payne and Mary Ann Skillern, 02 Dec 1858; citing , Prairie, Arkansas; FHL microfilm 1,013,871, accessed 27 Jul 2016).
  5. [S3548] "Simpson Payne Family," online http://tngenweb.org/sumner/fasimpa.htm . Says marriage occurred 21 Dec 1858.
  6. [S5499] "1850 United States Federal Census," index and images, The Church of Jesus Christ of Latter-day Saints, (FamilySearch: https://familysearch.org/ark:/61903/1:1:M4L6-WPJ ), entry for Wm B Spinks household, 1850, Marshall county, southern division, Marshall, Mississippi, United States; citing no page number, family 198, NARA microfilm publication M432 (Washington, D.C.: National Archives and Records Administration, n.d.); FHL microfilm 443,589, accessed 27 Jul 2016.
  7. [S5500] "United States Census, 1870," index and images, The Church of Jesus Christ of Latter-day Saints, (FamilySearch: https://familysearch.org/ark:/61903/1:1:MNCD-LFG ), entry for T J Payne, Caroline, Pulaski, Arkansas, United States; citing p. 48, family 352, NARA microfilm publication M593 (Washington D.C.: National Archives and Records Administration, n.d.); FHL microfilm 545,561, accessed 27 Jul 2016.
  8. [S5497] "United States 1880 Federal Census," index and images, The Church of Jesus Christ of Latter-day Saints, (FamilySearch: https://familysearch.org/ark:/61903/1:1:MNW6-NFZ ), entry for Tom Payne household, 1880, Caroline, Lonoke, Arkansas, United States; citing enumeration district ED 186, sheet 354D, household 88, NARA microfilm publication T9 (Washington, D.C.: National Archives and Records Administration, n.d.); FHL microfilm 1,254,050, accessed 27 Jul 2016.

Will D. Payne1

M, #1059, b. circa 1875, d. 1943
Relationship3rd great-grandson of Terisha Turner
FatherThomas Joseph Payne2 b. 24 Sep 1825, d. 5 Oct 1897
MotherMary Ann Skillern2 b. 27 Nov 1837, d. 30 May 1892

Family

Emma Docia Faust b. c 1875, d. 1961
Last Edited25 Jun 2019
     Will D. Payne was born circa 1875, son of Thomas Joseph Payne and Mary Ann Skillern, in Arkansas.1,2

     Prior to his marriage, he resided at Austin, Lonoke County, Arkansas.1

     Will D. Payne married Emma Docia Faust on 10 May 1896 in Lonoke County, Arkansas.1

     Will D. Payne died in 19433 and was buried in Edgewood Memorial Park, North Little Rock, Pulaski County, Arkansas.3

Census and Occupation

DateEnumeration and OccupationLocation
1880as Willy and 5 years of ageCaroline Township, Lonoke County, Arkansas2

Citations

  1. [S2174] "Arkansas, County Marriages, 1837-1957," index and some images, The Church of Jesus Christ of Latter-day Saints, (FamilySearch: https://familysearch.org/ark:/61903/1:1:N93R-XQF, entry for Will D Payne and Emma D Faust, 10 May 1896; citing , Lonoke, Arkansas, United States, county offices, Arkansas; FHL microfilm 1,013,058, accessed 5 Jul 2016).
  2. [S5497] "United States 1880 Federal Census," index and images, The Church of Jesus Christ of Latter-day Saints, (FamilySearch: https://familysearch.org/ark:/61903/1:1:MNW6-NFZ ), entry for Tom Payne household, 1880, Caroline, Lonoke, Arkansas, United States; citing enumeration district ED 186, sheet 354D, household 88, NARA microfilm publication T9 (Washington, D.C.: National Archives and Records Administration, n.d.); FHL microfilm 1,254,050, accessed 27 Jul 2016.
  3. [S2702] Find A Grave. Database and images; accessed 5 Jul 2016, memorial page for Will D. Payne (1874-1943) at memorial page..., photograph of grave by JRH, maintained by Lin; citing Edgewood Memorial Park, North Little Rock, Pulaski County, Arkansas.

William D. Payne1,2

M, #1223, b. circa 1817
ChartsDescendant Chart (Box)

Family

Eliza Turner b. c 1827, d. b 1870
Child
Last Edited5 Oct 2019
     William D. Payne was born circa 1817 in Tennessee.3

     William D. Payne married Eliza Turner, daughter of Seaton H. Turner and Dosha Payne, after 16 October 1843 in Robertson County, Tennessee.4,2

Census and Occupation

DateEnumeration and OccupationLocation
185032 years of ageRobertson County, Tennessee5
Farmer with real estate valued at $1,0005
18501850 Slave Schedule, taken the same day as the census, W. D. is listed withi one female Black slave, age 18 and one male Black slave, age 126
186043 years of age. Also living in his household was John Meyer, 17, a Laborerer born in GermanyDistrict 1, Robertson County, Tennessee3
Farmer with real estate valued at $2,990 and personal property worth $5,0303
187052 years of age. However, Eliza was not enumerated with him. Instead a Virginia Payne, age 41, born in Tennessee; Jordan Payne, age 38, Black, born Tennessee; and Ann Page, age 26, Black, born in Tennessee were living in his householdSpringfield PO, Robertson County, Tennessee7
Farmer with real estate valued at $1,000 and personal property worth $5377

Citations

  1. [S261] "Estate Settlement for Lucy Ham Turner", contributed by Jo Thiessen, downloaded 19 Sep 1998.
  2. [S2031] "Tennessee State Marriage Index, 1780-2002," index, The Church of Jesus Christ of Latter-day Saints, (FamilySearch: https://familysearch.org/ark:/61903/1:1:VNXF-NBH, entry for Wm D Payne and Eliza Turner, 28 Jul 1844; from "Tennessee State Marriages, 1780-2002," database and images, Ancestry (http://www.ancestry.com : 2008); citing p. 95, Robertson, Tennessee, United States, Tennessee State Library and Archives, Nashville, Tennessee, accessed 26 Jul 2016).
  3. [S5507] "United States Census, 1860," index and images, The Church of Jesus Christ of Latter-day Saints, (FamilySearch: https://www.familysearch.org/ark:/61903/1:1:M8TJ-NF7 ), entry for W D Payne, 1860, Robertson, Tennessee, United States; citing page 71, household 518, NARA microfilm publication M653 (Washington, D.C.: National Archives and Records Administration, n.d.); FHL microfilm 805,270, accessed 26 Jul 2015.
  4. [S992] "Sumner County, Tennessee County Court Minutes October, 1843 - Misc", contributed by Jan Johnson Barnes, online at https://sites.rootsweb.com/~providence/court_minutes_oct1843_misc.htm , uploaded 2000, website address verified 6 Jun 2019.
  5. [S5499] "1850 United States Federal Census," index and images, The Church of Jesus Christ of Latter-day Saints, (FamilySearch: https://familysearch.org/ark:/61903/1:1:MCDB-6FL ), entry for W D Payne household, 1850, Robertson county, Robertson, Tennessee, United States; citing no page number, family 511, NARA microfilm publication M432 (Washington, D.C.: National Archives and Records Administration, n.d.); FHL microfilm 444,850, accessed 26 Jul 2016.
  6. [S3256] "1850 United States Federal Census - Slave Schedules," digital images, The Church of Jesus Christ of Latter-day Saints, (Ancestry.com: n.p.MVH6-DMG ), entry for W D Payne, Robertson county, Robertson, Tennessee, United States; citing line number 3, NARA microfilm publication M432 (Washington D.C.: National Archives and Records Administration, n.d.); FHL microfilm 444,862, accessed 26 Jul 2016.
  7. [S5500] "United States Census, 1870," index and images, The Church of Jesus Christ of Latter-day Saints, (FamilySearch: https://familysearch.org/ark:/61903/1:1:MD8M-YG4 ), entry for W D Payne, Robertson, Tennessee, United States; citing p. 13, family 94, NARA microfilm publication M593 (Washington D.C.: National Archives and Records Administration, n.d.); FHL microfilm 553,055, accessed 26 Jul 2016.

Caroline Pearl1

F, #23680, b. 27 November 1890, d. 29 November 1983

Family

Chailles Claude Bernard b. 10 May 1896, d. 14 Feb 1989
Last Edited29 Mar 2017
     Caroline Pearl was born on 27 November 1890.2

     Caroline Pearl married Chailles Claude Bernard, son of Frederick Robert Bernard and Estelle Turner. I cannot find a marriage record anywhere for this couple as of 29 Mar 2017.1

     Caroline Bernard died on 29 November 1983 at age 932 and was buried in Greenoaks Memorial Park, Baton Rouge, East Baton Rouge Parish, Louisiana.2

Citations

  1. [S2702] Find A Grave. Database and images; accessed 2 Sep 2016, memorial page for Chaille Claude Bernard, Sr (1896-1989) at memorial page..., photograph of grave by Mary Agnes Hammett and Bobby, maintained by NW Mountain Man, originally created by Joel Manuel; citing Greenoaks Memorial Park, Baton Rouge, East Baton Rouge Parish, Louisiana.
  2. [S2702] Find A Grave. Memorial page for Caroline Pearl Bernard (1890-1983) at memorial page....

Mary Louise Pedigo1

F, #23576, b. 1 April 1873, d. 15 August 1937

Family

Joseph Henry Bondurant b. 25 Mar 1871, d. 15 May 1961
Child
Last Edited14 Jan 2021
     Mary Louise Pedigo was born on 1 April 1873 in Ohio. She was the daughter of Floyd Pedigo and Sarah Maye according to her memorial page.2,3

     Mary Louise Pedigo married Joseph Henry Bondurant circa 1899. I absolutely cannot find a marriage record for them on Ancestry or FamilySearch as of 14 Jan 2021.4,5

     Mary Louise Bondurant died on 15 August 1937 at age 64 in Mount Airy, Surry County, North Carolina,6 and was buried in Pedigo Cemetery, Ararat, Patrick County, Virginia.6

Census and Occupation

DateEnumeration and OccupationLocation
1880as Mary and 7 years of age. She is living with her father Floyd, age 46, a Physician, who is the son of Sarah Pedigo, age 75Dan River District, Patrick County, Virginia7
1900as Minnie L. and 26 years of ageDan River District, Patrick County, Virginia8

Citations

  1. [S5557] "Virginia, Marriage Records, 1936-2014," index and images, Ancestry.com (www.ancestry.com: accessed 11 Jan 2021, entry for Mack A Bondurant and Mary Turner Ritchie, 1956, Carroll County 1956, 33830-34087, Stamped 33960, image 133 of 267; citing original data from the Virginia Department of Health, Richmond, Virginia.
  2. [S2702] Find A Grave. Database and images; accessed 23 Feb 2019, memorial page for Manie Pedigo Bondurant (1873-1937) at memorial page..., photograph of grave by Lisa Legg, maintained by Jack Williams; citing Pedigo Cemetery, Ararat, Patrick County, Virginia. Information on her parents comes from her death certificate posted on the memorial page.
  3. [S5500] "United States Census, 1870," index and images, The Church of Jesus Christ of Latter-day Saints, (FamilySearch: https://familysearch.org/ark:/61903/1:1:MFGV-SY4 ), entry for Mary L Pedigo in entry for John H Pedigo, 1870, Horse Pasture, Henry, Virginia, citing NARA microfilm publication M593 (Washington, D. C.: National Archives and Records Administration, n.d.); FHL Film 553,155, family 392, accessed 14 Jan 2021. Taken 14 Oct 1870.
  4. [S2702] Find A Grave. Memorial page for Mack Abe Bondurant (1901-1973) at memorial page....
  5. [S5786] "1900 United States Federal Census," index and images, Ancestry.com ( Provo, Utah): accessed 14 Jan 2021), Joseph H Bondurant, 1900, Dan River, Patrick, Virginia; citing page 9, family 165, FHL microfilm 1,241,722.
  6. [S2702] Find A Grave. Memorial page for Manie Pedigo Bondurant (1873-1937) at memorial page....
  7. [S5497] "United States 1880 Federal Census," index and images, The Church of Jesus Christ of Latter-day Saints, (FamilySearch: https://familysearch.org/ark:/61903/1:1:MC5Y-M5F ), entry for May Pedigo in household of Sarah Pedigo, Patrick, Virginia, United States; citing enumeration district ED 157, sheet 28C, household 391, NARA microfilm publication T9 (Washington, D.C.: National Archives and Records Administration, n.d.), FHL microfilm 1,255,383, accessed 14 Jan 2021.
  8. [S5786] "1900 US Census," Joseph H Bondurant, 1900, Dan River, Patrick, Virginia; citing page 9, family 165, FHL microfilm 1,241,722, accessed 14 Jan 2021 at ( Provo, Utahimage 17 of 40 ). Says she was born Oct 1873.

Benjamin Petus Pegram1

M, #26599, b. 31 January 1856, d. 23 February 1919

Family

Mary Elizabeth Johnson b. c 1855, d. 19 Mar 1905
Last Edited25 May 2021
     Benjamin Petus Pegram was born on 31 January 1856 in Erin, Houston County, Tennessee. He was the son of William James Pegram (1835-1914) and Mary Elizabeth Richardson Pegram (1837-1921.)2

     Benjamin, 21, married Mary Elizabeth Johnson, daughter of Len Henly Johnson Jr. and Martha Ann Turner, on 21 April 1877 in Humphreys County, Tennessee.3

     In 1906, he married Rebecca Elizabeth Harvey (1867-1911.)2

     Benjamin Petus Pegram died on 23 February 1919 at age 63 in Humphreys County, Tennessee,2 and was buried in Johnson Turner Cemetery, Humphreys County, Tennessee.2

Citations

  1. [S2702] Find A Grave. Database and images; accessed 25 May 2021, memorial page for Mrs Mary Elizabeth Johnson Pegram (1854-1905) at memorial page..., photograph of grave by bbarnhill, maintained by Kyle Skmith, originally created by bbarnhill; citing Johnson Turner Cemetery, Humphreys County, Tennessee.
  2. [S2702] Find A Grave. Memorial page for Benjamin Petus Pegram (1856-1919) at memorial page....
  3. [S6338] "Tennessee, Compiled Marriages, 1851-1900," index, (Ancestry.com Operations Inc.: (Provo, Utah), accessed 25 May 2021, entry for B. P. Pegram and M. E. Johnson, 21 Apr 1877, Humphreys County; citing original data from the State of Tennessee.

Lola Pegram1,2

F, #26302, b. circa 1891

Family

Ira Dewitt Turner b. 12 May 1889, d. Jan 1971
Last Edited1 Mar 2021
     Lola Pegram was born circa 1891 in Tennessee.1

     Lola and Ira Dewitt Turner obtained a marriage bond on 18 October 1913 in Houston County, Tennessee.2

     Lola Pegram married Ira Dewitt Turner, 24, son of Andrew Jackson Turner and Eudora Clementine McCauley, on 19 October 1913 in Houston County, Tennessee.1,2

Census and Occupation

DateEnumeration and OccupationLocation
194049 years of ageNashville, Davidson County, Tennessee1
Supervisor, Hosiery Mill1

Citations

  1. [S3341] "1940 United States Federal Census," digital images, (Ancestry.com: (n.p.), accessed 28 Feb 2021, entry for Ira Dewitt Turner, 1940, Nashville, Davidson, Tennessee; citing roll m-t0627_03972, page 7A, family 113, image 13 of 21; citing original data from the National Archives and Records Administration.
  2. [S5974] "Tennessee, Marriage Records, 1780-2002," index and images, (Ancestry.com Operations Inc: (Provo, Utah), accessed 28 Feb 2021, entry for Ira Turner and Lola Pegram, 19 Oct 1913, Houston County Marriages Jul 1899-Sec 1937, page 25, image 168 of 611; citing original data from the Tennessee State Library and Archives.

Martha Pegram1

F, #23049, b. circa 1793

Family

Benjamin Nicholson b. c 1788
Child
Last Edited18 Nov 2020
     Martha Pegram was born circa 1793 in North Carolina.2

     Martha Pegram and Benjamin Nicholson obtained a marriage bond on 17 March 1812 in Warren County, North Carolina.1

Census and Occupation

DateEnumeration and OccupationLocation
185057 years of ageWarren County, North Carolina2

Citations

  1. [S5766] "North Carolina, Marriage Records, 1741-2011," index and images, (Ancestry.com: (Provo, Utah), accessed 18 Nov 2020, entry for Benjamin Nicholson and Martha Pegram, 1812, Warren County, image 1738 of 5237; citing original data from the North Carolina County Registers of Deeds.
  2. [S5959] "1850 United States Federal Census," index and images, (Ancestry.com Operations Inc: (www.ancestry.com), accessed 18 Nov 2020, entry for Benjamin Nicholson, 1850, Warren, Warren, North Carolina; citing roll 648, page 62b, family 882, image 62 of 65; citing original data from the National Archives MIcrofilm Publication M432.
  3. [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:FZTR-64S, entry for Nathaniel Nicholson and Elizabeth J. Turner, 24 Oct 1881; citing Nutbush, Warren, North Carolina, United States, p. p316, Office of Archives and History, Division of Archives and Records. State Archive of North Carolina and various county Register of Deeds; FHL microfilm 453,657, accessed 22 Jul 2016). No image available as of 16 Jul 2017.

Mary Pegram1

F, #841

Family

William Rives b. c 1712, d. 1786
Child
Last Edited10 Jan 2021
     She is said to have been the daughter of Daniel Pegram (son of George), based partly on there being no other Mary Pegram of record who would have been old enough to have had children in the 1740s. Her birth is estimated as c1724 in York County, Virginia Colony, but no evidence is provided to substantiate this year of birth.2

     Mary Pegram married William Rives, son of Colonel William Rives and Elizabeth Foster. There is no definitive proof of this marriage, but James Rives Childs was "disposed to give some credence on the strength of the unusual authentic testimony preserved by his descendants of the family relationships, and which whenever tested has disclosed none of the dustomary chaff of the untrustworthy tradition."1,3

Citations

  1. [S6296] "U. S., Sons of the American Revolution Membership Applications, 1889-1970," index and images, Ancestry. com Operations, Inc., (Provo, Utah) accessed 5 Jan 2021, entry for Leon Rayburn, descendant of William McGuffy Rives, 1949, vol. 350, Browse ID 338.
  2. [S6419] "Pegram Family Album", contributed by Duffy, N., Solomon, Winona and Pegram cousins, online at https://www.patch.net/military/rives-mil.html , uploaded 4 Jan 2021, accessed 8 Jan 2021, https://www.patch.net/pegram/pegg03.html#6279C
  3. [S501] Childs, James Rives. Reliques of the Rives (Lynchburg: J.P. Bell Company, Inc., 1929), page 38.

D. L. Pence1

F, #16588, b. circa 1827

Family

R. A. Poole b. c 1812
Child
Last Edited8 Jan 2021
     D. L. Pence was born circa 1827 in Louisiana.2,3

     D. L. Pence married R. A. Poole. I cannot find a marriage record for them anywhere as of 8 Jan 2021.1

     Something must have happened because I cannot find either of them in the 1860 census and their children were living in the household of a landlord.

Census and Occupation

DateEnumeration and OccupationLocation
185023 years of ageHarrison County, Texas3

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:JNM5-J95 : accessed 2 Feb 2012), B.F. Mcclinton, 12 Mar 1919; citing Gatesville, Coryell, Texas, reference certificate #9394, State Registrar Office, Austin; FHL microfilm 2,073,562 The death certificate clearly reads Mrs. B. F. McClinton.
  2. [S2608] "TX Deaths , 1890-1976," FamilySearch, B.F. Mcclinton, 12 Mar 1919; citing Gatesville, Coryell, Texas, reference certificate #9394, State Registrar Office, Austin; FHL microfilm 2,073,562, accessed 2 Feb 2012. The death certificate clearly reads Mrs. B. F. McClinton and states her mother was born in Virginia.
  3. [S5959] "1850 United States Federal Census," index and images, (Ancestry.com Operations Inc: (www.ancestry.com), accessed 8 Jan 2021, entry for R H Pool, 1850, Harrison, Texas; citing roll 911, page 72a, family 329, image 28 of 116; citing original data from the National Archives MIcrofilm Publication M432.
  4. [S2608] "TX Deaths , 1890-1976," FamilySearch, B.F. Mcclinton, 12 Mar 1919; citing Gatesville, Coryell, Texas, reference certificate #9394, State Registrar Office, Austin; FHL microfilm 2,073,562, accessed 2 Feb 2012.

Annie Pendleton1

F, #24178, b. circa 1852

Family

Stephen Edward Rives b. c 1844, d. 30 Jan 1926
Children
Last Edited11 Jan 2021
     Annie Pendleton was born circa 1852 in Kentucky.2

     Annie Pendleton and Stephen Edward Rives obtained a marriage bond on 25 November 1869 in Hopkinsville, Christian County, Kentucky.1,3

     Annie Pendleton married Stephen Edward Rives, son of Henry Archer Rives and Eleanor P. Tillottson, on 2 December 1869 in Christian County, Kentucky, by S. A. Holland, Minister of the Gospel.4

Census and Occupation

DateEnumeration and OccupationLocation
187018 years of age and living with her husband in her mother, Margaret's, household. Margaret had real estate valued at $9,000 and personal property worth $1,500District 3, Christian County, Kentucky2
188025 years of ageChristian County, Kentucky5

Citations

  1. [S501] Childs, James Rives. Reliques of the Rives (Lynchburg: J.P. Bell Company, Inc., 1929), page 162.
  2. [S5981] "1870 United States Federal Census," index and images, (Ancestry.com Operations Inc: (Provo, Utah), accessed 28 Nov 2020, entry for Margaret Pendleton, 1870, Christian, Kentucky; citing page 539B, family 548, FHL Microfilm 545,954, image 96 of 100; citing original data from the National Archives and Records Administration.
  3. [S5537] "Kentucky, County Marriages, 1797-1954," index and images, The Church of Jesus Christ of Latter-day Saints, (FamilySearch: https://familysearch.org/ark:/61903/1:1:FW58-VHQ, entry for S.E. Rives and Annie Pendleton, 25 Nov 1869; citing Hopkinsville, Christian, Kentucky, United States, Madison County Courthouse, Richmond; FHL microfilm 465,565, accessed 23 Dec 2016).
  4. [S5537] "KY County Marriages, 1797-1954," The Church of Jesus Christ of Latter-day Saints, FamilySearch ( https://familysearch.org/ark:/61903/1:1:FW5N-83D, S.E. Rives and Annie Pendleton, 02 Dec 1869; citing , Christian, Kentucky, United States, Madison County Courthouse, Richmond; FHL microfilm 465,564, accessed 23 Dec 2016).
  5. [S5336] "1880 United States Federal Census," digital images, The Church of Jesus Christ of Latter-day Saints, (Ancestry.com: n.p.image 21 of 55 ), entry for Stephen E. Rives, 1880, Pembroke, Christian, Kentucky; citing roll 409, page 234B, family 192, accessed 28 Nov 2020.
  6. [S3743] "Kentucky Death Records, 1911-1961," index, The Church of Jesus Christ of Latter-day Saints, (FamilySearch: https://familysearch.org/ark:/61903/1:1:QVJ5-K777, entry for Eunice Rives, 05 Oct 1957; citing Hopkinsville, Christian, Kentucky, United States, Office of Vital Statistics, Frankfort; FHL microfilm 1,709,310, accessed 26 Dec 2016).
  7. [S501] Childs. Reliques of the Rives, page 163.

Mary Ellen Pendleton

F, #24086, d. 1875

Family

Horace Plummer Rives b. 20 Jan 1845, d. 10 Jul 1929
Child
Last Edited3 Feb 2019
     Mary Ellen Pendleton and Horace Plummer Rives obtained a marriage bond on 7 October 1867 in Christian County, Kentucky.1

     Mary Ellen Pendleton married Horace Plummer Rives, 22, son of Henry Archer Rives and Eleanor P. Tillottson, on 14 October 1867 in Christian County, Kentucky.1

     Mary Ellen Rives died in 1875.
     Find A Grave does not have a burial listing for her as of 3 Feb 2019.2

Citations

  1. [S5537] "Kentucky, County Marriages, 1797-1954," index and images, The Church of Jesus Christ of Latter-day Saints, (FamilySearch: https://familysearch.org/ark:/61903/1:1:FW5N-4BQ, entry for H.P. Rives and Mary Ellen Pendleton, 14 Oct 1867; citing , Christian, Kentucky, United States, Madison County Courthouse, Richmond; FHL microfilm 465,564, accessed 14 Aug 2016).
  2. [S2702] Find A Grave. Database and images; accessed 1 Dec 2016, memorial page for Horace Plummber Rives (1845-1929) at memorial page... Maintained by Rives; citing Grove Hill Cemetery, Shelbyville, Shelby County, Kentucky.

Eliza Virginia Perdue1,2

F, #23620, b. 2 January 1863, d. 23 January 1919

Family

Robert W. Harris b. c 1854, d. b 1910
Children
Last Edited30 Apr 2021
     Eliza Virginia Perdue was born on 2 January 1863 in Tennessee. She was the Perdue (1829-1878) and Elizabeth Defrees (1835-1918.)1,3,4
     She was also known as Jennie.5

     Jennie and Robert W. Harris obtained a marriage license on 27 January 1880 in Sumner County, Tennessee.1,2

     Eliza Virginia Perdue, 17, married Robert W. Harris, son of Joseph Robert Harris and Sarah Louisa Turner, on 28 January 1880 in Sumner County, Tennessee, with J. N. Mitchener, JP, officiating.2

     In 1900, unable to find them anywhere as of 25 Nov 2020.

     In 1910, Jennie was a widow living in Paducah, Graves County, Kentucky.5

     Eliza Virginia Harris died of Broncho Pneumonia due to Influenza on 23 January 1919 at age 56 in Graves County, Kentucky,3 and was buried in Mount Pisgah Cemetery, Boaz, Graves County, Kentucky.4

Census and Occupation

DateEnumeration and OccupationLocation
1880as Virginia, 18 years of age and living with her husband in her father-in-law's householdWillow Grove, Trousdale County, Tennessee1

Citations

  1. [S5497] "United States 1880 Federal Census," index and images, The Church of Jesus Christ of Latter-day Saints, (FamilySearch: https://familysearch.org/ark:/61903/1:1:MDWN-7VM ), entry for Josephus H Harris household, 1880, Willow Grove, Trousdale, Tennessee, United States; citing enumeration district ED 225, sheet 40C, household 16, NARA microfilm publication T9 (Washington, D.C.: National Archives and Records Administration, n.d.), roll 1283; FHL microfilm 1,255,283, accessed 30 Aug 2016.
  2. [S2585] "Tennessee, County Marriages, 1790-1950," index and images, The Church of Jesus Christ of Latter-day Saints, (FamilySearch: https://familysearch.org/ark:/61903/1:1:QKH3-P2BW, entry for R W Harris and Eliza V Perdue, 27 Jan 1880; citing Sumner, Tennessee, United States, Marriage, p. , Tennessee State Library and Archives, Nashville and county clerk offices from various counties; FHL microfilm 969,861, accessed 30 Aug 2016).
  3. [S3744] "Kentucky, Death Records, 1852-1945," digital image, (Ancestry.com: (www.ancestry.com), accessed 29 Apr 2021, entry for Mrs. Eliva Virginia Harris, 23 Jan 1919, Graves County, Death Certificates, 1911-1965, Stamped 1475, image 1480 of 3311; citing original data from the Bureau of Vital Statistics, Certificate of Death.
  4. [S2702] Find A Grave. Database and images; accessed 29 Apr 2021, memorial page for Eliza Virginia "Jennie" Perdue Harris (1862-1919) at memorial page... Maintained by Find a Grave, originally created by Mary Coursey; citing Mount Pisgah Cemetery, Boaz, Graves County, Kentucky.
  5. [S3521] "U. S. City Directories, 1822-1995," index and images, Ancestry.com Operations, Inc. (www.ancestry.com): accessed 29 Apr 2021, entry for Jennie Harris, widow of Robert, Paducah, Kentucky City Directory, 1910, image 117 of 353.
  6. [S3744] "Death Recds., 1852-1945," digital image, Ancestry.com, entry for Loniss Bell Farmer, daughter of Robert Harris and Jennie Perdue, 19 Apr 1942, Hickory, Graves County, Stamped 8766, image 2171 of 3309.
  7. [S2702] Find A Grave. Memorial page for Opa L. Harris Smith (1886-1968) at memorial page....

Annie Mary Perry1,2

F, #26422, b. 2 February 1892, d. 21 February 1961

Family

James Henry Turner Jr b. 3 Jul 1891, d. 15 Dec 1967
Last Edited4 Apr 2021
     Annie Mary Perry was born on 2 February 1892. She was the daughter of Isaac Marshall Perry (1856-1931) and Sarah Finch Trogden Perry (1860-1922.)2

     Annie and James Henry Turner Jr were married on 5 July 1915 at Humphreys County, Tennessee.1

     Annie Mary Perry, 23, married James Henry Turner Jr, 24, son of James Henry Turner and Alice Florance Gray, on 9 July 1915 in Humphreys County, Tennessee.1

     Annie Mary Turner died on 21 February 1961 at age 692 and was buried in Maplewood Cemetery, Paris, Henry County, Tennessee.2

Citations

  1. [S5974] "Tennessee, Marriage Records, 1780-2002," index and images, (Ancestry.com Operations Inc: (Provo, Utah), accessed 3 Apr 2021, entry for James H Turner and Annie M Perry, 9 Jul 1915, Humphreys County Marriages M-N, Nov 1907-Oct 1915, page 532, image 658 of 685; citing original data from the Tennessee State Library and Archives.
  2. [S2702] Find A Grave. Database and images; accessed 3 Apr 2021, memorial page for Annie Mary Perry Turner (1892-191) at memorial page..., photograph of grave by Sujava, maintained by Robin Rountree-Key, originally created by Melissa Clayton Key; citing Maplewood Cemetery, Paris, Henry County, Tennessee.

Mary Dutch Perry1,2,3

F, #23345, b. 8 May 1890, d. 30 July 1965

Family

John Daniel Turner b. 7 May 1884, d. 15 Mar 1981
Last Edited11 Apr 2021
     Mary Dutch Perry was born on 8 May 1890 in Granville County, North Carolina. She was the daughter of Allen Perry and Betty Davis.1,4

     Mary married John Daniel Turner, son of Zachary Taylor Turner and Bettie J. Daniel. I cannot find a marriage record for them in North Carolina, Virginia, Kentucky or Tennessee as of 10 Apr 2021.1,4

     Mary Dutch Turner died on 30 July 1965 at age 75 in Henderson, Vance County, North Carolina,2,4 and was buried in Middleburg Cemetery, Middleburg, Vance County, North Carolina.2

Census and Occupation

DateEnumeration and OccupationLocation
194049 years of age and living with her husband in his brother, Taylor's, householdMiddleburg Township, Vance County, North Carolina1

Citations

  1. [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:KWQG-MS6 ): accessed 7 Aug 2016), Taylor Turner, Middleburg Township, Vance, North Carolina, United States; citing enumeration district (ED) 91-16, sheet 24B, family 345, 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 2980.
  2. [S2702] Find A Grave. Database and images; accessed 7 Aug 2016, memorial page for Mary P. Turner (1890-1965) at memorial page..., photograph of grave by Amy Robbins-Tjaden, maintained by Amy Robbins-
    Tjaden; citing Middleburg Cemetery, Middleburg, Vance County, North Carolina.
  3. [S5549] Vance County Historical Society, compiler. The Heritage of Vance County, 1 (Winston-Salem: Hunter Publishing Company, 1984), page 337, provides her full name.
  4. [S6049] "North Carolina, Death Certificates, 1909-1976," index and images, (Ancestry.com: (Provo, Utah), accessed 10 Apr 2021, entry for Mary Perry Turner, 30 Jul 1965, Henderson, Vance County, Stamped 24024, image 30 of 32.

Charles Petar Jr1,2,3

M, #24453, b. 28 September 1860, d. 7 October 1931

Family

Martha E. Mabry b. 20 Jul 1869, d. 27 Aug 1958
Last Edited17 Jul 2017
     Charles Petar Jr was born on 28 September 1860.2
     He also is reported to have been born in 1861.4

     Charles Petar Jr, 40, married Martha E. Mabry, 32, daughter of Robert Charles Mabry and Sarah L. Read, on 25 September 1901 in Warren County, North Carolina.1,3

     Charles Petar Jr died on 7 October 1931 at age 712 and was buried in Chapel of the Good Shepherd Episcopal Cemetery, Ridgeway, Warren County, North Carolina.2

Citations

  1. [S3461] "North Carolina, Deaths, 1931-1994," index, The Church of Jesus Christ of Latter-day Saints, FamilySearch ( https://familysearch.org/ark:/61903/1:1:FPL7-CTB : accessed 21 Dec 2016), Robert Charles Mabry in entry for Martha E. Petar, 27 Aug 1958; citing Butner, Granville, North Carolina, v 21B cn 21854, State Department of Archives and History, Raleigh; FHL microfilm 1,952,845.
  2. [S2702] Find A Grave. Database and images; accessed 21 Dec 2016, memorial page for Charles Petar, Jr (1860-1931) at memorial page..., photograph of grave by Lois Williams, maintained by Lois Williams; citing Chapel of the Good Shepherd Episcopal Cemetery, Ridgeway, Warren County, North Carolina.
  3. [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:F8Q8-K2Y, entry for Charles Petar and Martha E. Mabry, 25 Sep 1901; citing , Warren, North Carolina, United States, p. XP6, Office of Archives and History, Division of Archives and Records. State Archive of North Carolina and various county Register of Deeds; FHL microfilm 453,669, accessed 21 Dec 2016). No image available as of 17 Jul 2017.
  4. [S2989] "NC Co. Marriages, 1762-1979," The Church of Jesus Christ of Latter-day Saints, FamilySearch ( https://familysearch.org/ark:/61903/1:1:F8Q8-K2Y, Charles Petar and Martha E. Mabry, 25 Sep 1901; citing , Warren, North Carolina, United States, p. XP6, Office of Archives and History, Division of Archives and Records. State Archive of North Carolina and various county Register of Deeds; FHL microfilm 453,669, accessed 21 Dec 2016). No image available as of 17 Jul 2017. Bith estimates as 1861.

Elisha Peters1,2

M, #2807, b. circa 1773

Family

Cynthia Turner b. c 1786
Children
Last Edited11 Feb 2021
     Elisha Peters was born circa 1773 in Virginia Colony.3,4

     On 1 June 1792, he may have first married Jane (Jenney) Tillen, daughter of William Willen on this date in Amherst County, Virginia with Charles Watts as security, Owen Haskins, Thomas Nevils, and Robt. Holloway as witnesses.5

     Elisha Peters and Cynthia Turner obtained a marriage bond on 17 February 1806 in Amherst County, Virginia, with Terish (sic) Turner as security and S. Garland as witness.1,2

     On 26 January 1846, the division of Elizabeth H. Turner's property was returned and recorded by the court in Nelson County, Virginia. Legatees were Stephen Turner, Elisha Peters, Mrs. Dillards' trustees, trustees of Saml and Wm. Turner and Jno Turner's trustees.

Census and Occupation

DateEnumeration and OccupationLocation
1810I believe this is he: with one free white male under 10; one free white male 10 thru 15; one free white male 26 thru 44 (himself); six free white females under 10; one free white female 10 thru 15; and one free white female 16 thru 25 (Cynthia). Twenty-eight slaves were enumeratedCampbell, Richmond County, Virginia3
185077 years of ageNorthern Division, Bedford County, Virginia4
Farmer with real estate valued at $16,000 (on the Slave Schedule, he is listed with about 36 slaves4

Citations

  1. [S102] Ricks, Joel. Amherst County Marriage Bonds, 1753-1853 (Salt Lake City: [copied by Joel Ricks for the Genealogical Society of Utah], 1936), page 92.
  2. [S6294] "Amherst County, Virginia, Marriage Register, 1763-1853," image, The Church of Jesus Christ of Latter-day Saints, FamilySearch (Provo, Utah): accessed 12 Oct 2020), entry for Elisha Peters and Cynthia Turner, 1806, at https://www.familysearch.org/ark:/61903/3:1:3QS7-L9XF-NCBD .
  3. [S6007] "1810 United States Census," index and images, (Ancestry.com: (Provo, Utah), accessed 10 Nov 2020, entry for Elisha Peters, 1810, Campbell, Richmond, Virginia; citring roll 70, page 721, line 8, FHL Microfilm 282,430, image 3 of 20; citing original data from the National Archives and Records Administration.
  4. [S5959] "1850 United States Federal Census," index and images, (Ancestry.com Operations Inc: (www.ancestry.com), accessed 11 Feb 2021, entry for Elisha Peters, 1850, Bedford, Virginia; citing roll 935, page 208a, family 945, image 137 of 141; citing original data from the National Archives MIcrofilm Publication M432.
  5. [S6294] "Amherst Co., VA Marriage Reg., 1763-1853," FamilySearch, entry for Elisa Peters and Jane Tiller, 1792, accessed 12 Oct 2020), at https://www.familysearch.org/ark:/61903/3:1:3QS7-L9XF-NZDB.

Stephen Peters1

M, #26104, b. circa 1826
RelationshipGreat-grandnephew of Terisha Turner
FatherElisha Peters1 b. c 1773
MotherCynthia Turner1 b. c 1786
Last Edited11 Feb 2021
     Stephen Peters was born circa 1826, son of Elisha Peters and Cynthia Turner, in Virginia.1

Census and Occupation

DateEnumeration and OccupationLocation
185024 years of age and living in his father's householdNorthern Division, Bedford County, Virginia1

Citations

  1. [S5959] "1850 United States Federal Census," index and images, (Ancestry.com Operations Inc: (www.ancestry.com), accessed 11 Feb 2021, entry for Elisha Peters, 1850, Bedford, Virginia; citing roll 935, page 208a, family 945, image 137 of 141; citing original data from the National Archives MIcrofilm Publication M432.

William Peters1

M, #26105, b. circa 1830
RelationshipGreat-grandnephew of Terisha Turner
FatherElisha Peters1 b. c 1773
MotherCynthia Turner1 b. c 1786
Last Edited11 Feb 2021
     William Peters was born circa 1830, son of Elisha Peters and Cynthia Turner, in Virginia.1

Census and Occupation

DateEnumeration and OccupationLocation
185020 years of age and living in his father's householdNorthern Division, Bedford County, Virginia1

Citations

  1. [S5959] "1850 United States Federal Census," index and images, (Ancestry.com Operations Inc: (www.ancestry.com), accessed 11 Feb 2021, entry for Elisha Peters, 1850, Bedford, Virginia; citing roll 935, page 208a, family 945, image 137 of 141; citing original data from the National Archives MIcrofilm Publication M432.

Christine Peterson1

F, #26510, b. 9 November 1863, d. 22 March 1946
ChartsDescendant Chart (Box)

Family 1

Albert Marion Turner b. c 1859
Children

Family 2

Charles Edwin Harris b. 21 Jul 1859, d. 14 Nov 1938
Last Edited3 May 2021
     Christine Peterson was born on 9 November 1863 in Brigham City, Box Elder County, Utah. She was the daughter of John Christian and Nicholene Olsen Peterson both of whom were born in Denmark.1,2

     Christine Peterson married Albert Marion Turner, son of Calvin Smith Turner and Amanda Ann Tucker. I am not confident this is the right Albert Marion Turner because there could've been another man with the same name and year of birth!3,1

     Christine Turner, 32, married Charles Edwin Harris, 36, on 1 July 1896 in Snowville, Cache County, Utah.4

     Christine Harris died on 22 March 1946 at age 82 in Lehi, Utah County, Utah,1 and was buried in Snowville Cemetery, Snowville, Box Elder County, Utah.1

Census and Occupation

DateEnumeration and OccupationLocation
190036 years of age, married four years and having borne seven children of whom six are livingCurlew Precinct, Oneida County, Idaho2

Citations

  1. [S2702] Find A Grave. Database and images; accessed 1 May 2021, memorial page for Christine Peterson Harris (1863-1946) at memorial page..., photograph of grave by familyseeker, maintained by familyseeker; citing Snowville Cemetery, Snowville, Box Elder County, Utah.
  2. [S5786] "1900 United States Federal Census," index and images, Ancestry.com ( Provo, Utah): accessed 1 May 2021), Charles E Harris, 1900, Curlew, Oheida, Idaho; citing page 10, family 192, FHL microfilm 1,240,234.
  3. [S6523] "Utah, Death and Military Death Certificates, 1904-1961," index and images, (Ancestry.com Operations Inc.: (Provo, Utah), accessed 1 May 2021, entry for Raymond Marion Turner, 16 Mar 1956, Salt Lake City County, 1956, State File No. 56 18 0634, image 2647 of 2778.
  4. [S6348] "Western States Marriages, 1809-2016," index and images offsite, (Ancestry.com Operations Inc.: (Provo, Utah), accessed 1 May 2021, entry for Charles E Harris and Christine Turner, 1 Jul 1896, Snowville, Cache County, Utah, Vol. 4, page 76, Marriage ID#234286; citing original data from the BYU Idaho Special Collections.
  5. [S2702] Find A Grave. Memorial page for Cleofa Turner Bradshaw (1887-1948) at memorial page....
  6. [S2702] Find A Grave. Memorial page for Melissa Lorraine Turner Anderson (1889-1968) at memorial page....

Elizabeth Pettus1,2

F, #24737, d. 1767

Family

Arthur Hopkins b. 1690, d. 1767
Children
Last Edited19 Aug 2021
     Elizabeth Pettus was born in New Kent County, Virginia Colony. She was the daughter of Captain Thomas Pettus, died 1698, and Elizabeth Dabney (1660-1737). Thomas Pettus was the son of Colonel Thomas Pettus (1610-1660), eldest son of William Pettus, son of Thomas Pettus, sone of Thomas Pettus, son of John Pettus, son of Thomas Pettus of Norwich) and Elizabeth Durrant, the widow of Richard Durrant. Captain Thomas Pettus' widow, Elizabeth, married James Bray, Jr.

     There is also a report that Captain Thomas Pettus married a second time Mourning Glenn, who upon his death married James Bray of James City County, Virginia.3,4

     Elizabeth Pettus married Dr. Arthur Hopkins between 1723 and 1725 in Williamsburg, Virginia Colony. The idea that the marriage occurred in Williamsburg comes from the fact that Captain Thomas Pettus, Jr., father of Elizabeth, died in Williamsburg and was buried in Bruton Parish Church there.5 However, I have not found a marriage record yet as of 8 Mar 2021.6

     On 31 May 1765, Arthur Hopkins, in his will, names his legatees: wife Elizabeth to have slaves and use of plantation during life; son Samuel to have all the slaves in his possession; son John to have all land in Goochland County; son Arthur, to have all the slaves in his possession. Confirmed to married daughters and sons-in-law to have all slaves he had given them and to have twenty shillings for a mourning ring; son James and William to have slaves and 3,008 acres of land; daughter Isabella to have slaves and son-in-law Col. Joseph Cabell to act as guardian of Isabella. Witnesses: Jacob Moon, Elizabeth Moon (or Moore) and Claudius Bustin. He requests "No kind of funeral pomp other than the prayers of ye national church."

     Albemarle County probate records are locked and unavailable at this time so I cannot go to the original records for verification. They might be accessible at a Family History Center or affiliated library, but with all these facilities closed due to the pandemic I cannot access these documents.7,8,9

     Elizabeth Hopkins died in 1767.
     Find A Grave does not have a burial listing for her as of 15 May 2019.10

Citations

  1. [S95] Woods, Rev. Edgar. Albemarle County in Virginia (1901; reprint Bowie: Heritage Books, 1989), page 229.
  2. [S6501] Hopkins, Walter Lee. Hopkins of Virginia and Related Families (Richmond Virginia: J. W. Fergusson & Sons, Printers, 1931), pages 5, 10.
  3. [S6501] Hopkins. Hopkins of Virginia, page 10.
  4. [S2702] Find A Grave. Database and images; accessed 20 Nov 2020, memorial page for Dr. Arthur Hopkins Sr. (1690-1767) at memorial page... Maintained by Mark Hayden; citing Arthur Hopkins Sr Gravesite, Scottsville, Albemarle County, Virginia. Not well documented.
  5. [S6501] Hopkins. Hopkins of Virginia, page 1.
  6. [S6501] Hopkins. Hopkins of Virginia, page 5.
  7. [S2702] Find A Grave. Memorial page for Dr. Arthur Hopkins Sr. (1690-1767) at memorial page....
  8. [S6437] Anonymous. "Notes from the Records of Albemarle County," The Virginia Magazine of History and Biography, Vol. XXVI, No. 3 (July 1918): page 318.
  9. [S87] King, J. Estelle Stewart, abstractor. Abstracts of Wills, Inventories, And Administration Accounts of Albemarle County, Virginia, 1748-1800 (Beverly Hills: J.E.S. King, 1940), page 17, entry for Arthur Hopkins, March Court 1767, accessed online 6 Mar 2021.
  10. [S5572] Turner, Stephen Kent, e-mail message from (e-mail address) to Toby Turner at (e-mail address), dated 8 Jan 2017, containing Pedigree Charts for Ann Marie Omohundro and Samuel H. Turner.
  11. [S6501] Hopkins. Hopkins of Virginia, page 11.

Benjamin Franklin Petty1

M, #15262, b. 4 November 1805, d. 1872
FatherWilliam Eli Petty2,3 b. 13 Mar 1764, d. 26 Sep 1834
MotherLucretia Wright2 b. 7 Jul 1765, d. 16 Aug 1842

Family 1

Cynthia Bryan b. c 1800, d. 1851
Child

Family 2

Jane Amanda Nisbet b. 1816, d. 1859

Family 3

Nancy B. Young b. 25 May 1808, d. 10 Oct 1880
Last Edited28 Dec 2020
     Benjamin Franklin Petty was born on 4 November 1805, son of William Eli Petty and Lucretia Wright, in Wilkes County, North Carolina.2,4
     He was also known as Colonel Benjamin Franklin Petty although, so far, I've found no record of military service for him.5

     In 1817, Benjamin, who made the trip with his parents to Madison County, Alabama, later returned to Wilkes County to make his home. The story is that Benjamin returned to Wilkes County to visit his brother Eli and while there met and carried Cynthia Bryan.6

     Benjamin, 22, married Cynthia Bryan on 29 January 1828 at Wilkes County, North Carolina.7,8,4,9

     He established his home on the south side of the Yadkin River about four miles east of Wilkesboro in Wilkes County, North Carolina.10

     On 11 April 1830, 'John Hickerson of Franklin County, State of Tennessee' sold to his brother-in-law 'Benjamin Pettey of Wlkes County' 200 acres of land lying on the 'the Haymeadow' in Wilkes County, North Carolina.11

     On 27 September 1834, Eli, Benjamin's brother, witnessed the signature of D. Rousaw (Rousseau) to a deed by which Benjamin Franklin Pettey purchased a tract of land.12

     In 1837, Benjamin Petty was elected county trustee, Ranger and county surveyor by the authority of the county court system in Wilkes County, North Carolina.13

     On 26 October 1848, B. F. Petty is shown as a board member of the County public school system. The minutes end with a meeting on 9 Aug 1853 with him still a member.14

     Benjamin married Jane Amanda Nisbet in 1852 at Iredell County, North Carolina. I absolutely cannot find a marriage record for them as of 23 Nov 2020 in Iredell County despite going through images not indexed or anywhere else in North Carolina on Ancestry or FamilySearch.1,10,5,15

     In 1854, he was listed as a class leader of Eschol, believed to be a Methodist Church in the Wilkes District. In 1858, a Col. B. F. Petty is shown as taking the N. C. C. Advocate.16

     On 3 April 1858, B. F. Petty sold a tract of land called the Gilbreth land acquired with monies obtained from his wife, Cynthia's, estate from her father John Bryan, for $2,700 at Wilkes County, North Carolina.17

     Benjamin Franklin Petty and Nancy B. Miller obtained a marriage bond on 19 August 1862 in Davie County, North Carolina, with Eph. Gaither, Clerk, as witness.18,19

     Benjamin Franklin Petty, 56, married Nancy B. Miller, 54, on 19 August 1862 in Davie County, North Carolina. With JM. Gunn officiating.19

     On 4 December 1862, Benjamin was a witness on the marriage bond of James M. Lewis and Lemia A. Carmichael at Wilkes County, North Carolina.20

     Benjamin Franklin Petty died in 1872 in North Carolina.

     Find A Grave does not have a burial listing for him as of 23 Nov 2020.21,22

     His estate was probated on 1 April 1876 in Wilkes County, North Carolina.23

     In April 1877, the first lawsuit was file between R. F. Hackett et al and L.D. Parks and other heris of B. F. Petty at Wilkes County, North Carolina.24

     In 1878, J. W. Hackett died and his heirs took over as plaintiffs in the case about the Gilbreth land at Wilkes County, North Carolina.25

     On 7 April 1880, John O. Rousseau was appointed administer of Benjamin's estate. Rosseau seems to have been in cahoots with a neighbor of Benjamin's. Benjamin Petty died owing debts itemized in the probate file, with personal assets of about $10. However, he possessed lands in fee, about 250 acres, which Rousseu and the neighbor foreclosed on. After which, Rousseau died. I gave up on reading this extensive file.26,27

     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.28

     In September 1887, another court case between R. F. Hackett & others vs. The heirs at Law of B. F. Petty which again found for the heirs of R. F. Hackett at Wilkes County, North Carolina.29

Census and Occupation

DateEnumeration and OccupationLocation
1830with one white male between 20 and 30; one white female under 5; and one white female between 20 and 30 years of age. The second page is extremely difficult to read, but I believe with 3 male slaves between 10 and 24; one female slave under 10; and, three female slaves between 10 and 24 years of age. The total number in his household as given is impossible to read, but should be ten peopleWilkes County, North Carolina30
1840with one white male under 5; one white male between 5 and 10; one white male between 30 and 40; two white females under 5; two white females between 5 and 10; and one white female between 30 and 40 years of age. The second page shows him with three male slaves under 10; 3 male slaves between 10 and 24; 3 female slaves under 10 and two female slaves between 10 and 24 years of age. The total household is s numbered at 19 people, of whom six are engaged in agriculture. No other Petty-surnamed households are listed in this particular districtWellborn's District, Wilkes County, North Carolina31
185044 years of age. Also living in Benjamin's household were William Reid, age 30, a Methodist Clergyman, born in Virginia; and, Jennette Reid, age 21, born in Stokes County, North CarolinaWilkes County, North Carolina32
Farmer with real estate valued at $4,500 (worth $122, 355.85 in 2012 dollars)32
186048 years of age. Also living in his household was Jane, a servant (unclear), age 64Wilkesboro PO, Wilkes County, North Carolina33
Farmer with real estate valued at $4,500 (worth $113,332.21 in 2012 dollars) and personal property worth $14,375 (worth $362,033.45 in 2012 dollars)33
187061 years of ageFishing Creek Township, Wilkes County, North Carolina34
Farmer with real estate valued at $2,500 (worth $44,724.08 in 2012 dollars) and personal property worth $700 (worth $12,522.74 in 2012 dollars)34

Citations

  1. [S2968] Frost, W. W. The Frosts and Related Families of Bedford County, Tennessee (Knoxville: W. W. F., 1962), page 96; accessed 15 Aug 2011 . Mr. Frost states that the information on the Wright and related families for four generations comes from "Some Descendants of Richard Wright, Gentleman of London, England, and Northumberland, Virginia," published in 1919 Tyler's Quarterly Historical and Genealogical Magazine, Volume 1, pages 127 and 177 and from "the Washington-Wright Connection and Some Descendants of Major Francis and Anne (Washington) Wright, published in three volumes in 1923 as The Washington Ancestry . . and Forty Related Families." Both the article and the book were written by Charles Arthur Hoppin a genealogist of note.
  2. [S3034] Chumbley, George W.. "Middle Tennessee's Unpublished Bible Records: Pettey Family Bible," Middle Tennessee Journal of Genealogy & History, vol. 9, no. 4 (Spring 1996): page 172, quoting from page 678 of the family Bible. The Holy Bible, Containing the Old and New Testaments: Together with the Apocrypha. Translated out of the Original Tongues, and with the Former Translations Diligently Compared and Revised. By the Special Command of his Majesty King James I, of England. Philadelphia: Printed and Published by Mathew Carey, No. 122 Market-Street, 1812. The accuracy of the transcription was compared and found to be a true copy of Connie McKay, Notary Public, whose commission expires 10/28/80. This bible was formerly owned by Daniel Harrison Petetey and copi8ed in 1959 by Mrs. Ida Stimpson Miller of Dallas about a year before her death at 88. Mrs. Miller was Daniel Harrison Pettey's granddaughter.
  3. [S3848] "Alabama, Probate Records, 1809-1985," index and images, The Church of Jesus Christ of Latter-day Saints, FamilySearch ( https://familysearch.org/ark:/61903/3:1:33S7-9B3T-BQP?i=422&wc=M6DK-R38%3A220032201%2C220586201&cc=1925446 ), William Petty, 1834; citing Madison County Probate Records 1832-1837, vol. 6-7, images 423-424 of 717 (pages 61-62): accessed 27 Apr 2014.
  4. [S3843] "Tennessee Bible Records", contributed by Tennessee State Library and Archives, online at https://tnsos.net/TSLA/Bibleproject/ , website address verified 13 Jul 2019, accessed 28 Jul 2014.
  5. [S2981] Hickerson, Thomas Felix. Echoes of Happy Valley: Letters and Diaries Family Life in the South, Civil War History (Chapel Hill: T. F. H., 1962), page 175 . Thomas Felix Hickerson was Kenan Professor Emeritur, University of North Carolina.
  6. [S2986] Pettey, Harry, Medlin, Dorothy and Parks, Vivian. The Pettey's of East Texs (Longview: H.P., n.d.), pages 44, 48.
  7. [S2981] Hickerson. Echoes of Happy Valley, NC, page 175, gives dates as 29 Jan 1829.
  8. [S3034] Chumbley. "Pettey Family Bible", page 172, quoting from page 677 of the family Bible which gives the 1828 date.
  9. [S2276] Broughton, Carrie L., compiler. Marriage and Death Notices in The Raleigh Register and North Carolina State Gazette, 1826-1845 (Westminster: Heritage Books, 2008), page 54, says date was 29 Jan 1829 with announcement running in the Raleigh Register, issue of 27 Feb 1829.
  10. [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.
  11. [S2986] Pettey, Medlin and Parks, Pettey's of East TX, page 45; citing Wilkes County Deed Book P, page 21.
  12. [S2986] Pettey, Medlin and Parks, Pettey's of East TX, page 45; citing Wilkes County Deed Book N, page 304.
  13. [S726] Hayes, Johnson J.. The Land of Wilkes (Wilkesboro: Wilkes County Historical Society, 1962), page 92.
  14. [S726] Hayes. The Land of Wilkes Co NC, pages 135-136.
  15. [S2994] The Genealogical Society of Iredell County, compiler. The Heritage of Iredell County 1980 (Stateside: The Genealogical Society of Iredell County, 1980), page 436, Family #478.
  16. [S726] Hayes. The Land of Wilkes Co NC, pages 128-129.
  17. [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 9370; citing original data from the North Carolina Secretary of State, .
  18. [S2986] Pettey, Medlin and Parks, Pettey's of East TX, page 48.
  19. [S5766] "North Carolina, Marriage Records, 1741-2011," index and images, (Ancestry.com: (Provo, Utah), accessed 22 Nov 2020, entry for B F Petty and Nancy B Miller, 1862, Davie County Marriage Bonds-Abstracts 1838-1868, image 71 of 113; citing original data from the North Carolina County Registers of Deeds.
  20. [S5721] Ancestry.com. Marriages of Wilkes County, North Carolina 1778-1868, index and images, (Provo, Utah): accessed 26 Jul 2018, entry for Benjamin F. Petty in James M. Lewis and Lemia A. Carmichael bond; citing original data from Brent H. Holcomb's Marriages of Wilkes County North Carolina 1778-1868, .
  21. [S2986] Pettey, Medlin and Parks, Pettey's of East TX, page 48; says he died in Iredell County. All the probate was done in Wilkes County.
  22. [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, image 9214 where the case before the NC Supreme Court says he died 1872 with letters of administration granted to Rosseau on 1 Apr 1876. States he died in 1874 in one place and 1875 in another in this extremely complicated probate file.
  23. [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 9211-9228 of 27913.
  24. [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, image 9437. This was only one of the subpoenas filed at this time.
  25. [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, image 9359.
  26. [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.
  27. [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. I found nothing in this voluminous file about this specific matter.
  28. [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.
  29. [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 9433-9436.
  30. [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. HeritageQuest moved their census data to Ancestry.com in 2015.
  31. [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. HeritageQuest moved their census data to Ancestry.com in 2015.
  32. [S961] "1850 United States Federal Census," Wilkes County, North Carolina, population schedule, Sheet 347, dwelling 1427, family 1427, Benjamin F. Petty household, digital images, citing National Archives microfilm M432, Roll 649, page 347A. ProQuest's HeritageQuest Online. HeritageQuest moved their census data to Ancestry.com in 2015.
  33. [S68] "1860 United States Federal Census," Willkes County, North Carolina, population schedule, Enumeration District (ED) 198, Sheet 1407, dwelling 1407, family Roll 918, page 99B, Banjamin F. Petty household, digital images, citing National Archives microfilm M653, . ProQuest's HeritageQuest Online. HeritageQuest moved their census data to Ancestry.com in 2015.
  34. [S672] "1870 United States Federal Census," Wilkes County, North Carolina, population schedule, Fishing Creek Township Township, Sheet 5, dwelling 36, family 36, B. F. Petty household, digital images, citing National Archives microfilm M593, Roll 1165, page 298A. ProQuest's HeritageQuest Online,. 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 Edited24 Jan 2022
     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, citing National Archives microfilm M432, Roll 624, page 455B. ProQuest's HeritageQuest Online. 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. 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, citing National Archives microfilm T9, Roll 1326, page 125B. ProQuest's HeritageQuest Online. 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. 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, citing National Archives microfilm M653, Roll 1305, page 59B. ProQuest's HeritageQuest Online. 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, citing National Archives microfilm M593, Roll 530, page 259A. ProQuest's HeritageQuest Online,. 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....

William Petty

M, #13008, b. 1730, d. before 27 May 1805

Family 1

Lettice (--?--)

Family 2

Child
Last Edited13 Mar 2022
     William Petty was born in 1730 in Spotsylvania County, Virginia Colony.1

     William married Lettice (--?--) circa 1754 at Culpeper County, Virginia Colony. I cannot find a marriage record for them as of 16 Nov 2020.2,3,4

     On 1 August 1770, William Crews and Joseph Crew of Cornwall Parish Charlotte County conveyed to William Petty of same for £28, 200 acres in Charlotte on the branches of Wallace Creek. Said land, bounded by Morton's line, was purchased from John Crisp by William and Joseph Crews by two deeds recorded in Lunenburg County. All houses, out houses, buildings, woods, etc. Signed William Crews and Joseph Crews. Witnesses: none
Right of dower relinquished by Ruth, wife of William Crews, and, Sarah, wife of Joseph Crews.
Recorded 6 Aug 1770 at Charlotte County, Virginia Colony.5

     On 1 January 1772, William purchased 150 acres of land on both sides of Double Creek at Pittsylvania County, Virginia Colony.6

     By 1773, he was a resident of Pittsylvania County, Virginia Colony, where he conveyed the land he received from William and Joseph Crew. "His wife, Lettie, relinquished her dower right and in so doing forged one of the strongest links between the William Petty of Pittsylvania County, Virginia, in 1773 and the William Petty whose will was probated in Clarke County, Kentucky, on 27 May 1805, naming among others his widow, Lettis."6

     On 8 September 1773, William Petty, of Pittylsvania County, conveyed to Robert Williams, of the same county, for £40, all that tract of about 152 acres of land in the county on the branches of Wallace Creek, bounded by Morton, being that piece of land purchased of William and Joseph Crews. Signed by William Petty. Witnesses: Francis M. Petty, John Mading, James Farmer, Elizabeth (her mark) Petty, Joseph Pettey, Joseph Cole, Joel Watkins, William Morton, L. Joe Morto. Lettice, the wife of the said Petty, relinquished her right of dower. Recorded 5 Oct 1773 at Charlotte County, Virginia Colony.4

     In 1777, his name is found on Charles Kennon's List of signers of the Oath of Allegiance to the Colony of Virginia at Pittsylvania County, Virginia.7

     On 17 August 1778, he was still a resident of Pittsylvania County when he sold the land on both sides of Double Creek in two separate tracts in Pittsylvania County, Virginia.6

     On 3 April 1780, William received a grant of 400 acres on Hunting Creek on both sides of the road leading from Shallow Ford to Mulberry Fields, the present Wilkesboro. This was not the first land acquired by him in Surry County, North Carolina.8

     In 1783, Rev. William Petty was first recorded in North Carolina Baptist minutes in the organization of Petty's Meeting House which later took the name of Flat Rock Baptist Church from nearby Flat Rock Creek. This was in the vicinity of what is now Hamptonville in Yadkin County, North Carolina, but the area was a part of Surry County until 1850.

     Elder William Petty is shown as the pastor of Flat Rock Church (a Primitive Baptist Church) constituted in 1783. He said to have gone through Iredell and Wilkes County preaching the gospel.9

     In 1786, Rev. William Petty led the church of which he was pastor, then called Petty's Meeting House, but later Flat Rock, to invite other church west of the Yadkin in North Carolina, and some just across the line in Virginia, belonging to the Strawberry Association, to send delegates to his church, about two miles west of Brooks' Cross Road in order to form an independent association. This appears to have originated with Petty whose church was known as Petty's Meeting House, later called Hunting Creek, but since 1802, Flat Rock.

     "All records both of his own church and of the Yadkin Association show that he was an able and progressive leader. In these years he was traveling far and wide, going as far as the church known as Head of the Yadkin near the present town of Patterson in Caldwell County, on matters concerning the churches, and had already begun those missionary labors that resulted in the organization of the Grassy Knob Baptist Church in northern Iredell and a half dozen other churches in that section. He was not only enterprising and aggressive, but he had the wisdom to see that in the churches of his section and time, among whose members there were few or none who had books or periodicals or other printed matter, there was need of meetings which could be generally attended, in order that the members of these churches might hear discussions of religious principles and doctrines especially those of the Baptists, and of all other things that concern the life and conduct of Baptist churches."

     "For two meetings, October, 1786 and June, 1788, the Association convened at Petty's Meeting House." . . . The first independent meeting of the Yadkin Association was held Aug 28, 29, and 30, 1790.

     Rev. William Petty was moderator between the years 1787-1795, with the exception of 1791, when another pastor of his church took over. Petty voluntarily gave up his office.10

     In September 1787, "the Flat Rock Church entered into an agreement to furnish their pastor, Elder William Petty, 'a great-coat and other necessary clothing,' and had raised and paid the money by the December meeting."11

     In November 1789, "the church, 'unanimously agreed that each male member should contribute something toward paying Brother Petty's Tax.11'"

     In 1790, "Rev. William Petty's church, Flat Rock, about thirty miles to the west [of Timber Ridge Church], constituted in 1783, according to Asplund, already in [this year] had 203 members."

     "By the time the Cub Creek Church in Wilkes County was formed as a separate church from Flat Rock on 17 May 1794, Petty and Cook had been preaching and baptizing in that region for some time before."

     "Another church which was a part of the development instituted by William Petty at Flat Rock was that of Island Ford, which is located in Yadkin County three miles east of Jonesville."12

     On 12 November 1791, Elder William Petty became extremely angry because "a young male member of his church, Flat Rock, took away his daughter. On that occasion, according to a minute, at an occasional meeting called by Elder Petty for the purpose of considering it, 'the matter concerning Richard Stevens' conduct in taking away Brother Petty's daughter under age without consent, was fully illustrated, and Brother Petty fully rehearsed his grief and trial, and also confesssed his fault in being exasperated and speaking many harsh words, &c., from which the Church then agreed to look over his conduct, and charged John Stevens with being privy to his Brother's conduct and not informing Brother Petty, from when it was laid over to the next meeting.' At the next meeting, a week later, Brother John Stevens confessed that he could not see himself in error in not telling Brother Petty about his brother's designs to steal his daughter, but had had no desire to 'hang on' the church, and was excluded. His Brother Richard spoke for himself and said 'that if the matter now in dispute was yet to be done, he would still persist in doing it, and on the Church receiving no acknowledgment wherein he saw he had committed a trespass against Brother Petty, they thought fit to exclude him also."13

     On 14 January 1792, he is described in a deed as William Petty, "of Surry County, when he sold 300 acres of land on Deep Creek to Christian Fender. He evidently moved sometime after this date to Wilkes County because a deed dated 5 Apr 1794, describes him as William Petty, "of the County of Wilkes," when he sold 160 acres of his land on Hunting Creek to William Arnold.14

     In September 1792, "the minutes provide that each member should bring yearly into the church 'some such donations of corn and wheat as they can best spare, the stocks to be deposited in the hands of the deacons.11'"

     On 9 December 1794, George Reeves of Wilkes County, North Carolina, sold to "William Petty, senior, of same county and state," 200 acres on Little Cub Creek for 100 pounds of tobacco, in Thomas Rogers line to Moravian line, John Greers line, William Gilreaths line, being condt. line between James Chaney & Reeves. This deed is important because it distinguishes him from his son.15

     In May 1795, "the minutes show that 'the members of the Church, taking into consideration the travels and fatigues of our minister, have agreed to the following donation' - the amounts give being stated in English money, pounds, shillings and pence, which all told at the current rate of exchange amounted to about fifty dollars."16

     On 1 February 1796, it was ordered that Betty Crane, orphan child of James Crane, deced, be bound to William Petty, senr. aged nine years at Wilkes County, North Carolina.17

     On 14 May 1796, Rev. William Petty and his son William were sent to assist in the constitution of Deep Ford, or Reddies' River, Church in Wilkes County in respose to a petition.18

     Between 1795 and 1799, he sold his land in North Carolina and moved to Clark County, Kentucky after September 1800, where he later died.

     Based on the evidence of the two daughters named in his will (Sarah Stevens and Hannah Ward) and the scandal of Sarah's elopement, it seems that this William Petty is the man who resided in Pittsylvania County, Virginia between 1773-1778, lived in Surry and Wilkes Counties, North Carolina before moving to Clark County, Kentucky.19

     On 1 October 1798, he sold his land on Cub Creek at Wilkes County, North Carolina.20

     In September 1800, Flat Rock Church lost William Petty in this year [when he relocated to Kentucky].

     "Although some believe William was attracted to Kentucky by the gigantic Baptist revival at Cane Ridge, Bourbon County, Kentucky, in 1801, it seems more probable that he accompanied or followed some of his married children to Clark County, where he died a few years later."20

     William Petty left a will dated on 1 May 1804 at Clark County, Kentucky, in which he names his wife, Lettie or Lettis, and the following children: Thomas Petty, youngest son; Francis Petty; Rhoda Cast; Elizabeth Dodson; Rachel Russel; Hannah Ward; Zachariah Petty; Wm. Petty; Randell Petty; John Petty; James Petty; Sarah Stevens; and, Lias Petty. The executors were his wife Little or Lettie and son, Thomas. Witnesses were Charles Tracey and Sarah Tracey.2

     He died before 27 May 1805 in Clark County, Kentucky.
     Find A Grave does not have a burial listing for him in Kentucky as of 29 Dec 2018.2

     His estate was probated on 27 May 1805 in Clark County, Kentucky.2

Tax Rolls

DatePropertyLocation
1780on John Wright's List with seven hundred acres of land, two slaves, four horses, sixteen cattle, and a valuation of 2,748 poundsSurry County, North Carolina8

Census and Occupation

DateEnumeration and OccupationLocation
1790with two white males sixteen and upwards, three white males under sixteen, three white females and one slave. This means that four of his sons and two of his daughters had not yet married and left homeSalisbury District, Surry County, North Carolina21
1800with one free white male 16 through 25; one free white male 45 and over; one free white female 10 through 25; one free white female 26 through 44; and one free white female 45 and olderMorgan, Wilkes County, North Carolina22

Citations

  1. [S2986] Pettey, Harry, Medlin, Dorothy and Parks, Vivian. The Pettey's of East Texs (Longview: H.P., n.d.), page 32.
  2. [S2963] McGhee, Lucy Kate, abstractor. Historical Records of the Blue Grass Region of Kentucky Clark County - Winchester - Edition of Wills Formed From Fayette ad Bourbon Counties 1792, Fayette and Bourbon Counties from Virginia 1780 (Washington: L.K.M., n.a.), page 15, citing Will Book 1, page 41.
  3. [S2986] Pettey, Medlin and Parks, Pettey's of East TX, page 33, gives the marriage date and place.
  4. [S3006] T. L. C. Genealogy, abstractor. Charlotte County, Virginia Deeds, 1771-1777 (Miami Beach, Florida: T. L.C.G., 1990), page 40; citing Deed Book 3, page 360.
  5. [S3022] Nance, Joanne Lovelace, abstractor. Charlotte County, Virginia 1765-1771 Deed Books 1 and 2 (Charlottesville: The N. W. Lapin Press, 1990), page 64, citing Deed #381, page 330.
  6. [S2986] Pettey, Medlin and Parks, Pettey's of East TX, page 33.
  7. [S1107] Oaths of Allegiance - 1777 Pittsylvania County, Virginia, contributed by Cynthia Hubbard Headen, online at ( https://sites.rootsweb.com/~vapittsy/Oaths.html ), uploaded Febuary 1985, site verified as active 4 Jun 2019. Citing Virginia Magazine of Genealogy, series 1, vol. 23, no. 1, transcribed by Marian Dodson Chiarito.
  8. [S2986] Pettey, Medlin and Parks, Pettey's of East TX, page 34.
  9. [S726] Hayes, Johnson J.. The Land of Wilkes (Wilkesboro: Wilkes County Historical Society, 1962), page 120.
  10. [S2993] Paschal, George Washington. History of North Carolina Baptists, II (North Carolina Baptist State Convention: North Carolina General Board, 1955), pages 240-241, 244, 250-251.
  11. [S2993] Paschal. Hist. of NC Baptists, II, page 209.
  12. [S2993] Paschal. Hist. of NC Baptists, II, pages 89, 153, 155.
  13. [S2993] Paschal. Hist. of NC Baptists, II, page 226.
  14. [S2986] Pettey, Medlin and Parks, Pettey's of East TX, pages 35, 36.
  15. [S3007] Absher, Mrs. W. O., abstractor. Deed Book B-1, Wilkes County, North Carolina (1782-1797) (Wilkesboro: The Genealogical Society of the "Original" Wilkes County, n.d.), page 40; citing page 416.
  16. [S2993] Paschal. Hist. of NC Baptists, II, pages 209-210.
  17. [S2984] Absher, Mrs. W. O., abstractor. Wilkes County, North Carolina Court Minute Abstracts (1794-1797), IV (North Wilkesboro: Wilkes Genealogical Society), page 26.
  18. [S2993] Paschal. Hist. of NC Baptists, II, page 154.
  19. [S2986] Pettey, Medlin and Parks, Pettey's of East TX, pages 34, 35.
  20. [S2986] Pettey, Medlin and Parks, Pettey's of East TX, page 36.
  21. [S5519] "United States Census, 1790," index and images, The Church of Jesus Christ of Latter-day Saints, FamilySearch ( https://familysearch.org/ark:/61903/1:1:XHK1-C8W ): accessed re-accessed 7 Aug 2019, William Petty, Surry, North Carolina, United States; citing p. 518, column 3, line line 29, NARA microfilm publication M637, (Washington D.C.: National Archives and Records Administration, n.d.), roll 7; FHL microfilm 568,147.
  22. [S58] "1800 U. S. Federal Census," Wilkes County, North Carolina, Roll 33, page 57, line 21, William Petty sen household, digital image, citing National Archives microfilm M32. ProQuest's HeritageQuest Online. HeritageQuest moved their census data to Ancestry.com in 2015.
  23. [S2993] Paschal. Hist. of NC Baptists, II, page 154. "In response to the petition laid before the church on May 14, 1796, Rev. William Petty and his won Eilliam were sent to assist in the consitution . . ".
  24. [S2986] Pettey, Medlin and Parks, Pettey's of East TX, page 40.

William Eli Petty

M, #13009, b. 13 March 1764, d. 26 September 1834
FatherWilliam Petty1,2 b. 1730, d. b 27 May 1805

Family

Lucretia Wright b. 7 Jul 1765, d. 16 Aug 1842
Child
Last Edited13 Mar 2022
     
The Ancestry of William Petty

     With respect to William Petty, W. W. Frost writes:
          "Although other and better evidence in support of the father-son-relationship may yet be found, the following are sufficient to convince the writer of this sketch:
          1. The William Pettey who became a soldier of the Revolution in Surry County, North Carolina, at the age of sixteen would likely have been living with his parents; and the Reverend William Petty was the only Petty known to be living in Surry County of suitable age to have a sixteen year old son.
          2. The Reverend William Petty named a son William in his will; and none of the numerous other men by the name of William Petty fit so well into the pattern of this family.
          3. William Pettey married the daughter of one of the Reverend William Pettey's neighbors.
          4. Church history and traditions in Surry and Wilkes Counties support the father-son relationship.
          5. The only negative evidence which has been found is the lack of the use of 'Jr.' for William Pettey in public and family records; but this has the probable explanation that either or both of the men may have had a middle name which did not get into the records but which nevertheless precluded the correct use of 'Jr.' Even this has been offset to extent by the fact that 'senior' was applied to the Reverend William Petty's name in public records when he moved into Wilkes County, where his son was already established as a land owner and resident." [When I went to search Mr. Frost's book online, I did not find the above. I suspect it came from the supplement to his book, published in 1972. However, this is unavailable to me for verification.]

     George Washington Paschal's History of North Carolina Baptists is the only old record to use William Jr.3 Obviously, Mr. Frost did not have access to this important book on the Baptists of North Carolina.

     William Pettey, according to his own sworn statement in his application for a pension for his service in the American Revolution (on 21 Feb 1833), was born either in Fauquier or in Stafford County, Virginia, March 13, 1764. He died September 26, 1834, according to his tombstone inscription which also bears his birth date, and which can be found along a road near Blutcher's Ford, Madison County, Alabama.

     The cited source states that William's mother was Elizabeth Moore.4

     "Three descendants of the (thirteen) named children of William and Lucy Wright Pettey have made available to the writer significant information on the Pettey family. Mrs. Vivan Pettey Parks, of Houston, Texas, a descendant of John Wright and Anna Harris Pettey, has supplied copies of Bible records and other important items of information on the Pettey family. T. R. Howard, born in Texas but living in Chicago in 1961, a descendant of David and Amelia Pettey Carlton, has rendered a unique service in the compilation and confirmation of information on the Wrights, Petteys, and other families through his research in the famous N3ewberry library. Miss Nellie Holland, of States, North Carolina, a descendant of Benjamin Franklin and Jane Amanda Nisbet Pettey, has made available her collection of records on the Wright and Petty families. . . . The dates . . . . along with the birth dates of the thirteen children and other family facts were recorded in an old Pettey Bible which was in the possession of their granddaughter Mary Thomas spragins Walker when it was desctroyed by fire on May 10, 1928. Luckily, two of Alabama's leading genealogists, Mrs. Kathleen Paul Jones of New Market and her sister-in-law, Mrs. Pauline Jones Gandrud, of Tuscaloosa, made a copy of this Bible record about a month before the fire. This Bible appears to have been owned originally by Mary Thomas Spragins Walker's grandfather Zachariah Pettey, next in the descent from Lucretia (Lucy) Wright to the writer's children."5

     There is a problem with his alleged middle name. I do not believe, nor do the authors of the cited book, that he actually had a middle name of Eli. In absolutely no document signed by him or record about him of the period calls him anything except William Petty. The only exception being the note in Paschal's book wherein he is described as Jr. in a public record. The "confusion may have arisen over the name because of his son, Eli, who married his first cousin, Dianah Harrison Martin, and remained in the county long after his parents had left. There was also a grandson, Eli Williams Petty (1833-1854), son of their son, Zachariah Pettey."

     TT comment: middle names were extremely uncommon during the early lives of both of these men and common only in the case of aristocratic families as which the Petty family would not have been considered to belong. Only children born well after the Revolution began to receive middle names in such families.
     William Petty was born on 13 March 1764 in Fauquier County, Virginia Colony. In his pension application, William stated the county of his birth to been either Fauquier or Stafford County.6,7,8
     His surname also is spelled as Pettey.9

     William Eli Petty and Lucretia Wright moved to Surry County, North Carolina Colony, circa 1775 .10

     In 1780, during the Revolution, he moved with his parents at the time they and the John Wright Family moved to Surry County, North Carolina.2

     He performed his Military Service in 1780 by serving for at least six months and probably longer as a North Carolina militiaman during the Revolutionary War. He was drafted into the army of General Rutherford C. Armstrong. Under Captain Absolom Bostick, his immediate commander, William Pettey marched from Surry County, North Carolina, as a draftee militiaman, through Salisbury, Cheraw Hills, and somewhere in the neighborhood of Rugely's Mills where he joined General Gates' army. A few days after he was drafted, he was detached with about 300 men under the command of Major Elisha Isaacs to enforce General Sumpter whom he joined in the neighborhood of Camden and remained until his defeat there. He served about three months during this period (during which he would've seen Col. Samuel Watson, ID#6388).

     After General Sumpter was defeated, he engaged in scouting parties. He states in his pension application that he was also continually engaged in scouting parties while in the service, which at that time was considered dangerous and that he was frequently sent as a scout.

     Later, he went back into the regular army as a substitute for a man he did not even know. This time he was commanded by Major Francis Hargrove and Capt. P. Isbell. This campaign soon ended and he was then engaged in guarding the legislature of North Carolina until the close of the war.11,12

     After 1782, the Petty and the Wright families moved to Wilkes County, North Carolina.2

     William, 18, married Lucretia Wright, 17, daughter of John Wright III and Ann Williams, on 25 January 1783. It is believed they married in Surry County, North Carolina where they each were living at the time.13,14,15

     William Eli Petty and Lucretia Wright moved to Wilkes County, North Carolina.2

     On 24 October 1787, William purchased a tract of 250 acres of land in Wilkes County on both sides of Warrior Creek from Spilsby Tribble, on Moravian Creek and Blood Creek, for 150 pounds of tobacco as a resident of Wilkes County.16,17,18

     On 30 July 1788, he served on a jury in a case called State vs. Reubin Smether in which case the defendant was found guilty at Wilkes County, North Carolina.19

     Circa 1789, the 1849 diary of Nancy Riley Clark refers to Rev. William Pettey as having baptized his wife's sister, Francis Wright, and her husband, Gerard Riley, in the Yadkin River this year.20

     On 28 April 1789, he served on a jury in the case entitled Berriman Shumate vs. John Shumate at Wilkes County, North Carolina.21

     "Only two boys and one girl had been born to William and Lucretia by 1790; but John Wright Pettey, born 28 Feb 1791, evidently was counted when the enumeration was extended into 1791 in counties where it had not been completed in December 1790."22

     On 26 April 1791, he was ordered to attend County Court as a juryman at Wilkes County, North Carolina.23

     On 24 July 1791, he served on a Grand Jury at Wilkes County, North Carolina,23he, again, served on the Grand Jury on 23 April 1792, at Wilkes County.24

     On 31 July 1792, he served on the jury in a case entitled William Hoggs vs. William Ferguson in which the defendant was found guilty at Wilkes County, North Carolina.25

     On 30 October 1792, he served on the jury in a case entitled Mark Harden vs. Thomas Robins at Wilkes County, North Carolina.26

     On 21 July 1793, he served on the jury in a case entitled Reuben Smither vs. John Cargile at Wilkes County, North Carolina.26

     On 3 August 1793, he was ordered, with others, to view road from Wilkes Court House to Robert Eppersons branch at Wilkes County, North Carolina.27

     On 6 November 1793, he served on a jury on a case entitled Gerrend Donaphan vs. James Lloyd at Wilkes County, North Carolina.28

     On 11 February 1794, he, among others, was ordered to attend the next county court as jurors at Wilkes County, North Carolina.29

     On 7 August 1794, he was ordered to attend as a Juror at Morganton Superior Court on the first of September at Wilkes County, North Carolina.30

     Like his father, William Petty Jr. was a Baptist minister.31

     On 4 May 1795, he as ordered to attend the next County Court as a juryman at Wilkes County, North Carolina.32

     On 3 August 1795, he served on the Grand Jury at Wilkes County, North Carolina.33

     On 3 May 1796, he served as a juryman in a case entitled John Allen vs. Andrew Bryan at Wilkes County, North Carolina.34

     On 14 May 1796, Rev. William Petty and his son William were sent to assist in the constitution of Deep Ford, or Reddies' River, Church in Wilkes County in respose to a petition.35

     On 3 August 1796, he served as a juryman in a case entitled Andrew Baird vs. Richard Owen in Wilkes County.

     Also, in the same court session, he served on the jury in a case entitled Rachel Young vs. John Nisbit. It was a complicated property case after which the jury found the right of property vested in John Nisbet.36

     On 4 May 1797, he served as a juryman in a case entitled John Parsons vs. John Livingston - Certiorari at Wilkes County, North Carolina.37

     On 1 October 1798, William Petty conveyed to William Fletcher 200 acres of land for 100 pounds of tobacco on Cub Creek, Thomas Rodgers line, adjacent the Moravian line, John Greers line, William Gilreaths line, condt. line between James Chaney and Reeves.38

     On 19 February 1800, William added another 100 acres on Warrior Creek as a grant from the State of North Carolina.39

     On 10 December 1803, he received North Carolina Grant 2451 for 100 acres on the watershed of Warrior Creek and his own line in Wilkes County, North Carolina.40

     On 1 May 1804, he most probably is the Wm. Petty named in his presumptive father's will.41

     In 1809, John Wright Jr. and his brother, Daniel Wright, Lucy's brothers, were the first family members attracted to land in Alabama. Other family members bought land there later in 1810-1813.22

     On 4 January 1811, William witnessed his son, Eli's, purchase of 97 acres of land from Joel Branham for $100 (worth .$1,356.56 in 2012 dollars) at Wilkes County, North Carolina.42

     On 4 February 1811, he sold to his son, Eli Pettey, for $200 two tracts of land: 75 acres on Caleys Creek part of original survey 148 granted Benjamin Branham; and 75 acres on Richard Owens line and said William Pettys corner condt. line made between Joel Branham and Joseph Patton. However, no record can be found for his acquisition of this land.43,44

     In April 1814, William Petty was elected Deacon of Zion Hill in Wilkesboro, at Wilkes County, North Carolina.45

     It's possible that William went to present day Madison County, Alabama, in order to select a tract of land - still legally claimed by the Creek Indians who had lost the war with the settlers.22

     On 15 December 1815, William bought 1/4 section in Madison County, Alabama, for which he began making payments on this date. This amounts to 160 acres of land which had formerly belonged to Josiah Blackwell.46

     In 1816, "William Petty, junior, was pastor of Zion Hill Church in Wilkes County, and in the Yadkin Association of that year served on the Committee on Foreign Missions."47

     Circa 1817, they moved to a location at New Market, Madison County, Alabama.4

     In 1817, William and Lucy moved to Madison County, Alabama. The distance was about 313 miles and it probably took them about 19 days to make the journey. Most of William's daughters and sons made the trip to Alabama together except three or four of the oldest who had already established homes and remained in Wilkes County for awhile. Benjamin, who made the trip, later returned to Wilkes County to make his home.

     Nancy Pettey Hickerson was 33, but she probably did not make the trip. Eli was 32 and he continued to live in Yadkin Valley. Lazurus was 29 and John Wright was 27, but he did not come until 1825.48,49

     In 1821, William purchased 160 acres of land at Madison County, Alabama.50

     In July 1822, he purchased the personal estate of Major John Cook at Madison County, Alabama.51

     In 1823, he bought his first slaves and received his patent (final certificate #1011).
He bought more land in 1824 and another 160 acres in 1832.52

     On 9 September 1828, State of Alabama}      Know all men by thee presents that I William Petty of the County and
Madison County }      State aforesaid for and in consideration of the natural love and affection which I have for my grandchildren Amelia Martin Petty, Margretta W. Petty and Sarah L. Petty, daughters of my son Lazarus Petty of the state of Georgia have this day given granted bargained and sold and by these do give grant bargain and sell unto them my said grandchildren the following negro slave Ann aged ten years in witness whereoff (sic) I have this ninth day of September 1828 set my hand and seal
                    Wm Pettey (signed) (seal)
Witness:      Daniel H. Pettey
                    Gideon Northcutt
State of Alabama}      Personally appeared before me Thomas Brandon Clerk of the county court of
Madison County }      said county Daniel H. Petty one of the subscribing witnesses to the foregoing deed of Gift and being first duly sworn depose and saith that he heard William Petty whose name is subscribed to the said deed of Gift acknowledge the signing sealing and delivery of the same for the purpose therein contains on the day of its date and said deponent further states that he subscribed his name as a witness thereto in the present of the said William Pettey and in the presence of the other subscribing witness Given under my hand and seal at office in Huntsville this 9th day of September 1828           Thos. Brandon Clk (seal)
The foregoing Deed of Gift was delivered unto this office to be recorded the 9th day of September 1828 and is dully done the same day and year           Thos Brandon Clk at Madison County, Alabama.53

On 29 October 1832, State of Alabama
          Madison County
     On (this date) personally appeared in open court before the Judge of the Circuit Court now sitting William Petty a resident of the county of Madison and State of Alabama aged sixty eight years who being first duly sworn according to law, doth on his oath, make the following declaration, in order to obtain the benefit of the Act of Congress (?) June 7th 1832.

     That he entered the service of the United States under Genl Rutherford Colonel Armstrong and Capt. Absolom Bostick who was his immediate commander he marked from Surry County N. Carolina as a drafted militiaman through Salisbury from then to Cheraw Hills and somewhere in the neighborhood of Rugely's Mills he joined Genl Gates' army with which he remained until a few days before the engagement in which Gates was defeated he was detached with about 300 men under the command of Major Elisha Isaacs to inform (unsure of last word) Genl Sumpter whom he joined in the neighborhood of Camden and remained until his defeat - in this campaign he was in service about three months - after the close of which he was engaged in scouting parties until he again entered the service as a substitute for a man who name he has entirely forgotten - he however recollects that he was commanded by Major Francis Hargrove and Capt. Pinkston (?) after the close the last campaign he was engaged in guarding legislature of N. Carolina he was almost continually engaged in scouting parties which at that time was considered as very frustrating (unsure of previous word) service - he served more than six months but how long he does not know - during the first campaign he thinks Major Wingate Lewis and Major John Armstrong were in the same tour and in the regular service - he further states that he was frequently sent as express he has no documentary evidence of his service. He hereby relinquishes every claim whatever to a pension or annuity (?) - the present, and disclaims that his name is not on the pension roll of the agency of any state
Sworn to and subscribed,           William (his mark) Petty
the day and year aforesaid
in open court Seal (?) Clerk

     Interrogatories propounded to William Petty an applicant for a pension for service in the War of the Revolution
          Intg 1st . . When and in what year were you born?
          Ans. I was born in the county of Fauquier or Stafford State of Virginia I do not know which - on the 13th day of March 1764 -
          2nd . . Have you any record of your age and if so where is it?
          . I have a record in my family bible which I made myself from what my parents had told me -
          3rd . . Where were you living when called into service, where have you lived since the revolutionary war, and where do you live now
          Ans. I lived in Surry County N. Carolina when I entered the service - and continued to live there until the close of the revolutionary war - I then moved to Wilkes County N. C. and lived there until the year 1817 when I moved to Madison County Alabama Territory now state of Alabama and have lived there ever since and still do -
          4th . . How were you called into service; were you drafted, did you volunteer, or were you a substitute, and if so substitute for whom?
          Ans: I was once drafted and once a substitute but have entirely forgotten for whom - he was a stranger to me when I engaged as his substitute - I knew him afterward, but cannot recollect his name - I was at that time 16 years of age -
          5th . . State the names of com of the regular officers who were with the troops when you served; such continental and militia regiments - as you can recollect, and the general circumstances of your service -
          Ans. I cannot state now particularly than I have done in my declaration to which I refer in answer to the interrogatory -
          6th . . Did you ever receive a discharge from the service, and yes by whom was it given, and what has become of it?
          Ans. I never did received any discharge - it was at that time considered of no value -
          7 State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your service as a soldier of the Revolution.
          Drury Allen & Saml Chapman are present - any others to whom I am known I belive wish to do the same
                     (signed) Wm Petty

State of Alabama
Madison County      This day personally appeared in open court Daniel Wright who being duly sworn saith that he is well acquainted with William Petty who has subscribed and sworn to the foregoing declaration. That he has believes the facts therein stated are true - that he is reputed and believed in the neighborhood to have been a soldier of the revolution and this deponent concurs in that opinion - This Deponent further states that he resided in Surry County N. Carolina during the war of the revolution and knows that the said William Petty was frequently in service as a soldier in that war
Sworn to and subscribed
this 29th day of October 1832            (signed) Danl Wright

     We Drury M. Allan & Saml Chapman of Madison and Danl B. Turner residing in the county - also residing in said county hereby certify that we are well acquainted with William Petty who has subscribed and sworn to the foregoing declaration that we believe him to be sixty eight years of age - that he is reputed and believed in the neighborhood where he resides, to have been a soldier of the revolution and that we concur in that opinion
Sworn to and subscribed                Drury M. Allen
this 29 day of October 1832                D. B. Turner

In open court (?) (?)

     I William Eddins, a clergyman residing in the county of Madison & state of Alabama do hereby certify that I am well acquainted with William Petty who has subscribed and sworn to the above declaration that I believe him to be sixty eight years of age; that he is reputed and believed in the neighborhood where he resides, to have been a soldier of the revolution & that I concur in that opinion
Sworn to & Subscribed
the day & year aforesaid                 William Edd (seems longer surname) Senior

State of Alabama
Madison County
     And the said court doth hereby declare its opinion after the investigations of this matter & after putting the interrogatories presented by the War department that the same (?) applicant was a revolutionary soldier (?) as he states. And this court further certifies that he appears to the satisfaction of the court William Eddins senior who has deposed the (?) certificate is a Clergyman resident in this county of Madison State of Alabama & That Drury M. Allen & Samuel Chapman & D. B. Turner who have also deposed this (?) certificate are residents in the county of Madison state of Alabama are credible (?) (?) these statements as entitled to audit
                W. I. Adair

State of Alabama
Madison County      I Lemuel (?])lerk of the circuit court of said County do hereby certify that the foregoing contains the (?) proceedings that (?) in the month of the application of William Petty for a pension.

     In testimony whereof I (?) (?) set my hand and seal this 30th day of October 1832.

     The application was accepted and Wm. Petty was given a pension of $20 for his service in 1780 as a private for a period of six months.
War Department Revolutionary Claim.

     I certify that in conformity with the Law of the United States, of the 7th June, 1832, William Petty of the State of Alabama who was a Private in the war of the Revolution is entitled to receive Twenty dollars per annum, during his natural life, commencing on the 4th of March, 1831, and payable semi-annually, on the 4th of March, and 4th of September, in every year.
      Given at the War Office of the United States, this
      21st day of February
      one thousand eight hundred and thirty-three
                (signed) Lew Cop
                Secretary of War

Examined and
Countersigned
      J. L. Edwards.54

     William Eli Petty left a will dated on 26 April 1834 in Madison County, Alabama. "I William Pettey of Madison County and the State of Alabama being of Sound mind and Judgement do make constitute and ordain this my last Will and Testament In Manner and form as follows That is to say
     Item 1st     Whereas I have already given to my Daughter Nancy Hickerson the Sum of two hundred and fifty dollars, also to my son Eli Pettey the sum of two hundred and fifty dollars and likewise to my son Lazarus Pettey the sum of three hundred dollars, and also to my son John Wright Pettey the amount of three hundred dollars, as also to my son Zachariah Pettey the sum of four hundred dollars, also to my Daughter Amelia Carleton the amount of three hundred dollars, also to my son William Thornton Pettey the amount of three hundred dollars and I have also given to my son James William Pettey the amount of three hundred dollars Also my son Thomas More Pettey the sum of three hundred dollars, also to my son Benjamin Franklin Pettey the amount of four hundred fifty dollars also to my Daughter (Eliza) Eastland to the amount of three hundred Dollars.
     Item now It is my Will that my beloved wife Lucretia Pettey at my death shall have the mansion house and as much Land where I now live as it is no smaller that her handy negroes can cultivate, also the houshold (sic) furniture and as much of the live Stock and as many of the plantation tools as she may desire, also three negroes, viz, Lewis, Richman and Sally during her natural life, at her death to go to my legal heirs.
     Item It is also my will that my youngest son Daniel Harrison Pettey at my death shall have the plantation I now live on except the part I have willed to my beloved wife which she is to hold during her natural life and at her death to fall back to my said son Daniel.
     Item I give to my son John Wright Pettey in trust a tract of land of eighty acres being and lying the County and State before mentioned for the use and benefit of my Daughter Amelia Carlton and her increas (sic) and to be appropriated to no other man to have and to hold said tract of Land whereon my said Daughter Amelia now lives
     Item It (?) desire that a forty acre tract of Land which I now hold Lying the County of Madison Joining John Wright and Zachariah Pettey be sold at my death on a credit one, two and three years
     Item It further my wish my Executor shall sell a certain tract of Land of eight acres which I hold Jackson County in said State at private sale to best advantage for my heirs
     Item It is my desire that all my property not otherwise disposed of in this my last will at my death shall be sold by my executors hereafter to be named on a twelve months credit and to be divided amongst all my legal heirs after making each share hereafter given equal to five hundred dollars except my Daughter Amelia Carlton whom I conceive has received her five hundred dollars and afterwards the Ballance of surplus funds to be equally divided amongst my legal heirs except the part that will go to my Daughter Amelia Carlton which I wish to be(p?) to John Wright Pettey for her use
Lastly I appoint my son John Wright Pettey and Zachariah Pettey Executors of this my last will and testament - In Testimony whereof I have hereunto set my hand and affixed my seal this twenty sixth day of April in the year of our Lord 1834.
Signed seal and acknowledge in the                              Wm Pettey (Seal)
presence of     Jon Wright - Sr
          Dan Wright
          Augustin Spain.55

     William Eli Petty died on 26 September 1834 at age 70 in Madison County, Alabama,56,57,58,8 and was buried in Petty Gravesite, Madison County, Alabama.
     "On the side of a road near Blutcher's Ford in Madison County is a tombstone with the following inscription: 'IN MEMORY OF WILLIAM PETTEY, BORN MAR. 13 1764, DIED SEPT. 26 1834.'

     The burial site is on Macon Road, near Huntsville, Alabama. Two graves are located at the roadside near a cornfield where there is a monument.59

     His estate was probated on 26 January 1835 in Madison County, Alabama. "The State of Alabama
          Orphans Court of Madison County the 26th day of January 1835
     The Last Will and Testament of William Pettey deceased was this day duly presen by the oaths of John WRight Senr and Augustus Spain two of the Subscribing witnesses to said Willl and by the Deposition of Daniel Wright the other Subscribing witness hereto ordered to be recorded (see Minute Book no Page 150) Pursuant to said Order said Last Will was duly recorded the 11th day of March 1835
                    Rich B Purdon Clerk CG.55

     William Eli Petty's estate was inventoried and appraised on 19 February 1835 at Madison County, Alabama, The inventory and appraisal was $6,393.50 (worth $146,949.78 in 2013 dollars.)55

Census and Occupation

DateEnumeration and OccupationLocation
1790with two free white males 16 and over; three free white males under 16; and, two free white females. There were no slavesWilkes County, North Carolina60
1800with three free white males under 10; two free white males 10 through 15; one free white male between 26 and 44; two free white females under 10; one free white female 10 through 15; and one free white female 126 through 44 years of ageMorgan, Wilkes County, North Carolina61
1810as William Petty Esq. with a household consisting of three white males under 10; one white male 10 through 15; two white males between 16 and 25; one white male 45 and older; one white female under 10; 1 white male between 10 and 15; and one white female 45 or older and seven slavesWilkesboro, Wilkes County, North Carolina62
1830with one white male between 15 and 19; one white male between 20 and 29; one white male between 60 and 69 (himself); and, one white female between 60 and 69 (his wife). It also held: two male slaves under 10; one male slave between 10 and 23; two male slaves between 24 and 35; one male slave between 36 and 54; one female slave between 10 and 23; and, three female slaves between 36 and 54. The total number of slaves were ten and the entire household numbered fourteenMadison County, Alabama63

Citations

  1. [S2993] Paschal, George Washington. History of North Carolina Baptists, II (North Carolina Baptist State Convention: North Carolina General Board, 1955), page 154. "In response to the petition laid before the church on May 14, 1796, Rev. William Petty and his won Eilliam were sent to assist in the consitution . . ".
  2. [S2986] Pettey, Harry, Medlin, Dorothy and Parks, Vivian. The Pettey's of East Texs (Longview: H.P., n.d.), page 40.
  3. [S2993] Paschal. Hist. of NC Baptists, II, page 132 in footnote 3 and page 154.
  4. [S3777] Barr, James Houston. Lt. Colonel Nathaniel Pope, c1610-1660 - Ancestor of Washington and Governors (Louisville, Kentucky: J.H.B., 2013), page 32.
  5. [S2968] Frost, W. W. The Frosts and Related Families of Bedford County, Tennessee (Knoxville: W. W. F., 1962), page 96 . Mr. Frost states that the information on the Wright and related families for four generations comes from "Some Descendants of Richard Wright, Gentleman of London, England, and Northumberland, Virginia," published in 1919 Tyler's Quarterly Historical and Genealogical Magazine, Volume 1, pages 127 and 177 and from "the Washington-Wright Connection and Some Descendants of Major Francis and Anne (Washington) Wright, published in three volumes in 1923 as The Washington Ancestry . . and Forty Related Families." Both the article and the book were written by Charles Arthur Hoppin a genealogist of note.
  6. [S2966] William Petty, pension application S17016; digital images, (NARA: Washington, D. C.), online at https://www.fold3.com/image/25902022: downloaded 14 Aug 2011) page 6, imaged from Revolutionary War Pension and Bounty-Land Warrant Application Files, National Archives microfilm publication Record Group 15, Series M804, roll 1921.
  7. [S3034] Chumbley, George W.. "Middle Tennessee's Unpublished Bible Records: Pettey Family Bible," Middle Tennessee Journal of Genealogy & History, vol. 9, no. 4 (Spring 1996): page 172, quoting from page 678 of the family Bible. The Holy Bible, Containing the Old and New Testaments: Together with the Apocrypha. Translated out of the Original Tongues, and with the Former Translations Diligently Compared and Revised. By the Special Command of his Majesty King James I, of England. Philadelphia: Printed and Published by Mathew Carey, No. 122 Market-Street, 1812. The accuracy of the transcription was compared and found to be a true copy of Connie McKay, Notary Public, whose commission expires 10/28/80. This bible was formerly owned by Daniel Harrison Petetey and copi8ed in 1959 by Mrs. Ida Stimpson Miller of Dallas about a year before her death at 88. Mrs. Miller was Daniel Harrison Pettey's granddaughter.
  8. [S3843] "Tennessee Bible Records", contributed by Tennessee State Library and Archives, online at https://tnsos.net/TSLA/Bibleproject/ , website address verified 13 Jul 2019, accessed 28 Jul 2014.
  9. [S2986] Pettey, Medlin and Parks, Pettey's of East TX, page 38.
  10. [S3188] Beverly, Ralph and Catherine. Colonial Families of the Northern Neck of Virginia, 3 (Lewes: Colonial Roots, 2007), page 198.
  11. [S2966] William Petty, pension application S17016, https://www.fold3.com/image/25902022, pages 4-10.
  12. [S2986] Pettey, Medlin and Parks, Pettey's of East TX, page 41.
  13. [S2966] William Petty, pension application S17016, https://www.fold3.com/image/25902022, page 14. Citing Affidavit of Lucy Petty.
  14. [S3034] Chumbley. "Pettey Family Bible", page 172, quoting page 677 of the family Bible.
  15. [S3843] "TN Bible Recds.," online https://tnsos.net/TSLA/Bibleproject/ , accessed 28 Jul 2014.
  16. [S2986] Pettey, Medlin and Parks, Pettey's of East TX, page 43; citing Wilkes County Deed Book C-1, page 34.
  17. [S3008] Absher, Mrs. W. O., abstractor. Deed Book C-1, Wilkes County, North Carolina, Deeds and Grants - 1782-1803 (Wilkesboro: The Genealogical Society of the "Original" Wilkes County, n.d.), page 4; citing page 34.
  18. [S2982] Absher, Mrs. W. O. and Sidden, Mrs. W. C., abstractors. County Court Minutes, Wilkes County, North Carolina (25 January 1785 - 1 November 1788), II (North Wilkesboro: Wilkes Genealogical Society), page 32.
  19. [S2982] Absher and Sidden. Wilkes Co., NC Court Minutes, II, page 40.
  20. [S2986] Pettey, Medlin and Parks, Pettey's of East TX, page 42.
  21. [S2983] Absher, Mrs. W. O., abstractor. Wilkes County, North Carolina Court Minute Abstracts (1789-1793), III (North Wilkesboro: Wilkes Genealogical Society, 1975), page 4.
  22. [S2986] Pettey, Medlin and Parks, Pettey's of East TX, page 43.
  23. [S2983] Absher. Wilkes Co., NC Court Minutes, III, page 22.
  24. [S2983] Absher. Wilkes Co., NC Court Minutes, III, page 31.
  25. [S2983] Absher. Wilkes Co., NC Court Minutes, III, page 35.
  26. [S2983] Absher. Wilkes Co., NC Court Minutes, III, page 38.
  27. [S2983] Absher. Wilkes Co., NC Court Minutes, III, page 49.
  28. [S2983] Absher. Wilkes Co., NC Court Minutes, III, page 50, where his surname is spelled Pettey.
  29. [S2984] Absher, Mrs. W. O., abstractor. Wilkes County, North Carolina Court Minute Abstracts (1794-1797), IV (North Wilkesboro: Wilkes Genealogical Society), page 3.
  30. [S2984] Absher. Wilkes Co., NC Court Minutes, IV, page 9.
  31. [S2981] Hickerson, Thomas Felix. Echoes of Happy Valley: Letters and Diaries Family Life in the South, Civil War History (Chapel Hill: T. F. H., 1962), page 175 . Thomas Felix Hickerson was Kenan Professor Emeritur, University of North Carolina.
  32. [S2984] Absher. Wilkes Co., NC Court Minutes, IV, page 18.
  33. [S2984] Absher. Wilkes Co., NC Court Minutes, IV, page 21.
  34. [S2984] Absher. Wilkes Co., NC Court Minutes, IV, page 30.
  35. [S2993] Paschal. Hist. of NC Baptists, II, page 154.
  36. [S2984] Absher. Wilkes Co., NC Court Minutes, IV, pagse 30 and 35, where his surname is spelled Pettie.
  37. [S2984] Absher. Wilkes Co., NC Court Minutes, IV, page 49.
  38. [S3008] Absher. Wilkes Co., NC Deed Bk C-1, page 29; citing pages 261-262.
  39. [S2986] Pettey, Medlin and Parks, Pettey's of East TX, page 43; citing Wilkes County Deed Book F-1, page 232.
  40. [S3009] Absher, Mrs. W. O., abstractor. Deed Book F-1, Wilkes County, North Carolina, (1778-1807) (Wilkesboro: The Genealogical Society of the "Original" Wilkes County, n.d.), page 31; citing page 232.
  41. [S2963] McGhee, Lucy Kate, abstractor. Historical Records of the Blue Grass Region of Kentucky Clark County - Winchester - Edition of Wills Formed From Fayette ad Bourbon Counties 1792, Fayette and Bourbon Counties from Virginia 1780 (Washington: L.K.M., n.a.), page 15, citing Will Book 1, page 41.
  42. [S3010] Absher, Mrs. W. O., abstractor. Deed Book G-H, Wilkes County, North Carolina, (Deeds and Grants - 1782-1815) (North Wilkesboro: The Genealogical Society of the "Original" Wilkes County, n.d.), page 24; citing page 163.
  43. [S2986] Pettey, Medlin and Parks, Pettey's of East TX, page 43; citing Wilkes County Deed Book G and H, page 162.
  44. [S3010] Absher. Wilkes Co., NC Deed Bk G-H, page 24; citing Deed Book G-H, page 162.
  45. [S726] Hayes, Johnson J.. The Land of Wilkes (Wilkesboro: Wilkes County Historical Society, 1962), page 250.
  46. [S2986] Pettey, Medlin and Parks, Pettey's of East TX, pages 4344; citing Patent Tract Book, Madison County, Alabama Records, vol. 195, page 89.
  47. [S2993] Paschal. Hist. of NC Baptists, II, page 132.
  48. [S2968] Frost. Frosts & Related Families, page 96; accessed 15 Aug 2011.
  49. [S2986] Pettey, Medlin and Parks, Pettey's of East TX, page 44.
  50. [S2986] Pettey, Medlin and Parks, Pettey's of East TX, page 4, citing Madison County, Alabama Deed Book H, page 372.
  51. [S2986] Pettey, Medlin and Parks, Pettey's of East TX, page 4, citing Madison County, Alabama Volume 163, page 23, Probate Record 2, page 356.
  52. [S2986] Pettey, Medlin and Parks, Pettey's of East TX, page 4, citing Alabama records, Vol. 195, page 90.
  53. [S3142] Madison County, Alabama Deed Records, Vols L-M 1827-1830, FHL Film 1,305,811, microfilm of original records in the Madison County courthouse, Huntsville, Alabama.
  54. [S2966] William Petty, pension application S17016, https://www.fold3.com/image/25902022, page 17.
  55. [S3848] "Alabama, Probate Records, 1809-1985," index and images, The Church of Jesus Christ of Latter-day Saints, FamilySearch ( https://familysearch.org/ark:/61903/3:1:33S7-9B3T-BQP?i=422&wc=M6DK-R38%3A220032201%2C220586201&cc=1925446 ), William Petty, 1834; citing Madison County Probate Records 1832-1837, vol. 6-7, images 423-424 of 717 (pages 61-62): accessed 27 Apr 2014.
  56. [S2966] William Petty, pension application S17016, https://www.fold3.com/image/25902022, page 22.
  57. [S3034] Chumbley. "Pettey Family Bible", page 172, quoting from page 679 of the family Bible.
  58. [S3035] Anonymous. "Alabama Genealogical Records Committee DAR Records 1928-1929: Bible Record of Zachariah Pettey," Navarro Leaves and Branches, vol. 28, no. 1 (February 2005): page 16, citing page 117 on Alabama Genealogical Records Committee DAR Records.
  59. [S2702] Find A Grave. Database and images; accessed 27 Feb 2012, memorial page for William Eli Petty (1764-1834) at memorial page..., photograph of grave by judy chapman, maintained by Dmcclellan7; citing Petty Gravesite, Madison County, Alabama.
  60. [S5519] "United States Census, 1790," index and images, The Church of Jesus Christ of Latter-day Saints, FamilySearch ( https://familysearch.org/ark:/61903/1:1:XHKB-T4G ): accessed re-accessed 7 Aug 2019, Wm Petty, Wilkes, North Carolina, United States; citing p. 164, column 3, line 22, NARA microfilm publication M637, (Washington D.C.: National Archives and Records Administration, n.d.), roll 7; FHL microfilm 568,147.
  61. [S58] "1800 U. S. Federal Census," Wilkes County, North Carolina, Roll 33, page 57, line 19, William Petty household, digital image, citing National Archives microfilm M32. ProQuest's HeritageQuest Online. HeritageQuest moved their census data to Ancestry.com in 2015.
  62. [S5546] "United States Census, 1810," index and images, The Church of Jesus Christ of Latter-day Saints, (FamilySearch: https://familysearch.org/ark:/61903/1:1:XH2V-CYY ), entry for William Petty, Wilkesborough, Wilkes County, North Carolina, line 1, page 880, NARA microfilm publication M252 (Washington D.C.: National Archives and Records Administration, n.d.), roll 43; FHL microfilm 337,916, accessed 23 Jul 2018.
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