I still don’t know for sure, but…
Because of the common practices at the time (read more about that here), and the fact that at the most they can only be 19 years apart in age, I don’t believe Jesse Stallings Jr. was Josiah’s father.
If Jesse Jr. was Josiah’s father he likely would have worded the 1801 deed such that he identified him as his son. In fact, he did that very thing several years later. Here is a deed whereby Jesse Jr. conveyed property to his son Etheldred in 1814.
The State of South Carolina
Barnwell County Deed Book I, page 155
Barnwell District
Know all men by these presents that I Jesse Stallings of s’d District and State aforesaid. For and in consideration of the sum of five hundred dollars and Love and good will I have for my son Felldread[sic] Stallings I have granted bargained sold and by these presents do bargain sell and release unto the said Felldread[sic] Stallings my son all that plantation or tract of land containing two hundred acres more or less originally granted to Daniel Green situate in the district of Barnwell lying on Tims’s branch on the upper side of the upper three runs waters of Savannah River having such shapes forms and marks as will fully appear by a grant – And be to Remembered and fully understood that at my decease my son Felldread[sic] Stallings shall have possession and not before of said Land. And if I should die before my son Fell Dread Stallings shall have come to the age of Twenty One, then my Daughters Winney Stallings Judith Stallings Candis Stallings Nancy Stallings Happy Stallings Sarah Stallings shall have an equal part of the profits of said land till my son comes of age – Together with all and singular the rights, [illegible] hereditaments and appurtenances to the s’d premises belonging unto the s’d Fell Dread[sic] Stallings his Heirs and assigns and I do bind myself my heirs executors and administrators to warrant and forever defend the said premises against myself and every other person lawfully claiming or to claim any part or parcel thereof as Witness my hand and seal this the 31st Day of December in the year of our Lord One thousand Eight Hundred and fourteen and in the 39th year of the Independence of the United States of America.
Signed sealed and delivered his
In preasants[sic] of us Jesse X Stallings
E.B. Bush mark
Lewis Weathersbee
South Carolina
Barnwell District
Personally came before me E. Bryan(t) Bush who being duly sworn sayeth that he was present saw Jesse Stallings make his mark for the purpose within mentioned and that he subscribed his name together with Lewis Weathersbee as witnesses at the same time.
Sworn to before me this 31st
Day of December 1814 E.B. Bush
Wm. Bibb J.P.
I believe it is very likely that Jesse Jr. and Josiah were brothers. Perhaps Jesse Jr. was a legitimate son born from a marriage between Jesse Sr. and his mother (name unknown). Being the only legitimate son would have enabled Jesse Jr. to inherit his father’s property without the need for a probate, and there were no other legitimate heirs to challenge it in a court of equity. There are between 12 and 19 years between Jesse Jr. and Josiah. Perhaps Jesse Sr.’s wife died and he didn’t marry Susannah Moody. Here is a deed whereby Jesse conveyed to his daughters whom he refers to with the surname “Odom Stallings.”
State of South Carolina
Barnwell County Deed Book K, page 309
Barnwell District
Know all men by these presents that I Jesse Stallings of the State and District aforesaid for the love and affection which I hear for my five Daughters to wit, Winny Willson Judith Odom Stallings Candy Odom Stallings Nancy Odom Stallings Happy Stallings and for the consideration of the sum of ten Dollars to me in hand paid by my five said Daughters to wit Winny Wilson Judith Candis Nancy and Happy hath bargained and Sold Give Deeded and delivered and by these presents do bargain sell Give Deed and Deliver unto my said five Daughters with this condition that they shall pay unto my Daughter Sarah Stallings when she shall arrive to the Age of twenty One or Married the sum of fifty Dollars then after my death my five Daughters to wit Winny Wilson Judith Odom Candis Odom Nancy Odom and Happy Stallings shall be and remain in full possession of my four Negroes Namely Fany and her future issue Silles and his issue Will and Daniel together with all my Stock of Horses Cattle and Hogs with the increase and also all my Household and kitchen furniture to have and to hold all and Singular the Premises above mentioned unto my said four Daughters (to Wit) Winny Willson Judith Candis Nancy and Happy Stallings their heirs and assigns forever Given under my hand and Seal this 29th day of August 1818. Also all the improvements that is made upon my lands from the 29th day of August 1818 until my death my Daughter shal have an Equal part of the same what it may be valued at and Signed in the presents[sic] of us.
E.B. Bush his
Lewis Weathersbee Jesse X Stallings
mark
South Carolina
Barnwell District
Personally came before me Bryant E. Bush and he being duly Sworn as the law directs saith on his oath that he was present and Saw Jesse Stallings make his mark to the within Deed and also saw him Deliver the said Deed to Winny Wilson Judith Odom Stallings Candis Odom Stallings Nancy Odom Stallings and Happy Stallings for the use and purpose within mentioned and also saw Lewis Weathersbee subscribe his name as an Evidence of said Deed with my Own name Sworn to before be 29th August 1818.
Thomas Morris J.P.
E.B. Bush
Recorded the 11th Sept 1818
It’s also possible that they are cousins. But there does seem to be a close connection between Stallings and Moody and Odom. John and Joel Moody were neighbors of Jesse Sr.’s in Franklin County, NC. (I have never been able to locate Susannah Moody.) And remember the Shadrack Odom Revolutionary War indent?
One possible reason for the wording in those crazy deeds is so that Josiah and John would thereafter be legally known by the father’s surname. There were no laws to facilitate name changes in the county courts at that time. Name changes in the early 19th century were granted by the legislature. There is no mention of name changes for Stallings, Moody or Odom in the legislative documents to 1836 that I can find.
It makes sense, then, that Jesse Jr. would convey land to “Josiah Stallings called son of Susannah Moody” in order to “legalize” Josiah’s use of the Stallings surname. The fact that Josiah then conveys to “John Stallings called son of Candace Odom” in exactly the same way also may support the theory that Jesse is not Josiah’s father. Josiah is clearly not John’s father, based on their respective ages.
Another reason that it makes sense to conclude they are brothers is that you can see a pattern of naming children after one’s siblings amongst the immediate family members at that time.
One possible fly in this ointment is that Jesse Sr. would need to be alive in 1771 or later, when Josiah was born. John was born in about 1787.
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