Descendants of Rebellion

Thomas Chisolm of Burke County, Georgia

sherriecork — Tue, 17 Dec 2024 00:30:33 +0000

Thomas Chisolm[1] of Burke County, Georgia, was appointed Georgia’s first Surveyor General by the Executive Council in 1777, following Georgia’s transition from a province to a state after the Declaration of Independence and the start of the American Revolution. [2] He was a commissioned officer of the Georgia Continental Line.[3] In 1776, he married Mary Butler, the daughter of Joseph Butler and widow of Thomas Spencer.[4] Thomas and Mary had one son, George Washington Chisolm, who was the progenitor of Chisolms who migrated to Mississippi. [5] Thomas Chisolm died on his plantation in Burke County in 1789.[6] John Milton and William Few were the executors of his estate.[7]

For the past several decades, it was thought that Thomas Chisolm of Burke County was the same individual as Thomas Chisholm born to Reverend Thomas Chisholm of Teawig in Kilmorack, Inverness-shire, Scotland. A recent article in Clan Chisholm Journal by Robert Chisholm challenged the claim, sparking controversy amongst Chisolm descendants.[8] Thanks newly discovered evidence, the argument can be settled.

The Origin of the Thomas Chisolm Myth

Rev. Thomas Chisholm of Teawig married Magdalen Cuthbert.[9] He had at least nine children, all of whom were born in Scotland between 1719 and 1736, including a son Thomas Chisholm baptized in 1730.[10] The baptism records identified the children’s father as Thomas Chisholm, minister of the gospel at Kilmorack, so there is no dispute about the identity of the father amongst individuals of the same name in Scotland.

Magdalen Cuthbert’s sister Ann Cuthbert[11] immigrated to Georgia and married Dr. Patrick Graham there in 1740. [12] After Dr. Graham’s death in 1755, Ann Cuthbert married James Bulloch[13] and made a will in Georgia in 1762, which left a bequest “to my two nephews John and Thomas Chisolm sons of the Rev’d Mr. Thomas Chisolm late minister of the gospel at Kilmorack…”.[14]

In 1984, genealogist Meredith B. Colket, Jr. published an article in the National Genealogical Society Quarterly titled “Chisholm Families in the American Colonies.”[15] Colket suggested that Thomas Chisolm of Burke County may be the son of Rev. Thomas Chisholm of Teawig. Colket cited Ann Cuthbert’s will. He suggested it was “plausible that the wife of the Rev. Thomas died or some other situation induced Ann to bring his two youngest sons to this country to bring them up herself.”[16]

Thomas Chisolm in Georgia Society

The link between Thomas Chisolm of Burke County and associates of Ann Cuthbert, who were members of Georgia’s elite and ruling class, supported the assumption that he was Ann Cuthbert’s nephew. Thomas Chisolm was first documented in Savannah, Georgia, in 1770 when he was recorded as a deputy surveyor under Henry Yonge who married James Bulloch’s daughter Christiana.[17] Henry Yonge succeeded Noble Wimberly Jones whose daughter Mary married James Bulloch after Ann Cuthbert died.[18]

Thomas Chisolm was commissioned as a Captain in Georgia’s Continental Line[19] in 5^th Company with Second Lieutenant Daniel Cuthbert.[20] He was appointed a member of the Executive Council when James Bulloch’s son Archibald Bulloch was elected Governor.[21] John Houstoun was a fellow council member and the son of Sir Patrick Houstoun. Ann Cuthbert’s cousin George Cuthbert was one of the appraisers of Sir Patrick’s estate.[22] Thomas Chisolm served as Justice of the Peace and appointed Surveyor General in 1777.[23] In documents, Thomas Chisolm was consistently identified as “Esquire” or “Gentleman,” indicating his position amongst Georgia’s elite.

The Thomas Chisolm Myth is Dispelled

Several years ago, a 1764 marriage in Scotland was discovered between Rev. Thomas Chisholm’s son Thomas Chisholm and Ann McLean the daughter of John McLean minister at Kintail.[24] Ann Cuthbert’s will did not identify where her nephews lived; however, the 1764 marriage proved Thomas Chisholm was still in Scotland when Ann Cuthbert signed her will. The marriage also proved that if Rev. Thomas Chisolm’s son immigrated to America, he did so as an adult after Ann Cuthbert died, rendering Colket’s assumption about the nephews’ immigration as children incorrect. Although the 1764 marriage did not preclude a later immigration to America.

This author then located previously unexploited Scottish records, which revealed a case file about a debt of Ann McLean’s brother Alexander.[25] The first page of a reply filed in 1787 reads:

“…Ann Maclean [sic] residenter at Bridge-end of Beuly [sic] relict[26] of Thomas Chisholm tacksman of Lenzie [sic]…”[27]

Scottish genealogist, Lorna Kinnaird, was consulted to provide historical context, geographical knowledge, and explanations of Scottish terminology.[28] “Lenzie” in the 1787 document is believed to be “Leinassie,” which was near Kilmorack and Beauly in the 18^th century.[29] The document states Ann McLean lived in Bridge-end of Beauly, which is in the same neighborhood as Teawig, Kilmorack, and Leinassie.[30]

Two birth register entries from Kilmorack were located for children born to “Thomas Chisholm taksman [sic] of Lenassie [sic]” in 1765 and 1767.[31] The mother is not identified. The birth registers, considered together with the marriage record and the 1787 reply, placed Thomas Chisholm in Scotland married to Ann McLean at least between 1764 and 1787.[32]

A 1755 bond was discovered whereby Thomas Chisholm was the surety for his father and brother. The bond contains the original signatures of Rev. Thomas Chisholm and his two sons Thomas Chisholm and David Chisholm. Certified forensic document examiner Brenda Petty[33] was retained to analyze these signatures and compare them to original signatures by Thomas Chisolm of Burke County.[34] Brenda Petty’s expert opinion is that the signatures do not match.[35]

Snippet of the son Thomas Chisholm’s signature from Thomas and David Chisholm vs. Hugh Fraser[36]

Courtesy of National Library of Scotland

Snippet of Thomas Chisolm’s signature from Georgia Bond of Nehemiah Wade [37]

Courtesy of Digital Library of Georgia and Hargrett Library

The Truth About Thomas Chisolm

Despite the mention in Ann Cuthbert’s Georgia will, and the connection between Thomas Chisolm of Burke County and Ann Cuthbert’s associates, new evidence discovered in Scotland exposed that Thomas Chisholm son of Rev. Thomas Chisholm died in Scotland sometime between 1766 and 1787, indicated by the time of his wife’s second pregnancy and the 1787 document identifying Ann McLean as his widow. Records in Georgia prove Thomas Chisolm of Burke County was alive and well between 1770 and 1789. Additionally, signatures on original documents created in Georgia and Scotland do not match.

Thomas Chisholm son of Rev. Thomas Chisholm of Teawig is not the same man as Thomas Chisolm of Burke County, Georgia.

[1] Surname spellings vary, including: Chisholm, Chisolm, Chism, Cheesom, Chissom. In Scotland, Chisholm was used most often. Thomas Chisolm in Georgia is almost always recorded as Chisolm.

[2] Georgia Surveyor General Department Archives and Records Building, Georgia Surveyor General Department, pamphlet (Georgia: Ben W. Fortson, Jr.), p. 1. Also, Allen D. Candler, The Revolutionary Records of the State of Georgia, 3 vols. (Atlanta: The Franklin-Turner Company, 1908), 2:28, digital images, FamilySearch.org

[3] Francis Bernard Heitman, Historical Register of Officers of the Continental Army During the War of the Revolution, April, 1775, to December 1783, (Washington D.C.: W.H. Lowdermilk & Co., 1893), p. 123. In Heitman’s earlier edition of this work published in 1914, the entry for Thomas Chisolm is “Captain 1^st Georgia, 7^th January, 1776; Major 4^th Georgia, 1^st February 1777; Lieutenant-Colonel – Regiment, 21^st March, 1778, to –.”

[4] Georgia, Colonial Register of Records Bonds, Deeds of Gift, Bills of Sale, Powers of Attorney, book Y-2, Indenture Tripartite between Mary Spencer, Thomas Chisolm, Esq., and Shem Butler, Esq., microfilm drawer 40, box 36. Also, “Colonial Wills,” University System of Georgia, Virtual Vault, (https://vault.georgiaarchives.org : accessed 7 November 2023), image copy, “Butler, Joseph.”

[5] “File II Names Collection,” University System of Georgia, Virtual Vault, (https://vault.georgiaarchives.org : accessed 7 November 2023), image copy, “Butler, James,” p. 1-4; documents removed from original files in the 1930s and placed in alphabetical files, provenance unknown.

[6] “Mortuary Notice,” Georgia Gazette, 24 may 1764; image copy, GenealogyBank (https://www.genealogybank.com : accessed 18 October 2023) Historical Obituaries.

[7] “Advertisement,” Georgia Gazette, 7 January 1792; image copy, Newspaper Arvhive (https://www.newspaperarchive.com/ : accessed 28 August 2024).

[8] Robert Chisholm, “DNA Project Report 2022,” Clan Chisholm Journal (Number 65): 54.

[9] Thomas Chisholm Instrument of Sasine, Inverness, RS003800011, p. 58, 324, 326, “Secretary’s and Particular Registers of Sasines For Sheriffdoms of Inverness, Ross, Cromarty and Sutherland,” scanned image of original document, National Records of Scotland. Teawig was also called Boghouse. A sasine is a Scottish deed of conveyance document for the transfer of feudal lands. In Scottish records, women were recorded with their maiden name, even after marriage.

[10] Robert, Alexander, David, James, John, Anna, Thomas, Jean, and Primrose Chisholm, baptisms, Old Parish Registers (OPR), Parish of Kilmorack, Inverness, National Records of Scotland (https://www.scotlandspeople.gov.uk/ : accessed 20 September 2022), digital images of original documents.

[11] Scottish birth records were inconclusive to prove Magdalen Cuthbert and Ann Cuthbert were sisters. Magdalen Cuthbert was identified as Rev. Thomas Chisholm’s wife in the sasine cited above. Ann’s will identified Rev. Thomas Chisholm’s sons as Ann Cuthbert’s nephews, which suggests Rev. Thomas Chisholm’s wife Magdalen Cuthbert was Ann Cuthbert’s sister.

[12] Allen D. Candler, The Colonial Records of the State of Georgia, vol. IV “Stephens Journal”, (Atlanta: The Franklin-Turner Company, 1906), 526; digital images, Internet Archive (https://archive.org : accessed 1 June 2024). Merton E. Coulter and Albert B. Saye, editors, A List of the Early Settlers of Georgia. (Athens: The University of Georgia Press, 1949), p. 76.

[13] Will of Patrick Graham (1755); “Colony of Georgia – Will Books,” database with images, University System of Geogia, Virtual Vault (https://vault.georgiaarchives.org/: accessed 7 November 2023). Also, Georgia, Colonial Register of Records Bonds, Deeds of Gift, Bills of Sale, Powers of Attorney, book O-180, marriage contract between James Bulloch, of Granville Co., S.C., and Mrs. Ann Graham, of Savannah, Georgia; microfilm drawer 40, box 36.

[14] Will of Ann Bulloch (1762); “Colony of Georgia – Will Books,” database with images, University System of Geogia, Virtual Vault (https://vault.georgiaarchives.org/: accessed 7 November 2023).

[15] Meredith B. Colket, Jr., F.A.S.G., “Chisholm Families in the American Colonies,” National Genealogical Society Quarterly, Vol. 72, No. 2 (1984): 83-112.

[16] Ibid., Meredith B. Colket, Jr., p. 86.

[17] Dr. J.G.B. Bulloch, A History and Genealogy of the Families of Bulloch and Stobo and of Irvine of Cults (Washington D.C.: Press of Byron S. Adams), 14. George White, Historical Collections of Georgia (New York: Pudney & Russell, 1855), 40. The reference to Thomas Chisolm on page 40 is part of the chapter “Georgia Roll,” which is a list of names and related data the author transcribed from a privately held original document that recorded men with their occupation.

[18] Ibid., Dr. J.G.B. Bulloch.

[19] Later promoted to Major and possibly Lieutenant-Colonel.

[20] George White, Historical Collections of Georgia (New York: Pudney & Russell, 1855), 94.

[21] Allen D. Candler, The Revolutionary Records of the State of Georgia, 1: 306. Bulloch died 22 Feb 1777, the same day he was elected. A.E. Sholes, compiler, A Chronological History of Savannah (Savannah, Georgia: The Morning News Print, 1900), 57.

[22] Ibid., Allen D. Candler.

[23] Ibid., Georgia Surveyor General Department.

[24] Thomas Chisholm, marriage, Scotland, Old Parish Registers (OPR), Parish of Kilmorack, Inverness, National Records of Scotland, 100/ 10 563 Kilmorack (https://www.scotlandspeople.gov.uk/ : accessed 20 September 2022), digital image of original document. The marriage record identified Thomas Chisholm as the son of Rev. Thomas Chisholm, and it identified Ann McLean as the daughter of John McLean, minister at Kintail, Ross-shire, Scotland.

[25] Three of Ann McLean’s brothers are named in the 1787 document: Alexander, Kenneth, and Hugh. Vital records could not be located for any of the brothers; however, the children of John McLean minister at Kintail are listed by Hew Scott in Fasti ecclesiae scoticanae; the succession of ministers in the Church of Scotland from the reformation. Scott omits a brother named Hugh but Alexander, Kenneth, and Ann are recorded by Scott as children of John McLean. Hew Scott, Fasti ecclesiae scoticanae; the succession of ministers in the Church of Scotland from the reformation, (Edinburgh: Tweeddale Court, 1928), 39.

[26] Relict means widow.

[27] Ann McLean vs. Colin MacLaren, CS271/44161, “Court of Session: Bill Chamber Processes, Old Series” scanned image of original document, National Records of Scotland.

[28] Lorna Kinnaird is an accredited member of the Association of Scottish Genealogists & Researchers, Fellow of the Society of Antiquaries of Scotland, member of Register of Qualified Genealogists; she holds a postgraduate diploma in Palaeographic, Heraldic & Genealogical Studies from Strathclyde University and a Higher Certificate in heraldic & Genealogical Studies from the Institute of Heraldic & Genealogical Studies in Canterbury.

[29] Map of Leinassie, Fairly, Torrin Auchtin, Knock-Bain & Kyle-na-Clea, National Records of Scotland, (https://maps.nls.uk/view/188056163/ : accessed 28 Augsut 2024), digital image of original document.

[30] Lorna Kinnaird, Scotland, to Sherrie Cork, email, 26 July 2024.

[31] Duncan Chisholm 28 December 1765 and Jean Chisholm 4 January 1767, births, Old Parish Registers (OPR), Parish of Kilmorack, Inverness, National Records of Scotland, (https://www.scotlandspeople.gov.uk/ : accessed 28 August 2024), digital images of original documents. Also, Scottish birth records reveal another Ann McLean and Thomas Chisholm pair in Scotland who are the parents of five children born in Kiltarlity parish between 1808 and 1817. This couple can be ruled out as Thomas Chisholm the son of Rev. Thomas Chisholm and Ann McLean the daughter of John McLean minister at Kintail because Ann would be over 70 years old in 1817, too old to bear a child. Barbara Chisholm, birth, 22 April 1808; Donald Chisholm, birth, 4 November 1809; Hugh Chisholm, birth, 6 September 1812; William Chisholm, birth, 21 August 1814; Ann Chisholm, birth, 6 March 1817, Old Parish Registers (OPR), Parish of Kilmorack, Inverness, National Records of Scotland (https://www.scotlandspeople.gov.uk/ : accessed 20 September 2022), digital images of original documents.

[32] Thomas Chisolm died sometime before the 1787 document was written, as evinced by Ann McLean’s being identified as his widow.

[33] Brenda Petty is a Certified Questioned Document Examiner with more than 15 years of experience and has reviewed over 43,890 signatures and handwritings, including historical documents; she is qualified to provide expert testimony in 13 states.

[34] Thomas Chisolm’s original signature appears on several documents held by the Georgia Archives.

[35] Brenda Petty Unlimited LLC “Handwriting Identification Information and Forensic Document Report: Thomas Chisholm aka Thomas Chisolm,” p. 5, report to Sherrie Cork, Fair Oaks, California, 3 July 2024; privately held.

[36] Ibid., Ann McLean vs. Colin MacLaren.

[37] “Telamon Cuyler Historical Manuscripts, 1609-1942,” University System of Georgia, Digital Library of Georgia (https://dlg.usg.edu/record/guan_1170_harg1170-038d-034 : accessed 7 November 2023), scanned image of original document, “Georgia. Governor John Adam Treutlen.”

California Archives Online

sherriecork — Sat, 05 Nov 2022 23:39:22 +0000

I’m a first generation Californian, so most of my family history research takes me to other states. But I used to do research for work at the State of California Archives building. If you’re a research nerd like me, you get immersed in archive collections no matter how relevant they are to your own projects.

California Archive Collections - Online Search

If you’re in the opposite situation and you’re in another state researching your ancestors in California, you might be in luck! California recently rolled out their new online search portal. I know. It’s a little late in the game for a tech savvy state like California. Oh, now you know the closely held secret of California natives: this state is not as tech savvy as you think! Anyway, check out the new portal!

Are You Ready for the 1950 Federal Census?

sherriecork — Wed, 22 Dec 2021 03:35:47 +0000

Federal census offers clues to finding your ancestors

We often find helpful details about our ancestors when we are lucky enough to locate them on a census. It’s especially helpful when we are able to track them through multiple consecutive censuses: “Oh look, they moved to Georgia!”

When I find my subject on every census from birth to death, I consider it a major research victory. It’s like opening a window to look out at the life they lived in another time.

But not all census records have survived and the most recent census available is 1940, at least until April 2022 when the 1950 census will be released to the public. A census is released to the public only after 72 years have passed from the day the census was taken. The United States censuses are held by the National Archives.

1950 Census Release Date

According to the National Archives, the pandemic will not delay the release because staff had begun work years ago to prepare the 1950 census for release. Almost all the microfilm had been scanned prior to the pandemic. Once the census is released, you’ll be able to view the images for free on the National Archives website, the same way you can view the 1940 census now. Check out their informative article to learn how to get ready to find your ancestors in April.

If you’ve gotten used to being able to conduct name searches on FamilySearch.org or Ancestry.com, you’ll probably need to wait a bit longer before the 1950 census is indexed, which will enable you to conduct name searches. Until then, you’ll need to click through the images to search for your subject.

Census Research Tips

Viewing the actual images is a good practice anyway, as the indexing isn’t always correct. Speaking of good practices, how about a few census research tips?

Read up on the background information available for each census. Things like the enumeration districts, the instructions provided to the census taker, the data collected, record losses. You can find this information on the United States Census Bureau website.
Download blank census forms.
Always look at the image, zoom in, and make a note of all the details. Not everything is included in the indexed data, and the index might be incorrect.
Remember that the person answering the census taker’s questions might have provided incorrect information. Perhaps it is a stepparent who may not remember the correct birthyear of the children listed.
The 1940 census is the only census that identifies the resident who answered the questions. The person is marked with and “x” inside a circle.
Names may be spelled differently through the years.
Most of the 1890 census was destroyed in a fire.
Other schedules provide valuable clues as well: mortality schedules, agricultural schedules, and manufacturing schedules.

Check out more details on these and other tips here.

I’ve been anxiously awaiting the 1950 census release to dispel a family myth. What will you be looking for?

Newspaper Archives

sherriecork — Tue, 23 Jul 2019 22:00:53 +0000

Do you want to subscribe to a newspaper archive site such as Newspapers.com and just don’t know which one you need, i.e. which one you should pay for? Well, the short answer is that you might need all of them! It depends on the location of the people you are looking for. I did a bit of cataloging that might help you decide what you need for your Aiken and Barnwell South Carolina research.

I compared the newspapers available on four websites.

Newspapers.com (81 South Carolina papers available)
Library of Congress (Chronicling America) (122 South Carolina papers available)
NewspaperArchive.com
Genealogy Bank (252 South Carolina papers available)
Accessible Archives (4 colonial South Carolina papers available)

You can browse a list of the papers available on each of these websites, filtered by city and state.

Here is a table that shows what is available on each of the four websites for news in the Aiken/Barnwell/Edgefield area in chronological order. This is only a small selection of the newspapers available for the entire state.

As you can see, not one of the websites has them all! By the way, the Library of Congress collection is FREE!

How are Jesse Stallings Jr. and Josiah Stallings related (Part 4)

sherriecork — Tue, 28 May 2019 23:52:28 +0000

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 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 31^st Day of December in the year of our Lord One thousand Eight Hundred and fourteen and in the 39^th 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 31^st
Day of December 1814 E.B. Bush
Wm. Bibb J.P.
Barnwell County Deed Book I, page 155

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 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 29^th day of August 1818. Also all the improvements that is made upon my lands from the 29^th 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 29^th August 1818.
Thomas Morris J.P.
E.B. Bush

Recorded the 11^th Sept 1818
Barnwell County Deed Book K, page 309

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 19^th 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.

Check out my adventures in sewing at Sew Vintagely.

Illegitimate Children

sherriecork — Sun, 26 May 2019 05:31:10 +0000

What do I call you?

In my analysis of Josiah and Jesse Stallings, the issue of illegitimate birth is raised when interpreting those crazy deeds.

It is highly likely that the reason Josiah and John Stallings are identified by the phrase “called the son of Susannah Moody” and “called the son of Candace Odom” is that their respective fathers were named Stallings and were not married to Susannah and Candace.

You may also find the term “common law marriage” used in these situations. Barbara Langdon published a very useful book Barnwell County Marriages, 1764-1859: Implied in Barnwell County, S.C. Deeds. In it, she notes “common law marriage” for any deed that deals with illegitimate children.

I reviewed all the deeds Langdon identified with “common law marriage.” Any time a father conveyed property to his illegitimate children, the deed would state that the child was his and most also included gift deed language: “for and in consideration of the love and affection …”. Following are some excerpts.

“by love and affection, as also by other notions…moving, as also in consideration of fifty dollars in hand paid…unto Margaret, Daniel, Elenor, and William Parker Gordon, sons and daughters of Margaret Parker a tract of land whereon now live…”.
Conveyance by Patrick Gordon, Barnwell County Deeds Book F, page 134

“for and in consideration of the love and affection that I do bear towards Elizabeth Bright and the children I have had by her by living with me…” ..
Conveyance by Thomas Green, Barnwell County Deeds Book M, page 129

“for and in consideration of the love good will and affection which I have and do bear towards my two children namely Also B. Mallard and Sary Ann E. Mallard”
Conveyance by John Middleton, Barnwell County Deeds Book T, page 85

Do I call you a criminal?

One of the reasons deeds were used to give property to illegitimate children is that they could not inherit. Illegitimate children did not have the same rights as children born from a marriage, and having an illegitimate child could result in criminal prosecution.

The act of assembly of 1795, enacts that if any white woman be delivered of a bastard child, and shall, after the birth, voluntarily give information that such child will become a burthen to the district, and will declare who the father is, the magistrate, before whom the information is given, shall issue his warrant to apprehend the putative father, who shall enter into a recognizance, &c. And should the person so accused refuse to enter into a recognizance, &c., he shall be committed to prison until he shall comply; or, should he deny he is the father, a jury shall be charged to try the question whether he is the father or not.
State v. Clark, 4 S.C.L. 386, 387 (S.C. Const. App. 1810)

Better pay up!

If you are investigating a possible illegitimate birth in this early time period, be sure to check out the court minutes. Mothers were called before the judge to identify the father and the father was required to a post bond to offset the government’s financial responsibility of caring for the child. Following is a particularly entry from the minutes of the Winton County court.

The County against Elizabeth Myrick bastardy

Elizb. Myrick came into Court and swore that Dennis Murphey of the Congaree is father of a bastard child called Lany; that the father of John another bastard child is Edward Southwell, deceased; that the father of Mary another bastard child was also the said Edward Southwell and that the father of Sarah, another base born child is William Southwell. The Court fined the said Elizabeth Myrick fifteen pounds proclamation money to be paid within nine months.

The court have ordered that Sieri facias be issued against Dennis Murphey of the Congaree and William Southwell of Winton County to show cause why fines should not be levied on their estates.

…

State vs That/Eli Myrick appear within one month at the clerks office and give security to indemnify the county for the maintenance and support of the following illegitimate children Amy, John, Mary & Sarah fifty pounds each.
Winton County Court Minutes 17th Oct. 1787; 18th Jan 1788
Transcribed in Winton (Barnwell) County South Carolina Minutes of County Court and Will Book 1785-1791
by Brent H. Holcomb

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How are Jesse Stallings Jr. and Josiah Stallings related? (Part 3)

sherriecork — Thu, 23 May 2019 03:07:55 +0000

These Crazy Deeds

In Part 2, I said we’d take a closer look at the chain of title to the 40 acre parcel conveyed from Jesse to Josiah.

In 1786 Lewis Weathersbee was granted 40 acres of land on Upper Three Runs of the Savannah River between Tims Branch and Stamp Branch.[1]

In 1787 Weathersbee sold the 40 acres to Hannah Conway.[2]

In 1789 John Brazell sold the 40 acres to James Jackson. I haven’t located a deed or deeds from Conway to Brazell, but we know it’s the same 40 acres because the 1789 deed states the 40 acres was originally granted to Lewis Weathersbee and conveyed by him to Hannah Conway.[3]

Around the same time, James and Elizabeth Jackson sold the 40 acres to Jesse Stallings.[4]

They Mysterious Conveyance

In 1801 Jesse Stallings conveyed the 40 acres to Josiah Stallings.[5] This deed is perhaps the most important early record for this family. It is also very unusual, which is why I am including the full transcription here.

The State of South Carolina
Know all by these presents that I Jesse Stallings of Barnwell District in the State aforesaid for and in consideration of the sum of forty dollars have granted bargained sold and released and by these [illegible] do bargain sell and release unto Josiah Stallings Cald son of Susanah Moody of the State and District aforesaid by him paid at [illegible] delivery of these [illegible] are that plantation or tract of land containing forty acres originally granted to Lewis Weathersby which that plat thereunto annexed will shew[sic] and bearing date the fifth day of June one thousand seven hundred and eighty-six and is recorded secretaries in grant book LLLL page 432. Also fifty acres taken out of a tract of one hundred and fifteen acres originally granted to James Jackson beginning at a stake corner of Absalom Green’s next to Tims Branch and running near north west to Minor’s Corner thence with Minor’s line, North East to Weathersby’s Corner thence near south to Absalom Green’s line near due west to the beginning and bearing date this fourth day of December one thousand seven hundred and eighty-six and is recorded secretaries in grant book QQQQ page 304 together with all and hereditements and appurtenances to the said premise belonging or any wise incident or appertaining to have and to hold all and singularly [illegible] premises before mentioned unto the said Josiah Stallings Cald son of Susanah Moody his heirs and assigns forever and I do hereby bind myself my heirs executors and administrators to warrant and forever defend [illegible] and singular the said premises unto the said Josiah Stallings Cald son of Susanah Moody his heirs and assigns against myself and my heirs and against every person whomsoever lawfully claiming or to claim the same or any part thereof witness my hand and seal this first day of February in the year of Lord one thousand eight hundred and one and in the twentieth year of the American Independence.

Signed sealed and delivered Jesse {his mark} Stallings
[witness signatures illegible]
Barnwell County Deed Book 2, pages 264-265

Two years later in 1803 Josiah sold the 40 acres to John Stallings. This is an equally important deed for which I will also include the full transcription.[6]

The State of South Carolina

Barnwell District

Know all men by these presents that I Josiah Stallings cald son of Susannah Moody of State and district aforesaid for and in consideration of the sum of two hundred dollars have granted bargained sold and released and by these presents do grant bargain sell and release unto John Stallings cald son of Candace Odom of the State and district aforesaid by him paid as and before the sealing and delivering of these presents all that plantation or tract of land containing forty acres originally granted to Lewis Weathersby which the plat thereunto annexed will shew[sic] & bearing date the fifth day of June one thousand seven hundred eighty six recorded secretaries office in Grant Book LLLL page 432 also fifty acres taken out of a tract of one hundred and fifteen acres originally granted to James Jackson beginning at a stake corner of Absalom Green’s next to Tims Branch and running near North west to Minors corner, thence with Minor’s line North East to Weathersby’s corner, thence near South to Absalom Green’s line, thence near due West to the beginning and bearing date the fourth day of December One thousand seven hundred eighty six, and is recorded secretaries office in grant book QQQQ page 304. Together with all and singular the hereditements, and appurtenances to the s’d premises belonging, or in any wise incident or appertaining, to have and to hold all and singular the premises before mentioned unto the said John Stallings cald son of Caldace[sic] Odom his heirs and assigns forever; and I do hereby bind myself, my heirs, executors, and administrators to warrant and forever defend all and singular the said premises unto the said John Stallings cald son of Candace Odom, his heirs and assigns, against myself and my heirs, and against every person whomsoever lawfully claiming or to claim the same or any part thereof. Witness my hand and seal this twenty seventh day of October in the year of our Lord One thousand eight hundred and three and in the twenty eighth year of the Independence of the United States of America.
Signed sealed and delivered Josiah Stallings
In the presence of us
William Tyler
Joshua Collins
Barnwell County Deed Book 3, pages 64-65

So why was Josiah called the son of Susannah Moody? Why was John called the son of Candace Odom? I asked a couple of genealogists if they had ever seen a deed with similar wording and the answer was no. Here are some explanations that were offered.

Barbara Vines Little is a professional genealogist certified by the Board for Certification of Genealogists. I asked her what she thought. She provided two possibilities.

If there were other men in the area with the same name, this may have been a way to identify them and the mothers were remarried.
Perhaps Josiah and John were illegitimate. However this isn’t the usual way of identifying illegitimate children.

When I asked Barbara Langdon who has done extensive research in Barnwell County, South Carolina and has published books abstracting the information in Barnwell County deeds and estates she said:

When the word “called” is used it denotes illegitimacy. If someone needed to denote between two men of the same name, they would say “the younger or the elder” even if they were not father and son as we know it or “Josiah Smith, son of John Smith” or “Josiah Smith, cooper or shoemaker”.
Email from Barbara Langdon

I asked Diane Richard who is also a professional genealogist. Here is what she said.

Even if remarried, I haven’t seen a reference to “called” just that someone was the son of xxx (and that person has a different surname) or that son of xxx now xxx (after remarrying). And, yes the use of Snr/Jnr, giving a location (Tripps creek vs Adams creek), sometimes even “son of” were all ways to differentiate like-named individuals. I have NEVER seen “called”.
Email from Diane Richard

I asked Bob Baird who writes articles for his website Bob’s Genealogy Filing Cabinet. Here is what he had to say:

The “called” bothers me. It suggests that the relationship might be locally accepted or acknowledged but not literally accurate.

If it weren’t there, then Josiah Stallings #1 could be the son of Susannah Moody by a previous husband. Or her illegitimate son if she were a Stallings who later married a Moody. Or even a Moody who now uses the Stallings name. But none of those relationships need to be modified with “called”. So it literally sounds like he is known around town as the son of Susannah Moody but isn’t of her blood.

Is there any chance that Susannah Moody and Candace Odom were married women who were ne Stallings?

Just FYI, I saw a case in Chesterfield District where a couple had several children together but were unable to marry, presumably because one or the other was previously married and perhaps deserted by the spouse. Their children were given the surname of the father by a circa 1805 legislative act. Of course, that did not make them children of the father for legal purposes (for purposes of parental rights or inheritance) but it did change their names.
Email from Bob Baird

What do you think?

[1] South Carolina State Grants, vol. 12, page 432, 5 June 1786

[2]Barnwell County Deed Book 1, pages 15-17, 5 February 1787

[3] Barnwell County Deed Book 1-A, page 22 (aka Winton County Deed Book 1-A)

[4] Barnwell County Deed Book 1-A 151-153 (aka Winton County Deed Book 1-A)

[5] Barnwell County Deed Book A, page 264, 2 January 1801

[6] Barnwell County Deed Book 3, page 64, 27 October 1803

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How reliable is your source?

sherriecork — Mon, 22 Apr 2019 22:20:46 +0000

Records from Josiah’s estate – a digression

My last few articles take a deep dive into analyzing the connection between Jess and Josiah Stallings. I’m going to briefly digress and fast forward in time to Josiah’s death. The last time I talked about that was to tell you that he was shot in the face by his slave in 1836. He died without a will and there are quite a few post-death records with comprehensive details of his estate. The records have been a good test of how well my research will hold up to the standard that expects us to weigh the validity of a source based on several criteria, including who provided the information and how close in time to the event the information was recorded. There are so many details I could dissect here, but the main purpose of this post is to share my transcription of one of the earliest records.

This is a Petition for Sale of Real Estate. The petition was filed in the Court of Common Pleas. These petitions are not available online and are not indexed online. They are also not available at the South Carolina Department of Archives and History. As far as I know they are only available at the Barnwell Courthouse in Barnwell, South Carolina. Side note: If anyone is reading this who lives near there and would like to do some digging, please let me know!

The petition lists all the pieces of property that Josiah owned at the time of his death and who purchased each parcel. This is an extremely important document, as this information was recorded within months of Josiah’s death. A case was filed later in the Court of Equity that also lists the property and the purchasers. That case was filed in about 1852. More on all that later, but it could be that the information in this record is more accurate than in the later case.

I transcribed the document from photos a very nice lady took for me. Because I don’t know the order that the pages were found in the bundle, I simply noted “[page]” at the beginning of each new page. One of the photos was too blurry to read.

How are Jesse Stallings Jr. and Josiah Stallings related? (Part 2)

sherriecork — Fri, 19 Apr 2019 00:47:08 +0000

A look at the land records

In Part 1 of this series, I started with estimating birth years of Jesse Sr., Jesse Jr. and Josiah to hopefully narrow down the possibilities. Now let’s see what the other records have to say about a possible connection. We’ll start with the land records.

Picking up where we left off in “Jesse Stallings, Sr. and Jr?” we find Jesse mentioned as an assignee of Revolutionary War service payments due to Shadrack Odom’s widow Sarah.

Sarah Odom signed a declaration on 6 August 1784 confirming her deceased husband’s military service. It was witnessed by W. Dunbar, justice of the peace. An indent certificate was issued for the sum owed to Shadrack by the state for his service. Daniel Green signed a receipt that he received full satisfaction on the account 26 July 1785 “by order of Sarah Odom,” meaning Sarah authorized Daniel Green to receive payment on her behalf. Sarah then assigned her interest to Jesse Stallings, which he received in discount of purchase of land.

Rec’d full satisfaction for the within in disc’t of purchase of land for Jesse Stalions. [Signed] W. Dunbar. February 1787

At the bottom of the page is this:

I do assign the right of the within indent to Mr. Jesse Stallings as witness my hand this __(18th?) Sept’r 1786. [Signed] Sarah Odom, Admr [Witnessed] John McElhenny

Now let’s find the land. But first a look at the legal mechanism in place at the time for obtaining vacant land.

Acts were passed by the South Carolina legislature in 1784 and 1785 providing for the sale of vacant lands at $10 for every 100 acres.[1] These are the steps of the land grant process:

Settlor petitioned governor in council for land
Governor or council will issue warrant for survey
Surveyor general would survey the land and return a plat to the secretary
Secretary wrote land grant that the governor or council will approve[2]

Three plats were recorded in 1784 and 1785 for Jesse Stallings in Barnwell District. Only one grant was issued. The plats were for 297 acres, 200 acres and 150 acres and the parcels were located on Pen Branch of the Savannah River. The grant was for 140 acres on Pen Branch and Four Mile Branch of the Savannah River. The parcel was part of a grant to John Hall of 8,758 acres. On 26 December 1790, Jesse sold 100 acres of this parcel to Daniel Odom. The deed was witnessed by Absalom, Reuben and Needham Green. 40 acres would be left.

On 3 October 1789 Jesse purchased three parcels from James and Elizabeth Jackson. One parcel of 40 acres was originally granted to Lewis Weathersbee in 1786 and located between Tims Branch and Stamp Branch of the Upper Three Runs. Another parcel of 115 acres was originally granted to James Jackson and located on Tims Branch. The third parcel of 150 acres was originally granted to Daniel Green and located on Tims Branch. The deed was witnessed by William and Absalom Green.

Jesse then sold or transferred parcels. On 1 January 1801 Jesse sold the 40 acre parcel and 50 acres of the 115 parcel to Josiah Stallings, who in turn sold the same two parcels to John Stallings. On 20 June 1812 Jesse sold 50 acres of the 150 acre parcel to Silas Stallings. 165 acres would be left. More on these in Part 3.

Jesse transferred two parcels 13 years later on 31 December 1814. One parcel of 200 acres he transferred to his son Etheldread Stallings. This parcel was located on Tims Branch and identified as land originally granted to Daniel Green. Given the description in the deed and number of acres (200) being so close to the balance of the acreage left over after the previous transfers (205), we might assume the parcel given to Etheldread was the acreage remaining from the previous sales combined into one parcel. The deed was witnessed by E. Bryant Bush and Lewis Weathersbee.

On the same day Jesse transferred another parcel of 70 acres to E. Bryant Bush. A document was not located recording a transfer to Jesse of this parcel. However, it is described as land originally granted to George Galphin and belonging to Mr. Wilson. The George Galphin grant of 100 acres was located, as well as a transfer to Jeremiah Minor. No transfer from Minor to Wilson was located. The deed was witnessed by Thomas Morris and Lewis Weathersbee.

No other documents were located wherein Jesse was the grantor or grantee of land. Next up, well take a closer look at the chain of title of the 40 acre parcel.

[1] A Digested Index of the Statue Law of South Carolina from the Earliest Period to the Year 1836, inclusive, By William Rice, published by J.S. Burges in Charleston in 1836, page 383

[2] http://www.scencyclopedia.org/sce/entries/land-granting/

How are Jesse Stallings Jr. and Josiah Stallings related? (Part 1)

sherriecork — Thu, 18 Apr 2019 22:16:05 +0000

One need only dig up all the early Barnwell County, South Carolina, Stallings records to conclude that there must be a close familial connection between Jesse Stallings and Josiah Stallings. Are they father and son? Brothers? Cousins? Uncle and nephew? Let’s start with estimating when they were born to narrow it down.

You can read my analysis of the earliest Jesse Stallings records here. Based on my analysis of those records, I estimate Jesse Jr.’s birth year to be about 1759. Based on the data reported on three censuses, Josiah Stallings was born between about 1773-1775.Therefore, I would guess that Jesse and Josiah were not father and son because they would only be about 16 years apart. Of course, it’s not impossible that Jesse was Josiah’s father, but it is somewhat unlikely. I also concluded that it is likely Jesse Sr.’s sons were not born before 1746 because they were no sons 16 years of age or older on the 1762 tax list. Of course, this could also mean that Jesse’s sons were old enough to have moved out on their own. However, that is not consistent with the other data that supports Jesse Jr. being born in about 1759.

Of course any analysis to determine 18th century birth years, absent birth or baptismal records, requires making some assumptions. When looking at Josiah’s estimated birth year, one must assume that the 1810, 1820 and 1830 federal censuses for Barnwell County are correctly marked. If we look at the age range marked on these censuses for the Josiah Stallings household, together with the estimated birth year of his oldest child, we might conclude that Josiah was born between 1771 and 1775.

Let’s break that down. Josiah’s oldest child that we know of who survived was Sarah. She is reported to be 53 years old on the 1850 federal census, enumerated in September. Therefore her birth year is estimated to be 1796. Let’s assume Josiah was at least 21 years old when she was born. That would mean he was born no later than 1775. Here is a chart to demonstrate the ages within the range marked on the three censuses.

Est. birth year	1775	1774	1773	1772	1771
1810 census 26-44	35	36	37	38	39
1820 census 26-44	45	46	47	48	49
1830 census 50-59	55	56	57	58	59

It does fit rather nicely together.

As I mentioned earlier, it is unlikely that Josiah is the son of Jesse, Jr. Could he be the son of Jesse, Sr.? In my earlier article, I mentioned a possibility that Jesse, Sr. died between 1768 and 1771. Hey – it looks like Josiah could be the son of Jesse, Sr! It was not unusual to have children 16 years apart. Josiah’s oldest and youngest child were 28 years apart. But then what about that outside-of-probate transfer of property that would usually only happen if Jesse Jr. was the only heir? Well then if Jesse Sr was the one who moved to South Carolina this could work. Still no probate though. Hmmmmm…