Part 2 of 5: James Trice of Caroline Co., VA, b. by 1712, d. Orange Co., NC by 1789.

Yesterday, I posted an introduction to a series of articles about the James Trice who first appeared in the Virginia records in a 1733 road order as a resident of Caroline County. James married as his second wife Ruth Booth (widow of Daniel Booth), and moved to Orange County, NC, where he died in late 1788 or 1789. We’re calling him James Trice of Caroline/Orange for short.

In that introduction, I posed several questions about James, all of which address what I think are misconceptions/misinformation about James Trice of Caroline/Orange. The questions begin with these two:

  1. Was Dorothy (nèe Dabney) Anderson married to James Trice of Caroline/Orange? The answer is “NO,” beyond any doubt. Dorothy was married to a different James Trice. 
  1. Was the James Trice who was married to Dorothy (nèe Dabney) Anderson the father of James Trice of Caroline/Orange? Again, the answer is “NO.” There is no doubt about that, either.

Here is one initial note before we get to the evidence. Writing this article reminded me again of some of the rules of genealogical research, to wit …

Rule #1: follow the land. If there is one thing British common law is finely honed to accomplish, it is to keep track of who owns which piece of earth. If you want to prove, e.g., that Dorothy Dabney married William Anderson about 1700, Virginia land records will do it for you.

Rule #2: keep track of county creation history. If an ancestor suddenly disappears from the records of, say, Pike County, Alabama, it might be because he moved away. Or it might be that he begins appearing instead in the records of Barbour County, which had been created from Pike County.

Rule #3: if you find a chancery court case involving your research targets, consider it golden. Cherish it. Almost everything in this article is conclusively proved by two chancery court files located in the Virginia State Library in Richmond. A very nice researcher named Rubyann Thompson Darnell pointed me toward them.

Rule #4: you have to kiss a lot of frogs to find a charming prince.

OK, back to the Trice questions. Let’s start with Dorothy Dabney Anderson’s family of origin and husband.

Dorothy was the daughter of Cornelius Dabney, who acquired land on Pouncey’s Swamp (or Pownce’s, or several other variant spellings) in the Pamunkey Neck of what was then St. John’s Parish, King & Queen County, Virginia. A committee of the Virginia Assembly “confirmed” this land to Cornelius in 1699, and also named four children who apparently claimed it under Cornelius Dabney’s will.[1] The Dabney children were James, George, Dorothy and Sarah Dabney.

In April 1701, official Virginia land patents were issued for that land to the four Dabney children.[2] By then, Dorothy had married William Anderson. The Anderson patent names both William Anderson and his wife Dorothy in a grant of land in Pamunkey Neck, St. John’s Parish, Pownce’s Swamp, adjacent land of Sarah Dabney. Sarah’s patent expressly states that her tract was adjacent to James Dabney and “land of her sister Dorothy.”

Those particular land records prove, among other things, that Dorothy Dabney, daughter of Cornelius, married William Anderson some time between 1699 and 1701, and that they owned land in St. John’s Parish in what was then King & Queen County. See Rule #1.

By early 1720, Dorothy was a widow. In February that year, she signed as “Dorothy D. Anderson” a deed of gift to her son William. The deed, which was the gift of a slave,[3] was recorded in St. John’s Parish, King William County. Dorothy Anderson had probably not moved. Instead, the county in which she and William lived had just changed when King William was created from King & Queen County in 1700. See Rule #2.

This deed, as well as numerous other records on which this article relies, can be found in two chancery court case files from Louisa County, VA. Both files concern essentially the same controversy, a claim and cross-claim between first cousins. The subject of the controversy, originally filed (as nearly as I can tell) about 1798, was the son of the slave named in the 1720 gift deed from Dorothy to her son William. The Library of Virginia, bless its heart, has digitized those records and made them available online. See Rule #3.

I will summarize my abstracts of relevant records from those files in the next article in this Trice series. If you are interested in them and can’t wait for abstracts, the files are designated Louisa County Chancery cases, index number 1804-006 and 1811-011. Be advised that you will wade through a considerable amount of dross while searching for the gold. See Rule #4.

The files are available online here: #1804-006. And here: #1804-011

Here are two things the chancery court dispute conclusively proves.[4]

  • Dorothy Dabney Anderson, widow of William Anderson, married as her second husband James Trice of King William County. Let’s call him James Trice of King William.[5]
  • Dorothy’s husband James Trice died intestate and his estate was appraised on 22 February 1769 in King William County.

There is no doubt that James Trice of King William was not the same man as James Trice of Caroline/Orange, who died in Orange County in 1788-89.[6] James Trice of Caroline/Orange had left Virginia some time in 1756, when he last appeared in the Caroline County records.[7] He was definitely a resident of North Carolina by no later than 1759.[8] He was still living in North Carolina when the other James Trice died in Virginia.

To turn this into a syllogism:

  1. James Trice of King William (d. by 1769) was not the same man as James Trice of Caroline/Orange (d. by 1789);
  2. James Trice of King William was indisputably the husband of Dorothy Dabney Anderson;
  3. Therefore, James Trice of Caroline/Orange did not marry Dorothy Dabney Anderson. The answer to Question #1 is “NO.”

There is more that the chancery court records prove.

  • James and Dorothy Dabney Anderson Trice had two, and only two, children who have any descendants: John Trice and a daughter, probably Martha Trice.
  • John Trice married Mary LNU and died intestate before age 21. John and Mary had only one child, William Trice, who was one of the claimants in the Louisa county chancery court dispute.
  • James and Dorothy’s other child was a daughter, possibly named Martha, who married Joseph Crenshaw. Joseph and Martha’s son Charles Crenshaw was the cross-claimant in the Louisa chancery court case.

If James and Dorothy Trice had any children besides John and Martha, that child (or children) must have died before 1769 and cannot themselves have had any children who were still alive as of 1769. James Trice’s 1769 King William estate was equally inherited by Joseph Crenshaw (“in right of his wife” Martha) and John Trice’s son William. Because James Trice died without a will, the Virginia law of intestate descent and distribution required that all of his children (or children of a deceased child) share in his estate. Thus, Joseph and Martha Crenshaw (daughter of James Trice) and William Trice (son of John Trice and grandson of James Trice), the only heirs, were James Trice’s only surviving heirs.

Because James Trice of Caroline/Orange was not one of the heirs of James of King William, James Trice of Caroline/Orange cannot have been a son (or grandson) of James Trice of King William and Dorothy Dabney Anderson. The answer to Question #2 is also “NO.”

And that’s all the news that’s fit on print on the first two Trice issues. Please don’t go away, though. As far as Trice controversies are concerned, we have just begun to fight.

[1] Louis des Cognets, Jr., English Duplicates of Lost Virginia Records (Princeton, NJ: 1958).

[2] Marion Nell Nugent, Cavaliers and Pioneers Volume 3: 1695-1732 (Richmond: Virginia State Library,1979) at 46 (abstract of VA Patent Book 9 at 350, 351 and 352).

[3] It pains me considerably to type words showing that some human beings were considered property and could be given by one owner to another.

[4] State Library of Virginia, online chancery court records, Louisa County files indexed as #1804-006 and #1804-011. Records in the two files include the complaint of William Trice and the cross-claim of Charles Crenshaw, William’s answer to the cross-claim, Charles’ answer to the original complaint, 1720 gift deed from Dorothy D. Anderson to her minor son William Anderson, inventory and appraisal of the estate of William Anderson dated 25 Jun 1719, deposition of Henry Edward and his wife Mary (who married John Trice, son of James Trice of King William, and was the mother of William Trice, the plaintiff), appraisal of the estate of James Trice (22 Feb 1769, King William County), 1735 Caroline County inventory of the estate of Dabney Anderson (James Trice, executor), and numerous other deposition notices and the usual detritus of lawsuits.

[5] In addition to the Louisa Co. chancery files, there is other proof that Dorothy Dabney Anderson married James Trice. See will of Susanna Anderson (widow of Cornelius Dabney who remarried to a Mr. Anderson after Cornelius died) dated 4 Mary 1722 and recorded 5 Feb 1724, Hanover Will Book I: 632. The original will book was lost, but a copy of the will was re-filed in 22 Dec 1868. Susanna’s will names her grandson William Anderson (the donee in Dorothy’s 1720 gift deed), William Anderson’s stepfather James Trice, and Susannah’s children Cornelius Dabney, Dorothy Trice (identified as the wife of James Trice), and Mary Carr (wife of Thomas Carr).

[6] Feb 1788 or Feb 1789 (year not clear) entry in Orange County, NC Minute Book IV: 98, original viewed by R. Willis at the NC Archives.

[7] John Frederick Dorman, Caroline County, Virginia Order Book 1755 – 1758, Part One, 1755 – 1756 (Washington, D.C.: 1976), abstract of 8 Apr 1756 entry mentioning lease and release from James Trice and wife Ruth, at p. 160 of the Order Book.

[8] Weynette Parks Haun, Orange County, North Carolina, Court Minutes 1752 -1761, Book I (Durham, NC: 1991), abstract of Sep 1759 court minutes, jury ordered to lay out a road from the Great Road to Cape Fear where James Trice lives. Jury included James Trice, Edward Trice and John Trice.

 

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