Tennessee-Texas migrants, including some Trices and Burkes

When I first started writing this blog, another family history researcher told me that people would prefer stories to my academic, footnoted, law-review-style crapola. In all fairness, she didn’t expressly badmouth my articles. She didn’t need to. The statement that people would prefer to read stories instead of, uh, whatever the heck my stuff might be, is about as subtle as the neon lights in Times Square, except less flattering.

In any event, I’m edging toward stories. Gradually. This post is about some relatives and ancestors who left Tennessee for Texas: two Trice brothers, a young male Burke, and a Trice widow with eight children. They all wound up in Waco, McLennan County, Texas. My original plan was to figure out the reason(s) they chose to migrate and craft a story with motivation as the unifying theme. I couldn’t make it work due to lack of both imagination and descriptive skills. All of them apparently went to Texas looking for wide-open spaces and opportunities.

Now, see, that is exactly the sort of thing people say about Texas that makes everyone hate the place. Since I have already lit that fire, however, I’m going to fan the flames by carrying on about Texas for a bit before getting to the Trices and Burkes. Please stick with me, because there are a couple of anecdotes here that might count as stories. A cross-dressing Trice. A Burke with a pet wild turkey. Annoying quail. A bird dog named Navasota Shoals Jake. Also, some cool old photos.

At one time, it seemed like half of Tennessee was heading to Texas. In the period after Mexico became independent from Spain in 1821, more people migrated to Texas from Tennessee than from any other state. Cheap land was undoubtedly the big draw. I doubt anyone was enticed by the fact that every poisonous snake indigenous to North America has a home somewhere in Texas. All four types — rattlers, copperheads, water moccasins, and coral snakes — appear in Harrison County, the location of a summer camp I attended. Frankly, my mother was more difficult to cope with than the snakes, which have a live-and-let-live approach to coexistence. She was also a native Texan. I wonder if that is a non sequitur.

Some of the guys who died at the Alamo in 1836 were among the early wave of Tennessee migrants to Texas.[1] More than thirty Tennesseans fought there, including Davy Crockett.[2] He is the source of what may be the most fabulous sore loser quote in the entire history of American politics. Accepting his loss for a race for a congressional seat from Tennessee, he famously said, “You may all go to hell, and I will go to Texas.” Unfortunately, that didn’t work out well for him. John Wayne did OK.

The state has inspired other noteworthy quotes. Larry McMurtry (author of Lonesome Dove) said “Only a rank degenerate would drive 1,500 miles across Texas without eating a chicken fried steak.”[3] Someone else said that, back in the covered wagon days, you could leave Beaumont with a newborn son and he would be in the third grade by the time you reached El Paso, which qualifies as primo Texas braggadocio.[4]  A travel writer for some major newspaper voted Texas “the most irritating state.” He didn’t explain why, but it has a whiny undertone, don’t you think? Traffic? Cedar pollen? Bless his heart.

In the same general spirit, two friends who live in California told me last week that they can’t imagine how I tolerate living in Texas. That is both an uncanny coincidence — two people with the same observation — and less-than-fortuitous timing, since the western third of their state is under two feet of water and the eastern third is blanketed by six feet of snow. The California weather competes daily with the war in Ukraine for the lead story in the New York Times and Washington Post. The continuing deluges have given rise to a brand-spanking new meteorological term: “atmospheric river.” And let’s not forget earthquakes that can collapse double-decker freeways. No, thankee, I’ll take the copperheads and humidity.

Back to Texas: the Alamo and the Battle of San Jacinto live on eternally in the hearts of some die-hard Texas natives, including Ida Burke Rankin, now deceased. Her only child had the misfortune to be born in northwest Louisiana, just twenty-seven miles from the border of the promised land. The kid lost count of how many times Ida reminded her to “REMEMBER THE ALAMO!!!! Approximately fifteen minutes after her husband’s Shreveport funeral, Ida packed up and moved back to Texas. Her grandfather Burke had married a Trice. Both are featured in this narrative, eventually.

Sam Houston was undoubtedly the most famous Tennessee migrant to Texas, having become governor of the state. His reputation was launched by a decisive victory at the Battle of Jan Jacinto, where he commanded the Texian forces.[5] Texans later marked the battlefield with a monumental obelisk and stationed the Battleship Texas nearby, just in case Mexico had notions of a rematch. The San Jacinto monument is ten or eleven feet taller than the Washington monument. That was surely no accident, and is yet another in the endless list of reasons why everyone hates Texas. Besides which, ours has a 220-ton star on top.[6]

The Trices and Burkes played in vastly different ballparks than General Houston, of course, being pretty much forgotten to history except perhaps in Waco. The ones featured in this article left Wilson County, Tennessee at different times, although they undoubtedly knew each other’s families. Both the Trices and Burkes owned land on Spring Creek, a lovely little arm of the Cumberland River nestled among gently rolling hills on the south side of the river.

The first two Trices to arrive in Texas, so far as I know, were the brothers William Berry Trice and Sion B. Trice. They arrived in 1853. Here is what a local history book says about Berry:[7]

He “was born in Wilson county, Tennessee, in the year 1834.  His father was a substantial farmer, but never accumulated much property. He was deprived of the advantage of an early training, and never attended school a day in his life.”

“Substantial farmer,” what hooey! Berry undoubtedly contributed that fiction. Truth is, the Wilson County Trices were basically subsistence farmers, as were the Burkes. Neither family accumulated any property other than the land they farmed. Berry’s biography continues:

“In the year 1853 he was convinced beyond a doubt that a good future awaited him, and wanting more latitude for his operations, he concluded to go west.  He left home with thirty-five dollars, and accomplished, in forty-seven days, what very few young men would have thought of undertaking — a journey on foot from Wilson county, Tennessee, to Waco, Texas.  He walked the entire distance. Immediately after his arrival here, instead of seeking the shade and waiting for something to turn up, he hired himself to drive a wagon at $12.50 per month.”

The article doesn’t say so, but my family oral history is that Berry’s brother Sion accompanied Berry on the walk to Texas, a distance of more than 800 miles. Their parents, Edward and Lilly Smith Trice, were still alive when they left. I’m betting Berry and Sion weren’t waiting around for a substantial inheritance, which — as it turns out — wasn’t in the offing. Edward and Lilly had nine children, including Berry, Sion, and my great-great grandfather Charles Foster Trice.

Berry and Sion were involved in the construction of the famous Brazos River bridge in Waco – the first suspension bridge west of the Mississippi[8] (more Texas braggadocio). Trice Brothers Brick and J. W. Mann did the brick work for the bridge, furnishing two million, seven hundred thousand bricks.[9] Berry and Sion became rich as sin in the process, ensuring funding for some impressive Trice monuments in Waco’s old Oakwood Cemetery.

Before making a fortune in bricks, Berry drove a wagon, cut and split rails, and worked in a sawmill. He was elected constable in 1855 and Justice of the Peace eight years later. When he was elected constable, he couldn’t even write his name.[10] His second wife was the widow of a former sheriff named Alf Twaddle, possibly the worst surname on the planet.

In the 1860 and 1870 census, Berry described himself as a “brick maker.” By 1880, he was a “farmer and banker.” At Berry’s death, he was president of Waco National Bank; he was then, or had been, a director. He was, according to The Handbook of Waco, “one of the wealthiest men in our community.” He owned five farms, although I am confident there was no dirt under his fingernails. Nor did Berry miss any meals: he weighed over 400 pounds when he died.[11] The local history book describes him colorfully:

” … Not only is he of great weight in financial circles, but his ponderosity amounts to four hundred and twenty-five pounds, and, in physique, he possesses more latitude and longitude than any man in the county.  He is … surrounded with all the conveniences and comforts of life.”

Ponderosity! I am embarrassed for whoever wrote that. With respect to the comforts of life, the inventory of Berry’s estate included, among many other things, a telescope, a piano, and a gold-headed cane. In the hundreds of estate inventories I’ve seen, that is the one and only telescope.

I’m not sure what Sion did before he and Berry founded the Trice Brothers Brick Yard, or how much he weighed. He is also buried in the Oakwood Cemetery along with more Trices and Trice in-laws than I can count. There is a telling slip of paper among Sion’s probate records describing expenses incurred on behalf of his two daughters: a receipt for “tuition in music to Misses Beaulah and Hattie Trice from Apr. 18 to Oct 1st 1879 … 5 months at $10 per month.”[12] Sion wasn’t nearly as famous as Berry, but he clearly didn’t want for anything, either.

Coincidentally — or not — the first Burke who appeared in Waco found a temporary home with Berry Trice. William “Burks” was listed in the 1880 census in Berry’s household. He was twenty at the time. Farmer was his stated occupation, although I suspect he left Tennessee at least in part to escape farming. His full name was William Logan Burke, the first of a fistful of men in my family with that name.[13] He was my great-grandfather and the eldest son of Logan (full name Esom Logan Burke) and Harriet Munday Burke. Logan and Harriett also owned land on Spring Creek in Wilson County. I’m not sure exactly when William Logan Burke left home, but I’m afraid he bailed out on his widowed mother and four underage siblings after their father died. When Logan died in 1877, his eldest son was still only seventeen. I would bet he was still at home, though I have no evidence. By 1880, he was in Waco.

The first William Logan Burke wasn’t a farmer for long. He became “one of the early Sheriffs” of McClennan County, then a U.S. Marshall or Assistant Marshall. Owing to the plethora of men sharing his name among my Burke relatives, we call the first WLB “the Sheriff.” I know virtually nothing about him except that he was often absent from home. His daughter-in-law (Ida Huenefeld/Hannefield Burke) explained his frequent absences like so: “he was out chasing outlaws.” Here is a formal portrait of him, the only good likeness I have. Too bad he wasn’t wearing a badge.

The Sheriff married a Trice, although not one of the rich ones. She belonged to the third set of my family’s Tennessee migrants to Waco: Elizabeth (Betty) Morgan Trice. Her parents, Charles Foster Trice and Mary Ann Powell, also lived on Spring Creek in Wilson County. Foster was a blacksmith. Mary Ann was a quick-thinking lady who once outfitted him in a woman’s dress and bonnet, sitting him in a rocking chair in front of the fireplace, peeling potatoes, just before Union Army “recruiters” came to call.

Spring Creek wasn’t kind to Foster. He died in 1881 in a cave-in of the creek bank. There was a coroner’s inquest into his death, which was ruled an accident.[14] His land had to be sold because his personal estate was inadequate to pay debts. Foster didn’t make it to Waco, but his widow Mary Ann and eight children moved there some time between 1881 and 1886.

Mary Ann is buried in Waco’s Oakwood Cemetery along with the other Trices, Betty and the Sheriff, and Ida Hannefield Burke’s parents Ella Adalia Maier and John Henry Hannefield. Mary Ann died in 1928, when her great-granddaughter Ida Burke was eighteen. Ida heard the potato-peeling-dress-wearing story directly from the horse’s mouth, so to speak.

Mary Ann’s daughter Betty Morgan Trice Burke was a tiny redhead who could, according to my grandmother, “hold her liquor like a man.” Her only surviving child, the second William Logan Burke, was a dead ringer for his mother. Here she is, in a fabulous dress featuring elaborate ribbon trim, a brooch at her neck, and a fancy watch pinned to the dress.

The Sheriff died of tuberculosis in 1899, when the second William Logan Burke was eleven. The Sheriff’s widow, Betty Trice Burke, married a kind man named Sam Whaley in 1906, although she had been ill for a good while. She died just a few months after she married Sam, when her son was eighteen. Her obituary mentions both the Trice family’s elevated status in the community and the Sheriff. Her memorial in Oakwood Cemetery, a flat marker, is considerably more modest than Berry’s.

She had four children, but only one — her spitting image, my grandfather — survived her. Here he is as a young man:

“Gramps,” we cousins called him, was a genuine, Grade-A, certified Texas character, born in Waco in 1888. He went by W. L., or just “Billie.” I adored him, and vice versa. He taught me how to shoot a BB gun at a moving target by hanging the lid of a Folger’s can on a string from a tree branch. He gave me a fishing rod and reel, never used in my non-fishing family. Every time my grandparents came to Shreveport, he brought me some kind of critter. Baby chickens. Baby ducks. Goldfish. Once, he brought a pair of quail for which my father built a fabulous cage. Unfortunately, they launched into their “bob-WHITE!” calls each day at sunrise. They have surprisingly good lungs for such small birds. Neighbors registered complaints. One night, the quail mysteriously “escaped.” My father often said that he fully expected his father-in-law to bring me an elephant one day.

Sometime in the 1950s, Gramps had a pet wild turkey named Clyde. I am not making this up. When we were visiting my grandparents in Houston, we would all sit outside after dinner in those old uncomfortable slatted metal chairs when it was nice outside, meaning anything over 70 degrees. No air-conditioning in the 1950s. Clyde would sit on the arm of Gramps’s chair and apparently enjoy the conversation, looking at whomever was talking. Once, when we were driving back to Houston from Fredericksburg, Gramps abruptly pulled the car over to the side of the road beside a sorghum field, saying “I’m gonna get some of that good milo maize for my turkey.” Whereupon he climbed over the barbed-wire fence and grabbed a handful. My grandmother didn’t bat an eye, having known him since they were teenagers. I don’t know what became of Clyde, but I know he was spoiled rotten.

Gramps was a polo player and, after he was too old to play, a referee; a hunter who raised bird dogs, including a prizewinner named “April Showers;” a fisherman; and a spinner of tall tales. One of them made it into either the Houston Chronicle or the Post, I don’t know which. Granny cut it out and mailed it to my mother, with a penciled note saying “Your daddy in print with a big one.” It was in a column titled “The Outdoor Sportsman” by Bill Walker. Here is a transcription:

“A roaring gas flame in the big brick fireplace in the Cinco Ranch clubhouse warmed the spacious room and the several members of the Gulf Coast Field Trial Club who gathered there for coffee Saturday morning before the first cast in the shooting dog stake.

“Usually when veteran field trial followers get together the conversations turns to great dogs of yesteryears and this group was no exception.

W. L. “BILLY” BURKE related one about an all-time favorite of ours — Navasota Shoals Jake.

“Burke and the late W. V. Bowles, owner of Ten Broeck’s Bonnett and Navasota Shoals Jake, were hunting birds in the Valley on one of those rare hot and sultry winter mornings. Jake pointed a covey several hundred yards from the two men and out in the open.

“BOWLES suggested they take their time approaching the pointing dog, since he was known to be very trustworthy. When the two hunters did not immediately move to Jake, the dog broke his point, backed away to the cool shade of a nearby tree and again pointed the birds.

“THE COVEY was still hovering in a briar thicket when Bowles and Burke arrived. Navasota Shoals Jake was still on point.

Here is Gramps in his 60s as a polo referee:

I should probably also include a picture or two of his daughter, Ida Burke Rankin, the die-hard Texan who admonished me to “Remember the Alamo!” They wouldn’t let women play polo in her day, of course, although I am confident she would have beat the heck out of everyone. Undoubtedly to show them, whoever “they” were, she used to ride her father’s polo ponies like a bat out of hell whenever she thought he wouldn’t find out. She once fell off on a blacktop road and said she couldn’t sit down for three days. She claims Gramps never knew, but I’ll bet he did. He was nobody’s fool.

And one more, when I was about three:

Next, I might have to write about Granny, a character in her own right.

See you on down the road.

Robin

                  [1] Here is a link to an article about the Battle of the Alamo by the reputable Texas State Historical Association, complete with images of Davy Crockett, William Barrett Travis, and James Bowie. https://www.tshaonline.org/handbook/entries/alamo-battle-of-the

                  [2] There were either 31 or 32 or Tennesseans at the Alamo. An authoritative list has the same name twice, and it is unclear whether those names represent one or two men. See the list at this link: https://www.historicunioncounty.com/article/tennesseans-who-died-alamo

                  [3] For the record, 1,500 miles exaggerates both the length or width of Texas. It is 827 miles from Beaumont to El Paso on I-10, and about 850 from Texhoma, OK, on the OK-TX panhandle border, to McAllen on the Rio Grande. This is another reason people hate Texans: bragging about how big the state is.

                  [4] The math doesn’t audit on that bit of hyperbole, either. If mules or horses walk at 3 mph for 8-hour days, the journey would surely take less than six months even with interruptions.

                  [5] Here is a link to an article about the Battle of San Jacinto. It also has a fabulous picture of the San Jacinto monument. https://www.tshaonline.org/handbook/entries/san-jacinto-battle-of

                  [6] See a closeup of the star and a photo of the monument here: https://www.tshaonline.org/handbook/entries/san-jacinto-monument-and-museum

                  [7] John Sleeper and J.C. Hutchins, The Handbook of Waco and McLennan County, Texas (Waco: Texian Press, 1972), article titled “William B. Trice.”

                  [8] Here is a photograph of the bridge, now a pedestrian walkway. https://www.loc.gov/resource/highsm.29747/?r=-0.163,-0.02,1.362,0.789,0

                  [9] Id., article titled “The Waco Suspension Bridge.”

                  [10] Id., Trice article.

                  [11] John M. Usry, early Waco Obituaries 1874 -1908 (Waco: Central Texas Genealogical Society, 1980), citing the July 16, 1884 issue of the Waco Daily Examiner at p. 2 col. 5, obituary of W. B. (Berry) Trice.

                  [12] Probate packet #671 at the courthouse in Waco, McLennan Co., TX.

                  [13] William Logan Burke, the escapee from Tennessee, was the first with that name. His only surviving child, my grandfather, was also William Logan Burke, who went by “W.L.” or just “Billie.” His only son was the third William Logan Burke, who was called Bill, or “the Kid” in his polo playing days. Bill’s elder son was known as “Little Bill.” He went by William Logan Burke III, although he was actually the fourth in the line. Little Bill’s brother Frank, who just goes by Burke, gave one of his sons that name. That makes five. My elder son’s name, by the way, is William Burke Willis, in honor of my wonderful grandfather.

            [14] Tennessee State Library and Archives, Wilson Roll # B-1407, County Clerk (Loose Records Project) Box 59, Fld. 20 – Box 60, Fld 13. Vol: 1742-1962. This film contains Box 59, Folder 22, which contains an inquest into the death of C. F. Trice. I have a copy around here somewhere …

 

Part 3 of 5: James Trice of Caroline Co., VA, b. by 1712, d. Orange Co., NC by 1789

This post doesn’t really deal with James Trice of Caroline/Orange, notwithstanding the title. Rather, it concerns the line of James Trice of King William County, VA, whose estate was appraised there in 1769. Two Louisa County chancery court files in the Library of Virginia contain documents about a dispute among two grandsons of James Trice of King William. I relied on evidence from those files in Part 2 of this Trice series, which did deal with James Trice of Caroline/Orange. I also promised to provide abstracts of these files.

This article contains two things: (1) a summary of the Louisa County chancery court dispute and (2) abstracts of the documents contained in the two files, indexed by the Library of Virginia as Louisa County #1804-006 and #1804-011.

The chancery files contain some duplication; I did not abstract any document twice. I have omitted many documents that do not appear to have useful genealogical information concerning the Trice family. I also omitted lists of items in estate inventories. There are several in those 2 files, including the estates of William Anderson (Dorothy Dabney Anderson Trice’s first husband), James Trice of King William (Dorothy’s second husband), and Dabney Anderson (a son of Dorothy and William Anderson and a stepson of James Trice). You know where to find them if you’re interested in details: see links provided in Part 2. Finally, I’ve also omitted most of the testimony and allegations in pleadings specifically concerning the slaves at issue in the two cases – Bess and her son Dick. I may have omitted some relevant documents. There are 116 pages in the two files, some of which are written in an almost incomprehensible hand. Attorneys also succumb to MEGO.

I have numbered and titled the documents, see below, although they are neither numbered nor titled in the actual Library of Virginia files. These are therefore my own numbers and descriptions. My comments are in italics and do NOT reflect what is in the actual file – the italicized comments contain my own clarifications or conclusions.

Summary of the cases

The dispute concerns the ownership of a slave named Dick, who was the son of a slave named Bess. Dick was convicted of a felony in Hanover County and hanged. Under the colonial law of Virginia, if a slave was executed by the state, Virginia compensated the owner for his or her value. Learning this set me on my heels, since I still recoil whenever I see something involving the equation “human = property.” That’s the way it was, America’s original sin.

The court cases divide into two procedural parts. First, William Trice, son of John Trice and grandson of James Trice of King William, sued Charles Crenshaw in Charles’ capacity as executor of his father, Joseph Crenshaw. Joseph had been the administrator of the estate of James Trice, who was Joseph’s father-in-law. The parties to these cases – William Trice and Charles Crenshaw – were first cousins, both being grandsons of James Trice and his wife Dorothy Dabney Anderson Trice.

William apparently filed his claim in 1799, or perhaps late 1788. William sought an accounting of the estate of James Trice from Charles, saying that he (William) hadn’t received his share of the estate. Charles responded that the claim was old and stale and should be dismissed, an equitable defense known as “laches.” William won, and the court ordered an accounting of James Trice’s estate.

Sometime after that, Charles turned up what appeared to be new evidence (it was, it just turned out not to be relevant). He asked that the earlier order be set aside and the case reheard. Charles also filed a cross-claim against William, saying that William had received more than his fair share of James Trice’s estate. The court allowed a rehearing, and the case was tried. William Trice won, and the court ordered an accounting of the estate of James Trice, with the entire value of Dick (plus interest) to be credited in William Trice’s favor.

The archivists at the Library of Virginia created two files for these cases, one reflecting William Trice’s original claim and the other reflecting Charles Crenshaw’s cross-claim. As a practical matter, the two cases concern a single dispute and set of facts, and one needs to review both files to get the entire story.

Here is a summary of the general facts.

In 1720, Dorothy Dabney Anderson, widow of William Anderson, deeded a slave named Bess to her son William Anderson, a minor. The deed provided that ownership of Bess would revert to Dorothy if William died without issue and Dorothy were still alive. William did die as a child, with no children of his own. Ownership of Bess thus reverted to Dorothy.

Dorothy married secondly James Trice of King William County. James apparently did not consider Bess or her children to be his property in fee simple, although that would have been the case under colonial Virginia law. In a lawsuit after Dorothy died, James claimed only a life estate in Bess and her issue. James apparently considered them the property of Dabney Anderson – the only other son of William and Dorothy Anderson, presumably with ownership to revert to Dabney after the expiration of James’ life estate.

Dabney Anderson must also have thought the slaves were his, because he devised them in his will to his stepbrother John Trice. John Trice died intestate. William Trice was John’s only child, so William inherited John’s entire estate. James Trice, Dabney’s executor and the administrator of John Trice, apparently considered the slaves William’s property, as he reportedly said at one point that he wished William would come get his slaves.

William Trice based his claim for Bess’s child Dick (or his value as determined in the wisdom of the Colony of Virginia) on (1) Dabney Anderson’s devise of Bess to John Trice in Dabney’s will and (2) William’s inheritance of all of his father John’s estate. Charles, bless his heart, threw lots of factual issues at the court – e.g., Bess wasn’t listed in the inventory of James Trice’s estate, nor was she listed in the inventory of Dabney’s estate, and other matters, all to no avail. He lost. When the facts are on your side, pound the law; when the law is on your side, pound the facts; when neither is on your side, pound the table. Charles Crenshaw was in the unenviable position of having neither the facts nor the law on his side.

With that introduction, here are the abstracts. They contain more genealogical information than included in the above summary.

File # 1804-006

  1. Cross-complaint of Charles Crenshaw dated April 1802?
  • Charles Crenshaw was the executor of the will of Joseph Crenshaw.
  • Slave Bess was a gift (sic, a devise in a will) from Dabney Anderson (son of Dorothy Dabney Anderson and William Anderson) to John Trice (son of Dorothy Dabney Anderson Trice and James Trice).
  • There is a gift deed in King William Co. by Dorothy Anderson giving Bess to her son William Anderson. However, if William died without children, and Dorothy was still alive, then Bess reverted to Dorothy. Deed dated 15 Feb 1720.
  • William Anderson died without children in Dorothy’s lifetime.
  • Asserts that William Trice (named as defendant) has received more than his just share from the estate of James Trice.
  • Joseph Crenshaw married the sister of John Trice. Plaintiff Charles Crenshaw, “in right of Joseph, being entitled to one moiety thereof” (e., one half of the estate of James Trice), because “the said James Trice, the father of them both (i.e., both John Trice and Joseph Crenshaw’s wife) died intestate.”
  • Seeks an accounting of James Trice’s estate.
  1. Deposition of Henry Edwards and wife Mary Edwards dated 14 Sep 1802.
  • John Trice died at less than twenty years old. Summary of this deposition in the other case says that he died less than age 21.
  • James Trice was John Trice’s father.
  • William Trice of Louisa County was a son of Mary Edwards and John Trice. William was their only child. Mary LNU Trice remarried to Henry Edwards after her husband John Trice died.
  • Mary Trice is age 77. She met James Trice when she was 9. Some researchers believe that Mary was probably nèe Anderson, a daughter of William and Dorothy Dabney Anderson. For what it’s worth, I agree.
  • Henry Edwards (Mary’s husband) was guardian of William Trice. Henry once sued James Trice on William’s behalf in a dispute concerning slaves. Henry did not recover Bess, because James Trice prevailed on his claim that he owned a life estate in Bess.
  • James Trice’s wife had died before that suit.
  • Joseph Crenshaw was the administrator of James Trice when James died.
  • Bess, the slave into dispute, came into the estate of James Trice by virtue of his marriage to Dorothy Anderson.
  1. Deposition of Susanna Crenshaw, 28 Oct 1802.
  • Dorothy Anderson who married James Trice was living in King William County about December 1742.
  1. Appraisal of the estate of James Trice, dec’d, dated 22 Feb 1769 and recorded in King William Co., April 1769.
  • Appraisers were Thomas Crenshaw, George Dabney Jr., and Thomas Baker.
  1. Answer of Defendant William Trice to Charles Crenshaw’s Cross-Complaint dated 11 May 1802.
  • Admits to 1720 gift deed of a slave from Dorothy Anderson to William Anderson and that William Anderson died without issue.
  • James Trice married Dorothy Anderson and took possession of the slave during his life.
  • About five years before William Trice was born, Dabney Anderson died leaving a will that was proved in Caroline County, James Trice, executor. Dabney Anderson’s will was presented for probate by the executor James Trice (Dabney’s stepfather) on 13 Feb. 1735/36, see Caroline Co. Order Book 1732-40 at 319.
  • Dabney Anderson’s will devised a slave to John Trice, the son of James Trice.
  • William Trice is the only child of John Trice, who died intestate at less than age 21.
  1. Gift deed dated 15 Feb 1720.
  • Deed signed by Dorothy D. Anderson, widow of William Anderson, dec’d, of St. Johns Parish, King William County.
  • Gift of slave to son William Anderson, a minor.
  • If William dies without issue and Dorothy survives him, then the slave reverts to Dorothy.
  1. Deposition of Dorothy Hicks in Albemarle Co., 23 Sep 1799.
  • Dorothy lived with James Trice from the time she was a child until a grown woman.
  • Her parents were Godney Trice and Judith Trice. Judith Trice was nèe Anderson (see receipt from Godney and Judith in File #1804-011) and was a child of William and Dorothy Dabney Anderson. Some researchers speculate that Godney Trice was a son of James Trice. However, Godney (who also appears in records as “Goodwin”) was not one of the heirs of James Trice, which means either (1) he wasn’t a son of James or (2) he did not survive James and left no children. However, Godney’s father was definitely not James Trice of King William because Godney left at least one child – Dorothy Trice Hicks – who survived James Trice. If Godney had been James’ child, Dorothy (and any other children of Godney) would have been heirs of James Trice since James died intestate. I don’t know who Godney/Goodwin’s parents were and can’t even speculate intelligently.
  • Dorothy was about 10 – 12 years old when Dabney Anderson died. That would make her b. abt. 1722-23. She is now about 67. That would make her b. abt. 1732. There is clearly some inconsistency in her testimony.
  1. Deposition of Gravet (?) Edwards, 25 Oct. 1802. Dorothy Trice was alive 5 or six years after 1727. Another deponent testified she was still alive in 1742. Another deponent testified that she died before James Trice, so she clearly died by 1769.

File #1804-011

  1. Complaint of William Trice v. Charles Crenshaw as Executor of Joseph Crenshaw
  • Plaintiff William Trice (called William Trice Sr. in various other records in these two files) was the only child of John Trice, dec’d, who was the son of James Trice.
  • Dabney Anderson of Caroline County died sometime in 1735, will dated 16 Dec 1735. Dabney appointed James Trice (the father of John Trice and grandfather of William Trice) executor of his will.
  • Dabney Anderson devised to John Trice 3 slaves in fee, including Bess. John Trice died intestate and William Trice claims the slaves under Dabney’s will.
  • James Trice administered the estate of his son John Trice.
  • John Trice, father of William, died under age (less than 21) and intestate, so that William Trice became entitled as John’s heir at law to the slaves bequeathed to John.
  • Joseph Crenshaw was administrator of James Trice’s estate. Joseph Crenshaw died and Charles Crenshaw was Joseph’s executor.
  • William Trice names Charles Crenshaw the defendant in this lawsuit.
  1. Sale, estate of James Trice.
  1. Answer of Charles Crenshaw to the complaint of William Trice dated 12 Mar 1799.
  • Admits that he is the executor of Joseph Crenshaw, who was the administrator of James Trice, who was the executor of Dabney Anderson.
  1. Inventory of the estate of Dabney Anderson dated 13 Feb 1735.
  • Signed by Joseph Woolfolk, Jos. Martin, Jacob Burrus, and James Trice. Recorded 12 Mar 1735.
  1. Two receipts on one piece of paper, both dated 25 Feb. 1736
  • Godney Trice and Judy Trice acknowleded receipt from James Trice of a slave who was a legacy given them by Dabney Anderson. Evidence that Judith Trice was Dabney’s sister.
  • Joseph Ashburn and Sarah Asburn acknowledged receipt from James Trice of “our part of Dabney’s estate,” a slave who was a legacy from “our brother Dabney Adnerson dec’d.” Evidence that Sarah Ashburn was Dabney’s sister. 

 

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.

 

James Trice of Caroline Co., VA, b. by 1712, d. Orange Co., NC 1789: Part 1 of 5

 

Not long ago, a man who learned from his FTDNA “Family Finder” autosomal DNA test that we are related through our Trice lines contacted me. It turned out that we have the same Trice great-great-grandparents, so we are (as they say in north Louisiana) gen-u-wine cousins. Because of him, I have to cast yet another vote in favor of DNA testing, if for no other reason than to meet very nice relatives who were previously unknown to you.

Meanwhile, email conversations with my newfound cousin caused me to look again at the Trice family. My own last conclusively proved Trice Ancestor is the James Trice who first appeared as a resident of Caroline County, VA in a 1733 road order, married as his second wife Ruth Booth (widow of Daniel Booth), and moved to Orange County, NC, where he died in 1789. Let’s call him JAMES TRICE of Caroline/Orange to distinguish him from at least one other James Trice who made a brief appearance in the records of Caroline County.

There is a great deal of bad information floating around the internet about this man. This isn’t surprising. Trices began appearing in Virginia in the 1670s, and they did not choose their locations wisely. They appeared in New Kent, King & Queen, King William, Hanover, and Caroline counties. All of those counties have suffered serious losses of records. Moreover, “Edward” and “James” were favorite Trice given names from the time they started appearing in the colonies, which makes the job of distinguishing among them – with few records available – even more difficult.

Here are a few issues that jump out …

  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 James Trice whose estate was appraised in February 1769 in King William County, VA.
  1. Was the James Trice who died in King William County and who was married to Dorothy (nèe Dabney) Anderson the father of James Trice of Caroline/Orange? Again, the answer is “NO,” and there is no doubt about that, either.
  1. Who were the two wives of James Trice of Caroline/Orange? Answer: (1) I don’t know, but wish I did; and (2) Ruth Booth, nèe May.
  1. James Trice of Caroline/Orange had a son by his first wife named Edward Trice (b. abt. 1737, Caroline Co., d. 1800, Orange Co.). Edward’s wife was named Tabitha. What was her maiden name? The conventional wisdom is that she was nèe Harrison. I cannot find any evidence for that assertion, nor can I find anyone who is willing to share any evidence they have on the issue. On the other hand, there is some convincing circumstantial evidence that Edward’s wife Tabitha was Tabitha Booth, the daughter of Ruth May Booth Trice and her first husband, Daniel Booth.

Addressing these issues with references to actual evidence in county and other records is going to require more than one post in order to avoid inflicting the MEGO syndrome on the reader: “my eyes glaze over.”

Please stay tuned. There is considerably more information about these Trices to come shortly. And Happy New Year, y’all!!!