Same Name Confusion: William Buckley Jr. of Loudoun, Virginia

Subtitle: Dead Men Weren’t Tithable

            A good friend believes that “same name confusion” is the most common error in family history research. She is probably right, although careless errors — e.g., failure to note that a child was born when its purported mother was four years old — surely rank a close second. “Same name confusion” occurs, for example, when a man named George Washington, born in 1799, is identified in a tree as the first President of the United States. That also counts as a careless error.

            A frequent candidate for the “same name” error is William Buckley Jr. of Loudoun County, Virginia. He was a son of William Buckley Sr.[1] His wife was Amy MNU Buckley.[2] William Jr. had several brothers, including one named John and another named Joshua.[3] The only conclusively proved child of William Buckley Jr. and Amy is a son, Elijah, named in his grandfather’s will.[4] William Jr. also had daughters named Frances, Sarah, and Ann, who are established (IMO) by a convincing web of circumstantial evidence.[5] The daughters married Claiborne Martin, Gibson Martin, and Elijah Moseley, respectively.[6]

            Same-name-wise, William Jr. is confused with a William Buckley who died in 1776 while in military service during the Revolutionary War. The vast majority of online trees about this family identify William Jr., father of Elijah, husband of Amy, and son of William Sr., as the soldier who died in 1776. I did a search at Ancestry on William Jr. (also using father William Sr., wife Amy, son Elijah, mother Elizabeth, and death = 1776 as search terms). That search produced seven-hundred seventy-one trees identifying William Jr. as the soldier who died in 1776. There were only fourteen trees showing William Jr.’s death as 1780 (correct) or 1779 (close).

            Numbers, however, aren’t evidence, much less proof. All those trees prove is how easy it is to copy someone else’s tree without confirming research. In fact, it simply cannot be the case that William Jr. (husband of Amy, father of Elijah, and son of William Sr.) was the same man as the soldier who died in 1776. With apologies to my 5th cousin L. E., this is not a theory, it is an in-dis-effing-putable fact. Pardonnez mon français, s’il vous plait.

            If you accept original military and abstracted tax records as direct and weighty documentary evidence, that’s the unavoidable conclusion. Let’s consider the evidence …

            First, check out the military muster roll for Capt. Thomas Berry’s Company of the 8th Virginia Regiment at this link. The roll has a list of privates, including #17 Abram Buckley, appointed 22 Feb 1776, and #18 William Buckley (no “Junior” included), also appointed 22 Feb 1776. The muster roll states that William Buckley died on 16 Sept 1776. 

            Second, please see Loudoun County tax list abstracts by Ruth and Sam Sparacio.[7] Here’s a quick summary of tithables (i.e., taxable persons) from relevant years:

1773 — Samuel Love’s list included William Buckley Sr., who was listed with Joshua Buckley and Ben for a total of 3 taxables. I made a note of this because we know from Wm. Sr.’s will that Joshua was a son of his. The enslaved man Ben is important because he continues to be taxed with William Sr. in subsequent tax lists … so we can be confident that some stray William Buckley hasn’t snuck into the Loudoun lists. There was a separate listing in 1773 for “William Bukley,” who may or may not be William Jr.

1777 — the tax list of Samuel Love included William Buckley Sr. with Joshua, William Jr., and slave Ben — a total of 4 tithes. Dead men weren’t tithable,[8] so William Buckley Sr.’s son William Jr. was still alive in 1777. If you are descended from the soldier named William Buckley who died in 1776, then you can write off William Sr. as an ancestor and Amy MNU Buckley as an ancestress. This might cause 771 Ancestry tree owners some distress. Or perhaps not. I wonder how many claims of descent from William Sr. and Jr. the D.A.R. has accepted?

1779 — William Buckley Sr. was listed with Jas or Jos Gold (I don’t know him) and slave Ben for 3 tithables. William Buckley Jr. was listed with slave Suck (usually Suckie, a nickname for Susannah) for 2 tithables. Joshua Buckley was listed with slave Amey for 2 tithables.

1780 — George Summer’s list included both Joshua Buckley (slave Tom, 2 tithables) and William Buckley Jr. (1 tithable). William Jr. was therefore still alive when the 1780 tax list was made. William Buckley Sr. was still on Love’s list. He was taxed on himself, a man named Halbert, and enslaved man Ben, for 3 tithables.[9]

            Finally, there is an entry in the Loudoun County order book that establishes that William Jr. died between the time the 1780 tax list was made and the end of 1780. The order book for 11 December 1780 says, “[O]n the motion of Amy Buckley who made oath according to the Law & together with John Buckley and Joshua Buckley her securities …bond of 10,000 pounds … letters on the estate of Wm Buckley Junr dec.d.”[10]

            For icing on the cake, the 8th Virginia Regiment didn’t recruit in Loudoun County. It recruited in a half-dozen other Virginia counties.[11]

            If you can figure out a reasonable way to explain away these facts, I will give you a lifetime free subscription to this blog. Emphasis on reasonable.

            Considering the evidence, Pvt William Buckley of the 8th Virginia Regiment, who died in Sept 1776, was not the same man as the William Buckley Jr. who died in 1780. The tax lists conclusively prove (IMO) that William Buckley Sr.’s son William Jr. was alive through the time the tax list was taken in 1780, but he had died by December 1780 when his widow Amy applied for letters of administration on his estate.

            And that’s it for now. Some other ancestors are calling my name.

            See you on down the road.

            Robin

[1] Loudoun Co., VA Will Book D: 36, will of William Buckley of Loudoun Co. dated 12 Jul 1786, proved 8 Jun 1789. Sons John, Joshua, and Samuel Buckley and daughters Elizabeth Harris, Sarah Harris, Catherine Harris, Rosanna Halbert. Grandson Elijah Buckley, son of William Buckley, dec’d.

[2] Loudoun County Order Book G: 313, LDS Film #32,349, order dated 11 Dec 1780: “[O]n the motion of Amy Buckley who made oath according to the Law & together with John Buckley and Joshua Buckley her securities … bond of 10,000 pounds … letters on the estate of Wm Buckley Junr dec.d.” There is reportedly a record ordering Amy Buckley Huff and her husband James Huff to appear to administer on the estate of Elijah Buckley. I haven’t been able to find either the record itself or a citation.

[3] See Note 1.

[4] Id.

[5] There is a 5-part series on the Buckleys and Martins on this blog. Displaying an utter lack of imagination, I designated them Part 1 ,  Part 2,  Part 3,  Part 4,  and Part 5.

[6] Id.

[7] The Sparacios abstracted so many Virginia records they founded their own publishing company (“The Antient Press”). They don’t exactly abstract, they copy deeds and other records verbatim. See Tithables Loudoun County, Virginia 1775 – 1781 (McLean, VA: The Antient Press, 1992); Ruth & Sam Sparacio, Tithables Loudoun County, Virginia 1770 – 1774 (McLean, VA: The Antient Press, 1992).

[8] A deceased person’s estate (land and taxable personal property) was taxable. The deceased person was not himself tithable (or taxable).

[9] William Sr.’s daughter Rosannah married a man named Halbert. See Note 1.

[10] Loudoun Co., VA Order Book G: 313, LDS Film #32,349, order of 11 Dec 1780. The 10,000 pounds refers to lbs of tobacco, not pounds sterling). Some people might rationalize that probate of the estate of person who died in September 1776 might be delayed until December 1780. If you can produce an example of such a lengthy delay, I will eat both my hat and my laptop. As a practical matter, family,  heirs, or creditors typically filed for probate within a very short time after death in order to care for assets (crops to be harvested, e.g.) and assure prompt and orderly disposition of the.

[11]  https://revolutionarywar.us/continental-army/virginia/.

 

Martin & Buckley, Part 5: William Buckley of Fairfax/Loudoun, VA

Previously in this series, we looked at the Martin and Buckley families of Elbert and Oglethorpe Counties, GA and Perry Co., AL. Now let’s head to Virginia. Here are the questions:

  • Why is this blog heading to Virginia, and where?
  • Who was the family of William Buckley Senior of Fairfax/Loudon VA?
  • Was William Buckley Junior a Revolutionary War soldier?
  • Was Elijah Buckley, son of William Junior, the same man as Elijah Buckley of Elbert Co., GA, Perry Co., AL and Jasper Co., MS?
  • Who were the children of William Buckley Junior?

Why Virginia, and where?

In Part 4, we saw that Elijah Buckley, Sally/Sarah Buckley (wife of Gibson Martin), and Frances Buckley? (wife of Claiborne Martin) were all born in Virginia in the 1770s. Both the Martin and Buckley families lived on Falling Creek in Elbert County (and then Oglethorpe), GA from the 1790s through 1819-ish. Some of these Buckleys and Martins then migrated to Perry Co., AL. Based on those facts and other circumstantial evidence, I concluded that Frances, Sally and Elijah Buckley were probably siblings.

So it’s time to head for Virginia to look for the Buckley siblings’ family of origin. Where to begin? Schlepping around early census records, I found a concentration of Buckley families in Fairfax and Frederick Counties. I decided to look in Fairfax county for the sole reason that Clayton Library (online research wasn’t worthwhile then) has a bunch of abstracts of Fairfax records.

The first Buckley record I found in Fairfax County confirmed that I would rather be lucky than smart any ol’ time. It was an abstract of a 1743 lease and release from John Thomas to William Buckley of Fairfax County, including the “plantation” where William Buckley then lived on Little Rocky Run of Bull Run.[1]

Well, well, well. We speculated in Part 4 that Frances Martin’s father might have been William Buckley because she and Clay named a son William Buckley Martin. However, William Buckley in the 1743 lease was born no later than 1722. He may be the wrong generation to have fathered Frances, Sarah and Elijah, all born in the 1770s. Perhaps William had a son or nephew named William? Yep!

The Family of William Buckley Senior

William Buckley Sr.’s family appeared in Fairfax County records through 1756, and then began appearing in Loudoun County when it was created in 1757.[2]Deed records conclusively prove three sons of William Sr.: John Fryer, William Jr., and Joshua Buckley. Joshua was expressly identified in one lease as William Sr.’s “fifth son.” Tax records and William Sr.’s will prove another son, Samuel.

Here are the birth years for William Sr.’s four known sons. These are my estimates, based on deed and tax records (see footnotes for explanation).

(1) John Fryer Buckley, the eldest son, was born circa 1741 – 1743;[3]

(2) William Buckley Jr.,born circa 1745 – 1746, but in any event no later than Dec. 1751;[4]

(3) Samuel Buckley, born circa 1746 – 1750;[5]and

(4) Joshua Buckley,[6]born circa 1752.

William Junior, our focus, appeared on Loudoun County tithable lists in 1771, 1774, 1775.[7]His last appearance as a tithable was in 1780, when he was specifically identified as “William Buckley Jr.”[8]He was on the same tax list as his brother Joshua.

Then William Jr. up and died. The Loudoun County court minute book for December 11, 1780 records that administration of his estate was granted to Amy Buckley, who posted a bond for her performance as administratrix.[9]The court identified the decedent as “Wm Buckley Junr dec.d.” Securities on Amy’s bond were John Buckley and Joshua Buckley, brothers of William Jr.  William Jr. must have died in 1780 because he appeared on a 1780 tithable list.

As for his widow Amy, please recall that both Frances Buckley Martin (wife of Claiborne)[10]and Sarah Buckley Martin (wife of Gibson)[11] named a daughter Amy. It wasn’t a common name. The family of William Jr. starts to look interesting.

William Jr. died intestate, i.e., without a will, and I found no distribution of his modest estate.[12] Fortunately, William Buckley Sr. did have a will, dated 12 July 1786 and proved 8 June 1789.[13]He left the land where he lived to his son Joshua and devised the rest of his estate in equal parts to his children John Buckley, Samuel Buckley, Elizabeth Buckley Harris, Sarah Buckley Harris, Catherine Buckley Harris, and Rosanna Halbert … and to his grandson Elijah Buckley, son of his deceased son William Buckley.

Family History Library (Salt Lake City) decorum undoubtedly frowns on twirling around in a chair in the microfilm reader section while pumping one’s arms in the air. Decorum be damned, I succumbed to the temptation when I read the film of that will. Other evidence suggests that Elijah, son of Amy and William Buckley Jr. of Loudoun County, Virginia, was the same man as Elijah Buckley of Elbert County, Georgia, Perry County, Alabama, and Jasper County, Mississippi. Hang on, we’ll get there, but first …

Was William Buckley Junior a Revolutionary War Soldier?

Some online trees say so. This is another case of “same name confusion:” Private William Buckley, Revolutionary War soldier, is emphatically not the same man as William Jr., husband of Amy and son of William Buckley Sr.

Military records prove that some William Buckley enlisted in Capt. Thomas Berry’s Company of the 8thVirginia Regiment of Foot. (If you have an Ancestry subscription, you can view the original here.) The 8th Regiment  was organized in early 1776 at the Suffolk Co. courthouse with men from Augusta, Berkely, Culpepper, Dunmore, Fincastle, Frederick and Hampshire Counties (but not Loudoun and Fairfax). The regiment  was “completed,” whatever that means in organizational terms, in Frederick Co.

Among the list of privates in Capt. Berry’s Company (which isn’t alphabetized), William Buckley’s name is immediately adjacent to an “Abra” (sic, Abraham) Buckley. Both of the Buckleys enlisted as privates on February 22, suggesting they lived in the same geographic area. The list states that William Buckley died 16 Sep 1776.

The 1776 death date for Private Buckley is compelling evidence that he was not the same man as William Buckley Jr., husband of Amy. That William Buckley Jr. was still alive for a Loudoun Co. tax list dated 1780.

This “same name confusion” has produced some bad information about William Jr.’s dates of birth and death in online trees. Because this is already an overlong post, I’m just going to put links to some trees in the footnote at the end of this sentence.[14] Once again, internet trees prove to be a crummy substitute for evidence in actual county records.

Was Elijah Buckley, son of William Jr., the same man as Elijah of Elbert GA, Perry AL, and Jasper MS?

We have seen circumstantial evidence that Sally/Sarah, Frances and Elijah Buckley were siblings. Some Elijah Buckley is conclusively proved as a son of William Buckley Jr. (d. 1780) and Amy, maiden name unknown. The question boils down to whether Elijah, son of William Jr., was the same man as the Elijah who was probably the brother of Sally and Frances Martin.

Luck intervened again. I connected with a researcher who posted a comment in a genforum about Amy Buckley. She was the sort of researcher who visited courthouses and looked at original county records, and therefore had instant credibility. She told me this: Amy, the widow of William Buckley Jr., married James Huff in Loudoun County. She said the couple appeared in the Loudoun court on the question whether they were properly administering the estate of William Buckley (Jr.) on behalf of his son Elijah. I haven’t seen that record yet, but I will.

James Huff, bless his heart, provides the thread of continuity from the northern neck of Virginia to Elbert County, Georgia and Perry County, Alabama, weaving together these Buckleys, Martins and Skinners.

So let’s follow James Huff around a bit. He first appeared in Georgia in Elbert County. A sheriff’s deed dated July 1803 conveyed all rights of James Huff to 100 acres on … wait for it … Falling Creek.[15] If you have followed this series of posts from the beginning, you know that it’s getting downright crowded on Falling Creek. There is a growing extended family of Martins, Buckleys, Skinners, and now Huffs, who owned land on that creek.

Here is the best part: James Huff applied for a Revolutionary War pension conclusively establishing that he lived in Prince William County, VA (from which both Fairfax and Loudoun Counties were created), Elbert County, Georgia and Perry County, Alabama.[16]Here are excerpts from my transcription of his testimony supporting his application. The emphasis is mine.

The State of Alabama Perry County. On this 24thday of October 1832.

Personally appeared in open court … James Huff, a resident of the said County of Perry and State of Alabama, aged seventy-three years,who being first duly sworn according to law, doth in his oath make the following declaration in order to obtain the benefit of the Act of Congress passed 7thJun 1832.

Question first propounded by the Court: Where and in what year were you born?

Answer: I was born in the county of Hopewell in the state of New Jersey in the year of our Lord 1759.

… Question 3rd: Where were you living when called into service?  Where have you lived since the Revolutionary War? And where do you now live?

Answer: I was living in Prince William County in the state of Virginia when called into service … then I removed about the year 1792 into Elbert County and State of Georgia where I resided about twenty seven years and then removed into Perry County, Alabama where I have resided ever since.

Question 7th: State the names of persons whom you know in your present neighborhood and who can testify as to your character for veracity, and good behavior, your services as a soldier of the revolution?

Answer: I am known to George G. Garriar, Esq., Claiborne Martin,John Edward Tubb, Gent., Jessee B. Nave, clerk of the County Court, Seaborn Aycock, Sheriff of Perry County and John Tubb, Gent., a minister or clergyman who will testify as to my character for veracity and good behavior. I know of no person now living who can testify as to my serving as a revolutionary soldier.

End of application testimony.

James Huff moved to Perry County from Elbert County, Georgia about 1819, at the same time as the rest of the Martin-Skinner-Buckley extended family. Moreover, he was confident that he could count on my ancestor Claiborne Martin to testify to his character for veracity and good behavior. Claiborne was not a local bigwig like the justice (identified by the honorific “Esq.”), the rich man (identified as “Gent.,” a person who need not work for a living), the court clerk, the sheriff, and the clergyman. Claiborne was the only regular Joe on James Huff’s list of character references. Claiborne was undoubtedly on that list because he had known James well for a long dang time. Probably ever since James moved to Elbert County in 1792, or for about four decades.

Let’s try to sum up. The last several posts comprise a web of circumstantial evidence based on dates and places of birth, family names, migration patterns, deeds, wills, tax lists, and a Revolutionary War pension application – all stretching from the northern neck of Virginia to Oglethorpe Co., GA and Perry County, AL. It is difficult to sum it all up neatly, which is why this has been a multipart series. Each piece of evidence, per se, is unassailable. What the cumulative evidence proves is the hard question (see this article about standards of proof). I think it is more likely than not that the evidence proves that Frances Martin, wife of Claiborne, was a daughter of William Buckley Junior and his wife Amy, maiden name unknown, and a daughter-in-law of James Huff.

Last question: who were the children of William Buckley Jr. and Amy MNU?

If you view the evidence as I do, we have identified their children as Frances Buckley Martin, Sally/Sarah Buckley Martin, and Elijah Buckley. There is one more to add.

I found her with another bit of luck. I was searching the online Buckley family genforum for any postings on the identity of William Buckley Jr.’s children. I didn’t find anything about Sally Buckley Martin or Frances Buckley Martin. I did, however, find a reference to Ann Buckley Moseley, wife of Reverend Elijah Moseley of Georgia.

 There are Moseleys all over the records of Wilkes and Elbert Counties, GA around the turn of the century. Moseleys have been a longstanding thorn in my side. Here’s the deal: Amy Martin, daughter of Claiborne and Frances Buckley Martin, married Isaac Oakes in 1819 in Dallas Co., AL. Isaac and Amy named a son Elijah Moseley Oakes. Because of that name, I had been looking for an Oakes-Moseley connection, or a Martin-Moseley connection, in northeast Georgia. I never found one. I had not looked for a Buckley-Moseley connection, but there was one staring me right in the face: Ann Buckley Moseley.

I promptly emailed Joseph Moore, the man who posted a question about Ann Buckley Moseley, asking him for more information on her. He is a careful researcher, much published, and a very nice man. He agreed (this was 12-14 years ago?) that Elijah Buckley, Sarah/Sally Buckley Martin (wife of Gibson), Frances Buckley Martin (wife of Claiborne), and Ann Buckley Moseley (wife of Reverend Elijah) were siblings, and that they were the children of William Buckley Jr. and his wife Amy.

As it turned out, Joseph Moore had no conclusive proof that Ann Moseley was née Buckley. However, he had compelling evidence in the form of oral family history and family naming patterns. Specifically, two great-grandchildren of Elijah Moseley identified Elijah’s wife as a Buckley, and the two families with that oral tradition didn’t know each other, said Joseph. Further, the name Buckley appears twice as a middle name among Elijah Moseley’s grandchildren.

Ann Buckley Moseley died about 1801, shortly after the birth of her third child, so she did not live long enough to appear in a census that would identify her state of birth. Joseph Moore estimates that she was born in the 1770s, the same decade that Elijah, Sarah/Sally and Frances were born in Virginia.

Anyone who has read this far and is still compos mentis can surely guess (1) the name of the creek where the Moseleys owned land in Elbert County, Georgia, and (2) the name of Ann Buckley Moseley’s first son.

The answers, of course, are Falling Creek and William. I will include in the footnote at the end of this sentence four Falling Creek/Elbert County deeds that demonstrate a dizzying array of links among the Moseley, Buckley, Martin, Skinner and Huff families on Falling Creek.[17] I have added Ann Buckley Moseley to the list of children of William Buckley Jr. and Amy Unknown Buckley Huff.

And that’s all I have to say about the Martins and the Buckleys. See you on down the road.

* *  *  * *  *  * *  *  *

[1]Ruth & Sam Sparacio, Deed Abstracts of Fairfax County, Virginia (1742 – 1750) (McLean, VA: 1986), abstract of Fairfax Deed Book A: 146, John Thomas to William Buckley of Fairfax, lease and release for 100 acres on Little Rocky Run of Bull Run, the plantation where William Buckley now lives.

[2]The family didn’t move; the jurisdiction in which they lived just changed. John T. Phillips, II, The Historian’s Guide to Loudoun County, Virginia Volume I Colonial Laws of Virginia and County Court Orders, 1757 – 1766 (Leesburg, VA: Goose Creek Productions, 1996), abstract of Loudoun Co. Court Minute Book A: 228, record dated 16 Mar 1759, lawsuit in which “John Fryer Buckley … is represented … by William Buckley his Father & next Friend…”

[3]Ruth & Sam Sparacio, Deed Abstracts of Fairfax County, Virginia (1750 – 1761) (McLean, VA: 1986),abstract of Fairfax Deed Book C1: 276, lease of 224 acres on Rocky Run dated December 1751 identifying John Fryer and William as sons of William Buckley Sr. John Fryer was the only son to be listed as a tithable in 1761, so he wasat least 16 by then (possibly older, because there are no earlier extant tax lists that included this family). He was clearly the eldest son since no other sons were of taxable age in 1761, and he was born by at least 1745. However, a 1766 tithable list described him as an overseer, a fairly responsible position. I estimatethat John Fryer was b. 1741-43.

[4]Ruth & Sam Sparacio, Tithables Loudoun County, Virginia 1770 – 1774 (McLean, VA: The Antient Press, 1992). William Jr. was first listed in his own household in 1771. Colonial planters generally married and/or had their own households around age 25, suggesting that William Jr. was born circa 1745-46.

[5]Id. Samuel and Joshua both first appeared as tithables in a 1768 list. Both were thus born by 1752. I assumed that Joshua, identified as the fifth son (see footnote 6) was b. abt. 1752. Samuel was born sometime between William Jr. and Joshua.

[6]Sparacio, abstract of Fairfax Deed Book D: 368, deed dated August 1, 1756, a life estate conveyed to William Buckley for 267 acres in Fairfax County on the branches of Bull Run. The term of the lease was for the life of whomever lived longest among William Buckley, William Buckley Jr. and Joshua Buckley. Joshua was identified as lessee’s fifth son.

[7]Some tithable lists are missing or incomplete, explaining the gaps between years.

[8]Ruth & Sam Sparacio, Tithables Loudoun County, Virginia 1775 – 1781 (McLean, VA: The Antient Press, 1992); Sparacio, Tithables Loudoun County, Virginia 1770 – 1774.

[9]FHL Film 32,349, Loudoun County, Virginia Court Order Books, Volumes F – G, 1773 – 1783, Order Book G: 313, Amy Buckley granted administration of the estate of William Buckley Jr.

[10]FHL Film 1,290,344, item 3, Perry County, AL Will Book A: 302, will of Claiborne Martin naming his children including Amy Martin Oakes. See also FHL Film 1,522,395, administration of the estate of Claiborne Martin after his widow Frances died. Distribution to heirs included a payment to Amy (Martin) Oakes.

[11]Frances T. Ingmire, Oglethorpe County, Georgia Marriage Records 1795 – 1852 (St. Louis: 1985, reprinted by Mountain Press, Signal Mountain, TN), marriage record dated 22 Sep 1800, Gibson Martin and Sally Buckly; marriage record dated 24 Oct 1827, Amy Martin and Frederick Butler; FHL Film 158,679, Oglethorpe Co., GA Deed Book N: 390, deed dated 4 Mar 1830 from Frederick Butler to John Martin and Elijah Martin, all of Butler’s interest in land as an heir of Gibson Martin’s estate.

[12]I haven’t made much headway in the court records of Loudoun County, but did find one entry about William Jr.’s estate. FHL Film 32,349, Loudoun Co., VA Order Book G: 514, 14 Apr 1783, inventory and appraisal of the estate of William Buckley Junr dec’d returned and recorded.

[13]FHL Film 32,276, Loudoun County, Virginia Will Books D – F, 1788 – 1802, Will Book D: 36.

[14]One frequently cited source for information about William Buckley’s family is the S.A.R. application of Joseph Indus Lambert. It says that William Buckley Jr. (son of William Sr.) was born 11 Nov 1752 and died 16 Sep 1776. It also identifies a son Elijah, born 1775. We know, however, that William Jr. was born no later than December 1751, probably during the 1740s. We also know that William Jr. died in 1780.  Elijah’s date of birth is 1779 in the 1850 census, although census errors are admittedly common as dirt. Elijah’s tombstone in the Buckley cemetery in Jasper County, MS says that he was born in 1775. Please note, however, that the stone was installed by none other than … Joseph I. Lambert. See the newspaper article about the tombstone installation on the Findagrave website . here. If you have an Ancestry.com subscription, you can access Mr. Lambert’s SAR application here.

There are several Buckley trees at FamilySearch.org, the LDS website. Some of them also claim that William Jr. was born in 1759 and died in 1776. Similarly, there are trees at Ancestry.com (e.g.,the Slay Family Tree) claiming William Jr. was born 11 Nov 1755 and died 16 Sep 1776.

And here’s a real goodie: a tree at Rootsweb says that William Jr. was born in 1755, died in 1776, and had a son Elijah born in 1779 … 3 years after he died. Oops!!!! All of these trees (except for the SAR application) say that William Jr.’s wife was named Amy and that his father was William Buckley Sr., so they are all dealing with the same William Buckley.

[15]Farmer, abstract of Elbert County Deed Book H: 151.

[16]Revolutionary War Pension File No. 22419, soldier S13476. SeeVirgil White, Genealogical Abstracts of Revolutionary War Pension Files Volume II: F- M (Waynesboro, TN: The National Historical Publishing County, 1991), at p. 1750.

[17](1) January 1793, deed from Henry Mosely and wife Polly to Henry Hunt, all of Elbert County, 180 acres on the waters of Falling Creek granted to Henry Mosely in 1787, adjacent George Mosely’s survey, Robert Moseley, Henry Moseley, and Joseph Bell. Michal Martin Farmer, Elbert County, Georgia Deed Books A – J 1791 – 1806 (Dallas: 1997), abstract of Elbert Co. Deed Book B: 10. (2) November 1795 deed from Joseph Bell & wife Elizabeth to Henry Mosley, all of Elbert Co., £200 for 279 acres on the waters of Falling Creek, part of 579 acres granted to George Martin in July 1786, the whole tract having previously been sold to Joseph Bell by George Martin. Joseph Bell already sold the other 300 acres to David Martin. The 279 acres not sold to David Martin is here conveyed to Henry Mosely. Grantor also conveys 200 acres on Falling Creek granted to George Martin on 4 February 1785 and sold by him to Joseph Bell on 26 Dec 1789. Grantor also conveys another tract containing 360 acres that was granted to Archer Skinner on 23 Jun 1790. Id., abstract of Elbert County Deed Book D: 78. (3) December 1803 deed, Lewis Moseley sold 100 acres on Falling Creek that had formerly belonged to James Huff. Michal Martin Farmer, Elbert County, Georgia Deed Books K-R 1806 – 1819 (Dallas:  Farmer Genealogy Co., 1997), abstract of Elbert Co. Deed Book K: 9. (4) November 1808 deed, Henry Moseley to Abner McGehee, 1,000 acres on Falling Creek which was part of three surveys, two of which were originally granted to George Martin and the other to Archer Skinner. Id., abstract of Elbert Co. Deed Book M: 87.

 

Martin & Buckley, Part 4: Claiborne Martin’s Wife Frances

A friend and very distant cousin told me gently that stories about research don’t generate much enthusiasm. In her experience, people are more interested in essays/articles that tell a story. Another friend and cousin, Bill Lindsey, writes a blog featuring great stories about his family.  I’m green with envy.

I have two problems writing stories about my ancestors, having already used the one about “love at first sight during the Civil War.”  First, my family of origin had no oral history worth a hill of beans. The Rankins only talked about who had died, or whose gall bladder had been removed, or “race relations.” They were, to a man and woman, horrible bigots. The Burkes talked mostly about each other, including who was not speaking to whom. Also, a couple of the Burkes were famous as  tellers of tall tales, to put it in the best light possible. The result is that I only have a few good family stories, and some are unprintable because they would get me in hot water with my first cousins.

The second problem is that I want to focus in this blog on (1) errors in the conventional wisdom (here’s an example about a Rankin myth), (2) information that hasn’t yet been made widely available (e.g., a newspaper notice and lawsuit identifying a bunch of Burkes), (3) information of any sort about the Rankin family, and (4) family connections that appear to be new news (such as Eleanor “Ellen” Rankin’s family of origin).

Claiborne Martin’s wife Frances falls into the last category. I did a search on Ancestry.com family trees using a few established facts: Claiborne Martin, born about 1767 in North Carolina, died 1851 in Perry Co., AL, lived in Oglethorpe Co., GA, wife’s name Frances.

That search returned only three Ancestry trees that included Claiborne’s family. They identified his wife as (1) Sarah Ford, (2) Frances Oakes?, and (3) Frances Oakes. The latter two get a “close, but no cigar” award. Although Clay’s wife Frances was not née Oakes, two of his daughters, Haney and Amy, married brothers named Oakes. See also Claiborne Martin at WikiTree. That website doesn’t identify either Clay’s wife or parents and names only two of his eleven children.

Hmmmm … I just realized I am avoiding writing about Frances Martin’s family of origin. There is good cause for my reluctance. Identifying her family was a difficult search that lurched willy-nilly among geographic locations and time frames, going clear around the block several times. Research rarely takes a straight line, especially when one makes rookie mistakes as I did in this case. And, after all that, my conclusions about Frances Martin’s family are supported only by a complicated web of circumstantial evidence.

The only way I know how to write about the evidence with even a modicum of clarity is to follow the path my research took. I fear it will bore many people to tears.

Instead, let’s just jump straight to the bottom line. If you want to sift through the evidence I’ve got and decide for yourself whether it is sufficient to prove Frances Martin’s family of origin, please read on after this short chart.

1 William Buckley Sr., b. circa 1715, VA?, d. 1789, Loudoun VA. Wife unproved, probably Elizabeth Fryer/Fryor, d/o John Fryer.

2 William Buckley Jr., b. circa 1745, VA, d. 1780, Loudoun VA.  Wife Amey MNU, dates of birth and death unproved. She m. #2 James Huff.

Sarah/Sally Buckley, b. 1770 – 1780, Loudoun VA, d. 1863, Oglethorpe GA. Married Gibson Martin in 1800, Oglethorpe GA.

3 Frances Buckley, b. abt. 1775, Loudoun VA, d. 1865, Perry AL. Married Claiborne Martin abt. 1794, Elbert GA?

Ann Buckley, b. abt 1775, Loudoun VA, d. abt. 1801, Elbert GA. Married Elijah Moseley.

3 Elijah Buckley, b. 1779, Loudoun VA, d. 1855, Jasper MS. Wife Nancy MNU.

Those are the “short answers.” Now, if you wish, let’s wade through the research trail. (Much more fun than the bare facts, right?)

We’ll begin in Oglethorpe County, GA with three facts pertinent to Frances Martin’s maiden name. First, Frances and Clay named their eldest son William Buckley Martin.[1] Buckley immediately becomes a favorite for Frances’s maiden name, with William a strong possibility for her father’s given name. Second, Clay’s brother Gibson married Sally (Sarah) Buckley in Oglethorpe County in 1800.[2] Third, both Sally Buckley Martin and Frances Martin were born in Virginia in the 1770s.[3]

In my rookie ignorance, I figured all I had to do was sort out the Oglethorpe Buckleys around the turn of the century and I would nab Frances Martin’s family of origin. Piece of cake. Hahahaha …

One small problem: there were no Buckleys in Oglethorpe about that time. No Buckleys in either the 1800 census, the tax lists from 1796 through 1820, or the deed records from 1794 through 1820. Also, the marriage bond of Sally Buckley and Gibson Martin is the sole mention of any Buckley, male or female, in the Oglethorpe County marriage records from 1795 through 1852.

The absence of Oglethorpe Buckleys seems peculiar, because Georgia marriages were usually recorded in the county where the bride resided.[4] Gibson’s bride Sally Buckley almost certainly lived in Oglethorpe in September 1800. But there were no Buckleys living in Oglethorpe in 1800.

I concluded that the family with whom Sally Buckley was living in September 1800 was not named Buckley. Either that, or she parachuted into Oglethorpe County from Mars. Looking for a family “not named Buckley” has some serious limitations as a research theory, though (as does the parachute notion). Had I not been a rank rookie when I did this research, I would have looked for Buckleys in Elbert and Wilkes Counties, even though Sally was probably living with an Oglethorpe family in 1800. Think county formation, Robin … Oglethorpe and Elbert were both created from Wilkes! Instead, I went back to Perry Co., AL, where Claiborne and Frances Martin moved circa 1820.

Forgetting about county formation history has tripped me up more than once.

Happily, there were enough Buckleys in Perry County to provide grist for the research mill. The patriarch was Elijah Buckley, who was listed in the age 50 to 60 category in the 1830 census, born between 1770 and 1780.[5] A later census says he was born about 1779.[6] His birth year indicates he belongs to the same generation as Frances Martin (born about 1775), and Gibson Martin’s wife Sarah/Sally Buckley Martin (born during the 1770s).

Perry County family names suggest a relationship between Elijah Buckley and the Martins. In January 1832, Archibald (sic, Archer) Buckley filed a bond as administrator of William Buckley, deceased.[7] Archer was Elijah’s son.[8] Archer’s securities on his administrator’s bond included Martin M. Buckley – another son of Elijah’s.[9] The dead William Buckley was almost certainly another son of Elijah. Thus, Elijah Buckley likely had sons William, Archer, and Martin Buckley. Dizzying, isn’t it? Men named William Buckley Martin (son of Frances and Clay) and Martin M. Buckley (son of Elijah) both lived in Perry County.

The Buckleys appeared consistently in Perry County records until about the mid 1840s, then disappeared.[10] I searched for familiar Buckley names in other Alabama counties in 1850, then headed west when Alabama didn’t pan out. I didn’t have to go very far. The 1850 census for Jasper County, Mississippi has entries for Elijah and his son Archer, as well as Joseph E. Buckley and Benjamin M. Buckley (two other sons).[11]

The 1850 census listed the name of every member of a household and each person’s age and state of birth – the first federal census to do so. The 1850 Jasper County census has two nuggets. First, Archer Buckley, age 43 in 1850, was born in Georgia about 1807. (Oops … so there were Buckleys somewhere in Georgia around the turn of the century!) Second, the entry for Elijah Buckley, age 71, says he was born in Virginia.[12]

Belatedly, I searched for Buckleys in Georgia counties other than Oglethorpe, where Sally Buckley married Gibson Martin in 1800. I must blush. There was Elijah Buckley, big as Dallas, in Elbert County. That is where George, David, Claiborne and William Martin had first appeared. In 1801, Elijah bought land in Elbert County on Falling Creek.[13] More blushing. As you know, that is the creek where the Martins lived.[14]

Goodness gracious sakes alive, as they say in Claiborne Parish, LA! Not only were Elijah Buckley, Sally/Sarah Buckley Martin, and Frances Martin all born in Virginia, they were all born during the same decade. And the Martins and Buckleys both lived on Falling Creek in Elbert County, Georgia before the families of Elijah Buckley and Frances Martin migrated to Alabama. Do you think those three were Buckley siblings?

I am reminded of a “Magic 8 Ball” toy I once had. It was a black plastic sphere with a round, flat piece of glass about 1 ½” in diameter on the bottom. There was an “8″ in a white circle on the top, like the eight ball in pool. The ball was filled with liquid. Floating in the liquid was a multifaceted solid, each face of which was a small white triangle. Each face contained a terse little saying. Here’s how it worked: one “asked” the Magic 8 Ball a question, then turned it upside down and read the triangular “answer” facet that floated up to appear in the glass circle.

My all-time favorite answer was “all signs point to yes.” Delicious. Not unequivocally affirmative, just very, very encouraging – suggesting a positive answer, but with an air of uncertainty. (Consequently, it was always right, no matter what the answer turned out to be). I asked it earth-shaking questions such as, “is Walt going to ask me for a date?”

If I still had that Magic 8 Ball, and asked it whether Frances Martin, Elijah Buckley and Sarah (“Sally”) Buckley Martin were siblings, it would undoubtedly respond with that exact phrase – qualified, perhaps, with “so far.” However, we need more evidence. Lots of people were born in Virginia in the 1770s – although, frankly, most of them did not wind up living on the same obscure little creek in northeast Georgia near the end of that century.

That’s enough for this installment, even for those of you who like to evaluate evidence. We will pick up the search for Frances (Buckley?) Martin’s family of origin in the northern neck of Virginia near a little creek known as Bull Run.

See you on down the road.

[1]FHL Film 1,578,227, Perry County Deed Book B: 56, deed of 8 Sep 1830, Claiborn Martin to Buckley Martin, his son, for love and affection (gift deed); FHL Film 1,509,297, Perry County, Alabama Probate Records – Lockett, Napoleon to Martin, George M., File #53-022-1069, estate records of Claiborne Martin (hereafter “Martin Estate Records”), record of distribution to William B. Martinand other heirs.

[2]Fred W. McRee, Jr., Oglethorpe County, Georgia Marriage Records, 1794-1852(Lexington, GA: Historic Oglethorpe County, Inc., 2005), citing Oglethorpe Marriage Book A: 127.

[3]1850 federal census, Oglethorpe Co., GA, listing for Sarah Martin, 70, b. VA, dwl 279; 1850 census, Perry Co., AL, listing for Claiborne Martin, 83, b. NC, and Frances Martin, 74, b. VA, dwl. 61.

[4]Jordan R. Todd, Georgia Marriages, Early to 1800(Bountiful, Utah: 1990, Liahona Research, Inc.). Georgia did not require marriages to be registered in counties until 1804. Prior to that date, counties which did record marriages usually recorded them in the county where the bride resided.

[5]1830 federal census, Perry Co., AL, listing for Elijah Buckley, 01101001-0000001.

[6]1850 federal Census, Jasper Co., MS, listing for Elijah Buckley, age 71.

[7]FHL Film 1,509,046, Perry Co. Estate Papers, “Boyd, Drury S. – Buckley, William,” estate file of William Buckley.

[8]Jasper Co., MS Will Book 1: 2, will of Elijah Buckley Sr. of Jasper Co. proved 5 Jul 1855, naming wife Nancy and “lawful heirs.” Sons M. M. Buckley (Martin M. Buckley) and A. Buckley (Archer), executors. Witnesses J. E. Buckley (Joseph E.) and B. M. Buckley (Benjamin M.).

[9]Id., estate file of William Buckley.

[10]Elijah, Martin M., and Archer Buckley were all enumerated as heads of household in the 1840 census for Perry Co., AL. The last record I found for a Buckley in Perry Co. is a deed of 1 Jan 1845 witnessed by Martin M. Buckley. FHL Film 1,578,229, Perry Co., AL Deed Book G: 745.  By 1850, they were in the census for Jasper Co., MS.

[11]See note 8; see also 1850 federal census, Jasper Co., MS, had listings for Ellijah Buckley, 71, b. VA, Arch Buckley, 43, b. GA, Joseph E. Buckley, 29, b. AL, and Benjamin M. Buckley, 27, b. AL.

[12]Id., Ellijah [sic] Buckley, 71, farmer, b. VA.

[13]Farmer, abstract of Elbert County Deed Book G: 65.

[14]Id.,abstract of Elbert Co., GA Deed Book A: 128, deed of 29 Dec 1792, Joseph Bell & wife Elizabeth to David Martin, all of Elbert Co., £200, 300A in Elbert on both sides Falling Cr., part of 579A granted to George Martin dated 20 Jul 1786.

Martin & Buckley, Part 1: Oglethorpe/Elbert GA, & Perry AL

My ancestor Claiborne (“Clay”) Martin has been a longstanding brick wall. He was born in North Carolina in the latter part of the 18th century. Unfortunately, Martin is a relatively common name in that time and place: the 1790 federal census has 177 Martin heads of household listed in North Carolina. The numbers are daunting.

Frustrated by lack of success, I have abandoned research in NC in favor of writing what I know (or think I know) about Clay and his wife Frances. Here are the two issues this series of posts will address:

  • who were Clay’s siblings and parents?
  • who were the siblings and parents of Clay’s wife Frances?

God willing and the creek don’t rise, I will manage to complete a series of articles addressing these questions before I get diverted onto yet another Rankin rabbit trail. Let’s start with a brief summary of Clay’s life.

He was born in North Carolina about 1767,[1] but had moved to Georgia by at least 1785.[2] Given his relatively young age at the time, it seems likely he moved with family. He was a farmer and a slave owner.[3] He married his wife Frances circa 1794, probably in Elbert County, Georgia.[4] Clay and Frances raised a large family – two sons and nine daughters survived to adulthood – in Oglethorpe County, Georgia, before moving to Perry County, Alabama.[5]

I like Clay, despite his slave ownership, because (among other things) he took care of his extended family. When one of his brothers died in Oglethorpe, Clay paid property taxes on behalf of his brother’s widow for several years.[6] He also paid taxes for a year on behalf of a widowed sister.[7] He stayed out of politics, public life, jail, lawsuits and other controversies. So did his children. He and Frances were married for roughly sixty years, which is no mean feat (said the woman who has been married more than 50 years).[8]

Here is a charming thing about Claiborne and Frances Martin: they had mules named Bill and Cuff and horses named Jimmie and Ned.[9] What are the odds that, 170 years from now, someone will unearth the name of your animals? Only, I’m guessing, if they are preserved in answers to the security questions on your bank account.

Clay is identified in an abstract of Georgia records as a Revolutionary War veteran.[11] That is probably wrong. At first glance, it seems unlikely that Clay served, because he was only fourteen (maybe sixteen, given the margin of error in census age reporting) when the war was mostly over. However, my husband Gary tells me that there were actually soldiers that young.

The evidence is at odds with the abstract, even ignoring the age issue. First, Clay never applied for a Revolutionary War pension, although he would have been eligible under the act of 1828 if he had served for at least nine months – or six months, under the 1832 act.[12] Clay was still alive in 1832, and would presumably have applied had he been eligible. Second, the abstract also names Gibson Martin, Clay’s brother, as a Revolutionary War soldier. Gibson’s grandchildren kindly erected a tombstone for him in Oglethorpe County giving his birth date as September 10, 1770.[13] Cornwallis surrendered at Yorktown in September 1781, when Gibson was just turning eleven, much too young to have served. If the abstractor erred with respect to Gibson’s war service, he/she was probably also wrong about Clay, since both names purportedly came from the same list found in the office of the Oglethorpe Court of Ordinary. Eventually, I will get a look at that record. I suspect it will be evidence that Clay and Gibson were entitled to draw lots in the Georgia land lottery because their father was a Revolutionary War soldier.

In September 1818, Clay sold his land in Oglethorpe.[14] Some time during the next twelve months, Clay and Frances and a large extended family moved to Alabama. One of Clay’s daughters – my ancestress Amy Martin – married my ancestor Isaac Oakes (also born and raised in Oglethorpe) in Dallas County, Alabama in October 1819.[15] Clay was not listed as a head of household in the 1820 census for Dallas County, and there is no extant 1820 census for Perry County, so the census is no help. It’s a good bet, however, that Amy, age nineteen at the time, didn’t move from Georgia to Alabama without family chaperones.[16] In fact, Claiborne’s father-in-law was definitely in Perry County by 1819.

Once in Perry County, Clay farmed and cared for family. He gave his eldest son a gift of land, provided for his children and grandchildren in his will, and took care of his widowed daughter Sarah and other family members.[17] The Martins apparently never got to enjoy an empty nest. In 1850, when Clay was 83 and Frances was 74, they had seventeen-year-old and fourteen-year-old girls living with them (children of their widowed daughter, Sarah Martin Crow).[18] In the 1840 census, there were six children under the age of fifteen and several young adults in Frances and Clay’s household.[19] So far as I can determine, their own youngest child was born in the middle 1820s at the  latest, and was married before the 1840 census.[20] Consequently, the six kids living with the Martins in 1840 likely qualified as extended family, probably grandchildren. I’m exhausted just thinking about it.

Clay died in Perry County about September 1853, leaving a decent estate that generated a huge probate file.[21] Those documents conclusively prove his wife Frances, the identities of children and some of their spouses, and quite a few grandchildren.[22] The moral: in genealogy, as with everything else in this life, it pays to come from a family that is moderately well-to-do.

Here are Claiborne and Frances Martin’s children and their spouses, all proved in Clay’s will and/or in Perry County estate files.

  • Elizabeth Martin,vb. abt 1794 Oglethorpe, d. by 1851, Perry, m. Theodoric Oliver 1820, Dallas AL. Two children.
  • Haney Martin, b. abt 1796 Oglethorpe, d. after 1880, Perry, m. Thomas Oakes (1785-1857) in 1816, Oglethorpe. One child, Lucy Oakes
  • Fanny Martin, b. abt. 1798 Oglethorpe, d. 1860-70, Union Par. LA, m. John Smith 1814 Oglethorpe. Six sons.
  • Amy Martin, b. 1800 Oglethorpe, d. 1865 Claiborne Par. LA, m. Isaac Oakes (b. 1797 Oglethorpe d. 1885 Claiborne) 1819, Dallas Co. AL. Ten children: Elizabeth, Elijah Moseley, Haney, Washington Lafayette, Reuben M., Susan, Isaac C., Lucy Frances, Nancy Wisdom, and John L. Oakes.
  • Frances Martin, b. bet. 1800-1810 Oglethorpe, d. bef. 1865, m. David Chandler 1827 Perry Co. 6 children.
  • William Buckley Martin, b. abt. 1806 Oglethorpe, m. Susan A. MNU. Probably 10 children.
  • Sarah A. martin, b. abt. 1807 Oglethorpe m. Silas Harlan Crow 1827, Perry AL. Children Mary Frances, Silas H. and Isaac M. Crow.
  • Clara Martin, b. abt 1812 Oglethorpe d. aft 1880 m. John J. Hunter 1830 Perry AL. 8 children.
  • Lucinda “Lucy” Martin, b. abt 1812 Oglethorpe d. bet. 1860-70 Perry, m. Jesse Suttle 1831 Perry AL. Eleven Children.
  • Claiborne Jackson Martin, b. 1815 Oglethorpe d. 1892 Freestone Co., TX, m. Elizabeth b. Kelly (1818-1903) 1837 Perry AL. Five children.
  • Malinda Martin, b. abt 1823 Perry d. 1853-56 Perry, m. Zachariah Chandler 1839 Perry AL. Seven children.

Frances Martin died in Perry County in 1865, about age ninety.[23] By my count, the Martins had 69 grandchildren. I may have missed some. She and Clay were undoubtedly both buried in Perry Co., probably on their own farm. Their tombstones, if there were any, have long since either been reclaimed by the land or swiped by someone who collects that sort of thing.

That will have to remain a mystery. There is NO WAY I am wandering around any more woodsy cemeteries in Perry County looking for ancestors’ tombstones. Gary and I did that during a genealogy trip in August 2007, and we learned a very, very hard lesson about Alabama chiggers.

That is pretty much everything I know about Clay’s life, other than some facts relevant to identifying his family. I will save those for subsequent posts in this series.

See you on down the road. It’s kind of nice to let the Rankins be for a while.

*   *   *   *   *   *   

 [1]1850 federal census, Perry Co., AL, Radfordsville, dwl 61, listing for Claiborne Martin, 83, b. NC, farmer, Frances Martin, 74, b. VA, Sarah Crow, 43, b. GA (neé Martin), and Sarah’s two daughters.

[2]Clay first appeared in the records in a Wilkes Co., GA deed of 28 Dec 1792, when he was about twenty-five (see note 1). Michal Martin Farmer, Wilkes County, Georgia Deed Books A – VV 1784 – 1806(Dallas: Farmer Genealogy Co., 1996), abstract of Deed Book PP: 1, deed from David Martin and wife Alcy of Elbert Co., GA to Archer Skinner of Wilkes Co., witnessed by Clabourn Martin. David Martin had been appearing in the Wilkes County records since 1785. Assuming that David was Clay’s brother, which is highly likely (more on that later), it is reasonable to assume that Clay had alsobeen around Georgia since at least 1785.

[3]E.g.,1840 federal census, Perry Co., AL, p. 250, Claiborne Martin enumerated with five slaves; 1850 federal census, slave schedule, Perry Co., AL, Radfordville, Claiborne Martin listed with twelve slaves.

[4]The Martins’ marriage date of 1794 is a rough estimate based on Frances’s birth date (1775 or 1776 according to the 1860 or 1850 census) and the births of their children, three of whom were born during the 1790s. Seenote 1 (1850 federal census); 1860 federal census, Perry Co., AL, p. 633, dwl 22, listing for Frances Martin, 85, b. VA; Mary Bondurant Warren,1800 Census of Oglethorpe County, Georgia(Athens, GA: 1965), Claiborne Martin enumerated with three females under age ten in his household. Clay and Frances were likely married in Elbert Co., because that is where both lived when they married.

[5]FHL Film 1,509,297, Perry County, Alabama Probate Records – Lockett, Napoleon to Martin, George M., File #53-022-1069, estate records of Claiborne Martin (hereafter “Martin Estate Records”). The file, which I copied in its entirety and have transcribed, contains numerous documents identifying Clay’s children and heirs. Documents include Clay’s will, depositions, and several accounts of the estate distribution. Clay and Frances left Oglethorpe for Perry Co. about 1818.

[6]FHL Film 177,699, Oglethorpe County, Georgia Tax Digests, 1806 – 1815. Claiborne paid county land  taxes on behalf of Gibson Martin, deceased, or his widow Sarah/Sally Martin, during 1810 through 1816.

[7]Id.Claiborne paid land tax on behalf of Elisha Herrin (whose wife Sally was neé Martin) in 1811.

 [8]Clay and Frances were probably married circa 1794, see note 4. Clay’s will was recorded on 12 Sep 1853, and he probably died shortly before that date. Martin Estate Records.

[9]Martin Estate Records, appraisal dated 8 Sep 1865 of the personal property of the estate of Claibourn [sic] Martin, taken after Frances died. Per her husband’s will, Frances owned only a life estate in their property. That ownership interest terminated when she died. As a result, the estate remaining after her death was administered as part of Claiborne’s estate, even though Frances died about twelve years after Claiborne. The remaining estate was therefore disposed of in accordance with the terms of Claiborne’s will.

[10]Marie De Lamar & Elisabeth Rothstein, The Reconstructed 1790 Census of Georgia(Baltimore: Genealogical Publishing Co., 1989).

[11]Rev. Silas Emmett Lucas, Some Georgia County Records Vol. 7(Greenville, SC: Southern Historical Press, Inc., 1993) at p. 465, from a list dated 1 Feb 1804, “Names of Revolutionary Soldiers who drew Land Lots, found of record in the Ordinary’s Office of Oglethorpe County, Georgia.”

[12]The 1828 act did not require the applicant to prove he was indigent, as had the previous pension legislation. W. T. R. Saffell, Records of the Revolutionary War(Baltimore: Clearfield Company, Inc., originally published 1894; reprinted by Genealogical Publishing Co., Inc., Baltimore, 1969).

[13]Historic Oglethorpe Co., Inc., Cemeteries of Oglethorpe County, Georgia(Fernandina Beach, FL: Wolfe Publishing Co., 1995).

 [14]FHL Film 158,677, Oglethorpe Co., GA Deed Books J and K, 1818 – 1823, deed of 18 Sep 1818 from Claborn [sic] Martin of Oglethorpe to John McCleath, 170 acres on the waters of Big Creek, Deed Book J: 154. Clay’s last appearance on the Oglethorpe County tax list was also in 1818. FHL Film 177,700,  Oglethorpe County, GA Superior Court Tax Digests, 1816 – 1824.

[15]Family Adventures, Early Alabama Marriages 1813 – 1850(San Antonio: 1991), 18 Oct 1819 bond, Isaac Okes [sic, Oakes] and Anna [sic, Amy] Martin, Dallas Co., AL.

[16]The first Alabama record I found for Clay was a May 1822 order in the court minute book appointing him to a jury to lay out a road. Original of Perry County Record Book 1826 – 1840 at p. 29, viewed at the Perry County courthouse in August 2007. Note that the title of the book suggests that it dates from1826. However, actual entries begin in 1820. Perry County was created 13 Dec 1819.

[17]FHL Film 1,578,227, item 1, Perry County, Alabama Deed Book B (cont’d), deed from Claiborne Martin to his son, Buckley Martin, for love and affection, 158.52 acres. Deed Book B: 56. See also Martin Estate Records and notes 6 and 7.

 [18]1850 federal census, Perry Co., AL.

[19]1840 federal census, Perry Co., AL.

[20]Family Adventures, Early Alabama Marriages 1813 – 1850(San Antonio: 1991), marriage bond of Zachariah M. Chandler and Malinda Martin, 7 Mar 1839.

[21]Martin Estate Records.

[22]See id. Claiborne and Frances’s eleven children were Elizabeth (wife of Theodorick Oliver), Haney (second wife of Thomas Oakes), Fanny (wife of John Smith), my ancestor Amy (wife of Isaac Oakes), Frances (wife of David Chandler), William Buckley Martin (wife Susan LKU), Sarah (wife of Silas H. Crow), Clara (wife of John J. Hunter), Lucinda (wife of Jesse Suttle), Claiborne Jackson Martin (m. Elizabeth Kelly), and Malinda (wife of Zachariah M. Chandler). Isaac and Amy Martin Oakes had a daughter named Haney, my ancestress, who is easy to confuse with her aunt Haney Martin Oakes, wife of Thomas.

[23]Martin Estate Records.