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Mary Garrett

Mary Garrett

My great-grandmother Mary Garrett married John Wesley Holt and they settled in Hardin County, TN and raised a large family. Mary was from neighboring Decatur County, and her mother’s death certificate (whose name was also Mary) indentified her parents as Mason and Rachel Garrett (thus, my Mary’s grandparents).

Mason and Rachel Garrett were easily found on the 1870 and 1880 Decatur County census but the usual strategies for locating their former slaveowner did not work. I noted Mason’s birthplace of Kentucky and his wife’s in South Carolina, as well as the fact that Mason and Rachel both were quite old by 1870. His 70-year old age in that year placed his birthdate around 1800, but other documents provide evidence that he was older than that and likely born in the late 1700s.

1870MasonGarrett_clip

1870 Mason and Rachel Garrett

In 2010, I lucked upon a court case that included testimony from Mason and Rachel. I say luck (or perhaps the spirits guiding?) because I was not looking for them in Hardin County, since they resided in Decatur, and because the title of the court case was “NC Davis vs John A. Smith, et al” which would not have garnered even a partial glance. It was luck because an index had been created that named every person in the chancery court records, which is where I first saw their names.

There were over 100 pages of court papers in that file with documents from at least 3 states. The court case was absolutely crucial to my research on this family; it described in detail Mason and Rachel’s lives on the property called Bath Springs and the circumstances of its various owners.

The documents named Mason and Rachel’s former owner as Thomas Jeff Johnson who had died about 1854. The slaves were then owned by his brother, William Johnson, who was killed by “guerillas” in Decatur County in 1863 or 64 during the Civil War. That explained why I could not find any owner in 1870.

There was also the jewel of testimony stating that Thomas Johnson got the slaves from his wife and stepfather. The file included a copy of Thomas Johnson’s will and inventory which was probated 20 March 1854. In it, he named his slaves: Mason, 80, Rachel, 49, Alexander, 22, Mary, 18, Franklin, 16, George, 14, Anna, 5 and William, 12.

Recently, I have peeled back another layer of this onion. Researching family trees at Ancestry.com gave me a prospective family for Thomas Jeff Johnson. He married a woman named Sarah Garrard, whose family was from Kentucky. Now that KY birthplace made sense.  I discovered a book (thank you Google Books) that had been recently published entitled, “James Welborn of Muhlenberg County, Kentucky and His Descendants,” by Gail Jackson Miller. I was able to get copies of the pages that described Sarah’s family and thankfully, they were beautifully footnoted so I could follow where the author got her information. I knew this had to be the genesis of my family—so “Garrett” really started out as “Garrard.” I ordered microfilm reels from the Family History Center and dug in.

If Thomas Johnson’s slaves came from his wife Sarah, it made sense to start the search for Mason and Rachel with William W. Garrard, Sarah’s father, who was from Muhlenberg County, KY. William migrated to Lauderdale County, AL where his family resided for some years. Later, William moved to Hardin County, TN where he died sometime before 1851. His estate inventory, unfortunately, has not been found. However, Ms. Jackson’s footnote led me to something even more valuable: a June 1838 mortgage in Alabama on slaves by William W. Garrard:

6/1838-William W. Garrard to secure a debt to Arnett and Dillahunty, the following slaves: Rachel (black), and her children Daniel, Andrew, Clayton, and an infant, Mason, age 45, and his wife Rachel, age 30, and her children Lucy, Alexander, Mary & Franklin, and boy Cyrus, age 45, and girl Harriett

This was valuable because it included the important phrases, “…and her children” as well as “and his wife,” providing relationships for enslaved people that are almost impossible to find. Even at age 45, Cyrus is still called a “boy.”

When William Garrard came to Hardin County, he generated more deed records– two in 1850 again naming his slaves. After his death, tracts of land were sold in order to pay some of his debts, and it appears some of those slaves were sold as well:

5/8/1850-Power of Attorney to Telemachus Jones to recover slaves in possession of Harrison Stephens of Hardin County… they were purchased from Thomas Lassiter as trustee of William W. Garrard: Rachel, 22 and her son Clayton, Yellow Rachel, abt 22 and her children Alexander, 5, Mary, 8, Franklin, 3, Ellen and Lucy.

5/13/1850-Telemachus Jones of Hardin County, attorney for Henry Dillahunty of Lawrence County, paid $3000 for Alexander, 15, Franklin, 13, Clayton, 13, George, son of yellow Rachel, 9, William, son of yellow Rachel, 7, Joseph, son of black Rachel, 7, yellow Rachel abt 32 and her child Anna, black Rachel, abt. 32 and her child Felix, Mary, 18, Lucy, 22, and Ellen, 12

Notice one Rachel is described as “black” and the other as “yellow” Rachel. Dillahunty was the party to the mortgage in 1838 which means I’ve got to research him thoroughly as well. But these three deeds together effectively identify the children of both Rachels. Also notice the widely varying ages for both Rachels and their children, especially on these last two deeds which are both dated in 1850. By the 1870 census, several of these names are not found living in or near Mason and Rachel’s household, which implies some of their children may well have been sold or died by that time. Part of their family may still be in Lauderdale County, AL. I did however, find the “other” Rachel living in Decatur County in 1870 with the surname “Choat.”

Rachel "Choat"

Rachel “Choat”

I’m going to search every deed transaction William Garrard made, and along with probate, census and tax records, and I hope to paint a clearer picture of Mason and Rachel and their family while they moved from Kentucky through Alabama and finally to Tennessee.  Some members of their family also show birthplaces in Alabama on the census, which again, matches the path of their slaveowner’s movement. Always notice and use those census birthplaces when you see that they are different. I recently gave two lectures on using land records, and this blog post illustrates one way they can be used effectively for slave research.

Stay tuned for more on the Garrard family. I’m hot on their trail!

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Inventoried Slaves

I talk alot on this blog about slave and slaveowner research because it’s one of my primary areas of interest. For those of us descended from enslaved ancestors, probate records are one of the first record sets we are taught to explore. If we’re lucky enough to discover that the slaveowner died before 1865, we may find our ancestors named in their will or listed in their inventories. As we advance in our skills, however, we’ve got to look even closer at probate records beyond just the will or inventory, not to mention the need to search beyond the slaveowner himself.

In this post, I want to show a recent example of how careful tracing through and understanding of those “other” probate records may provide a more complete picture of our ancestor’s path through the family. Familysearch has now posted probate record series for many states making this technique possible to do from home. Many Maryland counties are now up, which is what enabled me to explore this more fully.

First, I created a family tree of the slaveowner’s family. I encourage my students to use Rootsmagic or Family Tree Maker (or whatever software you have) and to create a separate file for the slaveowner’s family. This will be invaluable to your research. Many slaveowners married their first cousins, which makes keeping the names straight difficult (this is one practice Africans in general never imitated). It is imperative that you know at a minimum the parents of the couple, when/where the parents lived and died, all of the couple’s children, when and where they died, and especially who the daughters married.

As long as they died before 1865, start probate tracing with the slaveowner, then trace his wife if she outlived him, then their children if necessary. In a previous post, I talked about the various steps in the process, both for dying with a will (testate) or dying without a will (intestate).

Those who follow this blog know I’m a fool for charting. Take a look at the chart I made for Martha Willson, who died in 1837:

Magruder chart

Martha left a will (unlike the majority of people). I started with her date of death, and went to the probate book that covered those years. I went to the index, and easily found “Martha Willson, Will” on Page 164 of Volume V. Keep in mind that I am using the term “probate” to refer to these records in general. What they are actually called varies by state and locality—in the case of Maryland, these volumes are actually “Will Books [that also contain] Inventories and Accounts,” and are kept by the Register of Wills.

Back to Martha: my chart started with her Will, and noted any relevant phrases about her slaves. She specified that “Dick and Nelly” have their choice of going with either her son Robert or her son John. Dick and Nelly (from Martha’s inventory) are elderly slaves and were probably unable to do much if any work at ages 60 and 64. Martha specified that the rest of her slaves be sold at private auction.

The next important document in her estate probate is the Bond. Executors (in the case of a will) or Administrators (in the case of no will) must post bond with the State that they will faithfully execute their duties. It is important to know who is posting bond. They are usually family members. For example, Otho Magruder is Martha’s son-in-law. Also, a $20K bond told me this was a relatively wealthy estate.

Martha’s Inventory named 9 slaves. The next step after the Inventory were the Sales of her estatethis is where slaves can be missed! In these pages, the other 7 slaves are sold, but (because I know Martha’s family tree) they are all sold to her children. It seems that it was important to keep them “in the family.”

The next steps in Martha’s estate probate include a listing of Debts and periodic Accounting of the Estate. The number of Accountings (1st Acct, 2nd Acct, 3rd Acct, Final Acct, etc.) depends upon alot of things, like the size of the estate and whether or not minor children are involved. Those Accountings can also contain information about slaves, especially slaves being “hired out” for that year, so peruse them carefully. If minor children are involved, Guardianship records should also be traced, but may be handled in a different court.

Two other things I want to point out about Martha: Her estate probate spanned across 10 years. In the beginning of my genealogy research, I didn’t understand the need to trace forward decades after a death, but it is entirely not uncommon to find probates spanning large periods of time. I now trace at least 20 years forward after a death. As I mentioned, Martha was wealthy by standards of her time. Her final estate value of $11,098 in 1847 was roughly the equivalent of $303,000 today according to standard of living worth calculators.

I had already charted Martha’s husband, Zadock Magruder, who predeceased her in 1809:

Magruder Cooke Admin Slave Data_Page_3

As you can see, Zadock died without a will (intestate) in 1809. His estate probate spanned 11 years. Notice also that in his 1st Acct the value of his estate was calculated in pounds, not yet American dollars.

Zadock had 16 slaves in 1810 at the date of his inventory (The child Rezin, age 7, is likely my gggrandfather). It was clear that 27 years later, in his widow Martha’s estate in 1837, 6 of the slaves she then owned had originally belonged to her husband in 1810. Most likely, the rest of the slaves were split up and given to one or more of their 8 children. Trying to find who went where is why I started this whole exercise to begin with. Who got Mariah and Lucy and Beck and the others? Why was Jerry to be set free? Sadly, I still don’t have enough information from these listings to put together definitive family groupings.

Zadock Slaves, 1810

Another important point is this: the actual division of slaves, and to which children they went, is not always written in the official probate books. I have found them many times in original case files or loose papers (i.e., the papers that are apart of the probate proceedings but not necessary recorded in the official books). Always try to find that slave division. You can see from Zadock’s chart above that he owned 16 slaves. His wife Martha kept at least 6, so we know the others were likely divided amongst his children, but, that division is not recorded in the probate books.

This blog post was probably too long, but, hopefully I’ve highlighted a strategy you can use to get the most value out of probate records. Try it out on your slaveowning families, and see what you come up with. I’d love to hear about your finds!

(If you want to catch up on some of my previous posts on slave/slaveowner research, click on those topics in the right -hand “What I Talk About” box.)

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