Nelson Kavanaugh Gets His Freedom and His Land

©  Kathy Duncan, 2019

Right after I published my post on Nelson Kavanaugh, I found a new lead on him.

On 8 July 1830, "Nelson a coloured man set free by William Kavanaugh of the County of Madison and state of Kentucky" entered into an indenture to sell his tract of land on Owsley's Fork, Station Camp Creek to his half-brother Charles Kavanaugh for $350 dollars in silver or gold.

I am struck by the method of payment. Usually, land is sold through long drawn out notes that took years to pay off. However, Nelson was paid silver or gold, which would be accepted anywhere. The date on the deed indicates that within seven months of William Kavanaugh's death, Nelson had received his emancipation and a clear deed to his inheritance.

Madison Co., KY; Deed Bk. T, p. 212.

What I would like to find next is William Kavanaugh's probate settlement, Nelson's emancipation record, and the deed that would have been entered with Nelson received his land inheritance.

At this point in 1830, Nelson does not seem to have a surname.

When I did a google search for Nelson, I found a Nelson Kavanaugh who was emancipated in Richmond, Madison Co., Kentucky and who had gone to the Republic of Texas where he was a barber in Houston. In 1838, when the Republic decided that all free individuals of color had to leave, Nelson petition twice to be allowed to stay. Nelson's petitions were denied and he evidently had to leave the Republic. Apparently, through this petitioning, he indicated that he was single with no children. This Nelson Kavanaugh seems very likely to be the one for which I am looking. What I need to do next his locate his original petition to the Republic of Texas.

And, of course, I need to find out where he went next.

Nelson, A Slave in the Family

Will of William Kavanaugh; Madison Co., KY

Nelson Kavanaugh's Emancipation

Nelson Kavanaugh Loses His Papers

Nelson Kavanaugh Owes Land Tax

Nelson, a Slave in the Kavanaugh Family

©  Kathy Duncan, 2019

I follow lots of blogs where the blogger establishes their rules of research, so I am going to do the same.

Rule One: Always check the original source.

It is a mistake to rely on abstracts and transcripts of documents. We've all done that, and some of us for years, perhaps decades even, because the original documents were unavailable or prohibitively expensive. However, FamilySearch has remedied much of that problem by placing primary sources online and at our fingertips. Many of them are still unindexed and will never be indexed in detail. It is possible, however, to search a record group in the same manner that we once scrolled through microfilms - only now we can do it from the comfort of home.

William Kavanaugh's will is a case in point. His will was dated 15 March 1823 although most secondary sources place that date as 1825. It was proven six years later on 2 November 1829 in Madison County, Kentucky.

An abstract of his last will and testament appeared in Kentucky Pioneer and Court Records, page 59, by Mrs. Harry Kennett McAdams and was repeated on Mary Ann (Duncan) Dobson's webpage: E-21: March 15, 1825, will of William Kavanaugh. Wife Ruth, children, Archibald, Charles, Philemon; daus. Susanna Duncan, Ann Briscoe, Polly Oldham, Sally English. Witnesses, Henry Goodloe, John Harish, John Robertson and Thomas Warren. Exec's., Son, Charles Kavanaugh and William Goodloe. Probated Nov. 2, 1829.

This is the basic abstract that has been used by researchers for generations. There are, however, two sons of William Kavanaugh's who are missing from the list above, but who are named in William's will. One son was Nicholas who was deceased. There was, however, another son, and there are only a couple of reasons why this extra son might have been omitted. An earlier abstracter might have found the wording of the will confusing although it seems crystal clear, or the abstracter may have been too squeamish to include him. It is hard from this point in time to assign motives.

First, a look at William Kavanaugh's will as filed in Madison County, Kentucky, Will Book E, beginning on p. 21:

Click Image to Enlarge

Transcript:

W. Kavanaugh
Will

In the name of God amen I William Kavanaugh of the County of Madison and State of Kentucky being Sound in mind and memory make this my last Will and Testament. First I give and bequeath to my son Archibald Kavanaugh two negro Slaves viz Maklin and Sophia and their increase from this time. Item I give and bequeath to my two Grandchildren the son and daughter of my deceased son Nicholas Kavanaugh on the 25th of December in the year one thousand eight hundred and thirty four  two negro slaves viz Martha Ann and William or the Surviving one of them should one die. Item I give and bequeath to my beloved wife Ruth Kava-naugh all of my right title and interest of in and to all the Estate both real and personal that she possessed or was any way entitled to before our marriage with the increase thereof if any also one half of the cloth not made up at my decease and one half of the Bed and Bed furniture made by us, Also I give and bequeath to my Said wife, One hundred dollars and one good Bed and furniture and one third of all the neat gain we may have acquired while together. Also I lend unto my Said wife negro Martha Ann until the 25th day of December 1834 Should She live that long and in case of the death of my Said wife my son Charles Kava-naugh is to have the use of said Martha Ann until the 25th day of December 1834. Item I lend to my Son Charles Kavanaugh negro boy William until the 25th of December 1834. Item it is further my will and desire that my two negro slaves viz Lett and Nelson be emancipated and set free. And I give and bequeath to said Nelson on half of my Tract of land on Owsby's fork of the Station Camp Creek to be taken off at the lower end Said Tract. And I give and bequeath to my daughter Susannah Duncan fifty dollars. It is further my will and desire that all the negroes I may die possessed of (and not otherwise disposed of) be sold among my Children to the highest bidder on the credit of one year  No person to purchase but them. Negro Nancy excepted and she is to chose her master or mistress among my children and the one she choses is to have her at her valuation. But should the one she choses refuse to take her then in that case she is to sold under the same restrictions

the other Negroes are to be Sold and the Money arising from the value of Negroes aforesaid and arising from the Sale of all the residue and remainder of my estate both real and personal which is hereby directed to be Sold at one year Credit to the highest bidder be (after paying all my Just debts and Legacies) divided equally between my daughters Susannah Duncan, Anne Briscoe, Polly Oldham, Sally Engish, Sons Philemon Kavanaugh, Charles Kavanaugh, Archibald Kavanaugh, and Nelson (whom I have and do by these present Set free). Item I hereby Constitute and appoint my Son Charles Kavanaugh and William Goodloe Executors of this my last Will and Testament and I do by these presents revoke and make null and Void all former wills made prior to this present date. In testimony whereof I have hereunto Set my hand and Seal the 15th day of March in the year of our Lord Christ One thousand eight hundred and Twenty three.

William Kavanaugh his seal

In presence of Henry Goodloe, John Harris, John Robertson, Thomas Warren
Kentucky Madison County
At a County Court held for Madison County on Monday the 2d day of April November 1829 this instrument of writing was produced in open court and proven to be the last will and Testament of William Kavanaugh Decd by the oath of Henry Goodloe, John Harris and Thomas Warren all Subscribing witnesses thereto and Ordered to be Recorded and the same has been done all accordingly. Atteste David Irvine


This will leaves little doubt that Nelson, a slave, was yet another son of William Kavanaugh's. Even if one tries to dismiss his inclusion in the list of sons as an awkward listing of heirs, one cannot dismiss the fact that he was to inherit a full share along with other recognized children of William Kavanaugh. In other words, he was to receive a full child's share.

I can't help wonder what the other Kavanaugh children knew of Nelson's existence as their brother. Did they know all along that Nelson was a brother? Was his connection only acknowledged in hushed whispers? Were they in denial? Did they only find out at the reading of will? If Nelson's existence was William Kavanaugh's secret from his family, he was willing to let Henry Goodloe, John Harris, John Robertson, and Thomas Warren in on that secret.

I do have a few insights. If Nelson was old enough to be emancipated, he must have been of age by 1823. That means he was probably born during the marriage of William Kavanaugh and his first wife Hannah Woods.

However, I have far more questions. What was significant about the date 25 December 1834? That is the day when many of the slaves would no longer be serving the Kavanaugh children. What was supposed to happen then? Was Nelson still living when William Kavanaugh died in 1829? Was he set free? Did he receive his land and his child's share? What name did he go by after 1829? A quick peek in Madison County, Kentucky does not reveal a Nelson Kavanaugh.

There is a lot more research to be done on brother Nelson. Probate and land deeds need to be searched thoroughly for starters.

Nelson Kavanaugh Gets His Freedom and His Land

Will of William Kavanaugh; Madison Co., KY

Nelson Kavanaugh's Emancipation

Nelson Kavanaugh in the Republic of Texas

Nelson Kavanaugh Loses his Papers

Nelson Kavanaugh Owes Land Tax

Pink Kelley's Potato Wager, 1878

©  Kathy Duncan, 2019

This little newspaper clipping is interesting on several levels. First, it tells me that my great-great-grandfather Mansel Pinkney Kelley was living in the vicinity of "Shaylor Hill" in 1878. It tells me who his group of friends or frenemies were. And it relates the story of a little wager he made and lost.

Of the other men mentioned in this wager, I know that R.L. Smyrl was Robert Love Smyrl. I believe that S.T. Kelly is a misprint and probably should have been S.F. Kelly. S.F. Kelly was Singleton Frost Kelly, and he was Pink's brother.

I from the letters that Pink Kelley wrote to my great-great-grandmother Eliza (Thompson) Kelley in 186? that he took his potatoe crop very seriously.

Fred Duncan, 1988

©  Kathy Duncan, 2019

Old newspaper clippings are so wonderful. This one is of my grandfather, Fred Duncan, which appeared in the Citizens Tribune of Bowie County, Texas on 22 March 1988. He got a huge kick out of winning this little bit of money and having his picture appear in the newspaper. This was just a year before he died.

He would have driven in his blue truck to pick up his prize in DeKalb, Texas. While his truck is no longer in the family, it has been restored and can frequently be seen in local parades.

Charles Duncan of Culpeper County, Virginia

©  Kathy Duncan, 2019

The biggest problem facing us as genealogists is erroneous secondary sources. They take on a life of their own and are hard to combat. They become even more problematic when they are used to create new records that many of us think of as primary sources, such as FindaGrave memorials.

Charles Duncan of Culpeper County, Virginia is a case in point. Many online sources, including his FindaGrave memorial and FamilySearch contributors, have cited his place of death as Muddy Creek, Madison County, Kentucky, despite the fact that tax records and his probate in Culpeper County, Virginia point to his place of death as Culpeper County. In addition, as a collective, they suggest that he probably never set foot in Madison County, Kentucky.

Here, those records will be examined in date order.

First up, is the 1788 Culpeper Tax List. Charles Duncan's entry was recorded on 8 May. You can see William Jr. and William Sr. further down this list.

1788 Tax List. Culpeper Co., VA

By the following year, 1789, Charles Duncan's estate is listed on the Culpeper County, Virginia tax list, indicating that he is deceased. Note that William Duncan Sr. is still on this list.

1789 Tax List. Culpeper Co., VA

It would be possible for a man to relocate and die, leaving land in his previous place of residence that would generate a listing in the tax records of his previous county. However, the tax list above does not reference land. The four columns next to Charles Duncan's name indicate the poll taxes and personal property taxes to be paid. Column one indicates three whites over 16 years of age; column two indicates one black over 16 years; column three indicates one black or white between the age of 12 and 16; column four indicates four horses.

The inventory of Charles Duncan's household that was filed in October 1789 paints a portrait of a residence:

Culpeper Co. VA; Bk C, p. 353

We get a picture of a farm with hogs, sheep, cattle, farm implements, a table and chairs, pewter plates, cups and saucers, a looking glass, forks, knives, a pepper box, a loom, an old chest. It's a picture of a home where people still live. If the Duncans had removed to Kentucky before this point, they would have either taken these items with them or sold them. They would not have abandoned them.

The 1791 Culpeper County, Virginia tax list is very telling.

1791 Tax List. Culpeper Co., VA.

In 1791, we see Charles Duncan's widow Sarah Duncan listed as head of household. Along with Susan are "N. S. & C." Those initials stand for the Duncan sons who were of age: Nimrod, Shadrack, and Charles Duncan. Notice that the entry below Susan belongs to "William Duncan (son to Charles)." Charles Duncan is not on this list because he is deceased. Two years after Charles's death in 1789, his widow and children were still living in Culpeper County, Virginia.

They were still in Culpeper County, Virginia, in 1792:

1792 Tax List. Culpeper Co., VA

And still there in 1793:

1793 Tax List. Culpeper Co., VA

However, something else was afoot in 1793. That was the year that Sarah Duncan sought to sell out the land and petitioned the court to allow her to sell by requesting a partition of the land.

An abstract of the petition reads as follows:

Archives, Richmond, VA: Petition of Sarah Duncan, October 28, 1793; The petition of Sarah Duncan, widow of Charles Duncan, dec'd, Mary, Nimrod, William, Charles, Shadrack Duncan, children of the said Charles Duncan and Sarah Duncan, in behalf of themselves and Isaac, John, Milly, Henry, Zachery and Elizabeth Duncan, children of the aforesaid Charles and Sarah Duncan, but now under age, humbly showeth that in March 1789, the aforesaid Charles Duncan died intestate leaving aforesaid heirs to a certain tract of land in Culpeper Co., 355 acres which according to the laws of the State must be equally divided among the said children, but such is the situation, it will by no means admit of a division and your petitioners humbly pray that an act may pass vesting the said lands in the hands of John Thornton, John Slaughter Jr., Charles Browning, Isaac Browning, Gent., or any three of them to dispose of on the most advantageous terms for the benefit of the said widow and children aforesaid. Signed Sarah Duncan. Witnesses: Mary Covington, Nimrod Duncan, William Duncan, Charles Duncan and Shadrack Duncan.

In 1794, Sarah Duncan and children were still in Culpeper Co., Virginia:

1794 Tax List. Culpeper Co.,VA

It was not until January 1795, almost six years after the death of Charles, that Sarah Duncan and household finally turned up in Madison County, Kentucky:

1795 Tax List. Madison Co., KY.

Sarah Duncan's entry on this tax list indicates she has 150 acres on Tate's Creek waterway, one white male over 21, one white male over 16 and under 21, one black over 16 (probably a male), five blacks total, four horses, and two cows.

Revised 27 August 2019.

Ma and Pa Brown

©  Kathy Duncan, 2019

Within the family, my maternal grandparents were known as Ma and Pa Brown. When I was a child, the whole community referred to my great-grandmother as "Ma Brown." Their real names were Henrietta Elizabeth (Kelley) and Toy M. Brown. My great-grandmother went by the name "Bessie." They married in Titus County, Texas on August 1899 and were still living there in 1900. They knew my grandfather's mother, Maggie (Cawthon) Chapman in Titus County.  By 1910, the Browns were living in McCurtain County, Oklahoma and had lived in Oklahoma for at least a year before the census was taken. By 1920, they were living in Red River County, Texas. Once in Red River County, they lived consistently in English and Avery areas.

These pictures come from my cousin Jim Hughes, who recently found the negatives among his mother Nina (Brown) Hughes Flynn's things, and he had them developed. My mother insists that some of the pictures were taken by my aunt Louise (Chapman) Lennon. That did not make much sense to me until mother explained that when poor people wanted to share pictures with each other, they mailed the negatives to distant family, and let their relatives make copies of pictures they wanted. My guess is that they did not feel much need to have the negatives returned because they already had their prints. That means that negatives could change hands many times and get further away from their origin. It also increases the odds that distant cousins have pictures of my family. Also, when I think about it, I don't recall seeing any negatives at my grandparent's house.

My mother told me that her mother mailed her some negatives once, and my father, who was quick to dispose of the trash burned the letter and negatives before my mother had a chance to have her prints made. That was back when people had burn barrels. Sigh.

The following picture of Henrietta (Kelley) Brown was made at the home of her daughter Nina (Brown) Flynn in Fort Worth, Texas. My best guess is that this was in 1945.

Henrietta "Bessie" (Kelley) Brown. Ft. Worth, Texas.

The following picture is of Henrietta (Kelley) Brown. My mother believes that it was taken at the Brown home in English and that car in the background belonged to Dick Hughes, Nina's husband.

Henrietta (Kelley) Brown. English, Texas.

The following picture is of Henrietta (Kelley) Brown and Toy M. Brown at the Latimer home in English, Texas. My mother said she believed that this picture was taken by Louise (Chapman) Lennon. She recalled being there that day.

Henrietta (Kelley) and Toy M. Brown. English, Texas.

The following two pictures are of Toy M. Brown, obviously taken on the same day.

Toy M. Brown

Toy M. Brown

Byrum Sibling Obituaries

©  Kathy Duncan, 2019

This is an obituary study of the children of Ralph Henderson Byrum and Nancy Evelyn Turner, daughter of Andrew and Levina (Chisum) Turner on 9 February 1860 in Hardeman County, Tennessee.

Their known children were

1. Margaret "Maggie" Enola Byrum
2. Ida Byrum
3. Norvie E. Byrum
4. Eddie Dean Byrum
5. John Bryum
6. Nannie Irene Byrum

After the death of Nancy, Ralph married Nora (Miller) Armstrong, and had three more children:

7. Velma Ophelia Byrum
8. Lula Byrum
9. Iva Lee Byrum

Locating obituaries for these siblings has been an ongoing challenge. Their obituaries follow in the order of their deaths:

John Byrum, born circa 1872 in Tennessee. Death date and location unknown.

Ida Byrum, born 20 October 1868 in Tennessee, married George W. Strong and died 6 June 1898 in Terrell, Texas. Obituary not found yet.

Lula Byrum, born circa 1888 and died 12 April 1900. No death notice found yet.

Norvie E. Byrum, born 2 February 1866, married George Harvey Strong, and died 9 November 1925 in Collingsworth County, Texas. Obituary not found yet.

Margaret "Maggie" Enola Byrum, 22 December 1860 in Hardeman County, Tennessee, married Thomas Jefferson Graham, and died on 15 March 1930 in Floydada, Floyd County, Texas:

Obituary published for Margaret Enola (Byram) Graham in The Floyd County Hesperian:

Funeral Held Saturday for Mrs. T.J. Graham - Funeral services were held Saturday afternoon at 4 o’clock for Mrs. T.J. Graham, a resident of Floyd County for the past two years, and a number of years prior to 1917. The funeral services were held at the Carr’s Chapel cemetery, where interment was made.

   Mr. and Mrs. Graham lived in Floyd County a number of years prior to 1917, when they moved to Norman, Oklahoma. In 1927 they moved to Mangum, Oklahoma, where they made their home until 1928. For the past few months they have been making their home in the Sand Hill community, where Mrs. Graham’s death occurred. She had been in poor health for some time. Death came at about 4 o’clock Saturday morning.

   Surviving the deceased are her husband, seven sons, Milliard and H.H. Graham, who reside in the Sand Hill community, Carl, of Mangum, Okla., Edward of Amarillo, Horace of Oklahoma City, Walter, who resides in New Mexico, and Ralph, of Vernon, Texas; one daughter, Mrs. Annie Duck, of Cameron, New Mexico, and two sisters, Mrs. Bert Hale, of Clarendon and Mrs. Eddie Howe, of Colorado. All were present for the funeral services Saturday except Walter, Ralph, and Mrs. Howe.

[Source: The Floyd County Hesperian, Mar., 20, 1930.]

Note that this obituary mentions sisters Nannie Irene (Byrum) Haile and Eddie Dean (Byrum) Howe, but makes no reference to their two younger half-sisters who are both still living - Iva Lee (Byrum) Buttrill and Velma Ophelia (Byrum) Jackson.

Iva Lee Byrum, born 27 November 1890, married Asa B. Buttrill, and died on 31 January 1931 in Waco, McLennan County, Texas. No obituary found yet.

Eddie Dean Byrum, born 4 January 1869 in Hardeman County, Tennessee; married John Finis Howe, and died on 4 March 1947 in Fritch, Hutchinson County, Texas:

Mrs. Eddie Dean Howe, 78, Died Today at Ranch Home of Daughter - Mrs. Eddie D. Howe, 78, died at the home of her daughter and son-in-law, Mr. and Mrs. L.A. Whiteside, Sanford Ranch, headquarters, following a lingering illness.

   Mrs. Howe was visiting from Trinidad, Colorado.

   Other survivors, in addition to her daughter, are four sons, Will Howe of Springfield, Colo., J.B. Howe of Panhandle, Arthur Howe of Herford, and Ray Howe of Wagon Wheel, New Mexico; a sister, Mrs. W.B. Haile of Amarillo.

   Funeral services will be held in Kim, Colo., Thursday afternoon at 3 p.m. under the direction of Minton Funeral home of Borger.

[Source: Borger News-Advocate, Borger, TX, 4 Tues., 4 Mar 1947] 

Note that this obituary mentions only one sister, Nannie Irene (Graham) Haile, although there is one, younger half-sister still living. 

Nannie Irene Byrum, born in August 1881 in Tennessee. She married 1. George Fry and 2. William Burder Haile. She died on 15 September 1957 in Potter County, Texas.

Obituary of Nannie Irene (Byrum) Fry Haile; published in The Amarillo Daily News, Amarillo, TX, Fri., 20 Sept 1957, p. 28]:

Mrs. Nannie Haile -  Rites in tribute to the memory of Mrs. Nannie Irene Haile, 76, of 2115 Parker, will be conducted at 3 p.m. today in the First Baptist Church. Clarendon by the Rev J.D. Hill, pastor of Haile Baptist Church in Hutchinson County, and the Rev. W.F. Vanderburg of Clarendon.

   Pallbearers will be Murl McCaalin, M.L. McElvany, Paul Kemp, R.L. Harlan, E.L. Byars and C.E. Terry.

   Burial will be in Citizens Cemetery, Clarendon under direction of Boxwell Brothers Funeral Home.

   Mrs. Haile, widow of W.B. Haile, and a resident of the Panhandle area since 1891, died Wednesday at 11:30 p.m. in Underwood Clinic. She had lived in Amarillo since 1946, shortly before the death of her husband, a former Hutchinson County rancher.

   Mrs. Haile was born Aug. 28, 1881 in Tennessee, and came to Collingsworth County with her parents when she was 10 years old.

   Surviving are three sons, B.H. (Bob) Haile, Amarillo; J.B. Haile, Hereford, and W.C. Haile, Corona, Calif.,; four daughters, Mrs. J.M. Herrington, Rogers, Ark.,; Mrs. Buel Gray, Skellytown; Mrs. Paul Russ, Panhandle, and Mrs. Clyde Martin, Clarendon; a sister, Mrs. Velma Jackson, Silsbee, Tex; 21 grandchildren and 24 great-grandchildren.

[Source--The Amarillo Daily News - Amarillo, TX., Fri, 20 Sept 1957, p. 28.]

Note that this obituary mentions younger half-sister Velma Ophelia (Byrum) Jackson and is the only one to do so. Until I read this one, I had no idea that the younger half-siblings existed.

Obituary for Mrs. Nannie Haile published in The Amarillo Globe, 19 Sept. 1957:

Mrs. Nannie Haile Taken by Death - Death last night claimed Mrs. Nannie Irene Haile, 76, pioneer resident of the Panhandle and benefactor of church and youth organizations.

            Mrs. Haile, widow of W.B. Haile, died at 11:30 p.m. in the Underwood Clinic.

            She had lived in the Panhandle area since 1891 and had been a resident of Amarillo since 1946, shortly before the death of her husband, a former Hutchinson County rancher.

            Mrs. Haile was a member of the Haile Baptist Church in Hutchinson County, which she had endowed, and had been a staunch supporter of the Boys Ranch and Kids, Inc. The church was named for the Haile family.

            She was born Aug. 28, 1881, in Tennessee, and came to Collingsworth County, Tex., with her parents when she was ten years old.

            Funeral rites for Mrs. Haile will be conducted Friday at 3 p.m. in the First Baptist Church in Claredon by the Rev. J.D. Hill, pastor of the Haile Baptist Church and the Rev. Vandenburg of Clarendon.

            Named as pallbearers are Murl McCaslin, H.L. McElvaney, Paul Kemp, R.L. Harlan, E.L. Byars and C.E. Terry.

            Burial will be in the Citizens Cemetery at Clarendon under direction of Boxwell Brothers Funeral Home.

            Mrs. Haile is survived by three sons, B.H. (Bob) Haile, Amarillo; J.B. Haile, Hereford, and W.C. Haile, Corona, Calif.; four daughters, Mrs. J.H. Herrington, Rogers, Ark., Mrs. Buel Gray, Skellytown; Mrs. Paul Russ, Panhandle, and Mrs. Clyde Martin, Clarendon; a sister, Mrs. Velma Jackson, Silsbee, Tex: 21 grandchildren and 14 great-grandchildren.

[Source: The Amarillo Globe, 19 Sep 1957, Panhandle Plains Historical Museum]

Again, this obituary mentions half-sister Velma O. (Byrum) Jackson.

Velma Ophelia Byrum, born 14 September 1887 in Texas. She married Richard E. Jackson, the "Father of the Big Thicket," and died on 29 June 1973 in Silsbee, Hardin County, Texas.