The Family Tree Problem Solver: Tried-And-True Tactics for Tracing Elusive Ancestors (8 page)

Moses Foren married (1) Morgan Co., Alabama, 1821, Lucretia Rice.

Moses Foren married (2) Hardeman Co., Tennessee, 27 April 1824, Ceely Ragan.

Moses Foren married (3) Greene County, Missouri, 3 February 1835, Mahala Farmer.

There were seven parts of the estate to be divided among the children. Here I have estimated the birth years for these seven children:

i. Lucretia born 1822/1823, as she was married by 1839, to Theophilus Cobb.

ii. Mary Ann born 1825, as she had reached age fourteen by May 1839, when she chose her guardian.

iii. Martha Jane born 1826, as she had reached age fourteen by November 1840, when she chose her guardian.

iv. Elizabeth born 1828/1829, as she had married in 1846, James Wood.

v. William C. born 20 February 1831 in Hardeman County, Tennessee (from his death record); he had reached age fourteen by September 1845.

vi. Celia born late in 1832, as she had reached age fourteen by January 1847.

vii. Filey Ann born 12 December 1835, as she died 15 March 1857, age twenty-one years, two months, three days.

Beginning with just the ages of the fifth and seventh children and the marriages for two, I could reconstruct the rest of the family from the guardianship papers.

4.
When do taxes begin? When do taxes end? Many of the colonies and states required taxation of white males at age eighteen, others at twenty-one. You simply have to know the law of the particular area in which you are working. You can find these laws in the legislative chapters on “Revenue.” For instance, I am currently working in early Missouri. The first revenue act of 18 December 1822 taxed all free white males above age twenty-one. The next, passed in 1825, exempted men over sixty-five, one in 1833 exempted men fifty years and over, and in 1835, the legislature settled on a law that taxed all free white males over twenty-one and under fifty-five years of age. The variations can keep you on your toes, but it can also help make your estimations more accurate — who would pay taxes when they no longer have to?

5.
Time and type of migration can be an excellent clue to age. Age is a crucial variable in the analysis of migration trends.
When
people move, where they move, and
how often
they move all are influenced by age. A young, single man is the most likely to initiate the exploration of new country, to strike off on adventures, and — since he is also the most likely type to get in trouble with the law — the most likely to find it necessary to become scarce for a while. The established, mature man with a family of half-grown children is more likely to migrate with extended family, or to a location where family members and people from his previous community have already settled. The older person (widowed or with grown children) is likely to move only to where close family members have already established homes.

Probate records can help you estimate the year of birth for an ancestor in several ways. If the testator's (one who leaves a will) brother or brother-inlaw is appointed executor of the estate, the children are probably minors. Usually an older testator will name an adult child or his wife as his executor. A middle-aged woman, often with the help of someone close to her, will retain the responsibility of handling the estate. However, if the wife is very young she may relinquish her right. Whomever she chooses to replace her as executor is probably a relative of hers, and this can give good suggestions regarding her family. If she is quite old, she will probably relinquish her responsibility to administer or execute in favor of a child. Often, you will find this relinquishment in the loose probate papers.

The contents of the will itself can give you clues to the ages of the individuals involved. How is the wife provided for? Will she live with a son, or have access to a corner of the house and a portion of the garden? The testator may not expect her to remarry because of her age. Or is the testator careful to provide for her
only
until the time of her remarriage? If he expects her to remarry, he probably wants to make sure her second husband does not have access to his children's money. Does the testator name grandchildren, and do his granddaughters have married names? Doing some arithmetic will help you estimate the age of this testator.

Deed books may be the most versatile of all the records we use.
You never know what will be recorded in a deed book. Although it is rare to find birth dates within deeds, they can give you a clue to the age and physical health of the grantor. In order to avoid probate court, fathers may begin to sell or give land to their children as they reach maturity and/or marry. An aged man or woman may also sell property to a son or son-in-law in exchange for care during the remainder of his and his wife's lives.

The following unusual deed even provided a specific date of birth, as well as clues to family connections.

1. PROBATE.
A common method for estimating death is to assume that a death occurred between the time an individual made his will and the time it was proved in court. If he died intestate (without a will), the
first
letters of administration will be issued by the court within two to three weeks of his death; creditors do not want to wait long after an individual has died to be paid what is owed them, and that process can't begin until the bond has been filed and the letters of administration issued. There are times when the letters of administration may be delayed, perhaps due to the death or relocation of an administrator, or an extension of settlement due to disputes, so you must be alert to those circumstances. A new administrator may have been appointed if complaints were made about the original one by those standing to inherit or by creditors who are not being paid promptly.

Receipts in the probate packet may indirectly give you the date of death. First, find the last date the deceased rendered some type of business.

From Figure 2-10 on page 48, we know John Griffis was alive 5 January 1842. Next, try to locate the receipt for the date the coffin was built (see
Figure 2-11
) or the shroud was purchased (see
Figure 2-12
).

The last doctor's visit can give an excellent idea of when death occurred. In this instance, Dr. Terrell last visited on May 31, the coffin was built in June, and the widow relinquished her right to administer the estate on June 6. When did John Griffis die?

If a probate case remains open for some time but there is no indication of dispute or legal entanglements, the closing of that estate may indicate that the widow has now died.
Charles Wildish died in 1898 inWaukeshau, Wisconsin. His estate was settled in 1916. Why? Because his widow died that year. Cornelia Southern of Greene County, Missouri, died in 1898. Her land was not sold until 1909. Why not? Her husband had just died.

2. LARGE GAPS IN THE AGES OF CHILDREN
recorded in census records may indicate the death of a child or child-bearing wife. This clue can help you determine possible remarriages.

3. CIRCUIT COURT MINUTES
can be an overlooked source for estimating a death date. Figure 2-13 on page 49 is an example of Greene County, Missouri, circuit court minutes reporting a death in a case that had nothing to do with probate proceedings.

4. TAX LISTS
are one of the better ways of tracking individuals over discrete time periods. If you are able to follow an individual for several consecutive years and then he suddenly drops off the tax roll, three possibilities arise: he moved away, he reached the age of exemption, or he died. Clues to a death written on the tax rolls are notations such as “Henry Musselman's widow,” “Peter Brubaker's Ex” (meaning executor), or “Christian Hershey's estate,” as were found in Lancaster County, Pennsylvania, records. Kentucky has an excellent set of early nineteenth-century tax lists; the widow may be listed for one or two years after her husband's death, but then she will drop off even though she is still alive.

Figure 2-10
Promissory note from John Griffis, 1842.

Figure 2-11
Record of John Griffis' estate.

Figure 2-12
Record of John Griffis' estate.

Following is an example of finding a death date using tax records. It also shows the importance of distinguishing individuals of the same name.

The death date of Joshua Cornell of Greenwich, Connecticut, born ca. 1667, was unknown to researchers. He left no probate records, no deeds, no tombstone, and there was no mention of his death in the Quaker records — but I know that he died in 1743. I found the date using tax records.

Figure 2-13
Circuit court minutes proving the death of Druery Merritt.

Both Joshua Cornell Sr. and Joshua Cornell Jr. were taxed a number of years in a row, including:

The following year only Joshua Cornell was listed, with nothing indicating that there was more than one man of that name in the neighborhood who paid taxes.

Notice that he is no longer using a junior or senior designation, and look at the amount — it is almost the combination of the earlier year's taxes for both men. Doubters may suggest that the younger man died, not the elder. Examining a few more documents in the area such as deeds, church records, or court minutes conclusively proves that the younger man was the one later creating or named in records.