According to the Roberts Family Tree compiled in 1924 by W. Powell Roberts, Daniel Roberts was born in 1777. This date corresponds closely with the 1830 and 1840 census records which give his birth as 1770-1780. He was born in Montgomery County in the part of the County that is now Grayson County. His father Cornelius Roberts moved to this area by 1770-1771 and lived there until 1783 when he obtained a land grant in what is now Russell County Virginia. Cornelius Roberts lived on the Glade Hollow Branch of Cedar Creek, a branch of the Clinch River in Russell County.
In June 1788 Cornelius Roberts with several others was gathering herbs for fever patients on the Black Mountain. The Black Mountain is the mountainous barrier between Virginia and Kentucky Here he was killed and scalped by Indians. Daniel Roberts was about 11 years old at the time of his father’s death. He had five older brothers and sisters and six younger brothers and sisters, the youngest born after the death of Cornelius.
There is a family tradition given in the W. Powell Roberts Family Tree which states that Daniel Roberts was the one who killed Dick Benge, the half-breed Indian who murdered his father Dick Benge was a notorious Indian marauder in this area. Historical accounts prove that Daniel Roberts did not kill Dick Benge. Dick Benge was killed April 14 1794 by Lt. Vincent Hobbs accompanied by 13 men of the militia. Perhaps Daniel Roberts was along on this trip. He was 17 years old in 1794. He may have participated in various expeditions against the Indians at this time. The fact that the family tradition speaks of a half-breed Indian leader named Dick Benge, and that there really was a half-breed Shawnee named Benge in this area at that time shows that there was some truth in the tradition.
Virginia Records
Russell Co Virginia Personal Property Tax Lists
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1797…Daniel Roberts…l white male over 16
1798…List of William Webb
Daniel Roberts…l white male over 16.
1799…Not listed.
1800…Not listed.
1801…List of James Dickenson
Daniel Roberts
1802…List of Robert Tate
Daniel Roberts----l white male over 16
1803…List of Jesse Browning
Daniel Roberts…l white male over 16, 1 horse. |
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John and Susan Roberts were both born in Russell County Virginia. Daniel Roberts is not found on the Russell County tax lists after 1803. He must have moved to Tennessee in 1804.
Tennessee Records
Daniel Roberts moved to Tennessee in 1804. His brothers Nathan and Isaac were in Anderson County Tennessee by 1802, and his sister Sinai was in Anderson County by 1803. Probably his sister Amelia was in Anderson County by 1802. So far no records for Daniel Roberts have been found in Anderson County. It is not known for certain where he lived in Tennessee from 1804 until 1808. In 1809 Daniel Roberts was living in Jackson County Tennessee on the Tennessee-Kentucky border. Proof for this fact is the tombstone record of his daughter Celia born Feb. 8, 1809 which says she was born in Jackson County Tennessee. Across the line in Cumberland County Kentucky lived his brothers Archibald and Jesse at this time. His brother Isaac probably lived in Cumberland County during part of this period. Daniel Roberts might have moved directly to Jackson County Tennessee from Russell County Virginia.
Mrs. Lillie Roberts Hinkle was approved as a member of D.A.R. June 24, 1913. She was the daughter of George5 Travis Roberts (Alexander4 , Daniel3, Cornelius2). On her D.A.R. application she wrote that Alexander Roberts was born in Franklin County Tennessee at the Blockhouse near Caldwell’s Bridge.
Ansearchin News Oct.-Dec. 1971, pg. 157
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Franklin Co Tennessee Tax and Voter Registration List----1812
Nathan Roberts
Daniel Roberts
Jacob Tally
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Jacob Tally was Mourning Roberts’ husband.
Franklin Co Tennessee Deed Bk ABCGE, p 207----Aug. 11, 1813.
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George G. Black to Jacob Talley a negro boy named Jacob about 7 years old - - - $240.
Also a certain yellow boy named Charles about 6 months old - - - $65.
Wit: Daniel Roberds
State of Tennessee January Term 1814.
Then the within Bill of Sale from George G. Black to Solomon George to Jacob Tally was proven in open Court by the oath of Daniel Roberts a subscribing witness thereto and ordered to be registered. Let it be registered.
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Sometime between 1809 and 1812 Daniel Roberts moved to Franklin County Tennessee. His son Alexander Roberts was born there January 9, 1813. Franklin County was on the Alabama line. During this time period Daniel Roberts' brother Nathan and sisters Mourning Tally and Sinai Anderson also moved to Franklin County. Jacob Tally had land in the Second District, South Range, Third Section. The Blockhouse near Caldwell's Bridge was probably in this same section of Franklin County.
Alabama Records
In 1816 a special census was taken of the Mississippi Territory in preparation for Mississippi to become a state. The Territory of Alabama was created from the Territory of Mississippi March 3, 1817. This 1816 special census contained 5 counties that are in present Alabama.
1816 Special Census of the Territory of Mississippi
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Madison County…Daniel Roberts |
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Madison County is just across the state line from Franklin County TN and joins Jackson County. Jacob and Mourning (Roberts) Tally later lived in Jackson County. During this same time period Amelia Roberts and her husband Edward Frost also lived in Madison County.
Population increased so rapidly that on July 5, 1819 a state constitution was prepared. Alabama became a state that year.
Daniel Roberts lived 2 or 3 years in the Madison County Alabama area. In 1816 the Cherokee and Choctaw Indians ceded their lands between the Tombigbee and Black Warrior Rivers. Settlers soon began to enter this area. Tuscaloosa County was formed in 1818. Nathan Roberts was living in Tuscaloosa County by 1818. Marengo County was formed in 1818. Greene County was formed from Tuscaloosa and Marengo Counties in 1819. Pickens County was formed from Tuscaloosa County in 1820. In 1819 Daniel Roberts became one of the first settlers to enter the Greene/Pickens County Alabama area.
Snedecor's Greene County Directory
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It was not until the year 1819 that we hear of any settlement being made in the northwestern portion of the county. In that year one Dabbs, from Tennessee, settled on the high lands, near the Sipsey River and was followed soon after by Grady, Daniel Roberts, Gilbert Tier and others who bought up the most of that beautiful tableland in the northern part of Pleasant Ridge Precinct, then called Sipsey Ridge which owing to its commanding elevation and not yet exhausted is still a desirable section of the county. One Mayerhoff, a German, established the first store in that quarter of the county, at the "Mouth of Sipsey". The Yankee shrewdness of one Hickman was soon brought to bear in competition with the calculating German and many amusing incidents are still remembered by citizens of the present day as occurring between these early settlers and the Indians. |
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Daniel Roberts’ oldest daughter, Susan, married Tipton Grady about 1819. His daughter Rebecca married James Teer about 1821.
The Pleasant or Sipsey Ridge formed the boundary line between Greene and Pickens Counties. The deeds of Greene County which are preserved have been searched and no deeds for any Roberts have been found. There was no 1820 census of these two A1abama counties preserved. Daniel Roberts as well as several of his sons and son-in-laws appears on the 1830 census of Pickens County. Daniel Roberts probably lived in the Pleasant Ridge area on the Pickens County side rather than the Greene County side. All old deeds for Pickens County have been destroyed. The only remaining old record for Pickens County is the Land Grant Book. The only record pertaining to the Daniel Roberts family in this book is a land grant to Alexander Roberts in 1835 for 80 acres of land. This grant was located in the Pleasant Ridge part of Pickens County. Probably Daniel Roberts lived in the part of Pleasant Ridge that was also close to Sumter County.
"The History of Pickens County Alabama 1540-1920" by James F,. Clanahan, P 400
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Former Pickens County resident returns aftr a period of fifty years; Captain Daniel Grady, was born in this county in the early 1820's but went to Texas with his father when a a boy in his teens, returns to the home place of his grandfather, Daniel Roberts. His grandfather, an early settler in Pickens, built a home two miles north of Franconia in 1827 and according to Captain Grady, fifty-six years later the brick chimneys were still visible. He also stated that they were the first brick chimneys in that part of the county. The Baptist Church at the Garden ws the only church he knew of when he left the County in 1831. Captain Grady served two years in the Mexican War under General Scott and four years in the Civil War. This house was later owned by Mr. John E. Billups, but in the ante-bellum days it was a two story house, built entirely of logs. |
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Winston Co Mississippi Deed Bk E, pg. 318 Oct. 23, 1839.
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Jacob Roberts to Daniel Roberts - - - $2000
Land in the SE 1/4 of Section 18, Township 23, Range 2 West Tuscaloosa Land District,
Sumter Co Alabarna.
This day personally appeared before me Jonathan Ellison, one of the members of the Police Court of the said county, Jacob Roberts and acknowledges the within deed of conveyance to be his own act and deed for the purposes therein named. In witness whereof I have hereunto set my hand and seal the 23rd Oct. 1839.
/s/ Jonathan Ellison A member of Police.
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Johnathon Ellison was Celia Roberts' husband.
The above deed, entered into the Winston Co. Mississippi records after Daniel Roberts was living in Winston County, was for land located in present Sumter County Alabama. This land was located not more than 3 miles directly south of the land of the Land Grant for Alexander Roberts in Pickens County. Both pieces of land were located in Range 2 West. The land Jacob Roberts sold to Daniel Roberts in Township 23, Section 18 was exactly 3 sections of land south of Section 31, Township 24 which was the land grant to Alexander Roberts.
The tombstone of Susan Caroline Ellison, daughter of Jonathan Ellison and Celia Roberts says that she was born in 1829 in Sumter County Alabama. Jonathan Ellison appears on the 1830 census of Pickens County Alabama. These records show that Daniel Roberts must have lived very near the point where Greene, Pickens, and Sumter Counties join.
1830 Census Pickens Co Alabama Printed pg. 117, Hand written pg. 235.
| Daniel Roberts |
Males under 5:
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0 |
Females under 5:
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1 |
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Males 5-10:
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0 |
Females 5-10:
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1 |
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Males 10-15:
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2 |
Females 10-15:
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2 |
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Males 15-20:
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1 |
Females 15-20:
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1 |
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Males 20-30:
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0 |
Females 20-30:
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0 |
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Males 30-40:
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0 |
Females 30-40:
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0 |
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Males 40-50:
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1 |
Females 40-50:
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1 |
By this 1830 census all of the children of the first marriage of Daniel Roberts were born. John, Susan, Mary, Rebecca, Abraham, and Celia were all married and gone from home.
Daniel Roberts lived in this area of Pickens County from about 1819 until sometime in the 1830's. His wife Elizabeth Kiser died sometime between 1830 and 1839. She could have died in either Alabama or Mississippi. Nothing is known of her death or where she is buried.
Mississippi Records
In 1830 the Treaty of Dancing Rabbit Creek was signed with the Choctaw Indians. This treaty was signed at Dancing Rabbit Creek which is located in present Noxubee County Mississippi not far from where Daniel Roberts was later to live. The Choctaws ceded all the remainder of their lands east of the Mississippi River. Between 1831 and 1833 the Indians left this area of Mississippi to settle west of the Mississippi. Winston, Noxubee, and other counties in this area were all organized in 1833.
Daniel Roberts and several of his children moved from Pickens County Alabama to Winston County Mississippi in about 1835. Martha Ann Ellison, daughter of Celia Roberts, was born April 23, 1835 Winston County Mississippi. Jacob5 Frank Roberts, son of Alexander Roberts, was born Nov. 23, 1835 Winston County Mississippi. It seems most likely that Daniel and his children moved to Mississippi at about the same time. The first deed for Daniel Roberts in Mississippi was in 1838.
Winston Co MS Deed Bk E, pg. 236 Dec. 21, 1838.
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John Micon Jr. and John Micon Sr. to Daniel Roberts - - - $2560.00
32 1/2 acres N end of the W 1/2 of the NE 1/4 of Section 9, Township 13, Range 14 E.
127 1/2 acres S end of the E 1/2 of the SW 1/4 and the W 1/2 of the SE 1/4 of Section 4, Township13,Range 14 E. (Total of 160 acres)
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Winston Co MS Deed Bk E, p 318----Oct. 23, 1839.
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Jacob Roberts to Daniel Roberts - - - $2000.
Land in the SE 1/4 of Section 18, Township 23, Range 2W, Tuscaloosa Land District, Sumpter Co Alabama. This day personally appeared before me, Jonathan Ellison, one of the members of the Police Court of the said county, Jacob Roberts and acknowledges the within deed of conveyance to be his own act and deed for the purpose therein named. In witness whereof I have hereunto set my hand and seal the 23rd Oct. 1839.
/s/ Jonathan Ellison. A member of the Police.
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Winston Co MS Deed Bk G, pg. 146 Sept. 13, 1841
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Daniel Roberts and Mariah Roberts his wife to Thomas Ellison
32 1/2 acres N end of the W 1/2 of the NE 1/4 of Section 9, Township 13, Range 14 E.
127 1/2 acres S end of the E 1/2 of the SW 1/4 and the W 1/2 of the SE 1/4 of Section 4, Townshp 13, Range 14 E. Before me Troylous Barnes, an acting Justice of the Peace in and for said county personally appeared Daniel Roberts and acknowledged that he signed the within deed.
/s/ T. Barnes Justice of the Peace
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Winston Co MS Deed Bk G, p 236----Sept. 13, 1841.
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Jonathan Ellison and Celey Ellison wife to Daniel Roberts - - - $5500.
W 1/2 of NW 1/4 of Section 11, SE 1/4 of the SE 1/4 of Section 3,
SE 1/4 of the SW 1/4 of Section 2, all in Township 13, Range 14 E containing 160 acres.
/s/Jonathan Ellison /s/ Celia Ellison
Celia Ellison appeared before Troylous Barnes JP to testify to her consent. |
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Daniel Roberts bought a 160 acre farm in 1838 and sold this farm in 1841 to Thomas Ellison who was a brother of Holloway Ellison and Jonathan Ellison who married daughters of Daniel Roberts. On the same day, Sept. 13, 1841, that he sold this 160 acre farm, he bought another 160 acre farm from his son-in-law Jonathan Ellison. This 160 acres was part of the land that was described as the "Mill Place” in the will of Daniel Roberts. No record has been found for the purchase of the remaining 80 acres of the "Mill Place” or for the 160 acres of the “Home Place". They may have been direct land grants from the state. Daniel Roberts might have acquired this land in 1834 or 1835 when he first moved to Mississippi. According to Mississippi history shortly after 1833 a land office was established at Columbus, Mississippi in nearby Lowndes County where new settlers could acquire rich lands at a very reasonable cost.
By 1838 when the first deed for Daniel Roberts was recorded in Winston County, his sons Abraham, Alexander, Jacob, and probably James had already gone to Texas as well as his daughters Susan Carr, Mourning Martin and Caroline Clinton. Lewis Ellison and his large family moved to Winston County from Pickens County AL in this same time period. He was the father of Jonathan Ellison who married Celia Roberts and Holloway Ellison who married Martha Ann Roberts. Others who moved to Winston County during this time period were Elizabeth Roberts who married Thomas Thornton and Rebecca Roberts who married James Teer. John Roberts, son of Daniel, probably died in Alabama.
About the same time that Daniel Roberts moved into Winston County his brother Nathan moved into Choctaw County Mississippi which is not far from Winston County. Nathan Roberts died in Choctaw County in 1840-50. His brother, Isaac Roberts who had lived in Tuscaloosa County Alabama in 1830, had gone to Texas by 1836.
The farms of Daniel Roberts were located in the southeastern part of Winston County very close to the Noxubee County line. The town of Fearn Springs was very close to his farms. Also nearby was the small Good Hope Baptist Church. The church roll for this church at this time included Lewis Ellison, Troylous Barnes James Teer, Jonathan Ellison and wife Celia (Roberts), Holloway Ellison and wife Martha (Roberts), and Thomas Thornton and wife Elizabeth (Roberts). For some reason Daniel Roberts and his wife Mariah were not listed as members of this church. Near the church was the Good Hope Cemetery. This cemetery is the most likely burial place for Daniel Roberts unless he was buried on one of his farms. There is no tombstone for Daniel Roberts in any cemetery in Winston County. Lewis Ellison and his wife are buried in the Good Hope Cemetery.
Across the County line in Noxubee County Mississippi the family of Thomas Swann settled near Mashuleville, Mississippi. Jan. 7, 1839 62 year old Daniel Roberts married the young widow Mariah Swann who had married Isaac James in Tennessee. She was just past her 23rd birthday.
The State of Mississippi, Noxubee County, Bk A, pg. 60
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To any regular ordained minister of the Gospels, Judge, Justice of Police Court or Acting Justice of the Peace in and for said County Greeting.
You or either of you are hereby authorized to solemnize the rites of Matrimony between Daniel Roberts and Maria James and join them together as man and wife in holy estate of wedlock your official certificate whereof you are to return together with the license into the office of the register of the Orphans Court of said County within the time prescribed by law.
Witness: Thomas H. Dixon, Judge of Probates of said County this 7th ofJanuary 1839.
John B. Roberts Clerk
The State of Mississippi, Noxubee County
I Thomas H. Dixon Judge of the Probates Court for said County do hereby certify
I solemnized the rites of matrimony between the within named persons on the day and year within written. /s/ Thomas H. Dixon Judge of Probate
The foregoing Marriage Certificate was recorded the 8th day of Feb. AD 1839.
/s/ John B. Roberts Clerk
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Mariah Swann was the daughter of Thomas Swann who was born Nov. 1, 1790 probably in Mecklenburg County North Carolina. In Bedford County Tennessee he married Phebe Woodfin, daughter of Nicholas Woodfin and Hannah Mary Ashbrook. Mariah Swann was born Dec. 9, 1815 in Bedford County Tennessee. She was the next to oldest child of Thomas Swann. She married in Bedford County about 1833 to a Mr. James. He was probably Isaac James since there is a deed Jan. 10, 1834 Bedford County Tennessee between Thomas Swann of Bedford Co TN and Isaac James of Bedford Co TN. The two children of Isaac James and Mariah Swann were Isaac M. James born 1834 and Thomas N. James born circa 1836, both born in Tennessee.
Thomas Swann and all of his children except Mariah were living in Noxubeee County Mississippi by March of 1836 when Thomas Swann bought 80 acres of land. There is also a Noxubee County Mississippi deed Sept. 1, 1835 in which Thomas Swann borrowed $1000 from James Rogers.
At this time Mariah was the only child of Thomas Swann who was married. She must have remained behind in Tennessee when the rest of the family moved to Mississippi.
Isaac? James, the first husband, probably died sometime between 1836 and 1839. After his death Mariah moved to Noxubee County with her two small sons to be with her family.
Mashuleville, Mississippi in Noxubee County is located in the western side of the county close to the Winston County line. Fearn Springs in Winston County was close to the eastern boundary with Noxubee County. The Swann and Roberts families probably lived not more than five miles apart.
1840 Census Winston Co Mississippi pg. 17 or pg. 269.
| Daniel Roberts |
Males 20-30:
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0 |
Females 20-30:
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1 |
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Males 50-60:
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1 |
Females 50-60:
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0 |
It is not known why Mariah Swann 's two sons by her first husband, Isaac M. James born 1834, and Thomas N. James born circa 1836, or Terril Roberts born Oct. 10, 1839 do not appear on this census.
By his first marriage to Elizabeth Kiser, Daniel Roberts had 14 children whose names we know. 13 children are listed from the first marriage in his will. The W. Powell Roberts Tree gives a daughter Pauline as a 14th child. The Tree said that she died at age 12.
By his second marriage to Mariah Swann, Daniel Roberts had 5 children, 4 sons and 1 daughter. Terril Roberts said that there were 22 children in his family: 14 children from the first marriage, 5 children from the second marriage and 2 children by Mariah Swann's first husband make 21 children. There may have been one more child by either the first or the second marriage who died young.
In 1843 Daniel Roberts sought to provide for his children Terril, Houston, and Woodfin with a deed of gift for 8 slaves. Just 5 days before making his will in Nov. of 1846 he made a similar deed of gift for 6 slaves to his 2 youngest children, Evelina and Daniel Tipton Roberts.
Winston Co Mississippi Deed Bk H, p 22----April 1, 1843.
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Daniel Roberts gives to Terrel, Houston and Woodfin Roberts for and in consideration of the natural love and affection he bears unto the said Terrel, Houston, and Woodfin and for $1.00 paid by the said Terrel, Houston and Woodfin - - - Gives to them the following slaves:
1. Pleasant, a 30 year old boy.
2. Jinsey, a 25 year old girl (wife to Pleasant)
3. Jinny, a 10 year old girl (daughter of Pleasant)
4. Nancy, an 8 year old girl (daughter of Pleasant)
5. Abram, a 7 year old boy (son of Pleasant)
6. Henry, a 6 year old boy (son of Pleasant)
7. Susan, a 4 year old girl (daughter of Pleasant)
8. Willis, a 3 year old boy (son of Pleasant)
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Winston Co Mississippi Deed Bk J, pg. 249 Nov. 21, 1846
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Daniel Roberts to Evalina and Daniel Tipton Roberts for and in consideration of the natural love and affection which he has and bears unto the said Evalina and Daniel Tipton and for and in consideration of $1.00 by each to him in hand paid gives the following negro slaves:
1. Angelina, a girl about 8 years old (daughter of Nella and Willis)
2. Jane, a girl 5 years old (daughter of Nella and Willis)
3. Manuel, a boy about 4 years old (son of Nella and Willis)
4. Alsey, a girl about 5 years old (daughter of Nella and Willis)
5. Annis, a girl 11 years old (daughter of Nella and Willis)
6. Lewis, a boy 18 years old
In case of the death of one or both of them before they become of age of 21 or before they may have bodily heirs the said described negro slaves shall become the common property of their brothers Terril, Houston and Woodfin Roberts to be delivered to them with the increase of the females at the time of my death. Given under my hand and seal this 21st day of Nov. 1846.
The last foregoing deed of gift was received for record on the 2nd day of Aug. and was duly recorded on the 19th day of Aug. 1847
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Nella and Willis, the parents of the slave children given in the gift deed to Evalina and Daniel Tipton Roberts, were given by Daniel Roberts in his will to his son James, daughters Susan Carr, Caroline Clinton and Martha Ellison and grandson James Roberts. Also given at that time was one more child of Nella and Willis, a daughter named Phebe.
There is no record to show the exact date of the death of Daniel Roberts. He wrote his will Nov. 26, 1846. His will was probated in August of 1847. It is likely that he died in 1847.
Will of Daniel Roberts
Will Bk 3, p 374,375,376, Winston County Mississippi
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In the matter of a certain Instrument of writing purporting to be the last Will and Testament of Daniel Roberts late of Winston County deceased.
Probate Court August Term AD 1847.
Upon reading and filing the petition duly verified of Maria Roberts and Robert Swann for Probate of a certain instrument of writing purporting and alledged to be the last Will and Testament of Daniel Roberts deceased late resident of this County and for letters Testamentary thereupon and on taking and reading the testimony of Willis Kelley and John C. Holmes two of the subscribing witnesses thereto. The Court after hearing all and singular the proofs and allegations adduced prefered and submitted and maturely considering the same being now satisfied that said Instrument is fully and legally established as the true and original last Will and Testament of the said Daniel Roberts deceased and that the said Daniel Roberts was on the day of the date of said Will that is to say on the 26th day of Nov. AD 1846 of lawful age to devise and of sound disposing mind, memory and understanding and of right and in law entitled to make said Will, It is therefore considered, ordered, adjudged and decreed that the said Instrument of Writing be admitted to Probate and Recorded as the true and original last Will and Testament of the said Daniel Roberts deceased.
I Daniel Roberts of the County of Winston and State of Mississippi being of sound mind and disposing memory do make and publish this my last Will and Testament revoking all Wills heretofore made by me.
Item 1st. It is my will and desire that all my just debts be paid.
Item 2nd. I give devise and bequeath forever unto my wife Mariah Roberts and my sons Terrell Roberts, Houston Roberts, Woodfin Roberts, and Daniel Tipton Roberts and my daughter Evalina Roberts my home place on which my dwelling is situated, designated and known as the southwest quarter of Section 35, Township 14, Range 14 E being and lying in the Columbus land District and in said County of Winston with all the rights and appurtenances thereunto belonging.
Also my mill place designated and known as the southeast fourth of the northwest fourth of Section 2,Township 13, Range 14 E . Also the west half of the southwest fourth Section 2 Township 13 Range 14 east the southeast fourth of the southeast fourth of Section 3, Township 13, Range 14 E. The west half of the northwest fourth of Section 11, Township 13, Range 14 E lying and situate in said County of Winston together with the rights and appurtenances thereunto belonging. Also my household and kitchen furniture of every description. Also my whole stock of horses, hogs, sheep, cattle and mules. Also my waggons and carriages of every description, the present crop on land with all the debts owing me and all my money on hand and also all my farming tools together with all my geering.
Item 3rd. I give and bequeath unto my said wife Mariah Roberts forever a girl slave named Betsy about 13 years old and a boy slave named George about 11 years old.
Item 4th. I also give and bequeath unto my son James Roberts and daughters Susan Carr, Caroline Clinton and Martha Ellison and my grandson James Roberts son of John Roberts deceased the following described negro slaves to wit. Peter a boy, Biddy a woman wife of Peter, Willis a boy and Nella a woman wife of Willis and Phebe a girl child of Nella and Willis to be equally divided between the before mentioned children and grandson James Roberts.
Item 5th. I give and bequeath unto my daughter Celia Ellison five dollars and no more.
Unto my son Jacob Roberts five dollars and no more.
Unto my son Alexander Roberts five dollars and no more.
To my son Abraham Roberts five dollars and no more.
To the heirs of Mary Jordan deceased five dollars and no more.
To the heirs of Rebecca Teer deceased five dollars and no more.
To the heirs of Mourning Martin deceased five dollars and no more.
And to my daughter Elizabeth Thornton five dollars and no more to be paid by my Executor out of any money coming into their hands out of the present crop or any of the money on hand.
Item 6th. I do reserve one hundred and twenty dollars out of the proceeds of the present crop to be given by my wife Mariah Roberts to her two sons Isaac James and Thomas N. James when they become 18 years of age.
Item 7th. I do hereby appoint Robert Swann and my wife Mariah Roberts to be my Executor and Executrix of this my last Will and Testament.
In witness whereof I have hereunto set my hand and affixed my seal this the 26th day of November AD 1846.
/s/ Daniel Roberts Seal
Signed sealed and published in presence of Willis Kelly, Hugh McQuien, John C. Holmes.
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Mariah (Swann) Roberts and her 7 children continued to live in Winston County Mississippi until about 1856. The final accounting of the Estate of Daniel Roberts appears in the Winston and Noxubee County Mississippi records 1851-1856.
1850 Census Winston Co Mississippi Left side of p 368, No 732-738, Oct. 11, 1850.
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Name
|
Age
|
Sex
|
Birthplace
|
|
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| Maria Roberts |
34 |
F |
TN |
|
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| Isaac James |
16 |
M |
TN |
|
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| Thomas James |
14 |
M |
TN |
|
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| Terril Roberts |
10 |
M |
MS |
|
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| Houston Roberts |
9 |
M |
MS |
|
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| Woodfin Roberts |
7 |
M |
MS |
|
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| Evelina Roberts |
6 |
F |
MS |
|
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| Daniel Roberts |
4 |
M |
MS |
|
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Mississippi Genealogical Exchange Magazine
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Winston County Mississippi Slaveholders in 1850
Maria Roberts----4 slaves |
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Records of the Estate of Daniel Roberts
Winston Co MS Probate Court May 1851, pg. 664.
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In the matter of the final account of Robert Swann Executor and Mariah Roberts Executrix of the Last Will and Testament of Daniel Roberts deceased.
It is further ordered that Jesse T. White be appointed Guardian for the minor children of William and Caroline Clinton of Texas, the minor children of Paschal and Mourning Martin of Neshoba County and the minor children of James and Rebecca Teer of Winston County and the minor children of Henry and Mary Jordan, which said children have no legal Guardian within this state and the said Jesse T. White is hereby appointed Guardian.
It is further ordered that David Atkinson of Noxubee County Mississippi Guardian of the following minor children of the said Daniel Roberts to wit: Terrell, Houston, Woodfin, Daniel T. and Evelina Roberts.
In the matter of the estate of Daniel Roberts deceased.
This day came to be heard and examined the petition and account of Robert Swann and Mariah Roberts, Executor and Executrix of the last Will and Testament of Daniel
Roberts for a final settlement.
James Teer and Paschal H. Martin being present and they together with other parties being represented by their attorney.
The said Executor and Executrix be allowed 5% commission on the total value of said estate to wit: $7826 being the sum of $391.31.
The said Executor and Executrix have paid off all money and property legacies except the 5 dollar legacies in the 5th clause of said Will to Jacob Roberts, Alexander Roberts, Abraham Roberts, the heirs of Mary Jordan and Elizabeth Thornton to whom it is ordered by the Court that the Executor and Executrix pay the sum of $5.00 each being the legacies mentioned in the 5th clause. |
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Winston Co Mississippi Probate Bk 4 (1849-51), pg. 664 May 1851.
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Final accounting. Jesse T. White be appointed Guardian Ad Litem for the minor children of Paschal and Mourning Martin of Neshoba County and minor children of James and Rebecca Teer of Winston County and minor children of Henry and Mary Jordan non residence.
Further appoint David Atkinson of Noxubee County Mississippi Guardian of the following minor children of the said Daniel Roberts----Terrell, Houston, Woodfin, Daniel T. and Evelina Roberts to be cited to appear why not be done.
Mariah Roberts is Widow.
James Roberts, Susan Carr wife of Robert Carr, the heirs of Caroline Clinton and William Clinton of Texas to wit: Mary, James, Susan and Thomas.
Holloway Ellison and his wife Martha,
James Roberts son of John Roberts deceased,
Jonathan Ellison and his wife Celia Ellison,
Jacob Roberts, Alexander Roberts, Abraham Roberts.
The heirs of Mary Jordan deceased names unknown, James Teer and his wife Rebecca deceased unknown children, Children of Paschal Martin and his wife Mourning deceased whose names are unknown. Thomas Thornton and his wife Elizabeth Thornton of Attala Co MS, Isaac James and Thomas N. James whose guardian is Mariah Roberts. |
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Noxubee Co Mississippi Minutes Probate Court Bk B, pg. 1040
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In the matter of the Guardianship of Terrell Roberts minor heir of Daniel Roberts deceased.
Terrell Roberts appeared this day in open court with his Uncle Nicholas Swann for Guardianship upon the Election of said Terrell Roberts minor heir and it appearing to the satisfaction of the court that said minor is more than 14 years of age and that he has in manner and form prescribed by law elected and made choice of the said Nicholas Swan for his legal Guardian, and that the said Nicholas Swann has accepted the appointment and prayed qualifications for the office and trust of such Guardian. And the said Nicholas Swann proffering Abram Adams and Robert Swann as his Securities who have been justified and approved by this court. It is thereupon ordered that Letters of Guardianship of the person and Estate of said Terrell Roberts be granted to said Nicholas Swann on his taking the oath prescribed by law and entering into bond in the sum of $3500 with said Securities conditioned according to law. And the said Nicholas Swann thereupon taking said oath and together with said Securities signing sealing and delivering said bond. Said letters of Guardianship are thereupon granted and ordered to be issued and further ordered to be recorded
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Winston Co Mississippi Deed Bk 0, pg. 318 Jan. 10, 1856.
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Nicholas Swann guardian of Terril Roberts, Houston Roberts, Woodfin Roberts, Evelina Roberts, and Daniel Tipton Roberts minor heirs of Daniel Roberts deceased and Mariah Roberts legatee of said estate of Noxubee Co of the one part and Thomas T. Holmes of the other part.
(On the) first Monday of Oct. 1855 it was among other things ordered and decreed that said party of the first part should sell on a credit of 1 and 2 years from the day of sale all that certain tract of land situated lying in the County of Winston to wit:
SW 1/4 Section 35 Township 14 Range 14 E known as the dwelling place of said Daniel Roberts also the Mill Place of said deceased in said Winston County containing 240 acres
Whereas in pursuance of said decretal order of the court aforesaid the said party of the first part as guardian as aforesaid in the town of Macon in Noxubee Co (did print in the newspaper) called the Macon Beacon 3 weeks successively 40 days before the day of the sale and by posting copies of said notices one at the courthouse in Louisville and in accordance with said notice the said party of the first part did on the day and year first in these presents written at the late residence of the said Daniel Roberts deceased the same being the premises hereby conveyed between the hours of 12:00 and 5:00 offer the said tract of land with the appurtenances for sale to the highest bidder and the said Thomas T. Holmes then and there bid for the SW 1/4 of Section 35 Township 14, Range 14 E and the sum of $3.18 3/4 per acre amounting to the sum of $510 which being the highest and best bid therefore the said premises with the appurtenaces were struck off to him.
/s/ Nicholas Swann Guardian
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Winston Co Mississippi Deed Bk 0, pg. 319 Jan. 10, 1856.
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Nicholas Swann guardian of Terril, Houston, Woodfin, Evelina, and Daniel Tipton Roberts and Mariah Roberts of Noxubee Co MS legatees of said estate of one part and John C. Holmes of the other part. That whereas at a term of the Probate Court of Noxubee Co begun and held at the courthouse thereof on the first Monday of Oct. 1855. - -It was among other things ordered and decreed that said party of the first part should sell on a credit of 1 and 2 years from the day of sale all that certain tract of land situate lying and being in the County of Winston to wit, the SE 1/4 of the SW 1/4 of Section 2, the SE 1/4 of the SE 1/4 of Section 3, the W 1/2 of NW 1/4 of Section 11, Township 13, Range 14 and other lands in Section 35, Township 14, Range 14 E known as the dwelling place of said decedent in said Winston County containing 160 acres.
The said John C. Holmes then and there bid for the SE 1/4 of the SW 1/4 of Section 2, the SE 1/4 of the SE 1/4 of Section 3 and the W 1/2 of the NW 1/4 of Section 11, Township 13, Range 14 E the sum of $7.25 per acre amounting in the aggregate to $1160 being the highest and best bid there for the said premises.
Now this indenture witnesseth that in consideration of the premises and that the said John C. Holmes hath executed and delivered his bonds with William C. McAlinster and A. Reed as his joint Securities for the payment of said sum of $1160 in 1 year and the other half in 2 years from the date of this indenture.
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Winston Co Mississippi Deed Bk 0, p 320 Jan. 10, 1856.
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Nicholas Swann guardian of Terril, Houston, Woodfin, Evelina, and Daniel Tipton Roberts and Mariah Roberts legatees of said estate of Noxubee County to William C. McAlister.
He bid for the W 1/2 of the SW 1/4 of Section 2, Range 14, Township 13 the sum of $3.62 1/2 per acre and amounting to the sum of $290. Payment of sum of $290, 1/2 in 1 year and the other half in 2 years after the date of these presents to which by law operates as a Special Mortgage or Claim. /s/ Nicholas Swann Guardian.
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Notes on sale of Daniel Roberts' property
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Home Place sold to Thomas T. Holmes
SW 1/4 of Section 35, Township 14, Range 14 E----160 acres @ $3.18 3/4 $510.00
Part of Mill Place sold to John C. Holmes
SE 1/4 of SW 1/4, Section 2, Township 13, Range 14 E.
SE 1/4 of SE 1/4, Section 3, Township 13, Range 14 E.
W 1/2 of NW 1/4, Section 11, Township 13, Range 14 E----160 Acres @ $7.25 $1160.00
Part of Mill Place sold to William C. McAlister
W 1/2 of SW 1/4, Section 2, Township 13, Range 14 E 80 Acres @ $3.62 1/2 $ 290.00
Total $1960.00
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Noxubee Co Mississippi County Court Minutes pg. 274.
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Probate Court, March term 1860
Final Accounting of Estate of Daniel Roberts by Nicholas Swan.
Said guardian claims allowance for the following notes on hand belonging to said wards:
1. Note on N. and P. Swan and Co. for money loaned of the funds of wards due Apr. 1,1858.
2. Interest on same to March 19, 1860 by note on Maria Roberts for loaned money due
Nov. 24, 1858.
3. Interest on same to March 19, 1860 by note on Porter Swann loaned money due
Jan. 7, 1859.
4. Balance due on note of John Hunter and others.
5. Note on Sophia Rogers due Jan. 1, 1861.
6. Note on William Barnhill and others due Jan. 1, 1861.
7. Note on Porter Swann.
8. Note on William Edwards.
9. Note on C. R. Brown due Jan. 1, 1860.
10. Note on William Edwards.
11. Amount paid William A. Edwards for clothing and shoes for negro.
12. Amount paid Sophia Rogers for attention and ________ for same.
13. Amount paid Dr. Inabint medical bill.
14. Amount paid Beasley Boyle Saddler and Co. for Evelina Roberts.
15.Amount paid I. T. Rives and Co. for E. Robert
16. 6% commission on $4484.54 allowed guardian.
17. Cash on hand for distribution $556.74. The said guardian charges himself with
the following sums of money and notes to wit:
1. To amount on hand as per account filed of that date----------------------$3492.17
2. To note on Sophia Rogers due Jan. 1, 1861 ----------------------------- 200.00
3. To Note on Porter Swan due Jan. 1, 1861 ------------------------------- 131.00
4. To note on William Barnhill et al due Jan. 1, 1861---------------------- 157.00
5. To note on W. Edwards due Jan. 1, 1861 ------------------------------- 100.00
6. To note on C. R. Brown et al due Jan. 1, 1861 ------------------------- 85.00
7. Due William Edwards for hire of negro 4 months----------------------- 40.00
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Final Accounting of Estate of Daniel Roberts by Nicholas Swan.
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The said Guardian shows that he has hired out for the present year the following negroes belonging to his ward to wit: Lewis, Emanuel, Angelina and her 4 children the names of which are unknown, Annes and her children, John, Tildy, Tom, Willis, Jane and her child Nelly, Blesy, all of which except Annis and her children and Angeline and her children are hired for the full time of this year, and he cannot get possession of them until the first day of Jan. next. The said women and their children he is now ready to turn over to any person authorized by said court to receive them.
Nicholas Swann guardian of Terril, Houston, Woodfin, minor children of Daniel Roberts deceased. In final account with said wards. March term 1860 |
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Noxubee Co Mississippi Court Minutes pg. 274
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March term 1860
The said guardian claims allowance for the following notes on hand:
1. Note on John I. Hunter et al due Jan. 1, 1861.
2. Note of N. and P. Swan for money loaned belonging to said wards due March 23, 1858.
3. Balance due on note of John Inabint and others.
4. Note on Phebe Swann and others for loaned money of ward due March 19, 1860.
5. Amount paid Dr. Inabint for medical bill. |
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Texas Records
Miscellaneous Papers found in metal box in Red River County Texas Courthouse
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M. M. Swann, guardian of D. T. Robert
Maria Roberts Dr.
To board and clothing pr ward and family of negroes --------------------------$ 190.00
Your petitioner Terril Roberts would respectfully respresent unto your honor, that said Terril Roberts, Woodfin Roberts and Houston Roberts, heirs of Daniel Roberts deceased, late of the State of Mississippi, are the joint owners of the following negroes to wit:
1. Nancy, a negro woman aged about 25 years.
2. Willis, a negro boy about 18 years.
3. One note on Porter Swan on June 25, 1860 for $1600.
4. One note on Phebe Swan due March 19, 1860 for $1050.00.
5. One note on Robert Swan due June 10, 1860 for $118.50.
Further that said M. M. Swan, a citizen of Red River County as the Guardian of the estatate and persons of Woodfin and Houston Roberts has possession of said property as guardian as aforesaid.
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Miscellaneous Papers found in metal box in Red River County Texas Courthouse
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M. M. Swann, guardian, Dr.
To Maria Roberts
To board and clothing for Daniel T. Roberts from Nov. 1, 1859 to Jan. 1, 1861.
To clothing for negroes.
To the honorable County Court of Red River County pertaining to estate.
The undersigned guardian of Daniel T. Roberts would respectfully submit the following
as his annual exhibit of the condition of the Estate of said minor.
1. Hire of negroes for the year 1864.
Boy Lewis to I. M. James for $250.00.
Girl Alsey to Maria Roberts for $100.00.
2. Amount expended for use and benefit of said Daniel T. Roberts since my last annual
report on April 23, 1863.
1. Paid for state and county taxes for the year 1862 ------------------------$ 11 .25
2. Paid for confederate taxes for 1863 -------------------------------------- $ 40. 00
3. Paid in fitting said D. T. Roberts out for the service in the army $ 350.00
4. Paid to I. M. James for clothing family of Negro woman and 5
children for the year 1863 ----------------------------------------------- $ 75.00
/a/ M. M. Swann
W. H. Sivley note to Roberts estate.
M. M. Swann, guardian of Daniel T. Roberts, a minor heir of Daniel Roberts and late of the State of Mississippi, would respectively submit the following Inventory of the negro property that has come to his hands as sworn guardian to wit.
(names of negroes not copied)
The following negroes which are the joint property of said Daniel T. Roberts and Evelina Sivley: (names of negroes not copied)
John J. Sivley and wife vs Petition to divide property of M. M.Swann.
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There are many pages of accounts of the Daniel Roberts’ estate in Winston County, Mississippi; Noxubee County, Mississippi and Red River County Texas. They were too numerous to copy all of them. An attempt was made to copy the most valuable portions of these records for proving the genealogical facts and the most interesting ones in hopes of enriching the picture of the family background.
The final accounting of the Estate of Daniel Roberts appears in the Winston County Mississippi records 1851-56. Records of the guardians of the minor children continue in the Noxubee County Mississippi and Red River County Texas records through 1864. The land of Daniel Roberts in Winston County Mississippi was sold in Jan. of 1856.
Probably shortly after this date, Mariah Roberts and her children left Winston County and moved to Red River County Texas because her brother Milton M. Swann was living there. Milton M. Swann had moved to Red River County in 1851. Mariah's brother Robert Swann moved to Texas at about the same time as Mariah and the children. He may have accompanied her on the trip and settled in Red River County the same time that she did.
Mariah Roberts' son Thomas N. James bought land on Pecan Bayou in Red River County in 1857. This date is the earliest record for Mariah or her children in Red River County.
1860 Census Red River Co Texas pg. 51, No 324-324, Post Office: Clarksville, July 25,1860.
| Name |
Age |
Sex |
Born |
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| Maria Roberts |
44 |
F |
TN |
Farmer |
$2000…$6730 |
| Houston Roberts |
19 |
M |
MS |
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| Woodfin Roberts |
17 |
M |
MS |
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| Tipton Roberts |
15 |
M |
MS |
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| Isaac James |
25 |
M |
TN |
Farmer |
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| Sallie James |
20 |
F |
TN |
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| John James |
1 |
M |
TX |
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By 1860 Isaac M. James and Thomas N. James and Terril Roberts had married. They all married sisters, daughters of John Henry Ragsdale and his wife Susanna Maria Lemay. Terril had left Red River County and moved to Blanco County Texas to live near his brother Alexander Roberts. Isaac or "Ike" James and his wife and son John were living with his mother. Evelina Roberts had also married, and she and her husband lived in Red River County.
In the summer of 1864 a "fever" epidemic occurred in Red River County. It is not known what disease this fever was, possibly Yellow Fever. Evelina Roberts who had married John J. Sivley died August 30, 1864 in this epidemic. Two other family members died. Sarah F. Ragsdale, the wife of Isaac M. James, and Susanna Maria Lemay, the wife of John Henry Ragsdale, both died in the same fever epidemic.
Isaac M. James was left with three small children. Mariah Roberts spent the next 20 years of her life living with her son "Ike" and raising his children.
1870 Census Red River Co. Texas pg. 241, No 1648-1648, P.O. Clarksville, Sept. 15, 1870.
| Name |
Age |
Sex |
Born |
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| Isaac James |
34 |
M |
TN |
Farmer |
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| John James |
11 |
M |
TX |
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| Thomas James |
9 |
M |
TX |
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| Ellen James |
7 |
F |
TX |
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| Maria Roberts |
54 |
F |
TN |
Housewife |
$1000…$2000 |
| Woodfin Roberts |
27 |
M |
MS |
Farmer |
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| Tip Roberts |
24 |
M |
MS |
Dry Goods Clerk |
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Red River Co Texas Deed Bk Feb. 9, 1871.
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Mariah Roberts and Ike James sold land on Pecan Bayou. |
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Red River Co Texas Deed Bk Oct. 16, 1872.
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Mariah Roberts and Ike James gave land for Pilgrims Rest Baptist Church located next to the school. |
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Mariah Roberts owned 273 acres of land located 7 miles east of Clarksville which was part of the Lawson/Lansen Headright, bounded on the north by Simeon English and with the school house in the southeast corner. The land was located north of Annona and west of English.
Terril Roberts moved to Mills County Texas in 1876. When he arrived there, his brothers Daniel Tipton and Houston were already living there. Probably at about the same time Mariah Roberts and her son "Ike" James and his family also moved to Mills County Texas. It was Brown County then since Mills County was not created until 1887. Thomas N. James had died as a soldier during the Civil War. Only Woodfin Roberts remained in Red River County.
1880 Census Brown County Texas ED 25 pg. 22 No 188-188.
| Name |
Age |
Sex |
Born |
Relationship |
| Isaac James |
45 |
M |
TN TN TN |
Farmer |
| Ella James |
17 |
F |
TX |
Daughter |
| John James |
19 |
M |
TX |
Son |
| Thomas James |
18 |
M |
TX |
Son |
| Mariah Roberts |
65 |
F |
TN |
Mother |
Red River Co Texas Deed Bk Jan. 17, 1883
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I Robert Swann attorney in fact for Isaac James and Mariah Roberts of the County of Brown and State of Texas for and in consideration of $900.00 sell to James Senter a part of the Lansen headright survey about 7 miles east from Clarksville deeded by Lansen to John Atkinson and from Atkinson to Garrison and from Garrison to Ike James and Mariah Roberts. |
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Sometime after 1883 Mariah Roberts left Brown County and returned to Red River County where she made her home with her son Woodfin Roberts. It is not known exactly when this was. Isaac M. James died in 1891. It may have been after his death that she returned to Red River County. In 1888 her son Houston Roberts was murdered during the Cattle War in Mills County Texas.
Mariah Roberts died at the home of Woodfin Roberts in 1892 in Red River County. She is buried in the Whiterock Cemetery in Red River County. At her death only three of her children were living: Terril Roberts, Woodfin Roberts and Daniel Tipton Roberts. Daniel Tipton Roberts lived only about a year after the death of his mother. He died Aug 23, 1893. Terril and Houston both lived to be old men and died within 3 1/2 months of each other. Woodfin Roberts died May 11, 1922 and Terril Roberts died Aug. 20, 1922. Terril Roberts was the last of the children of Daniel Roberts. |
