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Third Generation

9. John Milton DURHAM was born on 29 Mar 1779 in place unknown.1,2 He died on 7 May 1855 in Roane County, Tennessee.1,2 In the 1850 Census for Roane County, Tennessee (Subdivision 20), Polly Durham, age 56, and Obediah Mathis, age 25 are listed in the household of John Durham, age 71, born in "Virginia". Polly Durham coud be a daughter, or possibly a second wife.
NOTES FROM: Barb & Smitty's Legacy

This is a scary thing to admit, but I haven't any concrete evidence that John is Mastin's son. All I have are papers, such as are listed below, that they were in the same areas at the same time. There is no will or other documentation that puts the two together on paper. Many have his middle name as MIlton, which is a logical conclusion since a few of his grandson's carried that name.

1800 Wilkes County NC Census:
Maston Durham: 2 Males 16-25 1 Male 45 and over
1 female 10-15
3 female 16-25
1 female 45 and over
John marries sometime between 1800 and 1805. James S. was born in 1805 and Selah, possibly in 1803, so the marriage probably took place between 1800 and 1802

1810 Burke County NC Census:
John Durham: 1 male under 10
1 male 26-44
2 female under 10
1 female 16-25

1820 Wayne County KY Census:
John Durham: 1male to 10
1 male 11 to 15
1 male 45 and up
3 female to 10
2 female 10 to 15
1 female 26 to 44
page 536
More Info: Grantee: Durham, John
Acres: 70
Book: B
Page: 202
Date Survey: 6-21-1816
County: Wayne
Watercourse: Sugartree Valley
Wayne Co. KY Deed Book D p 64 - 25 Oct 1823 John Durham of Wayne Co to Reuben Sloan of same for $300, conveys tract of 20 acres in Sugar Tree Valley. Wit: Robert Gregg, Elisha Meyers Signed John Durham, Polly Durham
1830 Roane County TN Census:
John Durham: 1 male under 5
1 male 10 to 14
1 male 15 to 19
1 male 50 to 59
2 females 5 to 9
1 female 10 to 14
2 females 15 to 19
1 female 40 to 49

1840 Roane County TN Census:
John Durham: 1 male 10 under 14
1 male 60-69
1 female under 5
1 female 40-49

I have copies of all the following:

JOHN DURHAM's WILL Written 27th of April 1855 (but legally executed in June of 1855)

I, John Durham of the County of Roane and State of Tennessee, being old and weak in body but sound in mind and memory and knowing shortly I must die, do constitute, appoint and ordain this, my last will and testament, in the following: by first I give my love to God and my body to the earth to be by my friends, buried in Christian like manner, hoping to receive it again at the resurrection of the dust (as --ching) my worldly estate. My land, house and farm I leave with or give to my wife, Charity Durham to have all the profits and possession of the same till my son, Lewis C. Durham, comes of age or twenty one years of age and or if he, Lewis C. Durham should die before he comes of age, still my wife is to have the possession and profits of the land till her death. And to my son, Lewis C. Durham the above named child, I give one third of all my land including the dwelling house I now live in and I also give him, Lewis C Durham, four books: my family Bible, hymn book and Nelson on Deism and the History of Christ and Apostles and the profits of the farm is for my wife's support and raising and schooling of the before named child, Lewis. And to my wife I give two choice horses or mares and my wagon and (gearing) with other farming tools and all of my cattle ( there being five hogs and sheep) And my Negro man, Austin, I leave or give to my wife to work and raise support for her and the raising of my son, Lewis, but should Austin, my black man, become unruly so that my wife cannot manage him to advantage and she, my wife, and my executor thinks it best to sell him, it is my will and I ordain it that my Executor advertise him twenty days and then sell him to the highest bidder for cash on a credit of six and twelve months credit and the proceeds of the same apply to the farm (no) improving or cultvation of it or so much thereof as shall be thought necessary by my Executor and the balance of my property toward three head of horses, two of them being colts with some ?????? to be sold by my Executor whom I now appoint (trust.) John A Durham and Allen D. Morrison in fact for me and to attend to all of my business and seeing to my farm left to my wife and improving leasing and renting the area I ordain that they shall be fully paid for all their trouble or time out of such ??????as they shall have in their hands and I appoint and request them to attend to the above business till my son, Lewis C, Durham, becomes of age, then he, Lewis, is, as before named, to have one third of the land including the dwelling home and the other two thirds I ordain to be sold and one hundred dollars of the proceeds I give first to my daughter, Rachel C. Durham and the balance to be equally divided between all of my heirs. Rachel C. Durham to have equal divide with the rest, but Lewis C. Durham is to have no part in this divide, he first getting one third of the land. And further, if my wife should marry, she shall be deprived of the profits and benefits of the land and farm above described to her and or if my son, Lewis C Durham, and her, my wife, should both die before he comes of age, then in that case, I ordain that my land all be sold and equally divided between my heirs. Rachel first to one hundred dollars and equal (ly) divided with rest.

Given under my hand and sealed with my seal the 27th day of April 1855. his
John X Durham
Witness(th) mark
M. H. Sellers
(J.) M. Price

Monday June 4th 1855
State of Tennessee

A paper writing purporting to be the last will and testament of John Durham (due) was produced in open court and the execution and declaration thereof was duly proved in open court by the oathes of M.H. Sellers and J. M. Price, the subscribing witnesses thereto, and admitted to record and ordered to be recorded. And John A Durham and Allen D Morrison, the persons appointed in said will as executors, appeared in open court and entered into bond in the sum of three thousand dollars conditioned, as the law requires, with MH Sellers and RA Stigall his (??????) which bond was recorded and approved by the Court. And the said John A Durham and Allen D Morrison took an oath to execute said will according to law and letters. Testamentary was granted in the words and figu(res) following towit,
State of Tennessee

To all persons, Greetings
Whereas at our County Court held for the County of Roane at the Courthouse in Kingston on the first Monday of June 1855, it appeared to the Court that John Durham, late of said County, had died having first made his last will and testament in which John A Durham and Allen D. Morrison are appointed Executors and the said will having been proved and admitted to record and the said John A Durham and Allen D Morrison having been qualified according to law. It was ordered that (letters) testamentary issue (?)
We, therefore, empower you, the said John A Durham and Allen D Morrison, to take into your possession all and singular the goods and chattel rights and credits of the said testator whereas over the same may be (focused) and all just debts of said testator and all the legacy specified in said will will and truly to (pay) so far as the said goods and chattel rights and credits may extend and the law (charges) and in all things, to administer said goods and chattel rights and credits according to the law of the land.
Witness Austin S Green, Clerk of our County Court at office in Kingston, this 4th day of June 1855

Monday October 1st 1855
State of Tennessee

On the petition of Allen D Morrison and Thomas H. Durham the testimony or statement of John A Durham and Henry Leggitt Sr were permitted to be taken and recorded in order to perpetuate the same, whereupon John A Durham being first duly sworn in open court (depose) and said that he was present at the time an agreemnet was made or acceded to by his father, John Durham, decd, dividing lands bought by his father from James Bellorrison and Allen D Morrison, that said line was agreed upon between James Bellorrison and Allen D Morrison that his father, John Durham, bought the interest of James Bellorrison and was showed the conditional line and was governed by it. In his purchase, that said agreed line runs from marked Post Oak on the north side of the tract situated farthest west and runs a south eastward destination crossing the meridian line to a marked Black Gum in a hollow and then with said hollow to the line of a forty acre tract, and that the said boundry is well known, certain and easily defined.
Henry Ligget, Sr., being duly sworn in open court, depose and says that he heard John Durham state that he had bought the interest of James Bellorrison to a certain tract of land adjoining lands of Allen D Morrison and that their lands were separated by an agreed line that said John Durham pointed out the agreed line or that it was pointed out to him that if he was on the premises, he could show where it was, that the line was about as stated by Mr. John A Durham as set forth by his testimony
JOHN DURHAM Decd. Nov. 1875
State OF Tennessee
Roane County

Be it remembered that on this 13th day of October 1875 personally appeared before me J.M. Sturges, Clerk of the County Court for said County and State. A D Morrison and John A Durham Executors of the last will and testatment of John Durham, deceased, and made the following further and final settlement of said estate towit;
From a settlement made with A.D. Morrison, one of the said Executors on the 3rd of April 1874 he was
---------------------------------------------------------------------- -----------
(Chargalite) 393.28
Add interest to date 36.05
Contra Credit
April 27, 1875 1) Paid J A Hill Taxes for 1875 6.12 6.12
March 24, 1875 2) Paid J C Pope Surveyor 3.
Interest to date .02 3.52
April 26, 1875 3) Paid for building house on farm 97.50
Oct. 23, 1875 4) " Jas. Sever Atty. fee 5.00
Allowed A.D Morrison one of the
Executors for his services. 18.00
Allowed John A. Durham the other
Executor for his services. 20.00
By this sum Clk. fees for stating this
account which was ( ) information
of said ordered by the Court to (?????) 2.75
According same and for order confirming 1.37
(being 1/2 fees.) _________
Leaves this sum when deducted 154.26
There were originally 9 heirs, but Selah Parks formerly Durham
Elizabeth Grimsely formerly Durham
Mira Simpson formerly Durham
Mary Bridges formerly Durham
and Thomas Durham
having died, their shares will descend in equal payments to their
children whose names and numbers are unknown and will be to each >>>>>>> 30.56
To heirs of Selah Parks 30.56
" " " Elizabeth Grimsley pd WL Grimsely Aug. 22, 1876 $ 16.11 Mary Smith and Margaret E.
" " " Mira Simpson 30.56
" " " Mary Bridges 30.56
" " " Thomas Durham Rec'd Sarah M.; C. Columbus; J.S.; A.H
Bettie; J.M.; W.H. all $13.82
To Singleton Durham 30.56
" Unice Warren Paid in full 30.56
" John A. Durham 30.56
" Lewis Durham 30.56
At time of stating the former account which the above stated was (????) recash it was not thought that Lewis C was under the will entitled to share with the other heirs in said estate but after legal advice and a consultation of authroities hearing on the case, it was decided that he was entitled hence the (car??) of a restatement of the account.
All of which is, respectfully, submitted.
JM Sturges Clk.
State of Tennessee
Roane County

Be it remembered that on this 12th day of March 1877 personally appeared before me, Jm Sturges Clk of the County Court for said County and State A.D. Morrison, one of the Executors of John Durham, deceased, and made the following additional settlement and return of said Executorship to wit:
By reference to Book H pages 210 & 211 will be seen the last settlement made by said Executor on the 9th line from top of 2nd page the words "final settlement" appears and at that time I supposed, (not having closely examined the will of said dec'd) the same to be final. Since then, however, said Executor under and by virtue of the authority given him in said will, sold the real estate left by said deceased, also some rents from the farm for the year 1875, and at the Dec. term in 1876 reported said sale as follows:
One hundred and four acres of land $400.00
One hundred and eight bus. corn @ .20 21.60
Thrity three Doz. oats @ .5 1/4 pr Doz. 1.73
Said Executor says the sale of the land took place on the 14th Nov. 1875, that the notes executed by the purchaser, Jno. A. Branson, bears interest from that date to the interest on the said $400.00 being 1 yr. 3 mos. 28 days, would be 31.99

making in the (aggregate) 455.32
Contra Credit
Nov. 14, 1875 1) Paid W. B. Reed advertising 5.00
interest to date .39
Feb. 9, 1876 2) Paid J. W. Hill tax 1875 3.20
interest to date .20
Allow(??) Guardian for services 25.00
By this sum clerk fees for stating this account recording same and for order confirm-
Leaves this sum 416.73
In Book E page 523 on 9th line from top of page in the will of said deceased (???) directs that his lands be sold and out of the proceeds therof pay to his daughter, Rachel, before a division be made, $100.00, but she having died without issue, Lewis C. who in said will on second line from top of same page is to have no part on the proceeds of the sale of said land. Yet when Rachel died, as before stated without issue, he was entitled to 1/9 of the 100.00 so bequethed to her which share is.................................................................... ........................................... 11.11
Leaves now this sum for distribution among the 8 remaining legatees............................445.62
This sum, divided by 8 allows to each $50.70 1/4
There were originally 8 heirs (besides Lewis C. whose interest is just above disposed at) but Selah Parks, formerly Durham
Elizabeth Grimsley, formerly Durham
Mira Simpson ""
Mary Bridges ""
and Thomas Durham, having died, their share will descend to their children whose names and ages are, at present, unknown.
So the accound will stand thus
To the heirs of Selah Parks 50.701/4
" " " " Elizabeth Grimsely (Margaret E. and Mary (Smith) "
" " " " Mira Simpson "
" " " " Mary Bridges "
" " " " Thomas Durham ( J. M. & W. H.) "
To Singleton Durham "
" Eunice Warren (Pd in full) "
To Jno. A. Durham "
On pages 210 & 211 in Book H. the last settlement made by said Executor, as before referred to, can be seen and the amounts there shown to be due to several of the heirs would have been carried forward, incorporated in this settlement and the said heirs given benefits of the interest, but the residences of most of them were and still are to the Executor unknown and he says he is not willing to take the responsibility of loaning the money, came and deposited the same in office taking Certificate of Deposit. Therefore I have charged him with no interest.
(?????) Submitted
James Sturges

Regarding John's wives: I am almost positive that his first wife was named Elizabeth Allen. (See notes for John Allen Durham) If this is so then her birth year was between 1785 and 1790. She married John either in Wilkes or Burke County NC around 1800-1802. She died in Roane County TN between the years of 1830 and 1840. His second wife, who I think everyone believes, was Mary Majors. Her birth year is approximately 1794 in Tennessee. I still don't know where the last name Majors came from.
She may have borne one female, Rachel, to John about the year 1837. She died around 1851 or so because John marries a third time to Charity Dyer on Sept. 6, 1851 and bears him a son, Louis C. in February of 1854.
Meigs County TN Marriages
1850 - 1900
DURHAM, John ?, Charity 6 Sep 1851


John Milton DURHAM and Elizabeth ALLEN were married before 1803.2 Elizabeth ALLEN was born between 1785 and 1790. John Milton DURHAM and Elizabeth ALLEN had the following children:



Selah "Cealy" DURHAM.



James Singleton DURHAM.



Elizabeth DURHAM.



(Unknown male) DURHAM was born about 1813 in Kentucky.1



Thomas Hansford DURHAM.



Mary DURHAM was born about 1823 in Kentucky.1



Eunice Martha DURHAM was born about 1824 in Roane County, Tennessee.1



Mira DURHAM was born about 1825 in Roane County, Tennessee.1



John Allen DURHAM.



Rachel C. DURHAM was born about 1837 in Roane County, Tennessee.1



Lewis Coffey DURHAM was born on 9 Feb 1854 in Roane County, Tennessee.1