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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
http://wc.rootsweb.ancestry.com/cgi-bin/igm.cgi?op=GET&db=tbug144&id=I4625
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
*******************************
CHAPTER VI KENTUCKY LAND WARRANTS (1816-1873)THE COUNTIES OF KENTUCKY
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
--------------
429.33
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.) _________
275.07
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
275.07
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.
***********************************
DURHAM DEC'D APRIL 1877
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-
ing4.80
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 "
______
405.62
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
http://www.tngenweb.org/meigs/memar_d.htm
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:
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