Records Emerge After the Death of James Holmes
James Holmes died in Perry County, Tennessee, sometime before August 1847. His death was within the year after making the arrangement for George Washington Holmes to move onto his farm. He was probably around 79 or 80 at the time of his death.
The probate records for Perry County, Tennessee for this time period were lost in a courthouse fire in 1863, so we will likely never see exactly what happens to his estate. This leaves Holmes researchers like myself wondering if we would ever find a way to prove the relationships in this family.
Luckily, the Perry County, Tennessee deed books held more clues. There are three records that pertain to this family and shed light on the relationships.
The bad news is, these three records don't tell the whole story of how James' estate was divided. The full details would have been in the probate records. But the good news is - we get some information - at least it's something!!!
Let's dig in.
What also seems implied to me is that Absalom, James Jr and Jacob are heirs (sons) of James Holmes, Sr. because they have interest in his estate. It's my opinion that Samuel Holmes might also be a son. As the oldest (living) son, it would make sense for him to administer the estate of his father.
The third record is also in the deed books, and this one gets confusing. Instead of summarizing, I'll list the whole transcription so that you don't miss any of the important details:
First, to clarify, this is a transcription of circuit court minutes, but I found this record in the deed books. I looked in the Perry County circuit court records for the proceedings referenced - the interlocutory decree from the last term of the court - and I can't find it. This court case is in the deed books because it is proof of the transfer of title of the property of James Holmes - his 7 slaves.
Also, before diving into this record, let's back up and review legally what's happening to James' estate. Because there was not a will directing otherwise, the title to his property would have gone first, by law, to James' widow. But it appears that she died before him. (There was no woman of wife age in his home on the last census in 1840.) Without a widow, his estate would be equally divided among his heirs, his children. Now, based on these three records, the only assets of James' estate are his slaves. We already saw in the 2 records above that Absalom, James Jr., Jacob L, Abraham, and Sylva seem more interested in cash than slaves.
Now with that sorted out, what's happening in this record is that two of James' heirs purchase the slaves from the group. Samuel purchases Usley/Ursula and her five children from his siblings, the "heirs at law" of James Holmes. Likewise, George W Holmes purchases the other slave, John. Samuel and George don't pay the cash on the spot, but rather take notes, with each other as security, and have 9 months to pay up.
James Holmes' "heirs at law", his children, the group of people who legally received title to the assets of his estate at his death seem to include, based on these records: Absalom, James Jr, Jacob L, Abraham, Sylva, and I believe also George W and Samuel Holmes. I already made the argument above that Absalom, James Jr., and Jacob L are sons of James Holmes because they have interest in his estate as his death. Abraham and Sylva are his heirs because they also have interest in his estate, and because they say so. George and Samuel are also his sons because they are named as heirs in the first party of the suit above "Holmes & Administrators & Heirs." Also, as far as George is concerned, remember that James called George his heir in the last post and left him his farm at his death? Which is maybe why there is no discussion of the farm as part of the estate - it may have gone to George per that agreement, but I don't know that for sure.
Let's close with a recap. So much of this info was news to me! James Holmes died in Perry County, Tennessee on or before August 1847. We finally have proof of that. James was the father, for sure, of Abraham Holmes (born around 1805 or 1806) and Sylva Holmes Lea (born around 1812). We can now add Sylva (Sylvia) to our trees! (I already have DNA matches to her!) In my opinion, as I explained, I think James is also the father of Absalom, James Jr, Jacob L, George W, and Samuel Holmes. That's big news, we've been trying to pin down a father for these guys for years. Finally, these records contain a lot of details about the slaves of James Holmes, and I'd like to dive into that more in a future post.
As exciting as it is to arrive at the conclusion of James Holmes as father of George Washington Holmes, it's also bittersweet. I'm not completely satisfied with these records being solid proof. I'm still left with so many questions.
I've heard a tip before that when you're stuck in a family, look to the wealthy, unmarried son. Because they are wealthy, there will be plenty of assets to sort out at their death. Because they are unmarried and without a wife or heirs of their own, their estate will go to their siblings. We have a candidate - did you see how much money Samuel Holmes paid for the the 6 slaves? A total of $1,985! That's a lot of money today! Imagine how much that was in 1849! In the next post we'll take a look at what happens to Samuel's estate when he dies.
Thanks for reading! Feel free to post any questions or comments you may have!
____________________________________
1 Perry County, Tennessee, Register of Deeds, Deed Book H, Page 110 (image 505/684), "Know all men by these presents that we Absalom Holms James Holms and Jacob L Holms," August 1847; digital images, Family Search, film #008264702 (Familysearch.org ; viewed 26 March 2019).
2 Perry County, Tennessee, Register of Deeds, Deed Book G, Page 133 (image 304/684), "Know all men by these presents that we Abram Holmes and Sylva Lea," 16 Dec 1847; digital images, Family Search, film #008264702 (Familysearch.org ; viewed 26 March 2019).
The probate records for Perry County, Tennessee for this time period were lost in a courthouse fire in 1863, so we will likely never see exactly what happens to his estate. This leaves Holmes researchers like myself wondering if we would ever find a way to prove the relationships in this family.
Luckily, the Perry County, Tennessee deed books held more clues. There are three records that pertain to this family and shed light on the relationships.
The bad news is, these three records don't tell the whole story of how James' estate was divided. The full details would have been in the probate records. But the good news is - we get some information - at least it's something!!!
Let's dig in.
Absalom Holmes, James Holmes (Jr) and Jacob L Holmes
In the first of the records1, in August of 1847, Absalom, James Jr and Jacob L Holmes sell “All the claim, title, and interest that we separately and individually have in and to the estate of James Holmes, deceased.” They sell their stake in James’ estate to Samuel Holmes for $400 each. Samuel Holmes is also the administrator of the estate. The record goes on to list that James’ estate consists of “one family of negros that is Usley and her five children Emily, Amanda, Stephen, Benjamin and Artemis and one boy named John.”What Does This Mean?
The implied information here tells us that James died prior to August 1847. Also, he died intestate (without a will). How do we know that? Because his estate has an administrator. If he had a will, the term for the person who carries out these duties would be executor or, if a female - executrix. The direct information in this record is that, for whatever reason, the three men are selling their stake in James' estate to Samuel.What also seems implied to me is that Absalom, James Jr and Jacob are heirs (sons) of James Holmes, Sr. because they have interest in his estate. It's my opinion that Samuel Holmes might also be a son. As the oldest (living) son, it would make sense for him to administer the estate of his father.
Abraham Holmes and Sylva Lea
The second record 2 is dated in December of the same year, 1847. Abraham Holmes and Sylva Lea, “widow of Abel Lea” record a deed in Searcy County, Arkansas (it’s also recorded in the Perry Co, TN deed book) where they sell to Samuel Holmes, for $300 each, “all the right, title and claim to each of our respective shares of the estate of our father, James Holmes, deceased...consisting of our family of negros to wit one woman named Usley and her children Emily, Amanda, Stephen, Benjamin, Artamessa and also another negro man named John, aged about 20 years”
What Does This Mean?
- Sylva?! She's totally new to me, and I'm so happy to know about her.
- Huge shout out to Abraham and Sylva for really spelling it out for us that James was their father. No guessing here.
- Abraham and Sylva are doing the same as Absalom, James and Jacob in the other record - selling their stakes in the estate of their father to Samuel.
- We discussed in this post that in 1850, George and Abram (Abraham and Abram get used interchangeable) are living next door to each other in Searcy County, Arkansas. So this fits with what we already knew about him. Now we know that Abraham was already in Searcy County by at least December 1847.
- I wonder if they knew that their brothers got $100 more for selling their shares in their fathers’ estate? Did Abraham and Sylva get less because they live out of town?
Holmes & Administrators & heirs vs. Holmes heirs
The third record is also in the deed books, and this one gets confusing. Instead of summarizing, I'll list the whole transcription so that you don't miss any of the important details:
State of Tennessee} Circuit Court January Term 1849
Perry County} Homes & administrators & heirs, vs, Homes heirs
Report on pursuance of an interlocutory Decree made in
this cause at the last term of this court I have after advertis-
ing as as in said Decree directed proceeds to sell the slaves
in the pleading mentioned, on the 16th day of October 1848,
as follows towit, Ursula and Silva for the sum of seven hundred
And fifty Dollars to Samuel Holms, Stephen to Samuel Holms
for three hundred Dollars Benjamin to Samuel Holms
for three hundred dollars Emily to Samuel Holms for
Three hundred dollars Amanda to Samuel Holms for
Three hundred ^ and thirty five dollars for which I hold the note of
the said Samuel Holms and G. W. Holms as security
Due the 16th day of October next, and John to George
W. Holms for four hundred and twelve dollars and fifty
cents for which I hold his note with Samuel Holms
security due the 16th day of October next all of which
is respectfully submitted, James Kelly, Commissioner
which report being unexpected to and in all things is
confirmed, and it is there upon ordered acknowledged and
decreed, by the court that all the right title claim
and interest of the heirs at law of James Holms in
and to the following slaves, towit Ursula and Silvia
her child Stephen, Benjamin
Emila, and Amanda in the pleadings mentioned be dives-
ted out of said heirs at law of James Holms, Deceased
and vested in Samuel Holms and that the right title
and interest of the heirs at law be vested in George
W. Holms and that James Kelly the Commissioner report when
the purchase money is paid but that all other things be
reserved.
Here's a section of the document:
Here's a section of the document:
 |
| Perry County, Tennessee, Register of Deeds, Deed Book H, Page 175 (image 538/684), "Circuit Court January Term 1849, Homes & administrators & heirs vs Homes heirs," recorded 3 March 1851; digital images, Family Search, film #008264702 (Familysearch.org ; viewed 26 March 2019). |
What Does This Mean?
Good question! There's a lot to unpack, and some important details are missing, but I get the gist of it.First, to clarify, this is a transcription of circuit court minutes, but I found this record in the deed books. I looked in the Perry County circuit court records for the proceedings referenced - the interlocutory decree from the last term of the court - and I can't find it. This court case is in the deed books because it is proof of the transfer of title of the property of James Holmes - his 7 slaves.
Also, before diving into this record, let's back up and review legally what's happening to James' estate. Because there was not a will directing otherwise, the title to his property would have gone first, by law, to James' widow. But it appears that she died before him. (There was no woman of wife age in his home on the last census in 1840.) Without a widow, his estate would be equally divided among his heirs, his children. Now, based on these three records, the only assets of James' estate are his slaves. We already saw in the 2 records above that Absalom, James Jr., Jacob L, Abraham, and Sylva seem more interested in cash than slaves.
Now with that sorted out, what's happening in this record is that two of James' heirs purchase the slaves from the group. Samuel purchases Usley/Ursula and her five children from his siblings, the "heirs at law" of James Holmes. Likewise, George W Holmes purchases the other slave, John. Samuel and George don't pay the cash on the spot, but rather take notes, with each other as security, and have 9 months to pay up.
James Holmes' "heirs at law", his children, the group of people who legally received title to the assets of his estate at his death seem to include, based on these records: Absalom, James Jr, Jacob L, Abraham, Sylva, and I believe also George W and Samuel Holmes. I already made the argument above that Absalom, James Jr., and Jacob L are sons of James Holmes because they have interest in his estate as his death. Abraham and Sylva are his heirs because they also have interest in his estate, and because they say so. George and Samuel are also his sons because they are named as heirs in the first party of the suit above "Holmes & Administrators & Heirs." Also, as far as George is concerned, remember that James called George his heir in the last post and left him his farm at his death? Which is maybe why there is no discussion of the farm as part of the estate - it may have gone to George per that agreement, but I don't know that for sure.
Let's close with a recap. So much of this info was news to me! James Holmes died in Perry County, Tennessee on or before August 1847. We finally have proof of that. James was the father, for sure, of Abraham Holmes (born around 1805 or 1806) and Sylva Holmes Lea (born around 1812). We can now add Sylva (Sylvia) to our trees! (I already have DNA matches to her!) In my opinion, as I explained, I think James is also the father of Absalom, James Jr, Jacob L, George W, and Samuel Holmes. That's big news, we've been trying to pin down a father for these guys for years. Finally, these records contain a lot of details about the slaves of James Holmes, and I'd like to dive into that more in a future post.
As exciting as it is to arrive at the conclusion of James Holmes as father of George Washington Holmes, it's also bittersweet. I'm not completely satisfied with these records being solid proof. I'm still left with so many questions.
I've heard a tip before that when you're stuck in a family, look to the wealthy, unmarried son. Because they are wealthy, there will be plenty of assets to sort out at their death. Because they are unmarried and without a wife or heirs of their own, their estate will go to their siblings. We have a candidate - did you see how much money Samuel Holmes paid for the the 6 slaves? A total of $1,985! That's a lot of money today! Imagine how much that was in 1849! In the next post we'll take a look at what happens to Samuel's estate when he dies.
Thanks for reading! Feel free to post any questions or comments you may have!
____________________________________
1 Perry County, Tennessee, Register of Deeds, Deed Book H, Page 110 (image 505/684), "Know all men by these presents that we Absalom Holms James Holms and Jacob L Holms," August 1847; digital images, Family Search, film #008264702 (Familysearch.org ; viewed 26 March 2019).
2 Perry County, Tennessee, Register of Deeds, Deed Book G, Page 133 (image 304/684), "Know all men by these presents that we Abram Holmes and Sylva Lea," 16 Dec 1847; digital images, Family Search, film #008264702 (Familysearch.org ; viewed 26 March 2019).
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