Fwding this with permission from Mr. Stout. Also can be found on CAPPS
Genforum boards. --Jim Cochran
-----Original Message-----
From: Joe W. Stout <joewstout(a)iswt.com>
I spent the day today with Bill and Ann Teer from Graham NC, Wanda
Johnson
from McKenzie and Gary Lewis from Huntingdon visiting the old Capps
cemeteries, Christmasville and Meridian. For the CAPPS researchers here is
some new information on James Rogers Capps.
Joe Stout
James Rogers Capps (1809/1850)
Child of Cason and Polly Rogers Capps
>From the marriage records of Orange Co, NC, we find that James R. (Rogers)
Capps (1809/1850) married Mary "Polly" Teer (Polly Tier on the marriage
records) on December 24, 1832 in Orange County, NC. The bondsman was J.C.
Turrentine. James R. Capps' parents were Cason Capps and Mary "Polly"
Rogers Capps, the daughter of William and Elleada McNeely Rogers. Polly
Teer's parents were Luke and Jenny Ruth Clendenin Teer, the daughter of
William and Mary Ray Clendenin.
>From the early Orange County estate records we find that Polly Teer and
husband James Capps were still in Orange County in 1833. James and his
brother Robert were named the executors of the estate of their father,
Cason Capps, in that year. We also find James R. sold his real property to
his brother Robert Capps.
>From the census data we find a daughter, Nancy Ann Capps. It is near
certain she was born in 1834 in Orange County. Grandfather, Luke Teer,
left Nancy Ann Capps $200 in his controversial 1842 will. He made no
mention of other children of Polly Teer Capps. We are certain that Luke
was aware of Polly Capps' death because she is not mentioned in his will,
only Nancy Ann Capps. From Luke's will we quote the passage as it relates
to Nancy Ann Capps: "Fourthly I give and bequeath to my Granddaughter Nancy
Ann Capps, the daughter of Mary Capps two hundred dollars after my wife's
death."
There had been a terrible drought in Orange County in the era of 1820-1830.
The lands had been farmed for a long period of time and was "wearing out"
as a result of not replenishing the nutrients in the soil, along with other
poor farming practices. Since James Rogers Capps' brother, William Rogers
Capps, had migrated to Williamson County, TN in about 1815 and then on to
Carroll County, which was actually Chickasaw Indian lands, it seems natural
that James, Polly and their new daughter would move there. James R. is
found in Gibson County in 1836 where he purchased items at the Henry Capps'
estate sale.
We do not know when nor where Mary (Polly) Teer died. The serious Capps
researchers that we have spoken to think she died on the way to TN or
shortly after arriving there, "from the fever."
Due to her marriage date of 1832 and a daughter being born in 1834 we now
conclude that Polly Teer Capps was born about 1810, certainly in Orange
County, NC and certainly the daughter of Luke TEER, not Tier.
In the census data and marriage records of Carroll County we find that
James R. Capps remarried on December 1, 1838, to a "Sarah Justice" one year
younger than he. (Note that the census data is inconclusive about Sarah's
age. She is shown as 40 in 1850, 46 in 1860, and in 1870 she is shown as
being 47.) The census data shows James R. as being born about 1809. From
Sarah's father, William McClure's, will, probated in Carroll Co. TN in May
1857, she is revealed as the widow of James Justice. (His full name was
James Gray Justice.) This will is in Will Book A, Carroll County, TN
(September, 1822-1864), Pages 287-291. The passages of interest in this
will are: "...I do give to James Justice Decd and my daughter Sarah Justice
now is Sarah Capps one horse and saddle worth $75.00 and cow and calf
$20.00. Done received." Surely this ESTABLISHES that Sarah Justice was
Sarah McClure Justice at the time of her marriage to James R. Capps. Note
the above will also references the following: "...The Judgement that I had
to pay for James Capps that was sold to Dell I wish it to come out of her
estate that is to come out of my Estate the Judgement is about $75.00
interest."
>From research on the James Justice family we find that Sarah already had
two children by James Justice when she married James Rogers Capps. They
were: Bennett Justice, born about 1834 and Elizabeth Jane Justice, born
about 1836. This is ESTABLISHED from the guardian records and
administrator's bonds, in the court records of Carroll County, TN. In the
Carroll County Court Minutes, 1843-1850, Part II, Page 224, dated, July
Term 1846, the following is recorded: "This Day Allen A. Justice (brother
of James Justice) came into Court and renewed his guardian's bond as the
law requires for Bennett M. and Jane Justice, minor ORPHANS of James J.
Justice, deceased in the sum of five hundred dollars with Benjamin Woodard
& Green Utley, as his securities, who all came into Court and acknowledged
the due execution of the same which the Court received and approved and
ordered to be filed."
(Note records of Sarah and James Justice's marriage have not yet been
located, however, this blessed event is believed to have occurred about
1832/3.)
These two children have caused considerable confusion and arguments among
Capps researchers. This is because they were sometimes identified as Capps
children, particularly Jane. In the 1850 census, Jane is listed in the
Capps household, incorrectly, as a CAPPS, however, Bennett was not so
listed, and never was as far as has been found to date. After a careful
review of all available documents, the conclusion is made that the 1850
census taker was mistaken.
County records of Elizabeth Jane Justice are confusing. It appears she
married Neely Moore in 1855 as "El Justice." But no trace of him has been
found and there appears to have been no children from this marriage. In
1858 she married William Henry Curlee in Carroll County. They moved to Red
River, TX shortly before 1860, along with some neighbors and relatives.
The whereabouts of Bennett Justice after 1859 is unknown at this time.
Note that Nancy Ann Capps was not shown in the James R. Capps household in
the 1850 census. Nancy Ann is shown in the house of Joseph Hampton, next
door to James R. and Sarah. This area, in this period of time, had a
terrible epidemic of yellow fever. Possibly she was there to escape the
disease, or because of it. (Note in the next paragraph that Joseph Hampton
had been appointed one of her two securities, probably before the census
was taken.)
On June 3, 1850 James R. was appointed guardian of Nancy Ann, his daughter,
along with Joseph Hampton and James M. Young as securities. This can be
found in Gibson County, TN "Bond & Wills 1846-1852, Book D, page 249. The
most likely reason for this is that grandfather Luke's wife had died and
Nancy Ann was sent the $200 provided her by her grandfather's will. But
why would Nancy Ann's father, and others, need to be appointed her guardian
and securities by the courts? (The bond was for $500, could it be that it
took all three of them to be worth $500?) The explanation for the guardian
is this: in that period, when a minor received an inheritance the courts
appointed a guardian to assure the money was used or retained for the
child's benefit and not squandered in some tavern. The guardian had to
make reports to the courts about expenditures, interest income, and other
financial matters concerning the minor.
James R. and Sarah were living in Carroll County before moving to Gibson
County. In the Chancery Court Records, of Carroll County, we find the
following: On October 1, 1841, James R. bought two tracts of land from
George T. Ridley for $200. This property was estimated to be 57 acres and
was lying in the 4th district, on Clear Creek, in Carroll County. This is
the first time that James R. is shown in the deed records in Carroll
County. Ridley acknowledged the deed in May, 1844 and it was registered in
July, 1844. (Deed Book F, Page 150) On December 7, 1842, James R. sold
this same property to R.D. Shoffner for $200. It was acknowledged by
witnesses in January, 1844 and registered March 1844. (Deed Book F, Page
76) At the same time, James R. agreed to purchase from Shoffner 112 1/2
acres for $393.75. James R. gave Shoffner notes for payment and Shoffner
was to make him a deed. In December, 1843 James R. filed suit against
Shoffner in Chancery Court. He claimed Shoffner had: [1] knowingly sold
him an "unhealthy place," [2] had sold his notes to Oliver Huffman, [3] had
failed to make him a deed, and [4] had no clear deed to the property in the
first place. Depositions were taken of both sides. In summary, James R.
had been sick while living on the land. He claimed the land and/or water
on the place contained something that caused a disease called "milksick"
that killed animals and caused illness in people and that Shoffner knew of
this. The property was in the vicinity of Crutchfield's mill in the 10th
District. The court papers indicate that James R. was not living on the
property at the time of the lawsuit, having already moved away, possibly to
Gibson County. In August 1844, the Carroll County Chancery Court granted a
decree in James R.'s favor. In October 1844 Shoffner won an appeal to be
heard April, 1845 in the Supreme Court in Jackson, TN. Shoffner was bound
to James R. in the amount of $600 and cost if he defaulted. These Supreme
Court records are probably in Madison County and could contain more
depositions and a final judgement. These records have not been researched
to date. Authors note: Later research reveals that the classic "milksick"
of this period of time was, in fact, cause by cows eating "white snake root
plants" and passing the toxin produced onto the milkdrinkers, thus mildly
poisoning them.
James R. was living in the 17th district of Gibson County, somewhere in the
vicinity of the community of Skullbone, probably to the southwest of there,
when the October 21, 1850 census was taken. At the December term of court
in 1850 a guardian was appointed for Nancy Ann Capps, "minor orphan of
James R. Capps, DECEASED." This can be found in Gibson County, "Wills &
Bonds 1846-1852," Book D, Page 275. This particular paper is dated
December 2, 1850. SURELY THIS INDICATES, WITH A HIGH DEGREE OF CERTAINTY,
THAT JAMES R. CAPPS DIED BETWEEN OCTOBER 21, 1850 AND DECEMBER 2, 1850!
Apparently Sarah McClure Justice Capps moved back to Carroll County after
James R.'s death. An Administrator's Bond for Sarah Capps, in the amount
of $300, was filed in Carroll County, December Term of court, dated
December 4, 1854. John McClure, her brother, and Lemuel Stout were her
securities. Shortly after February, 1855, Sarah filed an inventory record
of James R.'s estate. From reviewing the inventory papers and considering
the administrator's bond was only $300 we can establish it was a rather
small estate. There are reports of papers concerning James R.'s estate as
late as 1858. We think this was when Nancy Ann turned 21 and part of her
father's estate passed to her.
Little else is known of James R. Capps. Some Capps researchers say he is
buried in Mt. Herman Cemetery in Weakley County, TN, in an unmarked grave
While others say he is in Mt. Herman Cemetery in Gibson TN. Others say
this is the same cemetery and the county lines have been changed several
times in this area in the last 150 years. Sarah is supposedly buried there
also, and she is reported as having a marker. This appears now to be
unlikely because we know James R. died just prior to 1851. Further
research shows this particular cemetery was started about 1880. Also,
according to census data this cemetery is not near the area that James R.
and family was known to have lived. A graveyard registry, "Quoted May 4,
1939 for Mt. Herman Graveyard, Weakley County" does not list any Capps or
Justices buried there.
These researchers are unaware of Sarah McClure Justice Capps death date or
place. She and son Edward are known to have been living in the 3rd
District of Carroll County when the 1870 census was taken. No trace of
Sarah and her children has been found after 1870. There is speculation
that they left the area possibly following other family members to the west
and north.
>From Cousin James W. Fly we learn that James R. and Sarah's son, James M.
Capps; born March 3, 1847 and died March 14, 1872 is buried in the private
McClure Cemetery, in Carroll County, TN. Also buried there is, Herman N.
Capps; born August 28, 1872 and died Feb 24, 1873, the son of E.L. and E.
Capps and the grandson of James R. and Sarah. There also is William
McClure; born April, 1775 and died May, 1857, the father of Sarah McClure
Justice Capps. According to Cousin James this information was copied by
Marvin Clark sometime ago. These writers have visited the site and have
verified this information is correct.
Authors note: There was another Sarah Capps, married to a John R. Capps
living in the subject area at a slightly later date and they are easy to
confuse with our Sarah and James R. Capps. Further research reveals this
to be John Rogers Capps (7/23/1831-8/7/1901) and wife Sarah Bates Capps
(1833-1904). John Rogers Capps is the son of William Rogers Capps and the
nephew of our now famous James Rogers Capps, since William R. and our James
R. were brothers.
The James Rogers Capps family.
James Rogers Capps (1809-1850)
sp Mary "Polly" Teer (1810?-1837?)
1. Nancy Ann Capps (1834-?) [married Mar 17, 1859
sp Samuel Rigsby in Carroll County]
sp Sarah McClure Justice (1810-after 1870)
1. William Bennett Justice (1834) son/o James Justice
2. Elizabeth Jane Justice (1836) dau/o James Justice
sp Neely Moore
sp William Henry Curlee
3. Mary Capps (1839) dau/o James Capps
4. Susan Capps (1842) dau/o James Capps
5. Elizabeth Capps (1844) dau/o James Capps
6. Porter Capps (1845) son/o James Capps
7. James M. Capps born 3-3-1847 son/o James Capps
died 3-14-1872
8. Edward L. Capps (1851) son/o James Capps
Herman N. Capps (8-28-1872/2-24-1873) son/o Edward Capps
Interesting Note: In Carroll County Deed Book E, Page 356, dated January,
1839; a bill of sale is found for two slaves named "Felix" and
"Quillian,"
which had been purchased from Alexander Gwin for Jane H. Patton, Sarah
Justice, and Mary McClure, all daughters of William McClure. The slaves
were to be retained by the daughters and if sold they were only to be sold
to William McClure. This paper is signed by Tho H. Patton, Jane H. Patton,
J.R. Capps and Sarah J. Capps.
These writers wish to thank Cousin James W. Fly, Cousin Terry Davis, Cousin
Joyce Ford, and Cousin Joe W. Stout for their inputs to what is known, or
thought to be known, about James Rogers Capps his first wife, Mary "Polly"
Teer, and his second wife, Sarah McClure Justice Capps. We are grateful to
all of them for without their inputs, there would be no story. This story
is not closed, as more is learned over time, we reserve the right to
correct what is written here or add to it as required.
Bill And Ann Teer Wanda Johnson Gary Lewis
Graham, NC 27253 McKenzie, TN 38201......Huntingdon, TN 38344
__________________________________________
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