This web page was first mounted on March 14, 2008 by Sheila Schmutz. email@example.com and updated . This webpage is part of a series of pages on Oliver genealogy.
The story presented below was based on the genealogical research of my ancestor Benjamin Oliver, Sr. who died in Warren County, GA in 1809. The early part of his life, before he moved his family to Georgia is pieced together from the clue that the Y DNA of my "cousin" matches other descendants of Olive men who lived in Caroline County, VA in the late 1700's. Some people suggest that he is the youngest son of John and Elinor Oliver of England. John died in Caroline County, VA in 1747 without a will. There are some estate papers, but I have not seen these in the original.
There were many men named Benjamin Oliver living in Virginia in the late 1700s, so I may be piecing togehter genealogy of two different men named Benjamin Oliver. I currently believe these records likely all pertain to my ancestor, but can not be certain of this.
A Benjamin Oliver fought in the French and Indian Wars, as a soldier in Caroline County, VA who . It is recorded that he fought from 1758, until discharged. 1
"French and Indian War bounty land for military service performed 1755-63 was not granted until 1779-1780 due to the Proclamation of 1763 issued by the Crown, which prohibited settlement west of the Alleghanies. The soldier had to come into his local court and prove his right to the land by stating when he served, with whom, and at what final rank. The Library holds the record of French and Indian War land bounty, which is on Land Office reel 360. Oliver received 50 acres as a private on certificate #598 in 1780. He does not appear to have gotten a land grant for it. It was common for people to assign (sell) their right to the land to someone else." Minor T. Weisiger, Archives Research Services Coordinator, Library of Virginia
It appears that my ancestor Benjamin married Sarah in Virginia about 1770. It is possible that Benjamin also served in the Revolutionary War, from Virginia, but I have found no evidence of this. Some of their ten children were born in Virginia before the family moved to Georgia. The tax records below list a Benjamin Oliver, but whether it is "my ancestor" Benjamin Oliver or not, is not certain.
1784 Caroline Co., Va. Personal Tax copied at Virginia State Archives
Benjamin Oliver, Sr. and his family moved to Georgia about 1786. His son, Robert V. Oliver was born about 1786. Based on the 1880 census of his son, Robert was born in Georgia 2 Warren County was formed from Burke, Columbia, Richmond, and Wilkes counties in 1793. Benjamin Senior's oldest son was married in Warren county in 1798 and other children thereafter. Benjamin Oliver, Sr. and Junior are shown on the 1805 list of taxpayers in Warren County, as are his sons John and Robert. 6
Based on probate court records 5, after Benjamin Senior's death in 1809, it would seem that he was a cotton planter. In 1812, 3438 lbs were hauled and sold in Augusta for $232.06 1/2. It is possible this amount was accumulated over more than one year, since there is only one other entry for $91.31 for cotton from 1811. He had some slaves: Reuben, Terry, Caesar, that must have worked the land for him. After his death, it appears their work was leased by others. I have not found how much land he had but it must have been over a hundred acres, since he left that amount to his son Robert 4. He also owned Negro women named Rachel and Nell, girls named Silvia and Epps, and a boy named Till 4.
His oldest son, John Oliver, married Sarah Lowe on July 4, 1798 in Warren County 3. John and Sarah moved to Talbot County, GA by 1830 with their 4 daughters and one son, John Oliver, Jr. By 1850, his wife Sarah had died. John was living with his daughter Ermine, the widow of James M. Stinson in 1860 at the age of 87 and presumably died before 1870.
His son Benjamin Oliver, Junior married Nancy Rose, on March 7, 1802 in Warren County, GA 3. For whatever reason he was left only 25 cents in his father's will. I suggest that he is the Benjamin Oliver, living in Jones Co, GA in 1820 and 1830 with his wife and three sons (Augustus, John and Columbus) and two daughters (Emily and Sarah Ann) 7. Benjamin Jr. may have died there before 1840. His mother, Nancy Oliver, is living with Dianna Persons in the adjacent Upson Co, GA in 1850.
Benjamin Sr.'s son Robert V. Oliver married Patience Pitts on July 16, 1805 in Warren County, GA 3. In his fatherıs will, he was given 100 acres of land on which they lived in 1809. By 1830 they had moved to Jefferson County, Mississippi. They had 3 sons and 4 daughters who may not all have survived. By 1838 they had moved to Shelby County, Tennessee and his son Thomas B. Oliver died there leaving his widow Elizabeth (Holt) Oliver and children. He died after 1840.
Benjamin's son James V. Oliver married Charlotte Persons on Dec. 20, 1818 in Warren Co., GA. They had one son by 1820 and lived in Warren County until at least 1824. It is likely that his sister Ermine and Mother were living with them in 1820 also. By 1830, he had moved to Monroe County, GA and had three sons, but Charlotte seems to have died by then. Based on the school records of the Culloden Male Academy of 1837, these sons had initials T., H. and E. 7 He and two sons are still in Monroe County in 1840.
It is believed that Benjamin's son Terry remained in Warren County, GA, likely on the original farm. Terry married Susannah Kendall on April 15, 1815. They had at least one child by 1820 who was recorded as a daughter in 1820 and a son in 1830. On June 15, 1837 Terry Oliver married Delilah Jones. It is not clear if this is the same Terry or a son named Terry. In 1840 he and his wife are still in the Warrenton District with 8 slaves. On May 4, 1843 Terry Oliver married Martha Stanford.
Benjamin's daughter Nancy preceded her father in death. She had married a Candler, believed to be Henry Candler and they are said to have had two sons and two daughters. This suggests her death was between 1797 and 1809. One son, William Candler, was living in Warren County in 1814 when he married Nancy Lacy. He moved to Jones County, GA with his maternal uncles Benjamin, Jr. and John.
Benjamin's daughter Patsy married James Rogers, Sr. in Warren County GA. They had a son James, Jr. by 1799. Patsy likely died before 1810 since James Senior married Sophia Cooksey then.
Benjamin's daughter Sarah, presumably named after her mother, married Robert Tate (Tait) on Aug. 25, 1807 in Warren County, GA. In 1823 she is paid out from the estate of her father and referred to as Sarah Tate whereas her sistersı husbands are paid. This likely means her husband was dead by this time and she was a widow. I have not traced them further and do not know if she had children or remarried.
Benjamin's daughter Ermine was not married at the time of her fatherıs death and likely went to live with her brother James until her marriage to John Moore on Feb. 28, 1821 in Warren County. They had 3 sons and 6 daughters. Ermine died between 1835 and 1840 in Warren County. Her husband John and son Geo. were living with her sister Mary and husband in 1850.
Benjamin's daughter Mary was not married at the time of her fatherıs death but presumably married thereafter. Based on the court records in 1823, after the death of her mother, her portion was given to her husband John Butt. She was his second wife and married him about by 1820. They had 2 sons and a daughter. He was a hotel keeper. They were still living in Warren County in 1860.
Benjamin Oliver, Sr. died in Warren County, GA after May 7, 1809. His will (below) was probated on July 3, 1809. His wife Sarah died about 1823 since court records 5 indicate there were items paid out from his estate, including her funeral expenses.
WillI Benjamin Oliver of Warren County do make and ordain this my last will and testament (as follows to wit). I give to my loving wife Sarah Oliver all my estate both real and personal during her natural life and at her death to be divided between my children as follows. At the death of my wife I give to my son John (hard to read at edge of page) Oliver a Negro man by name of Reuben to him and his heirs forever. At the death of my wife I give to my son Benjamin Oliver twenty five cents to him and his heirs forever. At the death of my wife I give to my son son Robert Oliver one hundred acre of land it being that part of my land whereon he now lives beginning at a corner on Adam Jonesı land this on a line that is already run to Robert Abercrombie land to him and his heirs forever. At the death of my wife I give to my son Terry Oliver a Negro Boy by the name of Terry (blot) Bed & furniture to him and his heirs forever. At the death of my wife I give to James [note this name is hard to read and he does not indicate a relationship] Oliver a Negro boy by the name of Caesar, a feather bed and furniture to him and his heirs forever. I give to my daughter Patsy Rogers a woman by the name of Rachel & her increase to her and her heirs forever now in the possession of my son in law James Rogers. I give to the children of my Daughter Nancy Candler deceased a Negro girl by the name of Silvia to them and their heirs forever. At the death of my wife I give to my Daughter Sarah Tate a Negro woman by the name of Nell to her and her heirs forever. At the death of my wife I give to my Daughter Mary Oliver a Negro boy by the name of Till, a feather bed & furniture a horse saddle & bridle to her & her heirs forever. A the death of my wife I give to my Daughter Ermine Oliver a Negro girl by the name of Epps feather bed and furniture a horse saddle & bridle to her & her heirs forever. At the death of my wife I give the remainder of my estate to my two sons, Terry & James Oliver to be [last word destroyed] [continued next page] At the death of my wife I give the residue of my estate to be equally divided between all my children. I appoint my loving wife Sarah Oliver Executrix. William Flurnoy and Thomas Friend my executors. As witness my hand and seal this seventh day of May eighteen hundred and nine.
Signed sealed & published Benjamin ___ Oliver (seal) For his mark there is a very large B
In presence of
Wm H Blunt
Warren County personally appears Green Andrews James Lowe and Thomas Lowe and being duly sworn on this holy Evangelist of Almighty God defendth and saith that they saw the written named Benjamin Oliver in sign seal and deliver this Testament and (blot) His so doing he was of sound dis..(blot) And memory to the best of their (blot) being then in his presence and in (blot) of each other and at his request they all became witness to the same. Sworn in open court this third day of July 1809
CCO WC James Lowe
Will obtained from the County Clerk of Warren County, GA in August 2007 and transcribed by Sheila Schmutz. Note that a fire in the courthouse in 1909 damaged some records, such as this one and destroyed others.
Note that Sarah Sharpless pointed out that an abstract of this will was published in: The Rev. Silas Emmett Lucas, Jr., "Some Georgia County Records, Vol. 1," Southern Historical Press, Greenville, SC, 1st printing 1977, 2nd printing 1994. p. 338.
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