Christopher Chaney, Texas Patriot
Michael A. Ports*
Introduction
The
following material is the first installment in a forthcoming series of articles
concerning the many descendants of Christopher Chaney in Texas. Each article will focus on the family of one
particular individual, his or her spouse, and their children. For this the first installment, the focus is
on the family of the earliest proven ancestor, Christopher Chaney. Future articles will focus upon each of his
children, as more research is completed.
Hopefully, the following will provide some new and interesting family
history to some unknown cousins. Of
course, it is hoped that descendants or other interested researchers will step
forward with new information. The
author invites comments, corrections, as well as suggestions for further
research from all readers.
Origin of the Chaney Family in Southwestern Virginia
In 1810, the Court of Russell County,
Virginia ordered James Francis, John Chaney, Hezekiah Chaney, and Abel Chaney,
all poor children, bound out as apprentices.[1]
Unfortunately, no further mention of the four children has been found in
the county records. One can only assume
that the three young Chaney boys were brothers, all under the age of
majority. Perhaps they were orphans
with no means of support. During that
period in Virginia, the county courts commonly apprenticed young orphans,
rather than provide for them directly from public funds.
The three may well have been the younger
brothers of Greenberry Chaney, who appears on the 1809 and 1810 tax lists.[2] Both years
Greenberry paid the tax for himself and one horse. The three lads were not his orphaned sons, as Greenberry Chaney
subsequently appears on the tax lists for the years 1811, 1812, and 1813. He probably was the same Greenbury Chany who
appears on the Wythe County, Virginia personal property tax list of 1796.[3] On the list
of Captain Samuel Crockett recorded on March 29th, Greenbury Chany appears with
one male over 16 and one horse.
Hezekiah Chany appears on the same list with one male over 16, five
blacks over 16, twenty horses, and one stud horse recorded April 1st. This is the first appearance of Greenbury
Chaney found in any Virginia record. If
he had been living in Wythe County prior to that time, then he reached 21 years
of age that year. However, if he was a
recent immigrant into Wythe County, then he may have been older than 21. In either event, he was born circa 1775 or
earlier.
From the similarity of the names, it is
likely that Greenberry Chaney and the three young Chaney boys were related to
the Hezekiah Chaney, who settled circa 1782 in that portion of Montgomery
County that became Wythe County in 1789.
Hezekiah Chaney, James White, and John White witnessed a series of three
deeds, all dated in September of 1782, in which John Reagh conveyed several
tracts of land along Cripple Creek.[4] Hezekiah
Chaney appears in the extant Wythe County tax lists continuously until his
death there in 1813. His will, signed
on March 12, 1812 and admitted for probate on July 13, 1813, names his sons
Hezekiah, Archibald, Abel, and the two youngest Hosea and Hiram.[5]
Hezekiah was the son of Richard Chaney
who died intestate in Anne Arundel County, Maryland. Son Abel Chaney, as administrator, filed the distribution of the
estate.[6] The sureties
were Charles Johnson and Thomas Chaney.
The distribution indicates that tenths were given to Thomas Rowles
(husband of Sarah Chaney), Hezekiah Chaney, William Marsh (husband 0f Mary
Chaney), Nathaniel Hancock (husband of Sophia Chaney), Michael Dunn (husband of
Elizabeth Chaney), Abel Chaney, James Holmes (husband of Delilah Chaney),
Thomas Chaney, Greenberry Gray (husband of Susannah Chaney), and Dennis
Robinson (husband of Ann Chaney) on May 16, 1793. Greenberry Chaney and Hezekiah Chaney sued Michael Dunn in Wythe
County, Virginia over a civil matter in 1798.[7] While the
suit dragged on for two years, the object of it was not recorded. It is reasonable to conclude that Greenberry
and the three Chaney lads were sons of either Thomas or Abel Chaney and
grandsons of Richard Chaney of Anne Arundel County. But, which of the two was the father of the three young
apprentices, John, Hezekiah, and Abel, is not known. Perhaps their father, either Thomas Chaney or Abel Chaney, came
to Virginia in the 1790’s and died soon thereafter without leaving any
trace.
On December 11, 1818, Christianna Trout,
of Russell County and heir of Philip Trout deceased, sold her interest in the
150-acre tract on Little Cedar Creek to her brother Christopher Chaney of
Washington County for $52.50.[8] The land was
part of a 200-acre tract located about three miles south of the courthouse that
Philip Trout had purchased on September 2, 1806.[9] From the
evidence available, it is known that Christiana Trout and Christopher Chaney
were siblings. The three apprentices
appear to have been their younger brothers and Greenberry Chaney their older
brother. All six probably were children
of either Thomas or Abel Chaney.
Perhaps, some were children of Thomas Chaney and some were children of
Abel Chaney. The possible combinations
and permutations seem endless!
The Early Years in Russell County
1. Christopher Chaney was born circa 1794, probably in Wythe County,
Virginia. The first record of him that
has been found is his appearance on the 1817 personal property tax list of
Russell County.[10] He paid the poll tax for himself, but no
other personal property. Thus, assuming
that he had recently turned twenty-one years old, he probably was born in 1795
or possibly 1794. In September of 1817,
when the Russell County Court appointed Christopher Chaney as guardian for
Christanah, Barbary, Catherine, Jacob, and Daniel infant orphans of Philip
Trout, deceased.[11] By this date,
young Christopher had married and started his family. Until more records come to light, nothing can be known for sure
about his earlier life. Because he
could sign his name, we know that he received at least some schooling however
rudimentary. Based solely upon the
births of his children, it is presumed that Christopher married circa 1815
probably in Russell County. Because the
first Russell County marriage record book is now lost, no record of his
marriage has been found. Later hints
indicate that he may have earned his living as a farm laborer, miller, or
blacksmith.
Christopher Chaney purchased a 102-acre
tract of land on Little Cedar Creek in Russell County from John Bates in 1819.[12] The purchase
probably was made purely as an investment.
Soon thereafter, he moved his family south over the mountain into
Washington County, in time for the 1820 Census.[13] In his
household were:
Males Females
One, under 10
years One, under 10
years
One, between 16
and 26 One, between
16 and 26
Naturally, it is presumed that the two
older persons are Christopher and his wife Rebecca. The young male is presumed to be their oldest son, Francis, and
the young female their oldest daughter, Mahala. Early that same year, Christopher and his wife, Rebeccah, then
living in Washington County, sold their two tracts of land in Russell County
for $325 to David Hanson.[14] The first was
the 102-acre tract that he had purchased from John Bates and the second was a
25-acre tract that was his sister's interest in her husband's property. Even after moving his family to Washington
County, he continued to work in Russell County. The county court there paid him $2, in June 1823, for putting
irons on John Elliott, a prisoner committed for murder in 1817.[15] Was he a
blacksmith by trade?
On October 18, 1820, Landman Short and
his wife, Nancy, sold a 76-acre tract on Smith's Creek in Washington County to
Christopher Chaney for $200.[16] Just one year
later, Christopher and his wife, Rebecca, sold that land to Henry Pippin for
$200.[17] Thus,
Christopher made no profit on the sale.
Had his fortunes turned sour?
Was he forced to sell in order to raise capital? It is not known how he used the
property. Did he live on it, farm it, or
lease it to others? The 1821 Tax List
shows that Christopher paid the taxes on this property.[18]
Then, on March 29, 1825, Michael Fleenor
and his wife, Sally, sold a 232-acre tract of land to Christopher Chaney for
$200.[19] The tract was
located on both sides of the North Fork of the Holston River at the mouth of
Davis Creek. Apparently, Christopher
was unsuccessful in farming his property or in establishing a milling
enterprise on Scott Creek. As a result,
he and John White became indebted to Alexander Findlay and John D. Mitchell in
the amount of $1,206.72. Could this
John White, who was Christopher's business partner, be the same John White who
witnessed the deeds with Hezekiah Chaney in Montgomery County in 1782? In order to provide security for that debt,
Christopher conditionally sold three tracts of land to Jacob Lynch.[20] The terms of
the deed provided that the sale was null and void if the debt were
satisfied. The first tract he had
purchased from Michael Fleenor in 1825.
The second tract on the North Fork of the Holston River he had purchased
from Daniel Ragan. And, the third tract
of 300 acres on the North Fork he had purchased from Elijah Gillinwaters, Jr.
However, it seems peculiar that no
record can be found of any purchase from Elijah Gillinwaters. It also seems peculiar that the sale of the
33 acres on the North Fork of the Holston River from Daniel Ragan and wife,
Catherine, of Sullivan County, Tennessee did not take place until May 23, 1831.[21] Christopher
paid the taxes on his 232-acre tract purchased from Michael Fleenor each year
from 1826 through 1834. He did not pay
the taxes on the other two tracts until 1835.
Thus, he seems not to have owned the two properties until after he sold
them! Perhaps he was leasing the lands
or otherwise owned the right to purchase them and did not exercise his option
until later. Alternatively, perhaps the
county clerk erred when recording the deeds.
The tax records indicate that both of the tracts had been transferred to
Christopher Chaney from D. Ragan. In
1830, Christopher was still living in Washington County.[22] In his
household were:
Males Females
Two, under 5 years
Two, between 5 and 10
One, between 10
and 15 Two, between
10 and 15
One, between 20
and 30 One, between
20 and 30
In addition, Christopher owned two
slaves. The census record places his
date of birth between 1790 and 1800.
The previous census record of 1820 narrows the range to between 1794 and
1800. His first appearance on the 1817
tax rolls indicates a probable birth year of 1794 or 1795. By escaping the court ordered
apprenticeship, he must have been at least 16 years of age in 1810. Thus, 1794 remains the best estimate for his
date of birth. It is presumed that the
seven children were their own. The only
male child is their son Francis. The
oldest two daughters are Mahala and Evaliza.
The two middle females are Jane and an unknown daughter. The youngest two females are Elizabeth and
Martha.
Christopher satisfied most of his debt
obligations, but remained indebted to Alexander Findlay and John D. Mitchell in
the amount of $270.37. He was willing
to secure his remaining debt by selling lands to David Cambell for $300 on July
27, 1834.[23] The deed
specified that the sale would be null and void if the debt were satisfied. The sale included his 150-acre tract
purchased from Michael Fleenor and "such lands sold by James White to
said Chaney on same side of River, except five acres sold to Abram
Mongle."
Christopher's fortunes improved
sufficiently for him to pay his debts and prevent the sale of his lands, but
not enough for him to remain in southwestern Virginia. Whether his milling business was struggling,
the lure of new cheap lands in the west was overpowering, or he answered the
patriotic call for volunteers to defend democratic principles and free his
fellow Americans from Mexican tyranny, Christopher chose to leave Appalachia
and move his family to Texas. On August
24, 1835, he sold a 10-acre part of the old Michael Fleenor tract to Abram
Mongle for $50.[24] Just two days
later, for $600, he sold to Abram Nordyke, Abram Mongle, Elijah Mongle, and
John Dickerson his remaining lands on the south side of the North Fork of the
Holston River, including his mills near the mouth of Scott Creek.[25] His wife,
Rebecca, relinquished her dower rights by signing her mark. And on August 31, 1835, Christopher and
Rebecca sold to Abram Linder for $400 a 193-acre tract on the North Fork known
as The Boatyard Place.[26]
Christopher paid taxes on only three
tracts of land for the years 1834 and 1835.
The first was the 232-acre tract at the mouth of Davis Creek purchased
from Michael Fleenor. The second was
the 140-acre tract on the West Fork of the Holston River on both sides of
Little Moccasin Gap purchased from Daniel Ragan. And the third was the 33¾-acre tract on the West Fork purchased
from Daniel Ragan. Precisely when
Christopher disposed of the last of his real estate is not known as no deeds
were recorded.
Arrival in Texas
Soon after disposing of his real estate,
Christopher Chaney moved his family westward across the frontier into Texas,
then in the process of wresting its independence from Mexico. It seems most likely that he was among the
large number of American volunteers who arrived too soon to participate in the
climatic Battle of San Jacinto in April 1836.
Certainly, he arrived in Texas no later than July 1836, when he joined
the Texas Army. It is presumed that he
brought his family with him to Sabine County, Texas and then joined the
Army. Of course, it is possible but
seems less likely that his family arrived in Sabine County while Christopher
was in the Army or soon after his death.
His heirs obtained the following bounty certificate based on his
military service.[27]
No. 390 STATE OF
TEXAS 320 Acres
KNOW ALL MEN TO WHOM THESE PRESENTS SHALL COME
That Christopher Chaney having served faithfully and honorably the Army of the
Republic of Texas, for the term of three Months, from the Eigth day of July
1836 until the Eigth day of October 1836 and having died in the Service. The heirs of said C. Chaney is entitled to
three hundred and twenty Acres Bounty Land, for which this is his CERTIFICATE.
And the said Heirs of Christopher Chaney are entitled
to hold said Land; or to sell, alienate, convey and donate the same; and to
exercise the rights of ownership over it.
In Testimony whereof, I have hereunto set my hand, at
Austin this 25th day of Feby 1848.
C. S. Mann
Act. Adjutant General
Military bounty grants were issued for
service in the army of the Republic of Texas.
For every three months of service, one certificate to locate 320 acres
was issued. Most of the original muster
rolls for the Texas Army, particularly those from the Revolutionary Period,
either fell to pieces from overuse or burned in the conflagration that
destroyed the Adjutant General's Office in 1855. Because the actual fighting ended at San Jacinto in April, it is
presumed that Christopher died from disease or other accident. No other records have survived concerning
his military service in the Texas Army.
As a result of a severe fire at the
Sabine County Courthouse, all of the early records were lost. Thus, records no longer exist to document
the probate of Christopher Chaney's estate and the marriages of his
children. However, some citizens
voluntarily recorded their old deeds again after a new Courthouse was erected. One such recorded document mentions one deed
from Rebecca Latham and F. S. Chaney to R. T. Gibson and another deed from W.
C. Duffield to Rebecca Chaney.[28] The subject
land was part of the original Perfirmo Land Grant, but no dates are given
concerning the original owners. Another
such document mentions a 127-acre tract near Naomi Mackey's land, originally
granted to F. S. Chaney by the Sabine County Land Board, and later sold to A.
W. Naylor.[29] Again, dates
are provided for neither the original grant nor the subsequent sale.
While the lack of early deeds and other
records makes research especially difficult in early Sabine County, both
residency and property ownership may be reconstructed from the extant tax
rolls. The widow appears on the tax
rolls as Rebecca China, or Chiney, for the years 1837, 1838, and 1839.[30] In 1837, she
paid $3.32 in taxes for one slave, six cattle, and two horses, together valued
at $665. However, in 1838, she was
assessed just $2.65 for one slave and one clock, both valued at $530. She must have sold her livestock or
otherwise hidden it from the tax assessor.
In 1839, she was assessed $2.67 on the same property. The slave was valued at $500 and the clock
at $35. Rebecca did not pay taxes after
1839. Then twenty-one years old, her
son Frank S. Chaney, is first listed in the tax rolls of 1840 and pays the
taxes for the same slave and clock.
It is presumed that Rebecca moved to
Montgomery County with her son in 1845.
That portion of Montgomery County was split off to form the new Grimes
County in 1846. She was enumerated there
as the head of household in the 1850 Census.[31] Curiously,
her age was not recorded. Perhaps she
refused to state her age. More likely,
the enumerator simply neglected to record it.
Living with the widow were her son Francis, her daughter-in-law Kezziah,
her son Hiram, and, her youngest daughter Ellen.
At the time of the 1860 Census, Rebecca
Chaney was living in the household of her son-in-law Prew Stuckey in Grimes
County.[32] She reported
that she was 60 years old and had been born in Virginia. Therefore, she was born circa 1800 in
Virginia, probably Russell County. Her
maiden name as well as the names of her parents remain unknown. Rebecca died sometime after the census was
taken in 1860, probably in Grimes County, as that is the last record of her
that has been found. She probably was
buried in the old Chaney-Davis family cemetery near Iola, in Grimes
County. If a tombstone was ever erected
at her grave sight, none remains today.
The children of Christopher and Rebecca
Chaney:
2. i. Mahala, born May 11, 1817 in Russell County, Virginia.
3. ii. Francis S., born circa 1818 in Washington County,
Virginia.
4. iii. Evaliza, born October 1, 1820 in Washington County,
Virginia.
5. iv. unknown daughter, born circa 1822 in Washington County,
Virginia.
6. v. Jane N., born circa 1824 in Washington County, Virginia.
7. vi. Elizabeth White, born April 8, 1829 in Washington
County, Virginia.
8. vii. Martha Ann, born circa 1830 in Washington County,
Virginia.
9. viii. Hiram Cowden, born December 1832 in Washington County,
Virginia.
10. ix. Ellen W., born July 15, 1834, in Washington County,
Virginia.
The middle names of two of their
children provide tenuous links to Hezekiah Chaney of Wythe County,
Virginia. Elizabeth White Chaney may
have been named for either James or John White who witnessed deeds with
Hezekiah in 1782. Perhaps Rebecca was a
White. Also, two of Hezekiah daughters
married men named Cowden. Perhaps
Rebecca also was a Cowden. Some family
researchers have posited that Rebecca’s maiden name was Hobbs, based upon oral
tradition or other speculation.
However, the fact remains that no record of any kind has come to light
indicating Rebecca’s maiden name.
The fact that as many as five years
passed between the birth of Jane in 1824 and Elizabeth in 1829 seems to
indicate that Rebecca, as Christopher's second wife, may have been the mother
of only the younger children. The
earliest known reference to Rebecca is in the deed of sale to David Hanson on
April 29, 1820. However, the only known
children of Christopher Chaney are those that grew to adulthood. While only eight children are known to have
survived him, it is clear from the available census records that there were
more children in his household than those eight. According to the available census records, some six daughters
were born before 1830, yet only five are known to have survived into
adulthood. Thus, it is presumed that
Rebecca married Christopher circa 1816 probably in Russell County and that she
was the mother of all of his children.
At least the available evidence does not contradict that presumption.
Settling the Land Claims
In addition to military bounty grants,
headright grants were given to the heads of families and single men who settled
in the newly established Republic of Texas.
First class grants were issued to those who arrived in Texas prior to
March 2, 1836. Heads of families
received one league (4,428.4 acres) and one labor (177.1 acres) and single men
received one third of a league (1,476.1 acres). Second class grants were issued to those who arrived in the
Republic after March 2, 1836, but prior to October 1, 1837. Heads of families received 1,280 acres and
single men received 640 acres.
The heirs of Christopher Chaney clearly
were entitled to two separate land grants from the Republic of Texas. First, they were entitled to a military
bounty grant for 320 acres of land based upon his military service. Second, they were entitled to a second class
headright for 1,280 acres of land because he had arrived in Texas after March
2, 1836. On March 7, 1842, Rebecca
Chaney, administratrix of the estate of Christopher Chaney, obtained a
headright certificate for 1,280 acres of land.[33] The heirs
later exercised their headright by locating two surveys of land in Bee
County.
However, the heirs also obtained a first
class headright grant. On May 30, 1854,
the surviving heirs of Christopher Chaney obtained a headright certificate for
one league and one labor of land in accordance with an act passed on February
8, 1854.[34] The question
is “On what basis were the heirs entitled to both a first class grant and a
second class grant?” Perhaps
Christopher arrived in Texas prior to March 2, 1836. If that were true, then he would have been entitled to a first
class headright grant. But, then who
was entitled to the second class grant?
Certainly not Christopher.
Perhaps Rebecca and the rest of the family arrived in Texas sometime
after March 2nd but prior to October 1, 1837.
Perhaps they arrived after Christopher’s death. If true, then Rebecca as the head of a
household would have been entitled to the second class headright. Of course, the foregoing is speculative as
insufficient hard evidence has been found to answer that question definitively. The real possibility exists that the family
was entitled only to the military bounty grant and the second class grant. They may have obtained the first class grant
fraudulently.
The heirs exercised their first class
headright by locating one tract of 3,129.36 acres of land in Johnson County and
another tract of 1,476 acres of land in Mills County. On January 1, 1848, Rebecca Chaney, the widow and relict of
Christopher Chaney, on behalf of the heirs entered into an agreement with W. R.
Bowen, which stated in part that she
"...the holder and owner of a certificate No. 20
issued by the Board of Land Commissioners of Grimes County, for one League and
Labor of Land granted the 12th day of October A. D. 1847 - First Class - not
being able either to pay the necessary expense or to undergo the fatigue and
trouble necessary to procure a Patent for said land by selecting, locating, and
paying all expences incident thereto, hereby releases, relinquishes, and
assigns to the said William R. Bowen, his heirs and assigns forever, One third
League of Land which the said Bowen is hereby authorized and empowered to
select, locate, and survey."
In return, William Bowen obligated
himself to
"...select, locate, and clear out of the offices
and procure for her the said Chaney a Patent from the Government for the
Two-thirds of a League and One Labor of Land, and saving her the said Chaney
entirely expenseless."
Her son F. S. Chaney, as agent signed
the agreement for Rebecca Chaney, and W. R. Bowen.[35] On February
12, 1858, the heirs of Christopher Chaney formally conveyed the tract
containing one third of a league of land to John H. Bowen, assignee of William
Bowen deceased late of McLennan County.[36] The deed
names the heirs as
"Rebecca Chaney, widow and relict of said Christopher Chaney
deceased, F. S. Chaney, Hiram Chaney, Daniel Stuckey, Mahala Stuckey, wife of
said Daniel Stuckey (and formerly Mahala Chaney) Prue Stuckey and Ellen
Stuckey, formerly Ellen Chaney, all residents of Grimes County, John Mackey and
Jane Mackey, formerly a resident of Grimes County, Texas, now a resident of
Caldwell County, Texas, both heirs in law of C. Chaney deceased, John W.
Cawble, E. Cawble, wife of said John W. Cawble and formerly E. Chaney, at that
time a resident of Grimes County, Texas, but now citizens of Hill County, Texas,
Thos Humphries and Elizabeth Humphries, wife of said Thos. Humphries, and
formerly Elizabeth Chaney, at that time residing in Grimes County, Texas and
now citizens of Johnson County, Texas, William W. Hill and Martha Hill, wife of
said Wm Hill, and formerly Martha Chaney, at that time residing in Grimes
County, Texas and now citizens of Freestone County."
On August 31, 1855, a petition was filed
in the Hill County District Court on behalf of William F. Henderson of Navarro
County against William R. Bowen of Grimes County and the heirs of Christopher
Chaney, deceased.[37] The plaintiff
alleged that he was the legal owner of three tracts of land now in Johnson
County, but formerly in and under the jurisdiction of Hill County. William
Henderson further alleged that the three tracts had been located and surveyed,
and recorded in the Robertson Land District on September 23, 1853, on September
24, 1853, and on March 17, 1853, respectively.
He further alleged that the heirs of Christopher Chaney had subsequently
obtained a patent for the same land.
Therefore, he requested that the court void the Chaney patent and order
that a patent be issued to him for the land.
The defendants answered the plaintiff's
petition by explaining that they had properly secured the title to their lands
by virtue of Certificate No. 20 issued by the Land Commissioners of Grimes
County on October 12, 1847. They
countered the plaintiff by asserting that they had perfected their title to the
land in 1848, but that all evidence of their title had been destroyed when the
Grimes County Courthouse burned, whereupon they had petitioned the State
Legislature for relief. On February 13,
1854, the Legislature passed an act empowering the General Land Office to issue
a certificate for one league and labor of land as a duplicate of Certificate
No. 20.[38] The General
Land Office did so on October 25, 1854 and the defendants recorded that
certificate at the Johnson County Courthouse on April 17, 1856.[39] Thus, the
defendants asked the court to find in their favor. The suit dragged on, with both parties accusing the other of
fraud, pretense, and worse. On January
10, 1857, the Court decided to end the controversy with a compromise. Costs were to be split between the
parties. Finally, on March 9, 1858, the
Court ordered that, because the land in controversy was located in Johnson
County, the venue of the case be changed to Johnson County.
The venue was changed to the District
Court of Johnson County where the court ordered that the compromise be
recorded.[40] It was agreed
to divide the land in controversy and compromise on the following terms:
"The Defendant agrees to convey to the Plaintiff
the 1280 acres of land covered & surveyed by Plaintiff with the Sam.
Herring Certificate and also two hundred and eighty four acres...And the
Plaintiff agrees to lift his location on said Chaney survey and to convey to
the heirs of said Chaney land certificate to 1564½ acres and it is agreed that
each party pay half the costs expended this 10th day of January A. D. 1857."
The heirs of Christopher Chaney hired
two men to resurvey and divide their land in Johnson County.[41]
Articles of agreement between the heirs of Christopher
Chaney Decd. We the
said heirs agree to adopt the partition of all the land in Johnson County Texas
made by James E. Patton & John Chitwood & Each heir agrees to accept
the number his name is attached to in the distribution and that this agreement
is to be the report of the said Commissioners & made a part of the report
& distribution & the same to be filed and recorded in the county
clerk's office of Johnson county & the same to operate as a Deed to Each heir to his portion of the said land
in said Commissioner's report. The
following heirs are represented by F. S. Chaney: Ellen W. Stuckey, Martha A. Hill, Mahala Stuckey, Hiram C.
Chaney.
This March 20th A. D. 1868.
Lot 1 in timber containing 155 acres and
Lot 1 in prairie containing 95 acres were drawn for Elizabeth Humphries. Lot 2 in timber containing 65 acres and Lot
2 in prairie containing 177 acres were drawn for Mahala Stuckey. Lot 3 in timber containing 75½ acres and Lot
3 in prairie containing 177 acres were drawn for H. C. Chaney. Lot 4 containing 232 acres was drawn for
Martha A. Hill. Lot 5 containing 208
acres was drawn for F. S. Chaney. Lot 6
containing 208 acres was drawn for Ellen W. Stuckey. Lot 7 containing 173½ acres was drawn for J. W. Cauble. In conformance with the terms of the court
order, Frank S. Chaney and Thomas Humphries and wife Elizabeth of Johnson
County, Eveliza Cauble of Hill County, Martha A. Hill and Ellen W. Stuckey of
Blanco County, and H. C. Chaney and Daniel Stuckey and wife Mahala of Grimes
County, the only living heirs of C. C. Chaney, deceased, sold the rights to a
land certificate to E. M. and O. S. Heath for $100 on June 15, 1869.[42]
Bounty Warrant No. 390 was issued by the
acting Adjutant General of the State of Texas to Christopher Chaney on the 25th
day of February 1848 for 320 acres of land.
On the reverse side of the original certificate the following
handwritten notations appear.
State of Texas
Grimes County
This
is to certify that two hundred fifty eight acres of Land Was located and
surveyed by Virtue of this Certificate on the 20th of July 1848 this 3rd of
August 1848
J. G. W. Rinue
D. S. G. C.
Filed with me the within certificate on the 1st day of
Sept 1858 on a certain piece of land situated in Grimes County State of Texas
on NW corner of Mrs. Anderson League
around George Morrisons Survey. W. L. Franklin C. S. G. C.
However, the patent for that tract in
Grimes County was not perfected.
Instead another tract of land was located in Johnson County on the
waters of Village Creek about seven miles northeast from the town of Buchanan
and surveyed on June 25, 1868.[43] The heirs filed the patent for the land on
January 22, 1870.[44]
On May 7, 1867, Martha Hill and Ellen W.
Stuckey of Blanco County appointed F. S. Chaney their attorney to attend to the
partition of their interests in the lands in Johnson County granted to the
heirs of their deceased father and to sell their interests in a certificate for
320 acres of land.[45] On May 24,
1867, H. C. Chaney and Daniel and Mahala Stuckey of Grimes County also
appointed F. S. Chaney their attorney as well.[46]
On July 2, 1874, Martha A. Hill and
Ellen Stuckey of Lampasas County, Hiram Chaney of Grimes County, Elizabeth
Humphreys of Johnson County, Evelizer Stuckey of Grimes County, the surviving
children of Christopher Chaney of Sabine County deceased and W. S. Bledsoe
executor of Franklin Chaney deceased son of Christopher Chaney appointed Barnes
Parker of Travis County their attorney to recover the headright certificate
issued to their father by the Land Commissioners of Sabine County for 1,280
acres, to locate the said tract, survey it, return the field notes, and have
the patent issued.[47] Elizabeth's
husband, Thomas Humphreys, signed the power of attorney. Certificate No. 44 was issued in Sabine
County on March 7, 1842, to Rebecca Chaney, administratrix of the estate of
Christopher Chaney.[48] The land was
surveyed in Bee County in two parts; one part of 640 acres on December 16, 1874
and the other part of 640 acres on December 17, 1874. Patents were issued for both surveys on October 28, 1876.[49]
On April 21, 1880, E. W. Crozier of
Hamilton County appointed Ellen Cheatham of Lampasas County her attorney to
sell her interest in the C. Chaney survey located 10 miles southwest from
Beeville.[50] On May 26,
1880 Hiram C. Chaney of Grimes County appointed Mrs. Ellen W. Cheatham his
attorney to sell his interest in his father's estate.[51] On October
14, 1880, Mrs. M. A. Edwards of Blanco County appointed Mrs. Ellen Cheatham her
attorney to sell her interest in the Christopher Chaney survey in Bee County.[52] On July 5,
1881, the State of Texas issued a tax deed to John C. Beasley for $9.30 for
taxes due upon 640 acres patented on October 28, 1878 to the heirs of
Christopher Chaney by Certificate No. 44, Abstract 352, Patent 86.[53] On July 28,
1881, Ellen W. Cheatham of Lampasas County for herself and as attorney sold for
$310.85 their 4/7ths interest in the unlocated 640-acre balance of the
1280-acre grant by Headright Certificate No. 44 issued to Rebecca Chaney,
administratrix of Christopher Chaney deceased, to Mrs. L. C. Roundtree.[54] The property
was located on the waters of the Aransas River 9 miles southwest of
Beeville. On April 24, 1880 Daniel
Stuckey and wife Evaliza of Johnson County appointed James P. Cauble of Burnet
County their attorney to sell their interest in the C. C. Chaney tract in Bee
County.[55] James Cauble
as attorney, on August 3, 1881, sold to Lizzie Roundtree an interest in the
640-acre C. C. Chaney tract for $77.72.[56] Finally, on
August 8, 1881, John C. Beasley sold to L. C. Roundtree for $9.70 his interest
in the 640 acres surveyed for Rebecca Chaney.[57]
The foregoing transactions, all of which
took place long after the death of Christopher Chaney, provide significant
genealogical information about his children.
First, the deeds and powers of attorney confirm both the number and
names of his children who lived to adulthood.
Second, the transactions confirm that the widow Rebecca Chaney died
before March 20, 1868, when her heirs hire an attorney. It is interesting to note that Rebecca, as
administratrix of her husband’s estate, neither executed nor sold the headright
certificate. Rather, she kept the
valuable instrument throughout her life.
It remained for her heirs to execute the certificate forty years after
it was issued originally. Third, the
transactions provide the married names of the surviving daughters. Fourth, the transactions pinpoint the
residence of each of the heirs. Fifth,
the latter deeds are the only surviving reference to C. C. Chaney. Was he actually named after Christopher
Columbus?
Conclusion
The foregoing article presents all of
the public and private records that the author has found concerning Christopher
Chaney. The author is indebted to the
staff of many public and private institutions for their patience, cooperation,
and assistance. Special mention is due
the helpful staff at the Virginia State Library and Archives, Virginia County
Courthouses of Russell, Wythe, and Washington, Texas State Archives, Texas
General Land Office, Texas County Courthouses of Bee, Grimes, Hamilton, Hill,
Johnson, and Sabine, and the very kind ladies at the Clayton Library in
Houston. Special thanks go to Julia
Cauble Smith, a friend, cousin, and talented genealogist, who read the draft
and provided valuable advice. The
publication of additional material is anticipated. At present, individual articles on the children are planned and
underway.
*5427 Mission Road, Fairway, Kansas 66205. Member, Texas State Genealogical Society.
The foregoing
article titled Christopher Chaney, Texas
Patriot was published in STIRPES the Texas State Genealogical Society Quarterly, Volume 41,
Number 2, June 2001.
[1]
Court Order Books, Russell County, Virginia, Book 4, Page 135. Russell County Courthouse, Lebanon,
Virginia. (Hereinafter cited as Russell
Orders).
[2]
Personal Property Tax Lists, Russell County, Virginia, 1787-1850. All Virginia tax records at Virginia State
Library and Archives, Richmond, Virginia.
[3]
Personal Property Tax Lists, Wythe County, Virginia, 1793-1850.
[4]
Land Records, Montgomery County, Virginia, Deed Book A, Pages 288, 289,
and 291. Montgomery County Courthouse,
Christiansburg, Virginia.
[5]
Probate Records, Wythe County, Virginia, Will Book 2, Page 88. Wythe County Courthouse, Wytheville,
Virginia.
[6]
Distribution of Personal Estates, Register of Wills, Anne Arundel
County, Maryland, 1788-1838, Liber JG No.1, Folio 40. Maryland State Archives, Annapolis, Maryland.
[7]
Minutes of the County Court, Wythe County, Virginia, September 13,
1798. Virginia State Library and
Archives, Richmond, Virginia.
[8]
Land Records, Russell County, Virginia, Deed Book 6, Page 153. Russell County Courthouse, Lebanon,
Virginia. (Hereinafter cited as Russell
Deeds).
[9]
Russell Deeds, Book 4, Page 15.
[10] Personal
Property Tax Lists, Russell County, Virginia, 1787-1850.
[11]
Russell Orders, Book 5, Page 437.
[12]
Russell Deeds, Book 6, Page 242.
[13]
1820 Census, Washington County, Virginia, Page 202. All Virginia census records at Virginia
State Library and Archives, Richmond, Virginia.
[14]
Russell Deeds, Book 6, Page 301.
[15]
Russell Orders, Book 7, Page 83.
[16]
Land Records, Washington County, Virginia, Deed Book 7, Page 272. Washington County Courthouse, Abingdon,
Virginia. (Hereinafter cited as
Washington Deeds).
[17]
Washington Deeds, Book 7, Page 412.
[18]
Land Tax Books, Washington County, Virginia.
[19]
Washington Deeds, Book 8, Page 438.
[20]
Washington Deeds, Book 9, Page 529.
[21]
Washington Deeds, Book 11, Page 361.
[22]
1830 Census, Washington County, Virginia, Page 237.
[23]
Washington Deeds, Book 11, Page 484.
[24]
Washington Deeds, Book 12, Page 189.
[25]
Washington Deeds, Book 12, Page 187.
[26]
Washington Deeds, Book 12, Page 196.
[27]
Texas Land Grant Records, Bounty Certificate No. 390, File No.
Robertson-B-1020. Archives and Records
Division, Texas General Land Office, Austin, Texas. (Hereinafter cited as Texas Land Grants.)
[28]
Land Records, Sabine County, Texas, Deed Book A, Page 52. Sabine County Courthouse, Hemphill,
Texas. (Hereinafter cited as Sabine Deeds).
[29]
Sabine Deeds, Book B, Page 463.
[30]
Real and Personal Property Tax Rolls, Sabine County, Texas, 1837-1910. All Texas real and personal property tax
rolls at Archives Division, Texas State Library, Austin, Texas.
[31]
1850 Census, Population Schedules, Grimes County, Texas, Page 771. All Texas census records at Archives
Division, Texas State Library, Austin, Texas.
[32]
1860 Census, Population Schedules, Grimes County, Texas, Page 110.
[33]
Texas Land Grants, File No. San Patricio-2-146½.
[34]
Texas Land Grants, File No. Robertson-1-478½; Milam-1-1424.
[35]
Land Records, Hamilton County, Texas, Deed Book F, Page 237. Hamilton County Courthouse, Hamilton,
Texas. (Hereinafter cited as Hamilton
Deeds.)
[36]
Hamilton Deeds, Book F, Page 238.
[37]
District Court Records, Hill County, Texas. Hill County Courthouse, Hillsboro, Texas.
[38]
Special Laws of the State of Texas, passed by the Fifth Legislature,
Convened November 7, 1853, Chapter LXXXIV, Page 137. Archives Division, Texas State Library, Austin, Texas.
[39]
Land Records, Johnson County, Texas, Deed Book B, Page 228. Johnson County Courthouse, Cleburne, Texas. (Hereinafter cited as Johnson Deeds.)
[40]
Johnson Deeds, Book A, Page 117.
[41]
Johnson Deeds, Book F, Page 526.
[42]
Johnson Deeds, Book F, Page 538.
[43] Texas
Land Grant Records, Field Survey Notes, File No. Robertson-B-1020.
[44]
Johnson Deeds, Book G, Page 30.
[45]
Johnson Deeds, Book F, Page 148.
[46]
Johnson Deeds, Book F, Page 146.
[47]
Land Records, Bee County, Texas, Deed Book C, Page 260. Bee County Courthouse, Beeville, Texas. (Hereinafter cited as Bee Deeds.)
[48]
Land Grant Records, File No. San Patricio-2-146½.
[49]
Land Patent Records, Volume 9, Patents 85 and 86.
[50]
Bee Deeds, Book H, Page 208.
[51]
Bee Deeds, Book H, Page 210.
[52]
Bee Deeds, Book H, Page 209.
[53]
Bee Deeds, Book H, Page 226.
[54]
Bee Deeds, Book H, Page 211.
[55]
Bee Deeds, Book H, Page 224.
[56]
Bee Deeds, Book H, Page 225.
[57]
Bee Deeds, Book H, Page 226.