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Seventh Generation


31. Daniel AVERY Jr.32 was born on 30 June 1797 in New York.8,33 He died on 16 October 1851 at the age of 54 in Schuyler County, Illinois.8 He was buried in Lynn Cemetery, Schuyler County, Illinois.

Daniel married Margaret Adams on 4 Jan 1821 in Franklin Co, OH; A. Allen officiated. There are said to be nine known children but most did not reach adulthood. Children listed as deceased in a county history book article about son Philander were Matilda, Rebecca, Nancy, Sarah Carter, Elizabeth J. and Zavin.

A post on FindAGrave.com has very much wrong about this family. The information is supposedly taken from the Biography of Philander Avery, but they got the name wrong for his father. Margaret Adams Avery is shown with a husband David instead of Daniel Avery Jr. Another error is that they are both shown as having died in 1863, Margaret two months after her husband. Court records in Schuyler Co show both deceased by early 1852. I have since taken over management and corrected this post. They are said to buried either Greenlief or Pickle Cemeteries. Instead Daniel is buried in the Lynn Cemetery and a picture of his marker is on line. The date on the stone is 16 Oct 1851, died aged 54 y 3m 16d - which figures to a birth of 30 Jun 1797,

Daniel was a High Priest and a Church Ordinances Elder in the Morman Church at Nauvoo. While living some distance from Nauvoo at Warsaw, one Levi Williams kidnapped Daniel and his son Philander and took them across the Mississippi to Missouri where they were kept prisoners in Clark Co. accused of horse stealing. Philander escaped; his father was eventually released by a writ of habeas corpus, though Daniel made testimony in Nauvoo concerning the cruelty suffered at the hands of his captors.

http://www.strangite.org/Famous.htm
Daniel Avery is listed on this webpage as one of 150 people who lived close to Joseph Smith:
Daniel Avery
Persecuted by mob in Missouri, 1838. Ordained president of the quorum of elders, Iowa, 1840. Recommended by Brigham Young, Heber C. Kimball, and Willard Woodruff, 1842. Kidnaped in Illinois and taken to Missouri during persecution, 1843. Defended by Joseph Smith, 1843. On Voree high council, 1846-1848, with high council meetings held at his house.

Here is additional information about Daniel, as well as the kidnapping in 1843.
Times and Seasons was a 19th-century Latter Day Saint periodical published monthly or twice-monthly at Nauvoo, Illinois, from November 1839 to February 15, 1846.
Times and Seasons, 15 Jun 1843, At a special Conference of the church of Jesus Christ of Latter Day Saints, held at the grove, near the Temple on the 3rd and 5th of July, 1843, it was decided that the following elders go on a special mission to the following counties in the State of Illinois.  ...  Daniel Avery, Schuyler.  [Signed] Brigham Young, President.
Times and Seasons, 1 Nov 1843,  City of Nauvoo, Wednesday, November 1, 1843.  Kidnapping.  Missouri has been playing one of her old pranks again, and not content with stealing hundred of thousands of dollars worth of property belonging to the saints, has been engaged again in stealing human beings.  Two of our brethren, Daniel and Philander Avery, father and son, were decoyed into the neighborhood of Warsaw, about the 4th of December, and by a gang of desperadoes were forcibly taken across the Mississippi river into Missouri.  Daniel Avery was taken by nine men, three of whom were Missourians, and six inhabitants of the state of Illinois.  The ruffians were armed, and having forcibly seized Daniel Avery the father, put him on a horse, and tied his feet underneath.  Information was received at Nauvoo, relative to this affair, by Mr. Sission Chase who made affidavit before a magistrate relative to the affair, and a constable was immediately dispatched after a person by the name of John Elliot, one of the villains, who is a schoolmaster, and resides four and a half miles below Warsaw.  Mr. Elliot was brought up to Nauvoo, was tried before Aaron Johnson, justice of the peace, proven guilty and committed to the Carthage jail, to wait his trial at the county court.  In the examination, facts were developed implicating others, who will in their own due time be brought to punishment.  Testimony has since been received, which shows that a clan of those villains are associated with the Missoruians to assist in killing or kidnapping Joseph Smith and others.  Since their names and whereabouts have been ascertained, some of them we are informed have fled whilst officers are in pursuit of others.  Col Williams, we are informed is one of the parties engaged in this very honorable transation.  To cap the climax, and put on the top-stone, we are really informed that this pack of rengadoes were taking these men for some alleged crime, committed some three or four years ago, and being such great sticklers for law and justice, came without process, decoyed and stole--not negroes, but free American citizens, for fear they could not get justice. 
 

1830 Census. Perry, Franklin Co, Ohio
Daniel Avery Jr:
1m -5, 1m 5-10, 1m 30-40. 1f -5, 1f 5-10, 1f 20-30
His father and older brother Stephen were also in Franklin Co.

Daniel was in Schuyler Co by January of 1834:
Schuyler Co IL DB E, p.234
24 Dec 1836 Daniel Avery and his wife Margaret sold for $190 to Thomas W. Scott, the whole of lots 5 and 6 on the plat of Section 16, T1N, R3W, and the entire West half of the NE Quarter of Section 16 - the same as sold to Daniel Avery at Public Sale on 13 Jan 1834.
Signed: Daniel Avery, Margaret (X) Avery.
Deed acknowledge and dower released on the same day.

Land purchases in 1835 in Schuyler Co IL
Avery, Daniel Junior
NENE 01 01N 03W 4 10/17/1835 SCHUYLER 40 acres, $1.25 per acre, $50
W2NW 06 01N 02W 4 10/17/1835 SCHUYLER 71.01 acres, $1.25 per acres, paid $88.76

Schuyler Co IL DB E, p. 468
15 Apr 1837 Daniel Avery and wife Margaret sold to Morris Swan for $350, the West 1/2 of the NW 1/4 of Section 6, T1N, R2W.
Signed: Daniel Avery, Jr., Margaret Avery
Acknowledged and dower released on the same day. Recorded.

Schuyler Co IL DB E, p.482
15 Apr 1837 Daniel Avery and wife Margaret sold to Daniel Avery Sr and Chancy Avery for $150 the NE 1/4 of the NE Quarter, Section 1, T1N, R3W.
Signed: Daniel Avery Jr, Margaret Avery.
Acknowledged and dower released on the same day.

In the 1850 Schuyler Co Census is Daniel Avery, age 53, born in NY; Margaret age 48, Charles G. age 12 [born 9 Sep 1837], and Margaret J. age 5 [born 4 Sep 1845], both born in IL. Older brother Philander became the Guardian of Charles & Margaret on 4 Feb 1855 after both their mother and father had died. Young Margaret died the following year in Schuyler Co.

James L. Anderson was appointed Administrator of the estates of both Daniel & Margaret. Daniel on 22 Oct 1851 and Margaret on 22 Dec 1852.

An Index on the Schuyler Co USGenWeb webpage of Wills and Estates, apparently from a book compiled by Edna Gorsage Renner. I believe the number is the page on which the record appears in county will book.
97. Oct 22, 1851 Estate Daniel AVERY. James L. ANDERSON, Admr
124. Dec 22, 1852 Estate Margaret AVERY. James ANDERSON, Admr.
372. Feb 5, 1855 Charles G. AVERY, age 17 on Sept 9, last; Margaret J. AVERY, age 9 on Sept 4, last, minor heirs of Daniel AVERY, deceased. Philander AVERY, guardian

From World Vital Records, LDS Databases:

Membership of The Church of Jesus Christ of Latter-day Saints 1830-1848
Name: Avery, Daniel (Source: Nauvoo Temple Endowment Register 1845-46 History Of The Church. Smith, Joseph LDS Missouri Petitions of 1830's. Johnson, Clark A Comprehensive History of the Church. Roberts, B. H.
Volume: 2 Page: 218, 198 Temple Index Bureau (TIB)
Nauvoo: Early Mormon...Series, 1839-1846. Platt, Lyman. 1980 Far West Record. Cannon, Donald. 1983
Page: 188, 196, 246 Illinois, Nauvoo, Property Transactions Early Church File ) Gender: Male (Source: Nauvoo Temple Endowment Register 1845-46 History Of The Church. Smith, Joseph LDS Missouri Petitions of 1830's. Johnson, Clark A Comprehensive History of the Church. Roberts, B. H.
Volume: 2 Page: 218, 198 Temple Index Bureau (TIB)
Nauvoo: Early Mormon...Series, 1839-1846. Platt, Lyman. 1980 Far West Record. Cannon, Donald. 1983
Page: 188, 196, 246 Illinois, Nauvoo, Property Transactions Early Church File) Birth Date: 1 Jul 1798 (Source: Nauvoo Temple Endowment Register 1845-46) Birth Place: Owsego, , NY, USA (Source: Temple Index Bureau (TIB))
Father: Avery, Daniel
Mother: (Avery), Sally
Spouse: Adams, Margaret
Children: History of the Church. Smith, Joseph Child-
Number: 1 Avery, Philander
Date: 1822 <PS:"CHILDREN Data?
Name: Birthdate: Place: <PS:"CHILDREN Data?1. Avery, Philander 1822 Church Ordinance Data: Ordained Elder Early Church File Ordained High Priest Early Church File Patriarchal Blessing Early Church File
Date: July 8, 1845
Temple Ordinance Data: Baptism Temple Index Bureau (TIB)
Date: August 29, 1967 Temple: Salt Lake City, Salt Lake Co., Utah Endowment Nauvoo Temple Endowment Register 1845-46
Date: January 17, 1846 Temple: Nauvoo, Hancock County, Illinois
Vocations: Carpenter History Of The Church. Smith, Joseph
Comments: Daniel received his Patriarchal Blessing and was told he was from the line of Judah. Daniel was ordained President of the Elder's Quorum at Montrose, Iowa. Daniel was appointed a carpenter on the Nauvoo Temple. Daniel was volunteered for exploring. History Of The Church. Smith, Joseph Daniel was kidnapped by Missourians, Levi Williams and John Elliot, and carried off to Missouri on the charge of horse stealing. His son escaped and he was held for two weeks and was treated harshly. He also escaped the prison in Missouri. History Of The Church. Smith, Joseph Far West Record. Cannon, Donald. 1983 He was listed on the Nauvoo Membership List. Daniel's mission was to disabuse public mind over thearrest of Joseph Smith. History Of The Church. Smith, Joseph Daniel prefered a charge against Lyman Wight on 24 May 1838.
The database is comprised of a 50-volume list created by Susan Black about people who were members of The Church of Jesus Christ of Latter-day Saints from 1830 to 1848 and who lived in the United States, Canada or Great Britain. The database was compiled using more than 300 primary and secondary sources on early Latter-day Saints, but it does not necessarily include every member of the Church who lived during the time period.


Property Transactions in Nauvoo, Hancock County, Illinois, and Surrounding Communities, 1839-1859
Name: Avery, Daniel Jr.
Birth Date: 1 July 1798
Birth Place: Oswego County, New York
Father: Avery, Daniel
Mother: Sargent, Sarah (Sally) Alice Dean
Spouse: Adams, Margaret
Marriage Date: about 1820
Comments: Daniel was endowed on 17 January 1846 in the Nauvoo Temple. He worked in the Nauvoo Temple carpenter shop. He and his son Philander were kidnaped by Levi Williams of Warsaw, Illinois. He is described as being "5 feet 11 inches tall, a stout athletic man with dark complection, dark skin, dark eyes, heavy beard, hair partially gray, nose of acquiline form, slow spoken, farmer, and a resident of Nauvoo." He was 44 years of age at the time of this description on 16 June 1842. He was rejected for membership in the Masonic Lodge in Nauvoo. He served a mission to disabuse the public mind over the arrest of Joseph Smith.
Source: United States Federal Census, 1840, p. 200; Hancock County Taxes, 1842, p. 231; Masonic Proceedings, p. 38; Nauvoo House Ledger, Book A, p. 148; Nauvoo House Ledger, Book B, p. 148; Temple Carpenter Shop Account Book, pp. 30, 33, 41, 50; Temple Commitee Ledger, Book A, p. 175; Temple Commitee Ledger, Book B, pp. 224, 342; Temple Commitee Ledger, Book C, pp. 117, 118, 122; Temple Commitee Ledger, Book D, p. 7; Nauvoo Place Book, p. 53; Nauvoo Carpenter Time Book, Book C; Rowena Miller Files, Lands and Records Office, Nauvoo Restoration, Inc.; Black, Membership of the Church of Jesus Christ of Latter-day Saints, 1830-1848, 2:843-44; Black and Black, Annotated Record of Baptisms for the Dead, 1840-1845, Nauvoo, Hancock, Illinois, 1:178-79.

Grantor: James Pace and Lucinda G., wife
Residence: Hancock County, Illinois
Grantee: Daniel Avery
Residence: Hancock County, Illinois
Transaction Date: 7 June 1843
Considerations: $125.00
Town Parcel: Lot #53, Block #4, Kimball Plat, Town of Nauvoo
Legal Description: Commence 268 links South from Northeast corner said Lot; South 270 3/4 links; West 143 1/4 links; North 270 3/4 links; East 144 links to beginning.
Witness: Levi Stewart
Acknowledged: Ebenezer Robinson, Justice of the Peace, Hancock County, Illinois
Source: Nauvoo Municipal Court, book B page #15 entry #233 (31 October 1843)

Grantor:Daniel Avery and Margaret, wife
Residence: Hancock County, Illinois
Grantee: Maryannas Swymler
Residence: Hancock County, Illinois
Transaction Date: 7 August 1843
Considerations: $20.00
Town Parcel: Lot #53, Block #4, Kimball Plat, Town of Nauvoo
Legal Description: Commence Northeast corner of Miss Maryannas Swimler Lot; East 10 feet; South 100 feet; West 10 feet; North 100 feet to beginning.
Acknowledged: 3 September 1843, Robert D. Foster, Justice of the Peace, Hancock County, Illinois
Source: Hancock County Deeds, book R page #169-70 entry #9535 (16 January 1847)

Grantor:Levi Steward (Stewart) and Melinda, wife
Residence: Hancock County, Illinois
Grantee: Daniel Avery
Residence: Hancock County, Illinois
Transaction Date: 21 October 1843
Considerations: $40.00
Town Parcel: Lot #25, Block #6, Kimball Plat, Town of Nauvoo
Legal Description: Commence 249 1/3 feet North from Southwest corner of North/2 Lot 25; thence North to center Kimball Street; East to Center Warsaw Street; South 74 feet 9 inches; West 79 feet 3 inches; North to center Kimball Street.
Witness: William R. Helm
Acknowledged: Orson Spencer, Alderman, Nauvoo, Hancock, Illinois
Source: Nauvoo Municipal Court, book B page #16 entry #234 (31 October 1843)

Grantor:Garret C. Ivins
Residence: Hancock County, Illinois
Grantee: Daniel Avery
Residence: Hancock County, Illinois
Transaction Date: 18 June 1844
Considerations: $100.00
Town Parcel: Lot #2, Block #1, Hibbard Plat, Town of Nauvoo
Acknowledged: 3 July 1844, Isaac Higbee, Justice of the Peace, Hancock County, Illinois
Source: Hancock County Deeds, book Q page #126-27 entry #8809 (11 July 1846)

Grantor:David Lewis
Residence: Hancock County, Illinois
Grantee: Daniel Avery
Residence: Hancock County, Illinois
Transaction Date: 1 February 1846
Considerations: $300.00
Town Parcel: Part of fractional Lot #3, Block #2, Wells Plat, Town of Nauvoo
Legal Description: Commence Southwest corner said Lot; East 4 1/2 Rods; North 9 Rods; West 4 1/2 Rods; South 9 Rods to beginning.
Acknowledged: 9 February 1846, Isaac Higbee, Justice of the Peace, Hancock County, Illinois
Source: Hancock County Deeds, book P page #395 entry #8429 (1 June 1846)

Grantor:Daniel Avery and Margaret, wife
Residence: Hancock County, Illinois
Grantee: James White
Residence: Schuyler County, Illinois
Transaction Date: 30 May 1846
Considerations: $300.00
Town Parcel: Part of fractional Lot #3, Block #2, Wells Plat, Town of Nauvoo
Legal Description: Beginning Southwest corner said Lot; East 4 1/2 Rods; North 9 Rods to North line said Lot; West 4 1/2 Rods; South to beginning.
Acknowledged: 30 May 1846, Daniel H. Wells, Justice of the Peace, Hancock County, Illinois
Source: Hancock County Deeds, book P page #396 entry #8430 (1 June 1846)

Grantor:Daniel Avery and Margaret, wife
Residence: Hancock County, Illinois
Grantee: Hiram Penoyer
Residence: St. Clair, St. Clair, Illinois
Transaction Date: 10 June 1846
Considerations: $62.75
Town Parcel: Lot #2, Block #1, Hibbard Plat, Town of Nauvoo
Acknowledged: 10 June 1846, Isaac Higbee, Justice of the Peace, Hancock County, Illinois
Source: Hancock County Deeds, book Q page #127-28 entry #8810 (11 July 1846)

Daniel AVERY Jr. and Margaret ADAMS were married on 4 January 1821 in Franklin County, Ohio. Margaret ADAMS was born on 26 August 1802 in Pennsylvania. She died on 18 December 1851 at the age of 49 in Schuyler County, Illinois.

An Index on the Schuyler Co USGenWeb webpage of Wills and Estates, apparently from a book compiled by Edna Gorsage Renner. I believe the number is the page on which the record appears in county will book
124. Dec 22, 1852 Estate, Margaret AVERY. James ANDERSON. Admr

A page on FindAGrave, suggests she died in 1856, but that seems to be an error. The same page says that Margaret Adams was born 26 Aug 1802 in Luzerne Co, PA.

Wife of Daniel Avery, Jr. Joined the LDS Church around 1835--baptized by Solomon Wixom. She was a member of the Nauvoo, Illinois, Relief Society of the LDS Church. When Brigham Young began to lead the LDS Church, Margaret instead chose to follow the leadership of James Strang, who was gathering followers in Voree, Wisconsin. She resided in Wisconsin at least from 1846-1848. However, by 1850, the family was living back in Schuyler County, Illinois. CHILDREN: Matilda; Philander; Rebecca; Nancy; Sarah Carter; Elizabeth J.; Charles [Resided: Industry, IL circa 1892]; and Zavin; there seems to have been a tenth child, but the name is unknown at this time. Nota bene: burial with her husband, in this cemetery [Greenlief/Pickle Cemetery in Schuyler Co] is presumed. 

A list of the women of the Female Relief Society of Nauvoo, , 17 Mar 1842 - 16 Mar 1844 compiled by Maurine Carr Ward, who noted that all of the sources used were secondary and contain errors.
Margaret Avery, 9 Jun 1842; Margaret Adams; b. 26 Aug 1802, Pennsylvania; parents James and Matilda Adams; m. about 1820 to Daniel Avery
p. 87, Mormon Historical Studies
http://mormonhistoricsitesfoundation.org/publications/studies_fall2002/MHS3.2Fall2002WomenNauvooRS.pdf

When I requested the probate papers of William Avery [brother of Daniel Jr] and his wife Margaret, nee Pickle, from the Schuyler Co IL Court Clerk, I also received the papers for this Margaret Avery, wife of Daniel Jr.

22 Dec 1851. James L. Anderson signed that he would serve as Administrator to the estate of Margaret Avery. A debt on the same page - presumably that of Anderson's:
"For furnished hay for hoss and cows and sheep and shucing [shucking] corn and for Cleaning up after Sickness. $10.00."
On the same day Zavin Adams, stated Margaret Avery departed this life on 18 Dec 1851, intestate. [Zavin quite possibly her brother.]
Other debts of the estate included:
W. J. Bruce at Camden, Schuyler Co $2 each for visits and medicine on 16 and 17 December, 1851, for a total of $4
E. H. O. Seeley, 18 Dec 1851, Walnut Coffin for Deceased $7.00.
The security bond was for $500, William Edger signed with Anderson as security.
The 1850 Census lists James L. Anderson and family, living in Rushville, Schuyler Co - his occupation listed as "Magistrate". Philander was then living in Knox Co. and Charles and Margaret were underage. Anderson had already taken over the duty of administration of the estate of Daniel.

Since Margaret died two months following her husband - I suspect the property valued and sold was that they had owned jointly.
12 Jan 1852. Appraisal by L. G. Lyon, Zavan Adams, Allexander Hawkins. Her personal property included the usual household items, a wagon, a lot of corn, a horse harness, 8 sheep, 2 cows & a calf, 1 colt, 1 horse, 1 hog, hay, etc. The total value was $238.64.

On 15 Jan 1852, the Sale of the deceased was held signed by Edwin M. Anderson, Clerk [probably the young son of James], and another person whose name is difficult to read - Ara Gorden Crum/Green perhaps... Total amount from the sale was $229.15 - very close to the appraised value. Buyers at the well attended sale included: Philander Avery [a son], A. Hawkins, Philo Avery [nephew], C. W. Morell [father-in-law of a niece], Thomas Jennings, Z. Adams [possibly Margarent's brother - bought several items of furniture], John Weightman, Owen Waters, R. Brooks, W. Avery [probable brother-in-law; he bought the calf], P. Peler, Leuis Carter [possible son-in-law married to daughter Sarah], C. Avery [possibly son Charles - he bought the colt], A. Eastes, Luke Owens [neighbor in 1850 census], James L. Anderson [Aministrator - bought the bees], J. F. Connor, John Hedrick, C. Lander, L. Dickson, B. Black [father-in-law of nephew William C. Avery], W. Cox, C. Sanders, B. West [Benjamin West - brother of law of Daniel Avery Jr.]

3 Mar 1852. James L. Anderson, administrator of the estate of Margaret Avery, deceased, presented the Inventory, rights and credits belonging to her estate. He states that is a note on Philander Avery due Nov of 1852 for $50.00 and describes it as "Good".


Daniel AVERY Jr. and Margaret ADAMS had the following children:

+48

i.

Philander AVERY.

+49

ii.

Sarah Ann "Sallie" AVERY.

+50

iii.

Charles G. AVERY.

51

iv.

Margaret J. AVERY was born on 4 September 1845 in Illinois. She died in 1856 at the age of 11 in Illinois.