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198. Benjamin STOCKTON1,44,145,393 was born in 1776 in Rowan County, North Carolina.44 He died on 7 May 1849 at the age of 73 in Jackson County, Georgia.

Benjamin was the only son per the Will of David Stockton.

Benjamin married Elizabeth Smith probably in South Carolina. He left her and married the widow Sarah Williams Hall in Jackson Co GA about 1810.

http://www.geocities.com/houghtonnance/gp580.htm#head1 [29 Jan 2007]
Gave date of death with no additional information

1800 Census. Union District, SC. 2m under 10, 1m 16-26. 1f 16-26, 1f 26-45. Benjamin & Elizabeth were both about 25; David 2, Douglas, an infant. The older lady is likely Benjamin's widowed mother.

1808 and 1810, Benjamin Stockton was on tax lists in Franklin Co GA.

Oct 1815. Giles Co, TN. Elizabeth petitioned for a divorce. Benjamin failed to appear and notice was to be printed in the town of Columbia for four weeks, that appear at the next court.
12 Apr 1816. Divorce granted for willful and malicious desertion and absence without reasonable cause for two years and upward. The court appointed three men to divide and lay off all property in possession of Elizabeth which had belonged to Benjamin.
An inventory was taken 22 Aug 1816 and present in Giles Co Court in 1816. Elizabeth was awarded the Negro Daniel, a black mare, cattle, hogs, bed & furniture, cooking utensils and dishes, a flax wheel, a "plough" and other garden tools, 3 axes, 5 books, 2 water pails and a tub.

1820 & 1830 Census. Benjamin Stockton was in Jackson Co, GA. In 1840, both Benjamin and Benjamin Jr. were counted in Jackson Co.

Benjamin Stockton's will was dated 16 Mar 1846, Jackson Co GA. He bequeathed $1 to his first wife Elizabeth and $1 to each of her children and $1 to Eliza Gile [the remarried widow of son Benjamin F.]. His property was to be divided among his wife Sarah and their living children.

The Will of Benjamin Stockton was probated in Jackson Co, Georgia April 9th, 1849, Pages # 316, # 317, also in the Wills and Abstracts Book on page # 142, Book A & B, 1800-1888 Jackson County, Georgia,
Burial Place, Believed to be Oconee Baptist Church Cemetery, Jackson Co., GA. There is not a marker for him or his wife there, but in the same area that his son James M. Stockton is buried are several unmarked graves, they are believe to be one of these. Age: 74 years
Occupation: Farmer
Benjamin owned a large Plantation in Jackson Co., GA consisting of a thousand or more acres of land. The Plantation was located on what is called the Plainview Road, leaving Dry Pond, Jackson County, Georgia, on Plainview Road it's the first valley you come to. His Plantation House was believed to be on top of the hill after crossing the valley creek. Note: It's believed That Benjamin Stockton was married to both wive's at the same time, without getting a divorce from the first one. He was married to Elizabeth Smith in Tennessee, Left her and children in Tennessee, Came to Jackson Co., GA where he married to Sarah Williams Hall. There were 3 more children born to the wife in Tennessee after he married Sarah Williams Hall in Jackson Co., GA


The marriage to Sarah Williams was obviously a bigamous marriage as Benjamin and Elizabeth had two more daughters, Margaret and Lucinda, and a son Vines Smith, who was born 1813 or 1814. Elizabeth evidently discovered Benjamin's duplicity and moved to or remained in Giles County, Tennessee, as did her mother-in-law Margaret (Haden) Stockton.
In October 1815 in Giles County, Tennessee, Elizabeth petitioned Benjamin for divorce. Benjamin failed to appear in court, and the notice given for him to appear at the next session was printed in the town of Columbia for four (4) weeks. Divorce was granted 12 April 1816 for willful and malicious desertion and absence without any reasonable cause for the space of two years and upwards...and the court appointed three men to divide and lay off all such property now in possession and occupation of Elizabeth which belongs to Benjamin, with Micajah Ezell to pay cost incurred. An inventory taken 22 August 1816 was presented in Giles County court October 1816 and Elizabeth was awarded a Negro Daniel, a black mare, 13 head of cattle, 16 head of hogs, a bed and furniture, 1 large kettle, 1 pot, 1 dutch oven, 1 puter (Pewter) dish, 3 puter basins, 1 tin pan, 1/2 dozen tin cups, 5 knives & 4 forks, 1/2 dozen cups and saucers, 1 flax wheel, 1 plough & gen ?, 3 weeding hoes, 3 axes, 1 pair cotton cords, 1 grid iron, 5 books, 2 water pails, and 1 tub.

Margaret Haden Stockton was very ill when she wrote her will, 12 September 1818 Giles County, Tennessee in which she gave her son Benjamin "five shillings if ever applied for" with her personal property evenly divided among the seven children of Elizabeth Stockton. She obviously refused to recognize her grandchildren by her son's second marriage.

Benjamin STOCKTON and Elizabeth SMITH were married circa 1797. Elizabeth SMITH145 was born circa 1775 in Henry County, Virginia. She died after 1847 at the age of 72.

Oct 1815. Giles Co, TN. Elizabeth petitioned for a divorce. Benjamin failed to appear and notice was to be printed in the town of Columbia for four weeks, that appear at the next court.
12 Apr 1816. Divorce granted for willful and malicious desertion and absence without reasonable cause for two years and upward. The court appointed three men to divide and lay off all property in possession of Elizabeth which had belonged to Benjamin.
An inventory was taken 22 Aug 1816 and present in Giles Co Court in 1816. Elizabeth was awarded the Negro Daniel, a black mare, cattle, hogs, bed & furniture, cooking utensils and dishes, a flax wheel, a "plough" and other garden tools, 3 axes, 5 books, 2 water pails and a tub.

1820 Census. Lawrence Co, TN: Elizabeth Stockton. 1m under 10 [Vines], 1m 16-18 [Josiah], 1m 16-26 [William]. 1f under 10 [Lucinda], 1f 10-16 [Margaret], 1f 26-45 [Elizabeth].
Son Douglas and his young wife were also in Lawrence County, along with their first son and another male, listed the same age as Douglas (16-26)
David was living in Giles Co with his wife and young son.

1830 Census. Lawrence Co. Both Elizabeth and son D. H. Stockton were still in Lawrence Co.

Elizabeth was the daughter of Elizabeth Vines Smith and William Smith. William Smith's Clarke Co, GA will, dated 28 Jun 1831 and probated 26 Jan 1836, left a bequest to daughter Elizabeth "Stogen" not to be subject to the control of her husband. No wife was mentioned, so she was likely already deceased.

1840. Elizabeth Stockton was living near her son William in Shelby Co, TN. There were there younger men and a young lady in her household - possibly some of her children & grandchildren. Son Douglas had died, but his wife Emily was still in Lawrence Co living near Josiah Smith Stockton.

A power of attorney from Elizabeth Stockton to her son Vines Smith Stockton is recorded in Lawrence Co TN, 1847. Some of stated she died as much as 10 years earlier - others have said she died after moving to Hopkins Co, TX with her son. Josiah Smith Stockton had children born in Missouri in 1849, moving to Texas about 1851 - no record of Elizabeth's death as been found and she doesn't appear in the 1850 or 1860 census.

Benjamin STOCKTON and Elizabeth SMITH had the following children:

655

i.

David STOCKTON was born circa 1798 in South Carolina.

+656

ii.

Douglas Hayden STOCKTON.

657

iii.

William STOCKTON was born in 1802 in Tennessee. He died after 1860 at the age of 58 in Hopkins County, Texas.

William married Minerva "Rena" O'Neal. He lived in Mississippi before joining his brother Josiah in Hopkins Co, TX.

658

iv.

Josiah Smith STOCKTON was born in 1805 in Georgia.

Married 6 Jul 1830, Lawrence co TN to Elizabeth Welch.

659

v.

Margaret STOCKTON was born circa 1806.

660

vi.

Lucinda STOCKTON was born circa 1810.

661

vii.

Vines Smth STOCKTON was born circa 1813. He died circa 1863 at the age of 50.

Vines married Margaret Bradley.

He was reported in a hospital in Jackson, MS in Apr 1863 - he died soon after.

Benjamin STOCKTON and Sarah WILLIAMS were married on 28 June 1810 in Jackson County, Georgia. Sarah WILLIAMS145 was born in 1781. She died in 1861 at the age of 80.

Sarah Williams was the widow Hall - she brought a son William Hall to the marriage.

Her estate was probated, 2 Jul 1861 in Campbell Co, GA.

Benjamin STOCKTON and Sarah WILLIAMS had the following children:

662

i.

Elizabeth STOCKTON was born on 27 January 1808 in Jackson County, Georgia. She died on 13 July 1887 at the age of 79 in Cobb County, Georgia.

Married 28 Dec 1823, to Joseph Blair (1801-1871) son of George Blair from Ireland, and Elizabeth Yarbrough.

663

ii.

Benjamin F. STOCKTON was born in 1812 in Jackson County, Georgia. He died before November 1841 at the age of 29 in Jackson County, Georgia.

Married 14 Dec 1837 to Eliza Yarbrough. After Benjamin's death she married 10 Nov 1841 to William Gile, Jackson Co GA.

664

iii.

James M. STOCKTON was born in 1814 in Jackson County, Georgia. He died in 1883 at the age of 69.

Married 31 Oct 1847 to Elizabeth Adeline Miller.

665

iv.

Martha Ann STOCKTON was born on 16 June 1815 in Jackson County, Georgia. She died after September 1855 at the age of 40.

Martha married Thomas Jefferson Kidd, 21 Feb 1833, Jackson Co GA. He was born 1810, Oglethorpe Co GA, died 3 Jul 1863 at Gettysburg. He was the son of John Kidd and Rachel Smith and had married 2nd to Millie Ann Hamey.

666

v.

Margaret STOCKTON was born in 1817 in Jackson County, Georgia.

Margaret married James Gilmore, 22 Jan 1835

667

vi.

Sarah McDuffie STOCKTON was born in 1818.

Sarah married (1) John Martin, 9 Aug 1833 and (2) James Reid.

668

vii.

Thursa Ann STOCKTON was born on 22 November 1821 in Jackson County, Georgia. He/she died on 8 August 1896 at the age of 74.

Thursa married 11 Sep 1849 to Nathaniel S. Lipscomb (1828-1914). Her mother lived with her after Benjamin's death; they moved to Campbell Co.