Seventh Generation

147. Randolph "Dolph" COMSTOCK^{108,114,144,163,164} was born on 11 December 1865 in Lamar County, Texas.^100,120,165 He died on 27 January 1924 at the age of 58 in Uniontown, Crawford County, Arkansas.¹⁵⁷

From VAN BUREN PRESS, Aug 5, 1882:
The Normal [Teacher's] Institute for the 12th Judicial district met at the Presbyterian Curch in Van Buren on the 2 of Aug. Attendees included Dolph Comstock, Uniontown. [He was 17.]

OBITUARIES, DEATH NOTICES AND NEWS ITEMS EXTRACTED FROM THE VAN BUREN ARGUS, Vol. 2, Fran Alverson Warren, 2001; p.6
30 Jan 1889 Mr. R. Comstock returned last Saturday from Rocky Comfort, Missouri, where he has been for the past six months. [Probably staying with his grandmother Rebeckah Brown]
20 Feb 1889 Mrs. Brown, the grandmother of R. Comstock, and Miss Fannie Davidson, his cousin, came home with that gentleman and remained a few days visiting their relatives.

1890 Reconstructed Census shows R. Comstock in the Uniontown School District; Section 31,Township 11,Range 33
Paid Poll Tax in Crawford County, AR in 1892

R. Comstock, age 24, married T. U. Spier, age 21, on 13 May 1890, Crawford Co, AR; J. B. C. Turman, JP.

OBITUARIES, DEATH NOTICES AND NEWS ITEMS EXTRACTED FROM THE VAN BUREN ARGUS, Vol. 3, Fran Alverson Warren, 2001; p.30-31
20 Jul 1892 UNIONTOWN SCHOOL REPORT Submitted for the Uniontown Subscription School for the term of four and one fourth months, ending July 1st, 1892........ The term closed with an exhibition, which drew a crowd of about 400 people. The program was long, but was met with applause throughout the performance. The next term will be public school, beginning the 11th inst..... Respectfully, R. Comstock, Teacher.

OBITUARIES, DEATH NOTICES AND NEWS ITEMS EXTRACTED FROM THE VAN BUREN ARGUS; VOLUME 2; Fran Alverson Warren, 2001;
p.6: 30 Jan 1889 Mr. R. Comstock returned last Saturday from Rocky Comfort, MO, where he has been for the past six months.
p.9: 20 Feb 1889 Mrs. Brown, the grandmother of R. Comstock, and Miss Fannie Davidson, his cousin, came home with that gentleman and remained a few days visiting their relative.

OBITUARIES, DEATH NOTICES AND NEWS ITEMS EXTRACTED FROM THE VAN BUREN ARGUS, Vol. 4, Fran Alverson Warren, 2001;
p.12 31 Oct 1894 Hon. R. Comstock, Representative elect from this county, has been cured of a deformed foot by Dr. H. C. Norton. The Doctor, we learn, has two other cures of deformity in that section. [Dolph was always sitting down in family photos.]
p.19 8 Jan 1896 We acknowled a pleasant call on last Friday from Hon. R. Comstock of Uniontown. He informed us that he had an addition to his family - a girl - born December 29, 1895. [Ione Grace]

The marriage side of the grave monument for Dolph & Temperance reads "A Happy Home Rendered Lonely and Disconsolate. An Untimely Death of a Dear Good Wife and Mother."
Married by J.B.C. Turman, JP.
It is a tall white obelisk monument in Uniontown Cemetery. His side reads "Thy Trials Ended, Thy Rest Is Won"

Dolph married again after Temp died in 1913 but the marriage apparently did not last. By 1920, Dolph was living with his unmarried children in Uniontown [page 9a of the census]. On page 10a, also in Uniontown is listed an Ellen Comstock, age 54. She was living with her three children, Carolyn age 18, Myrtle, age 17, and John T. age 12, all are Babbs from an earlier marriage. Also her brother, Thomas J. Morton, blind, is livng with her. Paul & Jean Morton, Morton family researchers, state that "Blind Tom" Morton had a sister, Mary Ella, who married Randolph Comstock.

Marriage record from Crawford Co: Randolph Comstock, age 48, to Mrs. Ella Babb, also age 48. 11 Sep 1914. H. M. Gillmore, MG

Supreme Court of Arkansas, 29 Nov 1920. Appeal from Crawford County Chancery Court. Randolph Comstock v. Ella Comstock. Decree of lower court dismissed the complaint, but Plaintiff appealed. Supreme Court reversed the decision and remanded it back to the lower court with directions. This case revealed additional answers about the marriage between Dolph and Ella. They had a prenuptial contract dated 20 Aug 1914, whereby Ella Babb in lieu of dower and widow's rights agreed to take that part of the estate which each child shall inherit, counting herself as a child. They were married 11 Sep 1914 and lived together until about May of 1919. Early in January of 1918, Dolph had paid Ella $2000 which he claims she accepted in settlement of the antinuptial contract. Afterwards Ella refused to sign Dolph's real estate deeds, releasing her dower interest. She admitted she had received the $2000 but denied that it was in settlement. She stated that they could not live peaceably, both having children by former marriages, and they had agreed to separate and he had given her the $2000 to buy a home she could occupy separately. She claimed the contract was void and never acknowledged and she was entitled to the value of her expectant dower interest in any sales proceeds. Dolph they stated that he paid her the $2000 to cover everything up to January 1918 and if they continued to live together and accumulated more money, she would get her share. At the time he did not know they were going to sepaprate. Before the settlement she had purchased a home. After January of 1918, his property had lost value. He had six children and estimated his net worth at the time of the marriage was between $14,000 and $16,000, but at the time he paid Ella the $2000, he doubted that his estate was even worth as much as $14,000. He was aware she was now claiming an interest in his home in addition to her home and wanted the matter settled in case he died first. He told her when he gave her $2000 that she would have no further claims on his real estate and she agreed to it and had signed one or two deeds after that. She left him voluntarily and there was no agreement to her support if she did so as he told her he could not keep up two homes. She replied "I am going if I don't get a cent." She bought the Wood property where she then lived, paying $2000 for it. The lower court decreed that the $2000 was an advancement and consititued a lien on her dower interest and that the antenuptial contract be canceled, the complain dismissed, and Ella have a judgment for all costs. The Supreme court ruled that the antenuptial agreement had been just and reasonable. The acceptance on her part of the $2,000 was in lieu of the provisions of the contract and in advance of the contingency that he might die first. She was able to enjoy the benefits of the contract in advance. The decree of the lower was reversed and sent back to the lower court with instructions to enter a decree divesting Ella of any and all interest in the estate of Randolph Comstock.
Reporter: 146 Ark. 266 or 225 SW 621

1920 Census of Farm Land Owners
Wanda M. Gray, 1998
COMSTOCK, RANDOLPH Merchant at Uniontown
COMSTOCK, Ella Lived at Unionstown

One of those strange coincidences revealed by family history research:

Randolph Comstock, brother to my great-grandfather James Monroe Comstock, married Temperance Spier, 18 May 1890, in Crawford Co, Arkansas. "Dolph" was born in 1865, while his parents were living in Lamar Co, Texas, just following the end of the Civil War. His parents were Elijah Thomas "Tom" Comstock, born 1838 in Perry Co, TN, and Miranda Brown, born 1842 in Searcy Co, AR - they had married in McDonald Co, MO in 1859. Temperance was born 1868 in Walker Co, GA, the daughter of John "Jack" Spier, born 1819 in Tennessee, and Sarah Ann McWhorter, b. 1830, in Georgia - they had married about 1852 in Walker Co GA.

Randolph Comstock's great, great-grandfather bought land that Temperance Spier's great great-grandfather had patented in Old Pendleton, South Carolina. So their great great-grandfather's had lived on the same place. The families arrived in Arkansas by very divergent means and I'm sure had no idea. This is how that happened.

Miranda Brown, mother of Dolph Comstock, was the daughter of Murphy Brown [b. 1816 in KY, died 1863 in McDonald Co, AR], granddaughter of William Brown [b.1794 in Old Pendleton District, SC, d. 1874 in Grayson Co, TX] and great-granddaughter of Samuel Brown [b. 1772 in SC, died after the 1850 census, probably in McDonald Co, MO]

Sarah Ann McWhorter, mother of Temperance Spier, was the daughter of James McWhorter [b. 1796 in SC, d. 1841, Walker Co GA], granddaughter of John McWhorter [b. 1768 in Lancaster Co, PA, d. 1855, Walker Co GA], and great-granddaughter of David McWhorter/McWhirter [b. abt 1741 in Lancaster Co PA, died 1789, SC]

Here is a record of David McWhirter in South Carolina:
Abbeville Plat Book A, p.192
Survey for David McWhirter as a Citizen. 250 acres above the Ancient [Indian] Boundary Line on Hurricane Creek, a branch of Saludy River, bounding to the NE on two former surveys. To the SE and NE on John Hamilton's land and to the SW on land surveyed for Mary Newman. Other sides vacant when surveyed by John Bowie, Deputy Surveyor, on 15 Dec 1784. Recorded 10 Feb 1785, Robert Anderson, County Surveyor. Sketch of the plat show Hurricane Creek running up one side of the plat.
Note: although this survey rests in the court house in Abbeville, the area "above the Indian Boundary Line" was recently still in the hands of the Indians. Whites moved in and settled there before the treaty was actually signed, giving over to South Carolina the Old Pendleton District which later became the three counties - Pickens, Oconee, and Anderson Counties.

Seemingly, heirs of David McWhirter, including Sarah Ann McWhorter's grandfather John, sold this land to Samuel Brown:
Pendleton SC, Deed Book G, p.301 9 Mar 1802 Mary Jones, John & Robert McWhirter to Samuel Brown. 250 acres for $250. Signed by Mary Jones, John McWhirter, Robert McWhirter. Wit: Thomas Brown, John McWhirter. Thomas Brown made oath to the deed, 9 Oct 1802. Recorded 15 Mar 1803.
When Samuel sold 100 acres of this land to John Darragh, by then recorded in Anderson Co DB 1, p.268, 24 Mar 1808, it was described as part of a tract granted David McWhirter, 3 Apr 1786.
On 10 Jan 1816, recorded in Pendleton DB M. p. 494, Samuel Brown sold the remaining 150 acres on the Saluda River, part of survey granted David McWhirter 3 Apr 1786, to William Crawford. After this sale, I believe the Brown family left South Carolina for Kentucky.

Randolph "Dolph" COMSTOCK and Temperance Ulier "Temp" SPEIR were married on 13 May 1890 in Speir, Crawford County, Arkansas.^157,166 Temperance Ulier "Temp" SPEIR, daughter of John SPEIR and Sarah Ann MCWHORTER, was born on 7 June 1868 in Walker County, Georgia.⁷⁷ She died on 23 May 1913 at the age of 44 in Uniontown, Crawford County, Arkansas.¹⁵⁷

Her side of the cemetery Monument reads
"I Don't Want to Die. If it is the Lord's Will, I guess it's the Best. Mother."

Another strange coincidence in research is the discovery that an ancestor of Temperance's sold land to an ancestor of Dolph Comstock's back in Old Pendleton, SC, in 1802.
Here is the deed:
Pendleton DB G, p.301 9 Mar 1802 Mary Jones, John & Robert McWhirter [sic] sold to Samuel Brown, 250 acres for $250. Witnesses were Thomas Brown, John McWhirter. Thomas Brown made oath that he was present, 9 Oct 1802, and the deed was recorded 15 Mar 1803.
Temperance's mother was a McWhiter, later more found as McWhorter. John McWhirter of the above deed was her great grandfather. Dolph's mother was Miranda Brown, great granddaughter of Samuel.

Randolph "Dolph" COMSTOCK and Temperance Ulier "Temp" SPEIR had the following children:

211	i.	Clara Blanche COMSTOCK was born on 20 January 1891 in Crawford County, Arkansas.77 She died on 26 September 1892 at the age of 1 in Crawford County, Arkansas.156,157 OBITUARIES, DEATH NOTICES AND NEWS ITEMS EXTRACTED FROM THE VAN BUREN ARGUS; VOLUME 3; Fran Alverson Warren, 2001; p.40 5 Oct 1892 Died - at Uniontown, Ark., September 26, 1892, Clara Blanche Comstock, daughter of Mr. and Mrs. R. Comstock, aged 20 months and 6 days. The sorrowing parents have the sincere sympathies of the Argus in the loss of their little pet. Dove on grave marker. And inscription, "He arose...." but unreadable.
+212	ii.	Miranda Ethel COMSTOCK was born on 8 February 1893 in Uniontown, Crawford County, Arkansas.77,164 She died on 4 August 1938 at the age of 45 in Van Buren, Crawford County, Arkansas.86 Married Respess Simpson Wilson 3 Jun 1915. One child Charles Newell Wilson born 14 Aug 1920. There was no child listed in her obituary; he must have died young. WILSON FUNERAL IS CONDUCTED AT VAN BUREN Funeral service for Mrs. Ethel Comstock Wilson, 45 years old, wife of R. S. Wilson, Van Buren attorney, who died Thusday afternoon at a Fort smith hospital, after an illness of several weeks was held Friday afternoon at the Wood Memorial Christian church, with Rev. Gilliam C. Yoes, Christian minister of Van Burn, Dr. W. B. Miller, pastor of the First Presbyterian church and Dr. O. J. Chastain, pastor of the First Baptist church officiating. Dr. J. R. Keeling, pastor of the church, is on vacation and out of the city. Burial was in the Masonic section of Roselawn ceretery in Fort Smith with the Fentress-Miller home of Van Buren in charge of arrangements. Active pallbearers were W. J. Martin, Dell Miller, O. D. Thompson, Wilbur Laws, W. V. Boatright, and B. J. Duke, Honorary pallbearers, members of the Sunday school class taught by Mrs. Wilson. Mrs. Wilson was a member of a widely known Crawford county family. Her father, the late Randolph Comstock was a pioneer business man and political leader of Uniontown, where Mrs. Wilson was born, Feb 8, 1893. Since moving to Van Buren in 1922, when her husband became county judge of Crawford county, Mrs. Wilson took an active part in the church, club and fraternal life of the city. She was a graduate of the University of Oklahoma and Arkansas State Teachers college, and had taught in the schools here and in other communities in the county. Her husband is one of the candidates for the democratic nomination for circuit judge of the Fifteenth Judicial District.
+213	iii.	Ione Grace COMSTOCK was born on 29 December 1895 in Uniontown, Crawford County, Arkansas.77,164 She died in August 1979 at the age of 83 in Oklahoma City, Oklahoma County, Oklahoma.167,168 OBITUARIES, DEATH NOTICES AND NEWS ITEMS EXTRACTED FROM THE VAN BUREN ARGUS, Vol. 4, Fran Alverson Warren, 2001; p.19 8 Jan 1896 We acknowled a pleasant call on last Friday from Hon. R. Comstock of Uniontown. He informed us that he had an addition to his family - a girl - born December 29, 1895. [Ione Grace] The marriage license states that R. C. Mills was of Sallisaw, Sequoyah, OK; issued 2 Feb 1922. FamilySearch has indexed her name as "Jane" Grace, but it is Ione. He was age 29; she was 16; they were married by R. H. Lampkin.
+214	iv.	Sylvia Ruth COMSTOCK was born on 24 June 1898 in Uniontown, Crawford County, Arkansas.77,164 She died in June 1984 at the age of 86 in Uniontown, Crawford County, Arkansas.167,168 Marriage record: Thos. L. Marshall, age 23, to Ruth Comstock, age 16, 28 Jun 1914, Gratis M. Comstock, JP [her cousin]
+215	v.	Hugh Barton COMSTOCK12 was born on 10 June 1900 in Uniontown, Crawford County, Arkansas.77 He died on 24 September 1970 at the age of 70 in Van Buren, Crawford County, Arkansas. Marriage license issued in Crawford Co - his name recorded as "Burton Comstock". He was age 20, Irene was 22. Married by G. Garfield Alexander, Christian Minister 1930. Barton Comstock was living in Van Buren and was an auto mechanic at a auto repair shop. He was age 29. Irene was 30 and they had been married 9 years. Children listed were: Avalee, age 7, Bernice, age 4 years, and Dorse, age 1. Ft. Smith City Directory, 1938 Hugh B. Comstock. mech Ark State Hwy Dept, r [residence] Van Buren Ark. Ft. Smith Library Cemetery Database Online: COMSTOCK H. BARTON Sep 24, 1970 Age 70 ROSE LAWN 1970 Heritage, Van Buren, AR, Vol 14, Jan 1971 H. Barton Comstock, 70 years old, 625 North 13th St, Van Buren died Thursday afternoon September 24 in a local hospital following a long illness. He was born at Uniontown on June 10, 1900, the son of Randolph and Temperance Speir Comstock and spent most of his life in Van Buren. He was a member of Wood Memorial Christian Church and was a retired automobile mechanic. Survivors are his wife, Mrs. Cora Irene Comstock; three daughters, Mrs. W. R. Young of Cypress, California, Mrs. Bill Degen of Fort Smith and Mrs. H. Y. Howell of Muskogee, Oklahoma; a brother, R. K. (Dike) Comstock of Sparks, Okla; three sisters Mrs. R. C. Mills and Mrs. L. E. Call both of Oklahoma City and Mrs. Tom Marshall of Uniontown; six grandchildren and four great grandchildren. Funeral service was held at 3 p.m. September 16 in Fentress Mortuary chapel. Jack Cutbirth, pastor of Wood Memorial Christian Church officiated. Burial was in Roselawn cemetery. Mrs. R. C. Mills, is a sister of Mr. Comstock and Miss Mary Jane Comstock is a niece of his. Both are members of the Crawford County Historical Society.
216	vi.	Leonard Hy COMSTOCK was born on 20 April 1902 in Crawford County, Arkansas.77 He died on 30 April 1902 at the age of 0 in Crawford County, Arkansas.156,157 Marker reads "Thy Will Be Done" Dove on marker.
+217	vii.	Ralph Klondike "Dike" COMSTOCK12 was born on 21 November 1903 in Uniontown, Crawford County, Arkansas.77 He died in March 1987 at the age of 83 in Sparks, Lincoln County, Oklahoma.167,168 R. K. Comstock, age 21, marriage to Clara Haggard, age 18, on 5 Dec 1921; T. P. Yadon, JP Note: Dike was 18, but males must be 21 to marry in Arkansas without parental permission. 1930. Ralph K. Comstock was living in Van Buren. He was 26. Operator of an auto service store. Clara M. was 26. They had married at age 18. June and William R. were in the household. 23 Dec 1971 Press Argus, published Van Buren, AR Clara wrote an article following a 50th wedding anniversary for Dike and Clara, which included a picture of them as newlyweds in 1921. She talked about receiving many cards and described their pecan farm. She named her children, grandchildren, and great grandchildren. She also listed many out of town visitors.
+218	viii.	Norma Ann COMSTOCK was born on 9 February 1910 in Uniontown, Crawford County, Arkansas.77 She died in 1990 at the age of 80 in Oklahoma City, Oklahoma County, Oklahoma.167 One child - Jim Randolph Call born 16 Sep 1946

Randolph "Dolph" COMSTOCK and Mary Ella MORTON were married on 11 September 1914. They were separated in May 1919. Mary Ella MORTON^169,170, daughter of Jackson T. MORTON and Margaret HOWELL, was born in 1866 in Kansas.^170,171

The 1870 Census, when Mary was 5, gives her place of birth as Arkansas

Del says this sister married Randolph Comstock. The Randolph Comstock in Crawford County married Temperance Spier. ???? Did she marry Dolph after Temperance died?

Date: Wed, 18 Aug 2004 13:23:28 -0500
From: Michelle Babb <mbabb@motion.net>
I can answer that for you, my husband is the grandson of John T. Babb (Ella’s son from her marriage to George Babb). Yes, Ella married Randolph and then they were divorced possibly due to Ella not getting along with Randolph’s children. A funny note, George Babb is buried in the Comstock Cemetery in Arkansas, with the largest stone no less. They say his father, John Babb is buried there also.
We have a picture of Ella in front of the large house in Uniontown that I believe was Randolph’s that she kept after the divorce.
Hope that helps fill in some information,
Michelle Babb

My note: The court case of Randolph v. Ella Comstock states that they had separated - there is no mention of a divorce at that time. The Babb stone is in the adjoining cemetery, not in the Comstock Cemetery plot on Tom Comstock's homestead; the cemeteries are side by side with the Babb graves in the much larger cemetery. The house that Ella was in front of was either Randolph's house that she did not receive - see the court case notes of Randolph Comstock's. Or it was the Wood house that she purchased with her $2000 settlement from Randolph Comstock.

In the 1920 Census, Ella is listed as Ella Comstock, widow, born in Kansas. Her brother Thomas J. Morton, age 40, Divorced and Blind lives with her. She is marked as married, but still head of household. She was four doors from Joseph Christopher Wood, one of my gg grandfathers. I do not know if she bought a house from him or other members of the Wood family. I did compare the 1920 census with 1910 - George & Ella Babb and children were only a few doors from Joseph Wood then, too. Could even have been the same house.

1920 Census of Farm Land Owners
Wanda M. Gray, 1998
COMSTOCK, RANDOLPH Merchant at Uniontown
COMSTOCK, Ella Lived at Unionstown

1910 Crawford Co AR, Union Township, Hh 5
George M. Babb, age 43, 2nd marriage, married 12 years. He was born in Kansas, his father born KY, his mother born TN
Ella, wife was 44, her 2nd marriage. She had three children, all living. Said she was born in OK, father b. MO, mother b. TN.
Carolyn, daughter, 8, born OK. Martha D., daughter, 7, born OK. John, son age 1, b. Arkansas.