Person:John Magee (16)

See this man's will transcribed in the references section, below.

John Magee, son of John and Sarah ___ Magee, was born about 1760 in Duplin County, North Carolina. The first indication of him in the records is the Oct 1779 bond for his marriage to his cousin Ann Magee (see under family page). A couple of years later we have our second snapshot of him when, on 5 Dec 1781, one Simon Parker sold to “John Magee Junior” 150 acres of land on the east side of Great Coharie Creek for £60, with his brother Jacob Magee and Thomas Page as witnesses (Duplin Co DB 7, 400-401). His father John, for £100 on 7 Dec 1784, sold him 200 acres of land on the south side of Great Coharie Creek, adjoining Beaverdam Swamp, being part of 400 acres sold from Simon Herring to John Herring in Feb 1753 (Sampson County DB 10, 58).

Since he was coming of age and buying land during the Revolution, a question naturally arises with respect to his activities during the Revolution. Indeed, John Magee appears to have performed at least one militia tour during the war. According to North Carolina Revolutionary Army Accounts vol W-1, p 23, he was paid £13.14.6 for his services. His brother Jacob appears immediately below John on this page, being paid the same amount. Indeed, the repetition of the sum £13.14.6 on this page, with the names of militia officers interspersed, shows that these individuals were paid for militia duty, and not for the furnishing of supplies. Revolutionary War pay voucher #541, NC State Archives Roll #S.115.110 also shows that John Magee was paid £8.14.0 “for his services in the militia.”

The second wife of John Magee was Bethany Scott, the daughter of Nehemiah Scott, and the sister of Mary Scott, wife of Jacob Magee. Bethany was named as daughter of Nehemiah Scott in a 1797 deed of gift, per Sampson County NC Deed Book 10, 374.

John Magee remained in Sampson County for some time after his brothers Jacob, Phillip and Solomon sold out and removed to South Carolina. He is enumerated on the 1790 census with 1 male +16, 2 males -16 and 4 females in his household, which was enumerated “adjacent” to Robert Magee, and seven “doors” from his father John. The 1800 census shows that the only Magee men left in Sampson County were John Magee, and his relatives Robert Magee and Willis Magee. John was enumerated in 1800 with 2 males -10, 2 males 10-15, 1 male 26-44, 3 females -10, 1 female 10-15, 1 female 16-25, and 1 female 26-44.

The death of John’s father-in-law Nehemiah Scott appears to have been the event that triggered John Magee’s removal to the southwestward. Shortly before 1800, perhaps anticipating his demise, Nehemiah Scott executed several deeds of gift to his daughters, including a 15 Aug 1797 deed of gift to “my daughter Betheny Magee,” by which he gave her a negro girl named Candiss (Sampson Co DB 10, 374). John Magee sold out in Sampson County in 1801 when, on 1 Dec, he deeded two Sampson County tracts on Great Coharie to Young Royals for £250 (Sampson Co DB 12, 49), and removed to a place where we might suspect...close to his brother Jacob. Jacob Magee had patented land in 1803 on Fork Creek, a tributary of Great Lynch’s Creek in Chesterfield District, South Carolina. John Magee patented 500 acres of land on the same Fork Creek on 31 May 1804 (SC State Plats, Columbia Series, vol 40, p 272). He appears to have actually arrived on Fork Creek before the 1804 date, since the patent mentions “John Magee’s land” adjoining the patent. He may have obtained this adjoining land by deed, but there is no record of this, the Chesterfield records being mostly non-extant for this time period.

By 1808, John Magee was living in (old) Washington County, Mississippi Territory, where he was enumerated in the Territorial Census of that year (in Jean Strickland and Patricia Edwards, “Residents of the Southeastern Mississippi Territory,” Book 1, 32). In 1810, he was enumerated in the Mississippi Territorial Census in Amite County, in close proximity to his brothers Jacob and Phillip. The rapid sequence of county splits and formations during this time period might lead to the impression that John Magee was moving around quite a bit shortly after his arrival in Mississippi Territory. However, it is important to stress that, in fact, he settled on the creek that would soon bear his name, Magee’s Creek, probably immediately upon or after his arrival in Mississippi Territory. The counties which held jurisdiction over the area of Magee’s Creek, however, changed rapidly: Amite County held jurisdiction over the area of Magee’s Creek from Feb 1809 until Dec 1810, at which time Marion County was formed; Marion County held jurisdiction over the area from Dec 1811 until Dec 1815, at the time Pike County was created. The area remained under Pike County jurisdiction until the formation of Walthall County in 1914. For geographic references, see John Long, ed., Mississippi: Atlas of Historical County Boundaries, 26, 131, 161-2.

The 1817 personal property tax list (viewable in the “Mississippi State Archives, Various Records, 1820-1951” collection, familysearch.org) for Pike County, Mississippi shows John Magee assessed with 960 acres of land on Magee’s Creek. The 1818 personal property tax list for Pike County, Mississippi shows John Magee assessed with the same number of acres. Listed immediately after John in 1818, in a partially alphabetized listing, were Sier Magee (1 poll, .83 cents tax), Elisha Magee (1 poll, .83 cents) and “Myer” Magee (1 poll, .83 cents). The 1819 Pike County Personal Property Tax return, p 18, shows the following five Magee men assessed “consecutively” in a partially alphabetized list: John Magee, 480 acres of land on Magee’s Creek, 12 slaves, $14.87 tax; Elisha Magee, 160 acres of land on Magee’s Creek, 1 poll, 1 slave, $2.64 tax; Sier Magee, 160 acres, apparently on Magee’s Creek, 1 poll, $2.28 tax; Nehem. Magee, 160 acres, apparently on Magee’s Creek, 1 poll, .28 cents tax.

The 1825 personal property tax list of Pike County (familysearch.org) showed Richard Magee assessed on his own 320 acres of land on Magee’s Creek, as well as for 160 acres belonging to the estate of John Magee. The next year, 1826, Richard was assessed his own property, and was also assessed for the four slaves of Bethany Magee, his mother.

Contributed by: Bevin Creel

1. ↑ Duplin County, North Carolina Deed Book 7, 400-401, 5 Dec 1781, deed Simon Parker to John Magee Junior, first known mention of John in the records.
2.   1825 Personal Property Tax Assessment, Pike County, Mississippi. Mississippi State Archives, Various Records "'FamilySearch ([http://www.familysearch.org). Mississippi State Archives. Jackson, Mississippi. FHL digital images.
3. ↑ NARA, [National Archives and Records Administration], Record Group 49 (Records of the Bureau of Land Management), Land Entry Case Files, Washington, MS Land Office, Credit Under # 701, #709.

   [National Archives and Records Administration, Record Group 49 (Records of the Bureau of Land Management), Land Entry Case Files, Washington, MS Land Office, Credit Under # 701, #709. An explanation is in order regarding this citation. The will is currently filed with Credit Under #709, relating to the land of James Lee. It properly belongs with Credit Under #701, related to the land of Richard Magee, “devisee” of John Magee. Transcribed by Bevin Creel, Aug 2016]
   
   State of Mississippi, Pike County. In the name of God Amen I John Magee of the county and state afd. being in health of body and sound mind and memory do make and ordain this my last will and testament in the manner and form following to wit., I recommend my soul to God who gave it trusting that in and through the merits of Jesus Christ he will bring it safe to himself in his own Kingdom, my body I wish to be decently intered in the Earth and the expences incident thereto I leave to the discretion of my Executors, after the payment of my just debts I give and dispose of my worldly estate with which Almighty God has been pleased to bless me, in the following manner Viz. Firstly I give and bequeath to my beloved with Barthany Magee three negroes, namely Jack, Chaney and Fanny and five good milch cows, two three year old bullocks and two two year old and two yearland heifers or as many of them as will support her plentifully, with all the household and kitchen furniture of whatever articles they consist with three sows and piggs and a sufficient quantity of pork or bacon for to support her in season with all other necessaries for her support and the support of her stock during her natural life and after her death the property shall be sold and the amount of sale shall be equally divided between my living legatees.
   Secondly to my unfortunate son Joseph Magee, I give and bequeath one negro one negro [thus] named Carolina who is to be hired out annually and the money arising therefrom is to be appropriated to the support of my said son Joseph, as my Executors may find necessary or as his necessity may require and I further will that he may have an equal division of my estate after the first payment or share of my daughters herein after specifyed.
   Thirdly I give and bequeath to my beloved sons Sier, Nehemiah, and Richard jointly my sawmill and ginn, that each of my above named sons shall have an equal division of the profits arising from said sawmill and gin forever.
   Item I give and bequeath to my beloved son Sier Magee the southeast quarter of Section no. 19 of Township no. 2 Range no. 11 west of Pearl River, to my son Nehemiah I give and bequeath the northeast quarter of Section no. 30 of Township no. 2 Range no. 11 west &c, and to my beloved son Richard I give and bequeath the southeast quarter of Section no. 30 Township no. 2 Range 11 west &c, also the southwest quarter of Section no. 29 Township no. 2 Range no. 11 west of Pearl River.
   Fourthly, it is my will and desire that my Executors shall pay to my lawful daughters (namely) Sally Magee, Nancy Magee, Jerusha Magee, Clary Magee, Dysa Magee, and Kitty Magee, the sum of three hundred and twenty dollars each out of my estate that is not heretofore donated which sum is considered to be an equivolent for the land donated to my above named sons.
   Fifthly it is my will and desire that after each of my above named legatees shall have received their portion above designated to them then an equal division of all the remaining part of my estate shall take place including in that division an equal portion to my above named unfortunate son Joseph which portion or part of my estate shall be sold and the money arising from which shall be loaned or put to interest for his own use and behalf as he may stand necessiated during his natural life and after his death then said negro (Carolina) above donated to his use shall be sold and after paying all just demands against him all his monies goods or chattles shall be equally divided between my lawful and living legatees or their legal Representatives.
   Sixthly it is my will and desire that my son Sier shall take the management of my son Joseph’s part of my estate and that he will manage his affairs as he may think best agreeably to my will.
   Lastly I hereby nominate appoint and ordain my beloved sons Sier, and Richard and my beloved wife Barthany my Executors and Executrix of this my last will and testament hearby disannulling, revoking and disallowing all other former wills by me made and ratifying and confirming this and no other to be my true last will and testament.
   In testimony whereof I John Magee the present Testator do hereunto set my hand and affix my seal this 24th day of July in the year of our Lord one thousand eight hundred and twenty one. John Magee (seal)
   Signed sealed and delivered in the presence of us to be the last will and testament of the above Testator by these presance who at his particular request have hereunto set our hands and affixed our seals the day and date above written. Josiah Lewis (seal), Solomon Causey (seal), James Causey (seal), William Lewis (seal)
   State of Mississippi, Pike County Orphans Court October Session 1824. Personally appeared in open court Solomon Causey who being duly sworn deposeth and saith that he saw the within named John Magee sign seal and acknowledge the within will, and declared the same to be his last will and testament and that he saw the within named Joseph Lewis, James Causey and William Lewis sign their names as witnesses with him in the presence of the Testator aforesaid. [signed] Solomon Causey
   Sworn to and subscribed to in open court on the 24th day of October 1824. [signed] Jas. Y. McNabb, R.O.C.