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Facts and Events
About Daniel Mabry
Daniel Mabry (Maberry) was born about 1801, likely in Lincoln County, Kentucky. He appears to be the son of Abraham Maberry and Hannah "Ann" Womack. Abraham Maberry is listed on the 1800 Tax List in Lincoln County, Kentucky, which supports Daniel Mabry's likely place of birth. Daniel married Catherine Crossno, daughter of Thomas Crossno, Sr. of Wayne County, Tennessee, llkely around 1822. [Ancestry.com Member Trees, marriage record needs research]. Daniel Mabry is listed on the 1836 Tax List in Wayne County, Tennessee and is listed there with his family in the 1840 Census [see below].
According to 1850 Census Records in Wayne County, Tennessee, Daniel, Sr. had died previous to the 1850 Census, was not listed as head-of-household, his son Daniel, Jr., age 29, born in Kentucky, was listed with Daniel Sr.'s wife Catherine, age 44; daughter Elmina M. Mabery, age 18; son Lafayette Mabery, age 16; daughter Elizabeth Jane Mabery, age 13; son David Mabery, age 12; son Demarcus Mabery, age 9; and son Alex Mabery, age 7. Daniel Mabry, Sr.'s older children were listed in lawsuits in Wayne County, Tennessee, "Catherine Mabry vs. Thomas T. Mabry, et. al" in a Petition for Dower and Petition to sell slaves as detailed below. Since Daniel's eldest son Daniel Mabry, Jr. is listed as being born in Kentucky, it appears likely that the family had migrated to Wayne County, Tennessee from Kentucky sometime around 1823 when his son Thomas T. Mabry was born in Tennessee [1850 Census Records].
Records in Tennessee
Wayne County, TN Records
- Catherine MABRY vs Thomas T MABRY et al. petition for Dower
- Came the petitioner by her Council and it appearing to the Court that said Thomas T. MABRY Abner? [prob. Abram] MABRY and Thomas T. GOODMAN and wife are legatees and heirs at law of said Daniel MABRY deceased have had the
- [page 146] no heading
- 5 days notice of her intention to a make this application and are present and assenting to the decree the said said Thomas T. MABRY being also Administrator of the Estate of the said Daniel MABRY Dec'd It further appearing to the Court that the following named persons are heirs of said Daniel MABRY dec'd and minors under the age of twenty one years [to wit, crossed out] and have no regular Guardian to wit [line blank]
- It further appearing to the Court that said petitioners is the widow of said Daniel MABRY dec'd and as such entitled to dower out of the lands of which said Daniel MABRY died seized and possessed It is therefore ordered adjudged and Decreed by the Court that Jesse S. ROSs Henry CULP and Joseph ROBINSON be appointed commissioners to lay of and allot to the said Catherine MABRY the one third part in value of the lands of which her dec'd husband died seized and possessed including the mansion house where the said Daniel MABRY usually resided prior to this death together with the necessary out houses and that said commissioner report to the next term of this Court and that a writ of Dower issue c. Isued Jany 11, 1851
- [Page 166] March 1851
- Ordered by the Court that Lewis BECKHAM be appointed overseer of the road of 2d Class in the place of Lemuel PANNEL[?] and that he have the hands in the same bounds to work under his direction Ishued 6th March 1851
- Came D. H. MERRYMAN Admr. of the estate of Nancy HAM dec’d and returned into Court an Inventory and account of sales verified by his Oath which was received by the Court and ordered to be recorded
- Catherine MABRY vs Thomas T MABRY et al petition for Dower
- Be it Remembered that this cause came on this day for a final hearing before the Worshipful County Court of Wayne County David J JONES Esq George W BARKER Esq & William M LAFFERTY Esqr. Justices &c present and presiding upon the report of the Commissioner theretofore appointed to lay of the dower of the petitioner out of the lands of her deceased husband which said report is in the words and figures following to wit
- [To the worshipful County Court – crossed out] The undersigned being unconnected with the parties either by affinity or consanguinity and entirely disinterested having been notified by the Surveyor for Wayne County have proceed to allot and set off to Catherine MABERRY her Dower out of the real estate of Daniel MABERRY her deceased husband after having duly consider and fully understood the whole matter do hereby assign to the said Catherine MABERRY for her Dower the following described land with the exctions[?] and improvements thereon to wit A tract of land in the County of Wayne on the waters of Beech Creek containing seventy eight acres and bounded as follows :Beginning on a Sycamore the so west corner of entry No. 630 in the name of Daniel MABERRY for 77 acres runs south 40 poles to a chinguepin oak then South 10 (degrees) West 20 poles a small persimmon Chestnut oak pointers then East 15 (degrees) So 112 poles to a beech then North crossing Beech Creek at 26 poles in all 71 poles to a Hackberry then East 10 poles to a a stake then North 15 (degrees) west 64 poles to a poplar then west 30 ( degrees) North 23 poles then North 26 poles to a Red Oak then west 60 pole to a stake then South 80 pole to beginning Which in our opinion Judgment constitutes one third part in value of the real estate of Daniel MABRY deceased died possessed of given under our hand this Febr. 22d 1851 // s // Josiah ROBINSON Henry CULP JR Jesse J ROSS.
- Which not being in any wise excepted to is in all things confirmed it is therefore ordered adjudged and decreed by the Court that all the right title claim and interest of said defendants in and to the above described tract of land be divested out of them for and during the natural lifetime of said petitioner Catherine MABRY and that the same be vested in the said Catherine MABRY for and during her natural life it is further ordered and adjudged by the Court that said petitioner Catherine MABRY pay the costs in this behalf expended and that execution issue. Source: TNGenWeb.com
- Page 3 Monday May 26th 1851: Thomas T. MABRY Admr. vs Catherine MABRY et al.} Petition to sell Slaves Came the Petitioner by his attorney whereupon on motion of said Petitioners attorney it is ordered by the Court that the allegations in said petition contained be be refered to the Clerk of this Court and that he take proof and report thereon at the present term of this court. [Source: Wayne County, Tennessee, Circuit Court Minute Book 1, May 1851 - January 1857]
- 28 May 1851: Thomas T. MABRY Admr &c vs Catherine MABRY et al § Petition to sell Slaves Be it remembered that this cause came on for a hearing before the honorable Elijah WALKER Judge &c upon the petition of petitioners the answer of the defendants and the report of the Clerk and master of this court now on file in this cause and it appearing to the satisfaction of the Court that after the personal assets of the estate of said Daniel MABRY have all be exhausted by said Administrator and that there is still a large balance against said estate which there are no monies in the hands of said Administrator to satisfy. It is therefore ordered adjudged and decreed by the Court that the Clerk & Master of this court sell said two slaves mentioned in the pleadings in this cause to the highest bidder upon a credit of tw?? twelve months at the court house door in the town of Waynesboro after giving 30 days notice in writing at three or more public places in said County the purchaser giving bond & security and a lien retained upon said slaves until the purchase money is paid and that said money when collected be paid over to said Administrator to be applied to the payment of the debts against said estate and that all other things be reserved &c. [Source: Wayne County, Tennessee Circuit Court Minute Book May 1851 - January 1857, Page 17 Wednesday May 28, 1851].
- 22 Sept. 1851: The undersigned who was appointed by a decretal order in this cause to sell the lands mentioned in the pleadings in this Cause would respectfully submit the following Report
- Thomas T. MABRY Admr &c vs Catherine MABREY et al§ Petition to Sell Slaves Be it remembered that this cause came on for a further hearing on this 22nd day of September 1851 before the honorable Elijah WALKER Judge &c upon the report of the Clerk & Master of this Court which is in the words and figures following to wit. The undersigned who was appointed by a Decree of this Court in this cause to sell the slaves mentioned in the said petition would Respectfully Report.
- That after having advertised the same as directed by said decree he proceeded on the 7th day of July 1851 to sell said slaves on a credit of twelve months when the negro woman Slave was sold and struck off to William POLLARD at the price of three hundred dollars that being the highest and best bid (except a bid which was made by Archibald MURPHY of $400 which was recalled before she was struck off) and executed his writing obligatory for the same payable twelve months after date with Joseph PITTS as his security who is deemed good and sufficient And the Negro boy Abner was struck off and sold to Joseph PITTS at the price of four hundred & sixty six dollars and executed his writing obligatory for the same payable twelve months after date with William POLLARD as his security who is deemed good and sufficient all which is respectfully Submitted Sept 22nd 1851 //s// John McDOUGAL C & M which being in no wise excepted to it is considered by the court that said report be and the same is in all things confirmed. [Source: Wayne County, Tennessee Circuit Court Minute Book May 1851 - January 1857, page 45 Monday September 22nd 1851]. Source: Wayne County, Tennessee County Court Minutes September 1848 - June 1854
References
- Tennessee, Early Tax List Records, 1783-1895.
Name: Daniel Maberry
Year: 1836
Residence: Wayne, Tennessee
- United States. 1840 U.S. Census Population Schedule. (National Archives Microfilm Publication M704).
Name: Danl Maberry
Home in 1840 (City, County, State): Wayne , Tennessee
Free White Persons - Males - Under 5: 1
Free White Persons - Males - 5 thru 9: 1
Free White Persons - Males - 10 thru 14: 2
Free White Persons - Males - 30 thru 39: 1 [b. bet. 1801-1810] Daniel
Free White Persons - Females - Under 5: 1
Free White Persons - Females - 5 thru 9: 1
Free White Persons - Females - 10 thru 14: 1
Free White Persons - Females - 30 thru 39: 1 [b. bet. 1801-1810] - wife Catherine
Persons Employed in Agriculture: 3
No. White Persons over 20 Who Cannot Read and Write: 1
Free White Persons - Under 20: 7
Free White Persons - 20 thru 49: 2
Total Free White Persons: 9
Total All Persons - Free White, Free Colored, Slaves: 9
- United States. 1850 U.S. Census Population Schedule. (National Archives Microfilm Publication M432).
Name: Daniel Mabery
[Daniel Maberry]
[Daniel Mayberry, Jr.]
Age: 29
Birth Year: abt 1821
Birthplace: Kentucky
Home in 1850: District 3, Wayne, Tennessee, USA
Gender: Male
Family Number: 180
Household Members: Name Age
Daniel Mabery 29
Catharina Mabery 44
E M Mabery 18
Lafayette Mabery 16
E J Mabery 13
David Mabery 12
Demarcus Mabery 9
Alex Mabery 7
Note: Daniel Mabry Sr. had apparently died prior to the 1850 Census
- Ancestry.com. Public Member Trees: (Note: not considered a reliable primary source).
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