Burton Family Legend and Jabez Burton, 1803-1879

There are always a few legends that have been passed down, when looking into your family history.  The Burton's of Tennessee have one of those legends for me.  It might very well be true for all I know.  But for now...it's just a family legend.  Let's take a look at it now and I'll break it down afterward...

As written by Leslie McQuinn (a 1st cousin twice removed for me):
"Jacob Burton of Gainesboro, Tennessee, died and left a large unclaimed estate.  Jacob Burton had one daughter, Rhoda Burton.  She was the mother of four children, 3 boys - Jabez, Joel and Jabed, and Julia Burton, the daughter.
Jacob Burton left his estate to his grandchildren, Jabez, Joel, Jabed, and Julia. Jabez Burton with the fathers of Luvisa Burton and Julia Burton were the only ones of the children that are now living.  Jabez Burton died in 1880 at the age of 80 years and he had the last copy of the will in 1875.
This estate is supposed to be controlled by a family by the name of Woodforks.  There was a copy of the will after the courthouse burned down."  The verbal legend that goes with this story, is that some "cousins" went to Tennessee to claim the fortune.  When they returned, they said they hadn't been able to obtain anything, but they mysteriously purchased a new car shortly after that.

Another explanation of it comes from "the Rosan Book" that my grandmother's brother Nolan wrote.  His words are as follows:

"So far as I know, the Burtons can not boast of a professionally established genealogy.  All I have to go on is information passed down from generation to generation by word of mouth plus some old letters and other information furnished by relatives.

It was from the Burton line, rather than the Lively line, however, form which sprang the legend of the missing estate.  The legend goes that Jacob Burton left an estate to his grandchildren Jabez, Joel, Jubal, and a girl, Julia Ann.  Jabez Burton was Mother Lively's father.  Her maiden name was Luvisa Burton and she married William Lively on February 6, 1868.  As stated before, the estate was ready to be delivered to the living heirs and at that time what was left of the estate was handled by a family named Woodforks.  I am indebted to Maxine Dace for most of this last information.  Her brother Leslie McQuinn copied it from dictation from his mother Alice Lively McQuinn.

I have always wondered what would happen if one of us few remaining heirs would go to Gainesboro, Tennessee, look up this family and demand our cut."  -- Nolan Albert Rosan  (Blogger's note: Alice Lively McQuinn was a daughter of Luvisa Burton Lively.)

"Jabez with the fathers of Luvisa and Julia"

The way it reads, makes it sound like Luvisa and Julia had different fathers, and neither of them were Jabez.  However, I know to be fact that Jabez was the father of Luvisa and Julia Ann Burton.  So maybe when this account was written, the writer's pen got ahead or behind his thoughts, and he had in fact meant to write that Jabez WAS the father of Luvisa and Julia, and that the two girls were the only children living at that time.  This would be more fitting, as Luvisa died in 1929, and Julia in 1937.

"Jabez Burton died in 1880 at the age of 80 years and he had the last copy of the will in 1875."

According to death records, Jabez died July of 1879.  So that's pretty close.  He actually died of pneumonia.  As for the Will, I have never tried to find one.  I suppose I should look into that.  :)

"Jacob Burton had one daughter, Rhoda Burton.  She was the mother of four children, 3 boys - Jabez, Joel and Jabed, and Julia Burton, the daughter."

Reading this, it implies that Rhoda was a Burton by birth.  So...who was the father of the four children?  And why are the children named Burton?  According to other researchers, Jacob's son William was the father of these children.  In the 1820 census, Rhoda Burton is listed as a head of household.  This would lead me to believe that William died before this census was taken.  They didn't have a "marriage status" column in the old census records, so I don't know if Rhoda was widowed or divorced.  As crazy as it sounds, divorce did exist back then, so I can't rule it out.  However, I cannot find William Burton in 1820 or after.  And there are too many in previous census records to know which one is mine.

"This estate is supposed to be controlled by a family by the name of Woodforks."

I find this part interesting.  There are a lot of entries in the Deed books in Smith County, Tennessee.  One entry dated October 7, 1836, states... "Jabez and Jubilee Burton sell to Wm. Woodfolk, for $400, three fouths of the tract of land on which Sarah Burton and Jesse Burton now live, containing 190 1/2 acres...".  Hmm.  Woodfolk... Woodfork...  Pretty darn close, I think.  This brings me to another find just tonight as I was gathering info together for this blog.  The Jesse Burton mentioned above, was also a son of Jacob Burton (making him William's brother...or Jabez's Uncle).  Then I looked at his children, one son was George Washington Burton....and you have to love the internet and people who are interested in and proud of their ancestors....because I found this.  A picture of George Washington Burton, my 1st Cousin 5 times removed.  His grandfather and my 5th Great Grandfather are the same guy.

George Washington Burton and wife Martha
Photo found on USGenWeb Project site, submitted by Connie L. Barker

So now we just have to figure out if there is indeed, still a copy of Jacob's will somewhere.  Census records all state that Jabez's children were born in Smith County, TN (all except for Luvisa, who was born after they moved to Illinois).  However, in the legend, Gainesboro is specifically mentioned.  Gainesboro is in present day Jackson County, TN.  According to state history, Smith County Tennessee, was formed from Sumner County and Indian Lands in 1799.  Then two years later in 1801, Jackson County was formed from Smith County and Indian Lands.  The town does sit pretty close to the county line, though.  So I guess it's possible that some of the family lived in Smith County and some in Jackson County.

Another point of interest about Jabez, is a translation of another entry in a Smith County TN Deed Book.  This one if dated February 4, 1829, and is by Jacob, Jabez's grandfather.

"Where as I gave to Jubez Burton, my grandson, a deed of conveyance (transfer) for all my estate both real and personal during my natural life, he having given me his bond to support me and my wife during our lives, now we have cancelled the above name writing.  I have given up to said Jubez the bond I hold on him and he has given up said conveyance I made him.  Now in consideration of his having given up said conveyance, I have this day sold Jubez a certain negro girl child named Fanny, between one and two years old, to be his bonefied title from this day hereford, but it is expressly understood that the said negro girl child is to remain in my possession until my death, but should it die I am not accountable.  Though if so happens that said Jubez should die, it is expressly understood that although the negro child remain in my ... ??? ... heir. If said Jubez are at liberty then to take it away without my land."

The part at the end that is ???, combined with the rest of the entry....I might venture to say that it read something like,  "Although the negro child remain in my possession and then go to another heir."  ???  You think?  Jacob seemed to want to desperately make sure little Fanny stayed in the family, even if it does say that Jabez bought her.  This also raises a few questions, but I won't dwell too long on them.  We all know the history and have heard the stories of  what types of things happened during that time period.  It's a fact that some slave owners fathered children with some of their slaves.  I don't think it happened in every family, but since I wasn't there, I can't say for sure that it didn't happen in mine.  The way the above entry reads, does make you wonder why Fanny was so important to Jacob and why he wanted her to remain in the Burton family.

Also, the fact that Jabez gave up his Grandfather's inheritance.  Do you think that even in 1829, he knew he didn't want to stay in Tennessee?  Was he planning that far in advance and setting his mind to move?  Had he wanted to move at that point, and one thing or another prevented him from doing so until 15-20 years later?

Now... In doing census research, Jacob died between 1830 and 1840.  Here's a quick timeline...

1830 Census -- Jacob is in Jackson County, TN.  He owned 18 slaves.  7 female slaves are listed as being under the age of 10.  I assume Fanny is one of them.  The 1830 census would tell me if Jabez owned any slaves...but I can't find him.  This most likely means his name is spelled wrong, or the person who did the data entry could not read the handwriting, leaving no online record.

1840 Census -- Jacob has passed away by this time.  I cannot seem to find the slave schedules for this year. The census record only asks for "free colored persons" for each household.  This tells me there must be a separate census for slaves, but for whatever reason, I am unable to find it at this time.

Jabez and his family moved to Illinois between 1844 and 1848.  The family included Jabez, wife Sarah (Pate or Payton was her maiden name), children Stephen, Joel, Ellen, Milton, Harriet, Payton, Caleb, Jeremiah, Sally, and Julia Ann.  Julia Ann was born in 1844.  Daughter Luvisa was born in Hardin County, IL, in 1848. Luvisa is my Great-Great Grandmother.  Jabez is my 3rd Great Grandfather...making Jacob Burton my 5th Great Grandfather.  Here's another quick timeline...

1844 -- Julia Ann Burton is born in Tennessee.

1848 -- Luvisa Burton is born in Illinois.

1850 Census -- Jabez and family are accounted for in Hardin County, Illinois.  Jabez is a farmer.

1855 IL State Census -- Jabez and family are living in Saline County, Illinois.

1860 Census -- Jabez and family are living in Perry County, Illinois.

1870 February -- Jabez married Sarah Reid, implying that his first wife Sarah, died between 1860 and 1870.  Family still living in Perry County, Illinois.

1879 July -- Jabez died of pneumonia in Randolph County, Illinois.

I wonder what made them decide to move north?  Did they just want new scenery? Did they feel they had run out of open land where they were?  No room to expand?  Was there too much tension building in those years leading up to the Civil War?  Did Jabez want to cut his ties to slavery?  This is one of those times (like so many others), that I really wish I had an old journal or something.  Or a time machine.  That would be okay, too.  Or maybe I should just go back to Gainesboro and check on that inheritance....  :)

Luvisa Burton Lively, 1848 - 1929