BERRYHILL FAMILY, Richmond, Jefferson, Jasper, Pike, Montgomery Cos. GA, Chambers, Tallapoosa, Randolph Cos. AL, Mecklenberg Co. NC, Creek Nation (OK), Nacogdoches, Rusk Cos. TX, Amite? Co. MS The Story of John Berryhill and Elizabeth Derrisaw and Their Descendants This is an unpublished manuscript done by Thelma Nolen Cornfeld before her death in 1996. Her daughter Barbara gave me permission to put her research online. Submitted by David Morgan dmorgan@efn.org ************************************************************************ USGENWEB ARCHIVES NOTICE: These electronic pages may NOT be reproduced in any format for profit or presentation by any other organization or persons. Persons or organizations desiring to use this material, must obtain the written consent of the contributor, or the legal representative of the submitter, and contact the listed USGenWeb archivist with proof of this consent. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. http://www.usgwarchives.net/ *********************************************************************** TENSLEY ELIZABETH POSEY Tensley Elizabeth (Posey) Stinson, Barber T ensley Elizabeth Posey was born in Tallapoosa County, Alabama, 31 January 1841. She was the eleventh child born to Benjamin and Eliza (Berryhill) Posey. In 1846, Tensley Elizabeth went with her parents to Nacogdoches County, Texas. Tensley Elizabeth Posey married John Stinson in Limestone County, Texas, 18 January 1861. John Stinson died and Tensley Elizabeth married her deceased sister's widower, Silas H. Barber, 11 October 1868. Tensley Elizabeth (Posey) Stinson Barber died in Hill County, Texas, 18 August 1874. After Tensley Elizabeth's death, Silas went to the Creek Nation, Indian Territory, with his children and lived there with his son, Robert Thomas Barber. Silas H. Barber died in Oklahoma 12 October 1910 and is buried in the Twin Mounds Cemetery at Glenpool, Oklahoma. Tensley Elizabeth Posey's children by John Stinson: 1. Mary "Mollie" Frances Stinson was born at Hill County, Texas, 17 October 1863. Mollie was about eleven years old when her mother died. She went to the Creek Nation with her relations and applied for citizenship into the Creek Nation. Mollie married Thomas Milburn Stockton in Indian Territory 31 May 1891. Thomas had at least four children by a first marriage. Mollie applied for Creek Nation citizenship for herself and her first two sons. They are on the application with the 104 descendants of Benjamin and Eliza (Berryhill) Posey, dated 13 July 1895 (see Page 64-65). I don't find Mollie and her children on the Final Rolls of the Creek Nation, so they were probably denied citizenship as some of the other descendants were. In 1900, the family was living in Wagoner, Indian Territory. Thomas and Mary "Mollie" (Stinson) Stockton's children: A. Ray (Roy?) Milburn Stockton was born in the Creek Nation 1 April 1892. B. Harry Thomas Stockton was born in the Creek Nation 23 September 1893. C. Grover Cleveland Stockton was born in the Creek Nation 29 October 1896. D. Walter Warren Stockton was born in Wagoner, Indian Territory, 21 June 1901. 2. George W. Stinson was born in Texas 15 July 1867. Tensley Elizabeth Posey's children by Silas H. Barber: 3. Richmond Fielder Barber (twin) was born in Texas 16 August 1869. 4. Richard Watkins Barber (twin) was born in Texas 16 August 1869. 5. Hardy J. Barber was born in Texas 3 July 1872. 6. La Fayette E. Barber was born in Texas 17 May 1874. Some of Tensley Elizabeth's and Silas Barber's children applied for Creek Nation citizenship, but I don't find them on the Final Rolls of the Creek Nation. JAMES MARION POSEY J ames Marion Posey was born in Tallapoosa County, Alabama, 30 June 1842. He was the twelfth child born to Benjamin and Eliza (Berryhill) Posey. In 1846, James went with his parents to Nacogdoches County, Texas. James married Virginia Ann C. Allen in Limestone County, Texas, 6 September 1866. James Marion Posey died in Limestone County, Texas, 25 January 1870. After James M. Posey's death, Virginia married A. H. Garrett. James' and Virginia's children went to the Creek Nation and applied for citizenship into the Creek Nation. I don't find them on the Final Rolls of the Creek Nation. James Marion and Virginia Ann (Allen) Posey's children: 1. Anna M. Posey was born in Limestone County, Texas, 23 November 1868. Anna married James William Hicks in Limestone County, Texas, 11 May 1890. James W. and Anna M. (Posey) Hicks' children: A. A son who died as an infant. B. Ruth Hicks was born 3 July 1895. C. Paul Hicks was born 9 September 1896. D. Gladys Hicks. 2. James Marion Posey, Jr., was born in Texas 29 March 1870. James married Yancy Berryman. James died 20 May 1912. James M., Jr., and Yancy (Berryman) Posey's children: A. Delma Posey was born 4 March 1903. B. Cluree Posey was born in October 1906. Cluree married George Oswalt. C. Beatrice Posey was born 6 September 1907. D. Joe Posey. E. James Marion Posey, III. GEORGE WASHINGTON POSEY G eorge Washington Posey was born in Tallapoosa County, Alabama, 6 September 1844. He was the thirteenth child born to Benjamin and Eliza (Berryhill) Posey. In 1846, his parents moved the family to Nacogdoches County, Texas. George W. Posey died in Texas 11 May 1863. WILLIAM ANDREW JACKSON "BILL" POSEY W illiam Andrew Jackson Posey was born in Tallapoosa County, Alabama, 16 June 1846. He was the fourteenth child born to Benjamin and Eliza (Berryhill) Posey. In 1846, soon after his birth, Billy's parents took their children and moved to Nacogdoches County, Texas. Bill Posey married Elizabeth E. Wallace in Limestone County, Texas, 18 July 1865. Bill Posey and his family lived in Waco, Texas. In 1874, Bill Posey was arrested and convicted of horse stealing. It is said that the family had an overnight visitor and the next morning a stolen horse was found in Bill Posey's stable. Bill Posey became embittered over this false arrest and imprisonment. He escaped from prison and became an outlaw in Indian Territory. The Texas governor demanded that Bill Posey be taken "dead or alive." Bill Posey swore never to be taken alive and about 19 June 1877 he fought it out with the Creek Nation Light Horsemen and was killed between Okmulgee and Eufaula, Indian Territory. The Creek Nation made an "Orphans Payment" to Bill's orphaned children. I don't know when Bill Posey's wife, Bettie, died. She may have gone to the Creek Nation with their children before Bill was killed; or she may have died in Texas. Bettie had died by 1899. The children were in the Creek Nation in the 1870s. Two of their sons are on the 1890 Creek Roll (see Page 64), and three are on the Final Rolls of the Creek Nation. Creek Census Cards of the children of William Andrew Jackson "Bill" Posey: Dawes Name age sex DIB Father Mother No. Card 2224 P.O. Wagoner 13 April 1901 6806 Posey, M. A. (Matthew) 33 M 1/4 W. A. Posey Elizabeth Card 2229 P.O. Wagoner 15 April 1901 6813 Posey, Albert W. 32 M 1/4 W. A. Posey Elizabeth 6814 Leonard Earl son 4 M 1/8 No. 1 Mary Ann 6815 Elmer Carl son 1 M 1/8 No. 1 Mary Ann Newborn Card No. 847 Basin, Idaho 976 Posey, Mina E. 1 F 1/8 Albert W. Posey Mary A. Birthdate May 12, 1904 Card No. 736 P.O. Red Fork & Sapulpa 24 Aug. 1899 2425 Posey, Robert A. 27 M 1/4 William Posey Bettie 2426 Lee A. 6 M 1/8 No. 1 Flora 2427 Mary E. 4 F 1/8 No. 1 Flora 2428 William A. 2 M 1/8 No. 1 Flora William Andrew Jackson and Elizabeth E. (Wallace) Posey's children: 1. Matthew A. Posey was born in Waco, Texas, in 1868. I don't know what happened to him after the Creek Roll. 2. Albert W. Posey was born in Waco, Texas, 7 February 1869. Albert married Mary Ann in Indian Territory. Albert W. moved his family to Basin, Idaho, before 1904. Albert W. Posey died in Idaho in about 1953. Albert W. and Mary Ann Posey's children: A. Leonard Earl Posey was born in Indian Territory in 1897. B. Elmer Carl Posey was born in Indian Territory in 1900. C. Minnie E. Posey was born in Basin, Idaho, 12 May 1904. D. Ora Elizabeth Posey was born in Basin, Idaho, 20 December 1907. 3. Robert A. Posey was born in Waco, Texas, 21 June 1871. Robert married Flora. Robert Posey died in Sapulpa(?), Indian Territory, in February 1901. Robert A. and Flora Posey's children: A. Lee A. Posey was born in Indian Territory in 1893. B. Mary E. Posey was born in Indian Territory in 1895. C. William A. Posey was born in Indian Territory in 1896. ELIZA HULDA POSEY Eliza Hulda (Posey) Allen E liza Hulda Posey was born in Nacogdoches County, Texas, 9 October 1849. She was the fifteenth and the last child born to Benjamin and Eliza (Berryhill) Posey. Eliza grew up in Nacogdoches and Limestone Counties, Texas. She married Joseph M. Allen in Freestone County, Texas, 7 November 1867. Joseph was born in Georgia 9 July 1836. Eliza and Joseph Allen, and their children, went to the Creek Nation, and Eliza applied for citizenship in the Creek Nation for herself and her children. Eliza's father, Benjamin Posey, had made an affidavit in Limestone County, Texas, naming his children. This document was taken to the Creek Nation and presented to the courts in the Creek Nation, to establish citizenship into the Nation for his children and grandchildren. Eliza (Posey) Allen is named in this document. (See Page 62.) Following are affidavits and statements made in the Creek Nation for the citizenship of Eliza Hulda (Posey) Allen and her children: Case 83 - Eliza H. Allen Case Okmulgee M.N. July 23, 1895 Hon. Citizenship Commissions of the Muskogee Nation Gentlemen I Mrs. Eliza H. Allen as principal and representing her children and grandchildren, and one nephew and child appeared before Judge Reed then acting Judge of Muskogee Districk on July 16th 1883, and recognized by him as citizen by blood and have ever since resided here as contented as other Citizens. At the Extra Ordinary Session of Council of June 1895 we were placed on the doubtful Citizen Roll for reasons unknown to us. We ask your Honorable Body to take action at your earliest convenience and we feel we can prove to your satisfaction we are Citizens by blood. Hoping you will give us a favorable consideration we remain, Yours respectfully, Witnesses Mrs Eliza H. Allen Lucinda Smith Mat Posey Mary Jane Allen Covey Nathan Berryhill Jno Barber Eliza M. Allen Baysinger Geo. W. Berryhill Thos Barber John W. Allen H. C. Reed Benj. F. Allen Joe Mingo Mattie A. Allen Joseph Allen Nat'l Atty's Witnesses G. A. Posey (Nephew) Wm. T. McIntosh Pink Hawkins Mary J. Allen Covey's Children, Grandchildren of Eliza H. Allen John Covey Marquis Covey Eliza Allen Baysinger's Children Grandchildren of Eliza H. Allen Lummie Baysinger Nellie Baysinger G. A. Posey's child: Edward U. Posey Bond for One Hundred and Twenty Five Dollars signed by Mrs Mary H. Allen (s/b Eliza) as principal and Nathan and Geo Berryhill as surities was filed and approved by: J. H. Lynch James Colbert Clk. President of Commission * * * * * Testimony of ELIZA ALLEN I went before H C Reed when he was Judge of Muskogee Dist. and proved to his satisfaction that I was a Citizen of the Creek Nation by blood and received a Certificate from him to that effect. The Certificate that he gave me at that time was misplaced but I hold in its stead a sworn statement by H. C. Reed certifying that he issued a certificate of citizenship to me during the time he was Judge of Muskogee Dist. The date of the original certificate was July 16th, 1883. Q. Are all the names on the allegation your children? Yes. How much Indian blood have you? My father and mother both half Indians. In what year did you apply for citizenship? In 1883. Before whom? Judge Reed of Muskogee Dist. Was that the only time you applied for citizenship? Yes sir. Who were your witnesses? My father Benj. Posey and Lucinda Smith and Matthew Posey. I also had an affidavit sworn by Benj. Posey in Texas to be used by me in the case he could not be present at the time. Where did you live before you came here and applied for citizenship? In McLennon Co., Texas. Did your witnesses live in Texas at the time? No Lucinda and Matthew Posey were raised here in the Nation, my father moved here the same time I did. Were Lucinda Smith and Mathew Posey born here? Lucinda Smith was born here but Mat Posey was born in Texas and was brought here by his father when he was very small. Where was Reed when you proved your citizenship? He was at the house of Lucinda Smith where I was living at the time. Did Reed take the testimony of witnesses in writing? Yes but he only gave me a certificate. Did he have a clerk take the testimony? He had a man with him who was an Indian. Have you the certificate that the Judge gave you? No it was misplaced at Council. I was notified by Council that there were charges against me and I gave my certificate to the Committee and it was misplaced, I then went to Dave Anderson then Judge of Muskogee Dist. and he gave me another one that was lost in the same manner. Was the Man with Reed when you made your application acting his clerk? Yes he did the writing for him. Did you say Benj. Posey was your father? Yes he was my father. MY MOTHER AND FATHER WERE FIRST COUSINS AND THEY LEFT THE NATION BECAUSE IT WAS AGAINST THE LAWS OF THE CREEK NATION FOR COUSINS TO MARRY AND THEY FERED THEIR EARS WOULD BE CUT OFF. Is this the document you presented before Judge Reed as evidence in your case? Yes. To what town do you belong? Broken Arrow. Did your parents belong to that town? Yes. The following testimony is from LUCINDA (HOPWOOD) SMITH, Eliza (Posey) Allen's cousin, wife of Stephen Shelton Smith. Lucinda's parents were Samuel H. and Sarah "Sally" (Posey) Hopwood. What is your name? LUCINDA SMITH. Where do you live? Concharty Town. Are you a citizen of the Creek Nation? Yes sir. Mrs Eliza Allen is a first cousin of mine, her father and my mother were brother and sister. Mrs M. J. Allen Covey is the oldest daughter of Mrs Eliza Allen. Eliza Baysinger is also a daughter of Mrs Allen. John Allen and Ben Allen are sons of Mrs Eliza Allen. Mattie Allen is also her daughter, Joseph Allen is her youngest son. G. A. Posey is a nephew of hers, John and Marquis Covey are grand children of hers. Lummie and Nellie Baysinger are her Grand children. Edward Posey is also her grand child. These people are all Creeks and belong to Broken Arrow Town. These are all the descendants of Mrs Allen who proved her citizenship before Judge Reed? Yes. Did she receive a certificate of citizenship from Reed? Yes sir. In what year? 1883. Were you a witness in her behalf before Judge Reed? Yes sir. Have these folks been recognized citizens of the Nation since? Yes sir. How much Indian blood has Mrs Allen? Her mother and father were both half Indians. Do you know Mrs Allen? Yes sir. Where was she born? In Texas. How old is she? I don't know exactly. Did you know her mother? I never saw her. Did you know her father? Yes sir. Was he a White man? No HER FATHER WAS MY MOTHER'S BROTHER HE WAS A CREEK INDIAN. What was his name? Benj. Posey. How old a man was he? He was born in 1806. Did he ever live in the Creek Nation? Not a great while, he did not live long after he came. Did he have a home here? No he died before he made a home. He came here in the Spring and died the following August. What year did he come here? 1883. When did he die? August 1883. Was he a full blood Indian? No. What was the other blood? White. Was his father or mother Indian? His mother. DO YOU KNOW HIS MOTHER? YES SHE WAS MY GRANDMOTHER [Nancy Berryhill Posey, TNC]. How old are you? Going to 64 years. Where were you born? In the Creek Nation. Did you say the old man lived here a little while? Yes sir. Do you know why he left the country. No I don't know. Did you know Mrs Allen's mother? No I never saw her but I have always been taught to believe that she was part Indian. Testimony of NATHAN BERRYHILL What is your name? NATHAN BERRYHILL. Where do you live? 5 miles north of Okmulgee. Are you a citizen of C.N.? Yes sir. Mrs Allens case was tried and she was acknowledged a citizen before I came here. I have been here about 5 years and she was here a citizen when I came here. So far as I can remember or been informed it has been my understanding that she proved her citizenship. I know of my own personal knowledge that she is a Creek by blood. WHAT RELATION IS MRS ALLEN TO THE BERRYHILLS? SHE IS THE DAUGHTER OF A BERRYHILL WOMAN AND HER FATHER WAS ALSO OF BERRYHILL BLOOD, WHOSE NAME WAS BENJ POSEY. WERE THE BERRYHILLS INDIANS. Yes sir. Do you know whether Mrs Allen prove her citizenship before Judge Reed? No it was before I came here. How old are you? Going on 67 yrs. Where were you born? Georgia. How old is Lucinda Smith? No I never knew her until last summer. [This is the way this document ended. TNC] Testimony of G. W. [GEORGE WASHINGTON] BERRYHILL [son of John Dallas Berryhill] What is your name? G. W. BERRYHILL. Where do you live? 10 miles below Wealaka on the Ark. River. Are you a citizen of the C.N.? I am, I came here and applied for citizenship in Council in 1883. I met Mrs Allen here at that time and was the first time I ever saw her. They had her case before the Committee at the same time I was before it. I do not think they passed her case at that time. I was here the next fall at Council and I think I met her again and at that time her case was before the H Of K (House of Kings) and was being defended by Joe Mingo. I think the H of K passed favorably on her case. I know of her having lost at least three certificates. Is Mrs Allen a Creek Citizen? I know that she had certificates. Who gave her certificates? David Anderson Judge of Muskogee Dist. What year was that? I don't remember exactly. About what year? 1890 or 1892, I can't be positive. Who were her witnesses before Reed? I was not here at the time and don't know but it was my understanding that she made application before Reed about 2 yrs before I came here. Do you know of your own personal knowledge that she is an Indian by blood? From talking with her I got it that she and I are first cousins. How old are you? I am 61 yrs old. Testimony of Joe Mingo: What is your name? Joseph Mingo. Where do you live? Coweta Dist. Are you a citizen here? I am Town Chief of Broken Arrow. Their names were given to me as town chief and I put them on the census roll of my town. There was an objection made against them in Council? The charge was that they had paid Reed to issue them certificates but there was no evidence to prove that such was the case. I was a member of Council and helped them out all I could. I told Council that they had been admitted according to Law and I did not think the Council had anything further to do with the case. I quoted Sec 2, Art B of the Constitution of M.N. and they have been on the census roll of my town ever since until the Census Comte put their name on the doubtful list and that was done simply because the town members were all new members and did not know who these people were. In what year did their case come up before Council? I don't remember exactly. Do you know that Mrs Allen is a citizen of M.N.? Only by their holding certificates of citizenship. How did you know that they were members of the Broken Arrow Town? Judge Stidham and Jackson Doyle told me they were. Did they ever draw the per Capita money? Yes they drew the Per Capita of $29.00. Are all the descendants of Mrs Allen still living? Yes but they are not all present. Testimony of Pink Hawkins (for the Creek Nation) I knew Benj. Posey on the other side of Ark. River, he was living near the Verdigris River. I first knew (him) when I was a young man. It was about 2 yrs after the McIntosh Party came to this country. I always thought he was a white man. There was a large family of them at the time. They were mixed up with the BERRYHILL AND HOPWOOD families and I always considered them white people. The country was in a very unsettled condition at that time and I always thought they were allowed to remain here on account of services they might be called upon to render. THEY WERE CATAWBAS and I don't know of ever they being adopted by Creeks. They were living on the boarder of the nation and I was not intimately acquainted with them. Do you know Mrs Allen and others were placed upon the doubtful list? No I know nothing about it. Do you know Mrs Allen? No. Are you a citizen of M.N.? Yes. To what town do you belong? Hilliepi. Were you raised in Broken Arrow Town? No I never was there. Are you well acquainted with B. A. [Broken Arrow] people? No I am not. Do you know what became of Ben Posey? No I don't. Did you say you always thought they were white people? Yes. Do you know if Mrs Allen is a citizen of C.N. or not? No. Do you think from appearance of her father that she could possess In. blood? No. Can you swear that Mrs Allen is not an Indian? No. Was Ben Posey an Indian or not? I think not. Do you know of your own personal knowledge that Ben Posey was not a Creek Indian? No. Did you say that the Posey family came to this country with the Creeks from the Old Country? I don't know they were here when I came. Did you ever know more than one Ben Posey in the Nation? No only one. What is your age as near as you can tell? I was born one year after the Red Stick War and that would make my age about 82. Do you think Ben Posey was older or younger than you? I think he was older. DID YOU SAY BEN POSEY WAS A RED HAIRED MAN? YES. Note! Pink Hawkins was a son of Samuel Hawkins, who was killed with General William McIntosh. His mother was not the daughter of General McIntosh, but by another wife of Samuel Hawkins named Ah koh kee. Pink Hawkins was born in 1809 and died in 1901. I believe that Pink Hawkins confused Benjamin Posey, who had never lived in the Creek Lands West, with Samuel H. Hopwood, who had red hair and married Ben Posey's sister, Sally. IS PINK HAWKINS SAYING THAT THE BERRYHILLS HAD CATAWBA BLOOD? We know that Elizabeth Derrisaw was of Creek Indian Blood, but John Berryhill may have been of Catawba blood. The following are sons of Silas H. and Sarah Ann (Posey) Barber, testifying for ELIZA HULDA (POSEY) ALLEN, their aunt. (See "Barbers", Pages 66-72.) About 1896 Testimony of ROBERT THOMAS "TOM" BARBER: What is your name? Tom Barber. Where do you live? 25 miles west of here in this Dist. Are you a citizen of M.N.? Yes sir. Did you know Ben Posey? Yes sir. Do you know how old he was when he died. No not exactly. What kind of a looking man was he? He was always considered a Creek Indian and that he got his Creek from the BERRYHILLS. HE WAS A VERY DARK SKIN WITH BLACK HAIR AND EYES. HE WAS CRIPPLED IN HIS RIGHT KNEE. His leg was bent in shape so as you could not tell it when he was sitting down and he had a wooden leg made to fit his knee and used in walking. How old are you? I am 49 years old. How old were you when you knew Ben Posey? So far as I can remember anything. Was he born cripple? No it was my understanding that he crippled himself accidently. Was he crippled after he grew to be a man? I don't know I have ever heard him say. Testimony of JOHN C. BARBER: What is your name? John Barber. Where do you live? At Wagoner. Are you a citizen of M.N.? Yes sir. MRS ALLEN IS MY AUNT, she proved her right in the Nation before I did and has been recognized as such. Do you know Benj. Posey? Yes he was a Creek Indian and had black hair. He looked to be about a half breed Indian. He was a crippled man and had a wooden leg made to fit his knee. How old are you? I am 42 yrs. old. When did you know Ben Posey? I knew him ever since I was a small boy. You said Ben Posey was cripple, how old was he? I couldn't exactly say, I don't remember. Was he born lame? He told me he became crippled after he was grown. He did not tell me how old he was when he became crippled. Did Ben Posey live in the M.N.? I never saw him after he came here. Who were her (Eliza Allen) witnesses before Reed? I was not here at that time and don't know but my understanding that she made application before Reed about two years before I came here. Do you know that she is an Indian by blood? [There was no more to this document on my microfilm. TNC] Children of Joseph and Eliza H. Allen: 1. Mary Jane Allen married Byron Covey. 2. Eliza M. Allen married, first, Ellis Baysinger; and second, Lewis P. McGuire. 3. John W. Allen married Cora Lou Maddox. 4. Benjamin T. Allen never married. 5. Mattie M. Allen married William R. Sherrill. 6. Joseph M. Allen, never married. Following are the Creek Census Cards of Eliza Hulda (Posey) Allen and her children: Dawes Name age sex DIB Father Mother No. Card No. 595 P.O. Mounds 29 June 1899 1929 Allen, Eliza H. 50 F 1/2 Benj. Posey Eliza Card No. 535 P.O. Red Fork 27 June 1899 1752 Covey, Mary J. 30 F 1/4 Joe Allen Eliza H. 1753 John son 12 M 1/8 Byron Covey No. 1 1754 Marcus William son 8 M 1/8 Byron Covey No. 1 1755 Byron L. son 8 mo M 1/8 Byron Covey No. 1 Card No. 539 P.O. Mounds 27 June 1899 1756 Baysinger, Eliza 29 F 1/4 Joe Allen Eliza H. 1757 Columbus son 9 M 1/8 Perry Baysinger No. 1 1758 Nellie dau 5 F 1/8 Perry Baysinger No. 1 1759 William son 2 M 1/8 Perry Baysinger No. 1 [*The father and husband that I have is Ellis Baysinger. TNC] Card No. 540 P.O. Bixby 27 June 1899 1760 Allen, John W. 26 M 1/4 Joe Allen Eliza H 1761 Suey M. dau 1 F 1/8 No. 1 Cora 1762 Joseph W. son 9 dys M 1/8 No. 1 Cora New Born Card No. 70 P.O. Bixby 109 Allen, Millard E. 1 M 1/8 John W. Allen Cora Lou Birthdate 7 December 1904 Card No. 541 P.O. Mounds 27th of June 1899 1763 Allen, Benjamin T. 25 M 1/4 Joe Allen Eliza H. Card No. 542 P.O. Bixby 27 June 1899 1764 Sherrill, Mattie M. 23 F 1/4 Joe Allen Eliza H. Joseph M. Allen died in Keifer, Oklahoma, 6 November 1913. Eliza Hulda (Posey) Allen died in Keifer, Oklahoma, 22 February 1930. Both are buried in the Twin Mounds Cemetery at Glenpool, Oklahoma. Joseph M. and Eliza Hulda (Posey) Allen's children: 1. Mary Jane Allen was born in Texas 28 August 1868. She was the first child born to Joseph and Eliza Hulda (Posey) Allen. Mary Jane married Byron L. Covey in Indian Territory about 1886. Byron Covey was born in Missouri in December 1856. Byron and Mary Jane settled in Jenks, Oklahoma. Mary Jane (Allen) Covey died in 1935 and Byron Covey died in 1936. Both are buried in the Covey Cemetery at Jenks, Oklahoma. Byron L. and Mary Jane (Allen) Covey's children: A. John Moss Covey was born in Indian Territory 6 April 1887. John married Virginia Bell in Oklahoma 11 December 1907. Virginia (Bell) Covey died 23 June 1966. John Moss Covey died 4 November 1974. Both are buried in the Covey Cemetery at Jenks, Oklahoma. I have nothing on their children. B. Marquis William Covey was born in Indian Territory 27 July 1891. Marquis married Frances E. (-?-). Marquis William Covey died 8 January 1977. He is buried in the Covey Cemetery at Jenks, Oklahoma. I have nothing on their children. C. Byron L. Covey, Jr., was born in Indian Territory 24 October 1898. I believe Byron married Cora Brown. 2. Eliza M. Allen was born in Texas 6 October 1869. She was the second child born to Joseph and Eliza Hulda (Posey) Allen. Eliza married Ellis Baysinger in Indian Territory about 1888. Ellis Baysinger died in Indian Territory 22 April 1900. He is buried in the Twin Mounds Cemetery at Glenpool, Oklahoma. Eliza's second marriage was to Lewis P. McGuire in Indian Territory in 1901. Lewis was born in Kentucky in 1882. Eliza M. (Allen) Baysinger, McGuire died 22 August 1949. She is buried in the Bixby Cemetery at Bixby, Oklahoma. Eliza M. Allen's children by Ellis Baysinger: A. Columbus "Lummie" Baysinger was born in Indian Territory in December 1889. He married Omah Boyd. Columbus died in 1967 and is buried in the Bixby Cemetery at Bixby, Oklahoma. I have nothing on their children. B. Nellie May Baysinger was born in Indian Territory 20 January 1893. Nellie married Ernest Lloyd Worsham. Ernest Worsham died in 1936. Nellie May (Baysinger) Worsham died 26 March 1970. Both are buried in the Bixby Cemetery at Bixby, Oklahoma. I have nothing on their children. C. William Baysinger was born in the Creek Nation 24 November 1896. Eliza M. Allen's children by Lewis P. McGuire: D. Lewis McGuire, Jr., was born 13 June 1902. Lewis died at five days old, 18 June 1902. Lewis P. McGuire, Jr., is buried in the Twin Mounds Cemetery at Glenpool, Oklahoma. E. Oscar H. McGuire was born in Indian Territory about 1904. Oscar died 16 October 1948 and is buried in the Bixby Cemetery at Bixby, Oklahoma. F. Joseph McGuire was born in Bixby, Oklahoma, 24 July 1907. He married Laura. Joseph McGuire died 6 August 1977 and is buried in the Bixby Cemetery at Bixby, Oklahoma. G. Paul McGuire was born in Oklahoma 15 September 1908. Paul died in 1949 and is buried in the Bixby Cemetery at Bixby, Oklahoma. 3. John W. Allen was born in Texas 3 January 1872. He was the third child born to Joseph and Eliza Hulda (Posey) Allen. John married Cora Lou Maddox in Indian Territory 21 October 1896. Cora Maddox was born in Missouri, the daughter of Millard E. and Mary L. Maddox. John W. Allen died 13 March 1960. John W. and Cora Lou (Maddox) Allen's children: A. Wesley Allen was born in Indian Territory and died as an infant before 1900. B. Iva M. Allen was born in Indian Territory in January 1898. C. Joseph William Allen was born in Indian Territory 20 November 1899. D. Violet Allen was born in Indian Territory 21 February 1902. Violet died 4 August 1904 and is buried in the Twin Mounds Cemetery at Glenpool, Oklahoma. E. Vetress Allen was born in Indian Territory 3 June 1903. Vetress died 6 February 1904 and is buried in the Twin Mounds Cemetery at Glenpool, Oklahoma. F. Millard Edward Allen was born in Indian Territory 7 December 1904. Millard married Opal O. Mussen in 1926. Opal (Mussen) Allen died 21 April 1978 and is buried in the Bixby Cemetery at Bixby, Oklahoma. Millard E. and Opal (Mussen) Allen's children: a. John W. Allen, II. b. Richard Edward Allen. c. Emma Lou Allen. G. Harry Eugene Allen was born 15 May 1907. He married Grace Boswell. H. An infant son born 18 May 1909 and died 24 July 1909. I. Jewell Allen was born 18 August 1910. Jewell married Dan Merchant. 4. Benjamin T. Allen was born in Texas 1 February 1874. He was the fourth child born to Joseph and Eliza Hulda (Posey) Allen. Benjamin never married. He was a member of the Odd Fellows. Benjamin T. Allen died in Kiefer, Oklahoma, 6 March 1940. He is buried in the Bixby Cemetery at Bixby, Oklahoma. 5. Mattie M. Allen was born in Texas 17 September 1876. She was the fifth child born to Joseph and Eliza Hulda (Posey) Allen. Mattie married William R. Sherrill. William was born 13 August 1868. William Sherrill died 13 November 1929. Mattie M. (Allen) Sherrill died 26 August 1964. Both are buried in the Bixby Cemetery at Bixby, Oklahoma. William and Mattie M. (Allen) Sherrill's children: A. Wesley Sherrill was born 28 August 1898. Wesley died 19 September 1898 and is buried in the Twin Mounds Cemetery at Glenpool, Oklahoma. B. Luther Sherrill was born 1 February 1900. Luther died 3 September 1900 and is buried in the Twin Mounds Cemetery at Glenpool, Oklahoma. C. Grace Sherrill was born in 1903. Grace married Harry Lloyd Lamby who was born in 1897. Grace (Sherrill) Lamby died in 1957. Harry Lamby died in 1967. Both are buried in the Bixby Cemetery. Lloyd and Grace (Sherrill) Lamby had a son, Jerry W. Lamby, who died in 1940 and is buried in the Bixby Cemetery. D. Vera Sherrill was born in 1907. Vera married E. J. Shultz. Vera (Sherrill) Shultz died in 1931 and is buried in the Bixby Cemetery. 6. Joseph M. Allen, Jr., was born in Texas 1 January 1879. He was the sixth child born to Joseph and Eliza Hulda (Posey) Allen. Joseph died in Kiefer, Indian Territory, 15 October 1896 and is buried in the Twin Mounds Cemetery at Glenpool, Oklahoma. WILLIAM POSEY W illiam Posey was born in the Old Creek Nation, Georgia, 12 January 1812. When William was about fifteen years old his mother, Nancy (Berryhill) Posey, took him to the Western Creek Lands. Not much is known about William Posey. He married Harriet (-?-). William and Harriet died, leaving at least one young child. Some say that this child was born in Texas, but the Creek Indian records say that this child was born in Indian Territory. Following is information on their son, Lewis Henderson "Hense" Posey and his descendants. LEWIS HENDERSON "HENSE" POSEY L ewis Henderson Posey was born in the Creek Nation, Indian Territory, in April 1843. He is the only child that I have found born to William and Harriet Posey. After Hense Posey's parents died, he was raised near Fort Gibson by an aunt. This aunt may have been William Posey's sister, Sarah "Sally" (Posey) Hopwood. Hense grew up in the Creek Nation and attended Mr. Robertson's school in the Creek Nation. Hense Posey first married (-?-) Yargee. They had two children. Both of these children and Hense Posey's wife died. Hense then married Nancy Harjo-Phillips, by Creek Nation Law, in October 1872. Nancy was a full-blood Creek Indian girl of Tuskegee Tribal Town, born in the Creek Nation in 1857. Nancy's father was Pathos Harjo. Harjo was the family Creek Indian name, and Phillips was the English name. Nancy spoke only the Creek Language. Hense and Nancy Posey settled in Tuskegee Town then moved their family to Eufaula, Creek Nation. They were the parents of thirteen children, the oldest a son, the famous Alex Posey. Lewis Henderson "Hense" Posey was a Deputy U.S. Marshal at Fort Smith, Arkansas, and later served with the Creek Light Horsemen of the police force of the Creek Nation. Lewis and Nancy were living in Eufaula, Indian Territory, in 1900. Lewis Henderson "Hense" Posey died at Bald Hill, Creek Nation, Indian Territory, 17 January 1901. In 1910, Nancy (Harjo-Phillips) Posey was living in Hughes County, Oklahoma, with three children still living at home. Nancy (Harjo-Phillips) Posey told her grandchildren that GEORGE W. STIDHAM was Hense Posey's uncle. In a statement by one of John Dallas Berryhill's grandchildren it is mentioned that George W. Stidham's mother was a Berryhill. (I have never been able to get the information to find this connection. TNC.) Lewis Henderson "Hense" and Nancy (Harjo-Phillips) Posey's children: 1. Alexander Lawrence "Alex" Posey was born in the Creek Nation 3 August 1873. He married Minnie Harris 9 May 1896. Alex Posey died 27 May 1908. Alexander Lawrence and Minnie (Harris) Posey's children: A. Yahola Irving Posey was born in March 1897. Yahola Irving Posey died in 1970 in Arizona. His daughter married A. Lee Moore, Jr. B. Pachina Kipling Posey was born in March 1899. Pachina Kipling Posey died 17 June 1900, at the age of fifteen months. C. Wynema Torrans Posey was born in the Creek Nation 6 February 1902. Wynema married Thomas Bain. More information on Alexander Lawrence "Alec" Posey is on Page 106. 2. Melissa B. Posey was born in the Creek Nation in 1875. Melissa married John E. Emery about 1896. Their children: A. Byron Posey Emery was born in the Creek Nation in 1897. B. John Gladstone Emery was born in the Creek Nation in 1898. 3. William Posey was born in the Creek Nation in November 1876. 4. Frank Posey was born in the Creek Nation in 1877. Frank married, first, Emma Mingo, daughter of Joe and Louisiana (Lovett) Mingo; and second, Carrie Mingo, sister of Emma and daughter of Joe and Louisiana (Lovett) Mingo. I don't know if Emma had died. Frank Posey's child by Emma Mingo: A. Gertrude Posey was born in the Creek Nation in 1899. Frank Posey's child by Carrie Mingo: B. Eliose Posey was born in Coweta, Indian Territory, 28 June 1904. 5. John Posey was born in the Creek Nation in May 1881. 6. Mattie Posey was born in the Creek Nation in April 1883. 7. Connie Posey (son) was born in the Creek Nation in July 1885. 8. Horace Posey was born in the Creek Nation in February 1887. 9. Darwin Posey was born in the Creek Nation in February 1889. 10. Josephine Ella Posey was born in the Creek Nation in July 1891. 11. Mendum Posey was born in the Creek Nation in May 1893. 12. James Posey was born in the Creek Nation in 1894. James died before 1 April 1899. 13. One child whose name I do not know. Following are the Creek Census Cards of Hense and Nancy (Harjo) Posey and their children: Dawes Name age sex DIB Father Mother No. Card No. 892 P.O. Mounds 3 Oct 1899 2896 Posey, Lewis H. 56 M 1/16 William Posey Harriet 2897 Nancy wife 42 F full Parthose Harjo unknown 2898 John son 20 M 1/2 No. 1 No. 2 2899 Mattie dau 18 F 1/2 No. 1 No. 2 2900 Conny son 15 M 1/2 No. 1 No. 2 2901 Horace son 10 M 1/2 No. 1 No. 2 2902 Darwin son 8 M 1/2 No. 1 No. 2 2903 Ella dau 6 F 1/2 No. 1 No. 2 2904 Mendum son 3 M 1/2 No. 1 No. 2 Card No. 1132 P.O. Eufaula 8 Dec 1899 3671 Posey, Alexander L. 26 M 1/2 Lewis H. Posey Nancy 3672 Irving son 2 M 1/4 No. 1 Minnie 3672 Kipling son 9 mo M 1/4 No. 1 Minnie No. 3 died the 17th of June 1900 New Born Card No. 3 P.O. Muskogee 4 Posey, Wynema Torrans 3 F 1/4 Alexander L. Posey Minnie Card No. 847 P.O. Reddin 25 Sept 1899 & 22 May 1901 2745 Emery, Melissa 24 F 1/2 L. H. Posey Nancy 2746 Emery, Byron Posey son 1 1/2 M 1/4 John E. Emery No. 1 2747 Emery, Jones Gladstone son 1 M 1/4 John E. Emery No. 1 Card No. 896 P.O. Eufaula 5 Oct. 1899 2910 Posey, William 23 M 1/2 L. H. Posey Nancy Card No. 667 P.O. Coweta 13 Aug. 1899 2199 Posey, Frank 22 M 1/2 L. H. Posey Nancy 2200 Emma wife 19 F full Joe Mingo Louisiana 2201 Gertrude dau 4 mo F 3/8 No. 1 No. 2 Newborn Card No. 902 P.O. Coweta 686 Posey, Eloise 1 F 3/8 Frank Posey Carrie Birthdate 28 June 1904 ANDREW JACKSON POSEY A ndrew Jackson Posey was born in the Old Creek Nation, Georgia, 10 June 1818. He was the last child born to Nancy (Berryhill) Posey and her husband. Andrew was about nine years old when his mother moved with him to the Creek Lands West. I don't believe Andrew was married by 1856, and I believe he is the Andrew Posey on the Old Settlers Creek Roll of Coweta Town, No. 121. I don't find Andrew on the 1859 Creek Nation Payment Roll, a Per Capita Payment for the Creek Indians after the Treaty of 1856, relinquishing land for the settlement of Seminole Indians. Andrew may have died by 1859; or he may have moved to the States. ALEXANDER LAWRENCE "ALEX" POSEY Alexander Lawrence Posey was born near Eufaula, Indian Territory, 3 August 1873. He was the first child born to Lewis Henderson "Hense" and Nancy (Harjo) Posey. Alex grew up in the Creek Nation. Alex's mother was a full-blood Creek Indian woman and Alex spoke only the Creek Indian language for the first few years of his life. His father finally insisted that he speak the English language and would not answer Alex unless he spoke to him in English. When Alex was small, his father hired a private tutor for him and his brothers and sisters. When he was seventeen years old, Alex entered Bacone School at Muskogee, Creek Nation. Next he was entered into a public school at Eufaula, then on graduation he attended the Indian University where he remained about five years. He graduated from the university in 1895. During the years at the university, Alex had worked on a school newspaper. After graduation from the university he started a school at home, and among his students was his cousin, William Thomas Gilcrease, a great grandson of Catherine (Berryhill) and John Self. Catherine (Berryhill) Self and Alex's great grandmother, Nancy (Berryhill) Posey, were sisters. Thomas Gilcrease became the founder of the "Thomas Gilcrease Institute of Art and History" in Tulsa, Oklahoma. Alexander Lawrence "Alex" Posey was a poet, journalist and teacher. In 1895, Alex entered Creek Nation politics and was elected to the House of Warriors. In 1896 he was superintendent of the Creek Orphanage at Okmulgee, Indian Territory (Oklahoma). Alex Posey met his wife and offered her a position as a teacher at his school. Minnie Harris and Alex Posey were married at the orphanage in Okmulgee 9 May 1896. Minnie Harris was born in Fayetteville, Arkansas. In 1897 Alex was appointed Superintendent of Public Instruction of the Creek Nation. He also worked with the Dawes Commission, enrolling the Creek Indians. Alexander Lawrence Posey is considered the most brilliant and gifted of the Creek Indians. Alexander Lawrence "Alex" Posey died at the age of thirty in a drowning accident in a flood of the Canadian River, 27 May 1908 and is buried close to Eufaula, Oklahoma. Alex wrote many poems, some to his wife and children. Many of the poems have been published by his family. Chapter Three MARTHA "PATSY" BERRYHILL Martha "Patsy" (Berryhill) McGaha M artha "Patsy" Berryhill was born in the Old Creek Nation, Georgia, 26 October 1785. Patsy was the third child born to John and Elizabeth (Derrisaw) Berryhill. She grew up in the Old Creek Nation. Patsy married Benjamin McGaha, date and place unknown. Benjamin and Patsy lived in the Creek Nation after their marriage. In 1827, they went with Patsy's parents and brothers and sisters to the Creek Lands West in the First Party of McIntosh Creeks. I believe Benjamin traveled by and worked onboard a flatboat and Patsy traveled by land with her family. They settled in the fork of the Arkansas and Verdigris Rivers with the members of Patsy's family who had gone west. Benjamin McGaha signed as a witness to the Creek Memorial dated 7 March 1892. (See Pages 12-14.) In 1834, Benjamin McGaha put in a claim with the United States Indian Department for helping with the emigration to the west. Following is a copy of this document: The United States Indian Department No. 10 BENJAMIN MCGAHA Dr. 1827 To services of one wagon, four horses and one teamster employed in transporting Baggage for Creek Emigrants seven days Furnishing forage for the horses at $4.00 per day 28.00 1827 To services of a small wagon and one horse in transporting Baggage for Creek Emigrants four days at $2.50 per day 10.00 1827 To furnishing rations for two persons for 30 days commencing in March and ending in April 1827, being 60 rations at 6 cents per ration 3.60 1827 To 40 days on board a flat boat at 1.00 per day 40.00 $81.60 I do hereby certify upon my word and honor that the foregoing account, amounting to $81.60 is justly due me from the United States and that I have never received payment for the same or any part thereof. Given at the Creek Agency this tenth day of December 1834. Witness his John Wade Benjamin X McGaha mark In a statement in 1896, made in the Creek Nation, for the citizenship of Mary Jane (Wills) O'Neal, granddaughter of William I. and Betsy (Berryhill) Wills, Martin Smith, a Creek Indian for the Creek Nation, made the following statement: There was only ONE BERRYHILL WOMAN that came to this country and her name was PATSY BERRYHILL, who died here without children. . . . Martin Smith didn't go west in 1828 when the McIntosh party did, but arrived there sometime between 1836 and 1840 with the forced removal, so he wouldn't know all of the Berryhill daughters. We know that Benjamin and Martha "Patsy" (Berryhill) McGaha went to the western Creek lands without children as Benjamin only shows a claim to the Indian Department for himself and Patsy. They may have had children who were of age when they went west, and these children stayed in Alabama or Georgia. I don't find any McGaha children on the 1832 Creek Census East, unless they were listed by an Indian name. Martha Patsy (Berryhill) McGaha died in the Creek Nation West before the 1856 Old Settlers Creek Roll. I believe Benjamin McGaha, after Patsy's death, returned to either Alabama or Georgia. Chapter Four ELIZABETH "BETSY" BERRYHILL Elizabeth "Betsy" (Berryhill) Wills E lizabeth "Betsy" Berryhill was born in the Old Creek Nation, Georgia, about 1787. Since I don't have Betsy's estimated year of birth from a census, I am placing her as the fourth child of John and Elizabeth (Derrisaw) Berryhill because of the date of her son's birth. Betsy Berryhill grew up in the Old Creek Nation and married William I. Wills about 1804. William I. Wills was also of Creek Indian blood and was a member of Tuckabatchee Tribal Town. I don't know who his parents were. William and Betsy went to the Western Creek Lands in the Second McIntosh Party that arrived in November 1828, and settled in the fork of the Arkansas and Verdigris Rivers, near Betsy's parents. Following is a statement of John Reed, a Creek Indian, on the harassment that he and William I. Wills received from the hostile faction of the Creek Nation, who were against the McIntosh Party emigrating west. I the undersigned Indian of half blood do Certify that I was personally present at the time WILLIAM I. WILLS and myself was at my mothers near Line Creek when two Indian Chiefs Tuskeenau and Jim Boy came there and in a very insulting manner talked about and objected to the Emigration -- and Tuskeenau drew a sword out of a cane and pointed it at WILLS and signified he would kill him and at the other time and previous - the said two Chiefs was at this other hous the[y] said I was rong in for going and that I ought not to go and ordered me out of the hous and used language extreamly insulting - I can speak English and Indian and understand them well I fully believe there hole objection was becaus we were about to Emigrate -- May 18th, 1828 John Reed Following is a letter to the Secretary of War of the United States, written by some of the members of the second Party of McIntosh Creeks, while they were on their way to the Western Creek Lands. Included in the signatures is that of William I. Wills. Indian Camp Creek Nation The Honor' Thomas R. McKinney Sir We the undersigned being part of the Emegrating Party of the Indians now on our way for the Arkansaw:-- deem it our duty to state to the government of the United States the faults in violation to the treatment of the Indians who is oposed to emigration - during the time we were in camp near Lewis' Stand horses were stolen from us which we made complaint to Col. Brearley who was then in Washington City -- the horses we then complained of was actully stolen of which we have the proof but they have been recovered but when we left that camp allmost every night we have had some taken more or less seventeen in one night - - in the morning they were persued and part off them recovered when they were found the bells were taken off with some hickry bark a flat string and ropes around their necks, the whole we have lost and we made the complaint above mentioned is twenty seven - ten which is entirely gone unless we [are] fortune than we expect the Chief of this party has come this conclusion not to take any from the other party as is Indian custome but to rely on the government for a fare investigation and make the Nation accountable for horses. We are the people that is in accordance with the views of the government and therefore we do expect and hope that you will see that we have justice done us -- it is useless for us to call on the Chiefs for justice for they are offended with us for doing as the government desires -- We remain your children etc-- Different Towns (Marks) Hitchita Benjamin X Lott John Winslett Coweta K. Lewis Samuel X Sells Senow X Way Chewackley Powes X Hargo Coweta Coe X Marthley Oak X mulgee Micco Chewackley Tuske X neha Thach X le Hargo Coosuwada Potch X Hargo Cose X Yohola Cuseta Arthis X Hargo Thloch X quee chee Tuckabatchee David X Pigeon WM. I. WILLS William I. Wills signed as a witness on the Creeks West Memorial on 7 March 1829. (See Pages 12-14.) William I. Wills stayed in the Western Creek lands for a few years, then left the Creek Nation in the late 1830s and went to Nacogdoches County, Texas. I don't know if Betsy (Berryhill) Wills had died in the Creek Nation, or if she was still living and went to Texas with William. I am certain of only one child born to William I. and Betsy (Berryhill) Wills, and that is William Wills, Jr., who settled in Van Zandt County, Texas. I feel certain that Vardy J. Wills was a descendant, but not a son (most likely a grandson), but not a son of William Wills, Jr. Vardy J. Wills was born in the Creek Lands West about 1830 and went to Texas and married Georgianna Berryhill, daughter of Betsy (Berryhill) Wills' brother, William Berryhill. Vardy J. and Georgianna Wills named their first child William I. Wills. (See Vardy J. and Georgianna (Berryhill) Wills with William Berryhill and his family, Chapter Six.) WILLIAM I. WILLS, JR. W illiam I. Wills, Jr., was born in the Old Creek Nation on 10 August 1804. William grew up in the Old Creek Nation. In 1828, he started to the Creek Lands West with his parents, William I. and Betsy (Berryhill) Wills, but decided to leave the McIntosh Party in Alabama. William, Jr., stayed in Alabama for a while, then went to Tennessee and married Mary "Polly" Phillips in 1834. William, Jr., and Polly settled in Robertson County, Tennessee, then moved to Texas in 1848. They stopped in the Creek Nation first, probably looking for William's father and mother and not finding them there, went to Texas. William, Jr., and Polly Wills settled in Kaufman County, Texas; then, after 1850, they moved into Van Zandt County and established a ranch there, where William raised Long Horn cattle. William built a cedar log cabin for himself and his family. Travelers stopped by the Wills' home and were treated with much hospitality. Polly Wills called their home "Travelers Rest." William built corrals for herds of cattle that were driven through the country and his home was then called "Wills' Stand." A town grew up around William Wills' ranch and was called "Iola." Settlers started moving into the town from many places. John A. O'Neal built the first house in the town and later married one of William's and Polly's daughters. Before his death, William Wills, Jr., donated the land for the right-of-way for the first railroad, the Texas Pacific Railroad; and the first train went through on the Fourth of July 1875. The town of Iola was renamed "Wills Point," as it had been called that for years. The town was incorporated in 1880. William I. Wills, Jr., died in Wills Point, Texas, 28 September 1864. Polly stayed in their home until her death. Mary "Polly" (Phillips) Wills died in Wills Point 6 June 1892. Both William and Polly Wills are buried in the White Rose Cemetery in Van Zandt County, Texas, in the "Wills Family" fenced plot. The "Wills Cabin" still stands in Wills Point, Van Zandt County, Texas, and is an historical site, now used as a clubhouse. William, Jr., and Mary "Polly" (Phillips) Wills' children: 1. Elizabeth Margaret Wills was born in Robertson County, Tennessee, in 1835. Elizabeth married (-?-) Estes before 1860 in Texas. 2. Mary Jane Wills was born in Robertson County, Tennessee, in 1838. Mary Jane married John A. O'Neal in Texas. 3. William E. H. Wills, III, was born in Robertson County, Tennessee, in 1844. William married Narcissa J. Creswell in 1866 in Texas. 4. Finnis C. Wills was born in Robertson County, Tennessee, in 1846. Finnis married Bethena Creswell in 1871 in Texas. 5. Martha Tennessee. Wills was born in Kaufman County, Texas, in 1849. Martha married H. N. Williams in Texas. The children of William Wills, Jr., and Mary "Polly" (Phillips) Wills went to the Creek Nation, Indian Territory, and applied for citizenship into the Creek Nation. Following are their applications and statements to support their claim to citizenship. Mary Jane (Wills) was the first of the Wills children to make an application for citizenship, for herself and her brother, William Wills, III, and his children. Okmulgee, I.T. November 28, 1895 To the Honorable Citizenship Commission of Muskogee Nation: Gentlemen; We the undersigned would respectfully make application for citizenship in the Muscogee Nation by permission of the Act of the National Committee of the Muscogee Nation approved June 1890. We base our claim to citizenship on the grounds that we are descended from BETSY BERRYHILL who was a recognized citizen of the Old Creek Nation in Alabama. Our father's name was WILLIAM WILLS - he was also a recognized citizen in Ala. We belong to Broken Arrow Town, but the above facts we can prove to your satisfaction by responsible and disinterested native witnesses. Hoping you will give this case a fair and impartial consideration, we are, Witnesses Yours respectfully, W. B. (William Baxter "Buck") Self Mrs. M. J. O'Neal Joe Grayson W. H. Wills Mary Ann Grayson J. S. Wills Tennessee Wills Albert G. Wills Bonnie Wills Joe Borlen Wills Bond for seventy-five dollars signed by Mrs. M. J. O'Neal as principal and J. H. Lynch as Surety. Ida Cummings James Colbert Clk protem Pres. Commission * * * * * STATEMENT OF M. J. O'NEAL (Mary Jane [Wills] O'Neal) My name is M. J. O'Neal. I live on Duck Creek in Okmulgee Dist. My father's name was William Wills. I was born in Alabama in Wills Valley. My grandmothers name was BETSY BERRYHILL. My father started to this country with a crowd of Indians that started out here, stopped in Tennessee and in 1848 we came out here and stayed awhile and went to Texas. My father came back here in 1858 or 1859 with the intention of moving here and living but war came up and he died in '65 the year the war ended. My father was an Indian. After the war I came back the calculation of moving. My mother was not willing and I didn't move. In 1882 I got Mr. Grayson to file an application for me. When I saw him he said everything was alright. I went back and sold everything I had and put it all on a place we call Wills Point on Duck Creek. I have lived there in peace until they came for permits and I went to the Indian Agency and he gave me papers for protection until I could have my trial. My family consists of my brother and his six children. My brother was unfortunate in his young days and drank too much and I had to take care of him and his family for a number of years. Q. How many children have you? I have none myself. I have my brother and his children and consider myself head of the family. Q. How much Indian blood had your father? I think he was a half-breed, that was what he always told me. Q. What was your father's name? William Wills, better known Billy Wills. Q. Where was you born? In Tennessee near the line of Alabama. Q. How old are you? I am 58 years old. I suppose he owned a home in his young days - that is, where he was born & raised. Q. What year did Mr. Grayson file your application? Q. I turned it over to him in 1882. Q. When did you first come to this country? In 1848. Q. Were you enrolled as a citizen in 1848 when you came here? I can't tell you I was so small. I moved to this country five years ago. Q. You say you don't know whether your father owned a home in the Old Country? I don't know. Q. Did he emigrate here with the old people? He started with them. My father was a Creek and my mother was a white woman. My grand father and grand mother was Creeks. Q. What your mothers name? Polly Phillips at first and Polly Wills afterwards. Q. You make your application on your father's side? Yes. Q. You said when you came from Tennessee you came to this country. Where did you live before you went to Texas, on the Verdigris? I don't know. Q. Did you find someone that knew your father when he came here from Texas? Yes. Q. you said your father came here with some Creeks? I said he started and stopped and stopped on the Tennessee and came here in 1848. Q. How long after the Creeks came - did your father ever tell you? Tell the best of your knowledge how long? I can't tell. Q. What caused your father to stop? I can't tell - it might have been sickness. Q. Did you live in Alabama when you started here? No sir! I was born in Tennessee in 1838. My father lived there but I never. Q. When the Creeks sold the Old Country for this, a great many of the Creeks stopped there (Alabama) and many of them came on - did your father stop or come on? He stopped back there. Q. Do you know wat crowd your father started here with? No. He started with the old crowd but I don't know. Q. Did you find any of the Berryhills when you came to this country? Yes sir. There is some of them here. Q. Can you name some of the Berryhills? There is David L. Berryhill, Tobe Berryhill. Q. How old were you when you left Tennessee? About 10 years old - was born in 1838, came here in 1848. TESTIMONY OF SOL MCINTOSH: Q. Do you know Mrs. O'Neal? No sir. Q. Look at the lady, do you know her? No sir. Q. Did you ever see her before? Q. Are you sure you never saw her before? No, I never saw her before I came to this town. Q. Did you know WILLIAM WILLS? Yes. Q. When did you see him? In Alabama. Q. Was he a citizen? Yes sir, he was a Creek citizen. Q. You know of your own personal knowledge to be a Creek citizen - a Creek Indian? Yes sir, he was a Creek Indian. Q. Do you know whether he married a Creek or white woman? I left him there with a Creek woman. Q. How long ago has that been? I can't tell you it has been a long time. Q. How old are you? I don't know. When I left old man Wills a settled man - he had an Indian wife. Q. What was the name of the Indian wife that old man Wills had? Her name was Lucy Mimms was her first name - didn't know Wm. Wills mother - I saw him at Broadnax store - I left him there. Q. Do you know whether he came to this country? I can't tell. I heard his aunt say that he came out. Q. What happened to him after he came here? I don't know I never learned. Q. You said you knew old man SELF back in the Old Country? Did they live close together? No he was just rambling about? Q. How far from your mistress did this man Wills live? About 1 1/2 miles. I said it was Billy Wills that stayed with that woman Lucy Mimms close to my mistress. You said that someone [said] Wm. Wills came to this Country. Who Was it? It was the aunt Mrs HOPWOOD and Mrs BERRYHILL told me. Mrs O'Neal claims this Wm. Wills but I don't know her to be his child. Q. WAS MRS HAWKINS HIS AUNT? YES, SHE WAS BERRYHILLS SISTER. Note! I DON'T KNOW WHO "OLD MAN SELF" WAS. IT COULD BE THAT JOHN AND BAXTER SELF'S FATHER WAS LIVING IN THE NATION, OR AT LEAST WAS A TRADER THERE. Mrs. Hopwood was Sarah "Sally" (Posey) Hopwood, she was an older cousin but the young children called her "Aunt Sally." Mrs Berryhill was Winnie, the second wife of Pleasant Berryhill. As for Mrs. Hawkins being an aunt and "sister to Berryhill," I don't know. I had thought that John and Elizabeth (Derrisaw) Berryhill had a daughter that I couldn't account for, but I just don't know. TNC. TESTIMONY OF JOE HUTTON GRAYSON: I live near Eufaula. Q. What nationality are you? I am a Creek citizen and belong to Hilibey. Q. Do know WILLIAM WILLS? Yes, sir. I know him. Q. When did you get acquainted with Wm. Wills? In Vansant County Texas. Q. Was he a U.S Citizen? He was recognized as an Indian - a Creek Indian. I am acquainted with her. I saw her several times in Texas. Q. Do you know her name? I don't know her name - I have forgotten it. It is the woman old man Wills said was his daughter. I mean Wm. Wills. Q. Did you know William Wills in Alabama? No sir, I can't go back that far. I can only go back as far as Texas. Q. You only say he was an Indian by what you heard? The way I came to know he was a Creek Indian because the white folks (called) them Indians and they would not drank with them. Q. Did you know William's mother? No sir. Do you know this woman to be William Wills daughter? I only know he claimed her - I had no right to believe anything else. Her father talked Creek and the way I came to know this lady her husband was a stockman and made our house his stopping place. Q. did you say when you lived in Texas you knew a man by the name of Wills that talked Creek language? Yes sir. Q. Did he say "this is my little daughter"? How long since he said this is my daughter? I don't know exactly but I think it was about 30 years. She was what I call a young woman when I got acquainted with her. Q. Did William Wills ever come to this country? I dont know - the people scattered when the war broke out and I came to this country. How do you know this is the same woman you saw thirty years ago? I met her last fall and she got to talking about my mistress and I asked her what became of O'Neals wife and she told me she was the woman and I believe it after I got to studying about it. Q. Is William Wills living? I don't know. It was about the winding up of the war I saw him last. TESTIMONY OF W B SELF (William Baxter "Buck" Self): Did you ever see this woman? I have seen her ever since she was 10 or 11 years old. Did you ever see her father? Yes sir. I was well acquainted with him. His name was WILLIAM WILLS. This woman claims that her father was an Indian. Do you know whether he was or not? Yes he was an Indian. What kind of Indian was he? He was known as a Creek Indian - that is what he said he was. Where did you know him? In Vansant County. It was a Territory then about 150 or 200 miles from the County Seat. Did you ever know William Wills in Alabama? No sir. ARE YOU A RELATION TO MRS O'NEALS? I don't know - they claim we are the same family but I don't know. Did William Wills ever come to this country? I don't know - he said he came from Tennessee there - what route he came I don't know about. What year did you see William Wills? I don't know but I think it was the spring of 1864 - he died in that year, I don't know exactly. TESTIMONY OF MARTIN SMITH: The Berryhills in Alabama I didn't know anything about. I knew the Berryhills that came to this country. THE ONLY BERRYHILLS I KNEW I GOT ACQUAINTED WITH WAS ALEX, PLEASANT AND JOHN BERRYHILL. There was only one Berryhill woman that came to this country and her name was PATSY BERRYHILL. She died here without children. There have not been any other Berryhills lived in this country since I have been here until since the war. That is all I know about the Berryhill family. There are others claiming to be Berryhills - I don't know anything about them. Q. Did you ever know WILLIAM WILLS in Alabama? No sir. You came from Alabama to here? Yes sir. Did you know the Berryhills in Alabama? No sir. You said you knew the Berryhills that lived in this country? Yes sir. I knew the three Berryhills - there was one in Missouri - I knew him. Do you know where they sprang from? I couldn't say - I got acquainted with them here. Can you swear that the three Berryhills were the only Berryhills in existance at that time? No, I could not swear that. If you see a person claiming to be a Berryhill could you swear that he is not? No, there are other Berryhills but I could not swear that they never claimed any relation. You said that you did not know where these Berryhills spring from? No sir I don't know. How do you know that the people you know spring from the same source? Well, I was raised with them and never heard them claim they had relations anywhere else. Were the Berryhills you knew Creeks? Not that I know, they claimed to be but don't know that they were Creeks. TESTIMONY OF JOHN JEFFERSON: I came from Alabama to this country - any other Berryhills than PLEASANT BERRYHILL I know nothing about. I know Pleasant Berryhill after I come to this country. That is all I know. Did you ever know WILLIAM WILLS in this country? No sir. You never knew BETSY BERRYHILL? No sir. You said you didn't know Berryhills in Alabama? Yes sir. WAS HE A CREEK INDIAN? I called him a white man? Do you know where he came from? No I don't. How old was you when you came from Alabama? I must have been about 12 years old. Did you ever know a William Wills in Alabama? No sir. TESTIMONY OF T J ADAMS: I don't know as the allegation dates back to Alabama and I never was in Alabama. I don't know anything about it. I never had any of the old people tell me they had any people that was recognized in the old country - I gave my statement about the BERRYHILLS to the Commission that I knew the Berryhills in this country but I never was in Alabama and don't know anything about them Berryhills back there and no one ever told me about them. Did you ever know WILLIAM WILLS in Alabama? No sir. * * * * * Statements for Elizabeth Margaret (Wills) Estes and Fennis C. Wills, children of William and Polly (Phillips) Wills. Applicants F. C. Wills & children Mrs E. M. Estes & children Polly Wills J. H. Estes W. W. Wills W. D. Estes Alice wills Sallie L. Estes Forest Wills Jean Wills Willie V. Wills Daisy May Wills Lester Leon Wills Since the statement for Finnis C. Wills and Elizabeth Margaret (Wills) Estes are almost identical to the ones for Mary Jane (Wills) O'Neal, I will only take excerpts from them. TNC. MY NAME IS MARY J. O'NEAL: F C Wills is my youngest brother. Mrs Estes is my only sister. We have the same father and mother. They are descendants of WILLIAM WILLS and his wife BETSY BERRYHILL. They were both Creek Indians. MY NAME IS ELIZABETH MARGARET ESTES: MY FATHER WAS WILLIAM WILLS and MY GRANDFATHER WAS WILLIAM WILLS. . . . Q. Where were you born? I was born in Tennessee in 1835. What relation are you to Mrs O'Neal? We are sisters. MY NAME IS WILLIAM B. SELF. I know Elizabeth Estes and Fennis Wills. I knew old man Wills their father when they were children. I first knew him in the fall of '49 - I knew him up to '64. . . Where did you know him? In Texas. He was looked upon as an Indian and he was an Indian. He said he was Creek. He died about the close of the war - I thought about the latter part of 1864 but his family say in 1865. Did you get acquainted with this man in Texas? Yes that was the first time I ever saw any of the stock. . . Did you know BETSY BERRYHILL? Yes, she was an aunt of mine. Are these applicants related to you? No sir, not that I know of. NOTE! William "Buck" Self would have known his "Aunt Betsy", but since William Wills, Jr., didn't go to the Western Creek Lands with his parents, Buck Self probably wouldn't have remembered him as Betsy's son. TNC. MY NAME IS JOE HUTTON AND JOE GRAYSON. I answer to both names. . . You said there was a place called Wills Point. Were there any Indians or half breeds that had Indian blood in them? Yes, JOE HARDRIDGE, WARRIOR HARDRIDGE, JIM, JOHN, SAM, BILL BERRYHILL, OLD MAN BUCK SELF, JACKSON DOYLE. . . Was there a man named O'Neal? There was a man JOHN O'NEAL that was a cattleman that married one of William Wills daughters and he made our house his stopping place.