Wills family application to the Creek Nation (Dawes) 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/ *********************************************************************** Elizabeth "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. William 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. 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 ofthem 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 goback 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. --- 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. David Morgan