Affidavits of Death and Heirship 1846 - 1909, Smith County, TX Submitted by Mary Love Berryman Director of the Computer Interest Group, ETGS 15 July 2002 Copyright. All rights reserved. http://usgwarchives.net/copyright.htm ***************************************************************** Originally published in the East Texas Family Records, Volume 14, Number 3 & 4, Fall & Winter 1990, by East Texas Genealogical Society. SMITH COUNTY - Affidavits of Death and Heirship 1846 - 1909 Abstracted by Cecil Cammack Tyler, Texas In our Fall 1989 issue of East Texas Family Records, Volume 13, No. 3, we gave a brief review of Affidavits of Death and Heirship which may be found in county Deed Records. As pointed out there, the practice of recording Affidavits of Death and Heirship became more common after the legislature in 1927 passed an act which made such affidavits admissible in evidence after they had been on record for as much as five years. However, prior to that time some affidavits were filed in the deed records. The abstracts included in this article were developed by scanning the Smith County Deed Index Books A (1846-1886), B (1856-1888), C (1888-1896, and D (1897-1901), under the heading "HEADRIGHT" for "Affidavit," "Proof of Heirship," or similar notation. In these index books the person making the affidavit was in­dexed in the Direct Index, and the subject of the affidavit was indexed in the Reverse Index. We found no index of such affidavits in Books A and B, and we do not know whether none were filed or that they were filed and not indexed as such. In a few instances we found an instrument indexed only in the Direct or Reverse Index and omitted in the other. As we scanned the Index we noted a few adoptions by declaration which we have also included. Detailed recitations of death and heirship may also found in deeds of conveyance, partition deeds or areements, and powers of attorney, but this compilation only covers Affidavits of Death and Heirship as independent and separate documents. When searching for this information in deeds, partitions, and powers of attorney, it is important to check both the Direct and Reverse Indexes for any surnames that might be connected with the family. The persons indexed as joining in such documents may have different surnames from the family under search, especially if married females have an interest. * * * Book 44, page 176 Affidavit November 8, 1890 By FRANK G. SMITH and R. B. LONG, Sr., both above the age of 60 years and residents of Smith County 39 years. They knew MARY A. LONG and in 1844 she was a widow and now deceased. She was a widow when she acquired 1280 acres in Surveys 123 and 125 and was a widow when it was patented in 1846. * * * Book 44, page 204 Affidavit By W. H. COUSINS. November 20, 1890 MARIA A. EVANS, wife of Larkin Evans died about 1871 and he died about 1873. All their children were: SUSAN COUSINS, wife of W. H. COUSINS MARIA ALEXANDER, now wife of W. H. ALEXANDER and formerly MARIE ALFRED, wife of B. F. ALFRED. MARY HUMPHREY, widow of GEORGE W. HUMPHREY MARGARET, now wife of J. A. WELCH WILLIAM W. EVANS and JOHN L. EVANS LARKIN E. EVANS never remarried after the death of his wife. * * * Book 44, page 206 Affidavit November 8, 1890 By MARCELLUS SCOTT and JOHN T. DICKSON, both of whom lived in Smith County at least 20 years and who knew WILLIAM E. GARRETT and his first wife since 1873. Both WILLIAM E. GARRETT and his first wife ELIZABETH GARRETT are now deceased. They left the following 5 heirs: THOMAS B. GARRETT, a single man JOSEPH B. GARRETT, MESTIMER GARRETT, who was the youngest and over 19 years of age WILLIE E. GARRETT, a feme sole Mrs. MARY E. PATTERSON, formerly MARY E. GARRETT, but now a feme sole All the children reside in Smith County. WILLIAM E. GARRETT married Mrs. SARAH ANN LOVE, a widow about two years after the death of his first wife, but they lived together only a short time and had no children. * * * Book 45, page 225 Adoption May 24, 1878 By GEORGE MILLER JOHNSON a resident of Smith County since 1857 and 50 years old. Affiant knew JAMES M. RUSH, deceased. He was married the first time in Georgia to a Miss_______ about 1830 and she died about 1842 "so he had been informed." She left three children viz: HENDERSON RUSH, a son who fell out of a tree and was killed before 1869; PIETY RUSH, who married WILLIAM WILSON about 1857, and both died childless before 1869; ANEETA RUSH who married GUS E. WARREN in Smith County, January 11, 1859, both now living in Gilmer, Upshur County. JAMES M. RUSH married a second time in Tennessee to Mrs. TENNESSEE SEETON who had 5 children as follow: JAMES A. SEETON, died Smith County about 1870 WILLIAM M. SEETON, died Smith County about 1868 ANN SEETON, who married HUGH YARBROUGH, and died in 1861 MARTHA R. SEETON who married GEORGE MILLER JOHNSON (deponent) in Smith County February 2, 1856; both now living in Tyler PARRALEE SEETON, died a single person about 1862 JAMES A. RUSH and his second wife TENNESSEE had two children as follow: VANNIE B. RUSH married ALEX COCKERILL in Smith County July 9, 1878, and both are living in Prairieville, Kaufman County CICERO ALOZO RUSH who married AMANDA D. JONES in Smith County November 4, 1873, and they now live in Kaufman. JAMES A. RUSH died in Tyler in 1869 and his wife TENNESSEE died in 1880. * * * Book 49, page 459 Affidavit December 12, 1889 Bv MARIE JOHANNA PABST of Smith County She was the daughter of CHRISTIAN G. FROHUE and wife M. DORETHRA FROHUE. Her mother died in Smith County October 9, 1878 and her father died in Tyler on August 16, 1878. Both died intestate and affiant is their only surviving heir. * * * Book 49, page 460 Affidavit February 2, 1892 By MARCELLUS SCOTT, a resident of Smith County since 1851. Affiant knew CHRISTIAN G. FROHUE and wife. Both came to Smith County about 1857. They had only 2 children viz: HENRY CHRISTIAN FROHUE who went to the Civil War as a member of the Lignoshis Band of Capt. R. R. LONG's Co. G, 11th Texas Infantry Corp. He died about 1863 a single man and left no heirs except his parents and sister. M. JOHANNA FROHUE who married JULIUS PABST about 1854. Julius died in Tyler in 1887 (May 6) leaving numerous heirs. CHRISTIAN G. FROHUE died in 1878 and his wife M. DORETHRA FROHUE died also in 1878. Their daughter MARIE JOHANNA PABST now lives in Tyler, a widow and is the only surviving heir of CHRISTIAN FROHUE and wife. * * * Book 53, page 624 Adoption January 23, 1895 L. R. CROW and wife M. L. CROW of Smith County adopt IREN MABRY, a male child 1 year and 10 months old, born March 15, 1893, being the child of MOLLIE L. MABRY, widow of IRVIN MABRY deceased, said child to be hereafter known as IREN CARSON CROW. * * * Book 56, page 390 Adoption March 5, 1896 C. A. MITCHELL adopted JAMES MONROE PALMER, now age 5, a child of T. B. PALMER and wife BETTIE PALMER, now deceased. * * * Book 56, page 604 Affidavit May 15, 1896 By P. J. BAILEY of Collin County. Affiant is known as JAMES BAILEY and is a widower, his wife LANNIE C. BAILEY having died before November 24, 1888. Their only children were JOHN L. BAILEY and JESSIE M. BAILEY. * * * Book 62, page 253 Affidavit January 3, 1898 Affiants: WILLIAM W. ADAMS and his brother THOMAS J. ADAMS. Affiants lived in Smith County since 1853 and were neighbors of THOMAS LOWERY who lived 7 miles NW of Tyler. THOMAS LOWERY was a widower on January 1, 1854 and had an only daughter living with him. He remained a widower until after January 1, 1860, and he lived on his preemption until he sold out in the early part of 1859. THOMAS LOWERY's residence has been unknown for many years and supposed he is deceased. * * * Book 62, page 303 Affidavit January 14, 1898 Affiants: GUSTAVE LYONS and BENJAMIN BURRELL, residents of Smith County for more than 10 years. ROBERT LYONS FMC settled on a 37 acre tract west of WM. CRAIG survey in December 1894 and has lived on it to date. He was a married man and is still married to ELLA LYONS. * * * Book 64, page 602 Affidavit February 20, 1899 Affiants: CHARLES WILLIS and CALVIN W. RICE who have resided in Smith County since 1890. NAT J. DOBBS of Tyler lived on Lot 6, Block 2 Bonner and Dorough as his homestead since 1895, is married and has been married since March 1895. * * * Book 65, page 258 Adoption July 3, 1899 MRS. MYRA GRAY, of Smith County adopts NELLIE MYRA GRAY, a minor and orphan, whose parents are unknown. * * * Book 65, page 381 Adoption October 13, 1898 JULES DEAUMAN adopts BLANCHE GARRETT now age 4 months. * * * Book 67, page 6 Adoption October 5, 1899 JULES DEAUMAN adopts a certain baby boy 19 [page torn off] * * * Book 67, page 387 Affidavit July 5, 1900 Affiant: ELIZABETH JANE OWEN of Bosque County. Affiant's father was EARL A. BROWN and her mother was named MARY. Affiant was born in Mississippi May 13, 1844. Her father moved to Rusk County in 1848. Affiant first married PRESTON H. OWEN in October 1859 and he died March 22, 1865. She had born to her by him two children, GEORGE C. OWEN, born October 25, 1860, who is still living, and MARY OWEN, born July 1, 1864, and who died the first part of September 1864. Affiant married her deceased husband's brother CLINTON N. OWEN January 10, 1866. GEORGE OWEN, their brother, died at the residence of her father E. A. BROWN on the day following her baby girl's death in September 1964. * * * Book 67, page 585 Affidavit October 19, 1900 Affiant: Rev. S. K. STOVALL and wife F. H. STOVALL of Cherokee County. FRANCIS M. STOVALL first married MARIAJH JANE FULTON in 1850 or 1851. They had one child, GEORGE H. STOVALL who now lives in Beaumont. The first wife died in 1855 intestate leaving her husband and the one child. FRANCIS M. STOVALL then married LENORA JANE NORVELL in November 1874 and they had three children, LENORA B. EMMA KATE FLORENCE M. - FLORENCE M. STOVALL married Mr. TURNER in 1897. The father, FRANCIS M. STOVALL died September 30, 1883 intestate and was survived bv his widow and surviving children who were all his heirs. They lived in Beaumont. * * * Book 67, page 638 Adoption January 24, 1901 W. F. ELDER and wife W. V. ELDER adopted MARTIN CATES an orphan boy 9 years of age who was then residing with them in Smith County. * * * Book 68, page 38 Affidavit January 22, 1900 Affiant: J. S. GREEN and JAMES C. STRONG of Hayes County. PETER C. RAGSDALE resided in San Marcus when he died in March 1882 and left his wife ELMIRA A. RAGSDALE, now residing in San Marcus, and 5 children. BONNIE A. POWERS, whose husband is W. R. POWERS and who resides in Kingsberry DAVID C. RAGSDALE, who married ANNIE S. BARBER about 1886. He died about Februarv 12, 1894 intestate and left one child FERNE RAGSDALE, a minor who resides in San Antonio. His widow Annie married R. Y. THOMAS, JR. and they reside in San Antonio. ROBERT S. and JOHN H. RAGSDALE were over the age of 21 and had not married. They resided in San Antonio. SILLIE C. married E. E. GRIFFIN and they live in Itasca. PETER C. RAGSDALE was married only one time and no children predeceased him. * * * Book 68, page 90 Adoption November 10, 1900 J. V. [W?] HARMON recited he had no living wife or children and had raised W. H. HOWARD from infancy and adopted him as his heir. * * * Book 68, page 594 Affidavit June 14, 1901 Affiant: ELIF ALBERTSON brother of the subject. Re Lot 5, Block 9, Tyler. TEGRA ALBRETHSEN, THOMAS ALBERTSON, and TOM ALBERTSON are one and the same. He was a native of Norway and was TERGE ALBERTSON. After he came to America and became a citizen he took the name THOMAS ALBERTSON. He died July 3, 1893. * * * The following affidavits were located from Index Book E, 1902-1905, and Book F, 1905-1909. Bear in mind that the dates given for the periods covered are the dates of the filing of the affidavits for record. Sometimes the affidavits were not filed of record until some time after they were executed, and many times they relate to events which occurred 50 or more years before the execution of the affidavit. Book 75, page 325 Affidavit April 17, 1902 By SID S JOHNSON & WILL A. WOLDERT, both of Smith County They knew BENJAMIN LOUIS GOODMAN, Jr. who died November 24, 1869 in Smith County and left his widow SALLIE EDITH GOODMAN who is still living and has not remarried. They had three children: ROBERT C. GOODMAN who died a single man in 1890 MARGARET EDITH GOODMAN a daughter who died a single woman November 2, 1887 ELOISE M. GOODMAN, a twin of MARGARET EDITH, who married R. M. ROSS in Smith County August 26, 1894 BENJAMIN LOUIS GOODMAN, Jr. was the son of BENJAMIN LOUIS GOODMAN, Sr. who died in Tyler February 12, 1866. * * * Book 76, page 74 Surrender Custody February 19, 1903 G. T. CRAWFORD surrenders custody of his child MOLLIE MAE CRAWFORD, age 2 years the first of January last, to W. A. GAGE et ux C. E. GAGE, reserving the right of visitation. * * * Book 76, page 75 Adoption February 19, 1903 W. A. GAGE et ux C. E. GAGE adopt MOLLIE MAE CRAWFORD, child of G. T. CRAWFORD and his deceased wife MOLLIE, who died January 31, 1901. * * * Book 76, page 125 Affidavit May 30, 1903 By W. J. McFARLAND, a resident of Smith County for more than 40 years and a near neighbor of N. GUYTON. N. GUYTON resided on his homestead about 4 miles west of Tyler. He died in 1885. His wife died a few years previous and he never remarried. He left surviving him 6 children, viz: E. R. GUYTON I. W. GUYTON JOHN M. GUYTON, who was killed when a well caved in in 1894, a single man with no children MARTHA C. GUYTON, who died a single person without children in 1886; MRS. E. A. HARRIS MRS. E. C. HUGHES, wife of C. C. HUGHES. None of the deceased left wills. * * * Book 76, page 395 Affidavit June 16, 1904 By W. C. ALLEN, who has resided in Smith County for more than 40 years. W. C. DOWELL married NANCY A. McADAMS about January 3, 1878 and died a year later leaving one child CARR T. DOWELL and his widow. His widow NANCY married J. F. BURGESS in the latter part of 1880 and she had several children and died about 1893. J. P. ALLEN, a brother of deponent, is now dead. * * * Book 77, page 273 Affidavit February 2, 1903 By G. W. BUSH, age 73 who resides at Linn Flat, Smith County. Affiant knew GEORGE W. WELSH who was his uncle and who died in Nacogdoches about 1845, unmarried, without a will and without a mother, father or brothers surviving him. He left 2 whole sisters, viz: MRS. M. R. BUSH, wife of W. A. BUSH and mother of affiant. MRS. PERMELIA TOMPKINS, wife of JOHN TOMPKINS. Also a half sister MRS. CATHERINE BANKS, a widow who died intestate with no children or their descendants about 1847 or 1848. Affiants mother and father M.R. and W.A. BUSH sold to CHRISTOPHER BUSH in 1849 land in Texas formerly belonging to GEORGE W. WELSH. CHRISTOPHER BUSH died in 1850 unmarried and without leaving a will . Affiant's mother and father MALINDA R. BUSH and W. A. BUSH died intestate a short time after the death of CHRISTOPHER BUSH leaving the following children: Deponent, G. W. BUSH E. W. BUSH, who died a few years ago leaving a will probated in Cherokee County ELKANAH BUSH who died leaving his widow JUDITH and 2 children who died after their father, leaving only their mother to inherit their property TOMPKINS BUSH W. T. BUSH MRS. ELIZABETH MULLINS, wife of W. H. MULLINS MRS. M. L. ARMSTRONG, wife of M. W. ARMSTRONG, who died leaving 1 child who died unmarried without children leaving its father M. W. ARMSTRONG. JUDITH BUSH married J. M. BLAKEY * * * Book 81 , page 137 Affidavit September 26, 1903 By MRS. L. M. MAURICE wife of GEORGE E. MAURICE, to whom she was married February 27, 1903 She was the wife of S. A. BISHOP at the time of his death in Tyler October 7, 1897. He died without a will and left 4 children, viz: ANNIE H. BISHOP S. A. BISHOP, JR L. C. BISHOP MRS. CARRIE BOND wife of T. E. BOND. * * * Book 85, page 158 Affidavit March 7, 1905 By D. H. HORTON Affiant's father, B. F. HORTON, died about December 28, 1875 and left his widow MARY J. HORTON who died about 1881. His widow married J. L. CURRY and he died about 1887. MARY J. HORTON had 2 children by CURRY, LENA DOWELL who lives in Lone Oak, and T. L. CURRY who lives in Rains County. B. F. HORTON left 6 children: JAMES FRANKIE BELSHA JENNIE LYNCH JOANNA GILLISPIE NANNIE HORTON who died about 1893 D. H. HORTON, affiant. * * * Book 87, page 45 Affidavit March 23, 1905 By MRS. JANE E. MANN, a widow of Troup She was the wife of H. W. POPE, deceased, and was his wife on October 20, 1875 and continued as his wife until his death. She then married A. M. MANN. The children of H. W. POPE who survived him were: BYRON LENA LULA, who married W. H. ENGLEDOW, by whom she left 1 surviving daughter, ROBERTA ENGLEDOW. The 100 Acres in Eason Gee survey was their homestead from October 20, 1875 until 3 years prior to January 17, 1895. * * * Book 85, page 433 Affidavit October 18, 1905 By THOS. P. KINNEAR and CHARLES GITCHEWAY LEWIS GITCHEWAY (colored) a widower died in the spring of 1903 and left one son CHARLES GITCHEWAY, about age 25 as his only survivor. * * * Book 86, page 586 Affidavit July 17, 1906 By J. H. McDANIEL Affiant's wife KATIE McDANIEL died intestate in November 1901. Her only surviving children were A. C. HOLMES wife of Wm. E. HOLMES of Seattle WA C. T. EVERETT wife of J. K. EVERETT of Williamson County, Texas * * * Book 87, page 132 Affidavit July 5, 1906 By W. H. COUSINS There was born to C. C. TAYLOR and wife SARAH JANE TAYLOR two daughters and one son. The son and one daughter died without issue and without heirs other than their surviving sister ALLICE V. SELMAN wife of B. T. SELMAN. * * * Book 88, page 384 Affidavit October 10, 1907 By G. D. BOATRIGHT LAURA CAISON who is now MRS. SID HAMILTON and MAMMIE CAISON who is now MRS. SCOTT ANWINE are the only heirs of W. C. CAISON and MRS. MINA CAISON. * * * Book 88, page 442 Adoption November 4, 1907 LILLIE M. GREEN daughter of J. W. GREEN, Sr. and NANNIE M. GREEN, both deceased, adopts JOHNNIE GREEN, a female minor age 4 years. * * * Book 88, page 540 Affidavit November 6, 1907 By PERRY RAY PERRY RAY and EMILY J. RAY were married February 2, 1860 and lived together in Smith County until March 23, 1872 when she died. Their children were: J. D. RAY T. M. RAY J. F. RAY J. T. RAY LEONA who married H. P. SMITH December 25, 1884 EMMA J. RAY died December 2, 1881 without issue November 25, 1880 PERRY RAY married RACHEL HOKE and they lived together until July 1, 1898 when she died without issue. * * * Book 90, page 24 Affidavit September 22, 1906 By W. E. MORRIS age 62 who resided in Lindale and was a resident of Smith County for 56 years. Affiant married N. E. BARTLEY daughter of T. J. BARTLEY, deceased. T.J.BARTLEY's only children were: S. A. BARTLEY N. E. MORRIS wife of W.E. MORRIS: M.A. HARRIS W.W. BARTLEY T.J. BARTLEY's widow, M.J. BARTLEY married T.A. McCAMERON. * * * Book 90, page 274 Affidavit December 14, 1906 By JOHN F. ERWIN Affiant knew JOHN D. SCOTT and wife MARY C. SCOTT for 40 years, and they resided in Tyler 40 years. MARY C. SCOTT died in February 1895. Their children were: WILL SCOTT, who died about 1880 a single person JOHN WALTER SCOTT, of Van Buren, Arkansas URA SCOTT, a feme sole of Smith County IDA S. WATTS, wife of BEN W. WATTS of Smith County GEORGIA C. DAVIS, wife of GEO. A. DAVIS of Smith County * * * Book 90, page 434 Affidavit March 7, 1908 By ALFRED LOFLIN who married EMMA DEWBERRY M. L. DEWBERRY died and left only 2 children i.e. EMMA and EDDIE. EMMA, wife of affiant, died in 1882 leaving 5 children: LINSEY LOFTIN, who died in 1896 a single person MARY married R. W. WADE before 1899 LAMAR EDDIE who married GEORGE MILLER before 1899 ALFRED, Jr. * * * Book 90, page 586 Affidavit April 22, 1908 By JOHN M. LOGAN The only heirs of S. D. GIBBS and wife C. S. GIBBS deceased are: MRS. ELLEN A. LOGAN wife of John M. LOGAN of Smith County MRS. LAURA V. GRINNAN, a feme sole of Austin, formerly wife of Harold GRINNAN, deceased MRS. DORA BEAUMONT, wife of WM. BEAUMONT of DeWitt County MRS. NORA CALDWELL, wife of C. M. CALDWELL, of Duncan, Oklahoma * * * Book 96, page 129 Affidavit August 10, 1908 By P. H. HOLDERMAN of Rusk County, a resident for 32 years RUFUS WEST died intestate about May 12, 1907 and left his wife MARY WEST who now lives in Dallas. Their children are: EMMA HOLDERMAN, wife of M. R. HOLDERMAN, now deceased R. A. WEST LOU TORBET wife of P. F. TORBET of Dallas ALL over 21 years of age * * * Book 96, page 378 Affidavit July 22, 1904 By Dr. O. LOFTIN of Tyler, age 76 years, resided 15 years "where town of Bullard now is." He resided there January 1, 1855 and was acquainted with BENJAMIN BRANDON and JAMES BRANDON his brother. JAMES died intestate close to the now town of Bullard between January 20, 1855 and October 10, 1856 an unmarried man leaving his father and mother and BENJAMIN as his only heirs. * * * Book 96, page 391 Affidavit November 24, 1908 By JOHN STOVALL, a resident of Smith County for 36 years. Knew MRS. LULA NARRAS wife of J. J. NARRAS for more than 25 years. She was the widow of H. L. RIVES who died in 1886. She married J. J. NARRAS in 1888. Two children were born to H.L. and LULA RIVES and they died before maturity in 1889 and 1903. * * * Book 96, page 443 Affidavit November 25, 1908 By W. H. MARSH, a resident of Smith County for 57 years. A. A. ARGENBRIGHT, deceased left W. F. ARGENBRIGHT, J. P. ARGENBRIGHT, S. H. ARGENBRIGHT, three sons, and two daughters, L. A. ARGENBRIGHT, who married W. H. YOUNG D. J. who married J. L. POWELL. * * * Book 96, page 497 Affidavit June 12, 1908 by W. E. FREEMAN, a resident of Smith County 32 years. N. GUYTON and wife E. GUYTON, in the '70's and '80's resided on the old Guyton place about 5 miles west of Tyler. Both died before January 25, 1886. Their children were: I. W. GUYTON E. A. who married E. A. HARRIS and he died before January 1886 E. C. who married C. C. HUGHES who died before November 20, 1896 and she did not remarry E. P. GUYTON J. M. GUYTON who died intestate before November 20, 1896 without having married M. C. GUYTON who died before November 19, 1887 unmarried. * * * Book 96, page 601 Affidavit January 25, 1909 By SALLIE WARREN, who signed by mark She knew VICTORIA McCLELLAND, deceased, formerly the wife of JOE McCLELLAND, for about 40 years. She was first married to ESSEK HARVEY about 36 years ago and she is the mother of WILL HARVEY and NED HARVEY. She was divorced and married McCLELLAND about 1893. There were no children of this union. * * * Book 96, page 518 Affidavit December 11 , 1908 By J. M. DUNNAWAY Affiant knew JOHN C. BURGAMY, MAMIE T. COLSTON, wife of B. C. COLSTON, was his only child. MRS. S. C. BURGAMY is his surviving wife. * * * Book 96, page 623 Affidavit February 1 , 1909 By MRS. L. T. CASTLE She is the surviving wife of JOHN M. CASTLE who died January 28, 1892. * * * Book 97, page 87 Affidavit March 15, 1909 By GEO. C. WIMBERLY Affiant is the son of M. S. WIMBERLY who died 15 years ago. There was no administration on his estate. * * *