Biography; 1857-1905-John Garvin McBee-Kaufman & Van Zandt Counties,TX & Calaveras Co., CA Contributed for use in USGenWeb Archives by Elnora Frances Cook-Wyrick ************************************************************************ USGENWEB ARCHIVES NOTICE: All documents placed in the USGenWeb Archives remain the property of the contributors, who retain publication rights in accordance with US Copyright Laws and Regulations. In keeping with our policy of providing free information on the Internet, these documents may be used by anyone for their personal research. They may be used by non-commercial entities, when written permission is obtained from the contributor, so long as all notices and submitter information are included. These electronic pages may NOT be reproduced in any format for profit. Any other use, including copying files to other sites, requires permission from the contributors PRIOR to uploading to the other sites. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. http://www.usgenwebarchives.org *********************************************************************** "DIVORCE IN 1858 ? NEVER!!!" "God forbid, Was Great Grandfather a Bigamist"! This was my thoughts when I found notes handwritten by my Grandfather John Andrew Jackson McBee in my Mother’s papers after she passed away. Those notes stated that; 1."his father John Garvin McBee had been married 3 times." 2. "there was a child from that first marriage named Janey, who married a Bill Cameron" Of course I had never heard of her. 3. "there were twin sons in California" , no names for them or their Mother mentioned, the location was almost unreadable, (could have been Calaveras, Calif) We had heard stories about a California family over the years but never paid much attention as we were pretty busy living our own "Young" lives and so never asked any questions of our Grandfather McBee while he was still alive. Also thought it might just be, one of those, "Family Stories"! 4. "that he married our Great Grandmother Margaret Francis White in Van Zandt Co., TX in 1877". So naturally, I thought; "What bad luck this poor man had, he was widowed two times before he got to have and be with a family." Well, I had made lists for my Mother over the years of my brothers and sisters and a few of our close relatives, but I had never even thought about "Genealogy", didn’t really know anything about doing it. When my Mother Rosie Leeonia (McBee) Cook Scott passed away in 1996, it was left to me to go through her papers and save or dispose of as called for. When I found Grandpa’s hand written notes and a handwritten Will by his Grandfather, "Thomas White", father of Margaret Francis White-McBee, dated 15 October 1876, dividing his land in Van Zandt County, Texas, I was "HOOKED". Of course I assumed that my Great Grandfather John Garvin McBee had been widowed twice, prior to marrying my Great Grandmother, people "Just Didn’t get Divorces" in "THOSE DAYS". Well, I learned that wasn’t always the case, some time, "when the urge hit", they just moved on to greener pastures or got Gold Fever and either married (or didn’t marry) according to what ever was tolerable for the area, often leaving families to fend for themselves! Well I worked on finding out about all of these families from March 1996 until mid 1999 when I got the idea, "that just maybe there was a divorce" as I had found His first wife still living with His first daughter ("Janey" Narcissa Jane McBee) on 1880 census, so she obviously had not died. "God forbid that my Great Grandfather was a Bigamist"! So I inquired of the County Courts in Kaufman and Van Zandt Counties where I had found most of the information for his family, and sure enough there was a divorce in Kaufman County, filed in 1858 and became final in 1860, So forget all of those pre-conceptions of, "What Life Was Really Like in Those Days" and be willing to look at, " ALL Possibilities". This divorce petition proved relationship for William H. McBee and his children, my Grandfather being the oldest son. I had been unable to find a Will which is stated to have been written more than once in deeds I have found for this family, but it is missing from the files in the County Courthouse. Of course my Great Grandfather was somewhat redeemed in my eyes by his actions of providing some financial help for his first wife Elizabeth and their daughter, "Narcissa Jane", before she filed for divorce with a Power of Attorney to her brother in-law Jeremiah Merriman to handle his business affairs in Van Zandt and Kaufman Counties in his absence, which Mr. Merriman promptly used to collect funds left to John Garvin, by the death of several of his Family. While he was gone, his father William H McBee, 2 brothers, William Newton and Silas P McBee and a sister Rebecca (McBee) Karber Roberts had died, leaving him some of their property, located in Kaufman and Van Zandt Counties in Texas. Apparently he did not strike it rich in the California Gold fields, but he did remarry there to a Widow Mrs Amanda Melvina (Dawson) Nichols, in Jackson, Amador Co., CA, in 1865. He abandoned her in 1867 and she filed a notice in the "Amador Dispatch" newspaper: Jan 19,1867 Vol.8 #18 "Notice - I hereby notify the public that J.G. McBee, my husband, has left my bed and board without any provocation and I forewarn any and all person from purchasing any property of any character whatever from my said husband; the property consisting of stock, cattle, hogs, horses, etc., being my separate property which I had before my marriage with said J.G.McBee". Signed: Amanda McBee. As yet I have not been successful in locating a divorce for that California marriage or found the claimed twin sons from the Family Stories and in Grandpa McBee’s notes. The first wife Elizabeth O. Reeves McBee never remarried, she lived with their daughter Narcissa Jane (McBee) Cameron and her family in Dallas and Tarrant Counties, outliving her daughter by one year. Jane her husband Bill and her Mother Elizabeth O (Reeves) McBee are buried in the Johnson Station Cemetery, Arlington, TX. John Garvin McBee married my Great Grandmother Margaret Francis White in Van Zandt County in 1877, when He was 51 years old and she was 28, they Homesteaded in Jack County, TX, where they had seven children. My Grandfather John (Jack) Andrew Jackson McBee being the oldest of that union- he married Emma Akin Lee- her first husband was Jessie H Luster. Jack & Emma settled in Fresno Co., CA-both are buried there. 2nd child a daughter Sarah Ann who married George Washington Christian, they lived and died in Carter Co., OK- 3rd child another daughter Margaret Eudora, her first husband John Thos. Anderson, died shortly after they married, she then married James Madison McCurley, they settled in Tulare County, CA where they both died. Next was another Daughter Dona Louella, she married Robert Nicholas Wright, he died 17 yrs later leaving her with a house full of young children which she raised by herself never remarried. Next was a son Roy Luther McBee-he married Ada Tressie Stephenson, they also settled in California, Kern County, Ada died there but Roy passed away and is buried in Oklahoma, Last child was a son Raliegh Dee Garvin McBee he married in Van Zandt co.,TX to Zetta McAlvie McElroy, they made their home in Franklin Co., AR where they are both buried. John Garvin McBee obtained a "Homestead" in 1884,leaving there in about 1898 going to the newly opened Indian Territory to the area that is now known as Carter County. John Garvin McBee lived with his 3rd wife, Margaret Frances (White) until he died in 1905,at the age of 79 years, in the town of Milo, Indian Territory,he is reported to be buried there bu no grave has been located. You can see a picture of John Garvin and his last wife, my Great Grandmother Margaret Francis White-McBee and see the rest of their families on our Home page at: http://www.familytreemaker.com/users/w/y/r/Elnora--F-Wyrick/ Here is the Divorce and supplemental Legal actions in full, which gives most of the story, ****************************************************************************** *********** B: Book G, Page 260, 261,262,263,264 3 April 1857: Calaveras County, CA] From John G McBee to Jeremiah Merriman POWER OF ATTORNEY: Know All Men by theses presents that I John G McBee of the county of Calaveras in the State of California have made, constituted and appointed and do by these presents do make constitute and appoint Jeremiah Merriman of the County (S)aufman or Coffman or Coughman in the State of Texas, United States of America, my true and lawful Attorney for me and in my name place, and stead to do and perform all and every act and deed necessary to be done to fill and completely settle and assign all my affairs in the State of Texas aforesaid. For me and in my name place and stead to ask demand receive and receipt for all moneys, property (chasen/chisein?) certain claim and demand due me from the Estates of: William H McBee, William N McBee and Silas P McBee of and from the Administrators of the Said Several Estates and also for me and in my name for such sum or sums and on such terms as to him shall offer sum just and proper to compound or agree for such claims or demands or any or either of them and transfer remittance or other sufficient released and discharge of the same for me and in my name to make seal and deliver to the Said Administrators or Administrator Executor or Executors of the Said Several Estates and generally to do all Lawful Acts and things necessary to be done in and about the premises and also to TAKE Charge of and Manage all Property Real and Personal that may be Set apart to me by devise or decent and to Demand, Sue for, Receive and Receipt for all moneys that might interest or claim that may be owing to or due me. Giving and granting unto my Said Attorney full Power and Authority in and about the premises and to use all due means cause and precept in the law for the full effectual and complete execution of Said business and in my name to make and execute due acquittance and discharge and for the premises to appear and the person of me the constitute to represent before any Governor, Judge’s Officers and Ministers of the Law whatsoever in any Court or Courts of Indicative and thereon my behalf to prosecute for debt fraud and any manner of claim this constituent may have against any person or persons and to answer defend and reply unto all actions and causes matters and things whatsoever relating to the premises. Also to submit any matter in dispute respecting the premises to abstraction or otherwise with full power to make and substitute for the purposes aforesaid one or more Attorneys under my Said Attorney and the Same again to Revoke at pleasure and generally to say , to act, transact, determine, accomplish and finish all matters and things whatsoever relating to the premises as fully amply and effectual to all intents and purposes as I might or could do if personally present although the matter should require more Special Authority than is herein comprised hereby Ratifying Confirming and holding valid all that my Said Attorney or his Substitute or Substitutes shall Lawfully do or cause to be done by virtue of these Presents. In Witness whereof I have hereunto Set my Hand and Seal the Third day of April in the year One Thousand Eight Hundred and Fifty Seven. Signed: John G. McBee Signed and Sealed and delivered in the presence of, Wm. Jeff Gatewood-NP State of California] County of Calaveras] Personally appeared before the undersigned and acting Notary Public in and for the County and State aforesaid, duly commissioned and sworn with legal authority do take acknowledgment of Deeds, John G McBee personally well known to me to be the person who executed the foregoing Power of Attorney who acknowledged to me that he executed the same freely and voluntarily for the use and purposes therein mentioned, with a full privilege of the (--?--) thereof. In Witness whereof I have hereunto Set my Hand and affixed my Official Seal at my office in the Village of Mokelumne Hill in the County and State aforesaid this Third day of April in the year One Thousand Eight Hundred and Fifty Seven. Signed: Wm. Jeff. Gatewood, Notary Public (LS) State of California] County of Calaveras] I N.L. Broughton, County Clerk of the County of Calaveras aforesaid hereby certify that Wm. Jeff. Gatewood a dully commissioned Notary Public in and for the County and State aforesaid duly and legally Sworn and acting as such and that the Signature affixed to the foregoing acknowledgment is his usual Signature. In Witness where of I have herewith Set Hand and the Official Seal of my Office at my office in the Village of Mokelumne Hill in Said County this Third day of April AD 1857. Signed: N.L. Broughton, County Clerk, By: C.D. (Spiners, ?) Deputy Filed in my Office for Record on the first day of January AD 1858, at One O’clock P.M. and Recorded the same day at Three O’clock P.M. in Book "G" of Records, Deeds, Bonds and (C ?) on Pages 260-261-262-263-264. Witness my Hand and Seal of Office at Canton on the First day of January AD 1858. Signed: A.G. Parker, Clerk County Court, Van Zandt County. (LS) ***(Jeremiah Merriman was the Brother in-law of Elizabeth O Reeves-McBee, wife of John G. McBee ) C: Book G, Pages 271, 272, 273; 1 January 1858 John G & Elizabeth O Reeves-McBee to Henry Scroggins: Warranty Deed; The State of Texas] County of Van Zandt] Know all men by these presents that I John G McBee and Elizabeth McBee his wife for and in consideration of the Sum of Three Hundred Dollars to us in hand paid by Henry Scroggins at the County of Kaufman and State of Texas the receipt whereof is hereby acknowledged have granted bargained sold and released and do hereby grant, bargain, sell and release unto the aforesaid Henry Scroggins his heirs and assigns forever the following described land to wit, Two hundred acres of land situated in the County of Van Zandt on the waters of the Sabine River, it being a part of the Headright of Wm. H. McBee, Deceased. Which by reference to the Record of the Probate Court of said County will be seen to be division for Silas P McBee, Deceased of 700 acres of land and said two hundred acres of land being a part of said 700 acres set apart for John G McBee. Beginning at the east corner of No. 3 made for R McBee at a stake see Robert McBee’s field notes for witness Trees—Thence N 45 degrees W 342 varas to the W Corner of Silas P McBee’s 700 acres Division from which all the divisions are taken. See field notes of Said Tract for Witness Trees -. Thence S 45 degrees W 3300 varas to a stake. Thence S 45 degrees E 342 vars to a stake in Prairie the W corner of division No. 3. Thence N 45 degrees 3300 vars to place of beginning;. Together with all and singular the rights members hereditaments to and appurtenances to the same belonging or in any wise incident or appertaining to have and to hold all and singular the above mentioned and described land unto the said Henry Scroggins his heirs and assigns forever and we do hereby bind ourselves our heirs executors administrators and assigns to warrant and forever defend all and singular the aforesaid land unto the said Henry Scroggins his heirs executors administrators and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof. In Witness whereof we hereunto set our hands and seals using Scrolls for Seals this 1st day of January AD 1858. Signed: (Initialed before signing) John G. McBee (Seal) By; his Attorney, Jeremiah Merryman (Seal) and Elizabeth O (her “x” mark) McBee (Seal) The State of Texas] County of Van Zandt] Before me the named signed authority, Personally came Jeremiah Merryman, to me well known who signed the foregoing Deed as Attorney for John G McBee and also signed the name of Said McBee to the written Deed and Acknowledged to me that he signed Sealed and delivered the same unto Henry Scroggins for the purposes and consideration therein set forth & expressed. Witness my hand and Seal of Office at the town of Canton on the 2nd day of January AD 1858. Signed: A.G. Parker, clerk County Court, Van Zandt County. (LS) ? CASE # 346 23 November 1858 Divorce Petition: Page 1 The State of Texas] In the District Court for County of Kaufman] Texas AD 1858 To the Honorable R. A. Reeves, Judge of the Ninth Judicial District. Your petitioner Elizabeth O. McBee as resident citizen of Kaufman County would most respectfully represent to your Honor that; on the first day of June A. D. 1846 in the County of Henderson, (now Van Zandt) in said State your petitioner and John G. McBee a resident of said County then, now a citizen of the State of California were lawfully married together and lived together as man and wife, in peace and harmony from the day of their marriage until about the (----) day of March A. D. 1850. Your petitioner avows that she always treated her said husband kindly, affectionately and with the fidelity due from a wife towards a husband and always endeavored to render the marriage union agreeable and happy. when to great surprise, she said Defendant (her said husband), totally disregarding his said marriage vow, did on the (--)said day of March AD 1850 leave your Petitioner and an infant female child fourteen months old. The offspring of said marriage, in destitute circumstances without one cent to support them with intent to abandon your petitioner, said husband so left your petitioner thus abandoned, Divorce Petition Page 2. from the day last aforesaid to present time, without making any arrangement whatever to support or aid your Petitioner in supporting herself and her said child the offspring of said marriage. But left your Petitioner, thus destitute to support herself and raise their said child as best she could. Your petitioner has thus by her own industry and energy thus far supported ( been ) left to her own procured a (sustenance) for her self and child with the hopes that her said husband the defendant, would ultimately recant his determination and return to discharge his marital duties toward her and aid her in discharging their mutual parental duties toward their little daughter Narcissa Jane. But to your Petitioner’s Sad Surprise she has been informed and so expressly charges, that said Defendant in total disregard of his marriage vows to her, is now living in (-marked out-) with another woman in the State of California and has been so living for some time past. Your Petitioner avows that she has no separate property out of which to support herself and child. And that there is no community property acquired since the marriage. Your Petitioner is informed and so charges that the said defendant has inherited a considerable Divorce Petition page 3. amount of property from his father’s estate to wit four hundred and six acres of land lying in (K---) (Kaufman?) County, Texas, (between lines/ the headright or part of the Headright of Wm McBee) A certified copy of his title papers will hereafter be (her---?) the filed marked exhibit (A) and to be (---------line marked through----)and a considerable amount of (cash?) is now in the hands of Henry H Scroggins, administrator of William N McBee deceased belonging to the said Defendant, the amount, Your Petitioner is now unable to state. The previous considered Your Petitioner prays that the said John G Magby be Cited by publication , as the law directs to (----)appear and answer the Petition. That Your Petitioner be allowed alimony out of the said property of her said husband and a sufficient amount for the support and education of their said child, pending this suit. And upon a final hearing may your Honor adjudge her a divorce from the bonds of matrimony with the Defendant and that the bonds of matrimony between them be annulled and held for naught. She further prays Your Honor (---unreadable--) decree her so much of the Defendant’s property as will fully remunerate her for her toil and trouble of raising their Said child and Decree her the guardianship of their Said child and sell Divorce Petition page 4. a part, so much of the Defendant’s said property as is not decreed to hold for the education and support of their said child. Petitioner further prays that the said Defendant (---) be enjoined and inhibited from disposing of said Property during the pendancy of this suit. And from all other and general relief as the equity and good conscience belongs and the (values ?) of your Petitioners case requires, as is duty bound. She will ever pray ye. Signed: Rosenbaum & Henderson (for Plff ) (Plaintiff): Elizabeth O McBee The State of Texas] County of Kaufman] This day personally appeared before me the undersigned authority, Elizabeth McBee and subscribed the foregoing Petition and made Oath that the allegations therein set forth so far as she knows of her Own knowledge and has so far as she has been informed by others she believes them to be true. Subscribed and sworn to before me, this 22nd day of Novr AD 1858. Signed: C.W. Crouch, JP page 5. The State of Texas] County of Kaufman] In the District Court of Kaufman County, Fall Term AD 1858: Elizabeth O McBee (vs) John G McBee ] Divorce This day personally appeared before me the undersigned authority Henry Scroggins and Robert Johnson and under Oath Swear that they are acquainted with the Plaintiff that she is a lone woman without property as or assistance from any source unless it be by her own personal exertion , and the charity of her friends, to secure a support that she has one little daughter about nine years old, to support besides herself. That her husband left her without means to support upon and without home or shelter for her protection. Signed: H. Scroggins and Robert Johnson Subscribed and Sworn to in open court this 22nd day of Nov. AD 1858: Signed: G.W. Seitz, Clk, D. C., K.Co. Document Jacket, Divorce Petition: Filed 23 November, 1858. Signed: G.W. Seitz, Clerk, District Court, Kaufman County ** It is my opinion that the date (?) March 1850 used by Elizabeth to claim that John Garvin left is incorrect, as he is shown living with her and Narcissa J. on the Kaufman Co., TX Census on the 17th day of October 1850. It is probable that he left in March 1851, based on claim that Narcissa was 14 months of age and the Census date recorded. *** Elnora Frances Cook-Wyrick CASE #346 21 May 1860 Amended Petition Page 1. Elizabeth McBee [vs] John G. McBee In the District Court Spring Term 1860, now comes the Said Plaintiff Elizabeth McBee by her attorneys and (---) of the Court (first hand?) amends her Original Petition, and in addition then to (avows?) that the said defendant so abandoned her as (avowed?) in her Original Petition and has remained in abandonment from her for more than three years before the commencement of this suit. Petitioner further (avows?) that said defendant is now and was at the commencement of the suit. The legal owner as his separate property of four hundred and six acres of land which he inherited from his father William H McBee as is shown by an Order of distribution of the Probate Court of Van Zandt County. And original of the records of the probate Court of Van Zandt County is herewith filed marked "A" and pray to be made a part of this amended Petition as fully as if herein copied which said transcript fully sets out. The boundary of said tract of land. Your Petitioner prays as in her Original - Page 2. -Petition and in the event that the prayers of her Original Petition with regard to the lands of Said Defendant can not be granted she prays that said tract of land belonging to the Said Defendant decreed to your Petitioner for life for the support of herself and for the support of and education of their said child and for general Relief. Signed: Rosenbaum & Henderson, for Plaintiff. Document Jacket: Elizabeth McBee [vs] John G McBee Amended Petition Filed 21st May 1860, J.T. Rayel, Clerk, District Court, Kaufman County Case #346: 4 February 1859: Court Order, Sheriff Page 1 The State of Texas ] County of Kaufman ] To the Sheriff of said County, Greetings; You are hereby commanded to summon by publication in the Dallas Herald a newspaper published in the Town of Dallas, Dallas County, Texas. John G. McBee, whose residence is alleged to be in California to be and appear before the District Court, to be holden and for the County of Kaufman, at the Court house thereof in the town of Kaufman, on the Eleventh Monday after the first Monday in March 1859. Then and there to answer the Petition of Elizabeth O McBee filed in said county against the said John G. McBee and alleging in substance as follows to wit; That on the first day of June 1846 petitioner was legally married to said John G McBee; That she ever acted toward him with the affection and fidelity due from and characteristic of a good wife, endeavoring to render their marriage a happy one; That on the ----day of March 1850 the said John G. McBee (amilly?) abandoned her and left her in a very destitute condition, with no means of subsistence save her own individual labor; That the said John G. McBee has remained away from her without any communication whatever with her from the date last aforesaid up to the time of the commencement of this suit; and she prays for citation and judgment annulling the bonds of matrimony existing between her and the said John G. McBee and also for costs and general relief. Herein fail not but have you then and there this writ, with your return showing how you have executed the same. Witness, G.W. Seitz, Clerk of the District Court of Kaufman County. Given under my hand and seal of said Court in the town of Kaufman this 4th day of February 1859. G. W. Seitz, Clerk Dist. Court, Kaufman County, By W. H. Barnes, Deputy. Page 2. Executed by making publication of the within Citation in the Dallas Herald for four weeks, it being a Newspaper published in the named County to this. S.O. Gibbs, Sheriff; July 7th 1859. Document Jacket: Elizabeth O. McBee [ VS] John G. McBee; Citation Issued February 4th 1859; G.W. Seitz, Clk, D.C. K.C. By, W. H. Barnes, Deputy Received in office same day issued and service rendered by forwarding copy to Dallas Herald for publication. 7th Feby 1859 S.O. Gibbs, Sheriff, Kaufman County. CASE #346 No Date; Court Order to Jury & Verdict Page 1. Elizabeth McBee [vs] John G. McBee Charge by the Court: The plaintiff must prove that she and the defendant were husband and wife. This may be done by proving that they lived together as husband and wife, recognizing each other as such, and were so treated and regarded in the community in which they lived. If you find then that they are husband and wife and that the defendant left his wife for the period of three years or longer immediately before the commencement of this suit intending to abandon her and that they have lived apart during that time without any fault of the wife she would be entitled to a divorce. If you find then that the statements in the petition have been proved, so say by your verdict. Also state what property the defendant has and if it is land state the quantity and where situated. If you find that the allegations in the petition have not been proved, find for the defendant. Signed: R.A. Reeves, Judge 9th Judicial District. Document Jacket and Verdict: We the jury find verdict for the plaintiff, and believe that the statements in the Petition has been proved. We also find the defendant is possessed of some land and (---unreadable--)same situated in Van Zandt County, as described in the transcript. A. F/S Mardin, foreman. Previous pages received from Terrell Heritage Society, Kaufman County, TX; August 1999 CASE #346 24 May 1860 Final Divorce Decree Page 1 Divorce of Elizabeth McBee; VS John G. McBee; Now comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that the defendant John G McBee had been duly cited by publication in the Dallas Herald the nearest newspaper. The Court appointed, B.J. Osborne and H.P. Teague (Esqrs) to represent the interest of the State and come a jury of good and lawful men, to wit; A.J. Hardin and eleven others who being elected tried and sworn, after hearing the evidence argument of Counsel and the charge of the court, retired to consult of their verdict and after some time spent therein returned into Court the following verdict: "We the Jury find a verdict for the Plaintiff and believe that the statements in the petition have been proved, and also find the Defendant possessed of four hundred and six acres of land situated in Van Zandt County as described in the transcript". A.J. Hardin Foreman; This therefore ordered adjudged and decreed by the Court that the: Bonds of Matrimony heretofore existing between the Plaintiff and the Defendant be and they are hereby dissolved and held for naught. And it is further ordered, adjudged and decreed by the Court that the Plaintiff have the guardianship of the child Narcissa Jane and that one half of the four hundred and six acres if the tract of land described in the Plaintiff Petition in Exhibit (A) allotted to the defendant John G. McBee by the Probate court of Van Zandt County be and it is hereby set apart to the only use and possession, occupancy and benefit of the said Plaintiff, for and during her natural life for the support of herself and her said child, and this division is not to be so construed as to divide title of said land out of the said defendant and it is further ordered that the Plaintiff have and recover of the said Defendant all the costs in this behalf expended for which let executive issue. Recorded as written by Elnora Frances Cook-Wyrick