William Terry Jr. Botetourt Co., Virginia :Age and Land Acquisition

In 1771, William and Rachel Terry, transferred 100 acres on Black Runn to son William Jr.  Researchers for decades have made the assumption this William had to have been at least 21 years of age to own land. It is a logical assumption based on the tenets of British Common Law at use in the British Colony of Virginia at the time. There were, however, some exceptions. Apparently gifts of land could be transferred much earlier. 

In distant outposts where this Terry group was among some of the earliest of settlers and well respected serving as early surveyor, roadbuilders and constable - if one man deemed his son "man enough" to join or train in the militia or own land it was not unknown that such happened to youth as young as ten in the militia training and twelve to sixteen for land ownership. So the assumption that this William Terry had to be 21 in 1771 means he was born about 1750. Since the only marriage of a William Terry to a Rachel found was the one in 1750 at Christ Church, Philadelphia, Pennsylvania, this , it was reasoned, meant there HAD to be a first marriage of this William. Despite not finding one of those it was assumed his birth date was 1750 and it became carved in stone.

Once that happened, the approximate birth dates that had been in place became fact and a growing number of children gained ever earlier birthdates and increased the children of this mythical first marriage.

There is a clue that this 1771 transfer was in fact a "deed of gift", and as such, means that William could be much younger than supposed. Botetourt Deed Book 1. pg 435-436 a 'Deed of Gift'. This action is recorded in additional resources such as "Annuals of SW Virginia" by Summers (pg567), "Kegley's Virginia Frontier," (pg530), Francis Terry Ingmire's "Terry's and Allied Families..." (pg.652). Some interpret the Wm J son" to be a middle initial but it is more likely a Jr. designation referring to the younger Wm Terry who was son of the older Wm and Rachel.

As a result of this "Deed of Gift" William the younger here could have been born much closer to the 1759 marriage date. 

All of which brings up another fascinating colonial reality.  People could and did engage in a marriage without state sanctions. There were churches, meeting houses, and similar offices for marriage that might have been used. At that time, colonial era, in many colonies the bond that was required by the government (The British Government) was often exceedingly high. I have found bonds for marriages that required the males to put down 500 to 2000 lbs British currency to be granted a license to wed. As a result, older and often more financially stable individuals stood surety that if the marriage did not take place the bond was still be paid along with any additional costs required. 

In some religious groups, moreover, the religious ceremony of exchanging vows and making pledges to each other and the religious community took precedence (this was an era when a lot of North America was settled by religious non-conformists abounded).  From instances seen in surveying some Quaker records more than one stance of a couple marrying in a civil setting (something the Quakers frowned on) and then going through a formal and official religious ceremony, it would be possible for a couple to engage in a social contract of marriage and then, later when finances or circumstances allowed, have one the fulfilled the government requirements.

It is something to consider as we explore these early records, families, and the assumptions made about dates and earlier, unsourced or unproven, early marriages.

William Terry, the younger, son of William and Rachel Terry served his community well as surveyor, roadbuilder, constable (as well has his father), and serving in the militia. His residence with the dividing up the county appears to have landed in Montgomery Co. by the time his will is probated in 1826 (find entry on this blog with details), he names his wife Patience. 

Documents, including land documents, her will in Floyd Co., Va, and her father's of Botetourt Co. indicate her name was Cooper. They apparently had no children (or none who survived) and in his will his brother's son, Isaac Terry is mentioned as an heir. This solidifies his connection to the family of William and Rachel Terry of Botetourt Co.,

THE 1785 TAX LISTS OF BOTETOURT COUNTY AND THE TERRY FAMILIES

The Tax Lists of Botetourt Co., Va 1783-1790 presents insight into family groups. To date, no map of the taxation districts has been located, but using other maps such as those found in Kegley's Virginia Frontier some general assumptions can be made. 

It is clear, from an earlier post, that land dealings with one group are centered around the "Little River" Branch of the Roanoke. Those primarily selling land or acquiring land in that general area appear to be the family group headed by the Jasper Terry who married, assumed, Mary Morrison. Records mention a Jasper Sr. and a Jasper Jr. along with a Josiah Terry. Who would these elder and younger Jasper Terry's have been based on the time line? (The Jr. and Sr. in the day was not necessarily a title of son and father but often a means to distinguish between two men of the same name. See for more information on this Senior, Junior & Name Suffixes in General | Bob's Genealogy Filing Cabinet (genfiles.com))

We know from other sources, Kegley's and Chalkley's and the like, that there were in Augusta County, Virginia ca 1744 to 1783, two men (at least) named Jasper Terry and William Terry.  Those sources are not as consistent in identifying an elder from a younger or even establishing clear relationships (unfortunately). Contextual evidence has to be applied to begin to paint a picture of the relationship this Augusta County (and later Botetourt and Montgomery County) groups shared.

Item One: Relationship Via Association

From numerous other colonial and early national era documents it is clear that most people valued what they called "connection" to family, society, and church. They gathered to share news of life, economic events, development plans, dangers and enjoy the strength brought through having family together or close by. This clan or tribal mentality was common in the region, some of it a hold-over from the Scots-Irish who streamed into the Appalachian area and some from just the lessons learned by earlier pioneers into wilderness regions.

So, on the tax lists, when presumed family members are found being enumerated in the same taxation district, it supports the notion they would have stayed close. It supports the notion that there is a familial relationship, especially when backed up by deeds and the like. For efficiency sake the local Militia leaders were assigned the task of enumerating for the taxation process. These were often men who lived in the areas assigned adding an additional help in locating.

Consider the following:

1785 Botetourt Co., VA (they were counting Males Over 16, Slaves over 12, Horses, and Cattle)

Capt. Neely's District:

• William Terry Sr. (We can assume this is the William who arrived in 1744)
• Miles Terry (We can assume this is the Miles born circa 1760)

Capt. Easom's District:

• Jasper (We will assume this man was born circa 1755 to be on the tax roll as being 16+)
• William (We will assume this man to be born circa 1755 to be on the tax roll as being 16+)
• Josiah (We will assume this man was born circa 1755 to be on the tax roll as being 16+)
• Jasper Sr. (We will assume that this is man is born circa 1730)

In 1785 - the William Terry (1724-1792) who married Rachel - would have several children marrying, some ready to migrate out of the region, and some who might still have been at home but not working their own land but assisting with their father's. At this stage, William was aging and would soon be labeled exempt from taxes due to his age. Court records indicate William's children to be: William Jr., Jasper, John, Miles, Mercy (Harrison), Susannah (Brown), Rachel (Martin) and Jemima (Boucher). The Wm Sr. and Miles would be of an age to be taxed due to property they owned (and with few exceptions most seem to be noted in a head of house manner on the report). I believe, due to events later on, that staying at home were elder son Jasper and his wife Ruth.

In 1785 - the Jasper Terry Sr. could be the man who arrived in Botetourt with or at the same time as Wm Terry and purchased items at a local estate sale. 

a. It is possible that there was a Jasper Terry who migrated into Augusta with his in-laws the Harts from Pennsylvania. Since many of those Pennsylvania Harts (Aaron, Miles, etc.) are listed as working alongside William and Jasper Terry building roads in the early 1750's. Many of those Harts, however, appear to have continued southeast and ended up in Union County, South Carolina and related spots. There, the Hart Patriarch Thomas Hart, died. That Jasper Terry of PA who married a Mary Hart and disappeared from the records of Bucks Co., PA, may have appeared for a time in the records of Botetourt County before moving on with inlaws and friends. It is believed he had only one son, Joseph Terry, who was fostered into the care of his Uncle John Terry in Bucks Co., Pa. His line will carry, according to DNA work already done, the Haplogroup designation of I-02.

b. It is probable that another Terry group also migrated into the Augusta County area at some point before 1783.  This Jasper Terry, with wife Mary Morrison, has son identified as Josiah.  Josiah will marry a woman named Mary Lloyd and have a son Jasper Morrison Terry and an Aaron Burr Terry. I argue that that the Senior Jasper was the man known as the husband of Mary Morrison Terry and father of Josiah.  

I argue that the Jr. Jasper listed here is not, Josiah's son J.M. Terry but rather, the Jasper Terry who will die in 1819 in Montgomery Co., Va with wife Margaret (assumed Snidow) and sons Jonathan, Silas, Elijah, William, with daughters Keziah Terry Graham, Karon-Happuck Terry Rose, and Jemima Terry Deweese.  The marriage records indicate witnesses coming from inlaws and family of this group. So, in this tax record we see a probable listing for Jasper the elder, his two sons Jasper and Josiah (with a large body of horses and cattle). 

The odd-man is  the William Terry listed there with only 4 horses and 5 head of cattle. Is this Jasper and Margaret's son William (who will marry later an Elizabeth) or is this the "other" William, son of William Sr.? This line will carry, according to DNA work already done, the Haplogroup designation of G-02. This should make it easier to begin to untangle the lines and bring some final sense to the many Terry's in the region in this time period.

It is noteworthy, without continuing to explore the similar pattern of association within a specific taxation district, that the majority of the Jasper Terry group appear to leave the Botetourt Co. tax list about the time that Montgomery Co., is formed and almost all later records of deeds, wills, etc. will be found in that area. 

Both groups will see children migrate out of the area into Tennessee, Kentucky, Indiana and other regions.

It is also noteworthy to mention that in those later tax lists there is seen the appearance of some new Terry people. A Stephen Terry appears and, I believe, he will prove to be part of the eastern body of Terry's who exhibit the Haplogroup I-01.  This includes the line of the Revolutionary War hero Nathanial Terry, his father Benjamin and the brothers James and John who are coastal Virginia circa 1700. This is the group that will purchase the noted land of Elmwood Plantation and be prominent post civil war. 

A THEORY: SORTING OUT THE JASPER TERRY'S OF BOTETOURT CO., VIRGINIA CA 1790, A NEW RELATIONSHIP CONCEPT

Thesis: I suggest that the Jasper Terry who married Mary Morrison and had Josiah Terry who married Mary Lloyd and then a son named Jasper Morrison Terry was father of - a least - two sons in Botetourt Co., Va.  A Josiah who married Mary Lloyd and a Jasper who married a Margaret. I suggest this based on an assumption that the line of Jasper and Margaret will also reveal itself to be the same G-02 Haplogroup of the others mentioned above.

Suggested Family Line:

Jasper Terry (c1729) md Mary Morrison (c1733) and had the following children:

1) Jasper Terry (c1756-1819) and Margaret. [THEORETICAL] Jasper Terry dies in 1819 in Montgomery County, VA naming three daughters: Keziah Terry Graham, Jaron-Happuch Terry Rose, and Jemina Terry Deweese. Inferred are some males who may be sons: Jonathan Terry, Silas Terry, Elijah and William. Local records indicate that a Jonathan married an Elizabeth, a Silas married a Catherine Rutout, an Elijah married a Mary Right or Wright, and a William married an Elizabeth.  Note, I theorize that this group would reveal a similar DNA haplogroup to the G-02 of Jasper Sr. and Josiah.

2) Josiah Terry (1755-1839) and Mary Lloyd (1756- c1844).  They had children Jasper Morrison Terry (1777) and Aaron Burr Terry (c1782),  Josiah Jr. (1784), Martha (1798), Amelia (1800) and William (1804) who md Jane Winters.

Interesting Locale Point:

Local deeds and sale records reveal that this group appear to have bought and sold land largely on the Little River Branch of the Roanoke. This in contrast to the sales of land of descendants of William and Rachel Terry who appear to be focused more along Black River and similar tributaries of the Roanoke River. It is believed that searching earlier and other evidence will show a distinct clustering around Black Water/Black Run Branch related to the descendants of William and Rachel Terry.

1744, Dec. 13 a Jesper Terry bought items at an estate sale of Daniel Monahan; also buying were other early pioneers Wm Terry and Henry Brown.

1767- A Jasper Terry Jr., 165 acres on the Roanoke

1783 - Tax list for Botetourt Co., Va. Tax regions were divided up between militia leaders, so in Capt. Neely's District (just north and west of Wm Terry's lands) were listed Miles Terry (1054), William Terry (1135) and a Wm and Joseph Horton (Horton being the maiden name of Miles Terry's wife Hannah Horton). In Capt. Easom's District was a Wm and a Josiah Terry (father and possible grandson).

1784 - Tax List for Botetourt Co., VA again in Capt. Neely's district were a Wm Terry (0036), a Thomas Brown (daughter of Wm was Susannah who married a Thomas Brown), a Miles Terry (1032) and a Wm Terry Sr. (0035). In the District of Capt. Easom were Jasper Sr., Jasper Jr. and Josiah.

1786 - In Capt's Nelley and Graham's District were Wm Terry, Miles Terry, Jesse Terry, and a Thomas Brown. In the District of Capt. Samuel Easom was William Terry (1024), Josiah (1028), Jasper Jr., Capt Wm Terry  and a William Terry.

1787 - Miles Terry, Jessy Terry William Terry (district unknown for source); District of Roland Madison was Wm Terry (0012), Josiah Terry (0027) and Jesper Terry .

1788 - In the District of John Robinson was Wm Terry, Jonah Terry, Gasper Terry, Thomas Terry, and Wm Terry.

1789 -District of John Robinson: Wm Terry, Josiah Terry, Wm Terry, Gasper Terry

1790 - Mills Terry, Jesse Terry, Miles Terry - District of Hugh Allen.

1791 - District of Hugh Allen was a Wm Terry, Jesse Terry, Miles Terry

1792 -District of Hugh Allen was a Mils Terry, Jesse Terry, William Terry. In more removed district of Baker Davidson was a Stephen Terry (part of an eastern Terry group that migrated into the region about this time period. It is this eastern group that will ultimately acquire Wm Terry's land where Elmwood Plantation will be built later post Civil War).

1793- a William and wife Elizabeth, Montgomery Co., Va  sold acres on Little River to Isaac Renfro.

1800 - Silas Terry, bought land Botetourt Co. on Beaver Dam Branch of Little River...original warrant had been signed by a Jasper Terry.

1800 - March 1, Jasper Terry  sold to Phillip Williams land in Montgomery Co, formerly in Botetourt Co., on the Pine Creek Branch of the Little River, joined with Wm Calaway, In vertue Treasurer Warrant 1204, filed Nov. 13, 1784 (300 acres for 200 lb. Signature of Jasper Terry SR.). Note the use of the title "SENIOR" thus inferring there has to be a "JUNIOR".  The only gamily group with a Jasper Terry in it fulfilling that Junior role would be to include Jasper Terry with wife Margaret, as a son of Jasper Terry with wife Mary Morrison and brother of Josiah and Mary Lloyd Terry. 

1801 - A Josiah Terry sold acres in Montgomery Co., Va on Cedar Creek and Elliot Branch South Fork of Roanoke.

1804 - Jasper and wife Ruth sold to Elijah Terry acres on Little River.

1804 - Long time local land owner John Persinger rec'd 300 acres of the two parts of William Terry (deceased) land via Jasper Terry and his wife Ruth, Book 8, p564.

1813 - Jasper Terry dealing land on Beaver Dam of Little River

1817 - Jasper Terry and wife Margaret land transfer to local person (March 17, Bk F pg 299)

1819 - March 13, Jasper Terry sold to Jonathan Terry, land adjoining Daniel Shelor's ( Bk G, p182)

1823 - Jasper Terry, estate, ... his land on Rush Creek branch of Pine Creek of Little Rover sold Aug 1823, (Bk H pg. 400)

1823 - Elizabeth wife of Jonathan Terry sold land on Little River Branch, Sept 1823  (Bk H pg 430)

1826 - John Terry son of Silas and Catherine Rutrout Terry, dealt concerning land with Thomas Helm on Little River (Book I&J May 22 1826/

As becomes quite clear there appears a small group of people all sharing a common interest in lands on Little River and its branches. With few exceptions, because people do buy land when available, this land selling and buying involved names all associated with the names proven or theorized with descendants of Jasper Terry and Mary Morrison Terry. Names listed in the 1819 Will of Jasper Terry, wife Margaret, appear as well and with interest in the same lands around Little River.

Conclusion: In presuming that a) there are two Jasper Terry's co-existing in the same time period and general location and are unrelated (one a Haplogroup G-02 and the other a probable I-02 but possibly an I-01), and that one (Jasper with Margaret ) is related to Jasper and Mary Morrison Terry and the other (Jasper with wife Ruth) is related to William and Rachel Terry of Botetourt Co., Va, and in using documentary and DNA evidence to support the conclusions, the "problems" of who is who in this group of Terry's of early day Botetourt and Montgomery Co. become clearer. What is needed to prove this is DNA from the lines outlined in the Will of Jasper Terry of 1819 Montgomery Co., VA. (Silas, William, Jonathan, and Elijah Terry).