Lynda Diane Fant

Female


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Generation: 1

  1. 1.  Lynda Diane Fant

    Lynda — John Hill. [Group Sheet]


Generation: 2

  1. 2.  Samuel Andrew Fant was born 3 Jun 1923, Axtell, McLennan County, Texas (son of Bennett B. Fant and Fannie Octavia Green); died 27 Jun 1980, Houston, Harris County, Texas; was buried 30 Jun 1980.

    Notes:

    Samuel Andrew Fant
    3 June 1923 – 27 June 1980 • 9KBJ-C83?
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    Name
    Samuel Andrew Fant
    Sex
    Male
    Birth
    3 JUN 1923
    Axtell, McLennan, Texas, USA
    Christening
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    Death
    27 JUN 1980
    Houston, Harris, Texas, USA
    Burial
    30 June 1980
    Houston, Harris, Texas, United States
    Other Information
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    Samuel Andrew Fant
    1923–1980 • 9KBJ-C83?
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    Bennett B Fant
    1884–1965 • 274X-1NK?
    Fannie Octavia Green
    1887–1966 • 274N-6T6?
    Marriage: WFT Est. 1899-1931


    Children (9)
    Cora Lee Fant
    1909–1929 • KLGD-9X1?

    Mary Margaret Fant
    1911–1971 • KP3H-GGW?

    B. B. Fant Jr
    1913–1913 • 9WH4-S9Y?

    Fannie Mae Fant
    1914–2001 • KP3H-G59?

    Bille B. Fant
    1917–1984 • KP3H-GR7?

    Pauline Fant
    1921–1944 • KP3H-GTJ?


    Samuel Andrew Fant
    1923–1980 • 9KBJ-C83?

    Alfred Edward Fant
    1927–1997 • 9KBJ-CZY?

    Mr. Fant
    1927–1927 • 9SNZ-2QJ?

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    Sources
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    Samuel Fant, "United States Social Security Death Index"

    Samuel Fant, "Texas Death Index, 1903-2000"

    Sam Fant in household of Bennett B Fant, "United States Census, 1940"

    Samuel Andrew Fant in entry for Edward Ardis Fant, "Texas Birth Index, 1903-1997"

    Sam Fant in household of Bennet B Fant, "United States Census, 1930"

    Samuel Andrew Fant, "Texas Death Index, 1964-1998"
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    by LyndaHill3
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    L8BC-GBJ


    9KBJ-C83


    LKX8-FJ9


    L64X-PHP


    9XY3-598


    96TL-WSS


    K261-19K


    L8X7-NVP


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    K24H-PNM

    Samuel — Alice Lorene Tillery. [Group Sheet]


  2. 3.  Alice Lorene Tillery
    Children:
    1. 1. Lynda Diane Fant


Generation: 3

  1. 4.  Bennett B. Fant was born 11 Sep 1884, Texas (son of Alfred E. Fant and Mattie Johnson); died 15 Jan 1965, Palestine, Anderson County, Texas; was buried 17 Jan 1965, Axtell Cemetery, Axtell, McLennan County, Texas.

    Other Events:

    • Occupation: Carpenter

    Notes:

    Bennett B. Fant
    Texas Deaths and Burials, 1903-1973
    Name: Bennett B. Fant
    Gender: Male
    Burial Date: 17 Jan 1965
    Burial Place: Axtell, Texas
    Death Date: 15 Jan 1965
    Death Place: Palestine, Anderson, Texas
    Age: 80
    Birth Date: 11 Sep 1884
    Birthplace: Texas
    Occupation: Retired Carpenter
    Race: White
    Marital Status: Married
    Spouse's Name: Fannie O. Fant
    Father's Name: Alfred E. Fant
    Mother's Name: Mattie Johnson

    Bennett — Fannie Octavia Green. Fannie (daughter of Perry Green and Sallie R. Green) was born 30 Jun 1887, McLennan County, Texas; died 29 May 1966, Anderson County, Texas; was buried Axtell Cemetery, Axtell, McLennan County, Texas. [Group Sheet]


  2. 5.  Fannie Octavia Green was born 30 Jun 1887, McLennan County, Texas (daughter of Perry Green and Sallie R. Green); died 29 May 1966, Anderson County, Texas; was buried Axtell Cemetery, Axtell, McLennan County, Texas.

    Notes:

    Fannie O. Fant
    BIRTH 30 Jun 1887
    DEATH 29 May 1966 Anderson County, Texas, USA
    BURIAL Axtell Cemetery Axtell, McLennan County, Texas, USA
    MEMORIAL ID 97587945

    Family Members
    Parents
    Photo
    Perry Green
    1837–1919

    Photo
    Sallie R. Green
    1858–1899

    Siblings
    Photo
    Sallie Marietta Green Day*
    1885–1962

    Samuel William Green*
    1889–1966

    Half Siblings
    Photo
    Mary K. Green Vivrett*
    1892–1987

    Photo
    Perry Roberts Green*
    1894–1981

    Photo
    Ester May Green*
    1897–1900

    *Calculated Relationship

    Children:
    1. 2. Samuel Andrew Fant was born 3 Jun 1923, Axtell, McLennan County, Texas; died 27 Jun 1980, Houston, Harris County, Texas; was buried 30 Jun 1980.


Generation: 4

  1. 8.  Alfred E. Fant

    Alfred — Mattie Johnson. [Group Sheet]


  2. 9.  Mattie Johnson
    Children:
    1. 4. Bennett B. Fant was born 11 Sep 1884, Texas; died 15 Jan 1965, Palestine, Anderson County, Texas; was buried 17 Jan 1965, Axtell Cemetery, Axtell, McLennan County, Texas.

  3. 10.  Perry Green was born 9 Dec 1837, Calhoun County, Alabama (son of Samuel Green and Sarah Marietta "Sally" Roberts); died 26 Oct 1919, Waco, McLennan County, Texas; was buried Oakwood Cemetery, Waco, McLennan County, Texas.

    Notes:

    Perry Green
    BIRTH 9 Dec 1837 Calhoun County, Alabama, USA
    DEATH 26 Oct 1919 Waco, McLennan County, Texas, USA
    BURIAL Oakwood Cemetery Waco, McLennan County, Texas, USA
    PLOT Block 1 Lot 14
    MEMORIAL ID 92447213

    Family Members
    Parents
    Photo
    Samuel Green
    1793–1857

    Photo
    Sarah Marietta Roberts Green
    1804–1873

    Spouses
    Photo
    Sallie R. Green
    1858–1899

    Photo
    Cora Lee Journey Green*
    1871–1957

    Siblings
    Photo
    Rufus Sydney Green*
    1822–1886

    Photo
    Jacob R. Green*
    1825–1893

    Photo
    Fannie A. Green Stewart*
    1829–1911

    Photo
    Abraham P. Green*
    1844–1928

    Children
    Photo
    Sallie Marietta Green Day*
    1885–1962

    Photo
    Fannie O. Fant*
    1887–1966

    Samuel William Green*
    1889–1966

    *Calculated Relationship

    Perry — Sallie R. Green. Sallie was born 1858; died 1899, (Texas); was buried Thorp Spring Cemetery, Thorp Spring, Hood County, Texas. [Group Sheet]


  4. 11.  Sallie R. Green was born 1858; died 1899, (Texas); was buried Thorp Spring Cemetery, Thorp Spring, Hood County, Texas.

    Notes:

    Sallie R. Green
    BIRTH 1858
    DEATH 1899
    BURIAL Thorp Spring Cemetery Thorp Spring, Hood County, Texas, USA
    MEMORIAL ID 28184360

    Family Members
    Spouse
    Photo
    Perry Green*
    1837–1919

    Children
    Photo
    Sallie Marietta Green Day*
    1885–1962

    Photo
    Fannie O. Fant*
    1887–1966

    Samuel William Green*
    1889–1966

    Photo
    Mary K. Green Vivrett*
    1892–1987

    Photo
    Perry Roberts Green*
    1894–1981

    Photo
    Ester May Green*
    1897–1900

    *Calculated Relationship

    Children:
    1. 5. Fannie Octavia Green was born 30 Jun 1887, McLennan County, Texas; died 29 May 1966, Anderson County, Texas; was buried Axtell Cemetery, Axtell, McLennan County, Texas.


Generation: 5

  1. 20.  Samuel Green was born 9 Jun 1793, York County, South Carolina; died 20 Sep 1857, Maxwellborn, Calhoun County, Alabama; was buried Green Family Cemetery, Maxwellborn, Calhoun County, Alabama.

    Notes:

    Samuel Green
    BIRTH 9 Jun 1793 York County, South Carolina, USA
    DEATH 20 Sep 1857 Maxwellborn, Calhoun County, Alabama, USA
    BURIAL Green Family Cemetery Maxwellborn, Calhoun County, Alabama, USA
    MEMORIAL ID 16026739

    Parents
    Photo
    Jacob Nathaniel Green
    1767–1840

    Frances Sarah Eaker Green
    1770–1840

    Spouse
    Photo
    Sarah Marietta Roberts Green*
    1804–1873

    Siblings
    Photo
    Mary Green Wood*
    1798–1879

    Lucissa Green Whisenant*
    1807–1889

    Photo
    Jacob Ross Green*
    1810–1875

    Half Siblings
    Photo
    Abraham B. Green*
    1803–1879

    Photo
    Susannah Green Wood*
    1805–1878

    Children
    Photo
    Rufus Sydney Green*
    1822–1886

    Photo
    Jacob R. Green*
    1825–1893

    Photo
    Fannie A. Green Stewart*
    1829–1911

    Photo
    Perry Green*
    1837–1919

    Photo
    Abraham P. Green*
    1844–1928

    *Calculated Relationship

    Samuel married Sarah Marietta "Sally" Roberts (Rutherford County) North Carolina. Sarah (daughter of John Morris Roberts and Sarah Magness) was born 17 May 1804, Rutherford County, North Carolina; died 20 Feb 1873, Bastrop, Bastrop County, Texas; was buried Fairview Cemetery, Bastrop, Bastrop County, Texas. [Group Sheet]


  2. 21.  Sarah Marietta "Sally" Roberts was born 17 May 1804, Rutherford County, North Carolina (daughter of John Morris Roberts and Sarah Magness); died 20 Feb 1873, Bastrop, Bastrop County, Texas; was buried Fairview Cemetery, Bastrop, Bastrop County, Texas.

    Other Events:

    • Alt Birth: ~ 1792, (Rutherford County) North Carolina
    • Alt Death: Aft 1850

    Notes:

    Sarah Marietta “Sally” Roberts Green
    BIRTH 17 May 1804 Rutherford County, North Carolina, USA
    DEATH 20 Feb 1873 Bastrop, Bastrop County, Texas, USA
    BURIAL Fairview Cemetery Bastrop, Bastrop County, Texas, USA
    MEMORIAL ID 50874586

    Parents
    Photo
    John Morris Roberts
    1767–1847

    Photo
    Sarah Magness Roberts
    1772–1828

    Spouse
    Photo
    Samuel Green
    1793–1857

    Siblings
    Photo
    Joshua Roberts*
    1795–1865

    Photo
    Thomas Roberts*
    1799–1841

    Photo
    Perry Green Roberts*
    1801–1837

    Photo
    Maurice Roberts*
    1808–1875

    John Martin Roberts*
    1811–1848

    Photo
    Jane P. Roberts Summey*
    1814–1896

    Children:
    1. 10. Perry Green was born 9 Dec 1837, Calhoun County, Alabama; died 26 Oct 1919, Waco, McLennan County, Texas; was buried Oakwood Cemetery, Waco, McLennan County, Texas.


Generation: 6

  1. 42.  John Morris Roberts was born 16 Jul 1767, Chesterfield County, Virginia (son of Morris Roberts and Unity Martin); died 30 Jun 1847, Cleveland County, North Carolina; was buried Roberts Family Cemetery, Kings Mountain, Cleveland County, North Carolina.

    Notes:

    79 yrs., 11 mos., 2 days

    DOB from rootsweb

    s/o Morris & Unity Martin Roberts

    married Sarah Magness

    Other Children of Sarah Magness & Col John Robert Morris:

    Mary (Polly) Roberts 1791 - 1850
    Susannah Robert (1793 - 1856)
    Joshua Robaerts (1795 - 1865)
    William "Squire ABilly"Roberts (1796 - 1865)
    SARAH MARIETTA "Sally" Roberts 17 May 1804 Rutherford, NC - 10 Feb 1873, Bastrop, TX)
    Jane P Roberts (1812 - )
    John Martin Roberts (1811 - 1848)
    Rufus A Roberts (1816 - 1835)

    John married Sarah Magness ~ 1790, (North Carolina). Sarah (daughter of Peregrine Magness, Jr. and Mary Naylor) was born 16 Feb 1772, Lincoln County, North Carolina; died 16 Oct 1828, Lincoln County, North Carolina; was buried Roberts Family Cemetery, Kings Mountain, Cleveland County, North Carolina. [Group Sheet]


  2. 43.  Sarah Magness was born 16 Feb 1772, Lincoln County, North Carolina (daughter of Peregrine Magness, Jr. and Mary Naylor); died 16 Oct 1828, Lincoln County, North Carolina; was buried Roberts Family Cemetery, Kings Mountain, Cleveland County, North Carolina.

    Notes:

    Sarah Magness, was born February 16, 1772, in Tryon County, North Carolina, and died October 16, 1828, in Lincoln County, North Carolina. She was the last child and only known daughter of Peregrine Magness and his wife Mary. Sarah married about 1790 John Roberts, later known as Colonel John Roberts. he was born July 16, 1767, in Chesterfield County, Virginia, and died June 30, 1847, in Cleveland County, North Carolina. They lived near Sarah’s brother William, and John Roberts was an administrator of the sizable estate of William Magness. William Magness, John and Sarah Roberts, and four of the Roberts children are buried at the Roberts Cemetery in Cleveland County, North Carolina. I have been sent a list of eleven children of John and Sarah Roberts. The dates do not completely match those I have of the tombstones in the Roberts Cemetery.

    I. Mary (Polly) Roberts, born about 1791, died 1850, married 10 Feb. 1810 to Charles Doggett.

    II. Sarah (Sally) Roberts, born about 1792, died after 1850, married 31 July 1820 to Samuel Green.

    III. Joshua Roberts, born about 1795, died about 1865 Buncombe Co., NC. Married Lucinda Patton. Joshua is said to have been mayor of Asheville, NC.

    IV. William Roberts, born Sept. 10, 1796, died Oct. 4, 1865. Known as Squire Billy. Married first 2 April 1839 Mary Fulenwider, second Katherine Wray.

    V. Thomas Roberts, born August 2, 1799 (or 1794), died August 16, 1841, married 3 Oct. 1820 to Eliza Warlick.

    VI. Perry Green Roberts, born October 19, 1801, died November 21, 1837, unmarried.

    VII. Morris Roberts, born December 22, 1808, died December 10, 1875, married Dedcember 21, 1838 to Susannah Adams.

    VIII. John Martin Roberts, born about 1811, died July 31, 1848.

    IX. Rufus A. Roberts, born December 11, 1816, died August 27, 1835, unmarried.

    X. Jane P. Roberts, married December 13, 1836 to Peter Summey.

    XI. Susannah Roberts, married Charles Smith.

    Birth:
    In 1772 when the state line was surveyed between North and South Carolina, much of what was thought to have been Tryon County was found to be in South Carolina. So the original Tryon County included all or part of a number of South Carolina Counties including present day York, Cherokee, and Spartanburg Counties. In 1779 what remained of Tryon County in North Carolina was abolished and split into Lincoln and Rutherford Counties. In 1841 Cleveland County was formed from parts of Lincoln and Rutherford Counties. And in 1846 Gaston County was formed from Lincoln County.

    Children:
    1. Mary "Polly" Roberts was born ~ 1791, (Lincoln County) North Carolina; died 0___ 1850, (Lincoln County) North Carolina.
    2. 21. Sarah Marietta "Sally" Roberts was born 17 May 1804, Rutherford County, North Carolina; died 20 Feb 1873, Bastrop, Bastrop County, Texas; was buried Fairview Cemetery, Bastrop, Bastrop County, Texas.
    3. Susannah Roberts was born 8 Jan 1793, (Lincoln County) North Carolina; died 20 Mar 1856.
    4. Joshua Roberts was born 5 Feb 1795, Rutherford County, North Carolina; died 21 Nov 1865, Asheville, Buncombe County, North Carolina; was buried Newton Academy Cemetery, Asheville, North Carolina.
    5. William Roberts was born 10 Sep 1796, (Lincoln County) North Carolina; died 4 Oct 1865.
    6. Perry Green Roberts was born 1 Oct 1801, (Lincoln County) North Carolina; died 21 Nov 1837, (Cleveland County) North Carolina; was buried Roberts Family Cemetery, Kings Mountain, Cleveland County, North Carolina.
    7. Morris Roberts was born 22 Dec 1808, Rutherford County, North Carolina; died 10 Dec 1875, Cleveland County, North Carolina.
    8. John Martin Roberts was born Abt 1811, (Lincoln County) North Carolina; died 31 Jul 1848.
    9. Jane P. Roberts was born 0___ 1814, (Lincoln County) North Carolina.
    10. Rufus A. Roberts was born 11 Dec 1816, (Lincoln County) North Carolina; died 27 Aug 1835.


Generation: 7

  1. 84.  Morris Roberts was born 1731; died 1828.

    Morris — Unity Martin. Unity (daughter of John Martin and Mary Wooldridge) was born 1735. [Group Sheet]


  2. 85.  Unity Martin was born 1735 (daughter of John Martin and Mary Wooldridge).
    Children:
    1. 42. John Morris Roberts was born 16 Jul 1767, Chesterfield County, Virginia; died 30 Jun 1847, Cleveland County, North Carolina; was buried Roberts Family Cemetery, Kings Mountain, Cleveland County, North Carolina.

  3. 86.  Peregrine Magness, Jr. was born Abt 1722, (Prince George's County, Maryland) (son of Peregrine Mackness, Sr., The Immigrant and Mary (Miles)); died Abt 1800, (Warren County, Kentucky).

    Other Events:

    • Also Known As: Perygren Mackness
    • Military: Revolutionary War Patriot
    • Will: 8 May 1800, Warren County, Kentucky

    Notes:

    The following paper on Peregrine Magness, Jr. was written by the DeKalb County Historian, Thomas G. Webb. The contents of these pages are copyright 2000 to Thomas G. Webb. all rights are reserved. The information on these pages are free for private use, but may not be included in any compilation or collection in any media form for either private or commercial use without the author's consent. I am using these papers on this page with Mr. Webbs permission.

    PLEASE READ THIS FIRST

    Magness History

    I have compiled this Magness family history in order to get a comprehensive picture of the entire family of Peregrine Magness, Jr., of Maryland and North Carolina. I have not been able to get completely reliable information; therefore some errors will appear. It is my hope that those who see such errors will let me know what they are and will send me the correct information, along with supporting evidence. I have no telephone or computer, but my mailing address is:

    Thomas G. Webb
    835 South College Street
    Smithville, Tennessee 37166

    My line of descent is from two of the daughters of Perry Green Magness (1796-1884), son of George Magness (born about 1768), son of Peregrine Magness (about 1722-1800). Much of the Magness research I have done myself, especially in Maryland and Tennessee. Most of the research in the North Carolina records was done in the 1970’s by Miles Philbeck, Jr., and is very reliable. However, some of it is not complete, partly because the records themselves are not complete. I have used some information from the Verna Magness book, Magness Migration, 1733-1986. I also have correspondence from a number of Magness descendants, including Mrs., Mary Pugh, Mrs. Nell Henry, Bob Wall, Mrs. Vida Harris, James Magness, Mrs. Marilynn Knowles, David Hennessee, G. David MacKenzie, and several others.

    I am doing this not as a completed work, but as a work in progress. I am hoping to correct all errors, add such further information as may be available, and eventually be able to compile an accurate and comprehensive history of the Peregrine Magness family.

    As you will see, some of our Magness relatives have not behaved as well as they should have. However, most of them paid the penalties for their misbehavior, and most of them and their descendants went on to become useful and productive citizens. And before we condemn too quickly, let us remember the words of the apostle Paul, that “all have sinned, and come short of the glory of God” (Romans 3:23), including ourselves.

    The Magness family has proved to be somewhat more interesting than most of my other ancestors. When I began My family research in my early teens, my father told me that I would probably find a horse thief. Sure enough, I did, and he turned out to be the ancestor of both my mother and my father. I have sought the facts, whatever they were, for I wanted to know everything I could about these ancestors. To quote scripture again, “And ye shall know the truth, and the truth shall make you free.” (John 8:32) I find the magness family extremely interesting, and as we all attempt to discern the truth about them, I hope that you will too.

    PEREGRINE MAGNESS, JR., and his WIFE MARY

    Peregrine Magness, Jr., was born about 1722, possibly in England, but more likely in Prince George’s County, Maryland. He was the son of Peregrine Mackaness, Sr., and his wife Mary.. His names, both first and last, have been spelled in many ways in various records. He himself spelled his last name in different ways, mostly as MACKNESS and MAGNESS, with Magness becoming the generally used name by 1780, and the name used by almost all of his descendants.

    Peregrine Magness, Jr., was evidently the only child of his parents, or at least the only one who lived to adulthood. He grew up in colonial Prince George’s County, Maryland, where his father was living by 1729. (1) His father was a blacksmith and made more money than did many people of that time. He accumulated land, livestock, and slaves, not in large quantities, but he had enough to give him a comfortable living.

    Prince George’s County was very rural and hardly had a town worthy of the name. Young Peregrine’s opportunities for education were somewhat limited; nevertheless he did learn to read and write. There is no evidence that he followed his father in the blacksmith trade; the Maryland deeds speak of Peregrine Jr. as a “Planter”, that is, a farmer. His father owned land, and on April 22, 1757, he gave to “his son the Perygrene Mackaness Junior” for “natural love and affection” one half of a tract of 105 acres called Part of Stoke, lying in Prince George’s County, Maryland. (2)

    By the time his father gave him land, Peregrine had been married about twelve years and had five sons. His wife, like his mother, was named Mary, and her maiden name is presently not known. (Some have thought that Peregrine’s wife was Sarah Hamrick, but all evidence indicates that she was definitely not Sarah Hamrick.) Mary was probably born about 1727 in Maryland, and they likely married about 1745 in Prince George’s County, Maryland. Their first known child was born about 1747; the last child (and only daughter) was born 1772. They had probably ten sons and one daughter.

    Peregrine Magness, Jr., and his wife Mary were apparently members of the Church of England, but the references I have are confusing. One reference says that their son Benjamin was born 6 April, 1745 in St. George's’sa Parish in Prince George’s County, Maryland. A second reference says that in 1759 Perygreen Mackness, Jr., signed a petition to divide Prince George’s Parish in Frederick County, Maryland. (3) Wherever the parish was located, Peregrine was evidently interested enough in the church nearer to his home, as attendance was compulsory, and in the larger parishes many had to travel long distances to reach the church. Maryland had shortage of Anglican ministers, especially in the rural areas such as Prince George’s County.

    Whatever interest he may have had in the church, Peregrine Magness did not remain much longer in Prince George’s County. On February 9, 1760, he sold for 20 pounds to George Naylor the 51 acres his father had given him three years earlier, of the tract called Part of Stoke. On the same day hid wife Mary came and relinquished her right of dower, which is the first public record I have found of his wife. Another note of interest in this document is that in the deed itself the name is spelled Perygren Mackness Junr., while in the relinquishment of dower it is spelled peregrine Magness Junr. (4)

    Exactly where Peregrine went after selling his land is uncertain. His father, Peregrine Mackaness, Sr., was living in Frederick County, Maryland, in 1764 when he sold his land in Prince George’s County. (5) His wife was apparently dead, and he may have been living with his only known child, Peregrine, Jr. However, in the Hopewell Friends History, 1734-1934, Published 1936, is a reference to Frederick County, Virginia, where the will of Nathaniel Thomas was proved on March 1, 1763, with witnesses Mary Magnus and Perry MackNess. This sounds very much like our Peregrine Magness.

    An even more definite reference is found in Bedford County, Virginia, Court Order Book 3, Page 172, when in February 1765 Peregrine Magness was ordered to help view a new Road. This road was from Nicholas Davis’ ferry to James Callaway’s road, and was evidently near the home of Peregrine Magness. This same order book in Bedford County, Virginia, on pages 815 and 820, shows the record of two trials held in 1771. They were not related to the Magness family, but they show the kind of justice administered at the time, with which the Magness family would soon have some experience.

    Both trials dealt with black men held as slaves, and the law was harsher with blacks than with whites, but not much. Dick Nanes, valued at 90 pounds, was charged with stealing goods from a store on December 11, 1771. Brought to trial the next day, he pleaded not guilty, but was found guilty, and the court ordered that "the sheriff hang the said Dick on the 27th day of this month until he is dead." Justice was swift and sure; sixteen days after committing the crime he was dead.

    The other trial was held on December 27, 1771, on the very day Dick was hanged. Robin, the slave of James Buford, was charged with entering the house of John Dawn and stealing "sundry things." He was found guilty, and the court ordered that "the Sheriff set the sd. Robin in the pillory & nail his Ears to the pillory" for one hour, and then give him 39 lashes "on his Bare Back" and then discharge him. Robin was more fortunate than some; he was not hanged, and he did not even have his ears cut off, as was done in some cases.

    Similar administration of justice was found in most of colonial America, including North Carolina, which was where the Magness family went next, and where they stayed for 30 or more years. On December 21, 1786, an order was made to survey for Perry Green Magness 200 acres on both sides of Knob Creek in Mecklenburg County, North Carolina. A month later, on January 23, 1769, Perrygreen Magness bought 300 acres on Buffalo Creek in Tryon County from William Sims. (6) In November of that year Peregrine entered 300 acres on both sides of Hickory Creek. He continued to acquire land, and by 1795 owned more than 1500 acres in what started as Tryon County, but later became Rutherford, Lincoln, and cleveland Counties.

    Clarence Griffin’s history of these counties, printed in 1973, notes several patriotic activities of Peregrine Magness. The April 1770 Tryon County Court Minutes show that Perrygreen Magness was commissioned as an ensign in the Tryon milita. On July 26, 1775, the Tryon Committee of Safety was organized, including Captain Mackness’ Company: William Graham, James McAfee, and Perrygreen Mackness. Perrygreen mackness also signed the resolution supporting resistance to British forces, which was drawn by the Committe of Safety. He was among those present at the September 14, 1775, meeting of the Committee of Safety. (7) Besides the contributions of Perregrine Magness, provably all four of his oldest sons served the American cause during the Revolution.

    By the time the Revolutionary War ended, Peregrine Magness was beginning to prosper. The Rutherford County, North Carolina tax list of 1782 shows him with 2 slaves, 8 horses, 27 cattle, and 700 acres of land. (Horses were almost the only transportation at that time, as roads were very poor.) (8) By the 1790 census he owned 3 slaves, which was a relatively small number, but in Rutherford County at that time, only one family in seven owned any slaves at all. Peregrine and Mary in 1790 only had two children at home, apparently their son George and their daughter Sally. Peregrine was about 68 and Mary about 63. They had done well financially and owned much property. Their children were grown and most of them married; they had several grandchildren. They should have been ready to sit back and enjoy the fruits of their labors. Instead, they faced difficult years of trouble and turmoil which would take most of their property and leave Mary and Peregrine almost destitute in their old age.

    I can offer little explanation for the behavior of their sons. They may have had little moral influence in their lives. The Church of England in colonial Maryland was very weak, and we presently have no evidence that the Magness family was active in any church in North Carolina. Historians say that the Christian church in general was weak from the time of the Revolution until the Great Revival of 1800. Some of peregrine’s sons seemed lacking not just morals, but even common judgment. When Peregrine tried to help them, he ended in financial ruin, and in his last years he left his home in North Carolina for the Kentucky frontier. At least four of Peregrine’s got into sever legal difficulties. His son Joseph in 1787 married Arabella Twitty, and in 1789 Joseph’s apparent brother, Zachariah Magness, was tried and convicted of raping Arabella; she accused Joseph of aiding and abetting the act. We still do not know what penalty was imposed on Zachariah; quite possibly it was death by hanging. God lawyers were expensive then, as they are now, and very likely much of the legal expense in this case fell on Peregrine, the father. Joseph got into further difficulties involving his brother George Magness, and by 1795 Joseph had left North Carolina and moved to the Kentucky frontier, in what was then the west.

    George Magness was Peregrine’s youngest son, and he had been in the Morgan District Superior Court in 1785, when he was only 17. He was giving testimony there in 1792. In April 1794 in Lincoln County, George was found guilty of petty larceny. Though a motion was made for appeal, and Robert Wier and Perrygreen Magness each offered to put up 500 pounds bond, the motion was overruled. George was sentenced to “receive ten lashes on the bard back well laid on by the Sheriff between the hours of twelve and one o’clock this Day at the public whipping post.” Even after suffering this punishment, George still had to make bond with his brother William Magness for 500 pounds each "for the good behavior of the said George for one year & a Day." Five hundred pounds was a sizable sum of money for that time; it would buy several hundred acres of land or five strong young slaves.

    Quite possibly the 500-pound bond was forfeited, as George was back in court in October 1794 as the admitted father of a base born child. Again, bond had to be made. Less than a year later he was again in Superior Court on a charge of stealing a horse. Though found not guilty, he was charged with court costs. Having no property other than the clothes on his back, George had to spend three months in jail.

    Meanwhile, George’s brother, Robert Magness, had also been accused of stealing a horse. Like George, he was found not guilty of stealing the horse, but he was found guilty of perjury. As we have already seen in the Virginia cases in 1771 and from George Magness’ ten lashes on the bare back, the penalties of the law could be very harsh. Robert did not want to receive the penalty, whatever it was, and he left the state. This left his father, Peregrine Magness, and his brother, Jonathan Magness, to pay the bond they had put up. Peregrine’s sons William, Benjamin, and Jonathan had made bond in several of these cases, and some had been forfeited. Peregrine had also made bond, besides bearing much of the legal expense of these cases. By 1795 Peregrine was selling land to his son William. (9) Robert’s bond forfeiture was the final blow. In the summer of 1796, the sheriff sold more than 1150 acres of Peregrine’s land at public auction. (10)

    Like his sons before him, Peregrine left North Carolina; in fact, he apparently followed his son Joseph to Woodford County, Kentucky, where on November 3, 1798, he sold to William Magness two slaves for $500. (11) A little over a year later, Peregrine and his sons George and Joseph (and probably Robert) were all in Warren County, Kentucky, where Peregrine on May 8, 1800, made his will. He left all his property (which was probably very little by that time) to his wife Mary to dispose of as she pleased. George and Joseph Magness were named executors, and the will was proved in July 1800. (12) The exact burial place of Peregrine Magness is not now known. Some have thought that he was buried in North Carolina, but I believe that to be extremely unlikely. I would think that he is buried somewhere in Warren County, Kentucky, in an unmarked grave. How long his wife Mary survived him is not now known.

    All the children of Peregrine Magness and his wife Mary are not definitely established, but evidence indicates that they had the following ten sons and one daughter.

    Children of Peregrine Magness and wife Mary

    1. William Magness was born about 1747 in Prince George’s County, Maryland, and moved with his parents to Virginia and later to Tryon County, North Carolina, which in 1779 became Rutherford and Lincoln Counties. William served as captain of a company in Col. Wm. Graham’s Tryon Regiment of Militia during February and March of 1776. (13) William began acquiring land by 1774 (14) and by the time of his death owned about 2500 acres. The 1790 Lincoln County Census shows him with 12 slaves; the 1810 census shows him with 19 slaves. William Magness never married, and he died on May 6, 1816, “Intestate and without legitimate issue.” (15) His estate was eventually divided into seven shares, which went to his living brothers and sisters, and to the heirs of those deceased. However, there was considerable litigation, and the estate was not settled until 1825. Much of what we know about the family comes from these court proceedings. In 1819 four of William’s brothers (Robert, Jonathan, Joseph, and Samuel) brought suit against the administrators, John Roberts and Benjamin Magness. The suit claimed that personal property had been sold worth about $17,000.00 but that still unaccounted for were nine slaves and a large quantity of cider and brandy. (16) When the real estate was divided in 1825, each of the seven shares was valued at $1400.00ma a considerable sun for that time. William Magness was buried near Shelby, North Carolina, on Buffalo Creek in what is now Cleveland County, North Carolina, in the same cemetery as his sister Sarah Roberts and her family. His tombstone says “Sacred to the Memory of William Magness, who died May 6, 1816, age 69 years.

    2. James Magness was probably a son of Peregrine and Mary Magness, but no conclusive evidence has been found to establish him positively as one of their children. James was probably born about 1750 in Maryland. On August 2, 1778, in Tryon County, North Carolina, he made claim to 150 acres on Little Broad River, but the claim was denied because someone else had a prior claim. At the October 1783 Rutherford County, North Carolina, Court of Pleas and Quarter Sessions, and inventory of the estate of James Magness was returned by Abraham Collins, administrator. (Collins appears as a witness on several Magness deeds.) James Magness was apparently unmarried and died with heirs. Some have thought that James died at the Battle of Cowpens on January 17, 1781, and this seems quite possible, though no record has been found at this time.

    3. Perrigreen Magness, Jr., was born in 1753 in Prince George’s County, Maryland. He was technically Perrigreen Magness III, but apparently was never so designated. Both he and his father were sometimes referred to as Perrigreen Magness, Jr., causing occasional confusion. He apparently enlisted in the army on two successive years. He was age 21 and 5 feet 9 inches tall on July 1, 1775 when he enlisted in Captain Eli Kershaw’s Company of Colonel Thompson’s Regiment of South Carolina Rangers. His name also appears on the roll of Colonel William Thompson’s 3rd South Carolina Regiments, with an enlistment date of July 24, 1776. he probably died in early 1785, as William Magness was appointed administrator of his estate in April 1785 by the Rutherford County, North Carolina, Court of Pleas and Quarter Sessions. The inventory showed that he owned four horses and 60 gallons of whiskey (which were sold to William Magness for 32 pounds 5 shillings) and that Ben Magness owed the estate 10 pounds. He was apparently unmarried and died without heirs.

    4. Benjamin Magness is said by one source to have been born April 6, 1754, in St. Georges Parish, Prince Geroge’s County, Maryland, and to have died January 26, 1828, in Rutherford County, North Carolina. (17) He was married about 1775 to Katie Mooney, Daughter of Jacob Mooney, and they had probably eight children. He married second July 10, 1808 in Rutherford County, Nancy Walker, by whom he had four children. On October 20, 1779, he bought 200 acres on Sandy Run Creek. (18) He is listed in the 1790 census of Rutherford County with 1 male over 16, 5 males under 16, and 3 females. Benjamin and his brother-in-law John Roberts in 1816 were appointed administrators of his deceased brother William, (19) a difficult job which lasted nine years. Benjamin himself had a large amount of property at the time of his death. One source says Benjamin had a child jeremiah born 1779 and crushed to death by soldiers in 1781. (20) His other children were named in his will:

    I. Perry Green Magness, born about 1777, lived in Berrien Co., Michigan.

    II. Jacob Magness, born about 1781, died 9 Nov. 1855 in Rutherford Co., NC, married 21 Aug. 1806 in Bath Co., NC, to Edith Webb.

    III. Mary Ann Magness, b. about 1783, d. 1860 Cleveland Co., NC, married John Washburn, 1779-1857.

    IV. James Magness

    V. Benjamin Magness, Jr.

    VI. William Magness, married 29 Jan. 1818 Rutherford Co., NC to Sarah Hamrick.

    VII. Catherine Magness, b. about 1790, married 7 Jul 1810 to John Reynolds.

    Children by second wife, Nancy Walker

    VIII. Joseph Magness, b. 7 Jan. 1810, m. 19 Dec. 1827 Rutherford Co., NC Esther Beam.

    IX. Sarah Magness, b. about 1812, m. 14 Nov. 1831 to Benjamin Franklin Goode.

    X. Samuel Magness, b. 22 Aug. 1817, d. 5 Oct. 1894, Cleveland Co., NC. Married first Susanna Grigg, second 20 Aug. 1868 Mary Whisnant.

    5. Jonathan Magness, also known as John, was born about 1756 in Prince George’s County, Maryland, and is said to have died in 1834 in Independence County, Arkansas. he married about 1779 Patty------, by whom he had several children. She died at age 74 on March 8, 1832, in Independence County, Arkansas. (21) Jonathan married second on June 3, 1832 in Independence County, Rebecca Hammond. The Arkansas Gazette of July 18, 1832, in reporting their marriage mentions that Jonathan was 76 and Rebecca was 20. They are said to have had one daughter Mary Ann, who died young.

    Jonathan in 1779 was granted 150 acres on Big Hickory Creek in Tryon County, joining land of his father. He sold this land in 1790, having in 1788 bought 300 acres on Brushy Creek in Rutherford County, which eh sold in 1794, it being the “Place where said John Magness now lives.” (22) He had five more tracts of land, but in the summer of 1796 they were sold by the sheriff at the same time that much of Jonathan’s father’s land was sold by the sheriff. Apparently this was a result of Jonathan’s making bond for his brother George in the Rutherford County Court of Pleas and Quarter Sessions in October 1794. When George did not fulfill his obligations, the bond was forfeited, and the sheriff sold the land of both Jonathan and Perrigreen Magness. Both of them had also made bond for Robert Magness with similar results. Jonathan apparently left North Carolina about this time. He may have gone with his father to Warren County, Kentucky, or to Davidson County, Tennessee. A few years later he was in neighboring Wilson County, Tennessee, where on 24 August 1806 he paid $800 for 640 acres near Stones River and the Davidson County line. Witnesses were his sons Perry Green and John. On 3 Sept. 1807 he paid $640 for another 640-acre tract on Stuart’s Creek in Wilson County, Tennessee; his sons John and David M. were witnesses. (23)

    About this time Jonathan Magness and his sons became involved with a man named Patton Anderson, an involvement which would have a profound effect on their lives for years to come. The precise nature of their quarrel is not known; it is said to have begun in a land transaction. Whatever it was, it developed very strong feelings on both sides, with bitter disputes between Anderson and Magness whenever they met. They met in October 1810 at the Bedford County courthouse, where the case was to be heard. Before the judge arrived, Jonathan Magness and Patton Anderson began to discuss their old grievance, and both became highly excited. Jonathan’s sons Perry Green and David were standing near, and when Patton Anderson raised his hand with a large knife in it, David Magness drew his pistol and shot Anderson dead. He then gave himself up to the authorities, saying that he did it to save his father from being killed.

    The trial was held in November 1810 at the Williamson County courthouse in Franklin, Tennessee. A rather detailed account of the proceedings is given by John B. Cowden in his book Tennessee’s Celebrated Case, published in 1958. Cowden’s basic account is factual, but he had the mistaken idea that the Perry Green Magness involved was Perry Green Magness (1796-1884) of DeKalb County, Tennessee. (Perry Green Magness of DeKalb County was actually a son of George, making him a younger first cousin of the Perry Green Magness involved in this case. See George Magness listing.)

    Andrew Jackson was a friend of Patton Anderson, and he vowed that all three Magnesses would hang. Jackson appeared as a character witness for Anderson, but the Magnesses had hired the very able Felix Grundy as their attorney; he would one day be Attorney General of the United States. The trial is said to have lasted two weeks and had dozens of witnesses, but when the verdict was returned, David Magness was found guilty not of murder, but of manslaughter. He was sentenced to eleven months imprisonment and to have his left hand branded with the letter M, which was done.

    Jonathan Magness was returned to jail to await his trial, which for various reasons was delayed until May 1812, when he was acquitted by the jury. David then had served his eleven months, but both were still in jail in Nashville. Good lawyers were expensive then, as they are now, and evidently legal charges had taken all the money and property of Jonathan Magness and his sons. When they were required to pay the court costs of some $800, they were unable to do so. They were then held in jail until they should pay. They applied to the Circuit Court to be discharged under the law for the relief of insolvent debtors, but were rejected and so faced the prospect of “perpetual imprisonment.” On September 9. 1812, both Jonathan Magness and his son David petitioned the Tennessee Legislature to release them. No record of action on these petitions was found in the Journal of the 1813 General Assembly, and exactly when the Magnesses were released is not now known.

    Apparently all of them left Tennessee. Jonathan’s son Perry Green was in Arkansas in 1814, and on January 5, 1815, was appointed a justice of the peace in Independence County. Jonathan’s son David Magness, who was branded, apparently became a major in the militia in Arkansas, and on July 4, 1822, made an outstanding patriotic speech at the Independence County Grand Jubilee. (24) Jonathan Magness in 1817 was in Lawrence County, Missouri Territory; (25) in 1819 he was still in Missouri. By 1826 Jonathan was living in Independence Co., Arkansas, (26) where he apparently spent the remainder of his life. Little information is available to me on the children of Jonathan Magness and his wife Patty.

    Those I have are:

    I. David M. Magness, lived in Independence Co., Arkansas.

    II. Perry Green Magness, married Mary ----- (possibly Mary Steele in 1807 in Tennessee), had several children, died in 1828 in Independence Co., Arkansas.

    III. John Magness, who married and had descendants in White Co., Arkansas.

    IV. William Magness

    V. Morgan Magness, born December 18, 1796, died September 1, 1871. married first May 14, 1827 Kezziah Ann Elliott, second june 23, 1845 Susan Dunnigan, 5 children.

    6. Zachariah Magness was probably born about 1759 in Prince George’s County, Maryland, and appears to be the son of Peregrine Magness and wife Mary. More research needs to be done on Zachariah, but the records of Morgan District Superior Court of North Carolina reveals quite a bit. In 1789 Zachariah was convicted of raping Arabella Twity Magness, wife of his brother Joseph; She also accused Joseph of aiding and abetting the act. The papers of Morgan District Superior Court (in Bucked County?) show that on March 12, 1789, the sheriff of Rutherford County was commanded to seize 54 pounds and 9 shillings from the property of Zachariah Magness for debts and sossts in the Morgan Superior Court of Law and Equity “in that case expended whereof the said Zachariah Magmess is convicted and liable of record.” He was convicted, but his sentence has not been found at this time. In 1789, long prison terms were seldom given; the usual sentences were whipping, branding, or hanging. Was Zachariah executed? or did he receive other punishment and move away? His name has not been found further in the North Carolina records. No claim was made on the estate of his brother William Magness who died in 1816, so we assume that Zachariah had died without heirs by that time.

    7. Samuel Magness was born about 1716, probably in Frederick County Virginia. he is thought to have married first about 1784 Mary Morgan, and second by 1800 Nancy Ragin. Nancy and Samuel signed a deed on 22 january 1800, recorded in Greenville Co., SC Deed Book E, page 405. By 1790 Samuel Magness was living in Greenville County, South Carolina with a son and two daughters; by 1800 he had five daughters and three sons. On 3 May 1792 Samuel had a land transaction recorded in Greenville County Deed Book C, page 436. Samuel was still living in Breenville County on December 19, 1817, when he sold his share of the William magness estate to his brother-in-law, John Roberts, for $625. (27) Nevertheless, he joined his three brothers in 1819 in a lawsuit over William’s personal property. (28) Samuel Magness is thought to have moved to Arkansas about 1828, first to Independence County, then to marion County. On 15 August 1829 he made a deed as Samuel Magness of the Territory of Arkansas, County of Independence. (29) Samuel Magness died in Marion County, Arkansas, in 1831. His wife Nancy died there in 1841. Samuel had several children by his two wives; some of their names are not known.

    I. James Magness, b. 25 May 1789 South Carolina, died 2 Aug. 1872 Marion Co., Arkansas. married 22 July 1813 in South Carolina to Narcissa Barnett, b. 12 Feb. 1796 SC, died 26 May 1862 in marion Co., Arkansas.

    II. Joseph Magness, born about 1790 South Carolina, died 1840’s Marion Co., Arkansas, married Martha (Patsy) Springfield in South Carolina.

    III. Perry Green Magness, born about 1801 Greenville Co., SC, married Jane -----. Lived Union Co., Ga 1850, later in Polk Co., Tn., and died after 1880, probably in Fannin Co., Ga. (both James and Perry Green are mentioned as sons of Samuel Magness in Greenville Co., SC Deed Book Q, page 86.)

    IV. Elizabeth (Betty) Magness born about 1810 SC, died 14 July 1889 in Independence Co., Arkansas, married there on 20 Sept. 1829 to Washington Bradley.

    Other Possible children of Samuel:

    V. David Y. Magness, born 1785 NC

    VI. Mary Magness, married ------ Johnson.

    VII. Robert Magness, born about 1809, possibly married Sally Wherle.

    VIII. Daughter who married John Owens.

    8. Robert Magness was born about 1763, probably in Frederick County, Virginia, and died June 22, 1837, in Pulaski County, Arkansas. Some think that his first Wife was Mary Wilson and that his second wife was Lydia Gamble. his wife at the time of his death was Sarah. During the 1790’s at least four of the Magness sons had difficulties with the legal authorities. Robert Magness at this time was tried for stealing a horse and acquitted, but later convicted of perjury. Not wishing to take the punishment (which could be quite harsh), Robert apparently

    *

    more...

    found at http://www.tngenweb.org/dekalb/fam_hist/appendix-to.htm

    APPENDIX TO PEREGRINE MAGNESS, JR., AND HIS WIFE MARY

    January 1999

    Additional Magness material was recently sent to me by Miles Philbeck of North Carolina, a Magness descendant who has done family research for many years. This material consisted mainly of photocopies of original Rutherford County, N.C. court documents. these were warrants, appearance bonds, depositions, etc., and apparently they existed only as loose papers which were not recorded in the record books. Most of them deal with the case in which Zachariah Magness was accused of raping Arabella Magness, wife of Joseph Magness.

    I give a summary of these papers in more or less chronological order, followed by some further information on Joseph, George, and Robert Magness. These papers do give some possible indication as to how the Zachariah case was resolved; some questions are still left unanswered.

    These papers indicate that not only Zachariah Magness, but William Alexander was also involved in the case with Arabella Magness. No explanation is given for Arabella being at the home of William Magness for several days without her husband, nor is any reason given for the parties involved being so fearful that the slaves of William Magness would hear them. (See Jan. 1788 depositions of Robert Wier.) Arabella made no accusation against her husband Joseph until a week after complaints against William Alexander and Zachariah Magness.

    The final disposition of the case is still not entirely clear. On 16 January 1788, four justices of the peace of Rutherford County signed an order consigning Zachariah Magness, charged with rape and incest, to the jail of Morgan District Superior Court. However, this order was apparently superseded at the same term (Jan. 1788) of the Rutherford County Court of Pleas and Quarter Sessions when bond was made for Zachariah Magness. Zachariah made bond for 500 pounds to insure his appearance on March 1, 1788, at the Morgan Superior Court "to answer a charge of rape." Perry Magness and Elias Morgan were his sureties for 250 pounds each.

    At the March 1788 term of the Morgan District Superior Court a true bill was returned, apparently by a grand jury, indicting "Zachariah Magness late of the county of Rutherford Labourer" for making an assualt "upon one Arabella Magness...forcibly to ravish and carnally know her..." However, it seems that Zachariah Magness himself did not appear at the March term of the Morgan District Superior Court. Consequently, on 12 March 1788, the clerk of Morgan District Court sent an order to the sheriff of Rutherford County to make known to Zachariah Magness, Peregrine Magness, and Elias Morgan "to appear before the judges of Morgan Superior Court" on September 1, 1788, to show cause if any why final judgment should not be had against them, causing Zachariah to forfeit 500 pounds and Perregrine Magness and Elias Morgan to forfeit 250 pounds each. The deputy sheriff made this know to them on 19 August 1788. So apparently Zachariah Magness did not appear in court on the charge of rape, and the sizable bond was forfeited. In all likelihood, Zachariah left the state in order to avoid the severe penalties which would have been imposed had he been found guilty. By not appearing for trial, he was not found guilty on the charge of rape. However, he had apparently earlier been found guilty of a lesser charge, now unknown, in the Morgan District Superior Court. On 12 March 1789 the clerk of Morgan Superior Court commanded the sheriff of Rutherford County to seize property of Zachariah Magness to the value of 54 pounds 9 shillings "which lately in Morgan Superior Court of Law & Equity the State recovered against him for debt & costs in that case expended whereof the said Zachariah Magness is convicted and liable as appears of record." (The sheriff reported that no goods were found by him.) This obviously was not the rape case, which involved a bond of 500 pounds. The sheriff found no property of Zachariah Magness; probably Zachariah had already left the county and the state. Where Zachariah went is not known, but apparently he had died without heirs by 1816, as neither he nor his heirs made any claim on the estate of his brother William Magness. Arabella Magness and William Alexander:

    30 Oct. 1787. Rutherford Co., N.C., Warrant to bring William Alexander before Jno. Riggs, Justice of the Peace, to any lawful officer of Rutherford Co. Arrabella Magness, wife to Joseph Magness, complains on oath that said Alexander on Saturday, Oct. 20, did with force "enter into her bed where she lay at the house of William Magnesses" and attempted "to commit a Rape on her," and would have "if it had not been for Zachariah Magness who came & Prevented his bad & wicked intention." Also said Alexander on Oct. 26th "did come into the house of William Magness's and in the dead time of the said night did then and there come into her bed when she was asleep...[and] contrary to her will did then and there Feloniously Ravish her the said Arrabella"

    6 Nov. 1787. Rutherford Co. N.C. Jno. Riggs, Justice of the Peace, to the sheriff of gaol [jail] keeper of Morgan District. Riggs sends "the body of William Alexander, apprehended for forceably commiting a Rape on the body of Arrabella Magness the wife of Joseph Magness on friday night the 26 of October last... him safely keep in the gaol...without Bale...fail not."
    14 Jan. 1788.Rutherford Co., N.C. George More, Justice of the Peace. William Graham is security for 100 pounds for Arrabella Magness wife of Joseph Magness to appear on 1 March in Superior Court of Law & Equity to prosecute William Alexander for rape.

    Zachariah Magness

    30 Oct. 1787.Rutherford Co., N.C. Jno. Riggs, Justice of the Peace, to any lawful Officer of said County, warrant to bring Zachariah Magness before him or some other J.P. Arrabella Magness, wife to Joseph Magness, complains that on Saturday, Oct. 20th "Zachariah Magness did come in a forceable manner into her bed where she was alying and did violently make and assault and with force did then and there endeavour to Ravish her the said Arrabella, the first time he came in said night, and afterwards in the said night, he did come again into her bed, and when she awoke, did find him the said Zachariah Magness upon her and carnally aknowing of her, contrary to her knowledge 7 will..."
    16 Jan. 1788. Rutherford Co., N.C. Jno. Riggs, Jas. Whiteside, Wm. Grant,and Stephen Willis, all Justices of the Peace, to the sheriff of Rutherford County and to the Gaoler of Morgan Superior Court & Gaol, "send you the body of the said Zachary Magness... him safely keep within the walls of your prison until he shall be thence Discharged by due course of law..." [No mention of bail] He is "charged with Rape and Incest by the oath of Arrabella Magness..."

    at January Court 1788. Rutherford Co., N.C. Zachariah Magness is indebted to the State of North Carolina 500 pounds; debt to be void if he makes his personal appearance on March 1 at Morgan Superior Court "to answer a charge of Rape...& not depart thence without leave"


    his
    Zach X Magness
    mark
    Perry Magness, security, is indebted to State 250 pounds if Zachariah does not appear.
    Elias Morgan, security, is indebted to State 250 pounds if Zachariah does not appear.

    March term 1788. Morgan District, N.C., Superior Court of Law & Equity.
    A true bill [from the grand jury. An indictment, meaning that the defendant must stand trial for this offense.] W. Avery, attorney for the state. "The Jurors for the State upon their oath, present that Zachariah Magness late of the County of Rutherford Labourer on the Night" of October 20, 1787, made an assault "upon one Arabella Magness wife of Joseph Magness... forcibly to ravish & carnally know her the said Arabella... against the peace & Dignity of the State.

    January Court 1788. Rutherford Co., N.C. Deposition of Robert Wier.
    "On a complaint Arrabella Magness wife of Joseph Magness against Zachariah Magness now under consideration of the court -- Incest & Rape.

    Robert Wier maketh oath that he was at the house of William Graham Esquire about a week after the affair happened which is now the cause of complaint before the court. That after some other conversation passed, the above named Arrabella did not mention to him the deponent anything for her being ravished by Zac; Magness, but said words to this effect, that William Alexander and Zac: Magness had to do with her three times each in one night -- twice she was awake and four times asleep -- he the deponent asked the reason why she did not cry out for assistance. She answered that they, meaning Zac: and William, requested that she ought not to make a noise lest the negroes should hear her or them -- and further that she said that the first time William had to do with her she did cry out for Zachariah.
    Sworn & signed in open court. "Robert Wier"

    12 March 1788. William Erwin, clerk of Morgan District, to Sheriff of Rutherford Co., N.C. Make known to Zachariah Magness, Peregrine Magness, and Elias Morgan to "appear before the Judges of Morgan Superior Court" on Sept. 1 to show cause if any why final judgment should not be had against them and they forfeit for Zachariah 500 pounds and 250 pounds each for Peregrine and for Elias Morgan. Endorsed on the back: "August 19th... Maid known in the presence of John Roberts & John Ward by Me Yelvaton Nevill C shff"

    12 March 1789. "To the Sheriff of Rutherford County, Greeting. We command you that of the goods and chattels Lands and Tenements of Zachariah Magness you make the sum of Fifty four Pounds Nine shillings which lately in Morgan Superior Court of Law & Equity the State recovered against him for debt & costs in that case expended whereof the said Zachariah Magness is convicted and liable as appears of record and have the said monies to pay into my office on the first day of September Next. Witness William Erwin clerk of said court at office the 12 day of March 1789."
    [On the back.} "State vs. Magness to Morgan Sup. Ct. March 1789"
    September
    Know goods found by me Heardford [?] D Shff

    Know goods found by Robt. Irvine shff [Illegible date] 1789

    7 November 1787. Rutherford Co., NC. Jno Rigg, Justice of the Peace to any Lawfull Officer of sd. County, warrant to bring Joseph Magness before him or any other J.P. to answer complaint of Arrabella Magness wife of Joseph Magness "that she has good cause to suspect that her husband Joseph Magness was present Aiding and Assisting or procuring her being Ravished by William Allexander on the night of the 26 of October last."
    "Summons George Magness and Anneriter McCray for Evidence in the above case"

    9 Nov. 1787. Jno. Riggs, J.P. Joseph Magness and John Magness, his security, make bond for 200 pounds each that "Joseph Magness should personally appear at our Next Superior Court to be held on the first day of March Next at the court House of Morgan District to Answer the Accusation of Arribella Magness his wife on Suspition of his procuring her being Ravished."

    George Magness
    12 Sept. 1789. Morgan District, NC. William Erwin, Clerk of Superior Court to sheriff of Rutherford Co., NC. George Magness made bond for 100 pounds and Peregrine Magness and John Magness, his securities, for 50 pounds each, on condition that George Magness appear in Superior Court "for Morgan District at Burke Court House' on Sept. 1. "They were solemnly called failled to appear" and judgment was entered against them for 200 pounds. They are to be notified to appear in Superior Court on March 1, [1790]
    Endorsed on the back thus:
    Jan. 27th 1790 Perygreen Magness notified in presence Thos. Harden and John Roberts. Robt. Irvine Shff
    John Magness Notfd. in presence of Thom Coventon John Herod by me Robt. Irvine Shff
    George Magness Notfd. in Presents of Thos. Camp and James Camp by me Robt. Irvine Shff

    Robert Magness
    7 January 1793. Rutherford Co., NC. Wm. Graham, Justice of the Peace, receives complaint of Robert Magness that William Tate does detain from him his lawful property, a bay horse with a blaze face.

    10 January 1793. Wm. Graham, J.P., took depositions in the above case from Isaac Collins, Thomas Harrid, Jr., Jonathan Fouch, and John Fouch.
    Deposition of George Magness:
    "George Magness saith 25th Decbr. 1792 he & his brother Robert met William Tate Between his fathers & his house." At that time Robert Magness and Tate swapped horses, with Tate giving 6 pounds boot. If not satisfied, Magness could have his horse back within a week or ten days.
    Signed George Magness
    Wm Graham took bond of 20 pounds each from William Tate and his security James Burkendol. Also from Robert Magness, George Magness, Isaac Collins, and Thomas Harrid, Jr. All are to appear in Morgan Superior Court on March 1, 1793.

    *


    more...

    Peregrine Magness Jr. (1722-1800)

    End Notes

    (1). Prince George’s Co., Maryland Deed Book Q, p. 218.

    (2). Prince George’s Co., Maryland Deed Book NN, p. 522.

    (3). Calendar of Maryland State Pagers, The Black Book, 1758-59, p. 137.

    (4). Prince George’s Co., Maryland Deed Book RR, p. 44.

    (5). Prince George’s Co., Maryland Deed Book RR, p. 231.

    (6). Tryon Co., North Carolina Deed Book, 1, p. 51.

    (7). Griffin, Clarance W., History of Old Tryon and Rutherford Counties, North Carolina, 1730-1936. Asheville, 1937. Pages 10, 16, 18, and 27.

    (8). Griffin, History, p. 122.

    (9). Rutherford Co., NC Deed Book M-Q, p. 241.

    (10). Rutherford Co., NC Deed Book R, pages 52, 54, 62, 64, 66, and 92.

    (11). Lincoln Co., NC Deed Book 19, p. 16.

    (12). Warren Co., Kentucky Will Book A, p. 16.

    (13). Roster of North Carolina Soldiers in the Revolutionary War, page 42.

    (14). Tryon Co., NC Deed Book 2, p. 31.

    (15). Lincoln Co., NC Chancery Court of Equity, Magness suit, April 23, 1819.

    (16). Same.

    (17). Rutherford Co., NC, Deed Book 2, p. 31.

    (18). Rutherford Co., NC, Deed Book J-L, p. 198.

    (19). Lincoln Co., NC Chancery Court of Equity, 23 April 1819.

    (20). Heritage of Cleveland County, Vol. I, p. 409.

    (21). Arkansas Gazette, 21 March 1832.

    (22). Rutherford Co., Nc Deed Book J-L, pages 224 and 407.

    (23). Wilson County, Tennessee Deed Books B, p. 227 and C, p. 113.

    (24). Shinn, Joseph H., Pioneers and Makers of Arkansas, Little Rock, 1908, page ---.

    (25). Lincoln Co., NC Deed Book 28, p. 36.

    (26). Lincoln Co., NC Deed Book 36, p. 38.

    (27). Lincoln Co., NC Deed Book 28, p. 160.

    (28). Lincoln Co., NC Chancery Court of Equity, Magness suit, April 23, 1819.

    (29). Greenville Co., South Carolina Deed Book Q. p. 223.

    (30). Warren County, Kentucky Order Book B. p. 82.

    (31). Rutherford County, Tennessee Deed Book B, p. 82.

    (32). Lincoln Co., NC Deed Book 28, p. 106, and Lincoln Co., NC Chancery Court of Equity, Magness suit, 23 April 1819.

    (33). Rutherford Co., NC Deed Book J-L, p. 123.

    (34). Warren Co., Kentucky Will Book A, p. 16.

    (35). Warren Co., Kentucky Deed Book 5, p. 447.

    (36). Lincoln Co., NC Deed Book 27, p. 383.

    (37). Warren Co., Kentucky Order Book E, p. 123.

    (38). Rutherford Co., NC Deed Book 35, pages 221 and 224.

    (39). Rutherford Co., NC Deed Book R. p. 95.

    *

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    A prominent North Carolina Patriot as evidenced as one of forty-nine signatories of the Tryon Association's Statement, August 14, 1775;

    "An Association

    The unprecedented,barbarous and bloody actions committed by the British Troops on our American Brethren near Boston on the 19th of April and 20th of May last ,together with the Hostile operations and Traiterous Designs now Carrying on by the Tools of Administerial Vengeance and Despostism for the subjugating all British America, suggest to us the painful necessity of having recourse to Arms for the preservation of those Rights and Liberties which the principles of our Constitution and Laws of god, Nature and Nations, have made it our duty to defend.

    We, therefore, the Subscribers, Freeholders and Inhabitants of Tryon County do hereby faithfully unite ourselves under the most sacred ties of Religion, Honor and Love to Our Country, firmly to Resist force by force, in defense of our Natural Freedom and Constitutional Rights against all Invasions, and at the same time do solemnly engage to take up Arms and Risque our lives and fortunes in maintaining the Freedom of our Country, whenever the Wisdom and Council of the Continental Congress or our Provincial Convention shall declare it necessary, and this Engagement we will continue in and hold sacred till a Reconciliation shall take place between Great Britain and America on Constitutional principles, which we most ardently desire.

    And we do firmly agree to hold all such persons Inimical to liberties of America, who shall refuse to subscribe to this Association. Signed by:

    Perygren Mackness

    Resolved that we will continue to profess all Loyalty and attachment to our Sovereign Lord, King George the Third, His Crown & Dignity, so long as he secures to us those Rights and Liberties which the principles of Our Constitution require. Signed by John Walker, Chairman."

    Abstracted by David A. Hennessee from "The Annals of Lincoln County", pp., 20-21, by William L. Sherrill and re-published, 1972, by Regional Publishing Company, Baltimore,MD


    ---------

    Abstracted from, "The House of Magness", by John B. Cowden, 1956, p. 7;


    "In the name God Amen. I Perregreen Magnis of the County of Warren and the State of Kentucky being in a low state of health but in perfect sence and memory do constitute & appoint this my last Will & Testament in manner & form following (Viz.)
    1st. My will is that all my just debts shall be paid. I then lend to my loving Wife Mary Magnis my whole Estate during her natural life and at the death of the said Mary Magnis she is to have the free & and voluntary
    disposal thereof. Also my Will & and desire is that George Magins & Joseph Magnis shall by my whole & and soul Executor.

    In Witness whereof I have hereunto set my hand and affixed my Seal this the 8th day of May 1800.

    Test. Perregreen Magnis (seal)
    Wm. Black
    John Black.
    Probated July Court 1800

    ----------

    20 Sep 2009:

    http://files.usgwarchives.org/nc/burke/census/morgandis.txt

    This census is from Microcopy No. T-498 Roll 2

    "Magnes, Peregreen 2,0,2,0,3"

    1790 Census North Carolina
    Rutherford County Morgan District

    2 of 1st # free white males 16 year upwards and head of families
    0 of 2nd # free white males under 16 years
    2 of 3rd # free white females and head of families
    0 of 4th # all other free persons
    3 of 5th # slaves

    *

    more...

    Re: Peregrine Magness

    Home: Surnames: Magness Family Genealogy Forum

    Re: Peregrine Magness

    Posted by: David Dunn dadunn@terranova.net Date: February 01, 2002 at 15:07:17

    In Reply to: Re: Peregrine Magness by David Dunn of 592

    Thanks and please do let us all know if you find anything new. I did follow up on the Frederick Co. reference when in DC in January. It occurs in the book "Hopewell Friends History" p. 18 where "Mary Magnus" and "Perrygren MackNess" are named as witnesses to the will of Nathaniel Thomas probated there in 1763. Iooked at every other Frederick Co. source at the DAR and LOC and found no other references to the Magness family. Now, Benjamin is certainly the son of Peregrine (Jr.) and Mary - his birth record appears in the parish records of Prince George's Parish, Prince George's Co MD.

    http://genforum.genealogy.com/cgi-bin/pageload.cgi?hicks::magness::58.html

    Home: Surnames: Magness Family Genealogy Forum

    MAGNESS OUTLINE
    Posted by: Jeffrey L. Martin Date: June 08, 1998 at 16:43:15
    of 695

    Well.. after reading EVERY post to this Magness Forum Page.. this is what I came up with. Please feel free to comment on any mistakes I've made. I'm interested in the Magness family that married into the Hamricks, Roberts and Martins in and around Rutherford/Cleveland Co. NC during the early 1800s.
    Descendants of Perrygreen Magness

    Generation No. 1

    1. Perrygreen1 Magness was born Abt. 1722 in England, and died July 1800 in Warren Co. KY. He married Mary.

    Children of Perrygreen Magness and Mary are:

    2 i. Susannah2 Magness.
    3 ii. William Magness, born 1765; died 1817.
    4 iii. Joseph Magness, born 1768. He married Anna Belle Twitty August 03, 1787.
    5 iv. Benjamin Magness, Sr., born 1772; died 1828 in Rutherford Co. NC. He married Nancy Elizabeth Mauney.
    6 v. Sarah Magness, born February 16, 1772 in Tryon Co. NC; died October 16, 1828 in Lincoln Co. NC. She married John Morris Roberts, Col. Abt. 1790 in Rutherford Co. NC.
    7 vi. George Magness, born 1774. He married Mary Durham.
    8 vii. Jonathan Magness, born 1778. He married Elizabeth Staritt Abt. 1810.
    9 viii. Robert Magness, born Abt. 1780.
    10 ix. Patsy Magness, born 1782. She married David Preston July 02, 1997 in Lincoln Co. KY.
    11 x. David Magness, born 1784.
    12 xi. Morgan Magness, born Abt. 1791 in Tryon Co. NC.
    13 xii. Sallie Magness, born Abt. 1794. She married William Hicks.

    http://genforum.genealogy.com/magness/messages/58.html

    *

    more...

    http://boards.ancestry.com.au/surnames.magness/4.5.6.7.22.23.25/mb.ashx

    Subject: Children of Perygren Mackness
    Author: HarrietFrye
    Date: Tuesday, 15 February 2000
    Classification:
    Surnames:

    Don, I haven't been ignoring you. Since I left my message, I've realized there are considerably more than two versions of the list of Perygren Mackness' children. In fact, there seem to be almost as many versions as there are researchers. I think the best way to answer your question is to tell you which children I'm able to document, and which ones I'm still unconvinced about, and why.

    First, I use "Perygren Mackness" for the patriarch of this North Carolina branch of the family because that's the way he spelled it when he signed the Old Tryon County Declaration of Independence. Several transcribed deed records from Old Tryon use the name "Magness," but as far as I can tell from Rutherford County records, Perygren himself always used the name "Mackness."

    If we start with the fact that Perygren named George and Joseph as his sons in his will, then we can document some other family members for certain. When William Magness died in 1816, he left a large estate, and there's a lot of paperwork naming the siblings who were entitled to inherit. Here are the people in my records:

    William, 1747-1816. Died in Lincoln County, NC. Although one record says he was married to Jane Onstott, I think the compiler of this record has confused him with one of his nephews from Arkansas. Apparently, Perygren's son William never married, which is why his siblings and their descendants were his heirs.

    George. Most people seem to think he was a younger son, but I'm dubious. When William died in 1816, George's son Perry Green Magness was living in Indiana. He filed papers regarding William's estate, identifying himself as the son of George Magness, deceased. The 1820 census shows that he was already over 45 at the time, which means he was born before 1775. This means that George was probably born before 1755 and was an elder son, not a younger.

    Perry Green Magness. Born about 1753 or 1754. He was 21 when he entered Revolutionary service in 1775. He died before 1785; his brother William was the administrator of his estate. Although we can't document that he was Perygren's son, it's hard to see who else he could have been, so I don't have any qualms about including him on the list.

    Benjamin. His descendants always thought he was born about 1755, but they also said he was the second son. If so, he was probably a little older than they thought. His oldest son, Perry Green Magness, gave his age as 83 when he was enumerated in the 1850 census of Berrien County, Michigan, which would have given him a birth date of c.1767. He may have been a little off, but I still think Benjamin was probably born around 1749 or 1750.

    Jonathan. Moved to Independence County, Arkansas. Filed papers regarding William's estate. I have no fix on his age, but he was having kids in the 1790's.

    Robert. Everything I just said about Jonathan applies to him, too.

    Samuel. Born in Maryland about 1761, according to nearly everybody. Filed papers regarding William's estate. You'll find some sources that claim Samuel's first wife was Ann Ware, but I think they're confusing him with one of his cousins from the branch that remained in Maryland.

    Joseph. Moved to Kentucky with his father. Filed papers regarding William's estate.

    Sarah. Supposedly born in 1772, which agrees with your records. Married Colonel John Roberts. Also an heir of William Magness, according to estate records.

    There was one more heir in William's estate records that I can't pin down for certain: Perry Green Magness of Warren County, Tennessee, who was born in 1796. Some sources, including yours, claim that he was a late son of Perygren. At least one descendant claims that he was a son of George and supports this claim with quite a bit of documentation, but I keep coming up against the fact that George's son Perry Green was much older, was living in Indiana when William died, and filed a separate set of papers in the estate records.

    The people who have been researching this Perry Green Magness don't agree on his parentage, but they all say he had a sister Sally, who married William Hicks and also moved to Warren County. This seems to argue against his having been a son of Perygren, whose daughter Sarah was still living when her brother William died in 1816. I'm wondering whether he might have been a grandson, rather than a son -- especially because I seem to be finding records of an extra George Magness who may have been a son of one of Perygren's sons. (Sorry to be so vague on this one; I'd have to dig through all my paper piles to find it, and it would be an ugly process!)

    I've tentatively assigned one more son, James, to this family. All I know about James is that he died in Rutherford County, NC before July 1783 and that he was old enough to have an estate. A man named William Twitty, quite possibly related to Joseph Magness' wife Annabella Twitty, was one of the bondsmen in his estate records.

    If there was a son named David, I haven't ever seen a trace of him, and he almost certainly wasn't living when William died in 1816. I've been wondering whether somebody has confused him with Jonathan Magness' son David, who served as his father's attorney in the estate of William.

    Since I wasn't aware that anybody had assigned daughters named Patsy and Susannah to Perygren, I didn't think to look for their husbands' names in William's estate records. I'm wondering whether they might also have been grandchildren; a check of the North Carolina records might answer that question for us. In the case of Susannah, it would surprise me if she were Perygren's daughter, because she supposedly lived and died in Rutherford County, yet none of Benjamin Magness' descendants include her in their records of Benjamin's siblings. Patsy supposedly married in Kentucky in 1797; if I had to guess, I'd theorize that she was a daughter of either George or Joseph.

    I've been wondering whether some of these "extra" children (Susannah, George, and one or two others I can't pin down) might actually have been the children of Peregrine Magness, Jr. He was about 30 when he died, but we don't seem to know anything definitive about his family. I've even seen one message claiming that he, and not his father, was the person who married Sarah Hamrick. (The Hamricks are a whole different story -- most researchers of this line have concluded that George Hamrick and Nancy Cook, whoever they might have been, had nothing to do with anything.)

    I've seen at least one record that includes another supposed son, Zachariah. Again, I can only say that I haven't seen a trace of anybody by this name in this generation of Magnesses.

    I hope I've clarified things a little, rather than confusing them utterly. Maybe, if we all get our heads together, we can straighten some of this stuff out.

    Birth:
    Map & History of Prince George's County ...http://bit.ly/VOUm5X

    Peregrine married Mary Naylor Abt 1745, (Prince George's County, Maryland). Mary (daughter of James Naylor and Ann Jones) was born ~ 1725, (Prince George's County, Maryland); died Aft 1800. [Group Sheet]


  4. 87.  Mary Naylor was born ~ 1725, (Prince George's County, Maryland) (daughter of James Naylor and Ann Jones); died Aft 1800.

    Notes:

    No, this James Naylor was born 1688 and died 2nd May 1769 in Maryland. He was the son of George Naylor (the immigrant) and Elizabeth. Lots of Ancestry trees, not all correct or up to date. This info regarding the Magness link has only just come to light and does not appear on any tree. I have attached a copy of Ann (Jones) Naylors will probated by son Samuel in 1779. Daughter Mary Naylor (Magness) is named in the will.

    On 12 April 2013 21:09, wrote:

    Hello Barrie.

    Thanks for the update. Would this possibly be the same James Naylor:

    http://thehennesseefamily.com/getperson.php?personID=I29293&tree=hennessee


    Thank you,


    David Hennessee
    800.327.3380 Voice
    866.746.3813 Fax
    www.classroomfurniture.com
    info@classroomfurniture.com

    'We make it easy...'
    -----Original Message-----
    From: Barrie Naylor [mailto:info@classroomfurniture.com]
    Sent: Friday, April 12, 2013 2:38 PM
    To: info@classroomfurniture.com
    Subject: Proposed Change: Family: Peregrine Magness/Mary (F1556)

    Proposed Change: Family: Peregrine Magness/Mary (F1556)
    Tree: The Hennessee Family
    Link:
    http://thehennesseefamily.com/genealogy/familygroup.php?familyID=F1556&tree=hennessee

    Description: Peregrines wife Mary in all probability was Mary Naylor daughter of James Naylor & Ann Jones. Named in the will of Ann (Jones) Naylor in 1779.

    Barrie

    Barrie Naylor
    bnbackups@gmail.com



    Re: ACHILLES DURHAM
    Posted By:DARRAL LAWSON
    Email:
    Subject:Re: ACHILLES DURHAM
    Post Date:September 29, 1998 at 18:10:29
    Message URL:http://www.genforum.com/durham/messages/191.html
    Forum:Durham Family Genealogy Forum
    Forum URL:http://www.genforum.com/durham/

    not the right mary polly this mary married george magness ,son of perrygreene magness and sarah hamrick married george magness oct 1794 linclon co n.c.
    DARRAL LAWSON

    10 Mar 2006:

    Home: Surnames: Hamrick Family Genealogy Forum

    Re: Hamrick

    Posted by: Harriet Frye Date: January 30, 2000 at 15:54:15

    In Reply to: Re: Hamrick by Nancy Clark of 384

    Nancy, I'm trying to find out more about Sarah Hamrick, the first wife of Perygren Mackness, whose family moved to the Mecklenburg/Old Tryon County, NC area in the 1760's. Tradition among the North Carolina families is that Sarah was the daughter of George Hamrick and Nancy Cook, but I've seen a variation that says she was the daughter of Moses Bridges Hamrick. Do you know anything about any of this?

    Also, do you know anything about the claim by Rev. Jones, who wrote the old book about this family, that the George Hamrick who married Nancy Cook was the same George Hamerich who emigrated to Pennsylvania in 1731? After looking at the records of these two men, I think Rev. Jones might have been guessing.

    Anything you can tell me about George and Nancy would be helpful. Thanks.

    Followups:

    No followups yet

    http://genforum.genealogy.com/hamrick/messages/384.html

    Children:
    1. William Magness was born 0___ 1747, Prince George's County, Maryland; died 6 May 1816, (Rutherford County) North Carolina; was buried Roberts Family Cemetery, Kings Mountain, Cleveland County, North Carolina.
    2. James Magness was born ~ 1750, (Prince George's County, Maryland); died ~ 1781.
    3. Perry Green Magness, Jr. was born 0___ 1753, Prince George's County, Maryland; died 0___ 1785, (Rutherford County) North Carolina.
    4. Benjamin Magness was born 6 Apr 1754, Prince George's County, Maryland; died 26 Jan 1828, Rutherford County, North Carolina.
    5. Jonathan Magness was born 0___ 1757, Prince George's County, Maryland; died 0___ 1834, Magness, Independence County, Arkansas; was buried Magness Cemetery, Magness, Independence County, Arkansas.
    6. Samuel Magness was born ~ 1761, Prince George's County, Maryland; died 0___ 1831, Marion County, Arkansas.
    7. Zachariah Magness was born ~ 1759, Prince George's County, Maryland.
    8. Robert Magness was born 0___ 1763, Frederick County, Virginia; died 22 Jun 1837, Pulaski County, Arkansas.
    9. Joseph Magness was born 0___ 1765, (Bedford County) Virginia; died Warren County, Kentucky.
    10. George Magness was born 0___ 1768, Lincoln County, North Carolina; died 0___ 1817, Orange County, Indiana.
    11. 43. Sarah Magness was born 16 Feb 1772, Lincoln County, North Carolina; died 16 Oct 1828, Lincoln County, North Carolina; was buried Roberts Family Cemetery, Kings Mountain, Cleveland County, North Carolina.


Generation: 8

  1. 170.  John Martin

    Notes:

    Descendants of John Wooldridge
    Generation No. 3

    8.MARY4 WOOLDRIDGE (JOHN3, JOHN2, RICHARD1) was born Abt. 1735 in Chesterfield Co. Virginia.She married JOHN MARTIN.

    Children of MARY WOOLDRIDGE and JOHN MARTIN are:
    i. ELIZABETH5 MARTIN, m. MR. VIERS.
    ii. UNITY MARTIN, b. 1735; m. MORRIS ROBERTS III.

    John — Mary Wooldridge. Mary was born ~1735, Chesterfield County, Virginia Colony. [Group Sheet]


  2. 171.  Mary Wooldridge was born ~1735, Chesterfield County, Virginia Colony.
    Children:
    1. 85. Unity Martin was born 1735.

  3. 172.  Peregrine Mackness, Sr., The Immigrant was born ~ 1698, (Fosdyke) Lincolnshire, England; was christened 5 Apr 1698, Fosdyke, Lincolnshire, England (son of John Macanas and unnamed spouse); died 9 Jun 1763, (Prince George's County, Maryland).

    Other Events:

    • Occupation: Blacksmith
    • Also Known As: Peregrine Macanas
    • Also Known As: Peregrine Mackaness
    • Also Known As: Perrygreen Magness, Sr.

    Notes:

    The following paper on Peregrine Magness, Jr. was written by the DeKalb County Historian, Thomas G. Webb. The contents of these pages are copyright 2000 to Thomas G. Webb. all rights are reserved. The information on these pages are free for private use, but may not be included in any compilation or collection in any media form for either private or commercial use without the author's consent. I am using these papers on this page with Mr. Webbs permission.

    Magness History

    I have compiled this Magness family history in order to get a comprehensive picture of the entire family of Peregrine Magness, Jr., of Maryland and North Carolina. I have not been able to get completely reliable information; therefore some errors will appear. It is my hope that those who see such errors will let me know what they are and will send me the correct information, along with supporting evidence. I have no telephone or computer, but my mailing address is:

    Thomas G. Webb
    835 South College Street
    Smithville, Tennessee 37166

    My line of descent is from two of the daughters of Perry Green Magness (1796-1884), son of George Magness (born about 1768), son of Peregrine Magness (about 1722-1800). Much of the Magness research I have done myself, especially in Maryland and Tennessee. Most of the research in the North Carolina records was done in the 1970’s by Miles Philbeck, Jr., and is very reliable. However, some of it is not complete, partly because the records themselves are not complete. I have used some information from the Verna Magness book, Magness Migration, 1733-1986. I also have correspondence from a number of Magness descendants, including Mrs. Mary Pugh, Mrs. Nell Henry, Bob Wall, Mrs. Vida Harris, James Magness, Mrs. Marilynn Knowles, David Hennessee, G. David MacKenzie, and several others.

    I am doing this not as a completed work, but as a work in progress. I am hoping to correct all errors, add such further information as may be available, and eventually be able to compile an accurate and comprehensive history of the Peregrine Magness family.

    As you will see, some of our Magness relatives have not behaved as well as they should have. However, most of them paid the penalties for their misbehavior, and most of them and their descendants went on to become useful and productive citizens. And before we condemn too quickly, let us remember the words of the apostle Paul, that “all have sinned, and come short of the glory of God” (Romans 3:23), including ourselves.

    The Magness family has proved to be somewhat more interesting than most of my other ancestors. When I began My family research in my early teens, my father told me that I would probably find a horse thief. Sure enough, I did, and he turned out to be the ancestor of both my mother and my father. I have sought the facts, whatever they were, for I wanted to know everything I could about these ancestors. To quote scripture again, “And ye shall know the truth, and the truth shall make you free.” (John 8:32) I find the magness family extremely interesting, and as we all attempt to discern the truth about them, I hope that you will too.

    --------------------------------------------------------------------------------

    PEREGRINE MAGNESS, JR., and his WIFE MARY

    Peregrine Magness, Jr., was born about 1722, possibly in England, but more likely in Prince George’s County, Maryland. He was the son of Peregrine Mackaness, Sr., and his wife Mary. His names, both first and last, have been spelled in many ways in various records. He himself spelled his last name in different ways, mostly as MACKNESS and MAGNESS, with Magness becoming the generally used name by 1780, and the name used by almost all of his descendants.

    Peregrine Magness, Jr., was evidently the only child of his parents, or at least the only one who lived to adulthood. He grew up in colonial Prince George’s County, Maryland, where his father was living by 1729. (1) His father was a blacksmith and made more money than did many people of that time. He accumulated land, livestock, and slaves, not in large quantities, but he had enough to give him a comfortable living.

    Prince George’s County was very rural and hardly had a town worthy of the name. Young Peregrine’s opportunities for education were somewhat limited; nevertheless he did learn to read and write. There is no evidence that he followed his father in the blacksmith trade; the Maryland deeds speak of Peregrine Jr. as a "Planter", that is, a farmer. His father owned land, and on April 22, 1757, he gave to “his son the Perygrene Mackaness Junior” for “natural love and affection” one half of a tract of 105 acres called Part of Stoke, lying in Prince George’s County, Maryland. (2)

    By the time his father gave him land, Peregrine had been married about twelve years and had five sons. His wife, like his mother, was named Mary, and her maiden name is presently not known. (Some have thought that Peregrine’s wife was Sarah Hamrick, but all evidence indicates that she was definitely not Sarah Hamrick.) Mary was probably born about 1727 in Maryland, and they likely married about 1745 in Prince George’s County, Maryland. Their first known child was born about 1747; the last child (and only daughter) was born 1772. They had probably ten sons and one daughter.

    Peregrine Magness, Jr., and his wife Mary were apparently members of the Church of England, but the references I have are confusing. One reference says that their son Benjamin was born 6 April, 1745 in St. George's’sa Parish in Prince George’s County, Maryland. A second reference says that in 1759 Perygreen Mackness, Jr., signed a petition to divide Prince George’s Parish in Frederick County, Maryland. (3) Wherever the parish was located, Peregrine was evidently interested enough in the church nearer to his home, as attendance was compulsory, and in the larger parishes many had to travel long distances to reach the church. Maryland had shortage of Anglican ministers, especially in the rural areas such as Prince George’s County.

    Whatever interest he may have had in the church, Peregrine Magness did not remain much longer in Prince George’s County. On February 9, 1760, he sold for 20 pounds to George Naylor the 51 acres his father had given him three years earlier, of the tract called Part of Stoke. On the same day hid wife Mary came and relinquished her right of dower, which is the first public record I have found of his wife. Another note of interest in this document is that in the deed itself the name is spelled Perygren Mackness Junr., while in the relinquishment of dower it is spelled peregrine Magness Junr. (4)

    Exactly where Peregrine went after selling his land is uncertain. His father, Peregrine Mackaness, Sr., was living in Frederick County, Maryland, in 1764 when he sold his land in Prince George’s County. (5) His wife was apparently dead, and he may have been living with his only known child, Peregrine, Jr. However, in the Hopewell Friends History, 1734-1934, Published 1936, is a reference to Frederick County, Virginia, where the will of Nathaniel Thomas was proved on March 1, 1763, with witnesses Mary Magnus and Perry MackNess. This sounds very much like our Peregrine Magness.

    An even more definite reference is found in Bedford County, Virginia, Court Order Book 3, Page 172, when in February 1765 Peregrine Magness was ordered to help view a new Road. This road was from Nicholas Davis’ ferry to James Callaway’s road, and was evidently near the home of Peregrine Magness. This same order book in Bedford County, Virginia, on pages 815 and 820, shows the record of two trials held in 1771. They were not related to the Magness family, but they show the kind of justice administered at the time, with which the Magness family would soon have some experience.

    Both trials dealt with black men held as slaves, and the law was harsher with blacks than with whites, but not much. Dick Nanes, valued at 90 pounds, was charged with stealing goods from a store on December 11, 1771. Brought to trial the next day, he pleaded not guilty, but was found guilty, and the court ordered that “the sheriff hang the said Dick on the 27th day of this month until he is dead.” Justice was swift and sure; sixteen days after committing the crime he was dead.

    The other trial was held on December 27, 1771, on the very day Dick was hanged. Robin, the slave of James Buford, was charged with entering the house of John Dawn and stealing “sundry things.” He was found guilty, and the court ordered that “the Sheriff set the sd. Robin in the pillory & nail his Ears to the pillory” for one hour, and then give him 39 lashes “on his Bare Back” and then discharge him. Robin was more fortunate than some; he was not hanged, and he did not even have his ears cut off, as was done in some cases.

    Similar administration of justice was found in most of colonial America, including North Carolina, which was where the Magness family went next, and where they stayed for 30 or more years. On December 21, 1786, an order was made to survey for Perry Green Magness 200 acres on both sides of Knob Creek in Mecklenburg County, North Carolina. A month later, on January 23, 1769, Perrygreen Magness bought 300 acres on Buffalo Creek in Tryon County from William Sims. (6) In November of that year Peregrine entered 300 acres on both sides of Hickory Creek. He continued to acquire land, and by 1795 owned more than 1500 acres in what started as Tryon County, but later became Rutherford, Lincoln, and Cleveland Counties.

    Clarence Griffin’s history of these counties, printed in 1973, notes several patriotic activities of Peregrine Magness. The April 1770 Tryon County Court Minutes show that Perrygreen Magness was commissioned as an ensign in the Tryon milita. On July 26, 1775, the Tryon Committee of Safety was organized, including Captain Mackness’ Company: William Graham, James McAfee, and Perrygreen Mackness. Perrygreen mackness also signed the resolution supporting resistance to British forces, which was drawn by the Committe of Safety. He was among those present at the September 14, 1775, meeting of the Committee of Safety. (7) Besides the contributions of Perregrine Magness, provably all four of his oldest sons served the American cause during the Revolution.

    By the time the Revolutionary War ended, Peregrine Magness was beginning to prosper. The Rutherford County, North Carolina tax list of 1782 shows him with 2 slaves, 8 horses, 27 cattle, and 700 acres of land. (Horses were almost the only transportation at that time, as roads were very poor.) (8) By the 1790 census he owned 3 slaves, which was a relatively small number, but in Rutherford County at that time, only one family in seven owned any slaves at all. Peregrine and Mary in 1790 only had two children at home, apparently their son George and their daughter Sally. Peregrine was about 68 and Mary about 63. They had done well financially and owned much property. Their children were grown and most of them married; they had several grandchildren. They should have been ready to sit back and enjoy the fruits of their labors. Instead, they faced difficult years of trouble and turmoil which would take most of their property and leave Mary and Peregrine almost destitute in their old age.

    I can offer little explanation for the behavior of their sons. They may have had little moral influence in their lives. The Church of England in colonial Maryland was very weak, and we presently have no evidence that the Magness family was active in any church in North Carolina. Historians say that the Christian church in general was weak from the time of the Revolution until the Great Revival of 1800. Some of Peregrine’s sons seemed lacking not just morals, but even common judgment. When Peregrine tried to help them, he ended in financial ruin, and in his last years he left his home in North Carolina for the Kentucky frontier. At least four of Peregrine’s sons got into sever legal difficulties. His son Joseph in 1787 married Arabella Twitty, and in 1789 Joseph’s apparent brother, Zachariah Magness, was tried and convicted of raping Arabella; she accused Joseph of aiding and abetting the act. We still do not know what penalty was imposed on Zachariah; quite possibly it was death by hanging. Good lawyers were expensive then, as they are now, and very likely much of the legal expense in this case fell on Peregrine, the father. Joseph got into further difficulties involving his brother George Magness, and by 1795 Joseph had left North Carolina and moved to the Kentucky frontier, in what was then the west.

    George Magness was Peregrine’s youngest son, and he had been in the Morgan District Superior Court in 1785, when he was only 17. He was giving testimony there in 1792. In April 1794 in Lincoln County, George was found guilty of petty larceny. Though a motion was made for appeal, and Robert Wier and Perrygreen Magness each offered to put up 500 pounds bond, the motion was overruled. George was sentenced to “receive ten lashes on the bard back well laid on by the Sheriff between the hours of twelve and one o’clock this Day at the public whipping post.” Even after suffering this punishment, George still had to make bond with his brother William Magness for 500 pounds each “for the good behavior of the said George for one year & a Day.” Five hundred pounds was a sizable sum of money for that time; it would buy several hundred acres of land or five strong young slaves.

    Quite possibly the 500-pound bond was forfeited, as George was back in court in October 1794 as the admitted father of a base born child. Again, bond had to be made. Less than a year later he was again in Superior Court on a charge of stealing a horse. Though found not guilty, he was charged with court costs. Having no property other than the clothes on his back, George had to spend three months in jail.

    Meanwhile, George’s brother, Robert Magness, had also been accused of stealing a horse. Like George, he was found not guilty of stealing the horse, but he was found guilty of perjury. As we have already seen in the Virginia cases in 1771 and from George Magness’ ten lashes on the bare back, the penalties of the law could be very harsh. Robert did not want to receive the penalty, whatever it was, and he left the state. This left his father, Peregrine Magness, and his brother, Jonathan Magness, to pay the bond they had put up. Peregrine’s sons William, Benjamin, and Jonathan had made bond in several of these cases, and some had been forfeited. Peregrine had also made bond, besides bearing much of the legal expense of these cases. By 1795 Peregrine was selling land to his son William. (9) Robert’s bond forfeiture was the final blow. In the summer of 1796, the sheriff sold more than 1150 acres of Peregrine’s land at public auction. (10)

    Like his sons before him, Peregrine left North Carolina; in fact, he apparently followed his son Joseph to Woodford County, Kentucky, where on November 3, 1798, he sold to William Magness two slaves for $500. (11) A little over a year later, Peregrine and his sons George and Joseph (and probably Robert) were all in Warren County, Kentucky, where Peregrine on May 8, 1800, made his will. He left all his property (which was probably very little by that time) to his wife Mary to dispose of as she pleased. George and Joseph Magness were named executors, and the will was proved in July 1800. (12) The exact burial place of Peregrine Magness is not now known. Some have thought that he was buried in North Carolina, but I believe that to be extremely unlikely. I would think that he is buried somewhere in Warren County, Kentucky, in an unmarked grave. How long his wife Mary survived him is not now known.

    All the children of Peregrine Magness and his wife Mary are not definitely established, but evidence indicates that they had the following ten sons and one daughter.

    Children of Peregrine Magness and wife Mary

    1. William Magness was born about 1747 in Prince George’s County, Maryland, and moved with his parents to Virginia and later to Tryon County, North Carolina, which in 1779 became Rutherford and Lincoln Counties. William served as captain of a company in Col. Wm. Graham’s Tryon Regiment of Militia during February and March of 1776. (13) William began acquiring land by 1774 (14) and by the time of his death owned about 2500 acres. The 1790 Lincoln County Census shows him with 12 slaves; the 1810 census shows him with 19 slaves. William Magness never married, and he died on May 6, 1816, “Intestate and without legitimate issue.” (15) His estate was eventually divided into seven shares, which went to his living brothers and sisters, and to the heirs of those deceased. However, there was considerable litigation, and the estate was not settled until 1825. Much of what we know about the family comes from these court proceedings. In 1819 four of William’s brothers (Robert, Jonathan, Joseph, and Samuel) brought suit against the administrators, John Roberts and Benjamin Magness. The suit claimed that personal property had been sold worth about $17,000.00 but that still unaccounted for were nine slaves and a large quantity of cider and brandy. (16) When the real estate was divided in 1825, each of the seven shares was valued at $1400.00ma a considerable sun for that time. William Magness was buried near Shelby, North Carolina, on Buffalo Creek in what is now Cleveland County, North Carolina, in the same cemetery as his sister Sarah Roberts and her family. His tombstone says “Sacred to the Memory of William Magness, who died May 6, 1816, age 69 years.

    2. James Magness was probably a son of Peregrine and Mary Magness, but no conclusive evidence has been found to establish him positively as one of their children. James was probably born about 1750 in Maryland. On August 2, 1778, in Tryon County, North Carolina, he made claim to 150 acres on Little Broad River, but the claim was denied because someone else had a prior claim. At the October 1783 Rutherford County, North Carolina, Court of Pleas and Quarter Sessions, and inventory of the estate of James Magness was returned by Abraham Collins, administrator. (Collins appears as a witness on several Magness deeds.) James Magness was apparently unmarried and died with heirs. Some have thought that James died at the Battle of Cowpens on January 17, 1781, and this seems quite possible, though no record has been found at this time.

    3. Perrigreen Magness, Jr., was born in 1753 in Prince George’s County, Maryland. He was technically Perrigreen Magness III, but apparently was never so designated. Both he and his father were sometimes referred to as Perrigreen Magness, Jr., causing occasional confusion. He apparently enlisted in the army on two successive years. He was age 21 and 5 feet 9 inches tall on July 1, 1775 when he enlisted in Captain Eli Kershaw’s Company of Colonel Thompson’s Regiment of South Carolina Rangers. His name also appears on the roll of Colonel William Thompson’s 3rd South Carolina Regiments, with an enlistment date of July 24, 1776. he probably died in early 1785, as William Magness was appointed administrator of his estate in April 1785 by the Rutherford County, North Carolina, Court of Pleas and Quarter Sessions. The inventory showed that he owned four horses and 60 gallons of whiskey (which were sold to William Magness for 32 pounds 5 shillings) and that Ben Magness owed the estate 10 pounds. He was apparently unmarried and died without heirs.

    4. Benjamin Magness is said by one source to have been born April 6, 1754, in St. Georges Parish, Prince Geroge’s County, Maryland, and to have died January 26, 1828, in Rutherford County, North Carolina. (17) He was married about 1775 to Katie Mooney, Daughter of Jacob Mooney, and they had probably eight children. He married second July 10, 1808 in Rutherford County, Nancy Walker, by whom he had four children. On October 20, 1779, he bought 200 acres on Sandy Run Creek. (18) He is listed in the 1790 census of Rutherford County with 1 male over 16, 5 males under 16, and 3 females. Benjamin and his brother-in-law John Roberts in 1816 were appointed administrators of his deceased brother William, (19) a difficult job which lasted nine years. Benjamin himself had a large amount of property at the time of his death. One source says Benjamin had a child jeremiah born 1779 and crushed to death by soldiers in 1781. (20) His other children were named in his will:

    I. Perry Green Magness, born about 1777, lived in Berrien Co., Michigan.

    II. Jacob Magness, born about 1781, died 9 Nov. 1855 in Rutherford Co., NC, married 21 Aug. 1806 in Bath Co., NC, to Edith Webb.

    III. Mary Ann Magness, b. about 1783, d. 1860 Cleveland Co., NC, married John Washburn, 1779-1857.

    IV. James Magness

    V. Benjamin Magness, Jr.

    VI. William Magness, married 29 Jan. 1818 Rutherford Co., NC to Sarah Hamrick.

    VII. Catherine Magness, b. about 1790, married 7 Jul 1810 to John Reynolds.


    Children by second wife, Nancy Walker


    VIII. Joseph Magness, b. 7 Jan. 1810, m. 19 Dec. 1827 Rutherford Co., NC Esther Beam.

    IX. Sarah Magness, b. about 1812, m. 14 Nov. 1831 to Benjamin Franklin Goode.

    X. Samuel Magness, b. 22 Aug. 1817, d. 5 Oct. 1894, Cleveland Co., NC. Married first Susanna Grigg, second 20 Aug. 1868 Mary Whisnant.


    5. Jonathan Magness, also known as John, was born about 1756 in Prince George’s County, Maryland, and is said to have died in 1834 in Independence County, Arkansas. he married about 1779 Patty------, by whom he had several children. She died at age 74 on March 8, 1832, in Independence County, Arkansas. (21) Jonathan married second on June 3, 1832 in Independence County, Rebecca Hammond. The Arkansas Gazette of July 18, 1832, in reporting their marriage mentions that Jonathan was 76 and Rebecca was 20. They are said to have had one daughter Mary Ann, who died young.

    Jonathan in 1779 was granted 150 acres on Big Hickory Creek in Tryon County, joining land of his father. He sold this land in 1790, having in 1788 bought 300 acres on Brushy Creek in Rutherford County, which eh sold in 1794, it being the “Place where said John Magness now lives.” (22) He had five more tracts of land, but in the summer of 1796 they were sold by the sheriff at the same time that much of Jonathan’s father’s land was sold by the sheriff. Apparently this was a result of Jonathan’s making bond for his brother George in the Rutherford County Court of Pleas and Quarter Sessions in October 1794. When George did not fulfill his obligations, the bond was forfeited, and the sheriff sold the land of both Jonathan and Perrigreen Magness. Both of them had also made bond for Robert Magness with similar results. Jonathan apparently left North Carolina about this time. He may have gone with his father to Warren County, Kentucky, or to Davidson County, Tennessee. A few years later he was in neighboring Wilson County, Tennessee, where on 24 August 1806 he paid $800 for 640 acres near Stones River and the Davidson County line. Witnesses were his sons Perry Green and John. On 3 Sept. 1807 he paid $640 for another 640-acre tract on Stuart’s Creek in Wilson County, Tennessee; his sons John and David M. were witnesses. (23)

    About this time Jonathan Magness and his sons became involved with a man named Patton Anderson, an involvement which would have a profound effect on their lives for years to come. The precise nature of their quarrel is not known; it is said to have begun in a land transaction. Whatever it was, it developed very strong feelings on both sides, with bitter disputes between Anderson and Magness whenever they met. They met in October 1810 at the Bedford County courthouse, where the case was to be heard. Before the judge arrived, Jonathan Magness and Patton Anderson began to discuss their old grievance, and both became highly excited. Jonathan’s sons Perry Green and David were standing near, and when Patton Anderson raised his hand with a large knife in it, David Magness drew his pistol and shot Anderson dead. He then gave himself up to the authorities, saying that he did it to save his father from being killed.

    The trial was held in November 1810 at the Williamson County courthouse in Franklin, Tennessee. A rather detailed account of the proceedings is given by John B. Cowden in his book Tennessee’s Celebrated Case, published in 1958. Cowden’s basic account is factual, but he had the mistaken idea that the Perry Green Magness involved was Perry Green Magness (1796-1884) of DeKalb County, Tennessee. (Perry Green Magness of DeKalb County was actually a son of George, making him a younger first cousin of the Perry Green Magness involved in this case. See George Magness listing.)

    Andrew Jackson was a friend of Patton Anderson, and he vowed that all three Magnesses would hang. Jackson appeared as a character witness for Anderson, but the Magnesses had hired the very able Felix Grundy as their attorney; he would one day be Attorney General of the United States. The trial is said to have lasted two weeks and had dozens of witnesses, but when the verdict was returned, David Magness was found guilty not of murder, but of manslaughter. He was sentenced to eleven months imprisonment and to have his left hand branded with the letter M, which was done.

    Jonathan Magness was returned to jail to await his trial, which for various reasons was delayed until May 1812, when he was acquitted by the jury. David then had served his eleven months, but both were still in jail in Nashville. Good lawyers were expensive then, as they are now, and evidently legal charges had taken all the money and property of Jonathan Magness and his sons. When they were required to pay the court costs of some $800, they were unable to do so. They were then held in jail until they should pay. They applied to the Circuit Court to be discharged under the law for the relief of insolvent debtors, but were rejected and so faced the prospect of “perpetual imprisonment.” On September 9. 1812, both Jonathan Magness and his son David petitioned the Tennessee Legislature to release them. No record of action on these petitions was found in the Journal of the 1813 General Assembly, and exactly when the Magnesses were released is not now known.

    Apparently all of them left Tennessee. Jonathan’s son Perry Green was in Arkansas in 1814, and on January 5, 1815, was appointed a justice of the peace in Independence County. Jonathan’s son David Magness, who was branded, apparently became a major in the militia in Arkansas, and on July 4, 1822, made an outstanding patriotic speech at the Independence County Grand Jubilee. (24) Jonathan Magness in 1817 was in Lawrence County, Missouri Territory; (25) in 1819 he was still in Missouri. By 1826 Jonathan was living in Independence Co., Arkansas, (26) where he apparently spent the remainder of his life. Little information is available to me on the children of Jonathan Magness and his wife Patty.

    Those I have are:

    I. David M. Magness, lived in Independence Co., Arkansas.

    II. Perry Green Magness, married Mary ----- (possibly Mary Steele in 1807 in Tennessee), had several children, died in 1828 in Independence Co., Arkansas.

    III. John Magness, who married and had descendants in White Co., Arkansas.

    IV. William Magness

    V. Morgan Magness, born December 18, 1796, died September 1, 1871. married first May 14, 1827 Kezziah Ann Elliott, second june 23, 1845 Susan Dunnigan, 5 children.

    6. Zadchariah Magness was probably born about 1759 in Prince George’s County, Maryland, and appears to be the son of Peregrine Magness and wife Mary. More research needs to be done on Zachariah, but the records of Morgan District Superior Court of North Carolina reveals quite a bit. In 1789 Zachariah was convicted of raping Arabella Twity Magness, wife of his brother Joseph; She also accused Joseph of aiding and abetting the act. The papers of Morgan District Superior Court (in Bucked County?) show that on March 12, 1789, the sheriff of Rutherford County was commanded to seize 54 pounds and 9 shillings from the property of Zachariah Magness for debts and sossts in the Morgan Superior Court of Law and Equity “in that case expended whereof the said Zachariah Magmess is convicted and liable of record.” He was convicted, but his sentence has not been found at this time. In 1789, long prison terms were seldom given; the usual sentences were whipping, branding, or hanging. Was Zachariah executed? or did he receive other punishment and move away? His name has not been found further in the North Carolina records. No claim was made on the estate of his brother William Magness who died in 1816, so we assume that Zachariah had died without heirs by that time.

    7. Samuel Magness was born about 1716, probably in Frederick County Virginia. he is thought to have married first about 1784 Mary Morgan, and second by 1800 Nancy Ragin. Nancy and Samuel signed a deed on 22 january 1800, recorded in Greenville Co., SC Deed Book E, page 405. By 1790 Samuel Magness was living in Greenville County, South Carolina with a son and two daughters; by 1800 he had five daughters and three sons. On 3 May 1792 Samuel had a land transaction recorded in Greenville County Deed Book C, page 436. Samuel was still living in Breenville County on December 19, 1817, when he sold his share of the William magness estate to his brother-in-law, John Roberts, for $625. (27) Nevertheless, he joined his three brothers in 1819 in a lawsuit over William’s personal property. (28) Samuel Magness is thought to have moved to Arkansas about 1828, first to Independence County, then to marion County. On 15 August 1829 he made a deed as Samuel Magness of the Territory of Arkansas, County of Independence. (29) Samuel Magness died in Marion County, Arkansas, in 1831. His wife Nancy died there in 1841. Samuel had several children by his two wives; some of their names are not known.

    I. James Magness, b. 25 May 1789 South Carolina, died 2 Aug. 1872 Marion Co., Arkansas. married 22 July 1813 in South Carolina to Narcissa Barnett, b. 12 Feb. 1796 SC, died 26 May 1862 in marion Co., Arkansas.

    II. Joseph Magness, born about 1790 South Carolina, died 1840’s Marion Co., Arkansas, married Martha (Patsy) Springfield in South Carolina.

    III. Perry Green Magness, born about 1801 Greenville Co., SC, married Jane -----. Lived Union Co., Ga 1850, later in Polk Co., Tn., and died after 1880, probably in Fannin Co., Ga. (both James and Perry Green are mentioned as sons of Samuel Magness in Greenville Co., SC Deed Book Q, page 86.)

    IV. Elizabeth (Betty) Magness born about 1810 SC, died 14 July 1889 in Independence Co., Arkansas, married there on 20 Sept. 1829 to Washington Bradley.

    Other Possible children of Samuel:

    V. David Y. Magness, born 1785 NC

    VI. Mary Magness, married ------ Johnson.

    VII. Robert Magness, born about 1809, possibly married Sally Wherle.

    VIII. Daughter who married John Owens.

    8. Robert Magness was born about 1763, probably in Frederick County, Virginia, and died June 22, 1837, in Pulaski County, Arkansas. Some think that his first Wife was Mary Wilson and that his second wife was Lydia Gamble. his wife at the time of his death was Sarah. During the 1790’s at least four of the Magness sons had difficulties with the legal authorities. Robert Magness at this time was tried for stealing a horse and acquitted, but later convicted of perjury. Not wishing to take the punishment (which could be quite harsh), Robert apparently left the State. His bond was forfeited, leaving his father and his brother Jonathan to pay it. They could not, and their land had to be sold. Some was sold to Peregrine’s sons William and Benjamin, but much of it was sold by the sheriff. In the summer of 1796, then tracts in Rutherford County, North Carolina, belonging to Jonathan magness or to his father Peregrine were sold by the sheriff.
    Probably Robert went to Kentucky and joined his brother Joseph; in 1801 Robert claimed land in Warren County, Kentucky, on Little Beaver Dam Creek. (30) By 1805 Robert was in Rutherford County, Tennessee; on June 13 he bought lot no. 2 in the town of Jefferson in the forks of Stones River, not far from his brother Jonathan in Wilson County. (31) In 1817 Robert was living in Arkansas (now New Madrid) County, Missouri Territory, and in 1819 he was still in Missouri. (32) He later moved to Pulaski County, Arkansas, where he died in 1837, leaving a will which indicates that he then owned 406 acres of land and two slaves. He names in his will ten children: sons Robert, William, John, Samuel, James, and Thomas, and daughters Eddney Ann Magness, Elizabeth harden, Sarah Adams, and Mary Baker.
    9. Joseph Magness was born about 1765, probably in Bedford County, Virginia. The time of his death is not known; he was still living in 1825. On August 3, 1787, in North Carolina he married Arabella Twitty. In 1789 Joseph’s brother Zachariah was convicted of raping Arabella, and she accused Joseph of aiding and abetting the crime. he and Arabella evidently divorced, but jus when is uncertain. On August 10, 1792, Arabella Twitty Magness sold 85 acres which had been granted to her in 1786, before her marriage. (33) The Rutherford County, NC, Court of Pleas and Quarter Sessions in April 1793 shows on the trial docket Arabella Magness vs. Joseph Magness, but the case was dismissed. The trial docket for April 1794 shows Polly Durham vs. Joseph Magness for slander, but that case was not prosecuted. It apparently arose from Polly Durham’s difficulties with Joseph’s brother George at the same time.
    Probably Joseph Magness had his divorce by 1794; he and Arabella evidently had no children. He saw only further problems ahead in North Carolina. He left Carolina for what was then the West, and on February 19, 1795, in Woodford County, Kentucky, he was married to Betsy Stewart. By 1798 Joseph’s father, Peregrine Magness, was also living in Woodford County, Kentucky, having lost all his land in North Carolina. In 1800 Joseph and Perigrine were in Warren County, Kentucky, where Joseph’s name is on the tax list. Possibly Robert Magness was also there; he appears in the Warren County records in 1801. Joseph’s brother George was also in Warren County. Peregrine died between May and July of 1800, leaving a will naming Joseph and George as executors.(34) The only clue we have to Joseph’s children is in the 1810 census of Warren County, which shows him with one male under 10 and three females age 10 t0 16, besides the two adults age 26 to 45. Joseph and wife Elizabeth (Betsy) sold 200 acres in Warren County in 1811, but they continued to live in Warren County. (35)
    Joseph Magness served in the War of 1812, from September 1 to December 25, 1812, in the company of Captain Alexander Stuart, Miller’s 3rd Regiment. Alexander Stuart was very likely a relative of Joseph’s wife Betsy Stewart. On October 9, 1816, Joseph Magness of Warren County, Kentucky, gave his power of attorney to Alexander Stewart to represent him concerning the estate of Joseph’s brother William Magness in North Carolina. (36) On July 7, 1817, Joseph Magness is in a list of those working on a road, (37) but his name is not found in the Warren County records after that date.
    Possibly he returned to North Carolina to claim his inheritance and to make his home. On February 7, 1825, he received as his part of the William Magness real estate 400 acres on Hickory Creek, along with another tract on Main Hickory Creek. A short time later, on April 26, 1825, he sold 191 acres of this property, and he is referred to in the deed as a resident of Rutherford County, North Carolina. (38) We presently have no further information on Joseph Magness, nor do we know the names of his children or how many he had.
    10. George Magness was born about 1768 in Tryon County, North Carolina, and died between 1800 and 1816, possibly in Kentucky. George, like some of his brothers, was in various legal difficulties. as with Zachariah and Robert, the court records are not complete, but they furnish enough information to give us a general idea of what was taking place. George made his appearance in court when he was still young; in July 1785 he was about 17 when Benjamin Rice and Benjamin Magness made a 200 pound bond that George would appear in Morgan District Superior Court of Law and Equity on 1 September 1785. On September 7, 1792, George and his brother Robert appeared in the same court to give testimony in a case.
    In April 1794 George had not one but two cases of his own. One was in the Rutherford County, North Carolina , Court of Pleas and Quarter Sessions, where the trial docket showed Polly Durham vs. George Magness, but the case was dismissed. The same docket showed Polly Durham vs. Joseph Magness for slander, but that case was not prosecuted. Just as swell that these were dismissed, as George had big trouble in the Lincoln County, North Carolina, Court of Pleas and Quarter SEssions. In the April 1794 Session he was found guilty of petty larceny and ordered to “receive ten lashes on his Bare Back well laid on by the Sheriff Between the hours of twelve and one o’clock this Day at the public whipping post.” This should have tamed him somewhat, but he already had more trouble underway back in Rutheford County. Polly Durham, whose case was dismissed in April, by October 1794 had been delivered of a “base born child.” George was evidently the father, as his brother John Magness made 200 pound bond on behalf of George Magness to indemnify the county from having to maintain the child. (This child was Sarah Magness, Born 1794, who later married William Hicks and lived in Tennessee.) Still more trouble lay ahead for George. In 1795 he was tried in the Morgan District Superior Court in Burke County, North Carolina, on an accusation of horse stealing, but found not guilty. He was nevertheless charged with the court costs and held in jail from June 26, 1795, to September 16, 1795, when a hearing was held at which George declared that he had no “property or money to pay and satisfy the costs, saving the clothes and apparel which eh commonly wears.” (One of the witnesses called was Abraham Collins, the same man who was administrator of the James Magness estate in 1783.) Apparently George was released from jail on or about September 16, 1795, and almost exactly nine months later, on May 23, 1796, a son named Perry Green Magness was born to him and Polly Durham. Though no record has been found, we assume that George Magness and Polly Durham were married, as in 1824 Perry Green Magness was declared in court to be “the son and only heir at law of George Magness.” Under the North Carolina law, only children of a legal marriage could inherit where there was no will. George’s daughter Sarah, having already been declared base born by the October 1794 court, had no right of inheritance.
    Probably neither Polly nor her two children were concerned at this point with rights of inheritance; they were simply trying to survive. George owned no property; he had acquired 50 acres in 1793, but had to sell it in 1795. (39) He was no provider, and evidently he and Polly did not live together long. There were no more children, and she probably returned to her family. George’s name appears in the Burke County, NC, Court of Pleas and Quarter Sessions for October 1799, when he was listed as owing more than 8 pounds for his maintenance in jail. Whether this was the old debt from his 1795 stay or a debt from a more recent time is not clear, but he was believed to be insolvent. Probably in 1799 George joined his father in Warren County, Kentucky. Peregrine’s will, proved in July 1800, names George and his brother Joseph as executors. No further record of George Magness has been found. He was dead by 1816, but we know no more. In all the years of litigation over the William Magness estate, the only mention is of “George Magness deceased”; no record is found of when or where he died.
    George’s two children went with their mother to her family; they probably lived with or near their mother’s sister Sarah Durham and her husband Abraham Cantrell, and moved with them about 1809 to Warren (now DeKalb) County, Tennessee. Perry Green Magness married Mary Cantrell early in 1815; in 1816 he got the news of the death of William Magness. Perry Green apparently never went to North Carolina himself to see about his uncle William’s estate, but he made at least three different powers of attorney regarding it. The first two are recorded in Lincoln County, NC, Deed book 28, pages 37 and 686. He made one on 4 September 1816 in Warren County, Tennessee, giving power of attorney to Francis Alexander. The following year Perry Green had moved to Orange County, Indiana, where he lived for a year or more before moving back to Warren County, Tennessee. On May 24, 1817, (he had his 21st birthday on May 23) in Orange County, Indiana, Perrygreen Magness “son of George Magness Dec’d” gave power of attorney to Berryman Hicks of Rutherford County, North Carolina. (Berryman Hicks was married to Elizabeth Durham, sister of Perry Green’s mother.) A third power of attorney was recorded in Rutherford County, NC Deed Book 34, page 135, and is even more specific as to his relation to George Magness. It was made 4 December 1817 in Orange County, Indiana, by Perrygreen Magness, “son and lawful heir of George Magness, decd.,” and gives authority to Berryman Hicks.
    Berryman Hicks had difficulty establishing Perry green as George’s legal heir. Perry Green never claimed to be George’s only child; he did claim to be his only legal heir. The Execution Docket of the Superior Court of Law and Equity in Lincoln County, North Carolina, shows that in October 1818 the heirs of William Magness petitioned for a division of the real estate. No division was made, however, and in October 1824 the case of Heirs of Wm. Magness vs. Perrigrene magness was brought to a jury, which found “that the said Perregrine Magness is the son and only heir at law of George Magness dec’d, a brother to Wm. Magness dec’d.” The real estate was ordered to be devided into seven parts, of which Perry Green Magness would receive one.
    Actually the seventh part went to Berryman Hicks, who had agreed to pay Perry Green Magness $1500 for Perry Green’s share of the estate if Berryman Hicks succeeded in establishing Perry Green’s claim. Difficulties must have arisen over that after Berryman Hicks died about 1842. In the North Carolina Archives, the Cleveland County Miscellaneous Files contain the suit of Hazael Hicks, admr. of Berryman Hicks, vs. John Roberts, admr. of William Magness. Within this suit is a deposition of Perry G. Magness, aged about 48 years, at Smithville, DeKalb Co., Tennessee 27 May 1844, stating that “I did transfer my interest in the estate of my uncle Wm. Magness deceased to the said Berryman Hicks about the year 1817 or 1818. We came to a settlement about the year 1825.” A second deposition was made by Perry G. Magness, aged about 51 years at Smithville, DeKalb County, Tennessee, on 17 July 1847, stating “I did sell and transfer my interest in said estate to Berryman Hicks for fifteen hundred dollars, provided he established my heirship in said estate.”
    With the $1500 , which was a considerable sum at the time, Perry Green Magness bought land and made investments and became a merchant. his sons and grandsons became merchants and bankers, and many of them prospered greatly. Whether Perry Green’s sister was given any of the money is not known; it is known that she was provided for in her old age by her brother Perry Green. Their mother Polly Durham magness, married in Warren County, Tennessee, about 1827 Benjamin Cantrell She died a few years later, between 1830 and 1840. The two children of George Magness and Polly Durham both lived in Warren and DeKalb Counties, Tennessee.
    I. Sarah (Sally) Magness, born September 1794 in Rutherford County, North Carolina, married about 1812 William Hicks, died 1880-1900 probably in DeKalb County, Tennessee. Eight or more children.
    II. Perry Green Magness, born may 23, 1796, in Rutherford County, North Carolina, married 1815 in Warren County, Tennessee to Mary Cantrell (1799-1863), died March 1, 1884, in DeKalb County, Tennessee. Twelve children.
    11. Sarah Magness, was born February 16, 1772, in Tryon County, North Carolina, and died October 16, 1828, in Lincoln County, North Carolina. She was the last child and only known daughter of Peregrine Magness and his wife Mary. Sarah married about 1790 John Roberts, later known as Colonel John Roberts. he was born July 16, 1767, in Chesterfield County, Virginia, and died June 30, 1847, in Cleveland County, North Carolina. They lived near Sarah’s brother William, and John Roberts was an administrator of the sizable estate of William Magness. William Magness, John and Sarah Roberts, and four of the Roberts children are buried at the Roberts Cemetery in Cleveland County, North Carolina. I have been sent a list of eleven children of John and Sarah Roberts. The dates do not completely match those I have of the tombstones in the Roberts Cemetery.
    I. Mary (Polly) Roberts, born about 1791, died 1850, married 10 Feb. 1810 to Charles Doggett.
    II. Sarah (Sally) Roberts, born about 1792, died after 1850, married 31 July 1820 to Samuel Green.
    III. Joshua Roberts, born about 1795, died about 1865 Buncombe Co., NC. Married Lucinda Patton. JOshua is said to have been mayor of Asheville, NC.
    IV. William Roberts, born Sept. 10, 1796, died Oct. 4, 1865. Known as Squire Billy. Married first 2 April 1839 Mary Fulenwider, second Katherine Wray.
    V. Thomas Roberts, born August 2, 1799 (or 1794), died August 16, 1841, married 3 Oct. 1820 to Eliza Warlick.
    VI. Perry Green Roberts, born October 19, 1801, died November 21, 1837, unmarried.
    VII. Morris Roberts, born December 22, 1808, died December 10, 1875, married Dedcember 21, 1838 to Susannah Adams.
    VIII. John Martin Roberts, born about 1811, died July 31, 1848.
    IX. Rufus A. Roberts, born December 11, 1816, died August 27, 1835,unmarried.
    X. Jane P. Roberts, married December 13, 1836 to peter Summey.
    XI. Susannah Roberts, married Charles Smith.
    This completes the children of Peregrine Magness, Jr., (1722-1800) and his wife Mary.
    Peregrine Magness Jr. (1722-1800)
    End Notes

    (1). Prince George’s Co., Maryland Deed Book Q, p. 218.
    (2). Prince George’s Co., Maryland Deed Book NN, p. 522.
    (3). Calendar of Maryland State Pagers, The Black Book, 1758-59, p. 137.
    (4). Prince George’s Co., Maryland Deed Book RR, p. 44.
    (5). Prince George’s Co., Maryland Deed Book RR, p. 231.
    (6). Tryon Co., North Carolina Deed Book, 1, p. 51.
    (7). Griffin, Clarance W., History of Old Tryon and Rutherford Counties, North Carolina, 1730-1936. Asheville, 1937. Pages 10, 16, 18, and 27.
    (8). Griffin, History, p. 122.
    (9). Rutherford Co., NC Deed Book M-Q, p. 241.
    (10). Rutherford Co., NC Deed Book R, pages 52, 54, 62, 64, 66, and 92.
    (11). Lincoln Co., NC Deed Book 19, p. 16.
    (12). Warren Co., Kentucky Will Book A, p. 16.
    (13). Roster of North Carolina Soldiers in the Revolutionary War, page 42.
    (14). Tryon Co., NC Deed Book 2, p. 31.
    (15). Lincoln Co., NC Chancery Court of Equity, Magness suit, April 23, 1819.
    (16). Same.

    Early MACKANESS antecedents;

    More English records here's a copy of what was on the "free" search section of Burke's Peerage

    MACKANESS OF BOUGHTON HALL

    JOHN HOWARD MACKANESS, of Boughton Hall, Northampton, CC (1960), jt/jtly MFH Pytchley from 1968, Dir of various Cos., holds Diploma in Horticulture, served in WW II 1939-45, with Home Guard and Civil Defence; b 11 Oct 1915; educ Northampton Town and County Sch, and Oakham and Wye Coll; m 28 Sept 1940, ?Marjorie, dau of Cecil Stanley Andrews, of Carnethie, Trinity Avenue, Northampton, by his wife Jane, dau of Alfred Powell Hawtin, of Northampton, and has issue,

    Lineage- JOHN MAKERNES, of Thingdon (later called Finedon), Northants, gentleman; b. ca. 1445; m Elizabeth (will dated 24 April, 1533), and d (will dated 14 Oct 1515), leaving issue, with anot...

    Record Type(s): Landed Gentry

    -------

    Finedon is in Northampton which is relatively close to Lincolnshire, I believe. It appears that the Lincolnshire Mackaness/Mackernes ect. branch of the family emerged in the late 1500's. John Makernes of the 1445/1460 of Finedon appears to be the earliest mention of the name in that form that I can find and is recognized as the origin of the Northampton branch of the family. So my guess would be that somebody from Northamptonshire moved to Lincolnshire in the 1500's.

    I did a web search on this John Makernes and found the following. It is unverified but is a composite of various family trees listed online back to John Makernes of Finedon, Northamptonshire:

    1. John Makernes b. Finedon 1445/1460 m. Elizabeth UNKNOWN, d. 1515

    children:

    Agnes b. 1491
    Ellen b. 1496
    Thomas b. 1503 d. 1546 m. Ellen UNKNOWN
    William b. 1494 d. 1544

    2. William Makernes b. Finedon 1494 d. 1544

    children:

    William b. 1536 d. 1613
    Margaret
    Richard
    John
    Joan

    3. William Makernes b. 1536 d. 1613 m. Agnes Harrgat

    children:

    Ellen b. 1564 d. 1645 m. Roger Sargent
    George m. Catherine Chapman 1587
    Margery m.. William Chapman
    Richard m. Elizabeth Chambers 1592

    Continued - http://genforum.genealogy.com/magness/messages/591.html

    More children of John Makernes b. Finedon 1445/1460 m. Elizabeth UNKNOWN, d. 1515

    children:

    Agnes b. 1491
    Ellen b. 1496
    Thomas b. 1503 d. 1546 m. Ellen UNKNOWN
    William b. 1494 d. 1544
    Edmund b. 1505
    Elizabeth b. 1507

    Also to anybody interested in researching this further:

    I just glanced over that list of English probate records I had posted from earlier and noticed some of the names matched with the descendants of John Makernes of Finedon.

    Thingdon and Finedon are apparently the same town/region, which is in or near Rutland - the same county that is next to the border of Lincolnshire where the Perregrine Mackaness/Mackerness appears to have come from around 1700.

    Here are the possible matches to the probate records -

    Northamptonshire, Rutland: - Calendar of Wills, 1510-1652
    Calendar of Wills Proved and of Administrations Granted in the Commissary Court of the Peculiar and Exempt Jurisdiction of Groby, 1580-1800.
    Wills Relating to the Counties of Northampton and Rutland, Now Deposited at Northampton. 1510 to 1652.
    Book D, 1527 to 1534.
    County: Rutland
    Country: England
    Makernes, Edmund: Irthlingborough 324
    --------------------------------------------------------------------------------
    Northamptonshire, Rutland: - Calendar of Wills, 1510-1652
    Calendar of Wills Proved and of Administrations Granted in the Commissary Court of the Peculiar and Exempt Jurisdiction of Groby, 1580-1800.
    Wills Relating to the Counties of NortBampton and Rutland, Now Deposited at Northampton. 1510 to 1652.
    Book I, 1545 to 1548.
    County: Rutland
    Country: England
    Makernes, Thomas: Thingdon 127
    --------------------------------------------------------------------------------
    Northamptonshire, Rutland: - Calendar of Wills, 1510-1652
    Calendar of Wills Proved and of Administrations Granted in the Commissary Court of the Peculiar and Exempt Jurisdiction of Groby, 1580-1800.
    Wills Relating to the Counties of NortBampton and Rutland, Now Deposited at Northampton. 1510 to 1652.
    Book W, 1590, 1597 to 1602.
    County: Rutland
    Country: England
    Makernes, Joan: Thingdon 232
    --------------------------------------------------------------------------------
    Northamptonshire, Rutland: - Calendar of Wills, 1510-1652
    Marriage Allegations, 1660
    Wills Relating to the Counties of Northampton and Rutland, Now Deposited at Northampton. 1510 to 1652.
    Book D, 1527 to 1534.
    County: Rutland
    Country: England
    Makernes, Edmund: Irthlingborough 324
    --------------------------------------------------------------------------------
    Northamptonshire, Rutland: - Calendar of Wills, 1510-1652
    Calendar of Wills Proved and of Administrations Granted in the Commissary Court of the Peculiar and Exempt Jurisdiction of Groby, 1580-1800.
    Wills Relating to the Counties of NortBampton and Rutland, Now Deposited at Northampton. 1510 to 1652.
    Book W, 1590, 1597 to 1602.
    County: Rutland
    Country: England
    Makernes, Richard: Thingdon 270

    Posted By: Harriet Frye
    Email: alltankersleys@bellsouth.net
    Subject: Re: Peregrine Falcon/Peregrine Magness
    Post Date: October 26, 2000 at 14:12:58
    Message URL: http://genforum.genealogy.com/magness/messages/342.html
    Forum: Magness Family Genealogy Forum
    Forum URL: http://genforum.genealogy.com/magness/

    Hi, Randa's mom,

    There are only two children of Perygren Sr. that I'm sure about. One is a son, Samuel; the other is a daughter, whose Christian name I don't know, who married a Gaines and had a son named Thomas. In 1763, Perygren Sr., who was a blacksmith, leased some land in Fairfax County, Virginia for a term that included not only his lifetime but also the lifetimes of his son Samuel and his grandson, Thomas Gaines.

    I think it's possible that Samuel was the Samuel Makanes who married Francisme Cravens in Overwharton Parish, Stafford County, Virginia in 1742. There's also a later marriage in Maryland between Samuel Magness and Ann War, but this was in the 1770's and may have been a later Samuel.

    In addition to Perygren Sr., Perygren Jr. and Samuel, two other Mackness names turn up very early in northern Virginia and the adjoining counties of southern Maryland: John, who married Elizabeth Morris in Baltimore County, Maryland in 1751, and a "George McKness" who appears among the names in the Fairfax County, Virginia estate records of Bridget Costello in 1769. I think John's family ended up in Harford County, Maryland, and I think there may also have been a Moses Magness who was part of this same generation, but whether any of these three men was actually a son of Perygren Sr. still remains to be proven.

    Unfortunately, that's about all I know about the possible collateral lines of Perygren Jr.'s family. Most of my research has been on the direct line, since I'm a descendant of one of Perygren Jr.'s sons, who was also named Samuel.

    Although Perygren Sr. is the only early Mackness I've found in that particular part of Virginia and Maryland, it's always possible that there were others. Perygren Sr. seems to have emigrated to the American colonies sometime in the 1720's (that's when he first begins to appear in the records, anyway), but there's no guarantee that he was the only family member to emigrate.

    I hope this has helped. If I can answer any other questions, please let me know.

    Harriet



    30 Apr 2006:

    Re: Mackaness of Prince George County, Maryland
    Author: Tom Magness Date: 11 Apr 2002 2:17 PM GMT

    The founder of the Magness family in North American is believed to be Peregrine Mackaness who was born about 1700 in the County of Lincoln on the northeast coast of England. The name Mackaness appears in the parish registers of that county in the late 1600's including some listing with the personal name Peregrine.

    The earliest mention of Peregrine Mackaness in North America is found in a trust deed dated February 1729 made to "Peregrine Mackaness, blacksmith, and Robert Perlee, carpenter, by Benjamin Loyd" to insure Loyd's bond as administrator of an estate. Later in September of the same year, Thomas Truman Greenfield conveyed to "Peregrine Magness of Prince George's County, blacksmith" a lease to 29 acres on the east side of the Patuxent River in the forks of Taylor's Creek, The lease was the remainder of a 99-year lease which began in 1677. His name is also found in the Maryland State Papers of 1733 on a tax list.

    A deed in the name of "Peregrine Mackaness, blacksmith, of Prince George County, Maryland, of the one part and Peregrine Mackaness Junior, plantor, of the said county, of the other part" reads as follows:

    "For and in consideration of the natural affection that he has and bears for his son, the said Peregrine Mackaness Junior, the said Peregrine Mackaness hath given, granted and confirmed and by those present doth hereby give, grant, alien and confirm unto the said Peregrine Mackaness Junior, his heirs and assigns forever, one half of a tract of land, lying and being in Prince George County, aforesaid, called part of Stoke, containing and laid out for one hundred and five acres, more or less . . ." dated 22 April 1757. Signed, sealed and delivered in the presence of J. Hepburne, Richard Jameson, Peregrine Mackaness (his X).

    The back of which deed was thus endorsed: "Then came Peregrine Mackaness Senior, party to the within deed, and at the same time came Mary, the wife of Peregrine Mackaness Senior, who being by me privately examined apart from her husband and out of his hearing, confessed that she freely relinquished her claim and right of title and dower of the land and premises. Acknowledged before J. Hepburne, 22 April 1757. Received from Peregrine Mackaness Junior, five shillings and two pence sterling for an alienation fine on the within fifty two acres of land by order of the Hon'ble, the Lord Prop'try of Mary'd, J. Hepburne."

    magness origins
    tom magness Posted: 3 Nov 2006 7:39AM GMT

    i note some people have stated the Magness name is from Scotland,this probably is incorrect, as the Magness's who live in Scotland presently, arrived from england in the late 1800's.Professional geneologists state that the name originates in the middle ages in northern Germany/Norway at Schleswig_holstein atown on the present day border of the two countries and was made famous by st. Magnus.

    Hereford, England, has the most Magness's in the U.K. and i note that an Adolph Magnes settled there in the late 1600's, and most of the Magness clan may have descended from this line ( still has to be verified) Many of the Magness family migrated to America over the last two centuries, it appears they mostly came from England and Norway, again this requires further research, to substanciate the facts.

    The following from the research of Kelly Townsend,San Antonio, TX, Please contact Kelly if you require a source.

    The founder of the Magness family in North American is believed to be Peregrine Mackaness who was born about 1700 in the County of Lincoln on the northeast coast of England. The name Mackaness appears in the parish registers of that county in the late 1600's including some listing with the personal name Peregrine.

    The earliest mention of Peregrine Mackaness in North America is found in a trust deed dated February 1729 made to "Peregrine Mackaness, blacksmith, and Robert Perlee, carpenter, by Benjamin Loyd" to insure Loyd's bond as administrator of an estate. Later in September of the same year, Thomas Truman Greenfield conveyed to "Peregrine Magness of Prince George's County, blacksmith" a lease to 29 acres on the east side of the Patuxent River in the forks of Taylor's Creek, The lease was the remainder of a 99-year lease which began in 1677. His name is also found in the Maryland State Papers of 1733 on a tax list.

    A deed in the name of "Peregrine Mackaness, blacksmith, of Prince George County, Maryland, of the one part and Peregrine Mackaness Junior, plantor, of the said county, of the other part" reads as follows: "For and in consideration of the natural affection that he has and bears for his son, the said Peregrine Mackaness Junior, the said Peregrine Mackaness hath given, granted and confirmed and by those present doth hereby give, grant, alien and confirm unto the said Peregrine Mackaness Junior, his heirs and assigns forever, one half of a tract of land, lying and being in Prince George County, aforesaid, called part of Stoke, containing and laid out for one hundred and five acres, more or less . . ." dated 22 April 1757. Signed, sealed and delivered in the presence of J. Hepburne, Richard Jameson, Peregrine Mackaness (his X). The back of which deed was thus endorsed: "Then came Peregrine Mackaness Senior, party to the within deed, and at the same time came Mary, the wife o!
    f Peregrine Mackaness Senior, who being by me privately examined apart from her husband and out of his hearing, confessed that she freely relinquished her claim and right of title and dower of the land and premises. Acknowledged before J. Hepburne, 22 April 1757. Received from Peregrine Mackaness Junior, five shillings and two pence sterling for an alienation fine on the within fifty two acres of land by order of the Hon'ble, the Lord Prop'try of Mary'd, J. Hepburne."

    Genealogical curiosity..."Hennessee" and "Mackness" have the same Celtic meaning..."Son of Angus".

    20 Apr 2006:

    By the way, about the name "Peregrine". I'd be very surprised if its derivation is not the same as the word "peregrine" which means "traveling" or "migratory" - or in fact "pilgrim" which derives from the same latin root. "Peregrine" in "peregrine falcon" comes from the same root.

    24 Jul 2007:

    Surname: Mackness

    Recorded in many forms as shown below, this notable and long-established clan surname is both Irish and Scottish. It derives from the ancient Gaelic "Mac Naois", a short form of "MacAonghuis", meaning the son of Angus. This ancient name was borne by Aonghus Turimleach, one of three Irish brothers, who invaded Scotland in the 3rd Century B.C. It was also the given name of an 8th Century Pictish king, said to be the son of Daghda, the chief god of the Irish, who gave his name to the county (now part of Tayside) called Angus. Arguably the clan therefore originated in Irel;and but came ot prominence in Scotland, where the name is variously recorded as MacNish, MacNeish, Macknish, MacNess, Mackness, Mackerness and MacNeice, as well as all the short forms commencing 'Mc'. Early examples of recordings include John Dow MacNeische who witnessed a grantully charter in 1494, and Jonete Macknes, who was a tenant in Drumgy, Menteith, in 1495. The clan once possessed much of the upper part of Stratheam, Perthshire, until they lost it to the Macnabs in a battle fought in the year 1522. The famous Irish etymologist 'Maclysaght, claimed that the clan were a branch of Clan MacGregor, who were outlawed in 1608 for various acts of violence against the state and the neighbouring clans. This may be so, although the Scottish historian Black merely relates that two clan members Donald McNysche and Jon McNysche, followers of the earl of Cassilis were 'respited' for murder in 1526. Apparently not all the clan were so inclined as another recording shows that one James Mackneis was "a venerable and learned man, deserving well of the city" (Glasgow). The first recorded spelling of the family name is shown to be that of Gilmore Macnesche. This was dated 1376, in the Ancient Charters of the Earldom of Morton, during the reign of King Robert 11nd of Scotland, 1371 - 1390. Throughout the centuries, surnames in every country have continued to "develop" often leading to astonishing variants of the original spelling.

    Christened:
    Fosdyke is a village and civil parish in the Borough of Boston, Lincolnshire, England. It is situated approximately 7 miles (11 km) south from Boston, just off the A17, and 2 miles (3.2 km) east from the junction of the A17 with the A16.

    source: https://en.wikipedia.org/wiki/Fosdyke

    possibly christened at All Saints Church, Fosdyke ... http://lincoln.ourchurchweb.org.uk/fosdykeallsaints/about-us/page4/

    Peregrine married Mary (Miles) (~1720), (Prince George's County, Maryland). Mary was born (CIRCA 1700); died 1757-1764, (Prince George's County, Maryland). [Group Sheet]


  4. 173.  Mary (Miles) was born (CIRCA 1700); died 1757-1764, (Prince George's County, Maryland).

    Notes:

    8 May 2010

    Interesting tidbit re MILES genealogy...

    Board:
    Message Boards > Surnames > Mackness

    URL:
    http://boards.ancestry.co.uk/surnames.mackness/1/mb.ashx

    Subject: Peregrine Mackness/ Miles PG Co. MD
    Author: Susan Johanson djohanson@mindspring.com
    Date: 04 June 2001
    Classification:
    Surnames:


    Peregrine Mackness\Magness is listed as a next of kin on my ancestor Margaret Miles Lovejoy Nevitt's probate papers from her 1st husband John Lovejoy.

    Maryland Probate Records, Prerogative Court Abstracts 1738-1744

    John Lovejoy 27.266 PG 148.11.6 Pounds 10-16-1741 11-24-1742
    Appraisers: Thomas Blanford, John Younger
    Next of Kin: Peregreen Mackaness, William Miles, Jr.
    Administratrix: Margaret Lovejoy

    William Miles, Jr has to be Margaret's brother or father. I am descended from William Miles Nevitt, Sr. who was the only child of Margaret Miles second marriage to Richard Nevitt. Do you know the kinship between Margaret Miles and Peregrine Magness? Looking forward to hearing from you.
    Susan djohanson@mindspring.com

    Return To Message

    Birth:
    (Lincoln County, England or Prince George County, Maryland)

    Notes:

    Married:
    Map & History of Prince George's County ...http://bit.ly/VOUm5X

    Children:
    1. 86. Peregrine Magness, Jr. was born Abt 1722, (Prince George's County, Maryland); died Abt 1800, (Warren County, Kentucky).
    2. Samuel Mackness
    3. (John Mackness)
    4. (George Mackness)
    5. FNU Mackness

  5. 174.  James Naylor was born 0___ 1688, Charles County, Province of Maryland (son of George Naylor, The Immigrant and Elizabeth LNU); died 2 May 1769, Charles County, Province of Maryland.

    Other Events:

    • Probate: Prince George's County, Maryland
    • Also Known As: James Nailor

    James — Ann Jones. Ann (daughter of George Jones and Susannah LNU) was born 0___ 1690, (Charles County, Province of Maryland). [Group Sheet]


  6. 175.  Ann Jones was born 0___ 1690, (Charles County, Province of Maryland) (daughter of George Jones and Susannah LNU).
    Children:
    1. 87. Mary Naylor was born ~ 1725, (Prince George's County, Maryland); died Aft 1800.