Administration of the Estate of William Ballard of Spotsylvania County, Virginia (1822).

William Ballard EstateA few weeks ago, documents from the Spotsylvania County Chancery Causes published online by the Library of Virginia appeared in the Ballard Family History and Genealogy page in Facebook. With the pandemic resulting in more idle moments than anticipated, it seemed prudent to study the records and determine which family these documents describe.

In the case Administrator of William Ballard vs. James Ballard etc, Index No. 1823-005 (Original Case No. 16), we find a handful of documents that describes actions taken in 1822 by William Carter, the administrator of the estate of William Ballard of Spotsylvania County, Virginia.

In the worshipful, The Justices of the County Court of Spotsylvania in Chancery sitting – Humbly complaining your orator William Carter respectfully represents that a claim William Ballard departed this life intestate on or about the ____ day of _______ and that your orator administered upon his estate in full form of law in the sd. County court of Spotsylvania, that your orator as admin. has possessed himself of four negros belonging to the estate of the intestate whose names are Frank, Caroline, Elizabeth and Tener and also of a small tract of lease land of inconsiderable value, which negroes together with lease of ?? are subject to the distribution amongst the children of the intestate. That the intestate left the following children who are his heirs at law, to wit. James and Lewis Ballard who are about the age of 21 years. Betsy and Mary Ballard who are infants (to defend whose rights in this suit your orator prays that a guardian may be appointed by the court) and Sally who intermarried with Winslow Parker – that from the number and relative value of the negros aforesaid an equal allotment cannot be effected amongst the children afoursaid so entitled to distribution – and your orator believes that it would be highly detrimental to the interests of all concerned that the sd. Negros should be kept together for the purpose of cultivating the leased land afoursaid, he wishes therefore in order to just distribution of the sd. Negroes and lease, that a sale thereof may be desired by the court, and the proceeds of such sale, rather than the property itself, distributed amongst the children aforesaid. To which end he prays that the said James, Lewis, Betty & Mary Ballard, Winslow Parker and Sally his wife may be made parties to this bill and may be required to ensure the same – and to state whether they have any and if any, what objection to a sale of the negros and lease aforsaid for the purpose aforsaid.

The joint answer of James & Lewis Ballard, Winslow Parker and Sally his wife formerly Sally Parker on bill of complaint published against them in the county court of Spotsylvania in chancery by a certain William Carter admin of William Ballard dec’d. These respondents for answer to the sd. Bill saith that they are willing to a sale of the negros and lease mentioned in the plaintiff’s bill.

The joint answer of Betsy and Mary Ballard infant children of William Ballard dec’d by Charles Lewis their guardian appointed by the county court of Spotsylvania to defend them in this suit instituted against themselves and others in the sd. Court of chancery ??? thereof, by a certain William Carter admin. of William Ballard dec’d. These respondents for ??? to the plaintiff’s bill say that they have no objection to a sale of the negros and lease mentioned in the said bill – being infants they submit their rights to the court.

The second document in the file appears to be a draft of the more formal and dated third document, transcribed below.

At a court held for Spotsylvania county the 7th day of January 1822

William Carter administrator of William Ballard, dec’d, plaintiff, against James and Lewis Ballard, Winslow Parker and Sally his wife formerly Sally Ballard, Betsy and Mary Ballard infants under the age of 21 years by Charles Lewis their guardian ad litem appointed by the court, which said James, Lewis, Sally, Betsy and Mary, are children of William Ballard, dec’d, defts [defendants].

In Chancery

This cause came on this day to be heard upon the bill of the plaintiff, the joint answer of James and Lewis Ballard, Winslow Parker and Sally his wife – and the joint answer of the infant defts, Betsy and Mary Ballard by Charles Lewis their guardian appointed by the court to defend them in this cause, and was argued by counsel. Upon consideration whereof the court doth adjudge order and decree that the plaintiff William Carter sell by public auction upon a credit of 12 months the slaves and lease in the proceedings mentioned, taking bonds with approved security for the purchase money, payable to himself as admin. of William Ballard dec’d, and that he make report of his proceedings to this court in order to a final decree.

A copy Teste
R. L. Stevenson

A fourth document appears to conclude the matter.

Pursuant to the annexed decree, I did on the 11th day of January 1822, after having given three weeks notice in the Virginia Herald, expose to sale by public auction to the highest bidder the slaves & Lease therein referred to also all the personal effects of the late Wm. Ballard, as will appear by the act [account] of sales herewith returned – [account not included in the file].

William Carter, Admin. of Wm. Ballard, dec’d.
1st Augt. 1822

A guess from a first reading, given what is known of the family, was that the late William Ballard was a son of Benjamin Ballard, Sr (c.1725-1814), which proved to be correct. This is confirmed by another chancery record, James L. Leavell & Wife etc. vs. James Ballard, Index No 1841-055.  This case identifies these children as the heirs of William Ballard, the son of Benjamin Ballard. The suit was initiated by Nancy (Ballard) Leavell in order to obtain a “fair” division of 304 acres of land once owned by her father among his eight heirs (and if no longer living, their heirs per stirpes).  The relevant document is written in a cryptic script and is very difficult to read, so it is transcribed only in part below.

James L. Leavell & Nancy his wife, Jesse Wayt & Peggy his wife, James B. Lewis and John Montague adult heirs of Hannah Herring, dec’d, Charles Lewis & Mary his wife, Benjamin Ballard, James, Lewis, Winslow Parker & Sally his wife, Betsy & Mary, adult heirs of William Ballard, dec’d; Beverley, Thomas, Benjamin, Lucy & Mary, adult heirs of George Ballard, deceased; which said Nancy, Peggy, Hannah, Mary, Benjamin, William, George together with James (hereafter ??? defendant) are the devisees of the real estate of Benj. Ballard deceased respectfully ??? represents their ??? Ballard acct in Dec 1812 dividing up a tract of land ??? containing about 289 acres his will to bequeath the same (upon directing 25 acres given to his son Charles) to be equally divided amongst his children …

Searching Ancestry, we found a couple of census records for Winslow Parker and Sally Ballard.  The 1850 census found them residing in the Eastern District of Spotsylvania county, Virginia: Winslow Parker, age 60 (born c. 1790), Sally Parker, age 54 (born c. 1796) and their children Horace, Sarah, Ann and Frank.

We have not, however, been able to identify the name of William’s wife. Evidently she pre-deceased him, since she is not named in the 1821 administration of William Ballard’s estate, nor have we uncovered a marriage record.  Nothing was found in William Armstrong Crozier’s Virginia County Records: Spotsylvania County, 1721-1800 (New York: Fox, Duffield & Co., 1905; Reprinted: Baltimore: Genealogical Publishing Company, 1990).  Perhaps a search of the surviving Spotsylvania county land records created between 1800 and 1822 might provide an answer.


Great fears of the Sickenesses here in the City, it being said that two or three houses are already shut up. God preserve us all.

The Diary of Samuel Pepys, 30 April 1665

We’ve been here before, and survived these things before.

While trying to concentrate on getting on with life, I am drawn back to a small cluster of deaths among the Ballard family in Tidewater Virginia in 1719. If anything, revisiting them helps this compiler gain perspective, and derive a small measure of comfort in the fact that humans have experienced these things before, survived, and went on with the business of living.

Noah Webster’s A brief history of epidemic and pestilential diseases; with the principal phenomena of the physical world, which precede and accompany them, and observations deduced from the facts stated. : In two volumes (Hartford: Hudson & Goodwin, 1799), pp. 225-228) describes the circumstances of a plague that swept over Europe in 1719, and likely made its way to America.

In 1719 malignant fevers were prevalent in many parts of Europe, marking a pestilential principle of great extent. The winter of 1719-20 in America was very cold.
In these last years raged malignant pleurisy in Hartford, in Connecticut, with great mortality.

In March 1719 an immense meteor passed the heavens, illuminating the earth and bursting with a tremendous report. Its diameter was calculated by Dr. Halley at a mile and a half.

At this time the plague appeared in Aleppo, and carried off by report 80,000 people. Russel agrees that this disease came from the north, altho he has given us few particulars. It raged, as usual, for two or three years.

In 1718, 19, 20 and 21, says Dr. Rogers, the greater number of those who lived near the slaughter-houses at Cork, died.

In 1720 happened the last great plague in Marseilles, on which occasion has been published “Traité de la peste,” a treatise in quarto, by Chicoyneau, under the sanction of the French king, in which great efforts are made to prove the disease to have been imported from the Levant.

The proofs of importation stand thus. “Capt. Chataud left Said in Syria in January 1720, with a clean patent. The plague was not then in Said, tho it broke out soon after. On the passage, several persons died, and the physicians at Leghorn, where the ship stopped, pronounced their disease to be “a malignant pestilential fever.”

The ship arrived at Marseilles, and some persons who had concern with the goods, died in May. The suspected goods were subjected to fifteen days retreat and purification—they were forbid to be introduced into the city—the porters were shut up; but all regulations were fruitless. In June, deaths appeared in the city with distinctive marks of the plague.”

On such flimsey evidence do the sticklers for the sole propagation of the plague by infection, ground all their assertions respecting the disease at Marseilles!
But it happens in this case, as in most similar instances, that the pretended proofs of infection carry refutation in the very face of them.

In the first place, it is an acknowledged fact, that at the time the ship left Said, the plague had not appeared in that port, or town. It was at Aleppo and in other places far distant in 1719, but had not broke out in Said. How, in the name of reason, could men or goods be infected, when the disease did not exist in the place?

To overcome or rather to evade the force of this objection, the writers on the subject are compelled to resort to supposition. They say it is possible, the plague might have been in the place, tho not known or generally admitted. And here rests their whole argument!
It is true, that some of the seamen or passengers died on the passage, with a malignant pestilential fever. But in this case, the malady originated on board the ship—and the infection is not traced to the Levant ports. There is an end of the chain—the disease began without infection, on board the ship, as malignant fevers have done in thousands of other ships.

Again, it is admitted by Dr. Mead himself, p. 255, that from the time of the sailors’ death, after the ship arrived, it was full six weeks before the disease was known in the city of Marseilles; a circumstance that renders it nearly impossible that there could have been any propagation of the distemper by infection. To remove this objection, the advocates of infection again resort to supposition. They suppose it possible some latent seeds of the disease had been concealed in goods, or clothes—and such ridiculous suggestions are made the grounds of assertion.

But what completely refutes all these idle suppositions, is, that we have full evidence, that the plague in Marseilles was generated in the city, and gradually arose from milder diseases. In the beginning of the “Traitè de la peste,” it is stated from Mon. Didier and not denied, that “the preceding year 1719 was a barren year—the corn, the wine and the oil, were defective. The heat of spring was excessive and followed by great rains, with westerly winds—the fruits were bad. In this year a pestilential fever appeared in Marseilles, of which many died, and in some, appeared buboes, carbuncles and paroitides.”

Here we observe facts that always exist, before the plague, and which demonstrate the uniform operations of the laws of nature. The year 1718 began to exhibit malignant diseases in greater numbers than usual. In 1719 the plague broke out at Aleppo, and in the north and west of Europe, malignant fevers became in many places, epidemic and pestilential. In 1720, the pestilential state of the air, arrived at its crisis in Marseilles. The pestilence in Europe exhibited a regular progress, from ordinary typhus fever to the plague. A fatal small-pox and spotted fever prevailed in Piemont.

To demonstrate this fact, the reader will only turn to the bills of mortality in London, Amsterdam, Vienna, Dresden, &c. for the years under consideration, and observe every where the effects of a general unhealthy state of air, in the increase of the number of deaths.—The bills of mortality in Boston and Philadelphia also prove this state of air to have extended to this country; and the malignancy of it seems to have abated in America after 1721, in which year the small-pox was very mortal in Boston.

The accounts of diseases in America, at this period, are few and imperfect. Tradition has preserved the memory of desolating sickness, at various times and in various places, some of which, I suspect, refer to this period, but I am not able to ascertain the dates, with any certainty.* By accident however, I am able to determine positively the pestilential state of air in America in 1720. A genuine letter is extant, from Thomas Hacket of Duck Creek, now in the state of Delaware, dated April 10th 1720, in which he states that a mortality prevailed in that place, which exceeded that in London in 1665, and almost depopulated the village. I have seen the letter in possession of Dr. Rush.

So – while it may be coincidental, who might have succumbed to possible plague during this time?

We have three candidates: Francis Ballard, his nephews Matthew Ballard and William Ballard of York county all died in 1719 (in Francis’ case, in 1719/20, under the old Julian calendar); Francis and Matthew just days after writing their wills, and William dying intestate. The only contemporary account we have found is a report in the Boston News-Letter that in 1720 it was a “sickly” time in Virginia and that many persons were dying “of a Fever with a pain in their Side and Breast.” (Boston News-Letter, No. 830, March 7-14, 1720, cited by John Duffy, Epidemics in Colonial America (Baton Rouge: Louisiana State University Press, 1971) p. 190. There were no newspapers published at that time in Virginia; The Virginia Gazette did not begin publication until 1736.

Matthew Ballard (c.1685-1719), the eldest son of Thomas Ballard, Jr. of York county, Virginia, died between 13 May 1719, the date his will was written, and 18 May 1719, the date his will was entered into the York county, Virginia records. Matthew was survived by his son Matthew, who in turn died without issue in 1741.

William Ballard, a younger son of Thomas Ballard, Jr. of York county, Virginia, was a minor on 26 September 1706 when his father’s will was drafted; James Branch Cabell in his history of the Major and allied families simply notes that “he seems to have died unmarried.” (James Branch Cabell, The Majors and Their Marriages (Richmond: W.C. Hill Printing Co., 1915) p. 76). William Ballard died in York county before 21 September 1719, for on that date his brother “Robert Ballard came into Court and made oath that William Ballard departed this life without making any will so far as he knows or believes. Said Robert Ballard gave bond with Philip Lightfoot & John Gibbon his security and was appointed administrator of the Estate of the said William Ballard decd.” (21 September 1719. York Co. Va. Deeds, Orders, Wills Book 15, p. 485; p. 489. Inventory recorded, p. 505.) We know this William Ballard died without issue when his estate is presented in court by Thomas Vines, Edwd Baptist, Walter Butler and Robert Ballard, and consists solely of “a Negroe girle of about 19 years old which we value to 30 pd.” (17 December 1719.  Presented in Court 21 December 1719. York Co. Va. Deeds, Orders Wills, 1718-1720, p. 527. Note that William Ballard was devised two slaves in the will of his father, “negro Giles, Molatto Kate with her Increase” and ten pounds Sterling.). No provision was made for a wife or orphans.  Perhaps the absence of children is the reason no will was drafted.

Francis Ballard (c.1675-1719/20) of Elizabeth City county, Virginia, son of Thomas Ballard of James City County (1630-1690). Francis Ballard was dead after 10 March 1719/20, when his will was written in Elizabeth City county (some sources give a date of 12 March 1719/20) and recorded in Elizabeth City county on 16 March 1719/20. He was survived by two sons and four daughters.

Two lines died out, and a third prospered for several generations.  Such is life.

The Will of James Ballard, Sr of Albemarle County, Virginia (c. 1767-1853).

We haven’t seen this will published elsewhere.  In fact, several secondary sources fail to name him at all while giving accounts of his brothers and sisters.   With Rootsweb currently unavailable (as of this writing on 10 April 2018), we cannot check to see what, if anything, was published about him.  Research in the land records could give a fuller picture of his life, of course (if time ever allows), but in the meantime we will spend a few hours on the descent of his son Thomas, noted below in a Federal census record as living at a farm adjacent to James in 1850, and confirmed by being named in the will as living on adjoining land.

James Ballard, Sr, of Albemarle County, Virginia, was the son of Thomas Horace Ballard of Albemarle County, Virgina. He reportedly served in the Light Infantry from 1794 to 1802, and married 10 May 1790 in Albemarle County Ann Rodes (Rhodes), who was born 20 February 1775, died 25 September 1852. Ann Rhodes was the daughter of David Rhodes (died 1793) and Mary Mills (died 10 April 1781).1

James Ballard and his wife Ann were still living at the time of the 1850 US Federal Census, which listed James Ballard, age 83, and Ann Ballard, age 76. In the household were two females, Julia A. Day, age 40, and Julia N. Day, age 15. 1850 US Federal Census, Albemarle, Virginia, Roll M432_932, Page 216B, Image 437. James Ballard likely died about 1853, for the following year his son James Ballard, Jr of New York, New York, joined by his wife Sarah, sold his farm to Gabriel Maupin.

James Ballard left a will dated 23 February 1846 with a codicil dated 16 May 1851. It was presented for probate 7 February 1853.

In the name of God: Amen

I James Ballard of Albemarle County and state of Virginia. Being in usual health of body and of sound state of mind memory and understanding do make this my last will and testament in manner and form following. And at the same time declaiming ??? to be … of all former wills made by me.

Item 1st. After my just debts are paid I lend my wife Anna Ballard all my estate. Both real personal chattel etc of every kind & character during her life and at her death to be subject to the following conditions, viz.

Item 2nd. At the death of my wife I give my son James Ballard the site or tract of land upon which my dwelling house stands and deeded to me by Thos. Ballard dec’d containing one hundred and nineteen acres more or less.

Item 3rd. At the death of my [wife] I give my sons Garland & Thomas Ballard the balance of my tract of land which I now hold, known by the name of Jones Tract, adjoining the land of Thos. M. Douglass and others to be divided equally between them in quantity and quality. But the deciding line shall become between my land and my son Thomas dwelling house. My will and specially instruct (?) is that my son Garland shall have the side which contains my barn and that Thomas shall have the side upon which he now lives, with the privilege and ??? and listed right to use water at any and all times at pleasure and of my using family spring as long as he or any of his posterity may own said land.

Item 4th. At my wifes death, my will and special ancetions is that my daughter Salina Bohannon, Judith Ann Day, Frances E. Cleveland and my grandchildren viz. Eliza Ann, Sarah Ellen, and Mary Frances Oakes shall have such a portion of my estate as will make what they and their mothers had had equal in amount to Three hundred and fiteen dollars 25 cents, the sum I have charged against my daughter Mary Thompson, dec’d.

Item 5th. At the death of said wife Anna Ballard I will that all of my property and estate which I have not specifically willed or given away shall be sold to the highest bidder and the proceeds of such sale equally divided amongst my children and grandchildren namely, Garland, Thomas, Selina Bohannon, Judith Ann Day, James & Frances E. Cleveland my children. Eliza Ann Sarah H. & Mary F. Oaks children of my daughter Sophia Oaks dec’d. John, James, Mary Ann, William and Nicholas Thompson, my grandchildren, with the following conditions, viz: I wish it to be specially understood that my three grandchildren named Oaks and the five named Thompson all of whom are named above shall have such a part or portion of my estate as would have fallen to their mothers were they living and each mothers part to be equally divided amongst her children, and be given to them and shall ???; I have given my son David Ballard and daughter Susan Shelton as much as I feel able to give them consequently I give them nothing by this will.

Item 6. My will & special desire is that my exector or executors to this my will shall hold in his or her hands the legacies of those of my grandchildren named above who may be single and under the age of twenty one until they marry or arrive to the age of twenty one years. At which time they (my exors) shall pay such their legacy or legacies with legal interest whereupon from the time he or they have had it in possession by the authority of this will.

Item 7. It is my will and wish that my daughter Judith Ann Day shall live her mother until she marry or during the life of her mother.

Item 8. My will is that the buildings upon the lands given to Garland & Thomas Ballard by me shall not be valued to them with the land, but the lands shall be valued and divided as though there were no buildings upon either.

Lastly I constitute and appoint my son Thomas Ballard and my son in law Porter Cleveland or either of them executor or executors to this my last will and testament in witness whereof I hereunto affix my hand and seal this 23rd day of February Eighteen hundred and forty six.

James Ballard {Seal}

Signed, sealed a& acknowledged in the presence of Ed. I. Thompson, Wm. Mallory, Nathaniel Thompson Jr.


I James Ballard do add the following codicil to my will above written and assigned and dated 23rd Feby 1846. Viz. All the property given by me to my son Garland Ballard in the above named will I do now revoke: and I give him nothing in his ??? and ???. But I lend to my son Garland Ballard all the property named and specified in my above named will in trust for the benefit of his children namely Alex’r B. Helen [somewhat illegible] & Mary E. Bennett & Wm. H. Ballard. My said son Garland Ballard is by this my last will & testament fully authorized to sell any part or the whole of the property lent him in trust by me: and invest the proceeds therefrom in such property or properties as he may think best for the benefit of his aforesaid children; and the amount of property arising therefrom to be applied annually to the support of his children above named. The property is to be kept so together during the life term of my said son Garland; and at his death to be equally divided amongst his above named children. No security is to be required of said son for carrying into execution this trust fund. Given under my hands and seal this 16th day of May 1851.

James Ballard {Seal}

Signed in the presence of Ed. J. Thompson, Nicholas Thompson, Julia N. Day

At a court held for Albemarle County the 7th Feby 1853.

The instrument of writing purporting to be the last will and testament of James Ballard dec’d was offered for proof by the exor therein named Thereupon Thomas L. Shelton and Nelson Foster appeared and expressed the same.

And at a court held for said county the 8th March 1853 – This day came the??? By their attorneys, whereupon on hearing it is conceded by the court that the said writing be recorded as the last will and testament of the said James Ballard, dec’d.

Recorded Albemarle County, Virginia Will Books, Vol. 22-23, 1852-1856, pp. 122-124.

James Ballard and Ann Rodes had issue:

GARLAND, married (1) 5 May 1818 Eliza Burt; married (2) 2 November 1826 Georgianna Blair.

JAMES, married Sarah __________.

Thomas. This is most likely the Thomas Ballard and his family residing in the farm adjacent to James Ballard, Sr in the 1850 Census, which enumerated Thomas Ballard, age 45 (born c. 1805); Lucy Ballard, age 40; Ann E. Ballard, age 18; George Ballard, age 16; James Ballard, age 12; Thomas E. Ballard, age 3; and Eliza A. Duke, age 30. 1850 US Federal Census, Albemarle, Virginia, Roll M432_932, Page 216B, Image 437.

DAVID, married Elizabeth __________.

Susan, married Thomas L. Shelton.

Selina, married Thomas Bohanan.

Judith, married Nimrod Day.

Frances, married Porter Cleveland.

Sophia, married Hudson Oakes, died before 1846.  Issue: 1. Eliza Ann Oakes; 2. Sarah H. Oakes; 3. Mary F. Oaks.

Mary, married William Thompson.  Issue: 1. John Thompson; 2. James; 3. Mary Ann Thompson; 4. William Thompson; 5. Nicholas Thompson.

1. “The Rodes Family,” Virginia Magazine of History and Biography, Vol. 7, No. 1 (July 1899) pp. 84-85. Virginia, Marriages, 1740-1850 (Ancestry database).

The Will of Elizabeth Ballard of Norfolk, Virginia (1785).

We have, of late, turned our attention to the problem of Reuben Ballard (c. 1748-1820) and his wife Apsilla, whose ancestry and origins remain a mystery.  Apsilla is believed by many researchers to be the daughter of Abraham Ballard of Perquimans County, North Carolina.  She may be, but we have not seen any proof — but that is a matter to explore in another post.

In the course of re-visiting our incomplete research of the various Ballards that settled in Southeast Virginia and that part of Virginia that landed in North Carolina with the boundary adjustment of 1728, we stumbled across the following will, written by an Elizabeth Ballard of Norfolk, Virginia and preserved among Norfolk, Virginia Original Wills, Vol. 1, 1774-1779.

In the name of God amen I Elizabeth Ballard of the County of Norfolk in the State of Virginia being of sound mind and memory do make this my last Will & Testament in manner & form following, that is to say –

I desire that all my just debts be first paid then it is my desire that what worldly goods I possess may be disposed as followeth.

Imprimis, I give to my granddaughter Elizabeth Andrews the negro Girl Hannah that that has for some years lived with her, with the whole of the increase of said Hannah.

Item, I give to my granddaughter Ann Ballard my Negro girl Betty.

Item I give to my granddaughter Catharine Boush my young wench Grace Sister to Betty.

Item I give to my granddaughter Elizabeth Hutchings & Catharine Hutchings three Certificates for money I put into the Treasury amounting to Five hundred & four pounds or thereabouts.

Item I give to my son William Ballard a Bond signed by Mordecai Booth, Francis Whiting & James Paisley the said Bond being the same on which a suit was brought in the General Court some years past.

I likewise give to my said son William Ballard my Negro Boy Joe son of Frankey.

I give my largest truck to my granddaughter Elizabeth Hutchings.

I give my chest of drawers to my granddaughter Catharine Hutchings.

I further give to my said son William Ballard my bed which I lie on.

Signed with my seal & dated this eight day of July One thousand seven hundred & eighty-five.

— Elizabeth Ballard

Sealed & signed in presence of: Travis Tucker, John L[illegible]


Eliz. Ballard
Sept 6, 1787 proved
Sept Court 1787
admin granted

Recorded and (?)
Jno. Bousch cnc (perhaps “Clerk Norfolk Court”?)

This Elizabeth Ballard is none other than Elizabeth Gibbons, the widow of John Ballard of Yorktown, Virginia (1700-1745). This is clear from the family relationships she outlines in her bequests, namely:

  • Granddaughter Elizabeth Andrews – Elizabeth was the daughter of Elizabeth Gibbon’s son Robert Ballard of Princess Anne County, Virginia (1733-1770) and his wife Anne Newton. Elizabeth married Reverend Robert Andrews of York County.
  • Granddaughter Ann Ballard, most likely Elizabeth’s sister Ann, about who we know very little and who likely never married.
  • Granddaughter Catherine Bousch – Catherine was another daughter of Robert Ballard, who married Robert Boush.
  • Granddaughters Elizabeth Hutchings and Catherine Hutchings – These are children of Elizabeth’s daughter Ann, who married (1) ________ Ramsey and (2) John Hutchings.
  • Son William Ballard – We know his brothers predeceased him: Thomas — lost at sea in 1747; John — while his death is not documented anywhere that we can find, we know from the York County land records that his younger brother Robert came into possession of the real property devised to him in the will of their father, which means John had no heirs to claim it; and Robert, who removed to Princess Anne county and died there in 1770, leaving William the sole surviving male in this family.

Note that there is no mention of Robert’s daughter Margaret, who must have been dead by 1785.  For details on all of the above, please see John Ballard of Yorktown, Virginia (1700-1745) and Robert Ballard of Princess Anne County, Virginia (1733-1770).

And what became of William?

We know from assorted land records in York County that William had removed to Norfolk and that his mother Elizabeth joined him there.  Tax records identify a single William Ballard residing in Norfolk at the time, and a newspaper notice published in the Norfolk Gazette and Public Ledger (p. 2, Col. 4) on 20 March 1812 announced: “Died – Yesterday  morning, Mr. William Ballard, in the 69th year of his age, many years since a Merchant of this place.” That age puts the year of his birth as 1743, which is the year recorded in the John Ballard Family Bible.

Could William have had children not named in Elizabeth’s will? We have not come across a marriage record for him, nor evidence of children. More study is needed on that point, though truthfully this researcher is inclined to think that William is the last male of this particular branch of the descendants of Thomas Ballard of James City County, Virginia (1630-1690).

The Ancestry of Lewis Francis Ballard of Copiah County, Mississippi (1761-1833).

One would think that all of the men documented among Revolutionary War Pension records would be proudly traced, but in a few cases the male line died out, or perhaps they were overlooked because of confusion arising from something as simple as using a different name.

Apparently that is the case with the pension record of one Francis Ballard, whose pension record states that he was born January 1761 and served three enlistments as a private in the American Revolution, and ultimately removed to Copiah county, Mississippi, in 1803 and died there 30 October 1833. The Pension Application states that when he was a child, he moved to Edgecombe County, North Carolina in that part that later became Nash County. In June 1777 he enlisted and served three months as a substitute for his brother, William Ballard, as a private in Captain Solomon Carpenter’s company, Colonel Axom’s North Carolina regiment

About a year after the termination of this service, he enlisted and served for more than two months, dates and officers’ names not given. He enlisted in March 1781, and served three months under Colonel Linton in the North Carolina troops and was in the battle of Guilford Court House. Some five or six years after the Revolution, he moved to Pensacola, Florida, c. 1788; lived there about ten years, then moved to Adams County, Mississippi and after that to Copiah County, Mississippi, where he had lived for five years when pension was allowed on his application executed June 24, 1833. The Mississippi land had been previously cultivated by Robert Holloway in 1801 .21  (The Natchez Court Records 1767-1805, Abstract of Early Records, Vol II.   Mississippi Territory (Adams County) Land Claim #1234 (26 Mar 1804); Mississippi Territory (Adams County) Certificate D-154 issued 16 Dec 1806).  His Revolutionary War Pension and Bounty Land Warrant Application Files (Soldier S65533) are preserved in the National Archives, and is transcribed below.

In 2004 researcher DeeDee Debenedetto pointed out that in the 1830 census, a single Ballard resided in Copiah County, Mississippi — Lewis F. Ballard, and reached the conclusion (with which we concur, as have several other researchers) that his middle name was Francis.  The name recurs in later generations, most notably his likely son, Lewis F. Ballard, who in 1850 was living in Smith County, Texas.  In that enumeration we learn that Lewis F. Ballard was born c. 1792 in Florida; his wife Mary, 1813 in South Carolina, and that all of their children were born in Mississippi: Susan C., age 22; Lewis F., age 20; James M., age 16; and Charles C., age 14.  1850 US Federal Census.

We found records related to Charles C. Ballard, but our interest lies not in bringing these lines to the present, but in pushing them back to their origins in Colonial Virginia.

His pension application states with specificity that he was born 7 miles from Petersburg; this places the family in either Dinwiddie, Prince George or Chesterfield Counties.  Dinwiddie is home to Bath Parish, where the rector was Devereaux Jarratt (1733-1801).  The name Devereaux occurs in the family of William Ballard of Halifax County, North Carolina (c.1710-1775) who named a son Devereaux; its believed the name came into the family from William’s marriage to Elizabeth Clopton, whose mother was Mary Jarratt of New Kent County.  It is not clear what degree of relation exists between Devereaux Jarratt and Elizabeth Clopton, if any.

The pension record also mentions his brother William, and residency in North Carolina in Edgecombe Count from c. 1765 to 1777, when Nash County was cut from the county.  What do the land records show?  Most of these transactions are deeds; exceptions are noted.

Edgecombe County Deed Books

The deed index for Edgecombe County shows the following transactions:

1763 – George Sellers al to Edward Ballard, recorded Book C, p. 61.

1767 – Arthur Taylor to Edward Ballard, recorded Book OO, p. 233.

1767 – Arthur Taylor to Edward Ballard, recorded Book C, p. 447.

1774 – Duncan Lamon to Edward Ballard, recorded Book 2, p. 59.

1788 – Alexander Cromwell’s Heirs to Benjamin and Sarah Ballard (release), recorded Book 4, p. 732.

1799 – Wyatt and Salley Ballard to Michael George, recorded Book 9, p. 278.

1800 – Joseph Morgan to Benjamin Ballard, recorded Book 9, p. 389.

1800 – Wyatt and Salley Ballard to Michael George (acknowledgement), recorded Book 9, p. 441.

1804 – Wyatt and Sallie Ballard to Thomas Wiggins, recorded Book 11, p. 162.

1807 – Bengerman Ballard to William Billips, recorded Book 12, p. 222.

1809 – Benjamin Ballard “Est by Shf” (Estate by Sheriff?) to Gray Little, recorded Book 13, p. 157.

1811 – Kinchen Evertt to John Ballard, recorded Book 14, p. 32.

1815 – John Ballard to Kinchen Everitt, recorded Book 15, p. 312.

Nash County Deed Books

The deed index for Nash County has the following transactions:

Grantor Index:

1787 – William M. Ballard to William Poulan, Book 1, p. 326.

1787 – Christopher Ballard to Jacob Joiner, Book 1, p. 353.

1788 – Christopher Ballard to Joseph Joiner, Book 1, p. 370.

1787 – William Ballard to Allen Baker, Book 1, p. 383.

1785 – William Ballard to William Powlan, Book 3, p. 305.

1791 – Christopher Ballard to William Ballard, Book 5, p. 51.

1792 – William Ballard to Cornelius Joiner, Book 4, p. 128.

1792 – Peter Ballard to Nathan Joiner, Book 4, p. 143.

1798 – William Ballard to Uriah Hatcher, Book 6, p. 300.

1799 – William Ballard to John Bone, Book 6, p. 397.

1799 – Peter Ballard to Amos Hatcher, Book 6, p. 425.

1817 – Edward Ballard to William Lindsey, Book 7, p. 405.

1815 – Edward Ballard, Sr to William Ballard, Book 9, p. 171.

1816 – William Ballard “Est by Exr” to John Vick, Book 9, p 269.

1786 – David Ballard to Henry Barler, Book 3, p. 444.

Grantee Index:

1780 – Joseph Lindsey to David Ballard, Book 1, p. 129.

1785 – William Whiddon to Peter Ballard, Book 1, p. 151.

1785 – Henry Barlow to Peter Ballard, Book 1, p. 156.

1782 – James Baker to Christopher Ballard, Book 1, p. 190.

1782 – Henry Atkins to Christopher Ballard, Book 1, p. 221.

1785 – State of NC to Christopher Ballard, Book 3, p. 134.

1791 – Christopher Ballard to William Ballard, Book 4, p. 51.

1792 – Jacob Brantley to Peter Ballard, Book 4, p. 153.

[no date] – William Sellard to Peter Ballard, Book 5, p. 116.

1815 – Edward Ballard, Sr to William Ballard, Book 9, p. 171.

We find the following abstracts online on a page dedicated to research of the Brantley family:

DB 1-156 – Henry Barlow of Nash Co to Peter Ballard of same, Feb 17 1785, for 6- pds specie a tract of 90 acres on the S side of Saphony Creek adjoining John Brantley. Edward Ballard, and Benjamin Smith. Wit: Wilson Vick and Amos Gandy.

DB 4-153 – Jacob Brantly of Nash Co to Peter Ballard of same, Aug 12, 1791, for 200 pds. two tracts of land: (1) 112 1/2 acres on the south side of Saphony Creek along a dividing line made by John Brantly between his sons, Jacob and Matthew Brantly, it being a tract bequeathed to the said Jacob Brantly by his father; (2) 240 acres adjoining Edward Ballard, Matthew Brantly, Joseph Seley, Wm Sellers, and Peter Ballard, it being a tract granted to said Jacob Brantly by the state on Oct 25, 1782. Wit: William Linsey and Edward Ballard. (Doc on File)

DB 4-114 – State of NC grant to Jacob Brantley by Gov Alex Martin, Oct 25 1782, a tract of 240 acres on Sapony Creek adjoining Edward Ballard, Matthew Brantley, Joseph Seley and Wm Sellers.

DB 6-208 – Asa Brantley of Nash Co. to William Poulan of same. Dec. 31, 1796, for 39 pds. a tract of 150 acres on the north side of Jacobs Swamp adjoining said Brantley and Poulan. Wit William Ballard and Curtis Joyner.

DB 6-316 – Wm Lindsey of Nash Co to Nathan Joyner of same, Sep 29, 1797 fro 50 pds a tract of 200 acres on the north side of tar River adjoining John Brantley, John Bone, Wm Ballard, Christopher Taylor, and Arthur Sellers. Wit: Wm Ballard and Jordan Williams

Nash County Deed Book E, page 355 (34) Christopher Ballard of Nash County, NC to Jacob Joiner of same 16 Sept 1786 for 100 pounds current monety of said State one certain tract of land and plantation on South side of Sapony Creek, begining at Ben Smith’s corner a hickory tree, running along his line West 140 pole to a poplar John Joiner’s Corner, thence Joiner’s line up a small branch South 30 degree East 152 pole to a pine in Thomas Kersey’s line, thence along his line North 38 pole to Simmon tree, thence Kersey’s other line East 115 pole to a pine near Samuel Bottoms’ corner, thence Bottoms’ line 88 pole to a black oak, thence West to the begining, containing 223 acres more or less. Christopher Ballard. Wit: Jesse Joiner, John Joiner.  February Term 1787, Wm Hall, CC

The first Ballard to appear in Edgecombe County records, and later in Nash County records, is an Edward Ballard, who acquired 650 acres in Edgecombe County from George Sellars and his wife Fatha Sellors by deed dated 20 February 1763, for £30 Virginia money.  The land was “on the north side of Tar River, just above the Long Branch and near Poplar Branch adjoining an old line made for Arthur Taylor, Jacob Braswell, and the Jacobs Swamp, it being a Granville grant to Jacob Braswell bearing date Dec. 6, 1760.”  Witnesses: Arthur Taylor James Ferguson.

According to Frederick Holmes Cron, Distant Voices as Heard From The Water’s Edge (Wyandotte, OK: Gregarth Publishing Co., 1999), he married Sarah _______ [no source given] and died prior to 11 July 1767.  They had a son, Edward, born before 1755, who died c. 1819.  Edward married Ann _________, who died before 1795.  Ann is believed to have died c. 1795 because of a series of Guardian Bonds in the records.  As Mr. Cron notes,


Original guardian bonds are not a rarity. A guardian was appointed to the several children in a family when their father had deceased, whose function was to look after the proportionate share of the estate of each child. This did not always happen. Many times in the petitions of Nash County there were references to children of deceased fathers who were without guardians. Also, when the mother died, there were few cases of guardians being appointed for, at that time, the property of a wife became that of her husband. In some cases a father was appointed guardian to his own children, usually because of a legacy from a grandparent or other relative.

Guardian bonds were required by law to be renewed every year. This matter was often overlooked. Also, a return of the account of the property of the orphan was filed every year for court approval. Many guardian returns were not made every year, as the law required, but sometimes covered a period of two or more years. This often happened when the child became an orphan at an early age and the guardianship was extended over a long period of time.

There were many instances of changes of guardians. In the majority of cases, this was caused by the death of the guardian. Another frequent reason was the coming of age of one of the male children, who took over this responsibility for his brothers and sisters.

The importance of this listing is with regard to Edward “Neddie” Ballard the close friend of John “Jack” Bone.

Ballard, Billy, son of Edward Ballard. Bond May 12, 1795 by his father, Edward Ballard, gdn.

Ballard, Edward, son of Edward Ballard. Bond May 12, 1795 by his father, Edward Ballard, gdn.

Ballard, Mourning, daughter of Edward Ballard. Bond May 12, 1795 by her father, Edward Ballard, gdn.

Ballard, Nanny, daughter of Edward Ballard. Bond May 12, 1795 by her father, Edward Ballard, gdn.

Ballard, Polly, daughter of Edward Ballard Bond May 12, 1795 by her father, Edward Ballard, gdn.

Mr. Cron continues with an interesting observation regarding Edward Ballard, the third of the name in Nash County:

I believe Edward Ballard (III) had considered and had chosen to leave North Carolina at least as early as April 10, 1812, for on that date he had obtained $300 in lieu of his intended inheritance of 150 acres from his father, Edward Ballard (II).

This indenture made this the tenth day of April in the year of our Lord one thousand eight hundred and twelve between Edward Ballard Sr. of the County of Nash and State of North Carolina of the one part and William Ballard of the County and State aforesaid of the other part witnesseth that the said Edward Ballard for the in consideration of three hundred dollars to his son Edward Ballard in hand paid before the signing sealing or delivering of these presents doth give grant and convey to the foresaid William Ballard the track of land that he intended by a will to give to his son Edward Ballard which gift of land to him and his heirs is forever void and nul and I theafore sd Edward Ballard sn doth give grant and convey to the aforesd William Ballard the same tract and parcel of land lying and being in the county and state aforesaid and bounded as followeth to wit beginning at the Reedy Branch on Jepe Joiners line thence east along sd line to a pine corner in sd Joiners line thence] a south cource to a comer oak Curtis Joiners John Bakers comer thence west to the 4 sd Reedy Branch thence down the manders of said branch to the first begining containing by estemation one hundred and fifty acres be there the same more or less to have and to hold all and singularly the above granted premises to him the sd William Ballard his heirs executor administrators and assigns forever free from all manner of incumberences whatsoever and 1 the 4 sd Edward Ballard Sr. for myself my heirs executors administrators or assigns for ever warrant the write and title of sd land and premeses to him the 4 sd William Ballard his heris and assigns forever in witness where unto I have set my hand and seal the day and year first above written.

Signed and Sealed and Delivered in Presents his of us Edward X Ballard (Seal) (His Mark)

Witnesses: William Lindsey, Pollev X Ballard (Her Mark)

Nash County, February Session 1815.  The foregoing deed was proven in open court by the oath of William Lindsey and on motion ordered to be registered. Wm Hall CCC and is registered.  Recorded Nash Co. N.C. Deed Book 9, p. 171.

Edward Ballard left a will dated 22 October 1819, which is found among a number of unrecorded wills, though account records were entered May Term 1822.  The sale was conducted by his executor Nelson Bone on 9 June 1820.

In the name of God amen I Edward Ballard of Nash County and State of North Carolina being weak in body but of perfect mind and desposing memory blesses be God do this twenty second day of October in the year of our Lord one thousand eight hundred and nineteen make and publish this my last will and testament in form and manner following that is to say I give my soul to almighty God that auther of it and my body to be buried at the discission of my exector hereafter named.

Item – My will and desire is that all my worldly goods should be desposed of in form and manner following

Item -I give to my beloved daughter Charity Lindsey five shillings to her and her heirs for ever

Item -I give and bequeath to my beloved duaghter Patsey Van Landanham five shillings to her and her heris forever.

Item -I give and bequeath to my beloved daughter Nancy Tucker one feather bed and furniture and some money to her and her heirs forever.

Item -I give and bequeath to my beloved daughter Mournin Bone three feather beds and furniture and all the other part of my property that I bring here to Nelson Bones.

Item -I give and bequeath to my beloved grand daughter Pheriba Ballard four hundred dollars which is due me in notes but not to be on interest until after my death to her and her heirs forever lawfully begotton of her body if any and if none it is to return and be equally divided between my lawfull heirs.

Item -I give to my beloved son Edward Ballard five shillings to him and his heirs forever.

Item -I give and bequeath to my two beloved daughters namely Nancy Tucker and Mournin Bone one hundred dollars in money to be equally divided between them and to them and their heirs forever.

And I do hereby constitute and appoint my tru friend Nelson Bone exeter to this my last will and testament in witness where of I have here unto set mv hand and seal the day and year above written.

Signed and Acknowledged his in presents of Edward  Ballard (Seal)

Witnesses: Sen Fischel, Wm Cooper

Edward Ballard and Ann _________ had issue (what follows is information provided by Mr. Cron and not yet corroborated):

Nancy, born c. 1770-1780, died after 1840 in Wilkinson County, Georgia; married Barna Tucker.

Martha (“Patsey”), born 1779, died August 1860n Cairo, Decatur (now Grady Co., Georgia).  Married c. 1793 Peter VanLandingham, who was born April 1765, died 2 January 1832, Decatur (now Grady Co., Georgia).

Mourning, born  1784, died 1823; married  c. 1813 Nelson Bone, who was born c. 1782, died July 1866.

William (“Billy”), born  c. 1784-1790, died 6 January 1815; married 16 January 1813 Chasity “Anna” Babb.

Edward, born  c. 1790-95, married 5 June 1830 in Decatur (now Grady Co., Georgia)  Jinsev W. Bowen.

Charity “Polly”, born c. 1794, died before 27 February 1829; married  William Lindsev, who died 16 February 1817.

Edward’s son William left a will dated 23 September 1814, immediately prior to enlisting in the North Carolina Militia.  William Ballard served in the War of 1812 with Co. B., Capt. Isaac Watkins Company, First Regiment North Carolina detached militia. He enlisted on 24 September 1814 for a period of six months. He was enlisted as a private at the pay of $8/month.

In The Name of God Amen I William Ballard of Nash County in the State of North Carolina being weak in body but of sound and desposing memory do make this my last will and testament in manner and form following viz I recommend by soul into the hands of Almighty God that gave it my body to be buried al the discretion of my executors here after to be appointed.

Item -I gave and bequeath unto my wife Anna Ballard one feather bed and furniture one cow and calf one saddle one chest one wollen wheel all my kitchen furniture and as much pcrvision as will support her and the child one year.

Item – My desire is that the land I bought of my brother be sold and all the remainds of my property and my just debts be paid.

Item -1 give and bequeath unto my daughter Pheraby the money the [w]hole of my property brings after paying my just debts.

I do hereby constitute and appoint my friend Elijah Atkinson executor to this my last will and testament.

Signed Seald(sic) and Acknowledged this the 23 day of September in the year of our Lord God one thousand eight hundred and foreteen.  William Ballard (Seal) (his mark)

In presents of her Fanny X Babb

His son William Edward Ballard is not mentioned in the will, but appears in subsequent guardian records; presumably his wife Anna was with child but not known to him when the will was written.  Anna died c. 1815 (perhaps in childbirth) and William Lindsey, the husband of William’s sister Charity was named guardian in 1817; on Lindsey’s death in 1817, the next guardian was John Babb, Anna Babb Ballard’s brother.

Ballard, Phereba “Fcrrcba” Jane Thomas. Bond 1817 by William Lindsev. gdn Bonds 1824-27, returns 1825-26-27-28-29 by Nelson Bone, gdn Received legacy from estate of Edward Ballard

Ballard, William Edward Bond 1817 by William Lindsey, gdn.

In conformity to an order of Nash County Court Nov term 1817 to us the under signees directed for the purpose of settling the accounts of Richard Holland Esquire, executor of William Lindsey, deceased who was former guardian to Phiriby J. T. Ballard and Wm. E. Ballard, orphans of William Ballard deceased with John Babb present guardian to the said orphans, and on a due examination made we find that the Richard Holland Esquire as executor of Wm. Lindsey deceased ows to the said John Babb the present guardian to the said orphans of William Ballard deceased, the sum of four hundred and sixty-six dollars and sixteen cents given under our hand and seals this 13th day of November AD 1817.

D. W. Ricks (Seal) Jepe Joiner (Seal) Jo Wbell (Seal)

Mr. Cron further notes that William Lindsey became guardian to Phiriby Jane Thomas Ballard as well as her brother William E. Ballard, until Lindsey died prior to 16 February 1817.  John Babb was their guardian on 13 November 1817.

Recall that Pheriba was the devisee of $400 from her grandfather Edward Ballard in his will of 22 October 22 1819. Pheriba was not of legal age, being born after 1813, since her parents William Ballard and Anna Babb were not married until 16 January 1813.

Nelson Bone, husband of Edward’s daughter Mourning, was appointed executor of Edward Ballard’s estate, and later guardian for Phereby in 1825.

Phereby Ballard died prior to 27 February 1829 in Henry County, West Tennessee.  Edward’s will recited that  if she did not have heirs “lawfully begotton of her body if any and if none it is to return and be equally divided between my law full heirs,” which is what occurred.

On 27 February 1829 there was a division ($140.22) between the children of Charity Ballard Lindsey and William Lindsey (deceased): 1. John Wesley Lindsey, born 16 February 1817;  2. Asbury Lindsey;  3. Jerusha Lindsey; 4. John Wesley Lindsey for his brother Edward Buxton Lindsey; 5. Betsey Lindsey; 6. Polly Lindsey,”to Hudson Finch in right of his wife Polly Lindsey and $104.20.”

On 16 November 1829 there was a further division between Peter Van Landenham ($125.78) husband of Martha Ballard, and Barna Tucker ($125.78) husband of Nancy Ballard. Also Nelson Bone the husband of Mourning Ballard received the fifth share.

Given that Francis was born January 1761, the most reasonable assumption, given that (1) Francis’ family moved to that part of Edgecombe County what became Nash County when he was a child; and (2) Edward Ballard was the first of the name who purchased land in Edgecombe County in the part of Edgecombe that became Nash County in 1777, it stands to reason that Lewis Francis Ballard who ultimately removed to Copiah, Mississippi was a son of the Edward Ballard who purchased land in Edgecombe in 1763, and had two additional sons: William and Edward (and possible unknown daughters).

Which begs the question of the whereabouts of his brother William, for whom he substituted in the war.  Substitutes in the Revolutionary War were usually accepted in place of draftees whose service at home was deemed too valuable for the household to lose; its likely William was most likely the eldest son and was overseeing the family farm after their father’s death, so Lewis Francis entered service in his place.

Until we have access to the early records of Nash County and Edgecombe County, we are limited to making educated guesses about these family relationships.  We’ve enquired of professional genealogists but have not yet found one that works in those counties.

The name “Lewis” also points to possible connections to William Ballard of Orange County, North Carolina (c. 1734-c. 1819), who named a son Lewis, and possibly the Lewis Ballard mentioned in the 19 February 1759 will of William Eaton recorded in Lincoln County, North Carolina; Eaton owned land in Dinwiddie County, where Francis Ballard was probably born. Hopefully an examination of the early records of these two counties will help us tease out the relationships among the Ballards living in Nash County in the last quarter of the Eighteenth Century that appear in the land records cited in the indexes above — namely William, Christopher, Peter, Wyatt and Benjamin.


Revolutionary War Pension Application of Francis Ballard

S6553 fn17NC, Transcribed by Will Graves

State of Mississippi, Copiah County

On the 24th day of June 1833 personally appeared in open Court before the Probate Court now sitting in and for the County and in the State aforesaid, Francis Ballard aged about 75 years a resident of said County and State, who being first duly sworn according to law, doth on his oath make the following declaration in order to obtain the benefit of the act of Congress passed June 7th 1832.

That he was born in Virginia about 7 miles from Petersburg in January 1761 and removed while a child to North Carolina to the County of Edgecombe and to that part afterwards called Nash County from which place he entered the service of the United States as a substitute for his brother William Ballard who was a drafted militia soldier about June in the year 1777 and marched with his company commanded by Captain Solomon Carpenter up the Cape Fear River, crossed over the Yadkin and proceeded some 20 miles on the other side in pursuit of the enemy without overtaking them, when they returned, recrossed the Yadkin and encamped near its banks until the expiration of his term of service which was three months. During this term of service Col. Axom [sic, Benjamin Exum ?] commanded the Regiment in which he served and there was also a body of troops in company with them he believes from Virginia commanded by one Colonel Sowell [sic, Benjamin Seawell or Sowell of NC?]. He also recollects a Captain Richards who commanded a company in the Regiment to which he belonged, but the names of the other officers and of the particular places through which they marched have gone from his memory and he cannot recall them.

He was drafted as a private soldier about the year after the term of service above specified, for three months and served in the vicinity of Rocky River more than two months but was discharged a short period before his term of service expired but he was in no engagement nor can he recollect the names of the officers with whom he at this time served, or any places in particular through which they marched [several words of text obliterated] feels confident that he was out on service at the least two months.

He was a third time drafted in March of the year 1781 as a private soldier for the term of three months and rendezvoused at Halifax on the Roanoke River, and from thence he marched with the Regiment under the command of Col. Linton and joined the regular Army under the command of General Green [sic, Nathanael Greene] and proceeded to Guilford Court House where an action took place between the American and British Army in which he took a part, but received no injury. After this action he retired with the Army to Hill’s Iron Works [sic, Troublesome Iron Works] with the Army, and was one of the detachment selected by order of General Greene to return home with the supernumerary horses of the militia light horse while the remainder of the Army marched on for Camden at this time he served three months. And he feels very confident that in the whole he served during the war eight months and believes he served longer, but would not state it at more on account of his imperfect recollection of matters that occurred at that distance of time, and his inability to procure any documentary evidence which can cast any light upon the subject.

He believes that he received a written discharge at the expiration of his first term of service which has long since been lost or destroyed and that the other discharges at the expiration of the two other terms were merely oral, but he cannot state positively, nor can he recollect the names of the officers who discharged him on account of the extreme imbecility of his memory occasioned by age and infirmity. He further states that some five or six years after the close of the revolution he removed to Pensacola in East Florida where he resided for about 10 years and from thence to Adams County in this State and came to this County about five years ago where he has resided ever since, that he has no record of his age nor has he any documentary evidence by which he can prove the length of his revolutionary services nor does he know of any living witness who can testify to the same or any part thereof from personal knowledge.

He hereby relinquishes every claim whatever to a pension or annuity except the present and declares that his name is not on the pension roll of the agency of any State. Sworn to and subscribed the day and year aforesaid. S/ Francis Ballard [Jesse Scrivner, a clergyman and Benjamin Kennedy gave the standard supporting affidavit.] [veteran died October 30, 1833].

A Line Clarified: Thomas Ballard of Surry County, North Carolina (c. 1755-1794).

One of our hopes in publishing this blog is that people with a fresh perspective or information unknown to us will come forward and supply something new that helps us sort out the various lines we are attempting to document.  We received just such a message yesterday, offering vital information about the family that is the subject of this newspaper notice:


Surry County.

In Equity.

John Bryson, vs. the heirs of Thomas Ballard, dec’d. David Blackwell and Elizabeth his wife, David Hains and Mary his wife, Ann Ballard, Charles Ballard, Sadell B. Brooks and Sarah, his wife, William Ballard, and ——– Roberts, and Susannah his wife — Petition to compel a conveyance of land.

It appearing to the satisfaction of the Court that these defendants are not inhabitants of this state. It is ordered and decreed by the court that publication be made in the Raleigh Star for six weeks, that the said defendants appear at our next court of equity to be held for said county, on the first Monday in March next, at the Court House in Rockford, and plead, answer or demur to said petition or the same will be heard exparte at the next term.

Witness, JAMES PARKS, Clk in our said court, at office the fir[s]t Monday in Sept. 1819.

The North Carolina Star, Fri, Mar 17, 1820

Here is the message:

I have some information on your post John Bryson vs. The Heirs of Thomas Ballard, dec’d.

My ancestor is Lucy Jane Ballard, daughter of Thomas Horace Ballard of Albemarle. She is listed in her father’s will as Lucy Harvey. She married Joseph Harvey in 1778 in Albemarle Co, VA. In 1855 Barren County, KY Lucy Harvey’s son, James Harvey of Barren County, KY applied for the funds that were due his mother based on her deceased husband’s Rev. War service. At that time she was 88 years old. She states that they were married in Orange Co, Virginia. The application was suspended, as Lucy died before the case was settled.  Included in the application is the following statement made by James Harvey (her son) Statement by James Harvey, Monroe co, KY:

“ father’s fellow soldiers of whom I have heard him speak (viz) Jacob Burrus or Burroughs, Thomas Ballard (my mother’s brother) and one (Jonathan?) Davis – Said Burrus was our neighbor when we lived in Surry County North Carolina – and he moved to either Smith or Sumner County Tennessee where he died many years ago (I forget whether before or since my father, before I think. Thomas Ballard died when I was a young boy and his widow Betsey married David Blackwell.”  source: eFold Pension Record of Joseph Harvey.

One of Lucy Ballard and Joseph Harvey’s daughters, Olive, married John Bryson. The 1790 and 1800 census of Surry Co, NC show these families living next to one another: Thomas Ballard, John Brison, John Brison Jr and David Blackwell.

Lucy’s sister Elizabeth Ballard married Frost Snow, son of John Snow.

The entire Pension Application of James Harvey is transcribed below.

This is an exciting revelation.  We tried mightily to find a place for this Thomas Ballard, but he didn’t quite fit, but this information puts us in an entirely different direction.

What this information tells us is that this Thomas Ballard is an otherwise undocumented son of Thomas Horace Ballard of Albemarle County, Virginia (c. 1732-1804).  He was not mentioned in the better known Albemarle Ballard family histories, namely Edgar Woods’ Albemarle County in Virginia (Charlottesville, Va.: Michie Co., 1901) and William H. Miller’s History and genealogies of the families of Miller, Woods, Harris, Wallace, Maupin, Oldham, Kavanaugh, and Brown (illustrated) : with interspersions of notes of the families of Dabney, Reid, Martin, Broaddus, Gentry, Jarman, Jameson, Ballard, Mullins, Michie, Moberley, Covington, Browning, Duncan, Yancey, and others. (Richmond, Ky.: Transylvania Co., 1907).  This isn’t unprecedented, given that these same books overlooked the existence of Thomas Horace Ballard’s grandson James Ballard, Jr of New York, New York (1815-1882).

When Thomas Horace Ballard made his will on 14 December 1802, he named his sons John Ballard and James Ballard, daughters Ann Bruce, Mary Davis, Lucy Harvey, Betsy Snow and Patty Pettit, and granddaughter Justina Burruss (this last devisee begs the question — whose daughter was she?).   Evidently the younger Thomas was not named in the will because he was dead by 1794, as shown below.

From the information here, we now know that Thomas Horace Ballard had a son Thomas who lived in Orange County, Virginia, and from there went to Surry County, North Carolina, where he died.  We have not yet ascertained the subject of the suit in the newspaper notice, but its now clear that it names his widow Elizabeth (Betsy) Blackwell, and presumably names their children Mary (Ballard) Hains, Ann Ballard, Charles Ballard, Sarah (Ballard) Brooks, William Ballard and Susannah (Ballard) Roberts.  While it’s a reasonable assumption that these were his children, we’d be more comfortable with proof of some sort.

An apparent connection between Thomas Ballard and John Bryson appears in the records of Orange County, Virginia.  On 24 March 1742, John Snow of Louisa County, planter, conveyed to Thomas Ballard of Orange County planter, Lease and release for £25 current money. 200 acres in St. Thomas Parish near the Head of Blew Run corner to a tract formerly belonging to John Bryson. . . brow of a hill. . . Mathias Gale’s corner.”  Signed: John Snow.  Witnessed by John Allen, George Taylor, Thomas Scott.  Recorded Orange Co. Va. Deed Book 7, pp. 209-211.  Given the date of this conveyance, however, this is probably Thomas Horace Ballard and not the son named in the newspaper notice, who was likely born in the 1750s since he fought in the American Revolution.

This 200 acres conveyed by John Snow to Thomas Ballard of Orange County was conveyed by Thomas to a William Ballard by “deed dated 15 February 1758 from Thomas Ballard of Orange Co. & William Ballard of same, for £20; 200 acres near head of the Blue Run … bounded land formerly belonging to John Bryson.” Witnessed by Frs. Jones, Barnett Franklyn, Jas. Griffith. Recorded 23 February 1758, Orange Co. Va. Deed Book 12, pp. 432-36.   To our knowledge, Thomas Horace Ballard did not have a brother named William, though he certainly had a cousin William Ballard, son of John Ballard of Albemarle.  We are told that this William “lived below Mechum’s Depot” by both publications listed above; we have not tried to trace his family, but this connection suggests that this may be the correct William, so we may have a starting point.

A probate record in Surry County, North Carolina dated 1794 is an inventory of the estate of Thomas Ballard by his wife Elizabeth Ballard, who was appointed Administratrix, which tells us that Thomas died without a will (if he had one Elizabeth would have been Executrix, if named so in the will).  We have an accounting of his belongings, but apart from the name of his wife, there is no information of genealogical value.

Incidentally, the Frost Snow who married Elizabeth Ballard (Thomas and Lucy’s sister) also removed to Surry County, North Carolina and left a will there dated 6 February 1837, recorded Surry Co. NC Will Book 4, p. 325.

Since Thomas died in 1794, what prompted John Bryson to initiate his suit against the heirs of Thomas Ballard in 1819?  Additional research is needed on that point.  Still, its gratifying to find a place for that particular piece of the puzzle.

Pension application of Joseph Harvey R4711 Lucy Harvey f97VA

Transcribed by Will Graves 2/26/14

State of Kentucky Monroe County: Sct.

On this the 23rd day of May 1850 personally appeared before me Samuel Gearhart an acting justice of the peace in and for the County aforesaid Lucy Harvey a resident of said County aged Eighty Eight years past who being first duly sworn according to law doth on her oath make the following Declaration in order to obtain the benefit of the provision made by the Act of Congress passed July 4th 1836, that she is the Widow of Joseph Harvey who was a soldier in the Army of the Revolution he enlisted under Francis Coward in arrange [presumably Orange] County State of Virginia in the early part of the War for two years and served to the end of his enlistment, he was first marched to Williamsburg then through the various Counties in Virginia she thinks he took up winter quarters on Schuylkill River and then at Philadelphia she recollects of no particular Battles that he was in but heard him speak of many skirmishes he was again drafted for three months in the spring of 1781 and served out the said three months but cannot recollect his Officers and he never went in the Army after. She further declares that she was married to the aforesaid Joseph Harvey on the 12th day of November 1778, that her husband the aforesaid Joseph Harvey Died on the 25th of March 1828 and that she has remained a Widow ever since that period as will more fully appear by reference to the proof hereto annexed. She further states that the Family record which is here with file for proof of marriage is the true and original record of their own and the ages of all of their Children and that the same is in the hand writing of her husband the aforesaid Joseph Harvey.

Sworn to and subscribed the day and year above written before me.

S/ Samuel Gearhart, JP MC                                               S/ Lucy Harvey, X her mark

[p 5: On July 19, 1855 in Monroe County Kentucky, Henry Bushong and Ann Harvey gave testimony as follows: Henry Bushong testify that he is 84 years old; that he was intimately acquainted with Joseph Harvey who died in Barren County Kentucky about the year 1828; that he knew him for many years prior to his death; that Harvey told him he was raised in Virginia; 2 of Harvey’s sons married to of the affiants daughters; affiant was himself in the Indian wars and the War of 1812; that Harvey always told the affiant that he served in the Regular Army in Virginia; Ann Harvey, 56, gave testimony that she was intimately acquainted with Joseph Harvey; that she knew him for 10 years or more prior to his death; that he told her he had been in the Virginia Regulars during the war; that her husband Austin Harvey (now deceased) was a son of Joseph Harvey and his wife Lucy; that Joseph Harvey died in Barren County Kentucky March 25, 1828; that the widow Lucy Harvey died in Monroe County Kentucky in October 1851; that the names of her children living when she died were Betsey Lawrence, a widow, James Harvey and William Harvey all now living in this County – Martin Harvey and Abner Harvey in Missouri and Patsy Davis a widow now living in Cumberland County Kentucky; that both Abner Harvey and his widow have since died leaving the following children: Greensville Harvey, Jane Harvey, Almarine H. Harvey, Joseph Harvey and William Harvey.

Both affiants signed their affidavit with their mark.]

[p 9: family record:

Betsey Harvey Daughter of Joseph Harvey and Lucy Harvey his wife was born the 14th day of October 17 [last 2 digits written over and illegible]

John Harvey was born the 30 day of September 1781

James Harvey was born the 21 Day of February 1784

Thomas Harvey was born the 8th day of January 1787

Wilson Harvey was born the 28th day of September 1789

Martin Harvey was born the 10 day of February 1792

William Harvey was born the 20 Day of September 1794

Austin Harvey was born the 3 Day of August 1797

Abner Harvey was born the 1 Day of October 1800

Patsey Harvey was born the 26th of November 1804

Joseph Harvey was born the 12 day of November 1754

Lucy Harvey was born the 9 November 1761]

[p 12]

This is to certify, that it appears from a list in this office of such Officers and Soldiers of

the Virginia Continental Line as settled their accounts and received certificates for the balance of their full pay, according to an act of assembly, passed the November session 1781, directing the Auditors of Public Accounts to settle and adjust the pay and accounts of said Officers and Soldiers from the first January 1777 to 31st December 1781, (see Hening’s Statutes at Large, vol. 10, p. 462,) that a settlement was made on the 30th day of July 1783 in the name of Joseph Harvey as Soldier of Infantry and evidence of the indebtedness of the State to him was £16.15.0, delivered to John Burton but as the original settlements or copies thereof or not to be found in this office, the term of service embraced therein cannot be stated.

Given under my hand at the First Auditor’s Office, Richmond, this 23rd day of March 1850.

S/ Ro Johnston

[No Seal of Office] Auditor Public Accounts

[p 18: On July 18, 1855 in Monroe County Kentucky, James Harvey, 71, gave testimony that he is one of the children of Joseph and Lucy Harvey who he has always believed were legally married in Virginia some time above 5 years before he was born; affiant remembers the names of some of the fellow soldiers who served with his father including Jacob Burras or Burroughes, Thomas Ballard (his mother’s brother) and one Jonathan (?) Davis; that Burras was a neighbor of theirs when they lived in Surry County North Carolina and moved to Smith or Sumner County Tennessee where he died many years ago; that Thomas Ballard died when the affiant was a boy and his widow Betsey married David Blackwell; Davis the affiant believes died in the service; that his father died in Barren County Kentucky March 25, 1828; that his mother died in Monroe County Kentucky October 4, 1851 and left at her death the following children surviving:

  1. Betsey Lawrence a widow Monroe County Kentucky number
  2. James Harvey this declarant
  3. Martin Harvey Cooper County Missouri
  4. Abner Harvey, Moniteau County Missouri, Abner has since died leaving a widow who has since died survived by Greensville Harvey, Jane Harvey, Almarine M. Harvey, Joseph Harvey and William Harvey all living in the same County
  5. William Harvey, Monroe County Kentucky
  6. Patsy Davis a widow Cumberland County Kentucky;

The affiant makes the declaration in his capacity as executor of the estate of Lucy Harvey for the purpose of applying for and receiving the old whereas of pension money due her at her death.

The affiant signed this document with his mark.]

[p 24: Clarissa H Huffman, 29, and James W Harvey, 26, children of James Harvey gave testimony that Lucy Harvey the mother of James Harvey died at the widow of Joseph Harvey in Monroe County Kentucky October 4, 1851 having never remarried]

[p 27: On July 19, 1855, John R H Palmore, 72, of Monroe County Kentucky gave testimony that Joseph Harvey told him that he came from Albemarle County or an adjoining County in Virginia; that he served in the Virginia regulars; that affiants father Pledge Palmore served in the Virginia troops, the militia he believes. He signed his affidavit with his mark.]

[p 39: On July 18, 1855 in Monroe County Kentucky Matthew Amyx gave testimony that he was intimately acquainted with Joseph Harvey who was reputed to have been a soldier in the Virginia regular troops; that he had frequent conversations with him regarding his services; that affiants father Matthew Amyx served in the Virginia troops in the revolution and was an invalid pensioner on the Kentucky rolls on account of wounds received in the war.

[He gave another affidavit posted on p. 86]

The Ancestry of Samuel Ballard of Cherokee Nation West (c. 1802-1862).

Cherokee Territory c. 1830 is the area identified as No. 36.
Cherokee Territory c. 1830 is the area identified as No. 36.  Note that it includes parts of Georgia, Alabama, Tennessee and North Carolina.

Researching the Cherokee Ballard lines has proven to be an interesting proposition. In some corners, there is a wealth of information, in others, a yawning chasm. To appreciate the full story, one must understand the saga of the five tribes, and in this instance, the Cherokee Nation, and the shameful history of the notorious Trail of Tears, which at least provides specific movement of the families whose history we seek to reveal.

The purpose of this project is to determine which Ballard families intermarried with members of the Cherokee tribe prior to 1850 in the Southern United States. Our goal is to document which branch or branches of the Ballard family intermarried with Native Americans so we can properly place those descendants who participate in the Ballard yDNA Project. Later Native American generations are extremely well documented because of the Federal government’s practice of taking an annual census from 1885 to 1940, so we won’t concern ourselves with them (for now).  Today we focus on Samuel Ballard, Sr, a white American who joined the Cherokee and lived in the Cherokee Nation in Georgia, took part in the Trail of Tears, and left descendants in Oklahoma.  We will work back from him to show his likely ancestry.

We’ll start with a review of the limitations of certain records we commonly rely on. The US Federal Census is of no value in the early years; in fact, Native Americans were not enumerated until the 1860 census, and even that year the instructions to enumerators (according to James P. Collins, “Native Americans in the Census, 1860-1890”, in Prologue (Summer 2006, Vol. 38, No. 2) stated:

“Indians not taxed are not to be enumerated. The families of Indians who have renounced tribal rule, and who under state or territory laws exercise the rights of citizens, are to be enumerated.”

Essentially – Indians living on reservations generally were not enumerated — though there are rare exceptions, with variations in each census. Prior to 1860, generally speaking, Native Americans were not enumerated. Recall the original purpose of the census, which is to count all citizens to determine representation in Congress.

We did find, however, that Samuel Ballard, age 58 (born c. 1802), a farmer, born in Tennessee, was enumerated in the 1860 US Federal Census in the Koo wee Skoo wee District, Indian Lands, Arkansas (this was prior to the organization of the state of Oklahoma, which occurred in 1907.  1860 US Federal Census, Koo wee Skoo wee District, Indian Lands, Arkansas, Roll M653_52, Page 1174, Image 702.

His white ancestry may explain his omission from the Drennen Roll of 1851 (named for the compiler, John Drennen), which was the first enumeration of Indians after the Trail of Tears.  It documented payments made to Cherokees living in the west who removed as a result of the Treaty of 1835, Article 9.  Family groups are listed in the districts in which they resided.  Samuel Ballard’s family appears as Group 367, in Delaware District:

  • Sarah Ballard
  • Samuel Ballard, Jr.
  • Martha Ballard
  • Manirva Ballard
  • Thomas Ballard
  • Sarah Ballard, Jr.
  • Johnson Ballard
Trail of Tears Map, Showing Indian Removals, 1830-1838.
Trail of Tears Map, Showing Indian Removals, 1830-1838.

We have evidence of Samuel Ballard’s activities during the Trail of Tears from contemporary correspondence of the military personnel responsible.  From Correspondence on the Subject of the Emigration of Indians Between the 30th November, 1831 and 27th December, 1833 (Washington: Duff Green, 1834).

Emigration of Indians,

Office Commissary General Subsistence, August 17, 1833.

          SIR: Yours of the 12th July is received, together with your accounts for the second quarter 1833. You state that, in consequence of a request of General Gratiot, you proceeded to Red river to pay a few individuals moneys due them on account of improving the navigation of that river, and “whose accounts could not be settled without your presence.” That, being on board the Lioness steamboat when she was blown up, you lost, among other money “two hundred and forty one dollars and seventy-eight cents of the money for the removal and subsistence of the Indians,” and you say you are not willing to lose this amount, unless I am of opinion that the loss should be your own. It is very sure that you are charged with a certain sum of the public funds, and that you cannot be released by this department, except through the medium of your expenditures. No power short of Congress can give you relief on the score of your having sustained a loss.

You will not hereafter leave the neighborhood of the tribe unless with the sanction of the department. Mr. Currey informs me that Samuel Ballard and John Rogers, two white emigrants at the head of Indian families, have returned to the old nation.

You report having made over issues to several persons in consequence of Captain Vashon’s statements not agreeing with Mr. Currey’s muster-roll, which latter was not furnished to you until after the issues were made. The cost of the over-issues must be stopped by Captain Vashon from any moneys to which those persons may be entitled. Hereafter, take the pre caution to make no issues except upon Mr. Currey’s roll, a copy of which Captain Vashon should hand over to you as soon as received. He will be requested to do so.

Respectfully, &c., GEO. GIBSON, C. G. S.

To Lieutenant Washington Seawell,

Disbursing Agent Cherokees West, Fort Gibson, A. T.

CHEROKEE AGENCY, July 11, 1833.

The War Department having, under the directions of the President, ordered the opening of books, and authorized the Governor of Georgia to appoint two persons to aid me in enrolling the names of such as give their assent to a treaty on the terms heretofore proposed to the Cherokee people, as well as to send off such of the reservees under the treaties of 1817-19, as are ready to remove, a disbursing agent will be required to meet the requisitions necessarily attending the progress of these measures.

Whether this disbursing officer shall only pay out moneys, or whether he shall attend generally to transportation and subsistence, has been a matter of doubt. Will you be so good as to decide the question, and give instructions accordingly?

For this station, would it not be well to despatch an officer whose views are known to accord with those of the Executive of the United States?

The assistant enrolling agents are to be on a per diem allowance of $4, besides their expenses: they will each be furnished an interpreter at $2 50 r day.

The superintendent will also have an interpreter, employed at the same allowance. Whether any, or what number of the reservees will remove shortly, is uncertain; but there are some families in the nation, who, under former enrolments, have signified a wish to remove early in the fall.

Samuel Ballard and John Rogers, two white emigrants at the head of Indian families, having returned, in violation of their engagements, will be proceeded against as directed in similar cases hereafter.

I have the honor to be,

Most respectfully,

Your very humble servant,



Samuel Ballard appears on the 1835 Henderson Roll, which was a census of the Cherokee Nation in Georgia.  That census shows Samuel Ballard at Red Clay in McMinn County, Tennessee; Red Clay was the site of the last seat of Cherokee national government before the 1838 enforcement of the Indian Removal Act of 1830.   The Cherokee government moved there after being forced out of New Echota, Georgia.

The 1838 Muster Rolls, part of the collection of the National Archives Cherokee Emigration Rolls, 1817-1838 (specifically, in this instance, the Muster Roll of B.F. Currey (Benjamin F. Currey), are lists compiled by those completing the removal of the Cherokees.  The Muster shows Samuel Ballard’s household consisted to two males under age 25, two females under age 25, and one male over age 25.

Eastern Cherokee Applications of the U.S. Court of Claims, 1906-1909, were applications for shares from a fund appropriated by Congress in 1906 in favor of the Eastern Cherokee.  Applicants provided extensive information about their families to support their claim, which is a gold mine of information about these families.  Below is transcribed that of Thomas Ballard, one of the sons of Samuel Ballard.  Lines left blank are omitted.

Commissioner of Indian Affairs, Washington D.C.


I hereby make application for such share as may be due me of the fund appropriated by the Act of Congress approved June 30, 1906, in accordance with the decree of the Court of Claims of May 18, 1905, and May 28, 1906, in favor of the Eastern Cherokee.  The evidence of identity is herewith subjoined.

1 State full name —

English name: Thomas Ballard

2 Residence: Vian

3 Town and post office: Vian

4 County: Cherokee Nation

5 State: Indian Territory

6 Date and place of birth: About 1848 – Delaware Dist., Cherokee Nation

7 By what right do you claim to share?  If you claim through more than one relative living in 1851, set forth each claim separately:  Emigrant ancestors, self – Alex Drumgool Jr and Father Calomasky (?) Durmgood grand mother.  George Drumgool uncle.  Alex Drumgool uncle.  Jim or James Drumgool uncle.  Alex Drumgool uncle.  Sarah Drumgool mother.  Ruth & Charels Collins/Drumgool aunt & uncle.  Thomas Ballard, self.  Sam Ballard, brother

8 Are you married?  Yes

9 Name and age of wife or husband: Susan Ballard, 45 white.

10 Give names of your father and mother, and your mother’s name before marriage.

Father — English name: Samuel Ballard white

Mother — English name: Sarah Ballard

Maiden name: Sarah Drumgool

11 Where were they born?

Father: Don’t know (white man)

Mother: Georgia in Old Nation

12 Where did they reside in 1851, if living at that time?

Father: Delaware Dist, Cher. Nation

Mother: ”          ”          ”             “

13 Date of death of your father and mother —

Father: 1862   Mother: About 1869 or 70

14 Where they ever enrolled for annuities, land, or other benefits?  If so, state when and where: 1851 Delaware Dist — Cherokee Nation

15 Name all your brothers and sisters, giving ages, and if not living, the date of death:

(1) Samuel died 1862 or 63

(2) Martha

(3) Minerva

(4) Thomas self born 1848 } twin [of Eliza]

(5) Eliza born 1848} twin [of Thomas]

(6) Delilah (Sarah [Wood?  Illegible] & Fannie) not in 51 Roll

16 State English and Indian names of your grandparents on both father’s and mother’s side, if possible:

Mother’s side: Alex Drumgool, Colomasty (?) Drumgool

17 Where were they born? Old Nation —

18 Where did they reside in 1851, if living at that time?  Grandmother lived in Delaware Dist, Cher. Nation.

19 Give names of all their children, and residence, if living; if not living, give dates of death. [Note:there appears to be confusion in filling out the form, with names listed consecutively, ignoring the requested information of English name, Indian name, Residence].

George dead before Nov 61

Alex — dead “

Jimmie or James dead “

Sarah (mother) 1869 or 70 died

Ruth (Collin) dead long time now

Eliza Welch dead 1858 or 59

Can’t give exact dates of death — but all are dead —

20 Have you ever been enrolled for annuities, land, or other benefits?  If so, state when and where.  1851-1874 Delaware Dist.  1880, Illinois Dist. (1883-1886, 1890 [illegibile] 1893. Illinois Dist. Appl for [illegible] 1904.

21 To expedite identification, claimants should give the full English and Indian names, if possible,of their paternal and maternal ancestors back to 1835: Alex Drumgool, Grandfather; Calomasky (?) Drumgool Grandmother, Samuel Ballard (white man), Sarah Drumgool Ballard.


(Under this head the applicant may give additional information that he believes will assist in proving his claims.)

I am doing the best I can to make out my claim.  These are the only “strain list” (?) [illegible] that I know.

I solemnly swear that the foregoing statements made by me are true to the best of my knowledge and belief.

(Signature.) Thomas Ballard

[followed by a notarial seal and affidavit of witnesses]

NARA M1104. Eastern Cherokee Applications of the U.S. Court of Claims, 1906-1909, Application No. 1056.

Note that Thomas did not know where his father came from while his mother came from Georgia, yet later generations state that Thomas came from Tennessee.  Could they have derived that information from the fact of temporary settlement in Tennessee following the tribe’s removal from Georgia?

An Indian Pioneer Oral History Project conducted through the Works Progress Administration during the Great Depression (and stored at the Oklahoma Historical Society) includes an interview conducted 20 July 1937 with a William Ballard of Braggs, Oklahoma.  We have not yet determined his relationship to the other part-Cherokee Ballards, but the interview states:

William Ballard was born at Whiteoak, 18 miles South of Tahlequah, in 1876. He is a ½ blood Cherokee Indian.

His father’s people came from Tennessee, his mother’s people from North Carolina. They came by wagon train drawn by oxen and horses. His grandmother died on the way and a grave was dug a few yards from the road. Where she was buried, the grave marked by a stone with no inscription.

None of his people took part in the run of 1889. His ancestors were farmers and hunters, also fishermen.

Two interviews were conducted in 1937 and 1938 with Elizabeth Ballard Sanders, the daughter of Thomas Ballard whose Application to the U.S. Court of Claims appears above.  Curiously, in the first interview (in 1937) she states that Thomas (whose family came from Tennessee) ran away when he was 16 and joined the Union Army, while in the second (in 1938) she states that he joined the Confederate Army at the age of 17.

 I was born January 19, 1868 in the Cherokee Nation in what was known as the White Oak settlement, nine miles East of Braggs, I.T.

My mother’s people came here from Tennessee with what was known as the first settlers. My great-grandmother died on the way over here. My grandmother was only nine years old at the time. She (Betsy Riley Romine) and her father came on alone. She grew up and married Wright Romine who was my mother’s father. He died and she later married Jacob Bushyhead, an uncle of Chief Dennis Bushyhead.

My father’s people came here from Tennessee also, but they came later as emigrants when the Indians were driven West. My people were not full bloods. There was some white blood in the family, but I don’t know just what per cent. My father, Thomas Ballard, ran away from home when he was 16 years old and joined the Northern Army and fought in the Civil War. I can just remember hearing him say he fought in the Battle of Bull Run and that of Bunker Hill. They are the only battles I can remember hearing him mention. He and my mother were married after the war was over in 1865.

In the second interview, conducted 18 January 1938, Elizabeth Ballard Sanders stated:

My grandparents on my mother’s side were Wright Romine and Betsy Riley. Grandfather was an Irishman who came into the old Cherokee Nation in the early days and married my grandmother, a half breed Cherokee. They started westward with the first colony of Cherokees, known as “old settlers” in 1834. As they were crossing the Mississippi river on a ferry boat, my grandmother (Betsy Riley Romine) died. My mother was a small child and never had any very distinct recollection of her mother but said she well remembered after her mother’s death that they opened a large chest that contained her clothes and she saw a lot of gold money in the chest. They halted on their journey and buried her beside the river. Her sister, Mrs. David Carter and her husband who were in the party took charge of my mother and reared her.

When they reached their destination they located in the vicinity that was afterward known as Park Hill, near Tahlequah. Grandfather (Wright Romine) was a large slave owner and had brought his slaves with him. With the help of the Negroes they erected comfortable log houses in which to live and house the Negroes.

When the Cherokee Female Seminary was established in 1846, mother (Caroline) was enrolled in the first class. Mrs. Jane Ross, niece of Chief John Ross, was one of the teachers. Martha Schricmaher, mother of Mr. William Gulager, was a classmate.

I have heard my mother relate many amusing and unusual incidents that occurred during her childhood in a new country. One was when the children killed a sheep. Her uncle David Carter raised sheep as did many of the Cherokees. In the herd was a ram that would chase the children whenever he saw them and they had been warned against him. One day he attacked them and my mother did not run and when the ram came in reach she grabbed him by the horns and gave his neck a twist and he fell to the ground. Another child ran for the ax and they chopped his head off.

At the beginning of the Civil War, all of the slaves owned by her uncle ran away one night and as that left them entirely without servants much of the heavy work devolved upon her. As she was not accustomed to it, it was very distasteful. Later her uncle’s family refugeed to Texas as did many of the Cherokees. Mother did not go but preferred to stay with friends and other relatives.

My father, Thomas Ballard, a ¾ Cherokee Indian, joined the Confederate Army at the age of 17 and served under General Stand Watie. His Captain’s name was White Catcher. He participated in the Battle of Pea Ridge and all the skirmishes in that section of the country. After the war was over he met and married my mother, Caroline Romine. They established their new home in the Cookson Hills two miles from the Illinois courthouse. I was born there January 19, 1868. Jack Cookson for whom the community was named was one of our neighbors, a highly respected man and a leader in the community. Mr. Cookson operated a general store and cotton gin at Garfield. His son, Levi Cookson served several years as a member of the Cherokee council. Tom Madden who married my sister, was a pardner in business with Mr. Cookson. My father engaged in farming and stock raising. The chief source of his income was from cattle which were no great expense to raise as the range was fine and free.

And finally, records of the Confederate Army show that a Sam Ballard was a member of the 2nd Cherokee Mounted Volunteers.  A Company Muster Roll for the period September 30 to July 14, 1863 records that Sam Ballard “Died Dec 1862 in prison.”  Some researchers may have taken this as proof of the death of the elder Samuel Ballard, who would have been 60 years of age in 1862.  We believe this records the death of Samuel, Jr., for the first conscripts in the war were between the ages of 18 and 35; it was not until later in the conflict that older (and younger) men were pressed into service.  The claim record transcribed above does give 1862 as the year of the death of the elder Samuel Ballard, though we have not been able to corroborate the information with another record.  Several online sources give a date of death of the elder Samuel as 16 March 1863, but again we have not been able to corroborate this with a primary record.

Samuel Ballard in Tennessee.

In order to try to pinpoint the senior Samuel Ballard’s ancestry, we return to where we began — the 1860 Federal Census, in which he states he was born in Tennessee.  Having joined the Cherokee Nation, he would have had contact with them and their lands in Southeastern Tennessee, so we began our search there.  Not having access to local records, we enlisted the services of Amy Mays Emert, a professional genealogist in Powell, Tennessee, close to Knoxville with easy access to the Knox County Archives and the McClung Collection, a repository with many records for the region.

She began her search in Anderson County records, given the tax record that identified a Samuel Ballard residing there in 1805, but found no evidence of Ballard families settled in the area.  “Not finding anything in Anderson County regarding Samuel Ballard, I turned my focus to neighboring Knox County.  Anderson County was formed in 1802 from parts of Knox and Grainger Counties.  I first searched the Wills and Estate Settlements, hoping to find one for Samuel Ballard [none found].”

The court records reveal some interesting interactions with neighbors.  Court cases occurred in two courts: Circuit, and Pleas and Quarter Sessions.  In some cases the case files were too large to copy; in others the document was damaged and illegible, or even empty.  Ms. Emert provided a summary of the larger cases; transcribed below are the more interesting cases.

In July 1812, John Dudley assaulted Rebecca Ballard:

State of Tennessee, Knox County } July Sessions 1812

The grand jurors for the State impanneled sworn and charge to enquire for the body ot the County of Knox upon their oats do present that a certain John Dudley late of the County aforesaid Laboror on the _____ [blank in original] day of June 1812  with force and arms attorned in the County aforsaid in and upon the body of one Rebeckah Ballard in the peace of the state than and there being an assault did make and her the said Rebeckah Ballard did then and there beat, wound, and ill treat and mur [illegible] then and said [illegible] Rebeckah Ballard to the great  [illegible] of her the said Rebeckah Ballard to the evil example of all like offenders and against the peace and dignity of the state.

William C. Mynall, Solicitor for Knox County

Knox County, TN Court of Pleas and Quarter Sessions (Rebecca Ballard vs. John Dudley) Docket #3166/365, Box 3B, July Session 1812.   A similar complaint was made by a Patsy Ballard who was also assaulted by John Dudley.

In retaliation, Samuel Ballard, Sr, his sons Samuel Ballard, Jr and James Ballard beat up John Dudley and threw stones at his house.

State of Tennessee, Knox County }

Personally appeared John Dudley before me Robert Lindsay a Justice of the Peace in and for said county and being duly sworn on the Holy Evangelists of Almighty God to speak the truth the whole truth, and nothing but the truth.  Saith that on the night of the 9th last at his house in the county aforesaid, Samuel Ballard and his two sons viz. Samuel & James with sundry other persons to him unknown did make an assault on his house and on his person, and him the said John Dudley died beat bruise would & ill treat by throwing stones at him & at his house in a most violent manner, and did break open his window & throw in stones thereat to the great terror & danger of his family.

Sworn to & subscribed before me this 10th day of Novr. 1812 R. Lindsay. }

Jno. Dudley

State of Tennessee, Knox County }

To any lawful officer of said county,

Whereas complaint hath been made this day oath by John Dudley to us Robt Lindsay one of the Justices of the Peace in and for sd county, that on the night of the Ninth inst. at the house in the county aforesaid Samuel Ballard and his two sons viz Samuel & James with sundry other persons to him unknown did make an assault on his house and on his person and him the sd John Dudley did beat, bruise, wound & ill treat in a most violent manner by throwing stones at him & at his house & breaking open his window and throwing in stones thereat to the terror and great danger of his family — There are therefore in the name of the State to command you forthwith to apprehend the sd Samuel Ballard & his two sons Samuel & James Ballard and bring them before some Justice of the Peace for sd. county to answer to the above complaint & be further dealt with as the law directs.

Given under my hand & seal this 10th day of November one thousand eight hundred & twelve.

Robert Lindsay {Seal}

Summon Teresa McAffrey and William Hancock, witness in behalf of the state.  Ro. Lindsay }

Samuel, James and Rebecca Ballard were involved in another legal scrape in 1819, in which they were accused of beating and bruising John Low at their house.  Knox County, TN Court of Pleas and Quarter Sessions (John Low vs. James, Rebecca and Samuel Ballard), Docket #3527 & 3528, Box 3D, 16 February 1819.

James Ballard was again called before the Court in July 1819 for pulling a gun on the County Constable.  Knox County, TN Court of Pleas and Quarter Sessions (State of TN vs. James Ballard, Docket # 3529, Box 3D, 19 July 1819.

In 1823, a Mourning Ballard is called before the Court on the charge of Bastardy; in the record she names Isaac Bond as the father of the child.  Knox County, TN Court of Pleas and Quarter Sessions (State of TN vs. Mourning Ballard) Docket # 6318/841, Box 4D, 12 December 1823.

James Ballard was yet again in court in 1829 for assaulting William Scott.  Knox County, TN Court of Pleas and Quarter Sessions (State of TN vs. James Ballard), Docket # 7263/1086, Box 4I, 23 September 1829.

Deed books and tax records reveal additional relations.  On 25 October 1838, Samuel Ballard purchased 100 acres of land on the Holston River from D and M Shields & Company.  Knox Co. TN Warranty Deed Books, Book B, Vol. 2 (February 1838-March 1839), recorded 12 November 1838.  Two years later on 22 April 1840, Samuel conveyed this land to Matthew Ballard.  Note that a wife did not join in the conveyance or relinquish dower.  Knox Co. TN Warranty Deed Books, Book D, Vol. 2 (March 1840-February 1841), recorded 26 April 1840, pp. 48-49.

On 25 April 1840, Samuel conveyed personal property to Leroy Carpinter and Thomas Scott — “hath this day bargained sold and conveyed the following … one young bay hourse about five years old, one roan mare, one mans new saddle and riding bridle, one blind bridle one pair of harness chains …” Knox Co. TN. Warranty Deed Books, Book D, Vol 2 (March 1840-February 1841), recorded 15 June 1840, pp. 110-112.

A tax list for the year 1842 shows three male Ballards in District No. 11 of Knox County; Andy Ballard (Andrew) is shown with 100 acres of land, valued at $225; the next on the list is Sam’l Ballard, with no land or value next to his name, followed by Mathew Ballard, also with no land or value next to his name.  While Matthew Ballard legally held title, the fact it was listed this way suggests they were viewed as a family unit and were a single household.  Ancestry Tennessee Early Tax List Records, 1783-1895 (database online).  Federal Census records help us understand Andrew and Matthew, while James, for now, remains a cipher and the subject of additional research.

Andrew Ballard, born c. 1813, is believed to be the Andrew J. Ballard who married Nancy Franklin 22 April 1837 in Knox County.  They and their children were enumerated in the Knox County Federal Census in 1840, and in Blount County, Tennessee in 1850, 1860, 1870, and back in Knox County in 1880 (Nancy died between 1870 and 1880).  Their children were: 1. Nancy Ann, b. 1840; 2. Louisa, b. 1842; 3. Samuel, b. 1844; 4. Whitson, b. 1846 (“Whitfield” in the 1850 Census); 5. Rebecca, b. 1849; 6. Berthina, b. 1856; 7. Mary, b. 1859; 8. Naoma, b. 1864.  It’s worth noting that the 1880 Census indicates that Andrew’s father was born in Virginia.

Matthew Ballard, born c. 1821, on 25 April 1846 married Susan Jane Lawhorn (certificate).  Curiously, the 1850 Federal Census lists his place of birth as “Not Known,” but in subsequent enumerations he listed Tennessee. He was not consistent with reporting his age; in 1850, the Census records 24 (born c. 1826); in 1860, 38 (born c. 1822), in 1870, 50 (born c. 1818) in 1880, 59 (born c. 1821).  He and Susan had one daughter, Rebecca, born c. 1848.

Andrew, James and Matthew Ballard found themselves in court in 1845, which to our benefit demonstates a familial connection, though the subject of the dispute is not known:

State of Tennessee, Knox County }

Circuit Court June Term, Eighteen Hundred and Forty-four.

The Grand Jurors for the State of Tennessee, being duly summoned, elected, empannelled, sworn and charged to enquire for the body of the county of Knox within the State aforesaid upon their oath present that Jame Ballard, Matthew Ballard, Andrew Ballard, Israel Scott and James Nipper, late of said county, laborers, on the ninth day of June eighteen hundred and forty-four, with force and arms, in the county aforesaid, unlawfully, riotously and routously* did assemble and gather themselves together to disturb the peace of the state aforesaid, and being so assembled and gathered together, in and upon one Milly Hensly, in the peace then and there being unlawfully, riotously and routously did make an assault, and the dwelling house of the said Milly Hensley, with force and arms, riotously routously and unlawfully did then and there begin to pull down and did then and there unlawfully riotously and routously batter the walls of the said dwelling house of the said Milly Hensley, she, the said Hensley, being then and there in the said dwelling house and did then and there pull down the chimney to the said dwelling house in a riotous and unlawful manner to the evil example of all like offenders and against the peace and dignity of the state.

Robert B. Reynolds, Attorney General

Knox Co. TN Circuit Court (State vs. James, Andrew and Matthew Ballard), Docket #3422, Minor #2471, Box 25 (June Term 1844).

*Routously  — archaic :  uproariously, noisily

What of the Other Samuel Ballards in Tennessee?

Census and other records show two other Samuel Ballards residing in Tennessee in the 19th century.

There was a Samuel Ballard born in 1816 who on 26 August 1841 married Nancy Scott (1817-1885) in Knox County.  We have not yet determined who his parents were, but the circumstances show that he was not the son of Samuel Ballard, Sr.

Since he was born well after the 1812 court case naming Samuel Sr and his sons Samuel Jr and James in the altercation with John Dudley, we can comfortably eliminate him as that Samuel.   In 1850 the family resided in Knox County, and in 1860 in Blount County.  Samuel and Nancy are interred in Mount Moriah Cemetery in Blount County; Samuel died 12 June 1865, and Nancy Scott on 3 July 1885.  Their children were: 1. Marcus, b. 1843; 2. Samuel, b. 1845; 3. Mary, b. 1849; 4. Martha, b. 1850; 5. Nancy, b. 1852; 6. William, b. 1854; 7. Ann, b. 1857.  We believe this Samuel is a relation of the other Knox County Ballards (perhaps a son of Samuel’s son James; the 1800 Federal Census for Buncombe County, North Carolina shows Samuel with two sons born between 1790 and 1800), but we have not yet determined where he fits in.

Another 19th century Samuel Ballard resided in Memphis, Tennessee.  His obituary appeared in the Memphis Daily Appeal Tuesday, 21 April 1857 (p. 3), and shows he was a native of Baltimore, Maryland.  Probate records accessed via Ancestry do not show that he had any descendants, though he left behind many creditors.

In this city on the morning of the 20th instant, after a protracted illness, Samuel O. Ballard, aged forty-one years. [born 1816]

The remains of the deceased will be removed to Somerville this morning, there to be interred by those of his wife.

The deceased, we believe, was a native of Baltimore, but from early manhood, has been a citizen of West Tennessee and was, at the time of his death, Collector of Customs at this port.  He possessed a warm and genial nature, and has left behind him troops of devoted friends to mourn his death.

Where Did Samuel Ballard of Knox County Come From?

There are two participants in the Ballard DNA Project who descend from Samuel Ballard, and are part of Lineage Group I.  This group is comprised of descendants of Thomas (c.1717-1781) and John Ballard (c.1719-1780) of Albemarle County, Virginia, Bland Ballard (c. 1713-1791) of Spotsylvania County, Virginia, and Richard Ballard (c. 1692-c. 1779) of Essex County, Virginia.  Some researchers claim that these men descend from Thomas Ballard of James City, Virginia (1630-1690), but participants in other lineage groups (which are genetically unrelated) claim descent from him as well.  Neither group has presented sufficient evidence to prove this descent (to the satisfaction of this researcher), so the ancestry of these men further up the line remains unsettled in these pages.

The above mentioned Thomas Ballard of Albemarle’s eldest son, John (c. 1739-c.1779) predeceased his wife and father.  John had married  Mourning __________, who was named in his father’s will of 30 June 1779 on land that he devised to his sons Thomas and Bland:

Item I give and Devide to my sons Thomas Ballard & Bland Ballard and their heirs for ever all this my land they suffering my daughter-in-law, Mourning Ballard to live on, use and occupy that part of it whereon she now lives during her natural Life and I will and …. the land to be equally divided between them so that Bland enjoy that part whereon he now lives.

The existence of the will (now lost) of John Ballard, son of Thomas and husband of Mourning  is proven by the following deed recorded in Buncombe County, North Carolina:

Know all men by these presance that I Samuel Ballard of the county of Buncombe and the state of North Carolina do hereby bargain, sell, convey and transfer unto Robert Patton of the said county and state for and in consideration of the sum of two hundred and fifty Spanish Mill dollars to me in hand paid by the said Robert Patton the receipt where of is here by acknowledged for all my right title and claim to all that legacy or heirship left or bequeathed to me by my father John Ballard by his last will and testimony which legacy is to become due to me at the death of my mother Morning Ballard. I do hereby vest said Robert Patton and his heirs with full power and lawful authority to ask, receive, sue for and recover and to appropriate to his own use or to the use of his heirs all that estate or legacy with real or personal bequeathed to me by my father John Ballard by his last will and testimony and to all intents and purposes I do place said Patton and his heirs in my room and sted as heir to that whole legacy to me bequeathed by my father in as full and as ample a manner as I myself am or could be by virtue of sd last will and testimony or by virtue of law & further suit all claim sd legacy warranting, defending it to sd Patton and his heirs from myself and my heirs, executors, administrators and assigns from all other person and persons claiming my right as heir to my devidend of sd estate, given under my hand this 20th day December 1798.  Test: Aaron Patton, George Newton

Recorded Buncombe Co. North Carolina Deed Book 3, p. 198.

Samuel Ballard and John Ballard both appear in the 1800 North Carolina Federal Census as being 26 to 45 years of age. Also in Buncombe County appears “a deed or letter of Attorney from John Ballard to Robert Patton for all that part of his father John Ballard’s estate that was bequeathed to him by the last will of John Ballard, deceased, was proved in open court by the Reverend George Newton, One of the subscribing witnesses thereto, and ordered to be registered.” January Court 1800, Buncombe Co. N.C. Probate of Deeds, p. 98.

The children of John Ballard and Mourning _____________ were:

Samuel.  Born c. 1770, Samuel Ballard removed from Albemarle County, Virginia to Rutherford, North Carolina before 1790, where he appears on the US Federal Census that year and is enumerated as a male over age 16 (born before 1774) in a household that includes two females.  1790 US Federal Census, Rutherford, North Carolina, Series M637, Roll 7, Page 133, Image 85.  He must have settled in that part of Rutherford that was cut off (along with part of Burke County) to form Buncombe County in 1791, for in 1800 he is enumerated in Morgan, Buncombe County as head of a household with a wife of approximately the same age (between 26 and 44), two sons under age 10, a daughter between 10 and 15, and two daughters under age 10.  1800 US Federal Census, Morgan, Buncombe, North Carolina, Series M32, Roll 29, Pag 163, Image 108.

Samuel’s brother John Ballard is also found in Morgan, Buncombe, North Carolina in 1800.  The Federal Census that year enumerates a male head of household age 26 to 44, and the household includes a female age 16 to 25, two males under age 10, three females under age 10, and one female over age 45 (born before 1755).  We are inclined to believe that the older female is Mourning, John and Samuel’s widowed mother.  1800 US Federal Census, Morgan, Buncombe, North Carolina, Series M32, Roll 29, Page 160, Image 105.

As noted above, on 20 December 1793, Samuel Ballard executed a quitclaim deed for his interest in his father’s estate to Robert Patton that was recorded in Buncombe Co. N.C. Deed Book 3, p. 198.  In  1799 (the deed fails to name the month: “This indenture made the 29th day in the year of our Lord one thousand seven hundred and ninety nine …” Samuel Ballard purchased from James McMahan “a certain tract of land lying and being in the county of Buncombe on a creek called Forgey’s Creek of Swanannoa …” (100 acres). Recorded Buncombe Co. N.C. Deed Book 3, p. 317, and acknowledged in January Court 1801 and recorded. Buncombe Co. N.C. Probate of Deeds, p. 135.  This same 100 acre parcel was sold by Samuel Ballard to William Edmunson (Edmundson) on 16 July 1802, recorded Buncombe Co. N.C.  Deed Book 7, p. 285, and acknowledged October Court 1802.  Buncombe Co. N.C. Probate of Deeds, p. 205.  Note that no wife joined in the conveyance; could she have died between 1800 and 1802?

No Samuel Ballard is found in North Carolina in the 1810 Federal Census, but a Samuel Ballard appears on a tax list dated 1805 in Anderson County, Tennessee.  We believe that after selling his North Carolina land, Samuel Ballard removed to Anderson County, Tennessee.  Unfortunately Anderson County lost its Federal Census records for 1810 and 1820, so verifying this is problematic and we turn to the court records for additional information, and are amply rewarded with tales of mayhem.

John.  A John Ballard on 25 November 1798 purchased from Joseph Dodson 200 acres on Bold Mt. Creek.  Recorded Buncombe Co. N.C. Deed Book 3, p. 246.  On 10 June 1805, John Ballard conveyed 50 acres on Ball Mountain Creek to a Richard Ballard.  Recorded Buncombe Co. N.C. Deed Book 10, p. 336.  We do not know the relationship of the John to Richard; likely father and son.  Richard Ballard purchased 238 acres on Bald Mountain from John Strother et. al. on 24 October 1805, recorded 1 April 1807 Buncombe Co. N.C. Deed Book A, p. 153.

Thomas, for an 1800 a British Mercantile Claim reported the whereabouts of a Thomas Ballard, son of John, then resident in North Carolina; the supplier of the information appears to be “Thomas Ballard of Albemarle, an uncle of Thomas Ballard, son of John.” The likely informant being Thomas Horace Ballard, to wit:

“Thomas Ballard, son of John, Albemarle. £7.9.0 by account. He removed to North Carolina during the time the Convention Troops of Gen. Burgoyne were stationed in Albemarle, which must have been about 1779 or 1780. He carried with him some slaves and other property and was generally reputed solvent. He lives near the hanging rock in North Carolina. Thomas Ballard of Albemarle is an uncle of Thos. Ballard, son of John.” British Mercantile Claims (cited in The Virginia Genealogist, Vol. 29, No. 4, p. 299).

On 1 August 1816 a Thomas Ballard purchased 290 acres on French Broad River from Jerremiah R. Pace.  Recorded Buncombe Co. N.C. Deed Book 11, p. 63.  On 25 December 1820, Thomas Ballard conveyed 50 acres on French Broad River to Charles Stewart.  Recorded 23 December 1831 Buncombe Co. N.C. Deed Book 16, p. 392.


We believe, based on the evidence above, the fact that we can account for the other Samuel Ballards living in Tennessee in this time frame, and yDNA evidence, that the Samuel Ballard born c. 1802 in Tennessee who joined the Cherokee c. 1830 and ultimately removed to the Indian Territory in what is now Oklahoma (and died, according to his son’s application to the U.S. Court of Claims cited above, in 1862, though several online sources state he died 16 March 1863, but do not provide the source of this information) is the son of Samuel Ballard (c. 1770-aft. 1840), who removed from Virginia to Buncombe County, North Carolina, then to Knox County, Tennessee, and who was, in turn, the son of John Ballard (c. 1738-c. 1779) of Albemarle County, Virginia, the son of Thomas Ballard (c. 1717-1782) of Albemarle County.

We’ve seen no evidence of the name of Samuel, Sr’s wife.  Recall that when he sold land in Buncombe in 1802, no wife joined the transfer to relinquish her dower interest (and no wife joined in the conveyance by Samuel to Matthew Ballard in 1840), but if living, she may have been named in one of the Knox County court cases, or if deceased, then all of the females named in those records were probably his daughters.  An educated guess would be that her name was Rebecca, and perhaps the Rebecca named in the cases was his wife, given that the name is in his household, and his sons Andrew and Matthew named daughters Rebecca.  Yet we know from Census records that Andrew and Matthew were born after 1802; could it be that she was still living, and the legal formality of dower release was ignored or overlooked?  If she died, was there another wife?  Nevertheless, his likely children (in no particular order) are: Rebecca; Patsy; James; Mourning; Samuel, Jr.; Andrew; Matthew.

There are still more details to fill in to tell the story about the Ballards who settled in southeastern Tennessee and in Buncombe County, North Carolina, which is a bit outside of the scope of this post.  Future posts will take a closer look at Andrew Ballard, who named a son Whitson, which seems a corruption or variation of “Winston,” a name used in the family of Micajah Ballard who lived in Campbell County, Tennessee and removed to Lawrence County, Ohio.  A Winston Ballard appears on a tax list in Anderson County, Tennessee in 1837 (one line away from a Joseph Ballard), on the Federal Census in Campbell County in 1830 and 1840, and he appears to have removed to Greene County, Illinois by 1850.  Curiously, the Greene County Illinois census enumerator failed to list the ages of anyone in that household, though he noted that they were all born in Tennessee except the last, Sarah, who was born in Illinois (the list included Winston R. Ballard; Isabel; James; Emeline; Mary Ann and Sarah).  Also in Campbell County, Tennessee was a Richard Ballard who married Frances James, the daughter of Rolling James.  And there is a Ballard family in Roane County, Tennessee we have yet to study.  There is still much to do here.

Many thanks to Amy Mays Emert for the work she undertook on our behalf at the Knox County Archives.