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Descendants of Cason Capps

3. JAMES ROGERS2 CAPPS (CASON1) was born 1798, and died Bet. 1859 - 1860. He married (1) MARY TEER December 24, 1832 in Orange County, North Carolina, daughter of LUKE TEER and JENNY CLENDENIN. He married (2) SARAH MCCLURE JUSTICE December 21, 1839 in Carroll County , Tennessee, daughter of WILLIAM MCCLURE. She was born 1810.

Notes for J
He came to West Tennessee with his wife Polly Teer circa 1835. William and James had been very close as children and now they were living as neighbors in Tennessee. Soon after James' arrival, Polly contracted a fever and died. James was left to raise his two small children alone until he met and married Sarah Justice in Carroll County in 1838.
Posted by James Whitney Fly on July 13, 1999 at 16:25:58:

In Reply to: Burial Place of James R. Capps and wives posted by Bill Teer on July 11, 1999 at 23:13:27:

Hi Bill Teer,

Your James Rogers Capps has my Record Number #10338, and I recognize his marriage to one whose surname I had spelled "Tier" in the German manner. (It is the german word for "animal".)(It is pronounced "teer"). Was it "TIER" at that time, possibly americanized to TEER down generation? I have changed my spelling in my data base, but you can tell me whether THAT was a mistake, if, indeed, it was "Tier" in 1832.

I looked closely in the recorded tombstone records for the cemeteries of William Rogers Capps and his cousin Henry Capps, both places of which I have visited in West Tennessee. I do NOT find your persons in either of those TWO places.

Do you have a good source for the death date of Polly as 1839? James R. Capps married Sara (McClure) Justice, widow of James Justice (with a son by Justice) 21 December 1839 in Carroll Co., TN. I do NOT know where James R. Capps is buried or either of the wives. I DO know that TWO sons of Sarah (McClure) Justice Capps (by Capps) are buried in a McClure Cemetery in the area. Also a son of ONE of them. There were two daughters of Capps by Polly Teer, one of whom married a Shelton. That's about ALL I can add to your information.

(From Bill Teer)
James and Polly went to west TN sometime in the era of 1835 and Polly died on the way there or in TN. James married Sarah McClure Justice, the widow of James Justice. She bringing two children by James Justice to the marriage. Then James Rogers Capps and Sarah had six of their own.

[from the Capps genweb forum by Bill Teer]

James Rogers Capps (1809/1850)
Child of Cason and Polly Rogers Capps

From the marriage records of Orange Co, NC, we find that James R. (Rogers) Capps (1809/1850) married Mary "Polly" Teer (Polly Tier on the marriage records) on December 24, 1832 in Orange County, NC. The bondsman was J.C. Turrentine. James R. Capps' parents were Cason Capps and Mary "Polly" Rogers Capps, the daughter of William and Elleada McNeely Rogers. Polly Teer's parents were Luke and Jenny Ruth Clendenin Teer, the daughter of William and Mary Ray Clendenin.

From the early Orange County estate records we find that Polly Teer and husband James Capps were still in Orange County in 1833. James and his brother Robert were named the executors of the estate of their father, Cason Capps, in that year. We also find James R. sold his real property to his brother Robert Capps.

There had been a terrible drought in Orange County in the era of 1820-1830. The lands had been farmed for a long period of time and was "wearing out" as a result of not replenishing the nutrients in the soil, along with other poor farming practices. Since James Rogers Capps' brother, William Rogers Capps, had migrated to Williamson County, TN in about 1815 and then on to Carroll County, which was actually Chickasaw Indian lands, it seems natural that James, Polly and their new daughter would move there. James R. is found in Gibson County in 1836 where he purchased items at the Henry Capps' estate sale.

In the census data and marriage records of Carroll County we find that James R. Capps remarried on December 1, 1838, to a "Sarah Justice" one year younger than he. (Note that the census data is inconclusive about Sarah's age. She is shown as 40 in 1850, 46 in 1860, and in 1870 she is shown as being 47.) The census data shows James R. as being born about 1809. From Sarah's father, William McClure's, will, probated in Carroll Co. TN in May 1857, she is revealed as the widow of James Justice. (His full name was James Gray Justice.) This will is in Will Book A, Carroll County, TN (September, 1822-1864), Pages 287-291. The passages of interest in this will are: "...I do give to James Justice Decd and my daughter Sarah Justice now is Sarah Capps one horse and saddle worth $75.00 and cow and calf $20.00. Done received." Surely this ESTABLISHES that Sarah Justice was Sarah McClure Justice at the time of her marriage to James R. Capps. Note the above will also references the following: "...The Judgement
that I had to pay for James Capps that was sold to Dell I wish it to come out of her estate that is to come out of my Estate the Judgement is about $75.00 interest."

James R. and Sarah were living in Carroll County before moving to Gibson County. In the Chancery Court Records, of Carroll County, we find the following: On October 1, 1841, James R. bought two tracts of land from George T. Ridley for $200. This property was estimated to be 57 acres and was lying in the 4th district, on Clear Creek, in Carroll County. This is the first time that James R. is shown in the deed records in Carroll County. Ridley acknowledged the deed in May, 1844 and it was registered in July, 1844. (Deed Book F, Page 150) On December 7, 1842, James R. sold this same property to R.D. Shoffner for $200. It was acknowledged by witnesses in January, 1844 and registered March 1844. (Deed Book F, Page 76) At the same time, James R. agreed to purchase from
Shoffner 112 1/2 acres for $393.75. James R. gave Shoffner notes for payment and Shoffner was to make him a deed. In December, 1843 James R. filed suit against Shoffner in Chancery Court. He claimed Shoffner had: [1] knowingly sold him an "unhealthy place," [2] had sold his notes to Oliver Huffman, [3] had failed to make him a deed, and [4] had no clear deed to the property in the first place. Depositions were taken of both sides. In summary, James R. had been sick while living on the land. He claimed the land and/or water on the place contained something that caused a disease called "milksick" that killed animals and caused illness in people and that Shoffner knew of this. The property was in the vicinity of Crutchfield's mill in the 10th District. The court papers indicate that James R. was not living on the property at the time of the lawsuit, having already moved away, possibly to Gibson County. In August 1844, the Carroll County Chancery Court granted a decree in James R.'s favor. In October 1844 Shoffner won an appeal to be heard April, 1845 in the Supreme Court in Jackson, TN.
Shoffner was bound to James R. in the amount of $600 and cost if he defaulted. These Supreme Court records are probably in Madison County and could contain more depositions and a final judgement. These records have not been researched to date. Authors note: Later research reveals that the classic "milksick" of this period of time was, in fact, cause by cows eating "white snake root plants" and passing the toxin produced onto the milkdrinkers, thus mildly poisoning them.

James R. was living in the 17th district of Gibson County, somewhere in the vicinity of the community of Skullbone, probably to the southwest of there, when the October 21, 1850 census was taken. At the December term of court in 1850 a guardian was appointed for Nancy Ann Capps, "minor orphan of James R. Capps,
DECEASED." This can be found in Gibson County, "Wills & Bonds 1846-1852," Book D, Page 275. This particular paper is dated December 2, 1850. SURELY THIS INDICATES, WITH A HIGH DEGREE OF CERTAINTY, THAT JAMES R. CAPPS DIED BETWEEN OCTOBER 21, 1850 AND DECEMBER 2, 1850!

Notes for M
[From Capps forum by Bill Teer]
We do not know when nor where Mary (Polly) Teer died. The serious Capps researchers that we have spoken to think she died on the way to TN or shortly after arriving there, "from the fever."

Due to her marriage date of 1832 and a daughter being born in 1834 we now conclude that Polly Teer Capps was born about 1810, certainly in Orange County, NC and certainly the daughter of Luke TEER, not Tier.

Notes for S
[from the Capps genweb forum by Bill Teer]
This will is in Will Book A, Carroll County, TN (September, 1822-1864), Pages 287-291. The passages of interest in this will are: "...I do give to James Justice Decd and my daughter Sarah Justice now is Sarah Capps one horse and saddle worth $75.00 and cow and calf $20.00. Done received." Surely this ESTABLISHES that Sarah Justice was Sarah McClure Justice at the time of her marriage to James R. Capps. Note the above will also references the following: "...The Judgement that I had to pay for James Capps that was sold to Dell I wish it to come out of her estate that is to come out of my Estate the Judgement is about $75.00 interest."

From research on the James Justice family we find that Sarah already had two children by James Justice when she married James Rogers Capps. They were: Bennett Justice, born about 1834 and Elizabeth Jane Justice, born about 1836. This is ESTABLISHED from the guardian records and administrator's bonds, in the court records of Carroll County, TN. In the Carroll County Court Minutes, 1843-1850, Part II, Page 224, dated, July Term 1846, the following is recorded: "This Day Allen A. Justice (brother of James Justice) came into Court and renewed his guardian's bond as the law requires for Bennett M. and Jane Justice, minor ORPHANS of James J. Justice, deceased in the sum of five hundred dollars with Benjamin Woodard & Green Utley, as his securities, who all
came into Court and acknowledged the due execution of the same which the Court received and approved and ordered to be filed."

Apparently Sarah McClure Justice Capps moved back to Carroll County after James R.'s death. An Administrator's Bond for Sarah Capps, in the amount of $300, was filed in Carroll County, December Term of court, dated December 4, 1854. John McClure, her brother, and Lemuel Stout were her securities. Shortly after February, 1855, Sarah filed an inventory record of James R.'s estate. From reviewing the inventory papers and considering the administrator's bond was only $300 we can establish it was a rather small estate. There are reports of papers concerning James R.'s estate as late as 1858. We think this was when Nancy Ann turned 21 and part of her father's estate passed to her.

These researchers are unaware of Sarah McClure Justice Capps death date or place. She and son Edward are known to have been living in the 3rd District of Carroll County when the 1870 census was taken. No trace of Sarah and her children has been found after 1870. There is speculation that they left the area possibly following other family members to the west and north.

Child of J
  i.   NANCY ANN3 CAPPS, b. Abt. 1834; m. SAMUEL RIBSY, March 17, 1859, Carroll County, Tennessee.
  Notes for NANCY ANN CAPPS:
[from the Capps genweb forum by Bill Teer]
Note that Nancy Ann Capps was not shown in the James R. Capps household in the 1850 census. Nancy Ann is shown in the house of Joseph Hampton, next door to James R. and Sarah. This area, in this period of time, had a terrible epidemic of yellow fever. Possibly she was there to escape the disease, or because of it. (Note in the next paragraph that Joseph Hampton had been appointed one of her two securities, probably before the census was taken.)

On June 3, 1850 James R. was appointed guardian of Nancy Ann, his daughter, along with Joseph Hampton and James M. Young as securities. This can be found in Gibson County, TN "Bond & Wills 1846-1852, Book D, page 249. The most likely reason for this is that grandfather Luke's wife had died and Nancy Ann was sent the $200 provided her by her grandfather's will. But why would Nancy Ann's father, and others, need to be appointed her guardian and securities by the courts? (The bond was for $500, could it be that it took all three of them to be worth $500?) The explanation for the guardian is this: in that period, when a minor received an inheritance the courts appointed a guardian to assure the money was used or retained for the child's benefit and not squandered in some tavern. The guardian had to make reports to the courts about expenditures, interest income, and other financial matters concerning the minor.
Children of JAMES CAPPS and SARAH JUSTICE are:
  ii.   MARY3 CAPPS, b. Abt. 1839.
  iii.   SUSAN CAPPS, b. Abt. 1842.
  iv.   ELIZABETH CAPPS, b. Abt. 1844.
  v.   PORTER CAPPS, b. Abt. 1845.
  vi.   JAMES M. CAPPS, b. March 03, 1847; d. March 14, 1872.
  Notes for JAMES M. CAPPS:
From Cousin James W. Fly we learn that James R. and Sarah's son, James M. Capps; born March 3, 1847 and died March 14, 1872 is buried in the private McClure Cemetery, in Carroll County, TN. Also buried there is, Herman N. Capps; born August 28, 1872 and died Feb 24, 1873, the son of E.L. and E. Capps and the grandson of James R. and Sarah. There also is William McClure; born April, 1775 and died May, 1857, the father of Sarah McClure Justice Capps. According to Cousin James this information was copied by Marvin Clark sometime ago. These writers have visited the site and have verified this information is correct.

Bill And Ann Teer, Graham, NC
Wanda Johnson, McKenzie, TN
Dr. Gary Lewis, Huntingdon, TN

16. vii.   EDWARD L. CAPPS, b. Abt. 1852.

4. MARY POLLY2 CAPPS (CASON1) was born Abt. 1803 in Orange County, North Carolina, and died Bet. 1861 - 1863 in Weakley County, Tennessee. She married LEMUEL STOUT February 08, 1825 in Orange County, North Carolina, son of FRANCIS STOUT and ANN STOUT. He was born 1803 in Along the Haw River, Orange Co, North Carolina, and died Abt. 1877 in Henry County, Tennessee.

Notes for L
Lemuel Stout was born about 1803 in N.C. He was the son of Francis and Ann Stout. Francis and Ann Stout had the following children:
Aaron, Henry, Lemuel, Levi, John Noblett, Carolyn (Drewry), Samuel.

Joyce Ford of Texas claims that Lemuel Stout was a full blooded Cherokee Indian and that Francis and Ann Stout adopted him at an early age. Nowhere else have
I been able to verify this. It seems improbable because Lemuel was the administrater of his father's estate. It would seem more likely an Indian would not be an administrater with other brothers in the area. He also obtained a land grant of 135 acres in 1849.

Francis, Levi (my gggrandfather), John Noblett, Caroline, Samuel migrated to Weakley Co. TN about 1843. Francis and Ann Stout were Quakers and are buried on their land grant farm about 7 miles SE of Greenfield, TN.

Lemuel Stout was already in Weakley Co. in 1840. This could be the reason other families migrated here.

The 1850 census of Weakley Co. shows the following:
Lemuel Stout age 48
Mary Polly Capps Stout age 48
Jane 18
Thomas 17
Emily 15
Henry 14
Sarah 9
Levi 6
John 4
Mary Ann Stout b.1829 married Elisha Fly Capps

Furnished by Joyce Ford-Died abt 1877 Henry Co., Tenn.

Mary Polly Capps was the dau. of Cason Capps b.prior to the revolutionary war.
Cason Capps migrated from N.C. to Nashville TN.

Sometime between 1850 and 1860 Mary Polly died. Lemuel remarried Salena A Reynolds a widow. 1860 Census shows them in Obion Co. Tn. which joins Weakley Co.

The Stout ancestry from Francis Stout (Lemuel's father) is the following
Charles Stout 1742-1822 m Mary Noblett1746-1811
Peter "The Quaker" Stout 1715-1802 m 1739 w Margaret Cyfert
John Stout died 1765
Peter Stout 1654-1703 m Mary Bullen m Mary Browne
Richard Stout 1615-1705 m Penelope Van Princen 1622-1732
John Stout England m 11/13/1609

>William Rogers Capps was the brother of Mary Polly Capps. He was married to Lucy Fly a 1/4 Cherokee Indian. Elisha Capps middle name was Fly. The area in S.E. Weakley Co. borders Carroll Co. The area they lived in was called Flytown until recent years. The area just across the county line in Carroll Co. is Christmasville. I own a farm in that area that has been in my family since the 1840's. William R. Capps and some of his children are buried on that farm. [Joe Stout]

The following is an excerpt from the book, "Tennessee's Last Kingdom, Skullbone, Tennessee." From "The Diary of Williamson Younger" (1817-1876)

Dec. 20, 1863, Up to this time the Confederates have foraged off me to the amount of 16 barrels of corn and bread baked for 80 men and fed on me to the number of between 75 and 100 men and horses. I have not received one cent of pay from the Confederate authorities. The horse pressed of me November 30 was sent back in about two weeks. The next day after being sent back, one Capt. Bray of Henderson County, Tenn., passed by and took the horse and left an old bay horse worth about $50. I will now put on record the conduct of six men, calling themselves Confederate soldiers. Their names as I have been able to learn them are as follows: Capt. White from about St. Joe, Mo., James Cribs, son of Rev. Cullen Cribs, Gilly Cribs, son of Widow Cribs, Brown Flippin, Giles Billew (Belew), son of Jo. Billew (Belew). These four are all of Gibson County, Tenn. Thomas Lewis of Carrol county, grandson of Annabella Dickson, a near neighbor. These six men came to my house in the night and tried to rob me of my fine gray horse Pete. They could not catch him. I out generaled them. Names of more of the desperate men are Harve Smith, son of Owen Smith of Skullbone. I have been told that there were one of two others by the names of Smith, all of Skullbone notoriety. Cal Lusk, son of Byrd Lusk, is no doubt one of the ring leaders of the gang. Old Byrd Lusk's is their stopping place in this neighborhood. James Smith, John Smith, Jack Hitchcock, and Pat Mathis. Old Lem Stout's is one of their stopping places. Wils Baird, Jr., a friend and a better is of old Jim Baird's family.

More About L
Fact 1: August 01, 1848, Land Grant from TN #6470. 135 acres
Fact 2: Aaron Stout witnessed marriage bond
Children of M
17. i.   MARY ANN3 STOUT, b. August 19, 1829, Randolph County, North Carolina; d. November 18, 1893, Texas County, Missouri.
  ii.   EMILINE STOUT, b. August 02, 1832, Weakley County, Tennessee; d. January 23, 1916, Dent County, Missoure; m. (1) JAMES C. CONNELL, February 13, 1855, Weakley County, Tennessee; m. (2) ASA WARDEN, September 20, 1877, Dent County, Missouri.
  Notes for EMILINE STOUT:
Both husbands buried in Missouri

Burial: Anutt Cemetery

  iii.   THOMAS STOUT, b. 1833, Randolph County, North Carolina.
18. iv.   HENRY FRANCIS STOUT, b. May 05, 1837, Weakley County, Tennessee; d. October 23, 1886, Salem, Missouri.
  v.   SARAH STOUT, b. 1841, Weakley County, Tennessee; m. (1) WILLIAM W. B. LANGELY; m. (2) JAMES ROBERSON, July 10, 1858, Weakley County, Tennessee.
  Notes for WILLIAM W. B. LANGELY:
He fathered 22 children in all that I know of and all born either Carroll or
Weakley Co., TN between 1832 and 1881.

1. John b 1832
2. Nancy b 1834
3. Jane b 1835
4. Harvey Columbus b 1838
5. Dicalous? (male) b 1839
6. Hiram b 1841
7. Riley b 1844
8. America b 1845
9. Rachel b 1848
10. Mary b 1850
11. Margaret J. b 1854
12. Jonathan A. b 1857
13. Mary C. b 1860
14. Wade H. b 1860 possible twins
15. James L. b 1862
16. Martha b 1866
17. Eliza A. b 1867
18. Abraham b 1868
19. Alsy (female) b 1870
20. Henry A. b 1872
21. George C. b 1877
22. Eugene b 1881

  vi.   LEVI STOUT, b. 1844.
  vii.   JOHN STOUT, b. 1846.

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