Shakin' the Family Tree

Job Calloway's will recorded in Wilkes Co, GA Will Book 1806-1808, pgs 81-8:
"Georgia Wilkes County - In the name of God Amen Job Callaway of the county and State aforesaid being in sound mind and memory do hereby make this my last will and Testament revoking and disannulling all others made by me heretofore.

First I give my beloved wife Mary Callaway during her natural life my Negro man named Will and his wife Luce, my Negro man Sam and his wife Dinah my Negro man Gabe my Negro man Solomon My Negro woman named Crease My Negro woman big-Dole My Negro woman Abby my Negro boy Ted my negro boy Huson and my Negro boy Bill, one third of my sheep cattle and Hogs and one third of my Household and Kitchen furniture and one third of my plantation Tools and her choice of one of My Horses or mares I may die possessed of Likewise my dwelling House and all other Houses of the Plantation I live on with one third of the plantation and orchard.

Secondly I give and bequeath to my son Jacob Callaway the plantation and Tract of Land whereon he now liveth containing Five Hundred and fifty Eight Acres agreeable to a plot and survey made by Sanders Walker and which is annexed to this my will with the Negroes Jack, Talbot, Carol and h is child Henry to him his Heirs and assigns Likewise my Negro man named Solomon after my wifes death to him his heirs and assigns.

Thirdly I give and bequeath to my son Joseph Calley [sic-Callaway] all that tract or parcel of Land where on he now liveth containing five Hundred and fifty five [forty is written above the word fifty with fifty being crossed out] Acres agreeable to a plot and survey made by Sanders Walker and annexed to this my will the Negros Mark, Dave, Spencer and Rachell likewise my Negro man Gabriel after my wife's death.

Fourthly I give and bequeath to my son Job Callaway all that Tract or Parcel of Land on which he now liveth containing six hundred and fourteen Acres agreeable to a plot and survey made by Sanders Walker and annex ed with this will with the Negroes Sam, Charity, Silvey and his child Mintal and after my wife's death my Negro boy Bill to him his Heirs and assigns forever.

Fifthly I give and bequeath to my son Joshua Callaway all that tract or parcel of Land on which he now liveth containing six Hundred and sixty=s ix Acres agreeable to a plot and survey made by Sanders Walker and annexed to this will with the Negroes Noses, Nelson, Beck, and Tom and after my wife's Death my Negro boy Fred to him his heir and assigns.

Sixthly I give and bequeath to my son Isaac Callaway Two thirds of the Tract or parcel of Land in which I now live and on the death of my wife Mary Callaway the remaining third the whole Tract containing Five Hundred and Ninety-five acres agreeable to a plot and survey made by Sanders Walker and annexed to this my will also two hundred acres granted to John White and purchased of him by Sanders Walker and purchased by sons of Sanders Walker adjoining my home Tract with my two (b?)est Stills the casks and implements thereunto belonging with them Negros Mike, Sealey, Harvey and Ms [the word Ms has a circle around it] and after my wife's death my Negro man named Sam to him his heirs and assigns.

Seventhly My will is that If my wife Mary Callaway and my son Isaac Callaway cannot agree to a division of the Land agreeable to like intent of this my will that my Executors my sons Joseph Callaway and Job Callaway shall make such division which Shall be binding On the parties.

Eighthly I give and bequeath to my daughter Unice Griffin Five Negroes a Negro woman named Luce and her child Lewis, Stephen, Patience and Milly and after the death of my wife my Negro woman known by the name of Big-Dole to her heirs and assigns.

Ninthly I do make our and bequeath in Trust to my sons Joseph and Job Callaway all that had a parcel of Land containing Two-Hundred Acres which I purchased of Isaac Miligan and on which Wm. Park now liveth to be by them the said Joseph Callaway and Job Callaway Disposed of in the manner following, Viz. The use profits and emoluments thereof to be applied towards and fir the maintenance of my daughter Mary Parks and Her Children during her natural [life] and at their option to live on and keep possession of said Land during her natural Lifetime But she is by no means nor shall any person claiming said Land sell or Lease in virtue of her life Estate there to but by the consent and advice of said Trustees above named first have under their hands in writing with the Negro woman Called little Dole Joseph and Nancy Crite and Cato and after the death of my wife my Negro woman named Luce and at the decease of my daughter Nary Parks I do bequeath the above named Luce and Negroes with their issue to the Lawful Heirs of my said daughter Mary Parks that is her children born of her body and come to lawful age and if she should have no children that may arrive to lawful age then said Luce and Negroes to be sold and the amount of such sale to be equally divided amongst my remaining children and descendants.

10thly For the residue and remainder of all and every kind of my Estate it is my will that after my debts are Paid my Executors call on three a more reasonable Householder of the neighborhood who shall according to their skill and Judgment appraise and Value all such remaining property not divided which property so appraised and valued shall be divided in seven Lotts if such division can be made any wise practicable after which the Lotts to by seniority by my children and the Lott that falls to the Heirs of my daughter Mary Parks is to be put into the Hands of my Executors in trust to be managed to the best advantage to be disposed of i n the Same manner as the Land and Negroes for the support of my said daughter Mary Parks during her Life and at her decease to go to her Heirs coming to Lawful age.

Eleventhly This my will is that all that property divided to my wife during her life be at her death be appraised in the same manner at that property ordered to be appraised at my death and that it be divided and disposed of in the same manner this is one seventh to my son Joseph one seventh to my son Job One Seventh to my son Joshua One Seventh to my son Isaac One Seventh to my daughter Unicy Griffin and One Seventh to remain in the hands of my Executors for the Heirs of my daughter Mary Parks to be managed as a bon mentioned.

Twelfthly And it is my further will desire that If any doubts or misunderstand airs in the construction or intention of this my will that the Parties doubting or disagreeing shall choose two men of Judgment which t[?] women shall choose a third a majority which thou shall divide on the premises which division so made and subscribed under their Hands and Seals of said arbitrators shall be binding as If done in any court of Justice and for the carrying into Effect.
this my last will and Testament I do appoint my beloved wife Mary Callaway Executor and my sons Joseph Callaway and Job Callaway Executors.

In Witness whereof I have hereunto set my Hand and affixed my seal this 15th day of February Eighteen Hundred and three.
Signed and Sealed
In Presence of Job Callaway Senr, {seal}
Thos McLaughlin
Johnson Wellborn
Adam (his X mark) Lovin

Personally appeared in Open Court Thos McLaughlin, Johnson Wellborn and Adam Lovin the subscribing witnesses to the within will and being duly sworn saith that they saw Job Callaway Senr. Seal Publish and declare the within Instrument of writing to be his last will and Testament and at the time of his so doing he was of sound mind and memory and that Wm Wilborn and John Lovin heard him acknowledge the same to be his last will.
Sworn to in Open Court Thomas McLaughlin
this 5th March 1804 Johnson Wellborn
Da Terrell C Cords Adam [hisXmark] Lovin
Recorded July 28th 1805

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It's kind of amazing to me that Job continued to "own" the slaves in his will, down through the next generation.

He was 1) presuming people with black skin would always be slaves; and 2) that they would outlive the people to whom they had been willed, in a time when the lash flayed black skin regularly, and food and housing were lousy.

However, mining probate records is one way to help people descended from those slaves to find their ancestors.

I found copies of the letters of administration and a better copy of the order of the Clark County Probate Court at the Arkansas History Commission. (John Callaway was my 4th great-grandfather.)

The documents below are recorded at pages 36, 37, 160, 172 and 173 of Probate Book A of the Territory of Arkansas.

Where something is illegible, I'll use question marks. I've retained the same spelling as in the original documents.

Click on the images to make them appear larger.

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Page 36

United States of America.)Clark County
Territory of Arkansas.......) Court in Vacation
County of Clark.............) January 6th AD 1835

To all whom these presents shall come greeting
Whereas John Callaway as It is said hath late died
intestate having whilst living and at the time of
his Death goods and Chattels rights and credits
within said Territory wherefore by the laws of this
Territory the granting administration, and also
the auditing and finally Settling the accounts of
the administration of the estate of the said John
Callaway unto us doth appertain, Wherefore
there is hereby granted unto Amy Callaway
widow and relict of the said John Callaway deceased
and John S T Callaway ample and complete
power to take into their charge and possession by
proper and legal means all and singular the
goods and Chattels rights and credits which did
appertain unto the said John Callaway deceased
at the time of his death and the law directs and
the same to dispose of according to Law and to
make Settlement of the administration at the

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Page 37
times and in the manner prescribed by law.
In testimony where of I have hereunto set
my hand as Clerk and affixed the Seal
of Office this 6th day of January AD 1835
and of the Independence of the United
States of America the 59th

Isaac Ward Clerk

Territory of Arkansas..)
.......................) SS
County of Clark........)

I Isaac Ward Clerk of the County court
of the County aforesaid and ex officio recorder
therefor do hereby Certify that the foregoing
letters of administration granted Amy Callaway
and John S T Callaway, on the estate of John
Callaway deceased was this day by me Recorded
in my office before the same was delivered to
the said aministrators - Witness my hand
as Clerk aforesaid this 6th day of January 1835

Isaac Ward Clerk &
Ex officio recorder

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Page 160
Territory of Arkansas; County of Clark
Clark County Court in vacation
January 6th AD 1835

This day came Amy Callaway and John S
T Callaway in their own proper persons
to my office and on their motion letters of
Administration is granted them on the estate
of John Callaway deceased upon their
entering into Bond with two or more good and suff-
icient securities conditioned as the Law directs
in the ?? sum of eight thousand dollars
which was done accordingly & thereupon took
the Oath prescribed by law as administrators
of the estate of John Callaway deceased, and on
motion of John S T Callaway, administrator
as aforesaid I do hereby appoint David Mobley
Archibald Huddleston and Adam Stroud
appraisers to appraise the slaves and other
personal estate of the said John Callaway
deceased & such part thereof as may be pro-
duced to them by the said administrators.

Isaac Ward Clk

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Page 172
Appraised Bill of Property of the estate of
John Callaway Deceased, CO Adam Stroud
Archibald Huddleston and David Mobley appraisers
of the estate of John Callaway Deceased do appraise
the property as follows to Viz

1 negro woman named Lal............350.00
1 negro Boy Tim....................500.00
1 named Bill.......................400.00
1 Girl named Minnie................300.00
1 Boy named Morel..................300.00
1 Do named Harrison................200.00
1 named Bob........................175.00
1 named Ped........................150.00
1 named Buck........................87.50
1 named Rosie & child..............550.00
1 Clock.............................20.00
1 Buro..............................30.00
1 Dining Table.......................4.00
1 Bed and furniture.................20.00
1 Saddle.............................2.00
1 Bed and Bedstead..................15.00
1 Bed and Bedstead..................30.00
1 Cupboard..........................25.00
1 fall leaf table...................10.00
11 chairs............................5.50
1 Rifle gun.........................15.00
1 Bed and Bedstead..................15.00
1 Yoke of oxen......................30.00
7 ?? of Pot Mettle..................13.50
1 Horse Mill.......................125.00
1 Lot of Hogs.......................20.00
1 Bay Mare Jinny....................20.00
1 Mare Mariah.......................30.00
1 Dunn Mare.........................25.00
A Sorrel Horse......................30.00
1 Bay Horse Henry...................15.00
1 Bay Horse Archy...................25.00
1 Dunn Colt.........................15.00
1 Muly Cow and Calf.................80.00

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Page 173

2 Cows and Calfs....................15.00
Amount Brought Over...............3825.50
3 head of young cattle..............10.00
20 head of geese.....................7.50
7 yoke of oxen......................30.00
1 Loom...............................4.00
1 lot of Ploughs.....................7.00
2 Balls..............................1.00
1 ?? of iron.........................5.00
1 ax and hoc.........................2.00
1 hand saw...........................2.00
1 Dima John..........................1.50
2 Horse Collars......................2.00
2 Balls..............................2.00
1 act on ???........................15.00
1 Do on John F??....................21.00
1 note on Green Davis...............13.00
Cash.................................5.25
1 Plough.............................4.00
..................................3935.00

Archibald Huddleston...)
David Mobley...........)Appraisers
A Stroud...............)

Sworn and subscribed to before this 2nd day
of March AD 1835

? H Rutherford

Territory of Arkansas..)
.......................) SS
County of Clark........)

I James I Ward Clerk of the Circuit
Court of said County do hereby certify that the
foregoing Inventory and appraisement of the
Estate of John Callaway deceased are truly and
completely recorded from this original now on file
in my office. Witness my hand as Clerk of aforesaid
This 9th day of May 1835.

Isaac Ward Clerk

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A $3,900 personal property valuation in 1835 would be worth $98,000 in 2009. Not exactly chump change.

Of course, it bugs the hell out of me that the bulk of his "personal property" was other human beings.

Trying to keep it in context...

Jonathan Owsley Callaway was the son of John S T and Amy (Stamps) Callaway. He was born in 1803 in the portion of the Louisiana Purchase that became Ste Genevieve County, Missouri. His father owned large tracts of land in Ste Genevieve County, but there is evidence that Jonathan's parents began selling off the land sometime around 1820-1821, preparatory to their move south to Clark County, AR.

On 10 Nov 1825, Jonathan married Emily Hemphill, daughter of John and Nancy Lawson Hemphill. Emily was born in Georgia in 1799. At the time of her marriage to Jonathan Callaway, Emily was the widow of Thomas Fish, whom she had married in 1820. Thomas Fish died in 1823.

( Now, for the children... )
Jonathan is credited with building the first hotel in Arkadelphia, previously called Blakelytown. The name of the hotel was the Merchants Exchange, built in 1842. Later, it was sold to Solomon Spence, who razed it and built another hotel on the site, which was destroyed in a fire in 1872. (Source: Clark Co Historical Journal (1991) at page 96.)

Clark County records show that at the time of his death, Jonathan O Callaway owned several slaves, which were listed with other "property" of his estate:
Jonathan O Callaway (Calloway) died ca ___Mar 1855 (coffin bought). Admin W H Callaway, followed by Samuel D Callaway, "de bonis non" who resigned 15 July 1861. Heirs: Jonathan W Callaway, Lawson Callaway, Emily Callaway, James Callaway, William H Callaway, Samuel D Callaway, Mary Hardy. Slaves belonging to the estate: Green, a man 29 years old; Harrison, a man 32; John, a man 32; Wesley, a man 25; American, a woman 27; Ardilla, a girl 13; Isham, a boy 15; Perry, a boy 11; Julia Ann, a girl 10; Nepha, a girl 18 (went to Mrs. Hardy).

Mrs. Hardy was Jonathan's daughter, Mary T (Callaway) Hardy Wilson.