Lewis Ellis Franklin Sr (abt. 1785 - 1846)

Descendants

Died 27 Feb 1846 at about age 61 in Tennessee, United States of America [uncertain]

Problems/Questions Profile managers: Lisa Franklin [send private message] and Steve Franklin [send private message]

Biography

Lewis Franklin was born May 15,1786 ^[1][2][3] Lewis and his brother Owen ^[4] arrive in Jackson County, Tennessee by 1806 ^[5].

Lewis Franklin sued his brother Owen, challenging that Owen Franklin, is not of sound mind to get land and incapable of managing his own affairs.^[6]

The following summation of the court cases (attached to Lewis' & Owens profiles) was done by Dr. Tom Kanon, Ph.D., Archivist III, Tennessee State Library & Archives, Office of Secretary of State Tre Hargett on 6 June, 2017:

I have examined the material in the case file of Franklin v. Franklin [MT 185] and have made these conclusions:

In May 1824 Lewis Franklin came before the court of Jackson County asking that his brother, Owen Franklin, be examined to determine if he (Owen) was an “idiot” and, hence, unable to manage his own affairs and property . . . Owen had 11 “Negroes” (slaves) in his possession, as well as horses and cattle. A jury was charged with making the determination if Owen was an idiot from birth or if he had become a lunatic over time. Said jury met in July 1824 and concluded that Owen was of “unsound mind and incapable of managing his affairs.” It was recommended that a guardian be appointed (no doubt Lewis) to manage Owen’s property and well-being.

Owen and his lawyer appealed the case before the Jackson County circuit court in March 1825, stating the jury had not actually made a distinction between Owen being an “idiot” or a “lunatic” and the court agreed, overturning the court’s original decision. Lewis was charged with paying court costs. Lewis’s lawyer then appealed to the state’s Supreme Court of Errors and Appeals in September 1825. The file ends at this point.

I took the next step and searched the Supreme Court Minutes for this case and discovered their judgment: they agreed with the findings of the original court, the one whereby Owen was declared of having an “unsound mind” stating that it equated with idiocy. The Court overruled the circuit court’s March 1825 decision and revoked the ruling that Lewis had to pay court costs. Based on this decision, it appears Owen was declared an “idiot” and a guardian was appointed to supervise his property.

The above is based on my reading of the file and, hence, my own interpretation. You may want to have someone else look at the file for further details.

Regards,

Tom Kanon, Ph.D., Archivist III

Lewis appears on the 1840 census of Jackson County, Tennessee with the following household members:

males) 15-20:2 ; 50-60:1

females) 5-10:1 ; 10-15:1 ; 50-60:1^[2]

He died prior to 1850 when widowed Sarah is living with the son and his family.^[7]

Research Notes

Could any of these be this same Lewis Franklin? Note Allison surname in notes on first one-

• "United States Registers of Enlistments in the U.S. Army, 1798-1914," database with images, FamilySearch (https://familysearch.org/ark:/61903/1:1:QJD5-PCV5 : 24 May 2014), Lewis Franklin, 08 Sep 1817; citing p. 198, volume 029, , , , United States, NARA microfilm publication M233 (Washington D.C.: National Archives and Records Administration, n.d.), roll 15; FHL microfilm 350,321.
• United States War of 1812 Index to Service Records, 1812-1815, database with images, FamilySearch (https://familysearch.org/ark:/61903/1:1:Q29K-QLMV : 11 March 2016), Lewis Franklin, 1812-1815; citing NARA microfilm publication M602 (Washington, D.C.: National Archives and Records Administration, n.d.); roll 75; FHL microfilm 882,593.
• United States War of 1812 Index to Service Records, 1812-1815, database with images, FamilySearch (https://familysearch.org/ark:/61903/1:1:Q29K-QLSV : 11 March 2016), Lewis Franklin, 1812-1815; citing NARA microfilm publication M602 (Washington, D.C.: National Archives and Records Administration, n.d.); roll 75; FHL microfilm 882,593.

Sources

1. ↑ Bible, Benjamin Joseph & Martha Elizabeth (nee Draper) Franklin Family; Dated 1881. Records transcribed by Steven Franklin from xerox copy October 2000. Hand written ancestor chart states B.J. Franklin is son of Louis Franklin & Sallie High. Loius & Sallie were married Dec 23, 1845. Louis is the son of Louis Franklin, b May 15, 1786 & Sarah Sadler.
2. ↑ ^{2.0 2.1} "United States Census, 1840," database with images, FamilySearch (https://familysearch.org/ark:/61903/1:1:XHYL-KH2 : 24 August 2015), Lewis Franklin, District 15, Jackson, Tennessee, United States; citing p. 310, NARA microfilm publication M704, (Washington D.C.: National Archives and Records Administration, n.d.), roll 524; FHL microfilm 24,545.
3. ↑ "United States Census, 1830," database with images, FamilySearch (https://familysearch.org/ark:/61903/1:1:XHG2-6PF : 18 August 2015), Louis Franklin, Jackson, Tennessee, United States; citing 132, NARA microfilm publication M19, (Washington D.C.: National Archives and Records Administration, n.d.), roll 177; FHL microfilm 24,535.
4. ↑ Tennessee Supreme Court Case, 1825 Jackson County, Lewis Franklin v. Owen Franklin, Land & Title Dispute; Lewis Franklin is challenging that his brother, Owen Franklin, is not of sound mind to get land and incapable of not managing his affairs.
5. ↑ TNgenweb "Petitioners for Reduction of Constitutional Limits of Jackson County, TN-1806", Transcribed by Jane Hembree Crowley,From TSLA Microfilm, Roll 3, Legislative Petitions, 1805-1812, Lewis Frankling and Owen Frankling signed 74th & 75th
6. ↑ Tennessee Supreme Court Case, 1825 Jackson County, Lewis Franklin v. Owen Franklin, Land & Title Dispute; Lewis Franklin is challenging that his brother, Owen Franklin, is not of sound mind to get land and incapable of not managing his affairs.
7. ↑ "United States Census, 1850," database with images, FamilySearch (https://familysearch.org/ark:/61903/1:1:MCDZ-HVM : 9 November 2014), Sarah Franklin in household of Lewis Franklin, Smith county, Smith, Tennessee, United States; citing family 125, NARA microfilm publication M432 (Washington, D.C.: National Archives and Records Administration, n.d.).