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Lewis Ellis Franklin Sr (1786 - 1846)

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Lewis Ellis Franklin Sr
Born [location unknown]
Son of and [mother unknown]
Brother of
Husband of — married [date unknown] [location unknown]
Descendants descendants
Died in Tennessee, United States of Americamap
Profile last modified | Created 16 Dec 2016
This page has been accessed 212 times.

Categories: Franklin Y DNA Project FY02 Group.

Biography

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

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.[4]

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 [5] with the following household members:

males) 15-20:2 ; 50-60:1
females) 5-10:1 ; 10-15:1 ; 50-60:1[5]

He died prior to 1850 when widowed Sarah is living with the son and his family.[6]


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. 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.
  3. 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
  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. 5.0 5.1 "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.
  6. "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.).


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DNA Connections
It may be possible to confirm family relationships with Lewis by comparing test results with other carriers of his Y-chromosome or his mother's mitochondrial DNA. Y-chromosome DNA test-takers in his direct paternal line on WikiTree: It is likely that these autosomal DNA test-takers will share DNA with Lewis:

Have you taken a DNA test for genealogy? If so, login to add it. If not, see our friends at Ancestry DNA.



Images: 2
BJ Franklin Bible pg 10
BJ Franklin Bible pg 10

Court Case: Lewis Franklin v. Owen Franklin
Court Case: Lewis Franklin v. Owen Franklin

Collaboration

Lewis is 23 degrees from Walter Morrison, 31 degrees from Alison Wilkins and 19 degrees from Victoria of the United Kingdom of Great Britain and Ireland on our single family tree. Login to find your connection.

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