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Workspace Yazoo Slaton Clues

Workspace Yazoo Slaton Clues

An interpretation of these documents is a work-in-progress.

Comment: It appears from the workspace records here that a James J. Slaton was dead by January 1841 and a John Slaton was deceased by September 1841, but it does not clarify which is the elder. Many of the pages in the Probate books are faded to illegibility. Note that these probate notes are docketed as either #260 or #311, however, these case numbers were "recycled" and a later #311 also applies to a seemingly endless case involving Ratcliffs. These might be unconnected to Augustus Marion Slaton (1830-1865), but the name is seen below and these are recorded here for research purposes and for possible linkage to other profiles.

Contents

1830 Yazoo Mississippi Census

John Slayton's location and household code (m11000011 - f1000101 - 0 enslaved) in 1830 Yazoo implies a family.[1] He is the only Slayton found in the exceptionally clear enumeration for that year.

Comment: Mary is presumbably his widow by 1841, cited below. His estate is linked to that of deceased James Slaton by a dispute where James' administrator deposes that a writ to allot dower land to Mary Slaton includes land of James' estate. John's household shows two older men who might be brothers, but it is possible for ~59-year-old John Slayton to have ~40-year-old son, along with two much younger sons, but of course all ages and relationships are guesswork in the pre-1850 census. The three youngest might be grandchildren of the head.

Conjecture - the presence of John, but not James, in the 1830 census suggests, but does not prove, that James is possibly in the household of John.

Conjecture - Probate records below show Augustus and Emiline Slayton as heirs of a deceased James J. Slayton. In John's census, the youngest male under age of 5 could be Augustus and the youngest female could be Emiline; the next older male 5-10 could be James, but so could the male 40-49; the oldest female 40-49 could be wife Mary; the female 20-29 defies conjecture, but could be Emiline. Neither John nor James lived into the 1850 census, and neither Augustus nor Emiline are clearly found in the enumeration. Of these seven people, only John and wife Mary are safely assumed in 1830.

There are no Slatons or Slaytons, male or female, in the 1840 enumeration for Yazoo.

Mississippi Land grants to John and James

In 1831, John Slayton of Yazoo County, Mississippi received a land grant for 80 and a bit acres [2], and in 1835, John Slaton is granted or ~40 acres and ~81 acres, and in 1840, another for ~81. [3] Assuming, perhaps incorrectly, that this is all one person, this totals ~280 acres.

In 1835 James Slaton of Yazoo County, Mississippi received a land grant for 81 and a bit acres, [3]

All of these grants were in Section 13, Township 11, Range 2 East.

Estate advertisement from Probate, James dead

It appears that James J. Slaton was deceased as early as January 1841:
Yazoo County, Probate Court January 1841 page 451 #260 Edward Exum application for letters of administration for James Slayton, deceased, "the petition not being full & satisfactory...continued until next term and leave to amend petition given." [4]

Yazoo County, Probate Court February Term 1841 page 259, #260, Edward Exum was granted for letters of administration for James J. Slayton, deceased. [5]

Lexington [Holmes Co, Mississippi] Union [newspaper], Saturday, Nov 6, 1841 [Bolding added]:
STATE OF MISSISSIPPI, Yazoo, County: Probate Court, September term, 1841. EDWARD EXUM Administrator of the estate of James J. Slayton, dec'd, having by petition filed, represented to the court that it would be for the interest of the heirs of said deceased to sell the following described lands, of which the said deceased died seized and possessed, or the purpose of distribution, viz.- the west half of north west quarter, and the west half of south west quarter, section 13, township 11, range 2 east, and south half of east half of north west quarter ol same section and township, all lying and being in the county of Yazoo, and state of Mississippi; and Augustus Slayton and Emiline Slayton, who are the legal heirs of said deceased, reside in the State of Alabama, and therefore out of jurisdiction of the Court, so that citation cannot be served on them ; it is therefore
Ordered by the Court, that all persons interested in the above described property...appear before a Probate Court to be holden in and for the county of Yazoo, at the court house door thereof, in the town of Benton on the 4th Monday in December next, then and there to shew cause if any they can, why the prayer of the petition should not be granted. It is further ordered, that a copy of this decree be given six weekly publication is in the Yazoo City Whig, and the Lexington Union. Attest. Oct 23. GEO. CROCKET, Clerk 6w p f 17 50 [6]

This above publication was ordered by Yazoo County, Probate Court September Term 1841 page 535, #260. [7]

Yazoo County Mississippi Probate Court February Term 1842 page 611-612, #260 [More fully cited in chronological stream below] In the matter of the application of Edwd Exum administrator of James J. Slayton decd made at the [September Term 1841]...Proof of Publication of the Same having been made the heirs being now residents of the state...decreed that [Administrator sell the land on a credit of tweve months]...[8]

Comment: The heirs are named Augustus and Emiline Slayton, and it is assumed by the order of names in the probate that Emiline is not the spouse of James or the mother of Augustus, so perhaps these two are siblings to one another. She could be the spouse of Augustus but the only man with that name traced so far would have been younger than 16 years in 1841. Is James J. Slayton their father, grandfather, uncle, brother, or any other relation who might be named in a will, where those named by testator can be at any degree of relationship, or none at all? A filing of a will for either James Slayton or John Slaton is not yet found in Yazoo Will Books A or B, covering this period, so it is suspected that both died intestate. A "legal heir" in an intestate proceeding is determined by local custom, and if James died intestate with no widow or surviving children, then siblings, nieces and nephews and grandchildren might be considered heirs, [9] but it is equally possible that these are his surviving children. It is not clear that this refers to Augustus Slaton, but this given name is distinctively rare among Slatons.

A distribution of the estate of James J. Slaton to his heirs is sought, but the land was auctioned for only $50. [10]

Probate & deeds, John (dead), James (dead) & Mary (widow)

Comment: 1840 Yazoo census shows no hint of anyone named Slaton or Slayton, and if Mary Slaton is living there, she is in a household where she is not "head." Some of these are repeated from above for a chronological log.

It appears that a John Slaton was dead before September 1841. Finding letters of adminstration (or a proven will) for the deceased John is a Research Need because his date of death is assumed to be after an 1840 land grant for a man by his name. He was clearly married to Mary, because the gist of the probate issues is that a wife in most states has a "dower" right for life to property deeded to her husband, unless she relinquishes it.

Yazoo County, Probate Court September Term 1841 page 535, #260. Edward Exum Administrator of the estate of James J. Slayton, dec'd, having by petition filed, represented to the court that it would be for the interest of the heirs of said deceased to sell the following described lands...all lying and being in the county of Yazoo, and state of Mississippi; and Augustus Slayton and Emiline Slayton, who are the legal heirs of said deceased, reside in the State of Alabama, and therefore out of jurisdiction of the Court, so that citation cannot be served on them...[7]

Yazoo County, Probate Court September Term 1841 page 539, #311 Upon the application and Petition of Mary Slaton widow and relict of John Slaton Decd for appointment of Dower out of...lands of which the said John Slaton died seized and possessed...of which the said Mary Slaton had never relinquished her right of Dower, viz [blank] it appearing to the Court that no administration on said estate have yet been granted and that said Allotment of Dower...has been published in the Yazoo City Whig...[a writ is ordered for the sheriff to summon five discreet freeholders who shall allot to the said Mary Slaton]... [11]

Yazoo County, Probate Court November Term 1841 page 566, #311 Upon the application and Petition of Mary Slaton widow and relict of John Slaton Decd for appointment of Dower out of..lands of which the said John Slaton died seized and possessed...of which the said Mary Slaton had never relinquished her right of Dower, viz the west half of the north east quarter and west half of the south east quarter and north half of east half of north west quarter all in Section 13, Township 11 Range Two east and the east half of the north east quarter of Section 14, Town[ship] 11 Range Two east containing 80 acres and it appearing to the Court that no administration on said estate have yet been granted and that said Allotment of Dower...has been published in the Yazoo City Whig...[a writ is ordered for the sheriff to summon five discreet freeholders who shall allot to the said Mary Slaton...[12]

Yazoo County, Probate Court December Term 1841 page 576, #260 Edward Exum...administrator of the estate of James J. Slayton, dec'd', having represented to the court that the W 1/2 NW 1/4 & W 1/2 SW1/4 Section 13, T 11, R 2E & S 1/2&E 1/2 of NW 1/4 Section 13, T 11, R 2 East is the property of James J. Slayton and which lands were included on an order for writ of dower by the Probate Court Yazoo to be laid off and alloted to Mary Slaton widow of John Slaton Deceased at the November Term 1841...It is order [continued] [13]

Comment: This appears to be a problem between the rights of deceased James's estate versus a writ to allot dower lands to Mary that included James' land. This implies that John and James were probably on adjoining lots. James' administrator, Edward Exum, would not be able to sell James's land with this writ clouding the issue of title.

Yazoo County, Probate Court December Term 1841 page 584, #311 Writs handed to the sheriff for the appointment of commisioners to lay off and allot to Mary Slaton the widow of John Slaton, Deceased her Dower out of the lands of which the said John Slaton died seized and possessed having been returned...[14]

Yazoo County, Probate Court January Term 1842 page 610, #311 Continuance of the application of Edw Exum, admr of James J. Slaton, Deceased, for a change of order  ? of Dower to Mary Slaton out of the lands of which the said John Slaton died seized...[15]

Yazoo County Mississippi Probate Court February Term 1842 page 611-612, #260 In the matter of the application of Edwd Exum administrator of James J. Slayton decd made at the [September Term 1841]. Returnable to the December Court and June? continuously to sell...the east half of North West quarter and west half of South West quarter of Section 13,, Township Eleven Range 2 East and South half of East half of North West quarter of same...in all [200 acres] Proof of Publication of the Same having been made the heirs being now residents of the state...decreed that [Administrator sell the land on a credit of tweve months]...[8].

Comment: This is about 120 acres more than his 1835 grant, but no deeds are registered for this. How did he acquire this land? This also implies that Augustus and Emiline Slayton were in Alabama by September 1841 to sometime before February 1842.

Yazoo County, Probate Court March Term 1842 page 610, #311 Continuance for change order of division of Dower to Mary Slaton, widow of John Slaton, Deceased, made by Edward Exum, admr of James J. Slaton, Deceased...[16]

Yazoo County, Probate Court March Term 1842 page 626, #311 Amendment to the allotment for the Dower of Mary Slaton (land of John Slaton, dec'd) [17]

Yazoo County, Probate Court March Term 1842 page 629, #311 Amendment to the allotment for the Dower of Mary Slaton (land of John Slaton, dec'd) approved [18]

Yazoo County Missssippi Deed Book M p279 - [abstract] Edward Exum, administrator of the Estate of James Slayton, dec'd sell to high bidders at auction, Jane Banks and Kinchen Exum, for $50 at public auction in Benton, lands W 1/2 NW 1/4 & W 1/2 SW1/4 Section 13, T 11, R 2E & S 1/2 of E 1/2 of NW 1/4 of the same section and township...2 May 1842 [10]

Yazoo County Missssippi Deed Book M p 307 - Commissioners to allot dower to Mary Slaton, 2 Aug 1842, rec Dec [19]

Yazoo County, Probate Court August Term 1842 page 25, #311 Filing of commissioner's report pertaining to the allotment for the Dower of Mary Slaton (land of John Slaton, dec'd) [20]

TRUSTEES SALE
In conformity to the provisions of a Deed of Trust, executed by John Slayton on the 4th day of March, 1836, to Nathaniel G. Nye and William D. McKinstry as Trustees, for the purpose of securing the payment of a certain debt therein mentioned...the undersigned (James W. Barnett having been appointed by the Superior Court of Chancery a trustee in said deed in place of Wm. D. McKinstry) will sell to the highest bidder, for cash, in front of the Phoenix House in Yazoo City, (formerly Manchester) on Monday, the 31st March, 1845, between the hours of 11 o’clock, A. M. and 3 o’clock P.M., the following described real and personal estate, viz: slaves Jim, Jenney, Nelly, Harry and Caty, and the following lands, viz: - The west half northeast quarter, west half southwest quarter, west half southeast quarter, west half northwest quarter and north half east half northwest quarter of Section 13, Township 11, Range 2, East – Also the east half northeast quarter of Section 14, Township 11, Range 2, East, containing in all about 480 acres. The title to the above property is believed to be good, but acting as Trustees, we shall only convey such title to the purchaser as is vested in us by said Deed of Trust.
N. G. Nye, James W. Barnett, Trustees
Yazoo City, March 14, 1845 [21]

Yazoo County Missssippi Deed Book N p 470 [abstract] James W Barnett to Deed Kinchen Exum - Whereas on the 4th day of March [1836] One John Slayton, then a resident of [Yazoo County Missssippi] delivered [to Nathaniel G. Nye and William D. McKinstry] a Deed of Trust for the purpose of securing [a certain debt] therein mentioned [embracing] the west half of northeast fourth, the south half of the east half of the north west fourth, Section 13, Township 11, Range 2, East, containing in all about 480 acres....[recorded in the Office of the Probate Court in Book C pages 496 & 97] And [December Term 1844 of the Superior Court of Chancery [James W Barnett was substituted as a trustee in the room of William D. McKinstry] for $550 sell to Kinchen Exum all the above described lands...Mar 31 1845 [22]

Comment: No enslaved persons are mentioned in the deed of sale, and 1830 census gives no indication of enslaved persons in John Slaton's entry. It would appear that John acquired 200 acres beyond the ~280 he was granted, and some was in Section 14. Deeds for this addition are not registered in the County Court records.

Yazoo County Missssippi Deed Book P page [abstract] - Samuel Sorels to Mary Slayton - for $100, 5 acres, running 40 rods east to west and 20 rods North to South north half of east half of northwest quarter section 4 township 11 range 2 west signed 10 Feb 1849 rec 14 Feb 1849 [23]

Summary

Applying Occam’s Razor has led to many mistaken theories about pre1850 American families, when census records show no explicit relationships, and court records and correspondence from that era might be the only source of clues. Determining if multiple adults in a census household were spouses, siblings, or sons or daughters of the head of household cannot be interpreted by the census alone. Nieces, nephews and grandchildren might be counted. "Farming out" children to relatives, friends, and neighbors was common.

Yazoo County was formed from Choctaw lands in 1823, and the Territorial and State returns for Mississippi revealed no Slaton-like surnames to this submitter’s eyes before 1830, when census indicates the presence of a John Slayton.

Land grants list a John Slayton (1831, 1835, and 1840) and James Slayton (1835) in Yazoo County Mississippi. Their land lots, apparently adjacent, are near the border of Madison County, west of the Big Black River and near U.S. 55., the interstate that shadows McCullough Road. A nearby landmark is the Casey Jones Death Plaque, where the "ghost town" of Vaughan used to house a Casey Jones museum, now relocated.

Assuming, perhaps improperly, that the same John is granted three lots, it appears that John Slaton acquired an additional 200 acres to his grants, some in Section 14, because an auction for his land to satisfy a debt he contracted in 1836, involved some enslaved people and 480 acres of land. It appears that he might have borrowed, committing a Deed of Trust that was never fulfilled, prompting an estate auction in 1845. At the completion of that sale , no enslaved people are mentioned in the bill of sale in the court record.

Land transfers without deed registration is risky but avoids court costs, and it appears that both James and John Slaton expanded their land grant holdings, and that John possibly borrowed money for this. John's 480 acres selling for $550 and James' 200 acres selling for $50 should also be noted.

1830 U.S. census for Yazoo is very clearly written, and John Slayton’s codes suggest a man aged between 50- 59 years, a man aged 40-49 years, and a boy under 5 and another 5-9. Females are one each: 40-49, 20-29, and under 5. [24] The oldest female is presumably a spouse, but for which man? An assumption would be that this is Mary, later “widow and relict” of deceased John.

Although a Joseph Slater catches the eye, [25] there are no Slatons or variants in the 1840 Yazoo census, where at least one would be expected. If widow Mary is living there, she is in a household where she is not "head."

All that can be determined by this submitter so far is that James Slayton was dead by January 1841, and John had died by September 1841, leaving a widow Mary. The administrator for James’s estate, Edward Exum, deposes that “the property of James J. Slayton...[was] included on an order for writ of dower by the Probate Court Yazoo to be laid off and alloted to Mary Slaton widow of John Slaton Deceased.” This suggests to this submitter that this prompted an adjustment in Mary’s dower land, because James’s administrator was probably complaining (although that language was not used) that the writ encroached on dead James’ estate, and Mary was complaining that she has dower rights to that land superseding James’s rights. This almost certainly establishes that the lots were adjacent. Commissioners were appointed to report on this issue: the report still being sought. By 1849, Mary Slaton purchased 5 acres from Samuel Sorels for $100, and if the same widow, might have had realized some cash from the 1846 auction.

Unless she remarried, she is not obviously in the 1850 census, at least in Mississippi (the number of Mary Slatons in 1850 census of that age defies positive identifications with this one) and it could be mooted that if she was between 40 and 49 years old in 1830, she might not have lived into that census.

Sources

  1. "United States Census, 1830", , FamilySearch (https://www.familysearch.org/ark:/61903/1:1:XHPN-3LM : Sun Mar 10 11:34:35 UTC 2024), Entry for John Slayton, page 300, Yazoo, Mississippi.
  2. https://glorecords.blm.gov/results/default.aspx?searchCriteria=type=patent|st=MS|cty=|ln=slayton|sp=true|sw=true|sadv=false
  3. 3.0 3.1 https://glorecords.blm.gov/results/default.aspx?searchCriteria=type=patent|st=MS|cty=|ln=slaton|sp=true|sw=true|sadv=false
  4. "Mississippi Probate Records, 1781-1930," images, FamilySearch (https://familysearch.org/ark:/61903/3:1:3QS7-L9QD-F9XK-B?cc=2036959&wc=M7MJ-MTG%3A344535801%2C344593801 : 21 May 2014), Yazoo > Minutes 1834-1842 vol A-B > image 568 of 662; county courthouses and public libraries, Mississippi.
  5. "Mississippi Probate Records, 1781-1930," images, FamilySearch (https://familysearch.org/ark:/61903/3:1:3QS7-L9QD-F9XK-J?cc=2036959&wc=M7MJ-MTG%3A344535801%2C344593801 : 21 May 2014), Yazoo > Minutes 1834-1842 vol A-B > image 572 of 662; county courthouses and public libraries, Mississippi.
  6. Lexington Union [newspaper], Saturday, Nov 6, 1841 online, subscription required, at (https://www.newspapers.com/article/lexington-union/125911594/)
  7. 7.0 7.1 "Mississippi Probate Records, 1781-1930," images, FamilySearch (https://familysearch.org/ark:/61903/3:1:3QS7-99QD-F9XF-Q?cc=2036959&wc=M7MJ-MTG%3A344535801%2C344593801 : 21 May 2014), Yazoo > Minutes 1834-1842 vol A-B > image 610 of 662; county courthouses and public libraries, Mississippi.
  8. 8.0 8.1 ."Mississippi Probate Records, 1781-1930," images, FamilySearch (https://familysearch.org/ark:/61903/3:1:3QS7-99QD-F9X3-F?cc=2036959&wc=M7MJ-MTG%3A344535801%2C344593801 : 21 May 2014), Yazoo > Minutes 1834-1842 vol A-B > image 648 of 662; county courthouses and public libraries, Mississippi.
  9. "Northwest Ordinance (1787)" online at (https://www.archives.gov/milestone-documents/northwest-ordinance) This was followed by many territorial and county courts for intestate succession until individual states codified their laws
  10. 10.0 10.1 "Yazoo, Mississippi, United States records, Oct 30, 2018," images, FamilySearch (https://www.familysearch.org/ark:/61903/3:1:3Q9M-C3QT-6SX5-Y?view=explore : Mar 15, 2024), image 150 of 483; .
  11. "Mississippi Probate Records, 1781-1930," images, FamilySearch (https://familysearch.org/ark:/61903/3:1:3QS7-L9QD-F9XN-M?cc=2036959&wc=M7MJ-MTG%3A344535801%2C344593801 : 21 May 2014), Yazoo > Minutes 1834-1842 vol A-B > image 612 of 662; county courthouses and public libraries, Mississippi.
  12. "Mississippi Probate Records, 1781-1930," images, FamilySearch (https://familysearch.org/ark:/61903/3:1:3QSQ-G9QD-F9XF-5?cc=2036959&wc=M7MJ-MTG%3A344535801%2C344593801 : 21 May 2014), Yazoo > Minutes 1834-1842 vol A-B > image 626 of 662; county courthouses and public libraries, Mississippi.
  13. "Mississippi Probate Records, 1781-1930," images, FamilySearch (https://familysearch.org/ark:/61903/3:1:3QS7-89QD-F9XP-5?cc=2036959&wc=M7MJ-MTG%3A344535801%2C344593801 : 21 May 2014), Yazoo > Minutes 1834-1842 vol A-B > image 631 of 662; county courthouses and public libraries, Mississippi.
  14. "Mississippi Probate Records, 1781-1930," images, FamilySearch (https://familysearch.org/ark:/61903/3:1:3QSQ-G9QD-F9XX-8?cc=2036959&wc=M7MJ-MTG%3A344535801%2C344593801 : 21 May 2014), Yazoo > Minutes 1834-1842 vol A-B > image 638 of 662; county courthouses and public libraries, Mississippi.
  15. "Mississippi Probate Records, 1781-1930," images, FamilySearch (https://familysearch.org/ark:/61903/3:1:3QSQ-G9QD-F9XX-8?cc=2036959&wc=M7MJ-MTG%3A344535801%2C344593801 : 21 May 2014), Yazoo > Minutes 1834-1842 vol A-B > image 638 of 662; county courthouses and public libraries, Mississippi.
  16. "Mississippi Probate Records, 1781-1930," images, FamilySearch (https://familysearch.org/ark:/61903/3:1:3QS7-99QD-F9X3-F?cc=2036959&wc=M7MJ-MTG%3A344535801%2C344593801 : 21 May 2014), Yazoo > Minutes 1834-1842 vol A-B > image 648 of 662; county courthouses and public libraries, Mississippi.
  17. "Mississippi Probate Records, 1781-1930," images, FamilySearch (https://familysearch.org/ark:/61903/3:1:3QS7-89QD-F9XX-K?cc=2036959&wc=M7MJ-MTG%3A344535801%2C344593801 : 21 May 2014), Yazoo > Minutes 1834-1842 vol A-B > image 658 of 662; county courthouses and public libraries, Mississippi.
  18. "Mississippi Probate Records, 1781-1930," images, FamilySearch (https://familysearch.org/ark:/61903/3:1:3QS7-89QD-F9XF-M?cc=2036959&wc=M7MJ-MTG%3A344535801%2C344593801 : 21 May 2014), Yazoo > Minutes 1834-1842 vol A-B > image 659 of 662; county courthouses and public libraries, Mississippi.
  19. "Yazoo, Mississippi, United States records, Oct 30, 2018," images, FamilySearch (https://www.familysearch.org/ark:/61903/3:1:3Q9M-C3QT-6SVX-Q?view=explore : Mar 15, 2024), image 164 of 483; .
  20. "Mississippi Probate Records, 1781-1930," images, FamilySearch (https://familysearch.org/ark:/61903/3:1:3QS7-89QD-ZKXP?cc=2036959&wc=M7MJ-HTL%3A344535801%2C344609801 : 21 May 2014), Yazoo > Minutes 1842-1849 vol C-D > image 18 of 703; county courthouses and public libraries, Mississippi.
  21. THE WEEKLY AMERICAN BANNER (Yazoo City, Mississippi), 28 March 1845, Fri. Page 2
  22. "Yazoo, Mississippi, United States records, Oct 30, 2018," images, FamilySearch (https://www.familysearch.org/ark:/61903/3:1:3Q9M-C3QT-6SRB-T?view=explore : Mar 15, 2024), image 250 of 425.
  23. "Yazoo, Mississippi, United States records, Oct 30, 2018," images, FamilySearch (https://www.familysearch.org/ark:/61903/3:1:3Q9M-C3QT-6WLF?view=explore : Mar 15, 2024), image 258 of 414; .
  24. "Mississippi, United States records, Aug 6, 2018," images, FamilySearch (https://www.familysearch.org/ark:/61903/3:1:33S7-9YTY-3T5?view=explore : Mar 15, 2024), image 551 of 581; United States. National Archives and Records Administration.
  25. "Attala, Mississippi, United States records, Aug 4, 2018," images, FamilySearch (https://www.familysearch.org/ark:/61903/3:1:33S7-9YBC-998Y?view=explore : Mar 16, 2024), image 1118 of 1137; United States. National Archives and Records Administration.

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