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Re: Micajah, Nehemiah, Francis & William Posey of SC & GA
Posted by: Jonathan Booth (ID *****1659) Date: October 20, 2007 at 22:57:08
In Reply to: Re: Micajah, Nehemiah, Francis & William Posey of SC & GA by Joy McDaniel of 3039

Joy,

Thanks for your additional comments, which make much sense.

I have two questions/comments about the earlier Nehemiah posting with all the land and other records.

The first is that the posting notes a 17 Jun 1767 marriage date for Nehemiah and Anna. The online records I've seen all show it was exactly 10 years later (i.e. 17 Jun 1777). Is 1767 a typo, or are the other online records wrong? See <http://www.accessgenealogy.com/scripts/data/database.cgi?file=Data&report=SingleArticle&ArticleID=0012708>, <http://ftp.rootsweb.com/pub/usgenweb/nc/chatham/vitals/posey01.txt> and <http://ftp.rootsweb.com/pub/usgenweb/ga/pulaski/vitals/marriages/marriages-nr.txt>.

If 1777 is correct, and John of Telfair Co. was b. in 1772 (per the census), Nehemiah had to have an earlier wife. Nehemiah Jr. would also have to be assigned to the first wife, since he was named as a witness in Shadrack Dees' will dated 17 Mar 1797. That is, he had to be of age to be a witness, so he would have to be b. bef 17 Mar 1776 (i.e. before the Nehemiah/Anna marriage).

The second question relates to the 1790 census for Orangeburg Co., SC that is referenced to suggest that Humphrey was Nehemiah's eldest son, b. 1768. The original census sheet (on ancestry.com) lists the names Nehemiah Poesey, Anna Trantham, and Humphrey Poesey on 3 consecutive lines. 16 lines below this is an entry for Humphrey Poesey (all names consistently recorded as 'Poesey' - searching for 'Posey' will miss them). While it is logical to view the 1st Humphrey as Nehemiah and Anna's son since he appears to be living next door to Anna, the census sheets clearly label him 'Junior'. His father therefore could NOT be Nehemiah, but rather had to be another Humphrey - most probably the Humphrey 16 lines below. Since Humphrey Junior is shown as age 16 or older (i.e. b. bef 1774), he would also have to be b. bef the 1777 marriage date for Nehemiah and Anna (if 1777 is the correct year).

If the above is valid, it indicates that the 2 sons under 16 in Anna Trantham's household in 1790 were in all probability born after her 1777 marriage to Nehemiah. More importantly, I would like to suggest the 2 sons may very well have been the same Benjamin and Humphrey who acted with Anna as executors of Nehemiah's estate.

The 5 Dec 1823 court case you posted - that calls Drucilla Posey 'executor in her own wrong' of Nehemiah's estate - is key to unraveling an apparent family feud. 'Executor in her own wrong' refers to someone the court determines is 'meddling' in an estate without having the legal right to do so. The court can then order that person to stop their 'meddling'. See a chapter on this term at <http://books.google.com/books?id=QD09AAAAIAAJ&pg=PA296&dq=%22his+own+wrong>. It is a standard legal term that surely meant the same thing in the Pulaski Co. probate court.

Also recall that Anna had a copy of her marriage certificate on file in Pulaski Co. - a highly unusual occurrence by all accounts. This is highly suggestive that while Anna was but one of several wives, she was the only one who could prove to the court she was legally married. That certificate provided Anna the necessary credential to become Nehemiah's legal executor (along with her sons Humphrey and Benjamin) in preference to any and all other 'undocumented' wives (one of whom was probably Drusilla). One also suspects that Anna and her 2 sons then made sure that any of Nehemiah's children by his other wives were excluded from the settlement. When Druscilla tried to interfere - perhaps by taking furniture or other property she felt were rightfully hers - the court then ordered her to stop since she was without any legal right (i.e. a marriage certificate) to do so.

I have some other comments, but these seem the most important for now. Feel free to point out the flaws in the above interpretation.

Jonathan


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