When A Will Doesn’t Exist-Jonathon A. Proctor and Sarah Cutchin

Jonathon A. Proctor was born circa 1784 in NC.1,2,3,4,5

Jonathon A. Proctor married Sarah Cutchin, daughter of Samuel Cutchin and Mourning Hudnall, on 8 Mar 1808 in Edgecombe County, NC.6

Jonathon and Sarah became the parents of Unknown female Proctor between 1808 and 1810 in Edgecombe County, NC.

Jonathon A. Proctor was enumerated as the head of a family on the 1810 census in 1810 in the Bullock’s District of Edgecombe County, NC. Based on ages, it is possible that the following were also living in the household:, Unknown female Proctor, a free white female, age newborn to ten years of age, Sarah Cutchin, a free white female, age sixteen to twenty-six years of age.

Jonathon and Sarah became the parents of Martha Proctor between 1810 and 1820 in Davidson County, TN.

John A. Prockter paid taxes in 1812 in Davidson County, TN. He paid taxes on 45 1/2 acres and one white pole.7 As of this writing, the Grantee index books for Davidson County, TN are not online for 1784-1871, so we do not know if John Proctor purchased land during this time period.

Jonathon and Sarah became the parents of Nancy Proctor in 1816 in Davidson County, TN.8

Jonathon and Sarah became the parents of Elizabeth Proctor in 1820 in Davidson County, TN.9

Beginning on 07 August 1820, the 1820 census enumeration was the first to ask about naturalization status. Jonathon A. Proctor was listed as the head of a family on the 1820 census of Davidson County, TN. Based on ages, it is possible that the following were also living in the household:, Martha Proctor, Nancy Proctor and Elizabeth Proctor, free white females, age newborn to ten years of age, Unknown female Proctor, a free white female, age ten to sixteen years of age, Sarah Cutchin, a free white female, ages twenty-six to forty-five years of age.10

Jonathon and Sarah became the parents of Unknown female Proctor between 1821 and 1825 assumedly in Davidson County, TN.

Jonathon and Sarah became the parents of Unknown male Proctor between 1821 and 1825 assumedly in Davidson County, TN.

Jonathon and Sarah became the parents of Alexander Proctor in 1828 in Davidson County, TN.11

John A. Prockter paid taxes in 1829 in Davidson County, TN. He paid taxes on 65 acres and one white pole.

Jonathon A. Proctor sold 45 acres of land to Samuel Cutchin on 14 Jan 1829 on the banks of Mill Creek located in Davidson County, TN.12 Jonathon A. Proctor sold 45 acres of land to Samuel Crutchens on 17 Feb 1829. This land is being processioned.13

Jonathon A. Proctor was listed as the head of a family on the 1830 census in 1830 of Davidson County, TN. Based on ages, it is possible that the following were also living in the household:. John Proctor was enumerated in Davidson County, TN in 1830. He is 30-39 years old. He has one male 20-29, and 2 males under 5 living in his household. Sarah is 30-39 and they have 2 females 15-19, 2 10-14 living in the household. He does not own any slaves.14

Jonathon and Sarah became the parents of Thomas F. Proctor in 1831 in TN.15

Samuel Cutchin’s estate was sold in Jan 1831 in Davidson County, TN. Jonathon A. Proctor was listed as buying property. When Samuel Cutchin died in 1831, John A Proctor purchased 3 weeding hoes, for .31 1/4, 1 pickling tub for .50, 1 lot of old books, .18 3/4, 5 bushels of rye at 30 for 1.50, 1 lot of split baskets for .81.5, 1 pot and hooks and gridiron for 1.25, 1 negro boy Peter, a slave for $550.00.16

Jonathon A. Proctor bought a slave, Peter Unknown from Samuel Cutchin in 1832 in Davidson County, TN. When Samuel Cutchin died, John A. Proctor purchased a slave, a boy named Peter from his estate for $550.00. Peter was a male, age 10-23 in 1840.16

Jonathon A. Proctor witnessed the will of Phillip Wolf on 2 May 1836 in Davidson County, TN. Page 141, May 2, 1836, P Wolf will proved – A paper purporting to be the last will and testament of Philip Wolf decd was produced in open court for probate and proved thus: John A Proctor and B B Williams two of the subscribing witnesses thereto being duly sworn depose and say that they became such the subscribing witnesses to said paper writing being duly sworn depose and say that they became such in the presence of said decedent and at his request and in the presence of each other and that they verily believe that he was of sound mind and memory at the time of executing said paper writing. It is therefore ordered that said paper writing be admitted to record as the last will and testament of the said Philip Wolf decd. Whereupon Enoch Ensley one of the executors named in said will came into court and renounced acting as such, & George Wolf the other executor mentioned in said will also appeared in court and gave bond in the sum of five thousand dollars with Joel A Battle, John B Hodges & John A Proctor his securities and qualified according to law. Ordered that he have letters testamentary granted him. ~http://freepages.history.rootsweb.ancestry.com/~nashvillearchives/minbookbapr36.html.

John A. Prockter paid taxes in 1839 in Davidson County, TN. he paid taxes on either 48 acres or .48 acres. Hard to tell.

Article I, section 2, of the U.S. Constitution requires that a decennial population census, a nationwide enumeration or count of the population, be taken every 10 years. The 1840 census included a special inquiry regarding pensioners for Revolutionary or military service. This section named persons who were either family heads or members and specified the pensioner’s age, not just a range of ages. Jonathon A. Proctor was listed as a head of a family on the 1840 census in the 6th Civil District of Davidson County, TN. Based on ages, it is possible that the following were also living in the household: Thomas F. Proctor and Alexander Proctor, free white males, age ten to fifteen years old, Unknown male Proctor, a free white male, age fifteen to twenty years old, Elizabeth Proctor and Unknown female Proctor, free white females age fifteen to twenty years old, Sarah Cutchin, a free white female age forty to fifty years old. John Proctor is the only Proctor in Davidson County in 1840. He was 50-59. He had two males 10-14 and 1 15-19. Sarah was 40-49. They had two females 15-19. By this time he also owned one slave, a male age 10-23. This is the slave, Peter that he bought from Samuel Cutchin’s estate in 1831.17

Jonathon A. Proctor sold 45 acres of land to Alvah Gilman on 20 Feb 1843 in the 6th District of Davidson County, TN.18

The 1850 Federal Population census was the first to record each person’s name, their specific age, and the occupation of those over age 15. It gave their place of birth, and value of any real estate they owned. Enumeration began on 01 Jun 1850. John A. Proctor (age 66) was listed as the head of the household on the 1850 Census in 1850 in the 6th Civil District of Davidson County, TN. Residing in the same household was Sarah Proctor (age 63), Elizabeth Proctor (age 30), Alexander Proctor (age 22), Thomas Proctor (age 19). John was a farmer. He owned real estate valued at $600. John is the only Proctor living in Davidson County, TN.19

Jonathon A. Proctor sold land to Nelson P. Carter on 3 Feb 1853 in the 6th District of Davidson County, TN. Carter was a nearby neighbor in 1853.20

Jonathon A. Proctor sold land to Joel A. Battle on 19 Mar 1853 in the 6th District of Davidson County, TN. My guess is that he moved soon thereafter to Williamson County.21

The 1860 Federal population census schedules were almost identical to those for 1850, but the 1860 census was the first to inquire about the value of each free person’s personal estate. Enumeration for this census began on 01 Jun 1860. Jonathon A. Proctor was listed as the head of the household on the 1860 Census in 1860 in the East Division of Williamson County, TN. Residing in the same household was Sarah Cutchin, Thomas F. Proctor, Elizabeth Proctor. He was a farmer. He owned real estate valued at $275. He owned personal property valued at $200.22

Jonathon A. Proctor died without leaving a will in Davidson County, TN. In 1860, John is living with his wife, son Thomas and daughter Elizabeth. In 1870, Thomas and Elizabeth are living together in Davidson County, TN. My guess is that Thomas continued to live in the house his parents owned and no will was necessary, as John Proctor owned very little actual propety by the time of his death.23,24

Jonathon A. Proctor died between 1860 and 1870 in TN. Thomas is the head of household in Davidson County, with Elizabeth, his sister living with the family in 1870. They are living next to John McAlpine in 1870 and their parents have not been found. It is assumed that John and Sally Proctor both died between 1860 and 1870.

Jonathon A. Proctor died without leaving a will in Williamson County, TN. Although John lived in Davidson County, his property was close to the county line and in 1860, he was enumerated in Williamson County, TN, so a search of will books there were necessary to prove he died intestate.25,26,27

6th District showing McCalpin and Proctor homes in 18711871 Map showing the 6th Civil District where John A. Proctor lived.  Shown is the home of his son Thomas F. Proctor and son-in-law, John W. McAlpin. (Macoppin)

Endnotes

1. Jonathon Proctor household, Edgecombe County, NC Federal Population Census: Page 724. Viewed online 29 Dec 2016 at http://www.FamilySearch.org. Microfilmed copy of original record can be found in 1810 Federal Population Census, Duplin, Edgecombe, Franklin, Gates, Granville, Guilford, Haywood, Hertford, Hyde, Iredell, Johnston, Jones, Lenoir, and Lincoln Counties, NC, (National Archives Microfilm M32, Roll 40), National Archives, Washington,, D. C. Photocopy in possession of author. Estimated date(s) of birth: between 1786 and 1794. Hereinafter cited as 1810 Edgecombe County, NC-Proctor, Jonathon: #3932.

2. Johnathon Proctor household, Davidson County, TN Federal Population Census: Page 121. Viewed online 30 Dec 2016 at http://www.FamilySearch.org. Microfilmed copy of original record can be found in 1820 Federal Population Census, Bedford, Davidson, Hardin, Hickman, Humphreys, Montgomery, Overton, Perry, Warren, Wayne, White, and Wilson Counties, TN, (National Archives Microfilm M33, Roll No. 122), National Archives, Washington, D. C. Estimated date(s) of birth: between 1776-1794. Hereinafter cited as 1820 Davidson Co., TN-Johnathon Proctor: #3580.

3. John Proctor household, Davidson County, TN Federal Population Census: Page 250. Viewed online 30 Dec 2016 at http://www.FamilySearch.org. Microfilmed copy of original record can be found in 1830 Federal Population Census, Bedford, Carroll, Davidson, Dickson, & Dyer Counties, TN, (National Archives Microfilm M19, Roll No. 174), National Archives, Washington, D. C. Estimated date(s) of birth: between 1790 and 1800. Hereinafter cited as 1830 Davidson Co., TN-John Proctor: #3581.

4. John Proctor household, Davidson County, TN Federal Population Census: Page: 322; Image: 664. Viewed online 30 Dec 2016 at http://www.FamilySearch.org. Microfilmed copy of original record can be found in 1840 Federal Population Census, Dickson, DeKalb, & Davidson Counties, TN, (National Archives Microfilm M704, Roll No. 520), National Archives, Washington, D. C. Photocopy in possession of author. Estimated date(s) of birth: between 1780 and 1790. Hereinafter cited as 1840 Davidson Co., TN-John Proctor: #3571.

5. John A. Proctor household, Davidson County, TN Federal Population Census: Civil District 6, Page 16, Dwelling 115, Family 115, Lines 24-28. Viewed online 16 Dec 2014 at http://www.ancestryheritagequest.com. Microfilmed copy of original record can be found in 1850 Federal Population Census, Coffee & Davidson Counties, TN, (National Archives Microfilm M432, Roll No. 875), National Archives, Washington, D. C. Photocopy in possession of author. Estimated date(s) of birth: He was enumerated as 66 years of age.. Hereinafter cited as 1850 Davidson Co., TN-John A. Proctor: #3570.

6. Jonathon Proctor and Sally Cutchin: Marriage License (08 Mar 1808). Edgecombe County, NC. Viewed online on 29 Dec 2016 searching North Carolina, County Marriages, 1762-1979 at http://www.FamilySearch.org. Microfilmed copy of original record can be found in Edgecombe County, NC, Marriage Bonds 1741-1868 (N-W), North Carolina Division of Archives and History, Raleigh North Carolina, Family History Library Film 296817. Photocopy in possession of author. Hereinafter cited as Marriage, Proctor-Cutchin, #2983.

7. John Proctor, 1812 tax entry: Davidson County, TN. Hereinafter cited as Tax roll-John Proctor, #3784.

8. J. H. Hubbard household, Davidson County, TN Federal Population Census: Supervisor’s District 6, Enumeration District 121, Civil District 6, Sheet 8 A, Dwelling 125, Family 126, Lines 45-49. Viewed online 31 Aug 2015 at http://www.FamilySearch.org. Microfilmed copy of original record can be found in 1900 Federal Population Census, Davidson County (part), TN, (National Archives Microfilm T623, Roll No. 1565), National Archives, Washington, D. C. Photocopy in possession of author. Hereinafter cited as 1900 Davidson Co., TN-J. H. Hubbard.

9. 1850 Davidson Co., TN-John A. Proctor: #3570. Estimated date(s) of birth: She was enumerated as 30 years of age.

10. 1820 Davidson Co., TN-Johnathon Proctor: #3580.

11. 1850 Davidson Co., TN-John A. Proctor: #3570. Estimated date(s) of birth: He was enumerated as 22 years of age.

12. John A . Proctor to Samuel Crutchens: Davidson County, TN, Deed Book S, Page 46. Written on 14 Jan 1829. Filed on 25 Feb 1829 Viewed online at http://www.FamilySearch.org on 30 Dec 2016 (index only). Microfilmed copy of original record can be found in Davidson County, TN, Deed Books S-T 1829-1833, Roll 0007, Tennessee State Library and Archives, Nashville TN, Family History Library Film 332665. Hereinafter cited as Proctor-Crutchens, Deed, #3975.

13. John A. Proctor Land Processioned: Davidson County, TN, Deed Book S, Page 645. Written on 17 Feb 1820 (I believe this is a typo). Filed on 13 Nov 1830 Viewed online at http://www.FamilySearch.org on 30 Dec 2016 (index only). Microfilmed copy of original record can be found in Davidson County, TN, Deed Books S-T 1829-1833, Roll 0007, Tennessee State Library and Archives, Nashville TN, Family History Library Film 332665. Hereinafter cited as Proctor, Land Processioned, #3976.

14. 1830 Davidson Co., TN-John Proctor: #3581.

15. 1850 Davidson Co., TN-John A. Proctor: #3570. Estimated date(s) of birth: He was enumerated as 19 years of age.

16. Samuel Cutchin: estate sale (January 1831), Davidson County, TN Will Book 9, Page 508-09. Viewed online on 30 Dec 2016 at http://www.familysearch.org. Microfilmed copy of original record can be found in Davidson County, TN, Will Books 8-9 (1821-1832), Roll 0429, Tennessee State Library and Archives, Nashville TN. Hereinafter cited as Samuel Cutchin, Estate Sale, #3980.

17. 1840 Davidson Co., TN-John Proctor: #3571.

18. John A . Proctor to Alvah Gilman: Davidson County, TN, Deed Book 7, Page 406. Written on 20 Feb 1843. Filed on 19 Apr 1845 Viewed online at http://www.FamilySearch.org on 30 Dec 2016 (index only). Microfilmed copy of original record can be found in Davidson County, TN, Deed Books 7-9 1844-1847, Roll 0013, Tennessee State Library and Archives, Nashville TN, Family History Library Film 332671. Hereinafter cited as Proctor-Gilman, Deed, #3977.

19. 1850 Davidson Co., TN-John A. Proctor: #3570.

20. John A . Proctor to Nelson P. Carter: Davidson County, TN, Deed Book 17, Page 22. Written on 03 Feb 1853. Filed on 04 Feb 1854 Viewed online at http://www.FamilySearch.org on 30 Dec 2016 (index only). Microfilmed copy of original record can be found in Davidson County, TN, Deed Books 16-18 1852-1854, Roll 0017, Tennessee State Library and Archives, Nashville TN, Family History Library Film 332675-6. Hereinafter cited as Proctor-Carter, Deed, #3978.

21. John A . Proctor to Joel A. Battle: Davidson County, TN, Deed Book 31, Page 180. Written on 19 Mar 1853. Filed on 29 Apr 1860 Viewed online at http://www.FamilySearch.org on 30 Dec 2016 (index only). Microfilmed copy of original record can be found in Davidson County, TN, Deed Books 31-32 1860-1863, Roll 0022, Tennessee State Library and Archives, Nashville TN, Family History Library Film 332681. Hereinafter cited as Proctor-Battle, Deed, #3979.

22. J. A. Proctor household, Williamson County, TN Federal Population Census: Eastern Division, Page 211, Dwelling 438, Family 426, Lines 22-25. Microfilmed copy of original record can be found in 1860 Federal Population Census, White & Williamson Counties, TN, (National Archives Microfilm M653, Roll No. 1279), National Archives, Washington, D. C. Hereinafter cited as 1860 Williamson Co., TN-J. A. Proctor: #3582.

23. John Proctor died intestate (1859-1865), proven intestate after an exhaustive search of Will Book 18-19. Viewed online on 20 Jun 2013 at http://www.familysearch.org. Microfilmed copy of original record can be found in Davidson County, TN, Will Books 18-19 1859-1865, Roll 0434, Tennessee State Library and Archives, Nashville TN. Hereinafter cited as John Proctor-Intestate, #3578.

24. John Proctor died intestate (1861-1871), proven intestate after an exhaustive search of Will Book 20-21. Viewed online on 20 Jun 2013 at http://www.familysearch.org. Microfilmed copy of original record can be found in Davidson County, TN, Wills, Inventories and Settlements 19-21 1861-1871, Roll 0435, Tennessee State Library and Archives, Nashville TN. Hereinafter cited as John Proctor-Intestate, #3578.

25. John Proctor died intestate (1878-1888), proven intestate after an exhaustive search of Will Book 12 and 13. Viewed online on 20 Jun 2013 at http://www.familysearch.org. Microfilmed copy of original record can be found in Williamson County, TN, Will Books 12-13 Oct 1855-Jul 1864, Roll 092, Tennessee State Library and Archives, Nashville TN. Hereinafter cited as John Proctor-Intestate, #3575.

26. John Proctor died intestate (1864-1870), proven intestate after an exhaustive search of Will Book 14 and 15. Viewed online on 20 Jun 2013 at http://www.familysearch.org. Microfilmed copy of original record can be found in Williamson County, TN, Will Books 14-15 Jul 1864-Aug 1870, Roll 093, Tennessee State Library and Archives, Nashville TN. Hereinafter cited as John Proctor-Intestate, #3576.

27. John Proctor died intestate (1864-1870), proven intestate after an exhaustive search of Will Book 16 and 17. Viewed online on 20 Jun 2013 at http://www.familysearch.org. Microfilmed copy of original record can be found in Williamson County, TN, Will Books 16-17 Aug 1870-Feb 1878, Roll 094, Tennessee State Library and Archives, Nashville TN. Hereinafter cited as John Proctor-Intestate, #3577.

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