James Rogers Capps (1809/1850)
Child of Cason and Polly Rogers Capps

From the marriage records of Orange Co, NC, we find that James R. (Rogers) Capps (1809/1850) married Mary "Polly" Teer (Polly Tier on the marriage records) on December 24, 1832 in Orange County, NC. The bondsman was J.C. Turrentine. James R. Capps' parents were Cason Capps and Mary "Polly" Rogers Capps, the daughter of William and Elleada McNeely Rogers. Polly Teer's parents were Luke and Jenny Ruth Clendenin Teer, the daughter of William and Mary Ray Clendenin.

From the early Orange County estate records we find that Polly Teer and husband James Capps were still in Orange County in 1833. James and his brother Robert were named the executors of the estate of their father, Cason Capps, in that year. We also find James R. sold his real property to his brother Robert Capps.

From the census data we find a daughter, Nancy Ann Capps. It is near certain she was born in 1834 in Orange County. Grandfather, Luke Teer, left Nancy Ann Capps $200 in his controversial 1842 will. He made no mention of other children of Polly Teer Capps. We are certain that Luke was aware of Polly Capps' death because she is not mentioned in his will, only Nancy Ann Capps. From Luke's will we quote the passage as it relates to Nancy Ann Capps: "Fourthly I give and bequeath to my Granddaughter Nancy Ann Capps, the daughter of Mary Capps two hundred dollars after my wife's death."

There had been a terrible drought in Orange County in the era of 1820-1830. The lands had been farmed for a long period of time and was "wearing out" as a result of not replenishing the nutrients in the soil, along with other poor farming practices. Since James Rogers Capps' brother, William Rogers Capps, had migrated to Williamson County, TN in about 1815 and then on to Carroll County, which was actually Chickasaw Indian lands, it seems natural that James, Polly and their new daughter would move there. James R. is found in Gibson County in 1836 where he purchased items at the Henry Capps' estate sale.

We do not know when nor where Mary (Polly) Teer died. The serious Capps researchers that we have spoken to think she died on the way to TN or shortly after arriving there, "from the fever."

Due to her marriage date of 1832 and a daughter being born in 1834 we now conclude that Polly Teer Capps was born about 1810, certainly in Orange County, NC and certainly the daughter of Luke TEER, not Tier.

In the census data and marriage records of Carroll County we find that James R. Capps remarried on December 1, 1838, to a "Sarah Justice" one year younger than he. (Note that the census data is inconclusive about Sarah's age. She is shown as 40 in 1850, 46 in 1860, and in 1870 she is shown as being 47.) The census data shows James R. as being born about 1809. From Sarah's father, William McClure's, will, probated in Carroll Co. TN in May 1857, she is revealed as the widow of James Justice. (His full name was James Gray Justice.) This will is in Will Book A, Carroll County, TN (September, 1822-1864), Pages 287-291. The passages of interest in this will are: "...I do give to James Justice Decd and my daughter Sarah Justice now is Sarah Capps one horse and saddle worth $75.00 and cow and calf $20.00. Done received." Surely this ESTABLISHES that Sarah Justice was Sarah McClure Justice at the time of her marriage to James R. Capps. Note the above will also references the following: "...The Judgement that I had to pay for James Capps that was sold to Dell I wish it to come out of her estate that is to come out of my Estate the Judgement is about $75.00 interest."

From research on the James Justice family we find that Sarah already had two children by James Justice when she married James Rogers Capps. They were: Bennett Justice, born about 1834 and Elizabeth Jane Justice, born about 1836. This is ESTABLISHED from the guardian records and administrator's bonds, in the court records of Carroll County, TN. In the Carroll County Court Minutes, 1843-1850, Part II, Page 224, dated, July Term 1846, the following is recorded: "This Day Allen A. Justice (brother of James Justice) came into Court and renewed his guardian's bond as the law requires for Bennett M. and Jane Justice, minor ORPHANS of James J. Justice, deceased in the sum of five hundred dollars with Benjamin Woodard & Green Utley, as his securities, who all came into Court and acknowledged the due execution of the same which the Court received and approved and ordered to be filed."

(Note records of Sarah and James Justice's marriage have not yet been located, however, this blessed event is believed to have occurred about 1832/3.)

These two children have caused considerable confusion and arguments among Capps researchers. This is because they were sometimes identified as Capps children, particularly Jane. In the 1850 census, Jane is listed in the Capps household, incorrectly, as a CAPPS, however, Bennett was not so listed, and never was as far as has been found to date. After a careful review of all available documents, the conclusion is made that the 1850 census taker was mistaken.

County records of Elizabeth Jane Justice are confusing. It appears she married Neely Moore in 1855 as "El Justice." But no trace of him has been found and there appears to have been no children from this marriage. In 1858 she married William Henry Curlee in Carroll County. They moved to Red River, TX shortly before 1860, along with some neighbors and relatives. The whereabouts of Bennett Justice after 1859 is unknown at this time.

Note that Nancy Ann Capps was not shown in the James R. Capps household in the 1850 census. Nancy Ann is shown in the house of Joseph Hampton, next door to James R. and Sarah. This area, in this period of time, had a terrible epidemic of yellow fever. Possibly she was there to escape the disease, or because of it. (Note in the next paragraph that Joseph Hampton had been appointed one of her two securities, probably before the census was taken.)

On June 3, 1850 James R. was appointed guardian of Nancy Ann, his daughter, along with Joseph Hampton and James M. Young as securities. This can be found in Gibson County, TN "Bond & Wills 1846-1852, Book D, page 249. The most likely reason for this is that grandfather Luke's wife had died and Nancy Ann was sent the $200 provided her by her grandfather's will. But why would Nancy Ann's father, and others, need to be appointed her guardian and securities by the courts? (The bond was for $500, could it be that it took all three of them to be worth $500?) The explanation for the guardian is this: in that period, when a minor received an inheritance the courts appointed a guardian to assure the money was used or retained for the child's benefit and not squandered in some tavern. The guardian had to make reports to the courts about expenditures, interest income, and other financial matters concerning the minor.

James R. and Sarah were living in Carroll County before moving to Gibson County. In the Chancery Court Records, of Carroll County, we find the following: On October 1, 1841, James R. bought two tracts of land from George T. Ridley for $200. This property was estimated to be 57 acres and was lying in the 4th district, on Clear Creek, in Carroll County. This is the first time that James R. is shown in the deed records in Carroll County. Ridley acknowledged the deed in May, 1844 and it was registered in July, 1844. (Deed Book F, Page 150) On December 7, 1842, James R. sold this same property to R.D. Shoffner for $200. It was acknowledged by witnesses in January, 1844 and registered March 1844. (Deed Book F, Page 76) At the same time, James R. agreed to purchase from Shoffner 112 1/2 acres for $393.75. James R. gave Shoffner notes for payment and Shoffner was to make him a deed. In December, 1843 James R. filed suit against Shoffner in Chancery Court. He claimed Shoffner had: [1] knowingly sold him an "unhealthy place," [2] had sold his notes to Oliver Huffman, [3] had failed to make him a deed, and [4] had no clear deed to the property in the first place. Depositions were taken of both sides. In summary, James R. had been sick while living on the land. He claimed the land and/or water on the place contained something that caused a disease called "milksick" that killed animals and caused illness in people and that Shoffner knew of this. The property was in the vicinity of Crutchfield's mill in the 10th District. The court papers indicate that James R. was not living on the property at the time of the lawsuit, having already moved away, possibly to Gibson County. In August 1844, the Carroll County Chancery Court granted a decree in James R.'s favor. In October 1844 Shoffner won an appeal to be heard April, 1845 in the Supreme Court in Jackson, TN. Shoffner was bound to James R. in the amount of $600 and cost if he defaulted. These Supreme Court records are probably in Madison County and could contain more depositions and a final judgement. These records have not been researched to date.

Authors note: Later research reveals that the classic "milksick" of this period of time was, in fact, cause by cows eating "white snake root plants" and passing the toxin produced onto the milkdrinkers, thus mildly poisoning them.

James R. was living in the 17th district of Gibson County, somewhere in the vicinity of the community of Skullbone, probably to the southwest of there, when the October 21, 1850 census was taken. At the December term of court in 1850 a guardian was appointed for Nancy Ann Capps, "minor orphan of James R. Capps, DECEASED." This can be found in Gibson County, "Wills & Bonds 1846-1852," Book D, Page 275. This particular paper is dated December 2, 1850. SURELY THIS INDICATES, WITH A HIGH DEGREE OF CERTAINTY, THAT JAMES R. CAPPS DIED BETWEEN OCTOBER 21, 1850 AND DECEMBER 2, 1850!

Apparently Sarah McClure Justice Capps moved back to Carroll County after James R.'s death. An Administrator's Bond for Sarah Capps, in the amount of $300, was filed in Carroll County, December Term of court, dated December 4, 1854. John McClure, her brother, and Lemuel Stout were her securities. Shortly after February, 1855, Sarah filed an inventory record of James R.'s estate. From reviewing the inventory papers and considering the administrator's bond was only $300 we can establish it was a rather small estate. There are reports of papers concerning James R.'s estate as late as 1858. We think this was when Nancy Ann turned 21 and part of her father's estate passed to her.

Little else is known of James R. Capps. Some Capps researchers say he is buried in Mt. Herman Cemetery in Weakley County, TN, in an unmarked grave While others say he is in Mt. Herman Cemetery in Gibson TN. Others say this is the same cemetery and the county lines have been changed several times in this area in the last 150 years. Sarah is supposedly buried there also, and she is reported as having a marker. This appears now to be unlikely because we know James R. died just prior to 1851. Further research shows this particular cemetery was started about 1880. Also, according to census data this cemetery is not near the area that James R. and family was known to have lived. A graveyard registry, "Quoted May 4, 1939 for Mt. Herman Graveyard, Weakley County" does not list any Capps or Justices buried there.

These researchers are unaware of Sarah McClure Justice Capps death date or place. She and son Edward are known to have been living in the 3rd District of Carroll County when the 1870 census was taken. No trace of Sarah and her children has been found after 1870. There is speculation that they left the area possibly following other family members to the west and north.

From Cousin James W. Fly we learn that James R. and Sarah's son, James M. Capps; born March 3, 1847 and died March 14, 1872 is buried in the private McClure Cemetery, in Carroll County, TN. Also buried there is, Herman N. Capps; born August 28, 1872 and died Feb 24, 1873, the son of E.L. and E. Capps and the grandson of James R. and Sarah. There also is William McClure; born April, 1775 and died May, 1857, the father of Sarah McClure Justice Capps. According to Cousin James this information was copied by Marvin Clark sometime ago. These writers have visited the site and have verified this information is correct.

Authors note: There was another Sarah Capps, married to a John R. Capps living in the subject area at a slightly later date and they are easy to confuse with our Sarah and James R. Capps. Further research reveals this to be John Rogers Capps (7/23/1831-8/7/1901) and wife Sarah Bates Capps (1833-1904). John Rogers Capps is the son of William Rogers Capps and the nephew of our now famous James Rogers Capps, since William R. and our James R. were brothers.

The James Rogers Capps family.

James Rogers Capps (1809-1850)
sp Mary "Polly" Teer (1810?-1837?)
children:
1. Nancy Ann Capps (1834-?) [married Samuel Rigsby on Mar 17, 1859]

sp Sarah McClure Justice (1810-after 1870)
children by James Justice and James R. Capps:
1. William Bennett Justice (1834) son/o James Justice
2. Elizabeth Jane Justice (1836) dau/o James Justice
3. Mary Capps (1839) dau/o James Capps
4. Susan Capps (1842) dau/o James Capps
5. Elizabeth Capps (1844) dau/o James Capps
6. Porter Capps (1845) son/o James Capps
7. James M. Capps born 3-3-1847, died 3-14-1872 son/o James Capps
8. Edward L. Capps (1851) son/o James Capps

Interesting Note: In Carroll County Deed Book E, Page 356, dated January, 1839; a bill of sale is found for two slaves named "Felix" and "Quillian," which had been purchased from Alexander Gwin for Jane H. Patton, Sarah Justice, and Mary McClure, all daughters of William McClure. The slaves were to be retained by the daughters and if sold they were only to be sold to William McClure. This paper is signed by Tho H. Patton, Jane H. Patton, J.R. Capps and Sarah J. Capps.

These writers wish to thank Cousin James W. Fly, Cousin Terry Davis, Cousin Joyce Ford, and Cousin Joe W. Stout for their inputs to what is known, or thought to be known, about James Rogers Capps his first wife, Mary "Polly" Teer, and his second wife, Sarah McClure Justice Capps. We are grateful to all of them for without their inputs, there would be no story. This story is not closed. As more is learned over time, we reserve the right to correct what is written here or add to it as required. We are always searching for new info concerning this family so please contact us if you have additions or corrections.

Researched by:
Bill and Ann Teer, Graham, NC (billteer@netpath.net)
Wanda Johnson, McKenzie, TN (wandaj@usit.net)
Gary Lewis, Huntingdon, TN