Beyond our Elusive William Daniel

His descendants are traced on Chart #1, Jan 1977, by James C. Daniel, son of Clarence B. Daniel, using the notes & letters compiled by Chester McDonald (Abt 1964) and received from James L. Daniel of Honoraville, AL in 1975; also census records where noted and personal knowledge. More detailed information and traditions will be found in the Research Volume (cited herein as "CEMcD notes").

Theophilus's father William "Will" Daniel, along with Theophilus and Ephriam (relationship not given) also purchased government land along Pintlalla Creek a few miles west of Hope Hull and south of U.S. 80 Highway. Around the middle of the decade of the 1820's, the Daniel families migrated southward into Butler County, AL (that eastern portion which is now Crenshaw Co.) (Part of this area also became part of Lowndes Co. from 1830 to 1866.) Will Daniel's sons, Theophilus, Francis Marion, Thomas along with Ephriam Daniel purchased Federal lands along Patsiliga and Camp's Creeks.

The above is mostly from Broyce McCormack's notes. The identity of "Will" and the relationship of Ephriam are supposed, due to the fact that they all purchased land on the same day with consecutive numbers. The brother William seems to have remained in Georgia, probably near Hancock County where the Ellis family resided at this time. However, he could have first gone to AL with his relatives.

Ephriam is shown, with a large family, in 1840, either 40-50 or 60-70. If he is 40-50, he is of an age with Thomas, younger than Theo & FM; and probably a cousin. That leaves the older man, 60-70 to be the father, William "Will". If this is Will with Ephriam, who is the old lady, 80-90, with Theo. The two separate old folks can just as well be parents of the two wives. This Ephriam is probably the 55 year old, born in SC, with wife Marie, 45, and 6 children. Therefore 45 in 1840. (CEMcD notes, p. 66) Ephriam and Theo were living close enough together to be counted on the same day. (NOTE: If Ephraim is in reality a cousin as I, A. Adell, suspect, then the older man in the family would not be William, but rather a member of that Ephraim family, perhaps a brother or other relative of William or parent of the wife.)

A Theophilus DANNELS and a Martha Dannel joined, in 1805, the Black Creek Baptist Church, located near Dovesville, Darlington Co, SC, near Chesterfield and Marlboro counties which were formed in 1798 from the Cheraws District. The next year a William DANNEL joined, probably brother, not father, of Theo.

It is also noted that there were several Goodsons, a YOUNG family, and Rev. Coleman, pastor, in that congregation. On 4 Dec 1806, Theo and Martha Dannels were dismissed, listed consecutively, but not as Theo and "wife" as were couples dismissed the same day. No "proof" yet, that this is our Theo.

Next heard from on 3 May of 1807 when Theophilus & wife are received by letter at Darien Church, Washington Co, GA, now Hancock Co, just over the line in the small community of Linton, near Sparta. Then, 29 Feb 1812, Theo & Wm. are being "visited " for not "filling their seat".

There is a listing for Theophilus Daniel on the Georgia Archives website that says "JP, 99th Dist, Wash. Co., Jan 18, 1813 - (JP 1813-1817, p. 76). I don't know if this means he was a justice of the peace or if he just resided in that district. More research needed.

Wm. by experience and Theo by letter, were received on 6 March 1813 (a list) and 3 Apr 1813, Penny Daniel "by ex" but in a list headed "by letter." And lastly, 17 Dec 1817, Theophilus Daniel & wife are dismissed by letter. (These records, GA Archives Drawer 148 Box 53 & Drawer 21, Box 58, different Darien church records, but ARE THERE TWO THEO's?) Since " The Great Division" occurred in the mid 1830's; there is probably a record "someplace" of them being received "by letter" in Alabama between 1818-1820, depending on the time they were wandering.

Theophilus bought land in 1818 through the Milledgeville, Baldwin Co, GA land office. He and Elias Goodson on 20 July 1819 took out land at the Cahaba, GA land office on land in the present city of Montgomery. The next month he did the same land #7904 and with consecutive numbers 7902-Will, and #7903-Ephriam took out land eventually to be in Lowndes Co, AL. He was in AL by 18 Aug 1820 when his sister Elizabeth married H. B. McDonald in Montgomery Co. Where is he in the 1820 & 1830 census? In 1830 and thereafter he is in what became Honoraville, as the county lines were constantly redrawn. The family was consistent with that shown here.

Evidently Theo was a prime mover in the formation of the Sweetwater Primitive Baptist Church. When the first conference of the church met on May 26, 1827, nineteen charter members were present.

The Daniels settled side by side in one region of eastern Butler (now western Crenshaw) County and southeastern Lowndes (now extreme northern Crenshaw) County. There were so many Daniels and their in-laws, and they acquired so much land that it is difficult to sort out their holdings.

See the land maps drawn & plotted by Broyce McCormack, Theo (4) Daniel & others. From the County Tract Book, Butler Co, AL, AL State Archives, from the 1830s to the 1850s, the Daniels bought virtually the entire three-mile stretch of land between Sweetwater Church and Honoraville.

Between 1833 & 1860, Theo was the original purchaser of 1400 acres in this area at the cost of $1.25 per acre. It is difficult to know how they used this vast acreage. Since they owned only a few slaves, they could not and did not create cotton plantations there. They & their in-laws (Bozemans, Ellingtons, POLLARDs, Simmerly and Wyche) were prosperous farmers and among the most prominent families of the Honoraville region. (see notes under Penelope's sister, Mary Jane Goodson...Joshua Pollard was one of the execs. of her estate, other Pollards & their relationships recorded there as well) "The story goes: Theophilus went to Texas in 1853, (current belief is that it was his son, Josiah) bought & laid out his claim to 640 acres in Navarro Co, within 3 miles of present day Kerens, TX. He was a surveyor & farmer. As he surveyed the land, an Indian watched from high in a nearby tree the entire time. "Indian Creek", which runs along side the tree, was named for the Indian. Theo returned to AL after he completed his work in Texas." From "The 1931 Account."

Theo's probate is found in Vol 7, pgs. 473 and 474, records of Probate Court. In it are named all his heirs and the remaining land from his purchases in Sec's 9, 17, 18, Twp 10, R 17. His original purchase in July & Aug 1819, Sec 26, T 16, R 17 was not then in his estate.

Randy Daniel found some transcriptions by Chester McDonald that Probate Theophilus' estate.

One is recorded in Book 7, Page 347 of Probate Records and says: MATTER OF THE ESTATE OF THEOPHOLUS DANIEL, deceased THE STATE OF ALABAMA BUTLER COUNTY To All Whom it May Concern: Know ye that I, Penelope Daniel, relict and widow of said decedent by these presents consent that my dower interest be sold in any and all of the lands, of which said decedent, my late husband, was seized and possessed at his death, by order of the Judge of Probate of said County, so as to vest in the purchaser thereof, the complete title thereunto, and therefor avail myself of the legal provisions of a distribution of the proceeds thereof. Given under my hand this October 24th, 1866. Penelope Daniel (X) Attest N. R. Daniel, J. P. (Supplied by Randy Daniel e-mail, from Chester McDonald notes) Book 7 Pages 363 and 364, Probate Court or Orphan's Court STATE OF ALABAMA BUTLER COUNTY To the Honorable Samuel J. Bolling, Judge of the Court of Probate for said County: The undersigned adm. of Theopolus Daniel, late of said County, deceased, alleges that his intestate died seized and possessed of the following described lands lying and being situated in said County and State, to wit: SE1/4 of SW1/4 of Sec. 9, T 10 R 17 W1/4 of SW1/4 of Sec. 9, T 10 R 17 NW1/4 of SW1/4 of Sec 17, T 10 R 17 NE 1/4 of SE1/4 of Sec 18, T 10 R 17 S1/2 of SE1/4 of Sec 18, T 10 R 17, and 23 acres of the SW1/4 of NW1/4 of Sec 17, T 10 R 17, containing 367 acres more or less. Following named persons, they and they alone are the heirs and distributees of said Decedent, viz : Abel Daniel, James Daniel, Martha Simmerly, Elizabeth Pollard, of full age, residing in said State and County ; Heirs of Elias Daniel, decd., viz: J. B. Daniel, Emma (or M. A.) J. Crowell, J. J. H. Daniel, all of full age, residing in said County and State ; Heirs of Sarah Ellington, decd., viz : Martha Ellington, Jane Ellington, of full age, Louisa R. Ellington, minor, all of whom reside in said County and State ; Heirs of Theo. J. Daniel, decd., viz: Mary P. Daniel, Susan J. Daniel, decd., Lewis Daniel, Edward B. Daniel, Georgiana M. Daniel, Olivia F. Daniel, all minors residing said County and State. Heirs of Zachariah Daniel, decd., viz: Leonard C. Daniel, Eugene S. Daniel, Zachariah J. Daniel, all minors in said County and State ; Rosana P. Stewart, wife of William Stewart, heirs of Sarah Ellington, residence unknown; Jane Bozeman residing in Lowndes County in said State; Josiah Daniel, Leonard Daniel, Penelope Wyche, residing in Texas; John A. Daniel of full age in Florida , William Daniel, of full age, residing in Arkansas. He further alleges that a fair, beneficial and equitable division of said lands among the said heirs and distributors cannot be made without a sale thereof. He, therefore, asks Your Honor to grant an order authorizing and empowering him to sell said lands for said purposes. All of which is respectfully submitted. Arnold Kent, Administrator STATE OF ALABAMA BUTLER COUNTY Before me, Samuel J. Bolling, Judge of the Court for said County, personally appeared A. Kent, Adm. of the estate of T. Daniel, decd. who being sworn under oath says the facts, statements, contained in the foregoing sale of lands belonging to said estate is correct. Sworn to and Subscribed before me November 20th, 1866. Arnold Kent, Adm. S. J. Bolling Judge of Probate Book 7 Pages 473 and 474, records of Probate Court Court STATE OF ALABAMA BUTLER COUNTY In the matter of the Estate of Theopholus Daniel, decd., interrogations to be propounded to N.R. Daniel , N. C. Barrett and H. C. Braden of said County, the answers to which, when taken are to be used in evidence before said Court, on the hearing of and in behalf of an application made by Arnold Kent, Administrator of said Estate to sell the lands belonging to said estate: Interrogatory 1st: Are you or either of you acquainted with the following described lands ans as belonging to said Estate, to wit: SE1/4 of SW1/4 of Sec. 9, T 10 R 17 W1/4 of SW1/4 of Sec. 9, T 10 R 17 NW1/4 of SW1/4 of Sec 17, T 10 R 17 NE 1/4 of SE1/4 of Sec 18, T 10 R 17 S1/2 of SE1/4 of Sec 18, T 10 R 17, and 23 acres of the SW1/4 of NW1/4 of Sec 17, T 10 R 17, containing 367 acres more or less. Interrogatory 2nd: Are you or either of you acquainted with the Heirs and Distributees of said Estate : If yea, please state their names and of whom are under the age of 21 years, of whom are married women and to whom married, and, if any, of whom are of unsound mind, and if they and they alone are the heirs and distrubutees of said Estate, and also give the residence of each. Interrogatory 3rd: Can a fair, beneficial and equitable division of said lands among said heirs be made without a sale thereof? Interrogatory 4th: Please state anything else in behalf of this application that you or either of you may know. Arnold Kent, Adm. Deposition of A. J. Barrett, witness sworn and examined under and by virtue of a commission issued out of the Probate Court of the State of Alabama for Butler County, in a certain case therein depending between Arnold Kent, administrator of the Heirs and Distributees of Theopholus Daniel, decd., and the said Heirs Defendant. A. J. Barrett, being duly sworn to speak the truth and nothing but the truth, doth depose and say, as follows : 1st: To the first Interrogatory, he says, I am acquainted with the lands belonging to the Estate of Theopholus Daniel, decd. 2nd: To the second Interrogatory, he says: I am acquainted with Jane Daniel married to Etheldred Bozeman, now living in Butler County, Alabama. William Daniel, and it is said that he lives in the State of Arkansas. James Daniel now living in Butler County, Alabama. Elizabeth Daniel, married to William Pollard, who is dead, Martha Daniel married to Sanford Simmerly, both the last named are living in Butler County, Alabama. Josiah Daniel and Leonard Daniel are said to be living in the State of Texas. John A. Daniel is also said to be living in the State of Florida. Penelope Daniel married to William Wyche, and moved away from this locality and supposed to be living in Texas. These are all sons and daughters of Theopholus Daniel, decd. I knew Elias Daniel, now dead, son of Theopholus Daniel, decd. and his heirs viz: T. B. Daniel, J. J. H. Daniel, M. A. Daniel married to Levi Crowell, all of Butler County, Alabama and over the age of 21 years. I also knew T. J. Daniel, now decd. a son of Theopholus Daniel, decd. and his heirs, Mary Daniel, Lewis Daniel, Edward Daniel, and two younger children whose names and ages and sex I do not know. All living in Butler County, Alabama all under the age twenty one years. I also knew Zachariah Daniel, all dead and his heirs, Lenora Daniel, Eugenia Daniel and Zachariah Daniel, all under the age of twenty one years and all living in Butler County, Alabama. I also knew Sarah Daniel, married to David Ellington, which Sarah is now dead, and her heirs Penelope Ellington married to William Stewart and it is said the are now living in the State of Arkansas and Martha Ellington, Jane Ellington, and Rebecca Ellington, all over the age of twenty one years and all living in the State of Alabama, Butler County, and all of sound mind, as far as I know. 3rd: To the third Interrogatory he says, I do not think a fair and beneficial and equitable division of said lands among the heirs can be made without a thereof. 4th: To the Fourth Interrogatory he says, he thinks the best interest of all the heirs would be promoted by selling the Real Estate as there are many heirs and but a small tract of land and but few settlements on the said land. Andrew J. Barrett I, the Commissioner in said Commission named, do hereby certify that the evidence of the witness A. J. Barrett was taken down under oath and subscribed by him in my presence on the 11th day of December 1866, at Honoraville, in the County of Butler, State of Alabama, and that I have personal knowledge of said witness. Witness my hand and seal. John deAustin Commissioner (Seal) (Provided by Randy Daniel, e-mail, Nov. 16, 1999) Most of his sons are listed in the 1853 Tax List of Butler Co, AL, where they were taxed at 50 cents each, those carrying a silver watch paid 25 cents more plus another 25 cents if they had a clock in their home. Zachariah had a silver watch . Abel had 240 acres, Ephraim-120, Zach-160, Theo-300, Lenard-300, T. J.-320, Wm J.-240, Thomas 40, John A-220, C. F.-80 acres. Other familiar families listed are Kirkpatrick, Shanks, Thagard, Ficklin, McCormack, Goodson and Sheppard. Butler Co, AL Probate book 8: pg 45 Feb 1 1866, Arnold Kent (husband of Frances Simerly) filed his application to be appointed administrator of Theo's estate, alleging that he is the next of kin. Estate value $5000. Page 353 Nov 20 1866, Arnold Kent reports on the sale of the Estate, all moneys to be divided equally between: Abel Daniel, James Daniel, Martha Simmerly, Elizabeth Pollard, all of full age. The heirs of Elias Daniel, deced. viz; T. B. Daniel (Theophilus Bostwick Daniel), Emma J. Crowell, Jst. N. Daniel, all of full age. The heirs of Sarah Ellington, deced. viz; Martha Ellington and Jane Ellington of full age and Louisa R. Ellington, minor. The heirs of T. J. Daniel (Theo. Jackson Daniel), deced, viz; Mary P. Daniel, Susan J. Daniel, Georginia Daniel, Olivia F. Daniel, Lewis Daniel and Edward B. Daniel, all minors. The heirs of Zachariah Daniel, deced., viz; Lenora C. Daniel, Eugene L. Daniel, Zachariah P. Daniel, all minors. Rosanna P. Stewart, wife of William Stewart, heir of Sarah Ellington. Jane Bozeman Josiah Daniel, Lenard Daniel and Penelope Wyche of Texas. John A. Daniel residing in Florida William Daniel residing in Arkansas. (NOTE: Arnold Kent testified at the time of probate, that he was the next of kin and should be appointed executor. Who, exactly, is Arnold Kent? How is he related so that he could make that claim?)

Mrs. Gene (Lucile ) Wills of Preston, GA thinks Theo died Oct 24, 1866. She also says Francis Marion and William (of Georgia) were twins, born 1788 and that Thomas & Abel were twins. Don't know where she got this information, but will try & find out. cca.

"MFDR ltr, 14 Sep 1964: "... Yes, Theophilus Daniel did make furniture - Maude's son has a chair he make for Mother to rock her first baby in and my niece has a small chair he made for my sister Nora - Mother sold the spinning wheel he made for her - also the sley he put thread through in Loom and the Reel they took thread from - made the Balls I have seen that done - I have seen the cloth being woven - and have a conterpane I saw a cousin weave. Also a wool spread my Grand Mother Milley made. She sheared the sheep picked out the burs dyed it Picked seed from the cotton as there was no gin at that time - she wove it. It is far over a hunderd years old. I use it and prize. Did not do as Mode did, he thought so much of his put up Mothes ate it."

Census: 1850, Beat 3, Butler, AL, Series: M432 Roll: 2 Page: 205 405/405, Theopholus Daniel, 66, m, Farmer, 600, NC Penelopy, 66, f, SC Zachary, 23, m, School Teacher, AL Theophilus, 13, m, AL, attended school Emma, 10, f, AL Hawkins, 8, m, AL Rebecca, 5, f, AL

In the 1850 census he owned two slaves, both women. One was aged 35, and one was aged 60.

1860, Friendship, Butler, prec. 6, Series: M653 Roll: 3 Page: 241 1720/1720, T. Daniel, 85, m, farmer, 2,200, 3710, AL P. Daniel, 87, f, AL