a letter

aunt minerva collection

from Cora Whitley Bertram, 7150 Tamarack, Fort Worth, TX 76116

Dear Minerva,

Glad to hear from you and to get the information you sent to me for the Maxwells in your line-I am sorry to say that I can't help you with the proof you want- in answer to your questions:

1st: Who was the father of James Maxwell that married Mary Witten? (I am guilty of putting the h. in Witten-maybe, that it just comes natually to me because of my name Whitley?) I have no proof that James Maxwell married JAne (Roberts?) is the one, but I do believe that he is-because in the 1830 census there is one younger man and one older man listed by James Maxwell and 2 women 45 or over-however I could easily be wrong because there are no children and by this year, 1820, James & Mary should have all their children and they should be unmarried? -so there must be an error in the census one way or the other-because there should be 2 James Maxwell's. The only way I can think of for you to prove that he is your man is to find some deeds of gifts-maybe he gave his sons their land (in his will he says that all of his sons have been given their share and he does name them.) If you could find earlier deeds where he transferred land to each of them it could state that they are his sons as some deeds do. A family Bible would be wonderful it could solve all your problems if it was either James or Witten-Also I believe if I were you I would try to find Witten's will or transfer of lands after his death in an estate settlement-could possibly state that they were lands given to him from his father James? The same might be true when your James C. moved from Tazewell if he sold his land- if it doesn't so state, the discription of it & acreage amount might tie together gen. after gen. If I were you I would get Pat Surface to look for those and-or the tax records for those men thru the years. Don't you like, Pat, I think so much of her she has been the greatest help to me-I don't know what I would ever have done without her. (see back of sheet 3)

#(2) First Sheriff in Tazewell? - probably was but-I have forgotten what years he was suppoed to be. I feel the same as you about it being all very confusing I think then should be some interesting stories & photos also but could be that whoever has or had them just was never very interested in family.

The only way I could guess to prove that Margaret Maxwell Whitley was my Gr. Gr. Gr. Grandmother and that Capt. James Maxwell was her father was thro his will and the land (deeds) transfers in 1822 & 1833 after his death gave her name and required her signature and David Whitley as her husband-and that was because the law in those years required property to be in the husbands name. Therefore all the daughters are named in the will and the land transfers . (copies of the 1822 ones are enclosed-not very good copies but I believe you will get the jist of it.

The conflict and hearing over the property of James Maxwell cleared up the fact that the 2 little girls murdered by the Indians were his and that he took up that property in 1772 and went back to Botetorut and bought his family to live-James Maxwell made these statements while under oath-so therefore unless he was lying (surely he wasn't) we know those 2 things are true. (I didn't include all that big batch of paper to you because the copies I have are very poor copies and now copies or them would probably be even worse.

I'm sending you the part of HArmon's "Annals of Tazewell Co, Va." that has the neareset to the truth article in it written by Mary Ann Fields in about 1918-she seems to know more than anyone about him- I am sure she passed away years ago because she was 72 years old when she wrote it. You may already have it but if you don't I think yo uwill like it because she desends from James & Mary Witten the same as you do- (scratched out.)

Also, sending you a copy of my D.A.R. papers on Gr. Gr. Gr. Gr. Grandfather Capt. Maxwell- Ijust got them back, approved this year in January. I had been holding my breath because for several years they would not accept my Maxwell's at all because of all the conflicting material. You will find all of my sources of facts listed because they require it.