Historic Land Trusts

[SarahFair]

Can anyone explain to me how they work?

I have an 1841 tax digest from Emanuel County, Ga that says:
Benjamin Faircloth Trustee for James and William Faircloth, 910 acres, granted by "Faircloth"



Emanuel County was formed in 1812 from Bulloch and Montgomery Counties.

I have looked through Emanuel, Bulloch, Montgomery, and Laurens Co (some of the Faircloth moved into neighboring Laurens) records; Probate, land, all the court documents, and I cant find anything.

The ONLY record I have of a William Faircloth is a Chain Carrier for another land owner in September 1851.
He isn't on any other deeds, plats, tax records, census records, court records, nothing.

During this time period there are only 2 James Faircloths, a James LB Faircloth, born in 1805, which he is old enough to own land and does own land and is listed on the tax document a couple lines below this one - and another James born in 1838, which would put him around 3 years old in 1841.

Benjamin Faircloth was born around 1765, so Im guessing he is a grandfather.

In the 1851 tax records James is listed as only having 150 acres.
I can not figure out where the rest of the land went..
I looked through deeds, sheriff sales/auctions, again, all the records that would grant Benjamin permission to sell it..

I've looked through 100s of plats trying to identify this piece of property.


Can anyone explain why a trust would have been set up?
Who would have been named trustee?
What type of court system this would have gone through (state, county, Probate, etc)?
What rock I could possibly be leaving unturned?

 

[JustUs4All]

Trusts may have been set up if a land owning father died leaving minor children.

 

[Nicodemus]

Sarah, I`m sending you a PM with some information and the name of my Cousin. Good chance she might can help you. She lives in Oak Park.

 

[ilbcnu]

If it means that much to you talk to a genealogist. They know where to dig

 

[Resica]

Completely different than what you are talking about I believe but I just inspected a couple of houses last week on the same property. The main house was built in 1751 before our revolution. The British were there after our Battle of Brandywine and the house was within 3 miles of our first military hospital at Yellow Springs, commissioned by George Washington. It was on Yellow Springs Road. It has 2 homes and a huge barn and many outbuildings and sat on 66 acres. Listed at 1,899,000. Couldn't understand why so cheap. Those 66 acres would probably list for 30 million around here. Found out the land had been protected by a Land Trust. Sorry to derail.

 

[Resica]

It had an enormous and beautiful Sycamore on the property that was probably over 300 years old. Wish I took a pic.

 

[Ruger#3]

I’m constantly digging in my families genealogy. Folks in the 1700s had a high mortality rate, disease and Indians contributed to a short life. Instruments to assure lands and properties were handed down were common.

 

[SarahFair]

Trusts may have been set up if a land owning father died leaving minor children.

Thats what I thought too, and why I looked through court and proate records, but nothing.
Another reason a trust could be set up is if the person was an Idiot or Lunatic. A good many Idiots and Lunatics received land through the land lotteries

I’m constantly digging in my families genealogy. Folks in the 1700s had a high mortality rate, disease and Indians contributed to a short life. Instruments to assure lands and properties were handed down were common.

My 5th great grandfather from this line died in his late 20s in 1824.
He built grist mills in the area. I'm not sure if sickness or Indians got him.
It had a terrible ripple effect on the family for about 100 years.

 

[Ruger#3]

Thats what I thought too, and why I looked through court and proate records, but nothing.
Another reason a trust could be set up is if the person was an Idiot or Lunatic. A good many Idiots and Lunatics received land through the land lotteries


My 5th great grandfather from this line died in his late 20s in 1824.
He built grist mills in the area. I'm not sure if sickness or Indians got him.
It had a terrible ripple effect on the family for about 100 years.

My studies have found direct descendants killed by Indians, fighting in battles, and killed by disease. One spent a year in captivity and was adopted by a Chief which allowed his eventual return to family.

I found documents securing the property of a female descendant gained out of a divorce as far back as the late 1700s.

My family was in Virginia and Eastern Kentucky during that period.

 

[JustUs4All]

Life was truly different back then. I had a 3-G Grandfather who fought in the Revolution and was first cousin to George Walton, one of Georgia's signers of the Declaration of Independence, and member of the 1781 Continental Congress. He was born in VA but moved to GA after the Revolution. He was a right prominent individual and he died after having been gored by a deer.

This fellow's son, my 2-G Grandfather was a lawyer and served as trustee in several situations of death leading to minor children being left property.

I have some much less prominent 3-G Grandfathers but nary another was killed by a deer. LOL

 

[westcobbdog]

Another obstacle I see inresearching names often is misspelling of last names. Even a simple 5 letter name like mine can have a letter left off in a deed, will, ect..making it even more difficult to research. Stone becomes Ston.

 

[SarahFair]

Another obstacle I see inresearching names often is misspelling of last names. Even a simple 5 letter name like mine can have a letter left off in a deed, will, ect..making it even more difficult to research. Stone becomes Ston.

Enunciation spelling was a big, and then throw in the accents!
My 5th great grandfather I previously spoke about, his name was Alexander.
He left behind 3 young daughters. They used this name a few times in their own children, but I noticed one of sons name's was Ellie, which for years I thought was odd for a boy..
Then I found a court document that spelled Alexander's name Elezander.
That's when Ellie made complete sense, it was a shortened version of how they pronounced Alexander.

 

[Ruger#3]

It’s not easy researching, family names spelled multiple ways. My family has a history of repeating names. Are they, John, David or Robert the 5th, 4th, 3rd or 2nd.

 

[SarahFair]

It’s not easy researching, family names spelled multiple ways. My family has a history of repeating names. Are they, John, David or Robert the 5th, 4th, 3rd or 2nd.

My family LOVED them some Benjamin's for around 200 years

This is when you apply the FAN Club (family, associates, and neighbors).
Next to land documents, studying my family's FAN Club is my favorite thing.
It doesn't always work, but it can help sort out a lot mix ups.

When you look through estate papers, court documents, death records, and land records then start comparing them land plats you really get to understanding the community,
ie. how people met and married (the rich farmer's daughter married the poor farm hand), poker buddies, who was sleeping around with who, which neighbors stayed together for generations helping each other out through thick and thin, WHY these neighbors stuck it out, why they parted ways...

The stories are my favorite part of genealogy.

 

[Bigga Trust]

Thats what I thought too, and why I looked through court and proate records, but nothing.
Another reason a trust could be set up is if the person was an Idiot or Lunatic. A good many Idiots and Lunatics received land through the land lotteries


My 5th great grandfather from this line died in his late 20s in 1824.
He built grist mills in the area. I'm not sure if sickness or Indians got him.
It had a terrible ripple effect on the family for about 100 years.

i don’t think trusts go through the Probate Court, so you wont see the assets that it owns. But I’m not an attorney

 

[westcobbdog]

Can anyone explain to me how they work?

I have an 1841 tax digest from Emanuel County, Ga that says:
Benjamin Faircloth Trustee for James and William Faircloth, 910 acres, granted by "Faircloth"
View attachment 1207468


Emanuel County was formed in 1812 from Bulloch and Montgomery Counties.

I have looked through Emanuel, Bulloch, Montgomery, and Laurens Co (some of the Faircloth moved into neighboring Laurens) records; Probate, land, all the court documents, and I cant find anything.

The ONLY record I have of a William Faircloth is a Chain Carrier for another land owner in September 1851.
He isn't on any other deeds, plats, tax records, census records, court records, nothing.

During this time period there are only 2 James Faircloths, a James LB Faircloth, born in 1805, which he is old enough to own land and does own land and is listed on the tax document a couple lines below this one - and another James born in 1838, which would put him around 3 years old in 1841.

Benjamin Faircloth was born around 1765, so Im guessing he is a grandfather.

In the 1851 tax records James is listed as only having 150 acres.
I can not figure out where the rest of the land went..
I looked through deeds, sheriff sales/auctions, again, all the records that would grant Benjamin permission to sell it..

I've looked through 100s of plats trying to identify this piece of property.


Can anyone explain why a trust would have been set up?
Who would have been named trustee?
What type of court system this would have gone through (state, county, Probate, etc)?
What rock I could possibly be leaving unturned?

The records you seek could have been burned up in a court house fire. Recently got a diagram from ghe Ga Archives of the state and each county and wether that ever had a courthouse fire.