James Hampton gave a gift in 1837, even though he clearly wasn’t thinking of me.
Emily Caywood was born on 5 September 1830 in Kentucky. In 1850, she appeared in the Rush County, Indiana, census household of Thomas and Melinda Caywood, along with six other children between the ages of 6 and 18. Melinda, who also used the spelling Malinda, was a Kentucky native.[1]
Emily left the Caywood household months later, when she married James F. Smith on 2 October 1850 in Rush County. James’ name also (incorrectly) appears as John in the marriage record.[2] Emily and James are my 3x great-grandparents.
Thomas and Malinda could be Emily’s parents, but Malinda was likely her stepmother.
On 19 September 1866, Thomas T. Caywood and his wife Malinda, of Johnson County, Indiana, sold interest in Montgomery County, Kentucky, land to Polly Hampton of Montgomery County. It was a “tract of land which James Hampton senior died seized and possessed,” and it was on the waters of Grassy Lick Creek. The deed said that Malinda inherited part of the tract from her father, “James Hampton, senior.” James left it to his three daughters in a “deed of gift on a will.”[3]
James Hampton’s deed to his daughters Nancy Hampton, Melinda Hampton, and Polly Hampton, was dated 20 May 1837. The conveyance had a stipulation. “But it is hereby understood that the said Nancy Hampton, Melinda Hampton, and Polly Hampton, are not to have possession of said land until after my and my wifes [sic] death.”[4]
If Malinda was Emily’s mother, she would have married Thomas Caywood by late 1829. Why would her father call her Melinda Hampton instead of Melinda Caywood in the 1837 deed if she was a married woman? I believe that she married Thomas after the 1837 deed, and long after Emily’s birth.
Other clues suggest that Malinda was not Thomas’ first wife. Elizabeth Caywood was in the 1850 census household with Thomas, Melinda, and Emily. Elizabeth’s gravestone inscription calls her the daughter of Thomas & Ann N. Caywood.[5]
I know what online trees suggest for Thomas’ wives. I’ll work to see what records tell me about Thomas, his spouses, their children, and my fleeting Kentucky roots. I admit I was fond of the name Grassy Lick Creek. The things we lose when we learn when to prune our trees.
I would like to introduce my library’s historic Kentucky law collection. The Kentucky law collection contains just under 600 volumes!
Gathering the books and making sense of what I had was tricky, with numerous digitized volumes showing the wrong publication year or incorrect title in search results. With the multitude of case law titles, I needed expert advice. I called a law library in Kentucky for clarification. Many thanks to Beau, a knowledgeable reference librarian, for helping make sense of the collection. That helped me to make it more complete.
Click to visit the Law: Kentucky index page.
Click to visit the Historic Kentucky Statutory Law page.
Click to visit the Historic Kentucky Case Law page.
Thanks to Linda McCauley for updating the law library map.
[1] Birthdate: Find A Grave, database with images (https://www.findagrave.com/memorial/23301012/emily-p.-smith : accessed 10 July 2024), “Emily P. Smith” (5 September 1830-18 August 1886) memorial ID 23301012 created by Judy Mayfield, with image; citing Mount Vernon Cemetery North, Atlanta, Cowley County, Kansas. Birthplaces and census: 1850 U.S. census, Rush County, Indiana, District 97, population schedule, p. 473B (stamped), dwelling 1424, family 1426, Emily in Thomas Caywood household; digital image, Ancestry.com ( https://www.ancestry.com/imageviewer/collections/8054/images/4192475_00207 : accessed 10 July 2024), citing National Archives microfilm publication M432, roll 170.
[2] “Indiana Marriages, 1811–2019,” database with images, FamilySearch (https://www.familysearch.org/ark:/61903/1:1:XXFD-J47 : accessed 10 July 2024), Smith-Caywood marriage, 2 October 1850, Rush County, p. 65, FLM film 16300189; citing FSL image group no. 004158330, item 2.
[3] Montgomery County, Kentucky, Deeds, vol. 29, p. 139, Thomas T. Caywood and Malinda Caywood to Polly Hampton, 19 September 1866. Deed received from a family member. Volume 29 is not online at FamilySearch, nor does it show in the catalog.
[4] Montgomery County, Kentucky, Deeds, vol.18, pp. 170–171, James Hampton to Nancy Hampton, Melinda Hampton and Polly Hampton, 20 May 1837; imaged, FamilySearch (https://www.familysearch.org/ark:/61903/3:1:3Q9M-CSTN-G7R3-L : accessed 10 July 2024), FSL film no. 252354, image group no. 008337980, image 89 of 777.
[5] Find A Grave, database with images (https://www.findagrave.com/memorial/46893241/elizabeth-caywood : accessed 10 July 2024), “Elizabeth Dau of Thomas & Ann N Caywood” (ca 1838-12 November 1853) memorial ID 46893241 created by Robert Lee, with image; citing Bethlehem Cemetery, Trafalgar, Johnson County, Indiana.
My local genealogical society (Denton County TX) just recommended you thru Facebook. I am researching in Kentucky. Love your opening line 🙂
Thanks for stopping by. I hope that you have success in the law library!