| Notes |
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found at http://freepages.rootsweb.com/~fams/genealogy/durrenberger/nti09895.htm
Notes for Daniel DERRYBERRY
Biography
Daniel is named in only a single record, a probate record from Madison Co., AL from 1822. The record states, "It
appearing to the satisfaction of the court that Daniel Derryberry late of this county has died without will; it further
appearing satisfactorily to the court that the widow of said deceased has relinquished her right to administer on said ****
Estate.... Ordered by the court that the administrator of Daniel Derryberry dec'd expose to public sale the perishable
property belonging to said Estate according to Law, the slaves excepted." It is clear that Daniel was married and that ****
he owned property, and even slaves, but the records mention no children. ****
Several other people are mentioned in the probate file, including the administrator, Samuel Breck, but none were stated
to be relatives. Later census records indicate that most of the men mentioned in the file, including Samuel, were born
in the 1790s, so it seems likely that Daniel was also born then, and was therefore young when he died. That may
explain the absence of known children.
Assuming Daniel was born then, the most likely candidates for his parents were Andrew Derryberry and Sarah Rucker.
Andrew had in his household a son less than 10 years in 1800, and age 18-26 in 1820, who is otherwise unaccounted for.
It is suggested here that this Daniel was that son, likely born about 1796 in Burke Co., NC, and Andrew's eldest son.
It is possible that one of the women age 18-26 in Andrew's household in 1820 was Daniel's wife. Madison Co., AL is on
the Tennessee border, due south of Warren Co., TN, where Andrew was living in 1822. Daniel's widow was not named in
the probate records, and her whereabouts after 1822 are unknown.
Slavery
It is surprising, assuming Daniel was as young as suggested here, that the probate records mention slaves. The records
make no other mention of slaves, but it sounds as if they were not covered by this administration. Nothing further is
known about them.
Sources
Probate records of Madison Co., AL, case 802, estate of Daniel Derryberry, deceased. Orphans Court vol 2, dated 23 Nov
1822, pp. 383-4:
"It appearing to the satisfaction of the court that Daniel Derryberry late of this county has died without will; it
further appearing satisfactorily to the court that the widow of said deceased has relinquished her right to administer
on said Estate, and has signified her wish to said court that Samuel Breck should administer in her place; and said
Samuel Breck here applying for letters of administration on said Estate; it is ordered by the court that he give bond
and security in the penalty of two thousand [next page] dollars, whereupon the said Samuel Breck together with Stephen
Williams and Nathan Baker his securities here entered into bond in the penalty aforesaid conditioned as the Law
directs, said securities being by the court here approved and said Samuel Breck having taken the oath required by law;
it is ordered that letters of administration issue to him accordingly.
"Ordered by the court that William Scallion, Stephen Williams, Jesse Williams, John McClung, John Mowry or any three of
them appraise the perishable property belonging to said the Estate of Daniel Derryberry dec'd, which shall be shewn
them by his administrator.
"Ordered by the court that the administrator of Daniel Derryberry dec'd expose to public sale the perishable property
belonging to said Estate according to Law, the slaves excepted."
Orphans Court vol 2, dated 23 Jan 1823, pp. 398:
"It appearing to the satisfaction of the Court from the representation of Samuel Breck administrator of all and
singular the goods and chattels, rights and credits of Daniel Derryberry deceased that the personal & perishable
property belonging to said dec'd is insufficient to pay the debts due from said estate. It is therefore on motion
ordered by the Court that publication be made in the Alabamian for forty days requiring all persons interested to
appear before the Judge of our said Court at the Court house in in [sic] the Town of Huntsville on the third Monday in
February next to show cause if any they have or can why so much of the real estate belonging to said deceased should
not be sold as will be sufficient to pay the debts thereof ---."
Probate Court vol 2, dated 24 Feb 1823, pp. 436-7:
"The demands against the Estate of Daniel Derryberry as they now stand are as follows so far as they have come to my
knowledge: [notes and accounts in the following names] Walter Otey, Lindsay & Toney, Mary Toney, John Mowry, Mary
Mowry, John Lindsay, Robt Ridley, S. Breck, J. B. Collier, J. B. Kilbourne, Peter B. Burrow, Wm E. Phillips, _ Carnes,
_ Gunder. - Saml Breck, Admr."
Further records are found in the probate file, but are not of genealogical interest, and no further mention of any
slaves can be found. Based on the 1850 census of Huntsville, Madison Co., AL, Samuel Breck was a physician, age 58,
born Vermont. In the 1830 census, a Jesse and Stephen Williams were in Gibson Co., TN, although other Jesses can also
be found in other counties. A Jno A. McClung is in Franklin Co., AL, and a John McClung in Morgan Co., AL. A John
Mowry Sr. and Jr. are in Reg. 67, Monroe Co., TN. A Nathan Baker was in Greene Co., AL, and none in TN.
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