Fifth Generation

246. MARY DAVIS⁹⁶ died between 1827 and 1830. She was born in Virginia.⁹⁷

Mary was born in Virginia according to son Thomas in 1880 Census.

William appears to have a spouse in the 1820 Dallas Co AL Census, but only 1 female between 5-10 in the household in 1830.

Estate records of Moses Davis, indicate a daughter named Mary Higginbotham who had children, already deceased at the time of Moses' death c 1836. The Commissioners were ordered to name the heirs, but when the disposition of the estate was given, they did not do so. There are no other loose papers in the Courthouse that date back to this time. Other than this record, and the fact that William Higginbotham and his second wife sold their land to their neighbor, John D. Davis, a son of Moses Davis who was administrator of the estate, there is as yet no additional proof that Mary Davis was the first wife of William.

Perry Co AL Orphan's Court Minutes Book (1832-1838)
p.293 Dec Term 1836 Specifically requests Commissioners to name each child of the heirs of Mary Higginbotham that are to receive her share.
p.321 Apr Term 1837 Report of Commission received, recorded, & filed.
Vol. C, p.3 Apr 1838 Administrator asked for final statement. To be given at Perry Courthouse 1st Friday in July next. p.15 Jul Term Continued until August.
p.27 Aug 1838 Final Settlement estate of Moses Davis. Administrator to pay over to heirs & devises each $573.30 including "heirs of Polly Higginbotham".

MARY DAVIS and WILLIAM HIGGINBOTHAM were married about 1810.⁹⁵ WILLIAM HIGGINBOTHAM^{55,90,91,92,93,94}, son of CALEB HIGGINBOTHAM and MARYANN CASH, was born about 1788 in probably Amherst County, Virginia.⁹⁵ He died in 1852 at the age of 64 in Bienville Parish, Lousiana.

William Higginbotham came to Alabama from Georgia - possibly the Wilkes, Elbert, Madison Co area. Said to be son of Caleb Higginbotham & Maryann Cash of Amherst Co VA who moved to Wilkes/Elbert Co GA along with Caleb's parents Benjamin Higginbotham & Elizabeth Graves and assorted other Higginbotham families. A GenForum post stated Mary Ann died c 1795 in Danielsville, Elbert Co GA and Caleb died in Holmesville, Pike Co MS in 1823. Unable to confirm or locate anyone with sources for this family. This post gave children for Caleb & Mary Ann as Betsey, Caleb Jr, Thomas, Aaron, Amelia "Nellie", Nelson Robert, William, Samuel.

Earl Higginbotham's book gives the following children for Caleb and Mary Ann: Robert (moved to Pike Co MS c 1809 & then Yazoo Co), Nelson (moved to Pike Co & then St. Landry Parish, LA], Nellie (married Charles Smith & moved to Pike Co MS), William (moved to Dallas Co AL) and Samuel (married Ann Ware; died Danielsville GA in 1829). He felt sure there were others.

Autosomal DNA results on my son do indeed match another Higginbotham/Graves descendant from Amherst and confirm that this is likely the proper connection. The above Caleb Higginbotham's parents were Benjamin Higginbotham and Elizabeth Graves. Benjamin's brother Aaron was married to Elizabeth Graves' sister. That the DNA could persist is likely - they actually match on two different chromosomes, suggesting the double-cousin inheritance.

In Feb 1794, William Hightower, Moses Davis & Caleb Higginbotham all served on a Grand Jury in Elbert Co, GA. The Autauga Co AL tract books reveal that William Hightower and Moses Davis were later neighbors in Alabama. William Hightower was one of the appraisors of the property of the deceased Moses Davis, but this would have to be a younger man as the senior William Hightower had already died in Autauga Co. There was a son also named William Hightower [Jr]. There is a marriage record in Elbert Co GA of a William Hightower to Mary Higginbotham (quite possibly the younger William Hightower as the elder had a wife named Amelia "Milly"] - is Mary a sister to William Higginbotham? The Hightower researchers have assigned this Mary to Francis Higginbotham, but the family of Francis Higginbotham all moved to Louisiana about 1812 and this seems unlikely. There are several Marys as there are several Williams in both the Higginbotham and Hightower families. If the connection is correct, though, Mary Higginbotham Hightower died young, because William Hightower Jr had a different wife at his death.

I have no idea which William the following one is. However, Baldwin Co was the site of the first gold lottery. The whereabouts of the William, son of Caleb & Maryann Cash are unknown in this time frame.
THE GEORGIA JOURNAL; Vol One 1809-1818; p.77
Issue 25 Dec 1811
Will be sold on 1st Tuesday in January in Milledgeville .... One half of Lot #18, in the second district of Baldwin Co and in the occupancy of William Hickombottom, levied on as the property of Marshal Smith, to satisfy Jeremiah Matthew's executions agains him.

I believe William Higginbotham married Mary Davis, daughter of Moses Davis. They may, in fact, have been second cousins, once removed. There is adequate evidence that Moses Davis' family had also come from Amherst and Moses' estate settlement names a deceased daughter, Mary Higginbotham. William settled in Alabama next to John D. Davis, son of Moses. Then William and his second wife, Mary Bradford, sold their land to John D. Davis when they moved on to Mississippi.

Here is an older record also linking these families:
2 May 1761 Benjamin Higginbotham of Amherst to Richard Davis. 204 acres on Buffalo River, being a tract granted to Benjamin by Moses Higginbotham by deed dated 14 May 1741. 60£. Amherst Co DB A, p.20
Some believe Richard Davis was the father of Moses Davis whose daughter Mary married William Higginbotham.

Georgia Tax Digests on Ancestry.com
1815, Elbert Co GA, Capt Henderson's Dist: Wm. Higginbotham listed as a Defaulter.
1817, Madison Co GA, Capt Higginbotham's Dist: Wm Higginbotham, Samuel Higginbotham, Soloman & Ephraim Stickland, Eddy Weare Jun.
Wm's land was listed as granted, unknown, adjoining J. Griffith. Samuel had no land.
His father, Caleb, is also on this tax list, as is his brother Nelson.

Tract book of Dallas Co AL on microfilm at the AL Archives shows John D. Davis [brother-in-law of William Higginbotham] as receiving a part of S1 T18 R11 on 18 May 1819. William Higginbotham took out a patent in S2 T18 R11 on 7 Apr 1819 but examination of the BLM records revealed he eventually relinquished this patent. However, it appears the men may have come to Alabama together.

1820 Alabama Census Index; Dallas County:
Wm Higginbotham 1m +21; 5M -21; 1f +21; 1 slave

"Cahawba Press & Alabama State Intelligencer" [AL Archives #547-3 reels)
Reel 1
Monday, Jul 9, 1821: Letters unclaimed at the Post Office include: W. Higgingbotham, John D. Davis
Seems that William Higginbotham seldom picked up his mail. His name was on lists also on 1 Oct 1822 at Selma, 31 Mar 1823 at Cahawba, again at Selma on 1 Oct 1823 a year later.
The "Selma Courier" listed a letter unclaimed at Cahawba on 31 Dec 1827 and on 30 Sep 1828. The following notices also appeared in the "Courier"
1 May 1828: Public are cautioned against purchasing a note, drawn by the subscriber in favor of John Smith for $240 with credits endorsed on the back amounting to probably $100. This note is now held by Wm Higginbotham and as I hold notes on said Higginbotham sufficient to cancel the same I will not lift said note from any other person than him, unless compelled by due course of law. Franklin J. Walker
26 Mar 1829 Will be sold, on 1st Mon in Apr next ...in town of Cahawba, the following slave: Sarah and her child, a boy named George, levied on as the property of William Higinboatham, to satisfy sundry executions against him - say one in favor of Joseph Deruy, two in favor of Wyckoff, Pickens & Co and two in favor of Henry Overton.

Patent issued 21 Mar 1877 - Credit Patient Issued in Place of Patent Intended to Issue, 26 Nov 1827. To Frederick Davis & William Higginbotham. 80.07 acres, the E 1/2 of the SE 1/4, S34, 19N, 11D, Dallas Co. The letter digitized at the Bureau of Land Management site, states that Frederick Davis was the assignee of William Higginbotham for this tract. The patent was intended to have been granted and issued 26 Nov 1827, but not referenced in their records - now granted to Frederick Davis and his heirs.

1830 Dallas County AL:
p.70 Higginbotham, B. G. 1m -5; 1m 10-15; 1m 15-20; 1m 40-50; 1f 5-10; 2f 10-15;1f 30-40
[This is Benjamin Graves Higginbotham, probably a cousin. His family identified and he had no brothers named William. His father was Benjamin, mother was Mary Gatewood.]
p.72 Higginbotham, Wm 1m -5; 1m 5-10; 2m 10-15; 2m 15-20; 1m 20-30; 1m 40-50
1f 5-10; 1m slave 10-24; 3 f slaves, one age 10-24 and two age 24-36

Bonds of County Offices, Dallas Co AL, Book B
p.80 State of AL, Dallas Co: William Higginbotham, Alexander Porter & William Barnes are held & firmly bound unto Samuel B. Moore, Govr of the State, etc. $1000. 14 Nov 1831. on the 12th Inst William Higginbotham was elected Constable for said County.
Signed by all three. Approved, 13 Nov 1831
p.87 William Higginbotham, William Barnes & John Carmichael ….28 Mar 1832. William Higginbotham elected constable. All signed. Approved 9 Apr 1832

US Land Patent. William Higginbotham Signed 20 Nov 1835. Autauga and Dallas Cos. 40.5 acres. Ne 1/4 of NW 1/4 Section 6, Twp, 18, Range 12.
He had sold this land before he received the patent.
Dallas Co Deed Book D, p.156. William Higginbotham and wife Mary N. to John D. Davis for $400. Three tracts of land including the above mentioned. They were described as:
W half of NE qtr S 6, T 18, R12, sold at Cahaba
28 acres, SE corner of NE qtr, S1, T18, R11
NE qtr of NW qtr of S6, T18, R12, 40.50 acres offered for sale at Cahaba
10 Jan 1835. Mary relinquished her dower. Recorded 18 Feb 1835. William moved his family to Kemper Co, MS about this time.

Tax Rolls for Kemper Co MS, 1836: List William and Linsey Higginbotham.
1837 - William Higenbottom.
1839 - William Higgenbotham.
1842 - Jackson Higginsbotham.

1837 State Census of Mississippi. First known census of Kemper Co.
Moses Higanbotham - 1m 21-45; 1m -18; 1f +16; 1f -16. 4 Total Whites.
Wm. Higanbotham - 1m 21-45 [William], 1m 18-21 [Lindsey]; 4m -18 [Jackson, Thomas, William & Walker], 1f +16 [Mary], 3f -16 [Melvina, Mary Jane & Adeline]. 1m slave; 2f slaves. 10 Total Whites. There is either an extra boy in the household or Lindsey & Jackson are slightly younger than as placed.
Neither Moses nor William had cotton production listed indicating they had likely not lived in Mississippi the prior year, or if they did they had not grown a cotton crop.

Earl Higginbotham listed a possible daughter of William & Mary Davis named Parthenia/Bertha. She married Stephen Stanley in Lauderdale Co MS 28 May 1843. Living in Jackson Co MS in 1860. [She would have to be younger than Thomas to fit the 1820 Census - Wm had 5 males under 21 in his household. The censuses indicate only one daughter. I would strongly suspect she belongs to someone else.]

William was counted in the 1840 Kemper Co MS US Census; p.6:
William Higginbotham 1m 5-10 [Walker age 7]; 1m 10-15 [William age 15]; 1m 15-20 [Thomas age 19]; 2m 20-30 [Jackson age 24 and Lindsey age 27]; 1m 50-60 [William] 1f -5 [Adeline age 3]; 1f 5-10 [Mary Jane age 5]; 1f 15-20 [Melvina age 18]; 1f 40-50 [Mary] 1m slave under 10; 1m slave between 10-24; 1f slave under 10, 1f slave 10-24, 1f slave 24-36.

By 1850 the family lived in Bienville Parish, LA. Son William lived with Jasper Gibbs and family working as a laborer, age 25 born in AL. Jackson was married to Lucy; Thomas was married to Louisa with 2 children. William, age 62, born in VA; Mary A., age 54 born in SC; Walker age 17 and Mary J. age 16, both born in AL; Adline age 13, born in MS.

Copies of the estate settlement of William Higginbotham have been placed in Folder 2 - Higginbotham, in the Vertical File of the Georgia State Archives.

William Higginbotham; Sucession #877, pp. 848-884
Bienville Parish Courthouse, Arcadia LA
Petition of Mary Higginbotham, widow of William, dec'd, late of said parish & state. Sometime about the _____ 1852 her husband William Senr. Leaving small estate, both real & personal… minor children. Prays for inventory to be made Jackson Higginbotham, beneficiary to be appointed Administrator with petitioner
2? Nov 1852

27 Nov 1852 Mary Higginbotham & Jackson Higginbotham appointed Administrators for the Estate of William Higginbotham, dec'd. James Mizzell & Andrew White, securities for the bond in the amount of $2450. All signed:
Mary N. Higginbotham, Jackson Higginbotham, James T. Mizelle, Andrew White.
Wit: Thomas Higginbotham [These are their original signatures.]

Sales held: 13 Dec 1853, 29 Dec 1853, 26 May 1855.
Buyers included Mary Higginbotham, J. Higginbotham, T. Higginbotham

MARY DAVIS and WILLIAM HIGGINBOTHAM had the following children: