Upshaw family papers

Descriptive Summary
Title: Upshaw family papers
Creator: Upshaw family
Creator: Upshaw, George, -1832
Creator: Upshaw, John, -1834
Inclusive Dates: 1808-1880
Bulk Dates: 1830-1850
Language(s): English
Extent: 0.8 Linear Feet (2 document boxes)
Collection Number: ms18
Repository: Hargrett Library

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Collection Description

Scope and Content

The collection consists of papers relating the the Upshaw family of Elbert County, Georgia from 1808-1880. Includes correspondence, bills, receipts, deeds, land grants, Upshaw genealogy, and other legal papers relating mainly to George and James Upshaw. Collection also includes information concerning persons enslaved by the Upshaw family and other enslavers.

Organization and Arrangement

Arranged in chronological order.

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Administrative Information

Preferred Citation

Upshaw family papers, ms18, Hargrett Rare Book and Manuscript Library, The University of Georgia Libraries.

Conditions Governing Use

No Copyright – United States: Collection is in the Public Domain under the laws of the United States. http://rightsstatements.org/vocab/NoC-US/1.0/ For additional information, please contact the Special Collections Libraries at sclib@uga.edu.

General Notes

Donated by Mrs. J. M. Dysar in 1955.

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Related Materials and Subjects

Subject Terms

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Series Descriptions and Folder Listing

 

box	folder
Request box
1	1	1808-1825

 

1

2

1826

 

1

3

John Haw estate, 1827

Sale of the property belonging to the Estate of John Haw, deceased , 1827 March 6

Names enslaved persons: Wyatt, Nelson, Jordan, and Pleasant. Also names enslavers listed as purchasers. James Upshaw cited as estate executor

Affidavit of Betsey Ham, sale of enslaved persons, 1827 January 5

Certifies to the Inferior Court of Elbert County Betsey Ham's wish that enslaved persons "now in [her] possession" be sold. Testified by Samuel Ham. The enslaved persons are not named

Application to sell personal property, including enslaved people--estate of John Ham, 1826 December 9

Three separate notifications, addressed to Sophia Ham, Sucky Ham, and Samuel Ham.

"You are hereby notified that application will be made on the first Monday in January next to the honorable Inferior Court of the County of Elbert while sitting for Ordinary purposes for leave to sell a part of the personal property together with some of the negroes belonging to the estate of John Ham, late of Elbert county, deceased ..." Signed James Upshaw, executor. Enslaved persons are not named

 

1	4	1828-1829
				Promissory note, to David Hudson, 1829 January 23
			Document partially destroyed, signature illegible. David Hudson, executor of the estate of [William] Tait [or Tate], senior.
			Names an enslaved woman Rachel. "On or before the first of January next we or either of us promise to pay David Hudson ... the sum of twelve dollars for the hire of Rachael" The surname Upshaw appears on verso, along with the name George

 

1	5	1830-1831
				Bill of sale for an enslaved man named Nelson, 1830 January 5
			From estate of William Gibbs to James Upshaw. Executors of estate include Tatson [Tarlton?] Gibbs and Thomas F. Gibbs. Testified by B. Houston

 

1

6

1832 May-July

List of accounts naming an enslaved man, Wiggin, 1829 February 5

List of accounts against George Upshaw (deceased), sworn to by Haley Butter. Signed John Dickey, justice of the peace. Elbert County, Georgia. Affidavit statement given by George Carter.

"February 1830 to three days work by Wiggin packing of cotton 50 cents per day"

 

1	7	1832 August-December
				Receipt -- "Division of the Negroes [of estate of George Upshaw]", 1832 December 4
			[Received] of James Upshaw executor of George Upshaw [deceased] 62 1/2 cents for for a copy of the order of a court for the Division of the Negroes of said estate, and for recording the return of said Division this 4th of [December] 1832." Signed Job Weston

 

1

8

1833

 

1

9

1834

Receipt of transfer naming an enslaved person, Willis, 1834 October 28

Transfer to Leroy Upshaw as bequethment of the last Will and Testament of John Upshaw. James Upshaw, Executor. Signed Elbert County

Receipt of sale naming enslaved persons Seaborn and Umphrey, 1834 December 4

Transfer to Leroy Upshaw as bequethment from estate of John Upshaw. Signed Elbert County

Application to the Inferior Court of Elbert County -- Legatees of the Last Will of John Upshaw, 1834 October

Legatees named as follows: LeRoy [Leroy] Upshaw, V. Smith (guardian for the minor heirs of George Upshaw), Elizabeth B. Hardman, M. C. Upshaw, and Ann Stubbs. Application does not name enslaved persons.

"[We] Do hereby certify to your honours That it is to our Benefit and Interest that a division of the Negroes Belonging to the Estate of said Deceased, be divided agreeable to the said Will"

"Oath of the partitioner of the Estate of [John] Upshaw", 1834 December 3

Signed Benajah [?] Houston, Thomas Jones, Haley Butter, [Thomas] Burton

Receipt of sale naming enslaved persons Silvy and Asbury, 1834 December 4

Transfer to Middleton C. Upshaw as bequethment from estate of John Upshaw. Signed Elbert County

Receipt of sale naming enslaved persons Jack, Numon, and Isbel, 1834 December 4

Transfer to V. Smith, Guardian for the Minor heirs of George Upshaw as bequethment from estate of John Upshaw. Signed Elbert County. Testified by B. Houston

Receipt of sale naming enslaved persons Solomon, Vitch, and Sam, 1834 December 4

Transfer to Ann Stubbs as bequethment from estate of John Upshaw. Signed Elbert County. Testified by B. Houston

Receipt of sale naming enslaved person Daniel, 1834 December 4

Transfer to Ann Stubbs as bequethment from estate of John Upshaw. Signed Elbert County. Testified by B. Houston

Receipt of sale naming enslaved persons Jerry, Roda, and William, 1834 December 4

Transfer to V. Smith as bequethment from estate of John Upshaw. Signed Elbert County

 

1

10

1835

Receipt for advertising, 1835 April 7

paid to [William] B. Nelms from estate of John Ham, deceased "for advertising four months notice for leave to sell a part of the negroes of said Estate and also the sale of said negroes in the washington news [and] paying postage." Enslaved persons are not named

Receipt -- "for Receiving [and] Recording his Return of the sale of negroes", 1835 February 12

Paid to [William] B. Nelms from the estate of John Ham, deceased. James Upshaw, Executor. Enslaved persons are not named

Terms of the Sale "of the Negroes belonging to the Estate of John Ham late of Elbert County", 1835 February 3

"Property Sold on 12 months Credit the purchaser Giving his note with Two approved securities and if not punctually paid to bear interest from the date."

Signed James Upshaw, [executor]. Testified by Stephen Ham. Enslaved persons are not named

 

1

11

1836

Receipt from sales of estate, including enslaved persons, 1836 February 3

Receipt of two hundred and ninety five dollars, proceeds "from the sale of Negroes belonging to [the estate of John Ham, deceased]." Signed Stephen Ham

Receipt from sales of estate, including enslaved persons, 1836 February 9

Receipt of two hundred and ninety five dollars, proceeds "from the sale of Negroes belonging to [the estate of John Ham, deceased]." Signed [James] Ham

Receipt from sales of estate, including enslaved persons, 1836 February 3

Receipt of two hundred and ninety five dollars, proceeds "from the sale of Negroes belonging to [the estate of John Ham, deceased]." Signed Stephen Ham for John W. Black

Receipt from sales of estate, including enslaved persons, 1836 February 3

Receipt of two hundred and ninety five dollars, proceeds "from the sale of Negroes belonging to [the estate of John Ham, deceased]." Signed Willis R. Ham

Receipt from sales of estate, including enslaved persons, 1836 February 3

Receipt of two hundred and ninety five dollars, proceeds "from the sale of Negroes belonging to [the estate of John Ham, deceased]." Signed Stephen Ham for John Ham

Receipt from sales of estate, including enslaved persons, 1836 February 3

Receipt of two hundred and ninety five dollars, proceeds "from the sale of Negroes belonging to [the estate of John Ham, deceased]." Signed Stephen Ham for William Ham

Receipt from sales of estate, including enslaved persons, 1836 February 4

Receipt of two hundred and ninety five dollars, proceeds "from the sale of Negroes belonging to [the estate of John Ham, deceased]." Signed Richard Fortson for Easter Fortson

Receipt from sales of estate, including enslaved persons, 1836 February 5

Receipt of two hundred and ninety five dollars, proceeds "from the sale of Negroes belonging to [the estate of John Ham, deceased]." Signed William Glenn [Junior]

Receipt from sales of estate, including enslaved persons, 1836 February 4

Receipt of two hundred and ninety five dollars, proceeds "from the sale of Negroes belonging to [the estate of John Ham, deceased]." Signed Richard Fortson

Receipt from sales of estate, including enslaved persons, 1836 February 7

Receipt of two hundred and ninety five dollars, proceeds "from the sale of Negroes belonging to [the estate of John Ham, deceased]." Willis R. Ham for Samuel Ham

Receipt from sales of estate, including enslaved persons, 1836 February 9

Receipt of two hundred and ninety five dollars, proceeds "from the sale of Negroes belonging to [the estate of John Ham, deceased]." Signed Sophia Ham. Testified by Martin Bond

John Downer versus James Upshaw -- concerning an enslaved woman named Hannah, 1836 March

Elbert County, Georgia, Inferior Court. "The Petition of John Downer humbly sheweth that James Upshaw of the State and county aforesaid has damaged your Petitioner one thousand Dollars ..."

Names an enslaved woman Hannah, described as "afflicted with a disease called incontinency of Urine -- with Diabetes and a disease of the Bladder and other diseases not known to your petitioner ..." Signed "Davis [and] Harper," attorneys for plaintiff. James Upshaw named as executor of Estate of John Ham, deceased

Receipt -- payment after division of estate of John Upshaw (deceased), including sale of enslaved persons, 1836 February 5

"Received of James Upshaw Executor of the last Will [and] testament of John Upshaw late of Elbert County [Deceased] the Sum of Five Hundred and fifty Eight Dollars Thirty three Cents In full of the amount Due Joel Hardman In the Division of the Negroes"

Signed Elizabeth B. Hardman and Middleton C. Upshaw, administrators. Testified by James Brawner. Enslaved persons are not named

Receipt -- from James Upshaw (Guardian for the minor heirs of George Upshaw) to William B. Nelms, 1836 January 19

payment "for entering [and] drawing a certified copy of the order of court for the division of the negroes [and] recording said division ..." Enslaved people are not named

Receipt -- sum paid for midwifery care for unnamed enslaved person, 1836 July 23

Midwife named as "Mrs. Lawremore". Louisa E. Upshaw named as enslaver of unnamed enslaved person giving birth. James Upshaw named as Guardian for Louisa E. Upshaw (a minor)

 

1

12

1837

Receipt -- proceeds from sale of enslaved persons, estate of John Ham, deceased, 1837 March

James Upshaw, executor. Signed [James] Ham. Enslaved persons are not named

Receipt -- proceeds from sale of enslaved persons, estate of John Ham, deceased, 1837 March 21

James Upshaw, executor. Signed Samuel Ham. Enslaved persons are not named

Receipt -- proceeds from sale of enslaved persons, estate of John Ham, deceased, 1837 March 21

James Upshaw, executor. Signed [James] Ham. Enslaved persons are not named

Receipt -- proceeds from sale of enslaved persons, estate of John Ham, deceased, 1837 March 21

James Upshaw, executor. Signed Stephen Ham for William Ham. Enslaved persons are not named

Receipt -- proceeds from sale of enslaved persons, estate of John Ham, deceased, 1837 March 21

James Upshaw, executor. Signed Stephen Ham. Enslaved persons are not named

Receipt -- proceeds from sale of enslaved persons, estate of John Ham, deceased, 1837 March 22

James Upshaw, executor. Signed Sophia Ham. Enslaved persons are not named

Receipt -- proceeds from sale of enslaved persons, estate of John Ham, deceased, 1837 March 21

James Upshaw, executor. Signed William Glenn, Junior. Enslaved persons are not named

Return to the Court of Ordinary -- James Upshaw, guardian for the minor heirs of George Upshaw, late of Elbert County, 1837 September

Names enslaved persons: Lewis, Henry, Numon [Newman], Peter, Isabel, Wesley, Mary, Patsey, Jack. These enslaved persons are (likely) listed in distinct groups below the names of their purchasers (enslavers)

 

1

13

1838

 

1

14

1839

Receipt -- proceeds from sale of enslaved persons, estate of John Ham, deceased, 1837 March 21

James Upshaw, executor. Signed Willis R. Ham. Enslaved persons are not named

Receipt -- proceeds from sale of enslaved persons, estate of John Ham, deceased, 1837 March 21

James Upshaw, executor. Signed Stephen Ham for John Ham. Enslaved persons are not named

Receipt -- proceeds from sale of enslaved persons, estate of John Ham, deceased, 1837 March 21

James Upshaw, executor. Signed Casten Fortson [?]. Enslaved persons are not named

Receipt -- proceeds from sale of enslaved persons, estate of John Ham, deceased, 1837 March 21

James Upshaw, executor. Signed Richard Fortson Enslaved persons are not named

Affidavits -- receipt of A. D. Shackelford; promissory note of Wily Patterson and John Dawson, 1839-1840

Payment from James Upshaw, guardian for John A. Upshaw to A. D. Shackelford, attorney at law "for collection this 7th September 1840."

Also, promissory note of Wily Patterson and John Dawson to James Upshaw for hire of an enslaved woman named Isabel for the year of 1839

 

1	15	1840
				Receipt -- payment to Susanah Stovall for care of an enslaved woman named Mary, 1840 June 6
			Payment from James Upshaw, guardian of Louisa E. Upshaw.
			"Two dollars for attending to girl Mary in delivery of child." R. M. Norwood, witness

 

1	16	1841
				Receipt -- Louisa Upshaw to Charles W. Griffin, 1841
			"To medical services rendered to black boy $2.00 ..." This enslaved person is not named. Signed, Charles W. Griffin. Payment received "of Joel Baker"
				Assorted accounts naming enslaved persons
			Accounts name enslaved persons, Peter and Isabel. "For hire of Peter to Thomas Burton; to hire of Isabel to James Brawuer [?]"

 

1	17	1842
				Affidavit for transfer of enslaved persons named Peter, Isabel, and Wesley, 1842 January 10
			From James Upshaw (guardian of J. A. Upshaw) to J. A. Upshaw

 

1	18	1843-1844
				Affidavit for transfer of enslaved persons named Jack, Patsey, William, Louisa, and Mary, 1843 April 17
			Transfer from James Upshaw (guardian for Louisa E. Upshaw) to W. M. Jones, spouse of Louisa E. Upshaw.
			"The negroes belonging to me in the right of my wife ... Jack, a man[,] Patsey [and] her two children William [and] Louisa[,] and Mary [and] her two children"

 

1	19	1845
				Letter -- from W. R. Erwin [?] to James Upshaw naming enslaved persons
			Lists enslaved people on reverse side named: Matildy, Julian, Martha, Caroline, Sarah [?], Polly, Ishmael, Clary, and Mildred.
			Uncertain if persons Caroline and Polly listed above are same persons as mentioned in body of letter: "Caroline sends her respects to all [and] also give [and] accept mine tell sister Polly I will answer her letter fore long"

 

1	20	Genealogy
				Recorded genealogies of white Upshaw family

 

box	folder
Request box
2	1	1846

 

2

2

1848-1850

 

2

3

1851-1853

 

2

4

1854-1857

 

2

5

1858-1860

 

2

6

1861-

 

2

7

1863-1864

 

2

8

1881

 

2

9

Letters, undated

 

2

10

Letters, undated

 

2

11

Miscellaneous notes, receipts, John Staples land plat, undated

 

2

12

Miscellaneous, notes, receipts, undated

 

2

13

Miscellaneous, undated