THE WILLIAM HENRY & NANCY (JONES) DUTY FAMILY
1801 - 1876 1814 (13;24?) - 1900
William Henry Duty Nancy Ann Jones
|Nancy Ann (Jones) Duty wife of William Henry Duty|
Connection to Chart: William Henry Duty and Nancy Ann (Jones) Duty were the parents of Mary Jane Duty, who married James Oscar Whatley.
Henry was born on April 12, 1801 in Sumner county, Tennessee; he was the son of George Duty and Eliza (or Elizabeth) Thomas. (Note: Migration pattern = Henry's ancestors migrated from North Carolina to Tennessee, to Hempstead county, Arkansas, and from there to Texas. Henry was born in Sumner county, Tennessee; North Carolina; 1846 Hopkins county, Texas; Before 1850 Falls county, Texas; 1850 Milam county, Texas; 1860 Falls county, Texas; Tennessee? Another source had this to say: "Henry and Nancy Ann emigrated to Texas while it was still a Republic. They had three kids before moving to Hopkins county, Texas in 1846, and had five more children born in Texas, the last four kids were born in Falls county. The family resided in eastern Texas for some years, and finally, locating in Falls county in 1849, settling close to the falls near the McLennan county line, engaging in farming and stock raising. By 1850, Henry had bought land in the present day Satin area").
When Henry Duty came to Falls county, Texas, there was not another family living between the present sites of Marlin and Waco, a distance of 28 miles, on the west side of the west side of the Brazos river, on what is now the road leading from one town to the other. The house, which was the first in this section, was composed of post-oak logs, and the floor was of split puncheon. The nearest neighbors being in Waco and in Marlin where there were one or two families in each. The Indians were plentiful in this section, but they were friendly and Henry's family did not have trouble with them. The country was covered with vast herds of deer, antelope, wild cattle and wild horses. The buffalo, which seemed to migrate in 1848 had not all left the country and it is said that Henry killed one or more of them. Milling was done by hand on a stone mill, which was in Waco. In 1851, Gilbert Jackson erected the first mill in Falls county, at what is now called Rock Dam, which was four or five miles from Henry Duty's house, and when he commenced to saw cedar lumber, Henry became extravagant and placed a cedar floor in his home. It was about this same time period that settlers began to arrive in this area. Joseph Salmon, Gilbert Jackson, and E.H. Hatch were Henry Duty's closest neighbors, and for many years these families formed the principle settlements on the road between Marlin and Waco. All of these people were stockmen on an extensive scale. At the commencement of the war in 1861, the county was fairly well settled. Henry Duty was too old for service in the war, but his sympathies were strongly with the South. His sons James, John, and Pendleton served in the Confederate Army.
Henry married (1) Elizabeth Berry ("Ibbey") about 1825 in Sumner county, Tennessee. Ibbey was born about 1808 in Tennessee. She died about 1837 in Holly Springs, Arkansas. There was a property deed between Henry and his first wife's children:
"Duty" Family: Transfer of ownership of Henry Duty's slaves to his children - 1858 in Falls county, Texas.
The State of Texas
County of Falls
This agreement made and entered into this the 18th day of November A.D. 1858 by and between Henry Duty of the one hand and James M. Duty, John H. Duty and John Barton on right of his wife Elizabeth J. Barton and with the consent of the said Elizabeth J. Barton the latters parties being a portion of the heirs at Law of the said Henry Duty and his children by his first wife witnessed that for the consideration hereinafter mentioned and expressed that said Henry Duty agrees to transfer all his right title and interest appertaining to him in his own right to the aforementioned parties of the second part in and to the following described property to wit: one negro woman slave named Malinda aged about forty eight yrs, and one negro man slave named Mat, aged about twenty two years, the conditions of the above transfer and agreement made above by the said Henry Duty to the said James M. Duty, John H. Duty, and John Barton in sight of his wife, as aforesaid in as follows, that the said James M. Duty, John H. Duty and John Barton for his wife as aforesaid they and each of them do hereby relinquish all further right as the heirs at Law of their Mother to any property that may be in the possession of the said Henry Duty and further relinquish all claims to any property now in the possession hereafter to be acquired by the said Henry Duty, as the heirs of the said Henry Duty unless the same should be willed to them by the said Henry Duty, In order to be fully understood, it is agreed that the said James M. Duty, John H. Duty and John Barton for his wife hereby distinctly disclaim and disavow any rights as the heirs at Law of the said Henry Duty, with the exception above expressed and intend this instrument to understood and construed unto a full receipt for all claims as heirs at Law of their Father Henry Duty in confirmation of which agreement to be fully conformed to by each party they the parties of both the first and second part have hereto set their hands and scrawls seals this day and year above recited
Henry Duty (seal)
James M. Duty (seal)
John H. Duty (seal)
John Barton (seal)
State of Texas
County of Falls
Before me the undersigned authority personally appeared Henry Duty, James M. Duty, John H. Duty and John Barton who signed and delivered the above instrument in my presence and acknowledged that they executed the same for all the purposes therein contained, given under my hand and seal of office this the 18th day of November A.D. 1858.
Chief Justice Falls County
State of Texas
County of Falls
Before me the undersigned authority personally appeared Elizabeth J. Barton who acknowledged that she consents for her husband John Barton to sign the foregoing instrument of writing for the purposes therein contained.
Elizabeth X J. Barton
Signed and acknowledged before me this the 18th day of November A.D. 1858 she having been examined privily and apart from her husband.
Chief Justice Falls County
I Saml D. Barclay clerk of the county court of said county hereby certify the above to above to be a true copy of an instrument of writing and the certificates of authenication, filed for Record in my office of the 19th November at 9 o'clock am and by me duly recorded on this the 29th day November A.D. 1858.
Saml. D. Barclay clk.
By D.M. Barclay Deps
(Source: Falls County, Texas courthouse. pgs. 277 - 278).
William Henry Jones married (2) Nancy Ann Jones ("Nancy") on April 12, 1838 in Hempstead, Arkansas. She was born on January 16, 1814 (1813; 1824?) in Kentucky. Her father was John Jones of Kentucky. Nancy Ann Jones could not read or write. She died on April 28 (20?), 1900. On November 18, 1858, Henry sold two slaves to his children: Malinda, age 48, and Mat, age 22. In 1860, they lived in Falls county, Texas. Henry was a pioneer farmer/ rancher whose real estate was valued at 2760 (His personal estate value was 3760). They lived in the Brazos river bottoms of the Golinda-Satin area of Falls county, Texas (near McLennan county). His farm was on the west side of the Brazos river. Henry died on June 30, 1876 in Falls county, Texas and is buried in the Fletcher cemetery in McLennan county, Texas. (Note: One source said that Henry was buried in the Harris cemetery at Rosenthal, Texas in Falls county. This is incorrect; I found the tombstone in Fletcher cemetery. Another source said that Henry was buried on July 1, 1876 in Harris cemetery). Henry was 75 years old at the time of his death.
|Fletcher Cemetery. Golinda, Texas east of Waco.|
Duty tombstones at top of hill directly behind historical marker.
|Duty tombstones (view is west to east)|
Henry in middle; Nancy to his left; Left of Nancy's base
are two circles of rocks which may be Duty graves, one at front
and one at back (can't see in pic. due to grass).
|Henry Duty Tombstone|
Fletcher Cemetery, east of Waco, Texas
12" wide; 4' 6 3/4 " tall (includes 6" base)
Faces east on hill overlooking large valley
|Henry Duty (left); Nancy Duty|
(base on right).
(View is SE to NW)
|Henry Duty's footstone|
(east of his tombstone)
|Nancy Ann (Jones) Duty.|
Tombstone is now missing.
One source said of Henry (newspaper obituary),
"He was a man of generous impulses and kindly disposition, well versed in the affairs of the day, intelligent, industrious and thoroughly honorable. He enjoyed the universal esteem of the community in which he had lived for so many years, all of whom severely mourned his death".
The Children of Henry & Ibbey (Berry) Duty:
I. James Madison Duty: He was born on November 10, 1825 in Ankansas; he served in the Confederacy during the Civil War. His wife's name was Martha Ann. They had the following children:
A. Susan Duty: She was born prior to 1860.
B. James Duty: He was born prior to 1860.
C. John Duty: He was born prior to 1860.
II. George Franklin Duty: He was born on January 16, 1831 in Arkansas; he died in Falls county, Texas.
III. Elizabeth Jane Duty: She was born about 1835 in Arkansas. She was born about 1835 in Arkansas. She married John M. Barton about 1851; he was born about 1818 in Tennessee. He was the sheriff in Falls county, Texas; he also served in the Confederacy during the Civil War. He died about 1867 in Falls county. His parents were Robert Barton (He is listed on the 1846 Tax list of Limestone county, Texas. He died before 1850) and Mary Bankhead (She died before 1850). Elizabeth Jane Duty died about 1858. She and John had the following children:
A. Robert Barton: He was born in 1851 and died when he was a teenager.
B. Henry F. Barton: He was born in 1853; he was raised by Isaac M. and then by his uncle, David G. Barton. Henry married Easter Ann Mires.
C. George Barton: He was born in 1858 and died when he was a teenager.
IV. John Henry Duty: He was born about 1837 in Arkansas.
V. Martha Ann Duty: She was born on March 12, 1829 in Arkansas. (Note: Source, Jana Randall, adds this child).
The Children of Henry & Nancy (Jones) Duty:
I. James Duty: He was born in 1826 in Arkansas. He was a "laborer" in 1850.
II. George Duty: He was born in 1833 in Arkansas. He was a "laborer" in 1850.
III. Elizabeth Duty: She was born in 1835 in Arkansas.
IV. Thomas J. Duty: He was born on September 15, 1838 in Arkansas. (Note: There is a "John" listed 1837 Arkansas. Is this Thomas J. or another child?).
V. Pendleton Jett Duty ("Pendleton" or "Penn") (Note: One source says Pludleton Jones Duty): He was born on October 19, 1840 in Arkansas. He married Mary Ann Salmon ("Molly") on January 25, 1865 in Falls county, Texas. Her parents were Joseph and Elizabeth Salmon. In 1860, his occupation was listed as a farm laborer; he was also a Confederate veteran. Penn died on August 13, 1908. He is buried in Golinda Cemetery in McLennan county, Texas. He was 68 years old at the time of his death.
|Pendleton Jett Duty tombstone|
Golinda Cemetery, Golinda, Texas
(Image by Dee Winter, Dec. 30, 2009)
VI. Mary Jane Duty ("Mary"): She was born on November 20, 1843 in Arkansas; she married James Oscar Whatley on January 17, 1859 in Falls county, Texas. He was born about 1837-1838 in Georgia. His parents were Wilson and Mary Whatley from Georgia; they relocated to Falls county, Texas. Mary was a more lenient person than her daughter Sallie. Mary lived with Jewell Blair's family for several years. Robert Thomas Blair would call her Molly when he got mad at her. She used to play with a girl named Lucy that was her cousin. Mary Jane Duty lived near Moody, Texas (McLennan county). She died in Golinda, Falls county, Texas (Note: Another source said she died about 1910 in Fort Worth, Tarrant county,Texas). Mary Jane (Duty) Whatley and her husband, James Oscar Whatley had the following children:
A. Oreganna Whatley (Oregon; Oregana; Oregona): She was born in February, 1859 in Texas.
B. Sallie Whatley: She was born on August 2, 1865 (66) in Golinda, Texas. She married Robert Thomas Blair. She died on February 14, 1944 in Sparks, Bell county, Texas.
C. Henry L. Whatley: He was born in 1865 in Texas.
D. Sarah Whatley: She was born in 1867.
E. James Whatley: He was born in 1869 in Texas. He was in Falls county, Texas in 1870.
F. William J. Whatley: He was born in 1873 in Texas.
G. Lillie M. Whatley: She was born in 1876 in Texas. She married a Mr. Asbury.
H. Thomas Oscar Whatley ("Thomas"): He was born on March 3, 1879 in Falls county, Texas. He married Mary Lou Lutteral about 1897. He died in the 1930s in Fort Worth, Texas (Tarrant county).
I. Eula Whatley: She married Widdle Caldwell.
(Note: Mary Jane Duty's list of children may be incomplete).
VII. Robert Barton Duty ("Robert"): He was born on July 11, 1846 in Hopkins county, Texas Note: His first wife was (1) Harrieta Wozencraft; they married on October 5, 1865 in Falls county, Texas. She was born on February 2, 1845 in Arkansas. She died on December 19, 1877 in Golinda, Falls county, Texas at the age of 32 years, 10 months and 17 days. She died while giving birth to her daughter Harriett. The inscription on her tombstone in Golinda cemetery in McLennan county, Texas reads, "FAREWELL Asleep with her baby by her side. Asleep in Jesus. Blessed sleep from which none ever wakes to weep".
|Harrieta (Wozencraft) Duty tombstone|
Golinda cemetery, McLennan county, Texas
(Image by Dee Winter, Dec. 30, 2009)
A. William Duty: He was born about 1866 in Falls county, Texas. He served in the Spanish-American War.
B. Rosalie Belle Duty: She was born about 1868; she married A.L. Dickenson.
C. Nancy Ann Duty: She was born about 1872; she married John P. Clark on July 20, 1890.
D. Harriett Wozencraft Duty: She was born on December 19, 1877 in Golinda in Falls county, Texas. She married Joseph Sidney Miller on December 26, 1893. He was born on November 15, 1869 in Golinda, Texas. He died on December 10, 1953 in Granview in Johnson county, Texas. Hariett died on March 26, 1904 in Eldorado, Oklahoma.
Robert Barton Duty and his second wife, Mary Ann Summers ("Mollie") had the following children:
A. Robert Summers Duty: He was born about 1880; he married Emma Brewer.
B. Mary Duty: She was born about 1882.
C. Joseph W. Duty: He was born on July 20, 1883 and died on January 16, 1949.
D. Texas Edna Duty: She was born on January 28, 1885 and died on February 20, 1972. Her husband was (1) Pierce Crook and (2) W.R. Halfman.
E. Frances Duty ("Frankie"): She was born about 1886. She married Steve Coyel.
F. James Clay Duty: He was born about 1888; he married Minnie Florence Hood. They had three children.
G. Roger Duty: He was born about 1890 and died when he was young.
H. George Griffith Duty: He was born about 1892.
I. Pendleton Jett Duty: He was born about 1894; he married Clara B. Forney. They had two children.
VIII. Richard Phillip Duty ("Richard"): He was born on August 21, 1849 in Falls county, Texas; he married Julia Harwell. He died on February 11, 1897.
VIV. Alfred Berry Duty ("Alfred"): He was born on August 7, 1853 in Falls county, Texas; he married Angie Brown.
X. William Duty: He was born on February 27, 1856 in Falls county, Texas. he died prior to 1892.
XI. Rice Duty: He was born on November 12, 1860 in Falls county, Texas.
1. Census Records:
a. 1860 Falls county, Texas. (Recorded on July 21st. page 1. Household # 2. Subdivision # 5. Post Office: Golindo). Henry Duty family on the same page with the Whatley family.
b. 1880 Bell county, Texas. (James O. Whatley family lists birthplaces of Mary Jane Duty's parents). June 24th. Precinct # 3. page 42. Supervisor Dist. 4. Enumeration Dist. 5. Household 346-347.
c. 1850 Milam county, Texas (September 28, 1850. Milam & Williamson District). Henry Duty family.
d. 1870 Falls county, Texas (March 11th. Precinct No. 5. Post Office: Rockdam, Texas. Family 104 - James Whatley family. James' father, Wilson, is living with them).
2. Families of Falls County, Falls Co. Texas Historical Commission. Note: This book was a major source of information for this article. Eakin Press. Austin, Texas.
3. McLennan County, Texas Cemetery Records, Volume 2: Fletcher Cemetery Records - Hwy. 77 about one mile north of Rosanthal on the west side of the highway on the Reuter farm. The records are listed in January 1971, page 25 ("Duty, Henry: April 12, 1801 - June 30, 1876. The stone is laying on the ground. It may have his wife's name on the back as there look to be two graves, but it is huge and we could not turn it over"). Note: In the mid 1990's, Billy Blair found the cemetery and tombstone. The tombstone was standing in proper place; no other name except Henrys was on it. I believe his wife had a similar tombstone next to him, but it is missing. The large, square base for her tombstone is in place.
4. Document transferring ownership of Henry Duty's slaves to his children in 1858 in Falls county, Texas. Falls county, Texas courthouse, pages 277-278.
5. Converging Paths by Thelma McKinney. 1972 copyright. Publishers: The Manney Company. 1041 Isbell Road. Fort Worth, Texas 76114. (The book can be ordered through Thelma D. McKinney. 2952 Fir Park. Fort Worth, Texas 76118. Price: $ 10.50). Note: This book was a major source of information for this article.
6. Sources listed with Jana Randall's research:
a. Falls County Families, pages 126-127.
b. History of McLennan & Falls County, pages 434-435.
c. Bell & Coryell Counties, page 435.
7. Sources for the "Duty" name:
a. Linda McArthur: mcArthur@zianet.com
8. Pictures of Fletcher cemetery and Duty graves taken by Billy Blair on Friday, June 7, 2013.
9. "Find A Grave" website records for Henrieta (Wozencraft) Duty, wife of Robert Barton Duty, "Find A Grave Memorial # 46158245. Created by Dee Winter on December 30, 2009. Also "Find A Grave Memorial # 46157794 for Pendleton Jett "Penn" Duty, son of Henry & Nancy Duty. Photos of both tombstones also taken by Dee Winter.
10. Location of Golinda cemetery in Golinda, Texas (McLennan county): Take highway 77 south from Waco to Golinda. Just as you cross over the county line, from McLennan into Falls county, take the gravel road on your left. Follow it for 1 and 3/10ths miles, to a gravel lane on your left. Take this lane, which will lead you to Majors Chapel cemetery. Drive around Majors Chapel Cemetery to the east side. Golinda cemetery is in the wooded area.