James Washington Grant (c1790/1800) and Nancy Tomerlin of Rutherford Co, NC

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I (Marty Grant) am a 1st cousin 6 times removed to James W. Grant.

James Washington Grant was born ca 1790/1800 (per 1830 census). He was presumably born in Rutherford County, North Carolina.

James W. Grant is a proven son of Clementine Grant, and born out of wedlock. Two records prove his connection to her: the Will of James Love (dated 19 Apr 1802) and a court record (dated Apr 1805). Both of these records explicitly name James as Clementine's child. None of the records state who James' father was.

Although it isn't stated in his Will, James Love could be the father of James Grant. If he isn't the father, he may be the grandfather instead. There is some connection, or he wouldn't have left something to just one of Clementine's children and not the rest.  

Clementine Grant never appeared on a census record, so presumably, she was always residing with other family members, and was never the head of her own household (or at least she wasn't during census years), even though she raised 6 children, this makes it hard to track James in his early years.

For the 1800 census, James W. Grant should have been enumerated in the "under 10" age group (born ca 1790/1800). I suspect that Clementine was still home with her widowed mother (Mary Grant) that year, and sure enough, there was a male child with them who was the right age to be James.

On 19 Sep 1802, James Love, Merchant, made his Will in Rutherford County, naming first "James the son of Clementina Grant", giving him $50 (but not stating any relationship). Next he names his wife Ann, and daughter Nancy Sims, and son John and brother David. He names as executors his wife, and  his friends Thomas Hunter, Merchant of Pendleton District, South Carolina and William Toms, Merchant. Witnesses were: Lewis Hughes, and John McGaughy. (Rutherford Co, NC Will Book A page 153 as published in "Rutherford County, North Carolina Wills and Miscellaneous Records 1786-1868" by James E. Wooley and Vivian Wooley)

In April 1805 in Rutherford County Court, Alexander Grant and James Boyle made a bond (a bastardy bond) assuring the county "that the following children of Clemmy Grant, Viz, Mary and James Washington shall not become chargeable to the County".

James Grant would have been between 10 and 20 years old by the time of the 1810 census. However, Clementine's location that year is unproven, but I strongly feel she was living with her oldest daughter Franky Pearson, however, if that is true, James did not seem to be with them, as no male child that age was living there, however, there were two males "under 10", or born ca 1800/10). If James' birth was ca 1800, then he would fit. Of course, he could have been living anywhere at this time, perhaps with an Uncle or older sibling.

On 13 Oct 1818, one James Grant (don't know which one) obtained a marriage bond in Rutherford County to marry Nancy Tomerlin. William Grant (c1789) was bondsman. I have no way of knowing if this James Grant is the same person as James W. Grant. I once thought for sure that it was, mainly because the administrator of his estate (in 1841) was a Tomerlin, however, the Tomerlin's were neighbors of the Grants, so that doesn't necessarily mean anything. William Grant, the bondsman was a first cousin to James W. Grant, so he could easily have been willing to be bondsman for his cousin. However, William had a brother named James, of whom not much is known, except that he was probably too young to have married in 1818. In other words, this James may or may not be the same person as James W. Grant. For now, I'll just assume that it was, pending evidence either way. (There was an apparent widow Nancy Grant on the 1830 census in Rutherford near Randal Grant (1770/75), a possible daughter or daughter-in-law of his, could this Nancy be Nancy Tomerlin, widow of James Grant, thus making him a different James from our James W. Grant?).

If the above 1818 marriage is for our James W. Grant, then he should have been listed on the 1820 census somewhere, but he was not found in Rutherford County, nor elsewhere in North Carolina. It is possible that he was missed, or that he and his wife were living with her parents (who are unknown) or with other relatives.

The 1830 census shows two James Grant's in Rutherford County, NC, and very near each other as well. As mentioned earlier, there was also an apparent widow Nancy Grant listed as well, who could be Nancy Tomerlin Grant, and if so, her husband James was dead by 1830, thus making him a different man than James W. Grant. Of the two James' listed in 1830, one was listed with just himself and apparent wife (both born ca 1790/1800), and no children, which fits well with what we know of James W. Grant, who died leaving no children.

1830 census analysis (based on available evidence): (Explanation of this census)

1830 Rutherford Co, NC pg 451 James Grant 0000010000000-0000010000000
Analysis:
1 Male(s) 30-39        (1790-1800)	James W. Grant (1790/1800) s/o Clementine
1 Female(s) 30-39      (1790-1800)	Nancy TOMERLIN Grant (1790/1800) wife m 1818

James W. Grant was listed on the 1835 Voter List for the 12th District Congressional Elections. He voted in Logan's Precinct of Rutherford Co, NC.

The 1840 census reveals no sign of James Grant in Rutherford County, and in fact, he was probably dead by then, for his estate settlement began in September 1840. It seems likely that his wife Nancy had also died before then, for she was not mentioned in any of the estate papers.

In September 1840, the Court appointed John Tomberlin as Administrator of James Grant's estate (I always assumed John was a brother-in-law or father-in-law to James, being somehow closely related to Nancy Tomberlin, but with no direct evidence). (Rutherford Co, NC Estates Book B page 28)

On 14 Sep 1840, an Inventory of James Grant's Estate was returned by John Tomberlin, Administrator. (Rutherford Co, NC Estates Book B page 32)

In Fall Court, 1840, an estate sale of James Grant's Estate was held. There were many purchasers, but those of note included: George Tomberlin, Susan Grant, Thomas Grant, and Benjamin Tomberlin. Susan and Thomas Grant were James siblings. Perhaps the Tomberlin's were siblings of Nancy Tomberlin. (Rutherford Co, NC Estates Book B page 40)

In 1841 (no exact date), the Court appointed Thomas Jefferson, Francis A. Littlejohn and Walter B. Rutherford to settle with John Tomberlin on the estate of James Grant. I'm not sure what this record means. (Rutherford Co, NC Estates Book B page 128)

The most significant record in James Estate file is the one quoted below in its entirety. This record names the heirs of James Grant, being his siblings. This record is dated 6 Nov 1841. (Rutherford Co, NC Estates Book B page 167)

In Persuance of a commision to us directed 
to settle with John TOMBERLIN, administrator of James GRANT, deceased, do report and 
find that the amount of sale is as follows:
Amount of Sale:                    436.57
Cash on hand:                        3.77
                                   440.34
Commision allowed Administrator:    22.00
                                   418.34
                                    76.85
                                   344.49
A.G. LOGAND ack of ricpt              .46
M. Daniel HALLOWAYS ricpt           20.53
McENTIR & WALTONS acpt & ricpt       5.01
James M. LOGAN acpt & ricpt         10.00
Clerks Fees                          1.75
Auctioneer                           2.00
John TOMBERLIN acpt                 24.00
                                   344.49
A.G. LOGAND ack of ricpt              .46
M. Daniel HALLOWAYS ricpt           20.53
McENTIR & WALTONS acpt & ricpt       5.01
James M. LOGAN acpt & ricpt         10.00
Clerks Fees                          1.75
Auctioneer                           2.00
John TOMBERLIN acpt                 24.00
Malinda GRANT acpt & Ricpt          10.00
Commisioners Fees                    3.00
                                    76.85
We find Thos. GRANT, Susan GRANT, Miry HEAD, Polly DALTON & Franky PEARSON,
brothers and sisters of deceased, consequently equal shares $68.29. Nov 6,
1841. S: Thos Jefferson, W.B. Rutherford, Francis A. Littlejohn,
Commisioners. Recvd of John TOMBERLIN administrator, three dollars, our fees
as commissioners this 6 Nov 1841. Thos Jefferson W.B. Rutherford, Francis A.
Littlejohn

Children

James Grant and his wife Nancy Tomerlin (if she was his wife) had no children, or at least none to survive beyond childhood.


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Register Report


1. James Washington1 Grant , born 1790/1800 in Rutherford Co, NC; died 1840 in Rutherford Co, NC, son of (---) ?  and Clementine "Clemy" Grant .  He married on 13 Oct 1818 in Rutherford Co, NC Nancy Tomerlin , born 1790/1800 in Rutherford Co, NC; died 1830/40 in Rutherford Co, NC.


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