Born in Lunenburg Co., VA. In 1836, just after the fall of the Alamo, he and his brother Merriwether Hurt Ussery, enlisted in the Texas Army in the War against Mexico. Mastin married Lucinda Magby Turner Wallace, dau. of Elisha Turner. At one time Mastin and Lucinda owned 9000 acres of land in Harrison Co., TX. Photo owner Mike Ussery of Dallas, TX
Mastain Stephens Ussery was born Dec 15, 1803 in Lunenburg Co., Virginia to Samuel Ussery, Jr. and Nancy Mary Stokes Hurt. He died Oct 6, 1876 in Hunt Co., TX and is buried in the Camp Ground Cemetery, Terrell, Texas.
He and his brother Merriwether Hurt Ussery enlisted in the Texas Army during the War of Independence against Mexico, after the fall of the Alamo in 1836. They were in Capt. David Brown's Company.
His first wife was Evaline Latting whom he married in Chicot Co., AR in 1829. They were married by Richard Latting, J.P. In March of 1831 they divorced. He married his second wife Lucinda Magby (McBee) Turner Wallace Feb 15, 1838 in San Augustine Co.,Republic of Texas by R.W. Caldwell, J.P.
Lucinda was born Feb 22, 1817 in Kentucky and died Jan 4, 1871 in Hunt Co., TX. She too is buried in the Camp Ground Cemetery in Terrell, TX.
His third wife was Olivia J.whom he married in Hunt Co., TX. After Mastain's untimely death (Oct 6, 1876), Olivia signed over her interest of his estate to his children.:
October 17, 1876-Hunt Co TX Deed K, pg 169
Olivia J. Ussery, widow of the late Mastin Ussery dec'd of the county and state above in consideration of $250 and a buggy and two horses, relinquishes all interest in real estate and personal property belonging to Mastain Ussery to his family. James & Nancy Stiles, Rachel & Sam Stiles, Mastin S. Ussery, Jack & LBS Parkison, ET Ussery, John & Lucinda Williamson, John & Cynthia Thomas, William Ussery and J.B. Ussery.
After receiving land grands of more than 9,000 acres, the family moved to San Augustine County, and in 1852, moved to Turner's Point, TX in Kaufman Co., TX. It was here that Lucinda's father, Elisha, had received a 4,000 acre land grant from the Republic of Texas. Elisha was a saddler and Mastain was a farmer and co-owner of the cotton gin. In 1876 it was necessary to change the name of the town because there was another post office in Texas using the name 'Turner'. A meeting was held in which Mastain suggested the name Poetry, because the area reminded him of a poem. Shortly after this meeting, Mastain was killed when h is horse slipped and fell, while on a trip to visit one of his daughters. (Some biographical Info provided by Michael Ussery usery@airmail.net)
Their Children:
1. M.A. Ussery b: 1838 mar Bettie Ketchum
2. Nancy Stokes Ussery b: Dec 13, 1840 in Harrison Co. TX d: Jul 16, 1916 Terrell, TX mar. James Stiles b: Dec 23, 1828 in Claiborne Parish, LA d: Jan 23, 1906 in Terrell, TX. They married Jan 4, 1854 in Harrison Co., TX. Both are buried in Camp Ground Cemetery.
3. Mastin Stephens Ussery b: Sep 9, 1842 in Harrison Co. TX d: Jun 4, 1916 in Nolan Co., TX. mar. Amanda Jane Lowrie b: 1848 in Rusk Co., TX d: Jan 27, 1929 in Nolan Co.,TX m: Jun 4, 1865 in Kaufmann Co, TX
4. Rachel Ussery b: Jun 15, 1844 in TX d: Aug 12, 1899 buried in Campground Cemetery. mar Samuel Brice Stiles b: Jan 11, 1840 in Shelby Co m: Sep 1, 1859 in Kaufmann Co, TX
5. Leona S. Ussery b: 1846 in Poetry, Hunt Co., TX d: Sep 20, 1907 in Kaufman, TX mar. Zadock Jackson Parkerson b: 1831 in Wilkes Co., GA d: Feb 28, 1920 in Kaufman, TX m: May 13, 1860 in Kaufman, or Hunt Co. TX
8. Cynthia Ann Ussery b: Jun 1856 in TX mar. 1st John C. Thomas; 2nd Mr. Crews; 3rd Mr. Simmons
9. William Hurt Ussery b: Jun 1856 d: Feb 24, 1933 in Hunt Co., TX- Hunt Cemetery mar. Nannie M. Hart m: Mar 10, 1881 in Hunt Co., TX
10. John Bellamy Windbush Ussery
Legal Transactions of Mastain:
Ft. Gibson, MS Tax List show:
Mastin Ussery, white male, one.
Samuel Ussery, Slaves-one
Mastin Ussery- Horses and cattle -2. Value one hundred dollars
Jan 23 1828
Mastin bought land in Claiborne County, MS as shown in records in Court House in Ft. Gibson, MS. Certificate of purchase is No. 773. He bought 78.38/100 acres, section 5, Township 14 N, Range 4E for $1.25 per acre, or $97.97.
Dec. 26 1828 Mastin Ussery, one slave
Samuel Ussery, one slave, value $400.00 4 horses and cattle
value $20.00
Dec 30, 1828
Sold above land to Elizabeth Taylor, County of Claiborne, MS for $150.00.
Character Certificates in General Land Office of Texas edited by Gifford White #3309 Nacogdoches May 27, 1835; #48 Mastain S. Ussery native USA widow with wife
1835-- Moves from Louisiana to San Augustine, TX and granted one league and one labor of land located in Harrison County, because he arrived in the Republic in the year 1835. (Headright Cert No. 449) Meriwether Ussery, Mastin's brother, located in Shelbyville, TX in 1833.
Abstract of Texas Land Titles; Grants and Locations to Aug. 31, 1941 (Found in Usry Bul #123 pg 1)
HARRISON COUNTY:
Jan 16, 1846- 722 Granted to Masten S. Ussery No. 449; patented to Masten S. Ussery Jan. 16, 1846, No. 522, vol.4; 4560-73 acres; Harrison 1st No.11
December 5, 1861- 723 Granted to Mastan S. Ussery, No. 190/289; patented to Mastan S. Ussery, Dec. 5, 1861, No. 550, vol 16; 44.77 acres, Harrison 1st #162
Dec. 16, 1872 - 724 Merriweather H. Ussery, No. 207; patented to Merriweather H. Ussery December 16, 1872, No. 153,vol. 19; 245.32 acres in Harrison 1st No. 200
June 10, 1873- 725- Granted to Samuel J. Ussery, No. 29/328; patented to Samuel J. Ussery, June 10, 1873, No. 168, Vol. 41; 151 acres in Harrison 3rd, No. 952. (IS THIS MASTAIN S. USSERY'S BROTHER?)
November 16, 1841 - 744 Granted to Lucinda Wallace, No. 73; patented to Lucinda Wallace, Nov 16, 1841, No. 554, Vol.1; 4605.5 acres in Shelby 1st, No. 156.
The following information was contributed by a James H. Beaty pamrbeaty@hotmail.com. He is a descendant of Lucinda and John G. Williamson.
Lucinda Ussery was born Oct 23, 1852 in Marshall, TX to Mastain Ussery. She married John Gaston Williamson who was born Oct 5, 1848 in LA. They had the following children:
Luella Lucinda Williamson was the daughter of John and Lucinda Williamson. She was born Jul 19, 1872 and died Jul 1, 1949 in Wadsworth, Ohio. She married Martin Beaty who was born Feb 8, 1873 and died Aug 10, 1959 in Wadsworth, Ohio. They are both buried in the Woodlawn Cemetery. Their children were:
John Bellamy Windbush Ussery was born Jan 3, 1859 in TX to Mastain Stephens Ussery He died Nov 27, 1956 in Hunt Co., TX and is buried in the Simmons Cemetery (some records say Mt. Zion Cemetery). On Feb. 13, 1876, he married Luzetta Rogers Gurley. They had the following children:
(Family info provided by Mrs. Marjorie Young of Grand Prairie, TX)
[Per Bill Wood (brwood@flash.net), Elisha Turner was raised by his Uncle Samuel McBee (not Magby). Elisha crossed the country with his uncle and they parted in Louisianna; Samuel went to Lowndes Co., MS and Elisha to Texas. Lucinda's mother was Rachel White and her father is believed to have been Samuel White. ]
They had the following children:
Mrs. Nellie Holder , Wills Point, TX--Usry Bul 134 pg 2
In what must have been around 1850, my grandfather Elisha Turner Ussery settled on a section of land in Hunt Co. near a little hamlet called (later) Greenville, Texas. Supplies for the early settlers were scarce and grandfather took it upon himself to haul them in from Jefferson, Texas, over 125 miles away. The trip took many weeks by ox team and grandmother was left alone with their tiny daughter and the ever-present danger of prairie fire. One day she smelled the dreaded odor of smoke. Taking little Leona (my aunt) tied to the saddle horn, she bravely began to fight the fire with the hope of at least keeping it off the farm buildings. Tired, almost exhausted, she heard the scream of a panther on the other side of the fire. Frantic with fear for her baby's safety, she fought with renewed energy and succeeded in turning the fire from her home. Later the charred remains of panther kittens were found where the fire had seared over them. Fire fighting was all in the day's work for my brave little grandmother.
When he (Elisha) and Grandmother were first married sometime near the mid-eighteen hundreds, all they had in the way of furniture was a straw mattress, a split log table and a cane-bottom chair. Cooking was done on an open fireplace with Dutch oven and an iron kettle swung from a crane over the fire. Grandfather made a crop that year with a borrowed mule and a single stock. Everything went well and he said to Grandmother, "Now, Mary Eliza, guess we can buy us some furniture." To which she answered, "No, we had better buy something to make a living with." So they bought a brood mare and milk cow. The Lord blessed this courageous young couple and when grandmother passed away in 1914 they owned over two sections of land plus every kind of stock to make a living with. Not many this day and time would have half their courage.
MARIAN COUNTY, TX (Usry Bul 123, pg 2)
1880 Hunt Co, TX ED 67 sheet 30- soundex only
Marcus Walton Ussery was the son of Elisha Turner Ussery. He was born March 9, 1880 in Hunt Co., TX and died May 22, 1948 in Mead, OK. He married Mary Ida Bowers who was born Mar 15, 1882 in Town Creek, AL and died Dec 14, 1960 in Hunt Co., TX. They had the following children:
The following was provided by Mrs. Marjorie Young of Grand Prairie, TX - 1998.
(See Lincoln Co., TN 1850 Census to find this family prior to this court case.)
Harrison C. Texas District Court File #2472
Petitioners were John McMills, Nancy McMills, Sarah Ann Ursury (per record) vs. Thomas W. Clark and Mary E. Rains.
Witnesses summoned to give evidence were:
Hardy Strickland - issued Dec. 26, 1853. He spent 14 days and traveled 36 miles.
John McMills et als vs. Thomas W. Clark, Adm.
District Court Fall Term A.D. 1853
The following is a statement of facts proven on the trial of the above suit: Hardy Strickland being sworn, stated, that Presley P. Rains told him that he had sold to JOHN URSURY one hundred acres of land, for which he had secured payment. That URSURY had built houses on it; and cleared a field, and died on it. That he proposed to buy the URSURY place from Rains; that Rains said he would like to have him for a neighbor, but that he could not sell him the land, for he had sold it to URSURY, and given a bond for title. Witness said that he did not know whether the land described in the petition was the some land that Rains he had sold to URSURY, That the spring is on the Alfred Reel head-right,
That Rains was then living on the Alfred Reel head-right This was in the year 1839. That the JACK URSORY place which he proposed to buy of Rains was about 1/2 or 3/4 mile from where Rains then lived.
McAdams being next sworn, testified, that in March or April 1840 Jamison, at the request of Mrs. Rains showed him the ___ of the tract of one hundred acres, which Mrs. Rains said had been laid out by her husband and Jamison, for JACK URSURY, that he, the witness, examined the line? and found the tract in an oblong shape; that Jamison pointed out a grave; and showed him a live tree marked with the letters J.M. Mrs. Rains proposed to sell the land to the witness, in the presence of her mother, old Mrs. Ursury, who said to her, “Sarah Ann, you ought not to sell that land for you know that Jack Ursury bought it and paid for it in a yoke of oxen at one hundred dollars and Mr. Rains gave his bond for title to it.” Witness then proposed to buy the land but ___ that year from Rains, widow of P.P. Rains, and stated that a man by the name of Britt wanted it from Mrs. Rains, the next year. The witness further testified that Ben Kimberland’s houses are now three or four hundred yards east of where the Ursury houses were, in the same tract of land, known as the Ursury place; and that the Ursury place is on the William Little headright survey.
Stanfield, Kimberling, Boulware and Hall, being next sworn and the following description of land being read to them by the defendant’s counsel from the petition, to wit: “One hundred acres, bounded on the East by the land of Albert Jones, on the South by that of Thomas W. Clark; on the North by that of Benjamin Kimberland; and on the West by the lands of James King and Forest.: They each severally testified, that they knew the land thus described; that it is on the Alfred Reel headright; that there never has been any houses, improvements, nor clearing it; that the Ursury improvements are on the William Little survey from 1/2 to 3/4 off a mile from the defendant Clark’s house, which is the same place where Rains lived in 1839. Stanfield further testified, that Ursury showed him his clearing on his south boundary line in 1838 or 1839 and pointed to where there was a spring; he said it was on a point of land and that he could have the use of it. Witness said the spring was on the land described above, on the Alfred Reel survey. That Clark has been in the possession of land since 1840 and he (witness) considered that he had it in possession for the estate and heirs of Rains.
It was also in evidence, that at the time Mrs. Rains proposed to sell to McAdams, she was the widow and administratrix of P.P. Rains; _then?__ married Thomas W. Clark, who became administrator of Rains’ Estate, and also administrator of Jack Ursury’s estate, and still is so, of both estates. That the Pltf Nancy [Clark] is now the wife of Pltf John McMills, is the surviving wife of Jack Ussery, and the Pltf Sarah Ann is the only child said Ursury and the said Nancy and is about 14 or 15 years old. (Editor's note: Nancy Clark first married John A. Ussery and they had Sara Ann b. abt. 1839; then married John McMills . Their children were John, William and Isaac).
We the counsel for the plaintiffs to the above suit, agree to foregoing statement of facts, and that the ___ contains all the facts proved at the trial, sig under our hands and seals this 7th February 1852.
Adams & Wilson for defendants
Harrison County District Court File #3251; Filed January 23, 1857 (Complete case was not in file)
State of Texas, Harrison Co. March Term 1857
To the Honorable C.A. Frayer, Judge of the 6th Judicial District of the State of Texas.
Your petitioner, Nancy McMills, a citizen of said state and county, humbly complaining showeth: That in the year of 184? she was married in the County of San Augustine in this state to her present husband John McMills, also a citizen of Harrison County and State aforesaid:
That she has ever behaved towards her said husband as an affectionate and dutiful wife ought to do, and discharged and performed towards him all the duties pertaining to the sacred relation she gave to her said husband; But on the contrary your petitioner having been with her said husband until forbearence has ceased to be a virture, as the last alternative, is, for self-preservation, compelled to charge her said husband John McMills as Guilty of Excesses, Cruel Treatment and Outrages towards your petitioner, so much so as to render now this living together longer wholly insuportable.
Your petitioner charges that her said husband is worthless, idle and time and again dissapated to the last degree that he has in his wild drinking and gambling sprees, rambled off and left herself and their children wholly unprovided for and remained away weeks and months at a time, until he has gambled off and squandered for liquor, his horse,money and whatever else he had and then return home to eat up and consume the little she had been enabled in the mean time to gather together and ....[?] their abode anything but what it should be.
Your petitioner has not only suffered and [?} the abuse of his tongue, times innumerable, in the use of language too grossly offensive to be repeated, but she has been compelled of late, within the last few weeks and months personal abuse and chastisement. He has at one time during the last fall seized your petitioner in a wild and angry manner for the purpose of beating her and would have done so but for the timely interference of her children. Again just before starting away on his present trip he caught your petitioner and ran her back against the wall of the house and then clotted? her and would have injected serious badly injury had not her children come to her relief.
Your petitioner shows that the said John McMills had no property of his own at the time of their marriage and has made nothing since; but continued to squander and waster her seperate estate until she is now greatly reduced from her former condition in life.
Your petitioner owns in her own seperate right, four hundred acres of land, a part of the headright of John A. Ursery situated in Harrison County about 12 miles a little south of west from Marshall and also an undivided half of one hundred acres acquired from the said Ursery situated in said county near the Wellings? Ferry Road about 15 miles from Marshall and adjoining the lands of Thos. Clark that she owns in her own write [sic] as aforesaid, a negro man named David about 50 years old, two cows and calves, one old ox, and one waggon, two sows and pigs, some household and kitchen furniture of but little value and two horses, one of which the said McMills took also away with him and has now as petitioner is informed, under attachment in Fannin County for his liquer [sic] bill.
Your petitioner would further show that William Crenshaw of Fannin County and Daniel Montague of Cook County in this state is indebted to her in the sum of nine hundred dollars due by note on the 25th day of December 1856 . That said note was given to secure the payment of the purchase money for your petitioners share of the headright of Albert A. Clark her first husband. That said McMills with a design to cheat and defraud her out of her property took said note from Crenshaw in closing the transaction of sale, payable to himself. That about the time said note fell due he left home under pretext of doing a job of work in this county but when off, changed his course for Fannin and indeavered to collect said note; that your petitioner being advised of the action of her husband in the premises[?] dispatched an agent to Fannin County with the note and gave notice to said Crenshaw not to pay said note to McMills and thus for thwarted the efforts of said McMills to cheat and defraud her. Thus failing in his effort he confederated with one James Blalock of this county to whom he owed some money for his individual transactions to run a garneshment against said Crenshaw.
Your petitioner prays the premises[?} considered that the ? ..?.. may issue to said McMills and Montague and Crenshaw that on the final hearing on proof, a decree for a divorce may be rendered in her favor, that all her seperate property be decreed to her for her sale and use and disposal, that she be allowed to retain the three children of the marriage, John, William and Isaac McMills, that said Crenshaw in the mean time be ordered to pay said money into Court and be discharged and for all other and further relief in the premises and as in duty bound...? I. Marshall, Atty for Plaintiff
Harrison County, TX, Courthouse, County Clerk's Office
The State of Texas, Harrison County: In the County Court pertaining to the estates of deceased persons - To the Honorable the Chief Justice of said Court
The petition of Nancy McMills respectfully shows unto your Honor that she is the widow of John A. Ursury late of Harrison County State of Texas and has by him one child Sarah Ann, now 13 years old, that said John A. Ursury left no other child, that said John A. Ursury died in the said County of Harrison some time in January A.D. 1839 intestate, that same time thereafter Thomas Clark obtained letters of administration on the Estate of the said John A. Ursury & some time thereafter returned an inventory of the property belonging to said estate which purported to be a full and complete inventory of said property, that said John A. Ursury possessed at the time of his death a certain tract or parcel of land lying in said County bounded on the east by the land of Albert James?, on the South by that of Thomas Clark on the North by that of Benjamin Kinteerhip? and on the west by the lands of James King and ____ Forest, that the said tract contains one hundred acres and is on the road leading to Wallings? Ferry about fifteen miles from the Town of Marshall, that the said tract of land was bought from Presley P. Rains by the said John A. Ursury , deceased, during his life time paid for the same the sum of one hundred dollars by transferring to him the said Rains a note of hand on Isaac Walters which said note has long since been paid by said Walters to the said Rains; that the said one hundred acres was the homes-stead [sic] of the said John A. Ursury at the time of his death and has continued since that time to be the homes-stead [sic] of herself and child till the present time; that at the time of the purchase of said one hundred acres from said Rains he the said Rains made his bond for titles and thereby bound himself to make titles to the said John A. Ursury (in consideration of the sum of one hundred dollars there acknowledged to be received by him from the said John) as soon as he could obtain a Patent for the land located upon the headright of _____ Reel the said one hundred acres being a part of the same; Petitioner states? that all these facts are known to the said Thomas Clark Administrator as aforesaid and yet that he has failed to make a return of the said one hundred acres as part of the said Estate as will be seen by reference to his said inventory. Wherefore your Petitioner prays that the said Thomas Clark Administrator as aforesaid be cited to appear before your Honor and upon good and sufficient proof being made of the facts above set forth in this petition that he the said Thomas be ordered ajudged and decreed to return an additional inventory and include in the same the said one huncred acres.
And petitioner further shews unto your Honor that the said John A. Ursury was intitled to land at the time of his death and that she and her child Sara Ann are now intitled to the same for services rendered by him as a soldier at the battles of San Antonio and San Jacinto Wherefore she and she further shews unto your Honor that the said Thomas Clark Admr has not heretofore taken any steps for procuring said land and is not now wherefore she prays that he may be ordered by your Honorable Court to take such steps as may be necessary for procuring said land or the certificate therefore and to report to your Honor at such time as to your Honor seems proper the steps that he has and is taking to effect said object.
Wigfall Attorney for Petitioner.
See Census Info
UART706
Elisah Turner Ussery was born Sept 1849 in Kaufman Co., TX to Mastain Stephens Ussery and Lucinda Magby (McBee) Turner Wallace. He died August 18, 1931 in Hunt Co., TX . On Jun 6, 1873 in Hunt Co., TX he married Mary Eliza Lawson who was born in 1858 in Texas and died Feb 21, 1917 in Texas. Both are buried in the Mt. Zion Primitive Bapt. Ch. Cemetery, Simmons, TX.
January 19, 1856- 379- Granted to Eli Ussery, patented to Elie Ussery, Jan. 19, 1856, No. 729, Vol. 12; 320 acres in Bowie 3rd, No. 254.
Ussery, Turner 30 TX
M.E. 22 TX
Leona C 5 Tx
Wm Jackson 2 TX
Ussery, WH 23 Tx Boarder (younger bro of Turner)
Court Case and Will of John A. Ursury/Ussery, et al
(Son of Samuel Ussery)
Filed June Court Term 1853
Maston Ursery - issued Jan. 26, 1854
O.T. Boulware - issued Feb. 2, 1854
William R. McAdams - issued Jan. 24, 1854. Six days, 40 miles.
Winfall & Hill, attorneys for plaintiffsWill of John Ursury
Estate 2951-A Estate of John A. Ursury [aka John A. USSERY ]
Petition of Nancy McMills for Additonal Inventory & C & C
Filed 31st January 1853 - Entered but Copy to Save issued.
See Cemetery Info
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