SONS OF DEWITT COLONY TEXAS
The Wier Family
From Scotland to Virginia to North Carolina to Tennessee to Mississippi to Texas
The Wier family emigrated to America from Scotland, maternal side from Ireland, exactly when and where unknown. They appear to have first settled in North Carolina in the mid-18th century, then moved back and forth between North Carolina and Virginia. About 1830 they moved to Tennessee and then on to Mississippi prior to emigration to Texas in the 1850's.
Born 1812 CaswellCo, North Carolina Died 1890 FayetteCo, Texas
Married abt 1838 LincolnCo, Tennessee
Born 1820 LincolnCo, Tennessee Died 1896 CaldwellCo, Texas
1828: John Allen was abt 16 when the family
moved from NC to TN between 1828-1830.
1850: Family moved from MS to TX between 1850
and 1853 according to birthdates of children
When John Allen Wier came to Texas, he took a homestead consisting of one hundred sixty acres in the northwest corner of FayetteCo. This land is close to the town of Jeddo, which is in BastropCo, TX and also close to the town of Waelder in GonzalesCo, TX. The records of the patent on this land and the various deeds used to divide the estate are on record in the Deed Records of FayetteCo, TX, the county seat of which is La Grange.
1860: Census FayetteCo,TX, pg. 327 #1028:
J.A. Ware 41 farmer NC, Margaret 40 TN, Martha 17 MS, Sarah 13 MS, Clarissa 12 MS, George
11 MS, Peter 9 TX, William 7 TX, John 4 TX, Nora 9/12 TX
Born 1788 PittsylvaniaCo, Virginia Died 1857 TippahCo, Mississippi
Married 1810 CaswellCo, North Carolina
Born 1791 LouisaCo, Virginia Died 1873 TippahCo, Mississippi
1782: Caswell County North Carolina Deed Books 1777-1817 lists several land transactions under the names of William Ware Senior and Junior. In Book B, page 11 (pg. 37) the State of NC sold to William Ware 640 acres on both sides of Hogan's creek adj. to John Button, George Humphrey and Charles Burton. Oct 29 1782 William Wier is listed on CaswellCo, NC Tax List, pg. 54.
1810: Marriage Bond December 19, 1810 William Wier & Mary Burton:
1820: A William Wier is listed in the census
of CaswellCo, NC.
From birthdates of children, William Wier moved from NC to LincolnCo, TN between 1828 and 1831
1835: Land Transfer, LincolnCo, TN:
William Wire To Deed James Ellis This indenture made and entered into this thirty first day of October One thousand Eight hundred and Thirty five Between William Wire of the County of Lincoln and State of Tennessee and James Ellis of the County and State aforesaid. Witnesseth that the said William Wire for and in consideration of the sum of fifty dollars to him in hand paid the receipt where of is hereby acknowledged have bargained and sold unto the said James Ellis a certain track or parcel of land lying and being in the County and State aforesaid on the waters of the East fork of Mulberry Creek and bounded as follows, Viz, Beginning at a Red oak the northeast corner of a fifty acre entry in the name of John Dellinham running south two hundred and fourteen poles to a small hickory, Chestnut and a large Red oak, thence East one hundred and forty six poles to a dogwood and Hickory on the West W B line of said Ellis land thence north Eleven and 8/10 poles to a poplar and White oak the North West corner of said Ellis's land, thence east ten poles to a stake another corner of said Ellis, thence north one hundred and ten poles to a white oak another corner of said Ellis land, thence East twenty poles to two dogwoods another corner of said Ellis land thence north ninety one and 5/10 poles to a stake, thence eighty seven and 3/10 poles to a stake on the C B line of 100 acre entry in the name of Soloman Ray thence south forty and 3/10 poles to a beech, and dogwood southeast corner of said 100 acre entry thence west seventy two 7/10 poles to a Sasafras the South West Corner of said Rays 100 acre entry thence north forty two poles to a white oak, thence west sixteen poles to the beginning, to have and to hold said land and bargained premises to said James Ellis and his heirs forever, and I the said William Wire doth by these presents bind myself my heirs Executors and administrators or assigns that the before mentioned premises they shall and will forever hereafter warrant and defend to the said James Ellis his heirs and c against the claim of all persons or persons whatsoever claiming the same. In witness whereof I have hereunto set my hand and affixed my seal the day and date above written. Signed Sealed and Delivered in the presence of us John Atkins, Pleasant M Ellis, R B Sexton. signed William Wier State of Tennessee I Charles Boyles Clerk of Lincoln County Court do certify Pleasant M Ellis one of the subscribing Witnesses to the foregoing deed appearance and being duly sworn declare, that he is personally acquainted with William Wier and that he heard him acknowledge that he executed this deed for the purposes therein exempted (?). Given under my hand at office this 9th day of August 1837. signed C. Boyles Clerk Registered 22nd August 1837
1835: Upon sale of the above, the family is thought to have moved to TippahCo, MS and purchased the piece of land referred to in an 1886 suit (see below).
1840: Census DyerCo,TN Wm. K. Ware males
10100101; females 21001
1886: T. B. Wier vs Peter Wier, et al-November 30, 1886, Tippah County, Mississippi State of Mississippi Tippah County Chancery Court T. B. Wier vs Peter Wier, et al The State of Mississippi Tippah County Is the Honorable B. T. Kimbrough Chancellor of the 2nd Chancery of the state when presiding in equity for Tippah County at Ripley in said state. T B Wier complainant Peter B. Wier et al defendants Your complainant T. B. Wier who is a citizen of said county and state would respectfully show unto your honor as follows: That some time during the year 1836 William Wier removed from the state of Tennessee to Tippah County and in the same year he bought from John B. Wilson the following described land in Tippah County, Mississippi. To wit: South half of section Thirty Six, Township Four, Acreage Three for the sum of twelve hundred dollars. That he made at the time of purchase a small down payment of about two hundred dollars and gave his note for the balance, and took ---. That some time during the year 1837 John A. Wier the son of said William Wier paid to the said John B. Wilson the balance of his fathers indebtedness for said land to wit $1000.00 and had the said John B. Wilson to make a deed to said land in the name of Peter Wier a brother of said William Wier. The reason why said deed was made to said Peter Wier as complainant is informed and believes ___ that said William Wier was a very improvident and disaffected man and it was thought by the said John A. Wier, the son, to be better for the interest of the family of said William Wier that the title be placed so that said William Wier could not squander his land. The money paid by said John A. Wier as your complainant is informed and believes, was the money to be due the said William Wier from his fathers estate, John Wier deceased. That some time after, the said Peter Wier became administrator of the estate of John Wier deceased who was the father of Peter and William Wier. That as such administrator he had in his ____ a large sum of money belonging to William Wier, due from his father John A. Wier deceased Estate, and as your complainant is informed and believes, paid out of said sum of money to John A. Wier the amount he John A. Wier paid to John B. Wilson in purchase of said land. That the said William Wier occupied the said land from the year 1836 down to the day of his death which occurred sometime during the year 1857. That he raised and cultivated said land as his own and made permanent and valuable improvements on the land. That said Peter Wier never did have any real interest in the said land, but only held the legal title in his own name as a trustee for said William Wier. That said Peter Wier died about eighteen years ago and left surviving him his widow and three children, to wit: Peter Wier, Charles Wier, and Ruth Bethay. That the said William Wier had twelve children as follows: 1. John A. Wier, 2. David Wier, 3. W. W. Wier, 4. Elizabeth Smith now, 5. Diana Lawson now, 6. T. B. Wier, your complainant, 7. Susan Hopper now, 8. Nancy Hopper now dead and left two children, Mary and John, 9. Sarah Jane Gossitt, now dead and left several children, viz. William Gossitt, James Gossitt and the other names are unknown to your complainant, and 10. E. T. Wier now dead and his three children J. W. Wier, Catherine Dean, and Jenie Hill. That said land of right belongs to the aforesaid heirs if William Wier deceased as tenants in common, or as __. That said land is not susceptible of an equal division in kind among all of said heirs and therefore it would be to the interest of all said heirs to have said land sold and the proceeds divided among the said heirs of William Wier deceased. Complainant would further show that Peter Wier has never been in possession of said land, but the possession of the same has, since the death of said William Wier, been in the heirs of said William Wier. The premises considered the ___ of your complainant is that Peter Wier who resides in Mobile, Alabama, Charles Wier who resides in S___ County, Alabama and his post office is Sherman, Alabama. John A. Wier Fayette County, Texas and his post office is ________________. David Wier Blanco, Blanco County Texas, W. W. Wier Blanco, Blanco County, Texas, Elizabeth Smith of Fayette, Fayette County, Alabama, Diana Lawson Tippah County, Mississippi, Susan Hopper Tippah County, Mississippi, Elizabeth Hopper and William Hopper whose residence cannot after diligent inquiry be ascertained, Mary and John Wier neither of whose residence can after diligent inquiry be ascertained, William Gossitt Blanco, Blanco County, Texas, James Gossitt and the other heirs of Sarah Jane Gossitt whose _____ and post office address cannot be ascertained, J. W. Wier, Catherine Dean, and Jenie Hill all of Tippah County, Mississippi, be made __ defendants to this bill of complaint and for that purpose process issue and publication be made returnable at_________ in January 1886 and ___________ and each of them be required to answer our allegations of this bill as fully as if set forth in the form of interrogation, and ____ the final hearing of this cause your honor grant a decree canceling and setting aside the said deed to Peter Wier made to him in 1837 and declaring the legal as well as the equitable title to be in the heirs of William Wier deceased. And that there your divest the title out of said heirs and invest it in the Clerk of this County with direction to sell said land when such terms as may seem to the interest of all the heirs, and out of the proceeds of said sale pay the court costs of this proceeding and a reasonable attorneys fee and the balance to be paid to the heirs of William Wier deceased. And finally your complainant prays for such other and general relief and the equity of his case may demand and as in duty bound. Falkner and Frederick ___ for complainants The State of Mississippi Tippah County Before me T. H. Hunt Clerk of this Chancery Court of said County and State T. B. Wier makes oath that the allegations in the foregoing Bill are true to the best of his knowledge and belief. T. B. Wier Sworn to and Subscribed before me the 30th day of November 1886. T. H. Hunt Clerk Jennie Portis Fayette County, Alabama, Post Office Fayette Elizabeth Jane Barkley residence cannot be ascertained Elijah Barkley Children of Mary Barkley deceased daughter of William Wier deceased viz: Jennie Portis, Elizabeth Jane Barkley and Elijah Barkley.
John A. Wier
Born 1754 CumberlandCo, North Carolina Died 1839 PittsylvaniaCo, Virginia
Born 1762 HenricoCo, Virginia Died 1836 CumberlandCo, Virginia
Children: William (m. Mary Ann Burton), Armsted, Peter (d. 1867 AL)
Born Scotland Died 1774 PittsylvaniaCo, Virginia
Married Agnes Russell
Born Ireland Died 1781 PittsylvaniaCo, Virginia
Son: John A. Wier (m. Sallie Burton)
Above from descendant Raymond D. Wier, Jr. who obtained his information from Mrs. H. K. Lyon (Eugenia Hill Smith descendent of E. T. Wier) of Fischer, Comal County, Texas. Her friends had purchased the antiques of the late Miss Sudie Wier, daughter of James Wesley Wier (who was son of E. T. Wier). Sudie Wier lived in the family home until her death and although many old letters and papers were destroyed, a paper containing the above was preserved.
Photo (courtesy of Sara Nunn): Mary Ann Wier Patterson Adams, first child of John Allen and Margaret Carpenter Wier. Photo taken in Texas, date unknown.
John Allen Wier, the oldest of thirteen children of Virginia-born William and Mary Ann (Burton) Wier, was born about 1812 in North Carolina. His family moved to Tennessee and resided in Lincoln County from 1825 to 1837. While there, John married Tennessee-born Margaret Carpenter. A short time after that, the William and John Wier families migrated to Tippah County, Mississippi. the 1840 census shows both families engaged in agriculture. The first six children of John Allen Wier were born in Tippah County, Mississippi, the remaining children were born in Fayette County, Texas where he relocated his family about 1852. John and his wife, Margaret, lived out their lives in the northwest portion of Fayette County about three miles east of the Gonzales County line. John died June 1892 and his wife died December 1896. They are buried on the family plot on the Stewart farm (now owned by the Miller family) near Waelder, Gonzales County, Texas.
Their first child, Mary Ann Wier, was born October 1839. She married Warren Washington Patterson in 1855 in Fayette County, Texas. Their nine children were John A. Patterson, William J. "Bud" Patterson who lived in Hays County, Texas and lived to almost age ninety; Isham Jones "I. J." Patterson who married Lillie E. Green and lived in Madagorda County, Texas; Thomas Patterson who married Stella Aurora Walker, daughter of Alvan Carter Walker and Martha Ann Pillow, and lived in Fayette County, Hayes County, Val Verde County, Texas and Cochise County, Arizona; Samuel Patterson who was crippled by polio and was Gonzales County Clerk from 1912-1936, his wife was Nellie E. Radigan, daughter of Thomas F. Radigan; Matthew Patterson who was called "Toad" because he hopped around so much in constant activity. He was married to Beulah Beatrice Yates. The next son was Blufford Patterson, born 1870, married to Sadie Steubing and resided in Matagorda County, Texas. The last son was Warren Washington Patterson, born 1872, married Nettie Carson Lipps, daughter of John Lipps and Mary Kringle. Their last child was Mary E. Patterson, born 1875 and died of dysentery at three and a half years of age. Mary Ann's husband died shortly before their twentieth year anniversary. She, secondly, married Samuel W. Adams, a man nearly twenty years her junior, and they had two children, Miney Lee Adams, who died in infancy and Tandy Young Adams, born 1880 and was Baptist minister San Antonio, Texas. Mary Ann and Samuel lived out their lives with their son, Tandy, and his wife in San Antonio. Mary Ann died there in December 1926 and is buried in the family plot in Waelder, Gonzales County, Texas. A gr-gr- granddaughter of Mary Ann's is Mrs. Jan Sevener of Milwaukee, Wisconsin and the compiler of this article.
The second child was Martha Jane Wier, born about 1851, married Alabama-born Samuel Stewart, son of John and Abigail (Burleson) Stewart. Their four children were born near Waelder, Texas. The names of only three are known - Cordie Stewart who married Mr Johnson, William Stewart, and Mattie Stewart, born 1872, married James Sheridan Patterson, son of Benjamin and Martha (Peck) Patterson of Russell County, Kentucky, and nephew of her Aunt Mary Ann's first husband. A gr-granddaughter of Martha Jane Wier is Mrs. William Pettit of Odessa, Texas.
The third and fourth children of John Allen Wier were Sarah Wier who married C. H. Cockrell and Clarinda. There was a daughter called Boog who married S. A. McCrory. She is listed on her Uncle David W. Wier's probate papers, Blanco County, Texas, 1937. Nothing more is known about these daughters and their descendants at this time.
Son, George C. Wier was born about 1848 and in adult life resided in Big Foot, Texas and had a son, Jessie Wier. On the 1850 Tippah County, Mississippi census, the next child listed is one month old William Wier, and the compiler of wonders if this child died at an early age as the 1860 Fayette County, Texas census lists the John Allen Wier children with Mississippi-born George followed by Peter, the first child of the family born in Texas about 1851 and then son William Wilborn Wier, born 1852 near Columbus, Fayette County, Texas. His first wife was Viola Townsend, and they had one child. Viola died at childbirth. He, secondly, married Sarah Jane Stapleton [according to descendant Roger Robison, Sarah later was the second wife of Lee Davis Robison, who was son of Lewellen Robison. Sarah still lived in Bandera, TX at age 99--WLM]. Their four children were Edna Virginia Wier, born 1879 in Fayette County, married John West Cochran in 1896 in Wimberly, Texas, and died in 1973 in San Antonio; Clara Wier, born 1881, married Graham Gibbons in Bandera, Texas and died there when her first child was born; William Monroe Wier, born 1883 in Hays County, Texas, married Mamie Lee England in 1916 with his brother-in-law, Hamilton Davenport performing the ceremony, died in Kerrville in 1958, buried in Bandera; and Mada Wier, born 1886, in Wimberly, Texas, married Hamilton Davenport there in 1907. Mada is living in Dallas at this time (1981). This information was supplied by Mrs. Orville Wier of Medina, Texas, a greatdaughter-in-law of William Wilborn Wier.
The next child of John and Margaret Wier was John, born about 1856, married Mattie Harris. Their children were Max Harris Wier, John Rex Wier, Sr. who married Elvie Holland, daughter of L'Lenious Boyer Holland and Mary Hunt; Raymond David Wier; Luke B. Wier who was born in 1905 in Frio County, Texas married Harriet Lee Wilson, daughter of Rueben E. and Lelia (Medford) Wilson; Jack D. Wier, and George W. Wier. This information was supplied by Luke B. Wier of Charlotte, Texas and John Rex Wier, Jr of Austin, Texas. The youngest child in the John Wier Family was Nora or Emma who was born about 1858 and married R. W. Wonsley. No research has been done on this family and possible descendants by the compiler at this time. Additional data on the descendants of John Allen and Margaret (Carpenter) Wier may be obtained from the compiler, Mrs. Jan Sevener.
David W. Wier and William Wesley Wier were brothers of John Allen Wier, father of Mary Ann Wier Patterson Adams, who came to Texas with the Wier clan from TippahCo, MS. Robert Allen Wier was the nephew of David and William Wesley, the son of brother Thomas Wier who never came to Texas. David W. Wier and William Wesley were lifelong batchelors and successful ranchers. David W. Wier left no will and because of actions to clear title to part of his lands and the general settlement of the estate which did not occur until 1937 after their deaths in 1899-1900, we know much of the genealogy of the Wier family at that time in Texas and elsewhere. Below is information provided by descendant Raymond David Wier Jr. obtained from a book compiled by Moursund, Blanco, Texas.
David W. Wier was born in North Carolina on July 21, 1813. He was in the California gold rush of 1849. With $1800 worth of gold he returned to Texas where he bought 18 mares to start his horse ranch. David W. Wier came to Blanco County in 1860 and settled about two miles east of the town of Blanco, on the north side on the Blanco River. In 1861, D. W. Wier appears for the first time on the Blanco County tax assessment roll. For that year, he owned no land but 70 horses valued at $2800; miscellaneous property, $100. His total property value was $2900 and he paid a poll tax of fifty cents. His younger brother, William W. Wier, must have joined him in Blanco County at about the same time since he appears on the tax roll of Blanco County on 1861. David W. Wier became one of the most prominent horse ranchers in Blanco County. About 1895 he sold his entire brand of horses for $10,000 to Cage Brothers of Blanco and there were gathered more than a thousand head of horses in his brand. David W. Wier did not marry and he died on April 22, 1899. He is buried in the Blanco Cemetery. The David W. Wier ranch on the north bank of the Blanco River, consisted of two tracts of land, one of 400 acres and the other of 1300 acres. Both of these tracts of land were fenced with rock fencing between 1872 and 1885. It is believed that Samuel and his son, J. R. (Bob) Johnson, who was later sheriff of Blanco County, did the fencing work on the D. W. Wier ranch.
In 1862, D. W. Wier appears on the Blanco County tax roll with no land but 70 horses valued at $2450. His total property value was $2450 and he paid a poll tax of one dollar. In 1863, W. D. (D. W.) Wier appears on the Blanco County tax roll with 160 acres of a Pre-Emption land grant (not patented) valued at $160. His total property value was $2860 and he paid a poll tax of one dollar.
William Wesley Wier was born in North Carolina on April 28, 1818. He joined his older brother, David W. Wier, when he came to Blanco County, in the latter part of 1860 where he had established a horse ranch on the Blanco River. William Wesley Wier appears for the first time on the tax assessment roll of Blanco County with no land but 30 horses valued at $1050, in 1861. He paid a poll tax of fifty cents for that year which indicates that he was actually a resident of the county. William Wesley Wier did not remain in Blanco County continuously, since he left the county for a time and farmed in Gonzales County. He returned to Blanco County to become a prominent livestock raiser, handling both cattle and horses. He did not marry. William Wesley Wier died on January 1, 1900 and was buried in the Blanco Cemetery. In 1862, W. W. Wier appears on the Blanco County tax roll with no land but 40 horses valued at $1200 and he paid a poll tax of one dollar. In 1863, W. W. Wier appears on the Blanco County tax roll with a total property value of $1750. He paid a poll tax of one dollar.
Robert Allen Wier was born in Mississippi in 1855. At the age of 19 years he came from Mississippi the first time to Blanco County to visit his uncles, David W. Wier and William Wesley Wier. Robert Allen Wier worked for Thomas Morgan in Blanco County for ten months and then returned to Mississippi. He came from Mississippi the second time in 1894, arriving in Blanco County on October 20, 1894. The Robert Allen Wier family lived near Blanco. His wife, Josephine Wier, nee Childers, was born in Mississippi in 1855. Robert Allen Wier died in 1903. His wife, Josephine, died in 1934. Both are buried in the Blanco Cemetery.
The "San Antonio Express" newspaper, San Antonio, September 5, 1934, reported the following obituary from Blanco as of September 4, 1934:
Her gravestone in the Blanco Cemetery, shows that she was born in 1855, and died in 1934. Her husband, Robert A. Wier, was born in 1855 and died in 1903 and was also buried in the Blanco Cemetery.
THE STATE OF TEXAS Know all men by these presents: COUNTY OF BLANCO
That I, D. W. Wier of the County of Blanco and State aforesaid, for and in consideration of the sum of Four Thousand Dollars, to be paid by R. A. Wier, for which sum said R. A. Wier has made and delivered to me his promissory note wherein he promises to pay me or my order, on or before six years after date the said sum of Four Thousand Dollars, with interest thereon from date at the rate of eight per cent per annum, payable annually, and 10% attorney's fee if placed in the hands of an attorney for collection have Granted, Sold and Conveyed, and by these presents do Grant, Sell and Convey unto the said R. A. Wier of the County of Blanco and State of Texas, all that certain tract of land situate on the Noel Mixon Survey in said Blanco County and known as the Brigham Farm and comprising 300 acres, more or less, out of the lower half of the Southwest Quarter of said Mixon League Survey, and being the same land conveyed to Ben Brigham September 26, 1883 by Ben Gage and wife by deed recorded in the County Clerk's Office of Blanco County, in Volume 6, Deeds, Page 369, and by said Brigham and wife conveyed to me October 7, 1895 by deed recorded in said Clerk's office, Volume 14, Pages 521-522-523.
To Have and to Hold the above described premises, together with all and singular, the rights and appurtenances thereto in anywise belonging, unto the said R. A. Wier, his heirs and assigns forever. And I do hereby bind myself, my heirs, executors and administrators to warrant and forever defend all and singular the said premises unto the said R. A. Wier, his heirs and assigns, against every person whomsoever lawfully claiming or to claim the same of any part thereof. But the Vender's Lien is retained to secure the said note according to its face, tenor and effect. Witness my hand at Blanco, Texas, this the 28th day of October, A.D. 1895. D. W. Wier The State of Texas County of Blanco Before me, J. W. Baines, a Notary Public in and for Blanco County, Texas, on this day personally appeared D. W. Wier, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration expressed. Given under my hand and seal of office this 28th day of October, A.D. 1895. J. W. Baines, Notary Public Blanco County, Texas (SEAL) Filed for record October 28, 1895 at 6 P.M. John A. Deadrich, County Clerk. Recorded October 29, 1895 at 11 o'clock A.M. THE STATE OF TEXAS COUNTY OF BLANCO I, B. J. Stubbs, Clerk of the County Court in and for Blanco County, Texas, do hereby certify that the above and foregoing is a true and correct copy of the Deed from D. W. Wier to R. A. Wier as appears from the Deed records of Blanco County, Texas, in Volume 14, Page 571 and 572 of the said Deed records. Witness my hand and the Seal of the County Court in and for Blanco County, Texas, this the 13th day of September A.D., 1911. B. J. Stubbs, Clerk County Court, Blanco County, Texas
Mrs. Josephine Wier et al. vs. Mary Ann Adams et al.
Nona (Hill) Sartin and husband Thomas, Kittie May
(Hill) Sartin and husband, Henry all of Prentiss County.
Respectfully represent to the court
1. That plaintiffs were on June 1, 1899, have ever since said date, and are now the legal and equitable owners in fee simple title and were then and ever since said date have been and are now in actual possession of all that certain tract or parcel of land lying and being situated in Blanco County, Texas, and being 320 acres, more or less, out of and part of the Noel Nixon League and Labor survey No. 23, and said 320 acres being out of the lower half of the Southwest Quarter of said survey and being the same land and is fully described in a certain deed of conveyance from D. W. Wier to R. A. Wier dated on October 28, 1895, duly recorded in Volume 14, Page 571 of the deed records of Blanco County, Texas and known as the R. A. Wier place east of Blanco, Texas, and being also the same land that was decreed to these plaintiffs as defendants in cause 644 in the District Court of Blanco County, Texas, wherein W. T. Hopper and many other were plaintiffs, which judgment and decree was rendered in said court on September 10, 1903, and is duly recorded in Volume 4, page 276 of the Civil Minutes of said court; said land being described in deeds recorded in Volume 6, page 369 and Volume 14, page 521 of the deed records of Blanco County, Texas.
2. That on or about July 1, 1912, defendants, notwithstanding plaintiff's title and possession as aforesaid, have set up and now actually asserting some kind or character of claim or right to said land, and which claim, if any they have, is inferior to and subject to plaintiffs' title mentioned herein, but which claim of defendants is a cloud upon plaintiffs; title for which this suit is brought to remove.
3. Plaintiffs further represent that they and those whose estate they claim have had and hold actual, peaceable, and continuous adverse possession of all of said land claiming the same under a deed or deeds duly registered, cultivating, using, and enjoying the same and paying all taxes due thereon for a period of more than five years next before the institution of this suit and more than five next after the cause of action, if any defendants ever had, accrued.
4. Plaintiffs also allege that they and those whose estate they claim have had and hold actual, peaceable, and continuous adverse possession of all of said land claiming the same under deed or deeds duly registered, cultivating, using and enjoying the same for more than ten years next before the filing of this suit and next after the cause of action, if any the defendants have, accrued.
Wherefore plaintiffs pray that citation issue as required by law and that upon final hearing plaintiffs have judgment removing all cloud from their said title and that they be forever quieted in title and possession of same, and that they have all other and further relief, general and special, in law and equity, to which they may be entitled. N. T. Stubbs, Attorney for Plaintiffs The State of Texas County of Blanco - I, B. J. Stubbs, Clerk of the District Court in and for Blanco County, Texas, do hereby certify that the above and foregoing is a true and correct copy of plaintiffs' original petition now on file in my office in a cause pending in said court wherein Mrs. Josephine Wier et al are plaintiffs and Mrs. Mary Ann Adams et al are defendants, numbered on the docket of said court No. 828. Witness my hand and seal of said court at office in Johnson City, Texas, this 11th day of July A.D. 1912. B. J. Stubbs, Clerk District Court, Blanco County, Texas.
Identifications by Descedant R.D. Wier Jr.
Kittie Dean was the wife of D. Will Dean of Texas, daughter of Ebenezer Titus Wier, last child of William Wier. She was sister of Eugenia Elmira Wier who married Jasper McDonald Hill whose children are named in the suit - Hugh B. Hill, Wesley Hill, Nona Hill Sartin and Kittie Hill Sartin. Mrs E. P. Smith wife of Alfred P. Smith, was the daughter of Diana Wier Lawson. George B. Hopper was a cousin of Emily Lawson Smith - a Wier relative. Jennie West could be the daughter of Mary Wier Portis, since the suit of T. B. Wier showed Jennie Portis in Fayette, Alabama which is Talladega County. Edited RDW (All referenced persons should have been living at the date of this document.) Thomas Wier John Wier William Wier Nathaniel F Wier Mary Emily Criswell Mary Wier - Ben B. Barkley Jennie Barkley Bryant Elmira Barkley Thomas Barkley John Allen Wier George Charles Wier John Wier Peter A Wier William Wilborn Wier David W Wier Ebenezer Titus Wier James Wesley Wier Mary Catherine (Kittie) Wier Dean Eugenia Elmira Wier Hill married Jasper McDonald Hill Hugh B Hill Wesley Hill Nona Hill Sartin Kittie Mae Hill Sartin
Relationship yet to be identified. Edward F. Wier John N. Wier Fannie Burford William Wesley Wier (wrong location ???) Benjamin F. Wier Mary L Francis and husband H. G. Clara Fields and husband E. M. Minnie B. Keith and husband J. M. Jennie West and husband Lee Lucinda Mason and husband Charley P. Etta Wisdom and husband J. G. Sallie Tisdall J. R. Tisdall James Bailey Ella Pemberton and husband L. G. Mrs. Fannie Austin and husband Nancy J. Smith and husband Mrs. E. P. Smith and husband Alfred P. George B. Hopper
In County Court of Blanco County, Texas August Term, AD 1937. Estate of D.W. Wier, Deceased. No. 179. N T STUBBS, Administrator. To Hon James H. Clark, Judge of Said Court:
Comes N T Stubbs, Administrator of the Estate of D W Wier, deceased, and for information of the Court and parties interested in said Estate, make a preliminary statement of the history of said Estate and the many heirs entitled to the same as follows:
From the many letters, affidavits and orders of the Court pertaining to the heirship of said Estate, and from the best information I can obtain by diligent inquiry from various sources I verily believe and so find that William Wier and Mary Ann Wier were husband and wife and departed this life many years prior to the death of D W Wier, deceased; that they left surviving them thirteen (13) children as follows:
John Wier; Nancy Wier, who married Palmer W Hopper; D W Wier whose estate I represent; Susan Wier who married Palmer W Hopper; W Wesley Wier; Elizabeth Wier, who married R Allen Smith; Thomas B Wier; Nathaniel F Wier; Mary Wier, who married a man by the name of Portis and afterwards married Ben Barkley; Jane Wier, who married a man by the name of Gossett; Dicey Wier, who married a man by the name of Lawson; James Wier, who departed this life long prior to the death of D W Wier and without issue or heirs at law; and Titus Wier; that D W Wier departed this life intestate and without issue to inherit his estate; and that above named brothers and sisters, or their heirs at law, rightfully inherit all of the estate of the said D W Wier, deceased, each of said brothers and sisters, respectively, being entitled to a one- eleventh undivided interest in the same.
This administrator further shows to the Court that by order of the Honorable Court made and entered on July 2, 1901, in Volume___page___ of the Probate Minutes of Blanco County, Texas, said estate was duly partitioned and so declared to belong to the heirs of said D W Wier, deceased, and said heirs were proven to the Court and to be entitled to an interest in said Estate as follows:
First: The children and heirs at law of John Wier, deceased, were declared to be Mary Ann Wier (who married S W Adams), Boog McCrory (who married S A McCrory), Martha J Wier (who married Sam Stewart), Sarah Wier who married C H Cockrell), Emma Wier (who married R W Wonsley), George C Wier, Peter Wier, William Wier and John Wier, each of whom was decreed to own and be entitled to one-ninth of one-eleventh of said estate of D W Wier, deceased.
Second: The children and heirs at law of Nancy Wier, who married Palmer W Hopper were decreed to be W T Hopper and Nancy Jane Cox, whose residence at the time of the said decree was unknown, and the said estate of Nancy Wier pass to the W T Hopper and Nancy Jane Cox in equal part, each being entitled to one-half of one- eleventh of the said estate of D W Wier, deceased.
Third: The children and heirs at law of Susan Wier, who married Palmer W Hopper, passed by said decree to N W Hopper, B W Hopper, J B Hopper, Nancy J Smith, Jefferson Hopper, Josephine Lancaster, are entitled to one-seventh of one-eleventh of said whole estate of D W Wier, deceased, and that Josephine Doughty and Clara Hopper are jointly entitled to One-seventh of one-eleventh of said estate, each entitled to equal parts therein.
Fourth: That W Wesley Wier left a will disposing of his estate in which he devised to Laura Wier and her husband, J W Wier all of his estate, and Laura Wier and J W Wier are entitled to one- eleventh in the whole estate of D W Wier, deceased.
Fifth: That the children and heirs at law of Elizabeth Wier, who married R Allen Smith are said R Allen Smith, her surviving husband, who was decreed to be entitled to one-third of one-eleventh of all her personal property and her said children, Richard J Smith, Julius C Smith and J D Smith, are jointly entitled to two- thirds of one-eleventh of said whole estate, and said Richard J Smith, Julius C Smith and J D Smith are each entitled to one- third of one-eleventh of all of said real estate belonging to the estate of D W Wier, deceased, but said one-third of one-eleventh of said real estate is subject to the one-third life estate of the said R Allen Smith as surviving husband.
Sixth: That Thomas B Wier was entitled to and was decreed one- eleventh of the whole estate of the said D W Wier, deceased.
Seventh: That the children and heirs at law of Nathaniel F Wier, deceased, are John Wesley Wier and Mary Emily Wier (who married a man by the name of Griswell) who are jointly entitled in equal parts to one-eleventh of the whole estate of D W Wier, deceased.
Eighth: That the children and heirs at law of Mary Wier (who married Ben B Barkley) are her husband, Ben B Barkley who is entitled to one-third of one-eleventh of the personal estate of said D W Wier, deceased; and Mrs J L Aldridge and Mrs Lee West are each entitled to two-ninths of one-eleventh of the personal estate of said D W Wier, deceased; that Esther Barkley and Jennie Bryant are jointly entitled to two-ninths of said personal estate of D W Wier, deceased; that said Mrs J L Aldridge and Mrs Jennie West are each entitled to one-third of one-eleventh of said real estate of D W Wier, deceased, and the said Esther Barkley, Effie Barkley, Elmira Barkley, Thomas Barkley, and Jennie Bryant are jointly entitled in equal parts to one-third of one-eleventh in all of the real estate of D W Wier, deceased, but all of said one-eleventh of said real estate is subject to the one-third life estate on said one-eleventh in favor of Ben B Barkley as surviving husband of said Mary Wier.
Ninth: That the children and heirs of Jane Wier (who married by the name of Gossett) are Frank Gossett, W S Gossett and James Gossett, and each entitled to one-third of one-eleventh of the said estate of D W Wier, deceased.
Tenth: That the children and heirs at law of Dicey Wier (who married a man by the name of Lawson), are Thomas W Lawson, Mrs A T Smith, Mrs W T Thornton, W A Lawson and Mrs Elizabeth Bailey are each entitled to one-sixth of one-eleventh of the whole of said estate of D W Wier, deceased, and that Ella Wisdom and Lucinda Mason are each entitled to one-twelfth of one-eleventh of said whole estate of D W Wier, deceased.
Eleventh: That the children and heirs at law of Titus Wier are J W Wier, Kittie Dean, are each entitled to one-third of one- eleventh of said whole estate of D W Wier, deceased; that J M Hill (who is surviving husband of Eugenia Hill, deceased,) is entitled to one-ninth of one-eleventh of the personal estate of D W Wier, deceased; and that Hugh Hill, Lee Hill, Nine Hill, Kittie Mae Hill and Wesley Hill are each entitled to one-forty-fifth of one-eleventh of the whole of the personal estate of D W Wier, deceased; and that the said Hugh Hill, Lee Hill, Nina Hill, Kittie Mae Hill and Wesley Hill are each entitled to one- fifteenth of all of the real estate of the said D W Wier, deceased but the same is subject to the life estate of J M Hill in and to one-ninth of said one-eleventh of all of said real estate.
This administrator further shows the Court that by various and sundry proofs, powers of attorney, and orders of this Court, on June 18, 1904, the then administrator of said Estate, J W Baines, filed in this Court a full exhibit of the account of said Estate which report and exhibit is duly recorded in Volume D, page 380 of the Probate Minutes of Blanco County, Texas; that is said report, which was duly approved by the Court, there was a credit to said whole estate of the amount of $20,385.34 to be disbursed among the several heirs of said Estate, subject to the debts and expenses of said administration; that to the heirs of said brothers and sisters there was paid to each, respectively, the sum of $1668.79, but there was no payment made under said report to the heirs of Nathaniel F Wier, deceased; that after deducting the amount of $1668.79 as the amount allotted to the heirs of Nathaniel F Wier and after deducting the costs and expenses allowed by the Court there remained a balance on hand of $475.60, which appeared to be the total amount due the heirs, other, than those of Nathaniel F Wier, for which the (rest of document is missing.)
Mrs. Mary Ann Adams, born October 15th, 1839, came to Texas at the age of 10, died December 16th, 1926 in San Antonio, aged 87 years, 2 months 1 day. Professed faith and joined church at Flatonia, Texas in Major Penn's revival in early eighties, member of Calvert Baptist Church at death. A husband, eight sons, two brothers and one sister survive her. S. W. Adams, husband, T. Y. Adams, San Antonio, Sam Patterson and W. P. Patterson, Gonzales, B. Patterson, Wadsworth, M. Patterson, Gulf, I. J. Patterson, Palacios, W. W. Patterson, Slaton, Tom Patterson, El Frida, Arizona, sons. Mrs. Sarah Cockrill, San Antonio, sister. John Wier, San Miguel and William Wier, Jeddo, brothers. Though the weather was bad a goodly company of friends and relatives, among them the sorrowing husband and five sons attended services which were conducted from Flatonia Baptist Church. Until man's mind can measure the value of life, no man can estimate the value of the life which has just closed, one noble son voiced no doubt the thought of them all when he said to his mother a few days ago. "Mother, what I am, You made me." Our thoughts are directed to the state of the saved dead. Paul says, "If this house were dissolved, we have another building, an house not made with hands eternal in the heavens." Jesus says, "In my father's house are many mansions, if it were not so, I would have told you, if I go away. I will come again and receive you unto myself." In this hope we live, in faith she died. Hope has changed to glad fruition. Faith to sight and prayer to praise. G. B. Lane
.....shaded by majestic live oaks, with a wonderful view of cactus and rattlesnake-infested prairie, the majestic over six foot high marker with third great grandpa John Allen Weir on the front and third great grandma Margaret Carpenter on the back rose to greet their long lost third great grandson.
The cool atmosphere of the air conditioned van was deceiving as I pulled out of the 100+ Houston humidity on I-10 armed only with a third hand internet message about some barely legible letter referring to the fact that third great grandpa John Allen Wier (1812-1890) and third great grandma Margaret Carpenter Wier (1815-1896) were buried in a long inactive and abandoned family cemetery somewhere on a multi-thousand acre Texas prairie ranch near Waelder. Slammed in the face by the midday heat in Flatonia, the one dozing employee leaning on the counter in an establishment hard to distinguish whether store or museum leaped to the phone between telling me the details of how her latest marriage was not working out and how she could not pay for a lawyer. Relaying messages that there were several such cemeteries on private land in the Waelder area, she sent me on to Waelder with names of a retired county agent and the city hall lady. Greeted by a armadillo-sized watch dog who immediately latched on to my jeans about shin high, I limped to the door with the mongrel attached fast only to find the agent was out of town for the day. At city hall, the one part-time employee was being filled in for by her aging mother. From the old girl whose initial coolness failed to impact the un-air conditioned-office, I extracted with difficulty the name and residence of a retired tax collector three houses up the street just past the Baptist Church warned with the caveat that she and her sister were probably still out on their daily lunch outing for chicken fried steak and Texas Yoghurt (gravy) at the one dusty village cafe. Knowing that no resident or piece of land escapes a tax collector, while waiting in the squeaky rusting porch swing, not 15 minutes later up the two dames drove in a pickup older than me. After much explaining on my part and head-scratching on their part, the interested one of the pair related that she knew of three candidate cemeteries, had been to two of them and wanted to see the third. The third indeed could be linked to the original ranch in my notes through at least three generations of descendants who received smaller and smaller parcels of the once multi-thousand acre single owner ranch. We hopped in the old truck, stopping to pick up another lady who knew the exact location by chance discovery due to leasing the parcel of land in the 80s. Squeezed in between the two old dames in the rickety old pickup insured that I would not have to mess with the numerous gates we had to pass through once we left the public road and wound through fenced plots of cattle dozing in the midday sun. Eventually losing any hint of road or trail, bumping along across pure Texas prairie land our hitchhiking guide asked who I was looking for, after my description of third great grandparents Wier, with the warmness that comes with coincidence and family, she then related how that they were there and that she was actually a descendant of the pair as well, always heard that they were kin to some Pattersons (my line) down south in the Gonzales area. She related the detail of how they had discovered the cemetery by chance one fall evening while browsing their newly-leased property in the 80s. The only readable remaining marker, that of the Wiers, had long ago been knocked over and broken by the massive longhorns using it as a scratching post seeking relief from Texas ticks and other pests. The family had restored the broken marker and fenced that section some ten years ago. Just as my newly-found cousin related the story, there on a hill overlooking a pond, shaded by majestic live oaks, with a wonderful view of cactus and rattlesnake-infested prairie, the majestic over six foot high marker with third great grandpa John Allen Weir on the front and third great grandma Margaret Carpenter on the back rose to greet their long lost third great grandson.
JOHN ALLEN WIER was the oldest child of William Wier (b. 1787 in VA; d. 1850 in Ripley,TippahCo, MS), married 1810 in Yanceyville, CaswellCo, NC Mary Ann Burton (b. 1791 in NC; d. 1873 in TippahCo, MS). Moved from NC to LincolnCo, TN between 1828 and 1831 and to TippahCo, MS abt 1835 (other children were David W., William Wesley, Nancy, Susan, Elizabeth, Nathaniel, James, Samuel, Thomas, Sarah Jane, Dicey Diana, Mary and Ebenezer Titus). John Allen and family moved from TippahCo, MS to FayetteCo, TX between 1850-1853, had children Mary Ann, Martha Jane, Sarah, Clarinda, George C., William, Peter, William, John, Emma, Nora and Boog. On one side of the marker described above is "John A. Wier, Born Mar. 30, 1812, Died June 4, 1890. Alas he has left us, his spirit has fled, his body now slumbers along with the dead."
MARGARET A. CARPENTER WIER was one of seven known children (John Marion, William, Sarah, Elias, Mary, Owen E.) of Owen Carpenter Jr. and Sarah Anderson of MooreCo, NC. Owen Carpenter Jr. was son of Owen and Catherine (Catrin) Carpenter of Cumberland and MooreCo, NC. According to a newspaper article Owen Carpenter was murdered by Tories while home on furlough during the Revolutionary War. Tories looting the area shot him dead while holding his newborn son when he went to the door. Legend says a single bullet killed both. A monument in MooreCo, NC in the Shamburger Cemetery reads "Owen Carpenter and son, killed by Cornwallis' men." The inscription on one side of the marker described above reads "Margret Wier, Born in 1820, Died Dec. 27, 1896. Sleep on Mother, thy work is done. Jesus has come and born thee home."
Third great grandpa and grandma John Allen and Margaret Carpenter Wier, William and Sarah Ann Burton Wier, Owen and Sarah Carpenter Jr. and Owen and Catherine Carpenter----we are TOGETHER AGAIN.
Dorcas Baumgartner of Waelder, Bill Foster and Henry Studer (now deceased) explored the cemetery in 1991 and found five stones readable (The Wiers above, Chandler, Lena L. 1820-1889, Kindred, Nero 1820-1907, Hea__lios, John, Wsierk, John A. 1812-1890 . The list was added to the GonzalesCo Cemetery inventory in Oct 1991 as the Old Hopkinsville Cemetery. The cemetery is located on the maps above.
From the Gonzales Inquirer, 30 Sep 1991. Second Cemetery Uncovered in Northern Gonzales County by Henry of St. Benedict's Farm. The little town of Hopkinsville that was founded by Dennis Hopkins in northern Gonzales County in 1852 seemed assured of a bright future. Hopkinsville played a big part in the famous Chisholm Trail, and indeed, was one of the points of origin for the well-known trail. Numerous small farms surrounded the new little town that boasted of a cotton gin, a general store, a number of saloons-two churches, a school and an academy. A post office was begun in 1866 and Nacy. J. Steubing was appointed postmaster.
The town was founded on high ground overlooking Copperas Creek. The creek had numerous springs that the early settlers dug out to improve the flow. Most of the buildings were of log construction with dirt floors. In 1873 it became apparent that Hopkinsville would be bypassed by the railroad. The merchants began moving their stores to the newly-founded town of Waelder, about three miles away. This began the decline, and soon Hopkinsville became a ghost town with only its cemeteries to show that the town ever existed. For many years the cemetery to the west of FM 1296 on the Portales Ranch seemed to be the only known cemetery of Hopkinsville, but recently a second cemetery has been brought to light. This smaller cemetery is about a mile and a half away in a south-easterly direction from the other graveyard, and is to be found on the -7- Ranch owned by Jim and Mickey Wallace.
This little hidden graveyard, known for many years by only the land owners, is now registered with Gonzales County, thank to the efforts of Henry Studer and Dorcas Baumgartner. The lovely little cemetery is unfenced, and the grave stones have suffered some damage by cattle. The mystery of this "secret little place" continues to hold the fascination of local history buffs.
SONS OF DEWITT COLONY TEXAS