Deed Book A, p 164-5
Mississippi Territory)
Washington County )
February the 4th day 1807 to all people before whom these presents may come Greetings. Know ye that I John Lott(1) of the said Territory and County(2) aforesaid for and in consideration of the love good will and affection which I have and do bear towards by loving sons and daughters namely Elizabeth Lott,(3) Arthur Lott(4), John Lott(5), Robert Lott(6), Jesse Lott(7), Fannie Lott(8) and Sarah Lott(9) have given and granted and by these presents do give and freely grant and deliver unto my daughter Elizabeth one negroe girl named Rachel about eight years old and unto my son Arthur one negroe boy named Lewis about six years old and unto my son John one negroe boy named William about seven years old and unto my son Robert one negroe boy named Simpson about five years old and unto my son Jesse one negroe boy named Willson about five years old and unto my daughter Fanny one negroe girl named Dorcus about three years old and to my daughter Sarah one negroe named Velet about nine months old which negroes named as aforesaid unto my said sons and daughters as aforesaid unto them my said sons and daughters their heirs and assigns in manner and form as aforesaid do forever from henceforth give and grant and deliver to them and their only proper use and behalf like wise the increase interest or profits arising from the said negroes to each and seperately of my sons and daughters as aforesaid likewise three other negroes named Rachel Sophia and a boy named Henry I do in manner and form aforesaid give grant and deliver jointly and severally unto my said sons and daughters also my stock of cattle and hogs in equal copartnership which last named negroes that is Rachel Sophia and Henry together with the said stock of cattle and hogs and their increase to have and hold to the only Right and Benefit of my said sons and daughters and to be lawfully and fairly delivered amongst them whenever the youngest living heir shall become of lawfull age to act or do for their self all which sundry negroes as above mentioned I have delivered and put in the hands and possession of my two Brothers namely Robert Lott(10) and Jesse(11) in care and trust for my said sons and daughters and I the said John the said negroes cattle and hogs and their increase forever unto my said sons and daughters their heirs and assigns against the claim of myself my heirs and assigns without any manner of controul or conditions whatever or the claim of any other Person or persons whatever I shall and will warrant and by these presents forever defend in Testimony where of I have hereunto set my hand and affixed my seal the day and date first written.
Test. James Ford
John Williams
John Lott
This day appeared before me John Williams and being duly sworn deposeth and sayeth that he was present when John Lott had the above deed drawn and appeared to be in his proper sense and duly sober and delivered it into the hands of his brother Robert Lott and the said John Williams a witness to the above deed. Given from under my hand this 6th day of February in the 1807.
Wm. McGrew, J.P.
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Mississippi Territory)
Washington County )
February the 4th day 1807 to all people before whom these presents may come Greetings. Know ye that I John Lott of the said Territory for and in consideration of the love good will and affection which I have and bear towards by loving sons and daughters namely Elizabeth Lott, Arthur Lott, John Lott, Robert Lott, Jesse Lott, Sarah Lott and Fanny Lott have given and granted and by virtue of these presents freely grant and deliver unto my said daughter Elizabeth one negroe girl named Rachel about eight years old and unto my son Arthur one negroe boy named Lewis about six years old and unto my son John one negroe boy named William about seven years old and unto my son Robert one negroe boy named Simpson about five years old and unto my son Jesse one negroe boy named Willson about five years old and unto my daughter Fannie one negroe girl named Dorcus about three years old and to my daughter Sarah one negroe named Velet about nine months old which said negroes named as aforesaid together with the increase unto my said sons and daughters their heirs and assigns I do from henceforth give grant and deliver in manner and form aforesaid likewise I the said John Lott do for the same love and esteem for my said sons and daughters as aforesaid give grant and deliver in equal copartnership unto my said sons and daughters all my stock of cattle and hogs also three other negroes named Rachel and Sophia and a boy named henry together with their increase to be fairly and lawfully divided in equal division when ever the youngest one of my said sons and daughters shall become of lawful age to act or do for themselves all which negroes given and granted as aforesaid together with all my said stock of cattle and hogs as aforesaid I the said John Lott have delivered unto the hands of my two Brothers namely Robert Lott and Jesse Lot in care and trust for to act as guardians for my said sons and daughters agreeable to the laws of this territory and I the said John Lott the said negroes named as aforesaid likewise the said stock of cattle and hogs together with their incresas unto my said sons and daughters in manner and form aforesaid against the claim of myself my heirs and assigns or the claim of any other person or persons whatever shall and will warrant and forever defend without any manner of condition whatever in Testimony where of I the said John Lott have hereunto set my hand and affixed my seal the day and date first above written.
John Lott (L.S)
Interlined before signed in the words named Vilet
Test. Wm. Sumrell
T. A__ssond
Acknowledged before R. Harwell, clk.
Recorded the 4th of February 1807
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Mississippi Territory)
Washington County )
In the name of God Amen, I John Lott(13) senior being of sound and perfect mind memory blessed by God do this fourteenth day of April in the year of our Lord one thousand eight hundred and eight make and publish this my last will and testament in manner following that is to say - First I give and bequest unto Luke Lott sr(14) and Elizabeth Lott sr(15) our negro man named Mingo is to be equally divided between the sd two heirs and their executors and assigns forever - And I here by appoint Robert Lott(16) and John Lott Jun(17) Guardians for my daughter Elizabeth part of my property - I give and bequeath unto Robert Lott one sorrell mare his heir and assigns forever - I give and bequeath unto John Lott junr one feather bed his heirs and assigns forever - The said Elizabeth Lott is to live with the sd Luke Lott during a single life the sd Luke Lott is to support the said Elizabeth during the time of living with the sd Luke Lott. I also give and bequeath unto the sd Elizabeth Lott all the household furniture her heirs and assigns forever - I also give and bequeath unto Robert Lott one saddle his heirs and assigns forever - I give and bequeath unto Jessa Lott(18) one Dollar his heirs and assigns forever. And I hereby make and ordain my worthy friend John Lott Executor of my last will and testament. In witness where of I the said John Lott Snr have to this my last will and testament set my hand and seal the day and date above written. Signed sealed published and declared by the sd John Lott Snr(19)
The testator as his last will and testament in presence of us who were present at the time of signing and sealing thereof.
Test J. Sham, B. Phillips, N. S. Tapley.
John Lott Snr (L.S.)
October 6th 1808. This day came James Thomas before me and being duly sworn sayeth that he saw the within will signed and delivered to Luke Lott sworn to before me this date above mentioned. Jas. Morgan, J.P.
Recorded 8th Dec 1808
R. Caller, Reg.
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Mississippi Territory)
Washington County )
Know all persons that I Elizabeth Lott of the county afforesaid hath bargained sould and by these presents doth bargain sell and deliver my part of our negro man slave named Mingo which is the one half of the said negro man slave unto my brother Luke Lott for the sum of two hundred Dollars to me in hand paid before the selling and delivery of these presents which I doth warrant and forever defend the one half of the said negro man unto Luke Lott his administrators and assigns for ever against my self my heirs and assigns and all and every other person or persons whereunto I have set my hand and fixed my seal in presents of
September the 20th day 1808(20)
[Witnesses]
James (his mark) Thomas
Elizabeth Lott
Elizabeth (her mark) Lott
This day came James Thomas before me and made oath that he saw the within bill of sail signed and delivered. Sworn to before me this 29th of November 1808. Jas. Morgan, J.P.
Recorded 8th December 1808, R. Caller, Reg.
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Mississippi Territory)
Washington County )
Know all men by these presents that I Elizabeth Lott of the county aforesaid have Bargained sold and delivered unto my brother Luke Lott one gray Horse to the value of one hundred and 20 Dollars and also five cows and three calves for the sum of one hundred and ninety Dollars(21) to me in hand paid before the selling and delivery of these presents as witness whereof I have set my hand and fixed by seal this first day of November [remainder not available for transcription]
Recorded 8th December 1808, R. Caller, Reg.
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Endnotes
1. This man was born about 1760 and is assumed to be the son of the John Lott born c1740-2. He was the "founder" of Lotts Bluff and is shown on the 1820 census of Marion Co., MS, as John Lott Sr., age over 45. It's not clear why he made out the deed of gift to his children who were all minors in 1807 since he didn't die; perhaps he was planning to return to Georgia on business. He named his brothers Robert and Jesse in the deed of gift and the three brothers are assumed to be among those named the next year in the will of their father, John.
2. John Lott Jr. had received a passport from Tattnall Co., Georgia, through the Indian land in December 1805. His property in Tattnall Co. "where Lott lately resided" was sold by the sheriff in January 1806. At the time of the deed of gift it is assumed that he was residing at Lotts Bluff (now Columbia, Mississippi) which was then in the jurisdiction of Washington Co.
3. Elizabeth Lott must have been born about 1790 in Georgia and is assumed to be the eldest child of John Lott as she was listed first in the deed of gift. She may also have been the Elizabeth who witnessed the transaction between her aunt and uncle Elizabeth and Luke Lott in 1808. Nothing more is known about her.
4. Arthur Lott was the second child that John Lott listed in the deed of gift and must have been born about 1794. This Arthur is assumed to be the Arthur Lott Jr. age 18-26 on the 1820 census of Marion Co., MS and the one who received a grant in Jackson Co., Florida Territory in 1828. He later immigrated to Mexican Texas in the mid 1830s and died while residing in Limestone Co., Texas, about 1848.
5. John Lott was the third child listed on the deed of gift and must have been born about 1795. Like his brother, Arthur, he went to the Florida Territory in the 1820s and to Mexican Texas in the 1830s. He was also residing in Limestone Co., Texas, when he died about 1848.
6. Robert was the forth child listed on the deed of gift. His full name was Robert Alexander Lott and he was born in Georgia in 1797. He is shown on the 1850 census of Washington Co., TX, as Robt. A. Lott, age 53 born GA. He died in 1860. He took the same immigration route to Texas as his brothers John and Arthur.
7. Jesse was the fifth child listed on the deed of gift and was thought to have been born between 1800 and 1805. He is shown on the 1830 census of Jackson Co., FL, as Jesse Lott age 20 to 29. He may also have come to Texas with his brothers, but disappeared from the records about 1841.
8. Fanny Lott was the sixth child listed on the first copy of the deed of gift and listed last on the second copy. She was probably born about 1804. She married John Alexander in Marion Co. in 1820.
9. Sarah Lott was the seventh and last child listed on the first copy of the deed of gift in 1807 and was thought to have been born about 1805. No more is known about her.
10. Robert Lott was a son of the John Lott born 1740-2 and a brother of the John Lott who made out the deed of gift. Robert was born about 1775 probably in Georgia and was murdered by the Copeland gang in Marion Co., MS, in 1843. He was living in Tattnall Co., Georgia, by 1802 and seemed to be getting into financial and legal difficulty in 1805. He possibly came west with his brother in December, 1805, as his Geogia property was sold by the sheriff in 1806. He began to appear in Mississippi Territory records in July 1807 when he served on a jury
11. Jesse Lott was a son of the John Lott born 1740-2 and another brother of the John Lott who made out the deed of gift. He was living in Montgomery Co., GA, prior to obtaining a passport through the Indian land in November, 1806. He was surely the Jesse who remained in the Mobile area and family tradition showed him with brothers named Robert, etc.
12. The deed of gift was recopied with minor wording changes and different testators.
13. This is surely the John Lott whom Frances Blitch in her D.A.R. application claimed was born in 1742 and died at age 68 supposedly in July, 1810. At the time of the Revolutionary War he was John Jr., but by 1808 he had become John Sr. Numerous deed and land grant records in Georgia document his whereabouts from ca1786 in Effingham Co. to Montgomery Co. by 1797. He was in Tattnall County, GA, with many other members of his family shortly before coming to the Mississippi Territory in December, 1807.
14. Luke Lott was born about 1770 according to his 1850 census listing from Marion Co., MS. His movements mirror those of this father John from Effingham and Tattnall Counties in Georgia to the Mississippi Territory. In the will he was listed as Luke Sr. which would distinguish him from his young nephew who must have must have been born in the 14 month interim between the deed of gift and the will (there was no child named Luke in the deed of gift).
15. Elizabeth Lott was a daughter of the John born 1740-2 and must have been an "old maid" or spinster. She was probably the Elizabeth who participated in the land lottery in 1807 in Tattnall Co., GA. John's use of the word "our Negro man named Mingo" leads me to believe that she was taking care of her father's household perhaps before and after the move west. It is curious that no mention of a wife or son Mark is made in the will and this has, of course, contributed to the mystery surrounding John's identity. While this omission does not square with Frances Blitch's assertion that John's wife was Sally who outlived him and died in Telfair Co., GA, in 1818, it's not a contradiction just a complication. The continuity of the deed and other legal records in Georgia for John Lott and men with the names of these sons, together with the passports through the Indian land at just the right time, followed by the resumption of legal activities by the same set of names (less Mark) in the west clearly points to the conclusion that it is the same John Lott. Reconciliation of the problem of the absence of a wife and son from the will is not apparent with the present evidence, but perhaps John and his wife were separated and Mark sided with his mother as neither seemed to accompany the family to the Mississippi Territory.
16. This is assumed to be the same Robert Lott mentioned as brother to the John who prepared the deed of gift to his children the year before.
17. This is assumed to be the same John who prepared the deed of gift to his children.
18. Although written as Jessa in the will, it is assumed to be a mistake by the recorder and the man is thought to be the same Jesse Lott mentioned as brother to John who prepared the deed of gift. Since Jesse only received a dollar in the will, it's not known whether he was in disfavor with his father or had already received sufficient inheritance.
19. Some have suggested that the deed of gift and the will were written by the same John Lott to the same set of children. Examination of the original documents shows that the two sets are different. Also, in the deed of gift, at least some of the children are minors and two adult brothers of John Lott Jr. are named.
20. John Lott was dead between this date, September 20, 1808, and the date he signed his will, April 14, 1808. The will and the deeds from Elizabeth to brother Luke were all recorded in the deed book on the same day, December 8, 1808. What happened to Elizabeth after this time is not known
21. Elizabeth Lott quickly liquidated the livestock and her interest in the slave given to her by her father. It is interesting to note the meager set of valuables included in the will such as household furniture and livestock. It is most significant to note that there was no real estate included. This does not fit with the picture of John Lott, land dealer for decades. However, there were numerous land transactions in Tattnall Co., GA, by John Lott in the months prior to his move in December, 1807, and he must have disposed of his property during that time. Also son John owned ten slaves in 1807, some of which may have been given to him by his father before the will.