Relay – A Family History Blog

On the 25th of November 1842, the heirs of Charles Overman, late of Clark County, Indiana, created a deed transferring ownership of a piece of land back to Tamar Overman.¹  The deed was created as the result of a court case in Clark County.  We don’t have the documents relating to the court case, although we know that Tamar Overman sued to recover land that had been “temporarily” signed over to Charles Overman (perhaps because as a single woman she was in some way at a disadvantage in managing land?)  Charles died in 1839 without returning the property to Tamar.  Hence the lawsuit.  But the most interesting thing for genealogists about this deed is that the heirs are represented by a trustee, in part because they were mostly minors.  Minors who were the orphaned grandchildren of Charles Overman and his wife Mary ?.  The list of the heirs is very particular

• Noah Cartwright and his wife Elizabeth Cartwright, formerly Elizabeth Overman
• James Overman, Polly Overman, Sally Overman, Charles Overman, Samuel Overman, Anna Overman and Jane Overman
• Mary Overman, widow of Charles Overman

The deed is a bit difficult to read in parts, but the wording in consistent each time the heirs are listed, except for the signature lines.  The trustee, George F. Whitworth, signed for each heir in a separate line but omitted the name Samuel Overman from the list of heirs.  This is probably a clerical copying error.

 

What does this list of heirs tell us?

Mary and Charles had at least 2 children.  The deed lists Elizabeth Overman Cartwright and a number of other individuals with the Overman surname.  Based on census data, Elizabeth Overman Cartwright was about 42 when named in this deed.  She is the only married female in this list none of the other females are listed with their husband as was the standard practice.  Census data suggests the other Overman are a generation younger than Elizabeth.  Logically, they are the children of at least 1 deceased son of Charles and Mary (?) Overman, since they all bear the last name of Overman. Looking at other deeds that list heirs of deceased children, it is surprising that the parent of these children is not named.  That seems to be the norm.  Typically the children of each deceased heir is listed in a formula such as “X, Y, Z, heirs of A, deceased.” The lack of this formula perhaps means that all of the are children of a single deceased heir. And given that no mother of the children is listed, the children are most likely true orphans with neither parent alive in 1843.  And finally, we can be sure that no other children of Charles and Mary Overman were alive in 1843 since the lawsuit and the deed name all the “heirs at law.”

Any questions?

Who was the father of these children? Looking at census and land records for Clark County Indiana only 2 candidates appear – Jacob Overman and Joseph Overman

Was Tamar Overman a child of Charles, perhaps with a different wife? Based on the original deed, census ages for the individuals involved and internal wording, probably not.  But this is very tentative.