The Brother-in-Law Conundrum

The word “brother-in-law” is becoming the bane of my research. In earlier times, the term “in-law” had a broader scope than is now the case. Pretty much anyone related to you by marriage was an in-law. Therefore, a brother-in-law could be one in the modern sense, a stepbrother, or even the brother of your brother’s wife/sister’s husband! Unfortunately for me, this word has cropped up twice in my research in head-scratching circumstances.

James Ball, “brother-inlaw” of Captain Francis Brice

James and Magdalene Ball of Carteret County are my 8th great-grandparents. I descend from their granddaughter, Mary Ball Caton, wife of John Caton and mother of Lydia Dixon. So I was justifiably excited when I learned there was a deed proving that Magdalene was a Brice. From Carteret County Deed Book D, pg. 441:

No. Carolina Carteret County. Know all men by these prest^s. that I Capt. Francis Brice of y^e province & County afors^d. planter out of true love favoure & affection I beare & carrey unto Jm^s. Ball my brother-inlaw of same County planter, have give & granted & by these prest^s. do give & grant unto y^e s^d. Jms. Ball his heirs ex^cs & adm^s. or assigns three hundred acres of lying in y^e above Countey, begining att a cypress Colverts corner tree, then down y^e various courses of White Oak river to a red oke markt I13 one on side & F B on y^e other side then N^o. 12 E^t. 358 pole to a pine then S^o. 85 W^t. 131 pole to a pine, from thence to y^e cypress the first station.

To have & to hold the s^d. three hundred acres of land lying as afors^d. unto y^e s^d. James Ball his heirs ex^cs. adm^ns. or assigns for ever from me my heirs for ever & I hereby binde myself my heirs not to molest nor disturb y^e s^d. Jm^s. Ball & his foresaid in quiate possession of y^e s^d. land ? y^e s^d. Jm^s. Ball & his aforesaids are hereby oblidg^d. to pay y^e quit rents arising as becoming due upon y^e s^d. lands.

In wittness whereof I have sign^d. seal^d. these prest^s. this 22^d. day of September Anno Dom. 1747 – Francis Brice

Seal^d. sign^d. & delivr^d.
in ye prest^s. off uss
Charles Hay
Booth Jones

On y^e oath of Chals. Hay of y^e due execution of these deed let itt be regist^d. y^e 10th March 1747. E. Hall C.J.

How does this prove anything? All it does is state that the relationship exists. This deed does nothing to clarify that relationship. It’s quite annoying.

Benjamin Lewis and “Brotherin Law William Staplefort”

Benjamin Lewis was my 5th great-grandfather. In his will (Beaufort County Orphan Book A, pg. 270, or Beaufort Orphans: Book A, 1808-1828 by Betty J. Camin, pg. 91), dated 11 Mar 1817, he mentions his wife but does not give her name. A common omission that never fails to irritate and annoy me. Also mentioned are their two sons, Rowland and Tillman (my ancestor). Census records indicate there was a daughter, but if there was, she is not mentioned. At the end, he appoints “my Brotherin Law William Staplefort executor to this my Last Will & Testament….”

In what way was Staplefort, of Stapleford as it’s more commonly spelled, Benjamin’s brother-in-law? I know from Craven County marriage records that William’s wife was Mary Cuthrell. Was Benjamin’s wife a Cuthrell or a Stapleford? There is only one Lewis woman listed on the 1820 census in Beaufort County, Mary Lewis, with one boy under 10, one between 10 and 15, one girl under 10, one young woman 16-25, one woman 26-44, and one slave woman 26-44. It’s not unheard of for two siblings to have the same first name, especially half-siblings.

Alternatively, Mrs. Lewis could have wed Mr. Stapleford or Mrs. Stapleford Mr. Lewis. Benjamin was one of the securities for the administrator bond upon the Estate of Thomas Stapleford 6 Mar 1804. I’m also aware of the presence in the area of Taylor, Keziah and Pembrooke Stapleford. Thomas and Taylor, I’m fairly certain, were brothers. How the others fit, including William, I don’t know. Talk about frustration.

A few years ago, I reached out to a person in possession of letters to William from his brother, Raymond, who moved to New Madrid, Missouri after the War of 1812 (Which baffles me. Why would anyone do that so soon after the earthquakes?), to see if there was mention of the Lewises, but they’ve never gotten back to me.

Just to add another level of irritation, when FamilySearch added Beaufort County land records, I found there was a deed from William to Benjamin in Deed Book 11, pg. 11. But, as I’ve griped to Sara, I can’t find Book 11! You’d think it would be between books 10 and 12, but it isn’t.