The genealogical mystery of JESSE DEAN, who was killed by a tree, 2 Mar 1842
(of Little Creek Hundred, acc/to probate)

 

1. Kent County Coroner's Inquest,     Jesse Dean, 1842. Original on file at Delaware Archives, Dover, DE. Kent County

The deposition of Wm Jones who being duly sworn deposeth and State of Delaware saith that he is nearly twenty three years old, and that on the second of March after sun down in the evening he passed by where Jessee Dean was cutting down a tree near his dwelling house, that said Dean appeared Sober and in good health, that the deponent stopped a few minutes and talked to said Dean and then passed on, that having occasion to pass by the same place the next morning he found the tree down and the said Dean was laying partly under the lap of the tree, and that he was dead when he found him and further deponent saith not.
March 3d 1842 William B Jones seal Attest John B Hodge Kent County.

The deposition of Thomas Carney who being duly sworn deposeth State of Delaware and saith that he is sixty-six years of age, and that on the second of March 1842 about noon Jesse Dean came to his house and ground his axe that he left his house about Two Oclock and left the deponents house in company with him that the deponent went on to his work and that Dean went on with the Team that were moving Prince Powell, he saw no more of Dean until the next morning when Fanny Jackson who keeps his house for Dean came running to the deponents house saying that a tree had fallen on Dean and killed him. Deponent in company with his hired hand started to Deans on the way they met Nathan Davis who went with them to the tree where they found Dean perfectly dead under the lap part of the tree with a small limb laying on his head and a larger one under his chin that Dean was cold and stiff as though he had been dead some time, that they took Dean from under the tree and carried him to his own house, that his head was severely injured, and that one of his thigh bones was broken. And further the deponent saith not.

March 3d. 1842 Thomas Carney seal Attest John B Hodge State of Delaware Kent County.

The deposition of Fanny Jackson (M) aged about forty five years having been duly sworn deposeth and saith that that on the evening of the second of March Jessee Dean came home to his house gave her directions about getting his supper and went out to fell a tree in front of his house about one hundred and twenty five yards distant that she saw an individual standing with him at the tree and that just before dark she saw the tree fall, that said Dean did not return home, and that early in the morning she went out to the tree and found the said Dean beneath the tree and dead, one of the limbs laying on his head, that she went immediately for Thos Carney who with others took him from the tree and brought him into his house where he still remains. And further the deponent saith not.

Attest John B Hodge Fanny Jackson seal her X mark Kent County.

The deposition of Washington Seeny aged twenty five years having State of Delaware been duly sworn deposeth and saith, That on the evening of the 2nd of March he went to where Jessee Dean was cutting down a tree near his dwelling house, that said Dean seemed to be in good health, sober, and in his right mind that he left him just after sun down, and before the tree was down on which he had been cutting. further the deponent saith not.

Attest Washington Seeny seal John B Hodge his X mark.

Know all men by these Presents that we whose names are here unto subscribed authorised and impower John B Hodge, Coroner for Kent County to collect and Receive each and Evry one of our faese* what may be due us for our services as Jurors on an inquestion* Indented* and taken at the house of Jessee Dean Decd on the view of the dead body of Jessee Dean Decd Kent County for which we give a final acquittance for the same Given under our hands and Seals this third day of March AD 1842.

*partly illegible

Wm R. Cahoon seal John Green seal Wilson Stidham seal John T. Cheaves seal William T. Campbell seal Moses Jones seal Mason Bailey seal Jessey Jones seal William Scotten Jr seal Wm. F. Hawkins seal Silas Jones seal Washington Seney seal Wm. Scotten seal William Morris seal James Wilson seal Isaac Shorts seal John F. Hendrickson seal William Butler seal Sewell Green seal John Milboun seal KENT COUNTY, SS.

An inquisition taken the third day of March AD one thousand eight hundred and forty-two at the house of Jesse Dean Decd in said county, before John B Hodge Coroner of the said county, upon view of the dead body of Jessee Dean by the oaths and affirmations of Wm R Cahoon, Wilson Stidham, William T. Campbell, Mason Bailey, William Scotten Jr, Silas Jones, Wm. Scotten Sr, James Wilson, John F. Hendrickson, Sewell Green, John Milboun, Jno Green, John T. Cheaves, Moses Jones, Jessee Jones, Wm. F. Hawkins, Washington Seeny, William Morris, Isaac Shorts, and William Butler, substantial and judicious men of the said county, who being in due manner sworn or affirmed, say that the said Jessee Dean came to his death in consequence of a tree's falling on him which he cut down on the evening of the second of March 1842. In testimony whereof, as well --- said Coroner as the said Jurors, have hereunto set their hands and seals, the day and year aforesaid.

Making marks: Moses Jones, Jessee Jones, Washington Seeny, Isaac Shorts, William Butler, Silas Jones, John Milboun

Signing: John B Hodge, Wm. Scotten Sr., Wm R Cahoon, John F. Hendrickson, Wilson Stidham, Sewell Green, William T. Campbell, John T. Cheaves, Mason Bailey, Wm. F. Hawkins, William Scotten, William Morris, John Green, William Scotten Jr.

 

2. Probate record: Jesse Dean, 1842, late of Little Creek Hundred. Original on file at Delaware Archives, Dover, DE.

Appraisers appointed 11 Mar 1842: Isaac Hasle & Obadiah Voshall Thomas Butcher adminstrator for Jesse Dean's estate. Accounting 27 Jun 1843:

To John Cott and John Durham for digging grave
To Frances Jackson for keep

Accounting by Hiram Finlow, administrator for Thomas Butcher's estate, who in turn is administrator for Jesse Dean
's estate, Butcher having also died. 10 Mar 1851.

"By this amt from the estate of Thomas L. Butcher to the Estate of Jesse Dean being a balance for Land Sold by Jesse Dean to James Richardson and Recd by said Thos Butcher after the death of Jesse Dean and not accounted for by the said Butcher in his admr repts...." $30.58

--No ages given in either document.
--No relationships given in either document.
--The Jesse Dean to James Richardson transaction was not found in the Grantor index at the Delaware Archives (grantor Jesse Dean, grantor Thomas Butcher, grantee James Richardson). But see e-mail thread below.

 

3. E-mails between members of the Mitsawokett group:

From Charles Martin 12 Jul 1998:

While searching deeds I came across some very important Dean information. Jesse Dean, the one who was killed by a falling tree, died 3 Mar 1842 without heirs or anyone who could legally inherit his property so the Delaware assembly, senate and house of representatives, passed an Act on 3 Feb 1843. ...

"Whereas it has been represented to this General Assembly, that a certain Jesse Dean mulatto late of Kent County and State of Delaware now deceased the illegitimate son of one Selah Okie (Okey, Oakley) late of Kent County now deceased also having been born out of wedlock and the illegitimate brother of the half blood of the said Thomas S. Butcher, Rebecca (Dean) Durham (wife of Daniel Durham), Mary Dean, John Dean and Phebe Dean the said Thomas S. Butcher, Rebecca Durham, Mary Dean and John Dean being the illegitimate children of the said Selah Okie born of the said Selah Okie out of wedlock; and that the said Jesse Dean in his lifetime purchased ...fifty acres ...." (my embelishments)

For some unknown reason, none of Jesse's heirs of law recorded the deed with the recorder of deeds, within a year of its passage, as was required by law. The assembly had to pass the act a second time. This they did on 10 Jan 1845. This time the heirs recorded it.

Following the paper trail, by Jan 1846 Phebe Dean had married Thomas Benson, Mary Dean had married Robert Miller and John Dean was unmarried. I feel confident that three of the the four Kent County Jesses have been placed with their respective families. I would like to find some proof as to the parentage of the Jesse Dean who married Hester Conselor in 1814 and died ca 1816.

 

From Charles Martin:

I took another look at my copy of the assembly act chapter 422 of the 1843 term. The act was originally written to include only Thomas S. Butcher and John Dean as heirs. Then it was amended and the names Rebecca Durham, Mary Dean and Phebe Dean were added.

 

From Ned Heite 12 Jul 1998:

Charles Martin wrote: While searching deads. I came across some very important Dean information. Jesse Dean, the one who was killed by a falling tree, died 3 Mar 1842 without heirs or anyone who could legally inherit his property so the Delaware assembly, senate and house of representatives, passed an Act on 3 Feb 1843. Following the paper trail, by Jan 1846 Phebe Dean had married Thomas Benson, Mary Dean had married Robert Miller and John Dean was unmarried.

What was the relationship of Mary's Robert to Deberix? Deberix was tenant on the Bloomsbury tract many years after our site went down.

Is this the John Dean who got the seaman's protective papers? He would have been 20 in 1846.

The Oakey (Okie, etc.) family aren't found much in Kent County, but there are many in Sussex. Russ McCabe theorizes that the modern Ake family are descended from them, which is possible in the environment of Sussex County linguistics, where no syllable is safe. I don't know this Selah Oakey.

There was a Selah Butcher, who died in the late eighteenth century. Interestingly enough, the names on his 1795 administration were Jesse Dean and Thomas Butcher.

Can someone sort out those two?

MORE ABOUT THE OKEY FAMILY IN AMERICA

A Thomas S. Butcher was administrator of the Jesse Dean who died in 1839.

There were two Thomas Butchers present in the late eighteenth century. The one on the Selah Butcher administration was not the same one who received the acre Daniel Durham promised and Benjamin Durham conveyed in 1786. The one who administered Selah Butcher's estate is probably the one who died in 1823 and was the grandfather of the Thomas who inherited half-interest in the five acres at Fast Landing. Chuck Martin found out who bought that lot from the heirs, I believe.

Saunders Oakey married Nehemiah Handsor's widow, and Nehemiah's children did not like him one bit.

Back a hundred years before that, there is the confusing relationship between the first Oakeys and the first Handsors, entirely too many of whom were named Aminidab.

 

From Ned Heite 14 Jul 1998:

I went back to the archives and got a copy of the draft law on the Dean (1842) estate, which is chapter 422 of the 1843 term. I couldn't find the petition. Originally it was written to vest the land in Thomas S. Butcher, and then the Dean siblings were added. This is why I think there is a second Dean mother, who bore the other children. It's a little difficult to illustrate in the limited capabilities of computer communications, but here is my attempt. Here, in a more graphic form, is my reading of the data.

The draft bill clearly indicates that there were two different, possibly competing claimants. All were half-siblings of Jesse, which means that he was the only one with that particular mother. Thomas was also an illegitimate half-sibling. Acting alone, he applied for the law.The other half-siblings intervened as a group, which indicates that they had a different mother. They all had the surname Dean. If they had had the same mother as Jesse they would have been full siblings, and therefore eligible for full shares without the law.

 

 

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NOTE: April, 2009, there has been some discussion as to whether Selah Oakey is, indeed, male. Joseph Romeo makes the case for Selah being female:

28 Apr 2009

While I readily admit that the name Selah could be either male or female, I am going to come down on the side of the name being female with reference to Selah Okie.

I was already leaning toward female based on the fact that the only occurrence of the name Selah among the Delaware marriage records was female. I would give more weight to the local naming convention in Delaware than I would to naming conventions in other states (a search across the U.S. in 1860 yielded many more instances of Selah being male then being female - RT).

But what has made me even more certain are some passages from the Laws of Delaware. I here refer you to google Revised Statutes of the Laws of Delaware 1852. This will bring you to a digitized image of the Revised Statutes of 1852 as amended up to 1893. You can download this PDF file.

On p. 608, in the chapter on Masters, Apprentices, and Servants, it is stated, "An illegitimate child shall be regarded as having no father,,," The law considers an illegitimate child to have only a mother. Any father is only the "putative father."

On p. 642 is a later law (1855) which is in keeping with the law above: "That when an illegitimate born person dies intestate and without lawful his property, real and personal, if any such there be shall pass, and belong to mother, if living, and in case of her death, to her lawful issue share and share alike, always to the payment of debts and demands against such illegitimate person or persons, and to expenses of administration."

In the case of the heirs of Selah Okie, it appears that she had no "lawful issue," only illegitimate issue, that being the reason why a law was necessary to determine ownership of Jesse Dean's land.

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From: freecycleblobcom.20.junkymail@spamgourmet.com, Dec 30, 2010

Reading that web page again, it looks like there is pretty good evidence that Selah was a male as shown in the chart at the bottom of the screen.

Here is the evidence I see:

1. There was a Selah Butcher male with estate, known male - this shows the name was definitely used for a male previously.

2. Illegitimate children usually take the name of the mother (unless that was different in this community?).

Based on #2 - this would explain why there are several half-siblings listed with different names (Dean, Butcher, and possible 2nd Dean by the argument shown on the web page). However, on Elizabeth's death certificate it shows Mary's maiden name Oakey (this could be because Mahlon - the informant - knew her father was an Oakey?).

In the deed on the webpage the interpretation of this section may imply that Selah was male (a brother) but probably is referring to Jesse and thus does not provide strong evidence:

"Jesse Dean ... now deceased the illegitimate son of one Selah Okie (Okey, Oakley) late of Kent County now deceased also having been born out of wedlock and the illegitimate brother of the half blood of the said Thomas S. Butcher"

The first section "illegitimate son" obviously applies to Jesse. The second section "also having been born out of wedlock" seems to apply to Selah. The third section "illegitimate brother" could grammatically apply to either Jesse or Selah, but due to the other list of names would appear more likely to apply to Jesse.

Do we have any other evidence either way of Selah being a male or female?

 

Reader: if you think you are a descendant of any of the above named persons
or can provide further light and knowledge about them, please contact us --

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KUSKARAWOAK & MITSAWOKETT

"The History and Genealogy of the
Native American Isolate Communities
of Kent County, Delaware, and
Surrounding Areas on the Delmarva Peninsula
and Southern New Jersey"

 

 

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