Individual Details

Benjamin was the only son per the Will of David Stockton.

Benjamin married Elizabeth Smith probably in South Carolina. He left her and married the widow Sarah Williams Hall in Jackson Co GA about 1810.

http://www.geocities.com/houghtonnance/gp580.htm#head1 [29 Jan 2007]
Gave date of death with no additional information

1800 Census. Union District, SC. 2m under 10, 1m 16-26. 1f 16-26, 1f 26-45. Benjamin & Elizabeth were both about 25; David 2, Douglas, an infant. The older lady is likely Benjamin's widowed mother.

1808 and 1810, Benjamin Stockton was on tax lists in Franklin Co GA.

Oct 1815. Giles Co, TN. Elizabeth petitioned for a divorce. Benjamin failed to appear and notice was to be printed in the town of Columbia for four weeks, that appear at the next court.
12 Apr 1816. Divorce granted for willful and malicious desertion and absence without reasonable cause for two years and upward. The court appointed three men to divide and lay off all property in possession of Elizabeth which had belonged to Benjamin.
An inventory was taken 22 Aug 1816 and present in Giles Co Court in 1816. Elizabeth was awarded the Negro Daniel, a black mare, cattle, hogs, bed & furniture, cooking utensils and dishes, a flax wheel, a "plough" and other garden tools, 3 axes, 5 books, 2 water pails and a tub.

1820 & 1830 Census. Benjamin Stockton was in Jackson Co, GA. In 1840, both Benjamin and Benjamin Jr. were counted in Jackson Co.

Benjamin Stockton's will was dated 16 Mar 1846, Jackson Co GA. He bequeathed $1 to his first wife Elizabeth and $1 to each of her children and $1 to Eliza Gile [the remarried widow of son Benjamin F.]. His property was to be divided among his wife Sarah and their living children.

The Will of Benjamin Stockton was probated in Jackson Co, Georgia April 9th, 1849, Pages # 316, # 317, also in the Wills and Abstracts Book on page # 142, Book A & B, 1800-1888 Jackson County, Georgia,
Burial Place, Believed to be Oconee Baptist Church Cemetery, Jackson Co., GA. There is not a marker for him or his wife there, but in the same area that his son James M. Stockton is buried are several unmarked graves, they are believe to be one of these. Age: 74 years
Occupation: Farmer
Benjamin owned a large Plantation in Jackson Co., GA consisting of a thousand or more acres of land. The Plantation was located on what is called the Plainview Road, leaving Dry Pond, Jackson County, Georgia, on Plainview Road it's the first valley you come to. His Plantation House was believed to be on top of the hill after crossing the valley creek. Note: It's believed That Benjamin Stockton was married to both wive's at the same time, without getting a divorce from the first one. He was married to Elizabeth Smith in Tennessee, Left her and children in Tennessee, Came to Jackson Co., GA where he married to Sarah Williams Hall. There were 3 more children born to the wife in Tennessee after he married Sarah Williams Hall in Jackson Co., GA


The marriage to Sarah Williams was obviously a bigamous marriage as Benjamin and Elizabeth had two more daughters, Margaret and Lucinda, and a son Vines Smith, who was born 1813 or 1814. Elizabeth evidently discovered Benjamin's duplicity and moved to or remained in Giles County, Tennessee, as did her mother-in-law Margaret (Haden) Stockton.
In October 1815 in Giles County, Tennessee, Elizabeth petitioned Benjamin for divorce. Benjamin failed to appear in court, and the notice given for him to appear at the next session was printed in the town of Columbia for four (4) weeks. Divorce was granted 12 April 1816 for willful and malicious desertion and absence without any reasonable cause for the space of two years and upwards...and the court appointed three men to divide and lay off all such property now in possession and occupation of Elizabeth which belongs to Benjamin, with Micajah Ezell to pay cost incurred. An inventory taken 22 August 1816 was presented in Giles County court October 1816 and Elizabeth was awarded a Negro Daniel, a black mare, 13 head of cattle, 16 head of hogs, a bed and furniture, 1 large kettle, 1 pot, 1 dutch oven, 1 puter (Pewter) dish, 3 puter basins, 1 tin pan, 1/2 dozen tin cups, 5 knives & 4 forks, 1/2 dozen cups and saucers, 1 flax wheel, 1 plough & gen ?, 3 weeding hoes, 3 axes, 1 pair cotton cords, 1 grid iron, 5 books, 2 water pails, and 1 tub.

Margaret Haden Stockton was very ill when she wrote her will, 12 September 1818 Giles County, Tennessee in which she gave her son Benjamin "five shillings if ever applied for" with her personal property evenly divided among the seven children of Elizabeth Stockton. She obviously refused to recognize her grandchildren by her son's second marriage.

Birth	1776	Rowan County, North Carolina
Marriage	Ca 1797	Elizabeth Smith
Marriage	28 Jun 1810	Jackson County, Georgia - Sarah Williams
Divorce	12 Apr 1816	Giles County, Tennessee - Elizabeth Smith
Death	7 May 1849	Jackson County, Georgia

Spouse	Elizabeth Smith (1775 - 1847)
Child	David Stockton (1798 - )
Child	Douglas Hayden Stockton (1800 - 1836)
Child	William Stockton (1802 - 1860)
Child	Josiah Smith Stockton (1805 - )
Child	Margaret Stockton (1806 - )
Child	Lucinda Stockton (1810 - )
Child	Vines Smth Stockton (1811 - 1863)

Spouse	Sarah Williams (1781 - 1861)
Child	Elizabeth Stockton (1808 - 1887)
Child	Benjamin F. Stockton (1812 - 1841)
Child	James M. Stockton (1814 - 1883)
Child	Martha Ann Stockton (1815 - 1855)
Child	Margaret Stockton (1817 - )
Child	Sarah McDuffie Stockton (1818 - )
Child	Thursa Ann Stockton (1821 - 1896)

Father	David Stockton (1750 - 1792)
Mother	Margaret "Peggy" Haden (1755 - 1818)