THE ROBERT AND MERCY JOHNS(T)ON FOSTER FAMILY
OF GREENE COUNTY, TENNESSEE

THIS FAMILY HISTORY HAS BEEN COMPILED FROM PRIMARY SOURCE DOCUMENTS IN TENNESSEE, ARKANSAS, KANSAS, MISSOURI AND NORTH CAROLINA; GREENE COUNTY MARRIAGES 1783-1868 BY GOLDENE FILLERS BURGNER; WAR OF 1812 CAPTAIN ROBERT MALONEY’S ROSTER; POCKET NOTE HISTORY BY T. ELMER COX; THE 1833 ESTATE SETTLEMENT OF ROBERT FOSTER (SENIOR); THE 1850 ESTATE SETTLEMENT OF MERCY JOHNS(T)ON FOSTER; THE 1843 LAND DEED SIGNED BY THE HEIRS OF ROBERT FOSTER (SENIOR); LOGAN COUNTY, ARKANSAS:  ITS HISTORY AND ITS PEOPLE, PUBLISHED BY THE LOGAN COUNTY HISTORICAL SOCIETY; EARLY HARRISON COUNTY (MISSOURI), PUBLISHED BY THE HISTORICAL SOCIETY; THE NATIONAL PARKS SERVICE CIVIL WAR ONLINE DATABASE; THE CIVIL WAR SOLDIERS OF TENNESSEE ONLINE DATABASE; AND FAMILY INFORMATION FROM THE DESCENDANTS OF ZOPHER FOSTER; ROBERT FOSTER JUNIOR; JOHN JACKSON FOSTER; NANCY FOSTER FOSHEE; AND OTHER JOHNS(T)ON AND BROWN FAMILY RESEARCHERS.

On 11-10-1802, Robert Foster (Senior) and “Marsy” (Mercy) Johns(t)on were married in Greene County, Tennessee, bond by Phillip Stout.  Robert Foster (Senior) was born c. 1780, possibly in Virginia.  He arrived in Greene County about 1800.  

Mercy (Martha) Johnston was the daughter of Revolutionary War Soldier, Zopher Johns(t)on Senior who may be buried at Kidwell Cemetery.  Mercy was born about 1782 in Frederic County, VA and came to Greene County with her parents in 1790.  Mercy’s name has been alternatively shown as “Marsy” on her wedding license.  The “legal” name used in the 1833 Estate settlement of her husband and in her own Estate settlement in 1850 was that of Mercy.  However, the name of “Mercy” could also be an alternative spelling of the nickname “Marsy”.   In historical books for Harrison County, Missouri one of her sons gave her name as Mercy, yet in another publication, her name was given as Martha.  Because the name of “Mercy” did not pass down through the generations, and the name of “Martha” did, it would seem her name was probably Martha, and “Marsy” and “Mercy” were nicknames.  Five of her sons and her one confirmed daughter, all named a daughter “Martha”.

After their marriage, Robert and Mercy Foster lived next to Mercy’s father, Zopher Johnston Senior, on a 50 acre farm in District 12 near Baileyton Road.   During the period of 10-14-1813 to 2-8-1814, Robert served as a Private in the War of 1812 in Captain Robert Maloney’s Company.  Robert Foster received $30.70 for his three months of service. 

After 28 years of marriage, the 1830 Census of Robert and Mercy Foster’s household included six sons and three daughters.  Their oldest child, Zopher Foster, had married in 1826 and was residing in his separate household.  By 1840, Mercy is a widow with three males and two females in her household.  One of the females is under five years of age.  Because Robert died in 1833, this child would not be a daughter (or the age range in the census is incorrect, which often occurred).

Robert Foster died sometime before August 9, 1833, the date of his Estate Inventory which was valued at $117.89 ½ cents.  Included in Robert’s Estate were shoemaker and coopering tools.  Robert’s wife, Mercy, was the Executrix.  Mercy died before April of 1850, the date of her own Estate Inventory which was valued at $25.94.  Most of Mercy’s children purchased items from her Estate.    It is not known where Robert and Mercy (Martha) Foster are buried; however, it is most likely they are buried at either Kidwell Cemetery where Mercy’s father may be buried, or in the Old Cooper Burial Ground on Spider Stine Road.

Seven children of Robert and Mercy Johnston Foster are named in a land deed dated 11-26-1845, when  “… the only children and heirs at law…” of Robert Foster sold their portion of their Father’s land to their brother, Joseph A. Foster.  The two, 25 acre parcels of land were located on the south side of the Roaring Fork of Lick Creek.  Two of the Foster sons subsequently migrated into northern Missouri, settling primarily in Harrison County.  The eldest son, Zopher Foster, went to Arkansas.  Two sons, Moses and Joseph A. Foster, and a daughter, Nancy Foster Foshee, remained in Greene County, Tennessee. 

Seven of Robert and Mercy’s children can be positively identified in the 1845 land deed; however, nine children were in their 1830 household.  This appears to indicate there were more children than who were named in the land transfer.  Corroboration of nine children is documented in an article written c. 1885 by Robert and Mercy’s grandson for a historical book of Harrison County, Missouri. 

Robert and Mercy’s seven known children include:

1.  Zopher, born 10-25-1803.  Zopher was the first born child, and he was named after Mercy’s father, Zopher Johnston Sr.  On 2-7-1826, Zopher Foster married Margaret “Peggy” McCurry, the daughter of James and Jamima Russell McCurry.  Zopher and Peggy Foster migrated to Arkansas by 1860.  They had nine children.  For further information, please refer to the Zopher and Peggy McCurry Foster Family.

2.  Robert (Jr.), born c. 1810.  Robert Junior first married on 6-30-1830 to Sally Willis.  She apparently died very young, and they had no (known) children.  On 9-25-1846 Robert Jr. remarried to Elizabeth Morgan.  In 1851, they migrated to Harrison County, Missouri.  Robert Jr. and Elizabeth had only two children:  (1) Ephraim born c. 1847 and (2) John born c. 1849.  For further information, please refer to the Robert (Jr.) and Elizabeth Morgan Foster Family.

3.  Nancy, born c. 1810.  In the 1845 land deed, Nancy is identified as the wife of John “Foshea”.  Nancy and John married on 11-7-1833.   John and Nancy Foster Foshee remained in Greene County.   John Foshee served as a Private, Company B, 8^th Regiment East Tennessee Infantry.  Nancy Foster Foshee died in 1856, shortly after the birth of her eighth child.  For further information, please refer to the John and Nancy Foster Foshee Family of Greene County, TN.

4.  John Jackson, born 4-10-1815.  John J. was first married to Sarah Hankins on 12-29-1837.  No children are known from this marriage.  On 3-13-1841, John J. remarried to Mary Jane Maloney, born c. 1816.  Mary Jane was the daughter of Hugh and Susanna Conway Maloney.   For further information on the Maloney Family, please refer to the John Maloney Family of Greene County, TN.   John Foster is in the 1850 District 12 Tax List owning a 200 acre farm.  In September of 1850, John sold 103 acres to his Uncle, Zopher Johnston Junior.  John and Mary Jane migrated to Missouri in 1851 with John’s brother, Robert.  John and Mary Jane Maloney Foster had ten children.  For further information, please refer to the John Jackson and Mary Jane Maloney Family.  

5.  Moses, born c. 1818.  On 10-25-1838, Moses married Rachael Cox, a daughter of Eliakim and Nancy Long Graham Cox.  Moses’ brother, Joseph A. Foster (#6, below), married Rachael Cox’s sister, Mariah.  Their children were double first cousins, and both of these families remained in Greene County.   For further information on the Cox Family, please refer to the Eliakim and Nancy Long Graham Cox Family of Greene County, TN.  Moses Foster served in the Civil War, 8^th Regiment Tennessee Infantry.   Moses and Rachael Cox Foster had ten children.  For further information, please refer to the Moses and Rachael Cox Family of Greene County, TN.  

6.  Joseph A., born 1-28-1820.   On 5-11-1843, Joseph married Mariah Cox.  Mariah, born 9-8-1824, was the daughter of Eliakim and Nancy Long Cox.  In 1845, Joseph purchased his siblings’ share of his parents’ 50 acre farm in District 12.  Joseph A. Foster is shown in the District 12 annual tax lists up through 1852 with 50 acres of land.  Joseph Foster served during the Civil War as a Private in the 4^th Tennessee Infantry Company A.   Mariah Cox Foster died after the 1880 Census.  Joseph A. “Doc” Foster died 1-2-1881.  Joseph A. and Mariah Cox Foster had ten children.  For further information, please refer to the Joseph A. and Mariah Cox Foster Family of Greene County, TN. 

7.  William A.  No information is available on William.  He is not in the Greene County marriages, nor does he appear in the Census.  There is a William A. Foster who served during the Civil War as a Private in 3^rd Tennessee Mounted Infantry, Company A.  He may or may not be William A. Foster, the son of Robert and Mercy Johnston Foster.

Although only seven children are named as “…children and heirs at law” in the 1845 land deed, there appear to be two and possibly three additional children who were not named for an unknown reason.  The 1840 Census indicates these children were daughters.  These daughters cannot be definitively identified, although there is strong, secondary evidence to suggest their names were Martha, born on 2-24-1827, who married John Jackson Johnson; Elizabeth, born c. 1816, who married William Cox; and/or Mary, born c. 1812, who married Elias M. Delaschmit.   All of these people have a recurring relationship with the Foster and Johns(t)on families of Greene County, Tennessee: 

8.  Martha, born 2-24-1827.  In the 1850 Greene County census, Martha, age 21, is living in the household of John Jackson Foster (child #4).  In the 1840 Census, Robert Foster (Sr.)’s widow, Mercy, had two females in her 1840 household, one age 0-4 and one age 10-15.  The older daughter born between 1825-1830 is consistent with Martha’s birth year.   Further substantiation comes from Mercy’s Estate settlement in 1850.  Most of her sons purchased items from her Estate, and so, too, did a Martha Foster.  Four days after the 1850 census enumeration, Martha P. (Pearlina) Foster married John (Jackson) Johnson Jr. on 9-24-1850.  John Johnson Jr. was the son of John Johnston Sr., who was a brother of Mercy Johnston Foster.    John (Jackson) Johnson Jr. and his wife, Martha Pearlina Foster, settled in northern Missouri close to Robert Foster Jr. (child #2) and John Jackson Foster (child #4).  John and Martha Foster Johnson are in the 1860 Census of Harrison County, Missouri.  The evidence seems to be compelling that Martha was a daughter of Robert Foster Sr. and his wife, Mercy Johnston Foster.  Why Martha was not named in the 1845 land transfer to Joseph A. Foster (child #6) is not known. John Jackson and Martha Foster Johnson had eight children. For further information, please refer to The Family of John Jackson and Martha Pearlina Foster Johnson Family of Greene County, TN.

9.  POSSIBLY Elizabeth, born c. 1816.  Elizabeth Foster married William Cox in Greene County on 1-4-1836.   William Cox may be a son of William Cox Senior and his wife, Mary Gass Cox, who married in Greene County in 1797.  Joseph Foster (child #6) married Mariah Cox and Moses Foster (child # 5) married Rachael Cox, both daughters of Eliakim and Nancy Long Cox.  Eliakim Cox and William Cox Senior were brothers.  Two of Mercy Johnston Foster’s nephews, James and Riley Johnson, also married into the Cox family.  Strong argument can be made that Elizabeth Foster is the ninth child of Robert and Mercy Johnston Foster.  William and Elizabeth Foster Cox did not remain in Greene County.  They are not in the 1840 or 1850 Census. They possible removed to Hawkins County after their marriage, where William Cox Senior and his wife, Mary Gass Cox, resided.  For more information, please refer to The Family of Matthew and Nancy Smith Cox of Greene County, TN.

AND/OR:

9.  POSSIBLY Mary, born c. 1812, is another possible “candidate” for the 9^th child of Robert and Mercy Johnston Foster.  Mary married Elias M. Delaschmit on 9-7-1832.  Michael/Mitchell Delaschmit was the bondsman for the 1809 wedding of Mercy Johnston Foster’s brother, John Johnston.  The Delaschmit family was also a District 12 neighbor, and this Delaschmit Family acted as Bondsmen for the closely intermarried Johnson/Cox Family.  Elias M. and Mary Foster Delaschmit are found in the 1840 Greene County census with three young daughters under the age of ten.  The family is no longer in Greene County by the 1850 census.

The 1830 household of Robert and Mercy Foster indicates that one of their daughters was age 15-20 and one was age 20-30.  One of these daughters is Nancy Foster Foshea (child #3) who married in 1833.  The other would likely be either Elizabeth or Mary.

10.  Possibly an unknown son.  Robert and Mercy Johnston Foster possibly had a tenth child.  The 1830 Census indicates six sons were in their household.  Their oldest son, Zopher Foster, was married in 1826, and he is listed separately in the 1830 Census.  This would indicate Robert and Mercy Johnston Foster possibly had seven sons, one of whom died before the 1845 Land Transfer.  This son’s name is not known.

ESTATE INVENTORY OF ROBERT FOSTER
OCTOBER 28, 1833.  MIN. 17 PAGE 260

AS TRANSCRIBED BY THE W.P.A. FROM THE GREENE COUNTY COURT RECORDS.

COMMENT:  A WILL BY ROBERT FOSTER HAS NOT BEEN FOUND; HOWEVER, ROBERT’S EXECUTOR WAS HIS WIFE, MERCY (JOHNSTON) FOSTER.  THE INVENTORY OF ROBERT’S ESTATE WENT BEFORE THE GREENE COUNTY, TENNESSEE COURTS ON OCTOBER 28, 1833 AND IS TRANSCRIBED BELOW.  SPELLING AND PUNCTUATION ARE UNCHANGED.

“Inventory of the personal property of Robert Foster deceased August 9th 1933.  Five Tubs, one Table, one churn, Four (??) head of sheep and a bell.  Six split bottom chairs, one bedstead bed & furniture, one pail, a few Books & some Cupboard furniture, two slates, one razor and Coffee Mill, one bedstead & bed & furniture, one little wheel & one rifle Gun, one looking glass & a few castings one Set of shoemakers Tools, Some Coopering Tools an one Iron Wedge, one pair of farming Gears, & part of another pair, some timber for Truckle Wheels, one scythe & cradle, two saddles, one chest, one heifer & one Calf, one yoke of oxen & yoke One truckle waggon, & one pot one flax hackle & one falling ax, one Mare & colt, one filly, seventeen head of geese, one sickle, one chisel, & one Wearing Slay, twenty three head of hogs, a small quantity of Wool & cards and one shovel plow & I proceed to sell the above named articles, and sold them on the ninth day of August 1833 to different purchasers for one hundred & seventeen dollars & eighty nine cents & a half $117.89 ½.

                                                                                    Mercy Foster Admx. of

                                                                                    R. Foster decd.”

COMMENT:  The assets in the Estate of Robert Foster tell us several important things about the Family.  Firstly, of significant importance, was that Robert Foster was literate because he owned “some books”.  His Estate also tells us he was a farmer, as well as possibly being a shoemaker and a cooper.  Mercy’s family, the Johns(t)ons, were also coopers and farmers by profession.

“The following is an account of Sales of the personal estate of Mercy Foster decd

“State of Tennessee
Greene County

County Court Clerks Office.  Oct 10th 1851

Report of Settlement and pro rata distribution of the Insolvent Estate of Mercy Foster, decd

DR The Administrator

Geo. W. Forte, Clerk”

1845 FOSTER DEED NAMING HEIRS OF
ROBERT FOSTER (SR)

TRANSCRIPTION BY SUSAN WISE:

Greene County Deeds Vol. 25 (Sept. 1851 - Dec 1854) pages 555-556 

“State of Tennessee

Whereas, Zopher Foster, Joseph Foster, Robert Foster (Jr.), John Foster, Nancy Foster, who has intermarried with John Foshea, Moses Foster and William Foster, are the only children and heirs at law of Robert Foster Sr. late of the County of Greene and of Tennessee, dec'd and are thereby entitled by descent from their said father to the two following described tracts of land situate in the County and State of aforesaid, on the south side of the Roaring fork of Lick Creek.  The first contains twenty five acres, adjoining the lands of John Gass, Zopher Johnson, Joshua Kidwell and John Hardin and bounded according to the Grant from the State aforesaid to the said Robert Foster dec'd of No. 24277 and dated 11th Nov 1841.  The second tract contains twenty five acres, adjoining the first tract John Gass Sr. John Gass of Jas. and John Kidwell and bounded according to the Grant from said State to the said Robert Foster dec'd to which two several Grants, reference is to be had for the lines, buts, bounds and Calls of said tracts of land---And Whereas, the said Zopher Foster for the consideration of ten dollars, William Foster for the consideration of ten dollars, John Foster for the consideration of ten dollars John Foshea his wife for the consideration of twelve dollars, and Moses Foster for the consideration of twenty five dollars to them respectively paid by the said Joseph Foster, have bargained and sold, and, and do hereby transfer and Convey all their respective rights, titles and interest, in and to said lands to the said Joseph Foster and his heirs  To Have and to hold the same to the said Joseph Foster his heirs and assigns forever and __(??)___ covenant and agree for ourselves, our heirs and representatives to warrant and defend the title to our interests in said two tracts of land against any claim to be made by us respectively, or any person or persons claiming through or under us, but no further to the said Joseph foster, Witness our hands and seals, the 26th day of November 1845.

Signed, sealed and delivered in our presence upon the date

Zopher Foster (seal)
John (his X mark) Foshea (seal)
Jacob Hardin
Nancy (her X mark) Foshea (seal)
John Kidwell
Moses Foster (seal)
John Foster
Wm. A. Foster (seal)
R. M. Johnson
John Foster (seal)
W. M. N. Foster
Samuel Long
Jacob Hardin
John Kidwell

State of Tennessee Personally appeared before me George W. Foute Greene County Clerk of the County Court of said County the written named Moses Foster on the 12th day of February 1849 and John Foster on the 25th day of September 1849. two of the bargainors with whom I am personally acquainted and who acknowledged that they executed the within deed for the purpose therein contained. _And on the 6th day of March 1848 Jacob Hardin and John Kidwell subscribing witnesses to the within deed, also personally appeared before me who after being first Sworn depose and say that they are acquainted with Zopher Foster and William A. Foster bargainors, and that they signed sealed and delivered the same in their presence on the day it bears date_ And also in the 8th of March 1848.  R. M. Johnson one of the subscribing Witnesses to the within Deed personally appeared before me, who being first sworn, depose and says that he is acquainted with John Foshea and Nancy Foshea the other bargainors, and that they signed sealed and delivered the before mentioned Deed in his presence on the day it bears dates

Geo W. Foute, Clk.

State of Tennessee

Greene County To John Saylor: Esquire, you are hereby authorized and empowered to take the examination of Nancy Foshea, privately and apart from her husband, relative to her free execution of the within Deed, and the same so taken certify under your hand and seal.

Witness George W. Foute. Cleark of the County Court of Greene County, at office, the 11th day of October 1850.

Geo W. Foute. Clk.

State of Tennessee
Greene County

Nancy Foshea, having personally appeared before me, and having by virtue of the authority in me vested, been examined privately and apart from her husband John Foshea and she having acknowledged the due execution of the within Deed by her freely, voluntarily with compulsion, constraint or coercion, by her said husband the same is therefore certified.

Witness my hand and seal this
23rd day of December 1850

John Saylor (seal)
J.P. for G.C.

State of Tennessee
Greene County  This deed rec'd. 2 oclock P.M. of the 4th day of April 1853. Registered in Book No. 25 page 555 and  in Book 1 page 208.

Thos. Lane RGC”

COMMENT:       The signatures of Mercy’s sons confirm that the Foster family was literate at this early

date.  Mercy’s son-in-law, John Foshea, signed with his “mark”.

Co-authored with Susan Wise, SUSANWISE4128@AOL.COM

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