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Fleming SHIVER
(1790/1800-1833)

The following information was provided by Lyrice Shiver McCranie and Farrell C. Shiver.

Fleming Shiver was born between about 1800, probably in South Carolina. His parents are unknown at this time, but it is felt that perhaps he is the son of Jacob and Darcus SHIVER.

He was married to Elizabeth CALHOUN abt. 1817. To this marriage was born 5 children:

  1. John, b. 29 Sep 1819, d. 13 Jan 1899. (Married Mary SHIVER).   
  2. Henry Fleming, b. abt. 1824. (Married Dorcas SHIVER).
  3. Henrietta "Hetty", b. abt. 1826. (Married John A. DANIEL).
  4. Enoch "Nick", b. 17 Jan 1827, d. 18 Nov 1897. (Married Nancy A. Caroline TURNER).
  5. Elizabeth Jane.

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Fleming was living in 1830 in Houston County, Georgia as shown in the census:

1830 Federal Census of Houston County, Georgia
Page #281
Head of Household: Fleming SHIVER.
Free White Males: 1 - Under 5; 1 - 5-10; 1 - 10-15; 1 - 30-40;
Free White Females: 1 - Under 5; 1 - 5-10; 1 - 30-40.

It is to be wondered what type of affliction eventually led to Fleming's death, but he was ill enough in his early thirties to write a will. On 19 Feb 1833, this will was recorded in Houston 4 County, Georgia Will Book A, pages 82-85:

Will of Fleming Shiver: The last will and testament of Flemin in own propper mind and senses doth leave his property in this way, my wife, Elizabeth Shiver to have four of the choise cows and their calf out of my stock of cattle what is living in the spring. When collected my children to pick out their choise if thay should not like such is call theirs and if two of them should make choise one of stock then the men who I leave my business with to divide for them my lot of hogs which I call my Dooly Hogs to be sold this spring terms to be twelve months credit good and sufficient security also my cattle sold on the same terms only such as I have willed off to my family, my stock of sheep this spring at sheering time for the three men to say how many my family will require for their use and the balance to be sold. My two negroes, namely, Edny and Bob to belong to my wife, Elizabeth Shiver during her widowhood, then said negroes to be taken away and hired out until my youngest heir becomes of age, then the negroes to be sold and the money arising from the sale of said negroes to be equally divided amongst my children. My wife to have the plantation during her widowhood and my familly, then my plantation to be sold and the money arising from the sale to be equally divided amongst my children when my youngest becomes of age. My mare and colt to be kept on the plantation for the use of my wife and family and then the mare and her increase to be sold and the young horses, also then the money arising from the sale to be equally divided amongst my children when the youngest is of age, this to be kept during my wife's widowhood, my home hogs to belong to the use of my family, my corn to be adjudged by the three men this spring and enough be left for use of the family until the make a crop the balance to be sold, this with a credit of twelve months, my saddle and gear to be sold with a credit of twelve months. My wife to have a good side saddle bought when this sale is __________. My children to have a common education, my boys when they are eighteen years of age for them to have a reasonable good horse bought for them. If the Old Mare should raise any colts for them to have of them. A colt by name "My Mother" to be sold this spring come year with a credit of twelve months. if John C. Calhoun should come back the three men to say what he should have for his services and pay him after the crop is made and gathered, oxen and cart to belong to use of my family, my wife to have sugar and coffee enough for the use of the family this year. My two oldest sons to have common suits of clothing bought for them. These three men to pay all debts & keep a good account of all notes and accounts. Don't pay Doctor Monroe until he gets it by Law, but two dollars. I want my wife to keep the money now in my house except there should be enough out of my notes & accounts to pay present debts. I want the three men to collect all my notes due next January - lend out the money to the best advantage and if my wife needs help I want her hope. These three named men, I want to be my Administrators and Managers in full.
              Joseph Calhoun
              Enoch Shiver
              Manning Shiver
This the 19th February 1833
              Flemin (his X mark) Shiver
Test:
William Farnell
John Farnell

Fleming died sometime between 19 Feb 1833 and 6 May 1833, as his will was proven at that Inferior Court session:

In the Houston County Inferior Court Sitting for Ordinary Purposes - May Term 1833
     In open Court came William Farnell and John Farnell who being duly sworn say on oath that they saw Flemin Shiver sign and publish the foregoing writing as his last will and testament that he was then of sound and disposing mind and memory and that he did it without compulsion and also that they both signed said will and testament as witnesses.
                William Farnell
Sworn to & subscribed in open
Court - May 6th 1833 John Farnell
     Chas. H. Rice, Clerk, C.O.
     Houston County

In Houston Superior Court Sitting for Ordinary Purposes - May Term 1833
     I, Manning Shiver do solemnly swear that the within writing contains the true last will of the within named Flemin Shiver, deceased as far as I know or believe and that I will well and truly execute the same by paying first all the debts and then the legacies contained in the will as far as his goods and chattels will extend and the law chartge me and that I will make a true and perfect inventory of all such goods and chattels, So help me God.
                Manning (his X mark) Shiver
Sworn to & subscribed in open
Court - May 6th 1833
     Chas. H. Rice, Clk. C.O.
     Houston County
     I, Enoch Shiver do solemnly swear that the within writing contains the true last will of the within named Flemin Shiver, deceased, so far as I know or believe and that I will well and truly execute the same by paying first the debts and then the legacies contained in the said will as far as his will, make a true and perfect inventory of all such goods and chattels, So help me God.
                Enoch (his X mark) Shiver
Sworn to & subscribed in open
Court - November 4th 1833
     Chas. H. Rice, C.C.O.
     H.C.

This will, and its subsequent probate, as well as the names of Fleming's sons lead me to believe that Fleming, Enoch and Manning were siblings. Enoch and Manning were both chosen as executors of Fleming's estate, and from what can be seen in the court records, they weren't very good at it! John Arden Shiver sent me the following out of the court records in Houston County:

Court ordered that Manning Shiver and Enoch Shiver, executors of last will and testament of Fleming Shiver, dec., who qualified on May 6 1833 and 4 Nov 1833 respectively, to appear at next court to answer charges why they should not be dismissed from said executorship for reason of mismanagement. Specifically, the deceased possessed two slaves, horses, hogs, other personal estate, and one tract or lot of land which said executors did not return same, except for an appraisement of one rifle gun, one man's saddle, one two year old steer and thirty one head of stock cattle.

6 Nov 1844: Enoch Shiver and Manning Shiver orphans of Fleming Shiver, dec., choose John A Daniel their bro-in-law to be their guardian. Bond set at $1,600 with Peter Daniel and Joseph Calhoun as security. John A Daniel, administrator de bonis non with will annexed on estate of Fleming Shiver, dec., granted leave to sell all perishable property of said estate. The widow of said deceased parted this life. Three legatees being of lawful age and in court and desirious of same and said administrator also being guardian of the two minor legatees being desirious of same. Said administrator was also authorized to sell the land of said estate after advertising such until the 1st Tuesday next.
[NOTE: I'm wondering if it actually said "Enoch and Manning" or "Enoch and Fleming", orphans of Fleming Shiver... I'm checking on that.]

If you can add any information to the above data or have any questions, please contact me. Thank you!

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