Tags
cherokee-indians, Etowah County Alabama History, native-americans, northeast-alabama-history, turkeytown
A reader commented on Richard Ratlif Sr’s death. This is on the Notable People, Richard Ratliff post. I stated he was on the Trail of Tears. I stated that he died in the Arkansas Territory. I stated that there was a will of Richard Ratliff Sr. The reader suggested that I follow the timeline and his “will” to get the correct information. The source cited is his “will” of 25 February 1833.
I reviewed my statements, and I indeed made a mistake. I stated that there was a “will”. After reviewing the documents, I was not able to find a “will”. There is a document that reads like a “will,” but it is not a “will”.
I have corrected my statement. I have added the source citation. I am posting the document here. Therefore, you, as readers, can decide if it is a will or not.
This may be sensitive to some. This deals with enslaved people. Sad portion of history. First information the reader who commented quoted. From the Find A Grave web site, it states that Richard Ratliff Sr died in 1835. It has the following information:
Probate: February 25, 1833, presented Will to Cherokee Court being “now advanced in age”.…. Last Will & Testament of Richard Ratliff, “now advanced in age”; gives to his daughter Jenny (wife of Daniel Griffin) these Negroes:Tonney & her children Haner, Joe, & Liby & all their increase; 2 children named Beckey & Peter; Negro woman Mary
Here is the document. It is transposed below. It is difficult to read.

Transposed copy of the above NARA Records of the Supreme Court of the Cherokee Nation.It has the same date as above Find A Grave document stating a “Will”.
Cherokee Nation in the chartered limits of Alabama February 25th 1833
To all whom it may
Concern Know ye by these presents that I RICHARD RATLIFF being now advanced in years and not knowing how soon the Great God whom I adore as my maker may call me out of this probationary State of existence on earth and more our being Sound by the blessings of providence in mind hav in consideration of the great love my daughter JINNEY the wife of DANIEL GRIFFIN JR has for me and in consideration of the equal affection that I entertain for her have thot proper to make this DEED OF GIFT to the Said JINEY &c and titles there of certain negroes to wit FANNEY and her children HANER, JOE and LILY and all ther in crease and PATTY and her Two children named BECKEY and PETER and negro woman named MARY which tittle and all right of mine appertaining I here by transfer and make over and interest to my daughter from this day in order that She may hold Keep and retain the Said negroes and their in crease free from all claims and I do moreover obligate mySelf to defend the Same to her the Said JINNEY her heirs and assigns from my Self my heirs an assigns and from all persons whom so ever done at the place and date above written in the presence of the under Signed as witness my hand and Seal
RICHARD RATLIFF {seal}. EDWARD FRY Witness
I do certify the above to be a true copy of the original
24th Oct 1833 CHARLES H. VANN Clerk Supreme Court Ch. Nat.
I added the emphasis. It does not state “Last Will and Testament”. It is not titled Last Will and Testament. It has the language of a “Will”. Yet, it is a statement of a gift to Jinny and Daniel Griffin Jr.
The slaves were stolen as Jenney and Daniel Griffin Jr. traveled to the Arkansas Territory. Then a court case as to the rightful owners took place. Depositions were taken.
Jenny filed a claim for payment of the loss in 1837. The transposed copy below. I am posting that before a deposition.



# 843 Claim of JANE GRIFFIN of Arkansas for $2210. [Since the claim was filed the claimant has departed this life and the Commissrs order the amount allowed be placed on the Register of Payments to the credit of the heirs of said claimant.]
The claimant JANE GRIFFIN on the 9th May 1837 made oath that the following property viz: one negro woman named PATSEY, one boy named PETER, one d(itt)o girl named BECKY, and one d(itt)o) woman MARY, and a fine mare, was forcibly taken from her husband in his life time by two white men named ROBERT WARE and HENRY L. SMITH, while her said husband and herself were on their way to Arkansas, which property was never recovered or paid for.
It appears by the proof filed in the case, that the negroes mentioned above are bequeathed to the said JANE GRIFFIN by her father RICHARD RATLIFF, that under a Deed of Gift from the said RATLIFF to the said JANE, her husband DANIEL GRIFFIN took the property into possession, and kept it until in the manner set forth. The time of the forcible dispossession was March 1834. It further appears that RACHEL RATLIFF, a granddaughter of the aforesaid RICHARD RATLIFF pretended at her deathbed to make a will bequeathing the negroes described which were not her property, and over which she had no control, to CATHARINE (a daughter of the said RACHEL) who afterwards married ISAAC BUSHYHEAD. Under this false bequeath m–l(?), ISAAC BUSHYHEAD the husband of the aforesaid CATHARINE, made a sale of the negroes to the aforesaid WARE and SMITH, and the said WARE & SMITH pursued GRIFFIN and his family while they were on their way to Arkansas, and with the assistance of two white men named CAREY, freed the negroes from the possession of the said GRIFFIN, and carried them off. Various attempts was made in the Courts of Justice to recover the property and some special proceedings on the subject took place, but they were wholly abutive(?) in redressing the wrong done to Griffin as the white men who were the opposing party in the suit, managed successfully to evade the execution of the orders of the Courts.
The case is clearly made out – 1st by a certified copy of the Deed of Gift from RICHARD RATLIFF to his daughter JANE; 2nd by the affidavit of RICHARD RATLIFF given at a subsequent period, and to support this claim acknowledging that he had executed the aforesaid Deed of Gift, and confirming it in all its particulars, 3rd by the affidavit of JAMES LASSLEY, an old, intelligent and highly respected Cherokee, who substantiates the facts set forth by the claimant JANE GRIFFIN, both in relation to the Deed of Gift, and the dispossession of the negroes; and 4th by a certified copy of a letter from Majr CURRY, then Superintendent of Cherokee Removals, dated March 21st 1836 addressed to the U.S. Dist Attorney at Savannah Geo. setting forth all the above stated facts.
The Cherokee Committee first referred the Claim to a select Committee which unanimously in favor of the justice of the claim, but suggested the reduction of $710 from the amount asked, which report was unanimously agreed to in Committee of the Whole. The Commissioner, after a careful examination of all the proofs confirm the judgment of the Committee and allow the claim (to be applied to the benefit of the heirs of the said JANE GRIFFIN in the trust for the sum of $1500.
Emphasis added. Notice in this legal document, it does not say Richard Ratliff, deceased. It also repeats that it is a “Deed of Gift” for the enslaved people.
In this deposition, Benjamin Pollard calls it a “Bill of Sale or Deed of Gift”.

Transposed, Emphasis added: Benjamin Pollard
St Clair Co Alabama Can prove possession in R Ratliff transfer from Ratliff to Daniel Griffin Edward Fray said county to Bill of Sale or Deed of Gift John Ridge writer Floyd Co Ga Ruben McCoy & wife resided at Ratliffs at the time Bushyheads mother in law is said to have aquired her till 20 year ago & now lives in Benton Co near St Clair co Wm Childress lives in St Clair Childresville Alabama coosa River Can prove possession fifteen year ago in Richard Ratliff Sr & transfer to Jinny the wife of Griffin
Benjamin Pollard is a neighbor of Richard Ratliff Sr. He was also involved in a mill project with John Ratliff, Richard Ratliff’s son.
Conclusion
Even with the language of a “Last Will and Testament,” this document is a”Deed of Gift”. In 1835 Richard Ratliff Sr is counted in the Henderson census (October 1835). In the 1837 claim above, Richard Ratliff is not listed as deceased. So it is very plausible that Richard Ratliff Sr on the Deas Detachment, who is over the age of 50, is this person. He is the only person in the list of that family. It is stated that he lives in Turkey Town. There are no other Richard Ratliff Sr in Turkey’s Town of that age. So you can decide if the document is a will or, as stated, a Deed of Gift. There is no document showing that Richard Ratliff Sr died in Turkey’s Town.
- NARA Washington, DC, Microfilm 574, Reel 51, Microfilm Frame, 966-983 Special File 184, From personal collection of Mike Wren ↩︎
- Approved Spoliation Claims [ #843 ] of the 1st Board of Cherokee Commissioners involving Jane Ratliff & her husband Daniel Griffin Jr. Copies of the pages from the Decision Book. NARA Washington, DC. Copies from Mike Wren’s collection. ↩︎
- NARA Washington, DC, Microfilm 574, Reel 51, Microfilm Frame, 951-916 Special File 184, Copies from mike Wren’s collection. ↩︎
Trust in the Lord with all your heart, and do not rely on your own understanding; in all your ways know him, and he will make your paths straight. Proverbs 3: 5-6 CSV






















































