Disproving John Burton Truitt d. 1838 Missouri is the son of Peter Truitt d. 1790 Delaware

The inclusion of John Burton Truitt died 22 February 1838, Old Truitt Farm, Falls County, Missouri as the alleged son of Peter Truitt, Nanticoke Hundred, Sussex, Delaware is flawed. This error has been replicated across multiple on-line genealogy platforms. John Burton Truitt's identity is assembled from the identities of men, named John Truitt. Analysis, synthesis, deductive and inductive reasoning of evidence located in probate records for Peter Truitt, died 1790 and land deeds for his son John, support the assertion John Burton Truitt is not the son of Peter Truitt.

John Burton Truitt's middle name suggests a strong kinship connection between the Truitt and Burton families. Kinship connections were a defining feature of colonial society. Kin acted as witnesses to legal documents, bondsmen and guardian of decedents minor children. Kin migrated together and sponsored migration. "Conspicuously absent" among Peter Truitt's eleven children, named in his will, is a middle name or the mention of the Burton surname. In the court records of Delaware and Kentucky, John Truitt, son of Peter, is clearly identified and documented as John Truitt.

Online Trees allege, without evidence, John Burton Truitt was born 15 February 1771, Nanticoke Hundred, Sussex, Delaware. Searching FamilySearch using criteria "John Burton Truitt > Sussex, Delaware" returned a Nil result for birth and baptismal records, as well as vital record indexes created by archivists from early land, Chancery Court and probate records of Delaware.

John Burton Truitt's birth year of 1771 conflicts with the period of guardianship, 1790-1804 for John Truitt, son of Peter. Based on the period of guardianship, the birth-year for John Truitt is about 1780.

Online Trees allege John Burton Truitt married Nancy Ross, 1795, Delaware. Direct evidence a John Truitt married Nancy Ross is confirmed by deed of sale 1796, when the couple sell Nancy's one-eighth share in her father William's intestate lands to Gibson Ross. No Burton name is evident in this deed.

John Truitt a propertied minor in 1795, required the consent of his guardian Adam Short to marry. Moreover, the absence of the words "guardian" or "next friend" in deed Gibson Ross from John Truitt and wife, infers John Truitt, husband of Nancy is over the age of twenty-one years. Furthermore, while a minor could sell land, any contract made by the minor was unenforceable. A prudent purchaser could require the minor to reaffirm the sale upon reaching majority, twenty-one years. No deed reaffirming John Truitt's sale to Gibson Ross has been located. Since the law operated to protect propertied minors, the absence of the words "guardian" or "next friend" points to, two men of the same name, without a middle name, differentiated by their age.

Online Trees state John Burton Truitt married Amelia Gilbert, Fayette, Kentucky on 9 December 1802. A derivative Ancestry source confirms a marriage between Millie Gilbert and John Truitt. Online Trees state John Burton Truitt, son of John Burton Truitt was born 27 February 1806 in Lexington, Fayette, Kentucky. These events place John Burton Truitt in Fayette, Kentucky between 1802 and 1806.

On 18 August 1806, John Truitt, resident Scott county, Kentucky appeared before Samuel Shepherd and John Thompson, Justices of the Peace to affirm a power of attorney for Jacob Coverdale of Sussex, Delaware to convey to James Truitt of Scott, Kentucky "the land left to me by the last will and testament of my father Peter Truitt decd". While the power of attorney and subsequent deed of sale shows no wife relinquishing her dower interest in the land, a prudent purchaser would not accept a deed without a release by the wife, because, if the wife survived her husband, she could claim her one-third share from the new owner of the land. Consequently, it is not illogical to assume that John Truitt was not married in 1806.

The identity of John Truitt and relationship to his father Peter can be established through probate records and land deeds however there are conflicts with the allegation that John Burton Truitt born 1771 is the son of Peter Truitt.


© This is an original and creative work of authorship fixed in a tangible medium of expression. Citation: Sarah Baird, “Verifying the identity of John Truitt son of Peter Truitt", December 2022.

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