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William Barnett “Barney” Forsyth

Birth
Orange County, North Carolina, USA
Death
1865 (aged 74–75)
Benton County, Arkansas, USA
Burial
Benton County, Arkansas, USA Add to Map
Memorial ID
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William Barnett Forsyth was born November 19, 1790 in Orange County, N.C. to William Barnett Sr. and Mary Brady Forsyth.

William Barnett married Sarah Phillips Glosson February 2, 1816 in Orange County, N.C.

To this marriage William Barnett and Sarah Phillips Glosson Forsyth had 10 children: Nancy Forsyth (Dean), Mary Ann Forsyth (Arnold, Marshall), William Henry Forsyth, Hariett Angelina Forsyth (Pace), Martha Elizabeth Forsyth (Maxwell), Mark Martin Forsyth, Sarah Phillips Forsyth (Miser, Lynch, Hart), Benjamin Bryant Forsyth, Robert Alexander Forsyth, Jones Bailey Forsyth.

WILLIAM BARNETT FORSYTH, JR. & SARAH GLOSSON FORSYTH:
(from "The Dean Family," by Gloria Borgsmiller & Lucy Kehmeier)

William Barnett Forsyth was b 19 Nov 1790 in Orange, NC and d 1866 in Sugar Creek, Benton County, AR. His parents were Dr. William Barnett Forsyth Sr. 1758-1819 and Mary Brady 1763- On 2 Feb 1816 he married Sarah Phillips Glosson in Orange, NC. (Source: NC Marriage Bonds 1741-1868 # 000096825 Orange Co. Bondsman H Stroud Witness J Taylor—Family History Library Salt Lake City, UT.) Sarah was b 7 April 1794 in SC and d 1878. They were known as "Barney & Sally."

His occupation is listed as a farmer and he farmed over 2000 acres of prime farmland. In 1819 he sold his property in NC and moved to Franklin County, TN in the early 1820's. While still living in Orange, NC they had two daughters, Nancy b 16 Dec 1816 and Mary Ann b 1818.

A reason for moving to TN might be that his brother James was already living there. The deed records of Franklin County, TN indicate that Barnett Forsyth purchased one hundred twenty-five acres from William Martin for the sum of $800.00 on 21 Sept 1824.

Evidently, Barnett farmed the land, and he and Sarah continued to raise their family, as seven more children were born in Franklin County, TN

Alfred's father, John Deen, owned land that joined the Forsyth land.

An Indenture was made 3 March 1834 by Barnett Forsythe to Alfred Dean, his son-in- law one hundred acres and personal property; five slaves and other goods.

Barnett Forsyth is documented in the Franklin County records as being a witness to the will of John Gilliam on 17 Aug 1825 and a witness to the will of Mary Wilson on 5 March 1831; however, the last record we have of Barnett Forsyth in Franklin County, TN was recorded in the deed records of Franklin County, showing Barnett Forsyth selling fifty acres of land to William Stephenson for the sum of $800.00 in March 1832.

ACROSS THE MISSIPISSIPPI TO ARKANSAS
Apparently, the urge to go west in search of a better way of life led Barnett and some of his neighbors to Benton County, AR. In 1837 they moved from TN to AR by wagon train. Barnett Forsyth and many of his fellow TN neighbors banded together, formed a wagon train, and headed west toward the northwest Arkansas Territory. According to the early AR History, most of Benton County's original settlers came from Bedford, Bledsoe, Davidson, Franklin, Giles, Haywood, Lincoln, Rutherford, Hawkins, Hancock and Wilson Counties in Middle and Eastern Tennessee.

According to the Forsyth Family History, one of the original organizers of the Westward Movement from TN to the Northwest AR Territory was Barnett Forsyth. Some Forsyth-Forsythe family historians believe Barnett was one of the organizers of this wagon train because family records indicate he was chosen to be one of the leaders of this train.

The Forsyth Family Records of Sarah Phillips (Forsyth) (Miser) Hart, a daughter of Barnett Forsyth, indicates Barnett led the wagon train across the western TN wilderness to the land of AR. Sarah's records also indicate Barnett and his neighbors were forced to wait approximately six months before they were able to cross the mighty Mississippi River. According to Sarah's records, prior to their arrival at the mighty river, Barnett and his group had never seen the Mississippi, and because it was over a mile wide, they sent out scouts to search for a safe place to cross. The scouts were gone for several days. When they returned they reported the river was even wider upstream than it was at their present location.

Sarah also reports, Barnett and his neighbors then decided to make camp and stay for a few weeks while they searched for ways to cross the mighty Mississippi. While waiting, it is reported several men planted gardens and grew small crops of beans, onions and corn.

After several weeks, Barnett Forsyth and his neighbors decided it would be futile to try and cross the river, and shortly thereafter, some of his neighbors decided to return to their homes in TN. Barnett, however, persuaded the group to travel farther north where it was reported ferryboats were available for passage across the raging river.

The wagon train then headed north and finally when Barnett and his neighbors reached Dyersburg, TN they discovered a ferryboat was available to take them and their wagons safely across the Mississippi. One by one, the wagons crossed the Mississippi on the ferryboats and Barnett and his neighbors were once again on their way to the Northwest Arkansas Territory.

Searching for a better way of life this group including the Forsyth, Pace, Burnett, Maxwell, Patterson, Miser, Webb and Stroud families were recorded as some of the original pioneer families who migrated to early Benton County, AR.

Finally they arrived in Benton County, AR. They settled in Pea Ridge, AR and became one of the first merchants of the town.

IN ARKANSAS
The first record that confirms Barnett Forsythe as being in Benton County was a deed recorded in the county clerk's office on 21 Nov 1838. He also paid taxes on his land in 1838 meaning he had the land in 1837 to be taxed the next year.

Known all men by these presents that I Barnett Forsyth, surviving partner of William Forsyth deceased, have this day sold and delivered & my these presence do sell and deliver unto Gideon G. Pace, one negro girl called & known by the name of "Elvina" as the property of the aforesaid William Forsyth deceased, for the sum of seven hundred dollars to me the receipt of which is hereby acknowledge and I the said Barnett Forsyth do warrant & defend the right & title of said Negro "Elvina" for myself my Heirs, Executors or Administrators against the lawful claim or claims of any & all other persons unto the said Gideon G. Pace, his Heirs Executors or Administrators forever.

In witness whereof I have hereunto set my hand and seal this 19th day of November 1838.
Attest: Barnett Forsyth (l.S.)
J.H. Wallace Ex'tr
Joseph Dickson
Filed 19th day of November 1838, recorded the 21st day of Nov. 1838
Jno B. Dickson, clerk & Exofficio Recorder

The next record of the existence of Barnett Forsyth being in Benton County is recorded in the deed book of Benton County on page #31, Whereby Barnett Forsyth is listed as being a Commissioner, along with Robert Cowen and David McKissick, and selling lot #40 in the town of Bentonville for the sum of $50.00 on 30 May 1840.

While living in Benton County, Barnett and Sarah had one more child, a son Jones Bailey b 1838.

ALICE CONTRACTS TYPHOID
When his great granddaughter Martha Alice Forsyth contracted typhoid at two years of age "Barney" was summoned to her bedside. "Barney" administered several types of medication. "Barney" was a self-educated farmer and physician and during the Civil War was called upon to administer medication to many confederate troops in Benton County, AR. After contracting Typhoid fever, little Alice Forsyth lay near death for several days, however vowing to save his little granddaughter "Barney " refused to leave her bedside and continually administered medication in hopes of saving her life. During the ensuing days, in spite of "Barney's" knowledge of medicine, little Alice's condition further worsened and her family, then fearing she would surely die, began making plans for her impending death.

During this era, Alice's grandfather continually administered medication and herbs to little Alice and after approximately 10 days her condition improved slightly. After 3 weeks the fever disappeared and she was considered healed. Little Alice's recovery was considered a miracle.

MURDER OF SONS MARK & JONES
Sons Mark Martin and Jones Bailey were murdered in 1865 in the front yard of the old "Forsyth" family home in Benton County, AR, according to Forsyth family records. Mark and his brother Jones were murdered by 3 unknown assailants who had come to the old "Forsyth" family farm with the intentions of purchasing a horse. Mark and Jones were well known horse traders in early Benton County and often groups of men came to the farm to buy and sell horses. These assailants, like many men before them were considered to be legitimate customers; however, shortly after their arrival an argument erupted when one of the assailants accused Mark and Jones of trying to sell them a blind horse. For several minutes the argument ensued, however, realizing the assailants could not be satisfied Mark and Jones ordered them to leave their property.

After engaging in an unrelenting argument, Mark and Jones then escorted the assailants to the front gate of their property and there the argument resumed. After reaching the front gate the argument suddenly ceased, however, two of the assailants then drew their pistols and shot Mark and Jones dead, Mark, receiving a wound to the forehead, and Jones receiving one to his upper torso. According to Jones' widow when the gunfire erupted she grabbed her infant son and fearing for their safety she and her son then crawled beneath the bed and hid there for several hours. While lying under the bed Jones' widow heard the assailants as they loaded all of Mark and Jones' saddles, bridles and equipment into Mark's old family wagon and she also heard them as they rounded up several head of horses and headed off toward the Missouri border.

The culprits who murdered Alice's father and uncle were never identified nor apprehended for this heinous crime and their deaths were similar to many other deaths in early Benton County, AR. At first their deaths were thought to have been the work of carpetbaggers, however, later records prove they were simply a roving band of bushwhackers who often came down from the Missouri breaks and after assessing the value of these citizen's property murdered the citizens and returned to Missouri taking all the citizens valuable property with them.

ESTATE DISPUTE
Helping Niece Receive Inheritance. "Barney's" surviving children quickly became embroiled in a family dispute concerning the disposition of their father's property and personal possessions. After several months of severe disagreements, the family members then petitioned the Benton County Probate Court and ask the court for an equitable disposition of "Barney's Estate."

The Benton County Chancery Court appointed "Barney's" son in law Henning Edmond "Henry" Pace to be the administrator of his estate. Family members objected because they feared Henning would not administrate the estate fairly. Several lawsuits were filed in an attempt to force Henning's withdrawal. None were successful so he was allowed to continue as the administrator of the estate.

Henning's first act as administrator was to omit Alice and her siblings as legitimate heirs to their deceased father's part of "Barney's" estate. Henning Pace was the husband of "Barney's" daughter Harriett Angelina Pace, and shortly after Henning petitioned the court requesting the children's omittance, Alice's parental Aunt Nancy Dean hired an attorney and challenged Henning's authority to omit these children. Alfred Dean initiated a lawsuit in the Benton Circuit Court against Henning Pace for recognition of the children's rights to share equally in their grandfather's estate. The lawsuit was originally filed in March 1866 and after several motions by the plaintiff, the defendant, and the court, the case was finally settled in favor of the minor children in Sept 1871. Alfred and Nancy Dean filed several lawsuits from March 1869 and ending in March 1871. According to pages 191 & 192 of Chancery Court Book "A," on Friday, 1 March

1869 Alfred Dean filed the original petition against Henning Pace, asking the Chancery court to intervene in this family dispute, and also petitioned the court to award these children their deceased father's fair share of "Barney's" estate.

Apparently Alfred and Henning became embroiled in a bitterly contested division of "Barney's" property because after filing the original petition, Alfred filed several additional petitions to the Chancery Court in Benton County, AR. The next petition, filed on Wed 10 March 1869 is recorded on pages 194 & 195 of Chancery Court Book "A," followed by another petition recorded on page 215 which was filed on Thursday, 18 March 1869. According to page 261 of Book "A" in the Chancery Court records, Alfred Dean filed a fourth petition in this case, followed on pages 281-283-284 whereby, on Wednesday, 14 Sept 1870, the court issued a decree, declaring the children of the deceased, Mark Martin Forsyth to be legally entitled to their father's fair share of "Barney's" estate. According to page 322 in Chancery Court Book "A," on Thursday, 16 March 1871, the Benton County Court issued a final declaration in this bitterly contested probate case declaring that each of "Barney's" heirs were to receive a one tenth part of the proceeds of his estate. This court decree apparently settled the matter, because thereafter no other lawsuits were filed against the estate of Nancy Dean's father, Barnett Forsyth.

Barnett and Sarah were listed in the 1840, 1850, & 1860 Benton County census. Barnett died intestate in late 1865 or early 1866 in Sugar Creek, Benton County, AR. He left no will. Discovered in the probate estate box #4 were the probate records of the estate proceedings of Barnett Forsythe's estate, naming all his rightful heirs that were survivors, and entitled to a share of his estate. It shows he owned approximately 400 acres in Benton County at the time of his death and that the probate court awarded his widow Sarah only forty acres as her share of the dower rights. This is a most valuable document, as it lists the names of Barnett's daughters and the families they married into.


After the death of her husband in late 1865 or early 1866 and the prior deaths of her two sons in 1865, Sarah, moved to Santa Rosa, Sonoma, CA. The 1870 US Census shows Sarah living with her daughter Sarah and husband Henry Miser.

CHILDREN
1. Nancy b Dec 16, 1816 in Orange County, NC; married Alfred Dean April, 1833 Franklin County, TN; moved to Benton County, AR, then to Wills Point, Van Zandt, TX in 1885.

2. Mary Ann b Jul 4, 1818 in Orange, NC; d Feb 1904 in Monett, Barry, MO. Married 1) Leviticus Hezekiah Arnold, (b 1812; d 1867) 1837 in Franklin County, TN. Married 2) James L Marshall (b 1815; d 1899) Jan 7, 1875 in Washburn, MO

3. William Henry was b June 1, 1820 in Upper Beans, Franklin, TN; d Oct 2, 1884 in Santa Rosa, Sonoma, CA. He married Caroline Hamilton Aug 25, 1840.

4. Harriett Angelina b March 2, 1822 Upper Beans, Franklin, TN; d Dec 15, 1866 in Rogers, Benton, AR. She married Henning Edmond Pace Aug 31, 1840 Benton County, AR.

5. Martha Elizabeth b Feb 14, 1825 Upper Beans, Franklin, TN; d 1846 Benton County, AR. Married David Purviance Maxwell 1842. *Buried Maxwell Farm, Benton County, AR.

6. Mark Martin b 1829 in Upper Beans, TN; d 1865 in Benton County, AR. He married Nancy Burnett 1851 Benton County, AR.

7. Sarah Phillips was b May 18, 1831 in Upper Beans, Franklin, TN; d Jan 4, 1926 in Santa Rosa, Sonoma, CA. She married 1) Henry Miser 2) James Lynch 3) David Baxter Hart.

8. Benjamin Bryant b 13 April 1833 in Upper Beans, TN; d Nov 7, 1922 in Santa Rosa, CA. He married 1) Margaret Melinda Clark 2) Sarah Montgomery Griggs .

According to Forsyth family records, Benjamin Bryant Forsyth, in 1851, traveled in an ox drawn covered wagon with his older sister and brother in law, Sarah Phillips Forsyth and Henry Clay Miser, from Benton County, Arkansas, to Sacramento, California. Benjamin was the son of William Barnett "Barney" Forsyth and after residing in Sacramento and Marin Counties, he then moved to Santa Rosa, Sonoma, California and there resided until his death at the age of 89 years, in 1922.

9. Robert Alexander b Feb 22, 1835 Upper Beans, TN; d Apr 12, 1916 in Santa Rosa, CA. He married Mary Ellen Cocke Feb 20, 1862.

10. Jones Bailey b 1838 in Sugar Creek, Benton, AR; d 1865 in Benton County, AR. He married Eliza Ann Eubank Cunningham December 19, 1858 Benton County, AR.

Source: Forsyth Family History by Milton L. Forsythe, additional research by James L. Forsythe Sr. and James L. Forsythe Jr.

Burial Source: Forsyth Family History by Milton L. Forsythe, additional research by James L Forsythe Jr.
According to Milton's research, burial might of been in the "Old Pace Chapel Cemetery" as it was one of many recorded cemeteries in Benton County, Arkansas. Washington and Carroll Counties, Arkansas. Beaver Lake was constructed in 1960, completed in 1961 on the White River. Washington, Carroll and Benton County cemeteries, the deceased in all known graves in these cemeteries were disinterred and reburied in other locations in their respective counties, however, "Barney" Forsyth nor his sons were recorded in any of these cemetery records. All burials in the "Old Pace Chapel Cemetery" were and other cemeteries were disinterred and reburied in the "New Pace Chapel Cemetery" east of Rodgers Township in Benton County, Arkansas. Because "Barney" Forsyth and his sons might of been buried in unmarked and unrecorded graves, the exact burial location may never be known. Other family members believe, "Barney" and his sons were probably buried in a small "Family Cemetery" on the Old "Barnett" Forsyth Family Farm in Benton County, Arkansas. Because there is no documentation to prove or disprove either of these theories, one is left to speculate where "Barney" and his two sons are buried.

Note: I, James L. Forsythe Jr. went to the Benton County Historical Society and looked at cemetery records of Benton County, Arkansas. No records were found indicating where "Barney", Mark Martin and Jones Bailey Forsyth are buried. I for one, believe that they are buried on the "Old Forsyth Family Farm."

There are no burial records for William Barnett Forsyth. It is said that William Barnett is buried on the old "Forsyth" family farm.
William Barnett Forsyth was born November 19, 1790 in Orange County, N.C. to William Barnett Sr. and Mary Brady Forsyth.

William Barnett married Sarah Phillips Glosson February 2, 1816 in Orange County, N.C.

To this marriage William Barnett and Sarah Phillips Glosson Forsyth had 10 children: Nancy Forsyth (Dean), Mary Ann Forsyth (Arnold, Marshall), William Henry Forsyth, Hariett Angelina Forsyth (Pace), Martha Elizabeth Forsyth (Maxwell), Mark Martin Forsyth, Sarah Phillips Forsyth (Miser, Lynch, Hart), Benjamin Bryant Forsyth, Robert Alexander Forsyth, Jones Bailey Forsyth.

WILLIAM BARNETT FORSYTH, JR. & SARAH GLOSSON FORSYTH:
(from "The Dean Family," by Gloria Borgsmiller & Lucy Kehmeier)

William Barnett Forsyth was b 19 Nov 1790 in Orange, NC and d 1866 in Sugar Creek, Benton County, AR. His parents were Dr. William Barnett Forsyth Sr. 1758-1819 and Mary Brady 1763- On 2 Feb 1816 he married Sarah Phillips Glosson in Orange, NC. (Source: NC Marriage Bonds 1741-1868 # 000096825 Orange Co. Bondsman H Stroud Witness J Taylor—Family History Library Salt Lake City, UT.) Sarah was b 7 April 1794 in SC and d 1878. They were known as "Barney & Sally."

His occupation is listed as a farmer and he farmed over 2000 acres of prime farmland. In 1819 he sold his property in NC and moved to Franklin County, TN in the early 1820's. While still living in Orange, NC they had two daughters, Nancy b 16 Dec 1816 and Mary Ann b 1818.

A reason for moving to TN might be that his brother James was already living there. The deed records of Franklin County, TN indicate that Barnett Forsyth purchased one hundred twenty-five acres from William Martin for the sum of $800.00 on 21 Sept 1824.

Evidently, Barnett farmed the land, and he and Sarah continued to raise their family, as seven more children were born in Franklin County, TN

Alfred's father, John Deen, owned land that joined the Forsyth land.

An Indenture was made 3 March 1834 by Barnett Forsythe to Alfred Dean, his son-in- law one hundred acres and personal property; five slaves and other goods.

Barnett Forsyth is documented in the Franklin County records as being a witness to the will of John Gilliam on 17 Aug 1825 and a witness to the will of Mary Wilson on 5 March 1831; however, the last record we have of Barnett Forsyth in Franklin County, TN was recorded in the deed records of Franklin County, showing Barnett Forsyth selling fifty acres of land to William Stephenson for the sum of $800.00 in March 1832.

ACROSS THE MISSIPISSIPPI TO ARKANSAS
Apparently, the urge to go west in search of a better way of life led Barnett and some of his neighbors to Benton County, AR. In 1837 they moved from TN to AR by wagon train. Barnett Forsyth and many of his fellow TN neighbors banded together, formed a wagon train, and headed west toward the northwest Arkansas Territory. According to the early AR History, most of Benton County's original settlers came from Bedford, Bledsoe, Davidson, Franklin, Giles, Haywood, Lincoln, Rutherford, Hawkins, Hancock and Wilson Counties in Middle and Eastern Tennessee.

According to the Forsyth Family History, one of the original organizers of the Westward Movement from TN to the Northwest AR Territory was Barnett Forsyth. Some Forsyth-Forsythe family historians believe Barnett was one of the organizers of this wagon train because family records indicate he was chosen to be one of the leaders of this train.

The Forsyth Family Records of Sarah Phillips (Forsyth) (Miser) Hart, a daughter of Barnett Forsyth, indicates Barnett led the wagon train across the western TN wilderness to the land of AR. Sarah's records also indicate Barnett and his neighbors were forced to wait approximately six months before they were able to cross the mighty Mississippi River. According to Sarah's records, prior to their arrival at the mighty river, Barnett and his group had never seen the Mississippi, and because it was over a mile wide, they sent out scouts to search for a safe place to cross. The scouts were gone for several days. When they returned they reported the river was even wider upstream than it was at their present location.

Sarah also reports, Barnett and his neighbors then decided to make camp and stay for a few weeks while they searched for ways to cross the mighty Mississippi. While waiting, it is reported several men planted gardens and grew small crops of beans, onions and corn.

After several weeks, Barnett Forsyth and his neighbors decided it would be futile to try and cross the river, and shortly thereafter, some of his neighbors decided to return to their homes in TN. Barnett, however, persuaded the group to travel farther north where it was reported ferryboats were available for passage across the raging river.

The wagon train then headed north and finally when Barnett and his neighbors reached Dyersburg, TN they discovered a ferryboat was available to take them and their wagons safely across the Mississippi. One by one, the wagons crossed the Mississippi on the ferryboats and Barnett and his neighbors were once again on their way to the Northwest Arkansas Territory.

Searching for a better way of life this group including the Forsyth, Pace, Burnett, Maxwell, Patterson, Miser, Webb and Stroud families were recorded as some of the original pioneer families who migrated to early Benton County, AR.

Finally they arrived in Benton County, AR. They settled in Pea Ridge, AR and became one of the first merchants of the town.

IN ARKANSAS
The first record that confirms Barnett Forsythe as being in Benton County was a deed recorded in the county clerk's office on 21 Nov 1838. He also paid taxes on his land in 1838 meaning he had the land in 1837 to be taxed the next year.

Known all men by these presents that I Barnett Forsyth, surviving partner of William Forsyth deceased, have this day sold and delivered & my these presence do sell and deliver unto Gideon G. Pace, one negro girl called & known by the name of "Elvina" as the property of the aforesaid William Forsyth deceased, for the sum of seven hundred dollars to me the receipt of which is hereby acknowledge and I the said Barnett Forsyth do warrant & defend the right & title of said Negro "Elvina" for myself my Heirs, Executors or Administrators against the lawful claim or claims of any & all other persons unto the said Gideon G. Pace, his Heirs Executors or Administrators forever.

In witness whereof I have hereunto set my hand and seal this 19th day of November 1838.
Attest: Barnett Forsyth (l.S.)
J.H. Wallace Ex'tr
Joseph Dickson
Filed 19th day of November 1838, recorded the 21st day of Nov. 1838
Jno B. Dickson, clerk & Exofficio Recorder

The next record of the existence of Barnett Forsyth being in Benton County is recorded in the deed book of Benton County on page #31, Whereby Barnett Forsyth is listed as being a Commissioner, along with Robert Cowen and David McKissick, and selling lot #40 in the town of Bentonville for the sum of $50.00 on 30 May 1840.

While living in Benton County, Barnett and Sarah had one more child, a son Jones Bailey b 1838.

ALICE CONTRACTS TYPHOID
When his great granddaughter Martha Alice Forsyth contracted typhoid at two years of age "Barney" was summoned to her bedside. "Barney" administered several types of medication. "Barney" was a self-educated farmer and physician and during the Civil War was called upon to administer medication to many confederate troops in Benton County, AR. After contracting Typhoid fever, little Alice Forsyth lay near death for several days, however vowing to save his little granddaughter "Barney " refused to leave her bedside and continually administered medication in hopes of saving her life. During the ensuing days, in spite of "Barney's" knowledge of medicine, little Alice's condition further worsened and her family, then fearing she would surely die, began making plans for her impending death.

During this era, Alice's grandfather continually administered medication and herbs to little Alice and after approximately 10 days her condition improved slightly. After 3 weeks the fever disappeared and she was considered healed. Little Alice's recovery was considered a miracle.

MURDER OF SONS MARK & JONES
Sons Mark Martin and Jones Bailey were murdered in 1865 in the front yard of the old "Forsyth" family home in Benton County, AR, according to Forsyth family records. Mark and his brother Jones were murdered by 3 unknown assailants who had come to the old "Forsyth" family farm with the intentions of purchasing a horse. Mark and Jones were well known horse traders in early Benton County and often groups of men came to the farm to buy and sell horses. These assailants, like many men before them were considered to be legitimate customers; however, shortly after their arrival an argument erupted when one of the assailants accused Mark and Jones of trying to sell them a blind horse. For several minutes the argument ensued, however, realizing the assailants could not be satisfied Mark and Jones ordered them to leave their property.

After engaging in an unrelenting argument, Mark and Jones then escorted the assailants to the front gate of their property and there the argument resumed. After reaching the front gate the argument suddenly ceased, however, two of the assailants then drew their pistols and shot Mark and Jones dead, Mark, receiving a wound to the forehead, and Jones receiving one to his upper torso. According to Jones' widow when the gunfire erupted she grabbed her infant son and fearing for their safety she and her son then crawled beneath the bed and hid there for several hours. While lying under the bed Jones' widow heard the assailants as they loaded all of Mark and Jones' saddles, bridles and equipment into Mark's old family wagon and she also heard them as they rounded up several head of horses and headed off toward the Missouri border.

The culprits who murdered Alice's father and uncle were never identified nor apprehended for this heinous crime and their deaths were similar to many other deaths in early Benton County, AR. At first their deaths were thought to have been the work of carpetbaggers, however, later records prove they were simply a roving band of bushwhackers who often came down from the Missouri breaks and after assessing the value of these citizen's property murdered the citizens and returned to Missouri taking all the citizens valuable property with them.

ESTATE DISPUTE
Helping Niece Receive Inheritance. "Barney's" surviving children quickly became embroiled in a family dispute concerning the disposition of their father's property and personal possessions. After several months of severe disagreements, the family members then petitioned the Benton County Probate Court and ask the court for an equitable disposition of "Barney's Estate."

The Benton County Chancery Court appointed "Barney's" son in law Henning Edmond "Henry" Pace to be the administrator of his estate. Family members objected because they feared Henning would not administrate the estate fairly. Several lawsuits were filed in an attempt to force Henning's withdrawal. None were successful so he was allowed to continue as the administrator of the estate.

Henning's first act as administrator was to omit Alice and her siblings as legitimate heirs to their deceased father's part of "Barney's" estate. Henning Pace was the husband of "Barney's" daughter Harriett Angelina Pace, and shortly after Henning petitioned the court requesting the children's omittance, Alice's parental Aunt Nancy Dean hired an attorney and challenged Henning's authority to omit these children. Alfred Dean initiated a lawsuit in the Benton Circuit Court against Henning Pace for recognition of the children's rights to share equally in their grandfather's estate. The lawsuit was originally filed in March 1866 and after several motions by the plaintiff, the defendant, and the court, the case was finally settled in favor of the minor children in Sept 1871. Alfred and Nancy Dean filed several lawsuits from March 1869 and ending in March 1871. According to pages 191 & 192 of Chancery Court Book "A," on Friday, 1 March

1869 Alfred Dean filed the original petition against Henning Pace, asking the Chancery court to intervene in this family dispute, and also petitioned the court to award these children their deceased father's fair share of "Barney's" estate.

Apparently Alfred and Henning became embroiled in a bitterly contested division of "Barney's" property because after filing the original petition, Alfred filed several additional petitions to the Chancery Court in Benton County, AR. The next petition, filed on Wed 10 March 1869 is recorded on pages 194 & 195 of Chancery Court Book "A," followed by another petition recorded on page 215 which was filed on Thursday, 18 March 1869. According to page 261 of Book "A" in the Chancery Court records, Alfred Dean filed a fourth petition in this case, followed on pages 281-283-284 whereby, on Wednesday, 14 Sept 1870, the court issued a decree, declaring the children of the deceased, Mark Martin Forsyth to be legally entitled to their father's fair share of "Barney's" estate. According to page 322 in Chancery Court Book "A," on Thursday, 16 March 1871, the Benton County Court issued a final declaration in this bitterly contested probate case declaring that each of "Barney's" heirs were to receive a one tenth part of the proceeds of his estate. This court decree apparently settled the matter, because thereafter no other lawsuits were filed against the estate of Nancy Dean's father, Barnett Forsyth.

Barnett and Sarah were listed in the 1840, 1850, & 1860 Benton County census. Barnett died intestate in late 1865 or early 1866 in Sugar Creek, Benton County, AR. He left no will. Discovered in the probate estate box #4 were the probate records of the estate proceedings of Barnett Forsythe's estate, naming all his rightful heirs that were survivors, and entitled to a share of his estate. It shows he owned approximately 400 acres in Benton County at the time of his death and that the probate court awarded his widow Sarah only forty acres as her share of the dower rights. This is a most valuable document, as it lists the names of Barnett's daughters and the families they married into.


After the death of her husband in late 1865 or early 1866 and the prior deaths of her two sons in 1865, Sarah, moved to Santa Rosa, Sonoma, CA. The 1870 US Census shows Sarah living with her daughter Sarah and husband Henry Miser.

CHILDREN
1. Nancy b Dec 16, 1816 in Orange County, NC; married Alfred Dean April, 1833 Franklin County, TN; moved to Benton County, AR, then to Wills Point, Van Zandt, TX in 1885.

2. Mary Ann b Jul 4, 1818 in Orange, NC; d Feb 1904 in Monett, Barry, MO. Married 1) Leviticus Hezekiah Arnold, (b 1812; d 1867) 1837 in Franklin County, TN. Married 2) James L Marshall (b 1815; d 1899) Jan 7, 1875 in Washburn, MO

3. William Henry was b June 1, 1820 in Upper Beans, Franklin, TN; d Oct 2, 1884 in Santa Rosa, Sonoma, CA. He married Caroline Hamilton Aug 25, 1840.

4. Harriett Angelina b March 2, 1822 Upper Beans, Franklin, TN; d Dec 15, 1866 in Rogers, Benton, AR. She married Henning Edmond Pace Aug 31, 1840 Benton County, AR.

5. Martha Elizabeth b Feb 14, 1825 Upper Beans, Franklin, TN; d 1846 Benton County, AR. Married David Purviance Maxwell 1842. *Buried Maxwell Farm, Benton County, AR.

6. Mark Martin b 1829 in Upper Beans, TN; d 1865 in Benton County, AR. He married Nancy Burnett 1851 Benton County, AR.

7. Sarah Phillips was b May 18, 1831 in Upper Beans, Franklin, TN; d Jan 4, 1926 in Santa Rosa, Sonoma, CA. She married 1) Henry Miser 2) James Lynch 3) David Baxter Hart.

8. Benjamin Bryant b 13 April 1833 in Upper Beans, TN; d Nov 7, 1922 in Santa Rosa, CA. He married 1) Margaret Melinda Clark 2) Sarah Montgomery Griggs .

According to Forsyth family records, Benjamin Bryant Forsyth, in 1851, traveled in an ox drawn covered wagon with his older sister and brother in law, Sarah Phillips Forsyth and Henry Clay Miser, from Benton County, Arkansas, to Sacramento, California. Benjamin was the son of William Barnett "Barney" Forsyth and after residing in Sacramento and Marin Counties, he then moved to Santa Rosa, Sonoma, California and there resided until his death at the age of 89 years, in 1922.

9. Robert Alexander b Feb 22, 1835 Upper Beans, TN; d Apr 12, 1916 in Santa Rosa, CA. He married Mary Ellen Cocke Feb 20, 1862.

10. Jones Bailey b 1838 in Sugar Creek, Benton, AR; d 1865 in Benton County, AR. He married Eliza Ann Eubank Cunningham December 19, 1858 Benton County, AR.

Source: Forsyth Family History by Milton L. Forsythe, additional research by James L. Forsythe Sr. and James L. Forsythe Jr.

Burial Source: Forsyth Family History by Milton L. Forsythe, additional research by James L Forsythe Jr.
According to Milton's research, burial might of been in the "Old Pace Chapel Cemetery" as it was one of many recorded cemeteries in Benton County, Arkansas. Washington and Carroll Counties, Arkansas. Beaver Lake was constructed in 1960, completed in 1961 on the White River. Washington, Carroll and Benton County cemeteries, the deceased in all known graves in these cemeteries were disinterred and reburied in other locations in their respective counties, however, "Barney" Forsyth nor his sons were recorded in any of these cemetery records. All burials in the "Old Pace Chapel Cemetery" were and other cemeteries were disinterred and reburied in the "New Pace Chapel Cemetery" east of Rodgers Township in Benton County, Arkansas. Because "Barney" Forsyth and his sons might of been buried in unmarked and unrecorded graves, the exact burial location may never be known. Other family members believe, "Barney" and his sons were probably buried in a small "Family Cemetery" on the Old "Barnett" Forsyth Family Farm in Benton County, Arkansas. Because there is no documentation to prove or disprove either of these theories, one is left to speculate where "Barney" and his two sons are buried.

Note: I, James L. Forsythe Jr. went to the Benton County Historical Society and looked at cemetery records of Benton County, Arkansas. No records were found indicating where "Barney", Mark Martin and Jones Bailey Forsyth are buried. I for one, believe that they are buried on the "Old Forsyth Family Farm."

There are no burial records for William Barnett Forsyth. It is said that William Barnett is buried on the old "Forsyth" family farm.

Gravesite Details

Not known where William Barnett "Barney" Forsyth is buried.



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