Early Paternity Suits Explain Surname Conflicts?

 

Waiting for Court Date

When the Court Determines the Father, 1800's

Let's take a look at how our ancestors determined paternity using this 1807 Bedford, VA Chancery Court case of  David Thompson and  Hannah Ayers. This kind of case can explain why your y-DNA results failed you. We don't know to which surname a baby may be assigned. The baby could have been later adopted the surname of a step-father. But know that the baby's surname was not the purpose of the paternity suit. It's all about the financial burden that a baby out of wedlock can put on the community. Someone has to pay for its staples.

The Reason for the Paternity Suit
Paternity court records voided the need for romance and mystery novels in the 1800's. Court records told us all of their little secrets, their dalliances, their fights, their finances, and the financial burden that a "bastard" child put on a community? Hold on to your pearls, because the truth can be shocking!

Unmarried mother Hannah Ayers needed the child's biological father to pay for his support or the community to help. That's what they did back in (1807 -1808 Virginia and all of the states and territories!). The community fund from the townsmen or parish had a budget for the poor. The funding had to be approved, usually by a court order.

In this case, Hannah confessed that she could not afford her ill-gotten 'bastard' child." Her assertion was his biological father or the Parish feed and clothe him until he would be old enough to fend for himself (seemingly age seven (7). 

"...she the said Hannah Ayers was delivered of a male bastard child, and the said Bastard child is
likely to become chargeable, to the said County and that David Thompson, of the said County did get
her with of the said Bastard child."

Nothing gets the courts and community to become more proactive than allocating money for a child born out of wedlock. So the practice was to gather testimony, witnesses, circumstances, and character to determine a biological father. (DNA existed, but DNA analysis didn't). David's attorney did try to sway the court, but the court denied such questioning as "who else could be the father?"

"The Defendant's counsel wished to ask the witness Hannah Ayers after she had sworn that David Thompson was the father of the child if no other person had the opportunity of getting the said child, but the court would not permit the question to be asked..."

So in the end, David accepted paternal obligations for the child.

How Did This Happen?

The Paternity Suit, 1800

Well, we know Hannah didn't go dancing at a Taylor Swift concert so where are the details? Oh...let's just keep reading this 9-page court record because Hannah tells it here.

..."that at the time he got the child he lived in her father's house where also she resided, that she did not like him & that he had never cohabited with her but once and then by force and against her consent and threatened to kill her if ever she -- should mention it."

Proof? Witnesses?

So this sounds like she was accusing him of rape. But could it be proven?
Actually yes. There were at least two witnesses -not of the rape - but coming from David's braggadocious mouth. Here's a peek at the detailed testimony of witnesses. Use this link with your free FamilySearch.org account to read the entire case: The Witnesses.

"Another Witness swore that Thompson was heard to say he had cohabited with Hannah Ayers. 
A third witness swore as follows Viz . 26 Aug 1807 - At Joseph Kenneths [?] house at the request of David Thompson I was present at an interview between said Thompson and Hannah Ayers where the following conversation took place. David Thompson proposed to the said Hannah Ayers that provided she would deny his having any communication with her in any respect he would give her his bond for $50 payable on demand which bond she agreed to accept on the above Conditions, but on Joseph Kenneth [?] saying he would not do it for $500 for she would contradict a report that her father and mother had propagated of the said Thompsons having got her with child, on hearing which she refused to accept the bond, saying she has caused enough grey hairs on her fathers head on a former like occasion..."

So Bribery Was Involved, but what was the "former like occasion?"

As we know, once the court is involved it can become a tell-all event. Let's look at the new dirty laundry being shared. David Thompson was 21, and Hannah Ayers was abt 25 -26 years old. The "former-like "occasion" resulted in her having "one child before the present." David and his counsel introduced this fact in the court records as they tried to legitimize his actions.
(Please don't ask me to explain, that!). 

It is here we learn Hannah Ayers had birthed one child before the present. The court did not factor this into their decision, as it was irrelevant to answering who would financially support this "baby boy."

The Final Judgment

"David Thompson should give security for the maintenance of Bastard child charged by Hannah Ayers to have been begotten by him, of her, with all things touching the same as fully and wholly as the same now exist among the Records of the said County Court."

As I said, he only was required to support the child for seven years.

It is the opinion of the court that the said David is the father of the said Bustard child and that the same is likely to become chargeable to the parish . Therefore it is ordered that the said David Thompson find security for the payment of twenty dollars annually for seven years from this date ( being the sum considered sufficient by the court for the said child maintainance , & the time it will be chargeable to the parish )

To read full case: Determined Papers (Chancery Court) 1808. Franklin County, VA, 1808

As mentioned, clients are always distraught when they realize their ancestral surname changed through history. There are various scenarios of how this could have happened. We must also consider such nefarious cases like that of Hannah Ayers' son. Let's not jump to conclusions before finding the truth. 

Kathleen Brandt