ANN MALLORY, the wife of JOSEPH CARTER-5, was apparently the daughter of JOHN MALLORY, Sr., born about 1735 to 1745. When JOHN died about November, 1795, he left a will in Caswell County, North Carolina, mentioning some of his children, which included Stephen, who had been married at the same time as ANN and JOSEPH CARTER in a double ceremony December 18, 1790.
of John Mallory-1
James Mallory-2 [Kendall, Caswell County, NC, Deeds, pg 218.]
John Mallory-2 [Kendall, Caswell County, NC, Deeds, pg 218.]
Henry Mallory-2, of Orange County, North Carolina [Kendall, Caswell County, NC, Deeds, pg 218.]
Dianah Mallory-2, who married JOSEPH CARTER’s-5 brother, Theodorick Carter-5.
ANN MALLORY-2, probable daughter
At the estate sale for JOHN’s estate, some of his children were mentioned as buyers and were there. ANN was not mentioned as a buyer, but JOSEPH CARTER-5 and Theodorick Carter-5 were mentioned, but not his wife, Dianah. This is the only circumstantial proof that we have that ANN MALLORY was probably the daughter of this JOHN MALLORY, Sr. The author thinks this is probably the best evidence we will uncover, unless some serious research is undertaken in the original records, coupled with some genealogical good luck .
It is not unusual for a daughter not to be mentioned in her father’s will if she had already received her marriage portion from his estate. Even if married, daughters did share in the division of the estate at the death of their father, it was not unusual for their given names to never be mentioned, but only their husband’s, who received their portion of the estate from their parent. Many years later, when JOSEPH and ANN’s estates were settled in Tennessee, there were several slaves that were mentioned in JOSEPH’s will and estate as if he owned them outright, but were actually ANN’s estate. This is most likely due to the property laws concerning married women. Slaves that came to the hands of a woman’s husband through his marriage to her were usually under the control of her husband, as if he owned them outright. ANN owning or inheriting slaves would indicate that she came from a reasonably substantial family. This would be in keeping with JOHN MALLORY as her father.
Since Caswell County, formerly part of Orange County, wasn’t settled until at least 1750-1775 we can assume that JOHN MALLORY came there from elsewhere. The earliest known [partial] tax record dates from 1759. It does not contain the name of JOHN MALLORY. Virginia is a likely area for him to have moved from. There are several prominent Mallory families in Virginia, descended from Christopher Mallory of England. Memoir of the Lords of Studley by Wallran gives their history. Whether our JOHN is from this group is unknown, but is probably very likely.
JOHN MALLORY was a member of the upper-class financially in his time and place of residence. He was a planter, but not one of the very wealthiest of that class; however, he left a substantial estate to his children.