 Abt 1775 - Bef 1838 (~ 63 years)
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| Name |
COZBY James |
| Suffix |
Sr. |
| Born |
Abt 1775 |
NC  |
| Gender |
Male |
| Died |
Bef 16 Jun 1838 |
Jefferson County, AL |
| Person ID |
I1627 |
Combo |
| Last Modified |
22 Aug 2009 |
| Family |
MOORE Elizabeth, b. Abt 1779, SC , d. Abt 1853 (Age ~ 74 years) |
| Married |
1800 |
Orange, NC |
| Children |
| | 1. COZBY Sarah, b. Abt 1815, d. UNKNOWN |
| | 2. COZBY Mary, b. 1821, AL , d. UNKNOWN |
| | 3. COSBY Wiley, b. 1800, NC , d. UNKNOWN |
| | 4. COSBY Robert, b. Abt 1799, TN , d. UNKNOWN |
| | 5. COZBY Ellen, b. Abt 1803, NC , d. UNKNOWN |
| | 6. COSBY James S., b. 23 Feb 1806, Ashville, Buncombe County, NC , d. 18 Feb 1885, Blount County, AL (Age 78 years) |
| | 7. COZBY William David, b. 27 Feb 1808, Asheville, Buncombe Co., NC , d. 9 Aug 1881, Wolfe City, Hunt County, TX (Age 73 years) |
| | 8. COZBY Olive, b. Abt 1809, NC , d. UNKNOWN |
| | 9. COZBY Abner, b. Abt 1812, NC , d. 1864, Wolfe City, Hunt County, TX (Age ~ 52 years) |
| | 10. COZBY Isaac, b. Abt 1817, Buncombe County, NC , d. 1862, Garden Valley, Smith County, TX (Age ~ 45 years) |
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| Family ID |
F0262 |
Group Sheet | Family Chart |
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| Notes |
- Eexcerpts from Forgotten Ancestors copyright 1991 by Kenneth O Sims
The spelling of this family's surname has been recorded many ways. The two known spellings used today among James Cozby's descendants are Cosby (used by descendants of his son James S. Cosby of Jefferson County, Alabama and by descendants of his son Wiley who moved to Washington County, Arkansas) and Cozby (used by descendants of his sons, William, Isaac, Abner who moved to Texas).
James Cozby signed his will in Jefferson County, Alabama on April 5, 1837, leaving all his estate to his wife Elizabeth Cozby and naming Elizabeth and his son James S. Cosby as executrix and executor. (Note that even his will recognizes the difference in the spelling of the name.) He died between that time and June 16, 1838 when the will was probated. Family traditions in all branches of this Cosby (Cozby) family say that the family came from North Carolina. The earliest certain identification of this James Cozby appears in the U.S. Census of 1820 for Buncombe County, North Carolina where he is recorded as James Cozby on page 110 and where his son Wiley is recorded as Wiley Causbey on page 125. From these 1820 census entries, we can infer that James Crosby (page 263, 1810 U.S. Census, Buncombe County, North Carolina) and James Crosby (page 126, 1800 U.S. Census, Buncombe County, North Carolina) are this same James Cozby of the 1820 Buncombe Census.
Robert Lewis Cozby has determined that this James Crosby of 1800 Buncombe and 1810 Buncombe is the same James Crosby listed in the 1800 U.S. Census for Pendleton County, South Carolina. Mr. Cozby has found a Bunconbe County land record showing that James purchased land in Buncombe on November 10, 1800 and he notes that the 1800 U.S. Census of Buncombe was certified May 2, 1801. Mr. Cozby says that these show that James Crosby moved to from Pendleton, South Carolina to Buncombe, North Carolina between the taking of the census in Pendleton and in Buncombe.The following facts can also be used to substantiate Mr. Cozby's theory:
1. Milton R. Cosby, the son of James S. Cosby and the grandson of James Cozby, in a sworn and notarized statement made by him September 26, 1921 verified that "James Crosby was the son of William Crosby, and was born at Pendleton Court-House, N.C. in 1774...."
2. There is no Pendleton Court-House North Carolina.
3. Willliam Crosby of Pendleton, South Carolina had sons James and Abner (William's estate) and James Cozby had sons William and Abner (James' estate).
4. William Crosby's estate settlement shows legatee James Cosby.
5. An original copy of a receipt for James' portion of William's estate dated 24 June 1823 is in the possession of descendants of James S. Cosby. This statement is evidently in James hand and has been in this family for 175 years. It reads: Coppy (sic) Recd 24th June 1823 of A Crosby &Wm Carson Administrator of the Estate of Wm Crosby Dec. Forty seven Dollars & 25 cents in part of my dividend of said estate. James Crozby
Evidently because James Cozby (1774) had a son named James S. Cozby and a grandson named Spencer Cozby, several researchers appear to have come to the conclusion that he was James Spencer Cozby Sr. In the absence of any indication that this may be true, this site will record that he was simply James Cozby Sr. As already noted, his will says James Cozby Sr. and refers to his son James S. Cosby (not Jr.) as though to note a difference. No record has been discovered which refers to James Cozby Sr. as James S. Cozby Sr.
James Cozby probably married in the early 1790's since the 1800 census show one male child under 10 years (Wiley ca. 1794) He moved to Jefferson County, Alabama between 1820 and January 23, 1822 when he purchased land there. His wife Elizabeth was born between 1776 and 1780 in S.C. [Some researchers, without citing any reference have recorded that his wife was Elizabeth Moore. Without a reference, this site regards this as unfounded and unreliable]. A transcript of Elizabeth's estate from Blount County was filed in Jefferson County with a petition to sell eighty acres there.
Information on the children of James Cozby, were taken from the above mentioned petition
Vicki Lais says James Cozby, Jr. came to AL about 1821.
Will written April 5, 1837; died before June 16, 1838.
From Jefferson Co. AL Will Record 1818-1840, transcribed by Vicki L. Jamile has a copy from Jefferson County, AL courthouse.
pg 151 will - In the name of God, amen. I James Cozby Snr. Of Jefferson County and state Alabama, being sick and weak in body but of perfect mind and memory and knowing it is appointed once for man to die do make and ordain this my last will and testament. First of all I will that all my lawful debts be paid out of my estate and secondly that after my death I will and bequeath unto my well beloved wife Elizabeth Cozby all my estate both real and personal to be disposed of at her discretion, And thirdly I will that she may divide with the children that is now at home when they come of age and marry according to her ability, as we have done heretofore. In the fourth place I will that my grand son Spencer Cosby if he remains in my family till he becomes of age, that he should be made a legal heir with the balance of my children and I do hereby constitute and appoint my son James S. Cosby and my well beloved wife Elizabeth Cozby my sole executor and executrix of this my last will and testament. In witness whereof I have hereunto set my hand & affixed my seal this fifth day April in the year of our Lord 1837. Signed sealed and James Cozby (seal) acknowledged in presence of William Cowden Ephraim Y. Hicks Abner Cozby (his mark)
pg 152 Know all men by these presents that we Elizabeth Cozby James S. Cozby, William Cowden and Benjamin Tarrant are held and firmly bound unto Walker K. Baylor, Judge of the County Court of Jefferson County State of Alabama and his successors in office, in the penal sum of Twelve Hundred Dollars, to which payment well and truly to be made, we and each of us do bind ourselves, our heirs & firmly by these presents sealed with our seals and dated the 16th day of June 1838. Now the condition of the above obligation is such, that whereas the above bound Elizabeth Cozby and James S. Cosby has been duly apppointed executrix & Executor of the estate of James Cosby deceased. Now if said Elizabeth Cozby & James S. Cosby shall well and truly perform all the duties which are or may be by law required of them as such executrix & exeutor then the above obligation to be void, else to remain in full force and virtue. Witness our hands and seals the date above written. Signed sealed and Elizabeth Cosby (her mark) acknowledged in James S. Cosby open court William Cowden Test. B. E. Graw, clk B. Tarrant
pg 153 The State of Alabama County Court of Jefferson County Whereas the last will and testament of James Cozby was duly proved at a county court held for said county at the courthouse in the town of Elyton on the 16th day of June 1838, in which will he appointed Elizabeth Cozby & James S. Cozby executors and said Elizabeth Cozby & James S. Cozby having given bond and securities and taken the oath required by law. Therefore that the will of the testator may be well an truly performed we by these presents grant and commit to said Elizabeth Cozby and James S. Cosby the administration of all and singular the Goods and chattels rights and credits whatsoever belonging to said James Cozby at the time of his death, according to the true intent and meaning of said will, hereby requiring said Elizabeth Cozby and James S. Cozby to file in the Clerks office of said court, within three months from this a true and full inventory of said goods and chattel rights and credits, and to render a full and true account of their administration wherever thereto legally required. Witness Walker K. Baylor, judge of said court at office this sixteenth day of June 1838
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