Pioneers of Ellis County David Porteus Fearis Contributed by  Dr. David P. Fearis III   Biographical Sketch David Porteus Fearis, a blue eyed, auburn complexioned youth was born in Dinneydoon, Enniskillen, Ireland on August 14, 1825 the son of Matthew Fearis and Margaret Portteus. He came to America from Ireland in 1840 at the age of 15 years as a subject of Ireland and Great Britain under the rule of Queen Victoria. His middle name was originally spelled Portteus but he dropped the second "t" after coming to America. David P., Edward and his sister Catherine were sent to America from Ireland during the potato famine to visit relatives and first settled in Berkeley County, Virginia. They then emigrated from Virginia to Missouri in 1844. Another brother, Portteus George Fearis, came to the United States in 1849 and settled in Middle Grove, Monroe County, Missouri. From Missouri, Edward, Catherine and David P. emigrated to Texas in 1847 and settled in Waxahachie. After a few years Edward returned to Ireland. Catherine married Joe Bell and they settled in the Rockett area. David P. had received, in Ireland, a superior education for one of his years and he concluded that the United States possessed superior advantages for a young and ambitious man and that he would not return to Ireland. He received a grant of land four miles east of Waxahachie in what was then Navarro County and became active in the plans of organizing Ellis County, which was done in 1848. In 1849 he, Major Rogers, Milley Weaver, Jonathan E. Prince, N.H. Whittenburg and C.H. Barker organized the First Methodist Episcopal Church South in Waxahachie. He built the first sawmill ever erected in this county, having learned the carpenters trade after his residence in America began. He did a great deal of building in the early days in this area, and received the highest wages of any carpenter in this area, often being paid from $10 to $15 per day. In 1851 he married Margaret E. Barker, daughter of C. H. Barker. They had seven children: (1) Argyle Biltmore (2) Camillus Urastus (3) Bervadus W. (4) Arainada (5) Loftis C. Bard (6) Geoffrey P. and (7) Davella. Argyle became a transient person and was lost to the family. Arainada, Loftis, Geoffrey and Davella all died prior to marriage and are buried next to him in the family plot. Camillus and Bervadus remained in Ellis County. In 1852, he secured the contract to build the second courthouse for the new county. This was a two story frame building 24 by 36 feet which was pronounced the finest in North Texas. The cost of it was $1999. He traveled to the Houston area with wagons and mule teams to obtain the lumber for the courthouse -  a journey which took 3 months. For many years he was prominently identified with his trade throughout this and adjoining counties, and he made large investments in land, owning at the time of his death 5000 or 6000 acres of which 300 were in an advanced state of cultivation. On June 24, 1856, he received his naturalization papers from Nat. M. Burford, District Judge of Ellis County, who commended him for being a civic minded citizen who held many positions of trust among the early settlers. On February 4, 1860 he became a charter member of the Masonic Chapter No. 73. At about the same time a group of educationally minded citizens decided to build a college or academy for the pursuance of higher learning, an association formed to erect a Masonic Hall and college in Waxahachie. Capital stock was to be $3000, which could be increased to $6000, to be divided into shares of $50 each and each share was entitled to one vote. The building was to be 50 by 30 feet and two stories high. The lower story was to be used by the school and the upper for a lodge room or Masonic Hall. The Masonic Fraternity would decide on the fixtures and have exclusive control over all materials used in the construction of the building. David P. Fearis, James W. Loyd, George W. Givins and Joseph B. Meredith were appointed commissioners. One of their duties was to secure subscriptions for capital stock, which was to be payable as follows: one-fourth on the first day of January 1861, and then one-fourth each quarter until the subscriptions were paid. When the sum of $3000 was reached, the commissioners called a meeting of the stockholders and elected five trustees to govern the affairs of the association and they were to hold office for one year, then new trustees would be elected. One of the trustees was appointed to be President and another as Secretary. The trustees were to handle all monies and to keep the books open for inspection for the stockholders at all times. When the building was finished, it was the duty of the trustees to hire teachers and to adopt the rules and regulations. The teachers were to be male and female and to be of a high order of attainment in morals and literature. The school would be rented to them at a fair price and they would direct all educational efforts. Professor Joseph Hensley taught the first session, beginning in September of 1861. Professor Hensley, who also had a big herd of horses feeding on the prairies around Waxahachie, had to quit before the term was out to wind up his business, fearing that he would have to go to war. The Civil War interrupted the activities of the academy. And the Masons, after building their temple on the square, sold the building to H.H. Dunn, J.C. Gibson and J.G. Williams for $2500. The building was afterwards sold to the city of Waxahachie for $5500. In 1862 David P. Fearis joined the Nineteenth Texas Volunteer Cavalry under Colonel Nathaniel M. Burford. He was elected Captain and served with distinction until 1864 when he was wounded in battle near Mansfield, Louisiana where he died. His body was returned to his family and he was buried in the Waxahachie City Cemetery in the family plot.   Naturalization Papers The United States Of America The State of Texas County of Ellis District Judge Term A. D. 1856 Exparte David P. Fearis for Citizenship BE IT REMEMBERED that on the 24th day of June, A.D. 1856, David P. Fearis, who is about six (6) feet high, about thirty-three (33) years of age, blue eyes, auburn hair and fair complexion, took and subscribed the following oath to wit: I David P. Fearis do solemnly swear that I am a native of the Kingdom of Ireland, a portion of the dominion of Victoria the Reigning Queen of Great Brittian and Ireland: that I am about thirty-three (33) years of age and that I emigrated to the United States with a bona fide intention of becoming a bona fide citizen and renouncing all allegiance to every foreign Power, Prince or Potentate in the year A.D. 1940 and settled in Berkeley County, Virginia, at which time I was 16 years of age; that I emigrated from said state of Virginia to the state of Missouri in the year A.D. 1844 from which state I emigrated to Texas in the year A.D. 1847 and settled in the County of Ellis (then Navarro County) in said state and still remain in said county, and that I have not been out of the limits of the United States during said period and that it is still my bona fide intentions of becoming a citizen of the United States and of renouncing forever all allegiance to every foreign Prince, Power and Potentate. Signed: David P. Fearis And it appearing to the satisfaction of the Court that said David P. Fearis , a minor under the age of twenty one years when he emigrated to the United States and has been for more than five years a citizen of the United States and of the State of Texas and that he has been for more than one year, now preceding this application, a resident of the County of Ellis. He is, therefore, permitted and admitted to take the oath of allegiance to support the Constitution of the United States, which is as follows: "I David P. Fearis, do solemnly swear that I will support the constitution of the United States and I further swear that I renounce all allegiance to every foreign Prince, Power and Potentate and Sovereign whatsoever, particularly to Victoria, the reigning Queen of Great Britain and Ireland, so help me God." David P. Fearis And, it appearing to the satisfaction of the Court, that said David P. Fearis is a man of good moral character and attached to the United States and the Principles thereof, and to the Constitution of the United States and well disposed to the good order and happiness of the same, it is ordered that he be admitted to all the rights and privileges as a citizen of this republic which any naturalized citizen may by law be entitled. It is further ordered that these proceedings be spread upon the records of this Court and a copy of the same, certified, be given to said applicant. Nat. M. Burford, District Judge   Last Will and Testament of David P. Fearis [recorded Ellis County Will Book "A," page 95] In the name of God, Amen: I, David P. Fearis, of the County of Ellis and State of Texas of the age of thirty five years and being of sound and disposing mind and memory at this time, do make public and declare this, my last will and testament in the manner following (that is to say) 1st: I will my spirit go  to the God that gave it. 2nd: That if I die in debt that all my debts shall be paid as soon as possible. 3rd: I give and devise to my wife three hundred acres of land where we now live including the two west fields. Commencing at Waxahachie Creek, next to Whitmore's, down said creek with its meanders to the lower side of the old bottom field; thence in a straight line to our spring, leaving said spring 15 varias to the West; Thence with the meanderings of the bed of said branch 200 varas above the N.W. corner of the 60 acres or East field; then to take such course as may include some 300 acres to the West, including all the buildings during the term of her natural life and after death be divided equally among my children or their representatives by blood in lineal descent in right of said children. 4th: I further bequeath and give to my wife my carriage; one choice wagon; 4 head of horses or mules; ten cows and calves; 2 yoke of oxen; 30 head of hogs and 20 head of sheep all to be selected by her, together with all articles of husbandry that she deem necessary (and suitable provisions for the term of one year) all household and kitchen furniture. 5th: It is my desire and will further that during my wife's widowhood she has full control over all my lands, negroes and stock, together with all business. She may sell privately or publically my surplus property, collect all debts that may be coming to me, and pay off all debts that I may owe. If it should become necessary to sell land after all perishable property is exhausted, she has the right to do so until debts are paid. And I further give and devise to my wife five hundred dollars in money for her own private use and benefit. 6th: It is further my will and desire that all my children shall have the very best English education the country affords; and if any of my boys when arriving at the age of 16 or 17 wants to go to college, if there is property coming to him or them, let him or them have a suitable portion of the same for that purpose. 7th: It is further my will that when my son Argyle Biltmore comes to age, if he chooses, he can have 250 or 300 acres adjoining the home place, including the East fields at its proportionable valuation on the Rafferty survey. It is further my will, he being my first born son, he has my watch, (with the request he hand it down to future posterity). 8th: And I do hereby nominate, constitute and appoint my wife to be the Executrix of this my Last Will and Testament, with full power and authority to carry on, do and perform all of the provisions of the same. And I do hereby direct that she shall not be required to give any bond or obligation to the County Court or any other Court that may have jurisdiction over this my Will and Testament. I further express the County or Probate Court shall have neither use nor assume no further jurisdiction than the probation or registration of this my Will and Testament. 9th: I further will and desire that when my wife marries then she shall be required to enter into bond with said Court for all the property that may belong to my children and a guardian appointed by said Court out of some of my friends to assist the mother of my children in trying to keep the property untrammeled if any there may be and without partiality to be equally divided with all my children. To which I sign my name in the year of our Lord one thousand eight hundred and fifty nine, January 6th. David P. Fearis    Witness: J.N. Whittenberg:  J.F. Reagor   Copyright © 2004-2016, Ellis County TXGenWeb. All Rights Reserved. This page was last modified: Thursday, 01-Jul-2021 13:29:54 MDT