George Wilson Lancaster Goes After Government Land in Arizona Territory, Part I

Why did a Texan move his family to the desert in the Arizona Territory? That’s a question we may never know the answer to unless we find a diary, journal, or letter that speaks to that. It was a surprise to discover he had moved his family to Arizona. For many years, I thought his wife, Martha, had died, and the children all scattered. The missing 1890 census helped with that hypothesis.

George Wilson Lancaster was born on 3 April 1839 in Lewis County, Missouri.[1] He married Martha Jane Polly on 25 October 1871 in Kaufman County, Texas.[2] By the 1880 census, they had three children: Wm Carlton, age 7; Lonnie O, age 4; Maggie R, age one month.[3] There is no 1890 census left, as it was damaged in a fire. In 1900, only George is found living with Sarge & Pearl Lancaster.[4] Ten years later, he was living with his son, William, and William’s six children and wife. George died on 14 January 1919.[5]

Where did Martha and the children go? The oldest son, William Carlton Lancaster, married Martha Jane Coor on 19 March 1892 in Erath County, Texas.[6] However, William’s entry in the 1900 census has not been found.[7] The rest of the family vanished. The clue was on George’s death certificate. His marital status was listed as divorced. Martha and the children had to be somewhere else.

Federal Land Database
On a whim, I checked the Bureau of Land Management’s website to see if any of my Lancaster men got federal land. Geo. W. Lancaster was listed as buying 40 acres of land in Maricopa County, Arizona Territory.[8]

The land was located north of the Gila-Salt River on what is today the Phoenix Sky Harbor International Airport.

The image of the patent is not available on the website, as the entry has not been indexed against the patent document. An image is in the land case file, however.

Land Case File
I obtained the land case file from the National Archives by hiring a researcher to pull the file for me. This way, I got color images of the documents.

To begin the process of obtaining land, George paid the $3 Register’s and Receiver’s Fee to file a Declaratory Statement on 8 June 1886 at the Tucson Land Office. He filed application number 1753 for the northeast quarter of the northwest quarter of section 14, Township 1 north of Range 3 east, containing 40 acres, and said he settled there on 1 June 1886. He would have to make the final proof within thirty-three months or by 1 March 1889.[9]

Six months later, on 10 December, he filed his intent to make final proof to establish his pre-emption claim to the land before the Clerk of the District Court in Phoenix on 4 February 1887. His intended witnesses named were George H. Trook, Isaac B. Hand, James P. Moffatt, and Legh R. Shaw, all of Phoenix. This intent was also published in the Phoenix Herald.[10] Look, George's signature!

This newspaper announcement allowed residents the opportunity to object to his attempt to make final proof of his pre-emption claim if they felt he was doing so fraudulently. The article also gave the date of the hearing and the names of his witnesses.[11]

To receive a patent on a pre-emption land, George had to give an affidavit answering specific questions about himself and the property he was trying to prove. He also brought two witnesses, who gave their answers to questions about George’s property on affidavits. Usually, this is done at the Land Office; the closest one was in Tucson. However, he went before the J. E. Walker, clerk of the U.S. District Court, 2nd District of Arizona, instead. Tucson was about a hundred miles away.[12]

There are different ways to obtain land from the Federal Government. One could buy up to 160 acres of land outright, and this was called a cash sale. Citizens and those who filed an intent to become a citizen have been able to do this type of acquisition since 1820.[13] Another way was settling on the land as a homesteader. Instead of paying for the land, the settler had to follow certain rules and could then prove their claim after five years.[14] The third way was to get title to property when already settled on it before making a claim. This is called pre-emption rights.[15] It was primarily used by people who settled on the land before it was surveyed by the federal government, through squatting.

Next installment: George’s testimony.

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[1] Upper Greens Creek Cemetery (Erath County, Texas, 5 mi. south of Stephenville. From US 377, ½ mile west County Road 380, then ½ mi south on County Road 351), G.W. Lancaster marker; photographed by Lisa S. Gorrell, 8 Oct 1995.

[2] Kaufman Co, Texas, Marriages, vol. 2, p. 51, Geo W. Lancaster-Martha J. Polly, 1871; FHL microfilm 1302500. The online images are locked from home.

[3] 1880 U.S. census, Rockwall Co, Texas, Justice Prec 1, p. 590 (stamped), dwelling 2, George W Lancaster.

[4] 1900 U.S. census, Erath Co, Texas, Stephenville, ED 65, sheet 5, dwelling 81, Sarge H. Hickey household. Geo. W. Lancaster, single and 59 years old, is on the next page as a boarder.  

[5] "Texas Deaths, 1890-1976," digital image, FamilySearch (https://www.familysearch.org/search/collection/1983324 ); death certificate 536 (1919), George Wilson Lancaster; citing Texas Department of Health Bureau of Vital Statistics.

[6] Erath Co, Texas, marriages, v. F, p. 65, Lancaster to Coor, 1882, imaged, FamilySearch (https://www.familysearch.org/ark:/61903/3:1:33SQ-GP3B-LT : viewed 19 July 2025), IGN 004820345, image 848 of 967.

[7] A line-by-line search was done in Erath County, Texas, with negative results.

[8] Bureau of Land Management, “Land Patent Search,” database with images, General Land Office Records (https://glorecords.blm.gov/search/default.aspx : accessed 16 July 2025), entry for George W. Lancaster, (Maricopa Co, Arizona Territory), patent no. 400.

[9] Declaratory Statement, George W. Lancaster (Maricopa County) cash entry file, certificate no. 400 (1890), Tucson Land Office; Land Entry Papers, 1800-1908; Record Group 49: Records of the Bureau of Land Management; National Archives, Washington, D.C.

[10] Intent to make final proof, George W. Lancaster (Maricopa County) cash entry file, certificate no. 400 (1890), Tucson Land Office; Land Entry Papers, 1800-1908; Record Group 49: Records of the Bureau of Land Management; National Archives, Washington, D.C.

[11] “Certificate as to posting of notice,” George W. Lancaster (Maricopa County) cash entry file, certificate no. 400 (1890), Tucson Land Office; Land Entry Papers, 1800-1908; Record Group 49: Records of the Bureau of Land Management; National Archives, Washington, D.C.

[12] George W. Lancaster (Maricopa County) cash entry file, certificate no. 400 (1890), Tucson Land Office; Land Entry Papers, 1800-1908; Record Group 49: Records of the Bureau of Land Management; National Archives, Washington, D.C.

[13] U.S. Congress, United States Statutes at Large, v. 3, 566, “An Act making further provision for the sale of the public lands,” 24 April 1820, imaged, GovInfo (https://www.govinfo.gov/app/details/STATUTE-3/STATUTE-3-Pg566 : accessed 18 July 2025.

[14] U.S. Congress, United States Statutes at Large, v. 12, 392, “An Act to secure Homesteads to actual Settlers on the Public Domain,” (20 May 1862), imaged, GovInfo (https://www.govinfo.gov/app/details/STATUTE-12/STATUTE-12-Pg392 : accessed 18 Jul 2025).

[15] U.S. Congress, United States Statutes at Large, v. 5, 453, (Sec 10-15, 455-57), “An Act to appropriate the proceeds of the public lands, and to grant pre-emption rights,” 4 Sep 1841, imaged, GovInfo ((https://www.govinfo.gov/app/details/STATUTE-5/STATUTE-5-Pg453 : accessed 18 July 2025).

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