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Grave concerns
Published October 2, 2009
Two infant sisters, who were among Kerr County’s first set of triplets, are said to be buried in an unmarked cemetery underneath an old oak tree near Center Point.
The tree, which stands alone on a grassy rise in a field along Texas 27, silhouetted by surrounding hilltops, has served as a landmark, untouched, for generations.
But the children’s graves, along with others believed to be shaded underneath the old oak, reportedly were trampled by cattle after the property was purchased by City South Management in 1995.
Most of the headstones were either damaged or moved from their original locations. However, one headstone reportedly remains intact, although there no longer is any visible writing on it.
Presently, the cemetery is at the heart of an unfolding battle between those who want the site to remain untouched and a developer whose planned 280-unit RV park would be located on what once was known as the Samual Houston Wellborn farm.
Plans call for the area where the oak tree stands, along with the Wellborn Family Cemetery, to become a green space, which opponents of the development contend will effectively destroy all evidence of the cemetery.
When the developer, Dick Colvin, was asked during the Sept. 17 city of Kerrville Planning and Zoning Commission meeting if he was aware of the cemetery, he said, “No.”
However, Cecil Wellborn contends he visited the cemetery, with Colvin’s permission, twice — the last time in April 2005.
Although Colvin reportedly opened the gates to the property to allow access to the site, Wellborn did not show the developer the cemetery as previously was reported.
A photo, said to have been taken on April, 17, 2005, shows Wellborn standing alongside the oak, with several large rocks forming a half circle around it.
Wellborn family members and a group of concerned residents, collectively known as Kerr County Conscience, has vowed to do whatever they can to ensure the cemetery is not erased from local history and that the public will retain public access to it, according to member Mary Matthews, who has researched the cemetery.
They have submitted an application to the Texas Historical Commission in hopes of having the site, which reportedly dates back to the 1800s, deemed a Historic Texas Cemetery.
According to the commission, the designation does not impose any restrictions on a private owner’s use of land adjacent to the cemetery.
Case law, however, stipulates the land where the cemetery is located is held in trust for those buried there, along with anyone eligible to be buried at the site.
State law prohibits any cemetery or burial site — deemed historic or not — from being disturbed or desecrated or its gravestones from being removed.
In the case of the Wellborn Family Cemetery, the Texas Historical Commission recommended no ground disturbing activities occur within 75 feet of the area, since the exact boundaries of the cemetery are unknown.
Desecration of a cemetery is considered a state jail felony, punishable by no less than 180 days and no more than two years in state jail and fines up to $10,000. However, probation is mandatory for a first-time offense, according to the Kerr County Attorney’s Office.
Regarding public access, Texas Health and Safety Code Chapter 711.041 states anyone who wishes to visit a cemetery or private burial grounds for which no public ingress or egress is available shall have the right to reasonable access — during reasonable hours and only for purposes usually associated with cemetery visits.
Also, the land owner(s) of the property surrounding the cemetery may designate the access routes.
Colvin has declined comment on the issue.
Witnesses to history
Affidavits from several people shared insight into the matter.
Frank Thomason, whose great-grandfather was Sam Houston Wellborn, described in an affidavit the cemetery’s origin.
“There is a family cemetery located on this property and (was) established around 1875,” he said. “It is located next to a large, stand alone oak tree, which still is standing and healthy.
“My father, Frank Thomason Sr., and my grandparents pointed out this cemetery to me, which at that time had passed from our family to another owner.”
He noted it was important to him for the site to be preserved and maintained in memory of his family, along with others buried there.”
Edward Wellborn, whose great-great-grandfather, Albert L. Wellborn, was believed to be a cousin of Samual Houston Wellborn, said he saw the cemetery under the tree when he was about 8 years old.
“I went over with my father and my uncle, Henry Wellborn, to look at the cemetery,” he stated in his affidavit. “I heard my father and my Uncle Henry talking about it, and they called it the Wellborn Cemetery. I remember several stones and a small metal fence around one grave. It was an iron fence; it looked like a picket fence, made out of iron. There were three, maybe four, upright stones.”
Cecil Wellborn stated he learned at an early age from his parents that his great-grandfather, Albert Wellborn, and great-grandmother, Virginia Wellborn, were buried on the property, along with their son, Harry.
The burial site was near a large live oak tree on their farm, he said.
Helen Henrietta Boerner Pfeiffer Barham stated she lived on the S.H. Wellborn farm from 1919 to 1940, when she left at the age of 22.
In her affidavit, she said, “I was told that the Wellborns had someone buried in the cemetery, along with some Mexicans. There were no headstones, only rocks on a knoll with persimmon bushes, rocks and a live oak tree.”
About the Wellborn triplets
Carrie, Fannie and Kate Wellborn are believed to be the first set of triplets born in Kerr County. Two of the three are said to be buried in the Wellborn Family Cemetery on property near Center Point, where the family farm once stood.
The sisters were born to Samual H. and Lydia Wellborn on Jan. 26, 1880.
Fannie and Kate died as infants.
The triplets were listed on the 1880 Federal Census of Kerr County as being 5 months old in June of 1880.
According to a 1955 article in the Kerrville Mountain Sun, “... people came from far and near to see the babies.”
The 1880 Mortality Schedule indicates Fannie died that same year. There was no mention of Kate.
Their sister, Carrie, died at age 15 and is buried in the Center Point Cemetery.
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