Resided in Lower Alloways Creek Twp., Salem Co., NJ.
Member of the Baptist Church.
"Zacheus Jefferson Brown" [2] of Salem and Eliza Fogg of "Hancock"['s Bridge]
were married by "Joseph Sheppard minister of the Baptist Church of the town and county of Salem..." on 26 Mar 1826.Eliza (Fogg) Brown was widowed when her children were aged 2, 3 and 5. She
remarried about a year and a half later to Abner Penton and had four more
children. About twenty years later, she married Firman Blew -- no children.
It is not known what happened to Abner Penton, but Eliza outlived her first
and third husbands.Zaccheus J. Brown [2] and his brother Jacob C. Brown inherited the property
of their father, Zaccheus Brown [1], when they were 16 and 7 years of age,
respectively. Division of the land took so long that Zaccheus J. Brown [2]
did not receive his entire inheritance before he died 13 or 14 years later.
The three minor children of Zaccheus J. Brown [2] -- Eliza Fogg Brown, Ebenezer Brown
Ebenezer Brown and Zaccheus Brown [3] -- were eventually awarded the
inheritance. The largest part of the land was purchased by Job S. Dixon -- husband of Eliza, the eldest child of Zaccheus J. Brown [2].On four separate occasions, Zaccheus J. Brown [2] mortgaged his "equal undi-
vided half part" of those two parcels eventually divided between Jacob Brown
and the heirs of Zaccheus J. Brown [2]. The mortgagee and the dates in each
of those four transactions were:
1. Sarah Tracy of Lower Alloways Creek Twp., 29 Nov 1825. Zaccheus [2]
was listed as being of "the town of Salem". (Satisfied 20 Mar 1828.)
2. Joseph Hancock of Mannington, 2 Aug 1827. Zaccheus [2] and Eliza
were listed as being of Lower Alloways Creek. (Satisfied 22 Feb 1833.)
3. Adam H. Sickler, 13 Feb 1828. Zaccheus [2] and Eliza were listed as
being of Lower Alloways Creek. (Satisfied 25 Apr 1831.)
4. John G. Mason of Salem, 26 Apr 1831. Zaccheus [2] and Eliza were
listed as being of Lower Alloways Creek. (Satisfied 6 Feb 1833.)Zaccheus J. Brown [2] died 2 Feb 1832; Eliza (Fogg) Brown remarried 31 Jul
1833 and was seemingly a resident of Mannington in 1840. Who lived there
from 1832 until Job Dixon purchased the property (circa 1850)? By 15 Mar
1836, Jacob Brown, brother of Zaccheus J. Brown [2], is listed as being of Philadelphia.A partial division of the land was completed 27 Feb 1826 -- the main division
was completed in 1834. Eliza, the mother of the three children of Zaccheus
J. Brown [2] had remarried by 1833. It is not known who lived there between the time of Zaccheus [1]'s death in 1818 and the death of Zaccheus J. Brown
[2] in 1832. It is likely that the widow of Zaccheus [1]-- Elizabeth -- with
some minor children (among them, Zaccheus J. [2] as well as Harriet, Eliza
Ann and Jacob C.) would have continued living there. Also, when Zaccheus J.
Brown [2] was married in March of 1826, the first land division had just been
completed so maybe he and his new wife were the occupants from that time until his death in 1832.
It appears that Eliza, the widow of Zaccheus J. [2], resided in
Mannington from the time of her second marriage to Abner Penton. Who lived
on the property from that date (1833) until Job Dixon bought the property in 1850 ?When Ebenezer Fogg -- Administrator for Zaccheus J. Brown [2] -- died in
April of 1835, Abner Penton was appointed on 21 Aug 1844 as Administrator for
Zaccheus [2]. Bonds were John Dunlap and Peter Blackwood....
Land division - pursuant to the will of Zaccheus Brown [1] (d.1818)
To Jacob Brown and Zaccheus J. Brown [2]
Dated 27 Feb 1826 Acquired 1986, Salem, NJ C.H.In pursuance of a decree of the Orphans Court of the County of Salem made in
the term of December last past appointing us the subscribers commissioners
for dividing that part of the real estate Late of Zaccheus Brown [1] deceased
which he the said deceased by his last will and testament devised and bequeathed
to his sons Zaccheus Brown [2] and Jacob Brown, we do report to the Judges of
the said Orphans Court that after been [sic] sworn or affirmed in conformity
to the law in such case made and provided we have made and provided [the fore-
going "we have ..." is extraneous] we have made division of a certain lot or
tract of woodland being a part of the real estate bequeathed as aforesaid unto
them the said Zaccheus [2] and Jacob and have ascertained each ones share of
the same by metes and bounds as followeth viz Unto the said Zaccheus Brown [2]
we have assigned and set off in severalty the lot mentioned and numbered in the
map (hereunto annexed) one -- which said lot is situate in the township of
Lower Alloways Creek in the County aforesaid and begins at a stake in the main
road leading from Hancocks Bridge to Salem in the line of Samuel Teal and runs
from thence along said road and in said Teal's line South thirty seven degrees
and thirty minutes East thirty two rods and seventeen links to a stone near a
small Bridge corner to said Teals land then still by said Teals land and
along said road, South thirty three degrees East forty two rods and nineteen
links to a corner in said road then north sixteen degrees and thirty minutes
west twenty one rods and fifteen links bounding on lands of George Grier to a
white oak for a corner then still by lands of said Grier North fifty four
degrees East twenty rods to a corner then bounding on lands of John Smith
north fifty one rods and six links to a stake for a corner in said Smiths line
and corner to No 2 in the annexed map thence bounding on No 2 South Sixty
eight degrees West fifty four rods to the corner first mentioned containing
within said bounds twelve acres and forty four square rods of woodland be the
same more or less --
Unto the said Jacob Brown we have assigned and sett off in severalty the lot
numbered two in the annexed map which said lot is situated in the township
aforesaid which said lot begins at a stake corner to No 1 above described in
the aforesaid road in said Teals line and runs from thence along the line of
No 1 North Sixty eight degrees East fifty four rods more or less to a corner
in said Smiths line then along his line due north thirty one rods to a
stone corner to Aaron Waddingtons land then bounding on said Waddingtons land
South Seventy one degrees west sixty six rods to a corner on the west side of
the aforesaid road, then along said road and bounding on lands of Thomas
Thompson and others South fourteen degrees and thirty minutes east twenty two
rods more or less to a stone corner to said Thompsons land and land of
Samuel Teal then along said Teals land and on said road South thirty seven
degrees and thirty minutes east twelve rods to the corner first mentioned
Containing within said bound twelve acres and fifty seven rods of woodland
be the same more or less --
In Witness whereof we have hereunto set our hands and Seals this twenty
seventh day - February in the year of our Lord Eighteen hundred and twenty six
[Anthony Nelson] [SEAL]
[James Butcher] [SEAL]
[Dalymore Harris] [SEAL]Decreed on March Term 1826
[Morris Hancock] Surrogate[A map was attached.]
[See Notes of Zaccheus J. Brown, Jr. (RIN 142) for later descriptions
of the land (re. Job Dixon)....
1830. (Zaccheus Brown [1] died in 1818; Zaccheus J. Brown [2] died in 1832.)
re "a lot of woodland"..."consisting of Eleven acres" and "the lot of
woodland" obtained from David Sheppard, both in LAC, dated 24 Feb 1830:Whereas at an Orphans Court held at Salem in County of Salem and State of New
Jersey of the term of December
subscribers were appointed commisioners to divide the real estate formerly of
Zacheus Brown [1] deceased devised and bequeathed by the testament and last
will of said deceased to his two sons Zacheus J. Brown [2] and Jacob Brown and
whereas in pursuance [of] such appointment the subscribers after having been
sworn or affirmed agreeably to the directions of the law in such case made and
provided did make division in part of said real estate so devised and bequeathed
as aforesaid between the said Zacheus [2] and Jacob Brown and made report
of said division as far as effected to the said Orphans Court at the term of
march next after the aforesaid appointment was made --- Now we do report to the
Judges of the said Orphans Court that in pursuance of said appointment and upon
application of the said Zacheus J. Brown [2] one of the devisees under the
testament and last will ---(?) have made a further division of said real estate
so devised and bequeathed as aforesaid between the said Zacheus [2] & Jacob and
have ascertained each ones share by metes and bounds as follow[s] that is to
say --- Unto the said Zacheus J. Brown [2] we have assigned and set off in
severalty a lot of woodland situate and being in the township of Lower Alloways
Creek in the County aforesaid which said lot of woodland is mentioned in the
said testament and last will as consisting of Eleven acres aand having been
purchased by the said Zacheus Brown [1] deceased of Hannah Dennis Executrix and
Thomas Daniel Executor of Philip Dennis deceased and which said lot of wood-
land the subscribers were unable to survey and draft for the want of the
necessary information of the boundaries of the same
Unto the said Jacob Brown we have assigned and set off in set off in (sic)
severalty the lot of woodland represented by the annexed map situated in the
township aforesaid and bounded as followeth vis Beginning ... [mentions land
of the heirs of Seeley Fithian, Masons line and land of the heirs of David
Sheppard] containing thirteen acres and fourteen rods more or less being the
same lot of woodland which David Sheppard late of the County of Cumberland &
State aforesaid by his deed of quit claim dated the twenty fourth day of
January in the year of our Lord one thousand eight hundred and seventeen
released unto him the said Zacheus Brown [1] dec'd as by reference being had
thereunto will fully appear
In testimony whereof we have hereunto set our hands and seals the twenty fourth
day of February in the year of our Lord one thousand hundred and thirty.
[James Butcher] [SEAL]
[Anthony Nelson] [SEAL]
[Dalymore Harris] [SEAL]
...[A map is annexed for the allotment of Jacob Brown.]
Decreed on March Term 1830
[Morris Hancock] Reg'r.
(Zaccheus J. Brown [2] died not quite two years later.)
.
...
.Salem Orphans Court September Term 1832:
Ebenezer Fogg Administrator An application for a decree to
of Zacheus J Brown [2] deceased Sell real estate... It is decreed by the Court that the said administrator sell and convey a
tract or lot of woodland situate in the township of Lower Alloways Creek
adjoining lands of George Grier and others said to contain twelve acres more
or less Also a tract of bushland in the township aforesaid adjoining Samuel
Hancock & others Said to contain eleven acres more or less for the purpose
of paying off and discharging the debts of said deceased and the expenses....
.....Salem Orphans Court September Term 1833:
Abner Penton Guardian of Elisa An application for Division
Ebeneser & Zacheus Brown [3] heirs of land
of Zacheus J Brown [2] who was one of
the devisees of Zacheus Brown [1] dec'dApplication being made to this Court by
Abner Penton Guardian of Elisa Brown Ebeneser Brown and Zacheus Brown [3] ...
it is decreed that Stacy Lloyd George Grier & Dalymore Harris ... make
division of the said real estate remaining undivided ......
Salem Orphans Court September Term 1833
On Petition of Abner Penton to the Judges of the Orphans Court for the County
of Salem praying the Court to appoint him Guardian of the person and property
of Elisa Ebeneser and Zacheus Brown [3] children of Zacheus J. Brown [2]
deceased till they shall attain the age of fourteen years -- It is ordered by
the Court that the guardianship of the persons and estates of said minors be
committed to the said Abner Penton till said minors shall attain the age of
fourteen years he having given security approved by the Court....
Land division - pursuant to the will of Zaccheus Brown [1] (d.1818)
To Jacob Brown and the heirs of Zaccheus J. Brown [2]
Dated 1 Mar 1834 Acquired 1986, Salem NJ C.H.In Pursuance of a decree of the Orphans Court of the county of Salem made at
the term of September last past appointing us the subscribers Commissioners
for dividing that part of the real estate formerly of Zacheus Brown [1] of the
county aforesaid deceased which he the said Zacheus Brown [1] by his last will
and testament devised and bequeathed to his sons Zacheus J. Brown [2] and Jacob
Brown to be equally divided between them share and share alike - we do report
to the Judges of the said Orphans Court that we have made division of the said
real estate between the children and heirs at law of the said Zacheus J. Brown
[2] /the said Zacheus J. Brown [2] being decd/ and Jacob Brown agreeably to
said last will and testament and have ascertained the share of each as follows -
that is to say unto the Children and heirs of said Zacheus J. Brown we have
assigned and set off in severalty the lots mentioned and numbered in the
annexed map II and IV the first of which said lots or tracts vis number two is
situate in the township of Lower Alloways Creek in the county of Salem afore-
said being part of the homestead farm Begins at a corner of lot No 3 in the
annexed map which said map is numbered 1 and in the public road leading from
Hancock's Bridge to Salem and opposite the mouth of a ditch at the road of the
causeway and runs from thence along said road north thirty one degrees west
forty rods and a half to a corner then north thirty four degrees East forty
rods then north thirty degrees west sixty eight rods then north nineteen
degrees west thirty nine and a half rods to a stake in said in said [sic]
road corner to lot number one then along the line of said lot south eighty
degrees east sixty rods more or less to a stake for a corner in the lane
leading from the mansion house to the barn then along said lane north seven
degrees east thirteen rods and nine links to a stake for a corner then still
by number one south eighty three degrees east thirty eight rods more or less
across the orchard to Alloways Creek then down said creek the several
bounding thereon [sic] the several courses thereof to the aforesaid ditch and a
corner of number 3 from thence along said ditch and bounding on number three
south sixty seven degrees west thirty one rods more or less to the corner
first mentioned within which said bounds are contained seventy one acres one
roods and thirty perches of upland & meadow ground be the same more or less --
The second lot vis No 4 being salt marsh situate in the aforesaid township
and is described as followeth in a deed of conveyance for the same made and
executed by Robert Walker of Upper Alloways Creek unto the said Zacheus Brown
[1] deceased and bearing date the eight day of October in the year of our Lord
one thousand eight hundred and three that is to say - Beginning at low water
mark upon Alloways creek aforesaid and the north east corner of John Woods marsh
and running thence south twelve degrees and forty five minutes east one hundred
and thirty Six rods bounding by said Woods marsh to a ditch thence along
said ditch north Seventy five degrees east sixteen rods thence north three and
an half degrees west one hundred and forty rods to the creek aforesaid bound-
ing upon marsh of William Walker and then down the creek to the place of
beginning containing twelve acres and three quarters of marsh be the same more
or less Unto the said Jacob Brown we have assigned and set off in severalty
the lots marked and numbered in the maps hereunto annexed I,III and V the
first of which said lots vis No 1 is situate in the aforesaid township and
Begins at a stake set by Alloways Creek aforesaid one [sic] the east side of
the orchard and is corner to number two herein described and runs from thence
along number two and across the orchard north eighty three degrees west thirty
eight rods more or less to a corner in the lane leading from the Mansion House
to the barn; then still by number two and in said lane south seven degrees
west thirteen rods and nine links to a stake another corner of number two
then still by the same north eighty degrees west sixty rods more or less
to another corner of number three [sic] [two?] in said public road; then along
said [road] the following courses vis north nineteen degrees west thirty seven
rods and an half then north eight and a half degrees east twenty six rods
then north two degrees east thirty five rods and seventeen links to a corner of
George Griers land in said road then bounding on said Grier the following
courses vis east eighteen rods then south seventy and an half degrees east
forty rods and seven links then south sixty nine degrees east sixteen rods
then south seventy degrees east twenty four rods to a small creek called Adams
Creek then down said small [creek] the several courses thereof to a ditch
then along said ditch south three degrees east thirty rods to Alloways Creek
aforesaid the[n] down said creek bounding thereon the several courses
thereof to the corner first mentioned containing within said bounds fifty nine
acres and an half of upland and meadow ground be the same more or less --
The second lot vis number III being meadow ground and situate in the township
aforesaid Begins at Hancocks Bridge and runs from thence along the causeway
in the aforesaid road north twenty eight degrees west Sixty three and an half
rods to a corner of number two in Said road then bounding on number two and
along a ditch north sixty seven degrees east thirty one rods more or less to
Alloways Creek aforesaid then bounding on said creek and down the same the
several courses thereof to the corner first mentioned containing twelve acres
of meadow ground be the same more or less The third lot vis No 5 in
map number two hereunto annexed situate in the aforesaid township being a
lot of salt marsh and which is described in a deed of conveyance for the same
made and executed by one Joseph Dickinson and Hannah his wife to Jacob Brown
the father of said Zacheus Brown [1] vis Beginning at a stake standing by Stow
Creek and running thence south eighty six degrees west two hundred perches to a
stake for a corner then south four degrees east eight perches to a stake for a
corner then north eighty six degrees west [east!] two hundred perches to a
stake for a corner standing by said creek then down said creek eight perches
to the place of beginning in which bounds is contained ten acres of salt marsh
We do further award and direct that one half of the present fence on the north
east side of the lane leading from the public road aforesaid to the mansion
house be the property of said Jacob Brown and the other half to the heirs of
said Zacheus J. Brown [2]
We do further Certify that previous to our entering upon the duties
and services [? ? ] upon us as commissioners we were all sworn or affirmed
agreeably to the directions of the law in such cases made and provided
And we do further Certify and report that the foregoing are all the
lands and real estate of the said Zacheus Brown [1] deceased which was devised
and bequeathed by the last will and testament of said deceased with the said
Zacheus J. Brown [2] & Jacob Brown known unto us -- In Witness whereof we have
hereunto set our hands and seals this first day of march AD 1834
[Stacy Lloyd] [SEAL]
[George Grier] [SEAL]
[Dalymore Harris] [SEAL]Decreed on March Term
1834
D. Hurley Reg r[Maps number 1 and number 2 were attached.]
...
[See Notes of Zaccheus J. Brown, Jr. (RIN 142) for later descriptions
of the land (re. Job Dixon).
"Zacheus Jefferson Brown" of Salem and Eliza Fogg of "Hancock"['s Bridge] were
married by "Joseph Sheppard minister of the Baptist Church of the town and
county of Salem..." on 26 Mar 1826.Eliza (Fogg) Brown was widowed when her children were aged 2, 3 and 5. She
remarried about a year and a half later to Abner Penton and had four more
children. About twenty years later, she married Firman Blew -- no children.
It is not known what happened to Abner Penton, but Eliza outlived her first
and third husbands."Mr. Abner Penton of Mannington township Salem Co [was married] to Mrs. Eliza
Brown of Lower Alloways Creek... by me Charles J. Hopkins P.B. [ Pastor
Baptist] Church Salem NJ".Eliza [(Fogg) Brown] Penton is mentioned in the 10 Mar 1845 will of her
grandmother, Hannah (Ware) Fogg wherein she appoints William Carpenter of
Elsinborough to be "trustee of my granddaughter Eliza Penton's share of my real
and personal estate while she remains the wife of Abner Penton the whole
control of said share and I hereby invest him with full power and authority to
rent out her portion of my real estate and pay over to her the yearly profits
after the necessary expenses is paid." It would appear that Hannah did not
trust the husband of her granddaughter in the handling of her 1/3 share of the
estate. Abner Penton is named as defendant in suits of 1844 and 1845 wherein
the guardianship for Eliza F., Ebenezer and Zaccheus Brown -- minor children of
Zaccheus J. Brown, deceased, and Eliza -- is taken away from Abner and wherein
his accounts are ordered to be opened for "fraud and mistake". In the March
1845 Term of the Salem County Orphan's Court exceptions to the accounts were
filed (later granted) at which time it was stated that "Abner Penton is not a
resident in the State of New Jersey". Perhaps a divorce ensued?Eliza Penton is mentioned in the 1835 will of her father, Ebenezer Fogg.
"Married on the 5th inst. by the Rev. John P. Cooper, Mr. Abner Penton to Miss
Rachel Stratton, both of Mannington." (From the Washington Whig, 19 May 1817.)"Mr. Abner Penton of Mannington township Salem Co [was married] to Mrs. Eliza
Brown of Lower Alloways Creek... by me Charles J. Hopkins P.B. [ Pastor
Baptist] Church Salem NJ".Resided Mannington(?) Twp., Salem Co., NJ. It appears that Abner Penton
was first married 5 May 1817 to Rachel Stratton of Mannington before marrying
Eliza (Fogg) Brown, but there were several Abner Pentons in the history of
Salem Co., NJ so this could be someone other than the second husband of Eliza.
The New Jersey census of 1840 records an Abner Penton in Mannington Twp., Salem
County with 3 males under five (Abner C., Burton, and William J.), 1 female
five-ten (Rachel), 4 males ten-fifteen (Ebenezer Brown, Zaccheus Brown, and 2
Penton boys by a prior marriage?), 1 female ten-fifteen (Eliza Brown), 1 female
fifteen-twenty (a Penton girl by a Prior Marriage?) and the parents -- Eliza
twenty-thirty and Abner thirty to forty. (This interpretation fits the data
for all the known children except Abner C. Penton who should have been seven.)William and Burton are significant names in Abner's ancestry, the latter being
the maiden name of Mary who married William Penton, Jr. ca 1692. This Williamis the son of the immigrant William Penton who was in America as early as 1675.Eliza (Fogg) Brown was widowed when her first children were aged 2, 3 and 5.
She remarried about a year and a half later to Abner Penton and had four more
children. About twenty years later, she married Firman Blew -- no children.
It is not known what happened to Abner Penton, but Eliza outlived her first
and third husbands. Abner retained an attorney from "Washington City, the
District of Columbia" in the course of some proceedings described below.Eliza [(Fogg) Brown] Penton is mentioned in the 10 Mar 1845 will of her
grandmother, Hannah (Ware) Fogg wherein she appoints William Carpenter of
Elsinborough to be "trustee of my granddaughter Eliza Penton's share of my real
and personal estate while she remains the wife of Abner Penton the whole
control of said share and I hereby invest him with full power and authority to
rent out her portion of my real estate and pay over to her the yearly profits
after the necessary expenses is paid." It would appear that Hannah did not
trust the husband of her granddaughter in the handling of her 1/3 share of the
estate. Abner Penton is named as defendant in suits of 1844 and 1845 wherein
the guardianship for Eliza F., Ebenezer and Zaccheus Brown -- minor children of
Zaccheus J. Brown, deceased, and Eliza -- is taken away from Abner and wherein
his accounts are ordered to be opened for "fraud and mistake". In the March
1845 Term of the Salem County Orphan's Court exceptions to the accounts were
filed (later granted) at which time it was stated that "Abner Penton is not a
resident in the State of New Jersey". Perhaps a divorce ensued?The following is in regard to a son of Abner Penton:
Abner C. Penton is a son of Abner Penton, by a prior marriage. He was born
4 Mar 1832 at Bridgton, Cumberland Co., NJ., died 25 Feb 1905 at Wilmington,
New Hanover Co., NC and was buried the next day in Oakdale Cemetery,
Wilmington, NC. His wife, the former Mrs. Emily F. Blew, preceeded him in
death on 6 Oct 1904.Abner C. is not a son of Eliza (Fogg) Brown Penton, although she mentions him as
a son in her will. On the 1900 census, Abner C. Penton says his father and
mother were both born in England, whereas Eliza was born in New Jersey. Also
the 24 Mar 1835 will of Ebenezer Fogg (father of Eliza) names Rachel Penton
(Eliza's daughter, born about 1835) as an heir, but not Abner C. Penton. Named
as well in that will were the three children of Eliza and Zaccheus J. Brown.Occupation: Ship's Master and U.S. Shipping Commissioner for the Port of
Wilmington, NC.Member of the Baptist Church.
See "Notes" for Samuel Holladay (RIN 279) for possible ancestors.
Transferred church membership to Canton Baptist Church in Jan 1836.
(Acquired October, 1985, Salem Co. Courthouse, Salem, NJ.)
Will of James Holladay, dated 12 Aug 1869 and proved 7 Sep 1878:James Holladay deceased
In the name of God Amen
I James Holladay of the Township of Lower Alloways Creek County of Salem and
State of New Jersey being of Sound mind memory and understanding do make and
publish this as my last will and Testament as follows
First I order my just debts and funeral charges to be paid as soon as
conveniently can be after my decease 2nd I order all my property both Real
and personal to be Sold and disposed of and the money arising therefrom to be
placed at interest on good security and the income thereof given to my widow
during her natural life for her maintenance and support
And it is my will after the death of my widow that my property shall be
disposed of in the following manner
First I give and bequeath to my sons Josiah Holladay James Holladay
Samuel N Holladay John Holladay and my grandson Charles S Brown the sum of
five hundred dollars each
2nd I give and bequeath to my daughter Jane Hillyard wife of Mark Hillyard
the sum of four hundred dollars
3rd I give and bequeath to my daughter Sarah Hogate wife of Josiah Hogate and
my grand daughter Emoline Merrion wife of Preston Merrion the sum of one
hundred dollars each
4th I give and bequeath to my grand children William Brown and Eliza Brown
children of my daughter Millicent Brown now deceased the sum of twenty five
dollars each
Lastly I hearby appoint my son James Holladay and my Brother in law Stephen
Smith Executors of this my last will and TestamentSigned published and declared
by the Said James Holladay to [James Holladay]
be his last will in the presence of
us who were present at the Same
time and subscribed our names
as witnesses in the presence of the
testator this twelfth day of August
AD 1869
[Samuel Patrick]
[Ephraim Carll Jr]Salem County ss
Samuel Patrick one of the witnesses to the within will
alleging himself conscientiously scrupulous of taking an oath being duly
affirmed did declare and say that he saw James Holladay the testator therein
named sign the same and heard him publish pronounce and declare the within
writing to be his last will and testament and that at the doing thereof the
said testator was of sound and disposing mind and memory as far as said deponent
knows and as he verily believes and that Ephraim Carll Jr the other
subscribing witness was present at the time and signed his name as witness
to the said will together with this deponent in the presence of the testatorAffirmed and subscribed before me at [Samuel Patrick]
Salem this 7th day of September AD 1878
[Geo R Morrison Sgt] [Surrogate]Salem County ss
Stephen Smith acting Executor in the within testament named
being duly Sworn did depose and Say that the within instrument contains the
true last will and testament of James Holladay the testator therein named so
far as he knows and as he verily believes and that he will well and truly
preform [sic] the Same by paying first the debts of the said deceased and then
the legacies in the Said testament specified so far as the goods chattles
and credits of the said deceased can thereunto extend and that he will make and
exhibit into the Surrogates Office at Salem a true and perfect inventory of all
and singular the goods chattles and credits of the Said deceased that have or
shall come to his knowledge or possession or to the possession of any other
person or persons for his use and render a just and true account when thereunto
lawfully required
Sworn and subscribed before me this
7th day of September AD 1878 [Stephen Smith]
[Geo R Morrison Sgt]State of New Jersey
County of Salem ss
I George R Morrison surrogate of the County of Salem do
certify the annexed to be a true copy of the last will and testament of James
Holladay late of the County of Salem deceased and that Stephen Smith the
acting Executor therein named proved the same before me and is duly authorized
to take upon himself the administration of the estate of the testator agreeably
to the said will
Witness my hand and Seal of Office the
[SEAL] Seventh day of September in the year
of our Lord one thousand eight-hundred
and Seventy eight
[Geo R Morrison Surrogate]
1
Transferred church membership to Canton Baptist Church in Jan 1836.
From Marriages & Baptisms in Parish of Magheraclumoney, County Fermanaugh:
1) Samuel Evans & Margaret .... had a child [Charles] baptised 13 Aug 1809 at
Glenarn Townland in the stated parish. This must be our Samuel, even though
this baptismal date is prior to the birth date we have for him.2) An Ezekiel Evans & Rebecca ..... had a child [Jane] baptised 9 Mar 1776,
but Ezekiel married Jane Woods [mother of Samuel] 20 Apr 1775 so this must be [?] a different Ezekiel. For now we won't claim Jane as a sister of Samuel, but it is possible that a wife Rebecca would have died in childbirth (Jane) leaving Ezekiel without a wife to raise Jane. Who knows????The Evans family lived at Barryvey (near Drumquin and Castlederg) County
Tyrone, Ulster, North Ireland, Great Britain before leaving for America.
The Charles Evans family sailed from Liverpool in Oct 1853, arriving in New Orleans in Nov 1853 and then up the Mississippi River to Pike County, Illinois. It was on the riverboat, 30 miles south of St. Louis*, that the wife and mother Rebecca (Irwin) Evans died. After her burial there in the river, the family was transported on to Pike County where they settled near Pittsfield. Charles Evans, the father, then remarried in order to have help in raising the eight children -- ranging in age from 3 to 15 years. It was just about four and one half years later when the grandmother, Margaret (Mitchell) Evans, died at Pittsfield, the grandfather, Samuel Evans, having died six years earlier (and before the arrival of the Charles Evans family). It would seem that Charles might have needed some help by now, but apparently he and his second wife and helper, Mrs. Catherine Russell, had by this time already experienced a parting of the ways -- the date of the judgment for their divorce having been 21 Sep 1858. (However, see below.) There was a stepson, Alexander Russell (b. 1823c in OH).*Susan O. (Mowry) Masters says in her EVANS' FAMILY RECORD, "Lived at Castle Dergh [Castlederg], Downquin [Drumquin], Co. Tyrone, Ireland. Came to America 1853 bringing their 8 children. They sailed for Pittsfield, Pike County, Illinois, and while coming up the Mississippi River, Rebecca, his [Charles'] wife, died and was buried just before they landed at Cairo, Illinois. 1865. They came to Aetna Township, Logan County, Illinois."
[Cairo is much more than 30 miles south of St. Louis -- more like 130 miles.]This divorce was apparently "called off" (or postponed) as indicated by the following four court records:
I. State of Illinois | In Circuit Court
Logan County | ss To January Term
| A.D. 1874To the Hon. Lyman Lacey, Judge of the 17th Judicial Circuit in the State of Illinois:
"Your oratrix Catherine Evans would respectfully represent and show unto your honor that about the year 1856, at the County of Pike in the State of Illinois she was joined in marriage with one Charles Evans and that oratrix and the said Charles Evans resided and lived together as husband and wife in said County of Pike aforesaid until about ten years ago, when they removed to Logan County, Illinois, where they have ever since resided living together as husband and wife until about one month ago
"Oratrix says that during all the time she and the said Charles Evans resided together as husband and wife she has been to him a true and loving and affectionate wife and during all that time labored hard to assist said Charles Evans in accumulating the property of which he is now possessed.
"Your oratrix would further show unto your honor that ever since the time of the said marriage the said Charles Evans has treated your oratrix unkindly and has often threatened to take her life. That he has often struck her and threw clubs and sticks of wood at her.
"Oratrix further shows that the said Charles Evans has always refused to provide proper and suitable clothing for oratrix, and she has been compelled to go barefoot for want of a pair of shoes, which said Charles Evans refused to provide for her, and that he has refused to provide suitable provisions for oratrix, so that she would have suffered for food and clothing only for the Charity of her neighbors and friends who for years have been kind enough to provide for her.
"She further says that in sickness he has failed to provide her necessary nourishment and care and that late in the fall of 1873, she was taken sick, and was compelled to go to her son-in-law's home in Pike Co. in this State, in order to obtain care and nourishment during her sickness. Oratrix states that she returned home from Pike Co. on Dec 7th, 1873, and instead of being welcomed home by her husband she only met with scandalous abuse and that on the 8th day of the same month she was locked out of her husband's house by him in the evening and only got shelter during the night by entering the house through the window, her husband having left the house and not returning until between ten and eleven oclock. That she was again locked out the next evening when she went to a neighbor's house and stayed during the night and have ever since been staying with her neighbors and depending on their Charity. Oratrix further states that on Sunday the 28th Dec last she again went to her husband's home when he was at home and was refused admittance by him. She further states that the conduct of her husband has of late been obscene and outragious and that his conduct towards her has been such as should never characterize the conduct of a husband towards a wife.
"Oratrix further says that a short time ago her said husband caused to be inserted in a paper published in Logan County a notice to all parties not to trust oratrix on his account thereby, as your oratrix believes, endeavoring to deprive oratrix of all means of support.
"That years ago she was driven from home by her said husband and returned on his promise to treat her better, which said promises she hoped would be fulfilled, but his conduct has not improved but if any change became worse.
"Your oratrix further asys that she is now living separate and apart from her said husband without her fault and without any means of support.
"Oratrix further says that the said Charles Evans is the owner of about 240 acres of land in Logan County of the value of $12,000 and she is informed believes he has personal property to the value of $8000.00.
"In tender consideration of all which and inasmuch as your oratrix is without remedy at Common law, the strict rules thereof precluding her, she asks your Honor to take full cognizance of this cause, that the said Charles Evans may be made defendant herein, and that he may be summoned, and required to answer all the allegations of this bill (but not under oath) his oath being hereby waved; and that upon a final hearing hereof your honor may order adjudge and decree that the said Charles Evans be required to pay to your oratrix, quarterly or at such times as your honor may direct, such sum or sums of money as may be necessary for the proper support and maintenance of your oratrix, and grant unto your oratrix such other and further relief in the premises, as to your honor may seem just and equitable. And inasmuch as your oratrix fears that the said Charles Evans may dispose of his property before the determination of this suit she asks that he may be enjoined from disposing of or in any way encumbering his real estate."
her
Catherine X Evans
markState of Illinois,
Logan CountyCatherine Evans being duly sworn says that the allegations contained in the above bill are true to the best of her knowledge and belief.
her
Catherine X Evan
markSubscribed and sworn to before me this 7th day of January A.D. 1874.
Timothy T. Beach
Master in ChanceryThe Clerk of the Circuit Court will issue a writ of injunction, enjoining and restraining the said Charles Evans from diposing of or in any way encumbering his real estate, as in said bill prayed - until the further order of the Circuit Court in the premises, The Honorable Lyman Lacey, Judge of said Court not being in Logan County.
Timothy T. Beach
Master in ChanceryFee $5.00 NOT PAID
_____________________________________________________________________________
II. Catharine Evans | Chy 1304
vs | Divorce
Charles Evans |To The Honorable Lyman Lacey Judge etc.
The undersigned to whom was referred the above cause to take the evidence therein would respectfully report the following additional evidence taken before us by agreement of_________, this 1st day of February A.D. 1875 present. Ed Luck Complainants Solicitor and Wm. Randolph defendants Sol.
William C. Holmes a witness produced by the Defendant after being first duly sworn upon his oath deposed and testified as follows to wit:
"My name is William C. Holmes my age is 31 years. With no cook whatever with a harvest on his hands and wanted my wife and myself to come there and help him through. When we reached there his wife was gone. She was then in Pike County State of Illinois. I saw her there some time before I came to Mr. Evans'es I think some time about the first of June and I came in August.
"Mrs. Evans came home in the latter part of February following. That was the first I saw of her after I saw her in Pike County.
"When she came home she did not offer to do anything while we remained there in the way of house work. I think she boarded with us until we left but am not positive. She [did] not remain at home more than half of the time while we were there. She was treated kindly while there. Mr. Evans was at home during that time, and treated Mrs. Evans kindly so far as my knowledge goes of his treatment of her. Mr. Evans had everything in the house to make his wife comfortable and his home pleasant. After leaving Mr. Evans house we moved about one quarter of a mile from him and lived there until one year ago last March.
"While we lived within a quarter of a mile from Mr. Evans we were there quite frequently, as much as once or twice a week on an average, sometimes we were there every day for a week or so and during the farming seasons we were not there as frequently.
"During all of that time Mrs. Evans was not at home half of the time. When she was away from home, for and during the first part of the time Mr. Evans and his son cooked and did for themselves as best they could, but afterwards they came to my house and boarded until the son got married and then Mr. Evans lived with him. Jesse Bailey moved into a part of the house, Mr. Evanses after we left there. While Mr. Bailey was there Mrs. Evans was sick a part of the time and Mr. Evans had girls to wait upon her whenever he could get them and my wife was there part of the time backwards and forwards between the times that he had girls, he had 3 or 4 different girls. During the time that I have known them they had hard words between them and she was treated by Mr. Evans much better than he was treated by her. She always gave him three words to his one and frequently dared him to strike her. I have seen her follow him from the house to the stable, cursing him and shaking her fist under his nose, trying to get him to strike her. I never saw him, at such times, treat her in any other way than to go ___ ______ ______ horse ______.
"During the time of the sickness of Mrs. Evans, Mr. Evans kept cows that were giving much milk at that time. I know of Mrs. Evans coming to town and buying goods some few times. She had the priviledge of coming whenever she wished. She came to town with me for that purpose several different times and I at different times brought butter and eggs to town for her. The last time she left she took the last chicken that could be caught upon the place ____, to town and sold them. Both James Evans and myself helped to catch them for her.
"During the time that we lived there by them Mrs. Evans did not dress as well as her neighbors but it was because she would not dress as others did and not because she could not get the dress. She always tried to make it appear to her neighbors that she was mistreated.
"I know of there being plenty of provisions taken there for the use of the family and if anyone went there they were never brought forward but always kept out of sight. I have very frequently brought provisions there at the request of Mr. Evans. I know that Mrs. Evans stated that she went bare footed for the want of shoes but she could have had shoes if she wanted them. I know that Mrs. Evans came to town and bought goods and I know that she had the priviledge of doing so whenever she wanted to and she could have bought shoes if she had wanted them. A great deal of the time Mrs. Evans was around in the neighborhood away from home, but where I could not say - You could seldom find her there at meal times and could find her there between the meals and if there was hired help in the harvest fields she was away all the time at meal times."
Wm. C. Holmes
Subscribed and sworn to before me this 1st day of February A.D. 1875.
Timothy T. Beach
Master in ChanceryAnd this was all the evidence taken at this time, all of which is respectfully submitted this 1st day of February A.D. 1875
Timothy T. Beach
Master in Chancery_____________________________________________________________________________
III. 1470
Charles Evans
vs
Catharine Evans <<<<<< handwritten on outside sheetBill for divorce
Filed Jany 1st 1876
Andrew McGalliard
ClkTo The Honorable Lyman Lacey Judge of the Circuit Court of the County of Logan in the State of Illinois,
In Chancery sitting"Your orator Charles Evans of the said county of Logan respectfully represents unto your honor, that he is an actual resident of the said county of Logan and now is and has been for twenty years last past a resident of the State of Illinois; and that about the year 1856 at the County of Pike in the State of Illinois, he was lawfully married to one Catharine __________ now Catharine Evans, the defendant hereinafter named, and from the time of said marriage until some time in the fall of 1878 he lived and cohabited with the said Catharine Evans as her husband whenever she would stay with him; and always conducted himself towards his said wife as a true, kind and indulgent husband, and provided her with all the necessaries and comforts of life according to the best of his ability, and their situation in life.
"Your orator further represents that the said Catharine Evans wholy regardless of her marriage covenants and duty afterwards, and for more than two years previous to the 30th day of December 1875, she willfully deserted and absented herself from your orator without any reasonable cause, for the space of two years and upward; and has persisted in such desertion, and yet continues to absent herself from your orator; your orator further represents that during the interval from the time at which he was married to the defendant until the time of their final Separation in the fall of 1873, the said defendant willfully absented herself from your orator for months at a time and even for a full year at a time and with out any reasonable or just cause.
"Forasmuch therefore as your orator is without remedy in the premises except in a Court of equity; and to the end that the said Catharine Evans who is made a party defendant to this ____ may be required to make full and direct answer to the same [though?] not under oath her oath being waived; and that the marriage between your orator and the said Catharine Evans may be dissolved and declared null and void by decree of this court, according to the statute in such cases made and provided; and that your orator may have such other relief in the premises as equity may require and to your honor may seem meet.
"May it please your honor to grant the writ of summons in Chancery directed to the Sherif of the said County of Logan commanding him that he summon the defendant Catharine Evans to appear before the said court on the first day of the next January term thereof to be held at the Court house in Lincoln in the County of Logan aforesaid and then and there to answer this bill ect."
Randolph & Sentz
Complainant soliciters_____________________________________________________________________________
IV. State of Illinois | SS Circuit Court
Logan County | to the January Term 1876Charles Evans | 1470 Chcy
vs | For Divorce
Catharine Evans |January 21, A.D. 1876
And now on this day this cause being called and it appearing to the Court that a writ in due favor of law was issued herein for the defendant Catharine Evans returnable to the January Term A.D. 1876 of this court to the Sheriff of Logan County to Execute and that said writ was duly seved upon said defendant by said Sheriff reading the same to her and by delivering to her a true copy therof more than ten days before the first day of this Term of this Court -
And now on this day comes the defendant by her solicitors and moves the cause - for leave to answer the Bill herein filed against her by Wednesday next which motion being heard and considered by the Court is granted and the defendant is given until next Wednesday to file her answer to said Bill.
January 31, A.D. 1876
And now on this day cause being called and it appearing to the Court that the defendant Catharine Evans had not appeared to answer to said cause and being now three times solemnly called in open court comes not nor makes answer nor anyone for her, but herein wholly makes default - whereupon said Bill is taken as confessed by her - and this cause now coming on for hearing is tried by the Court upon the Bill & writ and the evidence of witnesses who were sworn and testified in open Court and the Court being now fully advised in the premises from the proofs finds
That the allegations of said Bill are true - That about the year 1856 the complainant and defendant were lawfully married in the County of Pike State of Illinois and from that time until the Fall of 1873 they lived and cohabited together as man and wife, and that without fault upon the part of complainant the said defendant for more than two years prior to the filing of this Bill willfully deserted and absented herself from the complainant and has persisted and still continues in such desertion - That they have been residents of the State of Illinois ever since their marriage - That the complainant is willing to pay and the defendant is willing to receive one thousand dollars - in full satisfaction and discharge of her right of allimony and her right of Dower in the premises now owned or to be hereafter acquired by the said Charles Evans -
It is therefore ordered, adjudged and deemed by the Court by virtue of the Statute in such cases made and provided that the marriage by and between the complainant Charles Evans and the defendant Catharine Evans be dissolved - and the same is hereby dissolved accordingly and the said parties and each of them be and they are hereby forever released from the obligations thereof - It is further ordered and decreed by this Court - by virtue of the agreement of the parties hereto - That the complainant pay to the defendant the sum of one thousand Dollars - and that upon such payment that the defendants right of Allimony and her right of dower on the premises now owned or to be here after acquired by the complainant be fully satisfied and discharged - It is further ordered by the Court that the complainant Charles Evans pay the costs of this cause within twenty days from this date and that upon default thereon that an Execution issue herein therefore with the same force and effect as an execution issued upon a judgement-at-law obtained in this Court - And this cause is stricken from the Docket -
Lyman Lacey
Judge_____________________________________________________________________________
By 1865, when most of the surviving five children of Charles and Rebecca Evans were raised, Charles and some of his family moved on to Logan County, Illinois. Most of the family members were either buried (or have memorial stones erected) in the little Harmony Cemetery, at the site of the Harmony Church, in Aetna Township near Lincoln, Logan Co., IL.According to a petition filed for letters of administration, Charles Evans died "at his home" "on or about" 22 Sep 1880. On his tombstone the date of death is given as 21 Sep 1880.
...
"Petition of Lydia J. Evans in the matter of the Estate of Charles Evans
deceased, for Letters of Administration"To the Hon. S. A. Foley Judge of the County Court of Logan County, in the State of Illinois.
The Petition of the undersigned Lydia Charles(lined through Charles) Evans
respectfully represents that Charles Evans late of the County of Logan
aforesaid, departed this life at his home in said County, on or about the 22
day of September A.D. 1880, leaving no last will and testament as far as your
petitioner know or believe.
And this petition further shows that the said Charles (spelled Charls) Evans
died, seized and possessed of Real and Personal Estate, consisting chiefly of
corn and stock - household and kitchen furniture - notes and accounts, all of
said personal estate being estimated to be worth about five thousand dollars.
That said deceased left surviving him Lydia J. Evans his widow and Saml. Evans - John W. Evans - James Evans - Heirs of Jane Holmes decd. and Eliz. Mowry his children as heirs. That your petitioner (being widow of said deceased,) and believing that the said estate should be immediately administered, as well for the proper management of said Estate as for the prompt collection of the assets, by virtue of her right under the Statute I therefore pray that your Honor will grant Letters of Administration to Francis Keys in the premises, upon his taking the oath prescribed by the Statute, and entering into bond in such sum and with securities, as may be approved by your Honor.(Signed) Lidye J. Evans
STATE OF ILLINOIS)
)ss
Logan County, ) Lydia J. Evans
being duly sworn, deposes and says that the facts averred in the above petition are true, according to the best of her knowledge, information and belief.Sworn to and subscribed before me,)
William Toomey )
Clerk of the County Court of Logan)
County, this 11th day of )
October A.D. 1880 )
William Toomey Clerk. ) (Signed) Lidya J. Evans...
STATE OF ILLINOIS)
)ss To the Judge of the County Court
Logan County, )
of Logan County, Feby Term, A.D., 1883The undersigned, Saml Evans Co administrator
of Estate Charles Evans deceased, would
respectfully submit to the Court the following supplement to his final report
herein. I charge myself with the following, to-wit:To amount of 220
Error in last and final report
in the item of John T. Jenkins
for munument, having taken
credit for same in former report.ask to be credited with the following payments to Creditors of
Deceased, as per vouchers herewith submitted:By amt of Coms of 360.
Reported in final report
but not credited therein
with --- Coms. 21.60. . . .
Estate of Charles Evans Deceased.
A D M I N I S T R A T O R ' S O A T H
STATE OF ILLINOIS,)
)ss.
Logan County. )In County Court, Term. A.D. 18
We Do Solemnly swear that we will well and truly administer all and singular
the goods and chattels, rights, credits and effects of Charles Evans
Deceased, and pay all just claims and charges against his estate so far as
his goods, chattels and effects shall extend, and the law charge us and that we will do and perform all other acts required of us by law, to the best of our knowledge and abilities.
Francis KeysSamuel Evans
Sworn to and subscribed before me this 12th)
day of October A.D. 1880, in County Court. )
William Toomey Clerk of the County Court. ). . . .
When Lydia (widow) signed the receipt for her inheritance 5 May 1883, she
was Lydia J. Sample, indicating that she had married again following the death of Charles Evans. In the Harmony Cemetery mentioned earlier in these notes, we found that Lydia and Andrew Sample were buried in the same general location as the Mowry and Evans families.
The Evans family lived at Barryvey (near Drumquin and Castlederg) County
Tyrone, Ulster, North Ireland, Great Britain before leaving for America.
The Evans family removed to America about 1853, through New Orleans and up
the Mississippi River to Pike County, Illinois. It was on the riverboat,
30 miles south of St. Louis*, that the wife and mother Rebecca (Irwin) Evans
died. After her burial there in the river, the family was transported on to
Pike County where they settled near Pittsfield. Charles Evans, the father,
then remarried in order to have help in raising the eight children -- ranging in age from 3 to 15 years. It was just about four and one half years later when the grandmother Margaret (Mitchell) Evans died at Pittsfield, the grandfather Samuel Evans having died six years earlier (and before the arrival of the Charles Evans family).*Susan O. (Mowry) Masters says in her EVANS' FAMILY RECORD, "Lived at Castle Dergh [Castlederg], Downquin [Drumquin], Co. Tyrone, Ireland. Came to America 1853 bringing their 8 children. They sailed for Pittsfield, Pike County, Illinois, and while coming up the Mississippi River, Rebecca, his [Charles'] wife, died and was buried just before they landed at Cairo, Illinois. 1865. They came to Aetna Township, Logan County, Illinois."
[Cairo is much more than 30 miles south of St. Louis -- more like 130 miles.]
Notes of Michael Evans/George Irwin: One child, Jane Evans, is missing in these notes and several other serious errors are present.From the notes of Margaret Buehrig, Rebecca's father was Alexander Irwin and she may have also had a brother, Alexander. Marian Stone and George Irwin agree with each other that this is in error about the father of Rebecca and that his name was Charles, son of Christy Irwin and ___________ Rutledge.
Resided Mt. Hope area, Crosby Twp., Hamilton Co., OH.
from 1880 US Census:
Name: Cyrus Boyles
Residence: Hogan, Dearborn, Indiana
Birth date: 1854
Birth place: Ohio, United States
Relationship to head-of-household: Son
Spouse name:
Spouse birth place:
Father name:
Father birth place: Pennsylvania, United States
Mother name: Mary Boyles
Mother birth place: Kentucky, United States
Race or color (expanded): White
Ethnicity: American
Gender: Male
Marital status: Married
Age: 26 years
Occupation: Farmer
NARA film number: T9-0272
Page: 108
Page letter: B
Entry number: 3428
Film number: 1254272
Collection: 1880 United States Census
a 12 year old Edward Crail (in March 1817) was being assigned a guardian,
whose name was Thomas Moore (p. 342)
Abstract of Book 1 and Book A
Probate Record 1791 - 1826
Hamilton County, Ohio
James Charlton's name [Charleton] appears on a petition dated 10 Oct 1809 of
some "Inhabitants of Whitewater" to the Surveyor General asking that Emanuel
VanTrees be appointed to survey lands near the Whitewater River. James' 1810
patent was for land in Butler County about 9 miles east of the Whitewater
(and about 9 miles west of the Great Miami River).James Charlton was on the Butler County, Ohio tax list recorded 15 Sep 1810,
but was not on the 1806 list. (Early Ohio Tax Records, Compiled by Esther
Weygandt Powell, 1971.)Tradition holds that James Charlton came from England, but was probably not
a British soldier. He would have been too young (born 1763) to have been
involved in the Revolutionary War and he was in Ohio before the War of 1812.
(There was a John CHARLTON - probably not related - who was listed as a
pensioner of Anderson, Hamilton Co., OH. He was aged 78 on 1 Jun 1840 and
had been born - 1762 ca - in New Jersey.)...
PATENT. U.S. to J. Charlton Rec'd & Recorded Aug 22 [1812]:
James Madison, President of the United States of America, to all to whom these
presents shall come greeting know ye that James Charlton assignee of Samuel Lee
having deposited in the treasury a certificate of the Register of the land
office at Cincinnati whereby it appears that full payment has been made for the
North West quarter of lot or Section number thirty three of township number
three in range number one (East of a Meridian line drawn from the mouth of the
Great Miami river) of the lands directed to be sold at Cincinnati by the act
Congress entitled "an act providing for the sale of the lands of the United
States in the territory North West of the Ohio and above the mouth of Kentucky
river and of the acts amendatory of the same, there is granted by the United
States unto the said James Charlton the quarter lot or Section of land above
described to have and to hold the said quarter lot or Section of land with the
appurtenances unto the said James Charlton his heirs and assigns forever. In
testimony whereof I have caused these letters to be made patent and the seal of
the United States to be hereunto affixed.
Given under my hand at the city of Washington the third day of October
[Seal] in the year of our Lord one thousand eight hundred and ten and of the
Independence of the United States of America the 35th.
By the President
R. Smith Secretary of State James Madison
...According to Roscoe Powers, Jr., James Charlton "ran a distillery".
...
The State of Ohio, Butler County ss
At a Special Court of Common pleas holden at Hamilton in the County aforesaid
on the twenty seventh day of October 1827.
Before Henry Weaver
Daniel Millikin Esquires Associate Judges
& John Knoxp.471/2
James Charlton deceased
Butler County ss. Be it remembered that on application Mary Charlton Widow and
William Drybread a son in law of the deceased having relinquished etc Adminis-
tration of all and singular the goods and chattels, rights and credits which
were of the said James Charlton late of the County aforesaid deceased is
granted unto William Bebb Junior who with Edward Bebb and William Vaughan his
sureties are bound to the State of Ohio in the sum of One thousand dollars
Ordered that Hugh Smith George Yeager and Alexander Dearmond be the appraisers
etc.
Courts fees Letters etc $3.30
Deposited in part $1.50...
RECORD OF INVENTORIES
[recorded] 1828 Charlton James January 5th p.385-387
The State of Ohio Butler County ss
On the third day of November one thousand eight hundred and twenty seven
Alexander Dearmond Hugh Smith & George Yeager appraisers of the Estate of Jas.
Charlton deceased late of Morgan township in said County Personally appeared
before me a justice of the peace in and for said county and were duly sworn
according to Law well and truly to appraise all the Goods & Chattels which were
of the estate of the s'd decedent that shall be presented to them by the
administrator. Given under my hand and seal the day and year above written.
Wm Bebb junr. [seal]
A true and correct inventory of the goods and Chattels of James Charlton
late of Morgan township Butler, Ohio, deceased presented to us the undersigned
appraisers of said estate by Wm Bebb junr. Administrator of said estate this
3rd day of Nov 1827 --
[lengthy list provided by the appraisers totaling $716.50]
Debts due the estate
[seven, totaling $94.75]
Most if not all of these notes except the one on Mr. Blackburn are not
likely to be collected some of the persons are gone the others are known to be
insolvent.
The only Book accounts kept were chalk marks on the walls of the house.
These "Hyeroglyphicks" have been transcribed and may be of some use against
honest men - but as rogues would probably compel us to produce the "Original
Entries" in court if we attempted to enforce them - we will pass them in
silence, make the best we can of them & report accordingly.
Wm Bebb junr., Adm.
Was probably raised as a Quaker.
The book on the Sharples family by Gilbert Cope gives an extensive history
of the Passmore family and its association with the Sharples family.Some records show that the Passmore family, including Mary, resided in Cecil
County, MD. Mary stated in the 1860 census that she was born in Pennsylvania.
This apparent discrepancy is possibly explained by the fact that early
residents of the area did not know, for sure, where the line was between the
two states. They were sometimes listed as being residents of Pennsylvania and
other times as being of Maryland -- without ever having actually moved. We
surmise that the Passmores were never residents of Maryland.In the early 1800's, the only established church in the vicinity of the
residence of the Charlton family was the Baptist Church in Crosby Township
near Harrison. This is where they probably attended church, there being no
Quaker meetings nearby, and it also is where they were buried.
The Clyde Brown History calls him "John H. Brown". We feel the "H" is in
error.John was born in South Carolina and was the youngest child. The family moved
to Hamilton Co., Ohio immediately thereafter (apparently).Occupation: farmer. For several years, he was a member of the Harrison, Ohio
School Board.Matthew, John's father, and some of John's siblings had left Ohio by about 1822.
It was not much later that Matthew, his other sons and most of his daughters
were found in Indiana. Presumably, John was left in possession of the original
homestead in Ohio. At any rate, John and his own family are found in the 1840,
1850 and 1860 census reports for Crosby Twp., Hamilton Co., Ohio. In the 1870
census return, he was listed in Harrison Twp. of that county and in the 1880
census John's widow Sarah was listed with her son Thos. J. Brown in the same
location. (This seeming change of location for John was really a change in the
name for that part of Crosby Twp.)Abstract of Book 1 and Book A
Probate Record 1791 - 1826
Hamilton County, OhioSep 1824 p. A277
Clark Wheeler, dec'd
Admrs: William Ferris, Benjamin Franklin Looker
Sec: John Herran, Othniel Looker
Apprs: Henry White, David Atherton, JOHN BROWN1840 Census:
John Herin - 1 male b. 1770 to 1780 [John?], 1 male b. 1810 to 1820,
1 male b. 1825 to 1830, 1 female b. 1870 to 1880 [Rebecca?],
1 female b. 1810 to 1820, 1 female b. 1830 to 1835
(next residence listed was that of John and Sarah Herrin Brown)
(2 residences away was Amos Pharris [with wife Elizabeth?] -- an
Amos Phares died 21 Dec 1846 "In the 43rd year of his age",
hence b. 1804 ca; two young children of A. & Eliz. Phares are
buried nearby, viz., John b.?,d.? and Elizabeth, died 9 Mar 1840
"In the 5th year ..." hence b. 1836 ca and probably not in the
1840 census because she died in March of that year)
Amos Pharris - 1 male b. 1800 to 1810 [Amos?] with a female b. 1800 to
1810 [Elizabeth?], 1 male b. 1835 to 1840, 1 male b. 1825 to
1830, 1 male b. 1810 to 1820, 1 female b. 1835 to 1840
1850 John Herron 73, Rebecca 70; John Connor 23
(Next door to John and Rebecca Herron to one side was John and
Sarah (Herrin) Brown and to the other was Elizabeth Pharis.)
Elizabeth Pharis 40 [b. OH], Gernisia (Jarusha?) 12, Naoma (Norma?) 9,
William 7, Richard 5, Charles 5; John Mester 271860 Elizabeth Farris 50 [b. OH], Jarusha (Gernisia?) 22, Norma (Naoma?) 18,
William 16, Charles 14, Richard 14; Andrew Dwiar 25,
and Rebecca HERRON ! 80
(Next door to Elizabeth was John and Sarah Brown. Also next to
John Brown was the family of John H.[Herrin] Brown.)[The variations in the spelling of the name Phares/Pharris/Farris are due to
the census returns and tombstone inscriptions.].
CONCLUSION It would appear likely that Elizabeth Phares was the wife of Amos
Phares and was the daughter of Rebecca and John Herrin. Also that Sarah
(Herrin) Brown was a daughter of Rebecca and John Herrin. The Phares' had
named a son John (died young) and the Brown's had named a son John Herrin
Brown and a daughter Rebecca (died young).
If Elizabeth Phares WAS the sister of Sarah (Herrin) Brown, then
the Herrin family would have been in New Jersey 31 Aug 1807 (when Sarah was
born) and in Ohio circa 1810 (when Elizabeth was born). The dates and
places of birth are according to census returns for 1850 and 1860 and from a
tombstone inscription.
We do not know the birthplace of Sarah, but New Jersey was listed in census
returns as the state in which she was born."Source-Harrison News, 29 Jun 1899:
Sarah Herrin Brown died [June 24] 1899, born 31 Aug 1807, NJ; she moved with
parents to Butler Co., OH and then to Hickory Flats, near Harrison, OH in
1818. She married John Brown 2 Dec 1824 and had seven children. They belonged
to the Presbyterian Church. John died 30 Aug 1874. Sarah lived with her son.
She was almost 92 years old. She three sisters: Elizabeth Phares, Hannah
Arnold, and Susan Penny." [copied from a letter from Dick Weightman]The Browns were apparently associated, early on, with the Baptists. This was
the only church accessible to them in that area in those times, but later they
became affiliated with the First Presbyterian Church of Harrison in that
village. It should here be noted that the Baptist Congregation "divided on the
mission issue" (see below) before the Civil War. The "Register of Communicants"
retained by the First Prebyterian Church in the village of Harrison lists
Sarah before 1859. Forty years later is the following note: "Mrs. Sarah Brown,
wife of John Sen. mother of Jefferson died June 24, 1899". An entry for
Thomas Jefferson Brown in that register states "Jefferson Brown [date of ad-
mission] Jan 11, 1865 [how admitted] by examination [Remarks] RR 11/9/1903".
The death of Sarah and John Brown's daughter, Mrs. Jane Charlton, is noted in
the register, as is the 29 Jan 1905 admission by letter of Sarah John (possibly
another daughter).A roadside sign along the road from Harrison to New Haven locates the site of
that early Baptist Church and cemetery. It is in that cemetery that we found
the graves of the Browns, Charltons, Herrins and some of the Boyles and
Conways as well as others of interest. The sign reads as follows:THE OLD BAPTIST CHURCH & CEMETERY
In 1803, the old Baptist Church was erected on this two-acre
plot on the hill overlooking Lee's Creek. A log structure, it
was the first church not only in the area but in the entire
Whitewater Valley. There were no churches in Harrison un-
til 1811 and none in New Haven until 1830. The original
church was replaced by a frame and later by a brick struc-
ture. Before the Civil War, the congregation divided on the
mission issue and the members gradually joined other churches.
Sometime after 1880 the brick church was demolished and only
the cemetery in which many of the pioneer members are buried
now remains. The importance of the old Baptist Church as the
social and religious center in the settlement & development of
the area cannot be overestimated. Later, the cemetery was
deeded to Harrison Township and the township has been pro-
viding for the care since that time.was not on the 1860 census with her family, which was split up by then, with
some of them in Cincinnati's 14th Ward in 1860 in the home of Milton Turrill,
whose wife was Elizabeth (b. about 1837) ! (maybe Elizabeth Penny ?)"Source - Harrison News, 3 Nov 1892:
Mrs. Elizabeth Phares died at home of her son, Richard Phares, in Cincinnati,
OH while visiting there. She was born Paddy's Run, Butler Co., 28 Jan 1810.
Her maiden name was Elizabeth Herrin, age 82 years, 8 months, 29 days. When
but an infant she came with her parents to Hickory Flats and spent her entire
life in Crosby Twp (New Haven area). She married Amos Phares 5 May 1835. He
died 1846. They had seven children, two died in infancy, 4 survive: Naomi,
Charles, William, and Richard. She had 3 sisters: Mrs Susan Penny, Mrs. Sallie
Brown, and Mrs. Hannah Arnold." [copied from a 1992 letter from Dick Weightman]Source - the book, History of Hamilton County, Ohio by Ford,
p.315:
... George W. [Arnold] m'd to Hannah B. Herrin and in Hamilton Co.; ...
In the 1850 census, he states that he was born in Virginia; his son, John P.,
in the census of 1880 says his father was born in SC but in 1900 and 1910 it
was NC. According to an inscription on his tombstone, he was "Aged 69 years"
at the time of his death on 3 Nov 1852.He was a farmer and owned land (1833 to 1852) in Boone County, MO near the
Walnut Grove Church and Cemetery where he and his wife are both buried.Travis Burroughs on 23 Nov 1852 was granted a letter of administration on the
estate of John Burroughs. The relationship of Travis and John Burroughs is not
known. John was born in 1783 and Travis was born in 1808 -- 25 years
difference. They could have been siblings or perhaps uncle and nephew. We
think the latter was the case and our current thinking (1996) is reflected in
the listing of the family of Samuel Burroughs (RIN 17076), the supposed father
of John Burroughs.
49. Sarah "Sally" Ellen P. Johnson/Payne
Sarah named her son "John Payne Burroughs" and on her tombstone is inscribed
the name "Sarah P., wife of J. Burroughs". These two observations lead us to
believe that her maiden name was PAYNE. However, on the death certificate of
her son, John P. Burroughs, the maiden name of his mother is given as "Sarah
Ellen Johnson". The informant for this certificate, J. F. Roberson (son-in-
law of John P.), apparently gave the name "Johnson" but didn't know the first
and middle names, Sarah Ellen, or the birth place (these being added later in a
different handwriting). He also didn't know the first or last name of the
father of John P. Burroughs. All of this puts into question whether the
informant knew any of these facts -- including, in particular, the maiden name
Johnson for the mother of the deceased, John P. Burroughs.Sarah P. Burroughs apparently reported at the time of the 1850 census that her
place of birth was Virginia; her son, John P. Burroughs, reported on the 1880,
1900 and 1910 censuses that his mother was born in Kentucky. On the death
certificate of John P. Burroughs, the (later) informant gave her birth place
as Tennessee. Possibly she was born in what was one of the counties of Virginia
which later became part of the state of Kentucky. The reference to Tennessee
for her birth place does not fit in with anything else and is probably to be
questioned as much as any of the other data given on that certificate.
Buried in the (now desecrated) Drake Cemetery on the farm of Mr. and Mrs. Roy
Raines in southeastern Howard County, Missouri near the town of New Franklin.
The owners of the farm, Roy and Anna Katherine Raines, kindly led us to the
field on their farm where the cemetery had once been and it was there that we
discovered a small pile of tombstones and fragments which included a complete
stone for Elijah Ridgway. A tombstone for Rebecca, wife of Elijah, was not
found by us although we know from the earlier records of a Mr. Kingsbury that
such a stone once stood there, as well as ones for their son and his wife Thomas
and Sarah (Standiford) Ridgway. These people are each ancestors of Doris
(Burroughs) Brown. At the time that Kingsbury walked this cemetery and recorded
the inscriptions on the stones, he described the location as being "on McGavock
farm E. New Franklin". We located "The Kingsbury Collection", which included
all of his work on Howard County cemeteries, at the Ellis Library, University
of Missouri, Columbia, MO. Apparently a tenant farmer had uprooted the stones
and plowed the field. Roy said it had been in its present condition ever since
he owned the land.
Several sources state erroneously that the place of burial was in the cemetery
of the Richland Christian Church in another section of Howard County, MO many
miles distant (for the horse and buggy period of time) from the residences of
those supposedly buried there.
maybe had a sister, Jane, who maybe married William Beaman in 1837 in
Pettis Co., MOBuried in the (now desecrated) Drake Cemetery on the farm of Mr. and Mrs. Roy
Raines in southeastern Howard County, Missouri near the town of New Franklin.
The owners of the farm, Roy and Anna Katherine Raines, kindly led us to the
field on their farm where the cemetery had once been and it was there that we
discovered a small pile of tombstones and fragments which included a complete
stone for Elijah Ridgway. A tombstone for Rebecca, wife of Elijah, was not
found by us although we know from the earlier records of a Mr. Kingsbury that
such a stone once stood there, as well as ones for their son and his wife Thomas
and Sarah (Standiford) Ridgway. These people are each ancestors of Doris
(Burroughs) Brown. At the time that Kingsbury walked this cemetery and recorded
the inscriptions on the stones, he described the location as being "on McGavock
farm E. New Franklin". We located "The Kingsbury Collection", which included
all of his work on Howard County cemeteries, at the Ellis Library, University
of Missouri, Columbia, MO. Apparently a tenant farmer had uprooted the stones
and plowed the field. Roy said it had been in its present condition ever since
he owned the land.
Several sources state erroneously that the place of burial was in the cemetery
of the Richland Christian Church in another section of Howard County, MO many
miles distant (for the horse and buggy period of time) from the residences of
those supposedly buried there.
Resided (probably) Bradford, Yorkshire, England.
Occupation, Grocer.
The following marriage certificate for a son, Joseph, shows the occupation and
probable residence of the father of the groom.Joseph Brown and Mary Pexton were married, per certificate, 1851 in the Parish
Church in the Parish of Bradford in the County of York, England. Our copy of
that record appears to be as follows:
______________________________________________________________________________
| Joseph Brown 18 Bachelor Weaver Bradford Joseph Brown Grocer |
| |
| No.123 23 |
| June |
| Mary Pexton 18 Spinster Weaver Beverley John Pexton Farmer |
|_____________________________________________________________________________|Married in the Parish Church according to the Rites and Ceremonies of the
Established Church, by Certificate by me, W.F.Black, Curate.Signed by Joseph Brown and Mary Pexton; witnessed by William Holmes
& Ephraim Smith.
The 1840 census report shows 8 children in the household. This would have to exclude (at least) Eliza, b. 1842 ca. We know of only 6 prior to Eliza, so there are at least 2 unaccounted for in our records.
From HISTORY OF WILL COUNTY, 1878;
p. 252:
Henry Linebarger settled 1831-2-3.pp. 540, 542:
"Jackson Twp. is one of the earliest settled townships in the county, the date of its first settlement being almost coincident with that of Chicago. Chicago was laid out August 4, 1830, and the first settlement was made at Reed's Grove 6 months later.""The Linebarger colony arrived here from Indiana the same spring with Jenkins [1832]. The company consisted of Henry, John, George and Lewis. The last named, however, settled in the town of Florence, a short distance from the others. They were also Carolinians, and had left there years before and had resided for a time in Indiana, near the Wabash. Of these, Henry Linebarger lived here but 4 years [? 10 years], dying in 1836 (?) [1842]."
supposed to have been "John W. Hibner, Sr.", according to Doris Brown
the birth date is probably the date of Christening
Nancy's last child, Julianna, was born 16 Sep 1836 in Ohio.
Nancy was not listed with the family in Ohio on the 1850 census.