Showing posts with label AmanuensisMonday. Show all posts
Showing posts with label AmanuensisMonday. Show all posts

Monday, October 29, 2012

Amanuensis Monday: Will of Francis Toms 1633-1712



Francis Toms Sr. was my maternal 8th great grandfather and part of my Quaker heritage. In 1689 his daughter Mary Toms, married Gabriel Newby, son of William and Isabel (Turner) Newby. My Newby ancestors finally daughter out with my maternal grandmother, Mary Fern (Newby) Runyan. 

Detailed Toms genealogy is contained in The Batchelor-Williams Families and Related Lines by Lyle Keith Williams, Fort Worth, Texas, 1976. According to Williams, "Francis Toms 'who came into Virginia about 1649' and was 'age 77 in 1710,' lived about nine years in Martin's Brandon on the South Side of James River (Charles City County, now Prince George County). He then moved to the adjoining county of Surry about 1660, and in 1669 moved to North Carolina. He was among the earliest settlers of Albemarle County, North Carolina. He and his family were accepted in the Society of Friends in 1672".

Friends Meeting House New Garden, NC 1869

The Will of Francis Toms Sr.

Perquomons In No Carolina ye 6th Day of ye 10 Month 1709 I Francis Tomes Snr being of a Sound mind & memory considering ye Uncertainty of this life Doe make & ordain this my last will & testament In manner & forme as followeth Vizt My will is that my estate Shall not be brought to an apraisemt but shall be distributed according to my will att ye Discretion of my Executors hereafter named & after my Just Debts are paid. I bequeath my Estate as followeth. I Give to my loving wife Mary Tomes all her waring apparrel Her Sadle Horse Her White pasing mare & her coult To her & her heirs for Ever. I Give to my loving wife all my houshould Goods & both Iron Brass peuter & other necessaries belonging To us Keeping that Steds Cuboards Chears Chests. I Give unto my loving wife three feather beds with what furniture is belonging to them During her natural Life for her Service & for ye Service of Gods people Messengers & Ministers that he Send amongst us wch feather beds to be keept in ye porch Chamber for Gods Messengers & Ministers to Lodge In & my sd wife Shall not Imbasel nor Sell away of ye Said Goods out of ye house nor of ye plantation for they Doe belong to my Son Francis Tomes & his heirs for to keep up ye truth for ye Honour of God as I have done before him too End of Time. I Give unto my Loving wife Eight Cows & Calves by their Side, foure Stear & one bull & ten sows & six Hillable Barrows & Six yewes & one Ram all which my Executors shall leave In ye hands of my Loving wife for her Sustenance & maintanace During her Natural life. I Give unto my Loving wife this manner house & all ye houses orchards & all ye Clear Ground between Reehers & ye Bridge & So to Thigpens land & Timber for rales or to Repair House or to Build on ye plantation During her natural Life. I Give to my Loving wife my horse mill & my Still & ye two mill horses During her Natural Life. I Give to my loving wife three negroes James, Moll & Pattemore During her natural life. Also Will Plato & Vestaleve till they are free. I Give to my loving wife my Loome & all ye Gores belonging to itt & all my Shoemakers Tools During her natural life. I Give to my wife my Harro & harn hoes & axes weaden hoes hilling Hoes & all other Tools belonging to ye Cropp for her Life. I Give to my son Francis Tomes Six hundred & forty acres of land my negro Sam both to him & his heirs for Ever. I Give to my Son Joshuath Tomes my negroe Mingo to him & his heirs for Ever. I Give to my Son Francis Tomes Six hundred & forty acres of land lying between Reahors land & that as was called Vosses being James Morgins To him & to his lawfully begotten or Shall be ---- of his one body for ever. I Give to my Son Francis Tomes --- fifty acres of land lying on ye sd ---- of Vosse Creak & So running to ye ---- To him & his heirs for Ever. I Give to my Son Joshua Tomes four hundred acres of Land lying on ye -------- to him & his heirs for ever lawfully begotten ------ lawfully to be begotten of his one body for Ever. I --- Give to my three Children namely Francis Tomes Joshua Tomes & Presela Nicholson to each of them one feather bed with furniture that ------- for ye said beds. I Give to my loving Daughter Mary Newby five Shillings for she had her portion when she married Gabriell. I Give to my Grandson Francis Newby Three hundred acres of land lying on the South west of Vosse Creak att ye foot of ye Bridge to him & his heirs for Ever. I Give to my Son Francis & Joshua & Presela Nicholson all ye remaining part of my Estates that Horses & mare Cattle Hoggs & Sheep to be Equally devided between them three ---, my sadle horse Sorrester I Give to Preselo Nicholson & what Debts is Due to me Either att home or abroad to be Devided into four parts one for Francis Tomes one for Joshua Tomes one for my wife one for Presela Nicholson Equally to be Devided between them foure. I Give to my wife my Bible & Isack Penningtons Booke & Francis Kongols (?) Book & ye Bob Witlet (?) Book & a book Called Marage Lost (?). I Give to my loving wife one Third part of all my tand leather & ye rest to be devided as afsd. I Give unto my loving wife one --- & a halfe of barrels with ye H----- belonging to ye Still, but If my loving wife Shall marry or move of ye plantation she shall not any of ye houshould Goods or stock from of ye plantation for Itt belongs to my Son Francis Tomes for him to act & Doe as a afsd to the Honour of God, but my Son Shall not by his one Inheritance but if my wife will stay upon ye plantation She shall not be molested During her Life. I Give to my Son Francis Tomes all my Coopers Tools. I Give to my Son Joshua my Currier knife & Still, but if my Debts Shall be brought Justly against my Estate after it is Devided then my loving wife & all my Three Children Shall pay Equall Shares. I Doe appoint my two Loving Sons Francis Tomes & Joshua Tomes To be my Executors to this my Last will Performed as Witnessed my hand & Seal ye Day & year above Said memorandum that after ye Death of my wife negroe Jane to Francis & Moll to Joshua.


Wittness hereunto-----
WB Francis Tomes
William Boge Mathew N Alberson
John Stepny


Since Itt hath pleased almighty God to take out of this world my Father In law Jno. Nichols my will is that that pt of my Estate I have Given to my Daughter Presilla now wife of Jno Kinsely to be devided ye one half to her ye other half to ye children of her by Jno Kinsely Deceased & my will is that ye windmill now building on ye plantation I live on for ye free hold my wife & Children having ye use thereof She freely for grindeing their familyes Corne helping & paying their portion toward ye keeping & repair & This I Doe declare to be a Codicil to my will.


Witness: 
Fred Jones 
Francis Tomes
Joseph Carron



To this lengthy post I have decided to include an interesting snippit taken from the Greensboro, N.C. Daily News dated Sunday, 9 Aug 1936. It is a quote from Alpheus Briggs' manuscript on Quakerism. A cache of old Quaker Meeting records had recently been discovered in a home once owned by the Lambs and before that, the Newbys; most likely Gabriel and Mary (Toms) Newby, my ancestors, although the article doesn't specify. According to Briggs, the records indicate that the home of Francis Toms Sr. was the original meeting place of the first North Carolina Yearly Meeting.


Greensboro, N.C. Daily News
Sunday, August 9, 1936

In his manuscript, page 11, Briggs writes: "On the 4th day of 4th mo. 1698 at the home of Henry White the Quarterly Meeting by unanimous agreement decide to organize a yearly meeting to be held at this center at the home of Francis Toms the elder." This was no doubt the nearest approach to a beginning to North Carolina Yearly Meeting that any existing records show. "There is hardly any question," Briggs manuscript continues, "but that this quarterly meeting and yearly meeting was 'set up' by Philadelphia Yearly Meeting and not by London Yearly Meeting as some have held."



SHARE

Monday, July 30, 2012

Amanuensis Monday: Deed - Cox and Harris 1745



Stephen and Judith (Woodson) Cox were the parents of my 6th great grandmother, Mary (Cox) Wallen, wife of William Wallen, the Revolutionary War patriot.


Deed between Stephen & Judith Cox and John Harris
Goochland Co., Virginia 1745
Deed Book 5, page 26-28

This indenture made the Seventeenth Day of March in the Year of our Lord One Thousand Seven Hundred and forty five between Stephen Cox and Judith his Wife of the County of Goochland of the one part and John Harris of the County aforesaid of the other part witnesseth that whereas John Woodson Late of Henrico County deceased was in his Lifetime Seized of and in one certain tract or parcel of Land Containing Two hundred acres be the Same more or lefs and bounded as followeth (Viz) Beginning on the Stephen Woodson lower line of the River thence down the River half a Mile thence into the Woods at Right Angles from the River to the bark line of the Land Surveyed by William Womack thence on that line till it runes opposite with Stephen Woodson Lower Line thence on that line to the River being the place began at Scituate lying and being in Goochland County on the North side of James River opposite to the Manakin Town and the above said John Woodson being thereof Seized did by his certain Last Will and Testament bearing date the twenty fifth day of November One Thousand Seven Hundred and fifteen, give, devise, and bequeath to his Daughter Judith Woodson and to the heirs of her Body ~ lawfully begotten forever the above mentioned Tract of Land together with all the Appurtenances thereupon and there unto belonging by Virtue whereof the said Stephen Cox having Married the abovesaid Judith Woodson together with his Wife after the decease of her father in and on the afore mentioned Land Entered and was and is thereof Seized and now they the said Stephen Cox and Judith his Wife stands possessed (having Lawfull Issue of the body of the abovesaid Judith Woodson) and the said Stephen Cox and Judith his Wife being minded to Sell the aforesaid Tract or Parcell of Land and to Barr the Entails hath lately Send out a Writ in the nature of an Adquod Dam Bearing Date the Eleventh Day of June One Thousand Seven Hundred and forty five. In the nineteenth year of our Sovereign Lord the King now to the Sheriff of the said County Directed whereby he was Commanded that by the Oath of good and Lawfull Men of his County by whom the truth of the matter might be the better known he should diligently enquire if it may be to the damage or prejudice of our said Lord the King or others, or not, if the said Stephen Cox and Judith his Wife should Sell the said parcel of Land with the Appurtenances and if it be to the damage or prejudice of our said Lord the King or others, then to what damage, to our said Lord the King, to what damage or prejudice to others, and of what Value the said Land is in good and Lawfull Money of Great Brittain, and whether the said Land be a Separate parcel of or contiguous to other Entailed Lands in the possession and Seizin of the said Stephen and Judith his Wife, to Which Writ Isaac Bates Gent. Sheriff of the said County answered, that by the Oath of twelve good and lawfull men of the County aforesaid, who being Sworn and charged upon their Oaths, did Say that it will not be to the damage or prejudice of our said Lord the King, if the said Stephen and Judith his Wife should Sell the said Land and premises with the Appurtenances, in the same Writ mentioned, but that it will be to the damage of the heirs of the Body of the said Stephen and Judith his Wife and of those claiming in Remainder and Revertion, and further the Jurors aforesaid upon their Oath a foresaid, did say, the Land and appurtenances in the said Writ mentioned, are of the Value of One hundred and forty pounds of good and Lawfull money of Great Brittain, and no more and is a Separate parcel, and not parcel of, or Contiguous to other Entailed Lands, in the possession and Seizin of the said Stephen and Judith his Wife as by the said recited Writ and return remaining of Record in the Secretarys Office, or fully, and at large, doth, and may appear now this Indenture witnesseth that the said Stephen Cox and Judith his Wife for in Consideration of the Sum of One hundred and Sixty Pounds Currant money to them in hand paid by the abovesaid John Harris the receipt whereof they doth hereby acknowledge and thereof doth acquit, and Discharge, the aforesaid John Harris his Heirs Excutors and Administrators, have granted, bargained, Sold, Enfeoff and Confirm, unto the said John Harris his Heirs and Aforsign all that parcell of Land in the above mentioned recited Writ and return Containing Two hundred acres be the same more or less with the ~ Appurtenances, and the Reversion and Reversions, Remainder and Remainders thereof, And all the Estate, Right, Title, Interest, Claim and Demand of them the said Stephen Cox and Judith his Wife of in and to the said Land and every part and parcel thereof with the Appurtenances To have and to hold the said Lands and premises with the Appurtenances, to the said John Harris and his Heirs and Assigns forever and the said Stephen Cox and Judith his Wife and their heirs the premises with the Appurtenances to the said John Harris his Heirs and Assignes Shall and will Warrant and for Ever defend by these presets in witness whereof the said Stephen Cox and Judith his Wife hath hereunto Set their Hands and Affixed their Seals the day and Year first above written
Signed Sealed and Delivered
In the presents of Stephen Cox (seal)
John Woodson
Francis James Judith Cox (Seal)
Robert Boulton
Memorandum. That on the 17th day of March 1745 that given possession and Seizin was had and taken by the within named John Harris from the within named Stephen Cox and Judith his Wife according to the form and Effect of the within written deed of the within Lands and Premises.
In Presents of Stephen Cox (Seal)
John Woodson. Francis James
Robert Boulton. Judith Cox (Seal)
At a Court held for Goochland County March 18. 1745
Stephen Cox and Judith his Wife She being first privately examined acknowledged this Deed with the Livery of Seizin endors'd to be their Act and Deed which was Ordered to be Recorded
Test. Hen. Wood Clk



Amanuensis - A person employed to write what another dictates or to copy what has been written by another.


SHARE

Monday, June 11, 2012

Amanuensis Monday: The Will of David B. Owen, Sr.



Last Will and Testament of David Brashears Owen


David Brashears Owen was born in Ohio on 16 Feb 1836 to James and Nancy Ann (Brashears) Owen. He was my paternal great, great grandfather. David married Sarah Samantha Miller, daughter of Benjamin B. and Elizabeth (Smith) Miller, on 31 Dec 1858 in Fayette Co., Illinois and died there on 5 Oct 1919, over nine years after his will was written. His deceased daughter, Mary Ellen Lucretia Townsend, as mentioned here in his will, was my great grandmother. Mary Ellen's daughter, Iva Illinois Townsend, also mentioned, was my grandmother.


The Last Will and Testament of David B. Owen of the Township of Sefton in the County of Fayette and State of Illinois made and published the 30th day of March in the year of our Lord One Thousand Nine Hundred Ten

In The Name of God Amen
I David B Owen of the Township of Sefton in the County of Fayette and State of Illinois of the age of Seventy Four years and being of Sound mind and memory, do hereby make publish and declare this my Last Will and Testament in manner following that is to Say:
First ÷ It is my will that my funeral Expenses and my just debts be fully paid:
Second ÷ I give and bequeath to my beloved wife Sarah S Owen all my Estate both Real and personal So long as She lives and remains my widow. That upon her Death or remarriage all remainder of Personal property and all Real Estate I give bequeath and Devise to My Dear children as follows:
To - George W Owen  One Seventh part Thereof
To - Benj M Owen  One Seventh part Thereof
Subject to advancements To each of Five Hundred ($500.ᴼᴼ) Dollars in lands Conveyed to them Severally hereinafter more particularly set forth.
To - Roxanie Durbin  One Seventh part Thereof
To - James Owen  One Seventh part Thereof
To - David B. Owen Jr  One Seventh part Thereof
To - Sarah Dellas Simpkins  One Seventh part Thereof
and to my Dear Grand children, children of my deceased Daughter Mary E L Townsend as follows
To - Gladys S Townsend  One Thirtyfifth part Thereof
To - Floyd Townsend  One Thirtyfifth part Thereof
To - Mary E Townsend  One Thirtyfifth part Thereof
To   Iva Illinois Townsend  One Thirtyfifth part Thereof
To   Andrew Nelson Townsend  One Thirtyfifth part Thereof
The Specific charge of Five Hundred Dollars is here made against the interest of George W Owen in such of my Estate left by me on account of the following deemed and given to him by way of advancement To wit:
S 1/2 of the SW 1/4 of the NW 1/4 of Section 24 Town 7-N-A-2 - East of the 3rd PM in Fayette County, Illinois.
and the Specific charge of Five Hundred Dollars is here made against the interest of Benj M Owen in such of my Estate left by me on account of the following described land given to him by way of advancement to wit:
W 1/2 of the NW 1/4 of the NW 1/4 of Section 8 Town 7-N-R-3 East 3rd PM and the S 1/2 of the S 1/2 of the SE 1/4 of the NW 1/4 of Section 24 Town 7-N-R-2 East 3rd PM all in Fayette County, Illinois.
That upon a Division and final Settlement of my Estate as above provided, the Sums of Five Hundred Dollars shall be deducted from the Share each of George W Owen and Benj M Owen as herein charged against them and the Same distributed in Equal parts to Roxainie Durbin, James Owen, David B Owen Jr. and Sarah Dellas Simpkins. Each One Fifth (1/5) part Thereof and to Gladys S Townsend, Floyd Townsend, Mary E Townsend, Iva Illinois Townsend and Andrew Nelson Townsend My Grand children herein named Each one Twentyfifth (1/25) part Thereof:
Third, I hereby authorize direct and Empower my Executor hereinafter named upon the death or remarriage of my Said Wife or with her Written Consent before her Death or remarriage to Sell and Convey such of my Estate either Real or personal, part or all, without the order or Direction or Decree of any Court, having in View at all times the personal welfare of my Said Wife and making Such provisions for her care and comfort as She may need or require;: and upon such Sale being made to divide and Distribute the same to the Several parties named herein, or to their heirs:
It is Expressly provided That my Estate Shall be divided and settled up within a year after the Death or remarriage of my Said Wife:
Lastly, I hereby nominate and appoint James Owen to be the Executor of this my Last Will and Testament hereby revoking all former wills by me made:
In Witness Whereof I have hereunto set my hand and Seal the 30th day of March in the year of Our Lord One Thousand Nine Hundred Ten (1910)
David B Owen (seal)

The above Instrument consisting of Two Sheets was now here Subscribed by David B Owen the Testator in the presence of each of us and was at the same time declared by him to be his Last Will and Testament and we at his request sign our names hereto in his presence as attesting Witnesses:
                    J C Burtschi of Vandalia, Ill.
                   F I Henry of Vandalia, Ill.




Amanuensis: A person employed to write what another dictates or to copy what has been written by another.

SHARE

Monday, January 9, 2012

Amanuensis Monday: Biography of L. P. Newby


Leonidas P. Newby was the brother of my maternal great, great grandfather, John A. Newby.

This biographical sketch was transcribed from my personal copy of Hazzard's History of Henry County Indiana 1822-1906 Military Edition Volume 2 - George Hazzard, New Castle, Indiana 1906.  [pgs. 1193 - 1196]. This sketch may also be found online at Archive.com here: Biographical Sketch of Leonidas Perry Newby


BIOGRAPHICAL SKETCH OF LEONIDAS PERRY NEWBY

LAWYER, POLITICIAN,  PUBLIC OFFICIAL AND SUCCESSFUL BUSINESS MAN AND FINANCIER


     The Newby family, of which Leonidas Perry Newby is a member, came to Indiana from North Carolina early in the nineteenth century. The early settlements of the ancestral branch of the family in North Carolina were in the counties bordering upon Albemarle Sound, such as Perquimans, Paspitank and Chowan. They were members of the Society of Friends, and certain Friends of the name in those counties are known to have been the owners of large tracts of land and many slaves, whom they treated with kindness and leniency. But when the Society of Friends or Quakers arrived at the conclusion that slavery was sinful and the holding of slaves an offense against the law of God, and late in the eighteenth century the yearly meetings determined that all Friends must liberate their slaves, they obeyed the behest and in carrying it out impoverished themselves, so that the family became widely scattered over the State. Early in the following century many families of the Newby relationship, which was and is a large one, sought the new country north of the Ohio River, and taking up the new lands in Ohio and Indiana, became sturdy pioneers of the two sister States.
     The immediate family to which Mr. Newby belongs located in Henry County, Indiana, coming here from Randolph County, North Carolina, in 1837. Mr. Newby's father first engaged in the business of merchant tailoring at Greensboro. In those days the country merchants all sold goods upon long credits, and in fact could sell them in no other way. The system broke up most of the earlier merchants. Mr. Newby's father, whose name was Jacob Newby, and who was a most worthy man, being no exception to the rule. The head of the family, after the loss of his property, went back for a time to the cultivation of the soil for a livelihood, and the subject of this sketch was born upon a farm near Lewisville, Indiana, on April 9, 1855. Mr. Newby's mother was before her marriage Lavina Leonard, and both she and her husband were enthusiastic Methodists of the old-time, earnest and devoted kind, notwithstanding the fact that Jacob Newby's ancestors had been primitive Quakers.
     Although Mr. Newby's father and mother were exemplary and industrious people, his father was never a robust man, and though he toiled often beyond his strength, both when farming or when working at his trade, he could accumulate but little, and found that it required all the strength he could muster to support his six children and keep the wolf from the door. Hence it was that Leonidas Perry, who was the youngest of the sons, was thrown upon his own resources early in life, a fact which largely accounts for his business success.
     His first ambition seems to have been for knowledge---the attainment of a practical education---hence we find him as a small boy performing the duties of janitor for the Greensboro school to gain the means to supply himself with clothing and books and help the family along, while he was at the same time pursuing his studies in the school and keeping up with, and at times, leading his classes. During the summer months young Newby worked for the neighboring farmers and saved his earnings to aid him in his winter campaigns for knowledge. This course was persevered in until he arrived at the age of sixteen, when the family removed to Knightstown, Indiana, where he entered the high school. The Knightstown school was then under the very efficient superintendency of the late Professor Hewitt, with John I. Morrison as the leading member of the board of trustees, and was one of the foremost town schools in eastern Indiana.
     Before he had reached the age of seventeen, Mr. Newby began to teach in the public schools of the neighborhood, thus gaining the means to enable him to pursue his studies in the high school, teaching and attending school alternately. While thus engaged he also began to read law, giving to it whatever time he could spare from his studies in the school or duties in the school room. He graduated from the Knightstown High School with honor in 1875, being its first graduate; but he continued certain lines of study with Professor Hewitt after his graduation and also continued his study of the law, and to keep up his expenses taught for three hours every day in the high school.
     The time that was left to him for his legal studies was spent first in the law office of Butler and Swaim, of Knightstown, and later in the office of  J. Lee Furgason, of the same place. He was admitted to the practise by the Henry Circuit Court in 1878 and in the same year formed a partnership with the late Walter B. Swaim and opened an office in Knightstown. This partnership with Swaim was terminated at the end of the first year, when Mr. Newby established an office of his own and has continued the practise single-handed ever since.
     "The Bench and Bar of Indiana," a valuable and entertaining volume of more than eight hundred pages devoted to the biographies of eminent Indiana lawyers, edited by Charles W. Taylor and published at Indianapolis in 1895, says of Leonidas P. Newby:
     "In 1880 he was elected prosecuting attorney of the eighteenth judicial circuit, composed of the counties of Henry and Hancock. His office, however, did not begin until nearly two years had elapsed after his election; but within three months after that event the prosecuting attorney then in office resigned, and Governor Porter appointed Mr. Newby to the vacancy, thus enabling him to hold the office nearly four years. One of his first cases on opening an office was the famous Foxwell murder case at Rushville, Indiana, in which he appeared for the defendant. The ability shown by the young attorney in this case received much favorable comment and so placed him on his feet as to give him a good start. In 1886, he was the leading counsel in the celebrated Anderson murder case at Williamstown, Kentucky, and received the credit of making one of the most able speeches ever made at the bar, in closing the argument for the defense. In the prosecution of this cause appeared Hon. M. D. Gray, the county attorney and now the commonwealth attorney for the judicial district; Captain Dejarnette, then commonwealth attorney and now considered one of the most brilliant lawyers in Kentucky; Col. J. J. Landerman, a noted politician and lawyer of Warsaw, of that State, and Hon. W. P. Harden, of Lexington, then the attorney general of that State, and now (1895) a candidate for governor. With Mr. Newby was associated Hon. O. D. McManama, afterwards judge of the criminal court of Frankfort, Kentucky; Hon. L. C. Norman, of Frankfort, now Auditor of State; Capt. John Combs, of Williamstown, Kentucky, and Hon. W. W. Dickerson, since a member of Congress and now a candidate for re-election. In the preliminary trial Hon. W. P. C. Breckinridge appeared for the defendant, but was unable to appear at the trial. "Mr. Newby has been employed in trial cases in all the Middle States as well as in some of the Southern, Western and Eastern ones and has held the greatest part of the practise in the southern part of Henry and the northern part of Rush County."
     Since "The Bench and Bar" from which the foregoing is taken was published, Mr. Newby has succeeded the late Judge Joshua H. Mellett, of New Castle, as the Henry County attorney of the Pennsylvania Railroad Company and in conjunction with John L. Rupe, of Richmond, has charge of its extensive and lucrative legal business in Eastern Indiana, which added to his already large practise makes his income from his profession one of the best of those enjoyed by Eastern Indiana lawyers.
     The Masonic Advocate, in an article in its issue for May, 1901, speaking of Mr. Newby's legal attainments and successes, said: "Brother Newby has single-handed built up a large and lucrative practise, not only in his home court, but throughout Eastern Indiana, where he stands as the peer of the ablest in his profession." The same journal in addition to the foregoing says: "He has never aspired to the bench but is, however, a favorite when acting as special judge and has frequently been called to the neighboring counties of late years, to hold special terms of court and try causes on change of venue, having sat as the trial judge in many important cases."
     Mr. Newby has been a Republican in politics all his life and is always active in the support of his party and its candidates. He has often been a member of the Republican County Committee and, during two or more presidential campaigns, a member of the executive committee chosen by the Republican State Committee to act in conjunction with its chairman in the immediate direction of the work of the campaign.
     Mr. Newby was nominated and elected to succeed the late General William Grose in the State Senate in 1892 and re-elected in 1896. His activities and services in that body were such that he soon took rank among the able leaders of the Republican party in the Senate and was for six years the president pro tempore of the Senate. He was also chairman of the judiciary committee for six years. He has been twice a candidate for the nomination by his party for lieutenant governor, but owing to the conflicting interests of candidates for the other State offices he was defeated in convention both times by very narrow margins. He is a hustler, a good mixer and possessed of a rare geniality which with his recuperative powers of mind and spirit enable him to come out of such political contests without having suffered loss of temper and with no sore spots to nurse and no political graveyard to fill. Hence he is a hard man to keep down and, as he is yet young and in fine health and full of mental vigor, he is likely to be heard from in the future.
     Mr. Newby has been thus far in life very successful in business, having accumulated a snug fortune. He is the owner of a fine home in Knightstown and quite a number of rental properties as well as some valuable business blocks. He has also some good farms in the neighborhood of his home town in which he takes much pride and greatly enjoys the time which he can give to their oversight. He owns stock in and is president of The Citizens' State Bank of Knightstown and also of The Natural Gas Company, The Electric Light and other business organizations of the town. He is a stockholder, director and vice-president in and of The Columbia National Bank of Indianapolis; a stockholder in The American National Bank of the same city, and one of the largest stockholders in The Security Trust Company of Indianapolis and president of the New Castle Central Trust and Savings Company, and has many other important business interests in various parts of the State. He is also president of the board of trustees of the southern State prison or reformatory for young men and boys, which has rendered such signal service to the State in carrying out reforms in the prison management and making improvements to the buildings and grounds at a saving in money and to the betterment of the inmates as well as to the advantage of the people of the State.
     Mr. Newby was united in marriage with Mary Elizabeth, daughter of Robert B. and Julia A. Breckinridge, of Knightstown, Indiana, September 20, 1877. Mrs. Newby's family is a good one noted for the integrity and energy of its members, her father, the late Robert B. Breckinridge, having been for many years a prominent business man of Knightstown. She is a  lady of many accomplishments and graces and skilled in the arts of home-making and in dispensing the genuine courtesies of social life. The married and home life of Mr. And Mrs. Newby have been very happy, surrounded by comports and refinements and cheered by a large circle of friends. They are the parents of two children, an accomplished daughter, and a son, who is a member of his father's profession, of whom more will be said further on. 
     Mr. Newby is a member of several benevolent orders and other social and business societies; but the one society of his choice, in which he has taken most interest and to which he has devoted most time and talent, is the time-tried order of Free and Accepted Masons. He was made a Master Mason in Golden Rule Lodge, Number 16, Knightstown, having been initiated April 12, 1882, passed May 17, and raised June 7, of the same year. The Masonic Advocate traces his advances in and services to Masonry as follows:
     "He was made a Royal Arch Mason in Knightstown Chapter, Number 33, receiving the preceding degrees during the months of August, September and October, and the Royal Arch, November 6, 1882. He was High Priest during 1898. He received the degrees of Royal and Select Master in Cryptic Council, Number 29, Knightstown, November 12, 1883. He was created a Knight Templar in Knightstown Commandery, Number 9, January 30, 1883, and worked his way up to Eminent Commander, which position he held during the years 1889 and 1890.
     "In the Grand Commandery he started as Grand Sword Bearer in 1895 and by regular advancement became R. E. Grand Commander of Indiana at the recent Annual Conclave, and enjoyed the honor of representing the Grand Commandery in the Grand Encampment of the United States at the tri-centennial conclave at Louisville, Kentucky, in August, 1901.
     "He received the grades of the A. A. Scottish Rite, including the Thirty Second Degree, at the annual convocation in 'The Valley of Indianapolis' in March, 1892, and became a 'Shriner' in Murat Temple, March 25, 1892.
     "As secretary of the triennial committee of The Grand Commandery, Sir Knight Newby has rendered excellent service in providing quarters for the grand and subordinate commanderies of Indiana at the triennial conclave at Denver, Boston, Pittsburg, Louisville and San Francisco, whereby Indiana has always made a favorable showing with other grand jurisdictions and at a reasonable expense. As a member of the board of trustees of his home lodge and chapter at Knightstown, brother Newby took an active part in the erection of their fine Masonic Temple, which was destroyed by fire October 18, 1899, and also in the erection of the fine and massive new structure which now occupies the place of the old one and is such an adornment to the beautiful little city of Knightstown. As a Mason and as a citizen, in all the walks of life, he stands ready in a public-spirited way to do his full share in promoting the general god. Long may he live in his sphere of usefulness."
     Such is the estimate of Mr. Newby as a Mason and a man, made by one who stands high in the "ancient and honorable" order. In addition it may be stated that Mr. Newby is now and has been for the past seven years Inspector General of The Knights Templar of Indiana, and is a life member of the Committee of Jurisprudence of the Knights Templar of the United States.
     Mr. And Mrs. Newby have both traveled extensively in their own country and are familiar with many parts of the United States, and Mr. Newby himself has visited Cuba and other islands of the West India group, also Mexico and Central America, and gained much valuable information, and during the Summer of 1905 made a delightful trip to England and Continental Europe in company with Smiley N. Chambers, of Indianapolis, and others, from which he gleaned a great deal of pleasure and profit, and returned to again take up the responsibilities of life in the best county of the best State in the Union and in the town which to him is the best spot of the best county. 


*Amanuensis: A person employed to write what another dictates or to copy what has been written by another.

SHARE

Monday, September 26, 2011

Amanuensis Monday: The Will of Silas J. Metcalf



Silas J. Metcalf
Copied from photo
owned by Lou Lucas, in 1998
Silas Jefferson Metcalf was the maternal great, great grandfather of my husband Mike. He was born in Nelson Co., Kentucky on August 11, 1818 and died April 6, 1906 in Larue Co., Kentucky. He was the husband of Mary Emily Cundiff and the father of Edna (Metcalf) Melvin-Price. Silas served on the Union side in the Civil War, 37th Kentucky Infantry. He was married three times: 1) Ellen Jenkins, 2) Margaret Jane Gollaher (daughter of Benjamin Austin Gollaher and sister of Elizabeth Gollaher Melvin) and 3) Mary Emily Cundiff. Silas had approximately 20 children by the three wives.



Last Will and Testament of Silas Jefferson Metcalf

       I S. J. Metcalf, of the County of LaRue, State of Kentucky, do hereby make this my last will and testament, hereby revoking all wills heretofore made by me.
     I hereby will and direct that my funeral expenses and other just debts be paid as soon after my decease as possible.
     Whatever else may remain after complying with above request, I hereby will and bequeath to my son-in-law Thomas B. Howell.
     And lastly I hereby nominate constitute and appoint my said son-in-law Thomas B. Howell as executor of this my last will and testament and request that he be permitted to qualify without security and not requested to return an inventory and appraisment nor make any settlement of my estate.
     This 28th day of October, 1905.
                                                                    S. J.
                                                               his  X  mark
                                                                 Metcalf 
Witnesses:
J. Ekra Rapier
James E. Rapier

     At a county court begun and held at Hodgenville, Kentucky, on the 23rd day of April, 1906, an instrument of writing purporting to be the last will and testament of S. J. Metcalf Decd. was produced in open court and offered for probate which was fully proven by the oath of James E. Rapier one of the subscribing witnesses thereto, who testified that he attested said will at the request of testator in his presence and in the presence of J. Ekra Rapier the other subscribing witness thereto, and that J. Ekra Rapier attested said will in his presence and in the presence of testator at his request and that testator signed said will in their presence, and that testator was of sound mind and capable of making a will. It is therefore ordered that such be established as the last will and testament of S. J. Metcalf Decd. and the same is ordered to record as I have truly recorded the same together with this certificate in my office.
     Given under my hand this 27th day of April, 1906.
                             W. A. Robinson, clk.
                             By Chas. Walters, D. C.

SHARE

Monday, September 12, 2011

Amanuensis Monday: The Will of Millie McMullen



Milla Jane (Trowbridge) McMullen 
b. 26 Oct 1869 - d. 26 Mar 1905

Milla Jane (Trowbridge) McMullen
Millie was born in Rush Co. Indiana in 1869 and died 35 years later in Knightstown, Henry Co., Indiana. She was the daughter of John Calvin and Phoebe (Cook) Trowbridge, sister of my great grandmother Ida May Newby, and wife of Henry McMullen. Millie had no descendants.

The copy of Millie's will that I have in my possession, is the original copy given to my great grandparents, Charles Lee and Ida May (Trowbridge) Newby in 1905 by the family attorney, Floyd J. Newby, first cousin of Charles.


Last Will and Testament of Millie McMullen

I, Millie J. McMullen, of Knightstown, Henry County, Indiana, being of sound mind and disposing memory, do make and publish this my last will and testament.

Item 1. I hereby will, devise and bequeath to my sister Ida M. Newby, wife of Charles L. Newby my farm in Henry County, Indiana, containing 33 1/2 acres more or less described as follows: - The west division of the West half of the northwest quarter of section 25, township 16 north of Range 8 east bounded as follows: - Commencing at the Northwest corner of said quarter section and running thence south on the west line thereof 162 rods and 12 1/2 links to the Southwest corner of said quarer section; Thence east 33 rods and 1 5/6 links; Thence north 162 rods and 12 1/2 links to the north line of said quarter section at a point 33 rods and 1 5/6 links east of the place of beginning; Thence west to the place of beginning.

Also all that part of Lot number 66, in section number 2 in Glencove Cemetary at the Town of Knightstown, Henry County, Indiana, that remains unused after my death.

The said Ida M. Newby shall pay to my nephew, Arthur M. Trowbridge the sum of $500.00 in cash either from the proceeds of the sale of the property devised to her in Item 1 herein or any other manner she may elect.

The said Ida M. Newby shall pay all my just debts, my funeral expenses and the costs of the probate of this will.

The said Ida M. Newby shall receive all money and other personal property which I may possess except that which is otherwise willed and bequeathed by me herein.

Item 2. I will and bequeath my household goods to Ida M. Newby and Arthur M. Trowbridge to be held by them equally.

Item 3. I hereby will and bequeath to my nephew Arthur M. Trowbridge mentioned in Item 1 herein the sum of $500.00 in cash to be paid to him as mentioned in Item 1.

Item 4. I will and bequeath to my niece Mary Fern Newby, daughter of Charles L. Newby and Ida M. Newby my gold watch and chain.

Item 5. I hereby constitute and appoint Ida M. Newby as Executrix of this my last will and testament.

In testimony whereof I have hereunto set my hand and seal this the 22nd. day of March, 1905.

                                                                                      Millie J. McMullen

Signed and acknowledged by the said Millie J. McMullen as her last will and testament in our presence and signed by us as witnesses in her presence this 22nd. day of March, 1905.

     A. L. Stage
     Floyd J. Newby 



More information and photos on Millie and her husband Henry can be found at this link: Henry and Milla Jane (Trowbridge) McMullen


Amanuensis: A person employed to write what another dictates or to copy what has been written by another.


SHARE

Monday, September 5, 2011

Uncle Austin Gollaher - The Breckenridge News


From The Breckenridge News - March 2, 1898

UNCLE AUSTIN DEAD.
_____________________

Abraham Lincoln's Playmate Dead, Aged 93, Near Hodgenville. He Was Known Far And Near.
_____________________

      Hodgenville, Ky., Feb 22--, After an illness which kept him confined to his bed for over a year, Uncle Austin Gollaher, the playmate of Abraham Lincoln, died at his home near here this morning. His death was due to old age and general debility.
      He was ninety-three years old. A few months before his death his mental faculties became much impaired, but until that time his mind was exceptionally bright and he conversed freely.
      It was his great delight to relate the experience of his saving Lincoln from drowning and he considered this the greatest accomplishment of his life.
      When this country was young Mr. Gollaher taught school in the Muldraugh Hill section, and though his book learning was very limited, his naturally strong intellect enabled him to perform schoolroom duties in a manner that gave satisfaction to the patrons, and there are many old citizens living in this county who went to school to him in the '40s.
      He was the father of six children, his grandchildren number twenty-six, his great grandchildren forty-five, and his great, great grandchildren sixteen. Mr. Gollaher's entire life was spent in the hills of Larue county.
      The old man had become widely known in almost every State in the Union by reason of the fact that he was the only playmate of Abraham Lincoln. He was a very plain, dignified old gentleman, and never attempted to arrest public attention by giving publicity to his companionship with Lincoln, nor would he under any circumstances misrepresent or even exaggerate the intimacy of the acquaintanceship he enjoyed with Lincoln as a boy.
      Mr. Gollaher had been a strong man mentally and physically. His large, bony frame shows that in former years he was a powerful man, and his very large head, high full forehead and expressive eyes indicated great natural ability, and had he enjoyed the opportunity of improving his natural talents--had some fortunate circumstance called him from obscurity, he would easily have reached far beyond the average prominence accorded to man, and would have been one of our most noted and useful citizens. But, satisfied with a pleasant, easy-going life, and not of an adventurous spirit he enjoyed only the pleasant memories of his acquaintance with Lincoln and the respect and esteem of all who knew him.


Uncle Austin was the maternal 3rd great grandfather of my husband Mike. At the time of this writing, two of those sixteen great grandchildren mentioned in this article were Mike's great aunt, Bessie Elizabeth Melvin, and his great uncle, Charles Walter "Bud" Melvin.


This is the fourth in a series of six daily blog posts I am doing on Benjamin Austin Gollaher. Previous posts on Gollaher (done before this series) can be seen at the links below:





SHARE

Monday, August 29, 2011

Amanuensis Monday: The Will of Jesse B. Wallen


Jesse B. "J.B." Wallen was my paternal 3rd great grandfather, son of William and Elizabeth (Bloomer) Wallen and husband of Louisa Tyree. He had barely reached the age of 50 when he died of a "liver complaint". Until this past week I had no idea J.B. had ever left a will and while I've learned nothing new from it's contents, it is certainly an exciting discovery and I find myself once again wishing cousin Charlie Wallen was here to share in my excitement.

Jesse B. Wallen 
 26 Sep 1827 Hawkins Co., TN -  30 Sep 1877 Rockcastle Co., KY

June the 15th day 1877:
Knowing all men by these lives, that I Jessee B. Wallen, am in my right mind and without any persuading wishes to make a Will. I Will everything that belongs to me in the House & out a doors, with the proceeds of the farm, to my wife Lueasy Wallen, with the Exception of a Bay colt & cow & saddle these things I Will to my Son, that is under age, Daniel Thomas Wallen, also, I want my wife to sell off enough of the property to pay my Debts the balance for her to do as she pleases with as long as she remains my Widow, then everything to be divided between her & all the children Equal, Lueasy Wallen, O. P. Wallen, Wm. Wallen, J. N. Wallen, Lucy Sutton, D. T. Wallen. Whereunto I assign my name, 
                                                                                                    Jessee B. Wallen.
Witness
Micajah (his + mark) Brewer
Jasper Francisco
John (his+mark) W. Grider                                                                              
                                                               State of Kentucky
                                                                                                      Rockcastle County
I, David N. Williams, clerk of the Rockcastle County Court, do certify that the foregoing instrument of writing purporting to be the Last Will & Testament of Jessee B. Wallen, Deceased, was at the October Term of said Court 1877, produced in open court by Jasper Francisco one of the Subscribing witnesses thereto and was proven in open Court by the oaths of Jasper Francisco and John W. Grider two of the Subscribing Witnesses thereto who stated that they were present when said Wallen signed & acknowledged said instrument of writing to be his Last Will & Testament and who witnessed said Will & Testament in the presence of the Testator and that Micajah Brewer witnessed the same in their presence & in the presence of the Testator whereupon the Court confirmed the same and ordered the same to Record which is together with this my certificate duly Recorded in my office in Will Book No. 1, Page 199.
Witness my hand this November 20th 1877.
                                                                 David N. Williams C.R.C.C.





Amanuensis - A person employed to write what another dictates or to copy what has been written by another.



SHARE

Monday, July 25, 2011

Amanuensis Monday: The Will of Jonas Sutton, Sr.



Jonas Sutton Sr. was my paternal 5th great grandfather. He married Elizabeth Runyan, daughter of Peter and Providence (Blackford) Runyan and granddaughter of Vincent and Ann Martha (Boutcher) Rongnion. This is one of two Sutton lineages of my father's that ties into my mother's Runyan lineage. My parents were 7th cousins.

Will of Jonas Sutton, Sr.
Amwell Township, Hunterdon Co., Pennsylvania 
dated 25 March 1797 

"Wife Elizabeth, what movables pleaseth her to keep; also use of lands jointly with son Amos, while widow. Son, Amos, remainder of personal and all real; he paying legacies. Daughter, Prudence 120 pounds. Sons, Jonathan, and Jonas each 120 pounds. Son, Nathan 75 pounds. To grandchildren (children of William), 120 pounds to be divided between them, when of age, except Elizabeth. Grandchildren (children of John) 120 pounds divided between them, when of age. Grandchildren (children of daughter Sarah) 120 pounds when of age except the son who appears not to have common sense. Grandson, Joshua (son of son Jonas) 120 pounds when 21." 

Executor - son Amos Witnesses - Joseph Lequear, George Trout and Adam Bellis, Jr. 
Proved Nov 11, 1797  

Descendants from Jonas Sutton, Sr. to Lisa Wallen

Amanuensis: A person employed to write what another dictates or to copy what has been written by another.


SHARE

Monday, July 18, 2011

Amanuensis Monday: The Will of Daniel Bloomer




Will of Daniel Bloomer (my paternal 5th great grandfather)
May 23, 1838


         In the Name of God, Amen. I, Daniel Bloomer of the State of Tennessee, Hawkins, County, being very low in body, but in perfect mind and memory, thanks be given unto God, calling unto mind the mortality of my body and knowing that it is appointed for all men once to die, do make and ordain this my last will and testament, that is to say: principally and first of all, I give and recommend my soul into the hands of Almighty God that gave it, and my body I recommend to the earth to be buried in a decent Christian burial at the discretion of my Executor, and as touching such worldly estate wherewith it has pleased God to bless me in this life, I give, devise and dispose of the same in the following manner and form:
         First of all, I give and bequeath to Lucy my dearly beloved wife, half of this plantation or the benefit thereof, my dwelling house and kitchen and all the furniture belonging to them and all the property that I now claim during her life, and for her to pay all my just debts and further for her to pay my daughter Lucy one hundred and sixty dollars at her marrying or coming of age.
         Also for the land I have in Scott County, Virginia, I will and bequeath to four of my sons which is William Bloomer who is to have from the lower end of the survey up to a beech and hickory. Thence a southeast course with a conditional line between him and Nehemiah Bloomer, and Nehemiah Bloomer is to have from that conditional line up to two beeches near Joseph Bloomer's field, thence a southeast course across the creek between Joseph and Nehemiah Bloomer's field. Joseph Bloomer is to have from the last conditional line up to a cucumber and back near the upper end of Joseph Bloomer's field. Thence southeast course to the creek. Thence running with the creek to a double lyne. James Bloomer is to have from this conditional line to the upper end of the survey; these lines are also to extend across Isham Young's entry that I have made.
         The house where Jesse Bloomer now lives, I bequeath to him; also the other half of this home plantation and at the death of my wife, the whole of this plantation is to be his.
         I bequeath at the death of my wife all the personal property, household and kitchen furniture, money and negroes to my six girls: Mary, Elizabeth, Milly, Phebe, Marthy, Lucy, and I further request my wife to have full power to sell or convey these negroes at any time for her decent support. I further bequeath Lucy have one falling leaf table and corner cupboard extra of her one hundred and sixty.
         And I do hereby utterly disallow, revoke and disannul all and every other former testament, wills, legacies, bequeaths and executions by me in anywise before named, willed and bequeathed--ratifying and confirming this and no other to be my last Will and Testament.
         In witness whereof I have hereunto set my hand and seal, and I appoint for my Executors, William Walling, Jr. and James Bloomer.


attest:                                                                                     his
         his                                                                        Daniel X Bloomer (Seal)
Ezkiel X Sullivan                                                                     mark
        mark
Claiborne Roberson




Amanuensis: A person employed to write what another dictates or to copy what has been written by another.

SHARE