Wayne County, KY John Adair's Estate

The name John Adair is a common one. One John Adair was Governor of Kentucky 1820-1824. My ancestors were John Adair Sr who died in Knox County, Tennessee in 1827 and his son John Adair Jr who died in Wayne County, Kentucky in 1843.

In March of 2015 I wrote a post for the Slave Name Roll Project in which I included a part of John Adair Jr's Will. I have since found the entire Will online at both Family Search and Ancestry.  He names his "friend" Isaac Burnett as his Executor. I'm looking for the connection between John Adair's family and Isaac Burnett, his name appears in several documents relating to my ancestors. Witnesses were Mark Foster and John Hurt. The appraisers of the estate were Giles M Loyd, Isaac Cooper and Washington Young Sr., no known connection there but all bear looking into. The maiden name of John Adair's wife Mary is unknown and these names might be a clue.

"I, John Adair of the County of Wayne and State of Kentucky do hereby make my last Will and testament in manner and form following, that is to say, I desire that all my debts and funeral expenses be paid, after the payment of my just debts and funeral expenses I give
my daughter Polly Parmley my negro girl named Milley and her three children Julie Ann, William and Franklin & the clothing, beds & bedclothing that belongs to my house and a flax wheel.I also give my son John Adair my negro woman Hannah and half the price of my land.And the balance of my money ? and chattles I give and bequeath to Robert Parmley's children, to be equally divided among them.And lastly I do hereby constitute & appoint my friend Isaac Burnett executor of this my last Will and testament hereby revoking all other or former Wills or testaments by me here before made.In Witness whereof I have hereunto set my hand & affixed my Seal this 6th day of October in the year One thousand eight hundred & forty two.Signed, Sealed & published & declared to be the last Will & Testament of the above named John Adair in presence of us   

Mark Foster John ^his mark^ Adair *Seal 

 John Hurt"

Also searching deep through the caverns of the Family Search catalog, I found the Inventory Appraisal of his Estate and the Sale Bill of the property sold.  In the Sale Bill, some of the names that are related to John are: Garner Parmley (his son-in-law), Polly Parmley (his daughter) and John Bell (his grandson). I used a "D" in place of what looks like "Dr" in the original handwritten list, I'm not sure but I believe it's meant to indicate that the person named bought the item listed. I've transcribed all 9 pages below as well as I could read it, here's page one just as an example.

Family Search, Appraisals, Inventories 1839-1853 Vol B

Starting mid-page 342:
"Inventory and appraisment
of the estate of
John Adair dec'd

Was at the January term of the Wayne County Court, 1844, filed for and ordered to be recorded and is in words and figures following viz -

Wayne County ?
 A true and just inventory and appraisment of all the personal estate of John Adair deceased which was produced to us by Isaac Burnett his Executor
1 Negro woman named Milley about 25 years old .....  400.00
1 Negro girl named Julia Ann 7 years old .....  250.00
1 Negro boy 5 years old named William .....  250.00
1 Negro boy 3 years old named Franklin..... 175.00
1 Negro woman named Hannah about 45 years old .....  200.00
1 Negro man named Andy about 60 years old .....  125.00
1 Bay mare   ..... 25.00
1 Bay horse  .....   10.00
Amount brot down   ...... $1435.00

342*  Amount brot forward .....   $1435.00
1 Bay horse mare  .....  21.00
1 Bay mare waggon  .... 30.00
1 yoke of oxen  .....  14.00
2 young steers  .....  8.00
6 cows & 2 calves & 2 heifers  .....  40.00
3 head of hogs shoats  .....  18.00
3 sheep and 1 bell  .....   2.00
1 Log chane  .....   4.00
3 Pair of harness & singletree and some old chains  .....  1.25
2 Bells  .........  .41 1/2
1 Cutting knife & 1 inch chisel  .....  1.00
1 foot ads & howell  .....  1.25
2 shovel plows  .....  1.25
1 Brand axe  .....  1.50
1 Rat trap  .....  .12 1/2
1 Brand chisel & 1 drawing knife and one old hand saw  .....  1.25
1 singletree & chains & rod and tang plow  .....  1.00
2 old axes & 1 three grater auger  .....  1.25
1 hose 1 grubing hoe  .....  .75
1 Raw hide  .....  1.00
1 Pair of hand irons & 1 wedge  .....  1.25
1 Tub 1 pail 2 piggins ......  1.12 1/2
2 skilets  .....  .50
1 Pot rack 1 shovel  .....  1.37 1/2
1 Pot  .....   1.50
1 Tub 3 old pails 1 old churn  .....  .50
2 ovens 2 lids 1 kitel .....  2.00
1 mare saddle ...... 5.00
1 womans saddle  .........  8.00
1 Gun  .............. 4.00
1 Kittle  .....  2.00
1 Clock  ..... 8.00
2 Chest 1 table  .....  5.50
4 Chairs 1 soap stand ...... 1.00
2 jugs 2 jars 2 crocks ..... 2.00
1 Lot of cupboard furniture  .....  3.00
1 Bar of Iron  .....  .75
2 tin trunks 1 pocket book  ..... 1.50
3 Beds and furniture  .....  25.00
2 Pair of sheep shears  ...... 1.00
1 Pair of Hyllands & Hung Plow one rod and 1 half inch auger  ..... 2.00
Amount brot down
*Should be 343

344  Amount brot over
Cash on hand  .....32.61

Notes and accounts towit,
One note on Isaac Burnett calling for one thousand dollars due the 1 day of March 1844...1000.00
One note Robert Parmley calling for one hundred and thirty five dollars due 23 of Sept 1844 ... 135.00
One on Garner Parmley calling for eighty five dollars due the 19 of February 1838  ...... 85.00
One on John S. Bell for forty five dollars due 1838  .....  45.00
One Note on Garner Parmley for fifty five dollars due 24 of December 1837, with credit on it for twenty seven dollars paid 15th October
One Note on Garner Parmley for one hundred dollars due the 16th day of March 1833  ..... 100.00
One Note on Hiram Gregory for thirty two dollars 19 cents due 16 of Juen 1839  ....  32.19
One Note on James Sandusky calling for twenty three dollars due 9th of March 1840  .....  **
One smoothing iron ........  .62
One lot of Corn judged to be 24 barrels ......  16.00
1 flax wheel 1 chec reel 1 sifter 1 bread tray  .....  3.00

I do certify that the foregoing inventory contains all the personal estate of John Adair dec'd which hath come to my hands at this time on Beaver Creek.
Isaac Burnett

We do certify that the foregoing appraisment was truly and justly made of the personal property of John Adair deceased which was produced to us by his Executor to the best of our judgement all of which we respectfully report to the Wayne County Court.
Given under our hands this the 8th day of December 1843.
Giles W. Loyd
Isaac Cooper
Washington Young Sr
**Amount not listed in the column

345  Wayne County Ky
A true and just inventory and appraisment of all personal estate John Adair deceased which was produced to us by Isaac Burnett his Executor
One Clock five dollars  .....  5.00
2 Stills and ivories 18 tubs 1 dollars  ..... 16.00
1 brill syths 2 bells one ax 75 cts  .....  .75
2 Sythes Cradles one dollar  .....  1.00
6 Tubs at one dollar 37 1/2 cts  .....  1.37 1/2
1 Lot of plonder at  .....   .75
2 Plows and ot of plonder  .....  2.00
1 Steel trap one dollar  .....  1.00
1 Loom one dollar & fifty Cents  .....  1.50
2 Wheels 1 tub 1 bellow  .....  1.50
1 Cupboard six dollars  .....  6.00
3 Books at fifty cents  ....  .50
1 Sheep at fifty cents  .....  .50
12 Hogs at twelve $ fifty cents  .....  12.50
...................... $50.37 1/2

I do certify that the foregoing inventory contains all the personal estate of John Adair deceased which hath come to my hands at this time on the Little South fork.
Isaac Burnett

We do certify that the foregoing appraisment was truly and justly made of the personal property of John Adair deceased which was produced to us by his executor to the best of our judgement all of which we respectfully report to the Wayne County Court.
Given under our hands this the 16 day of December 1849.
Isaac Cooper
Washington Young Sr
Washington Young Jr


346 Sale Bill of the estate of
John Adair dec'd
Was at the January term of the Wayne County Court 1844 filed and ordered to be recorded and is as follows

1st Garner Parmley D for a lot of hogs ..... 18.50
John W Higginbottham D. for a waggon ...... 25.00
C S Higgenbottham one lock chain  .....  4.00
Isaac Cooper D for Sheep .....  1.00
Garner Parmley D for a yoke of oxen .....  10.00
John Parmley D for two steers  .....  8.50
William Heriford D for one cow  .....   4.75
Isaac Cooper D for two cows .....  7.25
T J Cooper D for 2 cows 1 calf  .....  6.18 3/4
Washington Young D for 1 cow 2 heifers  .....  5.68 3/4
T J Cooper D for one bay mare  ......  15.00
C S Higgenbottham D for one bay mare  ......  10.25
Garner Parmley D for one horse  .......  2.00
Garner Parmley D for oxen   .....  1.25
Jacob M Cooper D  - - - -  .....  1.50
Isaac Cooper D for one hand saw  ...... .12 1/2
Washington Young D for a lot of tools  .....  2.31 1/4
Garner Parmley D for a lot of tools  ......  1.77
Garner Parmley D for a pair of Shylands  ......  .50
Wm A Wright D for one pot and skillet   .....  1.38
Wm A. Wright D for one lot of plunder  ...... 1.00
John Morrow D for one lot of plunder   .....  1.40
John Bell D for a braid axe and auger  ...... 1.70
Washington Young D for a lot of plunder  ......  1.10
William Carter D for 1 kittle and iron  .....  2.12 1/2
William Bell D for a mans saddle  ......  2.62 1/2
Thomas Baker D for one saddle  .......  4.00
John Parmley D one gun  ....... 3.31 1/4
William A Wright D for a lot of plunder  ...... .81
Garner Parmley D for a lot of cover  ......  10.00
Washington Young D for 1 pocket Book  .....  .18 3/4
John Morrow D for 1 lot of plunder  .....  1.70
2nd James Parmley D for one block  ..... 3.50
John Parmley D for one still worn & eight tubs .....  5.25
Robert Parmley D for one still & nine tubs  .....  2.00
Washington Parmley D for one lot of tools .....  1.06 1/4
Edward Young D for one sythe cradle .....  .50
Washington Parmley D for one sythe cradle  .....  .37 1/2
Jonathan Burnett D for 6 tubs  .....  1.00
Jacob Sandusky D for one lot of tubs  ..... 1.18 3/4


347 Amount brot forward

James Parmley D for one plow  ......  1.00
Washington Young Jr D for one plow  ..... 1.00
Washington Young Jr D for one steel trap  ...... 1.06 1/4
Isaac Burnett for one cupboard  ...... 6.00
James Parmley D for 2 wheels & one bellows  .....  2.50
Jonathan Burnett d --one cupboard--  ..... ***
James Parmley D
Jonathan Burnett D for one ? four dollars ..... 4.00
William Crabtree d for one sheep  .....  .56 1/4
Jeremiah Burnett d for three books  ......  .37 1/2
Isaac Burnett D for 12 head of hogs  ......  12.50
3rd
A list of the remainder of property sold on Beaver Creek, at the last sale
[Transcription by Laura Mattingly, Old Trunk in the Attic]
William Sear D for one clock  .....  4.00
Garner Parmley D for 2 trunks  .....  .87 1/2
Garner Parmley for chest  .....  .62 1/2
Garner Parmley D for 5 chairs  ......  .86 1/4
Polly Parmley D 1 reel 1 wheel  .......  .18 3/4
William Sarr D 1 set of plates & forks 3  .....  1.06 1/4
William Sarr D 1 dish 3 glasses  ...... .62 1/2
William Sarr D for 1 lot of ware  ...... .50
William Sarr D for 1 pitcher  ...... .50
Garner Parmley D for 1 table  ...... .50
Galeon Socker D for 1 chest  .....  2.63 1/2
William Herriford D 1 pocket compass  ..... .10

Settlement with the --Executor--^ Administrator of the estate of
John Adair Dec'd
Was at the          term of the Wayne County Court 184__  Ordered to be recorded and is in these words and figures towit.
Upon the application of Isaac Burnett and Robert Parmley administrators of the estate of John Adair dec'd (who were both present) the undersigned two of the commissioners appointed by the Wayne County Court to state and settle the accounts of executors, administrators and guardians, within the County of Wayne, did on Thursday the 8th day of
*** Looks like 6.00 was erased


348   January 1846 meet at the Clerk's office in Monticello, for the purpose of stating, and settling the accounts of said administrators, and it appearing from the Sheriff's return upon the summons filed herein against the heirs, distributors and Guardians that the same had not been served. It is therefore agreed between said Commissioners, and said Administrators that an alias summons issue against said hears and Guardians returnable to the 24th day of January 1846 and that all further action herein on the part of said commissioners be suspended until the said 24th day of January 1846 and then to agreeable at the above renamed place for the purpose of making said settlement.
W Simpson Court

And whereas afterwars towit, on the 24th day of January 1846 said commissioners and said Administrators assembled for the purpose above named (the alias summons issued herein having been regularly served according to law and proceeded to the discharge of their duties and report as follows viz.
1st said Commissioners upon an examination of this sale bill of the personal property returned and recorded, of the estate of the said John Adair dec'd bearing date the     day of      18     a certified copy of which is herewith filed as an exhibit in this settlement that said administrators are chargeable to this sum of 212.77 1/4

Said Commissioners upon an examination of the Inventory and appraisment list returned and recorded in the County, a certified copy of which is herewith filed as an exhibit in this settlement, that said Administrators are chargeable to the further sum for cash on hand 32.61
To One Note on Isaac Burnett due the first day of March 1844 for   ..............  1000.00
" One do on same due 16th day of Dec 1843
   per additional Inventory of Notes (B)  ..............................................................  19.06 1/4
" One do Robert Parmley due 23rd Sept 1844  ..................................................  135.00
" One do on do Due 3rd Dec 1843
   per additional Inventory of Notes C   ................................................................. 40.00
      Amount brot down  ...................................................................................  $1439.44 1/2


349  Amount brot forward  $1439.44 1/2
One Note on Robert Parmley Inventory of Notes D  .....  2.00
   due 15 Dec 1843
T  One do on Garner Parmley due 19th Feby 1835  ..... 85.00
     Interest on same list 13th July 1844
T  On do on same due 24th Dec 1831 for $55
     with a credit of $27 pd 15th Oct bal & interest  .....  49.14
T One note on Garner Parmley due the 16th March
     1833 on which was brought in the Wayne 
      Circuit Court by Said Admrs and on
      which Judgment was rendered at the
     April Term 1844 for $100 Subject to a
     Credit of $50 paid 16th March 1833
     balance principal of $50
     Interest on same 34
          Balance   .....  84.00
T  One do on John S Bell due 1838  .....  45.00
T  One do on Hiram Gregory due 16th June 1839
     $32.19 with a credit of $10 pd 17 August 1844
     balance including interest   .....  33.94
T  One Note on James Sandusky due 9th March 1840  .....  23.00
     Interest collected on same   .....  3.00
T  One Cupboard on Inventory not sold  .....  6.00
T  12 head hogs  .....  12.50

          Amt of delinq (?)  ........  $1815.63 1/2

Said Commissioners now find and allow said administrators the following Credits per vouchers and receipts to us produced & numbered and herewith filed viz - 
By Note on John S Bell due 1838 which was discharged by the obligor. by a Plea of infancy as per Certificate, of Giles W. Loyd JP. before whom the Cause was tried  .....  45.00
By Fee bill pd M. P. Buster Ds  .....  .84
"  "  "  pd Wm Harder J.P.  .....  .37 1/2
"  "  "  "  G W Loyd J.P.  .....  1.12 1/2
"  "  "  "  Shff W C  .....  1.67
"  "  "  "  do  do  ....  .80
Amt Paid G W Loyd for Coffin  .....  4.00
"  "  Thos Baker, Crying property  .....  1.50
"  "  do  do  Serving notices  .....  4.00
Fee bill pd C. I. Higginbottham J. P.  ....  1.00
Paid Washington Younger appraiser  .....  4.50
"  Isaac Cooper  same  .....  4.50
"  G W Loyd     same  .....  1.50
Amt of Credits brot down  .......... $70.81


350 Amount of Credits brot over    $70.81
Paid Washington Young Jr appraiser  .....  1.00
"  Harry Chrisman witness  .....   .50
"  Wm Redman ac  ......   .37 1/2
"  Miles Gregory SWC  .....  1.75
"  Wm P Gooding work on graves  .....   20.00
"  Joseph Beck fee bill  .....   .25
"  Amount pd F. P. Stone atty at law
     $25 pr receipt filed, Adm. however
     only instilled to a Credit of $20 as
     $5 was taxes in bill of costs & collected  .....  20.00
By a Judgment and costs in favor of Hiram Gregory in the office of W. P. Harder  ..... 5.49
" Taxes pd Shff for 1841  .....  5.99
" Clerks fee bill 1844  .....  2.75
"  do  "   "   1844  .....  4.62
"  do  "   "   1843  .....  3.81
"  do   "   "   1845  .....  3.90
"  do   "   "   1846  .....  4.50
Amount pd Comms for making this Settlement three days Service  .....  9.00
Said Commissioners find from an examination of an article of settlement between the heirs of John Adair dec'd bearing date 25th April 1844 a copy of which is herewith filed that the Costs of a Inst brought in the Wayne Circuit Court by the Guardian and heirs of Robert Adair dec'd to set aside the Will of John Adair dec'd, and which pursuant to said agreement was dismissed at the April term 1844, were to be paid out of the estate of the said John Adair dec'd. We therefore allow said administrators an account filed by Thomas Baker Guardian for Robert Adair's heirs pd S Beard and Jacob B Calling for advising and bringing and prosecuting the above named Inst.  .....   80.00
By Account due Isaac Burnett for Keeping and     
     feeding hogs .....  6.00
     Shffs fee bill 1844  .....  9.92
Said Commissioners allowments said Adms for their services and trouble in administering on and winding up Collecting and disbursing said estate the sum of eight per Anton (?)  .....  $815.63
     Amount of Credit brot down  .....  $316.61

351  Amount of Credit brot forward  ....  $316.61

and four percent on the $1000.00 owed by Isaac Burnett to said estate as compensation for disbursing said $1000  ......  $40.00
        ............................$356.61

Amount of Debit brot down  .....  $1815.63 1/2
Amount of Credit deducted  .....   $356.61
Leaving in Adms hands the sum of   .....  $1459.02 1/2
Fourteen hundred and 59 dollars & two cents
Given under our hands this 27th day of January 1846.
Wm Simpson
M Phillips    Coms"

My Relationship to:

John Adair: Fifth Great Grandfather

The lineage:
1. My Fifth Great Grandfather: John Adair Jr
2. My Fourth Great Grandmother: Mary "Polly" Adair Bell
3. My Third Great Great Grandfather: John Silas Bell
4. My Great Great Grandmother: Martha Bell
5. My Great Grandpa: Cicero Bell
6. My Grandpa
7. My Mom
8. Me

Christopher Boone's Will

Christopher Boone's Will found at Family Search

In the name of God the Lord AmenI Christopher Boon make this my last will and testament - I wish my daughter Margaret the wife of William Boon, and my daughter Susan each to have a hundred dollars set apart for them above an equal division of the rest. I then make an equal division of my estate with all of my children, except my son William's children who have got as mutch as I intend giving them.  June the 13th 1865

Christopher Boon

Witnesses

Henry Sutherland

Wm Sutherland

At a County Court held for Nelson County on the 13th day of May 1873, this paper writing purporting to be the Last Will and Testament of Christopher Boon, deceased was produced in open Court and duly proven by the oath of Henry Sutherland a subscribing witness thereunto who also proved the signature of William Sutherland the other subscribing witness to said writing who signed the same in the presence of and at the request of said Testator, and all being in the presence of each other & etc. whereupon said will was ordered to be recorded.

Att J D Elliott Clk

Nelson County Court

Christopher Boone

Born in 1792 in Prince George's County, Maryland, the son of Walter Boone & Mildred Edelen, Christopher Boone died maybe just before May 13, 1873 in Nelson County, Kentucky.  He farmed in Nelson county for over 40 years.

He was married to Ann Rhodes on October 2, 1824 in Nelson County.  He was survived by four daughters,  Mary Louise Wimsett, Mary Loucretia Fowler, Margaret Boone and Susannah Elizabeth Boone and two sons, Henry M., and Robert I.  He was preceded in death his eldest son, William Ignatius in 1864.

See also my previous post on my husband's "Boone Ancestors". 

My Husband's Relationship to:

Christopher Boone: Second Great Grandfather

The lineage:
1. My husband's Great Great Grandfather Christopher Boone
2. My husband's Great Grandfather Robert I Boone
3. My husband's Grandmother Mary Frances Charlotte Boone
4. My husband's Father Joseph Hamilton Mattingly
5. My husband

Amanuensis Monday - Will of Mary Smith 1863

Mary Smith

In the name of God Amen

I Mary Smith of Burrillville in the County of Providence and

State of Rhode Island, Widow being weak in body but of sane

mind, in view of my of my approaching dissolution do make this

my last will and Testament in manner following that is to say:

First I give & bequeath to my Nephew Daniel S Sayles son of

Pitts Sayles, my large Silver spoons marked D. S.

Second I give and bequeath to Mary D. Stokes, Daughter of Daniel

S. Shumway twenty five dollars in money.

Third I give & bequeath to James S. Shumway Son of Daniel S.

twenty five Dollars.

Fourth I give and bequeath to Sarah S. Coggswell, Henry H.

Shumway & Louisa R. Shumway, Children of Daniel S. Shumway

Ten dollars each, all the above named legaries are to be paid out of

my personal estate by my executors herein named within one year

after my deceased.

Fifth I give devise & bequeath unto my Nephews Daniel S. Shumway

& unto my Niece Lucy Sayles wife of Pitt Sayles all the rest and

residue of my estate of every kind and wheresoever situate or lying 

equally between them share and share alike to them & their heirs

and assigns forever, they paying out of the same all my just debts 

funeral charges and expenses of settling my estate.

Lastly, I hereby nominate and appoint Daniel S. Shumway and

Lucy Sayles aforenamed sole Executors of this my last Will & Testa-

ment and do hereby revoke all other and former wills by me made

and publish and establish this and this only as my last Will

and Testament.

In Testimony whereof I have hereunto set my hand at Burrill-

ville this fifth day of May in the year of our Lord one thousand

eight Hundred & Sixty two.

Signed published and and declared by Mary Smith as and for her last 

Will and Testament in our presence who have at her request and in

her presence and in presence of each other hereunto set our names

as Witnesses.

Whipple Walling                          Mary Smith

John A. Field

John Walling

I Mary Smith of Burrillville in the County of Providence &

State of Rhode Island do this 20^th day of May A. D. 1863 make

& publish this codicle to my last Will and testament in manner 

following that is to say.

Whereas in my said Will I have given to my Nephew Daniel S. Shum-

way and Lucy Sayles wife of Pitts Sayles the remainder of my estate

of every kind which I have not named above & given away.  I do hereby 

order and declare and my Will is that portion of my estate which I

give to my Nephew Daniel S. Shumway.  I give devise & bequeath to 

Thomas D. Sayles & his heirs & assigns forever.  I do hereby nominate 

and appoint the said Thomas D. Sayles in connection with Lucy

Sayles to be Executors in lieu of Daniel S. Shumway.

And I hereby order this my codicil to be ammened to and make a

part of my last Will and Testament to all intents and purposes. 

In testimony whereof I have hereunto set my hand at Burrillville

this 20^th day of May in the year of our Lord one thousand eight hun-

dred & Sixty three.

Signed published & declared by Mary Smith as & for her last Will &

 Testament in our presence who have at her request in her presence

& in presence of each other hereunto set our names as Witnesses.

Charles Moore                                                Mary Smith

John Walling

Martha S. Walling

I ordered this Will from SAMPUBCO from a list of Massachusetts Will Testators Index.  It turned out to be the wrong Mary Smith for me.  If this Mary Smith is in your tree, let me know!

John McGrath - Luck of the Irish

John McGrath died the day the Titanic hit the iceberg, April 14, 1912.  He wasn't on it. It's just interesting to note things like that.  He had been in the US for at least 55 years. Before he married Rachel Simmons in 1858, I have no record of John, but he may have been somewhere in New York.  Where they got married is a mystery.  Just like in a movie, I think they must have been married by a circuit preacher or wagon train master. 

His birth year varies on records from 1821 to 1841, but the family notes I found in the old trunk in the attic had his birth date as June 24, 1831, born in Ireland.  In the 1860, 1870 and 1880 censuses his birth year figures to be about 1830 and his birth place is always Ireland.  But by 1900 those stats start to change a little.  On the 1897 marriage affidavit he gives his age as 56, born in Ireland.  He was marrying a 51 year old woman, I can understand him not admitting to the age of 67.  In the 1900 census his age is 64 not 69, born in New York.  His death certificate has his age "85 yrs or there about" (81 by my math) and birth place Ireland, his son-in-law Levi Patterson provided the information. The grave stone has his birth year as 1821 which would make him 91 at his death. Incorrect information, plus the look of the grave stone, just makes me think that it was placed several years later. 

Not being able to get a marriage record, I thought I would try for some birth records of their children.  His son, Art, was born in Henry, Illinois in October of 1876.  Birth certificates were not filed in Marshall County that early.  So hoping to find a birth announcement (with no luck), I searched the Henry Republican newspaper and just happened to find this newsy paragraph from May 18, 1876. That last sentence makes me think John was a little annoyed. But this little clipping tells me that he owned land in Illinois, I'd like to find out more about that.

On a beautiful sunny September Friday in 2005, I took a rare family history vacation day and drove from Grand Island to Broken Bow on Scenic Highway 2.  It's a beautiful drive up into the Sandhills, I love it up there.  I went in to the County Clerk's office and asked to look at land records to find out if John McGrath was a homesteader.  The Clerk showed me to the dusty old books and helped me get started and soon I found the McGrath name. The Clerk gave me this plat mat and marked where the land is.   He also tried to tell me how to get there coming in from the north, but I just wasn't sure how I would really know it if I saw it.  I grew up on country roads in a very flat part of Nebraska where the roads are all laid out on a square grid.  The roads in the Sandhills don't have intersections every mile.  I sat in my car debating whether or not to take the drive.  Time wasn't a problem, and it was such a gorgeous day it would be a nice drive anyway.  Then I noticed the line that ran through the part he marked (I marked the line I'm talking about with two red marks).

 A horizontal line with like a T every so often.  It went all the way over to the road south of Oconto.  The idea came to me that maybe that line meant a railroad, so I went back into the Clerk's office and asked him. He said, "No...(major disappointment) but I think it's an overhead power line."  With a huge smile, I thanked him and set out on my road trip!  I decided to go south of Oconto and then west, the dark blue line I have marked.  Following the curves in the road to the point of his mark, and with the power lines overhead there, I was sure I had found John McGrath's homesteaded land - at least a part of it.  I stopped my car on the road and took pictures.  Normally, I would have liked not to have those power lines in the photo, but I was glad to see them that day.  Climbing over the fence and walking around did occur to me, but I was by myself and didn't know what to do with my car.  There was no where to hide it.

So I sent to the Bureau of Land Management for his Homestead claim documents.  The claim was filed in North Platte on October 12, 1888 for the East half of the Southwest quarter and lots numbered 3 and 4 of Section 18 in Township 13 North of Range 23 West of the Sixth principal meridian in Nebraska containing 151 acres and eighty-three hundredths of an acre.  He built a 20 x 22 sod house, sod stable, grainery, chicken coop, well, windmill and pump, cellar and corral.  My Mom has a photo of the Homestead taken by Solomon D Butcher, which can also be found through the LIbrary of Congress, American Memory project here.  

In this "Testimony of Claimant" form, John states he was born in New York, not Ireland as in the early census records.  He established actual residence on that property in March, 1888 with "myself, wife & boy", that would be Rachel and Art.  Question #9 is "What is the character of the land?  Is it timber, mountainous, prairie, grazing or ordinary agricultural land?  State its kind and quality, and for what purpose it is most valuable"  The written answer is "Rolling farming & grazing land & very poor at that". Now I can tell from John's signature at the bottom of the page, that someone else wrote these answers.  For some reason, I can just hear a grumpy old man telling whoever was writing it to "make sure you put that in there!"  This is his signature.

Two other men filed "Testimony of Witness" forms, Alonzo Patterson and Henry Brown. Both men answered "yes" to "Have claimant and family resided continuously on the homestead since first establishing residence thereon".  These are dated April 27, 1895. But when Rachel died in June 1896, they were residing on the "Brown & Hughes farm east of town".  Maybe they moved closer to Cozad when Rachel became ill to be closer to a doctor. The Brown of "Brown & Hughes" could be Henry Brown.  John sold the land in 1909.

I have never found an obituary for John, but I have his will.  Dated March 25, 1912, he left $1.00 to each of his 3 children and "the rest of his property of every kind and description" to his grand daughter Nellie Patterson.  Actually Nellie Patterson was a grand daughter-in-law, but I think there were 2 Nellie Patterson's and I'm not sure which one he meant.  He made no mention of his wife, Susan, she had not been living with him for seven years. But she did attempt to get her portion of his estate.  Art requested reimbursement for some medical expenses in the amount of $211.50, which seems to have been denied.  The funeral expenses totaled $69.00 for a casket, burial robe and use of a hearse.  The funeral expenses were paid, Susan got $200, the Executor's fees were $85 and Nellie Patterson received $318.25 and a promissory note for $50 payable to her.  Whether his children received their $1.00 it doesn't say. 

After finding out about his second marriage from the Will documents, I got this copy of the marriage record from Custer County.  It has John's parents as Arthur (his son's name) and "R McCarty".  Knowing his firstborn daughter's name was Mary Rebecca, I ventured a guess that the R stands for the name Rebecca.  I entered her name in my software as "R (Rebecca?)", and it's in my Rootsweb World Connect Tree that way. It's even noted that I am assuming that's her name.  I have seen a few trees in Ancestry that have her name as "R Rebecca".   

With the story about the wolves, the remark about the land being very poor and the fact that he gave his children $1 in his will, I get the impression that John McGrath could gripe about it all right along with the Walter Matthau & Jack Lemmon characters from "Grumpy Old Men".  Not as mean as the "warped, frustrated, old man" Henry F. Potter in "It's a Wonderful Life!", but a guy with a pessimistic attitude.  That attitude may have made its genetic way down to me, my first reaction is most often negative.  But give me a minute to think and I might see things better.  John may not have had the best of luck in his life, but at least he didn't come over on the Titanic.