Addair, Mary (b. 1769, d. 30 SEP 1845)

Note: Abstract of Will or Administration: Henry Co., IN; book G, pg. 576 , 577,578;
Date: 3 May 1897; Name of Witnesses: I.N. Addison, George H. Dellinger;
Heirs: Sons; Thomas, George, Ezra, James Wisehart, Melissa Gray, Mary Wisehart,
Lucy Wisehart, Nancy Dudly.
To Sons: After all debts are paid. com . at a. four rods W from the W1/2 N NE corner of
the E1/2 of the W1/2 of the NE 1/4 Section 30; township 18; N range 9E running thence
South 40 rods; thence W 16 rods thence N 40 rods thence E 16 rods to the place of the
beginning. Containing four (4) acres for Thomas, George, Ezra.

Death: 30 SEP 1845 Middletown, Henry County, Indiana

Burial: Mechanicsburg Cemetery

Reference: 1712

Note: Court Papers Regarding Estate of James Addair, Jr., 1847

ESTATE OF JAMES ADDAIR, JR.
SUIT OF SUMMERS VS TUNNELL


parties names
Calvin Tunnel & Jane his wife late Jane Adair
Barbara Warick late Barbara Adair
Grissy Kirby
William Miller & Polly his wife late Polly Kirby
Sally Kirby
Thomas Kirby James Kirby
Richard Kirby
James Lamar & Elizabeth his wife late Elizabeth Kirby
Virginia Kirby
Shepherd Kirby
James K. Miller son of Nancy Kirby Decd heirs & Representatives of
Jane Kirby Decd late Jane Adair
James King heir & Legal Representative of Sarah King, late Sarah
Adair, Decd
James Wiseheart
John Wiseheart
Samuel Wiseheart
Willis Wiseheart
Benjamin Wiseheart
Reuben Wiseheart
Andrew Wiseheart
William Wiseheart &
Elizabeth Wiseheart heirs & Legal representatives of Polly
Wiseheart Decd
James Adair
John Adair
William Adair
Mary Adair &
Nancy Adair heirs & legal representatives of William Adair, Decd
Samuel Johnston
Charles Johnston
Mary Ann Johnston
Bethenia Johnston
Telethe Johnston Jas. Summers wife
Sarah Jane Johnston & In Pulaski Malivrina Johnston heirs of
Elizabeth Johnston, late Elizabeth Adair Decd
Samuel Adair
John Adair
William Adair
Moses Adair
Thomas Adair, two children of James Adair (a son of John Adair
Decd) whose names are not known & two children of -----
Thompson whose names are unknown & David Crum & Nancy
Crum late Nancy Adair daughter of John Adair heirs & Legal
representatives of John Adair Decd.







SUMMONS

The Commonwealth of Virginia
To the Sheriff of Pulaski County Greeting

You are hereby commanded to summon William Miller Admr of James
Adair decd and in his right, Polly Miller his wife late Polly
Kirby, Calvin Tunnel and Jane his wife late Jane Adair, Barbara
Warick late Barbara Adair, Grissy Kirby, Sally Kirby, Thomas Kirby,
Richard Kirby, --- Lamar and Elizabeth his wife late Elizabeth
Kirby, Virginia Kirby, Shepherd Kirby, James K. Miller son of
Nancy Kirby Decd heirs and representatives of Jane Kirby Decd late
Jane Adair, James King heir and legal representative of Sarah King
late Sarah Adair Decd, James Wiseheart, John Wiseheart, Samuel
Wiseheart, Willis Wiseheart, Benjamin Wiseheart, Rueben Wiseheart,
Andrew Wiseheart, William Wiseheart, and Elizabeth Wiseheart heirs
and legal representatives of Polly Wiseheart Decd,
James Adair, John Adair, William Adair, Mary Adair, and Nancy Adair
heirs and legal representatives of William Adair Decd, Samuel
Johnston, Charles Johnston, Mary Ann Johnston, Bethena Johnston,
Telethe Johnston, Sarah Jane Johnston, and Malvina Johnston heirs
of Elizabeth Johnston, late Elizabeth Adair Decd, Samuel Adair,
John Adair, William Adair, Moses Adair, Thomas Adair, two children
of James Adair (a son of John Adair Decd) whose names are not known,
and two children of ---- Thompson whose names are unknown, and
Daira Crum and Nancy Crum his wife late Nancy Adair, a daughter of
John Adair, heirs and legal representatives of John Adair Decd. To
appear at the Clerk=s office of our Circuit Superior Court of Law
and Chancery holden(?) for Pulaski County at the Court-house on the
first Monday in January next, to answer a Bill in Chancery exhibited
against them by Susan Summers late Susan Adair, George Summers, and
James Summers and unless they shall answer the said Bill within two
months thereafter the Court will take the same for confessed and
decree accordingly. And this they shall in way(?) omit under the
penalty of ,100. And have then there this writ.(?)

Witness William B. Charlton Clerk of our said Court at Pulaski
Courthouse the 13th day of December 1846 in the 70th year of the
Commonwealth.
William B. Charlton Clk



Susan Summers & al.
Spa In
Chancery
William Miller & al.

1847 To January Rules

I acknowledge this service of
the within
William Miller








COMPLAINT


To The Hon James E. Brown Judge of the Circuit Superior Court of
Law & Chancery for Pulaski County

Humbly complaining Sheweth unto your Honor your orators James
Summers Ezekiel H. Summers George Summers and your oratrix
Susan Summers That James Adair late of the County of Pulaski
departed this life on the day of 18 (no date is entered)
intestate. For many years he had been a citizen of the Said
County and by his prudence industry and economy he has
acquired a large Estate both real and personal. Letters of
administration on his Estate were granted in due form of Law
to William Miller of Pulaski by the County Court of Said
County. He proceeded to execute the trust and returned an
inventory & Sale Bill of the property. In the inventory is
enumerated twenty seven negroes a portion of which were
subsequently sold by the said administrator and the others
hired a copy of the inventory & Sale bill of the negroes is
herewith filed & prayed to be taken & considered as a part of this
Bill. He also died seized & possessed of a valuable real Estate
consisting of one tract of Land lying (on?) Back Creek containing
5 or 600 acres (another?) containing 200 acres purchased by him
from one Joseph Spears a tract lying on the waters of Peak Creek
containing 200 acres and another it is believed purchased from
Caddall containing 150 acres all of which lands lie in the County
of Pulaski. The intestate was never married and his estate of
course descends to his relatives, his brothers & sisters of the
whole & half blood or their descendants of whom there were a great
number to wit: Thomas Adair a full brother who died before the
intestate, leaving two children Jane who intermarried with Calvin
Tunnel and Barbara who married Warrick but who is now dead leaving
the sd Barbara a widow without any children. These have sold their
interest in the Estate aforesaid to your orator George Summers.
*(designates insertion placed at end of document) Jane Adair a
full sister who married John Kirby and died leaving Polly who
married Wm Miller the said administrator, Grisey Kirby, Nancy Kirby,
Sally Kirby, Sally Kirby, Thomas Kirby, James Kirby, Richard Kirby,
Elizabeth Kirby who married Lenoin Virginia Kirby, Shepherd Kirby
and James R. Miller heir & legal representative of Nancy Kirby who
has departed this life. Sarah Adair a half sister married John
King and has departed this life leaving James King who sold his
interest in said intestates Estate to your Orator Ezekiel H.
Summers. Polly Adair a half sister who married Thomas Wiseheart
and died before the intestate leaving nine children her
representatives to wit: James, John, Samuel, Willis Benjamin Reuben
Andrew William and Elizabeth. Wm Adair a half Brother died leaving
five children to wit: Samuel, John, William, Mary & Nancy.
Elizabeth Adair a half sister married Mark Johnston and died
leaving Samuel, Charles, Mary Ann, Bethenia, Teletha, Mary Jane,
and Malvina, whose interests were purchased by your orators James
& George Summers. John Adair a half Brother died leaving Samuel
John William, Moses, Thomas and James Adair who died leaving two
children whose names are unknown to your Complainants, also a
daughter named Polly and one named Nancy who left two children
whose names are also unknown to your complainants. And your
Oratrix who is a half sister of the said Intestate being the last
surviving one of the whole family. It is desirable and would
greatly conduce to the interests of your complainants if their
interests in the Said Estate in the (tear in paper) as well as
lands could be ascertained and (and) delivered over to their own
possession and they are advised that they are entitled to have
partition thereof granted them and being wholly without remedy at
common Law and only relieveable in this (hon?) Court to that end
they pray that the aforesaid Jane Tunnel & Calvin Tunnel her
husband Barbara Warrick and (stricken her husband ??? Warrick)
Grisey Kirby, (stricken Nancy Kirby) William Miller and Polly his
wife late Polly Kirby, Sally Kirby, Thomas Kirby Richard Kirby ---
Lenoir & Elizabeth his wife late Elizabeth Kirby, Virginia Kirby
Shepherd Kirby James Kirby James K. Miller son of Nancy Kirby decd
heirs & representatives of Jane Kirby decd late Jane Adair, James
King heir & legal representative of Sarah King late Sarah Adair
decd James Wiseheart John Wiseheart, Samuel Wiseheart Willis
Wiseheart Benjamin Wiseheart, Reuben Wiseheart Andrew Wiseheart
William Wiseheart & Elizabeth Wiseheart heirs & legal
representatives of Polly Wiseheart decd James Adair John Adair
William Adair Mary Adair and Nancy Adair heirs of William Adair
decd Samuel Johnston Charles Johnston Mary Ann Johnston Bethenia
Johnston, Teletha Johnston Sarah Jane Johnston and Malvina Johnston,
heirs of Elizabeth Johnston late Elizabeth Adair, Samuel Adair
John Adair William Adair Moses Adair Thomas Adair, two children of
James Adair (a son of John Adair decd) whose names are unknown
Polly Adair and two children of Nancy Adair whose names are unknown
heirs & legal representatives of John Adair decd be made parties
Defendant to this Bill & be required to answer the allegations
hereof fully on oath, that a partition be made of the negroes &
lands aforesaid among the several claimants this according to their
several rights and if such cannot be done having due regard to the
interest of all, that a decree for Sale be entered and suitable
persons be appointed to consider it, that your honor (some tears
so questionable -- would resume this Court and in case it may be
rendered necessary that the Administrator William Miller of James
Adair Decd who is prayed to be made a party defendant to this Bill
in that character be requested ??? state & settle ?????????? ) that
your honor will grant all other and such (???) relief as to Equity
belongs and the nature of their cause requires May it please your
honor to grant the (Comiths Spa ???cled &c & as in duty &c your
complainants will ever pray &.?)
(Floyd ?)

* (see above insert) by a contract made with your orator George
Summers & the said Calvin Tunnel & Jane his wife who contracted in
reference to their own interest for themselves & as to the interest
of Barbara Warick, their sister & sister-in-law, by virtue of a
power of att. from the said Barbara Warick to the said Calvin
Tunnel on the following terms & conditions, to wit your oratory
George Summers agreed to give for the said two interests the sum of
$2250.00. $500 of which was paid in hand to the said Jane Tunnel,
wife of the said Calvin at the request of the said Calvin she being
the beneficial party, and for the remaining $1750.00 he executed
his bonds payable to the said Calvin Tunnel the one for $500.00 due
the 1 Jany. 1846, the other for $1250 due 12 months after date
which (was dated?) on the 4 October 1845 the former of which has
been paid & discharged & your orator George Summers is ready &
willing to pay the latter note of $1250.00 whenever a good title
is made according to the terms of his contract aforesaid which are
evidenced by a title bond or agreement executed by the said Calvin
Tunnel & wife to him dated on the 4 October 1845, therewith filed &
made a part of this bill marked (A) prayed to be taken & considered
part of this bill.



Ezekiel H. Summers &al
vs Bill
James Adair=s Reps
1846 June Bill filed
July to Nov cont
Dec N Spa a Defts
1847 Jan order Publn
Feb to Aug cont
Sept set for hearing

1848






BOND


Know all men by these presents that we Calvin Tunnell and Jane
Tunnell his wife of the County of Green and State of Illinois are
held and firmly bound unto George Summers of the County of Anderson
and State of Tennessee in the sum of seventeen hundred and fifty
dollars current money of the United States which payment to be well
and truly made we bind ourselves our heirs executors administrators
and assigns jointly severally and firmly by these presents.
Witness our hands and seals this 4th day of October AD 1845.

The conditions of the above obligation are such that if the
above bound Calvin and Jane Tunnell shall upon payment being
made to them of the sum of seventeen hundred and fifty dollars
by the said George Summers as is particularly specified in two
promissory notes bearing even date with these presents &
executed by the said George Summers in favor of Calvin Tunnell
and calling for interest at the rate of six percentum per
annum the one payable on or before the first day of January
next for five hundred dollars and the other due twelve months
after date for twelve hundred and fifty dollars make to the
said George Summers a good and bonafide title to all the share
or interest which may be coming to the said Jane Tunnell from
the estate of James Addair decead late of the County of
Pulaski State of Virginia and if the above
bound Calvin Tunnell shall upon the payment of the above named sum
of money as specified in the said note as agent of Barbary Warrick
make or cause to be made a good and bonafide title to the said
George Summers to all the share or interest which may be coming to
the said Barbary Warrick from the estate of the sd James Addair
deceased, then this obligation to be void and of no effect
otherwise to remain in full force and virtue

Given under our hands and seals the day and year first above
written
Calvin Tunnell (seal)
Jane Tunnel (seal)

Attest
William A. Tunnell

ORDER FOR PUBLICATION OF NOTICE OF SUIT


Virginia In Chancery
At (rules?) held in the Clerks office of the
Circuit
Supreme Court of Law and Chancery (scolden?) for the county of
Pulaski on the 4th day of January 1847
Susan Summers late Susan Addair Pltffs
George Summers and James Summers
Against
William Miller Adr of James Addair deceased and in his own
rights Polly Miller his wife late Polly Kirby, Calvin Tunnel
and Jane his wife late Jane Addair, Barbara Warick late
Barbara Addair, Grissy Kirby, Sally Kirby, Thomas Kirby,
Richard Kirby, ---- Lanier and Elizabeth his wife late
Elizabeth Kirby, Virginia Kirby, Shepherd Kirby, and James K.
Miller son of Nancy Kirby deceased, heirs and representatives
of Jane Kirby deceased late Jane Addair James King heir and
legal representative of Sarah King late Sarah Addair deceased,
James Wiseheart, John Wiseheart, Samuel Wiseheart, Andrew
Wiseheart, William Wiseheart and Elizabeth Wiseheart heirs
and legal representatives of Polly Wiseheart deceased, James
Addair John Addair William Addair Mary Addair and Nancy Addair
heirs and Legal representatives of William Addair deceased,
Samuel Johnston, Charles Johnston Mary Ann Johnston Bethenia
Johnston Teletha Johnston Sarah Jane Johnston and Melvina
Johnston heirs of
Elizabeth Johston late Elizabeth Addair deceased, Samuel Addair
John Addair William Addair Moses Addair Thomas Addair two children
of James Addair (a son of John Addair deceased) whose names are not
known and two children ---- Thompson whose names are not known and
David Crum and Nancy Crum his wife late Nancy Addair a daughter of
John Addair deceased Defendants except William Miller administrator
of James Addair deceased and in his own right and Sarah Jane
Johnston not having entered their appearance and (giving?) security
according to the act of the Assembly and the Rules of this court
and it appearing from satisfactory evidence that they are not
inhabitants of this commonwealth on the Motion of the Plaintiff by
their counsel it is ordered that the said Defendants appear here on
the first day of the next term and answer the Bill of the
Plaintiffs and that a copy of this order be forthwith inserted in
some newspaper in this commonwealth for two months successively and
posted at the front door of the Court house of Pulaski County
A copy teste
William B. Charlton Clk


ARTICLES OF AGREEMENT

Article of agreement made and entered into this 23 April 1847
Between William Miller of the one part and James Summers, George
Summers, Ezekiel Summers and Susan Summers of the other. Whereas
the Said Miller has become the owner of nine tenths of the
undivided estate real & personal of James Adair Decd and the
parties of the Second part have become the owner by purchase of
the one half of the Said Estate real & personal and whereas the
minor heirs of John Adair Decd are entitled to one twentieth part
of the Said Estate as heirs at Law of the said James Adair Decd and
it being desirable to have the said Estate divided the parties
aforesaid have entered into the following articles of agreement
That Robert M. Craid & John Caddall shall select a third person
being either John D. Howe or James R. Kent and after the selection
be made the said Craig Caddall & the third person shall
divide the Estate of the said Adair Decd between the parties in the
following manners.
1st They shall divide the personal from the real property
2nd They shall divide the Real property into two equal parts
according to quantity and quality and assign one half to the party
of the first part and one half to the party of the second part
giving to the Said Miller his portion lying on the waters of Back
Creek and the Lands known as the Harbinson Lands to the said
Summers--But if the said Lands on Back Creek assigned to Miller
shall be of greater value than one half of the estate of lands then
he shall pay the difference to the party of the Second part and if
the Lands lying in the Harbison tract and to be assigned to the
Said Summers be of greater value than one half of the real Estate
they shall pay the difference to the Said Miller. And as the
interest of the minor heirs of John Adair Decd will be included in
the half of the real Estate assigned to Miller he agrees to pay
them for their interest and to indemnify the Said party of the
Second part
against all liability of any Kind against the claim of the Said
John Adairs Heirs in the Said Estate both real & personal.
3rd it is further agreed that the said Craig & Caddall and the
person selected by them shall also divided the negroes belonging to
the Said Estate equally between the Said parties of the first &
second part it being understood that the interest of the said Heirs
of John Adair Decd is included (as in the real Estate) in the half
assigned to the Said Miller and in like Manner the said Miller
agrees to indemnify the Said Summers against the interest of the
Said Heirs of John Adair. But it is further agreed that if the
Said negroes cannot be equally divided between them that they shall
be sold at public sale upon a credit of twelve months and the amount
of the money be divided equally & the Said Miller indemnifying as
aforesaid against the Claim of the Heirs of John Adair Decd. It is
further understood that the lands Lying on peak creek shall belong
to the said Summers & the lands lying on the Mountain near the Back
Creek Lands shall be assigned as before stated to the said Miller.
And it is further agreed that if any claim whatever is hereafter
asserted by any of the persons whose interests have been purchased
& are held by the Said Miller by any or all of them he hereby
agrees & binds himself his heirs &c to indemnify and Save harmless
the Said parties of the second part their heirs &c forever. And
the Said party of the Second part in like manner bind themselves
their heirs &c forever to indemnify & hold harmless the Said Miller
his heir &c forever against the claim of any and all the persons
from whom they have purchased. And for the performance of these
Covenants they bind themselves their heirs &c mutually one to the
other forever In Witness whereof they have hereunto set their hands
& affixed their seals the day & year aforesaid.
/s/ William Miller (seal)
/s/ Jas. Summers (seal)
/s/ George Summers (seal)
/s/ Ezekiel H. Summers (seal)
/s/ Susan Summers (seal)

REPORT

Agreeable to an article of agreement made and entered into by
William Miller James Summers, George Summers, Ezekiel H. Summers &
Susan Summers bearing date the 23d day of April 1847, we the
undersigned have proceded to value & divide the real and personal
Estate of James Addair Deceased according to the said Article of
agreement as follows towit. We are of opinion that the Lands lying
on the Waters of Back Creek which have by virtue of Said agreement
been assigned to the said Miller are worth more than the Lands of
the Harbinson tract & all the Lands lying on the waters of Peak
Creek Which by said agreement have been assigned to the said
Summers and that the said Miller in order to Equalise the same pay
to the Said Summers the sum of Twelve hundred and fifty Dollars.
And we assign to the Said Miller the following slaves towit
Beauford, Ross, Derry, John, Latitia and her two children
Jacob & Margarett, Mourning, Evalina, Harrison, Henry &
Mariah, being in Value one half of the slaves belonging to
the Said Estate of James Addair Deceased, and we assign to
the said James, George, Ezekiel H. and Susan Summers, the
follow Slaves towit William, Sampson, Wilson, James, Nancy &
her two children Sally and Manerva, Mary, Clarissa & Elizabeth
being the other half in Value of the Slaves belonging to the
Said Estate.
Given under our hands this 20th day of September 1847.
John Caddall
Robert M. Craig
John D. Howe





































DECREE OF COURT

Summers - Miller
Ezekiel Summers & al.
vs In Chancery
James Adair Adm.

It appearing to the Court that the plaintiff and the Defendant
James Miller have purchased from the other representatives
of James Adair Decd all their interests in the Estate real and
personal of the Said Adair Decd except the interest of the
Heirs of John Adair Decd which is one twentieth of the said
James Adair Estate. And it further appearing that the said
Plaintiffs and the Deft James Miller have heretofore agreed
the Subject of Dividing the lands & slaves of the said Estate
(be or to?) the (art?????) of John Caddall, Robert M. Craig,
and John D. Howe, who have returned their award & partition
of the said lands & slaves which it was agreed between the
parties aforesaid
should be made the (????) judgement of this Court therefore by
consent of the parties it is considered by the Court that the said
award be made the decree of the Court (that in pursuance thereof &
by like consent of the parties, the partition therein specified?),
& the slaves therein divided (is or be) affirmed, and it is decreed
that the said plaintiffs hold the lands therein specified as having
been alloted to them as they are designated and that the said
Miller do hold the lands therein specified as having been assigned
and allotted to him by the said award & that each of the parties
do hold the slaves mentioned in said award as therein designated
and it further appearing that the lands allotted to the
Complainants is of less value than those allotted to the Deft.
Miller and in order to equalize them the said (??? or) arbitrators
awards that the said Miller should pay to the said Plffs the sum of
twelve hundred & fifty dollars and no action of the Court being
decreed at this time in reference to the adjustment of the
administrator=s account this cause is continued

Brothers and sisters of James Addair Decd
Thomas Addair was a full Brother he is now dead and leaves
two children
Jane is the name of one who married Calvin Tunnel, barbay is the
name of the other she has been married several times her last
husband was by the name of Warrick he is now dead she lives in
Missouri Jane in Illinois their interests are both in the hands of
George Summers.

Jane Addair was a full sister she is now dead and left ten
children.
Grizzy who married a man by the name of (H)urley she lives in the
State of Alabama. Nancy who married Jas. Miller she is dead and
left one child he is living in Alabama his name is James (K.)
Miller, Mary who married Wm. Miller she is living in Pulaski Co.,
Va. Thomas Kirby is living in Alabama. James Kirby is living in
Alabama. Elizabeth who married James Lamar. she is living in the
State of Tennessee. Sarah Kirby who married Lewis Kirby is living
in Alabama Richard Kirby is living in Alabama Shepherd Kirby is
living in Alabama Virginia who married a man by the name of Pierce
they are living in the State of Alabama.

Sarah Addair was a half sister she is now dead she married
John King and had but 1 child his name is James King he is
living in the State of Illinois his interest is in the hands
of Ezekiel (K.?) Summers who purchased it. John Addair was a
half brother he is now dead he left 8 children, Samuel Addair
is living in the State of Kentucky he has sold his interest in
the estate of James Addair to George Summers & Wm Miller.
Nancy Addair is living in Kentucky and is married to David
Crum. They have sold their interest to George Summers &
William Miller. James Addair is now dead he left one child
which is a minor & living in Kentucky John Addair Junr. is
living in the State of Virginia his interest is in the hands
of Wm. Miller William Addair is living in the State of
Virginia his interest is in the hands of Wm. Miller
Moses Addair is living in Kentucky he is a minor Thomas Addair is
in Kentucky a minor.

Mary Addair was a half sister. She married Thomas Wiseheart
she is now dead & left nine children. They are all living in
the State of Indiana & have all sold their entire interest in
the estate of James Addair deceased to Wm. Miller; their names
are James, Willis, Reuben, Samuel, Andrew, Elizabeth, Benjamin,
John and William.

William Addair was a half Brother he is now dead. he had five
children.
James Addair Jun. is now living in Arkansas. William Addair Jun is
John Addair Nancy Addair & Mary A. Addair who married James Grimsley
are all living Kentucky they have all sold their entire interest in
the estate of James Addair to Wm. Miller.

Susan Addair was a half sister she married David Summers. he
is now dead she is living in the State of Virginia. Elizabeth
Addair was a half sister she married Mark Johnson they are
both dead and have four children. Mary A. Johnson she is
living in Tennessee and Teletha who married James Summers and
lives in Virginia (???) Sarah Jane & Malvina who are minors &
live in Tennessee

John Adair & William Adair sons of John Adair lives in Tazewell
County Va.

DOCKET ENTRY

Ezekiel Summers & others Compl.
vs
James Adair Reprtves. Defts.

The matter of contraversy in this suit having been settled by
an award of arbitrators heretofore returned upon which a
decree was entered in pursuance thereto at the last term of
this Court. And there remaining nothing further to be done
except a disposition of the question of costs of the suit.
Whereupon by the consent of the parties by their counsel it
is ordered & decreed that this being a suit for partition that
the costs thereof be paid in equal portions by the plffs & the
deft. William Miller and it is further ordered that this case
be now stricken from the docket.

NOTATIONS OF COSTS

Mr. James Summers, Ezekiel Summers, George Summers, & Susan Summers,
to
Harold Smyth Editor Report Dr
1846 Nov 1st To inserting order of publication from the Clerks
office Superior Court of Law & Chancery Pulaski against the heirs
of James Adair decd at (your suit?) being 5 squares for 9
insertions is $18.75
(illegible) 15th 1846 Received the above sum of eighteen dollars &
seventy five cents of Ezekiel & George Summers by note to J. C.
Graham on demand
Harold Smyth
Susan Summers, late Susan Adair, George Summers and James Summers
To Harold Smyth Dr
1847 Jany 9th To inserting second order of publication from the
Clerks office of Pulaski Superior Court against the Representatives
& heirs of John Adair deceased 6 squares 9 insertions or two months
For the first 2 squares 5.00
For the additional 4 squares 15.00
$20.00
June 12th 1847 Received payment of
Harold Smyth

Submitter note:
The previous suit was filed in Chancery in Pulaski Co., Virginia.
For those researchers who are not attorneys, I am including this
brief explanation. James Addair, son of James Addair, died without
a will. He owned a considerable amount of property which under the
law of Virginia at the time of his death vested in his heirs-at-law
B- his brother and sister and his half brothers and sisters. On
the premise that had his parents survived each would have been
entitled to one half of his estate, the full brother & sister were
each entitled to a share for each parent. The half-brothers and
sisters were only entitled to half as much being only
representatives of the father. Since many family members had
migrated to other parts of the country, the Summers and William
Miller who were still residing in started buying up the shares of
the other heirs and eventually were required to file
this suit in order to get clear title. The filing of the suit was
not necessary because of any family feud, but because there were a
number of minor heirs who did not have the legal capacity to convey
their interests. I learned of the suit when I found copies of
notes and correspondence made by Lucy Ball, a genealogist, who
compiled a history of the Tu

Reference: 1713

Death: 16 MAR 1863 Young's Point, LA

Burial: Vicksburg National Cemetery

Reference: 1714

Death: 23 JUN 1926 Henry County, IN

Reference: 1715

Death: 21 DEC 1904 Everton, Dade County, Misouri

Reference: 1716

Death: 17 OCT 1918 Montgomery, Kansas

Reference: 1717

Reference: 1718

Death: 1922 Wilkinson, Hancock County, IN.

Reference: 1719

Note: Address: George & Dina Nelson
PO Box 65656, Lubbock TX 79464-5724
letter dated 13 Feb 1986 (possibly a quilter - Happiness is patch
Dina is a direct descendant of Benjamin WISEHART
info from: Laura Davenport Wisehart taken from bible of Nimrod Wisehart.
buried by Samuel.
_________________________________________________

Early Churches of Henry County, Indiana1825 - 1900
This is a list of old Henry County Churches that I have came across in the old Deed record books located in the county recorder's office in the court house. These Churches were started at different times and closed and reopened or relocated. These dates are for the day they were deeded the land not the date they were organized, Churches sometimes met in homes or school houses for years before they obtained the land for the building of a Church.
TOWNSHIP DATE NAME TRUSTEES

Fall Creek 5 Mar 1844 Friend's (Middletown) George Keesling, William Alexander, James Wisehart, William Thompson and Jacob Mogle

Fall Creek 17 Feb 1844 MEC (Mechanicsburg) Joseph Mogle, William Alexander, James Wisehart, George Keesling and William Thompson

Fall Creek 13 Dec 1888 MEC (Wilhoit Ch.) Thomas Wilhoit, Asa Ruslow, Jonthan M. Lewis, Nelson Wisehart and Lafaella Wisler

Franklin 1 Feb 1858 Christian (Bethel) Mahlon Penetcost, Robert Needham and Thomas Wisehart

Harrison 12 Jul 1872 Christian Edmond Lindsay, James Wisehart, John W. Leavell,Greenberry Farmer and Martin Wisehart

Liberty 28 Sep 1846 Reg. Baptist (Symon's Creek) G. L. Simpson, John Wisehart and Henry Hatfield

Liberty 6 Apr 1852 Christian Home (Symon's Creek) John L. Wisehart, Henry Hatfield and G. L. Simpson

Liberty 22 Jan 1870 Christian (Flat Rock) James M. Boyd, Wilson Wisehart and Jehu Stanley

_________________________________________________
CENSUS YEAR: 1830 STATE: IN COUNTY: Henry MICROFILM#: M19-32 ENUMERATOR: Elisha Long

WISEHART Benjamin 73 8
73 8 Wisehart Benjamin . . 1 . . . 1 . . . . . . 2 2 . . . 1 . . . . . . . 7
(one male 40 & under 50)

CENSUS YEAR: 1840 STATE: IN COUNTY: Henry DISTR: Franklin Township MICROFILM#: M704-87 (INDEX then Census line.)

WISEHART John 77 29
77 29 Wisehart John 1 1 . . . 1 . . . . . . . 2 . . . 2 . . . . . . . . 7

WISEHART James 78 1
78 1 Wisehart Jame 3 1 . 1 . 1 . . . . . . . . 2 . . 1 . . . . . . . . 9

WISEHART Willson 92 10
92 10 Wisehart Willson . . . . 2 . . . . . . . . 3 . . . 1 . . . . . . . . 6

WISEHART John L. 93 7
93 7 Wisehart John L. 2 . . . 1 . . . . . . . . . . . . 1 . . . . . . . . 4

WISEHART Benjemin 106 29
106 29 Wisehart Benjemin . 1 2 . . . . 1 . . . . . . 3 2 1 . . 1 . . . 11*
(one male 50 to 60)
*denotes total doesn't match census number

Event: Type: Note
Place: Tombstone reads 69 yrs 9 mo's 5 days

Death: 12 OCT 1853 Fall Creek Twp., Henry Co., IN (69y, 9m)

Burial: Keesling Cemetery, Fall Creek Twp., Henry Co., Indiana

Reference: 1720

Census: Date: 1830
Place: Henry County, IN Page 73 line 8

Census: Date: 1840
Place: Henry County Federal Census

Reference: 1721

Reference: 1722

Reference: 1723

Reference: 1724

Note: In 1833 they moved to Henry co, In. In 1839 settled in Fall Creek township, where he
owned 200 acres southeast of Mechanisburg, built the house to which the John
Reasoner family moved in the late 1860's. He was a J of P? and prominent citizen. He
died on his farm and wife Sarah died in Middletown, Indiana.

Source: (Name)
Title: Susan Wiseheart Little

Page: United States Mail
Data:
Text: James Wiseheart, 1807-1868

Event: Type: Note
Place: 61 years, 4 months, 29 days

Death: 24 OCT 1868 Fall Creek Twp., Henry Co., IN

Burial: Mechanicsburg Cem., Mechanicsburg, Henry, IN

Reference: 1725

Note: Wisehart, Samuel
State: Indiana Year: 1840
County: Montgomery Roll: M704_100
Township: Union Page: 232
Image: 242

Death: JAN 1870

Reference: 1726

Census: Place: 1840 United States Federal Census

Event: Type: Web
Place: Ancestry.com, Randy C. Mack not proven

Death: 1890 Sullivan Co., Missouri

Reference: 1727

Death: 17 MAR 1903 Shirley, Indiana

Reference: 1728

Event: Type: Fact
Place: No natural children

Death: 5 MAY 1910 Mechanicsburg, Henry County, Indiana

Burial: Mechanicsburg Cemetery

Reference: 1729

Note: William Rowley Junior 11 May 1774 - 2 Jun 1774
Author: Jim Burgess Date: 23 May 2003 6:34 AM GMT
Surnames: Rowley, Smith, Wishart, Armstrong, Marders, Owens, Davis, Grigsby
Classification: Will

Will of William Rowley, Jr.
11 May 1774; rec. 2 Jun 1774
King George County, Virginia, Will Book 1, page 354

Will of WILLIAM ROWLEY. I William ROWLEY of county of Kinge George Gentleman, being of sound and disposing mind...give to my wife the use and occupation of the house and plantation where I now live until the house is repaired where my lived before our marriage.. I give my Brother Moses ROWLEY the grist mill and land where he now lives.. then to my sister Ann MARDERS . . .. unto James ARMSTRONG an equal moiety of lands I purchased of Jno Simpson and William Grigsby..unto my wife the land I bought of Simon Thomas for the term of ten years.. after term I give to George ARMSTRONG for life if he should return to this colony.. give my wife one thousand weight of port early until she can raise stocks sufficient for herself....to Elizabeth Armstrong the wife of Thomas Armstrong the land and plantation where she lives purchased of Jno Grigsby.. at her death to her son James Armstrong to William Armstrong the used of two negroes..unto Samuel Marders the remaining moiety of the lands purchased of Jno Simpson and William Grigsby...unto Aaron Marders....unto Moses Marders.. give unto my Exors. the separate use of Gwene Owenes the wife Richard Owens... unto James Davis the land and plantation where he lives..unto Blanch Davis, Elizabeth David and Lucy Davis daughter of Samuel and Barbara Davis two hundred pounds current money to each..unto Rowley SMITH the sum of ten pounds and whereas I sold unto Joseph SMITH a negro woman and two children for who he agreed to pay me ninety pounds which is still due...my will Joseph pay unto William SMITH and Thomas SMITH
the sum of thirty pounds. unto Ann Arnold ten pounds..unto Letice Wishart wife of the Revd Mr Jno Wishart the land and plantation where I now live.. also the land I purchased of Jno Lunsford. unto Lettice Wishard and Catherine Taylor wife of Capt Richard Taylor. fortt six negroes named unto Elizabeth Alrmstrong the wife of Thos Armstrong 300 acres of land I bought of John Grigsby during her life remaining to her son James Amstrong... appoint Revd. Jno Wishart and Richard Taylor my Exors. this 11 day May 1774.
Presence of Alexander Rose, Daniel McDonald William Rowley
Richard Todd

At a Court held 2 Jun 1774 will presented by Revd Jno Wishart and Richard Taylor.. admitted to record.

THIS WILL IS ONE OF THE MOST IMPORTANT WILLS IN OUR FAMILY!

Will of William Rowley, Jr.
11 May 1774; rec. 2 Jun 1774
King George County, Virginia, Will Book 1, page 354

Wholly resigned to the Will of God. I William Rowley of the County of King George, Gent. being of sound an disposing mind and understanding (thanks be to God for the same) do make and declare my last will and testament in manner following, that is to say. First I give to my wife the use and occupation of the House and Plantation where I now live and untill my death at the expence of my Estate shall repair and ------ of in a workmanlike manner the Dwelling House where my wife lived before our marriage. I give to my wife forever my chair horses called Tapps and Buck together with my single chair and harness and I desire that my wife may keep my keys as usual till her said house is finished.

Item. I give to my brother, Moses Rowley, the use and occupation of the land Plantation and Grist Mill where he now lives also the use of the following Negroes, to wit: Primis and Dinah with their children named Moses, Winny, Betty, Nan and a very young child. A man named Ned and a boy named Charles and the use of the increase of the said female slaves together with the use of all the stocks and utensiles on the said Plantation and at the Mill during her natural life, I give the said Land Mill slaves stocks and utensiles subject to the occupation and use aforesaid to my sister Ann Marders and heir heirs forever. I acquitt my said brother of all debts due by him to me.

Item. I give to my sister Ann Marders forever the following negroes... Old Tom and Patt and their child Battaley, also Moses now in her possession and the future increase of the said female slaves together with one good bed, bed stead, sheets, blanket, rug pillow and bolster and I release all debts due by her to me.

Item. I give and devise unto James Armstrong and his heirs forever an equal moiety of the lands I purchased of John Simpson and William Grigsby together with the following negroes: nan and her three children, Charles, Susannah and Sarah with their future increase also a moiety of the stocks and utensiles belonging to the said land and I release all debts due by him to me.

Item. I give to my wife the land I bought of Simon Thomas for the term of ten years and after the expiration of the term I give the said land to George Armstrong for life if he should return to this Colony. I likewise give to the said George Armstrong a negro named Dick if he should return but if he should not return or should die without heirs I give the said land and negro to James Armstrong and his heirs forever. I release to the said George what he owes to me.

Item. I give to my wife one thousand weight of pork yearly untill she can raise stocks sufficient for herself. I give my wife twelve sheep and two complete sets of bed clothes and clothes for her people at the end of the year. I likewise give to my wife one hundred and ten pounds cash and a negro named Little Harry forever.

Item. I give and devise unto Elizabeth Armstrong the wife of Thomas Armstrong the land and Plantation where she lives, purchased of John Grigsby and a negro named London during her life and at her death I give the said land and negro to her son James Armstrong and his heirs forever. I acquit the said Thomas Armstrong of all demands.

Item. I give to my executors for the use of William Armstrong during his life two negroes named James and Sam and at the death of the said William Armstrong I give the said negroes to the right heirs of the said William forever. I acquit the said William of all demands.

Item. I give and devise unto Samuel Marders and his heirs forever the remaining moiety or equal half of the lands purchased of John Simpson and William Grigsby together with four negroes named Jockey and Lucy and their children Moses and Thomas with their increase and a moiety of the stocks and utensils on the said land. I acquit him likewise of all demands.

Item. I give unto Haron (Aaron) Marder forever negro Nell and her daughter Bett with their future increase and I do acquit him of all debts.

Item. I give unto Moses Marders forever negro Yambo (Nell's son) and I acquit him of all demands.

Item. I give unto my executors for the separate use of Jane Owens the wife of Richard Owens and to the use of her heirs a negro named Crinson of Nell and I release the said Richard from all debts.

Item. I give and devise unto James Davies and his heirs forever the land and plantation where he lives, also the negroes James, Jude and Little George with the increase in future of the said Jude and I acquit the said James Davies of all debts due from him to me.

Item. I give and bequeath unto Blanchy Davis, Elizabeth Davis and Lucy Davies daughters of Samuel and Barbara Davis two hundred pounds current money to each of the said daughters to be paid to them respectively at any time within three years without interest.

Item. I give unto Mary Florence forever the negroes Lettice and Mary and their increase.

Item. I give unto Jane Willis, Mary White, Sarah Ford, Betty Terril, Jane Lathy, Betty Carter and Ann Proctor ten pounds currency to each and I acquit every of them and Mary Florence of all debts.

Item. I give unto Rowley Smith the sum of five pounds and whereas I sold unto Joseph Smith a negro woman and two children for whom he agreed to pay to me the sum of ninety pounds which is still due. My will is that the said Joseph do pay unto William Smith and Thomas Smith the sum of thirty pounds each out of the said ninety pounds and I acquit the said Joseph of the remaining thirty pounds and I release all other debts to every of the last named legatees.

Item. I give unto Ann Arnold ten pounds and acquit her of any debt due me.

Item. I give and devise unto Letice Wisehard wife of the Rev. Mr. John Wisehart and to her heirs forever the land and plantation where I now live together with the land I purchased of John Roser extending up to Grigsby's line also the land I purchased of John Lunceford which said several tracts of land I devise unto the said Letice Wishart and Catharine Taylor the wife of Capt. Richard Taylor the forty six negroes following, to wit: George and Grance and their......Netty and their three children Jane, Lydia and Faner. Sylis and Ann and their children Doria and Peter. Rachel and her child Rose, Tom and Lucy. Lucy and her child Sinah. Glasgow and Jenny and their seven children: Sucky, Esther, Aaron, Solomon, Juley, David and Lucy. Great Will, Frank, Tom, Harry, Cheshire and Dinah and their two grandchildren Chesire and Sarah all which said slaves I give unto the said Lettice and Catharine forever equally to be divided share and share alike together with the future increase of the said slaves equally to be divided in like manner.

Item. I give and devise unto Elizabeth Armstrong the wife of Thomas Armstrong three hundred acres of land bought of John Grigsby during her life remaining to her son James Armstrong and his heirs forever but this devise is in lieu of the land given in the former part of the will to Elizabeth and James being one hundred and thirty five acres which said one hundred and thirty five acres I do devise to Lettice Weshart and her heirs forever.

Item. I give all the rest of my estate subject to the payments of my debts and legacees in money to the said Lettice Weshart and Catherine Taylor equally to be divided among them. And I appoint the Rev. John Weshart and Richard Taylor my executors in testimony whereof I have set my hand and seal to this my last will the 11th day of May in the Year of our Lord one thousand seven hundred and seventy four. I revoke all former wills made before the date of this which is written on the four pages annexed to this whereon is my signature.

Signed, sealed and published by William Rowley in the presence of Alexander Rose, Daniel McDonald, Richard Todd. Before the will is attested I further devise that my executors may satisfy the three daughters of Samuel Davis aforesaid for their legacies in slaves stock and furniture to be appraised and set apart for them respectively at reasonable prices within the said three years. William Rowley

At a Court held 2 Jun 1774 the above will was presented by Rev. Jno Wishart and Richard Taylor and admitted to record.

Source: (Name)
Title: Wisehart Bible, Nimrod Wisehart, Laura Davenport Wisehart

Christening: 17 MAR 1745/46 Parish registers, 1620-1854 Church of Scotland. Parish Church of Fetteresso

Death: AFT 1799 West Virginia

Reference: 1730

Reference: 1731