Found Great Grandma Mary Ann’s Siblings

The mention of the Shelly surname in Augusta Co., VA Chancery Cause 1878-070 ‘George Wagner & wife & others vs. Daniel Shelley & others’ piqued my curiosity. When I spotted Mary Ann (Shelly) White-Huffman and her 2^nd husband George Huffman among the plaintiffs, I knew I was reading about 3^rd Great Grandmother Mary Ann’s family.

The plaintiffs included George Wagner and wife Elizabeth; George Huffman and Mary Ann his wife; Sarah Ann Clarke; John H. M. Shelly; Martha E. Shelly; Mary S. Shelly; Jacob B. Cale and wife Margaret F.; Ann E. Shelly; John W. Whitsell and Sarah F. his wife. Daniel Shelley; Francis Lowman, wife of Jacob Lowman; and Simon Shelly were defendants; both plaintiffs and defendants were the sole heirs of Christian Shelley.  Christian died March or April 1870 in Long Marsh, Clarke County, Virginia. The complainants presented their case in Augusta County Circuit Court September 1870.

Christian owned a small piece of land in Augusta County, Virginia consisting of one undivided eighth of 69 acres (8 5/8 acres). Receipts in the chancery papers show taxes were paid for 9 acres in Augusta County from 1857 to 1866 and identified it as part of the John Shelly estate. (Great Grandmother’s father is John Shelly.)

Image 22 Augusta County, VA

Chancery Cause 1878-070

Gideon R. Smith was also named a defendant because he acquired seven-eighths of the 69 acres formerly part of John Shelly’s estate.

The plaintiffs agreed that Christian Shelly’s land was too small to be divided among them and asked the Court to permit a sale with the proceeds distributed among the heirs. All the complainants happened to be Augusta County, Virginia residents along with Defendant Gideon R. Smith. The other defendants resided outside the State of Virginia. Daniel Shelly was living in Fulton County, Illinois; Frances (Shelly) and Jacob Lowman in West Virginia; and Simon Shelly’s whereabouts unknown.  The plaintiffs wanted the defendants to answer the bill of complaint to proceed with the sale of the land.

Image 59 Augusta County, Virginia

Chancery Cause 1878-070

Published in the Valley Virginian

I don’t know whether the out of state people answered the Court but Adam Stover acted as an agent for the plaintiffs. He arranged to sell Christian Shelly’s small tract of land near Stribling Springs in Augusta County to Gideon R. Smith.

The relationship between Christian Shelly’s heirs wasn’t spelled out in the Chancery papers, but land deeds would put that right.

I mentioned earlier that Gideon R. Smith owned seven-eighths of the 69 acres previously owned by John Shelly. He didn’t buy the land from John Shelly or the seven heirs. It was Daniel Shelly Jr. alone that sold the tract to Mr. Smith Sept. 6, 1856, along with another 3-acre lot:

   “Daniel Shelly and his wife, Catherine, sell to Gideon R. Smith for $1 all their interest in parcels of land in Augusta Co. The first containing 3 acres that Daniel Shelly bought from his father, John Shelly, as shown by a deed dated Sept. 1, 1834. The second parcel is all interest of Daniel Shelly in 69 acres, belonging to the heirs of John Shelly dec’d. Said interest being seven-eighths of the whole tract; Daniel Shelly having bought all the heirs of his father John Shelly’s estate save one. Examined and delivered to Grantee, Gideon R. Smith, July 19, 1861.”     

Augusta Co., VA Deed Book 77, pages 136-137.

The deed states Daniel is John Shelly’s son—likewise my Great Grandmother’s brother. Daniel relocated his family to Fulton County, Illinois about 1856. Please note he did not own the entire parcel; one undivided eighth belonged to another.

Earlier land records locate another Shelly brother:

     “Jan. 18, 1838 Jacob Shelly and his wife Dorcas paid $75 by Daniel Shelly Jr. their undivided interest in the land left to Jacob Shelly by his father, John Shelly, dec’d, containing 69 acres with Jacob and Dorcas conveying one-eighth of said tract to Daniel Shelly Jr. Examined and delivered to Grantee Sept. 8, 1856.”

Augusta County, VA Deed Book 59, pages 208-209.

Jacob died in 1869 leaving his children, John H. M. Shelly; Martha E. Shelly; Mary S. Shelly; Margaret F. Cale; Ann E. Shelly; Sarah F. Whitsell with his share of the 69-acre parcel.

Daniel acquired more of his father’s land from a Shelly sister:

     “Feb. 7, 1838, Jacob Lowman and Frances, his wife, sell (for $80) to Daniel Shelly their undivided interest in the land left to Frances by her father, John Shelly, dec’d, containing 69 acres. The said Frances and Jacob Lowman only entitled to one-eighth of said land. Examined and delivered to Grantee, Daniel Shelly, Sept. 8, 1856.”

Augusta County, VA Deed Book 59, pages 215-216.

Daniel continued buying his father’s property in August of 1838. A deed records a land sale from Samuel Shelly to Daniel Jr., both sons of John Shelly. I noticed there was no margin notation that the deed was delivered to Daniel Shelly. I believe ‘Samuel’ was Christian Shelly. Perhaps his name was Christian Samuel or Samuel Christian:

     “August 21, 1838, Samuel Shelly sold to Daniel Shelly Jr. ($70) his interest in land conveying his undivided eighth of a 69 acres tract seized of John Shelly, the father of Samuel. No notation this was examined and delivered to Grantee, Daniel Shelly.”

Augusta County, VA Deed Book 59, pages 430-431.

Sister Sarah Shelly sells her interests to Daniel. Sarah would marry Hatch Clarke soon afterward:

      “August 3, 1839, Sarah Shelly sold to her brother Daniel Shelly one-eighth of undivided of about 70 acres, being the land of their father, John Shelly. Examined and delivered to Grantee, Daniel Shelly Sept. 18, 1856.”

Augusta County, VA Deed Book 60, page 391.

A few years later Daniel acquired another sister’s share:

     “May 28, 1841, Elizabeth Shelly sold to Daniel Shelly Jr. for $75, one undivided eighth part of sixty-nine acres left by John Shelly (Elizabeth and Daniel’s father) Examined and delivered to Grantee, Daniel Shelly. Sept. 8, 1856.”

Augusta County, VA Deed Book 62, pages 151-152.

Elizabeth became the wife of George Wagner, and they raised a family in Augusta County.

After my 3^rd Great Grandmother had married Grandfather William White, she conveyed her property rights to Daniel Jr. too.

     “March 21, 1846, William White and Mary Ann, his wife, nee Shelly, sell to Daniel Shelly Jr. for $100 all interest in the land of her father, John Shelly, which is an undivided interest containing 69 acres. Examined and delivered to Grantee, Daniel Shelly Jr. Sept. 8, 1856.”

Augusta County, VA Deed Book 66, pages 151-152.

Two years later Simon Shelly sold his undivided eighth of John Shelly’s 69 acres:

     “April 27, 1848, Simon Shelly sells for $100 to Daniel Shelly Jr. undivided eighth part of 69 acres inherited by the heirs of John Shelly.”

Augusta County, VA Deed Book 68, page 415.

Twenty-six years later, Oct. 27, 1874, Adam Stover sold Christian Shelly’s one-eighth share of his father’s estate to Gideon R. Smith.

Thanks to the Library of Virginia digitized Chancery records and telling land deeds; I’m adding 3^rd Great Granduncles Daniel, Jacob, Christian, and Simon and Aunties Frances, Sarah, and Elizabeth to my family tree.

You can view the Chancery File 1878-070 here. 

Grandmother Mary Ann White and Kids Sued in Chancery Cause, Augusta County VA Circuit Court

I’ve written before about Grandmother’s chancery lawsuit. Today I’m adding a few more details to the family story.

Mary Ann White, 30 years of age, found herself a widow and mother of three young children by Nov. 24, 1856.

3^rd Great Grandmother was the daughter of John Shelly and Elizabeth Stover born in Augusta County, Virginia.  A Methodist minister married William White and Mary Ann Shelly Jan. 30, 1845. William was a wagon maker who owned a house and small ¼ acre lot in Mount Sidney. He needed money and borrowed $77.62 from Jacob K. Stribling in a deed of trust October 29, 1846.

  

William White’s Indenture to Jacob K. Stribling

William died before paying off the debt. Jacob K. Stribling didn’t fare much better dying Sept. 10, 1854.

Oct. 25, 1855 Nicholas K. Trout, acting as Mr. Stribling’s administrator, appeared in Circuit Court before Judge Lucas P. Thompson naming William White’s widow along with her infant children, John William, Jane Maria and Margaret, as defendants to recover the debt. He wanted to sell William White’s property but couldn’t until Mary Ann got her 1/3 dower share.

Chancery causes required the defendant to respond to the plaintiff’s bill of complaint but Mary Ann hadn’t answered Trout’s bill by July 2, 1856. Since minor children were involved, the Commissioner appointed Nicholas C. Kenney as a guardian to John W., Jane Maria and Margaret.

The Court was of the opinion that the dower estate could not be assigned to Mary Ann White because she wasn’t in possession of it. The Commissioners decided to rent out the property for twelve months while Mary Ann White received one-third of the rent and Nicholas K. Trout the remaining two-thirds. After twelve months, the property would be sold to the highest bidder.

Great Grandmother consented to the sale of her husband’s land Nov. 24, 1856. In January 1857, Wm. Shumake became the new owner of William White’s property.

Mary Ann White’s Answer to Bill of Complaint

Mary Ann remained close with her husband’s family. She was living with a sister-in-law in Mt. Sidney when the 1860 federal census was enumerated. William Shumake, who bought William White’s property, was their neighbor. Great Grandfather’s brother, John White, and his family were close by too.

After the Civil War ended, Grandmother married George Huffman in Rockingham County, Virginia August 27, 1865. They became parents April 1868 when Ella Susan Huffman was born.

Grandmother died March 7, 1891 and is buried in the Bethlehem Lutheran Church, Ladd, Virginia near her son, John William White.

You can view Chancery Cause 1858-071 at the Library of Virginia website here.

Source: Chancery Suit Nicholas K. Trout vs. William White heirs

Index No. 1858-071, Library of Virginia, Virginia Memory,

Chancery Records digital image collection

Greetings Mary Ann White, You and Your Children are Summoned to Appear at Augusta County, VA Circuit Court

Today’s post was previously published Jan. 9, 2014 on Barb’s Family Stories. I’ve reworked it and hope it will attract new readers.

3^rd Great Grandmother was born Mary Ann Shelly the daughter of John Shelly and Elizabeth Stover. Methodist minister G.W. Israel married Mary Ann Shelly and William White Jan. 30, 1845 in Augusta County. William worked as a wagon maker and he owned a house and small ¼ acre lot in Mount Sidney. 3^rd Great Grandfather needed money and borrowed $77.62 from Jacob K. Stribling October 29, 1846.

Image from Chancery Suit Nicholas K. Trout vs. William White heirs
Index No. 1858-071, Library of Virginia, Virginia Memory,
Chancery Records digital image collection

William White died before he could pay his debt to Jacob K. Stribling and Jacob K. Stribling passed Sept. 10, 1854.  Nicholas K. Trout was acting as Jacob K. Stribling’s administrator when he filed a bill against Mary Ann White and her children. I don’t have a date of death for Great Grandfather William White but he must have passed prior to Oct. 25, 1855 when court proceedings began. Mr. Trout wanted to sell William White’s property but couldn’t until Great Grandmother Mary Ann got her dower share.

On Oct. 25, 1855, Nicholas K. Trout appeared in Augusta County, VA Circuit Court naming William White’s widow, Mary Ann White, along with her infant children--John William, Jane Maria and Margaret--as defendants to obtain the debt.

Image from Chancery Suit Nicholas K. Trout vs. William White heirs
Index No. 1858-071, Library of Virginia, Virginia Memory,
Chancery Records digital image collection

N. C. Kenney was appointed guardian to the White children by Augusta County Court. It was declared that the dower estate could not be assigned to Mary Ann White by laying off one third of the lot and house because she was not in possession of it. The commissioners decided to rent out the property for twelve months with Great Grandmother receiving one third of the rent and Nicholas K. Trout the remaining two thirds. After twelve months’ time, the property would be sold with Mary Ann receiving her dower. Wm. Shumake was the highest bidder and became the new owner Jan. 27, 1857.

See my Grandmother Lucy Leora Clemmer’s pedigree chart for birth and death dates.

You might enjoy these articles published about 2^nd Great Grandfather John William White:

      JOHN WILL WHITE, Father, Grandfather, Great Grandfather

      TREASURE CHEST THURSDAY: John Will White’s Death Certificate

 

      TOMBSTONE TUESDAY: 2nd Great Grandparents John Wm. and Mary Ann White

Greetings Mary Ann White, You and your Children are Summoned to appear at Augusta County, VA Circuit Court

Image from Chancery Suit Nicholas K. Trout vs. William White heirs

Index No. 1858-071, Library of Virginia, Virginia Memory,

Chancery Records digital image collection

Mary Ann White was 30 years old, a widow and a mother of three children roughly 10 years, 8 months after her marriage to my 3^rd great grandfather.

My 3^rd great grandmother, Mary Ann Shelly, was the daughter of John Shelly and Elizabeth Stover. She married William White Jan. 30, 1845 with a Methodist minister officiating. William’s trade was wagon maker and he owned a house and small ¼ acre lot in Mount Sidney, Augusta County, Virginia. He needed money in 1846 and borrowed $77.62 from Jacob K. Stribling in a deed dated October 29, 1846. [i]

   Image from Chancery Suit Nicholas K. Trout vs. William White heirs

Index No. 1858-071, Library of Virginia, Virginia Memory,

Chancery Records digital image collection

On Oct. 25, 1855, Nicholas K. Trout appeared in Augusta County, VA Circuit Court naming the widow of William White, Mary Ann White, along with her infant children, John William, Jane Maria and Margaret as defendants in order to obtain the debt owed him.[ii]

William White had died without paying any of the debt owed to Jacob K. Stribling. Jacob K. Stribling died Sept. 10, 1854 [iii] and Nicholas K. Trout was acting as Jacob K. Stribling’s administrator when he went to court against Mary Ann White and her children. Trout wanted to sell William White’s property but couldn’t without Mary Ann get her dower share.

As of July 2, 1856, Mary Ann White had not appeared in court. The court appointed N. C. Kenney as guardian to the children. The court was of the opinion that the dower estate could not be assigned to Mary Ann White by laying off one third of the lot and house because she was not in possession of it. It was decided to rent out the property for twelve months with Mary Ann White receiving one third of the rent and Nicholas K. Trout the remaining two thirds rent. After twelve months the property could be sold with Mary Ann receiving her dower. Wm. Shumake was the highest bidder and became the new owner Jan. 27, 1857.[iv]

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[i] Augusta County, VA Deed Book 66, page 381

[ii] Chancery Suit Nicholas K. Trout vs. William White heirs, Index No. 1858-071, original case 261 online at Library of Virginia, Virginia Memory, Chancery Records digital image collection

[iii] FindAGrave.com; Burial Thornrose Cemetery, Staunton, Augusta County, Virginia. Created by PL, record added Dec. 15, 2007, Find A Grave Memorial #23419228

[iv] Augusta County, VA Deed Book 79, page 640