H. B. McFall Answers Radie McFall’s Heirs Chancery Cause 1906-105, Augusta Co., VA

Earlier this week I posted The McFall’s and Chancery Cause 1906-105, Augusta Co., VA introducing the chancery cause initiated by my Great Grandmother Flora Belle McFall and her siblings versus their Uncle Hamilton McFall March 30, 1894. Their father, James Addison McFall, died in 1887 and mother, Radie Maria Harman, passed May 10, 1890.

The only McFall child over the age of 21 years was Clara Dean (McFall) Irvine. The other siblings were still minors. That’s why Clara and her husband, Howard Irvine, petitioned the Circuit Court of Augusta Co., VA on behalf of the heirs of 2^nd Great Grandmother Radie McFall. They wanted the Court to help them determine what each child was entitled to from their mother’s estate.

On July 10, 1894, it became Henry W. Holt’s responsibility to prepare an accounting of Grandmother Radie McFall’s estate. Several years passed. April 24, 1897, Chancery Commissioner Henry W. Holt submitted a report to the Honorable William McLaughlin, Judge of the Augusta Co., VA Circuit Court.

After taking a deposition from Uncle Hamilton B. McFall, Commissioner Holt learned Radie and her children had been the recipients of a $3,000 life insurance policy. It’s likely 2^nd Great Grandfather James A. McFall was the policy owner. He’d been sick for some time and might have anticipated his death (April 7, 1887). A life insurance policy would provide for his family after his death.

Grandmother Radie made Uncle Ham her agent and put the $3,000 in his care. Under Radie’s direction and during her lifetime, Hamilton spent $2,400 of the money. $1,600 of that $2,400 was payment for the Maddux Farm leaving $600 jointly owned by Grandmother and the McFall children. Since then, Uncle Hamilton McFall collected an additional $248.78 that had been Radie McFall’s individual property.

Uncle Ham said the funds that came into his hands totaled $848.78. He stated he spent more caring for his nieces and nephews than he received. The adult parties involved in the chancery cause confirmed his account.

While Grandmother Radie was alive, she invested $1,600 in the Maddux Farm. Uncle Hamilton paid $3,136 for the farm and was willing to have the farm divided by the Court Commissioners executing a deed to the McFall children for one-half of the farm. This remedy was satisfactory to all, and Commissioner Holt recommended this action.

Chancery Cause 1906-105, Augusta Co., VA

Clara D. Irvine & others vs. H. B. McFall & others

Stay tuned for the next development in the suit.

To see the complete chancery record visit the Library of Virginia website at http://www.lva.virginia.gov/chancery/case_detail.asp?CFN=015-1906-105

The McFall’s and Chancery Cause 1906-105, Augusta Co., VA

My McFall ancestry begins with Great Grandmother Flora Belle born August 1, 1875, in North River, Augusta County, Virginia. Great Grandmother’s parents were James Addison McFall and Radie Maria Harman. Her father, James, died a young man, age 39, in April of 1887. Just three years later, she lost her mother on May 10, 1890.  Consumption was the cause of death for both.

Five children survived 2^nd Great Grandmother Radie McFall: Clara Dean, Flora Belle, Elizabeth Kinzer, Paul Duvall and Lacy Hamilton. When Radie McFall passed, Clara had already married Howard Irvine. The other children were all under the age of eighteen.

The chancery cause I want to tell you about today is “Clara D. Irvine & others vs. H. B. McFall & others”. Its174 pages long and the proceedings began at the Circuit Court of Augusta County, Virginia March 30, 1894.

As you probably guessed, these folks were kin. Clara D. McFall and husband Howard Irvine represented her brothers and sisters in the suit. Although over the age of 14 years, Flora Belle, Kinzer and Paul were infants in the eyes of the Court. The youngest brother, Lacy, was not yet 14 years old.

H. B. McFall was Hamilton Bell McFall, an Uncle to the children. While Radie McFall was living, she gave $800 to her brother-in-law, H. B. McFall, as part payment on a piece of land known as the Maddox property containing about 300 acres. The title was in Uncle Hamilton’s name. He acted as Grandmother Radie’s personal representative. Clara stated in the bill of complaint significant amounts of money and proceeds from her mother’s personal property went to Uncle.

After Grandmother Radie had died, H. B. McFall became the administrator of his sister-in-law’s estate.

Now we get to the crux of the chancery cause. Uncle Hamilton never prepared any proper accounting or settlement of Grandmother Radie’s monies. She’s been dead four years, and the McFall heirs want the Court to intercede so they can find out how much each is entitled to from her estate. They request guardians be appointed for the minor children and seek an accounting of Radie McFall’s estate.

Keep visiting—more details coming soon.

To see the complete chancery record visit the Library of Virginia website at http://www.lva.virginia.gov/chancery/case_detail.asp?CFN=015-1906-105

Scotsmen James Wilson and Hugh Wilson

More about the Scots I call family . . .

1840 Norwich, New London Co., Connecticut

It was easier to find 3^rd Great Grandfather James Wilson in the 1840 federal census than in earlier census years.  Brothers James and Hugh lived near each other in the Town of Norwich, New London Co., Connecticut with Erastus Huntington 2^nd enumerated between them.

You’ll notice from the census image below, James was known as James Wilson 2^nd. When Hugh Wilson mortgaged his property to Jedidiah and Jonathon G. Huntington, James witnessed the agreement. Grandfather’s name was transcribed into the Norwich court records as James Wilson 2^nd by the town clerk. I’m uncertain how the suffix 2^nd applies in this case, but it differentiates him from other men of the same name.

1840 Federal Census, District No. 14,

Town of Norwich, New London Co., Connecticut

Roll: 30; Page: 189; Image: 384; Family History Library Film: 0003022

I found each man had a larger household than I expected.

Nine people resided in 3^rd Grandfather James Wilson’s home:

   1 male under 5 years—Son Walter Wilson.

   2 males between 5 and ten years—Son Hugh and unknown male.

   1 male between 10 and 15 years—unknown male.

   1 male between 30 and 40 years—James Wilson, head of household.

   1 female between 5 and 10 years—Daughter Janett.

   2 females between 10 and 15 years—Daughters Ann and Marion.

   1 female between 30 and 40 years—Marion (Moore) Wilson, James's wife.

   1 male employed in manufactures and trades--Grandfather James.

3^rd Great Granduncle Hugh Wilson’s dwelling housed five people:

   1 male between 20 and 30 years—Son James.

   1 male between 40 and 50 years—Hugh Wilson, head of household.

   2 females between 20 and 30 years—Louisa, daughter-in-law to Hugh/wife to James and unknown female.

   1 female between 40 and 50 years—Charlotte, wife of Hugh.

   1 male employed in manufactures and trades—Uncle Hugh.

The 1840 census represents the last instance where I find my Great Grandfather James Wilson in any document. The opposite is true for Uncle Hugh. His name can be found in city directories, census, deeds and probate estate.

When I learn more about the Scots that I call family, you’ll hear about it at Barb’s Family Stories.

Grandfather James and Uncle Hugh Immigrate to the United States

Yesterday I began the story of the Scots I call family. Today’s post tells the Wilson family’s beginning in the United States.

In the United States

James immigrated to the United States by 1829. I know because James and wife Marion Moore resided in Paterson, New Jersey March 28, 1829, where their daughter, Marion, was born. New Jersey was the birthplace of the next two Wilson children—Ann born in 1831 and Janett in 1833.  The Wilson family welcomed three sons, Hugh, Walter, and John, born in Connecticut from 1836 to 1842.

I hoped to find James’ family in Paterson, New Jersey in the 1830 federal census. Paterson is currently part of Passaic County, but when the 1830 census was taken, Paterson was part of the Acquackanonk Township in Essex County. I located three men in Acquackanonk named James Wilson and can’t say any of them are Grandfather James. The census included a column, “ALIENS—Foreigners Not Naturalized” which I was sure would lead me right to my Grandfather. Not so! None of the three James Wilson’s contained a tick mark for this category. An explanation might be Grandfather James wasn’t a head of household, the enumerator simply made a mistake, or he was somewhere else.

In 1830 Hugh lived in Griswold, New London Co., Connecticut with his wife Charlotte and two males. No doubt one male was his son, James, born 1817 in Scotland and the other a 20-30-year-old man not known to me. The census enumerator noted all members of the household were aliens not naturalized.

Uncle Hugh buys land in Connecticut

Sept. 12, 1836, Hugh bought a small lot in the Village of Greenville, Town of Norwich from William C. Gilman and William P. Greene, all residents of Norwich, New London Co., CT for $87.50.

The property as described in Deed Book 46, Pages 520-521:

   “Beginning at the Northeasterly corner of the premises at a point in the Southerly line of ninth Street and also adjoining land that said Gilman and Greene sold to George Brooks, thence, Northwesterly and adjoining said ninth street twenty feet to an alley of fifteen feet as width laid out through Square No. 3 from eight to ninth street thence southwesterly and in line of the easterly side of said Alley fifty feet, thence Southeasterly and at right angles with said alley twenty feet to said Brooks land thence Northeasterly and adjoining Brooks land fifty feet to the place of beginning being twenty feet front on said ninth street and fifty feet deep on said alley with right angles and is part of lot No. 4 on said Square No. 3 as laid down on the plan of the Norwich Water Power Company lots at said Greenville.”

The town clerk, John H. Grace, recorded the transaction May 20, 1837.

H. & J. Wilson Company

Hugh mortgaged his lot March 10, 1838, to merchants Jedidiah and Jonathon G. Huntington for $363.79. (Deed Book 47, pages 246-247)

  “I the said Wilson do by these presents bind myself and my heirs forever to warrant and defend the above granted and bargained premises to them the said Huntingtons their heirs and assigns against all claims and demands whatsoever  Always provided that these presents are upon condition that whereas the aforesaid Hugh Wilson with his brother J. Wilson associated in business under the name and firm of H & J Wilson are justly indebted to J & J G Huntington in the sum of $363/80 (Three hundred & sixty three 79/100 dollars) by note dated 24^th Feby 1838 for that sum signed by s’d H & J Wilson in their co name payable to said Huntingtons six months from date with interest”

Hugh signed the mortgage which had been witnessed by James Wilson 2^nd and the Justice of the Peace Jesse Fuller. Uncle appeared before the Justice of the Peace March 28, 1838, with the agreement recorded by the town clerk the same day. At first, I thought James Wilson 2^nd was Hugh’s son, but then I recalled young James had not yet reached the age of 21 years. He was still a minor and not old enough to appear in official court documents. James Wilson 2^nd must be my Great Grandfather.

Later that year Uncle Hugh acquired a lot from George Brooks of Griswold, New London Co., CT (August 20, 1838). George Brooks owned the property bordering Uncle Hugh’s parcel. (Deed Book 47, pages 395-397)

H. & J. Wilson Machine Business Dissolved

April 24, 1839, Hugh and James officially dissolved their partnership. A legal notice ran in the Norwich Courier, Norwich CT May 1, May 8, and May 15, 1839.

The brothers mutually agreed to end their partnership. Uncle Hugh would continue operating the machine shop and promised to pay all debts.