Brown Family Research - Paternal Ancestors - Segment 12

 

Moses Ferguson and Malinda Goff

Part -1-

Early Days

Moses Ferguson was born in North Carolina in about 1803.[1] Nothing is definitively known about his early life or his parents. Given that Moses never acknowledged being able to read or write, it is likely that he never attended school. At some time, the family moved to middle Tennessee. There, he seems to have met Malinda Goff, who had been born in TN in about 1815.[2] They married in Sumner Co. on July 19, 1832. Their bondsman, or best man, was Daniel Gossage. The couple was joined by Reverend H. K. Winbourn, who was simply listed as a Minister of the Gospel.[3]

Their first child, Catherine, was born in TN in 1833.[4] Sometime between 1833 and 1839, the young family moved north to Butler Co., KY. The first of eight known children born in KY was William Alexander "Tobias". He arrived in 1839.[5] Brothers and sisters continued to appear until 1856. Timothy V. was next in 1841.[6] Then came James M., born in 1845.[7] He was followed by Thomas in 1848.[8] Then came the second daughter, Hannah Elizabeth, in 1849.[9] She was followed by John A. in

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[1] Moses' exact year of birth is difficult to pinpoint. In 1840 he is between 30 and 40 years of age (i.e. born between 1800 and 1810), 1850 he is 47 years old (i.e. born in 1803), in 1860 he says he is 53 (i.e. born 1807), in 1870 he claims to be 67 (i.e. born 1803), in 1872 he states that he is 75 (i.e. born 1797) and in 1880 he claims to be 70 (i.e. born in 1810).

[2] Malinda's place of birth is based on data which she provided in the 1850 Ohio Co., KY census. Determining her year of birth is also difficult. In 1840, she is listed as between 30 and 40 (born 1800-1810); in 1850, she is 36 (1814); in 1860, she is 45 (1815); and in 1870, she is 63 (1807).

[3] Moses Ferguson and Malinda Goff were married in Sumner Co., TN on July 19, 1832 (page 474 of the book, 35,000 Tennessee Marriage Records and Bonds, 1783-1870, Vol 1, A-F, edited by Rev. Silas Emmett Lucas, Jr. and Mrs. Ella Lee Sheffield, Southern Historical Press, Easley, SC, 1981).

[4] Catherine was born about 1833 in TN. Said to have died in Cleaton, Muhlenberg Co., KY. She is buried in Crescent Hill Cemetery, also in Muhlenberg Co, KY. https://www.findagrave.com/memorial/8394744

[5] William Alexander 'Tobias' was born about 1839 in KY. He married Grayson Co. born, Nancy Jones on March 8, 1857, in Butler Co (per page 1 of the index to the 1857 Butler Co., KY. Marriage Records). She died February 22, 1859, in Butler Co. (Butler Co. Death Records, 1859), and he married her older sister, Rachel, on June 23, 1860. Both weddings occurred at Moses' home. Served in the 11th Regiment of the KY Voluntary Infantry, Company C. Died February 1872 in Butler Co. The large gap between Catherine's birth and that of Tobe and the absence of any such gap after that time may indicate that there were other children who died young.

[6] Timothy V. was born October 27, 1840, in KY. In June 1880, he married a Betsy Jane Runnals (or Reynolds) in Ohio Co (she was 24 years his junior). He died of a brain hemorrhage on July 18, 1917, in Ohio Co. Timothy served in the Civil War in the 11th Regiment of the KY Voluntary Infantry, Company C. He made an application for a pension as early as 1887, claiming that his exposure to camp diseases left him unable to work. He was never awarded the desired pension, but his widow, Betsy, did obtain a Widow's Pension based on his service (certificate 846982).

[7] James M. was born April 14, 1845, in KY. He later married a woman named Nancy Oliver and moved to Ohio Co. He also served in the Civil War in the 11th Regiment of the KY Voluntary Infantry, Company C. James was captured at Bowling Green, KY, on December 31, 1862, by CSA General John H. Morgan and paroled. He reported to Company K, 4th Regiment of Paroled Forces at Camp Chase, OH, on January 2, 1863. He returned to duty in the 11th KY on March 13, 1863. Camp Chase (4 miles west of downtown Columbus, OH). Camp Chase served as a training camp, parole camp, and prisoner of war camp.

[8] Thomas was born about 1848 in KY.

[9] Hannah Elizabeth was born about October 23, 1849, in Butler Co., KY. She later married Abraham A. Frizzell on October 7, 1868. Abraham was also a Private in the 11th KY Voluntary Infantry, Company C. Elizabeth died August 3, 1923, in Ohio Co., KY. She is buried in the Slaty Creek Baptist Church Cemetery in Prentiss, KY. Abe died November 21, 1932, in Ohio Co., volume 55, certificate 27041, death volume 32.

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1852.[10] Daughter Eleanor was born in 1854.[11] Finally, Elmore was born in 1856.[12] After reaching Butler Co., Moses supported his growing family as a ferry keeper and a farmer.

The winter of 1856-1857 cannot have been pleasant for the Fergusons, for their three youngest children died of scarlet fever. Four-year-old John and two-year-old Eleanor died within twelve days of each other in December. Elmore, aged one or less, died shortly thereafter in 1857.

Their second child, Tobe, married young Nancy Jones in 1858. The wedding took place at Moses' and Malinda's home. Unfortunately, Nancy died of a heart condition in February 1859. Tobe soon took Nancy's older sister, Rachel, as his bride, with the 1860 wedding again taking place at Moses' home. The relationship between Moses and Malinda and their second son was to continue to be a close one. Available records indicate that for many years the young couple may have lived on Moses' land or perhaps on an adjacent farm.[13] Tobe may have even worked for his father. Tobe, who, along with brothers Timothy and James, served with the 11th KY Voluntary Infantry, suffered from camp diseases early in the war and returned home in January 1862. Given his condition, his growing family, and his parents’ proximity, it is likely that Moses and Malinda provided both financial and emotional support during these difficult years.

Timothy and James served throughout the war, seeing duty at Shiloh, Perryville, Stones River, Knoxville, Kennesaw, and Atlanta. They were discharged at Bowling Green, KY, on December 16, 1864.

Late in 1864 or early 1865, the family seems to have moved from the Burdens community to the extreme northern part of Butler Co. to a 100-acre farm at the junction of the Green River and Indian Camp Creek. In an effort to raise a little more money, Moses and Malinda leased the mineral rights on their land to Larkin J. Proctor and Co. of nearby Edmonson Co. The lease was for a period of thirty years, and the Fergusons were to receive ten percent of the minerals discovered, though it is unknown if any were ever found.

The couple's youngest surviving child, Hannah Elizabeth, married in 1868. She took as her husband a veteran of the 11th KY Voluntary Infantry Regiment, Abraham A. Frizzell. Abraham served in the same Company as Elizabeth's three brothers. As with Tobe's two marriages, the ceremony took place at Moses' and Malinda's home. Austin and Thomas Bratcher served as witnesses to the service conducted by David Elms. Perhaps for a short time, the couple had an 'empty nest' for the first time in 35 years.

Declining and Death

By 1870, Moses' health may not have allowed him (at 67) to provide the support to Tobe as he once had, and some of the burden may have shifted to Tobe's brothers. James’ and Tobe’s families live

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[10] John A. was born about 1852 in KY. He died December 2, 1856, in Butler Co., KY, from scarlet fever (Butler Co., KY, death records, 1856, page 2).

[11] Eleanor was born about 1854 in KY. She died December 14, 1856, in Butler Co., KY, from scarlet fever (Butler Co., KY, death records, 1856, page 2).

[12] Elmore was born about 1856 in KY. He died in 1857 in Butler Co., KY, also from scarlet fever (Butler Co., KY, death records, 1857, page 2).

[13] Moses does not appear in the 1850 or 1860 Butler Co., KY Agricultural Census. It may be that his farm was too small to meet the guidelines set for inclusion.

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next to each other, and the youngest brother, Thomas (and his young wife, Elizabeth), still lived near his parents in the Brooklyn community.[14] Another Ferguson, 16-year-old John, boarded with Moses and Malinda.

The 1870 agricultural census provides some insight into Moses’ property and prosperity, as his farm was of 15 acres of ‘improved’ (or cultivated) land only. He owned no woodlands. He owned $15 worth of farm implements and machinery. He had one horse, two milk cows, and seven swine. The total value of the livestock was $200. In the past year he had produced 30 bushels of Indian corn and 200 pounds of tobacco.[15] A brief comparison of Moses’ farm with those nearby indicates that it was one of the smallest and least productive, perhaps indicative of his declining health.

Sometime after 1870, Malinda died of causes which have yet to be discovered. Shortly thereafter, on August 17, 1872, Moses remarried 50-year-old Sallie F. Nostril.[16] They were to be married at the home of their son-in-law, Abe Frizzel, with members of the Phelps family acting as witnesses.

Within six months of Moses' remarriage, change came. His oldest son, Tobe, died, and his third son, James, moved his family north to Beaver Dam in Ohio Co. Tobe's widow, long dependent upon her father-in-law, also moved to Beaver Dam, perhaps now to be near James' family.

By 1880, Moses and Sally were still living in the Burdens community. Moses, in his late 70s, continued to work the farm. In June of that year, his second son, Timothy, finally married, taking the much younger Betsy Jane Runnals (or Reynolds) as his bride. But since they lived in the Select community in Ohio Co., it cannot be expected that they were of much aid to Moses.

Moses also appeared in the 1880 agricultural census for Butler Co., KY. He appeared in the Burdens. It was noted that he owned his land, nine acres of which were under cultivation with another 50 acres of woodland. The farm and its buildings were worth $75, while the estimated value of all farm production over the last year was just $50. No crop or livestock production was recorded over the prior year, clearly a sign of Moses’ decline. No other farm was as small, nor did any other farm have zero production of goods.[17]

At this time, it is not clear when or how Moses and Sally died, nor where they are buried.

End Notes and References

1. In 1830 in Sumner Co., TN, there was only one Ferguson family (spelled Furguson in the census). It is the family of Edward Furguson, aged between 70 and 80. One of those living in this household is a male between 20 and 30 years of age. Moses would have been between 20 and 30 at this time. Except for the one statement given by Moses in his old age, the date of birth

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[14] Brooklyn is a small community in Butler Co., located 10 miles northeast of Morgantown on Welch's Creek.

[15] U.S., Selected Federal Census Non-Population Schedules, 1850-1880, 1870 data, Butler Co., KY, Precinct No. 1, Morgantown, page 21. The agricultural census would have included a second page of questions regarding the production of other produce but has not been filmed.  

[16] Moses married again in 1872 to a Sallie F. Nostril (Butler Co. marriage records, Book 7, page 299). He stated that his marriage to Sallie was his second. In this record, he stated that he was born in TN, that his father was born in NC, and his mother in VA. On other records, he has noted that he was born in NC.

[17] U.S., Selected Federal Census Non-Population Schedules, 1850-1880, 1880 data, Butler Co., KY, Burdens District, page 1.

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would correspond to that of the male in the Edward Ferguson household in the 1830 Sumner Co., TN census. It is possible that Edward is his father, though Edward would have been between 50 and 60 at the time of Moses' birth. Also in Edward's household were one male less than 5, one female between 5 and 10, one female between 15 and 20 and one female between 60 and 70. The 1820 Sumner Co. census has three Furguson families, Edward, Polly and John, all appearing on page 153 of that document. On the other hand, the minister who married Moses and Malinda positively states that Malinda was a resident of Sumner Co. but doesn't say the same of Moses. Perhaps Moses was not a resident of Sumner Co. He may have been passing through or a resident of a neighboring county.

2. Butler Co., KY census for 1840, p. 383, see the table below.

3. Butler Co., KY census for 1850, p. 275, see the table below.

4. Butler Co., KY census for 1860, p. 873, see the table below. In 1860 Moses' personal property was estimated at $8000 (!!!), which was enormous compared to Tobe's $50 personal property. According to the census, neither had any real estate. In the case of Moses, given the absence of real estate, his high personal worth would be atypical. The number does not seem to be in the same handwriting as the other data on the page, indicating that it could be spurious information. Perhaps as the census data was being tallied, a clerk simply jotted down an intermediate result of a tabulation.

5. Butler Co., KY census for 1870, p. 334, see the table below. Note that Moses' worth is only $200, perhaps confirming that the $8000 shown in 1860 was an error or an intermediate tabulation as speculated above.

6. Butler Co., KY census for 1880, p. 364, see below.

7. The known children of Moses and Malinda are;

8. Butler Co., KY, deed book L, pages 421 and 422. How and when the Fergusons obtained this property is not clear (though when responding to the census taker in 1860, they claimed to have owned no property), nor can it be ascertained at this time as to how the land was disposed of.

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1840 Butler Co., KY Census

Head of Household	Males	Females	No. in Agriculture	Read/Write
Moses Ferguson	1 less than 5 yrs 1 between 30 and 40	1 between 5 and 10 1 between 30 and 40	1	2 over 20 who cannot read or write

1850 Butler Co., KY Census

Name	Age	Occupation	State of Birth	Read/Write
Moses Ferguson	47		NC	No
Malinda	36		TN	No
Catherine	17		TN
Wm	10		KY	In school
Timothy	8		KY	In school
James	6		KY
Thomas	4		KY
Elizabeth	8 months		KY

1860 Butler Co., KY Census

Name	Age	Occupation	Worth	State of Birth	Read/Write
Moses Ferguson	53	Farmer	8000	NC	cannot read
Malinda	45	Sewing		TN	cannot read
T. V.	19	Farm Laborer		KY
James	15	Farm Laborer		KY
Thomas	12			KY
Elizabeth	9			KY
Wm A	21	Farmer		KY	cannot read
Rachel	21	Sewing		KY	cannot read

1870 Butler Co., KY Census

Name	Age	Occupation	Worth	State of Birth	Read/Write
Moses Ferguson	67	Farmer	200	NC	write
Malinda	63	Keeping House		TN
John	16	Farm Laborer		KY

1880 Butler Co., KY Census

Name	Age	Occupation	Read/Write	State of Birth	Father's State of Birth	Mother's State of Birth
Moses Ferguson	70	Farmer	No	NC	NC	VA
Sally F.	56	Keeping House		KY	VA	VA

Attachments

1. Marriage license, Moses Ferguson and Malinda Goff, Sumner Co., TN, four pages.
2. Butler Co., KY, deed book L, pages 421 and 422, two pages. Property lease dated February 28, 1865, between Moses and Malinda and a Larkin J. Proctor to permit Proctor to explore for minerals. The term of the lease was for 30 years.
3. Marriage license, Moses Ferguson to Sallie F. Nostril, Butler Co., KY, marriage records, Book 7, page 299, two pages.

Areas for Further Research

·         Moses' son James was also in the 11th, so I'd like to check out his pension/military records and see if it has any family info.

·         Look at the tax records for Butler Co 1833 - 1880? to see when Moses showed up, to get a feel for the family's financial status while they were there, and when he died.

·         Look for wills, inventories, and appraisals.

·         Look at the Court records to see if he was ever excused from paying taxes.

·    Look at Ohio Co. papers for death notices of Timothy (1907) and James Ferguson and Hannah Elizabeth Frizzell to see if they contain anything about their parents or siblings.

Brown Family Research - Paternal Ancestors - Segment 11

 

Thomas Fitch and Mary Jones

Page -1-

Thomas Fitch was born about 1810 in North Carolina. It is thought that his father was a James Fitch, born in about 1781, also in NC. Mary Jones was born in IN in about 1824. They married on November 7, 1843, in Orange Co., IN.[1]

Not many people of European descent lived in the IN territory prior to the War of 1812. The population of what we now call IN was only 2,600 in 1800. By 1810, the population had risen to 24,500. The British still occupied forts along the Great Lakes (on the American side), and they had set native populations in opposition to the infant nation. The Indian Chief Tecumseh had initiated the largest coalition of tribal peoples to resist further settlement by whites. His brother, known as The Prophet, lived in western IN, along the Wabash River in a large village known as The Prophet’s Town. The region was dangerous and the site of constant raids and kidnappings. When war broke out, KY troops drove into the state under the leadership of Benjamin Harrison and Zachery Taylor, both future Presidents. Their goal was to attack the Prophet’s stronghold and weaken the Confederacy. In this, they were successful.

While there was not a clear overall victor in the War, the departure of the British from the American-owned western territories, the elimination of the Indian confederacy, and the killing (in Canada) of the greatest Indian leader, Tecumseh, brought peace to IN and other western lands. This greatly facilitated immigration from the east so that by 1820, there were over 147,000 living in IN. With the reduction of strife, IN joined the young nation in December 1816 as the nineteenth state. By the time of Thomas’ marriage to Mary in 1843, 685,000 called the state home.

 1850s

By 1850, Thomas was working as a blacksmith in the Northwest township area of Orange Co., IN.[2] Thomas reported real estate holdings worth $250. The couple already had four young children, all born in IN. The firstborn was James S. in about 1846.[3] Next, in 1847, Isabel was born.[4] A second daughter, Francis, known as Franky, was born in about 1848[5]. Finally, a second son, William J., was born in September of 1850.[6]

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[1] The service was officiated by ___________. Orange County is in southern IN, separated from the Ohio River by about 12 miles by tiny Crawford Co.

[2] Orange Co. is divided into ten Townships that provide local services. The Northwest township is in the extreme northwestern corner of the county. Its northern border is adjacent to Lawrence Co., while its western border is adjacent to Martin Co. Orange Co. had a population of 10,809 in 1850.

[3] James S. Fitch was born in IN in about 1846.

[4] Isabella Fitch, also known as Isabel and Bell, was born about 1847 in IN. She married Joseph C. Wilson on May 20, 1868, in Lawrence Co., IN, and died in about 1873 in IN.

[5] Francis Fitch was born about 1848 in IN

[6] William J. Fitch was born in September 1850 in IN. His month of birth is derived from the 1850 census, taken in November, which lists him as two months old.

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Orange Co., IN[7]

Also living with Thomas and Mary in 1850 were two other young people. The oldest was Sarah Fitch, born about 1837, and Levi Fitch, born about 1839. The 1850 census did not declare relationships within a household but did list the primary family first with the children ordered by age. Other individuals (parents, boarders, and nonbiological children) followed. Sarah and Levi might have been children of a deceased brother. In addition to these children, there was also 69-year-old James Fitch and an 18-year-old George R. Fitch. James was likely Thomas’ father, judging by his birth year. George, born in NC in about 1842, was likely a nephew or even a much younger brother of Thomas. Both James and George were listed as laborers.[8]

Additional daughters would be born to Thomas and Mary in the 1850s. Nancy was born first in 1852.[9] Then Martha was born in about 1854.[10] Margaret was born in 1855.[11] Susan Louisa was the next to be born in 1857.[12] She was followed by (Mary) Jane in 1858.[13] Finally, Barbara Alice was born in May of 1860.[14] She was the last known child of the Fitchs.

The 1850 agricultural census provides insight into Thomas’ farm and its productivity. In the population census, he reported that his primary employment was as a blacksmith. Thus, it was not expected that the farm would be large unless some or all had come to him by way of inheritance. Thomas appeared in the non-population census in the Northwest Township. He had 50 acres under cultivation and another 110 acres of unimproved land. The farm was valued at $400. Thomas owned $20 worth of farm implements, four horses, two milk cows, and 20 hogs. The livestock were valued at $170. Over the last year, the farm produced 400 bushels of corn, 100 bushels of oats, and one ton of hay. In the last year, he produced $20 worth of homemade goods and slaughtered $30 worth of livestock.[15]

_______________________________

[7] Image per Wikipedia.

[8]This typically means that a person was a laborer on the farm where he lived.

[9] Nancy Fitch was born in about June 15, 1852, in IN. She died February 11, 1935, in Ohio Co., KY. I have used the 1860 census to determine the year of her birth (1852) rather than her headstone inscription (1858).

[10] Martha Fitch was born in about 1854 in IN.

[11] Margaret Fitch was born in about 1855 in IN.

[12] Susan Louisa Fitch was born in about 1857 in IN. Some census records list a Louisa while others list a Susus, both with the same inferred birth year. I have assumed that the records refer to the same individual.

[13] Mary Jane Fitch was born in about 1858 in IN.

[14] Barbara Alice Fitch was born in May 1860 in IN. The month of her birth is derived from the 1860 census, taken in August that year, which lists her as three months old. 

[15] U.S., Selected Federal Census Non-Population Schedules, 1850-1880, 1850 data, Orange Co., IN, Northwest Township, pages 68 and 69.

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Thomas’ farm was of average size in the area and of similar productivity but not growing the variety of crops that was typical.

In 1858, Thomas took advantage of the Federal government’s Land Act of 1820 to expand his holdings. Congress had sought to lure settlers across the Appalachians in order to jumpstart the development of a western civilization. This they did with several pieces of legislation that facilitated low-cost purchase of government-owned lands that had never been titled. Prior acts had offered large tracts of land, typically 160 acres, for sale on credit. Soon it became obvious that few settlers had the capital and that this size of tract was beyond what most families could comfortably manage. Thus, the act of 1820 ended the practice of purchasing on credit, lowered the price per acre that a citizen had to pay (from $2 to $1.25), and reduced the available tracts from 160 acres (a so-called quarter section) to as low as 40 acres.[16] To purchase a tract, one went to the locally established General Land Office and acquired a patent for the property of interest.

For Thomas, this meant a trek of about 60 miles to the Land Office in Vincennes. His first visit was on July 1, 1857. He purchased 40 acres of land located in section 34, township 3 of Orange Co. on patent 38160. Then on August 30, 1858, he returned to Vincennes and secured a patent, number 39288, for a total of 120 acres. It consisted of 40-acre tracts in each of three sections (28, 43, and 44) in township 3.[17]

1860s

By the 1860 census, the Fitch family had moved due north just across the county line into Lawrence Co., IN. Their new home was in the Spice Valley Township. Their move may have been Spice Valley occupies the extreme southwest corner of the county and is due north of the Northwest Township in Orange Co. The parcel of Fitch land can be seen in section 14 at the very bottom of the map in Figure 17 from the late 1860s. Comparing this map with a modern satellite photo indicates that almost the entirety of the township is currently woodland.

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[16] A section was a square mile, 640 acres. Thus, a quarter section was 160 acres. -----’s purchase was described as the “Southeast quarter of the Southeast Quarter of section 4, Township 2, north of Range 2, 40 acres in section 4.

[17] Deed research will be necessary to see how Thomas disposed of this land.

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Thomas Fitch Land, Spice Valley Township, Late 1860s[18]

Apart from Sarah Fitch, all those who were not Thomas’ and Mary’s children departed or perhaps died. Thomas’s financial condition improved dramatically over the decade. He claimed $5,000 of real estate and $2,000 as his personal estate.[19] How this was accomplished is not certain and, as will be seen, is at odds with his lack of wealth just 15 years later. During the decade, he left the trade of blacksmithing and turned to farming.

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[18] Image per the Indiana State Library https://cdm16066.contentdm.oclc.org/digital/collection/p15078coll8/id/4008. The Figure is of the lower part of the Spice Valley Township. The link will bring up the full image. Note the small, two-digit numbers appearing at regular intervals. These are section numbers. This map, from late 1869, shows Thomas Fitch's lands only in Section 43.

[19] A review of surrounding census pages indicates that Thomas is one of the wealthiest individuals in the immediate vicinity. As will be seen, Thomas, like many farmers, was land-rich and cash-poor. 

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Lawrence Co., IN[20]

The 1860 agricultural census provides some insight into Thomas’ farm and its productivity. Having only recently made the transition from blacksmith to farmer, one would not expect exceptional productivity. This data was also reviewed for insights into the dramatic rise in his net worth as deduced from the population census data mentioned above. Thomas appeared in the non-population census in the Bryantsville Post Office District of the Spice Valley Township.[21] He had 200 acres under cultivation and another 600 acres of unimproved land. The farm was valued at $5,000. Thomas owned $100 worth of farm implements, one horse, two mules, three milk cows, four other cattle, and 40 hogs. The livestock were valued at $1,185. Over the last year, the farm had produced 230 bushels of wheat and 750 bushels of corn. The second page of Thomas's responses appears not to have been filmed. This is frustrating as the data presented on the first page of his responses does not seem to justify the high value of its appraisal. It may be that its value comes from the standing timber on the 600 acres not in cultivation rather than from its farming potential. The region was known for its timber reserves. Thomas’ son-in-law, Joseph C. Wilson, worked as a teamster in that industry. Compared to surrounding farms, Thomas’ was quite large but had little livestock and somewhat typical productivity of wheat and corn. As noted earlier, Thomas seems land rich and cash poor.

Sometime between the birth of Barbara Alice in 1863 and the end of the decade, Mary died. She had been born in about 1824 and thus was 39 when Barbara was born. At some point, with five children still under 16 at the end of the decade, Thomas remarried. His new bride, Ann, had been born in about 1830 and was also an NC native.

The first of Thomas’ children to leave home would do so in 1868 when 21-year-old Isabelle married 19-year-old Joseph C. Wilson. They soon moved a short distance to the northwest to Martin Co., IN.

1870s

Thomas turned 60 in the year 1870. The Federal census taken that year noted that his personal estate was valued at $7,500. Nine of his ten children are still at home. The oldest was James A., now 24. 

[20] Image per Wikipedia.

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[21] U.S., Selected Federal Census Non-Population Schedules, 1850-1880, 1860 data, Lawrence Co., IN, Spice Valley Township, Bryantsville Post Office District, page 31

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The youngest was Barbara, 7. As only two of the children were boys, much of the farm labor still fell to Thomas.

Thomas appeared in the 1870 agricultural census in the Huron Post Office District of the Spice Valley Township. He had 200 acres under cultivation and another 600 acres of unimproved land. The farm was valued at $7,500. Thomas owned $150 worth of farm implements, six horses, three milk cows, and one other cow. The livestock were valued at $400. Over the last year, the farm produced 100 bushels of wheat, 300 bushels of corn, eight pounds of wool, and had slaughtered $50 of livestock. The total estimated value of all farm production was $75.[22] When compared to surrounding farms, their output was quite low.

In January 1875, a serious sign of Thomas’ decline appeared in the public record. That year, the Lawrence Gazette, a Bedford, IN weekly, printed a large list of residents who were delinquent on their taxes. Thomas appeared on the list as responsible for two tracts of land. One tract was 160 acres (valued at $540, with $180 worth of improvements for a $720 total). The other tract contained 80 acres, but with no improvements (valued at $540). The total delinquent tax bill for the properties was $29.38. The notice carried with it the warning that the taxes must be promptly paid, or the properties would be sold at auction on the Courthouse steps in Bedford on the second Monday in February.[23] As will be seen below, these were not the only outstanding taxes owed by Thomas.

Thomas died in 1875 in Lawrence Co., IN, most likely in August or September.[24]  On October 8, 1875, the Administrator of Thomas’ estate, David E. Burton, came before the Court noting that Thomas had died intestate. He observed that the personal assets of the estate amounted to about $15, clearly insufficient to resolve debts that had thus far come to his attention in the amount of $500. Burton noted that Thomas had been the ‘owner in fee’ (i.e., absolute owner) of the southwest quarter of section 14. A section was one square mile (640 acres), so a quarter section was 160 acres. Burton had determined that the probable value of the subject land was $500.

He noted that Thomas was survived by his second wife, Anna, by whom he had had no children. Anna had a life estate on one-third of the subject land. Burton named the other surviving heirs as follows: James Fitch, age 30, Franky Fitch, age 27, William Fitch, age 26, Martha Fitch, age 24, Susan Fitch, age 22, Elizabeth Fitch, age 20, Mary Jane Fitch, age 18, Barbara Alice Fitch, age 15, and the unknown children of his deceased daughters, Mrs. Joseph Wilson and Mrs. Alexander Edwards, whose names and ages Burton did not know.

Burton then petitioned the Court to order a public sale of the remaining two-thirds of the land. The Court noted that Burton had followed the conventional process of advertising the sale in a local paper for three consecutive weeks. The paper chosen was the Mitchell Commercial, a weekly.[25] Burton also posted notices in three places in the township (Spice Valley) where the sale would take place

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[22] U.S., Selected Federal Census Non-Population Schedules, 1850-1880, 1870 data, Lawrence Co., IN, Spice Valley Township, Huron Post Office District, page 51-52.

[23] Lawrence Gazette, Bedford, IN, Jan 21, 1875, page 6

[24] Indiana, U.S., Wills and Probate Records, 1798-1999, Lawrence Co., Probate Order Book, Vol K, 1875-1877, Monday, October 4, 1875, page 40.

[25] The Mitchell Commercial, November 25, 1875, page 3. “Notice of Sale of Real Estate, State of Indiana, Lawrence County, Notice is hereby given that David E. Burton, Administrator of the Estate of Thomas Fitch, deceased, his personal estate being insufficient to pay his debts, at that said ???? will be heard at the next term of the circuit court of said county. Witness my hand this 8^th day of Oct., 1875. John M. Stalker, Clerk”

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and obtained an appraisal of the land to be sold. The appraisal came in at $320. Because of the sale, Burton was required to increase his bond to $800.

In further action, the Court took note of the heirs of Thomas who were minors. These included Elizabeth, Mary Jane, Barbara Alice, and the unknown heirs of Mrs. Joseph Wilson. To ensure that their rights were protected, the Court appointed Newton Crooke, attorney, as their Guardian. After receiving the Guardian’s report on the matter, the Court determined that it was proper to proceed with the sale. Administrator Burton was directed to return with a report of the sale.[26]

Burton returned to the Court in March of 1876 to provide his report of the previously authorized public sale. He confirmed that the Court stipulations for public notice had been satisfied. The sale took place on the property on January 29, 1876, at 2 pm. Local resident James Hostetler was the highest bidder at $300. This satisfied the Court-mandated minimum of no less than two-thirds of the appraised. Hostetler provided the necessary down payment and provided secured notes for the remaining installment payments. The Court directed Burton to prepare the appropriate deed and closed the matter of disposition of the land.[27]

Burton had been scheduled for a return to Court during the March 1877 term with his final financial report. However, he must not have been ready, for on Monday, March 19^th, the Court rescheduled his appearance to the October 1877 term.[28]

The next related Court action was unexpected. It appears that some dispute arose between the widow, Ann Fitch, and Thomas’ estate. As a result, Ann had gotten on the docket of the June term for 1877 to file her claim. However, when the day came, the Clerk noted that the matter was dismissed for ‘want of prosecution’. It is assumed that the parties had reached an amicable settlement out of Court.[29]

Administrator Burton returned to the Court on Monday, February 18, 1878, to provide an accounting of the estate's solvency following the public sale of former Fitch lands in January of 1876. The estate assets were as follows:

·         proceeds from the land sale - $300.00

·         received from William McCurdy – $38.58

·         received from William Carpenter - $7.00

Thus, the estate had $345.58 on hand. Burton next outlined the outstanding debts:

·         Riley Isenniger - $49.55

·         Orange Co. taxes - $49.55

·         David F. Snow - $2.00

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[26] Indiana, U.S., Wills and Probate Records, 1798-1999, Lawrence Co., Probate Order Book, Vol. K, 1875-1877, Tuesday, December 21, 1875, pages 151-152.

[27] Indiana, U.S., Wills and Probate Records, 1798-1999, Lawrence Co., Probate Order Book, Vol. K, 1875-1877, Wednesday, March 8, 1876, pages 236-237.

[28] Indiana, U.S., Wills and Probate Records, 1798-1999, Lawrence Co., Probate Order Book, Vol. L, 1877-1878, Monday, March 19, 1877, page 44..

[29] Indiana, U.S., Wills and Probate Records, 1798-1999, Lawrence Co., Probate Order Book, Vol L, 1877-1878, Sunday, June 30, 1877, page 178.

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·         W. H. Edwards, Printer - $8.00

·         Lawrence Co taxes - $14.33

·         Lawrence Co. taxes - $16.00[30]

·         John Riley, attorney - $5.00

These accounts, totaling $104.88, had all been paid, leaving a balance of $240.70 due to the estate upon closure. The Court read and approved Burton’s report and continued the matter until the October term of 1878.[31]

Burton appeared before the Court during the October term as directed. Burton summarized the case to this point and noted that he had been directed to provide a deed for James W. Hostetler. Burton noted that James Hostetler had reassigned the deed to Samuel Hostetler. Burton sought and received the Court’s approval to prepare the deed as requested.[32]

Burton’s Final Report was to have been brought to the Court on Friday, November 1878. However, for reasons not stated, the Court acknowledged the case and declared that it was continued.[33]

On Monday, March 3, 1879, Administrator Burton came to provide a report of the final settlement of the estate. Burton began with $240.70 as determined by his prior report. To this, he added $10, having received $10 from Ransom Tinsley. This brought the estate assets to $250.70. The Court then extracted its fees and costs as follows:

·         Court clerk costs - $10.00

·         John Riley, Attorney – $25.00

·         Administrator services - $30.00

This left a balance of $172.50. As there still remained Claims in excess of this balance, the estate was deemed insolvent. The Court declared that all such claims would be paid pro rata as follows:

Claimant	Original Claim	Pro rata payment
Francis Edwards	$72.81	$18,25
Alexander Edwards	$141.25	$35.42
JM & JW Pritchett	$28.17	$9.55
J. V. Coulter	$32.90	$8.25
John Elliott	$5.00	$1.23
Jesse Beasley (Riley Rurly, Admin)	$54.92	$13.85
Ann Fitch	$353.00	$88.65
Total	$698.05	$175.20

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[30] Thomas seemingly had trouble paying his taxes, with three assessments appearing in this list. An earlier footnote from a Lexington Gazette article detailed his outstanding tax liabilities on the very land that got his estate out of debt.

[31] Indiana, U.S., Wills and Probate Records, 1798-1999, Lawrence Co., Probate Order Book, Vol. L, 1877-1878, Monday, February 18, 1878, page 300. The Clerk recorded Thomas’ name as ‘Thomas E.’ I have not seen this elsewhere.

[32] Indiana, U.S., Wills and Probate Records, 1798-1999, Lawrence Co., Probate Order Book, Vol. L, 1877-1878, Tuesday, October 29, 1878, pages 577-578.

[33] Indiana, U.S., Wills and Probate Records, 1798-1999, Lawrence Co., Probate Order Book, Vol. L, 1877-1878, Friday, November 1, 1878, page 584.

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The actual disbursement of funds occurred the following month. With that, Thomas’ estate was settled and closed.[34]

1880s

After Thomas’ death, Ann Fitch remained in Lawrence Co. The 1880 census found the 56-year-old widow keeping house in the Spice Valley Township. She had two granddaughters living with her, 13-year-old Ida Edwards and 10-year-old Lora Edwards, and one stepson, William, 31. William. William worked in a spoke factory. Nearby (on the same page) was her stepdaughter Nancy, her husband, Joseph C. Wilson (a teamster), and five children. The oldest three belong to Joseph and her late sister, Isabelle, while the two youngest are her own with Joseph. Aside from these individuals, no other Fitch family members were readily identifiable in the Township. Ann Fitch does not appear to have her land under commercial cultivation, as her farm did not appear in the 1880 non-population census.[35]

End Notes and References

1.    J. E. was probably born no later than 1838.

2. The 1850 Orange Co., IN census, page 483, has an Elizabeth Fitch.
3. The 1850 Jefferson Co., IN census, page 043, has a William H. Fitch.
4. The 1860 Orange Co., IN census has several Fitch families. Elizabeth, 54, James, 26, Mary A. 19, and William, 17 are on page 818. Ellen 6, Tabitah J., 4, and John 2, are on page 818. George S., 29, and Lucinda, 24, are on page 835.
5. Not certain if it’s our man, but a James Fitch owned land in Orange Co and follows: Northwest Township, T3N R2W, Section 32, E1/2SE (the southeast sixteenth of this section, 40 acres, and the one sixteenth just to the north, another 40 acres), May 25, 1841. From Bureau of Land Management Eastern States, General Land Office records on the Orange Co. IN GenWeb. BLM patents record the initial transfer of land titles from the Federal government to individuals. George R. Fitch and Ray Fitch own property due west of James.
6. Need to look at deeds and at civil cases.

 

 

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[34] Indiana, U.S., Wills and Probate Records, 1798-1999, Lawrence Co., Probate Order Book, Vol. M, 1878-1880, Monday, March 3, 1879, pages 71-72.

[35] According to the National Archives, not every farm was included in these schedules. In 1850, for example, small farms that produced less than $100 worth of products annually were not included. By 1870, farms of less than three acres or farms that produced less than $500 worth of products were not included. If Ann Fitch retained the property that she was awarded by the probate Court, it would have met the size requirements for inclusion in the 1880s. However, as no one in the household was pursuing farming, it would not have met the productivity criterion.