Darby was born in Ireland in 1673. Darby died in Kent County, Maryland, on April 3, 1736; he was 63. Occupation: Farmer




НазваниеDarby was born in Ireland in 1673. Darby died in Kent County, Maryland, on April 3, 1736; he was 63. Occupation: Farmer
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_____________these presents that we John Shawhan & Wm McCune ______ bound to his Excellency the Governor of Kentucke in full Sum of £ 50 ________payment we bind ourselves our heirs Exors & admrs jointly & Severally firmly by these presents Sealed with our Seals & Dated the 24 day of October 1793.


The condition of the above obligation is such that whereas Thomas Reed co clk of Bourbon hath this day issued Licence [sic] for the Marriage of John Shahan [sic] & Margret McCune. Now if there is no lawful cause to obstruct said Marriage or no Damage ______ by means of said Licence [sic] being issued the above to be void.


John Shawhan {Seal}

Wm McCune {Seal}

------


In some of the early deeds of Bourbon County, John spelled his name in the old way, Shaughen, and these deeds show that the McCunes and the Shawhans had adjoining land; "William McCune to John Shaughen, for consideration five shillings and for divers goods caused hereto moving, land on Townsend adjoining land to said McCune, John McClure, heirs of Robert Bell, and heirs of Daniel Shaughen, containing 38 acres. December 20, 1802."11 And again in “William McCune to John McClure in consideration of 42 pounds, deeds 33 acres in Bourbon County, Ky., bounded by lines of John Shaughen's line and Jos. Ren's line, January 22, 1807.”12


The census of 1810 reports John Shawhan as having three boys and two daughters under 10, two children from 10-16, two family members from 26-45, and one family member 45 and up. It is presumed from this that his mother was with him at this time and either a sister or sister-in-law.13


John Shawhan was a large man with a tendency to be blonde; his personality such that he had followers of uncommon intelligence. He was a member of the Older Stoner Mouth Presbyterian Church and was one of the five men denounced from the pulpit by their pastor, Rev. Samuel Reynolds (Rannels), for attending the revival of the Rev. Barton Stone at Cane Ridge in 1801 when the Christian Church was formed. A camp meeting was afterward held on John Shawhan's farm about 1818, and from the converts of that camp the present Mt. Carmel Church was formed. (Perrin's History of Bourbon, Scott, Harrison and Nicholas County, Kentucky--1882).14


John Shawhan died April 5, 1845, and his will was dated March 7th and proved April 7, 1845. His wife Margaret "Peggy" Shawhan died March 24, 1857, and her will is dated March 29, 1855 and was probated on April 6, 1857. Among others she mentions her daughter Margaret Reading (married to William Reading mentioned in the fifth generation), the name spelled in error by the clerk as Redding.14


Will of John Shawhan, Paris, Bourbon County, Kentucky15


"In the name of God Amen, I, John Shawhan of the County of Bourbon and State of Kentucky, do make, ordain and declare this my last will and testament.


"Item 1st--When life is no more with me I commend my sole (sic) to Almighty God that gave it and my body to be decently buried.


"2nd--After my Decease I wish all debts to be punctually paid.


"3rd--After the payment of my debts, I wish all my property to be kept together during wife Margaret Shawhan's natural lifetime and I wish her to have the benefit of the hole (sic) of my land and negroes and all personal estate, as long as she remains my widow. If she should ever marry again, she is then in that case, restricted to her thirds during her lifetime and at her death, it is my wish that my son Daniel Shawhan shall have the preference of buying my place that I now live on, thought to be 180 acres, at a fair price and I wish him to have five annual payments on it, and I desire it shall not be put at Public Auction without it is Daniel's wish to have it done, I just wish him to have it at a fair price and to make the thing more plain, I here give my reason for wishing him to have it. I don't wish it to go out of the family and thinking from the present prospect of things at this time he will be better prepared, to buy it than any of my other children and at or after my wife Margaret's death, I wish all negroes and whatever be of my personal estate and the proceeds of the land, equally divided among all my children. Daniel to have an equal part with all the rest of the children of the hole estate, real and personal and furthermore I wish it understood that whereas I have paid a considerable amount of money for my son Joseph Shawhan to Noah Spears, Hugh (initial) Brent, Calip Morris and Joseph Shawhan, Guardian for Mays (may be “Ways”) heirs, and other small debts to dependent persons, which will show on my books, also the notes with what I have applied, where he was principal and I was security with all the interest up so paid by me, I furthermore state that he must account for the above mentioned debts and money paid by me for him on said debts further than up to the time that I paid the debts which will show on the Book and if he should fall behind with my estate and the business is entirely round up, I don't want my Executor or any of the rest of my heirs to compel him to pay anything back to the estate.


"Furthermore it is my wish and desire that if any of my negroes should become turbulent or ungovernable in the family that my Executor shall sell such negro for the best price that can obtain for it or them and account for the money with interest therein or the estate as above mentioned.


"Furthermore I wish and desire my daughter Susan Allison to have my home here with her Mother in the same way she has heretofore with me as long as she remain single, free of any charge.


"Furthermore I wish my Executor to finish a wall that I have begun around the Graveyard and it is my wish and desire that in all sales, transfers, or change of hands or property, the said Graveyard shall be reserved from Sale or from any other use other than a burying ground.


"Furthermore and lastly, I appoint my son Daniel Shawhan, my Executor of this my last will and testament, Given under my hand and seal this 7th day of Mar 1845."


--John Shawhan


Attest:

Joseph Shawhan


P.B. Furthermore on reflection I have thought it proper to name in addition to the above that it is my wish as I have full confidence in my son Daniel, that he shall not be bound to give security on the administration on my estate this haveing (sic) always for sometime back been my intention but omitted letting it until it was closed but thought of it immediately afterwards, And it is my wish and desire, that it shall have the same affect annext here below as if it was in the above body of my will I also have set my hand and seal this 7th March 1845. John Shawhan (seal)

attest

Joseph Shawhan, Sr.

Sam,l Ewalt


At the April term of the County Court of Bourbon County Kentucky on the seventh day of April 1845 this last will and testament of John Shawhan Deceased was produced and proved in open court by the oaths of Joseph Shawhan, Sr. and Sam,l Ewalt the subscribing witnesses thereto is ordered to record, ______Thomas P. Smith Clerk of said Court the date above.

Tho. P. Smith clk

J. M. Smith (?)


Both John and Margaret (McCune) Shawhan are buried on the farm of Tom Hollandon, the Cynthiana-Paris Road, Bourbon County, Kentucky. The gravestone reads: JOHN SHAWHAN born Hampshire Co. Va. Oct. 23, 1771 came to Ky. 1789 died April 5, 1845. Wife PEGGY McCUNE born May 20, 1776 died March 24, 1857.16


Bourbon County Circuit Court File Suit #733: Office of Circuit Clerk, Bourbon County, Ky.


Jos. Pugh Hrs. vs. John Shawhan-File Box 733- One William Pugh would show a certain. William Miller obtained a patent for 300 acres In Bourbon county located on Townsend, sold to Wm. Hoy the whole tract with other lands and executed bond to convey the land, said Hoy then sold 330 acres to Reubin Rankin, Robert Bell and Joseph Pugh and executed bond to convey the title–about 1788 Rankin, Bell and Pugh made friendly partitions for said 330 acres among themselves by metes and bounds. Rankin's portion was 130 acres and Pugh and Bell about the same; about the same-time they returned upon their land said Rankin sold to Daniel Shawhan his 130 acres allotted to him in the partition and executed bond to convey title. Daniel Shawhan immediately settled upon the 130 acres made valuable and lasting improvements and resided thereon until his death 1791, that said Daniel departed this life Intestate leaving the said land to descend to his children of whom there were seven In number, whose names were, John, Joseph, Daniel, Robert and Nancy, who has since married Isaac Williams, Jane who has married Wm. Beckett, and Elizabeth who has married Eli Robinson; said decedent left his wife, Margaret Shawhan a widow who obtained letters, of administration upon his estate. Daniel Shawhan, during his lifetime, did not obtain a deed for said land from Rankin, the widow and children continued to reside upon said land for 10 or 12 years and during that time made improvements, particularly by way of clearing and enclosing the lands that about 12 years after the death of said Shawhan, the widow and all the children except John Shawhan and Joseph Shawhan removed from the said land and never returned to the said land, that during that times say about 1800, the said John Shawhan without the knowledge of his brothers and sisters, except Joseph who not long thereafter removed from the land, obtained from Wm Miller a deed in his own name without including the heirs of said Daniel Shawhan, the said John Shawhan paid said Miller upwards of $19, for the title said Miller pretending that the sum was due his from said Hoy. Said John Shawhan applied to said Rankin and demanded from him the sum and obtained it, that since said Joseph Shawhan removed from said Land, the said John Shawhan has occupied said land and there has never been a partition of said land among the heirs of Daniel Shawhan. The orator (Pugh) on July 131, 1822 purchased from said Eli Robinson and wife, Elizabeth, their undivided seventh part, orator prays that the widow, John, Joseph, Daniel, Robert, Isaac Williams and Nancy and Wm. Beckett and Jane be made defendants to this bill and prays that John Shawhan answer how many acres of cleared land and cultivated land in said tract, asks that each be allotted his portion and that he, orator, be allotted the Robinson and wife portion. Suit filed Sept 7, 1822.


Later the orator obtained from Isaac Williams and wife, a deed for their Interest.


ANSWER OF JOHN SHAWHAN -

States the original bond of said Rankin to his father, Daniel Shawhan deceased, was dated Aug. 1789 and is in his possession, that his father built a house when he took possession of the land, which he supposed to be on the said tract but when the lines were drawn was found to be on Bell's part, and not on his father's, said Daniel's part, and at his father's death there was no more than six to ten acres, but that Daniel Shawhan an elder brother of the Respondent, who was married, was settled by his fathers Daniel, on another part of the land and had built a cabin and had commenced to reside there for some years; his father left no will, that his rights in said land under the Bond descended among his 7 children as named; that after his father's death his mother, himself, his two younger sisters, Jane and Elizabeth, and his youngest brother, Joseph then about 9 years old, remained for some years, living together on the improvement of their father, the eldest brother, Robert and eldest sister Nancy, having never removed from Pennsylvania and Daniel the second son, having built a house for himself, the Respondent then about 18 years of age expended his labor for some years and he was the only one capable of performing man's labor in the support of his mother, sisters and young brother, and in extending as fast as he could the little clearing about the house and making improvements, the fruit of his own toil, he should not now, after 30 years, be called on to pay those whom his industry then contributed to support or what is worse to one who has thrust himself into these family affairs for the sole purpose of making mischief; there were no improvements made on said 130 acres after his father's death except by Daniel and himself, the family lived together until the two girls were married and went away and the land was divided between the Respondent, his mother and Joseph; after living together for some time, the tract being too small to divide between all seven, some living at a distance and others looking forward to removals, there was a general willingness and understanding that the Respondent should acquire and own the whole, he did desire to become the owner but would have abhored the idea of becoming so by any means unjust toward three of those he had for years stood in the place of a father; that as early as 1796 the Respondent purchased his brother's share of the land and paid him and received a writing of conveyance, that all the heirs were willing for him to have the land, in 1799, on July 22, which year his sister who had married Eli Robinson, together with her husband executed a writing to him evidencing a sale for her right, he paid part and gave a note for part which note was never presented. He has always considered the bond and the interest of his coheirs therein as the basis of his claim. He has paid from time to time toward satisfying his coheirs for their interests large sums of money he commenced acquiring them as he has shown, before he received the deed, and he went on paying then after he had the deed, that Wm. Miller said he would never convey the tract until he received amount of £19.10, that the deed was not procured without consent of the coheirs living near, he then entered into a contract with his sister, Jane, for her interest under writing dated July 1809. Shortly after, or about this date, the contract with Jane, Elizabeth being married and removed and Joseph being of age, Joseph and his mother determined to separate from the Respondent and live together and they moved to the improvement before mentioned as being made by Daniel Shawhan (brother) on the same tract and a division was agreed upon when Joseph, being the youngest, took for himself and mother 50 acres and there they continued (except his mother who removed to reside with one of her daughters) until about 1814 then the Respondent purchased from said Joseph the 50 acres, with improvement, gave him $800 and took a horse for the sun he had paid for the title. Robert Shawhan and Nancy Williams, the eldest brother and sister having married and settled before his father moved from Pennsylvania, were frequently heard from, it was supposed that, having already received from their father, in Pennsylvania, they would not claim any of the land in this State; that they knew of his father's death soon after happened and made no wish to claim it, that Robert came on a visit to Ky. and was fully informed and was satisfied with what he had received, that Nancy Williams also came and was made acquainted and she wanted no part of the land but wanted something from the Respondent as as compensation and the Respondent made over the balance due on the bond in Pennsylvania in the hands of Robert from-Plummer to his father. The Respondent can not believe that the disposition to pry into the family affairs and disturb the harmony of families, this attempt to discover and take advantage of informalities in the family divisions and transfers of property the result of that confidence and affection which should subsist in all families--etc. Deposition of Elizabeth Pugh Nov. 16, 1826-in suit in which Wm. Pugh Chiles is now complt. (Pugh being dead) and John Shawhan and other defts. "deposeth" that Daniel Shawhan, father of John, settled upon the plantation where John resides about 1789 under a contract with Reubin Rankin for 130 acres. Question: Were you acquainted with the family? Answer: I was. Robert was the eldest, Daniel, John, Nancy who married Isaac Williams, Jane who married Wm. Beckett, Betsy (or Elizabeth who married Eli Robinson, and Joseph Shawhan. She states she believes Betsy was not yet 21 when she married. Deposition of John Tucker–states he recalls the contract was made about 1788, 1789. Deed filed from Isaac Williams and wife, Nancy, of Alleghany Co. Penn. to Wm. Pugh of Bourbon, consideration of $75.00 all interest in one seventh part of tract of 130 acres where John Shawhan resides, where Daniel formerly resided until his death. Recorded Alleghany Co. Penn. Sept. 1822. State of Indiana, Clark County Oct 9, 1827. Deposition of Jane Beckett states she was present in the year 1797 at the purchase made by John Shawhan of Eli Robinson of a tract in Bourbon where John Shawhan resides which was purchased by Daniel Shawhan of Reubin Rankin, it being one seventh part of the tract. Deposition of Margaret Shawhan taken at Clark County, Indiana, states she in a subscribing witness to two instruments in writing July 22, 1799 and subscribed with names Eli Robinson and Elizabeth and witnessed by self and Joseph Shawhan, the second subscribed by Eli alone, and she saw them both sign. (NOTE: Both tbese old notes enclosed in record) This deposition of Margaret made Oct. 9, 1827. Copy of deed July 17, 1822–Eli Robinson and wife, Elizabeth, late Elizabeth Shawhan dau. of Daniel Shawhan, deceased. Copy of deed from Wm Miller to John Shawhan. Copy of Wm Pugh's will or a portion of it, showing he left his claim on John Shawhan's land to his nephew Wm Chiles. Dec 1823. Jane Beckett's deposition in Clark Co. Ind. July 25, 1829, states her brother, John Shawhan, was about 20 years old at the time of her father's death, and was acknowledged as the sole head of the family, that he cleared the ground and raised the crops for their support while the rest of the family advanced in years, "the conclusion of it all was the land was too small to divide and my brother, John, then commenced purchasing the interest of the other heirs, he purchased my brother Daniel's part, then Miller came and the acting head of the house was to effect a compromise and take a deed. My mother frequently heard from brother, Robert, never looked for nor wished a share. John purchased my interest, and a year later my sister Agnes' (Nancy) who had married a Miller came to Ky. and I heard my sister say John arranged with her, then John sold Joseph part he had bought of my brother, Daniel, and no deeds were ever executed, all were of the opinion that the deed from Miller was sufficient to secure my brother John." Deposition of Wm Beckett taken July 1829. Deposition of Joseph Shawhan Oct. 31, 1827. These two contain nothing more of value, both in behalf of John Shawhan. Deposition - states Margaret Shawhan, the family moved to Kentucky in 1789. "I returned to Pennsylvania with my daughter, Nancy, when she returned home from her visit and she was satisfied." Deposition of Daniel Shawhan and wife Mary, Rush Co. Ind. Aug lst 1829, sold his interest to John. The foregoing notes cover all of importance contained in this suit which is listed "Jos. Pugh's Hrs, but should be Wm Pugh Hrs., mistake in index only.
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