John M Callaway (1798 - 1857)

Born 31 Dec 1798 in Montgomery, North Carolina

Ancestors

Descendants

Died 11 Mar 1857 at age 58 in Badlin, Stanly, North Carolina

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Biography

John M. Callaway was married twice:

• 1) Elizabeth SMITH abt 1820 Montgomery Co., NC

• 2) Lucinthia 'Lucinda' 'Cynthia' INGRAM abt 1837 Montgomery Co., NC

John had 6 children by his first marriage and five by his second marriage.

Sources

• Isaac Callaway:
• 1 Free White Male aged 0 to < 10.
• 2 Free White Males aged 10 to < 16.
• 1 Free White Male aged 45 or over
• 4 Free White Females aged 0 to < 10.
• 1 Free White Female aged 10 to < 16.
• 1 Free White Female aged 26 to < 45.

NOTE: No info remains on the number of Slaves or total household members.. this part of the original census page having been torn off....

• ohn could very well be the male child under age 10.

1810 Census Montgomery Co., NC

• Isaac Callaway (John's father)
• 1 Free White Male aged 0 to > 10 (is this our John ??).
• 1 Free White Male aged 45 or over
• 1 Free White Female aged 10 to < 16
• 1 Free White Female aged 45 or greater
• 2 Slaves
• 6 Total household members.

John is probably the male, age 0-10.

1830-Montgomery Co., North Carolina Census

• John Callaway:
• 2 Free White Males aged 0 to < 5 -(Isaac Freeman, age 2, James F, infant)
• 2 Free White Males aged 5 to < 10 - (Robert S, age 9) (Parham, age 7)
• 1 Free White Male aged 20 to < 30 -John
• 1 Free White Female aged 20 to < 30-Elizabeth (Smith)
• 6 Total household members..

abt 1836-Elizabeth (Smith) Callaway died in Montgomery Co., NC

abt 1837-John Callaway m/2 Lucintha Ingram, d/o George Ingram and Rebecca ?, probably in Montgomery Co., NC. She was born January 21, 1809 and died March 21, 1879.

1843- 'Abstracts of the Minutes of the Court of Pleas and Quarter Sessions of Stanly Co.. 1841-1850', abstracted and edited by Helen Lefler Garner, published 1991 by the Stanly County Genealogical Society, P.O. Box 31, Albermarle, (Stanly Co.), North Carolina 28002.

-November Court of Pleas and Common Sessions 1843 13 Nov. 1843 (Minutes Book 1, Abstract page 29) -James Allen vs. John Callaway

• "- ca.sa. defendant permitted to take oath for relief of honest insolvent debtors, objected to by plaintiff, whereupon issue of fraud made up by plaintiff and rendered for trial, ordered to be transferred to Superior Court for trial."

-November Court of Pleas and Common Sessions 1843 13 Nov. 1843 (Minutes Book 1, Abstract page 29) - State vs Parham Callaway - Bastardy.

• " Parham Callaway and John Callaway acknowledge themselves indebted to State for sum of $200 each to be void if Parham Callaway appears at next term of Court, 2nd Monday in February next to answer a charge of Bastardy against him and abide by decision of said Court and not depart therefrom without leave"

1848 -March 27, Will of father, Robert Smith, -Stanly Co., NC

• "I give and bequeath to the children of my daughter Elizabeth Callaway Decd wife of John Callaway three hundred dollars to be paid by my Executor within two years from my death out of any monies belonging to my Estate not otherwise disposed of to be theirs and at their disposal as they arrive at age forever in what I will my daughter Elizabeth Callaway's children I except her son Robert who now resides in the West, it is my will and wish that he shall (have) nothing of my Estate"

• This PROVES that Elizabeth, d/o Robert Smith, was deceased BEFORE March 27, 1848 and she had SEVERAL GROWN children at this time.

1848- 'Abstracts of the Minutes of the Court of Pleas and Quarter Sessions of Stanly Co.. 1841-1850', abstracted and edited by Helen Lefler Garner, published 1991 by the Stanly County Genealogical Society, P.O. Box 31, Albermarle, (Stanly Co.), North Carolina 28002.

-May Court of Pleas and Common Sessions held at Albermarle beginning May 8, 1848

• "Ordered that fines imposed on John Callaway and Jacob Shoffner who were summoned as jurors to last term of Court and failed to appear be remitted. (Minutes Book 2 - Page 45 in records, page 87 in the Abstracts book)

NOTE: Not positive if this is this John or not.

-November Court of Pleas and Common Sessions 1848 ( Minutes Book 2, Abstract page 97)

"John Callaway, guardian of Isaac F., James E., Eva, and Jno. C. Callaway, orphans of Elizabeth Callaway, decd., bond of $1,000, S. Kirk and A. F. Atkins, securities."

NOTE: This PROVES that these children were still minors by law at this time and were children of Elizabeth.

1850-Stanley Co., NC, Freeman District, page 12B, #177-178, Lines 31-37 (enumerated Aug 3, 1850)
-<http://ftp.rootsweb.com/pub/usgenweb/nc/stanly/census/1850/pg0001a.txt>
-transcribed by Karolyn Hathcock and proofread by Earliene Kaelin
- USGenWeb Census Project, http://www.usgenweb.org/census.

• Callaway John 40 M Farmer 1,500 No Ca
• Callaway Lucinthia 40 F No Ca
• Callaway Isaac 22 M Laborer No Ca
• Callaway James 20 M Laborer No Ca
• Callaway Bea*ety 16 F No Ca
• Callaway John C. 14 M No Ca
• Callaway George W. 10 M No Ca

John's tombstone (see below) shows his date of birth as 1798. After Elizabeth died, John married a woman quite a bit younger than he was.

1857-Tombstone records Stanly County North Carolina, Albemarie N.C. by M. Johnston, 1966 357 pages
-Badin, N.C. Church Cemetery Records ( Originally Ebenezer Church)
-Copied of by Gantt,Vernon Milton on August 30, 1961 Thecemetery is located in Badin Eastern Stanly Co. N. C.

Burial  :Badin Ebenezer Baptist Church, Stanly Co, NC, gives dates which I list

Find a Grave, database and images (https://www.findagrave.com/memorial/22306208/john-m-callaway: accessed 31 January 2023), memorial page for Col John M Callaway (31 Dec 1798–11 Mar 1857), Find a Grave Memorial ID 22306208, citing Badin Baptist Church Cemetery, Badin, Stanly County, North Carolina, USA; Maintained by Donna Carvey (contributor 46930903).

NOTE: There is no photo of an actual marker.

1860-Stanly Co., NC, page 118, #841-854 (enumerated July 14, 1860)

• Cyntha Callaway 42, female, farmer, $1250/1200.
• George,20, male
• Elizabeth, 18, female
• Martha, 2, female.

Cynthia is John's widow from his 2nd marriage.

1870 - Stanly Co., NC, #27

• G.W, Callaway30, white, nale, farmer, $900/300, male citizin of the US of age 21 and upwards.
• Elizabeth, 31, white, female, keeping house.
• Ann, 9, white, female, at home.
• Eugenia, 7, white, female, at home.
• Bertha, 4, white, female, at home.
• Sarah, 1, white, female, at home
• Cinthia, 56, white, female, at home.

Cinthia, John's widow from his 2nd marriage is listed with her son.