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Heirs of John Shay of Belmont County

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Contents

THE HEIRS OF JOHN SHAY OF BELMONT COUNTY

INTRODUCTION

John Shay migrated to Belmont County, Ohio, shortly after that area was opened to settlement. He is identified as "of Belmont County" as early as 1808. He died intestate in 1826, and the probate litigation relating to the two tracts of land he acquired in Belmont County before his death allow a conclusive identification of his surviving widow and ten children. Although these records are referred to piecemeal in old Rootsweb posts and other online platforms, most of those secondary sources do not provide useful citations to the original records on which they are based, and none collect all the records in a single post. The purpose of this page is to provide a comprehensive roadmap to the original probate and related records which identify John's wife and his ten children.

SUMMARY OF THE RELEVANT RECORDS

John Shay Acquires Land in Belmont County (1808-1812)

The Morristown Tract

The first appearance of John Shay in Belmont County, Ohio, is in a deed by which William Chaplin and his wife Mary conveyed to John Shay Lot 77 on the general plat of "Morris Town" on 23 June 1808 (the "Morristown Tract").[1]

The Kirkwood Tract

On 20 August 1812, John Shay acquired a 134-acre tract of land in Belmont County, specifically, the southeast quarter of section 34, township 9, range 6, located in the area which became Kirkwood township ("the Kirkwood Tract").[2]

John Shay appears as the head of his household living in Kirkwood township, Belmont County, in the 1820 census, presumably on the Kirkwood Tract. Appearing immediately adjacent to him in Kirkwood township are the younger households of Abraham Shay and Joseph Hare, who were John’s son and son-in-law, as discussed below.[3]

Probate of John Shay's Estate (1826-1830)

John Shay Dies Intestate

In May 1826, John Shay died intestate. On 27 May 1826, during the May 1826 Term of the Court of Common Pleas for Belmont County, “Barbara Shay, the widow of John Shay late of Belmont County, deceased,” declined administration of John’s estate and the Court appointed John McPherson to serve in this role instead.[4] Letters of Administration were issued to John McPherson on 5 June 1826,[5] and an initial inventory of John Shay’s personal property was filed with the Court on 19 June 1826.[6]

Petition of the Heirs of Jacob Dovenberger to Make a Deed for the Morristown Tract

In February 1827, the heirs of Jacob Dovenberger filed a Petition to Make a Deed with the Belmont County Court of Common Pleas, alleging that on 13 September 1819 John Shay had entered into an agreement with Jacob Dovenberger to convey the Morristown Tract to him, and that Jacob had paid the agreed consideration but the land had not been transferred before John Shay died intestate in May 1826. This matter came on for hearing before the Court on 28 February 1827. The Court found that these allegations were true, and granted the petition, ordering James McPherson, administrator of the estate of John Shay, to make a deed conveying the Morristown Tract to the heirs of Jacob Dovenberger.[7]

The Chancery Court Record copy of the Petition to Make a Deed identifies the "only children at Law" of John Shay as follows: "Israel[?] David Shay, John Shay, Abraham Shay, Catharine now intermarried with Henry Dougherty, Ann Shay now intermarried with Robert McFarland, Elizabeth Shay now intermarried with Aaron Cain, Sarah Shay now intermarried with William Norris, Rebecca Shay intermarried with Joseph Hair, and Mary Shay intermarried with James Wilson."[8]

Although the Chancery Court record seems to name an "Israel David Shay" as one of the heirs of John Shay, this was a scrivener's copying error. The deed conveying the Morristown Tract to the heirs of Jacob Dovenberger on 30 April 1827 makes clear that "Israel David Shay" was a conflation of two different sons, "David" and "Isaac" Shay.[9]

Petition of Robert Armstrong for Partition of the Kirkwood Tract

In March 1827, Robert Armstrong filed a Petition for Partition of the Kirkwood Tract in the probate proceedings relating to the administration of John Shay's estate, naming as defendants the following children of John Shay:

  1. Elizabeth Cain & Iron her husband, of Coshocton County
  2. Ann McFarland and Robert her husband, of Coshocton County
  3. Sarah Norris & William her husband, of Coshocton County
  4. Polly Wilson & James her husband, of Coshocton County
  5. Isaac Shay, of Coshocton County
  6. John Shay, of Coshocton County
  7. Catherine Dougherty & Henry her husband, of Belmont County
  8. Abraham Shay, of Belmont County
  9. Rebecca Hare & Joseph her husband, of Tuscarawas County

All are identified as "issue of and heirs at law of John Shay, deceased." According to the Petition, Robert Armstrong was the assignee of all right, title & interest of David Shay, the tenth heir-at-law of John Shay, whose location is not given in the Petition.[10]

According to an affidavit in the probate proceedings, a notice was published for 40 days beginning 6 March 1827 in the National Historian giving notice to the nine heirs other than David of the pendency of a petition by Robert Armstrong for partition of the Kirkwood Tract.[11] An entry in Ohio Source Records reprinting articles from The Ohio Genealogical Quarterly confirms that this Notice appeared in the Historian & Advertiser in St. Clairsville, Belmont County, on 16 Mar 1827.[12]

The Petition for Partition filed by Robert Armstrong came on for hearing before the Belmont County Court of Common Pleas during the April 1827 Term, on 2 May 1827. The Court granted the Petition and appointed a Committee to determine the method of partition. That inspection occurred on 19 June 1837.[13] On 9 May 1827, the Court issued its Writ of Partition directing the sheriff to escort the Committee to the property to determine the partition method or appraise the property.[14]

On 20 June 1837, the Committee submitted its report, concluding that the property could not be partitioned without spoiling the whole, appraising the value at $500 subject to the dower rights of the widow Barbary Shay, and setting aside a dower portion for the widow.[15]

On 28 August 1827, during the August 1827 Term, the hearing on the Petition for Partition reconvened and the Court accepted the Committee's recommendation. The Court gave Robert Armstrong the option to purchase the property at the appraised value, which Armstrong elected to do. Finally, the Court ordered Armstrong to present securities for payment and continued the matter to the next term of Court.[16]

On 11 March 1828, the Partition matter was reconvened during the March 1828 Term. Robert Armstrong proposed to pay $25.76 in cash and $20 by secured note to each heir, which represented $50 (one-tenth interest of total appraised value of $500) less $4.24 to cover each heir’s share of the court costs, for a total payment of $45.76 each. This sum would be paid to each of the Defendant heirs listed above except for Rebecca Hare and her husband Joseph, who had conveyed their interest in the property to Robert Armstrong in advance of the hearing, apparently pursuant to a separate agreement with him. The Court accepted the Demandant’s payment proposal and ordered the sheriff to execute a deed to Robert Armstrong.[17]

On 15 March 1828, a sheriff’s deed was issued conveying the Kirkwood Tract to Robert Armstrong, subject to widow Barbary Shay’s dower rights and to a lien to secure payment of $20 notes issued to Isaac Shay, John Shay, Iron Cain, Robert McFarland, William Morris, James Wilson, Henry Daugherty, and Abraham Shay.[18]

In the 1830 census, Robert Armstrong appears as the head of his household in Kirkwood Township, near the household of Abraham Shay.[19] Thus he was likely living on the Kirkwood Tract by that time.

Robert Armstrong was still living in Belmont County when he made his will on 9 December 1844, which confirms that he was still living on the Kirkwood Tract at the time the will was made. Robert died within a few weeks after that, and his will was proved in Belmont County on 14 January 1845. In that will, he bequeathed the Kirkwood Tract to his sons James and Washington Armstrong.[20]

Final Settlement of John Shay's Estate

The final settlement of the estate of John Shay was filed with the Court on 14 June 1830.[21]

CONCLUSIONS

John Shay's Widow

Based on the documents and records described above, we can identify the following spouse of John Shay, who survived him when he died intestate in Belmont County before 27 May 1826:

John Shay's Ten Children Identified in the Probate Proceedings

We can also identify the ten children who were named as issue of John Shay in the probate proceedings relating to the Morristown Tract and the Kirkwood Tract:

  1. David Shay
  2. Isaac Shay
  3. John Shay
  4. Elizabeth (Shay) Cain
  5. Ann (Shay) McFarland
  6. Sarah (Shay) Norris
  7. Mary ("Polly") (Shay) Wilson
  8. Catherine (Shay) Daugherty
  9. Abraham Shay
  10. Rebecca (Shay) Hare

SOURCES

  1. ↑ Belmont County Deed Book B, p. 409; image, FamilySearch, (https://www.familysearch.org/ark:/61903/3:1:3QS7-892H-NJ82 : accessed 21 Jul 2023); FHL 875,920, DGS 4,021,717.
  2. ↑ Bureau of Land Management, "Land Patent Search," database with images, General Land Office Records (https://glorecords.blm.gov/search/default.aspx : accessed 19 Jul 2023), John Shay (Belmont County, Ohio), no patent number, accession no. CV-0012-180.
  3. ↑ 1820 U.S. census, Belmont County, Ohio, Kirkwood township, p. 263 (penned), John Shay; image, FamilySearch.org, (https://www.familysearch.org/ark:/61903/3:1:33SQ-GYY1-9WXY : accessed 24 Aug 2019); citing NARA M33, roll 86.
  4. ↑ Belmont County Court of Common Pleas, Journal Book E, p. 113, May 1826 Term; image, FamilySearch, (https://www.familysearch.org/ark:/61903/3:1:3QS7-892C-89MV-9 : accessed 19 Jul 2023); FHL 1,289,466, DGS 4,022,549.
  5. ↑ Belmont County Will Book C, pp. 182-183; image, FamilySearch, (https://www.familysearch.org/ark:/61903/3:1:3QS7-89M2-X9BK : accessed 22 Jul 2023).
  6. ↑ Belmont County Will Book C, pp. 311-315; images, FamilySearch, (https://www.familysearch.org/ark:/61903/3:1:3QS7-L9M2-X9H3 : accessed 19 Jul 2023); FHL 886,934; DGS 4,019,687.
  7. ↑ Belmont County Court of Common Pleas, Journal Book E, p. 195; image, FamilySearch, (https://www.familysearch.org/ark:/61903/3:1:3QS7-892C-89MZ-X : accessed 22 Jul 2023); FHL 1,289,466, DGS 4,022,549.
  8. ↑ Belmont County Court of Common Pleas, Chancery Records Vol. 1, p. 279-280; images, FamilySearch, (https://www.familysearch.org/ark:/61903/3:1:3QS7-L92C-8XHX : accessed 21 Jul 2023); FHL 289,456, DGS 4,022,541.
  9. ↑ Belmont County Deed Book L, pp. 223-224; image, FamilySearch, (https://www.familysearch.org/ark:/61903/3:1:3QSQ-G92H-N9XV-P : accessed 21 Jul 2023); FHL 875,925, DGS 4,021,722.
  10. ↑ Belmont County Court of Common Pleas, Chancery Records Vol. 1, p. 483-489, at 484; image, FamilySearch, (https://www.familysearch.org/ark:/61903/3:1:3QS7-L92C-86BW : accessed 21 Jul 2023); FHL 289,456, DGS 4,022,541.
  11. ↑ Belmont County Court of Common Pleas, Chancery Records Vol. 1, p. 483-489, at 484-485; images, FamilySearch, (https://www.familysearch.org/ark:/61903/3:1:3QS7-L92C-86BW : accessed 21 Jul 223); FHL 289,456, DGS 4,022,541.
  12. ↑ Mayburt Stephenson Riegel, "Items from the Historian and Advertiser, 1927, St. Clairsville, Belmont County, Ohio," Ohio Source Records from The Ohio Genealogical Quarterly, (Baltimore: Genealogical Publishing Co., 1986), 86; images, Ancestry.com (https://www.ancestry.com/discoveryui-content/view/416916:48602 : accessed 24 Jul 2023); Ancestry Sharing Link.
  13. ↑ Belmont County Court of Common Pleas, Chancery Records Vol. 1, p. 483-489, at 485; images, FamilySearch, (https://www.familysearch.org/ark:/61903/3:1:3QS7-L92C-86BW : accessed 21 Jul 2023); FHL 289,456, DGS 4,022,541. Journal entry is at Belmont County Court of Common Pleas, Journal Book E, p. 240, April 1827 Term; image, FamilySearch, (https://www.familysearch.org/ark:/61903/3:1:3QS7-892C-89MH-L : accessed 21 Jul 2023); FHL 1,289,466, DGS 4,022,549.
  14. ↑ Belmont County Court of Common Pleas, Chancery Records Vol. 1, p. 483-489, at 485-487; images, FamilySearch, (https://www.familysearch.org/ark:/61903/3:1:3QS7-L92C-86BW : accessed 21 Jul 2023); FHL 289,456, DGS 4,022,541.
  15. ↑ Belmont County Court of Common Pleas, Chancery Records Vol. 1, p. 483-489, at 487-488; image, FamilySearch, (https://www.familysearch.org/ark:/61903/3:1:3QS7-L92C-86BM : accessed 21 Jul 2023); FHL 289,456, DGS 4,022,541.
  16. ↑ Belmont County Court of Common Pleas, Chancery Records Vol. 1, p. 483-489, at 488-489; image, FamilySearch, (https://www.familysearch.org/ark:/61903/3:1:3QS7-L92C-861D : accessed 21 Jul 2023; FHL 289,456, DGS 4,022,541. The Journal entry is at Belmont County Court of Common Pleas, Journal Book E, p. 302; image, FamilySearch, (https://www.familysearch.org/ark:/61903/3:1:3QS7-892C-89M4-4 : accessed 19 Jul 2023); FHL 1,289,466, DGS 4,022,549.
  17. ↑ Belmont County Court of Common Pleas, Chancery Records Vol. 1, p. 483-489, at 489; image, FamilySearch, (https://www.familysearch.org/ark:/61903/3:1:3QS7-L92C-861D : accessed 21 Jul 2023); FHL 289,456, DGS 4,022,541. The Journal entry is at Belmont County Court of Common Pleas, Journal Book E, pp. 324-325; image, FamilySearch (https://www.familysearch.org/ark:/61903/3:1:3QS7-892C-89M7-8 : accessed 19 Jul 223); FHL 1,289,466, DGS 4,022,549.
  18. ↑ Belmont County Deed Book M, pp. 135-136; images, FamilySearch, (https://www.familysearch.org/ark:/61903/3:1:3QS7-892H-NLKX : accessed 20 Jul 2023); FHL 875,926, DGS 4,021,723.
  19. ↑ 1830 U.S. census, Belmont County, Ohio, Kirkwood township, p. 200 (penned), Abraham Shay & Robert Armstrong; image, FamilySearch, (https://www.familysearch.org/ark:/61903/3:1:33S7-9YB9-FHL : accessed 24 Aug 2019); citing NARA M19, roll 127.
  20. ↑ Belmont County, Ohio, Will Book G, p. 367; image, FamilySearch (https://www.familysearch.org/ark:/61903/3:1:3QSQ-G9M2-XH4P : accessed 19 Jul 2023); FHL 886,936, DGS 4,019,689. See also Belmont County Probate Court File no. 1942, Robert Armstrong; images, FamilySearch (https://www.familysearch.org/ark:/61903/3:1:3QSQ-G9MG-99VK : accessed 19 Jul 2023); FHL 2,115,554, DGS 4,020,266 (images of original will begin at image 2182).
  21. ↑ Belmont County Will Book D, pp. 517-519; image, FamilySearch,(https://www.familysearch.org/ark:/61903/3:1:3QS7-L9M2-6ZYL : accessed 19 Jul 2023); FHL 317,288, DGS 4,019,638).

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