Biography of James (William) Moore, Sr
Life Begins in North Carolina:
Little is known of James Moore in North Carolina, possibly in Orange County. In a later Ohio
document, James Moore is noted as William Moore. The assumption is that William was his middle
name. In the book, Main Street Blues, The Decline of Small-town America by Richard O. Davies,
page 23 refers to James as James William Moore. No source reference was provided for this name
however. Assumptions have been made regarding James’ birth year, based on approximate dates of
birth of his children. The birth of his first child can only be approximated to between 1777
and 1780. This would put James’ birth year somewhere around 1749-1760.
James was the son of Samuel Moore who died during the period
January 4, 1803 - February 22, 1803 in Grainger County, TN.
He had an older sister Martha and a niece, probably by an older brother, named Agness. In
Samuel's Will, dated 4 January 1803 Agness is named as the granddaughter who waits upon me.
Agness is not addressed with any caveats such as a last name, it is assumed she is a Moore.
As she is not listed as a minor with a guardian or heir to anyone else, it is assumed she is
over the age of 18, and possibly the daughter of an older male child (since she was mentioned
first in the Will). Martha is addressed second in the Will, and given 50 acres on the east
side of her land. This indicates her land lay to the west of her father. James is given the
remainder of land. James' son Samuel is given the big bible.
James probably married in North Carolina, although no marriage record or marriage bond has been
found yet. Four children were born in an area still known at the time as North Carolina; Martha,
Mary, Samuel and John. It is possible James and family lived in Washington County, NC (which
later became the eastern portion of Tennessee) although others have Orange or Guilford Counties.
According to James’ graves registration card in Preble County, OH, he served as a Lieutenant in
the NC Militia during the Revolutionary War. At the end of the Revolutionary War, James and his
family are found in the newly opened western lands now called Tennessee.
During the Revolutionary War, there was a Samuel Moore living in Guilford County, NC. Whether
this Samuel Moore was the father of James Moore Sr. cannot yet be determined. The following
pension application cites Samuel Moore in Guilford County, NC.
I lived in Chester County, Pennsylvania when I first substituted for Isaiah Scott; secondly, I
was hired by Lieutenant Andrew Boyd as a substitute and served from the same place; for the third
tour, lived in Guilford County, North Carolina when I was drafted; fourth time I substituted for
Samuel Clark and served from the same place; the fifth and last time, I substituted for Samuel
Moore and lived at the same place and continued to live in North Carolina until after the close
of the war, and about 33 years ago removed to Grainger County, Tennessee, where he has since
Pension Application Of Andrew McPheeters, Nat’l Archives Series M804, Roll 1799 Application
Grainger County, Tennessee. Application made August 1832.
Tennessee Land Grant 238, Warrant 856 (
part five), issued
20 September 1789 gave James Moore 130 acres on the north side of the Holston River.
The original warrant was issued to John Armstrong. The document was entered 29 October 1783
in Book 65, page 420. This area was located in what was noted on the Warrant as Greene County.
Tennessee Land Grant 169, Warrant 857 (
issued 20 September 1789 gave James Moore 200 acres of land
on the north side of the Holston River below the mouth of Mossy Creek. The original warrant was
issued to John Armstrong. The document was entered 29 October 1783
in Book 66, page 153. This area was located in what was noted on the Warrant as Greene County.
Tennessee Land Grant #510, Warrant 1332 (
issued 27 January 1793 gave James Moore 382 acres on the
long fork of the Buffalo Creek. The original warrant was issued to Martin Armstrong. The document
was entered 22 November 1783 in Book 79, page 494. This area was located in what was Knox or
Hawkins County from 1787 until 1796, when Grainger County was formed.
From Counties of Tennessee by Austin P. Foster (ISBN:
9780806350615) Baltimore, Md: Reprinted for Clearfield Co. by Genealogical Pub. Co, 1992, on
13 Jun 1796, the county court of Grainger County was first organized. James Moore was appointed by
Governor Sevier to be one of the first Magistrates in the county. At the first meeting held at the
house of Benjamin McCarthy, James was elected to be the first county coroner. The name of James
Moore appears on the first page of the first County Court Minutes Book of Grainger County, where
he is appointed as a Justice of the Peace. And his name appears throughout the book, which covers
the period 1796-1802. One notation in the Minutes Book mentions his being replaced as Coroner for
the County in 1798. This may be when he was appointed Chairman of the County Court, as the
Archives holds a 1798 contract between James Moore, Chairman of the County Court, and Martin
Ashburn for the apprenticeship of an orphan named James Tyler to Ashburn.
In 1802, James’ son, Samuel, married Alice Mendenhall in Grainger, County. Alice was a Quaker,
and her family attended the Quaker meetings at Lost Creek MM. She was disowned for marrying out
of unity. As no former affiliation between the Moores and Mendenhalls can be confirmed prior to
Tennessee, it must be assumed they lived nearby in order for Samuel to meet and marry Alice
Mendenhall. In 1803, James’ son, John, married Elizabeth Galyean, daughter of Thomas and
Margaret (Williams). As was the case with the Mendenhalls, there was no apparent affiliation
between the Moores and Galyeans prior to migration to Tennessee, and again, must be assumed
they lived nearby in order for John to meet and marry Elizabeth Galyean.
In an attempt to place the Moores to a physical location in Grainger County, the following have
to be taken into account:
a. Land Grant 238, Warrant 856 and Land Grant 169, Warrant 857 places James Moore below the mouth
of the Mossy Creek (part of Cherokee Reservoir today, but would have been below current day Wa-Ni Village)
expanding to the north side of the Holston River. These two warrants are issued together.
Land Grant #510, Warrant 1332, places James Moore on the “long fork of Buffalo Creek” on the
north side of the Holston River. These three land grants give us a firm placement of James Moore.
b. Sarah Galyean, the first cousin to Elizabeth Galyean, married Hugh
Gilmore who owned property on the north side of the Holston River at the mouth of Buffalo
Creek (located at Horseshoe Bend of the Holston River
c. There is a William Thompson noted on Buffalo Creek also during this period. It is possible
his daughter or another close relation was the second wife of James.
d. A Mordecai Mendenhall, purchased land in 1814 in Jefferson and Grainger on both sides of
the road leading from Dodson’s Ford to Mossy Creek being part of a 640 acre tract patented
to the State of N.C. to James Mabury, and containing 125 acres. Although this purchase was
in 1814, 10 years after James departed it is assumed Mordecai was already living in the
general area at the time of this land purchase.
e. James Moore was a magistrate for the county court, and later Chairman of the County Court at
f. Samuel Moore's Will, was dated 4 Jan 1803, naming granddaughter Agness, daughter
Martha, James and grandson Samuel. The Will was witnessed by William Arnold.
g. Martha Moore sold acreage, possibly the 50 acres left to her by her father, to
Alexander Thompson, dated 15 Sep 1803
h. James Moore sold 20 acres of land to Peter Cotner, dated 28 Oct 1804. This gives us a
better timeline when James and family migrated to Ohio.
i. Will of James Thompson, witnessed by James and John Moore, was dated 10 August 1805.
This gives us a timeline when James and family migrated to Ohio.
It must be assumed from the above that James’ 382 acres, as noted in Land Grant #510, Warrant 1332,
was possibly located south-southeast of Tampico; the 200 acres identified in Land Grant 169, Warrant
857 depicts the bend of the Holston River in the area where current day Highway 92 crosses the river
into Jefferson County. It is possible Land Grant 238, Warrant 856, ties warrants 857 and 1332
together. Using available land deeds, Wills, and other
court documents, we can now determine some of James Moore's neighbors in Grainger County.
Knowing the location of his land, anyone to the east would probably be in Hawkins and any further
south (on the south side of the Holston River, would be in Jefferson County. Other neighbors
would include a William Arnold, who is mentioned in Samuel's Will as owing him monies, and is a
witness to the Will. William Arnold is also noted as a witness to the land sale from Martha
Moore to Alexander Thompson. Although nothing is known of this William Arnold, it is strongly
suspected he may be a relation of Elizabeth Arnold Galyean, wife of Jacob Galyean, who followed
his cousin, John Galyean, to Tennessee. Jacob and Elizabeth Arnold Galyean's son, John, is also
in the vicinity of James Moore as he also witnessed the same land sale from Martha Moore to
Alexander Thompson. Obviously, due to the sale of land from Martha Moore to Alexander Thompson,
that would put the Thompson's also in the near vicinity of James Moore. Alexander Thompson's
father was James Thompson. James Thompson's Will, dated 10 August 1805, notes his son Alexander;
the Will is witnessed by James and John Moore. John Cotner and his father, Peter, are also in the
vicinity of James. Peter Cotner purchased 20 acres from James Moore for $10.00 on 28 Oct 1804.
Peter's daughter, Catherine (Katherine) married James son William. On the marriage bonds for
Samuel to Alice Mendenhall, and John Moore to Elizabeth Galyean, John Williams and Samuel Williams,
respectively, were the bondsmen. It must be assumed the Williams also lived in the near vicinity
of the Moores. It is unclear if Jonathan and Samuel Williams are related to Elizabeth Galyean
through her mother, Margaret Williams. Also along the Holston River was Jeremiah Chamberlain
If one reviews the approximated birth years of James' children, one would notice a seven year span
between the births of William and Thompson. As James was already in Tennessee at the time of
Thompson’s birth, one might speculate his first wife possibly died in the county. Perhaps within
two or three years, James may have remarried in Hawkins/Grainger or Jefferson County. If the
family used the English style or Scotch/Irish naming traditions, it is possible James’ second
wife’s name was Rhoda or Rachel; her last name was possibly Thompson. This wife probably died
between 1808 and 1814 in Butler County, Ohio. On May 19, 1814, James married Mary Thompson in
Butler County, Ohio. Mary might be either a sister or sister-in-law to the second wife. Her
marriage to James insured rights of inheritance for the children of the second wife. It is
uncertain if Mary Thompson is the same Mary Thompson noted in James Thompson's Will as his wife.
James and Mary Thompson were the parents of Alexander Thompson.
Life in Ohio
It is unclear when James Moore Sr. arrived in Ohio. Historical recounts suggest he came in 1804/1805. Evidence now exists to suggest the time frame was one-two years later around 1806. Documents in Grainger County note dates as late as 1811 with James' name as grantor/grantee or Witness. This individual may, in fact, be James Moore Junior, who may have remained in Tennessee after his father departed. As noted above in the James Thompson Will which was witnessed by James and John Moore. These were possibly the brothers as opposed to the father and son.
In Preble County, James lived in Somers Township, in the village of what was then known as Dover (now Camden OH, where he was a real estate
promoter. He also owned and operated the only store, a combination general store and tavern. It should be noted that only one source has
identified James Moore by his middle name at this time.
In 1818, James Moore, Isaac Sutton, and James Black, petitioned the Preble County Commissioners to establish Dover. The petition included “forty lots located along the Hamilton-Eaton road running through the flat portion of the valley on the west side of the Seven Mile Creek. Their plan included two side streets and four alleys, with the center of the town site located at the spot where the dirt road made a thirty-degree correction to the north. Their petition to the county commissioners specified that the streets were to be “three rods wide” (49.5 feet) and that the lots were to be “four rods in front extending back eight rods” (66 X 132 feet). The commissioners approved the petition and the beginnings of what is now Camden, Ohio,
emerged and James Moore became known as one of the founders of Camden
Early federal census records show James and those sons still living in his home and sons, William, Thompson and James Jr., were involved in agriculture, presumably as farmers in Somers Township. James Sr. was also known as a real estate promoter and owner/operator of the combined general store/tavern until his death. James was presumed to be an
educated man and a religious man. In his estate settlement (part
1, part 2,
part 3, part 4, part 5, part 6), items
such as two law books and three volumes of Josephus’s Writings are listed. Flavius Josephus was born in Jerusalem in A.D. 37/38 and became a historian writing principally about the Jewish people up until his death ca. 100. Four of his works are extant: 1) The Jewish War; 2) The Jewish Antiquities; 3) Vita (life) and 4) Against Apion. These works provide us with knowledge of the New Testament era which we otherwise would not possess. In short, Josephus has contributed to our understanding of the social, political, historical (incl. chronological data) and religious backgrounds of the New Testament. It is impossible to determine which three volumes of Josephus’ writings were in James’ possession.
At the time of his death in 1826, his children were identified as Mary (Moore) Sayres (b. 1770-1780, NC, d. before 1829, Miami County, OH), Martha “Patty” (Moore) Ledwell (b. about 1780, NC, d. before 1850, Butler County, OH), Samuel Moore (b. about 1781, NC, d. 11 October 1859, Henry County, IN), John Moore (b. about 1783, NC, d. after 1862, Henry County, IN), James Moore (b. about 1788, Hawkins County, TN, d. before 25 June 1832, Preble County, OH), William (b. about 1789, Hawkins County, TN, d. 1853-1860, possibly Harrison County, MO), Thompson Moore (b. 27 August 1795, Hawkins County, TN, d. 27 October 1864, Henry County, IN), Jesse Moore (b. 1796-1800, Grainger County, TN, d. 1843-1848, possibly Macon County, MO), Anderson Moore (b. 1797-1800, Grainger County, TN, d. unknown, possibly Butler County, OH), Alfred (b. 1804-1812, Preble County, OH, d. unknown), and Wiley (b. about 1808, Preble County, OH, d. before 1870, Miami County, IN, or Mercer County, MO).
James’ land holdings were divided among his wife, Mary, and his descendents. Mary Moore, his wife, received 22.82 acres of land, which included the home, orchard, and all the wood land; Samuel received 1.26 acres which he sold to Samuel Frazier in 1830; the children of
Mary Moore Sayre received 1.26 acres which they sold to their cousin, Harrison Moore in 1838; Thompson Moore received 1.26 acres (no record of sale found to date); Alfred Moore received 1.75 acres which he sold to Alfred Lee; Jesse Moore received 1.75 acres which he sold to Joseph S. Woodward; William Moore received 1.75 acres which he sold to Alfred Lee; James Moore (Jr.) received 1.75 acres (added to additional land holdings); John Moore received 1.75 acres which he sold to his brother-in-law, John, in addition to other acreage; Martha Moore Ledwell received 1.85 acres (no record of sale found); Wiley Moore received 1.9 acres (no record of sale found); and Anderson Moore received 1.95 acres which he sold to his brother-in-law, John Ledwell.
James Moore died between the 16th and the 31st of August 1826 in his home in Somers Township, the village of Camden, Preble County Ohio. This is based on a final land transaction attributed to James and Mary
Moore dated August 15, 1826. According to the graves registration Fcard, James is buried in the Orchard Hill (Old Camden) Cemetery.
In the book History of Preble County, Ohio, H. Z. Williams and Brothers, published in 1881, it is stated that:
1) James More, who may be regarded as the founder of Camden, settled upon its site
(section nine) about 1804 or 1805, and brought up a large family, none of whom, however,
are now in the township. James More died in Camden in 1833” (sic) (James died in 1826;
his son, James Jr. died in 1832) (page 300, paragraph 5).
2) Camden was laid out in the year 1818, the town plat being acknowledged before Squire Isaac
Stephens on July 4th, of that year, under the name of Dover. "William" Moore, one of the
early pioneers of Somers, may be regarded as the founder of the town. He laid out the
greatest part of the plat, the lots west of Main street, while Isaac Sutton laid out those
on the east side, and James Black the northern portion” (page 307, column 1, paragraph 3).
3) Taverns. Ezekiel Barnett (brother of David), kept a tavern where Morris' shoe store now is, in the same house that Place (Ira K.) had originally opened for the entertainment of the wayfarer and stranger. In 1829 there were two other taverns beside this one. At the south end of town there was one kept by James More and at the north end a house
of which Reuben Bennet was the proprietor” (page 311, column 2).
Applications for licenses were continually filed for the tavern/general store until 1833, after the death of James Moore Jr.
Mary Moore, wife of James Moore Sr., removed to Henry County, IN by 1830, and was presumably living with her step-son (nephew?) Thompson. This is later verified in her acknowledgement to relinquishing her dower rights (part 1, part 2, part 3, part 4) to James Moore Sr.’s estate in Preble County, OH, to Joseph Woodward.
Mary Moore married Thomas Sayres,a Quaker, on December 26, 1810, in Preble County. Mary was listed as deceased by 1829. Thomas Sayres was noted on the 1820 Federal Census in Union Township, Miami County, OH. It is presumed that is where she died. Her husband, Thomas, remained in Union Township through 1830, and possibly died there sometime before 1840. At least two of their children, Abigail and Joel were living in Warren County, OH, as late as 1838 when they sold their portion of their mother’s inheritance of land from James Moore Sr. to Harrison Moore. Joel later migrated to Henry County, IN, where he died between 1848 and 1849.
Martha Moore married John,a Quaker, on June 9, 1810, in Butler, County. Martha died before 1850,
probably in Milford Township, Butler County, where her husband remained until his death before 1860. The children of
Martha Moore and John Ledwell remained in Butler County through 1880 with some of the descendents finally moving back to Preble County in the 1900’s.
Samuel Moore married Alice
Mendenhall, a Quaker, on May 25, 1802 in Grainger County, TN, moving to Ohio by 1804. Unlike his siblings, Samuel settled in Clinton County, and helped to build the first cabin where Wilmington now stands. Two years later he removed to Miami County, and lived there during the War of 1812. He was personally acquainted with General William Henry Harrison, and was employed in transporting provisions to the army stationed in the northern part of the state, and was familiar with many of the scenes that transpired during the campaign. He removed to Wayne County in 1816, and resided in the vicinity of Economy nearly forty years. During the 1850-1852, Samuel moved to Grant County. He is noted in Quaker records as the father of Anderson Moore who married Rachel Lee in July 1852 at Back Creek MM in Grant County. Alice Mendenhall Moore is noted as deceased in the Back Creek MM notes. Samuel's Will states "I, Samuel Moore, of Grant County". Samuel apparently moved into Henry County by 1859 as New Castle, Henry County, IN, is where his Will was registered and probated.
John Moore married Elizabeth Galyean on November 23, 1803, in Grainger County, TN, and possibly moved to Ohio with the family. Before 1820, John and family had migrated to Wayne County, IN, and by 1830, to Henry County, IN, where both he and his wife died sometime after 1862. They are buried in the Moore Cemetery in Stony Creek, Henry County, IN. Most of their children are also buried in Moore Cemetery. Of particular note in this family is their daughter, Margaret Jane Moore who married Wilson Brewer on April 6, 1837, in Henry County, IN. After migrating to Howard County, IN, before 1850, Wilson Brewer went on to become on of the founders of what is now Webster City, Iowa. Margaret Jane Moore and Wilson Brewer are both buried in the Brewer Park Cemetery in Webster City, Hamilton County, IA. Although no documentation exists to prove Elizabeth Galyean was the daughter of Thomas and Margaret (Williams) Galyean, strong circumstantial evidence suggests the relationship to be valid. On the 1850 Federal Census, John and Elizabeth Galyean Moore were located on the same page of the census with Margaret Bechtelheimer, Huldah Brewer Galyean, Milo Galyean, and Hannah Galyean Brewer, who are all related to William, son of Thomas and Margaret (Williams) Galyean. Additionally, John and Elizabeth owned a conjoining plat of land next to William Galyean. In the Moore cemetery in Stoney Creek, Henry County, IN, are the graves of John and Elizabeth Moore, William Galyean, and some of the children of both John Moore and William exist.
James Moore Jr. married Sarah Stackhouse, a Quaker, on July 21, 1812, in Butler County, OH. James Moore like his father, was involved in real estate. In 1830, he sold a plot of land to the trustees of the Newcom (previously named Dover) Presbyterian Church for $25.00. James probably assumed the responsibilities of his father’s general store and tavern until his death.
James and his family remained in Preble County. James died before June 25, 1832; he and his wife are presumed to be buried in the Orchard Hill Cemetery (Old Camden Cemetery, Camden, Preble County, OH.
William Moore married Catherine Cotener (Cottner/Cotner)
on November 21, 1810 in Grainger County, TN. This marriage suggests William did not migrate into Ohio with his family, but waited until
after his marriage to do so. To this marriage, at least six children were born during the period 1812 to 1831. Prior to 1830, William and family removed to Henry County, IN, living near his brother John. William purchased 80 acres of land by 1833. Catherine Cotener Moore apparently died before 1845 in Henry County as noted by William’s second marriage to the widow Rachel Adams (nee Brown), a Quaker, on September 13, 1845. William and Rachel sold their land in Henry County, IN, to Jacob Clapper on 25 Nov 1853, for $2,500. Researchers believe they migrated to Harrison County, MO, between 1853 and 1860. William either died along the way or in Harrison County, MO. No Will or estate settlement exists in Harrison County, MO.
Thompson Moore married Alice Seybold,a Quaker, on October 10, 1813, in Preble County, OH. Prior to 1830, Thompson removed to Henry County, IN, settling first in the Stoney Creek area which later became part of Blue River area where he died. In Henry County, Thompson owned and farmed on 80 acres of land which he purchased while living in Preble County, OH. Thompson and his wife are both buried in the Kissinger Cemetery, Blue River Township, Henry County, IN.
Jesse Moore married Martha "Patty" Hammer, a Quaker, on October 20, 1820, in Preble County, OH. While in Preble County, Jesse purchased 80 acres of land in Randolph County, IN, in 1824 and 80 acres in Henry County in 1826. Prior to 1835, Jesse removed to Henry County, IN, and by 1843, removed to Macon County, MO, where he died.
Anderson Moore married Sena Waller, possibly a Quaker, on October 19, 1823, in Butler County, OH. Little information is known about Anderson, other than he was also listed as Andrew in some documents, and he lived near his father-in-law, Ashbell Waller, in Union Township, Butler County, OH. Sena (Waller) Moore is noted in her father’s Will probated in 1848, but no further information can be found. Anderson is known to have had at least one child, a son, born between 1823 and 1825 based on the 1830 Federal Census.
Alfred Moore married Sarah Sawyer, possibly a Quaker, on September 27, 1822, in Butler County, OH. Little is known about Alfred other than he removed to Delaware County, IN, before 1830, and had three children, two sons and a daughter, all born between 1823 and 1830.
Wiley Moore married Hester, a Quaker, on July 3, 1824, in Preble County, OH. Prior to 1830, Wiley removed to Henry County, IN, where he had purchased 80 acres of land. By 1850, he removed to Miami County, IN, where he purchased 80 acres of land, where he remained until at least 1860. Wiley died before 1870, however it is unknown if he died in Miami County, IN, or in Missouri. In 1870, his wife, Hester (" Hetty”) was living in Holt County, MO, in the home of Benjamin Watson. Also living in the home was her son, Anderson and his wife, Lovenia Catherine Showalter Moore, a Quaker.
The Quaker Influence
Throughout the family history from the early 1800’s, the Moore family had a close and continuing relationship with the Society of Friends (Quakers). James Moore was probably a Methodist or possibly even a Quaker at one time; if not, it can safely be assumed that his first wife was a Quaker. His close ties with the Society of Friends Community in Tennessee and Ohio justify this belief. The same relationship existed between his children and the Quaker Community in Tennessee, Ohio, Indiana, and Iowa. What reason existed for him to be separated from the Quakers is not known, but perhaps it could have been because he was condemned for marrying out of unity or due to his military service during the American Revolution. All of James’ children, except his oldest son John, married Quakers. It is known Alice Mendenhall, Sarah Stackhouse, and Alice Seybold were condemned by the Quakers for
marrying out of unity. The relationship with Quakers can also be traced to the next generation.
The Quaker influence may assist in determining the parents of James' parents. It has helped to identify James' father as Samuel. The Old English and Scotch/Irish Naming Traditions indicate the first son, Samuel is named after his father’s father; the second son, John, after the mother’s father; the third son, James is named after his father; the fourth son, William, named after James’ oldest brother; the fifth son, Thompson, named after James’ second oldest brother, or his wife’s oldest Brother. The first daughter, Martha, is named after her mother’s mother; the second daughter, Mary, is named after James’ mother. As dates of birth of these children are only approximated, it is possible the first two daughters are reversed. The order of the male children after William can only be guessed as their births are within a time
period, and not a specified approximate date.
Descendents of James Moore had a brick laid at the Veterans Memorial at the Courthouse in Eaton, Ohio. The paver states:
In Memory of James Moore, Sr.
1749 to 1826
Amer.Rev, NC Militia
A founder of Camden
Resident of Somers
Court Documents in Preble County, OH:
This document is included to identify all the children of James Moore.
Court of Common Pleas, September Term 1829:
No. 4 Plea, at Eaton before the Hon. George B. Holt presiding Judge of the First Judicial Circuit of the State of Ohio and Peter Van Ausdal,
James McCleary, and Samuel Lizzar Esquire Judges, his associates, of this term of September in the year of our Lord One Thousand Eight Hundred and Twenty-nine.
James Moore vs. Alfred Moore and others:
Petition for Partition
Your petitioner James Moore of Preble County humbly represents, that James Moore Sr. Late of said county died intestate in August of the year one thousand eight hundred and twenty six. That your petitioner is the son of one of the heirs at law of said James Moore deceased. That the said Moore deceased, at his death left the following persons his heirs at law, all of whom your petitioner prays may be made defendants to this petition to wit Alfred Moore, Thompson Moore, Samuel Moore, William Moore and John Moore who it is supposed, now living in the State of Indiana, and Jesse Moore, Anderson Moore, Wiley Moore
and Polly, formerly Polly Moore who has intermarried with John Ledwell all of Preble County, Ohio and Thomas Sayre late the husband of Mary Moore who was the daughter of James Moore deceased and who has now also deceased and Abigail Sayre, Joel Sayre, Mary Sayre, Robert Sayre and Elizabeth Sayre all children of the said Mary Sayre the daughter of the said deceased and who is now deceased which said children were all minors, under the age of twenty one years and who also with said Thomas Sayre their father resides in parts unknown to your petitioner. Your petitioner would further represent that said James at his decease left as his widow Mary Moore who your petitioner prays may also be made defendant in this petition. Your petitioner would also further that decedent at his death was seized possessed by good and sufficient title in fee simple of all and singular fifty-seven acres of land, being a part of the south east quarter of Section nine, Township six, Range Two East, situated in the County of Preble, which descended to his heirs at law as tenants in common, encumbered by the dower, or life estate of said Mary his widow. This is except a piece or lot lying and being on the State road leading from yankee Town to Newcom on the west side of the said road, extending eight rods on said road and back to James lot containing about one acre and a half, which was previously to the death of said James deceased, conveyed to HARRISON MOORE. Your petitioner as one of said tenants and heirs prays that the court would cause to be set off in said land said widow a right of dower, and cause partition of the residue to be made according to the statutes in such case made and provided among said heirs, according to their respective rights therein. And your petitioner further prays that your writ of subpoena may issue directed to Jesse Moore, Anderson Moore, Wiley Moore, Polly Ledwell and John her husband and all of Preble County and Mary Moore widow of deceased and the remaining descendants that an order of publication be made. And the petitioner also by his said solicitors exhibited in our said court, our writ of subpoena in the words and of tenor following, to wit: The State of Ohio, Preble County.
To John L. Dickey Esquire Sheriff of said county greetings; We authorize you to summon Jesse Moore, Anderson Moore, Wiley Moore, Polly Ledwell, John her husband if they may be found in your bailiwick to be and appear before the Judge of our common court of pleas at Eaton on the fourteenth day of July next to answer petition in chance to exhibited against them and others by James Moore and this they shall in recoveries omit under the penalty of one thousand dollars and have you then there this writ. Witness the Hon. Joseph H. Crane president of our said court of common pleas at Eaton the 30th day of June in the year of our Lord one thousand and eight hundred and twenty eight.
Jos. C. Hawkins Clerk
July 11 summoneth Jesse Moore; Wiley Moore by reading and Anderson Moore, Polly Ledwell; John her husband by copy.
John L. Dickey Sheriff.
>Cont. Court B
The courts thereupon appointed David Keaton Esquire Guardian for minor heir being named in said petition accepts said appointment and acknowledged notice of pendency of said petition. The court then orders that publication be made according to law as to the said nomindent defendants and that further processes of and concerning said petition be continued to the next term. At which time to wit at Eaton aforesaid before the Judge last aforesaid, on the thirteenth day of October in the year of our Lord one thousand eight hundred and twenty eight come again into our said court of common pleas. The petitioner aforesaid by his solicitor aforesaid and exhibited to said court satisfactory proof that publication had been made of the pendency of said petition according to the law and the aforesaid order of court. The court therefore continued said cause to next term. At which term to wit the twenty third day of February in the year of our Lord one thousand eight hundred and twenty nine, here at Eaton aforesaid, before the Hon. George B. Holt president Judge and Peter Van Ausdal and with James McCleary, Samuel Lizzar Esquire his associate judges of said court comes again into our said court of common pleas the petitioner by his said solicitor. And said cause was continued by the court to next term. At which term to wit the twenty fifth day of May in the year last said here at Eaton aforesaid, before the Judge last aforesaid comes again into court the petitioner aforesaid by his solicitor aforesaid and thereupon the court made their interlocutory decree in words of the tenor following to wit, This cause coming on the bench at this present term, on the petition and exhibits of the demandant, the defendants praying made due notice to the pendancy of said petition and having failed plea answer or decorum thereunto. And the court being satisfied that James Moore Snr. The deceased in said petition named died seized and possessed of fifty seven acres of land being part of the Southeast quarter of section nine, in township six & range two east, situated in the county of Preble, except about one acre and half of lands sold and conveyed by decedent in his lifetime to Harrison Moore a minor, lying on the road leading from Yankeetown to Newcom on the west side of said road, extending eight rods on said road and back with James Moore's lot, as far as said lot runs back, and except also about twelve; a half acres of land, commencing at south west corner of Squire Marsh's tracts of land. Thence south to a tree. Thence east to the grave yard. Thence N. to the NW corner of said graveyard. Thence N. to said Marsh's line. Thence along said line to the place of beginnings, which has been sold previously to decedent’s death, to Anderson Moore. And that the residue after assigning the widow of decedent’s dower therein, ought to be partitioned among the and defendants, heirs at law of decedent. The court therein appoint Ira Parker, Hezekiah Brodbury and David Barnet disinterested freeholders of the vicinity not of kin to the parties, commissioners to make partition of said lands among said heirs according to law, after setting off and assigning said
Mary Moore Widow of decedent’s dower in said land and to make report of their proceedings to the court at the next term. And thereupon continue said cause to the next term, at which time, to wit the fourteenth day of September in the year aforesaid, here at Eaton before the judge and said court again into the court the descendants aforesaid by his said solicitor and exhibited in court our writ of partition regularly issued by the clerk of said court according to law, under date of 10th June 1829 in the records of the term as following to wit, The State of Ohio, Preble County, To the Sheriff of our said county inspecting:
We command you that by the oaths of Ira A. Parker, Hezekiah Brodberry, and David Barnet judicious and disinterested freeholders of the vicinity. You cause to be set off and divided among the heirs at law of James Moore Sen. Deceased to wit, James Moore, Jesse Moore, Anderson Moore, Wiley Moore, and Polly Ledwell of this county and Alfred Moore,
Thompson Moore, Samuel Moore, William Moore, and John Moore of Indiana, and the children of Mary Sayre deceased who was a daughter of decedent, to wit Abigail, Joel, Mary, Robert, and Elizabeth Sayre of parts unknown per strips, after assigning to the widow dower there in all of the real estate of which James died seized, that is to say fifty seven acres of land, being part of the southeast quarter of section nine, of township 6, range 2 in this county, except about one acre and half of land sold and conveyed by decedent in his life time to Harrison Moore a minor, lying on the road leading from Yankee Town to Newcom, on the west side of the road, extending eight rods on said road and back with James Moore's lot as far as the said extends back. And except also about twelve and a half acres of land commencing at the south west corner of Squire Marsh's land. Thence south to a tree. Thence east to the grave yard. Thence north to the NW corner of beginning, which had also been sold, previous to decedents death to Anderson Moore according to the form of the statute in such case made and provided. With the two following endorsements thereon to wit.
20th 1829 I
have made service of the written writs by reading the same to within named
commissioners, I. A. Parker, Hezekiah Brodbury, and David Barnet.
J.D. Dickey Sheriff
2. Preble county Sheriff personally appeared before me, one of 4 the justices of the peace in and for the Township of Somer in said county, on the 22 day of June 1829, the within named I. A. Parker, Hezekiah Brodbury, and David Barnet who being duly sworn according to law made JP to the best of their skills and Judgement.
Given under my hand the dates before written.
Wm. Hall, J.P.
And also the following report to wit the under signed commissioners appointed by the direct order of the court of common pleas for the county of Preble May term, do set off and divide the estate of James Moore Senior deceased, met pursuant to said order on the 24th and 25th instant and proceed to assign and set off according to statute in such case made and provided. To the widow her dower, which dower contains twenty on acres and 145/4200 poles including the dwelling house, orchard, and all the wood land, being to the west end of the estate of said James Moore, Sr. deceased. And bounded on the north by Squire Marsh's Land, the grave yard and Anderson Moore's land, conveyed to Anderson, by the deceased in his life time. On the west by James Barnet Land. On the south by Jesse Moor's land and on the east by land assigned to the said heirs of the said James Moore, Sr., deceased. And according to said order we have set off and assigned to the heirs at law of James Moore, Sr., deceased, the following numbers of lots contained in the survey of said estate by Jonathan Miller the surveyor whose plot is hereunto annexed.
To James Moore No. 7, to Jesse Moore No. 5, to Anderson Moore no. 11, to Wiley Moore No. 10, to Polly Ledwell No. 9, To Alfred Moore No. 4, To Thompson Moore No. 3, to Samuel Moore No. 1, to William Moore No. 6, to John Moore No.8, and to the heirs of Mary Sayre No. 2. And we have also set off to Harrison Moore a minor the land described as his in the interlocutory decree of the court.
June 25, 1829
I. A. Parker
This may certify that the above is a plat and survey is part of the South East Quarter of Section No. 9, Township 6, Range 2, being the real property of James Moore Sr., deceased, which was partitioned; assigned to the heirs of said deceased, by the commissioners, Authorized for that purpose, as follows to wit, Lot No. 1 to Samuel Moore; 26/100 acres. Lot No. 2 to heirs of Mary Sayer deceased containing 1 26/100 acres. Lot No. 3 to Thompson Moore containing 1 26/100 acres. Lot No. 4 to Alfred Moore containing 1 75/100 acres. Lot No. 5 to Jesse Moore containing 1 75/100 acres. Lot No. 6 to William Moore containing 1 75/100 acres. Lot No. 7 to James Moore containing
1 75/100 acres. Lot No. 8 to John Moore containing 1 75/100 acres. Lot No. 9 to Polly Ledwell containing 1 85/100 acres. Lot No. 10 to Wiley Moore containing 1 90/100 acres. Lot No. 11 to Anderson Moore containing 1 95/100 acres Surveyed June 25th A.D. 1829
By Jonathan Miller, Surveyor
Whereupon the court made and enters their decree in the words of the
tenor following: It appearing to the courts that the commissioners appointed the last term of court have proceeded after being duly sworn to examine and taking to their assistance a surveyor have made partition of the real estate of James Moore Sr., deceased and set off to the widow of said James her dower wherein as follows to wit: twenty two and 82/100 of an acre as designated in the plat of said survey made by Jonathan Miller the surveyor and approved by the commissioner. To Anderson Moore for lands sold to him by deceased previous to his death and for which he made payments, twelve acres and a half adjoining the dower of said widow also designated on said plat and survey. And to heirs of said decedent as follows, to wit: Lot No. 1 to Samuel Moore containing One acre and 26/100. Lot No. 2, containing one acre and 26/100 of an acre to the heirs of Mary Sayre late Moore now deceased. Lot No. 3 containing one acre and 26/100 of an acre to Thompson Moore. Lot no. 4 containing one acre and 3/4 to Alfred Moore. Lot No. 5 containing one acre and 3/4 to Jesse Moore. Lot No. 6 containing one acre and 3/4 to William Moore. Lot No. 7 containing one and ¾ acres to James Moore. Lot No. 8 containing one acre and 78/100 of an acre to
John Moore. Lot No. 9 containing one acre and 85/100 of an acre to Polly Ledwell late Polly Moore. Lot No. 10 containing one acre and 90/100 of an acre to Wiley Moore. Lot No. 11 containing one acre and 95/100 of an acre to Anderson Moore. And also a lot to Harrison Moore which was sold to him by the decedent previous to his death containing one acre and 25/100 of an acre, all of which appear fully designated on the plat aforesaid.
And all the proceedings of said commissioners being fully examined,
The court approves the same and order their said report, together with the surveyor's plat to be recorded. And the court being fully satisfied that all the proceedings of said commissioners have been made and done according to law, do approve the said and order that said widow and also the said heirs hereafter to hold and occupy their respective shares of said land in severalty, and it is further ordered by the court that the widow & heirs respectively pay their legal dividends of cost which have occurred on this application.
George B. Holt