Sunday, December 20, 2015

Transcription of the 02 Sep 1876 State of North Carolina Will of Probate for Mathias John Winecoff, Jr. (1805-1876), My Maternal 4th Great-Grandfather


Transcription of the 02 Sep 1876 State of North Carolina
Will of Probate for Mathias John Winecoff, Jr.


State of North Carolina SS. In the Probate Court.
Cabarrus County.

            A Paper purporting to be the last Will and Testament of Mathias Wihnecoff deceased, is exhibited before me, the undersigned, Judge of Probate for the said County, by M. H. Winecoff one of the executors therein mentioned, and the due execution thereof by the said Mathias Winecoff by the oath and examination of Jos. N. Brown & Jos. Gouny the subscribed witnesses thereto; who being duly sworn, doth depose and say, and each for himself deposeth and saith that he is a subscribing witness to the paper writing now shown him, purporting to be the last Will and Testament of Mathias Winecoff that the said Mathias Winecoff in the presence of this deponent subscribed his name at the end of said paper writing, which is now shown as aforesaid, and which beast the date of 2 day of October 1872.

            And the Deponent Further Saith, That the said Mathias Winecoff the teastor aforesaid, did at the time of the subscribing his name as aforesaid declare the said paper writing so subscribed by him, and exhibited to his last Will and Testament, and the deponent did th reupon subscribe his name at the end of said Will, as an attesting witness thereto, and at he request and in the presence of the said testator, this deponent further saith, that at the said tiem when the said testator subscribed his name to the said last Will as aforesaid, and at the time of the deponent’s subscribing his name as an attesting witness thereto, the aforesaid, the said Mathias Winecoff was of sound mind and memory, of full age to execute a Will, and was not under any restraint to the knowledge, information or belief of the deponent; And further these deponents say not.

Joseph Gouny(?) (Seal)
J. N. Brown (Seal)

Severally sworn and subscribed this 2 day

of Sept. 1876, before me, Jas C Gibson

How I Descend from Mathias John Winecoff, Jr. My maternal grandmother,
mom, and I (all living) would follow after Sgt. Murl Sanders Litaker, Sr.



©Amy Wood Kelly, 2015 - I am happy to share my genealogical research and writing with others, as well as to help others with their research efforts.  However, please do not reprint this post in full or in part or use excerpts from this post without giving full credit to me, Amy Wood Kelly, as the researcher and author as well as providing the permalink to this post.  Thank you, in advance, for showing respect for my request and the work I put into creating this post.

Tuesday, December 15, 2015

Transcription of the 02 Oct 1872 Last Will and Testament of Mathias John Winecoff, Jr. (1805-1876), My Maternal 4th Great-Grandfather


Transcription of Mathias John Winecoff Jr.'s Last Will and Testament

I Mathias Winecoff of the County of Cabarrus and state of North Carolina being of sound mind and memory and being aware of the uncertainty of life do make my last will and testament as follows viz:

Item 1st I wish my executors herein after appointed to pay all my just debts.

Item 2nd I devise and bequeath to my beloved wife Elizabeth one hundred acres of land including my dwelling and outhouses.  The miles and bounds to be selected by her to have and to hold so long as she remains my widow.  I further give and bequeath to my wife all the household and kitchen furniture which she owned previous to our marriage and all the personal property of every kind which she had before our marriage.  I further give and bequeath to my wife one years support (not to exceed the allowance made by law) and three hundred dollars in cash.

Item 3. I devise and bequeath to my son M. H. Winecoff the parcel or tract of land on which he now lives containing one hundred and two acres.  The miles and bounds of which are marked to have and to hold to him and his heirs forever.

Item 4th I devise that my executors shall sell the balance of my personal property not given to my widow and I devise and bequeath to my grand child Josephine Winecoff five hundred dollars in cash to be paid to my executors and I devise and bequeath to my grand son Joseph N. Winecoff five hundred dollars in cash provided the settlement which I have made of his father’s estate as administrator shall not be interfered with.  I mean by this bequest to Joseph N. Winecoff that as I was Administrator of his father’s estate and the guardian of said Joseph during the war and owing to the troubles and difficulties the became mixed up with Confederate money and liner the war some of the notes have become worthlys and on the 20th Sept 1871 I charged myself in the return as his guardian with the sum of two hundred and eighty  four 69/100 dollars in good money.  Now if said settlement and return shall stand and if myself or my executors shall not be held to account for any greater sum than two hundred and eight four 69/100 dollars due said Joseph on the 20 Sept 1871.  Then I desire that he the said Joseph shall have five hundred dollars in addition there to from my estate but if any greater sum than two hundred and eighty-four 69/100 shall be claimed on account of my said guardianship then it is my will and desire that that the said Joseph N. Winecoff shall have nothing whatever from my estate.

Item 5th I devise and bequeath to my children  M. H. Margaret I. Sarah Ann. Harriet M. Layton M. and Jane Elizabeth. the balance of all my real and personal estate to be divided equally between them and in order that the division may be equal it is my will that my son M. H. shall account for the value of the tract of land which I have given him above but in the account he is not to be charged with the value of any improvements he may put on said land.

Item 6th If my wife shall marry then it is my will and desire that the real estate which I have desired to her in the 2nd Item shall be divided equally between my children mentioned in the 5th Item, and if she never marries then at her death the said real estate shall be divided equally among my children mentioned in said 5th Item.

Item 7th I constitute and appoint my M. H. and L. M. Winecoff my executors to execute and carry out this my last will and testament.  This 2nd day of October 1872.

Mathias Winecoff (seal)


Signed and sealed and published as the last will and testament of Mathias Winecoff in our presence and at his request and in his presence he have subscribed our names as witness thereto.

Joseph Louny(?)
J. N. Brown(?)

 Mathias Winecoff Last Will and Testament - page 1 -
North Carolina, Wills and Probate Records, 1665-1998 on Ancestry.com


 Mathias Winecoff Last Will and Testament - page 2 -
North Carolina, Wills and Probate Records, 1665-1998 on Ancestry.com

 Mathias Winecoff Last Will and Testament - page 3 -
North Carolina, Wills and Probate Records, 1665-1998 on Ancestry.com

Depiction of How I Descend from Mathias John Winecoff, Jr. (Note: Below Murl, Sr.,
the pedigree chart would show my maternal grandmother, my mother, and me (all living).)


©Amy Wood Kelly, 2015 - I am happy to share my genealogical research and writing with others, as well as to help others with their research efforts.  However, please do not reprint this post in full or in part or use excerpts from this post without giving full credit to me, Amy Wood Kelly, as the researcher and author as well as providing the permalink to this post.  Thank you, in advance, for showing respect for my request and the work I put into creating this post.


Wednesday, November 11, 2015

Timeline for James Anderson Woollen, My Paternal 3rd Great-Grandfather (22 Feb 1836 – 11 Jun 1905)

After my paternal grandmother, Elizabeth Lee Henderson Wood,
would follow my father (living) and me.

22 February 1836, Guilford County, North Carolina – James Anderson Woollen, my paternal third great-grandfather, was born in to Rebecca Heath Woollen (1798-?), and John Woollen (circa 1790-?)

25 September 1850, Guilford County, North Carolina – The 1850 U.S. Census recorded James as age 14 and living in the Northern Division of the county.

21 April 1860, North Carolina – James secured a marriage bond for his upcoming marriage to Susan Caroline Malcolm (1845-1920).

James Woollen and Susan C. Malcolm Marriage Bond from Ancestry.com's  

 22 October 1860, Guilford County, North Carolina – James married Susan Caroline Malcolm (1845-1920), daughter of James Landreth Malcolm and Catherine “Kate” Haddox (a.k.a., Haddix).

January 1862, Guilford County, North Carolina – James and Susan’s first child and my second great-grandmother, Lillian Elizabeth “Muttie” Woollen (1862-1920), was born.

26 February 1862, Greensboro, Guilford, North Carolina – Captain James T. Morehead enrolled James into active service as a Private in Company C (Guilford Light Infantry), 45th Regiment, North Carolina Infantry, of the Confederate Army. James enlisted voluntarily for a term of “three years or war.”

27 March 1862 – Private James Woollen entered active service at the age of 25.

09 April 1862, Raleigh, Wake, North Carolina – Private James Woollen mustered in at Camp Mangum.  This muster roll describes him as follows:

  • Born in Guilford County, North Carolina
  • Age 25
  • Occupation: Farmer
  • Height 5” 9’

30 June 1862 – Private Woollen was present for Company C, 45th Infantry, North Carolina muster roll, and Major Edmondson paid him Confederate bounty of $50 for his service since enlisting on 26 February 1862.

26 August 1862, Petersburg, Virginia – Private Jas. A. Woollen “Appear[ed] on a Register of the Confederate States Hospital, Petersburg, Va., containing a record of clothing and accoutrements [sic].”

01 September 1862 – The July and August 1862 Company C Muster Roll indicated that Private Woollen did not muster in due to sickness and hospitalization in Petersburg, Virginia.  Captain Johnston paid him for his service through this date.

About 29 November 1862 – Private Woollen mustered in for his Company’s September and October 1862 Muster Roll.

31 December 1862 - Private Woollen mustered in for his Company’s 30 November 1862 to 31 December 1862 Muster Roll and was paid by Captain Adams.

30 April 1863 - Private Woollen mustered in for his Company’s March and April 1863 Muster Roll.

12 June 1863, Richmond, Virginia – Private James Woolen [sic] was admitted to Chimborazo Hospital No. 3 with “camp fever” (a.k.a., either typhus fever or typhoid, both of which were prevalent during the American Civil War).

Detail of an 1865 map produced by Major Nathaniel Micheler and Captain Peter S. Michie,
US Army War Department. (National Archives Record Group #77, Map G 204, #51.)

 17 June 1863, Virginia – Private Woolen [sic] was transferred from Chimborazo Hospital in Richmond to the C. S. A. General Hospital in Danville, Virginia.  Captain Scales commanded Company C on this date.  Private Woolen’s [sic] complaint upon being admitted was debilitas, which was the term used to describe soldiers who were losing weight and too exhausted to fulfill their duties.  Debilitas was often caused by being physically overworked while also suffering from chronic diarrhea. On this same date, Pirvate Woollen “Appear[ed] on a Receipt Roll 3d. Div Gen Hosp. for clothing No. 1 Danville Va.”

30 June 1863 - Private Woollen did not muster in for his Company’s May and June 1863 Muster Roll due to hospitalization in Danville, Virginia, where he was still paid on this same date.

28 July 1863 – Private Woolen [sic] returned to duty.

31 August 1863 - Private Woollen mustered in for his Company’s July and August 1863 Muster Roll and received payment from Captain Reynolds.

01 September 1863 – Private James Woollen was promoted to 2nd Corporal, a rank immediately junior to the 1st Corporal, and appeared on Company C’s Roll of Honor.

31 October 1863 – 2nd Corpl. James Woollen mustered in for Company C’s September and October 1863 Muster Roll and again received payment from Captain Reynolds on this date.

31 December 1863 – 2nd Corpl. Jas. Woollen was mustered in for his Company’s November and December 1863 Muster Roll and received payment from Captain Reynolds on this date.  The Muster Roll’s Remarks section states: “ Name appears in col of names present as James Woollen.”

About 28 February 1864 – 2nd Corpl. James Woollen mustered in for Company C’s Muster Roll.  The Muster Roll’s Remarks section noted: “ Name appears in col of names present as James Woollen.”

21 April 1864 – James A. Wollen [sic] (with “Woollen” written above “Wollen”), Co. C, 45 NC Inf. was issued clothing based on his appearance “…on a Receipt Roll for clothing, for Apr 21 26, 1864.”

02 May 1864 – J. A. Woollen, Co. C, 45 NC Inf., “Appear[ed] on a Receipt Roll for clothing, for 2 Apr, 1864.  (Note: The date of issue originally recorded was 21 June 1864, and that date was crossed out and replaced with 02 May 1864.)

12 June 1864 – Clothing was issued to J. A. Woollen, Co. C, 45 NC Inf. who “Appear[ed] on a Receipt Roll for clothing, for 02 Apr, 1864.”

01 September 1864 – James Woollen mustered in for Company C’s Muster Roll dated 30 April 1864 to 31 August 1864, and – for the first time – his rank is shown as 1st Corporal. As 1st Corporal, he was the senior Corporal in Company C and always would have stood in the first rank in or near to the middle of the Company. Note that the muster roll showed his last time being paid as 31 December 1863, eight months earlier.  The Remarks section of this Muster Roll indicates:  “Name appears in col of names present as J. A. Woollen.”

About 01 November 1864 – Company C’s Muster Roll lists 1st Corpl. J. A. Woollen as mustered in for the period of September and October 1864 and indicates that Captain Reynolds last paid him on 01 September 1865.

04 November 1864, Guilford County, North Carolina – James and Susan’s second child, Margaret “Maggie” Irene Woollen was born.

15 November 1864, Venus Point, Georgia – 1st Corpl. Woollen was exchanged.

About 31 December 1864 – 1st Corpl. J. A. Woollen mustered in for his Company’s Muster Roll and had last received compensation on 01 September 1864.

16 May 1865, Greensboro, North Carolina – Sergeant Jas. A. Woollen, Company C, 45th North Carolina Infantry, signed a “Parole of Prisoners of War belonging to the Army of Northern Virginia, and surrendered by General Robt. E. Lee, C. S. A., commanding said army, to Lieutenant-General U. S. Grant, commanding armies U. S.”  This is the first documentation of his promotion to Sergeant.

Between 1870 and 1899 – After returning to home to post-war Winston-Salem*, James worked as primarily as a carpenter and briefly as a janitor.
*In the 1880s, the US Post Office began referring to the North Carolina towns of Winston and Salem as “Winston-Salem.” In 1899, the Winston-Salem post office in was established in the former town of Winston, with the former town of Salem’s post office becoming as a branch. After a referendum, the towns were officially incorporated as "Winston-Salem" in 1913.

02 August 1871 – James and Susan welcomed their first son, John William Woollen.

18 November 1878 – Another son, Charles “Charlie” Thomas Woollen, was born to James and Susan.

21 December 1879 – Susan and James celebrated the birth of another daughter, Pearl Beatrice Forest Woollen.

20 January 1883 – James and Susan’s son, Glenn Lacy Woollen, was born.

06 February 1884 – Another daughter, Ruby Valerie (“Tee” or “T”) Woollen, was born to James and Susan.

09 June 1901, Winston, North Carolina – James A. Woollen suffered a stroke while at Brown’s Warehouse.  The stroke paralyzed the right side of his body.

1902, Winston, North Carolina – By 1902, James had fully retired.

11 September 1903, Winston, North Carolina – James and Susan’s 9-year-old granddaughter, Lillian Virginia Lee, passed away at their home.  Lillian was the daughter of Lillian Elizabeth “Muttie” Woollen Lee, and she died from rheumatism and scarlet fever.

09 June 1905, Winston-Salem, North Carolina – At the age of 69, James Anderson Woollen passed away from paralysis.

James A. Woollen's North Carolina Death Certificate from
Ancestry.com's North Carolina, Deaths, 1906-1930 database.

11 June 1905, Winston-Salem, North Carolina – James was buried in the non-Moravian section of Salem Cemetery, located at the intersection of Cemetery Street and Old Salem Avenue. His headstone features a Confederate flag and is inscribed as follows:


James A. Woollen
Greensboro, N.C.
February 22, 1836
June 9, 1905
Blessed is the man whom thou choosest, and causest to approach unto thee.  Ps. 65:4



©Amy Wood Kelly, 2015 - I am happy to share my genealogical research and writing with others, as well as to help others with their research efforts.  However, please do not reprint this post in full or in part or use excerpts from this post without giving full credit to me, Amy Wood Kelly, as the researcher and author as well as providing the permalink to this post.  Thank you, in advance, for showing respect for my request and the work I put into creating this post.

Wednesday, May 27, 2015

Charles Edward "Ed" Ashby (1887-1930), 52 Ancestors in 52 Weeks - Week 20, "Black Sheep"

 Week 20's theme for +Amy Johnson Crow and NoStoryTooSmall.com's 52 Ancestors in 52 Week is "Black Sheep."  As one pursues building a family tree, it does not take long for the so-called black sheep to start appearing throughout one's tree.  My tree, like everyone else's, has its fair share of such individuals.  For this post, I have chosen to write about my maternal second great grand uncle, Ed Ashby, who was a violent individual.

Relationship between Ed Ashby and me.  My grandmother and mother,
both living, and I would be listed after Murl Sanders Litaker, Sr.

James Ashby and Angeline Thomas Poteet Ashby of North Carolina welcomed a son, Charles Edward "Ed" Ashby, in June 1887.1  (Note: I wrote a post about Angeline's father, Thomas Jefferson Poteet, Jr., in early February of this year.)  The first record available for Ed is the 1900 U.S. Census in which he is residing in Cabarrus County, North Carolina, with his parents, four siblings, and two servants.2

He next appears at age 15 in a 03 April 1903 article entitled, "Boy Shoots His Father."3 According to the article, James "Jim" Ashby, the father, was punishing his daughter for not getting up early enough that morning, and Ed intervened in an attempt to protect his sister from their father.  At some point, the interaction escalated, James threatened to kill Ed, and Ed "sent a load shot into his father's abdomen."4  An article from the 08 April 1903 Concord Times indicates that, just before James died on 04 April 1903, he expressed that his son was justified in killing him.5  The article goes on to say that it is the general impression that this is "a case of justifiable homicide."6  Another 08 April 1903 article from the Charlotte Observer indicated that the jury deliberated for less than an hour before coming back with a not guilty verdict in the case against Ed Ashby.7

On 16 June 1907, Ed committed murder a second time.  This time, he killed his brother-in-law, Daniel "Dan" S. Overcash, for allegedly having an intimate relationship with his neighbor's wife, Mrs. Reece Pethel.8  After 13½ hours of debatethe jury convicted him on 31 August 1907 of second degree murder and perjury and then sentenced him to ten years in the North Carolina state penitentiary in Raleigh.9

To date, I have not been able to find any type of death record for Ed Ashby.  In the 1930 U.S. Federal Census taken in Kannapolis, North Carolina, on 04 April 1930, his wife, Margaret (a.k.a., "Maggie) Overcash (née Pethel), is recorded as being widowed.10  Based on records found thus far, I must make the assumption that he died prior to the aforementioned 1930 census date.



     1  James A. Ashby household, 1900 U.S. census, Cabarrus County, North Carolina, population schedule, township No. 4 Cooks Cross Roads, enumeration district [ED] 0016, sheet 9B, family 159; National Archives micro publication T623, roll 1185.

     2  1900 U.S. census, Cabarrus County, North Carolina, population schedule, No. 4 Cooks Cross Roads, ED 0016, sheet 9B, family 159.
     3  "Boy Shoots His Father," the Charlotte Observer (Charlotte, N.C.), 03 April 1903, transcription; GenealogyBank (http://www.GenealogyBank.com : online search, 23 May 2015), Newspaper Archives collection.
     4  "Boy Shoots His Father," the Charlotte Observer (Charlotte, N.C.), 03 April 1903.
     5  "James Ashby Killed by His Son," the Concord Times (Concord, N.C.), 08 April 1903, transcription; Ancestry.com (http://www.Ancestry.com : online search, 24 May 2015.
     6  "James Asby Killed by His Son," the Concord Times (Concord, N.C.), 08 April 1903.
     7 "Ed. Ashby Not Guilty," the Charlotte Observer (Charlotte, N.C.), 08 April 1903, transcription; GenealogyBank (http://www.GenealogyBank.com : online search 25 May 2015, Newspaper Archives collection.
     8 "Ed Ashby Kills Dan Overcash," Greensboro Record (Greensboro, NC), 17 June 1907, transcription, GenealogyBank ((http://www.GenealogyBank.com : online search 26 May 2015, Newspaper Archives collection.
     9 "Murder in Second Degree. Ten Years Given Ed Ashby,” the Charlotte Observer (Charlotte, N.C.), 01 September 1907, transcription, GenealogyBank ((http://www.GenealogyBank.com : online search 26 May 2015, Newspaper Archives collection.
     10 Margaret Ashby household, 1930 U.S. census, Cabarrus County, North Carolina, population schedule, township No. 4 unincorporated Kannapolis town, enumeration district [ED] 0009, sheet 6A,   family 98; National Archives micro publication T626, roll 1677.


©Amy Wood Kelly, 2015 - I am happy to share my genealogical research and writing with others, as well as to help others with their research efforts.  However, please do not reprint this post in full or in part or use excerpts from this post without giving full credit to me, Amy Wood Kelly, as the researcher and author as well as providing the permalink to this post.  Thank you, in advance, for showing respect for my request and the work I put into creating this post.