The Shemwell Family

John McGehee: Name, Spouses, and Descendants Introduction: In tracing out John’s lineage, I have found that his surname has many spellings; i.e., Mackgehee, McGehee, McGeehee, Megehee, Megehe, etc. Due to the preponderance of documented sources, I have chosen the surname "McGehee"; but, have included all the other spellings as "Alternate Names". Additionally, there are a lot of McGehee trees to be found in the various genealogies sites. The majority of those have no sources to support the proposed trees and appear to just be copies of each other. Some of the sites do have some sources and I have used those, along with the documented sources found on Family Search to create a "best guesstimate" as to what the lineage looks like. To be clear, we have not been able to find all the sources needed to be 100% confident of John McGehee’s tree. As we continue to find more documented sources, we can then confidently adjust the McGehee tree. Clearly, this is not an exact science and many times we have to make some decisions on circumstantial evidence. I will continue to look for more definitive facts on the McGehee family tree. Spouses - Facts: 1 Mrs John McGehee (G3QH-TGS) o Lifespan: about 1805 -> Deceased o Married John before 1822 since their first child was born in 1822. o Referenced in the 1830 Census as a Female in the 20 to 29 age category. This suggests a birth year of 1800 to 1810. o No records have been found to identify the true name of John’s first spouse 2 “Milly” McGehee (K2XM-QFD) o Lifespan: about 1815 -> May 1858. Death date is based on John’s marriage to Matilda O’Barr in April 1858. o Married John in about 1835. Their first child was born in about 1837. o Referenced in the 1840 Census as a Female in the 20 to 29 age category. This suggests a birth year of 1811 to 1820. o Was mentioned in the 1850 US Census as "Milly" with a birth location of Missouri and estimated birth year of 1815. 3 Matilda O’Barr (L6D8-G92) o Lifespan: about 1820 (birth year based on 1850 Census) -> after 1880 o Married John on May 9, 1858. This marriage is documented via Arkansas Marriages. o Was mentioned in the 1860 US Census as "Matilda" with a birth location Tennessee and estimated birth year of 1820. o John and Mathilda’s Divorce Case (see attached source) was issued a Continuance in 1858 and dismissed in 1869. o Mathilda was mentioned in the 1880 Census as a "Widow". Her estimated birth year was 1812. 4 Rosanna Riley (G9CB-VT5) o Lifespan: 1837 -> after 1870 o Was mentioned in the 1870 US Census as "Rosanna" with a birth location of Missouri and estimated birth year of 1837. Spouses - Detailed Discussion: "Milly" McGehee (K2XM-QFD) and Matilda O’Barr (L6D8-G92) are not the same person. INTRODUCTION: There have been several profile modifications on Milly McGehee (nee??) and Matilda O’Barr. Many editors have grouped Milly and Mathilda as a single person. Time-wise, that is plausible as is the fact that "Milly" could possibly be a nickname for a "Matilda". However, based on the available records and data, it appears that they are two separate persons. I would welcome any other research data that either supports or contradicts this assumption. I would request that only bonifide sources be stated as opposed to “… I found an un-sourced tree on Ancestry that …..”. If trees found on other sites can provide real data, then please provide it and we can adjust the tree accordingly. Based on McGehee family research, I will revise this part of the tree to reflect this presented analysis. The following analysis summary will step through the various Census, Marriage, Divorce, and Probate records we currently have. One of my primary assumptions is that in the mid-1800s only married couples had children. DATA: The earliest records we have showing John is married surfaces in the 1840 Census (Arkansas). That Census lists a Female in the 20-29 age category which corresponds to an 1811 -> 1820 birth year. There is a listing of other household members; but, no information on birth states and relationships. We have been unable to find any marriage records around that time showing that John was married. The 1850 Census (Arkansas, December 11) starts to provide some real data. That Census lists (presumably John’s wife) a “Milly” with an estimated birth year of 1815 and birth state of Missouri. Some children are listed which have been resourced to show they are John’s children. Based on the age of the children, it is estimated that John and Milly would have been married in about 1835. There is another 1850 Census (Tennessee, October 9) that lists a “Matilda O’Barr” who is living with her parents. Her birth year is listed as 1820 and birth place being South Carolina. Note that if "Milly" and Matilda were the same person, it is odd that Oct 1850 her birth state is South Carolina and in Dec 1850 a Missouri birth state is listed. On May 9, 1859 John McGehee and Matilda O’Barr were married in Conway, Arkansas. On June 17, 1859 John and Mathilda McGehee are mentioned in a land deal with CH Rogers. The 1860 Census (Arkansas, July 9) clearly depicts a "Matilda" with an estimated birth year of 1820 and born in Tennessee. Another O’Barr family member and researcher has noted that while she was born in South Carolina, her family settled in Tennessee when she was very young. The researcher felt this could be the explanation of the differing birth states. On April 13, 1869 the Divorce Case between John and Matilda is dismissed. The 1870 Census (Missouri, June 16) shows John having a new wife (Rosanna) with some step children. We have been unable to find any 1870 Census records for Matilda either as a McGehee or O’Barr. In 1875 there are Probate Records for the estate of John McGehee. His sister (Anna) and grandson (Joshua) are listed as Administrators. The 1880 Census (Arkansas, June 15) lists a Matilda O’Barr as a “Widow” living in her niece’s household. Her estimated birth year is 1812. SUMMARY: Based on the analysis and data discussed, it is highly probable that “Milly” and Mathilda were two separate people. Both were married to John McGehee. There are no documents that support “Milly” and Matilda are the same person. For example, had we found two versions of the 1858 Marriage Record … one with the name “Milly” and one with the name Matilda … then that would support they were the same person. But, we could not find that kind of supporting documents. The birth state differences in the 1850 Census cannot be ignored and strongly suggest that are documenting two different people. The only marriage record we can find for John is his marriage to Matilda O'Barr in 1858. His children, presumably who mother was “Milly”, supports a 1835 marriage date. It doesn't seem plausible that John would have children with “Milly” in the 1830s but not marry her until 1858. This further suggests that Milly and Matilda were different persons.

Transcription: In the name of God Amen, I Osborn McGeehe have this day made this my last will and testament. Clause the first. I do appoint John McGeehe my only son my executor to carry this my will into effect after my death. Cl 2. I give and bequeath both Real Chase and personal Estate to my wife Rebecca McGeehe during her natural life after my funeral expenses and debts are paid. Cl 3. After the death of my beloved wife it is my desire that my Executor John McGeehe shall sell all my personal Estate and collect all debts that may be due me or my deceased wife and have my Six Negroes namely, Peggy, John, Jane, Frank, Martin and Rachel, all matured and divided them by lot to six of my children and those of my children that deserve the most valuable Negros are to pay the overplus into hotchpot so that my seventh child shall have an equal share in money paid out of hotchpot, and divide the slaves and money owing from debts, and the sale of my personal Estate so that each of my seven children to wit Ann Johnson, John McGeehe, Patsey Knighton, Sally Eppsa, Nelly Dorherty, Nancy Pruitt, and Fanny Dorherty shall have an equal share of all of my worldly effects. Cl 4. It is my desire that my Executor John McGeehe pay over the several portions belonging to each of my daughters to them and take their receipt for the same which shall be a discharge for their portions of my estate. Cl 5. it is my will that the Estate given by me to my daughters are not later sold or in any way to be disposed of to pay debts of their husbands, but shall and remain for the maintenance of my daughters. Cl 6. it is my will that courts of law and equity if ever my wife shall be contested shall construe the same according to the intention of the testators have known in this my Last Will and Testament. In the name of God Amen. In testimony where of I have unto set my hand and seal this 30th day of October AD 1844. Osborn (his mark) McGeehe Seal Signed by making his hands and acknowledging the same, in presence of us Name Signed by W L Simms and Andre Gordon State of Arkansas Conway County I Harrison H Higgins, clerk of the circuit court and Exofficio Recorder for the county aforesaid do hereby certify that the foregoing instrument of writing was filed with me for safekeeping and by Request of the testator was Recorded in the Record Book C Page 75 – 6 In witness whereof I have hereunto set my hand and seal of office this 30th day of October AD 1844, H H Higgins Clerk and Exofficio Recorder

Anna Johnsson (nee McGehee) Supporting Osborn/Susan McGehee Transcription: “… also a claim of Anna Johnson against said guardian for board and nursing said ward and his wife and for clothing furnished the said ward and his wife from 27th day of March A.D. 1857 until the 25th of June AD 1857 amounting in all to the sum of fifty five & 35/100 dollars which claim is allowed and released to be paid by the said Guardian….”

John McGehee Estate Probate Summary: Administrators - Anna McGehee (1875-1877) and William Joshua McGehee (1878-1886) GENERAL SUMMARY: Court records document the legal aspects of John McGehee's estate from 1875 to 1886. An estate Administrator was identified in court on January 20, 1875. This suggests that John McGehee died before this date. During the court proceedings, there are two separate Administrators: Ann McGehee (1875 to 1877) and William Joshua McGehee (1878 to 1886). COURT SUMMARIES: January 20, 1875 Ann McGehee (probably John McGehee sister) is identified as the Admistratix (aka Administrator). She approved a claim against the estate. The court agreed and ordered that $41 be paid to A. Davis Fourth Class. Note that Fourth Class Claims are for money due employees of the decedent of not more than $800.00 for each claimant for services rendered within 4 months prior to the decedent's death and expenses attending the decedent's last illness. February 17, 1875 Ann McGehee presents a Bond to the court which is called "imperfect". She is cited and ordered to appear before the court with a new Bond or present reasons why she can't. May 19, 1876 Court claims that no account has been filed, as per required by the law, 12 months since the Letters of Administration were supplied. Ann (and possibly Thomas) is cited and ordered to appear before the next term of the court and present the account for settlement. July 12, 1876 The court claims that for the last 12 months there no account on file. The court issues Ann McGehee a citation and orders compliance. The wording of "Guardian" is crossed out and replaced with "Administration". This definitively suggests that John McGehee is deceased. November 9, 1876 Ann McGehee filed her account for final settlement. The court ordered that this settlement be inspected by all interested parties. The case is continued until the next court term. January 11, 1877 Ann McGehee appears before the court and presents the final settlement for John McGehee, Deceased, which was recorded on November 10, 1876. No issues are found with the final settlement and the court orders that Ann McGehee be charged with $27.90 and the Bond cancelled. The court further ordered that Ann McGehee and her securities be released from any further liabilities regarding the Bond. April 9, 1878 In Case #135, Wm J McGehee (probably William Joshua McGehee, John McGehee's grandson) is first identified as the Guardian. It is noted that he has provided a Bond which is sufficient. April 9, 1878 Case #137 is presented right after Case #135. It has exactly the same wording as Case #135; but, Wm J McGehee is now identified as the Administrator. It is noted that has provided a Bond which is sufficient. October 15,1878 Wm J McGehee provides an inventory of Personal/Real property and effects belong to his ward. The court approves the inventory. October 15, 1878 Nancy McGehee and Thomas Margaret claim that some of the estate property is perishable; namely, 4 milk cows with calves, 3 yearlings, 2 young steers, 3 horses, 2 feather beds, 2 bedsteads, and 1 lamb. The court orders Wm J McGehee to get the property appraised. After a 20 day period in which Wm J McGehee publicly posts the inventory, there is to be an auction at Nancy or Thomas' residence on November 16, 1878 at 10:00am. Those attendees paying less than $5 for an item shall pay cash. Those attendees paying more than $5 may get a credit of 12 months with 10% interest and post a note with approved security. April 15, 1879 Wm J McGehee presents an appraisement and Sale Bill. The court orders it to be recorded. Wm J McGehee is charged the sum of $211.65 July 16, 1879 Wm J McGehee presents to the court the status of the account which was filed on April 15, 1879 and advertised as directed. The court confirmed the account and orders that he be charged the sum of $72.93 November 9, 1881 Court proclamation to all interested parties, John McGehee's heirs, that the account is current. January 11, 1882 The court states that the account filed on November 9, 1881 is confirmed and Wm J McGehee charged with $290.27 January 9, 1883 Wm J McGehee is charged by the court the amount of $67 for the rent of the lands during 1882. He also submits his current account and the court deems it is current and advertised as the law directs. April 12, 1883 Court confirms that the annual account filed on January 9, 1883 is approved. The court further orders that the Wm J McGehee be charged with $265.60 balance which is due the wards. January 16, 1884 The court state that the 5th account filed by Wm J McGehee is current and ordered it advertised as the law directs. April 15, 1884 The court states the 5th account filed by Wm J McGehee is current and confirmed. The court orders that Wm J McGehee be charged $302.29 January 12, 1886 Wm J McGehee appears before the court to present the account. The court says it should be recorded and published as per the law. April 14, 1886 Wm J McGehee appears before the court to present the account which was filed on January 1886. The court examined the account and said it was current with no exceptions. The court ordered the Wm J McGehee charged $144.90

Know all men by these presents, that I, ANNA JOHNSON, of Conway County, state of Arkansas, being old and feeble, but of sound and disposing mind and memory do make and publish this my last will and testament, hereby revoking all former wills by me at any time heretofore made. First: I hereby constitute and appoint Thomas Kilgore and M. L. Asbury to be sole executors to pay all my just debts and funeral expense and the legacies hereinafter: Second: After the payment of my said debts and funeral expenses, I give each of my grandchildren (should read children) viz: AUSBER(Asburn) P. HOOD AND PATSY HAMPILTON (Hamilton) and JOHN HOOD, the legal heirs (should read heir) of RANSOM HOOD, deceased, who was my legal heir, the sum of five dollars, each and the remainder of my property, both real and personal, I bequeath to be divided equally among the remainder of my legal heirs. One fourth to BELFANE HARRINGTON, if living, if dead to her legal heirs. One fourth to the legal heirs of BELLZANE GRAY, viz, WILLIAM A. GRAY, MARY M. GRAY, my grandchildren. The remaining one fourth divided equally between the heirs of VAN BUREN JOHNSON, viz, NANCY A. CHAMBERS AND WILLIAM T. JOHNSTON, my grandchildren. Third: For the division and distribution and the payment as aforesaid, it is my will that my executor soon after my death, proceed to sell all my real and personal property and after paying ,my just debts then to pay off the legacies as herein before mentioned, to those entitled and it is my will that my executor keep possession of the property that may be due my grandchildren that are minors until they arrive at the maturity or of sufficient discretion to transact their own business and it is also my will that my executor, Thomas Killgore during his life is to transact and put into effect this my last will and testament, but in the event he should die, I want W. L. Asbury to proceed to carry this my last will into execution. In testimony whereof I hereunto put my hand and seal and publish and declare this to be my last will and testament in presence of the witnesses named below this 1st day of April 1878. Signed: ANNA JOHNSTON ( HER MARK ) Witness: I, John Hinkle, signed Anna Johnston's name to this will at her request. Signed, sealed, published and declared by the said Anna Johnston as and for his last will and testament in presence of ers" ( not clear) who in his presence and in the presence of each other and at his request have subscribed our names as witnesses hereto: Signed: John Hinkle, R. L. Cargile, C. C. Murphy Filed for record January 12, 1884 ( this date stricken out and replaced with the date of April 7., 1884 ) Signed by M. L. Asbury, Clerk I, John Hinkle, being duly sworn before M. L. Asbury, Clerk of the Probate Court within and for the County of Conway and state of Arkansas on this the 7th day of April A.D. 1884 do depose and say that I was present at the execution of the last will and testament of Anna Johnston which was executed and published by her on the 1st day of April 1878 and is hereto annexed that I saw the said testator subscribe her name by mark to said will and heard her publish and declare the same to be her last will and testament and that the said testator at the time of executing said will was of full age and of sound mind and memory and not under any restraint and that I signed said will as a witness at her request and in the presence of R. L. Cargile (who is dead) and in the presence of C. C. Murphy who is now absent from the county. Signed John Hinkle Subscribed and sworn to before me on this 7th day of April 1884. Also personally appeared before me at the same time, W. S. Hanna, and N. A. Nations, who after being by me, first duly sworn, deposed and says that they are familiar with the handwriting of R. L. Cargile who is now deceased and whose name is signed to the annexed will of Anna Johnston as a witness thereto. That they believe the name was written by the said R. L. Cargile. That they have no interest in the probate of said will whatsoever. signed: W., S. Hanna and N. Nations. Filed for record April 7. 1884