The Shemwell Family

Malinda Troutman Birth Mother Based on a careful review of Census records dating from 1850 to 1910, I conclude that Malinda Troutman was of "Mulatto" heritage. This suggests that her father, Peter Troutman, had a relationship with possibly a Negro slave on his farm. This relationship, which resulted in the birth of Malinda Troutman, occurred after Peter's wife Margaret Duncan died and before he married Catherine Spurgeon in early 1798. Malinda could have been as early 1797 or in mid 1798. At the time of this analysis, her birth mother is unknown. Peter Troutman married Margaret Duncan on September 4, 1790. She later died on November 17, 1796. Their marriage resulted in four children: Michael, Rebecca, James, and Rachel. Census records show that Michael was listed as "White" in the 1850 which suggests that the entire family was "White". Peter subsequently married Catherine Spurgeon on Jan 15, 1798. This family consisted of eight children: John, William, Eli, Cynthia, Hiram, Amanda, Greenup, and Alvin. The 1850 Census records indicate the following children were "White": John, William, Eli, Cynthia, Hiram, and Alvin. The only birth record we have for Malinda Troutman is from the 1850 Census. In that record, she and five of her children (Sarah, James, John, Joseph, and Mary) are listed as "Mulatto". Further, subsequent Census records for several of her children (James, daughter Malinda, John, and Joseph) list either a "Black" or "Mulatto" heritage.

Archibald Cosby and Melinda Troutman Family Birth and Death Years I have created a table of the data for reference. It can be found on the "Album" tabs for Archibald Cosby and Malinda Troutman. This table was used to resolve various Birth and Death inconsistencies. My analysis includes review the following documents: 1820 to 1910 Census, Find A Grave tombstone photos/records, Obituaries, and Will/Probate documents. Many of the documents are not consistent. For example, the 1850/1870/1880/1910 Census records for Joseph A Cosby shows his birth year ranging from 1834 to 1848. Another example is for Mary Cosby as the 1850 Census shows her being born in 1838 which is two years after her father (Archibald) has died. James H Cosby is shown to be born between 1833 and 1844 depending on which Census record is used. It appears that Malinda Cosby (nee Troutman) never remarried after her husband, Archibald, died. This is evidenced by her Will/Probate documents showing her as "Malinda Cosby" with no hint of a second husband. Assuming this is the case, then her children's birth years must be constrained by the Jun 18, 1835 death of Archibald. This suggests that all the children must have been born before March 1836. Based on analyzing various historical records, I am concluding that the following Cosby/Troutman family members have the following Birth/Death years. Archibald Cosby: July 29, 1792 -> June 18, 1835 Malinda Troutman: About 1798 -> September 1854 William Cosby: 1818 -> October 25, 1854 Infant Daughter Cosby: Between 1820/1825 -> Deceased Infant Son Cosby: Between 1820/1825 -> Deceased Eliza Ann Cosby: May 31, 1826 -> June 15, 1841 Sarah Cosby: About 1827 -> Deceased Martha Cosby: 1828 -> June 1825 Mary Frances W Cosby: July 30, 1833 -> April 30, 1835 James H Cosby: August 1833 -> Deceased Malinda Cosby: About 1834 -> Deceased John Robert Cosby: About 1835 -> February 13, 1895 Joseph A Cosby: About 1835 -> May 1920 Mary Cosby: About 1836 -> Deceased

Peter Troutman - Consent for Malinda to Marry Archie Crosby "To the Clerk of Henry County Sir, having given consent for a union between Archibald Cosby and my daughter Malinda. This is therefore to inform you that I have no objections to their being licensed to marry, As witness ??? I have hereunto set my hand this 22nd day of August 1818. Peter Troutman" Kentucky, County Marriages, 1797-1954 https://www.familysearch.org/ark:/61903/3:1:3Q9M-C9BN-P3GT-4?view=index&personArk=%2Fark%3A%2F61903%2F1%3A1%3AQ28D-47MH&action=view

This documents additional heirs to Peter Troutman's Estate. "Cynthia Troutman was d/o Peter Troutman and second wife Catharine Spurgeon. Cynthia m1 Charles DePauw, 15 Apr. 1823 in Bartholomew Co. Indiana. DePauw died 11 Oct. 1823, and Cynthia m2 Charles J. Cosby, 13 Dec. 1824 in Jefferson Co. Indiana. She had one child by DePauw, an infant that died and was buried with the father. Charles and "Syntha" Cosby are documented as heirs of Peter Troutman on Bartholomew Co. deed record F, p. 565, in conveyance of her 1/16 of Peter's lands; on same document is Cynthia's sister, Malinda Cosby, also of Jefferson Co. (another 1/16th). Malinda Troutman m. Archibald Cosby, 22 Aug. 1818 (where?) Archibald was brother to Charles Janson Cosby."

Melinda Cosby - Will and Probate I, Melinda Cosby, of the County of Jefferson and State of Indiana, being weak in body, but of sound and disposing mind and memory, do make, ordain, publish and disclose the following as my last will and testament hereby revoking and rendering void all former wills by me at any time made. In the first place. I wish to be buried in a plain, decent and Christian like manner and according to my circumstances and situations in life. In the second place. I wish all my just debts, expenses of my last sickness and any burial and funeral to be paid as soon after my demise as possible. In the third place after the payment of my just debts, expenses of my last sickness and burial. I dispose of the balance of my property as follows to-wit: to my daughter Sarah Cosby I will my bequeath one hundred dollars in cash and the balance of my estate real personal or nixed, whether in possession or in reversion I will and bequeath my said daughter Sarah Cosby and to my two infant sons John Cosby and Joseph Cosby share and share alike and should either said Sarah, John or Joseph die witnessed issue then and in that case. I wish and desire that the survivors or survivor shall inherit the whole amount herein left to the three. To my other children to is wit: William, James, Malinda & Mary. I desire that they take no part and have no interest in my estate (they having married and give to themselves and having received at the time they left home what was considered their proportion of the estate) unless the said Sarah, John, and Joseph should all die without issue then and in that case I wish the property real or personal herein bequeathed to said Sarah, John, and Joseph to be divided equally among all and other children alive named or their descendants share and share alike. That is the child or children of a deceased child to take the share that their parent would have taken were he or she living. In testimony whereof I have herewit set my living and seal this 21 day of July A.D 1857. Melinda (seal – mark) Cosby. Signed, sealed, published and declared by the alive namely Malinda Cosby, as and for her last will and testament, in the presence of us, while in the presence of each other, and in the presence and at the request of said Malinda Cosby, leave hereunto subscribed as named as witnesses. James Park and William Nicholl. In the State of Indiana, Jefferson County: On this day appearing in my office James Park and William Nicholl the subscribing witnesses to the last will and testament of Malinda Cosby late of said county deceased, who being duly sworn as their oath say they saw the Malinda Cosby sign and seal the foregoing paper as her will, and that they subscribed the same, as witnesses, in the presence of each other, and in the presence and at the request of said Malinda Cosby: these depone to further say said Malinda Cosby was at the time making and executing said paper as her will, of full age to devise her property, and of sound mind and memory, and not under coercion and restraint, and that she did publish and declare the same to be her will, and further saith wit. James Park and William Nicholl Subscribed and sworn to before me, the second day of September 1857 John G Sering Clerk State of Indiana, Jefferson County. I John G Sering clerk of the Court and for the said County, do certify the forgoing to be a true copy of the last will and testament of Malinda Cosby late of said County, deceased, and of the certificate endorsed thereon from the original this day filed in my office, witness and being the 2 day of September 1857 John G Sering Clerk

Melinda Cosby - Will and Probate I, Melinda Cosby, of the County of Jefferson and State of Indiana, being weak in body, but of sound and disposing mind and memory, do make, ordain, publish and disclose the following as my last will and testament hereby revoking and rendering void all former wills by me at any time made. In the first place. I wish to be buried in a plain, decent and Christian like manner and according to my circumstances and situations in life. In the second place. I wish all my just debts, expenses of my last sickness and any burial and funeral to be paid as soon after my demise as possible. In the third place after the payment of my just debts, expenses of my last sickness and burial. I dispose of the balance of my property as follows to-wit: to my daughter Sarah Cosby I will my bequeath one hundred dollars in cash and the balance of my estate real personal or nixed, whether in possession or in reversion I will and bequeath my said daughter Sarah Cosby and to my two infant sons John Cosby and Joseph Cosby share and share alike and should either said Sarah, John or Joseph die witnessed issue then and in that case. I wish and desire that the survivors or survivor shall inherit the whole amount herein left to the three. To my other children to is wit: William, James, Malinda & Mary. I desire that they take no part and have no interest in my estate (they having married and give to themselves and having received at the time they left home what was considered their proportion of the estate) unless the said Sarah, John, and Joseph should all die without issue then and in that case I wish the property real or personal herein bequeathed to said Sarah, John, and Joseph to be divided equally among all and other children alive named or their descendants share and share alike. That is the child or children of a deceased child to take the share that their parent would have taken were he or she living. In testimony whereof I have herewit set my living and seal this 21 day of July A.D 1857. Melinda (seal – mark) Cosby. Signed, sealed, published and declared by the alive namely Malinda Cosby, as and for her last will and testament, in the presence of us, while in the presence of each other, and in the presence and at the request of said Malinda Cosby, leave hereunto subscribed as named as witnesses. James Park and William Nicholl. In the State of Indiana, Jefferson County: On this day appearing in my office James Park and William Nicholl the subscribing witnesses to the last will and testament of Malinda Cosby late of said county deceased, who being duly sworn as their oath say they saw the Malinda Cosby sign and seal the foregoing paper as her will, and that they subscribed the same, as witnesses, in the presence of each other, and in the presence and at the request of said Malinda Cosby: these depone to further say said Malinda Cosby was at the time making and executing said paper as her will, of full age to devise her property, and of sound mind and memory, and not under coercion and restraint, and that she did publish and declare the same to be her will, and further saith wit. James Park and William Nicholl Subscribed and sworn to before me, the second day of September 1857 John G Sering Clerk State of Indiana, Jefferson County. I John G Sering clerk of the Court and for the said County, do certify the forgoing to be a true copy of the last will and testament of Malinda Cosby late of said County, deceased, and of the certificate endorsed thereon from the original this day filed in my office, witness and being the 2 day of September 1857 John G Sering Clerk