Jeremiah Shelton and Nancy Asher

Jeremiah Shelton was probably born around 1745, when his peripatetic family lived in Amelia County, Virginia. Around 1768, when he and his family were living near what is now Stuart, Virginia, he married Nancy Asher. Her last name is uncertain, as it is with so many of these marriages.

What's Happening?

What's going on when Jeremiah and Nancy start their family around 1770?

• The Boston Massacre enflamed tensions between colonists and Great Britain.
• The Treaty of Lochaber opened up what is now West Virginia and Kentucky to settlement.
• Daniel Boone was exploring Kentucky, and fighting with practically everyone.
• Zerobabel Gay was entering adulthood, and his future wife Selah was still 10 years from being born.
• Adam Smith published The Wealth of Nations.

The American Revolution

Jeremiah's older brothers James and Eliphaz both had distinguished Revolutionary War careers as Captains in Colonel Abram Penn's militia regiment, the only body of troops raised in Henry or the surrounding counties. There is a story that Jeremiah did his patriotic duty by supplying a musket, but if I understand it correctly that's literally referring to the gun and only the gun.

The Kids

• Asher Shelton (1772-1852) married Mary Green (1782-1864). These two are my ancestors. Two of Asher's brothers married two of Mary's sisters; three brides for three brothers, I guess.
• Rhoda Polly Shelton (1774-1850) married William Robert Gough, Jr.
• Joshua Shelton (1776-1859) married Sarah Green
• Abednego Ralph Shelton (1780-1860) married Nancy Ann Gough
• Jesse Eli Shelton (1782-1855) married Rachel Marrs. They moved to Arkansas and then to Texas, where they were pioneers in Lamar County in the 1830s. Their son Eli joined the Texas Rangers at 15 and later was in the Texas state legislature.
• Jeremiah Shelton Jr (1786-1847) married Sally Green, then Christina Lawrence.
• Gilbert Shelton (1787-1860) married Prudence Furbush.
• Elizabeth Shelton (1788-1822) married William McMackins, divorced (!), then married Mark Whitaker.
• Sarah Shelton (1789-1878) married Robert Figg
• William Shelton (1790-1830) 
• Abraham Shelton (1794-1876) married Susan Lewis.
• Nancy Shelton (1796-1876) married James Ashley. They moved to Tennessee, then to The Republic of Texas.
• Charles Shelton (1798-1828)

Wagon Train to Kentucky

After the war Jeremiah sold the land he held near his father and siblings (in the future Patrick County, Virginia) and moved his young family across the Blue Ridge Mountains to Russell County, near the confluence of Big Cedar Creek & Clinch River, north of present-day Lebanon. Most of Jeremiah and Nancy's children were born here.

In 1797 he sold that land and led a wagon train to Logan County, Kentucky, travelling by way of North Carolina through the Cumberland Gap into Tennessee, and then into Kentucky.

Kentucky had been the site of bitter fighting during the war, as Indians allied with the British to resist the incursions of American settlers, notably including Daniel Boone. The end of the war did not immediately bring peace -- a report in 1790 estimated that 1500 settlers (and untold numbers of native Americans) had been killed in Kentucky since the the war ended. Eventually the battle was largely resolved in the settlers' favor, and Kentucky was made a state in 1792.

Jeremiah appears on the tax rolls in Logan County in 1800, along with an Ebenezer Shelton.  James, Peter and Vardeman Shelton, nephews of Jeremiah through his brother James, are in Lincoln County.

In the 1810 Census Jeremiah and his family appear in Butler County, Kentucky, which had been created in 1810 by splitting off parts of Logan and Ohio counties. This happened a lot -- the original Logan County is now split up into 28 counties. In these early Census reports, the head of household is named, but everyone else is just counted in various categories. Jeremiah's household was as follows:

• Free White Persons - Males - 10 thru 15: 2 (Abraham and Charles)
• Free White Persons - Males - 16 thru 25: 1 (William)
• Free White Persons - Males - 45 and over: 1 (Jeremiah himself)
• Free White Persons - Females - 10 thru 15: 1 (daughter Nancy)
• Free White Persons - Females - 45 and over: 1 (wife Nancy)
• Numbers of Slaves: 3
• Number of Household Members: 9

Jeremiah's sons Asher, Jeremiah Jr, Abednego, Gilbert, Jesse and Joshua, the youngest of whom is about 23, appear as heads of their own households. The entries in these early Censuses are alphabetical, so all these Sheltons are together. The childrens' entries show lots of kids, but no slaves yet. Daughters Rhoda, Elizabeth and Sarah are all married and residing in different portions of the alphabet.

In 1820, Jeremiah and Nancy have almost emptied the nest; there are only four people left in the household.

• Free White Persons - Males - 16 thru 25: 1 (must be 22-year-old Charles)
• Free White Persons - Males - 45 and over: 1 (Jeremiah)
• Free White Persons - Females - 45 and over: 1 (Nancy)
• Slaves - Males - 14 thru 25: 1
• Number of Persons - Engaged in Agriculture: 1
• Free White Persons - Over 25: 2
• Total Free White Persons: 3
• Total Slaves: 1
• Total All Persons - White, Slaves, Colored, Other: 4

This Census is still alphabetical, but raggedly so in Butler County. Nonetheless the Sheltons are at least on the same page, so we can still see Abraham and Abednego, but there's no sign of the others. There are also entries for David and George Shelton, but I don't know who they are.

The Will

Jeremiah's will was probated in Butler County, Kentucky in 1829.

July the tenth one thousand eight hundred & twenty six. I Jeremiah Shelton Senior of Butler County & Kentucky State being old & sick & calling to mind that it is appointed to men once to die and as concerning my worldly property I will & dispose of them as follows namely Asher Shelton Rhoda Gough Joshua Shelton Abednego Shelton Jesse Shelton Jeremiah Shelton Gilbert Shelton Elizabeth Whitaker Sarah Figg William Shelton Abram Shelton Nancy Ashley Charles Shelton deceased all these mentioned in the will are to have an equal division but Gilbert Shelton for being always disobedient is to have five dollars And I do hereby order & direct that none of my slaves shall be sold to any other person or persons except to one or more of the legatees except it should be by their own consent & choice that is by the consent & choice of the Slaves themselves & if it should so happen that an equal Division cannot be made among the legatees in any other manner those of them whose legacies are deficient shall receive their equal part by the use & service of one or more of the slaves And as concerning any thing that I have heretofore bestowed to any of the legatees herein mentioned, no account is to be taken of it nor shall anything further be done with such gifts. The service of the slaves to any of the legatees or any other gift that have made or hereafter may make in my lifetime is to remain as it is or may have after be without any further notice being taken of it And as concerning my beloved wife Nancy Shelton I will & dispose unto her the third her lifetime except it should be known that she is wasting of it & I do hereby revoke all other wills that I have at at any time heretofore made. And I do hereby appoint my two sons Joshua Shelton & Jesse Shelton as executors of his my last will & testament.

In witness whereof I have hereunto set my hand & seal on the day & date above written.

Jeremiah (his mark) Chilton

Witness

B McReynolds

Dillard Duncan

B.S. McReynolds

Butler County

February County Court 1829

This will was proven by the oaths of Benjamin McReynolds & Benjamin S. McReynolds & ordered to be recorded & copy cert. Rob Morrison Clk

These Sheltons always seem to exclude just one child from the inheritance. Maybe there is something to the idea of a black sheep.

If I understand it correctly, the copy of the will we see is the one recorded during probate, a copy of the original. So none of the signatures are original, and the handwriting is that of the clerk. In this copy Jeremiah's signature was a mark, which I think indicates that Jeremiah was not able to write, despite his father and grandfather apparently being literate.

I don't know if the misspelled name in the signature is meaningful at all; all the names in the body of the will were correct, including Jeremiah's. It might be in the original, or a transcription error. I'm always amused by the scribbly little drawing of a seal in these documents.

The part pertaining to the slaves is interesting. It appears to give them some agency in their future, but even that meager mercy was probably denied them. The estate sale that followed Jeremiah's death in 1829 included bales of hay, bed sheets, and three people. There was a man named Thomas, a young woman named Sylvia or Silvy, and her daughter Sary, who must have been a young child. Thomas went for $400 to Eli Gough, Jeremiah's grandson. Gough also bought Sary for just $90. Sylvia was purchased by Eli's brother Joshua for $300, but was apparently signed over to Joshua Shelton, Jeremiah's executor, so that Sylvia could take care of the widow Nancy Shelton. Later it was decided that the sale of Sary wasn't in keeping with Jeremiah's wishes, so she went back to living with Sylvia. Sylvia was described as having a husband, quite possibly Thomas, but they were likely split up.

The will leaves Nancy a third of the estate during her lifetime, in accordance with her dower rights, unless she's found to be wasting it. That exception is common in bequests to widows. In this case it apparently fell to Abednego to take care of Nancy. He tried to use that for leverage, and the other heirs called his bluff (spelling corrected here):

Know all men to whom these presents may come that Jeremiah Shelton Sen of the county of Butler and state of Kentucky departed this life in the month of Feb 1829 leaving  his wife Nancy Shelton a widow to whom he devised one third part of his estate during her natural life and at her death to be equally (divided) between his heirs and whereas the said Nancy Shelton the beloved mother of the under signed is living with Abednego Shelton & whereas the said A. Shelton has refused and do refuse to give the requisite security for the delivery of the estate aforesaid at the death of our beloved mother aforesaid said A Shelton further refuses to take one legate's part of the estates of the said Jeremiah Shelton dec'd to recompense him for maintaining our beloved mother during her natural life and now be it known to all to whom these presents may come that we the undersigned heirs and devisees Jeremiah Shelton dec'd do consent and agree to take our beloved mother Nancy Shelton and maintain her decently during her natural life without any other compensation for the same than one child's part of the estate aforesaid in witness whereof we have hereunto set our hands and seals this 4th of July 1829.

Rhoda Gough (drawn seal)             Asher Shelton (drawn seal)

James & Nancy Ashley (drawn seal)     Joshua Shelton (drawn seal)

Jeremiah Shelton Junior (drawn seal)     Robt & Sarah Figg (drawn seal)

(on back side)

J Shelton

Heirs 

To (illegible)

This is from a document held by an heir. I don't know how it was used legally, but in the 1830 Census Abednego has no old woman in his household. But she also doesn't appear in any of the other heirs' Census reports.

Abednego was apparently something of a scoundrel. He was sued for debts, and for failing to keep the road clear. While being investigated for selling a plot of land three times he hoofed it to Arkansas, so Butler County declared him an outlaw in 1845.

Shelton v. Figg

Nancy Shelton died in September of 1839, in the care of her daughter Sarah (known as Sally) and Sally's husband Robert Figg. Shortly afterward the heirs of Jeremiah Shelton launched a lawsuit against the Figgs for possession of the slave Sylvia. Surviving records from Butler County Circuit Court include a series of depositions that tell us a little about the later life of Jeremiah and Nancy.

Most of Jeremiah and Nancy's children had moved out of Butler county -- Asher went to Todd County, Joshua and Rhoda went to Graves County, Jesse moved to Arkansas, Jeremiah Junior went to Tennessee, and so on. Sally and Robert stayed in Butler County, and after their marriage in 1809 they came to live with Jeremiah and Nancy, although it's not clear to me whether that was in the Figg or Shelton home. Jeremiah was injured in about 1815 and afterward was unable to walk without help. He was blind the last few years of his life, and confined to bed for the last year. Nancy Shelton, for her part, injured her head in a fall some five or six years before she died, and was described as "positively childish" afterward.

The Figgs wanted to keep Sylvia, and the Shelton brothers (including my ancestor) wanted to sell her off and split the proceeds. The Figgs' case was that they deserved Sylvia for all those years taking care of the old couple, that Jeremiah had given Sylvia to them before he died, and that they had bought her from Jesse anyhow. The lawsuit dragged on for years, past Robert Figg's death, until at least 1850. Unfortunately I don't know how it was resolved; if the outcome is included in the surviving papers, it must be among the pages I was unable to read.

The 1850 Census Slave Schedule notes that Sally held 12 slaves: a 48-year-old woman, a man and woman in their 20s, and nine children under 10. The slave schedule did not record names, but the 48-year-old could have been Sylvia. The younger woman could be Rachel, who was mentioned in Robert Figg's will. The 1860 Slave Schedule shows that Sally has a 58-year-old woman, a 34 year-old woman, and 11 children; the young man is gone. In 1870 Sally Figg lived next door to a 45-year-old black woman named Rachel Levall and her family, quite possibly some of those children. There's no sign of Sylvia, who would have been in her 60s, nor her daughter Sary, who was not included in the lawsuit.

Previously: Ralph Shelton and Mary Daniel

Next: Asher Shelton and Mary Green