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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 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. The slaves are not individually named, which leaves the impression that there may have been several of them, but in 1820 Jeremiah and Nancy only had one. Possibly they owned more who were living with the children, but by the 1830 census none of the children have slaves, and there is no record of a Shelton having freed any slaves in Logan County. The will gives the slaves some minimal agency over their future sale, but it falls short of freeing them.

The will leaves Mary a third of the estate during her lifetime, 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, so she may have died.

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.

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