| 8. | John Isaac Welch was born on 2 Mar 1774 in Lincoln Co, North Carolina (son of Thomas Samuel Welch and Mary Ann Fleming); died on 9 Oct 1846 in Sparta, White Co, Tennessee. Other Events and Attributes:
- Residence: Abt 1820, Cookeville, Putnam Co, Tennessee
- Will: 19 May 1841
Notes:
The History of Putnam County by Walter S. McClain and published in 1925 stated that Jane Welch's father John Welch came from North Carolina and settled two miles south east of Cookeville about 1820. Chancery Proceedings after his death show that he had accumulated about 750 acres of land in the county. Much of this land went to the illegitimate grandchildren of his daughter Jane "Jennie" Welch who later married William P. Stone.
Will:
NEW: BARNES, JOHN VS. WELCH, GEO. ET. ALS.
CHANCERY, 1847.
There is bad bleedthrough of most of this record, making it very hard to decipher. -bp..
Depositions taken: 18 Nov. 1847..
DEPOSITION: GEORGE WELCH..
About the age of 69 years..
On the 19th May 1841, John Welch requested me to write his Will, in which he devised to his wife Polley Welch five tracts of land, in all 143 acres, including the farm and improvements whereon he lived, together with all the household and kitchen furniture and farming tools, stock, etc. during her natural lifetime and after her death the same was to belong to Jessee Welch provided he acted prudently in supporting his grandmother Polley Welch, and all his personal property, except what they acquired during her lifetime (which was to belong to the said Jessee) was to be sold and divided among his lawful heirs..
He also gave to his six grandchildren, the children of Ann Choat, deceased, 175 acres of land and Thomas Choat, their father, was to have the use of said land free of rent as long as he chose to. He also relinquished his right and title to 90 acres of land where his still house stood and one brown filly and [unreadable]. The Will which I wrote at his request and now have in my possession does not state to whom it was relinquished. My impression is it was to David Anderson. All the other lands sold and equally divided among his heirs except a six acre tract on the Mountain south of his house that he give to Jessee Welch, and the said John Welch, being sick but of sound mind and disposing memory at the time I wrote the Will was attested by Joseph Pearson and John B. Pointer and on the 21st day of May 1841 the said John Welch requested me to make some alterations in his Will which I did as he directed. He gave his wife six acres more of land, his Blacksmith tools and two notes of $100.00 each and at the death of his wife Polley Welch it all was to go to Jessee Welch together with the profits arising from the same. The balance of this, the second Will, was in substance about the same as the first. My recollection is confirmed by the second Will giving the ninety acres of land and the brown filly to David Anderson. The second Will was attested by Jacob Harpole and John B. Pointer, and I was appointed executor to both Wills and some after that the said John Welch directed me to destroy the Wills, which I done by taking his name off..
I heard John Welch say that Jessee Welch was the best boy he had raised..
Sometime in Sept. 1846 said John Welch being sick I visited him when the following conversation took place. He remarked to me that if he was to drop off that Jessee Welch and Elvira Welch would get nothing and that he had a notion to make Elvira Welch a deed to some land where Jessee Welch then lived and also to give Jessee Welch a deed to the place where he then lived and to let Jessee give his wife Polley a bond for her maintenance her lifetime and for Jessee to move in the house with his wife Polley and said he, what do you think of it. I told him I did not think it a good plan, for that Jessee was young and might run through with it and have the old lady in an awkward situation. He then observed that if he could sit up and write that he could put it in the deed and that we talked some three or four times together before the writing was done and it was always to the same import in conversation with said John Welch about writing the deeds to Jessee Welch and Elvira Welch. I suggested to him the name of R. G. Burton and he said that Burton had to go to Gainesboro to Court and I then mentioned Lee R. Taylor to which he consented and I named to Lee R. Taylor what had taken place and he said he would give an answer before he left. He then said if I would dismiss my School the next day and be with him that he would come and do the writing for him and the next morning I told John Welch what conversation had taken place between myself and Lee R. Taylor and the agreement was that the arrangement was to be made and I went and [told?] L. R. Taylor accordingly..
We went on and the said John Welch directed me where to find some papers so that he could write the deed to Elvira Welch [smear]. Lee R. Taylor then commenced and wrote a deed from John Welch to Elvira Welch for 320 acres of land, dated the 5th of Oct. 1846 and after said deed was written I saw Lee R. Taylor read the same to the said John Welch and he approved and signed the same and Lee R. Taylor and myself attested the same. After he signed and acknowledged the deed, Elvira Welch came in the house where we were and the said John Welch handed the deed to Elvira and said here is a plantation I give you and if you tell it I take it from you. She held the deed a short time and I said to her to give it to me and I would take care of it for her and she handed it to me. We then went to dinner..
After dinner we went in the room where the said John Welch was and Lee R. Taylor commenced writing the deed from John Welch to Jessee Welch, containing about 283 acres, more or less. When Lee R. Taylor came to setting out the land he was at about where the courses of the Home Tract or the beginning corner was and the said John Welch remarked that there was a plat of the home tract and we was looking for it and he directed me to look in a table drawer and I did so and found it and give it to him. He then pointed to the beginning corner with his finger and directed him to commence there. He then wrote according to the plat of the home place and then directed him to embrace one other tract of 100 acres, also one of 33 acres. After Taylor had finished the deed and postscript [?], he read them over to him. He took the deed and looked over it and then signed and acknowledged the same and Lee R. Taylor and myself attested the same. I believe him [John Welch] to have been of perfectly sound mind and disposing memory at the time he executed the Wills and deeds above mentioned..
Quest. Are you acquainted with Jessee Welch? If so, please state what kind of a man he is, whether he is dissipated or not..
Ans. I am. I have seen him drunk twice. I think he is good to work..
I think the property named in the deeds is worth as much or more than the balance of the estate..
/s/ George Welch.
DEPOSITION: ELIZABETH WELCH..
About 63 years of age..
. . . [my] husband George Welch . . ..
Quest. Can you recollect the date of the old man's [John Welch's] death?.
Ans. He died on the 9th day of Oct. 1846..
Quest. Is the old lady, his wife, still living?.
Ans. Yes..
She lives at the place where John Welch lived at the time of his death..
Elizabeth Welch (her mark).
DEPOSITION: POLLEY WELCH..
About 72 years of age..
Quest. Please state whether you were acquainted with John Welch, deceased..
Ans. I was, nearly fifty years and he was my husband..
Quest. Did you hear the old man [John Welch] say that he wanted his brother George . . ..
Polly Welch (her mark).
DEPOSITION: NEOMY HUDDLESTON..
About 38 years of age..
Neomy Huddleston (her mark).
DEPOSITION: LEE R. TAYLOR..
42 years of age..
I was called upon by George Welch to do some writing for his brother, John Welch, on the evening before he died . . ..
. . . he [John Welch] observed to me that he had two orphan children that he wanted to make some provision for . . ..
/s/ Lee R. Taylor.
DEPOSITION: JOSEPH PEARSON..
39 years of age..
/s/ Joseph Pearson.
DEPOSITION: JOHN B. POINTER..
45 years of age..
I think I was there [at the home of John Welch] about fifteen times as his physician . . ..
/s/ John B. Pointer.
DEPOSITION: DAVID F. HUDDLESTON..
27 years of age..
David F. Huddleston (his mark).
DEPOSITION: I. J. N. LOLLAR..
26 years of age..
Quest. What relation are you to Jesse Welch?.
Ans. I am not in no shape, manner or form..
Quest. Is not your wife and Jesse Welch relation?.
Ans. I suppose them to be cousins..
Quest. Have not you always understood that your grandfather and Jesse Welch's grandfather, that is, John Welch, were cousins?.
Ans. I have heard such talk, but as to the fact I do not know..
/s/ I. J. N. Lollar.
DEPOSITION: HUGH G. HUDDLESTON..
42 years of age..
Hugh G. Huddleston (his mark).
DEPOSITION: HENRY WILLIAMS..
21 years of age..
Henry Williams (his mark).
DEPOSITION: JOHN L. HUDDLESTON..
36 years of age..
/s/ J. L. Huddleston.
Depositions taken: 12 Jan. 1848..
DEPOSITION: JOHN A. BRADFORD..
About 51 years of age..
I saw Mrs. [Margaret A.] Queen at John Watson's and in conversation with her she asked me how the law suit was going and I asked what law suit and she replied that John Welch's heirs and her brother George Welch were going to law about the estate left by her brother John . . ..
/s/ John A. Bradford.
DEPOSITION: POLLEY WELCH..
About 73 years of age..
Quest. State if Jessee and Elvira are the grandchildren of John Welch, deceased..
Ans. Yes, they are his grandchildren..
Quest. Were there several other grandchildren?.
Ans. Yes there is..
But two, Jessee and Elvira, was orphans and not under protection of a father at the time of his [John Welch's] death..
Quest. What age was Jessee when John Welch took him in his house to raise him and how long did he keep him?.
Ans. He was 14 days old when he took him. And he lived with him until he married and then one year after and at the end of the year after he married he let him go on one of his places and just the [year?] he, John Welch, died he took him in the house to live with him again but he, Jessee, had not moved his plunder to the house of John Welch until after his death but Jessee and his family came to live in the house with him before his death at the request of him, John Welch..
Quest. Please state whether Jessee and Elvira Welch are not illegitimate children or not..
Ans. Yes they are..
Quest. Please state who is said to be the father of Elivira..
Ans. Levi L. Murphee is said to be her father..
Quest. Please state whether or not part of the grandchildren of John Welch, to wit, Anna Choate's children, if they was not very poor and had no mother to take care of them..
Ans. Anna Choate is dead and her children has no mother to take care of them and they are also poor, but their father is living..
Quest. Please state whether Elvira is not most a woman gone and the balance of Anna Choate's children are small children or not..
Ans. Elvira is most grown and the balance of the children [of Anna Choate] are all small and not able to make a living for themselves except one which would leave four small children..
Quest. Please state whether Elvira has not gone to live with Levi L. Murphee or not, and whether or not he is able to take care of her..
Ans. Yes, she has gone there to live but as to his circumstances I cannot say..
Thomas Choate raised Elivira until she was able to have got her living by her work and she remained at Choate's some time after the death of her mother..
Polly Welch (her mark).
DEPOSITION: JOHN B. POINTER..
About 45 years of age..
/s/ John b. Pointer.
DEPOSITION: SAMUEL WELCH..
About 45 years of age..
Much of this is very hard to read, but apparently his father had already given him some land some years back, as well as, possibly, some money -bp..
. . . my brother James . . ..
. . . [my] uncle Geo. Welch . . ..
There is some mention of an Isaac Welch, but I cannot determine the relationship. This Isaac is elsewhere as a letter was written to him. -bp..
. . . John Welch and John Barnes, his son-in-law . . ..
. . . John Welch complained of William Stone, his son-in-law . . ..
/s/ Samuel Welch.
Depositions taken: 4 Jan. 1848..
DEPOSITION: BENJAMIN MC KEE..
Benjamin McKie (his mark).
DEPOSITION: MARY ANN WELCH..
About 50 years of age..
. . . I was noticing my brother John [Welch] . . ..
Mary Ann Welch (her mark).
DEPOSITION: MARGARET QUEEN..
About 47 years of age..
Margaret Queen (her mark).
DEPOSITION: JANE STONE..
About 42 years of age..
I am the daughter of John Welch and wife of William Stone..
Quest. Are you the mother of defendant Jesse Welch?.
Ans. Yes, I pass for it..
THE BILL OF COMPLAINT of John Barnes and Margaret his wife, James Terry and Martha, William Stone and his wife Jane, James Shoat [Choat], Austin and John Shoat [Choat], Mary and Rachel Shoat [Choat], infants by Thomas Shoat [Choat] their guardian against Jesse Welch and Alvira Welch, infants, by George Welch, the two former of Jackson Co. and the latter of the County of White, all of Tennessee..
. . . John Welch lately departed this life in the County of Jackson . . ..
NUNCUPATIVE WILL OF JOHN WELCH..
Filed 27 Jan. 1847..
Several of his children say that they heard John Welch say, on his death bed, that he wanted his wife to be well supported and the remainder of his estate to be divided equally among his heirs. -bp..
. . . John Barnes and James Terry, his sons-in-law, and Samuel Welch his son..
Depositions taken: 12 Jan. 1848..
DEPOSITION: HENRY BOHANAN..
I heard him [John Welch] say that if Jesse Welch married Cinda Huddleston that he should not have any portion whatever, no nothing, off of the place..
Quest. If Jessee Welch married the girl you spoke of or not, please state it..
Ans. It is my understanding that they were married and they are now living together as man and wife at this time..
I have been living there [with John Barnes] off and on for six or seven years or more..
[John Barnes] is my uncle..
Henry Bohanan (his mark).
DEPOSITION: AUSTIN CHOAT..
About 32 years of age..
In conversation with John Welch I have heard him say that he allowed Lewis Huddleston was urging Jessee Welch up to marry thinking that he would give him the land and then he would fool Jessee out of it, but if he married the girl he never should have nothing off of the place..
Quest. How long since Jesse married Cinda?.
Ans. I do not recollect, but it has been between three and five years..
Quest. State if John Welch was your wife's grandfather and whose daughter she was..
Ans. It is my understanding that John Welch is her grandfather and she is the daughter of John Barnes..
/s/ Austin Choate.
THE ANSWER OF LEVI L. MURPHEE, to the Bill of complaint..
23 Feb. 1847, Overton Co. TN..
Levi L. Murphee is the guardian of Alvira Welch and Jessee Welch..
/s/ Levi L. Murphee.
(found in ancestry at http://trees.ancestry.com/tree/7975194/person/356404184/story/0c4aa87a-0e5a-4096-adfc-11feec85cf77?src=search)
John married Mary "Polly" Anderson on 6 Nov 1794 in Rutherford, Rutherford Co, North Carolina. Mary was born in 1774 in Rutherford Co, North Carolina; died in 1846 in Jackson, Madison Co, Tennessee. [Group Sheet] [Family Chart]
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1865 - 1856