Relatively Speaking Blog

Recently I have been going through papers I had set aside some time ago for “review at a later date”. These include documents I have accumulated on various genealogy trips to courthouse, libraries, as well as online research. As I read over some of these I have found a few forgotten gems that are buried in these papers. In this stack were several deeds from 1817 for George Conn in Fayette County, Pennsylvania.

George, my 5th great grandfather, was one of the early settlers of Georges Township, Fayette county, PA before the Revolutionary war. The Biographical & Portrait Cyclopedia of Fayette County, Pennsylvania asserts George arrived in Fayette County around 1759 and that he laid claim to land with a “Tomahawk Right.” With Tomahawk Right, as Wikipedia explains, the claimant “girded”, or cut a ring around the bark of “several trees near a spring then blazed the bark of one or more with their initials or name.” This practice was “recognized by the early settlers…who did not want to enter into a controversy with the claimants who made them.” But not all observed the custom.

The Cyclopedia of Fayette County mentions that about a year later, a portion of George’s claim was challenged by a man named Powell. The history recounts, “They agreed to settle their quarrel with a fight. They fought near [Powell Spring].” George Conn was victorious and won the 400 acres he had staked out. Further details about the dispute were not given, but in 1769 George had 294 acres of land surveyed, which he called Constantinople; a patent for this property was granted and dated 22 May 1793 and was recorded in Patent book 19. George had another one hundred and twelve acres of an unnamed tract recorded with a patent dated March 1817. Both of these property were referenced in the deeds I have for George.

Although some of the deeds were recorded at different times, they were all dated 25 October 1817, one month after George’s death. He had died intestate, or without a will. However, each record stated that “before his death [George] caused the said two tracts of land to be surveyed, laid off and divided into seven parts with the view and intention of giving and conveying them to seven of his children.” But he was unable to perform the sale to his children before he was “suddenly visited by death.” These deeds were instruments of George’s children distributing his property according to his wishes.

The typical information contained in a deed are details about the land transfer, such as buyer, seller, sale price, date, property description and sometimes a reference about preceding transactions. Besides this information, deeds written after a person’s death usually contain information about the heirs and where they lived. For the distribution of a decedent’s property to occur, the surviving heirs and their spouses signed their names to surrender their claims. These releases are valuable for those who die intestate and can be a substitute for a will to provide proof of lineage and distribution of property. These instruments dispensing George’s property do just that.

Reading over these documents George’s nine children are mentioned along with their spouses, namely: George Conn and Rachel; James Conn and Sophia; Clements Conn and Margaret; Isaac Conn and Nancy; Jacob Conn and Eleanor; William Conn and Sarah; John Conn and Elizabeth; Sarah Phillips and Isaac; Lydia Fowler and Caleb. In families throughout time there might be litigation and lawsuits as heirs fight over a parent’s possessions, but surprisingly, the Conn children were all in accordance of seeing their father’s wishes implemented. As the deeds repeatedly state: “we the said heirs & children being mutually willing and agreed that the said intention of the deceased should be carried into effect.”

“For and in consideration of the said will and intention of the deceased,” John, James, Lydia, Jacob, George, Clement and Isaac were deeded property for the sum of $1. In the deed to Jacob, their siblings added a note of “their affection for Jacob Conn” as well as the sum of one dollar in their consideration of granting him the land. All but Lydia received about 51 acres of land; she was deeded 12 acres for her inheritance. Together these account for just over 300 of the 400 acres George owned. In 1815 George generously sold a piece of ground to the trustees of Harmony School to erect a school house for $1, but most likely there is some other transaction for the remaining acreage.

It is unclear why son William Conn or daughter Sarah Phillips did not receive property. Perhaps George arranged for them to receive a cash inheritance instead of property; this would not be recorded in a deed. As noted in each of the records William’s wife was also named Sarah. At the bottom of land transfers all parties sign an affidavit to declare their intention of selling the land. Wives were examined apart from their husbands to determine that they agreed to the transaction of their own free will. It is interesting to note that everyone signed in Fayette County, except William’s wife; hers was sent from Muskingum County Ohio. If William lived in Ohio, this would explain why he would not want property in another state for an inheritance. But it would seem that his affidavit should have come from Ohio as well. Finding a distribution report of George’s estate, if one exists, might provide an answer.

Of the seven deeds, the one of greatest personal interest to me was that of my direct ancestor Lydia. Lydia married Caleb Fowler, and this document provides evidence of their marriage and confirms Lydia was indeed a daughter to George Conn when it listed, “Caleb Fowler his heirs and assigns in trust and for the use of Lydia Fowler aforesaid wife of said Caleb Fowler for and during her natural life.” As this sentence continues, it contains another piece of valuable genealogical information, “then and at her death to go to her son John Fowler his heirs and assigns forever.” In this one deed three generations of my ancestors were mentioned; this does not occur often. None of the other deeds for George listed any grandchildren, so this is a fortunate citation for Fowler descendants. John was the only known child of Caleb and Lydia, and his lone mention supports the opinion he was their only child, at least the only one that reached adulthood.

When an ancestor dies without leaving a will, the next best thing is to find the transfer of property, like those of George Conn. These rediscovered deeds are a treasure trove of genealogical evidence. Although George died at the age of 81, several deeds expressed that his death was sudden, suggesting that he was not in poor health prior to his passing. The names of his nine children were listed, providing proof of his offspring, as well as three generations of my lineage. Why he omitted giving land to two of his children can only be surmised, but he was respected by all of them as it was expressed in writing that they willingly agreed to honor their father’s intentions. It is fortunate that George’s wishes were fulfilled and recorded to still view today. I can only hope that my pile of papers hold other nuggets as enlightening as these deeds have been in providing greater knowledge into my Conn-Fowler ancestors.