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Thaddeus O'Malley's Timber Culture Grant

Earlier this year, I researched a man named Thaddeus O'Malley to determine if he could be related to my second-great-grandmother Catherine Ryan Gilbride. Thaddeus O'Malley and his wife Honora McNally are the common ancestral couple to several of my DNA matches. My hypothesis is that they are related to Catherine's line in some way, as I cannot account for them in any other direct line. This research at present is stalled...and a job for another day. I did learn something new, though, while looking into Thaddeus O'Malley's life. He was granted a land patent in Nebraska in 1892. It was a Timber Culture land patent—an unfamiliar type. The Timber Culture Act was passed in 1873, and followed the Homestead Act of 1862. It awarded up to 160 acres of public land after applicants made improvements, including planting 40 acres of trees on their land (later lowered to ten acres). The program aimed to provide lumber to residents of the Great Plains for building and fuel, and al
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A Misapprehension of Facts: The Will of James Gilbride


Detail of James Gilbride's "goods and chattels," listed in his estate appraisal. 1


I am participating in 52 Ancestors in 52 Weeks, a writing challenge encouraging genealogy researchers to write about their ancestors, hosted by podcaster Amy Johnson Crow.

 This week's prompt: Where There's a Will


 By Nancy Gilbride Casey


"Goods and chattels." A "misapprehension of facts." A curious timeline. Deciphering James Gilbride's estate documents was an interesting task. The earliest will yet found in my paternal line was filed along with other estate documents at the Wayne County, Pennsylvania courthouse in Honesdale in 1872.

The documents set out a perplexing timeline: James' will is the last item filed with the county, when usually, it is the first document registered just before a person died.

The timeline begins on 11 March 1872 when James' son Owen submits a letter to court to, "protest against the probate of any Last Will & Testament or Instrument in the nature thereof being or pretensing to be the testament and last will of the said James Gilbride until examination thereof in the proper Courts, and the Decree of The said Courts be therein Pronounced."2 Why? Was Owen unsure if James had a will? Was he worried that a forgery might come to light?

Surprisingly, the same day Owen submits a second letter to court relinquishing his right to administer the estate in favor of a George Hittinger.3

In a third action that date, bonds of administration were posted, signed by Hittinger, Owen, and James B. Eldred. The $1,000 bond assured that Hittinger would faithfully administer James Gilbride's estate.4 That Hittinger was appointed an administrator is a clue that the men believed James died intestate—without a will.
    On 14 March 1872, Hittinger appoints two other men, Charles Daniels and Daniel McFarland, "to value & appraise the Goods & Chattels, Rights & Credits of said Deceased." They performed their appraisal of James' goods and chattels (personal property), and submitted it to court on 19 March 1872.5

    The appraisal document (shown above), is one of the most interesting, as it details James' most important property. He was a farmer and so owned valuable livestock and farm implements. In fact, livestock comprises the majority of his possessions, and range from "one iron gray horse geldin," valued at $100, to a $15 "spotted 2 year old heffer."6

    James also owned a "two horse waggon and boddy," worth $40, and a "pare Bob Sleighs" worth $5.

    Shovel plow, circa 1849. James' plow may have looked similar to this, and was listed as part of his estate.

    His farm implements included a "shovel plow" and "harrow" worth two dollars each, and a "fanning mill" worth five dollars. The valuable items inside his house were a "cooking stove" appraised at $15, a "heating stove" worth $5, and a "clock," worth $2. It could be that any furniture, crockery, linens or other items had already been given away or were not valuable enough to be counted as part of the estate. James' property was valued at $544—$430 of which was livestock.7

    Then, on 8 May 1872, Hittinger submits a letter to court admitting he had been operating "under a misapprehension of the facts," and that James did indeed have a will, and had appointed his youngest son, Francis, as his executor. Hittinger relinquished his right to administer the estate, and Frances swore an oath in court that he would, "well and truly Administer the goods and chattels, rights and credits of said deceased, according to law..."8

    Finally, on 15 May 1872, James' will is filed at court. Written 5 March 1872, the will is witnessed by Patrick McAndrew and George F. Shearer. In it, James names his children and bestows their inheritances: Martin, Michael, Owen, James and Rose (Cavanaugh) are to receive $5 apiece.9

    A five dollar inheritance might seem a small legacy to leave to one's children. It is likely that the five eldest children were given this token as they were already adults, married with families, and living on their own: Martin was farming in Minnesota; Michael was a miner in Pittston, Luzerne County; Owen worked as a canal boatman for the Delaware & Hudson Canal; James was a miner in Scranton, and Rose was married and settled in nearby Lackawaxen, Pike County (her husband Patrick was a lock tender on the same D & H Canal). Notably absent are James' wife Mary, who had died in 1854, and his other two children Mary Gilbride McDonald and Patrick, also deceased. 10 11 12

    "And as touching all the rest, residue and remainder of my estate...I give, desire and bequeath the same unto my son Francis Gilbride..."13 Francis was unmarried, living with his father, and laboring on his farm.14 It made sense that the rest of the estate would fall to him, and that James would trust him with the most important final task—that of seeing his final wishes were carried out.

    Page one of James Gilbride's will, filed at the Wayne County Courthouse in May 1872.



    Page two of James' will, witnessed by Patrick McAndrew and George F. Shearer. James signed by mark, meaning that he could not write.


    Until next time...


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     NOTES

    1 Wayne County, Pennsylvania, probate file 1383, James Gilbride; Register of Wills Office, Honesdale.
    2 Wayne Co. Pennsylvania, probate file 1383.
    As deaths were not required to be formally recorded until 1906 across Pennsylvania, this is the closest estimation of James' death date available: between 5 March—when he signed his will—and 11 March 1872, when Owen made the statement of James being "...late of Paupack..."
    3 Ibid.  
    4 Ibid.
    5 Ibid.
    6 Ibid.  
    7 Ibid.  
    8 Ibid.  
    9 Wayne County, Pennsylvania, probate file 1401, James Gilbride; Register of Wills Office, Honesdale.
    It is suspected that Patrick McAndrew, witness to James' will, may be the same Patrick McAndrew whose daughter Margaret married James' great-grandson John Joseph Gilbride—and became my great-grandparents.
    10 Ancestry, Find a Grave (https://bit.ly/3d776g7 : accessed 2 May 2020) Mary Catherine Hart Gilbride (1855), memorial 190611298.  
    11 Ancestry, Find a Grave (https://bit.ly/3aZm4mM: accessed 2 May 2020) Mary Gilbride McDonald (1854?), memorial 198630037.
    12 Ancestry, Find a Grave (https://bit.ly/2KQsp9C : accessed 2 May 2020) Patrick Gilbride (1854), memorial 198630128.
    13 Wayne Co. Pennsylvania, probate file 1401.  
    14 1870 U.S. Census, Wayne, Pennsylvania, population schedule, p. 15 (penned), Paupack Township, dwelling 121, family 122, household of James Gilbride; image Ancestry (https://ancstry.me/2VUZCXR: accessed 2 May 2020); citing NARA Microfilm Publication M593, Washington, D.C., FHL film 552963.

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