Notes:

Data on Gen. George Mathews, continued.


The following papers received from the Clerk's Office of Highland County, Ohio shed some light on the family and heirs of General George Mathews, as they partitioned some of the lands left by General Mathews:
"To the Court of Common Please within & for the County of Highland and State of Ohio.

"Your petitioners Robert D. Lilley & Ann E. Lilley his wife both of said County and State represent that the said Ann E. Lilley has legal title to and is seized in fee simple of one undivided seventh part and one third of one undivided seventh part of the following real estate situated partly in the said County of Highland & partly in the Counties of Brown & Adams in said State on the waters of Brush Creek, and bounded and described as follows to wit:

"A survey of 2000 acres of land on part of Military Warrant No. 1934 beginning at a white oak sugar tree and dogwood Northwest corner to John Jamison's survey No. 2045, and Southwest corner to Richard Taylors survey No 2081, running North 23 (deg) East 696 poles to a white oak and two walnuts Northwest corner to Taylor thence North 67 (deg) West 460 poles to a white oak, black oak and hickory thence South 23 (deg) West 696 poles to a hickory and two white oaks, thence South 67 (deg) East 460 poles, to the beginning.

"And your petitioners further represent that the said Robert D. Lilly as husband of the said Ann E. Lilly is entitled to courtesy in her said undivided portion of said premises. And that Ann Mathews, George Mathews, Francis Mathews, Samuel Mathews and others the unknown heirs of William Mathews, dec. are owners in fee simple of one other undivided seventh part of said real estate. And that Ann Meriwether, Mary Meriwether, George Meriwether, and others the unknown heirs of Thomas Meriwether, dec. and Rebecca Meriwether his wife also dec. formerly Rebecca Mathews, are owners in fee simple of one other undivided seventh part of said real estate and that Ann Mathews, George Mathews, Mary Mathews, Archibald Mathews and others the unknown heirs of John Mathews dec. are the owners in fee simple of one other undivided seventh part of said real estate. And that Elizabeth Mathews wife of Joseph McDowell Mathews, formerly Elizabeth Barry, Thomas Barry, John Barry & William Barry all of the county of Highland and State of Ohio as children and heirs of Andrew Barry dec. are the owners in fee simple of two other undivided seventh parts of said real estate. And that Isaac Telfair of Clinton County, Ohio is the owner in fee simple of two undivided third parts of one other undivided seventh part of said real estate. All of whom are tenants in common with your petitioners in said premises.

"Your petitioners further represent that the residence of the said Heirs of Thomas & Rebecca Meriwether dec., John Mathews dec. and William Mathews dec. are unknown to them, and they believe that they all reside without the said State of Ohio.

"Your Petitioners therefore pray that partition of said lands may be made among the parties in interest, or if the same cannot be done without manifest injury, then that such other proceedings may be had in the premises as are authorized by law.

by McDowell & Collins
their attorneys

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"The State of Ohio
Highland County
To the Sheriff of said County greeting. You are hereby commanded to summon Thomas Barry, John Barry, William Barry, Joseph McD. Mathews, & Elizabeth Mathews formerly Elizabeth Barry to be and appear before the Judges of the court of common please for said county at the court house in Hillsborough on the first day of their next term to answer a petition in chancery exhibited against them & others by Robert D. Lilly and Ann E. Lilly his wife and this they shall in no wise omit under the penalty of one thousand dollars and hand them there this writ. Witness Samuel Bell, Clerk of said Court this lOth day of January 1843.

Attest Samuel Bell Clk

"I acknowledge Service of the within writ.
John Barry

"John Barry acknowledges service served on the other defendant by reading and by copy of this writ left with each of them March 13th 1843.
Bery Chany, Shff
by J. N. Mullin

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"State of Ohio
Highland County Court of Common Pleas

"March Term AD 1843. J. R. Ervin Editor and Publisher of the Hillsboro Gazette a newspaper printed and published weekly in Hillsboro in said county made oath in open court that the notice of Petition for Partition of which the annexed is a copy and one insertion was inserted and regularly published in said paper weekly and from the 20th day of January, 1843, to the 20th day of February 1843, being six consecutive weeks.

"Sworn to and subscribed in open Court March 16th 1843.

Attest: Samuel Bell, Clk

[Attached to the foregoing is a copy of said newspaper notice].

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"This cause came on to be heard upon petition & on motion of counsel. In consideration whereof it is ordered that by the oaths of Abraham Lowman, Daniel J. Fallis and Jacob Bishir that partition of said lands in said petition described in the following Proportions to wit: to the Robert D. Lilly & Ann E. Lilly his wife one seventh part and one third of one seventh part, to Ann Mathews, George Mathews, Francis Mathews, Samuel Mathews and others the unknown heirs of William Mathews, dec'd one seventh part. And to Ann Meriwether, Mary Meriwether, George Meriwether and others the unknown heirs of Thomas Meriwether dec'd and Rebecca Meriwether dec'd, formerly Rebecca Mathews, one seventh part. To Ann Mathews, George Mathews, Mary Mathews, Archibald Mathews and others the unknown heirs of John Mathews dec'd & to Elizabeth Mathews wife of Joseph McDowell Mathews formerly Elizabeth Barry, Thomas Barry, John Barry & William Barry, children & heirs of Andrew Barry dec'd two equal seventh parts. To Isaac Telfair one equal two thirds of one seventh part. And it is further ordered that a writ of partition issue to the Sheriff of Highland County commanding him partition made accordingly.

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[NOTE: the second page of the foregoing instrument was missing from the documents furnished.]

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"STATE OF OHIO HIGHLAND COUNTY SS
To the Sheriff of Highland County, Greetings

"We command you that without delay by the oaths of Abram Lowman, Jacob Bishir & Daniel J. Fallis you cause partition of the following real estate situated partly in the county Of Highland and partly in the counties of Adams and Brown in said State on the waters of Brush Creek and bounded and described as follows, to-wit:

"Survey of 2000 acres of land on part of Military Warrant No 1934,- Beginning at a white oak, sugartree & dogwood northwest corner to John Jamisons Survey No 2045 and Southwest corner to Richard Taylors Survey No 2081 running North 23 (deg) East 696 poles to a whiteoak and two walnuts, Northwest corner to Taylor, thence North 67 (deg) West 460 poles to a white oak, black oak & hickory, thence South 23 (deg) West 696 poles to a hickory & two white oaks, thence S 67 (deg) East 460 poles to the beginning-

"Among the following persons and in the following proportions to wit: To Robert D. Lilly and Ann E. Lilly his wife one equal seventh part and one third of one seventh part, and to the said Isaac Telfair two thirds of one equal seventh part. To Ann Mathews, George Mathews, Francis Mathews, Samuel Mathews and others the unknown heirs of William Mathews dec'd one undivided seventh part. To Ann Meriwether, Mary Meriwether, George Meriwether, and others, the unknown heirs of Thomas Meriwether, dec'd and Rebecca Meriwether, his wife also dec'd, formerly Rebecca Mathews, one equal seventh part, To Ann Mathews, George Mathews, Mary Mathews & Archibald Mathews and others the unknown heirs of John Mathews dec'd one equal seventh part. To Elizabeth Mathews wife of Joseph McDowell Mathews formerly Elizabeth Barry, Thomas Barry, John Barry & William Barry children and heirs of Andrew Barry dec'd, two equal seventh parts. And that your proceedings in the premises you distinctly certify under your hand to our Court of Common Pleas within and for said County of Highland at their next term together with this writ.

"Witness Samuel Bell Clerk of said Court this 19th day of March 1843.
Attest: Saml Bell Clk

"State of Ohio
Highland County SS
Before me, the undersigned, a justice of the peace in and for said county, personally came Abraham Lowman, Jacob Bishir and Danl J. Fallis, commissioners appointed by Court to make partition as directed in the within Order, and took an oath truly and faithfully to perform the duties assigned them and required of them in said order & make report of their doings according to law.

Witness my hand this 19th day of March 1843.
William J P (Seal)

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"Robert D. Lilly & wife
vs WRIT OF PARTITION
Mathews heirs
We the Commissioners appointed in this cause to make partition in the following real estate, situated partly in the County of Highland and partly in the Counties of Adams & Brown, in the State of Ohio on the waters of Brush Creek, and bounded and described as follows, to-wit:

"Survey of 2000 acres of land on part of Military Warrant No. 1934. Beginning at a white oak, sugartree & dogwood, Northeast corner to John Jamisons survey No 2045, and southwest corner to Richard Taylors survey No 2081, running North 23 (deg) East 696 poles to a white oak and two walnuts, North west corner to Taylor, thence North 67 (deg) West 460 poles to a white oak, black oak & hickory, thence South 23 (deg) West 696 poles to a hickory & two white oaks, thence South 67 (deg) East 460 poles to the beginning.

"Among the following persons and in the following proportions to-wit:

"To Robert D. Lilly and Ann E. Lilly his wife, one equal seventh & one third of one seventh parts.

"To Isaac Telfair two thirds of one equal seventh part.

"To Ann Mathews, Geo. Mathews, Francis Mathews, Saml. Mathews & others, the unknown heirs of William Mathews, dec'd One seventh part.

"To Ann Meriwether, Mary Meriwether, Geo. Meriwether and others the unknown heirs of Thomas Meriwether dec'd & Rebecca Meriwether his wife also dec'd, formerly Rebecca Mathews, one equal seventh part.

"To Ann Mathews, Geo. Mathews, Mary Mathews & others, the unknown heirs of John Mathews dec'd one seventh part.

"To Elizabeth Mathews wife of Joseph McD. Mathews, formerly Elizabeth Barry, Thomas Barry, John Barry & William Barry, children & heirs of Andrew Barry, dec'd, two equal seventh parts,

"and having been duly sworn, upon actual view of the premises do set off and assign to the said Robert D. Lilly & Ann E. Lilly his wife for their share of said lands so much thereof as is contained within the following limits:

"Beginning at a white oak, black oak & hickory, Northwesterly corner of the original survey, running thence with the North line thereof South 67 (deg) East 233 poles to a black oak & gum, thence South 13 (deg) W 250 poles to two hickories & black oak, thence S 9 (deg) W 224 poles to a dogwood ash & hickory, thence S 23 (deg) W 17 poles to two Ashes & elm, thence N 67 (deg) W 164 poles to a stone; thence N 23 l/2 (deg) E 128 poles passing a walnut near the head of a spring (Known by the name of the Rockey Spring) at 16 poles, to a stake, thence N 67 (deg) W 38 poles to two small whiteoaks & Elm, near the Brown Road, thence with said Road N 8 (deg) W 38 poles to a Red Oak, thence with said road N 11 (deg) E 230 poles to a white oak & black oak, thence N 67 (deg) W 75 poles to two hickory & black oak in the original line of the survey, thence N 23 (deg) E 100 poles to the beginning. Containing 441 acres of land more or less.

"and we also set off and assign to the said Isaac Telfair for his share of said lands, so much thereof as is contained within the following limits:

"Beginning at two hickories & black oak in the original line standing S 23"20' W 100 poles from (a black oak, white oak & hickory) the Northwest corner of the original survey, running thence with said old line S 23"20' W 381 poles to a hickory ash & gum, thence 67" E 158 poles to a stone thence N 23 l/2" E 128 poles, passing a black walnut near the head of a spring (known by the name of the Rockey Spring) at 16 poles, to a stake; thence N 67" w 38 poles to two small white oaks & elm, near the Brown road, thence with said road N " W 38 poles to a Red Oak; thence with said road N E 230 poles to a white oak & black oak, then N 67" w 75 poles to the beginning, containing 273 acres of land more or less.

"And we also set off & assign to the said Ann Mathews, Geo. Mathews, Francis Mathews, Samuel Mathews & others the unknown heirs of William Mathews dec'd in severalty for their share of said lands, so much thereof as is contained within the following limits:

"Beginning at two white oaks & hickory, Southeast corner of the original survey; thence with the West line thereof N 23"20' E 315 poles to a hickory ash & gum, thence S 67" E 96 poles to a dogwood hickory & gum, thence S 23" W 84 poles to two small hickories thence S 67" E 86 poles to a white oak (dead & down) in the edge of the Brown Road, thence with said road S 8" W 70 poles to a whiteoak near said road, thence S 8" E 188 poles to an ash near said road in the south line of said survey, thence with said old line N 67" w 294 poles to the beginning, containing 390 acres more or less.

"And we also set off & assign to the said Ann Meriwether, Mary Meriwether, George Meriwether & others, the unknown heirs of Thomas Meriwether, dec'd and Rebecca Meriwether, his wife, also dec'd, formerly Rebecca Mathews in severalty for their share of said lands, so much thereof as is contained within the following limits:

"Beginning at an ash in the south line of the original survey near the brown road, thence with said road N 8 (deg) W 188 poles to a white oak near said road, thence N 8 (deg) E 70 poles to a whiteoak (dead & down) in the edge of said road, thence N 67 (deg) W 86 poles to two small hickories, thence N 23 (deg) E 84 poles to a dogwood, hickory & gum, thence N 67 (deg) E 226 poles to two ashes & elm, thence N 23 (deg) E 17 poles to a dogwood, ash & hickory, thence S 67 (deg) E 34 poles to a sugartree & white oak, thence s 23 (deg) W 152 poles to three maples, thence S 67 (deg) E 16 poles to white oak & dogwood, thence S 25 (deg) poles to a hickory, dogwood & elm in the South line of the original survey, thence with said line N 67 (deg) W 82 poles to the beginning, containing 340 acres more or less.

"And we also set off and assign to the said Ann Mathews, Geo. Mathews, Mary Mathews, Archibald Mathews, & others the unknown heirs of John Mathews dec'd, in severalty for their shares of said lands, so much thereof as is contained within the following limits:

"Beginning at a sugar tree south east corner of the original survey, thence with the south line thereof N 67 (deg) W 187 poles to a hickory, dogwood & elm, thence N 23 (deg) E 178 poles to a whiteoak & dogwood, thence N 67 (deg) W 16 poles to three maples, thence N 23 (deg) E 152 poles to a sugar tree & white oak, thence s 67 (deg) E 64 poles to two whiteoaks, thence N 23 (deg) E 14 poles to a white oak & dogwood, thence S 77 (deg) E 140 poles to a whiteoak, dogwood & hickory in the East line of the original survey, thence S 23 (deg) W 362 poles to the beginning, containing 415 acres, more or less.

"And we also set off and assign to the said Elizabeth Mathews, wife of Joseph McDowell Mathews formerly Elizabeth Barry, Thomas Barry, John Barry & William Barry, children & heirs of Andrew Barry dec. in severalty for their shares of said lands so much thereof as is contained within the following limits:

"Beginning at a black walnut & white oak Northeast corner of the original survey, running thence with the East line thereof S 23 (deg) W 443 poles to a whiteoak, dogwood & hickory, thence N 77 (deg) W 140 poles to a white oak & dogwood, thence S 23 (deg) W 14 poles to two white oaks, thence N 67" w 98 poles to a dogwood ash & hickory, thence N 9 (deg) E 224 poles to two hickories & blackoak, thence N 13 (deg) E 250 poles to a black oak & gum in the North line of the original survey, thence with said line S 67 (deg) E 332 poles to the beginning, containing 788 acres more or less.

"Given under our hands this 18th day of March 1843.

Abraham Lowman
D I Fallis
Jacob (his x mark) Bishir
Commissioners

On motion to the court by counsel of Petitioner and upon producing the proceedings of the Sheriff and also the report & proceedings of the commissioners, hereinbefore appointed and the same being examined, it is ordered that the said proceedings and report be and the same are hereby approved and confirmed & that the said parties hold in severalty the shares set off and assigned to each respectively by the said commissioners and it is further ordered that the costs and expenses of the suit taxed and the attorneys fee set at one hundred dollars be paid within forty days by the parties in proportion to their respective interests and in default thereof that execution issue as in other cases therefor.
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Thus far it has not been possible to determine whether John Mathews' heirs ever claimed their portion of said lands, or any of the other heirs for that matter.
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Serendipity is defined in one dictionary as the phenomenon of finding valuable or agreeable things not sought for. In forty years of family research I have had one or two serendipity experiences, but they pale by comparison to this tale. A few years ago, Julia Mathews Dulas and her daughter Susan Cox were browsing in a used book store in a small town near Sacramento when Susan stumbled upon a Land Grant signed by their ancestor, Gov. George Mathews. Granted, it was a printed form, one of hundreds that must have been signed by Gov. Mathews during his term in office, but even the Georgia Department of Archives and History only possesses one document signed by Gov. Mathews.
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