Archive for the ‘Court Records’ Category

McLendon Vs Woodward

May 22nd, 2011

Genealogists and family historians frequently overlook Court records. Finding aids are rare, making the task extremely time consuming. The search can be streamlined when researchers make use of law libraries. Unfortunately, law libraries don’t always provide a warm and fuzzy feeling. As a consequence it is important to become familiar with some of the types of books that will lead users to court records. Family disputes generally provide wonderful genealogical data.

Law libraries contain a large variety of resources including federal code and acts of Congress; state codes and session laws; case reporters; digests; and legal periodicals and indexes. It is common for the library to emphasis a particular geographical region and their collection will not contain every volume for every state. Some state archives will also have state code, digests, and reports for that particular location.

Work  in law libraries is enhanced when one has access to any of the following Online databases: WestlawPro, LexisNexis, and HeinOnline.

I’ve had the good fortune of taking the Government Documents class at the Institute of Genealogical and Historical Research at Samford University, Birmingham, Alabama. Part of our studies included exercises to help us become acquainted with the Lucille Stewart Beeson Law Library. While browsing through the Reports of Cases in Law and Equity Argued and Determined in the Supreme Court of the State of Georgia, Atlanta, March Term: Milledgeville and Athens, May Terms, Savannah and Part of the Decisions at Macon, June Terms, 1858 [Columbus Georgia: 1859], I finally found the evidence I needed to demonstrate that Aaron Woodward was the father of a daughter, Sarah (“Collie”). I had hypothesized that Sarah was his daughter when I located her marriage record to Thomas McClendon in Jackson County, Georgia, on 4 April 1819 [Jackson County, Georgia, Marriages, 1805–1861, p. 120].  Aaron was residing in Jackson County at the time and was the only logical male to have been her father, but I’d not been able to locate any record showing a connection between the two.

In the summary of the court case heard by the Supreme Court of Georgia (appellate court) demonstrated that the plaintiff wished to have the decision of a lower court (Butts County Equity Court) overturned. The Plaintiffs were Thomas McLendon, his wife and others, heirs and distributes of Aaron Woodward, deceased, late of Butts County. The Defendants were William J Woodward, administrator of  said deceased, and Newdigate H. Woodward, Robert Woodward, and Aaron Woodward, sons and heirs at law of intestate. The summary of the case as it appears in the Reports of Cases in Law and Equity is available in PDF form on the Woodwards WeSearch website.

As with any published source, researchers should always try to get as close to the original record as possible. In this instance the actual case files were located at the Georgia Archives in Supreme Court Cases, Pre-1917. The case, McLendon vs. Woodward consisted of 105 folios

© Linda Woodward Geiger. All Rights Reserved.
Linda@WoodwardsWeSearch.com

 

Missing Daughter

December 24th, 2010

A large engraved boulder memorializes Aaron Woodward (abt. 1766 – 13 Jan 1851) and his wife, Chloe (Owsley) Woodward (abt. 1770-1840) and lists their children (actually all but one of their children). The monument is in a small graveyard just west of I-75 and Ga 16, called “Woodward Cemetery” on the Georgia Department of Transportion Butts County Map — a portion of that map has been reproduced here and you’ll notice “Woodward Cemetery” in the western portion of the map and the “Towaliga Cemetery” discussed in yesterday’s post in the eastern portion of the map. Wm. J. Woodward, buried in Towaliga Cemetery is the son of Aaron and Chloe.

The monument (badly stained by the elements) lists eight children: Hannah Woodward Lee, Nancy Woodward Blessett, Polly woodward Parham, Matilda Woodward Gray, William J. Woodward, Aaron Woodward Jr, Newdigate H Woodward and Robert J. Woodward. The eldest child, Sarah “Colley” Woodward who married Thomas McClendon on 4 April 1819 in Jackson County, Georgia [Jackson County, Georgia, Marriage Records, Volume: 1805-1861; Georgia Archives microfilm drawer 162, box 45], is not listed. Why? Was she estranged from the family, or was she simply forgotten?

You may ask how do I know she is a daughter of Aaron and Chloe and why do I suggest she may be estranged from the family? Prior to his death Aaron distributed most of his land holdings to his sons. He, apparently, died intestate, however, very little remained in his estate, since he had given the land away (mostly by deed of gift). Reports of Cases in Law and Equity Argued and Determined in the Supreme Court of the State of Georgia, Atlanta, March Term [Volume XXV, page 252-257], summarizes the case of “Thomas McLendon and wife and others, plaintiffs in error, vs. N.H. Woodward and others, defendants in error.” Thomas and his wife were listed as heirs of Aaron Woodward, deceased, late of Butts County. A copy of the summary is available at http://woodwardswesearch.com/Georgia/McLendonVsWoodward_summary.pdf.

(c) 2010 Linda Woodward Geiger, All Rights Reserved.
Linda@WoodwardsWeSearch.com.