John NEWBERRY

                   NOTE:
      Martha or Polly
                  

                   RESEARCH NOTE:
      Extensive historical details in PAF notes.

PARENT CONNECTION:
    Evidence of correct parentage comes from the book "Early Members of the Reorganized Church of Jesus Christ of Latter-day Saints"

The following was taken from Ancestry World Tree notes for James Newberry:

The following is new research information about individual subjects within the Newberry family. This information will be entered in chronological order as per the date it is found.March 2001 - Raymond Gunn generously shared with me the following information that was foundin his father?s (William Henry Gunn) papers regarding the Newberry family. His wife and Ray?s mother was Cloda Newberry Gunn.James A. NewberryJames A. Newberry a native of Orange County, N.Y. was engaged all his life in agricultural pursuits. He was married in early manhood to Miss Mary Smith, who was also born and raised in New York State. Both families came of excellent stock and were early settlers of the Empire State. Their marriage was celebrated in Orange county, and they became the parents of four children. A.B. Newberry was a child of only five years of age when his parents left their native state and county and went into Pennsylvania. There another child was born (J.W.) and subsequently the family removed to Lorain County, Ohio where they lived for a few years, thence turned their faces westward, crossed the Mississippi, went into Missouri, and located in Clay County, on a tract of new and unimproved land. They remained there for two years, removing to Caldwell County, same state where they located upon another new farm, and from there removed into Iowa and located upon the land which now constitutes the family homestead. Here the children were reared to years of maturity and the father afterwards went to Mills County, Iowa, where he died in 1883 at the age of ninety years. In 1838 the family made their home in Hancock County, Illinois, and there the mother departed this life in 1842 at an advanced age. Any marriages subsequent to the death of his wife Mary in 1842 are not recorded in these statistics.Information added below by Sue Simonich derived from information above and family information and other sources.James and Mary left Warwick sometime between 1820-21. By 1823 they lived in or visited Strongsville, Ohio. This is where Hannah Maria was born. It appears that they lived in Brownhelm until August of 1832 and maybe longer. James was baptized in 1831 by Edson Fuller in Kirtland, Ohio which is some distance from Brownhelm but on Lake Erie. James may have heard the gospel in Kirtland as he was traveling back to N.Y., as Kirtland was on the colonial highway/Indian trails leading between the east and west. James may have been traveling back to bring provisions to his family for the winter in N.Y., as the east had been trapped out.Between the years of 1832 and 1839 they moved with the Mormons to Missouri - first in Clay County for two years, and then to Far West in Caldwell/Jackson County. The mobs drove the Mormons from Missouri. James was appointed by the Church to lead the Mormons out of Missouri to a safer haven. This was accomplished by traversing Indian lands. This information is found in Susan Easton Black's publication about Far West. The Indians were sympathetic and friendly toward the Mormons and their plight as they had suffered the same for two centuries.By 1840 there were only a few counties on the eastern border of Iowa and the Mississippi River that were established and settled. Everything to the west was considered Indian Territory.The Newberry?s lived on the Half-Breed Tract in Lee, County Iowa in 1839. James went to Nauvoo and was given a tract for a small house.His sons J.W. and Abraham ages 19 and 22, kept the properties on the Half-Breed Tract, which became the family homestead when the government finally took control and sold it to settlers or those who were already living upon the land.According to Joseph Smith's journal the Saints were not settled in Nauvoo until 1839. On November 20, of 1842, Mary died in Nauvoo. She is buried in the Old Nauvoo burial ground.James headed for western Iowa (Mills Co., and Pottawattamie Co.) in 1846 with two polygamous wives, Elizabeth Haskins and Sybil Pulsipher. James was also possibly married to Nancy Brown in October of 1843. See information written by Zerah Pulsipher her brother. James Newberry's son Abraham had a son Orson O. who lost his portion of the family homestead in a gambling scam with some mobsters sometime later in the centurySource of the Following: Sue Simonich, Goldsage@aol.comJames was married three times and perhaps four. Spouse #2 was ElizabethHaskins by whom he had children. Spouse #3 was Sybil Pulsipher by whomthere were no children. It is thought spouses #2 & #3 were pluralmariages, allowed among the Mormons. Spouse #4 is unknow but was thoughtto be a Native American teenage girl he married in his 90th year.---------------------------------------------------------------------------------------------------Contributors to the following Probate record are Janice Robinson, SueSimonich and the Pottawattamie County, Genealogical Society Records.Probate of James Newberry?s Will - 1880-1884Transcription by Sue Simonich - November 2001; from records provided byPottawattamie County Genealogical Society to Janice Robinson.I have previously transcribed James Newberry?s will and some documents that were attached, so I will not do that again here. I want to address the probate. James died July 10th or 11th, 1880. The probate was not complete until 1884. There is a lot of interesting information here that shows what James? last days were like for him.When originally writing his will, James requested Levi Graybill and Sidney Pitt to be the executors. When James ultimately expired, theydeclined the job of executors and formally requested to be replaced. Thereasons are not clear with the documentation that I have. However, theprobable reason for the change may be because James left insufficientfunds to pay his debts, and in his will he stipulated that the RLDS church should be heir to his real property. Samuel C. Smith who appears to be an attorney replaced Graybill and Pitt. Samuel was also part ofthe extended family and related to Graybill through his wife Patience.It does not appear at this time, that this Samuel is related to James?first wife Mary Smith, whose father was also Samuel Smith.The Heirs Apparentlisted by the Circuit Court of Pottawattamie County Iowa are as follows:Jolana E. (Emily) Wineger 29 Wheelers Grove, Pottawattamie Co., IowaAlma M. Newberry 36 Westphalia, Shelby Co., IowaJoseph H. Newberry 32 Hastings, Mills Co., IowaHeber Newberry 31 Wheelers Grove, Pottawattamie Co., IowaSecratus (Newberry) Williams 35 Wheelers Grove, Pottawattamie Co., Iowa(This man was a stepson of James Newberry - son of Elizabeth HaskinsChurch of Jesus Christ of Latter-day Saints J.L. Rogers (Church Agent of the above named) Sandwich, DeCab Co., Illinois.This legal instrument was written by S.C. Smith and signed on 23 March1881 in front of N.H. Bogue - Justice of the Peace.Because the estate was not large enough to cover James? debt, it wasdetermined that the piece of land that he owned north of Farm Creekdescribed as ?The SE ¼ of the NE ¼ and a part of the NE ¼ of the SE ¼ alllying north of Farm Creek. The widder of the creek being the line, allsection 21 twnsp 74 Range 39? should be sold to cover the debts.A classified ad was run in the local newspaper the Non Parariel calling for others who would be interested in the probate who held an outstanding debts against James. Several people came forward. Some were determined not to be real debts.These were James Denton for $28.00, Samuel Winegar no amount shown, P.E.Knapp for 14.55, R.W. Briggs no amount shown, Secratius Newberry for $38.85 and A.F. Clatterbuck, with no amount shown.The only person on this document who was determined to have a legitimate claim against the estate was Secratius Newberry (Williams). The document was signed 28 March 1881.*Another person came forward with a claim against the estate. This person appeared to be a shop keeper by the name of L.O.Woodmancy.Woodmancy LedgerThe following is a transcription is the tabulation of debt that James had on account with Woodmancy. Each item is priced on the sheet and then totaled to the right of the entry.1879Nov. 19 sugar .25ginger (.10), na
ils(.5) .15Nov. 29 prints (.98) tobacco (.25) 1.23Cauton Flannel .08Dec. 3 prints (.05) rubber (.05) Needles (.05) .15Dec. 16 prints (.84) batting (.60) twine (.25) 1.69Dec. 27 sugar (.50) tobacco (.25) ginger (.20) .95Dec. 30 yarn (.80) Cauton flannel (.05) .85Jan. 3, 1880Cauton Flannel .45Jan. 22 Sassafras (.10) salts (.10) .20Feb 3 Sugar (.50) tobacco (.25) .75March 18 Tobacco (.25) spice (.10) thread (.05) .40March 31 sugar (.25) candy (.05) .30April 16 nails (.25) blueing (.05) .30April 19 nails (.25) gum (.05) .30April 21 sugar .50May 10 tobacco .25May 15 sugar .50June 28 sugar (.50) muslin (1.00) sugar (.25) 1.75July 10 shirt (1.25) hose (.20) Jaconet (2.25) 3.70July 10 thread (.05) muslin (.45) muslin (.17) .67July 10 prints (.68) tacks (.05) nails (.05) .78July 13 muslin .25Total 16.45After the total at the bottom there is a notation by Samuel C. Smith that the ?account is allowed? - which I take to mean that this debt will be paid by the estate.Note: It is interesting the amount of sugar that was being purchased each time someone visited the general mercantile. I wonder if they were using sugar in treating James for something.The most significant thing that I saw with regard to this listing was that James was obviously on his last day or two of life. Someone went into the store and bought several articles of clothing and a lot of muslin (burial shroud) thread, to sew it up, and nails for the coffin? All these were charged to James? account.*The next document details the largest of the Affidavits of Claim. There were several claims against the estate, but the largest one seems to befrom James? son-in-law Henry Winegar. The following list appears requesting reimbursement for services rendered and home care for James by H. Winegar over a period of six years. Winegar was married to James?daughter Jolana Emily. So it appears that James lived with this family for the last six years of his life.Affidavit of ClaimEstate of James Newbery Deceased.In account with Henry WinegarSept 6th 1874 To moving said deceased 4.00November 1875 Wintering one two year old calf 10.001875 Hauling corn to Red Oak 2.501877 Repairing fence 5.001878 Hauling six loads of corn to town 15.001878 Repairing fence 5.001878 Caring for deceased in sicknessfrom June 1st to August 1st 25.001879 Hauling one load of sand 2.001879 repairing house 10.001880 Hauling load of wood to neighbor 1.001880 Working road for deceased 1.601880 One load of lumber from Griswold 1.001880 Building stable 2.001880 care in sickness three weeks 20.00Five years and 10 months boardand care. 400.00Total due 494.10THE STATE OF IOWA. In the Circuit Court of Pottawattami County:Pottawattamie County,I, Henry Winegar of lawful age, being sworn upon my oath say that the claim of $494.10 against the estate of James Newbery and here unto attached, is just true and correct and remains unpaid, and that I know of no legal offset to the same or any part thereof.Signed,Henry WinegarHis mark XSubscribed in my presence, and sworn to by Henry Winegar before me this fourth day of May 1881. N.H. Bogue - Justice of thePeace*The next is a handwritten document details what appears to be the last accounting & administration of assets in James? estate. There are separate notes of release handwritten and numbered on old desk calendar pages to document transactions between the lawyer and the heirs.S.C. Smith Administrator in act. With Estate of Newberry DeceasedDr. To amt. rec?d for rent of land $40.00? ? ? Mill & Posts 20.00? ? ? J. Denton note 18.00? ? ? on sale of land 784.00? ? ? Interest 78.30----------940.30Amt. on S. Williams Note 48.59-----------988.89March 11, 1884 - paidJoseph Newberry 81.50J.E. Winegar (Jolana) 81.50H. Newberry (Heber) 81.50S. O. Williams (Secratius) 81.50A. M. Newberry (Alma Maroni) 5.00Appraising property 3.00Abstract & Recording 8.50Att?y Fees 15.00Woodmancy claim 16.45Taxes 22.92Serving Notice on A.M. Newberry 2.00Claims of H. Winegar 506.75---------905.62 balance of $73.27*The following document is a petition to sell James? farm. It is handwritten. There are places i
n the handwritten document where someone else fills in information in a different hand. I have marked the information at the beginning and end with asterisks.Petition of Executor to sell real propertyIn the matter of the real estate of James Newbury deceased -Pottawattami CountyThe petition of S.C. Smith, executor of the estate of James Newbury ofPottawattamie County, Iowa respectfully shows:That the said James Newberry died on or about the month of July 1880 insaid county leaving an estate to be administered upon. Your petitioner was duly qualified in executor of his will and letters of administration were issued to him on the *2nd day of March*1881 which have not been revoked. Your petitioner duly made and returned a true inventory of the personal property, book accounts, et. et. Of the said deceased on the day of March 1881. We also published a due notice of his appointment as executor and motified all parties who were indebted to the estate by such publication to pay the debts due the estate, and all creditors to present their claims duly verified for allowance and payment: all of which will more fully appear by a reference to the papers on file - - the clerk?s office. The amount of property which has come into the executors hands in valued at $774.00 see inventory on the estate. The amount of cash received.The amount of cash received- - -Total amount of personal property received - - -*in doubtful notes $81.40Amount which has been paid out for debts and expenses of administration -- (indecipherable)Amount paid for family expenses as allowed to the widow by law - - -*there is no widow*Amount of debts due from the estate (one whole line indecipherable)Necessary expenses of administration in future *includes all $5.00* to amount of debt when the estate will be settled . . . .577.555The aforesaid decedent died possessed in fee of a certain tract of land containing forty-tree acres situated in Pottawatttamie County Iowa, described as follows, to wit: *The SE ¼ of the NE ¼ and a part of the NE¼ of the SE ¼ all lying north of Farm Creek. The wider of the creek being the line, all section 21 tp 74 Range 39. containing 43 acres more or less.* the whole of which real estate was acquired by him since his marriage. Also the following are the names and ages*Jolana Wineger 29Secratius Williams 36Alma Maronia Newbury 35Joseph Hiram Newbury 33Heber C. Newbury 32*Your petitioner therefore alleges that the personal estate in the hands of the petitioner is insufficient to pay the debts, and the allowance to the family and the expenses of administration and that it is necessary to sell the whole of the real estate for that purpose.Wherefore your petitioner prays that an order he made by said court directing all persons included in said real estate to appear before said court at such a time as it may appoint to show cause why an orders should not be granted to your petitioner to sell so much real estate as shall be necessary, and that after a full hearing of this petition and examination of the proofs and allegations of the parties interested and due proof ofthe publication of a copy of said order to show cause etc. an order of sale be made authorizing your petitions to sell so much and such parts of the real estate as said court shall judge necessary and beneficial or that such or farther order may be made as is meet in the premises.S.C. Smith - ExecutorAugust 15, 1881 - Subscribed and sworn to before me this 12th day of Sept 1881.James M. KelleyNotary PublicIn regard to the above document, I thought it was interesting that the lawyer who would have had knowledge about James? marital status would have mentioned a widow, and then someone else would have written in that there was no