Court of Equity case 232, Bill for Partition.
Martha Fewell had 10 children in 1847.
The Fewell Family came to America from Wales in about the year 1700.
They had just started the manufacture of iron in this country and a number of Scotch and Welch iron workers came over to show them how it was done.
The Fewell's were a part of this group.
John and William were the brothers that first came over, and they were probably joined by others later.
William settled in Virginia and John settled in Pennsylvania. Several of their descendants served in the Revolutionary Army , among who were Nathaniel Fewell, Edward Fewell and John Fewell, Jr.
John Fewell, Jr. ~ Fourth Great Grandfather ~ Revolutionary Soldier
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John Fewell, Jr. rose to the rank of Lt. Colonel and was cited for bravery at Yorktown. He was at one time attached to General Washington's staff.
The Fewell's migrated to the area of York County S.C. (known then as Indian Lands) around the year 1800. The Census of 1790 does not list anyone by the name of Fewell living here. It does, however, list Thomas Fewell living in the Wilmington District of New Hanover County, North Carolina.
The first mention of the name in the York County Courthouse records is in the Will of Laughlin Burns , which was probated on Oct. 1, 1804, in which he leaves certain properties to his daughter, Patsey Fewell. Not know is whether this is 'Patsey Burns Fewell' or 'Patsey Fewell'. No other record of her is found.
There were three Fewells (heads of families) living in what is now known as York County about this time-
John Fewell, William Fewell and Edmund Fewell. The probability is that they all moved to S.C. from Virginia , but whether these three were brothers or just kinsmen, has not been determined.
The earliest record of land transfers in the York County Courthouse shows that Edmund Fewell bought 50 acres of land on Rocky Allison Creek on Sept. 1, 1808, from Mosa Ferguson, and it mentions that this tract of land adjoins the tract of land belonging to John Fewell. John Fewell's land had evidently been purchased prior to this time, but no record has been found.
The first transfer on record for John Fewell was a purchase of 120 acres on Allison Creek from William Hogge on December 7, 1822. The first transfer on record for William Fewell was a purchase of 121 1/2 acres on Fishing Creek from Bennet Highfill on September 23, 1817 and later of 308 acres on Fishing Creek from J. M. Foster .
These three were all living in this Allison Creek area and owned land here at that time. Assuming that they lived on these tracts of land, John and Edmund lived side by side on Allison Creek joining the property of Col. William Hill who operated the famous Hill's Iron Works. William lived on Fishing Creek.
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The following is the Last Will and Testament of John Fewell:
Will Of John Fewell
State of South Carolina
York County District
In the name of God Amen.
I, John Fewell, Planter of the State and District aforesaid, being of sound and disposing memory, but not knowing how soon I may depart this life, do make and ordain, this my last will and testament, in manner and form, following-
First. I direct that my body be decently interred without unnecessary form or expense and that all of my just debts and funeral expenses be paid.
Second. Having heretofore given to each of my children who have married a certain amount of property which I intended to be equal to the amount received by each of her brothers and sisters, one negro called , Matilda and one called Theressa, also one horse (her choice of my stock) saddle and bridle --Two cows--One bed and furniture --One table and one bureau -- The above property to be hers during her natural life , and at her decease, to be equally divided among her brothers and sisters, of their legal heirs, in the same manner and on the same terms, as my other property, hereinafter to be divided and provided for --also whatever else she may receive to be distributed among the same terms.
Third. I direct that as soon after my decease , as convenient an equal distribution of all my other property, take place, and that my sons, Alexander-- Robert and Stanly and my daughters, Betsey Nichols, Rachel Millinter, Amanda Fewell, Lavinia Barron, Arrabella May and Matilda Stedman -- and my daughter in law Nancy Fewell (widow of my son John) share alike in the above distribution. Item my will further is, that the distributive share falling to my son Robert and my daughters Betsey and Rachel at their decease, descend to their children and that my Executor to be hereinafter named shall take measures to ensure the principal to the children of the above named Legatees and that the above named Robert , Betsey, and Rachel shall have the use of the property bequeathed or the legal interest upon the same during their natural lives.
Item. I hereby confirm and make over to the use of my son Robert, the land on which he now lives, during his life, and in no case can be taken by debt and at his decease to descend to his lawful heirs.
Finally.
I hereby constitute and ordain my son Alexander Fewell, Executor of this my last will and Testament and should any dispute arise in the matter or manner about my legacy herein bequeathed between any Legatee or Legatees, or Executor, or any of the parties, then, they are to refer to this will with the matter to dispute to three disinterested persons to be chosen by the parties and the disputants are to abide the decision of the persons so chose, upon pain having their distributive share taken from them as my will is that there shall be no suit instituted in any court of Law or Equity whatsoever about any matter contained in this will.
Signed , sealed and delivered in presence of--
This 20 Jany 1844.
A. Wyte
A.T. Fewell
G.C. Barron
John Sturgis
Probated November 7, 1845
Will Book "3" Page 136
Case No. 5
File No. 1294
There was an article written about John Fewell in the July 1972 issue of the South Carolina Historical Magazine .
John Fewell, Jr. married Martha "Patsy" Burns.
These were my 4th Great Grandparents.
They had ten children.
One of which, was Elizabeth "Betsy" Fewell.
