Obediah Chisholm b. abt. 1785– 1849 of Union Co, SC and Pickens Co, AL
- Unknown – still researching
- David Chisholm 1764–1792 (Confirmed son of Adam)(David Chisholm whose will was probated in 1792 in Union County, SC – his will names Samuel and William as brothers. Samuel’s year of birth is 1787 based on will’s instructions. Only Adam Chisholm has a son named Samuel Chisholm that is this age, confirming David and William Chisholm are Adam’s sons).
- William Chism b. abt. 1766 living in Union and Greenville Counties, SC m. Ann Praytor (Confirmed son of Adam)(David Chisholm whose will was probated in 1792 in Union County, SC – his will names Samuel and William as brothers. Samuel’s year of birth is 1787 based on will’s instructions. Only Adam Chisholm has a son named Samuel Chisholm that is this age, confirming David and William Chisholm are Adam’s sons).
- John Chism b. abt 1769 of Laurens, SC and Tuscaloosa Co, AL (Confirmed son of Adam Chisholm – legatee in Adam’s probate)
- Theophilus Watson Chisholm b. abt 1773-1800 (Confirmed son of Adam – is a legatee of David’s as one of his brothers in a 1797 distribution)
- Nancy Chisholm 1780–1849 (Confirmed son of Adam Chisholm – legatee in Adam’s probate)
- Obediah Chisholm 1785– 1849 (Confirmed son of Adam Chisholm – legatee in Adam’s probate)
- Samuel Chisholm 1787– (Confirmed son of Adam Chisholm – legatee in Adam’s probate)
FACTS and SOURCES:
1807 Jan 24 – William Chisholm to William Eastward bk J, p. 117 Union Co, SC
… I William Chisholm of Union District in the State aforesaid in consideration of the sum of 500 dollars … paid by William Easterwood of the District and State aforesaid … sell and release unto the said William Easterwood all that tract of land originally granted to John Haile containing 289 acres … on Mill Creek … in Draper’s line … to a post oak Drapers corner …
Signed: William Chisholm
Wit: Adam Chisholm, Obadiah Chisholm
1812 March Term – John Tollison v Adam Chisholm, Samuel Chisholme, John Chisholme, and Obediah Chisholme, p 249
The State of South Carolina Union Dist}(Roll 26). Adam Chisholme, Samuel Chisholme, John Chisholme and Obediah Chisholme were attached to answer to John Tollison of a plea of trespass on the case, and so forth … John Tollison by Joseph Gist his attorney complains that whereas the said Samuel, John and Obediah Chisholme on the 9th day of September … 1808 at Union Court House in the District and State afsd … did make their certain note, in writing, commonly called a promissory note … the said Samuel, John, Obediah & Adam Chisholme did promise to pay John Tollison or bearer 158 dollars 93 cents one day after the date of the said note for value received … said Adam, Samuel, John & Obediah Chisholm on the 10th day of September … 1808 at Union Court House … did make a certain other note in writing commonly called a promissory note …. did promise to pay John Tollison … 37 dollars 42 cents 5 days after the date of said note for falue received … to the damage of the said John Tollison 400 dollars … J. Gist, Plaintiffs Attorney.
Copy Note/ One day after date we or either of us do promise to John Tollison or bearer 158 dollars 93 cents value received. Witness our hands this 9th of Sept 1808. Signed: Samuel Chisholm, Adam Chisholm, John Chisholm, Obadiah Chisholm. Wit: Matthew Norton.
Copy Note/ Five days after date we or either of us promise to pay John Tollison or bearer 35 dollars 42 cents value received. Witness our hands this 10th September 1808. Signed: Samuel Chisholme, Adam Chisholme, John Chisholm, Obadiah Chisholm. Witness: Matthew Norton.
We confess judgment in the case for 158 dollars 93 cents with interest from 10th September 1808 also for 37 dollars 42 cents with interest from 15th Sept 1808 from which judgment is to be deducted 40 dollars 75 cents paid 30 Sept 1810 also 21 dollars paid in January 1812 with stay of execution till orders from the Plaintiff John Tollison. Signed: Adam Chisholme.
Pleadings and Judgments 1810-1813. p. 249. Union County, SC
1817 October 17 – South Carolina, Union District}
By William Rice Ordinary of said District
Whereas Elijah Dawkins hath applied to me for Letters of Administration on all singular the goods and chattels, rights and credits of Adam Chisholm late of the district aforesaid, deceased.
These are therefore to cite and admonish all and singular, the kindred and creditors of the said deceased, to be and appear before me, at our next Ordinary’s Court for the said District, to be holden at Union Court House on the 1st Monday of November next to shew cause, if any, why the said administration should not be granted.
Given under my hand and seal, this 6th day of October in the year of our Lord one thousand eight hundred and seventeen and in the Fortisecond year of American Independence.
Wm Rice, Ordy.
1817 Nov 3 – Elijah Dawkins and Joseph Collins apply as administrators of Adam Chisholm’s estate and post a 4000 dollar bond to be paid to William Rice, ordinary in Union Co, SC.
1817 Nov 3 – The Court orders admr Col. Elijah Dawkins admr of the goods and chattels, rights and credits of Adam Chisholm … To Messrs: Henry Farnandis, William Farnandis, Joseph Collins, Samuel Reid & James Laurence.
Return: That on the 18th day of November 1817 personally appeared before me William Henderson one of the justices of the peace … William Farnandis, James Laurence, Joseph Collins, Samuel Reed being 4 of the appraisers appointed to appraise the goods and chattels of Adam Chisholm late of Union Dist decd … that they would make a just and true appraisement … of the said Adam Chisholm … and that they would returne the same certified under their hands, unto the said William Rice …
1817 Nov 18 – A true and perfect inventory of all the goods chattles and personal estate of Adam Chisholm late of Union District decd made by us whose names are here unto subscribed the 18th day of Nov 1817.
(Items includ hoggs, barrels, cattle, corn, blades, horses, augers and chisel, cleavers, axes, shears, plows, shovel, bull tong, weeding hoes, cutting box and knife, pots, ovens, skillets, sythes, cradles, pails, cotton wheel, hides, bushel of rye, kegs, chains, hoggshead containing rye, cotton patch fields, seed for cotton, feather bed bedstead and covering, quilt, flour and flour barrel, boxes and gun, sickles, chests, check reel, knife box, bunches spun cotton, tables, cupboard and furniture, setting chairs, claw hammer and candle mold, tin pans, flat iron, Negro man named Lewis, boy named Daniel, negro women Milly and child – Total $2724.00
Signed: Wm Farnandis, Jos Collins, Saml Reid, James Lawrence.
1817 Nov 22 – On the petition of Col. Elijah Dawkins adm of the Estate & Effects of Adam Chisholm decd praying leave to sell the whole of the personal effects belonging to the Estate of said decd … ordered that he have leave to sell the whole of the personal effects belonging to the Estate of Adam Chisholm decd … Wm Rice, Ordy
1818 Feb 10 – Sale of Estate of Adam Chisholm late of Union Dist decd sold on the 10th day of Feb 1818.
Filed March 2, 1818. William Rice, Ordy.
Elijah Dawkins (Note – Interestingly, the return shows Elijah Dawkins purchased all $3054.44 of the estate – no other buyers were listed listed. Nobody from the family, no other neighbors, no Farnandis family members – nobody else).
1826 May 8 – William Rice, Esq. Ordinary of Union Dist, SC orders “Genl. E. Dawkins admn of the Estate of Adam Chisholm late of said District, deceased.
These are to cite and admonish you, the said Elijah Dawkins at the instance and request of Mrs Nancy Smith the wife of John Smith Esqr a legatee of the Estate of said decd personally to appear before me in the Court of Ordinary, to be held at Union Court House on Friday the 26th day of May Inst next ensuing, then & there to shew cause, if any you can, why you should not make and render before me a just true and full account of the personal estate of said Adam Chisholm decd and of your management thereof upon oath, a true and faithful account of your administration upon said estate. Hereof fail not, as you shall answer the contrary at your peril …
1826 May 12 – E Dawkins is served with a copy of order for account of Adam Chisholm decd’s estate on May 12, 1826.
1826 Aug 7 – Account filed with court on Adam Chisholm decd’s estate
In the Court of Ordinary 7th Aug 1826
Personally came Genl. E. Dawkins admr of the Estate of Adam Chisholm decd and made due proof to the within amount. He at the same time produced sufficient & sales factorig vouchers for the same. It was thereupon admitted and allowed him.
Duly proved before and examined by me.
Wm Rice, Ordy
(Note: Undated Account – which appears to have been filed with the court on August 7, 1826 as stated above)
The Estate of Adam Chisholm decd
To E. Dawkins admn of sd Estate.
Dawkins * Littleton note & interest: $458.00
Fernandis on a (note?): $37.7
Sundry Notes: $85.33
Amus Davis proven acct: $6.17
Amus Daivs admr of S Fergasen: $5.80
Wm. Fernandis: $148.89 and 3/4
Doctor Richards: $24.87 and 1/2
Tax for 1817: $5.8
Saml recd making his coffin: $5.00
Total: $785.82 and 1/4
Elijah Dawkins Admr in account with the Legatees of Adam Chisholm Deceased
John Chisholm (Note – legatee, is son of Adam Chisholm decd)
-note Coleman No. 1 – $47.28
-note Dawkins & Littlejohn 2 – $236.66
-note Dawkins & Littylejohn 3 – $444.75
-note C. Jones 4 – $16.45
-note J Wilkins 5 – $12.12 and 1/2
Total: $757.26 and 1/2
Obadiah Chisholm (Note – legatee, is son of Adam Chisholm decd)
-note Dawkins & Littlejohn 1 – $64.20
-note Sillas Littlejohn 2 – $40.00
-note William Littlejohn 3 – $18.50
-note E Dawkins 4 – $164.18 and 3/4
-note Samuel Chisholm 5 – $30.00
-note Dawkins & Littlejohn 6 – $26.12 and 1/2
-paid execution in favor of P Pridemore 7 – $22.08
-note Dawkins & Littlejohn 8 – $210.50
-note Dawkins & Son 9 – $26.50
-note Dawkins & Son 10 – $20.75
-note Dawkins & Son 11 – $11.56 and 1/4
-note Johnathan McCulloch 12 – $12.87 and 1/2
-Book account Dawkins & Son 13 – $5.74
Samuel Chisholm (Note – legatee, is son of Adam Chisholm decd)
His Receipt 1 – $772.07
Miscellaneous Probate Records, 1777-1866, Index, 1777-1961; Author: South Carolina. Probate Court (Union County); Probate Place: Union, South Carolina; Probate records, Box 8, packages 1-41 Probate records, Box 9, packages 1-38, Miscellaneous probate records, 1777-1866, index, 1777-1961 (Package 9-14)
1820 March 7 – Obediah Chisholm to Henry Fernandez bk Q, p 313 Union Co, SC
… I Obediah Chisholm of Union District and State aforesaid in consideration of 250 dollars to me in hand paid by Henry Farnandis of the District and State aforesaid … sell and release unto the said Henry Farnandis all my right and title to that tract of land whereon my Father Adam Chisholm decd formerly lived on Pacolet River …
Signed: Obadiah Chisholm
Wit: J H Farnandiz, Clabourn Lawrence
John H Farnandis appeared personally before me and made oath that he saw Obediah Chisholm sign and acknowledge the within deeds to Henry Farnandiz for the use and purpose within mentioned and that himself and Clabourn Lawrence. Feb 12, 1821.
1829 April 30 – William B Nott & Eliz Fernandes ads John Smith & Nancy his wife – bill
past acct & relief – 1829 – No 190
South Carolina, Union District}
To the honoarable chancellors of the said State.
Humbly complaining shew unto your honors that your orator and oratrix John Smith and Nancy Smith his wife formerly Nancy Chisholm, that in or about the ___ day of ___ in the year of our Lord one thousand eight hundred and ____ Adam Chisholm the father of your oratrix departed this life intestate, being at the term of his death siezed and possessed in fee of a valuable trat of land lying on Pacolet River near to Grindols Shoals which is now in the possession and for time past has been of the dfendants William B Nott and Elizabeth Farnandis and that the said Adam Chisholm at the term of his death left John Chisholm, Obediah Chisholm, Samuel Chisholm, and your oratrix then Nancy Chisholm his heirs at law … that partition and division yet remains to be made of the said land as your orator and oratrix have not as yet received their part of portion of said land and that the Defendants have by some means under claim your orators do not know have been receiving the whole of the rents and profits of said land which is very valuable without accounting in any manner whatever to your orators for that tract of the said rents and profits.
And your orators further shew unto your honors that John Smith the complainant and husband of your oratrix is unfortunately for him either entirely insolvent or nearly so and they are poor and bu a slender means of procuring a support and that the whole of the rest of the fortune of your oratrix which she received from her father’s estate has past into and through the hands of her husband the said John Smith and that he has not as yet made any settlement by any Estate on your oratrix.
The complainants therefore pray that the said land may be partitioned and divided and the share of the said Nancy the complainant settled on her to the use of herself and husband for the — and that the defts may account for rents and profits of the said lands and that the defts may answer this … and that a writ of subpoena issued …. may issue directed the said Defendants William B. Nott and Elizabeth Farnandes and so such other and further relief … compts case may be given and as in duty bound the bill ever pass.
A.W. Thomson for compts. (atty).
And the said complainants John Smith and Nancy his wife by way of amendment to their original bill have alledged and shews to your honor that the said defendants William B. Nott and Elizabeth Farnandez are tenants in common with your orators being in possession under a purchaser or purchasers either directly from someone or more of the heirs at law of the said Adam Chisholm or under them also purchased from them no one having purchased complainants interest as they have never sold or conveyed to anyone, and that said Defendants have been holding as tenants in common with your orators the said premises so that they are clearly entitled to partition and division of the said premises. And your orators pray that the said Defendants may answer this their amended bill as fully and particularly as if the same were herein again repeated and they thereto distinctly interrogated etc.
A.W. Thomson, Compls Sol
… these Defendants state that in time that Adam Chisholm died many years ago having the four children enumerated in the will … the Defendant did not know whether he died intestated.
The Defendant Wm B Nott says that his father ___ Nott, under whom he claims, as he is informed bought ___ of the land which he supposes the complts refer to, from the late Henry Farnandis and the Defendant Elizabeth Farnandis states that her late husband, the said Henry, having purchased, claimed the whole of the tract while he held the whole & the half after he divided with Judge Nott, adversely to the claim of the complainants.
The Defendants plead that they and them under whom they claim have had an adverse and ___ possession of the land, example the complainants claims for about ? and claim the complt of the statute of limitations.
The Defendant Wm B Nott states that he is informed by his father, that some years before he bought any part of the land, and while John Chisholme lived on it, he (John Chisholm) offered to sell it to him and showed him a deed which his father Adam Chisholm had made him of it.
And the Defendant Farnandis states, that in the division of her husbands estate, that part of the land in question which he retained was assigned to their daughter Catherine Farnandis now the wife of Jos L Lines as whose guardian Deft held it until her ward attained majority. When she ____ it to her and this ____
That the partition of her husbands estate was by ____ in the court of equity in this district, open and public, and no counter claim was put ___ states that some years ago, in her husband’s lifetime, the said complainants as she is informed brought suit against him for the land, which suit they abandoned & let drop & that her husband has been dead now within about 4 months of 6 years.
1829 June 20 … And the said defendants in answer to the complainants amendment, or so much thereof as they are advised is material for them to answer, state that they have never considered themselves as tenants in common with the complainants, but on the contrary they and them under whom they claim have set up an adverse claim to the complainants, as they have stated in their answer to the original bill.
These defendants state, that of their own knowledge they know but little of the case, or the manner of acquiring title by the complainants or them under whom they claim and they therefor require the complainants to make out their case by strict proof. … Defendants insist upon the matters of defense as contained in their original answer which they consider as fully meeting complainants amendment and pray to be dismissed with their costs etc.
Dawkins, Defts Sol.
South Carolina, Union County} Walter Farnandis states on oath that he went in company with John Smith last fall to Alabama and he understood that Smith intended to settle there where his family then was. Smith has not since that time as deponent knows of been in this State.
Sworn Before Me – June 14, 1834
Equity bills, 1798-1870, Bills, no. 187-220. Bill No. 190. Union Co, SC
It appears that the youngest brothers Samuel Chisholm and Obediah Chisholm are residing at the same homestead in the 1830 and 1840 US Census reports.
1830 – in the 1830 United States Federal Census
Name: Samuel Chisholm
Home in 1830 (City, County, State): Pickens, Alabama
Free White Persons – Males – Under 5: 1
Free White Persons – Males – 40 thru 49: 3
Free White Persons – Females – Under 5: 1
Free White Persons – Females – 5 thru 9: 2
Free White Persons – Females – 20 thru 29: 1
Free White Persons – Under 20: 4
Free White Persons – 20 thru 49: 4
Total Free White Persons: 8
Total – All Persons (Free White, Slaves, Free Colored): 8
Year: 1830; Census Place: Pickens, Alabama; Series: M19; Roll: 2; Page: 116; Family History Library Film: 0002329
1840 US Census Name: Obediah Chesholm
Home in 1840 (City, County, State): Pickens, Alabama
Free White Persons – Males – 15 thru 19: 1
Free White Persons – Males – 50 thru 59: 2
Free White Persons – Females – 15 thru 19: 1
Free White Persons – Females – 30 thru 39: 1
Persons Employed in Agriculture: 1
Persons Employed in Manufacture and Trade: 1
No. White Persons over 20 Who Cannot Read and Write: 1
Free White Persons – Under 20: 2
Free White Persons – 20 thru 49: 1
Total Free White Persons: 5
Total All Persons – Free White, Free Colored, Slaves: 5
Year: 1840; Census Place: Pickens, Alabama; Roll: 12; Page: 320; Family History Library Film: 0002334
1849 Sept – Mortality Schedule: Name: Obediah Chism
Estimated Birth Year: abt 1790
Birth Place: South Carolina
Death Date: Sep 1849
Cause of Death: C
Census year: 1850
Census Place: South District, Pickens, Alabama, USA
Alabama State Department of Archives & History; Montgomery, Alabama; U.S. Census Mortality Schedules, Alabama, 1850-1880; Archive Roll Number: 2; Census Year: 1849; Census Place: South District, Pickens, Alabama; Page: 257