Charles W. ALLUM

  General Notes:

Photo: "This country is breathtaking," wrote Shirley Allum Hudlicky. In December, 1967 her photo Christmas card was this scene of the Charles W. Allum homestead in Richhill Township, Greene County, Pennsylvania. The description in her accompanying Christmas newsletter states, "The photo was taken on the ridge road that, about one-half mile away, meets the valley road. The spot where the two roads converge is the site of the first Allum School, given by deed dated January 26, 1861 'to the directors of Richhill twp., all of a parcel of land situated in Richhill twp., Greene County, Penn. on which is erected a school house, now called Allum School, for the support and establishment of a common school.'

"The center section of the barn at the right was constructed in 1871 by James, the 4th son of Charles [James 'Jimmy' Allum, 1822-1905]. The two silos were added more recently when Charley Swart owned the property. The house, which was torn down the year before my first visit to Pennsylvania, was located between the barn in the lower left corner and the tree with the rounded top. Beyond are a wool shed and a spring house. Faintly seen in the distance is a white barn. On the brown hill in front of it, and just to the left of the green field, is where the Allum family graveyard is situated. The white barn in the distance is on land once occupied by William Allum 2nd, the eldest son of Charles. [William Allum, 1817-1879]

"The road by the William Allum property and around the hill winds through the valley and soon crosses Wheeling Creek, the dividing line between Greene and Washington counties. Just before crossing the creek, a side road leads up around a hill to Enon Cemetery where many more of the Allum family are buried. Directly across the creek is Enon Church."

Photo taken by Shirley Allum Hudlicky, shared via her photo Christmas card in 1967
(Original photo card sent to DeeAnna Allum Granston by Shirley Allum Hudlicky in '67)


(P.S. Throughout preparation of this online file, I have used this photo as Desktop Wallpaper on my computer. --DeeAnna)



* * * * * * * * * *


CHARLES W. ALLUM was born in Washington County and died in the adjoining county of Greene in Pennsylvania in Richhill Township. The township was named for its hills and rich soil.

"He was a farmer all his life," according to a statement by his son Isaac in the HISTORY OF POWESHIEK COUNTY, IOWA.

An account in the 1910 HISTORY OF WASHINGTON COUNTY, PENNSYLVANIA, by Joseph F. McFarland (in which Albert Bryson Frye, a grandson of Charles W. Allum, is profiled) reveals "Charles Allum was a man of wealth and a large land owner. He was of an early family in Greene County and prior to the advent of railroads drove six-horse teams over the mountains to Cumberland, Maryland." Cumberland is in Allegany County.

Another account in THE OLD PIKE: A History of the National Road, With Incidents, Accidents and Anecdotes Thereon by Thomas Brownfield Searight, published by the author at Uniontown, Pennsylvania, 1894 , confirms "Charles Allum and James Brownlee drove for Leonard Vail, an old pork-packer of the vicinity of Prosperity, Washington County, Pennsylvania." (Chapter XVI, page 136). On page 848 of the HISTORY OF WASHINGTON COUNTY, PENNSYLVANIA with Biographical Sketches of many of its Pioneers and Prominent Men by Boyd Crumrine (L. H. Everts & Company, Philadelphia, Pennsylvania, 1882) we are informed, "About 1830, Leonard Vail...opened a store at Sparta and did a thriving business for several years in wagoning, buying cattle, and selling goods. He was appointed postmaster in 1835."

(In yet another book -- A HISTORY OF TRAVEL IN AMERICA, Volume II, by Seymour Dunbar, published in 1915 by Bobbs-Merrill Company, Indianapolis -- within Chapter XXXIII and on page 718, Charles Allum's name appears on a list of "well-known characters of the National Road during its heyday of importance." Also -- its reference originating with the book THE OLD PIKE (cited in the foregoing paragraph) -- Charles' name appears on page 143 in a recent book titled TWO FAMILIES: A HISTORY OF THE LIVES AND TIMES OF THE FAMILIES OF ISAAC NEWTON DAY AND LUCILLA CAROLINE BLACHLY, 1635-1954, by Reed B. Day, published by Mechling Bookbindery in 2004.)

The Charles Allum house--a faded photo of which has been preserved--was a fine frame structure for the early-to-mid 1800s that may have reflected Charles' wealth referred to above. The house was demolished in 1964. (Read Shirley Allum Hudlicky's quote in the PHOTOGRAPHS section below.)

"Allum School" was on Charles' property. In THE HORN PAPERS, Volume III, by W. F. Horn, the 1865 map of Richhill Township documents property owned by Charles Allum, as well as the location of the Allum School.

Charles was associated with Enon Baptist Church in Greene County. He was buried in the Allum Cemetery high on a ridge on his farm. Charles' son James had been the first burial in 1850. In 1981, all graves in the Allum, Supler and Jones cemeteries were moved in to Enon Cemetery by the Consol Coal Company after a hearing attended by Allum descendants, including Shirley Allum Hudlicky.


--DeeAnna Allum Granston




1796 BIRTH of Charles W. Allum ("Charley") (Was Charles' middle name "William" or "Wheeler"?) (See Sharon Cunningham Ratliff below)
(June 16)

(George Washington was President when Charles W. Allum was born, but the election held that year determined that John Adams would succeed Washington in 1797 with Thomas Jefferson as Vice President. In 1796 the Southwest Territory became the State of Tennessee, the 16th state in the nation. Andrew Jackson was chosen as Tennessee's first delegate to Congress. The Land Act passed in 1796 opened land in the Northwest Territory for sale to the public. Lands were sold at public auction to the highest bidders at or above a minimum price of $2 per acre, but 640 acres was the smallest unit that could be purchased. General Moses Cleaveland surveyed the Territory and, with 50 other men, laid out a city on high ground where the Cuyahoga River emptied into Lake Erie. Cleaveland suggested the new city be called "Cuyahoga," but his men insisted on naming it after him misspelling his surname as "Cleveland" on documents. In 1796 scientists in Philadelphia conducted first experiments with gas illumination. A new criminal code in the State of Virginia eliminated the death penalty for several types of crimes beginning a national trend away from capital punishment.)

1800 CENSUS, Pennsylvania, Washington County, West Bethlehem Township (with parents)

1808 NAMED IN THE WILL of Dr. Charles Wheeler (will proved 1813), although to benefit only under certain circumstances (In the Index of Names in this online file, click on "Wheeler, Charles")

1810 CENSUS, would have been with parents in 1810, but the Allum family has not been located in the census

1816 MARRIAGE (approximate) of Charles W. Allum and Jemima Barnhart


Shirley Allum Hudlicky, November 2, 1964 letter to DeeAnna:

"The name ' Jemima ' just doesn't seem to fit into the family as neatly as it should. I have been pondering why none of the children or grandchildren bear the name Jemima but a number are named ' Penina' ..."


1817 BIRTH of son William in Greene County, Pennsylvania
(no month or day has been documented)

1818 BIRTH of son Thomas in Greene County, Pennsylvania
(May 29)

1819 CASE, William Allum and Charles Allum vs. Leiper
(September 4)
(This was continued over and over to the year 1835.)

1820 BIRTH of son John in Greene County, Pennsylvania
(June 22)

1820 CENSUS, Pennsylvania, Greene County, Richhill Township ("Allims")

6 people are in the household in 1820:

4 males (Charles himself and presumably sons William, Thomas and John)
2 females (wife Jemima and ?)

1822 BIRTH of son James ("Jimmy") in Greene County, Pennsylvania
(January 9)

1823 BIRTH of daughter Delila Ann in Greene County, Pennsylvania
(November 29)

1825 BIRTH of daughter Peninah in Greene County, Pennsylvania
(June ?)

1826 CASE, Charles Allum vs. John Scott, Jr. Sum of $29.98 was appealed, settled out of court

1827 BIRTH of daughter Hannah in Greene County, Pennsylvania
(May 13)

1828 BIRTH of son Isaac in Greene County, Pennsylvania
(November 30)

1820-1830 DEATH of mother, first wife of William Allum

1830 CENSUS, Pennsylvania, Greene County, Richhill Township

10 people are in the household in 1830:

1 male 30-40 (Charles himself, born 1796)
2 males 10-15 (sons William and Thomas, born 1817 and 1818)
2 males 5-10 (sons John and James, born 1820 and 1822)
1 male under 5 (son Isaac, born 1828)
1 female 30-40 (wife Jemima, born 1795)
1 female 5-10 (daughter Delila, born 1823)
2 females under 5 (daughters Peninah and Hannah, born 1825 and 1827)

1832 BIRTH of daughter Pamelia in Greene County, Pennsylvania
(April 13)

1834 BIRTH of daughter Eliza in Greene County, Pennsylvania
(May 21)

1839 CASE, Charles Allum vs. B. D. Rickey et al and Abraham C. Rickey
(September 5)

1840 DEATH of father, William Allum in Washington County, Pennsylvania
(January)

1840 INHERITANCE from father William of 125+ acres in Richhill Township, Greene County, Pennsylvania. Charles' elder brother John received approximately the same number of acres in the same general location. The land, called "Moonrough," had been acquired by their father, William Allum, in the year 1816.

1840 BIRTH of son Porter in Greene County, Pennsylvania
(May)

1840 CENSUS, Pennsylvania, Greene County, Richhill Township

11 people are in the household in 1840:

1 male 40-50 (Charles)
1 male 20-30 (son John) (sons William, born 1817, and Thomas, born 1818, are documented in their own households in Richhill Township in 1840)
1 male 15-20 (son James "Jimmy," born 1822)
1 male 10-15 (son Isaac, born 1828)
1 male under 5 (son Porter, born 1840)
1 female 40-50 (wife Jemima, born 1795)
2 females 15-20 (daughters Delila, born 1823, and Peninah, born 1825)
1 female 10-15 (daughter Hannah, born 1827)
2 females under 5 (Should the census category have really been "2 females 5-10"? If so, they would have been daughters Pamelia and Eliza)

1842 SUMMONS for Charles for "slanderous words spoken"
(March 8)

1842 PURCHASE of 50 acres by Charles from Daniel Clouse
(March 14)

1844-1847 SEPARATION of Charles Allum and his wife, Jemima (Barnhart) Allum


Shirley Allum Hudlicky, August 11, 1964 letter to DeeAnna:

"Charles and Jemima separated about 1847. In return for 75 acres of land, Charles and Jemima's son James cared for his mother until her death in 1859"


1847 SUBPOENA to Charles "for slanderous words spoken" from Daniel Allison via the court in Greene County, Pennsylvania
(October 13)

1847 AFFIDAVIT of Defense in which Charles denied statements as charged by plaintiff Daniel Allison
(December 4)

1848 SUMMONS for Charles in the case of Daniel Allison vs. Charles Allum "for slanderous words spoken"
(March 8)

1848 APPEARANCE DOCKET, Charles Allum vs. Jemima Allum
(October 13)


APPEARANCE DOCKET

CHARLES ALLUM Filed October 13, 1848
Oct. 14, 1848 by subpoena by direction of __________
vs. Attorneys, the second Monday of November 1848.
Served October 26, 1848 on Jemima Allum personally
JEMIMA ALLUM by copy says John Lindsey, sheriff. ($1.68)
Vol. 15, p 482 Court records, Waynesburg, PA


1848 SUBPOENA from Charles served on Jemima for divorce
(October 26) (see directly above)

1848 ARTICLE OF AGREEMENT between Charles and his son James. James was to receive 75 acres of land in exchange for taking care of his mother Jemima during her lifetime. Among other things, it is stated, "For and in consideration of the above plot or piece of land, the said James Allum(s) jun. do(e)ht agree and bind himself, his heirs, etc. to maintain, support and provide for his mother Jemima Allum(s) both in sickness and in health during her natural life, and the said James Allum(s) jun. agrees to stop all proceedings on his part to prevent the said Charles from getting divorce from the said Jemima Allum(s) (bears signatures of both Charles Allum and James Allum)
(November 22)


Shirley, letter to DeeAnna:

"The name is often written 'Allums' in the indexes, also when copied in the record books. But nowhere did I find it spelled Allums on original documents signed by Allum men."


1850 JUDGMENT to the plaintiff Daniel Allison in the case of Allison vs. Allum
(January 31)

1850 COSTS of $9.93 received of Charles in the case of Allison vs. Allum
(March 20)

1850 CENSUS, Pennsylvania, Greene County, Richhill Township (Charles) (Charles, "Farmer")
Charles Allum is documented with daughters Amelia, age 19, and Eliza, age 16, and son Porter, age 10, along with Margaret Sargent, age 51; Margaret's maiden name was Barnhart, and she was the elder sister of Charles' estranged wife, Jemima Barnhart Allum
(Census taken on September 9)


Shirley, letter to DeeAnna:

"Margaret (Peggy) Sargent, age 51--sister of Jemima--was living in the same household with Charles Allum and his children. Margaret was a widow, her husband Henry having died 18 years before, in 1832. Margaret was listed as ' housekeeper, ' probably caring for the household after Charles and Jemima separated."


1850 CENSUS, Pennsylvania, Greene County, Richhill Township (Jemima)
Jemima Allum appears with her daughter Hannah in a household separate from her husband Charles, a household next to that of her son James Allum
(Census taken on September 13)

1850 PURCHASE by Charles of 182 acres from John Supler with deed from Supler to Allum
(December 25)

1851 PURCHASE by Charles of 400 acres from Thomas Patterson et al.

1851 PETITION by Charles to prove contract from R. H. Lindsey for property in Jefferson, Greene County, Pennsylvania for $400.00 that Lindsey received by Sheriff's sale of Eli Phillips
(September 24)

1851 PROOF OF CONTRACT from R. H. Lindsey for property in Jefferson, Greene County, Pennsylvania
(also September 24)

1852 DEATH of daughter, Hannah (Allum) Parson, in Greene County, Pennsylvania, at age 25, wife of Charles Parson
(October 22)

1854 CASE, Libel in Divorce
(March 25)

1854 PETITION presented and subpoena awarded
(April 15)

1854 SUBPOENA for second appearance served by Charles on Jemima:
"Subpoena issued and served April 30, 1854 on Jemima personally," says Sheriff Adams
(April 30)


Downey & Lazear LIBEL IN DIVORCE

CHARLES ALLUM March 25, 1854 Petition presented and subpoena
awarded April 15, 1854. Subpoena issued and
vs. served April 30, 1854 on Jemima Allum personallysays Sheriff Adams. ($2.00)
JEMIMA ALLUM


1854 APPOINTMENT of Samuel VanAtta to take testimony in the divorce, replacing L. W. Cleavenger
(June 13)

1854 DEATH of son, John in Greene County, Pennsylvania, at age 34
(October 13)

1855 SALE of land in Richhill Township by Charles and Jemima to James Allum for $1,030.99. Charles signed his name; Jemima made her mark. (January 1)

1857 CASE, Charles Allum vs. Enoch Teagarden and William Seaman
(September)

1858 PURCHASE by Charles of 50 acres from James Richmond and his wife Luvisa in Jasper County, Iowa
(May 13)

1858 SALE of land in East Finley Township to Simpson Hixenbaugh; $84 in notes on Jonathan Simpson, calling for $44; $84 in notes on Robert Kincaid, calling for $44; witness, Rebecca P. Allum; signed by Charles Allum

1859 DEATH of Jemima (Barnhart) Allum at 64 years 9 months 6 days (James Buchanan was President)
(December 4)

1860 DEED for Lot from Charles for $10 to the School District for the Allum School, Richhill Township, Greene County, Pennsylvania (signed by Charles)
(January 26)

Charles Allum to School District of Richhill twp. -- a certain parcel of land situated in Richhill twp., Greene County, Pa. described as follows, to wit, on which is erected School house, etc. one called Allums School house in the aforesaid twp. also all that parcel of land 10 ft. each way from the said house, the whole containing 2000 ft. being a part of home place of Charles Allum together with all its appurtenances to have and to hold the said pieces of ground as long as wanted for School Purposes for the establishment and support of Common School in said District according to law and he, the said Charles Allum do hereby covenant with said District and its assigns that he is lawfully seized in fee of the above granted premises, that he is free of all incumberances, that he has a good right to sell and convey the same to said District (and) its assigns as long as it (is) used for School purposes.

(signed) James Hughes
(signed) R. L. Noble (signed) Charles Allum


1860 CENSUS, Pennsylvania, Greene County, Richhill Township (Charles "Allums," "Farmer")
Charles is shown with his son Porter Allums, age 20; "Matilda" Allums, age 15; John Allums, age 11; and "Peggy" [nickname for Margaret] Sargent, "housekeeper," age 62. Presumably "Matilda" is actually Eliza "Malinda" Allum, born in 1845, daughter of Charles' son John, who died in 1854. Malinda (as "Matilda") is shown as a "House Domestic." Young John Allum, age 11 in 1860, would have been John Erwin Allum born in 1848, a son of Charles' son John, who died in 1854.
(Census taken on June 6)

Charles was the court-appointed guardian for his grandchildren, John Erwin Allum, age 11, and Minerva Allum, age 15 (documented by the census taker as "Matilda").

1860 MARRIAGE of Charles Allum and Caroline V., aka "Cal V."
(The marriage presumably occurred between June 6, 1860--when the census was taken--and December 27, 1860 when Charles and Cal signed a deed conveying land in Moundsville, Marshall County, West Virginia to Charles' eldest son William)


Shirley:

"Although Jemima had been served twice between 1848 and 1854, Charles and Jemima never divorced. Jemima died in 1859. Charles had remarried by December 1860 when a deed in Moundsville, West Virginia was signed by he and his wife ' Cal V. ' Ewing Pollock, attorney for Consol Coal pointed this out at the hearing in 1981. I headed to the basement of the Greene County court house at Waynesburg and checked it out."


1860 SALE by Charles and wife "Cal V." to Charles' son, William Allum, land in Moundsville, West Virginia
(December 27)

To this day, the surname of Charles' second wife, Caroline "Cal V." Allum, remains undocumented.



1861 SALE by Charles to Barnet B. Smith of Jefferson, Greene County, Pennsylvania, as follows:

Charles W. Allum, Richhill twp., Greene Co, Pa. to Barnet B. Smith of the Borough of Jefferson for $150.00 a piece of ground in the town of Hamilton, Greene Co, Pa. Lot 22 in the town of Hamilton, joining land of Charles W. Allum.

(signed) Charles W. Allum
(April 15)

(The above-cited deed is noteworthy because it is signed "Charles W. Allum," documenting Charles' middle initial)

1861 APPOINTMENT of Charles by the court as guardian of his grandson John
(John Erwin Allum, age 12, was a son of Charles' deceased son whose given name was also John; the elder John had died in 1854)
(June 10)

1863 PURCHASE by Charles of land from Charles Scott
(September 9)

1864 PROPERTY VALUATION of $600 according to the tax list for "Rich Hill" Township in Greene County, Pennsylvania, list created in May

1864 PROPERTY VALUATION of $600 according to the tax list for "Rich Hill" Township in Greene County, Pennsylvania, list created in October

1865 SALE by Charles to Robert Kincaid of Greene County, Pennsylvania a tract of 22 acres lying partly in Washington County and partly in Greene County adjoining land of Joshua Coffield and Jonathan Simpson
(September 15)

1865 RULES FOR COST in the divorce of Charles and Jemima (Jemima had died in 1859)
(December)

June 13, 1854, L. W. Cleavenger Esq. appointed commissioner to take testimony vacated, and Samuel Van Atta appointed in his stead. And now to wit December 18, 1865 rule for costs in the nature of a ________ grantor by the court, and now December 30, 1865 Rule issued.

Record of Mr. Temple, fees in this case, 50 cents. D. A. Morley

1865 CREATION of a township map (Richhill Township) on which the Charles Allum homestead and Allum School appear (along with other Allum-owned properties). The map appears in the book, THE HORN PAPERS, Volume III, by W. F. Horn.


Shirley, October 14, 1965 letter to DeeAnna:

"Charles Monroe Swart [Charles Monroe Swart, 1893-1988, great grandson of Charles W. Allum] came to the court house in Greene County where I was doing research. While there he asked Mr. Black to take us to the basement vault where we saw large maps from which Horn took photocopies for his Atlas. The maps were as large as a table top, and most of them are on a material that looks like linen topped with an oilcloth-like substance. The land that Charles Allum owned was part of the 400-acre grant in the Benham patent. Some of his later acquisitions were from the original Leiper patent. Can you locate these on your map in your copy of THE HORN PAPERS?

"The evening before I left Greene County I went to see Alfred Sayers, the attorney for Charles Monroe Swart, to inquire about abstracts for the Allum land. Mr. Sayers has a Richhill Township map on his office wall that shows all of the Allum holdings at the time Charles lived there. My purpose was to learn the identity of Charles' second wife [the maps did not document her]. I asked what determined a township, for I noticed they were crazy shapes. He said a township was determined by a man setting out to cultivate or care for land, his boundaries generally being limited by either a ridge he could not go over or by a stream he could not cross. When a number of such men settled in an area, they banded together to form a government and, thus, the township was formed. It is true most of the dividing lines follow streams or ridges, especially on the patent maps.

"While talking with Mr. Sayers, he mentioned he owned a history of Greene County. He offered to loan the book to me for the evening. I sat in bed propped up with pillows and, with writing equipment, copied the most pertinent facts until 3 a.m."


1866 PROPERTY VALUATION of $450 for Charles "Allums"according to the tax list for Richhill Township in Greene County, Pennsylvania, list created in May

1867 CORRECTION, Charles Allum sold to Eliza Anne Smith, 2 lots of ground in the town of Belmont, Ohio, numbers 65 and 66 for $550.00. Lots 55 and 56 had been listed. A good deed was delivered June 16, 1869.
(March 28)

(Who was Eliza Anne Smith who purchased land in Belmont, Ohio in 1867? Charles' eldest son William had a daughter named Eliza Ann Allum, born about 1847. The William Allum family indeed lived in Belmont County, Ohio. Eliza, who did appear in the 1850 census, is not in the Allum household in 1860. It has been presumed she died before the 1860 census.)

1867 WILL prepared and signed by Charles Allum in Greene County, Pennsylvania
(May 18)

1867 DEED signed by Charles Allum and his second wife, Caroline "Cal V." Allum
(October 13)

Deed: Charles Allum and wife to David Hitchcock
1867, Oct 13 -- Indenture made

This indenture made the 13th day of October in the year of our Lord one thousand eight hundred and sixty seven between Charles Allum and Caroline Allum, his wife in law of Richhill twp., Greene County, Pa. of the one part and David Hitchcock of the aforesaid twp., County and State of the other part. Witnesseth that the said Charles Allum and Caroline Allum his wife for the consideration of the sum of $500.00 dollars lawful money of the United States of America unto them well and truly paid by the said David Hitchcock -- etc. for 20 Acres of land in Richhill twp.

Charles Allum and his wife in law.

Attest: Signed:
John S. Knox Charles Allum
James Allum Cal V Allum


J. F. Wood, J.P.

V32 p359 of Deeds


1868 DEATH of daughter, Delia Ann (Allum) Cumpston, in Livingston County, Illinois, at age 44, wife of Solomon Cumpston
(January 30)

1868 DEATH, Charles W. Allum in Greene County, Pennsylvania at 71 years 9 months 17 days
(April 2)

(Andrew Johnson was President when Charles W. Allum died in 1868. Johnson was the first President to undergo an impeachment trial but was acquitted by the Senate. Later in 1868, Ulysses S. Grant was elected to succeed Johnson carrying twenty-six states. The Territory of Wyoming was created from Dakota and Utah. In Wyoming Territory, the Sioux war ended with the signing of a peace treaty by Chief Red Cloud and William T. Sherman at Fort Laramie; the United States ceded parts of northern Wyoming and the Dakotas to the Sioux confining them to those areas. The 800-man 7th Cavalry under the command of Colonel George Armstrong Custer struck Arapaho and Cheyenne Indians at the Battle of Washita in Indian Territory east of the Texas Panhandle, killing more than 100, including Chief Black Kettle. In 1868, Dr. Samuel Mudd of Maryland--who in 1865 had assisted Lincoln's assassin, John Wilkes Booth, by setting Booth's broken leg--was pardoned by President Johnson after administering to other prisoners during a yellow fever epidemic.

An earthquake caused more than $3 million in damage in San Francisco. Christopher "Kit" Carson, age 59, died from natural causes in Colorado. In Boston, while working for Western Union, Thomas Edison applied for, and received, invention papers for his electric vote recorder. In Moline, Illinois, John and Charles Deere incorporated their firm as Deere & Company. The new Equitable Life Assurance Society building in New York City reached 130 feet in height. Inside, two steam-powered elevators designed by Elisha Otis carried passengers five stories. George Pullman introduced the railroad dining car. A bustle at the back of a dress was fashionable for women. The novel LITTLE WOMEN by Louisa May Alcott was published. Also in 1868, the government mandated an eight-hour day for government employees. Decoration Day was celebrated for the first time on May 30. On a light note, the "ice cream soda" was created in San Antonio, Texas by a German immigrant who offered it to patrons with both a straw and a spoon.)


1868 JUDGMENT for $160.91 interest from June 1, 1868, assigned to Caroline Smith in the case of James Allum, Excr. vs. James Allum, Eveline Allum and Morgan Bell
(May 15)

Who was Caroline Smith? Was she the elusive Caroline "Cal V." Allum? But why would her surname be "Smith" only 6 weeks after the death of a husband? In the 1860 census, taken on August 19, a Caroline Smith, age 35 (born 1825) is in the household of (presumably her widowed mother) Sarah Smith, age 64, in Franklin Township, Greene County, Pennsylvania. Remember, Charles and second wife Caroline would have married after he was documented in the 1860 census in Richhill Township on June 6--but before December 27, 1860 when Charles and "Cal V." signed a deed together. At this time, no documentation exists that links Charles W. Allum and "Caroline Smith."

The Smith surname appears three times in conjunction with Charles' legal affairs: Barnet B. Smith [year 1861], Eliza Anne Smith [1867], and Caroline Smith [1868]. Are they related to one another...and/or to us? (See "Eliza Ann Allum" in the Index of Names.)


1868 WILL of Charles Allum, No. 2389, Will Book 4, pages 215 and 216, Greene County, Pennsylvania (with his signature). His will had been made on May 18, 1867 and was probated and registered on April 6, 1868.


IN THE NAME OF GOD, AMEN, I, Charles Allum of Richhill township, Greene County Pennsylvania being of Sound and disposing mind make this my last will and testament as follows Viz------1st I give and bequeath to MY WIFE CAROLINE the interest of two thousand dollars annually during her natural life or so long as she remains my widow Said two thousand dollars to remain under the control of my executors the annual interest to be by the paid to her each year. At her death or marriage then the two thousand dollars are to be equally divided among all my children or their heirs. I also give and bequeath to MY WIFE CAROLINE a bed and bedding of good quality to be selected by my executors. 2nd I give and bequeath to MY SON WILLIAM, one thousand dollars, in addition to what he has already received. 3 (sic) I give and bequeath to MY SON THOMAS five hundred dollars, in addition to what he has already received. 4th I give and bequeath to MALINDY ALLUM, now Malindy Crawford, MINE(R)VA ALLUM, now Minerva Simpson, JOHN ALLUM, WILLIAM ALLUM AND OSA JANE ALLUM, children of JOHN ALLUM, dec. each two hundred dollars. 5th I give and bequeath to MY SON JAMES ALLUM a certain tract of land on which James formerly lived, a part of which land, he has now sold to James Daily, which I have promised to deed to said daily shortly, adjoining lands J. W. Burns, John Parkinson, Aron Cumins, and other lands of said Jams Allum. 6th I give and bequeath to (my) MY D(A)UGHTER DELILA CUMPSTON on(e) thousand dollars in addition to what she has already received. 7th I give and bequeath to MY DAUGHTER PENINAH SWART one thousand dollars in addition to what she has received. 8th I give and bequeath to MY DAUGHTER PERMELIA SARGINT the interest of five hundred dollars, said five hundred dollars to remain under the control of my executors the interest onely (sic), to be, by them paid to her each year. At her death the five hundred dollars are to be equally divided among her children. 9th I give and bequeath to MY SON ISAAC ALLUM fifty acres of land situated in Jasper county Iowa or should I sell said land in my lifetime the the [repeated] said Isaac is to have in money an amount equal to what the land was sold for. Should the said Isaac conclud (sic) to remove onto the land, then he is to have the exclusive control of said property from the time of said removil (sic). 10th I give and bequeath to MY DAUGHTER ELISA FRY the interest of two thousand dollars, said two thousand to remain under the control of my executors, the interest of which is to be by them paid to her. At her death the said two thousand dollars are to be equally divided among her children. 11th I give and bequeath to MY SON PORTER ALLUM the interest of three thousand dollars, during his life, said three thousand dollars to remain under the control of my executors the interest only to be by them paid to him, and at his death two thousand dollars of said money are to be distributed equally among his children and the remaining one thousand dollars are to be equally divided among all my children and their heirs. The remainder of my estate, if any, after the debts, expenses, and bequests are all paid is to be by my executors equally divided among all my children or their heirs. I hereby direct my executors to sell at publick (sic) sale as soon as convenient after my death all my property, real and personal, not disposed of by will, to the hiest (sic) and best bidder, and on such turms (sic) as they may think most advantagious (sic) for the estate--
I hereby constitute and appoint James Allum and William B. Porter my executors--

Signed and sealed the 18th day of May 1867 in presence of Charles Allum (SEAL)
William S. Carter
J. H. Porter

_______________________________

State of Penna
Greene County S.S.

Before me Peter Brown Register for the probate of wills and granting Letters of Administration in and for said County personally came William S. Carter and J. H. Porter the subscribing witnesses to the within will, who being duly qualified according to law say they were present and saw and heart Charles Allum the testator, sign, seal, publish, pronounce and declare the foregoing instrument of writing as and for his Last Will & Testament, and that at the time of so doing, he was of sound mind memory and understanding, to the best of their knowledge observation and belief and that they signed the same as witnesses at his request in his presence and in the presence of each other.

Sworn and Subscribed William S. Carter

April 6, 1868 before J. H. Porter
Peter Brown
Register



1868 DEATH of son, Porter Allum, in Greene County, Pennsylvania, at age 27
(May 14)
(Porter died about six weeks after the death of his father Charles)

1868 LISTS of Charles' personal property, warranty deeds, etc., post-death

1868 PROOF OF CONTRACT in which it is stated, "the said Charles Allum(s) entered into a written contract with Petitioner (James Allum) to sell and convey to him the above described tract of land in consideration of which Petitioner bound himself to maintain, support, provide for his mother, Jemima Allum, the wife of the said Charles Allum, during her life time; that Petitioner did support, maintain and provide for the said Jemima Allum during her life time and up to the time of her death, which took place some six months ago...," as follows:

To the now Judge of the Orphans Court of Greene County: The petition of James Allum respectfully represents that Charles Allum late of Richhill twp., Greene County, Pa., died on the second day of April 1868, testate, that letters Testamentary upon his Estate are granted to petitioners his surviving Executor by the Registrar of Greene County; that the said Charles Allum died seized of certain Real Estate and among which is a tract of land situate in Richhill twp. adjoining lands of John Supler, William Supler and others containing seventy five acres more or less and being part of a tract of land on which James Allum resided; that on the 22nd day of November 1848, the said Charles Allums entered into a written contract with your Petitioner to sell and convey to him the above described tract of land in consideration of which your Petitioner bound himself to maintain support, provide for his mother Jemima Allum during her life time and up to the time of her death which took place some six months ago (?) (Jemima died in 1859 --DeeAnna) as provided for in said vested contract; that the said contract is so far executed that it would be against equity to rescind the same and that no provision for the performance of the said contract was made by the Decedent in his life time.

Your Petitioner therefore prays your Hons. to award a citation directed to the heirs at law of the said Charles Allum, dec. to wit: William Allums, residing in Blacksville, W. Va.; Thomas, residing in Jasper County, Iowa; John, now dec. leaving children whose residences are unknown to the Petitioner; Delila now deceased, but leaving children whose residences are unknown to Petitioner and the following heirs residing in Greene County, Pa., to wit: Penina (sic) married to Jacob Swartz; Hannah, now dec., leaving no children; Eliza married to Thomas Fry; Isaac; Porter, now deceased, but leaving children; and Amelia married to Richard Sergeant, commanding them to appear in Court and answer this Petition at a day and time to be fixed by the Court and if cause be not shown to the contrary, the Petitioner prays the decree of the court for a specific performance of the said contract according to the time, intent and meaning thereof and that a conveyance be made under the same decree by the Sheriff of Greene County to your Petitioner of the said premises in fee Simple and he will ever pray, etc. --

And now to wit: June 8, 1868 the court awards citation as prayed for and direct the same to be made returnable on the third Monday of September next, the heirs residing out of the County to be notified by publication in the Waynesburg Messenger by three publications, the last of which shall be at least ten days before the hearing on the citation.

(signed) By the Court

James Allum, being duly affirmed according to law, saith the statements set forth in this foregoing Petition are true and correct to the best of his knowledge and belief.

J. F. Temple, Clerk
(June 8)

1868 AFFIDAVIT signed by Daniel Clouse in which it is stated, "that he was well acquainted with Charley Allum of Richhill Township, Greene County, also with James Allum, his son--that he lived in the neighborhood of both these persons; that he knows of the dif(f)iculties between said Charles Allum and his wife Jemima, which resulted in a separation between them some twelve or fifteen years before the death of Mrs. Allum. I know that Charles Allum, from his statement to me, agreed to give his son the said James Allum a tract of land, containing, I think, about 70 five acres, if he would keep his mother during her life time. I know also that Mrs. Allum lived with James Allum up to the time of her death in the pursuance of the contract...," as follows:

Personally appeared before me an acting Justice of the Peace in the aforesaid County, Daniel Clouse of West Finley twp., Washington Co., Pa. who after being duly sworn, saith: -- that he was well acquainted with Charley Allum of Richhill twp., Greene Co. also with James Allum his son -- that he lived in the neighborhood of both these persons; that he knows of the dificulties (sic) between Charles Allum and his wife Jemima, which resulted in a separation between them some twelve or fifteen years before the death of Mrs. Allum. I know that Charles Allum, from his statement to me, agreed to give his son the said James Allum a tract of land containing, I think, about 70 five acres, if he would keep his mother during her life time. I know also that Mrs. Allum lived with James Allum up to the time of her death in the pursuance of the contract. The same contract was stated to me by both Charles Allum and James Allum at the time of shortly after it was made. The said tract of land was situate in Richhill twp. adjoining other land of said James Allum, William Supler, and John Supler Senior. I know that James Allum took possession of the said land about the date of the contract which as appears by the article between the partyes (sic) was in November 1848 and has retained possession up to the present time.

(signed) Daniel Clouse
(June 8)

1868 RULE TO SHOW CAUSE to Remove Executor, as follows:

Petitioner believes said James Allum is not managing the estate properly but to the prejudice of the other legatees and devisees is mis-managing same. That said James Allum bid at the sale of the real estate sold under a power in the will and is now the owner of part of it. One farm being purchased by his son-in-law, all of which we think is unjust and in fraud of the rights of the other legatees and devisees and therefore pray your Honors to grant a rule upon said James Allum to show cause why he should not be removed from the office of Executor as aforesaid and we will ever pray, etc.
And now to wit September 23, 1868 Rule to Show Cause granted by the Court.
(September 23)

1868 ESTATE DEED to Isaac Allum for 134A 36P in Morris and Richhill Townships (purchased by Isaac at his father Charles' estate sale)
(October 15)
(See a transcription of the 1868 deed on the "Isaac Allum" page within this online file)

1868 ESTATE DEED to Eliza (Allum) Fry for 130A 20P in Richhill Township (purchased by Eliza at her father Charles' estate sale) between James Allum, Executor of the estate, and Eliza; the tract had been offered at Public Sale on June 25, 1868 and sold to Eliza--the highest bidder--for $27.35 per acre, totaling $3,598.00.
(October 15)

1868 ESTATE DEED to James Monroe Swartz for land in Richhill Township, the same land conveyed to Charles by Daniel Clouse in 1842 (purchased by James at Charles' estate sale; James was the husband of Charles' granddaughter, Sarah Jane Allum)
(October 15)

1868 NOTICE TO THE HEIRS of Charles Allum that James Allum's contract is "okay"; this refers to the agreement between James and his father Charles that James would care for Charles' wife Jemima, who was James' mother (bears signature of James Allum)
(December 15)

1870-1871 ALLUM Executors vs. CARROLL Administrators, Supreme Court of Pennsylvania, as follows:
(November 15, 1870 - January 3, 1871)

November 15th 1870.

Before THOMPSON, C. J., READ, AGNEW, SHARSWOOD and WILLIAMS, JJ.

Error to the Court of Common Pleas of Greene county: Of October and November Term 1870, No. 191.


C. A. Black, J. Phelan and R. W. Downey, for plaintiffs in error, cited Act of April 10th 1867, § 1, Pamph. L. 60, Purd. 1463, pl. 1; Seip v. Storch, 2 P. F. Smith 210; Acts of March 20th 1810, § 8, 5 Sm. L. 165, Purd. 597, pl. 52; March 28th 1814, § 1, 6 Sm. L. 208, Purd. 425, pl. 22; Dyott's Estate, 2 W. & S. 463; Leeds v. Bender, 6 Id. 318; Act of April 9th 1870, Pamph. L. 44; Wolfinger v. Forsman, 6 Barr 390; 1 Greenl. Ev., § 418.

A. A. Purman, for defendant in error.

The opinion of the court was delivered, January 3d 1871, by AGNEW, J.

This was an action against three joint promissors, and had been tried before arbitrators, when the plaintiff called upon Thomas Carroll, one of the defendants, to testify, under the provisions of the Act of 27th March 1865. The defendants then, under the Act of 10th April 1867, called upon William McKenna, another of the defendants, to testify. Carroll died after an appeal taken, and at the trial of the cause in court in September 1870, the defendants offered in evidence the testimony of McKenna as given to the arbitrators, which the plaintiff objected to as incompetent, and it was received by the court. This, we think, was an error. McKenna himself was incompetent to testify under the Act of 15th April 1869, Charles Allum being dead, and the action in the name of his executor. On the trial of an appeal the proceeding is de novo, and it required an Act of Assembly to make a deposition taken to be read before arbitrators competent to be read afterwards on the trial in court. McKenna's testimony was made competent before the arbitrators, not by being called by the plaintiff and his credibility thus endorsed by him, but by the calling of Thomas Carroll, a co-defendant. It is true the plaintiff by calling Carroll ran the risk of any one of his co-defendants being called by the adverse party; but this risk was assumed solely on the ground that it could safely be met by the testimony of Carroll. But when Carroll died the circumstances changed. Then the case stood precisely upon the reason of the Act of 1869, which excludes one party when the other is dead; that is, because it would be unjust to hear one party when the other party could not be called to contradict him, or to explain what might be even the truth. Carroll being dead, the plaintiff was not bound to call either of the other defendants, and in fact did not. On what proper ground, therefore, can the defendants be permitted to give in evidence the former testimony of one of them called only to rebut or explain the testimony of Carroll? The plaintiff had not endorsed his credibility, and had not chosen that he should be heard alone. His former testimony was not more competent than his present testimony, and that the judge had properly excluded and given to the defendants a bill of exceptions.

For the error stated the judgment is reversed, and a venire facias de novo awarded.


1874 FINAL ACCOUNT OF ESTATE of Charles Allum by James Allum: Balance of $22,441.99 was confirmed by the Court.
(June 10)


Shirley, letter to DeeAnna:

"I copied material by hand in four notebooks. I have impressions and memories of many things I did not copy, such as various wills and the stipulations in them--where a person was to be buried, how much the funeral and tombstone were to cost. I would enjoy reading the Will Books cover to cover, even those not about the family."

Charles married Jemima BARNHART, daughter of Harmon BARNHART and Anne McLELLAN, about 1816 in Greene County, Pennsylvania. (Jemima BARNHART was born on February 28, 1795 in New Jersey Or Pennsylvania, died on December 4, 1859 in Richhill Township, Greene County, Pennsylvania and was buried in Supler Cemetery (Removed To Enon Cemetery, Greene County, PA In 1981).)

Charles next married Caroline V. "Cal" ALLUM before December 1860.