Nancy Shirk

b. circa 1786
BirthCircacirca 1786 Nancy Shirk was born in Virginia circa 1786.1 
Marriage She married first Adam Nelson.2 
Marriage5 Mar 1829 She married second John Ryburn, son of William Ryburn and Mary (?), on 5 Mar 1829 in Franklin County, Indiana.3 
Cens-18301830  John and Nancy's marriage resulted in a combined Franklin County household containing 5 males aged 10 to 30 and 4 females aged 10-20. In addition, John was most likely the male indicated in the 40-50 age group, and Nancy was probably the female indicated in the same age bracket.4 
  The two families got along well together; in August 1830 John's daughter Margaret married Nancy's son David. And the following January John's daughter Ann married Nancy's son Robert. 
Court Record12 Nov 1832  Nancy was named among the individuals receiving payments from the estate of Andrew Shirk on 12 Nov 1832 in Franklin County. She was referenced as both Nancy Nelson and Nancy Ryburn. Equal payments were made to David Shirk, Joseph Shirk, Samuel Shirk and Andrew Shirk who was also the executor. Smaller amounts were paid to Nancy Nelson [Ryburn], John Shirk and Martha Wilkins. 
1835  In 1835 John and Nancy apparently decided to avert any potential problems involving their childrens' inheritance(s). Since John sold his own land just before their marriage, he and Nancy were no doubt living on the land owned by she and her first husband, Adam Nelson. But legally Nancy was only entitled to a dower third of this land; the remainder belonged to her children, most of whom were now of legal age.

In April 1835 (using words that suggested his health was failing) John wrote his will, stipulating among other things that he had no claim to Nancy's land. The following month Nancy's son Robert initiated court proceedings asking that the land be divided and that his mother's dower be set off. This did not indicate friction within the family, but was a typical procedure required when land needed to be divided among a large number of heirs. The court determined that the land could not be divided equally so it decreed that Nancy's third should be set off and the balance sold. In November 1835 John Ryburn was appointed to represent Nancy's two underage children in the proceedings. Three of Nancy's sons purchased the balance of the land; the money arising from the sale was divided among all of Adam and Nancy Nelson Ryburn's children (or their heirs). Ironically, the settlement details were recorded in Franklin County court the month after John Ryburn's will was probated.5,2 
Widowed1838  Nancy was widowed for the second time when John died in 1838. His will named her as executrix and left her the family money, notes, crops, household and kitchen furniture.6 
Cens-18401840  Following John's death Nancy assumed the roll of head of the household. She was listed as such on the Franklin County 1840 census. The enumeration did not include any male members but did include 1 female 10-14, 1 female 20-29 and 1 female 40-49 [probably Nancy].7 
Cens-185017 Sep 1850 Nancy remained in Brookville Township where she was enumerated on the 1850 census. She stated that she owned land valued at $5,000. Also in her home were two children: James and Virginia Heaton.8 
  They may have been the children of Martha Nelson who married William Heaton in 1839 in Franklin County.9 
Cens-18605 Jun 1860  The Heten children were not present in 1860, but by then Nancy, at age 74, was providing a home for a __ Kimble and Virginia Kimble (ages 22 and 18) and a 1 year old child, John Kimble.1 

Family

Adam Nelson
The exact birth order of Nancy and Adam Nelson's children is not known to me. 
Children
  • Robert Nelson2 (circa 1806 - )
  • Mary Nelson2
  • Andrew Nelson
  • David Nelson2 (circa 1810 - )
  • Martha Nelson2
  • Adam Nelson2
  • Nancy Nelson2
  • John Nelson2
Last Edited13 Nov 2011

Citations

  1. [S1413] Nancy Ryburn household, 1860 U.S. census, Franklin Co., Indiana, pop. sched., Brookville Township, p. 175 (added script), dwelling 46, family 43, viewed online at Ancestry.com, April 2006, image 7 of 96. Enumeration includes: Nancy Ryburn, 74, farmer, owns real estate: $3,000, b. VA; __ow Kimble, male, 22, farmer, b. IN; Virginia Kimble, 18, b. IN; John Kimble 1, b. IN.
  2. [S1459] Petition of Robert Nelson for division of property (1838), Franklin Co., Indiana Probate Court Complete Order Book 3: 36. This record contains a report of the court proceedings surrounding the petition, first filed in May 1835 by Robert Nelson to divided the property left to the heirs of Adam Nelson, deceased. The widow was named as Nancy Nelson, now Nancy Ryburn. The heirs were named as: Robert Nelson, Andrew Nelson, David Nelson, Martha Nelson, Adam Nelson, John Nelson and Nancy Nelson. Several Tyner children (Martha Ann, Mary Jane, Charlotte, Robert Nelson Tyner) were also named as heirs through the share of their deceased mother Mary Tyner, late Mary Nelson. A dower third of the land was set off to Nancy Ryburn; the remainder was sold to Robert, Andrew and David Nelson.
  3. [S1402] "Franklin County, Indiana Marriages 1827-1829", abstracts, USGenWeb: Indiana, Franklin County (http://www.rootsweb.com/%7Einfrankl/marr1827.html). "John Ryburn marr Nancy Nelson 03-05-1829" [March 5].
  4. [S1405] John Ryburn household, 1830 U.S. cens., Franklin Co., Indiana, p. 305 stamped, viewed online at Ancestry.com, April, 2006, image 81 of 122.
  5. [S1168] Maurice Holmes, Court Records of Franklin County, Indiana, p. 158, citing Probate Court Order and Minute Book C, p. 63 which states that John Ryburn was appointed guardian of John Nelson and Nancy Nelson, minor heirs of Adam Nelson, dec'd. John posted bond in the amount of $1,100 with Nathan D. Gallion as his security.
  6. [S1458] John Ryburn will (1838), Franklin Co., Indiana Probate Order Book C: 219. Witnessed by Nathaniel Hammond, George Holland, and __ St. John.
  7. [S1406] Nancy Ryburn household, 1840 U.S. cens., Franklin Co., Indiana, 295 (b) stamped, line Apr. 2006, image 82 of 148. Note: as of Apr. 06 Ancestry.com incorrectly lists this image as part of Fountain Co., IN, viewed online at Genealogy.com.
  8. [S1437] Nancy Ryburn household, 1850 U.S. census, Franklin Co., Indiana, pop. sched., Brookville Township, p. 289 (stamped), dwelling 170, family 170, viewed online at Ancestry.com, Apr. 2006, image 25 of 87. Household includes: Nancy Ryburn, 64, owns land: $5,000, b. VA; James Heten, 10, b. IN; Virginia [Heten?], b. VA.
  9. [S16] Probate records for the estate of Adam Nelson establish that he had a daughter Martha.