Shirley Association Genealogical Research Website

Robert Shirley (continued)
b. ca 1735 Lived in Pennsylvania

< Back to USA Index page < Branch 20 Robert Shirley

1(iii). Thomas Shirley bom November 11, 1776, Bucks County, Penn; 1860 census says bom in New Jersey; He died May 11, 1875 at age 99

"Thomas Shirley, son of Robert, was born during the Revolutionary war, in 1776, and was a young man when he accompanied his parents to Conemaugh township, where he subsequently followed agricultural life until he retired" [Stewart's History of Indiana Co, 1913]

married Mary Miller on June 30,1808. She was born Sept. 1, 1787 in Penn. Mary died April 11,1875. Mary was known as "Polly". Mary's father is probably Christain MILLER. His will lists a daughter Mary.

children:

2(i). Margaret Shirley born March 21, 1809 in Franklin County, Penn married 1st John Lampkin and 2nd Mr. Isaac Altman

2(ii). Barbara Shirley born Jan. 13, 1811 married Jacob LONG

2(iii). Robert Miller Shirley born May 30, 1813. Lived in adjoining Jefferson Co PA [not found yet in 1850 census]. He and his wife Elsie are listed as members in the Olive Cumberland Presbyterian Church in 1853. In 1858, he was a farmer, a member of the militia and was assessed for 2 horses and 3 cows. He lived in McCalmont Twp, Jefferson Co PA in 1860 and 1870 censuses Robert supposedly died in 1904.

married Elsie Kelly on 1 September 1840. She was born 13 Sept 1820 and died 12 January 1897. She was buried at United Brethern Cemetery at Panic Twp, Jefferson County

Robert Miller Shirley was born 1813, died in 1904. He married Elsie Kelly, born Sept. 13, 1820, died Jan. 12, 1897, marriage Sept. 1, 1840. Their one daughter, Sarah Susan Shirley, born Mar. 13, 1857, died Nov. 11, 1940, was my great grandmother.

children:

3(i). Mary M. Shirley born about 1841, age 19 in 1860 census

3(ii). Elsie A Shirley born about 1843, age 17 in 1860 census

3(iii). Robert M. Shirley born about 1846, age 14 in 1860 census, age 24 and living with family in 1870

3(iv). Matthias K Shirley born about 1849, age 11 in 1860 census, age 20 and living with family in 1870

3(v). Benjamin F Shirley born about 1847, age 13 in 1860 census, age 22 and living with family in 1870

3(vi). Ann E. Shirley born about 1853, age 7 in 1860 census, age 17 in 1870 census

3(vii). Sarah Susan Shirley born 13 March 1857, age 3 in 1860 census. She died 11 November 1940

3(viii). Martha J (?Amanda) Shirley born about 1859, age 1 in 1860 census, age 11 in 1870

3(ix). Rachel Shirley born about 1862, age 8 in 1870 census

3(x). Emma Shirley born about 1865, age 5 in 1870 census

2(iv). Christopher Shirley born Oct. 13,1815 in Conemaugh Township, Indiana County, Penn. Christopher died August 10, 1906 at 9.00 pm in Saltsburg, Indiana County, Penn.

See 1871 Map of Conemaugh Township showing the
location of where Christopher Shirley lived

married Mary DOUTHITT she was born Oct. 24,1823 in Indiana County, Penn. dau of John DOUTHITT and Martha LYONS; married on January 31,1843 by the Reverend Thomas Gilkerson. Mary died June 14,1910 11:35 a m in Conemaugh, Indiana, County, Penn. They are buried at Edgewood Cemetary, Saltsburg, Pa.

children:

3(i). John D. Shirley was born Jan. 2,1844 and died Aug.21,1844 (7 1/2 months old) .

3(ii). Mary Elizabeth Shirley born August 7,1845, Young Twp married William Houston

3(iii). Thomas Alexander Shirley born April 14,1848,Young Twp. Thomas died August 18,1921 in Ontario, California and Naomi died December 31,1935.

married Naomi Ruth DELLAPLANE on February 19, 1879 by the Reverend Merrlan.

No children

3(iv). Martha Jane Shirley (born May 30,1850, Center Twp) married A. Elgin RHEA on September 12, 1872. They lived in Saltzburg, Penn.

3(v). Ezekiel G. Shirley was bom August 19,1852 in Center Township. He died October 30,1853 at 14 months old

3(vi). Barbara Anna Shirley bom August 19,1854 in Indiana County, Penn. She did not marry. Anna was a member of Clarksburg Presbyterian Church. She died January 8, 1942 in Greensburg. She was buried at Edgewood Cemetary (obituary).

3(vii). David R. Shirley born Dec. 20, 1856, in Conemaugh township, and was reared and educated there. He followed farming and also lumbering, in different sections of Indiana county, being a farmer in Conemaugh, Washington and Brushvalley townships prior to moving to Center township, where he bought seventy-seven acres of land, known as the C. A. Smith farm, and there he is still interested in farming and stock raising. David Shirley and his wife were members of the United Brethren Church. He was one of the representative citizens of Center township, one whose influence is beneficial in all directions, and as such he is hearty in the support he gives to the Prohibition party.

married Eliza Douthitt Oct. 4, 1883, daughter of Samuel Douthitt, of Homer City, Indiana Co., PA.

children:

4(i). Orville Earl Shirley taught school for some time in Indiana county, and is now a clerk in the Agricultural Department at Washington, D. C.

4(ii). Roy Walton Shirley resides in southern California

4(iii). Thomas Elgin Shirley attended the public schools in White and Center township and later studied at the State normal school at Indiana, Pa. After thus thoroughly preparing for his chosen profession he began to teach school, in 1907 becoming the teacher of District No. 10 school, in Center township, and proves so satisfactory that he was retained during 1908. In 1909 he became the teacher at Brush Hollow, and then accepted the position of principal of the Risinger school, at North Homer, where he has been located since 1910. He is a member of the United Brethren Church.

4(iv). Effie Ann Shirley engaged in the millinery business at Oil City, Pa.

4(v). Mary Olive Shirley

4(vi). David Blair Shirley

4(vii). Emma Belle Shirley

3(viii). George Christopher Shirley born Oct. 8,1858 Center Twp, Indiana County, Pennsylvania. George died Dec, 10, 1931 in Conemaugh Township. George was a rural mail carrier for Saltsburg Post Office. George, Anna and Laura are all buried at Edgewood Cemetary, Saltburg, Pa.

married 1) Annabelle F. STUCHELL on January 14,1892. born Jan. 1867Anna died April 11

married 2) Laura E. SALSGIYER born March 3, 1874 and died August 7, 1946.

3(ix). James Peddicord Shirley born September 13, I860 in Conemaugh Township, Indiana County, Penn. James died May 14,1950 at 10:30 p m in Saltsburg, Penn. They are
buried in Edgewood Cemetery, Saltsburg (James obituary).

married Anna McKISSON Anna B. KISSON (1850-1907). She died Dec. 28,1907, 4:45 p m.

No children.

3(x). Lydia Margaret Shirley born September 3, 1864 in Conemaugh Township, Indiana County, Penn. married John WALTON on February 25, 1884 according to the family Bible. Lydia died January 25, 1956 in Youngstown, Ohio and was buried in Edo.v.ood C'emetery, Saltsburg, Perm (obituary). John died Aug. 6,1937.

2(v). Susannah Susan Shirley born March 15, 1818 married Ezekiel GRAY

2(vi). John W. Shirley born Oct. 2, 1821. They resided in Clarksburg, PA and later removed to Superior, Osage Co KS by 1880 census.

married 1) Ella Rosbroug April 14, 1859 at Eldersridge Presbyterian Chruch, Indiana County, Penn. She died in in Sept 1869

married 2) Margaret Marshall married before 1880.

children

3(i). Thomas Miller Shirley born about 1863 PA; lived Osage Co KS and Anderson Co TX in 1900 and 1920

married Leona Doom She was born 26 Dec 1859 KY, dau of Henry Doorn and Louise Hunter; Died 1 Sep 1932 at Dallas TX, age 72

children:

4(i). Lou Ellen Shirley born 7 Jan 1885 in Kansas; living with parents in 1920 census, age 35 single; died 18 Jan 1944 Dallas TX, age 59

4(ii). Raymond D. Shirley born 18 Apr 1886; He died 26 Nov 1937 Dallas TX

4(iii). Russell M. Shirley born Sept 1891; living with parents in 1900 census, age 9; He died 1872 at Dallas TX

4.(iv). John Henry Shirley born 10 Feb 1894 TX; living with parents in 1900 census, age 6; died 17 Jan 1968 Dallas TX, age 73

3(ii). Alexander Marshall Shirley born about 1866 PA; living in Osage Co KS in 1900

married Elizabeth _______ about 1891

children

4(i). John Shirley born Aug 1891 KS

4(ii). Sophia Shirley born Jul 1893 KS

4(iii). Myrtle Shirley born Sep 1896 KS

4(iv). Ethyl Shirley born about 1904 KS

4(v). Elizabeth Shirley born about 1907 KS

3(iii). Anna Mary Shirley born about 1867 PA

2(vii). Thomas Shirley born July 3, 1825 d. 1901; living in Shelocta Twp, Indiana Co PA in 1860 census; living with daughter Rebecca in 1900 Des Moines Co Iowa census

married Eliza Ellen FAIRMAN She was born Aug. 9, 1826 - d. July 26, 1876

children:

3(i). Melissa A. Shirley born about 1852, age 8 in 1860 census; living with sister Rebecca in 1900 census, single.

3(ii). Mathias Albert Shirley He was born March 8, 1854 - d. Aug. 19, 1910

3(iii). Thomas M. Shirley born about 1856, age 4 in 1860 census; He lived in Des Moines Iowa in 1900 in sister Rebecca's household.

3(iv). John Fairman Shirley He was born June 28, 1857 - d. Oct. 1927 in North Dakota

3(v). Rebecca Jane Shirley She was born March 25, 1859 - d. April 20, 1936 in Lee Co, Iowa. She married John Ulry Zeth LINGENFELTER, son of Zacharias Howe LINGENFELTER and Anna Mary "Annie" LAMBING. He was born 6 Feb 1860, and died 9 Jun 1931.

3(vi). Rachel Agnes Shirley She was born Dec. 13, 1861 - d. Nov., 1906 & infant son Everett

2(viii). Rev. Mathias Miller Shirley born February 27,1829 in Indiana County, Penn. Presbyterian Minister. His ministry took him from Saltzburg, Emlenton, Shelocta and as far as Utica in northern Penn. At Utica he was instrumental in establishing the first Presbyterian church. He, Rachel and other members of the family are buried just out of the village at Mill Creek. A great grand daughter Lorraine SCHMIDT, writes that he preached his last sermon there. He was unable to stand behind the pulpit because of his health and tears were in the eyes of the congregation. He died July 22,1879 at Venango Co PA

married Rachel Suzanne Longwell on October 11,1853 in Saltzburg, Indiana County, Penn. She was bom Nov. 28,1835 in Saltzburgjndiana County, Penn. to Thomas Longwell and Sarah Beamer He was a Presbyterian Minister. She died Oct. 30,1922.

children:

3(i). Thomas L Shirley bom about 1854 PA, age 16 in 1870

3(ii). Robert B Shirley bom about 1856 PA, age 14 in 1879

3(iii). Sarah Elizabeth Shirley born about 1860, age 10 in 1870 census; She married Wm. S. MCCOYr

3(iv). Iantha Murilla Shirley born about 1859, age 11 in 1870 census; She married James BILLINGSLEY

3(v). Bell Shirley born about 1863, age 7 in 1870 census

3(vi). Gleason Shirley born about 1866, age 4 in 1870 census

3(vii). Elithea Shirley born about 1870, age 0 in 1870 census

1868 Shirley vs. Shirley

Court of Common Pleas of Indiana county: Of October and November Term 1868, No. 133.

This was an action of ejectment for 180 acres of land in Conemaugh township, commenced January 2d 1865, by John Shirley and Thomas Shirley against Christopher Shirley. Both parties claimed under Thomas Shirley, Sr. On the trial before Campbell, P. J., of the 18th district, the plaintiffs gave in evidence articles of agreement dated December 21st 1852, between Thomas Shirley, Sr., and the plaintiff, by which " the said Thomas Shirley, Sr., agrees to give the said John and Thomas Shirley the farm I now live on to farm, likewise the horses and farming utensils to enable them to carry on farming said place for and during my natural life, and to have all the proceeds of the place or what they raise off it, and manage the same to the best advantage for themselves, to pay all taxes, and to have all they can make off it. Said Thomas Shirley, Sr., is to keep his stock of horses, cows and other animals usually kept on a farm, and the increase thereof (unless otherwise agreed upon), and said John and Thomas is to keep them in feed, fodder and pasture, and to have the use of them when not otherwise needed.

"In consideration whereof the said John and Thomas Shirley agree to bind themselves to keep the said Thomas Shirley, Sr., and his wife, their mother, in everything needful and necessary for their comfort and happiness in this life, for and during their natural lives, and likewise to pay all his just debts up to this time."

To this was added the following:—

" The parties in this article agree to have that part erased or annulled, that binds Thomas Shirley, Sr., to give the other party the use of his horses, but only when it suits him. Which alteration each of the parties agree to, as witness our hands, this 1st day of September 1854."

The plaintiffs further gave evidence that after 1852 they carried on the farm. Thomas being married, and living with his family in one part of the house, the father and mother in another; the sons being in possession part of the time; the old folks were well provided for, and were comfortable; Thomas employed the hands on the farm, and attended to all matters about the farm; paid taxes and the debts of his father. John left in 1855 for Illinois, returned in 1856, and left early in 1857, and stayed away a year or more; Thomas left in the spring of 1860, in consequence of some disagreement with his father;—with other evidence for the purpose of showing the fulfilment of their covenants under the contract.

They then offered to prove that when Thomas left the possession of the land in the spring of 1860 he and his father agreed that his absence should be but for a short time, and that he would return when his father would become reconciled. And that Thomas at that time, in presence of his father, refused to give up his contract, and claimed possession of the land under it.

The offer was rejected, because there was no evidence that the agreement had been communicated to the defendant. A bill of exceptions was sealed for the plaintiffs.

They further gave evidence that Ezekiel Gray went into possession when Thomas left, occupying the same part of the house. John came back whilst Gray was in possession. Gray went out at the end of the year, and John remained in possession. It appeared also that afterwards an ejectment had been commenced by the defendant against John Shirley, in which he recovered the possession of the land.

The defendant gave in evidence articles of agreement between Thomas Shirley, Sr., and himself, dated August 24th 1860, for the property in dispute, in consideration that the defendant should keep his father and mother during their lives with food, raiment, &c, and pay the father $1500 in ten years,—possession to be given to him April 1st 1861.

Under objection by the plaintiffs and exception, John Lambton testified that when John was starting for the West, he told witness he had left enough behind him to square him if he did not happen to get back; he could not get along with Thomas; he would let him try it awhile himself; that he would not farm the place with Thomas, if he would give him the place and all he could make; he and Thomas could not agree.

The defendant further gave evidence for the purpose of showing that the plaintiffs had not complied with their covenants; that his father and others of the family had endeavored to persuade Thomas to stay, but he refused, went away, and never came back to work the place; that John said he was going to the West, and they might take all up that was there ; he could make more money in the West. John went to the West in 1854, stayed about a year, came back, and farmed his father's place one season, went West again, returned to the neighborhood in about a year, got married, but did not farm the place till 1859. After Thomas left, Gray went there under a contract with the father to crop the place to the shares. John came back with the knowledge of Gray in October 1860; the father did not know he was coming; he came late at night after the old man was in bed; the wagon containing John's goods was left some distance from the house, and the goods carried in quietly for fear of the old man, and put into the end of the house in which Gray lived. Gray and John lived in the house together till the next spring when Gray left. The plaintiff's points were:—

" 1. The possession of the farm having been delivered under the agreement of December 21st 1862, it was an executed contract on the part of T. Shirley, Sr., and vested an estate in the plaintiffs, which cannot be divested, nor the contract rescinded, except by writing."

The court answered: " Possession of the land in dispute was delivered to the plaintiffs in pursuance of the contract of 21st December 1852, for the purpose of farming the same and using the horses and farming utensils to enable them to carry on farming on said place during the life of their father Thomas Shirley, Sr., the plaintiffs were to have all the proceeds of the place to manage it for themselves. In consideration thereof, they were to pay all the taxes, to keep their father's stock of horses, cows and other animals usually kept on a farm, and the increase thereof in fodder, feed and pasture, &c, and to keep their father and mother in everything needful for their comfort and happiness for and during their lives, and to pay all the old man's debts up till that date. We think this an executory contract, and so far as determining it so we answer this point in the negative."

It is apparent from the testimony, that John Shirley, one of the plaintiffs, paid little if any attention to its performance. He went West within two or three years, to follow his occupation of carpenter, and was but little on the farm for several years; and then he got back into it by unlawful means, whilst another man was occupying as tenant of his father. It also appears that Thomas left, against the remonstrance of a sister and brother-in-law, and of his father, if the testimony be true. But a question is raised on an offer by the plaintiffs to prove, that when Thomas Shirley Jr. left the place in the spring of 1860, there was an understanding between him and his father, that his absence was not to be of long continuance, and that "he would return when his father would become reconciled; and that Thomas at that time, in presence of his father, refused to give up his contract, but claimed possession of the land under it.

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		Robert Shirley (continued) b. ca 1735 Lived in Pennsylvania
		< Back to USA Index page < Branch 20 Robert Shirley
		1(iii). Thomas Shirley bom November 11, 1776, Bucks County, Penn; 1860 census says bom in New Jersey; He died May 11, 1875 at age 99 "Thomas Shirley, son of Robert, was born during the Revolutionary war, in 1776, and was a young man when he accompanied his parents to Conemaugh township, where he subsequently followed agricultural life until he retired" [Stewart's History of Indiana Co, 1913] married Mary Miller on June 30,1808. She was born Sept. 1, 1787 in Penn. Mary died April 11,1875. Mary was known as "Polly". Mary's father is probably Christain MILLER. His will lists a daughter Mary. children: 2(i). Margaret Shirley born March 21, 1809 in Franklin County, Penn married 1st John Lampkin and 2nd Mr. Isaac Altman 2(ii). Barbara Shirley born Jan. 13, 1811 married Jacob LONG 2(iii). Robert Miller Shirley born May 30, 1813. Lived in adjoining Jefferson Co PA [not found yet in 1850 census]. He and his wife Elsie are listed as members in the Olive Cumberland Presbyterian Church in 1853. In 1858, he was a farmer, a member of the militia and was assessed for 2 horses and 3 cows. He lived in McCalmont Twp, Jefferson Co PA in 1860 and 1870 censuses Robert supposedly died in 1904. married Elsie Kelly on 1 September 1840. She was born 13 Sept 1820 and died 12 January 1897. She was buried at United Brethern Cemetery at Panic Twp, Jefferson County Robert Miller Shirley was born 1813, died in 1904. He married Elsie Kelly, born Sept. 13, 1820, died Jan. 12, 1897, marriage Sept. 1, 1840. Their one daughter, Sarah Susan Shirley, born Mar. 13, 1857, died Nov. 11, 1940, was my great grandmother. children: 3(i). Mary M. Shirley born about 1841, age 19 in 1860 census 3(ii). Elsie A Shirley born about 1843, age 17 in 1860 census 3(iii). Robert M. Shirley born about 1846, age 14 in 1860 census, age 24 and living with family in 1870 3(iv). Matthias K Shirley born about 1849, age 11 in 1860 census, age 20 and living with family in 1870 3(v). Benjamin F Shirley born about 1847, age 13 in 1860 census, age 22 and living with family in 1870 3(vi). Ann E. Shirley born about 1853, age 7 in 1860 census, age 17 in 1870 census 3(vii). Sarah Susan Shirley born 13 March 1857, age 3 in 1860 census. She died 11 November 1940 3(viii). Martha J (?Amanda) Shirley born about 1859, age 1 in 1860 census, age 11 in 1870 3(ix). Rachel Shirley born about 1862, age 8 in 1870 census 3(x). Emma Shirley born about 1865, age 5 in 1870 census 2(iv). Christopher Shirley born Oct. 13,1815 in Conemaugh Township, Indiana County, Penn. Christopher died August 10, 1906 at 9.00 pm in Saltsburg, Indiana County, Penn. See 1871 Map of Conemaugh Township showing the location of where Christopher Shirley lived married Mary DOUTHITT she was born Oct. 24,1823 in Indiana County, Penn. dau of John DOUTHITT and Martha LYONS; married on January 31,1843 by the Reverend Thomas Gilkerson. Mary died June 14,1910 11:35 a m in Conemaugh, Indiana, County, Penn. They are buried at Edgewood Cemetary, Saltsburg, Pa. children: 3(i). John D. Shirley was born Jan. 2,1844 and died Aug.21,1844 (7 1/2 months old) . 3(ii). Mary Elizabeth Shirley born August 7,1845, Young Twp married William Houston 3(iii). Thomas Alexander Shirley born April 14,1848,Young Twp. Thomas died August 18,1921 in Ontario, California and Naomi died December 31,1935. married Naomi Ruth DELLAPLANE on February 19, 1879 by the Reverend Merrlan. No children 3(iv). Martha Jane Shirley (born May 30,1850, Center Twp) married A. Elgin RHEA on September 12, 1872. They lived in Saltzburg, Penn. 3(v). Ezekiel G. Shirley was bom August 19,1852 in Center Township. He died October 30,1853 at 14 months old 3(vi). Barbara Anna Shirley bom August 19,1854 in Indiana County, Penn. She did not marry. Anna was a member of Clarksburg Presbyterian Church. She died January 8, 1942 in Greensburg. She was buried at Edgewood Cemetary (obituary). 3(vii). David R. Shirley born Dec. 20, 1856, in Conemaugh township, and was reared and educated there. He followed farming and also lumbering, in different sections of Indiana county, being a farmer in Conemaugh, Washington and Brushvalley townships prior to moving to Center township, where he bought seventy-seven acres of land, known as the C. A. Smith farm, and there he is still interested in farming and stock raising. David Shirley and his wife were members of the United Brethren Church. He was one of the representative citizens of Center township, one whose influence is beneficial in all directions, and as such he is hearty in the support he gives to the Prohibition party. married Eliza Douthitt Oct. 4, 1883, daughter of Samuel Douthitt, of Homer City, Indiana Co., PA. children: 4(i). Orville Earl Shirley taught school for some time in Indiana county, and is now a clerk in the Agricultural Department at Washington, D. C. 4(ii). Roy Walton Shirley resides in southern California 4(iii). Thomas Elgin Shirley attended the public schools in White and Center township and later studied at the State normal school at Indiana, Pa. After thus thoroughly preparing for his chosen profession he began to teach school, in 1907 becoming the teacher of District No. 10 school, in Center township, and proves so satisfactory that he was retained during 1908. In 1909 he became the teacher at Brush Hollow, and then accepted the position of principal of the Risinger school, at North Homer, where he has been located since 1910. He is a member of the United Brethren Church. 4(iv). Effie Ann Shirley engaged in the millinery business at Oil City, Pa. 4(v). Mary Olive Shirley 4(vi). David Blair Shirley 4(vii). Emma Belle Shirley 3(viii). George Christopher Shirley born Oct. 8,1858 Center Twp, Indiana County, Pennsylvania. George died Dec, 10, 1931 in Conemaugh Township. George was a rural mail carrier for Saltsburg Post Office. George, Anna and Laura are all buried at Edgewood Cemetary, Saltburg, Pa. married 1) Annabelle F. STUCHELL on January 14,1892. born Jan. 1867Anna died April 11 married 2) Laura E. SALSGIYER born March 3, 1874 and died August 7, 1946. 3(ix). James Peddicord Shirley born September 13, I860 in Conemaugh Township, Indiana County, Penn. James died May 14,1950 at 10:30 p m in Saltsburg, Penn. They are buried in Edgewood Cemetery, Saltsburg (James obituary). married Anna McKISSON Anna B. KISSON (1850-1907). She died Dec. 28,1907, 4:45 p m. No children. 3(x). Lydia Margaret Shirley born September 3, 1864 in Conemaugh Township, Indiana County, Penn. married John WALTON on February 25, 1884 according to the family Bible. Lydia died January 25, 1956 in Youngstown, Ohio and was buried in Edo.v.ood C'emetery, Saltsburg, Perm (obituary). John died Aug. 6,1937. 2(v). Susannah Susan Shirley born March 15, 1818 married Ezekiel GRAY 2(vi). John W. Shirley born Oct. 2, 1821. They resided in Clarksburg, PA and later removed to Superior, Osage Co KS by 1880 census. married 1) Ella Rosbroug April 14, 1859 at Eldersridge Presbyterian Chruch, Indiana County, Penn. She died in in Sept 1869 married 2) Margaret Marshall married before 1880. children 3(i). Thomas Miller Shirley born about 1863 PA; lived Osage Co KS and Anderson Co TX in 1900 and 1920 married Leona Doom She was born 26 Dec 1859 KY, dau of Henry Doorn and Louise Hunter; Died 1 Sep 1932 at Dallas TX, age 72 children: 4(i). Lou Ellen Shirley born 7 Jan 1885 in Kansas; living with parents in 1920 census, age 35 single; died 18 Jan 1944 Dallas TX, age 59 4(ii). Raymond D. Shirley born 18 Apr 1886; He died 26 Nov 1937 Dallas TX 4(iii). Russell M. Shirley born Sept 1891; living with parents in 1900 census, age 9; He died 1872 at Dallas TX 4.(iv). John Henry Shirley born 10 Feb 1894 TX; living with parents in 1900 census, age 6; died 17 Jan 1968 Dallas TX, age 73 3(ii). Alexander Marshall Shirley born about 1866 PA; living in Osage Co KS in 1900 married Elizabeth _______ about 1891 children 4(i). John Shirley born Aug 1891 KS 4(ii). Sophia Shirley born Jul 1893 KS 4(iii). Myrtle Shirley born Sep 1896 KS 4(iv). Ethyl Shirley born about 1904 KS 4(v). Elizabeth Shirley born about 1907 KS 3(iii). Anna Mary Shirley born about 1867 PA 2(vii). Thomas Shirley born July 3, 1825 d. 1901; living in Shelocta Twp, Indiana Co PA in 1860 census; living with daughter Rebecca in 1900 Des Moines Co Iowa census married Eliza Ellen FAIRMAN She was born Aug. 9, 1826 - d. July 26, 1876 children: 3(i). Melissa A. Shirley born about 1852, age 8 in 1860 census; living with sister Rebecca in 1900 census, single. 3(ii). Mathias Albert Shirley He was born March 8, 1854 - d. Aug. 19, 1910 3(iii). Thomas M. Shirley born about 1856, age 4 in 1860 census; He lived in Des Moines Iowa in 1900 in sister Rebecca's household. 3(iv). John Fairman Shirley He was born June 28, 1857 - d. Oct. 1927 in North Dakota 3(v). Rebecca Jane Shirley She was born March 25, 1859 - d. April 20, 1936 in Lee Co, Iowa. She married John Ulry Zeth LINGENFELTER, son of Zacharias Howe LINGENFELTER and Anna Mary "Annie" LAMBING. He was born 6 Feb 1860, and died 9 Jun 1931. 3(vi). Rachel Agnes Shirley She was born Dec. 13, 1861 - d. Nov., 1906 & infant son Everett 2(viii). Rev. Mathias Miller Shirley born February 27,1829 in Indiana County, Penn. Presbyterian Minister. His ministry took him from Saltzburg, Emlenton, Shelocta and as far as Utica in northern Penn. At Utica he was instrumental in establishing the first Presbyterian church. He, Rachel and other members of the family are buried just out of the village at Mill Creek. A great grand daughter Lorraine SCHMIDT, writes that he preached his last sermon there. He was unable to stand behind the pulpit because of his health and tears were in the eyes of the congregation. He died July 22,1879 at Venango Co PA married Rachel Suzanne Longwell on October 11,1853 in Saltzburg, Indiana County, Penn. She was bom Nov. 28,1835 in Saltzburgjndiana County, Penn. to Thomas Longwell and Sarah Beamer He was a Presbyterian Minister. She died Oct. 30,1922. children: 3(i). Thomas L Shirley bom about 1854 PA, age 16 in 1870 3(ii). Robert B Shirley bom about 1856 PA, age 14 in 1879 3(iii). Sarah Elizabeth Shirley born about 1860, age 10 in 1870 census; She married Wm. S. MCCOYr 3(iv). Iantha Murilla Shirley born about 1859, age 11 in 1870 census; She married James BILLINGSLEY 3(v). Bell Shirley born about 1863, age 7 in 1870 census 3(vi). Gleason Shirley born about 1866, age 4 in 1870 census 3(vii). Elithea Shirley born about 1870, age 0 in 1870 census 1868 Shirley vs. Shirley Court of Common Pleas of Indiana county: Of October and November Term 1868, No. 133. This was an action of ejectment for 180 acres of land in Conemaugh township, commenced January 2d 1865, by John Shirley and Thomas Shirley against Christopher Shirley. Both parties claimed under Thomas Shirley, Sr. On the trial before Campbell, P. J., of the 18th district, the plaintiffs gave in evidence articles of agreement dated December 21st 1852, between Thomas Shirley, Sr., and the plaintiff, by which " the said Thomas Shirley, Sr., agrees to give the said John and Thomas Shirley the farm I now live on to farm, likewise the horses and farming utensils to enable them to carry on farming said place for and during my natural life, and to have all the proceeds of the place or what they raise off it, and manage the same to the best advantage for themselves, to pay all taxes, and to have all they can make off it. Said Thomas Shirley, Sr., is to keep his stock of horses, cows and other animals usually kept on a farm, and the increase thereof (unless otherwise agreed upon), and said John and Thomas is to keep them in feed, fodder and pasture, and to have the use of them when not otherwise needed. "In consideration whereof the said John and Thomas Shirley agree to bind themselves to keep the said Thomas Shirley, Sr., and his wife, their mother, in everything needful and necessary for their comfort and happiness in this life, for and during their natural lives, and likewise to pay all his just debts up to this time." To this was added the following:— " The parties in this article agree to have that part erased or annulled, that binds Thomas Shirley, Sr., to give the other party the use of his horses, but only when it suits him. Which alteration each of the parties agree to, as witness our hands, this 1st day of September 1854." The plaintiffs further gave evidence that after 1852 they carried on the farm. Thomas being married, and living with his family in one part of the house, the father and mother in another; the sons being in possession part of the time; the old folks were well provided for, and were comfortable; Thomas employed the hands on the farm, and attended to all matters about the farm; paid taxes and the debts of his father. John left in 1855 for Illinois, returned in 1856, and left early in 1857, and stayed away a year or more; Thomas left in the spring of 1860, in consequence of some disagreement with his father;—with other evidence for the purpose of showing the fulfilment of their covenants under the contract. They then offered to prove that when Thomas left the possession of the land in the spring of 1860 he and his father agreed that his absence should be but for a short time, and that he would return when his father would become reconciled. And that Thomas at that time, in presence of his father, refused to give up his contract, and claimed possession of the land under it. The offer was rejected, because there was no evidence that the agreement had been communicated to the defendant. A bill of exceptions was sealed for the plaintiffs. They further gave evidence that Ezekiel Gray went into possession when Thomas left, occupying the same part of the house. John came back whilst Gray was in possession. Gray went out at the end of the year, and John remained in possession. It appeared also that afterwards an ejectment had been commenced by the defendant against John Shirley, in which he recovered the possession of the land. The defendant gave in evidence articles of agreement between Thomas Shirley, Sr., and himself, dated August 24th 1860, for the property in dispute, in consideration that the defendant should keep his father and mother during their lives with food, raiment, &c, and pay the father $1500 in ten years,—possession to be given to him April 1st 1861. Under objection by the plaintiffs and exception, John Lambton testified that when John was starting for the West, he told witness he had left enough behind him to square him if he did not happen to get back; he could not get along with Thomas; he would let him try it awhile himself; that he would not farm the place with Thomas, if he would give him the place and all he could make; he and Thomas could not agree. The defendant further gave evidence for the purpose of showing that the plaintiffs had not complied with their covenants; that his father and others of the family had endeavored to persuade Thomas to stay, but he refused, went away, and never came back to work the place; that John said he was going to the West, and they might take all up that was there ; he could make more money in the West. John went to the West in 1854, stayed about a year, came back, and farmed his father's place one season, went West again, returned to the neighborhood in about a year, got married, but did not farm the place till 1859. After Thomas left, Gray went there under a contract with the father to crop the place to the shares. John came back with the knowledge of Gray in October 1860; the father did not know he was coming; he came late at night after the old man was in bed; the wagon containing John's goods was left some distance from the house, and the goods carried in quietly for fear of the old man, and put into the end of the house in which Gray lived. Gray and John lived in the house together till the next spring when Gray left. The plaintiff's points were:— " 1. The possession of the farm having been delivered under the agreement of December 21st 1862, it was an executed contract on the part of T. Shirley, Sr., and vested an estate in the plaintiffs, which cannot be divested, nor the contract rescinded, except by writing." The court answered: " Possession of the land in dispute was delivered to the plaintiffs in pursuance of the contract of 21st December 1852, for the purpose of farming the same and using the horses and farming utensils to enable them to carry on farming on said place during the life of their father Thomas Shirley, Sr., the plaintiffs were to have all the proceeds of the place to manage it for themselves. In consideration thereof, they were to pay all the taxes, to keep their father's stock of horses, cows and other animals usually kept on a farm, and the increase thereof in fodder, feed and pasture, &c, and to keep their father and mother in everything needful for their comfort and happiness for and during their lives, and to pay all the old man's debts up till that date. We think this an executory contract, and so far as determining it so we answer this point in the negative." It is apparent from the testimony, that John Shirley, one of the plaintiffs, paid little if any attention to its performance. He went West within two or three years, to follow his occupation of carpenter, and was but little on the farm for several years; and then he got back into it by unlawful means, whilst another man was occupying as tenant of his father. It also appears that Thomas left, against the remonstrance of a sister and brother-in-law, and of his father, if the testimony be true. But a question is raised on an offer by the plaintiffs to prove, that when Thomas Shirley Jr. left the place in the spring of 1860, there was an understanding between him and his father, that his absence was not to be of long continuance, and that "he would return when his father would become reconciled; and that Thomas at that time, in presence of his father, refused to give up his contract, but claimed possession of the land under it.
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