Nancy A. Hively Avery v Franklin Avery (Journal 7 p587 - Nov 1871; Roll 23 case number 56 - Oct 1871) – see Lindersmith (when posted)
By Pamela Pattison Lash (updated 2010)
The couple was married on 9 Nov 1861 in Allegan Co, MI. They had a daughter Mary M Avery, b1862. Nancy was the daughter of Isaac and Magdalene (Bible) Hively. In the 1850 Richland Twp, Defiance Co, OH federal census p29, the Hively family was listed as Isaac 46 OH laborer, Magdalene 29 OH, Sarah 17 OH, Caroline 12 OH, Angeline 12 OH, George 9 OH, Elizabeth 7 OH, Rebecca 5 OH, Nancy 2 OH, and Catherine 4/12 OH. Prior to this census the 1840 Independence, Henry Co, OH federal census enumerated Isaac Hively and family. According to the 1860 Superior Twp, Wms Co, OH federal census, p188B, Nancy Hively was part of the household of John G. Pew 23 OH, Angeline 22 OH, Mary 3 OH, George 1 OH, Nancy Hively 14 OH, Beretha or Ruth Pew 65 CT, and Arvilla McDaniels 46 NY. It appears that Nancy and Angeline Hively Pew were sisters and daughters of Isaac and Magdalena Bible Hively, who were married in Wms Co, OH on 3 Oct 1836 (Marriage V1 p20). The father Isaac had died c1859 in Williams Co, but mother Magdelena resided in Superior Twp, Wms Co and died on 4 Apr 1890.
Nancy Avery stated that she had supported herself and the child for the last five years. Franklin had left her in 1866 and his whereabouts were unknown. She called the following witnesses to substantiate her case: Catherine Hively, Angeline Lindersmith (her sister had divorced and remarried), Osmon Dolph, and Mrs. Magdaline Hively; Osmon Dolph owned a hotel in Jefferson Twp where Nancy’s sister Angeline Hively Pew Lindersmith lived in 1870. Nancy was granted a divorce. On 5 Jan 1870 in the Williams County probate records (#1333) a guardianship was determined for Maria M. Avery. Mother Nancy disappeared from the 1870 federal census, but in the 1870 Superior Twp, Wms Co, OH federal census p35, Mary Avery 8 OH lived with Milton Sheets and wife Rebecca Hively Sheets, her aunt and uncle. Again in the 1880 Superior Twp, federal census, Mary Avery 17 MI with parents native to MI (father) and OH (mother) resided with Milton J. Sheets and Rebecca Hively Sheets.
Nancy married Hiram W. Tawney on 1 Jan 1874, Wms Co (Marriage V4 p318). Hiram was the son of Frederick and Anna Tawney and was listed with them in the 1870 Bryan, Pulaski Twp federal census p165, as Hiram 18 PA; the Tawney family moved as discovered in the 1880 Harrison, Franklin Co, KS federal census p55, and was listed as Frederick 72 PA, Anne 69 PA, Hiram 29 OH, Nancy 33 OH, and Ida 12 OH. Note that Hiram’s birthplace shifted from PA to OH. By the 1900 Harrison Twp, Franklin Co, KS federal census p179, the family was enumerated as Hiram W. Tawney Apr 1842 (48) OH blacksmith, Nancy Jan 1848 (52) OH mother of 3 with 2 children surviving, Mabel E July 1896 (3) KS adopted daughter. This family was also found in the 1910 Harrison Twp federal census p61, as Hiram W. Tawney 57 OH blacksmith, second marriage of 37 years with 3 children, 2 surviving, Nancy 61 OH, second marriage, and daughter Mabel 13 KS with parents native of OH. Many questions still need answers as to the particulars of Nancy, her daughter Mary, and errant ex-husband, Franklin Avery.