The First Will Probated in Williams County, OH, 1825 - James Jolly

By Pamela Pattison Lash

As a part of a new project I've taken on, I am investigating the early wills that were probated in what was officially deemed as Williams Co, OH.  The first probated will was that of James Jolly.  Here's what I've pieced together.  Please note that Jolly's actual residence was likely to have been in Defiance Co, OH, which became a county from land in Williams County as of 1845.  If someone can show proof of direct ancestry to James and/or Agnes Buchannan Jolly, he/she would be eligible for First Families of Williams Co, OH (through the Williams County Genealogical Society).

Williams County, OH Will Book #1 (1824-1852) Jolly, James p1 – 13 May 1825 #1

Of Highland Co, OH; will written on 16 Aug 1809; mentions wife Agnes, 6 children not of age and not named; executors wife and James M. Connell or Conrad.  Witnesses were Augustus Richard and Bigger Head.

James Jolly (1778 Washington Co, PA – 30 May 1825 Defiance, Williams Co, OH); s/o David Jolly and Elizabeth Kelly; m 1798, Highland Co, OH, Agnes Buchanan (25 Dec 1778 OH – 3 Oct 1825 Williams Co, OH; d/o James Buchanan and Agnes Turner)

Note his will mentions six unnamed, under age children so they might be – Elizabeth, Thomas, Mahala, Agnes, Sarah, and David; however, online sources state that Mahala was born in 1820, so at this point the identity of the children and their birth order is unknown.

Possible Children (from online sources):

1. Elizabeth (20 Apr 1799 Hillsboro, Highland Co, OH – 5 Sept 1887 Benton Co, IN; mar Robert S Young, 1829 Highland Co, OH)

2. Thomas (30 May 1800 - )

3. Agnes (25 Jan 1802 - ; mar James Williams)

4. Sarah (4 Dec 1803 -; mar James Craig, 31 Oct 1825 Williams Co, OH – Marriage V1 p2)

5. David (23 Oct 1806 - )

6. Jane (10 Apr 1811 Hillsboro, Highland Co, OH – 1861 Benton Co, IN; mar Samuel Addison Keyes)

7. Margaret (4 May 1813 - )

8. James Turner (1814 -16 Sept 1860 Defiance, Defiance Co, OH; mar Rebecca Ann Travis, 15 June 1843 Williams Co, OH – Marriage V1 p67)

9. Cyrus (5 Apr 1818 - )

10. Mahala 1800 or (24 Aug 1820 – ); mar Neal Dougherty, 9 June 1840 Highland Co, OH)

This information was taken from the History of the Early Settlement of Highland Co Ohio, 1890 by the Gazette office, Chapter XX111

Father David Jolly Sr. was among the first settlers in Wheeling, Virginia. His dwelling was on a hill about 3 miles from the mouth of Wheeling Creek, and the site of his cabin is still pointed out by old residents not far from the turnpike road which crosses the hill from the old toll gate to the river. His family consisted in 1790 when he lived at that place of himself, wife, and six children, with one grandchild.  From the time he made his settlement there and up to Wayne’s Treaty in 1795 the border line of civilization was in constant danger and consequent dread of Indians and not a year passed that did not witness conflicts and massacres more or less sanguinary. The fort at Wheeling afforded protection only to those within its gates.

On 8 June 1790 in Wheeling, Ohio Co, VA (now WVA) his family was attacked by Indians. James Jolly had gone to the spring some distance from the house for a bucket of water. Mrs. Jolly was standing in the door waiting for James to come with the water and when the Indians no doubting but all the family had arrived to dinner, fired from their well-chosen ambush into the house. Mrs. Jolly fell dead instantly, John was shot in the mouth and fell, very badly wounded, a daughter and grandson were also wounded at the first fire, Immediately after the fire the Indians rushed in and scalped them with their tomahawks while they were in their death struggle. James had heard the alarm and hurried making his escape and the remaining members of the family at home, who had not been injured, were William, the youngest son and his cousin Joseph McCune who was at the house on a visit. The Indians took these boys prisoners, they pillaged and fired the house and made a rapid retreat. David Jolly Sr. arrived at his desolate and burning home only in time to drag the remains of his murdered friends from the flames, which soon consumed the building. He ran to the nearest neighbor and gave alarm.

James Jolly married Agnes Buchanan c1798 in Highland Co, OH.

Early in June 1805 David Jolly and James Jolly with their families, moved up from the vicinity of Chillicothe and settled on the Rocky Fork east of present town of Hillsborough, on the farm recently owned by John H. Jolly. The Jollys were among the first settlers of Chillicothe, having emigrated to that neighborhood in the fall of 1790 from Virginia (West VA now).

Wife Mary Ann Warnock and her brother James Jolly were appointed administrators of William Warnock’s estate on December 22, 1805. He left children David, Elizabeth and Rebecka. Mary Ann as his widow and her brother James Jolly were appointed guardians on June 28, 1809.  On 16 August 1809 James Jolly wrote his will as James Jolly of Highland Co, OH.

1810 Liberty Twp, Highland Co, OH Tax List

James Jolly was a tanner, who worked at his trade on a farm in Marshall Township, afterward owned by Judge Delaplane, but now in possession of Judge Huggins. James as a tanner moved to Ft Defiance c1823.  He died c13 May 1825.  On 12 Oct 1825 Agnes Jolly has an estate probated (Probate case number 2).  These are the only two Jolly probates found in (1824-1900) Williams Co, OH probate.

According to The History of Williams Co, OH, Weston Goodspeed, 1882, p352, in St. Joseph Twp there was a Turner Jolly, a young man with no permanent abode, c Aug 1835.

US General Land Office Records, 16 Oct 1835, Land Office in Wapakoneta, Sec 14 T6N R1E, 1^st PM, Williams Co, OH – James Turner Jolly of Williams Co, OH, 40A.

US General Land Office Records, 16 Mar 1837, Land Office in Lima, Sec 23 T6N R1E, 1^st PM, Williams Co, OH – James Turner Jolly of Williams Co, OH, 40A. Note this James Turner Jolly was most likely the son of James Jolly.

James T. Jolly married Rebecca Travis, 15 June 1843 Williams Co, OH – Marriage V1 p67)

1850 Noble, Defiance, Ohio; Roll: M432_674; Page: 42B; Image: 597.

h/h 575/575 Jolly, James T 30 OH farmer $400 (could possibly 36 as age)

Rebecca 25 OH

Sarah 5 OH

William C 1 OH

1860 Noble, Defiance, Ohio; Roll: M653_947; Page: 340; Image: 131; Family History Library Film: 803947. PO Brunersburg

h/h 926/9191 Jolly, James 46 OH farmer $150

Rebecca 35 OH

Sarah 17 OH domestic

William 11 OH

Thomas 9 OH

Dills 7 OH

Catharine 5 OH