Note: Three days before her 41st birthday, Jane and her four year old daughter, Arcausis Eveline, were struck by lightning. This was on the 22 May 1860 at the family farm. Jane died instantly but her daughter, Arcausis Evaline, twin of Oliver, died the following day.
I don't know the details of what happened, but I can imagine Jane Nida and her little girl sitting under a tree when a sudden spring or early summer storm was heralded by a lightning strike. How very sad.
The State of Ohio Gallia county does hereby certify that on the 7th day of March AD 1868 by virtue of License issued by the Judge of the Probate Court of said county, I joined in marriage Lewis Nida and Martha Kerr Given under my hand this 28th day of April in the year 1868. Samuel Drummond J.P.
Note: Lewis' wife Jane Blankenship had died in a freak accident in 1860 when she and one of her children were struck by lightening. Lewis had a large family of twelve children, but two of his daughters, Comfort and Elizabeth, stayed at home to help with the other children and the housekeeping.
I hope that it was more than a marriage of convenience for Martha and Lewis. They had three children--all boys--Addison, Emory and Ezra, who was my grandfather. Ezra was Lewis' seventeenth child and Martha's ninth.
Note: Will of Lewis Niday: In the Name of the Benevolent Father of all, I Lewis Niday of the County of Gallia and State of Ohio, do make and publish this my last Will and Testament.
Item First, It is my Will that all of my lawful and just debts be paid at my death, Second, I give and devise to my heirs, Addison G. Niday, Emory D. Nida an Esry C. Nida all my lands and Chattles that I own or may own at my death, said lands and chattels property to be sold at my death and then to be equally divided among the above names heirs. Third, I do hereby appoint M. H. Clark to be my lawful administrator with the Will anex. I do hereby revoke all former wills by me made. In testimony hereof I have ... set my hand and seal this Feb 11,1884. Signed and acknowledged by me as my last Will and testament in our presence and signedd by us in his presence Lewis Niday (seal) Mary H. Clark Eugene E. Clark And afterwards, to wit: on said 9th day of August A.D. 1888, the findings and orders of this Court relative to the last Will and Testament of Lewis Niday, deceased, were entered onn the Journal in words and figures following, to wit: In the matter of the Will of Lewis Niday, deceased, Probate Court, Gallia County, Ohio, August 9th 1888. Be it remembered, that heretofore, to wit: on the first day of August A.D.1888, an instrument of writ[t]ing purporting to be the last Will and Testament of Lewis Niday late of Harrison Township, in this County, deceased, was produced in open Court for probate, and was then filed. And, it now being shown to the satisfaction of the Court, that due notice of the filing of said Will and of the application to admit the same to probate and record in this Court, has been given to Martha Niday, his widow, and Demps Niday, Comfort Short, Hester A. Robinson, Hannah S. Henshaw, Elizabeth Boster, C.J. Niday, Addison G. Niday, Emery L. Niday, Ezra C. Niday, Zella J. Houck, Curtis Houck, Plome L. Houck, next of kin of the testator, pursuant to a former order of this Court; therefore, on this day came Mary H. Clark and Eugene E. Clark the subscribing witnesses to said Will who being duly qualified, testified to the due execution and attestation of said Will; which testimony was reduced to writing, by them respectively subscribed, and filed with said Will, whereupon the Court finds that the aforsaid instrument of writing is the last Will and Testament of said Lewis Niday deceased; that the same was duly executed and attested; and that the said Testator, at the time of signing the same, was of lawful age, of sound and disposing min and memory, and under no undue or unlawful restraint whatsoever. It is, therefore, by the Court ordered that the said Will be admitted to probate, and that the same, together with the testimony of the witnesses above named as as the .....
James Stuart, Guardian of John W. Kerr, Plaintiff, petition against John W. Kerr, Lewis Niday and Martha Niday, Defendants
Your petitioner, James Stuart, Guardian of John W. Kerr, represents that he is the duly appointed and qualified guardian of John W. Kerr, now of the age of 19 years, and residing with Abraham Houck, at Gallia County, Ohio.
That no personal estate of any kind, belonging to said ward, ever came to the possession or knowledge of the petitioner. That there is no personal estate of said ward dependent upon the ...of any descendent's estate or the execution of any ..., nor in expectancy.
That said ward is the owner of the .. simple of one fifth part of the following dis... real estate, situated in Gallia County, Ohio, and described as follows, to wit: Situated in Harrison township; the North....
Note: In June 1870 Lewis 54 years and Martha 40 years had been married for about two years and were in the process of blending two families. Actually, only one of Lewis' children by Jane Blankenship was at home, and that was Sarah D., eleven years old. But all of Martha's children by Benson Kerr were there on the farm: Mary 17, William 16, Tartus 14, Florida ten and John W. four. I hope that they liked their mother's new husband.
In 1880 Lewis 64 years and Martha Perkins Kerr Niday 50 years were still farming in Harrison township. All of Lewis' children by his first marriage to Jane Blankenship had left home, leaving the three boys from his second marriage to Martha, widow of Benson Kerr. The children were Addison eleven, a farmer (!); Emory D. eight and Ezra C. six. Also in the household was Martha's son John W. Kerr, aged 14 and a farmer. Martha's son Tartus M. Kerr, 23 years, was living at the neighboring farm of Abraham and Rachel Houck.
Name Note
Note: Lewis appeared to use the spelling Niday; it appeared that way in his will. However, in Martha Kerr's applications for a war pension she consistently uses the spelling Nida, as did Emory their son as a witness. In Lewis' will on the first page all the Nidays are spelled Niday, but on the second page, Emery D. Nida and Esry [Ezra] C. Nida are spelled Nida.
Date of Record May 1889 No 158 Name in Full Lewis Niday Date of Death Year 1888 Month June Day 28th Condition Married Age 72 years 27 days Place of Death Harrison Township Place of Birth Gallia County Occupation Farmer Color white Cause of Death Liver Complaint Last Place of Residence Harrison Township, Gallia County, Ohio
THE STATE OF OHIO IN PROBATE COURT. Affidavit of Administrator or Executor I, James R. Stuart, administrator of the estate of Lewis Niday, deceased, late of said County, do make solemn oath that the within and foregoing is a correct statement and bill of the sale of the property of the said estate, in all respects, to the best of my knowledge and belief. And further, that I gave proper notice of said sale by means of Notice in Five different places in Said county on Oct 31" 1888. that the Sale would be on the 15th day of November, 1888, being "at least fifteen days' previous notice," as required by law. Attached here to is a copy of said notice. Signed James R. Stuart, Administrator Sworn to and subscribed before me, this 17 day of Nov 1888 John J. Thomas Probate Judge
PUBLIC SALE BILL. A bill of the property sold by J.R. Stewart administrator of the estate of Lewis Niday late of Gallia County, deceased, at public Vendue Nov 15" A.D. 1888.
No. Weight, Description as Inventoried To Whom Sold Amount of MeasureSold For. Item or Count _________________________________________________________________ 1 5 Head of hogs Jonah Frownfelter 32.20 2 1 Sled taken by widow 50 3 1 Pair Stretchers 2 Swingle " " " 1 00 trees/truss & clevis 4 1 Pair Tounge & breast chairs " " " 50 5 1 Single plow & hoe " " "20 6 1 Double plow " " "1 00 7 1 Hillside plow " " "2 00 8 500 feet of lumber " " "6 00 9 2 Seyths & Snaths " " "50 10 1 Black mare " " "40 00 11 1 Saddle " "" 25 12 1 Large spotted cow W.B. Carter 12 00 13 1 Spotted cow Henry Irion 17 00 14 1 Bull calf W. B. Kerr 13 25 15 1 Yearling heifer W.B. Carter 8 25 16 1 " steer J.L. Fillinger 6 00 17 1 Heifer calf John Houck 4 00 18 1 Lot of Boards Taken by widow 3 00 19 1 Farm Bell Martha Niday 65 ---------Total 148 30
Schedule A Personal Goods and Chattels The following personal goods and chattels, belonging to the estate of the said decedent which have been exhibited to us, we appraise as follows:
No. of Weight,Measure Description of Articles Appriased Appraised Item of No. ArticlesValue in Item --------------------------------------------------------------------------------------------------
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