Shep's Place Family Tree

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.

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.

Benson W. Kerr Estate: The State of Ohio, Gallia County
In Probate Court October 25, 1872
This day came the widow of the said Benson W. Kerr, deceased, before the court and declined to administer upon the estate of the said decedent and requested the appointment of William H. Markin and the court find that said appointment would be legal and one fit to be made Therefore it is ..the Court ordered that the said William H. Markin be and he is hereby appointed administrator of the Estate of the said Benson W. Kerr deceased, and the said William H Markin came before the court and accepted said appointment and gave bond to the satisfaction of the Court in the ... sum of Five hundred dollars conditioned according to law with Abraham Houck and Richard B. Houck as his sureties.
N. A. Kent Probate Judge

In obedience to the foregoing order, after being first duly sworn and upon actual view of the premises in the foregoing order described, we, the undersigned appraisers, estimate the value of said real estate at two hundred Dollars.
W. H. Clark
J. H. Thornton
Silas Dickey Appraisers

March 13th 1885

In pursuance of the foregoing order of sale, I in due form of law in the above order of sale prescribed offered the above described premises at private sale, and Lewis Niday having bid there the sum of Two Hundred dollars, at private sale and he being the highest and best bidder, and the same being appraised value thereof, I sold the same to him for that sum.
March 14th 1885 James R. Stuart, Guardian of John W. Kerr

Gallia County. Probate Court, James R. Stuart Guardian of John W. Kerr
First & Final Account.
Filed Sept 10 A.D. 1886
Journal 5" Page 116
Settled Oct 7 A.D. 1886
Recorded in Guardians' Settlements.
Book D Page 473
John J. Thomas Probate Judge

Why was James Stuart the guardian of John Wesley Kerr?

Martha Kerr Niday tried repeatedly to get a Civil War pension for herself or her children. This form is called DECLARATION OF A WIDOW FOR AN ORIGINAL PENSION. State of Ohio County of Gallia

On this fifth day of January A.D. one thousand eight hundred and ninety one, personally appeared before me James R. Stuart Notary public the same being within and for the county and State aforesaid Martha Nida, aged 60 years, who, being duly sworn according to law, makes the following declaration in order to obtain the pension provided by Acts of Congress granting pensions to widows: That she is the widow of Benson W. Kerr, who enlisted under the name of Benson W. Kerr, at Gallipolis, on the 20 day of Feb A.D. 1865, in ‎(1)‎ Co. B- 193rd Reg't Ohio Vols. in the war of 1861 to 1865, who ‎(2)‎ Disease contracted in the Army came home May 7 1865 and died August 30" 1865, who bore at the time of his death the rank of Private, in ‎(3)‎ Service; that she was married under the name of Martha Perkins to said Benson W. Kerr on the 27 day of May A.D. 1832, by Rev Perkins in Gallia county, there being no legal barrier to such marriage; that neither she nor her husband had been previously married; that the following are the names and dates of birth of all his legitimate children yet surviving who were under sixteen years of age at the father's death, to wit:
Mary F. Kerr, born March 14 1853
Wm B Kerr, born June 9" 1854
Tartus M. Kerr, born Jan 13 1857
Florida E Kerr, born July 10 1859 Dead
Price P Kerr, born June 21 ‎(?)‎ 1861 Dead
John W Kerr, born Sept 7 1865

That she has not abandoned the support of any one of his children, but that they are still under her care of maintenance ‎(5)‎ ‎[in her writing]‎ "they was all under my care until they were grown up
that she has not in any manner been engaged in, or aided or abetted, the rebellion in the United States; that she has made prior application has been filed ‎(6)‎ ‎[in her writing]‎ "I have made prior application but have not got no number
........that she hereby appoints, with full power of substitution and revocation, TUCKER, Evans & Manogue, of Washington, D.C., her attorneys to prosecute her claim; that her residence is No............and that her post office address is Lincoln Gallia county Ohio.

Martha Nida
Claimant's Signature

Attest:
Emory E. Nida
J.R. Stuart

GENERAL AFFIDAVIT
State of Ohio County of Gallia, In the matter of Martha Nida, widow of Benson W. Kerr late of Co B 193 Regt Ohio Vols.
On this 11th day of July A.D. 1891 personally appeared before me, a notary public in and for the aforesaid County, duly authorized to administer oaths, Martha Nida aged 61 years, a resident of Harriuson T.P in the County of Gallia and State of Ohio....in relation to aforesaid case, as follows:
‎[In Martha's writing]‎ That the following Record taken from the Family Bible is correct and true
Mary F. Kerr was born March 14th 1853
William B. Kerr was born June 9th 1854
Tartus M. Kerr was born January 13th 1857
Floraday Kerr was born July 10th 1859

Price P. Kerr was born June 21st 1861
John W. Kerr was born September 7th 1865

Price P. Kerr died May 14th 1866
Mary F. Kerr since marriage is known as Mary F. Shavor & Floraday Kerr since marriage is known as Floraday Hulburt Floraday Hulburt died 2 years ago from the 14th of last December She further declares that she sent to the Probate Judge for Record proof But could not obtain it Records supposed to be burned
The reason Floraday Hulburt's & Price P Kerr's names are not mentioned in the last papers they are both dead and I did not know whether it was proper to include them or not
Signed Martha Nida

AFFIDAVITS
Several neighbors of Martha Nida signed affidavits concerning her claim for a widow's pension and for her children's claim for a pension. Here are some extracts of those affidavits.

By Cornelius W. Laneer In the matter of claim for pension of Tartus M. Kerr one of the minors Benson W. Kerr, Co B 193 OVI Min Or No 336394, on this 15 day of February A.D. 1902 personally appeared before me, a notary public ....Cornelius W. Laneer aged 57 years, a resident of Bush's Mill in the County of Gallia and State of Ohio...who being duly sworn declared in relation to the aforesaid case as follows:
"That he served with Benson W. Kerr, above-named, from the organization of the regiment in 1865 to about the first days of May 1865 at which time the said Benson W. Kerr became so afflicted and disabled from a bealing under one of his arms that he had to be sent to a hospital and never rejoined our command. On our return home to this ‎(Gallia)‎ County, Ohio, in 1865-August-the said Benson W. Kerr was found to be prostrated and afflicted with the said bealing and its results from which he died in a few days after our return home. As comrades, the above soldier being a corporal, we all believed that said bealing was caused by carrying his knapsack under his arm and this was generally believed to be the cause of his death by his near neighbors and comrades who saw him and knew his condition. Affiant is mail contractor on route No. 31,217 between Bush's Mill, Ohio and Gallipolis, Ohio

Matthew L. Brown, of Eureka, saw the same thing on 14 February 1902.

On 15th day of June 1892 Jacob Hinely, aged 68 of Harrison T.P. in regard to Martha Nida's claim, said "That he was well and personally acquainted with Benson W. Kerr and considered him an able bodies man at the time of entering service That he came home some time in May 1865 quite feeble was drawn over to one side and complained all the time of his side he continued to grow worse and after becoming bed fast only lasted a few days He saw said Kerr from the time he came home sick on an average of twice a week and for the last two weeks of his life was with him the greater portion of the time and firmly believes that his death was the result of a bealing that was not drawn to a head but scattered through his system Poisoning his blood causing fever He further declares that ‎[he]‎ lived in about one and one half miles of said Kerr and that his knowledge of these facts was gained from personal observations.

Benson William Kerr and Martha seemed to have named their eldest daughter, Mary Frances, for her grandmother, Mary Hare, and the Frances for an aunt, Frances Hare who died at age 30, single.‎

Date of Record 3 June 1895
No., 164
Date of Death 1894 October 15th
Condition widowed
Age 64 years
Place of Death Harrison Township
Place of Birth Walnut Township
Occupation --
Color white
Last Place of Residence Lincoln, Gallia County, Ohio
Cause of Death La Grippe ‎[influenza]‎