Person Page - 99

     Sarah B. Jenkins was buried at Wayne, IA.¹ Sarah B. Jenkins was also known as Sarah B..³ Her married name was Kellenbarger.¹ She was born in 1820.³ She married William Bishop Kellenbarger, son of Colonel Joseph Kellenbarger, on 4 April 1839 at Perry, IN.^1,4,2 Sarah B. Jenkins and William Bishop Kellenbarger appeared on the census of 30 July 1870 at dwelling 80, Washington Twp, Wayne, IA; Killenburger:
William, 55, Farmer, 4000, 1125, KY
Sarah, 50, KY
Rachel, 21, IN
Joseph, 18, IN
Benjamin, 13, IN
Adeline, 10, IN
Joseph, 88, IN
Benford Isaac, 24, IN, 0, 400. Sarah B. Jenkins died on 25 June 1893 at Cambria, IA.³

     Colonel Joseph Kellenbarger The surname varies between researchers. The Kellenbarger variant is curently used by living descendants who say Joseph was the first one to use it. He was born on 12 August 1782 at PA.^4,5,6 He was the son of George Adam Kellenberger.³ As of 1807, Colonel Joseph Kellenbarger was also known as Killenberger.⁷ As of 1807, Colonel Joseph Kellenbarger was also known as Kellenberger.⁸ He was in war of 1812. in 1812.⁹ He appeared on the census of 1820 at Breckenridge, KY; Males:
1 to 10 (son William Bishop)
1 10-16 (son John Lewis)
1 26-45 (head Joseph)
1 45+ (maybe father George Adam?)
Females:
1 10-16 (???)
1 26-45 (Rachel Lamar). He Not found in 1850 Census. in 1850. He appeared on the census of 30 July 1870 in the household of William Bishop Kellenbarger and Sarah B. Jenkins at dwelling 80, Washington Twp, Wayne, IA; Killenburger:
William, 55, Farmer, 4000, 1125, KY
Sarah, 50, KY
Rachel, 21, IN
Joseph, 18, IN
Benjamin, 13, IN
Adeline, 10, IN
Joseph, 88, IN
Benford Isaac, 24, IN, 0, 400. As of 30 July 1870, Colonel Joseph Kellenbarger was also known as Killenburger.¹⁰ He died on 2 February 1872 at Cambria, Wayne, IA, at age 89.^11,12,13

     William Bishop Lamar Signed a will in 1812 in Hawkins County, TN, actually lived in Frederick Co, MD
He was en route from overseeing his land in KY back to his home in MD when he signed the will. On the route back, he fell off his horse while crossing the Cumberland Gap. His will stated what happened and he died there.
Served as Lieut. in Capt. John Jones' Co, 7th Maryland Regt.
He owned vast estates in Maryland and in Breckenridge Co, KY [per LeMar]1810 Frederick Co, MD census, page 393

WILL: Will of William B. Lamer dated August 29, 1812 p on file on page 308, Hawkins County, TN, transcribed by Tom Lamar Coughlin, 8/6/2001

WILL: In the name of God, amen:
Be it known and remembered that I, Wm B. Lemar of the county of Frederick and State of Maryland, now within Hawkins County and state of Tennessee, and on my way from the state of Kentucky to my residence in Frederick county aforesaid, and being sick and in a low state of health, but of perfect mind and memory and calling to mind(?) the certainty of death and uncertainty of life do make this as my last Will and Testament, revoking all former wills, deed of gift bequests, etc. and in the first place doth will and desire that (after resigning my soul to Almighty God who gave it me) my body be decently buried at the expense of my estate.
And Secondly, I give to my son Marine T. Lemar a tract of land which I purchased from John Lewis the same containing 160 acres situated in Breckenridge County State of Kentucky adjoining lands of Joseph Sibleisbarger(?) reference to said John Lewis deed to me will more fully explain, and also I give to him my son Marine aforesaid one Negro boy called Tom, one horse, one cow, and also a noteof hand on Perry Rice one hundred twenty eight dollars and 12 cents. Thirdly,I give to my two sons Benjamin S. Lemar and Richard S. Lemar the tract of land on which I live, including all the land which has not been conveyed to my sons Thomas and William Lemar, to be equally divided between the said Benjamin and Richard, And to Benjamin I also give a Negro boy named Andrew, one horse, one cow, And to Richard, I give a Negro boy named Jack, one horse and one cow.Fourthly, I give all my stock of negroes not heretofore disposed of by this will and excluding such as I have previously bequeathed to my children, to be equally be divided between my four daughters, and all my moveable estate of every description including (XXXX?) notes , excepting the one herein named towit: the one given to my son Marine, to be equally divided between my daughters aforesaid, say Henney, Sally, Susannah, and Rachael.
Fifthly, I also give a feather bed to each of my sons Benjamin and Richard in addition to what I have heretofore given them by thiswill. Lastly, I appoint my sons William and Thomas Lemar executors of this my last will and testament.
Signed, sealed and acknowledged in the presence of those whose names are here unto set. 29th August, 1812 William Bishop Lemar(seal)
Daniel Dech
George Morrison
Joseph Mc M(???)


Signed a will in 1812 in Hawkins County, TN, actually lived in Frederick Co, MD He was en route from overseeing his land in KY back to his home in MD when he signed the will. On the route back, he fell off his horse while crossing the Cumberland Gap. His will stated what happened and died there.

Served as Lieut. in Capt. John Jones' Co, 7th Maryland Regt.


He owned vast estates in Maryland and in Breckenridge Co, KY [per LeMar]

1810 Frederick Co, MD census, page 393.^1,2
He was born on 3 August 1745 at Prince George's, MD.¹ He died on 29 August 1812 at Hawkins, TN, at age 67.¹

      Charles Kellenberger was also known as Kellenbarger.^1,3 Charles Kellenberger was also known as Charlie.² He was born circa 1856 at IN.³ He was the son of John H. Kellenberger.² Charles Kellenberger appeared on the census of 18 June 1880 at dwelling 118, Tippecanoe, Town of Monterey, Pulaski, IN; Kellenbarger, Charles, 24, Farm labor, IN OH OH
Jane, 28, wife, IN OH OH
Ola, 4, daughter, IN.
He died in 1922 at killed at Monon Stone Crusher, Monon.²

     John Lewis Kellenbarger was born in 1810 at KY.³ He was the son of Colonel Joseph Kellenbarger.³ John Lewis Kellenbarger died in 1847 at IA.³

     John H. Kellenbarger was born circa 1840 at IN.² He was A John H. Kellenbarger of Iowa is shown in the Civil War:
Co. B, 3rd Iowa Infantry, Private, and
Co. I, 9th Iowa Cav., 1st Lieut.
Both for the Union. circa 1864 at Civil War.³ He appeared on the census of 27 July 1870 at Buena Vista Twp., Jasper, IA; John H., 30, Farmer, IN
Josephine, 28, IA
Stella, 1, IA
Living next to William Elliott and family. As of 1889, John H. Kellenbarger was also known as J. H..⁴ He lived in 1889 at Buena Vista Twp., Kellogg, IA.⁴ He was J. A. Kellenbarger, of Dale, NE and B. W. Kellenbarger, of Marna, NE visited their brother J. H. Kellenbarger, of Buena Vista Township. He and his two daughters Petta and Ota, accompanied him last Saturday to his parents' home in Humeston, this state, to attest their Golden Wedding Anniversary and family reunion. on 8 March 1889 at Buena Vista Twp., Kellogg, IA.⁴ He was Mr. J. H. Kellenbarger returned last Thursday from Humeston, this state, where he attended the Golden Wedding of his parents. About forty relatives, old acquaintances and friends were present and participated in the Celebration. "The music, select readings, letters, presents, and general personal make-up of the party", says the Humeston New Era, "showed a family descent, range of acquaintances and old friends, very largely social, spiritual and intellectual in character. According to the natural lot of man, Father and Mother Kellenbarger have witnessed their last and only golden wedding on this earth, yet it is the earnest wish of the New Era and its readers that they may be permitted to have many family reunions here below, and then as Mother Kellenbarger, in her remarks requested, have a grand, unbroken family reunion around the Great White Throne in Heaven." Father and Mother Kellenbarger were recipients of a fine collection of beautiful and useful presents. on 15 March 1889 at Buena Vista Twp., Kellogg, IA.⁴

     Robert Leland Lewis was born on 12 July 1924 at NE.¹ He died on 15 November 1989 at Sacramento, CA, at age 65.¹

     Her married name was Simenak.¹ Patricia Ann Hurley was born on 20 March 1925 at NE.¹ She died on 31 January 1986 at Orange, CA, at age 60.¹

     Her married name was Sonner.¹ Ann Maria Kellenbarger married Henry Sonner.¹

     Henry Sonner married Ann Maria Kellenbarger.¹ Henry Sonner was born in December 1801 at Shen, Strasburg, VA.¹ He died on 2 September 1872 at Ollie, Keokuck, IA, at age 70.¹

     Charles William Kellenbarger 2 children with Susan Ashcroft and 6 with Sarah Davis.² He ended military service at Civil War; B 79 Indiana Infantry.³ He was born on 12 June 1838 at Perry, IN.⁴ He was the son of John Lewis Kellenbarger.² Charles William Kellenbarger married Susan Amanda Ashcraft on 8 July 1858.⁴ Charles William Kellenbarger married Sarah Jeanette Davis on 31 August 1871.⁴ Charles William Kellenbarger and Amanda J. Davis appeared on the census of 1880; Neither Charles nor Amanda found in the 1880 Census. Charles William Kellenbarger married Amanda Jane Davis after 1885.⁴ Charles William Kellenbarger died before 1890.³ He was Pension filed by widow Amanda J. in Iowa. on 13 November 1890 at IA.³ He died on 2 January 1924 at Emerson, IA, at age 85.⁴ He was Pension filed by widow Amanda J. in Iowa. on 2 February 1924 at IA.³

      Susan Amanda Ashcraft was also known as Amanda J..¹ Her married name was Kellenbarger. She was born on 2 February 1836 at Keokuk, IA.² She married Charles William Kellenbarger, son of John Lewis Kellenbarger, on 8 July 1858.² As of 8 July 1858,her married name was Kellenbarger.² Susan Amanda Ashcraft died on 20 February 1868 at age 32.²

     George Hilary Kellenbarger was born in May 1859 at IA.² He was the son of Charles William Kellenbarger and Susan Amanda Ashcraft.¹ George Hilary Kellenbarger married Emma B. Mclain in 1904 at Montgomery, IA.¹ George Hilary Kellenbarger died on 19 August 1932 at age 73.²

     Emma B. Mclain died at Emerson, Mills, IA.¹ She was born on 4 January 1872 at Biggsville, Henderson, IL.¹ As of 1904,her married name was Kellenbarger.¹ She married George Hilary Kellenbarger, son of Charles William Kellenbarger and Susan Amanda Ashcraft, in 1904 at Montgomery, IA.¹

     Leslie Robert Kellenbarger was born on 26 June 1905 at Genoa, Nance, NE.¹ He died on 2 July 1944 at Omaha, Douglas, NE, at age 39.¹

     Her married name was Kellenbarger.¹ Amanda J. Davis and Charles William Kellenbarger appeared on the census of 1880; Neither Charles nor Amanda found in the 1880 Census. Amanda J. Davis died after 2 February 1924.²

     Tami Jane Green COURT OF APPEALS
     FAIRFIELD COUNTY, OHIO
     FIFTH APPELLATE DISTRICT


ANTHONY LIMATO,

     Plaintiff-Appellant

-vs-

FAIRFIELD COUNTY, ET AL.,

     Defendants-Appellees

          
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JUDGES:
Hon. William B. Hoffman, P.J.
Hon. John W. Wise, J.
Hon. John F. Boggins, J.

Case No.      02CA16
     02CA17
02CA20

O P I N I O N
                    

CHARACTER OF PROCEEDING:          
Appeals from the Fairfield County Common Pleas Court
Case Nos. 00CV184, 00CV285, 00CV268
          
JUDGMENT:          Affirmed
          

DATE OF JUDGMENT ENTRY:          
12/2/2002
          

APPEARANCES:

For Plaintiff-Appellant -Anthony Limato
JOHN M. GONZALES
132 Dorchester Sq. Ln., Suite 100
Westerville, Ohio 43081

For Plaintiff-Appellant-Stephen R. McCann
STEPHEN R. MCCANN
11 North 4th Street
Zanesville, Ohio 43720

For Plaintiff-Appellant - Janet Poling, Administrator of the Estate of Tami Kellenbarger
RON PLYMALE
495 South High Street, Suite 400Columbus, Ohio 43215          


For Defendants-Appellants
DOUGLAS SUTER
250 East Broad Street
Columbus, Ohio 43215-3742







          

Boggins, J.
     These are appeals from summary judgment decisions of the Fairfield County Common Pleas Court in consolidated cases arising out of the same event, to wit: Anthony Limato v. Fairfield County, et al., Case No. 00CV184, Janet Poling, Admx. Of the Estate of Tami Kellenbarger v. Fairfield County, et al., Case No. 00CV285 and Justin Kellenbarger, et al. v. Fairfield County, et al., Case No. 00CV268.
ASSIGNMENTS OF ERROR
     The three Assignments of Error are:
I.
     "THE TRIAL COURT IMPROPERLY GRANTED SUMMARY JUDGMENT WHEN THERE EXISTED MATERIAL FACTS WITH REGARD TO WHETHER FAIRFIELD COUNTY WAS IMMUNE FROM LIABILITY."
II.
     "THE TRIAL COURT IMPROPERLY GRANTED SUMMARY JUDGMENT WHEN THERE EXISTED MATERIAL FACTS WITH REGARD TO WHETHER FAIRFIELD COUNTY NEGLIGENTLY DESIGNED, CONSTRUCTED, MAINTAINED AND INSPECTED THE CULVERT."
III.
     "THE TRIAL COURT IMPROPERLY GRANTED SUMMARY JUDGMENT WHEN THERE EXISTED MATERIAL FACTS WITH REGARD TO WHETHER FAIRFIELD COUNTY'S NEGLIGENCE WAS THE PROXIMATE CAUSE OF PLAINTIFF'S INJURIES AND DEATH."
STATEMENT OF THE FACTS AND CASE
     The facts presented are that Tami Kellenbarger and her daughter Courtney Kellenbarger died as a result of an accident on January 22, 1999 in which Tony Limato was injured.
     This accident occurred as a result of the road surface of Coonpath Road over Pleasant Run Creek's culvert being washed out.
     Appellants asserted that the wash out and resulting deaths and injuries were due to the negligence of appellees in construction, inspection and maintenance of such culvert.
     The summary judgment motions of appellees based upon governmental immunity were sustained.
I., II., III.
     Each of the Assignments of Error address the summary judgment ruling and to that extent will be addressed simultaneously.
     Civ.R. 56(C) states, in pertinent part:
     "Summary Judgment shall be rendered forthwith if the pleadings, depositions, answers to interrogatories, written admissions, affidavits, transcripts of evidence in the pending case, and written stipulations of fact, if any, timely filed in the action, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. A summary judgment shall not be rendered unless it appears from such evidence or stipulation and only therefrom, that reasonable minds can come to but one conclusion and that conclusion is adverse to the party against whom the motion for summary judgment is made, such party being entitled to have the evidence or stipulation construed most strongly in his favor."
     Pursuant to the above rule, a trial court may not enter a summary judgment if it appears that a material fact is genuinely disputed. In order to survive a motion for summary judgment, the non-moving party must produce evidence on any issue to which that party bears the burden of production at trial. Wing v. Anchor Media Ltd. of Texas (1991), 59 Ohio St.3d 108, citing Celotex v. Catrett (1986), 477 U.S. 317. Summary judgment proceedings present the appellate court with the unique opportunity of reviewing the evidence in the same manner as the trial court. Smiddy v. The Wedding Party, Inc. (1987), 30 Ohio St.3d 35, 36.
     Revised Code Chapter 2744 provides an analysis for determining the availability of sovereign immunity to political subdivisions. R.C. §2744.02(A)(1) provides that a political subdivision is generally not liable for injury, death or loss to persons or property incurred in connection with the performance of a governmental or proprietary function of that political subdivision. This provision is generally referred to as the "blanket immunity" provision.
     An exception to the defense of such blanket immunity is stated in R.C. §2744.02(B)(3):
     "(3) Except as otherwise provided in section 3746.24 of the Revised Code, political subdivisions are liable for injury, death, or loss to person or property caused by their failure to keep public roads, highways, streets, avenues, alleys, sidewalks, bridges, aqueducts, viaducts, or public grounds within the political subdivisions open, in repair, and free from nuisance, except that it is a full defense to that liability, when a bridge within a municipal corporation is involved, that the municipal corporation does not have the responsibility for maintaining or inspecting the bridge."
     The Ohio Supreme Court in Franks, Admr. V. Lopez (1994), 69 Ohio St.3d 345 has stated:
     "We decline to expand our definition of the term "nuisance" as found in R.C. §2744.02(B)(3) to embrace design and construction defects..."
     With this design and construction defect exclusion to the "nuisance" definition and the fact that no claim of notice of the road/culvert washout has been made requiring a road closing, we must then examine the opinions of John F. Robertson, P.E., appellants' expert.
     He states (paragraph 10) that the California Culvert Practice Handbook set the industry standard for culvert construction.
     Again in Paragraphs 11, 12, 20, 21, 22, 25, 26, 27, 33, 34, 35, 39 and 41 such expert repeats deficiencies in design and construction.
     In paragraph 28 he states that the high discharge velocities created erosion and scour but in paragraph 31 acknowledged that such will "not necessarily occur" from such velocities and again refers to design and construction.
     Only in paragraph 36 does he address improper inspections from which he concludes that the need for corrective action would have been foreseen. However, in paragraph 37 he states that the inspection reports complied with O.D.O.T. mandated requirements for annual inspections but that they were not specific for corrective action or further monitoring.
     His final conclusion as to the culvert's failure is based on design and construction.
     We therefore agree with Judge Clark that the opinions of the expert fail to support the allegations of negligence of the appellees under any of the exclusions to the grant of immunity in this governmental as opposed to proprietary function
     Appellant's Assignments of Error are denied
     This cause is affirmed.
By: Boggins, J. and
Wise, J. concur
Hoffman, P. J. concurs separately
Topic: Sovereign Immunity

Hoffman, P.J., concurring
     I concur in the majority's analysis and disposition of appellants' assignments of error. However, absent from the majority's analysis is any discussion of appellants' claim appellees failed to maintain the culvert.
     While the Franks case holds appellants' claims involving negligent design and construction defects are insufficient to constitute a nuisance and therefore sovereign immunity applies, a number of courts have restricted Franks' application to design and construction defects as distinguished from maintenance of roadways; e.g., Dickerhoof v. Canton (1983), 6 Ohio St.3d 128; Adkins v. Ontario (1983), 8 Ohio St.3d 45; and Thompson v. Muskingum Cty. Bd. of Comm'rs. (Nov. 12, 1998), Muskingum App. No. CT98-0010, unreported.
     Appellants claim "Once the decision to construct the culvert was made, maintenance features such as concrete head walls with wing walls, a cement floor and concrete aprons would have prevented the erosion and scour that was certain to occur." Appellants' Brief at 8. While appellants characterize these features as maintenance, I find they essentially relate to design and construction defects. The Dickerhoof, Adkins, and Thompson cases are all significantly factually distinguishable and clearly involve maintenance issues. I do not find appellant's failure to maintain allegations fall outside the parameters established in Franks.
JUDGE WILLIAM B. HOFFMAN

From http://www.google.com/url?sa=U&start=1&q=http://www.sconet.state.oh.us/Rod/Documents/5/2002/2002-Ohio-6732.doc&e=912. Her married name was Kellenbarger. She and Courtney Elizabeth Kellenbarger the body of a woman missing after her car drove into a flooded southeast Ohio creek was found Saturday afternoon.

Firefighters from the nearby town of Baltimore found the body of Tami Kellenbarger, 23, of West Rushville, about 2:30 p.m, said Fairfield County Sheriff Gary DeMastry.

She was found about two miles from where police think her car originally went into the flooded creek early Friday.

The body of Ms. Kellenbarger's 3-year-old daughter, Courtney, was found still strapped in a toddler seat Friday morning, near this town about 30 miles southeast of Columbus.

Mr. DeMastry said Ms. Kellenbarger was driving home before 2 a.m. Friday when the accident happened.

Deputies went to the site because a pickup truck crashed about the same time where a two-lane road had washed away at the bottom of a hill. They discovered the car after waters receded.

The weather should help bring relief to rain-swollen rivers. After several days of rainy weather, there are no storms in the forecast for the next few days. The National Weather Service canceled the river flood warning for the Whitewater River on Saturday afternoon as the water began to recede.

While the Great Miami River was nearly 11/2 feet above the 16-foot flood stage Saturday at Miamitown, police and fire officials said there had been no major problems reported. The river was expected to continue rising until early this morning.

The Associated Press contributed to this report.

Tami Jane Green was born on 21 June 1975 at Lancaster, Fairfield, OH. She died on 22 January 1999 at age 23.

     Courtney Elizabeth Kellenbarger and Tami Jane Green the body of a woman missing after her car drove into a flooded southeast Ohio creek was found Saturday afternoon.

Firefighters from the nearby town of Baltimore found the body of Tami Kellenbarger, 23, of West Rushville, about 2:30 p.m, said Fairfield County Sheriff Gary DeMastry.

She was found about two miles from where police think her car originally went into the flooded creek early Friday.

The body of Ms. Kellenbarger's 3-year-old daughter, Courtney, was found still strapped in a toddler seat Friday morning, near this town about 30 miles southeast of Columbus.

Mr. DeMastry said Ms. Kellenbarger was driving home before 2 a.m. Friday when the accident happened.

Deputies went to the site because a pickup truck crashed about the same time where a two-lane road had washed away at the bottom of a hill. They discovered the car after waters receded.

The weather should help bring relief to rain-swollen rivers. After several days of rainy weather, there are no storms in the forecast for the next few days. The National Weather Service canceled the river flood warning for the Whitewater River on Saturday afternoon as the water began to recede.

While the Great Miami River was nearly 11/2 feet above the 16-foot flood stage Saturday at Miamitown, police and fire officials said there had been no major problems reported. The river was expected to continue rising until early this morning.

The Associated Press contributed to this report.

Courtney Elizabeth Kellenbarger was born on 12 April 1995 at Lancaster, Fairfield, OH. She was the daughter of Tami Jane Green. Courtney Elizabeth Kellenbarger died on 22 January 1999 at age 3.

     Susanne Ellen "Susan" Clawson was born on 28 May 1845 at Beloit, Rock, WI.¹ As of 13 June 1865,her married name was Degarmo.¹ She married Martin Van Buren Degarmo, son of Angeline Degarmo, on 13 June 1865 at Vernon, WI.¹ Susanne Ellen "Susan" Clawson died on 11 July 1909 at Viroqua, Vernon, WI, at age 64.¹

     Mary E. Hartley was born in 1854 at Trimble, Athens, OH.¹ She was the daughter of Ebenezer Hartley and Angeline Degarmo.¹

     Arthur McCourtney was "The principal part of his life was spent in school teaching."² He and Nancy Gordon That John and William are sons of Arthur and Nancy is questionable. RJ. Arthur McCourtney and Nancy Gordon Buried next to Arthur and Nancy are the two following:
Mary C., d/o A. & M. A. d. 2 Feb 1879 aged 41y, 11m, 2d
and
John, s/o A. & A. M., 17 Jul 1822 - 4 Jan 1868.
The age of Mary C. coincides with the birth date of the Mary shown with Arthur and Nancy in the 1860 census but the transcription makes it questionable. Likewise, the transcription of John's stone is also problematic. Arthur McCourtney and James McCourtney James McCourtney, a native of Waynesburg, Greene County, Pennsylvania, was born September 8, 1825, to Arthur and Nancy (Gordon) McCourtney. His father, who was born in Ireland, March 8, 1792, was a man of literary tastes and in early life fitted himself for teaching. Thinking to better his chances in his chosen calling the father left his native land in 1817 and came to America, landing at St. John's, Newfoundland. Thence he went to New York City, where he had a sister living. At her earnest solicitations he settled there and remained three years and prospered. In 1820, with a friend, McDonough, who came with him from Ireland, he made a trip over the mountains from Philadelphia and Pittsburgh and thence to Wheeling, West Virginia, and from there to Waynesburg, Pennsylvania, where an uncle of McDonough lived. Their intention was to soon return to their native land, but this uncle took an interest in the young men and persuaded them to remain in Waynesburg, promising to secure schools for them, which he did. There our subject's father met and married the estimable and cultured lady above named, and continued to reside there till 1834, and then moved with his family to a farm in Perry County, Ohio, near Somerset.
Young McCourtney attended the public schools taught by his father, under whose preceptorship he received all his preliminary education. In 1848 he began the study of medical works and during the next three years was engaged in teaching, his purpose being to secure means with which to pay his expenses in college. He used all his spare time in study, and in October, 1851, entered the medical department of "Western Reserve College," at Cleveland, Ohio. He made rapid progress in his studies and took a high stand and was graduated with honors.
Soon after his graduation he began the practice of medicine at Rehoboth, Ohio, but six months later removed to New Lexington, in Perry County, near his father's home. Here, surrounded by his friends, who knew his abilities and the strenuous efforts he had made to fit himself for his profession, he had a good degree of success, and it was with reluctance that he left them for a new and untried field in the West, a step rendered necessary by the delicate health of his wife, Margaret F., nee Green, whom he married on June 30, 1853. She is a native of Lebanon, Pennsylvania, and a woman of charming accomplishments and rare womanly virtues. Locating in Davenport Dr. McCourtney soon became well and favorably known, and his practice steadily increased from year to year, yielding him a most satisfactory income. In 1864 he was appointed "contract surgeon" in the army, and filled that office till the close of the war. In March, 1865, with a small detachment of soldiers he conveyed five hundred and three rebel prisoners of war from Rock Island to Richmond, Virginia.
Dr. McCourtney has always shown a commendable interest in public affairs and in whatever pertained to the welfare of his adopted city, and has been honored by his fellow-citizens with numerous positions of trust and responsibility. In 1885 he was elected coroner of Scott County for two years and reelected at the expiration of his term. He was again tendered the nomination in 1889 but declined it. Two years later he yielded to the persistent solicitations of his friends and accepted a nomination for the same office and was elected, and at the expiration of that term was elected for another two years' term. But Dr. McCourtney is in no sense a politician, being a man of modest, retiring disposition and of domestic tastes. In political sentiment he has always been a Democrat. In his chosen calling and in the quiet retirement and enjoyment of his home he finds his chief delight.
Though in his seventieth year time has dealt kindly with him and he is uncommonly well preserved, a fact to be attributed in large measure to his simple and correct habits of life. He is courteous and genial in manner, and in all his intercourse and dealing with others has the bearing of a high-minded and cultured gentleman.
His estimable wife and devoted helpmeet died November 22, 1892, at the age of sixty-three years, ten months and eighteen days, beloved by all who came within the circle of her benign influence.
Of ten children born to them but three survive, viz: Mary Eugene, known as "Lillie", Fannie Claudius and Ella. Of the others who lived to maturity, Eugene, born December 18, 1867, died October 11, 1888; Libbie, born October 10, 1865, died May 3, 1890; Nettie, born October 25, 1863, died February 18, 1891; Gertie, born November 10, 1869, died October 4, 1891.³
Arthur McCourtney was born on 8 March 1792 or 14 March 1792 at near Inniskillen, Fermanaugh, Ireland.^4,3 He immigrated in 1817 to St. Johns, Newfoundland; came with friend McDonough.^5,6 He lived between 1817 and 1820.^6,5 He married Nancy Gordon in November 1821 at PA.^7,8,9 Arthur McCourtney lived in September 1834 at Perry, OH; 1883 History says Samuel came to Perry County with his parents in September, 1834 but this may be incorrect. RJ.² He McCourtneys not yet found in 1850 Census Ohio. RJ. in 1850 at OH. He and Nancy Gordon appeared on the census of 1860 at dwelling 105, Jackson Twp, Perry, OH; Arthur, 68, IRE
Nancy, 563, PA
Samuel, 27, PA
Nancy, 23, PA
Mary, 22, OH
Gordon, Catherine, 9, OH
McCourthey, Basil, 20, OH
John, 35, OH

Who is Catherine Gordon?
And who are the elder McCourtneys listed last? I would assume Basil and John to be sons of Arthur Sr. except that Arthur Sr. was almost certainly not in Ohio when these two were born. Arthur McCourtney appeared on the census of 18 June 1880 at dwelling 162, Jackson Twp, Perry, OH; A., 88, Widowed, Farmer, IRE, IRE, IRE
Nancy, daughter, 40, single, PA, I, I
Basil, son, 36, single, insane, OH, I, I
Cathy, g-dau, 14, OH, OH, OH
...whose daughter is Cathy and why is she with Grandpa?
Note, son Samuel and family lives at next dwelling, # 163. He died on 25 May 1882.¹ He was buried after 25 May 1882 at St. Patrick Cemetery, Section C (old section), Row 11, Perry, OH.

     Nancy Gordon and Arthur McCourtney Buried next to Arthur and Nancy are the two following:
Mary C., d/o A. & M. A. d. 2 Feb 1879 aged 41y, 11m, 2d
and
John, s/o A. & A. M., 17 Jul 1822 - 4 Jan 1868.
The age of Mary C. coincides with the birth date of the Mary shown with Arthur and Nancy in the 1860 census but the transcription makes it questionable. Likewise, the transcription of John's stone is also problematic. Nancy Gordon and Arthur McCourtney That John and William are sons of Arthur and Nancy is questionable. RJ. Nancy Gordon was born on 30 January 1797 at PA.^1,2 As of November 1821,her married name was McCourtney.¹ She married Arthur McCourtney in November 1821 at PA.^1,3,4 Nancy Gordon was a witness McCourtneys not yet found in 1850 Census Ohio. RJ. with Arthur McCourtney in 1850 at OH. Nancy Gordon and Arthur McCourtney appeared on the census of 1860 at dwelling 105, Jackson Twp, Perry, OH; Arthur, 68, IRE
Nancy, 563, PA
Samuel, 27, PA
Nancy, 23, PA
Mary, 22, OH
Gordon, Catherine, 9, OH
McCourthey, Basil, 20, OH
John, 35, OH

Who is Catherine Gordon?
And who are the elder McCourtneys listed last? I would assume Basil and John to be sons of Arthur Sr. except that Arthur Sr. was almost certainly not in Ohio when these two were born. Nancy Gordon died on 20 December 1869 at Wolf Station, Perry, OH, at age 72.^1,2 She was buried after 20 December 1869 at St. Patrick Cemetery, row 11, Jackson Twp, Perry, OH.⁵

     Samuel McCourtney was born on 8 April 1832 at Green, PA.¹ He was the son of Arthur McCourtney and Nancy Gordon.¹ Samuel McCourtney lived with Arthur McCourtney in September 1834 at Perry, OH; 1883 History says Samuel came to Perry County with his parents in September, 1834 but this may be incorrect. RJ.¹ Samuel McCourtney was a witness McCourtneys not yet found in 1850 Census Ohio. RJ. with Arthur McCourtney in 1850 at OH. Samuel McCourtney was farming and teaching between 1852 and 1864 at Perry, OH.¹ He appeared on the census of 1860 in the household of Arthur McCourtney and Nancy Gordon at dwelling 105, Jackson Twp, Perry, OH; Arthur, 68, IRE
Nancy, 563, PA
Samuel, 27, PA
Nancy, 23, PA
Mary, 22, OH
Gordon, Catherine, 9, OH
McCourthey, Basil, 20, OH
John, 35, OH

Who is Catherine Gordon?
And who are the elder McCourtneys listed last? I would assume Basil and John to be sons of Arthur Sr. except that Arthur Sr. was almost certainly not in Ohio when these two were born. Samuel McCourtney married Margaret Patridge in 1861.² Samuel McCourtney was farming after 1864 at Perry, OH.¹ He and Margaret Patridge appeared on the census of 1870 at Jackson Twp, Perry, OH; Samuel, 36, PA
Margaret, 32, OH
Mary A., 6, OH
Margaret A., 2, OH
Francis S., 4, OH. Samuel McCourtney was County Surveyer between 1874 and 1880 at Perry, OH.¹ He and Margaret Patridge appeared on the census of 18 June 1880 at dwelling 163, Jackson Twp, Perry, OH; Sam'l, 48, Surveyer, PA, IRE, IRE
Margaret, wife, 42, OH, IRE, IRE
Ada, daughter, 16, OH, PA, OH
Frank, son, 14, OH, PA, OH
Maggie, daughter, 12, OH, PA, OH
Eddie, son, 10, OH, PA, OH
Nettie, daughter, 7, OH, PA, OH
Catharine, daughter, 4, OH, PA, OH
Rosa, daughter, 2, OH, PA, OH

Note father next door and Gordon family on same page.

     Nancy McCourtney was born circa 1834 at PA.^1,2 She was the daughter of Arthur McCourtney and Nancy Gordon.¹ Nancy McCourtney was a witness McCourtneys not yet found in 1850 Census Ohio. RJ. with Arthur McCourtney in 1850 at OH. Nancy McCourtney appeared on the census of 1860 in the household of Arthur McCourtney and Nancy Gordon at dwelling 105, Jackson Twp, Perry, OH; Arthur, 68, IRE
Nancy, 563, PA
Samuel, 27, PA
Nancy, 23, PA
Mary, 22, OH
Gordon, Catherine, 9, OH
McCourthey, Basil, 20, OH
John, 35, OH

Who is Catherine Gordon?
And who are the elder McCourtneys listed last? I would assume Basil and John to be sons of Arthur Sr. except that Arthur Sr. was almost certainly not in Ohio when these two were born. Nancy McCourtney appeared on the census of 18 June 1880 in the household of Arthur McCourtney at dwelling 162, Jackson Twp, Perry, OH; A., 88, Widowed, Farmer, IRE, IRE, IRE
Nancy, daughter, 40, single, PA, I, I
Basil, son, 36, single, insane, OH, I, I
Cathy, g-dau, 14, OH, OH, OH
...whose daughter is Cathy and why is she with Grandpa?
Note, son Samuel and family lives at next dwelling, # 163. Nancy McCourtney died on 9 August 1903 at Jackson Twp, Perry, OH; single at time of death.³

     Mary McCourtney was a witness Buried next to Arthur and Nancy are the two following:
Mary C., d/o A. & M. A. d. 2 Feb 1879 aged 41y, 11m, 2d
and
John, s/o A. & A. M., 17 Jul 1822 - 4 Jan 1868.
The age of Mary C. coincides with the birth date of the Mary shown with Arthur and Nancy in the 1860 census but the transcription makes it questionable. Likewise, the transcription of John's stone is also problematic. with Arthur McCourtney and Nancy Gordon. Mary McCourtney was born on 20 February 1837 at OH.^4,5 She was the daughter of Arthur McCourtney and Nancy Gordon.^2,3 Mary McCourtney was a witness McCourtneys not yet found in 1850 Census Ohio. RJ. with Arthur McCourtney in 1850 at OH. Mary McCourtney appeared on the census of 1860 in the household of Arthur McCourtney and Nancy Gordon at dwelling 105, Jackson Twp, Perry, OH; Arthur, 68, IRE
Nancy, 563, PA
Samuel, 27, PA
Nancy, 23, PA
Mary, 22, OH
Gordon, Catherine, 9, OH
McCourthey, Basil, 20, OH
John, 35, OH

Who is Catherine Gordon?
And who are the elder McCourtneys listed last? I would assume Basil and John to be sons of Arthur Sr. except that Arthur Sr. was almost certainly not in Ohio when these two were born. Mary McCourtney died on 2 February 1879 at Jackson Twp, Perry, OH, at age 41; single at time of death.^6,7 She was buried after 2 February 1879 at St. Patrick Cemetery, row 11, Jackson Twp, Perry, OH.⁶

     Catherine Gordon was born circa 1851 at OH.¹ She appeared on the census of 1860 in the household of Arthur McCourtney and Nancy Gordon at dwelling 105, Jackson Twp, Perry, OH; Arthur, 68, IRE
Nancy, 563, PA
Samuel, 27, PA
Nancy, 23, PA
Mary, 22, OH
Gordon, Catherine, 9, OH
McCourthey, Basil, 20, OH
John, 35, OH

Who is Catherine Gordon?
And who are the elder McCourtneys listed last? I would assume Basil and John to be sons of Arthur Sr. except that Arthur Sr. was almost certainly not in Ohio when these two were born.

     Basil McCourtney was born on 2 October 1839 at OH.^2,3 He was the son of Arthur McCourtney and Nancy Gordon. Basil McCourtney was a witness McCourtneys not yet found in 1850 Census Ohio. RJ. with Arthur McCourtney in 1850 at OH. Basil McCourtney appeared on the census of 1860 in the household of Arthur McCourtney and Nancy Gordon at dwelling 105, Jackson Twp, Perry, OH; Arthur, 68, IRE
Nancy, 563, PA
Samuel, 27, PA
Nancy, 23, PA
Mary, 22, OH
Gordon, Catherine, 9, OH
McCourthey, Basil, 20, OH
John, 35, OH

Who is Catherine Gordon?
And who are the elder McCourtneys listed last? I would assume Basil and John to be sons of Arthur Sr. except that Arthur Sr. was almost certainly not in Ohio when these two were born. Basil McCourtney appeared on the census of 18 June 1880 in the household of Arthur McCourtney at dwelling 162, Jackson Twp, Perry, OH; A., 88, Widowed, Farmer, IRE, IRE, IRE
Nancy, daughter, 40, single, PA, I, I
Basil, son, 36, single, insane, OH, I, I
Cathy, g-dau, 14, OH, OH, OH
...whose daughter is Cathy and why is she with Grandpa?
Note, son Samuel and family lives at next dwelling, # 163. Basil McCourtney died on 29 June 1914 at age 74.^4,5 He was buried after 29 June 1914 at St. Patrick Cemetery, New Section, Row 10, Jackson Twp, Perry, OH.³

     John McCourtney was a witness Buried next to Arthur and Nancy are the two following:
Mary C., d/o A. & M. A. d. 2 Feb 1879 aged 41y, 11m, 2d
and
John, s/o A. & A. M., 17 Jul 1822 - 4 Jan 1868.
The age of Mary C. coincides with the birth date of the Mary shown with Arthur and Nancy in the 1860 census but the transcription makes it questionable. Likewise, the transcription of John's stone is also problematic. with Arthur McCourtney and Nancy Gordon. John McCourtney was a witness That John and William are sons of Arthur and Nancy is questionable. RJ. with Arthur McCourtney and Nancy Gordon. John McCourtney was born circa 1831 at OH.^2,3 He was the son of Arthur McCourtney and Nancy Gordon. John McCourtney was a witness McCourtneys not yet found in 1850 Census Ohio. RJ. with Arthur McCourtney in 1850 at OH. John McCourtney appeared on the census of 1860 in the household of Arthur McCourtney and Nancy Gordon at dwelling 105, Jackson Twp, Perry, OH; Arthur, 68, IRE
Nancy, 563, PA
Samuel, 27, PA
Nancy, 23, PA
Mary, 22, OH
Gordon, Catherine, 9, OH
McCourthey, Basil, 20, OH
John, 35, OH

Who is Catherine Gordon?
And who are the elder McCourtneys listed last? I would assume Basil and John to be sons of Arthur Sr. except that Arthur Sr. was almost certainly not in Ohio when these two were born. John McCourtney died on 4 December 1867 at Jackson Twp, Perry, OH; Watch for error here...death rcd shows was single.⁴

      Margaret Patridge was also known as Pattridge.² She was born circa 1838 at OH.¹ As of 1861,her married name was McCourtney.¹ She married Samuel McCourtney, son of Arthur McCourtney and Nancy Gordon, in 1861.¹ Margaret Patridge and Samuel McCourtney appeared on the census of 1870 at Jackson Twp, Perry, OH; Samuel, 36, PA
Margaret, 32, OH
Mary A., 6, OH
Margaret A., 2, OH
Francis S., 4, OH. Margaret Patridge and Samuel McCourtney appeared on the census of 18 June 1880 at dwelling 163, Jackson Twp, Perry, OH; Sam'l, 48, Surveyer, PA, IRE, IRE
Margaret, wife, 42, OH, IRE, IRE
Ada, daughter, 16, OH, PA, OH
Frank, son, 14, OH, PA, OH
Maggie, daughter, 12, OH, PA, OH
Eddie, son, 10, OH, PA, OH
Nettie, daughter, 7, OH, PA, OH
Catharine, daughter, 4, OH, PA, OH
Rosa, daughter, 2, OH, PA, OH

Note father next door and Gordon family on same page.

      Mary A. (Ada) McCourtney was also known as Ada.² Mary A. (Ada) McCourtney was also known as Mary A..³ She was born circa 1864 at OH.^4,5 She was the daughter of Samuel McCourtney and Margaret Patridge.¹ Mary A. (Ada) McCourtney appeared on the census of 1870 in the household of Samuel McCourtney and Margaret Patridge at Jackson Twp, Perry, OH; Samuel, 36, PA
Margaret, 32, OH
Mary A., 6, OH
Margaret A., 2, OH
Francis S., 4, OH. Mary A. (Ada) McCourtney appeared on the census of 18 June 1880 in the household of Samuel McCourtney and Margaret Patridge at dwelling 163, Jackson Twp, Perry, OH; Sam'l, 48, Surveyer, PA, IRE, IRE
Margaret, wife, 42, OH, IRE, IRE
Ada, daughter, 16, OH, PA, OH
Frank, son, 14, OH, PA, OH
Maggie, daughter, 12, OH, PA, OH
Eddie, son, 10, OH, PA, OH
Nettie, daughter, 7, OH, PA, OH
Catharine, daughter, 4, OH, PA, OH
Rosa, daughter, 2, OH, PA, OH

Note father next door and Gordon family on same page.