The Estate of Erastus G. Fellows (about 1835-1865)

Transcribed by Granny 15 July 2003

Note to transcription:  This deed clearly describes probate proceedings in which four participants with some association to Erastus G. Fellows are named:

1. Henry H. Fellows, selling land as Guardian of the minor children of Erastus G. Fellows.

2. Joel B. Fellows of Clyde, Sandusky Co.,  Ohio, purchaser of the land.

3. Henry H. Fellows, minor child of Erastus G. Fellows.

4. Joel B. Fellows, minor child of Erastus G. Fellows.

There is way too much evidence in addition to this deed to consider the repeated names a coincidence.  My hypothesis is: Erastus G. Fellows b. about 1835, a Newaygo County resident who died during the civil war; Henry H. Fellows b. about  1839,  a well documented resident of Newaygo County who was named as guardian of the minor children of Erastus G. Fellows; and Joel B. Fellows, of Clyde, Sandusky Ohio; were brothers.  If the three were not brothers, then they may have been related in some other way, such as uncles and nephews, or cousins .

In a biography from an old compilation which can be read here the parents of Henry H. Fellows b 1840 are listed as Erastus Fellows, a native of NY; and Ruth Smith, a native of NJ; who migrated to Seneca County, Ohio.  The name “Smith” correlates with the family of Peter J. Smith, who had three Fellows children living in his home at the time of the 1850 census of Seneca County, Ohio.

Here is the deed:

Liber 10 page 170-171 of Newaygo County , Michigan Deeds.

This deed was received for record September 18^th 1868 at 3 O’clock p.m. W. Persons Register

Henry H. Fellows

To

Joel B. Fellows

Know all men by these presents that Henry H. Fellows of the township of Ashland County of Newaygo and State of Michigan Guardian of Henry H. Fellows and Joel B. Fellows minors and children of Erastus Fellows deceased. Pursuant to an order of the Judge of the Court of Probate for the County of Newaygo and State of Michigan, held at the Probate Office in the Village of Newaygo in said County and State on the fourth day of March in the year of our Lord one thousand eight hundred and sixth seven, authorizing empowering and licensing him to sell at Public auction, in conformity to the statute in such case made and provided sufficient of the Real Estate where of said Henry H. Fellows and Joel B. Fellows were seized for the purpose in said order mentioned I did sell at public auction held at the front door of the Brooks House in the Village of Newaygo I the county of Newaygo, and State aforesaid pursuant to legal notice all the estate, right, title and interest of said minors of in and to certain real estate and premises in said order set forth and hereinafter described to Joel B. Fellows of Clyde, Sandusky County State of Ohio he being the highest bidder therein which said sale was by an order of the said Judge of Probate on the fourth day of September in the year one thousand eight hundred and sixty seven duly confirmed and the said Henry H. Fellows as Guardian as aforesaid directed there in to execute, acknowledged and deliver a proper conveyance of said real estate so sold to the purchaser therefore agreeable to the statute in such case made and provided. Now know ye that in pursuance of said several orders and proceedings above referred to and in consideration of the sum of three hundred and eight dollars $308.00 paid to me by said Joel B. Fellows the receipt whereof I do hereby acknowledge I have sold and do hereby give grant sell and convey unto the said Joel B. Fellows his heirs and assigns, forever, all that certain piece or parcel of land situate lying and being in the County of Newaygo and State of Michigan, and known and described as follows to wit, the West half of the North East quarter of the North West quarter of Section Number thirteen/13/in Township Number eleven North of Range Number Thirteen/13//West [W ½ of the NE ¼ of the NW ¼ of Sec 13 T11N R13W] and containing by government survey thereof twenty acres of land be the same more or less. To Have and to Hold the above granted premises with the appurtenances, to the said Joel B. Fellows his heirs and assigns, forever. And I do hereby covenant with the said Joel B. Fellows that I will Warrant and defend the said granted premises with the Appurtenances unto the said Joel B. Fellows his heirs and assigns forever, against the lawful claims and demands of all persons claiming by from or under him but against no other person, In testimony where of I have hereunto set my hand and seal at the Village of Newaygo in the County of Newaygo and State aforesaid this fourth day of September A.D. one thousand eight hundred and sixty seven. Signed Sealed and delivered in the presence of A.H. Giddings, David ?

Henry H. Fellows {seal}

State of Michigan County of Newaygo }ss

On this fourth day of September A.D. one thousand eight hundred and sixty seven before me a justice of the Peace in and for said County, personally came the above named Henry H. Fellows known to me to be the person who executed the foregoing instrument, and acknowledged the same to be his free act and deed as guardian of Henry H. Fellows and Joel B. Fellows as in said instrument described. Signed A. H. Giddings Justice of the Peace

You can read a little more about Erastus G. Fellows  here.