ESTHER married UMFLEET LEANDER M. on 4 Jun 1881 in Lawrence County, Illinois. LEANDER was born in Dec 1861 in Lawrence County, Illinois. [Group Sheet]

1. UMFLEET THOMAS J. was born in Sep 1883 in Lawrence County, Illinois.
2. UMFLEET LEONARD E. was born in Sep 1887; died after 1920 in Arkansas.
3. UMFLEET ORA A. was born in 1889; died after 1930.
4. UMFLEET ALLEN was born in Sep 1891.

Notes:

Birth:
Notes from Wanda Gines gives 11 AUG 1813 as the birth date. Philip Geins' Bible and a rubbing of Henry's tomb stone gives 17 SEPT 1813 as birth date.

HENRICH married MOELLINGER (MELLINGER) EASTER (ESTHER) on 16 Nov 1839 in Wayne County, Ohio. EASTER (daughter of MELLINGER BENEDICT and BINKLEY BARBARA) was born on 30 Jan 1814 in DOB is approximate; 36 yrs old on 1850 Census; Born in Columbiana County, Ohio.; died on 12 Feb 1890 in Aged 76 Yrs. 13 days.; was buried in Brian Cemetery near Sumner, Illinois. [Group Sheet]

Notes:

Allyson Tilton states they lived in Lawrence County, Illinois from at least 1840 - 1883. She states both of Esther's parents were born in Pennsylvania. We have her father being born in Baden, Germany.

Notes:

Per Allyson Tilton, they resided in Lawrence County, Illinois in 1840 and 1850.

Per Jeanine Scholz:
Henry Geines stated in the 1880 census records that he and both of his parents were born in PA. Henry and Catherine Gines are listed on 1850 Lawrence Co, Il census records, not far from Henry. It seems likely these are his parents as they were both born in PA and were of the right age and living close to him.

1850 Lawrence Co, IL census records:

Philip Geines, 65, farmer, 1,500 acres, born in PA
Catharine, 55, born in PA
They are living next door to Washington Grove and his wife Sarah, she was born in PA in 1827.

1860 census records, Philip and Catharine cannot be found.

1870 Lawrence Co, IL census records:

Philip Geines, 86 years old, born in PA. Philip is found living with Washington Grove, his wife Sarah and son Philip. There is a marriage record for Sarah Grimes to Washington Grove in Lawrence Co, IL in 1849. It seems likely that this Sarah Grimes is the daughter of Philip Gines and the sister of Henry Geins (he was listed as Henry Greiner on his marriage record.)

Thomas Selby vs. Philip Geines, 1850

Lawrence County IL Archives Court.....Geines, Thomas Selby V Philip 1850
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Deb Haines http://www.genrecords.net/emailregistry/vols/00003.html#0000719 May 18, 2008, 2:05 am

Source: Reports Of Cases
Written: 1850

Thomas Selby, plaintiff in error, v. Philip Geines, defendant in error.

Error to Lawrence.

Relief will not be granted upon a bill where the answer denies the allegations of the bill, if the proof is loose and unsatisfactory.(a)

The bill of complaint filed in this cause by Geines, shows that he was indebted to Selby in December, 1842, in the sum of $200, on a note drawing twelve per cent interest, which Selby wished to have secured by a mortgage on a farm, which was agreed to be given upon the conditions, that if Selby should attempt to enforce payment by foreclosure, that the land should be sold in a body, after it had been appraised by three disinterested individuals, and provided it brought two-thirds of its appraised value. That it was agreed by Selby that these conditions should be inserted in the mortgage, and that instructions were given to the person who drew the mortgage, to insert them, but that they were omitted, that Geines not being able to read the English language, misunderstood its terms. That both parties supposed the valuation laws were then in force, but their constitutionality being doubted, it was believed that the insertion of the terms of the law in the mortgage would be binding. That Selby attempted to foreclose his mortgage in 1846, when Geines obtained an order from the court, directing that Selby should comply with the above conditions; that thereupon Selby dismissed his bill, and obtained a judgment upon the note by a suit at law, and is seeking to evade the terms of the mortgage, by selling the land upon execution without appraisement, which proceeding this bill prays may be enjoined. A master in chancery allowed the injunction.

Selby's answer admits the indebtedness of Geines, the recovery of the judgment, the attempt to sell upon execution, but denies the other charge in the bill, and insists that the mortgage contains all that the parties agreed upon, and truly sets forth the contract, and concluded with a prayer for a dissolution of the injunction.

The testimony on the part of Geines shows that there was some dispute between himself and Selby, as to what the mortgage should contain. Geines insisted upon the insertion of the conditions, and Selby refused to admit them, but that the party who drew the mortgage is not certain whether it contained precisely the conditions insisted upon by Geines, but that he insisted that they should be there, and that he executed the mortgage with that understanding.

The testimony on the part of Selby shows that the money was loaned, upon the condition that its payment should be secured by mortgage, without such conditions as Geines pretends; Geines observing at the time, that real estate
in Illinois was the same as personal property in Ohio, that it could be sold for anything that was bid for it; that Selby should have a mortgage on lands and chattels worth $1,200, and that it would at any time sell for enough to pay the debts of Geines.

At the September term, 1850, of the Lawrence Circuit Court, the injunction was perpetuated by Harlan, Judge, and a decree entered, directing the sale, en masse, of the lands mortgaged, after the same shall have been appraised, etc., etc. To reverse this decree Selby sued out this writ of error, and assigns for error the perpetuation of the injunction, and the decree directing that the lands shall be appraised, etc., etc.

C. Constable and A. Kitchell, for plaintiff in error:

The plaintiff in error had a right to pursue his remedy at law on his note, or by foreclosure of the mortgage, or both at the same time, and defendant had no right to set up the mortgage in restraint of the judgment, or compel him to collect it out of the mortgaged land only: Dunkley v. Van Buren, 3 John. C. R., 330; Jackson v. Hull, 10 John. R., 482; Delahay v. Clement, 3 Scam., 203.

The bill was insufficient, because the complainant had no right to change the terms of the mortgage by parol evidence. There is no pretense of fraud, and there is no such mistake shown as entitles the complainant to change the mortgage by parol evidence: 1 Greenleaf's Ev., secs. 276, 282.

The testimony of one witness is not sufficient to overthrow the answer of defendant: Gresley's Eq. Ev., 4, 5; reenleaf's Ev., sec. 206.

U. F. Linder and J. G. Bowman, for defendant in error.

Treat, C. J. The bill sets up, as the ground for relief, an express agreement of the parties?omitted by mistake to be inserted in the mortgage?to the effect that the mortgaged premises, in case of default in the payment of the note, should not be sold unless they would bring, en masse, two-thirds of the appraised value. The answer denies the allegation, and insists that the real agreement of the parties is correctly set forth in the mortage. The proof is altogether too loose and unsatisfactory to justify a decree reforming the mortgage, by the introduction of the provision alleged to have been omitted. At most, it only shows that the complainant was very anxious that the provision should be incorporated in the mortgage, and contended that such was the agreement of the parties, while the defendant insisted that no such agreement had been made. The mortgage was then drawn in the usual form, and executed by the complainant. It may, perhaps, have been his impression at the time that the mortgage contained the condition in question, or that the legal effect of the instrument would be what he desired, but there is no satisfactory proof of fraud or unfairness in the execution, or that it did not embrace all of the tipulations actually assented to by both of the parties.

The decree of the Circuit Court will be reversed, and the bill dismissed, with costs.

Decree reversed.

-------------------------
(a) Relief will only be granted upon clear and satisfactory proof: Harris v. Reed, 5 Gil., 212; Ruffner v. McConnel, 17 Ill., 212.

Additional Comments:
Reports of Cases Determined in the Supreme Court of the State of Illinois from November Term, 1850, to June Term, 1851, both inclusive by E. Peck, Counsellor at Law. Volume XII. Reprinted from the Original Edition, with Annotations by William Gordon McMillan of the Chicago Bar. Callaghan & Company, Chicago, Ill. 1881.

File at: http://files.usgwarchives.net/il/lawrence/court/geines18gwl.txt

This file has been created by a form at http://www.genrecords.org/ilfiles/

File size: 6.8 Kb


Bible of Philip Geins:

Front sheet (the actual cover of the bible is missing.) Done in Fraktur:

This Bible Belongs to Philip Geins

First page:

Philip Geins was born 12/18/1785
Married
Catharine Gutthatel on 7/29/1810
She was born 5/1/1794

Children:

Elizabeth born 5/23/1811 at noon between 11 and 12 under the sign of the fish. Died 10/13/1813
Henrich born 9/17/1813 in the morning at 6 under the sign of Pisces
Anna born 10/30/1815 in the morning at 6 under the sign of Libra
Philip? (illegible) born 1819 in the morning
Sarah born 12/6/1826 in the morning at 1.

PHILIP married GUTTHATEL CATHERINE on 29 Jul 1810. CATHERINE was born on 01 May 1795 in Pennsylvania; died between 1855 and 1870. [Group Sheet]

Notes:

Name:
From http://genforum.genealogy.com/greiner/messages/449.html


Jeanine,
I can't help you with the Geines, Greiner thing, but my family came from Philip Geines (Guines) of Lawrence County, Ill. I haven't very much, all I know is Sarah Guines married Washington Grove October 25, 1849. She was my gr gr grandmother. Her father was Philip, mother Catherine Gutthatel? and that's all I know. If you could add anything I would appreciate it. I take it from your letter Henry was Sarah's brother. The only source I have is Washington and Sarah's marriage license copy.
My e-mail is SPARKETTE at peoplepc dot com.
Thanks.
Bunny


From the Schmidt Web Pages hosted by Ron Gines:
http://portal.gynzer.com/genealogy/schmidt/getperson.php?personID=I1605&tree=Schmidt

=========================================

The bible of Philip Geines has been found, it was owned by a descendant of Emma Jane Schmidt who married Adolph Weber. Emma was the daughter of Christian Schmidt and Christina Gines, and the bible, plus the bible for Christian Schmidt has been in the family all these years. It was discovered in December, 2003.

Bible of Philip Geins

Front sheet (the actual cover of the bible is missing.) Done in Fraktur:

This Bible Belongs to Philip Geins

First page:

Philip Geins was born 12/18/1785
Married
Catharine Gutthatel on 7/29/1810
She was born 5/1/1794

Children:

Elizabeth born 5/23/1811 at noon between 11 and 12 under the sign of the fish.
Died 10/13/1813
Henrich born 9/17/1813 in the morning at 6 under the sign of Pisces
Anna born 10/30/1815 in the morning at 6 under the sign of Libra
Philip? (illegible) born 1819 in the morning
Sarah born 12/6/1826 in the morning at 1.




Died:
Catherine is found in the 1855 Illinois census living with Philip and the daughter Sarah family. In the 1870 census, we only see Philip living with Sarah and her family. We can strongly assume that Catherine passed away between those two dates.

Notes:

Source: Jeannine Scholz
Came to America when 2 years old, his mother had died and was buried at sea. Landing at Baltimore, his father immediately removed to Lancaster County, PA where he followed the occupation of a weaver. After marriage, Benedict worked at weaving 12 years and removed to Ohio sometime before 1807. He can be found on the Ohio Census Records for 1807 and 1809 in Columbiana County.

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www.the-daily-record.com-10/22/2002


Mellinger land donated for research, education
By MARC KOVAC
Staff Writer
-------------------------------------------------------------------------- ------

WOOSTER


The Mellinger Farm, located located about eight miles northwest of Ohio Agricultural Research and Development Center, has been donated to OARDC and its development rights to the state and a local land trust to ensure the site remains agricultural for generations to come. Ken Chamberlain photo
The Mellingers came to Wayne County to farm close to 200 years ago.

The family had come to the United States from Germany and first settled in Lancaster County, Pa., before Benedict Mellinger loaded a covered wagon and began clearing 300-plus acres not too far from what today is Ohio State University's Ohio Agricultural Research and Development Center.

In total, five generations of Mellingers farmed the site, and numerous tenant farmers planted crops there after Patricia Miller Quinby and her sister, Virginia Miller Reed, inherited the site in the 1940s.

Earlier this month, Quinby, who lives in Upper Arlington in the Columbus area, and the estate of her late sister donated the farm to OARDC and its development rights to the state and a local land trust to ensure the site remains agricultural for generations to come.

"Out of respect for all of (the Mellingers') work, and for Wayne County too, I think it's important that it's not all paved over," Quinby said.

The donation of the land to OSU will ensure the site remains a working farm. The 324 acres, located about eight miles northwest of OARDC, will be used for agricultural research, education and conservation activities by students and faculty.

Steve Slack, OARDC director, said in a release, "We were in need of an outdoor laboratory to bring together the research in integrated systems by our faculty during the last decade. This is a unique opportunity for us, and we are indebted to Mrs. Quinby."

The donation of the easement to the Killbuck Watershed Land Trust and the Ohio Department of Agriculture will prevent future nonagricultural development. The easement donation prevents present and future owners from developing anything on the land other than agricultural uses, except by judicial order.

Howard Wise, executive director of the Ohio Department of Agriculture's Office of Farmland Preservation, said the easement donation is the 10th his office has received and the first in Wayne County.

"We're working on several (more) right now," he said.

The Mellingers purchased the land from the government and went to work making it a farmstead.

"It was all in timber," Quinby said. "They had to clear the land."

The Mellingers were weavers and opted to raise flax and sheep at the farm. They were skilled in designing patterns for linens and coverlet, Quinby said.

Quinby's father's sister married a Mellinger, which is how the Wayne County farm eventually was passed down to the siblings. Since 1946, the farm has been rented to tenants; it was operated a dairy for some time and was used for crops.

Quinby said she and her sister wanted to find someone to continue to farm the land. They contacted OARDC and finalized the details earlier this month.

More than half of the farm is used for crop production. Mixed hardwoods cover another 120 acres, and the remaining area includes buildings, pastures, a stream and road right-of-ways.

According to OSU, the farm "will incorporate integrated systems of forestry, crops and livestock, emphasizing the linkages among production, environmental quality, economic feasibility and social responsibility. Research will be conducted at multiple levels -field, landscape, whole farm with diversified enterprises. These include balancing field crop and livestock management, development of high-value food and 'nutraceutical' products, creating cropping systems with the use of new species and combinations of species, composting and nutrient management studies, precision agriculture and environmental quality, and whole farm/landscape modeling."

Ownership of half of the property (the portion held by the Virginia Miller Reed estate) already has been transferred to the university. The remainder will be transferred during the next six years.

WAYNE COUNTY OHIO
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The farm has been in operation since 1816, when Wayne County pioneer Benedict Mellinger purchased land from the United States government to raise sheep and flax for his family's weaving business.


"History of Wayne County, Ohio, From the Days
of the Pioneers and First Settlers to the
Present Time", published in 1878, by
Robert Douglass, Publisher

BENEDICT MELLINGER, SR.

Benedict Mellinger, Sr., was born
in Germany, over one hundred years ago, and
removed to America when but two years of
age, landing at Baltimore. His mother died
on the ocean, his father immediately re-
moving to Lancaster County, Pa., where he
followed the occupation of a weaver. After
marriage he worked at weaving twelve
years, and removed to Plain township, Wayne
county, Ohio, in 1816, locating where
Christian Mellinger now lives. He had
eleven children--seven daughters and four
sons--the names of the latter being David,
John, Benedict, and Christian. He died
twenty years ago, at the age of eighty.


Last Will and Testament of Benedict Mellinger

I, Benedict Mellinger of the County of Wayne in the State of Ohio do make and publish this my last will and testament in the manner and form following that is to say that it is my will that all my funeral expenses and all my just debts be fully paid. Second, I give, devise and bequeath to my wife Barbara Mellinger in the lieu of her dower the plantation on which we now reside in Plain Township and County of Wayne during her Natural life and all the live stock horses cattle sheep and hogs by me now owned and kept thereon also all the household furniture and other items not particularly named and otherswise disposed of in the will during her natural life. Third, to Each of my married children I bequeath five hundred dollars at my decease. Fourth but if any children which are now single should marry after my decease one year after marriage shall receive five hundred dollars out of my estate. Fifth if any should marry after my wifes decease each shall receive five hundred dollars out of my estate one year after marriage. Sixth the residue of my estate I bequeath unto my unmarried children, and lastly I hereby constitute and appoint my three oldest daughters Franney, Ann and Barbara to be the executors of this my last will and testament voiding and annuling all former wills by me made and ratifying and confirming this and no other to be my last will and testament. In testimony whereof I have hereunto set my hand this eighteenth day of November one thousand eight hundred and thirty three.

Benedict Mellinger

Signed published and declared by the above named Bennadict Mellinger as and for his last will and testament in presence of us who at his request have signed as witnesses to the same.

George McCulley
Jane Mc Culley
Elizabeth Mc Culley

We the undersigned appraisers of the estate and property of Benedict Mellinger deceased after being duly sworn have made an inventory and appraisement there as follows:

One note on David Mellinger calling for five hunderd dollars. Date May 28th 1831 wtihout interest.
One note on John Mellinger calling for five hundred dollars. Date May the 28th 1831 without interest.
One note on Benedict Mellinger calling for 5 hundred dollars dated May 28th 1831 without interest.
One note on William Spitler calling for 5 hundred dollars dated July 18, 1835 without interest.
One note on HENRY GEINES calling for 5 hundred dollars dated May 9th 1840 without interest.
One due bill on Mathias Rittenhouse calling for $157 dated November 7th 1851 with interest from date.
One due bill on Thomas Pallips calling for $107.54 dated November 11, 1851 with interest from date.
One note on Henry Long calling for $25 dated July 8, 1851 with interest from date.
One note on Joseph rittenhouse calling for $40 dated June 15, 1849 with interest from date.
One note on William Beck since callinge for $95.41 dated November 6, 1851 with interest from date.

The final account of Christian Mellinger Administrator with the will annexed of the estate of Benedict mellinger deceased.

Signed Paid HENRY and ESTER GEINES No 1 $4500.00
Amount paid to SR. Barnuf as per receipt No 2 $28.00
Amt paid for clerk of court of Lawrence Co, IL $6.40
Amount paid probate judge $2.63
Amt returned as .... ..... $500


This is to certify that Benedict Mellinger my father in law gave me on my marriage with his daughter the sum of five hundred dollars. Lawrenceville Illinois docket number 1854.

Signature of HENRY GEINES


Benedict is found on the 1809 census records for Columbiana County, Ohio

Benedict is found on the 1820 census records for Wayne County, Ohio, Plain Twp. This part of Columbiana Co became Wayne Co in 1812.

Benedict is found on the 1830 census records for Wayne County, Ohio, Plain Twp, he is living close to his sons David and John.

Benedict is on the 1840 census records in Wayne County, Plain Twp, living next to his sons David and John.

Benedict is found on the 1850 census records for Wayne Co, Ohio, Plain Twp,
Benedict, 79 years old, born in Germany, 7,000 acres
Barbara, 77, born in PA
Francis, 56, born PA
Anna, 53, born PA
Barbara, 51, born PA
Mary, 49, born PA
Elizabeth, 47, born PA

The family is living next to the sons Christian and David.


The family is living next to the sons Christian and David.

BENEDICT married BINKLEY BARBARA on 3 Sep 1793 in First Reformed Church, Lancaster County, Pennsylvania. BARBARA (daughter of BINKLEY Christian and SHULMAKER Elizabeth) was born on 30 Nov 1770 in Dob may be April 12, 1773; Lancaster County, Pennsylvania or Germany; died on 27 Apr 1863 in Wayne County, Ohio. [Group Sheet]

Notes:

Source: Jeannine Scholz

Barbara can be found on the 1860 census records for Wayne Co, Plain Twp, Ohio. She is livng with her children: Fanny, Anna, Barbara, Mary, and Elizabeth. The family is living between the families of David Mellinger and Christian Mellinger.

Barbara can be found on the 1860 census records for Wayne Co, Plain Twp, Ohio. She is livng with her children: Fanny, Anna, Barbara, Mary, and Elizabeth. The family is living between the families of David Mellinger and Christian Mellinger.

Notes:

Source: Jeannine Scholz
Melchior Mellinger migrated to America on October 16, 1772 along with his wife who died at sea, two nephews, and his sister Christine Mellinger Burkholder and her husband. The nephews were the sons of Melchior's brother, Johannes Jacob Mellinger.

Melchior can be found on the 1790 Lancaster Co, PA census records and the 1800 census records where he is recorded as overseer of the poor house.

Goshen Archives: That frontier settlements were not without certain cultural treasures is testified to in the recod of Melchior Mellinger's personal property. Mellinger's heirs sold on January 20, 1807 his library consisting of at least forty-four books. Many were in German. the books were on theology, the bible, geography, arithemetic, and history. There were Latin and German dictionaries, maps of South America and Asia, Barclay's Apology, Godfred (sp) Arnold's History and Menno Simons' Confession. The county probate Court Record, C.P. Dock 13, 1807, which records the sale is one of the earliest records of its kind in Columbiana County. A copy of a Devotional Book of the Swiss Mennonites that was owned by Melchior Mellinger and listed in his estate at time of his death, is housed in the Schwenkfelder Library at Pennsburg, PA. This writer was allowed to hold and look through the book, it is still in pretty good condition though the clasps have been broken and the cover is somewhat used. There was no writing or signature in the book itself.

The founding of Mennonite communities in Columbiana County, Ohio, began in 1801 or before. Melchior Mellinger settled in Salem Township in 1803, having come from Lancaster County, Pennsylvania. Melchior purchased section 24 with his son in law Martin Hoke.

It seems likely that the ship they came over on was the Crawford which docked in Philadelphia on October 16, 1772. The ship had started out in Amsterdam and then stopped in Cowes, England, and then proceded on to Philadelphia, a normal route for those days.

MELCHOIR married UNKNOWN UNKNOWN about 1766 in Germany. UNKNOWN was born about 1740 in Germany; died in 1772 in Died at sea. [Group Sheet]

Notes:

Unknown Writer:t and saw mill and in 1789 the famous Binkley's Bridge. The mill was three and a half stories high and measured thirty by sixty feet. It is said he was wealthy. he is listed in the records as having __rded horses, along with other Lancaster citizens, in compliance with the Army order of 1 August, 1780 which stated "the county was to furnish 1,200 barrels of four monthy, 5,000 bushels of forage, 50 wagons, 400 horses and 700 men." d the river, was the first stone bridge in Lancaster County and cost about $17,000 to build. To repay the cost of construction, Christian sought to have the state grant him the priviledge of making it a toll bride. Unable to secure permission, he later transferred the bridge to the public for one thousand pounds in sold and silver coin.

Christian married SHULMAKER Elizabeth. Elizabeth was born in ABT. 1740. [Group Sheet]