The following is from, A Documentary History of the Family of AndrewMc Elwain and Mary Mickey of Cumberland County, Pennsylvania, byWilbur J. M cElwain:
George the youngest son of Andrew McIlvaine, was born about 1707, andw as therefore about twelve years of age when the family came toAmerica. A t the time of the death of his father he was not of age,and the will a ppointed his brother James as his guardian. Georgereceived 100 acres f rom his father, which he later sold to hisbrother and former guardian, J ames. At sometime before 1744 Georgemoved to Cumberland County. This d ate is established by an entry inthe Session Book of the Middle Spring P resbyterian Church whichrelates the story of a minor disorder and the d iscipline imposed bythe Church, upon George, Whose name is spelled McE lwain. A briefextract from the Minutes appears below.
George's surname appears in several forms on various documents, butusu ally, though not always, with the "w" rather than the "v". Hisdescenda nts use the spelling McElwain.
Extracts from the Session book of the Middle Spring PresbyterianChurch :
Janry 16--1744/45 The sessions of Middle Spring & Big Spring Metconjun ctly about a scandalous & riotous Quarrell wherein some Membersof each c ongregation were concern'd. Begun with prayer. John Mckee ofMiddle Spr ing & David Killough of Big Spring absent.
The session proceeded to enquire into the Affair of the Quarrel.
Robert Finley complain'd that George McElwain assaulted & tore hisHand kerchief, which said George denies.
William Carnachan complain'd that William McCall assaulted him first,& a sk'd him certain Questions, which it seems, said McCall says saidCarna chan ask'd them at him. William McCall did not appear. GeorgeMcElwain b eing call'd solemnly declar'd that, to the best of hisKnowledge, after t here had been a skirmish at Albert Culbertson'sHouse, he, William Carn achan, & Francis McCall took Horse to go home,& having gone a little w ay, said McCall said as much as that he wasdispleas'd to see that Will iam Carnachan shou'd be so much abus'd,they wou'd turn back, & get som e more of their own company, thedepnt. consented to go back, partly to p revent Robt Finly fromgetting a Warrant; & partly to get some more com pany, in order toanother Skirmish, upon which, they went back towards S hippensburgh,until they met their own company of Joseph Carnachan, Jam es LaughlaneJunr., James Jake, Saml. Smith, John Jake, John Smith, & A llexanderFairbairn; when they met, Joseph Carnachan, seeing his Brothe r Willm.bleeding & his shirt torn, was very angry, & said he wou'd hav esatisfaction of the currs that did it, then the whole company went towards Andrew Culbertson's, & met the other company; James Jake ask'don e who he was, & where was he going? The other reply'd his Name wasRobt . Finley, & that he was going to the Justices. Said Jake said itwas a s hame for Neighbors that cou'd'nt agree better in the darknight. The De pont. saw no stroaks, nor hear any outcry; but after theothers went aw ay, he heard Joseph Carnachan, Jas. Jake, & Jas.Laughlane say they had s truck, but didn't say who.
Upon the whole this conjunct session apprehend they cannot come to aju dgement about the first skirmish at Andrew Culbertson's, untillevidenc e be obtain'd between the parties concern'd in it, theirAccounts of th e Matter are so widely diferent; and therefore referthat part of the M atter to the session of Middle Spring at their nextmeeting, the person s chiefly concern'd in it, belonging to thecongregation.
From George McElwain's Account of the affair the session judge, thatGe orge McElwain & Francis McCall were Accessorys to the Quarrel, intakin g William Carnachan back after they had gone away, & JamesLaughlane in s tricking, & that thereby they have violated the Law ofGod & given offe nce to the church; & appoint them to attend the nextMeeting of the ses sion of Big Spring, & there profess their sorrowfor their sin, & be re buk'd for it.
Order'd that William Lamond cite James Jake to attend then. FrancisMcC all oder'd to attend the session of Middle Spring about the firstskirm ish at andrew Culbertson's.
The Affair that was refer'd by the conjunct sessions, to the furtherco nsideration of this session resum'd.
Gustavus Henderson being call'd, solemnly declar'd that as he waswalki ng in Andrew Culbertson's Floor, he heard Willm. Carnachan &Willm. McC all speaking pretty loud then going out he heard Willm.McCall say to W illm. Carnachan show me one word that I have saidamiss, & I'll yeild. U pon which Carnachan said, you believe in arotten hearted fellow like y ourself, & struck said McCall, & saidMcCall laying hold of him, they c ame both to the ground; after theywere parted, while the Depnt. was sp eaking with Willm. McCall lookingbehind him he saw said Carnachan & Ge orge Finley having hold of eachother & said Finley threw down said Car nachan; John Finley & theDepnt parted them; then said Carnachan going s traight to Willm.McCall laid hold of him again, & both came to the gro und, upon whichDepnt. went & loss'd said Carnachan's Arm from about sa id McCall'sNeck; the Depnt. further says that said Carnachan's shirt w as torn,but did'nt observe any wounds except that his Nose bled; & tha t therewere none engag'd with said Carnachan but one at once.
Other evidences, who were cited about the said Affair being not yetcom e, it is a little defer'd.
...
The other evidences concerning the Affair between Willm. Carnachan, &W illm. McCall, John, Robt. & George Finley not appearing, the sessionpr oceeded to consider the case, as now before them, & after seriousDelib eration Judge, that notwithstanding it appears that Willm.Carnachan fi rst began the Quarrel, & was principal in Carrying it on(tho it does n ot appear whether said Carnachan or McCall began theconversation) yet s aid McCall was to be blam'd for keeping up anyconversation with him at s uch a time, about any Debate, & the otherpersons abov'd, for staying s o late in the way of temptation: & thatthey be admonish'd for it.
The will of George McElwain (Will Book A-1 139: 1747B) (from CompleteH istory, pp. 293a-294) reads as follows:
In the name of God, Amen the first day of January, 1748, I GeorgeMcElw ain of the Township of Hopewell in the county of Lancaster inthe Provi nce of Pennsylvania a Farmer being very sick and weak inbody but of pe rfect mind and memory thanks be given unto Godtherefore calling to the m ind the mortality of the body and knowingthat it is appointed for all m en once to die do make and ordain thismy Last Will and Testament, that i s principally and first of all Igive and recommend my soul into the ha nds of almighty God that Gaveit and my body I recommend to the Earth t o be buried in DecentChristian Burial at the Discretion of my Executor s Nothing Doubtingbut at the general Resurrection I shall receive it a gain by theMighty Power of God and as touching such worldly Estate whe rewith ithas pleased God to Bless me in this life, I give Demise and D isposeof the same in the following manner and form.
Item first I give and bequeath to Margaret my Dearly Beloved wife thet hird part of all my goods and Chattles after my Debts are paidExcept m y plantation and I allow her the Benefit of the PlantationDuring her w idowhood and in Lew thereof She shall keep my two sons towit Andrew an d Joseph McElwein and put them to School During herwidowhood or till t hey Can Read the Bible plain and Read and writeBills and Bonds and Wor k the Golden Rule in arethmetick perfect.
Item I Give unto my well beloved son Andrew McElwein all and singularm y land messages and tenements by him freely to be possessed andenjoyed c leared out of the Land Office and if he dies before he comesof age I a llow my son Joseph to become heir and if he does not learnto Read and w rite and Cypher before his mother Marrys I allow him tobe put to schoo l and taught as aforesaid
Item I Give to my beloved son Joseph McElwein the one third of myMovea ble Estate after all my debts are paid by him freely to bepossessed an d if he Die before he comes of age I allow my son Andrewto be his Heir a nd Likewise constitute my well friends WilliamThompson and Andrew McEl wein my only sole executors of this my Lastwill and testament and I do h ereby utterly Disallow Revoke andDissannul all and Every former Testam ents wills Legacies and Benefitsand Exe's by me in any ways before nam ed willed and BequeathedRatifying and Confirming this and no other to b e my Last will andTestament in Witness whereof I have hereunto Set my h and and Seal theDay and year above written.
Signed Sealed published pronounced and Declared
By the said George MccElwein to be his Last will and George Mccelwein( seal)
Testament in the presence of us the subscribers
William Lamond
Daniel Mickie
Lancaster County towit 7th March 17th (?) Then personally appearedWill iam Lamond and Daniel Mickie, two of the witnesses to the aboveWill an d on their oaths declared they were present & they heardGeorge McElvai n the testator above named Sign Publish and Declare theabove Writing t o be his last Will and Testament & that at the doingthat he was of sou nd mind and Memory to the best of their knowledge.
Before me Tho. Cookson D.R.
Deed Book H, No 8, p. 215, Sussex Co., DE.
This indenture, made this 2nd day of November, 1748, between WilliamTh ompson and Andrew McIlvaine exrs. of the Testament and last will ofGeo rge McIlvaine, who was admr., all and singular of the goods andchattel s, Rights and credits of Daniel Mickie at the time of hisdeath who die s intestate as its said, of the one part, and ThomasCarey of Sussex Co unty on Delaware of the other part. Whereas thereis a certain tract of l and in Angola Neck was legally conveyed to theAforesaid Daniel McKee, d ec'd, and whereas the aforesaid GeorgeMcIlvaine at an Orphans Court he ld at Lewes for the County of Sussex,8 of June 1738 obtained an order o f the Court for sale of said landin order to satisfy his creditors and s old to John Simeton, Simetontransferred his right to John Black, who s old the same to ThomasCarey (sic), party to these presents.
Estate of George McElvaine afore'sd William Thompson who was admr ofDa niel Mickey Andrew McElwain
The following is from the Pennsylvania Genealogical Magazine, Vol.XXIV , 1965-66. p. 28 Philadelphia, Pa., published by the GenealogicalSocie ty of Pennsylvania:
Caveat entered by the Widow against probate of the will of GeorgeMcElw ain. I call to my assistance Edward Smout, Peter Morral, andJames Galb raith, Esqrs. The Widow Claims her Thirds as Dower of theWhole.
