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Descendants of Andrew McIlvain

Generation No. 2

2. JAMES² MCILVAIN (ANDREW¹) was born Abt. 1693 in Ireland, and died 11 Apr 1754 in Sussex Co., Delaware. He married FRANCES MILLS Abt. 1723. She was born Abt. 1699, and died 13 Jun 1763 in Sussex Co., Delaware.

Notes for JAMES MCILVAIN:
James McIlvain was a Member of the Assembly of the Three Lower Counties upon the Delaware 1745, 1746 and 1747.

James McIlvain moved from the tract of land, his father Andrew McIlvain purchased in 1719, and moved to the Coolspring Plantation which he purchased in 1750. The deed from that transaction is as follows:

Deed Book H, No 8, p. 276-277, Sussex Co., DE.
This Indenture made the Eighth day of August Seventeen hundred and fifty Between Ryves Holt and John Neill both of the County of Sussex on Delaware Gent surviving Executors of the Testament and Last Will of Robert Smith deceased of the one part and James McIlvain of the same place Gent of the other part Witnesseth whereas Thomas Loyd James Claypoole and Robert Turner being nominated and appointed under the Great Seal Commissioners by William Penn Proprietary and Governor of the Province of Pennsylvania and Territories thereunto belonging to grant and sign Warrants and Patents for Land did grant unto William Clark a certain tract of Land in the County of Sussex also called the Mill Plantation containing eight hundred acres of Land by Patent bearing the date the second day of the second month Sixteen hundred and eighty six and the said William Clark by his Deed of Sale duly perfected bearing the date fourth day of March Sixteen hundred ninety six Sold and Conveyed part of the tract unto a certain Matthew Ozborn by his Deed of Sale duly perfected bearing the date the first day of August Seventeen hundred and ten Sold and Conveyed the same to a certain Thomas Bedwell and Honor his Wife and the said Thomas Bedwell and Honor his Wife by their Deed of Sale duly perfected bearing the date fourth day of August Seventeen hundred & thirteen Sold and Conveyed the same to William Clark Son and heir of the aforesaid William Clark the Patented and the said William Clark by his Deed of Sale duly perfected bearing date Sold and Conveyed the same same to a certain John Fisher of the Broadkill and the said John Fisher by his Deed of Sale duly perfected bearing date the fourth day of May Seventeen hundred twenty two Sold and Conveyed the same to a certain Enoch Cummings and Hannah his Wife and the said Enoch Cummings and Hannah his Wife by their Deed of Sale bearing date the fifth day of May Seventeen hundred & twenty five Sold and Conveyed the same unto the aforesaid Robert Smith deceased and the said Robert Smith by his Testament and Last Will bearing date the third day of June Seventeen hundred forty two constituted and appointed Ryves Holt and John Neill Gent together with Jane his Wife now deceased his Executors and impowered the said Ryves Holt & John to make the Sale of his Lands to make payment of his just and his full debts as by the Will fully appears Now this Indenture Witnesseth that the aforesaid Ryves Holt and John Neill by the virtue of the power in the aforesaid Will of them given and for and in consideration of the sum of one hundred and sixty seven pounds ten shillings of this Government to them in hand paid before the ensealing and Delivery of these presents by the aforesaid James McIlvain the receipt thereof is hereby acknowledged and the said James his heirs and assigns of every part fully and Absolutely aquitted and discharged forever hath given granted bargained Sold Conveyed and confirmed and by virtue of the power to them given and by these presents Do give grant bargain Sell Convey and confirm unto the aforesaid James McIlvain his heirs and assigns forever a certain tract or parcel of Land being part of a larger tract as aforesaid situate lying and being in the County of Sussex aforesaid Beginning at a corner white oak standing in the branch three perches above the Foord or Bridge on the North West side of the run edge thence along the line of said Dividend as is settled by the Court of John Clowes Charles Perry Joseph Shankland and William Shankland and upon a Reference to then some disputes arrising concerning the Division line between the aforesaid Mill Plantation and another tract of Land called Coolspring Plantation and may fully appear by the paper Recorded in the Rolls Office of Sussex aforesaid being the true line between the two bridges called for in the old Patent thus North eighty two and a half degrees West three hundred and twenty two perches to a corner white oak interline thence by a Dividing line running across the said tract North forty two and one half degrees East about one hundred thirty two perches to a corner red oak sappling thence by a Dividing line of North forty four degrees East seventy two perches to a corner red oak sappling thence by a Dividing line of South fifty nine degrees East two hundred eighty five and a half perches to a post in the stump of an old corner red oak by the side af a slake thence by a Dividing line of South forty five degrees East along the said slake twenty four and a half perches to a corner red oak the side of the main branch of Coolspring thence the said course continued of south forty five degrees East eight perches into the Cripple of said branch to a corner jam standing by the run side on the North West side thence up along the run of said branch thus binding with it South forty six degrees West thirty three and a half perches to a corner post in the run of said branch thence along run and up the jams binding with it South sixty nine degrees West forty six and a half perches home to the place of Beginning containing resurveyed and laid out for two hundred fifty seven acres of Land and Branch To Have and To Hold the aforesaid two hundred fifty seven acres of Land and Branch with the appurtenances before and hereby granted bargained and Sold unto the said James McIlvain his heirs and assigns to the only proper use and behoof of the said James McIlvain his heirs ands assigns forever in as free clear and ample a manner as the aforesaid Robert Smith held and enjoyed the same at the time of his decease the rents and profits due for and in receipt of the premises always excepted and foreprized and the aforesaid Ryves Holt and John Neill surviving Executors as aforesaid the aforesaid two hundred fifty seven acres of Land and Branch together with the appurtenances free and clear from the claim and claims of said Ryves and John their heirs Executors and Administrators and from the claim and claims of the heirs of the aforesaid Robert Smith their Testator unto the said James McIlvain his heirs Executors Administrators or Assigns shall an with warrant and forever defend by this presents In Testimony whereof the aforesaid Ryves Holt and John Neill surviving Executors as aforesaid by virtue of the Authority to them given in the Testament and Last Will aforesaid have hereunto set their hands & affixed their seals the day and year first within written.
Sealed and Delivered in Presence of
Benjamin Stockely Ryves Holt (seal)
John Russell John Neill (seal)

Deed Book H, No 8, p. 374, Sussex Co., DE.
This indenture witnesseth that Edward Proger, in consideration of seventeen pounds paid for him by James McIlvain to William and David McIlvain as also for other good causes, he the said Edward Proger hath bound and put himself and by these presents doth bind and put himself servant to the said James McIlvain to serve him and his executors and assigns from the 19th instant for and during the full term of four years thence next ensuing during which time the said servant shall serve his said Master his executors or assigns faithfully and that honestly and obediently in all things as a good and dutiful servant ought to do and the said Master, his executors and assigns during the said term shall find and provide, for the said servant sufficient meat, drink, apparel and washing and bedding and at expiration shall give him customary freedom due and for the faithful performance hereof both the said parties bind themselves firmly unto each other by these presents. In witness hereof they have hereunto interchangeably set their hands and seals dated this fourth day of June in the twenty-fifth year of His Majesty's Reign, Anno Domini 1752.
Signed and delivered before me, Robert Strettill, Marq. Edward Proger (seal)

The following is from the Pennsylvania Gazette, July 9, 1752:

Edward Proger, English Servant, tailor, aged c. 20, supposed to be on board a vessel bound to Rhode Island, Joseph Hadley, Commander, runaway from James McIlvaine at Cool Spring, Sussex Co. upon Delaware.

The will of James McIlvain reads as follows:

In the Name of God Amen I James McIlvane of the County of Sussex upon the Delaware being sick in body but of sound mind and memory Calling to mind the Certainty of Death do make this my Last will and Testament in Manner & form following, and Principally I resign my Soul to God in hopes of a Happy Resurrection Thro Jesus Christ, I order that my body be Decently Interred by my Executrix hereafter mentioned as to my worldly Estate I Give Devise & Bequeath in form Following
Impr: I Give Devise and bequeath unto my Dearly beloved wife Frances McIlvane the Land Houses Buildings and all other Appurtinances whereon I now Live at Coolspring in Said County During her Natural life ( Excepting as is hereafter Reservd ) and after my wife is Dead to my Son David McIlvane his Heirs and Assigns forever in fee, Reserving Nevertheless, my will is, that my Son David Shall have the Liberty Immediately after my Decease to Build on Said Land at the Crop Roads, and Improve to the Northward and Southward of the Same, Likewise the field formely Called Becky Camells to Tend until my Loving wifes Decease as aforesaid, Its further reservd by this my Last will and Testament that if my Son David McIlvane Should Die, without Lawfull Issue, then the above plantation Called Coolspring to be Equally Divided after his and my Loving wifes Death to all my Children both Sons and Daughters
Item I Give Devise and Bequeath to my Son Robert McIlvane the Land Houses and Buildings with all other Appurtinances whereon he now Dwells to him and his Heirs and Assigns forever in fee Simple and also if my Said Son Robert Should Decease without issue then his Said Land and appurtinances to be Equally Divided between Each of my Children both Sons and Daughters
Item I Give Devise and bequeath to my Son Andrew McIlvane the Land Houses and Buildings with all other Appurtinances whereon he now Dwells to him and his Heirs and Assigns forever in fee Simple Also if my Said Son Andrew McIlvane Should Decease without Issue then the said Land Buildings and Appurtinances to be Equally between Each of my Children both Sons and Daughters
Item I Give and Devise and bequeath unto my Son James McIlvane and to his Heirs and Assigns forever in fee Simple all the Land Houses Buildings and Appurtinances where on he now Dwells and whereon I Lately Dwelt In Indian River Hundred in the aforesaid County, as Also the Land and Appurtinances I bought of my Brother George McIlvane with One Hundred Acres of Warrant Land Adjoyning to the Same provided my Said Son James McIlvane his Heirs and Exeutrs or Admrs and Assigns Shall pay the Sum of Sixty Pounds Current Lawful Money of Pennsylvania as follows that is to Say, Twenty five Pounds thereof to be Divided between my Son Roberts Children vizt Mills James Andrew Lydia and Winefred Equally and the remaining Thirty five pounds thereof unto Executrix hereafter Mentioned to be by her Added to my personal Estate and Disposed of Accordingly
Item I Give Devise and Bequeath unto my Son John McIlvane & to his Heirs and Assigns forever In fee Three Hundred Acres of Land with the appurtinances which I have in the back Country Called Catts Cabin Likewise if my Said Son John Should Decease without Issue then the said Land & appurtinances to be Equally divided between my Children Sons & Daughters
Item I Give to my Dearly beloved wife Frances McIlvane the full and Equal third part of my Personal Estate after my funeral Charges and Just Debts are paid and before my Legacies hereafter mentioned shall be paid or Delivered, I also Desire and Leave my Negro fellow Called Justice and my Negro wench Called Sib to my Loving wife aforesaid During her Life, and afterwards to my Three Daughters hereafter mentioned vizt Prudence Wiltbank Mary McIlvane & Frances McIlvane
Item Whereas I have formely given unto my Daughter Prudence Wiltbank the wife of Jacob Wiltbank Sundrys amounted by my Computation to the Value of Sixty Pounds when my Estate shall pay her forty Shillings more which I Give to her and her Heirs forever
Item I Give unto my Son John McIlvane before mentioned Ten Pounds Current money of Pennsylvania likewise the Bed & furniture he has Received from me already to him and his Heirs forever
Item I Give unto my Son David one Mare that he has in his possession One Bed and Bolster One pare of Sheets One Blanket One Rug to him and his Heirs forever
Item I Give Devise and Bequeath unto my Daughter Mary McIlvane one Negro boy Called Jupiter One Mare which She has in her possession One Sadle and Bridle that She has Also One Bed and Bolster One pare of Sheets One Blanket Two pillows and One Rugg to her and her Heirs forever Provided she has Issue and if not then the above Negro Boy Called Jupiter is to be Equally Divided between my Children Sons and Daughters that Survives her after her Decease
Item I Give Devise and Bequeath unto my Daughter Frances McIlvane One Negro Boy Called Cain One Bed & Bolster One pare of Sheets One Blankett Two pillows and One Rugg also Fourteen pounds Current Lawfull money of Pennsylvania to her and her Heirs forever provided she has issue, and if not then the above Negro Boy Called Cain is to be Equally divided between my Children Sons and Daughters that Survives hereafter her Decease
Item I Give Devise and Bequeath the Remaining part of my personal Estate to be Equally Divided Amongst all my Children Vizt Robert, Andrew, James, John, and David McIlvane Prudence, Mary, and Frances McIlvane aforementioned after all my Just Debts and funeral Charges is paid, Likewise my wifes Thirds the Legacies Left her by me is Received by her and all the other Legacies Bequeathed by me to my Children Sons and Daughters above Mentioned
Lastly I Do hereby constitute Ordain and Appoint my Dearly beloved wife Frances McIlvane the Sole Executrix of this my Last will & Testament Revoking and Disannuling all former wills or Testaments by me made Ratifying and Confirming this Only and no other to be my Last will and Testament
In Testimony whereof I have hereunto Set my hand and Seal this Eight day of April One Thousand Seven Hundred & Fifty Four
Sealed pronounced & Declared & Delivered in presence of us
George West
Rebeckah Camell James McIlvain (seal)
Henry Blackwood

Sussex Co., Prob. May 15, 1754. Arch. vol. A87, page 190. Reg. of Wills, Liber B, folios 82 - 86.

The following entries come from Abstracts of the Proceedings of the Orphans' Court of Sussex County, Delaware, by V. L. Skinner, Jr.:

Liber 3, 1751-1760. f. 73, 11 March 1755. Frances Mcelvane executrix of Jas Mcelvane. Inventory is 280.2.6. Payments to: Mr. Holt, John Pike, John Hall (B. Smith), Andrew Mcelvane, Alexander McCollo, John Steward, John McSparran, Dan. Horsman, Jacob Wiltbank, Jacob Kollock, Josias Marton, John Cohune.

Liber 3, 1751-1760. f. 74, 11 March 1755. Accounts are 54.0.6. Distribution to: widow (unnamed, 1/3). Legacies to: Frances Mcelvane, Jr. (received Negro Cain), Jacob Wiltbank, Mary Mcelvane (received Negro Jupiter), John Mcelvane, Prudence Wiltbank & Mary Mcelvane & Frances Mcelvane (after their mother's (unnamed) death, to receive Negro Justis & Negro Sib). Accounts are 164.10.0.

More About JAMES MCILVAIN:
Burial: Coolspring Presbyterian Churchyard
Occupation: Yeoman

Notes for FRANCES MILLS:
The following is from the Session Minutes of the Lewes, Coolspring, & Indian River Congregations of the Presbyterian Church, Sussex County, Delaware, 1756-1848, pages 3 & 4, dated February 19, 1759:

A Judicial Trial Viz. At Coolspring the Session Met pro re-ratu "Upon Complaint of Mrs. Francis McIlvaine against Mr. Gil Belcher Parker one of our members" for "slandering her family." U.P.P.S. Mr. Wilson Minister, Josias Martin, Jno. Mustard, Jno. Coulter, Jno. Harmonson, Elders.
The Session (after a caution given to both parties against wrath & Bitterness & C.) proceeded to hear Mrs. McIlvaines Complaint which was "That Mr. Parker told one Mrs. Turner that He was informed that Mrs. McIlvaine's 2 daughters had been married had lived discontentedly with their husbands and that he feared her youngest would be no better."
Mrs. Turner being called evidenced "She only heard from him in Pleasantry say Fanny her youngest Daughter was one of the Handsomest Presbyterian Girls but he supposed would not early get a husband over the Indian River for her sister Molly Aidelotte there (he was informed) had made herself mean at a Frolic refusing the Laborers their Dinner thro' ill-Temper."
Mr. Parker being called acknowledged He had Sd. so & heard it by many & appealed to the Session whether they had not heard the same thing & particulars mentioned Parker Alish, Author.
Parker Alish called answered He Had heard it Commonly among his neighbors but had it particularly from one Wm. Merser Who lives near Sd. Aidelottes.
Whereupon Mrs. McIlvaine produced a Certificate signed by nine persons Some relations of Sd. Molly Aidelottes Husband some of who had lived in the House and some with neighbors asserting that Sd. Mr. Aidelotte and his wife have & do live comfortably together.
Where both parties removed, the Session considering and conversing over the Matter, think it irrelevant & not worth a Session Meeting; And therefore charge all Members of this Congregation never to call upon nor trouble Session with Trivial Matters, for the Future not till Christian Methods have been first used to compromise Differences & Missunderstandings among thereselves & therefore enact that Relavency of Disputes be first considered before any Sessions be hereafter called. but with Regard to this Affair since we have been called & have considered it; our unanimous Determination is, That in charity to the Persons certifying Mr. Aidelottes and his wifes comfortable living together, We must think the Report spread was Slanderous and unjust. And yet on the other Hand that as Gil Belcher Parker only related a Report He had from so many and was so commonly believed and related in the Hall, He therefore cannot be accused of Slander nor justly blamed in the Affair. But as these Reports seen to have too much raucled both Families, the Session earnestly reccomend it to both to make up all Differences as quickly as possible and that they study the Things that make for Peace as becomes the Followers of Him, who was harmless and undefiled and Who when He was reviled, reviled not again, Then after an Exhortation with respect to the way of preventing and healing Differences, Concluded with Prayer

More About FRANCES MILLS:
Burial: Coolspring Presbyterian Churchyard

Children of JAMES MCILVAIN and FRANCES MILLS are:

5.	i.	DAVID³ MCILVAIN, d. Abt. 1766.
6.	ii.	ROBERT MCILVAIN, b. Abt. 1724; d. 10 Jan 1773, Sussex Co., Delaware.
7.	iii.	ANDREW MCILVAIN, b. Abt. 1725, Sussex Co., Delaware; d. 13 Sep 1789.
	iv.	JAMES MCILVAIN, JR., d. 12 Jan 1784; m. (1) JANE CRAIG, Abt. 1752, Sussex Co., Delaware; m. (2) ? ORR, 31 Jul 1762.

Notes for JAMES MCILVAIN, JR.:
Deed Book K, p. 313, Sussex Co., DE.
2 Mar 1768. Deed. Rhoads Shankland esqr high sheriff of Sussex County conveyed to Andrew McIlvain of the same county yeoman 2 tracts of land in Indian River Hundred 300 acres south side of Braceys Branch which land was left by the wills of James McIlvain and Frances McIlvain unto their son James McIlvain, and whereas Comfort Paynter recovered a judgement against James McIlvain of same county for 18 pounds 2 shillings 2 pence, by virtue of a writ the sheriff seized in execution the tract of land, a valuation made by Thomas Robinson, Senior, together with the execution of Joseph Warrington and Sarah Warrington who say it is sufficient to discharge the said execution in 7 years, and the sheriff sold the same unto Andrew McIlvain for 130 pounds 3 shillings he being the highest bidder. Witnesses: Thomas Gray, Joseph Shankland. Acknowledged 2 Mar 1768.

On Jan. 12, 1784 James McIlvain, made a verbal will in the presence of Robert and Sarah Prettyman in which he left what estate he should possess to be equally divided between William McIlvain (son of David); William Water (son of Nelson); James Brereton (son of John). Executor, Robert Prettyman.

Sussex Co., Prob. Feb. 18, 1784. Arch. vol. A87, page 192. Reg. of Wills, Liber D, folios 38.

More About JAMES MCILVAIN, JR.:
Occupation: Yeoman

8.	v.	JOHN MCILVAINE, d. Bef. 1784.
9.	vi.	PRUDENCE MCILVAIN.
	vii.	MARY MCILVAIN, m. ? AIDELOTTE.
10.	viii.	FRANCES "FANNY" MCILVAIN, d. 02 Apr 1787.

3. MARTHA² MCILVAIN (ANDREW¹) was born Abt. 1695 in Ireland. She married JOHN MARRINER.

Child of MARTHA MCILVAIN and JOHN MARRINER is:

GILBERT³ MARRINER.

4. GEORGE² MCELWAIN (ANDREW¹ MCILVAIN) was born Abt. 1707 in Ireland, and died 1748 in Cumberland Co., PA. He married MARGARET THOMPSON.

Notes for GEORGE MCELWAIN:
The following is from, A Documentary History of the Family of Andrew McElwain and Mary Mickey of Cumberland County, Pennsylvania, by Wilbur J. McElwain:

George the youngest son of Andrew McIlvaine, was born about 1707, and was therefore about twelve years of age when the family came to America. At the time of the death of his father he was not of age, and the will appointed his brother James as his guardian. George received 100 acres from his father, which he later sold to his brother and former guardian, James. At sometime before 1744 George moved to Cumberland County. This date is established by an entry in the Session Book of the Middle Spring Presbyterian Church which relates the story of a minor disorder and the discipline imposed by the Church, upon George, Whose name is spelled McElwain. A brief extract from the Minutes appears below.

George's surname appears in several forms on various documents, but usually, though not always, with the "w" rather than the "v". His descendants use the spelling McElwain.

In his will George left all his land to his eldest son Andrew, who was then only about eight years of age. Some years later Andrew gave a portion of the land to his younger brother Joseph. All of the children of Andrew moved west, but descendants of Joseph still live in Cumberland County.

George's wife Margaret, not content with the terms of the will, filed an objection claiming dower rights of one-third of the whole estate. This "Caveat" is transcribed after George's will.

Extracts from the Session book of the Middle Spring Presbyterian Church:

Janry 16--1744/45 The sessions of Middle Spring & Big Spring Met conjunctly about a scandalous & riotous Quarrell wherein some Members of each congregation were concern'd. Begun with prayer. John Mckee of Middle Spring & 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 his Handkerchief, which said George denies.
William Carnachan complain'd that William McCall assaulted him first, & ask'd him certain Questions, which it seems, said McCall says said Carnachan ask'd them at him. William McCall did not appear. George McElwain being call'd solemnly declar'd that, to the best of his Knowledge, after there had been a skirmish at Albert Culbertson's House, he, William Carnachan, & Francis McCall took Horse to go home, & having gone a little way, said McCall said as much as that he was displeas'd to see that William Carnachan shou'd be so much abus'd, they wou'd turn back, & get some more of their own company, the depnt. consented to go back, partly to prevent Robt Finly from getting a Warrant; & partly to get some more company, in order to another Skirmish, upon which, they went back towards Shippensburgh, until they met their own company of Joseph Carnachan, James Laughlane Junr., James Jake, Saml. Smith, John Jake, John Smith, & Allexander Fairbairn; when they met, Joseph Carnachan, seeing his Brother Willm. bleeding & his shirt torn, was very angry, & said he wou'd have satisfaction of the currs that did it, then the whole company went towards Andrew Culbertson's, & met the other company; James Jake ask'd one who he was, & where was he going? The other reply'd his Name was Robt. Finley, & that he was going to the Justices. Said Jake said it was a shame for Neighbors that cou'd'nt agree better in the dark night. The Depont. saw no stroaks, nor hear any outcry; but after the others went away, he heard Joseph Carnachan, Jas. Jake, & Jas. Laughlane say they had struck, but didn't say who.
Upon the whole this conjunct session apprehend they cannot come to a judgement about the first skirmish at Andrew Culbertson's, untill evidence be obtain'd between the parties concern'd in it, their Accounts of the Matter are so widely diferent; and therefore refer that part of the Matter to the session of Middle Spring at their next meeting, the persons chiefly concern'd in it, belonging to the congregation.
From George McElwain's Account of the affair the session judge, that George McElwain & Francis McCall were Accessorys to the Quarrel, in taking William Carnachan back after they had gone away, & James Laughlane in stricking, & that thereby they have violated the Law of God & given offence to the church; & appoint them to attend the next Meeting of the session of Big Spring, & there profess their sorrow for their sin, & be rebuk'd for it.
Order'd that William Lamond cite James Jake to attend then. Francis McCall oder'd to attend the session of Middle Spring about the first skirmish at andrew Culbertson's.
The Affair that was refer'd by the conjunct sessions, to the further consideration of this session resum'd.
Gustavus Henderson being call'd, solemnly declar'd that as he was walking in Andrew Culbertson's Floor, he heard Willm. Carnachan & Willm. McCall speaking pretty loud then going out he heard Willm. McCall say to Willm. Carnachan show me one word that I have said amiss, & I'll yeild. Upon which Carnachan said, you believe in a rotten hearted fellow like yourself, & struck said McCall, & said McCall laying hold of him, they came both to the ground; after they were parted, while the Depnt. was speaking with Willm. McCall looking behind him he saw said Carnachan & George Finley having hold of each other & said Finley threw down said Carnachan; John Finley & the Depnt parted them; then said Carnachan going straight to Willm. McCall laid hold of him again, & both came to the ground, upon which Depnt. went & loss'd said Carnachan's Arm from about said McCall's Neck; the Depnt. further says that said Carnachan's shirt was torn, but did'nt observe any wounds except that his Nose bled; & that there were none engag'd with said Carnachan but one at once.
Other evidences, who were cited about the said Affair being not yet come, it is a little defer'd.
...
The other evidences concerning the Affair between Willm. Carnachan, & Willm. McCall, John, Robt. & George Finley not appearing, the session proceeded to consider the case, as now before them, & after serious Deliberation Judge, that notwithstanding it appears that Willm. Carnachan first began the Quarrel, & was principal in Carrying it on (tho it does not appear whether said Carnachan or McCall began the conversation) yet said McCall was to be blam'd for keeping up any conversation with him at such a time, about any Debate, & the other persons abov'd, for staying so late in the way of temptation: & that they be admonish'd for it.

The will of George McElwain (Will Book A-1 139: 1747B) (from Complete History, pp. 293a-294) reads as follows:

In the name of God, Amen the first day of January, 1748,
I George McElwain of the Township of Hopewell in the county of Lancaster in the Province of Pennsylvania a Farmer being very sick and weak in body but of perfect mind and memory thanks be given unto God therefore calling to the mind the mortality of the body and knowing that it is appointed for all men once to die do make and ordain this my Last Will and Testament, that is principally and first of all I give and recommend my soul into the hands of almighty God that Gave it and my body I recommend to the Earth to be buried in Decent Christian Burial at the Discretion of my Executors Nothing Doubting but at the general Resurrection I shall receive it again by the Mighty Power of God and as touching such worldly Estate wherewith it has pleased God to Bless me in this life, I give Demise and Dispose of the same in the following manner and form.
Item first I give and bequeath to Margaret my Dearly Beloved wife the third part of all my goods and Chattles after my Debts are paid Except my plantation and I allow her the Benefit of the Plantation During her widowhood and in Lew thereof She shall keep my two sons to wit Andrew and Joseph McElwein and put them to School During her widowhood or till they Can Read the Bible plain and Read and write Bills and Bonds and Work the Golden Rule in arethmetick perfect.
Item I Give unto my well beloved son Andrew McElwein all and singular my land messages and tenements by him freely to be possessed and enjoyed cleared out of the Land Office and if he dies before he comes of age I allow my son Joseph to become heir and if he does not learn to Read and write and Cypher before his mother Marrys I allow him to be put to school and taught as aforesaid
Item I Give to my beloved son Joseph McElwein the one third of my Moveable Estate after all my debts are paid by him freely to be possessed and if he Die before he comes of age I allow my son Andrew to be his Heir and Likewise constitute my well friends William Thompson and Andrew McElwein my only sole executors of this my Last will and testament and I do hereby utterly Disallow Revoke and Dissannul all and Every former Testaments wills Legacies and Benefits and Exe's by me in any ways before named willed and Bequeathed Ratifying and Confirming this and no other to be my Last will and Testament in Witness whereof I have hereunto Set my hand and Seal the Day 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 appeared William Lamond and Daniel Mickie, two of the witnesses to the above Will and on their oaths declared they were present & they heard George McElvain the testator above named Sign Publish and Declare the above Writing to be his last Will and Testament & that at the doing that he was of sound 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 William Thompson and Andrew McIlvaine exrs. of the Testament and last will of George McIlvaine, who was admr., all and singular of the goods and chattels, Rights and credits of Daniel Mickie at the time of his death who dies intestate as its said, of the one part, and Thomas Carey of Sussex County on Delaware of the other part. Whereas there is a certain tract of land in Angola Neck was legally conveyed to the Aforesaid Daniel McKee, dec'd, and whereas the aforesaid George McIlvaine at an Orphans Court held at Lewes for the County of Sussex, 8 of June 1738 obtained an order of the Court for sale of said land in order to satisfy his creditors and sold to John Simeton, Simeton transferred his right to John Black, who sold the same to Thomas Carey (sic), party to these presents.
Estate of George McElvaine afore'sd William Thompson
who was admr of Daniel Mickey Andrew McElwain

The following is from the Pennsylvania Genealogical Magazine, Vol. XXIV, 1965-66. p. 28 Philadelphia, Pa., published by the Genealogical Society of Pennsylvania:

Caveat entered by the Widow against probate of the will of George McElwain. I call to my assistance Edward Smout, Peter Morral, and James Galbraith, Esqrs. The Widow Claims her Thirds as Dower of the Whole.

More About GEORGE MCELWAIN:
Occupation: Farmer

Children of GEORGE MCELWAIN and MARGARET THOMPSON are:

11.	i.		ANDREW³ MCELWAIN, b. 1740, Cumberland Co., PA.; d. 1793, Cumberland Co., PA.
12.	ii.		JOSEPH MCELWAIN, b. 1743, Cumberland Co., PA; d. 1822.

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