Person Page 58

Company D, Seventh Ohio Volunteer Infantry

Wounded in the foot at the Battle of Pittsburg Landing (Shiloh), which wound eventually resulted in his premature death in 1870.

Birth date calculated from headstone inscription:

Louisa

Consort of

Daniel Wendell

Died

Dec. 18, 1848

Aged

54 Yrs, 4 Mos, 1 Ds

(seen and photographed April, 1999 by Donald L. Boyd.)

-- was a Lieutenant, and reportedly also a Captain in Revolutionary Army:

"Virginia Militia in the Revolutionary War":

Part III, Virginia's Share in the Military Movements of the Revolution, page 231:

WINDLE, Philipp, Lt., S. Aug. 26, 1779.

Regarding the deaths and burials of Lemuel and Elizabeth Warren (per Joy Warren):

They died during a cholera epidemic. Elizabeth died first, and her body was taken to Lincoln to be buried in the family plot, which we have seen. When the men who took her in came home Lemuel was dead so they took him to Lincoln to be buried with his wife. There was just one little problem. Elizabeth was Catholic and Lemuel wasn't. When his family, I suppose brothers and sisters, found out they said, "Ain't no Warren going to be buried in no Catholic cemetery," and went to get him and buried him in Pleasant Valley Cemetery in New Holland.

The marriage may have occurred in Trupbach, Nassau-Siegen immediately prior to the emigration. Melchior and Elizabeth first lived in the common compound at Germanna in what is present-day Orange County, Virginia, but about 1721, along with many others from the settlement, relocated several miles northeast of Germanna. There on Licking Run, in what was then old Stafford County, later Prince William and since 1759, Fauquier County, the settlers took up individual tracts and named their new community "Germantown." Melchior and Elizabeth took up 100 acres (lot #7). Those seeking a deed to their land appeared in Spotsylvania County Court, 2 June 1724 to certify that they were legal residents of Virginia.

"Melcherd Brumback in order to take up land according to Royal Charter made oath that he came into this Colony to dwell in 1714 and brought with him his wife Elizabeth and that this is the first time of proving said importation, whereupon certificate is ordered to be granted them the right to take up land." Spotsylvania Co. VA Will Book "A", pp. 3-4.(Bly.)²

The marriage may have occurred in Trupbach, Nassau-Siegen immediately prior to the emigration. Melchior and Elizabeth first lived in the common compound at Germanna in what is present-day Orange County, Virginia, but about 1721, along with many others from the settlement, relocated several miles northeast of Germanna. There on Licking Run, in what was then old Stafford County, later Prince William and since 1759, Fauquier County, the settlers took up individual tracts and named their new community "Germantown." Melchior and Elizabeth took up 100 acres (lot #7). Those seeking a deed to their land appeared in Spotsylvania County Court, 2 June 1724 to certify that they were legal residents of Virginia.

"Melcherd Brumback in order to take up land according to Royal Charter made oath that he came into this Colony to dwell in 1714 and brought with him his wife Elizabeth and that this is the first time of proving said importation, whereupon certificate is ordered to be granted them the right to take up land." Spotsylvania Co. VA Will Book "A", pp. 3-4.(Bly.)²

Birth & Death dates from "From The Rhine To The Shenandoah" by Daniel W. Bly page 200.

Various pieces of evidence supporting the Catherine Brumbach/Christopher Wendel marriage are presented on p. 73 of "Ancestors and Descendants of the Nassau-Siegen Immigrants to Virginia". A marriage record has not been found.

Christopher's probate case from Shenandoah County Will Book D, p. 97.

Land grant source: Northern Neck Grants, Book "G", pp 375, 376, and 378.

The following is my transcriotion of the documents from 1790 Virginia Chancery Court case "Christopher Windle v. Hite Descendants" (original case file is at the Filson Historical Society, Louisville):

( top/outer page of Complaint )

C. Windle & al _

|

v |- Copy Bill

|

Hite & al _|

No. 20

North Mountain

No. 5

he ought to get about

200 acres.

( p.1 )

To the honourable the Judges of the High Court of Chancery

Humbly complaining shew unto your Honours your Orators Christopher

Windle and Abraham Smith, that they are in possession of a tract of

Land on the North Mountain being part of it contained in a survey

containing four thousand six hundred acres made on the said

mountain for Joist Hite & Co. and returned as one of the twenty-seven

surveys by Thomas Marshall and others in a suit in Chan {parchment disintegrated -- probably said "Chancery" }

and other Complts against Fairfax and other defts -- Your Orators

further shew that they claim this Land under your Orator Christopher

and who about the year 1743 purchased from Joist Hite four hundred

acres part of the said Tract of 4600 acres for which your Orator

Christopher was to pay him three pound a hundred the greater

part of the price of which Land your Orator Christopher did

actually pay him as will more fully appear by the said Hites

receipt bearing date the 19th day of October 1743 hereto annexed

to which your Orators refer; which receipt is witnessed by John

Hite one of the Complainants. Your Orator further sheweth that in

consequence of the purchase aforesaid from the said Joist Hite your orator

Christopher was put into possession of the Land on which your Orators --

Christopher, John and Abraham live although your Orator Christopher

expressly charges that he never received his quantity of four hundred

acres to which he was entitled by his said Contract, and your Orator

Christopher admits that your Orators John and Abraham have a right

under him to the parts that each of them hold of the said Land.

Your Orators further shew that being possessed of only a part of the

Land which your Orator Christopher had thus bought from the said Joist

Hite and the said Hite and others Complts in the said suit which they

pray may be made deft to this their Bill, well knowing these

things they had hoped to remain undisturbed in their possession

thereof -- But now so it is may it please your Honours that the said

deft combining and confederating together have served your Orators

with a copy of the Decree made in the said suit and threaten to {end of p.1}

(p.2)

turn them out of their possession. All which Actings and doings of the said

defts and their confederates are contrary to equity -- In tender consideration

whereof and for as much as your Orators are remediless except in this

Honourable Court. To the end therefore that the said defts particularly John

and Isaac may upon their Corporal oath true and distinct Answer

make to all and singular the premises as fully as if the same were

herein again repeated and interrogated to be answered unto, more

particularly that they may say whether they do not know or believe that

your Orator Christopher did make such contract with their father Joist

Hite as is set forth above and if not that contract what other and whether the

receipt hereto annexed is not ther father's writing and that the said

John Hite may say whether he was not a witness thereto, and whether

the money mentioned therein was not paid as the consideration for the

Land now in your Orator's possession, and if not for that Land for what

other Land? And that by a decree of this Honourable Court your Orators

may be quieted in their possession of the said Land, have their costs in this

{illegible} expended, and such other and further relief as may be agreeable

in equity etc. May it please your Honours to grant to your Orators a writ

of Subpoena etc. and your Orators shall pray etc. etc.

a Copy

John Brown CHCC

( in a different hand )

Believe that some part of this land has been sold,

but how much -- to whom -- or whether the purchase

money has been paid they know not. Refer to W.4.

( in another different hand )

John Hite believes that Christopher Windle the elder purchased some part

of the 4600 acre Tract in the Bill mentioned, and that he paid some

money on account thereof, but does not know the quantity of

the Land purchased or the amount of the money paid; that he may

have witnessed a receipt in 1743, but does not recollect it, nor

does he remember to have seen the receipt said to be annexed (end of p.2)

(p.3)

to the Bill; he does not know what quantity of Land the

said Christopher purchased, nor whether the Land in possession

of the Complainants is the same, nor does he know any thing

respecting the Title of the Complainants John and Abraham therefor.

He believes that the agreed price of the Land purchased by Christopher

Windle of the said Joist Hite has never been fully paid, because a

son of the said Christopher lately told him so -- and offered to pay him

the balance but did not mention the sum.

Andrew McKay knows nothing of the facts stated in the

Bill.

James McKay knows nothing of the facts stated in this Bill. (end of Complaint document)

( Title/Cover page of Deposition of Christopher Windal )

Christopher Windal

In the Claim of

Augustine Windal

N. Mountain

8th Feby.

( Deposition of Christopher Windal )

Christopher Windal deposeth that Augustine Windal within the Year

of Our Lord 1737 entered upon a tract of Land which Philip Wendal this

deponant's father had had bought for him from Joist Hite, and this said

Hite in about three years after the above date came up with David Vance

a Surveyor and did lay off a Piece of Land the same where the said

Augustine Windal now lives about 130 Acres and that this deponant

had been at the said Hites the same time when he with the said Varner

went to lay off the same land for his Brother Augustine Windal and

the said Hite had told him so he being in said Hite's employ and that

the said Hite received four waggon wheels from the said Augustine

Windal in part of pay for his said land at ten shillings each wheel.

8th Feby 1787.

( Title/Cover page of Deposition of Christopher Windal in Augustine Windal's suit )

Christopher Windal

In the Claim of

Augustine Windal

No. Mountain

8th Feby.

( Deposition of Christopher Windal in Augustine Windal's suit )

Christopher Windal deposeth that in the Year of our Lord 1737 he when coming

from the North and together with his father and Two Brothers call'd at the House

belonging to Joist Hite and stayed for about Two hours. The said Joist

Hite was then sitting at his door that this deponant's father Philip Windal asked the said

Joist Hite if his name was Joist Hite to which he answered Yes that was his

name Then the said Hite asked this deponant's father in his presence &

hearing where he came from and where he was going, and his father the said

Philip Windal made answer and saith he came from Pensylvania and was

going up as far as Old Jacob Funks and was hunting for Land, and the said

Joist Hite then saith that he had Land to sell near the said Jacob Funks, and if

they wou'd Stay a few days at the said Jacob Funks to rest their Horses, that

the said Windals might get some body to go with them and look some land where

they did like it and accordingly this deponant and his Two Brothers Valentine &

Augustine Windals together with the said Jacob Funk did go to look out

Land and came to that tract of Land cal'd the North Mountain tract which

they liked very well and the said Funk told them they might get it that nobody had

any Claim to it upon which we all returned back to the said Funks house and the

next day this deponant and his father the said Philip Windal and his Two Brothers

the said Valentine Windal and Augustine Windal moved with their wagg-

on and Baggage to the above said tract of Land and Erected a Cabin at the

Place where the said Valentine Windal now lives, and after they had Erected the

said Cabin the said Philip Windal went to the said Joist Hite and the said

Hite asked him how much land he was willing to take the said Philip told him

200 acres for his son Augustine Windal and the same quantity for his son

Valentine Windal and 400 acres for his son Christopher Windal and this depo-

nants father the said Philip Windal asked the said Joist Hite what he wou'd take

for the said land and he answered and said his price was three pounds per

hundred acres and further asked how soon it was to be paid and the said Hite

made answer and said he wou'd get the Land Survey'd & make them deeds for

the same as soon as he cou'd and then they shou'd Pay him for it and this

deponant further says that the said Hite was about building a mill &

Broke down his waggon wheels and meeting the said Philip Wendal at the

Chapel near where Stovers Town is now created and ask'd him for four of his wa-

ggon wheels which was granted and sent down and delivered to the said Hite by

the said Valentine Wendal in part pay towards the said Land at the

Rate of 10s. each wheels, and 4 waggon wheels more being deliver'd to the said

Hite by the said Augustine Wendal also in part pay toward the said

Land, and this deponant further says that in the fall of the Year of Our Lord 1737

came the said Joist Hite with the Surveyor Col. Wood and Jacob Newswoagger up

to the said tract of Land and did proceed to Lay off the said North Mountain tract

into Lotts and this deponant says he was Present and Seen the following lotts

Laid off. (viz) One lott for himself and One Lott for Ulrich Stoner One Lott for Thomas

Little. One Lott for George Sellers One Lott for Valentine Windal and One Lott

for one John Bauckman. And Two more Lotts which were not then Settled and this

Deponant further sayeth that he had improved his Lott at that time and that

Ulrich Stoner, Thomas Little and George Sellers and Valentine Wendal did then at

that time lived on their respective Lotts with their families.

8th Feby 1787

( Document entitled "N. Mountain 4600 Acres" )

Christopher Windle and Hiram Smith agst Hites and others. Chy.

The Bill states that they are in possession of part of the

Survey -- and that about the year 1743 Christopher Windle purchased of

Jost Hite 400 at £3 a hundred, the greater part of which was paid as

fo. Jost Hites rec. for £8.3.8 Cur. money, that he never got his full quantity of

400 acres.

The Defts answer, they believe Philip Windle did purchase

part of this survey, but how much or whether any part of the purchase money

was ever paid they know not, or whether the Land he purchased if he did purchase

is the same in the possession of the Compts, or whether it is in the possession of either

of the other Windles (the answer to Whose bills they refer) nor the price stipulated, or

and part has been paid -- that a son of s. Christopher offer'd to make a payment

to John Hite.

Christopher Windle has a pro. Deed -- and now claims the Land under a

purchase made by himself of Jost Hite so late as the year 1743 when the

Rec. for £8.3.8 C.M. is dated . as Comm. books 1770 and also to support his

claim under Hite produces as witnesses

Augustine Windle who says that his father Philip Windle purchased for Christopher

Interested Windle at £3.00 a hundred and the money was to be paid when the deeds

were made -- (and he claims land in this survey)

Valentine Windle says his father purchased of Jost Hite for Chr. Windle in 1737. This

Interested deposition is copied from Christopher Windle's deposition in Valentine Windle's

suit.

Christopher Windle is a Witness for Augustine Windle and

Valentine Windle who claim Land in this Survey --

It is supposed that Philip Windle did purchase some Land for his three

sons Christopher Winde, and Valentine Windle and Augustine Windle, and the Defts.

are willing they may have as much as is paid for ... the receipt which Christopher

now seems to want to support his claim, was certainly for his father ... no Land

was sold so late as 1743 ... some bonds have been given since, but such bonds were for

Land sold before 1743.

Val. Windle contradicts the statement in the bill.

( Decision of Chancery Court )

Virginia to Wit At High Court of Chancery held in Richmond Aug. 5th, 1790.

In the case of Christopher Windall, John Windall, and Abraham Smith in

possession of part of the four thousand and six hundred acres of Land called the

North Mountain tract, which part is stated to have been sold by Joist

Hite to Christopher Windall, under whom the other two possessions claim,

the sale by Joist Hite to Christopher Windall of the land whereon he

dwelled in the year one thousand seven hundred and forty-three, and

which was part of this North Mountain tract, being proven by the receipt

dated the nineteenth day of October in that year among the exhibits, and

the land to which he was entitled by the contract, having been granted

with other land to him by the lord proprietor, as appeareth by the report

of the commissioners, in the year one thousand seven hundred and

seventy, the Court is of Opinion that the possessors fall within the first

of the reservations, contained in the decree of the eighth of May in

the year one thousand seven hundred and eighty-six, be not carried into

execution as to so much, but that the possessors be quieted, and that the

plaintiffs in the principal Case, do pay unto them the Costs expended

by them on this Occasion, unless upon a survey, they shall be discovered

to hold more the land within the survey than the quantity to which this

decision affirmeth their title, in which Case the question as to Costs is

left open.

A Copy

Teste

Peter Tinsley C.H.C.C.

Oct. 19, 1743 Then recvd from Stoffel Windall

the sum of Eight Pounds &3/d cur't money of

Pennsylvania for Land. I say rec'd by me.

Jost Hite

Indorsed

The bargain £3 per hundred for Land

( Document title/Cover page -- possibly cover of decision document )

Christopher Windal

in Deec't of

Windals etc.

No. Mountain

Windle says- he was to

have 400 -- Val. Windle 200

& Aug. Windle 200 acres -- that

the Land was laid off in Lotts

by Col. Wood &tc in 1737 --

Wood's plot shows that Windle

was mistaken that he only

was to have 300 acres &

V. Windle 48 acres

Aug. Windle in his Bill says

he was to have 250 acres

( end of documents )

Transcription by Donald L. Boyd, May, 2009.

was living in 1737 when he bought land for his three sons from Joist Hite, for which he paid, in part, with wagon wheels. See the transcription of Christopher Windle v. Hite Descendants under his son Christophel.

Birth & Death dates from "From The Rhine To The Shenandoah" by Daniel W. Bly page 199.

From Rick Saunders research:

Augustin Diehl was listed as a potter at the marriage of his daughter Anna Margaretha, and at the baptism of his grandson Augustin WENDEL. On the marriage record, Philipp WENDEL was listed as a wagonmaker from Framersheim. Information from FHL microfilm 1474811.

Frederic Z. Saunders has contributed significantly to the Philipp Wendel research, and provided the following background:

The information on Philip WENDEL is from the German researcher Hermann Scholl, who was hired in 1981 by Mrs. Cleta SMITH of Silver Spring, MD to research the parish records for WENDEL. A copy of his report to her was placed with the parish register, as it was later microfilmed along with the parish register, for LDS records. Philip Wendel's name and information is apparently taken from tax records.

Birth date based on headstone legend, parts of which are not clearly legible, as follows:

"Died Sep. 26 1851, Aged 57 Yrs. (5 or 7) M 21 D"

Headstone, with upper left corner broken off, is lying face down near the west end of small private cemetery on N. side of SR 147, about 2 miles west of Batesville in Noble County. Seen and photographed by Donald L. Boyd, April, 1999.¹

Regarding the deaths and burials of Lemuel and Elizabeth Warren (per Joy Warren):

They died during a cholera epidemic. Elizabeth died first, and her body was taken to Lincoln to be buried in the family plot, which we have seen. When the men who took her in came home Lemuel was dead so they took him to Lincoln to be buried with his wife. There was just one little problem. Elizabeth was Catholic and Lemuel wasn't. When his family, I suppose brothers and sisters, found out they said, "Ain't no Warren going to be buried in no Catholic cemetery," and went to get him and buried him in Pleasant Valley Cemetery in New Holland.

From "History of Logan County, Illinois" by Lawrence B. Stringer:

page 248

Wendell, Thomas - 1888 - 1893, Supervisor, Corwin Township

page 262

1872 - 1885, Supervisor, Sheridan Township

page 266

1874 - 1876, Illinois State Representative

page 294 (1874) ... and Robert A. Talbot and Thomas Wendell, both of Logan, were elected Representatives in the General Assembly. The detailed vote is as follows:

For Representatives, General Assembly: Robert A. Talbott, 5,512 1/2; Thomas Wendell, 4,810; G. W. Middlecoff, 1,192; Richard Holmes, 66; H. L. Sill, 25.

page 295 (1876) For Representative, General Assembly: Joseph C. Ross, 8,117; Thomas Wendell, 7,739 1/2; D. C. Smith, 121 1/2; William A. Moore, 12.