Whispers of Eliza Winfield Lilly

Some peoples lives barely creased the paper of Early American records. Eliza M. Winfield Lilly and her son Thomas Winfield Lilly, were two of those individuals. Like the faintest breeze leaving small ripples on a pond, they lived and breathed upon the banks of the Rocky River within the Anson/Montgomery/Stanly County area of North Carolina. If it were not for a small bit of documentation, their names would not be known at all.

However, those small ripples can create a chain reaction of tremendous proportions.

While researching my Great-grandfathers grandfather, Henry Davis, oldest son of Job, I came across a lawsuit in a book that mentioned him. That book was:

Cases at Law Argued and Determined in the Supreme Court of North Carolina

 By North Carolina. Supreme Court

I downloaded the ebook and while scanning through, a found a case that involved Henry's first cousin, John Winfield. The case was in Anson County, and true, my family lived on both sides of the river at any point in time. Henry's mother was Sarah Winfield Davis and her only brother was Edward Winfield. Edward had 4 sons, Arthur Freeman, John, Peter and Milton and one daughter, Eliza Ann. 

Arthur Freeman was in the War of 1812 and taking advantage of the land grants, he relocated his family to Perry County, Alabama. John had remained in North Carolina for most of his life, and then in middle age, he relocated to Arkansas. Peter had married Mary "Polly" Goldston of Randolph County and settled on this side of the river, which was Montgomery County in those days and had two small sons. He died in a lumber accident at a young age and his widow married a minister, John Barber, and raised his two sons, John Peter and William in Anson County with their half-siblings. Milton married Mary Ann Pickler and had no children. His widow would marry his first cousin and Henry Davis's younger brother, Marriott Freeman Davis, who was a widower with a young son. They would have no children either. And then there was Eliza M Winfield. My belief is that the "M" stood for Martha and at the end of my post, you will understand why. 

As Eliza M. Winfield died before the 1850 census, the only record of her name was a wedding announcement from the following newspaper:

A big Thank You to Ms. Carolyn Shank for contributing this marriage announcement from the Raleigh Minerva to the Anson County marriage archives.

File contributed for use in USGenWeb Archives by:
Carolyn Shank Carolynshank@msn.com November 8, 2008, 5:04 pm

Raleigh Minerva
Friday, Aug. 29, 1817
MARRIED, on Thursday, on the 7th inst., by the REV. ARMSTEAD LILLY, MR. WM. 
LILLY, late of Fayetteville, to MISS ELIZA M. WINFIELD, daughter of EDWARD 
WINFIELD, ESQ. of Anson County.

This piece of information tells us a number of things. First, the date of the marriage, August 29, 1817. Second, that the groom, William Lilly, had been residing lately in Fayetteville, which is located in Cumberland County, North Carolina. Second, that the bride, Miss Eliza M Winfield was the daughter of Edward Winfield of Anson County. 

Right away, I knew who Edward Winfield was. He was the only brother of my ggggreat-grandmother, Sarah Elizabeth Winfield Howell Davis and the only son of Peter and Charlotte Freeman Winfield. Eliza was his only daughter. In early census records, she was only a dash. Her marriage license was the only document that gave her name. Also, it would be a great probability that the minister, the Rev. Armstead Lilly, was a close relative of the groom, William. 

A look at the early deeds of Cumberland County does not mention William Lilly. Instead, there are many, many documents mentioning Edmund J Lilly, Hannah Lilly and Henry Lilly. Even one involving the Methodist Episcopal Church where Job and Sarah Winfield Davis and Sarah's sons Jordan and John W. Howells sons and their families were members. They were a civic-minded family, donating land to the Fayetteville Female High School, the Methodist Episcopal Church, and donating property to the City Cemetery. And businessmen, involved in the Blounts Creek Manufacturing Company, the Western Railroad Company, the Cross Creek Manufacturing Company, the Beaver Creek and Buff Mills, the Cape Fear Steam Boat Company and the C F & Y V R R Co., or the Cape Fear and Yadkin Valley RailRoad Company. 

So, the search was on to find out who William and Armstead Lilly were. It did not take a great deal of searching through our local library to find out that this William and this Armstead, born at the time they were, were sons of John Lilly and Eleanor Dumas Lilly. The Lilly family was very prominent in Montgomery and surrounding counties. The Fayetteville Lilly's were relatives and William had likely gone there to school. In 1817, the year of their marriage, he would have been about 20 years old.

Now, let me trace Eliza as dashes in the early censuses.

Name:	Edward Winfield
Home in 1800 (City, County, State):	Fayetteville, Anson, North Carolina
Free White Persons - Males - Under 10:	1
Free White Persons - Males -10 thru 15:	1
Free White Persons - Males - 26 thru 44:	1
Free White Persons - Females - Under 10:	1
Free White Persons - Females - 26 thru 44:	1
Number of All Other Free Persons:	5
Number of Slaves:	3
Number of Household Members Under 16:	3
Number of Household Members Over 25:	2
Number of Household Members:	13

In 1800, Eliza would have been the female under 10, meaning she was born between 1790 and 1800.

Name:	Edward Winfield
Home in 1810 (City, County, State):	Anson, North Carolina
Free White Persons - Males - Under 10:	2
Free White Persons - Males - 16 thru 25:	1
Free White Persons - Males - 26 thru 44 :	1
Free White Persons - Females - 10 thru 15:	1
Free White Persons - Females - 26 thru 44:	1
Numbers of Slaves:	13
Number of Household Members Under 16:	3
Number of Household Members Over 25:	2
Number of Household Members:	19

By 1810, all sons had been born, the oldest, Freeman, was head of his own household and about to go to war, and Eliza was the only daughter, the female between 10 and 15, meaning she was born between 1795 and 1800.

Name:	Edward Winfield
Home in 1830 (City, County, State):	Anson, North Carolina
Free White Persons - Males - 20 thru 29:	1
Free White Persons - Males - 50 thru 59:	1

By 1830, Edward only had one son at home, Milton, as John and Peter were in their own households by then. There where 22 slaves in the household as well.

Name:	William Lilly
Home in 1820 (City, County, State):	Coppedge, Anson, North Carolina
Enumeration Date:	August 7, 1820
Free White Persons - Males - Under 10:	1
Free White Persons - Males - 26 thru 44:	1
Free White Persons - Females - 16 thru 25:	1
Slaves - Males - Under 14:	4
Slaves - Females - 14 thru 25:	2
Number of Persons - Engaged in Agriculture:	4
Free White Persons - Under 16:	1
Free White Persons - Over 25:	1
Total Free White Persons:	3
Total Slaves:	6
Total All Persons - White, Slaves, Colored, Other:	9

In the 1820 census, William and Eliza had been married about 3 years. She would have been the female between 16 and 25, meaning she was born between 1795 and 1804. Between the 3 censuses, she was born between 1795 and 1800. There is also a male under 10 in the home. 

William H Lilly
Gender:	Male
Spouse:	Camilla C Tores
Spouse Gender:	Female
Bond Date:	11 Jan 1825
Bond #:	000126984
Level Info:	North Carolina Marriage Bonds, 1741-1868
ImageNum:	008033
County:	Rowan
Record #:	01 260
Bondsman:	Joseph B Ingram
Witness:	Hy Giles

In January of 1825, William married Camilla Caroline Torres of Rowan County. Her name sounded Hispanic and it was not difficult to find the family she came from. This meant that Eliza had died by late 1824.

Camilla was the daughter of Benjamin Smith Torres. He was born about 1767 in Middlesex, England to Moses Torres and his wife Sarah who had migrated to England from Portugal. Moses was a Physcian. Benjamin and several of his brothers immigrated to America via Pennsylvania. The 1800 census shows him in Essex, Virginia. By 1810, he is in Rowan County. 

Benjamin Torez
Home in 1810 (City, County, State):	Salisbury, Rowan, North Carolina
Free White Persons - Males - 16 thru 25:	2
Free White Persons - Males - 26 thru 44 :	2
Free White Persons - Males - 45 and over:	1
Free White Persons - Females - Under 10:	2
Free White Persons - Females - 45 and over :	1
Numbers of Slaves:	6
Number of Household Members Under 16:	2
Number of Household Members Over 25:	4
Number of Household Members:	14

Camilla would have been one of the daughters under 10. By 1820, a "Widow Torres" shows up in Salibury as head of household, with two young females in the house besides herself. 

Like alot of Carolina families, the Lilly's decided to pick up and move to Alabama, for reasons unknown. Either there or on the way, William Lilly passed away, because on July 7, 1835, his widow Camilla Caroline married his friend and fellow Montgomery Countian, James Allen. 

Name:	James Allen
Age:	35
Birth Year:	abt 1815
Birthplace:	North Carolina
Home in 1850:	Russell, Alabama
Gender:	Male
Family Number:	1025
Household Members:	Name Age James Allen 35 Caroline Allen 47 Ellen Allen 12 Robert Allen 6 Sarah Lilly 17

The 1850 census shows the family now in Russell County, Alabama with a daughter that Caroline had with William Lilly, Sarah. 

Caroline would have another son with James Allen after the census, James R. Allen and she would pass in 1851, possibly of childbirth. James Allen would marry a Mary Ann Key in Feb of  1852 and father 8 children with her. He would pass away in Gonzalez, Texas in 1868 at the age of 53. There were as many step-families and non-traditional families then as now, however, the reasons were mostly from early deaths then. 

But back to the legal case that started me on this journey. 

December Term 1852, Anson County, North Carolina

Oscar F. Dudley and wife and others vs John Winfield, Admin, & g. 

The share of an infant in proceeds of real estate sold for patician under a decree of a Court of Equity, descends to the heir upon the death of the person entitled, unless upon arrival of age, he elects to take it as personalty. But the annual interest of such share, goes to the next of kin.

The bill was filed by the Next of Kin of Thomas W. Lilly, deceased, against the defendant as guardian and afterwards administrator, of the said deceased, for account and settlement. ........

One item of charge was the proceeds of certian lands, that had been left to the deceased by his grandfather, and had been sold for partition while he was an infant, under a decree of the Court of Equity in Anson County, and the price thereof paid to the defendant as guardian. It was stated in the bill, and admitted in the answer, that the intestate lived three or four years after he became of age, but the defendant never settled his guardian accounts with him, nor paid over to him his estate or any part thereof. The reason assigned in the answer, of the defendants' having not done so, was that the intestate, "was a man of insane mind, and incapable of making a settlement", but this was stated in answer only and no testimony was offered to prove it. 

John Winfield claim that the proceeds of the sell of the land had been distributed among the heirs at law of Thomas W. Lilly, and that they were different from the next of kin. The ruling was against John Winfield and for Oscar F. Dudley and his wife. The judge did not take into account the state of Thomas W. Lilly's mind, or his abilities and said that the interest of the land since his death should go to the heirs-at-law and that his property "the interest that accrued during the infant's life in personalty, as the profits of the land during that time would have been."

I am not so interested in the case and results of the case, but very interested in the persons involved. 

Thomas W. Lilly only shows up in the census records at one point, in the Mortality Schedule of 1850.

Thomas Lilly
Gender:	Male
Place of Birth:	North Carolina
Estimated Birth Year:	abt 1824
Age:	26
Month of Death:	Oct
Cause of Death:	Fever
Census Year:	1850
Census Location:	(City, County, State) Anson, North Carolina
Line:	8
Archive Collection Number:	M1805

He died of fever in October of 1850. In the column for occupation, his states "None". 

What is very interesting are the few lines directly below Thomas Lilly's listing. 

"John Winfield's Jack, Age 3, Gender Male, Color, B, S (for slave), Occupation: Slave, Month of death, November, Disease or Cause of Death: Sore Throat; Days of Onset  7. 

John Winfield's Ben; Age 1, Gender: Male; Color, B, S, Occupation: Slave (a one year old can have an occupation?), Month of Death: November; Disease of Cause of Death: Sore Throat; Days of Onset 7. 

Again, under the heading John Winfield," Child, Female, color left blank meaning white, as Thomas's entry was also left blank. She also passed in November, disease was listed as 'unknown' and the onset was one day. 

It appears Johns household lost many members at one time. Thomas Lilly was 26 years old. He had suffered with a fever for 21 days before he died. The small children likely caught whatever he had, it possibly had a week or more incubation period and the two little boys died of sore throats, which may have been in the early stages of the disease. John's baby girl only lived a day. She must have been a newborn. 

The information comes together to form a likely scenario. Thomas W. Lilly was born the year before William Lilly married Miss Torres. Eliza may have had a difficult labor and it effected the brain of the child and Thomas was born mildly retarded, 'unable to attend to his own affairs'. William Lilly probably passed him on to John who had a wife and two sons by the time Thomas was born. John would have been his uncle and became his guardian. The grandfather who had left Thomas property was either John Lee in 1825 or Edward Winfield in 1836. Most likely John Lee, because at that time, they may not have realized there was anything wrong with the boy. 

But then the Question arises....who the heck was Oscar F. Dudley and how would he qualify as next of kin? 

I look back at the header of the lawsuit: Oscar F Dudley and Wife.... perhaps Dudley was not the heir at all, perhaps it was his wife. Looking back at William Lilly in 1820 and 1830, there was more than one child in the household. There was a girl.

A google search of Oscar F Dudley brings up an 1850 census of Coosa, Coosa, Alabama. 

308.  Spier         Willis       50 GA  farmer          1600
                    Julia Ann    42 GA
                    John         16 AL
                    Harris       11 AL
      Elliott       Samuel C.    35 SC  physician
      Dudley        Oscar F.     29 AL  teacher
                    Evelina      20 NC
                    Ella       1/12 AL

In house number 308, Oscar F. Dudley, aged 29, a teacher, is living with his wife Evelina, who was born in North Carolina, and a one month old daughter named Ella. They are boarding with a farm family along with a Doctor, Samuel C. Elliott. 

Tallapoosa County, Alabama, Marriages - Record Book 2. 1 ISAAC MORRIS and MARY B. SHARP, 1-20-1842, Oscar F. Dudley, bondsman, Wm. Cox,

In 1842 in Tallapoosa County, Alabama, he acted as bondsman for Isaac Morris and Mary B Sharp's marriage. A Peter Dudley is a Justice of the Peace there. Candidate for a possible relative?

Oscar F Dudley
Land Office:
Cahaba
Document Number:
40722
Total Acres:
40.1
Signature:
Yes
Canceled Document:
No
Issue Date:
2 Feb 1852
Mineral Rights Reserved:
No
Metes and Bounds:
No
Statutory Reference:
3 Stat. 566
Multiple Warantee Names:
No
Act or Treaty:
April 24, 1820
Multiple Patentee Names:
No
Entry Classification:
Sale-Cash Entries
Land Description:
1 NENW ST STEPHENS No 21N 13E 2

1852 was a big year for Mr. Dudley. In February he bought 40.1 acres of land. His deed to public lands states that he is Mr. Dudley of Bibb County. 

Name:
Oscar F Dudley
Issue Date:
2 Feb 1852
Acres:
40.1
Meridian:
St Stephens
State:
Alabama
County:
Chilton
Township:
21-N
Range:
13-E
Section:
2
Accession Number:
AL1930__.358
Metes and Bounds:
No
Land Office:
Cahaba
Canceled:
No
US Reservations:
No
Mineral Reservations:
No
Authority:
April 24, 1820: Sale-Cash Entry (3 Stat. 566)
Document Number:
40722


Bibb County, Alabama Courthouse
 
View original image

A search for Oscar F Dudley of Bibb County, Alabama on Family Search brought up a record of estate papers. The cover was a treasure trove of its own. 

Estate record of Oscar F Dudley

Bibb County   Dudely (sic) Oscar F 1857

O. F. Dudley Estate Papers

Evelina M. Dudley (widow)

Children

Ella Dudley

Sarah Dudley

Laura Dudley

Isabella Church Cemetery

Oscar F. Dudley

1820 - August 7, 1857

O. F. Dudley, Jr.

Son of O. F. and E. M. Dudley

15 Nov. 1857 - 25 Sept. 1885

Sarah G Dudley

13 Jan 1853 - 9 Aug 1857

Laura daughter of (illegible)

27 March 1855 - 22 April 1864

There was a reason I did not find Oscar F Dudley in the 1860 census. He did not make it. 

So he was a teacher. He bought land in 1852. He hauled his happy a-self to Anson County, NC, probably on a train, to sue John Winfield by December. But why?

He had probably married Evelina in 1849. The 1850 census noted that he was from Alabama and she was from North Carolina. They had 4 children in rapid sucession: Ella in 1850, Sarah in 1853, Laura in 1855 and Oscar arrived in 1857, 3 months posthumously. There might have been an illness in the family in 1857, daughter Sara died 2 days after her father. He was only 37.

But what about Evelina, and Ella was not in the cemetery either, what happened to them?

Oscar F Dudley was not in the Civil War, but he took an interest in politics. 

In Journal of the Congress of the Confederate States of America, 1861-1865. Volume III. February 1, 1904.  He was listed as a member of a committe that had been formed in Alabama prior to the war to discuss sucession. genealogybank.com

After the death of Oscar Dudley, it became a bit confusing, but ends up as a story of two brothers. 

I found a marriage license of familysearch.org: On May 30, 1861, J. M. McCary married E. Martha Dudley. 

I found information on J. M. Dudley in another ebook:

A Catalogue from 1834 to 1872 of the Professors, Other Instructors, and ...
 By Tulane University. School of Medicine

"Dr. Jarvis M. McCary, Class of 1858, died of wounds recieved in battle, at Atlanta, Georgia, July 22, 1864, leg amputated Pyaemia."

In the same book, under "Class of 1858, No. Graduated  68 ", 

is: "Jarvis M. McCary, Elyton, Alabama, Death 1864, Forsyth, Georgia, Wounded at P. A. C. S. at Atlanta, Georgia, Leg Amputated."

It is clear that Jarvis M McCary died in service in the Civil War and that Evalina was left widowed again. Jarvis was not the only member of his family to serve in the Civil War. His father and a few of his brothers did as well. His father made it back alive, and so did his brother Fletcher. It is at this point that some descendants seem to have gotten the two confused. 

The 1850 Bibb County, Alabama has this record: 

Name:
S D McCarry
Age:
49
Birth Year:
abt 1801
Birthplace:
South Carolina
Home in 1850:
E C River, Bibb, Alabama
Gender:
Male
Family Number:
908
Household Members:

Name
Age
S D McCarry
49
Elizabeth McCarry
39
James F McCarry
18
Jarvis M McCarry
16
Martha McCarry
13
Mary McCarry
11
Frances C McCarry
8
Thos R McCarry
5
Rufus S McCarry
0

 James F McCary and Jarvis M McCary were only two years apart in age.

1860 finds them in these censuses:

Name:
J F McCary
Location:
Bibb, Alabama
Enumeration Date:
18 Aug 1860
Schedule Type:
Agriculture
OS Page:
43
Line Number:
33

Just a few months later, he was picked up again working as an Overseer for for the Crittendon family in Lauderdale County, home of the Kernachans.

Name:
J F Mccarry
Age in 1860:
24
Birth Year:
abt 1836
Birthplace:
Alabama
Home in 1860:
District 1, Lauderdale, Alabama
Gender:
Male
Post Office:
Center Hill
Value of real estate:
View Image
Household Members:

Name
Age
T J Crittenden
39
Octava C Crittenden
36
Ildefons Crittenden
11
Prudence Ann Crittenden
9
Joshua Crittenden
7
Elisabeth Crittenden
5
Lilly Crittenden
2
Benjamen F Crittenden
13
William H Crittenden
10
Moses H Crittenden
9
Martin Carrey
18
J F Mccarry
24

His brother, Dr. J.M. McCary is to be found in Autauga County, residing at the residence of a blacksmith named Lewis Jones, his profession listed as Physician and a woman who name is nearly illegible living with him. It ends in "Line" at least. 

Name:
J M Mccary
Age in 1860:
26
Birth Year:
abt 1834
Birthplace:
Alabama
Home in 1860:
Kingston, Autauga, Alabama
Gender:
Male
Post Office:
Kingston
Value of real estate:
View Image
Household Members:

Name
Age
Lewis Jones
60
Eliza Jones
48
John M Jones
21
Samuel Jones
17
Susan Jones
12
David Jones
13
Elizabeth Jones
10
Mary Jones
5
B F Durden
26
J M Mccary
26
Hurhline Mccary
20

Fold3 carries very specific and divergent military records for the two brothers. 

Pg 1: J. M. McCary  Company E, 53 Alabama Partisan Rangers: Private 

Pg 2: Muster Roll: Oct. 31, 1862 Present

Pg 3: Enlisted: August 26, 1862 Independence, Alabama

By Captain Davis , Present, Bounty Due, Detailed as Physician

Pg 4 Montgomery, Alabama, Jan 15, 1863  Remarks:

       "  Recieved fifty dollars in full for my Bounty".

Pg 5: Muster roll dated June 15, 1863 Independence, Alabama

           Present

          Paid by Capt J. C. Dickerson Dec 31, 1863  Present

Pg 6 Register of Officers and Soldiers of the Confederate States who were killed in battle or who died of wounds or disease:

Jas. M. McCary  Co E 53 Regiment

When deceased: August 29, 1864

Hosp. Forsyth, GA

The Physcian in the family clearly died of wounds during the Civil War. 

The Record of his brother, however reads a little differently.

James F Mccarry
Side:
Confederate
Roll:
M598_91
Roll Title:
Selected Records of the War Department Relating to Confederate Prisoners of War, 1861-1865

There is a record of a James F McCary held as a prisoner of war in Tennesee on ancestry.com

The Fold3 records read thus:

Pg 1: James F McCary  Company H 44 Alabama Infantry

          note at bottom: see also James Edwards

Pg 2: James F. McCary, Pvt. Co H, 44

          enlisted: May 12, 1862 by F. M. Goode, Bibb County, Alabama

          Period: 3 years

          Remarks: Discharged by a substite, James Edwards

Pg 3 Muster roll June 1 - Oct 31, 1862 

         Present or Absent: Absent , Substituted by James Edwards

Pg 4 Nov & Dec 1862, Present or Absent: Absent and substitute James Edwards at home on 

         furlough Bibb Co. Alabama. 

Pg 5 Jany & Feb 1863 Remarks: Substituted by James Edwards and James Edwards absent without leave in Bibb County, Alabama.

Pg 6 April 1863. James Edwards is still AWOL

Pg 7 

I had discovered the trail of Evalina Dudley McCary, but not yet discovered her maiden name. I was hoping to find the death certificate of a child that would give that information, or some information from a descendant who knew. Then I found:

CSA Military Men of Central Alabama by

mv_wright@yahoo.com

McCary, James Fletcher December 05, 1831 May 31, 1864 Dudley, E. Martha CSA, Pvt, Co H, 44th Ala. Inf. Enlisted at Bibb Co by F.M. Goode May 12, 1862

McCary, Jarvis M. February 06, 1834 May 31, 1864 Unknown, Evaline N. 'Lilly' CSA, died of wounds in 1864

and their younger brother, Thomas, who died in an Old Soldiers home, single. 

McCary, Thomas R. 1847 January 1930 CSA, Pvt, Co B, 20th Ala. Inf. Enlisted Oct 10, 1863.

 At first glance, it would appear to be two separate wives, and I first thought that perhaps Martha Dudley might have been a sister to Oscar F. Dudley and that is how Evalina met Dr. McCary. More digging uncovered that fact that E. Martha Dudley and Evalina 'M' Lilly were one and the same. When she married Dr. Jarvis M. McCary, she was the widow Dudley. When she married his brother, her maiden name came to light. 

The dates of James Fletcher McCary's death were incorrect, however. He was again confused with his brother, they did not die on the same day. He did enlisted, but sent a substitute who went AWOL. In fact, there is no record that James Fletcher McCary served one day in battle at all, personally.

The following newspaper article mentions Mrs. J. Fletcher McCary. It was not referring to Evalina, however, but the son of Mr. Fletcher, Sr. and herself, Mattie Smith McCary:

The Roanoke Leader April 1911
NEWSPAPER ABSTRACTS FROM "THE ROANOKE LEADER",  Roanoke, Randolph County, 
Alabama for APRIL 1911

NEWSPAPER issue of Wednesday, April  5, 1911

MR. J.A.W. SMITH TAKES OWN LIFE;  Former Randolph County Man Shoots Himself in 
Birmingham, Ill Health the Cause - - - Birmingham, March 29th

John Anthony Winston Smith, a prominent lawyer in Birmingham, was found dying 
about 11:45 o'clock yesterday in the law office of Julius W. Davidson, third 
floor of the Woodward building, as the result of a bullet wound behind the 
right ear which it is supposed was self inflicted.  Death occurred at 1:10 p.m.

Mr. Smith was about 55 years of age and a widower and leaves a mother and one 
daughter in Birmingham.  He was a son of Governor W.H. Smith who was governor 
during the period from 1868 to 1870 and was himself at one time widely known 
in politics, having run for governor on the republican ticket in 1903.

His daughter is Mrs. Ida Fillanon of Birmingham.  His four sisters are Misses 
Annie and Lula Smith, Mrs. Mary West, Mrs. J. Fletcher McCary of Birmingham; a 
brother Wm. Smith his law partner survives, and a nephew Will West.

Mr. Smith was born in Wedowee and moved to Birmingham 19 years ago.  Mr. Smith 
had been in bad health for some time recently and his friends stated that this 
was the cause of the act.

It is through the sons of Evalina Lilly that we learn more of her families existence. 
McCary Homestead
From:

Notable Men of Alabama: Personal and Genealogical, Volume 2
 edited by Joel Campbell DuBose

"James H McCary , a merchant of Birmingham, and a most dillegent worker on behalf of the cities welfare, was born in Maplesville, Chilton County, Alabama, March 11, 1862 (this would have been during Evalina's marriage to the younger brother, Dr. Jarvis M. McCary, who died in 1864). his father Jarvis Fletcher McCary, was a native of that county and a merchant  (note: Jarvis's middle initial was 'M' and he was a physcian, not a merchant. Older brother James Fletcher McCary was a merchant. Here, the author has confused the two brothers.),. He was a member of the twentieth Alabama regiment, CSA and was wounded at the battle of Resaca, Georgia, and died in a hospital at Macon. He was the son of St. Clair D. McCary and wife Elizabeth (Atkinson). (Note: Actual records have the name as Sinclair David McCary), natives of South Carolina, who went to Chilton County during the 1820's and purchased land of the Indians. The great-grandfather was in the war of 1812. (note: Sinclair David McCary was born about 1800 in Edgecombe, South Carolina. He was the son of Richard Dudley McCary, born in 1763 in Amherst, Virginia and died April 28, 1858 in Isney, Choctaw, Alabama. He was a Revolutionary War Patriot and recieved a bounty land warrant.) Mr. McCary's mother was Evalina M. Lilly McCary. The education of Mr. McCary was in the common schools of his county, finishing his course at the Polytechnic Institute at Auburn, Alabama. On leaving school in 1883, he selected Birmingham, Alabama as his home, where he engaged in the business of merchandise broker.

The article goes on to record his accomplishments. As a wholesale grocer and produce dealer, proprietor of J H McCary and Co, President of the Board of Trade, Member of the Board of Police Commissioners, Director of the Building and Loan Association, organized the Birmingham National Bank and was the youngest bank director in the country at that time in 1888. He was a staunch democrat and a Methodist, as my family has been up until my grandfather, who passed in 1997, and many still are. J. H. McCary was president of the board of Elks, a Knight of Pythias, a member of the Ancient Order of  United Workman.  He was a Lieut. in the state militia and organizer of the Jefferson volunteers. He married a local girl, Frances Nabors in 1888 and had 4 children: William, James H. Jr, Helen and Carolyn. 

FROM ALABAMA DEPT ARCHIVES & HISTORY

BIBB COUNTY AL, MCCARY RICHARD, AGED 81, AND A RESIDENT OF BIBB COUNTY, PRIVATE, VIRGINIA CONTINENTAL LIND; ENROLLED ON JUNE 12, 1819, UNDER ACT OF CONGRESS OF MARCH 18, 1818, PAYMENT TO DATE FROM MAY 3, 1819, ANNUAL ALLOWANCE, $96; SUMS RECEIVED TO DATE OF PUBLICATION OF LIST, $1,497.31; TRANSFERRED FROM EDGEFIELD DISTRICT, S.C. FROM MARCH 4, 1827, 23rd CONGRESS, 1ST SESS, 1833-34. ALSO RESIDED IN WASHINGTON COUNTY.--PENSION BOOK, STATE BRANCH BANK, MOBILE.

  The above is the pension record of Richard Dudley McCary (and there is that name Dudley again, probably not a coincidence). The following book had almost the same history of James H. McCary, except that it was followed by a story on his grandfather. :

History of Alabama and Dictionary of Alabama Biography, Volume 4


By Thomas McAdory Owen, Mrs. Marie (Bankhead) Owen





 

Still insisting that his "great" grandfather was in the War of 1812, they nonetheless report on his grandfather "Richard McCary, soldier of the American Revolution, 81, and a resident of Bibb County, private Virginia Continental line, transferred from Edgefield District, South Carolina....

Then, there is this report: 

MCCARY, JAMES H. is a representative of the class of educated Alabamians of the new era. Born March, 1862, when the war between the States was in its earliest stages, his whole life has been spent under the social influences into which he has so largely entered to shape.





Mr. McCary is a native of Chilton County, Alabama, the son of James F. and E. M. McCary, nee Lily. After passing through the common schools he completed his studies in the Alabama Agricultural and Mechanical College at Auburn. For six years thereafter he was employed as clerk in the Hotel Jackson, at Blount Springs. In September, 18S3, he came to Birmingham, to engage as clerk in the Relay House. In 1884 he entered mercantile life in Birmingham as a grocer. In 1886 he formed a partnership with E. L. Higdon in the wholesale fruit and produce line. This business has been distinguished by rapid growth. The firm occupy a large and handsome building on Morris Avenue, the leading wholesale street, and perhaps the best in its line in the South. They do a large and increasing business along the trunk lines of railroads leading out of the city.

Mr. McCary is one of the directors of the Birmingham National Bank, owns valuable real estate in Birmingham, and blocks of many of the best local stocks in the market. He owns valuable agricultural lands in the Valley of the Mississippi, situated in the State of Mississippi. He is a Knight of Pythias, and a worker in the Methodist Episcopal Church Sunday school, of which church he is a member.   Source: Jefferson County and Birmingham, Alabama: Historical and Biographical, 1887, Author:  John Witherspoon Dubose. Submitted by C. Anthony

Being a big wheel in Birmingham, during the time period in which he was, it is easy to tell the clay that formed Mr. McCary. He was a Winfield and a Lilly, as well, after all. 

Link to the Descendants of Richard McCary. 

While older brother James H. McCary is making the news and joining every civic organization known to man, his younger brother, Jarvis Fletcher McCary is of a different vent. 

East Lake Land Owner is Killed Birmingham, Ala, May 13








Date: Wednesday, May 14, 1919  




Paper: Montgomery Advertiser (Montgomery, AL)








Birmingham, Alabama, May 13. 

J. Fletcher McCary, a prominent land owner and mineral water proprietor near East Lake, was shot and killed and Grover C. Parker, a dairyman, was fatally wounded this afternoon, when the men quarreled over some cows which had broken through the fence into McCary's pasture. 




And that was the jist of the article. 




 



In the Descendants of James T. Atkinson on Rootsweb.com, a listing of the McCary's mother's line is made:




Children of ELIZABETH ATCHISON and SINCLAIR MCCARY are: 


23.
i.
NANCY ELIZABETH3 MCCARY, b. September 06, 1829; d. March 08, 1917.
ii.
JAMES FLETCHER MCCARY, b. December 05, 1831, AL; d. May 31, 1864 (Source: Cemeteries of Chilton by Benjamin D. Roberts, page 311, McCary, J.F. 1831-12-5 1864-5-31.); m. E. MARTHA DUDLEY; b. April 21, 1838; d. July 20, 1862.


More About JAMES FLETCHER MCCARY:
Burial: Unknown, Isabella Methodist Church Cemetery, Chilton Co. AL
Military: May 12, 1862, CSA, Pvt, Co H, 44th Ala. Inf. Enlisted at Bibb Co by F.M. Goode May 12, 1862 (Source: Yours, Mine and Theirs, A listing of Civil War Soldiers connected with Chilton Co. AL by Ben Roberts w/ Nell Thomas, Betty Collins & John D. Glasscock, page 90.)
Occupation: 1861, Storekeeper and postmaster at Old Benson in 1861
Other-Begin: Aft. May 12, 1862, Discarged by substitute-James Edwards. (Source: Yours, Mine and Theirs, A listing of Civil War Soldiers connected with Chilton Co. AL by Ben Roberts w/ Nell Thomas, Betty Collins & John D. Glasscock, page 90.)
Other (2): Reference says he is buried at Mulberry Baptist Cemtery. (Source: Yours, Mine and Theirs, A listing of Civil War Soldiers connected with Chilton Co. AL by Ben Roberts w/ Nell Thomas, Betty Collins & John D. Glasscock, page 90.)



24.
iii.
JARVIS M. MCCARY, b. February 06, 1834, Chilton Co. AL; d. May 31, 1864, Macon, GA during Civil War.
iv.
MARTHA MCCARY, b. April 24, 1838, AL; d. July 20, 1862 (Source: Cemeteries of Chilton by Benjamin D. Roberts, page 311, McCary, Martha 1838-4-24 1852-7-20 Dau/S.D. and E. McCary. Sleep on dear Mattie. You shall flourish and bloom in a spring of cassia in eternal Day.).


More About MARTHA MCCARY:
Burial: Unknown, Isabella Methodist Church Cemetery, Chilton Co. AL
Census: 1860, Bibb Co. AL, Household #1264, age 21, domestic



25.
v.
MARY ANN MCCARY, b. 1839, AL; d. March 13, 1908.
vi.
FRANCES C. MCCARY, b. 1842; d. Unknown; m. RICHARD GARNER; d. Unknown.


More About FRANCES C. MCCARY:
Census: 1860, Bibb Co. AL, Household #1264, age 15


More About RICHARD GARNER:
Address (Facts Page): Their home in Bibb Co. AL was later known as the Luther LeCroy Place.

If you will notice, they do have James Fletcher McCary listed as a storekeep and postmater. However, they have E. Martha McCary listed as dying May 20, 1862. Then just a few lines down, they also have the Fletcher brothers sister, Martha "Mattie" McCary dying on the exact same date. Someone took the date off the tombstone for the single Mattie and assumed it was Evalina. However, when they went to research Mattie, they did not catch their mistake. 

Evalina Martha Lilly Dudley McCary did not die. Not yet. 

Although her son became a rather important fellow, Evalina and her other children virtually disapear for 20 years. With the exception of the marriage license in Bibb County, I can not find her in the 1870 census. She shows back up in 1880, however. 

E.M. Mccary
Age:
45
Birth Year:
abt 1835
Birthplace:
North Carolina
Home in 1880:
Beat 3, Sharkey, Mississippi
Race:
White
Gender:
Female
Relation to Head of House:
Mother
Marital Status:
Widowed
Father's Birthplace:
North Carolina
Mother's Birthplace:
North Carolina
Neighbors:
View others on page
Occupation:
Housekeeper

Cannot read/write:

Blind:

Deaf and dumb:

Otherwise disabled:

Idiotic or insane:



View Image

Household Members:

Name
Age
O.F. Dudley
22
E.M. Mccary
45
J.F. Mccary
15
E.A. Dudley
24
S.S. Baggett
67

Her older son, Oscar F. Dudley, Jr. is still alive and acting as the Head of Household. They are living in Sharkey County, Mississippi. This is perhaps where son James H. McCary has bought land that is mentioned in the above article. He is at school at this time and younger brother Jarvis Fletcher is still a teen. E. A. Dudley would be her firstborn daughter, Ella, who had not died yet. 

J H Mccary
Age:
38
Birth Date:
Mar 1862
Birthplace:
Alabama
Home in 1900:
Birmingham Ward 7, Jefferson, Alabama
[Jefferson] 
Race:
White
Gender:
Male
Relation to Head of House:
Head
Marital Status:
Married
Spouse's Name:
Francis Mccary
Marriage Year:
1889
Years Married:
11
Father's Birthplace:
Alabama
Mother's Name:
Evelyn Mccary
Mother's Birthplace:
North Carolina
Occupation:
View on Image
Neighbors:
View others on page
Household Members:

Name
Age
J H Mccary
38
Francis Mccary
32
William Mccary
10
Henry J Mccary
8
Helen Mccary
15
Evelyn Mccary
70
Ella W Mccary
32
Lizzie Bears
45
Beaula More






Jump ahead another 20 years and Evalina (Evelyn here) is living with James H. McCary and his wife and 3 children in Birmingham. Ella W McCary must be oldest daughter Ella, who was not a McCary, and her age is wrong as well. 

Evalina appears in several Birmingham City Directories. 

For instance, the 1914 Directory has the following McCary's listed:

McCary, 

Evelyn E (widow JF) 1217 S 20th

Helen 1217 S 20th ....daughter of James H. 

James H. (Fanny N) real estate 26 N. 19th, 1217 S 20th (note: Frances Nabors McCary)

James H. Jr slsman, J H McCary b 1217 S 20th (meaning he was working as a salesman for his father)

J. Fletcher (Mattie S. ) mfrs agent 1121 Empire Bldg h s S Kings Hwy 1 east of Vanderbuilt Road. 

J Fletcher Jr. slsmn J. F McCary  b J F McCary

Wm H student b J F McCary (this is William Henry McCary)

Wm N ins. b 1217 s 20th.

But a final record on Evalina states where she was born:

Evelena M McCarey
Birth Date:
abt 1829
Birth Place:
Fayetteville, N. C.
Death Date:
8 Nov 1912
Death Place:
Bessemer, Jefferson, Alabama
Death Age:
83
Race:
White
Marital Status:
Widowed
Gender:
Female
FHL Film Number:
1894094

Fayetteville. Eliza and William must have returned there after their marriage. 

As for Ella, she is in the 1896 City Directory for Birmingham,

Wednesday, September 3, 1902  
 

Paper: Montgomery Advertiser (Montgomery, AL) Miss Ella Dudley of Mobile is visiting Mrs. Charley Joseph. 

She was visiting Mrs. Joseph again in 1904 and helping give a few bridal showers and other items on the society pages. 

 So, Evalina had no apparent Dudley descendants, as Oscar Jr. died as a young man, and Ella apparently never married. 

So in summary, the descendants of Eliza M (Martha?) Winfield were:

Thomas W (Winfield?) Lilly b 1824 d 1850

Evalina Martha Lilly abt 1829 -1912

m Oscar F Dudley

children: Ella A. Dudly

               Sarah G Dudly

               Laura Dudley

               Oscar F Dudley, Jr. 

m Jarvis M McCary

    son James Henry McCary 

m James Fletcher McCary

    son Jarvis Fletcher McCary

James Henry McCary m Frances Nabors

          William Nabors McCary m Nell M Moore  son William Moore "Billy" McCary

           James Henry McCary Jr. m Edith Orr  son James Henry McCary III

           Helen McCary m Wiley Perry Ballard  sons Wiley P Ballard, Jr, McCary Ballard

           Carolyn M McCary    

Jarvis Fletcher McCary m Martha "Mattie" Simmons Smith

       children:

        Jarvis Fletcher McCary Jr. b 1893

        William Hugh McCary b 1894

In ending, the following is a sad post about Billy McCary, great-grandson of Evalina Lilly McCary, who was a Navy Musician and died during the sinking of the USS Arkansas. 

WILLIAM MOORE MCCARY - Birmingham, AL (MUSICIAN 2) WWII

Name:	MCCARY, WILLIAM MOORE
Service Branch:	NAVY
Rank:	MUSICIAN 2
Date of Death:	N A
Hostile:	Kia
Home of Record City/County:	Birmingham
Home of Record State:	Alabama
Conflict:William Moore McCary MCCARY, William M. MUS2c "Swede" Age 17, Shades Mountain, AL, http://www.ussarizona.org/	WWII Bandmaster: Fredrick W. Kinney, MUS1c  Frank Norman Floege "Flat-Foot Floogie" Oran Merrill Brabbzson "Buttercup" Ernest Hubert Whitson, Jr. "Ernie" Wayne Lynn Bandy "Buck" Neal Jason Radford "Brick" Jack Leo Scruggs "Scrooge"  Curtis Junior Haas "Curt" Gerald Clinton Cox "Jerry" Charles William White "Whitey" Emmett Isaac Lynch "Rusty" William Starks Morehouse "Killer" Clyde Richard Williams "Oklmugee" Ralph Warren Burdette "Chowhound" Robert Kar Shaw "Peepee" Bernard Thomas Hughes "Bee" William Moore McCary "Swede" Wendell Ray Hurley "Lady-Killer" James Harvey Sanderson "Sandy" Alexander Joseph Nadel "Alexander The Swooze"