Name: Ellen Metcalfe
Given Name: Ellen
Birth: 8 Jan 1854 in , Jackson Co., Oregon
Death: 23 Jun 1930 in Fossil, Wheeler Co., Oregon
Burial: 26 Jun 1930 Walla Walla, Walla Walla Co., Washington
! (1) Richard C. Metcalfe. E-mail firstname.lastname@example.org (2010). Cites: (a) Wesley Engelman. (b) "Identity of Heirs of Late Col. R.B. Metcalfe Revealed in Suit Here," "The Lexington Leader," 4 May 1906. (c) Metcalfe vs. Heidtmann, Fayette Co., KY Circuit Court 1906.
Change Date: 16 Apr 2011 at 01:00:00
(2) Henry F. C. Heidtmann letter dated 14 Jan 1910, Fossil, OR, to James K. Metcalfe, Silver City, NM, posing a series of questions in the form of an affadavit, with handwritten answers and attached letter from Mollie Metcalfe to Henry F. C. Heidtman. Original in possession of Richard C. Metcalfe (2008).
(3) Death Certificate, Wheeler Co., OR, Oregeon State Board of Health, State Register No. 13. Informant (Marilee?) McCullough.
(4) Obituary, "Mrs. Ellen Gilliam Dies, Native Oregonian and Early Settler of Wheeler County," "Fossil Journal," Fossil, OR, 27 Jun 1930.
(5) Letter from James Keith Metcalfe to his niece Winifred Metcalfe Heidtmann, dtd Silver City, NM, 26 Sep 1886.
(6) Obituary of Winifred Heidtman-Johnson, "Fossil Journal," Fossil, OR, 19 Jul 1929.
! Birth: (1,3) d/o Robert Baylor METCALFE/Kitty APPLEGATE. (4) Robert B. METCALFE. (1,3,4) 8 Jan 1854. (3,4) Rogue River, OR. (4) Jackson Co., OR.
Marriage to Robert Alexander GILLIAM Jr.: (1c,3,4) (1) 14 May 1884. Crook Co., OR.
Death: (1,3,4) 23 Jun 1930. (4) Monday. (3,4) Fossil, Wheeler Co., OR. (4) At her home. (3) From mitral regurgitation, due to old age.
Burial: (3,4) 26 Jun 1930. (3) Walla, WA. (4) Walla Walla, WA. Funeral Wed., 25 Jun 1930, Methodist Episcopal Church, Fossil, OR. Rev. George R. ELLIS, pastor, officiating.
(1) Robert Baylor METCALFE decided to return to TX and made arrangements to place his daughters, separately, with 3 families in OR. Each family received $1000 in gold to care for his daughters. His brother James said he believed that the daughters were taken without Kitty's consent, and she had died shortly thereafter.
(4) ca. 1875: Moved to the vicinity of Fossil, Wheeler Co., OR.
(4) 1884: Came to Twickenham Co., OR when 21 years of age.
(5) 1886, 26 Sep: James K. METCALFE wrote a letter, dtd Silver City, NM, to his niece Winifred HEIDTMANN, addressed to Fossil Post Office, OR. "I have at last got the photographs for you, Ellen and Mary. I send them all to you, you can send Ellen hers and Mr. ROGERS can send for his. I would send each to its proper office, but I have no boards to pack them in, and live twenty miles from town. You must be sure to send Ellen hers. Has she gotten well of the tumor in her side? I truly hope she has."
(4) ca. 1900: Lived at Fossil, OR for 30 years before her death. "For many years Mr. and Mrs. Robert GILLIAM lived on Service Creek."
(1c) 1906, Apr: Vienna B. METCALFE, Maude M. JAMES, and John G. JAMES, her husband, Sue M. RAILEY and E. B. RAILEY, her husband, and Robert B. METCALFE, vs. Winnie HEIDTMAN and H. F. C. HEIDTMAN, her husband and Ellen GILLIAM and R. A. GILLIAM, her husband, suit in Fayette Co., KY Circuit Court, stating that R. B. METCALFE died intestate and a resident of Fayette Co., KY, Dec 1905; the said decedent left surviving him his widow, Vienna B. METCALFE, and Maude M. JAMES, Sue M. RAILEY and Robert M. METCALFE, his only children and heirs at law; that John G. JAMES is the husband of Maude M. JAMES, and that E. B. RAILEY is the husband of Sue M. RAILEY, and Robert B. METCALFE is unmarried. Said plaintiffs state that R. B. METCALFE owned at the time of his death a tract of land in Fayette Co., KY, containing about 300 acres, described as all that tract of land on the West side of the Harrodsburg Turnpike Road about 2 miles from the City of Lexington, KY, and bounded on the east by said road, which separates the said property from the property of C. E. RAILEY, on the north by the (?) of Sam MOORE and the FRAZIER heirs, on the west by the lands of Harry ENGMAN and H.P. HEADLEY and on the south by the lands of H.P. HEADLEY, and being the same property conveyed to R. B. METCALFE by D.D. BELL and wife by deed 16 Apr 1883 and recorded Fayette Co., Deed Bk 66, p.366. The plaintiffs state that upon the death of said R.B. METCALFE said property passed to and vested in his widow, Vienna B. METCALFE and in his children, Maud M. JAMES, Sue M. RAILEY and Robert B. METCALFE; that said Vienna B. METCALFE owned a life estate in an undivided one-third of said property and that siad Maude M. JAMES, Sue M. RAILEY and Robert B. METCALFE owne in fee simple (??) two-thirds interest in said property and own the remaining one-third interest in fee simple, subject, however, to the life estate of said Vienna B.METCALFE therein. Said plaintiffs state they have both the legal title to and full possession of said property, that the defendants, Winnie HEIDTMAN and H. F. C. HEIDTMAN, her husband of Wheeler Co., OR, and Ellen GILLIAM and R. A. GILLIAM, her husband of Wheeler Co., OR, are claiming an interest in said land as heirs at law of said R. B. METCALFE, deceased, that said Winnie HEIDTMAN and Ellen GILLIAM claim to be the only children of said decedent by their mother, long since deceased, an alleged wife of said METCALFE. Said plaintiffs state that said defendants are not children of or heirs at law of said R. B.METCALFE, nor have the defendants nor has any one of them any interest whatever in said property. Said plaintiffs state that said defendants by reason of said alleged claims have cast a cloud upon the title of these plaintiffs to said land, wherefore the plaintiffs pray that their title to said propety be quieted, the said defendants be required to assert any interest in said property that they may have; that if it be adjudged by this court6 that said defendants have no interest whatever in said property, that they be perpetually enjoined from asserting any interest in said property, and they pray for their costs herein and for all proper relief. Winnie HEIDTMAN and Henry F. C. HEIDTMAN her husband, Ellen GILLIAM and R. A. GILLIAM her husband of Fossil, Wheeler Co., OR, gave power of attorney to the firm of Thornton and Kerr, attorneys at law of Lexington, KY, notarized at Wheeler Co., OR, 16 Apr 1906.
(1b) 1906, 4 May: "The Lexington Leader" stated, "In a petition filed Friday in the Circuit Court here the identity ofthe Western heirs, who are claiming a share of the estate left by the late Colonel R.B. METCALFE, proprietor of Woodlawn Stock Farm, valued at nearly $100,000, is for the first time made public. These alleged heirs are Mrs. Winnie HEIDTMAN and H.F.C. HEIDTMAN, her husband; Mrs. Ellen GILLIAM and R.A. GILLIAM, her husband, residents of Wheeler, Oregon. Mrs. HEIDTMAN and Mrs. GILLIAM claim to be the children of a former wife of Colonel METCALFE, long since deceased, and as such have set up a claim to part of the estate left by Colonel METCALFE. The petition, which was filed Friday by Attorneys J.D. and George R. HUNT of this city, representing the Fayette county heirs, Mrs. Vienna METCALFE, widow of the deceased; Maude M. JAMES and her husband, John G. JAMES; Sue M. RAILEY and her husband E.B. RAILEY, and Robert B. METCALFE Jr., asks for a perpetual injunction against these Westernheirs. The petition recites that the said Winnie HEIDTMAN and Ellen GILLIAN claim to be children of Col. METCALFE, by a former wife, now deceased, and together with their husbands, are claiming an interest in the property left by the deceased, consisting of a 300 acre farm in Fayette county, Ky, near Lexington, and that the defendants by reasonof these alleged claims have cast a cloud upon the title of the plaintiff to said property. The petitioners deny the claim of the defendant heirs and pray that their title to said property be quieted; that said defendants be required to assert any interest in said property that they may have, if any; that it be adjudged by the court that said defendants have no interest whatsoever in said property; and that they be perpetually enjoined from asserting any interest in the said property. It is known that these Western heirs have employed legal counsel and will make a stubborn for a share of the property."
(1c) 1906: The Fayette Co., KY Circuit Court ordered that the defendants Winnie HEIDTMAN, H. F. C. HEIDTMAN, Ellen GILLIAM and R. A. GILLIAM her husband have no interest whatever in the property and perpetually enjoined all persons claiming through them from asserting any interest whatever in said property or part thereof.
(2) 1910, 14 Jan: Henry D. C. HEIDTMANN, Fossil, OR, wrote to James K. METCALFE, Silver City, NM, "Dear Uncle. Kindly answer following questions, if memory will permit you, and you feel disposed to do so, for your nieces Ellen, Winnie and Mary, daughter of R.B. METCALFE deceased." "Q: Was the Rogue River country the native country of the Shasta Indian Tribe? A: Lived on both Rogue and Klamath Rivers. Q: Were the Shasta Indians living on a Reservation at Rogue River, when you met your brother and family at Jackson Creek: A: No. Q: Was Jackson Creek included in the Reserve? A: No. Q: What was the name of the Reserve? A: Table Rock, I think. ... Q: Was your brother living on the place with his family at the time the place was taken? A: He always called it his home, but lived there only part of the time - part of the time he was mining. ... Q: What was your brothers occupation when you met him living with his family on Jackson Creek, when the children Ellen and Winnie were 4 and 2 years old? A: Mining on Jackson Creek. Q: Was Chief APPLEGATE alive at that time? A: Yes, I knew him well. Q: Were the children's mother Kitty and a sister, the only children the Chief had? A: I think they were his grandchildren. Q: Was Chief APPLEGATE's wife alive at that time? A: [He?] had three wives alive. Q: Was you with your brother and family when the Shasta Tribe was moved to the Siletz Reserve? A: Yes, he was in command of the soldier. ... Q: After arriving at the Siletz Reserve, did your brother live with his family on the Reserve until he left for Kentucky? A: Yes, but he went to Texas. Q: While with your brother, did he mention to you how long he had lived with Kitty APPLEGATE, that he considered her his wife, and that the children were his children? A: He spoke of the children as his, but he did not consider Kitty his wife, and I do not know how long he had been living with her. Q: Did the mother of the children die at the Siletz Reserve while you were there, or did she die after you and brother had left there? A: Afterwards. ... Q: Do you remember any other incidents, the happenings of which would refer to the family live of your brother Robert B. METCALFE? A: My mother gave the families who took the girls to bring up $1000 in gold. I think the children were taken without Kitty's consent."
(6) 1929, Jul: Was living in Fossil, OR.
(3) 1930, Jun: At time of death was widowed, housekeeper, living in Fossil, OR. (4) A resident of the vicinity of Fossil, OR for 55 years. Lived at Fossil for the last 30 years. Survived by daughters Mrs. Mattie McCULLOUGH of Fossill and Mrs. Elsie LEWIS of Portland, 6 grandchildren.
Father: Robert Baylor Metcalfe b: 12 Jul 1825 in , Wayne Co., Kentucky
Mother: Kitty Applegate b: in ,, Oregon
Robert Alexander Gilliam Jr. b: 15 Jul 1853 in Dallas, Polk Co., Oregon
14 May 1884
in , Crook Co., Oregon