William Merrill {M} [P840] = Penelope Stout {F} [P925]

William Merrill:

Reference number: 1310
William Merrill had the land adjacent to Andrew, then his son Dan Merrill had it.
Wiliam Merrill, was extremely active, along with the other Merrills, in persecuting the pacifists and tories, and entering upon and taking away their lands. William was the first Coroner of Randolph County, in March 1779, when the County was organized. In March 1790, he was qualified as a Justice of the Peace in Randolph County. At the December 1781 Term of Court, the Estate of William Merrill was probated, and his son, Benjamin, named administrator, bonded by Edward Sharp and Thomas Dougan. This was the first session of the Court following Cornwallis' invasion of North Carolina and the Battle of Guilford Courthouse, 20 miles distance from the Uwharrie. Inasmuch as William Merrill was a Militia Captain, and both of the bondsmen for his Estate were field officers in NC Militia, historians have surmized that he was killed in Nc Militia, historians have surmised that he was killed either in guerrilla action or was among those nameless NC Militia killed at the Battle of Guilford Courthouse (March 1781)
Whatever, William Merrill is regarded as a patriot, descendants being certifiable for the DAR. Wiliam's
brother, Captain Benjamin Merrill, the Regulator Martyr, was hung drawn and quartered by Gov. Tryon in 1771.
Nothing was done on the Estate of William Merrill, dec'd through September 1782 when Randolph Court Minutes terminate, until Septemer 1787, when they resume. (The intervening sessions are apparently a lost book.) By then, Dan Merrill, who was a Veteran of the NC Continental Line, was living on his father's land adjoining that of Andrew Fouts. His brothers, John and Benjamin Merrill, were active in Randolph County affairs, and the three owned large quanities of the best land on the Uwharrie.
While William Merrill's Estate was probated in the December 1781 Term of Court, according to the Randolph County Deeds, the State of North Carolina issued a Grant of 200 acres to William Merrill on 23 October 1782 - the same day that Andrew Fouts received his first Grant. The land is described as "beginning at Pfouts & Stutsman's corner, counding Stutsman on the east". (Randolph Deeds: 1:8 A). It appears that the Entry had been made in Guilford County at an earlier date (c1778) and, the improvements having been met satisfactorily, the Grant was issued two months after Merrilll's death by the State of NC.
For those interested, there's a double DAR-SAR certification in this line.
Information from John Scott Davenport Newletter
William may have been married twice and wife name could be Mary Cornell per Mae Knight



Penelope Stout:

Reference number: 1397

Benjamin Merrill {M} [P4083]

Title: Capt.
Reference number: 5165
In 1793 Benjamin Merrill, administration of William Merrill's estate, is selling off his father's land and his mother signs with him.
4 October 1793 - Benjamin Merrill to Samuel Ledford, 200 acres on waters of Uarrie, beginning Fouts and Stootsman's corner, bounding north line of Stootsman.../s/ Benj. Merrilll, Penelope Merrill. Wit; joseph Wright, John "X" Ledford (Randolph Deeds 5:173) You can recognize this Deed as 200 acre Grant to Wiliam Merrill dated 23 October 1782.
14 October 1793 - Benjamin Merrill to Samuel Ledford, 100 acres on Wharie waters, bounding on William Merrill and Pfouts... /s/ Benj. Merrill, Penelope Merrill. Wit: Joseph Wright * John "X" Ledford. (Randolph Deeds 5:174)
Capt. Benjamin Merrill, was hung and quartered by Governor Tryon in the Regulator Affair.

Daniel Merrill {M} [P9033]

Reference number: 10865

Rachel Merrill {F} [P829] = Andrew , Sr. Pfautz^{1 2} {M} [P828] > Family [F664]

Married ABT 1771, Guilford (now Randolph) CO, NC USA³

Rachel Merrill:

Born ABT 1758, Jersey settlement of Rowan CO, NC USA
Died ABT 1834, Tabernacle Twp, Randolph CO, NC USA
Reference number: 1299
Rachel was living when Andrew's will was probated in 1834
Rachel was the niece of Capt. Benjamin Merrill, who was hung, drawn and quartered by Governor Tryon in The Regulator Affair.
Compiler Janet K. Pease, 2509 5th St. Moline, IL 61265


Andrew , Sr. Pfautz:

Born Friday 9 March 1750, On farm called "Clear Meadows" on Great Bear Branch of Great⁴
Died September 1834, Tabernacle Twp, Randolph CO, NC USA⁵
Baptism Date: 12 JUN 1751
Baptism Place: Conewago (Christ) Church, near Littlestown, York, PA
Religion:
Religion Place: Baptist
Reference number: 1298
This is the line of Janet K. Pearse, Arvada, Colorado and Audrey L. Woodruff of Independence, MO, Andrew did leave a will.
Information on this family from "5 generations of the Pfautz-Fouts Family by Audrey Woodruff, C.G.R.S., 1987. Information from Sue Page,
The Fouts Family is of German Descent and it is believed was first represented in America by the grandfather of Andrew, Jacob Pfoutz.
Birth date agrees with Andrew's birth recorded in the Pfautz family "Bible" page owned by Norman G. Fouts of Southfield, MI
Standing as sponsors were Jacob and Magdalena Pfautz (grandparents). The baptism is recorded
Andrew was the third child of Michael Fouts, Sr. and Catherine Varner. He was born on a farm called "Clear Meadows", lying on the Great Bear branch of Great Pipe Creek of Frederick (now Carroll) County, along the Maryland/Pennsylvania border.
Andrew is the only bona fide Patriot, DAR-type, in this family. Andrew took the oath of allegiance to the state of North Carolina, was among the first in Randolph Co. to receive a land grant. His father-in-law, William Merrill, was a Militia Captain, Justice of the Peace, and fatality of the Revolution. There are several documents in the NC Archives, Randolph Co, files, which indicate that Andrew and the Merrill's cross-bonded each other on occasions.
In regards to Andrew's childhood, his father Michael Pfautz sold his land along the Maryland/Pennsylvania border in 1762, as did his kinsman David (Dewald) and several other related families of Hoover, Mast, Waymire & Yount, and journeyed a distance of about 400 miles, as the crow files, and formed a Dutch Settlement on the waters of the Uwharrie in Rowan Co., NC, where they all obtained deeds on 17 February 1763.
At the time of the exodus, Andrew was about 12 years of age and, no doubt, enjoyed the adventuresome journey, camping out and traveling slowly through the wilderness country with his numerous cousins. It was a "never-to-be-forgotten" experience for the children - and perhaps we should add - for the women in the company. Andrew's mother had 7 children at the time between the of ages of 16 years and 18 months. After reaching the "promised land" they lived under extremely primitive conditions.
Andrew married Rachel Merrill about 1771. The marriage would have taken place within the bounds of Guilford County, where a great majority of these marriage bonds have been lost. This is a matter if inference -- not documentation --but the evidence is quite strong.
When the Revolutionary war broke out (1775) every male 16 years of age or older, took his position in the conflict. The "Patriots" willingly signed the Oath of Allegiance to the State of North Carolina, assuming all of the responsibilities that were expected of them - serve in the militia, agree to bear arms and pay taxed for the support of the war effort. The Dutch Settlements comprised for the most part of Mennonites, Dunkers and Quakers, took the position of Christian "Pacifists", remaining neutral and refusing to take the Oath. They knew Full well that while their refusal was of a religious nature, it would mean the loss of their Civil Liberties for the duration of the war, among these, the right to purchase land.
David, Michael and all of their sons were staunch pacifists, with the exception of Andrew - the only Fouts in North Carolina, who by documented behavior, actively aided the Revolution. How does one account for this?
The Merrill's known as "fire brands", were among the most stalwart patriots of the Revolution and, no doubt, Andrew was greatly influenced by his in-laws. If he was to remain in the good graces of the Merrill family he could no remain neutral, but join them in the cause of liberty. His religion appear to be no barrier since he was a Baptist, as were the Merrills.
To further the Fouts/Merrill marriage by inference, Andrew's youngest daughter was named Penelope, definitely a Merrill family name. Those researching the Merrill family are in agreement with this marriage and the conjuncture that William Merrill's wife was named Penelope. Some time later when Andrew made his will he appointed Zaza (Zachariah) Merrill, son of Dan, the executor of his Estate, although his son Andrew, Jr. was living in the area. Still later, one of Andrew's grandsons (son of David) in Washington Co., IN, bore the name of Merrill Fouts. In the Deeds and County Court records there are many instances where Andrew and his immediate family cross-bonded with the Merrills"s.
When the Revolutionary war began, Andrew was 24 years of age, married with two or more children. The first land Entry in the Uwharrie issued to Andrew is as follows:
19 Nov 1778 - Andrew Fouts, File No. 30, Entry No. 621, Guilford Cty., 200 acres on waters of the Uhary, beginning at Stutsman's corner, bounding Stutsman on the south. (Guilford Co. Book 49, page 174)
27 October 1782 - State of North Carolina to Andrew Fouts, Grant No. 29: 200 acres on waters of the Uhary, beginning at Stutsman's corner, bounding Stutsman on the south. Chain carriers on Survey:
John Merrill & Elisha Allen (both established patriots) (Randolph Co. Deed Book 1:16B.
The fact that Andrew made this Entry and received his Grant, while the war was in progress, supports the contention that Andrew took the Oath of Allegiance.
To understand the geographical layout, Andrew's land bounded the Randolph-Rowan (now Davidson) line in Randolph Co., on both sides of the Rich Fork of the Uwharrie, Arthur Parr and James Morgan held land bounding the same line, but on the Rowan (now Davidson) side. Some land that Andrew, Sr. held in Rowan Co., (now Davidson) and later gave to his sons, David and Andrew, was located between Morgan's and Parr's. The Merrill's owned the land bounding Andrew on the North. Andrew retained this original grant throughout his lifetime and, while he bought and sold property, this was his homestead. In March 1779 Randolph County was formed out of the south end of Guilford and the name of Andrew Fouts appears in the 1779 tax list.
Over the years, beginning in 1780's, the Dutch left the Uwharried, scattering throughout Ohio, Indiana, Illinois, Kentucky, Missouri and some in distant states, while Andrew alone remained. He owned some of the best farm land in the "Rich Lands of Uwhary"; and what Andrew didn't have of those lands, the Merrill's had.
All of the children of Andrew and Rachel married within their community - the Osborn's, Morgan's, Allen's, Merrill's and John Fouts, Sr. ( a cousin), all lived within a three mile radius of Andrew Sr's. plantation. This was essentially a Baptist neighborhood. The Merrill's were strong Regular Baptists who helped found the Jersey Settlement on the north side of the Yadkin in Rowan (now Davidson) County in the mid-1750's.
From the Randolph County Deeds we know that Andrew continued to buy and sell land, and in some instances, from the German Steelers as they made plans to leave Uwharrie. Andrew sold (or gave) land to all of his sons-in-law and sons, with the exception of William and Noah, who may have preferred a case settlement.
Of all the Fouts in Randolph Co., Andrew was the only one who served on grand and petit juries virtually from the beginning of the County, and remained involved with the Randolph County Court for fifty years -- hence, he is frequently found on jury lists and being given court commissions--
May Term 1811 - order that Andrew Fouts (naming 13 others and Dan Merrill) to lay off a road - from Hoover's Mill to Park's Mill - Andrew appointed overseer.
May Term 1813 - Ordered that John Fouts (of John Sr.)...Andrew Fouts (Jr.)...Dan Merrill...Jacob Varner...Andrew Fouts, Sr...to view and extend the new road from Jacob Varner's to the Cucumber Road at the County line..
November Term 1818 - Andrew Fouts, Sr. and Andrew Fouts, Jr. both qualified as petit jurors for term of court.
Term 1821 - Andrew Fouts, Sr., 70 years old in 1821, was excused from further court calls.

November Term 1834

Last Will and Testament of Andrew Fouts Senior

STATE OF NORTH CAROLINA
RANDOLPH COUNTY

Be it remembered that I Andrew Fouts Senior of the County and State aforesaid being of perfect mind and memory do hereby make and ordain this my Last Will and Testament in manner and form following to (viz)
First all of my just debs are to be paid out of my personally property fifty 2 Dollars
I give and bequeath to my wife Rachel Fouts in notes that is due to me all the actual cash that I may die proposed of
To my daughter Mary Osborn I give the sum of five Dollars
To my Son William Fouts I give the sum of five Dollars
I give the sum of five dollars to the Children of my Daughter Susana Morgan.
I give the sum of five dollars to my Daughter Catherine Allen
I give the sum of five Dollars to my Son David Fouts
To my son Andrew Fouts I give the sum of five Dollars
To my Son Noah Fouts I give the sum of five Dollars
And all the balance of my Estate both real and Personal I give to my Daughter Pennelope Fouts
And I do hereby constitute and appoint my friend ZaZa C. Merrill Executor of this my Last Will by me made
In Witness whereof I have hereunto set my hand and Seal this 11 day of April 1834. In presence of
his
Andrew X Fouts Senior (SEAL) Wm Bishop mark
his
Andrew X Fouts Jr.
mark
COURT OF PLEAS & QUARTER SESSION NOVEMBER TERM 1834
Randolph County Wills, Book 6:398)
Andrew, Sr. left all of his real and personal property to his unmarried daughter, Penelope, in order to guarantee her, and his wife Rachel, a home so long as they lived. In the 1840 Census of Randolph County, NC we find pg 111 Nelly Fouts 1 female 40-50.
Zaza C. Merrill apparently was a nephew.
In the November 1850 Term of Court, three of the heirs then living in Polk Cty, Missouri (William H. Goldsberry, Phillip Copple and Michael Fouts) granted unto Julius T. Goldsberry the Power-of-Attorney to act for and dispose of the assets to their benefit. (Will Book 28:264).
The family of 8 children is based on Andrew's Will written in 1834; also, the 1790 Census of Randolph County. There is proof of birth dates of two of the children - David born in April 1780 and Noah in August 1785. Working backward allowing two years per child, the first born would be in 1772 and the marriage c1771 in Guilford County, NC
Census of 1800, pg 210, must be this Andrew.
For further information on this family refer to Audrey Woodruff's "5 generations of Pfautz-Fouts Family"
According to Fouts Newsletter, No 11, pg 5, in 1850 Henry Fouts, younger son of Andrew Sr, still held land in Randolph Co, NC. He and David a son of Andrew Jr. were the only Fouts remaining in the land by the Uwharrie. Henry's land went shortly thereafter to debt.

1 : "1747-1781, near Littlestown, YorkCo., PA"; Page 1747-1781, near Littlestown, York, PA
2 : "Birth Source : Norman G. Fouts Bible Records"
Birth Source : Norman G. Fouts Bible Records shows birth as 5 April 1751, 5 Generations of Pfautz-Foutz Family
2a: "census"
census. 1800 Randolph Co, NC, pg 210, is probably this Andrew.
3 : "MARRIAGE SOURCE"
MARRIAGE SOURCE. 5 Generatons
4 : "Birth Source:"
Birth Source:. 5 Generations and Bible in possession of Norman Fouts
5 : "Will"; Page dated 11 April 1834, was proved in November 1834 Term of Cou