Ann Eliza's will

When checking the internet for information about CTR’s mother, Ann Eliza Russell, there is conflicting information about her death in genealogical research sites. Some say she died in Pittsburgh and others that she died in Philadelphia.

What is not in dispute is that she was buried in the family plot in the Allegheny Cemetery on Sunday 27 January 1861 just two days after her passing on Friday 25 January. Also that her business was then based in Philadelphia.

The notice of death in the Pittsburgh Gazette for Saturday 26 January 1861 states that she died on the Friday afternoon at 2.30. The funeral would be from her brother’s home the next day, Sunday. While she could have died in Philadelphia, the note of the exact time of death in the newspaper suggests she died at her brother’s home. Although a continuous rail link from Philadelphia to Pittsburgh did now exist, the train part of the journey alone would have taken 13-15 hours. It all indicates that Joseph, Eliza and the children had no proper base in Pittsburgh at the time, and also suggests that her brother Thomas and his family helped care for her in her final days.

Supporting the idea that she spent her final days in Pittsburgh is her last will and testament. It was prepared on 18 December 1860.

The will states that she was “of Pittsburgh” and that her husband was now doing business as her agent in Philadelphia. While not conclusive on its own, it does suggest she was preparing the will in Pittsburgh and that Joseph was not with her on the day.

The wording of the will shows it was not written at home with neighbors called in as witnesses. This was professionally prepared by a law firm, and the contents and wording suggest that her brother, Thomas, may have been with her, since much of the document features his role as executor. She obviously knew she was seriously ill and the will was to put her affairs in order and make provision for Joseph and the children. Although the attorney who prepared the will is not named (which apparently was quite common) the two who signed as witnesses, Jas. R. Reed and Thos. N. Murray, are listed in Thurston’s Pittsburgh Directory for 1860-1861 as clerks. The inference is that James and Thomas were law clerks, working in the same office, and were simply called in to witness Ann’s signing. Again, this supports the location as Pittsburgh.

As noted above, in the will she is presented as the business owner, and Joseph is called her agent in Philadelphia. The point of the will was that she had assets in her own right, likely inherited. The main thrust of the document was to settle outstanding debts still hanging over them from their 1855 business failure. This would help Joseph back on his feet financially.

Below is a transcript of the complete text of the document as written, with original spelling and capitalization preserved as closely as possible.

I, Ann Eliza Russell of Pittsburgh Allegheny County Penn. wife of Joseph L. Russell, who is now doing business as my agent in the City of Philadelphia Do make and publish this my last Will and Testament.

1st I give and devise to my Brother Thomas Birney of the City of Pittsburgh, his heirs and assigns, in trust for the uses hereafter mentioned, All the lands owned by me in the state of Iowa, and County of Franklin, viz The North East Quarter of Section No Eight (8) in Township No Ninety One (91), North of Range No twenty (20) west of the Fifth principal Meridian containing One hundred and sixty acres or thereabouts. To sell the same at as early a date after my decease, as in his opinion a fair price can be realized therefor; and on receiving the proceeds thereof or within a reasonable time thereafter to appropriate the same as follows To wit:

2d To appropriate to his own use such amount as will be a reasonable compensation for his trouble and expense in effecting sale thereof and maki distribution, as also to the amount of One hundred and fifty dollars additional, for money at sundry times heretofore by him advanced to me or my husband.

3d The rest and residue of the Proceeds arising from sale of the land aforesaid to be appropriated to payment or pro rata discharge of the debts due by my said husband or owing by him at the time of his failure in the year AD 1855, so far as may be made known to him the said Thomas Birney or his heirs, within twelve months from effecting sale as aforesaid. And for the purposes aforesaid I hereby nominate and appoint the said Thomas Birney my sole Executor, with full power to sell, execute and deliver a Deed or deeds for said described land without the intervention of any Court or order therefrom.

In witness whereof I hereto set my hand and seal this 18th day of December Anno Domini 1860.

Ann Eliza Russell

      

Signed, sealed, published and declared by the said Testatrix as her last Will in our presence who at her request in her presence have hereunto signed our names as witnesses.

Jas. R Reed

Thos. N Murray

Sworn June 11 1861

 

It should be noted that the debts settled included money loaned by Thomas Birney in their time of need at the time of their 1855 disaster.

Joseph and the children came back to Pittsburgh to stay and build up a substantial dry goods business, both in Fifth Avenue, Pittsburgh, and Federal Street, Allegheny. CTR grew up and expanded the businesses. The rest as they say is history.