Anderson "Cash Up" Lewellen

Jean Brand - Jul 12, 2009

Anderson was a Justice of the Peace in Scott Co., TN. Scott County records show that he performed the Wedding ceremony for his father, John and Emily Reed McDonald. He also married his brother, Andrew and Barbara Ann Belvens and another brother, Campbell and Millie Ann Young.

(Huntsville Court House
Scott County, Tennessee
17 May, 1878

A. S. Lewallen produced to the Court together with the scalp, the affidavit of Abslom Slaven that he killed a wild cat running wild in the County of Scott for which he is entitled to the sum of one dollar. July 12, 1869

A. S. Lewallen produced in open court the affidavit and scalp, of John Smith that he killed a wild cat in the County of Scott and he is entitled to one dollar out of the state treasure for the same.   April 17, 1869
Anderson S. "Cash Up" Lewellen's news paper article

A. S. Lewellen, age 77 died suddenly at the home of his son E. B. Lewellen on North First street yesterday evening at 6:30 o'clock.   Mr. Lewellen had lived in or near Temple for a number of years. He is survived by a number of sons and daughters. His home has recently been on his farm about two and a half miles east of Temple. At this time the funeral arrangements have not been completed.

Owing to the fact that the deceased was said to have received a violent blow or blows on Sunday, February 18, (1912), before going to the home of E. B. Lewellen, it was thought best to have an examination made to ascertain if death was due to natural causes or from a result of the said blows. District Attorney John L. Ward, who was summoned from Belton, and Justice Hugh Smith, directed that an autopsy be held, and same was made by Drs. Hartman and Gober at the W. M. Taylor undertaking rooms last night. The physicians announced after a thorough examination that they found that death was due to natural causes.

Letter from Balzada to Sherman Lewellen

Temple, Texas February 27, 1912
Mr. S. Lewellen
Dear Brother
I will try and write you a few words. Sherman, E. B. wants you to come if it is so you can. Papa was at E. Bs he died sitting in his chair. Papa and Columbus had a racket February 18th, we will send you the clippings of the paper. Sherman it was Columbus who gave him the blows and E. B. wants you to come he said if you did not have the money to wire him (E. B. and he would send you the amount you want by wire. Come if you can if you have to get a sleeper. Papa made his will Saturday E. B. and John are the administrators. Well I will close wire E. B. if you can come or not.

Your loving sister
Balzada Anderson)

Anderson and Nancy Lewellen left Tennessee and Scott County about 1873 and came to Texas by wagon train. They came with other family members including his father and stepmother, John and Emily, six of Emily's children, their two daughters, Tennessee and Texas, and five of John's and Delilah's children, Isaac, Andrew, Columbus Scott, Elizabeth (married Lehut McDonald), and Lucinda (married Calvin Bell) and their families. They settled around Temple (Bell County), Texas.

Anderson's nickname was "Cash-Up". Times were hard the first few years for him and his family. If he worked for anyone or sold something he wanted his money immediately so the nickname "Cash-Up".

Anderson had a cripple leg, his mother told that during the Civil War "They" came to get him to go serve and he wouldnot go, so "They" shot him in the leg.

                                 Last Will and Testament of Anderson S. Lewellen
                                                       Feb 24, 1912

The State of Texas ( )
County of Bell         ( ) Know all men by these presents; That I, A. S. Lewellen, of the County of Bell, and State of Texas, being of sound and disposing mind and memory, do make, declare and publish, this my last Will and Testament, hereby revolking all other Wills at any time heretofore made by me.

1. I direct that my executors, hereinafter named, shall as soon after my death as practicable, pay all my just debts, including expenses of my last illness and funeral.

II. I give, devise and bequeath the remainder and residue of my estate, real and personal, and mixed, wheresoever situated, of which I may be seized or possessed, and which I may be entitled at my death, to my eleven children, t-wit: Columbus Lewellen, James Lewellen, Nancy Almira Lewallen, wife of Tom Lewallen, John R. Lewellen, Campbell C. Lewellen, Sherman Lewellen, Effie Arlena Vaughn, wife of Willis Vaughn, Sarah Balsouria Webb, wife of Will Webb, Ebenezer Lewellen, Balsada Anderson, wife of   Bob Anderson, and Grant Lewellen, to be divided equally between my said children that is to say: share and share alike.

III. Whereas, during my life time, I have advanced to my son Columbus Lewellen the sum of Eighteen Hundred and Fifty ($1850.00) Dollars; to my son James Lewellen, the sum of Two Hundred and Fifty ($250.00) Dollars, to my daughter Effie Arlena Vaughn the sum of Eight Hundred ($800.00) Dollars, and to my son Grant Lewellen, the sum of One Hundred and Seventy-five ($175.00), it is my will and I so direct, that said sums advanced to my said four children, shall be deducted as advancement from the porpections of my estate hereby devised and bequeathed to them, my said four children respection that is to say; that unless my children shall return to me said sums of money before my death, then said sums of money shall be deducted from their portions of my said estate, and said sums are now declared to have been advancements made by me to my said four children above named. And i further direct that if at any time before my   death, I shall make advancements to any of my children, then said advancement shall be deducted from the portion of my estate hereby willed to the children to whom said advancements
may be made.

IV. In the event that any of my said children shall oppose the probating of this Will, or in any manner concest the same in the Courts, or shall institute a suit in the Courts, having for its purpose the judical partition of my estate, then the child or children opposing the probating of this Will, or contesting the same, or instituting said suit for partition, shall not receive the bequests and legacies herein named to them, but the part of my estate which he, she, or shall abide by and accept the terms of this Will, to be divided among them equally, share and share alike.

V. I nominate, constitute and appoint my sons, John R. Lewellen, and Ebenezer Lewellen, joint executors of this my last Will and Testament, and direct that no bond or security shall be required of them or either of them as executors, and that no proceedings shall be had in any court in reference to my estate, other than to probate this Will and file an inventory, an appraisement and list of claims, as is required by law. And I hereby authorize and empower my said executors, jointly, to convey and sell all or any part of my estate, real and personal, of which I may die seized or possessed, at public or private sale, at such time, and on such terms and conditions as they shall deem best; and to execute, acknowledge and deliver all proper writings, transfers and deeds of conveyance therefor.   In the event that either of my said executors herein above named shall be
deceased at the time of my death, then the survivor of said executors, shall be the executor of this my last will and testament. I further direct that my said executors or executor shall receive a commission of two per cent upon all moneys handled by them or him.

VI. In order that there may be a fair, equal, just and equitable division of my estate among my said children, I direct that my executors shall sell and convert into money all my estate, real, personal and mixed, as soon as is expedient and for the best interest of said estate after my decease.

In witness here of, I here unto subscribe my name at Temple, Texas, this the 24th day of February 1912, in the presence of B. J. Roop, and Henry Moore, whom I have requested to subscribe as attesting witnesses.
A. S. Lewellen

Separate Property of Anderson S. Lewellen       Feb. 26, 1912

Land 288   65/100 acres $25,920.00
       17 ½ acres 2,437.50
       9 acres 1,200.00
       Lots 500.00

Promissary Note - William Franklin 246.58
                           W. L. Lewellen 37.04

Money on hand $ 1070.00

Ins Policy 57.00

Blacksmith tools, forge and anvil 2.50
Wagon 5.00
Turning plow 3.00
2 sets of harness 12.50
1 horse 25.00
8 pigs 16.00
3 mules 325.00
3 heads of cattle 40.00
18 hogs 85.50
About 60 chickens 15.00
2 peafowls .00
Sulky plow, cultivator, planter, 6 hoes 6.50 (amount unreadable)
Sorghum mill 10.00
Iron safe 10.00
200 bu corn 140.00

Total $32,258.00

Scott County, Tennessee
September 5th, 1873

Anderson and Isaac Liewallen
Dear Sirs,
I embrace the opportunity of dropping you a line, we are all well, hoping
these lines reach you all and find you are well. Anderson, I have heard of
your letter coming to some of your old acquaintance and I have received not
a word, as you promised to write me. I think long of the time and cannot
wait - so I am anxious to hear from you and your country. I want you to
write and answer all of my questions, and I will commence.
I want to know what kind of land you haveand what it is counted at, what
kind of timber, water - whether spring or well, whether it is aguerish
(aguish?) or not. I want to know whether it is level or broken. I want to
know whether there is water streams for mills and machinery, or not.
I want to know about the grains of all kinds, all abou tthe serpents or
reptiles. I want to know what kind of team a man had better move, provided
he was to undertake to move and how long it would take the team to make the
trip, and what it will take.
I want to know what is the principal products of your country, whether it
will produce all kinds of vegetables or not, such as Irish and sweet
potatoes, cabbage, beans, beets, lettuce, onions, mush, and watermellons,
cucumbers, pumpkins, also corn, wheat, rye, and oats and how much to the
acre; and the kind of friends.
I wish to know whether you have the gospel preached or not and what
denomination is most common and if good schools. I want to know what a
blacksmith's wages is and whetherthings are scarce or plenty.
I want to hear how far you live from steamboat or railroad navigation and
the manner of the nearest landing or station. Tell me whether you have any
ticks or not. Give me the price of all kinds of stock.
Now I will say something of the times here. I will say they are hard. There
is money, there is no stock a selling at these times, what few fat cattle we
have the prospects is that the people will have to winter them; if the
people could sell their stock there is a good many families that would leave
this county, and me, for one.
I think land will sell before spring as there is a great excitement a moving
the people about the railroad through this section. They are now locating
the road and land is running up.
I will close my letter by requesting a quick answer and signing my name.

Yours as ever,
C.C. Reed

I was looking at obituaries and death notices from 1850 to (I can't
remember) when I ran across the name of Anderson S. Lewallen in the index.
This struck me as odd since we know he died in Texas. He was mentioned in
the article regarding the death of Daniel Pennington. It seems in 1872
Pennington was shot at by a man named Slavin while sitting in his home he
came out and returned fire when he was shot and killed by an unknown
assailant. Anderson S. Lewellen upon his return to the county, accompanied
by his brother-in-law Elihue McDonald was   arrested for the murder. It was
subsequently found by the court that he was not involved. It may however
shed light on why the Lewellens moved to Texas

Lewellen Cemetery location:
LewAllen (LewEllen) Cemetery is located northeast of Troy, Bell County,
From I-35, exit at Troy and go through the town (right). Take a
left on Shiloh Road, and then right on East Big Elm Road. Go left at
LewEllen Cemetery Road.   This road becomes dirt, and veers right up the
hill. The cemetery is on the hill.

One person's story, not mine:
Migrated to Texas by wagon in 1873 with Father and brothers.
1865Justice of the Peace Anderson S. (Cash-Up) Lewellen was the
second child born to John and Delilah (Reed) Llewellyn, in June of
1836.   Little is known of Anderson's childhood. There are several
stories of how Anderson got his nickname "Cash-Up".   One is that if
he worked for you a day he wanted to be paid   that night. Another
is, if he sold you something he wanted his money   immediately.
Anderson had a crippled leg.   They say he got it during the   Civil
War, either by the Union or Confederate soldiers who wanted to
enlist him in the army, and he would not go, so they shot him in the
leg.   Another story is that he was shot by soldiers during the war.
While, another stated that maybe his parents shot him in the leg, so
neither side could enlist him in the army.   It is said that Anderson
married Sarah McDonald when she was 19 years of age. He would have
been 16 years old at that time.   Some individuals show the date of
Marriage as   1857, others 1852.   Anyway, Anderson was three years
younger than his new   bride.   They had eight children together.
Sarah McDonald died in August   of 1869, at the age of 35. About three
months after Sarah passed away, Anderson married Sarah's sister,
Nancy McDonald, in November of 1869, she was 34 years old. Anderson
was a Justice of the Peace in Tennessee. He performed the Wedding
ceremony for his father and stepmother, John and Emily, Anderson and
Nancy, and their family moved to Texas, with his father   John, around
1872, and they lived in the same area, around Bell Co.,   Texas.
Anderson may have come to Texas, for awhile before the rest of   the
family moved here.   Anderson and Nancy had four children together.
The oldest, Sarah, was born in Tennessee, the other three were born
in   Texas.   This sets the date of the wagon train, west from
Tennessee,   between March 1872 and January 1876. Nancy passed away in
March 1900.   Anderson, then remarried, two years later, in 1902, to
Sallie Jane Boyce.   Their are no children listed   to this marriage.
Children with Sarah: Columbus, James, Nancy, John Riley, Allen,
Sherman, and Effie.

                                         Southern Claims Commission
                                                               Case File Of
                                                           A. S. Lewallen

11703 Feb 14, 1872
                                                 Of A. S. Lewallen
                                   of Scott County State of Tennessee
                                                         To The
                                             Commissioner of Claims
                                               Qutr & Commy stores
                                       Files by B. D. Hyam, Attorney
                                     1424 F Street, Near U.S. Treasury
                                                   Washington, D.C.

                           To the honorable Commissioner of Claims,
                           Under the Act of Congress of March 3, 1871.
                                                   Washington, D.C.
 The Petition of Anderson S. Lewallen respectfully represents:
 That he is [a] citizen of the United States and reside [s] in District No. 8, Scott County State of Tennessee.

 That he has a claim against the United States for Quarter Master Stores and Commissary Supplies Takened from him by William Clift –  Col. 7th Tennessee Infantry Volunteers about August 25TH 1862 Takened and used at Claimants residence.

 1st Eighty five (85) Bushels corn worth when Takened $1 per bushel $85.00
 2nd Two hundred and Forty (240) pounds Side of Bacon worth when takened 20 cents per pound $48.00

 Total value of property $133.00

 That all the items in the above schedule were of the full value therein set forth and were takened from your petitioner for the use of and were used by the United States Army takened by William Clift Colonel 7th Tennessee Infantry Regiment while recruiting. Said Regiment in Scott County Tennessee. Takened and used by said Regiment while stationed at Claimants residence.

 That no voucher, receipt or other writing was given therefor.

 That your petitioner resided at the time this said claim accrued in Scott County State of Tennessee.

 That he was the original owner of said claim, and that he is the present owner of the same.

 That your petitioner remained loyal adherent to the cause and the Government of the United States during the war, and was so loyal before and at the time of the taking of the property for which this claim is made.

 That said claim has before been presented to Thomas Watters General Claim Commissioner for the State of Tennessee under an act of the general assembly of the State and was returned to Claimant by a Subsequent act of said general assembly.

 That B. D. Hyam, of Washington, D.C. is hereby authorized and empowered to act as my attorney, for the prosecution of this claim.

 Wherefore your petitioner pray for such action as your Honorable Commission in the premises, as may be deemed just and proper.

Anderson S. Lewallen

           D. Jeffers
           James H. Pemberton

 Anderson S. Lewallen being duly sworn deposes and says, that he is the petition and who signed the same; that the matters therein stated are true, of the deponent's own knowledge, except as to those matters which are stated on information and belief, and as to those matters he believes them to be true, and deponent further says that he did not voluntarily serve in the Confederate Army or navy, either as an officer, soldier, or sailor, or in any other capacity, at any time during the late rebellion; that he never voluntarily furnished any stores, supplies, or other material aid to said Confederate Army, or Navy, or to the Confederate government, or any office, department or adherent of the same in support thereof, and that he never voluntarily accepted or exercised the functions of any officer whatsoever under, or yielded voluntarily support to, the said Confederate government.

Anderson S. Lewallen

           D. Jeffers
           Jno M. Cordell

 Sworn and subscribed in my presence, the 25th day of December 1871.

                                         Office of The Commissioner of Claims,
                                               Washington, D.C. July 1876,
                                                       Memorandum 11,703,
                                                       Anderson S. Lewallen
                                                     Scott County Tennessee

   Filed with Tennessee Genl. Claim Commission May 15, 1868.
                                                   Audited & approved

Established in 1863 Lock Box 171

                                                   Law and Patent Agency
                                                           B.D. Hyam,
                                     1424 "F" Street, near United States Treasury,
                                 All business promptly attended to Washington, D.C.

In replying, please note date of this letter     } July 7, 1874

C.F. Benjamin
D Sir:
In reply to your [indecipherable] in the claim of A.S. Lewallen No. 11703, [indecipherable] say that he has left Tennessee for Texas and the local attorney cannot give his post office address. Please place this with the paper.

B. D. Hyam
                                                   [End of case file]

Knoxville Daily Chronicle, Sunday 14th   July 1872, Vol. III, # 50 (Tennessee)
Anderson "Cash Up" Lewellen Accused of Murder

Pennington, Daniel.
"A Man Killed In Scott County."
On the evening of the 10th, Meshack Slaven and Daniel Pennington, brothers in laws and near neighbors, had a personal difficulty. Slaven came up to Pennington's house and rested his rifle upon the fence and fired upon Pennington in his own home, but without effect. Pennington returned the fire with a pistol, the ball taking effect in Slaven's shoulder; whereupon Slaven fled. Pennington walked out a short distance from his home and set in the bushes, and few minutes later he was shot by someone, supposed to be the brother of Mr. Slaven, who was near by when the difficulty occurred. Pennington died the next day.

The same article appeared in the Knoxville Weekly Chronicle, Wed, 17th, July 1872, Vol III, # 16, pg. 5

In July 1872 a man by the name of Dan Pennington was killed in the Third District of this county. A bill was found by the Grand Jury against Steward Slaven, who left the immediately after Pennington was killed. In a year or so, Anderson Lewallen, who was then living in that part of the county, moved to Texas. Last month Mr. Lewallen, in company with his brother in law, Elihu McDonald, came to this county. After they had been here some time Lewallen was arrested, accused of murdering or helping to murder Dan Pennington. Monday the 20, the case was called, Esqrs. Sharp and Griffith presiding.   Both sides announced ready for trial. A number of witnesses testified. Among them was the then wife of Dan Pennington, who said she was a sister to Steward Slaven and that he was the man who killed her husband. Before her husband died he told her he saw Steward Slaven run after   he (Pennington) was shot, and knew him. Other witnesses testified that before, or as Steward Slaven was leaving the country he said they need not bother his brother for he (Steward) killed Dan Pennington. Mr. Lewallen testified with a good countenance that he had nothing to do with the killing of Dan Pennington, that he staid in that country for a year after the killing and was never accused of it. It was very clear that Lewallen was innocent. The deision of the Court was "not guilty as charged in the warrant."   The prosecution must be satisfied, after hearing the evidence, that Lewallen was wrongfully accused. Scott County Call, 24th June 1887, Helenwood, TN, Vol. 1, # 14.

transcribed by Melba Boyd
Howard Bell Co. Texas
 February 15th 1876
 Mr. Cambell Lewellen

Dear sir, I seat myself to write you a few lines in
answer to your letter which I received a few days
ago which found us all well. I was glad to hear that
you was all well. Cambell I have nothing strange to
write. I will answer some of your questions. You
wanted to know if a man can buy prairie by the side
of timber. He can in some places, but that hante
ever man choice. I live by a small part of timber,
but the timber don't belong to me, my timber is 4
miles from me and It don't take as much time here
to get wood as it did in that country.   I know that
looks strange to you, the reason is that we don't
need the wood, so that is the cause. You wanted to
know if it was hotter here than it was there, it wasn't
as hot here as it was on the Big South Fork. There is
always a breeze stirring here which keeps a person
cool and pleasant. You wanted to know how we was
getting along with our fence, we are getting along
slow. We haven't got our fence closed yet nor we
haven't planted our corn yet, there is some people
planted a little but not much. the timber is putting
on their leaves and the grass is growing mighty
nice. You wanted to know how much cotton we all
made. I made little the rise of five hundred dollars
worth to my part after the rent and all the expenses
was paid in all. I made little the rise of 15 bales of
cotton which brought little the rise of eight hundred
dollars in all, but after paying the rent and expenses
which slowed me down to little the rise of five
hundred dollars to my part. Brother and his folks
is all well. Emley has got about well, she lost her
baby. Father and Calvin Bell wrote to you when I
wrote before and it was mailed the same time I
mailed mine before. write soon and often and
I will do the same. this is our election day, I am a
fixing to go to the Election.

 A. S. Lewellen

Knox Co. Marriage Book "A" dated June 9, 1823
LEWALLEN, Anderson to BAIN, Sally by Moses FOLEY, minister

June 1, 1870 US Federal Census
Name:     Anderson S Lewallen
Estimated Birth Year:     abt 1836
Age in 1870:     34  
Home in 1870:     District 1, Scott, Tennessee
Family and neighbors:     View Results  
Race:     White  
Gender:     Male  
Value of real estate:   500/500
Post Office:     Huntsville  
Roll:     M593_1559  
Page:     235  
Image:     2  
Year:     1870  
Allen Lewallen District 1, Scott, TN abt 1863     White   Male  
Anderson S Lewallen District 1, Scott, TN abt 1836     White   Male    
Campbell Le Lewallen District 1, Scott, TN abt 1864     White   Male    
Columbus Lewallen District 1, Scott, TN abt 1858     White   Male    
Epa a Lewallen District 1, Scott, TN abt 1869     White   Female    
James Lewallen District 1, Scott, TN abt 1860     White   Male    
John R Lewallen District 1, Scott, TN abt 1862     White   Male    
Nancy Lewallen District 1, Scott, TN abt 1836     White   Female    
Nancy W Lewallen District 1, Scott, TN abt 1860     White   Female    
Sherman Lewallen District 1, Scott, TN abt 1866     White   Male  

June 20, 1880 US Federal Census
Name:     A. S. LEWELLEN
Age:     44
Estimated birth year:     <1836>
Birthplace:     Tennessee
Occupation:     Farmer
Relationship to head-of-household:     Self
Home in 1880:     Precinct 4, Bell, Texas
Marital status:     Married
Race:     White
Gender:     Male
Spouse's name:     Nancy LEWELLEN
Father's birthplace:     TN
Mother's birthplace:     TN
Image Source:     Year: 1880; Census Place: Precinct 4, Bell, Texas; Roll: T9_1290; Family History Film: 1255290; Page: 363B; Enumeration District: 4; Image:  

April 16,1910 US Federal Census
Name:     A S Lewellen
Age in 1910:     73  
Estimated birth year:     1836
Birthplace:     Tennessee  
Home in 1910:     2-WD TEMPLE, BELL, Texas
Race:     White  
Gender:     Male  
Series:     T624  
Roll:     1530  
Part:     2  
Page:     107B
Year:     1910  
living at LM Pitts household listed as Roomer

Resa Miller - Jul 12, 2009

Well, it looks like my   gg-grandfather Campbell Lewallen was thinking about moving to Texas.   At least that is the way it sounded to me, from the answers on the letter.   Who has the original letter?

Resa Miller - Jul 12, 2009

What's up with Columbus giving Anderson blows?   and then Anderson died.   If I'm understanding that right something sounds fishey!

Larry White - Jul 13, 2009

Based on my great grandmother's letter to Sherman, I would say Columbus and his dad got in a fight and the old man died. It's hard to interpret it any other way.

Jean Brand - Jul 14, 2009

If you noticed it stated Anderson Cash Up died of natural causes. " The physicians announced after a thorough examination that they found that death was due to natural causes"
I found this sometime ago.

Mary  Hubbell - Jul 14, 2009

Yes, Natural Causes - but it still could have been triggered by the fight. However, Anderson seems to not have held any grudge against Columbus. The fight occurred February 18th, he wrote his will Feb. 24th - naming Columbus and leaving him the same as the rest of the children - minus what he had loaned him in the past.

According to J. Kelley Lewellen, Columbus' grandchildren didn't know they had family until they were contacted by him while writing his book "Lewellen: Genealogy of Anderson S. (Cash Up) Lewellen". That suggests that there was a break with the family - on which end is unknown, maybe both sides. Kelley's book also shares that in 1894, while living in Gaines Co., TX, Columbus shot and killed a man in self defense but it cost him his fortune to prove it to the county so his family moved to Maloga, NM. A 1938 newspaper story about him includes the tale - which reads like a dime novel.

"Stop where you are, Lewellen," barked the partner. "I might as welll tell you now, that story of the water drying up was a gag. I just wanted to get you here to kill you. We've been stealing your stock for months and you were too stupid to know it. Now I'm going to kill you and take the rest of them." He patted the barrel of his revolver and grinned. "You ready to die, Lewellen?"

J. Kelley Lewellen died in 1997. I'm slowly resizing scans of his book so we can get it printed out for family members to use for research.

Resa Miller - Jul 14, 2009

I think I read this too fast.   At thought at first that he wrote the will the same night.
I was thinking how so many people think they are ok after a hit in the head and then go to bed and never wake up.   Remembering the recent death of Natasha Richardson, the wife of Liam Neeson.
I thought he died the same night.   I do think now, after rereading, it could have been natural causes.
Still what a shame that grow men, father and son were fighting.   I guess it is probably no different than me arguing with my mom, we still love each other.   Maybe Cash Up had the first blow and Columbus just defended himself.