John Fender &
Martha Toliver

John Fender, son of Nimrod FENDER & Sarah SUMERS, was born Mar. 13, 1794, in Surry Co., NC, and died Feb. 21, 1857, in Ashe Co., NC. He married Martha "Patsy" Toliver, daughter of Jesse TOLIVER & Martha Frances "Franky" STAMPER, abt. 1812. She was born Mar. 13, 1797, in Wilkes Co., NC, and died bet. 1850-1860 in Ashe (Alleghany) Co., NC.

Children of John Fender & Martha "Patsy" Toliver:

  1. +Charity Fender, b. Dec. 8, 1813, Ashe Co., NC; d. July 25, 1907, Galax, VA; m. Thornton JENNINGS, son of William M. JENNINGS & Martha JOINES, Dec. 7, 1830 (b. May 16, 1809; d. 1866).
  2. +Allen Fender, b. Apr. 8, 1815, Ashe Co., NC; d. May 5, 1894, Alleghany Co., NC; m. Nancy EDWARDS, daughter of William EDWARDS & Nancy CARTER, Mar. 19, 1835 (b. Apr. 8, 1815; d. May 5, 1894); bur. Hiram Edwards Cemetery, Rd. 1461, Bledsoe Creek, Alleghany Co., NC.
  3. Frances "Franky" Fender, b. Mar. 6, 1817, Ashe Co., NC; d. Nov. 18, 1914, Alleghany Co., NC; m. Thomas MOXLEY, son of William M. MOXLEY & Mary SPURLIN (b. July 12, 1809; d. Apr. 24, 1899); bur. William Moxley Cemetery, Dan Osborne Road off Hwy 18, 1 mile south of Sparta, Alleghany Co., NC.
  4. +Sarah Fender, b. Dec. 8, 1818, Ashe Co., NC; d. June 10, 1860, Grayson Co., VA; m. Solomon JENNINGS, son of William M. JENNINGS & Martha JOINES, abt. 1834 (b. 1817; d. Jan. 17, 1895)
  5. Nimrod Fender, b. Oct. 27, 1820, Ashe Co., NC.
  6. Jefferson "Jesse" Fender, b. Oct. 2, 1822, Ashe Co., NC.
  7. +Jane Fender, b. Feb. 20, 1824, Ashe Co., NC; d. 1892, Alleghany Co., NC; m. William S. CROUSE, son of Jacob CROUSE & Sarah EDWARDS (b. abt. 1818; d. July 28, 1878); bur. Melvin Edwards Cemetery, Rd. 1416, Alleghany Co., NC.
  8. +Nancy Fender, b. Feb. 10, 1826, Ashe Co., NC; d. Mar. 9, 1869, Alleghany Co., NC; m. Thomas EDWARDS, son of Berry EDWARDS, Sr., & Ruth DAVIS, abt. 1840 (b. June 16, 1820; d. Jan. 11, 1897); bur. Hiram Edwards Cemetery, Rd. 1461, Bledsoe Creek, Alleghany Co., NC.
  9. Susanna "Susan" Fender, b. Aug. 7, 1830, Ashe Co., NC; d. aft. 1880, probably in Grayson Co, VA; m. David Lee MOXLEY, son of Nathaniel MOXLEY & Ann CROUSE, abt. 1850 (b. Jan. 2, 1829; d. Nov. 30, 1904). Children: Martha Frances Moxley (1850), Margaret "Peggy" Moxley (c.1854) m. John RICHARDSON; Charity Moxley (1855); William Thomas Moxley (1857) m. Laura Ann JOHNSON; Nancy Moxley (c.1860); Gillie Ann Mary Moxley (1862); Daniel R. Moxley (1866); David Reid Moxley (1868); John Ander Moxley (1870).
  10. Solomon Fender, b. Mar. 20, 1834, Ashe Co., NC; d. Apr. 14, 1894, Alleghany Co., NC; m. Charity Lucinda CHOATE, daughter of Richard "Dickie" CHOATE & Sarah EDWARDS, Sept. 20, 1855 (b. Jan. 24, 1839; d. Feb. 13, 1894); bur. Elk Creek Church, Alleghany Co., NC. Children: Richard Fender (1856) m. Cynthia J. CAUDILL; John C. Fender (1859), Sowell Smith Fender (1861), Sarah Alice Fender (1862), William Allen Fender "Bud" (1866), Joshua C. Fender (c.1867), Solomon Wheeler Grant Fender (1870), Susanna "Susan" Fender (1872), Cornelia Victoria Fender (1875), Lela Fender (1880).
  11. +Martha "Patsy" Fender, b. Feb. 13, 1836, Ashe Co., NC; d. Nov. 30, 1897, Alleghany Co., NC; m. (1) William Thomas CHOATE, Sr., son of Richard "Dickie" CHOATE & Sarah EDWARDS, Apr. 3, 1851, Ashe Co., NC (b. Jan. 28, 1832; d. June 4, 1864); m. (2) Levi WILLEY, Apr. 22, 1875, Alleghany Co., NC (b. 1812; d. bef. 1896); bur. Pleasant Home Union Baptist Church, Rd. 1412, Alleghany Co., NC.
  12. +Margaret "Peggy" Fender, b. Apr. 15, 1837, Ashe Co., NC; d. Jan. 31, 1898, Alleghany Co., NC; m. Joshua Sabret CHOATE, son of Richard "Dickie" CHOATE & Sarah EDWARDS, Sept. 19, 1854, Ashe Co., NC (b. Apr. 15, 1833; d. Feb. 2, 1910).


Fender Mountain

Fender Mountain
Alleghany County, NC

John Fender was probably born in Surry (now Yadkin) County, North Carolina, but his family moved to Ashe County prior to 1800.  Their neighbors included the large family of Jesse and Franky Toliver.  John Fender married Martha "Patsty" Toliver about 1812 based on the ages of their children.

Fender Mountain is part of the ridge that crosses central Alleghany County known as the Peach Bottom Mountains.  The name Fender Mountain did not exist until the 20th century.  It is not entirely clear whether John and Martha Fender actually lived on Fender Mountain, or whether they lived farther to the north around Jewel Swamp Creek, Bald Knob, and Doughton Mountain.  At one time, Doughton Mountain was known as Fender Knob.  There are some indications that John Fender lived closer to Doughton Mountain (Fender Knob) than he did to Fender Mountain.  It is possible that Fender Mountain was actually named after a later generation of the Fender family such as Allen Fender.  Early records are confusing because all the peaks in the central ridge are called Peach Bottom Mountain without distinction.

The births of the first nine Fender children are recorded in Jesse Toliver's family Bible. The Bible pages were submitted with Franky Toliver's application for a Revolutionary War widow's pension in 1847.  They are preserved in Jesse Toliver's Revolutionary War pension file in the National Archives. (NARA File No. W4086).  The nine Fender children are listed as follows:

Charity Fender was Bornd December the 8 1813
Allen Fender was Born April the 8 1815
Franky Fender was Bornd March the 6 1817
Sary Fender was bornd December the 25 1818
Nimrod Fender was Born October the 27 1820
Jesse Fender was October the 2 1822
Jane Fender was born February the 20 1824
Nancy Fender was bornd February 10th 1826
Susan Fender was born August the 7 1830

The Bible also gives the birthdates of Martha Toliver (Mar. 13, 1797), and John Fender (Mar. 13, 1794).  Although it is possible that Martha and John actually had the same birthdate, it is also possible that March 13th was used as an estimate because their actual birthdates weren't known.  The births of the Fenders' three youngest children (Solomon, Martha, and Margaret) are not listed in the Bible, or at least not on the pages that have survived.

In Footprints in the Sands of Time (Star Pub. Co., 1900), Ch. 6 (Alleghany County), Dr. A.B. Cox wrote, "John Fender, Sr., was a good citizen.  His wife was a Miss Toliver, a worthy, good woman.  They raised a most excellent family."


1815 Tax List, Ashe Co., NC, Capt. William's Dist: JOHN FENDER, 100 acres, 1 poll.

Sept. 10, 1817. John FENDER witnessed a deed from Richard WILLIAMS to Jesse TOLIVER for 2 tracts of land on Glade Creek in what was then Ashe County (later Alleghany County). (Alleghany DB 15:105; copy of deed reg. in Ashe DB F:298.)

1820 Census, Ashe Co., NC: JN FENDOR
2 w/m under 102 w/f under 10
1 w/m 16-251 w/f 16-25

1830 Census, Ashe Co., NC: JOHN FENDER
1 w/m 5-91 w/f under 5
2 w/m 10-142 w/f 5-9
1 w/m 30-391 w/f 10-14
 1 w/f 15-19
 1 w/f 30-39

Dec. 9, 1830. Land belonging to John FENDER mentioned in a land grant to Richard GENTRY, 100 acres in Ashe County on south side of Peach Bottom Mountain in John FENDER's line, adj. Samuel COX of Grayson Co., VA. Entered Aug. 25, 1829. (NC Archives Land Warrants & Plats, File No. 1697, Folder No., Grant No. 1586, Book 139:65.)

Dec. 20, 1832. State of NC to John FENDER, 26 acres in Ashe County on waters of Little River. Entered Sept. 19, 1831. (NC Archives Land Warrants & Plats, File No. 1890, Folder No., Grant No. 1778.)

Dec. 9, 1834. State of NC to John FENDER, 19 acres in Ashe County on Little River adj. David EVANS. Entered Sept. 16, 1833. (NC Archives Land Warrants & Plats, File No. 2006, Folder No., Grant No. 1904, Book 141:313.)

1840 Census, Ashe Co., NC: JOHN FENDER
1 w/m under 52 w/f under 5
3 w/m 15-191 w/f 5-9
1 w/m 40-491 w/f 10-14
 1 w/f 15-19
 1 w/f 20-29
 1 w/f 40-49

1850 Census, Ashe Co., NC, p.255 (HH#253):
JOHN FENDER, 57, farmer, NC
-- Patsy, 54, NC
-- Solomon, 16, NC
-- Patsy, 14, NC
-- Margaret, 12, NC
TOLLAVER, Francis, 20, NC

1850 Census, Ashe Co., NC, Slave Schedule: JOHN FENDER, 6 slaves

Nov. 26, 1850. State of NC to John FENDER, 21 acres in Ashe County on south side of Peach Bottom Mountain adj. his corner. Entered Oct. 11, 1844. (NC Archives Land Warrants & Plats, File No. 3762, Folder No., Grant No. 4804, Book 153:439.)

Mar. 31, 1852. John FENDER & wife Patsy to Levi FENDER, 509 acres where the said Levi FENDER now lives, beg. on B.O. JOHNSON's line, adj. a ridge near Starling TOLIVER's fence, an old field, CARSON, FENDER, down a branch to a stake near said FENDER's house, the head of a branch, crossing Little River, a branch at CHOATE's corner, down said river, crossing said river, to the old line, for $550. Signed: John FENDER, Martha (X) FENDER. Wits: Solomon TOLIVER, Wm. T. CHOAT, Jurat. Proved May 25, 1895, by John CHOAT from Wm. T. CHOAT's handwriting, as John FENDER & Martha FENDER are both dead & the witnesses are both dead. Reg. May 29, 1895. (Alleghany DB 10:192.)

Jan. 7, 1857. Land belonging to John FENDER mentioned in a deed from Lewis WOLF, Allen WOLF, & Franklin DUNKIN [DUNCAN] to Jesse TOLIVER, for 432 acres on Jewel Swamp Creek beg. on a knob at Joshua EDWARDS corner, adj. John FENDER, a graveyard, a branch, & WILLEY. (Alleghany DB 8:156.)

Oct. 24, 1859. Allen FENDER & Solomon FENDER, Exec'rs of John FENDER, dec'd, & James DILLARD as the legal agent of Jeremiah SPURLIN, to Henry R. WAGONER, 50 acres adj. Daniel SPURLIN & John ERVIN [ERWIN], for $46. Signed: James (X) DILLARD, Allen FENDER, Solomon FENDER. (Alleghany DB 1:57.)

Will of John Fender

Dated February 18, 1857
Ashe Co., NC, Will Book D, p.14

February the 18th 1857
Ashe Co., NC

I JOHN FENDER do acknowledge my self in my right mind this my last will and testimony I bequeath to my son SOLOMON FENDER that he has a part of my land Beginning on the North side of the mountain on my corner running south to my line near A creek and the west end of my land and SOLOMON FENDER is to have the home place at my Death and MARTHA FENDERS Death and if the children cannot agree on the price of the Land they shall choose three or four men to value the land and if either of us JOHN FENDER or MARTHA FENDER should live to be an expense on SOLOMON FENDER he is to have pay out of this land for his trouble with Us CHARITY JINNINGS had her forty dollars. SARAH JINNINGS has had her forty dollars. PEGGY CHOAT had thirty three dollars of her part of the forty dollars. MARTHA CHOAT had sixteen dollars and forty cts of her part. JANE CROUSE had thirteen dollars of her part. NANCY EDWARDS has received thirteen dollars of her part. SUSANAH MOXLEY has not received any of her part. Nor FRANKY MOXLEY. N.B. that MARTHA FENDER my wife has a childs part of the estate and that the rest of the property shall be sold and equally divided Amongst the Heirs and also I appoint ALLEN FENDER and SOLOMON FENDER Executors to this Will the day and date above written.